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News/Events - Meeting Minutes

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

Also Present: Carol Logue, Secretary

Agenda: Motion to amend the agenda for an Executive Session for the purpose of discussing legal strategies; Commission won’t reconvene Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

CORRESPONDENCE
September 30, 2008 – October 14, 2008
1. Plans for plantings at Village at South River Project (in file)
2. 27 Dartmouth St. RDA follow-up fr: Coyle & Caron (in file)
3. Memo fr: Building re: Higher Regulatory Standards
4. Septic change re: 244 Gannett Rd. move tanks from front yard to rear (in file)
5. Memo re: Triglia, EO - 140 River St retaining wall. (in file)
6. Invoice mr Surveying $460 on Kent St. bike path
7. Recording of OofC and Restrictive Covenant for 1 Heritage Trail (in file)
8. Request for Extension of OofC for Nocera, 247 Central Ave. 68-1871 – pier (in file)
9. Consultant’s check for Hennessey, 89 Summer St. (letter in file)
10. Recorded OofC 68-2112, Town of Scituate, Williamsberg Lane, Country Way, Colonial Way (in file)
11. E-mail fr: J. Urbanski to Shellington, Vinny Kalishes and Rick Murray re: meeting CofC (in file)
12. Zoning Board Agenda for Oct. 16, 2008
13. E-mail fr: Al Bangert to Vinny Kalishes re: ramp paving next to travel lift
14. Revised plans (2) Jaquith, 154 Gannett Rd. Septic (in file)
15. Revised plans (2) Norton, 8 Fieldstone Rd. Septic (in file)
16. Notice-Army Corp of Engineers re: TK O’Mally’s, 190-194 Front St
17. Abutter notification for NOI – Martin, 104 Edward Foster Rd. (in file)
18. Recording of OofC for Hay, 158 First Parish Rd. (in file)
19. Recorded CofC re: 68-2030 – Shellington, 37 Hawthorne Rd. (in file)
20. E-mail fr: Ken Conway to Vinny Kalishes re: land court
21. Memo fr: Planning re: home elevation meeting October 14 at 7:00 at the GAR Hall to discuss permitting and construction phases.
22. Request for CofC for 68-2102 9 Westgate Lane (in file)
23. Recorded OofC 68-1984 - Golden, 79 Collier (in file)
24. DEP File #68-2129 – Scott-Beatty, 400 Country Way (in file)
25. DEP File #68-2130 – Cohasset Board of Water Commissioners, Aaron River Reservoir (in file)
26. Merrill Associates Newsletter – Solimando’s 14 unit condo development mentioned (in his file)
27. Recording of CofC for Sancinito, 506 Country Way – 68-2002 (in file)
28. Recording of OofC for Vickers, 6 Town Way – 68-2123 (in file)
29. Recording of OofC for Reed, 21 Ridge Hill Rd – 68-2125 (in file)
30. Recording of OofC for Grassey, Trustee, Davis Realty Trust, 9 Westgate Lane (in file)
31. Woodard & Curran Newsletter
32. Insurance Services Office re: Annual 2008 NFIP/CRS Recertification – completes recertification for 2008 (in file)
33. Amended Planning Board Agenda for Oct. 9, 2008
34. Alternative Analysis for Kay, 22 Booth Hill Rd (copied for members) (in file)
35. Solimando, Village at South River – Merrill Associates: project meets performance standards (copied for members) (in file)
36. Executive Office of Energy & Environmental Affairs – StormSmart Coasts: Implementing Coastal Floodplain Management Tools and Strategies in Pilot Communities. Proposals sought. Applications no later than 5:00 p.m. Wed., Nov. 14, 2008
37. Report re: 22 Gannett Rd – McLaughlin re: disturbed area and schedule for planting
38. Filing Fee Amendment to include the buildings in jurisdiction re: 68-2122 – Hennessey, 89 Summer St (in file)
39. Request for CofC for 9 Westgate Lane 68-2102 (letter in file)
40. Landscape design for 80 Lighthouse Rd.
41. Executive Office of Energy & Environmental Affairs – StormSmart Coasts. www.comm-pass and search for ENV 09 CZM 05. Encourages community to apply.
42. The Beacon
43. Request to continue 68-2059 – King, 133 Kent St amendment (in file) (need notification or will have to readvertise)
44. Recording for Laveroni, 315 Chief Justice Cushing Hwy – 68-2119 (in file)
45. Request to reschedule Lot 7 Summer St 68-1843 (in file)
46. DEP File #68-2131 – Dimarzio, 7 Bradford Ave. (in file)
47. Planning Board approval for 83 Kent St (in file)
48. RiverWatch Newsletter
49. MassWildlife News
50. Notification re: public meeting 10/16/08, 7:00 P.M., GAR Hall for input re: survey along Gannett Rd from No. Scituate MBTA Station to Hatherly Rd for discuss bike & pedestrian trail.
51. BVW location for proposed addition to 14 Gilson Rd for a building permit – work is more than 100’ from resource.
52. Revised plans Village at South River, 8 Dartmouth (aka 33 Central) in file)

Request for Determination: Hatherly Country Club, 667 Hatherly Rd (repair existing drainage facilities)
Barbara Thissell, engineer, Tom Stone and Rich Caughey from Hatherly Country Club were present at the hearing. Request permission to remediate a drainage situation at the 7th and 10th fairways, near Country Club Circle and the gates at Musquashicut Pond. Clay drainage pipes not functioning well. Seek to install PVC pipe at very shallow depths. Two outfalls go to pond. No outfalls to any wetland resources. One outfall to pond will be eliminated; existing outfall to brook will be eliminated. Resources: BVW and floodplain. No fill. Beyond 200’ from the stream and not within 200’ of Musquashicut Brook. Not altering water storage. No increase in grassed areas. Commissions’ concern is fertilizers going into the pond. Usually when a drainage issue is corrected, use of fungicides should decrease. Would like to know what is being used currently for pesticides and if they are going into the marsh. Man-made pond has become habitat, which is getting surface water from the golf course. There is no master plan that shows what is out there. Met out on site with Mr. Kalishes. Look at nitrogen to the resource. Not increasing nitrogen on site. Pond is on river side of the golf course. Until we begin digging, don’t know what is there. 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).” – Submit information for the Agent’s approval on the type and amount of fertilizer to determine the impact on the wetland. Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: O’Quinn, 288 Gannett Rd (septic) (cont.)
Gary Walcott, Grady Consulting, was present at the hearing. Have Board of Health approval. Motion to close the hearing Mr. Stewart. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Kay, 22 Booth Hill Rd (septic) (cont.)
Gary Walcott, Grady Consulting, was present at the hearing. Issue: placement of system. Submitted letter regarding alternatives. Submitted information showing abutters’ property. Alternative 3 is the original. Board of Health has approved. Size of system has not changed and nothing about the first submission has changed. Motion to close the hearing Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Norton, 8 Fieldstone R d (septic) (cont.)
Gary Walcott, Grady Consulting, was present at the hearing. Additional information submitted to Board of Health, regarding sieve analysis and swale. Moved system 7 or 8 ft to the left, and added swale between system and property line. Board of Health has approved. Motion to close the hearing Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Scott-Beatty, 400 Country Way (septic) (cont.)
Brad Holmes was present at the hearing, File number has been issued and Board of Health has approved. Motion to close the hearing Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Dimarzio, 7 Bradford Ave. (in-ground pool)
Brad Holmes and Mr. Dimarzio were present at the hearing. Abutters notification was submitted. Began doing work. Requested applicant to file a Request for Determination. Commission voted to require NOI. Work is within 100’ of the BVW to the north. No other wetland resources on the site. Proposed pool with patio and retaining wall (versa-lock) steps to access the lawn, proposed covered porch on sonotubes, in maintained lawn area. Also proposed reconstruction of detached garage in footprint and landscape improvements. Proposing fence on the rear property line. Do buffer zone enhancement project in area of preexisting lawn. Submitted information regarding the 8 interests of the act and analyzed the impacts. Mr. Stewart: Need to look at the performance standards of the WPA. Worked with Mr. Kalishes to develop a plan. His suggestion was to downsize the pool, pull back and plant in the area. Brought gravel to edge of lawn. Pull back, use versa lock wall and put vegetation on the other side of the wall. Ms. Scott-Pipes: Whole project is within the 50’ buffer zone; Commission very strong on the 50’ buffer zone regulation. But this wasn’t an undisturbed buffer zone. No more loss of the 50’ buffer strip. Garage that was there was just for lawn tools, really just a shed, on the same footprint. Building Inspector issued permit for garage. There are three projects involved with this filing. Garage, pool, and rip-rap, which was never permitted; implied that it was existing. Back in August he said he put rip-rap there. Approx 600 sq ft was grass, 3’ lower grade 4 or 5 months ago. Dug trench for a drainage pipe. That’s where the versa-lock wall is. BVW determined by hydrology, hydric soils, and wetland plants. Vegetated wetland partially invasive species. Wetland by definition, maintained lawn area. Applicant changed grading, disturbed flow. Small screened porch off wrap-around porch, 30’ x 16’, partly in the 50’ buffer zone. 160 sq ft of mitigation. 400 sq. ft of disturbance. Usually ask for 2 to 1 mitigation. Garage was on slab—is gone. Work out how to minimize impact. Existing deck was rotted, adding about 16’ and up side of house. Deck isn’t new. Pull the rip-rap back; increase additional wetland habitat. Mr. Stewart: could propose crushed stone area be planted? Extend area of planting. Nature of proposed steps? Bigger structure in the buffer zone than you need. Need plan for sonotubes. New safety fence has to go around the entire back yard. Pool to be fiberglass, virtually guaranteed for life; no chlorine--salt cartridge sanitizing system. Fence: combination of chain link and stockade; can leave sections a foot above the ground for wildlife. Come back to discuss disturbance in 50’ buffer zone, higher elevation, address performance standards, and mitigation, given amount of disturbance; details on sonotubes; whatever you submit is what ConCom bases decision on. Allan Greenberg, 126 Old Oaken Bucket Road: issue of rainwater and overflow; need to justify being in 50’ buffer strip. Want pool analysis to see if impervious surface can be reduced. Need alternatives analysis. Need to be realistic about what can be put in there. Reduce impact as much as possible. Motion to continue to October 27, 2008 at 6:45 p.m. Mr. Stewart. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Jaquith, 154 Gannett Rd (septic) (cont.)
Gary Walcott, Grady Consulting, was present at the hearing. Agenda typo of 7:30 instead of 6:30, suggested he wait till 7:30 p.m. Have Board of Health approval. Change to plan: swale between retaining and existing stonewall toward the driveway. Motion to close the hearing Mr. Stewart. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Martin, 104 Edward Foster Rd (remove existing septic/connect to sewer)
Stan Humphries, Senior Coastal Geologist—LEC, and John Martin were present at the hearing. Abutters notification was submitted. Resource areas: Salt marsh and behind Scituate harbor, dune, beach, land under the ocean, barrier beach, land subject to coastal storm flowage. Flood zone is AO elevation of 2’. Specific project work along an 80’ area to tie into the sewer, 2’ wide 4’deep trench, and 2-1/2” line attached to a grinder pump. Septic tank would be closed. Work would take a day or two. Will try to reuse sod. There will be no visible evidence of work on the surface. Lateral is in. Work to make the connection is outside the barrier beach, in glacial till. Steve Bjorklund: Sewer connection not in the WPA. Board of Health or Sewer Dept. issue. Executive Order 181 brings up the issue of no growth and development on a barrier beach. It is another interpretation. Positive benefit. Work is not being done on a barrier beach. Motion to close the hearing Mr. Stewart. Second Mr. Snow. Motion passed by unanimous vote.

