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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, Ms. Scott-Pipes.

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

Agenda: Motion to amend the agenda to discuss a request from Mr. Bulman, Chairman of CPC, regarding a recommendation involving the Mirarchi property, next to the reservoir, and a discussion of the Zoning Bylaw Review Committee Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Request for Determination: The Glades Club, 1000 Glades Rd (relocate driveway)
Arthur “Hap” Pompeo was present at the hearing. Cliff has been eroding for a long time. Have an approved plan to move driveway away from cliff. Requesting Commission to consider allowing the removal of ledge restricting road for a distance of 40’ and moving driveway 8’ away from cliff. Closer to bank, but less disturbance. Rather see ledge hammered than blasted. How many years will this new location last? Driveway has been there since the ‘40’s. The orders previously issued are good for three years, therefore project could be done either way. Not removing or adding asphalt, not touching the bank. 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. A preconstruction conference shall be arranged with the Conservation Agent before work begins. 2. Coordinate with the Conservation Agent throughout the process. Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Request for Determination: Bristol, 78 Cedar St (parking area & deck)
Mr. Snow recused himself. Janet Bristol was present at the hearing. Opened hearing, but no quorum. Motion to continue to hearing to February 16, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.
Applicant’s representative is going to submit a more readable plan.

Wetlands Hearing: Dealy, 14 Hawthorne (foundation/addition) (cont.)
Chris Dealy was present at the hearing. Foundation plans have been submitted. Believe a special permit is required from the Zoning Board of Appeals, Building Inspector’s decision. Required to file for all required permits before we can issue an Order of Conditions. Motion to close the hearing Mr. Bjorklund provided ZBA approval is received. Need letter from Mr. Duggan if ZBA filing not required. No second. Motion to continue to February 1, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Wetlands Hearing: Tinory, 206 First Parish Rd (wetland delineation) (cont.)
Richard Tinory, applicant and Terry McGovern, Stenbeck & Taylor, were present at the hearing. Renotified the abutters and submitted notification. Sent request for monies to cover Commission’s consultant to review wetland line. Dr. Carr rehung flags, essentially the same line as previously delineated. Discussing all 3 parcels, not just Lot 3. Terry McGovern: Surveyed January 8. Don’t believe front area is a wetland. Need an updated and approved delineation. Understand Commission will engage a consultant as soon as a check is received. Will file a Notice of Intent for any dwellings. Contention that the isolated wetlands are not wetlands at all. Mr. Greenbaum: has an issue with Dr. Carr, who is a hydrologist--stated at the last meeting he was a certified wetlands scientist in NH; not listed in MA; concerned that we don’t have a certified person--would like that cleared up. Dr. Carr has worked on other projects in town accepted by the Commission. There isn’t a licensing process for wetland scientists in this state. Mr. Ivas will probably go to site first and then meet Dr. Carr. Applicants are not allowed to talk to Commission’s consultant. Commission can’t determine how quickly consultant can be scheduled. Mr. Bjorklund: at last meeting read proposal from Mr. Ivas, potential vernal pool—needs to appear on the plan. John Chessia, direct abutter at 215, not on plan or notified—would provide a reason for an appeal. Check with the assessors; original filing was for Lot 3. Jack Mills: lives downstream – 202 First Parish Rd – objects to any building or construction on property; submitted letter and pictures. Not an issue at this hearing. Artificial ditch dug years ago, 2’ berm, goes under a culvert. Debris blocked the culvert and caused a problem on his property. Stream, probably intermittent, located on property. Worried about potential flooding. Motion to continue to February 16, 2009 at 6:30 Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote. See Assessors, submit check, latest wetland report, and check for vernal pool location.

