559 Jerusalem Road Project proceeds on a 3-2 Conservation Commission vote

Peter DeCaprio, who has sold his home abutting the Ford property, was present at the meeting with neighbors and the neighbors’ attorney, Michael Rosen of Ruberto, Israel & Weiner, Boston. It is not clear if Rosen is representing the new owners of the DeCaprio property.

On a vote of 3-2, the Cohasset Conservation Commission voted in favor of the merits of the site plan for 559 Jerusalem Road and ordered the following conditions: Chris Ford, on behalf of his brother Ted, will have to resubmit his sewer permit application to the sewer commission to determine if the sewer commission agrees that the sewer permit issued to the project in 2010 is still applicable as there have been changes to the plan.

Second, Ford will be asked to construct a double barrier during construction of the utility lines to the project.

Commissioners voting in favor were Vice Chair Patrick Kennedy, James Gilman and Jim Marten. Chairman Jack Creighton and Alex Koines voted against the merits of the application and the conditions.

This vote will permit the Fords to start cleaning up the lot via “goatscaping,” for which the brothers have a permit, and to prepare the site before constructing a foundation that is already permitted.

At the Oct. 2 meeting Ford said he proposed removing 17 invasive trees and in said he would not be adding or excavating any materials from the site. All five members of the commissioners present (this is a 9-member board) said they felt the site plan was satisfactory.

Before landscaping begins, Ford will lease goats to clean up brush, weeds and other materials. Peter DeCaprio, who has sold his home abutting the Ford property, was present at the meeting with neighbors and the neighbors’ attorney, Michael Rosen of Ruberto, Israel & Weiner, Boston. It is not clear if Rosen is representing the new owners of the DeCaprio property.

Rosen said that because Ford’s May 14th application had changes, i.e. relocation of the house on the lot, Ford would need to seek a new sewer permit. Rosen read Section 305 of the sewer bylaws to justify his claim

Kennedy and Charles Humphreys, attorney for the Fords, disagreed with Rosen’s finding. Kennedy said that the sewer permit was approved in 2013 and the location of the sewer line was in the same location then as now. “I find this to be a non-issue.”

“There should not be a delay,” Humphreys said. He noted that numerous additional permits had to be applied for before site preparation could begin, such as a construction permit. He added that work on the site would be monitored before, after and during construction. He added that the sewer commission had approved the sewer plan in 2013. “This is not new.”

Several times during discussion Creighton proposed delaying the vote, and each time Ford and Humphreys asked for the vote. Ford has been coming before the commission regarding this project since 2010. There have been 4 or 5 hearings on the landscaping plan.

Creighton said he would not be able to vote in favor of the plan because he felt a favorable vote would be appealed.

“Three commissioners say we proceed,” Kennedy said. And they did.

© Copyright 2014 Tanna K, All rights Reserved. Written For: Tinytown Unleashed
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