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Conservation
Commission
Michael Tobin
Chairman
Casey Chatelain
Vice Chair Person
Commissioners
Bruce Evans
Gary Kaser
Kimberley Crocker
Pearson
Ron Slowek
Staff
Chris Miller,
Natural Resources
Director
Bill Grafton,
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
January 24, 2023 6:00 PM
APPROVED 10/24/2023
Vote: 5-0-0
R-REOSTERTN?
Commissioners Present: Michael Tobin (MT), Bruce Evans (BE), Gary Kaser
(GK), Casey Chatelain (CC), Kimberley Crocker Pearson (KP), Ron Slowek (RS)
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 pm.
2. Meeting Declaration of Participation Statement
3. Public Comment/ Citizens' Forum
Michael Tobin welcomes Ron Slowek to the Commission.
4. Discussion
4a. 279 Crocker Lane/SE9-1911. 69-6 (5-201). The 297 Crocker Lane R.T.
Unpermitted cutting in buffer zone.
Three (3) trees were cut in the 100 ft buffer to a coastal bank by homeowner's landscaper
without a permit. At the January 3, 2023 Commission Public Meeeting, it was agreed that
the homeowner's consultant submit a request for a Minor Change To Plan. The homeowners
have requested a continuation in order to prepare a site plan depicting the trees removed and
details regarding the replacements, including species, size, quantity, and location.
Bruce Evans (BE) moves to continue the discussion for 279 Crocker Road Realty Trust/SE9-
1911 to February 14, 2023. Gary Kaser (GK) second. Approved 6-0-0 by roll call: BE aye,
GK aye, KP aye, RS aye, CC aye, MT aye.
4b. Paine's Creek Road, DPW, stormwater infrastructure repairs. Exemption.
Bill Grafton (BG) and Chris Miller (CM) met with DPW foreman James Jones (JJ) regarding
repairs to existing permitted stormwater infrastructure, including drain pipes and riprap
discharging into a wetland buffer, and road grading to address street flooding. BG suggests
the work is an exempt activity under Chapter 172-3 of the Town Bylaw.
Bruce Evans (BE) moves to approve the proposed activity at Paine's Creek Road by DPW as
exempt. Gary Kaser (GK) second. Approved 6-0-0 by roll call: BE aye, GK aye, KP aye,
RS aye, CC aye, MT aye.
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Conservation Commission Meeting Minutes — January 24, 2023
5. Notices of Intent
5a. 33 Ocean Edge Drive, SE9-1945, 90-160-1326 (14-1-33). Suzanne Early proposes the
removal and relocation of an existing deck, walkway, ramp and stairs, deck expansion and
mitigation plantings within riverfront and buffer zones to inland bank, coastal dune and
bordering vegetated wetlands.
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant, who wishes to replace an
existing deck elevated 1-1.5 feet above ground level, within the 50 ft buffer to a bordering
vegetated wetland. The new 10' by 17' deck will be located along the north/northeast corner of
the unit, adjacent to the existing deck location. Mitigation plantings are proposed similar to a
prior OOC restoration planting by the Ocean Edge association, including bayberry, beach plum,
black cherry, eastern red cedar, and American beach grass.
Michael Tobin (MT) asks what is currently found in the new deck location and the amount of the
mitigation plantings compared to what will be removed. There are some shrubs in the work area
that would be removed; they would be removing about 640 sq ft of plantings, 630 sq ft of which
would be mitigated.
Bruce Evans (BE) notes that repairing the existing deck was discussed in an alternatives analysis
and asks JO why this option is not being pursued? JO notes the existing deck is just 19-20 feet
from the BVW at its closest point and the new structure, while larger, will be located entirely
outside the 50 ft buffer except for an elevated timber walkway.
