HINGHAM CONSERVATION COMMISSION
September 14, 2009 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Present: Eugene Babin, Chair, Carolyn Nielsen, Vice-Chair, Daniel Coughlin, Charles Berry, Scott McIsaac, and Cliff Prentiss, Conservation Officer
Absent: Doug Harvey, Robert Perry
Old/New Business
1. Approve 8/10/09 draft minutes
Discussion: Edits were discussed and noted. A copy of edits will be provided to the Conservation staff to make necessary changes and redistribute.
Motion: Commissioner Berry motioned to approve the 8/10/09 minutes as amended.
Second: Commissioner McIsaac In Favor: All Opposed: None
2. 15 Merrill Street
Discussion: The Chairman advised that the matter was with town counsel. The $100 per day penalty is being incurred until the railings are removed as indicated by the enforcement order. Mr. Hastings has filed the suit challenging the Commission’s jurisdiction. Copies of those documents are available for review at the office of the Conservation Commission.
3. 7 Howard Road - Garrity v. Hingham Conservation Commission –
Discussion: The Conservation Officer advised that this is in litigation. The DEP has issued a superseding OOC. Town Counsel is preparing the position of the Conservation Commission.
4. 6 Winfield Road – Dorothy Levin, Trustee – Gift of Land comprised solely of wetlands.
Motion: Commissioner Coughlin motioned to accept the gift of land.
Second: Commissioner Nielsen In Favor: All Opposed: None
5. Hunting Requests
Discussion: Four Hingham residents are requesting permission to bow hunt on land maintained by the Conservation Commission. Permission has been granted in past years.
The Conservation Officer advised that the residents interested in bow hunting have asked the Conservation office for permission as well as private land owners where applicable. The hunters are all licensed. The Conservation Officer, at a later meeting, will provide a detailed map of where the hunters plan to hunt and to what degree they will be permitted to hunt.
Commissioner Nielsen has some concern regarding public safety, proximity to houses as well as areas where there may be pedestrians. The Conservation Officer advised that there are restrictions in place for bow hunters regarding their proximity to homes etc.
The Chairman advised that this should be addressed with more specifics at a future meeting.
6. Weir River USGS Stream Gauge Draft Letter
Discussion: The Conservation Officer has drafted a letter and would like endorsement from the Conservation Commission. The Chairman endorsed the letter and authorized its submission.
7. CPC and Waste Water Committees
Discussion: Commissioner Coughlin has offered to be the Commissions liaison to the CPC. Commissioner Berry has offered to be the Commission’s liaison to the WWC.
Motion: Commissioner Nielsen motioned to approve Commissioner Coughlin’s appointment to be liaison to the CPC.
Second: Commissioner McIsaac In Favor: All Opposed: None
Motion: Commissioner Nielsen motioned to approve Commissioner Berry’s appointment to be liaison to the WWC.
Second: Commissioner McIsaac In Favor: All Opposed: None
8. Engineering Alternatives Analysis – Restoration of Foundry Pond – Phase II Permitting
Discussion: Phase II proposal was received and distributed. The Commission will review and discuss at the 9/28/09 meeting.
Requests for Determination of Applicability
1. 20 Harvard Drive – Applicant Steven Dansreau / Representative: Paul Mirabito – Ross Engineering
Presentation: Mr. Mirabito reviewed plans to repair the porch by pouring footings and concrete block. All the work will be done by hand. There is a seasonal brook that will be protected by hay bales. The footings will be down 4 feet. There is no poured concrete planned.
Discussion: The Chairman asked if there was an addition planned. Per Mr. Mirabito, there is no addition.
The Chairman opened the hearing to the public. None. The Chairman closed the hearing to the public.
Motion: Commissioner Berry motioned to issue a negative order of applicability
Second: Commissioner Coughlin In Favor: All Opposed: None
2. 8 Oak Road – Applicant Darrell Baker / Representative: Adrian Johnson
Presentation: Mr. Baker presented plans to renovate the kitchen that would include a 7 x 7 “squaring off” of the current home. This is the furthest corner of the house away from the wetlands but still within the 100’ buffer.
Discussion: The Chairman asked what the approximate distance is from the wetland. Per Mr. Baker it is approximately 85’.
