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HomeMy WebLinkAboutMinutes - CC - 12/03/2015 APPROVED MINUTES COHASSET CONSERVATION COMMISSION DATE: 'Thursday, December 3, 2015 TIME: 7:00 PM PLACE: Cohasset Town Hall, Basement Meeting Room 41 Highland Avenue, Cohasset, MA 02026 IN ATTENDANCE: Patrick Kennedy(PK) Chair Patrice Vogelman (PV), Vice Chair James Marten (JM), Member Alexander Koines (AK),Member Justin Pimpare (JP), Secretary/Treasurer Edward Graham (EG), Member Andrea Buffum (AB),Associate Member Paul Shea (PS), Conservation Agent ABSENT: Jack Creighton (JC) Meeting called to order at 7:00 pm. 7:05 PM: 70 Whitehead Road—Discussion—con't from November 19th In attendance to represent agenda item: Paul Mirabito (PM), Ross Engineering;Attorney Jinn Lampke; Documents Presented at meeting: Letter of Withdrawal On November 19, 2015 Paul Mirabito was asked to come back with a definitive strategy for dealing with the violations at the property. The property owner hired Bill Baird of Webb Engineering to conduct their own soil analysis which would entail 20 samples. PK questioned the need for 20 compared to 8 done by the town's contractor but PM said Webb would do more per hole and go deeper. PV feels the testing done by Green Environmental was adequate.Attorney Lampke concurred. PS said when Mr. Yerardi filled the property he covered a coastal bank and the current plans do not indicate any buffer zone or coastal bank. The commission has no intention of approving an ATF and further testing would be time-consuming and moot.Attorney Lampke suggested to start with a new filing. At that point, PM presented a letter asking to withdraw without prejudice the existing applications for a Notice of Intent and Stormwater Permit. MOTION: By Vice Chair Vogelman to accept the formal request to withdraw without prejudice the existing filings for a Notice of Intent and Stormwater Permit for 70 Whitehead Road. SECOND: Member Justin Pimpare VOTE: 6-0 MOTION CARRIES 7:40 PM: 34 Flintlock Ridge Rd RDA 15-17:Se tic Upgrade Documents Presented at meeting: Site Plan prepared by Terry McSweeney The owner of the property needs to make upgrades to her septic system to meet Title 5 requirements. The leaching field will be moved away from a Bordering Vegetated Wetland. MOTION: By Member Marten to issue a Negative 3 Request for Determination of Applicability#15- 17 for a septic upgrade to property located at 34 Flintlock Ridge Rd. SECOND: Member Graham VOTE: 6-0 MOTION CARRIES 7.45 PM: 132-136 Forest Avenue: SWP 15-43 — Pompeo In attendance to represent agenda item: Roger,Ann, Laura Pompeo; Jim Pavlik/Outback Engineering; Documents presented at meeting: Site Plan 132-136 Forest Avenue The owner wants to build 3 new homes on his property, each with a septic system and well. The Health Director requires these systems to be on lots and not in the easement area as originally proposed. Jim Pavlik says work will be outside the 100' Buffer zone and runoff will be directed through two natural infiltration areas. Paul Shea stated that as proposed there is no issue with the project as proposed. MOTION: By Member Marten to close the public hearing and issue a Stormwater Permit for property located at 132-134-136 Forest Avenue. SECOND: Member Graham VOTE: 6-0 MOTION CARRIES 8:10 PM: 14 Parker Avenue; RDA#15-18 -Tree Removal The owner wants to remove two trees from their property that are damaged and could pose a danger.. MOTION: By Member Koines to issue a Negative 3 Request for Determination of Applicability f#15- 18 for property located at 14 Parker Avenue. SECOND: Member Graham VOTE: 6-0 MOTION CARRIES 8:10 PM: 35 Jerusalem Road Drive -Amended Order of Conditions—Wall -continued In attendance to represent agenda item: Jeff Hassett/Morse Engineering A site visit was done on the property. JH said the proposed wall will be 1' back from an existing right-of- way, any further and it would impact an Isolated Vegetated Wetland. There will be 135 s1ft of fill and replication to the area. Invasive species were removed and maintenance done around the area of construction. PV expressed concern with work in proximity to the IVW but PS said the replication ratio is 2-1 and that this project will enhance and improve the aesthetics and functionality of the area. MOTION: By Member Marten to close the public hearing and issue an Amended Order of Conditions for property located at 35 Jerusalem Road Drive. SECOND: Member Graham VOTE: 5-1 MOTION CARRIES (Vogelman voted against) 8:30 PM: 430 Atlantic Avenue- Discussion In attendance to represent agenda item: John Steinmetz;Attorney Adam Brodsky Work has been done on the property and plans do not reflect these changes. PS feels there are too many unresolved issues on this property without proper filings and plans. The Commission has repeatedly asked for the proper paperwork a current plan be provided but none has been received. PV suggested to give the owners until December 31 to produce plans or they will be considered in violation and may be subject to fines. PK stated the owner is already in violation and faces Enforcement action. JP asked that PS issue a letter to the homeowner requiring a full schematic site plan signed, stamped and dated no later than December 31, 2015. Agenda item is continued to January 7. 2016 TOPIC NOT REASONABLE ANTICIPATED WITHIN 48 HOURS OF MEETING Resident Carla Getto of Beach Street had a complaint of commercial vehicles being stored and materials being stockpiled on Lot 1 Beach Street by owner Donald Staszko and Beach Street Builder.An ATF NOI and SWP were supposed to be filed as part of the Partial Certificate of Compliance but none have been received per PS. PK directed PS to issue a Cease and Desist letter to the owners requiring them to appear at the next meeting. PS also pointed out that any commercial operation within a residential zone would be an issue for ZBA, With no applications received by the deadline for the December 17 meeting, it was the will of the Board to cancel the meeting and instead schedule an Administrative Meeting on December 15 for approval of past minutes only. With no further business, motion to adjourn was made and seconded. Meeting adjourned at 9:30 p.m. Minutes approved by the Conservation Commission: ,2,1 , a 16, _ Signed by CCC Chairman Patrick Kennedy: