September 3, 2013
MINUTES – CONSERVATION COMMISSION
TUESDAY, SEPTEMBER 3, 2013 7:00 P.M.
TOWN HALL, HEARING ROOM 2
870 MORAINE ST., MARSHFIELD, MA
Members present: Chris Kenny (CK), William Levin (WL), Robert Conlon (RC), Frank Woodfall
(FW), Chad Haitsma (CH) and Jay Wennemer, Conservation Agent (JW). CK motion open
meeting, FW second, passed 5-0-0.
MINUTES – Approve past Minutes – No Action
BUSINESS
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5.
Vote & sign Orders of Conditions for closed hearings (if projects are voted closed and/or
the Commission is prepared to vote on Conditions):
SE42-2474 Maynard, 4 Trouant’s Island – CK motion to accept Orders as
drafted, WL second, passed 5-0-0.
Scheduled Meetings: Tuesday 9/17/13, 10/8/13; 10/29/13
941 Summer Street CR – Deed Restriction
Boys & Girls Club CR
CPC funds for trails – JW reported there has been a change in the law allowing broader
use of CPC monies. We can now apply to get funds for trail work. Deadline is end of
September to put in paperwork. JW will draft request. JW asked the Commissioners to let
him know of any special areas they might have in mind. Funds cannot be used for
maintenance; must be for new trails or to make improvements. In Carolina Hill, 870 +/acres, there is one trail-less section that could be connected around the perimeter. Also
one area where stream cuts across the power lines – on east side of power line easement
there’s a stream crossing it; would be nice spot for a bench or overlook. JW noted there
was an observation deck at the highest point back in the 1800’s, something like that would
be nice. CK suggested plaques to identify the areas in Carolina Hill. FW suggesting
having trail maps laminated, and said he would check out the Eagle Scouts to see if they
had an interest.
ENFORCEMENT ORDERS
REQUESTS FOR CERTIFICATES OF COMPLIANCE
Backburner:
1. 1658 Heaney, 29 Farragut Rd
2. 2324 Wallace, 110 Damon’s Point Road
3. 1090 Peterson, 219 Ridge Road
4. 1827 L. L. Smith, 60 Macomber’s Ridge
5. REQPCC-1925, Cushing Construction (Parsonage St.) Garden Gate
6. 2381 NSTAR, Pine Street
Current:
2461 Ramsey, 172 Damon’s Point Road - ok
1516 Charbonnier, 28 Parker Street - ok
2125 Charbonnier, 28 Parker Street - ok
2023 Turner, 106 Preston Terrace - ok
2457 Bagnall, 214 Bay Avenue - ok
2427 Lewandowski, 33 Bay Street – hold for elevation certificate
1958 Ceurvels, 75 Monitor Road - ok
1783 Ferrone, 76 Monitor Road - ok
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September 3, 2013
CK motion to issue CC’s for all but 2427 - Lewandowski. FW second, passed 5-0-0.
Lewandowski came in with a couple of additions and expansions; since orders were issued
they’ve downsized the project. Have nothing in the file that shows what’s been done. Need asbuilt plan and elevation certificate to clarify.
REQUESTS FOR DEVIATION
2335 Charbonnier, 47 Charlotte Street – JW suggested approving – originally came in for
additions and elevation of whole house; decided to only add screened porch. Much less impact
to the area. New house would have been up on pilings; now putting on sono tubes. Still within
the footprint, but 1/10th of the project. CK motion to approve the request for deviation, WL
second, passed 5-0-0.
REQUESTS FOR EXTENSION
SE42-2302 Town DPW, Atlantic Street & Coastal Streets – JW suggested approving – CK
motion to approve a three-year extension, WL second, passed 5-0-0.
NEW BUSINESS
This time is reserved for topics that the chair did not reasonably anticipate would be discussed.
PUBLIC HEARINGS
7:20 2477 Bryda, 271 Standish Street – CK read notice of public hearing. RC hearing officer.
