HomeMy Public PortalAboutConservation Commission -- 2023-05-23 MinutesTown of Brewster Conservation Commission
1657 Main St., Brewster, MA 02631
conservation@brewster-ma.gov
(508) 896-4546
MEETING ME TrES
May 23, 2023 6:00 PM
APPROVED 01/09/2024
Vote: 7-0-0
Conservation
Commission Commissioners Present: Chair Michael Tobin (MT), Vice Chair Casey Chatelain (CC),
Bruce Evans (BE), Gary Kaser (GK), Ron Slowek (RS); Kimberly Crocker Pearson (KP) present
Michael Tobin for 4a and 5a only
Chair Commissioners Absent: Steve McKenna (SM)
Staff Present: Bill Grafton (BG), Andreana Sideris (AS)
Casey Chatelain
Vice Chair 1. Call to Order
2. Declaration of Quorum
Commissioners 3, Meeting Participation Statement
Bruce Evans
Gary Kaser 4. Recording Statement Kimberley Crocker 5. Public Comment/ Citizens, Forum
Pearson
Ron Slowek 6. Discussion_
Steve McKenna
6a. Duration of bonds specified in Order of Condition Special Conditions
Staff Bill Grafton (BG) notes that applicants have been requesting that surety bonds, submitted to ensure
Chris Miller, plantings or other required activities are completed, be returned to them as soon as these are done
Natural Resources with a current single activity event but before a Certificate of Compliance (COC) is requested, which
Director
creates tracking issues and isnot consistent with the intent of requiring the bonds, (eg) to ensure no
Bill Grafton, significant/cumulative adverse effects on the resource area(s) for the duration of the open permit. BG
Conservation suggests that the Commission specify on the record that bonds associated with Orders of Conditions
Administrator (OOCs) are not to be returned until a COC has been approved, issued and recorded at the Barnstable
County Registry of Deeds, and evidence of recording is submitted to the Conservation Administrator.
Andreana Sideris, Michael Tobin (MT) suggests that the condition language be updated to specify this, but BG would
Assistant to additionally like a finding on the record that could apply to 50+ currently outstanding OOCs.
Natural Resources
Director and Kim Pearson (KP) moves to support the Conservation Administrator's request that that bonds
Conservation associated with Order of Conditions remain in a Town account until a Certificate of Compliance is
Administrator approved, issued, and recorded with the Barnstable County Registry of Deeds and evidence of
recording is provided to the Conservation Administrator. Gary Kaser (GK) second. Approved 6-0-0.
6b. Surveyed plans required for all NOIs unless the Commission exempts - Bill Grafton
Bill Grafton (BG) recommends that the Commission give the Conservation Administrator the option
to exempt the requirement of a surveyed plan, bearing RPE or PLS stamp, for certain Notices of
Intent upon the review and agreement of two Commissioners. This policy worked well in Marshfield
and would save time and expense on projects that technically require a NOI filing but involve
relatively little project disturbance, complexity or potential cumulative or significant adverse effects
to the resource areas. The Commissioners concur.
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Conservation Commission Meeting Minutes — May 23, 2023
Bruce Evans (BE) moves to approve the exemption for the Commission's surveyed plan requirement for new Notice of
Intent submittals based on the Conservation Administrator obtaining approvals from two (2) Commissioners. Gary Kaser
second. Approved 5-0-0.
6c. New NOI request for reconstruction of a ramp to provide adequate handicapped public access to the
waterfront at Linnell Town Landing. Request for exemption of surveyed plan — Chris Miller & Bill Grafton
Senior Natural Resource Officer Ryan Burch (RB) notes the original ramp installation was an AmeriCorps work project
with the objective of expanding access to the waterfront at Linnell Landing. Sections of the ramp are now in need of
repair, and a Notice of Intent (NOI) will be required to permit the work. Bill Grafton (BG) suggests that a surveyed site
plan not be required for this NOI, as surveyed plans were provided with the original permitting for the ramp in 2013, as
well as for a Minor Modification request in 2014. BG suggests that an ongoing condition of the new permit authorize the
ongoing renourishment that will be needed to protect the ramp. If the surveyed plan exemption is authorized, the NOI
could be ready for public hearing by the next meeting.
Bruce Evans (BE) moves to approve the exemption to the Commission's surveyed plan requirement for the new Notice of
Intent for existing ramp maintenance and repair and beach renourishment at Linnell Landing. Gary Kaser (GK) second.
