HomeMy Public PortalAboutConservation Commission -- 2023-04-11 MinutesConservation
Commission
Michael Tobin
Chairman
Casey Chatelain
Vice Chairperson
Commissioners
Bruce Evans
Gary Kaser
Kimberley Croc
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) 8964546
MEETING MINUTES
April 11, 2023 6:00 PM
APPROVED 11/28/2023
Vote: 7-0-0
Commissioners Present: Chair Michael Tobin (MT), Vice Chair Casey Chatelain (CC),
Bruce Evans (BE), Kimberly Crocker Pearson (KP), Ron Slowek (RS)
Commissioners Absent: Gary Kaser (GK), Steve McKenna (SM)
Staff Present: Bill Grafton (BG), Chris Miller (CM), Andreana Sideris (AS)
1. Call to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recoding Statement
5. Public Comment / Citizens' Forum
Glenn Casey (GC), 288 Fletcher Lane, speaks regarding the Millstone affordable housing
project on a nearby 16.6 acre parcel of land that he states would involve extensive clear -
cutting of "some of the oldest trees on the Cape." He is also concerned the property may
include NHESP priority habitat and states that abutters have identified box turtles, bog turtles,
and short -eared owls in the area. GC lists several other concerns with the project and would
like the Commission to look into the potential environmental impacts.
Bill Grafton (BG) notes that NHESP bases its classifications on habitat and
identification/observation of rare species. If a Notice of Intent is filed for the project, the
project would be referred as appropriate to NHESP.
6. Discussion
6a. Foster Road paving & storm drain project — Exemption under Ch. 172-3 (A) -Griffin Ryder
DPW Director Griffin Ryder (GR) present to discuss pending repaving and drainage upgrades on
Foster Road, which is an extension of work on Breakwater Road discussed with the Commission in
November. He has been in touch with Bill Grafton (BG) regarding nearby resource areas including
wetland and coastal bank buffer zones. All work on Foster will be in the existing footprint and there
will be no expansion of the road. Some work has commenced, including the installation of drainage
infrastructure in the buffer near Main and Foster, as well as at two locations outside Commission
jurisdiction. Pending milling and repaving work near the intersection with Point of Rocks Road is
also in a buffer zone but within the roadway footprint. They are willing to shorten the work area
slightly if needed to protect the dune.
Bruce Evans (BE) notes that the work is in a previously disturbed roadway and qualifies for the
exemption for road work under Chapter 172, and suggests that BG be authorized to administratively
confirm such exemptions going forward. BG concurs, noting he would bring any "gray area" projects
before the Commission to review.
Bruce Evans (BE) moves to approve the Foster Road paving and drainage upgrade project as an
exemption under Chapter 172-3(A). Kim Pearson (KP) second. Approved 5-0-0.
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Bruce Evans (BE) moves to authorize the Conservation Administrator to determine exemptions under
Ch. 172 and 310 CMR 10.0 where applicable, referring any discrepancies or Town requirements to
the Commission for final determination. Kim Pearson (KP) second. Approved 5-0-0.
6b. Extension Order of Conditions and Tolling Provisions Associated with the COVID-19 Emergency
Declaration — Bill Grafton & Town Counsel
Bill Grafton (BG) reviews a guidance document from MassDEP with respect to permit expiration date tolling due
to the COVID-19 emergency declaration, noting that the tolling provisions of 462 days associated with the
COVID-19 Emergency Declaration is rapidly closing. The last eligible permitting date for projects eligible for
the tolling was March 9, 2020 expiring March 9, 2023 with a tolled expiration date of June 13, 2024.
BG has noticed some confusion among applicants regarding the actual expiration date of their permit, and some
have allowed their permits to expire. In addition, some applicants have not recorded their open Orders of
Conditions, Amended Order of Conditions, Extended Order of Conditions and Certificate of Compliance at the
Registry of Deeds as required; DNR staff is willing to assist, but these tasks are ultimately the responsibility of
applicants and their consultants.
7. Request for Determination of Applicability
7a. 65 Williams Drive, 67-79 (16-98) After -the -Fact RDA #23-03. John Kyrie requests determination as to
whether the area and work depicted on the plan — relocation of an existing shed — are subject to the
Wetlands Protection Act and jurisdiction of the BWP Bylaw.
