HomeMy Public PortalAboutConservation Commission -- 2022-02-22 Minutesl
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Conservation
Commission
Michael Tobin
Chairman
Casey Chatelain
Vice Chair Person
Commissioners
Bruce Evans
Gary Kaser
Peter Wells
Staff
Chris Miller,
Natural Resources
Director
Noelle Aguiar,
Conservation
Administrator
Andreana Sideris,
Assistant to
Natural Resources
Director and
Conservation
Administrator
Town of Brewster Conservation Commission
1657 Main St., Brewster, MA 02631
conservation@brewster-ma.gov
(508) 896-4546
MEETING MINUTES
Remote Participation Only
February 22, 2022 6:00 PM
BREWS T E" TM CLERK.
This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in -person meeting attendance
will be permitted, If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town
website as soon as possible.
The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.hrewster _m moo_ ),
or Video recording (
Commissioners Present: Casey Chatelain, Bruce Evans, Gary Kaser, Peter Wells
Commissioners Absent: Michael Tobin
Staff Present: Noelle Aguiar (CA), Chris Miller (NR)
Call to Order
Meeting Declaration of Participation Statement
Public Comment / Citizens' Forum
Discussion
1. Brewster Housing Production Plan Update — Jill Scalise, Housing Coordinator
Jill Scalise, Housing Coordinator for the Town of Brewster, joins the meeting to discuss an update to the
Brewster Housing Production Plan. The Housing Production Plan is mandated by the State of
Massachusetts for towns to complete updates every 5 years. Brewster's last Housing Production Plan
was completed in 2017 and is due to expire at the end of June in 2022. Jill states the accomplishments
of the Town within the past 5 years. The Town has hired Barrett Planning Group with a grant from the
Community Preservation Act to assist with the next Housing Production Plan. Jill invites the
Commissioners to join small group interviews regarding the plan. Jill states there will be a survey going
out to all Brewster Residents.
Abbreviated Notice of Resource Area Delineation
1. Continued - Paul Wallace filed an Abbreviated Notice of Area Delineation, requesting the
Conservation Commission's determination as to boundaries of resource areas for 162 Underpass
Road, 77/9 (26/10).
CA states as of Friday February 11, 2022 Paul Wallace, the applicant, requested via email to withdraw the
applicant without prejudice. CA recommends approving the request.
Commissioners have no further comments.
Commissioner Bruce Evans moves to approve the withdraw without prejudice request for Paul Wallace
of 162 Underpass Road. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells --
yes, Gary Kaser — yes, Casey Chatelain — yes. The Commission is 4 — Yes, 0 No.
Requests for Determination of Applicability
1. Carolyn Colgate requests determination as to whether the area - buffer zone to inland wetlands,
and the work - replace existing treads, rails and decking and add balusters to the lower deck and
stairway - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property
is on 75 Johnson Cartway, 61/20 (49/55).
1
Carolyn Colgate, the applicant, describes the project as detailed in the narrative, application and site plan. CA recommends a
determination of Negative 3, Negative 6 - with the conditions of a site visit prior to any work, photos prior to and following
project activities, all work completed by hand, appropriate material (untreated wood, "ACQ" chemically treated wood, or plastic
wood substitute).
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 the conditions as mentioned for Carolyn Colgate at 75 Johnson Cartway.
Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes.
The Commission is 4 — Yes, 0 — No.
2. Brewster Department of Natural Resources requests determination as to whether the area — inland wetlands, and the
work — to place a public kayak/SUP/canoe rack at Sheep Pond, 0 Fisherman's Landing Road, 62/22 (40/19-8).
Chris Miller, Natural Resources Director, describes the project as detailed in the narrative, application, and site plan. The kayak
rack will be similar to others in town and will be part of the yearly kayak lottery.
Commissioners have no further comments.
CA recommends a determination of Negative 3, Negative 6 - with the conditions of a site visit prior to any construction work,
photos prior to and following project activities, work to be completed by hand, appropriate material (untreated wood, "ACQ"
chemically treated wood, or plastic wood substitute).
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 the conditions as mentioned for Brewster Department of Natural
Resources at 0 Fisherman's Landing. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary
Kaser — yes, Casey Chatelain — yes. The Commission is 4 — Yes, 0 — No.
Notices of Intent
1. Town of Brewster proposes to redesign the boat ramp and parking lot as well as to regrade and install stormwater
retrofits along the parking lot, on and within 100 feet of inland wetlands at 0 Long Pond Landing, 61/9 & 26 (49/16 &
25-1).
