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Home My Public Portal AboutConservation Commission -- 2021-07-27 Minutes � �� F WSJ" �� • • • . ' o�LDEhe �9 ' Town of Brewster Conservation Commission j� $ , 1P 04 �. -0 1657 Main St., Brewster, MA 02631 Q ISL ` , 9 conservation@brewstermma . gov o (508) 896 -4546 \�/ � �NCpnppnpSE0 l MEETING MINUTES Remote Participation Only- July 27, 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, The meeting may be viewed by, Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.00v), Michael Tobin or Video recording (tv. brewster-ma.gov). Chairman Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Gary Kaser, Greg Scalise, Peter Wells Casey Chatelain Commissioners Absent: N/A Vice Chair Person Staff Present: Noelle Aguiar (CA), Chris Miller (NR) Commissioners Notices of Intent Bruce Evans Gary Kaser 1 . Continued - James and Charlotte Newman propose to remodel an existing dwelling in place, on and within 50 Greg Scalise feet of Coastal Wetlands, on 1 Carver Road, 50/33 (3/ 15) . Peter Wells CA recommends approving the final Order of Conditions. Staff List of documents discussed during this hearing ; Chris Miller, a. Newman SE 91111892 Order of Conditions Natural Resources Director Commissioner Bruce Evans moves to approve the final Order of Conditions for James and Charlotte Newman at 1 Carver Road. Commissioner Gary Kaser second , A roll call vote was taken , Bruce Evans- yes, Gary Kaser — yes, Greg Noelle Aguiar, Scalise- yes, Casey Chatelain - yes, Michael Tobin — yes. The Commission was 5-Yes, 0- No. Conservation 2 , Continued - Attorney Benjamin Zehnder proposes to remodel one cottage in place, remove three cottages Administrator 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) . Andreana Sideris, Assistant to CA recommends continuing the hearing to August 10, 2021 . Natural Resources Director and Commissioner Bruce Evans moves to continue the hearing for Attorney Benjamin Zehnder at 178 Bonnie Doone Conservation Cartway to August 10, 2021 . Commissioner Gary Kaser second , A roll call vote was taken . Bruce Evans- yes, Administrator Gary Kaser — yes, Greg Scalise - yes, Casey Chatelain- yes, Michael Tobin — yes. The Commission was 5 -Yes, 0- No. 3 ; Walter Harris proposes to construct a roll- out walkway, storage shed, and kayak rack, on Coastal and Inland i Wetlands, on 19 Muskrat Lane, 103/9 (9/3) : CA states the applicant needs to notify abutters via certified 'mail. Recommends to continue the hearing to August 10, 2021 , Commissioner Bruce Evans moves to continue the hearing for Walter Harris at 19 Muskrat Lane 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, i Show Cause Hearings i 1 . Pellegrini & O' Donnell, 1139 Stony Brook Road, 47/2 (23/38), cutting and clearing vegetation within 50 feet of inland wetlands Mark Pelligrini represents himself. Mark apologizes for cutting knotweed and planting rhodendron bushes within 50 feet of a wetland without a permit. 1 � 3 i } I 1 i i i Commissioners Michael, Casey, and Gary are in agreement that Mark should file a permit for the work that has already been done, and a permit that will allow him to continue trimming the Japanese Knotweed in his yard , CA recommends for Mark to apply for a Notice of Intent with the work that has already been done. List of documents discussed during this hearing : a. Enforcement Order, 1139 Stony Brook Road , 2021 , Commissioner Bruce Evans moves to continue the hearing for Pellegrini and O' Donnell at 1139 Stony Brook Road to a date uncertain . 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, *After experiencing technical difficulties from before the start of the meeting, Peter Wellsjoins the meeting at 6: 15 PM . 2 . Burns and Kaser, 56 Underpass Road, 78/116 (26/6) , cutting and clearing vegetation, grading and fill within 50 feet of inland wetlands John O' Reilly, J. M , O' Reilly & Associates, Inc, represented Brewster Veterinary Hospital. John states they are in process of submitting a Notice of Intent for the restoration work, a new septic system and one or two small additions to the building. List of documents discussed during this hearing : a , Enforcement Order, 56 Underpass Road , 2021 , Commissioner Bruce Evans moves to continue the hearing for Burns and Kaser at 56 Underpass Road to a date uncertain . Commissioner Gary Kaser second. A roll call vote was taken , Bruce Evans- yes, Gary Kaser — yes, Greg Scalise - yes, Casey Chatelain - yes, Peter Wells- yes, Michael Tobin — yes. The Commission was 5 -Yes, 0- No, 3, Follow• Up Hearing. - Wiley, 65 Damon Road, 53/22 (35/78) Clearing Within SO feet of Inland Wetlands Jennifer Wiley represented