Approved 5-0-0.
6d. Scientific study request at Freemans Pond/Paines Creek— Study involves taking tissue samples of smooth
cordgrass and observational data on plant height, community composition, and elevation - Katherine Sperry.
Tabled until the June 13 BCC Public Meeting at Katherine Sperry's request.
6e. Reappointment of Bruce Evans to the Water Quality Review Committee
Bruce Evans (BE)'s seat as Commission liaison to the Water Quality Review Committee is up for reappointment; BE
suggests that another Commissioner consider the role as he is also liaison to several other committees. Michael Tobin
asks that Bill Grafton look into the possibility of Kim Pearson (KP) assuming the role, as she already sits on this
Committee as Board of Health liaison. Casey Chatelain (CC) is willing to servie if KP cannot.
8. Notices of Intent
8a. 216 Mitchell Lane, 115-49 (11-1-5). SE9-1949. Continued Public Hearing. Stephen and Sarah Barkhuff
propose the construction of a stairway and a foot path as well as vegetation management and vista pruning within
land subject to coastal storm flowage, riverfront, isolated vegetated wetland, and buffer zone to bordering
vegetated wetland, isolated vegetated wetland, land subject to coastal storm flowage, inland bank, and salt marsh.
A continuation request was received at the Conservation Office.
Gary Kaser (GK) moves to continue the hearing to the June 13 meeting. Casey Chatelain (CC) second. Approved 5-0-0.
Commissioner Gary Kaser recuses from voting. Commissioner Ron Slowek is not eligible to vote due to Mullin
Rule requirements.
8b. 56 Underpass Realty Trust proposes to remodel and expand the existing veterinary hospital and parking
area, install stormwater improvements and restore native vegetation within 50 and 100 feet of inland wetlands at
56 Underpass Road, 78-116 (26-6)/SE9-1940.
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Conservation Commission Meeting Minutes — May 23, 2023
John O'ReilIy (JO), J.M. O'Reilly & Associates, present for applicant along with Ian Peach (IP), Wilkinson Ecological
Design. JO indicates they have scaled back the original project significantly and are now proposing to add handicapped
parking and egress to the front and back of the building, three additions in previously disturbed area, and a generator in
back of the building. They have also worked with Bill Grafton (BG) and Chris Miller (CM) to revise the mitigation
plantings. IP indicates they are proposing a 1150 square feet mitigation area which will be planted with native grasses, 35
native shrubs, 3 Tupelo trees, and 3 Service Berry shrubs. Invasive species will be treated with hand -applied herbicide
and removed from the mitigation area prior to planting, and the area will be denoted by boulders and located near several
native trees which will help the plantings. They would like to irrigate the area until the plantings are established.
Casey Chatelain (CC) thanks applicant for working with the Commissioners and incorporating their feedback into the
revisions. BG suggests that applicant replace the boulders marking the edge of the mitigation area with conservation
markers on posts or birdhouses, as he recently observed that boulders at another property had been thrown into a pond
shoreline. JO will update the site plan, as requested, to show an earlier mitigation area and IP will make revise the
restoration plan to include additional details as to number of plants, dates, and annual monitoring.
BG notes he will delete a standard condition prohibiting the use of herbicides and specify that the application be done by
professionals.
Bruce Evans (BE) moves to public hearing for SE9-1940 associated with 56 Underpass Road, issue Special Conditions
consistent with SE9-1906 and require the submittal of revised site plan and restoration plan by 12 noon, Friday, May 26th
to the Conservation Administrator. Casey Chatelain (CC) second. Approved 4-0-0.
Commissioner Gary Kaser and Ron Slowek return to the public meeting.
9. Request for Certificate of Compliance
9a. 290 Foster Road, SE9-1790.79-26 (6-9). William and Lynn Kargman, vegetation management and vista
pruning.
Catherine Ricks (CR), Coastal Engineering, present for applicant to discuss issues raised at the previous Commission
public meetings, including planting of a Tupelo tree as required in Special Condition A33 and adequacy of the monitoring
reports with regard to the plantings. CR shows photos of the property before and after the pruning, and indicates her
client is willing to plant the Tupelo. CR notes that the Order of Conditions (OOC) has expired, and would like to permit
the Tupelo planting with an RDA.
