Hingham Conservation Commission
Meeting Minutes
July 19, 2010 @ 7:00 PM Central Meeting Room North
Present: Carolyn Nielsen, Chair, Charles Berry, Vice Chair, Robert Perry, Scott McIsaac, Nina Villanova, Daniel Coughlin and Cliff Prentiss, Conservation Officer
Absent: None
CONSERVATION AGENDA-July 19, 2010
Hingham Town Hall – Central North – 2nd Floor
7:00 PM Old/New Business
Approve Draft Minutes – 6/7/10, 6/21/10
C. J. Cushing Highway – DEP SE 34 1021 – Correspondence dated 6/11/10 from Daniel Singleton, Attorney
FYI-New Changes to the Open Meeting Law–Municipal Client Advisory dated 11/09 from Murphy Hesse Toomey Lehane
Conservation Easement to TOH – South Shore Baptist Church hosting a ceremony on 7/22/10 at 6:00 p.m.
7:15 PM Requests for Determination of Applicability
38 Planters Field Lane – Demolition of existing home and construction of new dwelling
Applicant: Michael MacCune / Representative: Dick J. Kehoe
197 Lazell Street – Replacement of timber retaining wall and construction of a new stone retaining wall
Applicant: Michele Henderson / Representative: Matthew Nicholls, M.J. Nicholls Landscaping, LLC
7:30 PM Notices of Intent
134 Rockland Street - DEP SE 34 1041 – Construction of new dwelling and site amenities
Applicant: Clifford Boyle / Representative: Brendan Sullivan, Cavanaro Consulting
205 Otis Street – DEP SE 34 1042 – Renovations to existing dwelling
Applicant: Joshua Cummings / Representative: Roger Hoit, Roger Hoit Architects
9 Sharp Street – DEP SE 34 1025 – Continuance – Construction of new commercial building
Applicant: Erik Koplovsky, 9 Sharp Street LLC / Representative: David Kelly, Kelly Engineering
Ward Street Turf Fields Project – DEP SE 34 1016 – Continuance – Reuse and expand Margett’s Field
Applicant: The Ward Street Turf Fields Fund c/o Jeffrey A. Tocchio, Esq. / Rep.: Sterling Wall, Tetra Tech Rizzo
Certificates of Compliance
20 Minuteman Road – DEP 34 705 – Applicant: Margaret A. Vallen Mashikian
Old/New Business
1. Approve – 6/7/10, 6/21/10 draft minutes
Discussion: 6/7/10 draft minutes reviewed, no edits were necessary. Edits were discussed for the 6/21/10 draft minutes.
Motion: Commissioner Villanova motioned to approve the 6/7/10 as written and the 6/21/10 minutes as amended.
Second: Commissioner Berry In Favor: All Opposed: None
2. C. J. Cushing Highway – DEP SE 34 1021 – Correspondence dated 6/11/10 from Daniel Singleton, Attorney
Applicant (Mr. Iaria) was issued the OOC however cannot record the Order in Land Court until he owns the property. The buyers (Iaria) and the sellers (A. Shaughnessy, K. Amonte) are in agreement that they would like to start the work on the cranberry bog as soon as possible. They are requesting the Commission to waive the requirement of recording until Mr. Iaria takes title and allow work to begin in the summer.
Discussion: Conservation Officer does not see any problems with the clearing of the land before the recording of the OOC as there is a number of safeguards in place and the landowners are taking the risk. Commissioner Nielsen: Would like to have something on paper, just in case it ended up in court. Commissioner Nielsen noted why couldn’t the Executor record the OOC? The Conservation Office will contact the Attorney.
3. Commissioner Nielsen thanked Commissioner Berry for chairing while she was away on family business.
4. Commissioner Nielsen reviewed the summary provided by Town Counsel on the new Open Meeting Law went into effect on 7/1/10.
5. Conservation Easement to TOH – South Shore Baptist Church hosting a ceremony on 7/22/10 at 6:00 p.m.
6. New agenda items added per request of the Conservation Officer – 257 South Street and 6 Winfield Road – land donations to the Conservation Commission. Paperwork needs to be re-signed by the Commission and Board of Selectmen as the originals sent to Counsel for the Town have been misplaced.
Request for Determination of Applicability
1. 38 Planters Field Lane – Demolition of existing home and construction of new dwelling
Applicant: Michael MacCune / Representative: Dick J. Kehoe –
See file for plans and photos presented.
Presentation: Existing dwelling will be demolished and a new dwelling will be built. New home is going up on a ledge outcrop. Blasting will need to be done. The closest work is 106 feet to the wetland resource.
Discussion: Conservation Officer noted that the staff concurs with the wetlands line presented. Recommends the issuance of a Negative Determination with erosion controls with a limit of work line established.
No comments from the Commission or public on the filing.
