HomeMy Public PortalAboutConservation Commission -- 2023-02-14 MinutesConservation
Commission
Michael Tobin
Chairman
Casey Chatelain
Vice Chairperson
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
A
Town of Brewster Conservation Commission
1657 Main St., Brewster, MA 02631
conservation@brewster-ma.gov
(508)896-4546
MEETING MINUTES
Remote Participation Only
February 14, 2023 6:00 PM
APPROVED 11/14/2023
Vote: 6-0-0
Commissioners Present: Vice Chair Casey Chatelain (CC), Bruce Evans (BE),
Gary Kaser (GK), Kimberly Crocker Pearson (KP), Ron Slowek (RS)
Commissioners Absent: Chair Michael Tobin (MT), Steve McKenna (SM)
Staff Present: Bill Grafton (BG), Chris Miller (CM), Andreana Sideris (AS)
1. Call to Order
2. Meeting Declaration of Participation Statement
3. Public Comment/ Citizens' Forum
There was no public comment.
4. Discussion
4a. Dissolution Letter provided by Town Counsel
15 K
Town Counsel (TC) has provided a draft Notice of Release of Enforcement Order, as discussed at the
January 24, 2023 Commission public meeting. Bill Grafton (BG) suggests this Notice will protect
subsequent property owners and those who have brought their properties into compliance by
document when EOs are closed out. Bruce Evans (BE) thinks the letter is very clear and will
accomplish the intended purpose.
BE moves to approve the adoption of the dissolution letter provided by Town Counsel, to be issued
by the Conservation Administrator as ratified by the Brewster Conservation Commission for each
enforcement order. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye,
BE aye, CC aye.
5. Requests for Determination of Applicability
5a. 2314 Main Street 78-123 (16-81) RDA# 23-01. Charles Ross requests a determination as to
whether the area, scope of alternatives and work depicted on the plan - removal of a tree over a
pathway - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw.
Homeowner Charles Ross (CR) notes that a tree has fallen over a small pathway to the back part of
his lot, near the Consodine Ditch. Some of the limbs were removed by Cape Cod Mosquito Control,
but the trunk blocks the pathway and needs to be removed. Bill Grafton (BG) suggests that the
Commission authorize the limbs to be removed and taken offsite along with vines that have spread to
the adjacent trees, and that the trunk be sectioned and left near the root ball to serve as wildlife
habitat.
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BG suggests that the Commission consider making activity such as this, where the work will improve conditions
in a resource area, approvable by Administrative Review. CR thanks BG and Conservation staff for their
assistance.
Bruce Evans (BE) moves to approve a Positive 5 determination for the Brewster Wetland Bylaw
applicability and Negative 2 determination for work within the resource areas, with Special Conditions to seek
guidance from the Conservation Administrator for work that deviates from what is approved for Determination of
Applicability # 23-01 associated with 2314 Main Street. Gary Kaser (GK) second. Approved 5-0-0 by roll call:
RS aye, KP aye, GK aye, BE aye, CC aye.
5b. 359 Main Street. 16-3 (21-11) RDA# 23-02. Town of Brewster requests a determination as to whether
the area, boundaries of resource area, and work depicted on the plan - garage and driveway demolition and
removal as well as site restoration - are subject to the Wetlands Protection Act and jurisdiction of the BWP
Bylaw.
Chris Miller (CM) notes that this work involves property that came under the custody and care of the
Conservation Commission several years ago; it offers marsh views and abuts property purchased by the Brewster
Conservation Trust. The proposed activity is the removal of an existing wooden garage and driveway on the
property, with subsequent restoration of the open field habitat consistent with the surrounding area. The garage
could provide an opportunity for Brewster Fire to train on building entry techniques before it is removed. Bill
Grafton (BG) has no issue with the current wetland line and suggests a Positive 2A finding to confirm it.
Kim Pearson (KP) asks about the age of the garage and whether there may be asbestos or other hazardous
materials; CM estimates it to be at least 25-30 years old. The structure is almost entirely wood, with no evidence
of hazardous materials.
Bruce Evans (BE) moves to approve a Positive 5 determination for the Brewster Wetland Bylaw
Applicability, Positive 2A determination, and Negative 3 determination for work within the buffer zone to
resource areas with the Special Condition to seek guidance from the Conservation Administrator for work that
deviates from what is approved for Determination of Applicability # 23-02, associated with 359 Main Street.
Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
6. Notice of Intent, Request for Amended Order of Conditions, and Abbreviated Notice of Resource Area
Delineation
Commissioner Bruce Evans recuses from the following discussion and vote.
6a. 660 Villages Drive 75-13 (33-95-2) SE9-1771. New Public Hearing. Ocean Edge Resort & Golf Club
Request to Amend Order of Conditions SE9-1771, proposing an amendment to vegetation management
protocols within buffer zone to Bordering Vegetated Wetlands associated with Fairway 8.
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant along with wetland scientist David Haines
(DH) and club superintendent Craig Sullivan (CS). This filing involves vegetative trimming in the 50 to 100 ft
buffer to improve line of sight and golf ball flight issues at the 8th hole. They will be filing a new Notice of Intent
for additional activity at Holes 8, 9, and 14.
DH briefly discusses the permitting history of the site, which had authorized ongoing vegetative management;
however, the extent of the management allowed is not sufficient to prevent the sightline and ball travel issues.
The area by Hole 8 is heavily overgrown with both native and invasive species, and is difficult to play or traverse
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Conservation Commission Meeting Minutes — February 14, 2023
through the obstacles. Sometime before April 15, 2023 they would like to mow, fertilize, and seed the area
between the 50 and 100 ft buffers with American Beach Grass. They would also like to spot -treat any resprouted
woody vegetation sometime after August 15, 2023 with "selective herbicides" that will only affect herbaceous
vegetation, and then re -mow the area two weeks after, with the goal of creating a grassy meadow area. They are
proposing this treatment for three years annually but not all treatments may be needed. The plantings will be
monitored for the extent of the permit. DH suggests the treatments will ultimately result in an improved habitat,
free of the invasives that currently occupy the space.
Bill Grafton (BG) noted lost golf balls throughout the work area when he walked the site and had suggested the
planting of American Beach Grass. Once established, the American Beach Grass will help prevent the regrowth
of invasives. BG expects that the planting plan will ultimately include witch hazel and other native shrubs. The
Club seems to be respecting time of year constraints designed to protect bird habitat. The area around Hole 8
does not include any National Heritage Endangered Species Program (NHESP) habitat but the subsequent work
around Hole 14 does. BG will walk the wetland line with DH as part of the upcoming Notice of Intent. BG
recommends approval of this amendment with special conditions consistent with those in the original Order of
Conditions.
Chris Miller (CM) notes that the site is a Jack Nicklaus designed course that went through extensive initial
permitting; the current issues are due in part to not aggressively managing the vegetation in the buffer; as such,
the proposed activity will bring the site closer to the conditions that existed when the course was first built.
Without the proposed cutting and proper ongoing management, parts of the course will be unplayable. Kim
Pearson (KP) asks if the treatments will affect the Pleasant Bay watershed. CM does not believe any portion of
the work area is within the watershed.
Casey Chatelain (CC) asks for comments from the public; none were offered.
Gary Kaser (GK) moves to close the public hearing for SE9-1771, Ocean Edge Resort at 660 Villages Drive, and
issue amended Orders of Conditions with special conditions to be drafted by BG within 21 days. KP second.
Approved 4-0-0 by roll call: RS aye, KP aye, GK aye, CC aye.
Bruce Evans rejoins the meeting.
6b. 0 Main Street 138-74 thru 81 (30-30-101 thru 108). New Public Hearing. William Marsh, Abbreviated
Notice of Resource Area Delineation for Bordering Vegetated Wetland and an Isolated Vegetated Wetland.
A continuation request was received at the Department of Natural Resources.
Bruce Evans (BE) moves to continue the hearing for William Marsh, at 0 Main Street, to February 28, 2023.
Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
6c. 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 and bordering vegetated wetlands.
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant. JO has corrected the dune delineation on
the plan and revised the proposal to elevate and replace the existing structures, including deck, stairs, and shower,
in the same footprint; the new deck will be supported by diamond piers.
Bill Grafton (BG) notes that the new plan will be an improvement over existing conditions; the new deck will
allow the dune to migrate, and the use of diamond piers will require very little disturbance.
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Casey Chatelain (CC) asks for comments from the public; none were offered.
Bruce Evans (BE) moves to close the public hearing for SE9-1945, associated with 33 Ocean Edge, and continue
to February 28, 2023 for issuance of the Order of Conditions with Special Conditions. Gary Kaser (GK) second.
Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
6d. 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 applicants. Revisions to the site plan include the
addition of three "proposed 4 x 4 posts" for conservation markers at the buffer line as discussed at the previous
hearing; they have also redesigned the walking path to be more serpentine for erosion/sedimentation control, and
denoted the steps needed to traverse the grade. Applicants are also interested in making additional native
plantings in the buffer zone which has been added. They are seeking a variance as to the required 2.5 feet depth at
end of dock, as has been granted for nearby properties on the pond.
Ron Slowek (RS) suggests that the proposed 4 ft by 10 ft dock section is more appropriate for shared docks, and
asks if it could be made smaller. JO notes that the dock is under 100 sq ft as required under the bylaw, but they
turned this last section horizontally to allow enough space for chairs to be set there.
Bill Grafton (BG) suggests that "flow through decking" or other lightweight material be used for the dock, and
that no trees be taken down to construct the path to the dock. BG is working with staff on a design for
conservation markers, specifically denoting "no disturbance" beyond a certain point, and asks that the site plan be
revised to reference "conservation markers on posts," which he will provide to applicants once the markers are
available. JO will update the site plan as requested; he recommends the use of flow-through decking on all his
projects, as they allow for much greater sunlight penetration.
JO also notes they still must obtain a Chapter 91 permit for the dock, and asks that the dock and staircase "not be
tied to each other" so they can begin work on the staircase immediately. BG supports allowing work above the
mean high water mark to proceed separately from the actual dock construction. Chris Miller (CM) notes that
pursuing a mooring permit would allow the homeowners to use their waterfront before the dock is completed,
without impacting the bank.
Casey Chatelain (CC) asks for comments from the public; none were offered.
Bruce Evans (BE) moves to close the public hearing for SE9-1944 associated with 120 Run Hill Road and
continue to February 28, 2023 for issuance of the Order of Conditions with Special Conditions. Gary Kaser (GK)
second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
After the vote, CC clarifies to applicants that they can seek out contractors to perform the work but no work
should start until after the Order of Conditions has been issued. BG adds that their consultants will need to obtain
all other required permits, set up a preconstruction meeting, and post a sign with the Massachusetts DEP number
onsite; JO will assist in the process.
6e. 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
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Conservation Commission Meeting Minutes — February 14, 2023
landscape improvements within an Area of Critical Environmental Concern (ACEC) and buffer zones to
coastal bank and bordering vegetated wetlands.
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant. JO notes he has updated the site plan to
specify the additional impervious coverage in Brewster and provided the planting plan required by Harwich,
which includes bayberry, high -bush blueberry, black oak, and eastern red cedar. He expects to obtain permitting
for the Harwich piece tomorrow. Bill Grafton (BG) thanks JO for his detailed submissions and has no other
issues.
Casey Chatelain (CC) asks for comments from the public; none were offered.
Bruce Evans (BE) moves to close the public hearing for SE9-1943, associated with 2070 Route 28, and continue
to February 28, 2023 for issuance of the Order of Conditions with Special Conditions. Gary Kaser (GK) second.
Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
6f. 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.
Bob Perry (BP), representing applicant, indicates he has made no changes to the site plan but has been in touch
with Bill Grafton (BG) regarding the beach renourishment component; BP is okay with any changes the
Commission might suggest in this area. BG has reached out to coastal geologist Greg Berman (GB) for help in
calculating a sufficient annual beach renourishment amount, which came out to 25 cubic yards; BP has come up
with a 40 cubic yards by his own calculation. BG suggests that this renourishment should be placed on the coastal
beach below the revetment for maximum effectiveness. BP clarifies they are proposing "sand renourishment" of
the area of exposed geotextile fabric by the edge of the revetment, which may incidentally renourish the beach in
severe storms, as well as annual renourishment of the coastal beach that will be coordinated with similar activity
on neighboring properties; BG asks that this be documented on the site plan, and will memorialize the annual
renourishment in the special conditions; this will be beneficial for the area. BG also requests that reference to the
NGVD29 with 1.1 conversion rate be stricken from the plan. BG will work with BP on final modifications and
special conditions, and expects the final Orders of Conditions should be ready for approval at the February 28,
2023 meeting. Casey Chatelain (CC) notes that attention to the Order of Conditions at this stage will help prevent
issues further down the line.
CC asks for comments from the public; none were offered.
