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News/Events - Meeting Minutes

Town of Scituate
Conservation Commission
Meeting Minutes
September 8, 2009
GAR Hall, 353 Country Way

Meeting was called to order at 6:16 p.m.

Members Present: Mr. Greenbaum, Vice Chair, Ms. Scott-Pipes, Mr. Bjorklund, Mr. Parys

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

Agenda: Motion to amend the agenda to include Town of Scituate, Henry Turner Bailey Rd Orders, and Keyes, 236 Central Ave. Orders Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Show Cause Hearing: Erickson, 92 Lighthouse Rd (shed)
Richard Erickson was present at the hearing. Building Department said no building permit was necessary. Shed built in buffer zone to salt marsh sitting on sonotubes. File a Request for Determination for the shed supports. Misunderstanding. Used 6 sonotubes, 4 ft into the ground. 9.5’ x 11.5’. Will talk to the Building Department: come to the office.

Request for Determination: McCormack, 140 Mann Lot Rd (regrade lawn/replace asphalt driveway)
Arthur Pompeo, excavator operator, and Ms. McCormack were present at the hearing. Replace existing asphalt driveway and reshape front lawn. Pull up and replace driveway. Take tree stump out and regrade. 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).” - Schedule an on-site meeting with agent to determine location of erosion controls before work begins Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Request for Determination: Benson, 14 Gilson Rd (2 additions)
Greg Sands, representing the Benson’s, was present at the hearing. Two additions set on concrete footings, no foundation. South side single story family room on 3 concrete footings. Surveying done a few years ago; easterly side salt marsh, southeast corner 111’, westerly side 119’ from wetlands. Property is located in flood zone. Cavanaro’s elevation certificate shows base flood elevation is 10’. Addition will be at 12.8’. Deck will be removed and will be grassed. Two single story structures 2’ off the ground. Everything stays level with the first floor. Will hand dig footings. 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. Bjorklund. Motion passed by unanimous vote.

Request for Determination: Cilento, 260 Central Ave. (replace revetment with pre-formed blocks) (cont.)
Mr. Cilento and Ted Joy from 262 Central Ave. were present at the hearing. Applicant was asked to provide more information - submitted tonight. Plot plan and data sheets submitted. Block size 4’x18”x44”; smallest interlocking blocks that are manufactured. Wall is degrading creosote timbers. Currently jets out 8’, stopping at 26’. The Commission has the right to say replace in kind: this is a 4’ wall in a velocity zone. Landscape timber wall doesn’t meet the performance standards, but can be replaced, they are not impeding the beach from moving from wind and wave, but the stones will. Request for Determination would suffice for replacing wood structure, but a 4’ thick structure warrants a Notice of Intent. Simple thing would be to replace in kind - it is unlikely that anything could be designed that would be allowed; only allowed to protect a historic building. Replacement in kind could get another 20 to 25 years. 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. Permission to repair with in-kind landscape timbers. 2. Have on-site meeting with agent before work begins Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Wilder, 248-250 Gannett Rd (septic)
Received the DEP file number. Motion to close the hearing Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Keyes, 236 Central Ave. (reconstruction 50 l.f. of seawall & patio)
Received the DEP file number. Motion to close the hearing Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Town of Scituate/DPW, Musquashicut Pond (open shale barrier for natural flushing) (cont,)
No DEP file number. Motion to continue the hearing to September 21, 2009 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Wetlands Hearing: Harrington, 403 Country Way (septic)
Rick Grady, Grady Consulting, was present at the hearing. Abutters notification was submitted. Existing home, serviced by cesspool. 1500 gal tank and pump chamber, same location in grassed area and near cesspool. Leaching chambers on left side of property. Chambers 1’ above existing grade toward the rear, approximately 60’ from the wetland, proposing haybales. Motion to close the hearing Mr. Bjorklund. Second Mr. Parys. Motion passed by unanimous vote.

Wetlands Hearing: Winn, 26 Peggotty Beach Rd (2-car garage)
Herb Kuendig and Maryellen Winn were present at the hearing. Abutters notification was submitted. Proposing garage, large kitchen and bedroom. Going over existing gravel driveway. Break-out panels, elevation 11’ AE flood zone. Living space will be 17.5’. Slab foundation. Driveway brick. Fringe areas are actually beach. Historic salt marsh comes up to the driveway. Key to foundation has to do with soil type. Where beach material ends, can have that type of foundation. Notify Mr. Kalishes & Mr. Bjorklund when holes will be dug. Motion to continue the hearing to September 21, 2009 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote. Have orders ready at the next hearing if soils are known and have DEP File number.

