HomeMy Public PortalAboutConservation Commission -- 2021-07-13 Minutes T$s
o� oen00� Town of Brewster Conservation Commission
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ra, N 1657 Main St. , Brewster,
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conservation@brewsterwma . gov
(508) 896- 4546
MEETING MINUTES
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July 13 , 2021 6:00 PM
Conservation This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021 , No in- person meeting attendance
Commission will be permitted . If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town
website as soon as possible.
Michael Tobin The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.aov),
Chairman or Video recording (tv. brewster-ma.gov).
Casey Chatelain Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Gary Kaser, Greg Scalise
Vice Chair Person Commissioners Absent: Peter Wells
Staff Present: Noelle Aguiar (CA), Chris Miller (NR)
Commissioners
Bruce Evans McGuerty Road Aquifer Protection Project, 10.41 Acres — Request for Conservation Commission Approval to
Gary Kaser Accept Deed, property to be under the care, custody, control and management of the Conservation Commission
Greg Scalise for conservation, watershed protection and passive recreation purposes under the provisions of G. L. c. 40, 438C,
Peter Wells 39B, and 41 and Article 97 of the Massachusetts Constitution .
Conservation Administrator reviewed the property's recent history. Including its' involvement in the Land Grant
Staff Program in 2020, as well as a Land Program Local Acquisition for Natural Diversity Project Agreement between the
Town of Brewster and the Commonwealth of Massachusetts.
Chris Miller,
Natural Resources To be notarized by Michael Tobin .
Director
Commissioner Bruce Evans moves to accept the deed for the property. Commissioner Gary Kaser second. A roll call
Noelle Aguilar, vote was taken , Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain - yes, Michael Tobin — yes. The
Conservation Commission was 5 -Yes, 0- No,
Administrator
Public Hearings
Andreana Sideris,
Assistant to 1 : Requests for Determination of Applicability - Town of Brewster Water Department requests determinations
Natural Resources as to whether the area — buffer zone to Inland wetlands, and the work — construction of a water main, are
Director and subject to the jurisdiction of the BWP Bylaw. Property is on Great Field's Road, Assessors' Maps 45, 46, 47.
Conservation Paul Anderson, Superintendent of the Water Department, represented the applicant. Paul explained the project
Administrator proposes to install an & inch water main to provide domestic fire protection and enhance the hydraulic grade of the
general area . Will be installed by the Brewster Water Department personnel .
Conservation Administrator recommends a determination of negative 3 and negative 6,
List of documents discussed at this hearing ;
a. Site Plan Showing Proposed Water Main & Connections 3/5/2020
Commissioner Bruce Evans moves to make a determination of negative 3 and negative 6, work to occur within a
buffer zone but will not alter an area subject to protection in the case of Brewster Water Department on Great Fields
Road , Commissioner Gary Kaser second , A roll call vote was taken , Bruce Evans- yes, Gary Kaser — yes, Greg Scalise-
yes, Casey Chatelain - yes, Michael Tobin — yes. The Commission was 5 -Yes, 0- No.
Notices of Intent
1 . Carmine Cutone and Christine Harvey propose to construct an elevated stairway with platform and a seasonal
dock, on and within 50 feet of Inland Wetlands, on 80 Mill Pond Drive, 34/48 (36/87) .
David Bennet joins meeting by phone representing Carmine Cutone and Christine Harvey who propose an elevated
walkway to a platform to an aluminum seasonal dock, David stressed the request of the property owners to be able
to utilize the property for recreation access to Mill Pond. David explained that the need for a wide landing is to store
the dock off season.
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Commissioners Casey and Michael raise concerns that the proposed landing is too wide, They recommend either storing the dock outside of
the buffer zone or storing the dock along the pathway,
Commissioner Gary raises concerns for the project being too large scaled for the size of Mill Pond ,
Conservation Agent explains that variances are typically only granted in rare conditions and that the commission avoids permitting large
platforms within wetlands. CA suggests dock storage alternatives.
