HomeMy Public PortalAboutConservation Commission -- 2023-02-28 MinutesAPPROVED 11/14/2023
Town of Brewster Conservation Commission Vote: 6-0-0
1657 Main St., Brewster, MA 02631
conservation@brewster-ma.gov
(508) 896-4546
MEETING MINUTES _ a T j ; )ji ? 11
Remote Participation Only,,} ,_irj: t„EiN
February 28, 2023 6:00 PM
Conservation
Commission Commissioners Present: Chair Michael Tobin (MT), Vice Chair Casey Chatelain (CC),
Bruce Evans (BE), Gary Kaser (GK), Kimberly Crocker Pearson (KP), Ron Slowek (RS),
Michael Tobin Steve McKenna (SM)
Chairman Commissioners Absent:
Staff Present: Bill Grafton (BG), Chris Miller (CM), Andreana Sideris (AS)
Casey Chatelain
Vice Chairperson 1. Call to Order
Commissioners 2. Meeting Declaration of Participation Statement
Bruce Evans 3. Public Comment/ Citizens' Forum
Gary Kaser Michael Tobin welcomes Steve McKenna back to the Commission.
Kimberley Crocker
Pearson 4. Discussion
Ron Slowek
Steve McKenna
4a. Meetings in person at Town Hall starting on March 14th as per Select Board.
In-person Commission meetings at Town Hall will start on March 14, 2023. Remote participation
Staff
will still be available, but a quorum of four Commissioners and the Chair or Vice Chair to chair the
Chris Miller,
meeting must be present in person. This notice has been posted on the Commission website and will
Natural Resources
be referenced on all agendas going forward.
Director
Bill Grafton,
4b. Revised Abutter Notification Form. Clerical modifications and COVID-19 adjustments.
Conservation
Administrator
Bill Grafton advised that the abutter notification form has been revised to reflect the move to hybrid
meetings and make other needed revisions.
Andreana Sideris,
Assistant to
Bruce Evans (BE) moves to approve the revised Abutter Notification to accommodate the Select
Natural Resources
Board changes to hybrid meetings and necessary clerical revisions. Kim Pearson (KP) second.
Director and
Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye.
Conservation
Administrator
4c. Eversource/Distribution tree pruning &removal on public &private roads. Exemption Ch.
172(A) — Jordan Young
Arborist Jordan Young (JY) present for Eversource Distribution (ED) to discuss their plan for
roadside tree pruning in several areas of Town. No tree removal or herbicide application is planned,
and all activity will be strictly roadside. ED is the division of Eversource responsible for streetside
maintenance, separate from the Transmission and Environmental divisions.
Bill Grafton (BG) briefly shares Eversource's protocol for tree trimming and removal, which aims to
proactively maintain tree growth near power lines. Designated areas are scheduled to be trimmed
every four years. This activity is exempt under Chapter 173-3(A) of the Town bylaw, but BG
suggests that the Commission vote to approve it for the record.
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Conservation Commission Meeting Minutes — February 28, 2023
Bruce Evans (BE) moves to approve the tree pruning and tree removal in the designated areas 4 -89A -89A, 4-89A-
552, 4 -89B -89B, 4-89B-577, 4-95A-597, and 4-95B-600 as depicted on the submitted 2023 Eversource
Distribution Map. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM
aye, CC aye, MT aye.
4d. 117 Landing Drive, 82-54 (48-29) Hardwick. Complaint, unpermitted cutting in buffer zone/stormwater
drainpipe.
Bill Grafton (BG) received a complaint about ongoing understory and tree cutting and, upon visiting the property,
observed a drainpipe discharging into the 100 ft buffer and the ongoing cutting of understory shrubs and saplings
in the buffer zone. BG suggests that the drainpipe be terminated into a drywell short of the 100 ft buffer line. The
area may have been cut before the Hardwicks purchased the house in 2015, and BG suggests the posting of
conservation markers on posts would protect against future encroachment by landscapers or future owners and
ensure the area, part of which lies in NHESP habitat, revegetates.
Homeowner Dorian Hardwick (DH) notes she is environmentally conscious and appreciates BG's guidance on
what makes a healthy forest. The area in question had been cleared when they purchased the property, and she
mistakenly thought they were supposed to keep the area clear. Their property manager has removed invasives in
the area but not cut any further trees. They are "totally on board" to install the drywell and follow any other
guidance.
