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Home My Public Portal AboutConservation Commission -- 2023-04-25 MinutesWriuiy;�� APPROVED 11/28/2023 �� 4_., S TF �fi,.r Town of Brewster Conservation Commission Vote: 7-0-0 p o� e9� 9 Via, 1657 Main St., Brewster, MA 02631 + ' 3=` ` �°m; 9 =�ti conservation@brewster-ma.gov o = w w (508) 896-4546 MEETING MINUTES ptE° o.�°� April 25, 2023 6:00 PM "Co. isoll 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), Steve Michael Tobin McKenna (SM) Chair Commissioners Absent: None Staff Present: Bill Grafton (BG), Chris Miller (CM), Andreana Sideris (AS) Casey Chatelain Vice Chair 1. Call to Order Commissioners 2. Declaration of a Quorum Bruce Evans 3. Meeting Participation Statement Gary Kaser 4. Recording Statement Kimberley Crocker 5. Public Comment/ Citizens' Forum Pearson Ron Slowek 6. Discussion Steve McKenna Commissioner Ron Slowek recuses from the discussion and vote. Staff 6a. 101 Tubman Road, 47-28 (24-37). SE9-1948. Alexa Hope. Commission to discuss and Chris Miller, finalize Order of Conditions. Bill Grafton & Commissioners Natural Resources Director Bill Grafton (BG) reviews the draft decision with the Commissioners, including which of the standard Bill Grafton, conditions are and are not applicable; resource area, which is bordering vegetated wetland buffer Conservation zone; and granting of a variance as to RPE stamp on the site plan. Administrator Bruce Evans (BE) suggests use of a backhoe or Bobcat would be acceptable if needed. Gary Kaser Andreana Sideris, (GK) asks about requiring the use of an environmentally friendly hydraulic oil on machinery to be Assistant to used close to the resource area. Michael Tobin (MT) notes there is unlikely to be machinery inside Natural Resources the 50 ft buffer but thinks this would be a good standard condition going forward. BG will add a Director and condition requiring the use of biodegradable hydraulic fluid. Chris Miller (CM) suggests special Conservation conditions regarding no use of machinery inside the 50, clearly identifying the limit of work on the Administrator site plan, and timing of the mitigation plantings in relation to the start of work. CM also suggests that evidence that the Order of Conditions was recorded at the Registry of Deeds be provided at the pre - construction meeting; BG will revise accordingly and suggests that the language around certain standard conditions should be tightened up, including as to monitoring reports and as -built plans. Bruce Evans (BE) moves to accept the Special Conditions as edited and issue Order of Conditions/SE9-1948 for 101 Tubman Road. Kim Pearson (KP) second. Approved 6-0-0. Commissioner Ron Slowek rejoins the meeting. 6b. Commission to discuss administrative, implementation, and enforcement responsibility of Conservation Administrator as a Designated Agent for Stormwater Permit Applications under Code of the Town of Brewster, Chapter 272 Stormwater Management Bylaw. Page 1 of 5 Conservation Commission Meeting Minutes — April 25, 2023 Bill Grafton (BG) notes that the Town Planner and Building Commissioner have been given agent duties and powers with respect to enforcement and administration of the stormwater management bylaw, and requests that the Commission grant him the same duties, as this would streamline the processing of stormwater permits. BG reads the following delegation language into the record: The Town of Brewster Conservation Commission, Stormwater Authority under Sections 272-1 and 272-4 of the Town's Stormwater Management Bylaw (Chapter 272 of the Town of Brewster Code), in accordance with said Bylaw, hereby delegates its powers and duties of administration, implementation and enforcement to the Brewster Conservation Administrator and designates the Brewster Conservation Administrator as its authorized enforcement agent forpurposes of Section 272-14 of said Bylaw. This delegation and designation shall remain in force and effect unless and until revoked or amended. Kim Pearson (KP) moves to approve the delegation of Ch. 272 duties and powers as per the delegation language read by the Conservation Administrator. Gary Kaser (GK) second. Approved 7-0-0. 8. Notices of Intent 8a. 216 Mitchell Lane, 115-49 (11-1-5). Continued Public Hearing. Stephen and Sarah Barkhuff propose the construction of a stairway and a foot path as well as vegetation management and vista pruning within land subject to coastal storm flowage, riverfront, isolated vegetated wetland, and buffer zone to bordering vegetated wetland, isolated vegetated wetland, land subject to coastal storm flowage, inland bank, and salt marsh. Bill Grafton (BG) notes that Andreana Sideris (AS) and he will be meeting with applicant's qualified wetland scientist on Thursday to review the wetland delineation. Bruce Evans (BE) moves to continue to the May 9, 2023 Commission Public Meeting as per the applicant's request. Ron Slowek (RS) second. Approved 7-0-0. 