Duxbury Bay Duxbury Bay Management Study Management Study

Committee Committee

Key MessagesKey Messages Bay is threatened by a Bay is threatened by a dramatic increase in dramatic increase in

usesuses No town entity exists that represents or No town entity exists that represents or

integrates all interests in the Bayintegrates all interests in the Bay Study Committee has determined that a Study Committee has determined that a

Duxbury Duxbury Bay Management Plan is urgently Bay Management Plan is urgently neededneeded, and is completing a DRAFT , and is completing a DRAFT plan/report that recommends:plan/report that recommends: Forming a permanent Forming a permanent Duxbury Bay CommissionDuxbury Bay Commission

o Advise and supportAdvise and support existing regulatory boards existing regulatory boards Amend existing By-LawsAmend existing By-Laws to require notifying Bay to require notifying Bay

Commission of Bay related changes, permits, etc.Commission of Bay related changes, permits, etc. Focus on areasFocus on areas that need most immediate attention that need most immediate attention

Appointed by BOS in 2002; 12-15 membersAppointed by BOS in 2002; 12-15 members All Bay interests are representedAll Bay interests are represented Met twice/month for 2½ yearsMet twice/month for 2½ years

Progress to date:Progress to date: Established key objectives and top prioritiesEstablished key objectives and top priorities Hired technical consultant – R. Fultz Assoc.Hired technical consultant – R. Fultz Assoc. Interviewed dozens of experts, state & federalInterviewed dozens of experts, state & federal Conducted several public input meetingsConducted several public input meetings Initiated a demonstration restoration projectInitiated a demonstration restoration project Developed a draft plan – roadmap for next stepsDeveloped a draft plan – roadmap for next steps Developed recommendations and management Developed recommendations and management

strategy – strategy – March 12, 2005 Town Meeting March 12, 2005 Town Meeting ArticlesArticles

BackgroundBackground

Island Creek Herring RunIsland Creek Herring RunRestoration ProjectRestoration Project

SourceSource AmountAmount

Corporate Wetlands Restoration Grant $ 9,000Corporate Wetlands Restoration Grant $ 9,000Conservation Commission GrantConservation Commission Grant

10,00010,000Battelle Labs Battelle Labs 8,500 8,500

In-Kind Matches:In-Kind Matches: Private Donor (Battelle, DBMS) Private Donor (Battelle, DBMS) 19,30019,300 Town of Duxbury (ConCom, DPW, Town of Duxbury (ConCom, DPW,

Harbormaster)Harbormaster) 21,75021,750

Community Volunteer LaborCommunity Volunteer Labor 21,26421,264 State Resource AgenciesState Resource Agencies 7,000 7,000

(EOEA CWRP/ Mass Bays and DMF) (EOEA CWRP/ Mass Bays and DMF)

Community Preservation Act Grant Community Preservation Act Grant $ 70,000$ 70,000

TOTAL $ TOTAL $ 166,814166,814

Construction scheduled to begin this spring!

Key Environmental Health Indicator

DBMSC ObjectivesDBMSC Objectives Develop a history and baseline of scientific dataDevelop a history and baseline of scientific data Report on the current conditions of the bayReport on the current conditions of the bay Focus on 5 key topics derived from public input Focus on 5 key topics derived from public input

sessionssessions Water qualityWater quality MooringsMoorings Boating and boating safetyBoating and boating safety Shell fishing and aquacultureShell fishing and aquaculture Public accessPublic access

Provide general recommendations and guidelines Provide general recommendations and guidelines for near and long-term focus and actionfor near and long-term focus and action

Recommend a structure for finalization and Recommend a structure for finalization and successful implementation of a management plansuccessful implementation of a management plan

Draft Plan OutlineDraft Plan OutlineI.INTRODUCTION/EXECUTIVE SUMMARY

A. History and structure of the Planning ProcessB. Definition of Study AreaC. Identification of Topics and TrendsD. Mission Statement and Strategic PrioritiesE. Trends Analysis and RecommendationsF. Management Recommendations and Work Plans

