HINGHAM CONSERVATION COMMISSION
September 5, 2009 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Absent: None
Old/New Business
1. Draft Dock and Pier Policy
Discussion: Commissioner Nielsen provided an updated draft of the Dock and Pier Policy that would be, when fully developed and approved, inserted into the Hingham by-law section 2.
Commissioner Nielsen advised that a vote would need to be made prior to 1/20/09 so that it can go before town meeting.
Motion: Commissioner Berry motioned to support a bylaw amendment to authorize the commission to regulate and create regulations for new drafts and docks in Hingham
Second: Commissioner Grafton In Favor: All Opposed: None
2. Approve 12/15/08 draft minutes
Postponed to 1/26/09
3. Administrative Consent Order - In the Matter of Bare Cove Park
Discussion: The Commission has been asked by Back River Condominium Trust to take no action on the revised ACO due to the threat of legal action against the Town of Hingham by a member of the Bare Cove Park Committee. The Commission unanimously agrees to take no action.
Notice of Intent
1. 4 Steamboat Lane – DEP SE 34 0980 – Applicant: Lelia Stokes Weinstein / Representative – Paul Shea, Independent Environmental Consultants. A Continued Hearing.
Presentation: Subject property borders Hingham Harbor and has a failed septic system. The 100 year flood line currently is at elevation 11 (that may change to elevation 13 in the future). A revised plan presented by Mr. Shea addresses that by proposing construction of a leaching field and septic tank at elevation 15. The 100-foot buffer zone was depicted on the revised plans and the majority of the construction will fall outside of the buffer zone. A proposed pump in the basement and the septic lines will be within the 50’ buffer zone to the coastal bank. There is a new engineer on the project, from McSweeney Engineering.
Discussion: The Chairman asked the height of the proposed retaining wall. Per Mr. Shea, the wall will be three feet at its highest. The Chairman asked if there were any plans to expand the house, per Mr. Shea this septic system is designed to serve the existing house only.
The Chairman opened the hearing to the public. One abutter was present and asked some questions, which Mr. Shea was able to answer. The Chairman closed the hearing to the public.
Motion: Commissioner Babin motioned to close the hearing and issue the order of conditions
Second: Commissioner Nielsen In Favor: All Opposed: None
2. 29 Woodlock Road – Town of Hingham Bylaw 09 – 1 - Applicant: Alan Perrault, Horizon Partners LLC/Rep.: Robert Cummings, Engineering & Management Services
Commission Nielsen recused herself from this hearing
Presentation: This Notice of Intent is only under the By-Law because of a small, isolated wetland on the property. The applicant is proposing a single-family dwelling and sub surface sewage disposal system on the property. Mr. Cummings identified the existing property boundaries depicting both the 100’ and 50’ buffer zones as well as the isolated wetland.
Discussion: Mr. Cummings advised that there are a couple of catch basins on Woodlock Road that drain through the easement, collects on the lot and created the isolated wetland. The Chairman asked if there would be any grade changes, per Mr. Cummings there will be only minimal grading for the driveway and the garage. The Chairman asked if there was a need for any TitleV/sewerage or zoning variances, per Mr. Cummings none are needed.
The Conservation Agent advised that the wetlands are small and the Conservation staff concurs with the wetland delineation.
The Chairman opened the hearing to the public. One abutter advised that the small wetland overflows now into their property and is concerned that with removal of trees in that area will increase the overflow onto their property. Mr. Cummings is willing to discuss remediation with his client to improve the abutters concern(s). Several other abutters were present to review the plans. The Chairman closed the hearing to the public.
Motion: Commissioner Harvey motioned to close the hearing and issue an order of conditions.
Second: Commissioner Berry In Favor: All Opposed: None
3. 240, 242, 244, 246 Lazell Street and 120 South Pleasant Street – DEP SE 34 0986
Applicant: James Robichaud, South Pleasant Street Realty Trust / Rep.: Gary James, James Engineering
Commissioner Nielsen rejoined the meeting
Presentation: The applicant is proposing the construction of 5 houses in a 3 phase process. The house at 120 South Pleasant Street is an existing residence which has been moved and rotated with a new driveway. The septic repair associated with that residence is complete as well. They are proposing 2 common driveways on Lazell Street to service the other 4 houses. All 5 residences are outside of the buffer zone. The only portion of the proposed project falling within the buffer zone is a small portion of a swimming pool and land grading, which includes retaining walls and storm water management structures at the driveways on Lazell Street. They are proposing 6 rain gardens, and 2 bio-retention cells. The driveways are proposed at 25 feet wide.
