HomeMy Public PortalAboutConservation Commission -- 2023-03-14 MinutesConservation
Commission
Michael Tobin
Chairman
Casey Chatelain
Vice Chairperson
Commissioners
Bruce Evans
Gary Kaser
Kimberley Crocker
Pearson
Ron Slowek
Steve McKenna
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
March 14, 2023 6:00 PM
APPROVED 11/14/2023
Vote: 6-0-0
Commissioners Present: Chair Michael Tobin (MT), Vice Chair Casey Chatelain (CC),
Bruce Evans (BE), Gary Kaser (GK), Kimberly Crocker Pearson (KP), Ron Slowek (RS)
Commissioners Absent: 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
4. Recording Statement
5. Public Comment/ Citizen's Forum
6. Discussion
6a. 2628 & 2624 Main Street, 89-14 (15-113-2). Brown enforcement order discussion - Attorney
Senie and David Schlessinger
David Schlessinger (DS) and attorney Christopher Senie (CS) present for property owner Stephan
Brown (SB). CS noted that an existing conditions plan was recently submitted, and the
Commissioners and staff recently walked the site. Bill Grafton (BG) is working with BSC Group and
wetland scientist Brad Holmes, ECR, on a revised delineation and restoration plan. CS and DS are
also working to resolve violations with other Town entities. They ultimately wish to have the
property "redeveloped in the front and preserved in the back" once all issues have been resolved.
Michael Tobin (MT) noted he has questions he would like to relay to Town Counsel (TC); BG
suggests that the Commissioners send such questions to him, and he will forward on to TC. Kim
Pearson (KP) thinks soil testing will be needed to determine where the wetlands were before the
unauthorized cutting and filling, and if any hazardous substances were introduced. Gary Kaser (GK)
suggests the focus be on resolving issues in the existing wetland buffers first, as the property has a
long history of commercial use. Casey Chatelain (CC) agrees the Commission should first focus on
establishing the current wetland lines and buffers, and listing and resolving the current violations:
"Bring the property into compliance, and then think about moving forward." Ron Slowek (RS) is
pleased with the constructive dialogue with SB and his representatives, and is willing to work with
them as long as the lines of communication are open. Bruce Evans (BE) wants to make sure the
issues the Commissioners observed on the site are factored into the restoration plan. DS suggests that
a list of issues to be addressed and an operations and maintenance plan will help them to know what
they can and can't do on the property, as well as plan for future development.
Attorney T.J. Hurrie (TH), representing abutter Michael Jardus (MJ), is encouraged by the recent site
visit and steps taken towards restoration and agrees with CC's suggestion that the violations should
be resolved before all else.
RS moves to continue to the March 28, 2023 Commission Public Meeting to allow time for the
Conservation Administrator to work with BSC Group and ECR to revise the existing conditions plan,
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wetland delineation, and restoration plan in preparation for Commission ratification. BE second.
Approved 6-0-0.
6b. Wing Island transfer to Con Comm and CR requirements - Commissioners
Town Manager Peter Lombardi (PL) present to discuss the March 6, 2023 Town Meeting vote to transfer Wing Island to
the Conservation Commission for conservation, passive recreation, and educational purposes. PL notes that the Island has
been under the control of the Select Board (SB) for public bathing and recreational purposes since 1961. Town Counsel
(TC) was not consulted in the drafting of the article, which was submitted by citizen petition, and has opined the property
is already protected under Article 97 as land for passive recreation and the actual transfer will require state legislation.
The SB is working with TC to draft this version. The SB has also discussed whether to add a Conservation Restriction
(CR) to the property, which would provide additional protections but require a two-thirds vote at both the annual Town
Meeting and State Legislature. PL and the SB would like feedback on whether the Commission is (1) interested in
assuming care, custody, and control of the property and (2) supports adding a CR to the legislation. The terms of the CR
could be finalized while the state legislation is pending, and would require approval at a future Town Meeting. PL adds
that the CR could also be held by a private organization such as the Brewster Conservation Trust but they wished to give
the Commission the first option at doing so.
