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News/Events - Meeting Minutes

Members Present: Mr. Stewart, Chairman, Mr. Bjorklund, Mr. Greenbaum, Mr. Jones, Mr. Snow, Mr. Urbanski

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

Agenda: Haufler, Lots 2 & 3 Peggotty Beach Road, withdrawn. Motion to accept the agenda as amended Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

CORRESPONDENCE
March 4, 2008 – March 18, 2008
1. DEP re: Waterways Program – by April 12, 2008 –comments - Satuit Waterfront Club, to install and maintain steel mooring piles
2. Division of Marine Fisheries re: Cronin, 5 Dartmouth St. – 7 concerns (e-mailed to members and CLE) (in file)
3. Zoning Board of Appeals Agenda for March 20, 2008.
4. CLE report re: Lot 59, Crescent Ave. (e-mailed copy to members) (in file)
5. Abutter notification re: 29 Bayberry Road (in file)
6. DEP File #68-2081 – Caulfield, 486 Hatherly Road (in file)
7. DEP File #68-2082 – Levin, 40 Indian Trail Lot 13 (in file)
8. DEP File #68-2083 – McCarthy, 84 Grove Street (in file)
9. DEP File #68-2084 – Haufler, Lot 3 Peggotty Beach Road (in file)
10. DEP File #68-2085 – Haufler, Lot 2 Peggotty Beach Road (in file)
11. Joyce Builders re: Reynolds, 132 Edward Foster Rd –work plan and work limits marked (in file)
12. Ivas Environmental re: 68-2077, 123 Country Way – plan changes (in file)
13. Planning Board – Form A – Lot #3, Glades Road – hearing 3/13/08 – COMMENTS.
14. Planning Board Amended Agenda for March 13, 2008
15. Recording of Certificate of Compliance for 100 Thomas Clapp Road (in file)
16. Recording of Order of Conditions for 92 Thomas Clapp Road (in file)
17. Revised site plan and documentation for 29 Bayberry Road (in file)
18. Foundation Plan for 6 Oceanside Drive (in file)
19. Affidavit of Service for Mendlein, 73 Seaside Road (aka 66 Egypt Ave.) (in file)
20. Memo from Jennifer Sullivan re: Village at South River, 8 Dartmouth St – questioning Unit A condo floor plans. No septic design shown.
21. Memo from Jennifer Sullivan re: 25 Julian St. – told engineer to discuss proposal with DEP first regarding tank location (in file)
22. DPW re: 2008 Renewal Application for Drainlayer’s License for Pond Corp - Selectmen’s approval at 3/11/08 meeting
23. DCR re: FEMA Severe Repetitive Loss Grant Program Funding Availability. Cumulative amount of claims need to be $20,000
24. Zoning Board of Appeals re: Revised Plans for the Village at South River, 8 Dartmouth St. Hearing 3/20/08.
25. Revised site plan and drainage calculations for Lot 59 Crescent Ave. (in file)
26. 77 Elm Street – Schall Update (e-mailed to members) (in file)
27. Comments from Mr. Kalishes re: 29 Bayberry Rd (e-mailed to members) (in file)
28. Note from Jennifer Sullivan re: 2 lots at Laurelwood Drive for septics—question of restricted land
29. Progress report LEC re: 90 Stockbridge Rd
30. Form A Application – Amelang, 45 Booth Hill Road – Planning Board 3/27/08 – COMMENTS by then.
31. Water Resource Committee Memo re: Harrington/Seven Hills Subdivision – concerns and recommendations(members copied) (in file)
32. Reply submitted from Ross Engineering re: Harrington/Seven Hill Subdivision to Planning Board (members copied) (in file)
33. MassWildlife News
33. Extension recording for Lot 3 Tara Road 68-1743 (in file)
34. Recording of CofC for 532 Hatherly Road 68-2042 (in file)
35. Recording of OofC for 27 Ann Vinal Road 68-2074 (in file)
36. Recording of OofC for Bylaw Only 530 Chief Justice Cushing Hwy. – SC#07-11A (in file)
37. Recording of OofC for 38 Surfside Road – 68-1431 (in file)
38. Revised plan and additional info to Carlos Pena re: Lot 59 Crescent Ave. (in file)
39. Information and pictures submitted re: Lot 2 & 3 Peggotty Beach Road (in file)
40. Gulf of Maine Times
41. DPW re: Fairbanks Trust – Form A – Comments re: Private way, etc.
42. DPW to CEI & Vine re: Gate at Musquashicut Pond – information meeting set up for May 7, 2008.
43. DPW re: Article for Stormwater Bylaw – More time required assess impact, and new director being hired by July 1 should have input.
44. Revised plans (2) for 84 Grove Street. Requesting continuation. (in file)
45. Withdrawal of application for 68-2085 Lot 2 Peggotty Beach Road (in file)
46. Withdrawal of application for 68-2084 Lot 3 Peggotty Beach Road (in file)
47. DEP File #68-2086 for Cronin, 5 Dartmouth Street (in file)
48. DEP No wetlands File # for 29 Bayberry Road assigned until proof of NOI has been mailed or hand delivered to Natural Heritage. (in file)
49. Recording of OofC for 68-2019 – 6 Lighthouse Road (in file)
50. Plymouth County Conservation District Tree, Shrub & Plant Sale 2008.
51. Atty. Brodsky re: Squeek Realty Trust. Various letters of concern. (in file)
52. Lot 59-Crescent Ave. Comments from Carlos Pena (e-mailed and copied for members) (in file)
53. 8 Dartmouth Street, Solimando – Comments from Carlos Pena (e-mailed and copied for members) (in file)
54. Marine Fisheries re: Squeek Realty Trust – concerns (copied for members)
55. Request for continuance for 77 Elm Street. (in file)
56. Scituate Marine Technology Series – Stellwagen Bank – Tuesdays, April 1 – May 6 - 6:30 p.m. – 8:30 p.m.

