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HomeMy WebLinkAboutMinutes - CC - 11/20/2014 Cohasset Conversation Meeting November 20, 2014 Date: Thursday, November 20,2014 Time: 7:00 p.m. Place: Town Hall Basement Meeting Room 41 Highland Avenue Cohasset, MA Commissioners Present: Jack Creighton, Chairman Patrick Kennedy,Vice Chairman Edward Graham Alex Koines James Marten James Gilman Justin Pimpare,Associate Patrice Vogelman,Associate Commission's Consultant Present: CCC/SW Agent, Paul Shea Chairman Jack Creighton called the meeting to order at 7:00 p.m. 7:00 p.m.—417 Jerusalem Road-continued Attorney Adam Brodsky was present along with his associate Scott Golden,Stan Humphreys-Coastal Engineer from LEC, Robert Parris of Parris&Associates-General Contractor and Brian Dunn-Engineer from MBL. Chairman Creighton stated this hearing was continued and there was a question of whether the Conservation Commission should open the hearing or not as all of the permits haven't been applied for. Patrick Kennedy stated his concern with the hearing being opened at the October 16`" meeting as the applicant had not filed an application for a large home review. He read into the record an email from Building Commissioner Bob Egan that was received on 10/17 in which he stated that he has not seen the plans for the proposed construction but has been made aware that the new house will be over 3,500 square feet and will be subject to a large home site plan review with the Planning Board. This is not a permit; it is a review to allow abutters to be notified. Patrick Kennedy responded that he disagreed with Mr. Egan's opinion. Patrick Kennedy stated that these are his views and not the views of the commission. Mr. Brodsky spoke to the commission. They did file for a large home review today with the Planning Board. He stated he is comfortable that it was not required to open the hearing. Mr. Brodsky stated he also disagrees with Attorney Henderson that they do not need a variance for the proposed project. Attorney Henderson stated when the original application was filed on the face of the documents there was a zoning issue. There was a variance requirement. A person cannot file for a NOI until they have applied for all other relief. There are two defects prior to sending the NOL The hearing should not have been opened. They have submitted new plans but the initial hearing is not valid. Attorney Brodsky stated the Conservation Commission has the discretion to open the hearing. Chairman Creighton advised Attorney Brodsky that the commission opened the hearing after making it extremely clear to the applicant that there may be a procedural issue with opening the hearing and the applicant agreed to take the risk. Attorney Brodsky stated he will continue to look into the issue but he feels the hearing is legal. James Marten stated since everyone is here the commission should hear what they have to say. The commissioners agreed that the hearing is open and they should proceed. Attorney Brodsky stated the lot is 23,800 square feet and there is an existing house with a garage,deck and driveway. The majority of the property is located in the buffer zone of the coastal bank. There is a lawn to the edge of the coastal bank. There is no storm water management treatment needed. They 1 ConCom-11/20/14-TC Cohasset Conversation Meeting November 20, 2014 are proposing a roof recharge system. There will be a retaining wall around the rear of the house. The total alterations in the 0-50' buffer is 5815 s.f. and in the 50-100'buffer is 6853 s.f. This is a net environmental improvement. They will be removing approximately 1069 cubic yards of top soil to pin the foundation. There will not be any blasting. Attorney Brodsky outlined the wetland issues for the commission. There is no adverse effect on the stability of the coastal bank. The commission will do a site visit on Wednesday, November 261h at 8:00 a.m. The hearing is continued until December 181h at 7:45 p.m. The applicant filed for the large home review and is scheduled on January 7tn 7:35 p.m. -Electronic Filing Presentation-Ian Luster Ian Lyster reviewed the new Electronic Filing that the Conservation Commission will be using. 7:45 p.m.—97 Forest Avenue-continued Jeff Hassett-Engineer from Morse Engineering was present on behalf of the applicant, Kevin Henry. The proposed project is for a new single family dwelling for Lot#3 on 97 Forest Avenue. The property was sub-divided as part of an ANR approved by the Planning Board. The property is approximately 1.7 acres and primarily wooded. There will be a shared gravel driveway and a detached garage. The NOI is for creating a lawn area and installing a well within the 100' buffer zone to the Wetlands. They will use an erosion control barrier at the limit of work. There isn't any work in the 50' buffer zone. They will be using a roof drywall systems made of shallow plastic chambers and shallow depressions to handle the surface runoff. This reduces the rate and volume of runoff. Paul Shea had no issues with the proposed project. They are improving runoff. They have DEP number. There is no variance required. Motion by Patrick Kennedy to close the public hearing and issue an order of conditions for the project at 97 Forest Avenue Lot#3,seconded by Edward Graham and the vote was unanimous. Motion by Patrick Kennedy to issue a SWP for the project at 97 Forest Avenue Lot#3,seconded by Edward Graham and the vote was unanimous. 8:00 p.m.—87 Pleasant Street—SWP#14-45 Chairman Creighton read aloud the public hearing notice. Jeff Hassett-Engineer for Morse Engineering was present on behalf of the applicant,Andrew Spath. The proposed project is for a new single family home with retaining walls and drainage system. There are no Wetlands within the 100' buffer zone. They are proposing to relocate the driveway to the new home. They will use an underground roof recharge system. They are proposing a very large recharge system which will have a total of 42 chambers. They will dig a trench along the property lines at the rear of the property and the side. The trench will be 2%feet layered with filtered fabric and backfilled with stone. They will also have check dams every 20'to hold back the volume. This will reduce the rates and volume of runoff. They are providing ground water recharge. Paul Shea stated this project is a little different because of the sloped topography that is involved. He asked if they have done soil