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HomeMy WebLinkAboutMinutes - CC - 04/07/2016 Conservation Commission Minutes April 7,2016 APPROVED MINUTES CONSERVATION COMMISSION DATE: Thursday, April 7, 2016 TIME: 6:00 PM PLACE: Cohasset Town Hall, Basement Meeting Room IN ATTENDANCE: Patrick Kennedy—Chair Patrice Vogelman —Vice Chair Justin Pimpare, Secretary/Treasurer Jack Creighton, Member Alex Koines, Member Edward Graham, Member Jeff Summers, Conservation Agent ABSENT: James Marten, Member Andrea BuffFun, Alternate Meeting called to order at 6:00 pm. Patrick Kennedy announced that he will recuse himself for any further discussion regarding 1 James island Way due to a business conflict resulting from his recent employment at a new law firm. He designated Vice Chair Patrice Vogelman to chair any further hearings regarding 1 James Island Way. Commission voted unanimously to enter into Executive Session. Executive Session closed at 7:15 pm. MOTION: Made by member Jack Creighton to go into Executive Session SECOND: Member Edward Graham ROLL CALL VOTE: Pimpare, Koines, Creighton, Graham.Vogelman in favor 5-0 "Open Session reconvened at 7:26 pm. Patrick Kennedy rejoined the Commission as Chair. 7.25 PM --121 Nichols Road/Nichols Road LLC - NOI 16-05 & SWP 16-04 continued In attendance to represent agenda item: This project proposes to demolish and reconstruct a single family dwelling. The initial hearing was for a SWP but after a site visit by the Conservation Agent it was determined that the project also required a Notice of Intent for work being proposed in proximity to a Bordering Vegetated Wetland. Most of the work involved landscaping and hardscaping. MOTION: Made by member Justin Pimpare to close the public hearing for Notice of Intent 16- 05 and issue an Order of Conditions for proposed work at 121 Nichols Road. SECOND: Member Edward Graham VOTE: 6-0 Unanimous—Motion Carries MOTION: Made by member Justin Pimpare to issue a variance for landscaping within the 50' Buffer Zone for proposed work at 121 Nichols Road. SECOND: Member Edward Graham VOTE: 6-0 Unanimous—Motion Carries Conservation Commission Minutes April 7, 2016 MOTION: Made by member Justin Pimpare to close the public hearing and issue Stormwater Permit 16-04 for proposed work at 121 Nichols Road. SECOND: Member Edward Graham VOTE: 6-0 Unanimous—Motion Carries 7:40 PM —35 Hickory Circle/Hess— RDA 16-08 This is located in the Cohasset Estates/Toll Brothers development. There will be plantings and other landscaping done within the buffer zone. MOTION: Made by member Jack Creighton to close the public hearing for RDA 16-08 and issue a Negative 2 Determination for proposed work at 35 Hickory Circle. SECOND: Member Edward Graham VOTE: 6-0 Unanimous—Motion Carries 7:55 PM —81 &87 Atlantic AvenuelGreaney—_NOI 16-07 & SWP 16-06 In attendance to represent a enda item: John Cavanaro/Cavanaro Consultin • Michael Coutu (MC)llandscape architect: The Greaneys propose to demolish the existing dwellings on both lots and construct a new large dwelling centrally positioned on both lots. There will also be a detached carriage house. There are 5 acres but only 1 acre is suitable for development. The intent is to keep the footprint out of the 100 ft. buffer zone and to minimize environmental impacts. The carriage house will have two dry wells to satisfy the infiltration requirement. Native plantings downstream will capture runoff from a sloped area. A small portion of the pool area trough is in the 50' buffer zone. PK asked about possible impacts to Treats Pond regarding flooding possibilities. JC said there is no impact on Treats Pond because of the topology and location. JS feels the extra plantings and other erosion controls are sufficient. AK considers it new construction and questioned the variance but JP feels the project is not so much new construction as a definite improvement to an existing project. MOTION: Made by member Justin Pimpare to close the public hearing for Notice of Intent 16- 07 and issue an Order of Conditions for proposed work at 81 &87 Atlantic Avenue. SECOND: Member Edward Graham VOTE: 6-0 Unanimous—Motion Carries MOTION: Made by member Justin Pimpare to issue a variance for work within the 50' Buffer Zone for proposed work at 81 &87 Atlantic Avenue. SECOND: Member Edward Graham VOTE: 6-0 Unanimous—Motion Carries MOTION: Made by member Justin Pimpare to close the public hearing and issue Stormwater Permit 16-06 for proposed work at 81 &87 Atlantic Avenue. SECOND: Member Edward Graham VOTE: 6-0 Unanimous—Motion Carries 8:15 PM —514 Beechwood StreetlAndrew S ath —SWP 16-10 In attendance to represent agenda item: Jeff HassettlMorse Engineering; Ali Trager, Beth TarpeV, Heather Mensching Fredric Siegel, Michael Deyeso, Anne MacDonald, Joseph lantosca The proposal is to demolish and reconstruct a single family dwelling. The septic system was upgraded prior to the sale. There will be a 900+ slf increase in impervious roof and pavement areas. A roof drywell system with 9 retention chambers and a stone trench will collect runoff from the downspouts. JS feels the drywell system will compensate for the increase in impervious surface. Fred Siegel is concerned with the removal of trees creating or directing runoff towards the ballfield is a potential problem. PK explained that the septic upgrade did not come before the commission because it wasn't within our jurisdiction and also explained that the applicant is under no obligation to