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Hingham Conservation Commission
Meeting Minutes

 

 

 

Present: Robert Perry – Acting Chair, Daniel Coughlin, Scott McIsaac, Alan McKenna &

and Cliff Prentiss, Conservation Officer

 

Absent: Carolyn Nielsen-Chair, Charles Berry-Vice-Chair, Nina Villanova

 

AGENDA -Hingham Town Hall – Central North 2nd Floor

7:00 PM - Old/New Business

Continued Article Discussion-To Designate the South Shore Industrial Park as a Chapter 43D Priority Dev. Site

Approve Draft Minutes – 2/27/12

 

7:15 PM - Notices of Intent

153 Otis Street – No DEP # or comments as of 3/6/12

Proposed pier, gangway and float

Applicant:  Bryce Blair/Representative – John Cavanaro, Cavanaro Consulting, Inc.

 

39 Highview Drive – No DEP # or comments as of 3/6/12

Proposed demolition of an existing home with attached garage and construction of a new single family home with attached garage, deck, pool, driveway with associated utilities and grading

Applicant:  Richard V. Dwyer/Representative – Deborah Keller, McKenzie Engineering Group, Inc.

 

            Request for Certificate of Compliance

            30 Plymouth River Road– SE 34 0951–Applicants: J. & M. Camuso; as Trustee of Blue Water Realty Trust

and other such matters that may be pending before the Conservation Commission.

 

1. Continued Article Discussion  Chapter 43D Priority Development Site

                Conservation Officer

• Presented his understanding of Chapter 43D – has a learning curve with it and is still struggling with it
• There is a Town Meeting Article to vote to accept this state regulatory process
• Fast Tracking of projects in the Industrial Park to maximize the use of the park and provide tax revenue and grant funding to the Town
• Concerns have been presented that the Regulatory Boards may sacrifice controls with future development with Chapter 43D voted in

 

                Commission Discussion:

• Read the statue, vague in certain areas

• Read the Executive Summary and it has some issues
• Some concerns that Commissioner Nielsen raised in her memo are valid

• What other towns have adopted this?

• Raises a lot of questions
• Statute allows towns to appoint an authority to guide the project along, however that does not we give up regulatory authority.
• Good point is that it does speed things up

 

                Bill and Kathy Salisbury

• Wrote the letter addressed to the Commission on their concerns with 43D and are against it

• Served on the land use permitting boards, long term residents of the town
• We are strong believers in local Zoning Control that Mass General Laws give to permitting boards & are familiar with issues raised with 43D
• This could be a threat from the state to take away authority – i.e. 40B’s and Smart Growth-2008
• Anytime the state comes in brandishing goodies - Let the buyer beware
• Only 82 communities have opted to choose this
• State is asking towns to volunteer and adopt this – once you vote it in, you are stuck with it
• Only applies to site designated as priority site
• Arguments proponents present for adoption will allow Hingham to help SS industrial park and will advertise this property, may get technical assistance, may get grant money
• It sets up a governing body and are put in the position of becoming clock watchers
• Someone is appointed to oversee and be in charge and collects all the bylaws and regulations pertaining to project
• 180 days clock starts, someone will be looking over your shoulder to get you to make a decision
• What happens if an issue comes up that no one anticipated? 
• Applicant at anytime can ask for a Governing Body to convene a Technical Review Team to come up with an Advisory Decision – a group decision – their opinion will be “saddled around your neck”
• Perhaps the Commission board answer is to decline the project
• You must go to the Administrator Board of Appeals and they make a decision, and then go to Land Court
• Don’t have a great deal of faith in the Administrator Board of Appeals –think about how the appeals of 40B’s have gone
• Town is getting a lot of the burden and not a lot of benefits with 43D.

 

2.  Approve Draft Minutes – 2/27/12 - Draft minutes will be reviewed at the next meeting.

Motion:  A Commissioner motioned to continue the draft minutes of 2 27 12 to the next meeting. 

Second:  Commissioner Coughlin    In Favor: All       Opposed: None

 

The Acting Chair read the usual information regarding hearings.

 

153 Otis Street – DEP SE 34 1101 - Proposed pier, gangway and float

Applicant:  Bryce Blair/Rep. – John Cavanaro, Cavanaro Consulting, Inc.   All plans presented are in the file.