Wetlands Hearing: Fryling, 64 Booth Hill Rd (septic)*
John Chessia, Chessia Consulting Services LLC, and Peter Fryling were present at the hearing. Abutters notification was submitted. Mr. Snow wanted it known that he knows both Mr. Fryling and Michael Gilligan, but there is no financial connection. 1699 house with 2 cesspools. Resources: BVW and intermittent stream; 50’ buffer goes through house. Site is wooded along the wetland. Presby system with leaching field will be outside the 100’ buffer zone. Septic tank is in the 100’ buffer. Limited buffer zone disturbance; have to fill the cesspools. Haybale and silt fence will be used. Have Board of Health approval and DEP file #68-2219. Motion to close the hearing Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Brown, 89 Lighthouse Rd (raze/rebuild/dwelling/garage, etc.)
Alice Brown and Bob Crawford, E.E.T., Inc., were present at the hearing. Abutters notification was submitted. 5,000 sq ft lot with 50% wetland. All work lies within the 100’ buffer and 50’ no-build zone. Proposing to tear down existing garage and dwelling and replace with single-family dwelling on approximately 28 timber piles. AE flood zone elevation 11. 11’ at street and 5’ to 6’ at edge of wetland. The lowest structural member will be 2’ above base flood elevation at highest grade and 6’ above at lowest grade. Decks and porches on northerly, westerly and easterly side of house. Gravel parking is approx 300 sq. ft. Dwelling is approximately 1-1/2’ closer to wetland. Nothing built under house. Mr. Greenbaum: lot coverage within 50’ is going to increase by 470 sq. ft. Can consider mitigation. Has to go to Planning and Zoning Boards--afterwards will give Commission a foundation plan. Can’t close until we get structural plans. Motion to continue to February 16, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Agents Report: 16 Revere St – previous filing of garage in Humarock with addition above. Made them put garage on piers, but grading wasn’t thought through. Submitted a plan with grading instead of wooden ramp. Fill material is going to be bank gravel; put some pavers on edge and regrade front yard. Meets the performance standards, moves with wind and wave, of course pavers will not move too readily. Height of wall is 1-1/2’. Not a crucial area. Instead of a wooden ramp, they are doing this. Motion to accept the change of pavers and interlocking wall as within the scope of the project Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Order of Conditions: Fryling, 64 Booth Hill Rd (septic)
Motion to condition the project Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

