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Home My Public Portal AboutConservation Commission -- 2021-12-28 Minutes f� 111t11111iShtJfj Town of Brewster Conservation Commission p�t nF Fi. ;� 1657 Main St ., Brewster, MA 02631 conservation@brewster- ma .gov + U U ' # vii ( 508) 896- 4546 = MEETING MINUTES O,vao �Pon „Yeo ��`` Remote Participation Only 'rlfi FF°' 19 . ' 8°' »��%\ December 28, 2021 6:00 PM ., ll/J�t�Ilil1111191111\�,,.✓ 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. gov), Michael Tobin or Video recordingfty. brewster-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 Citizens' Forum No citizens' forum at this time. Staff Requests for Determination of Applicability Chris Miller, 10 + Continued - Mr. & Mrs. Shaby propose to construct three dormers to existing dwelling, 12 Widgeon Way, Natural Resources 126/28 (11 /21 -32). Director CA states the applicants are requesting a continuance to January 111 2022 to update the site plan . Noelle Aguiar, Conservation Commissioner Bruce Evans moves to continue the hearing for Mr. & Mrs . Shaby at 12 Widgeon Way to January 11 , Administrator 2022 to update the site 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. Andreana Sideris, Assistant to Natural Resources Notices of Intent Director and Conservation 1 . 279 Crocker Lane Realty Trust propose a vegetation management plan, to include the removal of invasive Administrator species and replanting with native species, on coastal resource areas, 279 Crocker Lane, 69/6 (5/201 ) . Nick Crawford, Crawford Land Management, represents the applicant, Nick describes the project as detailed in the application, narrative and site plan , Commissioners recommend pruning cherry trees instead of removing them. CA recommends marking out exactly where vista corridors should be and what is proposed to be removed . CA recommends pruning the cherry trees rather than removing them. List of documents discussed ; a . NOI Application - 279 Crocker Ln Brewster 12092021 b. Existing Conditions Plan - 279 Crocker Ln Brewster NOI 12092021 c, Bruno_Restoration Plan_2021 - 12-07_SLIBMITTED d . Bruno_LMP_2021 - 12-07 Commissioner Bruce Evans moves to continue the hearing for 279 Crocker Lane Realty Trust at 279 Crocker Lane to January 11 , 2022 to update the plan and 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 , Page 1 of 4 2 . Continued - 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) . CA states the Draft Orders of Conditions have been shared with the commissioners, representative and applicant, No questions or concerns have been brought up. CA recommends approving the Final Order of Conditions, List of documents discussed : a . Draft Orders of Conditions. Seasonal Wetland Mowing , SE 9 Commissioner Bruce Evans moves to approve the Final Order of Conditions for Josh and Sarah Brunelle at 0 Lower Road Rear and 169 Fiddlers 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. 3 , Continued - 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) • CA states the Draft Orders of Conditions have been shared with the commissioners, representative and applicant, No questions or concerns have been brought up, CA recommends approving the Final Order of Conditions. List of documents discussed ; a , Draft Orders of Conditions. 89 Byfield Cartway. SE 9 - 1910 Commissioner Bruce Evans moves to approve the Final Order of Conditions for Jon and Ellen at 89 Byfield Cartway. 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 - Mark Pellegrini proposes the creation of a landscape barrier adjacent to Japanese Knotweed, on 1139 Stony Brook Road 47/2 (23/38) . CA states the Draft Orders of Conditions have been shared with the commissioners, representative and applicant. CA emailed DEP on December 16, 2021 because the department has not yet received a DEP File Number, CA recommends continuing the hearing to January 111 2022 to receive a DEP File Number, List of documents discussed , a . Draft Orders of Conditions. Vegetation Management, 1139 Stony Brook Commissioner Bruce Evans moves to continue the hearing for Mark Pellegrini at 1139 Stony Brook Road to January 11 , 2022 . 