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HomeMy WebLinkAboutMinutes - CC - 09/21/2017 Cohasset Conservation Commission September21,2017 Minutes APPROVED MINUTES COHASSET CONSERVATION COMMISSION MEETING THURSDAY, SEPTEMBER 21, 2017 7:00 PM -WILLCOTT COMMONS IN ATTENDANCE: Justin Pimpare, Chair Patrick Kennedy, Member Jack Creighton, Vice Chair Edward Graham, Member Eric Eisenhauer, Secretary/Treasurer Chris McFarlane, Member Kathy Heffernan, Associate Member Jeff Summers, Conservation Agent Angela Geso, Conservation Administrator ABSENT. Alex Koines, Member ABSENT Meeting called to order at 7:04 PM. 7:05 PM: NOI 17-15 Town of Cohasset: South Mal n/Ledgewood/Lincoin—Water Main Construction In attendance to represent agenda item: Jeff Hassett]Morse Engineering; Carl Hillstrom/Manager-Water Department; Lee Jenkins; Lenore JenkinslWater Commissioner Documents presented to support agenda item: Areas of jurisdiction will be slightly disturbed for installation of water main. Those areas will be refilled and/or returned to original condition. The project as proposed shows minimal impact to wetlands areas. Water Commissioner Jenkins said lack of funds has previously prevented this project from going forward and that piping was put under RR tracks out of necessity. Carl Hillstrom said the project has been put out to bid and they are anticipating a spring start. MOTION: By Member Kennedy to close the public hearing for NOI 17-15 and issue an Order of Conditions for water main construction by the Town of Cohasset at South Main Street/Ledgewood DrlLincoln Rd . SECOND: Member Graham VOTE: 6-0 Unanimous—Motion Passes MOTION: By Member Kennedy to issue a variance for work within the 50' buffer zone for water construction by the Town of Cohasset at South Main Street/Ledgewood Dr/Lincoln Rd . SECOND: Member Graham VOTE: 6-0 Unanimous— Motion Passes 7:25 PM: RDA 17-06_—291 North Main Street—Septic Upgrade -Munro In attendance to represent agenda item: John Cavanaro/Cavanaro Consulting;Alison Munro/Owner Documents presented to support agenda item: A new system is needed to replace the existing cesspool which is no longer functional.A portion of the leaching field will be in the 50' buffer zone. MOTION: By Member Kennedy to close the public hearing and issue a Positive 2B determination for boundaries of resource area (Bordering Vegetated Wetland on south end of lot) are not confirmed by this determination; and a Negative 3 determination for requested work in buffer zone that will not remove,fill, dredge, or alter the area for proposed work at 291 North Main Street. No Notice of Intent is required. SECOND: Member Graham VOTE: 6-0 Unanimous—Motion Passes 7:40—NOI 17-15—207 South Main Street—Dedes—Septic Sytem Upgrade In attendance to support agenda item: John Cavanaro/Cavanaro Consulting; James Dedes/Owner This is an older system that needs to be replaced. The predominance of ledge and shallow bedrock on the property calls for a larger elevated system with a retaining wall. Cohasset Conservation Commission September 21,2017 Minutes MOTION: By Member Kennedy to close the public hearing for NOI 17-16 and issue an Order of Conditions for proposed work on a septic upgrade at 207 South Main Street. SECOND: Member Graham VOTE: 6-0 Unanimous -Motion Passes MOTION: By Member Kennedy to issue a variance for work within the 50` buffer zone for a septic upgrade for proposed work at 207 South Main Street. SECOND: Member Graham VOTE: 6-0 Unanimous--Motion Passes 7:55- NOI 17-17 continued from 9117 389 Beechwood -Attached garage In attendance to support a enda item: John Cava narolCavanaro Consultin The main issue of the application is new construction being proposed in the 50` buffer zone. Vice Chair Creighton sees no rare and unusual situation to necessitate work within the buffer zone. Chair Pimpare is open to alternatives but is not in favor of the NOI as presented. Member MacFarlane feels the wetland on the property is already degraded and the work as presented would be an improvement. Members Kennedy and Graham felt the application meets all performance standards and there is no definitive evidence that the resource area would be harmed. Chair Pimpare requested the bylaw governing Variances, Section 13 of the Cohasset Wetlands Regulations, be put into public record for this hearing: "The Conservation Commission may, in its discretion, grant variances from the operation of one or more of the substantive regulations pursuant to this Section. Variances are to be granted only in extenuating cases, and shall be granted only in rare and unusual circumstances and in accordance with the provisions of this section. A variance request shall explain specifically from which provisions of the Bylaw or CWR the variance is sought and why it should be granted. The review of the variance request will be held concurrently with the review of the underlying permit application. A variance may be granted only for the following reasons and upon the following conditions: (i) upon a clear and convincing showing by the Applicant that any proposed work, or its natural and consequential impacts and effects, will not have any adverse effect upon any of the interests protected in the Bylaw; or(ii) when it is necessary to avoid so restricting the use of the property as to constitute an unconstitutional taking without compensation under Massachusetts law. The burden of proof is on the applicant that the proposed work will have no adverse effect upon the interests protected and the request must be submitted on the Conservation Commission form available at the Conservation Commission office." In addition, according to Section 27(A:1)' BUFFER ZONES of the CWR: . . ."There will be no alterations in the 50' Inner Buffer Zone except as necessary to access a crossing over a Resource Area if such crossing is permitted pursuant to Section 32(B)"and . . ."the Conservation Commission may grant a waiver or variance only upon a clear showing that the proposed activity will have no adverse impact of the Resource Area and the protected interests." A motion was made by Member Kennedy to approve the NOI as presented but after due discussion, Member Kennedy withdrew the motion. It was suggested by the Chair to continue the hearing and have revisions showing more delineation of shrub detail in the mitigation plan and a reduction of the impervious surface at the proposed turnaround. CONTINUED TO OCTOBER 5TH 48 HOUR ISSUE: UPDATE ON OLDE SALT HOUSE AT ATLANTICA Agent Jeff Summers and Chair Justin Pimpare have consulted with Attorney Lou Ross of Deutsch Williams as to how to proceed with the issue of the collapsed sea wall and having the owners file a full Notice of Intent.Agent Summers wants to wait until we get additional input from Town Counsel and the DEP before issuing any enforcement measures. With no further business, motion to adjourn at 8:45 was made by Member Kennedy, seconded by Member Graham and approved unanimously 6-0. DATE APPROVED BY CONSERVATION COMMISSI Il SIGNATURE OF COMMISSION CHAIR: - ----------------------------------