The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, March 22, 2005 beginning at 7:30 p.m. Members present were Chairman Samuel Butcher, Thomas Gill, Dianne Hearn, Joseph Messina, Donald Merry and Holly Morris. Barbara Kelley was absent. Joe Grady, Conservation Administrator was also present.
PH, DUXBURY CONSTRUCTION CO., 35 BROOK RD., SE 18-1302
Representing the applicant were Freeman Boynton and the property owner, Chafik Hamadeh. Mr. Boynton explained the project which was construction of a guesthouse and associated site work. The only work within the 100-foot buffer to bordering vegetated wetlands is grading and installation of a driveway. Drywells will be installed for runoff from the roof and driveway. The proposed project conforms to the regulations. Dr. Gill made a motion that was seconded to issue Orders of Conditions. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, OCEANWOODS CONDOMINIUM ASSOC., OCEANWOODS DR., VEGETATION REMOVAL
Representing the applicant were Richard Moscadelli and Robert Sullivan. Mr. Moscadelli described the project which was to remove invasive vines and sumac that have encroached into the landscaped area behind the condominiums. No work would be performed within 45 feet of the wetlands. Trees damaged from the vine overgrowth will be cut. To control the vine growth the applicant proposes to use chemical treatment. The Commission required that no chemical treatment be performed within 30 feet of the wetlands. Dr. Gill made a motion that was seconded to issue a negative determination that a Notice of Intent is not required with the understanding that no chemical treatment is to occur within 30 feet of the wetlands. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION CO., 675 BAY RD., ADDITION
Representing the applicant were Freeman Boynton and the property owner, Brian Sullivan. The proposed project is to construct a second floor addition on the existing dwelling and upgrade the septic system. The addition would be constructed on the existing foundation with the exception of the new entryway. Mr. Grady reported that he could not find the wetlands flags in the field and that there may be a coastal bank. He scheduled a site visit with the applicant. Mr. Butcher noted concerns with driveway access during construction. The Commission asked for the coverage ratio. No DEP file number had been issued. Ms. Hearn made a motion that was seconded to continue the public hearing to April 5, 2005 at 8:05 p.m. The vote was 6 – in favor; 0 – opposed. Motion
passed.
PH, DUGGAN, 41 KEENE ST., S.F. DWELLING, SE 18-1301
Representing the applicant was Donald Bracken from Bracken Engineering Inc. The proposed project is construction of a single family dwelling and a septic system in the buffer to bordering vegetated wetlands. The Board of Health considered the project a reconstruction of a burnt dwelling and limited the dwelling to two bedrooms. The project conforms to the Commission’s regulations. Mr. Merry made a motion that was seconded to issue Orders of Conditions. The vote was 6 – in favor; 0 – opposed. The motion passed.
PM, BATTELLE MEMORIAL INSTITUTE, 397 WASHINGTON ST., SEPTIC
Representing the applicant was Paul Brogna of Seacoast Engineering Co. Mr. Brogna submitted a revised plan dated 3/14/05. The proposed project is a septic system upgrade. The only work within the buffer to salt marsh is installation of the septic tank and pump chamber and is located 75 feet from the wetlands. Ms. Hearn made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the septic project as described on the revised plan. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, PETRO, 37 FORT HILL LN., PIER REPAIR, SE 18-1303
Representing the applicant were Paul Brogna and Shawn Dahlen. The proposed project is to repair approximately 70 feet of the existing walkway that was storm damaged. Mr. Brogna submitted a revised plan. The walkway would be constructed in the existing footprint. Mr. Grady asked the applicant to consider extending the distance between bents, but Mr. Brogna noted concern for the structural integrity of the walkway if the distance was changed. Dr. Gill made a motion that was seconded to issue Orders of Conditions. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH/PM, TARKILN ROAD REALTY TRUST, OFF SOUTH STREET, DELINEATION
Representing the applicant were Dr. Jerry Carr from Carr Research Laboratory and Mark Casey from South Shore Survey Consultants. Dr. Carr explained the delineation. No project is proposed at this time. Mr. Grady noted that wetland flags # 120 – 132 should be labeled a stream and bank. Mr. Grady also reported that there is a wetland area on an abutting parcel whose buffer would affect the entrance to the site off South Street and should also be delineated on the plan. Mr. Grady asked if all the soil logs had been submitted. Mr. Butcher asked the applicant to be consistent with defining and labeling of resource areas for both Kingston and Duxbury sides of the property. Dr. Gill commented that the plan should be the same plan that is reviewed by both the Kingston and Duxbury Conservation Commissions. An
abutter, Brian Ojala commented that there is a stream running under the bog roadway. An abutter, Eugene Orosz reported that there is an active stream that runs under Buckboard Road and through the intersection of Buckboard and Tarkiln Road. No DEP file number had been issued. Dr. Gill made a motion that was seconded to continue the public hearing/public meeting to April 26, 2005 at 7:45 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
CONT”D. PH/PM, CHAVES & CINCOTTA, MERRY VILLAGE, LINCOLN ST., DELINEATION
Representing the applicant was Leann Bradley from Outback Engineering Inc. Ms. Bradley submitted a revised plan that incorporated the comments from the last meeting. Dr. Gill made a motion that was seconded to accept the wetlands line as shown on the plan revised 3/2/05 as accurate, under M.G.L. Chapter 131, section 40. The vote was 6 – in favor; 0 – opposed. Motion passed. Dr. Gill made another motion that was seconded to issue under the Town of Duxbury Wetlands Bylaw, Chapter 9, a positive determination that any work within 100 feet of the wetlands line as shown on the plan revised 3/2/05 requires filing a Notice of Intent. The vote was 6 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, SEALUND, 11 BAILEYS CIRCLE, SE 18-1298, POOL
The applicant submitted a written request asking for a continuation of the public hearing. Ms. Hearn made a motion that was seconded to continue the public hearing to April 5, 2005 at 7:45 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission reviewed the minutes of the meetings.
Dr. Gill made a motion that was seconded to approve the minutes of the meeting on 9/14/04, as written. The vote was 6 – in favor; 0 – opposed. Motion passed.
Ms. Hearn made a motion that was seconded to approve the minutes of the meeting on 9/28/04. The vote was 5 – in favor; 0 – opposed; 1 – abstention (Gill). Motion passed.
Ms. Hearn made a motion that was seconded to approve the minutes of the meeting on 10/12/04, as written. The vote was 5 – in favor; 0 – opposed; 1 – abstention (Gill). Motion passed.
Mr. Merry made a motion that was seconded to approve the minutes of the meeting on 10/26/04, as written. The vote was 4 – in favor; 0 – opposed; 2 -abstentions (Hearn, Messina). Motion passed.
Dr. Gill made a motion that was seconded to approve the minutes of the meeting on 11/9/04, as written. The vote was 4 – in favor; 0 – opposed; 2 - abstentions Messina, Morris). Motion passed.
Dr. Gill made a motion that was seconded to approve the minutes of the meeting of 11/23/04., as written. The vote was 4 – in favor; 0 – opposed; 2 - abstentions (Merry, Morris). Motion passed.
Dr. Gill made a motion that was seconded to approve the minutes of the meeting on 12/7/04, as written. The vote was 5 – in favor; 0 – opposed; 1 - abstention (Messina). Motion passed.
Ms. Hearn made a motion that was seconded to approve the minutes of the meeting on 12/21/04, as written. The vote was 4 in favor; 0 – opposed; 2 -abstentions. Motion passed.
Ms. Hearn made a motion that was seconded to approve the minutes of the meeting on 1/11/05, as written. The vote was 5 – in favor; 0 – opposed; 1- abstention (Messina). Motion passed.
Ms. Hearn made a motion that was seconded to approve the minutes of the meeting on 2/8/05, as written. The vote was 4 – in favor; 0 – opposed; 2 -abstentions (Butcher, Gill). Motion passed.
The Commission reviewed an expenditure request from the Conservation Fund for repair of a string mower. Ms. Hearn made a motion that was seconded to approve spending $112.43 from the Conservation Fund for the repair of the string mower. The vote was 6 – in favor; 0 – opposed. Motion passed.
LAND ACQUISTION (EXECUTIVE SESSION)
At 9:35 p.m. Dr. Gill made a motion that was seconded to go into executive session to consider the taking, purchase, exchange, lease or value of real property which, if discussed outside of this session could have a detrimental effect on the negotiating position of the governing body. A roll call vote was taken: 6 – in favor; 0 – opposed. Motion passed.
At 9:45. Dr. Gill made a motion that was seconded to reconvene into open session. A roll call vote was taken: 6 – in favor; 0 – opposed. Motion passed.
Meeting adjourned at 9:50 p.m.
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