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 . Malcolm and Marjorie Brodrick, sand nourishment and sand drift fencing, SE 9 - 1431 , properties 237, 217, 0, 257 and 267 Crocker Lane, 69/2 (5/206, 5/205, 5/204-51 , 5/202, and 5/203) . CA describes the permit as detailed in the Order of Conditions , CA states all required documents and fees have been submitted except for an 'as-built' plan, as all the properties have new permits for the same work; 237 Crocker Lane — SE 9 - 1597 for coir rolls, sand fence, nourishment; 217 Crocker Lane — SE 9= 1594 for coir rolls, sand fence, nourishment; 257 Crocker Lane — SE 9 - 1591 for coir rolls, sand fence, nourishment; 267 Crocker Lane — SE 9 - 1596 for coir rolls, sand fence, nourishment; 0 Crocker Lane — SE 9 - 721 for sand nourishment, CA recommends approvi 1ng the Certificate of Compliance for SE 9 - 1431 , Commissioners have no further comments, List of documents discussed ; a , Request for Certificate of Compliance. SE 9 - 1431 b . Extension Orders of Conditions. Sand Fence Beach Nourishment. 237, 217, 01 257, 267 Crocker Lane. SE 9- 1431 . Brodrick, Kerlin, Plansky, Schecter, Smith. 1 . 15 .2013 Page 2 of 4 Conservation Commission Meeting Minutes — December 28, 2021 1 Commissioner Bruce Evans moves to approve the Certificate of Compliance for Malcolm and Marjorie Brodrick at properties 237, 217, 0, 257 and 267 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 , 2 . Gerald and Christine Kehoe, construction of a dwelling and mitigation plantings, SE 9- 1733, 11 Sheep Pond Circle 73/3 (41 / 115) 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, Commissioners have no further comments. List of documents discussed : a $ COC Request. 11 Sheep Pond Circle Commissioner Bruce Evans moves to approve the Certificate of Compliance for Gerald and Christine Kehoe at 11 Sheep Pond Circle. 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 . Minor Change Request 1 . John and Susan Kauka3 request to replace approved retaining wall with railroad ties to provide access, SE 9 - 1546, 78 Old Red Top Road, 12/72 (38/116) CA describes the request as detailed in the application and site plan . CA recommends approving the Minor Change Request. List of documents discussed : a , Minor Change. Request, Retaining Wall , 78 Old Red Top Road . 12 . 2021 Commissioner Bruce Evans moves to approve the Minor Change Request for John and Susan Kaukas at 78 Old Red Top 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. I Enforcement Order Ratification 1 . Timothy Corcoran, 524 Crowell 's Bog Road, 72/36 (41 /84), unauthorized cutting and clearing of native vegetation, operated machinery without erosion control — violation of Orders of Conditions SE 9 - 1873 i CA states she was notified by a member of the public that there has been cutting and clearing at 524 Crowell 's Bog Road . CA describes the violations as detailed in the enforcement order and letter. CA received correspondence that the work has stopped and she will conduct a site i visit within the next few Weeks. Commissioners have no further comments , List of documents discussed : a . Enforcement Order. 524 Crowells Bog Road Commissioner Bruce Evans moves to Ratify the Enforcement Order for Timothy Corcoran at 524 Crowell 's Bog 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. i i i I Page 3 of 4 Conservation Commission Meeting Mintes — December 28, 2021 I 1 i 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 that Brown has a hearing with the Barnstable Superior Court on January 6, 2022 . CA recommends continuing the hearing to January 11 , 2022, Commissioner Bruce Evans moves to continue the Show Cause Hearing for Brown at 2628 Main Street to January 11 , 2022. 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, 6� No. 2 . Continued - Karam, 336 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 she has received no new correspondence from Karam . CA will follow up with Town Council on the proceedings of this hearing . Commissioner Bruce Evans moves to continue the Show Cause Hearing for Karam at 330 Main Street to January 11 , 2022. 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 reports the Town of Brewster has reinstated the mask requirement in town buildings. NR reports the Oyster Grants are bringing in their cages from Ellis Landing and ManYs Landing . The department has collected about half of the Towns' oysters, and plan; to collect the rest throughout the week. The Town is asking for volunteers to serve on two committees for the Sea Camps properties. Report of the Conservation Administrator The department has come across more violations of cutting and clearing along coastal bank, Violations to be ratified at next meeting . Review and Approval of Meeting Minutes 1 . August 10, 2021 2. August 24, 2021 3. September 14, 2021 4. September 28, 2021 Commissioner Bruce Evans moves to approve the meeting minutes as listed above. 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 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 6:30 P. M . Page 4 of 4 Conservation Commission Meeting Minutes — December 28, 2021 1