Correspondence: Satuit Waterfront Club needs to file; proposing 21 steel piers.
Meeting with Jason Burtner concerning gates at Musquashicut Pond and midge problem. DPW filed management plan for the pond; applied for grants; Army Corps has studied. Increase salinity, reduce midges. Install sensors for automatic gate operation. DPW plans to file in June.
Mr. Stewart e-mail from Laura Harbottle re: Hennessey input and the likelihood of crossing wetlands; wetland issues and vernal pools.
Discuss: Harrington, Chief Justice Cushing Hwy.
Currently not before us, outside the 100’ buffer zone. Wetlands redefined: if work in the area will have to file. Do we want to enlarge buffer zone close to the public water supply? Consensus: will need to submit plans for a building permit, then will discuss expansion of buffer.

Discuss: Appleton Field
Mr. Bjorklund abstained from discussion. Vinny Bucca submitted license application. Have Town Counsel review along with deed to specify what Commission’s rights are regarding access. One reason for purchase was to farm. Do not want a sublet clause. Termination 'at will' clause helps to make it a 'license'. If license agreement is ended need proper disposition of the animals. Get back to Mr. Stewart with any comments and he will submit them to Town Counsel. Warrant article was indefinitely postponed.

Discuss: Warrant Articles
Stormwater Bylaw: doesn’t affect ConCom role. Creates another layer of bureaucracy. Paul Scott believes it needs more work and should be indefinitely postponed. Planning Board voted 3 to 2 to bring to Town Meeting. Negative voters have more experience. Could add as much as $10,000 to the cost for an individual homeowner who, e.g., wants to build a garage. Also sponsored by the North & South River Watershed Association. Staff needs to look at how it will be implemented. Needs more study; no position taken. Article sets up a bylaw, then the regulations come later in the public hearing process. Regulation should go to Town Meeting. Exempts DPW.