Bruce Evans (BE) moves to close the public hearing for SE9-1942, associated with 35 Captain Dunbar Road, and
continue to February 28, 2023 for issuance of the Order of Conditions with Special Conditions. Gary Kaser (GK)
second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
Commissioner Gary Kaser (GK) recuses from the following discussion and vote.
6g. 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.
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Bruce Evans (BE) moves to continue the public hearing for SE9-1940, associated with 56 Underpass Road, to
February 28, 2023 as per applicant representative's written request. Kim Pearson (KP) second. Approved 3-0-0
by roll call: KP aye, BE aye, CC aye.
Chris Miller (CM) questions whether a fourth vote is needed for a quorum. BG suggests that Ron Slowek (RS)
would be able to vote on the continuance, as it is a strictly administrative vote. KP suggests that RS vote
"abstain" on the revote.
BE moves to revoke the previous vote. KP second. Approved 3-0-0 by roll call: KP aye, BE aye, CC aye.
BE moves to continue the public hearing for SE9-1940, associated with 56 Underpass Road, to February 28, 2023
as per applicant representative's written request. KP second. Approved 3-0-1 by roll call: RS abstain, KP aye,
BE aye, CC aye.
Commissioner GK rejoins the meeting.
6h. 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. Bill Grafton (BG) indicates this Notice of Intent will be withdrawn once the
enforcement order associated with the property is withdrawn.
Bruce Evans (BE) moves to continue the public hearing for SE9-1941, associated with 19 Muskrat Lane, to
February 28, 2023 as per applicant representative's written request. Gary Kaser (GK) second. Approved 5-0-0
by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
7. Request for Certificate of Compliance
None
8. Request for Extension Order of Conditions
8a. 0 Main Street, 3381 Main Street & 0 Weathersvane Way, SE9-1806 114-65 (28-999), 114-1 (12-12) &
115-3 (9-53). DCR Greenways and Trails Program.
Bill Grafton (BG) has discussed the outstanding Orders of Conditions with Town Administration and the DCR
Director. The Orders expire on April 4, 2023 and BG recommends granting a three-year extension.
Gary Kaser (GK) moves to approve an extension for the Order of Conditions SE9-1806, associated with 0 Main
Street, 3381 Main Street, and 0 Weathersvane Way, to April 3, 2026. Kim Pearson (KP) second. Approved 5-0-0
by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
9. Show Cause Hearings
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9a. Continued - 19 Muskrat Lane LLC, c/o Walter Harris, 19 Muskrat Lane 103-9 (9-3), 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. Bill Grafton (BG) notes applicants
wish to proceed with the restoration as soon as possible due to NHESP time constraints; the plan will involve
some management of invasive and opportunistic species.
Bruce Evans (BE) moves to continue the enforcement order discussion associated with 19 Muskrat Lane, to
February 28, 2023 as per applicant representative's written request. Gary Kaser (GK) second. Approved 5-0-0
by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
9b. Continued - Brown, 2628 Main Street, 89-14 (15-113-2) 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.
Property owner Stephan Brown (SB) has engaged land use attorney Christopher Senie (CS) with whom Bill
Grafton (BG) and Chris Miller (CM) will be meeting tomorrow. BSC is preparing the existing conditions plan for
the February 28, 2023 meeting, which will use the ECR wetland delineation. BG suggests that the
Commissioners visit the site before the meeting. Kim Pearson (KP) notes that the February 27, 2023 due date for
the site plan doesn't allow much time for review; BG agrees but suggests the Commission proceed with the
discussion on February 28 in the interests of moving the matter forward.
CC asks for comments from the public; none were offered.
Bruce Evans (BE) moves to continue the enforcement order discussion for Brown at 2628 Main Street to February
28, 2023 to discuss the existing conditions plan, wetland delineation and restoration plan.
Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
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9c. 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.
Bill Grafton (BG) has not received an update from Town Counsel (TC) on the ongoing litigation. Homeowner
David Karam has indicated to BG that the closing will take place the second week of February 2023.
CC asks for comments from the public; none were offered.
Bruce Evans (BE) moves to continue the enforcement order discussion for Karam at 330 Main Street to February
28, 2023. GK second. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye,
CC aye.
10. Request for Minor Change to Plan
10a. 279 Crocker Lane 69-6 (5-201) SE9-1991.The 297 Crocker Lane R.T. Unpermitted cutting in buffer
zone.
