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News/Events - Meeting Minutes

Town of Scituate
Conservation Commission
Meeting Minutes
August 24, 2009
Meeting was called to order at 6:21 p.m.
Members Present: Mr. Snow, Chairman, Mr. Bjorklund, Mr. Greenbaum, Mr. Jones, Mr. Parys, Ms. Scott-Pipes, Mr. Urbanski.

Also Present: Vincent J. Kalishes, III, Agent, Carol Logue, Secretary, Mr. Murray—Selectmen Liaison.

Agenda: Motion to accept the agenda Mr. Bjorklund. Second Ms. Scott-Pipes. Unanimous.

Request for Determination: Scituate Boat Works, 119 Edward Foster Rd (connect to sewer/water & fence)
Brian Curreri and Scott Hamernick were present at the hearing. Temporary office trailer at Marine Park needs to be connected to water and sewer and requires a permanent security fence around the property. Need some concrete footings to set posts. Entire project is under an Order of Conditions. Could say this particular component is within the scope of the project, but wanted to keep the Commission informed. This is part of the Marine Park development. Entire site has erosion controls. 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).”Subject to the other orders in place Mr. Bjorklund. Second Mr. Parys. Motion passed by unanimous vote.

Request for Determination: Cilento, 260 Central Ave. (replace revetment with pre-formed blocks)
Mark Cilento was present at the hearing. Deteriorating creosote retaining wall. Remove timbers and replace with pre-formed blocks, with internal drainage system. New height not to exceed current height. Benefit would be to remove creosote material. Mr. Kalishes: Typically removing wood and replacing with blocks would not be allowed; timbers don’t meet the performance standards, but are not impeding movement; removing timbers will result in a major disturbance. Need to know the process for removal and replacement. Couldn’t find a permit for the wall. Need info about material being used and details of installation. Would like cross-section of the walls, meeting with contractor, engineering, and plot plan. Approaching the requirements for a NOI. Allow replacement in kind. Motion to continue to September 8, 2009 Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Driftway Trail, Footbridge & Trail Connection with Marine Park: Commission thanked Mr. Stewart for continuing to stay on the trail project.
Mark Stewart: Phase II – construction is underway. Some minor adjustments made. Should be another 5 or 6 weeks before finalized.
Knotweed removal: Polatin will perform the second treatment during the next couple of weeks.
Stopped at existing sidewalk at Gilson. On east side of road, pedestrians will be urged to cross to the sidewalk.
Mark Patterson is interested in linking to Marine Park, which will have design and permitting issues. Does the Commission want to be part of this? Would make applications to CPC and seek other funds. Original grant for the Marine Park discussed connecting trails for a town-wide project. Motion to take a vote to see where we stand and the concept Ms. Scott-Pipes. Mark Stewart will help Mark Patterson. Do we want to pursue? Continue the information process and learn more about it. Commission would be the proponent for the project. Motion for the Commission to give Mark Stewart the go-ahead to pursue the idea of a pathway over the marsh to the new Marine Park Ms. Scott-Pipes. Second to support the concept Mr. Bjorklund. Motion passed by unanimous vote.

Herringbrook Footbridge: working with Jeff Oakes from LEC – EIR and his recommendations. ANRAD needs to be done. Not within the original funding. Right now we have the funding for Driftway Trail design and permitting. Don’t want to spend a lot of money on anything else until Phase II is finished. Need to be sure funding is available. Do ANRAD once Phase II is completed.
Handicapped accessibility: originally the design had been done to be ADA acceptable. Open for more funding from Mass Hwy. or other sources, or we can ask for a variance to be noncompliant. Significant structural and expense issues to achieve complete accessibility: consider limited / partial accessibility. Asked for a dialogue with the Disability Commission. Wait until we have had a chance to think about it. Design has to be sorted out. Establish design and permit a foot bridge. Before going through with it need scope and costs of the whole project. We don’t know if there will ever be a trail out there, until we permit a bridge. Once bridge is permitted develop a comprehensive plan, including maintenance.

Kathy Donohue submitted picture taken this afternoon. Bridge has become more than a simple foot bridge. Important to keep within the scope and where this 550’ bridge would go.

Request for Determination: Haufler, Lot 2 Peggotty Beach Rd (confirm depressions not ILSF) (cont.)
Applicant’s representative has withdrawn this application. There is an outlet on the property.

Wetlands Hearing: Haufler, Lot 2 Peggotty Beach Rd (new build) (cont.)
Steve Bjorklund recused himself. Paul Mirabito was present at the hearing. NOI submitted; sent out for review to Carlos Pena, no report received. Motion to continue to September 21, 2009 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Warsofsky, End of Sunset Rd (wetland delineation) (cont.)
Mr. Bjorklund recused himself. Atty. Bill Ohrenberger, Paul Mirabito, from Ross Engineering, Brad Holmes and Mr. Warsofsky were present at the hearing. Site walk with Commission, August 4. After site walk, submitted cover letter and plans from 1988. When area was mapped, there was no wetland vegetation and a 1937 map, prepared before any houses. Brown marking on plan shows edge of agricultural field, pink lines BVW, Isolated Wetland, orange line marks on overlay shows 1988 clearing. Filed NOI for clearing, didn’t delineate BVW. Prior to regs, in the ’50’s the area was used for dewatering and dredge spoils. Bill Ohrenberger: unique situation, harbor dredged more than 50 years ago. Nature of soils - hydric qualities, Order of Conditions and plans from 1988, determined no wetland vegetation. Requires policy decision of how far back Commission has to go. Area has no wetland vegetation. Mr. Urbanski: There are beginnings of vegetation. Mr. Greenbaum: wetland lines are placed where all 3 indicators are. This whole area is a resource area by state definition. When do you have a situation that the time period has been long enough? Meets the criteria to be regulated. If we didn’t know it had been filled, it would be found to be a resource area; asking us to ignore that because fill was put there. Brad Holmes: soils are hydric; vegetation – agricultural since 1988--if left to develop wetland vegetation, would be phragmites; hydrology has not been studied. Mr. Snow: definite iron line; install groundwater monitoring wells. Mr. Urbanski: Evidence of hydric soils. Less of a policy than what exists today. NOI from 1988, there was filling of low spots for preparation for farming. OofC: no fill shall be brought onto the site, fertilizers low, etc. Consider the no fill issue. Isolated wetland area in the middle of the field. Commission saw wetland vegetation on east side of McLean Drive. All BVW flagged, all phragmites. Fits the standard of WPA and Town of Scituate bylaws. DEP relies on the Army Corps definition. Does the Commission want to request additional information or close and take under advisement? Mr. Snow: not disagreeing that if field not plowed it would all be phragmites, but if not filled, it would be a marsh; low and floods. Warsofsky not the owners of the land, have spent a lot of time and energy, would like to ask the board to consider whether a hydrology study is required and take a vote on the ANRAD now. Motion to close the hearing Mr. Greenbaum. Second Mr. Parys. Motion passed by unanimous vote.

Wetlands Hearing: Marine Professional N/E/Scituate Boat Works, 119 Edward Foster Rd (1500 s.f. cement pad/treatment system)
Brian Curreri and Scott Hamernick were present at the hearing. Abutters notification was submitted. Power wash containment system – required by EPA to treat wastewater from washing boat bottoms, which can then be reused. Solids are trash-disposable, pressed together in layers no longer harmful to the environment. No chemicals or detergents needed to power wash the boats. Contractor will inspect system yearly. Pump house uses a chemical coagulant. Filter shed is a temporary building to be removed when the season is over; everything is skid-mounted inside. There are sensors in the tank for low water. Water is drawn via hose from existing faucets on site. Not underground. From concrete pad to the building will be permanent underground utilities. Wash rack is concrete 30’ x 50’, 8” thick with epoxy coated re-bar, pitched to the trench, which is pitched away from the water to come back to the sewer manhole. Statements of support from Sarah Grady, Mass Bays Program, N&S Watershed Assn.; Howie Kreutzberg for Marine Park Development; Jason Burtner, CZM coordinator; Mr. Murray. Motion to close the hearing Mr. Urbanski. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Keyes, 236 Central Ave. (reconstruction 50 l.f. of seawall & patio)
Mr. Keyes was present at the hearing and Brian Jones, Ocean & Coastal, coastal engineer. Abutters notification was submitted. Reconstruct seawall and patio. Proposing to reconstruct in kind, same general dimensions, alignment of seawall removing 120 sq. ft., returning as beach. Concrete patio: a design feature that the Coastal Construction Manual has put in place. No reinforcement in the concrete patio. No connection to the house foundation, maximum thickness of 4”. Structural fill behind seawall, provides drainage holes; almost a French drain. New wall less likely to fail being 4’ deeper and having drainage, as well as more rebar. Designed for 100-year storm conditions. Question of concrete vs. wooden patio. Policy of the Commission is not to allow concrete patios. Don Hourihan – slabs are good, yet to see one become a flying missile. The decision on this site could be entirely different from another site. No DEP File number. Motion to continue the hearing to September 8, 2009 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote. Issue orders at the next meeting after closing.

