The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, October 30, 2007 beginning at 7:30 p.m. Members present were Chairman Joseph Messina, Thomas Gill, Barbara Kelley, Holly Morris, and Corey Wisneski. Samuel Butcher and Dianne Hearn were absent. Joe Grady, Conservation Administrator was also present.
CONT’D. PH, INDUSTRIAL TOWER, 454 FRANKLIN ST., SE 18-1440, DELINEATION
Representing the applicant was Rick Voci who submitted a revised plan. Mr. Grady had concern about the access roadway and asked the applicant to flag the wetlands along the roadway and to show the riverfront area. Mr. Grady reviewed photographs of the property that showed the access roadway to the back of the property to an existing staging area which is the proposed location for the cell tower. Mr. Grady questioned expansion of the staging area on to abutting town-owned property and asked that property lines be marked in the field. Mr. Voci commented that the applicant does not want to spend any more money on this site until the permitting process with the Zoning Board of Appeals has been completed. Mr. Voci noted the applicant recognizes a Notice of Intent application will need to be filed with the
Conservation Commission if the project goes forward and at that time the wetlands along the access road will be clearly defined. Mr. Voci asked the Commission at this time only to review the wetlands delineation in the vicinity of the proposed cell tower location. Several abutters, Frank Prosl, Marion O’Connor, and Jennifer Maas reported on increased activities at the site by a landscape contractor and that the access roadway has been widened. Mr. Messina indicated that use activities are zoning issues and not under the jurisdiction of the Commission; however, the Commission agreed to send a letter to the current property owner indicating concerns about work occurring in close proximity to wetlands. With regards to the plan being discussed at this public hearing, the applicant has two options: either to show all the wetland resources on the entire site or submit a new plan that shows only the immediate vicinity of the proposed cell tower site. The applicant requested a
continuation of the public hearing. Dr. Gill made a motion that was seconded to continue the public hearing to November 13, 2008 at 8:10 p.m. The vote was 5 – in favor; 0 – opposed.
CONT’D. PH, DUXBURY FARMS, FRANKLIN ST., SE 18-1446, RESTORATION PLAN
Mr. Messina recused himself from this public hearing; Dr. Gill was Acting Chairman. Representing the applicant was Jack O’Leary from Merrill Associates. Also present was Tom Sexton from Mainstream Engineering who was the Commission’s consultant for this project. Mr. Sexton discussed his review of the project in a letter dated 10/24/2007. The applicant submitted a revised plan, a planting plan and letter in response to Mr. Sexton’s letter. Since the new plans were just submitted the Commission requested a continuation of the hearing in order to review the revisions to the plan. Ms. Kelley made a motion that was seconded to continue the public hearing to November 13, 2007 at 8:20 p.m. The vote was 4 – in favor; 0 – opposed. Motion passed
CONT’D. PH, DUXBURY FARMS, LOT R, SAW MILL RD., SE 18-1445
Mr. Messina recused himself from this public hearing; Dr. Gill was Acting Chairman. Representing the applicant was Jack O’Leary from Merrill Associates. Also present was Tom Sexton from Mainstream Engineering. Mr. Sexton presented his recommendations for the project in a letter dated 10/24/2007. The applicant submitted a revised plan and letter in response to Mr. Sexton’s letter. Since the new plan was just submitted the Commission requested a continuation of the hearing in order to review the revisions to the plan. Ms. Kelley made a motion that was seconded to continue the public hearing to November 13, 2007 at 8:25 p.m. The vote was 4 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, DUXBURY FARMS, LOT S, SAW MILL RD., SE 18-1444
Mr. Messina recused himself from this public hearing; Dr. Gill was Acting Chairman. Representing the applicant was Jack O’Leary from Merrill Associates. Also present was Tom Sexton from Mainstream Engineering. Mr. Sexton presented his recommendations for the project in a letter dated 10/24/2007. The applicant submitted a revised plan and letter in response to Mr. Sexton’s letter. Since the new plan was just submitted the Commission requested a continuation of the hearing in order to review the revisions to the plan. Ms. Kelley made a motion that was seconded to continue the public hearing to November 13, 2007 at 8:30 p.m. The vote was 4 – in favor; 0 – opposed. Motion passed.