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant to discuss a minor plan change to include
the cutting of three trees in the 100 ft buffer to a coastal bank by homeowner's landscaper. They propose to plant
three cedar and five bayberry shrubs as mitigation.
CC asks for comments from the public; none were offered.
Bruce Evans (BE) moves to approve the Sketch Plan for SE9-1991 associated with 279 Crocker Lane depicting
the replacement plantings of (3) three eastern red cedar trees and (5) five bayberry shrubs dated 2/07/2023,
prepared by J.M. O'Reilly & Associates, signed and stamped by John O'Reilly, PLS, RPE as a Minor Plan
Change. Gary Kaser (GK) second. Approved 4-0-1 by roll call: RS aye, KP abstain, GK aye, BE aye, CC aye.
10b. 351 Point of Rocks Road 79-23 (6-7) RDA. Custom Construction Services. Limit of work change in
response to BOH requirements
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant, who received an approval determination
from the Commission for a septic upgrade. Board of Health subsequently requested revisions to the system layout
which in turn caused the limit of work to shift. The leaching facility remains outside the 100 ft buffer, and no
additional tree removal will be required. Bill Grafton (BG) notes there are no changes to the system components
and recommends approval.
Bruce Evans (BE) moves to approve the Site & Sewage Disposal System Design Plan dated 1/04/2023, prepared
by J.M. O'Reilly & Associates, signed and stamped by John O'Reilly, PLS, RPE depicting the deviations to the
Commission's approved site plan dated 11/28/2022 as a Minor Plan Change to the Determination of Applicability
issued on 1/11/2023 associated with 351 Point of Rocks Road. Gary Kaser (GK) second. Approved 5-0-0 by roll
call: RS aye, KP aye, GK aye, BE aye, CC aye.
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10c. 0 Landing Drive 82-1 (48-79-1) RDA. Beechwood Landing Property Owners Association. Addition of a
shade structure to permitted deck.
Lincoln Hooper (LH) present for the Beechwood Property Owners Association. They received a approval
determination by the Commission to replace an existing deck in April of 2022, and are asking to add a 10 ft by 40
ft shade structure over the deck. They have applied for a building permit, which is under review. Bill Grafton
(BG) notes that LH has been cooperative with him and Department staff; the change as proposed is a "structure
upon a structure" that will not further impact the sub -surface. However, the structure as proposed may not
provide shading when the sun is at a certain angle; any further changes require additional permitting. LH
indicates they have no plans to alter the design at this time.
Ron Slowek (RS) suggests that a 10 ft by 40 ft structure is not in fact "minor," and would like to ensure that the
back and sides of the structure remain open to avoid the appearance of segmentation.
Gary Kaser (GK) expresses concern at possible runoff/erosion impacts. LH indicates there are no plans to enclose
the structure; the roof will be pitched towards the water and will not impact the bank.
Chris Miller (CM) notes that the structure will not increase runoff but will channel it to some extent, and would
like to know the water depth in the area as well as whether stormwater will empty directly into the pond or onto
the deck. LH does not have the deck width but reiterates that the structure will be 10 ft wide. The deck sits over
about 1 ft of water on average, but the levels fluctuate. As the lake bottom is mostly rock, CM suggests that
erosion should not be a concern.
All present review the design of the proposed structure. CM and RS note that the posts of the structure will rest
on the deck and not extend into the water.
GK indicates he does not support allowing applicant to add on to the structure, as it goes against what he's
listened to as a Commissioner in other deliberations.
BG points out that the previous deck had a similar shade structure with cloth roof and metal posts, and notes there
will be no dredging, filling, removing or altering involved in the new structure's construction. As such, BG
suggests the structure meets the performance standards for the resource area and is something the Commission
can approve.
However, CM is not sure the previous shade structure was permitted, so there may be a concern with expansion of
a previous non -conforming use.
Kim Pearson (KP) would like to know whether the previous structure was in fact permitted before voting.
Andreana Sideris (AS) notes there is an RDA from 1998 for the property in addition to a 2018 RDA BG
referenced, but what was actually permitted in these filings requires further research. BG believes a shade
structure was discussed at the 2018 hearing but the minutes did not detail whether one was permitted or prohibited
at that time. CM suggests that file research is needed to answer this question and recommends the Commissioners
consider whether the answer would affect their vote on this request; RS indicates it would.
