The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, February 2, 2010 beginning at 7:00 p.m. Members present included Chairman Joseph Messina, Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley, and Holly Morris. Corey Wisneski was absent. Also present was the Conservation Administrator Joe Grady.
PM, HAMORI, 92 HORNBEAM RD., DECK
Representing the applicant was the contractor, Dana Nemes. The proposed project is extension of a deck located in the buffer to a coastal bank and bordering vegetated wetlands. The structure will be built on footings. Mr. Butcher questioned if there was enough room between the slope and the deck for people to walk. The project conforms to the regulations. Dr. Gill made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the deck project. The vote was 6 – in favor; 0 – opposed. Motion passed.
PH, FREER, 31 OCEAN RD. NORTH, ADDITION, SE 18-1526
Barbara Kelley recused herself from this public hearing. Representing the applicant were Attorney Robert Galvin, the contractor Scott Glen, the applicant’s engineer Carl Garvey from C.W. Garvey Co. and the property owner William Freer. The proposed project is construction of a second-story addition and deck. Attorney Galvin presented photographs of the area showing other dwellings that have similar additions and letters of support from several of the neighbors. Mr. Glen explained there would be no excavation and that the proposed addition would be set on existing footings and foundation. Mr. Garvey reviewed elevations and confirmed that the dwelling is within the velocity zone (VE) at elevation 18, but that the new construction would be above the velocity zone elevation. The Conservation
Administrator identified the resource areas where the site is located: a barrier beach; land subject to coastal storm flowage; and in the buffer to a coastal beach; and reported that the project did not conform to the Conservation Commission’s regulations that were adopted in 2006. The proposed project did not meet the performance standards for land subject to coastal storm flowage, section 20.1 d, which prohibits construction of additions within a velocity zone. Mr. Messina commented that the FEMA flood maps moved the location of the velocity zone landward from the seawall. Other dwellings in the area previously were allowed additions because at the time of construction the velocity zone was delineated at the edge of the seawall. Mr. Messina also explained that the Commission’s regulations were revised in 2006 to keep development from encroaching towards the coastal beach. Attorney Thomas Tucker, representing the abutter at 33 Ocean Road
North, presented a letter of opposition dated 1/20/2010 and photographs showing storm debris. His concerns were that the addition would increase storm damage to his client’s property. Mr. Butcher asked if the applicant would have to modify the existing foundation to bear the weight of the new addition and the contractor responded no. Mr. Messina noted that the proposed project is prohibited under the Commission’s regulations and the other Commissioners agreed. Mr. Butcher made a motion that was seconded to write Orders of Conditions for the proposed addition project. The vote was 0 – in favor; 5 – opposed. Motion failed. Project is denied.
DUXBURY BEACH RESERVATION, INC. – SCHEDULE OF ACTIVITIES FOR 2010
Representing the applicant were members of the Beach Reservation’s Technical Committee: Alan Vautrinot, Margaret Kearney, Kay Foster, John Rest, Douglas Dondero, and Daniel Baker. Mr. Vautrinot reported on the site visit with Dr. Scott Melvin from Natural Heritage and Endangered Species Program and reviewed the proposed activities for 2010 in a letter dated 1/9/2010. Mr. Vautrinot also discussed a proposed selective control of predators program that the Committee is researching. Dr. Gill made a motion that was seconded to approve the list of activities on Duxbury Beach for 2010 as approved by Dr. Melvin. The vote was 6 – in favor; 0 – opposed. Motion passed.
POTENTIAL WELL SITE LAND ACQUISITION
George Wadsworth, Chairman of the Water Advisory Committee discussed with the Commission the location of a potential well site. One issue with the location is access to the well site. An access easement would be needed over land owned by the Conservation Commission. Before investing money in the well site, Mr. Wadsworth wanted to get a sense from the Commission if they would consider an easement. The Commission agreed to consider an easement and suggested the Water Advisory Committee present a proposal.
ADMINISTRATIVE MATTERS
The Commission reviewed requests for Certificates of Compliances for SE 18-1281 (Bayside Marine); SE 18-1435 (Duxbury Bay Maritime School); SE 18-1403 (493 West St.); SE 18-1419 and SE 18-1452 (341 King Caesar Rd.). The Commission postponed action on the requests for SE 18-1435 and SE 18-1452 since the Conservation Administrator was unable to complete the site inspections. Mr. Butcher made a motion that was seconded to issue the Certificates of Compliances for SE 18-1281. The vote was 6 – in favor; 0 – opposed. Motion passed.
Mr. Butcher made a motion that was seconded to issue Certificates of Compliances for SE 18-1403. The vote was 6 – in favor; 0 – opposed. Motion passed.
Mr. Butcher made a motion that was seconded to issue Certificates of Compliances for SE 18-1419. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed a plan revision for 27 Elderberry Lane in which the house elevation was raised one foot. Ms. Morris made a motion that was seconded to approve the plan revision. The vote was 6 – in favor; 0 – opposed. Motion passed.
The Commission reviewed a plan revision for the pier at 90 Marshall Street as a result of the Zoning Board of Appeals (ZBA) special permit decision. The Commission postponed action until the Chairman could research why the ZBA approved a larger platform than approved by the Conservation Commission.
The Commission reviewed a request for a Partial Certificate of Compliance for SE 18-1476, 67 Harden Hill Rd. Mr. Grady noted the major part of the project was the salt marsh restoration and the Orders of Conditions stipulate that the applicant needs to wait 2 growing seasons before a Certificate of Compliance is issued. Ms. Kelley made a motion that was seconded not to issue any Certificate of Compliance until after two growing seasons. The vote was 6 – in favor; 0 – opposed.
The Commission reviewed minutes of the meetings. Dr Gill made a motion that was seconded to approve the minutes of the meeting on 10/6/2009 as drafted. The vote was 5 – in favor; 0 – opposed; 1 – abstention (Butcher). Motion passed.
Ms. Kelley made a motion that was seconded to approve the minutes of the meeting on 10/20/2009, as drafted. The vote was 4 – in favor; 0 – opposed; 2 – abstentions (Gill, Messina). Motion passed.
Ms. Kelley made a motion that was seconded to approve the minutes of the meeting on 11/17/2009, as drafted. The vote was 3 – in favor; 0 – opposed; 3 – abstention (Butcher, Gill, Hearn). Motion passed.
Ms. Kelley made a motion that was seconded to approve the minutes of the meeting on 12/1/2009, as drafted. The vote was 5 – in favor; 0 – opposed; 1 – abstention (Messina). Motion passed.
Ms. Kelley made a motion that was seconded to approve the minutes of the meeting on 12/15/2009, as drafted. The vote was 5 – in favor; 0 – opposed; 1 – abstention (Messina). Motion passed.
Ms. Morris made a motion that was seconded to approve the minutes of the meeting on 1/5/2010, as drafted. The vote was 5 – in favor; 0 – opposed; 1 – abstention (Hearn). Motion passed.
Mr. Grady reported that the current bog operators of the Duxbury Bog and the Cherry Lane Bog were both awarded new ten-year management agreements.
The Commission discussed hiring a consultant to complete site inspections during the cell tower construction project, Orders of Conditions, SE 18-1503. Dr. Gill made a motion that was seconded to hire Lenore White, Wetlands Strategies to conduct site inspections for compliance of Orders of Conditions SE 18-1503 and to require that the applicant, Industrial Towers, pay $500 for the consultant fee. The vote was 6 – in favor; 0 – opposed. Motion passed.
Ms. Kelley made a motion that was seconded to accept the transfer of parcels of land, approved under Article 30 of the 2009 Annual Town Meeting, to the care of the Conservation Commission and to sign the Certificates of Votes. The vote was 6 – in favor; 0 – opposed. Motion passed.
Meeting adjourned at 9:00 p.m.
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