Hingham Conservation Commission
Meeting Minutes
Conservation Minutes - April 5, 2010
Present: Carolyn Nielsen, Chairperson, Charles Berry, Vice-Chair, Robert Perry, Scott McIsaac, Nina Villanova, Daniel Coughlin and Cliff Prentiss, Conservation Officer
Absent: None
CONSERVATION AGENDA
7:00 PM Old/New Business
Approve Draft Minutes - 3/25/10 – Site Visit
Ratify Emergency Certification – Triphammer Pond
Foundry Pond (DEP SE 34 1026) Meeting with DEP on April 6, 2010 @ 2:00 p.m. and site visit
Request for Certificate of Compliance – 186 Otis Street (Amended DEP SE 0940) – Applicant – Susan Genest
7:15 PM Requests for Determination of Applicability
23 Bel Air Road
Applicant: Edward Goldfarb / Dana Altobello – Merrill Associates, Inc.
Routes 3, 3A, and 53; Derby Street, Summer Street, Rockland Street and George Washington Boulevard
Applicant: Mass. Department of Transportation – Thomas McGuire
Route 3
Applicant: Mass. Department of Transportation – Thomas McGuire
229 Ward Street
Applicants: Theresa and Nick Katsilieris / Representative: John McArdle - CMSR Services
515 Main Street
Applicants: Steve and Helga Garland / Representative: Kevin Kieler – Brady Built Sunrooms
7:30 PM Notices of Intent
11 West Street – No DEP Number or comments as of 3/31/10
Applicants: Walter & Jennifer Bastis
44 Canterbury Street – No DEP Number or comments as of 3/31/10
Applicant: Barbara Schmitt / Representative: Paul Shea – Independent Environmental Consultants, Inc.
Chief Justice Cushing Highway – DEP SE 34 1021 - Continuance
Applicant: Thomas Iaria / Representative: Gary James – James Engineering
9 Sharp Street – DEP SE 34 1025 - Continuance
Applicant: Erik Koplovsky, 9 Sharp Street LLC / Representative: David Kelly, Kelly Engineering
Executive Session
Old/New Business - Meeting came to order at 7:15 p.m.
1. Approve Draft Minutes - 3/25/10 – Site Visit
Discussion: Minutes of 3/25/10 were reviewed for the site visit to Bentley.
Motion: Commissioner Coughlin motioned to approve the 3/25/10 minutes as presented.
Second: Commissioner Villanova In Favor: All Opposed: None
2. Approve Draft Minutes - 3/22/10
Discussion: Edits were discussed and noted for 3/22/10.
Motion: Commissioner McIsaac motioned to approve the 3/22/10 minutes as amended.
Second: Commissioner Perry In Favor: All Opposed: None
3. Ratify Emergency Certification – Triphammer Pond
Discussion: The Conservation Officer noted with the heavy rainfall, the dam at Triphammer Pond was in danger of failing. Funding may be available to absorb the cost because a state of emergency was declared by the State.
Motion: Commissioner Coughlin motioned to ratify the Emergency Certification for Triphammer Pond.
Second: Commissioner Villanova In Favor: All Opposed: None
4. Foundry Pond Update
Discussion: The Conservation Officer noted that SERO DEP has decided to do an intervention. A meeting is scheduled with SERO DEP, Coastal Zone Management and GZA to discuss the issues.
Requests for Determinations of Applicability
1. 23 Bel Air Road - Applicant: Edward Goldfarb / Dana Altobello – Merrill Associates, Inc.
Presentation – Mr. Goldfarb
Proposed work includes grading, retaining wall construction and landscaping associated with the installation of a pool and fencing. Pool is located outside the buffer zone. There will be a natural grade to the pool. Staked hay bales and siltation fencing has been installed for erosion control. Photos handed out of where the proposed work will be done.
Conservation Officer
Presently it is a lawn area. Request will be easy to condition with the maintenance of the sediment barriers
during the proposed construction project.
Commissioner Nielsen opened the hearing to the public. No comments.
Motion: Commissioner Coughlin motioned to close the hearing and issue a Negative Determination for 23 Bel Air Road with erosion controls.
