MINUTES
CONSERVATION COMMISSION
TUESDAY, JAN. 22, 2013, 7:00 P.M.
TOWN HALL, SELECTMEN’S HEARING ROOM, 870 MORAINE ST., MARSHFIELD
Members present: Mark Stevenson, Chairman (MS), Chris Kenny (CK), William Levin (WL), Robert
Conlon (RC), Frank Woodfall (FW), Jay Wennemer, Conservation Agent (JW). Members absent:
Walter Greaney (WG). Atty. Robert W. Galvin, Town Counsel, present.
MS motion to open, CK second, passed 5-0-0.
EXECUTIVE SESSION
MS motion to go into Executive Session at 7:10 p.m. for the purpose of discussing pending
litigation, to return to open session, CK second. Roll call vote: MS – yes; CK – yes; WL – yes; RC
– yes; FW – yes. Motion passed unanimously. The Commission returned to open session at 7:35
p.m.
MINUTES No action
BUSINESS
1.
Vote & sign Orders of Conditions for closed hearings (if projects are voted closed and/or
the Commission is prepared to vote on Conditions):
LJV, LLC – JW gave draft Orders to Commissioners. MS motion to accept as drafted, CK
second, motion passed 5-0-0.
2.
Scheduled Meetings: Tuesday 2/5/13, 2/19/13, 3/5/13, 3/19/13
3.
941 Summer Street CR – Deed Restriction?
4.
Re-sign Orders of Conditions for Green, 41 Water Street (originals lost) SE42-2303
ENFORCEMENT ORDERS - Updates
Masse, 110 Elm Street
Reilly, 110 Elm Street, Lot A
Walker, 110 Elm Street, Lot B
Callahan, 316 Spring Street
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
Current:
1. 1054 Dickinson, 184 Carolyn Circle
2. 1357 Dickinson, 184 Carolyn Circle
3. 2381 NSTAR, Pine Street
None of the above are ready for Certificates of Compliance at this time.
REQUESTS FOR DEVIATION
REQUESTS FOR EXTENSION
January 22, 2013
NEW BUSINESS
This time is reserved for topics that the chair did not reasonably anticipate would be
discussed. JW – re: Jim O’Connell – would like to hire him to be an assistant agent to
help out with coastal issues. Can lend a hand to DPW with seawall issues. Can work 19
hours a week for 50 weeks. Slightly less than a half time position. Hazard mitigation
grants, community rating system for renewal, annual report due. Town Planner has a
number of grants for sea level rise, master plan for the harbors and ports.
PUBLIC HEARINGS
MS recused from following DPW hearing.
7:15 2438 DPW, Main St. R./Ferry St. R. – Rod Procaccino, Town Engineer & Pat
Brennan, Amory Engineers, present. CK hearing officer. New drinking water pumping
well proposed near the Fairgrounds. Gravel-packed well, 300’ deep. Existing cart path to
be improved. Received approval from DEP in 2008 and got MEPA “no take” project.
Wetlands at bottom of hill. No effect on water levels when pump tests were taken. Brick
and block pumping station, reinforced foundation. Mr. Brennan said they are not required
to disinfect at this time, but will do that anyway. Will be putting in water main and electric
line to feed station. Water line will also be extended from this site north all the way up to
clay pit road and south to south river street pumping station. Will connect water main in
both areas. Red on plan is filter sock to prevent erosion, some grading, crushed stone
around pumping station. JW – the existing cart path meanders a bit; will you take down
many trees? Have highlighted trees on plan Pat said – about 8 along the cart path to
straighten it out. JW – what will the surface of the access road be? Stone dust or gravel
material Pat said. No pavement. JW – what is the limit of work nearest the wetland, 10’ or
15’ away Pat said.
Pat – building is partially within 50’ setback; more than 25’ from the wetland. JW – any
other changes to the rest of the property? Pat – just the grading and improving the access
road; nothing in the wetlands. JW – mapped habitat? Yes. Heritage said “no take”
project. JW – an additional water source, not replacing? Pat – not replacing - will be a
redundant supply project.
JW encourages DPW to have restrictions for high demand conditions; difficult for DPW to
propose these things, but we could help. Pat – all towns in south coastal basin are going
through water management renewal; requiring restrictions on outdoor water use. CK
motion to close, RC second, passed 4-0-0.
MS returned to the room.
7:30 2427 Lewandowski, 33 Bay Street – applicant has requested a continuance to
2/5/13. MS motion to continue to 2/5 at 7:30, CK second, passed 5-0-0.
7:30 24__ Johnson, 260 South River Street – MS motioned to open the meeting, CK
second, passed 5-0-0. Applicant has requested a continuance to 2/5/13. MS motion to
continue to 2/5 at 7:30, CK second, motion passed 5-0-0.
7:30 2256 JOMAT, Union Street - William McGovern, Morse Engineering; Atty. Diane
Tillotsen; Steve Ivas, Ivas Environmental and Mr. Robert Gray, Sabatia, Conservation’s
consultant, present. Continued hearing after being remanded by the court and discussion
of the revised plans that were submitted in the late fall. A number of considerations raised
by the Commission at that time; asked to make certain revisions. Overflow pipe to be
installed to avoid flooding on abutter’s property; has been done. Also asked to take a
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January 22, 2013
careful look at the sequencing construction. Developed a series of detailed conditions
which require us to construct the gravel roadway first to allow it to become compacted to
utilize that driveway to get back to the replication areas, do the replication, then come back
and pave the driveway. Phased the work in such a way that the construction will have
very good oversight by the Commission and their consultants.
