Loading...
HomeMy Public PortalAboutConservation Commission -- 2023-11-28 Minutes- APPROVED 12/12/2023 "( ELDER@ •�� +, Town of Brewster Conservation Commission vote: s -o -o OR MEETING MINUTES oT 2198 Main Street — 0 November 28, 2023 6:00 PM The meeting may be viewed by: Live broadcast (Brewster Government N Channel 18), Livestream flivestream.hrewster-mamov). or Video recordina ftv.brewster-ma.aov). CONSERVATION Commissioners Present: Chair Michael Tobin (MT), Vice -Chair Casey Chatelain (CC), Bruce Evans (BE), COMMISSION Kimberly Crocker Pearson (KCP), Ron Slowek (RS), Gary Kaser (GK), Steve McKenna (SM), Commissioners Absent: Michael Tobin Staff Present: Bill Grafton (BG), Cassandra West (CW) Chair 1. Call to Order: 6:01 PM Casey Chatelain 2. Meeting Declaration of Participation Statement Vice Chair 3. Meeting Participation Statement 4. Recording Statement: As required by the Open Meeting Law we are informing you that the Town COMMISSIONERS will be video and audio taping as well as broadcasting this public meeting. In addition, if anyone else Bruce Evans intends to either video or audio tape this meeting they are required to inform the chair. Gary Kaser 5, Public Announcements and Comment: Members of the public may address the Conservation Kimberley Crocker Commission on matters not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's Pearson discretion. The Conservation Commission will not reply to statements made or answer questions Ron Slowek raised during public comment but may add items presented to a future agenda. Steve McKenna STAFF 6. Discussion Chris Miller, Natural Resources 6a. 17 Hamilton Cartway, 93-5. SE9-1246. Discuss approved versus planted plantings and Director provide Commission guidance — Commission Bill Grafton, Bill Grafton (BG) notes that two representatives are here: John Casale (JC), previous owner, who sold Conservation the property to Joe Rotti (JR), in April 2023. JC had an old Order of Conditions (OOC) that had no Administrator Certificate of Compliance (COC). JC describes his actions since April to prepare to come before the Cassandra West, Commission. He states that, other than the three growing seasons, he believes he has satisfied the Senior Department Special Conditions. Assistant BG describes JC's interactions since April, citing Special Conditions like mitigation plantings. BG notes that the drywells activity is done. BG states that JC replanted plants which had previously died; BG cites a new As -Built As -Planted (ABAP) dated November 2, 2023 prepared by Clark Engineering LLC signed and stamped by David Clark, RPE which was provided by JC. BG describes the difference between the approved planting and the ABAP, citing JC's changes, which used the Cape Cod Cooperative Extension, a Commission approved plant list. BG: "In fact, if this gets approved then it can be used as a signature model for others. BG has no problems with qualitative or quantitative changes. BG notes the arrangement between JC and JR and states that the Commission's determination will affect their escrow agreement. He states the key thing is the three successive growing seasons for the mitigation plants as per the Special Conditions with no monitoring reports required. BG notes the Commission has discretionary authority. BG suggests that the Commission could say the permit can be closed off in Fall 2024, given that the plantings survive. BG understands that JR has considered additional plantings but for the property owner it is costly to prepare an engineered plan and to possibly do additional plants. BG would like clarification from the 1 of 10 Conservation Commission Meeting Minutes —November 28, 2023 Commission on whether an RDA or an NOI would be the appropriate conservation permit application. The Commission could approve an NOT without a surveyed plan then the answer is yes. Mike Tobin (MT) opens up to questions from the Commission. He clarifies that the Commission is looking for a Request for Certificate of Compliance in the future. Kim Pearson (KP) moves to vote to ratify the revised mitigation plantings as depicted on the revised As -Built As Planted dated November 2, 2023 prepared by Clark Engineering, LLC, signed and stamped by David Clark, RPE with the requirement for (3) three successive growing seasons to be in effect until the Fall 2024 growing season. Gary Kaser (GK) second. Approved 7-0-0. BG asks on behalf of JR, if he comes forward with additional plantings in the future, what type of permit would it be? MT confirms if the application would only be to put additional plantings in the ground then an RDA should be sufficient. The Commission generally agrees. JC confirms that main thing he came here for ratification that all special requirements except for the three growing seasons have been met. The Commission generally affirms, checks with BG. BG discusses details of project within the 100 -ft buffer. BG doesn't see anything problematic, but notes that the Commission can't predict the future. MT states, as of right now, yes all conditions save the three growing seasons have been met. JR, current owner, clarifies that he has a holdback with JC, who would get 80% of the funds if the only thing holding back the COC is the three planting seasons, and the amount of money held back would cover the plantings. JR wants to make sure that nothing comes up later, that an additional site visit wouldn't uncover some new requirement to close out the COC. The Commission undertakes a discussion about plant survival rates. JR states he's at peace with replantings as an ongoing option. He cites a final inspection with building department, in which something came up that wasn't requested previously. JR asks if there's a way to document the Commission. BG clarifies that the remaining unsatisfied special condition is three successive growing seasons, and that he didn't see anything else at the site visit. JC states that in April of 2024, he will be on site and if he sees anything that didn't make it, he'll replant. MT clarifies that the Commission wants a majority of plantings to survive. He assures JR that he'll be fine. 6b. 2024 Meeting Dates and Deadlines for Review and Ratification — Cassandra West BG introduces Cassandra West (CW) who has been leading this effort. CW describes four relevant pieces of information, starting with: The meeting dates follow the Conservation Commission general pattern of meeting on the second and fourth Tuesday of every month at 6 PM at Town Hall. CW notes a column added to the document for the 2024 that was not present in 2023. She then notes the final date, which needs to be determined by the Commission, and two minor edits to be made. CW details the Additional Materials deadline in column five. She cites a typical protocol in the Conservation Department to request additional materials be submitted by 12 noon the Tuesday before the Public Meeting, but since this hasn't been documented and ratified, it can be difficult to enforce. The Department receives additional materials at the eleventh hour, making it difficult to turn things around in time for the Commission to review and make decision. CW states that the intent for 2024 is to ratify the deadline so that the department can be more systematic. CW notes two edits submitted by BG in the afternoon. She cites the June 25th, 2024 Meeting, and references the edit in column five to read June 18t';instead of June 171. She cites the addition of a note in the Location column header which will note that all Conservation Commission meetings are hybrid, per the select board. CW then poses to the Commission to select the date for the final Meeting in December. She lists the three options, December ITh, December 19th or December 261 at 6 PM. She states that, per her submittal letter, she believes the December 191 date to be optimal from the perspective of the Conservation Department. BG notes that all those meetings are within 21 days of the first January 2025 meeting. The Commission references their calendars, Kim Pearson (KP) double-checking whether it conflicts with any potential Natural Resources Advisory Commission Meetings. 2of10 Conservation Commission Meeting Minutes — November 28, 2023 KP states she will not be coming in on Boxing Day. Mike Tobin (MT) notes that the 2023 meeting is after Christmas, and that he will not be available. The Commission agrees on Thursday, December 19'. CW states that the submittal dates will follow the conventions. The Commission gives CW discretion to select the submittal dates without coming back to them for approval. Bruce Evans (BE) moves to approve the 2024 Brewster Conservation Commission Meeting Schedule detailing meeting dates and deadlines as edited, which means that the last meeting will be on December 19, 2024. KP Second. Approved 7- 0-0. Steve McKenna (SM) suggests with the submission dates, recommends to give empowerment to Conservation Administrator to make judgment calls in extenuating circumstances. 6c. Minor Change to Plans — Bill Grafton Bill Grafton (BG) discusses in detail the difficulty of unmitigated Minor Change to Pians (MCTP). He cites projects that, after multiple MCTPs, no longer looks like the same project. BG suggests limiting the number of MCTP to two per permit. He cites `laundry lists' on MCTP, and believes that the activities proposed on MCT? shall be a minor activity individually or cumulatively. When getting to that point of multiple changes to an Order of Conditions, BG believes they've got to submit a Request for Amended Order of Conditions — they are a little more cumbersome for the applicant, makes them think it through, and they have to post in the paper. BG cites Homeowners Associations getting upset about MCTP, cites that there is no appeal process for a MCTP. Kim Pearson (KP) asks if there's any