The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, March 2, 2010 beginning at 7:00 p.m. Members present included Chairman Joseph Messina, Samuel Butcher, Thomas Gill, Dianne Hearn, Barbara Kelley, Holly Morris, and Corey Wisneski. Also present was the Conservation Administrator Joe Grady.
PH, MCLAUGHLIN, 685 WASHINGTON ST., PIER, SE 18-1530
Representing the applicant were Paul Brogna from Seacoast Engineering Co., Robert Gray from Sabatia, Inc., and property owners John and Doreen McLaughlin. Mr. Brogna explained the project which is construction of a pier over salt marsh. Mr. Brogna reviewed the engineering and technical dimensions of the structure. Mr. Gray described the resource areas. Mr. Messina explained the jurisdiction of the Conservation Commission. Mr. Grady asked for clarification on dimensions of the structure as shown on the plan. The Commission requested a copy of the deed of the property and asked Mr. Brogna to show the location of moorings in the area. Mr. Messina noted that the Commission’s regulations require the walkway to be located the shortest distance over the salt marsh and asked as proposed was this the
shortest distance over the salt marsh. Mr. Brogna responded the shortest distance is not a functional distance. The Commission questioned the distance between the proposed location of the float and its anchors to the salt marsh on both sides of the guzzle. Mr. Messina noted that the Town has been losing salt marsh and questioned whether the proposed project would impact the stability of the salt marsh in the guzzle. The Commission asked the applicant to determine the length of time the float will be floating and had concern of propeller dredging and scouring of the mudflats and salt marsh. Mr. Butcher had questions regarding materials to be used for the walkway decking and float; and asked for clarification regarding handrails and whether the Building Code would require handrails. The Commission had concern about stability of the salt marsh in the guzzle particularly during construction, the driving of piles, and proximity to the edge of the
bank. The Commission asked Mr. Brogna to stake the location of the pilings in the field. Ms. Morris referenced a research report dated 3/26/2006 from Linda Deegan regarding dock length that discusses environmental issues to the salt marsh ecosystem. The Commission reviewed written comments from the MA Division of Marine Fisheries and written correspondence from residents expressing opposition and support for the proposed project.
The Chairman asked for questions or comments from the audience. Sherman Hoyt from Abrams Hill commented about the ecological impact to the mudflats as a result of prop scouring. He asked for the height of the mud under the float in relation to mean low water and how does that compare to mud height under other piers in the vicinity. Mr. John Palmer of 10 Powder Point Ave spoke in opposition of the proposed pier and referred to a signed petition dated 3/1/2010 from some residents who are also in opposition. Mr. Palmer also asked about affect of the proposed float to existing moorings in the area. Ms. Kathy Palmer had concern about marsh erosion. Several audience members spoke about aesthetics and the pristine, natural viewscape of the salt marsh. Several residents noted that there was a float at the other
end of the property used by an abutter. Amy McNab from Tobey Garden Street asked for clarification regarding any easements across the property. Mr. Messina reviewed the information that the Commission would like from the applicant for the next meeting: delineation of property lines in the field; measurement from float to each bank in the guzzle; distance between walkway and edge of bank; stake pile locations in field; estimated usage time of float; written response to the letter from the Division of Marine Fisheries; a legible copy of the deed; clarification with regards to any easements granted to the abutter for access to water. The Commission has also asked for review of the project from the Harbormaster and the Duxbury Bay Management Commission. A site visit will be scheduled once the proposed location is staked in the field. Mr. Messina asked Mr. Brogna if the Commission could have a copy of the transcript from the applicant’s stenographer
and Mr. Brogna agreed. Mr. Butcher made a motion that was seconded to continue the public hearing to April 6, 2010 at 7:30 p.m. The vote was 7 – in favor; 0 – opposed. Motion passed.
PH, 1053 TREMONT ST. LLC, 1053 TREMONT ST., ROADWAY, SE 18-1527
Representing the applicant was Rick Grady from Grady Consulting. Mr. R. Grady explained the project which was construction of a subdivision roadway and associated drainage system within the buffer to bordering vegetated wetlands, perennial stream and pond. Mr. Messina noted that the Notice of Intent is for a proposed subdivision in the Wetlands Protection Overlay District (WPOD) and asked if the applicant has a decision form the Zoning Board of Appeals (ZBA) Mr. Messina referenced M.G.L. Chapter 131, section 40 and questioned whether the proposed project was an allowable use in the WPOD and whether the applicant should first get a permit from the ZBA before filing with the Conservation Commission. The Conservation Administrator, Joe Grady read Section 404 of the Zoning Bylaw and questioned whether a Special Permit can
be issued for construction of a subdivision in the WPOD. He noted that the correct procedure to change any WPOD line would be to petition Town Meeting. The Commission asked the applicant for copies of information submitted to the ZBA. Ms. Amy McNab, Chairman of the Planning Board reported the applicant informally came before the Planning Board and was instructed to first resolve the issue of the WPOD. Dr. Gill made a motion that was seconded to continue the public hearing to March 23, 2010 at 7:10 p.m. to allow the applicant to submit the requested information. The vote was 7 – in favor; 0 – opposed. Motion passed.
PROPOSED ZONING BYLAW: OPEN SPACE & LOT COVERAGE
Scott and Ann Marie Oliver explained the citizen’s petition for proposed zoning bylaw change with regards to lot coverage.
PH, PRINCE-WILSON, 406 BAY RD., SEPTIC, SE 18-1528
Representing the applicant was Joe Webby from Webby Engineering Co. The proposed project is a septic system upgrade and rebuild of existing retaining wall. Mr. John Priest of 404 Bay Road asked whether the design could be for a shared system since the applicant owns both 406 and 408 Bay Road. The Commission noted that discussion about shared septic systems should be with the Board of Health. Mr. Butcher made a motion that was seconded to issue Orders of Conditions for the proposed septic system upgrade as presented. The vote was 7 – in favor; 0 – opposed.
PH, MARSHFIELD COUNTRY CLUB, 0 ACORN ST., DRAINAGE, SE 18-1529
Representing the applicant were Seamus Kelleher from Emerald Excavating and Tom Harrington. The proposed project was to repair the existing drainage system at the golf course. Mr. Butcher made a motion that was seconded to issue Orders of Conditions.
ADMINISTRATIVE MATTERS
The Commission reviewed requests for Certificates of Compliances for SE 18-1075 (459 Union Bridge Rd.) and SE 18-1435, Duxbury Bay Maritime School. Dr. Gill made a motion that was seconded to issue Certificates of Compliances for SE 18-1075. The vote was 7 – in favor; 0 – opposed. Motion passed.
Dr. Gill made a motion that was seconded to issue Certificates of Compliances for SE 18-1435. The vote was 7 – in favor; 0 – opposed. Motion passed.
Ms. Morris made a motion that was seconded to issue a three-year extension permit for the Orders of Conditions SE 18-1401, 129 Surplus St. The vote was 7 – in favor; 0 – opposed. Motion passed.
The Commission postponed action on the Plan Revision for SE 18-1477.
Meeting adjourned at 10:00 p.m.
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