The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, April 7, 2009 beginning at 7:00 p.m. Members present were Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley, Holly Morris and Corey Wisneski. Chairman Joseph Messina was absent. Dr. Gill was Acting Chairman. Also present was Joe Grady, Conservation Administrator.
CONT’D. PH, DEADY, 40 OCEAN RD. NORTH, SE 18-1480
Representing the applicant were Joe Deady, Attorney Robert Galvin, Stanley Humphries from LEC, and Mark Stevenson from Offshore Marine. Mr. Humphries reviewed a letter from Applied Technology & Management (ATM) dated March 30, 2009 regarding water flow velocities and coastal flow impact on the existing driveway. Mr. Stevenson described the condition of the existing railroad tie wall and proposed construction. The Commission questioned elevations and indicated the applicant needed to show on a plan exactly what is being proposed. Mr. Butcher noted that the existing retaining wall and driveway were put in without a permit and probably would not have been permitted by the Commission if the applicant had followed the proper procedures and filed an application prior to doing the work. Mr. Butcher indicated in
order for the Commission to approve a proposed project the applicant must show that the proposed work meets the regulations and performance standards of both the MA Wetlands Protection Act and Town Wetlands Bylaw and that there are no impacts to the abutting property. The Commission suggested to the applicant that the starting point for design of his project be as if there was no driveway. The Commission directed the applicant to submit a detailed site plan of the proposed elevations. Mr. Grady advised the applicant that the revised plans need to be submitted to the Conservation Office one week prior to the continued public hearing. An abutter, Mrs. Janice Burns, from 36 Ocean Rd. North, reiterated her concerns about the project in a letter dated April 1, 2009 and how the procedures have dragged on for over a year. Dr. Gill advised the Commission that he would like a final vote on the project at the next hearing and have no further continuation.
Mr. Butcher made a motion that was seconded to continue the public hearing to May 19, 2009 at 7:05 p.m. at which time the applicant is to have submitted a revised plan showing all the details of the proposed project and how it meets the performance standards of the Commission. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, DBR, INC. AMEND ORDER OF CONDITIONS, SE 18-1470, GUARD SHACK
Representing the applicant were Margaret Kearney and Alan Vautrinot from Vautrinot Land Surveying. The applicant requested to amend the Orders to replace/reconstruct the existing guard shack in the same footprint rather than construct proposed wildlife education center. Proposed work also included port-a-potties, underground utilities to the shack, and signs. Mr. Butcher made a motion that was seconded to accept the revised plan and amend the Orders of Conditions. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, INDUSTRIAL TOWER & WIRELESS, 454 FRANKLIN ST., MONOPINE TOWER,
SE 18-1503
Representing the applicant were John Champ, Rick Voci and Donald Cody. Also present was Lenore White from Wetlands Strategies who was the Commission’s consultant on this project as well as the Notice of Intent application previously filed by the owner’s of the property for the limit of use proposal. A revised plan for the monopine was submitted that relocated the proposed propane tanks out of the riverfront area. Mr. Grady gave background history of the proposal and site and indicated that Lenore White had reviewed the current proposed project. The Commission noted that the existing Orders of Conditions (SE 18-1488) on the property need to be completed before a new project begins. The applicant also submitted plans for a temporary structure at the stream crossing while construction equipment and
materials are being brought to the site. Mr. Grady asked if the applicant would crush and fill the existing root cellar and the applicant agreed. Several abutters were concerns about what would happened to the remainder of the property and asked whether Mr. Cody had any plans for development. Marion O’Connor of 452 Franklin Street had concerns about the existing culvert and flooding issues on her property. Mr. Grady indicated the elevation of the existing roadway can not be changed and if the existing culvert needed to be replaced then the applicant would have to file a new Notice of Intent for any work on the culvert. Mr. Butcher made a motion that was seconded to issue Orders of Conditions for the monopine tower project, including the filling-in of the root cellar. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, ISLAND CREEK VILLAGE NORTH, 30 TREMONT ST., SE 18-1504, DELINEATION
Representing the applicant were Thomas Duggan and Paul Brogna from Seacoast Engineering Co. The proposed application is to determine the wetland resources areas. Mr. Grady had reviewed the wetland flagging and questioned the wetlands line on the north side of the property. Mr. Brogna will meet onsite with the Conservation Administrator to further review the location of the wetlands to the north. Mr. Butcher made a motion that was seconded to continue the public hearing to April 21, 2009 at 7:35 p.m. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, MASS. HIGHWAY DEPT., ROUTES 3A & 53, VEGETATION REMOVAL
Representing the applicant was Thomas McGuire, District 5 Environmental Engineer. The proposed project is to remove dead trees and limbs for public safety reasons in the right-of-ways of Routes 3A and 53. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION LLC, 48 SEABURY POINT RD., SEPTIC, SE 18-1505
Representing the applicant was Freeman Boynton. The proposed project is a septic system upgrade. The proposed location is the best location for the site. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, MCCORMICK, AQUACULTURE GRANT
Mr. Grady recused from this public meeting. The applicant, William McCormick explained his aquaculture grant, west of Goose Flat in Duxbury Bay. Ms. Kelley made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, BAY FARM CONDO. ASSOC., OFF BAY FARM RD., AQUATIC WEED TREATMENT
Representing the applicant was Dominic Meringolo from Aquatic Control Technology, Inc. Mr. Meringolo explained the project was a continuation of the annual aquatic weed control treatment program in the pond that began in 1999. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The vote was 6 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission reviewed a request for a Certificate of Compliance for SE 18-969 (160 Powder Point Ave). Ms. Kelley made a motion that was seconded to issue Certificates of Compliances for SE 18-969. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed requests for extension permits for SE 18-1315 (Duxbury Farms) and SE 18-1199 (111 Bolas Rd.). Ms. Kelley made a motion that was seconded to issue a 3-year extension permit for SE 18-1315. The vote was 6 – in favor; 0 – opposed. Motion passed.
Ms. Kelley made a motion that was seconded to issue a 3-year extension permit for SE 18-1199. The vote was 6 – in favor; 0 – opposed. Motion passed.
Ms. Kelley made a motion that was seconded to pay from the Conservation Fund $415.00 for the title report on the Goodrich property. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed the minutes of the meetings on 11/18/2008; 12/2/2008; and 12/16/2008. Ms. Kelley made a motion that was seconded to approve the minutes of the meeting on 11/18/2008, as drafted. The vote was 6 – in favor; 0 – opposed. Motion passed.
A typographical error was noted on the bottom of page one of the 12/2/2008 minutes. Ms. Kelley made a motion that was seconded to approve the minutes of the meeting on 12/2/2008 as corrected. The vote was 5 – in favor; 0 – opposed; 1 abstention (Butcher). Motion passed.
Mr. Butcher made a motion that was seconded to approve the minutes of the meeting on 12/16/2008 as drafted. The vote was 5 – in favor; 0 – opposed; 1 – abstention (Morris). Motion passed.
Meeting adjourned at 9:30 p.m.
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