regional standard on the number requirement? BG states there is none, and that other Towns don't have Minor Change to Plans. BG cites seeing five to ten bullets on one MCTP. Ron Slowek (RS) discusses having difficulty with different Amended Order of Conditions (AOOC). And somewhere between what has been approved and what's been done in the field differ, it's difficult to track the steps. RS is for setting limits. Casey Chatelain (CC) believes it is reasonable. Bruce Evans (BE) moves to approve a limitation on the number of Minor Change to Plan per Order of Conditions inclusive of any subsequent Amended Order of Conditions or Extended Order of Conditions not to exceed (2) two Minor Change to Plan approvals. Gary Kaser (GK) Second. Approved 7-0-0. 6d. Commissioner Slowek MACC Fundamental Training Completion — Bill Grafton The Commission applauds Commissioner Slowek's accomplishment. BG Notes that Chris Miller is on his way and KP is on her way. 6e. Draft April 11, 2023 Meeting Minutes for Review & Ratification by Commissioners. Bill Grafton (BG) notes that he made clerical edits and suggests approving all submitted Meeting Minutes as edited. Bruce Evans (BE) moves to approve the meeting minutes of April 11, 2023 as edited. Gary Kaser (GK) Second. Approved 7-0-0. 6f. Draft April 25, 2023 Meeting Minutes for Review & Ratification by Commissioners. Bruce Evans (BE) moves to approve the meeting minutes of April 25, 2023 as edited. Kim Pearson (KP) Second. Approved 7-0-0. 3of10 Conservation Commission Meeting Minutes — November 28, 2023 6g. Draft May 9, 2023 Meeting Minutes for Review & Ratification by Commissioners. Bruce Evans (BE) moves to approve the meeting minutes of May 9, 2023 as edited. Gary Kaser (GK) Second. Approved 7-0-0. 8. Notices of Intent _ — 8a. 104 Canoe Pond Drive, SE9-1952.24-60 (36-230). Continued public hearing. Hongying Xie Revocable Trust - 2012. Continuation Requested. Bill Grafton (BG) states that the application is continuing. Casey Chatelain (CC) notes that the applicant has been continuing close to six months since the application was received on June 23, 2023. CC asks, at what point are we prepared to say you need to come forward with something? CC believes it must be difficult for Abutters to track. Bruce Evans (BE) notes that December 12, 2023 was selected as the continuation date a long time ago. BG cites his belief in ratification until it's over. He states that for this specific application, he is the bottleneck. To CC's point, BG does support, overall, a limit on continuations, and suggests the Commission consider it. BG brings up denial without prejudice: three counts you're out. In previous Towns for which BG worked, in which denial without prejudice was implemented, everybody showed up or they withdrew. Mike Tobin (MT) asks if withdraw, do you have to pay again? Is there a way to withdraw without repaying fees, or else just to cover the resubmittal? BG says the engineering fees add up. Chris Miller (CM) asks if the Commission could ask them to readvertise, not refile? Steve McKenna (SM) suggests a timeline of two months. MT replies with three months. BG adds that applicants should renotify abutters. CM suggests that the Conservation Department should write up a proposal and present to Commission next time. BG agrees. He states that Continuations should be purposeful, not separative. MT brings up having wiggle room in special circumstances. Ron Slowek (RS) agrees with CC and MT on special circumstances. For example, if someone is hospitalized. SM adds at the Commission's Discretion. CC confirms that the whole point was about keeping abutters notified. Kim Pearson (KP) moves to continue to the December 12, 2023 Commission Public Meeting to allow the applicant's consultant additional time to address the Commission's request for additional information. Gary Kaser (GK) Second. Approved 7-0-0. 8b. 83 Dune Road, 79-35. Whitcher. Continued Public Hearing. SE9-1960. BG notes that Crawford Land Management Staff Lauren Taylor invited Commission to perform a site visit, and reads the times offered. Commission discusses available dates and times offered by applicant. Commission decides on December 7.2023 at 9:30 AM. Kim Pearson (KP) moves to continue to the December 12, 2023 Commission Public Meeting the hearing for 83 Dune Road. Casey Chatelain (CC) Second. Approved 7-0-0. 8c. 168 Highland Moors Drive, 115-38. Masi. New Public Hearing. Angelo and Pamela Masi propose the replacement of an existing deck and rinse station, construction of an addition and covered porch, installation of a subsurface drainage system, replacement of an existing septic system with a new Title V septic system and plantings within the buffer zone to coastal bank and bordering vegetated wetland. SE9-1961. 