The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, August 8, 2006 beginning at 7:30 p.m. Members present were Chairman Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley, and Joseph Messina. Donald Merry and Holly Morris were absent. Joe Grady, Conservation Administrator was also present.
EXECUTIVE SESSION – LEGAL MATTERS
At 7:30 p.m. Dr. Gill made a motion that was seconded to go into executive session in accordance with M.G.L. Chapter 39, section 23B to discuss strategy with respect to litigation where an open meeting may have a detrimental effect on the negotiating position of the governing body. A roll call vote was taken: 5 – in favor; 0 – opposed. Motion passed.
At 7:45 p.m. Dr. Gill made a motion that was seconded to reconvene into open session. A roll call vote was taken: 5 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, DUXBURY CONSTRUCTION, 321 KING CAESAR RD., SE 18-1373
Representing the applicant were Freeman Boynton and the property owner Fostira Rachwalski. The Commission reviewed the memo dated 7/25/06 from the Duxbury Bay Management Commission. Mr. Boynton indicated that the height of the groins would be no more than 18 inches and would extend no further into the bay than the current groins. Ms. Kelley made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, TUFTS, 4 CABLE HILL WAY, SE 18-1370
Representing the applicant was Shawn Dahlen who submitted a revised plan that shows the wetlands on the abutting property. Proposed grading would be no closer than 53 feet to the salt marsh and 25 feet to the coastal bank. Mr. Dahlen asked if the Commission considered the coastal bank to be non-eroding. The Commission determined the coastal bank to be a non-eroding coastal bank. Ms. Kelley made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 341 KING CAESAR RD., FLOAT SYSTEM
Representing the applicant were Freeman Boynton and Emmett Sheehan. The proposed project is a 70-foot float system consisting of 5 sections of 4’ x 10’ floats and a 20’ x 20’ float at the end. Mr. Grady noted the regulations only permit a 10’ x 20’ float. The Commission asked that the project be reviewed by the Harbormaster and the Duxbury Bay Management Commission. Mr. Butcher asked about the construction of the floats and whether the anchors could cause erosion. No DEP file number had been issued. Ms. Kelley made a motion that was seconded to continue the public hearing to September 12, 2006 at 7:55 p.m. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CROSSSING, ENTERPRISE ST., DELINEATION, SE 18-1374
Representing the applicant was Nicole Hayes from Sanford Ecological Co. The Abbreviated Notice of Resource Area Delineation was a request to review the wetlands delineation associated with the Duxbury Crossing Chapter 40B development. Mr. Grady reported that the wetlands line had been approved 4 years ago but the Order of Resource Delineation had expired. Mr. Grady noted a riverfront area was delineated in the previously approved Order of Resource Delineation and asked the applicant to show the riverfront area on the plan. Ms. Kelley made a motion that was seconded to continue the public hearing to September 12, 2006 at 8:05 p.m. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, MAY, 19 PLYMOUTH AVE., FOUNDATION, SE 18-1375
Representing the applicant was Daniel May. The proposed project is to elevate the house onto a sonotube foundation and to enclose a small portion of the existing porch and add a second story deck above the porch. The project conforms to the regulations. Mr. Messina made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 –opposed. Motion passed.
PH, HARRIS, 266 HARRISON ST., DRAINAGE, SE 18-1376
The applicant Anthony Harris was present for the discussion. The Notice of Intent was filed in response to an Enforcement Order issued for alteration of a wetland. Mr. Harris reported he was unaware he needed any permits and had dug a trench to install a drainage pipe to handle the excess water on his property. Mr. Butcher noted the Commission needed a better description of the project. He indicated the plan does not adequately show the work done and asked for more information and a plan drawn to scale that shows the work and an explanation how the project would remove the excess water without impacting the wetlands. Mr. Grady reported that the applicant was aware there were wetlands since the wetlands had been delineated when the house was for sale and when the applicant filed for a new septic system and an
addition. Mr. Grady also indicated that he had spoken to the applicant when the applicant began digging the ditch in the wetlands and told him to stop the work. An Enforcement Order was issued by certified mail when the work continued. Mr. Grady also issued a citation. Mr. Butcher explained to the applicant that a significant area of wetlands had been altered and it’s the responsibility of the Commission to protect the resource area. Mr. Butcher indicated the Commission also does not want to see any drainage structure within the wetlands. Dr. Gill commented that the plan is inadequate and requests that a plan be drawn by a certified engineer. The Commission recommended the applicant work with an expert who could recommend how to restore the wetlands and how to alleviate the excess water issue without impacting the wetlands. Mr. Butcher summarized what the applicant needs to submit for the next meeting: an engineered plan
drawn to scale showing the wetlands delineation, elevations of the drain pipe, direction of water flow, and how the applicant was going to restore the wetlands to their condition prior to the installation of the drain. Dr. Gill made a motion that was seconded to continue the public hearing to October 24, 2006 at 8:00p.m. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, PRAT, 20 LAKE SHORE DRIVE, POOL, SE 18-1377
The applicant submitted a written request to continue the public hearing. Dr. Gill made a motion that was seconded to continue the public hearing to August 22, 2006 at 8:05 p.m. The vote was 5 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission postponed action on reorganization.
The Commission signed the Certificates of Votes for the Nudd and Loring land acquisitions.
The Commission reviewed Conservation Fund expenditures. Ms. Kelley made a motion that was seconded to approve the following expenditures from the Conservation Fund: $87 for legal services, $256.25 for Bay Circuit signs, and $285 for Bay Farm trail maps. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission reviewed two requests for Certificates of Compliances. Ms. Kelley made a motion that was seconded to issue Certificates of Compliances for SE 18-1297 (38 Landing Rd.) and SE 18-1101 (40 Amado Way). The vote was 5 – in favor; 0 – opposed. Motion passed.
Meeting adjourned at 9:30 p.m.
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