Printer Friendly Layout

News/Events - Meeting Minutes

Meeting was called to order at 6:21 p.m.

Members Present: Mr. Snow, Chairman, Mr. Bjorklund, Mr. Jones, Mr. Parys, Ms. Scott-Pipes

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

Agenda: Motion to amend the agenda to discuss the Grist Mill and Kevin McCord//Special Needs group that cleans up the Ellis Property & Driftway Mr. Jones. Second Mr. Bjorklund. Motion passed by unanimous vote.

Mr. Snow: Grist Mill wants to dig out ditch’s silt, needs a bulldozer that can reach from parking area. File RDA.
4 youths and Supervisor to clean up Driftway, Ellis Property and a half-day at Teak Sherman Park. Motion to Fund $2,500 for the Special Needs Program out of the Driftway Fund Mr. Bjorklund. Second Mr. Jones. Motion passed by unanimous vote.

Show Cause Hearing: Rooney, 41-43 Lighthouse Rd (landscape)
John Rooney & Nancy Adams were present. Erosion problem caused damage to the property; dangerous. Were going to rake the property by hand, when Mr. McCarthy and Mr. Totman were repairing the porch, the Rooneys were cooperating with equipment and material on lot. Mr. Rooney asked Mr. Totman to grade it out; didn’t add fill, didn’t intend to violate any bylaw. Contractor should have known he is not supposed to touch anything there. Ms. Scott-Pipes: would like to know what you want to do; contractors should know responsibilities. No different than raking. Did reduce liability, and reduced erosion problem. Mr. Bjorklund: have to file; what happened next door was an emergency situation, and they immediately filed. Wave action is a problem on this lot. Need to file for what you did--get an engineer involved; Coastal Geologist will be able to advise on lot stability. Same person can do paperwork. File an after-the-fact RDA. Third incident this year for Mr. Totman.

Show Cause Hearing: Kamman, 31 Candlewood Dr (cont.)
Atty. Adam Brodsky, Brad Holmes and Mr. Kamman were present at the hearing. Handing in a NOI tonight with Ralph Cole’s survey plan and restoration plan. Mr. Holmes researched wetland line of 2002 delineated by John Richardson. Cleared a large area of BVW. Portion of existing orchard is below BVW line, substantial area altered. Mature trees approximately 4 growing seasons. Proposing restoration plan for recent work. Trying to come up with a regulatory vehicle. Limited agricultural project permit enables turning wetlands into agricultural uses. Request for a limited agricultural project to keep existing orchard. 10.53(3)(a) agricultural limited project—Requirements: 1) No change to topo; 2) pesticides used according to law; 3) prevent erosion and siltation of adjacent water bodies and wetlands. Ms. Scott-Pipes: in 2004 Mr. Kamman was told not to plant orchard; was told to stop; series of complaints over the years. Want to preserve the existing agricultural use. Mr. Jones: purpose for being here is to satisfy our requirement to have a plan. \Mr. Bjorklund: in the Scituate Regs. limited access, 50’ buffer strip applies. Buffer strip needs vegetation to function effectively. Hope the plan will put back the 50’ buffer strip, properly vegetated. Filed Limited Agricultural project with DEP. Adam Brodsky thinks Scituate bylaw does not apply. Under our regs. and based on existing wetland delineation practically can’t have an orchard there. Issued an Enforcement Order and now pear trees continuing to be planted. March 1st – granted permission to move firewood. Mr. Snow: saw some trees were being moved around, out of wetland area. Rep. of Tilden Farm Association: He is still expanding orchard in buffer zone. Mr. Kamman had bought additional trees and planted between existing trees. Paul Shea & Frank Snow or Steve Bjorklund need to review site. Mr. Kamman would like schedule of when members might be there. Mr. Bjorklund: if unapproved work is done there will be fines. Will look at catch basin also. Abutter: Ed McLaughlin is still trustee – back retention basin on own lot – common lot to 3 homeowners. Inlet pipe is higher than the outlet pipe. Runoff comes down on his property and exacerbates his water problems. Bobcat still moving trees around. But the trees are planted--can they be watered? Will review situation.

