The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, September 9, 2008 beginning at 7:30 p.m. Members present were Chairman Joseph Messina, Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley Holly Morris and Corey Wisneski. Joe Grady, Conservation Administrator was also present.
JAYCOX TREE FARM – HUNTING
Phil Benjamin, the forester who manages the tree farm was present for the discussion. Mr. Benjamin explained that may of the trees were being damaged by deer and asked if the Commission would consider allowing bow hunting on a controlled basis to help alleviate the pest problem. The Commission required a limited number of hunters; hunters register and get permission from the Conservation Administrator; and the abutters be notified. Dr. Gill made a motion that was seconded to allow bow hunting at the Jaycox Tree Farm at the discretion and direction of the Mr. Benjamin and the Conservation Administrator. The vote was 7 – in favor; 0 –opposed. Motion passed.
PH, INTOCCIA, DUXBURY FARMS CORP., 30 SAW MILL RD., S.F. DWELLING
Representing the applicant was Bob Palini from Merrill Associates. The proposed project is construction of a single family dwelling in the buffer to a cranberry bog. It was noted that this project is part of a comprehensive permit where the Zoning Board of Appeals has waived many of the local regulations. The Commission recommended that the applicant try to keep the dwelling and septic system as far from the bog as possible. Mr. Butcher had concern with the changes in slope and noted the applicant should try to achieve a vegetated barrier between the dwelling and the bog. The abutter and bog farmer, Edward Koplovsky had concerns with regards to the proposed septic system and activities at the bog. No DEP file number had been issued. Dr. Gill made a motion that was seconded to continue the public
hearing to September 23, 2008 at 8:35 p.m. the vote was 6 – in favor; 0 – opposed; 1 – abstention (Gill). Motion passed.
PH, BENTINCK-SMITH, 192 POWDER POINT AVE., PIER, SE 18-1482
Representing the applicant was Paul Brogna from Seacoast Engineering Co. Mr. Brogna explained the project which is construction of a pier from the coastal bank over salt marsh. The Commission reviewed letters from Division of Marine Fisheries from MA Natural Heritage and Endangered Species Program, and the Harbormaster. Ms. Wisneski noted the Harbormaster asked that the dimensions of the pier and float be decreased. The Commission has yet to receive the review letter from the Duxbury Bay Management Commission. Dr. Gill made a motion that was seconded to continue the public hearing to October 7, 2008 at 7:35 p.m.
CONT’D PH, LOJKO, 84 MARSHALL ST., SE 18-1449
CONT’D. PH, SPOOR, 80 MARSHALL ST., SE 18-1472
It was reported that because of quorum issues, the applicants would be withdrawing these Notices of Intents and filing a new Notice of Intent for a shared pier. The Commission reviewed a letter from Mr. Spoor withdrawing the Notice of Intent for SE 18-1472. The Commission had not received a letter from the Lojkos regarding a withdrawal. Dr. Gill made a motion that was seconded to accept the withdrawal letter from the Spoors for SE 18-1472. the vote was 7 – in favor; 0 – opposed. Motion passed.
Dr. Gill made a motion that was seconded to continue the public hearing for SE 18-1449 to September 23, 2008 at 8:04 p.m. The vote was 7 – in favor; 0 – opposed. Motion passed.
CONSERVATION RESTRICTION, CEDAR HILL
Patricia Loring reports that the Wildlands Trust of Southeastern Massachusetts has negotiated a conservation restriction for the Cedar Hill property off Crescent Street. Dr. Gill made a motion that was seconded that the Conservation Commission approves the conservation restriction for the Cedar Hill property that was negotiated between the Wildlands Trust and the property owner. The vote was 7 – in favor; 0 – opposed. Motion passed.
