HomeMy Public PortalAboutConservation Commission -- 2022-01-25 Minutes Town of Brewster Conservation Commission
1657 Main St., Brewster, MA 02631
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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: 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 Discussion/ Presentation
1 . Town of Brewster's Open Space and Recreation Plan
Staff
Chris Miller, Krista Moravec, with Horsely Witten Group, presents the Brewster Open Space & Recreation Plan to the
Natural Resources commission . Krista seeks a letter of support from the commission .
Director
Noelle Aguiar, Commissioner's comments/concerns :
Conservation
• Making connections from residential areas to resource areas would be a positive change, i . e .
Administrator sidewalks and bicycle paths .
• Would be beneficial to add access points for residents to access conservation lands, i . e. there are a
Andreana Sideris, lot of ponds around Brewster, yet there are limited fishing access points.
Assistant to
Natural Resources Document presented :
Director and a . 220125_Brewster_OSRP_ConCom
Conservation
Administrator
2 . Updated restoration plan per Orders of Conditions SE 91886, for Gaquin at 42 Warrens Road,
38/75 (2/33 )
Nick Crawford of Crawford Land Management and Angela Tanner of Jenick Studio Landscape
Architecture join the meeting to represent the applicant. Angela describes the updates to the plan as
described in the narrative and updated site plan . Angle notes the addition of 4 native trees and 20
native shrubs to the previously approved restoration plan .
Commissioners have no further comments .
CA recommends approving the updated restoration plan for 42 Warrens Road .
Documents presented :
a . Gaquin_Restoration_Plan_2022_01 - 12_REVISED
b . Email Correspondence for Updated Planting Plan , 1 . 18. 22
Commissioner Bruce Evans moves to approve the updated restoration plan for Gaquin at 42 Warrens
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 .
1
Requests for Determination of Applicability
1 . 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 with Independent Environmental Consultants joins the meeting . Jesse Blatz, property owner, joins the meeting . Paul
describes the project as detailed in the application, narrative, and site plan . The fencing is proposed to be a 6-foot black chain
link fence . Paul proposes the removal of 5 trees and 5 saplings within the 50 to 100 foot buffer zone, and the removal of
English Ivy in the project area .
Commissioner's comments/concerns :
• What footings will be used to support the chainlink fence — Paul believes the footing will be metal posts. NR
comments the chainlink fence will most likely be installed using a bag of concrete as a footing .
• Why do the trees have to be removed — Jesse states the trees are not healthy and potentially pose a risk to health and
safety. Jesse is willing to plant mitigation plantings, if the Commission suggests that.
• Issues with dog waste run - off — Jesse states
• There is a lot of potential for stormwater impacts with the removal of trees and English Ivy, would be beneficial to the
area to have mitigation plantings .
CA recommends hiring a licensed arborist to assess the health of the trees on the property. CA states that typically the
Commission requires mitigation planting of 1 : 1 , so she suggests submitting a revegetation plan .
NR states that getting the English Ivy under control would be beneficial to the homeowners and neighboring properties .
Paul Shea requests a continuance to February 8, 2022.
Documents presented :
a . RDA. 30 Bog Pond Road . 1 . 6. 2022
Commissioner Bruce Evans moves to continue the hearing for Jesse and Stacy Blatz at 30 Bog Pond Road to February 8, 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 .
2 . 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, 4200 - 101 , 4200- 971 4200 - 100, 4200 - 98, 4200 -
99) .
CA states she conducted a site visit and reviewed previous applications for this property. She found that the channel doesn't
have a Bordering Vegetated Wetland ( BVW) which was depicted in the old plan on record, but not on the new plan . She
sampled the area using soil cores and found that the wetland area extends beyond the limitations of the stream . The
applicants requested a continuance to February 8, 2022 to address the concerns .
Documents presented :
a . Continuance Request to 2. 8. 22
Page 2 of 8
Conservation Commission Meeting Minutes — January 25, 2022
Commissioner Bruce Evans moves to continue the hearing for Chilton -Allerton Village Association to February 8, 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 .
