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News/Events - Meeting Minutes

Town of Scituate
Conservation Commission
Meeting Minutes
September 21, 2009

Meeting was called to order at 6:16 p.m.
Members Present: Mr. Snow, Chairman, Mr. Bjorklund, Mr. Greenbaum, Mr. Jones, Ms. Scott-Pipes, Mr. Urbanski.

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

Agenda: Motion to accept the agenda Ms. Scott-Pipes. Second Mr. Urbanski. Mr. Snow would like to discuss project assignments. Motion to amend the agenda to add discussion of project assignments Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Informational Meeting: Patricia A. Vinchesi, Town Administrator
Introductory meeting. Conservation issues are different from what she has dealt with in the past. Basically wanted to give the opportunity to ask any questions or facilitate any issues the Commission might have.
Would like to be able to have a descent dialogue with you and the selectmen of how to pursue different issues, such as enforcement; sensitive issues such as the Spit and endangered species. Lack of follow-up and support encourages offenders and repeat offenders. ConCom attempts to focus on wetland issues and avoid neighborhood conflicts. Commission doesn’t get respect, and is unable to follow-up on enforcement. We need the Selectmen to stand behind us.
There are expectations for the department heads; goals and objectives long-term; 3 or 4 priorities. Staff is overworked, and can’t be all things and get all things done; but they will be accountable throughout the year. Part of the budget this year is a strategic plan. Staff meeting every Tuesday where there can be a lot of collaboration.
Mr. Snow: have to deal with wetland issues for a variety of our projects, walking paths, bridge, have a whole series of projects trying to pursue. These projects are for the benefit of the town as a whole. We would like to get projects completed and acquire more open space. CPC in town is a phenomenal thing. Challenge is to implement projects and stay on track with regulatory matters.
Would like to free up some of Vinny’s time, other than IT and cable issues.
The Commission thanked Ms. Vinchesi for coming in.

Wetlands Hearing: Haufler, Lot 2 Peggotty Beach Rd (new build) (cont.)
Mr. Bjorklund recused himself. Applicant’s representative requested a continuance for 30 days. Motion to continue the hearing one last time to October 21, 2009 at 6:30 p.m. Mr. Urbanski. Second Ms. Scott-Pipes. Send out a copy of the vote. Motion passed by unanimous vote.

Wetlands Hearing: Town of Scituate/DPW, Musquashicut Pond (open shale barrier for natural flushing) (cont.)
Received the DEP File number. Amount the attendees: Craig Fritz, Liz Charlton, Jack Clifford, Jinny Vogel raised a number of issues about the “walkway” which is to be cut, the pond flushing, mud flats and lack of recreational use. This hearing is about the south end of the pond. The Town is trying to do the best it can and the Commission is trying to make the pond thrive. Trying to circulate the water. This filing only lacked the DEP #, which we now have. Mr. Bjorklund: guarantee that the 2 cuts have not created the problem: if something happens in the future by allowing the 2 cuts, it will be addressed. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Winn, 26 Peggotty Beach Rd (2 car garage) (cont.)
Foundation change is not required. No DEP File #. Close and issue the orders when we receive the DEP #. Problem was whether they had to change the foundation because of soils. Motion to close subject to the DEP File # Ms. Scott-Pipes. Second Mr. Bjorklund. Mr. Greenbaum opposed to setting a new precedent: prepare orders and close at the next meeting, assuming DEP number is received. Motion to rescind the motion based on the fact there is no DEP # Mr. Bjorklund. Second Mr. Greenbaum. Motion to continue the hearing to October 5, 2009 at 6:30 p.m. Mr. Bjorklund. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Green, 54 Central Ave. (septic repair) (cont.)
Dave Green was present at the hearing. Board of Health has approved. Standard concrete tank at left side of lot. Didn’t want a concrete slab there. Add condition to make sure it has an anti-flotation flange. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Walk-in: Vinny Bucca,
Mr. Bjorklund recused himself. Vinny Bucca, 238 Main St, Norwell. Submitted letter April 20, 2009, requesting license extension for Appleton Field from 3 to 5 years. Current license runs until 2011. MACC recommends licenses rather than leases. Written as a permit and changed to a license. Lawyer recommended no licenses over 3 years. Reason for license, wouldn’t have to go town meeting. Could start a new 3-year term now. Extension request is being made in light of investment in equipment – purchased a $4,000 mower and thinking about purchasing a $5,000 piece of equipment. Commission should get back to Town Counsel. Extenuating circumstances. Mr. Snow: reasonable request, appreciate Mr. Bucca’s concern. Commission will review.

