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News/Events - Meeting Minutes

Meeting was called to order at 6:22 p.m.

Members Present: Mr. Greenbaum, Acting Chair, Mr. Bjorklund, Mr. Jones, Mr. Parys, Ms. Scott-Pipes, Mr, Urbanski.

Also present: Vincent J. Kalishes, III, Agent; Carol Logue, Secretary; Selectmen Rick Murray

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

Order of Conditions: Suburban Realty Trust / Goulston, 137 Hatherly Rd (remediation)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

CORRESPONDENCE
December 16, 2009 – January 4, 2010
1. Recording of OofC for 68-2195 – Bruno, 248 Central Ave. (file not in drawer) (in file)
2. Murphy, Hesse, Toomey & Lehane re: Municipal Client Advisory October 2009 – Changes to Conflict of Interest Law
3. Nationalgrid re: selective application of herbicides along power line rights-of-way.
4. Recording of OofC for 68-2213 – Egan, 7 Hawthorne St (in file)
5. DEP File #68-2216 – 137 Hatherly Rd (in file)
6. Murphy, Hesse, Toomey & Lehane re: Huie v. ConCom & Smith – Notice of Appearance (in file)
7. DEP File #68-2215 – 1000 Glades Road (in file)
8. Ivas Environmental re: Proposal for monitoring of Wetland Restoration for The Glen, 89 Summer St
9. CEI re: Proposal for oversight of DEP File #68-2122, 89 Summer St
10. Elevation Certificate for Crary, 8 Oceanside Dr (in file)
11. USDA – Wildlife Services re: Canada Goose Damage Management
12. Murphy, Hesse, Toomey & Lehane re: Huie v. ConCom & Smith – Need copy of file no later than January 15, 2010 (in file)
13. University of Mass Amherst – training at the Harvard Forest: forest ecology & stewardship, wildlife management, land protection. – Thurs. evening, 4/15 through 4/18. Application deadline: 3/1/2010.
14. Board of Selectmen agenda for 12/29/09 – Vote to close April 1010 Annual Town Meeting Warrant
15. Board of Selectmen agenda for 1/5/10 – Budget Review – Conservation
16. Proposal – Ivas Environmental re: ANRAD for 206 First Parish Rd (in file)
17. Revised plans for 248 Central Ave. (in file)
18. Hyde, 66 CJCH - North River Commission – Special permit issued: Nov. 19, 2009
19. The Beacon
20. MACC Newsletter
21. North River Commission –55 Moorland Rd – approval of as-built and signed CofC.
22. Recording of Extension of OofC 68-1985 – Stewart, 27 Collier Rd (in file)
23. Recording of OofC for Duval, 25 Mill Wharf Plaza (aka 150R Front St) (in file)
24. Request for a CofC for 6 Persimmon Dr (need DEP File #)
25. Planning Board re: Flood Plain Special Permit for 89 Lighthouse Rd
26. Planning Board re: Stormwater Permit Application for 520 CJCH. – new build disturbs more than 15,000 sq. ft.
27. Planning Board re: Form A Application – Glades Rd (division of tract of land)

Correspondence: The Glenn, 89 Summer St: Maybe hire CEI to review completeness and accuracy of plans and Steve Ivas, in Norwell, to monitor wetlands restoration. Ivas’ proposal is by the hour and CEI by the task. CEI did the engineering review. Proposals are just for the wetlands, not completeness and accuracy. CEI max $6250, Ivas $5,000 for 40 hours. Ask Ivas to include annual inspections, which probably won’t go over $6250; could vote to accept the quote if it includes annual inspections. Motion to accept Ivas Environmental’s proposal subject to the addition of annual inspections Ms. Scott-Pipes. Second Mr. Parys. Mr. Bjorklund recused himself. Motion passed by majority vote with one abstention.

Show Cause Hearing: Harrington, 18 Oceanside Dr (driveway)
Mr. Harrington was present at the hearing. Appears that the driveway was asphalt. Discussed when he came in the office. Should have called to say he was going to pave, asphalt over asphalt. No expansion. Elevated house 4 or 5 years ago. The Commission thanked him for coming.

Show Cause Hearing: Mazzola, 30 Inner Harbor Rd (shed with concrete foundation)
No one came or called the office. Door lost off shed. Concrete slab under shed. Motion to send out an Enforcement Order Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Dealy, 14 Hawthorne (foundation/addition) (cont.)
At last meeting Commission noted no more continuances, but because of the holidays will continue one last time. Motion to continue the hearing to January19, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Bloomstein, 242 Central Ave. (repair retaining wall)
No one showed.