Wetlands Hearing: O’Brien, 29 Surfside Rd (repair seawall/maintenance of over wash) (cont.)
Greg Morse, Morse Engineering, and Brad Holmes were present at the hearing. Improvement to existing seawall. Raise a 29’ portion 2’. 3 outstanding items: 1. revised plan dated June 2, with 50’ buffer zone; 2. Project peer review—Letter of June 3 supports project. 3. Structural engineer’s plan for seawall cap--Anderson Construction Engineering not been able to provide a final detail with spacing of rebar, exterior dimensions to tie into the existing wall. With submission of this information, like to close the hearing – need to provide final structural detail prior to construction. Mr. Bjorklund: add flood zones, note #3 VE elevation 21’ and AO zone, depth of 2’ and AE11 zone. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote. Add an order for a stamped structural plan.

Wetlands Hearing: McCarthy, 48 Lighthouse Rd (rebuild covered porch)
Tom McCarthy was present at the hearing. Abutters notification was submitted. Job completed. Thanked the Commission for the Emergency Certificate. Mr. Bjorklund: not much info, has pictures and what went in for the piles. 12” sonotubes and footings. Any revegetation? Had grass before. 12 piles put in. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote. Do the Commission a favor next time you see Russ Totman – tell him not to do anything down that way without talking to the Commission. Mr. McCarthy said he spoke his piece, after it was half done. No material brought in. Totman moved stuff around, but no material brought in.

Wetlands Hearing: Robinson, 60 Bailey’s Causeway (cont.)
Board of Health hearing 7/6/10. Motion to continue to July 6, 2010 at 6:40 p.m. Mr. Bjorklund. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Town of Scituate/DPW, Stockbridge Road/Tilden/First Parish/Country Way (water line)
Michael Ohl, CEI, was present at the hearing. 3 water main projects for DPW: First Parish Road from 3A intersection to Grove Street, passes a stream and BVW areas. Country Way from Captain Peirce to First Parish: cleaning line project, access openings every 500 feet. Stockbridge Road to MBTA station/Tilden from Egypt Beach Road to Turner Road: 10,000 feet of pipe between the 2 streets, passes BVW. 5,000 feet of cleaning, passes by a stream near Whittier Drive. BVW areas for each projects is highlighted on the plans. All the work will be in the paved road area. Wherever close to buffer zones will use erosion control barrier between work zone and buffer. Mr. Snow: biggest thing no sign. Mr. Bjorklund: Plan W2 First Parish Road – actually top left hand corner hydric soils to be removed. Sidewalk area, stonewall into the wetland, split rail fence. Mr. Ohl: not in the wetlands, have to replace the hydrant. All work in roadway layout. Enlarged hydrant symbol to call to contractor’s attention. 2 hydrants within 100’ of each other. If they get the money want to be able to do the work. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Wetlands Hearing: Nelson, 160 Indian Trail (septic repair)
Greg Morse, Morse Engineering, and Mrs. Nelson were present at the hearing. Abutters notification was submitted. Existing 5-bedroom dwelling. Residential developed area all around. FEMA flood boundary in back of property is beyond wetland line at elevation 11’. Wetland line at elevation 19’. No vernal pools or estimated habitat. Geoflow drip leaching system. BOH has approved. Soils had groundwater at 19”, ledge. Grinder pump at back corner of house, if plumbing cannot be revised. Minimum 55’ from wetland line to work. The work will be mitigated with silt fence along tree line. Grassed now and will be regrassed. Trees are in tough shape. Technically close the hearing: can’t issue an Order of Conditions until DEP file number is received. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Walk-in: Bloomstein, 242 Central Ave. Missed on-site meeting with DEP. Met the following day. Suggestion from DEP was to resolve differences with the board, which was leaning toward stone repair. Attended tonight to get direction. Mr. Parys: We need a plan from a coastal engineer. Mr. Bjorklund: Asked him to file again and we would waive the fees. Will hold the Enforcement Order, providing filing is done. Get engineers in tune again. Mr. Bloomstein didn’t withdraw the appeal. DEP kicked project back to ConCom. Problem is people are doing what they want in Humarock. Blatant violation when concrete was poured: the footing was put in ready for concrete truck to show up. At the DEP on-site, discussed stone revetment as best solution. Paul Shea and Steve Bjorklund were both at the on-site. DEP didn’t conclude what they would say about taking footing out. Situation: EO is on hold waiting for him to file, waive fees, Commission will have to vote if footing comes out and stone revetment goes in--need filing. Mr. Bloomstein: did concrete repair work to protect property, with cesspool just behind wall. Want to work with the town. Where do you draw the line on what is a repair? At this point just want to move forward. Ms. Scott-Pipes: Fixing your problem, could impact abutters; has to stop--if you have had an emergency, could have given an emergency order; have to get approvals, work has to be done the correct way. Mr. Bloomstein: Repair is to an integral part of the wall, could be catastrophic to remove, could damage existing footing and wall; maybe some middle ground, get some out and leave some. Mr. Shea: Commission is looking for a uniform policy. One issue Greg DeCesare forgot: technically the footing doesn’t meet the performance standards of a barrier beach--if you file to keep the footing will have to do a MEPA filing. Position the board is in: technically work done doesn’t meet the performance standards. 31 & 33 Surfside proposing what Greg DeCesare suggests: boulders that will meet the performance standards. Avoid the MEPA issue. If they approve your proposal it would open a Pandora’s box. The state is stepping in to give the Commission guidance. Use rocks instead of sheathing. Need to file.