Christine Harveyjoined the meeting remotely to express gratitude to the commission for the work that they do,
List of documents discussed at this hearing :
a. Site Plan for 80 Mill Pond Drive 6/4/2021
b. Site Plan for 162 Owl Pond Road
c. Site Photos, Ocean Edge, Blueberry pond, SE 9- 1570 and 1571 , 2/12/2020
Commissioner Bruce Evans moves to continue the hearing for Carmine Cutone and Christine Harvey at 80 Mill Pond Drive to August 10, 2021 .
Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain- yes, Michael
Tobin — yes. The Commission was 5 -Yes, 0- No.
2 . Ashwin Gollerkeri, Gollerkeri Living Trust, proposes to construct a patio within 51 feet of Coastal Wetlands, on 130 Hillbourne
Terrace, 115/27 (9/19- 19) .
CA states that Gollerkeri Living Trust requests a continuance to August 10, 2021 ,
Commissioner Bruce Evans moves to continue the hearing for Ashwin Gollerkeri of Gollerkeri Living Trust at 130 Hilibourne Terrace to August
10, 2021 . Commissioner Gary Kaser second , A roll call vote was taken. Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain -
yes, Michael Tobin — yes, The Commission was 5-Yes, 0- No,
3. James and Charlotte (Newman propose to remodel an existing dwelling in place, on and within 50 feet of Coastal Wetlands, on 1
Carver Road, 50/33 (3/15) . Rescheduled Public Hearing
John O ' Reilly, J , M . O'Reilly & Associates Inc., represented the applicant. John described the project as contained in the Notice of Intent, site
plan, project narrative and variance request. John justifies adding 8 feet of lawn with mitigation of 1 ,000 sq ft of invasive removal with native
plantings, implementing a trench and drywall, and the removal of dark- mulch beds with native- plant beds. John made note that the
homeowners are speaking with BlueFlax Design LLC about coastal bank restoration and removing invasives along their coastal bank.
Commissioner Michael wants the native plantings to succeed without the invasives taking over again.
Commissioner Bruce is concerned with the lawn being within the 50' buffer zone.
Commissioner Casey expresses her gratitude for implementing storm water drainage,
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CA commented that a lawn can be acceptable if it is to provide an access way to get around the front to the back of the house,
List of documents discussed at this hearing:
a. 1 . M , O' Reilly & Associates Existing Condition Plan, 1 Carver Road, 05/17/2021
Commissioner Bruce Evans moves to continue the hearing for James and Charlotte Newman at 1 Carver Road to July 27, 2021 to draft an Order
of Conditions. Commissioner Gary Kaser second. A roll call vote was taken. Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey
Chatelain- yes, Michael Tobin — yes. The Commission was 5-Yes, 0- No.
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4. Attorney Benjamin Zehnder proposes to remodel one cottage in place, remove three cottages and reconstruct two dwellings within
100 feet of a Coastal Dune and prune for vista purposes, on 178 Bonnie Doone Cartway, 102/13 (8/7) .
John O' Reilly, 1 . M , O' Reilly & Associates Inc., represented the applicant. John explained the project as described in the Notice of Intent and site
plan .
Jim O'Connell, Coastal Geologist/Coastal Land -use Specialist of Coastal Advisory Services, joined the meeting to explain his geologic findings
of the property. He concluded that the dunes found on the property are regulatory coastal dunes and the homes are atop glacial sediment,
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Nick Crawford, Crawford Land Management, joined the meeting to explain the project as described in the Land Management Plan & Narrative
and Restoration Plan. Nick stated that if what is being proposed was implemented there would be 1 , 592 square feet of intact or restored buffer
zones on site, and only approximately 12% of buffer zones on site would have any sort of disturbance after the project would be implemented,
87. 5% of buffer zones would remain intact or restored, All trees over 8-inch in diameter will be left in place.
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Conservation Commission Meeting Minutes — July 13, 2021
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Commissioner Michael wonders if the property is an area of concern for dramatic erosion rates. Michael proposes an idea of moving the water
main, so the homes could be placed further back. He suggests having a 3rd party review, as this is a large and unique project to the
commission .
Bruce raises concerns for the number of trees being removed from the property and how it will affect wildlife , He requests a general idea for
how many trees will come down.
Commissioner Gary suggests It would be a good time to move the homes further back from the water and outside of the 100400t buffer zone,
Commissioner Casey and Michael raise concerns that the observation decks proposed are too large.
