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News/Events - Meeting Minutes

Also Present: Vincent J. Kalishes, III, Agent, Carol Logue, Secretary, Assoc. Member Steve Bjorklund

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

Walk-in: Amy Kwesell for owner Betty Triglia to discuss 140 River St. Draft plan by Kevin McGuire submitted. To allow the river to flow properly, looking to modify the bulkhead that was constructed without a permit. Consensus: file a Notice of Intent explaining how existing bulkhead meets performance standards and, if removed, the methodology and how it meets the performance standards. Plan to file by June 4 with hearing to be scheduled for June 18.

Request for Determination: Town of Scituate, Beaver Dam Rd (clean & line or replace water main)
Paul Scott, DPW, Gene Babin, Water Dept. and Michael Ohl from CEI were present at the hearing. Proposing to clean or replace water main - First Parish starting at Country Way to the harbor on Beaver Dam Road. Discussed possibility of using silt sock rather than haybales. Probably replacing most mains near the low area due to high groundwater. 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).” 1. Contact office before work begins to set up a preconstruction to discuss erosion control. 2. Once work begins contact office to have a site visit to determine access pits. Mr. Stewart. Second Mr. Snow. Motion passed by unanimous vote.

Request for Determination: Hamilton Co./Weinig, 146 Front St (raze/rebuild handicap ramp/install curb/landscaping)
Steve Weinig and Michael Joyce, civil engineer, Cavanaro Consulting, were present at the hearing. Coastal storm flowage area. Reconstruct sidewalks and handicap ramp, to make ADA compliant. 1,000 sq. ft. of impervious area will be removed. Transformer pad is an outstanding issue. Need condition regarding transformer pad. Motion for a negative 3 determination - If transformer pad is required to be removed the new pad should be at least at elevation 13'. Mr. Stewart. Second Mr. Snow. Motion passed by unanimous vote.

Wetlands Hearing: Griffin, 8 Driftway (stabilize bank) (cont.)
Wayne Tarvares was present at the hearing representing Rob Griffin. There was a site visit with Commission. Only change proposed is on sheet 3 regarding water over coastal bank. Same project as March 9. Deep-rooted plants on the bank, bayberry and Rosa Rugosa. Rosa Rugosa meets 6 points out of 10 for an invasive species, but works well. Motion to close the hearing Mr. Greenbaum. Second Mr. Stewart. Motion passed by unanimous vote.

Wetlands Hearing: Hawkes, 92 Gannett Rd (septic) (cont.)
Has DEP and Board of Health approval. Motion to close the hearing Mr. Stewart. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Metsisto, 19 Wood Island Rd (septic) (cont.)
Has DEP and Board of Health approval. Motion to close the hearing Mr. Stewart. Second Mr. Snow. Motion passed by unanimous vote.

