The Conservation Commission held a meeting in the Mural Room, Lower Level of Town Hall on Tuesday, October 5, 2010 beginning at 7:00 p.m. Members present included Samuel Butcher, Thomas Gill, Barbara Kelley, Holly Morris, and Corey Wisneski. Chairman Joseph Messina and Dianne Hearn were absent. Since the Chairman was absent, Dr. Gill was Acting Chairman. Also present was the Conservation Administrator, Joe Grady.
PH, DUXBURY CONSTRUCTION, LLC, 237 GURNET RD., S.F. DWELLING, SE 18-1540
The purpose of this public hearing was to review the Notice of Intent application filed by Duxbury Construction LLC. The applicant was represented by Freeman Boynton, who described the project. The proposed project is to elevate the existing dwelling and place it on new wood or concrete piers, construct a deck, and porch entryway. The project is located on a barrier beach and land subject to flooding. The Commission reviewed the proposed site plan. The Commission requested a copy of the proposed foundation plan and to show the proposed elevations of the new structure. Mr. Grady noted that there should be no continuous footing between piers and asked if the applicant planned to add any harden surface for a parking area. Mr. Boynton indicated there was no proposed harden surfaces for parking. Mr. Butcher
made a motion that was seconded to continue the public hearing to October 19, 2010 at 7:20 p.m. in order for the applicant to submit a revised site plan showing elevations and the proposed foundation plan. The vote was 5 – in favor; 0 – opposed. Motion passed.
PH, MCLEOD/CLINCH, 589 FRANKLIN ST., POOL, SE 18-1541
The purpose of this public hearing was to review the Notice of Intent application filed by the applicants, Peter Clinch and Amanda McLeod. Both Mr. Clinch and Ms. McLeod were present for the discussion. The proposed project is to construct a pool in the buffer to bordering vegetated wetlands. The project conforms to the regulations. Mr. Butcher made a motion that was seconded to issue Orders of Conditions. The vote was 5 – in favor; 0 – opposed. Motion passed.
PM, DUXBURY CONSTRUCTION LLC, 350 POWDER POINT AVE., SHED
The purpose of this public meeting was to review a Request for Determination of Applicability application. Representing the applicant was the contractor, Scott Thrasher. The proposed project is to replace the existing shed in the exact location in the buffer to a coastal bank. The proposed shed would be constructed on sonotubes. Mr. Butcher asked Mr. Thrasher to define a sonotube, in order for the applicant to understand that it is not a full foundation. Mr. Butcher made a motion that was seconded to issue a negative determination that a Notice of Intent is not required for the shed project. The vote was 5 – in favor; 0 – opposed. Motion passed.
DISCUSSION ON COMPLIANCE WITH ORDERS OF CONDITIONS SE 18-1457, 67 HARDEN HILL
Representing the property owner were Donna Pineau, Attorney Paul Driscoll, and Paul Brogna from Seacoast Engineering Co. This meeting was a continuation of the discussion held at the Conservation Commission meeting on 1/5/2010 at which time the applicant was directed to check with their structural engineer to figure out a solution that would bring the boathouse into compliance with the Orders of Conditions (SE 18-1457). The owner’s representatives continued their argument that the Town had approved the building plans. The Commission indicated it did not want to rehash old issues and directed the discussion toward a solution to bring the project into compliance with what the Conservation Commission had approved. The Commission reviewed correspondence submitted by the property owner’s representatives: a
letter from Attorney Driscoll dated 9/21/2010; an email from Mr. Brogna dated 9/21/2010 with attachments from Axiom Architects and Rivermoor Engineering. The Commission also discussed whether to hire a consultant to review the proposed plan and the procedure by which to accept a plan. It was recommended that the applicant amend the Orders of Conditions and present a plan that maximizes the size of the openings to allow maximum flow-through and is structurally acceptable; specify the construction method; and proposed construction mitigation. The Commission directed the applicant to file for the amended Orders prior to the expiration date of the existing Orders of Conditions on 2/20/2011.
ADMINISTRATIVE MATTERS
The Commission reviewed draft meeting minutes. Mr. Butcher made a motion that was seconded to approve the minutes of the meeting on 9/7/2010, as drafted. The vote was 4 – in favor; 0 – opposed; 1 – abstention (Wisneski). Motion passed.
The Commission reviewed requests for Certificates of Compliances for SE 18-1477 (90 Marshall St.) and SE 18-522, SE 18-554, and SE 18-1106 (137 Gurnet Rd.). The Conservation Administrator asked the Commission to postpone action on the request for SE 18-1477 since he could not make a recommendation. The as-built plan needs to show elevations and the homeowner has to send a letter stating where the float is being stored in the offseason.
The Conservation Administrator recommended that the Commission issue Certificates of Compliances for SE 18-552, SE 18-554, and SE 18-1106. Mr. Butcher made a motion that was seconded to issue Certificates of Compliances for SE 18-552 and SE 18-554. The vote was 5 – in favor; 0 – opposed.
Mr. Butcher made a motion that was seconded to issue the Certificates of Compliances for SE 18-1106, subject to receipt of the corrected as-built plan from the applicant’s engineer. The vote was 5 – in favor; 0 – opposed. Motion passed.
Meeting adjourned at 8:40 p.m.
| 