Coastal Access Plan: review existing coastal access plan of 5 or 6 years ago. Driftway, railroad bed, Spit: all have issues. Mr. Kalishes will e-mail access plan to the members. Discuss at next meeting. Driftway Park: elements to be done next--amphitheater, float in the river, pavilion. Need to discuss The Spit issues--Mr. Jones won’t be here at the January 19th meeting, so schedule for February 1, 2010 meeting.

Minutes: Nov. 30, 2009. No approval, no quorum without Mr. Snow.

Wetlands Hearing: Bloomstein, 242 Central Ave. (repair retaining wall)
Mr. Bloomstein was present at the hearing. Abutters notification was submitted. Brought photos showing the erosion. Built a brand new wall for 245 Central that was approved by the Commission. At 242 Central, truck caused a 1” separation in the wall about 15’ back. There were 8 extra yards of concrete left from 245 Central, which was used to repair this wall – 18”x18”x50’. Thought repair essential to prevent substantial damage to his property, septic and possibly foundation. No one called about an emergency. Engineer was there, should have asked him to see if work made sense. Mr. Keyes had the emergency order; he did not have to wait. Issued the emergency order, approved preliminary plans. Mr. Keyes wasn’t satisfied with repair; he wanted to replace the wall entirely by the emergency order. If you have an emergency – call. The engineering company told Mr. Bloomstein that it would take 90 days to get approval; was afraid if he called, he would lose the wall in the interim. The engineer was wrong. Poor engineering could make things worse. Commission wants what is best for the residents and the entire beach area. Need to understand, as a contractor and a property owner, there are required processes. Did not dig underneath footing, filled hole underneath. Drilled footing and put rebar in – rebar sat there 3 or 4 days. Requesting fiberglass sheathing, interlocks with tongue and groove; have flexibility to follow toe of footing, and down 10’ below grade; would stop any erosion from getting to the base of the footing. The engineer needs to demonstrate that work meets the performance standards of a barrier beach--cannot imagine it does. Always have allowed emergency repairs there. Driveway is covered with rocks, has to take a bobcat and remove them. Mr. Kalishes: Illegal to remove the stone; need to file. Could have maintenance orders on driveway, but problem with putting back on beach. Once the barrier establishes itself, it becomes more stable. Found solution on Mann Hill Beach; put material on top of material.
Commission is not qualified to do structural review of plan. Need to hire a 3rd party; the applicant would pay the cost of that review.
Will request some proposals. Could submit RDA for maintenance order on the driveway. Using a shovel to move the rocks is one thing; bobcat is another. The material on the beach was about 6’ higher 10 years ago. Big seawall prevents material from coming back. Vertical wall causes washout.
Rick Murray: leaving aside this particular case – in terms of process, if someone calls and claims an emergency, is there a town time requirement or statutory obligation for a response? Didn’t hear a clear answer about driveway of what he can or cannot do. It is against the law to stick a shovel in the ground without filing. Do we go down there and catch people? Mr. Bjorklund: Everyone in Humarock lives on a barrier beach which moves all the time; law says we can’t let you do just anything--when you talked to the engineer, you knew you should have filed, and he was wrong about the 3 months; could have put a little sand in front of the wall. Mark McLaughlin, 234 Central: wall would not have survived storm that came right after concrete work; have never seen the beach that low. Mr. Kalishes: in this case we would have required the engineer to declare it an emergency. Motion to continue the hearing to February 1, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Tinory, 206 First Parish Rd (wetland delineation)
Dr. Gerome Carr, Carr Research Lab certified wetlands scientist in NH, and Richard Tinory were present at the hearing. Abutters notification was submitted. Want to redefine the wetland line, don’t think there has been any big change. Isolated pockets don’t qualify under the state statute. Area 1: piece of upland. Mr. Carr was working off a plan different from the one submitted to the Commission. Project was withdrawn in 2005 or 2006. Dr. Carr: on site the 16th and 19th, most of the flags are there. All the flags have to be present, otherwise reflag. Mr. Bjorklund: filing in front of us is for 1-13-CR – 1 lot, only Lot 3. Abutters list would only be for that one parcel. NOI is for the one lot. Tinory: Supposed to be filing on all 3 lots. Can amend the filing and pay additional fee, and verify that all abutters have been notified. Simple clerical error. The Commission needs to hire a consultant to check the line. Not going to be resolved tonight. Amend Notice of Intent to include the 3 lots. Can’t hear testimony on the other 2 parcels. Can only hear about the line on Lot 3. Dr. Carr: Flags set by soils, didn’t review all the flags. Have to review all the flags and replace any missing flags. To check the line, have to have bare ground. Can do wetland line in snow. Commission had a wetland line set when snow-covered, and had to reflag because items were missed. Line approved in 2002, only good for 3 years. No past work is valid. Need to know our bylaw. Mr. Bjorklund: potential vernal pool 22216 within 100’ of project site, and there is a 250’ buffer zone to the vernal pool. Make sure your filing is complete, with potential vernal pool and consultant should be using the same plan, Notice of Intent refers to that plan. Once the plans are done the Commission will pick a consultant. Property has to be reflagged and resurveyed. Any and all wetlands on the property have to be flagged. Agree on a consultant in 2 weeks--we need enough documentation so the consultant has review parameters. Motion to continue the hearing to January 19, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Show Cause Hearing: Mazzola, 30 Inner Harbor Rd (shed with concrete foundation)
Motion to rescind the original vote to send an Enforcement Order Mr. Bjorklund. Second Mr. Jones. Motion passed by unanimous vote.
Mr. Mazzola’s brother was present at the hearing. Issue: shed underneath pilings - supposed to be open with no structure. Shed was not approved. Picture shows an outside shower, before house was raised--has been there for years. There is another shower enclosure, plumbed, with top totally open, no roof, under the house, and a door for privacy. Would have to be an enclosed structure. When house was elevated, removed a 10’x 25’ concrete slab. Decrease in concrete. Made a mistake, did not intend to defraud anybody. Massive slab, half of which is undermined. Mr. Parys: Poured a huge slab, need to remove the concrete--If already a problem, it will be more so in the future. Extremely volatile area. Get shower up and remove concrete. Motion to remove cement within 30 days and submit a proposal that allows sand and water to move Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Mr. Bjorklund recused himself.

