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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, Ms. Scott-Pipes, Mr. Urbanski.

Also Present: Paul Shea, Interim Agent, Carol Logue, Secretary, Allan Greenberg, Associate Member

Agenda: Mr. Snow would like to briefly discuss 315 Clapp Road. Motion to amend the agenda to discuss 315 Clapp Road Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Agents Report: 48 Lighthouse Road/unsafe porch: Added hurricane straps – dictated by building inspector. He will be filing a NOI. Commission allowed work on the porch area. Mr. Greenbaum: concerned with resource areas, whether construction meets requirements --far greater scope than the Emergency Certificate covered; at some point should take supervision over this. Mr. Snow: if they have done something wrong we have the right to make them fix it; didn’t want to just shore up, wanted to get the footings in. Lot has been loamed and seeded. Mr. Bjorklund will visit site and speak with applicant tomorrow.

Extension: Request to extend Order of Conditions for Lot 2 Dreamwold Estates. Motion to extend the Order of Conditions for 3 years Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote. Motion to refile the Request for Determination, not extend Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

315 Clapp Rd – Owner talked to Mr. Kalishes about 6 months ago. In creating a front stonewall for safety reasons--cut vegetation, cleaned up area. Stream under the road just to the left of house; work has to have been in the buffer zone. Disturbance at the time was pulling rocks out.

Request for Determination: Simons/Wagner, 45 Rebecca Rd (footings for stairway)
Ruth Wagner was present at the hearing. Ocean side of Rebecca. Circular metal stairway from the first to second floor. Want to remove and replace with regular stairs. Will need a 15’ x 10’ addition on the front, not ocean side; encase the front door and go up 2 stories. Foundation: will be poured cement with openings on both sides. Can issue a negative 2 in a flood zone; buffer zone negative 3. Motion for a Negative 2 and Negative 3 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.” Negative 3: “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).” Before work begins a preconstruction conference shall be scheduled with the Conservation Agent. Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Show Cause Hearing: Kamman, 31 Candlewood Dr (cutting/filling in buffer) (cont.)
Attorney Adam Brodsky was present at the hearing. Brad Holmes update. Ralph Cole is going to do survey. Assured he will have the survey plan in 3 weeks. Mr. Snow: we’ve been very lenient. Can’t explain why survey hasn’t been done yet. Filings are ready to go. Motion to continue hearing to June 21, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Stone, 28 Dartmouth St (response to Enforcement Order--deck, plus) (cont.)
Attorney Adam Brodsky, Dick Rockwood and Mrs. Stone were present at the hearing. Brought pictures: 1995 photo from west side shows concrete. Concrete removed and replaced with pavers. Also photos of dune, which is actually on the neighbor’s property. Asked for pictures before house was rebuilt that shows turf grass in the back yard. Did not have any with her. Deck was designed and actually built in 8 separate sections, but the top decking was never cut. Biggest section is 8’x9’. Elevation 16.6’ NGVD, not consistent with plan, calls for 17.6’. Plan was modified; 2 sets of plans. AO zones--no base flood elevation needed. 2’ satisfies requirement for building codes. Had about 6 meetings. Discussed 30’ splash zone. Moved house back. If porch is covered, it is a structure. Septic behind the garage, under the gravel. Originally filed in 2002, septic system was approved, 2004 house approved, Order issued in 2005. Couldn’t replant turf grass over the septic. The original grass is there. Turf grass was removed from the leaching area. Looks like some of the turf grass is over the septic. Received all the information Motion to close the hearing Mr. Bjorklund. Need dates to remove and reinstall deck. Second Mr. Jones. Motion passed by unanimous vote. Orders to be discussed at the next meeting.

Wetlands Hearing: Tinory, 206 First Parish Rd (wetland delineation) (cont.)
Lenore White, Wetland Strategies, and Rick Tinory were present at the hearing. Received a revised plan. Steve Ivas: no problem with line in back. Wasn’t sure about the front of the lot, agreed there are some isolated wetlands. Wasn’t able to find all the flags. Would like the back line confirmed; hold off on wetland in front until after applicant decides what he wants to do. Issue of this being only a partial delineation—isolated wetlands need to be confirmed. No work shall take place on this property until isolated wetlands are confirmed. Isolated area is pretty much dead center in the middle of the property. Plan revised May 7, 2010. Motion to accept Flags CRL8 and BVW 1A and 1-10 Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by a 5-1 vote.

