HomeMy Public PortalAboutConservation Commission -- 2021-09-14 Minutes \\\ tE W 's
TF - r Town of Brewster Conservation Commission
p� �`DERe9F, 9 1657 Main St., Brewster, MA 02631
*0�.; conservation@brewstermma .gov
X
Cn ( 508) 896 - 4546
r ', ` 1= y 1 ,
MEETING MINUTES ;
�ti�oaPOeas�o Remote Participation Only "
s
"�% .� <'� n�i��t Qui %p0UeE��jSeptember 14, 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 (livestream. brewster- maw),
or Video recording (ty Brewster- rna . ov .
Michael Tobin
Chairman Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Gary Kaser, Peter Wells
Commissioners Absent: N/A
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
Peter Wells Request for Determination of Applicability
1 . Norman Sylvia requests determinations as to whether the area — buffer zone to inland wetlands, and the work
Staff — removal of existing leach pit and septic tank to be replaced with a new septic tank, distribution box, and soil
Chris Miller, absorption system - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is
Natural Resources on 268 Slough Road, 11 /11 (38/104) .
Director Mike Ball, Marsh Matters Environmental represents the applicant. Mike described the Request for Determination and
Applicability as shown in the application and site plan .
Noelle Aguiar,
Conservation CA states there is a large unpermitted stone patio within the 50 ft buffer. CA recommends removal of unpermitted
Administrator stone patio . CA recommends approval of the septic system upgrade under the determination of Negative 3 and
Negative 6: work to occur within the Buffer Zone but will not alter the Area Subject to Protection.
Andreana Sideris,
Assistant to List of documents discussed during this hearing :
Natural Resources a . RDA. 268 Slough Road
Director and b . Site Photos, Septic Upgrade, 9. 13 .2021
Conservation
Administrator Commissioner Bruce Evans moves to make a determination of Negative 3 and Negative 6 in the RDA for Norman
Silvia at 26 Slough Road . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans- yes, Gary Kaser-
yes, Casey Chatelain- yes, Peter Wells - yes, Michael Tobin - yes. The Commission was 5 -Yes, 0- No .
2 . 23 Dune Road LLC requests determinations as to whether the area — buffer zone to coastal wetlands, and the
work — minor remodeling of an existing dwelling to include reconfiguration of access points, conversion of
porch to an interior space, and conversion of an existing patio into a porch - are subject to the Wetlands
Protection Act and jurisdiction of the BWP Bylaw. Property is on 23 Dune Road, 79/30 (6/ 13) .
John O' Reilly, J . M . O' Reilly & Associates, Inc, represents the applicant, John states they are in the process of filing a
Notice of Intent to satisfy the enforcement order.
Commissioners have no further comments.
Commissioner Bruce Evans moves to make a determination of Negative 3 and Negative 6 in the case of 23 Dune
Road LLC at 23 Dune Road . Commissioner Gary Kaser second . A roll call vote was token . Bruce Evans- yes, Gary Kaser-
yes, Casey Chatelain - yes, Peter Wells- yes, Michael Tobin - yes. The Commission was 5 -Yes, 0- No.
1
3. Robert and Catherine Gutherman request determinations as to whether the area — buffer zone to inland wetlands, and the work —
construction of a pool with patio and landscape walls we are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw.
Property is on 137 Regatta Road, 27/72 (22/7-2) .
Laura Schofield, Schofield Brothers, represents the applicants. Laura described the project as detailed in the application and site plan . Pool is
primarily in lawn and patio area . Small strip of pool hardscaping is within 97 feet of wetland .
List of documents discussed during this hearing :
a . Site Plan . 137 Regatta Road
b . RDA- 134 Regatta Road
CA shows concerns for where the homeowners would drain the pool water.
Jay Sorgman, Shoreline Pools, Inc., joins the meeting . He states that the pool will have an automatic safety cover which separates the rain water
from getting into the pool . If the pool needs to be drained for repairs, etc., than the pool will be drained into a receiving truck and removed
from the property.
Commissioner Bruce Evans moves to make a determination of Negative 3 and Negative 6 in the case of Robert and Catherine Gutherman at
137 Regatta Road . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain - yes, Peter
Wells- yes, Michael Tobin - yes , The Commission was S -Yes, 0- No .
