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News/Events - Meeting Minutes

Town of Scituate
Conservation Commission
Town Hall Selectmen’s Hearing Room
Meeting Minutes
July 20, 2010

Meeting was called to order at 6:22 p.m.

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

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

Agenda: Motion to accept the agenda with the addition of Mr. Shellington as a walk-in at the end of the meeting Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Agents Report: Al Bangert gave paperwork to Mr. Shea regarding DPW’s clean-up of seaweed at public swimming beaches. TA has the right to authorize, and will do so only when BOH feels it should be done. Ms. Scott-Pipes will ask DPW to dump at least one load at Teak Sherman Park.
Town Way Extension new DPW roadway: southern portion gets everyone’s approval, northern portion of the road going into the footprint of the old Town Way is problematic, with some improvement sought. DEP indicated to Mr. Shea that Commission could approve use of a compatible material. Mr. Snow: Could use screened bank gravel; reminded them road could be traveled by 4-wheel drive type vehicles; not trying to restore road to a highway. Material is to be put on top, nothing dug out and leave alone. Section is all soft sand; not a permanent solution. Mr. Greenbaum: another possibility would be clamshells.

Request for Determination: Scituate Historical Society, 10 Country Way (remove silt & gravel from streambed at Gristmill)
Dave Ball was present at the hearing. Millwright is advising removal of 18” of silt, gravel and sand from the raceway behind the mill. Would like to reset stone along the bank for stabilization. Remove 10 to 15 yards of material, place, grade and grass on the pie-shaped parcel owned by the Historical Society. Most of the silt is coming from the roadway, between the pond and the mill. There has been a lot of construction between sewer project and the MBTA. Also will clean up the piles and junk. Will need a small excavator. Mr. Snow: A huge tree has fallen in the Herring Brook on the town side, which will impede the flow of the water. Could be removed if it was all right. Should mention to DPW. Motion for a negative 2 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.” Ms. Scott-Pipes. Second Mr. Urbanski. Motion passed by unanimous vote.

Request for Determination: O’Shea, 22 Oceanside Drive (deck)
Paul Mirabito, Ross Engineering, was present at the hearing. Supplied pictures in the RDA, level site, seasonal deck, to be moved to the back of house in the winter. 4 sections on 6 sonotubes. Existing grade is 14’, top of seawall 17.8’. Top of deck to seawall is approximately 8”. Always had a portable deck. Deck to be removed October and replaced in May or beginning of June. 8‘x12’ beams will stay on sonotubes. Mr. Parys: could set on blocks. Why, if removable, do you need the sonotubes? For support. Store in the garage; 4-foot sections could be stacked. Mr. Snow: make a small crib; temporary sort of stage. Rather than excavate into the ground and pour concrete. Would Commission issue a negative determination if there were no sonotubes used? If over 28” from the ground, deck requires railing. Probably have set of temporary stairs. 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).” This project is approved subject to: 1) No sonotubes shall be allowed; 2) When seasonal deck is removed it shall be stored in the garage or enclosed space; 3) Call the office for a preconstruction before work begins. Ms. Scott-Pipes. Second Mr. Urbanski. Motion passed by unanimous vote.

Request for Determination: Jacobes, 56 Indian Wind Drive (trampoline pit)
Ray Bean, contractor, was present at the hearing. Excavated hole is in the 50’ buffer zone. This is an after-the-fact filing. Involves digging a hole, and pouring concrete. Is between the pool and the road. Mr. Jones: if the hole is already dug, we should require a full NOI. Mr. Greenbaum would second that. Motion for a positive determination Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote. Positive 1: “The area described on the referenced plan(s) is an area subject of protection under the Act. Removing, filling, dredging, or altering of that area requires the filing of a Notice of Intent.” Positive 3: The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. Positive 5: The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: SCITUATE - An After-the-Fact Notice of Intent is required. Pursuant to the following municipal wetland bylaw: Town of Scituate Code of Bylaws Section 30700.
Mr. Snow: Something needs to be done. If a compelling reason for location, willing to consider. Homeowners wanted to grade the material around the yard. Recommendation: fill in and stabilize. Need plot plan and wetlands delineated. Mr. Shea: Need to file NOI, move the trampoline away from the wetlands, and restore the area.

