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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, and Selectman Rick Murray

Agenda: Motion to accept the agenda Mr. Bjorklund. Second Mr. Greenbaum. Motion passed by unanimous vote.

CORRESPONDENCE
April 23, 2008 – May 6, 2008
1. Recording of Order of Conditions for 123 Country Way – 68-2077 (in file)
2. CZM re: Coastal and Estuarine Land Conservation Program Request for Responses for land acquisition projects.
3. Wildlands News Spring 2008.
4. Waquoit Bay National Estuarine Research Reserve Schedule of Events
5. e-mail – First Herring Brook collaboration re support for herring, eel, smelt and native fisheries. Meeting Wed., May 24, 10:00-4:00, Stellwagen Bank.
6. EPA re: adequate facilities for safe & sanitary removal and treatment of vessel sewage are reasonably available for Scituate, Marshfield, Cohasset, and the tidal portions of the North & South Rivers.
7. Request for CofC for 18 Longmeadow Road. No planting plan or plantings – No CofC
8. e-mail Adam Brodsky re: Seaside Drive (SURFSIDE ROAD) Spoke to Carlos Pena regarding boulders placed by contractor without approval (in file)
9. e-mail Adam Brodsky re: Seaside Drive (SURFSIDE ROAD) Mitchell clarified: town put boulders on property in 1991. Removed temporarily to begin project. When contractor backfilled, brought boulders back. No new material. (in file)
10. Form A Application – 134 Judge Cushing Road. Removal of cul-de-sac on northern boundary of #138.
11. Vin Bucca meeting with Mr. Stewart – discussed revisions to license. (e-mailed to members)
12. First Herring Brook Environmental Flow Goals Conference Call Meeting Notes. (on computer)
13. Draft Scope of Work First Herring Brook Environmental Flows Project. (on computer)
14. Sue MacCallum – lack of funds affect monitoring -- Fencing torn down twice, bonfires next to fencing, footprints throughout fenced area. Proposal for funding submitted April 3. Would like to investigate how to best use combined resources to protect plovers and terns.
15. Progress report re: 68-1785 – 15 Borden Road (in file)
16. Request for CofC for 68-1966 – 54 Old Oaken Bucket Rd (in file)
17. Revised plans and soil evaluation report for 29 Bayberry Road – 68-2087 (in file)
18. Letter re: 57 Mary’s Lane – regarding runoff (e-mailed to members) (in file)
19. Horsley Witten Group re: identification of all town-owned conservation properties and restrictions for Section 5 of OSRP.
20. Comments re: Peggotty Beach Web Page - Steve La Breck: time to think about the Town Way Extension road.
21. Mr. Horton re: 8 Buttonwood Lane - Steve Ivas cannot make meeting, but can attend May 19th.
22. Note re: Mr. Slocum of Inner Harbor Rd excavating sand from beach to put under his house (copied)
23. Don Schall review of Hatherly Rd – believes brook is considered perennial by DEP. (in file) (copied for members & e-mailed)
24. DEP File #68-2092 – Draper, 37 Ridge Hill Road (in file)
25. DEP File #68-2093 – Coleman, 51 Mary’s Lane (in file)
26. North River Commission re: Drinkwater, 7 Barry’s Landing – detached garage approved.
27. Cape Cod Cranberry Growers’ Association Workshop Wed., June 4th at Southers Marsh Golf Club in Plymouth. Register by May 27th.
28. River Clean Up Day – Saturday, May 17, 2008 9:00-12:00 noon.
29. Atty. Talerman re: Motzkin, et al v. Neil Duggan, et al Plymouth County Superior Court. Defendant’s Amended Administrative Record, along with the original Certification thereof.
30. MassWildlife News
31. Planning Board Agenda for May 8, 2008
32. Zoning Board Agenda for May 15, 2008-05-06
33. Ross Engineering re: 30 Inner Harbor Road (members have copies – in newest envelopes) (in file)
34. Horsley Witten Group – Driftway Bicycle/Pedestrian Trail – Segment 2 (in box)
35. BSC Group re: Driftway to First Parish Road – Revised scope and fee. (in box)
36. Coastal Engineering Company Newsletter.
37. The Beacon
38. Gary Banks e-mail re: Question of fee for refiling RDA, and what is needed to show Frank Jackson owns both parcels?
39. Lot 12 Hatherly Road - ENSR report (in file) (copied for members)
40. Request for continuance for 8 Buttonwood Lane discussion.

