HINGHAM CONSERVATION COMMISSION
December 15, 2008 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Present: Samuel Chapin, Chairman, Eugene Babin, Vice-Chairman, Doug Harvey, Carolyn Nielsen, Charles Berry, Bill Grafton and Cliff Prentiss, Conservation Officer
Absent: None
CONSERVATION AGENDA
7:00 PM
Old/New Business
Discussion:
Draft Dock and Pier Policy
CPC Articles
Potential Town Meeting Land Articles
Approve Draft Minutes 12/1/08
7:15 PM
Requests for Determination of Applicability - None
7:30 PM
Notice of Intent
25 Howland Lane – DEP 34 0985
Certificates of Compliance
248 Wompatuck Road – DEP SE 34 0898 – Applicants – Daniel & Kristine Coughlin
Reissue COC – 3 Otis Street – SE 34 555
Old/New Business
1. Draft Dock and Pier Policy
Update provided by Carolyn Nielsen, Conservation Commissioner
• Learning curve-working on a clear understanding on what currently is in the law vs. practice
• Hingham has no Bylaw on docks/piers and relies on State law
• First version of the draft prepared by the Hingham Harbor Development Committee (HHDC) is a wonderful starting document
• First draft is modeled after the Town of Barnstable which is governed by a charter rather than By-laws and items are structured differently.
• In the Town of Hingham’s situation we need to prepare a Bylaw that is consistent with Hingham’s governance and the Regulations will determine the Conservation Commission’s application of the Bylaw
• Mimics state statues and regulations.
• Will be a two step process – Going to Town Meeting to seek Bylaw approval and then develop the Regulations to be developed under that Bylaw.
• Commonwealth does have a booklet – “Small Docks and Piers Guidance” – reviewing what is law and what are good ideas.
• Distribution and discussion of a Hingham Harbor chart– which notes how much of the Harbor is shellfish habitat which is protected under the Wetlands Protection Act
• Still working with the HHDC-Chris Daly who is developing a map that shows where mean high and low water is, and where we can visually determine the extent of any impact resulting from guidelines we may propose.
2. CPC Articles
Update from Eugene Babin, Conservation Commissioner
• CPC monies is used in 3 areas–historical preservation, open space acquisition and housing.
• Funding that is available - $720,000 – Approximately, a dozen applications have been received.
Applications received:
Historical Preservation requests:
• Historical Commission has asked for $100,000 for projects that come up and as assets become available
• Boy Scout House has asked for $50,000 to study what level of rehab is needed for their Leavitt St. bldg.
• $60,000 has been asked for by others for rehab work on The Old Ordinary
Open Space requests:
• Harbor Development Committee has requested $200,000 for unspecified uses at this time
• Hingham Conservation has requested $100,000 to purchase properties as they become available
• 3 properties are being looked at for purchase – no dollars have been assigned yet
Housing requests:
• Hingham Housing is asking for $7,000 for a wetlands delineation and unspecified survey costs for 100 Beal Street which will become affordable housing
• Hingham Housing requesting money to do Maintenance work requests at Thaxter Park and maintain boilers at several properties
• $350,000 for a home on Fort Hill Street to house homeless veterans.
• CPC will be prioritizing requests before going to Town Meeting
3. Potential Town Meeting Articles
Update from Cliff Prentiss, Conservation Officer
• Discussion of two pieces of land near Abington Street that are mostly wetlands. There is no Conservation land near that side of town.
• With the Conservation Commission’s authority, the Conservation Officer will place an Article for the next town meeting to transfer the care, custody and control of these two parcels from the Town to the Conservation Commission.
Motion: Commissioner Babin motioned to support placing on the next Town Meeting warrant the care, custody and control of two parcels (Map 211, Lot 7 and Map 212, Lot 3) from the Town to Conservation.
Second: Commissioner Berry In Favor: All Opposed: None
4. Approve Draft Minutes – 12/1/08
Motion: Commissioner Grafton motioned to approve the 12/1/08 minutes as amended.
Second: Commissioner Nielsen In Favor: All Opposed: None
Requests for Determination of Applicability - None
Notice of Intent
1. 25 Howland Lane – DEP 34 0985
Applicant – James Teegan – Representative – Gary James, James Engineering
• Proposed construction includes a porch and a deck as Phase I on an existing single family home near Cushing Pond
• A concrete patio will be removed, and a porch/addition will be constructed
• No trees will be removed during Phase I
• Phase II will be the proposed addition of a 2 car garage on the east side of the house – the former garage will be closed in and converted to living space
• A new paved driveway to the proposed garage will be done
• Roof leaders and a roof drain leaching pit will be provided
• Subsurface disposal system will be repaired in Phase II
• At this time, Phase II does not have the Board of Health’s approval
• Representative noted that they expect to come back and ask the Commission for an extension for Phase II.