Wetlands Hearing: Warsofsky, end of Sunset Rd (wetland delineation) (cont.)
Applicant requested a continuance to June 1. Motion to continue to 6:30 p.m. June 1, 2009 Mr. Stewart. Second Mr. Greenbaum. 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) (cont.)
Applicant requested a continuance. Motion to continue to 6:40 p.m. June 1, 2009 Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Akerblom, 347 Central Ave. (septic) (cont.)
Applicant requested a continuance. Motion to continue to 6:30 p.m. June 15, 2009 Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: King, 315 Central Ave. (addition) (cont.)
Applicant requested a continuance to June 15. Motion to continue to 6:40 p.m. June 15, 2009 Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Reforsado, 146 Gannett Rd (septic)
Mr. & Mrs. Reforsado were present at the hearing. Abutters notification was submitted. Falls within the 100’ buffer zone; under local bylaw only. Existing field has ledge, can’t be moved. Mounded system. Motion to close the hearing Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Show Cause Hearing: Ayers, 10 Crescent Ave.
Show Cause Hearing: Ayers, 12 Crescent Ave.
Frank Colpose, Attorney, Paul Mirabito, Ross Engineering, and the Ayers were present at the hearing. Letter was sent to his clients stating that their property is within a buffer zone. Did everything possible to comply with rules and regs. Statement made that in 2007 Jean Ouellette, Landscape Architect, Julie Johnson, architect/designer and the builder had meetings with Vin Kalishes and a determination was made with various maps that projects were not in a buffer zone and in ‘07 the building permit was issued. Throughout this process nothing inappropriate was done. Project is completed. Issues on the abutting lot have nothing to do with the Ayers. Work completed long before the Stormwater Bylaw was accepted by the town. Both homeowners did all they were told to do. Mr. Kalishes: Issue with neighborhood by abutters; whether or not a project impacts a wetland comes under the jurisdiction of the Commission. Sometimes when things are constructed there are problems after the fact. Need to find out whether these houses have impacted the wetlands below. Sit down with the neighbors and reassess grading. We have the right to ask questions and see if there is any possible mitigation. Determining existence of wetlands is the responsibility of the applicant. No one qualified actually looked at the properties. A wetland was overlooked. Seeking to mitigate the situation that has developed. A Request for Determination has been filed demonstrating there is no isolated land subject to flooding. None of the fill at the bottom was from the Ayers. Not liable or responsible for anything that has been done. Commission has to demonstrate the source of that problem. The Ayers are not in the position to spend money. No check dams put in the sewer line, which could create problems. Objective is to see what is going on and what’s causing the problems. Review the plans and look at the other lot and contact the Ayers if necessary.

Wetlands Hearing: Haufler, Lot 2 Peggotty Beach Rd (new build) (cont.)
Paul Mirabito was present at the hearing. Nothing done since the last meeting. Submitted an RDA to show that the wetland is not isolated land subject to flooding, can’t hold one-quarter inch of water. Hire a consultant to review this project, paid for by the applicant. The wetland line has been reviewed and approved by Commission. Any new information that comes in we can look at. Under town’s regs take jurisdiction over an isolated wetland, downstream flooding. Fill that was brought in on the lot has to be removed. Stake out lot. Flags pretty much mark out the property line. Make sure the flags are there. Austine Frawley, 14 Peggotty Bch Rd., restated that flooding problem didn’t start until after the fill was put in. Motion to continue to 6:45 p.m. June 15, 2009 Mr. Stewart. Second Mr. Parys. Motion passed by unanimous vote.

Wetlands Hearing: Scanzillo, Bates Lane (utility trenches)
Brendon Sullivan, Cavanaro Consulting, and Andrew Scanzillo were present at the hearing. Abutters notification was submitted. 1.6 acre lot on Bates Lane. Construct a utility trench from Clapp Rd to lot in question. Two vernal pools delineated on a previous ANRAD. Cut and cover trench. Town has a new trench bylaw, can’t leave open. Road to remain as is, potholes filled. Question of rights to improve the road. Noreen Gleason, 188 Clapp Rd, abuts Bates Lane and abuts project: her contractor was not allowed to use Bates Lane. Zoning Board of Appeals had restricted use. The Commission reiterated what the Zoning Board did. In response to Cynde Robbins, 292 Clapp Rd., noted that wetlands have been flagged. Question of ownership of Bates Lane, whether or not we can entertain a Notice of Intent. Private way with public access owned by abutters. Will try to have Town Counsel speak to the question. Mr. Kalishes: the problem is whether or not they can do it and actually construct it. We don’t grant or take away property rights. No piles of dirt on the side. Can put in orders. Mr. Kalishes: have to set orders, which are apart from the legal right to do project. Motion to continue to 6:45 p.m. June 15, 2009 Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Pizzuto, 7 Berry Lane (maintain existing wall/decks/pier/ramp/floats)
Kevin Maguire and Mr. & Mrs. Pizzuto were present at the hearing. Abutters notification was submitted. Request the Commission to issue an Order of Conditions for the existing floats, different from what was originally approved. After-the-fact filing for what is presently there. Have a consultant review--don’t want to permit something that doesn’t meet performance standards. Performance standards have changed. Kevin Maguire knows it doesn’t meet the performance standard for depth of water. There are ways to mitigate. Motion to continue to 6:45 p.m. June 15, 2009 Mr. Stewart. Second Mr. Parys. Motion passed by unanimous vote.

