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HomeMy WebLinkAboutMinutes - CC - 05/21/2015 Conservation Commission Meeting May 21, 2015 APPROVED MINUTES CONSERVATION COMMISSION Date: Thursday, May 21, 2015 Time: 7:00pm Place: Town Hall Basement Meeting Room 41 Highland Avenue Cohasset, MA Commissioners Present: Jack Creighton, Chairman (JC) Patrick Kennedy, Vice Chairman (PK) James Marten, Secretary/Treasurer(JM) Alex Koines (AK) Patrice Vogelman (PV) Edward Graham (EG) Justin Pimpare, Associate (JP) Commissioners Absent: James Gilman Commissions Consultant Present: CCCISW Agent, Paul Shea Chairman Creighton called the meeting to order at 7:00pm Deans Meadow—Eagle Scout Proiect/David Hillman—RDA#15-07 Eagle Scout David Hillman proposes to install 2 '/foot wide by 12 to 18 foot long boardwalks over still water pools and mud patches within the buffer zone in Deans Meadow. The project includes replacing rotting pieces of lumber to make them safer and more secure. Non-pressure treated yellow pine boards and ties will be used to minimize any negative externalities in the project area. Yellow pine is an ideal wood for the damp conditions and would resist the rot more effectively. Paul Shea (PS) explained that since the project is in the resource area that the applicant would need to file a Negative 2 and Negative 3 determinations. PS stated that this proposal would be an improvement to the existing footpath. Motion by Patrick Kennedy to close the public hearing and issue and Negative 2 and Negative 3 RDA for the project proposed at Deans Meadow, seconded by Edward Graham and vote was unanimous. Cohasset Yacht Club—Howard Gleason Road -Amended Order of Conditions In attendance to re resent agenda item: Carlos Pena (CLE) (Patrice Vogelman recused) Mr. Pena explained that there will be a temporary deployment of 5 floats tied into the new configuration to allow safe access to the floats until upgrades can be completed. Currently the back deck cannot be used due to recent deterioration. PS requested a letter stating that the Order of Conditions has been recorded, and then they would add the new plans and date. Motion by Patrick Kennedy to move to issue an Amended Order of Conditions for the temporary pier at the Cohasset Yacht Club, seconded by Edward Graham and vote was unanimous. 648 Jerusalem Road—SWP#15-13 Conservation Commission Meeting Minutes May 21,2015 This hearing was postponed to the next Conservation Meeting on June 4th due to inability to file on time. 124 Forest Avenue—Mullare—Addition to Existing Home-NOI#15-09 In attendance to represent agenda nda item: Carmen Hudson_(Cavanaro Consulting) Proposal is to construct an addition to a single family home within the buffer zone to a Bordering Vegetated Wetland which is located just outside of the locus area. PS stated that the proposed project would not require a variance as there would be no work in the 50 foot buffer zone with the exception of the removal of an existing shed). Motion by Patrick Kennedy to close the public hearing and issue an Order of Conditions for the proposed project at 124 Forest Avenue, Seconded by Edward Graham-and vote was unanimous. Motion by Patrick Kennedy to move for the issuance of a Stormwater"Permit for the.proposed project at 124 Forest Avenue, Seconded by Edward Graham and'vot �was unanimous. 51 Beach Street—Sullivan -SWP#15-14 In attendance to represent agenda item: Carmen Hudson (Cavariaro.Consulting) The proposed project would have landscaping along the boundary of the"property for more privacy. The existing patio will be removed and replaced with a smaller patio with landscaped features.a"nd elements in that area. There is a bordering vegetated wetland (BVW)that is mostly offsite, but it'does clip the property in the northern corner. However, the work wilI be�outside`'of the 100-foot,tiuffer zone Motion by Patrick Kennedy to close the public hearing and-issue a Stormwater Permit for the proposed project at 51 Beach Street,seconded by Edward Graham and vote was unanimous. 