Wetlands Hearing: Caulfield, 486 Hatherly Road (septic)
Has received Board of Health approval and DEP File number. Motion to close the hearing Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Solimando, 8 Dartmouth Street (replace docks/20 slips/boardwalk) (cont.)
Mr. Solimando and Atty. Walter Sullivan, Sr., were present at the hearing. Waterways voted favorably. Answered all of Carlos Pena’s concerns. Motion to close the hearing Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Winchester/Diamond Development, 77 Elm Street (wetland delineation)
Steve Bjorklund recused himself. Received update from Don Schall: requested John Richardson to review certain areas for wetland flag adjustments. Mr. Greenbaum requested a site visit, which hasn’t taken place yet. Motion to continue to 6:30 p.m. April 22, 2008 Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Schanze, 6 Oceanside Drive (elevate & new deck) (cont.)
Michael Ball was present at the hearing. Revised foundation plan and cover letter regarding scour issue had been submitted. Grade beams are not allowed in the V zone. The benefit is reduction of required bracing underneath the house; stiffens piers. Top of 6’x12’ beam is at 24.4’; first floor at 25.2’. Meets site plan elevation. Half of house is in V flood zone and part in A zone, behind a seawall. Under the grant program. Motion to close the hearing Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: McCarthy, 84 Grove Street (septic)
Bob Crawford, E.E.T., Inc., was present at the hearing. Abutters notification was submitted. Plans are being revised, requested a continuance. Motion to continue to 6:40 p.m. March 31, 2008 Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Haufler, Lot 2 Peggotty Beach Road (new build)
Applicant has withdrawn the project.

Wetlands Hearing: Haufler, Lot 3 Peggotty Beach Road (new build)
Applicant has withdrawn the project.

Wetlands Hearing: Cronin, 5 Dartmouth Street (ramp/pier/float, maintain retaining wall and fill)
Kevin Maguire and Mr. & Mrs. Cronin were present at the hearing. Abutters notification was submitted. Notified Marine Fisheries and Natural Heritage. Replacing a Harbormaster authorized 10A floating dock. Proposed dock and pier. 1945 or 1946 licensed a pier and float that is long since gone. 10A floating docks in 2’ of water or more. Top of piers 1’ above base flood. Submitted to Harbormaster and Waterways Committee. Mr. Pena from CLE plans to review next week. Motion to continue to 6:30 p.m. April 22, 2008 Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Minutes: Mr. Greenbaum. Lot 59 Crescent Ave. - not concerned about construction integrity, rigorous foundation; concerned about the size of the footings for the size of the deck. Footings appear to be over-designed for the size of the deck. Motion to the March 3, 2008 minutes as amended Mr. Bjorklund. Second Mr. Greenbaum. Motion passed by unanimous vote.

Frank Snow: CPC Application/Driftway: Stan Humphries helping with the Driftway Park CPC presentation. Completing Driftway trail into town, across to rail bed; designing and permitting the bridge over First Herring Brook to North River, which equals a 2 1/2 mile walk. Advisory approved, CPC approved, Selectmen did not support the bridge. At Gilson Road will split for bikes and walkers. Well received all around. The only question is the bridge. Couple of years process for permitting, access and safety issues. Design engineering and permitting $35,000. Bridge might cost $150,000 to $200,000. 100’ x 3’ $112,000 firm price. Bob Drew may allow equipment to access over his property.

Wetlands Hearing: Hermanns/c/o Cavanaro Consulting, 29 Bayberry Road (raze/rebld/septic)
Board of Health has not seen plans. Carman Hudson, Cavanaro Consulting, was present at the hearing. No green cards—hearing cannot proceed. One sheet of certificate of mailing was submitted; not acceptable. Will need to be readvertised. Rules and regs require certified mail. Can’t take testimony. Send green cards to abutters. Rescheduled hearing for 7:00 p.m. March 31, 2008.

