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Conservation Comm. Minutes - 2005/11-15

The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, November 15, 2005 beginning at 7:30 p.m.  Members present were Thomas Gill, Dianne Hearn, Barbara Kelley, Donald Merry, Holly Morris and Joseph Messina.  Samuel Butcher was absent.  Dr. Gill was Acting Chairman since Mr. Butcher was absent.  Joe Grady, Conservation Administrator was also present.  

PH, DUXBURY CONSTRUCTION, addressStreet30 LANDING RD., S.F. DWELLING
The applicant requested the public hearing be continued in order for the architect to attend the meeting.  Ms. Kelley made a motion that was seconded to continue the public hearing to December 6, 2005 at 7:55 p.m.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

PH, DUXBURY CONSTRUCTION, addressStreet344 TEMPLE ST., ADDITION
Representing the applicant was Freeman Boynton.  The proposed project is to relocate the driveway and construct an addition.  The project conforms to the regulations, but no DEP file number had been issued.  Mr. Merry made a motion that was seconded to continue the public hearing to December 6, 2005 at 8:05 p.m.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

PH, CLIFFORD, addressStreet33 WATER ST., PIER
Representing the applicant were PersonNameShawn Dahlen, Attorney Paul Driscoll, Paul Brogna of Seacoast Engineering and the property owners Frederic and Barbara Clifford.  Attorney Driscoll had a court stenographer.  Mr. Brogna and Mr. Dahlen explain the project which is construction of a pier.  It was noted that a pier was previously permitted in 2001 but the Orders of Conditions had expired.  The proposed pier was shorter in length.  Mr. Driscoll noted that the Town had adopted a pier zoning bylaw.  Mr. Grady showed photographs of the area and noted that requests for reviews by the Shellfish Advisory Committee, Harbormaster, Waterfront Advisory Committee, Duxbury Bay Management Commission and Division of Marine Fisheries had been sent out, but there have been no responses.  He asked that the public hearing be continued.  Ms. Morris asked if any analysis of shellfish been done.  Mr. Merry questioned whether a boat can be operated within 150 feet of a swimming beach.  Mr. Willliam Tenhoor of addressStreet1 Water Street spoke in opposition of the project.  His issues included aesthetics, cumulative effects on the resource areas, impacts to recreation, and proximity to a town landing.  He and several of the Commissioners asked whether the applicant had considered lowering the walkway.  Mr. Dahlen commented that the height of the pier is to allow for minimal storm damage and to meet the Army Corps regulations.  The applicant’s engineer is to stake the proposed pier location in the field and the Commission will conduct a site visit.  Ms. Kelley made a motion that was seconded to continue the public hearing to January 10, 2006 at 7:35 p.m.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

CONT’D. PH, TOWN OF CityplaceDUXBURY, addressStreetMATTAKEESET CT., BOAT RAMP, SE18-1328
The applicant requested a continuation of the public hearing.  Ms. Kelley made a motion that was seconded to continue the public hearing to January 24, 2006 at 7:35 p.m.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

CONT’D. PH, DUXBURY CONSTRUCTION, addressStreet321 KING CAESAR RD., SEAWALL REPAIR
Since no DEP file number had been issued the public hearing was continued.  Ms. Kelley made a motion that was seconded to continue the public hearing to December 6, 2005 at 8:10 p.m.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

DUXBURY BEACH RESERVATION, INC., (DBR, INC) REVIEW OF MAINTENANCE PROJECTS
Al Vautrinot, PersonNameShawn Dahlen, Jim O’Connell, and Kay Foster were present for the discussion.  The Commission reviewed proposed maintenance projects.  Ms. Kelley made a motion that was seconded to approve the use of a helicopter to fertilize the beach vegetation.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

Ms. Kelley made a motion that was seconded to send a letter of support to the Fire Chief for the beach grass burning project in the fall.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

The Commission reviewed two letters submitted by the DBR, Inc. regarding the 2005 year-end report and the proposed projects for 2006.  Ms. Kelley made a motion that was seconded to accept the 2005 year-end report and the list of proposed activities for 2006.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

PM, BENEDICT, addressStreet425 BAY ROAD, DECK
Representing the applicant was the contractor, Mark Mattson.  The proposed project is to replace and extend the existing deck.  The project conforms to the regulations.  Mr. Merry made a motion to issue a negative determination that a Notice of Intent is not required for the proposed deck project. The vote was 6 – in favor; 0 – opposed.  Motion passed.

ADMINISTRATIVE MATTERS
The Commission reviewed four requests for Certificates of Compliances: SE 18-964 (addressStreet290 Powder Point Ave.), SE 18-744 (addressStreet146 Gurnet Rd.), SE 18-421 (addressStreet158 Marshall St.) and SE 18-800 (addressStreet158 Marshall St.).  Mr. Grady reported he had not inspected addressStreet290 Powder Point Ave so the Commission postponed action on this request.  Mr. Grady reported that work was never done for SE 18-744 and SE 18-421 and he had inspected SE 18-800 and recommended issuance of the Certificates of Compliances.  Ms. Kelley made a motion that was seconded to issue a Certificate of Compliance for SE 18-800.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

Ms. Kelley made a motion that was seconded to issue the Certificates of Compliances for SE 18-774 and SE 18-421, noting that the work was never done and if the work was to be done a new Notice of Intent would need to be filed.  The vote was 6 – in favor; 0 – opposed.  Motion passed.

Mr. Grady reported on the preparation for the tree sale at the Jaycox Christmas Tree Farm.

Meeting adjourned at 9:30 p.m.