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HomeMy Public PortalAboutConservation Commission -- 2023-10-10 Minutes.CF £ODER e%P o aPOP�t 0.0 TOWN OF BREWSTER CONSERVATION COMMISSION Michael Tobin Chair Casey Chatelain Vice Chair COMMISSIONERS Bruce Evans Gary Kaser Kimberley Crocker Pearson Ron Slowek Steve McKenna STAFF Chris Miller, Natural Resources Director Bill Grafton, Conservation Administrator Cassandra West, Senior Department Assistant 1657 Main St., Brewster, MA 02631 (508) 896-4546 APPROVED 01/23/2024 Vote: 5-0-0 Town of Brewster Conservation Commission MEETING MINUTES - 2198 Main Street October 10, 2023 6:00 PM The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.aav). or Video recording (tv.brewster-ma.aovl. Commissioners Present: Chair Michael Tobin (MT), Bruce Evans (BE), Kimberly Crocker Pearson (KCP), Gary Kaser (GK), Steve McKenna (SM), Ron Slowek (RS) Commissioners Absent: Vice -Chair Casey Chatelain (CC), Staff Present: Chris Miller (CM), Bill Grafton (BG), Cassandra West (CW) 1. Call to Order 2. Meeting Declaration of Participation Statement 3. Meeting Participation Statement 4. Recording Statement: As required by the Open Meeting Law we are informing you that the Town will be video and audio taping as well as broadcasting this public meeting. In addition, if anyone else intends to either video or audio tape this meeting they are required to inform the chair, 5. Public Announcements and Comment: Members of the public may address the Conservation Commission on matters not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's discretion. The Conservation Commission will not reply to statements made or answer questions raised during public comment but may add items presented to a future agenda. 6. Discussion - - — — 6a. 2628 Main Street, 89-2. Brewfest 501h Anniversary celebration. Potential worklactivities in Conservation jurisdictional boundaries - Sasba Wooden Bill Grafton (BG) introduces the item, describing that the intent to celebrate Stephan Brown's 50`h Anniversary was brought before the Select Board, but part of the property requested for the celebrations overlaps Conservation jurisdiction. BG notes that the overlap is relatively minor, but cites the ongoing enforcement as his rationale for bringing the celebration to the Commission as a discussion item. Sasha Wooden (SW), on behalf of the property. SW describes the party as a celebration of 50 years of Great Cape Tiny Village on 2628 Main Street, which has been run by Stephan Brown (SB), who is retiring this year and selling the property. The Great Cape Co-op was created to transition from Stephan's Ownership to a potential community -owned model. SW comes before the Commission to request permission for the party celebrating Stephan and bringing the community together in a central place in Brewster. SW describes the event plan and the permitting from the Select Board. SW describes the portion of the event which falls in Conservation jurisdiction: a Halloween -themed Nature Walk, He notes that the majority of the activity will be outside of jurisdiction, but that they are hoping to decorate and put up guard rails within jurisdiction. Mike Tobin (MT) states that he is not in favor of having any activity in the 50 -ft buffer zone, citing the ongoing enforcement at the property. Discussion ensues and MT confirms that the nature walk can occur within the 100 -ft buffer zone beyond the 50 -foot setback. Kimberly Pearson (KP) wouldn't support any construction, even within 50 - 100ft. The Commission provides examples of unacceptable construction activities. Page 1 of 9 Conservation Commission Meeting Minutes - October 10, 2023 SW asks about cleaning up branches within the 100 -ft buffer? MT does not support clearing anything within the 50 -ft buffer. Ron Slowek (RS) agrees. BG confirms that no activity is allowed within the 50, and that within the 50-100, they are not allowed to remove fill dredge or alter without Commission approval. BG requests SW send a revised sketch detailing no activity within the 50 -foot setbackto the Conservation Department, and to update the Select Board. 