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Hingham Conservation Commission
Meeting Minutes

HINGHAM CONSERVATION COMMISSION MINUTES
March 14, 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 Abigail Childs, Assistant Conservation Officer
Absent: Cliff Prentiss, Conservation Officer

CONSERVATION COMMISSION AGENDA
March 14, 2011 - Hingham Town Hall – Central North – 2nd Floor

7:00 PM
Old/New Business
Approve Draft Minutes – February 28, 2011
73 Gilford Road
Reappoint Open Space Acquisition Committee members

7:15 PM
Abbreviated Notice of Resource Area Delineation
1055 and 1057 Main Street –DEP SE 34 1055 - Continuance
Applicant: Church of the Resurrection, Hingham-Rockland / Rep.: A. Loomis – McKenzie Engineering

Requests for Determination of Applicability
Wompatuck State Park
Applicant: Stephen Gammon, Park Supervisor
Proposed trail maintenance

1 LeClair Drive
Applicants: B. & C. Wilk
Proposed pool fence, shed and woodland restoration

7:30 PM
Notices of Intent
44 Winter Street - DEP SE 34 1062
Applicants: Brian Lenihan, Bonnie Hertberg / Representative: Carmen Hudson, Cavanaro Consulting
Proposed construction of new addition, porch and associated work

Smelt Spawning Habitat – Kilby Street – DEP 34 1061
Applicants: Division of Marine Fisheries/TOH Conservation
Proposed restoration of Smelt spawning habitat directly below Foundry Pond Dam

Orders of Conditions
230 Ward Street – DEP SE 34 1049
Applicant: Nicholas Trifone / Representative: James Burke-Decelle-Burke & Associates

Old/New Business
1. Draft Minutes February 28, 2011
Discussion: Edits were discussed.
Motion: Commissioner Coughlin motioned to approve the 2/28/11 minutes as amended.
Second: Commissioner McKenna In Favor: All Opposed: None

2. 73 Gilford Road
Long time private dock/float is on a saltmarsh. Office staff has contacted owner and is pursuing a solution.

3. Reappoint Open Space Acquisition Committee members
Dr. Peter Rosen has agreed to serve for another year. Office staff is still waiting to hear from Michael Pollard and James Morris.

Motion: Commissioner Villanova motioned to reappoint Dr. Peter Rosen to the Open Space Acquisition Committee for another year.
Second: Commissioner Perry In Favor: All Opposed: None

Abbreviated Notice of Resource Area Delineation
1055 and 1057 Main Street –DEP SE 34 1055 - Continuance
Applicant: Church of the Resurrection, Hingham-Rockland / Rep.: A. Loomis – McKenzie Engineering
Plans presented are in the file.

Presentation – Al Lomis
• Due to snow cover, several continuances were requested and granted by the Commission
• Delineation done by Brad Holmes
• Conservation staff has been out to look at the line
• Church has not disclosed what future activity may occur on the property.

Abby Childs, Assistant Conservation Officer
• Cliff Prentiss, Conservation Officer and I concur with the line.

Commissioner Nielsen opened up the hearing to the public. No comments. Commissioner Nielsen closed the hearing to the public.

Motion: Commissioner McIsaac motioned to close the hearing and issue an Order of Resource Area Delineation for
1055 and 1057 Main Street.
Second: Commissioner Berry In Favor: All Opposed: None

Requests For Determination of Applicability
Wompatuck State Park
Applicant: Stephen Gammon, Park Supervisor
Proposed trail maintenance - Plans presented are in the file.

Presentation – Steve Gammon, Park Supervisor
• Mr. Gammon introduced members from the Friends of Wompatuck, a volunteer group that were present to support the RFD
• Friends of Wompatuck educate the public about the park's uses and historical value as well as helping the Massachusetts DCR preserve, maintain, and enhance the assets, history, and other features within the park
• Present from FOW were Pam Johnston, Wayne Strohm, Bill Boles, Sandy Cole, John Kenny
• Kristen and Peter McGillicuddy- Boston Snow Dogs were also present supporting the RFD.
• Power point presentation summarizing the proposed trail maintenance and bridge work needed
• DCR is now requiring filings with the local Commissions
• There are no plans to expand or create new paths.

Abby Childs, Assistant Conservation Office
• Office staff concurs with the work proposed

Commissioner Nielsen opened the hearing to the public for comments.
• Hearing attendee noted that keeping the trails in good condition attracts visitors.

Commissioner Nielsen closed the hearing to the public. Commissioners thanked the Friends of Wompatuck for doing a good job at the Park.

