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Conservation Comm. Minutes - 2005/04-05

The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, April 5, 2005 beginning at 7:30 p.m.  Members present were Thomas Gill, Dianne Hearn, Barbara Kelley, Joseph Messina, and Holly Morris.  Samuel Butcher and Donald Merry were absent.  Thomas Gill was acting Chairman.  Joe Grady, Conservation Administrator was also present.  

PH/PM, DUBCO REALTY TRUST, 500 CONGRESS ST., DELINEATION
The Commission held the public hearing for the Abbreviated Notice of Resource Delineation and the public meeting for the Request for Determination of Applicability simultaneously.  Representing the applicant were Brad MacKenzie of MacKenzie Engineering Group and Kat McIntine from Rimmer Environmental Consultants.  Mr. MacKenzie reviewed the site plan.  Mr. Grady questioned some of the wetland flag locations and recommended a third party consultant be hired to review the delineation on behalf of the Town.  Ms. McIntine commented that she had revisited the site yesterday and agreed to several of the changes suggested by Mr. Grady.  Mr. Grady agreed to meet the applicant on site to discuss revisions.  Ms. Kelley made a motion that was seconded to have Mr. Grady review the delineation in the field and, if he felt it necessary to hire a consultant, the Commission authorizes Mr. Grady to hire Nover Associates.  The vote was 5 in favor; 0 – opposed.  Motion passed.  No file number had been issued for the project.  Ms. Kelley made a motion that was seconded to continue the public hearing/public meeting to April 26, 2005 at 8:15 p.m.  The vote was 5 in favor; 0 – opposed.  Motion passed.

CONT’D PH, SEALUND, 11 BAILEYS CIRCLE, SE 18-1298, POOL
Representing the applicant was Darren Grady, from Grady Consulting Co.  Mr. Grady reported he met the Conservation Administrator on the site and submitted a revised plan as a result of that meeting.  The limit of work was set at 56 feet from the wetlands.  The project conforms to the regulations.  Ms. Kelley made a motion that was seconded to accept the revised plan and issue Orders of Conditions.  The vote was 5 - in favor; 0 - opposed.  Motion passed.

PH, TOWN OF DUXBURY, ELM AND TREMONT STS., ISLAND CREEK FISH LADDER
Representing the applicant were Robert Fultz and Burt Bryant from Robert L. Fultz & Associates and Jon Nash from the Bay Study Committee.  Mr. Fultz explained the project which is to restore the fish ladder between Duxbury Bay and Island Creek Pond.  The two main construction sites were off Tremont Street near Mill Pond and off Elm Street.  The section off Elm Street required construction of a new weir.  Mr. Fultz explained that the work would be conducted during summer low water flow and that a cofferdam would be installed to control the water.  No DEP file number had been issued.  Ms. Kelley made a motion that was seconded to continue the public hearing to April 26, 2005 at 8:25 p.m. for issuance of a file number.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

CONT’D. PH, DUXBURY CONSTRUCTION CO., 675 BAY RD., ADDITION
Representing the applicant were Brian Sullivan and Freeman Boynton.  A revised plan was submitted that included the location of the coastal bank.  The proposed addition would be constructed within the existing foundation footprint.  No DEP file number had been issued.  Ms. Kelley made a motion that was seconded to continue the public hearing to April 26, 2005 at 8:30 p.m. for issuance of a file number.  The vote was 5 – in favor; 0 – opposed.  Motion passed.

LAND ACQUISITIONS (EXECUTIVE SESSION)
At 8:30 p.m. Ms. Kelley made a motion that was seconded to go into executive session.
Motion:  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.  
Vote:  A roll call vote was taken:  5 – in favor; 0 – opposed.  Motion passed.

At 8:45 p.m. Ms. Kelley made a motion that was seconded to reconvene into open session.
Motion:  to reconvene into open session.
Vote:  A roll call vote was taken: 5 – in favor; 0 – opposed.  Motion passed.

Meeting adjourned at 8:45 p.m.