8b. 56 Underpass Realty Trust, 56 Underpass Road, 78-116 (26-6) 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 May 9, 2023 BCC public meeting. Bruce Evans (BE) moves to continue the hearing for 56 Underpass Road, SE9-1940, to the May 9, 2023 Commission Public Meeting as per the applicant's request. Kim Pearson (KP) second. Approved 6-0-1, Gary Kaser (GK) having abstained. 9. Request for Certificate of Compliance 9a. 290 Foster Road, SE9-1790. 79-26 (6-9).William and Lynn Kargman, vegetation management and vista pruning. Applicant's representative has asked for condition A19 in the Order of Conditions (OOC) to become an ongoing condition in the Certificate of Compliance (COC); however, Bill Grafton (BG) notes that the language in A19 does not reference an ongoing condition and thus an Ongoing Condition is not permittable under this Certificate of Compliance process. BG also notes there is no evidence that a Tupelo tree was planted as required in Special Page 2 of 5 Conservation Commission Meeting Minutes — April 25, 2023 Condition A35, and the OOC expiration date, including tolling, was January 23, 2023. BG will work with applicant to address these issues. Bruce Evans (BE) moves to continue the hearing for 290 Foster Road, SE9-1790, to the May 9, 2023 Commission Public Meeting as per applicant's request. Gary Kaser (GK) second. Approved 7-0-0. 9b. 38 Captain Baker Road, SE9-1154.72-19 (41-65). George and Karen Oliver, construction of single family home and revetment wall. Bill Grafton has reviewed the documentation and visited the property, and suggests issuance of the Certificate of Compliance. Ron Slowek (RS) moves to approve and issue a complete Certificate of Compliance for SE9-1154 at 38 Captain Baker. Steve McKenna (SM) second. Approved 7-0-0. 9c. 38 Captain Baker Road, SE9-1198.72-19 (41-65). George and Karen Oliver, elevated stairway. Bill Grafton has reviewed the documentation and visited the property, and suggests issuance of the Certificate of Compliance. Kim Pearson (KP) moves to approve and issue a complete Certificate of Compliance for SE9-1154 at 38 Captain Baker. Ron Slowek (RS) second. Approved 7-0-0. 9d. 38 Captain Baker Road, SE9-1235.72-19 (41-65). George and Karen Oliver, construction of dock. John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant. Bill Grafton (BG) observed unpermitted water and electrical lines under the stairway leading to the dock; these have been removed by property manager Ken Drushella (KD), but applicant additionally did not obtain a Chapter 91 license prior to the dock construction. Town Counsel Alex Weisheit (AW), in consultation with BG and Chris Miller (CM), suggested that the Commission approve but not issue the Certificate of Compliance (COC) until a recorded copy of the Chapter 91 license is provided. Applicant has provided written authorization for the Commission to delay issuance of the COC until 21 days after the recorded license has been provided. JO advises that the Chapter 91 license has been submitted and is currently in the comment period; buyer is aware of the pending license. BG suggests an April 30, 2024 deadline for submittal of the recorded license to the Department. Michael Tobin (MT) advises JO to request an extension if the license is not issued by then. Ron Slowek (RS) asks about the water and electric line removal. BG indicates these consisted of an extension cord and hose, and photographic evidence of their removal was provided; no trenching or other infrastructure was observed. Kim Pearson (KP) moves to accept George Oliver's letter dated April 25, 2023 waiving the 21 -day issuance requirement until after the recorded Ch. 91 is submitted to the Conservation Administrator. Gary Kaser (GK) second. Approved 7-0-0. Kim Pearson (KP) moves to approve a Complete COC with a cover letter from the Conservation Administrator including comments that George Oliver's April 25, 2023 letter applies and exceeding the April 30, 2024 deadline for submittal shall lead to the Commission requiring a new Notice of Intent for the seasonal dock deployment. Gary Kaser (GK) second. Approved 7-0-0. Page 3 of 5 Conservation Commission Meeting Minutes — April 25, 2023 10. Request for Extension Order of Conditions 10a. SE9-1820. 57-5 (17-1). Cobbs Pond Condominium Association, vegetation management and vista pruning. Bill Grafton (BG) notes that this Order of Conditions expires on June 25, 2023 after tolling, and suggests issuance of a three year extension. Bruce Evans (BE) moves to approve an Extension Order of Conditions for Cobbs Pond Condominium Association, SE9-1820, to June 25, 2026. Gary Kaser (GK) second. Approved 7-0-0. 11. Show Cause 11a. 