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HomeMy WebLinkAboutMinutes - CC - 09/04/2014 Conservation Commission Meeting September 4, 2014 Date: Thursday,September 4, 2014 Time: 7:00 p.m. Place: Town Hall Basement Meeting Room 41 Highland Avenue Cohasset, MA Commissioners Present: Jack Creighton,Chairman Patrick Kennedy,Vice Chairman James Martin James Gilman David Farrag Alex Koines Patrice Vogelman,Associate Commissioners Absent: Edward Graham Justin Pimpare,Associate Commissions Consultant Present: CCC/SW Agent, Paul Shea Chairman Jack Creighton called the meeting to order at 7:00 p.m. 7:00 p.m._-121-183 Jerusalem Road NOI#14-25 Chairman Creighton read aloud the public hearing notice. This application is for roadway reconstruction and culvert replacement. John Cavanaro from Cavanaro Consulting was present as well as Director of Project Management Brian Joyce. Mr. Cavanaro stated that the town hired Coughlin Environmental Services back in 2010 to look at this project. The proposed project is to replace the culvert and elevate the road to minimize flooding. The culvert will increase horizontally by 1 foot to 8 feet and increase vertically by a few feet. This will more than double the capacity of the culvert. They did receive some comments from DEP that they are still working on. This is a roadway improvement project for a public road and a flood control structure. Paul Shea stated if they need a permit for Chapter 91 they would need this permit from Conservation first. If there is any change in the design they would have to come back to Conservation. Paul Shea has no problem with the proposed project. Patrick Kennedy asked about what type of fencing will be used along the edge of the road. Mr. Cavanaro stated they go by Mass Highway standards. They will probably guardrail where necessary. There will also be a siltation barrier during construction. There will be hay bales with a silt fence. Martha Gjesteby of 81 Old Pasture Road asked if they are taking into consideration the tides and if they are elevating the road high enough. Mr. Cavanaro stated they are elevating it as high as practicable. Director of Project Management Brian Joyce stated they are elevating the road above the 5 year flood stage. This project is partially (75%) funded by FEMA. Motion by David Farrag to issue a variance for the project at 121-183 Jerusalem Road,seconded by Patrick Kennedy and the vote was unanimous (6-0). Motion by David Farrag to close the hearing and issue an order of conditions for the project at 121- 183 Jerusalem Road,seconded by Patrick Kennedy and the vote was unanimous (6-0). Con Com-9/4/14-TC Conservation Commission Meeting September 4, 2014 7:20 p.m.--130 Beach Street—ATF-NOI#14-26 Chairman Creighton read aloud the public hearing notice. John Cavanaro from Cavanaro Consulting was present on behalf of the owners Richard & Babette Strecker. This project is for landscaping activities. The property owners have removed a dead tree and some vegetation that was not sustainable from the right of their driveway. They replanted it with a live tree and reconstructed a shallow stone wall. They would like to do some more work in the area in the future. They would like to put vegetation along the backside of the coastal bank and also install a fence at the corner of the house. Paul Shea stated they had a DEP fife number and they had no comments. Attorney Charles Humphreys was present representing abutters, Dr. Richard&Kim Alemian of 131 Beach Street and Bruce and Ellen Herzfelder of 133 Beach Street. His clients concern is the right of way. He read aloud the deed for the right of way and submitted it to the Commission. He asked the Commission to not allow the stone wall since it is in the right of way. Mr. Cavanaro stated that the stone wall does not encroach on the right of way. Attorney Humphreys stated his clients have always stored their kayaks along the culvert and it seems as though the stone wail is put there to deliberately not allow that to happen. He also stated that the wail is in the resource area not the buffer zone. Mr. Cavanaro stated it is not in the resource area it is at the top of the bank. Chairman Creighton suggested the neighbors work this out since it is a shared way and this is a property right issue not for the CCC to decide. Babette Strecker stated she spoke to Mrs. Herzfelder and she said she had an issue with the right of way and not the wall. This is a surprise to her. Richard Alemian of 131 Beach Street stated he bought the property in 1975 and there was nothing there at the time. He put his canoes down there. The board had a lengthy discussion and asked the neighbors to work with each other to come to a solution regarding right of way access issues. Motion by James Marten to issue a variance and approve the work within the 50' buffer zone at 130 Beach Street,seconded by James Gilman and the vote was unanimous. Motion by Patrick Kennedy moves to close the hearing and issue an order of conditions for the ATF NOI application for the project at 130 Beach Street,seconded by James Marten and the vote was unanimous. 7:30 p.m.-422 King Street-Show Cause Hearin Paul Shea stated he received some phones calls regarding the new property owners at 422 King Street. He was told trees were being taken down within the 50' and 100' buffer zone to a BVW. Paul Shea went out to the site and could see all the trees that have been cleared and a new lawn was put in. When he went to speak with the new property owners it did not go well. He tried to explain that there were resource areas and buffer zones all over the property and that some of the neighbors had called in. According to the Assessor's office,Jamie Siler is the property owner. He sent a certified letter to the owner to attend a show cause hearing and suggested that the landscaper should come as well. Jamie Siler spoke to the Commission and stated she just moved to Cohasset in June 2014 with her two small children. She stated the day Paul Shea arrived at her property he didn't park out front of her house and just came onto her property without permission. She had an issue with him not identifying himself. Her friend asked him to leave the property and things got a little heated. Ms.Siler provided pictures of what was removed. She stated she removed trash,glass and debris and a rotted tree. She had family members help her remove it because they feared it would fall down. She cut down other trees but didn't know she had to get approval. Mark Donovan(prior resident)stated there was a landscaping truck at the residence with the name Rough Country. They removed approximately 10 mature trees. Paul Shea stated for the record he did identify himself as Paul Shea from Conservation. Paul Shea recounted what happened at his site visit. He stated there were clearly trees taken down in the 50' and 100' buffer zone to a BVW. Paul Shea provided pictures of the property from a couple of years ago. The Con Com-9/4/14-TC Conservation Commission Meeting September 4, 2014 Commission agreed there were trees removed. Paul Shea asked if he could get contact information from the company that took down the trees to find out what species they were. The Commission agreed to have Paul Shea contact the tree company. They discussed some type of restoration that may be necessary. Chairman Creighton asked Ms. Siler if she would permit a site visit by the Commission. They agreed to a site visit on 8 a.m. on Wednesday, September loth. The hearing is continued until Thursday,September l8th at 7:45 p.m. 8:30 p.m.—80 Lantern Lane The hearing is continued until September 18, 2014. Topics not reasonably anticipated within 48 hours of CCC meeting Chairman Creighton stated Brian Buckley was ordered to court for the dumping at Ellms Meadow and did not show up and has since been arrested. Chairman of Water Commission Leonora Jenkins was present. She asked why the Water Commission was not informed of the hearing for 37 Cushing Road since they are abutters. They knew nothing about the cleanup. She showed the Commission a pile of debris on James Lane. Leonora Jenkins asked why the area isn't cleaned up;just a small swath of area is cleaned up. Mr. Creighton stated the area Ms.Jenkins is referring to was cleaned up. That is the area that he saw someone dumping at. They do not know who is responsible for the rest of the dumping. Paul Shea suggested having DPW clean up the area and distribute a flyer informing residents not to dump. Motion by David Farrag to approve the minutes of July 17,2014,seconded by James Gilman and the vote was 5-0-1. Chairman Creighton abstained from the vote. Motion by Patrick Kennedy to adjourn,seconded by Alex Koines and the vote was unanimous. Minutes approved by the Conservation Commission• `- l Signed by CCC Chairman Jack Creighton: Con Com-9/4/14-TC