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HomeMy Public PortalAboutConservation Commission -- 2023-03-28 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 28, 2023 6:00 PM APPROVED 11/14/2023 Vote: 6-0-0 - pnp Fe mwif Commissioners Present: Chair Michael Tobin (MT), Bruce Evans (BE), Gary Kaser (GK), Kimberly Crocker Pearson (KP), Ron Slowek (RS), Steve McKenna (SM) Commissioners Absent: Casey Chatelain (CC) 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/ Citizens' Forum 8. Notices of Intent 8a. 101 Tubman Road, 47-28 (24-37) SE9-1948. Continued 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. Commissioner Ron Slowek recuses from the discussion and vote. The applicant has requested a continuation to the April 11, 2023 BCC public meeting. Bruce Evans (BE) moves to continue the hearing to April 11, 2023. Gary Kaser (GK) second. Approved 5-0-0. Commissioner Ron Slowek rejoins the meeting. 8b. 162 Underpass Road, 77-9 (26-10 & 105) 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) and 14a. Major Stormwater compliance activities SWMC2023-01. Commissioner Gary Kaser recuses from the discussion and vote. Bill Grafton (BG) notes there is also a Chapter 272 Major Stormwater Permit pending for the proposed activity, which is listed later on the agenda, and suggests that the stormwater permit be addressed first. John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant Paul Wallace (PW), who purchased the property and received the Order of Conditions (OOC)/SE9-1920 last year for grading, excavation, and other site preparation activities. At the time the OOC was issued, it was not believed the scope of land disturbance would exceed the threshold for a Major Stormwater Permit, but PW shut down work at the site voluntarily once it was clear that the threshold had been passed. JO notes there is additional buried debris that needs to be removed, and they would like Commission approval to deploy erosion/sediment control to allow excavation at the site to continue; "this will allow us to complete what we were approved to do." The existing limit of work, 55 ft from the wetland line, will Page 1 of 5 Conservation Commission Meeting Minutes – March 28, 2023 not change. An additional Notice of Intent and Stormwater Permit, if necessary, will follow once the site is ready for further development. Ron Slowek (RS) asks about existing erosion control at the site; PW notes there is a double row of straw wattle per Commission request? RS also asks about requiring a surety bond to ensure compliance; BG suggests that the Commission could consider a $5,000 surety bond given the scope of work ultimately envisaged for the site. RS notes applicant has done a good job keeping the site under control so far. BG appreciates applicant's detailed submission and notes (1) the project does not meet the threshold for requiring a Stormwater Pollution Prevention Plan (SWPPP) and (2) the site was residentially zoned when the OOC was originally issued, and thus no Chapter 131 Sectio 40/Chapter 172 stormwater report was filed at that time as part of the original Notice of Intent (NOI). BG also asks that JO double-check the hydro -CAD figures with respect to Stormwater Performance Standard 2, notes that Standard 4 requires removal of stockpiles inside the 100 ft buffer, and that Standard 10 requires no stockpiles inside the 100 and suggests the site be staked along the 100 ft line to ensure compliance; applicants will address. BG would also like to know when the NOI for further site development will be submitted and how its timing will relate to completion of the tasks required under the Major Stormwater permit. PW hopes to do the filing by the fall; JO adds this will include a SWPPP. BG additionally suggests that (1) the stone apron at the entrance be added to the site plan, (2) applicant provide planting information and that the plantings be selected from the Cape Cod Cooperative Extension or The Vascular Plants of Massachusetts, a County List, or approved by him directly, and (3) that the stormwater permit and long-term Operations and Maintenance Plan be recorded at the Barnstable Registry of Deeds; JO questions the feasibility of O&M recording and suggests that it be incorporated into future permitting to avoid clouding the title. Michael Tobin (MT) is okay with JO's suggestion given the scope of additional permitting needed. RS suggests that the paperwork designate a point person to oversee compliance with all conditions; BG concurs, but JO notes that ultimate responsibility will lie