Motion: Commissioner Coughlin motioned to close the hearing and issue a Negative Determination of Applicability with a limit of work line and erosion controls for 38 Planters Field Lane.
Second: Commissioner McIsaac In Favor: All Opposed: None
2. 197 Lazell Street – Replacement of timber retaining wall and construction of a new stone retaining wall
Applicant: Michele Henderson / Representative: Matthew Nicholls, M.J. Nicholls Landscaping, LLC
See file for plans and photos presented.
Presentation:
There is a lawn area in the back yard with a timber retaining wall that is about to collapse. Applicant would like to replace the failing timber wall with a new stone retaining wall. Wetlands are present behind the retaining wall.
Discussion: Conservation Officer concurs with presentation by Representative, it is a very straightforward project. Suggested the filing for a paperwork trail.
No comments from the Commission or public on the filing.
Motion: Commissioner Villanova motioned to close the hearing and issue a Negative Determination of Applicability for 197 Lazell Street.
Second: Commissioner McIsaac In Favor: All Opposed: None
Commission Nielsen read the usual information dealing with hearings.
Notices of Intent
1. 134 Rockland Street - DEP SE 34 1041 – Construction of new dwelling and site amenities
Applicant: Clifford Boyle / Representative: Brendan Sullivan, Cavanaro Consulting and Builder – Mike Kipikas
See file for the following information presented:
NOI Application for 134 Rockland St. as prepared by Cavanaro Consulting dated (signed) 7/1/10
Plan to Accompany NOI, 134 Rockland St. 6/30/10, revised 7/7/10, 3-sheets.
Correspondence dated 7/19/10 from Division of Fisheries and Wildlife – Thomas French
Presentation
• Proposed construction of a new single family home, garage, grading, utilities and associated improvements in a vacant lot which was historically used in a stone quarry operation
• Resource Areas: Riverfront, Buffer Zone to a BVW, Bordering Land Subject to Flooding, Salt Marsh, Coastal Bank, Inland bank, flood plain
• Site is located within an ACEC associated with the Weir River, and partially located within an area of Estimate Habitat of Rare Wildlife
• All associated improvements are outside of the NHESP Estimated and Priority Habitat of Rare Species
• Project previously had an OOC in 1999 and 2003 for a home, pool and onsite septic system
• Under this new NOI, the pool has been removed and public sewerage will be installed, home is smaller in scale
• Project will be done in 2 activities
o 1st - construction of a driveway to provide access to the new dwelling – which will cross the 100’ outer riparian zone, the inner 100’ riparian zone will remain undisturbed
o 2nd – construction of the dwelling which is in the 100 foot buffer zone of the existing wetland resource area
o Sections of the existing cart path will be re-vegetated and will not become part of the proposed driveway
o Installation of siltation barrier during construction will be used to protect the resource areas from siltation.
Discussion: Conservation Officer
• Piece of property is starting to heal up from past usage as a quarry and the use of ATV’s on the site
• Habitat is now alive with various shore birds
• Staff concurs with wetland delineation. Question on how the riverbank was established? – (Rep. From the break in the salt marsh)
• Under the previous expired OOC, applicant ran into ledge while trying to do the septic system. Applicant can now tie into Rockland Street sewer. Suggest that as a condition that an alarm system be a requirement, along with no couplings, only 1 piece and manholes.
Commissioners Discussion:
• Construction of driveway materials – (Rep.: Asphalt to be used)
• Elevation of the home
• Concerned how to prevent sewage from entering the Weir River – what is the plan to protect it? Have they been before the Sewer Department yet to present plans? (Rep.: No)
• How was the wetland boundary established from the cliff and the drop to the water?
• Rep. : Line was taken from the 1999 and 2003 filings.
• Safety issue with the steep drop off into the pond. If fencing were installed, it would be within the 50-foot buffer
• Question needs to be explored if this is legally a single-family home lot or is it a subdivision, and then there would be the issue of Stormwater.
• One-ownership that broke up the lots into 3-4 lots (Applicant: Noted that the A&R plan was not put before the Commission.)
Commissioner Nielsen opened the hearing to the public.
Faith Burbank -Weir River Estuary Park
• Concerned project is in the ACEC and 100 year flood
• Are low impact development measures being considered for the driveway and roadway?
Bill Sarni – 10 Powers Lane
• Previously had stop work orders issued with the 2003 filing
• Applicant was filling in the pond with ledge
• Concerned that the ACEC will be infringed upon
• Heavy construction equipment was being used
• What protection will there be from run off from the road and from the home?
• Concerned also with the question of this being a subdivision vs. a single family lot filing.
Applicant noted that he had a mutual agreement with National Grid and they were utilizing the property.
Commissioner Nielsen closed the hearing to the public.
The Conservation Officer will meet with the Applicant’s Rep. to explore the subdivision question and other concerns with the plans. He also noted that his filing might need a peer review depending upon complexity.