II. HISTORY OF DUXBURY BAYA. Archaeology and Recent Human HistoryB. Historic ResourcesC. GeologyD. Current Bay Management

III. WATER QUALITYIV. SHELLFISH/SHELLFISHING/AQUACULTURE

A. ShellfishB. Shell fishingC. AquacultureD. Management Plan And Recommendations Summary

V. BOATING AND SAFETYVI. MOORINGS

Draft Plan OutlineDraft Plan OutlineVII.PUBLIC/PRIVATE ACCESS

A. Public/Private RightsB. Scenic and Visual Access to the BayC. Boat ramps/Town Landings/Ways To the WaterD. Navigational Dredging (& beneficial use of dredge spoils)E. ParkingF. Management Plan and Recommendations Summary

VIII. RESTORATION PROJECTSA. Existing Project Opportunities

IX. MANAGEMENT IMPLEMENTATION PLANA. Existing Conditions and TrendsB. Trends Analysis and RecommendationsC. Organizational StructureD. Emergency Disaster Response PlanningE. EducationF. Future StudiesG. Strategy For Adoption Of PlanH. Funding ProgramI. Management Recommendations and Action Plan

X. APPENDICESA. ResourcesB. Figures/Maps/PicturesC. Glossary

Committee FindingsCommittee Findings Duxbury Bay is relatively unique and remains a Duxbury Bay is relatively unique and remains a

healthy and vibrant ecosystem.healthy and vibrant ecosystem. Dedicated and diligent Harbormaster DepartmentDedicated and diligent Harbormaster Department Active committees focused on individual activity and Active committees focused on individual activity and

use (ex: Shellfish Com., Beach Com.) use (ex: Shellfish Com., Beach Com.) “fragmented “fragmented approach”approach”

Limited access has provided a natural limit to over-Limited access has provided a natural limit to over-useuse

Mounting pressures from an increase in Mounting pressures from an increase in activities and uses threaten the health and activities and uses threaten the health and serenity of the Bayserenity of the Bay

No single town committee or department views No single town committee or department views represents all interests of the Bay represents all interests of the Bay New need for New need for “integrated approach”“integrated approach” Example: Recent aquaculture moratoriumExample: Recent aquaculture moratorium

Proposed ArticlesProposed Articles Article 23 – applies to General By-LawsArticle 23 – applies to General By-Laws

EstablishEstablish a a “Duxbury Bay Management “Duxbury Bay Management Commission”Commission”

Amend Amend Duxbury General By-Law toDuxbury General By-Law to enableenable Duxbury Bay Management CommissionDuxbury Bay Management Commission to to adviseadvise on newon new Bay related activities Bay related activities

Advisory onlyAdvisory only; no regulatory authority; no regulatory authority Article 24 – applies to Zoning By-LawsArticle 24 – applies to Zoning By-Laws

Amend Amend Duxbury Zoning By-Laws to Duxbury Zoning By-Laws to enableenable Duxbury Bay Management CommissionDuxbury Bay Management Commission to to comment on new Bay related activitiescomment on new Bay related activities

Minimal changeMinimal change – inserted in existing By-Laws – inserted in existing By-Laws per same notification of other land-use boards per same notification of other land-use boards

Advisory onlyAdvisory only; no regulatory authority; no regulatory authority

To serve as “Keepers of the Bay”To serve as “Keepers of the Bay” To be advisory to existing committees and BOSTo be advisory to existing committees and BOS To use integrated vs. existing fragmented approachTo use integrated vs. existing fragmented approach To act as clearing house for all bay-related issuesTo act as clearing house for all bay-related issues Area: to include the Bay and surrounding coastal Area: to include the Bay and surrounding coastal

wetlandswetlands Mission:Mission: To To develop, implement and maintaindevelop, implement and maintain a management a management

plan that will enhance and preserve the ecological plan that will enhance and preserve the ecological health, pristine waters, and natural beauty of Duxbury health, pristine waters, and natural beauty of Duxbury Bay for future generations while sustaining harmony Bay for future generations while sustaining harmony among all its uses. among all its uses.

Summary of Article 23Summary of Article 23

“New Bay Commission”“New Bay Commission”

Summary of Article 23 Summary of Article 23 cont.cont. MembershipMembership

Nine MembersNine Members 3-year staggered terms3-year staggered terms Appointed by SelectmenAppointed by Selectmen Members to represent varied interests Members to represent varied interests

including:including: AquacultureAquaculture BoatingBoating Commercial and not-for-profit waterfront Commercial and not-for-profit waterfront

usersusers Ecology, shellfish, and finfishEcology, shellfish, and finfish Residents at large whose experience will Residents at large whose experience will

enhance the diversity of the commission.enhance the diversity of the commission.

Summary of Article 23 Summary of Article 23 (cont.)(cont.) Power and Duties: Power and Duties:

Finalize, implement, and maintainFinalize, implement, and maintain management management plan as living document plan as living document

Evaluate and reviewEvaluate and review proposed changes that affect proposed changes that affect baybay

Recommend Recommend changes to regulations and policychanges to regulations and policy Provide forumProvide forum for dispute resolution with for dispute resolution with

recommendations to appropriate regulatory boardrecommendations to appropriate regulatory board Explore Explore cooperative relationship with neighboring cooperative relationship with neighboring

communitiescommunities Hire staff/consultantHire staff/consultant with private and/or public with private and/or public

funding and town meeting approvalfunding and town meeting approval

Insert Insert “Duxbury Bay Management “Duxbury Bay Management Commission” Commission” into the following into the following existingexisting General By-Law: General By-Law:

Duxbury General By-Law, Chapter 9 Wetlands Duxbury General By-Law, Chapter 9 Wetlands ProtectionProtection

Summary of Article 24Summary of Article 24“Amend Duxbury Zoning By-“Amend Duxbury Zoning By-

Laws”Laws”Insert Insert “Duxbury Bay “Duxbury Bay Management Commission” Management Commission” into into the following the following existingexisting Zoning Zoning By-Laws:By-Laws:

Duxbury Protective Zoning By-Law, Section Duxbury Protective Zoning By-Law, Section 404.8 Special Permit Procedures404.8 Special Permit Procedures

Duxbury Protective Zoning By-Law, Section Duxbury Protective Zoning By-Law, Section 615.7 Required Procedures for Site Plan 615.7 Required Procedures for Site Plan ReviewReview

Duxbury Protective Zoning By-Law, Section Duxbury Protective Zoning By-Law, Section 906.4 Referral [Special Permit Procedures]906.4 Referral [Special Permit Procedures]

Article 23 - DetailArticle 23 - Detail To see if the town will vote to amend the General By-Laws of The Town of Duxbury by To see if the town will vote to amend the General By-Laws of The Town of Duxbury by adding a new Chapter 6.15 Duxbury Bay Management Commission (DBMC) to read adding a new Chapter 6.15 Duxbury Bay Management Commission (DBMC) to read as followsas follows::