Bruce Evans (BE) asks how the Commission would make decisions on matters such as widening the path or boardwalk on
the island if it were to hold the CR - "Are we going to assume that the town people don't want it accessible?" PL notes
that the property has de facto been used and managed for passive recreation since its acquisition. There are provisions in
the existing CR for the marsh area through which the boardwalk passes that give the Commisisont the discretion to make
changes to the boardwalk. Casey Chatelain (CC) notes she used to work with Barnstable Land Trust on CRs, and the CR
in question would apply to just the island itself. If a CR is established for the island, CC supports taking the time to draft
terms that will allow the entity holding the flexibility to properly manage the property. PL adds that a CR will typically
list allowed and disallowed uses. Chris Miller (CM) notes that the CR for the marsh area explicitly listed the pre-existing
boardwalk as an allowed use. The marsh and beach areas of the island are already covered under the existing CR and the
new one, if implemented, would only apply to the upland areas. There is already a land management plan that describes
the existing uses of the island that would be a reference for drafting the CR. PL adds that a CR could potentially codify
Cape Cod Museum of Natural History programming as a protected use. Kim Pearson (KP) asks if a USGIS marking and
capturing program would also be memorialized in the CR; PL notes this is another long-standing use that could be
memorialized with the proper licensing and agreement with all parties. KP expresses concerns about the practice but Gary
Kaser (GK) states bird banding is an important tool for monitoring populations, and the individuals involved receive
extensive training on proper techniques. GK would also like the CR to provide protections to nesting areas on the island.
CM notes that maintaining the field habitat on the island is a challenge but is something that could be memorialized as a
priority. Bill Grafton will draft a letter of support to be provided to the SB.
KP moves to direct the Conservation Administrator to prepare a letter responding favorably to the Town Manager's
inquiry about the transfer of the land to the care, custody and control of the Conservation Commission. Ron Slowek (RS)
second. Approved 6-0-0.
6c. MassDEP Wetlands Program Policy 22-01: Diadromous Fisheries Stream Management, existing stream
maintenance conservation permits and requirements
MassDMF Diadromous Fisheries Project Leader Brad Chase (BC) notes he has worked with Brewster Department of
Natural Resources (DNR) staff on a stream management plan to encourage fish passage and spawning upstream. Chris
Miller (CM) notes these activities were permitted in the Stony Brook watershed through an RDA in 2021; he would like
to work with BC to revise the plan in accordance with MassDEP Wetlands Policy 22-01, which was implemented last
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year. Bill Grafton (BG) suggests these updates will expedite permitting for stream management and codify how it is
performed. The existing plan, and CM and BC's efforts, have been instrumental in keeping Brewster's fish runs healthy.
CM adds that stream management for fisheries can only be effective if coordinated across the entire length of a stream,
and they have utilized trained volunteers and personnel that are familiar with the plan. The plan mainly concerns removal
of vegetation and sediment; more substantial work, including an upcoming reconstruction of the Stony Brook weir
system, will be permitted through a forthcoming Notice of Intent.
Bruce Evans (BE) moves to ratify MassDEP Policy #22-1 for stream management of Brewster fish runs with special
conditions as follows: any party proposing to perform stream maintenance in Brewster Fish Runs shall 1) review
MassDEP 22-01 Policy Documents, 2) perform the work in accordance with the referenced policy documents, and 3)
notify the Brewster Conservation Administrator and the Brewster Director of Natural Resources two weeks in advance of
performing the work. Gary Kaser (GK) second. Approved 6-0-0.
8. Notices of Intent
8a. 46 Featherbed Lane, 11-45 (38-36) SE9-1947. New Public Hearing. Crossroads/Camp Mitton proposes
beach nourishment, erosion repair, and installation of a drywell within inland bank, bordering land subject to
flooding, bordering vegetated wetland, and buffer zone to bordering vegetated wetland.
Brad Holmes (BH), ECR, present for applicant along with project engineer Pat Brennan (PB), PGB Engineering. The
proposed activity, a continuation of work initially permitted in 2015, includes installation of a drywell to address erosion
issues upgradient of the buffer zone, beach nourishment along the shoreline of Slough Pond, and fill, loaming, and
seeding by the edge of a pre-existing basketball court. They have received a NHESP finding of no adverse impact with
special conditions, and wish to perform the work before the start of the summer season. PB briefly discusses the design of
the drywell, catch basin, and overflow drain which he expects will address the erosion issues in the area.
