HINGHAM CONSERVATION COMMISSION
November 16, 2009 at 7:00 PM Central Meeting Room North
MEETING MINUTES
Present: Eugene Babin, Chair, Carolyn Nielsen, Vice-Chair, Charles Berry, Daniel Coughlin, Scott McIsaac, Robert Perry, Nina Villanova and Cliff Prentiss, Conservation Officer
CONSERVATION AGENDA
7:00 PM Old/New Business
Welcome new Conservation Commission Member – Nina T. Villanova
Approve Draft Minutes - 11/02/09
Discussion
Open Space Plan – Eligibility Period
Selection of Conservation Commission Meeting Dates for January 2010 - June 2010
TOH, acting by and through its Conservation Commission v. Harbor Dream, LLC – Verified Complaint
Request for Superseding Determination of Applicability - Harbor Dream LLC/15 Merrill St., Hingham, MA
7:15 PM
Request for Determination of Applicability
157 Hersey Street
Applicant: Lynn M. Conway
7:30 PM
Notices of Intent
132 Hobart Street – DEP SE 34 1014 - Continuance
Applicants: Jan & Dan Parry / Representative: Brooke Monroe – Pinebrook Consulting
4 Button Cove Road - DEP SE 34 1011- Reopen Hearing
Applicant: Elizabeth Sullivan / Representative: Gregory Robbins – Vine Associates
8:00 PM
Informal Discussion
Ward Street Turf Fields Project – Ward St.-Redevelopment Margett’s Field/Lacrosse Field-No DEP #/comments as of 11/12/09
Applicant: The Ward Street Turf Fields Fund c/o Jeffrey A. Tocchio, Esq. / Rep.: Sterling Wall, Tetra Tech Rizzo
Old/New Business – Meeting called to order at 7:00 p.m.
1. The Commission welcomed new member Nina Villanova.
2. Approve 11 02 09 and 11 14 09 (CPC Site Visits) draft minutes
Discussion: Edits were discussed and noted.
Motion: A Commissioner motioned to approve the 11/02/09 and 11 14 09 draft minutes as amended.
Second: Commissioner Perry In Favor: All Opposed: None
It is noted for the record that Commissioner Villanova recused herself from the voting.
Commissioner Berry abstained as he was not present at the 11 02 09 meeting.
3. Open Space Plan – Eligibility Period
The Conservation Officer noted that the Executive Office of Energy and Environmental Affairs is allowing communities to extend the eligibility period of the Five Year Action Plan component of the Open Space and Recreation Plan to seven years.
EOEE has approved the draft plan submitted and the office is working on the comments given on the draft before resubmitting a final plan. Jim Watson, Abby Childs and Regina Hickey have been working on the revised draft plan along with many others.
Commissioner Babin would like the newer Commissioners to receive a copy of the draft Open Space and Rec. Plan.
Motion: A Commissioner motioned to approve extending the Five Year Action Plan component of the Open Space and Recreation Plan to seven years.
Second: Commissioner Nielsen In Favor: All Opposed: None
4. Selection of Conservation Commission Meeting Dates for January 2010 - June 2010
The following dates were selected for the first 6 months of 2010
January 11, January 25, Feb. 8, Feb. 22, March 8, March 22, April 5, April 26, (meeting only for 1 hour before possible Town meeting to vote/sign documents), May 3, May 17, June 7 and June 21, 2010.
Motion: Commissioner Coughlin motioned to approve the above dates for Conservation Meetings in Jan.–June 2010.
Second: Commissioner McIsaac In Favor: All Opposed: None
5. TOH, acting by and through its Conservation Commission v. Harbor Dream, LLC – Verified Complaint
The Conservation Officer noted that Town Counsel has filed an injunction. The Enforcement Order will be recorded shortly at the Registry of Deeds. The office receives a great deal of calls regarding this Enforcement Order and its status.
6. Request for Superseding Determination of Applicability – Harbor Dream LLC/15 Merrill St., Hingham, Ma
The Conservation Officer gave a status update on the above.
Question from the audience:
S. McClean-35 Whiton Ave. Is there anything that neighbors can do?
The Commission noted to just monitor the process since it is now a legal matter.
Another question from the audience – Did not give name – Army Corps of Engineers built the wall. Do they have any role in the legal action? Conservation Officer noted that the Army Core would not be involved.
7. The Conservation Officer noted that Commissioner Berry attended the DEP on site visit for 12 Beach Lane.
Request for Determination of Applicability
157 Hersey Street - Applicant: Lynn M. Conway
Presentation: Applicant proposes to demolish a detached garage (12’x20’) and replacing it with an 18’x24’ garage with storage on the top. The closest point of the new construction will be 70 feet from the wetlands line.
The Conservation Officer noted that they are taking down an existing structure and it is a previously developed lot outside the Commissioner’s 50’ no disturb zone. His recommendation to the Commission would be a Negative Determination of Applicability with sediment controls.
Motion: Commissioner Berry motioned to issue Negative Determination of Applicability with sediment controls for 157 Hersey Street.
Second: Commissioner Coughlin In Favor: All Opposed: None
Commissioner Babin read the usual information dealing with Notices of Intent.
Notices of Intent
132 Hobart Street - DEP SE 34 1014 - Continuance
Applicants: Jan & Dan Parry / Representative: Brooke Monroe – Pinebrook Consulting
Applicants presented:
• Septic plan to show elevations of the yard
• Landscaping plan to show design and placement of rain gardens
• Drywells (3 feet wide by 5 feet deep) will be behind the garage on each corner and driveway has been extended and moved down so that they won’t back into the rain garden.
Conservation Officer noted that revised information meets with the approval of the Conservation staff and the applicants have addressed all the concerns presented by the Commission from the last meeting.
Commissioner Babin opened the hearing to the public. No questions.
Motion: Commissioner Berry motioned to close the hearing and direct the Conservation staff to prepare an Order of Conditions for 132 Hobart Street.
Second: Commissioner Perry In Favor: All Opposed: None
4 Button Cove Road - DEP SE 34 1011- Reopen Hearing
Applicant: Elizabeth Sullivan / Representative: Gregory Robbins – Vine Associates
Commissioner Babin gave an update on the past hearing conducted.
Motion: Commissioner Nielsen motioned to reopen the hearing for 4 Button Cove Road at the request of the applicant. Second: Commissioner Coughlin In Favor: All Opposed: None
Presentation by Greg Sullivan:
• Thanked the Commission for allowing applicant to present additional/revised information
• Revised plan has been presented to most of the abutters and received their support of the revisions
• Proposed access pier has been modified to mirror the adjacent piers and floats in that part of the harbor
• Proposed float has been moved landward to the seaward edge of the boulder field
• Fixed portion of the structure has been reduced in length by 15 feet
• Revised pier now extends 79 feet into the Harbor from the seawall
• Combined length of the pier, gangway and float extending into the harbor is 117 feet
• Photographs presented.
Discussion:
• Greatest concern was the length
• Need to refresh the Commission on the results of the Shellfish study
o Shellfish survey found no significant shellfish - no soft shell clams were found, a few scattered individual mussels were on the site.
Conservation Officer:
• Applicant and representative have achieved what the Commission was looking
• Worked with the abutters
• One abutter came into the office today to note their support for the revisions
Commissioner Babin opened the hearing to the public.
Abutter – 1 Button Cove – supports the new revised plan.
Commissioner Babin closed the hearing to the public.
Motion: Commissioner Berry motioned to close the reopened hearing and direct the Conservation staff to prepare an Order of Conditions for 4 Button Cove Road.
Second: Commissioner McIsaac In Favor: All Opposed: None
Informal Discussion
Ward Street Turf Fields Project – Ward St.-Redevelopment Margett’s Field/Lacrosse Field-No DEP #/comments as of 11/12/09
Applicant: The Ward Street Turf Fields Fund c/o Jeffrey A. Tocchio, Esq. / Rep.: Sterling Wall, Tetra Tech Rizzo
D.J. McKinnon – Volunteer on the project
• Trying to find a location in town to build turf fields
• A lot of games and practices in Hingham can’t be play due to the lack of turf fields
• Usage is beating up the current fields with a variety of sports
• Worked with the Recreation Department and other groups in Town to find potential locations
• With the variables working with, ended up focusing on Ward Street area
• Existing field with land controlled by the Recreation Department
• To the North the land is controlled by the Selectmen where we are looking to build a 2nd field
• To the East direction is the land controlled by the Conservation Commission
• Proposed work is on the land controlled by the Selectmen and the Recreation Department
• Cost and expenditure will be done as a donation to the Town of Hingham
• Long term we expect that the Recreation Department will continue to oversee the fields.
Rick Alphonso – Tetra Tech Rizzo
• Made the NOI filing last Monday to the Conservation Office and DEP
• Informal discussion
• Wetland that raps around the upland piece, which is the existing field
• Pathway and grass meadow north of the field
• Another path that works it way up to the Plymouth River School
• BVW that wraps around the upland
• Wetland has been flagged – on plans yellow is BVW, orange is 50 foot set back, green 100 foot set back
• Two parcels working on (Recreation and School) total 55 acres
• Conservation Commission parcel is 28 acres
• Other Resources
o Man made dug trench at the north end of the meadow, documented as an intermittent stream
o Existing stone culvert that is collapsing and will be fixed as part of this proposed project
o Currently one access egress point that enters into a gravel parking area for approximately 70 cars
o Potential vernal pool on the site, has been flagged
o Drainage, soils are well drained, sand and gravel, not much runoff
o What runoff that does flow from the site is to the south, north and east into the existing wetlands
o Challenge – two BVW’s that must work around
• Plan
o Construct two turf fields made of synthetic fiber which looks like grass
o Made up of rubber and sand particles which are dropped into the fiber to force fiber to stand up
o Proposing two lighted fields
o Air supported bubble so fields can be used year round, put up in Dec.; taken down in March/April
o Proposing two new driveways and gravel parking areas
o Low impact design will be used where ever we can do that
o Drop off areas, Concession Building, Public Bathrooms are proposed
o Seating for 800 people – 600 on home side, 200 on visitor side
o Team Rooms with Bathrooms and Equipment Room
o Parking – did counts at football and lacrosse games, lacrosse, Old Colony League Games
o Proposing @ 202 parking spaces around the field for the everyday events
o Plymouth River School has additional area for 270 cars for parking
o Improve existing walkway up to the School
o Replace the broken culvert
o Twelve foot wide pedestrian lighted walkway
o Capacity for 470 cars
o Donors goal is to see children playing on fields spring of this year
o Phasing Plan is to start construction during the winter
o Construction of the field at the North end of the site
o Put in parking and drive way
o Existing field will remain in place during construction
o Fundraising continues for the southerly field
o Low impact Development will be used wherever possible
o Fields themselves, water that hits the field will percolate down through into a crushed stone sub base sheet
o Parking lots will be gravel, porous pavement – will discharged to water quality swales by sheath flow, retention basins have 4 bays and sediment collection areas
o Culvert to be possibly submerged and the stream bottom will replicated with stone and gravel for wildlife passage
o BVW Resource areas are not being directly impacted
o Plan to stay 100 feet away from the vernal pool
o There are 2 locations that will be working in the 50 foot buffer
o Walking trail parcels will be enhanced
o Would like to have a site walk for the Commissioners.
Questions from the Commission
• Is it the intent that the football will replace the field at the high school?
o Viewed as new resource for the Town, under control of the Recreation Commission, our sense is that the football practice will still continue at the High School except during weather issues, view the use primary for youth sports.
• What is the lead content in the turf proposed?
o Technology and the quality and the materials of the fields have improved.
• What are the Bubble Dimensions?
o Inflatable, supported by air blown into the structure – 250’ wide by 350’ long, 80’ high feet
o Foundation for the bubble needs to get put in when the bubble is being installed
o Cost of the foundation is @ ½ million dollars
o Lighting is inside the bubble, surface of the bubble is opaque, lights are hung from the structure itself
o Drainage in the south end of the field will handle a roof.
• Commissioners observation-A vernal pool has been missed, as it dries out in the summer
• A road that close to a vernal pool would have an impact on the wetlands
• Bylaw also protects Recreation, trade off for different types of Recreation – snow sports will be less utilized in the fields
• Substantial grassland loss for birds
• Are you aware of the fact that any permit has an appeal period, very aggressive schedule is proposed
• Stake the corners and mark them for the site visit
• Commissioners schedules would not allow for a site walk before the 11/30/09 hearing
Jeff Tocchio
• Stormwater reports that have been submitted – is there a preference that they be peered review by a consultant that Conservation and Planning Board can engage now?
• Sooner the better in favor of the project and better use of the money
• Suggestion is John Chessia
Commissioner Babin noted to the public that this is an informal discussion, not a public hearing, however he will entertain brief comments and thoughts of what you would like to see in the public presentation before the Conservation Commission
Tom Burbank – 17 Andrews Isle
• Tufts in the field – what type of drainage will you have to keep that from running off
• Drainage that comes off the bubble is that integrated in with the foundation underneath it
8 Berkley Circle – Concern for the displacement of all the wildlife – where will they go?
Ed Johnson – Ward Street – water levels are high, what will this do to the water levels? Concerned that they are trying to fast track development into a pristine area.
John Clifton – 100 Cushing Street – How many acres of turf is it? What % is turf? Wants to know more about the bubble, is it the same design as the one that collapsed in Bridgewater? Water problems occur on that side of town. The meadow is a very unique piece of nature and the elimination will have a negative impact on the environment.
John Hersey – vernal pool is a concern, listen to the water problems, wetlands and water – also what how will the traffic be impacted.
Jim Clark – ½ million on the foundation – when is the 2nd bubble going up?
Meeting Adjourned at 8:45 p.m.
Respectfully submitted,
_________________________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 11/30/09.