6.15. Duxbury Bay Management Commission6.15. Duxbury Bay Management Commission6.15.1 The Duxbury Bay Management Commission shall consist of nine members 6.15.1 The Duxbury Bay Management Commission shall consist of nine members appointed by the Selectmen, to three year staggered terms. In appointing members, the appointed by the Selectmen, to three year staggered terms. In appointing members, the selectmen shall consider individuals representing varied interests of the Bay including selectmen shall consider individuals representing varied interests of the Bay including but not limited to aquaculture, boating, commercial and not for profit waterfront users, but not limited to aquaculture, boating, commercial and not for profit waterfront users, ecology, shellfish and finfish, and other residents at large whose experience will ecology, shellfish and finfish, and other residents at large whose experience will enhance the diversity of the commission.enhance the diversity of the commission.6.15.2 The mission of the Duxbury Bay Management Commission is: 6.15.2 The mission of the Duxbury Bay Management Commission is: “To finalize, “To finalize, implement and maintain a management plan that will enhance and preserve the implement and maintain a management plan that will enhance and preserve the ecological health, pristine waters and natural beauty of Duxbury Bay for future ecological health, pristine waters and natural beauty of Duxbury Bay for future generations while sustaining harmony among all its uses.”generations while sustaining harmony among all its uses.”6.15.3 The Duxbury Bay Management Commission shall have the following powers and 6.15.3 The Duxbury Bay Management Commission shall have the following powers and duties:duties:Evaluate and review any proposed change in Bay use and access, inclusive of structures Evaluate and review any proposed change in Bay use and access, inclusive of structures and all Bay related issues requiring the action of the Board of Selectman (BOS), and all Bay related issues requiring the action of the Board of Selectman (BOS), Duxbury Conservation Commission (DCC), Zoning Board of Appeals (ZBA), Planning Duxbury Conservation Commission (DCC), Zoning Board of Appeals (ZBA), Planning Board (PB), Harbormasters Office and Board of Health (BOH) involving Coastal Board (PB), Harbormasters Office and Board of Health (BOH) involving Coastal Resource Areas as defined in M.G.L. c.131 S40 and the Town of Duxbury Wetlands Bylaw Resource Areas as defined in M.G.L. c.131 S40 and the Town of Duxbury Wetlands Bylaw (Chapter 9 General By-Laws of the Town of Duxbury).(Chapter 9 General By-Laws of the Town of Duxbury).

Bay related issues and proposed changes will be evaluated at a minimum in terms of impacts on Bay related issues and proposed changes will be evaluated at a minimum in terms of impacts on the following;the following;

public safety, health and welfarepublic safety, health and welfare ecology and sensitive receptors including wildlifeecology and sensitive receptors including wildlife uses and appropriateness of use and accessuses and appropriateness of use and access scenic views and aesthetic issuesscenic views and aesthetic issues levels of public and private serviceslevels of public and private services supporting landside infrastructuresupporting landside infrastructure

2. Based on the above evaluation, the commission shall make recommendations and 2. Based on the above evaluation, the commission shall make recommendations and comments to the responsible regulatory or policy setting authorities.comments to the responsible regulatory or policy setting authorities.

bb. . Recommend changes to regulations and policies. Submit recommendations and comments to the Board of Selectmen, Town Meeting and other Recommend changes to regulations and policies. Submit recommendations and comments to the Board of Selectmen, Town Meeting and other regulatory authorities to change Town Bylaws, regulations and policies as needed to achieve the mission of the DBMC. regulatory authorities to change Town Bylaws, regulations and policies as needed to achieve the mission of the DBMC. c. Provide a forum for dispute resolutionc. Provide a forum for dispute resolution for projects and use impacts and conflicts on the Bay.for projects and use impacts and conflicts on the Bay.d. Develop and implement a restoration, enhancement and management program to maintain and restore the Bay ecology and harmony among its d. Develop and implement a restoration, enhancement and management program to maintain and restore the Bay ecology and harmony among its uses by:uses by:

Maintaining a central repository of environmental health indicators and uses.Maintaining a central repository of environmental health indicators and uses. Providing ongoing monitoring of environmental health indicators.Providing ongoing monitoring of environmental health indicators. Convening integrated work groups to identify prioritize and address Bay ecology and use issues.Convening integrated work groups to identify prioritize and address Bay ecology and use issues. Developing program to install best management practices for Town storm drain system and other non-point Developing program to install best management practices for Town storm drain system and other non-point

sources of pollution.sources of pollution. Providing project management to supplement existing Town staff for ecological and other Bay related projects.Providing project management to supplement existing Town staff for ecological and other Bay related projects. Seeking funds and grants for implementation of projects.Seeking funds and grants for implementation of projects. Supporting existing and developing new education and outreach programs to: Supporting existing and developing new education and outreach programs to:

Educate the next generation of Bay stewardsEducate the next generation of Bay stewardsInform users of their impacts and responsibilitiesInform users of their impacts and responsibilitiesSupport Bay projects.Support Bay projects.

e. Maintain the management plan as a living document to guide the work of the DBMC bye. Maintain the management plan as a living document to guide the work of the DBMC by ::Using the Plan as a guide in all the commission’s recommendations, plan updates and activities.Using the Plan as a guide in all the commission’s recommendations, plan updates and activities.2. Reviewing and updating the Plan at a minimum every five years.2. Reviewing and updating the Plan at a minimum every five years.3. Incorporating proposed Plan changes on an ongoing basis as needed.3. Incorporating proposed Plan changes on an ongoing basis as needed.4. Appointing subcommittees or work groups to further study issues identified by the DBMC. 4. Appointing subcommittees or work groups to further study issues identified by the DBMC. f. Recognize the Bays’ interdependence and explore cooperative Bay management with the towns of Kingston and Plymouth. f. Recognize the Bays’ interdependence and explore cooperative Bay management with the towns of Kingston and Plymouth.

With the approval of Town Meeting the DBMC shall have the authority to hire staff and/or With the approval of Town Meeting the DBMC shall have the authority to hire staff and/or consultants using private and public grants and other appropriations. consultants using private and public grants and other appropriations.

And to see if the town will vote to amend Chapter 9 Wetlands Protection of And to see if the town will vote to amend Chapter 9 Wetlands Protection of the General By-Laws of The Town of Duxbury by inserting the following in the General By-Laws of The Town of Duxbury by inserting the following in 9.1.6., after the last sentence in this section:9.1.6., after the last sentence in this section:““The Duxbury Conservation Commission shall within 5 days of receiving a The Duxbury Conservation Commission shall within 5 days of receiving a request for a determination or a notice of intent for proposed activities request for a determination or a notice of intent for proposed activities within a coastal resource area, as defined in Chapter 131, section 40 of the within a coastal resource area, as defined in Chapter 131, section 40 of the Massachusetts General Laws or as determined by the Duxbury Massachusetts General Laws or as determined by the Duxbury Conservation Commission, request that the Duxbury Bay Management Conservation Commission, request that the Duxbury Bay Management Commission provide written comments and recommendations before Commission provide written comments and recommendations before taking final action on said request for determination or notice of intent.”taking final action on said request for determination or notice of intent.”

Article 23 - Detail continuedArticle 23 - Detail continued

Article 24 - DetailArticle 24 - Detail To see if the town will vote to amend the Duxbury Protective Bylaw, Section To see if the town will vote to amend the Duxbury Protective Bylaw, Section

404.8 Special Permit Procedures, item 1, by inserting the following language, 404.8 Special Permit Procedures, item 1, by inserting the following language, “the“the Duxbury Bay Management Commission,” Duxbury Bay Management Commission,” in the first sentence in the first sentence afterafter “Duxbury Conservation Commission,” so the section reads: “Duxbury Conservation Commission,” so the section reads: The Board of Appeals shall refer a special permit application to the The Board of Appeals shall refer a special permit application to the Conservation Commission, Conservation Commission, the Duxbury Bay Management Commission,the Duxbury Bay Management Commission, the the Board of Health, and the Planning Board for written comments and Board of Health, and the Planning Board for written comments and recommendations before taking final action on said special permit application. recommendations before taking final action on said special permit application. In addition to the above noted boards, the Board of Appeals may refer a special In addition to the above noted boards, the Board of Appeals may refer a special permit application to any other Town agency/board/department for comments permit application to any other Town agency/board/department for comments and recommendations if it so desires before taking final action on said special and recommendations if it so desires before taking final action on said special permit application.permit application.