6b. 19 Muskrat Lane, SE9-1895 required plantings timing (October or November) - Nick Crawford Nick Crawford (NC), of Crawford Land Management, provides project background, which started off as a violation. There was an open permit on the property to construct a seasonal boardwalk and kayak rack in a parking area. Before the approved work could begin, a contractor went out with brush cutters and cut down beach grass, and woody vegetation consisting mostly of grape and potentially beach plum. Applicant came back to the Commission with revised plan to remedy the violation by revegetating everything outside of the footprint of the rollout boardwalk and kayak rack with American beach grass and a handful of shrubs along wooded edge. It was originally intended to get planted and restored but this did not take place. As such, none of the site improvements were completed this Spring. As a result, the applicant didn't get a signed contract in time to purchase ABG unless they were rooted plugs. NC is looking for permission to complete plan that was approved and plant the shrubs and American beach grass by the end of this November. That's when the wholesalers could get bareroot American Beach Grass. Bill Grafton (BG) reminds the Commission that, after spending significant time with Town Counsel, Chris Miller, Attorney Ben Zehnder representing the property owner, Don Munroe with Coastal Engineering Company and, they were expected to have plants in at the end of Spring of 2023 which did not occur. BG confirms that the applicant's representative got a signed contract at the end of May, and that they stated that couldn't get the plants in time for the Spring planting season. BG had put down that the plantings should then be completed in October, and has spoken with Town Counsel. BG suggests that the shrubs and the beach grass be planted by the end of October. BG advises that if the Commission allows the shrubs to be planted in October, and the beach grass in November, that a failure to plant the beach grass by the end of November should result in a new enforcement order. BG advises that all plantings should be completed in October. Mike Tobin (MT) can accept the beach grass being planted in November, and asks NC to confirm that this can be accomplished. NC confirms that the beach grass should arrive by mid-November. BG suggests that the Commission require deliverables such as pictures of plants in the ground and a brief memo. NC affirms that he can provide these deliverables. The Commission discusses their support of splitting the plantings between October and November, or else completing all plantings in October. MT requires all plantings to be completed by December: the shrubs as soon as possible and the beach grass by December. Bruce Evans (BE) moves to require the require the plantings as per the Crawford Land Management Restoration Plan dated February 21, 2023 that references SE9-1895 with the shrubs to be planted by the end of October 2023 and the American beach grass to be planted by the end of November 2023. Gary Kaser (GK) Second. Approved 5-1-0. RS opposed. 6c. Draft December 13, 2022 Meeting Minutes for Review & Ratification by Commissioners. BG distributed the draft meeting minutes for December 13, 2022 and received no Commissioner comments. Kim Pearson (KP) moves to approve the meeting minutes of December 13, 2022 as prepared. Ron Slowek (RS) Second. Approved 6-0-0. 6d. Draft December 27, 2022 Meeting Minutes for Review & Ratification by Commissioners. Page 2 of 9 Conservation Commission Meeting Minutes — October 10, 2023 BG distributed the draft meeting minutes for December 27, 2022 and received no Commissioner comments. Kim Pearson (KP) moves to approve the meeting minutes of December 27, 2022 as prepared. Ron Slowek (RS) Second. Approved 6-0-0. Kim Pearson (KP) moves to approve the meeting minutes of December 27, 2022 as prepared. GK Second. Approved 6-0-0. 7. Requests for Determination of Applicability 7a. 0 Crowell's Bog Road, RDA# 23-18.61-11. Tim Holmes requests approval for access through the buffer zone of an isolated vegetated wetland for soil testing. Tim Holmes (TH), applicant, presenting an After -The -Fact Request For Determination of Applicability (RDA) for the activity of driving an excavator over the property to do a perc test and then back out over the same tracks. Bill Grafton (BG) provides the context of the complaint he received from a the son of a neighbor at 72 Winstead Road, concerning trees damaged by the applicant within an area denoted as Forever Wilderness, part of a Conservation Restriction, which is under the Conservation Commission's care and custody. Additionally, TH may have gone into 72 Winstead's property, but BG cannot confirm or deny this absent clear field boundaries and a stamped plan indicating the exact location of the damaged trees. BG notes that the activity in the After -the -Fact application is, in itself, minor, and occurred just within the 50 -ft buffer zone to the wetland; the affected plants will rejuvenate. After having two qualified wetland scientists look at the wetland line, BG finds it difficult to start modifying the wetland delineation based on the Bylaw criteria of 50% hydric plants and not the states guidance based on 2 of 3 criteria„ namely hydrology, hydric soils and hydric plants. BG then notes that the activity crossed through the two parcels owned by the town that landlocks both 168 and 0 Crowell's Bog. There is a question about access from Crowells Bog Road. BG suggests that the Commission get in writing the applicant's access agreement. BG says that, based on discussions, TH feels confident he has right of access, and yet other people are confident that he does not. BG suggests that, when the Commission makes its determination regarding the activity, that they also require written permission of access by December 31, 2023. BG confirms that the activity is not a problem, but that the access should be determined. BG addresses the wetland line, noting that, on the plan, the wetland lines just stops and does not represent the entire wetland delineation flags in the field. BG references three flags in the field that are not assigned alpha -numeric numbers on the site plan. BG spoke with Dan Ojala, RPE & PLS, who will revise the site plan to include those wetlands flags, as well as include a detail that Paul Shea, delineated the wetland line and the date of the delineation. Mike Tobin (MT) clarifies that the access is out of Conservation Commission jurisdiction, to which BG defers to the advice Town Counsel, who is not present. Steve McKenna (SM) agrees that requiring written permission of access is out of Commission jurisdiction to require. The Commission decides that they cannot require written evidence of access over Town - owned land to get to 0 Crowells Bog Road. Bruce Evans (BE) moves to approve a Positive Determination No. 5 for the Bylaw, a Positive 2A for the wetland delineation and a Negative No. 3 for work within the buffer zone including standard special conditions and site specific special conditions as follows: submit two hard copies and a digital of the the revised site plan depicting missing wetlands flags beyond B 10 by 12 noon, Friday, October 13, 2023. Gary Kaser (GK) Second. Approved 6-0- 0. 8. Notices of Intent — — 8a. 104 Canoe Pond Drive, SE9-1952.24-60 (36-230). Continued public hearing. Hongying Xie Revocable Trust - 2012. Continuation Requested. Page 3 of 9 Conservation Commission Meeting Minutes – October 10, 2023 Bill Grafton (BG) states that the applicant's representative requested a continuation to December 12, 2023. Bruce Evans (BE) moves to continue the hearing for 104 Canoe Pond Drive to December 12, 2023. Gary Kaser (GK) Second. Approved 6-0-0. 8b. 178 Bonnie Doone Cartway, SE9-1893 Amended. 102-13 (8-7). Continued public hearing. Bill Grafton (BG) states that the applicant's representative requested a continuation to October 24, 2023. Gary Kaser (GK) moves to continue the Request For Amended Order of Conditions under SE9-1893 to October 24, 2023. Ron Slowek (RS) Second. Approved 6-0-0. 8c. 0 Vesper Pond Drive (Lot A Main Street), SE9-1959. 138-74. New public hearing. William Marsh proposes construction of a single family home, inground swimming pool, driveway, and associated hardscape/landscape within 100' buffer zone to isolated vegetated wetland, bordering vegetated wetland, and potential vernal pool. Susan Ladue (SL) from Eastward Companies, Robert Reedy (RR) from J.M. O'Reilly Associates and Andrew Garuley (AG), Registered Landscape Architect for Yarmouthport Design Group present to represent the property owner. SL describes the existing conditions of the subject property which is an existing building lot created by an approval -not - required plan, endorsed by the Planning Board on July 12, 2023, and recorded at the registry of deeds. She identifies the total lot area, including the upland area of 75,519 square feet, the total wetland area of just under 6,500 square feet, and a total lot frontage of just under 530 linear feet on Main Street and Vesper Pond Drive. SL identifies the jurisdictional wetlands associated with the project