HINGHAM CONSERVATION COMMISSION
October 19, 2009 at 7:00 PM Central Meeting Room North
MEETING MINUTES
CONSERVATION AGENDA and MEETING MINUTES
Present: Eugene Babin, Chair, Carolyn Nielsen, Vice-Chair, Daniel Coughlin, Charles Berry, Scott McIsaac, Robert Perry and Cliff Prentiss, Conservation Officer
7:00 PM Old/New Business
Approve Draft Minutes - 9/28/09
CPC Discussion
Lot 4 Saw Mill Pond
Foundry Pond Restoration
Discussion:
Request for Superseding Order of Conditions – 12 Beach Lane DEP SE 34 1008
Walton’s Cove Correspondence
Hunting Requests - A. Mullaney, G. Ryan / Hunting Area Update
7:15 PM Requests for Determination of Applicability
648 Main Street
Applicants: Thomas & Andria Clancy
121 High Street
Applicant: Chris Harrison
7:30 PM Notices of Intent
10 Parker Driveway – DEP SE 34 1013
Applicants: Richard & Jill Blake / Representative: Gary James, James Engineering
280 North Street – Town of Hingham Bylaw Notice of Intent dated June 28, 2007 (HCC 2007-1) - Continuance
Applicant: Michael Borgen / Representative: Paul Mirabito, Ross Engineering Company, Inc.
Request for an Amendment to an Order of Conditions
20 Malcolm Road – DEP 34 1007
Applicant: Mary Richmond / Representative: Gary James, James Engineering
Request for an Extension to an Order of Conditions
43 George Washington Boulevard
Applicant: Raymond Tehranian, P.E., Cove Realty Trust
Orders of Conditions
4 Button Cove Road - DEP SE 34 1011
Applicant: Elizabeth Sullivan / Representative: Gregory Robbins – Vine Associates
Certificates of Compliance
269 North Street – DEP 34 0856 – Applicant: John Riley / Representative: Rod Gaskell, SITEC Environmental, Inc.
Old/New Business – Meeting called to order at 7:03 p.m.
1. Approve 9/28/09 draft minutes
Discussion: Edits were discussed and noted.
Motion: Commissioner Berry motioned to approve the 9/28/09 draft minutes as amended.
Second: Commissioner Coughlin In Favor: All Opposed: None
It is noted for the record that Commissioner Babin abstained from the vote.
2. CPC Discussion/Applications
Lot 4 Saw Mill Pond Applications
Presentation by the Conservation Officer: Lot 4 Saw Mill Pond, which is being offered by David Chase to the Town for Conservation purposes. It is one of the last lots on Saw Mill Pond Rd. Mr. Chase will do a pathway and a wetlands observation area on the property. Commission members should take a look at the property and the proposal.
Foundry Pond Restoration Application
The Foundry Pond Restoration Application is for the monies for dredging. Interns from the Town Administrator’s office are also attempting to find funding with other agencies. As part of a 5 million dollar settlement with the State, Marine Fisheries has received a $50,000 grant for shellfish habitat restoration for Hingham.
Conservation Fund Application
An application to request $10,000 to be placed into this fund was not applied for. This will be revisited next year.
The CPC presentation will be Wed. night and the Commissioners presence would be appreciated.
3. Request for Superseding Order of Conditions – 12 Beach Lane DEP SE 34 1008
An abutter has appealed the Commissions OOC. The office has not heard yet from the DEP with a site visit date.
3. Walton’s Cove Correspondence from Kathleen Ward
An abutter is requesting that the Commission assist with the bailing out of Walton’s Cove. The challenge is who will fund this? The sediment load being delivered to the Cove is similar to Foundry Pond. DPW does some maintenance of the catch basins and sumps twice a year to try and keep the sediment down. DPW says that most of the sediment is from sand placed on the road in the winter. Commissioner Babin requested if the Conservation Officer could encourage the DPW to stay on their plan of maintenance for Walton’s Cove.
