HINGHAM CONSERVATION COMMISSION
May 4, 2009 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Present: Samuel Chapin, Chairman, Eugene Babin, Vice-Chairman, (7:15 p.m. arrival), Carolyn Nielsen,
Bill Grafton, Charles Berry
Absent: Doug Harvey
CONSERVATION AGENDA
May 4, 2009
7:00 PM
Old/New Business
Approve Draft Minutes - 3/9/09, 4/6/09, 4/27/09
Selection of Conservation Commission meeting dates – July – December 2009
7:15 PM
Requests for Determination of Applicability
7 Burr Street
Applicant: Michael Aylward
7:30 PM
Notices of Intent
54 Whiting Street – DEP SE 34 1000
Applicant: Jonathan Beale / Representative: Brad Holmes – Environmental Consulting & Restoration, LLC
23 Chamberlain Run – DEP SE 34 1002
Applicant: William Fideli / Representative: Neil J. Murphy, Neil J. Murphy Associates, Inc.
240, 242, 244, 246 Lazell St. and 120 South Pleasant Street – DEP SE 34 0986 - Continuance
Applicant: James Robichaud, South Pleasant Street Realty Trust / Rep.: Gary James, James Engineering
23 Bel Air Road – DEP SE 34 0996 - Continuance
Applicant: Michael Shaughnessy / Representative: Paul Mirabito – Ross Engineering Company, Inc.
NOTE: Applicant’s Representative requested a continuance till May 18, 2009.
29 Bel Air Road – DEP SE 34 0993 - Continuance
Applicant: Robert Sullivan / Representative: Paul Mirabito – Ross Engineering Company, Inc.
NOTE: Applicant’s Representative requested a continuance till May 18, 2009.
Request for Extension of Order of Conditions
Canterbury Village Development – DEP SE 34 0860
Applicant: Robert Meshel, Managing Member / Representative: Gregory Morse, McKenzie Engineering
Orders of Conditions - None
Certificates of Compliance - None
Executive Session
Old/New Business
1. Commission came to order at 7:05 p.m.
2. Congratulations to Commissioner Grafton for completing MACC’s Fundamentals for Conservation Commissioners Training Courses
3. Approve Draft Minutes - 3/9/09, 4/6/09, 4/27/09
The draft minutes are tabled until the next Conservation meeting of 5/18/09 since all of the Commissioners did not have the opportunity to review draft minutes.
4. Selection of Conservation Commission Meeting Dates for July-December 2009
On June 29, 2009 a Conservation Commission meeting will be held. Originally this meeting was noted as provisional.
July 13, 27, August 10, 24, September 14, 28, October 19, Nov. 2, 16, 30, December 14, 28.
5. Commissioner Chapin announced that his last Conservation meeting would be 5/18/09.
6. Open Space and Recreation Draft for Public Comment
Commissioner Chapin asked the Commission if they would like to endorse the draft 2009-20014 Open Space and Draft Plan for submission to internal departments for public comment and external agencies for review.
Motion: Commissioner Grafton motioned to endorse the Open Space and Recreation Draft Plan 2009-2014.
Second: Commissioner Nielsen In Favor: All Opposed: None
Commission Chapin read the usual information dealing with filings and public hearings.
Request for Determination of Applicability
7 Burr Street
Applicant/Representative: Michael Aylward
Presentation: Applicant wishes to build a 12 x 16 foot deck on sonotubes on the rear of the home. Presentation plans were septic system design plans from 4 years ago, which is when the wetlands were delineated by Paul Shea. The closest that the deck comes to the wetlands is 45 feet.
Commissioner Chapin noted that it appears in his opinion that the deck is in within the 50-foot no-build zone according to the bylaws, and it appears to be subject to the bylaw which was passed last year.
The Conservation Officer noted that the RDA process was suggested to Mr. Aylward because if the consensus of the Commission is that he can’t do anything in this area, this would be the most inexpensive way for him to find that out. The previous owner went through an exhaustive review for permission to build a heated living space to the right of the house with an addition to the back. After numerous reviews the previous owner’s request was denied. The only place on the property that you could build and stay in compliance with the bylaw is to the left of the home on the driveway which now contains the septic system.
