HomeMy Public PortalAboutConservation Commission -- 2022-12-13 Minutes. Z
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December 13, 2022 6:00 PM
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Commissioners Present: Michael Tobin (MT), Bruce Evans (BE), Gary Kaser (GK),
Casey Chatelain (CC), Kimberley Crocker Pearson (KP)
Commissioners Absent: None
Staff Present: Bill Grafton (BG), Chris Miller (CM), Andreana Sideris (AS)
Town of Brewster Conservation Commission
1657 Main St., Brewster, MA 02631
conservation@brewster-ma.gov
(508) 896-4546
Conservation
Commission
Michael Tobin
Chairman
Casey Chatelain
Vice Chair Person
Commissioners
Bruce Evans
Gary Kaser
Kimberley Croc
Pearson
staff
Chris Miller,
Natural Resources
Director
Bill Grafton,
Conservation
Administrator
Andreana Sideris,
Assistant to
Natural Resources
Director and
Conservation
Administrator
APPROVED 10/10/2023
Vote: 6-0-0
1. Call to Order
Bruce Evans (BE) moves to open the meeting at 6:00 pm. Gary Kaser (GK) second.
Approved 5-0-0 by roll call: BE aye, GK aye, KP aye, CC aye, MT aye.
2. Meeting Declaration of Participation Statement
3. Public Comment/ Citizens' Forum
Michael Tobin (MT) welcomes Kim Pearson (KP) to the Board, who has been working with
the Brewster Natural Resources Advisory Commission and is pleased to serve here. Chris
Miller (CM) adds that KP has been following Commission meetings for some time prior to
her appointment.
4. Discussion
4a. $eacon Marine requests to construct stairs above mean high-water without a Ch. 91
license under SE 9-1921 at 150 Gulls Way, 63/24 (41/1)
Bill Grafton (BG) advises that the Chapter 91 license has been approved and is awaiting the
necessary signatures from the Governor's office. They would like to start work on the stairs
above mean high water pending receipt and recording of the license as detailed in the Order
of Conditions. BG suggests approval upon receipt of (1) of an engineer's memo confirming
there: are no substantial differences between the Commission -approved site plan dated 4/4/22
and the plan provided to DEP dated 10/4/22, and (2) evidence that MassDEP signage has
been posted at a location visible from the street.
i
Bruce Evans (BE) moves to approve the start of construction at 150 Gulls Way upon receipt
of the engineer's memo and posting the required MassDEP signage. Gary Kaser (GK)
secofnd. Approved 5-0-0 by roll call: BE aye, GK aye, KP aye, CC aye, MT aye.
4b. 1023 Conservation Commission Meeting Dates & Deadlines
Chris Miller (CM) notes that a Special Town Election is scheduled for January 10, 2023
which would otherwise be the date of the first Commission meeting that month. Bill Grafton
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Conservation Commission Meeting Minutes - December 13, 2022
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(BG) suggests that the Commission move the first meeting to January.3, as all five
Commissioners are available on that date.
Michael Tobin (MT) asks if there has been any news as to when in-person meetings can
resume. CM indicates they are waiting on guidance from Town Admmnistration and the
Board of Health; they will add the matter to the agenda for discussion once this has been
received.
Bruce Evans (BE) moves to approve the 2023 annual meeting schedule as amended, with the
first meeting moved to January 3. Gary Kaser (GK) second. Approved 5-0-0 by roll call: BE
aye, GK aye, KP aye, CC aye, MT aye.
5. Request for Determination of Applicability 1
5a. John and Alexander Roberts request determination as to whether the area - buffer
zone to inland wetlands - and the work - installation of two stone landings, stone
walkway, and a patio - are subject to the Wetlands Protection Act -and jurisdiction of
the BMP Bylaw. Property is on 77 Williams Drive, 67-80 (16-99).'
Charles Wentz (CW), Ponderosa Landscaping, present for applicant, Who proposes to install
a stone walkway and two stone landings as well as replace an existing deck with a bluestone
patio over coarse sand, with 3/8 to 1/2 inch gaps between stones. They also wish to remove a
cherry tree in the 0 to 50 buffer covered in English Ivy, as well as several hazard trees in the
50 to 100 buffer. The stonework will result in a 42 sq ft increase in impervious coverage.
They are also proposing to plant 36 native plants and 7 trees. The lot Mies within the buffer
zone to two wetlands, one in back of the house and one across the street.
CC asks if the existing deck encroaches into the 50; CW indicates the corner of the deck
touches the 50 ft buffer line whereas about 8-10 sq ft of the proposed patio will encroach into
existing lawn area inside the 50. Bill Grafton (BG) and Andreana Sideris (AS) visited the
property and have no issue with the delineation; BG suggests that conservation markers
would create an opportunity for the back of the property to naturally rejuvenate. Michael
Tobin (MT) asks CW to place stones or other boundary to avoid encorachment into the
wetland. BG suggests approval with a positive #5 and negative #3 determination.
Bruce Evans (BE) moves to issue a positive #5 and negative #3 determination to John and
Alexander Roberts at 77 Williams Drive, 76/80. Gary Kaser (GK) second. Approved 5-0-0
by roll call: BE aye, GK aye, KP aye, CC aye, MT aye.
5b. Kenneth and Kathryn Sullivan request determination as to whether the area —
buffer zone to inland wetlands - and the work - removal of fill (vegetative material) -
are subject to the Wetlands Protection Act and jurisdiction of the BMP Bylaw.
Property is on 176 Canoe Pond Drive, 23-57 (36-224).
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Conservation Commission Meeting Minutes — December 13, 2022
Contractor Jon Leonard (JL) present for applicant, noting he was removing green waste in
back of the house when he received a stop -work order. He would like to continue removing
the remaining green waste, comprised mostly of grass clippings and pine needles, by
excavator.
Michael Tobin (MT) asks how JL will stabilize the slope in back once the debris is removed.
JL has been regrading the land with the excavator and hand -raking as he works. Bill Grafton
(BG) shows photos of the back yard, noting there is a significant drop-off just beyond the
tree line. GK asks if erosion controls would be helpful in protecting the slope; BG suggests
the excavator will be a sufficient distance from the slope to not pose a threat. JL states any
disturbance to the topsoil will be minimal, as the bucket he is using has no teeth. GK
questions if exposed soil after the debris removal will present a threat; BG notes there is a
larg population of sweet pepperbush that hold the soils in place as it naturally rejuvenates.
Thelarge presence of these plants in the area between wetland flags B,7 -B9 suggest to him
there, is a wetland beneath the debris that will bounce back once it is removed, and he
suggests that this area of the delineation, by Brad Holmes (BH) of ECR, not be accepted and
that soil testing be conducted to delineate the area within the vicinity of wetland flag B8, but
that the remaining delineation be approved. As such, BG recommends that the Commission
issue a positive 2A determination approving the delineation for WFs B1 -B7 and B9 -B13, as
well as positive 5 and negative 3 determinations.
I
Bruce Evans (BE) moves to issue a positive #5, positive #2a for wetland flags B 1-B7 and
B9-13, and negative #3 determination to Kenneth and Kathryn Sullivan at 176 Canoe Pond
Drive. Gary Kaser (GK) second. Approved 5-0-0 by roll call: BE aye, GK aye, KP aye, CC
aye, MT aye.
6. Notices of Intent
6a. > 9 Muskrat Lane LLC proposes an after -the -fact dune restoration plan on and
within 50 and 100 feet of inland and coastal resources at 19 Muskrat Lane, 103-9 (9-3).
3
The applicant's representative has requested a continuation to the January 24, 2023 BCC
public meeting to allow for receipt of the NHESP comment letter.
Bruce Evans (BE) moves to continue the hearing for 19 Muskrat Lane LLC, at 19 Muskrat
Lane, to January 24, 2023. Gary Kaser (GK) second. Approved 5-0-0 by roll call: BE aye,
GK aye, KP aye, CC aye, MT aye.
Corr' issioner GK recuses from the following discussion and vote:
6b. Continued - 56 Underpass Realty Trust proposes to remodel and expand the
existing veterinary hospital and parking area, install stormwater improvements and
restore native vegetation within 50 and 100 feet of inland wetlands at 56 Underpass
Road, 78-116 (26-6).
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Conservation Commission Meeting Minutes — December 13, 2022
Ian Peach (IP), Wilkinson Ecological, present for applicant along with project engineer John
O'Reilly (JO), J.M. O'Reilly & Associates.
IP notes that a mitigation and restoration area, situated on the westernpart of the property, is
proposed for the project. The plan includes management of invasive species, including black
locust, non-native willows, shrub honesuckle, Asiatic bittersweet, m4flora rose, and
porecelain berry, and the planting of 80 native shrubs, a mix of seven pative grasses, and
seven herbaceous species. The new parking area will be pulled substantially away from the
resource area, and additional native grasses will be part of the stormwater management
system. Approximately 6,300 sq ft of mitigation and restoration is proposed.