with the listed applicants. PW is concerned with having to reappear if they have to subcontract out, but MT notes PW and co -applicant Charles Whitcomb are already listed as contractors. BG also notes that Chris Miller (CM) and he raised concerns about possible erosion/bank collapse along the utility easement on the south end of the property; PW indicates this will be one of the first things they address when the permit(s) are issued, probably using existing boulders on the site at the base of the slope; JO notes the exact design of this section is still pending. BG suggests authorizing temporary control of the area using on-site materials and that applicant report any use of outside materials. BG also suggests that applicant post signage referencing the stormwater permit number; this can be attached to the DEP sign. Regarding the request to amend the OOC, BG states he observed a potential vernal pool at the site visit on March 27, 2023 and suggests the posting of conservation markers on posts every 50 ft along the 50 ft setback, and that these be added to the site plan. JO and PW have no issue with posting of the markers but suggest this be a condition of the upcoming NOI; MT concurs. JO will add the locations to the next updated site plan. BG also suggests adding riprap for erosion control near wetland flags 6A and 7A or removing a dead white pine near the area in order to protect the potential vernal pool. PW will take the tree down. Bruce Evans (BE) moves to approve a Major Stormwater Permit for 162 Underpass Road for site preparation to include Specials Conditions as follows: Before commencing the work, post the 100 -foot buffer to ensure no stockpiles are located downgradient of the 100 -foot buffer and provide a revised site plan by 12 noon, March 31, Page 2 of 5 Conservation Commission Meeting Minutes — March 28, 2023 2023 reflecting the Commission's request for additional information. Kim Pearson (KP) second. Approved 5-0- 0. Ron Slowek (RS) moves to approve the request for amended Orders of Conditions with the special condition that they reference the approved Major Stormwater Permit 23-01 and revised site plan due 12 noon, Friday, March 31st reflecting the Commission's request for additional information. Kim Pearson (KP) second. Approved 5-0-0. Commissioner Gary Kaser recuses from the discussion and vote. 8c. 56 Underpass Road, 78/116 (26/6) 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 April 11 BCC public meeting. Bill Grafton (BG) notes that Commissioners Slowek and McKenna are eligible to vote on the continuation request, as it is a procedural matter and not administrative for the purposes of the permit. Bruce Evans (BE) moves to continue the public hearing for SE9-1940, associated with 56 Underpass Road, to April 11, 2023 as per applicant's representative's written request. Kim Pearson (KP) second second. Approved 5-0-0. Commissioner Gary Kaser rejoins the meeting. 10. Request for Extension Order of Conditions 10a. 218 W H Besse Cartway, 83-63 (41-198) SE9-1857 Bill Grafton (BG) recommends granting a two- or three-year extension. The original Order of Conditions required three years of annual monitoring for the planting plan; the 2020 and 2021 reports have been received, and BG will request the 2022 report. Ron Slowek (RS) moves to approve an Extension Order of Conditions to June 30, 2026. Kim Pearson (KP) second. Approved 6-0-0. 10b. 35 Captain Dunbar Road, 91-38 (7-13) SE9-1818 Bill Grafton (BG) notes that Special Condition A7 of the original Order of Conditions required a $5,000 surety whose receipt he was unable to confirm. Special Conditions A51 -A53 required three years of annual monitoring reports that have also not been received. BG recommends granting a one-year extension to the OOC based on the unfulfilled special conditions. Kim Pearson (KP) moves to approve an Extension Order of Conditions to June 30, 2024. Bruce Evans (BE) second. Approved 6-0-0. 