Casey Chatelain (CC) supports the project aim but would like to know what equipment will be used to perform the work.
PB indicates a small excavator will be needed for the drywell system and a skid steer loader will be used for the grading.
Ron Slowek (RS) asks about the run and drop in the beach area; PB indicates the run is about 60 ft and the drop about 4 ft.
Bill Grafton (BG) suggests that these details be added to the general notes in the plan. PB will verify and add the figures.
Chris Miller (CM) notes that the 2015 Order of Conditions was an after -the -fact filing that included a special condition
from NHESP that the beach was not to be expanded, but it is difficult to elucidate the existing and proposed conditions
from the current site plan; a revised plan may be needed in order to ensure the beach is not expanded; BG notes that
NHESP has imposed the same special condition for this filing and agrees these details would be helpful; BG also requests
additional updates including reference to the current FEMA flood plan, flood plain buffer zone, and wetland data sheets as
required under the Commission checklist. PB indicates they are not looking to expand the beach and will update the
plans.
BG suggests the Commission should determine whether (1) the proposed beach renourishment constitutes fill in
Bordering Land Subject to Flooding that would trigger a requirement for compensatory storage and (2) whether the total
fill amount, including the sand renourishment, would trigger the need for a Major Stormwater Permit under Chapter 272
under the Town bylaw. BG suggests that the sand used for the renourishment could be considered a porous material not
considered to be "fill" for the purposes of the regulations, and suggests the additional activity required to create the
"compensatory storage" would not be of benefit to this resource area since the vegetated buffer zone would likely be
cleared to create the compensatory storage; the Commissioners concur.
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BG also observed a large pavilion just inside the 100 ft buffer for which he was unable to locate a permit, and suggests
this should be depicted on the revised site plan. BH notes applicant received a special permit from the Planning Board for
the structure, and he is looking to see if a Conservation sign -off occurred at that time. BG has no issue with the variance
requested by applicant but notes they need to submit the required fee.
Bruce Evans (BE) moves to close the hearing and issue Order of Conditions with Special Conditions and the submittal of
a revised site plan signed and stamped by a RPE or PLS, addressing the Commission's additional information request by
12 noon, Friday, March 24, 2023. Gary Kaser (GK) second. Approved 6-0-0.
Commissioner Ron Slowek recuses from the following discussion and vote.
8b. 101 Tubman Road, 47-28 (24-37) SE9-1948. New Public Hearing. Alexa Hope proposes vegetation management
activities as well as the installation of a berm, grass footpaths, hoop houses, existing stone drainage extension, and
after -the -fact approval of a shed within buffer zone to bordering vegetated wetland
Paul Shea (PS), Independent Environmental Consultants, and Asa Mintz (AM), AJM Site Designs, present for applicant,
who proposes native plantings and invasive species treatment within a BV W buffer zone, and the addition of a berm at the
wetland line, between flags A6 through Al2, to keep disturbed soils out of the wetland; PS noted a shed under
construction in the 50 to 100 ft buffer that he has added into the application; they are also constructing a house addition
that is outside the 100 R buffer. PS characterizes the filing as an agricultural project under the regulations and opines the
plantings, primarily native flowers, will attract pollinators. They are not proposing any tree removal and are willing to
work around existing native shrubs in the planting area. They would like to keep the shed in its current location.
Michael Tobin (MT) asks if any irrigation is proposed? PS doesn't believe any irrigation lines are proposed at this time
and will update the site plan if any are added. MT also asks if the plantings will be in raised beds that would require
constant maintenance. PS states applicant considered using raised beds initially but "the last time we talked, we were
doing things on the ground." CC expresses concern about the potential for the plantings to "encourage constant traffic
and alteration" inside the 50 ft buffer. All agree that activity in the 0 to 50 should be minimized; MT has no issue with the
proposed plantings in the 50 to 100. PS suggests shifting the flowers to the 50 to 100 buffer and planting native shrubs in
the 0 to 50; MT supports the concept but CC wants the shrubs to be completely left alone once planted, as they would
otherwise be approving agricultural activity inside the 50 ft buffer; all agree. Bill Grafton (BG) suggests that these
plantings be subject to annual monitoring, and that conservation markers be posted along the 50 ft buffer.
