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Home My WebLink AboutMinutes - CC - 03/24/2016 Con Com Minutes March 24, 2016 APPROVED MINUTES COHASSET CONSERVATION COMMISSION DATE: Thursday, March 24,2016 TIME: 7:00 PM PLACE: Cohasset Town Hall,Basement Meeting Room IN ATTENDANCE: Patrice Vogelman (PV),Vfce,Chair Alexander Koines(AK)-,.Member Justin Pimpare (JP);Sgcretary/Treasurer James Marten,IVlember Jeff Summers(JS),'Conservation Agent Paul Shea.�PS),Conservation Agent ABSENT: Patrick'Kennedy,Chaff, Members Jae.k.Creighton,and Edward Graham Meeting called to order at 7:00 PM 7:00 PM:80 Lantern Lane—RDA 16-66D#nlels_Opened and Postponed to 8:30 PM Hearing reopened at 8:45 PIVI In attendance to represent agenda Item:Attorney Adam Brodsky IAB1:Wetlands Scientist Chris Lucas JCL14:Applicant Scott Daniels, Bill OhrenberMer(BOL Wetlands Scientist Arthur Allen"AAA A previous NOI application from 2014 had been denied.There is one technical issue being revisited tonight.AB feeJi;there is no wetlapds jurisdiction because the entire property is located with a buffer zone to an Isolated Vegetated Wetland that also contains vernal pool species.The original filing was submitted under the local bylaw because AB did not believe the wetlands at rear of property constitute a Bordering Vegetated Wetland which would be subject to jurisdiction.At the time PS disagreed with this.Thee are 1VW's on both this and the abutter's property with a man-made channel running between,lthe to IVW's and it was argued previously that the channel constitutes a stream.AB maintains it is-one Iarge.'IVW shaped like a dumbbell and that the man-made channel does not constitute a stream.AB is asking the commission to determine that the wetlands are an IVW and for a Negative 1 determination. PS visited the site recently and did not see wetlands flags on the property but AB said the area of concern is very specific. PS is not convinced that the area is an IVW.The gradient lowers and lets the channel water flow down into a pooling area.The original developers put in a ditch to allow water to flow out of a pooling area and into other resource areas.A BVW with intermittent streams and/or piped water would make it a state wetland as opposed to isolated pockets of town wetland. Con Com Minutes March 24, 2016 CL(for the applicant)said there are 3 conditions for an IVW: defined channel, hydraulic gradient; flow from another regulated state wetland. CL agrees there is a defined channel and a gradient change but the channel does not flow out of a regulated state wetland so it does not meet the BVW requirements. BO (attorney for the opposition)feels it is a BVW.AA(for the opposition)feels the vegetated wetlands are connected by a jurisdictional intermittent stream that flows into a culvert; therefore it is a BVW. It was also determined the channel was created prior to more stringent regulations. PV wants to continue the hearing to allow for further investigation and review by the commission.JP feels there is not an accurate delineation available but CL said they would presentart.updated plan at a subsequent hearing. BO feels that if you take this out of the state jurisdiction thenit makes.it.more difficult for his client to appeal. PS said when the original NOl was filed it shouldbeen filed..under the state WPA and local bylaw. PV wants to allow the commission time to magoeSan informed decision and would also to have more commissioners present. 4r BO said the hearing could be closed tonight with the 21-day rule.PS said if! hearing is closed there can't be any new technical evidence presented. It was the will of the commission to leave the hearing opened to allow for a site visit and continued to April 7.The applicant felt the information presented was sufficient and does not want a continuance. CL insists that there is no connection between the 1VW's so it doesn't meet the criteria for a BVW. PV again said'she feels uncomfortable rendering a decision without further review and discussion. said if-the applicant doesn't agree to a continuance then a decision has to be rendered.JP said to close the hearing;invoke th'e 21-day rule and have commissioners view the site within the 21 days} PV closed the hearing based on the applicant's request. The item will be on the April 7`h agenda and a decision will be given at that times 7_45,PM_Keolis MBTA Right-ot2l M RDA 6-07-An ual Maintenance In attendance to regres tigencfi `em: ple Fair/Fair Dermody Consultinjg The RDA calls for routine,m-aintena cc=e to be done on the Commuter Rail R-O-W.There will be vegetation trimmi .-and herbicide-applications to control growth and allow for clear vision and passage of the Commutelr Rail. Herbicides.used will be environmentally friendly and applied in dry weather with little or no winds.Applications are,01anned fortune 18 through mid-July. MOTION: By member Alex Koines to close the public hearing and issue a Negative 2 and Negative 3 Determination of Applicability for proposed work on the Cohasset Cornmuter�Rail Right-of-Way maintenance. SECONDEDx MemberPimpare. VOTE: 4-0 Motion carries 8:00 PM: 12 kHills ide Drive--NOI 16-06 Ziadv-Pool Installation In attendance to represent agenda item:Consultant Brad Holmes:A2plicants Mark and Danielle Ziad All components of the proposed pool are outside the 50' buffer zone.There will be a temporary disturbance within the BZ during construction that will be restored.There will be concrete and pervious pavers around the pool perimeter.JS would suggest extending the work line on the north side to the property line because of grade changes and sloping.Silt sock and silt fencing should be installed. PS discussed possible mitigation and suggested a line of shrub plantings.Applicants need to file ad Con Corn Minutes March 24, 2016 administrative Storm Water Permit at some point to cover the changes in impervious surface. Changes requested at meeting will be covered under the Order of Conditions. MOTION: By Member Alex Koines to close the public hearing and issue a variance for activity within the buffer zone and Order of Conditions for proposed work at 12 Hillside drive with the following requirements:a PE stamp on the plans;filing of an administrative SWP;mitigation of native plantings. SECONDED: Member Pimpare. VOTE: 4-0 Motion carries 8:25 PM:61 Nichols Road—NOI 16-08—Robin and Robert Walat—Addition In attendance to represent aeenda item:Applicants Robin and Robert_WM Iat:Terry-McGovern/Morse Engineering This is for a proposed addition, razing of existing garage and reconfiguration€ftntry.There is an existing OOC on this property for a previous addition to the home-ohich is currently.being completed. The applicants are relocating the garage towards the rear of the horrie adding-afilter trench to redirect runoff. Impervious surface is not being increased.The lawn will be re [ored where the garage existed. PS advised to close out both OOC's at the same time. MOTION: By Member Alex Koines to close-the public hearing and Tssue a variance for work within the buffer zone and Order of Conditionsfor proposed work at 61 Nichols Road. SECONDED: Member Pimpare. VOTE: 4-0 Motion carries TRANSITION AND FEE ADJUSTMENTS: PV is in favor of having a procedures-manual fa, new commissioners and employees outlining various responsibilities and requirernents_AP went over the proposed fee changes. NOI fees are mandated by the state and cannot be-,adjusted With the hiring of Jeff Summers who is a salaried employee,going forward there.wIll be no need WConservation Agent Fees. PV would like May 1,2016 as the target date for new fees. PS Was asked if he would still be available in a training capacity during the transition and he said his own consulting business has a lot of new applications and he may not be able to commit to specific days acid times. PV would like him to be available for questions and issues concerning previous filings that he has worked on. Meeting adjourned at 9:30 pm. Minutes approved by the Conservation Commission: Signed by Conservation Commission Chairman: