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HomeMy WebLinkAboutMinutes - CC - 03/02/2017 Conservation Commission Meeting March 2,2017 APPROVED MINUTES COHASSET CONSERVATION COMMISSION DATE: Thursday, March 2, 2017 TIME: 7:00 PM PLACE: Willcutt Commons, 91 Sohier St— Chart Room IN ATTENDANCE: Patrice Vogelman, Chair Andrea Buffum, Secretary/Treasurer Patrick Kennedy, Member Edward Graham, Member Alex Koines, Member Eric Eisenhauer,Associate Member Chris MacFarlane, Associate Member(arrived 7:35 pm) Jeff Summers, Conservation Agent Angela Geso, Conservation Staff PHONE REMOTE: Justin Plmpare, Vice Chair(7:00 to 7:10 pm) Meeting called to order at 7pm. MINUTES FOR APPROVAL: The following minutes were approved, all with motions by Member Kennedy and Second by Member Graham.: June 2, 2016—VOTE 6-0-1 (Chair Vogelman abstained: not in attendance at that meeting. February 2, 2017: VOTE 6-0 (Vice Chair Pimpare ended phone remote) February,16, 2017: VOTE 5-0-1 (Member Creighton abstained: not in attendance at that meeting) 7:05 PM 589 Jerusalem Rd/Show Cause Condo Construction -Shannon In attendance to represent agenda item: Attorney Rich Henderson, Matt Shannon/Owner: Abutters Deidre Hobson, Elaine Breslow Chair Patrice Vogelman said the Order of Condition for NOI 14-21 from 8/21/14 showed trees on the bank but a year later almost all the trees had been cut down. A Cease& Desist was issued requesting the owner appear for a Show Cause Hearing on 5121/15. The owner is saying the planting cannot be done until the construction reaches a certain level and the irrigation system is installed. The commission felt there has been ample time to take care of these issues and that there was no mention of irrigation at prior hearings.Agent Jeff Summers said Option 1 will involve an ENF with specific date of completion for planting plan and Option 2 would just set a date for planting plan with no ENF. Town Counsel recommends an ATF NOI so a Certificate of Completion will be generated to insure compliance. MOTION: By Member Creighton to issue an Enforcement Order for 589 Jerusalem Road that requires the order be ratified by the Commission on Thursday, March 16, 2017 and that a Notice of Intent be filed with staff by 4 pm on Thursday, March 30, 2017 and put on the agenda for April 14, 2017. SECOND: By Member Koines DISCUSSION: Member Kennedy feels the best way to proceed might be an After-the-Fact NOI and that an ENF order not ratified can't be enforced. Chair Vogelman said there is nothing that says the Commission has to ratify the order.Jeff Summers said the order has to be ratified by a majority vote. Member Kennedy wanted the vote to be at the meeting following approval of the ENF. His comments were duly noted by Chair Vogelman. VOTE: 6-0 Unanimous Conservation Commission Meeting March 2,2017 7,35 PM heard at 7:55 ATF NOI 17-02 401 Jerusalem Rd Murle In attendance: John Cavanaro/Cavanaro Consulting; Peter Murleylowner, Sean PapichlLandscape Designer; Peter and Michelle Lane (Abutters During construction of a new home some work was done in violation which initiated the ATF NOI filing. John Cavanaro says replacing the staircase to the lower yard became more involved than anticipated. The new project eliminates 1900 slf of paved driveway. Sean Papich is proposing native plantings that should encourage drainage flow. MOTION: By Member Kennedy to close the public hearing for A-T-F NO] 17-02 and issue an Order of Conditions for work proposed at 401 Jerusalem Road by Peter Murley, owner. SECOND: By Member Graham VOTE: 6-0 Unanimous MOTION: By Member Kennedy to close the public hearing for A-T-F NO[ 17-02 and issue variance for work within the buffer zone at 401 Jerusalem Road by Peter Murley,owner. SECOND: By Member Graham VOTE: 6-0 Unanimous Business Covered Under 48-Hour Rule Tad Lane and Howe Rd—New Construction—Tad Howe LLC SWP 16-27 After receiving complaints from abutters, Jeff Summers did a site visit and found that some vegetation had been removed within the tree line in violation of the SWP The Commission wants to bring in the developers to explain their actions. Chair Vogelman asked staff to send a Cease& Desist letter to the Davis brothers asking them to appear on March 16, 2017. Failure to do so will result in enforcement and possible fines. The overall will of the Commission is to have Jeff Summers follow up on projects where OOC's have been issued but either no work has been done or the work being done has not been inspected. With no further business a motion to adjourn at 9:30—pm was made, seconded and approved 6-0. MINUTES APPROVED BY THE CONSERVATION COMMISSION: SIGNED BY CONSERVATION CHAIR: