HomeMy Public PortalAboutConservation Commission -- 2023-01-03 MinutesAPPROVED 10/24/2023
Town of Brewster Conservation Commission
Vote: 5-0-0
1657 Main St., Brewster, MA 02631
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MEETING MINUTES
Remote Participation Only
January 3, 2023 6:00 PM
Conservation
Commission
Michael Tobin
Chairman
Casey Chatelain
Vice Chair Person
Commissioners
Bruce Evans
Gary Kaser
Kimberley Crocker
Pearson
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)
1. Call to Order
Michael Tobin declares a quorum and opens the meeting at 6:00 p.m.
2. Meeting Declaration of Participation Statement
3. Public Comment/ Citizens' Forum
4. Discussion
Staff
4a. 279 Crocker Lane/SE9-1911. 69-6 (5-201). The 297 Crocker Lane R.T. Unpermitted
Chris Miller,
Natural Resources
cutting in buffer zone.
Director
Three (3) trees have been cut in the 100 ft buffer to a coastal bank without a permit.
Bill Grafton,
Homeowner Suzanne Bruno (SB) indicates the trees were removed by their long-time
Conservation
landscaper; they were not aware a permit was needed, as the trees were outside the 50 ft
Administrator
buffer. The trees were growing wide and causing mold issues with the outdoor shower on
Andreana Sideris,
that:side of the house; they intend to plant three (3) new trees in the same spot. Michael
Assistant to
Tobin (MT) suggests that this be permitted by submittal of a Minor Change To Plan, which
Natural Resources
will+require them to ensure the new trees survive.
Director and
Conservation
Bruce Evans (BE) moves to continue the discussion for 279 Crocker Road Realty Trust @
Administrator
279.Crocker Road/SE9-1911 to January 24, 2023. Gary Kaser (GK) second. Approved 4-0-
1 by roll call: BE aye, GK aye, CC aye, MT aye; KP abstain.
4b. 179 Swamp Road/SE9-1937.49-144 (18-29). Fazekas install outdoor stair lighting;
review Special Condition A19 (spotlights and floodlights).
At apre-start-of-work meeting for SE9-1937, homeowner John Fazekas (JF) inquired about
adding outdoor stair lighting; Bill Grafton (BG) noted that no spotlights or flood lights would
be allowed under special condition Al 9. JF's contractor has recommended two low -voltage
land'` cape lights pointing downward on either side of the stairs to ensure pedestrian safety at
night. BG recommends approval as a de minimis activity and suggests that the language in
A19 be updated moving forward to specifically allow for low -voltage and timed lighting
options where safety is an issue.
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Conservation Commission Meeting Minutes — January 3, 2023
Michael Tobin (MT) suggests the proposed lighting is a safe and effective way to light stairs
in d resource area. Bruce Evans (BE) notes the intent of A 19 is to avoid wildlife impacts and
"this isn't going to impat wildlife," but Kim Pearson (KP) wants to avoid a slippery slope, as
"this has been a pretty absolute prohibition historically." MT notes this walkway provides
access to the driveway, which raises a fundamental safety concern as opposed to an earlier
project requesting lighting for a walkway through a dune. Chris Miller (CM) notes the A19
language references floodlights and spotlights that illuminate the resource area and suggests
the language could be tweaked to allow safety lighting facing strictly downward and not
illuminating the adjacent resource area or buffer. KP suggests that BG check the lights after
they are installed to determine the extent of the "light wash"; BG will do so but would like
lighting clearly for safety purposes to be allowed under the condition language or approvable
administratively moving forward.
Commission consensus after the discussion is that the lighting can be installed as proposed;
Noratification required. BG will inspect after installation.
5. Notices of Intent
5a. 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.
A continuation request was received.
Bruce Evans (BE) moves to continue the hearing for Louise Wilson at 35 Captain Dunbar
Road to January 24, 2023. Gary Kaser (GK) second. Approved 5-0-0 by roll call: BE aye,
GKaye, KP aye, CC aye, MT aye.
Commissioner Gary Kaser recuses from the following discussion and vote.
5b. ,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 stormwatcr improvements and restore native vegetation
within 50 and 100 feet of inland wetlands.