explorations where the trenches are going in. Mr. Hassett stated they have not done soil testing on the property. Paul Shea stated his concern was the way the property sloped towards the east. There is concern for the house to the right and the low point at the northeast corner. Mr. Hassett stated he recognizes this is a unique site however,that is why they are using such a large underground system. He also cannot recall ever having to put in large trenches such as the ones they are proposing. The trench will keep any increase in water from going on the other property. All their calculations show a decrease in volume. John Cavanaro from Cavanaro Consulting spoke on behalf of Mr. & Mrs.Corry that live at 81 Pleasant Street. Their property is located on the east. Attorney Mike Hayes was present as well. They have a couple of questions regarding zoning as well as the design itself. There is some new parking with the project. This project essentially is 2 ConCom-11/20/14-TC Cohasset Conversation Meeting November 20, 2014 going from a double lot to a single lot with a fairly large home on it. Since there is a new lot line he believes the applicant should prove that by observing the new lot line they are not creating any new non-conformity that didn't exist before. The proposed design is assuming a B soil. Mr. Cavanaro stated that testing should be done to properly determine this and the potential impact to the down gradient abutters. Mr. Cavanaro also asked about the check dams and how they are going to work. James Marten asked if the Corry's have any water problems currently. Martin Corry-81 Pleasant Street responded that they have a field stone foundation and run a dehumidifier all year long. They do get water in their basement with bad storms. Martha Giesteby 81 Old Pasture Road stated that whole area is very saturated with water. Chairman Creighton disclosed he lives at the bottom of the hill and is aware of the water there. He doesn't know any abutters and it wouldn't impact any decision he would make. Mr. Hassett responded to Mr. Cavanaro's questions. He stated the zoning issue would be discussed as part of the building permit. Chairman Creighton advised Mr. Hassett if they are required to go to zoning then they may have to start allover again as all permits must be filed for. Mr. Hassett stated he doesn't believe they need zoning relief. Applicant Andrew Spath 41 Cavanaugh Rd.stated they are on a tight time line and sellers of the property are looking to pass papers on 12/15. The commissioners agreed to do a site visit. The hearingwas continued until December41h 8:15 p.m.—Yacht Club/Howard Gleason Road—NOI#14-37 Chairman Creighton read aloud the public hearing notice. Carlos Pena of CLE Engineering was present on behalf of the applicant. This is a continuation of work from last summer. They are proposing to rehab the existing building by keeping it intact and raising it 2%feet and placing it on steel pipe piles. They would like to replace the existing ramp that is there and it will require a new float. It will be ADA compliant. Patrice Vogelman recused herself from the hearing as she is a member of the club. Paul Shea stated the project requires a Chapter 91 license. Mr. Pena stated they are waiting to hear from the Army Corps of Engineers. Paul Shea stated they have a DEP number. Motion by Patrick Kennedy to close the public hearing and issue an order of conditions for the project proposed at Yacht Club/Howard Gleason Road,seconded by Edward Graham and the vote was unanimous. 8:30 p.m.—36 Parker Avenue—NOI#14-38 Chairman Creighton read aloud the public hearing notice. John Cavanaro of Cavanaro Consulting was present along with the applicant Cathy Forest. This is a small pre-existing non-conforming lot. They are proposing an addition. They do need a special permit which they have applied for. There are two resource areas here. There is a salt marsh and a flood plain. They are removing a detached garage and putting an addition on the existing house. They are reducing the total impervious by using pervious pavers for the driveway. Mr. Cavanaro read into the record a letter from the Kerr's who are direct abutters and in support of the project. Paul Shea doesn't have any problems with the project. There is a DEP file number for it. There is some work in the 50' buffer zone. Michael Dick of 27 Parker Avenue spoke about an existing patio and asked if it was possible to move it. He also questioned the height of the house is going up 6 feet. Lisa Hewitt Dick of 27 Parker Avenue stated they are glad the neighbors are renovating. Their concern is that it is a congested and precious place. Motion by James Gilman to close the hearing and issue a variance for work for the project at 36 Parker Avenue,seconded by Edward Graham and the vote was 5-0-1. Patrick Kennedy abstained from the vote. 3 ConCom-11/20/14-TC Cohasset Conversation Meeting November 20, 2014 Motion by James Gilman to issue an order of conditions for the project at 36 Parker Avenue,seconded by Edward Graham and the vote was 5-0-1. Patrick Kennedy abstained from the vote. 8.45 p.m.—422 King Street—ATF NOI#14-36 and ATF SWP#14-43 Chairman Creighton read aloud the public hearing notice. Terry McGovern of Morse Engineering was present on behalf of the applicant. Mr. McGovern explained the applicant hired Brad Holmes,Wetlands Engineer,to flag the wetland resource areas. There is 200' river front area, BVW, 50' buffer zone and 100' buffer zone. No erosion has taken place. He proposed putting up a post and rail fence along the back of the house and a rain garden behind it. He has tried to educate Ms. Silah as well. They are also looking to work with Mr. Gable on what needs to be restored there. Paul Shea stated the DEP has not issued a number yet. Mr. McGovern asked if they are on the right track. He didn't expect to close the hearing tonight. They do not plan on doing anything until the spring. They have submitted a planting plan. Chairman Creighton reminded them that work was done to someone else's property that needs to be restored. Chairman Creighton stated what was once woodlands and scrubs should go back to the way it was. He also suggested the commission do another site visit. Hearing continued until December 18th. Motion by Patrick Kennedy to adjourn,seconded by Edward Graham and the vote was unanimous. Minutes approved by the Conservation Commission: Z! F �~ Signed by CCC Cha rman Jaek-Chx ghten: 4 ConCom-11/20/14-TC