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HomeMy Public PortalAboutConservation Commission -- 2022-03-22 MinutesConservation 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@brewstermma.gov (508) 8964546 1 , , MEETING MINUTES _ Remote Participation Only March 22, 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 (livestream.brewster ma.aov), or Video recording (tv.brewster maooV Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans Commissioners Absent: Gary Kaser, Peter Wells Staff Present: Noelle Aguiar (CA), Chris Miller (NR) Call to Order Meeting Declaration of Participation Statement Public Comment / Citizens' Forum Requests for Determination of Applicability 1. Paul Zevon requests determination as to whether the area -inland wetlands, and the work - maintenance of an existing nature trail are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 619 Slough Road, 10/76 (51/8). Lawrence Zevon represents the applicant. He describes the project as detailed in the narrative, application, and site plan. CA recommends establishing the conditions of site visit prior to any cutting/clearing work, photos prior to and following project activities, work one by hand, cutting/clearing not to occur from May 1 -Aug 15, work limited to pathway (5ft width maximum). Chair Tobin would like to add a condition to not permit motorized vehicles on the trail. CA recommends making a Determination of Negative 2, Negative 3, Negative 6 - Work to occur within the Area Subject to Protection but will not alter the Area Subject to Protection. Commissioner Bruce Evans moves, with the noted conditions, to make a Determination of Negative 2, Negative 3, Negative 6 -Work to occur within the Area Subject to Protection but will not alter the Area Subject to Protection in the case of Paul Zevon on 619 Slough Road. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 3 — Yes, 0 — No. 2. Brewster Department of Public Works requests determination as to whether the area - buffer to coastal wetlands and the work -removal of an existing boat house and gazebo are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 3057 Main Street, 101/45 (8/8). Griffin Ryder, Director of Public Works joins the meeting. Griffin describes the project as detailed in the narrative, application, and site plan. Griffin notes this project is a first step to converting the tennis courts to a beach parking area, Notice of Intent is coming soon. Commissioner's comments/concerns: It is great to get a start to the project, however what next steps are in place should the Commission not approve the Notice of Intent o CA states with this proposal the buildings are being removed,not the foundation - as the applicant is wanting to retain the.areas of hardscape for the anticipated Notice of Intent. o Griffin comments that if the Notice of Intent was not approved, than the slabs would be stabilized and left as is, then the filing would be reviewed. CA recommends the following conditions: site visit prior to any work, photos prior to and following project activities, erosion controls in place ahead of work, machinery operated from paved/lawn areas, active removal of demolition debris from site (no storage of materials within jurisdiction). Commissioner Bruce Evans moves, with the noted conditions, to make a Determination of Negative 3, Negative 6 -Work to occur within the Area Subject to Protection but will not alter the Area Subject to Protection in the case of Brewster Department of Public Works on 3057 Main Street, Commissioner Casey Chatelain second. Roll call vote. Bruce Evans — yes, Casey Chatelain — yes, Michael Tobin — yes, The Commission is 3 — Yes, 0 — No. Notices of Intent 1. 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). Paul Shea, Independent Environmental Consultants, represents the applicant. Paul describes the project as detailed in the narrative, application, and site plan, Paul notes the proposed relocation of isolated land subject to flooding (300ft2, 17yd3) with the creation of 1200ft2 of Bordering Vegetated Wetlands (BVW) to build out existing BVW and provide compensatory flood storage. Commissioner's comments/concerns: . What about a planting plan? o Paul states they will be planting various native trees and bushes and seeding with a native cape cod seed mix. CA states the isolated wetland is not applicable under the protection of the State Wetlands Protection Act which includes isolated depression confining 1/a acre foot of water (volume) and average depth of 6 inches (10;890 ft3). Under the Brewster Wetlands Protection Act an isolated depression serves as a ponding area for run-off at least once a year. A variance provided work shall not result in flood damage due to filling which causes lateral displacement of water that would otherwise be contained (maintained on-site flood capacity). Commissioner Bruce Evans moves to continue the hearing for Paul Wallace at 162 Underpass Road to April 12, 2022 to draft an Order of Conditions. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans —yes, Casey Chatelain —yes, Michael Tobin — yes, The Commission is 3 — Yes, 0 — No. 2. 