Discussion: The Chairman asked if the driveways have been approved by the Planning Board. Per Mr. James, they have. The Chairman asked if the existing driveway at 120 South Pleasant Street will be rerouted to one of the proposed shared driveway. Per Mr. James, that is correct. The Chairman asked how much soil will need to be removed; 10,000-12,000 cubic yards with an additional 18,000 coming off the top of the ridge. The project, as a whole, will remove approximately 30,000 cubic yards. Will there be any blasting? No. Will the material be taken off site? Yes. Will they be re-vegetating? Yes.
The Conservation Agent advised that a peer review was done and a report was submitted by Paul Brogna. His report to the Commission was discussed and disclosed several items where additional information is requested.
Commissioner Nielsen asked how the rain gardens and bio-retention cells will be maintained. Per Mr. James there will be a maintenance plan written into the association documents.
The Chairman opened the hearing to the public. Several abutters were present; Attorney Adam Brodsky representing a group of abutters was present and submitted a report done by their consultants. They have several questions that they would like reviewed by Mr. James and the applicant and indicated their desire to work with Mr. Brogna, Mr. James and the applicant to resolve any questions &/or concerns. A second abutter was present and opposes the project. A third abutter was present and offered his concern regarding the draining structure and the possibility of adding “backup” systems should the system, as designed, fail. The Chairman closed the hearing to the public.
Mr. James requested a continuance to the 2/9/09 meeting.
Motion: Commissioner Babin motioned to continue the hearing to 2/9/09
Second: Commissioner Nielsen In Favor: All Opposed: None
4. 274 South Street – South Shore Country Club – DEP SE 34 0987
Applicant: Town of Hingham / Representative: Rod Gaskell, SITEC Environmental, Inc.
Presentation: The proposal is for an operation & maintenance plan for the golf course on a 155-acre parcel with complex historical land use. The plan involves four major areas.
• Mowing
• Maintain channel flow capacity
• Fertilization and Pest management
• Irrigation
The only work proposed in a resource area is phragmites removal near the driving range. The golf course management will leave a twenty-foot, un-mowed, naturally vegetated buffer to all wetlands. They are requesting that no markers or monuments be required to delineate mowing areas; as they are disruptive to maintenance as well as playing the course.
Discussion: Commissioner Grafton asked about grass clippings and how they would be removed. They are no longer dumping in the woods they are spreading it in the rough and mulching it into the lawn. The Chairman asked if any other work is proposed per Rod Gaskell and the applicant, no other work is being proposed.
The Chairman opened the hearing to the public. None. The Chairman closed the hearing to the public.
Motion: Commissioner Babin motioned to close the hearing and issue a maintenance order of conditions.
Second: Commissioner Grafton In Favor: All Opposed: None
5. Hingham Harbor – Maintenance Dredging/Harbor Improvements – DEP SE 34 0988
Applicant: Town of Hingham / Representative: Carlos Pena, CLE Engineering, Inc., Kevin Mooney, DCR
Presentation: Mr. Pena presented the plans to do maintenance dredging of the harbor. The recommendations made by the Dept of Marine Fisheries concerning the use of an “environmental bucket” and the use of turbidity curtains have been discussed. Mr. Pena and Mr. Mooney stated that the “environmental bucket” and turbidity curtains have the potential to cause more problems than they solve considering the coastal conditions of the Hingham Harbor, so the Conservation Commission will not included them in the Order of Conditions..
The Chairman opened the hearing to the public. One member was present and wanted to know if the area being dredged is the same area that was dredged the last 2 times. Per Mr. Mooney, it is. It does not include the channel as that is under Federal jurisdiction. Nick Amdur, a committee member of the Hingham Harbor Development Committee (HHDC) was present and offers support for the HDC for this project. Alan Perrault, a committee member of the HHDC pointed out that the dredging of the harbor is a phased project and that the use of the “environmental bucket” and turbidity curtain would cause more siltation than they would control. The Chairman closed the hearing to the public.
Motion: Commissioner Babin motioned to close the hearing and issue an order of conditions.
Second: Commissioner Nielsen In Favor: All Opposed: None
Request for Extension
1. Dennis Road – DEP SE 34 0822 Applicant: Michael Ferrara / Representative Attorney Robert Barret
Discussion: There is still a proposed Conservation Restriction on a portion of this property that has not been implemented.
Motion: Commissioner Grafton motioned to extend the OOC for one year.
Second: Commissioner Berry In Favor: All Opposed: None
Certificates of Compliance
None
Request for Determination of Applicability
None
Abbreviated Notice of Intent
None
Determination of Applicability
None
Order of Conditions
None
General Discussion
None
Order of Resource Area Delineation
None
Meeting Adjourned at 10:37 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 1/26/09.