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HomeMy Public PortalAboutConservation Commission -- 2023-11-14 MinutesCONSERVATION 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 APPROVED 01/23/2024 Town of Brewster Conservation Commission Vote: 5-04 MEETING MINUTES 4 2198 Main Street - November 14, 2023 6:00 PM -K14,14 The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream :livestream.brewster- ma.aovl. or Video recording (tv.hrewster-ma.00v). Commissioners Present: Chair Michael Tobin (MT), Vice -Chair Casey Chatelain (CC), Bruce Evans (BE), Kimberly Crocker Pearson (KCP), Ron Slowek (RS), Steve McKenna (SM), Commissioners Absent: Gary Kaser (GK) Staff Present: Chris Miller (CM), Bill Grafton (BG), Cassandra West (CW) 1. Call to Order: 6:00 PM 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 Steve McKenna (SM) recuses himself and leaves the room. Ron Slowek (RS) recuses himself as he is an Abutter. 6a. Conservation Restrictions (2) Satucket Road, (1) Squantum Path, Hinckley Pond & (1) Anglers Cartway, for Commission recommendation & determination — Mark Robinson Mark Robinson (MR), Executive Director of the Compact of Cape Cod Conservation Trusts (The Compact). MR hands out a packet to the Brewster Conservation Commission (the Commission). MR representing the Compact, Orenda Wildlife Land Trust and Brewster Conservation Trust to seek the Commission's review and support of several conservation restrictions to be recorded by the end of the year. These are statutory restrictions under Chapter 184 Subsection 33 of the Massachusetts General Laws, required primarily to comply with funding requirements for state grants or Town Community Preservation Act funds. MR previously provided Conservation Administrator Bill Grafton (BG) with basic LOCUS maps, background and suggested motions for each property. MR provides detail on 404 Satucket Road, owned by the Ker Family, and their LLC: Bon Accord LLC. which is a long strip of land owned from Satucket Road down to Upper Mill Pond. The Compact has been working with the family for a sale of the property, which requires a Conservation Restriction. The Commission would be asked to make a recommendation to the Select Board. MR describes the location of the property. Kim Pearson (KP) moves to support the request of The Compact of Cape Cod Conservation Trusts to have the Select Board approve this conservation restriction for 404 Satucket Road. Casey Chatelain (CC) second. Approved 4-0-0. Page 1 of 13 Conservation Commission Meeting Minutes -November 14, 2023 wsr>a,;, p NCOAVUP„lE� � \. �•.. �Pl. 17. 1la2 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 APPROVED 01/23/2024 Town of Brewster Conservation Commission Vote: 5-04 MEETING MINUTES 4 2198 Main Street - November 14, 2023 6:00 PM -K14,14 The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream :livestream.brewster- ma.aovl. or Video recording (tv.hrewster-ma.00v). Commissioners Present: Chair Michael Tobin (MT), Vice -Chair Casey Chatelain (CC), Bruce Evans (BE), Kimberly Crocker Pearson (KCP), Ron Slowek (RS), Steve McKenna (SM), Commissioners Absent: Gary Kaser (GK) Staff Present: Chris Miller (CM), Bill Grafton (BG), Cassandra West (CW) 1. Call to Order: 6:00 PM 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 Steve McKenna (SM) recuses himself and leaves the room. Ron Slowek (RS) recuses himself as he is an Abutter. 6a. Conservation Restrictions (2) Satucket Road, (1) Squantum Path, Hinckley Pond & (1) Anglers Cartway, for Commission recommendation & determination — Mark Robinson Mark Robinson (MR), Executive Director of the Compact of Cape Cod Conservation Trusts (The Compact). MR hands out a packet to the Brewster Conservation Commission (the Commission). MR representing the Compact, Orenda Wildlife Land Trust and Brewster Conservation Trust to seek the Commission's review and support of several conservation restrictions to be recorded by the end of the year. These are statutory restrictions under Chapter 184 Subsection 33 of the Massachusetts General Laws, required primarily to comply with funding requirements for state grants or Town Community Preservation Act funds. MR previously provided Conservation Administrator Bill Grafton (BG) with basic LOCUS maps, background and suggested motions for each property. MR provides detail on 404 Satucket Road, owned by the Ker Family, and their LLC: Bon Accord LLC. which is a long strip of land owned from Satucket Road down to Upper Mill Pond. The Compact has been working with the family for a sale of the property, which requires a Conservation Restriction. The Commission would be asked to make a recommendation to the Select Board. MR describes the location of the property. Kim Pearson (KP) moves to support the request of The Compact of Cape Cod Conservation Trusts to have the Select Board approve this conservation restriction for 404 Satucket Road. Casey Chatelain (CC) second. Approved 4-0-0. Page 1 of 13 Conservation Commission Meeting Minutes -November 14, 2023 MR describes 0 Satucket Road. The Lambertus Family recently donated land to The Compact, for a state tax credit. The property protects the watershed to the Upper Mill Pond as well as the well fields nearby. MR hopes the Commission will support a motion to the Select Board. KP moves to support the request of The Compact of Cape Cod Conservation Trusts to have the Select Board approve this conservation restriction for 0 Satucket Road. CC Second. Approved 4-0-0. MR describes the 0 Squantum Road property, which adjoins the Punkhorn. The Brown Family Trust has made a series of gifts of land and Conservation Restrictions to Brewster Conservation Trust and and Harwich Conservation Trust adjoining the Southeast end of the Punkhorn. This latest donation includes the house on top of the bank to Hinckley's Pond, and about four acres of pine woods out to Squantum Wood. This is a straightforward donation of Conservation Restriction, and MR hopes that the Commission will make a motion to endorse the project to the Select Board to approve. KP moves to support the request of the Brewster Conservation Trust and Harwich Conservation Trust to have the Select Board approve this conservation restriction for 0 Squantum Road. CC Second. Approved 4-0-0. MR describes 0 Anglers Cartway, for which the Town is being asked to hold the Conservation Restriction through the Conservation Commission. The funding source being the Community Preservation Fund of the Town of Brewster, approved by a Special Town Meeting vote in November 2022. MR describes the pine oak woods out near Baker's Pond Conservation area. MR describes the motion would be to accept the Conservation Restriction and to sign it on behalf of the Conservation Commission and to endorse the approval of the Select Board. Bruce Evans (BE) moves to accept the conservation restriction on land owned by the Brewster Conservation Trust at 0 Anglers Cartway and to have the Select Board approve this Conservation Restriction. The Conservation Restriction provides significant public benefit by preserving pine -oak forest wildlife habitat and adding to the 2 -mile public walking trail at Bakers Pond and also authorize the Conservation Administrator to communicate this endorsement to the Select Board. KP Second. Approved 4-0-0. Mike Tobin (MT) advises MR that the State approval process has been backlogged. Ron Slowek (RS) returns to the meeting. Steve McKenna (SM) returns to the audience representing Coastal Zone Management and recuses himself as a Commissioner. 6b. 91 Carver Road, SE9-1672 Pfannenstiehl waiver request beach renourishment — Mark Burgess. Mark Burgess (MB) of Shorefront Consulting, representing Craig Pfannenstiehl (CP), the property owner, who is present. MB details the property under an Order of Conditions (OOC)/SE9-1672, requiring annual nourishment of the beach. The initial nourishment was performed when the revetment was repaired. After that point, nourishment has not been done on the property. Since then, the OOC has been extended, and an application for a new extension was submitted yesterday. MB describes his understanding that the beach nourishment was not done last year, and that a report due this year was not completed by the company that has historically provided them. MB was brought on 3 months ago and describes a visit to the site and a comparison of previous reports, providing details on site observations, and his professional recommendation to waive the beach nourishment requirement for this year. MB cites Greg Berman's (GB) report submitted for the initial Notice of Intent (NOI). Using Greb Berman's erosion rates, MB believes that the nourishment suggested is too much. MB cites part of the OOC that includes trigger points for nourishment, noting that the trigger points haven't been activated. MB recommends that there should be more plantings on the western side, where the revetment and stairs are. MB suggests that the nourishment does not need to be completed at this time, and to reassess in March. Bill Grafton (BG) describes his meetings and communications with CP and MB. BG states that GB, SM from the Massachusetts Office for Coastal Zone Management (CZM) and Chris Miller (CM) from the Department of Natural Resources, were asked to provide feedback on the 2023 annual monitoring report and waiver request. 2of13 Conservation Commission Meeting Minutes —November 14, 2023 Casey Chatelain (CC) comments that while snow fencing might be covered at this point, she is hesitant to grant the waiver, especially after acknowledged years of no nourishment. She notes that renourishment is about the transport of sand up and down the coast, not just the one location. Mike Tobin (MT) notes that CZM recently presented and likened renourishment to depositing in a financial bank. Kim Pearson (KP) adds that nourishment is a proactive process, and not a reactive process. If sand isn't needed at a particular location, the requirement can be fulfilled at another location. Ron Slowek (RS) reiterates the benefits of beach renourishment, and states his opposition to the waiver. Bruce Evans (BE) would follow the expert recommendation. MB reiterates that his recommendation to waive the nourishment requirement due to his concern for the Salt Marsh being buried by over nourishment in this specific location and his belief that utilizing trigger-points mimics the natural process of erosion. Chris Miller (CM) informs that the department is in the middle of a two-year grant with CZM looking at shoreline management. CM understands MB's comments, but notes that they have a man-made alteration to the coastal bank which interrupts the natural erosion of the coast. CM agrees that, ideally, smaller and more frequent renourishment would be provided, but that it's not practical or affordable for property owners. Steve Mckenna (SM) on behalf of CZM addresses the potential impacts on the Salt Marsh. While it is legitimate, it's usually associated with large dredging projects, or an over wash on a barrier beach. Here, due to the fronting beach and high energy environment, any nourishment material put out would be quickly dispersed. He doesn't believe there is any threat of impacting the Salt Marsh. MB notes that, separate from tonight, he will continue to work with BG to develop an improved renourishment plan. Craig Pfannenstiehl (CP) notes that the revetment was installed by the Army Corps of Engineers before the Commission existed. Back in the 2015 Berman reports, he recommended trigger points and only burying the tail ends of revetments not burying drift fences. CP understands multi-year process and averages, but he does not believe the requirement is practical right now, and that he is looking for a one year waiver. BG provides context on the renourishment for this property and the nourishment requirements. He believes the nourishment should be done, and would like to work with CP to accomplish it, rather than undertake enforcement. KP requests CM speak about the option of putting renourishment in other location. CM, through the chair, details that previous small properties have put renourishment at Ellis landing, as opposed to their specific property, so that it still gets into the system. Performing nourishment this way is more affordable for everyone. BG supports providing nourishment at different locations within the system of which an applicant's property is a part. MB suggests that they will submit a Request To Amend the Order of Conditions. KP moves to Vote to deny the waiver based on the Order of Condition Special Condition requirements, expert input and the performance standards associated with the resource areas. RS Second. Approved 5-0-0. Steve McKenna returns to the meeting. 6c. Discussion for Coastal Stabilization Work Meeting — Commissioners Bill Grafton (BG) has been talking to Steve Mckenna (SM) as a Massachusetts Office for Coastal Zone Management (CZM) representative about the dynamics of field activities and annual monitoring for beach renourishment requirements. BG notes especially the need for the Commission to decide on the requirement of annual monitoring versus self - verification reporting. He notes the need to address Special Conditions and site plan requirements, incorporating recent 3of13 Conservation Commission Meeting Minutes — November 14, 2023 CZM feedback and local input. It's been recommended that the Commission hold a workshop; he suggests sometime in December. SM adds that, while he is happy to give an expert opinion amd believes that policy issues must be decided by the Commission. He believes that a workshop meeting would be useful. Chris Miller (CM) Director of Natural Resources, offers that the Department has a draft memo that has been produced as a result of the three -town study, which talks about nourishment and gives a little more guidance. He believes that it's a good idea for the Brewster Conservation Commission to weigh in and get the other two town's votes to build a unified approach so that the whole of Cape Cod Bay is being addressed based on the science. Kimberly Crocker -Pearson (KCP), through the chair, notes that, in the next year or two, there will be a coastal resilience bylaw draft coming down from the Cape Cod Commission. While a draft has been out for two years, Brewster has not really addressed it in Town as yet. CM reiterates that this evaluation of requirements is a good first step to ensuring that the entire littoral cell between Dennis and Orleans is treated in the same way. The Commission discusses how to determine a day and time for the workshop meeting. BG will follow up via email and phone outreach to find the best day and time. 6d. Update from Conservation Administrator on Wetlands Protection Fund Expenditures and Results — Bill Grafton Bill Grafton (BG) describes the Commission's June 13, 2023 ratification for expenditures from Wetlands Protection Fund and their implementation to initiate a filing system modernization. The Department has created a Master Inventory of Conservation Permits, and has started ongoing input of the existing permits so that they can be searchable and details as well the ongoing work to organize complete internal files both physically and digitally introducing an orderly and complete standardization system for each Conservation permit project jacket. The funds have also been allocated to address the backlog of meeting minutes as a result of Conservation staff turn over. BG provides the Wetland Protection Act budget and the expended amount. He thanks the Commission for their support. 6e. Draft Feb 14, 2023 Meeting Minutes for Review & Ratification by Commissioners. Bill Grafton (BG) distributed the meeting minutes to the Commissioners. Casey Chatelain (CC) provided a comment to BG which has been incorporated so the minutes should be approved as edited. Bruce Evans (BE) moves to approve the minutes of the February 141 meeting as edited. Kim Pearson (KP) second. Approved 6-0-0. 6f. Draft Feb 28, 2023 Meeting Minutes for Review & Ratification by Commissioners. Bill Grafton (BG) distributed the meeting minutes to the Commissioners and received no comments. Bruce Evans (BE) to approve the minutes of the February 281 meeting as prepared. Kim Pearson (KP) second. Approved 6-0-0. 6g. Draft Mar 14, 2023 Meeting Minutes for Review & Ratification by Commissioners. Bill Grafton (BG) distributed the meeting minutes to the Commissioners and received Casey Chatelain (CC) comments which have been incorporated so the minutes should be approved as edited. Bruce Evans (BE) moves to approve the minutes of the Marcg 14' meeting as edited. Kim Pearson (KP) second. Approved 6-0-0. 4of13 Conservation Commission Meeting Minutes —November 14, 2023 6h. Draft Mar 28, 2023 Meeting Minutes for Review & Ratification by Commissioners. Bill Grafton (BG) distributed the meeting minutes to the Commissioners and received no comments. Bruce Evans (BE) to approve the minutes of the March 28th meeting as prepared. Kim Pearson (KP) second. Approved 6-0-0. 8. Notices of Intent, Request For Amended Order of Conditions and Abbreviated Notice of Resource Area Delineation —_ — 8a. 104 Canoe Pond Drive, SE9-1952.24-60 (36-230). Continued public hearing. Hongying Xie Revocable Trust - 2012. Continuation Requested. The Applicant has requested a continuation to the December 12, 2023 BCC public meeting. Steve Mckenna (SM) moves to continue the hearing for 104 Canoe Pond Drive, SE9-1952 to the December 12, 2023 Commission Public Meeting. Kim Pearson (KP) second. Approved 6-0-0. 8b. 83 Dune Road, SE9-1960.79-35. Whitcher. New Public Hearing. Jonathan P & Bonny Whitcher propose vista pruning & restoration work to remove & manage instances of invasive, nonnative, & aggressive vegetation within the 50 -foot buffer zone of a coastal bank & coastal dune. Lauren Taylor (LT) and Nick Crawford (NQ with Crawford Land Management (CLM) present representing the applicant. LT describes the property and resource areas, a coastal bank and it's buffer zone and the buffer zone to a coastal dune. She describes that the new owners inherited an enforcement order for illegal cutting work, their undertaken remediation actions, resulting in the enforcement order being closed. The owners are now proposing vista corridors facing the water in a manner that preserves the long-term health of the vegetation. The proposal includes two view corridors. A lower -level view corridor, facing west, would entail removing several younger trees and replacing them with native shrubs, which would supplement the understory and increase biodiversity. LT notes that, due to the heavily wooded nature of the lot, the proposed corridors are not wide enough to restrict the movement of wildlife. LT describes the upper- level view corridor on the eastern side is divided into pruning zones to minimize pruning needed to achieve a view. She notes that the plan includes the heights that existing trees would need to be maintained. Only two trees anticipated to be removed, because they can't be pruned and maintain health and height. These two trees would be replaced with shrubs. LT proposes management to control invasives like shrub honeysuckle and oriental bittersweet and prevent them from eventually outcompeting the native plantlife. She also notes the existing sand pathway lined with timber ties, proposing to replace ties to maintain pathway as is so that it continues to be safe and functional. LT is hoping to arrange a meeting with the Commission so that they can explain the proposed work on site. Bill Grafton (BG) comments on the extensive history in regard to enforcement order from prior owner cutting excessive trees and additional enforcement orders associated with the current owners followed ultimately by the new owner restoring the coastal forest and detailing the permitting steps undertaken by the new owner to become compliant including successful restoration of the removed coastal forest cover. BG suggests that the Commission go to see the property. BG looked at both the John O'Reilly stamped site plan and the Crawford Land Management, noting that they show two tops of banks, as opposed to toe of the coastal, bank and top of the coastal bank. Both plans need to depicted this as well as the 100 -foot buffer from the coastal dune. BG cites 310 CMR 10.28 3b: disturbing vegetation cover so as to destabilize the dune is not allowed on dune or within 100 ft buffer to dune. BG notes the 100 -ft buffer on the floodplain is not depicted. BG states that the removal of tree on the lower level don't add up on the plan and table, and that the table appeared to be more accurate than the depictions on the CLM site plan, based on his field observations. BG notes a brick patio not addressed by CLM, and that any work offsite would require permission from the Sea Pines Neighborhood, the owners of the adjacent property. It is uncertain if the patio has been permitted, and that he would need to reviewed. BG addresses the proposal to replace the path, which was previously permitted in SE9-1470. He notes that the Commission will need to determine if the path needs to be discussed again. BG notes that a depiction of the dune 5 of 13 Conservation Commission Meeting Minutes —November 14, 2023 delineation is needed for the purpose of this conservation permit application and if any future structure were to come before the Commission. Mike Tobin (MT) notes that the Commission may not be able to all meet on site, but that each Commissioner should make sure they perform a site visit. BG would like to schedule a group site visit with the Commission and CLM. Chris Miller (CM) notes that the Crawford Land Management aerial shows the dune, and that the Commission may want to have CLM stake the coastal dune before a Commission site visit. BG agrees that a stake at the 50 -ft buffer zone and the 100 -ft buffer zone to the coastal dune would be useful. Ron Slowek (RS) has been to the site and walked it and thinks that it's excellent that everyone go out and walk it. It's not a minor vista pruning. Kim Pearson asks about which buffer zone the tree -cutting is proposed? BG notes that the majority of the proposed pruning and cutting will occur in the 50 to 100 -ft buffer zone to the coastal and also a portion of the coastal dune 100 -foot buffer zone. Casey Chatelain (CC) believes that the alternatives analysis is insufficient. CC wants to know what it will like if vista pruning is performed instead of cutting trees down. Can we achieve project goals while also preserving the interests of the Wetlands Protection Act and the Town Bylaw to the maximum extent possible. Steve Mckenna (SM) suggests including a phased approach in the alternatives analysis progressively returning to the Commission with reports and permission to advance upon successful completion of each phase. CC identifies that the survey point for the brick patio on the plans shows that it goes onto private property already. She notes that, should the Commission permit replacing the patio in kind, it would need to be shifted off the private property or obtain permission from the property owner, the Sea Pines Neighborhood to perform work on their property. LT notes that the intent behind replacing the patio was that it made sense to replace everything in kind alongside the rotting timbers, which need to be replaced. The Commission will continue, so that they can perform a site visit. BG suggests a month. LT agrees that they can also take care of additional staking mentioned. MT requests LT to make sure to mark the trees intended for removal. Bruce Evans (BE) moves to continue public hearing for SE9-1960 associated with 83 Dune Road to December 12, 2023. Steve McKenna (SM) second. Approved 6-0-0. 9. Request for Certificate of Compliance 9a. 34 Sea Meadow Lane, SE9-1829. 37-98. Michael Dennis Properties. Bill Grafton. (BG) states that the applicant's representative approved the continuation to allow the Conservation Administrator time to review the submittal. Steve Mckenna (SM) moves to continue the Request for Certificate of Compliance 34 Sea Meadow Lane, SE9-1829 to December 12, 2023. Casey Chatelain (CC) second. Approved 6-0-0. The applicant, Michael McDade (MM) for 34 Sea Meadow Lane asks for the reason that the request was continued? BG contacted the staff at Ryder Wilcox, who contacted David Lyttle (DL), MM's consultant for approval for the continuation, which DL provided. B G was unable to contact the applicant directly in advance of the meeting. 9b. 30 Swift Lane, SE9-1490. 69-97.30 Swift LLC. 6of13 Conservation Commission Meeting Minutes —November 14, 2023 Bill Grafton (BG) provides details on the required beach renourishment, which .have been incorporated into a new plan and Order of Conditions/SE9-1868. The prior submittal of a Request For Certificate of Compliance that was denied followed by submittal of a new Notice of Intent and Order of Conditions replacing SE9-1490. The RCOC was accompanied by a Certified Plot Plan and substantial compliance letter from his consultant. BG suggests approving a complete Certificate of Compliance for SE9-1490 as the approved OOC/SE9-1868 replaces SE9-1490 Bruce Evans (BE) moves to approve a complete Certificate of Compliance for SE9-1490 associated with 30 Swift Lane. Kim Pearson (KP) second. Approved 6-0-0. 11. Show Cause I la. 2628 Main Street, 89-14 (15-113-2). 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) and David Schlessinger (DS) present representing the property owner along with Kieran Healey (KH) and Matt Creighton (MC) of BSC Group and Town attorney, Alex Weisheit (AW). CS identifies the work on the legal document, the Stipulated Consolidated Order as well as the latest set of plans dated October 16, 2023. The goal is to have a discussion on how close the Commission feels the applicant's team is and come away with a punch list for the restoration plan and the legal document. Bill Grafton (BG) identifies the Stipulated Consolidated Order which spells out how the enforcement orders can be progressively dissolved with agree to deliverables through the court process. BG thinks this product is closely aligned with the BSC Group plans. The Commission also has been provided an Existing Conditions plan with a wetland delineation performed by MC and Brad Holmes (BH), ECR and reviewed by BG, and a Restoration plan set, including a temporary culvert maintenance plan. BG describes in detail the feedback, planning and revisions that have gone into the BSC Group plan and believes it will be helpful to provide the team with a punch list so that they can see feedback on the products thus far. Casey Chatelain (CC) references the existing conditions, noting a troubling realty listing that cites the selling point of a perennial stream in the back of the property, considering the Commission's debate about whether the stream in question is a perennial or intermittent stream. Mike Tobin (MT) suggests that it might be best to leave the stream listed as an unknown on the plan. If something comes forward with a Notice of Intent, to address it then. Chris Miller (CM) does not think that it is necessary to differentiate the stream until a new application comes in for the property. Defining riverfront isn't going to define activity in the north of the parcel. BG cites the protocols in regards if a new application were submitted then it could become a complication. Thus, BG suggests that the necessary language should be detailed on the Existing Conditions plan to clarify that the stream is `undetermined'. BG suggests a motion to accept the existing conditions plan and wetland delineation, pending revisions clarifying that the Commission is not making a determination on the perennial stream at this time. CC moves to approve the Existing Conditions plan, which includes the delineation of resources areas, with the revision regarding perennial stream as "undertermined", for 2628 Main Street to be submitted by 12 noon, Friday, November 17, 2023, Ron Slowek Second. 6-0-0. Mike Tobin (MT) requests Town Counsel for his opinion on the Stipulated Consolidated Order. Town Counsel explains the cooperative work in drafting the document, and that he is satisfied with the terms in the present form. The Stipulation as drafted has all the milestones that the Commission requires. The only thing to address tonight is the timeframes for completion of various items, which can be negotiated down the road. 7of13 Conservation Commission Meeting Minutes —November 14, 2023 MC describes the 1-60 scale Restoration Plan, starting at Area One, described as a walking trail with a culver that leads into area two. In Area One and Two, they are Iooking to remove the walking trail and culvert and revegetate. Fill was identified during a site visit, which will be removed. Area Three is currently being used as a fruit orchard. The proposal is to leave that area as an orchard and designate as a hand -tool only workspace. Plowed soils were found in the area. In the northerly part of Area Four area, there are chairs and a sitting area. They discussed pulling it out and letting it all grow back, and adding Conservation Markers. Area Five has some fill which they are looking to remove and restore that area, which will need a planting plan. MC wants to check with BG about whether the location is as BG and he discussed. Area Six does not require restoration planting but should allow for hand removal of invasive and opportunistic species. Area Seven was originally a `do not touch' area due to the abutting property owner. CS discussed the option to perform hand removal of invasive species with the abutting owner's attorney, who agreed. MC notes an added a line to notify the owner or agent prior to doing work. Conservation markers will be placed around that section as well. Area Eight had debris removal, mulching and allowing it to grow back naturally. MC notes that part of the area already started back during the site visit. The area could be planted with natives species approved by Conservation Commission down the road. BG adds that Areas Four and Seven are not far from the Cape Cod Rail Trail. In these areas, the concept was to close it off, let it naturally rejuvenate with an option for planting and aggressive plant vegetative management. BG doesn't see a need for required planting in these areas, suggesting that they be closed off with conservation markers. DS and CS thought they may want to do some optional vegetative management, which BG needs to leave to the Commission to finalize. BG describes in detail the restoration plan, area by area, noting that all the majority of the restoration is happening around the culvert as well as fill removal from two designated areas. BG lists his suggested plantings for the restoration and confirms that the applicant can't go forward until the Commission accepts these plans, and so now is the time for Commissioners to provide their feedback. MT asks about the cottage in the middle of the wetland? BG identifies that it is unpermitted. CS doesn't know what it's used for. MT asks about the proposed replacement of a culvert with a 6 -ft wide wooden bridge? MT suggests reducing the size of the bridge, which will reduce motor vehicles going through the Wetland. MT major concern with the restoration areas is the one with the culvert. He does not have a problem with invasive management on its own. If the applicant takes invasives out in the area near the Jardus property, MT would like to see some plantings put in with conservation markers and advanced notification to the Conservation Administrator and abutter. CC notes that in Area Three, she doesn't consider the proposal of the continued use of an existing fruit grove as restoration. She would like to have conversations about whether the Commission is willing to accept this. Chris Miller (CM) notes that the conservation markers aren't marking the 50 -foot buffer, but the actual resource area. CM suggests delineating the 50 -ft buffer with markers as well, in order to keep activity north of that. CM suggests that the size of a path depends on what the trails are used for. Before the Commission approves trails that may be used by quite a few people on motorized bikes, they need to know if applicant will be allowed to have a bike trail through the State land abutting the Brown property onto the rail trail in that area. CM notes that, the applicant eventually we'll be dealing with the culvert that was replaced. At some point, there will be 15 -ft of fill in a stream that needs to come out. CM suggests that the Commission should give feedback now so that applicant knows what to do with it when the time comes. CS doesn't know with any detail how the paths will be used. Rail Trail bike traffic has been discussed. While the property is on sale now, it is hard to know at this time how many paths are needed and what their purposes are. CS thinks that it is reasonable to designate now where vehicles are not allowed to go. CS notes that Area Seven can be addressed however the Commission likes. All present discuss previous expectations for and the conditions of Area Seven, Steve Mckenna (SM) and Ron Slowek (RS) state they agree with BG about the Area be designated a no -touch zone. CM asks if the Commission would allow a future application to do something like invasive management? MT confirms that `No -touch' means any activity would need a separate application submittal for the proposed work/activity. 8of13 Conservation Commission Meeting Minutes —November 14, 2023 BG notes that Town Counsel does not recommend recording any enforcement order as a practice. BG recommends that strict standards for the Conservation Markers and no -disturbance will make any future interpretations necessary to return before the Commission for review, deliberation and determination. MT informs CS that for Area Three, the Commission wants to know exactly what's there, what the plan is, and the planned use for that area and reqiest more detail on each area and the restoration plan for it. BG recommends that the Commission took specifically at Areas One, Two, Five and Eight, because they are around the culvert and provide specific direction. CM gives the Commission examples of the types of specific directions that the Commission can and should give at this point. RS directs that the unpermitted shed structure has to go and would also like the plans to identify trail use, but would like to know the trail use via why type and what width. For now, he would like to identify whether the use will be motorized or not. CC believes the Commission can inherently limit what goes on those paths by limiting width of bridge, for example, you can't get a tractor on a 3 -ft wide bridge. KH asks to allow 4 -ft. MT asks KH to identify where they might want a tractor to be able to go. Kim Pearson (KP) inquires about the timeline for the sale. CS identifies that the owner would like to transfer the property in early 2024. KP suggests that the Commission prioritize the basic restoration actions. To that end, KP thinks the culverts are the highest priority that need to be accomplished, and maybe some plantings in Area Eight. CS can't sell the property until the buyer sees a recorded Stipulated Consolidated Order in front of them, detailing what they are and aren't allowed to do. KP states that the wetland delineation markers will be an important piece. CM suggests the Commission identify what plantings, where, and when the earliest that plants can go in the ground. While the planting may happen after the sale, it needs to be depicted and detailed on the site plan and Stipulated Consolidated Order. DS identifies that there are some questions that need to be answered by the Commission for them to move forward. For example, the maintenance of the culvert needs to be defined, in terms of what type of maintenance the Commission wants to see, as the Temporary Improvement Plan does not have many details. He additionally states that the Restoration areas need to be defined so that they can incorporate the Planting Plan into the Restoration Plan. DS notes the idea to incorporate photos into the plan. DS addresses the walking bridge, and notes that the walking path contributes to property value that they are trying to protect for the owner. Even a four foot bridge would be fine. BG offers language the Commission can consider. DS addresses the fruit orchard as three to four years old apple trees, which are about 6 ft tall. CC suggests making sure the existing stream crossing meets Massachusetts Stream Crossing Standards. She agrees with the removal of the unpermitted cottage. She requires revegetation of native species in the place of the cottage. CM notes that, on the Existing Conditions Plan, it is difficult to see which walking trails they really want to maintain. He suggests the applicant define which walking trails to maintain which would make it easier for the Commission to make a determination. KP notes that BG identified One, Two, Five and a portion of Eight as being priority restoration areas. KP would endorse that those be priority areas for restoration. 9of13 Conservation Commission Meeting Minutes —November 14, 2023 MT would like to see Areas One and Two combined as one area. MC asks that, for simplicity sake, he would not like to combine the two Areas, as he will have to re -assign and relabel all areas across documentation. MT concedes on that point. Steve McKenna (SM) suggests trying to maintain paths to access restoration areas. If a path is in a buffer zone or resource area without a specific purpose, let them rejuvenate naturally to vegetated areas, other than the ones necessary to access restoration areas. To SM, the orchard does not look like an active orchard, and he doesn't know that the Commission would otherwise permit an orchard in that area. KH asks about paths within the flood zone, which have no performance standards? Is SM suggesting no trails in flood zone? KH asks because the trails through the buffer zone flood zone provide access to the Rail Trial. SM confirms that the goal is a reduction of trails in Conservation jurisdiction. KP confirms that the Commission can't give permission to access the rail trail across State owned land, as it is outside of Conservation jurisdiction. CM adds that they will need State permission. BG offers language to address this, saying "no maintenance in that area, without the permission of the proper property owner." Claire Collery, potential buyer, asks for any examples of properties with restoration projects of a similar scale that have changed hands during restoration project? BG responds that historical knowledge isn't readily available at this meeting. He summarizes the Restoration Plan under discussion, noting that the property is large, but the project is manageable. Staff and Commissioners offer two other properties, 330 Main Street and 83 Dune Road, which underwent similar processes of cleaning up historic violations. BG identifies that the Stipulated Consolidated order would carry with the property until it is extinguished. Claire Collery asks about maintenance going forward. CM responds that, typically plantings require three growing seasons with monitoring reports. DS identifies language in the Stipulated Consolidated Order saying buyer is responsible. If buyer doesn't adhere to the phases, those Enforcement Orders come back on the buyer. BG affirms this. Clair Collery asks about the requirements for the realtor to disclose the restoration_ plan to potential buyers? Commission agrees that the questions is beyond the scope of the Commission. CS responds that, in order to list a property the seller made disclosures about the property, which the broker has available. There should be disclosures within the listing itself. The broker has to reveal this and CS expects that any potential buyer will want to get familiar with these documents. T.J. Hurrie (TH) representing Michael Jardus (MJ), immediate abutter to property present. TH wants confirm for the Commission that MJ and TH are in favor of Conservation Commission signage in Area Seven, as well as hand tool use only for invasive removal with prior notification to the Commission and MJ. Regarding the southern portion of the property as a whole, TH strongly cautions the Commission to take a good look at any of the proposed trails in that area, which appear to be on or near buffer zones. He believes there is an access point to Southeastern trail already in existence which could provide access to the Rail Trail. When discussing restorative plantings, TH strongly encourages the Commission to put forward plans for restorative plantings as much as possible. MT is pleased to see progress. BG reminds that the existing conditions plan is due 12 noon, Friday November 17, 2023. Now we just need restoration and culvert planning. He thanks everyone for their hard work over the year. Bruce Evans (BE) moves to continue the hearing for 2628 Main Street to December 12, 2023 public meeting. CC Second. Approved 6-0-0. 10. Request for Extension Order of Conditions _ 10a. 88 The Tides Court, SE9-1810. 59-2. Gordon. 10b. 90 The Tides Court, SE9-1809. 59-1. Porter. 10c. 115 The Tides Court, SE9-1812. 58-44. Lapidus. 10d.116 The Tides Court, SE9-1811. 58-46. Olsen. 10 of 13 Conservation Commission Meeting Minutes —November 14, 2023 Mike Tobin (MT) opens all Tides Court Extension Requests. Bill Grafton (BG) details the Tolled expiration dates are all November 17, 2023, the Request For Extension Order of Conditions were submitted in a timely manner. The property owners had some non-compliance issues, but BG believes that they want to work with the Commission. Bruce Evans moves to approve a two-year Extension Order of Conditions for SE9-1810 at 88 The Tides Court, SE9-1809 at 90 the Tides Court, SE9-1812 at 115 The -Tides Court, and SE9-1811 at 116 The Tides Court to November 14, 2025. Kim Pearson second. Approved 6-0-0. 10e. Mariner's Court, SE9-1864. 90-160. Corcoran Jennison Management. Bill Grafton (BG) notes that the applicant been working with the Conservation Administrator toward a resolution to a noncompliance issue involving native mitigation plantings. BG states that SE9-1864 shares the same plan as SE9-1835. Both plans include mitigation plantings that have been partially completed. BG notes that Tom Monaghan (TM) property manager for Corcoran Jennison suggested extending both permits and then consolidating them through the Request For Amended Order of Conditions. BG suggests a three-year extension and working toward this resolution with TM. Bruce Evans (BE) moves to approve the request for extension to the order of conditions for Mariner's court for 3 years to November 14, 2026. Kim Pearson (KP). Approved 6-0-0. 10L 30 Swift Lane, SE9-1868. 69-97.30 Swift LLC. Bill Grafton (BG) states that this evening the Commission issued a complete Certificate of Compliance under SE9-1490 as this current Order of Conditions/SE9-1868 replaces SE9-1490. SE9-1868 includes coastal stabilization activities and the property owner has been compliant As such, BG suggests a three-year extension. Bruce Evans (BE) moves to approve a 3 -year Extension Order of Conditions for SE9-1864 associated with 30 Swift Lane to November 14, 2026. Kim Pearson (KP). Approved 6-0-0. 10g. 0 Saints landing, SE9-1867. 50-4. TOB DNR. 10h. Crosby Landing, SE9-1670. 38-10, 38-28. TOB DNR 10i. Spruce Hill Beach/Main Street, SE9-1669. 102-17. TOB DNR. 10j. Saints Landing/Robbins Hill Road, SE9-1668. 50-4. TOB DNR. 10k. Breakwater Road. SE9-1667. 