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HomeMy Public PortalAboutConservation Commission -- 2023-05-09 Minutes,F �I a �' ow O 1=ok 9F . Or -y Conservation Commission Michael Tobin Chair Casey Chatelain Vice Chair 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 May 9, 2023 6:00 PM APPROVED 11/28/2023 Vote: 7-0-0 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) 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement 5. Public Comment/ Citizens' Forum 6. Discussion 6a. Ratification of Conservation Administrator Responsibility Delegation under Ch. 272 Stormwater Management Bylaw Bill Grafton (BG) reviewed the Commission discussion on April 25, 2023 regarding delegating enforcement and administration responsibilities under Ch. 272 Stormwater Management Bylaw when the Commission is the Authorizing Authority. The Commissioners signed the delegation form approving enforcement and administration responsibility of the Chapter 272 Stormwater Management Bylaw to the Conservation Administrator in keeping with the discussion at the April 25 meeting. 6b. Minor Change to Plan criteria and protocols All present discuss revisions to Minor Change to Plan (MCP) to address issues observed by Bill Grafton (BG) and Chris Miller (CM). BG notes that unlike other filings, MCP hearings do not require abutter notification or public comment, and the permits do not have to be recorded at the Registry. This makes tracking the changes and homeowner compliance difficult. BG notes that six minor changes to an Order of Conditions issued in 2018 appear to have been approved for a property on The Tides Court. This is makes it difficult to determine if the project is the same as originally approved, if the cumulative changes would require mitigation and disrupts the plan control process. Recently, representatives for a Homeowners Association inquired about a change at an adjacent Homeowners Association property from a bike rack to shed/kayak rack that had been approved as a MCP without their being given notification or a chance to comment. BG suggests that a Request for Amended Order of Conditions may be a more appropriate permitting vehicle for some of the more extensive change requests CM hand he ave been seeing. Bruce Evans (BE) agrees he has seen some MCP requests for changes he didn't think were minor. BE believes that there should be a trigger for minor activities. Michael Tobin (MT) agrees with BG and suggests that a checklist with specific criteria may be helpful. Steve McKenna (SM) notes that in the past, minor changes were approved or referred for formal permitting at the discretion of the Conservation Administrator - "if it requires a bigger discussion, it's probably not a minor modification." BG would Page 1 of 5 Conservation Commission Meeting Minutes — May 9, 2023 like to establish a working group of Commissioners to better define MCP criteria and procedures, which could then be presented to the full Commission for approval. 7. Request for Determination of Applicability 7a. 0 Standish Way, 69-17 &69-19 (5-3 & 5-4) RDA #23-04. Pilgrim Pines Association requests determination as to whether the area and work depicted on the plan — path maintenance and seasonal installation of Mobi mats — are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Dianne Carlson (DC) and John Leaning (JL) present for the Pilgrim Pines Association. DC states the Association has been clearing wind-blown sand, using shovels, from their pathway to the beach based on a verbal authorization from previous Conservation Administrator Aguilar. This year, a significant amount of sand has drifted onto the pathway, and they would like to use a dingo or equivalent to push the sand back onto the beach. Once this is done, they would like to install Mobi mats to assist with navigation during the summer season; the mats would only cover sand and not vegetation. Bill Grafton (BG) suggests a special condition requiring that the mats be removed by a certain date. KP notes that the pathway is 8 feet wide according to the site plan, and questions whether it should be narrower. JL indicates the path was originally blazed that wide to accommodate vehicles and trailers, but it is now pedestrian -only; DC adds they are not seeking to widen the path. Ron Slowek (RS) has visited the site and notes the path width varies at different points. Chris Miller (CM) thinks the path needs to be wider in some of the gully areas to prevent it from filling in. BG notes there is significant dune accretion in the area, and agrees that a dingo or equivalent will be needed to clear the path. BG suggests the Association consider installing snow fencing to define the path and encourage accretion on the dune. Plantings could also help prevent drifting, and BG recommends a special condition giving the Association this option without the need for annual monitoring. Chris Miller (CM) suggests that snow fencing also be placed at the mouth of the trail on the ocean side to trap the sand on the beach. Steve McKenna (SM) notes this technique is very effective on other area beaches; DC and JL concur, and JL asks CM to visit the site to advise on placement of the fencing. Bruce Evans (BE) moves to approve the project at 0 Standish Way with a Positive 5 Determination for the Bylaw, a Negative 5 Determination for conformance with 310 CMR 10.28(5)(a thru c) and Negative 2 Determination with Special Conditions approving hand powered tools such as a dingo or equivalent with no fueling in the coastal dune or buffer zone to coastal dune, the option to install snow fence along the boundaries of the footpath and the option to plant native coastal plants with guidance from the Conservation Administrator. Gary Kaser second. Approved 6-0-0. 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. Page 2 of 5 Conservation Commission Meeting Minutes — May 9, 2023 Applicant's representative has requested a continuation to the June 13, 2023 BCC public meeting to address issues raised by Bill Grafton (BG) at a site visit to review the delineation. Steve McKenna (SM) moves to continue the hearing to the June 13, 2023 Commission Public Meeting as per the applicant's request to respond to the request for additional information. Bruce Evans second. Approved 6-0-0. Commissioner Gary Kaser recuses from the discussion and vote. 8b. 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). Applicant has requested a continuation to the May 23, 2023 BCC public meeting. Kim Pearson moves to continue the hearing for 56 Underpass Road, SE9-1940, to the May 23, 2023 Commission Public Meeting as per the applicant's request. Bruce Evans second. Approved 5-0-0. Commissioner Gary Kaser returns to the meeting. 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. Bill Grafton (BG) has been in touch with Catherine Ricks (CR) of Coastal Engineering regarding the issues noted at the previous hearing, including the need for evidence that a Tupelo tree was planted as required in Special Condition A33. BG also suggests the "as managed/as planted" plan and monitoring reports provided are insufficient with respect to the planting implementation and survival, which make it difficult to assess planting success, and suggests these should be prepared by a qualified wetland scientist separate and apart from the reports provided by CR for the coastal stabilization piece. CR would like to permit the Tupelo planting, if needed, under a Request for Determination of Applicability but BG recommends that it be permitted under a new Notice of Intent (NOI) or an Enforcement Order (EO) given the tree's location inside the 50 foot buffer. If the Commission opts for a NOI, BG recommends it contain specific timelines for planting and involve (3) three years of annual monitoring, and that the conditions in general be more specific with regards to the requirements for monitoring reports. Michael Tobin (MT) asks if they could extend the Order of Conditions (OOC) and then plant the tree? BG notes that the OOC expiration date, including tolling, was January 23, 2023 so the permit is expired. Steve McKenna (SM) prefers that the tree be permitted through an EO; BG agrees the EO would be a more efficient way for resolution. MT would like to speak directly with applicant and/or their representative to obtain additional information; BG will advise. Kim Pearson moves to continue the hearing for 290 Foster Road, SE9-1790, to the May 23, 2023 Commission Public Meeting. Steve McKenna second. Approved 6-0-0. Page 3 of 5 Conservation Commission Meeting Minutes — May 9, 2023 10. Request for Extension Order of Conditions 10a. 154 The Channel Way, SE9-1822.58-71 (4-27-2). George and Karen Snyder, reconstruction of dwelling and garage. Bill Grafton (BG) notes that the current Order of Conditions (OOC) expires June 17, 2023 with tolling applied. A Minor Change to Plan for several changes was approved in July of 2019. BG also notes the OOC requires mitigation plantings with annual monitoring reports, but no reports have been received. BG will follow up regarding these, and recommends granting a one-year extension. Steve McKenna moves to grant a one-year extension to the order of conditions for SE9-1822 at 154 The Channel Way to June 17, 2024. Bruce Evans second. Approved 6-0-0. 10b. 67 Carver Road, SE9-1736.50-43 (3-20). Susan N. Rice, Trustee, Elizabeth W.J. Rice Cottage Nominee Trust, vista pruning. Bill Grafton (BG) notes that a monitoring report has been received for 2021 but not 2022; he will follow up regarding the three-year reporting requirement, and recommends granting a three-year extension. Steve McKenna moves to grant a three-year extension to the order of conditions for SE9-1736 at 67 Carver Road, to May 9, 2026. Kim Pearson second. Approved 6-0-0. 11. Show Cause Ila. 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. Bill Grafton (BG) has been in touch with Town Counsel (TC) and property owner's attorney Chris Senie (CS), who are awaiting a punchlist. BG is developing in concert with applicant's consultants; they will use this to craft a framework for resolution of the violations on the property and dissolution of the enforcement orders. In the shorter term, TC and CS are working on a stipulation granting 45 day relief from the provisions of the Court order; BG has suggested a 60 day relief window, as this would accommodate four Commission meetings to resolve any issues. CS has advised the property is for sale, but states the team of consultants will remain and will continue to work with the Town. The matter is continued to May 23 as per the discussion at the April 25 meeting. Bruce Evans (BE) moves to continue the enforcement discussion for Brown at 2628 Main Stret to the May 23, 2023 Commission Public Meeting. Gary Kaser (GK) second. Approved 6-0-0. 13. Request for Administrative Review 13a. 42 Konohassett Cartway, #23-07.72-25 (41-11) Diana Carty, removal of one dead tree as well as selective pruning of eight trees. Applicant wishes to remove a dead pine tree at the back corner of the house within the 50-100 foot setback and also pruning of eight other trees in the 0 to 50 buffer to Long Pond. Page 4 of 5 Conservation Commission Meeting Minutes — May 9, 2023 Chris Miller (CM) notes that, although the dead tree removal is typically approvable administratively, the purpose of the pruning is unclear from the paperwork and may simply be to improve the vista, which is typically permitted through a Request for Determination of Applicability or Notice of Intent. Michael Tobin (MT) suggests approving the dead pine tree removal now but requiring a higher-level permit for the pruning. Bruce Evens (BE) moves to approve the administrative review for removal of the hazard tree located in the buffer zone and nothing else. Gary Kaser (GK) second. Approved 6-0-0. 15. Report of Natural Resources Director A former Natural Resources Advisory commissioner has placed bird boxes on Conservation properties and provided the Department with a written statement that he would maintain them. A plan for maintenance is important when such structures are placed in the properties. 16. Report of the Conservation Administrator Work continues on various initiatives, including office protocol modernization and review of standard conditions with respect to coastal engineering structures and annual monitoring report requirements. Presenters from Coastal Zone Management or coastal geologist Greg Berman may be useful in this effort. Kim Pearson, who also sits on the Natural Resources Advisory Commission, notes they frequently have public meetings featuring such speakers, which the Commissioners could attend. 19. Adjourn Kim Pearson moves to adjourn. Gary Kaser second. Approved 6-0-0. Meeting ad}nurned at 6:53 PM. Respectfully Sutanitted, Cassandra: llh-af, Senior Denartn.,.....��..,...u. Page 5 of 5 Conservation Commission Meeting Minutes — May 9, 2023