Printer Friendly Layout

News/Events - Meeting Minutes

Meeting was called to order 6:26 at p.m.

Members Present: Frank Snow, Chairman, Mr. Bjorklund, Mr. Greenbaum, Mr. Urbanski.

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

Agenda: Motion to accept the agenda Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Request for Determination: Black, 11 Windward Lane (in-ground pool/concrete patio/fence)
Kristine Uhlman, Aquanot pools, was present at the hearing. Portion of deck and chain link fence 15’ into the 100’ buffer. A few trees outside the 100’ buffer will need to be removed. Access will be at garage side of house. Recommend haybale line be placed behind the new fence. Pool equipment will be beside garage. Area is basically lawn. Call when erosion controls are installed. Send picture of haybale line and letter of starting date. 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).” - 1. Haybales shall be placed right behind the fence line to avoid any more intrusion into the buffer zone. 2. Pictures shall be submitted of the installed haybale line before work begins. Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote.

Wetlands Hearing: Kamman, 31 Candlewood Drive (approval of existing agricultural use)
Applicant’s representative requested a continuance to November 9. Motion to continue the hearing to 6:30 p.m. November 9, 2010 Mr. Greenbaum. Second Mr. Urbanski. Mr. Bjorklund: between all the materials submitted for this filing there is a direct conflict between the attorney’s and the wetland scientist’s reports. No new information has been submitted. Motion to close the hearing Mr. Bjorklund. Mr. Snow: Violations all over that property. Motion to withdraw the continuance Mr. Urbanski. Second Mr. Greenbaum. Motion passed by unanimous vote. Motion to close the hearing Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Wood, 18 Hatherly Rd (in-ground pool/patio/landscaping)
Dexter Wood was present at the hearing. Revised plans submitted reorienting the pool away from wetland. Mr. Greenbaum: Consider relocating storage shed out of Commission’s jurisdiction. Edge of apron is 30 feet from wetland, but lawn area. One large tree needs to be removed. Mr. Wood: Could eradicate phragmites. Mr. Shea: DEP has new regulations; removal has to be done by a licensed person; fresh water type is harder to eradicate and expensive. Mr. Bjorklund: Either remove or move storage shed outside the 50’. Can put an order in the conditions. Keep pool equipment as far away from wetland as possible. Mr. Shea: Previous plantings have been done in the 50’ buffer close to the wetland edge at the southwest edge. Complete the planting plan in the area of the shed. If anything changes you will have to come back. There is a Board of Health issue regarding backwashing. Motion to close the hearing Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Wetlands Hearing: Foley, 99 Glades Rd (raze/rebuild house & garage)
Carmen Hudson, Atty. Richard Henderson, and Julie Erickson, architect, were present at the hearing. After suggestions from Commission: established neighborhood setbacks; increased distance to salt marsh from 3.3’ to 5.9’; removed proposed roof over proposed porch and converted to deck; amount of roof area in 50’ buffer reduced from 715 to 332 sq. ft.; increased native buffer plantings from 1,065 to 1,300 sq. ft.; house will be above flood elevation and old garage will be removed from salt marsh. Mr. Greenbaum: concern is that the proposed house should have no more impervious surface overall or within the 50’ buffer zone than the present dwelling, still about 300 sq. ft more. Increased planting area proposed to offset the 300 sq ft. difference. Mr. Bjorklund: Structural plan not stamped; do you meet the threshold of the stormwater bylaw? Right now no infiltration on site, no roof leaders are going to the marsh area. If approved all the water will go to the newly planted area. Originally checked the threshold, recollection is that project didn’t meet threshold. Even if the threshold of the stormwater bylaw is not met, could be an order to follow the guidelines. We have approvals from Board of Health and Zoning Board of Appeals and DEP File #. Submit a letter regarding stormwater permit. Will submit a letter, happy to provide infiltration. Consultant has been working on actual plantings. Atty. Henderson: if conditions are going to be such that project is not approved as submitted, don’t want to proceed with a closing. When Commission feels they have enough information, they close the hearing. If Order is not recorded, they are invalid. Don’t know what the decision is going to be. Motion to close the hearing Mr. Greenbaum. Second Mr. Bjorklund. Motion passed by unanimous vote.