CORRESPONDENCE
April 7, 2009 – May 4, 2009
1. Struzzula letter re: Proctor proposal. Believes removal of paved swale caused blowout of the bank. (in file)
2. Recording of CofC for Greenberg, 510 First Parish Rd 68-1911 (in file)
3. The Beacon
4. Request for CofC – 68-2142 – 150 Rear Front St (in file)
5. Recording of CofC for 68-1044 – Cody, 32 Postscript Lane (in file)
6. DPW comment re: Common Driveway Special Permit - #770 First Parish Road – Recommend release of surety. (in file)
7. CLE Engineering re: First Herring Brook Pedestrian & Bike Bridge & approach ways: Secretary’s decision on the need for an EIR due May 22, 2009. Cost estimate $230,000.
8. Recording of OofC for Raftery, 135 River St – 68-2144 (in file)
9. Recording of OofC for Balcom, 80 Lighthouse Rd – 68-2150 (in file)
10, DEP File #68-2168 – Canale, 96 Glades Rd (in file)
11. DEP File #68-2169 – Canale, 100 Glades Rd (in file)
12. DEP File #68-2170 – Haufler, Peggotty Beach Rd (in file)
13. FY2010 – DCS Annual Grant Round – LAND & PARC Grant – LAND program provides funds to ConComs for the purchase of land – protection of sensitive water resources, etc. PARKLAND acquisition of new park development, especially on recovered brownfield site clean-up. DCS web page: www.mass.gov/eea/dcs.
14. CEI re: NOI on behalf of Conservation for removal of a portion of in-pond berm within Musquashicut Pond. $1,900. Abutter’s list and mailings will be handled by staff.
15. DEP re: Hawkes, 92 Gannett Rd – septic approval (in file)
16. Sitec re: TK O’Malley’s, 194 Front St – Building Permit, Waterways/DEP License/Army Permit/ConCom OofC Extension (in file)
17. CLE re: ENF for First Herring Brook Pedestrian Bridge (in file)
18. Recording of Partial CofC for 68-1895 – 94 Tilden Rd (in file)
19. Recording of CofC and Restrictive Covenant for 68-1777 – Walsh, 101 Border St (in file)
20. Planning Board re: Form A Plan – Kendall Village Cohasset Builders, First Parish Rd. Discussing plan 4/23/09
21. Selectmen Agenda 4/21/09
22. Planning Board Agenda for 4/23/09
23. Selectmen requesting support and assistance for the Massasoit, Marine & Environmental Education Center on Driftway
24. US Dept. of the Interior – Fish & Wildlife Service – Agreement to complete Musquashicut Pond Tidal Restoration Project
25. Certificate of Liability Insurance for Driftway Bicycle Trail (in file – 68-2109)
26. Zoning Board Agenda for April 29, 2009
27. Notification to abutters re: Scanzillo, Bates Lane (in file)
28. Work Start Notification Form re: Collins/TK O’Malley’s, 190-194 Front St (in file)
29. MassWildlife News
30. NSRWA’s 22nd Annual River Clean-Up Day – Saturday, May 9, 2009 – 9:00 a.m. – 12:00 noon.
31. Intent to Award Contract to Fredrick Jones Contracting for Herring River Watershed Drainage Improvements.
32. Coastal Connections Newsletter
33. EPA – The Local Landscape Newsletter
34. Extension Permit to May 8, 2010 from DEP for 68-1295 – Musquashicut Pond spraying (in file)
35. Letter from 10 Crescent Ave. re: letter sent for a Show Cause Hearing on May 4, 2009
36. Letter from 12 Crescent Ave. re: letter sent for a Show Cause Hearing on May 4, 2009
37. Notification to Abutters re: Reforsado, 146 Gannett Rd (in file)
38. Custom Home Design re: 2 Country Club Circle re: NOI reduced scope of work (e-mailed to members)
39. DEP File #68-2171 – Pizzuto, 7 Berry Lane (in file)
40. DEP File #68-2172 – Scanzillo, Bates Lane (in file)
41. DEP File #68-2173 – Amelang, 27 Mordecai Lincoln Rd (in file)
42. DEP File #68-2174 – Richard, 134 Judge Cushing Rd (in file)
43. Herring River Watershed Drainage Improvements
44. Request to continue Sherman, 315 Central Ave. – creative differences (at least a month)
45. Notice of Award – Driftway Bicycle/Pedestrian Trail – Phase II.
46. Recording of CofC for Dwight, 770 First Parish Rd (in file)
47. Vin Bucca re: Appleton Field License – forwarded to Joe & Mark (5/4/09 forwarded to rest of members)
48. Request for CofC for 68-730 – 230 Central Ave. (in file)
49. Notice of MEPA Site Visit for First Herring Brook Pedestrian Bridge
50. Request for continuance for 68-2161 – Scituate Harbor Yacht Club, 84 Jericho Rd (in file)
51. Recording of 68-2038 – Town of Scituate, Country Way, Driftway, Hughey Rd (in file)
52. Response to letter for Show Cause Hearing for 10 & 12 Crescent Ave. (members have) (in file)
53. Recording for 68-2147 – 32R Brunswick (in file)
54. Request for continuance for 68-2155 – End of Sunset Rd (in file)

