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News/Events - Meeting Minutes

Town of Scituate
Conservation Commission
Meeting Minutes
September 29, 2008

The meeting was called to order at 6:15 p.m.

Members Present: Mr. Urbanski, Chairperson; Mr. Greenbaum; Mr. Parys; Ms. Scott-Pipes; Mr. Snow; and Mr. Stewart

Others Present: Mr. Steve Bjorklund; Mr. Allan Greenberg; and Ms. Rosemary Dobie

Also Present: Vincent Kalishes, III, Conservation Agent; and, Nancy Curran, Acting Temporary Secretary
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Agents Report:
Mr. Kalishes reported that an amendment has been requested for 133 Kent Street for higher elevation but not as high as required under the rules and regulations. Applicant must fill out forms, notify abutters, etc. MOTION to hear the amendment for 133 Kent Street made by Mr. Stewart; seconded by Ms. Scott-Pipes; and, unanimously approved.

CORRESPONDENCE
September 16, 2008 – September 29, 2008
1. Division of Fisheries & Wildlife – re: 89 Summer Street – Eastern Box Turtle area. No soil or vegetation disturbance, work, clearing, grading or other activities shall be conducted anywhere on this project site until NHESP has completed its MESA review. Applicant waived the review period until 10/6/08 in an effort to supply additional information. (in file)
2. Recording of Order of Conditions for 68-2116 – 303 Hatherly Road (in file)
3. Wildlands News
4. Planning Board re: Flood Plain & Watershed Protection District Special permit 83 Kent Street
5. Division of Fisheries & Wildlife – re: Cohasset Board of Water Commissioners – Invasive Special Control – as proposed appears to be exempt from MESA review. (in file)
6. Request for CofC for 506 Country Way – 68-2002 (in file)
7. Request for meeting re: 7 Surfside Road with the building inspector and the Conservation Agent to discuss alternatives. Would like to have Neil Murphy and architect, Heidi Condon present.
8. Recording of CofC 68-1824 – 3 Hawthorne Street – 68-1824 (in file)
9. Revised plans for 6 Town Way Revised 9/17/08 (members have) (in file)
10. McDougall re: 85 Kent St excavation portion. Contacts: Michael McDougall 781-706-9700 & David 781-801-5128. (in file)
11. John Cronin information re: Village at South River (e-mailed to members) (in file)
12. Request and pictures for CofC for 37 Egypt Ave. 68-230 $100 (in file)
13. Request for CofC for 68-1442 – 37 Egypt Ave. – engineer’s verification, $100, elevation certificate (in file)
14. Request for CofC for 68-1853 – engineer’s verification, as-built, $100 (in file)
15. Request to continue Lot 7 Summer Street to October 14 to discuss with abutter an alternative driveway location (in file)
16. Request re: Lot 59 (82) Crescent Avenue to extend the approved retaining wall on the Southerly side of his lot to support an embankment. Extension is needed to prevent potential collapse of embankment.
17. Division of Fisheries & Wildlife re: New Priority Habitat & Estimated Habitat Map of Rare Species, effective Oct. 1, 2008
18. Agricultural Commissions: Making a Difference in Our Communities – Jan. 23-24, 2009 – Crown Plaza, Worcester
19. Letter re: 37 Hawthorne Street/Mitigation project (in file)
20. DEP File #68-2126 – 83 Kent Street (in file)
21. DEP File #68-2127 – 10 Bunny Lane (in file)
22. DEP File #68-2128 – 22 Booth Hill Road (in file)
23. Letter re: Timpany’s Restoration Plan for 358 Hatherly Road – 4 concerns (in file)
24. Request to continue 8 Dartmouth Street to October 14 – waiting for consultants report (in file)
25. DPW re: Flood Plain Special Permit for 83 Kent Street: existing water service; reconnection of the sewer lateral (in file)
26. DPW: re: Accessory Dwelling Special Permit at #18 Beaver Dam Road – will require a new 1” water service for $6500.
27. Building letter re: 7 Surfside Road non-conforming lot will require a Special Permit from Zoning.
28. Amended Complaint re: Herring Brook (copied to Commission from Kim Donovan)
29. Pro Bark Inc. re: silt fence varieties
30. CWRP - $3,500 for the Town of “Marshfield” for Musquashicut Pond Marsh Restoration (called left message 9/24/08)
31. Comments re: Animal Shelter from DPW
32. Benefits of Filing Wetland Permit ltr. from DEP
33. License Agreement Appleton Field and Town of Scituate
34. Musquashicut Pond Grant Award Letter fr: CWRP
35. Beals & Thomas mailing
36. Progress report re: 15 Borden Rd.
Minutes of September 29, 2008 2

Correspondence:
Mr. Kalishes discussed correspondence received and reported that a meeting titled “Ocean Planning Alert” will be held tomorrow night in Plymouth and the following night in Norwell.