PH, HINCKLEY, 160 WASHINGTON ST., DELINEATION, SE 18-1450
Representing the applicant were Steven Chmiel and Shawn Dahlen. The purpose of this Abbreviated Notice of Resource Area Delineation (ANRAD) is to determine if the stream at 160 Washington Street was intermittent. The applicant filed an ANRAD in February 2006 that classified the stream as perennial; however based on new data collected this summer, the applicant is requesting the Commission classify the stream as intermittent. Mr. Grady noted that as of October 1, 2007 the State had issued a drought advisory for Duxbury and refers to Massachusetts Wetlands Act Regulations 310 CMR 10.58. Several abutters, Ed Thasher, James Lampert, and Jean Clark questioned the data and commented against classifying the stream as intermittent. Concerns included effects of upstream impoundments, drawdown, evaporation and seepage
loss, and debris in stream. The Commission recommended that a consultant for the Commission be hired to review the data and Mr. Dahlen agreed. Dr. Gill made a motion that was seconded to continue the public hearing to November 27, 2007 at 7:35 p.m. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, THAYER, 105 MARSHALL ST., SE 18-1451, ADDITION
The applicants, Marion and William Thayer were present for the discussion. The proposed project is construction of an addition located 90 feet from a coastal bank. The project conforms to the regulations. Dr. Gill made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 –opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 685 WASHINGTON ST., SITE WORK, SE 18-1453
Representing the applicant was Freeman Boynton. The proposed project was to slightly change the grade of the site around the dwelling as a result of elevating the dwelling out of the flood zone and to install a gravel driveway. Ms. Kelley made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 –opposed. Motion passed.
PM, LANDING BEACH AREA ASSOCIATION, LANDING RD., BEACH RESTORATION
Representing the applicant was Cubby Fitts. The proposed project is to restore the Landing Road beach. Work included replacement of the retaining wall and replenishing sand on the beach. The Commission directed the applicant to send written notice with the specifics of the work being performed to the Conservation Administrator and to meet with the Conservation Administrator on site, prior to commencing any work. Dr. Gill made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the maintenance project will the stipulation that the Conservation Administrator be contacted prior to commencement of work. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 341 KING CAESAR RD., POOL, SE 18-1452
Mr. Messina recused himself from this public hearing; Dr. Gill was Acting Chairman. Representing the applicant were Emmett Sheehan and Freeman Boynton. The proposed project is to remove the existing tennis court and construct a pool, pool house, and garage. The project conforms to the regulations. Ms. Kelley made a motion that was seconded to issue Orders of Conditions. The vote was 4 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission reviewed requests for Certificates of Compliances for SE 18-1311 (226 Bay Rd.), SE 18-1242 (68 Goose Point Ln.) and SE 18-1340 (36 Landing Rd.) Ms. Morris made a motion that was seconded to issue a Certificate of Compliances For SE 18-1311. The vote was 5 – in favor; 0 – opposed. Motion passed.
Ms. Kelley made a motion that was seconded to issue a Certificate of Compliances for SE 18-1242. The vote was 5 – in favor; 0 – opposed. Motion passed.
Ms. Morris made a motion that was seconded to issue a Certificate of Compliances for SE 18-1340. The vote was 5 – in favor; 0 –opposed. Motion passed.
The Commission discussed cutting of vegetation in the buffer to bordering vegetated wetlands and indicated that the Conservation Administrator should direct the applicant to file a Notice of Intent otherwise an enforcement order would be issued.
The Commission discussed the addition of a float by the Harbormaster at the Bluefish River Town Landing.
Meeting adjourned at 10:30 p.m.
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