589 Jerusalem Road—Matt Shannon-Show Cause Hearing. In attendance to represent a_genda_iteed- Carmeh.Hudson (Cavanaro Consulting); Atty. Richard Henderson; Gary Claiborne (Presley Landscaping)•• The project at 589 Jerusalem Road has.an,approved Order of Conditions and Stormwater permit obtained by property owner Matt Shannon:The approved site,plans show that at the top of the costal bank there would be a silt sock to'indicate the limit of work while keeping a good buffer and boundary from Straits Pond. The property slopes down to Straits Pond which is the only Area of Critical and Environmental Concern (ACEC),in Cohasset. The Commission made very clear to the owner that there would be absolutely'no work conducted beyond the top of the coastal bank and beyond the silt sock. However Matt Shannon was'observed by various neighbors removing a number of live trees, shrubs, and brush on both the slope and coast lire of the property; no contractors were on site during Shannon's tree removal. Because of the"extensive alterations done beyond the limit of work line it pushes this issue into the enforcement.category,for the Commission. The removal of mature trees`and other shrubs beyond the limit of work line shows that Shannon did not comply with the Order`of Conditions. A cease and desist has been ordered on the property and the work has quieted down as stated by"PS who emphasized that there is absolutely no excuse for the actions of Mr. Shannon since all parties were present at the previous hearings where the limits of work were laid out. JC stated for the record that Shannon has been absent from a number of meetings that he was summonsed to after he removed the trees. Atty. Henderson stated that the reasoning behind the tree removal was that over the winter some trees became damaged;the types of trees removed are uncertain but believed to be Norway Maples. Since Mr. Shannon was absent from the meeting, the Commission decided to listen to the current proposal for the mitigation plan then determined to continue the discussion until Mr. Shannon could attend. Landscape architect Gary Claiborne, presented a planting plan that would bring native vegetation which naturally occurs in tidal habitats. This included trees, woody shrubs, and stabilizing plants, and vines to mitigate the loss of soil stability as a result of the tree removal. The slope down to the water is rocky with many points of ledge and rip-rap making it difficult for trees to take and grow successfully. When surveying the land Claiborne identified eight freshly cut stumps across the slope from the coast line up. Of these eight trees, some were sixteen inch diameter and estimated to have been 20 to 30 foot tall Norway Maples. The Norway maple's growing properties and wide root structure allow them to mature in these rocky areas. These wide root structures not only supported the 2 Conservation Commission Meeting Minutes May 21,2015 tree, but secured the ground and coastline from erosion. An exact sequence outlining the construction phase going into the planting phase was requested for the next meeting. The Commission wanted to make sure that the mitigation plantings wouldn't be disturbed in any way from the heavy machines being used in the construction process. A cease and desist is on the building and property until at least the Commission is able to speak with Mr.Shannon so some plans in the meantime were proposed. To reduce erosion a silt sock will need to be placed at the toe of the slope before any rains fall. Covering the entire slope with a netting to help stabilize the land was proposed. Claiborne suggested hydroseeding with a salt-tolerant grass species to help the stabilization process as well. The new trees will be put in locations that best replicate the prior landscape prior but due to the rocky landscape the layout will not be a perfect match. The new trees and shrubs will have to be monitored over a two year period which is the time it-takes-to..see signs of successful plantings. Because of the amount of ledge on the property theywere suggesting to put in smaller trees so as not to run into the ledge when digging down. PS explained that DEP will want to have comments on the project,:and they,would need%to be copied on plans moving forward. JC asked PS to send a direct message to'Matt Shannon informing him of the next Conservation Meeting. The Commission stressed that they would like to get this resolved and get plans moving forward as soon as possible. Discussion continued to Thursday,June 4, 2015 at 7:15 with appioval of applicant's representatives. 