HomeMy Public PortalAboutConservation Commission -- 2023-09-12 MinutesAPPROVED 12/12/2023
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I o MEETING MINUTES
' 2198 Main Street
September 12, 2023 6:00 PM
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TOWN OF The meeting may be viewed by: Live broadcast (Brewster Government N Channel 18), Livestream
BREWSTER (livestream.brewster-ma.aov). or Video recordina ftv.brewster-ma.00v).
Commissioners Present: Chair Michael Tobin (MT), Vice -Chair Casey Chatelain (CC), Bruce Evans
CONSERVATION
(BE), Kimberly Crocker Pearson (KCP), Ron Slowek (RS), Steve McKenna (SM)
COMMISSION
Commissioners Absent. Gary Kaser (GK)
Staff Present: Bill Grafton (BG), Chris Miller (CM), Cassandra West (CW)
Michael Tobin
Chair
1. Call to Order
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
COMMISSIONERS
Town will be video and audio taping as well as broadcasting this public meeting. In addition, if
Bruce Evans
anyone else intends to either video or audio tape this meeting they are required to inform the
Gary Kaser
chair.
Kimberley Crocker
5. Public Announcements and Comment: Members of the public may address the
Pearson
Conservation Commission on matters not on the meeting's agenda for a maximum of 3-5
Ron Slowek
minutes at the Chair's discretion. The Conservation Commission will not reply to statements
Steve McKenna
made or answer questions raised during public comment but may add items presented to a
STAFF
future agenda.
Chris Miller,
Natural Resources
6_ Discussion
Director
6a. Conservation Permit Forms and Submittal Documents Revisions — Bill Grafton
Bill Grafton,
Conservation
BG informs the Commission that the forms are not yet ready for Commission discussion. MT
Administrator
agrees to continue.
Cassandra West,
6b. 42 Barberry Ln Enforcement Order circa 1998 Dissolution Discussion
Senior Department
Assistant
Bill Grafton (BG) informs Commission of recently identified 1998 Enforcement Order on the
property. BG describtes a 2014 enforcement order which closed out through an After -The -Fact
Order of Conditions that led to an apoproved Certificate of Compliance on Myrick's Pond
1657 Main St.,
through collaboration with the current homeowner, Mark Bownman (MB). MB's predecessor
Brewster, MA 02631
had cleared the vegetation, and MB revegated. MB in front of Commission for an
(508) 896-4546
Administrative Reviewn as well. BG suggests a dissolution letter for the 1998 Enforcement
Order.
Bruce Evans (BE) moves to direct the Conservation Administrator to prepare and issue a
dissolution letter for the 1998 Enforcement Order issued on March 3, 1998, Kim Pearson (KP)
second. Approved 6-0-0.
6e. 87 North Pond Drive, SE9-1934. Rau & Schiffman cutting beyond 53-58 elevation and
seasonal float location. Conservation permitting inquiry. — Bill Grafton
Mike Tobin (MT) asks Bill Grafton (BG) if the Commission needs to open discussion item.
BG suggests continuing due to a loss in the applicant's family.
Page 1 of 14
Conservation Commission Meeting Minutes — September 12, 2023
7. Requests for Determination of Applicability
7a. Vesper Pond Neighborhood (Roads) -Multiple Map/Parcel. New RDA# 23-14. Town of Brewster Road
Betterment Program proposes road improvements to surfacing and stormwater drainage features within the
100 -foot buffer to potential vernal pools, bordering vegetated wetlands and isolated vegetated wetlands.
John O'Reilly (JO) presenting on behalf of Vesper's Pond Neighborhood Group. JO provides history of project
being brought in front of Town as a Betterment Project. Trying to get project out to bid and get the road repaired in
the Vesper's Pond neighborhood. JO describes project areas for discussion: initial section of Vesper's Pond Road,
end of Mayflower Circle, small turnaround at end of Vesper's Pond Road by Lee's Pond. Flagged a number of
wetlands. Brought in Independent Environmental Consultants, Inc. Paul Shea (PS) to review line and extend
flagging. BG reviewed the wetlands flags and provide revisions. JO incorporated these revisions into the revised site
plan. JO clarifies that the project is not looking to expand pavement. Reduction in the amount of asphalt covering, as
well as addition of small swales intended to slow water coming off the road, hopefully catch some first flush and to
address shoulders of road. JO clarifies that this Betterment Project is not subject to Town's Stormwater Management
Program. References Auto -CAD calculations. The work will most likely start in Spring 2024, at the height of
planting season. Once shoulders adjusted and graded, they will be vegetated.
JO notes his appreciation of BG working with him on the RDA.
Kim Pearson (KP) asks what is the approximate time that JO expects vernal pool to be active? JO clarifies that the
ponding area is of concern. BG notes March and April as active times, and identifies location. BG states that the
Natural Heritage and Endangered Species Program (NHESP) will not be commenting on this RDA. JO adds that
they will use straw wattles to control siltation and sedminentation.
Ron Slowek (RS) notes visited the site visit and thought it was marked clearly and well done.
Mike Tobin (MT) requests a motion.
Steve McKenna (SM) moves for a Positive Determination No. 5 for the Bylaw and a Negative No. 3 for
work within the buffer zone including standard special conditions. Kim Pearson (KP) second. Approved
6-0-0.