Notices of Intent
1 . John and Sharon Martin propose to remove and replace an existing deck, create two vista corridors, and remove of invasive species
which are to be replaced with native species within 50 and 100 feet of Inland Wetlands, on 45 Elbow Pond Drive, 19/34 (51 /64).
John O' Reilly, J , M . O' Reilly & Associates, Inc, represents the applicant. John describes the project as detailed in the application and site plan .
John notes the 3 maple trees that were flush cut by the previous owners. John proposes to manage the maple trees as shrubs. The applicants
are working with Craig Schneeberger of Bartlett Tree Experts and Keith Johnson their landscaper. There is an abandoned pathway that the
owners would like to re - naturalize . John proposes to replace the decks with no change to footprint. A previous owner put a Conservation
Restriction on the property when the house was built, as part of the conditions of approval .
Commissioner Bruce raises concerns for managing maple trees as shrubs. Commissioners recommend replacing maples with shrubs for long -
term viability.
CA requests further information of vista cutting activities.
NR suggests for the Conservation Restriction to be included in the plan . NR does not see an issue with proper management of trees and
shrubs, but be aware of restricted areas.
List of documents discussed during this hearing :
a . NOIApp — 45Elbow Pond Dr — Martin 08252021
b . Site Plan . Conservation Restriction.
Commissioner Bruce Evans moves to continue the hearing for John and Sharon Martin at 45 Elbow Pond Drive to update the plan and draft an
Order of Conditions to September 28, 2021 . Commissioner Gary Kaser second , A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes,
Casey Chatelain- yes, Peter Wells- yes, Michael Tobin - yes, The Commission was 5 -Yes, 0- No.
2 . Craig Pfannenstiehl proposes to replace an existing sturdy sand drift fence, install snow fencing, and conduct sand nourishment
across an existing revetment and plant native American beach grass within Coastal Wetlands, on 91 Carver Road, 50/92 (3/154-3) .
John O' Reilly, J .M . O'Reilly & Associates, Inc, represents the applicant, John notes there is a standing Order of Conditions for the existing
revetment, so the Notice of Intent has been amended to a minor change request as previous permit covering work has not expired . John
requests an Extension Permit to the Orders of Conditions. John is proposing to reconstruct and reconfigure the sturdy sand drift fence and to
include additional revetment on the east side to compensate for exposed coir envelops.
CA expresses concerns for not receiving nourishment updates which is a condition for the existing permit. The applicant needs to submit the
required documentation of nourishment for 2 more years, per the permit.
2
Conservation Commission Meeting Minutes — September 14, 2021
Commissoner Casey suggests to condition the vista work, if the commission chooses to approve the minor change request.
List of documents discussed during this hearing :
a . NOI Application - 91 Carver Rd - Pfannenstiehl 08262021
b . Orders of Conditions. Revetment Repair Construction of Coir Roll System. 91 Carver Road . SE 9 - 1672. Craig Pfannenstiehl and C.
Bergstrom , 9 . 21 .2015
Commissioner Bruce Evans moves to approve the minor change request for Phannestehil at 91 Carver Road with the inclusion that
nourishment is required . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain- yes,
Peter Wells- yes, Michael Tobin - yes. The Commission was S -Yes, 0-No.
3. Peter and Diane Place propose to renovate an existing dwelling and construct a second floor addition within 50 and 100 feet of
Coastal Wetlands, on 24 Captain Dunbar Road, 91 /47 (7/19) .
Paul Muldoon, Muldoon Architects, represents the applicant. Paul described the project as detailed in the Notice of Intent and site plan . Paul
emphasizes the proposed native plantings .
Commissioners had no further comments.
List of documents discussed during this hearing :
a . 24 Captain Dunbar_NOI application
b. Site Photos. 24 Captain Dunbar Road , 9 . 13 . 2021
Commissioner Bruce Evans moves to continue the hearing for Peter and Diane Place at 24 Captain Dunbar Road to September 28, 2021 to
draft an order of conditions . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain -
yes, Peter Wells- yes, Michael Tobin - yes. The Commission was 5 -Yes, 0- No.
4. Continued - 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).
Paul Shea, Independent Environmental Consultants, represents the applicant. Paul described the project as detailed in the Notice of Intent and
site plan . Previous property owner had not permitted the existing stairs, which have been there for about 20 years. Paul is awaiting a response
from NHESP.
