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Conservation Comm. Minutes - 2005/06-28

The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, June 28, 2005 beginning at 7:30 p.m.  Members present were Thomas Gill, Dianne Hearn, Barbara Kelley, Donald Merry, Joseph Messina, and Holly Morris.  Samuel Butcher and Joe Grady, Conservation Administrator were absent.  Dr Gill was acting Chairman since the Chairman, Mr. Butcher was absent.

PM, SULLIVAN, 675 BAY RD., PHRAGMITE CONTROL
The applicant, Brian Sullivan explained the project to control the phragmites.  Mr. Sullivan plans to treat the phragmites with the herbicide Rodeo and then to follow up with mowing and cutting.  Application of the herbicide would be done by a licensed applicator. Mr. Sullivan will contact the Conservation Administrator after the phragmites is treated with the herbicide for monitoring purposes.  Mr. Messina made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the application of herbicides to control the phragmites and that the Conservation Administrator conduct a site visit after the herbicides are applied, for monitoring purposes.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

PH, DUXBURY FARMS CORP., VALLEY, FRANKLIN & HIGH placeSTS., ROADWAY, DRAINAGE
Mr. Messina recused himself from this public hearing.  This public hearing was for a Notice of Intent filed under chapter 131, section 40, only.  Representing the applicant were Jack O’Leary from Merrill Associates, Attorney Robert Knapik, and Chris Newhall from Coler & Colantonio Inc.  The applicant submitted a signed time waiver that the public hearing was to be held within 21 days.  Mr. O’Leary described the site and the proposed project.  The proposed project was filed under a Chapter 40B Comprehensive Permit and the proposed plan being reviewed by the Conservation Commission is for a 20-lot subdivision.  
Mr. O’Leary noted the work within the jurisdiction of the Commission includes the drainage system.  Mr. O’Leary reviewed the wetland resource areas and commented that Coler and Colantonio had studied the site for vernal pools and noted that under the Wetlands Protection Act the isolated land subject to flooding areas would not qualify as certified vernal pools; however the areas would be an isolated wetland resource under the Town’s Wetland Bylaw.   Dr. Gill stated that the Order of Resource Delineation (SE 18-1085) approved by the Commission in 2001 has expired and the applicant needs to re-flag the resource areas in the field.  Tom Sexton of Mainstream Engineering has been the Town’s consulting engineer for the proposed project with the Zoning Board of Appeals.  The applicant agreed to have Mr. Sexton represent the Commission during the public hearing process.  Ms. Kelley made a motion that was seconded to retain Tom Sexton of Mainstream Engineering as the consultant for the Conservation Commission for the Duxbury Farms project.  The vote was 5 – in favor; 0 – opposed; 1 abstention (Messina).  Motion passed.  Mr. Sexton summarized his initial review of the project in a letter dated June 20, 2005.  The Commission asked that the applicant flag the wetlands in the field and stake the location of the proposed drainage basins prior to the Commission conducting a site visit.  Dr. Gill asked that the wetland flagging include the isolated areas of flooding that would be considered resource areas under the Town Wetland Bylaw and that the location of the roadway in the vicinity of those areas also is staked.  Once the flagging is complete the Commission will conduct a site visit.  Ms. Kelley made a motion that was seconded to continue the public hearing to July 26, 2005 at 8:00 p.m.  The vote was 5 – in favor; 0 – opposed; 1 – abstention (Messina).  Motion passed.

PH, LONG POINT MARINE, INC., 533 WASHINGTON ST., BULKHEAD REPAIR
Representing the applicant was Paul Brogna from Seacoast Engineering Co. and Larry Martin from Long Point Marine.  Mr. Brogna explained the project which is to repair the existing bulkhead by replacing tie rods and line the back of the bulkhead with filter fabric. Any area excavated will be backfilled at the end of each day.  Stockpiles of fill material will be enclosed with hay bales.  All work will be performed on the landside of the existing bulkhead.  No DEP file number had been issued.  Ms. Kelley made a motion that was seconded to continue the public hearing to July 12, 2005 at 8:15 p.m. for the DEP file number.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

PM, DECKER, addressStreet105 GURNET ROAD, 2ND –STORY RECONSTRUCTION
Representing the applicant were the architect Cheryl Perrault and structural designer Peter Falk from River Moor Engineering.  Ms. Perrault explained the project which was to reconstruct the second floor and tie in the roofline with the proposed addition.  It was noted that the addition had been approved by the Commission under Order of Conditions SE 18-1277 and the addition was to be built on open pilings.  Ms. Perrault noted the existing foundation was to remain and that Peter Falk had conducted a structural evaluation that was submitted to the Building Department.  A copy of that report will be submitted to the Commission.  Dr. Gill questioned whether the project is a renovation or rebuild.  Mr. Messina asked to review the Order of Conditions as well as the structural report before voting on the project.  Ms. Kelley made a motion that was seconded to continue the public meeting to July 12, 2005 at 8:20 p.m.  the vote was 6 – in favor; 0 – opposed.  Motion passed.

PM, MCCLUSKEY, AQUACULTURE GRANT
Mr. Merry recused himself from this public meeting.  The applicant, John McCluskey explained the project which was an aquaculture grant off the placePlaceNameSnug PlaceTypeHarbor channel.  Mr. Messina made a motion that was seconded to issue a negative determination that a Notice of Intent is not required.  The vote was 5 – in favor; 0 – opposed; 1- abstention (Merry).

ADMINISTRATIVE MATTERS
The Commission reviewed three requests for Certificates of Compliances.  The Commission postponed action on the request for a Certificate of Compliance for SE 18-1243.  Dr. Gill reported the Conservation Administrator had conducted site inspections for SE 18-771 and SE 18-887 and he recommends the Commission issue Certificates of Compliance for those two projects.

Ms. Kelley made a motion that was seconded to issue a Certificate of Compliance for SE 18-771.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

Ms. Kelley made a motion that was seconded to issue a Certificate of Compliance for SE 18-887.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

The Commission discussed whether to allow bow hunting to continue on those designated conservation parcels (South River bogs, PlaceTypeCamp PlaceNameWing, placePlaceNameAshdod PlaceTypeForest, and portion of Trout Farm).  Ms. Kelley made a motion that was seconded to allow bow hunting to continue for the next three years in the above-mentioned conservation parcels.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

Meeting adjourned at 9:15 p.m.