Botched Permit at 350 Forest Ave Dominates Hearing, Fees Increased

Key Points

  • An "after-the-fact" stormwater permit for 350 Forest Avenue was approved with strict conditions following the discovery of a town permitting error.
  • The commission unanimously approved its first fee schedule increase since 2016 for various permits and filings.
  • A proposal to treat invasive phragmites along the Gulf River was continued, with the applicant directed to create a formal scientific trial plan.
  • A resolution for a Certificate of Compliance at 31-35 Elm Street was postponed pending a new mitigation plan to address an invasive knotweed infestation.
  • Minutes for the September 11 and September 23, 2025 meetings were approved.

The Cohasset Conservation Commission’s November 6 meeting was dominated by an “after-the-fact” stormwater permit for a home at 350 Forest Avenue, a project that proceeded without Conservation signoff due to an apparent internal town error. The homeowner, Michael Going, and his engineer, Paul Gun of Morris Engineering, presented a plan to manage stormwater from recent home additions and a new garage, but the commission and a neighbor expressed serious concerns over how the unpermitted work led to significant runoff. After opening the meeting and approving minutes from September 11 and September 23, the commission dove into the complex situation.

The work at 350 Forest Ave began after a building permit was issued without the necessary stormwater review. "This is a really awful situation to have developed," said member Tom Bell. "I'd be happy to see a fine for this." Conservation Agent Charlotte Pectal explained that the error appeared to be an internal oversight in the town's digital permitting system. The homeowner, Michael Going, said he was unaware of the requirement and had hired an engineer to fix the situation as soon as he learned of it. "We recognized that there was an issue with the storm water... before we ever bought the property," Going stated, emphasizing his intent was always to improve drainage. However, neighbor Pierre Berthan shared photos of significant flooding on his property during a July storm. “What if it's not good enough? What if this continues?” Berthan asked the commission. Member Kathy Berigan questioned if the proposed system would solve the problem, to which Mr. Gun replied they were "expecting a significant reduction of runoff." Ultimately, the commission approved the permit with strict conditions, including the immediate installation of erosion controls and a requirement to explore connecting the system's overflow to a nearby drain pipe, a goodwill gesture suggested by Bell. A motion was made by Chris McIntyre to close the public hearing for the after the fact storm water permit 25-15 at 350 Forest Ave and issue a storm water permit with our standard special conditions and the conditions previously shown on the screen and read into the record by our conservation agent. The motion was seconded by Tom Bell. Vote Passed 5-0.

Later in the meeting, the commission unanimously voted to increase its fee schedule for the first time since 2016. While the new fees for stormwater permits, amendments, and certificates of compliance will bring in more revenue, Tom Bell argued they don't go far enough to cover inflationary costs over the past decade. "We're giving one of the richest towns in America a 35% discount if we go ahead with your plan," he remarked to the agent. Chair Chris McIntyre supported passing the new schedule immediately, stating, "I just want to start bringing in more." A motion was made by Chris McIntyre to approve the fee schedule as presented with the exception of the RDA language for trees. The motion was seconded by Will Ashton. Vote Passed 5-0.

Other hearings included a continued discussion about using herbicides to treat invasive phragmites along the Gulf River. The commission sent the applicant, Tanner Pool of Solitude Lake Management, back to the drawing board, demanding a formal scientific plan for a small-scale trial. "Any test should... be actually monitoring both the upland and and the Gulf sides of the area," said Vice Chair Steven Magnell. The commission also addressed a Certificate of Compliance for 31-35 Elm Street, where required mitigation plantings were made impossible by a surprise Japanese Knotweed infestation. Member William Ashton suggested an alternative: "Whatever the square footage that we had to mitigate... tell us the right number of trees to go into that amount of space." That hearing was continued to allow for input from a wetland scientist.