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Home My Public Portal AboutConservation Commission -- 2021-10-12 Minutes ,��A111�11t1111 i l l il 'llrl/�fj�� Town of Brewster Conservation Commission DS O of AF . 1657 Main St., Brewster, MA 02631 conservation@brewstermma .gov ifl v 9 O YM ( 508) 896 = 4546 r rih� C7 I � ; MEETING MINUTES Remote Participation Only In •!rtmf! iiimt ,u�ti��".�� October 12 , 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 Vldeorecording (tv. brewster-ma.gov), Chairman Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Peter Wells, Gary Kaser 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 Notices of Intent Staff It t Carol and Robert Porter proposes to remove and rebuild beach access stairs within the same location and within Coastal Wetlands, on 90 The Tides Court, 59/1 (4/60) . Chris Miller, ; Natural Resources Robert Perry, Cape Cod Engineering, represents the applicant. Robert describes the project as detailed in the Director application and site plan . Robert notes they are replacing about a 60 ft run of stairs that drops about 30 ft. Noelle Aguiar, Commissioners have no further comments. Conservation Administrator CA conducted a site visit, she notes that the flood lights on the property should be removed or turned off as they are affecting the resource area. Andreana Sideris, Assistant to List of documents discussed during this hearing : Natural Resources a . Porter,Stair, NOI,90TidesCourt. Brewstercopy Director and Conservation Commissioner Bruce moves to continue the hearing for Carol and Robert Porter at 90 The Tides Court to October 26, Administrator 2021 to draft an Order of Conditions. Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes, The Commission is 5 — Yes, 0 — No , 2 . Craig Pfannenstiehl proposes to restore native plantings and establish a vista corridor within 50 feet of Coastal Wetlands, on 91 Carver Road , 50/92 (3/154-3) . CA states John O' Reilly, J, M , O' Reilly & Associates, Inc., requests a continuance to October 26, 2021 , Commissioner Bruce moves to continue the hearing for Craig Phannenstiehl at 91 Carver Road to October 26, 2021 , Commissioner Gary Kaser second . A roll call vote was taken , Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 5 — Yes, 0 — No. 3 . 23 Dune Road LLC proposes to restore native plantings on and within 50 feet of Coastal Wetlands on 23 Dune Road , 79/30 (6/13) . Ian Peach, Wilkinson Ecological Design, represents the applicant. Ian describes the project as detailed in the Land Management and Restoration Plan , Ian notes there are 11 scrub oak on site, the least represented oak on the cape , Scrub oak shrubland plant community is ranked S2 by NHESP, very rare and in need of restoration and protection . The proposed plan includes plantings of 29 more scrub oak trees and 97 native shrubs. 1 List of documents discussed during this hearing : a. NOI Application - Enforcement Order - 23 Dune Rd Brewster 09232021 b . Existing Conditions Plan - Tree Cutting NOI -23 Dune Rd Brewster 09232021 c. 20210920 Resto_Dune Rd 23 BRE SUB d . 20210920 LMP_Dune Rd 23_BRE SUB Commissioner Casey and Bruce raise concerns with the plan, it creates a large vista and lacks biodiversity. They recommend planting a greater variety of native trees and allowing the trees to grow to their full potential . CA recommends establishing a vista corridor with a detailed management plan and including more species of trees for survivability. Commissioner Bruce moves to continue the hearing for 23 Dune Road LLC at 23 Dune Road to October 26, 2021 to update the plan . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 5 — Yes, 0 — No . 4. Continued - Abigail Rhoads proposes to remove an existing deck and build an addition and new deck within the same location and within 100 feet of Inland Wetlands, on 6 Seamans Lane, 12/71 (38/118) . CA states that the applicants are awaiting to hear back from NHESP. The applicants requested a continuance to October 26, 2021 . Commissioner Bruce moves to continue the hearing for Abigail Rhoads at 6 Seamans Lane to October 26, 2021 to receive NHESP approval or denial . Commissioner Gary Kaser second . A roll call vote was taken , Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes , The Commission is 5 — Yes, 0 — No. S . Continued - 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) . CA states that the applicants, representatives and commissioners have received a copy of the draft Order of Conditions. CA recommends approving the final Order of Conditions. List of documents discussed during this hearing : a , Draft Special Conditions, 3673 Main Street, Deck Commissioner Bruce moves to approve the final Order of Conditions for Bryan Jenkins at 3673 Main Street, Unit 4. Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes , The Commission is 5 — Yes, 0 — No. 6. Continued - Ashwin Gollerkeri, Gollerkeri Living Trust, proposes to construct a patio within 51 feet of Coastal Wetlands, on 130 Hiilbourne Terrace, 115/27 (9/19 - 19) . i Angela Tanner, Landscape Architect at Jenick Studio, represents the applicant, Angela explains the updates to the proposal as detailed in the site plan . Commissioners have no further comments , List of documents discussed during this hearing : a . 130_Hillbourn 'eTer_Vista_Corridor_Height_Diagram2021 -09 -29_REV FILED b , Updated Site Plan 2 , 130 Hillbourne Terrace. Vista Cutting Heights Commissioner Bruce moves to approve the final Order of Conditions for Ashwin Gollerkeri of Gollerkeri Living Trust at 130 Hiilbourne Terrace, Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 5 — Yes, 0 — No . 2 Conservation Commission Meeting Minutes — October 12, 2021 7. Continued - Waiter 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 November 9, 2021 . Received notice from NHESP that they are within rare species habitiat, List of documents discussed during this hearing : a . Continuance Hearing Ltr to CC to 11 -9 - 21 Hearing b. NHESP Feedback. 10.8, 2021 Commissioner Bruce moves to continue the hearing for Walter Harris at 19 Muskrat Lane to November 9, 2021 , Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 5 — Yes, 0 — No . Request for Certificate of Compliance 1 . Jeffrey Brodrick, removal of existing dwelling, construction of new dwelling, SE 9- 134, 237 Crocker Lane, 69/2 (5/205) CA explains the work that was completed as detailed in the request and letter of compliance. CA states all required documents and fees have been received . CA recommends approving the Certificate of Compliance. List of documents discussed during this hearing : a , COC Request. 237 Crocker Lane, SE 9 - 134 Commissioner Bruce moves to approve the Certificate of Compliance for Jeffrey Brodrick at 237 Crocker Lane. Commissioner Gary Kaser second . A roll call vote Was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 5 — Yes, 0 — No. Request for Minor Change 1 . Stephen and Howard Hayes request flush cutting and stump sprouting seven cherry trees damaged by heavy invasive growth and removal of single dead eastern red cedar, SE 9 - 1859, 50 Robbins Road , 50/2 (3/1 -4) Craig Schneeberg, Bartlett Tree Experts, represents the applicant, Craig describes the proposal as detailed in the request and site plan . The goal of the minor change is to re -establish the cherry trees on the east side of the property. Commissioners have no further comments. List of documents discussed during this hearing : a , Amendment 50 Robbins Road Commissioner Bruce moves to approve the Minor Change for Stephen and Howard Hayes at 50 Robbins Road . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 5 — 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 CA states the department has not received an application, updated information or site plans from Stephen Brown , CA will be contacting Peter Lombardi, Town Administrator, requesting he get in touch with Town Council . CA will send Brown a follow up enforcement order. Chair Person Michael wonders about the farm plan approval process. NR states that the department will need to reach out to our local NRCS to review the plan with the commission and the applicant. 3 Conservation Commission Meeting Minutes — October 12, 2021 Commissioner Gary is concerned with the trailors on Brown 's property. Board of Health stated that the trailors are in violation and Brown has been notified . T.J. Hurrie, Attorney from the Law Offices of Bruce Bierhans, representing abutter Michael Jardus . Hurrie shares his concerns about Brown 's lack of timely cooperation with the commission. Strongly urges commission to reach out to Town Council for review for civil or criminal penalties , Commissioner Bruce moves to continue the hearing for Brown at 2628 Main Street to October 26, 2021 . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 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 No one is at the meeting to represent Karam. Commissioners and CA agree to notify Town Council of this show cause hearing . Commissioner Bruce moves to continue the hearing for Karam at 330 Main Street to October 26, 2021 . Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes . The Commission is 5 — Yes, 0 — No . Report of Natural Resources Director NR states he is going to town meeting to ask for additional funding to supplement a state grant, so the department could start a permitted design for the boardwalk heading out to Wing Island . Report of the Conservation Administrator No report at this time. Adjourn the Meeting Commissioner Bruce Evans moves to adjourn the meeting . Commissioner Gary Kaser second . A roll call vote was taken , Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes, Michael Tobin — yes , The Commission is 5 — Yes, 0 — No . Meeting adjourned at 6:48 P. M . i 4 Conservation Commission Meeting Minutes — October 12, 2021