Paul Shea (PS), Independent Environmental Consultants, present for applicant, who initially placed a shed inside
a 50 ft wetland buffer about 20 ft from the wetland and would like to move it to a location outside the 50 ft buffer,
about 85 feet from the wetland. The concrete pilings in the present location will be removed and the area filled in
with native soil or equivalent. A wide -tracked vehicle will be used to relocate the shed. The project came to the
attention of the Conservation Administrator through a building permit review.
Bill Grafton (BG), Andreana Sideris (AS), and Michael Tobin (MT) visited the property and have no issues. BG
recommends that a waiver be granted as to the requirement that the site plan bear a RPE or PLS stamp.
Bruce Evans (BE) moves to issue a Positive Determination No. 5 for the Bylaw and a Negative Determination
No. 3 for the work in the buffer zone. Kim Pearson (KP) second. Approved 5-0-0.
Bruce Evans (BE) moves to approve the waiver for the site plan preparation by a RPE or PLS submittal
requirement. Kim Pearson (KP) second. Approved 5-0-0.
8. Notices of Intent
8a. 216 Mitchell Lane, 115-49 (11-1-5). New 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.
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Bill Grafton (BG) visited the site and noted issues with the delineation; applicant has requested a continuation so
these can be addressed.
Bruce Evans (BE) moves to continue to the May 9, 2023 Commission Public Meeting as per the applicant's
request. Kim Pearson (KP) second. Approved 5-0-0.
Commissioner Casey Chatelain (CC) recuses from the discussion and vote.
8b. 560 Crowells Bog Road, 72-34 (41-9-4). New Public Hearing. Michael and Erica Haidas propose the
replacement and reconfiguration of a deck with spa and landing reconstruction within buffer zone to
inland bank.
John O'Reilly (JO), J.M. O'Reilly & Associates, present along with applicant Michael Haidas, who wishes to
remove an existing deck and portion of an existing patio, and construct a new deck and spa slightly further from
the pond. The project will result in a 4 square feet reduction in impervious coverage. The deck will use some of
the existing footings as well as diamond piers. The Commissioners have no issues, as all work is outside the 50
foot buffer. Bill Grafton (BG) likewise has no issues and recommends approval.
Bruce Evans (BE) moves to close the public hearing and issue Order of Conditions with Special Conditions
typical for ancillary structures constructed beyond the 50 -foot setback. Ron Slowek (RS) second. Approved 4-0-
0.
Commissioner Casey Chatelain rejoins the meeting.
Commissioner Ron Slowek recuses from the discussion and vote.
8c. 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.
Paul Shea (PS) of Independent Environmental Consultants, representing applicant, notes that project engineer Asa
Mintz (AM) has revised the site plan to denote removal of the shed, proposed berm, and all plantings from the 50
foot buffer. The berm has been relocated to the 50 ft buffer line, and sweet pepperbush and azaleas will be
planted on top to demarcate the line in the field. They are also proposing to plant high bush blueberry and sweet
pepperbush in the footprint of an existing pathway, between wetland flags A8 and A9, and construct a small stone
wall about 80 feet from the wetland. No permanent irrigation structures are proposed. A planting list with
common and scientific names has been added to the site plan.
Kim Pearson (KP) suggests that applicant consult with a horticulturalist, as some of the proposed species could
potentially outgrow the others. Michael Tobin (MT) appreciates PS's responsiveness to the Commission's
feedback. MT is okay with the pepperbush and azaleas acting as the "markers" of the 50 feet buffer line as long
as they are easy to identify. Casey Chatelain (CC) adds that the site plan states the berm will act as the "marker"
of the buffer line, so it is in the record. The matter is continued to allow for the drafting of the special conditions
of approval.
Bruce Evans (BE) moves to close the public hearing and continue to April 25, 2023 to allow the Conservation
Administrator time to prepare the Special Conditions for the Commission's review. CC second. Approved 4-0-0.
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Commissioner Ron Slowek rejoins the meeting.
8d. 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 to May 9 2023 as per the applicant's request. Kim Pearson (KP)
second. Approved 5-0-0.
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.
David Schlessinger (DS) present for property owner Stephan Brown (SB). Bill Grafton (BG) indicates he will
review the wetland flags in the field and provide feedback to applicant's wetland scientist Brad Holmes (BH),
ECR, and Matt Creighton (MC), BSC Group.
DS notes that SB is interested in harvesting some of the native species identified as possible mitigation for the
proposed herb shop. Kim Pearson (KP) notes any such harvesting would have to be sustainably done. Casey
Chatelain (CC) wants any plants to be harvested to be located outside the 0 to 50 ft buffer so there is no foot
traffic inside the 50. DS would also like to devise an Operations and Maintenance plan as soon as possible so
they know what can and can't be done on the property.
