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The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, January 10, 2006 beginning at 7:30 p.m. Members present were Chairman Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley, Donald Merry and Holly Morris. Joseph Messina was absent. Joe Grady, Conservation Administrator was also present.
CONT’D. PH, CLIFFORD, addressStreet33 WATER ST., SE 18-1336, PIER
Representing the applicant were Paul Brogna from Seacoast Engineering Co., Shawn Dahlen, Attorney Paul Driscoll and Fred Clifford. The Chairman explained the procedure for the hearing and reminded everyone that this hearing dealt with conservation issues and not zoning issues. Mr. Brogna summarized the engineering aspect of the latest plan. Attorney Driscoll spoke about Massachusetts CMR 323.207 regarding operating a motor boat near a swimmer. Mr. Dahlen presented an aerial photograph of Shipyard Lane Beach showing moorings close to the landing as an example of boaters and swimmers existing in close proximity, however he noted that only 15 of the moorings had legal permits. Mr. Merry questioned the appropriateness of the aerial if all the moorings shown were not permitted. Mr. Grady reported on November 3,
2005 he sent memos with specific questions for review by the Harbormaster/Shellfish Warden, Shellfish Advisory Committee, Waterfront Advisory Committee, and Division of Marine Fisheries. He received comments by the Harbormaster/Shellfish Warden and the Division of Marine Fisheries, but no one answered the specific questions. Dr. Gill requested the applicant respond both verbally and in writing to the letter from Division of Marine Fisheries. Ms. Morris voiced concerns about scouring effects from the float on the shellfish beds and salt marsh and asked that the owner consider removing the float at certain times of year. She also commented on the proximity of pier to a town landing and questioned whether it would act like a barrier towards recreational use at the landing. The following individuals spoke in favor of the proposal: Dr. Hendren, 247 King Caesar Rd., Gregg & Courtney Jordan, 1082 Tremont St., Ted Devnew, 8 Partridge Rd., Charles
Fargo, 501 Winterberry Ln., Kathy Gould, 247 Washington St., Bob Danner, 48 Seabury Point Rd., Charlie Rogerson, 33 Surplus St., Bill Bennett, 24 Hicks Point Rd, Peter Collins, 199 Depot St., Brian Daley, 69 Depot St., Jim Taylor, 500 Bay Rd., Paige Vinal, 363 Washington St., and David Lowry, 125 Standish St.. Karen Trais, One Water St., commented on the obstruction of view and safety concerns from the town landing. Andrea Pape spoke on behalf of Louise Rochester, 313 Washington St. regarding aesthetic and safety concerns. John Hagerty, 12 Water St. indicated that he had spoken with Army Corps of Engineers and he asked the applicant to consider an alternative design that was smaller or a seasonal pier. Charles Post, 32 Long Point Rd. commented that there is a need to balance the rights of property owners and the desire of townspeople to enjoy the bay. Bill Tenhoor, One Water St. commented that the applicant has the burden of proof to show no impacts on the
wetland resources and he did not think the applicant had accomplished that task. Mr. Dahlen commented that the proposed pier is similar to other piers permitted and that the only difference is proximity to the town landing. Mr. Driscoll summarized his perception of the issues. Mr. Butcher commented the Commission’s role is to assess the proposed project with regards to environmental issues and impacts to wetland resource area and not property rights or zoning. Ms. Kelley made a motion that was seconded to issue Orders of Conditions. The vote was 4 – in favor; 2 opposed. Motion passed.
PH/PM, DAHLEN, 154 WASHINGTON ST., DELINEATION, SE 18-1344
Representing the property was Shawn Dahlen. The proposed project was acceptance of the wetlands delineation. Resource areas delineated included bordering vegetated wetlands, stream, and pond. Mr. Grady reported he had met the applicant twice on the site and the only outstanding thing was to label the pond. Several abutters, James and Mary Lampert, 148 Washington St., Russell and Sharon Randall, 10 Huckleberry Lane, and John Hill, 120 Washington Street commented that water running under the street drains into the Hinckley property and asked that the applicant further evaluate the southern corner of the property. Mr. Dahlen agreed. The Commission asked that the elevation of the weir be labeled on the plan. Ms. Kelley made a motion that was seconded to continue the public hearing/public
meeting to February 7, 2006 at 7:35 p.m.
PH/PM, GIACCHETTO, SUMMER ST., DELINEATION, SE 18-1344
Representing the applicant was Rick Grady of Grady Consulting Co. The proposed project was acceptance of the wetlands delineation. Rick Grady explained the plan. The Conservation Administrator commented that it is a difficult site to delineate because of high groundwater and he recommended the Commission hire a consultant to review the delineation. The applicant agreed to the hiring of Lenore White as the consultant to the Conservation Commission and agreed to pay the consultant fee. Ms. Hearn made a motion that was seconded to use the provisions of the Town of CityDuxbury regulations to hire a consultant and to obtain a consultant fee from the applicant. The vote was 6 – in favor; 0 – opposed. Motion passed. Ms. Morris made a motion that was seconded to continue the public
hearing/public meeting to February 7, 2006 at 8:00 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, BAY FARM TRUST ll, WOODRIDGE & BAY FARM RDS., BREWSTER COMMON
Representing the applicant was Rick Grady from Grady Consulting Co. The proposed project is construction associated with the Brewster Commons residential development. There are no wetlands on the site however, during a site inspection the Conservation Administrator observed a drainage channel as an intermittent stream. He recommended the plan show the intermittent stream and the 100-foot buffer to the stream. The only work within the buffer would be improvement to a gravel emergency access road. Ms. Hearn made a motion that was seconded to continue the public meeting to February 7, 2006 at 8:10 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 379 KING CAESAR RD., SEAWALL
Representing the applicant was Freeman Boynton. The proposed project is repair to the existing seawall. Mr. Boynton will provide a letter from the abutter giving permission for access over the abutting property to the site. No DEP file number had been issued. Ms. Morris made a motion that was seconded to continue the public hearing to February 7, 2006 at 7:40 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 26 KING CAESAR RD., PIER
Representing the applicant were Freeman Boynton and the property owner Mary Ellen Smith. The proposed project is to rebuild the existing pier in the exact location. No DEP file # had been issued. Ms. Morris made a motion that was seconded to continue the public hearing to February 7, 2006 at 7:45 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, DUXBURY CONSTRUCTION, 30 LANDING RD., SE 18-1338
Since the revised plan had not been submitted the public hearing was continued. Ms. Morris made a motion that was seconded to continue the public hearing to February 28, 2006 at 7:35 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, MCKENZIE, 260 TEMPLE ST., ADDITION, SE 18-1343
The applicant Michael McKenzie described the project. He indicated that the addition had been previously approved, but the Orders of Conditions had expired before construction began. Dr. Gill made a motion that was seconded to issue Orders of Conditions. The vote was 6 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission reviewed a request for a Partial Certificate of Compliance for SE 18-1332. The only work outstanding is stabilization of all disturbed areas. Dr. Gill made a motion that was seconded to issue the Partial Certificate of Compliance for SE 18-1332. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed two requests for Certificates of Compliances, SE 18-1232 and SE 18-964. Mr. Merry made a motion that was seconded to issue a Certificate of Compliance for SE 18-1232. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission postponed action on the request for a Certificate of Compliance for SE 18-964 since remnants of the old pier still remain.
Meeting adjourned at 10:30 p.m.
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