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News/Events - Meeting Minutes

Members Present: Mr. Urbanski, Chairman, Mr. Greenbaum, Mr. Jones, Mr. Parys, Ms. Scott-Pipes, Mr. Stewart.

Also Present: Vincent J. Kalishes, III, Agent, Carol Logue, Secretary and Selectmen Rick Murray (in and out)

Agenda: Motion to accept the amended agenda with the addition of Extension of Orders for TK’s, 194 Front Street Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Correspondence
September 3, 2008 – September 15, 2008
1. Request for CofC for 42 Moorland Road 68-1975 (in file)
2. Sept 8- Corrected Plot for 303 Hatherly Rd (in file)
3. Revised plans (9) re: Hay, 158 First Parish Rd – 68-2111 (in file)
4. South Humarock Civic Association re: thank you to Joe Urbanski for attending Information Night 7/24/08.
5. Building permits for month of August
6. Notification to abutters re: 83 Kent St (in file)
7. Request for CofC for 68-434 – 20 Ocean Front St (in file)
8. Recording information for 20 Ocean Front St 68-434; 68-2013 Partial; 68-1188 (in files)
9. Marine Fisheries – DMF News First & Second Quarter 2008
10. Request for CofC for 3 Hawthorne (in file)
11. Request for CofC Cliffs Area Sewer Project, 68-1730 (in file)
12. 83 Kent St - Stamped structural foundation plans (9) and botanist report (in file)
13. DEP File #68-2124 – 154 (or 165) Gannett Rd (in file)
14. DEP File #68-2125 – 21 Ridge Hill Rd (in file)
15. EOEA re: Open Space & Recreation Plan (in box of open space information)
16. Agenda for Planning Board – Thurs., Sept. 11, 2008
17. Planning Board re: Site Plan Special permit application 780 CJCH – Friends of the Scituate Animal Shelter. Hearing 9/25/08. Comments by 9/18/08.
18. Recording of CofC for 178 Central Ave. – 68-1715 (in file)
19. Recording of CofC for 32 Blanchard Rd – 68-1965 (in file)
20. Revised plans (2 copies and 1 to CLE) 8 Dartmouth St (aka 33 Central) (in file)
21. Scituate Harbor Yacht Club - CLE re: 2008 Float Layout plan with reconfigurations and additional ramp float
22. 86 Lighthouse Rd – Planting plan (in file)
23. Recording of CofC for 29th Tenth Ave 68-2043 (in file)
24. Deed for 86/87 Lighthouse Rd (in file)
25. Survey along Gannett Rd from the North Scituate Station to Hatherly Rd – public meeting 10/16/08 7:00 p.m. at GAR Hall
26. Request for a full CofC for 134 Central Ave. (in file)
27. Request to extend the Orders of Conditions for 167 Jericho Rd (pictures enclosed) (in file)
28. Picture of 140 River St wall (in file)
29. DPW re: Greenfield Estates Subdivision – 3 concerns: attempted on-sites with no success; at completion of on-site request an inspection report from James Engineering for review; and Board’s #28 has not been met.
30. Request to Extend Order of Conditions for 68-1859 – Collins, 190-194 Front St (in file)
31. MassWildlife News
32. EOEA - Ocean Management Plan Development Listening Session Schedule Boston 9/18 Faneuil Hall, Weymouth 9/29 Tufts Library, 46 Broad St
33. Error on page 1 of 9 on NOI for 68-2124 – 154 Gannett Rd (in file)
34. MACC 2008 Fall Programs

Extension: McLaughlin, 167 Jericho Rd – Held up in litigation for several years. Requesting 3-year extension. Last year foundation was put in and grading is complete. Most of what is under Commission’s jurisdiction is finished. Already extended the orders twice. Will loam and seed. Hay bale the entrance. Motion to extend the orders for 3 years Mr. Jones. Second Mr. Stewart. Motion passed by unanimous vote.

Extension: TK’s, 194 Front St
Similar configuration, only floating docks, with no finger piers, no slips. Commission feels changes are within the scope of the project. Anchoring the same way, same basic size, reducing the size of the project. Motion to grant a 3-year extension Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Request for Determination: Toran, 27 Dartmouth St (driveway improvements)
Chris Mcelroy was present at the hearing. Previous Enforcement Order: can’t do anything in Humarock without filing with the Commission. Intending on doing a cobblestone driveway, with cobblestone edges. Not sure how the driveway can be held. Driveway 1 foot above grade. Have Sally Coyle come in and talk about project. Issues are the curbing and the cobbles on the sides. If the curbing wasn’t in concrete, cobbles will be flush to the ground. Suggest that the Commission does not have enough information and continue to next meeting. Motion to continue to September 29, 2008 at 7:15 p.m. Mr. Parys. Second Mr. Jones. Motion passed by unanimous vote.

Show Cause Hearing: Mendlein, 73 Seaside Rd (aka 66 Egypt Ave.) (alteration of primary dune)
Mr. Kalishes spoke to real estate agent who lives next door. Just cleaned up the lot. No machinery brought in.

Wetlands Hearing: Ford, 303 Hatherly Rd (addition) (cont.)
Michael Loring was present at the hearing. The addition was shortened by 4’, project now conforms. Motion to close the hearing Mr. Stewart. Second Mr. Parys. Motion passed by unanimous vote.

Wetlands Hearing: Caliendo, 83 Kent St (elevate and expand)
Paul Mirabito, Ross Engineering, Inc., was present at the hearing. Abutters notification was submitted. Wetlands flagged. Proposing to elevate with a breakout panel foundation at elevation 16.1’. Only grading proposed is in front to accommodate stairs. Hay bale line shown. No other changes proposed. Soil tests depth of 108” and found water at 58” below grade; all gravel. Structural foundation in accordance with new building code. Additional square footage in a resource area. All proposed work virtually in the 50’ buffer zone, which overlap. Approximate square footage 800’ to 1200’, adding 400 to 500 sq. feet. Wants to put a post & rail fence along property line. Usually require more mitigation. What’s grade like now? 8’ contour, pick up to 11.3’ for the steps for fewer steps. Mitigation is elevating a home in the flood zone. Part of the reason for the fence is to keep people out of the marsh, debris comes from storms, might keep out some of the debris. FEMA panel reference is wrong. Motion to close the hearing Mr. Stewart. Second Mr. Parys. Motion passed by unanimous vote.

Wetlands Hearing: Norton, 8 Fieldstone Rd (septic)
Rick Grady, Grady Consulting, Inc., was present at the hearing. Abutters notification was submitted. Existing system to rear of property. 100’ buffer zone through middle of house, existing septic 40’ from flagged wetlands. Sandy loam; 1500 gal tank with gravity leaching configuration. Nearest point to BVW is 50’. Proposed siltation fence at the 50’ buffer zone. All work is in grassed back yard. No Board of Health approval. Motion to continue the hearing to September 29, 2008 at 6:30 p.m. Mr. Parys. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: O’Quinn, 288 Gannett Rd (septic)
Rick Grady, Grady Consulting, Inc., was present at the hearing. Abutters notification was submitted. Wetland to rear. 100’ buffer zone in rear about 15’ behind the house. Existing cesspool approx. 60’ from edge of wetland; 1500 gal tank just outside the 100’ buffer. Leaching system 68’ from edge of wetlands. Proposed siltation at limit of work, within a grassed area. Low grassed meadow (low brush) completely cut out. Not sure what was there. Shouldn’t be touching anything there. They noticed the same thing on the 23rd, was cut recently. Put a condition in the Orders: no more cutting or possibly some restoration. Replant before project starts. Will check with owner re: restoration. Motion to continue to
September 29, 2008 at 6:30 p.m. Mr. Parys. Second Mr. Stewart. Motion passed by unanimous vote.

