HomeMy Public PortalAboutConservation Commission -- 2023-10-24 Minutesat11tS'�Iiti, � .7q..
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 02/27/2024
Town of Brewster Conservation Commission 6-0-0
MEETING MINUTES _ _ --
2998 Main Street — - -
October 24, 2023 6:00 PM
The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream
( ` .. _;> 1. or Wdeo recordina (.'.;. .
Commissioners Present: Chair Michael Tobin (MT), Vice -Chair Casey Chatelain (CC), Bruce Evans
(BE), Kimberly Crocker Pearson (KCP), Ron Slowek (RS)
Commissioners Absent: Gary Kaser (GK), Steve McKenna (SM)
k Staff Present: Bill Grafton (BG), Cassandra West (CW), Chris Miller (CM)
1. Call to Order: 6:01 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
6a. 336 Robbins Hill Road, 38-77. SE9-1726 & SE9-1727. Discussion regarding required
mitigation plantings associated with OOCs — Ming Lee
Ming Lee (ML), property owner present and provides background information. The site is
subject to two orders of conditions: SE9-1726, associated with stabilizing the coastal bank, and
SE9-1727, associated with building a new house and mitigation plantings on top of coastal bank.
ML details the before and after pictures of beach grass with sand drift fences, which have
stabilized bank, per SE9-1726. ML describes the beach grass as healthy dense and spreading; the
black cherry as structurally sound and doing well. ML details the restoration area at top of bank
associated with SE9-1727. Before mitigation he describes the top of the bank partly lawn, partly
bare, but mostly invasive weeds. He describes the mitigation plantings performed in Fall of 2019
as planned. The first winter after planting was too extreme, and then followed by three
consecutive drought seasons, ensuring that most of the plantings did not survive. Despite the
conditions, ML notes that Virginia roses, little bluestem, and switch grass populate the area. ML
details the second set of before and after pictures, noting that the net balance is dense vegetation
covering top of bank and entire restoration area. He notes a variety of native plant species
present at the top of the bank. ML directs the Commission to the third page of his submittal,
which gives a good side by side comparison. ML does not expect full credit for the dense
vegetation, due to the fact that a number of mitigation plantings didn't take. ML identifies the
reason for splitting the project into two separate orders. They wanted the ability to maintain the
bank through beach renourishment as necessary in the future. But the intention for the
restoration area was to complete the planting and receive a Certificate of Compliance. For all
intents and purposes SE9-1726 is complete. Requested COC in August of 2023, which got
denied, apparently because the Order references the same mitigation plan in SE9-1727, which is
not complete. ML states his full intent to come into compliance and be good stewards of the
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Conservation Commission Meeting Minutes — October 24, 2023
resource area. However, ML is unable to replant because both of the Orders have expired. ML
identifies one path forward is to file a new Notice of Intent
(NOI) to replant what's necessary in Spring of 2024, including minor modifications in order to select more suitable
plants for the conditions. The new NOI will request permission to maintain coastal bank on an ongoing basis. If
approved, the new orders would replace the SE9-1726 & SE9-1727 Orders.
The Commission discusses that they find the suggestions reasonable.
Bill Grafton (BG) suggests that the Commission has the option to require plantings whenever the Commission
requires through an Enforcement Order, which BG doesn't believe is preferrable in this circumstance. The idea to get
plantings implemented this Fall. BG suggests requiring a new NOI by February 1, 2024. If not submitted, then BG
suggests that the Commission directs the Conservation Administrator to prepare an Enforcement Order. BG suggests
that the Request For Certificate of Compliance for SE9-1726 & SE9-1727 be resubmitted after the new Order
incorporating the required mitigation plantings under SE9-1726 and SE9-1727 is approved, issued, recorded, and
evidence of new Order recording is submitted to the Conservation Administrator.
ML doesn't anticipate any issue complying with these requirements.
Bruce Evans (BE) moves to approve the proposed new NOI submittal to combine the Commission's requirements
under SE9-1726 & SE9-1727 for 336 Robbins Hill Road due by February 1, 2024 to the Conservation Administrator,
link the Request For Certificates of Compliance for SE9-1726 & SE9-1727 after the new Order of Conditions is
issued, approved, recorded at the Barnstable County Registry of Deeds and evidence of the recording is submitted to
the Conservation Administrator and direct the Conservation Administrator to prepare an Enforcement Order if the
new NOI submittal fails to meet the February 1, 2024 deadline. Kim Pearson (KP) Second. Approved 5-0-0.
