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Conservation Comm. Minutes - 2005/07-26

The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, July 26, 2005 beginning at 7:30 p.m.  Members present were Chairman Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley, Donald Merry, Joseph Messina, and Holly Morris.  Joe Grady, Conservation Administrator was also present.  

CONT’D. PH, BALDWIN, 350 FRANKLIN ST., GARAGE, SE 18-1318
Since the DEP file number had been issued, Ms. Kelley made a motion that was seconded to issue the Orders of Conditions.  The vote was 7 – in favor; 0 – opposed.  Motion passed.

CONT’D. PH/PM, TARKILN RD. REALTY TR., SOUTH ST., SE 18-1308, DELINEATION
Representing the applicant were Dr. Jerry Carr from Carr Laboratories and Mark Casey from South Shore Survey Consultants, Inc.  Mr. Casey explained the revisions to the plan which included additional wetland flags as a result of a site visit with the Conservation Administrator.  Mr. Gene Orosz from addressStreet153 Buckboard Road spoke about a wet area at the intersection of Buckboard and addressStreetTarkiln Road and inquired about the perk tests done on the placeCityKingston side of the applicant’s parcel.  Mr. Orosz noted that information from the perk test may have relevancy to the Duxbury portion of the plan.  Several abutters questioned whether the depression next to the old pump house would be a resource area.  Mr. Grady noted that the area was part of the piping for the bog that is no longer functioning however; the area is still protected as it falls in the buffer to a bordering vegetated wetland.  The applicant has submitted two revised plans, one showing the resources in Duxbury and the second plan, for informational purposes, showing only the resources in placeCityKingston.  Dr. Gill made a motion that was seconded to issue a positive determination that a Notice of Intent is required for activities within the area as described on the plan entitled “Resource Area Delineation Plan at Tarkiln Road, Kingston, MA, Duxbury Assr’s Map 110b-055-001, Prepared by South Shore Survey Consultants, Inc. rev. 7/25/05” under the Town of Duxbury Wetlands Bylaw.  The vote was 7 – in favor; 0 – opposed.  Motion passed.

Mr. Messina made a motion that was seconded to approve the delineation on the plan entitled “Resource Area Delineation Plan at Tarkiln Road, Kingston, MA, Duxbury Assr’s Map 110b-055-001, Prepared by South Shore Survey Consultants, Inc. rev. 7/25/05”, under the MA Wetlands Protection Act.  The vote was 7 – in favor; 0 – opposed.  Motion passed.

CONT’D. PH, DUXBURY FARMS CORP., FRANKLIN & HIGH placeSTS., SE 18-1315
Representing the applicant were Jack O’Leary from Merrill Associates, Attorney Robert Knapik, and Chris Newhall from Coler & Colantonio, Inc.  The consultant for the Conservation Commission, Tom Sexton of Mainstream Engineering was also present for the discussion.  Mr. O’Leary explained the revisions to the plan in response to Mr. Sexton’s review of the plan.  Mr. Grady reported on the site visit and his working session with Mr. Sexton and Mr. O’Leary.  He noted that several areas on the site may qualify as vernal pools, but he was not permitted on the property prior to the filing of the Notice of Intent to gather any information for the certification.  Mr. Newhall reported that his firm investigated the depressions and that only one may qualify for certification.  Mr. O’Leary reported the applicant is willing to submit the information to Natural Heritage regarding that vernal pool. The Commission reviewed the proposed drainage.  Mr. Grady commented that the wetland area in the location of the proposed drainage basin #2 off of addressStreetFranklin Street would not qualify as an isolated wetland under the State Wetlands Protection Act and asked the applicant if the design of the basin would change if that area was not considered a wetland.  Mr. O’Leary responded that the size of the basin could be reduced.  The Commission agreed that the downsizing of the basin would also decrease the number of trees that need to be cut down and asked the applicant to look into revising the basin design.  Mr. Butcher read a letter from William Chisholm of 1280 Franklin Street dated July 21, 2005 regarding his concerns about stormwater management, vernal pools, and the wetland delineation.  Ms. Pine DuBois from the Jones River Watershed voiced concern about water quality downstream.  Attoney Knapnik reviewed the issues, which included drainage basin design and certification of vernal pools, that the applicant is to consider for the next meeting.  Dr. Gill made a motion that was seconded to continue the public hearing to August 23, 2005 at 8:00 p.m.  The vote was 6 – in favor; 0 – opposed; 1 – abstention (placeCityMessina).  Motion passed.

PH, CASO, 30 BRADFORD RD., SE 18-1319
Representing the applicant were Shawn Dahlen and the property owner David Caso.  The proposed project is to waterproof the foundation, and replace a railroad tie step and wall with stone.  There will be no change in grade or drainage.  Mr. Merry made a motion tha was seconded to issue Orders of Conditions.  The vote was 7 – in favor; 0 – opposed.  Motion passed.

91 GURNET ROAD
This was an informational discussion with Builder Paul Williams, Attorney David Blackmar from Murtha Cullina LLP, and Stanley Humphries from Ocean and Coastal Consultants Inc.  Mr. Butcher disclosed that a client of his firm is represented by another attorney from Murtha Cullina LLP.  The representatives for t91 Gurnet Road felt there would be no conflict with Mr. Butcher and allowed him to be involved in the discussion.  Mr. Grady gave a history of the project and referred to a handout that listed all the filings with the Commission for the project. Mr. Grady also referred to the minutes of the Commission meetings for 6/3/03, 7/13/04, 6/3/04, 8/10/04 and 8/24/04.  Mr. Grady presented photographs of the construction activities at the site taken in November 2004 at which time a verbal stop work order was issued.  Mr. Blackmar discussed the building code 50% rule that required designing the project to comply with flood zone regulations.  He also referred to a DEP Policy for construction in flood zones.  Mr. Humphries presented a copy of a revised plan of the project that was submitted to the Building Inspector.  Mr. Butcher questioned why after filing 3 applications with the Commission that construction was totally different than what was presented in those applications.  He noted that when there is a significant renovation to a dwelling on the barrier beach in the Gurnet Road area the Commission requires that the project be put on piles.  Mr. Messina commented that the project was in violation of Town of Duxbury Orders of Conditions SE 18-1273, special conditions ‘h’ and that what was presented was not what was being constructed.  Both Mr. Messina and Mr. Butcher recommended that the applicant file a new Notice of Intent.

PH, BUTTERWORTH, 229 SURPLUS ST., ADDITION, SE 18-1320
Representing the applicant were the contractor Donald Stone, Alan Vautrinot of Vautrinot Land Surveyors and the property owner William Butterworth.  The proposed project is an addition located 64 feet from the wetlands and relocation of the septic tank.  The project conforms to the regulations.  Mr. Merry made a motion that was seconded to issue Orders of Conditions.  The vote was 7 – in favor; 0 – opposed.  Motion passed.

DBR, INC., COBBLESTONES
Representing the applicant were Al Vautrinot, PersonNameShawn Dahlen, Kay Foster, Doug Dondero and Don Gunster.  Mr. Vautrinot explained the project to bring in additional stone to the cobblestone areas on the back side of placePlaceNameDuxbury PlaceTypeBeach.  The Commission approved the project.

ADMINISTRATIVE MATTERS
The Commission reviewed a request for a Certificate of Compliance for SE 18-872, 76 Captains Hill Rd.  Dr. Gill made a motion that was seconded to issue a Certificate of Compliance for SE 18-872.  The vote was 7 – in favor; 0 – opposed.  Motion passed.

Meeting adjourned at 10:05 p.m.