Commissioner Michael suggests to remove the impervious driveway' and replace with a pervious driveway. Commissioner Gary questions the
longevity of the stairs . Commissioner Casey requests to see vista work on the plan and recommends contacting the building department
regarding the stairs,
EJ Tateosian joined the meeting . He explains that there were existing stairs with a railing . EJ replaced the unsafe stairs, elevating the walkways
without changing the existing footprint.
CA recommends replacing the blacktop driveway with a pervious material . Vista corridor and specifications needs to be included in the site
plan . Mitigation plantings should be included in the site plan for the expanded deck area.
List of documents discussed during this hearing :
a. Notice of Intent. 22 Gulls Way. Pond Stairs, Deck, Parking Area . 2021
b. Site Photos. 22 Gulls Way. 9 . 13 . 2021
Commissioner Bruce Evans moves to continue the hearing for Edward Tateosian at 22 Gulls Way to September 28, 2021 to update the plan and
include the vista corridor. Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain - yes,
Peter Wells- yes, Michael Tobin - yes. The Commission was 5 -Yes, 0- No .
3
Conservation Commission Meeting Minutes — September 14, 2021
So Continued - 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 ) .
CA confirms the Draft Order of Conditions was sent to the applicant and the representative. CA recommends approving the Final Order of
Conditions.
Commission has no further comments.
Ronald Suffers and Barbara Carverjoin the meeting and thank the commission .
List of documents discussed during this hearing :
a . Draft Special Conditions 63 Bates Lane. Vista
Commissioner Bruce Evans moves to approve the orders of conditon for Barbara Carver at 63 Bates Lane. Commissioner Gary Kaser second . A
roll call vote was taken . Bruce Evans - yes, Gary Kaser- yes, Casey Chatelain- yes, Peter Wells- yes, Michael Tobin- yes. The Commission was 5 -
Yes, 0- No.
6. Continued - Attorney Benjamin Zehnder proposes to remodel one cottage in place, remove three cottages and reconstruct three
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, represents the applicant. John describes the revisions as detailed in the land management plan
and site plan. John notes that the revised plan proposes a 4400 sq ft decrease in hardscape within jurisdiction . John proposes hiring an on site
consultant rather than a third party review.
Jim O'Connell, Coastal Geologist/Coastal Land - use Specialist of Coastal Advisory Services, joined the meeting to explain his geologic findings
of the property. Jim provided an in -depth analysis of his findings, specifically distinguishing regulatory coastal dunes and glacial sediment.
Nick Crawford, Crawford Land Management, joined the meeting to explain the project as described in the revised Land Management Plan &
Narrative and Restoration Plan . Nick is proposing only invasive species management within vista windows, revegetation within disturbed areas
due to construction, and no native species removal . Once the buildings are finished, the applicant will come back to the commission to detail
the vista cuttings.
Commissioners feel more comfortable with the project after Jim 's thorough explanation, but are concerned with the size of the observation
decks.
CA reviews third party review quotes from BSC Group and Woods Hole Group. Given the drastic revisions, commissioners decide to not move
forward with a third party review at this time.
NR recommends a planting plan which details construction protocols. NR requests a plan to show the number of trees, within jurisdiction, that
will be impacted to satisfy concerns from abutters.
Penelope Wilson, an abutter, receives more information on the location of the soak pool that will be placed on one of the decks.
CA suggests adding construction protocols along the roadway to protect the road and vegetated wetland from heavy machinery and traffic.
List of documents discussed during this hearing :
a . Proposed Site Plan REV 08172021 - 178 Bonnie Doone Ctwy
b. CLM Restoration Plan - 178 Bonnie Doone 08162021
C6 Cover Letter Supp Info - 178 Bonnie Doone Ctwy NOI 08172021
d . PwrPt 9- 14-21
e. Brewster_178BonnieDoone_07-29 2021 _gberman
Commissioner Bruce Evans moves to continue the hearing for Attorney Benjamin Zehnder at 178 Bonnie Doone Cartway to September 28,
2021 to update the plan . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans - yes, Gary Kaser- yes, Casey Chatelain- yes,
Peter Wells- yes, Michael Tobin - yes. The Commission was 5 -Yes, 0- No.
