HomeMy Public PortalAboutConservation Commission -- 2021-10-26 Minutes �
Town of Brewster Conservation Commission
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z, conservation@brewster- ma . gov
( 508) 896 - 4546
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MEETING MINUTES
110 g19R11o0 \\\\��o Remote Participation Only
N/miIIIIlim\011 ��`�\\ October 26, 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 (Iivestream. brewster- ma. cloy),
Michael Tobin or Video recording (tv. brewster- ma. gov) .
Chairman Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Peter Wells
Commissioners Absent: 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
Peter Wells Public Comment / Citizens' Forum
No public comment/ citizens' forum at this time.
Staff Notices of Intent
Chris Miller,
Natural Resources 1 . Jamie and Jennifer DiCandia propose the installation of a seasonal dock within the waters of
Schoolhouse Pond on 4 Alden Drive, 56/89 (24/68) .
Director
John O' Reilly, J . M . O'Reilly & Associates, Inc, represented the applicant. John describes the project as detailed in
Noelle Aguiar, the Notice of Intent application, cover letter and site plan .
Conservation
Administrator Commissioner Bruce raises concern for the size of the dock being too large.
Andreana Sideris, CA recommends using stepping stones to shorten the length of the ramp . When CA conducted a site visit, she
Assistant to found cutting and clearing within the BVW. CA states the Notice of Intent application needs to include
Natural Resources revegetation of the disturbed area .
Director and
Conservation List of documents discussed at this hearing :
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Administrator a . NOI Application . Seasonal Dock. 4 Alden Drive
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Commissioner Bruce Evans moves to continue the hearing for Jamie and Jennifer DiCandia at 4 Alden Drive to
November 9, 2021 to draft an Order of Conditions for reduced dock size and revegetation . Commissioner Peter
Wells second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Casey Chatelain — yes, Michael
Tobin — yes. The Commission is 4- Yes. 0- No .
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2. Brewster Veterinary Hospital proposes to reestablish two vegetated buffers within 50 feet of Inland j
Wetlands, on 56 Underpass Road 78/116 (26/6) .
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John O' Reilly, J . M . O'Reilly & Associates, Inc, represented the applicant. John describes the project as detailed in
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the Enforcement Order, Notice of Intent, cover letter and site plan . John plans to come back to the Commission
with a septice system upgrade. I
List of documents discussed at this hearing :
a . NOI. Revegetation . 56 Underpass Road
Commissioner Bruce Evans moves to continue the hearing for Brewster Veterinary Hospital at 56 Underpass
Road to November 9, 2021 to draft an Order of Conditions. Commissioner Peter Wells second . A roll call vote
was taken. Bruce Evans — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is
4- Yes . 0- No , 1
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3 . Continued - 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) .
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 Conditions with a reminder to remove floodligths within 100 ft buffer zone.
List of documents discussed at this hearing :
a . Draft Orders of Conditions. Beach Stairs. 90 The Tides Court
Commissioner Bruce Evans moves to approve the final Orders of Conditions for Carol and Robert Porter at 90 The Tides Court. Commissioner
Peter Wells second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission
is 4- Yes. 0- No.
4. Continued 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 ) .
John O' Reilly, J . M . O' Reilly & Associates, Inc, represented the applicant. John describes the project as detailed in the Notice of Intenet, updated
cover letter and site plan . John indicates that the existing irrigation system shall be utilized during the establishment of the shrubs and trees;
once established, the irrigation system shall be abandoned and no longer utilized .
List of documents discussed at this hearing :
a . Pfannenstiehl Planting Plan REV 10182021 — 91 Carver Road
Commissioner Bruce Evans moves to continue the hearing for Craig Pfannenstiehl at 91 Carver Road to November 9, 2021 to draft an Order of
Conditions. Commissioner Peter Wells second . A roll call vote was taken. Bruce Evans — yes, Peter Wells — yes, Casey Chatelain — yes, Michael
Tobin — yes. The Commission is 4- Yes . 0- No .
S . Continued - 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, representing the applicant. Ian describes the project as detailed in the Notice of Intent and updated
site plan . They have increased the number of native shrubs to 122 native shrubs to increase the biodiversity of the property. The proposed
Scrub Oaks will be maintained by professional licensed arborists.
Commissioner Michael wants to make sure a condition is made that only professional licensed arborist will be pruning the Scrub Oaks. j
CA agrees that the Scrub Oaks should be maintained by a professional licensed arborist for the duration of the permit, however when the
permit has expired the Scrub Oaks shall be allowed to regrow in a natural manner.
List of documents submitted for the Notice of Intent and discussed at this hearing :
a . 23 Dune Road , Updated Plan
Commissioner Bruce Evans moves to continue the hearing 23 Dune Road LLC at 23 Dune Road to November 9, 2021 to draft Orders of
Conditions. Commissioner Peter Wells second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Casey Chatelain — yes, Michael
Tobin — yes. The Commission is 4- Yes . 0- No ,
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6 . 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) 9
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CA states that the draft Orders of Conditions have been completed, the Commission is waiting to hear from NHESP. NHESP states that the
project will not have an adverse effect on specified habitat sites within the proposed resource area . CA recommends approving the final Order
of Conditions .
