HINGHAM CONSERVATION COMMISSION
May 18, 2009 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Present: Samuel Chapin, Chairman, Eugene Babin, Vice-Chairman, Charles Berry, Doug Harvey, William Grafton and Carolyn Nielsen
Absent: None
CONSERVATION AGENDA
7:00 PM
Old/New Business
Approve Draft Minutes - 3/9/09, 4/6/09, 4/27/09, 5/4/09, 5/4/09 Executive Session
7 Howard Road – DEP SE 34 0997 – Update
7:15 PM
Requests for Determination of Applicability
None
7:30 PM
Notices of Intent
Seal Cove Road – NO DEP number or comments as of 5/14/09
Applicants: Seal Cove Beach Association / Representative: Rod Gaskell, SITEC Environmental
29 Bel Air Road – DEP SE 34 0993 - Continuance
Applicant: Robert Sullivan / Representative: Paul Mirabito – Ross Engineering Company, Inc.
*Note: Applicant’s representative requested via email on 5/14/09 another continuance to 6/15/09.*
23 Bel Air Road – DEP SE 34 0996 - Continuance
Applicant: Michael Shaughnessy / Representative: Paul Mirabito – Ross Engineering Company, Inc.
*Note: Applicant’s representative requested via email on 5/14/09 another continuance to 6/15/09.*
1 Pine Crest Road – DEP SE 34 0998 - Continuance
Applicant: Lawrence Gilbert / Representative: Michael Joyce - Cavanaro Consulting
Note: Applicant’s representative requested via letter on 5/12/09 another continuance to 6/15/09.
Request for Extension of Order of Conditions
27 Cushing Street – DEP 34 0859
Applicant: John Million
Orders of Conditions
240, 242, 244, 246 Lazell St. and 120 South Pleasant Street – DEP SE 34 0986
Applicant: James Robichaud, South Pleasant Street Realty Trust / Rep.: Gary James, James Engineering
Certificates of Compliance
74 Charles Street – DEP 34 0832
Applicant: Josiah Hatch / Representative: Carmen Hudson - Cavanaro Consulting
21 Pioneer Road – DEP SE 34 0978
Applicants: Ken and Prudy Allen
Old/New Business
1. Commission came to order at 7:05 p.m.
2. Approve Draft Minutes - 3/9/09, 4/6/09, 4/27/09, 5/4/09, 5/4/09 Executive Session
Discussion of draft minutes.
Motion: Commissioner Babin motioned to approve the draft minutes of 3/9/09 as amended.
Second: Commissioner Harvey In Favor: All Opposed: None
Commissioner Chapin was not present at the 3/9/09 and did not vote.
Motion: Commissioner Berry motioned to approve the draft minutes of 4/6/09 and 4/27/09 as amended.
Second: Commissioner Babin In Favor: All Opposed: None
Motion: Commissioner Babin motioned to approve the draft minutes of 5/4/09 and the Executive Session as amended.
Second: Commissioner Grafton In Favor: All Opposed: None
3. Update – 7 Howard Road DEP SE 34 0997
• Commissioner Chapin noted that the applicant’s attorney has filed for an appeal the DEP. The attorney stated that the Commission failed to act within the statuary 21 days. The DEP has accepted the appeal.
• Commissioner Chapin wrote a letter to the DEP on behalf of the Commission noting that the Commission did vote within the 21 days and included a copy of the 21-day Waiver that came in with the NOI application.
• The Conservation Office received notification today that there will be a site visit with the DEP on June 4, 2009 at 2:30 a.m. This is presumed to be a typographical error and the site visit is actually scheduled for 2:30 p.m.
• The Conservation Officer noted that correspondence was rec’d in the office today by Doone Williams, dealing with the ownership of the property.
• Commissioner Nielsen noticed during her site visit that large paving stones have been dropped onto the salt marsh. This is prime growing season for the grasses. There has also been a report of a platform built along the shore, presumably in anticipation of building the dock. The Conservation Officer will review the current construction and check with the Building Department and revisit the site.
• Several abutters were present and wanted to know if they could attend the June 4, 2009 DEP site visit. The Conservation Office noted that usually this site visit is not open to the public unless the applicant allows it. The abutters could call the DEP representative noted on the correspondence.
Commission Chapin read the usual information dealing with filings and public hearings.
Commissioner Chapin noted that the following filings have requested continuances to the June 15, 2009 meeting to those present in the audience.
29 Bel Air Road – DEP SE 34 0993 - Continuance
Applicant: Robert Sullivan / Representative: Paul Mirabito – Ross Engineering Company, Inc.
23 Bel Air Road – DEP SE 34 0996 - Continuance
Applicant: Michael Shaughnessy / Representative: Paul Mirabito – Ross Engineering Company, Inc.
1 Pine Crest Road – DEP SE 34 0998 - Continuance
Applicant: Lawrence Gilbert / Representative: Michael Joyce - Cavanaro Consulting
Motion: Commissioner Babin motioned to accept the requests for continuances for 23 and 29 Bel Air Road and
1 Pinecrest Road to June 15, 2009.
Second: Commissioner Berry In Favor: All Opposed: None
Request for Extension to Order of Conditions
27 Cushing Street – DEP 34 0859
Applicant: John Million
The Conservation Officer reviewed the home addition project for those Commissioners who were not familiar with it. Due to the economy the applicant is asking for a 1-year extension.