Project engineer John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant along
with, Seth Wilkinson (SW), Wilkinson Ecological Design. JO notes they have updated their
plan's based on the feedback from the Commission during the December 13, 2022 Public
Meeting and a subsequent on-site visit. The revisions to the engineering plan include
relocation of.the dumpster pads and generator outside the 50 ft buffer. He has also reduced
the width of the grass swale on the southern side of the parking lot from 10' to 6' and
reduced the number of sediment forebays in the channel. The site plan has been updated to
include spot grades of the swale and drainage system area, and information regarding
construction sequencing including implementation of restoration and site improvements, and
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Conservation Commission Meeting Minutes — January 3, 2023
volume of soil to be removed. Implementation will begin "early on in the construction
phase."
SW indicates the two (2) primary revisions to the restoration plan are to specify the use of
native topsoil and compost around the plantings, and increase the proposed plantings along
the banks to provde better filtration. Species to be planted include Bayberry, Carolina Rose,
Service Berry, and Red Chokeberry.
Bruce Evans (BE) opines the Commission should specify the annual monitoring duration for
the plantings, noting three (3) years is the usual condition; Michael Tobin (MT) adds that the
duration can be extended along with the permit, if needed, after three years. JO notes that
other Commissions usually extend an OOC if there is not sufficient planting survival as
oppgsed to requiring 5 years outright.
Casey Chatelain (CC) asks for clarification as to whether the existing fill is proposed to be
supplemented with compost or replaced with topsoil altogether. SW indicates they plan to
repli'ce the fill with native soils in a 3 ft diameter around the plantings, which is standard
practice, but are open to Commission guidance. CC would like to see the compacted soil in
the restoration area broken up to allow for possible future plant growth; SW indicates this
will 'occur during the invasives treatment process.
Bill .Grafton (BG) asks JO whether the checkdams as revised will adequately move water to
the bioretention swale; JO suggests the grade change is slight but sufficient for this purpose.
BG 41so inquires if the catch basins can be relocated from elevation 42 to elevation 41 in
order_ to increase the amount of treated water. JO notes the system as designed meets the
performance standards for a redevelopment project; the basins could be moved as suggested
but could cause the bioretention swale to overflow in 20 year storm events. BG also suggests
that the fencing around the swale and vegetated channel be expanded to protect these areas;
JO suggests this may be not necessary on the north end of the Swale. BG would like to see
this area closed off by fencing but notes this is a matter of Commission discretion.
BG would also like to see the 2021 restoration area added to the site plan, as requested during
the December 13, 2022 Commisison Public Meeting. JO notes that the edge of the parking
area ,on the plan corresponds to the edge of the restoration area, but he will update the plan as
requested.
t�
BG questions whether excavating the bioretention basin deeper, down to native soils, would
improve its performance. JO suggests a trench excavation of the bottom of the swale,
through the clay, could increase the leaching capacity but doesn't think this is needed to meet
the performance standards. SW agrees the swale could be excavated deeper but believes the
plants proposed are hardy enough survive without it. JO indicates their intent is to remove
all the "road base" material. BG also suggests that Item 4G in the Construction Protocol be
amended to specify that unsuitable soils for planting be removed and that BG inspect the
soils along with Wilkinson Environmental; JO assents.
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Conservation Commission Meeting Minutes —January 3, 2023
Regarding the mitigation plan, BG recommends submittal of the initial planting report by
June 1" if in the Spring Planting Season or December 1St if in the Fall Planting Season, with
annual reports thereafter due December 1, and 3-5 years of annual reporting depending on
the success of the plantings. BG also notes that the 2021 restoration plantings, planted with
the "3 ft diameter" method, have been struggling and suggests the restoration area be
excavated to the natural soils. BG also suggests there should be shrub plantings on both
sides of the vegetated channel, that applicant should flag any native trees proposed to remain,
and the Order of Conditions should include an ongoing condition allowing applicant the
option to make additional plantings in the restoration areas.
MT indicates he is comfortable with JO's representation that they will be removing all road
base !:f ll from the restoration area. BG reiterates he would like to observe the soils being
removed during the excavation process; JO assents.
The matter is continued to allow for final revisions and drafting the Order of Conditions; BG
notes there should be no inconsistencies between the site plan and restoration plan.
