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HomeMy Public PortalAboutConservation Commission -- 2022-02-08 Minutes \\\\\0\\\\\111111111111(llll///Z /// gR, EWSrF ��i,, Town of Brewster Conservation Commission O� ,oFE`° Ep e9F �,'� 1657 Main St., Brewster, MA 02631 ; ; i�l _; f E4 1T) ';.Ifi CLERK 2 : `Q �N� conservation@brewster- ma .gov �O o _ ( 508) 896 - 4546 = ' �� , -Fr� 1GFIrAi � MEETING MINUTES CORVORAZEO ` Remote Participation Only February 8, 2022 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 . gov), Michael Tobin or Video recording (tv. brewster- ma . gov) . Chairman Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Gary Kaser, Peter Wells Commissioners Absent: 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 Public Comment / Citizens' Forum Peter Wells Abbreviated Notice of Resource Area Delineation Staff 1 . Paul Wallace filed an Abbreviated Notice of Area Delineation, requesting the Conservation Chris Miller, Commission 's determination as to boundaries of resource areas for 162 Underpass Road, 77/9 Natural Resources (26/ 10) . Director Noelle Aguiar, CA states the applicant has requested a continuance to February 22, 2022 . Conservation Administrator Documents presented : a . Request for Continuance to 2 . 22 . 22 Andreana Sideris, Assistant to Commissioner Bruce Evans moves to continue the hearing for Paul Wallace at 162 Underpass Road to Natural Resources February 22, 2022. Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — Director and aye, Casey Chatelain — aye, Michael Tobin — aye . The Commission is 5 — Aye, 0 — No . Conservation Administrator Requests for Determination of Applicability 1 . Andrea Sullivan requests determination as to whether the area — buffer zone to inland wetlands, and the work — deck expansion with added stairs, addition of smaller deck with rinse station and mitigation plantings — are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 187 Breakwater Road, 58/65 (4/25) . Daniel Ojala, Down Cape Engineering, Inc., represents the applicant. He describes the project as detailed in the application and site plan . Daniel proposes 425 sq ft of mitigation plantings to offset 403 sq ft of unpermitted deck/stair construction by a previous owner. Commissioners have no further comments . CA recommends setting conditions, which include: site visit and erosion controls in place prior to any construction work and survival or replacement of mitigation plantings throughout three growing seasons. CA recommends a determination of Negative 3, Negative 6 - Work to occur within the Buffer Zone but will not alter the Area Subject to Protection . Documents presented : a . 21 - 320 Sullivan RDA filing 1 - 14- 22 b . Site Photos . 2 . 3 . 22 1 Commissioner Bruce Evans moves to make a determination of Negative 3, Negative 6 - work to occur within the Buffer Zone but will not alter the Area Subject to Protection — in the case of Andrea Sullivan at 187 Breakwater Road . Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye. The Commission is 5 — Aye, 0 — No. 2 . Jesse and Stacy Blatz requests determination as to whether the area — buffer zone to inland wetlands, and the work — installation of a chain link fence and tree removal — are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 30 Bog Pond Road, 67/63 ( 16/78 - 34) . Paul Shea, Independent Environmental Consulting, Inc., represents the applicant. He describes the project updates as detailed in the updated site plan and narrative. There will be the removal of 7 trees, replanting of 8 native trees, and hand - removal of invasive English Ivy - to be replaced with native conservation grass mix. Commissioners have no further comments. CA recommends setting conditions, which include: site visit prior to work, erosion controls, photos prior to and following project activities, new site plan with stone patio . CA recommends a determination of Negative 3, Negative 6 - Work to occur within the Buffer Zone but will not alter the Area Subject to Protection . Documents presented : a . Draft Updated Site Plan for 2.8 .22 Commissioner Bruce Evans moves to make a determination of Negative 3, Negative 6 - work to occur within the Buffer Zone but will not alter the Area Subject to Protection — in the case of Jesse and Stacy Blatz at 30 Bog Pond Road . Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye. The Commission is 5 — Aye, 0 — No . 