HINGHAM CONSERVATION COMMISSION
October 6, 2008 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Present: Samuel Chapin, Chairman, Doug Harvey, Carolyn Nielsen, Charles Berry, Bill Grafton and Cliff Prentiss, Conservation Officer
Absent: Eugene Babin, Vice-Chairman
Old/New Business
1. 295 North Street – Conservation Restriction
Motion: Commissioner Grafton motioned to endorse the Conservation Restriction
Second: Commissioner Berry In Favor: All Opposed: None
2. Approve Draft Minutes – 9/8/08 and 9/22
Motion: Commissioner Grafton motioned to approve the 9/8/08 minutes as amended.
Second: Commissioner Berry In Favor: All Opposed: None
Motion: Commissioner Nielsen motioned to approve the 9/22/08 minutes as amended.
Second: Commissioner Grafton In Favor: All Opposed: None
3. Cohasset Golf Club – DEP SE 34 0926
Discussion: A letter was received advising that they withdrew their appeal to the DEP.
4. NHESP – New Priority Habitat & Estimated Habitat Map of Rare Species – Effective 10/1/08
Discussion: Per the Conservation Officer Natural Heritage requires notification 30 days in advance of any work being done in the area.
Request for Determination of Applicability
1. 6 Winthrop Road – Applicant Rene Thibault
Presentation: The Applicant advised that they propose to build a shed in the back of their property that will be built with a wood floor on concrete blocks.
Discussion: The Chairman asked if any digging will be done. The applicant advised none. The Conservation Officer advised that the work is not in a resource area. The location of the proposed shed was shown on a map of the property. The Chairman asked if any vegetation would be removed, the applicant advised none. The Chairman asked what would be stored in the shed, per the applicant bikes, lawn equipment and other miscellaneous items.
The Chairman opened the hearing to the public. No comment.
The Chairman closed the hearing to the public.
Motion: Commissioner Grafton motioned to issue a negative determination
Second: Commissioner Berry In Favor: All Opposed: None
Notice of Intent
1. Off North Street – (Map 60, Lots 70 and 142/229 North St./223R North St) No DEP number (as of 10/6/08) Applicants: John and Kimberly McDowell / Representative – James Wagner and Thomas Pozerski, Merrill Associates
Presentation: Mr. Wagner presented the proposed project to move the historic Hersey barn to the above adjacent parcel of land. They propose to do as little earth moving as possible. Mr. Pozerski depicted the wetland lines on the map as well as the 50 and 100 foot buffer zones. They moved everything they could out of the 50’ buffer zone. They are matching the existing grade on the property. The barn will be placed on a concrete foundation.
Discussion: The Chairman asked if the barn will be used as a residence. Per the representative it will be used as a barn. The Chairman asked if this is the only lot owned by the applicants. Per Mr. Pozerski the applicants own the adjacent property and have a residence on that property. The Chairman asked if there is going to be water and sewer in the barn, per Mr. Pozerski both will be installed. Commissioner Grafton noted that a gas line is on the plan. The Chairman asked the purpose of the barn. Per Mr. Wagner the barn will not be used as a residence now or in the future.
The Conservation Officer advised that as proposed it should not have any impact on the resource areaand he concurred with the wetland markers.
Commissioner Nielsen asked what the current condition of the property is. Per Mr. Pozerski there is some grass, a pond and some trees.
The Chairman opened the hearing to the public. No comment.
The Chairman closed the hearing to the public.
The Chairman asked how they would access the area to pour the foundation. Mr. Pozerski noted on the plans where they would go in and how they would move the barn onto the foundation.
Motion: Commissioner Harvey motioned to close the hearing and issue the Order of Conditions
Second: Commissioner Nielsen In Favor: All Opposed: None
The Chairman noticed that no DEP number has been issued to date and requested an amended vote pending receipt of the DEP number. If no comment(s) are received from the DEP the hearing will be closed and the Order of Conditions would be issued.
Motion: Commissioner Grafton motioned to amend the vote pending receipt of the DEP number and comment.
