The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, September 23, 2008 beginning at 7:30 p.m. Members present were Chairman Joseph Messina, Dianne Hearn, Barbara Kelley, Holly Morris and Corey Wisneski. Samuel Butcher and Thomas Gill were absent. Joe Grady, Conservation Administrator was also present.
PH, DUXBURY CONSTRUCTION, AMEND OC SE 18-1411
Representing the applicant was Freeman Boynton. The proposed work includes construction of a pool cabana, a patio, retaining wall and replacement of the existing driveway with porous asphalt. Mr. Boynton submitted a revised plan as a result of a site meeting with the Conservation Administrator. The Commission reviewed the research information regarding porous asphalt and stormwater drainage. Mr. Boynton noted that the applicant is also replacing existing pavement with pervious asphalt on the portion of the driveway outside of the 100-foot buffer. It was noted that the porous asphalt needs to be maintained and can not be seal-coated. The Commission required the applicant to pay for a consultant to review the installation and maintenance plan for the porous asphalt driveway for 12 months to assure that the
porous asphalt is functioning properly. If the material is not working properly the applicant is required to replace the asphalt with another type of pervious material. Ms. Kelley questioned the need for an additional patio only 27 feet from the wetlands. The Commission had concern about runoff from the patio and required the applicant to install drainage infiltration system under the patio. Ms. Morris made a motion that was seconded to amend the Orders of Conditions for SE 18-1411 to allow construction of the pool cabana, patio and retaining wall and installation of the porous asphalt driveway subject to installation of the patio drainage system, payment of a consultant, and implementation of the maintenance program. The vote was 4 – in favor; 1 – opposed (Kelley). Motion passed.
PM, MAHONEY, 181 MARSHALL ST., PHRAGMITES
The applicant Mark Mahoney explained the project to control the phragmites. Aquatic Control Technology would apply a chemical treatment to the phragmites in the fall and then the reeds would be cut in the spring. Mr. Mahoney also had concern with phragmites spreading to where the trees were cut on the abutting property. Mr. Grady noted that part of the remedy to the wetland violation next doors would be a phragmites control program. Ms. Kelley made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the phragmites control program. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 321 KING CAESAR RD., GRADING, SE 18-1484
Representing the applicant was Freeman Boynton. The proposed project is to level a section of the existing lawn in the backyard and re-grade. Ms. Hearn made a motion to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, LOJKO, 84 MARSHALL ST., SE 18-1449
The applicant sent in a written request to withdraw the Notice of Intent for SE 18-1449 since a joint application was being filed for a shared pier with the abutter. Ms. Kelley made a motion that was seconded to accept the withdrawal of the Notice of Intent for a pier. The vote was 5 – in favor; 0 –opposed. Motion passed.
PH, SPOOR/LOJKO, 80/84 MARSHALL ST., SHARED PIER
Representing the applicant was Richard Johnson from Amory Engineers. Also present for the discussion were the property owners, Michael Spoor and Joseph Lojko. Mr. Johnson explained the proposed project which is to construct a shared pier along the property line. Mr. Grady explained that the two abutting properties had filed separate Notice of Intents (NOI) for individual piers and because of concern of proliferation of piers in the area the Conservation Commission had recommended the property owners consider a shared pier. It was noted that the Commission had a quorum issue with the previous NOI and had asked the applicants to file this new application. The DEP file number had not been issued yet for this Notice of Intent. The Commission asked that the new proposed plan be reviewed by the
Harbormaster and the Bay Management Commission. The Commission reviewed a letter dated 9/23/2008 from Attorney Paul Driscoll who is representing the abutter, Mr. Bazley. The letter identified the reasons why Mr. Bazley opposes the proposed location of the pier. Reasons included aesthetics and decrease of his property values as a result of an obstructed view of the bay. Mr. Bazley also spoke about his opposition in a letter dated 5/11/2008 and recommended an alternate location. Mr. Bazley asked that the Commission conduct a site visit and view the proposed pier location from his property. Mark Casey from South Shore Survey Consultants, Inc. also representing Mr. Bazley spoke on the importance of the Commission conducting a site inspection and questioned the status of the Land Court plan for the properties. Mr. Spoor responded to the concerns of the abutter and indicated the applicants felt that the proposed location along the property line would
be the best location. Mr. Lojko noted if the applicants had stayed with the original plan for two individual piers the location of the pier on his property would be in the general location as the shared pier location. The Commission planned a site visit. Ms. Morris made a motion that was seconded to continue the public hearing to October 7, 2008 at 8:25 p.m. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, WILLIAMS, 454 FRANKLIN ST., RESTORATION AND LIMIT OF USE PLAN
Representing the applicant were Rick Grady from Grady Consulting, Attorney Roberta Sawyer, Matthew Williams, and George Williams. This Notice of Intent was in response to an Enforcement Order for work within the wetlands and buffer to the wetlands without permits. Mr. R. Grady reported that he had met on site with the Conservation Administrator to review the concerns of the Conservation Commission. Rick Grady explained the proposed restoration plan. The Conservation Administrator recommended that Lenore White, consultant for the Commission on a previous application on this property, review the proposed plan. The applicant agreed. Frank Prosl of 474 Franklin Street reported another roadway to the site is being cleared. Mr. R. Grady asked permission of the Commission to cleanup a brush pile located in the outer
riparian zone. An abutter asked if the work activity could be restricted to normal working hours and not on weekends. The Commission agreed. No DEP file number had been issued. Ms. Morris made a motion that was seconded to continue the public hearing to October 21, 2008 at 7:35 p.m. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, COOKE, OCEAN AVE., COASTAL BANK RESTORATION, SE 18-1486
The applicant Mason Cooke explained the project which was to restore stone riprap along eroded coastal bank. Filter-fabricate and fill will be placed behind the stone wall and the top of the bank planted with rosa rugosa. All work will be done from the upland. 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, INTOCCIA, DUXBURY FARMS CORP., 30 SAW MILL RD.
No DEP file number had been issued. Ms. Kelley made a motion that was seconded to continue the public hearing to October 7, 2008 at 8:35 p.m.
ADMINISTRATIVE MATTERS
The Commission reviewed requests for Certificates of Compliances for SE 18-1418 (55 Union Bridge Rd.) and SE 18-1345 (408 Bay Rd.). Ms. Morris made a motion that was seconded to issue Certificates of Compliances for SE 18-1418. The vote was 5 – in favor; 0 – opposed. Motion passed.
Ms. Kelley made a motion that was seconded to issue Certificates of Compliances for SE 18-1345. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Conservation Administrator reported on a violation of the Orders of Conditions at 201 Marshall Street where the applicant exceeded the extent of vegetation cutting approved by the Commission. Ms. Morris made a motion that was seconded to reaffirm the issuance of an Enforcement Order. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Conservation Administrator asked for approval of expenditures from the Conservation Fund for $400 for property signs and $226 for repair of the department vehicle. Ms. Kelley made a motion that was seconded to approve the expenditure of $400 for signs and $226 for vehicle repair from the Conservation Fund. The vote was 5 – in favor; 0 – opposed. Motion passed.
Meeting adjourned at 9:45 p.m.
| 