Wetlands Hearing: Town of Scituate/DPW Musquashicut Pond (open shale barrier for natural flushing)
Al Bangert, DPW; Jason Burtner, CZM; and Dr. Sarah Grady from Mass Bays Program were present at the hearing. Abutters notification was submitted. Pond is property of the State of Massachusetts, designated as a category 5 most polluted pond. Work since 2000 has brought significant improvement to the pond, indigenous species returning. One problem area: a stone berm at the south end prevents natural flushing in that area, retaining upstream runoff, residential fertilizers, etc. Resulting low salinity in that area contributes to midge population. Berm put in for beach access. The berm is in violation of the WPA performance standards for coastal beaches, tidal flats, etc. Illegal barrier for over 30 to 50 years, not permitted. Removing the whole berm would require a much more significant effort. Seek better health for the pond. Make the cut-throughs, but somehow bridge? Seeking to end use of Strike pellets for midges. Causeway is 250’ feet long, affects approximately 4 acres of water. The Commission has all the information needed. No DEP File #. Motion to continue to September 8, 2009 at 6:35 p.m. Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Town of Scituate, Henry Turner Bailey Rd (sidewalk)
Al Bangert from DPW was present at the hearing. Abutters notification was submitted. Finishes restoration of Henry Turner Bailey Road. Sidewalk would begin at Gannett Pasture Lane, easterly edge of Whottleberry Lane, crosswalk to southerly side, connecting to MBTA sidewalk. Going over Bound Brook, no bridging, on high ground all the way, crimping the roadway, totally accessible crosswalks, all levels of ability can use it. Consistent signage and traffic safety officers agreed. Well-traveled path. Culvert and catch basin will stay. Neighborhood support. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

DPW issue: box culvert on Beaver Dam Road – set order for reconstruction of water line. Looks like reconstruction heading down toward Tilden Road. Box culvert made out of stone – already starting to collapse, want to replace in kind and drop a new drain in there. Open filing for the water main. Went out with Kevin Cafferty today.

Wetlands Hearing: Wilder, 248-250 Gannett Rd (septic)
Paul Mirabito was present at the hearing. Abutters notification was submitted. 2 dwellings on the lot, 1 bedroom unit behind. Allowed 1 septic system. Board of Health has approved. High groundwater, required an easement from the abutter. Leaching area for the system placed in the easement. Variance is for 50% reduction, which is allowed as long as you have a treatment area. Proposed retaining wall, within 100’ of 2 resource areas: salt marsh and coastal bank. Variance for setback from coastal bank. Show proposed haybales. DEP won’t allow a tight tank if anything else is possible--existing home has a lot of leeway. Question of pulling pipe back from resources. Would be a field change to pull pipe back. No DEP File #. Motion to continue to September 8, 2009 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Scalley, 11 Garfield St (raze/rebuild)
Paul Mirabito was present at the hearing. Abutters notification was submitted. Raze/rebuild in same footprint. Front area of open deck will go another 1’ out. Wood pile foundation, Rivermoor designed. No changes in septic system. Removing house from site, driving piles, putting house back on piles. 8.6’ to 9.1’ elevation. House will be 2’ above base flood. Small lot, 40’ x 80’, no grade changes. 2 stories. A10 flood zone. Any consideration of removing concrete slab? Mr. Jones: existing plan shows stairs out back 28’x32’, tight to the lot line. Deck and stairs don’t show on site plan. Deck on driven piles. Add piles to structural plan. Motion to close the hearing pending more detailed plans on stairs Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: Durkin, 73 Border St (addition, landscaping)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Order of Conditions: Griffin, 8 Driftway (raze/rebuild)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Order of Conditions: Wilder, 788 Country Way (septic)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Parys. Motion passed by majority vote with one abstention.

Order of Conditions: Scituate Boat Works, 119 Edward Foster Rd (1500 sf cement pad/treatment system)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.