4of10 Conservation Commission Meeting Minutes — November 28, 2023 Diana Zaglio (I)Z), Architectural Designer for for Mcphee Associates of Cape Cod on behalf of owners Angelo and Pamela Masi, and Mike Pimentel, Civil Engineer, with J. C. Engineering who is home sick with COVID-19. DZ notes that the project did just receive MassDEP Wetland Protection Act Notification Number today. DZ describes the project intention is to add a small addition to the house that would allow for usage as a first floor primary bedroom. Additionally, to add some dormers, rebuild the existing deck, and move existing rinse station from on the deck to around the corner of the house. DZ describes plan to put addition off the side of the house opposite the water and as far away from possible from the wetlands. Couldn't move it completely outside buffer, because the location of the house is within the buffer. DZ acknowledges a number of issues that had been brought up. BG clarifies that he had found an old enforcement order earlier in the day, and gave the applicant's representative an additional information request today. DZ spoke to MP, and what it really comes down to is that all of the issues occurred prior to the Masi's ownership of the property. Cites listing photos found that show the activities which were in violation. DZ doesn't feel that the Masis are responsible for the actions of previous owners. Masis want to know what options there are for addressing some of the issues without being responsible for what was done prior to their ownership. Mike Tobin (MT) asks about footprint change in the back of the house? DZ references the proposed site plan. She describes the slight change of footprint on deck and the reasoning. She reiterates the outdoor shower moving from the deck to side of house. Addition moving around to front of house. BG talked to MP about 3 weeks ago and told him we have to know where the salt marsh delineation is located as the 100 foot buffer to salt marsh is important to the project and other projects. A lot of permitting going on. BG reviewed SE9- 765, which had the deck depicted on the site plans. BG is reminding the Commission that the deck did get permitted. MT clarifies that he wanted to confirm that they were expanding the deck. BG affirms it is, slightly, and MP will adjust as appropriate.. Kim Pearson (KP) quotes a 122 square foot increase in the 0-50 ... that's not nothing. BG agrees and says MP made the 590 as a Minor Stormwater Management Permit Application, which is under Ch. 272 Bylaw. BG notes the aerials, and references an area got the attention of Chris Miller (CM) and BG. BG found out there was a second permit/SE9-160 that included an Enforcement Order issued on September of 1994 due to a lot of cutting on a steep bank which is populated by highbush blueberry, winterberry, shrubs and trees which were heavily cut over the years. The predecessors to the Masis were approved for a COC with Ongoing Conditions on the two old OOCs which detailed the need for an Order of Conditions to perform any vegetative management. Despite this, the new Order of Conditions was never acquired, and the predecessors cut anyway. BG clarifies that any activity that happened before, it carries with the property. It's buyer beware. BG will spend hours with a buyer to perform due diligence to make sure they know the history including any pitfalls or opportunities. In short: SE9-160 is closed and the enforcement order is dissolved through a Certificate of Compliance with Ongoing Conditions requiring an Order of Conditions to perform any vegetative management. SE9-765 is also closed out with a Certificate of Compliance with Ongoing Conditions requiring an Order of Conditions to perform any vegetative management three years after the issuance of the Certificate of Compliance. Nevertheless, unpermitted cutting took place at the site for an extended period of time. BG points out that the wetland shown is considered a BVW, but the same company had that wetland as salt marsh on a different site plan. This is important because the 100 -ft setback to salt marsh under 310 CMR 10.32 is restrictive. BG lists the deck, a stone wall and cutting both on and off property and states, be that the Masi's activity or not, they now own it. BG also notes that in a labeled mitigation area, which is supposed to have plantings, there are ornamental grasses and sand. Unfortunately, this requires a remedy. In the current proposal, mitigation plantings have been proposed outside of the viewscape but these plants would be more beneficial to the bank and the salt marsh if they are were located in the cut areas of the bank. There should no cutting without an Order of Conditions especially no cutting offsite without permission from the offsite owner and an Order of Conditions. BG references the current site plan and locations of mitigation plantings within the 0 to 50. BG states that, Overall the project in and of itself is not large but there is evidence that the predecessors performed unpermitted work/activity that needs to be addressed. BG cites a question on the area of driveway, where there seems to be an increase based on a review of the prior approved site plans and the current site plan. The driveway.could be additional impermeable surfacing, if you compare the plans under SE9-160, SE9-765 and SE9-1961. BG details the plans to reference. 