Wetlands Hearing: Crowley, 138 Gilson Rd (raze/rebuild dwelling/construct 3 car garage & pool)*
Dana Altobello, Merrill Associates, and Frank Crowley were present at the hearing. Abutters notification was submitted. Currently on site is a dwelling and shed. Wetlands at the rear, delineated by Pinebrook Consulting, June 2010; 50’ and 100’ buffers shown on plan; FEMA flood zone A2. Project: Reconstruction of dwelling and garage and pool in the future. Front of house graded toward street. No structures proposed within 58’ to the wetlands. Proposed contiguous row of haybales at the back of property. Proposing three drywells to infiltrate roof runoff, but could become trenches. Mr. Greenbaum: How deep is the proposed irrigation well? Didn’t dig any test pits. They will have significant impact on the wetland. Worst place for the shed. Mr. Crowley: not vital we keep the shed or irrigation well. Mr. Shea: Don’t think well will have a negative impact on the pond. If a hot/dry summer, may not function and if wet summer won’t be an issue. Plenty of room to move shed. The haybale line is right up to the edge of the wetland. Keep haybale line at 50’ buffer. Could add silt fence. Mr. Bjorklund: Directly across on the Driftway there is a wetland; don’t know if the road is 50’ wide or less; tremendous amount of clearing has been done on the lot; believe Commission’s own wetland specialist should look at the site--soils need to be checked since vegetation is all gone. Mr. Vitalli, 34 Driftway: The whole lot has been cleared. Years ago the lot was a huge issue. Homeowner tried to subdivide, town said it couldn’t’ be done. Look for old file. Locate wetland across the street. No perc tests yet. Site is within jurisdiction, therefore Commission would handle stormwater permit. Strange area, Griffins did a lot of work on this same drumlin. Mr. Shea: definitely wetlands on south side of Driftway. Brook Monroe flagged wetland on northwest corner of lot, hasn’t done any soil borings; didn’t fill out DEP data sheets. Supposed to show all wetlands within 100’. She can’t flag that unless she has permission from owner. Look around entire property. If nothing else you need haybale line along Driftway. She has to do more work and you will have to revise the plans. Mr. Greenbaum: Red maple on the property is a wetland indicator plant. Motion to continue to December 13, at 6:30 p.m. Mr. Greenbaum. Second Mr. Urbanski. Motion passed by unanimous vote.

Mr. Bjorklund: Spoke to DEP and they said can do new revetment, if property existed prior to 1978.
This evening is last Conservation meeting; regretfully have to resign from the Commission. Lot of stuff going on, need to pull back for a while. Hopes the Commission stays even keeled, and fair with people. Commission was sorry to hear. Need to work hard to get another member. Can’t be an Associate Member either, both classified as special municipal employees. Hope to somehow still help out.

Order of Conditions: Town of Scituate/DPW, Hollett Street (water main)
Motion to condition the project Mr. Bjorklund. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: Grande, 146 Oceanside Drive (revetment repair)
Motion to condition the project Mr. Bjorklund. Second Mr. Greenbaum. Motion passed by unanimous vote.

Order of Conditions: McLean, 30 Standish Ave. (revetment repair)
Motion to condition the project Mr. Bjorklund. Second Mr. Urbanski. Motion passed by unanimous vote.

Mr. Snow: CPC Letter for Town Meeting – Already letters written in support of CPC. Believes the Commission should write a letter also to strongly argue against elimination. It has done nothing but good things for the town.

Agents’ Report: Haufler, Lot 2 Peggotty Beach Rd – Talked with Brad Holmes and Paul Mirabito. Submitted a letter basically stating did not receive approval from the Commission regarding the revegetation plan. Order of Conditions issued a year ago January. Came down to restoration of site. Brad Holmes was supposed to do plantings in March or early April of 2010 and did not. Restoration plan looks fine. Issue an Enforcement Order to immediately take out the fill. Thinks he can take care of it with Brad Holmes.

