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HomeMy WebLinkAboutMinutes - CC - 02/19/2015 Conservation Commission Minutes February 19, 2015 Date: Thursday, February 19, 2015 Time: 7:00 p.m. Place: Town Hall Basement Meeting Room 41 Highland Avenue Cohasset, MA Commissioners Present: Jack Creighton, Chairman Patrick Kennedy Edward Graham Alex Koines Patrice Vogelman Justin Pimpare, Associate Commissioners Absent: Jamie Gilman James Marten Commissions Consultant Present: CCC/SW Agent, Paul Shea Chairman Creighton called the meeting to order at 7:11 p.m. 417 Jerusalem Road—continued Attorney Adam Brodsky stated all of the consultants met with Paul Shea on January 6'h regarding the delineation. They agreed to use the abutters' methodology. They have submitted revised plans. They were surprise to learn the abutters still had an issue. They are looking to come to some agreement to move this project forward. With respect to stormwater,they agreed to redesign.They have eliminated the rain gardens and agreed to use underground sub drain and vegetative swales as recommend by abutters. They have re-done all the stormwater calculations and re-submitted them. They have moved the project back from the coastal bank so that it is no closer than the existing deck. They have reduced the patio and pool size. The size of the house is reduced from 4313 s.f.to 4163 s.f. The rear deck has been reduced from 1100 s.f.to 468 s.f. They have an improved the buffer zone enhancement plan. They have submitted a wildlife habitat analysis. There is no work being done on the coastal bank. Nothing they are proposing will have any effect on the stability of the coastal bank. They are proposing a substantial mitigation plan. They are replacing 2000 s.f. of lawn with native vegetation. Mary Ann Wetherald-419 Jerusalem Road stated some other neighbors would have like to been present but because of school vacation week they are away. She stated they are fracturing the rock to build this home which is a concern. Tom Wetherald -419 Jerusalem Road spoke of storms this winter and the amount of erosion. Attorney Brodsky stated they will not be fracturing the rock. Bob Reckner-401 Jerusalem Road stated his house is 100'from the property line, not 20' as the proposed house would be. Michelle Laney-404 Jerusalem Road stated her concerns with the removal of ledge. Carmen Hudson from Cavanaro Consulting questioned the distance of the current dwelling to the coastal bank delineation and the distance of the new proposed dwelling. Ms. Hudson stated there are actually 2 places with the proposed structure that is closer to the coastal bank. Attorney Henderson stated the coastal bank is different in each plan submitted. Attorney Brodsky stated they changed the plans as requested by the abutters. Mr. Kennedy stated there is an issue with the aesthetic Section 1(B)(3)of the bylaw. The proposed house will have a substantially detrimental effect of Section 1(B)(3) of the bylaw. The applicant has the obligation to meet this standard. Attorney Brodsky stated the commission 1 ConCom-2/19/15-TC R J Conservation Commission Minutes February 19, 2015 Capproved a project at 465 Jerusalem with new construction in the 0-50' buffer zone of the coastal bank. Ms. Hudson stated the size of the patio isn't accurate. It looks as though it is double the size. Mr. Dunn stated the information they supplied the commission has the correct calculations and they stand by them. Justin Pimpare stated the net increase in the 50' buffer zone is substantial. He also stated the structure is closer to the coastal bank. Patrice Vogelman agreed with Mr. Pimpare the increase is still too substantial. She has an issue with the footprint of the house as well. Mr. Graham agreed with Mr. Pimpare and Ms.Vogelman. Mr. Shea reminded the commissioners that they have not reviewed all of the proposed changes that were submitted. Alex Koines reiterated the size of the house and the fact that they are infringing on the 50' buffer zone is concerning. He stated more work can be done to reduce the size of the living space. Patrick Kennedy stated he has not reviewed all of the updated documents that have been submitted. He has concern that the applicant has not met the burden of protecting the aesthetics of the resource area from Jerusalem Road. The scope of the project,the width and height and total square footage of impact is too large for the site. The commission agreed not all burdens have been met. The hearing was continued until March 5, 2015 as requested by the applicant. All information should be submitted 7 days before the hearing. 11 Jerusalem Road Drive-SWP 15-14 Chairman Creighton read aloud the public hearing notice. Carmen Hudson from Cavanaro Consulting was present on behalf of the owners. The proposed project is not in the 100' buffer zone of any wetland. They are disturbing more than 5000 s.f. They are adding a pool, patio and cabana area. They are proposing to remove part of the existing driveway totaling 1600 s.f. There is a trench at the back of the cabana area to provide recharge. They have met all the storm water standards. Run off and volume is reduced. Paul Shea stated he has no issues with the project. Motion by Patrick Kennedy to close the public hearing and approve a SWP for the project at 11 Jerusalem Road Drive,seconded by Edward Graham and the vote was unanimous. Discussion-70 Whitehead Road Paul Shea stated this is Mr.Sullivan's property. Back in June there were significant alterations that will require an ATF SWP,ATF NOI and ATF Variance. The alterations are in Treats Pond. This is the biggest wetland violation that Paul Shea has seen since he started in this town. Joe Yerardi was the contractor. The Commission scheduled him for a show cause hearing twice and both times Mr.Sullivan canceled at the last minute. Mr. Shea advised Mr. Sullivan he would like the contractor to come in. Mr.Yerardi came before the Commission and was ordered to get an engineer and file for an ATF N01 and ATF SWP by yesterday. Since then Mr.Shea keeps getting excuses. Mr.Yerardi finally hired Flaherty and Stefanie out of Plymouth. The filing was supposed to be done back in October. Mr. Shea stated due to all the snow the Commission will not be able to see anything until it melts. Mr. Shea suggested the Commission fine this contractor$2500 then eventually when the contractor comes before the Commission they will have to decide on a much bigger fine for what has been done at that location. Patrick Kennedy will review the memo from town counsel regarding fines. The Commission will order another show cause and warn them this is the last chance. Paul Shea will speak with building inspector about the building permit. Topics not anticipated before 48 hours of CCC meeting Paul Shea received a few calls about a snow farm at Peter Roy's property.William Carter-11 Stockbridge Street and Paul Sullivan, 6 Stockbridge Street were present. Mr. Roy has been clearing snow from 2 ConCom-2/19/15-TC Y Conservation Commission Minutes February 19, 2015 Atlantica and The Cohasset Harbor Inn.They are piling up and the blocking the drain at Margin Street and Stockbridge Street. He asked if they are able to take snow from commercial property and put in a residential lot. They will clog up the catch basin and flood their basement. Mr..Shea will contact Carlos Pena, Mr. Roy's engineer and let him know the drainage being blocked. Motion by Patrick Kennedy to adjourn,seconded by Alex Koines and the vote was unanimous. Minutes approved by the Conservation Commission: Signed by CCC Chairman Jack Creighton;--'' 3 ConCom-2/19/15-TC