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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, Mr. Parys, Ms. Scott-Pipes

Also Present: Paul Shea, Interim Agent, Carol Logue, Secretary

Agenda: Motion to amend the agenda to discuss ball field and abutter notification; 151R Glades Rd (asphalt), and asphalt under 8 Oceanside Dr for parking Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Agent’s Report: Regarding 70-acre high school parcel and notification to abutters regarding a field. Motion to notify all abutters Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.
151R Glades Rd – new asphalt – send an Enforcement Order for a show cause hearing.
8 Oceanside Dr has an Order of Conditions, but now would like to asphalt under the house for parking. Motion to file a Notice of Intent Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Town of Scituate/DPW, Town Way Ext. (construct public access roadway)
Al Bangert was present at the hearing. Abutters notification was submitted. Project done last year, around July 1 or 2, in order to provide access to residents, solicited permission to go behind 5 properties to put in appropriate material to build a hard-packed surface and then back to the original road. Received emergency order, materials approved by ConCom. Work done under supervision of ConCom Agent and DPW. In November received a cease and desist order from DEP. Filed this after-the-fact Notice of Intent. Notified the 11 property owners along the way; the town is also a property owner. If Town Way Ext. is made a private way, owners can control the access, if public then public would have the right to use the access road. Residents are now looking at alternatives for maintaining right of way between telephone pole and the 5 properties. Ms. Linda Slocum: 10 owners of properties, 9 consented–Mr. Slocum actually was not affected in any way and did not consent. All clearing was done on public way. Mr. Shea: This filing is just for the footprint for the roadway. This is an after-the-fact filing for the road put in in 2009. Simply legalizing the work that has been done–not giving permission to do anything further. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Carme, 15 Town Way Ext. (clear sand, etc. from driveway) (cont.)
Lois Christie-Carme was present at the hearing. Abutters notification was submitted. Requesting to clear and maintain section of this roadway and driveway for 5 years, and extend for another 5 years. Offering to maintain just to 15 Town Way. Mr. Bjorklund: no problem, except in no way is the ConCom giving property rights to construct this roadway, if the road crosses private property. Both town-owned and a piece, owner unknown. Commission is not granting you to do work on someone else’s property. Mr. Shea: Maintenance of this road is where it shows on the photo; order will refer to the aerial photo – after the first 5 residents it swings back to the original road. Mr. Bjorklund: Ultimately will have to create an easement where it isn’t in the public layout. This is a temporary measure to clear the roadway that is drawn on the aerial photo. Mrs. Carme’s work is actually what was taken care of with the Emergency Certificate. Mr. Bangert: followed path of roadway that was destroyed; she used that pathway to get to her property – not rebuilding road, just using pathway used last year. Mr. Bjorklund: in the general project description only includes the roadway – the emergency certificate should also include clearing driveway. Mr. Shea: Significant change would force a new NOI. Mr. Bjorklund: if that portion goes below tide line, it would be a whole different series of permits; if grading is needed above tide line, it would require compatible material. Motion to close the hearing Ms. Scott Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Town Way Ext./Residents/Homeowners/LaCasse, Town Way Ext. (clearing driveways for access)
Janet LaCasse, 31, and Martha McCarthy, 47 Town Way Extension were present at the hearing. Abutters notification was submitted. Asking for permission to clear driveways of 9 property owners to access homes from the road, to clear access from where Lois Carme leaves off. Ms. Scott-Pipes: all material will be left on site. Amending to have the ability to clear the roadway and each individual driveway. Applicants were told material should go on the berm of the beach. Asking to do work on Town property, make sure we have all the specific lots and owners specified in the orders. Mr. Shea: Amend NOI to include partial ownership of the town. Mr. Bjorklund: need to gain easements to cross these properties – probably will require Board of Selectmen action. Also need to find unknown owner. Linda Slocum: question appropriateness of changing language of the NOI without all the members here to speak to the change. Mr. Bjorklund: the only significant change involves clearing roadway that goes behind their house. Mr. Parys: close this hearing and then you can file separately. Al Bangert cleared the old roadway today. Applicants will start working on an official Homeowners’s Association. They are requesting to clear driveways; thought the town was going to clear the road. Town should be included in this filing. Layout a private roadway; work with Planning Board. Linda Slocum: if you’re amending the NOI and allowing them to clear the roadway behind to be able to clear their driveways, raise concerns why that permission cannot be granted for either roadway. Construction of the roadway to the rear was illegal because DPW did not file. Constructed outside the parameters of the law, without a proper Order of Conditions. If the town had reconstructed the existing roadway, no permitting would have been necessary. Mr. Snow: Original Town Way Extension washed away. Mr. Greenbaum: Order of Conditions can be appealed to DEP within 10 business days. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Mitchell, 31 Surfside Rd (reconstruct seawall) (cont.)
Wetlands Hearing: Donovan, 33 Surfside Rd (reconstruct seawall) (cont.)
Carlos Pena from CLE was present at the hearing. Revised plans were submitted. Both clients agreed on a revetment, sent a copy to Greg Morse for 29 Surfside. Submitting revised NOI Thursday a.m. Motion to continue Mitchell & Donovan to June 28, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote. No meeting on June 28.
Motion to reschedule 31 & 33 Surfside Road hearing to July 6, 2010 at 6:30 Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: O’Brien, 29 Surfside Rd (repair seawall/maintenance of over wash) (cont.)
Requested a continuance to next meeting. Resource areas are on plan; no flood zones on plan. Motion to continue the hearing to June 21, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Carey, 138 Edward Foster Rd (grant to elevate plus remodel)
Joe Joyce was present at the hearing. Abutters notification was submitted. Mr. Bjorklund stated he has sold property and worked with Fran and Joe Joyce, but there is no financial gain with this property, but is willing to step down if anyone would like. Carey’s have a grant to elevate. Noted in NOI doing project in 2 parts, drive pilings and reconnect for the grant. After that will remodel. Grant expires in September. Move it, reconnect, get FEMA approval and then renovate the house. No change in foundation after that. House will be on 21 driven pilings; large deck on sonotubes. Couldn’t get a conclusion if grant would be approved if house was demolished. Not going to connect all the utilities. Adding to right side on pilings, but separate from the grant. Lift the house, take out foundation, dispose of it, drive pilings, attach house, Neil Duggan & FEMA will come out and approve. Won’t put decking on until renovating. Flood zone VE 20’, lowest point of lateral cross beam first floor at elevation 23’. Mr. Jones: current basement elevation 10.2’. Proposed cantilevered addition on south, nothing touching ground, with 3 pilings, also elevation 23’. Stairs will go to the grade; average grade of 14’. Cement base to the stairs. Rosemary Dobie: the whole philosophy of the grant program is to raise an existing house. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.

Wetlands Hearing: Robinson, 60 Bailey’s Causeway (repair septic/remove bldg./relocate drive)
Barbara Thissell was present at the hearing. Abutters notification was submitted. BOH hearing June 21. 4,000 sq. ft. lot that salt marsh infringes, BVW, and flood zone at the 11’ contour. No work in the flood zone. The site is not identified as a barrier beach. Proposing to replace septic system on a small lot, installing under existing shell driveway. Submitted to BOH, geo flow system, with cleansing unit. 2’ off the house and roadway; Microfast system: 3’ to groundwater; meets regs of BOH; whole project is within the 50’ buffer zone. During construction staked haybales, no stockpiling on site. Dewatering will probably be needed, pit will be put in. No exterior changes proposed. Leaching area not built to withstand vehicles: putting in a new 9’ wide parking area. Microfast much cleaner than what is there now. Will do some planting. This system has failed because it is in groundwater. SB: Did you talk to Mr. Bossy, to run haybales on his property? Did not. PS: current system has two properties that utilize system; no records at BOH. This system has failed. Affluent coming out? No. Failed because in groundwater. Should be resolved before pipe is cut off, because it could effect the wetland, may want to put a condition that no work can be done until resolved. Has a buyer, been on market since 2006. Neighbor may have the right to have the pipe in there. Not relevant to us. Ellen & Kerry McWade & Carol McClintock bought property – have easement for the shared driveway, second tank on their property as an overflow tank. Continue hearing after BOH hearing. Christopher Carroll, 63 Glades, knows clearly someone had an issue with notice; applicant has a habit of doing things wrong. 7 variance points. Significant impact on the neighboring septic system; calcs needed to prove 0 impacts to abutters. System has failed; far from a multi-unit with lots of impact on the marsh. Parking goes up against the marsh. Action on this system may lead abutter’s system to fail. History of noncompliance by the applicant. Looked for records at town hall; no record of any septic within 20’. Motion to continue hearing to July 6, 2010 at 6:40 p.m. (Barbara Thissell has a conflict, but Mr. Robinson can attend) Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.
Abutters submitted information at hearing: Letter: List of objections; property history; concerns. Exhibit A – deed; Deed from Mullins to Robinson; Amendment portion of deed from Heinz, Stelzer & Elsa Langer, to Arthur McClintock, etc.; Assessors sheet; picture of house; Building Location Plan of Land at No. 60 Bailey’s Causeway; Coldwell Banker real estate pages; Quitclaim Deed 2002 Transfer; Certified mail copy and 6 pictures.

