HomeMy Public PortalAboutConservation Commission -- 2021-09-28 Minutes T Town of Brewster Conservation Commission
1657 Main St., Brewster, MA 02631
conservation@brewster- ma.gov
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MEETING MINUTES `
Remote Participation Only
September 28, 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 ma. aov),
Michael Tobin or Video recording (tv. brewster- ma.00v).
Chairman Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Gary Kaser, Peter Wells
Commissioners Absent:
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 Discussion — Town of Brewster Stormwater Management Bylaw and Regulations
Lori Kennedy, Horsley Witten Group, joined the meeting as a representative. Brewster is covered by an MS4 General Permit
Staff that is issed by the EPA, which regulates stormwater discharge from municipal drainage systems into waters of the United
States , Horsley Witten Group has been asked by the Town of Brewster to create a new Stormwater Management Bylaw
Chris Miller, under the general bylaws, not under zoning . This bylaw would require stormwater management for smaller projects on
Natural Resources less than 1 acre of land . Lori provided detailed information for the Commission of the following sections : §272-4
Director Administration, §272- 5 Applicability, and §272-7 Stormwater Management Regulations,
Noelle Aguiar, The Bylaw is currently in Draft status. Lori has a October 13, 2021 continued hearing with the Planning Board and the
Conservation Bylaw is being reviewed by the Legal Council .
Administrator
Notices of Intent
Andreana Sideris,
Assistant to 1 . Abigail Rhoads proposes to remove an existing deck and build an addition and new deck within the same
Natural Resources location and within 100 feet of Inland Wetlands, on 6 Seamans Lane, 12/71 (38/118) .
Director and
Conservation Daniel Gonsalves, Professional Engineer at Down Cape Engineering, is representing the applicant. Daniel describes
Administrator the project as detailed in the application and site plan .
Commissioner Casey has conducted a site visit and she noticed an unpermitted dock and storage of a boat at the
edge of the water.
CA confirms that the dock is unpermitted and the dock needs to be removed . The dock can go back out when the
property owner has an approved permit through the Conservation Commission . Otherwise, she recommends
approving the Notice of Intent.
List of documents discussed during this hearing :
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a . 21 - 226 Rhoads NOI 9 -9-21 (1 )
b. 21 -226 Rhoads Site Plan 9-7- 21 color
Vice Chair Person Casey Chatelain moves to continue the hearing for Abigail Rhoads at 6 Seamans Lane to October
12, 2021 to draft the Order of Conditions and include the removal of the dock, pending Chapter 91 license .
Commissioner Bruce Evans second . A roll call vote was taken. Bruce Evans — yes, Casey Chatelain — yes, Gary Kaser —
yes, Michael Tobin — yes , The Commission is 4 — Yes, 0 — No.
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2 . Bryan Jenkins proposes to permit a deck constructed within 100 feet of Inland Wetlands, on 3673 Main Street, Unit 4, 126/12 - 14074
( 11 /25 - 104) .
John O' Reilly, J . M . O' Reilly & Associates, Inc, represented the applicant. John describes the project as detailed in the Enforcement Order, Notice
of Intent and site plan . No trees were cut when deck was constructed .
List of documents discussed during this hearing :
a . NOI Application . 3673 Main Street, Unit 4.
b. Enforcement Order. Unpermitted Deck. 3673 Main Street,
Vice Chair Person Casey Chatelain moves to continue the hearing for Bryan Jenkins at 3673 Main Street Unit 4 to October 12, 2021 to draft the
Order of Conditions. Commissioner Bruce Evans second . A roll call vote was taken . Bruce Evans — yes, Casey Chatelain — yes, Gary Kaser — yes,
Michael Tobin — yes. The Commission is 4 — Yes, 0 — No.
3. Continued - John and Sharon Martin propose to remove and replace an existing deck, create two vista corridors, and remove 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) 9
John O'Reilly, J . M . O' Reilly & Associates, Inc, represented the applicant. John describes the project as detailed in the Notice of Intent, cover
letter and the revised site plan .
Commission made no comment.
List of documents submitted for the Notice of Intent and discussed at this hearing :
a . Martin -Site Plan — Elbow Pond Rd — Revised 9-20-2021
b . Martin -Cover Letter 9-20-2021
Vice Chair Person Casey Chatelain moves to approve the final Order of Conditions for John and Sharon Martin at 45 Elbow Pond Drive,
Commissioner Bruce Evans second . A roll call vote was taken . Bruce Evans — yes, Casey Chatelain — yes, Gary Kaser — yes, Michael Tobin — yes.