Agent’s Report: Town Way Extension – plowing doesn’t meet performance standards. CZM, Army Corps and DEP have been totally silent about the matter. Town has the responsibility to help people get to their property and meet public safety concerns. General resistance to moving road. Moving sediment on Inner Harbor Road is a problem. Blockage needs to be addressed. Mr. Stewart and Mr. Kalishes will investigate. Police and fire should be notified.
Peggotty Beach second meeting May 21, 2008 6:00 – 9:00 p.m. Jason Burtner and Jim O’Connor planning to attend to assist in discussion of issues. Barrier is diminishing.

Driftway Proposals: BSC submitted a revision; thought trail was all along the east side, didn’t realize it stopped at Gilson Road.

Extension: Order of Conditions for 75 River Street. Requesting 3 years. 2nd extension. Last year was for 1-year. Initially filed in 2003 right before the FIRM maps changed. Concrete pier foundation, raze/rebuild. Extensions are at the discretion of the Commission. Motion to extend the Order of Conditions for 3 years Mr. Urbanski. Second Mr. Bjorklund. Motion passed by unanimous vote.

Discuss: Hannigan, 6 Lighthouse Road: question is how to handle the garage with no freeboard; would have to go up 2 more feet; house is higher. Made builder and owner aware of flood insurance. Could grant waiver regarding freeboard; piers are on the ground. The simple answer would be to come back with a design of a minimum of 1-1/2 or 2’ of freeboard. Piers right on the street. Request an alternative design giving those specs.

Discuss: Maguire, The Spit
Steve Maguire was present to discuss the Spit. Had been at the Open Space Meeting and is involved with Audubon. Suggestion was to form a subcommittee of the Commission. Biggest concern: the summer chaos with boats, people disregarding signs, dogs running free. Need to regulate situation. Mass Audubon has insufficient funds for full-time monitoring. Commission suggested adding some other concerned groups, including the police, North & South River Watershed Association, DEP, Marine Fisheries, Harbormaster, Coastguard, and Third Cliff Association to discuss issues and possible solutions. Have officers out there for 3-day weekends. 80% of the boats don’t come from Scituate. Question of jurisdiction. Environmental Police have the most power. Tony Jones will take the lead aided by Joe Urbanski. Motion to appoint Steve Maguire as an Associate Member to help deal with problems at the Spit Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Winchester/Diamond Development, 77 Elm Street (wetland delineation) (cont.)
Mr. Bjorklund recused himself. Atty. Michael Hayes was present at the hearing. Received Don Schall’s report and revised plans at the last meeting. Believe the Commission has everything. Don Schall has been out twice; moved 4 flags; done numerous soil testings. Abutter hired a wetland scientist who concurs with both Schall and Richardson on the line. No vernal pools, no rivers. Would like to close the hearing. Commission did a site visit with Don Schall, viewed the whole property, didn’t just walk the flagged line. Mr. Schall did several test pits and showed the different soils and vegetation indicators; spent a lot of time out there. Bill Brown, Elm Street: wondered what the plans were. Only the wetland line is under consideration. Will be doing perc tests within the next few weeks, not required to contact Commission. Property is in the Water Resource Protection District, but can do test pits in the 100’ buffer. Members asked the applicant to do minimal clearing in the 100’ buffer zone. If Commission finds the whole buffer zone clear cut, can issue an Enforcement Order. Violation of the WPA is a felony, not a civil matter. Need a permit with the Board of Health for perc tests. Engineer at the perc test is paid for by the applicant, but represents the Town and reports to the Board of Health. Motion to close the hearing Mr. Greenbaum. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Hermanns, c/o Cavanaro Consulting, 29 Bayberry Road (raze/rebuild/septic) (cont.)
Carman Hudson and John Cavanaro, Cavanaro Consulting, Heidi Condon, and Atty. Charles Humphries were present at the hearing. Commission expressed concerns about the size and proximity to salt marsh. The Hermanns agreed to make drastic changes. Reduce by 320 sq ft, pulled 35.5’ from salt marsh, pulled closer to front property line, and turned. Proposed footprint completely outside the 50’ buffer zone. Concrete will be removed, wrap-around deck removed, 1 set of stairs and 1 deck. Doubled amount of plantings to 10’. Replacing failed system with tight tank. Met with Board of Health, approved location of tight tank as shown; needs state approval. Secured an approval from Zoning. Believe concerns are addressed with the redesign. Piles will be the only disturbance for the deck in the 50’ buffer. Requested Zimmer to re-evaluate the soils, not just vegetation. Appears the line is being maintained by mowing. Dwelling just encompasses the existing footprint. Remaining question is the deck, which is 97% in the 50’ buffer. Charles Humphries: existing deck at elevation 10.5’ proposed at 13’. Question about historical salt marsh needs resolution; if previously altered, would want it returned to marsh. Water goes right up against the foundation. No fill proposed. According to soil logs, doesn’t look like salt marsh; seasonal groundwater is at 24”. Location of pilings has changed, but intent is the same; roughly same amount of piles. Mr. Snow: Would like to see the final foundation plan for the house and deck. Anything proposed for the planting strip? Might want area blocked off and allowed to be natural, if prone to turning into salt marsh. Septic will be abandoned, existing tank filled with sand. Significant improvements made. Existing 279’ crushed parking area moved beside proposed garage. Septic tank needs to be shown on plan. No lattice under the deck. Mr. Humphries stated that it could be assumed the whole area is salt marsh. Creating substantial salt marsh (500 to 600 sq. ft) for mitigation. Motion to continue to 6:30 p.m. June 2, 2008 Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: McLaughlin, Lot 12 off Hatherly Road (wetland delineation) (cont.)
Steve Bjorklund recused himself. Edward McLaughlin was present at the hearing. Received Don Schall’s report tonight. Motion to continue to 6:45 p.m. May 19, 2008 Mr. Urbanski. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Mazzola, 30 Inner Harbor Road (elevate) (cont.)
Paul Mirabito, Ross Engineering, and John Queen were present at the hearing. Cost prohibitive for piles compared to concrete piers. Question of effect of digging for the concrete piers on the stability of the dune? All loose sand, only do 1 or 2 piers at a time; start at the front. Piers are so close together, all the material in the square will be disturbed. Piers down 6’. WPA has the primary concern as the riverfront, other resource takes a back seat. If loose sand at 6’ seems minimal, could go in one storm. Need to know whether or not the foundation is designed for that area, and whether piers are deep enough. John Queen has done several foundations on barrier beaches; meets requirements of FEMA and state building code. Structural issues with the house, sand causing rotting sills. John Queen has to state that the plan meets the performance standards of the WPA and local bylaw and stamp it, otherwise a coastal engineer or geotechnical engineer would have to certify that work won’t weaken the primary dune, affecting stability of the barrier. Claim that after job the dune will be as stable as it is now. As part of the Grant program, would like to see house elevated. If house is moved there will be damage. Mr. Mirabito thinks applicant will not go through with the project if he is told that he has to hire a geotechnical engineer. If there is a condition that he has to have a geotechnical engineer; he will have to get one. Also have an issue with the deck, which will also require a coastal engineer and a geotechnical report that can verify the impacts and alternative for the deck. Motion to continue to 6:35 p.m. June 2, 2008 Mr. Urbanski. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Draper, 37 Ridge Hill Road (septic)
Gary Walcott, Grady Consulting, was present at the hearing. Abutters notification was submitted. Septic repair. Wetlands on site. Pinebrook Consulting flagged March 25, 2008. Existing leaching trench at rear of lot and existing septic tank. Proposing 1500 gal. fiberglass tank, 2 trenches. Basement has plumbing as well, ejector pump to get waste from basement to septic. Ejector pump 37.2’ from wetland flag. Septic tank is a little more than 50’ from wetland flag; 4-bedroom. Board of Health has approved and a DEP File number has been issued. Motion to close the hearing Mr. Urbanski. Second Mr. Snow. Motion passed by unanimous vote.

