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News/Events - Meeting Minutes

Also Present: Vincent J. Kalishes, III, Agent, Carol Logue, Secretary, Assoc. Members: Allan Greenberg and Steve Bjorklund

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

Show Cause Hearing: Attorney Amy Kwesell re: 140 River St. Will file a Notice of Intent. Working with Sterling Wall who needs to review the plan and the site. River elevation discrepancies on the plan. Retaining wall put up like others around, exempt from the Rivers Protection Act.

Other 2 Show Cause hearings for Conway and Stone will be put on the agenda for June 29th. Both had legitimate reasons for nonattendance; if next meeting is missed, will proceed directly to court. Send reminder about June 29 meeting.

Show Cause Hearing: Conway, 67 Collier Rd. E-mailed - unable to attend.

Show Cause Hearing: Stone, 28 Dartmouth St. Called office - unable to attend due to previous engagement.

Request for Determination: McIntrye, 6 Seagate Circle (deck)
Tom Chamberlain, Derba Construction, was present at the hearing. Proposed deck – septic tank beneath. Hatches for maintenance and access. Resource: Land subject to coastal storm flowage, marshland behind. Area already disturbed from the septic. Will hand dig 4 sonotubes. 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. Jones. Second Mr. Snow. Motion passed by unanimous vote.

Request for Determination: Fox, 15 Musquashicut Ave (deck)
Laura and Timothy Fox were present at the hearing. Proposed deck to be on side away from Musquashicut Pond, which is across the street. One concern is the 12’ distance from the leaching field for the sonotubes. Will hand dig. 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” Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Request for Determination: Brennan, 83 Oceanside Drive (deck)
Mr. Brennan couldn’t make the meeting; Mr. McKeever, property owner, was present at the hearing. About 45’ from back of house to marsh. Resource: Area subject to coastal storm flowage. Will hand dig sonotubes. 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” Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Request for Determination: Kankanpaa, 250 First Parish Rd (septic line to tank)
Phil Spath, Spath Engineering, was present at the hearing. Board of Health has approved. 50.3’ of line to tank, septic system out of Commission’s jurisdiction. Will fill cesspool with sand or stone. 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. Jones. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Request for Determination: Haufler, Lot 2 Peggotty Beach Rd (confirm depression not ISLF) (cont.)
Applicant’s representative requested a continuance. Motion to continue to 6:30 p.m. July 13, 2009 Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Akerblom, 347 Central Ave. (septic) (cont.)
Board of Health has approved. Motion to close the hearing Mr. Greenbaum. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Amelang, 27 Mordecai Lincoln Rd (additions/septic/landscaping) (cont.)
Scott Greenbaum left the room. Attorney Adam Brodsky, Brad Holmes, Todd Amelang and mother Ruth were present at the hearing. Proposing mitigation. Reviewed all items previously discussed. Dug test pit in front, groundwater level same; lot is all lawn; shed has been there. Want to save 5’ diameter maple tree and large spruce. Aggressive mitigation. Garage will be the only storage. Tried garage under, etc.--not as good a plan. Brad put a lot of work into mitigation proposal, reduced size, and tried to figure out impervious surfaces. Alternatives considered offered no significant gains. System in front would require significant mound, maple and spruce would be lost, and the driveway wouldn’t be usable with utilities. Mr. Brodsky: separate and distinct performance standards for redevelopment project. Critical to improve on existing conditions. Upgrading the septic, removing structures within the 100’ inner riparian zone. No more lawn up to the BVW. Creating wildlife habitat, which is a principle value. Other requirement: provide mitigation, under WPA 1 : 1 mitigation. Proposing 4 : 1 mitigation within the outer riparian zone. Project easily meets the performance standards for a previously altered area for no significant impact. Pre-1996 lot, more than 100’ from the river. Single families are grandfathered under the Rivers Act. Submitted a copy of the exemptions: exemption for upgrade of septic system, if it meets Title V requirements.
Brad Holmes: mitigation--create a 50’ no disturbance zone and wildlife habitat; installing a picket fence, and removing existing irrigation pump. Will relocate Beech tree in footprint of existing septic system within the riverfront area; removing existing shed from the 100’ zone. Significant planting within the 50’ buffer zone: 12 trees, 24 shrubs, all native species, wetter species closer to the river. 5’ wide native sedge strip will be planted by a professional, in the 0-25’, and 25’-50’ with different species for different water requirements. Invasive seedlings will be controlled; no pesticides or herbicides will be used. Fairly intense mitigation plan. One additional piece of mitigation: remove existing broken-up asphalt drive, and all asphalt within the riverfront area. 4 : 1 mitigation for the intrusions into the riverfront area. Mr. Kalishes: Approval is at the issuing authority discretion; haven’t seen results of test pit done in front. Mr. Brodsky: grandfather section 10.58 – 4d3: Shall allow a single family dwelling; disagree as to what is discretionary. Is mitigation sufficient? Would provide a construction sequence if desired. Garage is on slab; crawl space under house; as little change to the grade as possible. Mr. Holmes: Nothing will be in the 100’ inner riparian zone. Edge of proposed structure is 153’ away from the river. Minimizing grading, no additional grading for driveway and house. Improving many aspects of the site. Will make a copy of the soil tests for the file. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.
Mr. Greenbaum returned.