3 . Continued — Mr. & Mrs. Shaby propose to construct three dormers to existing dwelling, 12 Widgeon Way, 126/28
( 11 /21 - 32) .
CA states she has not received new correspondence from the applicant or representative . CA recommends a determination of
Negative 3 and Negative 6 with conditions of a site visit prior to work, erosion controls put in place and photos prior to and
following project activities . CA will send a violation letter to the property owner letting them know they need to file a new
application with the stone patio .
Commissioners have no further comments .
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 — with conditions stated by the CA for Mr. & Mrs , Shaby at 12 Widgeon Way,
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 .
Notices of Intent
1 . William and Diane O ' Connor propose a knock down rebuild of a single family dwelling, addition, and patio on within
100 buffer of coastal bank and isolated wetland, 108 Kingfisher Cartway, 91 / 11 (7/ 114) .
Robert Perry, Civil Engineer at Cape Cod Engineering, represents the applicants. Robert describes the project as detailed in the
application, site plan and restoration plan . Robert notes that the unpermitted patio area will be revegetated .
Commissioner's comments/concerns :
• Clarification on foundation
o The foundation will be new foundation without footing
CA shows concern for vegetation being pruned for a vista . Homeowners will need to apply for a vista cutting permit if they
wish to establish vista corridors.
Documents presented :
a . NOI. 108 Kingfisher Lane
Commissioner Bruce Evans moves to continue the hearing for William and Diane O'Connor at 108 Kingfisher Cartway to
February 8, 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 .
2 . James C. & Beverly B . 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, Inc, represents the applicant. John describes the project as detailed in the application,
narrative, and site plan . John notes the seasonal dock would consist of three aluminum parts, each 8 ft by 4 ft extending about
24 ft in to Lower Mill Pond and supported with posts.
Commissioners have no further comments .
Page 3 of 8
Conservation Commission Meeting Minutes — January 25, 2022
NR and CA suggest incorporating path maintenance/erosion control for the path leading down to the dock into the
application .
Documents presented :
a . NOI. 70 Run Hill Rd
b . Site Photos . 1 . 19 . 22
Commissioner Bruce Evans moves to continue the hearing for James C . & Beverly B . Boyle at 70 Run Hill Road to February 8,
2022 to draft an 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 .
3 . 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, Inc, represents the applicants. Attorney Benjamin Zehnderjoins the hearing . The
president, Kim Kerlin, of the King 's Grant Homeowners Association Board and members — Bruce Bohlen, Jane Taglieri, Mark
Bowmen and Stew Forestam — join the meeting .
John describes the project as detailed in the application, narrative and site plan . Two staircases are proposed, an east staircase
and west staircase.
East Staircase Discussion
John states:
Make staircase wider for two people to be able to pass each other, 4 inches from internal railing to internal railing , 4 ft 10
in , is total width
- Proposed posts are 4'x6' that will be hand dug , 40-48 inches below grade
Two benches to be added for rest points, would not require additional posts
- Elevating the last landing over dune area for chair storage underneath the landing
There will be no removal of trees, however trimming will be necessary for the construction of the stairs
Revegetation and stabilization measures will be used
Commissioner' s comments/concerns:
• Privacy Preservation Trust, Lisa Labrec, trustee and owner of the property is against the work - is the Commission
allowed to discuss this matter
o Attorney Benjamin Zehnder states there are legal documents that create the easement rights of the
association owners to maintain the stairway
o Recent documents state the maintenance of the stairs is placed onto the association itself. (email to CA)
o Easement holder is the holder of the property interests, is entitled to apply for, relief from this board even
over the objection of the underlying property owner
o CA states the department received correspondence from Town Council — refer to document
• Concerns with the proposed width of the stairs; Commission suggests 48 total width to protect resource areas
• Narrow stairs are safer, you are able to hold on to both sides of the railing
CA notes most of the stairway is currently 28 inches to 35 inches wide . The Commission typically permits stairs to be about 3 ft
wide, inside railing to inside railing . There is significantly more structure proposed within coastal resource area than existing
structure, including a large flat landing and benches. CA recommends adding storage to the side of the structure instead of
underneath the bottom landing . CA proposes a cantelievered bench where the existing landing exists , CA notes the significant
erosion on the bank, as seen near stair posts .