5of10 Conservation Commission Meeting Minutes — November 28, 2023 Kim Pearson (KP) has a problem with the mitigation. Historically the Commission has asked for a 2 to 1 with planting with regard to the net increase in the 0-50. Here they've got barely 1 -to -1 with 155 sq -ft of planting to mitigate 122 sq -ft of increase. That needs to increase. If we are to be consistent through time, they need almost twice as much planting as they're putting in there. Secondly, there is no mitigation in the 50-100. Historically, the Commission has done about 1 - to -1 in that range. There is a 469 sq -ft net increase in the 50-100 which should be mitigated in this area with 1 -to -1 plantings. KP states that a new planting plan is needed. MT adds that the Applicant will probably some sort of plan to clean up the unpermitted work/activity. Everyone agrees that the revelations of the past unpermitted work activity and Ongoing conditions regarding unpermitted vegetative management is new and needs to be addressed as well. DZ replies in regards to mitigations, states that the Masis are very open to hearing what it might be. DZ assured owners Commission will advise on plantings. BG brings up Conservation Markers which could help prevent unpermitted work/activities downgradient of the coastal bank. If the coastal bank plants are allowed to grow, then they'll thrive. The Masis will lose some views. They will need permission offsite anyways, and separate vegetative management Conservation permitting. BG notes the good news are no liens on the property because they got COCs that closed out the SE9-160 and SE9-765. Mike Tobin (MT) asks about the slate wall, which BG confirms was approved under prior Order of Conditions which included pictures of the slate wall at the time. MT is trying to figure out what is an unapproved activity. Hard because haven't been there to see site. Maybe a site visit before the next meeting would be appropriate. Casey Chatelain (CC) thought the project was relatively straightforward before hearing from BG about some of these unpermitted work/activity. CC agrees, with KP about the amount and location of the proposed planting. Commends trying to keep addition as far away as possible. Notes that the change of deck is 7 sq -ft. KP looking at the 2014 VE FEMA Flood Line. The more recent, although not yet approved, lines tend to be more landward. Steve McKenna (SM) clarifies not always. KP asks where it might be in this area? KP notes that, if the VE flood line is closer to the coastal bank, there might be some questions about the flood zone. BG describes the VE and what happens during a storm surge in line with removal of vegetation on the coastal bank undermining the bank. Ron Slowek (RS) cites the late delivery of the plans as why he's all for this one week prior submittal deadline. We have this site plan, but it really didn't give us a lot of detail. RS wants to see architectural plans. BG confirms that we rarely get the (10) ten hard copies of architectural plans. BG clarifies for DZ: the Commission needs two hard copies of 24" X 36" for the file and 8 more for the Commission. RS would like to seethe permitting set, not the pricing set. DZ acknowledges. RS asks about what type of erosion control is being used? DZ does not know and sttes that MP was supposed to be on Zoom. MP does not appear to be there. BG states that the question can't be answered at this time. BG notes that MP had said he would need adequate time; asks DZ if 12/12 is adequate. DZ can't speak to where Mike is at. BG suggests December 26, 2023; DZ agrees. SM asks about a little wood platform on the coastal bank? DZ offers that it's a preexisting wood platform. BG reminds DZ that the Masis own it. BG reminds DZ that he would have been happy to continue this to the December 26, 2023 without the meeting tonight, as it's not beneficial to force things to the Commission that are not ready that could be worked out between DZ, BG and MP. SM moves to continue the public hearing for 168 Highland Moors Drive to December 26, 2023. KP Second. Approved 7-0-0. 9. Request for Certificate of Compliance 9a. 34 Sea Meadow Lane, 37-98. Michael Dennis Properties. SE9-1829. 