Chairman McIntyre Dissents as Commission Backs 159 Atlantic Avenue Home Rebuild
Key Points
- Split 3-1 approval for the 159 Atlantic Avenue redevelopment despite Chairman McIntyre's concerns over 100-foot buffer zone construction
- Revision of 159 Atlantic Avenue plans to move all structures out of the 50-foot buffer and reduce total impervious surface area
- Public concerns from Lothrop Lane neighbors regarding increased water runoff and velocity from site grading
- Refusal of administrative approval for herbicides at 31-35 Elm Street in favor of mechanical Japanese Knotweed management
- Resolution of a 20-year-old title complication at 40 Beachwood Street through a partial Certificate of Compliance
- Briefing on upcoming state-level regulatory changes regarding Land Subject to Coastal Storm Flowage and moderate wave action zones
The Cohasset Conservation Commission moved forward with a controversial residential project at 159 Atlantic Avenue during its January 22nd session, despite significant pushback regarding construction within the 100-foot wetland buffer zone. Brendan Sullivan of Morse Engineering presented revised plans to raze the existing home and construct a new structure, noting that the team removed a garage bay on the south side. Um, so now the entire structure is outside of the 50ft buffer.
Mike Ryan, the property owner, emphasized the long-term vision for the site, stating, The idea of moving this house back felt like a very smart thing to do to make sure that it, you know... doesn't last for as long as we like.
However, Chairman Chris McIntyre remained unconvinced that the encroachment was necessary given the property's size, arguing that removing just removing um impervious does not equal no adverse impact.
Abutters from the Lothrop Lane area voiced significant concerns via the public Q&A regarding drainage and flooding. Tony Catlin, representing neighboring owners, warned the board that Our three properties are in effect downhill of 159. Given the size of the house, change a grading, the amount of proposed pvious area that would become impervious. We are concerned about runoff, flooding, and damage to wetlands.
Project attorney Adam Brodsky countered that the coastal location mitigated such risks, explaining that nothing we're going to do on this project is going to impair the ability of that flood plane to function.
Commissioner William Ashton specifically focused on potential runoff speeds, noting, I would be concerned that that increase in slope there would increase the velocity of a storm event running off into the neighbor's yard, which is one of the concerns we heard last time.
The Commission also grappled with a complex invasive species management plan for 31-35 Elm Street, where Japanese Knotweed has taken hold in a restoration area. Applicant Jason Zatary sought guidance on moving forward, asking, I'm just wondering if there's other options that maybe the commission could think about like I know we talked... about what would be the equivalent if we put in a couple trees.
Conservation Agent Charlotte Pectel verified the environmental conditions, noting, I don't you know I agree it's just an intermittent stream with that inland bank.
The board ultimately pushed for a non-chemical approach such as tarping or frequent mowing to manage the knotweed without introducing prohibited herbicides into the resource area.
The meeting concluded with a unique legal request for 40 Beachwood Street to resolve a title issue for a pending sale. Commissioner Kathy Berigan reviewed the historical data and supported the betterment of project plans, remarking on the Atlantic Avenue figures that they proposed 3,290 square feet and the change was a negative um 758 square feet. So that’s to the betterment of of this situation.
Member Tom Bell sought further clarification on specific delineations, requesting I guess I would like to see the 50 and 100 foot buffer plotted here to understand what the implications of that are.
After extensive deliberations, the Commission approved the Atlantic Avenue project through a split 3-1 vote, reflecting ongoing tensions over development within protected wetland buffers.
Motion Made by Tom Bell to issue an order for conditions for NOI 25-31 at 159 Atlantic Avenue with the conditions that have been outlined during the meeting and are part of the meeting record. Motion Passed 3-1 (Aye: Tom Bell, Kathy Berigan, William Ashton; Nay: Chris McIntyre)
Motion Made by Tom Bell to issue a variance for work within the 50 foot buffer for 159 Atlantic Avenue. Motion Passed 3-1 (Aye: Tom Bell, Kathy Berigan, William Ashton; Nay: Chris McIntyre)
Motion Made by Tom Bell to issue a variance for the flood zone and disturbance of 1,000 square feet at 159 Atlantic Avenue. Motion Passed 3-1 (Aye: Tom Bell, Kathy Berigan, William Ashton; Nay: Chris McIntyre)
Motion Made by Tom Bell to issue a storm water permit 25-18 for 159 Atlantic Avenue with our normal conditions and the conditions shown. Motion Passed 4-0
Motion Made by Kathy Berigan to issue a partial certificate of compliance for 40 Beachwood Street related to NOI 05-14 for 44 Beachwood Street to release 40 Beachwood Street of this order since no work was conducted at 40 Beachwood Street. Motion Passed 4-0
The meeting was adjourned at 10:35 PM.