Wetlands Hearing: King, 315 Central Ave. (addition) (cont.)
David King, Cranberry Home Builders, and John Farren, Surveyor, were present at the hearing. Stamped structural plan submitted. Property is not on a barrier beach. Flood Zone requires a foundation plan by a structural engineer. 8’ addition and garage. Addition is going where the deck is. Driveway material could be stone. Proposed deck and proposed garage, connecting house to garage. Corner of proposed deck is in the 50’ buffer. Rear deck 2 sonotubes in the 50’ buffer. Height of deck 15.5’ at first floor, natural grade is 9.5’. Consider removing the summer screen house in the buffer. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.

Wetlands Hearing: Haufler, Lot 2 Peggotty Beach Road (new build) (cont.)
Applicant’s representative requested a continuance. Motion to continue to 6:40 p.m. July 13, 2009 Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Scanzillo, Bates Lane (utility trenches) (cont.)
Brendan Sullivan, Cavanaro Consulting, and Andrew Scanzillo were present at the hearing. Cut and cover trench with silt fence between trench and BVW on south side; compacted as soon as covered up. Trenches: 36” deep, 2’ or 3’ wide. Staying within the lane, but not a straight line, to avoid tree roots. Mechanical compactor will be used. Legal issues involving right to do work not a matter for the Commission. Toll Brothers wanted to make lane wider—a much broader issue—would have had to get permission to alter the way from abutters, as well as approval from the selectmen. Up to the applicant to prove that he is in the lane. Not proposing any changes to the way. Public has the right to use the lane. Leave lane as close as you can to what it is now; it is not a street; keep integrity. Motion to close the hearing Mr. Jones. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Pizzuto, 7 Berry Lane (maintain existing wall/deck/pier/ramp/floats) (cont.)
Applicant’s representative requested a continuance. Motion to continue to 6:50 p.m. July 13, 2009 Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: Canale, 96 Glades Rd (septic)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: Canale, 100 Glades Rd (septic)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.

Order of Conditions: Medeiros, 157 Booth Hill Rd (septic)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Snow. Motion passed by unanimous vote.

Order of Conditions: Scanzillo, Bates Lane (utility trench)
Work within 100’ of a vernal pool. All work is separated by a stonewall. All work proposed in the traveled way; 2’. Motion to condition the project Mr. Snow. Second Mr. Parys. Motion passed by unanimous vote.

Order of Conditions: Akerblom, 347 Central Ave. (septic)
Put in orders: No chemical fertilizers. Motion to condition the project as amended Ms. Scott-Pipes. Second Mr. Snow. Motion passed by unanimous vote.

Order of Conditions: King, 315 Central Ave. (addition)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Snow. Motion passed by unanimous vote.

