HINGHAM CONSERVATION COMMISSION
September 28, 2009 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Present: Carolyn Nielsen, Vice-Chair, Daniel Coughlin, Robert Perry, Charles Berry, Scott McIsaac, and Cliff Prentiss, Conservation Officer
Absent: Eugene Babin, Chair, Doug Harvey
Old/New Business
NOTE: Commissioner Nielsen will be chairing the meeting tonight in lieu of Commissioner Babin’s absence.
Approve 9/14/09 draft minutes
Discussion: Edits were discussed and noted. A copy of edits will be provided to Town Recording Services to make the necessary changes and redistribute.
Motion: Commissioner Berry motioned to approve the 9/14/09 minutes as amended.
Second: Commissioner Coughlin In Favor: All Opposed: None
2. Signature Authorization for Accounts Payable
Discussion: The Conservation Officer advised that he is authorized to sign, on behalf of the Commission, incoming bills and there is a need for a back-up.
Motion: Commissioner Coughlin motioned to authorize Commission Nielsen and Commissioner Berry as backup signatory for invoices submitted to the Conservation Commission.
Second: Commissioner Perry In Favor: All Opposed: None
3. Slow Growth Initiative - Petition
Discussion: The Conservation Officer advised that in order for this to pass 67,000 statewide signatures are needed before 11/21. There is no height limit to the 40B structures that could be put up and there are no restrictions to building near neighboring wetlands. The Commissioners have the option to review and sign the petition as individuals if they chose to do.
4. Michael Shaughnessy - 23 Bel Air Rd. vs. Town of Hingham Conservation Commission and its members
Discussion: The town records will be presented to town counsel. It is likely that staff will be deposed and possibly a commission member or two as well.
5. Robert Sullivan - 29 Bel Air Rd. vs. Town of Hingham Conservation Commission and its members
Discussion: The town records will be presented to town counsel. It is likely that staff will be deposed and possibly a commission member or two as well.
6. GZA Proposal – Approve the second phase of the dredging of Foundry Pond
Discussion: Phase II includes moving the material that is removed and delivering it to Bare Cove Park. Assuming funding will be available the project is going to get started summer 2010.
Motion: Commissioner McIsaac motioned to approve the GZA proposal to provide professional assistance with all project permitting, authorize the request be made to the CPC for $650,000 funding, and an additional request of $10,000 for the Conservation Fund. Signatures were obtained for the GZA proposal.
Second: Commissioner Coughlin In Favor: All Opposed: None
Requests for Determination of Applicability
1. 141 Otis Street – Applicant Rosemary & Luc Duchesneau / Representative: Jeffrey Metcalfe, R.A.
Presentation: Mrs. Duchesneau presented their proposal to renovate their home using the existing foundation and including the now carport into the square footage of the home as well as adding a second story. They will not be building any closer to the water.
Discussion: The Conservation Officer advised that this house is well back from the water. There is a concrete sea wall at the end of the lawn. The addition to the house will not impact any resource areas. All activities will need to meet storm water restrictions.
The Chairman opened the hearing to the public. One attendee asked for clarification of the house location. The Chairman closed the hearing to the public.
Motion: Commissioner McIsaac motioned to issue a negative order of applicability to include sediment control.
Second: Commissioner Coughlin In Favor: All Opposed: None
Notice of Intent
1. 280 North St. – Town of Hingham Bylaw Notice of Intent dated 6/28/07 (HCC 2007-1) – Continuance
Applicant: Michael Borgen / Representative: Paul Mirabito, Ross Engineering Company, Inc.
The applicant’s representative requested a continuance until 10/19/09. An abutter’s attorney has asked for an additional continuance to 11/2 since he will be unavailable on 10/19. The commission discussed and concurs that only the applicant or his representative can make the request for a continuance. If the abutter would like to send a representative or a letter their comments will be heard on 10/19.
Motion: Commissioner McIsaac motioned to continue the hearing to the 10/19/09.
Second: Commissioner Coughlin In Favor: All Opposed: None
2. 4 Button Cove Road – DEP SE 34 1011 – Continuance
Applicant: Elizabeth Sullivan / Representative: Gregory Robbins – Vine Associates
Presentation: Mr. Robbins advised regarding the pier, gangway and float proposal that was discussed at the 9/14/09 meeting. At that meeting the Conservation Commission had not received a report from the Department of Marine fisheries.