Motion: Commissioner Berry motioned to issue in favor a one-year extension for 27 Cushing Street.
Second: Commissioner Babin In Favor: All Opposed: None
Request for Certificates of Compliance
74 Charles Street – DEP 34 0832
Applicant: Josiah Hatch / Representative: Carmen Hudson - Cavanaro Consulting
The Conservation Officer noted that on his recent site visit with the As Built Plan, Condition #20 in the OOC’s has not been met which is the removal of a shed near the wetlands.
Motion: Commissioner Grafton motioned not to issue a Certificate of Compliance for 74 Charles Street.
Second: Commissioner Babin In Favor: All Opposed: None
21 Pioneer Road – DEP SE 34 0978
Applicants: Ken and Prudy Allen
The Conservation Officer noted on his recent site visit that loam and seeding have not taken place yet with the deck addition.
Motion: Commissioner Berry motioned to issue a Certificate of Compliance for 21 Pioneer Road once the loam has been placed and the grass seeding has taken hold with the Conservation Officer redoing a site visit. The Conservation Officer will notify the applicants.
Second: Commissioner Harvey In Favor: All Opposed: None
Commissioner Chapin read the usual information regarding NOI’s.
Notices of Intent
Seal Cove Road – No DEP Number or comments as of 5/18/09
Applicants: Seal Cove Beach Association / Representative: Rod Gaskell, SITEC Environmental
Presentation by Rod Gaskell:
Seal Cove Beach Association proposes on the easement of Seal Cove Beach:
• Easement runs across two properties, Flint and Vroom/Wagner
• Easement was accurately located with a survey
• Reconstruction of an existing informal boulder rip-rap along the eroding edge of an existing bank – The Vroom/Wagner side (Flint side of groin is tied and already has permit from Conservation)
• Place of granite steps for safety and to make the beach more passable, will be placed on gravel, integrated into natural stone
• Annual Beach nourishment with compatible beach sand
• Beach is stable, contained by two groins, not a velocity zone
• Turf lawn edge is eroding due to foot traffic and ocean
• Lawn backfill planting specifications handed out to Commission
Discussion/questions from the Commission dealing with
• Has the beach received nourishment in the past? (Not with the benefit of a permit)
• Discussion of interpretation of language in the easement as to what is maintenance and does the Association have the right to do this? (Commissioner Babin does not agree with the interpretation of maintenance being given tonight in the presentation)
• Is Seal Cove Beach Association a legal entity (Yes)
• Do all members in the association agree with the project and where there any objections? (No objections)
• Discussion dealing with wave action and storms
• Discussion of impact on the salt marsh and where will the sand go?
• What is the impact of the sand migration to the shellfish and marsh
The Conservation Officer noted that he is comfortable in issuing an order that can protect the interest of the Wetlands Act and Bylaw.
Commissioner Chapin asked the property owners if they supported the application. Mr. Vroom and Mr. Flint answered in the affirmative. Commissioner Chapin opened the hearing to the public.
Christina Erickson – abutter – Noted that it is very dangerous to get down to the beach. This is a way to make it more accessible and safe.
John Roche – Seal Cove Beach Association President
• Association consists of 14 members that are property owners
• All property owners support this NOI
• No members of the Association were against the project
• All members have paid the special assessment fees
Commissioner Chapin once again asked the public if anyone wishes to speak against the proposed project? None.
Commissioner Chapin closed the hearing to the public.
Commissioner Chapin noted that the project does not yet have a DEP number or comments as of tonight.
Commissioner Nielsen would like to see something in the order dealing with an annual review/status report dealing with the beach nourishment and how it is working out and would allow the Commission to check on conditions and change if necessary the beach nourishment in the future years remaining of the order.
Motion: Commissioner Berry motioned to issue an Order of Conditions for Seal Cove Road pending receipt of DEP number and comments with a Special Condition noting an annual report and check on conditions regarding the beach nourishment and changes if needed by the Commission for future nourishment needs during the life of the Order.
Second: Commissioner Grafton
In Favor: Commissioners Berry, Harvey, Grafton, Nielsen Opposed: Commissioner Babin
Orders of Conditions
1. 240, 242, 244, 246 Lazell St. and 120 South Pleasant Street – DEP SE 34 0986
Applicant: James Robichaud, South Pleasant Street Realty Trust / Rep.: Gary James, James Engineering
• Conservation Officer reviewed the draft order
• Discussion amongst the Commissioners
Motion: Commissioner Babin motioned to issue an Order of Conditions 240, 242, 244, 246 Lazell St. and 120 South Pleasant Street.
Second: Commissioner Grafton In Favor: All Opposed: None
The Conservation Officer thanked Commissioner Chapin for his work on the Conservation Commission as a member and Chair.
Meeting Adjourned at 9:15 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 6/1/09.