Show Cause Hearing: O’Brien/King, 151R Glades Road (asphalt)
Mr. Shea: Some time ago section of asphalt had been added to the front of the property, clearly in Commission’s jurisdiction. Couple of neighbors came in and said if he can do it, we would like to. Definitely needs a filing. Existing small driveway that leads into the new asphalt. Area is in the 100-year flood zone; marsh in back. Some Commission members thought there was a lot of fill. Alteration going on: we need to know exactly what. Motion for an Enforcement Order Ms. Scott-Pipes. Second Mr. Jones. Mr. Greenbaum amended the motion by adding: either remove and submit a disposal permit or file a NOI within 4 weeks. Other infractions going on at property. Issue an EO and have him file an after-the-fact NOI by August 9th for all alterations that have occurred. Motion passed by unanimous vote.

Wetlands Hearing: Kamman, 31 Candlewood Drive (approval of existing agricultural use)
Attorney Adam Brodsky, Gerry Kamman, and Brad Holmes were present at the hearing. Abutters notification was submitted. 2 matters: restoration plan in response to Enforcement Order and NOI for a limited project for agricultural use. Based on a 2000 wetland line to the east subdivision, 10,000 sq. ft. converted to an orchard for Asian pears, grown commercially, sold to local farmers market. Limited project regulations handed out to members, e-mailed to members previously. Entirely allowed at the Commission’s discretion. Buried in the 1983 reg changes, speaks directly to farming. 1) No change in existing topography: soils have been moved around, focus on the fact the topo is roughly the same, regulatory requirement don’t want to starve a wetland of nutrients, the area altered is thriving, the farm activity has not adversely changed the hydrology. 2) All fertilizers and herbicides used in accordance with law: going to speak to the USDA for a farm plan; don’t know if this would quality for a farm plan, will take a matter of months to put together delineating the farm use and the herbicides used. 3) All activities caused no erosion: no evidence of erosion or siltation; problem of standing water, and detention basin not functioning properly. Submitted letter from Karen Whitfield, Hingham Farmer’s Market, stating he sells pears to her. Brad Holmes: Site plan surveyed by MR Survey. BVW cleared as part of expansion for existing orchard and filled; 6.5 acre parcel. Resource areas: BVW, Bordering Land subject to flooding, no priority habitat, Satuit Brook far western side of site. Proposing: orchard as limited agricultural use. Proposing 24,000 sq. ft of restoration. Lower area will be wetter restoration, recreate a swamp like BVW. Counted 33 cut stumps at the forest line; 16 showing stump sprouts. Mostly red maple and some green ash; proposing 105 planted in upper BVW. Ms. Scott-Pipes: 35 mature trees were destroyed; was asked to stop in 2004 and he continued; 75% of the work is in resource areas. Brad Holmes: Improvement projects allowed in wetland areas; agricultural use has allowances in the wetlands areas; not allowing a new farm in a resource area. Filing submitted solely under WPA, not under Bylaw. Mr. Snow: Strong intention to support agriculture in this town; having read everything that Mr. Brodsky submitted, don’t see anything that exempts agricultural land or exempts undisturbed wetland from the law; distinction between existing ag use and future ag use. If DEP thought that this was not permissible, they would have stated so in the comments. Read the language preface – on-going ag activities, this is a new activity. Expanded or new should be subject to review. If you couldn’t create any new ag use, wouldn’t need the regs. Mr. Brodsky will do his best in submitting further information. Mr. Shea: slightly different take; property bought in 1985; have no problem with farming, but lots of carts before the horse; just outside riverfront area; why isn’t this an after-the-fact NOI. Very simple – A-T-F should be written at the top of the form. 1985 would have been the time to go for ag exemption and DEP exemption status. ConCom issued an Enforcement Order January 4, 2000 for this project; a decade ago. We are half-way through 2010, 10 years after an EO and finally receive a NOI. Need after-the-fact status. This property has been filled, how can you go for no change in existing topo or soils, farm plan gets filed before this work takes place. A restoration project replaces removed mature trees with saplings. Brad Holmes’s soil analysis shows the natural soils 24” to 31” down. Not in compliance with DEP regs and standards weren’t met. Just contacted USDA in 2010. Work done in 2000 changed soils and topo. Enforcement Order was never issued in 2001. 2000 Enforcement Order was signed for. Applicant’s rep requested a copy. Orchard was planted after the 2004 time frame; believed he satisfied the agent’s questions. Not aware of wetlands line on subdivision plan. Didn’t look like a wetland area. Not typical wetland. Whole point is applicant created all this before any filings with Commission. Mr. Greenbaum: 2’ of soil where the trees were planted, need to comply with no change in topo--would have had to plant the trees at the soil level. The soils have been tested just in the wetland restoration area. Jim McCormack, direct abutter: seems that the farming has damaged the wetlands. Bobcats run every night until 10:00 p.m. Change of use? Would be a Zoning issue. There is exemption under Zoning for farming. If there is any zoning change required, need to at least apply for all other local permits. Motion to continue the hearing to August 2, 2010 at 6:40 p.m. Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote. Aerials submitted.

