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Home My Public Portal AboutConservation Commission -- 2024-01-23 Minutes10 Ok p �LDEge��iQ Town of Brewster Conservation Commission x41 p " w =' MEETING MINUTES ) ' 2198 Main Street January 23, 2024 6:00 PM MC..IOPeTO '.' �lllllllllllllliltN?": `'`. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream 1. or Video recording f Approved 02/27/2024 6-0-0 CONSERVATION Commissioners Present: Chair Michael Tobin (MT), Ron Slowek (RS), Vice -Chair Casey Chatelain (CC), COMMISSION Gary Kaser (GK), Steve McKenna (SM), Commissioners Absent: Bruce Evans (BE), Kim Pearson (KP) Michael Tobin Staff Present: Bill Grafton (BG), Cassandra West (CW), Chris Miller (CM) Chair 1. Call to Order: 6:03 PM Casey Chatelain 2. Meeting Declaration of Participation Statement Vice Chair 3. Meeting Participation Statement 4. Recording Statement: As required by the Open Meeting Law we are informing you that the Town COMMISSIONERS Bruce Evans 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. Gary Kaser Kimberley Crocker 5. Public Announcements and Comment: Members of the public may address the Conservation Pearson Commission on matters not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's Ron Slowek discretion. The Conservation Commission will not reply 1 to statements made or answer questions Steve McKenna raised during public comment but may add items presented to a future agenda, STAFF 6. Discussion Chris Miller, _..._. _ ..._.. ...... _......... Natural Resources 6a. Brewster Park Club Association. SE9-1675 (16 Sunhouse Path 50-37), SE9-1676 (1 Carver Director Road 50-33), SE9-1677 (0 Sunhouse Path 50 -NA) and SE9-1678 (17 Sunhouse Path 50-36). Extension Order of Conditions Request. Bill Grafton, Conservation Administrator Paul Wallace (PW), 16 Sunhouse Path, and Bob Rosadini (BR), 2 Bradford Road, Chairperson of the Beach Committee, representing Brewster Park Club Association (BPCA) present along with Kevin Cassandra West, Franck, 17 Sunhouse Path remotely attending. BR describes Brewster Park, a private community of Senior Department 90 properties, of which 8 are waterfront properties. One waterfront property is a Brewster Park Assistant easement with beach access and a 14x14ft structure known as the Sun House. BR communicates the intent to represent the property owners in a collective fashion to the benefit of the Conservation Commission as well as the administration of contracts. BPCA is before the Commission to request approval to submit extension requests for the four permits in question, as they failed to submit the extension requests by the deadline. Bill Grafton (BG), Conservation Administrator details the Order of Conditions, their stages of work completion, and the efforts of BPCA to work with the Conservation Department, though missing the deadline. BG acknowledges the extenuating circumstances. Chair Mike Tobin (MT) asks if all pen -nits are up to date on their nourishment and annual reporting requirements. BG responds that each Order of Condition has its own conditions, and that he would have to look through each permit to accurately answer but renourishment has been infrequent. Ron Slowek (RS) and Gary Kaser (GK) are supportive of allowing the extension requests to be processed and brought before the Commission for approval. Steve McKenna (SM) opposes the Commission considering extending projects that haven't complied with their permit requirements. 1 of 7 Conservation Commission Meeting Minutes — January 23, 2024 BR describes the permitting for the coir rolls in their Orders of Conditions, and that he does not believe that the annual nourishment requirement was meant to be included on their Order of Conditions. BR is confused how annual beach renourishment was included in the Order of Conditions. He notes one season in which they performed a major fill requirement due to large scale erosion associated with storm events. BR cites contractor availability and beach access as a stumbling block and describes in detail the beach over the seasons, including the growth of beach grass. PW adds that, while the Order of Conditions require annual renourishment, they understood it to mean only when there was a loss of sand. He notes that the previous Conservation Administrator did not alert them to renourishment requirements during previous site visits. BR asks if it is