Second: Commissioner McIsaac In Favor: All Opposed: None
2. Routes 3, 3A, and 53; Derby Street, Summer Street, Rockland Street and George Washington Boulevard
Applicant: Mass. Department of Transportation – Thomas McGuire
Presentation – Mr. McGuire
Proposed project is for the trimming or removal of all dead, dying or unsafe trees within the State Highway layout plan that present a hazard to the roadways, pedestrians, and or residences. Mostly oak trees damaged by gypsy moths will be trimmed or removed. Contractors are on board now to start the work in the worst spots.
Commissioner Nielsen noted that there has been a letter submitted from R. Clough-127 Whiting St. wanting assurance that no cutting will be done on his property.
Commissioner Nielsen opened the hearing to the public. No comments.
Conservation Officer noted that he concurs with the plan presented.
Motion: Commissioner Berry motioned to close the hearing and issue a Negative Determination for Routes 3, 3A, and 53; Derby Street, Summer Street, Rockland Street and George Washington Boulevard for the above work discussed.
Second: Commissioner Villanova In Favor: All Opposed: None
3. Route 3 - Applicant: Mass. Department of Transportation – Thomas McGuire
Presentation: Mr. McGuire
Proposed work is an annual vegetation management program that consists of the application of herbicides approved for use in sensitive areas within the state highway rights of way at spot locations. Locations are beneath median, roadside, ramp guardrail, within crevices between pavement and curbing or edging, and in between and under jersey barriers. Explained the delineator coloring system of markers. It is a highly regulated program with licensed contractors to do the work.
Conservation Officer noted that this is done within a maintenance cycle. As a courtesy, they come in and file and speak to the Commission.
Commissioner Nielsen asked about high-risk areas. Mr. McGuire noted that they have already been flagged.
Commissioner Nielsen opened the hearing to the public. No comments.
Motion: Commissioner McIsaac motioned to close the hearing and issue a Negative Determination for Route 3 – application of herbicides at spot locations under an approved Vegetation Management Plan.
Second: Commissioner Berry In Favor: All Opposed: None
4. 229 Ward Street
Applicants: Theresa and Nick Katsilieris / Representative: John McArdle - CMSR Services
Presentation: Mr. McArdle
Homeowners formerly received an Order of Conditions for an in ground pool which is between the proposed work area and wetlands. Proposed project is to build a 10’ x 18’ sunroom on an existing deck with no additional support or digging required. Materials will be staged on the other deck. Project is 63 feet from the wetlands.
Conservation Officer noted that both the pool and the proposed sunroom are within 100 feet of the wetlands, which is under the jurisdiction of the Wetlands Protection Act. Many properties within the last two weeks have experienced erosion problems due to the storms. Proposed project would be acceptable with sediment controls.
Commissioner Nielsen opened the hearing to the public. No comments.
Motion: Commissioner Berry motioned to close the hearing and issue a Negative Determination for 229 Ward Street with erosion controls.
Second: Commissioner Coughlin In Favor: All Opposed: None
5. 515 Main Street
Applicants: Steve and Helga Garland / Representative: Kevin Kieler – Brady Built Sunrooms
Presentation – Mr. Kieler
Proposed project is to replace the current sunroom (14’ x 24’) deck structure with a new sunroom of the same size. Contractor will use manual labor to remove existing sunroom and will use a helix screw system to replace any deteriorated sono tubes. There will be no excavation or mixing of concrete on site.
Conservation Officer would like to see erosion controls set up to protect the stream behind the home.
Commissioner Nielsen opened the hearing to the public. No comments.
Motion: Commissioner Villanova motioned to close the hearing and issue a Negative Determination for 515 Main Street with erosion controls.
Second: Commissioner McIsaac In Favor: All Opposed: None
Commissioner Nielsen read the usual information dealing with Notices and reminded the public to sign in.
Notices of Intent
1. 11 West Street –DEP SE 34 1032 - Applicants: Walter & Jennifer Bastis
Presentation: Bonnie Hobbs
Proposed additions - (1 story addition, deck, 2 story addition) to a single-family home within 100-feet of the buffer. The home is not located in the flood zone. One portion of the design will be removing the porch and concrete pads, which will make the site less impervious. Porches and decks will be done with sono tubes.
Conservation Officer concurs with the wetland delineation and that the home is not in a flood zone. Proposed project could be conditioned along with erosion controls.
Commissioner Nielsen opened the hearing to the public. No comments.
Motion: Commissioner Coughlin motioned to close the hearing and issue an Order of Conditions for 11 West Street with erosion controls.