Land: O’Donnell, Rear First Parish Rd
Allan Greenberg. 1) need approval to accept land from the Commission; 2) request the Selectmen to talk about the easement. Offered to the Commission a couple of years ago. Property is along Satuit Brook, one end abuts driveway to Senior Center and almost abuts Dunbar Lane. Ralph Cole surveyed the property. O’Donnell’s looking for a rebate, because of delay. Assessor’s Department lists property as undevelopable. Land is still worth more than $500 to the Commission. Need easement in order to have land accessible if the town were to sell the Senior Center with the access drive. It only needs to be 10’ wide. Proposing easement across the Senior Center property. Joe Urbanski discussed with Richard Murray. Send letter to Selectmen with the condition that an easement be established. Mr. Bjorklund: They should make sure before they transfer they don’t make themselves more nonconforming. Motion to send letter to the Selectmen requesting they accept the land and ask them to put an easement on the existing town property and Commission authorize reimbursement up to a $1,000, for back taxes, if necessary, subject to Town Counsel’s approval Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Extension: Nocera, 247 Central Ave. (68-1871)
Do we have a reason not to grant an extension? Attitude of the Commission 3 years ago may not be the attitude today. Motion to extend the Order of Conditions for one year Mr. Snow. Second Mr. Stewart. Motion passed by a 5 to 1 vote.