Wetlands Hearing: Dell, 315 Chief Justice Cushing Hwy. (addition)
Steve Ivas, Ivas Environmental, and Ms. Dell were present at the hearing. Abutters notification submitted. Addition to single family dwelling outside the 50’ buffer zone. Small fringed wetland along diversion ditch. Closest point is 80’, will install erosion controls. Motion to close the hearing Mr. Stewart. Second Mr. Parys. Motion passed by unanimous vote.

Wetlands Hearing: Vickers, 6 Town Way (raze/rebuild)
Liam Vickers and Ward Eisenhauer, engineer, were present at the hearing. Abutters notification was submitted. Wetland line runs approx to the center of the existing structure, Expansion of 1100 to 1300 sq ft. Wetlands separated by Town Way. No paved areas, pea stone driveway, cobblestone edge, minor landscaping. Proposed hay bales. Mr. Greenbaum: Need assurance about the location of project in relation to flood zone. Mr. Kalishes: difference between town bench mark, based on low mean water and NGVD. Town elevation would be higher than FEMA. Contours don’t look right. Wetlands was phragmites line. Mr. Stewart: Could move house back to get out of the 50’ buffer. Trying to place where existing structure was. Ed Covell, 45 Gilson Rd, house to south: Concerned the fill in the front will direct water runoff to his property; more than doubling impervious surface; in heavy rain, property is totally flooded. If house was moved back to where existing structure is located, the increase wouldn’t impact as much. At high tide the catch basins stop working. Catch basin elevation at Ed Covell’s is lower. Sited house for some backyard, pushed back to keep neighbor’s view of marsh. Part of the house and garage comes 10’ forward of existing structure. 14’ x 14’ deck on back of house--could move the house back 14’. Mr. Kalishes: grading between 2 houses an issue--segregate the runoff to the property line. Motion to close the hearing Mr. Stewart. Need revised plans for the wall. Motion withdrawn to close the hearing. Motion to continue to September 29, 2008 at 6:30 p.m. and have orders ready Mr. Parys. Second Mr. Stewart. Motion passed by unanimous vote.

Wetlands Hearing: Hay/Duffin, 158 First Parish Rd (new build) (cont.)
Paul Mirabito, Ross Engineering, and Mr. Duffin were present at the hearing. 2 changes: added front steps and sonotubes for the deck. Motion to close the hearing Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Cohasset Water Commissioners, Aaron River Reservoir (eradicate invasive species)
Tom Keeffe, Tutela Engineering, was present at the hearing. No notification to abutters. Other towns waived notification to abutters. Removal of invasive species at Lilly Pond and Aaron River. Requesting a waiver from notifying abutters. Does the Commission want to waive the requirement? Even regular mail. If the word got out, there might be at least one person at the hearing. Week ago was before Hingham, and the week before that in front Cohasset and no one was there. That’s because the abutters were not notified. Can notify the Scituate abutters, believes a small number. All public works projects, abutters are notified. Don’t think it can be waived by the Commission. Motion to continue to September 29, 2008 at 7:50 p.m. Mr. Parys. Second Mr. Stewart. Motion passed by unanimous vote.