PH, MCKIM, 100 HERITAGE LN., ADDITION, SE 18-1483
Representing the applicant were Al Vautrinot from Vautrinot Land Surveying and Ken McKim. The proposed project is site work and construction of an addition located 83 feet from an isolated land subject to flooding. The limit of work was established 30 feet from the resource area. Project conforms to the regulations. Dr. Gill made a motion that was seconded to issue Orders of Conditions. The vote was 7 – in favor; 0 – opposed. Motion passed.
CONT’D PH, PINEAU, 67 HARDEN HILL, SE 18-1476
Representing the applicant was Paul Brogna from Seacoast Engineering Co. and Donna Pineau. The Commission reviewed a letter from Mr. Brogna dated 8/11/2008 regarding exploration of the existing bulkhead. Mr. Brogna submitted a letter from Paul Shea, Wetland Scientist dated 9/4/2008 that detailed the removal of the bulkhead and restoration of the salt marsh. Access for bulkhead removal will be from the existing ramp. If fill is necessary, it is to be compatible with existing material. Mr. Grady recommended that construction fence be installed on either side of the bulkhead and serve as the limit of work line. Dr. Gill made a motion that was seconded to issue Orders of Conditions for the removal of the bulkhead and construction of a new pier in the same location. The vote was 7 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, ROGERSON, 90 MARSHALL ST., SE 18-1477
Representing the applicant were Paul Brogna from Seacoast Engineering Co. and Cathy Rogerson. The applicant submitted a revised plan dated 8/11/2008 that downsized the proposed pier. Mr. Butcher noted this location is more sensitive than other areas and reiterated his concerns with regards to aesthetics, recreation, navigation, waterfowl, and wildlife habitat. Ms. Hearn made a motion that was seconded to issue Orders of Conditions. The vote was 6 – in favor; 1- opposed (Butcher). Motion passed.
PH, DUXBURY CONSTRUCTION LLC, 784 WEST ST., DRIVEWAY, SE 18-1485
Representing the applicant was Freeman Boynton. The proposed project is to relocate the gravel driveway farther from the wetlands. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. The vote was 7 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission reviewed a request from Paul Bruce to harvest the cranberries at the Birch St. Bog. The Conservation Administrator reported in 1998 the Commission sent a letter to Mr. Bruce indicating the land was to be used for passive recreation only and that Mr. Bruce could not harvest the cranberries commercially. The Commission directed the Conservation Administrator to send Mr. Bruce a letter that the property is to be for passive recreation only and the Commission is not interested in allowing Mr. Bruce to harvest the cranberries.
The Commission reviewed the draft minutes of the meeting on 4/15/2008. Dr. Gill made a motion that was seconded to approve the minutes of the meeting on 4/15/2008 as presented. The vote was 5 – in favor; 0 – opposed; 2 – abstentions (Butcher, Wisneski). Motion passed.
The Commission reviewed requests for Certificates s of Compliances for SE 18-1292, SE 18-1187, SE 18-1294, and SE 18-1385. Dr. Gill made a motion to issue Certificates of Compliances for SE 18-1292 and SE 18-1187 (192 Powder Point Ave.). The vote was 7 – in favor; 0 – opposed. Motion passed.
The Conservation Administrator reported minor revisions to the pier at 298 Powder Point Ave, but recommended issuance of a Certificate of Compliance. Dr. Gill made a motion that was seconded to issue a Certificate of Compliances for SE 18-1294. The vote was 7 – in favor; 0 – opposed. Motion passed.
Ms. Hearn made a motion that was seconded to issue a Certificate of Compliance for SE 18-1385 (153 Island Creek Road). The vote was 7 – in favor; 0 – opposed. Motion passed.
The Conservation Administrator requested approval for the following expenditures from the Conservation Fund: mowing of Swanson Field ($167); signs($800); and materials for signs ($378.54). Mr. Butcher made a motion that was seconded to approve the above-mentioned expenditures from the Conservation Fund for a total amount of $1,345.54. the vote was 7 – in favor; 0 – opposed. Motion passed.
Meeting adjourned at 9:30 p.m.
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