Conor Kenny - Project Manager for the Town of Brewster, Griffin Ryder - Director of the Department of Public Works, Mark
Nelson and Amy Ball — Horsley Witten Group describe the project as detailed in the narrative, application and site plans. Conor
states there have been two public meetings to discuss the project, the comments received have been incorporated into
tonight's presentation.
Griffin points out some flaws of the existing boat ramp — pavement has weathered over time — in some areas it is unraveled,
there are chunks of pavement on the ramp within the water, existing pavement is cracked and weathered which can cause
accessibility issues. Griffin notes they are looking to maintain the existing kayak racks and picnic areas. Griffin notes the lack of
existing stormwater drainage — as it is currently, the water pools in the parking area and flows down into the pond.
Mark points out some of the major proposals, including: parking for six boat trailers with vehicles, floating dock next to boat
ramp, and stormwater management.
Amy notes the four wetland resource areas that are present on the site: Bordering Vegetated Wetland, Inland Bank, Land
Subject to Flooding, and Land Under a Waterbody. Amy notes that they are awaiting NHESP input for the project.
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Conservation Commission Meeting Minutes — February 22, 2022
Commissioner's comments/concerns:
• The parking for the trailors is a good idea, however it may be better to have a pull through for backing up with a
trailor from the parking spot.
• The parking area is a large impervious surface, would it be possible to have the parking be a pervious surface?
o Mark Nelson comments that the depth to water in this area is very shallow, making a pervious long lasting
structure would be difficult.
• Possibility of a seasonal dock rather than a permanent dock.
o Permanent dock provides safe access in and out of your vessel year round
o Town -wide benefit for access to the pond
CA states in this case the dock is an essential accessory to a permanent structure, i.e. the boat ramp, which is why the dock
needs to be a permanent structure.
Commissioner Bruce Evans moves to continue the hearing for the Town of Brewster at 0 Long Pond Landing to March 8, 2022
to draft the Order of Conditions and await feedback from NHESP and the Stormwater Bylaw. Commissioner Gary Kaser second.
Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes. The Commission is 4 — Yes, 0 — No.
2. William Kerlin proposes to remove invasive species, plant native species, and vista prune within 50 and 100 feet of
coastal wetlands at 217 Crocker Lane, 69/1 (5/206).
Charles Wentz, Ponderosa Landscaping, Inc., represents the applicant. He describes the project as detailed in the narrative,
application, and site plan. Charles notes native plantings are proposed to be installed and where invasive species are to be
controlled.
Commissioners have no further comments.
CA comments that the proposed changes will be beneficial to the coastal resource areas. CA recommends continuing the
hearing to draft an Order of Conditions.
Commissioner Bruce Evans moves to continue the hearing for William Kerlin at 217 Crocker Lane to March 8, 2022 to draft an
Order of Conditions. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes,
Casey Chatelain — yes. The Commission is 4 — Yes, 0 — No.
3. Continued - 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).
CA states the department received a construction protocol and updates to the stormwater report from J.M. O'Reilly &
Associates, Inc. CA has received feedback regarding the Draft Order of Conditions. Feedback includes: to change the
responsible party from the owner to the applicant, clarity for marking property boundary, and to change 'right of way' to 'right
of use and access.'
John O'Reilly, J.M. O'Reilly & Associates, Inc., represents the applicant. He provides feedback to the Draft Order of Conditions.
John shows concern for the condition which states property boundary lines shall be staked every 5 feet, CA states the bank is
very steep and the commission wants to be sure the work is strictly limited within the property boundaries. Commissioners
recommend using string in between stakes.
Lisa Labrec, Trustee of the Privacy Preservation Trust and property owner. Lisa states she has hired a land surveyor who has
already started the work. The survey should be completed by early March.
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Conservation Commission Meeting Minutes — February 22, 2022
Cole, abutting property owner, joins the meeting for public comment. He seeks clarification as to why the property boundary
lines were not staked prior to the first Conservation Commission meeting. John responds saying the proposed structure was
placed. Vice Chairperson, Casey, clarifies the property boundaries will be staked prior to work taking place and will be verified
as such by the CA.
Kim Pearson, abutter to east staircase and member of the King's Grant Homeowners Association, joins the meeting for public
comment. She requests the property boundary lines to be staked before the Draft Order of Conditions are approved. Vice
Chairperson, Casey, clarifies the property boundaries will be staked and stringed the whole way to ensure no work will happen
on private property.
Commissioner Bruce Evans moves to approve the Order of Conditions for King's Grant Homeowners Association on Crocker
Lane. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain —
yes. The Commission is 4 — Yes, 0 — No.
4. 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).
CA states the applicant is requesting a continuance to March 22, 2022.
