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HomeMy Public PortalAboutConservation Commission -- 2022-04-12 MinutesST O� SVD Eli 00,/1 2 I' tyN, 0 M a O Q) �HOORPOPAY 10. 100�.y\Q��� 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) 8964546 ` •` MEETING MINUTES Remote Participation Only April 12, 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 (iivestream brewster-ma. Dov), or Video recording (tv brewster-ma.00v}. Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Gary Kaser, Peter Wells Commissioners Absent: N/A Staff Present: Noelle Aguiar (CA), Chris Miller (NR) Call to Order Meeting Declaration of Participation Statement Discussion 1. Discussion of the Conservation Commission to discuss possible meeting format changes in regards to virtual attendance. After some discussion, the Commission determines to continue virtual meetings. 2. Discussion of experimental floating wetlands and their application for water quality improvements Cameron Ferguson and Tom Vautin, board members of the Brewster Ponds Coalition (BPC), join the meeting. BPC is seeking the opinion of the Commission regarding the use of floating wetlands, as they believe it could be a beneficial way to improve water quality. Tom explains this could be a good solution that does not include the use of chemicals. BPC was invited to join the research endevors of these experimental floating wetlands in fresh water ponds. BPC is proposing the experimental floating wetland to be moored in Schoolhouse Pond — it has public access, it is eutrophic, and it has had algal blooms. The experiment is expected to run for two years. Monitoring to occur monthly during growing season and bi-monthly during the winter. Monitoring will include nutrient uptake, plant growth, arid longevity of the system. Requests for Determination of Applicability 1. Beechwood Landing Property Owners Association, c/o Lincoln Hooper, requests determination as to whether the area -inland wetlands, and the work -removal and reinstallation of deck are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 0 Beach, off of Landing Drive 82/1 (48/79-1). Link Cooper, Treasurer of Beechwood Landing Property Owners Association, joins the meeting. Link describes the project as detailed in the application and site plan. Work proposed is removal and replacement of the previously approved 10' x 70' deck to include support pilings for neighborhood association access to Long Pond (SE 9-983). A barge will be used to take material away from the project site and provide new supplies. 1 Commissioner's comments/concerns: Would this structure be permitted under today's bylaws or is it grandfathered in? o NR states the Commission would probably not permit it today as a brand new structure. However, since it already exists there isn't an issue with removing and replacing without expansion. The structure has aged and is in need of replacement to remain safe. Commissioner Bruce Evans moves to make a Determination of Negative 2, Negative 6 -Work to occur within the Area Subject to Protection but will not alter the Area Subject to Protection in the case of Beechwood Landing Property Owners Association on 0 Beach. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — Yes, Gary Kaser — Yes, Casey Chatelain — Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. I'Votices of Intent 1. The Town of Brewster proposes to convert existing tennis courts into a beach parking lot -including the installment of a pathway to the beach, bike and I<ayal< racks within 100 feet of coastal wetlands at 3057 Main Street, 101/45 (8/8) Griffin Ryder, Brewster Department of Public Works Director joins the meeting. Griffin describes the project as detailed in the narrative and site plan. David Michniewicz, Coastal Engineering, joins the meeting. David states the proposed parking lot will not increase the amount of impervious hardscape that currently exists. Commissioner's comments/concerns: How will the tennis courts be paved over? o The top inch or so of the tennis courts will be milled to help bond the pavement that will be poured overtop. The total depth of the tennis courts are about 4 inches. Where could a parking area go, if not the tennis courts? o There is one formal parking area which is in front of the white house at the top of the hill. Historically, when the Seas Camps would have large events they would have people park on the front lawn. • What if you didn't repave it and used the existing court, as is? o The project is proposed to do the least amount of impact, while facilitating storm water drainage to catch basins via grading the pavement. O What is the longevity of the parking lot, as it is proposed to be a temporary solution? What is the longterm maintenance? Long term maintenance should happen for the stormwater embayments because there will be oils and greases that have not been introduced to this area in the past. o Within the Stormwater Management Report submitted by Coastal Engineering, the sediment forebays will be inspected monthly and cleaned out at least four times per year. Deep sunk catch basins to be inspected at least four times per year, with the removal of accumulated sediment, trash, and debris as needed. The bio - retention area shall be inspected monthly. The sub -service infiltration structure shall be inspected at least twice a year. The Chairman opens the discussion to public comment. Mark Wilson, 70 Bonnie Doone Cartway, agrees the access path to the beach is a gentle slope. With, the addition of the parking lot and expected heavy use, it doesn't seem practical to leave the walking path as sand only. Mark supports the idea of using a mat to help prevent heavy erosion. CA notes there have been two public comments that have been submitted to the Commission via email for their review and consideration. Meridith Baier, 2663 Main Street, requests for the letters to be read to the public. CA comments the net reduction of hardscape within the 100' buffer is 9 sq ft , with significant reductions to hardscape within the 50' buffer — i.e, the old boat house and shed. The coastal dune areas are not being impacted. The project is also proposing the installment of stormwater management systems. Page 2 of 8 Conservation Commission Meeting Minutes -April 12, 2022 Commissioner Bruce Evans moves to continue the hearing for The Town of Brewster at 3057 Main Street to April 26, 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, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. 