3 . Chilton -Allerton Village Association — Ocean Edge requests determination as to whether the area — buffer zone to inland wetlands, and the work — installation of drain lines to connect roof runoff which will discharge to a splash pad — are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Properties are 66, 70, 71 , 72, 73 & 74 Allerton Lane, 89/ 1 - 3735, 1 - 3734, 1 - 3730, 1 - 3733, 1 -3731 & 1 - 3732 (27/4200- 102, 4200101 , 4200- 97, 4200- 100, 4200 - 98, 4200- 99) . John O' Reilly, J . M . O ' Reilly & Associates, represents the applicant. He describes the project as detailed in the updated site plan and narrative. He states that they have gone out to the site to flag the Bordered Vegetated Wetland . All of the work is outside of the 50-foot buffer. Commissioners have no further comments. CA recommends setting conditions, which include: site visit prior to work, erosion controls, photos prior to and following project activities . CA recommends a determination of Negative 3, Negative 6 - Work to occur within the Buffer Zone but will not alter the Area Subject to Protection . Documents presented : a . Proposed Site Plan - Ocean Edge -Allerton RDA REV 01312022 b . RDA Application - 66- 74 Allerton Lane Ocean Edge - Drainage 01062022 Commissioner Bruce Evans moves to make a determination of Negative 3, Negative 6 - work to occur within the Buffer Zone but will not alter the Area Subject to Protection — in the case of Chilton-Allerton Village Association at 66, 70, 71 , 72, 73 & 74 Allerton Lane. Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye. The Commission is 5 — Aye, 0 — No . Page 2 of 7 Conservation Commission Meeting Minutes — February 8, 2022 Notices of Intent 1 . Continued - William and Diane O 'Connor propose to remove an existing dwelling and replace it with a new dwelling and addition, on and within 100 feet of coastal bank and isolated wetland, 108 Kingfisher Cartway, 91 / 11 (7/114) . Robert Perry, Cape Cod Engineering, represents the applicant. He describes the project as detailed in the updated site plan and narrative. Updates include : removal and replacement of patio area (214 sq ft), replacing existing patio (198 sq ft), and reconstruct dwelling with 30 sq ft cantilevered addition . Commissioners have no further comments . Documents presented : a . 2021 - 12 - 29 O ' Conner- revised 2022 -02-02Stamped b . O ' Connor. RestorationsketchPlan . REv 2.2 . 22 Commissioner Bruce Evans moves to approve the Final Order of Conditions for William and Diane O 'Connor at 108 Kingfisher Cartway. Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye , The Commission is 5 — Aye, 0 — No . 2 . Continued - James C. & Beverly Be Boyle propose to install and maintain a seasonal dock on and within buffer zone to inland wetlands, 70 Run Hill Road, 35/39 (36/ 102) . John O' Reilly, J . M . O'Reilly & Associates, represents the applicant. He states they do not have any additional comments to make regarding the Draft Order of Conditions. Commissioners have no further comments. Commissioner Bruce Evans moves to approve the Final Order of Conditions for James & Beverly Boyle at 70 Run Hill Road , Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye. The Commission is 5 — Aye, 0 — No . 3 . Continued we King 's Grant Homeowners Association, c/o Kim Kerlin propose to replace two sets of stairs with wider stairs and landings with benches and chair storage areas on and within 50 feet of coastal wetlands, on Crocker Lane, 58/49, 68/ 11 , 69/ 138 (5/990, 5/999, 5/992) . John O ' Reilly, J . M . O ' Reilly & Associates, represents the applicant. He describes the project as detailed in the updated site plans and narrative. Updates to the West Staircase includes: maximum width of 4 ft from outside to outside, 275 sq ft of mitigation plantings, and chair storage canteleivered off the lower section . Updates to the East Staircase includes: maximum width of 4 ft from outside to outside, eliminating two proposed benches, 155 sq ft of mitigation plantings, and lower section repositioned to fall within existing footprint. Commissioner' s comments/concerns: • Public comments received concerning the limit of work. o John responds that the limit of work is set to be 1 foot on either side of the stairway. He would be happy to stake the boundary prior to work. • The changes to the East and West Staircases have been made as requested . However, the property boundary and conditions should be addressed . CA states the staking of the boundary lines needs