Rick Servant, Stenbeck & Taylor, present. Applicant is proposing a 28 x 20 addition and 4’
addition to garage. Located on Barrier Beach. Just out of the flood zone. Concrete piers
proposed. Garage – proposing to elevate to concrete blocks to put an overhead door on
structure and expand garage for storage.
Proposing small deck extension between deck & house. Main focus is the 28 x 20 addition. RC
asked if a concrete floor is proposed; Mr. Savant answered yes. JW was out on site today; pretty
straight forward; addition on isolated supports. Already existing slab there; 4’ extension wouldn’t
be out of the question. Would recommend pavers if slab was to be removed. FW asked if roof
run off is proposed. Mr. Savant said nothing is proposed at this time. JW said it could be added
to the Orders of Conditions that they would have to infiltrate into leaching pits. RC motion to
close, WL second, passed 5-0-0.
7:30 2473 Carstens, 13 Middle Street – CK read notice of public hearing. CK hearing officer.
Arthur Hale and Mr. Carstens present. JW noted hearing had been continued to give Mr. Hale
and the applicant an opportunity to look into concrete piers vs. pilings. Mr. Hale said he is afraid
of undermining the house next door. JW asked if the applicant would rather not have pilings
because of the expense. Mr. Hale said he is more concerned about the house next door. As
proposed, the elevation would be at 14’. The ZBA is trying to get it to 16’. Building Commissioner
Jerry O’Neill said he will work with Mr. Hale – such a small lot – might be able to work something
out. Would save on the insurance. Mr. Hale said he wants to see if he can get it higher than
designed and will let the Conservation Commission know. Looking to get to 16.1 in the same
footprint.
JW suggested coming down the stairs and wrap it around; Mr. Hale said 14’ is the worst case
scenario. JW stated a new plan would be needed with deviation or amended order the proposal
changes to 16’. CK motion to close, RC second, passed 5-0-0.
7:30 24__ MacDonald, 629 Union Street – CK read notice of public hearing. Mr. & Mrs.
MacDonald present. Proposing to replace wood retaining walls with stone walls. When house
was built they put in rail road retaining walls which have rotted away. There is no change
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September 3, 2013
proposed in the location of the walls. RC asked how high the walls would be – Mr. Mac Donald
said 3’ and then set back 3’. JW asked if that is for both walls or just one. Higher elevation wall
is to be replaced; other one is sunk into the ground. JW was out on site and said there is
adequate set back. Only concern is erosion control during work and until stable. Silt sock will be
required. RC asked if any vegetation is going back; Mr. MacDonald said ‘absolutely’. CK motion
to continue to 9/17 at 7:30 for receipt of a file number from the State, WL second, passed 5-0-0.
7:40 2476 Hill, 175 Riverside Circle – CK read notice of public hearing. Rick Servant from Stenbeck &
Taylor, and Mr. & Mrs. Hill present. FW hearing officer. Drainage ditch at the back of the house is
classified as a wetland, drains off the hillside. The proposal is for construction of a 20’ x 14’ one-story
addition with a 14’ x 13’ patio 26’ off the bank of the ditch/swale. Existing concrete slab, hoping to extend
slab to contain addition. Paver patio proposed, or slate, Mr. Hill said. FW noted any water we add to that
area will augment the problem. Run off should be put into dry wells. Silt fence and silt sock proposed.
FW asked if the trucks doing the work will be entering into the 25’ buffer. Mr. Savant said he has asked
the architect to design something small, keep equipment out of the wet area. JW – would have to bring
truck around back or lift it six feet.
JW is concerned with the deep slope of the back yard down to the ditch - no vegetation. Over time that
will erode and wash soils into that ditch. Would like the area re-planted with shrubby vegetation so slope
becomes vegetated and lawn stops at top where it begins to drop off. Intend to re-plant the bank. RC
asked if it’s possible to get a cement truck down the right side of the house; Mr. Servant said they could
probably do that. CH asked JW if there is a list of shrubs that are given out with recommendations. JW –
have quite a few lists. This site has a very narrow wetland. JW asked when they were planning to do the
construction. Mr. Hill said as soon as possible. JW noted the planting season for small shrubs is really
about the next two months; after that can’t do anything until May. Mr. Hill will supply JW with a list so JW
can incorporate it into the Orders. Hay bales staked with silt fence requested. JW asked if the Hills have
used a lot of fertilizer since the yard is very lush. Mr. Hill stated they haven’t watered and haven’t
fertilized, it’s just healthy crab grass. FW suggested leaching pits for roof runoff. FW motion to close, CK
second, passed 5-0-0.