7. Continued on 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 applicants are requesting a continuance to October 12, 2021 . Applicant is waiting to hear back from NHESP.
4
Conservation Commission Meeting Minutes — September 14, 2021
List of documents discussed during this hearing :
a . Continuance Hearing Ltr to CC to 10- 12 -21 Hearing
Commissioner Bruce Evans moves to continue the hearing for Walter Harris at 19 Muskrat Lane to October 12, 2021 . Commissioner Gary Kaser
second . A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain - yes, Peter Wells- yes, Michael Tobin - yes. The
Commission was 5 -Yes, 0- No .
8. 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, represents the applicants . Dave describes the revisions as detailed in the revised site
plan.
CA suggests a third party review may be necessary. CA is concerned with the proposed project not meeting regulations and standards set by
the Massachusetts Wetlands Protection Act and Brewster's Bylaws. CA reviews bylaws and like projects that have historically been approved .
NR suggests a simple dock with a footpath ,
Commissioners decide that they would approve of a simple dock with a footpath . They are okay with a reasonable gainway to get over part of
the wetland .
Carmine Cutone joins the meeting , he expresses that he supports a simple dock and footpath .
List of documents discussed during this hearing :
a . 89 Squam Road Appeals Decision
b . 89 Squam Road Nantucket order of conditions denial
c. Environmental Report
Commissioner Bruce Evans moves to continue the hearing for Carmine Cutone and Christine Harvey at 80 Mill Pond Drive to September 28,
2021 to update the plan. Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans - yes, Gary Kaser- yes, Casey Chatelain- yes,
Peter Wells- yes, Michael Tobin - yes. The Commission was 5 -Yes, 0- No.
9. Continued - 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) .
Craig Ferrari, Down Cape Engineering, represents the applicant. Craig states that there are 9 mismanaged trees that will be removed and
replaced with 10 new trees and other mitigation plantings.
Commissioners have no further comments.
CA reviews the plantings as detailed in the revised plan .
List of documents discussed during this hearing :
a . 130-HillbourneTer Restoration_Plan -2021 -b9- 13 -Issued - REV1
Commissioner Bruce Evans moves to continue the hearing for Ashwin Gollerkeri of Gollerkeri Living Trust at 130 Hillbourne Terrace to
September 28, 2021 to draft an Order of Conditions. Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans- yes, Gary Kaser-
yes, Casey Chatelain - yes, Peter Wells- yes, Michael Tobin - yes. The Commission was 5 -Yes, 0- No.
Certificates of Compliance
1 . Joseph and Elizabeth Gore, demolition and reconstruction of a dwelling, SE 9 - 1288, 179 Swamp Road 49/144 (18/29)
CA states all conditions have been complied with and recommends approving the Certificate of Compliance.
Commissioner Bruce Evans moves to issue a Certificate of Compliance for Joseph and Elizabeth Gore at 179 Swamp Road Commissioner Gary
Kaser second . A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain - yes, Peter Wells- yes, Michael Tobin - yes. The
Commission was 5 -Yes, 0- No.
5
Conservation Commission Meeting Minutes — September 14, 2021
2 : Barbara Holtman, pathway, kayak rack, and plantings, SE 9- 1749, 5 Carsons Way, 23/60 (36/37 - 101 )
CA states all conditions have been complied with and recommends approving the Certificate of Compliance.
Commissioner Bruce Evans moves to issue a Certificate of Compliance for Barbara Holtman at 5 Carsons Way, Commissioner Gary Kaser
second . A roll call vote was taken . Bruce Evans - yes, Gary Kaser- yes, Casey Chatelain - yes, Peter Wells- yes, Michael Tobin - yes. The
Commission was 5 -Yes, 0- No.
Request for Extension to Orders of Conditions
1 . Brewster Conservation Trust, maintenance of vista corridor, SE 9- 1770, 0 Stony Brook Road, 36/47 (23/55)
CA states the property is in compliance with the permit and recommends approving the request for extension .
Commissioner Bruce Evans moves to approve the Extension to Orders of Conditions for Brewster Conservation Trust at 0 Stony Brook Road .
Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans - yes, Gary Kaser- yes, Casey Chatelain - yes, Peter Wells- yes, Michael
Tobin - yes. The Commission was 5 -Yes, 0- No ,
2 . Re-sign: Craig Pfannenstiehl, sturdy sand drift fence, sand nourishment, coir roll and revetment, SE 9 - 1672, 91 Carver Road , 50/92
(3/154-3).
Extension has previously been approved . Commisioners are requested to re -sign the permit. No action required .
Request for Minor Change
1 . Elizabeth Rice requests topping an oak tree to improve a vista and selective limbing to provide clearance above beach access path, SE
9- 1736, 67 Carver Road, 50/43 (3/20)
CA suggests denying the applicant's request, however approves of selective removal of overhanging branches above the pathway, The State
Wetlands Protection Act states, "vista pruning does not include the cutting of trees which would reduce the leaf canopy to less than 90% of the
existing crown cover. "
Commissioner Bruce Evans moves to deny the request for the topping of an oak tree, but approve the selective removal of overhanging
branches in the case of the Request for Minor Change for Elizabeth Rice at 67 Carver Road , Commissioner Gary Kaser second . A roll call vote
was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain - yes, Peter Wells- yes, Michael Tobin - yes. The Commission was 5 -Yes, 0- No.
2 . Kevin Frank requests extending vista cutting to include cherry tree and shad blow to improve vista and root development beach
access path, SE 9 - 1848, 17 Sunhouse Path, 50/36 (3/15)
CA states vista corridor is already established Shadblow and cherry trees were excluded from permitted cutting in application and permit, they
serve as edge of vista corridor and are to remain growing naturally. The trees pose no risk to any structure, view already achieve with extent of
cutting permitted . CA recommends denying the minor change request.
Commissioner Bruce Evans moves to deny the minor change request for Kevin Frank at 17 Sunhouse Path . Commissioner Gary Kaser second . A
roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain - yes, Peter Wells- yes, Michael Tobin - yes. The Commission was 5 -
Yes, 0- No.
i
3 . John and Kathleen Galiney requests altering the orientation of an approved dwelling, SE 9- 1875, Lot 2 off Brier Lane 48/7 (23/10 -2)
i
CA states the applicant is proposing to rotate the house so there is less structure within the 100 ft buffer zone and relocate gravel driveway.
Overall, the project proposes less impact to the wetlands. CA recommends approving the minor change request.
Commissioner Bruce Evans moves to approve the minor change for John and Kathleen at Lot 2 off of Brier Lane, Commissioner Gary Kaser
second , A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain - yes, Peter Wells- yes, Michael Tobin - yes. The
Commission was . 5 -Yes, 0- No. '
6
Conservation Commission Meeting Minutes — September 14, 2021
Show Cause Hearing
1 . Continued - Sand Dune Realty Trust, 10 Nancy May Path, 91 /14-798 (7/11 A ), Placement of gravel fill, stone steps, and plastic grass
within Coastal Resource Areas — violation of Orders of Conditions SE 9- 1550
CA received correspondence from the new owner's lawyer. CA will meet with them on site next week.
Commissioner Bruce Evans moves to continue the show cause hearing for Sand Dune Realty Trust at 10 Nancy May Path to September 28,
2021 , Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain - yes, Peter Wells- yes,
Michael Tobin - yes . The Commission was 5-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
There is no one at the meeting to represent Karam . CA recommends continuing the hearing .
Commissioner Bruce Evans moves to continue the show cause hearing for Karam at 330 Main Street to September 28, 2021 . Commissioner
Gary Kaser second . A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes, Casey Chatelain - yes, Peter Wells- yes, Michael Tobin - yes. The
Commission was 5 -Yes, 0 -No.
Citizens' Forum
No citizens' forum at this time
Report of the Natural Resources Director
Town of Brewster has achieved negotiated sale for the Sea Camps property.
Report of the Conservation Administrator
CA has no report at this time.
Adjourn the Meeting
Commissioner Bruce Evans moves to adjourn . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans- yes, Gary Kaser- yes,
Casey Chatelain - yes, Peter Wells- yes, Michael Tobin - yes. The Commission was 5 -Yes, 0- No.
Meeting adjourned at 9 ;01 P. M .
7
Conservation Commission Meeting Minutes — September 14, 2021