Hingham Conservation Commission
Meeting Minutes
HINGHAM CONSERVATION COMMISSION MINUTES
November 15, 2010 - 7:00 pm
Central Meeting Room South
Present: Carolyn Nielsen-Chair, Charles Berry-Vice Chair, Scott McIsaac, Daniel Coughlin, Alan McKenna, Robert Perry,
Nina Villanova and Cliff Prentiss, Conservation Officer
Absent: None
Agenda
7:00 PM Old/New Business
Approve Draft Minutes – November 1, 2010
*Ratify Enforcement Order – 10 Meadow View Road*
Discussion:
Government Study Committee Survey
CPC Fund Article - Amendment
Revised Anti-Harassment Policy
7:15 PM Notices of Intent
230 Ward Street – DEP SE 34 1049
Applicant: Nicholas Trifone / Representative: James Burke-Decelle-Burke & Associates
7:30 PM Request for Determination
61-69 Fearing Road and 17 Miles Road
Applicant: John and Barbara Cook / Rep.: Michael Joyce – Cavanaro Consulting
Request for Extension
45 George Washington Boulevard (Lot 14) – DEP 34 800
Applicant: Cove Realty Trust
Certificates of Compliance
2 Brandon Woods (Lot 15) – DEP 34 0508
Applicant: Michelle Low – McElhiney and Matson
11 Crooked Meadow Lane - DEP SE 34 0888
Applicant Penny Collins Sirdee
Executive Session - Pending Litigation
Old/New Business
1. Approve Draft Minutes – 11/1/10
Discussion: Edits were discussed.
Motion: Commissioner Coughlin motioned to approve the 11/01/10 minutes as amended.
Second: Commissioner Villanova In Favor: All Opposed: None
2. Ratify Enforcement Order for 10 Meadow View Road
The Conservation Officer reviewed the Enforcement Order for 10 Meadow View Road for the clearing of vegetative cover in Bordering Vegetated Wetlands and the construction of agricultural buildings in the 100 foot Buffer Zone to Bordering Vegetative Wetlands. The homeowner has contacted the Conservation Office and explained that some of the work was conducted by Plymouth County Mosquito Control who dredged the ditch and the Hingham DPW had cleared near the drainage ditch. Homeowner is working with the Conservation staff.
Motion: Commissioner Berry motioned to ratify the Enforcement Order for 10 Meadow View Road.
Second: Commissioner Coughlin In Favor: All Opposed: None
3. 57 Leavitt Street and 0R Leavitt Street – Raking and blowing leaves into the wetlands
The Conservation Office received a call last week that the homeowner was blowing and raking leaves into the wetlands.
The Conservation Officer had gone out today and spoke with the owner. The owner is willing to work with the Conservation Officer to comply. It is noted that not everyone is being kind to that pocket of wetlands in that area.
Discussion:
Commissioner Nielsen noted that she is aware of the situation and was in the office when the call came in last week. Concurs that no Enforcement Order should be issued at this point, however would like a strongly worded letter to go out to the homeowner as blowing and raking leaves into the wetlands changes drainage patterns and it should be stopped immediately.
Other Commissioners concur with a letter to be sent.
4. CPA Fund Article - Amendment
Commissioner Nielsen discussed the rational for an amendment increasing the requested amount of funding for the Conservation Fund from $10,000 to $50,000. Additional funds are needed for financing the monitoring of Conservation Restrictions on land acquired previously with CPA funds. The funds will be earmarked in the Conservation Fund for this purpose.
Motion: Commissioner Coughlin motioned to amend the CPC fund article from $10,000 to $50,000.
Second: Commissioner McKenna In Favor: All Opposed: None
5. Government Study Committee Survey
The Commission discussed the draft presented. Commissioners are once again invited to send in additional comments to the Chair and the draft document will be reviewed again at the 11/29/10 Conservation Commission meeting.
6. Revised Anti-Harassment Policy
Commissioners passed in their signatures noting that they had read the revised Anti-Harassment Policy (10/26/10).
Commission Nielsen read the usual information dealing with hearings.
7:15 PM
Notice of Intent - 230 Ward Street – DEP SE 34 1049
Applicant: Nicholas Trifone / Representatives: James Burke-Decelle-Burke & Associates and Attorney Jeff Tocchio
Plans presented are in the file.
