Duxbury Bay Management Study Committee

Key Messages Bay is threatened by a dramatic increase in uses Bay is threatened by a dramatic increase in uses No town entity exists that represents or integrates all interests in the Bay 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: 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 o 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

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

Island Creek Herring Run Restoration 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 Private Donor (Battelle, DBMS) 19,300 Town of Duxbury (ConCom, DPW, Town of Duxbury (ConCom, DPW, Harbormaster) 21,750 Community Volunteer Labor 21,264 Community Volunteer Labor 21,264 State Resource Agencies 7,000 State Resource Agencies 7,000 (EOEA CWRP/ Mass Bays and DMF) (EOEA CWRP/ Mass Bays and DMF) Community Preservation Act Grant $ 70,000 TOTAL $ 166,814 TOTAL $ 166,814 Construction scheduled to begin this spring! Key Environmental Health Indicator

DBMSC Objectives Develop a history and baseline of scientific data Develop a history and baseline of scientific data Report on the current conditions of the bay Report on the current conditions of the bay Focus on 5 key topics derived from public input sessions 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 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 Recommend a structure for finalization and successful implementation of a management plan

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

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

Committee Findings Duxbury Bay is relatively unique and remains a healthy and vibrant ecosystem. 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 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 No single town committee or department views represents all interests of the Bay  New need for “integrated approach”  Example: Recent aquaculture moratorium

Proposed Articles Article 23 – applies to General By-Laws Article 23 – applies to General By-Laws  Establish a “Duxbury Bay Management Commission”  Amend Duxbury General By-Law to enable Duxbury Bay Management Commission to advise on new Bay related activities  Advisory only; no regulatory authority Article 24 – applies to Zoning By-Laws Article 24 – applies to Zoning By-Laws  Amend Duxbury Zoning By-Laws to enable Duxbury 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

To serve as “Keepers of the Bay” To serve as “Keepers of the Bay” To be advisory to existing committees and BOS To be advisory to existing committees and BOS To use integrated vs. existing fragmented approach To use integrated vs. existing fragmented approach To act as clearing house for all bay-related issues To act as clearing house for all bay-related issues Area: to include the Bay and surrounding coastal wetlands Area: to include the Bay and surrounding coastal wetlands Mission: 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. 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. Summary of Article 23 “New Bay Commission” Summary of Article 23 “New Bay Commission”

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

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

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 Special Permit Procedures Duxbury Protective Zoning By-Law, Section Special Permit Procedures Duxbury Protective Zoning By-Law, Section Required Procedures for Site Plan Review Duxbury Protective Zoning By-Law, Section Required Procedures for Site Plan Review Duxbury Protective Zoning By-Law, Section Referral [Special Permit Procedures] Duxbury Protective Zoning By-Law, Section Referral [Special Permit Procedures]

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 : Duxbury Bay Management Commission 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 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.” 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; Bay related issues and proposed changes will be evaluated at a minimum in terms of impacts on the following; public safety, health and welfare public safety, health and welfare ecology and sensitive receptors including wildlife ecology and sensitive receptors including wildlife uses and appropriateness of use and access uses and appropriateness of use and access scenic views and aesthetic issues scenic views and aesthetic issues levels of public and private services levels of public and private services supporting landside infrastructure supporting landside infrastructure 2. Based on the above evaluation, the commission shall make recommendations and comments to the responsible regulatory or policy setting authorities.

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 resolution 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 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 sources of pollution. 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. 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 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. 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 , after the last sentence in this section: 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 , 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.” Article 23 - Detail continued

Article 24 - Detail To see if the town will vote to amend the Duxbury Protective Bylaw, Section Special Permit Procedures, item 1, by inserting the following language, “the Duxbury Bay Management Commission,” in the first sentence after “Duxbury Conservation Commission,” so the section reads: To see if the town will vote to amend the Duxbury Protective Bylaw, Section Special Permit Procedures, item 1, by inserting the following language, “the Duxbury 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 Referral, by inserting the following language, “Duxbury Bay Management Commission,” in the first sentence after “Duxbury Conservation Commission,” so the first sentence reads: And amend Duxbury Protective Bylaw, Section 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 Required Procedures for Site Plan Review, by inserting the following language, “, the Duxbury Bay Management Commission,” in (2.) after “the Conservation Commission” so that (2.) reads: And amend Duxbury Protective Bylaw, Section Required Procedures for Site Plan Review, by inserting the following language, “, the Duxbury Bay Management Commission,” in (2.) after “the Conservation Commission” so that (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.

Conclusion DBMSC has thoroughly reviewed the current ecological health of the Bay and its uses. 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. 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 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. 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.

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

Duxbury Bay Management Study Committee