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HINGHAM CONSERVATION COMMISSION
December 14, 2009 at 7:00 PM Central Meeting Room North
MEETING MINUTES

 

Conservation Minutes

Present: Eugene Babin, Chair, Carolyn Nielsen, Vice-Chair, Charles Berry, Daniel Coughlin, Scott McIsaac, Robert Perry, Nina Villanova and Cliff Prentiss, Conservation Officer

CONSERVATION AGENDA-December 14, 2009

7:00 PM Old/New Business
Approve Draft Minutes - 11/30/09
Discussion
Approval of Conservation Meeting Dates and Submission Dates January 2010 - June 2010

7:15 PM Notices of Intent
5 Indian Rock Lane – DEP SE 34 1020
Applicants: Kenneth and Amy Murphy / Rep: Michele Simoneaux

27R Pioneer Road – DEP SE 34 1017
Applicant: Margery Myers / Rep.: Paul Shea – Independent Environmental Consultants

250 Martins Lane – DEP SE 34 1018
Applicant: The Trustees of Reservations / Rep: Stacy Minihane – Beals and Thomas, Inc.

421 Lincoln Street – DEP SE 34 1019
Applicant: Atlantic Development c/o J. Swerling / Rep.: Joshua Swerling – Bohler Engineering

Please Note:
Correspondence was received on 12 04 09 from the Representative requesting that the public hearing for the
Ward St. Turf Fields Project (DEP SE 34 1016) be opened at the next available date in January 2010.

Certificates of Compliance
10 Puritan Road – DEP SE 34 0963
Applicant: Phyllis Marglin

121 High Street – DEP SE 34 1015
Applicants: Chris Harrison and Carolyn Murray

8 Baker Hill Road – DEP NE 34 0709
Applicants: T. & J. Sharp

Old/New Business – Meeting called to order at 7:00 p.m.
1. Approve 11 30 09 draft minutes
Discussion: Edits were discussed and noted.
Motion: Commissioner Coughlin motioned to approve the 11/30/09 draft minutes as amended.
Second: Commissioner Berry In Favor: All Opposed: None
It is noted for the record that Commissioner Nielsen did not vote as she was not in attendance at the 11 30 09 meeting.

2. Approval of Conservation Meeting Dates and Submission Dates for January-June 2010.
Motion: Commissioner Nielsen motioned to approve the meeting and submission dates for January – June 2010.
Second: Commissioner McIsaac In Favor: All Opposed: None

3. Request to accept 16.0 acres of Conservation Land (open space) at French’s Crossing (Ridgewood Crossing) from the developer.
It is noted for the record that Commissioner Nielsen is recusing herself from this discussion and vote since she is a resident.

Discussion - Conservation Officer
• Part of the Planning Board approval process, noted that when it was approved should be gifted to Conservation or a similar organization
• Gift of land was to be done prior to the construction of the units
• Has been under construction for at least 4 years

Motion: Commissioner Berry motioned to approve the transfer of ownership of the property abutting Ridgewood Crossing to the Conservation Commission.
Second: Commissioner McIsaac In Favor: All Opposed: None
Commissioner Nielsen recused herself from the vote.

Commissioner Nielsen rejoined the Commission.

4. Congratulations to Commissioner Berry for finishing the MACC Fundamentals for Conservation Commissioners.

5. DEP Appeal/Acceptance for Superseding Determination of Applicability – 15 Merrill Street, Hingham, Ma
Site visit will be December 30, 2009 at 10:00 a.m.

6. Commissioner Babin noted that correspondence was received on 12 04 09 from the Representative requesting that the public hearing for the Ward St. Turf Fields Project (DEP SE 34 1016) be opened at the next available date in January 2010.

Commissioner Babin read the usual information dealing with filings.

7:15 PM Notices of Intent

5 Indian Rock Lane – DEP SE 34 1020
Applicants: Kenneth and Amy Murphy / Rep: Michele Simoneaux

Presentation: Michele Simoneaux
• NOI submitted for proposed grading changes to the rear of the home to create a back yard for his children
• Sub Division Constructed in the late 1980’s
• Resource Areas: Bordering Vegetated Wetlands, Top of Inland Bank, Bordering Land Subject to Flooding, Perennial River and River Front Area
• 20’ wide drainage & utility easement which feeds through the eastern portion of the lot and into a constructed drainage swale for stormwater management and control, has naturalized over the years, and transitions into a BVW to Triphammer Brook (a perennial stream)
• Project started in summer 2009 with cutting of trees in the 100’Buffer Zone and 200’rapierian area
• Total area cut 8,200 square feet – 3,200 is in the outer riparian zone, no cutting took place in the 50 foot buffer zone or the inner 100 foot riparian zone
• Applicant proposed to re-grade the lot, stump the trees-No soil has been disturbed
• Erosion controls will be used around the whole limit of work and drainage swale
• Applicant would like to start work in early spring.

Discussion: - Conservation Officer
• Looked at this property when it was being developed
• Detention basin is now full of wetland plants – originally was Kress Farm and met the standards of that time
• Wetlands line is correct
• Would like to see that no grading is done into the Flood Plain
• Any cutting done in the Flood Plain, recommend planting be done
• Augment with additional native plantings-high bush blueberries, winterberry, and ornamental plants

Applicant – Mr. Murphy
• Purchased the home 11 years ago – has been dry until recently.
• In agreement with the Conservation Officer’s suggestions

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

Motion: Commissioner Coughlin motioned to close the hearing and direct the Conservation Staff to write an Order of Conditions for 5 Indian Rock Lane.
Second: Commissioner Berry In Favor: All Opposed: None

27R Pioneer Rd.–DEP SE 34-1017-Applicant: Margery Myers / Rep.: Paul Shea – Independent Environmental Consultants

Presentation: Paul Shea
• Proposed project is for a new Title Five septic system
• Must go before the BOH for a variance
• No other place on the property to place the septic system
• Where work will be performed is all existing lawn area

Discussion – Conservation Officer
• This is an improvement over the existing situation.