Wetlands Hearing: Geaman, 86/87 Lighthouse Rd (raze/rebuild) (cont.)
Herb Kuendig was present at the hearing. Reducing deck. Platform out of the door, small stairs, paver type area below. Planting pampas grasses, rosa rugosa, and developing a rain garden. Collecting roof runoff. Small drive on left hand side and parking area at garage across the street. Motion to close the hearing Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Reed, 21 Ridge Hill Rd (septic)
Phil Spath, Rosano, Davis, Spath, and Mr. Reed were present at the hearing. Abutters notification was submitted. Repair of a failed cesspool, replumbing putting in front of house, 43.5’ from wetland line. One large tree will be removed (half the on town layout and half on property). Motion to close the hearing Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Hennessey, 89 Summer St (5 duplex subdivision)
Stacey Minihan and Dave Johnston from Beals & Thomas, Inc., and Mary Ann Bailey, Steve Kosowsky and Arnold Soloway from Design/Housing, Inc. were present at the hearing. Abutters notification was submitted. 40 acre parcel with frontage at 2 locations, extensive frontage on Bates Lane, and abuts land of Maxwell Trust and Town-owned property. Five duplexes with a 695’ long cul-de-sac. In June an ANRAD was filed with an agreed-upon line. Certified vernal pools and a potential vernal pool are on the site. Proposed low impact development, fit within constraints of site. As part of the project 21.5 acres is either conveyed to Scituate or to Maxwell Trust. Creating 3 additional areas of open space. Wetland crossing required to access upland, both frontages severed by wetlands: propose crossing at narrowest location. Proposing 2 : 1 replication. Common septic within buffer zones. Also constructing detention basin in the first 375’, which will discharge into a drain line traveling into the constructed wetland. A rain garden will be constructed in the center of the cul-de-sac for roof runoff from 2 units. Kevin’s Waye is a cross-sloped roadway using country drainage. No channeling, runoff, or berms. Any overflow of basin pocket, revegetated as a wetland. Mostly stayed out of the 50’ buffer. Isolated wetland under local bylaw only. Driveway of lot 5 clips the 125’ state setback to vernal pools. Local setback is 200’.
Stacey Minihan: Wetland crossing, to be at narrowest point. Overall 2,690 sq. ft. of permanent and temporary impacts, of which 630 sq. ft represents fill. Wetland replication ratio is greater than 2 : 1 – meets bylaw requirement. Meeting all 8 performance standards. Requested waivers: buffer setback and wetlands filling in watershed protection district. 5200’ of replication. Planting plan includes dense standard wetland plants; 52 trees and 26 shrubs; reserve the right to keep some upland plants; leave stumps for habitat. In order to minimize fill, proposing retaining wall on southerly side of Kevin’s Waye. Part of Planning Board application: narrowing roadway for less pavement. Encroaching into small areas of the 125’ buffer strip to vernal pools and 50’ buffer strip. Eliminating plantings 4’ on center; heavily wooded. Minimized site development; leaving open space. Builder has built in environmentally sensitive areas. One of the reasons Hennessey’s chose them: do not clear-cut. One other request: Planning Board requires hearing as part of the Special Permit submission of conventional subdivision plan with 2 wetland crossings—would Commission allow these? Don’t deal with hypotheticals. Mr. Greenbaum: lot of impervious surfaces, driveways, turnaround areas, etc. why not a bridge over the section of wetlands? Question of tree removal in wetlands? Propose minimal removal. Had been able to do perc tests without removing trees. Could function fairly similarly to current functioning. Driveway to lot 5 some in the 125’ buffer to the vernal pool and the 100’ buffer zone. Possible for a common driveway to 4 & 5? No common driveways off of a cul-de-sac as we interpret bylaw. Enormous parking in front of garages. Not an issue, since houses are actually all outside the 100’ and 125’ buffer zones. Hoping would not need individual filings. If jurisdictional have to file. Lot 1 is the septic and Lot 5 is jurisdictional. Filed as a whole. Mr. Kalishes: Can pay additional filings fees, for all work within the 125’ and 250’ buffer zone to vernal pools, etc.; if prepared to finalize footprints, grading, utilities, water, sewer and project is completely ready to build and you won’t be changing footprints, or grading from the initial design then pay the additional filing fee. Greenbaum: less driveways, less turnarounds; 16’ and 14’ wide driveways. Require a 14’ wide driveway. Steve Kosowsky, Design Housing: The Hennsessey family is trying to use duplexes to minimize the roadway--there is a monetary responsibility in the trust to the grandkids--are trying to protect the legacy. Planning Board has been asking for low impact projects. This is not a huge bonanza for the Hennessey’s or us. The more costs that get added, the greater the fiscal risk. If it was a requirement to bridge the wetland, we couldn’t do project. Committed to having a walking trail from Summer St. up to Bates Lane. Closest point to Summer Street is 700’. Buyers are trying to get into low maintenance housing. Planning Board is having Town Counsel look over to see if they could allow a common driveway. Plan shows existing Conservation Land and Maxwell Trust land. This is a Flexible Open Space Plan. Could do a conventional subdivision. Flexible Plan allows Zoning Board to relax its rules and regs. Zoning is 1 acre lot, with 100’ frontage and 175’ of width with setbacks; flexible open space has no setbacks. Lot size goes from 40,000 to 20,000 sq. ft. Will look into pervious access to see if it would be practical. Pervious pavement would be a maintenance issue. Mr. Damrell, 41 Mount Hope Lane: Only stake found was #13. Consultant for the Planning Board walked the site. Rethink concept of spanning wetlands versus filling. Stake the crossing and a couple corners of the septic system. Need to review fee calculations -- Mr. Kalishes thinks there is more in Commission’s jurisdiction than listed. Motion to continue to October 27, 2008 at 7:30 p.m. Mr. Parys. Second Mr. Greenbaum. Motion passed by unanimous vote. Consultant should be at the hearing and members should make a site visit.