4. Hunting Requests from A. Mullaney, G. Ryan, and J. Hall
Discussion: Three new requests have come in. The issue that needs to be raised is will we have too many hunters out on the properties? The Conservation Officer will ask Fish and Wildlife if they could provide a “yardstick” of how many hunters to allow per acre. Four have been given approval to hunt so far.
Motion: Commissioner Perry motioned to approve A. Mullaney, G. Ryan, and J. Hall’s bow hunting requests for this season and to close off all future requests for hunting this deer season.
Second: Commissioner Berry In Favor: All Opposed: None
Requests for Determination of Applicability
1. 648 Main Street - Applicants: Thomas & Andria Clancy
Presentation: Mr. Clancy’s proposed activities are the removal of 3 sheds, installation of fences–wooden and lattice and construction of a retaining wall and landscaping. The sheds are poor condition and are a hazard for children. The fencing and retaining wall will abut Jacobs Meadow. Mr. Clancy noted that there is a pool next door in the same area where they would like to do some of the proposed work.
Discussion: Removal of the sheds would not meet any resistance from the Commission with proper controls, however there are fencing concerns if the structures inhibit the movement of wildlife. Retaining walls can be disruptive to the natural flow of water. It is noted that the 50-foot buffer is not noted on the plan submitted.
It was explained to the applicants that a RFD is an informal presentation to the Commission. If the Commission feels that the proposed work does have an impact on the resource areas or if there are doubts, it will then ask for a more formal filing.
The Conservation Officer noted that the removal of the sheds would be a plus. The plans that are provided are only a sketch, which is what the RFD application requires. If an Abbreviated Notice of Intent or an NOI was filed with more detailed engineering information such as materials being used, exact locations, construction techniques, any proposed grading to the back yard, any flowage to the abutters, and what is being proposed to protect the wetlands, it would help the Commission make a decision. Photographs also would help.
A Commissioner motioned to issue a Positive Determination of Applicability for 648 Main Street.
Second: Commissioner Nielson In Favor: All Opposed: None
2. 121 High Street – Applicant Chris Harrison
Presentation: Mr. Harrison presented plans for the proposed installation of an 8’x 12’ shed on blocks next to the garage, 55’ from the wetland and photos of the previously completed 11’ x 11’ slate patio with 6 inches of crushed stone and 6 inches of stone dust for drainage. The previous owners built the new deck noted on plans.
Discussion: The Patio is within 50’. Commissioner Babin noted if the applicant had been in before the construction of the patio, he would have recommended a Positive Determination, had it been done in the correct order. He doesn’t feel the applicant should be rewarded.
The Conservation Officer is neutral on this. Perhaps an Abbreviated NOI would help and to offer some mitigation.
The applicant is willing to separate the proposed shed from the patio in the application process. The Commission noted that if the applicant does that, it may incur more permitting fees. Suggestion is they look into an Abbreviated Notice of Intent.
Motion: Commissioner Berry motioned to issue a Positive Determination of Applicability for 121 High St.
Second: Commissioner Coughlin In Favor: All Opposed: None
Commissioner Babin read the usual information regarding filings.
Commissioner Babin asked to take one item out of order dealing with the agenda, as 280 North Street is asking for a continuance. The Conservation Officer noted that at the last meeting there was a motion made that the last continuance granted would be their last. The agenda shouldn’t be taken out of order.
Commissioner Babin recused himself from the 10 Parker Driveway and 20 Malcolm Road hearings.
Commissioner Nielsen–Vice Chair took over the Conservation meeting.