The Commission is 4 — Yes, 0 — No.
4. Continued - 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) .
CA states that the draft Orders of Conditions have been completed and sent to the Commission, the representative and the applicant. CA
recommends approving the final Orders of Condition .
List of documents submitted for the Notice of Intent and discussed at this hearing :
a . Draft Special Conditions, 24 Captain Dunbar Road
b . Place SE 9 - 1901 Order of Conditions Draft
Vice Chair Person Casey Chatelain moves to approve the final Order of Conditions for Peter and Diane Place at 24 Captain Dunbar Road .
Commissioner Bruce Evans second . A roll call vote was taken . Bruce Evans — yes, Casey Chatelain — yes, Gary Kaser — yes, Michael Tobin — yes .
The Commission is 4 — Yes, 0 — No .
5. Continued on 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 draft Orders of Conditions have been completed and sent to the Commission, the representative and the applicant. CA
recommends approving the final Orders of Condition . CA recommends approving the final Orders of Condition, with the addition of selective
limbing .
Paul Shea describes the vista pruning procedures in detail; as described in the Vista Corridor Pruning document.
List of documents submitted for the Notice of Intent and discussed at this hearing :
a . Document_2021 -09 - 15_194346 vista corridor pruning
b. Updated Site Plan . 9. 17.2021
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Conservation Commission Meeting Minutes — September 28, 2021
Vice Chair Person Casey Chatelain moves to approve the final Orders of Conditions with the selective limbing included for Edward Tateosian at
22 Gulls Way. Commissioner Bruce Evans second . A roll call vote was taken . Bruce Evans — yes, Casey Chatelain — yes, Gary Kaser — yes, Michael
Tobin — yes. The Commission is 4 — 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, represented the applicant. John describes the updates as detailed in the vegetation plan, site plan
and narrative. John suggests for the engineer, contractor and CA to walk along the roadway and identify areas where additional erosion
control could be put in place.
Mark Wilson joins the meeting, representing Ten Lots Association, Inc and the abutters. Mark brings up concerns regarding heavy traffic into
wetland area and vista cutting .
Peter Johnson joins the meeting, he is an abutter to the property. Peter seeked confirmation that no vegetation will be touched from work area
to the ocean during construction.
Drew Smyth joins the meeting, he is an abutter to the property. Drew brings concerns for debris/trash to be removed from the site and
suggests scheduled inspections throughout the duration of the build .
CA states that the abutters will be notified of the amendment when it is submitted for review.
List of documents submitted for the Notice of Intent and discussed at this hearing :
a . Updated Vegetation Mgt Plan . 178 Bonnie Doone. 9/22/2021
b . Updated Site Plan. 178 Bonnie Doone. 9/22/2021
c. Updated Vegetation Mgt. Narrative. 178 Bonnie Doone 9/22/2021
d . Draft Special Conditions. Rebuild Revegetate, 178 Bonnie Doone Cartway
Vice Chair Person Casey Chatelain moves to approve the final Order of Conditions for Attorney Benjamin Zehnder at 178 Bonnie Doone
Cartway, including the amendment request for an updated vista statement. Commissioner Bruce Evans second . A roll call vote was taken . Bruce
Evans — yes, Casey Chatelain — yes, Gary Kaser — yes, Michael Tobin yes. The Commission is 4 — Yes, 0 — No.
7 . 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) .
David Bennett, Dave Bennett Environment & Associates, represents the applicants. He confirms receipt and agrees with the draft Order of
Conditions.
CA describes the updates as detailed in the draft Order of Conditions and the updated site plan .
List of documents submitted for the Notice of Intent and discussed at this hearing :
a . Updated Site Plan . 80 Mill Pond Drive
b. Draft Special Conditions 80 Mill Pond Drive
Vice Chair Person Casey Chatelain moves to approve the final Order of Conditions for Carmine Cutone and Christine Harvey at 80 Mill Pond
Drive. Commissioner Bruce Evans second . A roll call vote was taken . Bruce Evans — yes, Casey Chatelain — yes, Gary Kaser — yes, Michael Tobin —
yes. The Commission is 4 — Yes, 0 — No .
8 . 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) .
CA states that we need to continue the hearing . The viable voters are Casey Chatelain, Gary Kaser, Bruce Evans and Peter Wells,
Vice Chair Person Casey Chatelain moves to continue the hearing for Ashwin Gollerkeri at 130 Hillbourne Terrace to October 12, 2021 ,
Commissioner Bruce Evans second . A roll call vote was taken . Bruce Evans — yes, Casey Chatelain — yes, Gary Kaser — yes, Michael Tobin — yes.