site: one Isolated Vegetated Wetland (IVW) — Wetland C; one Bordering Vegetated Wetland (BVW) — Wetland A; is located within 50 ft of a Bordering Vegetated Wetland and Pooling Area across Vesper Pond Drive — Wetland B; and is 50 to 100 ft from a ditch on the adjacent lot to the south which also includes the edge of a pooling area. SL confirms that Paul Shea (PS) set the wetland flags and represented Eastward Companies in February 2023 with an Abbreviated Notice of Resource Area Determination (ANRAD) and the attached Recorded Order of Resource Area Delineation (ORAD), with the site plan reflecting that the Conservation Commission confirmed resource area delineation. J.M. O'Reilly & Associates, Inc. located both pooling areas which are noted on the site plan along with the 100 -foot potential vernal pool habitat. SL presents the proposed conditions, noting that because of the limites area outside of the 100 -ft buffer, most proposed disturbance occurs within 50-100 ft buffer of the identified resources areas. Most of proposed dwelling, pool, patio and walks, septic tank and proposed drainage facilities will be within the 50-100 ft buffer zone. The proposed leeching area is located outside 100 -ft buffer in the northeast corner of the lot. Only 179 square feet of the proposed shell driveway will be within the 50ft buffer, where it meets the existing paved road surface. The site plan proposes several drainage swales to manage stormwater events. SL notes the Stormwater permit application that has been submitted to the Conservation Commission for the project site. SL describes the mitigation plantings in the northeast and southeast corners of the lot in the two areas disturbed for unpermitted soil testing. She describes the landscape plan with ornamental plantings around house and native plantings around the ring garden and driveway. RR reiterates that the test holes were discussed with the Board of Health Department, in order to determine if the site was viable for a septic system, and finding consistently good soil in the northeast corner. The intent was not to dig within 100- R buffer zone but did encroach slightly into the 100 -foot buffer, and are looking to address that with mitigation planting as part of this Notice of Intent. RR confirms that the septic leeching facility location is outside of 100 -ft buffer. Some of the system is within the 100 -ft buffer, but they are not asking for any Title V Variances for the project. Kimberly Pearson (KP) asks if the site is within the District of Critical Planning Concern (DCPC)? No specific answer is provided. Bill Grafton (BG) reminds the Commission that the wetland line was approved within the previously approved ORAD, so what is in front of the Commission now is the proposed structure. AG details that the house is placed as far as possible away from all three wetlands. A 12' K 24' swimming pool with a patio, where all drainage pitched away from pool towards channel drains, and piped to drainage facilities and rain gardens. AG describes the ornamental plantings around the house and the back corner of the swimming pool. He identifies that all Page 4 of 9 Conservation Commission Meeting Minutes — October 10, 2023 plants within the 50 -ft buffer are native plants. AG describes the driveway, associated drainage swales, and circular driveway design, so that a vehicle can turn around and get out. He reiterates that the drainage is pitched towards the rain gardens, which are vegetated with sweet pepper bush, elderberry and red twig dogwood, as well as arrowwood and bayberry along edges. He identifies all proposed grass to be fescue/rye mix mowed once per year. RR identifies the driveway as V native gravel, as well as pitched into rain gardens. Chair Mike Tobin (MT) asks how the applicant intend to mark the 50 -ft buffer to defend against creep? SL answers that Eastward Companies typically installs a single rail split rail along the edge of the line to keep landscapers from creeping into the "no -disturb" zone. MT suggests putting markers on the fence. AG identifies the additional topographic barrier with the ditch. MT points out that, with pools so close to wetlands, there should be delineation that it's not draining into the wetland. BG agrees that there should be a designated area for drainage on the plan and notes that be added onto the planting plan. Discussion ensues about the purposes of the drainage designation for