The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, July 22, 2008 beginning at 7:30 p.m. Members present were Chairman Joseph Messina, Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley and Holly Morris. Corey Wisneski was absent. Joe Grady, Conservation Administrator was also present.
CONT’D. PH, INDUSTRIAL TOWER, 454 FRANKLIN ST., SE 18-1467
Representing the applicant was Ric Vocci. Also present was the Commission’s consultant, Lenore White from Wetlands Strategies. Mr. Vocci reported that the applicant had sent a certified letter to the property owner regarding resolving the issues related to the enforcement order but had no response from the owner. Ms. White recommended the Commission deny the project without prejudice for lack of information as outlined in her report dated 6/16/2008. Ms. White reported that she filed a rare species observation report for the box turtle to the Natural Heritage and Endangered Species Program. Mr. Butcher made a motion that was seconded to deny the project without prejudice for lack of information. The vote was 6 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, PINEAU, 67 HARDEN HILL, SE 18-1476
Representing the applicant were Bob and Donna Pineau and Paul Brogna from Seacoast Engineering Co. Mr. Brogna submitted a written response to the letters from the Duxbury Bay Management Commission, Harbormaster and Division of Marine Fisheries and a copy of the Chapter 91 license for the concrete bulkhead. Mr. Grady noted that salt marsh is growing on either side of the bulkhead and asked for more detail regarding removal of the bulkhead and restoration of the area where the bulkhead is located. Information included volume of the existing bulkhead, amount and composition of fill to be brought in, and access and removal techniques. The Commission discussed allowing the applicant to do test borings by hand to determine the magnitude of the bulkhead removal project. Other issues discussed were proximity to
the Harden Hill town landing, use of the landing by swimmers, and aesthetics. Mr. Grady questioned the location of the property lines and whether the property lines extend to mean low water and asked for copy of the deed for the property. Mr. Butcher made a motion that was seconded to continue the public hearing to August 19, 2008 at 8:25 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, CRAFFEY, 59 PILL HILL LN., WETLAND RESTORATION/ENHANCEMENT, SE 18-1478
Representing the applicant were Kevin Craffey and Landscape Architect Mark Kopchell. Mr. Kopchell explained the project which is to restore a wetland area with native indigenous plantings and create an educational walking trail. Also included on the plan was a proposed pool cabana. Mr. Grady noted that the applicant needs to show the coverage percentage for the 100-foot buffer with the cabana. It was decided that the pool cabana would be removed from this Notice of Intent and instead be included with the applicant’s filing for an Amended Order of Conditions for SE 18-1411. Mr. Butcher made a motion that was seconded to issue Orders of Conditions for the wetland restoration and enhancement project. The vote was 6 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, ROGERSON, 90 MARSHALL ST., PIER, SE 18-1477
Representing the applicant was Paul Brogna from Seacoast Engineering Co. Mr. Brogna submitted a letter in response to the reviews by Duxbury Bay Management Commission, the Harbormaster, and Division of Marine Fisheries. A revised plan of the pier was submitted. A letter from the property owners dated 7/21/2008 was also submitted. Mr. Messina noted concerns with regards to navigation, aesthetics and proximity to the Marshall Street Bridge where swimmers go. Mr. Butcher indicated his concerns which included safety, navigation, limiting recreation use by the public; concentrated effect of prop wash pollutants, and prop dredging of the resource area. Other Commissioners had the same concerns and also raised issue with damage to the salt marsh by boats turning around in the area; and changing tidal currents as a
result of the new pier structure. It was noted that the float would be grounded 3 hours after high tides. Mr. Grady questioned the location of the property lines and commented nothing on the plan shows that the owners own out to mean low water. The Commission asked for proof that the owner owns the tidal flats where the float is proposed. Mr. Brogna requested a continuation of the public hearing in order for the property owners to be present. Ms. Kelley made a motion that was seconded to continue the public hearing to August 19, 2008 at 8:35 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 67 ELDER BREWSTER RD., SEPTIC, SE 18-1479
Representing the applicant was Freeman Boynton. The proposed project is a septic system reconstruction. The property will have a deed restriction for 3 bedrooms as required by the Board of Health. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, WAREHAM, 409 CHANDLER ST., DECK
The applicant was not present. Mr. Grady explained the project which was reconstruction of a deck with a sunroom. Mr. Grady reported there may be a coverage issue since the existing deck is 22’ x 12’ and the proposed project is 24’ x 12’. The Commission agreed to permit reconstruction in the same footprint as the existing deck. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required provided the reconstruction occurred within the existing 22’ x 12’ footprint. The vote was 6 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Conservation Administrator reported that the property owner at 454 Franklin Street has failed to respond to the enforcement order issued in April 2008 which required Mr. Williams to file a Notice of Intent for work performed in the wetlands and buffer to wetlands without a permit before May 30, 2008. Dr. Gill made a motion that was seconded to refer the matter of the enforcement order to Town Counsel. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed the draft minutes of the meetings for 3/18/2008, 4/29/2008 and 5/13/2008. Dr. Gill made a motion that was seconded to approve the minutes of the meeting for 3/18/2008 as presented. The vote was 5 – in favor; 0 – opposed; 1 – abstention (Messina). Motion passed.
Ms. Kelley made a motion that was seconded to approve the minutes of the meeting on 4/29/2008 as presented. The vote was 4 – in favor; 0 – opposed; 2 – abstentions (Messina, Gill). Motion passed.
Dr. Gill made a motion that was seconded to approve the minutes of the meeting on 5/13/2008 as presented. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed requests for Certificates of Compliances for SE 18-1292 (192 Powder Point Ave.), SE 18-1294 (298 Powder Point Ave.), SE 18-1283 (154 Marshall St.), and SE 18-1347 (27 Beechwood). The Commission postponed action on SE 18-1292 and SE 18-1294 since the Conservation Administrator had not completed his site inspections. Mr. Grady made a recommendation to issue the Certificates of Compliance for SE 18-1283. Ms. Kelley made a motion that was seconded to issue the Certificates of Compliance for SE 18-1283. The vote was 6 – in favor; 0 – opposed. Motion passed.
Mr. Grady reported he could not recommend issuance of a Certificate of Compliance for SE 18-1347 since the dimensions of the structure as shown on the as-built plan does not conform to the dimensions of the structure he measured during the site inspection. The Commission postponed action and asked the applicant’s engineer (Mr. Brogna) and the builder to explain why the structure was not constructed in accordance to the approved plan in the Orders of Conditions.
The Commission approved the expenditure of $157.67 from the Conservation Fund for repair of the Department’s truck.
Meeting adjourned at 10:20 p.m.
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