Wetlands Hearing: LaCasse, 31 Town Way Ext (clear rocks/sand/cobble from under house/possible support repair)
Janet LaCasse was present at the hearing. Abutters notification was submitted. Request to remove material from under house to lower 2 sets of stairs and put material on the beach side. Dig underneath house to access water line. Supports may need work. House was 16’ in the air. Will use a small bobcat. Any chance for an emergency order? Need to put stairs down. Told all neighbors they have to file. Technically they need the Order of Conditions, could issue an approval to start the work, appeal from neighbors is doubtful. Applicants are running the risk, not the Commission. No orders tonight. Meeting again in 2 weeks, then a 10-day appeal period. Mr. Snow: I think orders should be set at the next meeting; OK to put the stairs down, but beyond that Orders are needed. DEP’s outlook on Emergencies: if stones came in 3 months ago, and people suddenly want to use the house, it is not an emergency. Emergency certificate is not for access to dwelling – DEP/Paul Shea: usually no emergency certificates are issued except to towns, fire dept., or police. Amount of digging necessary for access is uncertain. Need only a few feet of clearance. Motion to close the hearing Mr. Bjorklund. Second Mr. Parys. Motion passed by unanimous vote.

Wetlands Hearing: McGann Family Trust/McCarthy, 47 Town Way Ext (clear rocks/sand/cobble under deck & immediate area)
Martha McCarthy was present at the hearing. Abutters notification was submitted. Need to clear under deck for set of stairs at front and back, clearing approximately 3’ under the deck, bringing to level of existing concrete driveway. A lot of digging under the deck will be done by hand. Clear to right with bobcat to get access. About 3’ on either side. South side septic, where the crawl space is for gas and water pipes, 4 cinder blocks = 32” high. Need to allow water to go around and under the deck. Finish clearing driveway. Material going to beach front at the berm, to the right of the 2 houses. Mr. Bjorklund: Mr. Mazzola went in 2 months ago and stole sand from in front of her house. Sand taken from existing driveway. From north to south there is a paved driveway. Went and poured sand under his house. How will slope impact neighbor to south? Trying to keep everyone at the same level. Knows how steep it is out there in the front of her property. Remove 32” around the house and about 10’ wide. Order should say clear on her own property. Will call contact at Vine Associates and talk to Al Bangert. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Clear back road – Emergency Certification – thank you. Work done on Saturday, lightly skimmed, last quarter, emergency vehicles can’t get down. If we need hard-packed material what can be brought in? Mr. Bjorklund: Technically you can’t. DEP would probably not approve hard-pack material on roadway. If someone files with the Commission, DEP claims they would not intervene. Any type of compatible material should be used. What if we have to do front road? Road to the east of telephone poles no longer exists. DEP knows the east road can’t be used. Long term solution is building up a berm, and beach nourishment. Retain an engineer, come up with a plan, different from an access plan. It will either be approved or denied. Adding gravel is different from what was approved.