the pool. RR identifies the drainage leeching facility identified on the plan, and discussion ensues about the need for a secondary leeching facility. BG notes the currently undisturbed 100 -ft vernal pool habitat and the need to protect it from any potential leeching. Steve Mckenna (SM) states that he is not supportive of the lawn going right to the edge of the 50 -ft buffer. He would like to see a 15ft native vegetative buffer strip. The Commission discusses the lawn. Gary Kaser (GK) affirms that he wants to see whole project scaled back, and that he doesn't want to see any activity within the 50 -ft buffer. SL asks if the Commission wants to pull the drainage leeching facility on the west side out of the 50 -ft buffer? She asks the Commission to confirm that the part of the lawn they were discussing was the southern border of fescue rye. SM clarifies that he wants to reduce the amount of turf grass and mowed grass and have the buffer be more naturalized. SL agrees to pull lawn area away from the 50 -ft buffer and have more native plantings. MT asks SL to mark on plan where they plan to put the fence. AG believes that the grading puts limit of work over 50 -ft line. He states that he can make sure that limit of work is pulled out of the 50 -ft buffer. He asks, regarding the leeching areas that are close to the 50 -ft buffer be allowed to remain in those places and plant woody shrub buffer right up to edge. SM clarifies that his concern is with minimizing the lawn. A discussion about `limit of clearing' ensues. SM expresses that when properties change hands, `limit of clearing' tends to get overlooked. KP asks about the pool leeching system? AG identifies it as a drywelI leech pit. Discussion about the volume and content of the pool. A discussion about the use of salt water close to a freshwater wetland, and the implications of draining it. AG notes that some other Towns have required drawdown to be tanked and pumped out. KP suggests the permit be conditioned on that a saltwater pool closing in fall requires the water to be pumped out and taken away by a truck. AG clarifies that the type of pool has not been determined yet. RS affirms that he is not comfortable with a pool at all until we get more detail. BG agrees that the Commission needs more information, including a complete solution to discharge, and detail it on the plan. BG asks about the hardscape material, and whether any of it is permeable? AG details it's dry laid with tighter joints, other wise it becomes a hazard underfoot. Even though it's dry laid it's going into channel drains, which go into trench drains into leeching field. BG suggests showing the permeable areas, and a cross section of what's present underneath. AG clarifies that he is not making the claim that the hardscape is permeable, and that he is pitching it towards the channel drains because he knows that they work. BG suggests taking out the vegetated circle in the driveway. AG reiterates his confidence that his design works. Ron Slowek (RS) affirms that it would be helpful to get the total volume of the pool. SM asks if it's common for people to have a tight tank, where periodically water is collected and taken off-site? AG hasn't seen that done for a pool. KCP mentions that tight tanks are used for pools in Maryland, for example. BG indicates that this was discussed at staff review for another project with a spa pool. MT believes that the Commission's concerns have been heard. He calls on the Commission to continue the hearing and open up the Stormwater hearing for the site. Page 5 of 9 Conservation Commission Meeting Minutes — October 10, 2023 KP moves to continue the hearing to October 24, 2023. SM second. Approved 6-0-0. 14. Stormwater Permit Application under Code of the Town of Brewster, Chapter 272 Stormwater Management Bylaw 14a. 0 Vesper Pond Drive (Lot A Main Street), SWMC# 2023-02. 