Walk-in: Marie Nyhan
Mr. Bjorklund stayed in the room, but did not sit with the Commission. Marie Nyhan, project manager of Laurelwood, and Kenny Kaputo, engineer, were present. Want to close project out with the Planning Board and Conservation. Involves construction of houses on Lot 1 in Norwell and Lots 2 & 3 in Scituate. Planned lots, part of subdivision approval. Some wetland impacts in Scituate; planned to come in from Norwell with a common driveway. Don’t have rights to the land any more. The wetland is quite expansive. Have not filed anything with the Commission. Original filing included a Conservation Restriction; part of the closing issue is to record the restriction, but it cuts off both lots. Contractor created his own restraints. Consider a change in the language of the restriction to allow the creation of a common drive. Would need a formal filing. Then would consider the boundaries of the CR to be the right of way of Laurelwood Drive, capturing most of the 100’ buffer. Impact is in Scituate – 200 sq. ft of impact, proposed 2000 sq. ft of replication area. Resource area protection would be enhanced. Wetland would be crossed over a culvert. Would have to continue the hydraulic link; couldn’t dam it. Would do everything to minimize the impact. All 3 lots are surrounded by wetlands. Mr. Kalishes: issues--This Commission may not have the legal ability to change the language of the restriction, need to ask Town Counsel; the developer had other ways of accessing the lots and was well aware of the CR, which was never filed at the Registry, signed by their side, original paperwork got lost; never executed on our side, but doesn’t have to be filed to be effective; purpose of the CR was to prevent access to those lots in Scituate from Scituate--could attempt to permit access in Norwell; Mike McSharry was the original applicant; property was given to the town behind the bank in Scituate Harbor, and performed work in the harbor. Proposed septics are outside the 100’ buffer zone. But the property is in the Watershed Protection District. Finished with the Planning Board in Scituate. A lot of enhancement work that wasn’t on the plan. Anticipated someone coming in with something like this. Lots were never part of the original approval. Lots were laid out with frontage on Laurelwood Drive. No common driveway included in the original Orders. Approved road, didn’t specifically address access to those lots. No road, no driveway, no access. First question amend CR, signed by one side. Appears to be a layer over our regs to protect. Mr. Snow: what does the town of Scituate get from this? The developer has mitigation that will be considered by this owner. Been trying to get this CR executed for the last 5 or 6 years. Mr. Snow: contentious subdivision. Simeone started the project without all permits. Want to see what benefit there will be to the Town. Mr. Greenbaum: enormous hurdle in the Watershed Protection District.

Mr. Bjorklund returned.

Order of Conditions: Warsofsky, End of Sunset Rd (wetland delineation)
Lines on the plan were not accurate. Motion to not accept the wetlands line as placed on the plans Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: Town of Scituate, Musquashicut Pond (open shale barrier)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Order of Conditions: Wilder, 248-250 Gannett Rd (septic)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Urbanski. Motion passed by a 5 to 1 vote.

Order of Conditions: Harrington, 403 Country Way (septic)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Order of Conditions: Green, 54 Central Ave (septic)
Condition #40 at the end – and the tank shall contain an anti-flotation flange. Motion to condition the project as amended Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Discussion: Bloomstein, 242 Central Ave is doing the work for Mr. Keyes at 236 Central. Working with a neighbor, based on meeting with Jason Burtner and Margo Clerkin: they are preparing sketches for ways to protect the wall.

