HINGHAM CONSERVATION COMMISSION
April 27, 2009 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
6:00 PM
Requests for Determination of Applicability
149 Prospect Street
Applicant: Peter Cavallo
Notices of Intent
1100 – 1112 Main Street – No DEP number or comments as of 4/23/09
Applicant: Michael Teller - Congregation Sha'aray Board Of Trustees / Representative: Michele Simoneaux
Order of Resource Area Delineation
100 Beal Street – DEP 34 0991
Applicant: Hingham Housing Authority / Representative: Steve Ivas, Ivas Environmental
Extension Permit for Order of Conditions
31 Bel Air Road – DEP 34 0848
Applicants: James and Helene Feeley
Orders of Conditions
7 Howard Road – DEP SE 34 0997
Applicant: Michael Garrity / Representative: Charles Natale, ESS Group, Inc.
Discussion
Draft Open Space and Recreation Plan 2009 – 2014
Town Meeting Articles
Commissioner Chapin read the usual information about filings and public hearings.
Request for Determination of Applicability
149 Prospect Street - Applicant: Peter Cavallo
Presentation/Discussion: Applicant not present. The Conservation Officer noted that the applicant would like to place one sonotube for a proposed column placement, which is in the Conservation Commission jurisdiction. The Conservation Officer concurs with the wetlands noted on the drawing and also suggests a condition that the applicant abandons the piece of lawn located in the wetlands and cease the mowing and maintenance of this area. If the applicant wishes to keep this lawn area, he must file a Notice of Intent with the Conservation Commission.
The Chairman opened the hearing to the public. No comments. The Chairman closed the hearing to the public.
Motion: Commissioner Babin motioned to approve a Negative Determination with conditions.
Second: Commissioner Nielsen In Favor: All Opposed: None
Notices of Intent
1100 – 1112 Main Street – No DEP number or comments as of 4/27/09
Applicant: Michael Teller - Congregation Sha'aray Board Of Trustees / Representative: Michele Simoneaux
Presentation: Proposal presented by Michele Simoneaux (Representative) to construct a 3,066 sq. foot children’s play ground in the rear of the existing temple since they are opening up a daycare. The playground design conforms to the National Playground Safety Institute standards for safety. A few trees will come down and erosion controls (wattles or coir logs) will be used. There is a 236 square foot area for the proposed playground that is within the 50-foot buffer zone that is currently lawn.
Discussion: The Conservation Officer concurs with the delineation of the wetlands line and noted that the site is flat with no impervious cover proposed. It is suggested that as a special condition that the applicant submit a remediation planting plan to the Hingham Conservation staff for the area adjacent to the proposed work in the 50’ Buffer to Bordering Vegetated Wetlands for approval before construction.
A question from the Commission was what percentage of the project is in the 50-foot buffer zone. It is estimated that 7% is. Commissioner Nielsen also suggested that the daycare center take the opportunity to teach the students about the outdoors and wetlands.
The Chairman opened the hearing to the public. No comments. The Chairman closed the hearing to the public.
Motion: Commissioner Nielsen motioned to close the hearing. No Order of Conditions can be issued until receipt of the DEP number and comments.
Second: Commissioner Barry In Favor: All Opposed: None
Order of Resource Area Delineation
100 Beal Street – DEP 34 0991
Applicant: Hingham Housing Authority / Representative: Steve Ivas, Ivas Environmental
Paperwork signed by the Commission.
Extension Permit for Order of Conditions
31 Bel Air Road – DEP 34 0848
Applicants: James and Helene Feeley
Paperwork signed by the Commission.
Orders of Conditions
Orders of Conditions
7 Howard Road – DEP SE 34 0997
Applicant: Michael Garrity / Representative: Charles Natale, ESS Group, Inc.
Commissioner Chapin noted:
• The hearing on this application was closed on 4/6/09 so there can be no further public comment.
• The Conservation Commission did not take a vote on whether to issue an Order of Conditions on 4/6/09
• Several pieces of written correspondence on the application have come into the Conservation Office to the Commission from residents, abutters and the Hingham Harbor Development Committee
Discussion:
Commissioner Chapin took the opportunity to visit the site at low tide and noted that a pier of that proposed size would have a negative impact on the waterways.
Commissioner Nielsen went to the site at low tide and looked at the land at North Beach and what the magnitude of the impact this project would have and this elevated her concern. She performed an exercise with the regulations and bylaw to determine what protected interests would be impacted by the proposed project.
Commissioner Berry visited the beach and said that a project of this size would create a hazard for small sailboats and also diminish the public’s right to enjoy the recreational activities of North Beach. It would also be hard for small craft to negotiate the site with the proposed pier.
Commissioner Grafton did not visit the site, however he has concerns how the proposed pier would impact the shellfish habitat.
Commissioner Chapin explained about the appeal process.
a
Motion: Commissioner Babin motioned to issue Orders of Conditions approving the project.
Second: Commissioner Grafton In Favor: None Opposed: All
The Chair also voted nay stating that although he generally does not vote, he felt strongly about the matter and wanted to be on record as voting nay.
Discussion
Draft Open Space and Recreation Plan 2009 – 2014
There being some confusion as to whether a vote was previously taken formally to endorse the Open Space and Recreation Plan 2009 – 2014, a motion was made, seconded, and approved unanimously to endorse the Plan.
Town Meeting Articles
There was a discussion of conservation-related articles in the Town Meeting.
Meeting Adjourned at 10:37 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on May 18, 2009.