6b. 0 John Wings Lane 2348. Request for guidance on conservation permitting the repair of an approved
landing and access stairs — Pete Dahl & Tim Chase
Pete Dahl (PD) and Time Chase (TC), part of the Canoe Pond Village Association present. PD describes the existing
deck with access to to Upper Mill Pond. PD describes the original work on the deck in 2008. Since then, the deck has
come into disrepair, but the original Order of Conditions/SE9-1262 did not permit Ongoing maintenance. PD wants to
repair the deck, noting that there is no intent to make any changes to the support of the structure that would affect the
subsurface. PD references the photos showing some of the needed repairs. PD hands out a print-out of the location for
Commission reference. PD describes the deck as a big focal point of the neighborhood, and details the repairs needed
to make it safe: remove and repair the steps to the water, no change to existing foundation or supports, remove the
deck flooring, remove and replace handrails and replace the seats. PD addresses approaching wetland area and
remediation. The project would be completed using AZEK, and zinc screws. Any work would be cut out of 100 -foot
buffer and delivered to site, with no change to structure directly in contact with the wetlands. PD describes the intent
to remove and properly dispose of all debris, with work performed by hand and no equipment on beach area.
PD would like advice on whether to apply for a Notice of Intent or a Request for Determination of Applicability.
Casey Chatealain (CC) asks if there was ever a Certificate of Compliance for SE9-1262? BG and PD confirm that
there was a COC issued in November 2008, and recorded with the registry of deeds.
The Commission discusses an RDA as potential Conservation permitting avenue. Kim Pearson (KP) asks if an RDA
has a mechanism for Ongoing maintenance. BG states that Determinations of Applicability, the Conservation permit,
have a maximum duration of three -years, and they will have to come back in front of the Commission for future
work/activity beyond the expiration date. Mike Tobin (MT) suggests that AZEK is a durable material.
PD notes that the contractor who provided their quote believes the deck will last a significant amount of time.
Bruce Evans (BE) moves to require the submittal of an RDA for the deck repair involving no footing or other
subsurface work/activity. Ron Slowek (RS) Second. Approved 5-0-0.
BG suggests PD to contact the Conservation Department for guidance in completing the RDA
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Conservation Commission Meeting Minutes — October 24, 2023
6c. Draft January 3, 2023 Meeting Minutes for Review & Ratification by Commissioners.
BG distributed the draft meeting minutes for January 3, 2023 and received no Commissioner comments. BG asks if
there are any edits from the Commission for the Meeting Minutes. There are none.
Bruce Evans (BE) moves to approve the meeting minutes of January 3, 2023 as prepared. Kim Pearson (KP) Second.
Approved 5-0-0
6d. Draft January 24, 2023 Meeting Minutes for Review & Ratification by Commissioners.
BG distributed the draft meeting minutes for January 24, 2023 and received no Commissioner comments.
BG asks if there are any edits from the Commission for the Meeting Minutes. There are none.
Bruce Evans (BE) moves to approve the meeting minutes of January 24, 2023 as prepared. Kim Pearson (KP) Second.
Approved 5-0-0.
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.
Mike Tobin (MT) notes that the applicant requested to continue to the December 12, 2023 Commission Public
Meeting,
Bruce Evans (BE) moves to continue to the December 12, 2023 to allow the applicant's consultant additional time to
address the Commission's request for additional information. Ron Slowek (RS) Second. Approved 5-0-0.
8b. 178 Bonnie Doone Cartway 102-13 (8-7). Continued public hearing. SE9-1893 Amended.
David Haines (DH) & John O'Reilly (JO) present for the Applicant.