Bill Grafton (BG) notes that the site plan references approved OOC/SE9-1905, which is for a
completely different property; it appears they meant to reference OOC/SE9-1805, which is for
the subject site. JO will double-check the plans. BG adds that state resources, including Mass
Mapper, depict the coastal dune as extending up to edge of the building as opposed to the edge of
dune depicted on the current site plan; this would place the entire project in buffer zone to
coastal dune. BG notes that the performance standards for coastal dune buffer zone, while they
allow for raised decks, do not allow for any adverse effects to vegetation. BG suggests that this
discrepancy should be resolved, adding that the delineation provided on the site plan for SE9-
1805 may nc longer be applicable. The work area also lies entirely in Riverfront area, where
vegetation impacts should again be minimized. BG suggests that applicant should consider
repairing and elevating the existing deck, which would eliminate the adverse impacts to
vegetation and allow for sand and water migration in the area; this would also eliminate the need
for restoration plantings succession and monitoring.
JO notes that the landward extent of the dune was delineated by a coastal geologist 3-5 years
ago, during the permitting for SE9-1805; there is a "dune -looking formation" up to the building,
but the edge of dune was sited further back. He is willing to talk to his client about revisions but
believes the project as proposed meets the applicable performance standards, as the new deck is
elevated sufficiently to allow sand and water migration; it is also outside the 50 ft buffer to the
BVW, which JO suggests is of greater value, in this case, than the dune. However, he could
redesign the project to rebuild the deck in the current footprint if the Commission prefers.
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Conservation Commission Meeting Minutes — January 24, 2023
MT asks if the decking can be made a uniform height? JO notes the height in part is dictated by
the location of a shower off the side of the house as well as two (2) air conditioning units sitting
on the ground.
Casey Chatelain (CC) would prefer to see the deck moved out of the 50 ft BVW buffer.
BG suggests that the Commissioners review the latest site plans, as it depicts the dune as being
closer to the structures than depicted in previous plans, and visit the site.
Chris Miller (CM) notes that JO's site plan depicts a deck around the south side of the building
as a walkway, which may have caused some confusion. JO indicates they would be looking to
replace all the decking timber on the site; he will update the site plan accordingly. BG agrees
that the timber under the walkway is in need of replacement.
The matter is continued to allow for site plan revisions and Commissioner site visits.
Bruce Evans (BE) moves to continue the hearing for Suzanne Early, at 33 Ocean Edge
Drive/SE9-1945, to February 14, 2023. Gary Kaser (GK) second. Approved 6-0-0 by roll call;
BE aye, GK aye, KP aye, RS aye, CC aye, MT aye.
5b. 120 Run Hill Road, SE9-1944.35-34 (36-12-5). Kenneth and Amy Rubin propose to
construct a seasonal dock into the waters of Lower Mill Pond (great pond), construct an
elevated stairway with a landing, as well as install a boat rack and improve foot pathway
on and within inland bank, bordering vegetated wetland and buffer zones to inland bank
and bordering vegetated wetlands.
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant regarding a proposal to
construct a dock system, boat rack, and pathway to provide access to the pond. They are seeking
a variance as to the required 2.5 feet depth at end of dock. The current pond access consists of a
steep, treacherous pathway; they would like to replace this with an elevated stairway and
landing, and will reestablish the slope with native vegetation and ground cover. They would also
like to install a kayak rack at a location just off the landing. Applicants would also like to add
sand and timber ties to the existing pathway through the buffer zone and install a fire pit and
seating area outside the 100 ft buffer.
Bruce Evans (BE) notes the Commission has been willing to waive the depth at end of dock
requirement on the assumption that such docks will only be used to launch kayaks or canoes, but
there is no guarantee of this. Michael Tobin (MT) believes that power boats are not allowed in
Lower Mill Pond; Chris Miller (CM) clarifies there is no prohibition against power boats, but
there is a limitation on the horsepower; it would be difficult to launch one. JO indicates
applicant intends to use the dock for kayacks and canoes.