improve existing conditions, they just cannot make them worse. JP feels that a 4-BR septic system is an improvement over a 1-BR home with a cesspool. Conservation Commission Minutes April 7,2016 MOTION: Made by member Justin Pimpare to close the public hearing and issue a Stormwater Permit for proposed work at 514 Beechwood Street. SECOND: Member Edward Graham VOTE: 6-0 Unanimous-Motion Carries 8:30 PM -In ram ParklB an -RDA#16-09 In attendance to represent agenda item: George Bryaniapplicant As part of an Eagle Scout project, the applicant wants to install two boardwalks on separate trails in George Ingram Park to facilitate foot traffic over wet areas. The boardwalks will be 16' long and 2' wide. MOTION: Made by member Jack Creighton to close the public hearing for RDA 16-09 and issue a Negative 3 determination for the proposed project at George Ingram Park with the condition that no pressure treated lumber to be used in the project. SECOND: Member Edward Graham VOTE: 6-0 Unanimous-Motion Carries 8:40 PM -80 Lantern Lane--Deliberation and Resolution -Daniels (owner): Leary (abutter) This concerns an RDA application for a wetlands determination. The public hearing was closed on March 24, 2016 At that meeting the quorum included former member Jim Marten. PK, JC and EG were not in attendance at the original meeting but they listened to the recording of the hearing and are now eligible to participate and establish a new quorum. PK pointed out we have competing expert opinions on the record from the applicant and the abutters. The owner and his representative (Atty. Adam Brodsky-AB) felt there is no wetlands jurisdiction because the property is located within a buffer zone to an Isolated Vegetated Wetland. A BVW with intermittent streams and/or piped water would make it a state wetland as opposed to isolated pockets of town wetland. In rebuttal, Wetlands Scientist Chris Lucas agreed there is a defined channel but the channel does not flow out of a regulated state wetland so it is not f a BVW. The applicant did not want to continue the hearing but allowed site visits by commissioners to facilitate a resolution. PK pointed out the Public Hearing is closed. It is up to the Commission to decide if the Wetlands Resource Area is a BVW or an IVW and whether it is subject to wetlands jurisdiction. PK feels it is the applicant's burden to prove their case and that wasn't met so the RDA should be denied. JP and JC are in agreement. PV feels that the opposing sides want the commission to make a determination on IVW vs. BVW and the burden of proof is not the main issue. PK asked if anyone on the commission feels the area is 2 IVW's with a channel between them and not subject to the DEP wetlands jurisdiction. JS said he clearly saw a stream connecting the 2 IVW's which makes it a BVW. MOTION: Made by Vice Chair Patrice Vogelman to issue a positive determination on the RDA with regard that the area described is a BVW and therefore subject to protection under state jurisdiction and the Wetlands Protection Act. SECOND: Member Jack Creighton VOTE: 6-0 Unanimous-Motion Carries 8:50 PM -Fee Adjustment Discussion and Possible Adoption JP presented the new fee schedule (attached). Even though the filing fees are increased, overall the fees have been decreased by 30%. A fee of$150 to be paid up front was added to a Notice of Intent to cover the Certificate of Compliance; this will hopefully encourage applicants to complete their projects and have the Agent approve the work. PK wanted it clear that this fee does not guarantee compliance if the work was not completed or done without adhering to the Order of Conditions. It was decided to call the fee a "Request for Certificate of Compliance" so it puts the burden on the applicant. Anyone who filed between April 1 and April 19 will be charged according to the new fee schedule. DOCUMENTS REQUIRING CC SIGNATURES: 88 Nichols Road/Heffernan-SWP 16-08 - Category 1: No Public Hearing required Conservation Commission Minutes April 7, 2016 Cavanaro Consulting filed an application for a garage addition. Commission approved the application. Partial Certificate of Compliance: 45 Pleasant Street The home is under agreement and being sold. JS did a sight visit and was satisfied with the project. 84 Gammons RoadlWise—Extend OOC Mr. Wise is asking for a 3-year extension. His original OOC expires at the end of the month. The Commission wanted to issue a 4-year extension but JS pointed out that the applicant has already completed 2 of 3 phases of the proposed project. The request has been continued to April 21, 2016 to allow for JS to do a site visit prior to voting on an extension. Beach St. Builders/Ellen Morrissey Ms. Morrissey is the prior owner of this property and wants the commission to issue a letter stating that no NOl's have been filed for an additional lot to be developed. PK is hesitant about getting involved with a private property. It was decided that Ms. Morrissey can inspect our files but no letter will be issued. 604 Jerusalem Road—Brewer/Total Tree Care - Discussion It was the will of the commission to bring in all parties involved with the tree removal at 604 Jerusalem Road for discussion and possible resolution. Staff will send letters to the Brewers and Total Tree Care requesting their presence at a future hearing. With no further business, meeting was adjourned at 9:30 pm. Minutes approved by the Conservation Commission: ;2�'�� ' Signed by Conservation Commission Chair: