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HomeMy Public PortalAboutConservation Commission -- 2022-12-27 MinutesgCW$�� s Cx O� gLvEfr iy CA 4 x m A Or ` \fJ �" 'POOR➢ORPtEO �.�,J Pea 79. /601 f Conservation Commission Michael Tobin Chairman Casey Chatelain Vice Chair Person Commissioners Bruce Evans Gary Kaser Kimberley Crocker 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 Town of Brewster Conservation Commission 1657 Main St., Brewster, MA 02631 conservation@brewster-ma.gov (508) 896-4546 MEETING MINUTES Remote Participation Only i December 27, 2022 6:00 PM ! CUNI Commissioners Present: Michael Tobin (MT), Bruce Evans (BE), Casey Chatelain (CC), Kimberley Crocker Pearson (KP) Commissioners Absent: Gary Kaser (GK) Staff Present: Bill Grafton (BG), Chris Miller (CM) 1. Call to Order 2. Meeting Declaration of Participation Statement 3. Public Comment/ Citizens' Forum There was no public comment. 4. Discussion 4a. 'town of Brewster Public Meeting Format and Conservation Commission Meeting Dates & Deadline Updates. The'Select Board has authorized hybrid meetings, encouraging in-person but allowing for remote attendance, to commence in March of 2023. A quorum of members must be present in person, and the person running the meeting (Chair or Vice Chair) must be present. The schedule approved at the December 13 meeting must be revised to reflect the hybrid meetings and update the meeting location to Town Hall. Bruce Evans (BE) moves to approve the schedule of meetings for 2023 as revised. Casey Chatelain (CC) second. Approved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye. 4b.;79 Crocker Road/SE9-1911. 69-6 (5-201). The 279 Crocker Road R.T. Unpermitted cutting in buffer zone. Three trees have been cut in the 100 ft buffer by a new company. The property owners have requested a continuation to the January 3 public meeting. Kim Pearson (KP) notes she is a diregt abutter and will recuse herself from the discussion but will vote to maintain the quorum. Bruce Evans (BE) moves to continue the discussion for 279 Crocker Road Realty Trust to January 3, 2023. Casey Chatelain (CC) second. Approved 3-0-1 by roll call: BE aye, KP abstain, CC aye, MT aye. Pagel of 8 Conservation Commission Meeting Minutes — December 27, 2022 t a z 4c. 290 Foster Road/SE9-1631. 79-26 (6-9). Kargman. Request to'waive annual beach renourishment for one year and address existing conditions observed on site. A Donald Munroe (DM), Coastal Engineering Company, present for applicant to discuss the request and other issues raised at a site visit between Bill Grafton (BG) and project manager Catherine Ricks (CR). DM advises that the stair landing observed at the visit has been removed. BG also notes there is scour and reduction in beach sand near the edge of the revetment at 280 Foster that he would like to address while these Orders of Conditions are open. s M Michael Tobin (MT) asks why homeowner wishes to waive the renourishment requirement. BG notes that Special Condition A18 of the OOC SE9-1631 only requires that the longard tubes be covered, and as the tubes have been covered with sand, wrack, or a mixture of both, homeowner feels they have technically complied with the the conditi9n. However, guidance from Coastal Zone Management indicates the tubes should be covered with sand as insurance against cumulative adverse impacts and major storm events. BG suggests waiving the requirement this year but requiring that all tubes must be covered by sand going forward, and that the 2023 renourishment occur by March. DM agrees that a March renourishment makes sense, as well as adding sand to the fomer location of the platform. MT suggests it is in the homeowner's interek to ensure the beach is properly renourished. DM indicates they are looking at additional solutions for the scour area, possibly including fiber rolls, and will file an additional Notice df Intent once they have settled on a design. BG suggests this may be permittable through an Amendment to the OOC SE9-1631 with revised special conditions. Bruce Evans (BE) moves to approve the request by Kargman, at 290 Foster Road, to waive the annual beach renourishment requirement for 2022. Kim Pearson (KP) second. Approved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye. 5. Request for Determination of Applicability 5a. 785 Main Street (Drummer Boy Park), 26-27 (20-11). Brewster. Department of Public Works requests determination as to whether the area - buffer zone to inland resources, and the work - removal and replacement of playground structure, removal of drainage pipe, and introduction of pervious surfacing - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. DPW Director Griffin Ryder (GR) present to discuss a request to remove and replace play structures and drainage pipes. A bridge structure in the toddler section is