possible to perform required nourishment at an alternate location? SM is even more inclined to not extend an Order of Conditions that the applicant believes is inappropriate. He believes that beach renourishment should be a requirement in any permit for the property. SM suggests looking at alternative sites. BG reminds the applicants that the goal at this meeting is to discuss the Commission's position with regard to submitting the extension requests after the expiration date. The amendments regarding requirements would be discussed at separate meeting. MT agrees that extending the Order of Conditions with no intention of performing nourishment seems counterintuitive. Casey Chatelain (CC) reminds the Commission that what is on the agenda today is not whether the Commission will approve extensions for the permits, but whether the Commission will accept the request for extension past the deadline. BR asks about the options if the permits cannot be extended? BG describes the consequences and options suggesting that, in consideration of permitting scope, the Applicant should hire a consultant. SM believes that the best course of action will be for the applicants to come forward with a new set of plans. BG suggests that if the applicants seek a new Order of Conditions, it would be based on current standards, which may not be as generous as their existing Conditions and also suggests that submitting Extension Requests does not guarantee the applicant the maximum 3 -year extension, or even approval. BG and MT discuss potential Amendment options for the four (4) permits, including nourishment requirements and location, and consolidation of the four permits. BG communicates submittal requirements for Amendments and Notice of Intents, both of which require signed, stamped plans. All present discuss annual nourishment requirements, the logistical implications, and proactive versus reactive beach nourishment. Chair Tobin acknowledges that the typical property has annual renourishment, but that some Order of Conditions have trigger points. The Commission describes the purpose and impact of regular nourishment. Chris Miller (CM) Natural Resources Director adds that properties without erosion control structures do not require renourishment. PW suggests Conditioning trigger points, which MT clarifies the Commission does not favor, and prefers annual nourishment due to the benefits of the regional coastal system. The Commission and Administrator discuss the precedent and options for renourishment at locations other than the applicants' properties. SM details further reasoning for regular nourishment in a beach system, regardless of the visible state of a specific portion of the system. PW agrees that renourishing at a public property, like Mants Landing, if their specific location doesn't appear necessary could be reasonable and again cites the access issues. PW brings cost into the discussion. CC polls the Commission about allowing the extension request submittals. SM thinks that, because the requirements for an Amendment are nearly as high as a new Order, that the applicants should file new NOls. SM affirms that the current permits do not permit the applicants to nourish at locations other than their properties. BG suggests consolidating the permits into one through an Amendment. BR expresses that some property owners may not like that their property is encumbered by another's property owner's permit recorded Order of Conditions which is associated with a lien. 2of7 Conservation Commission Meeting Minutes — January 23, 2024 Kevin Franck (KF), 17 Sunhouse Path, suggests a common set of rules for the separate permits, so that the four permits share common language and logistics while retaining their autonomy without being encumbered by a group lien. The Commission expresses amenability to this suggestion. BG suggests the Commission allow the (4) four extension requests, as he believes that the applicants have understood that nourishment is required and plan to renourish. Should the Commission refuse, BG will need to enforce on them for not performing the required compensatory breach renourishment. He reiterates to the Commission that they can deny applications that do not satisfy the Commission's requirements. SM reiterates to the applicants that, if the Commission extends these permits, they will be required to renourish in the Spring 