Order of Conditions: Haufler, Lot 2 Peggotty Beach Rd (new build)
Ms. Scott-Pipes wants an Enforcement Order issued. Went over the findings. All fill previously placed on site shall be removed and the area revegetated. Dig out to hydric soils. Single family house is denied. #25 makes #19 redundant. Mr. Urbanski: created a flooding situation down gradient. Flooding started before sewer project started. Time limit for revegetation plan. Add: Revegetation plan shall be submitted by February 1, 2010 for approval by the Commission. Remove fill by March 1, 2010. Whole project has to be supervised. #27. A certified Wetland Scientist shall supervise the project for the Conservation Commission to be paid for by the applicant. Plantings shall be completed by June 1, 2010. Remove #19 completely. Motion to deny the project Ms. Scott-Pipes. Second Mr. Urbanski. Motion passed by majority with one abstention.

Motion to issue an Enforcement Order stating all the same orders as previously discussed Ms. Scott-Pipes. Second Mr. Parys. Motion passed by majority vote with one abstention.

Discussed: Appleton Field: Mr. Bucca’s request for a 5-year license:
Ms. Scott-Pipes: should stay as originally set up by our Town Counsel. Ask attorney. Need permission to talk to Town Counsel. Start 1 year after the last expired year.
Restart the lease, like to see him there, ease his mind. Extend the existing dates 3 years. Motion to rewrite the license date from today, for an additional three years Mr. Jones. Second Mr. Parys. Motion carried by a vote of 4 to 1. Mr. Bjorklund recused himself.

Discussed: Hingham District Court with Stone, 28 Dartmouth St: She tried to make all sorts of excuses and the Clerk Magistrate didn’t want to hear them. The Magistrate stated: the Commission just wants you to file for the inconsistencies with the Order of Conditions.

Request for Adjudicatory Appeal for 68-2155 – End of Sunset Rd – Pre-hearing at DEP in Lakeville, 10:00 a.m., January 14, 2010.

Budget: Tomorrow night in front of Selectmen.

Public meeting on the Ethics Law tomorrow night, at 5:30 p.m. at the GAR Hall.

The Spit: Should we be asking the town for money for the Audubon Society?

Ms. Scott-Pipes: Community garden – trying to contact the man that does garden behind the school house. Maybe Conservation could pay the water bill. Proceeds from there would go to the food pantry. Somebody has to pay for the water.

Meeting adjourned 9:45 p.m.

Respectfully submitted,

Carol Logue, Secretary