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Home My Public Portal AboutConservation Commission -- 2021-08-10 Minutes Town of Brewster Conservation Commission DEae9m 1657 Main St., Brewster, MA 02631 2 Q .. conservation@brewster- ma . gov ;. ; l o � ° < cn (508) 896 - 4546 W MEETING MINUTES 40onvonnsE0 ��' Remote Participation Only PCs riP �� %� August 10, 2021 6:00 PM This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021 . No in-person meeting attendance Conservation will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town Commission website as soon as possible. The meeting may be viewed by: Live broadcast /Brewster Government TV Channel 18), Livestream (Hvestream brewster- ma aov), Michael Tobin or Video recording (tybrewster- ma aov). Chairman Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Greg Scalise Commissioners Absent: Gary Kaser, Peter Wells Casey Chatelain Staff Present: Noelle Aguiar (CA), Chris Miller (NR) Vice Chair Person Commissioners Call to Order Bruce Evans Meeting Declaration of Participation Statement Gary Kaser Greg Scalise Requests for Determination of Applicability Peter Wells 1 . William Todd proposes to install snow fencing in Coastal Wetlands, on 183 Cemetery Road, 50/14 (3/10).g NR describes the project as detailed in the application . This property has had a snow fence off and on since around Staff 1968. The fence was taken out by Storm Riley in 2018 and the applicant wants to replace the fencing . Chris Miller, Natural Resources CA raisies concerns for cutting of cherrytrees within jurisdiction, and a new site plan and permit will be needed for Director stair replacement. CA recommends a Negative 2 and Negative 6 with the condition of a site visit prior to work, photos prior to and following project activities, and cessation of any vegetation cutting activities without a permit. Noelle Aguiar, Conservation List of documents discussed during this hearing : Administrator a . Request for Determination on Applicability. Snow Fencing . 183 Cemetery Road . Andreana Sideris, Commissioner Bruce Evans moves to make a determination of Negative 2 and Negative 6 with the conditions that CA Assistant to has stated in the case of William Todd at 183 Cemetery Road , Commissioner Casey Chatelain second . A roll call vote Natural Resources was taken , Bruce Evans- yes, Casey Chatelain- yes, Greg Scalise - yes, Michael Tobin - yes. The Commission was 4-Yes, Director and 0- No . Conservation Administrator 2 . 1 C Donald Company, Inc. proposes to construct a single family dwelling with garage, porch, driveway, septic system, and underground utilities, within 100 feet of Inland Wetlands, on Lot 2A Snow Road, 76/72 Stephanie joins the meeting to represent 1 C Donald Company, Inc. Commissioner Michael announces that the Commission can not vote tonight because there is no quorum . Commissioner Bruce Evans moved to continue the hearing for J C Donald Company, Inc, at 2A Snow Road to August 24, 2021 . Commissioner Casey Chatelain second . A roll call vote was taken . Bruce Evans- yes, Casey Chatelain - yes, Greg Scalise- yes, Michael Tobin - yes . The Commission was 4-Yes, 0-No. Notices of Intent 1 . Vicki Staniar proposed to construct a sand drift fence and conduct nourishment activities in Coastal Wetlands, on 64 Swift Lane, 69/93 (5/142) Robert Perryjoined the meeting to represent Vicki Staniar. Robert described the project as contained in the Notice of Intent, site plan and project narrative. The goal of the project is to increase the height and volume of the dune. 1 List of documents discussed during this hearing : a . Notice of Intent. Sand Fencing and Nourishment. 64 Swift Lane. Commissioner Bruce Evans moved to continue the hearing for Vicki Staniar at 64 Swift Lane to August 24, 2021 to draft an Order of Conditions . Commissioner Casey Chatelain second . A roll call vote was taken , Bruce Evans- yes, Casey Chatelain- yes, Greg Scalise- yes, Michael Tobin - yes. The Commission was 4-Yes, 0- No. 2 . Continued - 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, J . M . O' Reilly & Associates, Inc, represented Attorney Benjamin Zehnder, John described the project as detailed in the re- evaluated preliminary plan . John noted the plan proposes 4,600 sq ft less structure within the 50- 100 foot buffer zone. The updated land management plan will be shown at the next commission meeting , Commissioner Michael