6of10 Conservation Commission Meeting Minutes — November 28, 2023 Bill Grafton (BG) reminds Commission that this project was on the November 14, 2023 agenda, and BG didn't have time to review so a continuation was approved by the homeowner's consultant. BG hasn't had a chance to talk to homeowner, Michael McDade. BG performed a site visit, and reviewed filing for SE9-1829, which is one of two permits associated with the subject site. The other Order of Conditions is #2003-79, which does have a recorded OOC and is under the Bylaw only. Apparently, SE9-1829 was not recorded. BG searched the Registry of Deeds but did not find evidence of SE9-1829 recording. BG states that the current OOC SE9-1829 has not been recorded, which is a violation under 310 CMR 10.05(4)(G) which requires the Order of Conditions to be recorded before commencing the work. If applicants does not have the original/SE9-1829 Order of Conditions, a True Attest copy can be obtained through the Town Clerk's office. But if he has the original issued Order of Conditions the he can record that as well. BG reviewed the property and the OOC, Special Conditions and approved site plan, which had mitigation plantings with specific plants on the planting plan, and a requirement to keep the tags on all of them, and annual monitoring reports. BG found no annual monitoring reports, and only 50% of the tags on the planted species. BG can't determine if the plants that are out there are the right species without the tags and annual monitoring reports. BG brings the Commission's attention to a large area of vegetation cut out in what appears to be the 50-100, where a tremendous amount of construction material is being stored. BG is not sure if a conservation permit to cut that vegetation and store construction materials was ever approved by the Commission. After citing the problems, BG notes that they can be remedied. Perhaps annual Monitoring were sent to previous Conservation Administrators. BG reviews #2003-79 Order of Conditions under the Town By-law which has been recorded and the associated Enforcement Order. Both need to be closed out through a Certificate of Compliance. BG wants to help owner sort it out, but the Commission needs the monitoring reports, SE9-1829 needs to be recorded and both OOCs need to be closed out after the three successive growing seasons and three monitoring reports.BG adds that SE9-1829 has erosion control that needs to come out. BG believes that this should be continued. Kim Pearson (KP) asks for clarification on what BG suggests? BG affirms that the Commission has two choices: deny or continue. Mike. Tobin indicates a continuation is appropriate. KP moves to continue the Request for Certificate of Compliance for SE9-1829 to Dec 26, 2023 meeting to allow the applicant time to provide more materials. Gary Kaser (GK) second. Approved 7-0-0. BG speaks to Michael McDade about getting in touch and working with him. Steve McKenna (SM) recuses himself. 9b. 222 Slough Road, 11-19. BCT SE9-1767. Bill Grafton (BG) describes the Brewster Conservation Trust (BCT) Property. BG performed a site visit and found erosion control and a black plastic water line within the limit of work. BG called Amy Henderson, BCT Executive Director and informed her that the erosion control and a pipe sticking out of the ground both need to be removed. As such, BG states that the request is continuing. Kim Pearson (KP) moves to continue to the December 12, 2023 Commission public meeting to all the applicant time to remove the erosion control barrier and plastic water line. Gary Kaser (GK) second. Approved 6-0-0. SM returns to the meeting. 10. Request for Extension Order of Conditions Kim Pearson (KP) recuses herself from the meeting. 10a. 257 Crocker Lane, 69-4. Fields. SE9-1763. 7of10 Conservation Commission Meeting Minutes —November 28, 2023 Bill Grafton (BG) spoke with property owners Mark & Jane Fields and consultant Kyle Holt-Cullity of Executive Landscaping on September 15, 2023 to discuss the Conservation permits associated with the site. The applicants provided (4) four annual monitoring reports so far: 2019, 2020, 2021, and 2023 just missing the 2022 report. BG suggests a three- year extension. Bruce Evans (BE) moves to approve a 3 -year Extension Order of Conditions for SE9-1763 associated with Fields at 257 Crocker Lane to November 28, 2026. SM Second. Approved 6-0-0. KP returns to the Meeting. 10b. 91 Carver Road, 50-92. Pfannenstiehl & Bergstrom, Trustees. SE9-1672. Bill Grafton (BG) reminds the Commission about the waiver request on November 14, 2023 that was denied. This Order of Conditions includes required compensatory beach renourishment. BG suggests a three-year Extension, and the next thing is to get the sand on the beach which they already arranged permission to the Town landing but need to refresh that request. Kim Pearson (KP) moves to approve a 3 -year Extension Order of Conditions for SE9-1672 associated with Pfannenstiehl at 91 Carver Road to November 28, 2026. Gary Kaser (GK) Second. Approved 7-0-0. 