Bruce Evans (BE) moves to continue the enforcement order discussion for Brown at 2628 Main Stret to the April
25, 2023 Commission Public Meeting to allow time for the Conservation Administrator to review the delineated
resource areas and provide feedback to 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.
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.
Town Treasurer Lisa Vitale advised Bill Grafton (BG) that a $12,370 bank check for mitigation plantings and
reporting was deposited on March 29, 2023 and will clear on April 12, 2023. BG will advise Town Counsel once
the check has cleared, and reach out to the new property owners regarding the plantings.
Bruce Evans (BE) moves to continue the show cause hearing for Karam at 330 Main Street to the April 25, 2023
Commission Public Meeting. Kim Pearson (KP) second. Approved 5-0-0.
12. Request for Minor Change to Plan
12a. 33 Ocean Edge Drive 90-160-E1326 (14-1-33) SE9-1945. Suzanne Early. Add decking to fill in open
deck area adjacent to house and size reduction to the approved deck
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John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant. An Order of Conditions was previously
issued for a deck reconstruction project; applicant now wishes to add decking to an area near the house and
remove it in other areas so the impervious coverage remains the same. Bill Grafton (BG) confirms there is no
increase in coverage and recommends approval.
Bruce Evans (BE) moves to approve the minor change to plan for Suzanne Early, at 33 Oceans Edge Drive, for
the modification of an approved deck under SE9-1945 and site plan revised March 13, 2023 prepared by J.M.
O'Reilly & Associates, Inc. signed and stamped by John O'Reilly PLS & RPE, depicting the limit of work. Casey
Chatelain (CC) second. Approved 5-0-0.
12b. 78 Old Red Top Road 12-72 (38-116) SE9-1546. Susan Kaukas. Add enclosure to porch, removal of
several large trees/replacement trees & mitigation plantings relocation.
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant, who wishes to relocate the planting area
from over the septic system to locations denoted in the revised site plan; the same number of plantings is
proposed. They also wish to cut several trees and will plant an Eastern Red Cedar for every tree removed. Bill
Grafton (BG) has no issue with the activity as proposed.
Bruce Evans (BE) moves to approve the minor change to plan as depicted on the site plan revised April 3, 2023
prepared by J.M. O'Reilly & Associates, Inc., signed and stamped by John O'Reilly PLS & RPE, depicting
the limit of work and changes. Kim Pearson (KP) second. Approved 5-0-0.
13. Reauest for Administrative Review
13a. 145 Chapman Lane, 91-44 (8-1) Charles Frazier proposes vegetative management in coastal dune and
riverfront.
Bill Grafton (BG) and Andreana Sideris (AS) visited the site and observed that the proposed vegetative
management includes the removal of tree trunks in addition to branches. BG notes the removal of the trunks in
coastal dune and riverfront area require the filing of at least a Request for Determination of Applicability, but
suggests that a Notice of Intent would be more appropriate given the potential alteration of the resource area and
buffer zone. There was coastal stream alteration activity adjacent to the property previously that came before the
Commission under enforcement. BG also notes that just one copy of the application was provided, and the filing
fee was not paid.
After a review of photos of the tree trunks and branches proposed to be removed, Michael Tobin (MT) suggests
that a Notice of Intent should be required; the Commissioners concur. BG will notify property owner, who
resides out of state.
Bruce Evans (BE) moves to deny the Administrative Review for Charles Frazier, at 145 Chapman Lane, and
require the submittal of a Notice of Intent. Casey Chatelain (CC) second. Approved 5-0-0.
15. Report of Natural Resources Director
Chris Miller (CM) notes he is starting to see some activity in the Herring runs with the Spring weather. This is a
busy time of year for yard maintenance, and the Commissioners should advise DNR staff if they see any activity
that may require a permit.
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Kim Pearson (KP) asks for an update on the recent Red Flag brush fire status. CM notes that the recent dry and
windy weather presents a fire hazard; there has been some fire management activity in the Punkhorn to try to
mitigate the potential risk.
16. Report of the Conservation Administrator
Nothing new to report.
19. Adjourn
Bruce Evans (BE) moves to adjourn. Casey Chatelain (CC) second. Approved 5-0-0.
Meeting adjourned at 7:00 PM.
Respectfully Submitted.,
Cassandra West; Senior Department Assistant
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Conservation Commission Meeting Minutes —April 112023