Spit: Sue McCallum, Audubon South Shore Sanctuary Director, was present. Concern is with the Spit and how to protect it, including plovers, dunes and safety issues. Had a meeting including the environmental police and the harbormaster, right down to the Coast Guard. That is the first time so many people talked about the Spit at one time. Signage needed: Mr. Jones: Need to advise the public of what the rules are and post the signs where they will be seen, and develop other informational bulletins. 2 tasks: 1. was to find out what our bylaws were in town relative to beaches; 2. whether we could develop some signage; any reason we can’t make our own rules? Mr. Snow: would be good to work with Audubon, figure out what needs to be put there. Draft language before having a sign made, run by police and TA to see if enforceable. At the same time, we have to publish a notice if changing the bylaws. Need to get some signs up. Sue McCallum: Manage coastal water bird staff that monitor Third Cliff and Humarock area; have issues with off leash dogs. Thanked Commission for discussing protection of habitat and birds. Mr. Snow: not going to have enough time to get signs for this season, but if we want to get stricter about the Spit, we need to start now. Thinks there will be more enforcement this year than in the past. Sue McCallum: Audubon may be able to provide some help, just call; not the only town going through this.

Wetlands Hearing: Scipione, 14 Longmeadow Rd (septic repair) (cont.)
Revised plans have been submitted (2 sets). Have Board of Health approval. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Christie-Carme, 15 Town Way Ext. (clear sand, etc. from driveway) (cont.)
Lois Christie-Carme was present at the hearing. Commission asked for clarification where the driveway was in relationship to the house. Submitted photos and maps; plans were just hand drawn. Question was where ocean is in respect to driveway. (Discussion of related items: DEP has asked the Town/DPW for an after-the-fact NOI for the new roadway put in by DPW in 2009; they will not accept Abbreviated NOI; they are dealing with every coastal town and want to keep a general policy along the coast; roadway would be covered under DPW Orders. Section of roadway completely blocked for Mrs. Carme. Mr. Snow: DEP now willing to allow material to go back on beach.)
Current hearing continued. Even with the maps submitted, it still is a little confusing. Triangular piece of property to the south of the house is town-owned, and the rest of that roadway part belongs to Ms. Christie-Carme. The DPW road is on Town land and private property. According to Al Bangert – DPW filing is to clear up mess from a year ago regarding DEP’s cease and desist: now DPW will clear in the right of way (public way). TA does not want the DPW on any private way. Do their best to make public way open; that is the only road that the town intends to work on at this time. Mr. Bjorklund: I think there have to be easements, signed letters; secured legal rights of way, from paved section up to her house. Town will not build a road. If second half of road is in the original layout, DPW should clear it. ConCom allowed stones to be moved to get to the property, but Commission can’t grant property rights. Have permission to clear and Mr. Bangert is meeting her out there. No action taken on the ANOI. Motion to allow the withdrawal of the ANOI without prejudice Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: McGann Family Trust/McCarthy, 47 Town Way Ext. (clearing rocks/sand/cobble for access)
Wetlands Hearing: LaCasse, 31 Town Way Ext. (clearing rocks/sand/cobble/repair supports)
DEP would not accept the Abbreviated Notice of Intents for 15, 31 & 47 Town Way Extension. Allow applicant to shovel out gas access by hand. For all properties transfer fee over to Notice of Intent filing. Motion to allow withdrawal of 47 Town Way Extension and 31 Town Way Extension without prejudice Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.
Also allocation of fees for Carme, 15 Town Way Extension.

Paul Shea: CEI question regarding 3.5 linear miles of water line, and notification to all abutting properties. Requesting to waive the notification. As long as advertised in paper. Motion to wave the notification to abutters on the water line Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Order of Conditions: Gibbs, 34, 36, 38 Inner Harbor Road (dune management plan)
Combine #25 & 26. Partial certificate could allow dune maintenance. Combine #24, 25 & 26. #24: At least twice a year in the spring and fall and following severe storms the beach grass will be inspected by the homeowner in conjunction with the Conservation Agent and if necessary be replanted at 18” on center. Also in the spring and fall and following severe storms the dune shall be visually inspected for erosion. If substantial erosion has occurred within the sacrificial dune area the applicant may maintain the sacrificial dune and restore it to the condition shown on the plans for a period of five (5) years. The applicant may request an extension of this maintenance order for an additional five (5) year period. Motion to amend the project as just read Mr. Urbanski. Second Ms. Scott-Pipes. The order pertains to 34, 36, 38 Inner Harbor Road, that’s the problem. People to the north could come in with their own proposal. There is an approved plan: changes in the field would result in either a violation or require a new NOI. Applicant is allowed to bring in similar material. Motion passed by unanimous vote.

Order of Conditions: Town of Scituate/DPW Musquashicut Pond area (sewer line)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

CORRESPONDENCE
May 11, 2010 – May 24, 2010
1. The Beacon
2. OCC re: 222 & 224 Central Ave – preconstruction 5/10 with Mr. Bjorklund; List of pertinent contacts. (in file)
3. Letter Martha McCarthy re: Emergency Order issued to the Town to maintain Town Way Extension – did not happen (in file)
4. Revised plans (2 sets) for 68-2239 - 14 Longmeadow Rd (septic repair)
5. Recording of CofC for 68-1511 – Caliendo, 83 Kent St (in file)
6. DEP re: Inadequate Appeal re: 68-2222 - 43 Oceanside Dr – did not submit fee (in file)
7. Request for CofC for 68-2197 - 763-765 Country Way (in file)
8. DEP re: 401 Water Quality Certification for 68-2142 - Duval, 150R Front Street (dredging) (in file)
9. DEP – Dan Connick re: inspection of the closed Scituate Stockbridge Road landfill, reports in adjacent wetlands to the north, there are a number of tires, possibly 100 spread out. No current activity and no access road. Mr. Bjorklund spoke to DPW
10. 33 Tichnor/aka 114 Tilden Rd – Contacts – preconstruction by Mr. Bjorklund (in file)
11. Request for Extension – 68-2023 – Lot 2 Dreamwold Rd for Order and RDA for widening road. Have an e-mail to DEP (in file)
12. Elevation Certificate After-the-Fact Notice of Intent – 28 Dartmouth St (in file)
13. Merrill Associates Newsletter
14. Pier Elevations for 6 Oceanside Dr (in file)
15. E-mail from Brad Warren, 244-246 Central Ave. re: large Rip Rap being placed on property. My reply by e-mail: If you would like to file a Notice of Intent as the neighbors have done, you may do so. My understanding is that they are repairing their seawalls. If there is no seawall or revetment, I believe, and don't quote me, you cannot install a new structure.
16. Recording of Order of Conditions 68-2233 – Martin, 43 Rebecca Rd (in file)
17. Wetland Report re: 22 Park Ave (filed)
18. Revised Plans (4) for 206 First Parish Rd – (aka 210, 214 & 218 First Parish Road – Lots 1, 2 & 3) (in file)
19. Check for peer review 29 Surfside Rd – 68-2238
20. DEP re: Lois Carme, 15 Town Way Extension – No Wetlands File Number – need to file NOI. (in file)
21. Planning Board re: Form A Application – 253 Country Way – Hearing May 27, 2010 – COMMENTS no later than May 26.
22. Request for CofC for Lot 59 – 82 Crescent Ave (As-Built lacking) (in file)
23. DPW re: Property Owners along Town Way Extension (e-mailed to members)
24. Request for CofC for 68-1716 – 24 Lowell St (in file)
25. CLE Engineering/Carlos Peña re: Mill Wharf Restaurant – SC#10-13 EC – Work is completed.
26. Project update for 31 Candlewood Dr (e-mailed to members) (in file)
27. Abutter brought in pictures of Sara Gibbs rental property on Peggotty Beach to show why she wants to maintain dune (in file)
28. Thank you letter from Cliffside Condo Association on New Kent Street re: Bike Path. (e-mailed to members & Mark Stewart)
29. CEI requesting a waiver for individual abutter notification for various water main improvements. 3.5 linear miles of work
30. Stewart Construction re: 27 Collier Rd 68-1985 – starting work – scheduled on-site with Mr. Snow. (in file)
31. DEP: NO File number will be issued for McGann Family Trust, 47 Town Way Extension (in file)
32. DEP: NO File number will be issued for LaCasse, 31 Town Way Extension (in file)
33. Tom McCarthy re: 48 Lighthouse Rd – Unable to attend meeting, sent letter & pictures. Only added hurricane straps to existing posts.

Minutes: Motion to accept the minutes of April 26, 2010 Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Meeting adjourned 9:00 p.m.

Respectfully submitted,

Carol Logue, Secretary