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 project as detailed in the narrative, application, and site plan. Proposed alterations for construction of the pool, patio, cabana within the 50-100 foot buffer is 1,950 ft2. Proposed restoration/mitigation is 6,300 ft2; with 2,674 sq ft proposed on the Coastal Bank and 925 sq ft proposed within 50 -foot Buffer. John states he will be submitting the required stormwater application for this project. Page 2 of 6 Conservation Commission Meeting Minutes —March 22, 2022 Ian Peach, Wilkinson Ecological Design, joins the meeting. Ian describes the project as detailed in the Land Management Plan. Proposed invasive plant removal is 4,271 sq ft and will be immediately stabilized using a native seed mix and native plantings. Proposed 525 sq ft of lawn removal to improve the vegetated buffer. Proposed 1,500 sq ft of native plant plantings. Proposed diverse tree placements of 36 trees. Commissioner's comments/concerns: Monitoring will be required. How does Wilkinson plan to provide irrigation to the new plantings? The Commission does not allow built-in irrigation systems. o Using above ground irrigation, Wilkinson feels prepared to supply adequate water to the new plantings to increase the chance of survival. Concerns for the large size of proposed disturbance area with the pool, patio, and spa within 50-100 foot Buffer. ® Pool is close to the 50 -foot Buffer, concerns rise for the limit of work. ® What is the plan for draining the pool? o If the pool needs to be drained than there should be a condition which states the water must be pumped out and hauled off-site. CA recommends relocating the pool so that it is a little further from the 50 -foot buffer. CA recommends swapping out proposed non-native plantings (anise hyssop, black-eyed susan, and purple coneflower) for native plant species, using The Vascular Plants of Massachusetts published by Natural Heritage & Endangered Species Program. Commissioner Bruce Evans troves to continue the hearing for 23 Dune Road LLC at 23 Dune Road to April 12, 2022 to update the plan. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 3 — Yes, 0 — No. 3. 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, John O'Reilly, 1.M. O'Reilly &Associates, represents the applicant. He describes the project as detailed in the narrative, application, and site plan. Proposed reconstruction of existing unpermitted elevated wooden stairs to include a large viewing platform is 64 sq ft. Proposed replacement of unpermitted dock with seasonal dock which extends 18' into the pond is 91 sq ft. John notes that the large landing is within the 50 -foot buffer because, at this property, it is difficult to see the shore from further away. Commissioner's comments/concerns: Landing is very large and within the 50 -foot buffer. What alternatives are there to this? o John states when moving the landing back, sight of the shoreline is lost. He will need to refer to the Schubert's to see what they would like to do. o CA recommends moving the landing back to outside of the 50 -foot buffer. This will allow for a larger landing. If keeping the landing in proposed location, the width should be reduced to the width of the stairway with a cantilevered bench. Is the proposed dock considered a dinghy dock, due to water levels? o John states the water level for this past August was 1 -foot deep at 19 feet out from the shoreline, 10 feet out was less than a foot. Commissioner Bruce Evans moves to continue the hearing for William and Dallas Schubert at 150 Gulls Way to April 12, 2022 to update the plan. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans —yes, Casey Chatelain —yes, Michael Tobin — yes. The Commission is 3 — Yes, 0 — No. Page 3 of 6 Conservation Commission Meeting Minutes —March 22, 2022 4. 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). Mark Nelson, Horsley Witten Group, represents the applicant. Marl< describes the project as detailed in the stormwater management plan. Mark states the area -weighted average percent removal for total suspended solids is 83%. CA states she has drafted Order of Conditions and a stormwater Permit and sent them to the Commission and applicant's representative for review. If the Commission and representative finds them to be complete and correct, CA recommends approving the Final Order of Conditions and the Stormwater Permit Conditions. Commissioner Bruce Evans moves to approve the Order of Conditions and stormwater Permit Conditions for the Town of Brewster at 0 Long Pond Landing. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 3 — Yes, 0 — No. 5. Continued -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). CA states she has drafted Order of Conditions and sent them to the Commission and applicant's 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 Jill B. Staniar at 280 & 0 Foster Road. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 3 — Yes, 0 — No. 6. Continued —Walter Harris proposes to construct aroll-out walkway, storage shed, and I<ayal< rack, on coastal and imand. wet lands, 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. Commissioner's comments/concerns: Will the seasonal mat walkway be stored off site during the off season? o Donald - Yes, the mat and the kayak rack can be easily removed during the off season. 