And amend Duxbury Protective Bylaw, Section 906.4 Referral, by inserting the following And amend Duxbury Protective Bylaw, Section 906.4 Referral, by inserting the following language, language, “Duxbury Bay Management Commission,”“Duxbury Bay Management Commission,” in the first sentence in the first sentence afterafter “Duxbury Conservation Commission,” so the first sentence reads:“Duxbury Conservation Commission,” so the first sentence reads:In addition to those applications for a Special Permit which require site plan approval In addition to those applications for a Special Permit which require site plan approval under Section 615, the Special Permit Granting Authority shall refer a Special Permit under Section 615, the Special Permit Granting Authority shall refer a Special Permit application to the Board of Appeals, Board of Health, Conservation Commission, application to the Board of Appeals, Board of Health, Conservation Commission, Duxbury Duxbury Bay Management Commission, Bay Management Commission, Planning Board, Water Advisory Board and Design Planning Board, Water Advisory Board and Design Review Board for written comments and recommendations before taking final action on Review Board for written comments and recommendations before taking final action on said Special Permit application. said Special Permit application.

And amend Duxbury Protective Bylaw, Section 615.7 Required Procedures for Site Plan And amend Duxbury Protective Bylaw, Section 615.7 Required Procedures for Site Plan Review, by inserting the following language, Review, by inserting the following language, “, the Duxbury Bay Management “, the Duxbury Bay Management Commission,”Commission,” in 615.7 (2.) in 615.7 (2.) afterafter “the Conservation Commission” so that 615.7 (2.) reads: “the Conservation Commission” so that 615.7 (2.) reads:Within five (5) working days of receiving a Site Plan, the Planning Director or his/her Within five (5) working days of receiving a Site Plan, the Planning Director or his/her designee shall distribute copies of the Site Plan to the Planning Board, the Department of designee shall distribute copies of the Site Plan to the Planning Board, the Department of Public Works, the Police Department, the Fire Department, Highway Safety Committee, Public Works, the Police Department, the Fire Department, Highway Safety Committee, the Conservation Commission, the Conservation Commission, the Duxbury Bay Management Commissionthe Duxbury Bay Management Commission and the and the Board of Health. If the proposed activity requires a special permit, the special permit Board of Health. If the proposed activity requires a special permit, the special permit granting authority shall receive a copy of the Site Plan.granting authority shall receive a copy of the Site Plan.

ConclusionConclusion DBMSC has thoroughly reviewed the current DBMSC has thoroughly reviewed the current

ecological health of the Bay and its uses. ecological health of the Bay and its uses. DBMSC is completing a draft report that DBMSC is completing a draft report that

summarizes the current conditions of the Bay summarizes the current conditions of the Bay and concludes that a management plan is and concludes that a management plan is critical to the Bay’s future.critical to the Bay’s future.

A new Bay Commission will serve as “Keepers A new Bay Commission will serve as “Keepers of the Bay,” taking a broad and integrated of the Bay,” taking a broad and integrated view of uses, activities, and Bay issues and view of uses, activities, and Bay issues and their overall impact on the Bay.their overall impact on the Bay.

A new Bay Commission will serve to A new Bay Commission will serve to advise advise and assistand assist existing town committees and existing town committees and boards and help manage and protect one of boards and help manage and protect one of Duxbury’s most valuable resources.Duxbury’s most valuable resources.

Town Committees/Boards Town Committees/Boards SupportSupport

Board of SelectmenBoard of Selectmen Conservation CommissionConservation Commission Planning BoardPlanning Board Zoning Board of AppealsZoning Board of Appeals Finance CommitteeFinance Committee Harbormaster DepartmentHarbormaster Department

Duxbury Bay Duxbury Bay Management Study Management Study

CommitteeCommittee