58-31. TOB DNR. 101. Point of Rocks Road, SE9-1666.79-24. TOB DNR. 10m. Ellis Landing/0 Ellis Landing Road, SE9-1662. 91-42 & 91-41. TOB DNR. Bill Grafton introduces the group of Town permits. He suggests a continuation to give him adequate time to review the files and make suggestions. Steve Mckenna (SM) moves to continue the Town Request for Extension Order of Conditions SE9-1867 at 0 Saints Landing, SE9-1670 at Crosby Landing, SE9-1669 at Spruce Hill Beach/Main Street, SE9-1668 at Saints Landing/Robbins Hill Road, SE9-1667 at Breakwater Road, SE9-1666 at Point of Rocks Road and SE9-1662 at Ellis Landing/0 Ellis Landing Road to November 28, 2023. Casey Chatelain (CC) Second. Approved 6-0-0. 10n. 38 Captain Baker Road, SE9-1712.72-19. Lammey. Cont. to 12/12/23. Bill Grafton (BG) summarizes the discussion on the October 241h hearing, leading to the continuation request to December 12, 2023. Kim Pearson (KP) moves to continue 38 Captain Baker Road SE9-1712 to December 12, 2023. Casey Chatelain (CC) second. Approved 6-0-0. 11 of 13 Conservation Commission Meeting Minutes -November 14, 2023 12. Request for Minor Change to Plan 12a. 44 Governor Prence Road, 58-27. Jennet. SE9-1801. Bill Grafton (BG) details communication history with the homeowner and project contractor. During a site visit, BG brought the applicant's arborist attention to ongoing cutting of cherry trees and the site plan that details the cherry t rees to remain. He advised that they stop cutting the cherry trees. BG notes mitigation on the approved site plan to remove honeysuckle and replace it with native species, per Special Conditions A33, 34 and 35. BG suggested the applicant propose a Minor Change to Plan to remove the Special Conditions requiring an otherwise optional mitigation. BG advises that the priority is to stop the cutting of Cherry Trees and for the applicant to deliver annual monitoring with greater detail. Kim Pearson (KP) moves to approve Minor Change to Plan for eliminating Special Conditions A33 -A35 under SE9-1801 and direct the Conservation Administrator to express the Commission's requirement that annual monitoring reports as per the Commission's requirements be submitted annually and that the Cherries trees depicted as "Existing Cherries are to remain" shall not be removed or altered. Casey Chatelain (CC) second. Approved 5-1-0. Ron Slowek (RS) Opposed. RS states his opposition to approval, on the grounds that the Applicant failed to appear before the Commission. 13. Request for Administrative Review 13a. 23 Indian Trail, 24-36. Murnane. After the fact shed. Tree Removal within 100 foot buffer. Bill Grafton (BG) details communications with the homeowner about trees trimming on the property as they are blocking his solar panels. During a site visit, BG identified an unpermitted shed within a approximately 85 feet of an isolated vegetated wetland, which the applicant had been required by their insurance company to replace. BG received guidance from Chair Mike Tobin (MT) and Commissioner Ron Slowek (RS) that an After -the -Fact Administrative Review was appropriate. Bruce Evans (BE) moves to vote to approve Administrative Review# 23-14 for the removal of one tree and one tree section and approval of the after -the -fact shed location. Kim Pearson (KP) second. Approved 6-0-0. 13b. 34 Susan Lane 55-11. Koyanis. Shed construction within 100 foot buffer. Bill Grafton (BG) became aware of the project through building permit review process. He identifies the location of the shed within 95 feet of wetlands. He notes that the size and location of the proposed structure is further than the current shed which will be removed and thus warrants an Administrative Review. BG additionally spoke to Chair Mike Tobin (MT) who agrees that an Administrative Review is appropriate. Aristos Koyanis (AK), homeowner, is hoping to add a 10x14 shed at the end of his driveway, and remove an existing shed. Bruce Evans (BE) moves to approve AR 23-15 for shed construction. Kim Pearson (KP) second. Approved 6-0-0. 15. Report of the Natural Resources Director 15a. Hunting Chris Miller (CM) reminds the Commission that the Punkhorn Hunting Season is approaching, which starts the first Saturday in December for three weeks in one defined area in the Punkhom. 12 of 13 Conservation Commission Meeting Minutes —November 14, 2023 15b. Continued Hearings for Projects Chris Miller (CM) advises that the Commission consider a discussion on how many Continuation Requests should be allowed before an applicant needs to readvertise and renotify abutters. Bill Grafton (BG) supports the need for applicants to present more complete and prepared applications to the Commission, so that they do not continue for multiple meetings and acknowledges extenuating circumstances do occur so some leniency is required. The Commission discusses the benefits and challenges of denying an application versus requiring applicants to readvertise. Kimberly Crocker Pearson (KCP) confirms that the cost will be on the applicant to re -advertise and reapply 16. Report of the Conservation Administrator 16a. Update on Conservation Permit Application Submittal Document Revisions. Bill Grafton (BG) describes the intention and work of himself and Cassandra West (CW) Conservation application submittal documents. He expresses the goal to streamline the documents to make it easier for applicants and save time. 161b. Coastal Stabilization Order of Conditions and Field Work in concert with coastal owners. Bill Grafton references approximately thirty coastal property owners who are receiving education regarding their Order of Condition requirements and notes the extensive time investment to ensure coastal property owners become compliant to the conditions of their permits. BG has had success in working with property owners, and believes the Coastal Stabilization Workshop meeting being scheduled will support greater success in ensuring the Special Conditions for Coastal Property permits are followed. 19. Next Meeting: November 14, 2023 20. Adjournment Bruce Evans (BE) moves to adjourn. 8:33 PM. Casey Chatelain (CC) second. Approved. 6-0-0. Respectfully Submitted, Cassandra West, Senior Department Assis'tapt 13 of 13 Conservation Commission Meeting Minutes —November 14, 2023