HomeMy Public PortalAboutConservation Commission -- 2021-12-14 Minutes \\\0\\\1111IIIIIIIIIIII//j�����
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�� MEETING MINUTES
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CORPORNI// 1%eak IIIIIIIN\\\\\\\\\\\\\\\\ \ December 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 maybe viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream brewster-ma . aov),
or Video recording (tv. brewster- ma . c) ov) .
Michael Tobin
Chairman Commissioners Present: Michael Tobin, Bruce Evans, Gary Kaser, Peter Wells
Commissioners Absent: Casey Chatelain
Casey Chatelam 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 Citizens' Forum
No citizens' forum at this time.
Staff Requests for Determination of Applicability (RDA)
Chris Miller,
Natural Resources 1 . James Kezer proposes native plantings to mitigate existing porch and extended driveway, 116 Fiddlers Lane,
48/40 (18/51 ) .
Director
John O' Reilly, J . M . O' Reilly & Associates, Inc., represents the applicant. John describes the project as detailed in the
Noelle Aguiar, application.
Conservation
Administrator Commissioners have no further comments.
Andreana Sideris, CA recommends a determination of Negative 3 and Negative 6, work to occur within the Buffer Zone but will not
Assistant to alter the Area Subject to Protection .
Natural Resources
Director and List of documents discussed at this hearing :
Conservation a . RDA Application - 116 Fiddlers Lane Brewster 11092021
Administrator b . Plot Plan - 116 Fiddlers Lane Brewster Kezer RDA 11092021
Commissioner Bruce Evans moves to make a determination of Negative 3, Negative 6 with the conditions of a site
visit prior to work, erosion controls, photos prior to and following project activities . Commissioner Gary Kaser second .
A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin — yes . The Commission
is4 — Yes, O — No.
2 . Mr. & Mrs. Shaby propose to construct three dormers to existing dwelling, 12 Widgeon Way, 126/28 (11 /21 -
32) .
CA states the applicant has requested a continuance to December 28, 2021 to update the site plan .
Commissioner Bruce Evans moves to continue the hearing for Mr. & Mrs. Shaby at 12 Widgeon Way to December 28,
2021 . Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — !
yes, Michael Tobin — yes. The Commission is 4 — Yes, 0 — No.
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Notices of Intent
1 . Josh and Sarah Brunelle propose to mow existing field twice annually within 50 ft buffer zone, on 169 Fiddlers Lane 48/35 ( 18/38)
and 0 Lower Road Rear 48/36 (18/28 -2) .
Matt Farrell, J . M . O' Reilly & Associates, Inc., represents the applicant. Matt describes the project as detailed in the application, narrative and site
plan . Matt notes that the property has historically been mowed .
CA suggests maintaining a defined buffer zone between field and river channel as areas bordering waterways provide protection, habitat, food
resources, and temperature moderation to species within water channel . CA recommends continuing to December 28, 2021 to Draft an Order
of Conditions ,
Sarah Brunelle, property owner, joins the meeting . Sarah is in favor of maintaining a defined buffer zone.
List of documents discussed at this hearing :
a . NOI App - Burnelle Parcel 36 & 169 Fiddlers Ln 11232021
b. Site Plan - Parcel 36 & 169 Fiddlers Ln - Brunelle NOI 11222021
Commissioner Bruce Evans moves to continue the hearing for Josh and Sarah Brunelle at 169 Fiddlers Lane to December 28, 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,
Michael Tobin — yes. The Commission is 4 — Yes, 0 — No .
2 . Jon and Ellen propose to remove existing dwelling and replace it with a new dwelling within the 50 ft buffer zone, upgrade sewage
system, and permitting the existing beach access stairs with continued maintenance, on 89 Byfield Cartway 50/8 (3/6) .
Matt Farrell, J . M , O'Reilly & Associates, Inc., represents the applicant. Matt describes the project as detailed in the application, narrative and site
plan. Matt notes the proposed project will replace 230 sq ft of lawn and 460 sq ft of invasive species with native plantings.
Commissioners have no further comments.
CA recommends continuing to December 28, 2021 to Draft an Order of Conditions.
List of documents discussed at this hearing :
a . NOI Application - 89 Byfield Ctwy - Gezotis 11232021
b . Proposed Site & SDS Plan - 89 Byfield Ctwy - Gezotis NOI 11192021
C, House Plans - Gezotis NOI 11232021
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Commissioner Bruce Evans moves to continue the hearing for Jon and Ellen at 89 Byfield Cartway to December 28, 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, Michael Tobin —
yes. The Commission is 4 — Yes, 0 — No.
3 . Continued The Besse Cartway Nominee Trust proposes re -installation and continued maintenance of a seasonal dock in the waters
of Long Pond, on 441 W H Besse Cartway 83/6 (41 /52 -2) .
John O' Reilly, J . M . O'Reilly & Associates, Inc., represents the applicant. John describes the project as detailed in the updated narrative and
updated site plan . The updated plan proposes a 24 ft long dock.