Mr. Kalishes discussed a request for an Emergency Order for 22 Ocean Front St. and distributed copies of the plan to Conservation Commission members to review. The applicant wants this project done before storm season. MOTION to approve the Emergency Order for 22 Ocean Front Street made by Mr Snow; seconded by Mr. Stewart; and, unanimously approved.

Mr. Kalishes reported that there was a problem at Proctor’s, Lot 57 Crescent Ave. over the weekend due to the heavy rains. Hay bales and a silt fence are to be installed to prevent further runoff. Mr. Stephen Bjorklund and Mr. Kalishes met with the Proctors regarding the problem. Mr. Greenbaum stated that until the roof, gutter and downspouts are installed on the house that runoff will continue to be a problem. Mr. Kalishes reported that the engineer will be on site during the grading of the property.

Request for Determination: Timpany, 358 Hatherly Road (restore wetland)
Mr. Fred Timpany present. A plan has been submitted by Mr. Steve Ivas, Ivas Environmental. Mr. Kalishes reported that this is a neighborhood dispute but a restoration plan was requested of Mr. Timpany. Mr. Timpany reported that he did not realize that he had to file a determination letter and apologized for not filing it sooner. Mr. Kalishes read a letter re: right of way. MOTION for a negative determination made by Mr. Stewart; seconded by Ms. Scott-Pipes; and, unanimously approved.

Wetlands Hearing: Saunders, Lot 7, Summer Street (new build) (cont.)
Applicant’s representative requested a continuance to October 14, 2008. MOTION to continue hearing to October 27, 2008 at 6:30 p.m. made by Mr. Parys; seconded by Mr. Stewart; and, unanimously approved.

Wetlands Hearing: Norton, 8 Fieldstone Road (septic) (cont.)
No Board of Health Approval. MOTION made to continue hearing to October 14, 2008 at 6:30 p.m. made by Mr. Parys; seconded by Mr. Stewart; and, unanimously approved.

Wetlands Hearing: O’Quinn, 288 Gannett Road (septic) (cont.)
No Board of Health Approval. Mrs. Scott-Pipes questioned cutting done along property line. Mr. Wolcott, Grady Consultants stated that however the Conservation Commission wants to condition the project will be acceptable. MOTION made to continue hearing to October 14, 2008 at 6:30 p.m. made by Mr. Parys; seconded by Mr. Stewart; and, unanimously approved.

Wetlands Hearing: Vickers, 6 Town Way (raze/rebuild) (cont.)
Mr. Kalishes reported a request for changes to the stone wall and top of foundation have been submitted. A revised plan is to be submitted for the revised position of the stone wall. Mr. Covell, 45 Gilson Road questioned the stone wall. Mr. Larry Burke, 44 Gilson Road questioned allowing the building within the 50 ft. buffer zone and reasons for the Conservation Commission approving this. Mr. Stewart and Mr. Urbanski stated that it is not within the 50 ft. buffer zone according to the plans. Discussion followed re: setback vs. the buffer zone. Mr. Burke questioned the grading, etc. and it was explained that grading, etc. is taken into consideration by Con Com when it reviews and deliberates the decision. Mr. Stewart explained that it is not prohibited to build in the 50 ft. buffer zone but mitigation would be required by the applicant. Discussion followed on drainage, heavy rains, grading—runoff will go into street. Mr. Greenbaum stated that this property used to be in a flood zone. MOTION to close the hearing made by Mr. Stewart; seconded by Mr. Greenbaum; and, unanimously approved.

Wetlands Hearing: Solimando, 8 Dartmouth St. (raze 3 buildings, bld. 14 units) (cont.)
Applicant requested continuance to enable consultant to submit a report. MOTION to continue hearing to October 27, 2008 at 7:00 p.m. made by Mr. Parys; seconded by Mr. Stewart; and, unanimously approved.

