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News/Events - Meeting Minutes

Town of Scituate
Conservation Commission
Town Hall Selectmen’s Hearing Room
Meeting Minutes
August 2, 2010

Meeting was called to order 6:25 at p.m.

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

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

Agenda: Motion to accept the agenda with the addition of Mr. Greenberg as a walk-in re: Livingstone property; addition of Orders for Town of Scituate, clear various roadways and possibly Burke, 69 Gilson Rd Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Request for Determination: Lieberman, 30 Postscript Lane (13’x20’ deck)
No one was present. Motion to hold until later in the evening Mr. Bjorklund. Second Mr. Jones. Motion passed by unanimous vote.

Allan Greenberg: Submitted a plan to the Commission of a CPC proposal regarding Jack Livingstone’s land off Booth Hill & Clapp Roads. 42.96 acres. Acreage is behind Whitcomb Pines, with entrance from Clapp Road, and access from Booth Hill Road. 4 lots involved; abuts the Town Forest and another piece of Conservation property. Just asking the Commission what their view would be and whether they would support the acquisition. According to the last survey, more than 5 years old, about 30 acres is upland and about 10 acres is wetlands, with a stream running through it. Part of the West End green belt. In the proposal mentioned potential well fields, don’t know how realistic. Mainly talking wildlife habitat, protection of more open space and possibility of passive recreation. The asking price is between him and CPC. Don’t know about 40B regulations. If CPC proceeds, they will have it surveyed. Need to consider what other parcels may become available. Mr. Snow: beautiful piece of property, action ultimately dependent upon priorities.

Request for Determination: McCarthy, 47 Front St (remove granite blocks/3’ walkway/4 car stops)
Tom McCarthy was present at the hearing. Hired by Jimmy Powers. While siding the building, unknowingly had 2 large granite blocks removed and relocated, some across the way for a place for people to sit. If not approved, will have them removed; they do not interfere with the driveway. Removed the stones that protruded 4” or 5”, and added crushed stone for a walkway. Want the public to walk in front of rather than behind cars. Need a little concrete by the front corner of the building. Maintain the crushed stone so nothing sticks up. As long as there is no digging can set granite blocks. 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. Jones. Motion passed by unanimous vote.

Request for Determination: Lieberman, 30 Postscript Lane (13’x20’ deck)
Jarod Lieberman, JRL Construction, was present at the hearing. Proposing a free-standing deck on 4” patio blocks that rests over septic tank. No tie downs. Planning on lifting up in the winter. Commission doesn’t see that happening, except by machine. Relying on gravity, free standing shed directly behind it. Only reason to remove the deck is if the septic tank needed repair. Probably if in smaller pieces it could be removed and stored in the winter. Mr. Urbanski: doesn’t appear to be a Velocity zone; probably AO flood zone. Would rather not build in two pieces. It is a 100 yards from the water. No issues with Board of Health. Rosemary Dobie: seawall runs along Postscript, and it is out of the 30’ splash zone; quite far back. East of the house, there is another house toward the ocean. Motion for 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).” The deck shall be on concrete blocks with 1' of clearance. The deck shall not be tied down Mr. Urbanski. Second Mr. Jones. Motion passed by unanimous vote.

Request for Determination: McDonald, 17 Lotus Ave. (porch/deck/hot tub)
Steve McDonald and Mark Handrahan were present at the hearing. Proposing to build a screened-in porch and deck on back of house. Install sonotubes; edge of wetlands is 65’ away. Mr. Jones: hot tub placed at the end. Previously altered area. Obviously hasn’t been flagged. Be nice to have a wetland line. Bought the house in 1992, passed title V. Put in a septic in 1994. Mr. Bjorklund: Plans state concrete slab for hot tub designed by others; being asked to approve a slab with no plan. 6” slab. Everything is done by hand. Motion for a negative 3 determination subject to verification that hot tub is outside the 50’ buffer – “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. Verify that all work is outside the 50' buffer zone; 2. All work will be done by hand, no machinery will be allowed; 3. The hot tub will be placed on a 6" concrete slab; 4. Schedule a preconstruction with the Conservation Agent before work begins Mr. Bjorklund. Second Mr. Jones. Motion passed by unanimous vote. Show wetland line on the plan or have Paul Shea go out for a preconstruction and verify line. Don’t want to set a precedent, for Mr. Shea determining wetland lines.

