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HomeMy Public PortalAboutConservation Commission -- 2022-04-26 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@brewster-ma.gov (508) 896-4546 MEETING MINUTES Remote Participation Only April 26, 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.00v), or Video recording (tv brewster-ma,gov). Commissioners Present: Michael Tobin, Casey Chatelain, Bruce Evans, Gary Kaser, Peter Wells Commissioners Absent: N/A Staff Present: Chris Miller (NR) Call to Order Meeting Declaration of Participation Statement Public Comment / Citizens' Forum Discussion 1. Discussion of soil assessment work to take place on Wing Island. NR describes the project as detailed in the Memorandum by Horsley Witten Group, The. survey is exempt under the Wetlands Protection Act. Geoff Clover, Horsely Witten Group, joins the meeting to answer any questions the Commission may have. Commissioner's comments/concerns: • Commissioner Bruce states Horsley Witten Group is a company that Brewster has done a number of projects with in the past. He states that he is okay with them conducting a soil assessment and has good faith they will restore any damaged areas. Commissioner Bruce Evans moves to approve the use of the equipment in the marsh as described by Horsley Witten Group and their documentation given to the Commission. 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. Discussion of a follow-up Restoration Plan under SE 9-1890 for 0 Swift Lane, 69/92 (5/141). NR reviews the Restoration Plan submitted by Crawford Land Management and the proposed changes to the plan. Applicant is requesting for the commission to approve the minor change to the follow-up restoration plan. Commissioner Bruce Evans moves to approve the Minor Change to Plan for 0 Swift 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. u Notices of Intent 1. 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. He describes the project as detailed in the application, narrative, and site plan. The project is replacing a failed cesspool to a Title V septic system. Commissioners have no further comments. NR states the Conservation Administrator has conducted a site visit. The deck will be temporarily removed during work and replaced when the project is complete. Commissioner Bruce Evans moves to continue the hearing for Mary Ellen Wood at 235 Brier Lane to May 10, 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. 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). Jason Ellis, J,C. Ellis Design, represents the applicant. He describes the project as detailed in the application, narrative, and site plan. Commissioner's comments/concerns: • Is there an expansion of the dwelling? o There are a couple of expansions including: a deck built above the existing deck, the porch is going to turn into a room with a room above that on the second floor, proposed front porch. • The Commission needs plans to show the proposed mitigation plantings for expansion on structure NR states the Commission needs the total sq ft of impervious area to calculate stormwater data under the new Bylaw. Commissioner Bruce Evans moves to continue the hearing for Philip D. &Amanda J. Davies at 237 Crocker Lane to May 10, 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. 3. Continued 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 Icayalc racks within 100 feet of coastal wetlands at 3057 Main Street, 101/45 (8/8) David Michniewicz, Coastal Engineering, represents the applicant. David mentions that Noelle had some questions regarding the lighting in the parking area; Condition A19. NR states there is existing lighting in the proposed parking area which will remain in place, The lights most likely will not be used during the summer, but will possibly be used during evenings in the fall as a safety measure. The lights do not shine in the resource area, they shine downward only on paved surfaces. Commissioner Bruce Evans moves to approve the Order of Conditions for The Town of Brewster 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. Page 2 of 5 Conservation Commission Meeting Minutes—April 26, 2022 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). NR states the representative requested to continue the hearing to May 10, 2022. Commissioner Bruce Evans moves to continue the hearing for James and Nancy Gould at 42 Featherbed Lane to May 10, 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. 5. Continued -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). Jon Bruce, Brewster Conservation Trust, joins the meeting. Jon states that John O'Reilly submitted the updated plans to the Commission. Commissioners have no further comments. Commissioner Bruce Evans moves to approve the Order of Conditions for Brewster Conservation Trust at 0 Lower 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. 6. 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). Don Munroe, Coastal Engineering, represents the applicant. He states he has no issues with the Draft Order of Conditions or Greg Berman's report. NR states NHESP feedback remains the same with the updated plan. Commissioner Bruce Evans moves to approve the Order of Conditions for Walter Harris at 19 Muskrat 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. Show Cause H 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 NR states the engineer has requested to continue the meeting to May 10, 2022, Commissioner Bruce Evans moves to continue the show cause hearing for 29 Captain Dunbar LLC at 29 Captain Dunbar Road to May 10, 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 T.1. Hurrie, attorney for abutter Michael tardus, requests for the Commission to investigate the entirety of the site when they conduct their site visit. Page 3 of 5 Conservation Commission Meeting Minutes—April 26, 2022 Commissioner Bruce Evans moves to continue the show cause hearing for Brown at 2628 Main Street to May 10, 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. 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 NR states Karam has been in touch with the Conservation Administrator to set up a site visit with her and the Commission. Commissioner Bruce Evans moves to continue the show cause hearing for Karam at 330 Main Street to May 10, 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. Donald &Ruth Wright propose to install a landscape tie berm, walkway, and two drywells at 14 Captain Fitts Road, 88/9 (27/203). NR states the walkway was previously approved, (SE 9-1537) and Noelle recommends approval of the Administrative Review. Commissioners have no further comment. Commissioner Bruce Evans moves to approve the Administrative Review for Donald and Ruth Wright at 14 Captain Fitts 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. uest for Minor Change to Plan 1. Daniel Gaquin requests to add stepping stones near the existing rinse station under SE 9-1886 at 42 Warrens Road, 38/75 (2/33). Angela Taylor,lenick Studio and Crawford Land Management, representing the applicant. She explains the minor change as detailed in the narrative and site plans. She notes the minor change will be increasing the hardscape by 100 sgft, which is still well below that which was removed. Commissioners have no further comment. Commissioner Bruce Evans moves to approve the Minor Change to Plan for Daniel Gaquin at 42 Warrens 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. 2. Stevens requests to add plantings within the 50 and 100 foot buffer zone under SE 9-1843 at 203 Leland Road 33/5 NR describes the minor change as detailed in the narrative and site plan. The work will occur on an Inland Bank and shall include plantings, native plantings only, to enhance the buffer zone. Commissioners have no further comment. Page 4 of 5 Conservation Commission Meeting Minutes—April 26, 2022 Commissioner Bruce Evans moves to approve the Minor Change to Plan for Stevens at 203 Leland Drive. 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. ort of Natural Resources Director NR states the department is working on pond sampling. There is nourishment work happening on some of the beaches, which should be complete by the first of May. Kate's Seafood is requesting to continue placing trash cans and tables in the grassy area on conservation land directly across from their property. The tables can be used by anyone who visits the conservation area, they shall not be limited to only customers. With Conservation Commission's approval, Town Administration and the Selectboard will come up with a license to allow the use of town property. Commissioner Bruce Evans moves to support the use of picnic tables on conservation land across from Kate's Seafood as long as the public is allowed to use them. 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 the Conservation Administrator Not present/ No report urn the Meetin Commissioner Bruce Evans moves to adjourn. 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. Meeting adjourned 6:43 P.M. *Documents discussed at this hearing can be found in 'Public Meeting Packet. 4.26.22' Page 5 of 5 Conservation Commission Meeting Minutes -April 26, 2022