CA recommends moving the houses back and re-assessing the size of the decks (extended landing). CA recommends a 3rd party review for the
coastal review and landscaping plan. CA recommends Greg Berman for the coastal review and a consulting firm for the rest of the proposal
and the landscape plan .
Chris Miller states that typically the canopy of the tree resembles the root system. He expresses concerns for the health of trees and states that
the large oak trees are too close to the foundation of the proposed homes.
Mark Wilson, represented Ted Locks Association Corp, where a number of their members are abutting property owners. Mark raises concern
for the significant rates of erosion near the property, Mark expresses concerns for the landscaping plan, specifically the woodlands. The plan is
suggesting that too many trees will be cut for the project, to replace with native species primarily for the view. Mark believes new plantings will
provide far less support for the dune than the tress can provide , He doesn 't believe there is a need for two large observation decks. This plan
suggests the addition of two new garages with a bedroom above each. The entire project is a significant change to the area, as far as the
impact on the existing use of the beach and the woodland area due to the size of the homes and location . Construction will cause a significant
amount of traffic will have an impact on the wetland along Bonnie Doone Cartway,
Diane Petku, a member of Ted Locks Association raises concern for the proposed driveway. A lot of cutting will happen to put in the driveway.
John responds the driveway Is up to fire department standards.
List of documents discussed at this hearing:
a. 1 . M. O'Reilly & Associates Proposed Site Plan, 178 Bonnie Doone Cartway, 6/23/2021
b. Crawford' Land Management Restoration Plan, 178 Bonnie Doone Cartway, 6/23/2021
Commissioner Bruce Evans moves to continue the hearing for Attorney Benjamin Zehnder at 178 Bonnie Doone Cartway to July 27, 2021 ,
Commissioner Gary Kaser second . A roll call vote was taken , Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain- yes, Michael
Tobin — yes, The Commission was 5-Yes, 0- No.
Show Cause Hearings
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1 . Continued — Stephen Brown, 2628 Main Street, 78/14 ( 15/113 -2) Cutting and Clearing of vegetation within 25 feet of inland wetlands
Rescheduled Public Hearing
Stephen Brown represents himself in this show cause hearing , He explains the documentation that he has sent to the Town of Brewster.
Stephen denies cutting and/or clearing any trees within 25 feet of inland wetlands,
CA provides a recap of the enforcement order and further information on farming and wetland resource areas. CA refers to Chapter 2 of "A
Guide to Agriculture and the Massachusetts Wetlands Protection Act" regarding required documents, CA recommends for Stephen to submit a
Notice of Intent and get a Certified Site Plan which will delineate the wetlands on Brown's property. CA states that the Commission reserves
the right to amend the enforcement order and can follow-up with a date in which a Notice of Intent must be filed.
NR recommends, once the property has been delineated, to mark/flag wetland boundaries and property boundaries.
Commissioners Michael and Casey express that Stephen needs to have an approved farm plan to be exempt from certain activities, which still
does not include cutting or clearing within 25 feet of inland wetlands. Commissioners Michael, Casey, Gary and Bruce state that Stephen needs
to get a Certified Site Plan from a landscape architect or engineer. Seeing the delineation of the wetland will aid the Commission in
determining whether Stephen has or has not cut and cleared within 25 feet of inland wetlands, Commissioner Gary recommends for Stephen
to have another site visit with the CA,
Michael and Tory Jardus, abutters of 2628 Main Street, join the meeting . Michael and Tory Jardus express numerous concerns for Stephen not
following the rules and regulations of the Wetlands Protection Act, Tory Jardus wonders what actions can be taken to stop him from cutting
and clearing. Michael offers to pay for an engineer to delineate the property.
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Conservation Commission Meeting Minutes — July 13, 2021
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List of documents discussed at this hearing :
a. A Guide to Agriculture and the Massachusetts Wetlands Protection Act
b, Enforcement Letter Clearing , 2021
c. Fine Issued 6.9, 2021
Commissioner Bruce Evans moves to continue the Show Cause Hearing for Stephen Brown at 2628 Main Street to August 10, 2021 ,
Commissioner Gary Kaser second , A roll call vote was taken , Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain- yes, Michael
Tobin — yes. The Commission was 5 -Yes, 0- No.