Order of Conditions: Tinory, 206 First Parish Rd (wetland delineation)
Motion to accept only the BVW wetland delineation Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Order of Conditions: Scipione, 14 Longmeadow Rd (septic repair)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.

Order of Conditions: Stone, 28 Dartmouth St (response to Enforcement Order/deck plus)
Mr. Bjorklund: Need #2, #8, #9, #10, 11, 12, 13, 14, 16, 17, 18, 19, 22, 23, 24, 25, 26 – Deck will be removed by November 1 and installed April 30th. Continuing condition #16 for deck. Motion to condition the project as amended Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Joe Urbanski: sent concerns in an e-mail re: 2 Atlantic. In Humarock many people move material without permission. How are we going to enforce? Rosemary Dobie: 2 neighbors, one has owned property 60 some odd years, the other one is new; would be better if you don’t ask a Commission member to police their own area; not a good situation. Ms. Scott-Pipes: People have to somehow learn what they can and cannot do; put information in the water bills; need ongoing educational material. Mr. Parys personally knows people who get bobcat in on Sunday nights. Almost need a policy in places where there are access issues. Conservation is not your friend. Watch every single time when DPW deposits materials into someone’s driveway/private property. Now it is happening at Town Way Extension. Motion for a show cause hearing for 2 Atlantic Drive, 12 Atlantic Ave. Send people a letter they have to inform the Commission of any work on the property. Mr. Bjorklund: received a call from office, machine already gone. Typical job where after a storm they pushed material; cleared before. When at Bloomstein’s on-site with DEP, talked about all the beach issues. DEP says people have to file. Same thing with Al Bangert’s road work. Issue is bigger than that. Send letters and tell them to call the office/agent. If they don’t speak to the agent they will be asked to come in for a show cause hearing. Mr. Shea: homeowner hires a contractor and if the homeowner doesn’t know, technically the contractor should; if an Order of Conditions is issued and the contractor blows the job, bring the contractor in and fine him $10,000. Can fine under the state regs. Hingham ConCom had Paul come in when overrun with violations. You fine once the message gets out. Already built into the state act. Fine $300 for every order they are not in compliance with. Finally 28 Dartmouth filed, took in front of the Clerk Magistrate. Partly is a matter of time. Somebody has to be there to go to court. Easy to say we will do it. Filed to bring in Slocum, 48 Town Way Ext.

