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News/Events - Meeting Minutes

Meeting was called to order at 6:19 p.m.
Members Present: Mr. Snow, Chairman, Mr. Bjorklund, Mr. Greenbaum, Mr. Jones, and Mr. Urbanski.

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

Agenda: Motion to amend the agenda to include a Show Cause Hearing for 64 Edward Foster Road Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Stormwater Regulations: Laura Harbottle, Town Planner, was present. March 2008 passed stormwater regulations. The development community found it too demanding for property owners and builders—modified regs to ease implementation. Administrative review by Laura Harbottle and Vin Kalishes for areas of concern less than 40,000 sq ft; above that, or on recommendation of staff, would need a public hearing. Will add stormwater issues to Planning, not delete from Commission. Planning Board would like written response (and comments) from Commission

Show Cause Hearing: Hillman, 64 Edward Foster Rd
Mr. Kalishes and Mr. Bjorklund viewed site work at the corner of Edward Foster Rd & Bridge Ave., which resulted in sediment crossing the road and impacting saltmarsh, buffer zone and resource area. Stopped work to get site stabilized; impact brought entire lot under Commission jurisdiction. Need to file a Notice of Intent.
Ed Cavatorta, Quality Homes, Sarah, Tony, and Kathleen Hillman were present. 2 lots. Actually 60 Edward Foster Rd, old lot 64. Can change to 3 Bridge Ave. Short-term impact on site; need to handle long-term impacts and stormwater. Have insufficient recharge on the site. At the request of the Planning Board added the infiltration system. Sequence of work: footings are in, can push material in, driveway, then everything would be contained, put the walls up, and will try to do the whole process as quickly as possible. Mr. Kalishes: site is stabilized--follow sequence and in the next 2 weeks review the site plan (roof drains), and decide at next meeting what the Commission wants to do. Mr. Snow: have to deal with subsurface water. Keep people from going on the dirt; may have to hire a street sweeper occasionally. Maybe develop another stoned area. Stone area 30’ x 40’. Mr. Greenbaum: Run haybales to prevent access to the dirt; both sides of the gravel. Mr. Urbanski: keep Enforcement Order in place until site work is done, or file a Notice of Intent; prefer to keep EO in place--at any time the Commission can require filing NOI. Mr. Bjorklund: As long as stone area is in and closed off by haybales should be fine; when concrete is on site problem will be minimized--by issuing an EO we’ve taken jurisdiction over the whole site. Vote to ratify the Enforcement Order as amended – no need to file NOI now Mr. Urbanski. Second Mr. Bjorklund. Motion passed by unanimous vote. Come back Nov. 30, 2009. Get 7 copies of plans to the members. Any pumping has to go through a filter. Get stone down, get forms up, waterproof and backfill. Laura Harbottle: to Planning, infiltrators seemed a good idea at the time.

Request for Determination: Erickson, 90 Lighthouse Rd (shed)
Mark Barnett was present at the hearing. Enforcement Order issued. Small addition to an existing shed. Mr. Greenbaum: 8” below the existing shed, definitely below base flood. Is low to avoid ramp. Have had sheds in the flood zone; not on barrier beach or dune. Problems: 1. washes away; 2. contaminants storage; 3. diverts water onto other properties. Building Department didn’t require a permit. 6 footings, and bolted. Mr. Bjorklund: contaminants, such as gas, have to be kept above flood elevation. 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. All contaminants and flammables shall be stored above base flood. Mr. Bjorklund. Second Mr. Urbanski. Motion passed by a 4 to 1 vote.

Request for Determination: Devaney, Trustee, 36 Concord St (remove & replace pool patio)
Paul Armstrong was present at the hearing. Existing home with a gunite pool and patio. Remove patio by hand. New stamped concrete patio will be saw cut every 10’ for expansion and contraction. Reduce size by about 100 sq ft. Propose to put planters in. It is out of the splash zone. No changes to existing dune grass and extensive plantings. Runoff will be pitched toward the crushed stone driveway. Commission allows replacement of existing impervious surfaces. Pitched away from the pool all around. 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. Urbanski. Second Mr. Bjorklund. Motion passed by unanimous vote.

