The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, July 12, 2005 beginning at 7:30 p.m. Members present were Chairman Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley, and Holly Morris. Donald Merry and Joseph Messina were absent. Also present was Joe Grady, Conservation Administrator.
PH, LORING,ELM STREET, S.F. DWELLING, SE 18-1316
Representing the applicant was Mark Casey from South Shore Survey Consultants, Inc. The proposed project is construction of a single family dwelling located 66 feet from the bordering vegetated wetlands. The proposed driveway would be 54 feet from the wetlands. Mr. Grady commented that the wetland resource areas were not labeled correctly on the plan. Ms. Morris asked if additional silt fence should be added because of the amount of proposed grading. The applicant agreed to a double row of siltation fence. The Commission asked the applicant to revise the plan to show the correct labeling of the resource areas and the location of the Wetlands and Watershed Protection District. Dr. Gill made a motion that was seconded to issue Orders of Conditions contingent on receiving a revised plan showing the
correct wetland resource areas. The vote was 5 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, HORNBEAM REALTY TRUST, 95 HORNBEAM RD., SE 18-1309
Representing the applicant were Attorney Paul Driscoll, Paul Brogna from Seacoast Engineering Co., and the property owner Dr. Russell Harrington. Mr. Brogna provided information regarding the distance the proposed pier is from other piers in the area. The Commission was still waiting for the review of the proposal by PersonNameDon Beers, Harbormaster and the Commission’s consultant, Nover-Armstrong Associates. The Commission had received the review letter from the Division of Marine Fisheries. Dr. Gill asked the applicant to respond in writing to the comments by the Division of Marine Fisheries. The Commission scheduled a site visit on Monday, July 18, 2005. Dr. Gill made a motion that was seconded to continue the public hearing to August 9, 2005 at 7:35 p.m. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, BALDWIN, 350 FRANKLIN ST., GARAGE
The applicant John Baldwin explained the project which is to demolish a one-car garage and construct a two-car garage. No grading is proposed. The project conforms to the regulations. Since no DEP file number has been issued the public hearing needs to be continued. Ms. Morris made a motion that was seconded to continue the public hearing to July 26, 2005 at 7:35 p.m.
PM, MRAZ, 46 PARTRIDGE RD., DECK
Representing the applicant were the property owner Paul Mraz and the contractor, Tim Linsky. The proposed project is to replace the existing deck. The proposed deck would have a different configuration but the same square footage. Ms. Hearn made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the reconstruction of the deck. The vote was 5 – in favor; 0 –opposed. Motion passed.
CONT’D. PH, LONG POINT MARINE,533 WASHINGTON ST., SE 18-1317
The DEP file number has been issued. Ms. Hearn made a motion that was seconded to issue Orders of Conditions for SE 18-1317. The vote was 5 – in favor; 0 – opposed. Motion passed.
CONT’D PM, DECKER, 105 GURNET RD., 2ND-STORY RECONSTRUCTION
Representing the applicant were Francis and Lynne Decker and Peter Falk of Rivermoor Engineering & Associates Inc. Mr. Falk discussed his site observation report dated 12/15/04. The Commission reviewed the foundation plan. Mr. Grady explained the proposed work: the first floor and first floor walls were to remain; the second floor would be rebuilt. The proposed addition is regulated under Orders of Conditions SE 18-1277. Mr. Grady also reviewed the definition of substantial improvement under the State Building Code and the regulations regarding construction on a barrier beach. Dr. Gill made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the reconstruction of the second story. The vote was 5 – in favor; 0 –opposed.
Motion passed.
LEITZES, 326 POWDER POINT AVE., 2ND FLOAT
Present for the discussion were Attorney Paul Driscoll, property owner Stanley Leitzes, and Paul Brogna of Seacoast Engineering Co. The Commission discussed the enforcement order issued for violation of Orders of Conditions SE 18-849 that stated only one float is allowed. Mr. Driscoll asked that the Commission consider rescinding the enforcement order rather than the applicant appealing the enforcement order in court. Dr. Leitzes claimed that during the permit process for his pier he had indicated that he had a permit for a second float from the Harbormaster. Mr. Butcher noted the minutes of the hearing do not show any discussion of a second float. The only official record is the Order of Conditions that states only one float. Mr. Driscoll asked that the Commission extend the enforcement order to allow the
applicant time to assess the situation and provide copies of his permits from the Harbormaster. Mr. Driscoll asked if the two floats were separated from each other would they be in compliance with the Orders. Dr. Gill made a motion that was seconded to extend the enforcement order to July 19, 2005. The vote was 5 – in favor; 0 –opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission postponed action on the requests for Certificates of Compliances for SE 18-1243 (54 Bay Pond Rd.) and SE 18-1233 (41 Bay Pond Rd.).
The Commission reviewed requests for Certificates of Compliances for SE 18-1266 (724 Temple St.) and SE 18-1153 (42 School St.). Mr. Grady recommended issuance of the Certificates. Ms. Kelley made a motion that was seconded to issue a Certificate of Compliance for SE 18-1153. The vote was 5 – in favor; 0 – opposed. Motion passed.
Ms. Kelley made a motion that was seconded to issue a Certificate of Compliance for SE 18-1266. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission reviewed a request to expend $100 from the Conservation Fund for the purchase of plexi-glass for the kiosk at the Lansing Bennett Forest. Dr. Gill made a motion that was seconded to approve the expenditure of $100 from the Conservation Fund for the purchase of plexi-glass. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission scheduled a site visit to Duxbury Farms on July 15, 2005 at 7:30 a.m.
Meeting adjourned at 9:30 p.m.
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