Bill Grafton (BG) suggests that the applicant to submit more data regarding pond depth at the
dock location. BG asks JO if there is another source he regularly uses? JO indicates the
Chatham Index Well 138, which he used in this submission, is the only system on the Cape that
looks at seasonal groundwater fluctuations, and its calculations have been accepted by the
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Conservation Commission Meeting Minutes — January 24, 2023
Commission in the past; he could obtain the five-year average, as he has done before on Upper
Mill Pond, if so desired. Gary Kaser (GK) notes that the Department of Natural Resources
measures water levels when doing herring counts.
BG also suggests that the Mass. Department of Environmental Protection may have additional
data. JO states they have very little data regarding pond depth, as it is not regulated to the same
extent as saltwater bodies. BG asks if the piles to support the staircase will be on footings; JO
indicates they will be driven straight down, as concrete sonotubes caused more damage during
installation and the building code does not require them.
BG also inquires if Mass. Division of Marine Fisheries comments are required given that Lower
Mill Pond is a fish run. JO notes they have not submitted similar plans to DMF in the past but is
willing to do so if required. BG is willing to research the question with DMF. BG also observed
evidence of vista pruning of saplings and small trees in the buffer zone and suggests this should
cease. The area is likely to regenerate naturally, but restoration plantings may also be beneficial.
Conservation markers to denote "no disturbance" beyond a certain point would be useful in these
situations. JO has been told by the applicants, who recently purchased the property, that they
have done no cutting with the exception of three pines outside the buffer zone.
Applicant Amy Rubin (AR) indicates they blew out some leaves from the area after purchasing
the property and would like to increase the plantings in the buffer zone. BG suggests a special
condition giving applicants the option to implement plantings, and can work with AR on plants.
MT wants applicants to understand that any further cutting or pruning in the area will require a
permit. BG suggests that markers be posted along the 100 ft buffer line along the property lines
and either side of the path. AR asks what kind of markers will be posted along the 100; MT
indicates any kind of structure, including a low-lying fence or boulders, are acceptable.
Gary Kaser (GK) is concerned about erosion on the slope and notes there has been a lot of
clearing along Lower Mill Pond; MT notes there will be an elevated staircase down the slope.
GK points out the path to the staircase is mostly sand and proceeds in a straight line; putting
steps at certain points or having the path meander may mitigate possible erosion. JO notes that
the path is well worn, and the plan already calls for intermittent steps along the walkway, but he
is willing to add curves. BG suggests weaving the path around the trees as another potential
solution. The matter is considered to allow for revisions to the site plan.
Bruce Evans (BE) moves to continue the hearing for Kenneth and Amy Rubin/SE9-1944, at 120
Run Hill Road, to February 14, 2023. Gary Kaser (GK) second. Approved 6-0-0 by roll call:
BE aye, GK aye, KP aye, RS aye, CC aye, MT aye.
5c. 2070 Route 28, SE9-1943. 149-1 (53-28). Pleasant Bay Community Boating Inc,
proposes to reconfigure a parking area and walkways, install drainage trench, create
footpath, install two retaining walls as well as landscape improvements within an
Area of Critical Environmental Concern (ACEC) and buffer zones to coastal bank and
bordering vegetated wetlands.
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Conservation Commission Meeting Minutes — January 24, 2023
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant concerning work at the
facility, parts of which are in Brewster, Harwich, and Orleans. The proposed activity in the
Brewster piece involves creation of two (2) paved parking areas and two (2) paved walkways,
one to a building in Harwich and one to the waterfront, plus a mulched walkway to the
waterfront. They are also proposing a trench by the parking area to capture stormwater. The
current plan will be revised further, as Harwich has asked for a planting mitigation plan for the
work in the buffer zone, including parts of the buffer in Brewster. These plantings will be on a
slope east of the ADA ramp and will be partly located in Brewster, as well as by a fence near the
coastal bank.
Casey Chatelain (CC) asks if the project triggers any review under the Brewster Stormwater
Bylaw. JO indicates the work will add 465 sq ft of impervious area to the Brewster piece, which
is below the threshold for minor projects. A gravel area on the site already handles the drainage
well. Bill Grafton (BG) notes that Brewster has the smallest share of the proposed work, and the
work area is in previous disturbed impervious area. BG and Chris Miller (CM) recommend that
JO specify the additional impervious coverage in Brewster in the updated plans; JO will break it
out for the record, and will provide the planting plan requested by Harwich. The matter is
continued pending receipt of the planting plan and revised site plan.
Bruce Evans (BE) moves to continue the hearing for Pleasant Bay Community Boating/SE9-
1943, at 2070 Route 28, to February 14, 2023. Gary Kaser (GK) second. Approved 6-0-0 by
roll call: BE aye, GK aye, KP aye, RS aye, CC aye, MT aye.
5d. 35 Captain Dunbar Road, 91-38 (7-13)ISE9-1942. Louise Wilson proposes the
installation of a fence enclosure, generator and a post -supported storage box, as well as
sand nourishment on and within coasta lresources.
Bob Perry (BP) present for applicant, Louise Wilson (LW) who is also present. Since the
previous hearing, BP has met with Bill Grafton (BG) on the site and submitted a revised site plan
along with a permitting history for the property. Revisions to the plan include removal of access
from the eastern side of the building and additional shrubbery and beach grass plantings. The
order of conditions SE9-1818, was issued in 2019 and remains valid. They are willing to trim
off excess geotextile fabric observed at the edge of the capstone in back of the house and fill in
the area with clean sand, which BP suggests will ultimately benefit the seaward dune; they
propose to add 42 cubic yards of sand annually to this area, coordinating with other nourishment
activity nearby.
Michael Tobin (MT) agrees that removal of the stepping stones from the eastern side is an
improvement; Casey Chatelain (CC) concurs, as this addresses some of her concerns about
people walking through the dunes from the storage bin.
BG asks about BP's conversion from NGVD29 to NAVD88? BP indicates that the 1.1 foot
conversion factor utilized is more applicable to conditions on the lower Cape. BG would prefer
that NAVD88 figures be provided directly going forward.
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Conservation Commission Meeting Minutes — January 24, 2023
BG notes that the plantings for SE9-1818 appear to have been made without the involvement or
monitoring of a qualified wetland scientist. BP affirms, noting that the landscaper they are using
has worked in the area for many years. They will occasionally utilize a scientist for certain
projects, but does not believe the work here requires "a pedigreed site restorative expert" and
their use of an experienced coastal landscaper to do the plantings is adequate. BG points out that
condition A26 of SE9-1818 specifies that the project "shall be overseen by an experienced
environmental consultant approved by the Conservation Commission." BP notes that the owners
and the landscaper overseeing the plantings met with previous Conservation Administrator
Aguilar on numerous occasions over the last year, and the issue was not raised. BG indicates the
condition leaves the approval decision to the Commission as opposed to the Conservation
Administrator directly. BP has no objection to annual monitoring, as it could help ensure the
success of the plantings.
BG adds that another permit, SE9-966, from 1999, seems to be outstanding as there is no record
of a COC having been issued; BG would like to clear up this matter as well in the current
process. BP is willing to file a COC request for this if needed.
BG also suggests that applicant consolidate SE9-1818 into this application as it would remove
one of the liens against the property and streamline tracking on the DNR end. BP notes that the
planting for SE9-1818 has just started; he would prefer to keep this plan "as is" and augment
with plantings under this new conservation permit application. BG points out that this would
result in two (2) separate monitoring reports which seems duplicative. BP suggests there could
be one monitoring report referencing both plantings. BP is willing to consolidate provided it
doesn't significantly increase costs, but suggests it would cause additional delays, and having
two (2) open OOCs "isn't that unusual or difficult to manage."