Discussion: An email from the Department of Marine Fisheries (no formal letter) was received. Commissioner Berry noted that their email indicates that the area is commercially utilized resource. Per Mr. Robbins their survey showed no shell fish beds were found and even in a commercial area they would likely find shell fish beds.
Commissioner Nielsen asked the Conservation Officer regarding where the shell fish restoration sites are. Per the Conservation Officer he is unaware of their locations. Commissioner Nielsen is awaiting a call from the Harbor Master. Mr. Robbins again stated that there will be minimal disturbance as only 13 sq feet of piles are proposed. From the float it is 530’ to the federal channel.
Commissioner Coughlin asked about the impact on shell fish by virtue of the dock and lack of sunlight. Mr. Robbins advised that there won’t be any impact and the design meets or exceeds all regulations.
Commissioner Berry wants the Commission to consider the recreation resource that will likely be disturbed by a dock at this length.
The Chairman opened the hearing to the public. One abutter asked for clarification on the total length of the dock, pier and float. Per Mr. Robbins all totaled it is approximately 145 feet. He also commented on his desire to see guidelines for dock restrictions into the inner harbor. The Chairman closed the hearing to the public.
A waiver of the 21-day requirement has been signed by the applicant allowing a vote to be made at the 10/19/09 meeting.
Motion: Commissioner Coughlin motioned to close the hearing.
Second: Commissioner Berry In Favor: All Opposed: None
Request for Extension to Order of Condition
1. 23 Wanders Drive – (filed under 179 R Prospect S.) DEP SE 34 0882
Applicant: John Murray / Representative: Peter Puciloski, Lazan, Glover & Puciloski, LLP
Presentation: The original house on the property was removed and a new dwelling was built. The applicant is asking for a 3-year extension to determine if he will rebuild a barn (which was formerly approved). If he does so it will be further away from the wetlands.
Motion: Commissioner Perry motioned to issue the extension to the Order of Conditions.
Second: Commissioner Coughlin In Favor: All Opposed: None
Order of Conditions
1. 9 Langlee Road – DEP SE 34 1010
Applicant John & Jennifer Sullivan / Representative: Steve Ivas – Ivas Environmental
Discussion: The athletic court was done a few years ago. The new Order of Conditions is for walls, deck restoration, Jacuzzi and a 3-season room, which is inside the 50’ buffer. Per the Conservation Officer there is little impact on the resource area and, if they have this enhancement it is likely that they will not be in the resource area.
Motion: Commissioner Berry motioned to close the hearing and issue an Order of Conditions.
Second: Commissioner McIsaac In Favor: All Opposed: None
Certificates of Compliance
1. 31-37 Fresh River Avenue - DEP SE 34 0526 – Applicant: James Bristol
Presentation: Four new homes.
Motion: Commissioner Coughlin motioned to issue the Certificate of Compliance.
Second: Commissioner Perry In Favor: All Opposed: None
2. 51 East Street – DEP SE 34 0917 Applicant: Nicolas Trifone
Presentation: Trench drains and drywells.
Motion: Commissioner Coughlin motioned to issue the Certificate of Compliance.
Second: Commissioner Perry In Favor: All Opposed: None
3. 17 Stagecoach Road – DEP SE 34 0976 – Applicants – Elizabeth Schultz and Robert Bone
Presentation: Residential addition.
Motion: Commissioner Coughlin motioned to issue the Certificate of Compliance.
Second: Commissioner Perry In Favor: All Opposed: None
4. 7 Blue Sky Drive - DEP SE 34 0982 – Applicant: Susanna Hunt
Presentation: Residential addition.
Motion: Commissioner Coughlin motioned to issue the Certificate of Compliance
Second: Commissioner Perry In Favor: All Opposed: None
General Discussion
None
Abbreviated Notice of Resource Area Delineation
None
Notice of Intent - Continuance
None
Order of Resource Area Delineation
None
Meeting Adjourned at 8:27 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 10/19/09.