Second: Commissioner Nielsen In Favor: All Opposed: None
2. 302-304 Whiting Street – “Derby Brook Housing Community” - DEP SE 34 0654 Applicant 302-304 Whiting Street LP / Representative – Gary James, James Engineering
Presentation: Mr. Chessia has reviewed their revised plans and feels that the hearing can be closed. He will have some recommendations for the Order of Conditions (OOC).
Discussion: The Chairman advised that based on Mr. Chessia’s letter, they will likely be including many of his suggestions in the OOC. The Chairman asked if there was a professional land survey done. Per Mr. James property boundaries will be provided. Mr. James advised that he could provide a Professional Land Surveyor (PLS) stamp. The Chairman advised that a PLS stamp would likely be in the OOC.
Mr. James will provide a full list of final documents that should be used.
The Chairman opened the hearing to the public. No comment.
The Chairman closed the hearing to the public.
Motion: Commissioner Grafton motioned to close the hearing
Second: Commissioner Harvey In Favor: All Opposed: None
3. 8 Green Street Court – DEP SE 34 0974 Applicants: Brian and Stephanie Miller / Representative – Richard Churchill, Churchill Engineering
Presentation: Mr. Churchill advised that this is a project to stabilize an old house. Under investigation of the property they found a substandard foundation and two substandard retaining walls. A stone retaining wall had failed allowing lateral movement of the soil. The proposal is to rebuild the retaining walls and stabilize the foundation
Discussion: The Chairman asked if any of the structures on the property are proposed or are they all existing. Per Mr. Churchill they are all currently exist. The Chairman asked if they are replacing a stone wall, per Mr. Churchill the retaining wall has crumbled and is no longer effective and will be replaced. The borings were done last week and no organic material was found. They expect to have to dig down approximately 3 feet to set the precast wall. The Chairman asked if the decks would be replaced. Per the Applicant the existing decks have already been removed. The Conservation Officer concurs with the wetland delineation. The plans were reviewed, the Chairman asked to see a profile of the wall to see the elevation. The elevation was reviewed on the plans. The Chairman asked what the material of the wall will be; per Mr. Churchill the wall following the wetlands will be precast. The Chairman asked Mr. Churchill to clarify what he means by “stabilization” of the soil. Mr. Churchill advised that “stabilization” means only to retain it, not to add anything to it.
The Chairman opened the hearing to the public. No comment.
The Chairman closed the hearing to the public.
Motion: Commissioner Berry motioned to close the hearing and issue the Order of Conditions
Second: Commissioner Harvey In Favor: All Opposed: None
4. 4 Steamboat Lane – DEP SE 34 0980 Applicant: Lelia Stokes Weinstein / Representative – Phil Spath, Rosano, Davis, Spath Engineering
Presentation: Mr. Spath presented the proposed septic system as it failed Title V. They will be eliminating the cesspools. The treatment unit was depicted on the plans and the location of the silt fence.
Discussion: The Chairman asked where the harbor is on the plans. The Chairman asked where the existing system is which was shown on the plans. The Chairman asked where the access is to the property. Mr. Spath noted it on the plans. The Conservation Officer met with the BOH staff on site and both feel moving the tanks into the building would be advantageous. The proposed tanks are in the A3 zone at elevation 11. The Chairman asked if the new FEMA flood maps were used. Per the Conservation Officer, the new maps define this as being in the velocity zone. Mr. Spath feels it would be difficult and expensive to move the soil absorption system away from the elevation 11 contour as it would require digging into the slope. The Chairman asked if the soil absorption system could be moved to the south side of the garage allowing it to be outside the buffer zone and would require only minimal digging. Per Mr. Spath even in that location they would have to do some excavation.
The Chairman feels approval of the new FEMA flood maps should be anticipated. The Conservation Officer reiterated that the Board of Health has primary jurisdiction on this request and the Conservation Commission’s approval would be secondary. The Chairman suggests continuing this hearing until the Board of Health makes their recommendation.
The Chairman opened the hearing to the public. No comment.
The Chairman closed the hearing to the public.
Dan Singleton, represents the estate and commented on the flood maps as being preliminary. The Chairman reiterated that approval of the new map should be anticipated.
Mr. Singleton requested a continuance to the 10/20 meeting.