The Commission is 4 — Yes, 0 — No .
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Conservation Commission Meeting Minutes — September 28, 2021
Show Cause Hearings
1 . Continued - Brown, 2628 Main Street, 78/14 (15/113-2) Cutting and Clearing of vegetation within 25 feet of inland wetlands
CA states that she received an email from Stephan Brown stating that he has been out of the country and he has not been able to get a
wetland delineation completed yet. The enforcement order is still in effect.
Commissioner Casey requests enforcement, for when Stephen Brown returns, if any cutting shall commence within his property prior to a
wetland delineation .
Commissioner Michael reminds the Commission that Stephen Brown still needs to submit a completed Farm Plan .
T.J . Hurrie, Attorney from the Law Offices of Bruce Bierhans, representing abutter Michael Jardus. T.J . describes Stephan Brown 's multiple
violations and disregard of the Commision 's authority, Wetlands Protection Act, Brewster's Wetland Protection By- Laws and State Rules. T.J .
strongly urges the commission to carerfully review Stephen Brown's Notice of Intent once submitted to the commission .
Commissioner Gary recuses himself from voting in the case of Stephen Brown ,
Michael Jardus, an abutter to the property, comments that since the last hearing he has heard cutting going on in Stephen Brown 's property.
Vice Chair Person Casey Chatelain moves to continue the show cause hearing for Brown at 2628 Main Street to October 12, 2021 .
Commissioner Bruce Evans second . A roll call vote was taken . Bruce Evans — yes, Casey Chatelain — yes, Gary Kaser — yes, Michael Tobin — yes .
The Commission is 4 — Yes, 0 — No.
2 . Continued - Sand Dune Realty Trust, 10 Nancy May Path , 91 /14498 (7/11 -1 ), Placement of gravel fill, stone steps, and plastic grass
within Coastal Resource Areas — violation of Orders of Conditions SE 9-1550
Shirley Sheridan, attorney in Southborough, representing the current owner of 10 Nancy May Path . Shirley thanks the Commission and
apologizes on behalf of the current owners. Shirley sent CA site photos of the removed plastic grass and gravel fill . Shirley states the she and
the current owners are working with a landscape architect.
CA states that the lights turned towards the dune also needs to be removed . The permit won't expire until August 7, 2023s
List of documents submitted for the Notice of Intent and discussed at this hearing :
a . Gravel Removal Pictures
Vice Chair Person Casey Chatelain moves that the Enforcement Order is satisfied for Sand Dune Realty Trust at 10 Nancy May Path.
Commissioner Bruce Evans second , A roll call vote was taken . Bruce Evans — yes, Casey Chatelain — yes, Gary Kaser — yes, Michael Tobin — yes.
The Commission is 4 — Yes, 0 — No.
3. 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 that she has not received any correspondence from Karam . Karam has not paid any fines or submitted any of the required
information that the Commission has required . CA suggests that if the Commission would like, she can send a letter to Town Council .
NR recommends reaching out to Town Council and to find out how long we can let this continue.
List of documents submitted for the Notice of Intent and discussed at this hearing :
a . Enforcement Order, 330 Main Street, 10.29 . 2020
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Vice Chair Person Casey Chatelain moves to continue the show cause hearing for Karam at 330 Main Street to October 12, 2021 while the
Conservation Administrator reaches out to Town Council regarding next steps. Commissioner Bruce Evans second . A roll call vote was taken .
Bruce Evans — yes, Casey Chatelain — yes, Gary Kaser — yes, Michael Tobin — yes . The Commission is 4 — Yes, 0 — No.
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Conservation Commission Meeting Minutes — September 28, 2021
Report of the Natural Resource Director
The department has a Ballot due soon, open to Brewster voters. Reminder of the upcoming November Town Meeting .
Report of the Conservation Administrator
Job posting will be submitted for a new Senior Department Assistant.
Adjourn the Meeting
Vice Chair Person Casey Chatelain moves to adjourn the meeting . Commissioner Bruce Evans second . A roll call vote was taken . Bruce Evans -
yes, Casey Chatelain - yes, Gary Kaser - yes, Michael Tobin - yes. The Commission is 4 - Yes, 0 - No .
Meeting adjourned at 7: 22 P. M .
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Conservation Commission Meeting Minutes — September 28, 2021