Order of Conditions: Mashfegh, 26 Gardiner Rd (septic)
Motion to condition the project Mr. Stewart. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: Caulfield, 486 Hatherly Rd (porch and retaining wall)
Motion to condition the project Mr. Stewart. Second Mr. Parys. Motion passed by unanimous vote.

Order of Conditions: Brown, 238 Central Ave. (septic)
Motion to condition the project Mr. Stewart. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: Voelger, 41 Wampatuck Ave. (elevate)
Motion to condition the project Mr. Greenbaum. Second Mr. Stewart. Motion passed by unanimous vote.

Order of Conditions: Woolf, 25 Julian St (septic)
Motion to condition the project Mr. Stewart. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: Hay, 158 First Parish Rd (new build)
Motion to condition the project Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Order of Conditions: Ford, 303 Hatherly Rd (addition)
Motion to condition the project Mr. Stewart. Second Mr. Jones. Motion passed by a vote of 5 to 1.

Order of Conditions: Reed, 21 Ridge Hill Rd (septic)
Motion to condition the project Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Shellington CofC: Building inspector - railings and decking, support not attached. Rich Zingarelli, Laura Harbottle, Commission members and Neil Duggan all told him deck could not be attached to the house. Structural beam that goes between deck and house needs space between. Deck expands beyond the length of house from seawalls along sides of house. If they change the rails and cut decking material completely to separate from house, it would be fine. Decking is attached to two separate frames. Technically it is connected with some nails. Received two engineers’ letters stating that the project was done according to the plan and the Order. From some aspects differences are better, but deck worse. Engineers misrepresented. Revise letters to state what is wrong. Most is within scope of the project. All could be solved. If engineer had spelled out changes, could have dealt with it.

Inner Harbor Road – preconstruction tomorrow. Peter Falk doing test pits before moving the house to know the depth of the footing and how much solid material is required. Down between 10’-15’.

Inspection at new marina site with clerk of the works, Al Bangert. Dust blowing everywhere.

Mr. Stewart: Mike Gallant proposed $240,000 have $200,000, strictly for the trail. Grant money he can go after, but would delay project until next spring. Asphalt went up. Need two easements.

Mr. Jones: received e-mail pictures of 140 River St. Required homeowner to retain a coastal engineer. No longer reading statement before opening and/or closing hearings. Mr. Urbanski will read when he thinks necessary.

Meeting adjourned 10:00 p.m.

Respectfully submitted,

Carol Logue
Conservation Secretary