Presentation by Attorney Tocchio and Mr. Burke
• Proposed project is being filed as agricultural for the construction of a new equestrian arena
• Noted the mitigation work that has been conducted recently on the property in accordance with SITEC's site review
• Project includes eliminating existing unpermitted equestrian paddocks
• Construction of a new indoor arena 12,000 square feet and 1,400 sq. foot barn
• Extension of a gravel drive around the arena
• Grading, foundation construction, storm water management, landscaping, underground utilities
• Best Management Waste Practices will be followed for manure; no change in location
• 20 horses have been approved by the Hingham BOH
• Roof will have a collection system to eliminate runoff into the wetlands
• Wells – Mr. Ahern (an abutter's) well is 150 feet from the proposed site
• Proposed project is considered agricultural and redevelopment.
Conservation Officer:
• Noted that the property is within the Riverfront area and almost all of it is within 100 feet of BVW and the Plymouth River
• How will the new barn drainage work with gravel?
• Manure management – enclosed dumpsters is a good system
• This area is not tributary to a water supply, but still need to be concerned with the high nitrate loading
• Applicant has a very neat and tidy operation
• Suggest that the Commission have a peer review done by a consulting engineer to review filing and percentages in the Riverfront and drainage calculations
Commission Discussion:
• Not certain that the applicant meets the agriculture exemption
• Which fencing and paddocks were not previously approved?
• Applicant is proposing work in the 50 foot no build zone
• Applicant is working in Riverfront – need to review pages 399-401 of Regulations
• Suggest that Commission do a site visit
• Concur with Conservation Officer that a peer review is needed.
Commissioner Nielsen opened the hearing to the public.
• 185 Cushing Street – question on wells. The Commission noted that he needs to address that concern to the BOH.
Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Berry motioned to continue the hearing for 230 Ward Street to November 29, 2010 with the applicants consent and for a site visit to 230 Ward Street on Saturday, November 20, 2010 at 8:00 a.m.
Second: Commissioner McIsaac In Favor: All Opposed: None
Request for Determination
61-69 Fearing Road and 17 Miles Road
Applicant: John and Barbara Cook / Rep.: Michael Joyce – Cavanaro Consulting
Plans presented are in the file.
Presentation:
• Proposed work to include the installation of a 2" PVC sewer main from an existing manhole on Miles Road to residential properties on Fearing Road.
• All of the sewer installation will take place within the existing paved roadway or parallel to the roadway on the side away from the wetland.
• Homes connected to the sewer will result in improved ground water quality.
• Applicant is also proposing to perform minimal landscaping at the front of the property at 61 Fearing Road.
Conservation Officer:
• Very straightforward filing
• Landscaping proposed will have no impact on wetlands which is a small pond
• Erosion controls will be needed
Discussion: None
Commissioner Nielsen opened the hearing to the public.
81 Fearing Road – R. Gibbs presented a question to the Commission.
Motion: Commissioner Villanova motioned to issue a Negative Determination with erosion controls for 61-69 Fearing Road and 17 Miles Road.
Second: Commissioner McIsaac In Favor: All Opposed: None
Request for Extension
45 George Washington Boulevard (Lot 14) – DEP 34 800
Applicant: Cove Realty Trust
Conservation Office noted that the applicant is requesting the extension due to the economy and it is his second request for an extension.
Motion: Commissioner Perry motioned to deny the extension request for 45 George Washington Blvd.
Second: Commissioner Villanova In Favor: All Opposed: None
NOTE: This project falls under the Permit Extension Act.
On August 4, 2010 the Massachusetts legislature passed an "Act Relative to Economic Development and Reorganization" that Governor Patrick signed into law the next day. The law became effective immediately with the Governor's signature on August 5, 2010.
Certificates of Compliance
2 Brandon Woods (Lot 15) – DEP 34 0508
Applicant: Michelle Low – McElhiney and Matson
Conservation Officer reviewed the request for a COC.
Motion: Commissioner McIssac motioned to issue a COC for 2 Brandon Woods (Lot 15).
Second: Commissioner Coughlin In Favor: All Opposed: None
11 Crooked Meadow Lane - DEP SE 34 0888
Applicant Penny Collins Sirdee
The Conservation Officer reviewed the history of this filing and noted that additional work is needed and it is his recommendation that the Commission wait before issuing a COC.
A Commissioner motioned to go into Executive Session for a discussion on pending litigation and not to reconvene in open session.
Roll call vote:
Carolyn Nielsen-Chair Yes
Charles Berry-Vice Chair Yes
Daniel Coughlin Yes
Scott McIsaac Yes
Nina Villanova Yes
Alan McKenna Yes
Robert Perry Yes
Meeting adjourned at 8:35 p.m.
Respectfully submitted,
__________________________
Cliff Prentiss, Conservation Officer Approved as amended on 11/29/10.