to be staked, currently three stakes at base of stairs (289 Crocker Lane side, western side) but none along eastern abutter. CA requests a construction protocol from John . Page 3 of 7 Conservation Commission Meeting Minutes — February 8, 2022 Cole, abutters to the East Staircase, join the meeting . He thanks John for agreeing to stake out the property boundary lines . He has concerns for the project as a whole, commenting the staircase is stable and questions if it needs to be replaced . The stairs are located on a steep part of the bank, he would like proper erosion controls in place . Kim Pearson, abutter to the East Staircase, joins the meeting . She raises concerns with the submitted Stormwater Report, specifically with the soil survey. Lisa Lebreque, Trustee of Privacy Preservation Trust, joins the meeting . She raises concerns with the submitted Stormwater Report, stating that the locus is mis - identified and King 's Grant HOA is listed as the property owner. She believes the existing posts should be re - used for the updated stairs. Benjamin Zehnder, Attorney, joins the meeting . He states the abutters were provided with the application at the time of filing and with supplemental materials . He requests the commission to move forward with the vote, as the applicant has met the standards for this type of project. Documents presented : a . Cover Letter 01312022 REV Plans - Kings Grant NOI b . East Stairway Proposed SP REV 01312022 - King ' s Grant NOI - 2 sheets c. Kings Grant - REVISED Stormwater Report d . King ' s Grant - Stormwater Check List and Report e. King ' s Grant Construction protocol f. Kings Grant Soil Information — stormwater g . West Stairway Proposed SP REV 01312022 - King ' s Grant NOI - 2 sheets Commissioner Bruce Evans moves to continue the hearing for King 's Grant Homeowners Association, c/o Kim Kerlin, on Crocker Lane to February 22, 2022 to Draft the Final Order of Conditions. Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye. The Commission is 5 — Aye, 0 — No . 4. Continued - 279 Crocker Lane Realty Trust propose a vegetation management plan, to include the removal of invasive species and replanting with native species, on coastal resource areas, 279 Crocker Lane, 69/6 (5/201 ) . CA states that as requested, the vistas have been flagged at the site and the two cherry trees are proposed to be pruned rather than flush cut . CA recommends approving the Final Order of Conditions. Commissioners have no further comments . Documents presented : a . Site Photos. 2 . 3 . 22 Commissioner Bruce Evans moves to approve the Final Order of Conditions for 279 Crocker Lane Realty Trust at 279 Crocker Lane. Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye . The Commission is 5 — Aye, 0 — No . Page 4 of 7 Conservation Commission Meeting Minutes — February 8, 2022 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 RDA submitted to cover the unpermitted structures has been submitted and approved . CA recommends issuing the Certificate of Compliance. Commissioner Bruce Evans moves to approve the Certificate of Compliance for Andrea Sullivan at 187 Breakwater Road . Roll call vote . Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye . The Commission is 5 — Aye, 0 — No . Extension to Order of Conditions 1 . Ocean Edge Resort LTD Partnership, SE 9- 1701 , 2907 Main Street, 90/ 160 ( 14/ 1 -49) CA states the project site is in compliance with the Order of Conditions. CA recommends approving the extension . Commissioner Bruce Evans moves to approve the Extension to the Order of Conditions for Ocean Edge Resort LTD Partnership at 2907 Main Street. Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye . The Commission is 5 — Aye, 0 — No . Show Cause Hearing 1 . Kerlin Crocker Lane Realty Trust, 217 Crocker Lane, 69/ 1 (5/206) , unauthorized cutting and clearing of native vegetation on and within 50 feet of a coastal bank CA states the Notice of Intent was submitted for vegetation management to include the removal of invasive species, planting of native species, and vista cutting on February 3 . CA recommends for the Commission to find the Enforcement Order Satisfied . Documents presented : a . Kerlin . NOI, forms Commissioner Bruce Evans moves to find the Enforcement Order for Kerlin Crocker Lane Realty Trust at 217 Crocker Lane Satisfied . Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye . The Commission is 5 — Aye, 0 — No . 2 . 