2024. Annual beach renourishment monitoring reports are due May 151 each year. PW does see that is being problematic, citing engineer scarcity. All present discuss the options for the Applicants to complete nourishment in accordance with their Order of Conditions by themselves. SM reminds the applicants that they are noncompliant, and could presently be enforced upon by the Commission. The Commission wants to look forward. He believes it is in the applicants' best interest to submit a new Notice of Intent, and close out the (4) four current Order of Conditions. PW asks the Commission to allow them to submit extension requests so that they can determine if it is in their best interest to extend the Orders of submit a new application. KF states that they intend to get in compliance, whether through an extension or a new Notice of Intent. CC moves to vote to accept the good faith effort to submit the SE9-1675 at 16 Sunhouse Path, SE9-1676 at 1 Carver Road, SE9-1677 at 0 Sunhouse Path and SE9-1678 at 17 Sunhouse Path Request For Extension Order of Conditions by the time of the respective Tolled expirations dates with the formal submittals due to the Conservation Administrator by 12 noon, Friday, February 2, 2024 or the respective expiration dates will be considered in effect. Gary Kaser (GS) Second. Approved 5-0-0. 6b. 257 Crocker Lane, 694. SE9-1591. $2,000 bond — Jane Fields Mark Fields (MF) and Jane Fields (JF), Homeowners, are asking to eliminate the need for a $2000 bond for their Orders of Condition SE9-1591. Bill Grafton (BG) describes that, at the time the Commission extended to Order of Conditions, the Commission did not have a bond as required by Special Condition A24 within the Order of Conditions. BG notes that JF later provided documentation confirming that the previous Conservation Administrator approved the return of the bond, despite the Orders of Condition requiring written Commission approval. BG describes the result of his further investigation for this, and other permits for which bonds were returned. BG describes the sequences of events resulting in the return of the bond. BG reviewed the minutes for the time period in which the bond was returned and did not find any indication that the Commission ratified the return of the bond. BG suggests the Commission consider two options: 1) to either provide the ratification vote that was not completed in 2017, or 2) to require the $2,000.00 bond as per the Orders of Conditions. He notes that there are other permits from other years in which bonds were also returned in a similar fashion without Commission ratification despite the language in requiring Commission written response on the bond return request. BG confirms that an extension for the permit was previously approved for two years. He affirms that, aside from the bond, the homeowners are in compliance and performing the beach renourishment. JF alerts the Commission to a letter that states their bonds were approved for return and reads directly from the letter. MF adds that they were meticulous in renourishing their dunes. BG clarifies the timeline from the request being made on July 8, 2017, the site visit being performed on July 10, 2017, and the bond being returned on July 18, 2017 with the referenced letter. He confirms that his review of meeting minutes around that time period did not reveal a ratification from the Commission. He suggests that the Commission ratify the return of the bond on July 18, 2017. Ron Slowek (RS) moves to waive the $2,000.00 bond as per Special Condition A24 under SE9-1591 and confirm the release of the bond on July 18, 2017. Gary Kaser (GK) Second. Approved 5-0-0. BG informs the applicants that they will place the minutes detailing the ratified bond waiver into the file 3 of 7 Conservation Commission Meeting Minutes — January 23, 2024 10. Request for Extension Order of Conditions 10a. 41 Saints Landing, 50-3.41 Saints LLC. AOOC SE9-1680. Bill Grafton (BG) describes the group nature of the Order of Conditions managed by a consulting company. All of the Amended Order of Conditions and the Extensions for each property have been recorded. The most recent extensions benefitted from 462 days of Tolling Provisions associated with the COVID-19 Emergency Declaration, making their new expiration date February 24, 2024. BG notes that these permits also had bonds that were returned, citing a letter dated August 27, 2018 which the bond returns were requested and identifies the same process of the bonds being returned without the Commission's ratifications as 257 Crocker Lane. BG suggests a three-year extension for all the requests, and ratify the return of the bonds. He notes the synchronized nature of the (6) six permits. Casey Chatelain (CC) moves to approve a 3 -year Extension Order of Conditions/SE9-1680 Amended for 41 Saints Landing LLC (David and Emily Terry) at 41 Saints Landing to January 23, 2027 and the bond return on August 27, 2018 Gary Kaser (GK) Second. Approved 5-0-0. 