Page 4 of 8
Conservation Commission Meeting Minutes — January 25, 2022
Attorney Benjamin Zehnder recommends the commission to consider the number of people who will be using the stairs .
Kim Kerlin, the president of King 's Grant Homeowners Association Board, comments on safety concerns with the stairs and lack
of visibility in the summer when the trees are flourishing .
Kim Pearson, abutter to east staircase and member of the King ' s Grant Homeowners Association, joins the meeting . Kim agrees
that the eastern stairs should be upgraded, however she has some concerns that the proposed project would cause adverse
impacts to the coastal bank and dune . Kim requests for the property boundary to be properly staked, detailed information on
where and how much pruning will take place, and for the project to come into compliance with the MassDEP Stormwater
Management Standards .
NR recommends canteleivering beach storage off of one side of the railing, instead of having the storage underneath the
landing . This will allow the dune to migrate underneath and minimize foot traffic on coastal resource areas .
Lisa Labrec, Trustee of the Privacy Preservation Trust, joins the meeting . She requests the commission to consider the western
stairs, as they are more accessible and is the main point of access for the association .
West Staircase Discussion
John states :
- Removing existing structure and moving it westerly to keep the stairs within the property lines
- The top landing is proposed to be larger than existing footprint
- Will be planting beach grass to stabilize the area after construction
Commissioner' s comments/concerns :
• Bottom landing is large
o Elevate the boardwalk to allow the dune to migrate underneath the stairs
• Why are the stairs shifting to the left?
o John responds the current stairs partially exist on private property
• If the stairs are going further out onto the beach, will they be removable ?
o The stairs will stop just before the end of the dune. The stairs will not be exposed on to the coastal beach .
o Commissioner recommends making the bottom landing removeable.
o The stair case is used year- round
• Commissioners recommend keeping the outside dimension of the stairs within 4ft, rail to rail .
• Commissioner requests calculations of the increase in square footage
CA recommends using the existing storage outside of jurisdiction, and remove storage area proposed underneath the stairs .
Doing this will allow the dune to migrate naturally underneath the stairs, without being disturbed .
Kim Kerlin states that a portion of the existing stairs are on her property, she would be grateful if the stairs were moved off of
her property. Kim comments on the accumulation of sand on the existing beach stairs, the purpose of the proposed landing is
to move the stairs up and out of the dune .
Kim Pearson raises concern on if the project is in compliance with MassDEP Stormwater Management Standards.
Documents presented/discussed :
a . NOI. King ' s Grant Beach Access Stairs
b . Legal Cousel Advice Regarding Property Rights
c. Site Plans . Kings Grant Stairs
Page 5 of 8
Conservation Commission Meeting Minutes — January 25, 2022
d . Email from Ben Zehnder Regarding Property Rights . 1 .8. 22
e. Site photos 1 . 19 . 2022
Commissioner Bruce Evans moves to continue the hearing for King 's Grant Homeowners Association, c/o Kim Kerlin, on
Crocker Lane to February 8, 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. 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 the applicant has requested a continuance to February 8, 2022. The vistas need to be staked out on the
property.
Documents presented :
a . 279 Crocker Ln - Hearing Continuance Request Letter 1 - 25 - 22
Commissioner Bruce Evans moves to continue the hearing for 279 Crocker Lane Realty Trust at 279 Crocker Lane to February 8,
2022 to mark the vistas on the property. 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 .
Enforcement Order Ratification
1 . Brown, 2628 Main Street, 78/ 14 ( 15/ 113 - 2) Cutting and clearing of vegetation as well as the placement of fill on and
within 100 feet of inland wetlands
CA describes the violation as detailed in the Enforcement Order,
Stephan Brown, property owner, joins the meeting . He explains he believe from Mosquito Control that he could replace/fix the
culvert pipe. He now understands that his actions do not comply with Brewster' s Wetlands Protection By- law & Regulations,
along with his pre- existing cease-and -desist order. Stephan states that he has ordered erosion control materials and seeks
guidance on how to place the controls.