herself. Jennifer states that she would like to add enhancement plantings, CA recommends submitting a Notice of Intent for the work that has already been done, and work with a landscape architect to get a revegetation plan to re-establish what was previously there. CA suggests for Jennifer to get an updated site plan . List of documents discussed during this hearing : a. Amended Enforcement Order, 65 Damon Road Commissioner Bruce Evans moves to continue the hearing for Wiley at 65 Damon Road to a date uncertain . Commissioner Gary Kaser second, A roll call vote was taken , Bruce Evans- yes, Gary Kaser — yes, Greg Scalise- yes, Casey Chatelain- yes, Peter Wells- yes, Michael Tobin — yes, The Commission was 5 -Yes, 0- No. 4. Follow- Up Hearing - Karam, 330 Main Street, 15/20 (21 /30- 19) , construction of addition, retaining walls and patios, vegetation clearing within 50 and 100 feet of inland wetlands David Karam represented himself, David has not yet heard back from J .C. Ellis Design on when the site plan will be completed , Commissioner Michael would like to see an engineered plan before the commission can determine what structures may or may not be permitted . Michael reminds the property owner that the outstanding fines need to be paid. Leigh Poltrock, abutting property owner, joined the meeting . Leigh explains that an area of her land has been cleared by David Karam. Leigh has engaged a surveyor to work out property lines, and she is requesting remediation for what has been removed from her land . CA reviewed the Statement of Facts for Enforcement and Fines for Violations at 330 Main Street. CA explains that a permit may be permitted for a second property with the property owners' permission , CA requests the survey to include the remaining stumps to help determine what is needed for restoration . CA reminds Karam that all activity within a 100 ft area of a wetland needs to cease and desist until the enforcement order is satisfied. Commissioner Bruce Evans moves to continue the hearing for Karam at 330 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, Peter Wells- yes, Michael Tobin — yes, The Commission was 5-Yes, 0- No. 2 Conservation Commission Meeting Minutes — July 27, 2021 Request for Extensions to Orders of Condtion 1 . Edmonson, SE 9- 14951 51 Captain Dunbar Road, 91 /41 (7/16) - resign CA states the property owner is selling the property and Is requesting the commission to resign a permit for the Registry of Deeds. Request for Minor Change 1 . Ocean Edge, SE 9 - 1805, OEII, relocation of beach grass CA explains the Request for Minor Change as stated in the Minor Change request from Ocean Edge, Chris Miller suggests that the dune may be migrating seaward . He recommends for CA to conduct a site visit to determine if the Request for Minor Change would cause alteration of the dune. List of documents discussed during this hearing : a. Minor Mod OE II SE 9- 1805 July 2021 Commissioner Michael to make no determination. Request for Administrative Review 1 . Martin, 45 Elbow Pond Drive, resurfacing front walkway and patio CA explained the project as described in the Administrative Review Form . Recommends approving the administrative review. List of documents discussed during this hearing : a. Administrative Review Application. Resurfacing walkway and patio, 7.27. 2021 Commissioner Bruce Evans moves to to approve the administrative review for Martin at 45 Elbow Pond Drive, Commissioner Gary Kaser second. A roll call vote was taken . Bruce Evans- yes, Gary Kaser — yes, Greg Scalise - yes, Casey Chatelain- yes, Peter Wells- yes, Michael Tobin — yes. The Commission was 5 -Yes, 0- No, Citizens' Forum Peter Wells apologizes for attending the meeting late, due to technical difficulties, Bruce Evans shows appreciation and recognition for Carol Spade, Report of the Natural Resources Director The Department has been having a busy summer so far, there are various projects being worked on throughout the summer. Report of the Conservation Administrator 3673 Main Street, enforcement for a deck within 100 ft buffer, has engaged John O' Reilly and will be following up with a Notice of Intent. Appreciation and Recognition of Carol Spade Chris Miller announces that Carol Spade, Administrative Assistant for the Department of Natural Resources and Conservation, will be retiring after 35 years of working for the Town of Brewster. Adjourn the Meeting Commissioner Bruce Evans moves to 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, Peter Wells- yes, Michael Tobin — yes. The Commission was 5 -Yes, 0- No. Meeting adjourned at 6: 52 P. M , 3 Conservation Commission Meeting Minutes — July 27, 2021