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Conservation Comm. Minutes - 2005/01-11

TOWN OF DUXBURY
CONSERVATION COMMISSION
Street878 Tremont Street,  Duxbury,  Massachusetts PostalCode02332-4499
(781) 934-1104
FAX (781) 934-1137

  
The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, January 11, 2005 beginning at 7:30 p.m.  Members present were Chairman Samuel Butcher, Thomas Gill, Dianne Hearn, Donald Merry, and Holly Morris.  PersonNameJoe Grady, Conservation Administrator was also present.  PersonNameBarbara Kelley and Joseph Messina were absent.

CONT’D. PH, NICHOLS, addressStreet154 MARSHALL ST., SE 18-1283
Representing the applicant were Frances Nichols and Paul Brogna from Seacoast Engineering Co.  The Commission reviewed a letter dated 1/11/05 from the Harbormaster, Donald Beers.  The Commission discussed the location of the pier in relationship to abutting piers.  Dr. Gill made a motion that was seconded to issue Orders of Conditions subject to receiving a revised plan that shows the agreed upon location of the pier.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

PM, DUXBURY CONSTRUCTION CO., 120 CRESCENT placeST., SEPTIC TANK
Representing the applicant was Freeman Boynton.  The proposed project is installation of the septic tank in the buffer to a coastal bank.  The soil absorption system is located outside the jurisdiction of the Conservation Commission.  Mr. Merry made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the installation of the septic tank.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

BICKNELL, addressStreet66 SEABURY POINT RD., PIER, SE 18-1108
Representing the applicant was Attorney Paul Driscoll and Paul Brogna.  The proposed project is replacement of a seasonal pier with a permanent structure.  The original application was appealed by the Commission, but the Court overturned the appeal and remanded the Commission issue Orders of Conditions.  Mr. Merry made a motion that was seconded to issue Orders of Conditions for the construction of a permanent pier.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

PH, MAZURCZAK, addressStreet171 BOLAS RD., ADDITION
Representing the applicant were the property owners Michael and Juliet Mazurczak and Paul Brogna of Seacoast Engineering Co.    The proposed project is construction of an addition in the buffer to bordering vegetated wetlands.  A revised plan was submitted that added additional wetland flags.  Mr. Grady noted that there has been cutting of vegetation on the abutting town-owned property.  One of the special conditions of the Order is that no work or alteration is permitted on the abutting town-owned land.  Dr. Gill made a motion that was seconded to issue Orders of Conditions.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

PH, TEDESCHI, addressStreet7 BAY AVE., POOL, SE 18-1296
Representing the applicant were Timothy Tedeschi, Doug Friesen and Paul Brogna.  The proposed project is reconstruction of the existing pool and cabana on a barrier beach.  The Commission asked that the cabana be located on pilings.  Mr. Tedeschi asked if a section of lawn between the seawall and the pool could be replaced with decking since overwash routinely kills the grass in that area.  The Commission agreed to the decking subject to the applicant reducing impervious cover elsewhere on the site.  The applicant suggested plantings along the property line.  Mr. Merry made a motion that was seconded to continue the public hearing to February 8, 2005 at 8:10 p.m.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

PH, LANGELAND, addressStreet298 POWDER POINT AVE., SE 18-1294, PIER
Representing the applicant were the property owner, Wesley Langeland and Paul Brogna.  The proposed project is construction of a pier over salt marsh, coastal beach and coastal bank.  Mr. Grady requested the pier be shortened to the edge of the permanent salt marsh.  It was noted that the property has several easements over it, so the Commission asked that the applicant provide information on the purpose of the easement and notify the property owners who have rights to the easement of the proposed pier.  Memos will be sent to the Harbormaster, Shellfish Advisory and Waterfront Advisory Committees requesting their review of the project.  Ms. Hearn made a motion that was seconded to continue the public hearing to February 8, 2005 at 8:15 p.m.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

CONT’D. PH, TERAVAINEN, addressStreet279 HIGH ST., SE 18-1289
Representing the applicant was Stephen Kotowski of Webby Engineering Co., who explained the revisions to the site plan.  Mr. Merry made a motion to accept the wetlands delineation as shown on the plan dated revised 12/28/04 as accurate, under the MA. Wetlands Protection Act.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

Mr. Merry made a motion to issue a positive determination for the area as shown on the site plan dated revised 12/28/04, under the Town of placeCityDuxbury Wetlands Bylaw.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

Dr. Gill made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the razing of the two sheds shown on the plan.  The vote was 5 – in favor; 0 – opposed.  Motion passed.


CONT’D. PH, SNUG HARBOR BOATWORKS, addressStreet30 RAILROAD AVE., SE 18-1288
Representing the applicant were Paul Brogna, Jeff Gray and John Daley.  Mr. Brogna explained the latest revisions to the plan.  The applicant indicated a facility operation management plan would be done for the project.  The Commission requested no storage of hazardous material behind the building and that the two inside floor drains be filled-in.   Mr. Merry made a motion that was seconded to issue Orders of Conditions.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

O’NEIL FARM CONSERVATION RESTRICTION
Ms. Patricia Loring reviewed with the Commission the revisions to the conservation restriction.  The Commission agreed to the revisions.

ADMINISTRATIVE MATTERS
The Commission reviewed two requests for Certificates of Compliances.  The Commission postponed action on the request for SE 18-377.  Dr. Gill made a motion that was seconded to issue a Certificate of Compliances for SE 18-1038, addressStreet233 Marshall St.  The vote was 5 – in favor; 0 - opposed.  Motion passed.

The Commission reviewed expenditures from the Conservation Fund.  Ms. Morris made a motion that was seconded to approve the expenditure of $341 from the Conservation Fund for a chainsaw.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

Mr. Grady updated the Commission on the FY 2006 budget for the Conservation Fund.

Meeting adjourned at 10:15 p.m.