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News/Events - Meeting Minutes

Members Present: Mr. Stewart, Chairman, Mr. Bjorklund, Mr. Greenbaum, Ms. Scott-Pipes, Mr. Snow, Mr. Urbanski.

Also Present: Vincent J. Kalishes, III, Agent, Carol Logue, Secretary

Agenda: Motion to accept the agenda as amended to include an Executive Session if needed Mr. Bjorklund. Second Mr. Snow. Motion passed by unanimous vote.

Correspondence: Harbormaster letter regarding removal of piers at the end of 238 & 242 Central Ave. He also does not approve float configuration at Squeek Realty Trust’s small marina: no parking in Scituate, but floats there. Marshfield also has issues.
Mr. Kalishes: Foundation plan for Conway building to be reviewed by Mr. Greenbaum.

CORRESPONDENCE
January 8, 2007 – January 22, 2008
1. Planning Board re: Proposed Zoning Article (Wind Energy Conversion Systems) ATM 3/08
2. Recording of Partial CofC for 68-2033 – 137 Gannett Road (in file)
3. Planning Board re: Marine Park Special Permit Public Hearings (Site Plan & Flood Plain Special Permits)
4. Murphy, Hesse, Toomey & Lehane, LLP re: Appleton Field. (e-mailed to members) (in file)
5. Progress report re: 15 Borden Road – Jan-Feb interior work only. (in file)
6. Recording of CofC for 178 Central Avenue 68-1715 (in file)
7. Planning Board re: Site Plan Special Permit Application for 5 Old Country Way
8. LEC report to DEP and copy to Commission (December) re: 90 Stockbridge Road – 68-1577
9. Foundation plan for Conway, 80 Front Street (in file)
10. NSRWA – RiverWatch Newsletter – January 2008
11. Woodard & Curran Directions Newsletter
12. Atty. Brodsky re: Waterways License Application – Squeek Realty Trust, South River - Objections to Application
13. DPW re: Comprehensive Permit – The Residence at Pier 44
14. Recording of OofC for 27 Surfside Road – 68-2067 (in file)
15. DEP File #68-2073 – Strazzula, Lot 59 Crescent Ave. (in file)
16. DEP re: Acceptance of Withdrawal of Request for Superseding OofC for 68-1957 – opp. 242 Central Ave. (in file)
17. DEP re: Acceptance of Withdrawal of Request for Superseding OofC for 68-1958 – opp. 238 Central Ave. (in file)
18. E-mail from Allan Greenberg re: impacts on train right-of-way south side of Driftway; concern about Rousseau site.
19. LEC – founder Paul Lelito formally retired; Ann M. Marton, full owner.
20. Planning Board re: Zoning Articles on Warrant for March 2008 Annual Town Meeting cont. to 2/7/08 7:00 p.m.
21. Harbormaster re: 238 Central Ave. – Request elimination of pilings at the western end of the proposed float.
22. Harbormaster re: 242 Central Ave. – Request elimination of pilings at the western end of the proposed float.
23. DPW re: Street Opening Permit #119/07 & #120/07 – permission granted to occupy portion of Front Street (#80 - #92) – given pedestrian protection.
24. Property was sold at 153 Humarock Beach to Seth P. Low & Tanya Brunner Low. (in file)
25. CD - Massachusetts Smart Growth/Smart Energy Toolkit - encourage sustainable development
26. Planning Board agenda for January 24, 2008
27. LEC report for ANRAD at Lot 3, Glades Road (e-mailed to members) (in file)
28. Revised plan for ANRAD for Lot 3, Glades Road (in file)
29. Harbormaster re: Chapter 91 licensing of floats for Squeek Realty Trust, at 1240 Ferry St., Marshfield – does not approve float configuration
30. Request for 2 week continuance. Ross Engineering hired for EO for 21 Peggotty Beach Road, more time required to comply with the Commission’s request.