Wetlands Hearing: Digen, 104 Edward Foster Road (raze/rebuild)
Paul Mirabito, Hillary Cameron, and Mr. & Mrs. Digen were present at the hearing. Abutters notification was submitted. Proposing to raze existing house and reconstruct. 6 resource areas: 3 FEMA Flood Zones, Coastal Beach, Coastal Dune, Barrier Beach. Wetland line approved by Commission in 2008 when existing dwelling was tied into the sewer. Proposing to move house closer to the road, deck to rear, moving existing driveway, garage on poured concrete foundation, with breakout panels. Submitted structural plans, house footprint, narrative that explains performance standards, and why it meets the performance standards. House will be on piles; garage has an elevator. Deck 2’ above grade. No performance standards in land subject to coastal storm flowage. Hilary Cameron: Handed out landscape plan. Lawn area and planting bed, 2 patios, stepping stone walkway to shed area, evergreen area for privacy, existing stone wall with lattice screening, the driveway had a park out, very busy road, pervious material, cobble apron. Want to improve appearance of seawall. Proposing split-rail fence for a boundary, so people won’t walk right through the property. All plant material used will be indigenous to the area. Velocity zone is 20’, seawall 19.24’; 1st floor elevation about 2 1/2’ above seawall. Existing house is at 18’, with full foundation. Also salt marsh with BVW; missing a resource area and a couple of buffer zones. Would like complete plans. Planting plan and new driveway on property line; all plantings will be on property; entrance will not change flow to catch basin. New driveway will be made of pervious type pavers, at grade. Mr. Snow: need haybales and siltation fence. Putting a dam across the catch basin with the cobblestones. Computer error on plan that shows plantings in roadway. Paul Shea: be sure in compliance with building code for the pilings. Shed will be on sonotubes. Elevator at back of garage where ejector pump is shown. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Lewis/Moran, 46 Town Way Ext. (replenish/relocate sand from under & around cottage to cover septic)
Ann Scheele, 15 Town Way, aunt representing Lewis/Moran. Abutters notification was submitted. Relocate sand to the beach. Sand on road and behind dwelling moved to allow access and cover septic. Paul Shea: contractor should consider speaking with Board of Health. Motion to close the hearing Mr. Urbanski. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Grove Street Realty Trust/Spence, 44 Grove St (septic repair/house improvements)
Brad Holmes was present at the hearing. Abutters notification was submitted. Mr. Snow recused himself. Submitted resource area list. Project: single-family home improvement, and septic repair. BVW line, part of a more extensive wetland that runs along Grove Street. Very close to wetland, lawn hasn’t been maintained. Septic approved by Board of Health. Removed some of the bitumious driveway and patio pad removed; no replacement of asphalt. Includes deck within the 50’ buffer. Mitigation: reduction of about 100 sq. feet of impervious surface on the site. Mr. Jones: Almost cutting building in half. Mr. Urbanski: not moving existing building further into the 50’ buffer zone, cutting front part off. Good exchange of pad for the deck. Portion of the front that is being removed is in the 50’ buffer as well.. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Murphy, 78 Crescent Ave. (bank restoration & stabilization)
Stan Humphries, LEC, was present at the hearing. Abutters notification was submitted. Property on 3rd cliff, primary resource area, coastal bank. Soils tight, saturated during spring storms, collapse with vegetation is about 900 sq. ft. Filling open area with rock, filter fabric, and 6” to 8” of top soil to establish vegetation, to create better drainage for coastal bank. Revetment: proposing to string 60’ long gabion baskets behind the wall, about 3’ exposed and 1’ below. Same stone would be used. Materials stored on the property. Chain link fence would have to be removed for construction. Chute would be used to deliver material down to the area. May be a need for a walk-behind machine, but mostly done by hand. Probably 2 to 3 weeks for construction, labor intensive. Will be filling eroded area. Remove part of fence, but not posts; rosa rugosa is holding the bank. Delicate situation. There is a lot of growth on top and either side. The owner would like to plant more, maybe beach grass; cautious about planting shrubs, because of weight on top. Organics tend to build up leaves, and organic material gets waterlogged and slides down the hill. Mr. Urbanski: water caused damage, why not put a perforated pipe to relieve the pressure? Introduction of pipe would create a point source, better that it spreads over rock to allow better drainage. Want more natural drainage. Filter fabric below, then filter fabric above rocks, that allows water to go where it would have gone if the rip-rap wasn’t there. Motion to close the hearing Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Foley, 99 Glades Rd (septic)
Carmen Hudson, Cavanaro Consulting, and Julie Erickson were present at the hearing. Abutters notification was submitted. Failed septic system..9,880 sq. ft. lot entirely within the floodplain. Coastal Bank, Coastal Beach, subject to coastal storm flowage, buffer Zones to salt marsh and beach. New title V system is 39’ feet from salt marsh, leaching field outside the 50’ buffer zone. Plans have changed from original submission for distance to property line. Instead of 13’x35’ now 14’x32’. Tanks under the gravel drive would require plumbing change. Waiting for comments from Board of Health. Commission would like to see everything out of the 50’ buffer zone. Cesspool is within the 50’ buffer zone. No final plan. Motion to continue the hearing to August 2, 2010 at 6:40 p.m. Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Burke, 69 Gilson Rd (installed brick patio & stone wall)
Attorney Bill Ohrenberger, Owner Jimmy Burke, and Paul Mirabito, Ross Engineering were present at the hearing. Abutters notification was submitted. Filed this new Notice of Intent for the brick patio and stonewall previously installed without approval. Would like it approved and receive a Certificate of Compliance, because the property is being sold. Ross Engineering previously submitted updated letter of what was and wasn’t completed; six outstanding items. Cherry Tree replaced July 8, 2010. 5’ rosa rugosa planting strip along the top of the coastal bank grown in heavily. Along the side of the house substantial landscaping plantings, helps with stormwater mitigation. Ms. Scott-Pipes: one part of the patio looks like it is set on the ground and the other side cemented. Portion of main patio on stone dust base, and other stone dust base, but also mortared. Wall keeps the activity to the patio area. Resource area is a coastal bank, but land slopes away from bank, goes to the street. No adverse impact on coastal bank, because of slope, this work does not destabilize bank at all. Soil analysis was done. No DEP File number. Motion to continue the hearing to August 2, 2010 at 6:30 p.m. Second Mr. Greenbaum. Motion passed by unanimous vote.

