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Home My Public Portal AboutConservation Commission -- 2022-03-08 MinutesR,REWSr F� corq Ag�fF.Q / 0 O* D c o, 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 March 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 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 (iivestrea n orewster-ma.gov), or Video recording ( ,! Commissioners Present: Michael Tobin, Casey Chatelain, Gary Kaser, Peter Wells Commissioners Absent: Bruce Evans Staff Present: Noelle Aguiar (CA), Chris Miller (NR) CaII to Order Meeting Declaration of Participation Statement Public Comment / Citizens' Forum Discussion 1. Brewster Town Meeting Warrant Articles and Citizen Petitions Regarding Hunting in the Punkhorn Parklands CA states at Spring Town Meeting 2021 there was a Citizen's Petition to Ban Hunting in Punkhorn Parklands and it was approved by 182 Yes vs. 173 No vote. Town counsel determined the article was not in an appropriate form to be codified as Town Bylaw. Now there are two petitions: • Petition to Ban Hunting in the Punkhorn Parklands • Petition to Allow Hunting in the Punkhorn Parklands for 3 weeks in December only by bow. Betsy Smith joins the meeting to show her support for the Petition to Ban Hunting in the Punkhorn Parklands. The Town Administrator worked with Town Council to draft a new petition in proper form, which is what is now under consideration. Joe Breda joins the meeting to show his support for the Petition to Allow Hunting in the Punkhorn Parklands for three weeks in December only by bow. Joe states the three week hunting season is during the state archery season for deer, the petition would be a condensed season which would strictly allow hunting for only deer. Commissioners Gary Kaser, Peter Wells, Casey Chatelain, and Michael Tobin comment on their support for an abbreviated bow hunting season — believing that hunters should be able to enjoy the Punkhorn Parklands as well. Petition to Ban Hunting in the Punkhorn Parklands. Roll call vote. Peter Wells — No, Casey Chatelain — No, Gary Kaser — No, Michael Tobin — No. The Commission is 0 — Yes, 4 — No. Petition to Allow Hunting in the Punkhorn Parklands for 3 weeks in December only by bow. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 4 — Yes, 0 — No. 1 Notices of Intent 1. Jill B. Staniar, Trustee, proposes to construct and maintain in -ground steps and beach access stairs as well as install native grasses for stabilization, on and within 100 feet of coastal wetlands at 280 & 0 Foster Road, 79/27 & 79/29 (6/10 & 6/999). Robert Perry, Cape Cod Engineering, Inc., represents the applicant. Robert describes the project as detailed in the narrative, application, and site plan. Robert proposes replacing the existing, non-permited, stairs with new stairs in the same footprint. Commissioners have no further comments. CA is concerned with the width of the proposed stairs, as they are about 5' wide. CA recommends keeping the stairs 4' wide, as the Commission typically permits. Commissioner Casey Chatelain moves to continue the hearing for Jill Staniar at 280& 0 Foster Road to March 22, 2022. Commissioner Gary Kaser second. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 4 — Yes, 0 — No. 2. Continued - 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 join the meeting. Mark states the project received a Negative Determination from the Natural Heritage and Endangered Species Program (NHESP) and the Stormwater Permit Application has now been submitted and signed by the Town and Horsley Witten Group. Amy Ball expands on NHESP's response. Under the Wetlands Protection Act the project will not adversely affect the actual Resource Area Habitat of state protected rare wildlife species. Under the Massachusetts Endangered Species Act the project will not result in a prohibited Take of state -listed rare species. Commissioners state that they have sufficient information for the Notice of Intent application materials, however need some time to review the Stormwater Permit Application. Commissioner Casey Chatelain moves to continue the hearing for the Town of Brewster at 0 Long Pond Landing to March 22, 2022. Commissioner Gary Kaser second. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 4 — Yes, 0 — No. 3. Continued - 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). CA states that the applicant, representative and commissioners have received a copy of the Draft Order of Conditions. If the Commission finds there to be complete and correct, CA recommends approving the Final Order of Conditions. Commissioner Casey Chatelain moves to approve the Final Order of Conditions for William Kerlin at 217 Crocker Lane. Commissioner Gary Kaser second. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 4 — Yes, 0 — No. Page 2 of 4 Conservation Commission Meeting Minutes — March 8, 2022 Requests for Minor Change to Plan 1. Jesse Blatz requests to use light machinery for the removal of invasive English Ivy under approved Determination of Applicability, 30 Bog Pond Road 67/63 (16/78-34). Jesse Blatz, applicant and property owner, joins the meeting. Jesse Blatz is requesting approval for his landscapers to use a Bobcat S66 and 3 -foot scoop to remove the English Ivy on their property. Commissioner's comments/concerns: ® Vice Chairperson Casey is okay with the use of a Bobcat as long as really good erosion controls are in place. o Other commissioners are in agreement Commissioner Casey Chatelain moves to approve the Minor Change to Plan for Jesse Blatz at 30 Bog Pond Road. Commissioner Gary Kaser second. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 4 — Yes, 0 — No. 2. Brewster Veterinary Hospital requests a septic system upgrade under SE 9-1906, 56 Underpass Road, 78/116 (26/6). John O'Reilly, J.M. O'Reilly & Associates, Inc., represents the applicant. John has received approval from the Board of Health for the Septic System Upgrade with the necessary variances. The old septic will be removed. Commissoners have no further comments. Commissioner Casey Chatelain moves to approve the Minor Change to Plan for Brewster Veterinary Hospital at 56 Underpass Road. Commissioner Peter Wells second. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Michael Tobin — Yes. The Commission is 3 — Yes, 0 — No. Administrative Reviews 1. Pamela Lloyd -Baker proposes the removal of storm damaged trees - which pose a risk to health and safety - at 45 Warrens Road, 38/99 (2/33). CA states the applicant requests flush cutting of 10 trees which are dead and fallen/partly fallen following previous storms. All have been evaluated in the field and are confirmed as such. Located in heavily vegetated areas. Removal is for safety when accessing property and paths, if left as it they pose a significant risk to health and safety. CA recommends approving the Administrative Review. Commissioner Casey Chatelain moves to approve the Administrative Review for Pamela Baker at 45 Warrens Road. Commissioner Gary Kaser second. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Gary Kaser — Yes, Michael Tobin — 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 states she is waiting for follow-up from the contractor and no work has taken place. Commissioner Casey Chatelain moves to continue the Show Cause hearing for Timothy Corcoran at 524 Crowell's Bog Road to March 22, 2022. Commissioner Gary Kaser second. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 4 — Yes, 0 — No. Page 3 of 4 Conservation Commission Meeting Minutes — March 8, 2022 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 CA has received correspondence from Environmental Consulting and Restoration that they have completed the wetland delineation. They are now putting together a site plan for the mitigation planting and restoration work. Commissioner Casey Chatelain moves to continue the Show Cause hearing for Brown at 2628 Main Street to March 22, 2022. Commissioner Gary Kaser second. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 4 — 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 CA states the Department has not received any new information or correspondence from Karam. Commissioner Casey Chatelain moves to continue the Show Cause hearing for Karam at 330 Main Street to March 22, 2022. Commissioner Gary Kaser second. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 4 — Yes, 0 — No. Report of Natural Resources Director NR reports a lot of the Oyster Grant holders have been putting theft product back out, so you may see some vehicle tracks along the beaches. There are contractors out doing work on Ellis Landing. Report of the Conservation Administrator CA reports the Town Election date changed to May 24th, which conflicts with our meeting on the same day. CA has spoken with the Town Administrator and the meeting date can be rescheduled to May 31, 2022. Adjourn the Meeting Commissioner Casey Chatelain moves to adjourn the meeting. Commissioner Gary Kaser second. Roll call vote. Peter Wells — Yes, Casey Chatelain — Yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 4 — Yes, 0 — No. Meeting adjourned 6:54 P.M. *Documents discussed at this hearing can be found in 'Public Meeting Packet. 3.8.22' Page 4 of 4 Conservation Commission Meeting Minutes — March 8, 2022