HINGHAM CONSERVATION COMMISSION
November 17, 2008 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Present: Samuel Chapin, Chairman, Eugene Babin, Vice-Chairman, Charles Berry, Bill Grafton, Carolyn Nielsen and Cliff Prentiss, Conservation Officer
Absent: Doug Harvey
Old/New Business
1. Ratify Enforcement Orders
• Salt Marsh and mudflat at the end of Cliff Road
Discussion: Per the Conservation Officer this is a paper street. A motor vehicle dragging a float and a jet ski got stuck requiring a tow vehicle to come in which destroyed some vegetation. The Chairman asked if the owner took responsibility for the problem, per the Conservation Officer he did and is willing to rectify the situation.
Motion: Commissioner Babin motioned to ratify the Enforcement Order.
Second: Commissioner Grafton In Favor: All Opposed: None
• 5 Smith Way
Discussion: Per the Conservation Officer, the occupant of the property has cut trees and brush in the Buffer Zone. The occupant, a renter for 1½ years, was present and advised that his plan was to remove the debris found on the site and in the process cut down some brush to allow access to the bittersweet that was choking trees. The Conservation Officer advised that he would meet onsite and would work with the renter to clean up and restore the area.
Motion: Commissioner Grafton motioned to ratify the Enforcement Order.
Second: Commissioner Nielsen In Favor: All Opposed: None
2. 297 Main Street
Discussion: Potential gift of 3½ acres of land. With a positive vote the Conservation Officer will bring it before the Selectmen. The Chairman read a letter dated 11/5/08 from the current owner requesting that all costs associated with the transaction be borne by the Town. The Conservation Officer indicated there were available monies in the Conservation Fund.
Motion: Commissioner Nielsen motioned to accept the land as a gift.
Second: Commissioner Grafton In Favor: All Opposed: None
3. Draft Dock and Pier Policy
Discussion: Hingham Harbor Development Committee (HHDC) is in the process of drafting a Dock and Pier policy for Hingham. . The Chairman asked that the definitions contained within reference the state regulations. Commissioner Nielsen will be the contact for the Conservation Commission and the HHDC and will attend HHDC meetings. The Conservation Commission will email questions to Commissioner Nielsen and cc: all members of the Conservation Commission and staff.
4. Approve 1st quarter and 2nd quarter Conservation meeting dates and submission deadlines
Motion: Commissioner Berry motioned to approve the Conservation meeting dates and submission deadlines.
Second: Commissioner Grafton In Favor: All Opposed: None
5. Approve 10/20/08 and 11/3/08 draft minutes
Discussion: Continued to 12/1/08
General Discussion
1. Correspondence – Request to waive/partially waive Town Bylaw/Local Fees on future filing for 7 Howard Road
Discussion: The Chairman asked if this project had been peer reviewed, per the Conservation Officer it had. The Conservation Officer commented that the only fee the Conservation Commission had the authority to waive would be the bylaw fee. The Commission did not feel waiving the fees is warranted.
Motion: Commissioner Babin motioned to waive Bylaw and local fees
Second: Commissioner Grafton In Favor: None Opposed: All
2. Susan Wetzell, 28 year resident of Hingham and a member of the League of Women Voters was present and introduced herself to the Conservation Commissioners.
Order of Conditions
1. Request for an Amendment – 9 Langlee Road DEP SE 34 965 Applicants: John and Jennifer Sullivan / Representative – Steve Ivas, Ivas Environmental
Discussion: Mr. Ivas stated this was an inquiry rather than a formal request and reviewed the plans showing the house and sport court. As a result of the sport court being developed they would now like to make additional changes that include an extension, pergola, patio and relocating the stairs from the deck to the yard. Some of the proposed amendment work would be within the 50’ buffer.
The Chairman asked if the Order of Conditions was issued before the revisions to the Bylaw went through, per Mr. Ivas the Order of Conditions was issued a month prior.
Commissioner Babin feels that since the Bylaws have changed and that this is not a simple modification that it would be appropriate for the applicants to come before the Commission for a new Order of Conditions. The Commission feels unanimous in that regard.
2. Request for Extension – Amended Order of Conditions – Back River Residential Community – Beal Street – Town of Hingham Wetlands Protection Bylaw #05-01 Applicant: Thomas Hastings
Discussion: The Conservation Officer advised that they filed within the appropriate timeframe and that they are more than halfway through the project.
There was a question from the public asking what this would cover. The Chairman advised what the extension would cover, stating this is a bylaw Order only for the isolated pond.
Motion: Commissioner Babin motioned to extend the Amended Order of Conditions for a period of 3 years.
Second: Commissioner Nielsen In Favor: All Opposed: None
3. Request for Extension – Amended Order of Conditions – Hingham Shipyard Redevelopment
DEP 34-700 Applicants: Samuels Associates, Lennar Northeast Urban, Avalon Bay Communities, Sea Chain Marina LLC, Rocky Reach LLC / Representative: Matthew Creighton, BSC Group
Discussion: The Chairman asked if this was the 1st extension. Per the Conservation Officer this is the 2nd request. The 1st was for 3 years;, this request is for another 3 years. The Chairman asked if this was received in a timely manner and if the work being done is in compliance with the Order of Conditions, per the Conservation Officer, it is.
Motion: Commissioner Babin motioned to extend the Amended Order of Conditions for a period of 3 years.
Second: Commissioner Grafton In Favor: All Opposed: None
Certificates of Compliance
1. 60 Sharp Street – DEP SE 34 0921 Applicant: Sharp Street, LLC
Discussion: Per the Conservation Officer this is a medical building. There is one slope that needs additional landscaping. The original planting plan called for burning bush (Euonymous sp.) which was planted but they will now ask them to remove them and replace with a non-invasive species. Per the Conservation Officer he can hold the Certificate of Compliance until the 2 noted items are resolved.
2. Derby Street Shoppes – DEP 34 721 Applicant: W/S/M Properties, LLC
Discussion: This Order of Conditions is for the roadway and per the Conservation Officer is complete. A vote to issue the Certificate of Compliance was taken during a prior Conservation Commission meeting, signatures were obtained at this meeting.
Notice of Intent
None
Request for Determination of Applicability
None
Abbreviated Notice of Intent
None
Determination of Applicability
None
Order of Resource Area Delineation
None
Meeting Adjourned at 8:13 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 12/01/08.