HINGHAM CONSERVATION COMMISSION
November 2, 2009 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Present: Eugene Babin, Chair, Carolyn Nielsen, Vice-Chair, Scott McIsaac, Robert Perry and Cliff Prentiss, Conservation Officer
Absent: Charles Berry, Daniel Coughlin
7:00 PM Old/New Business
Approve Draft Minutes - 10/19/09
Changes in Ethics Law
12 Beach Lane–DEP SE 34 1008-Appeal Acceptance/On Site for Superceding OOC – Thursday, 11/12/09 at 1:45 p.m.
Kick Off Meeting with GZA Project Team for Foundry Pond
7:15 PM Request for Determination of Applicability
1 Camelot Drive - Applicant: Thomas Trogele / Representative: Dick Rockwood, Ben Bernham Rockwood Design Inc.
Certificates of Compliance
Boston Golf Club – Cushing Street – DEP 34 683 - Applicant: Maxx LLC d/b/a Boston Golf Club
36 Independence Lane – DEP 34 756 - Applicant: Michael T. Maroney
7:30 PM
Abbreviated Notices of Intent
121 High Street – No DEP number or comments as of 10 29 09 - Applicants: Chris Harrison and Carolyn Murray
Notices of Intent
132 Hobart Street – No DEP number or comments as of 10 29 09
Applicants: Jan & Dan Parry / Representative: Brooke Monroe – Pinebrook Consulting
Request for an Extension to an Order of Conditions
11 Crooked Meadow Lane–DEP SE34 0888-Applicant: Penny Collins Siridee, Trustee/Rep.: David M. Wardwell
Orders of Conditions
280 North Street – Town of Hingham Bylaw Notice of Intent dated June 28, 2007 (HCC 2007-1)
Applicant: Michael Borgen / Representative: Paul Mirabito, Ross Engineering Company, Inc.
Old/New Business – Meeting called to order at 7:04 p.m.
1. Approve 10/19/09 draft minutes
Discussion: Edits were discussed and noted.
Motion: Commissioner Nielsen motioned to approve the 10/19/09 draft minutes as amended.
Second: Commissioner McIsaac In Favor: All Opposed: None
2. Draft Letter to the Governor discussed and approved by the Commission for the Conservation Officers signature and mailing.
3. Changes in Ethics Law discussed – all municipal board members, staff, consultants and volunteers etc. must take the on line class and present your certificate to the Town Clerk before the end of the year.
4. 12 Beach Lane–DEP SE 34 1008-Appeal Acceptance/On Site for Superceding OOC – Thursday, 11/12/09 at 1:45 p.m.
A direct abutter has appealed the OOC that the Commission had approved for the demolition of the existing home, garage and the construction of a new house and garage. Via an email, Commissioner Coughlin noted that he had recused himself from the hearings and will also recuse himself from the DEP site visit. . Commissioner Babin reminded the Commission that if a quorum were present, the rules of a Public Meeting would be applicable.
5. Kick Off Meeting with GZA Project Team for Foundry Pond – has been moved on the agenda till 7:45 p.m. tonight.
Request for an Extension to an Order of Conditions – 11 Crooked Meadow Lane – DEP SE 34 0888
Applicant: Penny Collins Siridee, Trustee / Representative: David M. Wardwell
The Conservation Officer reviewed the file and the applicant’s representative is looking for a one-year extension to the
OOC. An Enforcement Order was issued to the applicant/property owner. Owner was in violation of the Wetlands Protection Act; which included tree cutting, brush clearing and removal of boundary stonewalls on Conservation land and Land Trust Property. At this point in time, the applicant has cleared up the Hingham Land Conservation Trust Property and are rebuilding 1,000 feet of the common boundary stonewalls. The home on the property had a disastrous fire a year ago and the applicant is in the process of rebuilding a new home. Applicant is showing due diligence in trying to get the work finished.
Motion: Commissioner Perry motioned to approve a one-year extension to the OOC for 11 Crooked Meadow Lane.
Commissioner Nielsen disclosed that she was a former member of the Land Trust Board.
Second: Commissioner McIsaac In Favor: All Opposed: None
Request for Determination of Applicability – 1 Camelot Drive
Applicant: Thomas Trogele / Representative: Dick Rockwood, Ben Bernham Rockwood Design Inc.
Presentation by Mr. Bernham: Proposal is to take off the three-season sun porch; which is built on piers, remove the piers and rebuild within with in the footprint. Opposite side of the wetlands, the footprint will be extended 3 feet to make living space built over a foundation with a crawl space. Not planning on going any closer to the wetlands.
Commissioner Nielsen disclosed that she is very familiar with this property.
The Conservation Officer recommends a Negative Determination with sediment controls.
Motion: Commissioner Nielsen motioned to issue a Negative Determination for 1 Camelot Drive with sediment controls.
Second: Commissioner Perry In Favor: All Opposed: None
Certificates of Compliance
Boston Golf Club – Cushing Street – DEP 34 683
Applicant: Maxx LLC d/b/a Boston Golf Club
The Conservation Officer reviewed the project for the Commission and noted that it would be worthwhile for all of the Commission to review the project. Commissioner Berry was out last week during the site visit for the COC. The Boston Golf Club staff is willing to make time available whenever Commission members can break free for a site visit and we can hold this request for a COC. The Conservation Office noted that he would recommend that the Commission endorse the COC for the project.
Presentation: Sara Stearns from Boston Golf Club, Environmental Project Manger
• Course was laid out to avoid 99% of the wetland stream areas, which was done purposefully
• Site is so large, has so many wetland areas, chosen to discuss five areas that are the best representation of most of the work done in terms of significant perennial streams remediation, riverfront area clean up, additional plantings of wetland plants, and hand removal of invasive species
• Tuesday’s are a safe day for site visits since the course is closed for maintenance
Commissioner Babin
• Project was handled very well and has been out there several times during the construction.
• It is an exceptionally sensitive area and it was handled quite well with the wildlife habitat
• Remembers in the early days that this area was nothing more than a dumping ground
• Concurs with the Conservation Officer the he would endorse a COC at this time
• Appreciates the fact that some of the newer Commission members may want to do an onsite and then vote on the COC a the perhaps the next meeting
Conservation Officer
• Applicant does have small project on site that is within the Commission’s jurisdiction and will need to need to file
• Received Audubon designation on the course within 6 months which is a real achievement
Commissioners Nielsen and Perry do not have an objection to voting now; however would like to do a site visit.
Motion: Commissioner McIsaac motioned to issue a Certificate of Compliance for Boston Golf Club – DEP 34 683
Second: Commissioner Perry In Favor: All Opposed: None
36 Independence Lane – DEP 34 756
Applicant: Michael T. Maroney
Conservation Officer noted that the project has been completed according to the OOC.
Motion: Commissioner Nielsen motioned to issue a Certificate of Compliance for 36 Independence Lane – DEP 34 756.
Second: Commissioner McIsaac In Favor: All Opposed: None
Commissioner Babin read the usual information on Notices of Intents
Abbreviated Notice of Intent – 121 High Street – No DEP number or Comments as of 10 29 09
Applicants: Chris Harrison and Carolyn Murray
Applicants Presentation: Originally came before the Commission with a RFD for the placement of a shed and an after the fact filing for a patio. Commission issued a Positive Determination. Shed will be placed on blocks is outside the buffer zone and pictures submitted. Patio has a gazebo which is an entirely removable structure. The patio was constructed using natural stone set in stone dust.
Conservation Officer noted that the Conservation staff concurs with the wetland line. Commission can issue an order and have it complied with. Applicants have made every effort to work with the Conservation staff.
Commissioner Babin opened up the hearing to the public for comments. None. Commissioner Babin closed the hearing to the public.
Motion: Commissioner McIsaac motioned to close and direct the staff to write an Order of Conditions for 121 High Street upon receipt of the DEP number and comments.
Second: Commissioner Nielsen In Favor: All Opposed: None
Notices of Intent
132 Hobart Street – No DEP number or comments as of 10 29 09
Applicants: Jan & Dan Parry / Representative: Brooke Monroe – Pinebrook Consulting
Presentation by the applicants: Proposed building of an unattached 2-car garage in the backyard. Pictures were shown of the lot.
A corner of the garage would be in the Commission’s jurisdiction of the 50 foot. A few trees will need to be removed with the proposed project. We have cleaned up the property since purchasing and property is on septic with a leaching field so there are not that many places to locate the proposed garage.
Discussion:
• Concern with the reduction of the pervious soil (@ 720 feet) with the proposed project and paving for the driveway
• Concerns that no elevation or grading is shown on the plans
• Would the applicant be willing to do some mitigation with rain gardens and the installation of drywells on the garage
• Need information on the plan for the square footage of the rain garden, if proposed
Conservation Officer
The Conservation staff concurs with the wetland line. Another thought would be to add a crush stone basin at the back of the driveway would help, as well as the drywells and rain gardens.
Commissioner Babin opened up the hearing to the public for comments. None.
Motion: Commissioner McIsaac motioned to continue the hearing for 121 High Street to 11/16/09 with the applicants consent.
Second: Commissioner Perry In Favor: All Opposed: None
Michael Borgen asked to be heard regarding 280 North Street. Commissioner Babin noted that the next item on the agenda is the GZA presentation since it was deferred earlier in the agenda and that Mr. Borgen could address the meeting when 280 North Street was taken up.
Kick Off Meeting with GZA Project Team for Foundry Pond
Michele Simoneaux and Greg McBride, Consultants for the Dredging Project for Foundry Pond – two other team members could not make it tonight.
The Consultants of GZA presented an overview of Phase I of the project as well as a chronology of where the permitting phase is at this juncture of the project. GZA is in the process of obtaining permits for the project.
• Hydraulic dredge would be the most feasible approach to dredge the pond
• Permitting strategy handout given
• Mass Historical Commission application has been submitted, Environmental Notification Form will be submitted to MEPA
• In the process of obtaining a surveyor
• Dewatering site will be the Iaria Brothers property
• Other Permits needed, Chapter 91, DEP Water Quality Certification
• Working on the permits over the next 9 months and hope to have everything in place by next summer
• Slide show is available to present to the CPC
• Bare Cove Park will be taking the sediment
Conservation Officer
• Have asked CPC for $650,000 to accomplish this project
• Town Administrator has 2 interns looking for other funding
• Would like to see other Commissioners present for support at the CPC meeting and site walks
Orders of Conditions – 280 North Street – Town of Hingham Bylaw Notice of Intent dated 6/28/07 (HCC 2007-1
Applicant: Michael Borgen / Representative: Paul Mirabito, Ross Engineering Company, Inc.
• Commissioner Babin noted that he did read the letter today from Attorney Brodsky.
• Issue highlighted is that his office and the applicant was not advised that the Commission voted not to allow the requested continuance since they had already had 3 with no new information submitted. Commission voted to close and directed the staff to issue an OOC.
• If the Commission stays with this decision, there may be litigation. In his letter, Attorney Brodsky is asking the Commission to reopen the hearing.
• The applicant is here this evening and would like to speak to the Commission.
Applicant: Michael Borgen
• Your presentation has filled me in and where you are going on what I needed to know
• There have been 4 requested continues and only 3 have been granted by the Commission
• The fourth continuance was not granted because too much time had passed
• The Chessia letter was what my engineer was trying to respond to and get the final information to you.
Commissioner Babin
• Application stood dormant and requests for continuances are to provide information
• Information did not come forward. The 4th request was denied and the hearing was closed.
Michael Borgen - There is no reconsideration of reopening the hearing?
Commissioner Babin-If one of the Commissioners wishes to make that motion to reopen the hearing, it will be heard and asked for a vote. No one has made that motion.
The Conservation Officer gave a brief history of the filings with this address for the newer Commissioners.
Motion: Commissioner Nielsen motioned to issue an OOC denial under the TOH Wetlands Bylaw for the proposed work at 280 North Street.
Second: Commissioner McIsaac In Favor: All Opposed: None
Conservation Officer updated the Commission on 15 Merrill Street.
If the Commission wants the Enforcement Order recorded, it could be paid for out the filing fees and a vote needs to be taken.
Motion: Commissioner Perry motioned to have the latest Enforcement Order for 15 Merrill Street recorded by the Conservation staff.
Second: Commissioner McIsaac In Favor: All Opposed: None
Update on Horse Farm on Ward Street
Commission asked the Conservation Officer to bring in a peer consultant.
Meeting Adjourned at 9:00 p.m.
Respectfully submitted,
_________________________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 11/16/09.