Attorney Benjamin Zehnder states this site poses a significant delineation challenge. Difficult site. The reason for delays was
trying to get an engineer on -site. Site visit with CA January 27th. Updates coming March 22, 2022.
Commissioners have no further comments.
Commissioner Bruce Evans moves to continue the hearing for Walter Harris at 19 Muskrat Lane to March 22, 2022.
Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes.
The Commission is 4 — Yes, 0 — No.
Requests for Minor Change to Plan
1. Timothy Corcoran requests to make changes to the pool footprint, reduce the size of the patio and add two trees to
the mitigation planting plan, SE 9-1873, 524 Crowell's Bog Road 72/36 (41/8-4).
CA describes the changes as seen on the updated site plan. The applicant is reducing the pool footprint by 524 sq ft. A portion
of the pool patio is to be removed, resulting in a net reduction of 874 sq ft. CA recommends approving the minor change to
plan.
Commissioners have no further comments.
Commissioner Bruce Evans moves to approve the request for minor change to plan for Timothy Corcoran at 524 Crowell's Bog
Road. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain —
yes. The Commission is 4 — Yes, 0 — No.
2. Ocean Edge Resort requests to replace two damaged trees and their stumps with native trees and plant grasses to re -
stabilize affected areas, SE 9-1530, Nickerson Lane 90/154 (14/1).
CA states that two trees have been removed due to storm damage, erosion controls are already in place. The applicant is
wanting to replace the two damaged trees and restore the area with grass plantings. CA recommends approving the minor
change to plan.
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Conservation Commission Meeting Minutes — February 22, 2022
Bruce states that he is not going to recuse himself on the vote, as the project regards the condo development and not the Club
at Ocean Edge Resort.
Commissioner Bruce Evans moves to approve the request for minor change to plan for Ocean Edge Resort at Nickerson Lane.
Commissioner Gary Kaser second, Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes.
The Commission is 4 — Yes, 0 — No.
3. Ocean Edge Resort requests to replace damaged wooden portions of the OE II Boardwalk with composite decking and
railings, SE 9-1701, 2907 Main Street 90/160 (14/1-49).
CA states the proposed alteration is to remove and replace by hand and in the same footprint existing beach access boardwalk
with composite material. CA recommends approving the minor change to plan.
Commissioners have no further comments.
Commissioner Bruce Evans moves to approve the request for minor change to plan for Ocean Edge Resort at 2907 Main Street.
Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes.
The Commission is 4 — Yes, 0 — No.
Show Cause Hearing
1. Continued - Timothy Corcoran, 524 Crowell's Bog Road, 72/36 (41/8-4), unauthorized cutting and clearing of native
vegetation, operated machinery without erosion control — violation of Orders of Conditions SE 9-1873
CA recommends continuing the hearing to March 8, 2022.
Commissioners have no further comments.
Commissioner Bruce Evans moves to continue the show cause hearing for Timothy Corcoran at 524 Crowell's Bog Road to
March 8, 2022. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey
Chatelain — yes. The Commission is 4 — Yes, 0 — No.
2. 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
Brad Holmes, Professional Wetlands Scientist and Massachusetts Certified Arborist with Environmental Consulting and
Restoration, represents Brown. He states he was able to meet with CA on site to review the existing conditions. Holmes will
submit a Wetland Delineation and a Stream and Restoration Plan to the Commission as soon as he is able.
CA shares an example of Brad's site plan with the Commission, to receive their feedback. Brad explains to the Commission how
he creates site plans.
Commissioners have no further comments.
Commissioner Bruce Evans moves to continue the show cause hearing for Brown at 2628 Main Street to March 8, 2022.
Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes.
The Commission is 4 — Yes, 0 — No.
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Conservation Commission Meeting Minutes — February 22, 2022
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
CA states she has received correspondence from Town Council. The department will be proceeding with the enforcement order
in the same manner as 2628 Main Street, CA has received no new correspondence from the property owner.
Commissioners have no further comments.
Commissioner Bruce Evans moves to continue the show cause hearing for Karam at 330 Main Street to March 8, 2022.
Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — yes, Gary Kaser — yes, Casey Chatelain — yes.
The Commission is 4 — Yes, 0 — No.
Report of Natural Resources Director
No report at this time.
Report of the Conservation Administrator
No report at this time.
Adjourn the Meeting
Commissioner Bruce Evans moves to adjourn the meeting. Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells —
yes, Gary Kaser — yes, Casey Chatelain — yes. The Commission is 4 — Yes, 0 — No.
Meeting adjourned at 7:44 P.M.
*Documents discussed at this hearing can be found in 'Public Meeting Packet. 2.22.22'
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Conservation Commission Meeting Minutes — February 22, 2022