HINGHAM CONSERVATION COMMISSION
June 29, 2009 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Present: Eugene Babin-Chair, Carolyn Nielsen-Vice Chair, Charles Berry, William Grafton, Scott McIsaac and Cliff Prentiss, Conservation Officer
Absent: Doug Harvey
CONSERVATION AGENDA
June 29, 2009
7:00 PM
Old/New Business
Approve Draft Minutes – 6/15/09
Discussion:
230 Ward Street – Site visit confirmed for Tues. 6/30/09 at 6:30 p.m. at location
Ratify Emergency Certification Order – Outer Causeway-World’s End Reservation
Ratify Enforcement Order – 7 Howard Road
7:15 PM
Requests for Determination
None
7:30 PM
Notices of Intent
11 Steamboat Lane – DEP SE 34 1006
Applicant: Don Devaney / Representative: Gregory Morse – McKenzie Engineering Group
20 Malcolm Street – DEP SE 34 1007
Applicant: Mary Richmond / Gary James – James Engineering
1 Pine Crest Road – DEP SE 34 0998 - Withdrawn
Applicant: Lawrence Gilbert / Representative: Michael Joyce - Cavanaro Consulting
NOTE: Application has been withdrawn without prejudice via letter on 06/23/09.
Orders of Conditions
29 Bel Air Road – DEP SE 34 0993
Applicant: Robert Sullivan / Representative: Paul Mirabito – Ross Engineering Company, Inc.
23 Bel Air Road – DEP SE 34 0996
Applicant: Michael Shaughnessy / Representative: Paul Mirabito – Ross Engineering Company
Certificates of Compliance
None
Old/New Business
1. Approve Draft Minutes – 6/15/09
Discussion of draft minutes
Motion: Commissioner Berry motioned to approve the draft minutes of 6/15/09 as amended.
Second: Commissioner Nielsen In Favor: All Opposed: None
2. 230 Ward Street – Site visit confirmed for Tues. 6/30/09 at 6:30 p.m. at location
3. Ratify Emergency Certification Order – Outer Causeway-World’s End Reservation
Discussion:
The Chair and Conservation Officer reviewed the Emergency Certification Order to remove a 4 x 8 eroding concrete box culvert and surrounding fill material to provide a stabilized channel and side slopes. A full filing will be following.
Motion: Commissioner Grafton motioned to ratify the Emergency Certification Order for the Outer casuseway at Worlds End.
Second: Commissioner McIsaac In Favor: All Opposed: None
4. Ratify Enforcement Order – 7 Howard Road
Discussion:
The Conservation Officer reviewed the Enforcement Order for the widening of the staircase on the coastal bank and a deck has been built on the revetment built without a Wetlands OOC or a building permit.
Motion: Commissioner Nielsen motioned to ratify the Enforcement Order for 7 Howard Road.
Second: Commissioner Berry In Favor: All Opposed: None
5. Ratify Enforcement Order – 15 Merrill Street
Discussion:
The Conservation Officer reviewed the Enforcement Order for the 15 Merrill Street for the construction of a timber deck and railings on the coastal bank and on the stone seawall without benefit of Wetlands and TOH Wetland Bylaw Permits which is blocking public access. The Conservation Office has received many calls on this.
Motion: Commissioner Nielsen motioned to ratify the Enforcement Order for 15 Merrill Street.
Second: Commissioner Grafton In Favor: All Opposed: None
6. 280 Ward Street under the TOH Wetlands Bylaw
The Conservation Officer noted that the Commission has been reordered by the Courts to rehear the above filing for
proposed construction of a single family dwelling. Suggestion is to have an engineer look at the filing and offer their comments.
6. USGS Real Time Water Data for Massachusetts
Discussion:
The Conservation Officer noted that due to budget reductions the MA Dept. of Conservation and Recreation will be reducing funds for the USGS stream gauging programs. The Weir River at Leavitt Street will be discontinued as of July 1, 2009.
Commissioner Babin read the usual information regarding filings.
Notices of Intent
11 Steamboat Lane – DEP SE 34 1006
Applicant: Don Devaney / Representative: Gregory Morse – McKenzie Engineering Group
Presentation:
• Proposed project involves demolishing an existing home and constructing a new single family home, carriage house, onsite upgraded septic system, new driveway, proposed pool, landscaping improvements and regrading of the lot
• Wetlands delineated in March 10, 2009 by Brad Holmes, Environmental Consulting and Restoration, LLC
• Resource Areas: Salt Marsh, Coastal Beach, BVW, Land Subject Coastal Storm Flowage-(FEMA Elevation 11 – Zone A3), 100 foot buffer zone to Top of Coastal Bank
• Proposed goal of the layout is to minimize the impact of the project to resource areas, and reduce impervious areas
• Imperious Surface area within the 100 foot buffer zone - currently 7542 sq feet, reduced with proposal to 6450 sq feet,
• Imperious Surface area within the 50 foot buffer zone – 3005 square feet, reducing to 1160 square feet
• Pulled the site as far south to avoid conflicts with setbacks and the resource areas
• Landscape design plan by ERG – all disturbed areas will be loamed and seeded, proposing plantings along the top of coastal bank within the buffer zone to help create more of a natural buffer and increasing vegetation
• Currently the site is lawn and disturbed area right up to the coastal bank
• Mitigation proposals – hay bales and silt fencing, removing an existing cesspool, removing garage and driveway and replacing with loam and seed, creating a better drainage flow
• Ongoing septic review with the Board of Health
Discussion:
• Assistant Conservation Officer has visited site, has some issues with the wetland and coastal bank delineation, (e.g.) some of the flagging was underwater
• Suggest a site visit with Brad Holmes, Conservation Officer and Assistant Conservation Officer
• There is a Benchmark mislabeled on the plans which needs to be revised
• Question regarding the privately owned boat ramp that has a Chapter 91 license
• Commissioner Nielsen questioned why the proposed Parking area is in the no build zone
o Location was chosen due to truck turning, already a cleared and disturbed area, proposal has reduced the impervious areas to 1160 square feet from 3005 square feet, hope the Commission would look favorably on this.