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. Continued. Attorney Christopher Senie (CS), representing property owner Stephan Brown (SB), states he met today with Bill Grafton (BG), Chris Miller (CM), and Town Counsel (TC) on a new agreement that would address the violations on the property. BG adds that all parties are working well together; BG recently reviewed the A series wetlands, as well as wetland flags B1 -B30 and C4 -C14, and will review the D and remaining B and C flags soon. The areas he reviewed today are the ones that will most likely require soil sampling to confirm, but the flags generally appear to be accurate. The removal of fill by flags Al -A7 could help with flooding issues and be a worthwhile part of the mitigation. CS and TC are working on a sequence for the eventual dissolution of the enforcement orders. Michael Tobin (MT) asks about the timeline for final approval of an agreement. BG notes that other departments are looking at end of June; he is trying for earlier but there are many consultants and moving parts involved. Ron Slowek (RS) would like to see the property again before approving a final plan; BG concurs and would like to review the plan with the Commissioners in greater detail. Gary Kaser (GK) asks about the purpose of the soil testing. BG indicates this is an opportunity to get the wetland line definitively delineated with relatively few soil borings. GK agrees in principle but asks how far back BG intends to go; BG will look to take representative samples in the C4-14 and B19-25 areas; the fact that these areas are disturbed makes them subject to possible restoration for any unpermitted filling after the passage of the WPA in 1972. MT notes that the borings will help establish where the wetlands actually are, which in turn will guide the restoration plan. CM notes that good progress has been made in recent months, and BG's review of the wetland flags is an integral part of finalizing the restoration plan. Once this is done, SB's consultants will need time to do the work. MT agrees the matter has been moving forward but there are still multiple steps ahead. Attorney T. J. Hurrie (TH), representing abutter Michael Jardus (MJ), asks BG if he has been able to establish whether parts of the property lie in Riverfront; BG indicates there is Riverfront, both inner and outer riparian, on the property; this is noted on the latest site plan, and BG will work with applicant's consultants on the exact extent. Bruce Evans (BE) moves to continue the enforcement order discussion for Brown at 2628 Main Street to the May 23, 2023 Commission Public Meeting. Gary Kaser (GK) second. Approved 7-0-0. Page 4 of 5 Conservation Commission Meeting Minutes — April 25, 2023 I lb. 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) advises that the $12,3 70 bank check for mitigation plantings and reporting has cleared, and Town Counsel is working to close out the Court order. BG conducted a preconstruction meeting at the property with David Karam, new property owner Laura Fischman, realtor Mina O'Keefe, abutters Laura and David Poltrock, and Charles Wentz, Ponderosa Landscaping, who will begin the plantings during the Spring planting season. Therefore, BG suggests that the Enforcement Order be dissolved. Bruce Evans (BE) moves to approve the dissolution of the Enforcement Orders associated with 330 Main Street and direct the Conservation Administrator to prepare and issue the dissolution letter. Kim Pearson (KP) second. Approved 7-0-0. 13. Request for Administrative Review 13a. 203 Leland Road, #23-06.33-5 (36-119). Daniel Stevens, hazard tree in buffer zone. Applicant contacted the Conservation Office regarding removal of the tree on his property, which was overhanging a walking path maintained by the Homeowners' Association. Applicant's arborist confirmed the tree posed an imminent hazard, and BG and CM authorized applicant to remove the tree and file for after -the -fact administrative approval. After removal, the arborist advised the tree had been severely infested by insects. Kim Pearson (KP) moves to approve the After -The -Fact Administrative Review for the removal of hazard tree located in the 100 -foot buffer zone. Gary Kaser (GK) second. Approved 7-0-0. 15. Report of Natural Resources Director Chris Miller notes that the herring runs remain active. 16. Report of the Conservation Administrator Bill Grafton would like to work with Chris Miller, coastal geologist Greg Berman, CZM staff, and other professionals to refine the standard conditions of approval for coastal stabilization projects and their annual monitoring; participation and feedback from the Commissioners is welcome. 19. Adjourn — - - - Bruce Evans moves to adjourn. Kim Pearson second. Approved 7-0-0. Meeting adjourned at 6:53 PM. Respectfully Submitted, Cassandra West, Senior Department Assistant Page 5 of 5 Conservation Commission Meeting Minutes - April 25, 2023