2. Continued — 23 Dune Road LLC, 23 Dune Road, 79/30 (6/ 13) tree topping
John O' Reilly, J. M , O'Reilly & Associates Inc., represented the applicant, John would like to apologize on behalf of the owners. The owner has
engaged Wilkinson Ecological Associates to develop a restoration plan for the cutting , John informs the Commission that he plans to file a
Notice of Intent for the restoration work by the filing deadline for the September 28, 2021 Commission Meeting.
Commissioners had no further comments.
Commissioner Bruce Evans moves to close the Show Cause Hearing for 23 Dune Road LLC at 23 Dune Road. Commissioner Gary Kaser second ,
A roll call vote was taken . Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain- yes, Michael Tobin — yes. The Commission was
5 -Yes, 0- No.
3. Continued — Continued Vining, 32 Bantry Lane, 68/23 (5/233) cutting and clearing of vegetation within 50 and 100 feet of inland
wetlands
Tom Vining represented his mother who owns the property, He apologizes on behalf of her, They hired Ryder and Wilcox and are moving
forward with a survey and restoration plan .
Commissioners had no further comments,
Commissioner Bruce Evans moves to close the Show Cause Hearing for Vining at 32 Bantry Lane, Commissioner Gary Kaser second, A roll call
vote was taken. Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain - yes, Michael Tobin — yes, The Commission was 5 -Yes, 0-
No,
Enforcement Order Ratification
1 . Pellegrini & O' Donnell, 1139 Stony Brook Road, 47/2 (23/38), cutting and clearing vegetation within 50 feet of inland wetlands
CA contacted homeowner immediately after the cutting and clearing happened . Homeowner said they would file for a permit; however,
months have gone by and there has been no action . An enforcement order was given.
List of documents discussed at this hearing :
a , Enforcement Letter, 2021
Commissioner Bruce Evans moves to ratify the Enforcement Order for Pellegrini & O' Donnell at 1139 Stony Brook Road , Commissioner Gary
Kaser second . A roll call vote was taken. Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain- yes, Michael Tobin — yes , The
Commission was 5 -Yes, 0- No.
2 . Burns and Kaser, 56 Underpass Road, 78/ 116 (26/6) , cutting and clearing vegetation, grading and fill within 50 feet of inland
wetlands
CA refers to site photos, There has been cutting and clearing to expand the parking lot area on both the east and west side of the property.
They did not keep a 25 ft buffer zone between the parking area and the wetland. CA required the cutting and clearing to stop, and that erosion
control needs to be put in place,
John O' Reilly, J , M . O' Reilly & Associates Inc., represented the Brewster Veterinary Hospital. The cutting was a reaction to the hospital's need to
run their office outside in the parking lot, due to the pandemic. They are aware of the violation and have engaged John to develop a site
restoration plan.
Commissioner Michael confirms that erosion control has been put in place.
Commissioner Bruce Evans moves to ratify the Enforcement Order at 56 Underpass Road. Commissioner Gary Kaser second. A roll call vote was
taken , Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain - yes, Michael Tobin — yes. The Commission was 5 -Yes, 0- No.
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Requests for Extensions to Orders of Conditions
1 . Lee, SE 9 . 1726, 336 Robbins Hill Road, 38/77 (2/,3)
CA explained Town Counsel's Guidance to Governor Baker's COV/D- 19 Order No. 42, Chapter 53 of the Acts of 2020. The original date of
expiration for this permit was March 15, 2020, Due to Town Counsel Guidance, the updated expiration date was June 20, 2021 .
CA recommends for the commission to make no determination.
2 . Lee, SE 9 - 1727, 336 Robbins Hill Road, 38/77 (2/3)
CA explained Town Counsel's Guidance to Governor Baker's COWDT 19 Order No. 42, Chapter 53 of the Acts of 2020. The original date of
expiration for this permit was March 15, 2020. Due to Town Counsel Guidance, the updated expiration date was June 20, 2021 ,
CA recommends for the commission to make no determination.