Agents Report: Dias is coming in to finish Notice of Intent. Should file within the next 2 or 3 weeks.
Met with Town Counsel about Massey.
Harrington’s proposed subdivision on the west side of 3A: when first came up Mike Clark suggested extending buffer zone to include up to 200’ beyond for site specific variables. Pat Butler was present received plan from DEP. Dispute regarding wetland line. Would be controversial, significant development, drainage stopped just before buffer zone. Might have to take a vote to extend buffer zone. Will check with Town Counsel. Not a bad thing to do around the reservoir. Will put it on the agenda and notify applicant. Looking for further protection for the reservoir. Mr. Bjorklund: recused himself from voting on the increase of the buffer zone--doesn’t want to be a deciding vote.
Recommend someone support trail before Advisory Committee.

Mr. Snow: Whitcomb Pine trail has post and kiosk; almost into Whitcomb Pines; not sure how to handle. Mr. Kalishes: Whitcomb Pines’ basins look good.
E-mail from Howard & Nancy Matthews regarding permission to cut a few trees blocking Ellis Property trails. Commission has no issues.

Minutes: Motion to accept the minutes of September 10, 2007 Mr. Bjorklund. Second Mr. Snow. Motion passed by unanimous vote.
Motion to accept the minutes of September 24, 2007 Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Discuss: Laurelwood Trail – Mr. Bjorklund met with Rick Agnew. Norwell and Scituate Planning Boards approved. No approval from Selectmen, Water Dept. or Conservation. Mr. Agnew said it is not going to happen; Commission could take the money for existing trails. The Planning Boards would have to vote that condition out. May be the homeowners’ issue now; developer doesn’t care either way. Can’t maintain the trails we have. Possible uses: Appleton access, Bates Lane parking, public access. Motion to work out monetary issues and apply to other trails Mr. Snow. Second Mr. Bjorklund. Motion passed by unanimous vote.

Show Cause Hearing: Haufler, Peggotty Beach Road
Applicant’s representative requested two week continuance. Trying to determine the buffer zones and riverfront. Site is on Second Cliff. Form A came through: Mr. Kalishes commented, no building permit was pulled. Went out with bobcat, filled and cut trees.

Request for Determination: Cangemi, 11 Highland Crossing (addition)
Mr. Cangemi was present at the hearing. Paid for Steve Ivas to flag wetlands. Plan shows distance from wetland resources. Detention basin that looks like a wetland is a drainage system. Push kitchen out back and family room off to the side. Mr. Bjorklund: Originally there was some condition that the homes had to be constructed 100’ apart; thinks this project will put him within 100’ of neighbor. Motion for a negative 3 determination – “The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any).” A preconstruction is required before work is begun Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote. Discuss haybale line at the preconstruction.

Wetlands Hearing: Fairbanks Trust, Glades Road (wetland delineation) (cont.)
John Cavanaro was present at the hearing. Revised plans were reviewed by LEC and they recommend acceptance of line as drawn. 4 resource areas. Mr. Bjorklund: Note portion of salt marsh is not delineated. SM1 to transect #1. Shear face of ledge drops to salt marsh; very distinct. Isolated wetland and coastal bank buffer lines are not connected--should connect for clarity. Voting wetlands line, not buffer zone lines. Going to have to meet the buffer zone performance standards when they file for the project. Resource areas are correct; have to add buffer zones at the time of the filing. Add stamp from surveyor. Motion to close the hearing Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Nicholson, 23 Pleasant Street (septic) (cont.)
No BOH approval. Call to see if they are going forward with this. Motion to continue to February 4, 2008 at 6:30 p.m. Mr. Urbanski. Second Mr. Bjorklund. Motion passed by unanimous vote.

Wetlands Hearing: Bjorklund/Deer Common, 530 Chief Justice Cushing Hwy. (12 lot subdivision) (cont.)
Mr. Bjorklund recused himself. Waiting for 2 members to go on site walk with consultant—Tues., Jan. 23, 11:00 a.m.. Motion to continue to February 4, 2008 at 7:05 p.m. Mr. Urbanski. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Schlosser, 117 Lawson Road (detached garage) (cont.)
Mr. Bjorklund recused himself as abutter. Atty. Michael Hayes and Mr. & Mrs. Schlosser were present at the hearing. Revised plans show existing trees; they have no intention of removing any trees. Mr. Kalishes read through old orders: no denial for a 2-car garage. Plan reflects a one-car garage attached to existing structure. Had to stay within the existing footprint. In the previous filing the Commission was unaware that there was a man-made ceramic bottom pond, not a naturally occurring wetland. No difference, natural or manmade. Knowing the genesis of it may affect the decision. Concerns are how the pond functions, water supply, flood protection, wildlife habitat. Whole project is in the 50’ buffer. Proposed fence to limit access; open to other mitigation. Demarcation of buffer strip could allow you to approve it, can do additional plantings. Discussion for when orders are set. Shed relocation – looks like shed is getting closer, shed is on skids, no foundation. Motion to close the hearing Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Mr. Kalishes: can conduct hearings casually or seriously. At Zoning, applicant makes case, Board comments, abutters/audience comments. Don’t go back and forth. Members have two weeks to get input about orders to office. Approve as proposed, with conditions, or deny with reasons.
Town Administrator reprimanded Mr. Kalishes about Mrs. King. For some reason Mr. Kalishes gave the impression that he was running the meeting, and the bylaw was never brought up. People hear what they want to hear. Not supposed to deliberate until you set the orders. It is a give and take situation.
When the majority of the Commission feel they have enough information the hearing can be closed, unless the applicant requests closing before that time. Most of the engineers should ask if additional information is needed. Commission can deny the project for lack of information if they ask for more and it isn’t provided. If you put some orders in that the applicant doesn’t agree with, the bylaw allows for mediation, so that it isn’t forced into Superior Court, then you negotiate. Mediation can be done within 10 days or 60 days.
Notified by Town Counsel that the Proving Ground orders were appealed. Issued under bylaw too, should have just been under WPA. Appealed the fence. Haven’t seen appeal.

Wetlands Hearing: Schanze, 6 Oceanside Drive (elevate & new deck) (cont.)
Applicant’s representative requested a continuance. Motion to continue to February 4, 2008 at 7:10 p.m. Mr. Urbanski. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Order of Conditions: Braga, 81 Collier Road (addition & deck)
Mr. Stewart and Mr. Snow recused themselves. Mr. Urbanski took over as chairman. Motion to condition the project Mr. Bjorklund. Second Mr. Greenbaum. Motion passed by unanimous vote.

Mr. Snow and Mr. Stewart returned.

Order of Conditions: Blondell, 550 Hatherly Road (septic)
Sometime rewrite Condition #50 and #51. One is written as continued and one doesn’t have to be. Maintenance and fertilizers continue. Motion to condition the project Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

All should be slow release fertilizer. Doesn’t say you can’t fertilize. Mr. Bjorklund will review.

Discussed : Orders of Conditions and turnaround of projects.
Mr. Bjorklund: in Marshfield 1 member is given a project and is responsible for review and proposing orders. Seems we could do the easy septic projects that way. Mr. Kalishes: Every member of that board is an attorney or engineer. Two aspects, review the project before constructed, then public participation. May seem monotonous, but it is the process. If members are comfortable enough to be in charge of a particular project, that’s fine, but would have to set specific criteria. Have to really review, go to site, look at regulations and know what the resource areas are.
Mr. Greenbaum: can see easy ones, but continue those with no Board of Health approval. Usually there is something outstanding that requires continuance.
When Orders are written and signed, it means you know what is in them; you read them.
Mr. Greenbaum: Scituate Tavern has taken front lawn and made parking lot. Sensitive area, catch basin. Mr. Kalishes will review. Will send a letter. Flood zone, salt marsh. Either come in to make the parking area, or put a fence up.

Mr. Bjorklund: Next meeting should have updates on Show Cause Hearings.

Meeting adjourned at 8:00 p.m.

Respectfully submitted,

Carol Logue,
Secretary