DH describes the Amendment to the Order of Conditions to rectify some issues that have occurred. There were some
trees cut and retaining wall and shower built that were not on the final approved plans, but were on the building
permit plans. Once it was discovered that five trees were cut that were designated on the approved site plan to stay,
Bill Grafton (BG) was brought out to the project site to see what could be done to fix it. DH describes the locations of
the five cut trees, and states his belief that, if they had been brought to Commission's attention, they would have been
considered within limit of work. DH describes the mitigation proposal to replant sixteen Eastern Red Cedars, and
preserve another large, mature Oak Tree that was planned to be removed. DH describes the circumstances of the
unpermitted construction of a retaining wall along the edge of the driveway. DH describes an unpermitted rinse
station that was constructed on the other end of the house with a wooden floor with slats on a gravel base. DH notes
that BG suggested that the applicants perform a housekeeping and tie up all loose ends under a Request For Amended
Order of Conditions and lists a number of concerns with drainage around the existing cottage to remain depicted on
the approved site plan. He describes an existing pathway which was all mud, eroding down the path. Unpennitted
walking stones embedded in a layer of native gravel to allow infiltration in that area were installed. He notes
additionally that, at the drip line of eaves, 2x2ft gravel trench along dripline. Anything off roof would fall into drip
line and infiltrate into the ground. DH states that the site plan revised as a standalone plan, including all previously
approved items amongst different plans. He notes that the revised plan includes approved landscape plantings, with
additional plants for mitigation, as well as a maritime shrubland including Beach plum, blueberry, rose and bayberry.
DH notes that to mitigate for shrubs cut during the installation of an electric line on site, they are replanting area with
bayberry and sweet pepper bush. DH notes additional drainage issues to the North of the house at 160 an infiltration
basin which was proposed there, with the drain lines shown. DH notes that BG wanted to make sure drain lines didn't
cut through any areas under existing trees inside of the drip line to preserve the roots. The drip lines were examined
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Conservation Commission Meeting Minutes — October 24, 2023
and the drain lines were altered to avoid anything under the drip line. DH addresses an approved utility trench going
through house 150 and cottage 178 which did go next to large White Oak, whose drip line was examined and
determined that less than one-third of its drip line was altered. DH is proposing that the tree be monitored, and that if
it shows signs of distress, they will replace at a three -to -one ratio with Red Oak. DH addresses three beach stairs
shown on approved plan. DH states that two have been built, and one will be rebuilt. DH addresses the final cottage
to east will be removed by November 15, 2023 date certain. DH is not proposing any vegetative management for
vista cutting. The applicant will come back with another amendment for vista pruning and vegetative management.
Casey Chatelain (CC) wants to make sure what `tentative approval' and `tentative agreement' means for any plantings
on Ten Lots Association, Inc. (TLAI) land. CC asks what will happen if those plantings are not approved by the Ten
Lots Association Inc? DH replies that the applicant will move plantings entirely onto the applicant's property. DH
has heard that there was an agreement that this would be a reasonable solution. BG notes that a representative from
the Ten Lots Association (TLAI) is present. CC is cognizant of approving work on private property owned by others
requires their approval.
Ron Slowek (RS) reminds the Commission of the unpermitted rinse station and retaining wall. He understands the
need for rinse station. He believes that the retaining wall could have been a Swale, and is in favor of having it
removed. RS asks BG on the proposed six -by -six landing, whether it is permitted or proposed? BG replies that the
dimensions are approved but the semantics of the name has changed from `deck' to `landing'. The landing is a one for
one match with the structure on the approved 9/21/2021 plan prepared by John O'Reilly & Associates, Inc.
Mike Tobin (MT) addresses the retaining wall, stating that he doesn't see the benefit of removing it. JO notes that the
Commission did have a picture of the retaining wall in first set of photos, but that it doesn't accurately represent the
conditions. He describes the slope on driveway continuing to run uphill. JO would rather leave it level with planting
in the maritime shrub community, as it protects the area and protects the slope. DH adds that the stones were installed
to control any runoff.
CC invites Mark Wilson (MW) from TLAI to speak.
MW of 135 Bonnie Doone Cartway, speaking as representative of TLAI. TLAI has been working with Bill Dorn
(BD), The Pearl Company on plantings behind the rebuilt cottage, and are fully in support of plantings going in where
they are tentatively drawn on the plan. MW has walked and staked the area with BD, and only asks that the applicant
not clear cut existing brush to plant new trees. MW describes that clear -cutting the brush will lose feeling of lane as it
currently exists. TLAI prefer minimal cutting, and that a representative of TLAI be present when they do clearing and
cutting because of issues in the past. MT confirms that the TLAI representative must be given forty-eight hour notice
of cutting.