Request for Determination: Pulit, 67 Lighthouse Rd (storage shed under house)
Jeff Lind, Woodlind Construction, and Michael Pulit were present at the hearing. Originally was going to issue an Enforcement Order. House project was under the grants program, but shed was not part of the filing, and does not meet performance standards: no freeboard, question of diverting water. Neil Duggan, building inspector, had no problem--already on approved plan. Not on structural piling plans that the Commission had. Storage shed, containing the water and waste line, open underneath, 8” to 10” above ground. Suggested a couple of panels at the ends. More secure than the last shed, on driven piles. Gas heater along the side of the shed, which Gas company refuses to put above base flood. Floor inside is about 2’ above. No gas, no mower. 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. All contaminants and flammables shall be stored above base flood. 2. Breakway panels shall be installed.Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Leondike, 13 Brunswick St (septic/water service/drive reconstruction) (cont.)
Received Board of Health approval. Motion to close the hearing Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Diamond Development R.T., 102 Scituate Ave. (raze/rebld/remove garage) (cont.)
Mr. Bjorklund recused himself. Atty. Michael Hayes was present at the hearing. Commission requested revised plans. Buffer zones, notation as to impervious area of proposed driveway removed, existing square footage of what is being removed for the new dwelling. Net reduction of 46 sq. ft. Extended wetland area at southerly end of property; parking areas delineated. Current concrete driveway to be removed. Looking for a parking area and driveway of gravel or pervious pavers. Use crushed stone and/or pavers. Removing a house mostly out of the 50’ buffer and putting one into the 50’ buffer. New elevation will be 13’ on wood piles. What exists now is 1 lot with 2 dwellings. Mr. Jones wasn’t here for the 1st hearing, so there is no quorum. The applicant or abutters could appeal. Commission has all the information. 3 commenting abutters thought this was an improvement. Michael Hayes suggests that the hearing could be closed. Proposing to remove phragmites and poison ivy at end of driveway and areas behind the building. Request to level out the pile of dirt from plowing and redistribute. Moved house 4’ from the wetland. Like the idea that it is elevated on driven pilings. Because it moves it away from the barrier beach, and existing garage is closer to the wetland than the proposed house, think it is an improvement. Mr. Urbanski: looking for ways to justify. Motion to close the hearing Mr. Urbanski. Haybales should be put around the wetland. Second Mr. Greenbaum. Motion passed by unanimous vote.

Mr. Bjorklund returned.

Wetlands Hearing: Hyde, 66 Chief Justice Cushing Hwy. (addition)
Paul Mirabito, Ross Engineering, Brad Holmes, Stas Zakrzewski, Architect, and Mr. & Mrs. Hyde were present at the hearing. Abutters notification was submitted. Letters from abutters support the project. Abutters: Mr. Nardini, 76 CJCH, and Peggy English were also present. Vegetated wetland and line for a natural bank. North River Commission is reviewing. 100’ setback from Rte 3A, new requirement. 15’ side setback. Existing house is 2000 sq ft, proposing 600’, 454’ on 2nd floor. Placed where it is, hemmed in by 3A, need a connection to the house--catwalk links the addition. Living space on ground floor, dropped 2–1/2’ from existing dwelling. Touching the 50’ setback. Brad Holmes put together a mitigation plan: Buffer strip with native plantings in maintained lawn and phragmites removal. BVW surrounds the site, associated with salt marsh that leads to North River. Unable to work outside the buffer strip. BVW is adjacent to lawn. Isolated wetland in the lawn--propose to connect with the larger wetland and reduce the lawn area. Septic is for 3 bedrooms, not to be increased. Typical phragmites removal with herbicide treatment and cutting: to be done if Commission is interested. Mr. Kalishes: Unless you change the grade to allow for more salt water, permanent phragmites removal will be difficult. Can submit a maintenance plan. Phragmites continues around to the south and some to the north. Could extend it further. Work on the most accessible phragmites. Connect isolated wetland and BVW. Oak tree will be removed. Full foundation. Mr. Bjorklund: should have a planting plan of what lawn is going to be left and what plantings are to be added; only stamped survey plan was in the application--no surveyor’s stamp that shows wetland flags and flood zone. Right on 15’ setback. Everything on that plan was done by Ross Engineering. Landscape plan and surveyor’s site plan stamped. Close the hearing at the next meeting, extend phragmites mitigation and long-term plan. Want depth and size of sonotubes. Motion to continue to November 30, 2009 at 6:45 p.m. Mr. Greenbaum. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Kent Street Corp./Duval, 25 Mill Wharf Plaza (aka 150R Front St) (reconfigure & reconstruct floats)
Attorney Adam Brodsky, Engineer David Ray, and Ken Duval were present at the hearing. Abutters notification was submitted. 3rd phase of upgrading the marina. Licensed for 150 slips, proposing to reconfigure and provide 94 slips. U-shaped configuration, same as the original Chapter 91 license. Presently 85 slips, 25 dingys. Proposing no dingys. Net increase of 2,550’ for floats within the same footprint. DEP and Army Corps allow moving floats around. Need to amend the Waterways license. Primary reason moving to 94 is to have single load – 1 boat between the fingers; changing from double to single configuration required slight redesign. Thirty-three new fiberglass pilings. GZA to do a wind and wave calc; have all of that information. In addition to the pilings, small pile-supported platform. Resource area: land under ocean. Water-dependent project. Proposing a state-of-the-art marina. No alterations, neglible impacts putting in new pilings. No effect on rare species habitat. Has a pump-out boat for the harbor. Floats are seasonal. Doesn’t trigger MEPA review. Considering doing a small area of additional dredging, which has Harbormaster’s OK. Utility block is a staging area for marine activities. Mr. Bjorklund: limit of reconfiguration area, 87 through 95 maximum 22’ boats. Should get something in writing from the Harbormaster. No DEP #. Motion to continue the hearing to November. 30, 2009 at 6:50 p.m. Mr. Greenbaum. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Crary, 8 Oceanside Drive (elevate)
Doris Crary was present at the hearing. Abutters notification was submitted. Elevating under the grant program. House will be moved next door on town property. 60 pilings more or less. Large number of piles due to handicap ramp for access. Much of house is buried in sand, can’t do a final construction plan until lifted up to see where the supports need to be. Want to elevate 3’ above flood elevation. Ms. Crary is on the CRS/Coastal Hazard Committee. Flood elevation is 20’. Deck will be higher than the wall. No DEP file number. Will have orders ready next meeting. Motion to continue the hearing to November 30, 2009 at 6:30 p.m. Mr. Greenbaum. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Egan, 7 Hawthorne St (septic)
Kevin Grady, Grady Consulting was present at the hearing. Abutters notification was submitted. Resources: Riverfront area and flood zone AE elevation 11’. System is in failure. Connect existing plumbing to a conventional septic tank and trenches; majority in gravel driveway. No vegetation will be disturbed. Waiting for DEP File #. Motion to continue the hearing to November 30, 2009 at 6:30 p.m. Mr. Greenbaum. Second Mr. Urbanski. Motion passed by unanimous vote.

