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News/Events - Meeting Minutes

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

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

Agenda: Motion to accept the agenda Mr. Stewart. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

CORRESPONDENCE
February 10, 2008 – February 23, 2009
1. Planning Board agenda for 2/12/09
2. DPW re: Drainlayer’s License – 2009 Renewal Applications – SLT Corp; Totman Enterprises; William Sestito
3. Comments from the Neil Duggan, Building Dept. re: Draft Stormwater Regs
4. The New Inlet Boating Association re: monthly meetings at Marshfield Yacht Club, 11 Ridge Rd-Brad White
5. The New Inlet Boating Association re: New Weather Station – contribution and sign
6. Revised plans for White, 797 First Parish Rd (in file)
7. Engineer’s verification re: foundation 20.98+or-msl for 14 Tenth Ave. (in file)
8. The Beacon
9. 68-37 – Private Pier & Float, 7 Berry Lane, Humarock
10. MassWildlife News
11. Recording of CofC for 68-2110 238 Central Ave. (in file)
12. E-mail re: question about shed/chicken coop near the Gulf River.
13. DEP File #68-2156 – White, 797 First Parish Rd (in file)
14. DEP File #68-2157 – c/o Cavanaro Consulting, 29 Bayberry Rd (in file)
15. DEP File #68-2158 – Snow, 35 Bayberry Rd
16. DEP File #68-2159 – Akerblom, 347 Central Ave. (in file)
17. DEP File #68-2160 – MacKenzie, 25 Bayberry Rd (in file)
18. Hennessey re: Order of Conditions – 68-2122 – Review the Orders.
19. Putnam Conservation Institute communication
20. Recording of Order of Conditions for 68-2153 – Pulit & Bonenfant, 67 Lighthouse Rd (in file)
21. Extension request for 68-1909 – 28 Tichnor Court (in file)
22. Revised plans and narrative re: Lot 57, Crescent Ave (in file)
23. Request a continuance for 30 days - Warsofsky, end of Sunset Rd (in file)
24. Ivas report re: 68-2157 – 29 Bayberry, 68-2158 – 35 Bayberry, 68-2160 – 25 Bayberry (in file)
25. Marine Fisheries re: Duval/Kent Street Corp., 150 R Front St (in file)
26. Grant Programs offered by Division of Conservation Services
27. Chapter 61 information
28. Request to postpone site walk for Saunders, Lot 7 Summer St. Applicant intends to seek mediation with the Commission (in file)
29. Solid Earth Technologies re: Walkway Foundations, boardwalks, etc.
30. Revised landscape plans for Struzzula, Lot 59 Crescent Ave.
31. Planning Board Agenda for Feb. 26, 2009
32. Revised plans and letter for Mill Wharf Marina – Duval, Kent Street Corp, 150R Front St (in file) (4 copies M,J,S,F)
33. Request for a Partial CofC for Phinney, 76 Dreamwold – 68-2138 (in file)
34. Revised plans for 25, 29 & 35 Bayberry Lane (in file – 25 Bayberry)
35. Scituate Marine Center – ADA Ramp – request to modify footings. (copied for members)
36. Marked mortgage inspection plans for 135 Oceanside Dr (in file)
37. Foundation Plans and high and low retaining wall plans for 57 Crescent Ave. (in file)
38. Request for (partial) CofC for 37 Ridge Hill Rd (in file)
39. CEI new MA office – Comprehensive Environmental Inc., 225 Cedar Hill St, Marlborough, MA 01752
40. Progress report re: 68-785 – 15 Borden Rd – Feb-March 2009 no activity
41. Request from 11 & 19 Clapp Rd for Frank Snow to cut 6 trees overhanging power lines along driveway to 19 & 21 Clapp Rd.