MT polls the Commissioners as to whether to keep SE9-1918 as a separate permit: Bruce Evans
(BE) separate; Gary Kaser (GK) separate; Ron Slowek (RS) separate; Casey Chatelain (CC)
separate - don't want to increase costs and delays; Kim Pearson (KP) separate. Chris Miller
(CM) points out that having two open permits can present challenges to staff in ensuring
consistency between site plans and implementation of all conditions, but MT thinks the two
permits mirror each other pretty well. BP will work with BG to ensure work on both permits is
properly documented. The Commission will discuss better streamlining moving forward.
Bruce Evans (BE) moves to continue the hearing for Louise Wilson at 35 Captain Dunbar
Road/SE9-1942 to February 14, 2023. Gary Kaser (GK) second. Approved 6-0-0 by roll call:
BE aye, GK aye, KP aye, RS aye, CC aye, MT aye.
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Conservation Commission Meeting Minutes — January 24, 2023
Commissioner Gary Kaser recuses from the following discussion and vote.
5e. 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.
Bruce Evans (BE) moves to continue the hearing for Brewster Veterinary Hospital at 56
Underpass Road to February 28, 2023. Casey Chatelain (CC) second. Approved 5-0-0 by roll
call. BE aye, KP aye, RS aye, CC aye, MT aye.
Commissioner Gary Kaser rejoins the meeting.
5f. 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.
Bill Grafton (BG), Chris Miller (CM) and Town Counsel Alex Weisheit (TC) recently met with
applicant representatives Nick Crawford NC), Crawford Land Management; Don Munroe (DM),
Coastal Engineering, and Attorney Ben Zehnder (BZ) regarding their filing of an After -The -Fact
NOI/SE9-1941 for the restoration plan required under the Commission's enforcement order.
They have indicated they want the restoration plan to be permitted through this NOI but are
willing to work with staff on its details, and have requested a continuation for this purpose. BG
recommends a continuation to February 28.
Bruce Evans (BE) moves to continue the hearing for 19 Muskrat Lane LLC at 19 Muskrat Lane
to February 28, 2023. Gary Kaser (GK) second. Approved 6-0-0 by roll call: BE aye, GK aye,
KP aye, RS aye, CC aye, MT aye.
6. Request for Certificate of Compliance
Commissioner Ron Slowek recuses from the following discussion and vote.
6a. 0 Holly Avenue/SE 9-1830. 125-91 (29-999). Robinwood Homeowner's Association, Owl
Pond Beach Access.
Applicant wishes to withdraw this request to allow for completion of the third and final
monitoring report. Bill Grafton suggests that the Commission consider an ongoing. condition
giving them the option to make additional plantings when the request is resubmitted.
Bruce Evans (BE) moves to accept the request by Robinwood Homeowner's Association, at 0
Holly Avenue/SE9-1830, to withdraw the request for certificate of compliance. Gary Kaser
(GK) second. Approved 5-0-0 by roll call: BE aye, GK aye, KP aye, CC aye, MT aye.
Page 7 of 12
Conservation Commission Meeting Minutes — January 24, 2023
Commissioner Ron Slowek rejoins the meeting.
6b. 102 Cedar Hill Road, SE9-1722.38-29 (2-34). Jonathan Rosenfield and Arlene
Feldman, demo and rebuild.
Bill Grafton (BG) visited the site and observed the plantings doing well, with all three (3) annual
monitoring reports received. BG recommends issuance of the COC but suggests conservation
markers may be appropriate for the property, as he observed some cutting of herbaceous species,
including goldenrod, in the buffer zone.
Bruce Evans (BE) moves to issue a complete Certificate of Compliance to Jonathan Rosenfield
and Arlene Feldman at 102 Cedar Hill Road/SE9-1722. Gary Kaser (GK) second. Approved 6-
0-0 by roll call: BE aye, GK aye, KP aye, RS aye, CC aye, MT aye.
6c. 202 Brook Trail Road, SE94838.51-109 (40-60). Mary Duquette, dock installation and
path maintenance.
