Hingham Conservation Commission
Meeting Minutes
January 10, 2011 - 7:00 pm - Central North – 2nd Floor
Present: Carolyn Nielsen-Chair, Charles Berry-Vice Chair, Daniel Coughlin, Scott McIsaac, Alan McKenna, Robert Perry, Nina Villanova and Cliff Prentiss, Conservation Officer
Absent: None
CONSERVATION AGENDA
7:00 PM Old/New Business
Approve Draft Minutes – December 13, 2010
Emergency Request 40 Bel Air Road - repair seawall
7:15 PM Abbreviated Notice of Resource Area Delineation
1055 and 1057 Main Street – No DEP Number or comments as of 1.4.2011
Applicant: Church of the Resurrection, Hingham-Rockland Rep.: A. Loomis – McKenzie Eng.
7:30 PM Notices of Intent
213 Gardner Street - DEP SE 34 1053 – Continuance - After the fact filing-deck
Applicant: Brendan Gaughan
1 Pinecrest Road – No DEP number or comments as of 1.4.2011
Proposed Single Family Home
Applicants: Lawrence & Jean Gilbert / Representative: John Cavanaro – Cavanaro Consulting
100 Sharp Street – No DEP Number or comments as of 1.4.2011
Proposed Telecommunications Compound
Applicant: T Mobile Northeast, LLC / Representative: J. Manganello, LEC Env. Consultants
Certificate of Compliance
17 Miles Road – DEP SE 34 0983 - Applicant: Freshwater Realty Trust – Sandra Pollock, Trustee
And other such business pending before the Commission.
Old/New Business
1. Draft Minutes December 13, 2010
Discussion: Edits were discussed.
Motion: Commissioner Perry motioned to approve the 12/13/10 minutes as amended.
Second: Commissioner Berry In Favor: All Opposed: None
2. Emergency Request 40 Bel Air Road - Note: Actual address is 39 Bel Air Road of the property.
Plans presented and photos are in the file.
Presentation: Bryan Sweeney, President - 193 Realty Trust
· Seawall failed during the 12 27 10 storm on the beach lot
· Presenting a plan to fix the seawall based on CZM’s recommendations
· 89 linear feet of wall need to be replaced
· Wishes to have Commission declare an Emergency Certification to start the repair work
Conservation Officer
· Typically an Emergency Certification involves a home that is in danger
· Railroad tie wall will soon fail
· Worried about the tree and its root system and future erosion unless work is completed
· Suggestion is that they file a NOI and go through the other agencies also – Chapter 91 and Army Corps of Engineers
· Suggestion that an engineering plan be submitted and have a peer review done
· Advise resident living at 37 Bel Air Road to plant some vegetation to slow down erosion
· Commission can call DEP and see their thoughts on issuing an Emergency Certification on this work
Bob Falvey, 65 Bel Air Road
· Would like to see it happen
· Will be calling Senator Hedlund and Representative Bradley
· Would like a contact at DEP to call.
Commission Discussion:
- Directed the applicant to submit an NOI
· Application is already 90% done with materials submitted so far tonight and would prefer to have the DEP comment on the plans
193 Realty Trust – B. Sweeney noted that they will submit a NOI to the Commission for the next meeting.
Commissioner Nielsen noted that there was a problem with the advertisement of the public legal notices for this meeting.
Notices were not published 5 business days in advance of the meeting due to a clerical error at the newspaper. The Commission will open the hearings and hear your filings; however applicants/representatives need to be aware that a continuance should be requested. If the applicant would like to close the hearing, the validity of the hearing could be challenged if appealed.
Commissioner Nielsen read the usual statement dealing with hearings.
Abbreviated Notice of Resource Area Delineation
1055 and 1057 Main Street – No DEP Number or comments as of 1.4.2011
Applicant: Church of the Resurrection, Hingham-Rockland Rep.: A. Loomis – McKenzie Engineering
Plans presented are in the file.
