The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, August 19, 2008 beginning at 7:30 p.m. Members present were Samuel Butcher, Thomas Gill, Barbara Kelley and Corey Wisneski. Chairman Joseph Messina, Dianne Hearn, and Holly Morris were absent. Dr. Gill was Acting Chairman. Joe Grady, Conservation Administrator was also present.
CONT’D. PH, KENNEY-PIERCE, 114 ALDEN ST., SE 18-1458
Representing the applicant were MJ Kenney-Pierce and Charles Pierce. The applicant submitted a planting plan and indicated that the brush cleaning will be down when the ground is frozen and the plantings done in the spring. The Commission noted that no new lawn is permitted within 25 feet of the wetlands. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. The vote was 4 – in favor; 0 opposed. Motion passed.
CONT’D. PH, LOJKO, 84 MARSHALL ST., SE 18-1449
CONT’D. PH, SPOOR, 80 MARSHALL ST., SE 18-1472
The Acting Chairman, Dr. Gill reported that there is no quorum since presently only three of the Commissioners are familiar with the case and recommended taking no testimony and continuing the public hearings until the full Commission is present. Ms. Kelley made a motion that was seconded to continue the public hearings for SE 18-1449 and SE 18-1472 to September 9, 2008 at 7:55 p.m. The vote was 4 – in favor; 0 – opposed. Motion passed.
EXECUTIVE SESSION (LAND ACQUISITION)
At 7:55 p.m. Ms. Kelley made a motion that was seconded by Mr. Butcher to go into executive session.
Motion: to go into executive session to consider the taking, purchase, exchange, lease or value of real property which, if discussed outside of this session could have a detrimental effect on the negotiating position of the governing body.
Vote: A roll call vote was taken: 4– in favor; 0 – opposed. Motion passed.
At 8:05 p.m. Ms. Kelley made a motion that was seconded by Mr. Butcher.
Motion: to reconvene into open session.
Vote: A roll call vote was taken: 4 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, AMEND OC, SE 18-1411, 59 PILL HILL LN.
Representing the applicant was Freeman Boynton. The applicant requested a continuation of the public hearing in order to revise the plan. It was noted that the public hearing would need to be re-advertised to identify correctly all the proposed activities. Mr. Butcher made a motion that was seconded to continue the public hearing to September 23, 2008 at 7:35 p.m. The vote was 4 – in favor; 0 – opposed. Motion passed.
PM, WHITE, AQUACULTURE GRANT
The applicant, Charles White explained the project, which was an aquaculture grant for oysters. He indicated that he had another location but because of existing razor clams the State had required that the location be moved. Ms. Kelley made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The vote was 4 – in favor; 0 – opposed. Motion passed.
PH, DEADY, 40 OCEAN RD. NORTH, SE 18-1480, RETAINING WALL, FILL
Representing the applicant were Joseph Deady and Attorney Robert Galvin. This Notice of Intent was filed after the fact; the work was done without a permit from the Conservation Commission. The work done was construction of a retaining wall and fill to raise the grade of the driveway in order to direct stormwater back into the street, away from the dwelling. Mr. Grady explained the history of the project and noted the site is located on a barrier beach. Abutters Janice and Michael Burns objected to the project in that the elevated driveway would accelerate stormwater toward their property and cause more damage to their property. The Commission requested that the applicant submit a plan drawn by an engineer/ land surveyor that shows the changes in elevations with the raised driveway, property lines and detailed
information that discusses the effects of wave action across the barrier beach and how the proposed solution meets the performance standards and regulations for work on a barrier beach. The applicant requested a continuation of the public hearing to December. Mr. Butcher made a motion that was seconded to continue the public hearing to December 2, 2008 at 7:35 p.m. The vote was 4 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, PINEAU, 67 HARDEN HILL, SE 18-1476
Dr. Gill reported that there is no quorum since presently only three of the Commissioners are familiar with the case and recommended taking no testimony and continuing the public hearing until the full Commission is present. Ms. Kelley made a motion that was seconded to continue the public hearing to September 9, 2008 at 8:10 p.m. The vote was 4 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, ROGERSON, 90 MARSHALL ST., SE 18-1477
The applicant requested a continuation of the public hearing. Mr. Butcher made a motion that was seconded to continue the public hearing to September 9, 2008 at 8:20 p.m. The vote was 4 – in favor; 0 –opposed. Motion passed.
PH, MACKINNON, 6 BARN SWALLOW LN., ADDITION, SE 18-1481
Representing the applicant was Paul Brogna from Seacoast Engineering Co. The proposed project is replacement of the existing sunroom with a two-story addition. There will be no net gain in coverage. Mr. Butcher 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 the draft minutes of meetings. Mr. Butcher made a motion that was seconded to approve the minutes of the meeting on 6/10/2008, as presented. The vote was 3 – in favor; 0 – opposed; 1 – abstention (Wisneski). Motion passed.
Ms. Kelley made a motion that was seconded to approve the minutes of the meeting on 6/24/2008, as presented. The vote was 3 – in favor; 0 – opposed; 1 – abstention (Wisneski). Motion passed.
Ms. Kelley made a motion that was seconded to approve the minutes of the meeting on 7/8/2008, as presented. The vote was 3 – in favor; 0 –opposed; 1 – abstention (Wisneski). Motion passed.
Mr. Butcher made a motion that was seconded to approve the minutes of the meeting on 7/22/2008, as presented. The vote was 3 – in favor; 0 –opposed; 1 - abstention. Motion passed.
The Commission reviewed a request to purchase staff tee-shirts from the Conservation Fund. Mr. Butcher made a motion that was seconded to approve the expenditure of $131.88 from the Conservation Fund for the purchase of tee-shirts. The vote was 4 – in favor; 0 – opposed. Motion passed.
The Commission postponed action on the requests for Certificates of Compliances since the Conservation Administrator had not completed the site inspections.
Meeting adjourned at 9:00 p.m.
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