Joy Place Seawall Scrapped; Commission Weighs Herbicide Use, Buffer Zone Upgrades

Key Points

  • A proposed 165-foot seawall at 45 Joy Place was withdrawn after commission and public criticism over its eligibility and effectiveness.
  • The commission continued a hearing on a controversial plan to use herbicides to remove invasive phragmites along the Gulf River, citing concerns over risks and long-term success.
  • Multiple projects that reduce impervious surfaces within wetland buffer zones, including at 95 Atlantic Avenue and 19 Heather Drive, received approvals.
  • A request to restore a pre-existing walking trail within the buffer zone of Straits Pond at 695 Jerusalem Road was approved with conditions to protect wildlife.
  • A new single-family home at 66 Blackhorse Lane, which includes removing a large, poorly-sited driveway, was continued pending a state file number.
  • The commission approved a Certificate of Compliance for a completed septic repair project at 460 King Street.
  • Conservation Agent Charlotte Pel announced the town, in partnership with Scituate, received a $117,000 grant for water quality and marsh migration modeling in the Gulf River.

The Cohasset Conservation Commission navigated a series of complex proposals during its October 9 meeting, ultimately seeing a contentious seawall project withdrawn while debating the use of herbicides for habitat restoration and approving several projects that reduce hardscaping within sensitive buffer zones. Acting Chair Steven Magnell led the commission through a lengthy agenda that balanced homeowner ambitions with environmental regulations.

The most heated discussion centered on a proposed 165-foot stone seawall at 45 Joy Place, intended to mirror an adjacent wall protecting a historic cemetery. The applicant argued it would provide flood protection, but the plan was met with skepticism. Commission members noted the wall's proposed height of 7.5 feet would be ineffective against major storm surges. "It's really only protecting the the lawn for tides higher than or lower than lower than 7 and a half ft," Magnell observed. Member William Ashton drew a sharp distinction between the two projects, stating the cemetery wall protected historic gravesites, whereas this one "is protecting his lawn." Following objections from abutter Brian Nelson, who argued the project failed to meet local requirements for erosion control, the applicant withdrew the seawall from consideration, opting to proceed only with a request for a dock.

A proposal to manage invasive phragmites along the Gulf River with a multi-year herbicide treatment plan sparked a divided response. While presenters from Solitude Lake Management outlined a plan for targeted application and native species replanting, some members remained wary. "I don't think that the benefit outweighs the potential cost of this," said Ashton, reaffirming his opposition to herbicide use in the marsh. Member Tom Bell expressed concerns about long-term commitment and effectiveness, suggesting a third-party review. "It'd be terrible to take all to take the risk and then not reach not see any benefits," Bell stated. Secretary Kathy Berigan questioned the project's lasting impact, asking, "What's what's going to stop the phragmites from coming back?" The hearing was continued for the applicants to provide more long-term data.

In contrast, projects focused on improving site conditions by removing impervious surfaces earned the commission's support. An amended plan for 95 Atlantic Avenue to replace a large asphalt driveway with pervious crushed stone and native plantings was praised by Ashton as a "significant improvement over the existing conditions." A motion was made by William Ashton to close the public hearing for amended notice of intent 25-05 at 95 Atlantic Avenue and issue an order of conditions with approved and revised/additional conditions. The motion passed 4-0. The commission also approved a motion made by William Ashton to wave the requirement to file a stormwater permit under the stormwater bylaw, which passed 4-0. Similarly, a plan to rebuild a garage and add a permeable patio at 19 Heather Drive, resulting in a net reduction of hardscape, was approved. Presenter Chris Lucas, a wetland scientist, described the plan as one that would be "improving the site conditions." A motion was made by William Ashton to issue a variance for notice of intent 25-26 at 19 Heather Drive for work within the 50-foot buffer zone, which passed 4-0.

The commission also approved the restoration of a historic trail at 695 Jerusalem Road. Applicant Fabricio Lombardi assured the board that no trees would be cut, including a large dead tree frequented by bald eagles. "It's a dead tree, but we are not going to touch it," Lombardi said. Berigan questioned the plan to ensure it protected wildlife. The long-term upkeep of the path was also a consideration, with member Sanji Fernando asking, "If, uh, with a negative RDA determination, will the applicant be able to maintain the path year-over-year without having come back to conservation?" A motion was made by William Ashton to issue a negative -2, -3, -6 determination for RDA25-12 at 695 Jerusalem Road with conditions. The motion passed 5-0.