Ms. Scott-Pipes suggests starting certification of the Vernal Pool before a filing is submitted. Would like a vote to start certification of the Vernal Pool on town-owned land. Under our regs, it doesn’t matter if it is certified or not.
Elinor Foley: Limited access project still had to do the replication.

Rosemary Dobie: Have to get control over Humarock. Before punishing people you need to educate. Paul Shea: Cohasset Conservation has the backing of the Selectmen.

CORRESPONDENCE
May 25, 2010 – June 7, 2010
1. Notice from 34, 36, 38 Inner Harbor Rd – Contractor: J. Cook & Sons, Weymouth 1-781-603-5069 – Start work on 5/25/10 or 5/26/10 to be completed 5/27/10 at their own risk. (in file)
2. Recording of OofC for 34, 36, 38 Inner Harbor Rd 68-2237 (in file)
3. Note from Steve Ivas re: 206 First Parish Rd - Isolated Vegetated Wetlands still need to be verified in the field. (in file)
4. MassWildlife News
5. Mitigation Planning Workshop for Local Governments July 15-July 16 – Marlborough, MA. Contact MEMA staff
6. FEMA re: info for Potential Hazard Mitigation Grant Applicants
7. Request for CofC 68-2192 – Greene, 54 Central Ave. (in file)
8. Brodsky re: After-the-Fact NOI 28 Dartmouth St. – photographs (in file)
9. Brodsky re: 68-2221 – to DEP cc: Mr. Kalishes/Al Bangert/Jason Burtner/Craig Fritz – Information from clients proposing an alternative to removal of gates at Musquashicut Pond
10. Planning Board re: Accessory Dwelling 146-164 Front St. (15 Mill Wharf Plaza)
11. Recording of CofC for 68-790 – 81 Oceanside Dr (aka 8 Eighth Ave.) (in file)
12. Information re: 36 Brunswick & 29 Hawthorne – No restoration, driving on passageway at rear of properties, would like rules and regs to be upheld equally.
13. DEP re: Town Way Extension/Technical Assistance. Recommendation that Peggotty Beach homeowners served by Town Way Ext. join together and file NOI with engineered plans describing a project to construct a pervious road, at grade, to access properties. Glad to work cooperatively with residents and Town to achieve this goal.
14. Ivas Environmental Report re: The Glen, 89 Summer St – Comments on Narrative of the Westland Restoration and an OK to begin restoration activities. (in file)
15. Planning Board Liaison list: ConCom – Bill Limbacher & Nico Afanasenko
16. Crary re: 8 Oceanside Drive 68-2214 – Piles in, other issues emerged: request for parking area under house – pave with blacktop like or use a cement pad.
17. Memo re: Open Meeting Law changes (e-mailed to members)
18. Doreene Close did not pick up her original determination. (in file)
19. E-mail to Al Bangert, etc. re: Town Way Ext. - Martha McCarthy, re: taxpaying homeowners access to their property, via road behind homes (in Homeowners’s joint file)
20. Harbormaster re: Mad Fish – less than favorable comments concerned with location of floats.
21. Report re: 68-2211 - 66 Chief Justice Cushing Hwy. Completed initial phase of required mitigation (photos included)
22. Report from Mr. Urbanski re: Atlantic Drive – flattening a dune & also at 12 Atlantic Dr last Friday, May 30. Need to fine (Mr. Urbanski e-mailed to the members & Ms. Logue)
23. CLE e-mailed plan for 31 & 33 Surfside Rd (in files) (bringing over revised plans)
24. Vine Associates re: NOI Review of 29 Surfside Rd seawall (e-mailed to members/in file)
25. Recording of Extension 68-2023 – Lot 2 Dreamwold Estate – Bk 38588, page 119 (in file)
26. Recording of Extension 68-1939 – 3 Palfrey St – Cert. 104770 Bk 00523 Pg 170
27. Request for continuance for 29 Surfside Rd to next meeting (in file)

Meeting adjourned 9:15 p.m.

Respectfully submitted,

Carol Logue, Secretary