Notices of Intent
1. 10 Parker Driveway –DEP SE 34 1013
Applicants: Richard & Jill Blake / Representative: Gary James, James Engineering, Sean Papich, Landscape Architect, Sally Weston, Architect
Presentation: Gary James and Sean Papich, presented the proposed plans to do landscape improvements and two additions to the single-family dwelling. It is a lot across from Hingham Harbor. The primary resource area is the top of coastal bank. Site is very developed. Proposed improvements will be removing the existing wooden deck for the new additions. Landscaping improvements will be a stone terrace and fieldstone seat wall; lawn shall be re-graded to meet grade for wall, plantings and lawn. Expansion changes will also be made to existing garage, which is outside the 100-foot buffer, along with a proposed fieldstone retaining wall. Water coming off the roof will be connected to a drain line into the town storm drain.
Discussion: The Conservation Officer noted that this is a previously developed site; the proposed changes should not have a real impact on the coastal resource area and there is very little activity in the 50’ buffer and the applicant does not have to address storm water management.
Commissioner Nielsen opened the hearing to the public. None. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Berry motioned to closed the hearing and issue an Order of Conditions for 10 Parker Driveway.
Second: Commissioner Coughlin In Favor: All Opposed: None
Request for an Amendment to an Order of Conditions
20 Malcolm Road – DEP 34 1007
Applicant: Mary Richmond / Representative: Gary James, James Engineering
Presentation: Gary James presented the proposed landscaping changes to construct a masonry retaining wall along the front to take away the steepness of the front yard, filling will be involved, and to modify the front landings. The proposed activities are within the limits of the 50’ buffer from top of coastal bank. This will not modify any of the drainage patterns. We are requesting to allow the ability to reference the landscaping plan within the limits of the Order.
Discussion: Will there be more icing? Per Gary, there will be no more or no less than the current situation.
The Conservation Officer noted that due to the proposed modifications, it was suggested that the rep. bring this to the Commission. This keeps the Commission and the applicant engaged while monitoring the project. This also gives the abutters who may have a concern to speak up. The Conservation Officer concurs that there won’t be any change in the drainage patterns.
Commissioner Nielsen opened the hearing to the public. None. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Coughlin motioned to close the hearing & issue an amendment to the OOC for 20 Malcolm St.
Second: Commissioner McIsaac In Favor: All Opposed: None
Commissioner Babin returned to the meeting as Chair.
280 North St. – Town of Hingham Bylaw Notice of Intent dated June 28, 2007 (HCC 2007-1) - Continuance
Applicant: Michael Borgen / Representative: Paul Mirabito, Ross Engineering Company, Inc.
Discussion: Commissioner Babin noted that the applicant’s representative has requested another continuance until our next meeting. I have been informed that at the last meeting the Commission agreed not to issue any further continuances.
Motion: Commissioner Nielsen motioned not to grant another continuance to 280 North Street and to close the hearing.
Commissioner Babin has a question, as this is not the normal situation. The Commission has been ordered by the Court to conduct a hearing. The Commission has done that and now we are closing the hearing. Is there any difficulty with this?
The Conservation Officer presented a quick background of the project for the new Commission members
• Originally filed in 2006 under both the state regs. and TOH Wetlands Bylaw to build a single family dwelling on a 30,000 sq. ft lot, which entirely in the 100 foot flood plain
• Commission heard the project and denied the project under the state regs. and the bylaw since it couldn’t address loss of flood storage, and everything is below flood plain
• Project is near the Town Brook and when the tide is high and with storm flowage, coupled with a huge rain event, there is severe flooding.
• Applicant appealed and DEP issued a Superseding OOC allow the project to move forward providing the applicant provided storage of flood waters in the basement, a crawl space with breakaway panels, the applicant proposed to take down all the trees to provide adequate flood storage.
• There was no appeal under the TOH wetlands bylaw
• Applicant attempted to refile last year & I rejected the application on the basis as the Commission had heard it once before
• Applicant took it to Court under the bylaw and the Court ruled that since there was new information (Wildlife Study, and new solutions for flood plain storage), the filing should be heard
• The hearing started this August and this will be the third continuance, if the Commission decides to votes tonight to continue to November.
• As the Chair has pointed out he was not present at the last meeting and did not hear the Commissions directive that we would hear it one more time to this evening and not grant any further continuances.
