Hingham Conservation Commission
Meeting Minutes
HINGHAM CONSERVATION COMMISSION
September 13, 2010 - Minutes
7:00 pm Central Meeting Room North
Present: Carolyn Nielsen-Chair, Charles Berry-Vice Chair, Robert Perry, Scott McIsaac, Daniel Coughlin and Cliff Prentiss, Conservation Officer
Absent: Nina Villanova
Old/New Business
1. Approve Draft Minutes – 8/16/10
Discussion: Edits were discussed.
Motion: Commissioner Coughlin motioned to approve the 8/16/10 minutes as amended.
Second: Commissioner Perry In Favor: All Opposed: None
2. 82 Fort Hill Street
Conservation Officer noted that the owner has paid the back taxes and will direct Town Counsel to do the title search.
3. Conservation Restrictions – Katharine Reardon, Hingham Land Conservation Trust and John Davenport
All land acquired by the Town for Conservation purposes using CPC funding has to have a conservation restriction over the land held by an organization other than the Town and approved by the Secretary of the Ex. Office of Energy and Environmental Affairs. Hingham Land Conservation Trust qualifies and is willing to hold such restrictions.
Kathy Reardon and John Davenport volunteered to create the draft restrictions. A sample restriction was given to the Commission to review and discuss. The main impact of the Conservation Restrictions is to specify what activities on the parcels are prohibited, and the exceptions to such prohibitions and to provide a third part to monitor and enforce such prohibitions. The properties are Schultz’s Farm, McCormack Property, Condito property, land behind 730 Main Street, land adjacent to McKenna Marsh, Amonte Property, Cushing property and the former Mobile Gas station on Hingham Harbor. The Hingham Harbor parcel is under the Board of Selectmen.
Commissioners and Conservation staff shall review documents and offer comments. Documents will need to be approved by the Commission at a later point, Town Counsel, Selectmen and then sent to Secretary of Energy and Environmental Affairs.
4. Deer Hunting – 3 more hunters have written in for bow hunting for deer season
Commissioner Nielsen wanted to verify that if there if these 3 hunters were approved, will we be over a safe number of hunters on the land. Conservation Officer noted that approving these three, the numbers of hunters are still safe.
Motion: Commissioner Perry motioned to approve E. Ahlstedt, T.Bernstein and F. Gaul permission to bow hunt deer on approved parcels by the Conservation Officer.
Second: Commissioner McIsaac In Favor: All Opposed: None
Conservation Officer noted:
- Sgt. Horte has been incredibly helpful with his suggestions and will be working with him to draft 2011 rules and regulations and application.
- Will be posting signs (sample given out) – adapted from the Town of Sudbury.
- Have spoken to the Land Trust and Trustees about hunting and noted that it would be good to work together and Kathy Reardon will explore the issue with the Land Trust.
- Patriot Ledger had an article on hunting in the Blue Hills – Deer are overgrazing which is inhibiting other species and changing the vegetation cover.
Requests for Determination of Applicability
29 Beach Road – Applicant – Richard Hart
Plans presented are in file.
Presentation:
- Proposed construction of a deck on land that is presently patio steps and lawn
- Steps are included in the square footage of new work.
Conservation Officer:
- Home was built before the Wetlands Protection Act
- It is very small lot
- Lot is landscaped and hardscaped where the deck would be sited
- Deck will not take up flood storage as it is on pilings.
Commissioner’s Discussion
- Concerned since proposed project will be in the 50 foot no build area
- Do not wish to set a precedent
Conservation Officer
- Question to ask is will this proposed deck impact resource areas?
- Conditions can be noted on a Negative Determination that the deck cannot be altered in the future
Motion: Commissioner Berry motioned to approve a Negative Determination of Applicability with the condition in perpetuity that the deck cannot be altered or enclosed in order to create living space at 29 Beach Road.
Second: Commissioner McIsaac In Favor: All Opposed: None
193 Cushing Street – Applicants: B. and C. Wilk, Representative: Michele Simoneaux
Plans, photos presented are in the file.
Presentation:
- Property owners are proposing to remove an outbuilding from the lot to reconfigure lot lines via Zoning to make it more usable.