Wetlands Hearing: Webb, 10 Bunny Lane (septic)
Mr. Kalishes received abutters notification. Board of Health approved. Stephen Lind present for applicant and reported that the wetland line had been re-flagged by Ivas Environmental and contours extend down to that line; reviewed septic system upgrade and piers; wetland setback as far back as possible for the system; structural drawings submitted; hay bales will be installed in front of the wetlands/buffer. Mr. Greenbaum questioned the location of the hay bales at the bottom of the slope to prevent runoff. Per Mr. Lind a small excavator will be used at this site. Kathy O’Keefe, 110 Kent Street, questioned what the septic plans entail and if the piers for the addition will be close to her property and what the elevation would be. It was explained that the septic system would be installed in the front of the house. Mrs. Gillis, 15 Bunny Lane wanted to know if the project will be coming close to her property. Per Mr. Kalishes, the Conservation Commission does not have the jurisdiction of the structure being built above the foundation. Mr. Greenbaum questioned the number of piers as reported between the A-1 and S-1 plans. Mr. Lind reported that it would probably be the plan with the most piers. MOTION to close the hearing made by Mr. Stewart; seconded by Ms. Scott-Pipes; and, unanimously approved.

Wetlands Hearing: Kay, 22 Booth Hill Rd. (septic)
Mr. Kalishes received abutters notification. Mr. Gary Wolcott, Grady Consulting and Mr. Stephen Lind present for applicant. Discussion: plans show wetland delineation on right of property; proposing a 1,500 gallon septic tank; perking due to high water
Minutes of September 29, 2008 3

(found at 5 ft.); grading and limited space issues (changes would have required Board of Health variances). Board of Health approval has not been received as of today and the Health Agent is requesting additional time to review the plan. Mr. Stewart asked if the septic system could be placed near the barn. Mr. Kalishes stated that the location of the system is not the best and questioned if the leaching field could be altered/turned. Alterations to the buffer zone will only be allowed if the plan addresses the issues of best location. Mr. Wolcott will entertain the idea of relocating the system with the applicant. Discussion followed about the site: how much soil will be added; capacity; and F-1 loading rate. Mr. Lind stated that he would redesign the plan for the septic system based on the issues discussed with the Commission this evening. MOTION to continue the hearing to October 14, 2008 at 6:30 p.m. made by Mr. Parys; seconded by Mr. Stewart; and, unanimously approved.

Request for Determination: Toran, 27 Dartmouth St. (driveway improvements) (cont.)
Sally Coyle, Coyle & Caron representing applicant. It was determined by Con Com that the driveway pavers/cobbles should be set in sand; cobbles should not be mortared in. Ms. Coyle reported that no work has been done on the driveway; the applicant had planned to mortar in the cobbles but Ms. Coyle recommended a double row of cobbles or a single cobble standing up embedded in sand; and. any mortar there now is to be chipped out. Discussion continued re: elevation at the garage is fairly flat (approx. 1% pitch); flow of water over cobbles is relatively minor; the best way to install the cobbles (flush vs. vertical; double-rows; in sand vs. mortar). It was determined that the cobbles are to be installed flush with roadway in a double row and any mortar/concrete is to be removed (approx. 80 ft.) and sand installed. MOTION for a negative 3 determination with the condition that a preconstruction is required made by Mr. Stewart; seconded by Ms. Scott-Pipes; and, unanimously approved.

Wetlands Hearing: Jaquith, 154 Gannett Rd (septic)
Mr. Kalishes received abutters notification. Mr. Gary Wolcott, Grady Consulting present for applicant. Mr. Wolcott reported that the wetlands have been delineated on the plan with numbered pennants; 50 ft. wetland and 100 ft. setback on plan; plan is for a 1500 gallon tank; a concrete retaining wall below the septic system is on plan; and, three administrative comments have been received by Mr. Wolcott from the Board of Health. Mr. Stewart questioned existing concrete on plan –old basketball court, per Mr. Wolcott. Mr. Greenbaum discussed the location of the in-ground pool inside the 50 ft. wetland. Mr. Kalishes questioned the catch basin located near the pool – homemade dry well per Mr. Wolcott. MOTION to continue the hearing to October 14, 2008 at 6:30 p.m. made by Mr. Parys; seconded by Ms. Scott-Pipes; and, unanimously approved.

Amendment of Order of Conditions: Webb, 409 Country Way (deck & addition)
Mr. Kalishes received abutters notification. Tim Fitzgerald, Mass Submittals present for applicant. Discussion re: increase in size of master bedroom; sonotubes; 6 ft. deck; no impact on utilities; and within 50 ft. and 100 ft. zones. Mr. Stewart questioned the location of the tanks shown on the plan. MOTION made to close the hearing made by Mr. Stewart; seconded by Ms. Scott-Pipes; and, unanimously approved.