• This falls on the Commissions practice of not stretching out projects which tends to wear out the staff, Commission and abutters.
• If a project does not have the adequate information to go forward, the project should be withdrawn and brought forward at future date.
• No new additional information has been rec’d in the two months between the last hearing and now
• The office did receive an email which was reported to address issues raised by John Chessia, our consulting engineer.
• The Commission has upon its agenda this hearing with the directive from the previous hearing to not to continue it, but to hear it and either approve it or deny it on facts presented.
Commissioner Babin noted that the proper procedure is to vote whether or not to grant the continuance, which is the motion on the floor. Depending upon on how that vote goes, the Commission will then have a vote perhaps on to whether or not close and write an OOC.
Commissioner Berry asked if the applicant was notified that the Commission would not extend again after the last meeting?
The Conservation Officer isn’t sure that was written, however noted that this is something that you always run the risk of with any agency. No representative was present at the last meeting.
Commissioner Nielsen’s motion is still on the floor to deny the request for a continuance for 280 North Street.
Second: Commissioner McIsaac In Favor: All Commissioners except Berry. Opposed: Berry
A Commissioner made a motion to direct the staff to write an Order of Conditions.
Second: Commissioner McIsaac
In Favor: None Opposed: Commissioners Nielsen, Coughlin, McIsaac, Perry, Berry
Any discussion? Motion is needed to clarify the previous vote, the Commission has not be ordered to issue an order in the affirmative, but to issue an denial.
Commissioner Berry made a motion is on the floor to clarify the prior vote that we are closing the hearing and directing the staff to write an Order of Conditions denying the project.
Second: Commissioner Perry In Favor: All Opposed: None
Request for an Extension to an Order of Conditions
43 George Washington Boulevard
Applicant: Raymond Tehranian, P.E., Cove Realty Trust
The Conservation Officer noted that the applicant has already had a 3-year extension granted.
Commissioner Nielsen noted that it is in the best interest of the town to have these projects completed.
Commissioner Nielsen made motion to grant a 3-year extension to the Order of Conditions for 43 George Washington Blvd.
Second: Commissioner Berry In Favor: All Opposed: None
Orders of Conditions
4 Button Cove Road - DEP SE 34 1011
Applicant: Elizabeth Sullivan / Representative: Gregory Robbins – Vine Associates
Discussion: The Conservation staff drafted 3 (three) draft orders have been drafted for the Commission-Approval under both, denial under the State and a Denial under the bylaw.
Commissioner Berry asked about the seed area.
Commissioner Coughlin noted that there needs to be a balance, if you are to have a structure on the water there should be some guidelines, since they presently don’t exist, you go in as a resident and ask for what you think you need.
Commissioner Berry noted since there aren’t any regulations to say that it is too, long we need to note other items, resource impact, view, etc.
The Conservation Officer noted that the Commission could deny this and ask the applicant to come in with something of less magnitude; then the hearing could be reopened. This could be noted in the cover letter as this structure projects out a lot farther in the harbor than all of the adjacent floats, ramps, etc. on this piece of the coast.
Commissioner Nielsen noted that we do have esthetics in the bylaw and this would go with keeping within the scale of the neighborhood.
Commissioner McIsaac made motion to deny the project at 4 Button Cove Road with instructions to the staff to write a cover letter explaining that if the applicant was willing to refile there would be no prejudice of this Board.
Second: Commissioner Nielsen In Favor: All Opposed: None
Certificates of Compliance
269 North Street – DEP 34 0856 – Applicant: John Riley / Representative: Rod Gaskell, SITEC Environmental, Inc.
The Conservation Officer reviewed the project and it has been built per the Order and the Conservation Restriction has been recorded.
Commissioner Nielsen made motion to issue the COC for 269 North Street.
Second: Commissioner Coughlin In Favor: All Opposed: None
Meeting Adjourned at 9:02 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 11/02/09.