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News/Events - Meeting Minutes

Meeting was called to order at 6:18 p.m.

Members Present: Mr. Snow, Chairman, Mr. Bjorklund, Mr. Greenbaum, Mr. Jones, Mr. Parys, and Mr. Urbanski.

Also Present: Carol Logue, Secretary

Agenda: Motion to amend the agenda to include walk-ins: Augie Bloomstein, 242 Central Ave. discuss reopening project; Emergency Certification: Anthony Antoniello, Mill Wharf and discuss Bay State Gas, River Street Mr. Urbanski. Second Mr. Bjorklund. Motion passed by unanimous vote.

Request for Determination: Snow, 25, 29, 35 Bayberry Rd (remove & resurface roadway)
John L. Snow, 35 Bayberry Rd, was present at the hearing. Road is private, has been paved numerous times over the years. Repaving will be done in the same footprint. Need to know whatever is taken out is properly disposed of – certificates from disposal site. Tried a couple different types of surfaces – stones were the worst. Don’t expect it to be a forever fix, expect it will last about 5 years. Mr. Snow: in sensitive area, other than requesting some possible erosion controls, this is just maintenance of existing road. 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. If any siltation is detected the applicant shall immediately call the office and install erosion controls. 2. Schedule a preconstruction before work begins at which time the applicant shall produce a schedule of when grading and paving will take place. 3. Call office 24 hours before work begins. Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Walk-in: Anthony Antoniello,
Anthony Antoniello, RPE, re: Emergency Certificate for Mill Wharf. Submitted a letter and a sketch. Timber bulkhead on east curves along north side has vertical piles and horizontal timbers, and several of the horizontal members broke loose. 1-1/2” stone material slumped off. In the future will rebuild the entire bulkhead, but right now concern is with the void under the concrete sidewalk. Might be a potential collapse of sidewalk. Apparently best thing would be to support the end of the sidewalk that sits next to the vertical piles; at every vertical pile, bolt an 8x8’ beam with a 30” galvanized bolt, put large horizontal members back and bolt. This is a temporary repair. Mr. Antoniello will oversee the work so it is done properly. Motion to issue an Emergency Certificate contingent upon filing a full Notice of Intent within 120 days Mr. Urbanski. Second Mr. Bjorklund. Motion passed by unanimous vote.

Walk-in: Augie Bloomstein, 242 Central Ave.
Submitted copies of the Appeal to the members. Mr. Kalishes suggested he come in and request to reopen the hearing. Didn’t realize that he was on the agenda every month. Mr. Urbanski: Need clarification that there is no problem with reopening; each hearing was continued to a specific date and time, and you have to be here or send a rep; no one showed up time after time. Basically we are considering waiving the fees. DEP prefers that things are worked out with the Commission. Motion to waive the filing fees if Mr. Bloomstein decides to refile the project Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote. Needs to advertise and notify abutters.

Emergency Order: Bay State Gas, River Street/Old Mouth Road – moving gas line away from the River. Motion to issue an Emergency Order for Bay State Gas Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Show Cause Hearing: Slocum, 48 Town Way Extension (alteration of barrier beach)
No one attended the hearing. Mr. Bjorklund: Mr. Kalishes informed him that when the police tried to stop him from working, he didn’t. Visited site today—he cut a 5’ deep section and moved the sand under his house. The sand he moved is gone from the ocean side back to the 3rd line of pilings. Completely lost all the sand he moved from the back property, which was put in at the steepest slope possible. Go to next level and file in Hingham District Court Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Show Cause Hearing: Kamman, 31 Candlewood Drive (cutting & filling in buffer zone) (cont.)
Atty. Adam Brodsky was present at the hearing. Brad Holmes is working on a plan. Been in contact with USDA, talking about a farm plan. Has gathered all the historical information and been out to the site. Working on restoration plan and aspects of agricultural plan. Motion to continue to May 24, 2010 at 6:30 p.m. Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Request for Determination: Close, 132 Summer St (underground propane tank) (cont.)
No one attended the hearing. Still looking for a site plan, letter from installer of tank or fire dept. Mr. Bjorklund spoke to the Fire Chief and was told if the tank does float above the ground, it has a safety switch. Motion to continue to May 10, 2010 at 7:05 p.m.
Mr. Bjorklund. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Stone, 28 Dartmouth St. (response to EO/deck, plus)
Atty. Adam Brodsky, Dick Rockwood and Elaine Stone were present at the hearing. Abutters notification was submitted to the office previously. History: The Stones filed in September 2002 to raze the house and install a septic system. Commission denied house. House was originally located in the V Flood Zone. Negotiated to move out of the V zone. Issued an Amended Order in 2005 approving house. Mr. Kalishes approved a field change for a removable deck in 2005. Requested a Certificate of Compliance, Bob Crawford identified several items that were not in compliance. An Enforcement letter was sent and eventually went to Hingham District Court. Atty. Brodsky submitted letter identifying all the items, using Mr. Crawford’s list. Existing driveway on west side of property, originally was stone and turf grass; pavers were installed on sand in that area. Mr. Dealy and Mr. Rockwood confirmed that the foundation was in compliance and meets the state building code. Garage access drive: specified to be crushed stone & gravel, but changed to pavers. Will reconstruct deck to conform; cut in panels and removed in winter. Deck was framed in sections, put decking material on and never made the final cut. Other minor changes: Shower plumbed on deck will be removed. Chimney removed and replaced with a gas structure, bump out within footprint of existing porch. South side of property deck expanded from 5’ to 7’ wide. Northwest porch deck stairs, constructed differently from what was shown on the plans. Garage deck supposed to be 8’ reduced to 6’. Needed to elevate mechanical system, 3’x8’x2’ deck supports air conditioning with a 2’ wide paver walkway. Quite a bit of concrete was removed and replaced by a 2’ wide paver walkway and a 4’ wide paver walkway from deck to garage. Shower on southeast corner not on plan. When septic was installed, did not replace turf grass (some turf grass not required to be removed). Small dune with dune grass. Mr. Bjorklund: Basically took Bob Crawford’s letter and followed it item by item--all the things in Bob’s letter have to be addressed; deck is the biggest issue; area of dune was reduced in size; all the additions on the house reduced or larger will have to addressed; want the deck out of there at the end of the season. Mr. Greenbaum and Mr. Bjorklund will review the orders. Mr. Jones: moved house out of the V flood zone 2’, to stay within the AO flood zone--if so there is a 2’ encroachment into the road layout. Ms. Stone: took out the cement and put pavers in; a lot of concrete was removed; will submit pictures of dune area and cement. Motion to continue to May 24, 2010 at 6:35 p.m. Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Gibbs, 34, 36 & 38 Inner Harbor Road (post-storm management plan)
Stan Humphries from LEC, Senior Coastal Geologist, was present at the hearing. Abutters notification was submitted. The condition of the properties didn’t allow for specific survey; used assessors map as a base plan. Resource areas: salt marsh, coastal dune, coastal beach, barrier beach and land subject to coastal storm flowage. 6 existing dwellings on back side of primary dune, lower side toward the marsh, there is an opportunity to maintain access of the roadway after storms. Currently what exists is a number of different piles of sediment, mainly between 36 & 38 Inner Harbor Road. Essentially proposing a 7 step post-storm process: a front-end loader will come off the town parking lot, clear out sediment to approx. 9.5 elevation and surface the road with compatible material to elevation 10’; clear a narrow area between the road and the marsh to restore parking for 34, 36 & 38 and a narrow area between the road and the dwellings for access. Sand will be temporarily stockpiled off the access, between and seaward of dwellings 36 & 38. Any damaged walkways or snow fencing will be removed and replaced with beach accesses laid out and planting of shrubs and beach grass. Elevated walkway a possibility, but not enough time to develop now. Will get through this project and come back with an amendment for an elevated walkway probably off 34. Stockpiled material will be moved along the upper beach, and a bobcat will move the sand to the restoration area and do final grading with crest of dune at elevation approximately 22’. If not enough material, a compatible material will be brought in. Town owns area where material will be put. Town could clear parking lot and bring to dune. Want to entertain either through an Order of Conditions or Certificate of Compliance, maintenance in the future in perpetuity without coming back to the Commission. Road is currently cleared; material has to be redistributed; want to maintain a coastal dune and elevations. The piles that do exist on left side and between 36 & 38, moved into the yellow section on the plan and equally distributed along the frontal dune. At this phase of the project, if the Commission wants, the other mounds can be moved to the dune. Dune restoration will be done to the extent there is enough material provided by the overwash, or other resources, either by applicant or town. The plan leaves it open. From houses to beach, there is only private access. Peggotty Beach plan was drafted, but not sure if Selectmen adopted it; used as a guide. Have the opportunity to rebuild the dune which, for the moment, makes a lot of sense. State is changing its philosophy: people he talked to at the state favored this plan. Walkway might be moved between 30 & 34; technically on town property; could set an Order to that effect. Showing that the dune extends all the way north. Spread sand mostly from 34, 36 & 38. Want the approval to build dune in front of other houses, if they come on board. Assume we can put the drift fence along the other properties. Want to emphasize, we want to make sure it is evenly graded along the 6 properties. Pretty important to get the other 3 properties on board. The majority of what they are doing is on public property. Think need approval from Selectmen. Town is on board. As far as FEMA is concerned this could be eligible for public assistance, if maintained properly. Could create a Peggotty Beach account or fund. There is a way to have a partnership. Vegetation and root systems could improve the situation; vegetated area to the north seems to be working. Significant overwash channel. Sent an Enforcement Order to the other end of the beach, more of a cease and desist. Lee Wiles, 28 Inner Harbor Rd – concern about time spent taking care of town property; quoted the Peggotty Beach Report written by Mr. Humphries “dune nourishment without beach nourishment would not be as effective or long-lasting;” concern about leaving rosa rugosa which has proven to be strong enough to come through the sand. Paul Foti, 26 Inner Harbor opposed to covering the rosa rugosa in front of his house, which has been successful; concerned about walkway and limiting access; in favor of replenishing the dune and leaving plantings; don’t understand why the town doesn’t want to get involved and help out--asking 6 of us to pay for this work, but the town is really screwing us. Geraldine Mazzola, 30 Inner Harbor: walkway always had access servicing 2 families, with rose bushes where you propose a walkway—don’t understand the proposed location. Would like input from agent. Motion to continue to May 10, 2010 at 7:10 p.m. Mr. Jones. Second Mr. Urbanski. Motion passed by unanimous vote.

Meeting Coast Guard, Environmental Police & Audubon regarding the Spit.

Ms. Dobie: re: 28 Dartmouth – Mr. Brodsky mentioned land subject to coastal storm flowage but did not mention barrier beach. It is a barrier beach. Yes. Performance standards mostly deal with elevation.

Order of Conditions: Martin, 43 Rebecca Rd (elevate)
Motion to condition the project Mr. Bjorklund. Second Mr. Jones. Motion passed by unanimous vote.

CORRESPONDENCE
April 15, 2010 – April 26, 2010
1. Progress Report – 68-2216 – 137 Hatherly Rd - VHB re: Former Proving Grounds Remediation Project
2. Recording of OofC for 68-2222 – Boyajian, 43 Oceanside Dr (in file)
3. Recording of OofC for 68-2230 – Guimares, 172 Cornet Stetson (attested order recorded) (in file)
4. Stellwagen Banknotes
5. DEP – Warsofsky – Final Decision – 68-2155 – Motion for reconsideration must be filed with the Case Administrator & served on all parties within 7 business days of the postmark date of this Decision. Judicial review may be appealed to Superior Court within 30 days of receipt of this Decision. (in file)
6. Coastal Connections Newsletter
7. MassWildlife News
8. Plovers & Third Cliff – 4 pairs – fencing was erected 4/5/10. (Mr. Kalishes e-mailed members)
9. Massachusetts Trails Workshop Series – Saturday, May 15th, Sanderson Academy in Ashfield, MA (Mr. Kalishes e-mailed members)
10. Emergency Gas Main Replacement – River St - (e-mailed to members)
11. DEP File #68-2232 – Stone, 28 Dartmouth St (in file)
12. DEP File #68-2233 – Martin, 43 Rebecca Rd (in file)
13. DEP File #68-2235 – Mitchell, 31 Surfside Rd (in file)
14. DEP File #68-2236 – Donovan, 33 Surfside Road (in file)
15. Emergency Repair re: Mill Wharf Restaurant – Timber Bulkhead (e-mailed to members)
16. Revised Site Plans for 43 Rebecca Road (in file)

Meeting adjourned 9:15 p.m.

Respectfully submitted,

Carol Logue, Secretary