10c. Mariner's Court, 90-160. Monaghan. SE9-1835. Bill Grafton (BG) reminds that Tom Monaghan (TM) of Corcoran -Jennison submitted SE9-1864 for review by the Commission on November 14, 2023 for an Extension Order of Conditions which was approved. TM wants to also extend SE9-1835 and later Request and Amended Order of Conditions to include the mitigation plantings under one and not both Orders of Conditions that share a site plan with required mitigation plantings. BG suggests the Commission approve a three-year Extension. Kim Pearson (KP) inquires if this is an area where mitigation plants have yet to be planted. This is a second extension on an area that hasn't been planted. BG explains that SE9-1835 is a pond management permit that includes vegetative management based on the site plan. What TM would like to do is to consolidate the mitigation plantings though an Amended Order of Conditions (AOOC) pursuing the plantings under only one Order of Conditions. KP wants to ensure this is the last extension they get to get these plants in the ground. BG discusses possibility of Amended and potential required monitoring reports. Steve McKenna (SM) asks if there is a reason why they haven't done the replanting? KP and BG affirm that they've planted half the pond giving them a giant vista corridor that is half the pond and they need to plant around the entirety of the pond as per the approved site plan. BG and KP discuss the options for getting the plants in the ground and the need for the plants around the entirety of the pond, agreeing on the need to keep the permit alive to achieve permit. KP, SM and BG discusses the options of limiting the extension duration or enforcement. BG discourages against either for this permit at this time. Bruce Evans (BE) moves to approve a 3 -year Extension Order of Conditions for SE9-1835 associated with Mariners Court to November 28, 2026. Gary Kaser (GK) second. Approve 7-0-0. 10d. 0 Saints landing, 50-4. TOB DNR. SE9-1867. Bill Grafton (BG) states the Town project's approved work includes existing paved access way, a new seasonal beach ramp, beach nourishment (optional) and revegetation (optional). BG suggests the Commission approve a 3 -year Extension Town project. Bruce Evans (BE) moves to Vote to approve a 3 -year Extension Order of Conditions associated with SE9-1867 for the Town of Brewster at 0 Saints Landing to November 28, 2026. Kim Pearson (KP) Second. Approved 7-0-0. 10f. Spruce Hill Beach/Main Street, 102-17. TOB DNR. SE9-1669. 8of10 Conservation Commission Meeting Minutes — November 28, 2023 BG details expiration dates and extensions, as well as tolling calculations; the Tolled expiration date is November 9, 2023. BG states the extension request was submitted in advance of the expiration date. The approved work/activity includes (optional) beach and dune nourishment and beach access stair maintenance. There are no monitoring report requirements. BG suggests a 3 -year Extension. BG clarifies that the relevant parties need to provide a copy of the recorded order of the most recent EXT or obtain a True Attest copy through the Town Clerk's office. Bruce Evans (BE) moves to vote to approve a 3 -year Extension Order of Conditions for SE9-1669 associated with the Town of Brewster for Spruce Hill Beach/Main Street to November 28, 2026. Gary Kaser (GK) Second. Approved 7-0-0. 10e. Crosby Landing, 38-10,38-28. TOB DNR. SE9-1670. Bill Grafton (BG) provides background on the issuance, extension and recording information for the permit. Extended on 6/04/2019 to 8/11/2022 and this expiration date benefits from 462 days of tolling associated with the COVID-19 Emergency Declaration. The Tolled expiration date is 11/16/2023 and the Request for Extension Ored of Conditions (EXT) was submitted in advance of the expiration date. No recording evidence was found for the final extension. The approved work/activity include beach and dune nourishment, vista pruning and relocating temporary beach facilties. The Natural Heritage and Endangered Species Program has also provided comments that are required to be followed. No annual monitoring is required. BG suggests a 3 -year Extension Order of Conditions, and he should follow up on the recording of the most recent Extension. Bruce Evans (BE) moves to approve a 3 -year Extension Order of Conditions for SE9-1670 for the Town of Brewster Department of Natural Resources associated with 0 Crosby Lane to November 28, 2026. Kim Pearson (KP) Second. Approved 7-0-0. log. Saints Landing/Robbins Hill Road, 50-4. TOB DNR. SE9-1668. Bill Grafton (BG) request more time to review this permit. Bruce Evans (BE) moves to approve a continuation for Saints Landing/ Robbins Hill Road/SE9-1668 to December 12, 2023. Gary Kaser (GK) Second. Approved 7-0-0. 10h. Breakwater Road. 58-31. TOB DNR. SE9-1667 and 10i. Point of Rocks Road, 79-24. TOB DNR. SE9-1666. Bill Grafton (BG) request more time to review both permits. Mike Tobin (MT) agrees both to be approved for continuation. Steve McKenna (SM) moves to continue Breakwater Road/SE9-1667 and Point of Rocks Road/SE9-1666 to December 12, 2023. Gary Kaser (GK) second. Approved 7-0-0. 