Bruce Evans (BE) moves to continue the hearing for 56 Underpass Realty Trust, at 56
Underpass Road/SE9-1940, to January 24, 2023. CC second. Approved 4-0-0 by roll call:
BE aye, KP aye, CC aye, MT aye.
Commissioner Gary Kaser rejoins the meeting.
5c. h9 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 to January 24, 2023.
GaryKaser (GK) second. Approved 5-0-0 by roll call: BE aye, GK aye, KP aye, CC aye,
MT aye.
6. Request for Certificate of Compliance
6a. 0..HoIly Avenue/SE9-1830. 125-91 (29-999). Robinwood Homeowner's Association,
Owl;gond Beach Access.
There has been no new communication or documentation from applicant; Bill Grafton (BG)
recommends continuing to the January 24 public meeting.
Bruce Evans (BE) moves to continue the Certificate of Compliance request for Robinwood
HOA at 0 Holly Avenue/SE9-1830 to January 24, 2023. CC second. Approved 4-0-0 by roll
call: BE aye, KP aye, CC aye, MT aye.
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January 3, 2023
Conservation Commission Meeting Minutes —
7. Show Cause
7a. 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.
Bruce Evans (BE) moves to continue the show -cause hearing for 19 Muskrat Lane LLC at 19
Muskrat Lane to January 24, 2023. CC second. Approved 4-0-0 by roll call: BE aye, KP
aye, CC aye, MT aye.
7b. 2628 Main Street, 89-14 (15-113-2). 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.
Davd Schlesinger (DS), representing applicant, advises that Coastal Engineering Company
(CEG) cannot meet a February 27, 2023 deadline for a restoration plan but BSC Group has
indicated they may be able to do so and are working on a proposal with Brad Holmes of
ECR, which he thinks will be ready by the January 10, 2023 Commission deadline. DS cites
the nonrefundable $1200 they paid to CEC as proof of their good faith: Bill Grafton (BG)
affirms that DS has been working with him and multiple consultants to try to meet the
Commission's requirements, and suggests the Commission consider extending the deadline
for the proposal submittal to Friday, January 13, 2023 to allow for BSC Group's consultant
to vi.sit the site and obtain the necessary approvals. CC is okay with the extension as
pxop. sed, given DS' engagement with BG, but not additional continuations. Michael Tobin
(MT) concurs, noting he wants to ensure things continue to move forward.
DS asks about the relation of this Notice of Intent to past Enforcement Orders. BG notes the
EOs`equired preparation of a restoration plan. Additionally, BG received feedback from
MassDEP in the past path to advance an Enforcement Order is through a restoration plan.
This'is due the incentivatization to register the Order of Conditions will not be in place the
way' an Order of Conditions approves proposed work versus the enforcement order which is
required work. CC wants to ensure that none of the additional work the applicant has talked
about gets rolled into this Enforcement Order; MT concurs, and DS indicates at this point
theywonly want to clear up the existing violations.
Attorney T. J. Hurrie, rerpresenting abutter Michael Jardus, asks if any additional deadlines
will be set in order to compel compliance by the applicant. BG indicates that the only current
deadlines are January 13, 2023 for submittal of a signed proposal for preparation of a
restoration plan and February 28, 2023 for submittal of the restoration plan.
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Conservation Commission Meeting Minutes — January 3, 2023
Bruce Evans (BE) moves to continue the show -cause discussion for Brown at 2628 Main
Street 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.
7c. 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.
No new updates. Homeowner is working through permitting issues with other departments.
Bruce Evans (BE) moves to continue the show -cause hearing for Karam at 330 Main Street
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.
8. Report of Natural Resources Director
Chris Miller (CM) notes that the Town beaches have held up well in recent high winds and
tides;; most oysters have been moved off the beach for the winter.
9. Report of the Conservation Administrator
Department staff are working on a modernization effort including form updates, scanning all
critical documents, and developing a master inventory and searchable spreadsheet of
conservation permits.
10. Adjourn the Meeting
I
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 adj ourned at 7:10 PM.
Reslly submitted-,
Cassandra West, Senior Departmen -Assist", Department of Natural Resources
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Conservation Commission Meeting Minutes — January 3, 2023