Michael Tobin (MT) suggests that a drywell and allowing the buffer zone to revegetate would resolve the issue,
and that a post or other landmark(s) at the 100 would serve as a reminder of where not to cut. BG notes that DNR
staff is working to develop "no disturbance" conservation markers that can be affixed to the posts or other
structures for specificity; he will work with DH on placement of the markers.
Bruce Evans (BE) moves to require the posting of suitable conservation markers, as approved by the Conservation
Administrator, and to redirect the drainpipe discharging into the buffer zone into a drywell outside the buffer.
Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT
aye.
4e. 514 Run Hill Road, 33-39 (36-65) SE9-1304 and SE9-1304A Ecker. Request for Commission
determination on the number of mitigation plantings & unpermitted cutting of oak tree and requirements
for completion of Orders and Amended Orders.
The Order of Conditions SE9-1304, issued in 2005 for the raze and rebuild of a single-family home, included a
mitigation planting plan of 200-205 native plants. When a request for Certificate of Compliance (COC) was
submitted in 2016, previous Conservation Administrator Braemer noted far fewer plantings had been made and
issued an enforcement order requiring submission of a restoration plan, which ultimately included a reduction to
47 plants. The As -Built plan recently submitted for a new COC request depicts 19 plants in the field. At a visit to
the property, Bill Grafton (BG) observed unpermitted structures in the buffer zone, including granite siding near
the pond shore and a pagoda/patio structure, and that a 2 ft diameter oak tree had been removed without a permit.
New owner John Ecker (JE) would like to resolve the outstanding Orders of Conditions and Amended Orders of
Conditions so the property can be transferred from his late father, and is seeking guidance as to whether they
should complete the 2005 or 2016 planting plan to do so. BG suggests that the 47 plants proposed in the 2016
plan is adequate for the property, but that the Commission additionally require the planting of five (5) Eastern Red
Cedars as mitigation for the removal of the oak. JE indicates they are ready to start planting in the spring once
they receive the appropriate guidance.
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Conservation Commission Meeting Minutes — February 28, 2023
Michael Tobin (MT) suggests requiring implementation of the 2016 restoration plan depicting 47 plants plus
planting of the five Eastern Red Cedars; Gary Keser (GK), Steve McKenna (SM), and Bruce Evans (BE) concur.
Kim Pearson (KP) asks if the 2005 plan had been approved by a Commission vote; BG indicates it would have
been, as part of the vote to issue the original Orders of Conditions (OOC).
KP asks whether the original OOC can now be modified by this Commission; BG indicates this OOC has expired
but the 2016 Enforcement Order remains open, and suggests this would be mechanism by which all violations can
be resolved.
Casey Chatelain (CC) asks if the pagoda/patio structure was on the 2016 site plan, as she may want additional
mitigation if it was not. GK thinks the structure should be removed, as he favors a hard line on structures inside
the 50 and additional plantings are not sufficient mitigation. BG indicates the structures are not on the plans and
suggests that a draft As Built Plan showing all unpermitted structures may help the Commissioners decide on any
additional mitigation. In the meantime, BG suggests that the Commission direct JE to implement the 2016
restoration planting plan plus the planting of five Eastern Red Cedars, to be completed by May 30, 2023, with
annual monitoring reports until the plantings are completed in full.
CC notes for the record that the Commission's approval of the planting plan implementation does not reflect
approval of the pagoda/patio or other unpermitted structures in the buffer zone. MT confirms, and notes this will
be addressed before the COC is issued. BG requests that an interim As -Built Plan be submitted so the
Conservation Commission can assess additional mitigation.
Bruce Evans (BE) moves to approve the restoration planning plan plantings with the addition of (5) five eastern
red cedars for the unpermitted removal of the large oak tree which are to be completed in the field by May 30,
2023 with submittal of an implementation planting report by June 1, 2023 and annual monitoring reports on
December 1st of each year until 100% of the restoration plantings and the (5) five eastern red cedars is confirmed
by the Conservation Administrator. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS
aye, KP aye, SM aye, CC aye, MT aye.
4f. 33 Ocean Edge Drive 90-160-1326 (14-1-33) SE9-1945. Suzanne Early. Commission to discuss and
finalize Order of Conditions.
Bill Grafton (BG) reviews the draft Orders of Conditions (OOC), which is based off a prior OOC for Ocean Edge
with edits to standard conditions not relevant to this project or property. He would like to work with the
Commissioners on updates and revisions to the boilerplate special conditions within the Order of Conditions.
Bruce Evans (BE) moves to approve the Special Conditions as discussed and direct the Conservation
Administrator to issue the Order of Conditions. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye,
GK aye, RS aye, KP aye, SM aye, CC aye, MT aye.
4g. 120 Run Hill Road 35-34 (36-12-5) SE9-1944. Kenneth and Rubin. Commission to discuss and finalize
Order of Conditions.
Bill Grafton (BG) reviews the draft Order of Conditions, based off a similar permit for 150 Gull's Way, noting
that he paid particular attention to the project description. Michael Tobin (MT) suggests that Special Condition
A15, regarding exterior lighting on structures, be retained as it concerns lighting on the dock; Conditions A18 -
A20, regarding time of year constraints for pruning, were removed as any such pruning would require a separate
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Conservation Commission Meeting Minutes — February 28, 2023
permit; BG has added Condition A40 to memorialize this, as well as Conditions A41 -A42 requiring the posting of
conservation markers and giving the option to make additional plantings with approval of the Conservation
Administrator. Project engineer John O'Reilly (JO) notes that all agreed to three conservation markers rather
than the four referenced in A41; BG revises the special condition to reference three (3) conservation markers.
Bruce Evans (BE) moves to approve the Special Conditions as discussed and direct the Conservation
Administrator to issue the Order of Conditions. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye,
GK aye, RS aye, KP aye, SM aye, CC aye, MT aye.
4h. 2070 Route 28 149-1 (53-28) SE9-1943. Pleasant Bay Community Boating Inc. Commission to discuss
and finalize Order of Conditions.
Bill Grafton (BG) reviews the draft Order of Conditions, recommending that Conditions A14 with respect to
footpath width, A15 with respect to roof runoff, and A17 with respect to mulch ground cover, be stricken. BG
also recommends that Conditions A21 and A22, concerning planting plan monitoring, be stricken as the plantings
are required by Harwich and not Brewster.
Bruce Evans (BE) moves to approve the Special Conditions as discussed and direct the Conservation
Administrator to issue the Order of Conditions. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye,
GK aye, RS aye, KP aye, SM aye, CC aye, MT aye.
4i. 35 Captain Dunbar Road 91-38 (7-13) SE9-1942. Louise Wilson. Commission to discuss and finalize
Order of Conditions.
Bill Grafton (BG) reviews the draft Order of Conditions (OOC), which is based off the previous permit SE9-1818,
with several conditions not applicable to this project, including a $5000 surety, erosion controls, roof runoff, and
pruning of vegetation, being stricken; conditions regarding monitoring of the plantings by a consultant are also
stricken as per discussion in the public hearing. Conditions A45 and A46, governing the planting of American
Beach Grass, are kept, as project engineer Bob Perry (BP) indicates this will be integral to stabilization of the site.
BG recommends the addition of conditions specifying that the annual beach renourishment be placed on the
coastal beach below the revetment, with any such renourishment to be placed above the revetment requiring the
approval of the Conservation Administrator or Commission. BP points out that renourishment above the
revetment is part of the project, and BG clarifies that the initial approved renourishment includes 25 cubic yards
to be placed above and 40 below. Subsequent annual renourishments will go below; BP concurs, noting they
would only seek to renourish above in the case of scouring from storms. BG suggests that the condition
authorizing annual beach renourishment be made in perpetuity so applicant doesn't have to re-request it when the
OOC expires.
Bruce Evans (BE) moves to approve the Special Conditions as discussed and direct the Conservation
Administrator to issue the Order of Conditions. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye,
GK aye, RS aye, KP aye, SM aye, CC aye, MT aye.
5. Notices of Intent, Request for Amended Order of Conditions, and Abbreviated Notice of Resource
Area Delineation
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Conservation Commission Meeting Minutes — February 28, 2023
5a. 0 Main Street 138-74 thru 81 (30-30-101 thru 108). Continued Public Hearing. William Marsh,
Abbreviated Notice of Resource Area Delineation for Bordering Vegetated Wetland and an Isolated
Vegetated Wetland.
Paul Shea (PS), PWS, present for applicant, who wishes to establish a wetland delineation for the undeveloped
site. PS calls out a bordering vegetated wetland (BVW) on the south side of the property and a second wetland on
the north end into which a drainage pipe and two swales off Route 6A empty. There is another BVW on the other
side of Vesper's Pond Drive, flagged by a different PWS in 2018, whose buffer zone overlaps into the property.
Bill Grafton (BG) walked the site with PS and states the southerly wetland is a potential vernal pool. BG
recommends approving the delineation of the three wetlands but adding a note that the potential vernal pool was
not assessed but will be addressed if any future work encroaches within the 100 foot habitat area.
Michael Tobin (MT) asks for comments from the public; none were offered.
Bruce Evans (BE) moves to approve the wetland delineation as accurate for the Bordering Vegetated Wetlands
and Isolated Vegetated Wetlands (Wetlands A, B & C) and deny the wetland delineation as accurate for the
Potential Vernal Pool which was not assessed. The Potential Vernal Pool will be addressed if any future work
encroaches within the 100 foot buffer zone as established in the approved site plan referenced in A. General
Information, Item 8. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye,
SM aye, CC aye, MT aye.
5b. 56 Underpass Realty Trust 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 at 56 Underpass Road, 78-116 (26-6).
The applicant has requested a continuation to the March 28, 2023 BCC public meeting. Bill Grafton (BG) notes
that Commissioner Gary Kaser has recused and recommends that Commissioners Steve McKenna and Ron
Slowek also recuse as per the Mullin Rule.
Bruce Evans moves to continue the hearing to March 28, 2023. Kim Pearson (KP) second. Approved 4-0-0 by
roll call: BE aye, KP aye, CC aye, MT aye.
Commissioners Gary Kaser, Ron Slowek, and Steve McKenna rejoin the meeting.
5c. 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.
Attorney Ben Zehnder (BZ), requests that the Notice of Intent be withdrawn on behalf of applicant. Bill Grafton
(BG) requests that BZ submit the request in writing; upon receipt, he will send written confirmation, copying
Town Counsel and DEP.
Bruce Evans (BE) moves to approve the withdrawal of SE9-1941 at 19 Muskrat Lane. Kim Pearson (KP) second.
Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye.
6. Request for Certificate of Compliance
6a. 0 Airline Road, SE9-1422.4-4 (37-1-195). Rosalie Nelson, Order of Resource Area Delineation
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Conservation Commission Meeting Minutes — February 28, 2023
Applicant is requesting a Certificate of Compliance to accommodate a pending property sale. Bill Grafton notes
that this filing only approved a wetland delineation with no actual work or disturbance.
Bruce Evans (BE) moves to approve a complete Certificate of Compliance for the Order of Resource Area
Delineation/SE9-1422 associated with 0 Airline Road [Map 4 -Parcel 4; (former Map/Parcel 37-1-195). Gary
Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye.
7. Reuuest for Extension Order of Conditions
7a. 45 Dune Road, 79-32 (6-15). SE9-1699. Lutzker
The original Order of Conditions was issued on April 8, 2016 and was extended to April 8, 2022, which benefits
from 462 days of Covid-19 tolling extended provisions to July 14, 2023. Bill Grafton suggests that the
Commission grant a three-year extension.
Bruce Evans (BE) moves to approve an Extension Order of Conditions for SE9-1699 associated with 45 Dune
Road to July 14, 2026. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye,
SM aye, CC aye, MT aye.
8. Show Cause
8a. 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.
Nick Crawford (NC), Crawford Lane Management, present for applicant to discuss the restoration plan they
submitted. The plan proposes plantings of 5,500 sq ft for the 1,100 sq ft of cutting; the plantings will be
comprised primarily of American Beach Grass plus an area of Bayberry and Beach Plum. NC suggests that
portions of the cut area will naturally revegetate. They are also requesting authorization to perform "cut and
swipe" invasives treatment in the work area.
Bill Grafton (BG) supports the plan but notes that a Special Condition under the open Order of Conditions/SE9-
1895 states that no herbicides are to be used within 100 ft of a resource area; BG suggests that the Commission's
ratification of this plan modifies this condition to allow the treatment, as the native plantings are unlikely to thrive
in the area without it. BG also notes that Chris Miller (CM), Town Counsel (TC) and BG met with NC, Don
Munroe (DM) of Costal Engineering Company, and Attorney Ben Zehnder (BZ) and all agreed that the plan
should be approved and then incorporated into SE9-1985, and that the after -the -fact Notice of Intent/SE9-1941
should then be withdrawn.
Bruce Evans (BE) notes the Commission has approved cut and swipe treatments in similar areas in the past;
Michael Tobin concurs and agrees the treatment is needed for the plantings to succeed.
Bruce Evans (BE) moves to approve the restoration plan dated February 21, 2023 as part of SE9-1895 and
dissolve the Enforcement Order upon receipt of the Withdrawal for SE9-1941. Kim Pearson (KP) second.
Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye.
8b. 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.
