Two Pond Street Homes Win Clearance Under New No-Asphalt Environmental Rule
Key Points
- Pond Street residential projects approved with strict prohibition on asphalt driveways to protect wetland buffers
- Conservation Agent proposes town-wide regulatory update to ban bituminous paving in all 100-foot buffer zones
- Title search uncovers and resolves 1991 open dock permit at 30 Blackhorse Lane
- Commission faces potential vacancies as W. Ashton runs for Select Board and K. Berigan’s term nears completion
In a decision that may signal a shift in town-wide development standards, the Cohasset Conservation Commission cleared the way for two single-family homes at 40 and 46 Pond Street while imposing a strict ban on traditional asphalt driveways. The commission signaled that the environmental protection of wetland buffers now outweighs the convenience of standard paving materials, potentially setting a precedent for all future projects near the town’s waterways.
The projects at 40 and 46 Pond Street, which involve the construction of homes and driveways within the 100-foot wetland buffer, have been a point of contention involving the planning board and local abutters. Engineer Taylor Corsano presented several design alternatives to the commission, ultimately arguing that the current plan offered the best balance for the site. Corsano noted, We still feel the layout we currently have is the best for the site,
adding that roof runoff would be managed through underground treatment systems. Attorney Adam Brodzky, representing the project, emphasized the importance of the commission's decision in avoiding a protracted legal battle, stating that the move would resolve the planning board appeal and eliminate the need to litigate.
The commission’s approval came with a significant caveat: a total prohibition on bituminous concrete, or traditional asphalt, for the driveways. Member William Ashton led the push for the restriction, stating, My only condition that I would propose is no bituminous paving. No pavement, but it could be concrete or pavers or anything else that's not bituminous, due to the oils that come off of it.
Vice Chair Steven Magnell echoed this concern, telling the applicants, Putting a tar seal in there is probably not a good idea. If you could do pervious pavers in the buffer zone parts, that would be great.
Residents raised concerns regarding the long-term maintenance of the site's environmental features. Mary Joe Larson asked via the meeting's Q&A feature, Who will be responsible for maintaining the 70-foot long retaining wall and rain gardens?
Applicant Curtis Webb responded that a homeowners association would be established to oversee the infrastructure, stating, We can put the maintenance of the walls in there. We've taken precautions with swales and plantings to maintain these.
Motion Made by W. Ashton to close the public hearing and issue an order of conditions and stormwater permit for 40 Pond Street. Motion Passed 5-0. Motion Made by W. Ashton to issue a variance for mitigation plantings within the 50-foot buffer at 40 Pond Street. Motion Passed 5-0. Motion Made by W. Ashton to close the public hearing and issue an order of conditions for 46 Pond Street. Motion Passed 5-0. Motion Made by W. Ashton to issue a variance for 46 Pond Street for mitigation plantings within the 50-foot buffer. Motion Passed 5-0.
Conservation Agent Charlotte Pectal confirmed that these restrictions might soon become standard practice across Cohasset. Pectal told the commission she intends to prioritize the 100-foot buffer in upcoming regulatory updates, potentially including the no bituminous
rule in standing regulations. Chair Chris McIntyre supported the move, noting, I definitely think riverfront is important for the no bituminous rule.
In other business, the commission finally closed a 35-year-old permit for a dock at 30 Blackhorse Lane. Discovered during a title search, the 1991 permit had never received a Certificate of Compliance. Current homeowner Alex noted that the issue was identified as a condition of escrow, explaining, We did not reward an extension to [the previous owner]. The house is in our possession.
Agent Pectal noted that while the dock float is currently stored on the marsh, she would work with the homeowners to move it once the ground thaws. Motion Made by C. McIntyre to issue a certificate of compliance for 30 Blackhorse Lane. Motion Passed 5-0.
The meeting also highlighted upcoming shifts in the commission’s membership. Member William Ashton announced his candidacy for the Select Board, noting, If I win that in May, I will leave the commission.
Additionally, Secretary Kathy Berigan is nearing the end of her second term in June. Member Sanji Fernando, participating in the evening's votes, also noted the importance of administrative accuracy, remarking on the previous meeting's records: I think I might have to abstain because I don't think I attended that meeting.
Motion Made by C. McIntyre to approve the minutes from January 8, 2026. Motion Passed 4-0-1.