7b. 72 Turning Mill Road 33-30 (39 6-8). New RDA# 23-15. Larry Chase proposes the construction of additions
to an existing single family dwelling within the 100 -foot buffer to bordering vegetated wetlands and land
under water bodies, (Upper Mill Pond, a great pond).
Dan Ojala (DO) Land Surveyor and Civil Engineer with Down Cape Engineering in Yarmouthport
describes project resource area: Upper Mill Pond which is a great pond, and a Bordering Vegetated
Wetland. DO states that they brought out Paul Shea (PS_ of Independent Environmental Consultants, Inc.
to peforme the wetland delineation. Proposing work limit well outside 50 ft buffer to replace existing
upper deck. DO explains in further detail the limit of work and the actions being taken to constrain
construction activities primarily within existing footprint. DO notes plans to contain roof runoff.
Ron Slowek (RS) visited site and did not see any issues with what is being proposed.
Kim Pearson (KP) visited site and notes a "sometimes deck, sometimes dock", which doesn't appear to
have been permitted at any point, as well as two floating docks stacked on deck/dock. KP asks Bill Grafton
(BG) if a conservation permit was ever found for the stairs. BG affirms that no permit has been found for
the stairs. KP notes that there is a great deal going on at the pond that doesn't appear to have been
permitted, and within 50ft buffer, there is a patio with fire pit that doesn't appear to have been permitted on
this property as well.
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Conservation Commission Meeting Minutes — September 12, 2023
Mike Tobin (MT) notes that the Request For Determination of Applicability (RDA) for the additions seems
straightforward. Commissioners present generally agree. MT asks how to handle the unpermitted
activities? BG suggests approving the RDA and a separate ratification vote so that there is no ambiguity
about the deck/dock and the fire pit. BG notes that the department obtained available Chapter 91 licenses
for the entireTtown: this property was not on the list. BG describes stair materials, irrigation types, and the
fire pit, which could trigger Stormwater Permitting activities. BG recommends to set a timeline for new
After -the -Fact Notice of Intent (NOI) for November 1, 2023 or the unpermitted dock, stairs and firepit. DO
agrees that an ATF NOI is reasonable, but requests more time than November 1, 2023. BG suggests that
the dock is supposed to be seasonal per current regulations. The Commission discusses the timeline for
submitting the ATF NOI and removing the permanent dock, referencing photos from BG's site visit, and
the practicality of the timeline. BG confirms that the existing dock will be consistent with the current
regulations. He suggests removing dock by November 1, 2023 with notification of activity and submittal of
the ATF-NOI by January 1, 2024.
DO agrees to the suggestion, and will bring it to the homeowner. He notes that the new dock will need to
comply with new portable dock regulations. New mooring needs approved by harbor master
KP moves to vote to approve a Positive Determination No. 5 for the Bylaw and a Negative No. 3 for work
within the buffer zone to resource areas including standard special conditions. RS Second. 6-0-0.
KP moves to vote to require the removal of the existing dock by November 1 and the submittal of an After -
the -Fact Notice of Intent for the permanent irrigation system, fire pit and deck/dock by January 1. RS
Second. Approved 6-0-0.
7c. 3057 Main Street 101-45 (8-8). New RDA# 23-16. Town of Brewster Department of Public Works proposes
gun range remediation, demolition and restoration within the 100 -foot buffer zone to an isolated vegetated
wetland.
Giffin Ryder (GR) DPW Director provides history of Town of Brewster (TOB) purchase of Sea Camps,
and knowledge of need to clean up existing gun range in Northeast Quadrant of site. GR is working
separately with River Hawk Environmental Consultant on appropriate filings with MassDEP for
contaminated soil. GR provides orientation of site and gun range location, referencinga recent LEC
Wetlands Map. Identifies two lean-to shooting structures. Identifies wetland about 25 feet away from the
BB Gun range. Provides history of development and potential manmade source for the wetland.
GR confirms that the project is a Remediation project and the Town is not proposing any development.
The Town is propsoing to remove both structures; mitigate soil behind the 22 -calibur building for lead and
arsenic. Initial testing shows that contamination hasn't leached too deep, and removal will be in foot
increments. DPW is not proposing to build the slope back, but remove contaminated soil and vegetate it
with appropriate seed mix. GR notes that, in the future that they may try to create a stormwater area where
the 22 building was, maybe a little vegetated stormwater area before enters the wetland. GR believes it may
help with erosion at the roadway. GR identifies that they will need to remove vines to disconnect power
running to buildings, remove stockade fence and renaturalize the area.
Kim Pearson (KP) asks about the soil levels GR has gotten observed? GR responds that he can share
documentation for specific levels, but that from a laymen's perspective, the levels are lower than what was
anticipated. KP asks how deep the soil testing went? GR confirms that they probed until the limits were
below the threshold- approximately five or six feet so need to remove approximately 2 to 3 feet. KCP asks
about soil composition? KP asks Chris Miller (CM) if there is any need to drop a testing well there; CM
says no. GR notes an existing monitoring well within vicinity.
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Conservation Commission Meeting Minutes — September 12, 2023
KP moves to vote to approve a Positive Determination No. 5 for the Bylaw and a Negative No. 3 for work
within the buffer zone to resource area including standard special conditions. Steve McKenna (SM)
Second. 6-0-0.
S. Notices of Intent
8e. Millstone Road Layout Multiple Map/Parcel. New public hearing. SE9-1958. Town Of Brewster Select Board
proposes road improvements including surfacing and stormwater drainage features and vegetated
management within the 100 -foot buffer zone to an isolated vegetated wetland and potential vernal pool.
Griffin Ryder (GR) DPW Director, Dan Kanata (DK) Wetland Scientist, Steve Rhodes (SR) Project
Manager online. GR gives history of Millstone Road Project, initial proposal, resident feedback, and design
revisions that reduce impact to isolated wetland. GR describes project goals and scope: 2.46 miles from
Route 137 to Route 6A, adding shoulders and sidewalks that connect to sidewalk on 6A. GR notes
Resource Area: Isolated Vegetated Wetland. Identifies presence of a Potential Vernal Pool, which was not
certified by the Natural Heritage and Endangered Species Program (NHESP). DPW had consultant, VHB
made second review and identified facultative species having vernal pool characteristics.
GR clarifies that the proposed design is not proposing to send stormwater to the IVW. Propose to pipe
stormwater outside the wetland and buffer zone, but notes that the wetland is very close to the road. In order
to improve safety on Millstone, the road needs to be widened so they will be implementing reduced
shoulders, and proposing cape cod berms where there are no sidewalks. The project includes 145 square feet
of branch trimming within buffer zone and routine perioidic maintenance. GR identifies a Stormwater
Permit application being submitted to the Planning Board. Going forward with a tree hearing because
Millstone Road is a scenic road. DK confirms that only tree trimming at the wetland, no discharge of any fill
in wetland, and proposing erosion sedimentation controls where practical to prevent discharge or migration
into the wetland.
Mike Tobin (MK) asks if water getting in there now from road? GR doesn't think see evidence of that. In
the future, it will likely be even less.
Bruce Evans (BE) asks if the wetland a vernal pool? BG clarifies that it's a potential vernal pool. GR
restates that it is not mapped as potential or certified. BG states that this project would be eligible for an
exemption under the Bylaw except for cutting back vegetation. Potential Vernal Ppool inside Isolated
Vegetated Wetlands (IVW), which is under Bylaw only. Stormwater permit through planning board. BG
checked permits for this area, and the IVW is the only wetland that would affect this project.
MT asks GR when they are hoping to start? GR discusses project funding and going to Town Meeting in
November to secure more funding. At this point, will need to negotiate temporary easements for
construction and utilities. He is hoping to break ground in Spring, but maybe next Fall.
GR notes that the project did receive MEPA approval.
BG notes that going to have to do constant mowing. Suggests a minor revision to the site plan for posting
Conservation markers. MT asks if BG wants to put this in Order of Conditions. BG notes that there will be
revised plan: sheet 1, 9 and 9A that will include this. BG asks GR if he can turn new plans in by Friday,
September 15, 2023 at 12 noon. GR agrees.
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Conservation Commission Meeting Minutes — September 12, 2023
Steve McKenna (SM) moves to vote to close and issue and Order of Conditions with Standard Special
Conditions including the posting of (5) five conservation markers with a revised plan due by 12 noon Fri
September 15, 2023. Ron Slowek (RS) Second. Approved 6-0-0.
8a. 104 Canoe Pond Drive, SE9-1952.24-60 (36-230). Continued public hearing. Hongying Xie Revocable
Trust -2012 proposes to install a seasonal aluminum dock, as well as After -the -Fact approval of an existing
kayak rack within inland bank, bordering vegetated wetland, land under waterbodies and waterways, and
bordering land subject to flooding and buffer zone to bordering vegetated wetlands.
Mike Tobin (MT) asks Bill Grafton (BG) if the application is a continuance? BG confirms that it is
continuing to September 26, 2023.
Steve McKenna (SM) moves to continue the hearing for 104 Canoe Pond Drive to September 26, 2023.
Casey Chatelain (CC) second. Approved 6-0-0.
8b. 178 Bonnie Doone Cartway 102-13 (8-7). Continued public hearing. SE9-1893 Amended. 178 Bonnie
Doone Cartway LLC requests a determination for after -the -fact and proposed minor deviations including
restoration plantings, changes to hardscape, improved drainage, beach stair details, vegetative management
and date for removal of "the eastern cottage" which is a portion of the mitigation to the approved Order of
Conditions SE9-1893 within the buffer zone to coastal dune and bordering vegetated wetlands.
Bill Grafton (BG) states that the application is continuing to October 10, 2023.
Bruce Evans (BE) moves to continue the hearing for 178 Bonnie Doone Cartway to October 10, 2023. Kim
Pearason (KP) second. Approved 6-0-0.
Sc. 47 Governor Prence Road, 58-14 (4-33). Continued public hearing. SE9-1953. Anthony Saccone & Susan
Dickstein propose deck expansion, new deck construction, new pond access stairways construction & plantings
within the 100 -foot buffer zone to bordering vegetated wetlands, inland bank and land under water bodies
(Cobbs Pond, a great pond).
Paul Mancuso (PM) from BSC Group on behalf of homeowners and Ian Peach (IP) from Wilkinson Ecological
Design. Matt Lautenberg (ML), Doug Dick (DD) and Todd Labarge (TL).
IP addresses Commission concerns from the previous hearing regarding unintentional activities in the buffer
zone, noting that both companies, Labarge and Wilkinson took immediate action to rectify on site. IP shares
revised restoration plan on screen. After hearing feedback from Commission, found a way to increase
square footage of ecological restoration to 15,400 square feet by converting 1037 square feet of buffer zone
while increasing the mitigation plantings from 82 native shrubs to 115 native shrubs to address pirior Order
of Condition requirements as well. IP details the revisions on the restoration plan in further detail, noting
additional shrubs and square footage of lawn conversion. IP details the Land Management Plan, noting the
removal of low volume of foliar treatment, addition of annual monitoring reports to the timeline, and the
inclusion of more visuals, particularly a cross section and the existing conditions and the proposed
conditions to scale. IP further details the differentiation between the existing conditions and the proposed
plantings, stating his belief that it will increase protection from erosion. IP describes the photo of the
proposed view corridor, particularly removing any canopy trees. Copicing through a process to achieve a 10
ft view corridor. IP acknowledges a note on the plan to demarcate the edges of the view corridor on site.
IP turns over to PM from BSC to speak to the access stairs to pond.
PM shares his plan on screen. He describes the changes made on the revised plans since the last meeting.
First, he notes that a table showing existing and proposed impervious surface area had been added since the
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Conservation Commission Meeting Minutes — September 12, 2023
revised plans were submitted. PM details the permeable and impermeable surfaces on the plan, particularly
the entrance walkway, the Two decks added at the back will be permeable, and the permeable proposed stair
walkway. Proposed bulkhead will be moved outside the buffer zone. PM notes the added cross section A -A,
noting the ending point, the reduced stair size, and the supports. He notes the proposed addition of a kayak
storage rack on side of final platform, which should not increase the surface area of the platform. PM notes
the change of the erosion control lines to wrap around the entirety of the property.
Ron Slowek (RS) notes that the site has cleaned up tremendously. He takes issue with the stairway down to
the pond. He mentions that the total width of the steps are not clear on the plans, and that the landing on the
plans seems much bigger than four feet. PM and DD clarify that the stairs, top and bottom landing, are four
feet wide, out to out, and that the midpoint landing is designed to be six feet wide out to out, cantilevered
out. DD refers to the section on the screen for details, noting the intention to follow the grade as close as
possible, and to cantilever the landing at the bottom so that there is no post on the water side of the landing.
Bill Grafton (BG) notes the need for greater specifics, to minimize opportunity for mistakes in the field prior
to issuing and Order of Conditions (OOC).
RS asks about the material on the stairs, and the composition of the treads, or if light will be able to
penetrate. DD notes open risers and treads made of multiple boards so they can be open in between. Notes
that materials would be pressure treated on body of stair, pressure treated posts wrapped with self -adhering
membrane below grade. He confirms that the structure will be pressure treated, and the cap and treads of a
composite material like the decks. RS notes aesthetics are important on Cobb's Pond. DD details aesthetic
and practical considerations in material. RS asks about the necessity of the kayak storage? RS, DD, BG and
Mike Tobin (MT) discuss the aesthetics and impacts on vegetation around the pond with and without kayak
storage.
BG confirms that two hard copies, and one digital of revised plans with architectural dimensions to augment
the A -A cross section must be submitted by 12 noon, Friday, September 15, 2023.
Bruce Evans (BE) moves to close the hearing for 47 Governor Prence Road and issue an Order of
Conditions with Standard Special Conditions with any revisions due by 12 noon, Friday, September 15,
2023. RS second. Approved 6-0-0.
BG notes the great teamwork.
8d. 10 Nancy May Path, 91-14-798 (7-11-1). Continued public hearing. SE9-1550 Amended. Nancy & Mina
Kaddis request a determination for the relocation of a beach access stair with seasonal base, removal of
existing and approved but not constructed hardscape as well as mitigation plantings within coastal beach,
coastal bank, land subject to coastal storm flowage and buffer zone to coastal bank.
Bill Grafton (BG) confirms that the applicant has requested a continuation.
Mike Tobin (MT) asks to when. BG confirms to September 26, 2023.
Kim Pearson (KP) moves to continue the hearing for 10 nancy May Path to September 26, 2023. Casey
Chatelain (CC) second. Approved 6-0-0.
8f. 0 Beach (aka 0 Landing Drive) 82-1(48 79-1). New public hearing. SE9-1957. Beechwood Landing
Property Owners Association, Inc proposes to construct an open wooden shade structure on an existing deck
located within land under water bodies (Long Pond, a great pond).
John O'Reilly (JO) presenting for applicant. JO briefly reminds the Commission of the previous denial for a
Minor Change to Plan in Spring of 2023 to resurface the deck on Beechwood Landing. JO states that the
applicant is looking to main access point for folks at Beechwood Landing. In the 1990s, the Homeowner's
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Conservation Commission Meeting Minutes — September 12, 2023
Association were approved for a deck and seasonal dock, which are both licensed under the
Commonwealth. JO walks through the proposed structure to replace a temporary tent as a shade structure
over the permitted deck. He details the open -sided, roofed structure, of which a major part pitches towards
the pond, directing water down the roof structure to the pond. Currently water falls onto the deck and then
onto the ground. He details the proposed rain gutter, which diverts straight water runoff out over two or
three feet. He references the submitted cover letter, addressing the variances, as well as the need to have to
send to MassDEP to review the existing deck license, to make sure that they are not altering the license of
the existing deck. He notes that the proposal is still waiting for the Natural Heritage and Endangered Species
Program (NHESP) to comment. JO clarifies that the application is not proposing any alteration on the
ground, and that the structure will be built on top of existing decking. The purpose is to give an area for the
homeowners to enjoy the pond while in the shade. JO notes the struggle of dealing with a temporary
structure during a storm, which would be remediated with a more permanent structure. JO believes they can
do it without providing impact to associated resource areas.
Casey Chatelain (CC) notes that the big debate last time was the rain runoff, and thanks JO for addressing it
Ron Slowek (RS) sees no environmental impact on this but notes that the project needs to be conditions. RS
notes the cutting and construction can occur well outside the buffer zone and refers to the rendering, and the
impact on aesthetics, viewshed and types of materials used. RS asks about the the types of materials,
particularly on the roof? JO has not done a structural analysis. He references that when the frame of the
decking was redone, joists were built that would support it, and the column would be tied into that. JO
believes the materials are pressure treated wood and asphalt shingles, but will have to confirm for the next
hearing. RS notes his concern on the size, being 40 feet on a 63 foot deck. RS believes the project is a little
bit too big.
Kim Pearson (KP) notes that under the Wetland Regulations, the Commission is charged with protecting
aesthetics, defined as natural scenery and appearance of the resource area which is visually accessible to the
public. She notes that this is a public facing project, and doesn't think it's in keeping with the aesthetic of
the pond bank. She states that she can't vote for it.
Mike Tobin (MT) asks about the size and color of the current canopy? JO responds that it is approximately
correct, and that it is typically white or beige. JO does not have any photos of the current canopy but did
include pictures of the metal frame. JO will have to ask ownership to provide photos of the canopy. JO
notes the differences in individual preferences on aesthetics.
A discussion of the particulars of aesthetics, including size, color and materials, ensues. The Commission
notes the value of aesthetic preservation versus benefit to the 100 homeowners.
CC asks RS how much smaller he believes it should be, in order to give clear guidance? RS provides
parameters of 30 feet to 32 feet.
BG notes the danger of cumulative creep, and a discussion about preventing it ensues. BG advocates for
adding precautions into the conditions to limit possible creep in the future. RS and JO discuss details of the
possibilities of expansion, based on the proposed construction. BG suggests putting in the safeguard
regardless.
Steve McKenna (SM) notes that the Commission usually requires spacing for light penetration, and that the
project is eliminating that with a shade structure that size. JO notes the position of the structure in relation to
shading the surrounding vegetation. BG and JO discuss the option of flow through decking. JO indicates
the homeowners wouldn't want to tear out the decking they just built. Chris Miller (CM) notes that the
reference photos is of the former structure. The current deck is cantilevered over the water. Even if the
structure wasn't there, the conditions of the shoreline and wave action in that location wouldn't support
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Conservation Commission Meeting Minutes — September 12, 2023
vegetation. He doesn't think that the shading is going to affect the growth of vegetation in this short distance
into the pond. Not sure that the gaps between the decking is the issue there.
JO asks for additional comments, and reminds the Commission that the meeting can't close, due to the need
for NHESP comments.
CC brings guidance on size back to conversation. Asks if 3Oft would be okay? RS affirms. KP declines to
comment.
SM asks JO to request that they build the structure in natural tones? JO says he didn't realize how much the
white popped until now.
SM moves to continue the hearing to September 26th, 2023. KP second. Approved 6-0-0.
8g. 283 Hamilton Cartway 81-1 (47 83-2). New public hearing. SE9-1956. Frank & Laura Kolb propose a
septic replacement and construction of additions to an existing single family dwelling within the 100 -foot buffer
zone to bordering vegetated wetlands and inland bank to (Greenland Pond & Long Pond, great ponds).
John O'Reilly (JO) and Frank Kolb (FK), homeowner present. JO provides homeowner and property
context. The proposal is to add two additions to an A -Frame house within the open grass areas on either side
of the dwelling. Access to and from the additions will be through gravel dirt driveway and around the
dwelling as needed. The house is currently served by a 3 -bed septic from the eighties or nineties, consisting
of a thousand gallon septic tank and a leach pit. JO is proposing to reinstall an upgraded septic for the three
beds in house to address a 300 -foot pond setback for Greenland Pond and Long Pond. The applicant is
seeking BOH review and approval for upgraded septic. JO details the septic proposal. Pressure -dosed
dispersal high up in the soil column. They've positioned Leaching facility parallel with the contours.
They've also positioned the septic system in and around the very well vegetated lot without taking down
any large trees. JO notes that do not need a variance, as all work is proposed beyond 50ft buffer zone.
JO notes that J.M. O'Reilly & Associates, Inc staff did flag a BVW for Greenland Pond to the north and
Long Pond to the south. Paul Shea (PS), Independent Environmental Consultants, Inc. reviewed the wetland
flagging and wrote a letter supporting the locations. JO notes that they did not propose vegetation
mitigation. JO states that the site is one of coolest sites he's seen in a long time, and he doesn't know if we
need to do any additional vegtation.