GK has never seen a structure like this on a dock in Town but would be okay with it if the other Commissioners
and DNR staff are okay with permitting similar structures on other docks. CM notes this is a shared structure that
will be used by multiple residents (103 households according to LH), which is looked upon somewhat more
permissively than strictly private structures on individual docks. BG adds that each structure would still be
looked at case by case to determine the specific impact on the resource area; in this case, the Commission should
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consider the aesthetic, stormwater, and shading impacts which, BG suggests, take precedence over whether a
previous similar structure was permitted.
Casey Chatelain (CC) polls the Commissioners as to whether the question of the previous shade structure's being
permitted would affect their vote on this structure. RS, yes; GK, willing to go with what the majority decides; KP
yes - don't think it's a minor change and don't want to see them all over Town but willing to respect precedent if
previously permitted; Bruce Evans (BE), "it could." GK suggests a continuation to allow for the permitting
question and other issues to be researched.
BE moves to continue the Request for Minor Plan Change for 0 Landing Drive to February 28, 2023. KP second.
Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
11. Request for Administrative Review
11a. 6 John Wings 23-51 (36-207) AR# 23-01. Leerer. Removal of existing patio.
Ken Garulay (KG) present for applicant. The proposed activity is removal of an existing concrete patio; work
access would be through the right side of the house, and straw wattle erosion control would be deployed at the
limit of work. A small skid steer would be used to remove the slab; no trees or vegetation are proposed to be
removed, and the area will be loamed and seeded once the slab is removed.
Bill Grafton (BG) recommends approval with the following conditions: (1) no removal or damage to vegetation;
(2) install erosion control before start of work; (3) use clean, compatible fill; and (4) seek guidance from
Conservation Administrator for any work or activity beyond that specifically approved.
BE moves to approve the administrative review for Leerer, at 6 John Wings, for removal of an existing patio.
GK second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
11b. 0 Fisherman's Landing Road 62-22 (40-19-8) AR# 23-02. DNR. Repair wooden ramp and landing on
existing sonotubes.
Chris Miller (CM) advises that the ramp and landing was recently damaged, possibly by a snowplow or vehicle;
the structure has been temporarily stabilized but a more permanent repair is needed, including replacement of the
supporting sonotubes. There will be no expansion of the structure.
Bill Grafton (BG) has no issues with the project and suggests that similar projects, where safety may be a concern,
be made approvable by the Conservation Administrator to expedite repairs. Casey Chatelain (CC) suggests that
this be added to a future agenda.
Bruce Evans (BE) moves to approve the administrative review for the Department of Natural Resources, at 0
Fisherman's Landing, for repair of a wooden ramp and landing on existing sonotubes. Gary Kaser (GK) second.
Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
IIc. 1603 Main Street 56-4 (24-12) AR# 23-03. Rogers. After -The -Fact tree limb removal.
Bill Grafton (BG) received a complaint regarding the removal of a tree limb in a 50-100 ft buffer to bordering
vegetated wetlands without a permit. The homeowners' daughter, who manages the property, submitted the
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Conservation Commission Meeting Minutes — February 14, 2023
request upon returning from travel abroad with a letter indicating they will be more aware of the buffer zone
going forward.
BG notes that the tree limb was damaged and threatening a dog pen fence, and suggests this would be another
candidate for administrative approval.
Bruce Evans (BE) moves to approve the administrative review for Rogers, at 1603 Main Street, for after -the -fact
tree removal. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye.
12. Report of Natural Resources Director
Nothing new to report.
13. Report of the Conservation Administrator
Bill Grafton (BG) recently resolved an issue in which a Certificate of Compliance was approved by the
Commission and issued, but could not be recorded because the applicant could not produce the original signed
document, from 2002. The Town Clerk affixed a "true attest" stamp to the document that made it recordable.
BG would like to establish working groups, comprised of commissioners and other interested parties, to consider
procedural and other improvements.
BG would also like to develop a "21 day waiver" form that an applicant would sign in order to prevent an
automatic approval of Requests for Determination of Applicability or Notices of Intent in situations where more
than 21 days pass between the filing date and the date of the public hearing; it would also eliminate the need for
the Commission to hold a special meeting to avoid such "approvals." This would be a good task for a working
group.
14. Adjourn
Bruce Evans (BE) moves to adjourn. GK second. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye,
KP aye, GK aye, BE aye, CC aye.
Meeting adjourned at 8:26 PM.
Cassandra West, senior Department Assistant, Department of Natural Resources
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Conservation Commission Meeting Minutes —February 14, 2023