Wetlands Hearing: Strazzula, Lot 59 Crescent Avenue (new build)*
Paul Mirabito, Ross Engineering, and Phillip Strazzula were present at the hearing. Last meeting the Commission requested reviewing the site relative to drainage. Submitted revised plans, drainage calcs, and maps showing runoff areas. Reduced cliff runoff by 74%. No underground recharge areas. Collect runoff from roof to swale into the public way on Crescent Ave. Dwelling closer to the street. Clearly meets all performance standards. Mr. Greenbaum: Open Deck within 50’ of the coastal bank; soils show capability of supporting the dwelling; still question of impact on coastal bank; why 3’x3’ footings required to support the deck? Designed by a structural engineer. Need letter from DPW stating that drainage is sufficient on Crescent Ave. Property owners abutting public ways are allowed to use utilities and drainage system and are assumed to be adequate. Part of WPA is flood protection; no flooding on abutting properties; has to work, if it doesn’t, needs to be corrected. DPW will be doing drainage improvements. Huge improvement for less impact on the bank. What will be done for the erosion at the base of the bank? Town can repair the seawall. Should have filed at least an RDA for borings within the 50’ buffer. All work in the 50’ buffer will be hand dug. Carlos Pena agreed it was better to keep water away from the bank. Plantings are mitigation for the footings in the 50’ buffer zone and to reduce human impact. Taking contaminants from the road to the drainage system. Bob Proctor, 86 Crescent Ave.: deck, footings, retaining walls and fill in the 50’ buffer zone; don’t see merit or reason; groundwater issues have not been examined. Mr. Mirabito: fill is to bring the house up to get water to the street; huge improvement to the resource area. Grades at back of house will stay the same. Actually net decrease of material in the 50’. Minimal fill in the 50’ area. Motion to continue to 7:05 p.m. on March 31, 2008 Mr. Urbanski. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Mendlein, 73 Seaside Road (aka: 66 Egypt Ave.) (additions/parking areas/drive/patio/boardwalk)
George Warner, Warner + Cunningham, Inc., Jason McNeill, Stenbeck and Taylor, and Steve Ivas, Ivas Environmental, were present at the hearing. Abutters notification was submitted. Need additional filing fees - 4 more activities. Add parking and addition to house. Proposing addition above flood plain. Parking area within breakaway walls, meet FEMA guidelines. Need structural drawings for pilings. Parking area shall be constructed with pavers at grade with a gravel drive; porch cantilevered on existing house; a granite cobble parking area and wooden boardwalk with a small terrace set in sand; storage and workroom. Resource areas: BVW, coastal beach, barrier beach, land subject to coastal storm flowage. Should be a narrative in the NOI about how the project meets the performance standards. Breakaway walls don’t meet the performance standard for a barrier beach. Walls still block sediment. FEMA guidelines apply to flooding. Barrier beach performance standards: ability for the sand to move freely with wind and wave; lattice could be used, but can’t close it off. V flood zone on a barrier beach. Structure is proposed for area where there is heavy dune grass. No foundation: all wood pilings. Long breezeway? House proposed is 140’ from one end to the other. Major impact on all the abutters; highly regulated area. Could do other things on this lot. Maximizing on this lot will not happen with this Commission. Everything is in the V zone. No vertical walls on barrier beaches. Already 65’ of gravel driveway. Marge Gorman, 69 Seaside: far too big for the area. Don Green, 63 Seaside: looks like a hotel, too massive. Motion to continue to 6:40 p.m. on April 22, 2008 Mr. Urbanski. Second Mr. Jones. Motion passed by unanimous vote.

Mr. Kalishes stepped out: Discussed the idea of a new liaison given the circumstances. Not good for anyone. Commission needs support; the point of a liaison is to work well together; smooth communications, solve problems.

Order of Conditions: Nicholson, 23 Pleasant Street (septic)
Motion to condition the project Mr. Bjorklund. Second Mr. Snow. Motion passed by unanimous vote.

Order of Conditions: Caulfield, 486 Hatherly Road (septic)
Motion to condition the project Mr. Bjorklund. Second Mr. Snow. Motion passed by unanimous vote.

Order of Conditions: Stone, Lot 2, 222 (236) Gannett Road (after-the-fact septic)
Motion to condition the project Mr. Bjorklund. Second Mr. Snow. Motion passed by unanimous vote.

Order of Conditions: Stone, Lot 3, 222 (224) Gannett Road (after-the-fact septic)
Motion to condition the project Mr. Bjorklund. Second Mr. Snow. Motion passed by unanimous vote.

Order of Conditions: Stone, Lot 4, 222 Gannett Road (after-the-fact septic)
Motion to condition the project Mr. Bjorklund. Second Mr. Snow. Motion passed by unanimous vote.

Meeting adjourned 9:45 p.m.

Respectfully submitted,
Carol Logue
Conservation Secretary