The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, January 5, 2010 beginning at 7:00 p.m. Members present included Chairman Joseph Messina, Samuel Butcher, Thomas Gill, Barbara Kelley, Holly Morris, and Corey Wisneski. Dianne Hearn was absent. Also present was the Conservation Administrator Joe Grady.
COMMUNITY GARDEN DISCUSSION
Present for the discussion was Karen Grey from Wildlands Trust; Orie Fontaine and Jeff Chandler from Agricultural Commission; and James Savicki from Sustainable Duxbury. Mr. Grady started the discussion with a history of the proposal from Sustainable Duxbury for a community garden on town-owned land. Ms. Grey reported on the pros and cons of their first year operation of a community garden and noted that there needs to be an overseer for the garden. Ms. Grey reported that the Wildlands Trust will continue the program next year and that there was still space available for interested gardeners. Mr. Messina indicated that if the Town provides land for a community garden there is no staff or funding available in the Conservation Department’s budget to oversee the project. If Sustainable Duxbury was still
interested in a community garden on town property, the Commission directed them to develop a management plan that would address budget issues and overseer responsibility. For the upcoming year, it was recommended that Sustainable Duxbury consider partnering with the Wildlands Trust and if the program was successful and demand for space exceeds the capacity on the property then the Commission could look for an appropriate town site.
PM, DUXBURY CONSTRUCTION, 14 STARBOARD WAY, SEPTIC
Representing the applicant was Freeman Boynton. The proposed project was a septic system repair located within a riverfront area. The closest point of the project is 186 feet from the river. The Conservation Administrator noted that septic repair is a permitted activity within the riverfront. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the septic repair. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 60 ABRAMS HILL, SE 18-1525, SITE WORK
Representing the applicant was Freeman Boynton. The proposed project is construction of a new single family dwelling which is outside the jurisdiction of the Conservation Commission. The only work within the 100-foot buffer to salt marsh and a coastal bank is to level a portion of the backyard. Ms. Morris questioned if seeding and grass is sufficient to stabilize the slope. The limit of work line was established at just below the proposed 33-foot contour line. Mr. Butcher made a motion that was seconded to issue Orders of Conditions for the site work. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, DUXBURY CONSTRUCTION, 52 SUNSET RD., BOAT SHED, SE 18-1523
Representing the applicant were Freeman Boynton and the property owner Peter Annicelli. The proposed project is to construct a boat shed with porch located 94 feet from the salt marsh. The proposed structure will be built on sonotubes. An abutter, Edward Lawson noted that he had opposed the original location but approves the revised location and withdrew his letter of opposition dated 12/13/2009. Mr. William Crosby of 58 Sunset Rd. commented on the view of the salt marsh and encouraged the applicant to save the existing trees. Mr. Butcher made a motion that was seconded to issue Orders of Conditions for the boat shed project. The vote was 6 – in favor; 0 – opposed. Motion passed.
CONT’D. PH, WHITMAN, 6 VILLAGE WAY, SE 18-1524
The applicant presented a revised plan that showed the limit of work line at the 25-foot buffer. Mr. Butcher made a motion that was seconded to issue Orders of Conditions for the site work project. The vote was 6 – in favor; 0 – opposed. Motion passed.
DISCUSSION - 67 HARDEN HILL RD. – SE 18-1457
Representing the property owner were Attorney Paul Driscoll; the Applicant’s Engineer Paul Brogna from Seacoast Engineering Co.; Architect Jim Kelliher from Axiom; the Builder Dudley Mulrenin of Sea View Construction; and Robert Pineau, the owner. The discussion centered on the construction of the boathouse and whether it was in compliance with the Orders of Conditions. Letters from the Conservation Commission dated 12/3/2009 and 12/17/2009 indicated that the structure did not comply with the Orders since the boathouse was not constructed on a sonotube-type foundation and asked the applicant to explain how the structure will be brought into compliance. The property owner’s representatives explained why the structure was constructed as it was in order to comply with the revised State Building Code. Mr.
Grady explained because of close proximity of the old boathouse to the resource area required the structure to be placed on sonotubes. Sonotubes are usually hand dug; thereby causing little disturbance. The only reason the structure was allowed to be reconstructed at all was because it predated the regulations and was grandfathered. He noted that the Commission’s regulations require full foundations be at least 50 feet from the wetlands and only sonotubes are permitted a minimum of 35 feet from the wetlands. The Commission also noted that the Orders state that any changes to the plan should be brought back to the Commission for approval prior to construction and questioned why the applicant had not checked with the Commission with regards to plan revisions. Mr. Mulrenin commented that to remove the foundation would probably cause more impact to the resource area and suggested the applicant check with the structural engineer as to how the foundation can
be modified. The Commission directed the applicant to figure out a solution that would bring the project closer to compliance to what the Commission requires as a sonotube-type foundation.
ADMINISTRATIVE MATTERS
Because of snow, the Conservation Administrator could not conduct any site inspections so the Commission postponed action on the requests for Certificates of Compliances.
Meeting adjourned at 9:00 p.m.
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