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Home My Public Portal AboutConservation Commission -- 2021-11-09 Minutes ��`0°�a\an u u u i u r nnniri�/i Town of Brewster Conservation Commission oF �`D �Re9 , � %� 1657 Main St. , Brewster, MA 0263.1 �`� '� = conservation@brewster- ma . gov n37 � Mss = i (508) 896 - 4546 - ��iA,— MEETING MINUTES x Z�/�j /FfBR19RNJ0 \\\\�\`o`� Remote Participation Only r1rIIIIIIl11111�� November 9, 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. ov , Michael Tobin or Video recording (tvbrewster-ma.gov). 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 Notices of Intent 1 . The Besse Cartway Nominee Trust proposes re- installation and continued maintenance of a seasonal Staff dock in the waters of Long Pond, on 441 W H Besse Cartway 83/6 (41 /52 -2) . Chris Miller, CA states that John O'Reilly, the representative, requests a continuance to November 23, 2021 . Natural Resources Director Commissioner Bruce Evans moves to continue the hearing for The Besse Cartway Nominee Trust at 441 W H Besse Cartway to November 23, 2021 . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — Noelle Aguiar, yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 Conservation — No. Administrator 2 . Mark Pellegrini proposes the creation of a landscape barrier adjacent to Japanese Knotweed, on 1139 Andreana Sideris, Stony Brook Road 47/2 (23/38) . Assistant to Natural Resources The applicant/representative were absent at the time of the hearing . CA recommends continuing the hearing to Director and November 23, 2021 . Conservation Commissioner Bruce Evans moves to continue the hearing for Mark Pellegrini at 1139 Stony Brook Road to Administrator November 23, 2021 . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans – yes, Gary Kaser – yes, Peter Wells – yes, Casey Chatelain – yes, Michael Tobin- yes . The Commission is 5 – Yes, 0 – No . 3 . Continued - Jamie and Jennifer DiCandia propose the installation of a seasonal dock within the waters of j Schoolhouse Pond on 4 Alden Drive, 56/89 (24/68) . s CA describes the project as detailed in the Notice of Intent and updated site plan . 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 the inclusion of 4 blueberry bushes . a List of documents discussed at this hearing : j a . NOI Application . Seasonal Dock. 4 Alden Drive b . Proposed Dock Plan REV 11012021 — 4 Alden Dr NOI — DiCandia c. Draft Special Conditions 4 Alden Drive i Commissioner Bruce Evans moves to approve the final Order of Conditions for Jamie and Jennifer DiCandia at 4 Alden Drive. Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No. l3 i I Page 1 of 5 r E S 4. Continued - Brewster Veterinary Hospital proposes to reestablish two vegetated buffers within 50 feet of Inland Wetlands, on 56 Underpass Road 78/116 (26/6) . 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 . List of documents discussed at this hearing : a . Draft Orders of Conditions. 56 Underpass Road *Commissioner Gary Kaser is recused from voting . Commissioner Bruce Evans moves to approve the final Order of Conditions for Brewster Veterinary Hospital at 56 Underpass Road , Commissioner Gary 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 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 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. List of documents discussed at this hearing : a . Draft Orders of Conditions. 91 Carver Road Commissioner Bruce Evans moves to approve the final Order of Conditions for Craig Pfannenstiehl at 91 Carver Road . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No . 6 . 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, represents the applicant. Ian states that they have reviewed the Draft Order of Conditions and they don't have any comments, questions, or proposed revisions . List of documents discussed at this hearing : a . Draft Orders of Conditions. Beach Stairs. 23 Dune Road Commissioner Bruce Evans moves to approve the final Order of Conditions for 23 Dune Road LLC at 23 Dune Road , Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No . 7. 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) . i CA states the applicant is requesting a continuance to January 11 , 2022 . List of documents discussed at this hearing : a . Continuance Hearing Ltrto CC to 1 - 11 -22 Hearing Commissioner Bruce Evans moves to continue the hearing for Walter Harris at 19 Muskrat Lane to January 11 , 2022 . Commissioner Gary Kaser 1 second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No. I a i i Request for Certificate of Compliance 1 . Jim Kezer, construct single family dwelling, private drinking water well, septic sstem, and associated grading and landscape work, SE 9 - 1249, 116 Fiddlers Lane, 48/40 (18/51 ) . i I Page 2 of 5 j Conservation Commission Meeting Minutes — November 9, 2021 i 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 at this hearing : a . Kezer Cert of Compl Request b. As- Built - 116 Fiddlers Lane Cert of Compliance Request Commissioner Bruce Evans moves to approve the Certificate of Compliance for Jim Kezer at 116 Fiddlers Lane. Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No. 2 . Andrea Sullivan, septic system upgrade and associated landscape work, SE 9 -590, 187 Breakwater Road, 58/65 (4/25 ) . 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 to either deny Certificate of Compliance or require an RDA be filed for the additional decks and revegetation plan to re-establish functioning 50 foot buffer zone. Daniel Ojala, Down Cape Engineering, represents the applicant. Daniel clarifies that typical mitigation plantings are 1 : 1 . Daniel states that they will file an RDA soon , List of documents discussed at this hearing : a . 21 -320 Sullivan COC Request 10- 20- 21 Commissioner Bruce Evans moves to continue the hearing for Andrea Sullivan at 187 Breakwater Road to November 23, 2021 . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No . l 3 . Matthew Farrell, permit for coastal bank stabilization which was later approved under SE 9 - 1680, requesting a certificate of compliance for SE 9 - 1622 in which no work was completed , 41 Saints Landing, 50/30 (3/1 -5) . s CA explains no work was completed under SE 9- 1622. CA states all required documents and fees have been received . CA notes the violation of unpermitted cutting of two cherry trees on the property. CA recommends approving the Certificate of Compliance with requirement for restoration under SE 9 - 1680. List of documents discussed at this hearing : a. Request for CoC - SE 9 - 1622 - 41 Saints Landing b. Request for CoC - SE 9- 1622 - Cover Sheet Commissioner Bruce Evans moves to approve the Certificate of Compliance for Matthew Farrell at 41 Saints Landing . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes . The Commission is 5 — Yes, 0 — No. i Administrative Reviews I 1 . John Fazekas proposes to install a generator and two propane tanks within lawn at 179 Swamp Road 49/144 (18/29) . CA explains the activity as detailed in the Administrative Review application . CA notes that no cutting or clearing is needed for location of installation . CA recommends approving the Administrative Review. j i i List of documents discussed at this hearing : I a . Administrative Review. Installation of Generator and Propane Tanks. 2021 j Page 3 of 5 Conservation Commission Meeting Minutes — November 9, 2021 3 i Commissioner Bruce Evans moves to approve the Administrative Review for John Fazekas at 179 Swamp Road , Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No . 2 . Brewster Conservation Trust proposes to install additional sections of the existing split rail fence, native plantings, and the installation of 14 inch cedar shims for biomimicry at Ellis Landing Road 91 /43 ( 14/3 - 1 ) . Amy Henderson, Brewster Conservation Trust, represents the applicant. Amy explains the activity as detailed in the Administrative Review application . She notes that the fencing will hopefully prevent people from going into the dune. NR recommends adding native plantings to the application . CA recommends approving the Administrative Review as detailed, including the native plantings. List of documents discussed at this hearing : a . AdminReview_EIIisLanding_Biomimicry&Fence_10- 21 -21 Commissioner Bruce Evans moves to approve the Administrative Review for Brewster Conservation Trust at Ellis Landing Road . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No. Request for Minor Change to Plan 1 . Place, SE 9 - 1901 , 24 Captain Dunbar Road , 91 /47 (7/19), installation of underground utility line CA explains the applicants requests installation of underground utility line, all excavation work to be within existing roadway layout to connect to house. CA notes that all construction activities are cover by the existing permit, however if construction is to take place outside of the property boundary - the applicant will need to acquire a legal easement. CA recommends approving the Minor Change Request, i i List of documents discussed at this hearing : i a . Site Plan with Utility pole locations 10-22- 21 9 Commissioner Bruce Evans moves to approve the Minor Change for Place at 24 Captain Dunbar Road , Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin- yes. The Commission is 5 — Yes, 0 — No . r 2 . Chandler, SE 9 - 1857, 218 W H Besse Cartway, 83/63 (41 /36 -3), replacement of stone pathway and construction of retaining walls i CA describes the proposal as detailed in the request and site plan . CA recommends approving the Minor Change Request. List of documents discussed at this hearing : a . Minor Plan Change Request SE 9- 1857 - Chandler 11042021 b. Proposed Site Plan - 180 & 281 WH Besse Ctwy REV 11032021 c. MATHER- PAGE LA - CHANDLER - MASTER PLAN d . 0924-4AProposed Site Plan - Rev 11 -3 -2021 Commissioner Bruce Evans moves to approve the Minor Change for Chandler at 218 W H Besse Cartway, Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin- yes. The Commission is 5 — Yes, 0 — No . Request for Extension to Order of Conditions 1 . Brewster Conservation Trust, SE 9 - 18031 287 Stony Brook Road; 15/39 (21 /26 -3) . j Page 4 of 5 Conservation Commission Meeting Minutes — November 9, 2021 i 3 7 CA explains the project as detailed in the request. CA states the work is in compliance with the Order of Conditions and she recommends approving the Extension Request. List of documents discussed at this hearing : a . Extension Request, 287 Stony Brook Road , 10. 26. 2021 Commissioner Bruce Evans moves to approve the Extension to Order of Conditions for Brewster Conservation Trust at 287 Stony Brook Road , Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No. 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 she received correspondence from Stephen Brown on November 5, 2021 . CA notes that she will reach out to Brown to make him aware of the fact that he needs to attend Show Cause hearings. Commissioners raise concerns about the septic coming from unpermitted trailors. Bruce Bierhansjoins the meeting for public comment. Bruce states that Brown has been non-compliant with all of the requests from the commission and there is no indication that he has any intent to comply. Bruces requests that after November 12, 2021 for the commission to utilize all enforcement available. List of documents discussed at this hearing : a . Email Correspondence Following KP Law Letter, 11 . 5. 2021 2. Continued - Karam , 330 Main Street, 16/20 (21 /3049) , construction of addition, retaining walls and patios, vegetation clearing within 50 and 100 feet of inland wetlands CA states the department has received no new correspondence from Karam . Commissioner Bruce Evans moves to continue the Show Cause Hearings for Brown at 2628 Main Street and Karam at 330 Main Street to November 23, 2021 . Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes. The Commission is 5 — Yes, 0 — No. i i I Report of Natural Resources Director i NR reports department staff have been hard at work cleaning up after the storm. There doesn 't appear to be any significant damage to the beaches from the storm. Reminds commission of Town Meeting at Stony Brook School on Monday November 15, 2021 . Report of the Conservation Administrator CA introduces Andreana Sideris, the new Assistant to Natural Resources Director and Conservation Administrator. Adjourn the Meeting i Commissioner Bruce Evans moves to adjourn the meeting . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Gary Kaser — yes, Peter Wells — yes, Casey Chatelain — yes, Michael Tobin - yes . The Commission is 5 — Yes, 0 — No. Meeting adjourned at 6:43 P. M . 1 i 1i 1 Page 5 of 5 Conservation Commission Meeting Minutes — November 9, 2021 I 3