Bill Grafton (BG) suggests that an Enforcement Order (EO) would be the most efficient way to authorize the Tupelo
planting and close out the OOC; an RDA would not be an appropriate filing given the proposed tree location inside the 0
to 50 ft buffer. BG also recommends requiring three years of annual monitoring reports for the plantings, prepared by an
arborist or wetland scientist, separate and apart from the reports provided by CR for the coastal stabilization. Once this is
done, additional vegetative management could be permitted through a new Notice of Intent.
Ron Slowek (RS) and Gary Kaser (GK) agree that an EO seems to be the appropriate vehicle for resolution. Michael
Tobin (MT) notes that the planting area will not need additional vista pruning any time soon. BG suggests that the
planting and monitoring of the Tupelo be handled by a professional to ensure its survival.
GK moves to approve the withdrawal of the Request for Certificate of Compliance and authorize the Tupelo planting,
through an Enforcement Order, during the Spring 2023 planting season including temporary above -ground irrigation with
(3) three successive growing seasons and annual monitoring reports to be submitted to the Conservation Administrator.
Casey Chatelain (CC) second. Approved 5-0-0.
9b. 46 Main Street, SE9-1887.6-10 (2143). Donald Poole and Dawn Sternlieb, construction of an addition.
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Conservation Commission Meeting Minutes — May 23, 2023
Bill Grafton (BG) advised that the addition had been generally built as permitted, but that a partial retaining wall and
crawl space had been added. He also noted that a propane tank and two HVAC units were not depicted on the site plan,
and the portico had been increased to 6 by 6 ft to 6 by 8.5 ft. As the property lies partly in AE flood zone, BG reached out
to Building Commissioner Davis Walters (DW) regarding compliance with Building Code and flood plain requirements;
DW indicated he had no concerns. BG suggests that the wetlands in the area may be more expansive than previously
flagged, but recommends issuance of the Certificate of Compliance. .
Bruce Evans (BE) moves to approve issuance of a complete Certificate of Compliance for SE9-1887 at 46 Main Street.
Gary Kaser (GK) second. Approved 5-0-0.
10. Request for Extension Order of Conditions
10a. 347 Point of Rocks Road, SE9-1814.69-99 (6-6). Raymond and Jeanne Sullivan, coastal stabilization.
Bill Grafton (BG) noted that the 2022 and 2023 annual monitoring reports have not been submitted to date, and the reports
themselves should be more detailed. BG has relayed these issues to Crawford Land Management, and recommends
granting a one-year extension.
Bruce Evans (BE) moves to grant a one-year extension to the order of conditions SE9-1814 at 347 Point of Rocks Road to
June 111, 2024. Gary Kaser (GK) second. Approved 5-0-0.
I1. Show Cause _
Ila. Continued - Brown, 2628 Main Street, 89-14 (15-113-2) Cutting and clearing of vegetation within 25 feet of
inland wetlands as well as the placement of fill on and within 100 feet of inland wetlands.
Attorney Christopher Senie (CS) and Property Manager David Schlessinger (DS) present for property owner Stephan
Brown (SB). CS notes that Bill Grafton (BG) recently sent a punch list of engineering and other tasks to their consultants
BSC Group and ECR, who are preparing proposals for restoration and updated delineations. CS is also working with
Town Counsel on a stipulated consolidated order granting a period of relief from the provisions of the existing Court
Order that would consolidate the (4) four Enforcement Orders under a progressive dissolution, and asks that the matter be
continued to the June 27, 2023 Commission public meeting, and that SB be allowed to perform some hand -pruning of an
area of Japanese knotweed with review and approval in the field by BG.
Gary Kaser (GK) is okay with the vegetative management request; Michael Tobin (MT) agrees, but would like BG to
review the work once completed. BG is willing to do so provided there is continued forward momentum with the
consultants. Abutter Michael Jardus (MJ) wants to ensure that any pruning will be by hand only. BG indicates that the
use of hand cutting tools but not tracked vehicles under his supervision as to where and how the work is done is worth
Commission consideration. DS thinks the cutting, which is by the property line with MJ, can be done by hand, but BG
suggests that they be allowed to use small hand tools but provide advance notification of the cutting to the neighbor,
Michael Jardus. SB states the cutting area is only about 8-10 sq ft, and the knotweed is likely to spread to MJ's property
if not controlled now; BG concurs but notes that hand tools and other techniques may be required to effectively do so.
DS notes that BSC and ECR need to finish and provide their proposals before they can start preparing the restoration plan;
they have indicated that an ongoing plan may be needed to control the knotweed. BG will review the proposed knotweed
work once he has seen the signed proposals.
