The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, January 24, 2006 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, TOWN OF DUXBURY, MATTAKEESETT COURT, BOAT RAMP
The applicant has requested a continuation of the public hearing in order to revise plans. Ms. Kelley made a motion that was seconded to continue the public hearing to January 21, 2006 at 8:00 p.m. The vote was 7 – in favor; 0 – opposed. Motion passed.
PM, GINO, 47 WASHINGTON ST., SITE WORK
Mr. Merry recused himself from this public meeting. Representing the applicant was Chris Phillips. Mr. Phillips explained the project which was to perform site grading to correct a drainage problem. Grading will be no closer than 75 feet from the wetlands. Dr. Gill made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the site work. The vote was 6 – in favor; 0 – opposed.
PM, KUBOTA, 42 LAKE SHORE DR., SUNROOM
The applicant, Yasco Kubota explained the project which is construction of a sunroom on an existing deck. The proposed project is located 75 feet from the pond and any new pilings would be hand-dug. Mr. Merry made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The vote was 7 – in favor; 0 – opposed.
PH, FLEMMING, 408 BAY RD., SEPTIC, SE 18-1345
Representing the applicant were Joe Webby from Webby Engineering Co. and the property owner Robert Fleming. The proposed project is replacement of the septic system. Mr. Grady reported that the soil absorption system was sited as far from the wetlands as possible. He noted that the site abuts town property and it appears that someone has been dumping wood chips on the town land. The Commission discussed rectifying the issue of dumping by asking the applicant to demarcate the property line. Steve Doyle from 12 Soule Ave. stated that he had a right-of-way to his property over the property at 408 Bay Road and asked if the proposed project would block his right of access. Dr. Gill asked the applicant to provide an accurate plot plan showing the easement. Mr. Edmund Distefano of 406 Bay Road spoke against
the proposed location for the septic system. The Commission requested the hearing be continued in order for the applicant to provide an accurate site plan and a plan for demarcation between the site and the Town-owned land. Ms. Kelley made a motion that was seconded to continue the public hearing to February 7, 2006 at 8:00 p.m. The vote was 7 – in favor; 0 – opposed. Motion passed.
PH, CONSERVATION COMMISSION, RULES & REGULATIONS REVISIONS
The purpose of this public hearing is to discuss revisions to the Commission’s rules & regulations. Mr. Grady proposed three amendments. The first amendment is to add # 9 to section 23.6 Piers “no floats may be stored in a wetland resource area”. The second amendment is to add a section 23.10 Sheds “Sheds up to 192 square feet built on open-sonotube foundations and located 75 feet or more from the edge of bordering vegetated wetlands do not require a permit under this Bylaw”. The third amendment proposed is to add section 23.11 Decks “Reconstruction of an existing deck on an open-pile foundation that is located 75 feet or more from bordering vegetated wetlands does not require a permit under this Bylaw”. Dr. Gill made a motion that was seconded to accept the three
above-referenced amendments proposed by the Conservation Administrator. The vote was 7 – in favor; 0 – opposed. Motion passed. Edward Lawson, representing the Duxbury Bay Maritime School raised concerns with regards to coastal land subject to flooding. As noted, water-dependent operations such as the maritime school would be restricted in what can be done on their property. Mr. Lawson requested the Commission consider an exemption for water dependent activities. John Wisbach of 9 Surfside West was also concern about the section regarding coastal land subject to flooding. Mr. Shawn Dahlen, 60 Long Point Lane reviewed his written comments in a memo dated 1/23/06. Dr. Gill asked that any proposed revisions be submitted in writing and to reference a specific section of the regulations. The Commission decided to continue the public hearing and to advertise the continuation in the local newspaper to allow any other
residents an opportunity to comment on the regulations. Mr. Messina made a motion that was seconded to continue the public hearing for the revised rules & regulations to March 7, 2006 at 7:30 p.m. The vote was 7 – in favor; 0 – opposed. Motion passed.
PM, DUXBURY CONSTRUCTION, 106 HARRISON ST., POND MAINTENANCE
Representing the applicant was Freeman Boynton. The proposed project is removal of excess sediment that has settled into the irrigation pond at the golf course. The sediment will be deposited outside the 100-foot buffer. Dr. Gill made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The vote was 7 – in favor; 0 – opposed. Motion passed.
PH, ESTATE OF ALDRICH DURANT, 114 ALDEN ST., SEPTIC
Representing the applicant was Paul Brogna of Seacoast Engineering Co. The proposed project is a septic system upgrade. Mr. Grady noted the system is located as far from the wetlands as possible but the Board of Health and Health Agent have not reviewed the proposal so he recommended the hearing be continued. No DEP file number had been issued. Ms. Morris made a motion that was seconded to continue the public hearing to February 28, 2006 at 7:45 p.m. The vote was 7 – in favor; 0 – opposed. Motion passed.
PH, DYROFF, 27 ELDERBERRY LN., PIER
Mr. Messina disclosed a business connection with the applicant’s wife’s brother; however, the applicant had no problem with Mr. Messina participating in the public hearing. Representing the applicant were Paul Brogna of Seacoast Engineering, Shawn Dahlen and Peter Dyroff. The proposed project is to reconstruct an existing pier. The Commission received written comments from MA Division of Marine Fisheries. Dr Gill asked the applicant to respond in writing to the comments. The Commissions wanted the proposal to be reviewed by the Duxbury Bay Management Commission and the Harbormaster. No DEP file number had been issued. Dr. Gill made a motion that was continued to February 28, 2006 at 7:55 p.m.
PH, GLEASON, 27 BEECHWOOD LN., PIER
Representing the applicant were Paul Brogna of Seacoast Engineering Co., Shawn Dahlen and Phyllis Gleason. The proposed project is construction of a new pier. Mr. Dahlen described the project and noted the proposed location is the shortest distance over the salt marsh. The Commission reviewed a letter from MA Division of Marine Fisheries. Dr. Gill asked the applicant to provide a written response to the Division of Marine Fisheries letter. The Commission wanted the project to be reviewed by the Duxbury Bay Management Commission and the Harbormaster. No DEP file number has been issued. Mr. Butcher was concerned about cumulative impacts and congestion of piers in the area. Ms. Morris made a motion that was seconded to continue the public hearing to February 28, 2006 at 8:05 p.m. The vote was 7 – in favor; 0 – opposed. Motion passed.
PH, ALLEN, 153 ISLAND CREEK RD., SEPTIC, SE 18-1346
Representing the applicant was Alan Vautrinot of Vautrinot Land Surveying Co. The proposed project is a septic system upgrade. The project has been reviewed by the Board of Health. Dr. Gill made a motion that was seconded to issue Orders of Conditions. The vote was 7 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission reviewed the annual maintenance list from the Duxbury Beach Reservation, Inc.
The Commission reviewed requests for Certificate of Compliances for SE 18-1165 and SE 18-964. Dr. Gill made a motion that was seconded to issue a Certificate of Compliance for SE 18-1165. The vote was 7 – in favor; 0 – opposed. Motion passed. The Commission postponed action on the request for SE 18-964 since the applicant needs to remove remnants of the old structure.
The Commission reviewed a request to pay the taxes for the McKenzie land gift from the Conservation Fund. Dr. Gill made a motion that was seconded to approve the expenditure of $43.57 from the Conservation Fund for the taxes on the McKenzie parcel. The vote was 7 – in favor; - opposed. Motion passed.
The Commission acknowledged a letter from Bill Tenhoor regarding the proposed pier at 33 Water St., but felt the public hearing was closed and it was inappropriate to reopen the hearing.
Meeting adjourned at 10:00 p.m.
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