Kim Pearson (KP) asks wouldn't you have come back to Conservation before you build a new structure that wasn't
permitted? She states her surprise that the phone call didn't happen to the Conservation Administrator before the
construction took place. DH replies that he was not involved in the original Order, and was brought in to help rectify
the situation. DH states his belief that the structure was on the building plan but not the site plan approved by the
Conservation Commission. KP asks for a guarantee that there won't be more structures built without a call to BG. DH
believes that will be the case. RS is willing to support it as long as given the word that there will be no more mishaps.
BD describes that, as grading elevations down to levels on the approved site plan the angle of elevation to swale, at
the first rain eroded down and damaged plants on bluffs, and exposed roots of trees. BD called his supervisor, who
said put in a short retaining wall. Within days, they knew we were out of compliance, and then reached out to
Crawford Land Management, the applicants' plant consultants, who didn't return call for 6 weeks. At that point, BD
reached out to David Haines to step in and assist.
BG adds that, due to the fact that so much change in Conservation staff, time between the approval and the project
start-up that BG was not inclined to go directly to formal enforcement through a WPA Form 9 preferring a
coordinated solution with the applicants' representatives and the Commissioners integrally involved. BG proposes to
require annual monitoring for five years, citing the dune and buffer zone to the dune, as well as the discussed
vegetative management. MT asks how a five-year monitoring requirement will work if the permit is limited to three
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Conservation Commission Meeting Minutes -- October 24, 2023
years? BG replies that they will need to extend the permit. JO adds that the upcoming vista pruning amendment will
ensure that the permit will need to be extended for the foreseeable future.
Bruce Evans (BE) moves to close public hearing and approve issuance of the Amended Order of Conditions/SE9-
1893 including (5) five years of annual monitoring of the mitigation and restoration plantings. Casey Chatelain (CC)
Second, Approved 5-0-0.
Sc. 0 Vesper Pond Drive (Lot A Main Street), 138-74. Continued public hearing. SE9-1959.
Susan Ladue (SL) of Eastward Companies with Bob Reedy (BR) of J.M. O'Reilly, Andrew Garulay (AG) of
Yarmouthport Design Group, Chris Dedrick (CD) of Shoreline Pools, and Don Poyant (DP) President of Eastward
Companies present for the applicant.
SL explains the revised plans and additional information submitted to address the October 10, 2023 Commission and
Conservation Administrator concerns. SL notes that two wetland areas have been observed as potential vernal pools
on the revised site plan with the 100 -foot habitat depicted. She also notes the concern of the proximity of the proposed
lawn to the 50 -foot setback, as well as the demarcation of natural areas to deter future encroachment. She notes the
question of the necessity of the fescue/rye mix next to the driveway. She notes the significant concerns voiced by the
Commission on October 10, 2023 regarding the pool and its impacts on the wetland resource area. SL describes
adjustments made on the revised plans, citing the Wetland area across Vesper Pond Drive and to the south are revised
on the revised site plan, noted as Potential Vernal Pools. She notes that shift in the limit of work outside the 50 -foot
setback and the removal of the proposed plantings along the driveway, excepting a 5 -foot fescue/rye mix for snow
removal in the winter. SL asks to maintain some amount of yard space, but notes that it has been pulled in at least 5 -
foot in on South and West sides of house, as well as the limit of work from the southern lot line and 50 -foot setback.
Additionally, the limit of work line was pulled in about 5 feet to the North and East sides of home. SL notes the
addition of a 12 -inch high split rail fence to define natural areas. SL describes the revised Landscape Management
Plan, noting a reduction in ornamental plantings from 80 to 68, and an increase in native plantings from 94 to 96. SL
addresses the proposed pool and patio, identifying the pool's volume as approximately 9,000 gallons, the patio
materials as dry lake pavers, and the filtration system as a self-contained saltwater cartridge. SL identifies a 4 -inch
wide channel drain to collect any patio runoff piped directly to Drainage Leeching No. 1, which keeps the water more
than 50 -foot from the Wetland Resource area. SL addresses pool water drawdown, which amounts to 3000 gallons
when the pool is winterized.
Andrew Garulay (AG) Registered Landscape Architect for Yarmouthport Design Group addresses the request to pull
back from 50 -foot buffer, especially down the side of the driveway. He notes the increase in native plants nearer to
swimming pool. He addresses the relatively low increase in native plantings as a result of the adjustment to retain
more of the natural woodland along Vesper Pond Drive. He notes the native plantings along the pool and the
reduction of the lawn. He identifies the inclusion of the single rail fence, which is placed mostly where lawn meets
anything else that someone might be tempted to cut with a lawnmower. AG notes that the pool drainage functionality
has been marked in red that show the slopes of the pool and patio, identifying channel drain between house and pool
which pitches away from pool towards house, ensuring that any water is 100% pitched into channel drains.
Bob Reedy (BR) Engineer with J.M. O'Reilly and Associates, Inc., adds that, specific to pool and drawdown pit, the
plan shows a 600 -gallon drawdown pit with two feet of stone around it that is closer to Wetland C. BR believes the
Commission may prefer Drainage Leeching Facility No. 1 as opposed to a separate facility. BR clarifies that any
drawdown water would go directly into the Leeching Facility, and not pass through the Drainage Swale designed to
provide TSS and nutrient removal for the driveway. BR details that Drainage Leeching Facility 1 is designed for 100 -
year storm event, with a capacity over 6500 gallons to meet 8.5 -inch rainwater over 24-hour period. BR identifies that
he does not believe a pool drawdown would occur during a 100 -year storm event. BR doesn't believe there would be
any overlap between when the Drainage Facility would be used for pool drawdown versus the 100 -year storm event.
He believes the ease of use and cost of materials make it redundant to add an additional leeching facility for the
purpose of pool drawdown.
Kim Pearson (KP) asks about the depth to groundwater and the depth of the pool? BR cites that the depth has been
identified as roughly 10 -ft below grade and the depth of the pool as ranging from 3 to 5 feet. KP asks about the
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Conservation Commission Meeting Minutes — October 24, 2023
salinity level? BR identifies salinity as roughly 2800 ppm. BR notes through the chair that there is not maintenance
backwash for the saltwater pool. KP asks about the measurement from the top of the water to edge of pool. The
distance is 6inches.
Bruce Evans (BE) asks about the species in the tree mitigation plantings? AG clarifies that the proposed Red Twig
Dogwoods are shrubs. How many trees coming out? BR describes discussions with Bill Grafton (BG) in which he
understood that the focus was the trees within the 50 -foot buffer and the limit of work. BG confirms this, and that they
intend to clear everything, which, while not a high quality forest, is forested, and says that the Commission can
require tree plantings. BE asks that the applicant add trees to the mitigation plantings, and discusses with BG and AG
on how to calculate the number of trees and identifying species on the Cape Cod Cooperative List as well as The
Vascular Plants of Massachusetts: A County List. They agree on (10) ten Eastern Red Cedars sized at 5 -ft to replace
the (10) ten trees being removed.
BG notes that a revised plan will be due by 12 noon, Friday, October 27, 2023.
Ron Slowek (RS) asks CD how he plans to remove the stabilizers from the pool? CD clarifies that the pool does not
use stabilizers or chemicals, because the salt -water pool is self-contained. RS states that he is not in favor of the
discharge, and would rather see a pump put into a leeching field and cites the cross sections, which go down into
medium coarse sand for drainage. BG identifies that, despite the USGS Map indicating subsurface flow to the North
while the site specific contours flow towards the wetlands, and could result in salt getting into the wetlands. BG notes
that the option to truck the water offsite may be the best option, as Town Departments are leaning towards trucking
offsite.
BR reiterates that they will do whatever the Commission requires regarding pool drawdown or trucking out, but that
he believes that the channel drains leading to Drainage Leeching No. 1 will be sufficient. Discussion of potential
options ensues. Mike Tobin (MT) states that he believes that the best option would be to have the water trucked off-
site.
