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News/Events - Meeting Minutes

Meeting was called to order at 6:18 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; Richard Murray

Agenda: Motion to amend the agenda to include a vote on the use of the field at Teak Sherman Park Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Town of Scituate/DPW, Musquashicut Pond, Hatherly Road (remove unauthorized sluice tide gates & plant salt marsh)
Al Bangert, DPW Supervisor, and Jason Burtner, CZM, were present at the hearing. Abutters notification was submitted. Proposal: remove sluice gates at the entrance of Musquashicut Pond, which were installed in 1999, without environmental review and Chapter 91 license; manual gates will stay in position in the event of emergency action. Action recommended by an advisory counsel and in response to a DEP Enforcement Order. Town met with DEP November 6, 2009 and agreed to this action, which will result in compliance with the Waterways Act. Strike Pellets have been used to control the midges, which is only used for sewage treatment. Secretary of Environmental Affairs, Army Corps, DEP, CZM, Conservation, DPW, and other state agencies are working to improve the environmental quality of the pond by increasing salinity through tidal flushing. Letters from various agencies (US Dept. of Interior Fish & Wildlife Service, NOAA, Mass Bays Program, Commonwealth of MA Division of Ecological Restoration, and Division of Marine Fisheries) support tidal restoration work and plantings. The pond is a Category 5, lowest possible rating. The gates have been open since September 2008. Work to take place, probably, late summer. Grass will be planted over the next few years, materials supplied by Town with volunteer groups doing the planting. To date, pond impacts are positive, including the appearance of shellfish seedlings. If, for some reason, gates have to go back, would have to file for different gates. To keep gates, there would have to be a Chapter 91 license, which would not be issued. Midges have been a problem since the causeway was built; they survive when salinity drops below a certain level. Ellen White, Surfside Road: need the gates to control midges, flooding, while sea grass will bring mosquitoes and reeds. Larry Swain, 12 Mitchell Ave., & Craig Fritz, 11 Mitchell Ave., spokespersons for Musquashicut Improvement Association, brought handouts: mission is for a healthy pond and pond life and best balance of water quality; low tide and mud flats stink—a change from when they moved there; Notice of Intent is neither true nor complete. Relative history extends back to the 1930’s. Original tide gates were installed in the 1930’s. The other part is the past extensive dredging to make it possible to flush the pond. Still a large pile – 5’ to 6’ tall, covered with trees. Historically gates opened once a month, usually through the summer months. Only time there was free exchange was when a storm breached the barrier. Removing gates that were voted at town meeting for about $80,000. Diminishes ability for flood control. Before electric gates, a backhoe had to be brought in. Lived on pond for 20 years – gate opening schedule was not regular and it was critical to flushing. Mr. Greenbaum: now flushing is twice a day; manual gates will be closed in anticipation of a flood; management plan is inconsistent with what abutters want--don’t want mud flats, do want pond flooded. Mr. Bjorklund: Commission is under an order from DEP to remove the gates; concern is with any physical damage that might occur when the gates are removed. Order can be appealed to DEP. Ms. Scott-Pipes: reports have shown the salinity is good, more species coming back, clam buds coming back; healthiest the pond has been in years. Abutters believe they have had no consideration and major decrease in property values. Great amount of effort has been put into information sessions and notifying people. Trying to make it safe for humans and creatures. There is no algae bloom or midge problem. Creating a new type of environment that was not there before. Mr. Kalishes: based on our studies, this is the way to go. Mr. Urbanski: primary objection is to the mudflats. Larry Swane, 11 Mitchell: the pond now is a stinking mess that is offensive, and affects property values. Jason Burtner, CZM: water quality and habitat have shown recovery since the tide gates have been left open; in 2001 the town was directed to promote a fishery for Musquashicut Pond, a public trust resource, and that is why there is significant support from state agencies. Bob Vogel, 40 Surfside Road: trade some of the benefits for no stinking mud flats. Mr. Greenbaum: salt marsh grass planting will help provide a nursery habitat for fish, storm damage and flood control, natural mitigation for pollution, and an esthetic vegetative buffer to the intertidal area. Mr. Vogel: leave gates in the up position--could have them function with a salinity feature; get the Chapter 91 permits. To get the permits, we would have to justify why we were going to impede a navigable water source, and justify why we needed the gates, and we would need the support of the state agencies. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.
By closing the hearing no decision has been made.

Wetlands Hearing: Dealy, 14 Hawthorne St (foundation/addition) (cont.)
Applicant requested a continuance to allow time to file with the Zoning Board of Appeals. Motion to continue the hearing to March 1, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Bloomstein, 242 Central Ave. (repair retaining wall)
Received Mr. Bloomstein’s check for consultant’s review. Motion to continue the hearing to March 1, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Boyajian, 43 Oceanside Dr (raze/rebuild)
Paul Mirabito, Ross Engineering, Inc., was present at the hearing. Abutters notification was submitted. Requested a continuance, owner and attorney were unable to attend this meeting. Motion to continue the hearing to February 16, 2010 at 6:40 p.m. Ms. Scott-Pipes. Second Mr. Urbanski. Motion passed by unanimous vote.
CORRESPONDENCE
January 20, 2010 – February 1, 2010
1. 3rd Annual Coastal Erosion Control Workshop – 2/25/10, Marriott, Hyannis, MA. Fee $30.00. Sign up by Friday, 2/19.
2. Atty. Brodsky re: Kent Street Corp., extending dredge permit; remaining 600 yards start 11/1/10, completed 1/20/11.
3. Recording of OofC for 68-2219 – Fryling, 64 Booth Hill Rd (in file)
4. Recording of CofC for 68-1738 – First Parish Road Co., Inc./Welch Co./Stephen Warner, 134-166 Front St. (in file)
5. Planning Board Agenda for January 28, 2010
6. Planning Board re: Stormwater Permit, 520 Chief Justice Cushing Hwy. – approved.
7. MassWildlife News
8. DEP re: Warsofsky, end of Sunset Rd – 68-2155 – Pre-Screening/Hearing Conference Order (in file)
9. Recording of OofC for DEP File #68-2198 – Collier Road/Gilson Rd – Third Cliff (in file)
10. Recording of OofC for DEP File #68-2199 – Glades Road near Cliff Estates Rd (in file)
11. Recording of OofC for DEP File #68-2200 – 89 & 91 Rebecca Rd (in file)
12. Recording of OofC for DEP File #68-2201 – Cliff Road – Fourth Cliff (in file)
13. Recording of OofC for DEP File #68-2202 – 17 & 35 Surfside Rd (in file)
14. Recording of OofC for DEP File #68-2203 – Glades Road – Minot Beach Area – 109-139 Glades Rd (in file)
15. Recording of OofC for DEP File #68-2204 – Edward Foster Road (17 Circuit to 184 Edward Foster Rd [First Cliff]) (in file)
16. Recording of OofC for DEP File #68-2205 – Crescent Ave – Second Cliff (in file)
17. Recording of OofC for DEP File #68-2206 – Stanton Lane (in file)
18. Planning Board Workshop on Proposed Zoning Bylaw Revision 1/28/10 8:00 p.m.
19. UMass, Amherst, re: identifying important people who can make the conservation difference – Keystone Project
20. Received check from Bloomstein, 242 Central Ave.
21. Request for CofC for 64 Booth Hill Rd (in file)
22. Chessia re: 209 (206 filing) First Parish Rd – not properly notified, but present at hearing. Pond on 209. Area in question near First Parish is not a new occurrence. (in file)
23. Sherin & Lodgen, attorneys representing Liddell, 43 Town Way Ext. re: letter from DPW 12/14/09 prohibiting roadway work on public way. Unilateral administrative action from DEP doesn’t provide a legal basis for the town to ignore maintenance.
24. Bloomstein, 242 Central Ave. - Received $850.00 check for consultant.
25. Division of Marine Fisheries – re Musquashicut Tide Gates. (in file)
26. Ross Eng. re: Scalley, 11 Garfield St., 68-2186 – as-built elevation of the top of pile 11.3 msl, above approved 11.2. (in file)
27. DEP File #68-2221 – Musquashicut Pond, Hatherly Rd (in file)
28. DEP File #68-2222 – Boyajian, 43 Oceanside Dr (in file)
29. Info from V. Bucca re: Recreational use shields owners from liability
30. DCR info from V. Bucca re: Understanding Forest Land Valuation for Ch61 & Ch61A

Correspondence: There is an announcement 3rd workshop Coastal Erosion – on the 25th fee $30.00. End of month have annual MACC meeting.

Agents Report: Mr. Snow & Mr. Kalishes met with DEP re: Sunset Rd. Brian Sullivan was attorney. DEP said they would reaffirm the findings of DEP, might be potential of upland soils on the edge. Would do a supplemental wetlands delineation under the appeal. They were supposed to come to see Mr. Kalishes last week but didn’t.

Mann Hill: dredge spoils that came out of Scituate Yacht Club – limited to town right of way. Didn’t go as easily with all the abutters that wanted this material previously. Supposed to have another meeting in the spring. Three abutters were for it and 2 were not. Stone was similar to cobble on the barrier, just a little smaller. Yacht Club had to go to DEP and they had to approve the site regarding sediment. Second area that has been done.

Partial Certificate of Compliance requested for 64 Booth Hill Rd

Minutes: Motion to accept the minutes of November 30, 2009 and Dececember 15, 2009 Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.
Ms. Scott-Pipes: Teak Sherman Park – reuse of field for a community garden ready to go in March. Over half of the field will be used to supply the Food Pantry. First will go to seniors in the housing developments to see if they are interested in a plot for some vegetables. There will be a shed to store hoses, on the uphill side. Shouldn’t be any issues. All organic. Only wetlands are on downhill side. Shed will be over 100’ away. Gene Babin will bring in water to be used. Commission’s consensus was to file a Request for Determination with a sketch plan showing the plots. Disturb more than 15,000 sq ft of land? Field is approximately 145’ x 76’. Nobody knows where this place is. It is an agricultural field already. If it is not in a jurisdictional area, then there is no problem, may not have to file. Want to do it right. Mr. Murray: They came before the Board of Selectmen – “Sustainable Scituate” good idea for a paper trail, even if it is 1 page. Already looked into shed. Mike Breen said they will make one for us.
Mr. Jones was asked about the Spit progress. Submitted something to the TA. She and Jones have to talk. Too early to discuss.

Stormwater Regulations: Discussed problems with the current state of the document, the requirement per the bylaw of the 15,000 sq ft area, the duplication of existing Stormwater regulations, the Planning Board role especially because of the projects that do not come under ConCom jurisdiction. Need to get through the definitions, consider all the ConCom concerns, work efficiently and not create a conflict with the Open Meeting Law requirements. Discussed having an extra meeting, or a few of the members discussing and then report back to the Commission. Document should be able to stand-alone, not find definitions in another document. Once the regulations are approved, they must be integrated into the Commission’s rules and regs.

Coastal Access Plan: is the Spit.

Meeting adjourned 8:17 p.m.

Respectfully submitted,

Carol Logue, Secretary