Walk-in: Mr. Shellington stated he had a short presentation. He began reading a letter submitted to the members regarding fraudulent activities at 86 Humarock Beach Road and requested an Enforcement Order be issued. Eileen Huie-Stevenson stated she believed this was a violation of the Open Meeting Law, and should have been posted 48 hours in advance. It is about a passageway that Mr. Shellington doesn’t even abut and Mr. Parys should step down because he is a good friend of Mr. Shellington’s. Mr. Murray didn’t believe there was an Open Meeting Law violation. Mr. Shellington continued reading the letter: Contests a Certificate of Compliance issued on 6/21/10, want to convey facts that Commission needs to know, and again stated Commission should issue an Enforcement Order to deal with the wrong-doings. The letter and pictures are in the file. Mr. Shellington went on reading the letter until Mr. Snow suggested if he was just reading the letter and all the information was there, the Commission could read at a later time and discuss at a later hearing date, because there was a large agenda. Asked at the beginning of the meeting to be a walk-in and this is not a simple item. Mr. Huie lives at the house Mr. Shellington is talking about and stated: the plantings were completed per the Order of Conditions, approved, signed off and recorded at the Plymouth Registry of Deeds. Mr. Murray: Take up with TA and Town Counsel to see what is appropriate. Do not perceive this as quick. Any questions with what Mr. Snow is doing? Don’t want people walking out of the room wondering what happened. Mr. Huie: If there are discussions Mr. Parys should recuse himself; so unethical. Mr. Murray requested to discuss with Mr. Shea and Mr. Parys at the end of the meeting.