Motion: Commissioner Berry motioned for a continuance to August 16, 2010 with the consent of the applicant for 134 Rockland Street - DEP SE 34 1041.
Second: Commissioner McIsaac In Favor: All Opposed: None
2. 205 Otis Street – DEP SE 34 1042 – Renovations to existing dwelling
Applicant: Joshua Cummings / Representative: Roger Hoit
See file for information presented:
NOI Application for 205 Otis St. as prepared by Roger Hoit Architects, dated 6/28/10
Plans to Accompany NOI, 205 Otis Street, Nantasket Survey Engineering
Existing 5/25/10 & proposed 6/8/10 – 2 Sheets, Plans by Roger Hoit – 6/22/10 – 8 sheets, Photos of the site
Presentation:
• Proposed 18-foot addition on the right side of an existing single family home. Addition will maintain the look of the existing home which will be done with sona tubes
• Retaining wall construction, stonework, blue stone paving, stonewall construction
• Repair of 60 foot private easement, concrete steps – construction will be maintained to the upper bank
• Maintaining all grass areas
Conservation Officer
• Parcel is subject to tidal actions
• All proposed work is confined to uplands, very straightforward, no resource areas are being effected
No questions from the Commissioners. Commissioner Nielsen opened the hearing to the public:
Abutter – 204 Otis Street
• Noted that the proposed addition will block ½ of his views
• Questions the legal status of the walkway for abutters
• Commissioner Nielsen noted that the abutter may want to research the walkway with Peter Rosen.
Applicant: Mr. Cummings
• Noted that the beach ramp has settled, trees are leaning toward the home and blocking public beach access
• Does not want to block public access, however, at this time, this filing does not deal with this issue
Commissioner Nielsen reminded the applicant to make sure that they come in front of the Commission when they are ready to do work in that area.
Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Villanova motioned to close the hearing for 205 Otis Street and issue an Order of Conditions.
Second: Commissioner Berry In Favor: All Opposed: None
3. 9 Sharp Street – DEP SE 34 1025 – Continuance – Construction of new commercial building
Applicant: Erik Koplovsky, 9 Sharp Street LLC / Representative: David Kelly, Kelly Engineering
See file for information presented.
Chessia Consulting Services report dated July 15, 2010
Discussion:
Conservation Officer noted that Applicant and Rep. have worked with all parties and our peer consultant.
The project at this time can be voted on and special conditions noted with post construction stormwater runoff through the 18-inch culvert under Sharp Street shall not be increased in flood height and peak rate through the culvert.
Brandon Li – Engineer
• Found a thin impermeable layer in the soil. Appropriate means will be used to meet stormwater management requirements.
• Natural Heritage has approved the project plans and a draft conservation restriction.
Commissioner Nielsen opened the hearing to the public. None present. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Coughlin motioned to close the hearing for 9 Sharp Street and issue an Order of Conditions.
Second: Commissioner Berry In Favor: All Opposed: None
4. Ward Street Turf Fields Project – DEP SE 34 1016 – Continuance – Reuse and expand Margett’s Field
Applicant: The Ward Street Turf Fields Fund c/o Jeffrey A. Tocchio, Esq. / Rep.: Sterling Wall, Tetra Tech Rizzo
See file for information presented.
Present Tonight for the Applicant: Robin McEwan, Nate Cheal, DJ MacKinnon, and Jeffrey Tocchio
Correspondence dated 6/3/10 from Richard Alfonso – Tetra Tech Rizzo
Natural Grass Playing Fields – Schematic Site Layout Plan – Rev. 6/3/10
Presentation: Jeff Tocchio – review of letter dated 6/3/10
• Existing Ward St. grass field (field 2) will remain natural grass in the same location
• Existing gravel parking area will remain in current location but will be upgraded with crushed stone & have 59 spaces
• Existing driveway will be retained and used as an access drive only – improved by regrading and resurfacing
• Proposed new north field (field 1) will be natural grass in the same location as the previously proposed turf field
• Lights-parking, and field, concession stand, subsurface disposal and the perimeter fencing around the two fields have been eliminated
• 8 foot high single line fencing will be at the end of each field to protect the public and cars
• Existing black coated wire fence remains at field 2 (Existing)
• New fencing will be provided at the north end of field 1 (new field)
• Stormwater detention basins are outside the 50 foot wide no touch buffer zone
Nate Cheal reviewed the schematic site layout plan dated 6/3/10
Robin McEwan from Stantec Consulting reviewed Wildlife Habitat Evaluation Report of April 2010-Prepared by Stantec Consulting, which can be referenced in the NOI file. Some of the points discussed were as follows:
• 2 site visits made in April 2010 to assess site
• Dominant white pine and oak forested area, and grasslands
• No important wildlife Habitat Features were observed in white pine area
• Potential vernal pool near C flags that is mapped and is greater than 100 feet from the proposed project
