The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, February 17, 2009 beginning at 7:00 p.m. Members present were Chairman Joseph Messina, Samuel Butcher, Thomas Gill, Barbara Kelley, and Holly Morris. Dianne Hearn and Corey Wisneski were absent. Also present was Joe Grady, Conservation Administrator.
PM, DUXBURY CONSTRUCTION, 2 WINDWARD WAY, ADDITION/DECK
Representing the applicant was Freeman Boynton. The proposed project is construction of a deck and addition located 92 feet from bordering vegetated wetlands. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the proposed project. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, LOJKO/DEMOS, AMEND OC, SE 18-1490, 80 & 84 MARSHALL ST.
Representing the applicant was Richard Johnson from Amory Engineers. Mr. Johnson explained the revisions to the site plan were as a result of an appeal by the abutter. The revisions included shifting the location of the pier, and changing configuration of the floats. Mr. Johnson also indicated that the applicants are working on a legal easement that will provide access of the pier to the abutter, Mr. Bazley. Ms. Morris noted that this is a unique situation that should not set precedent with regards to future projects. Mr. Butcher made a motion that was seconded to amend the Orders of Conditions for Se 18-1490 and to accept the revised plan. The vote was 4 – in favor; 0 – opposed; 1 – abstention (Messina). Motion passed.
PH, BOURGET, 110 GURNET RD., GARAGE, SE 18-1500
Representing the applicant were Susan Bourget and Craig Nealley. Ms. Bourget explained the project was to demolish the existing garage and build a 2-story garage with a room above. The proposed garage will be located farther from the salt marsh than the existing garage and will be constructed on pilings. Dr. Gill made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, MCCARTHY, 2 KING CAESAR RD., PIER, SE 18-1499
Representing the applicant were Freeman Boynton from Duxbury Construction LLC and Robert Crowell from Crowell Engineering. A revised plan was submitted that decreased the width of the walkway to 3.5’; changed the design of the handrail to aluminum; and realigned the float. Dell Mitchell from 29 Bay Pond Road recommended color for the handrail. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 266 ELM ST., ADDITION, SE 18-1502
Representing the applicant was Freeman Boynton. The proposed project is construction of an addition located 92 feet from bordering vegetated wetlands. The project conforms to the regulations. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 80 MARSHALL ST., ADDITION, SE 18-1501
Representing the applicant was Freeman Boynton. The proposed project is construction of an addition located 85 feet from wetlands. Mr. Butcher asked if the property owner would be cutting any trees to create a vista. Mr. Boynton indicated he would advise the property owner to contact the Commission before any tree cutting. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. The vote was 4 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 59 PILL HILL LN., AMEND OC, SE 18-1411
Representing the applicant was Freeman Boynton. Mr. Boynton indicated that the homeowner wanted to revise the project to maintain the existing 15% coverage. The proposed revisions included removing a section of the existing paved driveway and replace with grass; remove two patios; not build the proposed cabana; and install a turnaround in the driveway using pervious pavers. The Commission discussed installation of the pavers and requested that the applicant’s engineer certify the installation of the pavers. The Commission discussed the required maintenance of the pervious pavers. Mr. Grady recommended the applicant grade the turnaround and install a small berm in the lawn so water does not drain toward the wetlands. Mr. Butcher requested that installation of the pavers be the last part of the project
after the rest of the site is stabilized. Mr. Butcher made a motion that was seconded to accept the revised plan and to amend the Orders of Conditions for SE 18-1411. The vote was 5 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission reviewed a request for a Certificate of Compliances for SE 18-1485 (784 West St.). Dr. Gill made a motion that was seconded to issue Certificates of Compliances for SE 18-1485. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission reviewed a request for an Extension Permit for the aquatic weed treatment program at Lower Chandler Mill Pond (SE 18-1356). Ms. Morris made a motion that was seconded to issue an Extension Permit for the Orders of Conditions for SE 18-1356 for three years. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission discussed Annual Town Meeting articles. Dr. Gill made a motion that was seconded to endorse the proposed amendment to the Zoning Bylaw, section 610.4 (5) (d) as outlined in Article 43. The vote was 5 – in favor; 0 – opposed. Motion passed.
Dr. Gill made a motion that was seconded to endorse Article 10 for the continued use of the revolving fund for the Jaycox Tree Farm. The vote was 5 – in favor; 0 – opposed. Motion passed.
Ms. Kelley made a motion that was seconded to support Article 30 for the transfer of 12 town-owned parcels of salt marsh to the care and custody of the Conservation Commission. The vote was 5 – in favor; 0 – opposed. Motion passed.
Dr. Gill made a motion that was seconded to endorse Article 31 to adopt the provisions of M.G.L. Chapter 40 Section 21 D that allows the Town to utilize a non-criminal procedure for the disposition of violations of the Conservation Commission Rules and Relations for Use of town conservation lands. The vote was 5 – in favor; 0 – opposed. Motion passed.
Dr. Gill made a motion that was seconded to endorse Article 32 that grants the authority to the Town Manager to enter into a management agreement for up to ten years for the operations of the Cherry Lane Bog and Duxbury Bog. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission discussed Article 39 regarding amending the Zoning Bylaw for lot coverage in neighborhood business districts. Dr. Gill made a motion that was seconded to support Article 39 with the maximum site coverage at 80% of the total lot area. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission reviewed an invoice for printing costs of the Open Space Plan to be paid from the Conservation Fund. Dr. Gill made a motion that was seconded to approve the expenditure of $324 from the Conservation Fund for printing costs of the Open Space Plan. The vote was 5 – in favor; 0 – opposed. Motion passed.
The Commission reviewed the letter from the Duxbury Beach Reservation, Inc. regarding annual maintenance activities at Duxbury Beach.
Meeting adjourned at 8:25 p.m.
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