Bill Grafton (BG) indicates the plantings are very well established and suggests the project could
be an example for other seasonal dock projects. Just one of the three required annual monitoring
reports were found in the file, but BG recommends issuance of the COC based on the photo
documentation and detailed As Built plan submitted by project engineer John O'Reilly.
Bruce Evans (BE) moves to issue a complete Certificate of Compliance to Mary Duquette, at 202
Brook Trail Road, Gary Kaser (GK) second. Approved 6-0-0 by roll call: BE aye, GK aye, KP
aye, RS aye, CC aye, MT aye.
7. Request for Extension to Order of Conditions
7a. 44 Governor Prence Road, SE9-1801.58-27 (4-10). Jacquelyn Jennett, vista pruning
The required annual monitoring reports have not been submitted, as homeowner was under the
impression that the emails and pictures sent to prior Conservation Administrator Aguilar were
sufficient. She has hired Bartlett Tree Services, who will meet with Bill Grafton (BG) in the
field and provide the reports. BG recommends granting a three-year extension with a letter
providing guidance on the annual monitoring reporting requirements.
Bruce Evans (BE) moves to approve the request for a three year extension to the Order of
Conditions for Jacquelyn Jennett, at 44 Governor Prence Road/ SE9-1801. Gary Kaser (GK)
second. Approved 6-0-0 by roll call: BE aye, GK aye, KP aye, RS aye, CC aye, MT aye.
7b. 67 Carver Road, SE9-1610.50-43 (3-20). Elizabeth W.J. Rice Cottage Nominee Trust,
sturdy sand drift fence and beach nourishment.
The required annual monitoring reports have not been submitted, and there have been several
Amended OOCs and Extension OOCs. There are several properties in the Brewster Park
Homeowner's Association with open Order of Conditions. Bill Grafton (BG) will meet with
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Conservation Commission Meeting Minutes — January 24, 2023
these owners to communicate the OOC requirements and recommends granting a three-year
extension for this OOC, to 1/28/26, so the reports can be provided.
Bruce Evans (BE) moves to approve the request for a three year extension to the Order of
Conditions for E.W.J. Rice Cottage Nominee Trust, at 67 Carver Road. Gary Kaser (GK)
second. Approved 6-0-0 by roll call: BE aye, GK aye, KP aye, RS 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.
Bill Grafton (BG) will be meeting with applicant's representatives on the restoration plan. Town
Counsel Alex Weisheit (TC) expects this will be submitted before the next meeting, at which
point they will withdraw the After -The -Fact NOI and the Commission can coniser a dissolution
of the Enforcement Order..
Bruce Evans (BE) moves to continue the show -cause discussion for 19 Muskrat Lane LLC at 19
Muskrat Lane to February 28, 2023. Gary Kaser (GK) second. Approved 6-0-0 by roll call: BE
aye, GK aye, KP aye, RS aye, CC aye, MT aye.
8b. 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.
Bill Grafton (BG) indicates the property owner's representative has hired BSC Group and a
proposal has been received that meets some, but not all, of the Commission's expectations. BSC
has declined to have one of their RPEs stamp the existing conditions plan, as the culver design
was not prepared by them. BG suggests that the Commission consider whether to accept the
unstamped plan. BG has been working effectively with David Schlesinger (DS) and suggests the
proposal, which will include an updated delineation, significantly advances the restoration of the
property.
DS indicates he recently met with Matt Creighton (MC) at BSC Group, who indicated they can
prepare restoration plan by the Commission's February 27, 2023 deadline, but not if the
Commission needs two weeks before that date to review it. BG suggests that the Commission
view February 27, 2023 as a submission deadline but acknowledges this doesn't give the
Commission much time before the February 28, 2023 Commission Public Meeting. He has
confidence in BSC's work and will assist them in their preparations, as it is in everyone's interest
to resolve the issues on the property.
