Duxbury Bay Management Study Committee

1. Duxbury Bay Management Study Committee

2. Key Messages • Bay is threatened by a dramatic increase in uses • No town entity exists that represents or integrates all interests in the Bay • Study Committee has determined that a Duxbury Bay Management Plan is urgently needed, and is completing a DRAFT plan/report that recommends: • Forming a permanent Duxbury Bay Commission • Advise and support existing regulatory boards • Amend existing By-Laws to require notifying Bay Commission of Bay related changes, permits, etc. • Focus on areas that need most immediate attention

3. Background • Appointed by BOS in 2002; 12-15 members • All Bay interests are represented • Met twice/month for 2½ years • Progress to date: • Established key objectives and top priorities • Hired technical consultant – R. Fultz Assoc. • Interviewed dozens of experts, state & federal • Conducted several public input meetings • Initiated a demonstration restoration project • Developed a draft plan – roadmap for next steps • Developed recommendations and management strategy – March 12, 2005 Town Meeting Articles

4. Island Creek Herring RunRestoration Project Source Amount Corporate Wetlands Restoration Grant $ 9,000 Conservation Commission Grant 10,000 Battelle Labs 8,500 In-Kind Matches: Private Donor (Battelle, DBMS) 19,300 Town of Duxbury (ConCom, DPW, Harbormaster) 21,750 Community Volunteer Labor 21,264 State Resource Agencies 7,000 (EOEA CWRP/ Mass Bays and DMF) Community Preservation Act Grant $ 70,000 TOTAL $ 166,814 Key Environmental Health Indicator Construction scheduled to begin this spring!

5. DBMSC Objectives • Develop a history and baseline of scientific data • Report on the current conditions of the bay • Focus on 5 key topics derived from public input sessions • Water quality • Moorings • Boating and boating safety • Shell fishing and aquaculture • Public access • Provide general recommendations and guidelines for near and long-term focus and action • Recommend a structure for finalization and successful implementation of a management plan

6. Draft Plan Outline • I.INTRODUCTION/EXECUTIVE SUMMARY • A.History and structure of the Planning Process • B.Definition of Study Area • C.Identification of Topics and Trends • D.Mission Statement and Strategic Priorities • E.Trends Analysis and Recommendations • F.Management Recommendations and Work Plans • II.HISTORY OF DUXBURY BAY • A.Archaeology and Recent Human History • B.Historic Resources • C.Geology • D.Current Bay Management • III.WATER QUALITY • IV.SHELLFISH/SHELLFISHING/AQUACULTURE • A.Shellfish • B.Shell fishing • C.Aquaculture • D.Management Plan And Recommendations Summary • V.BOATING AND SAFETY • VI.MOORINGS

7. Draft Plan Outline • VII.PUBLIC/PRIVATE ACCESS • A.Public/Private Rights • B.Scenic and Visual Access to the Bay • C.Boat ramps/Town Landings/Ways To the Water • D.Navigational Dredging (& beneficial use of dredge spoils) • E.Parking • F.Management Plan and Recommendations Summary • VIII.RESTORATION PROJECTS • A.Existing Project Opportunities • IX.MANAGEMENT IMPLEMENTATION PLAN • A.Existing Conditions and Trends • B.Trends Analysis and Recommendations • C.Organizational Structure • D.Emergency Disaster Response Planning • E.Education • F.Future Studies • G.Strategy For Adoption Of Plan • H.Funding Program • I.Management Recommendations and Action Plan • X.APPENDICES • A.Resources • B.Figures/Maps/Pictures • C.Glossary

8. Committee Findings • Duxbury Bay is relatively unique and remains a healthy and vibrant ecosystem. • Dedicated and diligent Harbormaster Department • Active committees focused on individual activity and use (ex: Shellfish Com., Beach Com.) “fragmented approach” • Limited access has provided a natural limit to over-use • Mounting pressures from an increase in activities and uses threaten the health and serenity of the Bay • No single town committee or department views represents all interests of the Bay • New need for “integrated approach” • Example: Recent aquaculture moratorium

9. Proposed Articles • Article 23 – applies to General By-Laws • Establish a “Duxbury Bay Management Commission” • Amend Duxbury General By-Law toenableDuxbury Bay Management Commissionto adviseon new Bay related activities • Advisory only; no regulatory authority • Article 24 – applies to Zoning By-Laws • Amend Duxbury Zoning By-Laws to enableDuxbury Bay Management Commission to comment on new Bay related activities • Minimal change – inserted in existing By-Laws per same notification of other land-use boards • Advisory only; no regulatory authority

10. Summary of Article 23 “New Bay Commission” • To serve as “Keepers of the Bay” • To be advisory to existing committees and BOS • To use integrated vs. existing fragmented approach • To act as clearing house for all bay-related issues • Area: to include the Bay and surrounding coastal wetlands • Mission: To develop, implement and maintain a management plan that will enhance and preserve the ecological health, pristine waters, and natural beauty of Duxbury Bay for future generations while sustaining harmony among all its uses.

