The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, January 9, 2007 beginning at 7:30 p.m. Members present were Chairman Joseph Messina, Samuel Butcher, Thomas Gill, Barbara Kelley, and Donald Merry. Dianne Hearn and Holly Morris were absent. Joe Grady, Conservation Administrator was also present.
DUXBURY BEACH RESERVATION, INC – BEACH REPORT
Representing the applicant were Margaret Kearney, Jim O’Connell, Shawn Dahlen, and Al Vautrinot. The applicant reported on activities at Duxbury Beach for the past year. Mr. Dahlen discussed proposed work for 2007 as described in a letter dated December 8, 2006.
PH, DUXBURY CONSTRUCTION, 45 WADSWORTH LN., S.F.DWELLING, SE 18-1395
Representing the applicant were Freeman Boynton, contractor Kevin Leary and the property owners, Fred and Anne Henning. Mr. Merry recused himself from this public hearing. The proposed project is to demolish the existing dwelling and construct a new single family dwelling with a new septic system. The Commission approved Orders of Conditions SE 18-1322 for a new FAST septic system. The applicant proposes to change the septic system to a Presby System. The existing coverage within the 100-foot buffer exceeds 15%, however the applicant is proposing no increase in coverage. The proposed dwelling will maintain the same setbacks to resource areas as the existing structure. The applicant also requested to repair the seawall. No equipment will be on the coastal beach. Mr. Butcher made a motion
that was seconded to issue Orders of Conditions. The vote was 4 – in favor; 0 – opposed. Motion passed.
PH, WORLEY, 91 PARTRIDGE RD., S.F. DWELLING, SE 18-1394
Representing the applicant were Deena Burrell from Aaberg Associates and Gary Worley. The proposed project is to construct a single family dwelling located 74 feet from the wetland. Grading for a lawn would be no closer than 50 feet to the wetlands. The project conforms to the regulations. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
CONT’D PH, DUXBURY CONSTRUCTION, 70 FAIRWAY LN., SE 18-1391
Since the DEP file number had been issued, the Commission voted on the project. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 68 FORDVILLE RD., SEPTIC, SE 18-1392
Representing the applicant was Freeman Boynton. The proposed project is a septic system replacement. The proposed location is as far from the wetlands as possible. Dr. Gill made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, GIACHETTO, DUXBURY ESTATES, SUMMER ST., DUX2007-01
Mr. Butcher recused himself from this public hearing. Representing the applicant were Chuck Giachetto and Rick Grady from Grady Consulting. Mr. R. Grady reported that the applicant had received verbal approval from MA Natural Heritage Endangered Species Program for the project. Dr. Gill made a motion that was seconded to issue Orders of Conditions with the understanding that any conditions place on the project by the Natural Heritage Endangered Species Act will become a part of the Orders of Conditions. The vote was 4 – in favor; 0 – opposed. Motion passed.
PM, EVANS, AQUACULTURE GRANT
Mr. Merry and Mr. Grady recused themselves from this public hearing. The applicant Peter Evans explained his aquaculture grant. It was noted that Division of Marine Fisheries requires there be no impact to existing razor clam beds. Dr. Gill made a motion that was seconded to issue a negative determination that a Notice of Intent is not required with the stipulation that the applicant comply with the Division of Marine Fisheries. The vote was 4 – in favor; 0 – opposed. Motion passed.
PH, HARRIS, 266 HARRISON STREET, DRAINAGE, SE 18-1393
The applicant, Anthony Harris was unable to attend the public hearing since he was out of the country. Cap Kane and John Bear were present to observe the proceedings for the applicant. Mr. Butcher voiced concern that the Notice of Intent application was inadequate and did not adequately address the Commission’s concerns with regards to correcting the wetland violation. Dr. Gill requested an accurate site plan stamped by a professional engineer. The Commission reviewed what the applicant needed: to remove the drain pipe from the wetlands and raise the pipe to surface grade level; determine the invert elevation; and develop a planting plan to restore the wetlands. Mr. Butcher asked that the applicant authorize in writing a representative that could work with the Conservation Administrator in order to
move the project forward. The applicant had requested a fee waiver, but the Commission took no action on that request. Mr. Butcher made a motion that was seconded to continue the public hearing to March 6, 2007 at 7:35 p.m. The vote was 4 – in favor; 1 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission reviewed expenditures from the Conservation Fund. Mr. Butcher made a motion that was seconded to approve the following open space plan expenditures from the Conservation Fund for a total of $7,850: survey mailing ($1,000), printing & typesetting ($1,350), maps ($4, 200), and layout ($1,300). The vote was 5 – in favor; 0 – opposed. Motion passed.
Mr. Butcher made a motion that was seconded to approve from the Conservation Fund the expenditure of $570.75 for Town Counsel legal services. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission reviewed requests for Certificates of Compliances. The Commission postponed action on the requests for SE 18-1341 and SE 18-1348 since as-built plans were not accurate. Mr. Butcher made a motion that was seconded to issue a Certificate of Compliances for SE 18-1365 (Plumfield Ln.) The vote was 5 – in favor; 0 – opposed. Motion passed.
Mr. Butcher made a motion that was seconded to issue a Certificate of Compliances for SE 18-1002 (Amado Way). The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission reviewed the minutes of the meetings for 8/22/06, 9/26/06, 10/10/06, and 10/24/06. The Commission postponed action on the meeting minutes of 8/22/06 for lack of a quorum.
Dr. Gill made a motion that was seconded to approve the minutes of the meeting on 9/26/06, as written. The vote was 5 – in favor; 0 – opposed. Motion passed.
Dr. Gill made a motion that was seconded to approve the minutes of the meeting on 10/10/06, as written. The vote was 5 – in favor; 0 – opposed. Motion passed.
Dr. Gill made a motion that was seconded to approve the minutes of the meeting on 10/24/06, as written. The vote was 4 – in favor; 0 – opposed; 1 abstention (Merry). Motion passed.
Meeting adjourned at 9:45 p.m.
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