Wetlands Hearing: Low, 153 Humarock Beach Road (replace and extend deck)
Dick Rockwood, Rockwood Design, and Seth Low were present at the hearing. Abutters notification was submitted. Rebuild deck on right side of house and extend deck 12’. Rip rap boulders out about 13’ or 14’ in front of house. There is no vegetation. House is at 16.3’, grade around house is 15’. Has a stamped foundation plan with him. Want the deck on sonotubes. Grassy area on side where deck will be repaired. Try not to disturb dune. 3” or 4” drop around the doors. Foundation is at 15.4’. Velocity zone on a barrier beach, elevation of that area is 15’. Questions: What waivers are you requesting from the Commission? #10. buffer zone of a BVW. Actually located in 4 resource areas. Need to indicate how project meets performance standards. Need to note exemption from stormwater policy. In this area typically require pilings—otherwise, water will come over the boulders, and then over deck right into the house. Could put a removable deck on ground level. Consider perpendicular girders, smaller joist; move deck 2’ or 3’ away from house. Mr. Kalishes: add some removable panels. Abutter would like applicant to verify and show the property line. Motion to continue to 7:05 p.m. May 19, 2008 Mr. Urbanski. Second Mr. Snow. Motion passed by unanimous vote.

Wetlands Hearing: Coleman, 51 Mary’s Lane (septic) (cont.)
Paul Mirabito, Ross Engineering, was present at the hearing. Abutter. Mary Burt, 57 Mary’s Lane: concerned about retaining wall and runoff. Top of wall is 15’ and grade is 15’. There is a swale directing water down to the buffer and into the marsh. Cannot direct water onto an abutting property. Motion to close the hearing Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Sullivan, 25 Rebecca Road (addition)
Richard Churchill, Churchill Engineering, and Mrs. Sullivan were present at the hearing. Abutters notification was submitted. 16’ x 18’ addition. Foundation to match first floor elevation, does not meet criteria for 1’ above base flood of 18’. No seawall in front of house. Living space; existing home would have to be 6’ higher if built under today‘s regulations. Raising 6’ would defeat purpose of addition. Asking for a 7’ waiver. Mr. Kalishes: very serious situation--if it was a minor variance of a few inches to a foot, it would be possible; under the CRS regs we have to enforce FEMA regulations strictly. You could ask for a map amendment. For the project to work, should consider other options. Project withdrawn without prejudice.

Driftway Trail/Mr. Stewart: Considering three bids—Horsley & Witten, BSC and Weston & Sampson, for whom Mike Clark (former Commission member) would be involved in project. Low bid is from Weston & Sampson. Removed site inspection from all three, Commission members can do inspections. Motion to recommend Weston & Sampson Mr. Urbanski. Second Mr. Bjorklund. Motion passed by unanimous vote.

Appleton Field: Mr. Bjorklund recused himself. License is not finalized. Some outstanding concerns, including possibility for termination by ConCom without compensation for work done in past. Motion to extend the license for a year Mr. Jones. Second Mr. Urbanski. Motion passed by unanimous vote.

Meeting adjourned 10:20 p.m.

Respectfully submitted,

Carol Logue
Conservation Secretary