2. James &Nancy Gould propose expansion of an existing deck, construction of timber stairs, and installation of a seasonal dock on and within 50 feet of inland wetlands at 42 Featherbed Lane, 11/46 (38/94). Russ Holden, Ryder &Wilcox, represents the applicant. He describes the project as detailed in the narrative, application, and site plan. The existing deck is proposed to expand by 130 sq ft. Commissioner's comments/concerns: ® The deck should be redesigned to stay out of the 50' buffer. The stairway should not zig-zag, it could just go straight down the slope to the dock. NR states the gravel area needs to be restored with the mitigation plantings that were required under an Enforcement Order under SE 9-1053. The stairway should traverse only land and finish on the land, not over the pond. NR suggests updating the pIan to reconfigure the stairs and to include mitigation plantings. James and Nancy Gould, property owners, join the meeting. James seeks clarification for when the mitigation plantings can go in. James states the stairs are configured the way they are due to the steepness on the bank. Commissioner Bruce Evans moves to continue the hearing for James and Nancy Gould at 42 Featherbed Lane to April 26, 2022 to submit an updated plan. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — Yes, Gary Kaser — Yes, Casey Chatelain — Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. 3. Brewster Conservation Trust proposes to manage the existing vegetation -native plantings and removal of invasive species within 100 feet of inland wetlands at 0 Lower Road, 57/59 (18/20). John O'Reilly, J.M. O'Reilly & Associates , represents the applicant. The project proposes vegetation management at the Eddy Sisters Community Gardens. Keith Johnson, representing Brewster Conservation Trust (BCT),joins the meeting. He describes the project as detailed in the narrative, application, and site plan. Jon Bruce, BCT, joins the meeting to discuss the vegetation management plan. He emphasizes the importance of diverse species in creating an exceptional habitat for attracting declining insects and pollinators Commissioner's comments/concerns: ® Update the plan to show locations of dense mowing, invasive species removal, and native plantings. Commissioner Bruce Evans moves to continue the hearing for Brewster Conservation Trust at 0 Lower Road to April 26, 2022 to get an updated plan and 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, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. 4. Continued -Paul Wallace proposes removal of existing structures, grading and landscaping, and the expansion of the Bordering Vegetated Wetland on and within 100 feet of inland wetlands at 162 Underpass Road, 77/9 (26/10). CA states she has drafted Order of Conditions and sent them to the Commission, applicant and representative for review. If the Commission finds them to be complete and correct, CA recommends approving the Final Order of Conditions. Page 3 of 8 Conservation Commission Meeting Minutes—April 12, 2022 Commissioner Bruce Evans moves to approve the Order of Conditions for Paul Wallace at 162 Underpass Road. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — Yes, Gary Kaser — Yes, Casey Chatelain — Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. 5. Continued - 23 Dune Road LLC proposes to construct an inground pool, patio, and the addition of a deck to the existing dwelling on and within 100 feet of coastal wetlands at 23 Dune Road, 79/30 (6/13). John O'Reilly, J.M. O'Reilly &Associates, represents the applicant. He describes the changes as detailed in the updated narrative, site plan, and vegetation management plan. Some things to note: pool shifted back 5 additional feet from 50' buffer, stairs removed that were proposed right along 50' buffer, eliminated patio frorn east side and along driveway, patio and pool house size reduced, and leach pit drywell added for pool and stormawater. Ian Peach, Wilkinson Ecological Design, joins the meeting. He describes the changes as detailed in the updated vegetation management plan. The vegetation management plan includes only native species. CA reviews requirements under stormwater bylaw for the project. CA states she has drafted Order of Conditions and Minor stormwater Permit and sent them to the Commission, applicant and representative for review. If the Commission finds them to be complete and correct, CA recommends approving the Final Order of Conditions and Minor Stormwater Permit, Commissioner Bruce Evans moves to approve the Order of Conditions and Minor stormwater Permit for 23 Dune Road LLC at 23 Dune Road.. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells —Yes, Gary Kaser — Yes, Casey Chatelain — Yes, Michael Tobin - Yes. The Commission is S — Yes, 0 — No. 6. Continued -William and Dallas Schubert propose installation of a seasonal dock, the removal and replacement of timber stairs with elevated stairs which includes a landing on and within 100 feet of inland wetlands at 150 Gulls Way, 63/24 (41/1). John O'Reilly, 1.M. O'Reilly &Associates, represents the applicant. He describes the changes as detailed in the updated narrative and site plan. The landing is reduced to Oft wide by 8ft long with 18" bench along the side. CA states she has drafted Order of Conditions and sent them to the Commission, applicant and representative for review. If the Commission finds them to be complete and correct, CA recommends approving the Final Order of Conditions. Commissioner Bruce Evans moves to approve the Order of Conditions for William and Dallas Schubert at 150 Gulls Way. Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Peter Wells —Yes, Gary Kaser —Yes, Casey Chatelain —Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. 7. Continued —Walter Harris proposes to construct atoll -out walkway, storage shed, and Icayalc rack, on coastal and inland wetlands, on 19 Muskrat Lane, 103/9 (9/3). Donald Munroe, Coastal Engineering, Inc., represents the applicant. Donald describes the project as detailed in the narrative and updated site plan. He states they have reviewed Greg German's report and didn't find anything out of the ordinary.. NR requests dimensions of the proposed storage boxes. The Commission determines storage box dimensions of 5' x 2'. Commissioner Bruce Evans moves to continue the hearing for Walter Harris at 19 Muskrat Lane to April 26, 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, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. Page 4 of 8 Conservation Commission Meeting Minutes—April 12, 2022 uest for Extension to Order of Conditions 1. Camp Wono, Inc., SE 9 1697, 3057 Main Street, 101/45 (8/8) CA states the project includes removal of existing swimming pool, concrete patio, propane tanks, and pool shed as well as restoration of dune sand and revegetation of this area. In addition, it proposes the reconstruction of an existing dock, replacement of on -ground wooden walkways and footpaths with elevated wooden walkways, and construction of an elevated gazebo. The project activities that have been completed are: removal of the swimming pool, dune restored with nourishment and plantings. Commissioner Bruce Evans moves to approve the Extension to Order of Conditions SE 9-1697 for Camp Wono, Inc. at 3057 Main Street, Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — Yes, Gary Kaser — Yes, Casey Chatelain — Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. Request for Minor Change to Plan 1. Paul Zevon requests to use golf cart on trail under approved Determination of Applicability, 619 Slough Road, 10/76 Lawrence Zevon, son of Paul Zevon, represents the applicant. He states his parents occasionally would like to use their golf cart on the trail to avoid using the road. CA states that typically the Commission does not allow motorized vehicles on a nature trail. Regular use of motorized vehicles causes compaction of the soil, disturbes and erodes the ground, dl5tul'bes vegetation within a wetland. If there is a way to go around the wetland and outside of the 50' buffer than the Commission may allow that. Commissioner Bruce Evans moves to deny the Minor Change to Plan for Paul Zevon at 619 Slough Road. Commissioner Gary Kaser second. R011 call vote. Bruce Evans — yes, Peter Wells —Yes, Gary Kaser —Yes, Casey Chatelain —Yes, Michael Tobin —Yes. The Commission is 5 — Yes, 0 — No. 2. Sundar Vijayalcumar requests removal of invasive trees and to install a shed and native plantings under approved Determination of Applicability, 187 Breakwater Road, 58/65 (4/25). CA states she visited the site today. The 50' buffer has been completely replanted, these plantings do need to survive and establish for three growing seasons —any plants that don't make it need to be replaced. The shed is proposed to be 160 sq ft and outside of the 50' buffer. Commissioner Bruce Evans moves to approve the Minor Change to Plan for Sundar Vijayakumar at 187 Breakwater Road. Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Peter Wells —Yes, Gary Kaser —Yes, Casey Chatelain —Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. Page 5 of 8 Conservation Commission Meeting Minutes —April 12, 2022 Show Cause Hearin 1. 29 Captain Dunbar LLC, 29 Captain Dunbar Road, 91/37 (7/12), placement of poured concrete foundation for patio, relocation of patio, and construction of retaining wall within a mitigation planting area within coastal resource areas Bob Perry, Coastal Engineering, represents the violator. He states the house construction is complete and they are now completing the work around the house. When they constructed the patio, it was moved 5 feet east. The contractors stated the poured concrete will be easy to remove. The deck that was built is two feet shorter than what was approved. CA states the patio and the material underneath it should be removed and assessed, as it is placed within a coastal dune. The patio can be dry laid. If the applicant wishes to move the patio and mitigation plantings, they can submit a Minor Change to Plan to the Commission. NR recommends for Bob to submit an as -built plan to show the changes from the proposed plan to the new plan. The as -built pIan should incorporate a planting plan. Commissioner Bruce Evans moves to continue the show cause hearing for 29 Captain Dunbar LLC at 29 Captain Dunbar Road to April 26, 2022. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — Yes, Gary Kaser — Yes, Casey Chatelain — Yes, Michael Tobin — Yes. The Commission is 5 — 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, Environmental Consulting &Restoration LLC., represents Brown. He describes the plans as detailed in the Delineation Plan and Restoration Plan, Wetlands present on Brown's property include: Isolated Vegetated Wetland, Bordering Vegetated Wetlands, Inland Banks to Streams, Perennial Stream, and Bordering Land Subject to Flooding. The Restoration Plan includes native shrub plantings, seed mixes, and re -shaping inland bank to create a gentler slope for stabilization. Commissioner's comments/concerns: Is there a restoration plan for the initial area that was cut and cleared -the area from the first enforcement order? o Brad states that area has regrown and stablilzed. We can add plantings to it, if the Commission wants to do so. ® Can you say where exactly the violation was and what damage was caused? o Brad states there appears to be a clearing that leads to the "Offsite Pond," however no work appears to have occurred there. There has been cutting at "D" Wetland, it was not significantly impacted as the vegetation is growing back. What is stopping him from cutting again, if "D" Wetland has recovered? o The wetlands are delineated now. o Correspondence of violations have been documented. CA states the Commission can look at the "Offsite Pond" wetland as revegetation by nature with at least 3 years of monitoring. NR states that disturbed areas are where invasive species can flourish. We need to keep an eye on what vegetation starts growing in those areas. Attorney Bruce Bierhans represents abutters, the Jardus family. In light of the photographs shown and history of violations, they disagree with the recommendation for natural regrowth of the vegetation. Re -vegetation should be required. Commissioner Bruce Evans moves to continue the show cause hearing for Brown at 2628 Main Street to April 26, 2022 to set up a site visit. Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Peter Wells —Yes, Gary .Kaser —Yes, Casey Chatelain — Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. Page 6 of 8 Conservation Commission Meeting Minutes —April 12, 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 the Commission has received an existing conditions plan from Karam. CA discusses discrepancies compared to what was originally permitted under SE 9-1053 to what exists now. Commissioner's comments/concerns: ® There is no stamp or logo on the plan. Who created the plan? o Jason Ellis created the plan, he will be following up with a stamp from a professional engineer. This is a preliminary plan. Constance Wilkinson-Moscatt, representing abutter Leigh, joins the meeting. She expresses concerns for night time use of heavy machinery. She is interested in original plans and remediation plans. David Karam was present as an attendee, but after numerous requests to join the meeting as a panelist to speak to the Commission the request was not accepted by Karam. Commissioner Bruce Evans moves to continue the show cause hearing for Karam at 330 Main Street to April 26, 2022 to set up a site visit. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — Yes, Gary Kaser — Yes, Casey Chatelain — Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. Administrative Reviews 1. The Nayalc Brewster Realty Trust proposes updates to boathouse -replacing exterior cladding at 199 Hamilton Cartway, 93/3 (47-83-1). CA has conducted a site visit. The boathouse immediately abuts inland wetlands, so covering any potential impacts from project activities is the goal. CA recommends setting a work limit around the structure. Commissioner Bruce Evans moves to approve the Administrative Review for The Nayak Brewster Realty Trust at 199 Hamilton Cartway. Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Peter Wells —Yes, Gary Kaser —Yes, Casey Chatelain — Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. 2. Paul Kelly proposes the removal of one tree at 22 Cranberry Lane, 137/70 (31/166). The applicant Paul Kelly joins the meeting and discusses the tree for removal. CA requests the tree be marked. Commissioner Bruce Evans moves to approve the Administrative Review for Paul Kelly at 22 Cranberry Lane. Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Peter Wells —Yes, Gary Kaser —Yes, Casey Chatelain —Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. of Natural Resources Director The department is updating the Town's trail map. Several new trails will be added, some of which are within the Long Pond woodlands and watershed land. Possible upcoming project with Center for Coastal Studies. Theyjust did a Municipal Shoreline Management Study for Provincetown, Truro, Wellfleet and Eastham. They will be trying to push through and do that with Dennis, Brewster and Orleans. Page 7 of 8 Conservation Commission Meeting Minutes -April 12, 2022 Report of the Conservation Administrator The May 24, 2022 Commission meeting has been moved to May 31, 2022 due to the Election on May 24, 2022. Review and Approval of Meeting Minutes 1. January 25, 2022 2. February 8, 2022 Commissioner Bruce Evans moves to approve the meeting minutes for January 25, 2022 and February 8, 2022. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Peter Wells — Yes, Gary Kaser — Yes, Casey Chatelain —Yes, Michael Tobin — Yes. The Commission is 5 — Yes, 0 — No. the Meeting Commissioner Bruce Evans moves to adjourn the meeting. Commissioner Gary Kaser second. Roll call vote. 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 8:59 P.M. *Documents discussed at this hearing can be found in 'Public Meeting Packet. 4.12.22' Conservation Commission Meeting Minutes—April 12, 2022