Hingham District Court:
King, 151R Glades Rd: Met with the Clerk Magistrate Mr. Ligotti - quite an experience. King’s court case regarded small strips of asphalt. Mr. King said there had been old asphalt. That’s not what the office heard from the abutters. Asphalt was not the only problem, there were other alterations, playground, vegetation removal and fill in wetlands. Mr. King lost it in court, apparently daughter was violated the night before. Mr. Ligotti told him to listen to the Conservation Commission and dismissed the case. Five or 6 abutters have come in before and since claiming if we don’t go after Mr. King they will also put in asphalt. Need to have Mr. King file a Notice of Intent. Want to keep it out of the courts. Suggest sending another Enforcement Order to file a Notice of Intent by a certain date and if no filing submitted, will start fining up to $300 a day.

Mr. & Mrs. Mazzola, 30 Inner Harbor Rd: Alteration of coastal dune, wooden walkway and removal of snow fence. They didn’t know Mr. Shea. Claimed he hadn’t done anything wrong. Commission approved a coastal dune for Mrs. Gibbs, he didn’t object to the dune and actually was in favor of it, but it blocked his access to the beach; could have walked around. Mr. Shea showed photos of the alteration. Mr. Mazzola then forgot about the Conservation Commission and went after the hearing officer. Magistrate was willing to continue the hearing to January to allow him to file a Notice of Intent to repair the dune, but Mazzola refused to file and wanted to go to court and ranted and raved. Magistrate warned he was about to receive a criminal record. Mr. or Mrs. Mazzola didn’t care. Mr. Shea reiterated all the Commission wanted was a filing. Suggesting now to send another Enforcement Order and start fining.

Bloomstein, 242 Central (seawall): Spoke to Mr. Bloomstein, should be filing soon.

Request to Amend Order of Conditions: Burke, 161 Summer Street
Has an existing Order of Conditions, but Mr. Burke has done other work on the site. In Mr. Shea’s opinion should stick with the Order of Conditions, don’t think this project qualifies for an amendment. A Notice of Intent was filed prior to Mr. Burke’s buying the property; did new activities on his own. Filed for a Certificate of Compliance. Mr. Bjorklund made a site visit: planting area behind proposed garage was never done; did clean up area of lawn clippings; extended the driveway all the way to the back of house, while only thing they said they did was gravel drive; part of driveway should be taken out and grass planted. All disturbance is in the 50’ buffer zone, Should have more plantings to mitigate. Mr. Greenbaum: Letter should be amended, because it doesn’t state work has already been done in the 50’ buffer zone. Motion to consider an amendment to the Order of Conditions under DEP File 68-1832 Mr. Greenbaum. Second Mr. Bjorklund. Motion passed by unanimous vote.

The Glenn subdivision: Steve Ivas is the consultant for the Commission. Have his reports from April & May of 2010. Wetland replication areas are supposed to be done first. Staked out the area last spring. Nothing has been done. Heard through Mr. Ivas that they are ready to cut trees Friday. No information submitted to the Commission from applicant. Not the time to do a replication area. Ivas’s letter stated that their goal was to plant this season. Typically when you do replication, hydric soils are moved to replication area, than planted. Mr. Shea thinks they shouldn’t do anything until the spring. Suggests the applicant come back to the Commission to talk about the replication orders. Could start in another area but definitely plant replication first thing in the spring.

Mr. Snow: Sunset Road - MacDonald is looking to sell the property at the end of Sunset Road, interested in selling through CPC. Same piece of property was offered to the town last year. Does the Commission want to be the applicant? A price has to be determined. Nice piece of property; would tie in with Marine Park and Stellwagon Bank. Have to move fairly quickly, if we have the manpower. There are members on CPC who are in favor of it. Mr. Bjorklund: all depends on what they are realistically looking for and if they are willing to sell for the appraised value. Have to be somewhat careful about competing interests, can’t support them all. It would join together the town and the federal government. Open space on the harbor is extremely important. Would open up educational opportunities and trail system would be great.

