Hingham Conservation Commission
Meeting Minutes
February 22, 2010
Present: Carolyn Nielsen-Chair, Charles Berry-Vice Chair, Daniel Coughlin, Scott McIsaac, Robert Perry, Nina Villanova, Cliff Prentiss – Conservation Officer
CONSERVATION AGENDA-February 22, 2010
7:00 PM Old/New Business
Approve Draft Minutes - 02/08/10
MACC Annual Conference reminder
Ward Street Fields - installed turf field at Bentley - possible site visit
Update on draft wetlands regulations
7:15 PM Request for Determination of Applicability
6 Elaine Road
Applicant: Eugene Babin / Representative: Gary James, James Engineering
7:30 PM Notices of Intent
Chief Justice Cushing Highway – DEP SE 34 1021 - Continuance
Applicant: Thomas Iaria / Representative Gary James – James Engineering
9 Sharp Street – DEP SE 34 1025
Applicant: Erik Koplovsky, 9 Sharp Street LLC / Representative: David Kelly, Kelly Engineering
5 Triphammer Road – DEP SE 34 1027
Applicant: Gerry Rankin / Representative: Paul Shea, Independent Environmental Consultants, Inc.
266 Whiting Street – No DEP Number or comments as of 2/17/10
Applicant: Attorney Adam Sullivan / Representative: Leo Garneau – Northeastern Consulting Forestry Services
20 Derby Street – DEP SE 34 1024 – Continuance
Applicant: Carlos Perez – Old Colony Montessori School, Inc. / Representative: Kelly Killeen – Coler & Colantonio, Inc.
Certificates of Compliance
10 Bradley Park Drive – DEP SE 34 0908
Applicant: Hingham Tennis Club
Old/New Business – Meeting came to order at 7:00 p.m.
1. Approve 2/08/10 draft minutes
Discussion: Edits were discussed and noted.
Motion: Commissioner Berry motioned to approve the 2/08/10 draft minutes as amended.
Second: Commissioner Coughlin In Favor: All Opposed: None
2. MACC Annual Conference reminder -
Commissioner Nielsen reminded the Commission that the annual conference is this Saturday, 2/27/10.
3. Ward Street Fields - installed turf field at Bentley - possible site visit
Commissioner Coughlin is looking into a site visit for interested Commissioners. Bentley’s Athletic Director will provide the site visit and discuss conservation issues they dealt with since it was installed near a stream.
4. Update on draft wetlands regulation
Commissioner Nielsen noted that Counsel for the Town is presently reviewing the draft regulations. Tentatively, a public hearing to discuss the draft will be held on March 1, 2010.
5. Meeting with Town Administrator (Kevin Paicos) and Town Counsel
The Conservation Officer and Commissioners Nielsen and Berry met with the Town Administrator and Town Counsel to review the status of outstanding legal actions dealing with the Conservation Commission. Mr. Paicos suggested that these meeting occur a quarter to see where the Commission is.
6. Draft conditions for the Foundry Pond dredging project were discussed.
Requests for Determination of Applicability
6 Elaine Road
Applicant: Eugene Babin / Representative: Gary James, James Engineering
Presentation: Gary James
Proposed repair of a portion of a subsurface sewage disposal system within the 100’ buffer to BVW. Existing laundry system is inside the buffer and will be abandoned. To connect the laundry discharge into the new system a 4” PVC building sewer will be installed with in 75’ of the resource to the proposed repair. The remainder of the repair is outside of the 100’ buffer. The existing system is in the front of the home. One tree will need to come down.
The Conservation Officer noted that this would be an improvement.
Commissioner Nielsen opened up the hearing to the public. No questions from the public. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Villanova motioned to issue a Negative Determination of Applicability for 6 Elaine Road.
Second: Commissioner Coughlin In Favor: All Opposed: None
Commissioner Nielsen read the usual information dealing with hearings.
Notices of Intent
1. Chief Justice Cushing Highway – DEP SE 34 1021 - Continuance
Applicant: Thomas Iaria / Representative Gary James – James Engineering
Presentation – Gary James - A revised plan dated 2/18/10 was handed out to the Commission. The Assistant Conservation Officer walked the wetlands line with Mario DiGregorio who delineated the property. The proposed discharge was moved out and the access road is now a pivot point. Calculations will need to be modified and resubmitted. The proposed bog is organic so no pesticides will be used. Mr. Cushing’s letter was received and will be responded to. A continuance will be needed.
Discussion:
Commissioner Berry wanted to know if the project could be moved so that only the cart path would be in the 50’ buffer.
