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HomeMy Public PortalAboutConservation Commission -- 2023-09-12 MinutesAPPROVED 12/12/2023 FE, nea e F9 Vote: 5-0-0 z �0 .. 9F , Town of Brewster Conservation Commission I o MEETING MINUTES ' 2198 Main Street September 12, 2023 6:00 PM A }} _,THCTF>i MINN P! F- , 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. Page 2 of 14 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. Page 3 of 14 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. Page 4 of 14 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 Page 5 of 14 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 Page 6 of 14 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 Page 7of14 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. Page 8 of 14 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. Page 9 of 14 Conservation Commission Meeting Minutes — September 12, 2023 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. Page 10 of 14 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. Page 11 of 14 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. Page 12 of 14 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. Page 13 of 14 Conservation Commission Meeting Minutes — September 12, 2023 Respectfully Submitted, Cassandra West, Senior Department Assistant Page 14 of 14 Conservation Commission Meeting Minutes — September 12, 2023