The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, April 26, 2005 beginning at 7:30 p.m. Members present were Chairman Samuel Butcher, Dianne Hearn, Barbara Kelley, Donald Merry, Joseph Messina, and Holly Morris. Thomas Gill was absent. Joe Grady, Conservation Administrator was also present.
CONT’D. PH/PM, TARKILN ROAD REALTY TRUST, SOUTH ST., SE 18-1308
The applicant requested a continuation of the public hearing and public meeting in order to complete the revised plan. Ms. Kelley made a motion that was seconded to continue the public hearing/public meeting to May 24, 2005 at 7:35 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION CO., 109 ABRAMS HILL RD., SE 18-1307
Representing the applicant was Freeman Boynton. The proposed project is a septic system upgrade. The system is located as far from the resource areas as possible, 35 feet from the coastal bank and 112 feet from the salt marsh. The Board of Health has approved the project. Mr. Messina made a motion that was seconded to issue Orders of Conditions. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, DUXBURY CONSTRUCTION CO., 126 KING CAESAR RD., UTILITIES
Representing the applicant was Freeman Boynton. The proposed project is to install utilities from the residence under King Caesar Rd. to the landscaped yard on the waterfront. Mr. Merry made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The vote was 6 – in favor; 0 – opposed. Motion passed.
CONT’D. PH/PM, DUBCO REALTY TRUST, 500 CONGRESS ST., DELINEATION, SE 18-1304
Mr. Grady reported that he met with the applicant on the site and the applicant agreed to suggested changes in location of the wetland line. A revised plan was submitted showing the agreed upon changes. Mr. Messina made a motion that was seconded under the Massachusetts Wetlands Protection Act, to accept the wetlands line as delineated on the revised plan dated 4/20/05. The vote was 6 – in favor; 0 – opposed. Motion passed. Ms. Kelley made a motion that under the Town of Wetlands Bylaw, Chapter 9, the Commission accepts the wetland delineation as shown on the revised plan dated 4/20/05 and to issue a positive determination that any work within the jurisdiction of the Commission requires the filing of a Notice of Intent. The vote was 6 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, TOWN OF DUXBURY, ISLAND CREEK FISH LADDER, SE 18-1306
Since a DEP file number was issued, Mr. Merry made a motion that was seconded to issue Orders of Conditions for the restoration of the fish ladder. The vote was 6 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, DUXBURY CONSTRUCTION CO., 675 BAY RD., SE 18-1305
Since a DEP fine number was issued, Mr. Merry made a motion that was seconded to issue Orders of Conditions. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, KNIES, 226 BAY ROAD, RESTORATION PLAN
Representing the applicant were Susan and David Knies and Ann Sheridan from Duxbury Gardeners. Also present for the discussion was the abutter David Withington. Mr. Grady gave the history of the project. The proposed project was to restore the alteration of the wetland resources and buffer zone. Mr. Withington commented that the existing street catch basin is causing excess water to flow towards the site and create a mosquito area. The Commission directed him to contact the DPW. The sense of the Commission was that the plan was appropriate to restore the disturbed area, but the hearing could not be closed because no DEP file number had been issued. Ms. Kelley made a motion that was seconded to continue the public hearing to May 10, 2005 at 8:25 p.m. The vote was 6 – in favor; 0 –
opposed. Motion passed.
GARRETT, 290 POWDER POINT AVE., 2ND FLOAT
Mr. James Garrett reviewed with the Commission the policy on floats. Also present for the discussion were Harbormaster Don Beers, Shawn Dahlen, and the applicant’s engineer, Paul Brogna. Mr. Messina reported on his research with regards to a Chapter 91 seasonal permit for a float. Mr. Butcher summarized the policy of the Commission that if the float is freestanding and not attached to a dock then it does not fall under the jurisdiction of the Commission however, if the float is attached to the structure then it falls within the jurisdiction of the Commission. Mr. Beers explained the process for filing for a seasonal permit under Chapter 91. Mr. Dahlen commented that past Commissions did not deal with second floats and directed applicants to the Harbormaster. Mr. Grady disagreed and referred to
section 9.6.0 of the Commission regulations issued in 1997 and noted that these regulations were in effect when Mr. Garrett filed his Notice of Intent application in 1999. Mr. Butcher reiterated that the Orders of Conditions only permitted one float.
ADMINISTRATIVE MATTERS
The Commission reviewed a request from the Conservation Administrator to hire two interns for the summer. Ms. Kelley made a motion that was seconded to allocate $13,280 from the Conservation Fund for salaries and expenses for two interns from May to September, 2005. The vote was 6 in favor; 0 – opposed. Motion passed.
The Commission reviewed a letter from Attorney Michael Haney regarding old Orders of Conditions at the property at 186 Crescent Street. The Commission postponed action until Town Counsel reviews the letter.
The Commission reviewed a letter from the organizers of the Triathlon scheduled for September 18, 2005. Mr. Messina made a motion that was seconded that the Commission supports the proposal. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed the draft minutes for the meetings on 3/1/05 and 3/22/05. The Commission postponed action on the draft minutes for 3/1/05. Mr. Messina made a motion that was seconded to approve the minutes of the meeting of 3/22/05 as written. The vote was 5 – in favor; 0 – opposed; 1 – abstention (Kelley). Motion passed.
The Commission discussed a request from Paula Harris of the Open Space Committee to reimburse her for expenses in the amount of $60 for two events promoting use of the walking trails. Ms. Kelley made a motion that was seconded to appropriate $60 from the Conservation Fund to reimburse Ms. Harris for expenses related to the two events. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Conservation Administrator reported that the Leitzes at 326 Powder Point Ave had installed a second float off their pier in violation of the Orders of Conditions. Mr. Messina made a motion that was seconded to issue an enforcement order for the placement of the second float, in violation of the Orders of Conditions (SE 18-849). The vote was 6 – in favor; 0 – opposed. Motion passed.
Meeting adjourned at 9:35 p.m.
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