Show Cause Hearing: Triglia, 140 River St (seawall, Chapter 91 license)
Anita Triglia, daughter of property owner, was present at the hearing. Fallen by the wayside, due to her mother’s health issues. It is the intention to have the last 2 I-beams removed. NOI filed last June. Mr. Urbanski: issue whether it is just the last two; wasn’t even high tide and water was up to the wall, according to Mr. Parys. Mr. Bjorklund: based on the original plan, indicated that part of the wall as it headed toward the south appeared to be below high tide line, unless plan was not correct; at the time we looked at it, it appeared that just the 2 piles had to be removed; have an engineer evaluate and put his stamp on a plan that shows it is not within the high tide mark, and remove the last 2 piles. Mr. Shea read Orders: #41. The Commission feels that the retaining wall does not meet the performance standards of the Wetlands Protection Act and the Town of Scituate Code of Bylaws, but more harm may be caused by removing it, however, if it fails, it cannot be replaced. #42. This Order of Conditions is subject to the filing for and receiving of a Chapter 91 license. This condition shall survive the Order and be so stated on the Certificate of Compliance. Need to prove they don’t need a Chapter 91 license. Nothing has been done. Have another hearing in 2 weeks.

Wetlands Hearing: Burke, 69 Gilson Rd (installed brick patio & stone wall) (cont.)
Atty. Ohrenberger and Paul Mirabito, Ross Engineering, were present at the hearing. Received DEP File #68-2258. Mr. Bjorklund recused himself. Possibly vote to close and sign orders tonight? Work is already done. Literally could request a Certificate of Compliance tomorrow. Lack of Order of Conditions will hold up the closing. Not conditioning construction work. Orders have not been set. Mr. Urbanski: even though it has been built, technically we could have him rip it out. Mr. Greenbaum: removing would more likely damage the bank. Mr. Snow: If simple orders we should try to have ready, so clients don’t waste money having attorneys return. Mr. Greenberg: understands situation, but thinks it’s inappropriate to be rushed. Ms. Scott-Pipes: the patio is no problem, but I question the cement between the bricks; flow of water toward the cliff; don’t like being pressured, the client has had 5 years to straighten out his issues. Mr. Shea: the amount of square footage is insignificant, no impact to the resource areas; if you don’t issue the Order of Conditions, penalize the new owner; if upset about what happened, could issue a fine in the order. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote. Motion to issue standard Order of Conditions Mr. Urbanski. Second Mr. Snow. Motion passed by a 3 to 2 vote.

Wetlands Hearing: Foley, 99 Glades Rd (septic) (cont.)
Applicant’s representative requested a continuance. Motion to continue the hearing to August 16, 2010 at 6:30 p.m. Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Kamman, 31 Candlewood Drive (re: approval of existing agricultural use) (cont.)
Applicant requested a continuance to September. Motion to continue the hearing to September 14, 2010 at 6:30 Ms. Scott-Pipes. Second Mr. Bjorklund. Motion passed by unanimous vote.

Wetlands Hearing: DiBenedetto, 19 River St (septic/possible water service/driveway)
Bob Crawford, E.E.T., Inc., was present at the hearing. Abutters notification was submitted. Project is replacing failed cesspool, 400 sq. ft. of leaching field, 1500 gallon tank. 3 variances requested: setbacks, property lines and amount of cover over the leaching facility. Approved at Board of Health last Monday. The water service may have to be relocated. Gravel driveway is currently on side of house where leaching area is, will have to be reconstructed of gravel. Considered an overwash zone, depth of flowing water would be 2’. Basically one cedar tree will be removed; others are being avoided. No grade changes. There will be a concrete marker. Motion to close the hearing Mr. Urbanski. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Noble, 24 Riverview Place (septic & addition)
Phil Spath, Spath Engineering, and David Noble were present at the hearing. Abutters notification was submitted. Repair of failed septic system. Glacial till material. Proposing a 4-bedroom treatment system between the 50’ and 100’ buffer and addition is 87’ away from wetlands with a grade wall around; will place silt fence around the system. All lawn. Mr. Jones: Last picture submitted shows mowing right down toward the wetland. Mr. Bjorklund: silt fence should hook both sides of system. Hoping orders can be issued tonight. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Wetlands Hearing: Reed, 39 Town Way Ext. (clear sand/rock/cobble from under house & deck)
Nancy Gentile was present at the hearing. Abutters notification was submitted. Clear sand/rock/cobble from under house and deck. Sand will be placed on the berm of the beach. Included as part of the group for the driveways. Filing for a 5-year maintenance order. Time frame is up to the Commission, not DEP. Motion to close the hearing Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Mr. Snow: Disabilities is upset with path at Gilson that ended at the west side of Greenfield. Have to go to the Kings to cross at Gilson and Kent Street. Took a while to work out that portion. Tried to avoid retaining wall, wanted to stay with crushed stone. DPW is supervising now. Will ask DPW where it stands; running North Scituate and Driftway together. Could be a $30,000 fix at Gilson; definitely need to slow bikes down.