10c. 122 Governor Prence Road, 58-20 (4-2) SE9-1695 Bill Grafton (BG) notes that Special Condition A50 -A52 required annual monitoring reports; these have been provided, but the last three were prepared by homeowner without professional assistance. Michael Tobin (MT) notes the Commission has allowed this in the past but has provided direction as to the level of detail required. Kim Pearson (KP) asks whether the state requires professional monitoring for coastal engineering projects. Steve Page 3 of 5 Conservation Commission Meeting Minutes — March 28, 2023 McKenna (SM) states that the coir envelopes and drift fencing installed as part of the project are technically not coastal engineering structures but acknowledges there is some gray area. Applicant William King (WK) notes that the work area is only about 20 ft long and the initial report from Coastal Engineering was costly. He and his neighbor are actively maintaining the nourishment and structures, and have been providing photo documentation to this effect. BG recommends granting a three-year extension but suggests that the Commission consider providing additional specificity to the boilerplate special condition on monitoring reports. Bruce Evans (BE) moves to approve an Extension Order of Conditions to May 4, 2026. Gary Kaser (GK) second. Approved 6-0-0. 10d. 2907 Main Street, 90-160 (14-1) SE9-1805 Bill Grafton (BG) notes that detailed annual monitoring reports have been provided by wetland scientist Paul Shea (PS), Independent Environmental Consultants. BG would like to review future tree pruning by Bartlett Tree Experts, and recommends that the Commissioners visit the site. Bruce Evans (BE) moves to approve an Extension Order of Conditions to July 30, 2026. Gary Kaser (GK) second. Approved 6-0-0. 11. Show Cause Hearings 11a. 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. Attorney Christopher Senie (CS) present for property owner Stephan Brown (SB). CS notes their consultants, including BSC Group and Brad Holmes of ECR, have been working with Bill Grafton (BG) and Chris Miller (CM) on finalizing the existing conditions and restoration plans. BG notes the existing conditions plan includes newly surveyed elevations that are more accurate than those on the Town maps. David Schlessinger (DS), also representing SB, has shown interest in additional optional plantings. BG has also been in touch with Town Counsel (TC) about pathways to eventual dissolution of the four outstanding enforcement orders on the property. TC has responded to a query from Commissioner Evans indicating SB would need to file a Notice of Intent to initiate any new commercial agricultural use on the property. Ron Slowek (RS) moves to continue the Enforcement Order discussion to April 11, 2023. Gary Kaser (GK) second. Approved 6-0-0. 11b. 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) advised that a $12,370 bank check to ensure the mitigation plantings and reporting were submitted. The check has been deposited but not cleared. BG recommends a continuation to April 11, 2023 to confirm the check has cleared. Bruce Evans (BE) moves to continue the Enforcement Order discussion for Karam at 330 Main Street to April 11, 2023. GK second. Approved 6-0-0. 13. Request for Administrative Review Page 4 of 5 Conservation Commission Meeting Minutes — March 28, 2023 13a. 72 Allerton Lane, 89-1-3733 (27-4200-100) ADM #23-04. Michael DeAngelo. Support posts for elevated deck. Michael DeAngelo (MD) present for applicant, who wishes to construct a ground -level platform over an existing concrete patio off the back patio door that would sit on four new deck footings. All work will be done by hand. The deck will extend no more than 8 ft off the back of the building but will extend 2-3 feet to the left and right of the pad. Bill Grafton (BG) notes that the work area lies in the 50 to 100 ft buffer and characterizes the 50 sq ft of additional impervious coverage as de minimis; Michael Tobin concurs. BE moves to approve the administrative review for ADM 923-04 at 72 Allerton Lane. GK second. Approved 6- 0-0. 15. Report of Natural Resources Director Nothing new to report. 17. Report of the Conservation Administrator Bill Grafton (BG) recommends that all Commissioners complete the Fundamentals for Conservation Commissioners training program offered by the Massachusetts Association of Conservation Commissioners. Ron Slowek (RS), who is going through the program, noted it introduces best practices from other Commissions across the state, who are all facing the same issues. Andreana Sideris (AS) is also nearly through the program. BG is working with AS to modernize the Conservation Office, and with Commissioners Chatelain and Pearson to update Conservation Department forms, special conditions, document requirements, and checklists, including specifications for monitoring reports. 19. Adjourn Bruce Evans (BE) moves to adjourn. Meeting adjourned at 6:55 PM. Respectfully submitted Gary Kaser (GK) second. Approved 6-0-0. Cassandra West, Senior Department Assistant, Department of Natural Resources Page 5 of 5 Conservation Commission Meeting Minutes — March 28, 2023