Stone, 28 Dartmouth St. If she doesn’t respond to the last letter for a filing by September 24, we will issue an EO and proceed to court immediately Mr. Greenbaum. Second Ms. Scott-Pipes. Just go directly to court. Mr. Greenbaum. Second Mr. Bjorklund. Motion passed by unanimous vote.

Issue an Enforcement Order for 158 Border Street to restore the flow of water underneath the driveway. Motion to send an Enforcement Order to 158 Border to restore the flow of water – hire an engineer, restore the flow Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Conway, 67 Collier Rd – Called will have his filing in by September 24, 2009.

Request from Jay Geary – 24 River St –remove and replace existing walkway. File a Request for Determination.

CORRESPONDENCE
September 9, 2009 – September 21, 2009
1. Planning Board re: Site Plan Waiver – Scituate High School Football Field – covered picnic area, ticket booth
2. Planning Board re: ENF for Proposed Dredging & Construction of Boat Bottom Washing/Recycling System
3. The Beacon
4. Recording of OofC for 68-2187 – Keyes, 236 Central Ave (in file)
5. Revised plans for 54 Central Ave – Septic repair (in file)
6. Request for Extension for Nocera, 247 Central Ave. – 68-1871 (in file)
7. Recording of OofC for Griffin, 8 Driftway – 68-2178 (in file)
8. Recording of OofC for Town of Scituate, 119 Edward Foster Rd – 68-2190 (in file)
9. Recording of OofC for Wilder/Bound Brook Properties, L.L.C. – 788 Country Way – 68-2184 (in file)
10. Planning Board Agenda for September 24, 2009
11. DEP File #68-2190 – Marine Professionals Northeast, 119 Edward Foster Rd (in file)
12. DEP File #68-2191 – Town of Scituate/DPW, Musquashicut Pond – 68-2191 (in file)
13. DEP File #68-2192 – Greene, 54 Central Ave (in file)
14. MassWildlife News
15. Letter from the DiPronio, 226 Central Ave. engaged LEC/Stanley Humphries – trying to determine costs.
16. Wayne Tavares re: Griffin, 8 Driftway would like in writing and without prejudice to relieve him of the responsibility of site designer/reporter and chose another professional, preferably one familiar with the project to effect a sign-off for the CofC.
17. OCC Newsletter
18. Letter from 3 property owners re: flooding of 3 properties caused from Moscowitz at 158 Border St
19. Abutter Notification for 7 Wood Island Rd (in file)
20. Request for CofC 68-2134 – 121 Glades Rd (in file)
21. Request for CofC for 68-2139 – 2 Dickens Row (in file)
22. Request for continuance for Haufler, 21 Peggotty Beach Rd – 68-2170 (in file)
23. Response to Commission letter re: 224 Central Ave.- Commission wishes to see home destroyed by storm – only reasonable solution is rip-rap. Created their own seawall which also he learned was authorized at 3rd Cliff. Reasons for Ccommission’s concern?

Correspondence: Request for extension for Nocera, 247 Central Ave -
Motion to extend the Order of Conditions for 3 years Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Agent’s Report: Discussion of Laurelwood lots– same kind of discussion will come up with Peggotty Beach Rd and end of Sunset Rd. You can accept mitigation for things that would be approved anyway.

Mr. Snow: List of things the Commission has to do. Assign different projects to different members. Nature Walks – Penny, possibly include some environmentalist.
Scott Greenbaum – work with Allan Greenberg on open space.
Joe Urbanski – suggestion by Jason Burtner for an overall master plan for the Humarock area.
Steve Bjorklund: Orders, plans and possible preconstructions.
Tony Jones: Spit/plovers. Sue Von Iderstein has some ideas.
Mark Stewart has passed a portion of the Driftway Path to DPW. Overview and negotiations by DPW, instead of Mark. Town projects are usually turned over to DPW.
Penny Scott-Pipes: Steverman property--Darlene wants to deal with Frank Snow. Question of feasibility. Assess possibilities.

Meeting adjourned 9:15 p.m.

Respectfully submitted,

Carol Logue
Conservation Secretary