Kim Pearson (KP) notes the Stormwater is at 495 square feet. Is there any possibility that it will go over that
square footage? JO states that it would, only if additions get larger. KP suggests adding a condition that, if
the As -Built comes out greater than 500, it would trigger a stormwater after the fact. BG affirms that the
calculations for Stormwater and Conservation Coverage are not clear. JO details the components of the
Stormwater and Conservation Coverage calculations, as well as his justification for calculating Stormwater
and Conservation Coverage as he did. He notes that the proposal is adding 531 square feet of improvements.
JO notes the proposal of roof runoff to be controlled by stone trenches or gutters and clarifies that the
project is waiting for Natural Heritage and Endangered Species Program (NHESP) comment, and cannot be
closed until they receive it. He offers to size the drywells or stone trenches to mimic the 500 -year storm
event. JO acknowledges that the proposal was planning to control stormwater through subsurface.
BG notes that during the site visit he did see a fair amount of vegetation dumping around the property. He
states that the applicant should not use conservation jurisdictional boundaries to discard greenwaste. He
suggests moving the green waste to the large area outside jurisdictional boundaries, where the new system is
going. BG confirms that FK doesn't have to clean up the piles unless Commission directs him to do so.
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Conservation Commission Meeting Minutes — September 12, 2023
BG requests JO to convert wetland flags to pink or something brighter than the two blue flags he found, and
to include alphanumerics going forward. JO clarifies that blue flagging was used because someone in field
was color-blind. JO asks if he should reflag? BG states that doing so is not necessary.
Bruce Evans (BE) moves to continue the hearing for 283 Hamilton Cartway to September 26, 2023 to allow
time Natural Heritage and Endangered Species Program (NHESP) to provide comments. KP second.
Approve 6-0-0.
9. Request for Certificate of Compliance
9a. 2342 Main Street SE9-1819 78-121(16-83). Brewster Conservation Trust.
Bill Grafton (BG) states that the request needs to continue to 9/26/2023, to give BG time to adequately
review the files.
Kim Pearson moves to continue the Requests for Certificate of Compliance for 2342 Main Street and 92
Seaman's Lane to September 26, 2023. Ron Slowek (RS) second. Approved 5-0-1. Steve McKenna (SM)
Abstaining.
9b. 92 Seaman's Lane SE9-182512-59 (38-34). Brewster Conservation Trust.
Bill Grafton (BG) states that the request needs to continue to 9/26/2023, to give BG time to adequately
review the files.
Kim Pearson moves to continue the Requests for Certificate of Compliance for 2342 Main Street and 92
Seaman's Lane to September 26, 2023. Ron Slowek (RS) second. Approved 5-0-1. Steve McKenna (SM)
Abstaining.
10. Request for Extension Order of Conditions
10a. 286 Landing Drive, SE9-1869 82-3 (48/1-3). Fogel and Schlegel.
Bill Grafton (BG) suggests a three year extension and directing the Conservation Administrator to send a
reminder letter to submit annual monitoring reports.
Bruce Evans (BE) moves to approve a three-year extension for the Order of Conditions for Landing Drive
under SE9-1896 to September 12, 2026. Kim Pearson (KP) second. Approved 6-0-0.
10b. 351 Point of Rocks Road, SE9-1714 79-23 (6-7). Heintzelman Properties.
Bill Grafton (BG) describes the coastal stabilization activities and expiration of a second, synchronous
project — SE9-1797 — which is expired. BG suggested that the applicant extend this permit, and amend it to
bring in the special conditions and site plan details from SE9-1797 into SE9-1714.
BG recommends a three-year extension and a letter detailing the deficiencies.
Bruce Evans (BE) moves to approve a three-year extension for SE9-1714 to September 12, 2026. Kim
Pearson (KP) second. Approved 6-0-0.
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10c. 0 Lower Road, SE9-1753 49-135 (3-154-2). Brewster Conservation Trust.
Bill Grafton (BG) states that the request is a straightforward three-year extension.
Bruce Evans (BE) moves to approve a three-year extension for SE9-1753. Kim Pearspon (KP) second.
Approved 5-0-1. Steve McKenna (SM) abstaining.
10d. Sears Point Drive, SE9-1804 57-3 (4-1) Sears Point Condominium Association c/o Mercantile Property
Management Corp.
Bill Grafton (BG) describes the property as a coastal project, and details the time spent with Mark Burgess to help out
the Sears Point Condo Association. The Association has three valid Order of Conditions permits for coastal
stabilization. The goal is to Amend SE9-1932 to include SE9-1604, SE9-1604 Amendand, and SE9-1804. The only
way to do that is to keep permit SE9-1804 open/valid through an approved extension. MB is asking for a three-year
extension at the recommendation of BG. BG recommends a three-year extension so that they can come back with the
Request for the Amended Order of Conditions covering SE9-1604, SE9-1604 Amended and SE9-1804 later.
Bruce Evans (BE) moves to approve a three-year extension to the order of conditions for SE9-1804 to September 12,
2026, Kim Pearson (KP) second. Approved 6-0-0.