The Conservation Officer concurs with the wetland line.
The Chairman opened the hearing to the public.
Jim Clarke had a question on the drainage and catch basins.
The Chairman closed the hearing to the public.
Motion: Commissioner Babin motioned to close the hearing and issue the Order of Conditions with a special condition to note that the Board of Health plans are needed.
Second: Commissioner Berry In Favor: All Opposed: None
Certificates of Compliance
1. 248 Wompatuck Road – DEP SE 34 0898 – Applicants – Daniel & Kristine Coughlin
Discussion: Complete per the Conservation Officer and built according to the Order of Conditions.
Motion: Commissioner Babin motioned to approve and issue a Certificate of Compliance.
Second: Commissioner Berry In Favor: All Opposed: None
2. Reissue COC – 3 Otis Street – SE 34 555
Discussion: The Conservation Officer noted that there were clerical issues with the original COC that was previously approved and issued by the Conservation Commission. It was corrected, however the document couldn’t be recorded since it was produced as a 2-sided true attest corrected copy. The attorney is requesting a new or an attested copy of the corrected COC. No vote is needed by the Commission, just resigning the document.
Additional Business
1. MACC Donation
Commissioner Chapin noted that he received a letter from MACC requesting a tax-deductible donation and asked if any funds were available in the budget. The Conservation Officer noted that no budget funds are available at the Commission’s discretion to make a donation. If the Commission wishes to make a donation, it would have to come out of their own personal funds.
2. Administrative Consent Order – Bare Cove Park – Revised
Commissioner Chapin circulated the revised ACO via email for the Commissioners to review and asked if the Commissioners had the chance to review it.
• It appears that most of the items that the Commission objected to have been addressed in this revision including removing references to mowing and references to Back River having any right to do vista pruning; the same procedures for developing a plan and submitting it and having it approved and then the Town would exercise the Plan are in the document
• The Selectmen have noted that they believe that this is the best solution to the problem that would avoid potential litigation between the Town and Back River
• Commissioner Babin noted that the revised Consent Order has turned around 180 degrees
• Commissioner Nielsen has noted that she does not agree that the Selectmen have reviewed it and agree with it, this does not reflect conversations she has had with Selectman Laura Burns
• Commissioner Nielsen noted deep concern in appearing to give up Town control over Town Land and that a Notice of Intent would be the way to handle it
• Commissioner Nielsen is reluctant to support this ACO
• Commissioner Berry noted he doesn’t see the need for this agreement especially since the issue of the “Dagger” parcel plantings is addressed somewhere else, and asked why do we need an agreement with respect to Back River to do pruning if they can go through normal channels?
• Commissioner Berry downloaded an ACEC Regulatory Summary from the State website that says that, with respect to an Order of Conditions for work in a wetlands resource area within an ACEC, the performance standard is raised to “no adverse effects”. The fact that we have an ACO that addresses an MVP and discusses trimming under-story and removing dead wood seems to be unnecessary
• Commissioner Grafton would like to see revised page 7 – item 11 – which speaks of language in perpetuity and that is a concern – also would like to delete heirs, successors and assigns, item 16 page 8 – need to define access to what – needs to be more specific, also the language dealing with adjudicating this matter needs to be softened.
• Commissioner Grafton notes that the document is a work in progress and it is looking better
• Commissioner Chapin notes that page 4 – item 8 – “and/or Back River” should be deleted
• Chairman Chapin took a sense of the meeting that the ACO is not ready to be voted on at this point.
Motion: Commissioner Grafton made a motion that the Chair write to Back River requesting the 4 changes that were discussed in this meeting so that the Commission may take a vote on the final document at the next meeting on 1/5/09.
Second: Commissioner Babin
In Favor: Commissioners Harvey, Berry, Grafton Opposed: Commissioner Nielsen
Commissioner Chapin addressed a person in the audience.
Mr. Hersey: Suggested to the Commission that someone go over and take pictures to keep as a reference.
Mr. Clarke: The letter that you received, would it resolve any other issues?
Commissioner Chapin: I didn’t read anything else in the letter and it addresses this situation with Back River.
Meeting Adjourned at 8:45 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 1/26/09.