Motion: Commissioner Nielsen motioned to continue the hearing to 10/20
Second: Commissioner Grafton In Favor: All Opposed: None
5. 7 Blue Sky Drive - No DEP number as of 10/6/08 Applicant: Susanna Hunt / Representative – Greg Tansey, Ross Engineering
Presentation: Mr. Tansey presented the proposal of an addition and in-ground pool. The 2 car garage will be removed and be replaced with a mud room, a ½ bath and a new 2 car garage with a room above. Approximately 40% of the new additional will occupy the existing footprint. They also propose replacing the open deck in the back, which will be slightly bigger in one area and slightly smaller in another area. A farmer’s porch is proposed out front. The existing septic leaching area is in the 100’ buffer. They propose to abandon that and secondary to an OOC from the Conservation Commission they will propose a new septic system. There is a waterbody on the property that may be a vernal pool but it will not be determined until the spring.
Discussion: The Chairman asked if the bedroom count will increase. Per Mr. Tansey, it will not. The new proposed septic system will be conventional.
The Conservation Officer indicated that moving the pool slightly will move it out of the 50’ buffer. The Applicant indicated a willingness to make that change.
The Chairman opened the hearing to the public. No comment.
The Chairman closed the hearing to the public.
Motion: Commissioner Grafton motioned to close the hearing and issue the Order of Conditions that includes movement of the pool approximately 5’ which moves it out of the 50’ buffer zone and comply with the setback.
Second: Commissioner Nielsen In Favor: All Opposed: None
6. 16 Berkley Circle – DEP SE 34 – 0975 – Continuance Applicants: James Broderick and Karen Johnson / Representative – John Cavanaro, Cavanaro Consulting
Presentation: The Chairman advised that an Alternatives Analysis was received and does provide:
• A no action alternative
• A partial work alternative and
• A relocate pool alternative
Mr. Cavanaro advised that the 3 alternatives have submitted that to the state. Mr. Cavanaro reviewed the present conditions plan.
The property is in 2 sections, the upper “recreation” section of the yard is approximately 30’ higher than the lower area of the property nearer the river. The lower area is a large lawn area. The pond in the rear of the property appears to have been built as a detention pond.
In an effort to improve the riverfront area they’ve added to their proposal another 1000 square feet of buffer plantings. A planting plan was provided that removes the invasive species. Sean Papich detailed the planting plan.
Discussion: Commissioner Nielsen commented she observed yard waste being composted and asked about the location of the composting area, per Mr. Papich a place upland would be targeted. The Chairman indicated that the bluestone patio is within the 50’ buffer.
The Conservation Officer indicated the intrusions into the 50’ buffer. The Conservation Officer concurs with the “two” separate areas of the property and supports the proposed plan.
Motion: Commissioner Harvey motioned to close the hearing and issue the Order of Conditions
Second: Commissioner Berry In Favor: All Opposed: None
7. Aaron River Reservoir – Located in the Towns of Cohasset, Scituate and Hingham – Continuance DEP 34 – 0979 Applicant: Cohasset Board of Water Commissioners / Rep. – Thomas Keeffe, PE – Tutela Engineering Associates
Presentation: A DEP number has been issued with no comment by the DEP. The OOC was signed as a vote to close the hearing pending receipt of the DEP was already taken.
Determination of Applicability
1. 24 Summer Street - Applicant – Exxon Mobil / Representative: Magdalena Lofstedt - CDM, Inc.
Discussion: signed
Certificates of Compliance
1. 188 Union Street – DEP 34 0861 – Applicants: James and Mary Reiser
Discussion: Complete
Motion: Commissioner Nielsen motioned to approve order of conditions.
Second: Commissioner Harvey In Favor: All Opposed: None
2. 3 Weir River Lane – DEP 34 0900 – Applicants: Kevin Lane and Karen Smith
Discussion: complete
Motion: Commissioner Nielsen motioned to approve order of conditions.
Second: Commissioner Harvey In Favor: All Opposed: None
Abbreviated Notice of Intent
None
Request for Determination of Applicability
None
Order of Resource Area Delineation
None
General Discussion
None
Meeting Adjourned at 9:24 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 10/20/08.