CA states that Brown needs to comply with the court order to submit a Restoration Plan by February 20, 2022. CA notes that
she has not received correspondence from a representative or engineer who will be working on the project.
Documents presented :
a . Enforcement Order Form 9
b . Aerial Imagery and Mosquito Site
c. Mosquito Control List of Activities , December 2021 . On Site
i
Commissioner Bruce Evans moves to ratify the enforcement order for Mr. Brown at 2628 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 .
Page 6 of 8 '
Conservation Commission Meeting Minutes — January 25, 2022
Show Cause Hearings
1 . Brown, 2628 Main Street, 78/ 14 ( 15/ 113 - 2) Cutting and clearing of vegetation as well as the placement of fill on and
within 100 feet of inland wetlands
Commissioner Bruce Evans moves to continue the show cause hearing for Mr. Brown at 2628 Main Street to February 8, 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 .
2 . 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
Bill Kerlin, property owner, states that he hired someone to prune beach plum trees . He acknoldges that he should have had a
permit and apologizes for not following the proper protocols . He has hired Ponderosa Landscaping Inc. to help with a
Restoration Plan ,
Charles Wentz, Ponderosa Landscaping Inc., joins the meeting . He explains that there has been a significant pruning of trees on
the property. He proposes invasive species removal and native plantings. He has submitted a Notice of Intent application to
the Conservation Department.
Documents presented :
a . Kerlin . NOI. forms
Commissioner Bruce Evans moves to continue the show cause hearing for Kerlin Crocker Lane Realty Trust at 217 Crocker Lane
to February 8, 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 .
3 . Continued - 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 that she has visited the site and John O ' Reilly has re - marked the work limit. There were two trees removed that were
not originally permitted . The erosion controls are to be put in place, the work notice will be sent out, and the site visit will be
conducted .
Documents presented :
a . Email Regarding Resolution Site Visit. 1 .24. 22
Commissioner Bruce Evans moves to continue the show cause hearing for Timothy Corcoran at 524 Crowell 's Bog Road to
February 8, 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. Continued - Karam, 330 Main Street, 15/20 (21 /3019) , construction of addition, retaining walls and
patios, vegetation clearing within 50 and 100 feet of inland wetlands
CA states she has correspondence with Town Council . Town Council will be taking legal action ,
Commissioner Bruce Evans moves to continue the show cause hearing for Karam at 330 Main Street to February 8, 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 7 of 8
Conservation Commission Meeting Minutes — January 25, 2022
Administrative Reviews
1 . John and Joan Sundermlier propose the removal of two trees, and limbing of another two trees at 70 Marshview Lane
127/ 10 ( 10/20 - 77)
CA states that she has conducted a site visit and the trees have been assessed by a certified arborist. The propoaed selective
limbing and removals are necessary for health and safety. CA recommends approving the administrative review application .
Documents presented :
a . Administrative Review Application , Tree Removal , 1 . 18 . 2022
Commissioner Bruce Evans moves to approve the administrative review for John and Joan Sundermier at 70 Marshview 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 .
Report of Natural Resources Director
Chris states that Brewster Department of Natural Resources will be filing a Notice of Intent to rebuild the Long Pond Boat Ramp . A
public meeting was held to discuss the project with town residents.
Report of the Conservation Administrator
No report at this time.
Review and Approval of Meeting Minutes
1 . October 26, 2021
2 . November 9, 2021
3 . November 23, 2021
4. December 14, 2021
Commissioner Bruce Evans moves to approve the meeting minutes for October 26th, November 9th, November 23 'd, and
December 141h 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 the meeting . 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 8 :44 P . M .
Page 8 of 8
Conservation Commission Meeting Minutes — January 25, 2022