Correspondence: Strazzula, Lot 59 Crescent Ave submitted new planting plan.
Memo from Scituate Marine Center ADA ramp - has to be a little longer and wider, but no more pilings.
Memo from Hennessey to make clerical changes to the Order of Conditions. They called and e-mailed Mr. Urbanski. 1) outdated form from 2/08. Hoping we could use the new form. Pulled the old form, appears to say the same thing maybe a different way. Not a clerical error. If not a clerical error, appeal or file an amendment. 2) A7 page 1 – 12/8/08 was the last plan revision. Notice of Intent was submitted August 15, 2008. 3) Item B5 on page 2 indicates square footage of BVW impact 2,690 and 5,240 of replacement. Final impact is 1500 sq. ft and 2400 sq. replacement. 4) C18 page 5 is incomplete: check 1 of 2 boxes. 5) Item D2B page 7; b should be checked and 3 should say SEE ATTACHED. Orders: Special condition #64 reference should be #63. 7) all waivers requested have been granted; by accepting the plans we have accepted the waivers. Order #20: Recording within 120 days is the intention of the Commission. Not changing items #1 & 7. Changing: 2, 3, 4, 5, 6. Recording of orders within 120 days was the intent of the Commission.

Minutes: Oct. 14, 2008, Oct. 27, 2008 and Nov. 10, 2008.
Motion to accept the minutes of Oct. 14, 2008, Oct. 27, 2008 and Nov. 10, 2008 Mr. Stewart. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: MacKenzie, 25 Bayberry Rd (combined septic with 29 & 35 Bayberry)
Wetlands Hearing: Hermanns, 29 Bayberry Rd (combined septic with 25 & 35 Bayberry)
Wetlands Hearing: Snow, 35 Bayberry Rd (combined septic with 25 & 29 Bayberry)
Attorney Adam Brodsky, Bob Crawford, E.E.T. Inc. and Steve Ivas, Ivas Environmental, were present at the hearing. 4 issues of concern 1) short-term impacts; Mr. Ivas submitted construction sequence. 2) mitigation –supplement with phragmites eradication. 3) loading on the septic piping: reviewed and approved by Board of Health with deed restrictions limiting number of bedrooms for each house, meets Title V requirements.
4) inconsistencies in the wetlands line, resolved Feb. 14. Exhibit E – additional erosion control barrier, vegetation, stockpiles outside wetland areas. Removal of garage and details. Access for installation of the tanks, pressure lines, etc. will be from the south as much as possible. Stabilization includes plantings. Pipes in private way: need to create shared easements. Geoflow system has treatment. There will be a long-term maintenance program. Almost all the work is within the 50’ buffer zone. No adverse impact to the wetlands. Motion to close the hearing Mr. Stewart. Typically the policy is not to close or issue an Order of Conditions where there are still outstanding issues, such as crossing of a private way. Mr. Brodsky: standard condition to have all approvals before work begins. Costly to go to DEP with all the legal documents, better if there is an indication from the Commission that this project is approvable. If any plan changes would have to discuss with the Commission. Preference would be to close the hearing. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Request for Determination: Clarence, 135 Oceanside Dr (deck)
Mr. & Mrs. Clarence were present at the hearing. After-the-fact filing. Commission requested more information, plot plan, cross-section of piers, building permit. Mr. Kalishes had not signed off on the building permit. Resource: area subject to coastal storm flowage. Pilings are installed. Portion of deck on a concrete slab. Pier section 10’ wide. Front right portion of newer addition is on new piers. Enclosed old porch sat on concrete slab, but smaller, cantilevered out. Existing winter porch on the concrete slab; right-hand side 4 footings for new portion. After the fact building permit. Four concrete piers involved in project under Commission’s purview. Motion for a negative 2 determination - “The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent.” Mr. Stewart. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Warsofsky, end of Sunset Rd (wetland delineation) (cont.)
Just received check last week for consultant. Applicant’s representative requested a 30-day continuance. Motion to continue to April 6, 2009 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Stewart. Motion passed by unanimous vote.