Commissioners have no further comments.
CA has sent out the Draft Orders of Conditions to the commissioners, John, and the applicant. CA recommends approving the Final Order of
Conditions.
List of documents discussed at this hearing :
a . 441 WH Besse Cart - Proposed Dock Site Plan - revised 12 -8- 2021
b . Draft Orders of Conditions. Dock. 441 W H Besse Cartway. SE 9- 1908
Commissioner Bruce Evans moves to approve the Final Order of Conditions for The Besse Cartway Nominee Trust at 441 W H Besse Cartway.
Commissioner Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin — yes. The
Commission is 4 — Yes, 0 — No.
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Conservation Commission Meeting Minutes — December 14, 2021
4. Continued Mark Pellegrini proposes the creation of a landscape barrier adjacent to Japanese Knotweed , on 1139 Stony Brook Road
47/2 (23/38) .
Mark Pellegrini, the applicant, joins the meeting . Mark describes the project as detailed in the application, narrative and site plan .
CA clarifies that the permit is for the creation and maintenance of the vegetated buffer, and the ability for hand removal or cutting within the
landscape barrier. CA recommends continuing to December 28, 2021 to Draft an Order of Conditions .
List of documents discussed at this hearing :
a . Notice of Intent. Buffer to Knotweed . 2021
b . Site Photos. 1139 Stony Brook Road , 7 .2 , 2021
Commissioner Bruce Evans moves to continue the hearing for Mark Pellegrini at 1139 Stony Brook Road to December 28, 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,
Michael Tobin — yes. The Commission is 4 — Yes, 0 — No .
Request for Certificate of Compliance
1 . Andrea Sullivan, septic system upgrade and associated landscape work, SE 9 - 590, 187 Breakwater Road, 58/65 (4/25) .
CA states the applicants have requested a continuance to February 8, 2022 to submit an RDA and update the site plan .
List of documents discussed at this hearing :
a . 21 -320 Sullivan Req to Continue to 2.8 .2022
Commissioner Bruce Evans moves to continue the hearing for Andrea Sullivan at 187 Breakwater Road to February 8, 2022 to receive an RDA
with an updated site plan. Commissioner Gary Kaser second . A roll call vote was taken. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes,
Michael Tobin — yes. The Commission is 4 — Yes, 0 — No.
Enforcement Order Ratification
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1 . Daniel Gaquin, 42 Warrens Road, 38/75 (2/33), unauthorized cutting and clearing of vegetation, operated machinery without erosion
control, disturbed areas not stabilized with erosion control netting — violation of Orders of Conditions SE 9- 1886
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CA states she was notified by a member of the public that there has been a substantial amount of activity at 42 Warrens Road . CA describes
the violations as detailed in the enforcement order and attached letter. CA notes that she has received correspondence from Crawford Land
Management showing some of the cut native trees which posed a risk to health and safety from storm damage .
Nick Crawford, Crawford Land Management, represents the applicant. Nick further explains the storm damage and apologizes for the sterilized
chopped straw not being present when CA conducted her site visit. About 80% of the area has since been covered with erosion control, plans
to finish the other 20% in the coming days. Wattles have been placed at the bottom of the entire coastal bank. Nick has since submitted a
monitoring report to the department. Nick sincerely apologizes for the violations.
Commissioners acknowledge that the project has been brought into compliance.
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CA states she conducted a site visit with Crawford Land Management. CA comments that an updated native planting plan should be submitted j
by January 11 , 2022 .
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List of documents discussed at this hearing : 1
a . Enforcement Order, 42 Warrens Road , SE 9 - 1886. 12. 10.2021
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Commissioner Bruce Evans moves to Ratify the Enforcement Order for Daniel Gaquin at 42 Warrens Road . Commissioner Gary Kaser second . A
roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin — yes. The Commission is 4 — Yes, 0 — No.
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Conservation Commission Meeting Minutes — December 14, 2021
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Show Cause Hearing
1 . Paul Zevon, 619 Slough Road, 10/76 (51 /8) Cutting and clearing of vegetation for the creation of an access path within 100 ft of
Elbow Pond
CA describes the violations as detailed in the violation notice , CA notes the path was maintained throughout the summer time,
which is a restricted time for cutting and clearing of vegetation . The department has no documentation showing that the path historically
existed or was permitted .
Lawrence Zevon, family member, joins the call . Lawrence states that this is not a new pathway. The path has been there for the 50 + years the
Zevon 's have owned the property. The path initially led to an area where an old row boat was left behind by the previous owner. Lawrence
states that they regularly used a game trail to cut through the woods in between properties. The combination of storms, flooding and high use
has created the existing path today. Lawrence states they cut one tree that posed a risk to health and safety as they walked along the pathway
through the woods.
Chairman Michael suggests for the Zevon 's to file for an RDA.
CA states the trail needs to be permitted with conditions that will allow maintenance along the trail .