BG notes that there's a split rail fence on landscape plan but not on site plan. BR will carry the approved split -rail
fence on the site plan. BG reviews the buffer zone calculations detailed on the site plan, and states that the plan needs
to be the same as in the Stormwater Permit plans. The detail building within should be broken out in more detail
based on specific structure such as house, driveway, pool and any other impervious surfacing as this will help in the
future when the next permitting is submitted. There will be a clear point of origin for the cumulative impervious
impacts that can be referenced over time. This will help the Conservation Administrator and Commissioners manage
impervious surfacing impacts associated with stormwater over time. BG asks about the plantings within rain gardens
inside the 100 -ft buffer. He asks if the homeowner will reliably maintain it, and whether a qualified wetland scientist
should be involved through an established 3 to 5 -year monitoring plan? BG identifies a curb cut where driveway
meets the road which is a hardscape that will change the calculations slightly. BG notes that the Commission will
need the full 2 and 10 and 25 -year plan in the stormwater. BG informs BR that 2 hard copies and pdf with an
engineer's stamp will need to be delivered to the Conservation Administrator. BR confirms that the shell driveway has
been calculated as a paved driveway for the Stormwater calculations, and so the calculations shouldn't be impacted
and will be coordinated with DPW.
The Commission confirms that they want a 3 -year monitoring requirement
Bruce Evans (BE) moves to close the public hearing and approve issuance of the Order of Conditions including three
years of annual monitoring of the mitigation and restoration plantings with submittal of the required revised site plan
per the Commission's request by 12 noon, Friday, 10/27/2023, Casey Chatelain (CC) Second. Approved 5-0-0.
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), 138-74. William Marsh proposes creation of a new driveway as
access to new home proposed to be constructed on subject lot. New SWMC2023-02.
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Conservation Commission Meeting Minutes - October 24, 2023
Bob Reedy (BR) with John O'Reilly and Associates, Inc reiterates the request for more specifics on square footage on
each and every structure; he cites page 24 of the Stormwater Report, which he can carry over onto the revised site
plan and he will sign and stamp as the professional engineer. BR notes the vegetation in drainage swales, which are
being provided as an additional benefit, but are not factored into the drainage capacity.
Mike Tobin (MT) asks about the maintenance requirements for a swale? BR cites the operations and maintenance
manual for homeowners, namely keeping debris out through raking and Spring trimming. Typically, they would mow
along the edge once a year.
Ron Slowek (RS) asks about the 9 -inch straw wattles in the erosion control plan. RS would like to see silt fence
except where there is trenching for drains. RS describes dirt piles during construction which tend to erode down and
overwhelm coir rolls. He would like silt fence around the septic system, around the house and the driveway, as well as
the pool. BR agrees that silt fence would be useful in some areas, but that he believes it will be redundant in others.
Discussion results in a decision to require silt fence in addition to the coir rolls along the leeching facility of the septic
system, along both sides of the cul de sac, and along the back patio. Bill Grafton (BG) points out adding agitation at
the entrance to the driveway to remove dirt from heavy machinery tires, which BR affirms would be a 20 -ft gravel
apron as part of the curb -cut, or equivalent.
BG reiterates that the Commisssion needs all the calculations, and the plans for Stormwater and NOI to be in tandem.
Casey Chatelain (CC) moves to close and approve issuance of the Stormwater Permit SWMC2023-02 with any
Special Conditions as per the Commission's discussion and/or submittals by 12 noon, Friday, October 27, 2023. Ron
Slowek (RS) Second. Approved 5-0-0.
10. Request for Extension Order of Conditions
10a. 38 Captain Baker, 72-19. Lammey. SE9-1712,
Mike Tobin (MT) leaves at 7:37 PM and returns 7:39 PM.
Nikki Smith (NS) of Crawford Land Management describes that the homeownerwasn't comfortable extending the
existing Order. NS strongly opposed the homeowner's stance, but considering his choice, the Order will expire at the
end of the month. BG adds that prior to the homeowner's decision, he had advised that they could receive a two-year
extension, due to their failure to provide annual monitoring reports. As it is, when they submit a Request for
Certificate of Compliance, they won't be eligible for approval until the Annual Monitoring Reports are received as per
the Special Conditions.
