Hingham Conservation Commission
Meeting Minutes
November 29, 2010 - 7:00 pm - Central Meeting Room South
Present: Carolyn Nielsen-Chair, Charles Berry-Vice Chair, Daniel Coughlin, Scott McIsaac, Alan McKenna and
Cliff Prentiss, Conservation Officer
Absent: Robert Perry, Nina Villanova
CONSERVATION AGENDA-November 29, 2010
Hingham Town Hall – Central North – 2nd Floor
*REVISED 11 24 10*
7:00 PM Old/New Business
Approve Draft Minutes – November 15, 2010, November 20, 2010 Site Visit
Discussion: Government Study Committee Survey/Permit Extension Act/Draft – Wetlands Brochure
Approve submission & publication dates for January – June 2011 for Conservation Meetings
*Ratify Enforcement Order – 16 Stanford Drive*
7:15 PM Abbreviated Notices of Intent
348 Main Street – DEP SE 34 1050 NOTE: ADDRESS IS 648 MAIN STREET
Applicants: Thomas and Andria Clancy
213 Gardner Street - No DEP number or comments as of 11/24/10*
Applicant: Brendan Gaughan
Notices of Intent
8 Steamboat Lane* – No DEP number or comments as of 11/24/10*
Applicant: Brendan St. John on behalf of the property owner J. Devin / Rep.: Brendan St. John – St. John Masonry
230 Ward Street – DEP SE 34 1049 - Continuance
Applicant: Nicholas Trifone / Representative: James Burke-Decelle-Burke & Associates
Certificates of Compliance
11 Crooked Meadow Lane - DEP SE 34 0888 - Applicant: Penny Collins Sirdee
30 Mill Lane – DEP SE 34 0973 - Applicants: Hugh and Elizabeth Merryweather
Executive Session - Pending Litigation
and other such matters that may be pending before the Conservation Commission.
Old/New Business
1. Draft Minutes November 15, 2010 and November 20, 2010 Site Visit
Discussion: Edits were discussed.
Motion: Commissioner Berry motioned to approve the 11/15/10 minutes as amended.
Second: Commissioner McIsaac In Favor: All Opposed: None
2. Draft Minutes November 15, 2010 Executive Session
Discussion: No edits necessary.
Motion: Commissioner McKenna motioned to approve the 11/15/10 Executive Session minutes as written.
Second: Commissioner Berry In Favor: All Opposed: None
3. Draft Minutes November 20, 2010 Site Visit – 230 Ward Street
Discussion: No edits necessary.
Motion: Commissioner Coughlin motioned to approve the 11/20/10 minutes as written.
Second: Commissioner Berry In Favor: All Opposed: None
4. Permit Extension Act
Handouts reviewed.
Motion: A Commissioner motioned to suspend the Conservation Commissioner's vote denying the extension for
45 George Washington Boulevard made at the 11/15/10 meeting as this permit falls under the Permit Extension Act.
It was moved and seconded by a Commissioner. All were in favor. None were opposed.
5. Government Study Committee Survey
Moved to the end of the meeting for discussion due to time.
6. Draft – Wetlands Brochure
Commissioners will take home brochure and add their comments to the draft as prepared by Abby Childs.
7. Approve submission & publication dates for January – June 2011 for Conservation Meetings
Dates reviewed.
The submission and publication dates for the January–June 2011was moved and seconded by a Commissioner.
All were in favor. None were opposed.
8. Ratify Enforcement Order – 16 Stanford Drive
Conservation Officer reviewed the Enforcement Order dealing with leaves being plowed into the wetlands. This was brought to the staff's attention via a phone call to the office. Conservation Office is trying to educate the public on the proper disposal of leaves.
Motion: Commissioner Coughlin motioned to ratify the Enforcement Order for 16 Stanford Drive.
Second: Commissioner Berry In Favor: All Opposed: None
Commissioner Nielsen noted to the public that the posted agenda had an incorrect address for the next hearing. It is 648 Main Street, not 348 Main Street. The legal notice that was published did have the correct address.
Commissioner Nielsen also noted to the public that 230 Ward Street has requested a continuance to December 13, 2010.
Commissioner Nielsen read the usual information about filings.
7:15 PM Abbreviated Notices of Intent
348 Main Street – DEP SE 34 1050 NOTE: ADDRESS IS 648 MAIN STREET
Applicants: Thomas and Andria Clancy
Plans and photos presented are in the file.
Presentation by Mr. Clancy (Applicant and property owner):
• Proposed fence installations are for privacy and pets
• Installation of a privacy fence along north border of the yard
• Installation of 3.5 foot high post and rail fence along eastern and southern borders of the yard
• 8 inch clearance on the fence bottom along eastern border to allow for wildlife passage
• Installation of gates at public access/easement sites
• Landscaping to remove overgrown weeds within a previously landscaped area
• Property owner will be doing the landscaping and shed removal
• Invisible fencing is not an option with his type of dogs
Conservation Officer:
• Wetlands line delineation could be changed to have the flags become up gradient
• Fencing proposed will not interfere with wetlands
• Recommends that all three sheds come out
• Conservation has a right of way on the property
• Two gates are needed for legal access
• Landscaping should be done with native vegetation
Commission Discussion:
• Magnificent tree noted on the property in the backyard
• Concur with Conservation Officer that easements and gates are a must
Commissioner Nielsen opened the hearing to the public. None. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner McKenna motioned to issue an Order of Conditions based on the discussion heard tonight for
648 Main Street - DEP SE 34 1050.
Second: Commissioner Berry In Favor: All Opposed: None
213 Gardner Street - No DEP number or comments as of 11/24/10
Applicant: Brendan Gaughan / Contractor – James Hunter
Plans presented and photos are in the file.