10b. 50 Robbins Road, 50-2. Hayes. AOOC SE9-1679. Casey Chatelain (CC) moves to approve a 3 -year Extension Order of Conditions/SE9-1679 Amended for Howard and Steven Hayes at 50 Robbins Road to January 23, 2027 and the bond return on August 27, 2018. Gary Kaser (GK) Second. Approved 5-0-0. 10c. 53 Robbins Road, 50-1. Hayes. AOOC SE9-1683. Casey Chatelain (CC) moves to approve a 3 -year Extension Order of Conditions/SE9-1683 Amended for Bryan and Valerie Hayes at 5[3] Robbins Road to January 23, 2027 and the bond return on August 27, 2018. GK Second. Approved 5-0-0. 10d. 192 Robbins Hill Road, 49-79. Pyles. AOOC SE9-1684 Casey Chatelain (CC) moves to approve a 3 -year Extension Order of Conditions/SE9-1684 Amended for Thomas and CaroIy Pyles at 192 Robbins Hill Road to January 23, 2027 and the bond return on August 27, 2018. Approved 5-0-0. 10e. 194 Robbins Hill Road, 49-78. Berkman. AOOC SE9-1682. Casey Chatelain (CC) moves to approve a 3 -year Extension Order of Conditions/SE9-1682 Amended for Paul Smith & Maria Berkman at 194 Robbins Hill Road to January 23, 2027 and the bond return on August 27, 2018. Gary Kaser (GK) Second. Approved 5-0-0. 10f. 196 Robbins Hill Road, 49-77. Salo. AOOC SE9-1681. Casey Chatelain (CC) moves to approve a 3 -year Extension Order of Conditions/SE9-1681 Amended Harold and Carol Salo at 196 Robbins Hill Road to January 23, 2027 and the bond return on August 27, 2018. Gary Kaser (GK) Second. Approved 5-0-0. 10g. 785 Main Street/Drummer Boy Park, 26-27. TOB. SE9-1839. 10h. Crosby Landing, 115-7 115-8 115-9 & 115-11. TOB. SE9-1725. 10i. Walkers Pond, 10 -NA. TOB. SE9-1724. Bill Grafton (BG) suggests to the Commission that he needs more time to review the extension requests having spoken with the Natural Resources Director. BG requests a continuation for all (3) three Town permit requests to the February 13', 2024 Public Meeting. Steve McKerma (SM) moves to continue the Request For Extension Order of Conditions for SE9-1839, Town of Brewster at 785 Main Street/Drumm.er Boy Park, the Request For Extension Order of Conditions for SE9-1725, Town of Brewster 4 of 7 Conservation Commission Meeting Minutes - January 23, 2024 at Crosby Landing, and the Request For Extension Order of Conditions for SE9-1724, Town of Brewster at Walkers Pond to February 13, 2024. Gary Kaser (GK) Second. Approved 5-0-0. 8. Notices of Intent 8a. 83 Dune Road, 79-35. Whitcher. Continued Public Hearing. SE9-1960. The applicant's attorney has requested that the public hearing continue to the February 13, 2024 Public Meeting. Casey Chatelain (CC) motions to continue the public hearing for 83 Dune Road to the February I3, 2024 Brewster Conservation Commission Public Meeting based on the written request from the applicant's representative. Gary Kaser (GK) Second. Approved 5-0-0. 8b. 168 Highland Moors Drive, 115-38. Masi. Continued Public Hearing. SE9-1961. The applicant's representative has requested that the hearing continue to the February 27, 2024 Public Meeting. Casey Chatelain (CC) motions moves to continue the public hearing for 168 Highland Moors Drive to the February 27, 2024 Commission Public Meeting. Gary Kaser (GK) Second. Approved 5-0-0. 8c. 351 Point of Rocks Road. 79-23. Sheff. Continued Public Hearing. AOOC SE9-1714. The applicant's representative has requested that the hearing continue to the February 13, 2024 Public Meeting. Casey Chatelain (CC) motions to continue the public hearing for 351 Points of Rocks Road to the February 13"', 2024 Conservation Commission Public Meeting. Gary Kaser (GK) Second. Approved 5-0-0. 