Wetlands Hearing: Cohasset Water Commissioners, Aaron River Reservoir (eradicate invasive
Species) (cont.)
Mr. Kalishes received abutters notification. Tom Keeffe of Tutela Engineering. Filings have been done with Cohasset, Hingham and DEP. An Endangered Species letter has been received stating that milfoil eradication will not adversely affect any endangered species. Proposing to follow the response plan written by the State that outlines the steps to be followed in this situation. Discussion about how milfoil can be transferred by boats; methods of removal: hand plucking, barrier cover placed over the milfoil to prevent growth; and the use of herbicides. A barrier cover will be used – the size of the tarps will depend on the environmental service requirements. Discussion about how access to the area will be obtained – via the dam, boat ramps, etc. MOTION made to close the hearing made by Mr. Stewart; seconded by Ms. Scott-Pipes; and, unanimously approved.

Wetlands Hearing: Scott-Beatty, 400 Country Way (septic)
Ms. Scott-Pipes recused herself from this hearing (neighbor) and left hearing room. Mr. Kalishes received abutters notification. Mr. Brad Holmes, Environmental Consulting & Restoration, LLC presenting for applicant. Discussion followed re: vegetative wetland; stream; in 100 ft. buffer zone; work to be done in 50 ft. buffer zone. Mr. Ralph Cole, Engineer spoke with Board of Health and has received verbal approval of this project. Mr. Kalishes and Mr. Holmes reviewed the wetland lines, contours and swales on the plan. Mr. Urbanski questioned the big arc on the plan – 100 ft. buffer zone, per Mr. Holmes. A DEP # is on file on the DEP website. MOTION made to continue the hearing until October 14, 2008 at 6:30 p.m. made by Mr. Parys; seconded by Mr. Greenbaum; and, unanimously approved.

Order of Conditions: Caliendo, 83 Kent Street (elevate and expand)
MOTION to accept the orders submitted made by Mr. Stewart; seconded by Ms. Scott-Pipes; and, unanimously approved.

Order of Conditions: Dell, 315 Chief Justice Cushing Hwy (addition)
MOTION to accept the orders submitted made by Mr. Stewart; seconded by Ms. Scott-Pipes; and, unanimously approved.

Order of Conditions: Geaman, 86/87 Lighthouse Road (raze/rebuild)
Discussion re: elimination of deck. Mr. Urbanski questioned the installation of organic topsoil. Mr. Kalishes reported that a landscape plan had been submitted by the applicant. MOTION to accept the orders as submitted made by Mr. Stewart; seconded by Ms. Scott-Pipes; and unanimously approved.
Minutes of September 29, 2008 4

Order of Conditions: Vickers, 6 Town Way (raze/rebuild)
Motion to condition the project to amend the order to shorten the stone wall by 5 to 10 ft.
MOTION to accept the orders as amended made by Mr. Stewart; seconded by Ms. Scott-Pipes; and, unanimously approved.

OTHER:

Appleton Field:
Mr. Stewart reported that he and Town Counsel had met with Mr. Bucca. The renewal of the license will be in 3 year increments beginning now. Ms. Scott-Pipes questioned if the right-of-way problem had been resolved – No, as the license agreement had to be completed first. MOTION made by Mr. Stewart to enter into a license agreement on Appleton Field with Mr. Vin Bucca beginning today, September 29, 2008 and ending September 29, 2011; seconded by Ms. Scott-Pipes; and, unanimously approved.
(Conservation Commission members signed the license agreement.)

Driftway Pedestrian/Bike Trail:
Mr. Stewart reported that he filed a grant application on the Driftway Trail. If the grant is not fully funded, CPC money will pay for the difference. Two easements taken: one from the Scituate Housing Authority, and one from Kent St. that will require Town Meeting approval. Mr. Stewart will try to get on the agenda for the Special Town Meeting proposed for November, 2008.

Musquashicut Pond:
Mr. Kalishes reported that $3,500 in grant funds are expected to be received.

Certificate of Compliance: 28 Cherry Lane
Signed by Conservation Commission members

Certificate of Compliance: 315 Country Way
Signed by Conservation Commission members

Adjourn:
MOTION to adjourn the meeting at 8:22 p.m. made by Mr. Snow; seconded by Mrs. Scott-Pipes; and unanimously approved.

Respectfully submitted,
Nancy A. Curran
Acting Conservation Secretary