CORRESPONDENCE
January 4, 2010 – January 19, 2010
1. DPW re: Residents’ Request – South end of Humarock – poor condition of River Road & Ocean Front St, Old Mouth Rd and interconnecting dirt roads. The town cannot do any work on private roads, residents would have to file NOI. DEP threatened town with fines regarding the same situation at Town Way.
2. DMF News – newsletter
3. Notification to abutters re: Fryling, 64 Booth Hill Rd (in file)
4. DEP re: 401 Water Quality Certification at Scituate Harbor Yacht Club – granted with orders (in file)
5. DEP File #68-2217 – Bloomstein, 242 Central Ave. (in file)
6. Recording of OofC for Scalley, 11 Garfield St – 68-2186 (in file)
7. Recording of CofC for Loeb, 13 Tenth St – 68-1888 (in file)
8. Planning Board re: Form A Application – 604 First Parish Rd
9. Recording of CofC for Keyes, 236 Central Ave. – 68-2187 (in file)
10. Recording of CofC for Larsen, 9 Shoal Water Rd (in file)
11. Recording of OofC for Nocera, 247 Central Ave. – 68-1871 (in file)
12. Recording of Extension for Nocera, 247 Central Ave. 68-1871 (in file)
13. DEP File #68-2218 – Tinory, 206 First Parish Rd (in file)
14. Request for CofC – Conway, 67 Collier Rd – 68-2208 (in file)
15. Foundation plan for 14 Hawthorne St 68-2207 (in file)
16. MA Congress of Lake and Pond Associations, Inc. Newsletter – Winter 2010
17. Division of Marine Fisheries re: Musquashicut Pond Restoration Project – will restore a more natural cycle of semi-diurnal tidal inundation of the pond, higher salinity, lagoonal environment. (in file)
18. U.S. Department of Commerce/National Oceanic & Atmospheric Administration re: Musquashicut Pond Restoration Project – Support letter. (in file)
19. Mass Bay Program re: Musquashicut Pond tide gate removal & salt marsh grass planting– improvement to pond (in file)
20. U.S. Dept. of the Interior – Fish & Wildlife Service re: Musquashicut Pond Restoration Project – Support (in file)
20. Revised Abbreviated Notice of Resource Area Delineation 206 First Parish Rd – (Lots 1, 2, & 3) 210, 214 & 218 (in file)
21. Bloomstein, 68-2217 – re: “formal request relating to the washout” enclosed copy of revised page 2 of form 3, NOI. Requesting to remove sand and stone washed up on property during storms and returning it to the front of the seawall.
22. DEP re: Warsofsky, End of Sunset Rd – 1. ANRAD dated 1/12/09; 2. ORAD dated 9/22/09 and Request for Superseding ORAD; 3. Request for Superseding ORD dated 10/5/09; 4. Superseding ORAD dated 12/4/09. Plans will be sent to the Office of Appeals & Dispute Resolution as soon as copied. (in file)
23. Brian Sullivan re: Warsofsky, End of Sunset Rd - Hearing Conference Memo (in file)
24. Mass Wildlife Magazine
25. Recording of OofC for 68-2215 – 1000 Glades Rd (in file)
26. Support letter re: 89 Lighthouse Rd – Gregory & Patricia Geaman, owners of 86 & 87 Lighthouse Rd (in file)
27. Ross Engineering re: 21 Peggotty Beach Rd – 68-2170 – Request to WITHDRAW NOI (in file)
28. Ross Engineering re: Lot 7 Summer St – Met 10/27/09 for mediation relative to applicant’s appeal of the OofC. Submitted additional data requested. Requesting another meeting with the Commission to resolve the issue. Advise of the next available day, time & place for meeting. (in file)
29. RiverWatch Newsletter
30. DEP File #68-2219 –Fryling, 64 Booth Hill Rd (in file)
31. DEP File #68-2220 – Brown, 89 Lighthouse Rd (in file)
32. TA letter to Mass DEP re: Herring River Coastal Low Impact Development Project – requesting adjustments to the grant budget.

Mr. Bjorklund re: Special Bylaw Review Committee: have gone through every page of the Zoning Bylaw, gone to all the meetings. Planning Board has rep on committee and Atty. Barbara St. Andre is working with them. There was never a requirement for a specific amount of open space. Mr. Bjorklund: Flexible open space only requires adequate access to the lots, doesn’t have to have 100’ of frontage for each lot-- frontage requirement is removed in flexible open space project. Open space requirement will be set at 30%. Have to do sketch plan and perc each lot and redesign project and perc again. When you want to save open space digging holes for percs disturbs the open space. When they craft a bylaw so tightly and so controlling there is always a way to get around it. Can do shared septic. Have not touched the Wetlands Bylaw. Zoning Board approval required for flood plain special permit. Bylaw Review Committee is supposed to send out notice of a public workshop. Want to get a statement from the boards. Mr. Kalishes: Need definition of flooding. Final copy was going to be done yesterday and should have been posted on the web site. Look at flexible open space, hopefully highlighted the changes which make good sense. Planning Board is going to have a workshop, tentatively February 25. Any comments get to Mr. Kalishes. Tributary component discussed, but no action taken.

Agent’s report: Musquashicut Pond will be coming in next meeting to remove the tide gates and plant marsh grass; only about 12 calls, no adversary calls.

Stormwater Regulations: Mr. Danehey extremely upset about the bylaw. Mr.Kalishes has not been getting any pressure at all. Thought there was going to be a meeting with Mr. Limbacher and Neil Duggan. As a developer and average homeowner, extremely costly. Initiated by MAPC.

Meeting adjourned 8:45 P.M.

Respectfully submitted,

Carol Logue, Secretary