Presentation: Al Loomis
· Delineation preformed by Brad Holmes and was based on soils and hydrology
· Presenting the line for the Commission to review
· Church has future plans for the property which we are not privy to.
Conservation Officer
· Staff has not had a chance to check the line due to the snow cover.
Conservation Commission Discussion
· Important that we know where the line is and need to get in and check the soils
· This is not a reflection on the accuracy of Mr. Holmes work
· Commission must do its due diligence.
Commissioner Nielsen opened the hearing to the public. None. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Villanova motioned for a continuance to 1/24/11 with the applicant’s consent for 1055 and 1057 Main St.
Second: Commissioner McKenna In Favor: All Opposed: None
Certificate of Compliance
17 Miles Road – DEP SE 34 0983
Applicant: Freshwater Realty Trust – Sandra Pollock, Trustee
Conservation Officer described the filing and noted that it has been completed according to the Order written.
Motion: Commissioner Coughlin motioned for a Certificate of Compliance be issued for 17 Miles Road.
Second: Commissioner Berry In Favor: All Opposed: None
Notices of Intent
Abbreviated Notice of Intent - 213 Gardner Street – DEP SE 34 1053 – Continuance - After the fact filing-deck
Applicant: Brendan Gaughan/Rep. Paul Shea
Since this is a continuance, the public legal notice issue does not apply with this hearing.
Plans presented and photos are in the file.
Presentation- Paul Shea
· Home was built in 1960 very close to the wetland edge
· Enclosed addition to the home was built with approval from the Commission – a porch was turned into living space
· Deck which was built on sona tubes was not built with the Commission’s approval
· Mitigation is being offered with plantings at the wetland edge to increase the shrub layer and wildlife habitat
· Builder made an error
· No trees were taken down
· Where the deck was built, it still has the same conditions as before.
Conservation Officer
· Planting remediation is okay, however the Commission advised removal of a portion of the deck at the last meeting.
Commission
· If this filing for the deck had come before the Commission, it would have likely not been approved
· Builder and applicant should know the code and Bylaws
· Deck can be removed or reduced and a 2nd egress can be provided in compliance with for Building codes
· Town voted in this new bylaw with a no touch area and the Commission needs to provide consistency
· Although every applicant can provide compelling reasons to build in the 50-foot no touch area, the Commission must apply with the regulations
Applicant
· Noted that one location suggested by the Commission is all kitchen and cabinets for the egress to be moved to
· Other areas cannot be used due to the septic tanks
Conservation Officer noted that a lot of these projects are a work in progress (i.e. building renovations).
Commissioner Nielsen opened the hearing to the public.
Marsha Stevens – abutter at 209 Gardner Street
· When the plans were submitted and applicant had enough time to come before the Commission when the decision was made with the builder to add a deck
· Run off will come from the deck into the wetlands
· Stair case intrudes into the buffer
· Concerned about the wetlands and the stream that they merge into
· Allowing applicant to keep this deck will set a precedent
· Don’t want people to have the assumption to build it first and then it will be approved retroactively
· Area should be returned to its natural state.
Paul Shea
· Contours did not change with addition or deck
· Drip line water from deck will come down and go into ground into wetland
· TOH has a drainage easement off Gardner St. which allows untreated stormwater to go into the wetlands
· Builder is working in other towns, some of those towns penalize the builder.
Commissioner Nielsen closed the hearing to the public.
Paul Shea
· Noted that he has seen alterations permitted within the 50-foot no touch with this Commission
Commissioner Nielsen noted that a new deck is not an enhancement to the wetlands. Commission believes new construction has not been permitted in the 50-foot no build zone.
Conservation Officer
· It appears the Commissions preference is to remove the deck outside the 50 feet and work to obtain another 2nd egress
· Applicant should engineer a plan to meet Buildings code requirements and Conservations Bylaw requirements.
