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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 �i g 3 conservation brewster-ma. oviJ, m IS - - - o = _._ p �' (508) 896-4546 z= ' FRE=1 i LR i off r: . 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. Page 1 of 6 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 Page 2 of 6 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. Page 3 of 6 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. Page 4 of 6 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. �: Page 5 of 6 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 Page 6 of 6 Conservation Commission Meeting Minutes — January 3, 2023