DS indicates BSC was also concerned they might have to dig up or re-engineer a culvert. BG
indicates this will likely be determined at some future point. DS .also notes BSC stated to him it
was not ethical for them to affix their RPE stamp on the existing conditions plan because they
didn't design it. Michael Tobin (MT) is not comfortable accepting a plan without an RPE stamp;
Ron Slowek (RS) and Casey Chatelain (CC) are also not comfortable. DS notes that the stamps
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Conservation Commission Meeting Minutes — January 24, 2023
would bear a Professional Land Surveyor (PLS) stamp but BSC has indicated they cannot affix
their RPE stamp. MT points out that they need a plan that is certified to show the existing
conditions and it raises a red flag to him that they are unwilling to do so. Town Counsel (TC)
states it is a matter of Commission discretion as to what to kind of stamp to require but thinks the
RPE stamp requirement is reasonable. Chris Miller (CM) notes that the Commission needs to
know the existing conditions so it can decide how to proceed. Kim Pearson (KP) would like to
see forward momentum first and foremost and does not want lack of an RPE stamp on the
existing conditions to hold things up. MT is concerned it will be harder to get an RPE stamp on
subsequent plans if there is not one on the initial plan. BG notes the language in the
Commission's enforcement order specifies that "the restoration shall be according to the
requirements of the authorizing authority," in this case the Commission, so it will still be able to
require an RPE stamp on subsequent plans even if it accepts a PLS stamp on the Existing
Conditions Plan now. Bruce Evans (BE) agrees with KP that accepting the PLS stamp is
acceptable if it helps maintain forward momentum.
MT asks how they will know the culvert and other site features are accurately depicted without
the RPE stamp. BG notes that the restoration plan must accurately depict all work proposed,
which in turn will require an accurate depiction of the existing conditions and wetland
delineation, and is comfortable accommodating DS and BSC on this point. CC suggests that all
Commissioners visit the site to confirm the depictions on the existing conditions plan; RS
concurs. DS indicates a site visit by the Commissioners would be fine; he just wants to ensure
the plan they are expending funds to prepare will ultimately be approved. After further
discussion, MT affirms the Commission will accept an Existing Conditions plan from BSC with
a PLS stamp.
Gary Kaser (GK) would also like some documentation that Cape Cod Mosquito Control
authorized the culvert on the site. CM notes that Mosquito Control has exemptions to allow for
maintenance work, but the culvert is about twice as long as that shown in previous plans and
there is significant filling of wetland.
Attorney T. J. Hurrie (TH), representing abutter Michael Jardus (MJ), reserves comment on the
restoration plan until one is finalized but cautions the Commission to proceed carefully in its
review of the existing conditions plan given the size of the property and extent of the previous
violations.
DS advises that property owner Stephan Brown (SB) has appointed his son Corey Brown (CB)
as a co -trustee of the property. CB notes that he grew up on the property but hasn't been directly
involved in the recent activity. He is aware there is much to be done and wants to be proactive,
but also realistic, in bringing the property back into regulatory compliance; "we just need a clear
path forward to accomplish those things" so they can accomplish their own goals for the
property. BG looks forward to working with CB; having a lot of eyes on the property will help
all parties move forward.
BG also notes there is a clogged culvert off the property which may provide some drainage relief
on the property if addressed. MT authorizes BG to reach out to the property owner and Cape
Cod Mosquito Control to see what they can do. Questions arise about new Commissioner Ron
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Conservation Commission Meeting Minutes — January 24, 2023
Slowek (RS) eligibility for this discusision. Town Counsel Alex Weisheit (TC) indicates it is
okay for new Commissioner RS to participate and vote on this matter, as there are no pending
applications before the Commission for the property.
Bruce Evans (BE) moves to continue the show -cause discussion for Brown at 2628 Main Street
to February 14, 2023, Gary Kaser (GK) second. Approved 6-0-0 by roll call: BE aye, GK aye,
KP aye, RS aye, CC aye, MT aye.
8c. 330 Main Street, 15-20 (21-30-19). Continued - Karam. Construction of addition,
retaining wails and patios, vegetation clearing within 50 and 100 feet of inland wetlands.
