The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, May 19, 2009 beginning at 7:00 p.m. Members present were Chairman Joseph Messina, Samuel Butcher, Dianne Hearn, Barbara Kelley, Holly Morris and Corey Wisneski. Thomas Gill was absent. Also present was Joe Grady, Conservation Administrator.
STRIEBEL CONSERVATION RESTRICTION
Pat Loring explained the conservation restriction for the Striebel property off Dingley Dell Lane. The Commission signed the document.
CONT’D. PH, DEADY, 40 OCEAN RD., NORTH, SE 18-1480
Representing the applicant were Joseph Deady, Attorney Robert Galvin, Patrick Brennan, P.E., and Mark Stevenson from Offshore Marine Inc. Mr. Stevenson described the construction process to relocate the southern retaining wall. Mr. Brennan reviewed the rainwater calculations. Mr. Messina reminded the applicant that the Commission had to review the project from the start as if there was no driveway there and noted there was no discussion of the effect of fill and the proposed driveway surface as to how it will effect wave refraction and wave energy in an AO zone. The Commission questioned the rainwater calculations and why the abutter’s property was included in the calculations. The Commission questioned the accuracy of the information presented by the applicant and the relevance of a rainwater flood
scenario. Mr. Butcher asked why the applicant provided no further ocean floodwater calculations since photographs submitted at an earlier hearing show storm surge. Mr. Butcher noted that based on recollection the calculations provided by the applicant at earlier hearings were based on ocean floodwaters moving at 3”/second which the Commission did not agree with. Mr. Brennan later said that wave velocity is likely closer to 3’/second and Mr. Butcher agreed. Mr. Butcher asked if replacing the existing gravel surface with pervious pavers would allow the driveway to erode or migrate as required for a barrier beach. The applicant indicated the structure was designed not to move. Mr. Grady identified the resource areas (barrier beach, coastal dune, and land subject to coastal storm flowage) and performance standards under both the Town’s Wetlands Bylaw and MA Wetlands Protection Act that the applicant had to meet. The Commission felt
it had not received any new accurate or relevant information from the applicant. Attorney, Shawn McCormick, representing the abutters Michael and Janice Burns, reported on the encroachment of the retaining wall and driveway on the abutter’s property. Ms. Wisneski made a motion that was seconded to issue Orders of Conditions for the elevated driveway and retaining wall. The vote was 1 – in favor; 5 – opposed. Motion failed. The Commission discussed issuing an Enforcement Order for the work that was previously done without a wetland permit from the Commission. Ms. Morris made a motion that was seconded to issue an Enforcement Order that would require the applicant to lower the existing driveway by 18 inches and to remove that portion of the driveway and retaining wall that encroaches on the abutting property within 60 days. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, DUXBURY CONSTRUCTION LLC, 126 KING CAESAR RD., BEACH NOURISHMENT
Representing the applicant were Freeman Boynton and Emmett Sheehan. Mr. Boynton described the proposed project which is to truck in similar- grain-size sand for beach nourishment. Approximately 100-200 yards will be deposited on the beach. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the beach nourishment project. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, DUXBURY CONSTRUCTION LLC, 321 CONGRESS ST., SEPTIC
Representing the applicant was Freeman Boynton. The proposed project is to upgrade a failed septic system. The only work within the 100-foot buffer to bordering vegetated wetlands is installation of the septic tank. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for installation of the septic tank. The vote was 6 – in favor; 0 – opposed. Motion passed.
PM, HALL, 55 PILGRIM BYWAY, POOL
The applicant, Jeff Hall described the proposed project which was to install an above-ground pool in the buffer to bordering vegetated wetlands. The Commission required that no water drain into the wetlands. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the pool project. The vote was 6 – in favor; 0 – opposed. Motion passed.
EXECUTIVE SESSION – POTENTIAL LAND ACQUISTIONS
At 8:15 p.m. Ms. Kelley made a motion that was seconded by Ms. Hearn 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: 6– in favor; 0 – opposed. Motion passed.
At 8:25 p.m. Ms. Kelley made a motion that was seconded by Ms. Hearn.
Motion: to reconvene into open session.
Vote: A roll call vote was taken: 6 – in favor; 0 – opposed. Motion passed.
ADMINISTRATIVE MATTERS
The Commission reviewed the draft minutes of the meeting on 4/21/2009. Ms. Kelley made a motion that was seconded to approve the minutes of the meeting on 4/21/2009 as drafted. The vote was 4 – in favor; 0 – opposed; 2 abstentions (Butcher, Messina). Motion passed.
The Conservation Administrator reported that Sustainable Duxbury is considering Delano Farms property as a possible site for a community garden. The Commission was interested in the site, but advised that notification to abutters and a public hearing be held prior to any decisions being made.
Meeting adjourned at 8:30 p.m.
| 