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 CA states she is following - up with the contractor for next steps according to the Orders of Conditions . CA recommends continuing the hearing to February 22, 2022 . Commissioner Bruce Evans moves continue the hearing for Timothy Corcoran at 524 Crowell Is Bog Road to February 22, 2022 . Gary Kaser second . Roll call vote . Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye. The Commission is 5 — Aye, 0 — No . Page 5 of 7 Conservation Commission Meeting Minutes — February 8, 2022 3 . Continued - Brown, 2628 Main Street, 78/ 14 ( 15/ 113 - 2) Cutting and clearing of vegetation within 25 feet of inland wetlands as well as the placement of fill on and within 100 feet of inland wetlands CA states we have a letter from Environmental Consulting & Restoration, LLC stating that they have been hired by Mr. Brown to provide wetland delineation services, followed by a restoration plan . T.J . Hurrie, Attorney from the Law Offices of Bruce Bierhans, representing abutter Michael Jardus. Hurrie seeks clarification on Mr. Brown's cease and desist order and when erosion controls need to be in place. CA responds that according to the court order Mr. Brown has until February 20th to place erosion controls . Tina, grounds keeper on the Brown property, joins the meeting . Tina states there is an issue with a crushed culvert pipe, which is making water back- up on to Mr. Brown's property. Andrew Neil, grounds keeper on the Brown property, joins the meeting . Andrew expresses gratitude towards the work Mosquito Control did with cleaning up the ditches. Historically speaking, Andrew states the lack of care to the ditches has backed up the flow and created wetlands on the property. Andrew states he will send CA photos of erosion controls that are in place . Documents presented : a . Consultant Hired for Restoration and Delineations . 2 .7. 22 Commissioner Bruce Evans moves continue the hearing for Stephen Brown at 2628 Main Street to February 22, 2022 , Gary Kaser second . Roll call vote . Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye. The Commission is 5 — Aye, 0 — No . 4. Follow- Up Hearing - 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 the Department has not received any new correspondence from Karam . CA has referred hearing to Town Council and they will be taking necessary action to bring the property into compliance. Commissioner Bruce Evans moves continue the hearing for Karam at 330 Main Street to February 22, 2022 . Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye . The Commission is 5 — Aye, 0 — No . Administrative Reviews 1 . Franklin Hubbell propose the removal of five trees — four after-the-fact — and limbing of two trees at 17 Labrador Lane, 126/95 (29/87 - 1 ) CA states she was informed by the public about cutting on the property. The five trees that were removed were storm damaged . The remaining two trees are proposed for selective limbing , as they are a threat to health and safety due to storm damage . CA recommends approving the administrative review. Documents presented : a . Administrative Review. After-the-fact. 1 . 31 . 2021 Commissioner Bruce Evans moves to approve the administrative review for Franklin Hubbell at 17 Labrador Lane . Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye. The Commission is 5 — Aye, 0 — No . Page 6 of 7 Conservation Commission Meeting Minutes — February 8, 2022 Report of Natural Resources Director NR reports damage from the blizzard - we received about a foot of snow and some coastal erosion . DNR is working to restore sand that was washed away. Ground water table is still very low Report of the Conservation Administrator If there are any flooding issues with regards to a drainage ditch, swail, etc , CA recommends for you to get in touch with Mosquito Control to help restore flow. Review and Approval of Meeting Minutes 1 . December 28, 2021 Commissioner Bruce Evans moves to approve the meeting minutes for December 28, 2021 . Gary Kaser second . Roll call vote . Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye. The Commission is 5 — Aye, 0 — No. Adjourn the Meeting Commissioner Bruce Evans moves to adjourn . Gary Kaser second . Roll call vote. Bruce Evans — aye, Peter Wells — aye, Gary Kaser — aye, Casey Chatelain — aye, Michael Tobin — aye. The Commission is 5 — Aye, 0 — No . Meeting adjourned at 7: 11 P . M . Page 7 of 7 Conservation Commission Meeting Minutes — February 8, 2022