List of documents discussed at this hearing :
a . Violation Notice, Vegetation Cleared for Path . 2021
No motion needs to be taken . Lawrence thanks the commission,
2 . Continued - Brown, 2628 Main Street, 78/ 14 (15/113 -2) Cutting and clearing of vegetation within 25 feet of inland wetlands
CA states she has correspondence with Town Council regarding the hearing for Brown . Town Council recommends the commission files an
enforcement action in Barnstable Superior Court. CA will issue fines for failure to comply with the enforcement order.
Commissioners are in agreement to file an enforcement action in Barnstable Superior Court.
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T.J . Hurrie, Attorney from the Law Offices of Bruce Bierhans, representing abutter Michael Jardus. Hurrie strongly urges the commission to
follow the guidance given from Town Council .
NR recommends for the commission to continue holding hearings for Brown, even though it is going to Barnstable Superior Court.
List of documents discussed at this hearing :
a . Email Correspondence With KP Law. 12 .2. 2021
Commissioner Bruce Evans moves to continue the Show Cause Hearing for Brown at 2628 Main Street to December 28, 2021 . Commissioner
Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin — yes. The Commission is 4 —
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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
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CA states the Town has filed a Civil Complaint with Barnstable Superior Court. No new information has been submitted . CA recommends
continuing the hearing .
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Commissioner Bruce Evans moves to continue the Show Cause Hearing for Karam at 330 Main Street to December 28, 2021 , Commissioner
Gary Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin — yes . The Commission is 4 —
Yes, 0 — No .
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Conservation Commission Meeting Minutes — December 14, 2021
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Administrative Reviews
1 . Andrew Staniar proposes the removal of two dead pine trees within a coastal bank at 280 Foster Road 79/27 (6/10)
CA describes the request as detailed in the application . CA has conducted a site visit and recommends approval .
List of documents discussed at this hearing :
a . Administrative Review Application . 280 Foster Road , 12 .8.2021 .
Commissioner Bruce Evans moves to approve the Administrative Review for Andrew Staniar at 280 Foster Road , Commissioner Gary Kaser
second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin — yes. The Commission is 4 — Yes, 0 —
No.
2 . Joe of A to Z Trees proposes the removal of one tree and limbing of one tree at 10 Alden Drive 56/88 (24/75)
CA describes the request as detailed in the application . CA has conducted a site visit and recommends approval .
List of documents discussed at this hearing :
a . Administrative Review Form. Removal and limbing of two cherry trees. 10 Alden Drive, 12.8. 2021
Commissioner Bruce Evans moves to approve the Administrative Review for Joe of A to Z Trees at 10 Alden Drive. Commissioner Gary Kaser
second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin — yes. The Commission is 4 — Yes, 0 —
No.
Request for Minor Change to Plan
1 . Robert Pierce, SE 9 - 1837, 137 Reggata Road 27/72 (22/7-2), update to the planting plan
CA describes the request as detailed in the application and site plan . CA recommends approving the updated planting plan .
Commissioners have no further comments.
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List of documents discussed at this hearing :
a . 20190930_Resto_Regatta Rd_137_BRE_REV2_SUB j
b . 20191126 Minor Change Request_Regatta Rd_137_BRE
C, Email Correspondence to NHESP. Minor Change Notice. 11 .27. 2019
Commissioner Bruce Evans moves to approve the updated planting plan for Robert Pierce at 137 Reggata Road . Commissioner Gary Kaser
second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin -, yes. The Commission is 4 — Yes, 0 —
No .
2 . Pineland Park Association, SE 9 - 1634, 0 Seaway Road 79/ 108 (6/21 ), change to include a storage shed
Mark Pesanelli, member of the Pineland Park Association, represents the applicant. Mark describes the request as detailed in the application
and site plan . Mark notes the shed is proposed in a location that is already approved for alteration, previously designated for a kayak rack.
Commissioner Gary and NR recommends to comply to building code while installing the shed .
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List of documents discussed at this hearing :
a . Minor Change Request, Shed , 0 Seaway Road
b. Site Plan . SE 9- 1634
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Commissioner Bruce Evans moves to approve the Minor Change to Plan for Pineland Park Association at 0 Seaway Road . Commissioner Gary
Kaser second . A roll call vote was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin — yes. The Commission is 4 — Yes,
0 — No.
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Conservation Commission Meeting Minutes — December 14, 2021
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Report of Natural Resources Director
Donald Schall, former Conservation Commissioner, passed away unexpedtedly after Thanksgiving . Chris acknowledges the impact Don had on
conservation with the Town of Brewster.
Report of the Conservation Administrator
No report at this time.
Review and Approval of Meeting Minutes
1 . July 13, 2021
2 . July 27, 2021
Commissioner Bruce Evans moves to approve the minutes for July 13, 2021 and July 27, 2021 . Commissioner Gary Kaser second . A roll call vote
was taken . Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Michael Tobin — yes. The Commission is 4 — Yes, 0 — No.
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, Michael Tobin — yes. The Commission is 4 — Yes, 0 — No.
Meeting adjourned at 7: 13 P. M .
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Conservation Commission Meeting Minutes — December 14, 2021