138-74. William Marsh proposes creation of a new driveway as access to new home proposed to be constructed on subject lot. Robert Reedy (RR) of John O'Reilly & Associates, Inc. details the stormwater report, in that the entire stormwater system was designed for the 100 -yr Storm Event. He notes that stormwater drains in three directions to the road and wetland across the street, and the two wetlands on the property. He describes that they are reducing peak discharge for each of the discharge points on the site, not just as a whole. RR notes the 4" wide trench drains around the outside of pool and details that the swales around driveway provide stormwater recharge and a level of treatment that wouldn't have been feasible with just leeching facilities alone. He points the Commission to the detail profile on page two of the stormwater report, detailing the process of how stormwater treatment occurs. He describes how the swales perform and details two systems have perforated pipe which flows to a solid pipe, which flows to the leeching facility. RR identifies one system for the front half of the dwelling and one system for the back half of the dwelling and the pool. RR identifies the HydroCad report as baseline for all calculations provided. The report is how they sized the leeching facilities and swales to ensure they are providing at least enough for the 100 -year Storm Event, enough storage and enough peak discharge so that they are reducing discharge relative to the existing conditions. Kim Pearson (KP) asks about the soil conditions. RR replies that generally near wetland C they found non -usable soil - silty loam. Non sandy loam — for leeching, drainage or septic purposes. To the east — more and more sandy conditions. Any unsuitable soils found would need to be removed as part of the process, which has been provided on the report. Ron Slowek (RS) asks why, on swales, is he not connecting the perforated PVC pipe to a leeching field? RR notes that the two swales, Drainage Swales One and Two, are connected to leeching fields? He details that Drainage Swale Three, the longer swale, is designed to be a standalone stormwater system which would have sufficient capacity in stone layer to discharge for the 100 -year Storm without connecting to leeching facility. Steve McKenna (SM) asks if it is correct that owners will be responsible for maintenance of stormwater system? RR affirms. SM asks if they are trained in subsurface leeching inspection? RR wouldn't expect them to inspect the interior, and that it could be done by a hired professional, and then pump out any potential debris. RR anticipates that the treatment process they are instituting would prevent the need to pump out a leeching facility. RR notes the Stormwater Operations and Maintenance Manual compiled for the project. SM suggests that, with a designed system like this, it be done by a professional and a copy of the report be sent to the Commission. BG suggests putting it on the plans. BG suggests that the project be continued to the next meeting to give the Commission more time to look over the calculations. SM moves to continue to the October 24", 2023 public hearing. KP second. Approved 6-0-0. 9. Request for Certificate of Compliance _ 9a. 3750 Main Street, TBL# 76-2012. 126-62. Maureen Alston & Rita DeMarco. Bill Grafton (BG) states he has held extensive meetings and site visit with the property owners and spoke to numerous Town department personnel about the subject site. The project is a rather unique Town Bylaw Only wetland that receives some drainage from the Town, some from the State and some from nature. BG states that the wetland which is a vegetated drainage basin has been cleaned up tremendously, and confirms that they completed the approved site work with several approved Minor Change To Plan as well, for example, moving trees from point A to point B within the site. BG recommends a complete Certificate of Compliance. Page 6 of 9 Conservation Commission Meeting Minutes — October 10, 2023 Bruce Evans (BE) moves to approve a Complete Certificate of Compliance for 3750 Main Street, Town Bylaw Only TBL# 76-2012. Gary Kaser (GK) Second. Approved 6-0-0. 10. Request for Extension Order of Conditions 10a. 17 Sunhouse Path, SE9-1848. 50-36. Kevin Franck Bill Grafton (BG) states he that the location is part of the Brewster Park Club Association, of which Franck is the President. The permit expired on February 7, 2023, but received Covid-19 tolling of 462 days, having a Tolled expiration is June 3, 2024. They are submitting an extension request in advance. BG suggests a three-year extension and directing BG to follow up with the Brewster Park Club Association on other conservation permits. Gary Kaser (GK) moves to approve a 3 -year Extension OOC for SE9-1848 at 17 Sunhouse Path to October 10, 2026 and changing the applicant to Overstrand LLC. Steve McKenna (SM) Second. Approved 6-0-0. Kim Pearson (KP) recuses herself. 10b. 289 Crocker Lane, SE9-1708. 