3 . Ocean Edge Resort SE 9 - 17711 660 Villages Drive, 75/13 (33/95 -2)
CA stated that the department has not received any recording information. Commission is not able to extend the Order of Conditions without
recording information , CA explained Town Counsel's Guidance to Governor Baker's COV1D- 19 Order No. 42, Chapter 53 of the Acts of 2020,
The original date of expiration for this permit was July 9, 2021 , Due to Town Counsel Guidance, the updated expiration date is October 14,
2022,
CA recommends for the commission to make no determination.
Requests for Certificate of Compliance
1 . Pagos, SE 9 - 1334, 8 Marshview Lane, 127/ 14 ( 10/2044)
2. Pansire, SE 9- 1482, 72 Griffiths Pond Road, 54/11 (35/157 - 2)
The CA recommends that the projects as referenced above comply with the Order of Conditions, and to issue Certificates of Compliance.
List of documents discussed at this hearing ;
a. Order of Conditions. Construct House Septic Raised Walkway, 8 Marshview Lane. SE 9- 1334
b, Order of Conditions. Dock. 72 Griffiths Pond Road , SE 9- 1482, Diane Pansire, 12, 14. 2009
Commissioner Bruce Evans moves to issue Certificates of Compliance for Pagos at 8 Marshview Lane and for Pansire at 72 Griffiths Pond Road.
Commissioner Gary Kaser second . A roll call vote was taken, Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain- yes, Michael
Tobin — yes. The Commission was 5-Yes, 0- No.
Requests for Minor Change
1 . Friends of Elbow Pond, SE 9 - 1826, Elbow Pond, NA/NA
John Keith, an environmental engineer and Tactical Leader for the Friends of Elbow Pond joined the meeting . He explained that Elbow Pond
was recently approved for macrophyte harvesting using equipment owned by the Town of Brewster. The pond's overall water quality has
improved; however, the phosphorus levels have not improved .
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Commissioner Michael found that the number of times a pond needs to be harvested primarily depends on size of the pond, location,
sediment levels, agricultural factors, environmental factors, etc,
Chris Miller recommends the Friends of Elbow Pond to file for an extension to the Order of Conditions.
Commissioner Bruce Evans moves to approve the request for minor change for Friends of Elbow Pond , Commissioner Gary Kaser second. A roll
call vote was taken. Bruce Evans- yes, Gary Kaser — yes, Greg Scalise - yes, Casey Chatelain- yes, Michael Tobin — yes. The Commission was 5-
Yes, 0- No.
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Conservation Commission Meeting Minutes — July 13, 2021
Requests for Administrative Review
1 . Nagar, 740 Lower Road, Shed Construction
2. Canoe Pond Association, Communal Path to Upper Mill Pond — Tree Removal
I Town of Brewster DPW, Long Pond Boat Ramp — Tree removals and liming
CA recommends approving the above referenced requests for Administrative Review,
Commissioner Bruce Evans moves to approve the Administrative Review requests for for Nagar at 740 Lower Road, Canoe Pond Association at
Communal Path to Upper Mill Pond, and Town of Brewster DPW at Long Pond Boat Ramp. Commissioner Gary Kaser second . A roll call vote
was taken . Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain- yes, Michael Tobin — yes, The Commission was 5-Yes, 0- No,
Report of the Natural Resources Director
The Natural Resources Director has no report at this time,
Report of the Conservation Administrator
The Conservation Administrator has no report at this time
Review and Approval of Minutes
1 . May 11 , 2021
2. June 8, 2021
Commissioner Bruce Evans moves to approve the minutes for May 11 , 2021 and June 8, 2021 . Commissioner Gary Kaser second. A roll call vote
was taken. Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain- yes, Michael Tobin — yes, The Commission was 5-Yes, 0- No.
Adjourn the Meeting
Commissioner Bruce Evans moves to adjourn the meeting. Commissioner Gary Kaser second. A roll call vote was taken. Bruce Evans- yes, Gary
Kaser — yes, Greg Scalise- yes, Casey Chatelain - yes, Michael Tobin — yes. The Commission was 5-Yes, 0- No.
Meeting adjourned at 9; 10 P. M ,
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