Kim Pearson (KP) would like to see a planting list with species/genus names, as some of the proposed plantings have
native/non-native forms; PS will provide. BG suggests that PS's planting list reference the Cape Cod Cooperative
Extension list and the Vascular Plants of Massachusetts, a County Checklist.
All present also discuss the shed under construction, which Chris Miller (CM) notes is about 25 ft from the wetland line.
BG has consulted with the Building Commissioner who advised no building permit was issued and suggested that it be
moved outside the 50. Gary Kaser (GK) agrees the shed should be moved outside the 50. BG also suggests that the
Commission consider requiring mitigation plantings for a verbal violation issued by previous Administrator Aguilar for
unpermitted fill and tree removal.
BG also notes that the site plan does not bear an RPE or PLS stamp as required by the Commission checklist; CM
suggests that an existing conditions plan be added to be plan set. The matter is continued to the April 11, 2023 meeting to
allow for revisions.
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Bruce Evans (BE) moves to continue the hearing to April 11, 2023 as per the Commission's additional information
request and submittal of a revised site plan to be signed and stamped by a RPE or PLS. Gary Kaser (GK) second.
Approved 5-0-0.
Commissioner Ron Slowek rejoins the meeting.
8c. 162 Underpass Road, 77-9 (26-10) SE9-1920. New Public Hearing. Paul Wallace requests amendments to
approved Order of Conditions (erosion and sediment control/minor changes buffer zone to bordering vegetated
wetland).
The applicant has requested a continuation to the March 28, 2023 BCC public meeting. A Chapter 272 Major Stormwater
application is also pending.
Bruce Evans (BE) moves to continue the hearing to March 28, 2023 as per the applicant's consultant's written request.
Gary Kaser (GK) second. Approved 6-0-0.
Commissioner Gary Kaser recuses from the discussion and vote.
8d. 56 Underpass Road, 78-116 (26-6) SE9-1940. 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.
The applicant has requested a continuation to the March 28, 2023 BCC public meeting.
Bruce Evans (BE) moves to continue the hearing to March 28, 2023 as per the applicant's consultant's written request.
Casey Chatelain (CC) second. Approved 5-0-0.
Commissioner Gary Kaser rejoins the meeting.
11. Show Cause
Ila. 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.
The applicant has requested a continuation to the March 28, 2023 BCC public meeting.
Bruce Evans (BE) moves to continue the hearing to March 28, 2023 to allow time for 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. Kim Pearson (KP) second. Approved 5-0-0.
llb. 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 (TC) has been in communication with David Karam (DK), who advised he now expects the closing to
occur March 16, 2023; he is seeking an interim payment from the buyers before then for the mitigation plantings and
reporting. Bill Grafton (BG) has received no new information and recommends a continuation pending further
developments.
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Bruce Evans (BE) moves to continue the Enforcement Order discussion associated with 330 Main Street to March 28,
2023. Kim Pearson (KP) second. Approved 6-0-0.
15. Report of Natural Resources Director
Chris Miller notes that herring season is approaching and the fish counter will be in place by March 2023. A Notice of
Intent for renovations to the fish run is forthcoming. Outside experts are assisting, as the scope of work is extensive. The
project is being funded by the Cape Cod Conservation District as well as USDS and Community Preservation Act funds.
16. Report of the Conservation Administrator
Bill Grafton (BG) is in contact with the Building Commissioner and Town Planner regarding a pending Minor Plan
Change or Request for Amended Order of Conditions for 178 Bonnie Doone Drive. BG recommends that all
Commissioners visit the site.
BG is working with Commissioners Chatelain and Pearson to update Conservation Department forms, special conditions,
document requirements, and checklists.
19. Adjourn - - — —
Bruce Evans (BE) moves to adjourn. Gary Kaser (GK) second. Approved 6-0-0.
Meeting adjourned at 7:48 PM.
Respectfully submitted
Cassandra West, Senior Department Assistant, Department of Natural Resources
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