broken and cannot be repaired. The perforated plastic pipes to be removed have become exposed and present a safety hazard. The work area lies inside the 50' and 100' buffers. A wooden play structure Page 2 of 8 Conservation Commission Meeting Minutes — December 27, 2022 inside the 50 will be replaced with a new structure further from the resource area at a later time. Bill Grafton (BG) indicates the wetland delineation from previous plans is still accurate and the project will improve conditions in the buffer zone. BG recommends issuance of a positive #5, negative #3 ,determination with a special condition that DPW coordinate the location of the relocated or new playset with the Conservation Administrator. Bruce Evans (BE) moves to issue a positive #5 and negative #3 determination to Brewster DPW at 785 Main Street, Drummer Boy Park. Casey Chatelain (CC) second. Approved 4-0- 0 by roll call: BE aye, KP aye, CC aye, MT aye. 5b. 73 Hamilton Cartway, 93-8 (47-71). Christoph Reinhart requests a determination as to whether the area - buffer zone to inland resources, and the work - replacement of a porch and roof deck - are subject to the Wetlands Protection Act and jurisdiction of the BWV Bylaw. Builder Mike Reddish (MR) present for applicant, who wishes to replace an existing porch and F"oof deck in the existing footprint, reusing five of the existing sonotube footings and adding a cantilever. Bill Grafton (BG) has no issue with the project proposed in this filing but notes there is an unpermitted dock on the property for which a request for Chapter 91 license application has been: submitted; he has set up a meeting with homeowner to discuss proper permitting and array gements for seasonal removal and storage. BG recommends issuance of a positive #5, negative #3 determination for the deck replacement with a special condition that homeowner work with the Conservation Administrator on permitting for the dock. Bruce Evans (BE) moves to issue a positive #5 and negative #3 determination to Cristoph Reinhart at 73 Hamilton Parkway. Casey Chatelain (CC) second. Approved 4-0-0 by roll call:BE aye, KP aye, CC aye, MT aye. 5c. 351 Point of Rocks Road, 79/23 (6/7). Custom Construction Services requests determination as to whether the area - buffer zone to coastal resources - and the work - replacement of an existing septic system - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Bobs`Reedy (BR), J.M. O'Reilly & Associates, present for applicant. The proposed activity is replacement of an existing septic system in the same footprint, with the leaching facility sited as fdr away from the resource area as practicable. Bill Grafton (BG) agrees that the new system is located as far away as possible from the coastal bank and recommends approval with ;a positive #5, negative #3 determination. Page 3 of 8 l Conservation Commission Meeting Minutes — December 27, 2022 5 u s l c. Bruce Evans (BE) moves to issue a positive #5 and negative #3 determination to Custom Construction Services at 351 Point of Rocks Road. Casey Chatelain "CC) second. Approved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye. 6. Notices of Intent 6a. 35 Captain Dunbar Road, 91-38 (7-13)/SE9-1942. Louise Wilson proposes the installation of a fence enclosure, generator and a post -supported storage box, as well as sand nourishment on and within coastal resources. x Bob Perry (BP), Down Cape Engineering present for applicant, who has recently purchased the property and wishes to install a generator, trash enclosure, and 3' by 10' storage shed on posts as well as renourish the beach in back of the house; applicant will also fulfill the outstanding conditions from a previous Order of Conditions, including plantings and stabilization of the site. The structures would be elevated 6" to 8" above the ground to allow for sand and water movement. They would coordinate the beach ren4urishment with similar activity on neighboring properties; they propose to add 42 cubic yardi of sand annually to the area above the existing revetment; additional beach grass planting would also be beneficial in this zone. Construction access would be from the driveway for the structure construction and the beach for the renourishment. Michael Tobin (MT) asks if the proposed work would have any impact on the existing vegetation. BP thinks any impacts would be limited, as the structures`are in disturbed area close to the house, and any impacted areas would fill in with beach grass. MT also asks how the structures would be accessed from the home. BP indicates there is no walkway proposed to these structures; the generator would be accessed by walking through beach grass, but the need for such access would be infrequent; they are willing to consider; the addition of pavers; MT suggests this might prevent further encroachment into the resource