11. Summary of Article 23 cont. • Membership • Nine Members • 3-year staggered terms • Appointed by Selectmen • Members to represent varied interests including: • Aquaculture • Boating • Commercial and not-for-profit waterfront users • Ecology, shellfish, and finfish • Residents at large whose experience will enhance the diversity of the commission.

12. Summary of Article 23 (cont.) • Power and Duties: • Finalize, implement, and maintain management plan as living document • Evaluate and review proposed changes that affect bay • Recommend changes to regulations and policy • Provide forum for dispute resolution with recommendations to appropriate regulatory board • Explore cooperative relationship with neighboring communities • Hire staff/consultant with private and/or public funding and town meeting approval Insert “Duxbury Bay Management Commission” into the following existing General By-Law: • Duxbury General By-Law, Chapter 9 Wetlands Protection

13. Summary of Article 24“Amend Duxbury Zoning By-Laws” Insert “Duxbury Bay Management Commission” into the following existing Zoning By-Laws: • Duxbury Protective Zoning By-Law, Section 404.8 Special Permit Procedures • Duxbury Protective Zoning By-Law, Section 615.7 Required Procedures for Site Plan Review • Duxbury Protective Zoning By-Law, Section 906.4 Referral [Special Permit Procedures]

14. Article 23 - Detail 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 as follows: 6.15. Duxbury Bay Management Commission 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 selectmen shall consider individuals representing varied interests of the Bay including 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 enhance the diversity of the commission. 6.15.2 The mission of the Duxbury Bay Management Commission is: “To finalize, implement and maintain a management plan that will enhance and preserve the ecological health, pristine waters and natural beauty of Duxbury Bay for future generations while sustaining harmony among all its uses.” 6.15.3 The Duxbury Bay Management Commission shall have the following powers and duties: 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), Duxbury Conservation Commission (DCC), Zoning Board of Appeals (ZBA), Planning 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 (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 the following; • public safety, health and welfare • ecology and sensitive receptors including wildlife • uses and appropriateness of use and access • scenic views and aesthetic issues • levels of public and private services • supporting landside infrastructure 2. Based on the above evaluation, the commission shall make recommendations and comments to the responsible regulatory or policy setting authorities.

15. Article 23 - Detail continued b. 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. c. Provide a forum for dispute resolutionfor 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 uses by: • Maintaining a central repository of environmental health indicators and uses. • Providing ongoing monitoring of environmental health indicators. • 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 sources of pollution. • Providing project management to supplement existing Town staff for ecological and other Bay related projects. • Seeking funds and grants for implementation of projects. • Supporting existing and developing new education and outreach programs to: Educate the next generation of Bay stewards Inform users of their impacts and responsibilities Support Bay projects. e. 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. 2. Reviewing and updating the Plan at a minimum every five years. 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. 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 consultants using private and public grants and other appropriations. • 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 9.1.6., after the last sentence in this section: “The Duxbury Conservation Commission shall within 5 days of receiving a 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 Massachusetts General Laws or as determined by the Duxbury Conservation Commission, request that the Duxbury Bay Management Commission provide written comments and recommendations before taking final action on said request for determination or notice of intent.”

16. Article 24 - Detail • 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, “theDuxbury Bay Management Commission,” in the first sentence after “Duxbury Conservation Commission,” so the section reads: The Board of Appeals shall refer a special permit application to the Conservation Commission, the Duxbury Bay Management Commission, the Board of Health, and the Planning Board for written comments and 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 permit application to any other Town agency/board/department for comments and recommendations if it so desires before taking final action on said special permit application. • And amend Duxbury Protective Bylaw, Section 906.4 Referral, by inserting the following language, “Duxbury Bay Management Commission,” in the first sentence after “Duxbury Conservation Commission,” so the first sentence reads: 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 application to the Board of Appeals, Board of Health, Conservation Commission, Duxbury Bay Management Commission, Planning Board, Water Advisory Board and Design Review Board for written comments and recommendations before taking final action on said Special Permit application. • And amend Duxbury Protective Bylaw, Section 615.7 Required Procedures for Site Plan Review, by inserting the following language, “, the Duxbury Bay Management Commission,” in 615.7 (2.) after “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 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, the Conservation Commission, the Duxbury Bay Management Commission and the Board of Health. If the proposed activity requires a special permit, the special permit granting authority shall receive a copy of the Site Plan.

17. Conclusion • DBMSC has thoroughly reviewed the current ecological health of the Bay and its uses. • DBMSC is completing a draft report that summarizes the current conditions of the Bay and concludes that a management plan is critical to the Bay’s future. • A new Bay Commission will serve as “Keepers of the Bay,” taking a broad and integrated view of uses, activities, and Bay issues and their overall impact on the Bay. • A new Bay Commission will serve to advise and assist existing town committees and boards and help manage and protect one of Duxbury’s most valuable resources.

18. Town Committees/Boards Support • Board of Selectmen • Conservation Commission • Planning Board • Zoning Board of Appeals • Finance Committee • Harbormaster Department

19. Duxbury Bay Management Study Committee