HomeMy Public PortalAboutConservation Commission -- 2021-08-24 Minutes T % Town of Brewster Conservation Commission
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MEETING MINUTES „ t ,
Remote Participation Only
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August 24, 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 (iivestreain brewster- ma , ov),
or Video recording tv. brewster- ma , ov ..
Michael Tobin
Chairman Commissioners Present: Casey Chatelain, Bruce Evans, Greg Scalise, Peter Wells
Commissioners Absent: Michael Tobin, Gary Kaser
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 Certificate of Compliance
Peter Wells
1 . J . Thaddeus Eldredge, removal of invasive species, footpath, kayak rack, 36 Cahoon Road, 93/64 (47/69 - 1 )
Staff Conservation Administrator recommends approving the certificate of compliance.
Chris Miller, List of documents discussed during this hearing :
Natural Resources a . Request for Certificate of Compliance . Remove Invasives Plant Natives. 36 Cahoon Road . SE 9 - 1502.
Director b. Site Photos. COC Application . 8, 17.2021
Noelle Aguiar, Commissioner Bruce Evans moves to approve the Certificate of Compliance for J . Thaddeus Eldredge at 36 Cahoon
Conservation Road . Commissioner Peter Wells second , A roll call vote was taken . Bruce Evans- yes, Greg Scalise- yes, Peter Wells-
Administrator yes, Casey Chatelain - yes. The Commission was 4 -Yes, 0- No .
Andreana Sideris,
Assistant to Request for Determination of Applicability
Natural Resources
Director and 1 . Continued - J C Donald Company, Inc. proposes to construct a single family dwelling with garage, porch,
Conservation driveway, septic system, and underground utilities, within 100 feet of Inland Wetlands, on Lot 2A Snow Road,
76/72
Administrator
Stephanie Sequin, P. E. for Ryder & Wilcox, represented the applicant. Sephanie described the project as detailed in
the RDA and site plan . Stephanie specifies 240 sq ft of work will be done within the 100 foot buffer. All disturbed
areas will be stabilized and revegetated upon completion of construction .
CA recommends a Negative 3 and Negative 6 determination with the special conditions of: a site visit prior to the
work, photos prior to and following project activities, and restoration plantings need to be maintained for 3 years.
List of documents discussed during this hearing :
a . 1C Donald Company. Dwelling . Determination of Applicability
b. Lot 2A Site Plan Rev 8- 17-2021
C, Submitted Site Photo. Original Barn . 8. 10. 2021
d . Submitted Site Photos. Erosion Controls in Place. 8 , 11 .2021
Commissioner Bruce Evans moves to make a determination of Negative 3 and Negative 6 work to occur within the
buffer zone but will not alter the area subject to protection in the case of J C Donald Company at Lot 2A Snow Road ,
Commissioner Peter Wells second . A roll call vote was taken. Bruce Evans- yes, Peter Wells - yes, Greg Scalise - yes,
Casey Chatelain - yes. The Commission was 4-Yes, 0- No , Motion passes .
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Notices of Intent
1 . Edward Tateosian proposes to enlarge an existing deck, replace existing wooden access stairs, and make repairs to an existing
driveway and parking area within 50 and 100 feet of Inland Wetlands, on 22 Gulls Way, 62/18 (40/19-3) .
CA states that the applicant requests a continuance to September 14, 2021 in order to properly notice abutters.
Commissioner Bruce Evans move to continue the hearing for Edward Tateosian at 22 Gulls Way to September 14, 2021 . Commissioner Peter
Wells second . A roll call vote was taken . Bruce Evans- yes, Peter Wells- yes, Greg Scalise- yes, Casey Chatelain - yes. The Commission was 4 -Yes,
0 - No . Motion continued .
2 . Barbara Carver proposes creating a vista corridor and the installation of in -ground timbers along an existing footpath within 50 feet
of Inland Wetlands, on 63 Bates Lane, 68/31 (5/231 ).
Theresa Spragus with Blue Flax design represents the applicant. Theresa describes the project as detailed in the Notice of Intent and site plan .
Theresa is also proposing to maintain the existing vista with pruning and vegetation management practices, 10% of the canopy within the
buffer zone.
Commissioners Casey and Bruce raise concern for the cutting of pitch pine branches if the tree is not on the property. With abutting
landowners permission, you can remove lower limbs of tree that is overhanging on to Carvers property.
Commissioners Greg and Peter approve of the path, and would like a revised drawing that includes the updated vista corridors .
CA states that we can not issue a permit for another property without property owner's permission . CA recommends working with vegetation
and cutting less. According to the state wetlands act - only 10% canopy cover can be removed . Theresa agrees with CA comments and will
modify the plant to provide 3 small vista corridors versus one large vista corridor.
Penny Carver, the applicants, join the meeting . There will be no cutting on property other than their own . The view corridor will not be 150 feet
wide. Express thanks to the commission .
List of documents discussed during this hearing :
a . NOI. Vista Cutting . 63 Bates Lane. 2021
b . Site Photos. NOI Application . 8. 17.2021
Commissioner Bruce Evans moves to continue the hearing for Barbara Carver at 63 Bates Lane to make some changes to the plan and draft an
Order of Conditions. Commissioner Peter Wells second . A roll call vote was taken . Bruce Evans - yes, Greg Scalise - yes, Peter Wells- yes, Casey
Chatelain - yes , The Commission was 4 -Yes, O- No .
3 . Continued - Vicki Staniar proposed to construct a sand drift fence and conduct nourishment activities in Coastal Wetlands, on 64
Swift Lane, 69/93 (5/142)
Commissioner Casey state the Commissioners received draft Orders of Conditions, no issues found .
List of documents discussed during this hearing :
a . Draft Orders of Conditions. Sturdy Sand and Snow Fence. Beach Nourishment, 2021
Commissioner Bruce Evans moves to approve the Order of Conditions for Vicki S? at 64 Swift Lane, Commissioner Peter Wells second , A roll
call vote was taken , Bruce Evans - yes, Greg Scalise- yes, Peter Wells- yes, Casey Chatelain - yes . The Commission was 4-Yes, 0- No.
4. 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) .
Commissioner Casey states that the Commission does not have a quorum to vote on this hearing tonight.
Commissioner Bruce Evans moves to continue the meeting for Attorney Benjamin Zehnder at 178 Bonnie Doone Cartway to September 14,
2021 .Commissioner Peter Wells second . A roll call vote was taken . Bruce Evans- yes, Greg Scalise - yes, Peter Wells- yes, Casey Chatelain - yes.
The Commission was 4-Yes, 0- No.
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Conservation Commission Meeting Minutes — August 24, 2021
S. 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) .
CA states the applicant is requesting a continuance to September 14, 2021 .
Commissioner Bruce Evans moves to continue the hearing for Walter Harris at 19 Muskrat Lane to September 14, 2021 . Commissioner Peter
Wells second . A roll call vote was taken , Bruce Evans- yes, Greg Scalise- yes, Peter Wells- yes, Casey Chatelain - yes. The Commission was 4 -Yes,
0- No.
6. 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) .
Commissioner Casey states that the Commission does not have a quorum to vote on this hearing tonight.
Commissioner Bruce Evans moves to continue the hearing for Carmine Cutone and Christine Harvey at 80 Mill Pond Drive to September 14,
2021 . Commissioner Peter Wells second , A roll call vote was taken . Bruce Evans- yes, Greg Scalise - yes, Peter Wells- yes, Casey Chatelain - yes.
The Commission was 4-Yes, 0- No.
7. Continued - Ashwin Gollerkeri, Gollerkeri Living Trust, proposes to construct a patio within 51 feet of Coastal Wetlands, on 130
Hillbourne Terrace, 115/27 (9/1919) .
Craig Ferrari, Down Cape Engineering, joins meeting to represent the applicant. They have engaged Crawford Land Management to create a
Land Management Plan ,
Angela Tanner, Crawford Land Management, joins the meeting to explain the landscape plan as detailed in the Land Management Plan ,
Commissioner Casey requests the number of Oaks that are propsed to be cut so commission canfapprove or deny mitigation .
CA requests a specific number of trees that will be removed and what is proposed to replace them . CA requests heights to be maintained
within vista corridor.
List of documents discussed during this hearing :
a . 20-406 Goyal Site Plan rev 3 - 13 -21
b . 130_Hillbourne_Ter_Restoration_Plan -2021 -08- 13 -Issued
Commissioner Bruce Evans moves to continue the hearing for Ashwin Gollerkeri at 130 Hillbourne Terrace to September 14, 2021 to update
information . Commissioner Peter Wells second . A roll call vote was taken . Bruce Evans- yes, Greg Scalise- yes, Peter Wells- yes, Casey
Chatelain - yes. The Commission was 4-Yes, 0- No.
Determination of Show Cause Hearings
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 will send property owners a reminder to attend the show cause hearing .
Commissioner Bruce Evans moves to continue the Show Cause Hearing for Sand Dune Realty Trust at 10 Nancy May Path to September 14,
2021 . Commissioner Peter Wells second . A roll call vote was taken . Bruce Evans- yes, Greg Scalise- yes, Peter Wells- yes, Casey Chatelain - yes.
The Commission was 4-Yes, 0- No .
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 suggests notifying Town Council of the Show Cause Hearing for Karam .
Leigh, abutting property owner, suggests there may be some confusion on what Karam is required to do to satisfy the Enforcement Order.
Leigh supports the suggestion to move the show cause hearing to Town Council ,
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Conservation Commission Meeting Minutes — August 24, 2021
Commissioner Bruce Evans moves to continue the Show Cause Hearing for David Karam at 330 Main Street to September 14, 2021 .
Commissioner Peter Wells second . A roll call vote was taken . Bruce Evans- yes, Greg Scalise - yes, Peter Wells - yes, Casey Chatelain - yes. The
Commission was 4-Yes, 0- No .
Administrative Review
1 . Town of Brewster proposes to flush cut four trees within 50 feet of wetlands, on 1657 Main Street, 56/6 (24/13)
Chris Miller, Brewster Natural Resources Director, represents the applicant. Chris explains that a Department of Public Works tree expert
looked at the trees and concluded they are in poor health and recommends removal . If the trees were to fall, they are located near the leech
field and could damage the septic system ,
Commissioner Bruce Evans moves to approve the Administrative Review request for the Town of Brewster at 1657 Main Street, Commissioner
Peter Wells second . A roll call vote was taken , Bruce Evans - yes, Greg Scalise- yes, Peter Wells- yes, Casey Chatelain - yes. The Commission was
4-Yes, 0- No.
Citizens' Forum
No citizens' forum at this time.
Report of the Natural Resources Directior
We are 30 days away from special town meeting . Recommends reviewing website or video discussion on the potential acquisition of the Sea
Camps property.
Report of the Conservation Administrator
New homeowners in town please reach out to the Town of Brewster if you are thinking of buying a home on or near a wetland .
Motion to Adjourn
Commissioner Bruce Evans moves to adjourn the meeting . A roll call vote was taken . Bruce Evans - yes, Greg Scalise - yes, Peter Wells- yes,
Casey Chatelain - yes. The Commission was 4-Yes, 0- No.
Meeting adjorned at 6: 59 P. M .
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Conservation Commission Meeting Minutes — August 24, 2021