Commissioner Nielsen opened up the hearing to the public. No questions from the public. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Perry motioned to grant a continuance for Chief Justice Cushing Highway to March 22, 2010 with the applicant’s consent. Second: Commissioner McIsaac In Favor: All Opposed: None
2. 9 Sharp Street – DEP SE 34 1025
Applicant: Erik Koplovsky, 9 Sharp Street LLC / Representative: David Kelly, Kelly Engineering
Commissioner Nielsen opened the hearing. A letter from the applicant was read noting that they wish to continue to 3/8/10.
Commissioner Nielsen noted that the upcoming agenda for 3/8/10 was full and in order to give this application a through review, the continuance request should be moved out to 3/22/10. This will also give the Commission’s peer reviewer, Mr. Chessia, adequate time to review and comment on the revised information that will be coming in.
Commissioner Nielsen opened the hearing to the public. None. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Berry motioned to grant a continuance for 9 Sharp Street to March 22, 2010.
Second: Commissioner Villanova In Favor: All Opposed: None
3. 5 Triphammer Road – DEP SE 34 1027
Applicant: Gerry Rankin / Representative: Paul Shea, Independent Environmental Consultants, Inc.
Presentation: Paul Shea - Proposed project is for a new single family home, attached garage, installation of a new Title 5 septic system, driveway, utilities and grading and landscaping. Proposed construction will occur within the 100’ buffer zone of the BVW that has been altered in the past due to vegetation removal. Erosion controls will be used to prevent sedimentation from draining down gradient into the adjacent wetland resource areas. The wetland resource areas are a BVW and intermittent stream.
A letter dated 2 22 10 from Division of Fisheries and Wildlife noted that the project will not adversely affect rare wildlife species as protected by state regulation.
Discussion - The Conservation Officer noted that most of the project is outside of the Conservation Commission’s jurisdiction. The Conservation staff does concur with the wetlands line depicted. An intermittent stream is not covered under the Wetlands Act.
Commissioner Nielsen opened the hearing to the public.
Lizzie Eldredge – 154 Union Street had several questions concerning the proposed project and what were the different setbacks dealing with the State Wetlands Act and the TOH Wetlands By-law.
Unidentified person – asking questions dealing with the proposed project.
Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Berry motioned to close the hearing for 5 Triphammer Road and issue an Order of Conditions.
Second: Commissioner Coughlin In Favor: All Opposed: None
4. 266 Whiting Street – No DEP Number or comments as of 2/17/10
Applicant: Attorney Adam Sullivan / Representative: Leo Garneau – Northeastern Consulting Forestry Services
Presentation: James George from T Mobile - Mr. George noted that Mr. Garneau will be at the next meeting since no DEP number or comments have been received as of tonight. Proposed project is for the installation of a communications cell tower and 2 utility poles. The foundation will have re-bar with concrete slab. Passive use-no lights, quiet, surrounded by bushes in a self-contained area. Antenna is inside. There will be no disturbance of the soil once it is down. Have filed with Zoning and Planning Board.
A portion of the proposed project is within the 100-foot buffer zone of a BVW. The entire project is within the 200 foot River front area. All proposed work is located in the second 100 feet of the Riverfront. A greenhouse will be torn down.
Conservation Officer noted that the owners of the property have done a tremendous amount of cleaning up of the property.
Conservation staff concurs with the wetlands delineation. A recommendation to the Commission is to close the hearing and issue the Order pending DEP issuance of a file number and comments instead of a continuance.
Commissioner Nielsen opened the hearing to the public. No comments. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Berry motioned to close the hearing for 266 Whiting Street and issue an Order of Conditions pending receipt of a DEP number and comments. Second: Commissioner Perry In Favor: All Opposed: None
5. 20 Derby Street – DEP SE 34 1024 – Continuance
Applicant: Carlos Perez – Old Colony Montessori School, Inc. / Representative: Kelly Killeen – Coler & Colantonio, Inc.
Commissioner Nielsen read a letter from the applicant’s representative requesting a continuance till 3/8/10.
Commissioner Nielsen opened the hearing to the public. No comments. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Villanova motioned to grant a continuance for 20 Derby St. with the applicant’s consent to 3/8/10.
Second: Commissioner McIsaac In Favor: All Opposed: None
Certificates of Compliance - 10 Bradley Park Drive – DEP SE 34 0908 - Applicant: Hingham Tennis Club
The Conservation Officer noted that due to the snow cover he has not been able to visit the site.
Meeting adjourned at 8:10 p.m.
Respectfully submitted,
__________________ Carolyn Nielsen, Chair Approved as amended on 03/08/10.