Wetlands Hearing: Kent Street Corp/Duval, 150R Front St (reconfigure & replace pilings & docks) (cont.)
Attorney Adam Brodsky, David Ray, Nantasket Survey, and Ken Duval, Kent Street Corp. were present at the hearing. Replace fuel docks and pilings.
Consultant Carlos Pena requested cross sections of pilings, evaluation of design, consideration of two potential resource areas. GZA submitted a report regarding loading conditions and pile evaluation. Will use 14” piles instead of 12”. Asked for one more pile on the fuel dock. Showed height of piles to withstand 100-year flood event, 4-1/2” taller than that flood event, embedded 15’. Potential to close and vote Orders. Mr. Kalishes: typically we talk to the reviewing consultant, which hasn’t been done. Usually receive a letter from the harbormaster. Mr. Pena is on vacation. Suggested: leave the hearing open and orders could be ready that night, no time would be lost. Timetable for ordering and construction of the floats. Not prepared to issue orders tonight. Motion to continue to March 9, 2009 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Stewart. Motion passed by unanimous vote.

Wetlands Hearing: White, 797 First Parish Rd (septic) (cont.)
Phil Spath was present at the hearing. Moved system out of the 100’ buffer zone and realigned tanks. Motion to close the hearing Mr. Stewart. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: McNamara/Scituate Harbor Yacht Club, Inc., 84 Jericho Rd (maintenance dredging with beach nourishment & maintenance
repairs to existing groin and pier)
Ceasar C Duarte, CLE Engineering, was present at the hearing. Abutters notification was submitted. 1) dredge 1,039 cu yds. 2) maintain existing pier, deckway or pilings. 3) maintain existing groin and pier. Stabilize and increase elevation. Hoping to dredge this season probably October. Groin would be repaired from a barge, crane, or backhoe and a matting system would be used along the groin. Repair any loose boulders, reorient some, main footprint not to be changed.. 4’ taller with steeper sides – 11’ now, 3’ increase. Using essentially sandy material for beach nourishment for the town. Commission will need to send for a pier review. Motion to continue to 6:40 p.m. April 6, 2009 Ms. Scott-Pipes. Second Mr. Stewart. Motion passed by unanimous vote.

Request for Determination: Town of Scituate, Central Ave., between Newport & Barrett (swale to filter surface water)
Al Bangert was present at the hearing. Long-standing issue - Central Ave. flooding. Would like to create an opening in the berm to filter runoff, probably about 4’. Problem occurs in the winter, more salt that gets into the wetlands; floods back to Newell Street. Water naturally goes to the South River, there is a couple hundred yards before it reaches the river. Mr. Urbanski: Newport floods worse. Floods before the area they are working on. No berm there. Another place north of Mr. Urbanski’s. Mr. Kalishes and Mr. Bangert will take a ride out, if a simple matter can repair. DPW could submit a Notice of Intent for drainage situations, enabling corrective work. Motion for a negative 2 determination - “The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent.” Mr. Stewart. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Order of Conditions: Ocean Real Estate Investment, 98 Lawson Rd (septic)
Motion to condition the project Mr. Stewart. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: White, 797 First Parish Rd (septic)
Motion to condition the project Mr. Stewart. Second Mr. Snow. Motion passed by unanimous vote.

Spit: Mr. Jones had a meeting with several interested parties. Audubon still needs money for involvement. Mr. Urbanski: the spit is more than just a bird problem. Mr. Kalishes: the spit has become a playground for the south shore and Boston; last year we contributed to Audubon, bent the rules a little bit to give them those monies; try to increase enforcement; unhappy with letter that said if no money, send calls to Conservation office; last amount mentioned was $500. In favor of some sort of a permitting system, but too late for this season to initiate. Discussed with Officer Ted Coyle and Mark Patterson: try to plan patrolling and enforcing. Need signage - no glass, cans, no alcohol. Start with three signs. Need money, signage, education. Discussed a mailing to Marshfield Yacht Club and our local Yacht Clubs, make an announcement to increase public awareness. Maybe get Audubon to go. Mitigation from other people looking to do projects. Have to be careful getting money for off-site mitigation or possible donations. Feds can close it down; species that are protected. Large majority of families leave their trash. Mr. Snow: somehow we have to do whatever we can to protect this area; 5 or 6 times during the season are the worst; a few people ruin it for others and the birds.

Extension: 28 Tichnor Court.
Motion to extend the Order of Conditions for 3 years Mr. Snow. Second Mr. Greenbaum. Motion passed by unanimous vote.

Meeting adjourned 8:10 p.m.

Respectfully submitted,

Carol Logue
Conservation Secretary