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Conservation Comm. Minutes - 2005/03-01

TOWN OF DUXBURY
CONSERVATION COMMISSION
878 Tremont Street, Duxbury, Massachusetts 02332-4499
(781) 934-1104
FAX (781) 934-1137


The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, March 1, 2005 beginning at 7:30 p.m.  Members present were Chairman Samuel Butcher, Thomas Gill, Dianne Hearn, and Donald Merry.  PersonNameBarbara Kelley, Joseph Messina, and PersonNameHolly Morris were absent.  PersonNameJoe Grady, Conservation Administrator was also present.  

BAYWIDE MANAGEMENT STUDY COMMITTEE
Members of the Baywide Management Study Committee explained their proposed Annual Town Meeting articles # 23 and 24.  Members from the Committee included Chairman PersonNameJohn Carnuccio, Shawn Dahlen, and Margaret Kearney.  The Town Meeting articles were to establish a Duxbury Bay Management Commission (DBMC). The Conservation Commission requested the Committee change the number of days that the Commission is required to forward any application to the new DBMC from 3 to 5 days for review.  Dr. Gill made a motion that was seconded to support the program presented by the Baywide Management Study Committee and as described in Town Meetings Articles 23 and 24.  The vote was 4 -in favor; 0 – opposed.  Motion passed.

PH/PM, CHAVES & CINCOTTA, MERRY VILLAGE, addressStreetLINCOLN ST., DELINEATION
Representing the applicant was Leann Bradley from Outback Engineering Inc. who explained the plan and the delineation.  Mr. Grady noted the flag numbers in the field don’t coincide with the numbers shown on the plan.  He also questioned the topography as shown on the plan and asked if any calculations had been done to determine the size of the isolated wetlands area.  Dr. Gill made a motion that was seconded to continue the public hearing/public meeting to March 22, 2005 at 8:45 p.m.  The vote was 4 – in favor; 0 – opposed.  Motion passed.

PH, SEALUND, addressStreet11 BAILEYS CIRCLE, SE 18-1298, POOL
Representing the applicant was Rick Grady from Grady Consulting Co.  The proposed project is construction of a pool with associated site work and reconstruction of an existing deck.  The Conservation Administrator asked for the coverage ratio in the 100-foot buffer and noted he was not able to locate all the wetlands flags in the field.  He also questioned the accuracy of the topography as shown on the plan.  Mr. Butcher had concern with the proximity of the pool to the 50-foot setback line and asked if the applicant was planning on cutting any trees that that work be shown on the plan.  Dr. Gill made a motion that was seconded to continue the public hearing to March 22, 2005 at 8:50 p.m.  The vote was 4 – in favor; 0 – opposed.  Motion passed.

PH, DUXBURY CONSTRUCTION CO., 101 CANDLEWICK CLOSE, SEPTIC, SE 18-1299
Representing the applicant was Freeman Boynton.  The proposed project is to replace a failed septic system.  The proposed location for the soil absorption system is the best alternative on the site.  Dr. Gill made a motion that was seconded to issue Orders of Conditions.  The vote was 4 – in favor; 0 – opposed.  Motion passed.

CONT’D. PH, DUXBURY CONSTRUCTION CO., AMEND OC, SE 18-1284, addressStreet70 PETERSON RD.
Representing the applicant was Freeman Boynton.  In response to a request for a buffer between the pond and lawn the applicant agreed to a 7.5-foot wide vegetated buffer that will be edged by a 10-inch berm.  Mr. Boynton also indicated that the applicant would be installing an infiltration system to handle roof runoff.  Dr. Gill made a motion that was seconded to issue Orders of Conditions.  The vote was 4 – in favor; 0 – opposed.  Motion passed.

CONT’D. PH, LANGELAND, addressStreet298 POWDER POINT AVE., PIER, SE 18-1294
Representing the applicant was Paul Brogna from Seacoast Engineering Co.  When asked if the platform could be downsized Mr. Brogna responded that structural integrity of the pier would weaken with a smaller platform.  The Commission had not received any comments from the Harbormaster but felt he an ample time to respond.  Mr. Butcher reiterated that only one float is permitted.  Mr. Merry made a motion that was seconded to issue Orders of Conditions.  The vote was 4 – in favor; 0 – opposed.   Motion passed.

PM, SMITH, addressStreet2 HARMONY HILL RD., DECK
The applicant Jack Smith explained the project which was construction of a deck 47 feet from the top of a coastal bank.  Mr. Grady noted that the vegetated wetlands are greater than 100 feet from the proposed project and that in the Commission’s revised regulations there is a distinction made between an eroded and non-eroded coastal bank and that the applicant would not have to file an application under the new regulation.  Mr. Merry made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the deck.  The vote was 4 – in favor; 0 – opposed.  Motion passed.

ADMINISTRATIVE MATTERS
The Commission reviewed three requests for Certificates of Compliances.  Action was postponed on the request for a Certificate for SE 18-1153 because of snow cover.  Dr. Gill made a motion that was seconded to issue a Certificate of compliance for SE 18-377.  The vote was 4 – in favor; 0 – opposed.  Motion passed.

Mr. Merry made a motion that was seconded to issue a Certificate of Compliance for SE 18-691.  The vote was 4 – in favor; 0 – opposed.  Motion passed.

The Commission reviewed the Town Meeting articles 19 through 22 that are being sponsored by the Commission.  Dr. Gill made a motion that was seconded to support Articles 19 – 22.  The vote was 4 – in favor; 0 – opposed.  Motion passed.

The Commission reviewed a request for an extension permit for the Garside Reservoir Association to continue treatment of the aquatic weeds in the reservoir.  The applicant also requested a waiver of the filing fee since it is a non-profit organization.  Dr. Gill made a motion that was seconded to issue a three-year extension permit for SE 18-955 and to waive the filing fee.  The vote was 4 – in favor; 0- opposed.  Motion passed.

The Commission postponed action on the minutes of the meetings.

Mr. Gray reported that the transaction of the Mackenzie land gift has been taking longer than anticipated and asked whether the Commission would share the tax burden with the property owner as a result of the delay.  The Commission indicated that it would be willing to pay the real estate taxes if proposed at a future meeting.  The owner has filed for abatement.  No formal vote was taken.  

Meeting adjourned at 9:40 p.m.