NS describes the circumstances, being the recent property transfer, making the new owner uncomfortable extending a
Conservation permit that was not originally submitted by the current homeowner. While NS explained to the
homeowner that permits transfer with property, not owner, at the time of the meeting, she didn't hear any approval to
extend from him.
BG suggests NS have the homeowner talk to him and describes the option to continue the Request for Extension
Order of Conditions (EXT) which maintains the Conservation permit validity until a decision is made by the
homeowner and/or the Commission. BG notes that the EXT was submitted prior to expiration. MT agrees to
continue the extension request to give the homeowner time to respond to Crawford Land Management with a
decision. BG suggests continuing to December 12, 2023 Commission Public Meeting.
Kim Pearson (KP) moves to continue 38 Captain Baker Road/SE9-1712 Extension Request to December 12, 2023,
Bruce Evans (BE) Second. Approved 5-0-0.
10b. 100 Bloomer Path, 38-93. Bloomer. SE9-1870.
BG has been in regular contact with the property owner and suggests a 3 -year extension to October 24, 2026.
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Conservation Commission Meeting Minutes — October 24, 2023
Kim Pearson moves to approve a 3 -year Extension Order of Conditions/SE9-1870 at 100 Bloomer Path to October 24,
2026. Ron Slowek (RS) Second. Approved 5-0-0.
11. Show Cause
Ila. 2628 Main Street, 89-14 (15-113-2) & 89-2 (274). 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, and David Schlessinger (DS) Property Manager present. CS would like to continue
until Nov 14, 2023. CS details that on Thursday at 10 AM, he will be meeting with Town Counsel Alex Weisheit
(TC) and Bill Grafton (BG) to discuss how the project is shaping up, and next setps.
BG details the wetland delineation plan reviewed by Matt Creighton, as well as Existing Conditions Plan, Restoration
Plan, and Temporary Culvert Improvement Plan. He notes missing Areas 1,2,5 and 8 which need to be addressed with
proper plantings under the forthcoming restoration plans.
BG notes the Stipulated Consolidated Order through Town Council should be prepared by November 14, 2023. BG
suggests that the Commission study the plans in front of thein and make any site visits in preparation for the meeting
on November 14, 2023.
Bruce Evans (BE) moves to continue the enforcement discussion for 2628 Main Street to November 14, 2023. Casey
Chatelain (CC) Second. Approved 5-0-0,
12. Request for Minor Change to Plan
12b. 2907 Main Street, 90-160. Ocean Edge Il & Bay Pines Development Co. SE9-1701 and SE9-Amended.
Removal of safety hazard, exposed pilings from coastal beach — Thomas Monaghan.
Tom Monaghan (TM) Property Manager at Villages at Ocean Edge describes the request for Minor Change to Plan
(MCTP), noting that after Hurricane Lee a routine property, inspection uncovered a number of pilings exposed,
leftover from a heavy duty sand -drift fence that was constructed prior to 2018, and destroyed in a 100 -year storm
event. TM discussed with Bill Grafton best permitting practices and BG suggested a MCTP. TM describes the
integrated, heavy duty sand drift fence to the east of the walkway with the heavy duty sand drift fence to the west of
the walkway permitted under SE9-1701 that is working very effectively. However, during a recent site visit, 12
exposed pilings were identified, which present a significant safety hazard from the prior sand drift fence.
TM is asking permission to remove the pilings, which are driven pretty deep into the beach, using hand tools. He
believes they can be dug out 2-2.5 ft roughly to water table, and then cut them down. BG confirms that the request
does not include wheeled or tracked vehicles working on the beach.
Chris Miller (CM) suggests that, since they're excavating by hand, that they use a cordless Sawzall, or else another
appropriate power tool.
Bruce Evans (BE) moves to approve the Minor Change to Plan to Order of Conditions/SE9-1701 and SE9-1701
Amended for the hand removal of exposed pilings in the coastal beach and no use of tracked or wheeled vehicles.
Casey Chatelain (CC) Second. Approved 5-0-0.
Kim Pearson (KP) recuses herself and leaves the room.
12a. 32 Bantry Lane, 68-23. Vining. SE9-1931. Request to remove (1) eastern white pine sapling and plant (3)
three beach plum.