Presentation:
Mr. Gaughan (applicant and property owner)
• Coming before the Commission for the after the fact filing for the construction of a 14'x 20' deck supported by 4 sonotubes in the rear of the home
• Deck is accessed via sliders as an 2nd egress exit for the existing home which is needed per Building Department
• Maintains that no negative impact to the wetlands occurred during construction since erosion controls were implemented
• Relied on representation of his contractor, Mr. Hunter who erroneously believed that permits were not necessary from Conservation or Building for this deck
• Willing to mitigate, put down crushed stone under the deck and will not store anything underneath it in the future, previously it was lawn
• Came before the Commission earlier this year for a Negative Determination to put on an addition in the rear
Conservation Officer:
• Reason this came to our attention, as the deck was done without benefit of permits. Building Department notified Conservation when they were doing their inspections
• After the fact filings fees were paid
• Existing home is close to the wetlands
• Deck isn't a tremendous impact to the wetlands, however it is an impact to the 50 foot set-back no build zone; Commission will have to use its judgment
Commission Discussion:
Commissioner McKenna can see how he relied on representation of his contractor
Commissioner Berry
• If the deck had been presented to the Commission earlier he would vote no to deny the deck.
• Deck may not be an intrusion, however the laws are on the books to protect intrusions and it sets a precedent to others
• Suggest that the deck be removed
Commissioner McIsaac:
• Would like to hear more about the need for egress
James Hunter – Contractor:
• Not trying to sneak anything by any department
• Discussed with homeowner and the idea of a slider came up
• Building noted the need for a secondary egress
• When I spoke to the Conservation Officer for the approved addition that did have the permit, didn't think it was a big thing going on out back. States he was told to stake and put in sediment barriers.
Commissioner Nielsen:
• You can't build what you don't have permits for
• If plans had changes/additions you should have asked for an amendment
• Thinking that the deck should be removed to the max reasonable extent and area should be re-vegetated
• It is not the Commission's responsibility to correct and design your project to meet the regulations
• Take note that the Commission has noted removal of the deck may be required
Conservation Officer:
• Suggested applicant request a continuance and come back to the Commission with a reduced plan for the deck
• Reduce buffer with a filter strip
• It may be possible to have the egress and restore the yard
Commissioner Coughlin:
• Best solution is to protect the wetlands
• Seek counsel to balance deck and mitigation with Building and Conservation staff
Commissioner Nielsen opened the hearing to the public.
Attorney Alanna Cryan (sp)? Representing Marsha Stevens-209 Gardner Street
• Photographs and original floor plan of home presented
• 2nd egress is available from the basement cellar door
• Abutter is concerned with the noise and impact deck will have on wildlife
• Deck is extremely large and is an intrusion to the wetlands
• Debris is in the wetlands from construction
• Impact is serious – the deck should go.
Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Berry motioned for a continuance to 1/10/11 with the applicant's permission for 213 Gardner Street.
Second: Commissioner Coughlin In Favor: All Opposed: None
Notices of Intent
8 Steamboat Lane – No DEP number or comments as of 11/29/10
Applicant: Brendan St. John on behalf of the property owner J. Devin / Representative: Brendan St. John–St. John Masonry
Photo's and plans presented are in the file.
Presentation by Applicant – Brendan St. John
• Repair of a granite retaining/seawall in the intertidal zone
• Wall has a significant bulge of 24 sq. feet
• Ice or a storm could move these stones during the winter months and top section could topple over
• Propose to remove top 5-6 courses of granite
• Working downward in a V fashion to the bottom of the bulge to repair it
• All work will be done from the top with a mini excavator and laborers
• No equipment will be used on the beach
• Cement will be used, and job will take at the most 3 days.
Conservation Officer
• Application is very straight forward, wall is battered
• Would like to see filter fabric also used behind the wall.
No discussion from the Commissioners.
Commissioner Nielsen opened the hearing to the public. None. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner McKenna motioned to close and issue an Order of Conditions for 8 Steamboat Lane pending receipt of a DEP number and comments.
Second: Commissioner Berry In Favor: All Opposed: None
Commissioner Nielsen noted once again that 230 Ward Street – DEP SE 34 1049 has requested a continuance till December 13, 2010 pending receipt of the peer review from Mr. Chessia.
Certificates of Compliance
11 Crooked Meadow Lane - DEP SE 34 0888
Applicant: Penny Collins Sirdee
Conservation Officer noted that he has requested that 20 white pines be staked out and planted. He recommends that the Commission wait until the trees have been planted before issuing the COC for 11 Crooked Meadow Lane.
30 Mill Lane – DEP SE 34 0973
Applicants: Hugh and Elizabeth Merryweather
Conservation Office noted that the project has been built according to the Order of Conditions issued by the Commission.
Motion: Commissioner McKenna motioned to issue a Certificate of Compliance for 30 Mill Lane.
Second: Commissioner McIsaac In Favor: All Opposed: None
Government Study Committee Survey
Commissioner Nielsen has received all the comments from the Commission and will create the final document to be sent out to the Government Study Committee. She thanks all the Commissioners and staff for their input.
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
Alan McKenna Yes
Meeting adjourned at 9:15 p.m.
Respectfully submitted,
__________________________
Cliff Prentiss, Conservation Officer Approved as amended on 12/13/10.