Motion to issue an Enforcement Order for 151R Glades Road for adding asphalt. Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.

Reorganization:
Motion to re-elect Mr. Snow for Chairman Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.
Motion to re-elect Mr. Greenbaum as Vice Chair Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.
Motion to re-elect Ms. Scott-Pipes as Secretary Mr. Bjorklund. Second Mr. Parys. Motion passed by unanimous vote.

Letter for a Show Cause hearing – July 20 – re: 140 River Street.

Mazzola, 30 Inner Harbor Road - Concrete slab removed? Someone came to the office and said it was removed.

Order of Conditions: Town of Scituate/DPW, Town Way Extension (construct public access roadway)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.

Order of Conditions: Carme, 15 Town Way Extension (maintain roadway)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Parys. Motion passed by unanimous vote.

Order of Conditions: Town Way Extension/Residents/Homeowners/LaCasse,
Motion to condition the project Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Order of Conditions: Carey, 138 Edward Foster Road (grant to elevate & remodel)
Discussed concrete slab below the stairs. Motion to condition the project Ms. Scott-Pipes. Second Mr. Parys. Motion passed by a 4 to 1 vote.
CORRESPONDENCE
June 8, 2010 – June 21, 2010
1. Pictures & questions re: 6 Atlantic Dr – fence
2. Mass Congress of Lake & Pond Associations, Inc. Newsletter, Summer 2010
3. DEP Extension Permit re: Stewart, 27 Collier Rd until 10/2/13 (in file)
4. Issued CofC re: Greene, 54 Central Ave. letter to be included for the file.
5. DEP Superseding Determination re: 25 Hawthorne St., 86 & 87 Humarock Beach Road Applicant’s RDA and supplemental info are inconclusive in documenting the removing, filling or altering the area that would warrant enforcement action (in file).
6. Building permits for May
7. The Beacon
8. DEP re: Ken Duvall, 150R Front St – Extended 401 Water Quality Certification to May 10, 2012 (in file)
9. Revised NOI pages for 31 Surfside Rd – 68-2235 (in file)
10. Revised NOI pages for 33 Surfside Rd – 68-2236 (in file)
11. As-built re: 8 Dartmouth St – Sheet 1 of 1 – Dated 6/2/10 (in file)
12. DPW re: Hatherly Road Tide Gate Removal & Musquashicut Pond Restoration – 68-2221 – to DEP – rebuttle of Appeal
13. Plan for 242 Central Ave. Retaining Wall (in file)
14. MassWildlife News
15. DPW letter re: 124 Oceanside Dr. Cannot clear stones on the beach in front of seawall in the 1st to 5th Street neighborhood: cost and WPA.
16. Mass Wildlife Magazine
17. Sullivan & Sullivan re: 60 Bailey’s Causeway – Septic system upgrade.
18. Ocean & Coastal Consultants Newsletter
19. DEP File #68-2241 – Town Way Ext – DPW
20. DEP File #68-2242 – Carme, 15 Town Way Ext
21. DEP File #68-2245 – Homeowners Town Way Ext
22. DEP File #68-2246 – McCarthy, 48 Lighthouse Rd
23. DEP re: Musquashicut Pond Tide Gate – Compliance with MEPA
24. Kevin McCord re: Summer Work Program – Driftway & Ellis Property
25. DEP Superseding Determination of Applicability – 25 Hawthorne, 86 & 87 Humarock Beach Rd – Referenced plan and accompanying photos are inconclusive in documenting the removing, filling or altering of the area.
26. Recording for Stone, 28 Dartmouth St – 68-2232
27. Planning Board Agenda for June 24, 2010
28. Police report re: Mazzola & Wildes, Inner Harbor Rd – fence at Gibbs property
29. Request for Full CofC for 86 Humarock Beach Rd – 68-1434
30. MACC dues renewal.

Meeting adjourned 9:15 p.m.
Respectfully submitted,

Carol Logue, Secretary