HINGHAM CONSERVATION COMMISSION
December 28, 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,
Nina Villanova
Absent: Robert Perry, Cliff Prentiss-Conservation Officer
CONSERVATION AGENDA-December 28, 2009
7:00 PM Old/New Business
Approve Draft Minutes - 12/14/09
FYI - Town Meeting Articles due in by January 20, 2010
Discussion
230 Ward Street – Violation – Enforcement Order
7:15 PM Requests for Determination of Applicability
5 Weir River Lane
Applicants – Danielle and Eugene Buczynski
7:30 PM Notices of Intent
Chief Justice Cushing Highway – No DEP number or comments as of 12/23/09
Applicant: Thomas Iaria \ Representative Gary James – James Engineering
Old/New Business – Meeting called to order at 7:08 p.m.
1. Approve 12 14 09 draft minutes
Discussion: Edits were discussed and noted.
Motion: Commissioner Coughlin motioned to approve the 12/14/09 draft minutes as amended.
Second: Commissioner Berry In Favor: All Opposed: None
2. Town Meeting Articles due in by January 20, 2010.
Commissioner Babin noted that there is the potential that Conservation will be submitting an Article for the dredging project for Foundry Pond.
3. Discussion: 230 Ward Street – Violation – Enforcement Order
Commissioner Babin presented this summary:
2 Issues
• Extent of the Review that will be forthcoming
• Request of the peer consultant for the Conservation Commission (Mr. Gaskell/SITEC) to visit the applicant’s property (Mr. Trifone) unaccompanied when the assessment is preformed
Commissioner Babin’s thoughts:
o Applicant wishes the review of his property be limited
o Commissioner Babin disagrees with the applicant’s position
o A full review is in order for 230 Ward Street
o The jurisdiction of the Conservation Commission is to look at anything on the property
o Agree with applicant that as a property owner they have a right to accompany that party or have a
representative accompany that party while the assessment is going on
• Commissioners Coughlin, Nielsen and McIsaac concur with Commissioner Babin’s comments.
Additional comments:
• Commissioner Nielsen noted that she disagrees with the comment in the letter dated 12/3/09
from the DeCelle Group in the (3rd paragraph) that “the Commission subsequent to the agreed upon determination in the field was to decide on mitigation, be it fill removal, plantings or a combination of both.”
• The visit in June was not a meeting of the Commission. It was a site review. Those present at a site review were not in a position to make any agreements. There was no agreement on the part of the Commission to limit the review.
James Burke, DeCelle Group – Applicant’s Representative
• Our position stemmed from the original NOI filing and it was deemed inadequate by the staff and an Enforcement Order was issued
• It was determined that “lets take care of one thing at a time” – the Enforcement Order
• I apologize for misunderstanding about what I inferred at the site walk and would like to go forward
• On the site walk it was noted that there is fill here, we don’t know the extent of the filled locations, lets figure out where those are
• This is where we came from the letter (Scope of Services)
• Letter and budget from SITEC does correlate with an entire lot review
• This entire lot review is an investment for Mr. Trifone and we would like the opportunity to use that line in the future since the applicant doesn’t have an ANARD in front of the Commission
• Consultant is welcomed to come on the property and do his thing, and we reserve the right to observe his flags with our experts if there are issues
• We can move forward with SITEC and will have someone representing the applicant accompany SITEC on their assessment.
Request for Determination of Applicability
5 Weir River Lane
Applicants – Danielle and Eugene Buczynski
Presentation:
• Applicants wish to turn one car garage into a family room
• Will require replacing foundation with a crawl space, staying within the same footprint.
Discussion Conservation Commission:
• Indicated distances need to be indicated on the Assessors map; as it is not clear on how far the project is to the wetlands
• Pictures of the area would help
• Conservation staff will go out and measure/verify distances.
The applicants are in agreement to continue their hearing to January 11, 2010 to submit the additional information noted above.
Commissioner Babin read the usual information dealing with filings.
It is noted that Commissioner Babin recused himself from the following NOI and Commissioner Nielsen took the Chair.
Notices of Intent
Chief Justice Cushing Highway – No DEP number or comments as of 12/23/09
Applicant: Thomas Iaria \ Representative Gary James – James Engineering
Presentation:
• Development of a proposed 20,000 sq. ft. organic cranberry bog on existing undeveloped heavily wooded land between Kilby and East Streets
• Parcel has a drainage swale (man made drainage ditch which shows signs of excavation to create depth)
• Stream is intermittent
• Portion of the parcel flagged in October 2009
• Existing cart path that runs from the paved surface of C.J. Cushing Hwy. down to the culvert and onto the parcel
• Proposed organic fertilizer use
• Proposed installation of a water supply cistern and small pump house
• Excavated material will be removed from the site
• No impervious surfaces are associated with the proposed development areas
• No stormwater treatment is required – Bog will act as a retention basin
• Any run off will flow back to the bog and act as a natural detention/retention basis
Commission Discussion:
• Information is needed on a soils analysis
• What type of organic fertilizers and pesticides will be used and frequency
• Looking for additional wetland information on other parcels in the area – are other bodies of water interconnected?
Commissioner Nielsen opened the hearing to the public.
Mike Cushing – Abutter to the project
What is the impact to the neighboring piece of land when flooding occurs?
Gary James noted that the bog will act as a detention/retention basin.
Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Berry motioned to continue the hearing with the applicant’s permission to January 25, 2010.
Second: Commissioner Villanova In Favor: All Opposed: None
It is noted for the record that Commissioner Babin did not vote.
The Chair was returned to Commissioner Babin.
Commissioner Babin read a thank you note from Regina Hickey-Wetlands Clerk to the Commission.
Commissioner Babin noted to the Commission that he would be moving in February 2010 if his new residence is ready and the Commission should reorganize at the next scheduled meeting.
Meeting Adjourned at 8:05 p.m.
Respectfully submitted,
_________________________
Linda Defreitas, Conservation Secretary Approved as amended on 01/11/10.