Michael Tobin (MT) asks about the current conditions in the mitigation/restoration area,
which IP characterizes as "mid- to high-level degraded by invasive species." MT also asks
about plans for invasive control post -project. IP states they are proposing the restoration area
to go up to the wetland line, as the invasives extend to that point but not into the BVW.
c
JO notes the property has been before the Commission twice before recently, once for a
violation related to landscaping work and for a septic upgrade. The engineering piece of the
project involves additions to the building and parking area, including making the south
entrance/exit "entrance only" and moving the exit to the north side. They will replace a
gravel area near the wetlands on the western side of the building with vegetated swale and
leaching facility, which will decrease the amount of stormwater going, into the wetland and
improve its treatment. JO suggests the project and mitigation will ultimately be an
improvement over the existing conditions.
Casey Chatelain (CC) asks whether the vegetated channel will provide additional stormwater
storage, as the project proposes the removal of a lot of vegetation close to the edge of the
wetlands that serve as habitat for deer and other wildlife. JO states the storage in the swale is
currently designed to accommodate "the one inch of storage from the'driveway areas," and to
treat any stormwater that does discharge into the wetland. Once the area has revegetated and
naturalized, JO suggests the swale will essentially function as a vegetated buffer. CC would
like to see some berming at the edge of the parking area to guide more stormwater to the
swale and limit the extent of the vegetated channel. JO notes that the;.parking area is gravel,
which makes it harder to direct stormwater; he thinks he can narrow down the swale to about
half the size, freeing up space for additional shrubs and trees; Bill Grafton (BG) would favor
a change of this nature. IP notes that the root system of the grasses proposed for this area
have the ability to absorb significant stormwater and handle the occasional periods of
inundation, but there are other plants with the same characteristics thd't he could add to the
area. CC adds that a grassy area alone may be a magnet for pet waste;
Chris Miller (CM) notes if the dumpsters and generator pad in the southwest comer of the
site could be moved northward, it would shift them outside the 50 ft buffer. JO will look at
this option but notes he is trying to keep them away from where he is trying to direct the
stormwater.
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Conservation Commission Meeting Minutes — December 13, 2022
JO assents to a continuance to December 27 to allow IP and JO to work on modifications to
the elongated swale, plantings, and dumpster/generator pad. BG will provide additional
feedback to JO and IP, and suggests that the Commissioners and consultants visit the site
together.
Bruce Evans (BE) moves to continue the hearing for 56 Underpass Realty Trust, at 56
Underpass Road, to December 27, 2022. Casey Chatelain second. Approved 4-0-0 by roll
call: BE aye, KP aye, CC aye, MT aye.
Commissioner GK rejoins the meeting.
7. Show Cause
7a. Continued - 19 Muskrat Lane LLC, c/o Walter Harris, 19 Muskrat Lane 103-9
(9-3j, cutting and clearing of vegetation on and within 50 feet of wetlands without a
valid permit.
Bill (rafton (BG) notes that the Commission specifically asked for a restoration plan under
the enforcement order, not the Notice of Intent that was filed, and recommends a
continuation to December 27 BCC public meeting.
BrucYe Evans (BE) moves to continue the show -cause hearing for 19 Muskrat Lane LLC, at
19 Muskrat Lane, to December 27, 2022. Gary Kaser (GK) second. Approved 5-0-0 by roll
call: ,BE aye, GK aye, KP aye, CC aye, MT aye.
7b. Continued - Brown, 2628 Main Street, 89-14 (15-113-12) 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
Bill Grafton (BG) and Chris Miller (CM) met with homeowner Stephan Brown (SB) and
walked the property with David Schlesinger (DS) and colleagues Tina Sylvester (TS) and
Erik`,$ryant (EB). BG made reference to enforcement orders from 1985, 1994, 2021, and
2022, as well as a Court order for a cease and desist issued 1/6/2022, and discussed how to
resolve issues from the past while making positive changes to the property. There is
significant fill and small structures on the site. BG suggests that soil analysis beneath the fill
should be done for certain areas with Commissioners present to witness, and is willing to
issue a new enforcement order incorporating all previous violations. CM and BG will be
meeting with DS and colleagues again in the next few weeks to seek a way forward. BG has
also .discussed the matter with Town Counsel (TC) and, at TC's advice, obtained a document
granting access to the property.