Bruce Evans (BE) moves to continue the show -cause hearing to June 27, 2023. Gary Kaser (GK) second. Approved 5-0-
0.
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Conservation Commission Meeting Minutes — May 23, 2023
12. Request for Minor Change to Plan
12a. 120 Run Hill, SE9-1944.35-34 (36-12-5). Kenneth & Amy Rubin, relocation of U6 posts due to water level of
Lower Mill Pond.
John O'Reilly (JO), J.M. O'Reilly & Associates, present for applicant. Construction of the stairs leading to the dock to be
constructed has begun, but the two posts at the bottom of the staircase have been shifted 34 inches upgradient to keep
them out of the pond. JO reviewed with Bill Grafton, who allowed the staircase construction with the relocated posts to
proceed after receiving approval from Commissioners Michael Tobin (MT) and Kim Pearson (KP). JO may additionally
need to request a seasonal ship ladder at the end of the stairs until the dock is completed.
Casey Chateiain (CC) moves to approve the minor change request for 120 Run Hill Road. Gary Kaser (GK) second.
Approved 5-0-0.
12b. 2070 Route 28, SE9-1943. 149-1(53-28). Pleasant Bay Community Boating, proposed footpath alternatives.
Charles Sumner (CS) and Steve Najarian (SN) present for Pleasant Bay Community Boating to discuss changes to the.
footpath permitted in SE9-1943; SN notes these mostly have to do with changes in construction materials, including the
use of 6" by 8" timbers, buried vertical timbers, and bark mulch or 3/8" native stone for the footpath, in keeping with what
they already have on site. They also requested some latitude as to where to place the footpath steps, and would like to use
additional 6" by 8" timbers for the retaining wall instead of the proposed concrete blocks. They also would like to adjust
the position of the straw wattle erosion conrol as the work on the footpath progresses. Bill Grafton(BG) asks that they
send a photo of the straw wattles once deployed, and notes that additional Conservation permitting may be required from
the Harwich Conservation Commission as the property overlaps both Brewster and Harwich.
Bruce Evans (BE) moves to approve the Minor Change to Plan for 2070 Route 28, Pleasant Bay Community Boating,
SE9-1943, as described. Gary Kaser (GK) second. Approved 5-0-0.
12c. Mariners Court, SE9-1864.90-160 (14-1-0). Ocean Edge 1 and Corcoran Jennison Management, pond
management/man-made freshwater pond.
The Order of Conditions SE9-1864 was issued in 2020 for maintenance of a man-made pond; applicant proposes
additional vegetative management by hand to remove invasives from the pond. Bill Grafton (BG) has no issue with the
request but notes that the mitigation plantings approved in the OOC appear to be incomplete, and applicant has not
provided the required planting and water quality monitoring reports. BG would like these to be submitted as a condition
of approval of the Minor Change request, along with evidence that signage with the MassDEP Wetlands Protection Act
file number has been posted on the site.
Gary Kaser (GK) would like to know the current nitrate/phosphate levels in the pond, as the water used to be clear and the
pond stocked with trout that have since disappeared. BG suggests that the Commissioners visit the site with him and
property manager Tom Monaghan (TM). Michael Tobin (MT) suggests approving the request with the condition that the
monitoring reports be provided.
Bruce Evans (BE) moves to approve the Minor Change to Plan associated with Mariners Court, Corcoran-Jennsion/SE9-
1864, allowing the hand removal of the pond vegetation with a constraint on the field work until the Conservation
Administrator confirms that the Commission's requirements under the Order of Conditions are satisfied. GK second.
Approved 5-0-0.
16. Report of the Conservation Administrator
The alewife counter has been pulled out of the herring run, with a final count of just under 406,000.
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Conservation Commission Meeting Minutes — May 23, 2023
Bill Grafton (BG) will work with Brad Chase of MassDW to verify.
BG is also working with Town Counsel (TC) on further enforcement for 19 Muskrat Lane, as the required plantings have
not been planted despite discussions to plant in the Spring 2023 plantings season.
19. Adjourn
Gary Kaser (GK) moves to adjourn. Casey Chatelain (CC) second. Approved 5-0-0.
Meeting adjourned at 7:28 PM.
Respectfully Submitted,
Cassandra West, Senior Department Assistant
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Conservation Commission Meeting Minutes — May 23, 2023