Motion: Commissioner Coughlin voted to close the hearing and issue a Negative Determination to Wompatuck State Park for the proposed trail maintenance and bridge work presented.
Second: Commissioner Villanova In Favor: All Opposed: None

1 LeClair Drive
Applicants: B. & C. Wilk
Proposed pool fence, shed and woodland restoration
Plans presented are in the file.

Presentation – Christine Wilk
• Previously came before the Conservation Commission to remove invasive species and remove 2 sheds
• Received Planning Board approval to establishing two new property lines
• Proposing a shed on sona tubes, pool and pool fencing
• Woodland restoration will be done to hide the fencing
• Photographs presented.

Abby Childs, Assistant Conservation Officer
• Applicants have upgraded the property and it is now environmentally friendly
• Possible Isolated Land Subject to Flooding and potential Vernal Pool, however have not had the opportunity for definitive determination
• Conservation Officer reviewed the proposed work and feels it will not have any negative effects on the resource areas.

Commissioners
• Would like to see fence which will allow wildlife passage and erosion controls.

Commissioner Nielsen opened the hearing to the public. None. Commissioner Nielsen closed the hearing to the public.

Motion: Commissioner McKenna voted to close the hearing and issue a Negative Determination to 1 LeClair Drive with conditions.
Second: Commissioner Perry In Favor: All Opposed: None

Notices of Intent
44 Winter Street
Applicants: Brian Lenihan, Bonnie Hertberg / Representative: Carmen Hudson, Cavanaro Consulting
Proposed construction of new addition, porch and associated work
Plans presented are in the file.

Presentation: John Cavanaro
• Proposed construction of a mudroom, porch and associated improvements within the Riverfront and within the 100' Buffer Zone to a BVW, flood plain
• Proposed improvements will be done on previously developed area consisting of lawn
• Received an OOC from the Commission in the past for a pool
• Wetland line had expired, so it has been re-delineated
• Installation of a siltation barrier during construction will be used.

Abby Childs, Assistant Conservation Officer
• Proposed work already in an altered area consisting of lawn
• Staff concurs with new wetland delineation
• No negative impacts from the proposed work as proposed.

Commissioner Nielsen opened the hearing to the public.
Phyllis Koch –20 East Street
• Wishes to see no more encroachment onto Home Meadows and to have the Commission watch the area diligently

Commissioner Nielsen closed the hearing to the public.

Motion: Commissioner McIsaac voted to close the hearing and issue an Order of Conditions for 44 Winter Street.
Second: Commissioner Coughlin In Favor: All Opposed: None

Smelt Spawning Habitat – Kilby Street
Applicants: Division of Marine Fisheries – Brad Chase/ TOH Conservation – Abby Childs
Proposed restoration of Smelt spawning habitat directly below Foundry Pond Dam
All plans presented in file.

Presentation – Brad Chase and Abby Childs
• Historically Weir River supported a viable Rainbow Smelt run
• In the spring, the migrating smelt come up to spawn
• Foundry Pond Dam required emergency repairs back in '98 and state agencies were bypassed due to the emergency repair situation so the smelt spawning habitat was never identified
• Weir River bottom substrate was graded and leveled, and this change in the hydrology changed the habitat
• The leveling of the riverbed destroyed a small vegetated island and the channels which flowed around it thus destroying the smelt spawning habitat
• Grant money is available to design and recreate the habitat below Foundry Pond Dam
• A small vegetated island will be built and shallow channels established
• Several other agencies will need to review the project according to the DEP comments
• Would like Commission to review Flow Management Plan – needs to be a working document between both agencies.

Commissioner Nielsen opened the hearing to the public.
Sam Manian-103 Kilby Street
• Concerned if heavy duty construction equipment will be used as his home is adjacent to the path
• Concerned with landscaping being disturbed.

Commission Nielsen closed the hearing to the public.

Commissioners
• Potential impacts if Foundry Pond is dredged or not dredged or dam removed?
• Brad Chase – proposed projects are functionally independent. No negative impact anticipated from either dredging or dam removal.
• Questions on the height of the island and if it will wash out in the future.

Motion: Commissioner Villanova voted to close the hearing and issue an Order of Conditions for the Smelt Spawning Habitat–Kilby St.
Second: Commissioner Perry In Favor: All Opposed: None

Orders of Conditions
230 Ward Street – DEP SE 34 1049
Applicant: Nicholas Trifone / Representative: James Burke-Decelle-Burke & Associates
Commissioners reviewed the draft order written by the staff for 230 Ward St.
No comments. Commissioners signed the paperwork.

Meeting adjourned at 8:35 p.m.

Respectfully submitted,

______________________________________
Abigail Childs, Assistant Conservation Officer

Approved as amended on 3/28/11.