Show Cause Hearing: Mazzola, 30 Inner Harbor Rd (moving material)
Paul Shea: Mr. Mazzola could not attend the hearing. This problem goes back to the sacrificial dune that was approved for Mrs. Gibbs at 34, 36, 38 Inner Harbor Rd. Mr. Mazzola has had a section dug out for access to beach. Trying to build a sacrificial dune, the problem is everyone wants to get across this dune. May have to revisit this with Mrs. Gibbs and Stan Humphries, whole point is to have a dune to save the houses. Mr. Mazzola is trying to cut through and alter a resource area that hasn’t been vegetated yet. Going to have to walk around the dune. Stan Humphries did a report a couple of weeks ago. This problem is not going away. Mrs. Gibbs is ready to file another Notice of Intent for a boardwalk. Mr. Jones: Dune is covering rosa rugosa, and at the hearing they said they were not going to cover. Filing of Mrs. Gibbs, in reality didn’t give elevations, built the dune similarly to the way it was portrayed. Not saying the dune was built wrong, but needs some sort of surveyed plan. Mr. Greenbaum: had enough sand for 4 houses, snow fence on the outside and inside, ended at 28 on both sides. Took snow fence down and around the end of the dune moved sand away so they wouldn’t have to step over the snow fence. They believe they have a legal right for access to the beach. Send another letter that explains. Doesn’t have permission to dig sand from under house or dune. Motion to send Enforcement Order Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Order of Conditions: Mitchell, 31 Surfside Rd (reconstruct seawall)
Add: Maximum of seawall will not exceed 22.5’. Motion to accept the conditions as amended Ms. Scott-Pipes. Second Mr. Jones. Motion passed by a 4 to 1 vote.