Wetlands Hearing: Green, 54 Central Ave. (septic repair)
Rick Grady, Grady Consulting, and Mr. Green were present at the hearing. Abutters notification was submitted. AE flood zone, elevation 10’ dwelling partly in AO flood zone, depth of 2’, barrier beach. Proposing a new 1500 gal tank in close proximity to rear of house, 2 plastic infiltrating trenches, down 10’, keep gravity system and maintain existing grades. Question regarding placement of system - plumbing accessibility is an issue, probably need a pump system if in the front. Least impact to the site is in the back. No DEP file number. Issue of buoyancy. Board of Health will require tank to be tied down. Concrete slab is problematic. Contractor is thinking of a precast concrete tank. Meeting with Board of Health on September 14. Plans can be modified by the end of the week. Motion to continue the hearing to September 21, 2009 at 6:40 p.m. Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Order of Conditions: Warsofsky, End of Sunset Rd (wetland delineation)
Mr. Bjorklund was not a member when this project started: he recused himself. Confusion on what plan is being voted on. No quorum to vote. The sense of the Commission is they will not accept the line on the plan. Plan showed field as upland, but it is a wetland. Lines are either accurate or inaccurate.

Order of Conditions: Scalley, 11 Garfield St (raze/rebuild)
Motion to condition the project Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Order of Conditions: Town of Scituate, Henry Turner Bailey Rd (sidewalk)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.

Order of Conditions: Keyes, 236 Central Ave. (reconstruct 50 l.f. of seawall & patio)
Discussed concrete deck. Motion to condition the project Mr. Bjorklund. Second Mr. Parys. Motion passed by unanimous vote.

CORRESPONDENCE
August 25, 2009 – September 8, 2009
1. Planning Board agenda for August 27, 2009
2. Request for 1 month extension re: Northey Estates – to prepare an official filing for an as-built drawing and drainage calcs.
3. 315 Central Ave. – Has made a decision to have a full basement. (in file)
4. DEP – No Wetlands File Number for Town of Scituate, Musquashicut Pond (in file)
5. DEP – No Wetlands File Number for Scituate Boat Works, 119 Edward Foster Road (in file)
6. Recording of Orders for 68-2182 – 73 Border Street (in file)
7. Thank you letter from South Humarock Civic Association to Joe Urbanski for participating in the annual Information Night held July 30, 2009.
8. LEC re: Stockbridge Woods, 90 Stockbridge Road – Construction Monitoring Report (July)
9. Complaint Letter re: George Smith & Gil Sullivan accessing passageway by truck, etc. severely altering the passageway dune next to Patricia Huie’s fence. (Brunswick Street ext.)
10. Galvin & Galvin re: Alteration of Coastal Dune by Vehicles – 8/29/09 - (Brunswick Street ext.)
11. Building Department Residential Report for July, 2009
12. Custom Home Designs/Julie Johnson re: 315 Central Ave. Conservation approved ONLY the garage addition & rear house addition with related decks. House addition approved for crawl space. (in file)
13. Recording of CofC for Grinnell, 17 Seagate Circle (in file)
14. Water Resources of Mass – November 10, 2009 at Hogan Campus Center College of the Holy Cross, Worcester, MA
15. Request from Environmental Consulting & Restoration/Brad Holmes re: 121 Ann Vinal Road – 68-2140 – Removal of ECR’s Wetland Delineation Report – will not support the wetland delineation previously delineated.
16. DEP On-site re: 86 & 87 Humarock Beach Road – Thursday, September 24, 2009 at 2:30 p.m.
17. Photos & Letter from Austine Frawley, 14 Peggotty Beach Road re: Haufler Property Lots 2 & 3
18. North River Commission re: Special Permit for 79 Collier Road to raze deck & concrete patio & construct in the footprints an addition and new wooden deck beyond the footprint of existing deck.
19. Planning Board re: 19, 21 & 23 Beaver Dam Road increased drainage flow to town drainage system. Need engineered plans to show no impact on town system.
20. Zarella re: North River Marine – ENF
21. CLE re: Maintenance Dredging & Pier & Grown Maintenance Project, 84 Jericho Road – minor project change.
22. Recording of Order of Conditions for 7 Berry Lane – 68-2171 (in file)
23. Recording of CofC for 51 Mary’s Lane – 68-2093 (in file)
24. DEP File Number 68-2187 – Keyes, 236 Central Ave. (in file)
25. DEP File Number 68-2188 – Wilder, 248-250 Gannett Road (in file)
26. DEP File Number 68-2189 – Harrington, 403 Country Way (in file)
27. Revised Structural Plans for 68-2186 – 11 Garfield St. showing proposed piles for the front deck & rear stairway (in file)

Correspondence: Appeal Mr. Parys’ neighborhood. On-site with DEP, Thurs., September 24, 2009 at 2:30 p.m.

Agent’s Report: Approached by Al Bangert about interest in acquiring Steverman Farm. Ms. Scott-Pipes: Spoke to her a year ago and was asked at that time if it was ever sold, would the Commission be interested. She would want to continue to be able to farm the land and live in the house. That shouldn’t be a problem. Associate Member Allan Greenberg has been doing a lot in acquiring properties. Ms. Scott-Pipes and Frank Snow will look into the matter right now.

Ms. Scott-Pipes: Felt badly that Cilento at 260 Central Ave. wasn’t allowed to do his project of the wall. He is trying to do the right thing and other people just do exactly what they want.
Mr. Kalishes: Thinking of doing what we did on Peggotty Beach down on Central Ave. Instead of digging all out and pushing it back, put road over the dunes.

Town Administrator is coming to talk to Commission at next meeting.

Meeting adjourned 8:00 p.m .

Respectfully submitted,

Carol Logue
Secretary