Minutes: August 20, 2010 and September 28, 2010
Motion to approve the minutes of August 30, 2010 and September 28, 2010 Mr. Greenbaum. Second Mr. Bjorklund. Motion passed by a 3 to 1 vote with 1 abstention.

CORRESPONDENCE
October 13, 2010 – November 1, 2010
1. Revised plans for 18 Hatherly Rd – Proposed pool plan (in file)
2. Woodard & Curran Directions Newsletter
3. Plymouth County Soil Survey Final Acre Ceremony – Fri., Nov. 5, 2010 10-12 noon – UMass Cranberry Station, 1 State Bog Road, East Wareham, MA.
4. MACC Newsletter
5. 158 Border St – e-mail re: proactive before wet season about impacts to property. Large drain pipe installed under driveway, contributing to rising water are logs, leaves & sticks dumped in the wetlands. Request taking a look at the debris and determine if it could be an issue. Concerned about neighbors complaining about water levels again.
6. Request to continue 68-2251 – Kamman, 31 Candlewood Dr to Nov. 9.
7. Revised plans and cover letter re: 68-2271 – Foley, 99 Glades Rd (in file)
8. NSRWA RiverWatch Newsletter
9. Request to Amend an Order of Conditions – 68-1832 – Burke, 161 Summer St (in file)
10. Notification to abutters re: 68-1832 - Burke, 161 Summer St (in file)
11. National Cooperative Soil Survey - Plymouth County MA newsletter
12. Certificate of mailing copies re: 138 Gilson (originals will be brought to hearing) (in file)
13. Mass Bays Program Grant Program - Coastal grants – Due Dec. 3, 2010
14. Recording of Order of Conditions for 68-2267 – 228 Central Ave. (in file)
15. Recording of CofC for LaSpada, 180 Border St 68-1825 (need to go downstairs in file)
16. Village at So. River/Solimando, 8 Dartmouth/aka Central Ave. Phase I – sign up, haybales in place – pictures attached (in file)
17. As-built plan for 161 Summer St dated 10/21/10 part of request to Amend the Order of Conditions (in file)
18. Recording of OofC for 68-2268 – Struzziero, 14 Oceanside Dr (in file)
19. Shellfish warden/Joseph Strazdes re: opposite 224 Central. No shellfish in proposed area. (in file)
20. Contractor information re: 68-2235 & 68-2236 – 31 & 33 Surfside Rd Revetment Repair – S.M. Lynch (in file)
21. Planning Board Agenda for 10/28/10
22. Recording of OofC for 68-2265 – Ford, 790 Country Way (in file)
23. DEP re: 68-2221 – Gates at Musquashicut Pond: Compliance with MEPA – alters greater than one half acres – MEPA required.
24. DEP re: 401 Water Quality Certification review for dredging at 12 Ch Justice Cushing Hwy. – No adverse effects (in file)
25. Letter explaining miscommunication re: 83 Rebecca Rd – gathering paperwork for Bob Crawford, E.E.T.
26. Bloomstein re: 242 Central Ave. seawall –application to be submitted within two weeks.
27. 21 Peggotty Bch. Rd. re: non-compliance with Orders 22-26. Revegetation plan that required Commission’s approval, has yet to be received by the owners, therefore, no work could be undertaken. (in file)
28. Packet of information from Stone, 28 Dartmouth St re: deck – pictures, etc. (in EO file)
29, Planning Board re: Form A Application – 568 First Parish Rd – Comments by 11/2/10
30. Gibbs re: Peggotty Beach Dune Restoration 68-2237 – Requesting Town to get involved in repairing the dune.
31. The Beacon

Meeting adjourned 8:40 p.m.

Respectfully submitted,

Carol Logue, Secretary