Agents Report/Correspondence: 2 Country Club Circle – no money. Instead of a deck and addition, just putting a small addition on the right side. Motion that the work is within the scope of the original Order of Conditions Mr. Stewart. Second Mr. Parys. Motion passed by unanimous vote.
Signed final paperwork for O’Donnell property at rear of First Parish Rd. Allan Greenberg has worked tirelessly on this land.
Correspondence from Selectmen for appointments. Want to hear back from us with form completed by May 19 for members. Suggested to a couple of Selectmen that the Commission interview applicants and make recommendations, if the Commission thinks it makes sense. Interviews have to be done in a public hearing. Mr. Stewart thinks it is a great idea. Tell them what is required and involved. Selectmen don’t know what is involved. Rosemary Dobie: hasn’t seen anything in the papers about openings.
Certificate of Compliance: 22 & 16 Barry’s Landing (aka 67 Neal Gate). Issues were explained in a letter, subdivided and built several years ago. Can either sign or make them file. 15 Borden Rd; 150R Front St - dredging; Cassarino, 230 Central; Partial 38 Surfside Rd; 57 Kings Way; Hand, 264 Central Ave.
Voted extensions for 4 lots at 149 Old Oaken Bucket Rd last meeting.
14 Kimberly Rd gave one extension, nothing has changed in bylaw or WPA. Motion to extend Order of Conditions for 3 years Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Minutes: February 22, 2009, March 9, 2009, March 24, 2009
Motion to approve the minutes of February 22, 2009, March 9, 2009 and March 24, 2009 Mr. Jones. Second Mr. Stewart. Motion passed by unanimous vote.

Order of Conditions: Griffin, 8 Driftway (stabilize bank)
Old #52. indicate PE or reviewing professional will write the reports on the stabilization of the bank Mr. Stewart. Second Mr. Jones. Motion passed by unanimous vote.

Order of Conditions: Proctor, Lot 57 Crescent Ave. (new build)
Similar to Strazzula’s orders. Motion to condition the project Mr. Stewart. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: Hawkes, 92 Gannett Rd (septic)
Motion to condition the project Mr. Stewart. Second Mr. Parys. Motion passed by unanimous vote.

Order of Conditions: Metsisto, 19 Wood Island Rd (septic)
Motion to condition the project Mr. Stewart. Second Mr. Parys. Motion passed by unanimous vote.

Thursday MEPA site visit for bridge.

Meeting adjourned 8:48 p.m.

Respectfully submitted,

Carol Logue
Conservation Secretary