The Conservation Officer concurred with the applicant’s statement of it being as far from the wetlands as possible and with it being such a small addition the office is in favor of the request.
Motion: Commissioner Nielsen motioned to issue a negative order of applicability.
Second: Commissioner McIsaac In Favor: All Opposed: None
3. 8 Winthrop Road – Applicant: Donald Whitney / Representative: Robert McGillicuddy – Engineering Technology
Presentation: Mr. Whitney presented their proposal to tear down their current garage and replace it with a new structure that includes a bedroom on the second level. It is within 200 feet of the river and there is also a seasonal brook on the property.
Discussion: Per the Conservation Officer the increase in footprint is minimal and the work will go towards the street. The site is flat and no likely run off concerns are present.
Motion: Commissioner McIsaac motioned to issue a negative order of applicability.
Second: Commissioner Nielsen In Favor: All Opposed: None
Notice of Intent
1. 9 Langlee Road- Applicant: John & Jennifer Sullivan / Representative: Steve Ivas – Ivas Environmental
Presentation: Mr. Ivas gave an overview of the plans with wetland areas marked. This NOI is for an enlarged deck, screen porch, outdoor shower, hot tub and retaining wall that has 136 linear feet intrusion into the no build zone they are offering 301 square feet in mitigation with plantings.
Discussion: The Conservation Officer advised that the area that would be the enlarged deck is currently lawn so it is currently developed. The planting plan was provided in the NOI. The Conservation Officer advised that with this type of proposal it keeps activity out of the wetlands.
Commissioner Nielsen asked if some lawn would be removed for this deck. Per Mr. Ivas it will be.
Mr. Ivas advised that the DEP considers this one “activity” while the Conservation Officer has this as 3 activities. The Chairman and commission agree with the Conservation Officer, this will be recorded as 3 activities.
The Chairman opened the hearing to the public. None. The Chairman closed the hearing to the public.
Motion: Commissioner Berry motioned to close the hearing and issue an order of conditions.
Second: Commissioner Nielsen In Favor: All Opposed: None
2. 4 Button Cove Road – DEP SE 34 1011 Applicant: Elizabeth Sullivan / Representative: Gregory Robbins – Vine Associates
Presentation: Mr. Robbins provided plans to build a 110’ pile supported pier, a 30’ gangway and a 10’ x 10’ pile supported float into Hingham Harbor. Mean low water is at 420’, there is a federal channel approximately 500’ from the end of the float. The resource areas are:
• Coastal bank
• Coastal beach on either side of salt marsh
Shell fish survey was done and it contained no shell fish or clam beds. The applicants are aware that the float will only be useable at high tide.
Discussion: Per the Conservation Officer, no input has been received from the Department of Marine Fisheries.
The Conservation staff feels the information received is sufficient to issue an order of conditions.
Commissioner Nielsen asked what the plans are for the existing pier. Per Mr. Robbins, there is currently no pier. Commissioner Nielsen asked what the pier would be made of over the marsh. Per Mr. Robbins ¾ “ decking will be over the salt marsh.
Commissioner Coughlin asked if there is any work proposed to the sea wall. Per Mr. Robbins there is no work planned to the sea wall.
The Chairman opened the hearing to the public. Chris Daly from the Harbor Development Committee was present and asked for clarification of the length of the pier / gang way / float. Mr. Daley also asked what type of vessel would be at the end float. Per Mr. Robbins no vessel is currently owned but the intent is to moor a vessel in the Harbor and to tie a dingy to the float. Based on that Mr. Daley asked why the pier needed to be 100’. Mr. Robbins advised that there would be significant damage if the tide were out by the pier resting on the bottom. An abutter from 3 Button Cove voiced concerns regarding permanent docks in the inner Harbor other than for commercial purposes. An abutter on Seal Cove Road asked if the Harbor Master was consulted as to why there were no shell fish present – was the harvesting already done prior to the survey? Mr. Daley commented that this is public property and that the public waterway is not owned by the applicants. The Chairman closed the hearing to the public.
The Chairman advised that this commission could not wait for a task force or any other committees to weigh in as they have to make their decision on the information available at the time of filing.
Mr. Robbins requests a continuance to 9/28/09
Motion: Commissioner Nielsen motioned to continue the hearing to 9/28/09 while awaiting input from the Department of Marine Fisheries and site walk.
Second: Commissioner Berry In Favor: All Opposed: None
3. 38 Bonnie Brier Circle – DEP SE 34 1012 Applicant: Kevin and Lynne Karo / Representative: Shawn Hardy – Hardy Engineering.
Presentation: Mr. Hardy presented plans to demolish the existing garage and replace it with a new 2 car 24 x 24 garage. A new walkway is planned to connect the driveway and the house. The entire lot is within the river front area. The closest is 58’ away. The plans improve the area by reducing the impervious area, by 93 square feet, by removing the current driveway and replacing it with pavers / crushed stone. No work is proposed closer than the current degraded area.
Discussion: The Conservation Officer has looked at the site and concurs with the information provided. The Conservation Officer asked what vehicle access would be available for the adjacent property. The applicants and representative discussed plans to provide access and advised that they are working with the owner of the adjacent property.
The Chairman asked if the existing driveway would be removed. Per Mr. Hardy, it will be and replaced with pervious material.
Commissioner Nielsen asked about the proposed concrete walk. The applicant showed on the plans where the granite steps would be which replaces existing pervious material.
Commissioner Coughlin asked if the 93 square foot reduction includes the garage. Per Mr. Hardy, yes, it does include the garage. Commissioner Coughlin asked about grade which was reviewed. Commissioner Coughlin asked if this would change water flow. Per Mr. Hardy the water flow is improved since the area is being replaced with impervious material.
The Chairman opened the hearing to the public. None. The Chairman closed the hearing to the public.
Motion: Commissioner Coughlin motioned to close the hearing and issue and order of conditions.
Second: Commissioner Nielsen In Favor: All Opposed: None
4. Shipyard Drive – DEP SE 34 1009 – Continuance - Applicant Jed Lowry, Lennar Hingham Holdings / Representative: Scott Turner BSC Group
Presentation: Mr. Turner reiterated the restoration work that they are proposing at the Hingham Shipyard of a 1.3 acre that is currently used as storage. It is currently impervious which they will be removing and replacing with a park. The continuance was asked for at the prior meeting because no DEP Number was issued at that time but has since been received.
The Chairman opened the hearing to the public. None. The Chairman closed the hearing to the public.
Motion: Commissioner Berry motioned to close the hearing and issue and order of conditions.
Second: Commissioner Nielsen In Favor: All Opposed: None
Order of Conditions
1. 12 Beach Lane – DEP SE 34 1008 – Applicant Vida Veitas / Representative: Rod Gaskell
Commissioner Coughlin recused himself from the hearing and therefore was not counted in the vote.
Motion: Commissioner Nielsen motioned to close the hearing and issue and order of conditions.
Second: Commissioner McIsaac In Favor: All Opposed: None
Amendment to Orders of Conditions
1. 405 Lincoln Street – DEP SE 34 700. Applicants: G.B. New England 2, LLC / Representative: Chris Lucas, Lucas Environmental
Presentation: The Conservation Officer advised that this is the Webber Dodge dealership to be demolished. CVS will be constructing a new building on the site. The amendment is for a small portion of pavement.
Motion: Commissioner McIsaac motioned to approve the amendment to the OOC
Second: Commissioner Berry In Favor: All Opposed: None
Certificates of Compliance
1. Seal Cove Road – DEP SE 34 1003–Applicant: Seal Cove Beach Assoc., J. Roche, Assoc. Pres. / Rep. Rod Gaskell
Presentation: The work is complete.
Motion: Commissioner Coughlin motioned to issue the Certificate of Compliance
Second: Commissioner Berry In Favor: All Opposed: None
2. 7 Merrill Street – DEP 34 0870 Applicants: Ed Gillis
Presentation: Previous vista clearing on coastal bank. Restoration has been completed. The Conservation Officer will ask him to remove filter fabric.
Motion: Commissioner Coughlin motioned to issue the Certificate of Compliance
Second: Commissioner Berry In Favor: All Opposed: None
General Discussion
None
Request for Extension
None
Abbreviated Notice of Resource Area Delineation
None
Order of Resource Area Delineation
None
Meeting Adjourned at 9:01 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 9/28/09.