Commissioner Babin opened the hearing to the public
Mr. Reardon – 9 Steamboat Lane, also owns 7 Steamboat Lane
• Plan is driven by the location of the septic – trying to connect between the BOH and Conservations in regards to the landscape, grading, location and the design of the septic – has concerns of with proposed landscape plans and how the proposed project effects the views at 9 and 7 Steamboat.
• Has concerns with trucks coming down the lane and construction restrictions and techniques
• Commissioner Nielsen noted that she would like to see estimates of truck loads, and that the proposed plantings around the top of the coastal bank should be done with native species
• Commissioner Grafton noted that photos would also be helpful.
Commissioner Babin closed the hearing to the public.
Commissioner Grafton motioned to continue the hearing of 11 Steamboat Lane to July 13, 2009 with the applicant’s consent.
Motion: Second: Commissioner McIsaac In Favor: All Opposed: None
20 Malcolm Street – DEP SE 34 1007
Applicant: Mary Richmond / Gary James – James Engineering
Presentation:
• Proposed improvements to a lot located at the intersection of Malcolm Street and Parker Driveway
• Proposal is for the relocation of an existing sewer line that services 4 homes, and the addition of a manhole to allow for a new garage which will be ≈ 240 square feet larger, existing garage will be demolished
• Resource area: Top of coastal bank
• Sewer Department has accepted this proposed plan before the Commission, Sewer Department holds the easement.
Discussion: Conservation Officer
• Straightforward project
• Erosion controls will be needed.
Commissioner Babin opened the hearing to the public. None. Commissioner Babin closed the hearing to the public.
Commissioner McIsaac motioned to close the hearing for 20 Malcolm Street and to issue an Order of Conditions.
Motion: Second: Commissioner Berry In Favor: All Opposed: None
1 Pine Crest Road – DEP SE 34 0998 - Withdrawn
Applicant: Lawrence Gilbert / Representative: Michael Joyce - Cavanaro Consulting
Commissioner Babin noted that the applicant has withdrawn the NOI without prejudice.
Commissioner Nielsen motioned to accept the withdrawal without prejudice of the NOI for 1 Pine Crest Road.
Second: Commissioner Grafton In Favor: All Opposed: None
Orders of Conditions
23 Bel Air Road – DEP SE 34 0996
Applicant: Michael Shaughnessy / Representative: Paul Mirabito – Ross Engineering Company
Discussion:
Commissioner Babin asked if the Commissioners had the opportunity to review the Conservation staff’s recommendations for 23 Bel Air Road. The Conservation Officer noted that the Assistant Conservation Officer did a very thorough job. The conclusion is that the Hingham Conservation Commission deny the project.
Commissioner Nielsen noted that she did her own review and concurs with the Assistant Conservation’s review. It was an excellent job.
Commissioner Berry noted that she did a good job; covered the issues that were important.
Commissioner Babin accepted a motion from Commissioner Nielsen to direct the Conservation Staff to write an Order of Conditions for 23 Bel Air Road (DEP SE 34 0996) to allow the work to proceed.
Second: Commissioner Grafton In Favor: None Opposed: All
Commissioner Babin asked for a motion to deny the work proposed at 23 Bel Air Road (DEP SE 34 0996)
which was moved by Commissioner Berry.
Second: Commissioner Grafton In Favor: All Opposed: None
The Conservation Officer asked Commissioner Babin to clarify for the minutes that the denial was made under both regulations, Wetlands Protection Act and the Town of Hingham Wetlands Bylaw. Commissioner Babin concurred. The Commission is denying the project at 23 Bel Air Road because of the lack of compliance under the Hingham Bylaw and Wetlands Protection Act.
29 Bel Air Road – DEP SE 34 0993
Applicant: Robert Sullivan / Representative: Paul Mirabito – Ross Engineering Company, Inc.
Discussion:
The Commissioners noted that the same discussion is echoed for 29 Bel Air Road.
Commissioner Babin accepted a motion from Commissioner Berry to direct the Conservation Staff to write an Order of Conditions for 29 Bel Air Road (DEP SE 34 0993) to allow the work to proceed.
Second: Commissioner McIsaac In Favor: None Opposed: All
No additional discussion.
Commissioner Babin accepted a motion to deny the work proposed at 29 Bel Air Road (DEP SE 34 0993)
for lack of compliance with both the TOH Wetlands Protection Bylaw and the Wetlands Protection Act by Commissioner Nielsen.
Second: Commissioner Grafton In Favor: All Opposed: None
No additional discussion.
Meeting Adjourned at 8:30 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 7/13/09.