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List of documents discussed at this hearing :
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Conservation Commission Meeting Minutes — October 26, 2021
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a . Draft Special Conditions 6 Seaman's Lane . Deck and Addition
b. NHESP Feedback. 10. 15 . 21
Commissioner Bruce Evans moves to approve the final Order of Conditions for Abigail Rhoads at 6 Seamans Lane, Commissioner Peter Wells
second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 4- Yes. 0-
No .
Request for Certificate of Compliance
1 . Jim Kezer, construct single family dwelling, private drinking water well, septic system, and associated grading and landscape work,
SE 9-1249 , 116 Fiddlers Lane, 48/40 ( 18/51 )
CA explains the project as detailed in the Certificate of Compliance Request, Order of Conditions, Determinaion of Applicability and site plans .
The CA raises a few concerns. According to the plan of record; there has been an addition of an unpermitted porch within the 100 ft buffer, the
gravel driveway is longer than it was approved to be, and there is missing mitigation plantings .
John O' Reilly, l . M . O' Reilly & Associates, Inc, represents the applicant. The house is sold and they are trying to close the Order of Conditions.
John has no record of Mr. Kezer or anyone in his office going back to the Commission to have the porch approved .
CA recommends to submit a Determination of Applicability for the construction of the porch and to have mitigation plantings of the same
square footage in order to receive a Certificate of Compliance.
List of documents discussed at this hearing :
a . Orders of Conditions. Construct House Septic Grading . 116 Fiddlers Lane, SE 9- 1249 , Kezer. 2.24. 2005
b. Determination of Applicability. Septic Upgrade Landscaping . 116 Fiddlers Lane. Kezer. 10.7.2008
c. Kezer Cert of Compl Request
d . As- Built — 116 Fiddlers Lane Cert of Compliance Request
e. Site Plans , SE 9- 1249
Commissioner Bruce Evans moves to continue the hearing for Kezer at 166 Fiddlers Lane to November 9, 2021 . Commissioner Peter Wells
second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 4- Yes . 0-
No .
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Administrative Review
1 . Charles Robinson proposed to flush cut one spruce tree within 50 feet of coastal resources on 481 Main Street, 16/19 (22/21 )
CA states the property owners engaged Arbor Tech Inc to conduct a health evaluation of two spruce trees on the property. The homeowners
would like to flush cut one of the spruce trees to prevent infection to the second spruce tree. CA recommends approving the Administrative
Review.
List of documents discussed at this hearing :
a . Administrative Review Approval Letter — Tree Removal . 2021
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Commissioner Bruce Evans moves to approve the Administrative Review for Charles Robinson at 481 Main Street. Commissioner Peter Wells
second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin — yes . The Commission is 4- Yes . 0-
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No .
Under MA General Laws Chapter 40, Section 8C
Review and Vote on 2021 /22 Hunting Policy
CA reviewed the regulation stated above.
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Conservation Commission Meeting Minutes — October 26, 2021
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Commissioner Casey confirms that these are the standard huning policies that have been in place with the Town of Brewster for a couple of
years now.
Commissioner Bruce Evans moves to approve the Hunting Policy as stated in the regulations. Commissioner Peter Wells second . A roll call vote
was taken . Bruce Evans — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 4- Yes. 0- No .
Show Cause
1 . Continued Brown, 2628 Main Street, 78/ 14 ( 1 S/113 -2) Cutting and Clearing of vegetation within 25 feet of inland wetlands
CA states the Department has not received any new correspondence from Stephen Brown, Town Council will be sending a letter to Stephan
Brown reminding him of his legal obligations to fulfill the requirements as set in the enforcement order. Wherein, the deadline for Brown to
submit all of the required application materials is November 12, 2021 .
The Commission discusses what the next steps would be for Stephen Brown if he does not respond to the letter from Town Council ,
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 . Hurrie expresses that he is supportive of the commission 's decision to send a letter from Town
Council .
List of documents discussed at this hearing :
a , Correspondence from Town Council . 10. 26.2021
Commission had no further comments ,
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 that she has reached out to Town Council , Town Council will be filing a formal Civil Complaint with the Orleans District Court,
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Commissioner Bruce Evans moves to continure the hearing for Karam at 330 Main Street to November 9, 2021 . Commissioner Peter Wells
second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 4- Yes. 0-
No .
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Natural Resources Director
No report at this time.
Report of the Conservation Administrator
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CA reports a new hire for the Senior Department Assistant position .
CA informs commission of multiple pool draining violations. CA seeks advice from the commission on whether or not she should send an
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enforcement order, issue fines, or send a violation letter. The commission decides to send violation letters.
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Adjourn the Meeting
Commissioner Bruce Evans moves to adjourn the meeting . Commissioner Peter Wells second . A roll call vote was taken . Bruce Evans — yes,
Peter Wells — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 4- Yes. 0- No , j
Meeting adjourned at 7 ; 12 P. M .
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Conservation Commission Meeting Minutes — October 26, 2021
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