Order of Conditions: Donovan, 33 Surfside Rd (reconstruct seawall)
Maximum of seawall will not exceed 22.5’. Motion to accept the conditions as amended Ms. Scott-Pipes. Second Mr. Jones. Motion passed by a 4 to 1 vote.
CORRESPONDENCE
July 7, 2010 – July 20, 2010
1. CRS Compact Disk – Worksheets contain date on repetitive loss properties in Scituate from 1/78 – 8/31/09. Second CD contains 5 sections: Mitigation Planning, Mitigation Measures, Repetitive Losses, Funding, National Tool which helps record and evaluate flood prone properties.
2. Picture of removal of snow fence and people shoveling at Mazzolla’s house (did not run off all the pictures)
3. MassWildlife News
4. Recording of OofC for 31 Town Way Extension – 68-2245 LaCasse
5. Recording of OofC for 47 Town Way Extension – 68-2245 – McGann (Martha McCarthy
6. Stellwagen Soundings Newsletter
7. Chapter 91 license for First Parish Road Corp., Mill Wharf Marina, 150R Front St
8. Notification of Abutters for Grove Street Realty Trust, 44 Grove St
9. LEC Report re: 34, 36 & 38 Inner Harbor Rd
10. DEP Office of Appeals & Dispute Resolution 6 items requested to bring to the attention of Presiding Officer Pamela Harvey doesn’t really say in connection with what (I can only guess it is Smith)
11. Recording of OofC for 39 Town Way Extension – 68-2245 – Reed
12. Notification to abutters re: 99 Glades Rd
13. Request for CofC for 69 Gilson Rd – 68-1578 – Itemized report
14. Coler & Colantonio newsletter - Ampersand
15. DPW re: 68-2221 – Musquashicut Pond Tide Gates – respectfully submits that a MEPA filing is not required for this project.
16. 68-615 – 20 Postscript Lane – Septic pumping verification
17. Plymouth County Mosquito Control – re: Town Way Extension. Water course deterioration breeding has increased each year. Kept as natural as possible, spoils will be used to fill depressions wherever possible.
18. No DEP File # for Scituate DPW, various Town Roadways – Completed NOI, plans, calcs & other documents to completely describe the work, resource areas & mitigating measures, USGS Quad Sheet or equivalent indicating location (in file)
19. Planning Board re: Form A Application – 246 Old Oaken Bucket Rd – 7/22/10 – COMMENTS by 7/20/10.
20. Letter re: Frank & Marion King, 151R Glades Rd asphalt around property, if allowed a dangerous precedent will be set, cut marsh grass also. (in file)
21. Galvin & Galvin re: George Smith – Motion to Dismiss by the Respondents, Peter & Ann Marie Huie (in file)
22. E-mail Frank Mazzola, 30 Inner Harbor Rd: Not able to attend Show Cause Hearing (forwarded e-mail to members & Paul Shea) (in file)
23. DEP File # 68-2251 – Kamman, 31 Candlewood Dr (in file)
24. DEP File #68-2252 – Digan, 104 Edward Foster Rd (in file)
25. DEP File #68-2253 – Grove Street Realty Trust/Spence, 44 Grove St (in file)
26. Planning Board Agenda – Thurs., July 22, 2010
27. Request for CofC 68-2166 – Griffin, 8 Driftway (in file)
28. Revised plans for 44 Grove St (in file)
29. Recording of OofC for 68-2247 – Nelson, 160 Indian Trail (in file)
30. Town Way Extension re: Martha McCarthy/Totman – crusher run hard-pack to
31. RiverWatch Newsletter
32. Baker, Braverman & Barbadoro, P.C. re: DEP Determination Superseding Determination – Petitioner’s Motion for Dismissal Without Prejudice; and Certificate of Service.
33. Mazzola – Will not be able to attend meeting. Questions: What activity are you referring to; What do you mean by avoid the issuance of an Enforcement Order?; What is it and for what? Picture was not taken in front of their house.
34. King, 151R Glades Rd – Asphalt & Handicap Ramp – 1) Due to removal of foundation & raising of the house in front, imposed a burden and safety issue; 2) His wife is disabled and is in need of emergency exit to the S.S. Hospital. 3) Provide safe passage and emergency access to neighbors and Scituate emergency personnel during times of floods & storms. All other driveways wash out and are not repaired promptly. Deputy Murphy’s position having driveway greatly aids emergency crews.
35. MassWildlife News
36. Coastal Services Magazine
37. Sanctuary – Audubon Society Magazine.
38. Westport, MA – for Highway Dept.
39. Planning Board re: Preliminary Subdivision Plan 77 Elm St (Tilden Woods) – Comments by Wednesday, August 18th.

Meeting adjourned 10:00 p.m.

Respectfully submitted,
Carol Logue, Secretary