Building has issued a certificate of occupancy with conditions, but homeowner, David Karam
(DK) has advised the closing will likely not take place until the second week of February. Town
Counsel (TC) indicates most of the original issues in the court case have been resolved, but DK
has not been responsive to the Town's filings. The Clerk Magistrate at Barnstable Superior
Court has asked him for updates and indicated a default judgment will issue against DK if he
remains unresponsive. TC will be contacting DK, asking that he provide the agreed-upon
funding for the plantings so the matter can be closed out.
Bruce Evans (BE) moves to continue the show -cause hearing for Karam at 330 Main Street to
February 14, 2023. Gary Kaser (GK) second. Approved 6-0-0 by roll call: BE aye, GK aye, KP
aye, RS aye, CC aye, MT aye.
9. Request for Minor Change to Plan
Commissioner Casey Chatelain (CC) recuses from the following discussion and vote.
9a. 0 Long Pond Landing, SE9-1917.61-9, 61-26 (49-16, 49-25-1). Town of Brewster.
Proposed modifications to paved surfaces including parking lot turning radius,
driveway and walkway as well as the addition of a vegetated buffer between parking lot
and beach area.
Amy Ball (AB) , Horsley Witten Group, present for the Town to discuss changes to the approved
dock system, boat ramp, and parking improvements project, including reconfigurations to the
access drivelboat ramp alignment and walkway to a kayak launch, an increase in the parking lot
turning radius, and the addition of a vegetated buffer between the lot and beach. AB indicates
the reconfigurations are safety -driven. The plantings, which will include switch grass and other
native species, will provide a "physical and visual barrier" between the parked cars and the
beach. The changes will result in a 99 sq ft increase of impervious surface in the flood zone.
Michael Tobin (MT) likes the idea of the plantings between the lot and the beach. Bill Grafton
(BG) has no concerns and notes the project overall is a significant improvement.
Bruce Evans (BE) moves to approve the request for Minor Change to Plan for the Town of
Brewster at 0 Long Pond Landing/SE9-1917. Gary Kaser (GK) second. Approved 5-0-0 by roll
call: BE aye, GK aye, KP aye, RS aye, MT aye.
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Conservation Commission Meeting Minutes — January 24, 2023
Commissioner Casey Chatelain rejoins the meeting.
10. Report of Natural Resources Director
Nothing new to report.
11. Report of the Conservation Administrator
Bill Grafton (BG) notes that the Massachusetts Association of Conservation Commissioners
conference is coming up in March, with opportunities for the Commissioners to take courses that
will increase their expertise and learn best practices from other Commissions and consultants.
BG would like to resolve long-standing Enforcement Orders that have not been closed out, as the
associated fines and liens present a risk to potential new buyers of the property. BG developed a
boilerplate dissolution letter in Marshfield that was adopted requiring submittal to the property
owner cc to the Conservation Chair, Town Counsel (TC) and MassDEP, when such matters were
resolved; he would like to develop a similar letter for Brewster; TC has developed similar letters
for other Towns and is happy to work with BG on this.
BG would also like to establish some working groups of Commissioners to refine policies around
monitoring reports, conservation markers, ongoing and special conditions, and other policies.
BG observed unpermitted tree work in the buffer zone at 1603 Main, near the DNR office. BG
reviewed with Michael Tobin, who suggested that tree work in the 50 to 100 ft buffer could be
permitted by Administrative Review; the Commissioners agree. BG would like this
memorialized in a future tree policy.
12. Adjourn the Meeting
Bruce Evans (BE) moves to adjourn. Gary Kaser (GK) second. Approved 6-0-0 by roll call: BE
aye, GK aye, KP aye, RS aye, CC aye, MT aye.
Meeting adjourned at 8:53 PM.
Assistant, Department of Natural Resources
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Conservation Commission Meeting Minutes — January 24, 2023