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HomeMy WebLinkAboutMinutes - CC - 04/02/2015 Conservation Commission Meeting April 2, 2015 Date: Thursday,April 2, 2015 Time: 7:00 p.m. Place: Town Hall Basement Meeting Room 41 Highland Ave. Cohasset, MA Commissioners Present: Jack Creighton,Chairman Patrick Kennedy-via remote James Marten James Gilman Alex Koines Justin Pimpare-Associate Commissioners Absent: Edward Graham Patrice Vogelman Commissions Consultant Present: CCC/SW Agent, Paul Shea Chairman Creighton called the meeting to order at 7:00 p.m. Buffer Zone Discussion The Commission had a lengthy discussion regarding the buffer zone with comments from Attorney Richard Hucksam. The Commission discussed what is stated in the bylaws; no new development in the 50' buffer zone. The CCC has the ability to grant a variance but doesn't have to. Each variance is different and the CCC has the right to deny a variance with impacts to the 50' buffer zone and has the ability to protect the wetland resource areas. The burden of proof for a variance is on the applicant. Discuss Field Conditions Snow Cover-80 Lantern Lane The Commission agreed to meet at the site on April 16th at 6 p.m. before the hearing. 385 Atlantic Avenue-NOI and SWP-continued Alex Koines recused himself from the hearing as he is an abutter. Patrick Kennedy and James Marten missed the meeting of 3/5/15 but have both listened to the audio hearing and will file an affidavit. Carmen Hudson from Cavanaro Consulting was present on behalf of the applicant. The Commission continued the hearing for a site visit. Ms.Hudson submitted revised plans to show 3 trisects for coastal bank delineation (which she considered is very conservative). There were no changes to the design; they just added downspouts to send water to the east instead of towards the west. There is no work in the 50' buffer zone. There are no trees being removed (the area is lawn). They are proposing 200 square feet of new native plantings. Paul Shea stated they are not looking for a variance. James Driscoll-391 Jerusalem Road was present and in agreement of the coastal bank delineation. He stated there is also ledge in the lawn area that he believes would have to be drilled before plantings can be put in. Architect Jessica Williams spoke on behalf of the applicant and stated they will be pinning to the ledge. Motion by Patrick Kennedy to close the public hearing and issue order of conditions for the proposed construction project at 385 Atlantic Avenue,seconded by Chairman Creighton and the vote was 4-0-1. (Alex Koines abstained) Motion by Patrick Kennedy to issue a SWP for the proposed construction project at 385 Jerusalem Road,seconded by James Gilman and the vote was 4-0. (Alex Koines abstained) 1 ConCom-4/2/15-TC Conservation Commission Meeting April 2, 2015 31 Nichols Road-NOI-continued Patrick Kennedy stated for the record he was not present at the 3/5/15 hearing but did listen to the audio tape and will file an affidavit. John Cavanaro of Cavanaro consulting was present with the owners of the property. The Commission had a site visit and the applicant has submitted revised plans. Mr. Cavanaro spoke of the changes in the flood maps which have affected this area. The plan is to remove the dog kennel and paved area. They are proposing a new structure that is not getting any closer to the coastal bank than already exists presently. There is no adverse impact on the ledge resource area and no adverse impact to the 50' buffer zone. The project improves fire safety with the proposed garage. The cars will be not be parked on the street. There is no negative issues with abutters.The board had a lengthy discussion. Motion byJames Gilman to close the public hearing and issue a variance for the property at 31 Nichols Road,seconded by Alex Koines and the vote was unanimous(5-0). Motion by Patrick Kennedy to issue an order of conditions for the proposed project at 31 Nichols Road,seconded by Alex Koines and the vote was unanimous(5-0). 70 Whitehead Road-Show Cause Hearing Paul Shea gave the Commission an overview of the issues with this property. The Commission sent a certified letter to Mr.Thomas Sullivan (property owner)to appear at tonight's hearing. He did sign that he received the letter but is not present tonight. The DEP has recommended the Commission issue an enforcement order. Mr.Yerardi,the contractor,was present. Motion by Alex Koines to issue an enforcement and restoration order for 70 Whitehead Road, seconded by James Marten and the vote was unanimous(5-0). Motion by James Gilman to fine the property owner Thomas Sullivan$300 a day starting on 10/8/14, seconded by Patrick Kennedy and the vote was unanimous(5-0). 19 Hobart Lane-NOI#15-08&SWP#15-08 Chairman Creighton read aloud the public hearing notice. Carmen Hudson from Cavanaro Consulting was present on behalf of the applicant. The proposed plan is for a remodel and addition. The plan requires a special permit from ZBA which they have filed. The amount of building and area of impervious materials within the 50'to 100' buffer zone will be reduced. Paul Shea stated DEP issued a file number with no comments. Motion by Alex Koines to close the public hearing and issue an order of conditions for the project at 19 Hobart Lane,seconded by Patrick Kennedy and the vote was unanimous(5-0). Motion by Alex Koines to issue a SWP for the project at 19 Hobart Lane,seconded by Patrick Kennedy and the vote was unanimous(5-0). 25 Sheldon Road-NOI#15 Chairman Creighton read aloud the public hearing notice. Carmen Hudson from Cavanaro Consulting was present on behalf of the applicant. The proposed project is to remove the existing pool and patio and replace with a new pool and patio. There will be a reduction of 200 square feet of impervious materials. They are removing rip rap and replacing with 1200 square feet of native buffer plantings. Paul Shea stated he has no issues with the project. 2 ConCom-4/2/15-TC Conservation Commission Meeting April 2, 2015 Motion by James Marten to close the public hearing and issue a variance for the project at 25 Sheldon Road,seconded by James Gilman and the vote was unanimous (5-0). Motion by James Marten to issue an order of conditions for the project at 25 Sheldon Road,seconded by Alex Koines and the vote was unanimous(5-0). 43 Black Horse Road-NOI#15-06 Chairman Creighton read aloud the public hearing notice. John Cavanaro from Cavanaro Consulting was present on behalf of the applicant. The proposed project is try and solve the problem of pockets of water sitting for long periods of time. They would like to create a French type drainage system to a low catch point. Motion by Alex Koines to close the public hearing and issue a variance for work in the 50' buffer zone at 43 Black Horse Road,seconded by Patrick Kennedy and the vote was unanimous(5-0). Motion by Alex Koines to issue an order of conditions for the project at 43 Black Horse Road with elimination of all fertilizer and chemical use within the 100' buffer zone,seconded by Patrick Kennedy and the vote was unanimous(5-0). Lot 3 Beach Street-Amended OOC N0I#12-17 and SWP#12-14 Chairman Creighton read aloud the public hearing notice. Jeff Hassett from Morse Engineering was present on behalf of the applicant. The majority of the site work is complete and the house if fully constructed and under agreement to be purchased. They are looking for a final certificate of compliance as they have completed all the required work requested by the Commission. The Commission discussed issues regarding what was originally filed with and approved by the Commission. Motion by James Marten to close the public hearing and issue an amended order of conditions for the revised plan for Lot 3 Beach Street,seconded by Alex Koines and the vote was unanimous(5-0). Documents Required CCC Signatures Motion by James Gilman to accept the minutes of 2/19/15 and 3/19/15,seconded by Alex Koines and the vote was unanimous(5-0). Topics not reasonably anticipated within 48 hours of CCC meeting None Motion by Alex Koines to adjourn,seconded by James Gilman and the vote was unanimous(5 Minutes approved by the Conservation Commission: o4o S— Signed by CCC Chairman JaGk-Creighton: �� r 3 ConCom-4/2/15-TC