Commissioner Babin noted that an NOI would be in order; however the applicant should realize that it may not be permittable.
Commissioner Berry noted that the bylaw is designed to prohibit any further encroachment in the buffer zone.
Suggestions of other placements were discussed such as the other side of the bulk head.
Commissioner Chapin opened the hearing to the public. None. Commissioner Chapin closed the hearing to the public.
Motion: Commissioner Babin motioned to issue a Positive Determination for 7 Burr Street.
Second: Commissioner Nielsen In Favor: All Opposed: None
Notices of Intent
54 Whiting Street – DEP SE 34 1000
Applicant: Jonathan Beale / Representative: Brad Holmes – Environmental Consulting & Restoration
Commissioner Babin recused himself from this hearing.
Presentation:
Mr. Holmes noted the application is for proposed vegetation management and landscape improvements and proposed restoration activities at 54 Whiting Street. The home abuts Accord Brook, which is a perennial stream, so the entire site is in the 200 foot riverfront area. There is wooded BVW at the edge of the existing lawn; a majority of the lot is within the buffer zone. The applicant was in the process of doing some tree and shrub cutting and removal within the BVW. A call came into the Conservation Office reporting the unpermitted activities.
The proposed project is to restore/mitigate the unpermitted BVW alterations with a vegetation management and landscape plan. Property hasn’t been maintained in a long time, wetland is encroaching into the landscape lawn.
Vegetation Management will include cutting brush that is overhanging into the back yard and dead limbs will be pruned and thinned.
Landscape improvements will be:
• to create landscape beds around the house with natural mulch and plant native and non native plants (which are not invasive).
• Proposed walkways will be installed using pervious materials.
• Rehabilitation of the lawn using a seed mix that is drought tolerant.
• Plant a row of native trees along Whiting Street (Route 53) as a screen to the street which will also improve the buffer zone.
• Installation of a fence to protect the proposed trees against salt spray and snow plows.
• Repaving of the existing driveway.
• Replacement of the shed to double in size from 48 square feet to 96 square feet
• Restore 1,050 sq. feet of wetland that was cut, with no excavation activities. The herbaceous layer is still intact
• Cut the stumps flush, prune and clean sweet pepper bush.
• Plant 27 trees and shrubs as replacement for the plants lost.
Installation of a silt fence will be done prior to the installation of the loam.
Discussion:
Commission asked for a listing of the type of trees and shrubs that would be planted. Commission discussed the concern of doubling the size of the shed and what could be stored in it due to the proximity of Accord Brook being a protected surface water supply. Suggestion is to relocate the shed if the applicant wishes a bigger shed outside of the 50-foot zone, or make do with the current footprint, as an expanded shed in the current location could not be permitted.
The Conservation Officer noted that this is a very complete way of addressing the infraction.
Commissioner Chapin opened the hearing to the public. No comments. Commissioner Chapin closed the hearing to the public.
Motion: Commissioner Grafton motioned to close the hearing and issue an Order of Conditions with special conditions addressing the types of materials may be stored in the shed.
Second: Commissioner Berry In Favor: All Opposed: None
Commission Babin is back.
23 Chamberlain Run – DEP SE 34 1002
Applicant: William Fideli / Representative: Scott Arnold, Neil J. Murphy Associates, Inc.; Sean Papich, Landscape Architect; and John Spinx
Presentation: Scott Arnold discussed the proposed construction of an addition to a single-family residence including driveway relocation, landscaping and hardscaping, installation of geo-thermal and irrigation well systems, re-grading and mitigation planting areas. Entire lot falls within the riverfront of the Weir River. John Richardson delineated the wetlands. There is an existing in-ground pool and much of the back yard down to the bank of the river is existing lawn. House was built in the early 1970’s so all this work had predated the regulations for the riverfront area. Existing dwelling has a garage (under) and driveway on the easterly side. Lot consists of 2.4 acres of land.