RS recuses and leaves the room.
11. Show Cause
11a. 2628 Main Street, 89-14 (15-113-2) & 89-2 (27-4). 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.
David Schlessinger (DS) for Great Cape Co-op & Brown Realty Trust. DS briefs the Commission that
changes need to be made for the draft plans that BSC Group prepared. DS and Bill Grafton (BG) met last
week and will meet again on Friday to make sure they don't have to do too many revisions, and get it done
in a timely manner for planting. BG affirms.
BG notes that DS and he suggest a key for major activities including: 1. Enforcement Order/restoration
plantings, 2. Enforcement Order/natural revegetation with optional plantings and invasive/opportunistic
species management and conservation markers, 3. Enforcement Order/conservation markers down by the
Jardus Property, and 4. Operations & Management areas.
BG states that more time is needed. Mike Tobin (MT) responds that as long as we're still moving forward,
that's good. Suggest continue to 9/26/2023.
BG notes that Attorney Chris Senie did reach out to BG, and that BG informed him that he wasn't needed at
this meeting, as it was a quick update. BG believes there will be substantive material submitted by
September 26, 2023.
Bruce Evans (BE) moves to continue the enforcement discussion for 2628 Main Street to September 26,
2023. Kim Pearson (KP) second. Approved 5-0-0.
Ron Slowek returns to the meeting.
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Conservation Commission Meeting Minutes — September 12, 2023
12. Request for Minor Change to Plan
12a.122 Governor Prence Road, SE9-169. King
Frank King (FK), homeowner gives history of coir roll system constructed in 2015 to stabilize the coastal
bank. The system spans not only FK's property, but also the neighbor's property totalting about 120 linear
feet. FK's portion is about 25 feet and been in place for 7 years, and is very stable. FK notes that one of the
conditions is to keep the coir rolls covered. He notes a rainstorm in the past week that uncovered the coir
rolls, and references a submitted photo of the stairs. FK discusses the initial access established by the OOC,
being the town Breakwater Landing to bring sand down the beach in front of their neighbor's property. In
2021 or 2020, the sand providers proposed running a chute down the stairs on FK's property, and sending
the sand down the chute, then shoveling it out on FK's property. He notes that this would no longer need
access through Breakwater Landing. FK notes that Bill Grafton (BG) performed a site visit, and understood
the proposed access, but that it is not the access that was approved in the OOC. FK is here to request a
change to the order to allow for access via a chute running down the stairs.
FK notes that BG noticed phragmites during his site visit. FK references submitted photos showing the
phragmites. He states that BG strongly suggested controlling the phragmites so that the beach grass doesn't
get overwhelmed by the phragmites. FK wants to modify the OOC to allow him to use the chute system for
getting sand to the beach, and with guidance from experts do what they can to control phragmites. He notes
triple -concentrated vinegar as a natural solution. BG also notes hand removal of phragmites is an option but
not as affected within the triple concentrated vinegard. BG further describes the colonization of the
phragmites on the property, the concerns of aggressive phragmites spread. BG addresses the contractor,
Jennifer Chase, who BG feels confident that she can help FK out with invasive control.
BG notes that the original permit doesn't have invasive control. He suggests adding invasive control by
hand removal and treatment with natural solutions for invasive and opportunistic species, such as Staghorn
Sumac, which is also starting to present there. Doing a minor to cover both the chute and invasive and o,
he'll be able to work with somebody and control it. Otherwise he has to get a new permit or amend it. BG
notes that FK is a model for addressing the Commission requirements for the annual monitoring report so
well.
Kim Pearson (KP) asks if phragmites control will be limited to triple vinegar, not cut and swipe? BG
confirms that the suggestion from the contractor is hand removal including natural solutions, and offers to
provide more specific language. KCP expresses doubt that triple vinegar will be effective against
phragmites. Discussion ensues. They agree to follow with interest, allowing hand removal and treatmenet
with natural solutions, and not chemical treatment.
Bruce Evans (BE) moves to approve a Minor Change to Plan for SE9-1695 at 122 Governor Prence Road,
for the delivery of beach renourishment from the property via a metal chute, utilizing hand tools and the
hand removal including treatment with natural solutions of invasive and opportunistic species such as
phragmites and staghorn sumac. Kim Pearson (KP) second. Approved 6-0-0.
12b. 286 Landing Drive, SE9-1869. Fogel & Schlegel.
Janet Fogel (JF), homeowner present. JF describes a Minor Change to Plan to existing Order of Conditions.
JF notes the elevations from the first corridor is different from the second and third. Bill Grafton (BG)
clarifies that the railing height for Corridor A is 5 feet higher than in Corridors B and C which are set at the
deck level. BG states that he noticed that on a site visit, and suggested bringing a Minor Change to Plan to
the Commission for review and a determinination, as there is no apparent rational for Corridor A being
higher.
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Conservation Commission Meeting Minutes —September 12, 2023
Bruce (BE) moves to approve the Minor Change to Plan for 286 Landing Drive, revising the elevation of
Corridor A to match Corridors B & C. Kim Pearson (KP) Second. Approved 6-0-0
12c. 648 Satucket Road, SE9-1866. Cordner.
