Seven-Member Conservation Commission Quorum Stands Following Unanimous Withdrawal of Warrant Article Revision
Key Points
- Commissioners unanimously withdrew a Town Warrant article that would have allowed the board to reduce its size to five members.
- A tree removal request at Blackhorse Lane was stalled as members debated if insurance carrier mandates should influence local conservation permits.
- The commission lifted an enforcement order at 88 Don Street and authorized a driveway paving project paired with red maple mitigation plantings.
- Agent Charlotte Pectal initiated enforcement action against a property at 380 Chief Justice Cushing Highway for unauthorized snow dumping in a wetland.
- The board formally authorized a legal response to an Open Meeting Law complaint regarding its documentation procedures for the Pond Street project.
The Cohasset Conservation Commission opted to maintain its current structural requirements this week, as members abandoned a proposal that would have allowed the board to shrink to five members. Seeking to resolve recurring quorum difficulties that have plagued recent meetings, the commission originally considered a Town Warrant Article to transition from a fixed seven-member body to a flexible range of five to seven members. However, after receiving guidance from Town Counsel that the quorum requirement would remain based on the higher number regardless of the range, members voiced concerns over the potential for a skeleton crew making high-stakes environmental decisions. Member Tom Bell led the push to keep the current standard, stating, I'd be concerned about having a quorum as small as 3 for these complex projects. I'd rather stay at 7 and work harder on recruitment.
Secretary Kathy Berigan concurred, expressing similar reservations about a reduced quorum. Member Sanji Fernando suggested a more grassroots approach to the vacancy problem, noting, I'm with Tom. We should keep the quorum at 4. I'll grab people at the transfer station if I have to.
Chair Chris McIntyre concluded that the consensus favored stability over flexibility, leading to a formal decision to pull the item from the upcoming Town Meeting warrant. Motion Made by T. Bell to stay at a count of seven members and withdraw the warrant article. Motion Passed (5-0-0).
The commission also found itself at a crossroads regarding the influence of private insurance policies on local environmental protection. Applicant Steve Callahan and consultant Brad Holmes requested permission to remove two healthy spruce trees at 70 and 74 Blackhorse Lane, citing a homeowner’s insurance inspection that identified the trees as hazards. He notified me that because of the closeness and height of the trees, the insurance company might not insure the house or would request they be removed,
Callahan told the board, noting it was a new policy on a new home. While Holmes acknowledged the trees were not diseased, he argued they posed a strike risk to the structure. The request sparked a philosophical debate among members. Member Sanji Fernando questioned the precedent, asking, Is every tree within striking distance of a house now a hazard? I'm struggling with this. I haven't seen any evidence of a hazard risk.
He further cautioned against the board becoming an arm of insurance underwriting, stating, I don't know why we are introducing insurance underwriting as a criteria for approving tree removal. It's not in our bylaws.
Vice Chair Steven Magnell noted that in the current environment, insurance is getting stricter,
but he joined other members in demanding a higher mitigation ratio. Chair McIntyre expressed concern over the trend of insurance companies pressuring homeowners to clear trees and requested documented proof from the insurer before the board would act. The hearing was continued to allow for a revised planting plan reflecting a 3:1 or 4:1 replacement ratio.
A long-standing enforcement issue at 88 Don Street reached a resolution as the commission navigated its recent asphalt pivot—a policy trend of discouraging impermeable surfaces in resource areas. Applicant Adam Norman sought to pave an existing gravel driveway located within the 200-foot riverfront area, a project that had previously triggered an enforcement order for unauthorized alterations. Dylan Brady of Grady Consulting presented a revised mitigation plan involving red maples and sweet pepper bush designed to offset the impact of the new pavement. He reviewed the species composition and size of the plants to be installed within the basin and riverfront area,
Brady said, referencing professional oversight from a wetland scientist. Vice Chair Magnell, who has historically been a proponent of pervious materials, accepted the trade-off in this instance because the drainage calculations remained neutral. I think this answers my concern about the dispersion of the plantings, so I am okay with the landscape plan,
Magnell noted, though he cautioned that the board should strictly enforce the no-new-impermeable-surface rule for future applications. Norman expressed a desire to move quickly, asking, I want to make sure I'm doing things in accordance with the sequence.
The board ultimately lifted the enforcement order and cleared the way for the work. Motion Made by C. McIntyre to close the public hearing for Notice of Intent 26-02 at 88 Don Street and issue an Order of Conditions with our standard special conditions. Motion Passed (4-0-0). Motion Made by C. McIntyre to issue a variance for the installation of an impervious driveway. Motion Passed (4-0-0). Motion Made by C. McIntyre to lift the enforcement order for unauthorized driveway alterations at 88 Don Street. Motion Passed (4-0-0).
In Little Harbor, a multi-generational structure will see a modern replacement as John Dicki and his wife Kate sought to update a seasonal float at 220 Atlantic Avenue. The existing structures were installed by my grandparents in the 1970s. The float is past its useful life,
Dicki explained. Their representative, Keith, noted that the only thing changing is the two brackets that attach to the ledge, which have rotted through.
Member William Ashton found the project straightforward, stating, No questions or comments. I'm on board.
Agent Charlotte Pectal added a condition that the float must be stored away from any salt marsh areas during the off-season to protect the rocky bank. Motion Made by C. McIntyre to close the public hearing for RDA 26-03 at 220 Atlantic Avenue and issue a Negative 2, 3, and 6 Determination of Applicability. Motion Passed (6-0-0).
The commission also formalized its defense against a recent Open Meeting Law complaint involving meeting minutes and document listings from previous hearings at Pond Street. Town Counsel drafted a response which Secretary Kathy Berigan described as great,
noting the attorney did a good job
clarifying that the board is not required to include documents in the minutes if they were not part of active deliberation. Motion Made by S. Magnell to authorize Chair Chris McIntyre to respond to the Open Meeting Law complaint on behalf of the Commission. Motion Passed (5-0-0).
Environmental enforcement remains active across town, as Agent Pectal reported a significant violation involving illegal snow disposal at 380 Chief Justice Cushing Highway. I also noticed a large snow pile at 380 Chief Justice Cushing Highway that was dumped in the wetland,
Chair McIntyre observed, noting the pile remained even after warm weather. Pectal confirmed she would issue a letter to the owner, emphasizing that snow from commercial parking lots carries trash and salt that necessitates an emergency certification for such dumping—which the owner did not obtain. Additionally, Pectal reported an emergency water line break at 150 Howard Gleason Road where excavation occurred in wetlands due to a miscommunication between the engineers and contractors.
She has ordered the immediate replacement of wetland soils and the application of a native seed mix to restore the site.