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Conservation Commission Meeting Minutes — February 28, 2023
David Schlesinger (DS) and attorney Christopher Seinie (CS) present for property owner Stephan Brown (SB).
Bill Grafton (BG) notes that BSC Goup's restoration plan was received prior to the Commission's February 27,
2023 deadline and recommends that the Commission schedule a site visit sometime before the next meeting and
authorize him and Chris Miller to work with property owner's consultants to address the issues they noted in the
plan and finalize both it and the delineation. Casey Chatelain (CC) agrees it is important at this point to visit and
confirm everything on the plan. BG will work to coordinate the visit, which he suggests should be
Commissioners, DNR staff, and DS only.
DS asks if the Commission would authorize them to hand -clear a drainage ditch that is backing up; Michael Tobin
(MT) suggests that he contact Cape Cod Mosquito Control, as they have jurisdiction to do the work. BG is
willing to contact CCMC for DS.
Abutter Michael Jardus (MJ) thanks the Commission and Department staff for moving this matter forward, but
wants to make sure applicant is aware they are not allowed to cut in the resource area in back of the property near
his property line; MT confirms they are not allowed to do so without permission. Attorney T. J. Hurrie (TH),
representing Mr. Jardus, encourages the Commissioners to review this area during the site visit, which he states
had been clear cut by SB and is the subject of a preliminary injunction issued by the Superior Court.
"Conservation can and should order full restoration of all violation areas." MT indicates they will look at the area
referenced.
Bruce Evans (BE) moves to continue the show cause hearing for Brown at 2628 Main Stret to March 14, 2023.
Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT
aye.
Bruce Evans (BE) moves to direct the Conservation Administrator to work with BSC Group and ECR to revise
the existing conditions plan, the wetland delineation, and restoration plan in preparation for Commission
ratification. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye,
CC aye, MT aye.
8c. 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.
Town Counsel has been in communication with David Karam, who advised he now expects the closing to occur
March 16; he is seeking an interim payment from the buyers before then for the mitigation plantings and
reporting. Bill Grafton suggests a continuation pending further developments.
Bruce Evans (BE) moves to continue the Enforcement Order discussion associated with 330 Main Street to March
14, 2023. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC
aye, MT aye.
9. Reauest for Minor Chante to Plan
9a. 0 Landing Drive 82-1 (48-79-1) RDA. Beechwood Landing Property Owners Association. Addition of a
shade structure to permitted deck.
John O'Reilly (JO), J.M. O'Reilly & Associates, present for the Association, which is seeking permission to add a
shade structure to an existing deck on the shore of Long Pond. JO notes he has been involved in previous
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Conservation Commission Meeting Minutes — February 28, 2023
permitting for the property, including for the retaining wall behind the deck in 2014. The support materials for
the 2014 permit included a photo of a metal seasonal shade structure; the structure was not formally permitted but
the Commission at the time did not raise it as an issue. JO suggests that any runoff and erosion concerns can be
addressed, possibly through a Request for Determination of Applicability or Notice of Intent.
Bruce Evans (BE) suggests this request is no different from the addition of a second story to an existing structure,
which the Commission frequently approves, and such projects essentially have no additional impact on runoff or
impervious surface. Michael Tobin (MT) asks JO if light penetration concerns were raised at the previous
meeting. JO notes that the primary issue raised was stormwater/runoff impacts; as the pond surface is mostly
cobble in this area, any runoff is unlikely to cause turbidity issues. MT suggests any runoff concerns could be
addressed by a gutter/drain system.
Ron Slowek (RS) is okay with the request if permitted properly, as it potentially serves 100+ association members
and would use the existing deck footings, but he would like to ensure (1) the structure doesn't morph into
something else through segmentation, and (2) the roof isn't vulnerable to storm winds that could result in damage
to the resource area.
Gary Kaser (GK) is against permitting the structure as proposed, noting that a wooden roof would be far more
vulnerable to wind damage than the previous canvas roof, which could be taken down, and is concerned about
receiving requests for similar structures throughout Town if this one is permitted. JO suggests that this request is
unique in that it would be a shared structure among 100+ association members, and is unlikely to be replicated
throughout Town. The question of storm vulnerability will be addressed during the Building permit process.
Lincoln Hooper (LH), Treasurer of the Association, notes that the Association overwhelmingly opted to seek a
wooden roof as the existing canvas roof frequently had to be replaced; previous Conservation Administrator
Aguilar advised them to seek a minor modification and raised no concerns.
MT polls the Commissioners as to whether they would approve the request as a Minor Change to Plan: Bruce
Evans (BE) yes; Kim Pearson (KP) no, "this is not something we want to see around ponds in Brewster"; Gary
Kaser no, do a canvas roof instead; Casey Chatelain (CC) Commission allows structures on structures, permitting
would not result in similar requests; Steve McKenna (SM) "either way" - don't have a problem with structure but
concerned about precedent; Mike Tobin unique situation, no significant stormwater impact but prefer to see
canvas roof, Ron Slowek yes, going on existing permitted structure.
Chris Miller (CM) notes that the deck is on a long area of fetch for the pond, which means the structure will be
subject to significant winds; most pond docks and moorings in Town are seasonal whereas this structure is
proposed to be permanent. CM would also be concerned about permitting the structure through a Minor Change
to Plan, which does not require an alternatives analysis.
Bill Grafton (BG) suggests that precedent is less of a concern with dock projects, which are considered and
permitted individually. Permitting the structure through a Notice of Intent would give the Commission greater
protections, through conditioning, against segmentation; MT concurs.
Bruce Evans (BE) moves to approve the rendering and construction details dated 1/30/2023 and the hand -marked
limit of work dated 2/06/2023, depicting the addition of a shade structure to the approved site plan dated
2/14/2014, prepared by J.M. O'Reilly & Associates and signed and stamped by John O'Reilly, PLS, RPE, as a
Minor Plan Change to the Determination of Applicability issued on April 13, 2014 associated with 0 Landing
Drive. Motion seconded by Casey Chatelain (CC) but did not pass by a vote of 2-5-0 by roll call: BE aye, GK no,
RS aye, KP no, SM no, CC no, MT no.
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Conservation Commission Meeting Minutes — February 28, 2023
9b. 23 Dune Road, 79-30 (6-13) SE9-1922.23 Dune Road LLC. Replace existing split rail fence with a new
stockade fence.
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant. The Order of Conditions/SE9-1922 was
issued on April 29, 2022 for the construction of a pool, patio, pool house and a shed; applicant would additionally
like to replace their existing split rail fence with a 6 ft stockade fence.
Michael Tobin (MT) questions whether abutters would have concerns about a stockade fence; BG notes that
abutter notification is not required for a Minor Change to Plan, which is a possible shortcoming to this permitting
pathway. JO notes there is already a stockade fence on the other side of the walkway that passes in front of the
house; they are looking to add one to the other side for greater privacy. Chris Miller (CM) notes that the fence
will screen a pool area where there are reasonable privacy concerns. Kim Pearson (KP) wants to ensure the new
fence is not erected on concrete footings; JO confirms none will be used, and installation will be by hand.
Bruce Evans (BE) moves to approve the Sketch Plan for SE9-1922 associated with 23 Dune Road, depicting the
replacement of an existing split rail fence with a 6 foot stockade fence, dated 2/27/2023, prepared by J.M.
O'Reilly & Associates, and signed and stamped by John O'Reilly, PLS, RPE as a Minor Change to Plan. Casey
Chatelain (CC) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye.
9c. 279 Crocker Lane, 69-6 (5-201) SE9-1911. The 279 Crocker Lane R.T. unpermitted cutting in buffer
zone. Revoke 2/14/23 Vote due to clerical error; Vote 2/28/23.
The previous approval vote on February 14 referenced an incorrect permit number, SE9-1991 instead of the
correct SE9-1911. The Commission voted to revoke the previous approval and ratify a new motion referencing
the correct number/SE9-1911.
Bruce Evans (BE) moves to revoke the February 14, 2023 approval vote referencing SE9-1991. Gary Kaser (GK)
second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye.
Bruce Evans (BE) moves to approve the Sketch Plan for SE9-1911 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, and signed and stamped by John O'Reilly, PLS, RPE as a Minor Change
to Plan. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC
aye, MT aye.
11. Report of Natural Resources Director
Nothing new to report.
12. Report of the Conservation Administrator
Bill Grafton has reached out to the Commissioners on interest in working groups to update special conditions and
consider other procedural improvements. He is also working to generally modernize the Conservation Office.
13. Adjourn
Bruce Evans (BE) moves to adjourn. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS
aye, KP aye, SM aye, CC aye, MT aye.
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Conservation Commission Meeting Minutes — February 28, 2023
Meeting adjourned at 8:37 PM.
Respectfully submitted
Cassandra West, Senior Department Assistant, Department of Natural Resources
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Conservation Commission Meeting Minutes — February 28, 2023