recommends for Jim O'Connell and John O' Reilly to speak with Greg Berman . CA reports a site visit with Greg Berman, she anticipates receiving a final report by August 24, 2021 , Woods Hole Group submitted a proposal, received on August 2, 2021 . CA requests a fine -tune delineation for the far right cottages to determine if they are above glacial sedminent or part of the dune. Mark Wilson, a member of Ted Lock Association Corp „ representing a number of abutters within the Corp. Mark requests for a current conditions landscape plan, to compare to what is proposed . Mark raises concern for the observation decks. Mark thanks the commission and looks forward to the next meeting . List of documents discussed during this hearing : a. Proposed Site Plan — revised 8-2-2021 showing potential vistas b. NOI. 178 Bonnie Doone Cartway, 2021 Commissioner Bruce Evans moved to continue the hearing for Attorney Benjamin Zehnder at 178 Bonnie Doone Cartway to August 24, 2021 . Commissioner Casey Chatelain second . A roll call vote was taken . Bruce Evans- yes, Casey Chatelain- yes, Greg Scalise- yes, Michael Tobin - yes. The Commission was 4-Yes, 0-No . 3 . Continued - Walter Harris proposes to construct a roll - out walkway, storage shed, and kayak rack, on Coastal and Inland Wetlands, on 19 Muskrat Lane, 103/9 (9/3) . Commissioner Michael confirms with CA that the hearing is to be continued . Commissioner Bruce Evans moved to continue the hearing for Walter Harris at 19 Muskrat Lane to August 24, 2021 , Commissioner Casey Chatelain second . A roll call vote was taken . Bruce Evans- yes, Casey Chatelain - yes, Greg Scalise - yes, Michael Tobin - yes. The Commission was 4-Yes, 0 - No. 4. Continued - 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) . Dave Bennett, Dave Bennett Environmental Associates, represented the applicants. Dave received a letter back from the Natural Heritage and Endangered Species Program (NHESP). The project will not have an adverse effect on the specified habitat sites within the resource area . Dave addressed the commission's concern for platform size and explained the changes as seen in the revised site plan . Commissioner Michael suggests an alternative - path to the pond and then a dock. Commissioner Casey states that an elevated walkway wouldn't significantly help erosion at this site, Commissioner Greg says that he would accept an elevated walkway with enough mitigation. Commissioners raise concern for the walkway, as proposed, is too wide and does not follow Brewster's Bylaws. CA reminds the applicants that under Brewster Wetlands Bylaw: no dock shall exceed an overall width of 4 feet, docks shall not exceed 100 sq ft, and all seasonal components shall be stored and secured at an approved upland site, As the project is proposed currently, the structures produce a total size of 193 sq ft and the dock includes a 10 ft wide portion . CA suggests using the pre -exisitng public path which abuts the property. 2 Conservation Commission Meeting Minutes — August 10, 2021 NR comments that if you can not reach the water with 25 feet, than it may not be a suitable location for a dock. - Applicants Carmine Cutone and Christine Harveyjoined the meeting . Carmine expresses his gratitude for the commission . Carmine states that he would prefer a foot path and he is open to modifying the size of the dock. List of documents discussed during this hearing : a . NOI. 80 Mill Pond Drive. 2021 b. NHESP Feedback. 7 . 28. 21 Commissioner Bruce Evans moved to continue the hearing for Carmine Cutone and Christine Harvey at 80 Mill Pond Drive to August 24, 2021 . Commissioner Casey Chatelain second . A roll call vote was taken . Bruce Evans- yes, Casey Chatelain- yes, Greg Scalise- yes, Michael Tobin - yes . The Commission was 4 -Yes, 0- No. S. Continued - Ashwin Gollerkeri, Gollerkeri Living Trust, proposes to construct a pation within 51 feet of Coastal Wetlands, on 130 Hillbourne Terrace, 115/27 (9/19 - 19) . CA states the applicants are required to submit an assessment of vegetation impacted by illegal cutting for restoration within 50 foot buffer to wetlands. No new information has been submitted, so CA recommends continuing the hearing . Commissioner Bruce Evans moved to continue the hearing for Ashwin Gollerkeri of Gollerkeri Living Trust to August 24, 2021 . Commissioner Casey Chatelain second . A roll call vote was taken . Bruce Evans - yes, Casey Chatelain - yes, Greg Scalise- yes, Michael Tobin - yes. The Commission was 4 -Yes, 0- No . Enforcement Order Ratification 1 . Sand Dune Realty Trust, 10 Nancy May Path, 91 /14-798 (7/ 11 - 1 ), Placement of gravel fill, stone steps, and plastic grass within Coastal Resource Areas - violation of Orders of Conditions SE 9 - 1550 CA describes the violations as detailed in the enforcement letter. CA emphasizes the unpermitted gravel fill, stone steps, plastic grass, and chairs shall be removed from the mitigation planting areas. List of documents discussed during this hearing : a . Enforcement Order, 10 Nancy May Path. 2021 Commissioner Bruce Evans moved to ratify the enforcement order for Sand Dune Realty Trust at 10 Nancy May Path, Commissioner Casey Chatelain second . A roll call vote was taken . Bruce Evans- yes, Casey Chatelain - yes, Greg Scalise- yes, Michael Tobin- yes. The Commission was 4 -Yes, 0- No. Show Cause Hearing 1 . Continued - Brown, 2628 Main Street, 78/ 14 (15/113 -2) Cutting and Clearing of vegetation within 25 feet of inland wetlands Stephen Brown represented himself at the meeting . Stephen is trying to find a surveyor to delineate his property. Commissioner Michael reminds Stephen a site plan is required before he can move forward with a Notice of Intent. CA described the site visit. CA specifies that the site plan needs to be completed by a land surveyor, landscape architect, or an engineer which clearly shows property boundaries and locations of wetlands, as well as 50 ft and 100 ft buffers. Commissioner Bruce Evans moved to continue the hearing for Stephen Brown at 2628 Main Street to September 28, 2021 , Commissioner Casey Chatelain second . A roll call vote was taken . Bruce Evans- yes, Casey Chatelain - yes, Greg Scalise - yes, Michael Tobin - yes. The Commission was 4-Yes, 0- No , 3 Conservation Commission Meeting Minutes — August 10, 2021 2. Continued - 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 CA states David Karam visited the Conservation Department office, Davis is working with Ellis, a sanitarian, to complete the site plan for his property noting the property boundaries and areas of alteration . CA states that the department received correspondence with a neighbor stating that Dig It machinery has been used on the property. CA plans to reach out to Town Council to issue another Cease & Desist letter to David . List of documents discussed during this hearing : a . Email from Dig It in Relation to Machinery. 8 ,9 . 2021 b . Site Photo , Dig It Machinery. 8.8. 2021 C, Submitted Site Photo. Machinery Operating at Night Within Jurisdiction. 7 .26. 2021 Commissioner Bruce Evans moves to continue the hearing for Karam at 330 Main Street to August 24, 2021 . Commissioner Casey Chatelain second . A roll call vote was taken . Bruce Evans- yes, Casey Chatelain - yes, Greg Scalise- yes, Michael Tobin - yes. The Commission was 4 -Yes, 0- No. Administrative Reviews 1 . Smith, 18 Muskrat Lane, flush cutting three choke cherry trees along driveway CA describes the administrative review as detailed in the application . CA recommends approval List of documents discussed during this hearing : a . Administrative Review Application . 3 Trees Removed , 8. 10. 2021 Commissioner Bruce Evans moves to approve the administrative review for Smith at 18 Muskrat Lane. Commissioner Casey Chatelain second . A roll call vote was taken . Bruce Evans- yes, Casey Chatelain- yes, Greg Scalise - yes, Michael Tobin - yes. The Commission was 4-Yes, 0- No . Citizens' Forum Commissioner Greg Scalise raises awareness for the citizens' petition was legal for hunting in specified areas. NR states that they have requested an extension to review, no new information. Attorney General is still reviewing . Commissioner Greg announces that he is stepping down from the commission . NR states he needs to submit a form or letter to step down from the commission Report of Natural Resources Director NR has no report at this time , Report of the Conservation Administrator CA has no report at this time. Adjourn the Meeting Commissioner Bruce Evans moves to to adjourn the meeting . Commissioner Casey Chatelain second . A roll call vote was taken . Bruce Evans- yes, Casey Chatelain - yes, Greg Scalise- yes, Michael Tobin- yes. The Commission was 4 -Yes, 0- No. Meeting adjourned at 7:42 P. M . 4 Conservation Commission Meeting Minutes — August 10, 2021