• Second visit was to assess vernal pool habitat – near D series flags – of an inundated depression shows limited vernal pool obligate species
• Size of potential unmapped vernal pool decreased, no evidence of obligate species found
• CAPS mapping was noted in GZA’s Wildlife report by M. Simoneaux–(5/14/10) which was done as a peer review for the Conservation Commission
• CAPS is not formally accepted by the DEP
Discussion:
Conservation Officer
• Nothing written has come in from the applicant regarding GZA’s wildlife assessment
• Larger vernal pool (D flagged area) hasn’t been addressed
• Retaining walls and fencing will be a barrier to wildlife
• Parking spaces could be reduced
• Drainage calculations have not been provided for peer review
Commissioners
• Would like to see a written response to GZA’s Wildlife report
• Area still suggests vernal pool. The applicant bears the burden of proof to provide a preponderance of creditable evidence that it is not a vernal pool
• The Commission can make a finding that a vernal pool is present
Robin McEwan from Stantec
• No egg masses, predators present - turtles
• Fishing line was found, Mallard Ducks in the D area
• Mr. Richardson’s data and observations were not accepted by Natural Heritage
Commissioner Nielsen
• Commission will take under consideration the question of whether the wetland D flagged area is a vernal pool
• The pool has no permanent inlet or outlet – all water present is ground water – no evidence of fish in pool
• Mr. Richardson has provided Commission with decades of his observations of presence of obligate species
• Natural Heritage did not accept data because it was submitted on the wrong form
• Rejection of data was not a reflection on its validity
• There is an unmapped area adjacent to the D flag series that has hydric soils – has not been shown on any plans
• Could be an isolated vegetated wetland
• Soils in this area need to be tested for hydric soils
Robin McEwan – it has been noted these soils were determined not to be hydric.
Commissioner Nielsen
• Assistant Conservation Officer has determined that the soils in question are hydric.
Jeff Tocchio
• Would like the record to show that the mapping had been done as a collaborative effort between the applicant and the Commission; the Line has been established for over a year
• Soils were determined not to be hydric. This wasn’t raised before.
Commissioner Nielsen
• Regarding the potential Isolated Vegetated Wetland: Border is at elevation 58, same as high water mark in D flag series pool, noted presence of stained leaves, hydric soils identified by Assistant Conservation Officer
• Regarding need for further wildlife study: Attended MACC class with Scott Jackson
• Concur that the CAPS maps are in draft form, however can be used for guidance and the Commission can make a finding of Important Habitat. Finding would trigger a wildlife evaluation of the entire project
• Commission is within protocol.
Commissioner Perry
• Where are the inlets and outlets?
Nate Cheal
• Wetland D – inlet and outlet flows down to intermittent stream out towards Plymouth River.
• Drainage is a hydrologic connect easterly direction
• Suggested there is street drainage from Ward Street
Commissioner Berry
• Area D looks more and more like a vernal pool, would like its status determined
• Would also like the soils in un-flagged potential isolated vegetated wetland south of the D Flag series looked at
• Groundwater hasn’t been high this year despite high rainfall in spring
• Vernal Pool doesn’t have to perform every year – some do not appear annually
• Due to the public interest, this parcel of land being town owned, the impact to wildlife needs a thorough review
Robin McEwan - Data shows no evidence of obligate facultative species
Commissioner Nielsen opened the hearing to the public.
Ed Johnson – 108 Ward Street - Electrical box – standing water. Water fluctuates up and down.
Resident - 185 Cushing Street – Sent in letters to Mass Wildlife and Duck Unlimited on the effect this project will have regarding stocking the stream (Plymouth River) with trout. Has the Commission had any feedback? Commissioner Nielsen: No correspondence has come into the office regarding the above.
Applicant was encouraged to pursue flexibility on the parking requirements with Planning Board and advised that the project may need to be reconfigured to accommodate respective buffer and protection zones if the D flag series pond is found to be a Vernal Pool and the un-flagged section is an Isolated Vegetated Wetland and potential vernal pool.
Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Villanova motioned for a continuance to August 16, 2010 with the consent of the applicant for Ward Street Turf Fields Project – DEP SE 34 1016.
Second: Commissioner Perry In Favor: All Opposed: None
Certificates of Compliance
20 Minuteman Road – DEP 34 705 – Applicant: Margaret A. Vallen Mashikian
The Conservation Officer noted that this project has been built as noted in the Order of Conditions.
Motion: Commissioner Coughlin motioned to issue a Certificate of Compliance for 20 Minuteman Road.
Second: Commissioner Berry In Favor: All Opposed: None
Meeting adjourned at 9:35 p.m.
Respectfully submitted:
Cliff Prentiss, Conservation Officer
_________________________
Approved as amended on 08/16/10.