69-7. Kimberly Crocker -Pearson. Bill Grafton (BG) describes the Order of Conditions and Extension recording information. The EXT/WPA Form 7 expired on 6/27/2022, but benefits from 462 days of Tolling. The Tolled expiration date is 10/02/2023. The Conservation Department received the submittal for. the Extension Request in advance of the Tolled Expiration date. The applicant has submitted the required bond and it remains in a Town Account. BG provides greater detail on the project. The applicant has performed two beach renourishment events since 2016 in addition to the approved coastal stabilization work. The coir envelops were built 10 feet from the adjacent property according to the applicant in conformance with the approved site plan. There have been four (4) waiver requests granted by the Commission. There are two (2) Minor Change To Plan that add snow drift fence at toe of bank and landward of the drift fence which is beneficial. Special Condition A28 provides a requirement for the applicant and/or applicant's representative to return to the Commission to discus field conditions and calibrate the erosion rate to set the future compensatory beach renourishment cubic yardage every three years. BG suggests a three-year extension and direct the Conservation Administrator to follow up on Special Condition A28. Gary Kaser (GK) moves to approve a 3 -year extension order of conditions for SE9-1708 at 289 Crocker Lane to October 10, 2026 and direct the Conservation Administrator to include notes in the cover letter regarding the requirement to satisfy Special Condition A28 by February 1, 2024. Ron Slowek (RS) Second. Approved 5-0-0. Kim Pearson (KP) returns to the meeting. Ron Slowek (RS) recuses himself. 10c. 0 Holly Ave, SE9-1830. 125-91, Robinwood HOA. Bill Grafton (BG) has had extensive experience working with the Presidents of the Robinwood Homeowner Association (HOA). BG suggests that the Commission provide a full 3 -year Extension OOC so that the HOA can organize their closure documents and any final plantings. The structure a landing to Owl Pond is complete and looks fantastic. The question is how do they get some form of stability and finalization of the mitigation plantings. Gary Kaser (GK) moves approve a 3 -year Extension OOC for SE9-1830 at 0 Holly Avenue. Steve McKenna (SM) Second. Approved 5-0-0. Kim Pearson (KP) recuses herself. Ron Slowek (RS) returns to the meeting. 10d. 64 Bates Lane, SE9-1865. 68-33. John & Randi Hoffman. Bill Grafton (BG) met with homeowner, Randi Hofmann and performed a site visit. BG is scheduled to meet with the contractor, Ponderosa Landscaping, for the precon meeting as is required and to ensure the permitted project is known to Page 7 of 9 Conservation Commission Meeting Minutes — October 10, 2023 all parties, as the property is on Myrick's Pond and has a narrow window for Vista Pruning. BG suggests a three-year extension. GK moves to prove a 3 -year Extension Order of Conditions for SE9-1865 at 64 Bates Lane. RS Second. Approved 5-0-0. Kim Pearson (KP) returns to the meeting. 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. Christopher Senie (CS) Attorney for the Property Owner, Stephan Brown and David Schlessinger (DS), Property Manager present. CS describes a brand new set of revised plans that are close to next to final set, but which was only submitted today. CS would like to continue for two -weeks and have BSC Group, the engineering firm, in attendance, so they can present the plans from respective disciplines. Now that plans are prepared CS is better able to address and draft the details into the Stipulated Consolidated Order (SCO), and received language from Matt Creighton (MC) with BSC Group to make the SCO better, which CS used to redraft and sent to Alex Weisheit (AW), Town Counsel. AW did not feel prepared to comment for this meeting. CS and TJ Hurrie (TH), Attorney for the neighboring property owner, Michael Jardus, have opened a very constructive communication. CS provides TH all materials which are submitted to the Commission. CS requests a two-week continuance. TH confirms that CS has been copying him, and that he received the most recent mapping revisions this morning. TH hasn't had time to review but is looking forward to providing comment at a future date. Kim Pearson (KP) moves to continue to October 24, 2023 Commission Public Meeting the matter of 2628 Main Street. Gary Kaser (GK) Second. Approved 6-0-0. Bruce Evans (BE) recuses himself. 