Order of Conditions: Conway, 67 Collier Rd (repair outfall pipe/replace existing wall)
Motion to condition the project Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Order of Conditions: Glancy, 250 First Parish Rd (addition/convert wooded area to meadow)
Unfortunately Mr. Kalishes wasn’t at the last meeting. Herbaceous plants and fence; have to manage long-term. Have to work at it and make a commitment. Motion to condition the project Mr. Bjorklund.. Second Mr. Urbanski. Motion passed by a 4 to 1 vote.

Order of Conditions: Leondike, 13 Brunswick St (septic/water service/drive reconstruction)
Motion to condition the project Mr. Urbanski. Second Mr. Bjorklund. Motion passed by unanimous vote.

Mr. Bjorklund recused himself.

Order of Conditions: Diamond Development R.T., 102 Scituate Ave. (raze/rebld/remove garage)
Motion to condition the project as amended to add crushed stone driveways and walkways Mr. Jones. Second Mr. Greenbaum. Motion passed by unanimous vote.

CORRESPONDENCE
October 22, 2009 – November 10, 2009
1. Change Order for Bike Path Phase II at Driftway. $15,900. 1. Additional clearing & grubbing; 2. reshape slope at Driftway; 3. Loam Borrow; 4. Additional fill where slope eliminated; 5. Reset siltation fences; 6. Replace hydrant; 7. Install curlex blanket to maintain slope.
2. Change Order for Bike Path Phase II at Driftway - $11,033. 1. Place boulder; 2. Seeding to stabilize slopes; 3. Guardrail
3. MEPA meeting response from Kevin Maguire for proposed dredging at North River Marina, 12 CJCH (in file)
4. Scituate Yearly Operational Plan 2010
5. Planning Board re: Subdivision plan for Ingrid Lane – located off Hatherly Rd
6. Planning Board re: Form A Application – 147/153 Hollett St
7. Draft Town of Scituate Stormwater Regulations
8. Recording of Certificate of Compliance for Medeiros, 157 Booth Hill Rd (in file)
9. 6 Oceanside Dr – M. Ball re: storage of soil on town-owned property for ca. 7 wks, to be removed upon completion of construction (in file)
10. 36 Brunswick St. – Engineer’s verification with several non-conforming conditions (in file)
11. Mediation session Oct. 27, 2009 for Lot 7 Summer St (in file)
12. DEP On-Site for Warsofsky, End of Sunset Rd – 10/27/09 at 10:45 – RESCHEDULED to 11/12/09 at 10:45 a.m. (in file)
13. Recording of CofC for Ruddle, 121 Glades Rd (in file)
14. Division of Marine Fisheries re: North River Marina, 12 CJCH – 5 Comments (in file)
15. Guimond’s response to Atty. Galvin’s Letter to DEP (in file)
16. 250 First Parish Rd – Figure 4 – Proposed Meadow (in file)
17. DEP – Unilateral Administrative Order – Town Way Extension – activity to cease immediately.
18. Notification to Abutters – Hyde, 66 Chief Justice Cushing Hwy. (in file)
19. Notification to Abutters – Kent Street Corp., 25 Mill Wharf Plaza (aka 150R Front Street) & abutters list (in file)
20. DEP File #68-2210 – Glancy, 250 First Parish Rd (in file)
21. DEP File #68-2211 – Hyde, 66 Chief Justice Cushing Hwy. (in file)
22. Planning Board re: Form A Plan/Flood Plain Special Permit, 102 Scituate Ave.
23. Request for CofC for Kent Street Corp., 150R Front St – 68-2151 (in file)
24. Notification to abutters for Crary, 8 Oceanside Dr – elevate (in file)
25. DEP – Unilateral Administrative Order – Musquashicut Pond Tide Control Structure – Hatherly Rd. – activity to cease immediately.
26. Atty. Thomas re: 23 Alden Ave. – question about curbing, walkway & gravel removal, and fence.
27. Division of Marine Fisheries re: Kent St. Corp., 25 Mill Wharf Plaza (aka 150R Front St.). No recommendations (in file)
28. Hyde, 66 CJCH - Mitigation proposal (in file)
29. Revised plans for 68-2104 due to mediation meeting 10/27/09 – Saunders, Lot 7 Summer St
30. Atty. Thomas re: 23 Alden St – representing Jens Bang & Karen Briggs owners of 49 Seaside Rd – concerned about fence and relevant info.
31. Waterways Application by Scituate Harbor Yacht Club, 84 Jericho Rd – comments 30 days from Nov. 13, 2009
32. Woodard & Curran – Directions Newsletter
33. Proposed mitigation for 68-2211 – 66 Chief Justice Cushing Hwy. (in file)
34. Planning Board agenda for Thursday, Nov. 12, 2009
35. Recording information re: 161 Summer St – 68-1070 & 68-1832 (in files)
36. House plans re: Sandonato, 7 Wood Island Rd 68-2196 (in file)
37. Second issuance: DEP – Unilateral Administrative Order Musquashicut Pond – They had no date stamp (but they did)
38. North River Commission Hearing Nov. 19, 2009 at 7:30 p.m. re: Hyde, 66 CJCH (in file)
39. Monitoring activities re: Groundwater and Soil Gas Sample Analytical Results – property at 2 Kane Drive – monitoring wells along First Parish Road – O’Brien’s Car Care, 157 First Parish Road
40. Wildlands News

Agents Report:
Sidewalk approved at Henry Turner Bailey. Requesting 2 new catch basins, has diagram of cross-section--Commission agreed that the change was within the scope of the project.

Hearing for Court December 9 for Augie Bloomstein, 242 Central Ave. and Elaine Stone, 28 Dartmouth. Mr. Urbanski will attend with Mr. Kalishes. Mr. Kalishes requested Mr. Urbanski to take picture of Elaine Stone’s deck.
3rd Cliff, Audubon and the birds: voted money for Tony Jones to do some mitigation; Audubon got involved, and Mr. Agnew agreed to pay Audubon $1,000. Would the Commission approve taking the $1,000 out of the Driftway Fund? Has to be every year in order to comply. $2500 is put in Driftway Fund for pier, etc. Commission could have voted to protect the birds. The town is responsible. Ask the TA and the Selectmen to come in and discuss the money and the Spit.

Two stop work orders from DEP on the town: 1) No further work on Town Way Extension without filing. Roadway is now on private property.
2) Musquashicut Pond: Stop managing Musquashicut Pond. Enforcement Order states that the town is draining Musquashicut. It is under an open set of orders extended till 2010 that Liz Kouloheras just signed. Tricia Vinchesi, Mr. Kalishes and Mr. Bangert are going to DEP.

30 Inner Harbor: shed on ground.
4 Lighthouse: all debris still on site.

Meeting adjourned 9:45 p.m.

Respectfully submitted,

Carol Logue
Conservation Secretary