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Tom Vining (TV) Property Owner would like make a small change to plan from a Restoration Plan that was approved
and permitted in 2022. TV would like to remove a small eastern white pine sapling, which has grown up mid -vista,
and replace with (3) three beach plums located off center of the vista corridor and notes a Staghorn Sumac tree that
can become invasive that TV would also like to address under this Request for Minor Change to Plan (MCTP).
Bill Grafton (BG) notes that the site is in good shape, but that there are posts which are noted on the approved site
plan but are not found on site. BG observed brush that was cut near the boundary of his property and within the
property that should stop. BG notes the need for annual monitoring reports. BG suggests approving the MCTP, and
that he will work with TV on the annual monitoring reports.
Bruce Evans (BE) moves to approve the Minor Change to Plan to Order of Conditions/SE9-1931 with the condition
that the (3) three beach plum plantings be implemented in the Spring 2024 Planting Season under the supervision of a
qualified wetland scientist, submittal of an implementation report prepared by a qualified wetland scientist by June 1,
2024 followed by annual monitoring reports to be submitted by November 30 each year for a period of three (3)
consecutive years. Ron Slowek (RS) Second. Approved 4-0-0.
Kim Pearson returns to the meeting.
12c. 216 Mitchell Lane, 115-49. Barkhuff. SE9-1949. Request permission to cut (6) branches in excess of 4"
and replace each with (2) hvo 1.5" diameter trees. — Cal Novelli
Ian Peach (IP) representing Wilkinson Ecological Design representing the property owner. IP describes the Improved
Restoration Plan for the project, which was approved in June 2023. He describes the part of the plan which allowed
lifting just a couple of the lowest limbs while leaving most of the biomass in the canopy of the trees. IP describes
Special Condition A33 which details the 4 -inch diameter threshold for limb cutting. He is requesting a Minor Change
to Plan (MCTP) to allow the cutting of 6 limbs that are beyond 4 -inches in diameter. He describes the canopy and tree
composition. IP is offering (7) seven 1.5 -inch pitch pine to mitigate the proposed 4 -inch limb cuttings, as well as (3)
three Servicebeny and (2) two Black Cherry, totaling 12 substantial trees and shrubs as suggested for loss of lower
limbs beyond 4 -inches.
BG suggests that the Request for MCTP mitigation is adequate considering the scope of the changes. The mitigation
proposal results in two native plant replacement per limb cut down. BG wants the Commission to be aware that it's
quite a lot, and that next time the applicant should submit a Request for Amended Order of Conditions. Mike Tobin
(MT) agrees with BG to keep the mitigation plantings to the outside of the vista to prevent any future pruning. BG
confirms the need for (3) three annual monitoring reports for these additional mitigation plantings.
Bruce Evans (BE) moves to approve the Minor Change to Plan/SE9-1949 for the (6) six branches 4" or greater in
diameter and the mitigation plantings as per Special Condition A33. .Kim Pearson (KP) Second. Approved 5-0-0.
15. Report of the Natural Resources Director
......................................................... _..................... ... —...... --._._..v..
15a. Chris Miller (CM) alerts the Commission that the Town is bringing forward extension requests for landings
maintenance. In general the activity is very similar, so the requests will come in a group. BG wholeheartedly supports
groupings of like permits being submitted for extensions at one time and emphasizes the usefulness of the ongoing
development of the Master Inventory of Conservation Permits in identifying such permits as it is progressively
updated.
15b. Chris Miller (CM) notes the request from town to notify people that there is the latest version of Local
Comprehensive Plan up on the Town website for public review.
15c. Chris Miller (CM) describes the Climate Mitigation Summit last weekend where information was presented on
Pleasant Bay, on which Brewster has 40 -feet of Frontage. He notes the survey posted on the Pleasant Bay Alliance
Website, which is open through December 15, 2023, to get peoples' thoughts on Climate Mitigation Actions.
19. Next Meeting: November 14, 2023
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Conservation Commission Meeting Minutes — October 24, 2023
20. Adjournment
Bruce Evans (BE) moves to adjourn. Kim Pearson (KP) second. Approved 5-0-0.
Respectfully Submitted,
Cassandra West, Senior Department Assistant
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Conservation Commission Meeting Minutes — October 24, 2023