Proposed addition is on the easterly side – 18 x 32 – it is a 3 car garage under, and must relocate the driveway on the easterly side as well and cutting the grade down about 3-4 feet. There is 100 year flood plain at elevation 24.3., Existing grade in the rear yard is 24-25. The grade will be cut about three feet for the driveway. Applicant is proposing some grading of the lawn area behind the home to achieve positive drainage away from the driveway.
Proposed project adds 2400 sq. feet of impervious surface to the site so applicant will mitigate with over 4800 sq. feet of plantings of native species.
Sean Papich Presentation:
• Take existing stone wall and move it and stack it a different way, leave opening in it, remove invasive vegetation – (bittersweet, Norway Maple, honeysuckle etc.) along the bank
• Within the Buffer Zone, proposing impervious at the existing deck location, expand into the lawn area, and add a field stone wall and a fire pit - approximately 240 square feet.
• Remove all invasive plant material and replace with a native seed mix ground cover and wild flowers, and increase wildlife habitat restoration for migratory birds – increase food and nesting sources, (chokeberry, high bush blueberry).
• Proposing improving the stepping stone area using blue and field stone.
• At the edge of the Buffer Zone where there is lawn behind the fence of the pool, proposing to do screening with eastern red cedar, balsam fir and removal of lawn – 1700 square foot of lawn.
• Proposing an orchard, Christmas trees, and a vegetable garden
• Cedar fence needs replacing in certain areas, will replace and allow openings for wildlife traffic
• Remove Norway maples, cherry trees, clean up and prune; if find native species will leave them
Discussion:
Commissioner Chapin asked that the swale be pointed out on the plans. An observation that he noted is that the amount of flood plain will increase on the property.
Question from the Commission regarding the water company easement on the property and if any structures or work will be in that area? No per Mr. Fideli.
Question regarding the location of the septic from Commissioner Grafton. Applicant noted that he is working with the Board of Health on a new location. Commissioner Chapin noted that septic work must be shown to the Commission and approved by the Commission. There is no mention of work on the septic system in the NOI.
Jim Coffer from Shoreline Builders noted that they proposing to install a replacement septic tank because currently the tank is in an area where building is proposed. Commission Chapin would like to see the plans to make sure the work is protective of the resource areas. This needs to be part of the file.
Conservation Officer concurs with the delineation. The current plants do not provide food for wildlife. This planting plan will remove the invasives along the riverbank and broaden the spectrum of plants that we will see out there. It will provide more flood storage, which is always a plus in a watershed area. The grass swale is very robust and will filter drainage. Everything presented is an enhancement to the site. The Conservation Officer made the recommendation to close, to the Commission.
One request that the Commission will make is to remove two fallen trees in the river. One fallen tree is blocking the flow of the river. Would the owner allow the town to bring in a truck to remove them? They are impeding the flow and the herring can’t get upstream. Mr. Fideli is in agreement to this.
Commissioner Chapin opened the hearing to the public. No comments. Commissioner Chapin closed the hearing to the public.
Motion: Commissioner Babin motioned to close the hearing and issue an Order upon receipt of the septic plans and upgrades with the Board of Health’s approval and with the Conservation Officers approval.
Second: Commissioner Berry In Favor: All Opposed: None
240, 242, 244, 246 Lazell St. and 120 South Pleasant Street – DEP SE 34 0986 - Continuance
Applicant: James Robichaud, South Pleasant Street Realty Trust / Rep.: Gary James, James Engineering
Presentation:
Gary James noted that some revisions will be needed in the SWPP plan:
All the gravel will be removed in one continuous operation, the site will be stabilized and the homes will be built based on the economy. Amount of earth removal will be 8600 cubic yards. 4500 will be moved to lot five to establish grades. 12,000 will remain on site. The application is still in front of the Zoning Board of Appeals. Question: Can the Zoning/Planning Board change these numbers? No: per Mr. James.