Agents Report: Order of Condition for 44 Grove St. for septic and house improvements. Few problems with that project. Presented for a new septic system. Septic is located in buffer zone. For the house, applied for 2 building permits, one to demolish, one to rebuild. Mr. Kalishes signed off: Work to be done in front OK 6/15/10 VJK. Attached with that Note this letter is to inform you we are removing a good portion of house in front in preparation for renovation. Lack of communication between applicant and engineer. Mr. Kalishes signed off on a little work. Removed the front, and in the meantime they removed the driveway. In the process of removing the front they were 3-1/2‘ from flags. No haybales or siltation fence. All dirt. If heavy rains come, will have trouble. Orders need to be set. Obviously no preconstruction. Should bring him in to discuss issues.

CORRESPONDENCE
July 20, 2010 – August 2, 2010
1. Revised plan (7/15/10) for 99 Glades Rd (in file)
2. Request for a 1-year Extension to the Order of Conditions - expires 9/25/10. Mitigation work needs to be done in spring (in file)
3. NOAA – Local Strategies for Addressing Climate Change
4. Murphy, Hesse, Toomey & Lehane re: Huie v. Conservation Commission of Scituate and Smith
5. South Humarock Civic Association to Chairman re: Informational night Thurs., Aug. 12, 2010 at 7:00 p.m. at the SHCA building on Julian St. Respond at earliest convenience to verify whether you or a representative from ConCom will be available. (e-mailed to members)
6. Totman Enterprises re: materials for Town Way Ext. (in Martha McCarthy’s file)
7. Recording of OofC for 68-2243 – 60 Bailey’s Causeway (in file)
8. Galvin & Galvin re: Peter & Anne Marie Huie and dispute with the “Smith” group to construct a “street” through the “soft-sand” portion of the passageway which is a dune & barrier beach.
9. Matthew Mitchell re: Notice of Violation 68-1651 – Hallisey, 29 Hawthorne St. 2 orders: 52. No full CofC until all new or replaced plantings . . . 53. A plan for dune reconstruction and appropriate plantings in rear prior to preconstruction meeting.
10. Board of Selectmen Minutes of 7/21/09 re: Accepting the gift of 8.67 acres of land known as “Parcel 1 off Lawson Road from Mr. Morrissey for Conservation.” (Deed still needs to be recorded.)
11. ISO Insurances Services re: 2010 CRS Cycle Application.
12. Notification to abutters re: Reed, 39 Town Way Extension (in file)
13. MassWildlife News
14. Recording of OofC for 68-2238 – O’Brien, 29 Surfside Rd (in file)
15. Special Permit – Accessory Dwelling 15 Mill Wharf Plaza (approved)
16. Request for a continuance for Kamman, 31 Candlewood Drive for September (in file)
17. Request for a continuance to August 16 for Foley, 99 Glades Rd (in file)
18. Recording of OofC for 68-2238 – O’Brien, 29 Surfside Rd (in file)
19. Recording of CofC for 68-2179 Fantasia, 16 Revere St (in file)
20. Recording of OofC for 68-2235 – Mitchell, 31 Surfside Rd (in file)
21. Recording of OofC for 68-2236 – Donovan, 33 Surfside Rd (in file)
22. Recording of CofC for 68-1578 – Burke, 69 Gilson Rd (in file)
23. Starting work re: 68-2243 - Robinson, 60 Bailey’s Causeway (in file)
24. DCR re: Forest Futures Visioning Process of 308,000 acres – Zoning lands as “Reserves,” “Parklands” or “Woodlands”.
25. Request for CofC for Owens, 224 Central Ave. ( in file)
26. Building permits for July, 2010
27. The Beacon
28. Recording of CofC for 68-1623 – 41 Surfside Rd (in file)

Order of Conditions: Digen, 104 Edward Foster Rd (raze/rebuild)
Have not allowed new lawns; should be consistent. Need a detailed planting plan. Motion to condition the project as amended Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Order of Conditions: Murphy, 78 Crescent Ave. (restore & stabilize coastal bank)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Order of Conditions: Grove Street Realty Trust/Spence, 44 Grove St (septic & house improvements)
Work was done prior to closing. Demolition permit was issued, but removed driveway also. Mr. Bjorklund recused himself. Haybales and siltation fence not adequate. Motion to condition the project Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Order of Conditions: Lewis, 46 Town Way Ext. (replenish & renourish sand under & around cottage)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: Noble, 24 Riverview Place (septic & addition)
Motion to condition the project Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Order of Conditions: Town of Scituate, clearing of various roadways
Motion to condition the project Ms. Scott-Pipes. Second Mr. Jones. Motion passed by unanimous vote.

Meeting adjourned 8:45 p.m.

Respectfully submitted,

Carol Logue, Secretary