Mr. Urbanski: Monticello – Issues of dune destruction and alteration of barrier beach. Commission has jurisdiction over alterations. Mr. Kalishes: Planting stabilizes the dune; enhancing dunes with rosa rugosa or dune grass is not an alteration. If they go in with the bobcat it is our issue.

E-mail from Marine Fisheries, want to see the Spit Friday. Mr. Jones will handle.

CORRESPONDENCE
June 2, 2009 – June 15, 2009
1. John Richardson report re: Vernal Pool rear of Scituate Town Hall: Exceptional Wildlife Habitat (e-mailed to members)
2. Notice to proceed for the Herring River Watershed Drainage Improvements.
3. New England Environmental, Inc. – case studies highlighting completed projects.
4. MACC Newsletter
5. Liaison Position for Conservation – Richard W. Murray
6. Recording for Order of Conditions - Griffin, 8 Driftway – 68-2166 (in file)
7. Decision in Massey case – Dismissal - 134 Humarock Beach (in file)
8. Appeal of decision of Plymouth Superior Court to dismiss Massey, 134 Humarock Beach (in file)
9. Requests for Town Costs for Massey, 134 Humarock Beach (in file)
10. CLE response to Vine’s comments re: Maintenance Dredging, Pier & Groin Maintenance Project, Scituate Yacht Club, 84 Jericho Rd (in file)
11. Coastal Connections Newsletter
12. Planning Board Agenda for June 11, 2009
13. Zoning Board of Appeals Agenda for June 18, 2009
14. Herbicide Application Notification – approximate dates of July 6 and July 31, 2009. (in RDA file)
15. Division of Marine Fisheries re: four waterbodies containing anadromous populations that pass under Route 3A. Restriction if in-the-water work from Feb. 1-May 31. If no in-the-water work no restriction necessary.
16. Triglia/Kwesell,140 River St –requested a proposal from Stan Humphries, LEC; requesting additional time to file NOI. (in file)
17. Recording of OofC for Snyder, 10 Driftway (in file)
18. Commonwealth of Mass re: Hazard Mitigation Grant Applicants. Deadline: Friday, Oct. 30, 2009 3:00 p.m. (to Laura)
19. Recording of Partial CofC for 68-2165 – Kamp, 38 Surfside Rd (in file)
20. MACC – Membership Renewal
21. Vine Associates re: 84 Jericho Rd – Maintenance Dredging and Pier & Groin Maintenance Project – June 9 (in file)
22. CLE re: response to Vines’ comments re: 84 Jericho Rd (e-mailed to members) (in file)
23. Vine Associates comments: re: 7 Berry Lane (e-mailed to members) (in file)
24. Recording of CofC for 68-1785 - Major, 15 Borden Rd (in file)
25. The Beacon
26. Request for CofC for 16 Booth Hill Rd (in file)
27. Recording of OofC for 68-2117 – Norton, 8 Fieldstone Rd (in file)
28. Recording of Extensions for 149 Old Oaken Bucket Rd (Lot 1, Lot 2, Lot 3 & Lot 5) (in files)
29. Draft letter re: Wills Island to Mallard Decoy Club, Inc.
30. Request for full CofC for 38 Surfside Rd (68-2165) (in file)
31. Request for continuance for Pizzuto, 7 Berry Lane (in file)
32. Request for continuance for both RDA & NOI - Haufler, Lot 2 Peggotty Beach Rd (in files)
33. Letter sent from DPW to all owners of property on Town Way Extension to establish gravel surface on higher ground.

Agents Report/Correspondence: A meeting on the 22nd for Musquashicut Pond at the Library. Mr. Kalishes would like a good showing of the Commission. There are no midges, and the bird population is changing.

Minutes: Motion to accept the minutes of May 4, 2009 Mr. Parys. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Rod & Gun Club people were extremely accommodating regarding parking and leaving equipment on property while building the bridge. They are decent neighbors.

Meeting adjourned 8:45 p.m.

Respectfully submitted,

Carol Logue
Conservation Secretary