 

Presentation:

• Home is currently under construction under a separate Order of Conditions
• Presently there is an existing seawall that is open to the Harbor with steel rails that have been used to load boats
• Resource Areas–Land Subject to Coastal Storm Flowage, Salt Marsh, Land under the Ocean and Coastal Beach, Flood Plain
• Proposal is to construct a dock containing a 75 foot removable pier, 32 foot gangway(prefabricated) and 10 x 20 foot removable float
• Proposed structure will have minimum impact to the salt marsh by locating the new structure 17’ from the east boundary in line with an existing railroad track boat ramp
• This will allow the dock to avoid going over most of the salt marsh
• Existing rail and tie system will be removed
• Working within the DEP Guidelines and TOH Wetland Bylaws and Regulations
• Provided an overlay of the water ski area from the Harbor Master and what is proposed at the site
• Currently in the area there are 7 dock systems in place
• DEP requires that the pier itself does not exceed 4 feet in width, Town regulates that the float shall not exceed 10 x 20 in dimensions, which is what we are proposing
• Town likes to see the base of the pier centered on the lot, DEP likes to see a min. of 25’ off the lot
• Proposal is trying to keep the pier as close to the existing opening, so when the ties are removed, that will minimize the impact on the salt marsh
• Overall are trying to achieve access to the waterfront property as practical as possible and as minimally invasive with respect to the resources.

 

Conservation Officer

• There are 2 jurisdictions that we are trying to satisfy, the Harbormaster, who has control over the water sheaths, and the Conservation Commission concerns, the coastal bank, 100 foot landward, and land under water bodies, this meets all the criteria by DEP and Coastal Engineers
• Proposal will allow light to penetrates, not is trying to destroy any more of the salt marsh, the tracks are coming out, and will be replanted with species that are native to that part of the coast, and hopefully will see re-generation of eel grass beds that are underwater
• Concerns that the Commission may have, have been answered by the Representative
• Rocks are projecting in this area and most people are knowledgeable to stay out of this area, however that is the Harbormasters call
• As Mr. Cavanaro noted, they are going to discuss with the Harbormaster and should be discussed before the Commission closes the hearing

 

 

Commission Discussion:

• Requested that the Rep. review the float system design in particular requirement that float not rest on the seabed.
• System is designed to avoid cutting and grinding the seabed

 

The Acting Chair opened the hearing to the public.  Hearing none, the Acting Chair closed the hearing to the public.

 

Motion:  Commissioner McIsaac motioned to continue the hearing for 153 Otis St. with the applicant’s consent to 3/26/12. Second:  Commissioner McKenna                           In Favor: All        Opposed: None

 

39 Highview Drive - DEP SE 34 1102

Proposed demolition of an existing home with attached garage and construction of a new single family home with attached garage, deck, pool, driveway with associated utilities and grading

Applicant:  Richard V. Dwyer/Representative – Deborah Keller, McKenzie Engineering Group, Inc.

All plans presented are in the file.

 

Presentation:

• Proposed project includes razing of existing home and attached garage, Construction of a new single family home with attached garage, deck, pool, paved driveway, utilities and associated site grading
• Site previously had a swimming pool within the 50 foot buffer that has since been filled in and covered
• Resource areas:  BVW, Salt Marsh, Coastal Beach, Coastal Bank, FEMA Flood Zone – Elevation 12
• Erosion and sediment controls will be used and inspection of these controls as the project is being done

 

Sean Papich-Landscape Architect

• Asphalt area near front will be removed
• Impervious surface is being reduced by removal of the driveway

 

Conservation Officer

• Concur with resource area delineation
• It is commendable that the applicants are reducing paved area
• Need to address the construction, proposed within the 50 foot no touch area
• Filled in pool does not grandfather new pool within buffer
• Suggest that the applicant reconfigure pool complex to address the 50 foot buffer in the TOH Wetland Bylaw

 

Commission Discussion

• Review of topography of the area
• Review of current and proposed foot print of the project

 

The Acting Chair opened the hearing to the public. 

35 Highview Drive– Ray Eisenbeis

• Requested to have the restrictions related to 100 foot and 50 foot setbacks described.

 

36 Highview Drive

• Was told that the existing home must stay within the current foot print
• Developing more of the property footprint will have impact on the resource areas (Rep.  Looking for a net improvement to replace the lot with something better)

                       

21 Highview Drive

• What material was used to fill in the pool
• Are there any regulations to make them check it?  (Rep. response:  No regulations)

 

19 Oceanview - Will the walking right of way be preserved?  (Rep response:  Yes)

The Acting Chair closed the hearing to the public. 

 

Motion:  Commissioner Coughlin motioned to continue the hearing for 39 Highview Drive with the applicant’s consent to 3/26/12.

Second:  Commissioner McKenna          In Favor: All       Opposed: None

 

Request for COC - 30 Plymouth River Rd. – SE 34 0951 – Applicants: J. & M. Camuso; as Trustee of Blue Water Realty Trust

Conservation Officer – septic is in place and built according to Order of Conditions.

Motion:  Commissioner McKenna motioned to issue a COC for 30 Plymouth River Road.

Second:  Commissioner McIsaac            In Favor: All       Opposed: None

 

Meeting adjourned at 8:30 p.m.

Respectfully submitted, ________________________   Cliff Prentiss, Conservation Officer      Approved as amended on 4/23/12.