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HomeMy Public PortalAboutConservation Commission -- 2022-05-10 Minutes.` OAC OE4DER e9��� i. l� raQ ` 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 I MEETING MINUTES Remote Participation Only May 10, 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 iivest(eam,brewster-rm.�ov), or Video recording (tvbrewster-ma.00v). Commissioners Present: Michael Tobin, Bruce Evans, Gary Kaser Commissioners Absento Casey Chatelain, Peter Wells Staff Present: Noelle Aguiar (CA), Chris Miller (NR) Call to Order Meeting Declaration of Participation Statement Public Comment/ Citizens' Forum Discussion 1. Discussion of possible Minor Change Request under SE 9-1818 at 35 Captain Dunbar Road, 91/38 (7/13). CA states the property owners are seeking the opinion of the Commission on their possible request for a minor change under SE 9-1818. The property owner would like to construct a cantilevered wooden container for trash bins and bicycles. The dimensions provided is 6' high x 38" wide x 10' long and would be 1.5' off of the ground. The resource area is a coastal dune. Commissioner's comments/concerns: • Reasonable alternatives would be to get a bike rack and store garbage elsewhere. • Having the trash bins in a covered area could be a good way of preventing trash from blowing all over the place. • It is notjust a structure, there will be disturbance to the coastal dune via foot traffic to access the wooden container. Can they place the container on the porch side of the home which already sees a lot of activity, rather than placing it on the side which receives minimum activity. NR states he likes the creative idea of cantilevering the container off the side of the house. However, it is inviting activity into a mitigation area with planted beach grass. CA recommends having the storage area be a portion of the driveway, or placing the container on the side where there already is regular activity. Notices of Intent 1. Meredith Reilly proposes to construct two additions and a deck, as well as re -locating an existing driveway within 100 feet of inland wetlands at 394 Run Hill Road, 34/63 (36/57). John O'Reilly,l.M. O'Reilly &Associates, represents the applicant, He describes the project as detailed in the application, narrative, and site plan. The project proposes an increase in hardscape of 389 sgft within the 100' buffer. The property owner would like to keep the patio and is willing to provide a robust mitigation plan. Commissioner's comments/concerns: • How much vegetated land is being removed and what mitigations are proposed? o John states the patio was never permitted, so the hardscape of the patio needs to be included in an updated plan. He will calculate mitigation area once patio area is calculated. Commissioner Bruce Evans moves to continue the hearing for Meredith Reilly at 394 Run Hill Road to May 31, 2022 to update pIan. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 3 —Yes, 0 — No. 2. Continued -Mary Ellen proposes to temporarily remove deck area to allow for installation of a new sewage system within 50 feet of inland wetlands at 235 Brier Lane, 48/23 (19/78). John O'Reilly, J.M. O'Reilly &Associates, represents the applicant. John states he has no issues with the Draft Order of Conditions, He provides an update at the property, where a well driller was hired to test the on-site drinking water well. Repairs were made to the well, involving heavy machinery, within the buffer zone to inland wetlands. Erosion controls will be put in place as soon as possible. CA states she will add the placement of the well and erosion controls into the permit. CA 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 Mary Ellen Wood at 235 Brier Lane. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 3 — Yes, 0 — No. 3. Continued -Philip D. &Amanda J. Davies propose to remove and replace a single family dwelling and deck with additions and deck expansion within 50 and 100 feet of coastal wetlands at 237 Crocker Lane, 69/2 (5/205). CA states a new site plan is needed to provide calculations on additional sq ft of proposed structure and 1:1 mitigation for additional sq ft. Jason His will be putting these calculations together. To note, the vegetation management on-site now is due to a previous violation, so that cannot be included as mitigation for the new structure, Commissioner Bruce Evans moves to continue the hearing for Philip D. and Amanda J. Davies at 237 Crocker Lane to May 31, 2022 to update plan. Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Gary Kaser —Yes, Michael Tobin —Yes. The Commission is 3 — Yes, 0 — No. 4. Continued -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 updates as seen in the revised plan and restoration planting plan. The deck has been reconfigured to be outside the 50' buffer, The stairs and dock have been reconfigured to go straight down to the pond instead of zig-zagging. Commissioner's comments/concerns: • The stairs are proposed to be in the pond, which the Commission does not typically allow. o Russ states it needs to be that way to meet the rise and run of the stairway, the location of the stairs has steep terrain. The stairs are pulled back as far as they can go without digging into the bank. The stairs extend 8 ft into the pond. • The Commission has a firm dock requirement and this project should comply with those standards. Page 2 of 5 Conservation Commission Meeting Minutes —May 10, 202.2 NR states we have not allowed a permanent structure to go into a pond for single-family dwellings. We typically allow a seasonal ramp to a seasonal dock. NR recommends to find a different location for the stairs on the property, if possible. The changes proposed to the deck follows the recommendations of the Commission. Commissioner Bruce Evans moves to continue the hearing for James and Nancy Gould at 42 Featherbed Lane to May 31, 2022 to update plan. Commissioner Gary Kaser second. Roll call vote: Bruce Evans — yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 3 — Yes, 0 — No. Show Cause Hearin 1. Continued - 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 recommends continuing the show cause hearing to May 31, 2022. Commissioner Bruce Evans moves to continue the show cause hearing for 29 Captain Dunbar LLC at 29 Captain Dunbar Road to May 31, 2022 to get updated plans. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 3 — 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 CA states that so far, Commissioners Casey and Mike have visited the site with Cameron who is the representative for Environmental Consulting & Restoration LLC. Upcoming site visit is scheduled with Commissioners Bruce and Gary. NR states the delineation plan seems to accurately portray what is on-site. Questions arise if the stream is considered a river front or not. T.J. Hurrie, attorney for abutter Michael Jardus, joins the meeting. He recommends to the Commission that they can and should impose additional remediation efforts in the area of the original violation. Commissioner Bruce Evans moves to continue the show cause hearing for Brown at 2628 Main Street to May 31, 2022 to allow site visits. Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Gary Kaser —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 this is another property the Commission would like to visit in person. There has been a delay in scheduling site visits for Commission members. CA and NR met with the property owner briefly on-site, they were asked to leave without a tour of the property. Commissioners visiting the property is on hold until Karam reaches out to schedule site visits. NR informs the Commission that the Town Attorney has requested a 30 day extension with the court due to the inability to schedule site visits. Commissioner Bruce Evans moves to continue the show cause hearing for Karam at 330 Main Street to May 31, 2022 to move things forward. Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Gary Kaser —Yes, Michael Tobin —Yes. The Commission is 3 — Yes, 0 — No. Page 3 of 5 Conservation Commission Meeting Minutes —May 10, 2022 nest for Certificate of Com 1. Jim Lavelle, reconstruct dwelling, SE 9-1844, 235 Brier Lane, 48/23 (19/78). CA gives a brief explanation of the project. The project proposed removal of a dwelling and reconstruction within 50' buffer to iHand wetlands. No work was completed under the permit, with a site visit to confirm this. Recommendation is to approve the Request for Certificate of Compliance. Commissioner Bruce Evans moves to approve the Certificate of Compliance for Jim Lavalle at 235 Brier Lane. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 3 — Yes, 0 — No. Request for Administrative Review 1. Ralph Slate proposes the removal of six storm damaged trees at 1491 Main Street, 48/64 (24/2). CA states the work proposed is within buffer zone to inland wetlands. During the site visit only two trees were marked. CA recommends flush cutting storm damaged trees with a site visit to mark the four remaining trees prior to removal. Commissioner Bruce Evans moves to approve the Administrative Review for Ralph Slate at 1491 Main Street. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 3 — Yes, 0 — No. uest for Minor Change to Plan 1. Edward Tateosian requests to replace driveway under SE 9-1897 at 22 Gulls Way, `62/18 (40/19-3). CA states the work proposed is within the buffer zone to inland wetlands in an already paved parking area. It was originally approved for patching, however the driveway is in need of a full replacement. All work to take place within existing paved driveway with retaining wall located between the driveway and the rest of the buffer zone. Commissioner Bruce Evans moves to approve the Minor Change for Edward Tateosian at 22 Gulls Way. Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Gary Kaser —Yes, Michael Tobin —Yes. The Commission is 3 —Yes, 0 — No. 2. Peter and Diane Place requests to construct a shed and retaining wall, as well as plant native plantings under SE 9-1901 at 24 Captain Dunbar Road, 91/47 (7/19). CA states the work is proposed within buffer zone to coastal wetlands, within the lawn area. The applicants wish to extend the retaining wall due to impacts caused by road traffic. Shed construction is outside the 50' buffer. Native species plantings for stabilization within disturbed locations due to construction activities. Commissioner Bruce Evans moves to approve the Minor Change for Peter and Diane Place at 24 Captain Dunbar Road, Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Gary Kaser —Yes, Michael Tobin —Yes. The Commission is 3 — Yes, 0 — No. 3. Beechwood Landing Property Owners Association requests to use pressure treated wood for support posts for a reconstructed deck under approved Determination of Applicability at 0 Beach (off Landing Drive), 82/1 (48/79-1). CA states the applicants are requesting a change in materials to use pressure treated. wood for supports. The change is approved by DEP, determining the activity constitutes a minor project modification which represents an insignificant deviation from the original specifications for Chapter 91 license. Page 4 of 5 Conservation Commission Meeting Minutes —May 10, 2022 Commissioner Bruce Evans moves to approve the Minor Change Request to use pressure treated wood for Beechwood Landing Property Owners Association at 0 Beach. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 3 — Yes, 0 — No. 4. Dennis Orlov requests to add a 12ft by 14ft stone patio with a walkway (oft by 20ft) along the existing dwelling, and 17ft retaining wall at 133 Old Red Top Road, 12/96 (37/56=103). CA states the work is proposed within buffer zone to Isolated Vegetated Wetlands. The proposed patio is outside of the 50' buffer. The applicants are also requesting to plant native species within the 100' buffer zone. Commissioner Bruce Evans moves to approve the Minor Change for Dennis Orlov at 133 Old Red Top Road. Commissioner Gary Kaser second. Roll call vote. Bruce Evans — yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 3 — Yes, 0 — No. of Natural Resources Director NR is hopeful for the Herring Run with warmer weather in the forecast. Reminds the public that Saturday morning is Annual Town Meeting at the Stony Brook School. of the Conservation Administrator Nothing new to report. urn the Meeti Commissioner Bruce Evans moves to adjourn. Commissioner Gary Kaser second. Roll call vote. Bruce Evans —yes, Gary Kaser — Yes, Michael Tobin — Yes. The Commission is 3 — Yes, 0 — No. Meeting adjourned at 6:51 P.M. *Documents discussed at this hearing can be found in 'Public Meeting Packet. 5.10.22' Page 5 of 5 Conservation Commission Meeting Minutes —May 10, 2022