Wetlands Hearing: King, 133 Kent St (lower 1st floor elevation)
No abutters notice. Did not open hearing. Readvertise.

Michael Lesper, Landscape by J. Michael regarding 80 Lighthouse Rd. Mr. Kalishes asked him to come in to discuss cobblestone and gravel driveway with the Commission. Originally it was going to be pavers or asphalt. Replaced gravel that was there. Technically anything in that area requires at least a Request for Determination. Knock mortar out and use stone dust, but file an RDA.

Order of Conditions: Norton, 8 Fieldstone Rd (septic)
Motion to condition the project Mr. Stewart. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Order of Conditions: Webb, 10 Bunny Lane (septic)
Motion to condition the project Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Amend Order of Conditions: Webb, 409 Country Way (deck & addition)
Mr. Bjorklund brought up one of the orders. But could not change any order previously written as this is an Amendment. Motion to condition the project Mr. Stewart. Second Mr. Snow. Motion passed by unanimous vote.

Order of Conditions: Cohasset Water Commissioners, Aaron River Reservoir (eradication of invasive species)
Motion to condition the project with removal of #25. No public right of way, abuts Arrowwood. Mr. Stewart. Second Mr. Snow. Motion passed by unanimous vote.

Order of Conditions: Jaquith, 154 Gannett Rd (septic)
Motion to condition the project Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Executive Session:
Mark Stewart recused himself.
Motion to enter Executive Session to discuss strategy in respect to litigation and Commission will not reconvene Mr. Jones. Second Mr. Greenbaum. Roll call vote: Penny Scott-Pipes, yes; Scott Greenbaum, yes; Frank Snow, yes, Joe Urbanski, yes, Anthony Jones, yes.
Motion to leave Executive Session Mr. Jones. Second Ms. Scott-Pipes. Roll call vote: Penny Scott-Pipes, yes; Scott Greenbaum, yes; Frank Snow, yes, Joe Urbanski, yes, Anthony Jones, yes.

Motion to authorize to proceed as discussed in Executive Session Mr. Jones. Second Mr. Greenbaum. Motion passed by unanimous vote.

Meeting adjourned 9:02 p.m.

Respectfully submitted,

Carol Logue
Conservation Secretary