Mr. McGovern – discussed access through the site in order to get back to the replication
site. Broken it up into a couple of steps, 4 phases. Difference on newest plan is
highlighted where additional pipe is to Mr. Toucey’s back yard. Front part of property will
be accessed immediately adjacent to existing driveway. Enlarging enough to bring in
driveway and not disturb Toucey driveway. Wood chips from removed trees will be used
for base. Plan is to go in and remove organic material, use back in replication area; will
have to be temporarily stockpiled off site then returned to the site. The area inside is fairly
firm because of the vegetation.
The work will start from back to front. Profile sheet indicates that we’re running very close
to existing grade; substantial amount of fill is about 3’ and the rest from Union Street
matches existing grade. Not allowed to stockpile in any areas of the Toucey’s property.
MS asked how big the culver is; 5’ wide and 18” high Mr. McGovern said. Culvert area
anticipating 2’ of removal Mr. McGovern said. JW – driveway first, then replication? Yes.
Atty. Tillotsen – one condition is we know we would not be issued a building permit until
the replication area is done.
FW – side slopes 3 to 1? Mr. McGovern – have a cross section dropping 2 to 1, maximum
slope. Will try to stabilize it. Will place trap rock so we don’t get scour.
Mr. Gray – submitted comments with revision date of 12/13/12. Mr. Gray said he is
comfortable with the revisions and hopes the Commission is also satisfied with what the
applicants have brought forth. Using a combination of suggested conditions and
suggested conditions from Atty. Tillotsen, the Commission has reason to approve the
project. If replication doesn’t get done first, it sometimes doesn’t get done at all. Would
like to check on commencement of replication that will start in September of 2013; concur
with that – good at end of the month for planting, getting area graded. Monitoring the
area for requisite period of time and for invasive species. Urge all parties to remember
DEP is part of this process on a different level; make sure DEP gets all this information if
they haven’t already.
Atty. Tillotsen said the Amendment package is to be sent to DEP to incorporate with their
Superseding Orders. They still need to issue a 401 Water Quality Permit. MS motion to
continue to 2/5 at 7:45, CK second, passed 5-0-0.
7:45 2435 Callahan, 316 Spring Street – applicant has requested continuance. MS
motion to continue to 2/5 at 7:45, RC second, passed 5-0-0.
7:50 24__ Sisk, 78 Blue Heron Way - MS read notice of public hearing. Mr. & Mrs. Sisk
present, and April from the Cherry Hill Pool Company. Location was chosen that fits with
the set backs and performance standards. The front yard would have been their only
other choice. Salt marsh behind; goes out to Green Harbor. Limit of work shown on plan.
Some work (grading) being done within 25’. Cartridge filter; salt generator filtration. No
back-flushing needed. FW asked about swing area – grass now? Mr. Sisk said it’s gravel
but will be grass.
April – filter system goes from the skimmer through the pump then into the filter, then
comes back; has two ways water comes back; have self-cleaning unit and skimmers on
the side. Called a salt water generator; attached with the filter; salt generator separates
the chlorine and the salt from the water. Never adding chlorine. Water to be removed
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January 22, 2013
(lowered) for winterizing. FW asked if there are plans for a pool house; Mr. Sisk said there
is not. MS motion to continue to 2/5 at 7:30, CK second, passed 5-0-0.
8:00 2439 Dirico, Hunter Drive – MS read notice of public hearing. MS hearing officer.
Kevin Maguire, Jack Dirico and John Zimmer of South River Environmental present. Two
abutters present: Mr. Haefner and Mr. Whalen. Proposing gas line from hunter drive to
Dirico property; also place pavers along driveway for two way passage; proposing some
planting of trees to the entrance. Mr. Maguire went through color chart to explain plan.
Proposing siltation fence across the ditch; can do more if necessary. Also Endangered
Species area. MS – some of the work restoration – is it all taking place on Mr. Dirico’s
property. None of the restoration is on Mr. Dirico’s property; it belongs to the Town of
Marshfield Conservation. Going to remove most of the drainage pipe but leave two
sections at the beginning. MS – plantings? Mr. Maguire – going to remove down as close
to natural grade as we can. About 35’ of earthen berm.
John Zimmer – small intermittent stream coming down, channeled into a pipe, then buried.
Going to remove the pipe, re-create stream, daylight it into existing channel. Will do
similar thing on the other side. Bring grade down and replant with shrubs. JW – this
should put conservation property back to about what it was; would call it restoration not
replication. MS – any work proposed on any abutters land other than the Town? Mr.
Maguire – no work on abutters property; two stubs will be left on the gas line, if they hook
in they’d have to come to the commission. JW – when you say the work is on the
easement, it’s an easement on the town-owned property, right? Right. John Zimmer –
gas line will cross stream, written up in NOI of how it’s going to be done. Gas line going to
the right side of the bridge. Restoration will be done first, then the gas line, then the
pavers Mr. Maguire said. 6 or 7 trees to be planted will be on town property. JW satisfied
this plan and proposal will put the conservation land back to the way it should be and allow
the gas line to be installed.
Jim Whalen, 4 & 20 Hunter Drive, asked where exactly the line is coming in, to the right or
left of the road as you look toward the river; Mr. Maguire – off to the left (blue line on plan).
Mr. Maguire – the gas company digs as much as they can in one day, then fills; all the
work in each area is done in one day. Will be blocked for egress/access; whole project
should take about three days. MS will require bond to make sure work is done; Town
Conservation can take bond money to finish the work. $10,000. John Zimmer stated the
fee seems high for such a small area. MS motion to close, CK second, passed 5-0-0.
MS motion to adjourn at 9:30 p.m., WL second, motion passed 5-0-0.
Respectfully submitted,
Lois Keenliside
Marshfield Conservation Commission
Jay Wennemer, Conservation Agent
Mark Stevenson, Chairman
Walter Greaney
Chris Kenny
William Levin
Robert Conlon
Frank Woodfall
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