Motion: Commissioner Coughlin motioned for a continuance to 3/28/11 with the applicant’s consent for 213 Gardner St. Second: Commissioner Villanova In Favor: All Opposed: None
Notice of Intent - 1 Pinecrest Road – No DEP number or comments as of 1.4.2011
Proposed Single Family Home
Applicants: Lawrence & Jean Gilbert / Representative: John Cavanaro – Cavanaro Consulting
Plans presented are in the file.
Presentation: John Cavanaro and Matthew Grey
· Past filing for a this proposed single family home was withdrawn without prejudice due to the fact that the driveway was within the 50-foot buffer
· Planning Board Restrictions were also investigated from what was presented at the past filing
· Form A prepared for a single, perc tests performed
· BOH will allow a treatment system with new construction
· Redesigned footprint of proposed home, has been flipped
· Garage is now on southerly side
· Reduced slope, crush stone driveway
· 1900 square feet, 4 bedrooms in the proposed home
· Will have a roof run off capture system
Conservation Officer
· Proposed home is now pulled out of the 50 foot buffer
· Treatment system for proposed septic is a better system
Commissioners Discussion
· How build within 1 foot of the no build zone?
· Would like to see a proposed landscape plan and it should respect the 50 foot no build
· Questions about the proposed retaining wall
· Is the proposed structure too ambitious for the site?
Conservation Officer
· Commission could require that the buffer remain naturalized
· Proposed structure could be made smaller to fit the lot
John Cavanaro
· Will need temporary room to work and anything that is disturbed will be restored
Commissioner Nielsen opened the hearing to the public.
James Brady – 149 High Street
· Original subdivision plans noted that Lot A – 14.32 was described as unbuildable – passed out An Built plan to the Commission – dated 11 02 1992 by BSC Group – “As Built Plan of Pinecrest Road in Hingham, Ma
· Trying to shoe horn in a home into the lot
· There is no hardship on the applicant
· Supposedly there is a written agreement by Gilbert that this sensitive area would not be used and built on
Commissioner Nielsen noted that some of the issues noted by Mr. Brady are Zoning and Planning issues and the mission of the Conservation Commission is to determine if the proposed filing will negatively impact the wetlands.
Conservation Officer
· Form A was approved for the lot, as it has uplands and the frontage area, meets requirements to be a buildable lot
Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner Coughlin motioned for a continuance to 2/28/11 with the applicant’s consent for 1 Pinecrest Rd.
Second: Commissioner McKenna In Favor: All Opposed: None
Ms. Camilla Roundtree noted to the Commission that a tree branches across from South Elementary School are splintering and could hurt the children. Would the Commission please look into it and have them cleaned up. Conservation Officer noted that he will speak to the Tree Department.
100 Sharp Street – No DEP Number or comments as of 1.4.2011
Proposed Telecommunications Compound
Applicant: T Mobile Northeast, LLC / Representative: J. Manganello, LEC Environmental Consultants
Plans presented are in the file.
Presentation-Paul Manganello
· Commercial property which has a BVW and perennial stream located on it
· Proposal is to build a 160 monopole with a chain link fence around the compound
· Area is in a flood zone A from the 1986 FEMA maps – preliminary maps coming out show the area to now be down gradient flood area
· Proposed tower is outside of the Bordering Land Subject to Flooding
· No storm water development
· Will be using erosion controls
Conservation Officer
· Looked at the site and concur with the wetlands line, FEMA line agreed upon
· Erosion controls will prevent any damage to the resource areas
Commissioner Nielsen opened the hearing to the public. None. Commissioner Nielsen closed the hearing to the public.
Motion: Commissioner McKenna motioned to close the hearing and issue an Order of Conditions for 100 Sharp Street. It is noted for the record that the applicant did not want a continuance due to the issue dealing with the public legal notices not being published on time. Second: Commissioner Villanova In Favor: All Opposed: None
Conservation Officer updated the Commission on Foundry Pond and other issues pending before the Commission.
Meeting adjourned at 9:20 p.m.
Respectfully submitted,
__________________________
Cliff Prentiss, Conservation Officer Approved as amended on 01/24/11.