Mike Tobin (MT) confirms with Bill Grafton (BG) that this item will not be discussed as the applicant's submittals
had not been received in time.
12d. 87 North Pond Drive, SE9-1934. Rau & Schiffman
Mike Tobin (MT) confirms with Bill Grafton (BG) that this item will not be discussed as the applicant's family has
suffered a loss.
13. Request for Administrative Review
13a. 42 Barberry Lane, 68-13 (5-218). Mark Bowman proposes to remove a hazard tree in the 100 -foot buffer
to a bordering vegetated wetland, inland bank and land under water (Myricks Pond).
Mark Bowman (MB), homeowner present. MB describes a tree that is significantly uprooted, right at edge of
100 -foot buffer to Myricks Pond. The tree is leaning towards Myricks pond, propped up by a smaller tree.
BG believes a significant storm could take them both down. MB met with Chris Lombardi (CL), Certified
Arborist, who also spoke with BG. They think we can take the tree down without significant issue at all.
MB notes that he had permission from the previous Conservation Administrator Aguair but affirms that he
didn't act fast enough with that permission.
Bill Gtsgyon (BG) notes that if MB does damage the other tree, he will put in (5) five pitch pines. MB states
that CL would do Arborist work on tree if damaged. BG notes vines on another tree. MB describes that CL
will cut off vines on another tree, which will be pulled up by MB once they die off.
Steve McKenna (SM) moves to approve the Administrative Review #23-12 for 42 Barberry Lane for the
removal of a hazard tree with special conditions. Kim Pearson (KP) second. Approved 6-0-0.
15. Report of the Natural Resources Director
Chris Miller (CM) Natural Resources Director.
CM reminds the Commission that it's time for the annual Hunting Discussion. Since last year, a Citizen's
Petition opened up the area in the Punkhorn, what they would like to do is get the three boards with care and
custody of some Punkhorn Land closely located together, and have a joint meeting to hold a discussion so
that we all have the same motion. The plan is to come up with some times in the next couple of weeks and
get that going.
CM addresses that we're in the middle of hurricane season, and notes the press storm coming up coast.
Nobody really knows what happens, but he thinks that most people should be prepared for wind and rain
this weekend. CM states it's always easier to put your boat back in, than to be too late to address it during
the storm. Should be a mild noreaster, but not certain yet. By Thursday we will have a better feel and it will
probably hit us Saturday.
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Conservation Commission Meeting Minutes — September 12, 2023
16. Report of the Conservation Adminstrator
Bill Grafton, Conservation Administrator.
BG notes that during the last meeting the Commission approved septic repair at149 Fiddlers, but denied on
the wetland line. He notes that there was green waste fill about 8-12 feet upgradient of the delineated
wetland. Applicant submitting a new delineation RDA with Qualified Wetland Scientist who's slightly
moved it upgradient, but fill hasn't been removed. BG talked to property owner's son, and buyer. They're
willing to remove it, but don't want to get in trouble. BG references a similar circumstance on another
property.
BG states that the Commission needs a De Minimis vote for green waste removal with no additional
permitting, based upon the August 22, 2023 Commission meeting.
Bruce Evans (BE) moves to approve the removal of the fill/green waste adjacent to the wetlands at 149
Fiddler Lanes including the use of tracked or wheeled vehicles, provided erosion control barrier is deployed,
by September 22, 2023 with no additional conservation permitting requirements. Kim Pearson (KP) Second.
Approved 6-0-0.
17. Matters Not Reasonably Anticipated by the Conservation Commission Chairman
Bill Grafton (BG) describes a 2 -hour walk-in meeting in July regarding the subject site, 34 Red Wing
Cartway. BG advised that the expiration, with tolling, was September 21, 2023. BG suggested to the
applicant that they should submit an extension request by August 21, 2023 as per the extension OOC and
OOC guidance language. They didn't make the deadline due to an out of state funeral. Applicant also turned
in a Request for a Certificate of Compliance that same day for a second Order of Conditions. BG believes
the Commission should show some leniency as a practice. BG states that the applicant provided Provided
2020, 2021, 2023 and 2019 site visit pictures and work notification.
Kim Pearson (KP) asks about the risk to the Commission in addressing an item when it was not posted, and
it was therefore not part of the agenda? BG is putting a matter not reasonably anticipated in front of the
Commission in a public forum. The Commission has discretionary authority to approve or deny. BG says
that the permit cannot be appealed, because the public hearing for it was closed when the Commission
issued the OOC with Special Conditions. It had an appeal period and a complaint period during the Notice
of Intent Public Hearing process. Not posting depends on how strict you want to be. It came up today, and
it's up to the Chair to decide if he's okay with it. Mike Tobin (MT) confirms that he is okay with hearing
this matter.
Kim Pearson (KP) moves to approve a three-year extension to September 12, 2023. Bruce Evans (BE)
second. Approved 6-0-0.
MT welcomes Cassandra West to the staff.
18. Ouestions from the Media
19. Next Meeting: September 26, 2023
20. Adjournment
BE moves to adjourn. CC second. Approved 6-0-0. Meeting adjourned.
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Conservation Commission Meeting Minutes — September 12, 2023
Respectfully Submitted,
Cassandra West, Senior Department Assistant
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Conservation Commission Meeting Minutes — September 12, 2023