CORRESPONDENCE
July 27, 2009 – August 24, 2009

1. MassWildlife News
2. Baker, Braverman & Barbadoro, re: Brunswick St. Ext. – 25 Hawthorne, 86 & 87 Humarock Bch. Rd. 1. Copies of any correspondence, exchanges and all info relating to 25 Hawthorne, 86 & 87 Humarock Beach (3 times) (in file)
3. Division of Marine Fisheries re: Public Hearings August 24, 25, & 26.
4. Planning Board Agenda for August 4, 2009 – Joint meeting of the Planning Board & Board of Selectmen
5. Extension of OofC from DEP re: Massey 68-1754, 134 Humarock Beach Rd (in file)
6. Request for CofC re: Grinnell, 17 Seagate Circle 68-1873 (in file)
7. Recording of CofC for 68-2132 – Martin, 104 Edward Foster Rd (in file)
8. Recording of OofC for 68-2179 – Fantasia, 16 Revere St (in file)
9. Notification to Abutters re: Marine Professionals Northeast, Inc. d.b.a. Scituate Boat Works, 119 Edward Foster Rd (in file)
10. Notification to Abutters re: Wilder, 248-250 Gannett Rd (in file)
11. Ocean & Coastal Newsletter
12. E-mail letter from Chairman Frank Snow to Disabilities Commission – Mr. Jeffrey Dougan re: Driftway trail site and proposed Herring Brook Meadow Pathway; footbridge & trail system. (had been e-mailed to all members)
13. DEP File #68-2183 – Town of Scituate/DPW, Gannett Road Bike & Ped path (in file)
14. DEP File #68-2184 – Wilder, 788 Country Way (in file)
15. DEP File #68-2185 - Town of Scituate/DPW, Henry Turner Bailey Rd sidewalk (in file)
16. DEP File #68-2186 – Scalley, 11 Garfield St (in file)
17. Recording of OofC for 68-2161 - McNamara, 84 Jericho Rd (in file)
18. Planning Board Agenda for August 13, 2009
19. Appeal of Determination by Guimond re: Brunswick Street Extension (which was never mentioned on the RDA), 25 Hawthorne, 86 & 87 Humarock Beach Road (in file)
20. Recording of Extension Permit for OofC 68-1754 Massey, 134 Humarock Beach Rd (in file)
21. Planning Board re: Final Draft, Stormwater Regulations
22. Request for CofC for Coleman, 51 Mary’s Lane (in file)
23. Environmental Consulting & Restoration re: Scituate Marine Park, Mitigation Activities
24. Notification to abutters re: sidewalk construction at Henry Turner Bailey Rd (in file)
25. Notification to abutters re: Musquashicut Pond Restoration (in file)
26. Recording of OofC for Sherman, 315 Central Ave (in file)
27. Michael Hayes – Deed for Donation of Land by Bob Morrissey – 8.67 acres, Lawson Rd (in a file)
28. Coastal Connections Newsletter
29. E-mail request for files related to Smith, RDA – OofC for Manning, 86 Humarock Beach Rd, 68-1434; Huie, 87 Humarock Beach Rd, and Huie, 25 Hawthorne St (in files)
30. Galvin & Galvin re: Request for Superseding Negative Determination (in RA file)
31. Request for CofC for 240 First Parish Rd (68-2180) (in file)
32. Woodard & Curran Directions Newsletter
33. Recording for CofC for 7 Jawl Ave – 68-757 (in file)
34. MACC Newsletter
35. Information re: ANRAD Application – End of Sunset Rd – 68-2155 (in file)
36. Planning Board re: Form A Application – 6 Old Country Way – COMMENTS no later than 8/26/09
37. Plans for Seawall Repairs at 236 Central Ave (in file)
38. Request for CofC for 68-2060 – 118 Tilden Rd (in file)
39. Recording of Title Covenant & Easement for Mackenzie, 25 Bayberry Rd. Shared system serves Hermanns, 29 Bayberry Rd and Snow, 35 Bayberry Rd (in all files)
40, Laurelwood Subdivision – Driveway Considerations for Lots 1, 2, & 3
41. WITHDRAWAL of RDA Application for Lot 2 – 21 Peggotty Beach Rd (in file)
42. Request for CofC for T.K. O’Malley’s Dock, Gangway & Floats, 194 Front St (in file)
43. Extension of DEP 68-1697 – Walden Woods LLC, c/o Richard A. & Janet L. Walden, end of Stenbeck Place. Expires 12/8/12.
44. Recording of CofC for DiFronzo, 205 Country Way (in file)
45. MassWildlife News
46. Required Signed Contract for 768 First Parish Rd for tree removal on property (in file)
47. Building Dept. re: 30 Inner Harbor Rd. After Occupancy Certificate was issued, large structure constructed under house without a building permit. Remove structure within 45 days.
48. Stormwater Magazine

Correspondence: Final draft of the Stormwater Regulations. #19 – Send out to members.
Laurelwood Subdivision – wetlands restriction. Cuts off vacant parcel of land, restriction not filed. Want permission to cross the wetlands requesting Commission to look over the plans. Had a right of way on the first lot in Norwell, but sold.

Mr. Snow: 158 Border St – widened driveway worked in resource area, now the change is flooding 3 abutting properties badly. Contractor, Joe Bonomi said he was going to try to alleviate the problem.

Meeting adjourned 10:45 p.m.

Respectfully submitted,

Carol Logue
Conservation Secretary