12. Request for Minor Change to Plan 12a. 660 Villages Drive, SE9-1951. 75-13. Ocean Edge Resort LLC. Tom Devane (TD) from Ocean Edge and Craig Sullivan (CS), Gold Course Superintendent at Ocean Edge, present representing the property owner. They are requesting a Minor Change to Plan (MCP) for the vegetative management program that the Commission previously approved. TD is asking that the approved protocol be changed on Hole 8 only, between 0 and 50 ft of wetlands. The approved Order allows Ocean Edge to clear the area by hand and the previously cleared 50-100 by machine. Once that was complete, they noticed area in 0-50 is very dense and tall, which makes it extremely difficult to cut by hand. TD is asking to mechanically cut one time in the 0-50 foot setback with low ground pressure machine with eight wide tires that distribute weight of machine. TD describes that the area previously cut with the machine shows no disturbance to soil. Therefore TD would like to use the machine for one initial cutting in the 0-50 ft on the eighth golf hole. BG describes his site visit with TD & CS. He agrees that the vegetation at the eighth hole is difficult to effectively cut by hand in its current state. BG states his only concern is the steep nature of a portion of the 0-50 foot setback. BG notes that CS has talked to Ryan Burch (RB), the Assistant Natural Resources Director about using the tool mentioned as RB uses similar equipment for Town fields under periodic maintenance. BG notes that the time of year constraint is April 151' thru August 15°i each year and that the bird nesting habitat study identified around five (5) nests, which appear abandoned at the time of the study. BG believes allowing an one-time machine mowing is reasonable. Kim Peason (KP) asks if the applicant will remove what is cut or leave it in place? TD confirms that they intend to remove what is cut, per the Special Conditions. Page 8 of 9 Conservation Commission Meeting Minutes — October 10, 2023 KP moves to approve the Minor Change to Plan for SE9-1951 at 660 Villages Drive, Fairway 8 for the one time mowing with a brush mower in the 0-50 foot setback. Gary Kaser (GK) Second. Approved 6-0-0. 13. Request for Administrative Review 13a, 432 Blueberry Pond Drive, 89-44. Linda Young. New AR 23-13. Lindsey Young (LY) landscaper for property owner describes two (2) existing paths to Blueberry Pond which are slightly overgrown. LY Proposes to push edges back out of main portion of path by hand and walk -behind mower. Bill Grafton (BG) notes that the contours are flat. Mike Tobin (MT) asks if the path is a grass path? LY confirms and adds that it is stable and that he believes that nothing they would do in cleaning it up would destabilize it. Burce Evans (BE) moves to approve the Administrative Review #23-13 for maintenance of existing footpaths. Kim Pearson (KP) Second. Approved 6-0-0. 16. Matters Not Reasonably Anticipated by the Conservation Commission Chairman 16a. Kim Pearson (KP) asks Bill Grafton (BG) to remind the Commission that, on October 12, 2023, the Natural Resources Advisory Commission (NRAC) is having Center For Coastal Studies guests publicly present a tri -Town coastal stabilization study that is underway. KP adds that the Town has a Coastal Zone Management (CZM) Intermunicipal Grant to collect data on shoreline from Dennis, Brewster and Orleans. October 12, 2023 is the first public report that they will present on the data that they have gathered so far. KP notes a concern that if three additional Conservation Commission Members attend, the Commission will need to call a meeting to order. The Commission counts who intends to attend. Should minutes need to be taken the these can be doubled off of the NRAC minutes. Steve McKenna (SM) notes that, because his organization is funding the project, he will have to recuse himself as a Commissioner, and his attendance would not count towards a quorum. Ron Slowek (RS) wants to attend. Bruce Evans (BE) plans to attend. KP is on the NRAC. SM will attend, but recuse himself. BG notes that other Towns have done similar studies. 18. Next Meeting: October 24, 2023 19. Adjournment Bruce Evans (BE) moves to adjourn. Gary Kaser (GK) second. Approved 6-0-0. Meeting adjourned at 7:31 PM. Respectfully Submitted, Cassandra West, Senior Department Assistant Page 9 of 9 Conservation Commission Meeting Minutes — October 10, 2023