area. Casey Chatelain (CC) notes the site plan includes a "building portion yet to be constructed" and wonders if that will block direct access to the structures on that side of the house. BP states this is a landing with steps on either side and will probably be used to: access the shed. Bill Grafton (BG) notes there is a lot of exposed geotextile above the revetment and would ultimately like to see it removed in order to reestablish a functioning dune in the area. As this might have been allowed in an earlier permit; a permitting history. from BP, who has worked extensively at this site, would be useful. BP indicates that the: purpose of the geotextile is to prevent the revetment from being undermined; the exposed fabric should either be trimmed off or pulled back against the edge of the capstone; forthcoming beach grass plantings will help restore the health of the dune. Chris Miller (CM) suspects additional geotextile was added to the revetment area over the years and suggests it be trimmed back to the capstones in concert with renourishment and plantings. CM also noted that the vegetation on either side of the stairs appears to have been significantly trimmed and would like this OOC to specify what sort of vegetative Page 4 of 8 Conservation Commission Meeting Minutes — December 27, 2022 management can occur there. CM is concerned that if the shed is used to store beach equipment, eventually the owners will blaze a path through the plantings and dune. BP will inquire about any trimming of vegetation and is open to the use of snow fencing to prevent passage through and protect the plantings. BG notes that snow fencing is used on the abutting property with some success. A variety of plantings at different root depths would help -secure the new sand to the dune. BG suggests feedback from Coastal Zone Management regarding snow fencing and other alternatives may be beneficial, and would be more economical than a third -party review. BP is comfortable with his proposal but open to additional feedback. MT suggests a continuance to allow BP to update the site plan, provide additional detail as to geotextile status and proposed snow fencing, and ask about shed usage and access. BG will work with BP on revisions. Bruce Evans (BE) moves to continue the hearing for Louise Wilson at 35 Captain Dunbar Road to January 3, 2023. Casey Chatelain (CC) second. Approved 4-0-0 by roll call: BE aye, aye, CC aye, MT aye. 6b. 56 Underpass Road, 78-116 (26-6)/SE9-1940. Continued Public Hearing. Brewster Veterinary Hospital 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. A continuation request was received. Bill Grafton (BG) notes that revised submittals were a received with the request. Bruce Evans (BE) moves to continue the hearing for Brewster Veterinary Hospital at 56 Underpass Road to January 3, 2023. Casey Chatelain (CC) second. Approved 4-0-0 by roll call: 13E aye, KP aye, CC aye, MT aye. 6c. 19 Muskrat Lane, 103-9 (9-3)/SE9-1941. Continued Public Hearing. 19 Muskrat Lane LLC, proposes an after -the -fact dune restoration plan on and within 50 and 100 feet of inland and coastal resources. A continuation request was received. Bruce Evans (BE) moves to continue the hearing for 19 Muskrat Lane LLC at 19 Muskrat Lane- to January 24, 2023. Casey Chatelain (CC) second. Approved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye. 7. Request for Certificate of Compliance 7a. 0 Holly Avenue, 125-91 (29-58)/SE9-1830. Robinwood Homeowner's Association, Owl Pond Beach Access. Page 5 of 8 Conservation Commission Meeting Minutes — December 27, 2022 Bill Grafton (BG) has been working with Donna Smith (DS) of the HOA. An As -Built plan bearing a Registered Professional Engineer stamp and signature is reghired, as is additional information regarding the planting plan and any authorized deviations; 140 plants have been put in. BG noted a corrugated drain pipe at the property and was advised by James Jones of DPW that the pipe directs stormwater from Holly Ave into a riprap splash pad and leaching field. f Bruce Evans (BE) moves to continue the Certificate of Compliance request for Robinwood HOA at 0 Holly Avenue to January 3, 2023. Casey Chatelain (CC) second. Approved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye. 8. Show Cause Hearing 8a. 19 Muskrat Lane 103-9 (9-3). Continued -19 Muskrat Lane LLC, c/o Walter Harris, cutting and clearing of vegetation on and within 50 feet of'wetlands without a valid permit. A continuation request was received at the Department of Natural Resources. Bruce Evans (BE) moves to continue the show -cause hearing for 19 Muskrat Lane LLC at 19 Muskrat Lane to January 3, 2023. Casey Chatelain (CC) second. Ap�roved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye. y 8b. 2628 Main Street. 89-14 (15-113-12). Continued - Brown. 