400 sq ft seems like a large parking area for one car. o Donald - The size of the parking space can easily be reduced. No vegetation to be removed. Is the proposed parking area in a dune? o We can have Greg Berman do a coastal wetland delineation for the property. Benjamin Zehnderjoins the meeting. Benjamin states the property owners have an easement right to and from the property but they are not allowed to park on the street. Commissioner Bruce Evans moves to continue the hearing for Walter Harris at 19 Muskrat Lane to April 12, 2022 to get a coastal wetland delineation. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans —yes, Casey Chatelain Michael Tobin — yes, The Commission is 3 — Yes, 0 — No. Page 4 of 6 Conservation Commission Meeting Minutes —March 22, 2022 Request for Certificate of Compliance 1. Paul Wallace, regrading and filling, Brewster 98-17, 162 Underpass Road, 77/9 (26/10). CA states the department has received all required documentation and recommends approving the request far Certificate of Compliance. Commissioner Bruce Evans moves to approve the Certificate of Compliance for Paul Wallace at 162 Underpass Road. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 3 — Yes, 0 — No. Enforcement Order Ratification 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 CA describes the violation as detailed in the enforcement order. She notes that when she checked the work at the property she found a retaining wall and a poured concrete foundation where there was supposed to be a porous block with mitigation plantings surrounding it. Commissioner Bruce Evans moves to ratify the Enforcement Order for 29 Captain Dunbar LLC at 29 Captain Dunbar Road. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 3 — Yes, 0 — No, Waiver Request for Order of Conditions 1. Judy Scherzo, requests a waiver for sand nourishment, SE 9-1620, 0 Winslow Landing and 12 & 22 Ring Rocic Road, 91/2,3,4 (7/1,2,5). Judy Scherzo is requesting a waiver from the April 15, 2022 deadline for the placement of the required annual sand nourishmentI She is in contact with a contractor, but has not been able to confirm a date of when they will be available. Commissioner Bruce Evans moves to issue a waiver for Judy Scherzo to move the deadline as stated. Commissioner Casey Chatelain second. Rolt call vote. Bruce Evans —yes, Casey Chatelain —yes, Michael Tobin —yes. The Commission is 3 —Yes, 0 - No. Show Cause Hea 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 the erosion controls are in place, they are awaiting DEP sign from the pool company. They will then submit a work notification. CA recommends the Commission finds the Enforcement Order satisfied. Commissioner Bruce Evans moves to find the Enforcement Order for Timothy Corcoran at 524 Crowell's Bog Road satisfied. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans —yes, Casey Chatelain —yes, Michael Tobin —yes, The Commission is 3 — Yes, 0 — No. Page 5 of 6 Conservation Commission Meeting Minutes —March 22, 2022 2. Continued - Brown, 2628 Main Street, to/ 14 (15/113-2) Cutting and clearing of vegetation within 25 feet of inland wetlands as well as the placement offill on and within 100 feet of inland wetlands CA states the consultant, Brad Holmes of Environmental Consulting &Restoration LLC., has completed the GPS survey and is working on a restoration narrative and site plan. Brad has requested a'continuance. Commissioner Bruce Evans moves continue the hearing for Brown at 2628 Main Street to April 12, 2022. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 3 — 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 received no new correspondence with Karam. She states he is on the email list and is receiving emails with the agenda and zoom meeting information. Commissioner Bruce Evans moves continue the hearing for Karam at 330 Main Street to April 12, 2022. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans — yes, Casey Chatelain — yes, Michael Tobin — yes. The Commission is 3 — Yes, 0 — N o. Report of Natural Resources Director NR states the office is now open to the public Monday through Thursday 8:30am — 4pm and by appointment on Friday. Report of the Conservation Administrator No report at this time. Review and Approval of Meeting Minutes 1. January 11, 2022 Commissioner Bruce Evans moves to approve the meeting minutes for January 11, 2022. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans —yes, Casey Chatelain —yes, Michael Tobin —yes. The Commission is 3 —Yes, 0 — No. Adjourn the Meeting Commissioner Bruce Evans moves to adjourn. Commissioner Casey Chatelain second. Roll call vote. Bruce Evans —yes, Casey Chatelain —yes, Michael Tobin —yes. The Commission is 3 —Yes, 0 — No. Meeting adjourned at 7:44 P.M. *Documents discussed at this hearing can be found in 'Public Meeting Packet. 3.22.22' Page 6 of 6 Conservation Commission Meeting Minutes —March 22, 2022