- Resource areas: isolated land subject to flooding and potential vernal pool
- Outbuilding will be removed, disturbed area to be re-graded and seeded with a conservation mix
Conservation Officer:
- Concurs with flagging
- Would like to see the burning bush, in the work area, now classified as an invasive, to be removed
- “Neatening up” of the area near the vernal pool is destroying habitat
- Would like to suggest to refrain working in this area and send a letter out to abutters about this
- Work proposed is an improvement over existing conditions.
Motion: Commissioner Coughlin motioned to approve a Negative Determination of Applicability with Conservation Officers proposed conditions for 193 Cushing Street.
Second: Commissioner McIsaac In Favor: All Opposed: None
Commissioner Nielsen read the usual statement dealing with notices.
Notice of Intent
143 Otis Street – Dep SE 34 1046
Applicant: Janet McCarthy, Rep: David McCarthy, Builder: Richard Kehoe
Plans, photographs presented are in the file.
Presentation:
- Proposed 8 x 24’ deck supported by sonotubes
- Photo presented from the early 1900’s showing barn/carriage house and conditions
Conservation Officer
- Concurs with flagging
- 100 year flood storm will bring flooding
- Needs to address stormwater
- Mitigation suggestions is to take out crushed stone area used to store boats and remove timbers on lawn
- Sono tubes will not impact harbor area even though in 50 foot no build area, not a new structure
- Remove float from storage on salt marsh
Commissioner Nielsen opened the hearing to the public. No questions or statements from the public. Commissioner Nielsen closed the hearing to the public.
No discussion from the Commission.
Motion: Commissioner Berry motioned to close the hearing for 143 Otis St. and issue an Order of Conditions.
Second: Commissioner McIsaac In Favor: All Opposed: None
Discussion
230 Ward Street – Mitigation Plan for Horse Farm
Plans and memo are on file.
Presenters: N. Trifone, Property Owner/ Representative James Burke, DeCelle Burke and Associates, Matt Long – Wetlands Specialist
Presentation:
- Horse farm has a long history
- SITEC went out and established a wetlands delineation
- Property owner (Mr. Trifone) concurs with SITEC’s findings
- See plan marked up by SITEC (dated April 6, 2010 by Applicant’s rep) and memo dated May 14, 2010 from SITEC
- Wetland Mitigation Plan (dated 08 17 10) discussed along with memo (dated 08 23 10) by James Burke of DeCelle, Burke and Associates and Matt Long reported on plantings, fill, grading, controls for erosion
Conservation Officer
- Mitigation plan is on target
- Looking forward to a resolution to these issues
- Suggest Commission decide if proposed work be done under the E/O or filing a new NOI
- Noted that the upland island proposal would be a good resource area for birds and other wild life habitat in the large wetland area.
Commissioners Discussion
- Paddocks removal from 50’ buffer zone would greatly enhance the woodland situation since paddocks were built without a permit from the Conservation Commission.
- Applicant was encouraged to submit a NOI addressing paddock removal.
Motion: Commissioner Berry motioned to go with the remediation plans presented, along with the island to be built for wildlife habitat at 230 Ward Street.
Second: Commissioner Perry In Favor: All Opposed: None
Orders of Conditions
134 Rockland Street – Clifford Boyle
Conservation Officer spoke to the Sewer Department about the bentmite clay.
Commission concurs with draft order written.
Commission notes that correspondence was received from Scott Plympton dated 09/9/10 about 134 Rockland Street. This correspondence came in after this hearing was closed by the Commission.
Conservation Officer requested the Commission to go into Executive Session.
A Commissioner motioned to go into Executive Session for a discussion on land acquisitions and not to reconvene in open session.
Roll call vote:
Carolyn Nielsen-Chair Yes
Charles Berry-Vice Chair Yes
Daniel Coughlin Yes
Robert Perry Yes
Scott McIsaac Yes
Meeting adjourned at 8:30 p.m.
Respectfully submitted,
_____________________________
Cliff Prentiss, Conservation Officer
Approved as amended on 09/27/10.