The Conservation Officer noted that he had a conversation with Mr. Brogna today, (5/4/09) and feels many of the issues raised in the correspondence from Barbara Thissell, PE (dated 4/29/09) and Attorney Brodsky (dated 4/29/09) can be conditioned in the Order; along with updates to the Operation and Maintenance document and easements on common ownership and updates to the SWPP plan. It should also be noted that the Conservation staff shall be monitoring the project.
Discussion from the Commission:
Could the project post a bond to ensure that the work is done and the project is completed? The Conservation Officer noted that in the past, the Commission has asked applicants to post bonds. However this applicant, Mr. Robichaud does not have the type of reputation in town that would indicate the need for a bond. The Conservation staff shall be monitoring the project and can stop a project if necessary.
The Conservation Officer noted that the project must have erosion controls in place and checked before the project starts. As the project is monitored, if needed, the Town could step in and spend town funds to do some work and put a lien on the property if the developer went bankrupt.
Commissioner Chapin opened the hearing to the public.
Barbara Thissell addressed her letter of April 28, 2009 to the Commission addressing 39 items. Chairman Chapin interrupted her numerous times to clarify the issues raised and to ask Mr. James to respond to specific issues. Ms Thissell:
• Noted that the SWPP Plan and the Operation and Maintenance still needs updating.
• Discussion if doing single or horizontal cuts – Mr. James explained that the modeling for the earth removal volumes was performed based on contours - a “horizontal” modeling .
• Question on the peak of the hill and how much is being taken.
• Still a lot of ambiguities in the information presented.
Commissioner Chapin noted that the level of assurance that you are looking for may not be available and it may not be doable and realistic. Some of these issues are dealing with construction and post construction. The Conservation Officer noted that the Commission does not design projects.
Commission Chapin opened the hearing to the public.
Dan Holland – would like to have the project get a bond. The Commission noted that this is rarely required and there are sufficient checks and balances with other agencies in Town as the project progresses. The Conservation Officer noted that each home could have individual Certificates of Compliance.
Ann Healy – 209 Lazell St. – Concerned with surface water and septic systems malfunctioning and the town will not be able to do anything. She maintains that Fulling Mill is becoming wetter and wetter and she is losing ground on her property.
Steve Baker raised concerns about the backside of the hill by his property and what will it look like. He is also concerned with water and sewage.
Barbara Thissell would like the opportunity to review the order with the abutters and make revisions, additions, etc. Commission Chapin noted that she should send in her suggestions next week to the Conservation Office.
Commissioner Chapin closed the hearing for public comment.
Motion: Commissioner Babin motioned to close the hearing.
Second: Commissioner Berry In Favor: All Opposed: None
Commissioner Chapin added that a vote on an Order of Conditions would be taken at the next Conservation meeting.
23 Bel Air Road – DEP SE 34 0996 - Continuance
Applicant: Michael Shaughnessy / Representative: Paul Mirabito – Ross Engineering Company, Inc.
Discussion:
Commissioner Chapin announced that the Applicant’s Representative requested a continuance till May 18, 2009.
Motion: Commissioner Babin motioned to continue the hearing till May 18, 2009.
Second: Commissioner Berry In Favor: All Opposed: None
29 Bel Air Road – DEP SE 34 0993 - Continuance
Applicant: Robert Sullivan / Representative: Paul Mirabito – Ross Engineering Company, Inc.
Discussion:
Commissioner Chapin announced that the Applicant’s Representative requested a continuance till May 18, 2009.
Motion: Commissioner Babin motioned to continue the hearing till May 18, 2009.
Second: Commissioner Berry In Favor: All Opposed: None
Request for Extension of Order of Conditions
Canterbury Village Development – DEP SE 34 0860
Applicant: Robert Meshel, Managing Member / Representative: Gregory Morse, McKenzie Engineering
Discussion: Mr. Meshel gave a history of the project and due to the economy wishes a three-year extension.
Motion: Commissioner Babin motioned to extend the Order of Conditions for Canterbury Village for three years.
Second: Commissioner Grafton In Favor: All Opposed: None
Meeting Adjourned at 9:50 p.m. to go into Executive Session. It is noted that Commission will come out only to adjourn.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on May 18, 2009.