Michael Tobin (MT) and Bruce Evans (BE) ask about the status of applicant's contract with
Coastal Engineering Company. CM indicates the scope of work referenced in the paperwork
provided is was not what was requested, as it needs to include an evaluation of the original
and existing conditions, as well as how much fill was brought into the wetland; this has been
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Conservation Commission Meeting Minutes — December 13, 2022
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conveyed to DS, as well as the need for more professionals to be involved. MT wants to
ensure SB is making progress in addressing the Commission's concerns.
;z
Kim Pearson (KP) asks if any fines have been imposed on the ownerslgiven that violations
on the property go back nearly 40 years. MT indicates the Commission has issued
enforcement orders and fines and the matter has been in litigation. Andreana Sideris (AS)
states SB paid the most recent one, which was issued in relation to the 2022 violation.
k
Casey Chatelain (CC) asks about the ongoing litigation. CM indicates the Department
recently briefed TC on the matter, who in turn was going to update the Judge. Gary Kaser
(GK) suggests that the Commission let the Court process play out as Apposed to continued
deliberations; MT agrees the Commission has spent way too much time on the matter but
notes the Court will likely instruct SB to resolve his issues with the Commission. BG will
work with DNR staff to move forward, but a resolution is likely several months out.
a
BE moves to continue the show -cause hearing for Brown at 2628 Main Street to December
27, 2022. GK second. Approved 5-0-0 by roll call: BE aye, GK aye, kP aye, CC aye, MT
aye.
7c. 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
I1
The COC for SE9-1181 has been recorded. Permitting with the Fire Department and other
Town agencies is holding up the sale of the property. BG suggests that the Court order not be
lifted until the $12,370 bank check for mitigation plantings and reporting is received.
Bruce Evans (BE) moves to continue the show cause hearing for Karam at 330 Main Street to
December 27, 2022. Gary Kaser (GK) second. Approved 5-0-0 by roll call: BE aye, GK
aye, KP aye, CC aye, MT aye.
8. Request for Minor Change to Plan
8a. Philip and Amanda Davies request to not remove the existing dwelling and to
renovate on existing foundation: to include the elimination of three additions, one
porch, and one second story deck extension; conversion of patio to outdoor shower;
inclusion of an entrance patio with a cantelievered roof, a covered veranda with wood
decking on second floor, and a cantelievered wood deck on second floor under SE9-
1927 at 237 Crocker Lane, 69-2 (5-205).
Applicant has provided a marked up site plan and memo from Rick Grady (RG), Grady
Consulting, denoting the proposed changes to the plan approved under the Order of
Conditions SE9-1927 and attesting that the project as altered proposes less than 500 sq ft of
new impervious coverage. Bill Grafton (BG) suggests that given the extent of the changes, a
revised site plan and more detailed memo would be beneficial to provide clear and
convincing evidence for the Commission, but as he has worked successfully with RG in the
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Conservation Commission Meeting Minutes — December 13, 2022
past; the Commission could alternatively approve with the existing documentation; it could
also. request applicant file a Request for Amended Order of Conditions or a new Notice of
Intent.
Applicant Phil Davies (PD) gives a brief summary of the proposed changes, which are
essentially to renovate the current house in its existing footprint, adding a second floor and
reducing the number of decks "to minimize the impact on the location." PD notes that the
mitigation plantings, which are based on the original proposal, would remain the same. BG
will. assist PD in providing the information the Commission is seeking.
Bruce Evans (BE) thinks the proposals may be a reduction in scope but there may be too
many changes to approve as a "minor change." Casey Chatelain (CC) notes the Commission
just -received the documents this afternoon and would like more time to review; Michael
Tobin (MT) concurs. BG suggests that the Commissioners provide comments to him
betvyeen now and the next meeting.
BE moves to continue the hearing for Philip and Amanda Davies, at 237 Crocker Lane, to
December 27, 2022. Gary Kaser (GK) second. Approved 5-0-0 by roll call: BE aye, GK
aye`KP aye, CC aye, MT aye.
9. Report of Natural Resources Director
Nothing new to report.
r
10. Report of the Conservation Administrator
Nothing new to report.
11. Adjourn the Meeting
Bruce Evans (BE) moves to adjourn. Gary Kaser (GK) second. Approved 5-0-0 by roll call:
BE aye, GK aye, KP aye, CC aye, MT aye.
Meeting adjourned at 7:31 PM.
Respectfully submitted
Cass�ndn West, Senior Department Assistant, Oepartment of Natural Resources
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Conservation Commission Meeting Minutes — December 13, 2022