7:40 2217 John Sherman Est., Main St. – regarding Amendment request. Mr. France, Atty. Driscoll,
and Terry McGovern from Morse Engineering, present. Mr. McGovern stated they are in the process of
creating an OSRD – CR on the open space parcels that are created. Restriction has to be held by a third
party that is usually a non-profit entity. White Oak Estates next door – makes sense for the Conservation
Commission to hold the CR. He stated they are here to see if the Commission is amenable to holding the
CR. Atty. Driscoll said the Planning Board has a particular list of their requests. Access agreement from
White Oak – to John Sherman Estates.
The document would be recorded at the Registry of Deeds. Planning has asked to get a definitive
answer from Conservation that this will be attended to. They are meeting next Monday night with the
Planning Board. Geometric waivers needed before meeting can be closed. Planning Board wants to
know definitely who would hold CR. JW said he looked in the office for a CR on White Oaks Farm but
cannot find any paperwork. He asked if the property Conservation would hold the CR on is open to public
use or just for the condominiums. Atty. Driscoll said he believes it’s open to the public.
JW also noted in the past, not every time, the Commission has begun to charge for the work that is
involved in holding the CR – annual inspections, policing, potential of taking someone to court. There is a
financial burden that the Town would take on if we agreed to a CR. JW noted, in the past, Conservation
has asked for an endowment – put in an escrow account. WL asked what documentation would
guarantee public access. Atty. Driscoll said documentation would be in the CR itself. JW asked if the CR
is going to take into account Natural Heritage issues. Atty. Driscoll said that’s not done until the
subdivision’s Orders are issued. Only then will Natural Heritage sit down.
WL said he would be satisfied if the agreement was left open – Atty. Driscoll suggested having in writing
“subject to the conditions to be imposed and considered reasonable by the Conservation Commission “
and listed a, b, c, d – this caveat would satisfy the Planning Board. CK motion to have JW draft a letter to
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Planning Board that the Conservation Commission agrees to hold the CR on part of the OSRD subject to
mutually agreed upon conditions, RC second, passed 5-0-0. CK motion to continue to 9/17 at 7:25, RC
second, passed 5-0-0.
7:50 2470 Madden, 76 Everson Rd. –hearing had been continued for new plan. Ms. Madden present.
New plan brought in with foundation change – wood pilings. JW out on site today; agree house needs to
be replaced. No issues with what’s proposed. Exact same footprint, will just be raised up higher. JW
asked why the plan had changed from piers to pilings. Ms. Madden said she thought she had to do that
to satisfy the Commission and that soil tests showed that pilings were needed because of a layer of peat.
JW said the whole area is Barrier Beach; often salt marsh and sand dunes push back covering the peat,
and peat can’t support the structure. Pilings penetrate the peat and you’d have appropriate support. RC
motion to close, CK second, motion passed 5-0-0.
8:00 2475 Adelaide R.T., 108 Webster – Applicant has requested a continuance. CK motion to continue
to 9/17 at 7:45, RC second, passed 5-0-0.
CK motioned to continue the Enforcement Order to Erich Roht, formerly Mary’s Boat Yard, Marshfield
Hills Realty Trust, 2205 Main Street, Marshfield, MA, RC second, passed 5-0-0.
CK motion to adjourn at 9:00, RC second, motion passed 5-0-0.
Respectfully submitted,
Lois Keenliside
Marshfield Conservation Commission
Jay Wennemer, Conservation Agent
Chris Kenny, Acting Chair
William Levin
Robert Conlon
Frank Woodfall
Chad Haitsma
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