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) have been in communication with David Schlesinger (DS), who has been identified by Mr. Brown as the primary point of contact, regarding the necessary steps to resolve this and the other open Enforcement Orders. The presence of fill and a possible perennial stream also need to be clarified. DS has provided some documentation indicating the land has been classified as being in agricultural use under MGL Chapter 61A, is reaching out to Coastal Engineering Company (CEC) and ECR for assistance with a revised site plan, wetland delineation and restoration plan. Attorney T. J. Hurrie (TH), representing abutter Michael Jardus (MJ),reminds the Commission of the ongoing litigation, including a pending preliminary injunction, and notes there are a number of tools at its disposal, including the imposition offines, to compel compliance with the orders. Attorney Hurrie also thanks BG for his efforts to get up to speed and move the matter forward. Michael Tobin (MT) notes things seem to be moving in the right direction but wants to ensure that SB continues to do and provide what the Commission asks; if certain benchmarks aren't hit by a certain date, the Commission needs to start taking different tactics as Page 6 of 8 Conservation Commission Meeting Minutes — December 27, 2022 suggested by Attorney Hurrie. BG suggests the next step should be getting CEC and ECR onto the site as soon as possible; MT wants to ensure CEC and ECR have actually been hired and not just spoken to on the phone. DS indicates Coastal has been paid a $3000 retainer but the scope of work in the contract needs to be expanded as discussed by the Commission at the December 13, 2023 meeting. Casey Chatelain (CC) would like the revised and signed contract to be provided as soon as possible even if some work cannot be done right away. BG asks DS if the updated, signed contract can be provided in two weeks; DS thinks this will work. BG will assist DS in conveying to Coastal and ECR what the Commission needs from them. Bruce Evans (BE) moves to continue the show -cause hearing for Brown at 2628 Main Street to January 3, 2023. CC second. Approved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye.,, 8c. 330 Main Street, 15-20 (21-30-19). Continued - Karam. Construction of addition, retaining walls and patios, vegetation clearing within 50 and 100 feet of inland wetlands. Homeowner David Karam (DK) has advised that the closing has been pushed out to January due to outstanding permitting with other Town agencies. Bill Grafton (BG) reviewed and signed off on an after -the -fact building permit for a greenhouse and patio. Bruqe Evans (BE) moves to continue the show -cause hearing for Karam at 330 Main Street to January 3, 2023. Casey Chatelain (CC) second. Approved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye. 9. Rpquest for Minor Change to Plan 9a. 237 Crocker Lane, 69-2 (5-205). Philip and Amanda Davies request to not remove the existing dwelling and to renovate on existing foundation: to include the elimination of tl}ree 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. An updated narrative has been provided, detailing the proposed deviations, indicating they reduce the new impervious coverage by 220 sq ft, and that total new impervious coverage is under 500 sq ft. Bill Grafton (BG) notes that none of the proposed new activites move closer to the resource area, and several Commissioners indicated to him they had enough information to take a vote. BG suggests the Commission could either approve as a Minor Change To Plan or require the filing of a Request for Amended Order of Conditions. t f BG also notes he observed a backwatered catch basin, near the septic tank but outside the 100 ft buffer, whose functionality could be improved with basic regular maintenance. Kim t` i Page 7 of 8 Conservation Commission Meeting Minutes — December 27, 2022 Pearson (KP) asks if the basin is sufficiently set back from the septic -tank under the Town Bylaw. BG is not aware of a specific required setback. Bruce Evans (BE) moves to approve the request for Minor Change To Plan for Davies at 237 Crocker Lane. Casey Chatelain (CC) second. Approved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye. 9. Report of Natural Resources Director Nothing new to report. 10. Report of the Conservation Administrator Bill Grafton (BG) has been busy and is getting to know the Commissioners, staff, and other Town employees. "Brewster is in good hands." 11. Adjourn the Meetin Bruce Evans (BE) moves to adjourn. Casey Chatelain (CC) second. ;Approved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye. Meeting adjourned at 7:27 PM. Respectfully: submitted _ Cassandra West, Senior Department Assistant, Department of Natur :T Y Page 8 of 8 Conservation Commission Meeting Minutes — December 27, 2022 i< i'