8d. 336 Robbins Hill Road. 38-77. Lee. New Public Hearing proposing invasive species management, native plant installation and beach nourishment within the 50 -ft buffer zone of a coastal bank and a coastal beach. SE9-1964. The applicant's representative has requested that the public hearing for 336 Robbins Hill Road continue to the February 13, 2024 Public Meeting. Casey Chatelain (CC) moves to continue the hearing for 336 Robbins Hill Road to the February 131, 2024 Conservation Commission Public Meeting. Gary Kaser (GK) Second. Approved 5-0-0. 9. Request for Certificate of Compliance 9a. 257 Crocker Lane, 694. Fields. SE9-1763. Bill Grafton (BG) describes the missing required documentation, which was submitted by the homeowners' consultant will be providing the requested additional information and suggests continuing to the February 13, 2024 meeting. Casey Chatelain (CC) moves to vote to continue the Request For Certificate of Compliance discussion for SE9- 1763/Fields at 257 Crocker Lane to February 13, 2024 to allow the applicant time to provide the requested additional information. Gary Kaser (GK) Second. Approved 5-0-0. 9b. 261 Linnell Landing Road, 103-13. Linger Longer by the Sea. SE9-1124. Bill Grafton (BG) describes that the current engineer is working with scant documentation from the previous engineer. BG and Chris Miller (CM) will meet with the applicant's representative next week to discuss the property and the applicable permits. 5 of 7 Conservation Commission Meeting Minutes — January 23, 2024 Casey Chatelain moves to vote to continue the Request For Certificate of Compliance discussion for SE9-1124, Captain Del Associates, Inc at 261 Linnell Landing Road to February 13, 2024. Gary Kaser (GK) Second. Approved 5-0-0. 16. Report of the Conservation Administrator _._........ _...._....__...___......_..._........._............ -- ..._.._..._........._..._ --- - ....._._. 16a. Discuss January & February Coastal Stabilization Work Meeting Time and Dates. The Commission decides on Thursday February 29t' at 6:00 PM for the work meeting, which will be publicly available. Bill Grafton (BG) describes the purpose of the work meeting, an agenda will posted and the work meeting will be open to the public. BG details the preparatory work that staff will perform in advance of the meeting. 17. Meeting Minutes and Other Administrative Revisions for Review and Ratification 17a. Draft June 27, 2023 Meeting Minutes. Bill Grafton (BG) distributed the draft meeting minutes for June 27, 2023 and received no Commissioner comments. BG asks if there are any edits from the Commission for the Meeting Minutes. There are none. Casey Chatelain (CC) moves to approve the meeting minutes of June 27, 2023 as prepared. Gary Kaser (GK) Second. Approved 5-0-0. 17b. Draft Oct 10, 2023 Meeting Minutes. Bill Grafton (BG) distributed the draft meeting minutes for October 10, 2023 and received no Commissioner comments. BG asks if there are any edits from the Commission for the Meeting Minutes. There are none. Casey Chatelain (CC) moves to approve the meeting minutes of October 10, 2023 as prepared. Gary Kaser (GK) Second. Approved 5-0-0. 17d. Draft Nov 14, 2023 Meeting Minutes. Bill Grafton (BG) distributed the draft meeting minutes for November 14, 2023 and received no Commissioner comments. BG asks if there are any edits from the Commission for the Meeting Minutes. There are none. Casey Chatelain (CC) moves to approve the meeting minutes of November 14, 2023 as prepared. Gary Kaser (GK) Second. Approved 5-0-0. 17e. May 28" Public Meeting Conflict. Cassandra West (CW) informs the Commission that the Town rescheduled the Annual Town Election, which now conflicts with the Conservation Commission meeting on May 28th, 2024. She suggests rescheduling the meeting to Thursday, May 30, 2024. Steve McKenna (SM) moves to approve the new meeting date on May 30, 2024. GaryKaser (GK) Second. Approved 5-0-0. 17c. Draft Oct 24, 2023 Meeting Minutes. Bill Grafton requests more time to review the minutes before submitting them to the Commission. 6of7 Conservation Commission Meeting Minutes — January 23, 2024 Steve McKenna (SM) moves to table the minutes for October 24, 2023 to the February 13, 2024 Public Meeting. Gary Kaser (GK) Second. Approved 5-0-0. 20. _ Next Meeting: February 13, 2024 21. Adjournment Casey Chatelain (CC) moves to adjourn the meeting. Gary Kaser (GK) Second. Meeting adjourned at 7:11 PM. Respectfully Submitted. Cassandra lest, Senior Department Assistant 7of7 Conservation Commission Meeting Minutes -- January 23, 2024