10j. Ellis Landing/0 Ellis Landing Road, 91-42 & 91-41. TOB DNR. SE9-1662. BG details the issuance, extension and recording information for the permit. BG states that EXT1 benefits from 462 Days of tolling so the Tolled Expiration date is December 27, 2023. BG states the approved work includes shorefront retreat and protection measures including removing asphalt, removing a failed drainage structure, relocating existing stones, installing articulating concrete blocks mats (ACBM), installing coir envelopes, and beach nourishment. The Special Conditions reference SE9-1497 for 51 Captain Dunbar's stone revetment including compensatory annual beach renourishment mitigation. The Town of Brewster is responsible for covering the ACBM with 24 inches of sand as well as nourishment of any 9of10 Conservation Commission Meeting Minutes —November 28, 2023 scoured areas. Detailed monitoring reports are due annually on May 15u' of each year; BG has not seen any evidence of annual monitoring reports but there may be some in emails for the prior Conservation Administrators. As this project also involves a private property owner, BG suggests a 2 -year Extension Order of Conditions and direction from the Commission for the Conservation Administrator to remind the Town and the Private Property owner/Fasman about the requirements. Bruce Evans (BE) moves to approve a 2 -year Extension Order of Conditions for SE9-1662 for the Town of Brewster and Fasman associated with 0 Ellis Landing and 51 Captain Dunbar to November 28, 2023, Kim Pearson (KP) second. Approved 7-0-0. 10k. 38 Captain Baker Road, 72-19. Lammey. SE9-1712. Cont. to 12/12/23. Bill Grafton (BG) has been in touch with property owners, who have sent an email saying they want to extend. BG encouraged them to sort out their contractor. Bruce Evans (BE) moves to continue hearing for 38 Captain Baker Road SE9-1712 to 12/12/2023. Kim Pearson (KP) second. Approved 7-0-0. 11. Show Cause 11a. 2628 Main Street, 89-14 (15-113-2) & 89-2 (274). Continued - Brown. Unpermitted 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. BG notes that the hearing is continued to 12/12/2023. BG has been in touch with David Schlessinger (DS) and Chris Senie (CS). They have submitted a punch list and revised draft Restoration Plans. They did not, however, provide comments on the Temporary Culvert Management Plan. BG is coordinating Town Comments from Chair Tobin, Town Counsel, Chris Miller and BG. The plan is to complete this in time to submit to DS and CS so that they can incorporate and submit to the Commission by Tuesday, December 5, 2023. Bruce Evans (BE) moves continue the hearing for 2628 Main Street to the December 12, 2023 Commission public meeting. Gary Kaser (GK) second. Approved 7-0-0. 15. Report of the Natural Resources Director 15a. Chris Miller (CM) acknowledgement of the late Peter Wells, a former Conservation Commissioner from 2016 to 2022. 15b. CM wants to make a reminder that Seasonal Hunting is Open. Bow Hunting area in Punkhorn open from the first Saturday in December for 3 weeks. MT clarifies that it's starting this Saturday. 15c. KP asks to mention the third Sea Camps Forum. CM mentions that the Sea Camps forum is posted on the Town webpage, as a virtual forum? It's a great opportunity to see the recommendations of the committees and voice your opinion. CM believes they are planning on bringing something to Town Meeting this Spring. 16. Report of the Conservation Administrator _ 16a. None. 17. Matters Not Reasonably Anticipated by the Conservation Commission Chairman 17a. BG understanding that two Commissioners can't make it to the December 26, 2023 meeting. Discussion of whether the Commission can make a quorum. GK suggests rescheduling it. BG believes it is too short notice. Takes a poll of the Commission. KP, SM: maybe. BE, MT. no. CC, GK, RS: yes. 10 of 10 Conservation Commission Meeting Minutes — November 28, 2023 SM suggests playing it by ear. If no quorum the meeting can't open. CM and BG make mention of the 21 -Day requirement. Discuss changing the date. CW suggests moving the meeting to December 19, 2023, and the implications. CW also suggests the possibility of the 28th. CC agrees with SM to cross that bridge when we get to it. Commission agrees to wait. BG requests that the Commission try their best to keep that agenda. 17b. SM mentions, as a matter of course, that the Commission do the discussions after all the paid people get in and out. CC would have NOIs go first. Good to get discussion out in front end. Discussion of what items should go first. CC suggests that the NOIs go first. Discussion ensues. The Commission agrees leaving it to the Chair's discretion. 18. Questions from the Media _ — — 18a. None 19. Neat Meeting: December 12, 2023 _ 20. Adjournment Cc moves to adjourn at 7:33. KCP Second. Approved 7-0-0. 11 of 10 Conservation Commission Meeting Minutes —November 28, 2023