Duxbury Selectboard Grapples with Earth Removal Regulations Amid Resident Concerns
Residents express frustration over truck traffic and environmental impacts while officials acknowledge need for bylaw revisions
DUXBURY - March 3 - The Duxbury Selectboard faces mounting criticism from residents over earth removal permits and regulations as ongoing construction projects create disruption in neighborhoods. At Monday's meeting, Building Commissioner Jim Wasielewski presented a detailed timeline of earth removal permits issued for projects on Teakettle Lane and Modoc Street, while residents voiced concerns about truck traffic, noise, and environmental impacts.
Wasielewski explains that two earth removal permits were issued – the first in November 2022 and the second in January 2023 – allowing for the removal of approximately 98,000 cubic yards of material from each site. Both permits have now expired, but work continues under what Wasielewski describes as allowances in the zoning bylaw.
"What they're doing now is removing land based on applications that I have for, and most of it's permitted for residential structures to be created on those lots based on that A&R plan," Wasielewski says.
This interpretation draws criticism from resident Stan Wheatley, who argues that the town is misinterpreting its own bylaws.
"It's a mistake to say that [the exemption] applies to earth removal. Section 611 only governs clearing and grading. It does not govern removal," Wheatley states. "Removal is governed exclusively by Section 8. And there is no such exemption in Section 8."
Several board members acknowledge problems with the current regulations. Amy MacNab notes, "We're in a Zone 2 here. We're in the Aquifer Protection Overlay District, and there's a whole section in our by-law that is much more restrictive in this zone for very good, solid scientific reasons for groundwater protection."
Fernando Guitart adds, "By the looks of it, there will always be somebody with a fine legal mind that will look at our zoning by-laws and find a way around it. But we need to do a far better job in sharpening our by-laws to prevent this from happening."
Residents living near the construction sites describe significant disruptions to their daily lives. Sigrid Wheatley, who lives on Tremont Street, expresses concerns about public safety with hundreds of trucks passing through Cox Corner daily.
"The overall concern that I have is with public safety," she says. "Every single truck comes through Cox Corner, which everyone knows is a dicey intersection on a good day."
Another resident, Tess from Teakettle Lane, describes the impact on her home. "These earth removal operations, you can't even imagine the impact that it's had on our lives. I'm unable to work from home," she says. "My house shook. I've had glass wears break from falling off counters. It's unimaginable."
Bo Boynton of Duxbury Construction Company, the contractor handling the earth removal, defends the work as necessary for beach nourishment projects.
"Starting on February 10th, my company began conducting two beach nourishment operations. The project volumes include 30,000 tons of nourishment for the Duxbury Beach Reservation and then 61,000 tons for the town of Marshfield," Boynton explains.
Wasielewski has implemented a "gentleman's agreement" with Boynton to limit truck traffic to 75 trips per day, though he acknowledges this is not regulated in the bylaws.
In other business, the MBTA Communities Working Group reports progress on preparing for a June special town meeting. Steve Gandt, chairman of the working group, outlines their schedule, which includes weekly meetings, public outreach events in late March, and finalizing a proposed overlay map and bylaw by late April.
"We are in the process of preparing and finalizing a flyer that we'll be distributing at town meeting this coming weekend," Gandt says. "We'll have a table set up for the working group to meet and hand out the flyer and engage with the community."
The Selectboard also:
- Voted unanimously not to lay out Checkerberry Circle and Sunflower Circle as public ways after hearing concerns from the Department of Public Works about maintenance challenges and the planning board's recommendation against acceptance.
- Approved a letter to the legislative delegation supporting bills to preserve remote meeting options beyond the current March 31, 2025 expiration date.
- Authorized the Town Manager to enter into a municipal aggregation contract if favorable pricing is received.
- Appointed Megan Driscoll to the MBTA Communities Working Group.
- Approved Duxbury Youth Baseball and Softball's opening day event for April 12.
Chair Michael McGee reminds residents that the Annual and Special Town Meeting will be held on Saturday, March 8, beginning at 9 a.m. at the Performing Arts Center. Check-in begins at 7:45 a.m.
The Annual Town Election is scheduled for Saturday, March 22, at the Lt. Timothy J. Steele Fieldhouse from 8 a.m. to 8 p.m. In-person early voting will take place at the town clerk's office from March 10 through March 19 during normal Town Hall business hours.
The next regularly scheduled Selectboard meeting will be on Monday, March 17, at 6:30 p.m.