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

Motion: Commissioner Perry motioned to close the hearing and direct the Conservation Staff to write an Order of Conditions for 27R Pioneer Road for a new Title Five septic system.
Second: Commissioner Villanova In Favor: All Opposed: None

250 Martins Lane – DEP SE 34 1018
Applicant: The Trustees of Reservations / Rep: Stacy Minihane – Beals and Thomas, Inc.

Presentation – Stacy Minihane
• Work to improve tidal flows and public safety at Damde Meadows Salt Marsh
• Project is to remove two existing culverts – lower – (Phase I/Emergency Certification) and upper – (Phase II)
• Replace one with an open channel and one with a bridge
• Phase I removal was done as an emergency certification and this application for this work is submitted to be “after the fact”
• Resource Areas: Land Subject to Tidal Action, Land Subject to Coastal Storm Flowage, Coastal Beach, Coastal Bank, Salt Marsh, Land Containing Shellfish, Land under the Ocean, buffer zones, BVW
• Exempt from filing with MESA due to restoration character
• Will enhance 15 acres of salt marsh, improve tidal flows to Damde Meadows, flood storage, fish and shell fish habitat and reduce invasive reeds
• Photos submitted and a rendering of the bridge at the upper causeway

Discussion – Conservation Officer
• Work will remove the safety hazards
• All have worked very hard to get Phase I accomplished

John Chessia – Chessia Consulting reviewed his findings from his report of 12/9/09
• Wetland flags were not present in the field
• Unclear if the sections of clay pipe that remain within the marsh will be plugged
• Additional erosion control measures/details need to be given.

Conservation Officer agrees that clay pipe should be plugged and erosion controls will be noted as Conditions.

Commissioner Babin opened the hearing to the public.

147 Martins Lane – Maggie Merrill - Abutter
• Most neighbors are satisfied with the Trustees response to the situation
• Questioned long term monitoring, what are you doing and how are you going to prove that the marsh has been improved, and when will the timeline begin?

Commissioner Babin noted that the Order will be for 3 years and applicant can ask for an extension. Work that has been done so far has been timely.

Conservation Officer
• Work will be timed to avoid fish runs
• Best thing to do for marsh restoration is to get salt water back into the meadow
• Can put in mileposts into the Order to see how the restoration is doing, benchmarks can be placed in the Order

Brian Degasperis - Trustees of Reservation
• Noted that there is a monitoring plan for the Damde Meadow salt marsh restoration project and will be forwarded to the Commission

Commissioner Babin closed the hearing to the public, as there were no other comments.

Motion: Commissioner Nielsen motioned to close the hearing and direct the Conservation Staff to write an Order of Conditions for the additional culvert work at 250 Martins Lane.
Second: Commissioner Coughlin In Favor: All Opposed: None

421 Lincoln Street – DEP SE 34 1019
Applicant: Atlantic Development c/o J. Swerling / Rep.: Joshua Swerling – Bohler Engineering
Presentation: D.J. MacKinnon from Atlantic Development and Bill Gobel – Boheler Engineering
• Is formerly the Weber Dodge additional parking property site
• Under agreement to purchase this property and construct a TD Bank
Bill Gobel – Bohler Engineering
• Site is currently all parking lot and drains toward the rear of the property to the River
• Proposal is to remove the existing parking lot
• Construct 3800 sq. foot TD Bank, 3 drive thru lanes, parking, lighting, landscaping, drainage and improvements
• Have worked with the Planning Board on revisions
• Proposing to reduce the impervious cover and maintain similar drainage patterns,
• Calling it redevelopment project
• Will see reduction in the rates of run off and improvement in the water quality coming from the project from water quality units
• Received Mr. Chessia’s letter

Conservation Officer
• Noted that Mr. Chessia did a good review
• Wonderful to see that the pavement will be pulled out of the riverfront area
• Concur that a planting plan is needed for the restoration to enhance the riverfront and the project site

Mr. Chessia reviewed his report of December 11, 2009 with the Commission.

Bill Gobel – Bohler Engineering
• Have reviewed Mr. Chessia correspondence
• There is nothing that we take exception to and can work with Mr. Chessia.

Conservation Officer noted that the revised plans can come in and then the Conservation Staff will review the plans and then can release the Order. I recommend that the Commission to close.

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

Motion: Commissioner Berry motioned to close the hearing and direct the Conservation Staff to write an Order of Conditions pending the modifications of the plans and the staff’s review and approval for 421 Lincoln Street.
Second: Commissioner Coughlin In Favor: All Opposed: None

Certificates of Compliance
10 Puritan Road – DEP SE 34 0963
Applicant: Phyllis Marglin

121 High Street – DEP SE 34 1015
Applicants: Chris Harrison and Carolyn Murray

8 Baker Hill Road – DEP NE 34 0709
Applicants: T. & J. Sharp

Discussion: The Conservation Officer reviewed each project and noted to the Commission that they had all been built according to the Orders of Conditions.

Motion: Commissioner McIsaac motioned to issued Certificates of Compliance for 10 Puritan Road – DEP SE 34 0963, 121 High Street – DEP SE 34 1015, and 8 Baker Hill Road – DEP NE 34 0709.
Second: Commissioner Nielsen In Favor: All Opposed: None

Meeting Adjourned at 8:35 p.m.

Respectfully submitted,

_________________________
Cliff Prentiss, Conservation Officer Approved as amended on 12/28/09.