Second: Commissioner Villanova In Favor: All Opposed: None
2. 44 Canterbury Street – DEP SE 34 1031
Applicant: Barbara Schmitt / Representative: Paul Shea – Independent Environmental Consultants, Inc.
Presentation: Paul Shea
Proposed project is to renovate and expand the existing residential home. Home will be connected to the existing sewer line; install utilities, associated grading and landscaping will be done. Alterations are occurring within the 100-foot buffer zone of a BVW and an intermittent stream. Erosion controls (staked hay bales) will be used to protect the wetlands.
Conservation Officer: Concurs with the wetland delineation and the erosion controls. A stub was left for this home to be connected to the sewer. Water in the intermittent stream originates in wetlands above the property and an abutter put in a drain line.
Commissioner Coughlin had a question regarding the porch.
Commissioner Nielsen opened the hearing to the public. No comments.
Motion: Commissioner McIsaac motioned to close the hearing and issue an Order of Conditions for 44 Canterbury Street with erosion controls.
Second: Commissioner Villanova In Favor: All Opposed: None
3. Chief Justice Cushing Highway – DEP SE 34 1021 - Continuance
Applicant: Thomas Iaria / Representative: Gary James – James Engineering
Presentation: Mr. James indicated that they are back tonight since Mr. Cushing, an abutter, wished to look at the revised plans submitted at the last meeting. Mr. James does not have anything further to present to the Commission for the cranberry bog.
Commissioner Nielsen opened the hearing to the public.
Mr. Cushing thanked the Commission and Representative for the time to review the revised plans.
Questions from Mr. Cushing:
• 100-foot buffer goes into an area on Mr. Cushing’s property which could become buildable lots
• If a bog is not active does it goes back to wetlands and perhaps increase the wetlands?
Conservation Officer noted that the Commission cannot make a ruling on what an abutter may or may not do with in the future on the property.
No comments from the Commission. Commissioner Nielsen opened the hearing to the public. No comments.
Motion: Commissioner Berry motioned to close the hearing and issue an Order of Conditions for C.J. Cushing Highway for the proposed organic cranberry bog with a condition to be noted that no herbicides or pesticides can be used on the bog in perpetuity.
Second: Commissioner Coughlin In Favor: All Opposed: None
4. 9 Sharp Street – DEP SE 34 1025 - Continuance
Applicant: Erik Koplovsky, 9 Sharp Street LLC / Representative: David Kelly, Kelly Engineering
Presentation: David Mackwell – Kelly Engineering
Applicant is filing a NOI to build a 15,000 square foot building and must cross a wetland with a bridge to get access to the uplands. NHESP has emailed approval and a copy of this email is in the supplemental Notice of Intent Review. Comments to address Mr. Chessia’s review letter of April 5, 2010 have been provided tonight via email from Brandon Li.
Mr. Chessia summarized his April 5th letter and has not had a chance to review emails from Brandon Li which came in tonight so additional time will be needed. Three issues were presented from Mr. Chessia’s 4/5/10 peer review:
• No test pit information
• Calculations for storms do show an increase and applicant may want to bump up the system
• TSS Calculations need to be updated
Commissioner Nielsen noted that since this is a challenging area of town the applicant may want to follow Mr. Chessia’s suggestion to bump up the system.
Commission discussed and gave a verbal okay for the applicant to do the test pits with a temporary structure to come over the wetlands to cross at the culvert.
Commissioner Nielsen opened the hearing to public comment. No comments.
Motion: Commissioner Berry motioned for a continuance to May 3, 2010 with the applicants consent for 9 Sharp Street.
Second: Commissioner Villanova In Favor: All Opposed: None
Request for Certificate of Compliance
1. 186 Otis Street (Amended DEP SE 0940) – Applicant – Susan Genest
Conservation Officer noted that the project has been completed according to the Order of Conditions.
Motion: Commissioner Berry motioned to issue a Certificate of Compliance for 186 Otis Street.
Second: Commissioner Villanova In Favor: All Opposed: None
Commissioner Nielsen noted that she would be away till June 8, 2010.
Commissioner Nielsen asked the Commission to vote to go into Executive Session. Commission will not be returning to a public session once the Executive Session ends.
Motion: Commissioner Perry motioned to go into Executive Session.
Second: Commissioner Villanova
Commissioners were polled individually In Favor: All Opposed: None
Meeting Adjourned at 9:20 p.m.
Respectfully submitted,
_________________________
Cliff Prentiss, Conservation Officer Approved as amended on 05/17/10.