28 Bow Street—Donald Stazsko-Show Cause Hearing In attendance to represent agenda item: Donal-Stazsko(owner)- It was brought to the Conservation Commission's attention that tree removal was being done in the buffer zone at 28 Bow Street, Commissioner Graham went to the site and ordered a cease and desist on the project. EG spoke with All-in-One Landscapingwho stated that`they had permission from the property owner and all permits had been secured to remove trees in the,discussed area. When EG got to the site, All-in-One had cut one tree and was half way through cutting another so EG allowed them to finish for safety reasons but he stopped a third.from being removed-. Mr. Stazsko explained that over the winter a tree snapped and out of,safgty concerns for his.tenants he contacted All-in-One Landscape to remove the trees. Mr. Stazsko took fulLresponsibility in removing the trees and dead brush from the previous owners. JC explained to Mr. Stazko.that he should have called'the Commission or Paul Shea prior to starting the tree removal. Discussion continued to Thursday,June 18, 2015 with approval of the applicant. Changes to the Conservation Agent Position -Discussion The Commission discussed proposed changes to the Conservation Agent Position which would require the agent to be in Town-Hall for 19.5 hours a week. Motion by Patrick Kennedy to adjourn at 10:00pm,seconded by Edward Graham and vote was unanimous. Minutes approved by the Conservation Commission: MOTION JP; SECOND EG: UNANIMOUS 12/15/15 Signed by Conservation Commission Chairman: 3 Conservation Commission Meeting Minutes May 21,2015 tree, but secured the ground and coastline from erosion. An exact sequence outlining the construction phase going into the planting phase was requested for the next meeting. The Commission wanted to make sure that the mitigation plantings wouldn't be disturbed in any way from the heavy machines being used in the construction process. A cease and desist is on the building and property until at least the Commission is able to speak with Mr.Shannon so some plans in the meantime were proposed. To reduce erosion a silt sock will need to be placed at the toe of the slope before any rains fall. Covering the entire slope with a netting to help stabilize the land was proposed. Claiborne suggested hydroseeding with a salt-tolerant grass species to help the stabilization process as well. The new trees will be put in locations that best replicate the prior landscape prior but due to the rocky landscape the layout will not be a perfect match. The new trees and shrubs will have to be monitored over a two year period which is the time it takes to see signs of successful plantings. Because of the amount of ledge on the property they.were suggesting to put in smaller trees so as not to run into the ledge when digging down. PS explained that DEP will want to have comments on the project„,and they,would need to be copied on plans moving forward. JC asked PS to send a direct message to Matt Shannon informing°him of the next Conservation Meeting. The Commission stressed that they would.like to get this,r'esolved and get plans moving forward as soon as possible. Discussion continued to Thursday,June 4,2015 at 7:15 with approval of applicant's' representatives. 28 Bow Street—Donald Stazsko -Show Cause Hearing In attendance to represent agenda item: Donal.Stazsko'(ownerj It was brought to the Conservation Commission's attention that tree removal was being done in the buffer zone at 28 Bow Street, Commissioner Graham went to the site and ordered a cease and desist on the project. EG spoke with All-in-One Laridscapingwho stated that`they had permission from the property owner and all permits had been secured to"-remoye trees in the discussed area. When EG got to the site, All-in-One had cut one tree and wa.s half way'through cutting another so EG allowed them to finish for safety reasons but he stopped a third from being removed:-Mr:;Stazsko explained that over the winter a tree snapped and out of safety concerns for his-tenants he contacted All-in-One Landscape to remove the trees. Mr. Stazsko took full`responsibility in,removing.the.trees and dead brush from the previous owners. JC explained to Mr. Stazko.that he should have,called the Commission or Paul Shea prior to starting the tree removal. Discussion continued to,Thursday,June 18, 2015 with approval of the applicant. Changes to the Conservation Agent Position -Discussion The Commission discussed proposed changes to the Conservation Agent Position which would require the agent to be in Town Hall for 19.5 hours a week. Motion by Patrick Kennedy to adjourn at 10:OOpm, seconded by Edward Graham and vote was unanimous. Minutes approved by the Conservation Commission: MOTION JP: SECOND EG: UNANIMO S 12/15/15 e Signed by Conservation Commission Chairman: 3