HomeMy Public PortalAboutConservation Commission -- 2023-07-25 MinutesAPPROVED 03/12/2024
Town of Brewster Conservation Commission Vote: 6-0-0
04 .o� tiX oizR 1657 Main St., Brewster, MA 02631
conservation@brewster-ma.gov
(508} 896-4546
MEETING MINUTES
"�oAPflRase� July 25, 2023 6:00 PM
Conservation
Commission Commissioners Present: Chair Michael Tobin (MT), Vice Chair Casey Chatelain (CC),
Bruce Evans (BE), Kimberly Crocker Pearson (KP), Ron Slowek (RS)
Michael Tobin Commissioners Absent: Steve McKenna (SM), Gary Kaser (GK)
Chair Staff Present: Bill Grafton (BG), Chris Miller (CM)
Casey Chatelain 1. Call to Order
Vice Chair 2. Meeting Declaration of Participation Statement
Commissioners 3. Public Comment/ Citizens' Forum
Bruce Evans 4. Recording Statement
Gary Kaser 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
Kimberley Crocker audio tape this meeting they are required to inform the chair.
Pearson 5. Public Announcements and Comment
Ron Slowek Members of the public may address the Conservation Commission on matters not on the meeting's agenda for a
Steve McKenna 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.
Staff 6. Discussion __..........._..._ _..........__._........._.. -v_.--•--.�..
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Natural Resources Casey Chatelain chairs in the absence of Chair Mike Tobin.
Director
Bill Grafton, 6a. Ocean Edge I & II, 2907 Main Street, 90-160 (14-1) Dissolution of Enforcement Order/WPA
Conservation Form 9 — Tom Monaghan
Administrator
Bill Grafton (BG) notes that two Enforcement Orders (EOs), one to Barbara Balasa at 145 Chapman
Lane Rear and one to Oceans Edge I & 11, 2907 Main Street were issued by previous Conservation
Administrator Aguiar for alterations to a coastal river and dunes adjacent to the two properties. On
August 30, 2019 an Enforcement Order was issued to Barbara Balasa, owner of 145 Chapman Rear.
On September 19, 2019 an Enforcement Order was issued to Ocean Edge I & 11 c/o CJ Management,
owner of 2907 Main Street. Both parties appeared separately before the Commission and indicated they
were not responsible for the alterations. Conservation Administrator Aguiar subsequently contacted
Greg Berman, Coastal Process Specialist at the Cape Cod Cooperative Extension, who visited the site
and sent a letter suggesting that the excavated material remained in the area and would be redistributed
to the river channel through tidal cycle and storm events. Oceans Edge eventually posted "do not alter"
signage in the area, and a November 7, 2019 letter from Administrator Aguiar indicated that this signage
"shall rescind the enforcement order" for Oceans Edge; however, the Commission did not formally
vote to dissolve either order. BG suggests that the Commission do so now so the record is clear.
Bruce Evans (BE) moves to direct the Conservation Administrator to issue a Dissolution Letter for the
Enforcement Order issued on August 30, 2019 to Barbara Balasa, owner of 145 Chapman Lane Rear,
for unpermitted alteration to a coastal river and adjacent dunes pursuant to The Commission's public
meeting discussion on September 17, 2019. Kim Pearson (KP) second. Approved 4-0-0.
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Conservation Commission Meeting Minutes — July 25, 2023
Bruce Evans moves to direct the Conservation Administrator to issue a Dissolution Letter for the Enforcement Order issued
on September 19, 2019 to Ocean Edge I & II located at 2907 Main Street, under property management of Corcoran-
Jenninson Management, for unpermitted alteration to a coastal river and adjacent dunes pursuant to the Commission's public
meeting discussion on October 15, 2019 and the subsequent posting of Commission -required signage in the coastal dunes
by Ocean Edge I & II satisfying the Commission's requirement. Kim Pearson second. Approved 4-0-0.
6b. 183 South Pond Drive, SE9-1711. 88-5 (27-94). Dissolution of Enforcement Order/WPA Form 9 —Marty Lucenti
A minor change to the planting plan required under the Order of Conditions (OOC) was approved by the Commission at
the July 11 meeting. As part of BG's review of this request and applicant's Certificate of Compliance request to be heard
later this meeting, Bill Grafton (BG) noted that an Enforcement Order was issued on May 10, 2016 for unauthorized clearing.
BG suggests that this Enforcement Order be dissolved based on the new owner's good faith implementation of the planting
plan, the Minor Change to Plan approving plant species alterations approved by the Commission on July 11, 2023 and
cooperation with the Conservation Administrator and Commission.
Bruce Evans (BE) moves to direct the Conservation Administrator to issue a Dissolution Letter for the Enforcement Order
issued on May 10, 2016 to Marty Lucenti, owner of 183 South Pond Drive, for unperm itted alteration to vegetation adjacent
to Sol's Pond. Kim Pearson (KP) second. Approved 4-0-0.
8. Notice of Intent, Request for Amended Order of Conditions, and Abbreviated Notice of Resource Area
Delineation _.
Sa. 104 Canoe Pond Drive, SE9-1952, 24-60 (36-230). New Public Hearing. Hongying Xie Revocable Trust -2012
proposes to install a seasonal aluminum dock, as well as After -the -Fact approval of an existing kayak rack within
inland bank, bordering vegetated wetland, land under waterbodies and waterways, and bordering land subject to
flooding and buffer zone to bordering vegetated wetlands.
The applicant has requested a continuation to the September 26, 2023 BCC public meeting.
Kim Pearson (KP) moves to continue to the September 26, 2023 Commission Public Meeting to allow the applicant's
consultant additional information to address the Commission's request for additional information. Ron Slowek (RS) second.
Approved 4-0-0.
8b. 1439 Main Street, SE9-19XX. 48-61(24-1) New Public Hearing. Latham Centers, Inc. proposes new construction,
grading & stormwater improvements within the 100 -foot setback to wetlands.
Attorney Andrew Singer (AS) along with project engineer Jeremy Belanger (JB), T.F. Moran present for the applicant. The
project was originally permitted under the Order of Conditions SE9-1851, which expired on April 14, 2023 while ZBA
review and financing were ongoing. They have since changed the project to remove a proposed residential building outside
Commission jurisdiction; all work inside the buffer zone remains the same as originally proposed. They have since obtained
ZBA approval, and a stormwater permit hearing with the Planning Board is set for tomorrow.
Bill Grafton (BG) notes that the MassDEP Wetlands Protection Act File Number has not yet been issued, so the matter
cannot close tonight and the Commission needs to determine if the discussion can be held tonight or contined to a date
certain due to the lack of MassDEP WPA File Number. The Commissioners agree to deliberate on the project now, and
then continue the hearing pending receipt of the number.
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Conservation Commission Meeting Minutes — July 25, 2023
Kim Pearson (KP) asks if the updated filing takes into the account the new stormwater regulations that have been adopted
in Town; AS indicates that the plans were reviewed with the new regulations in mind; the stormwater management system
remains the same as originally proposed despite the removal of the residential building - "the system as currently shown is
oversized."
Bruce Evans (BE) inquires about the use of organic fertilizers inside the buffer zone, as specified in Special Condition A18
of SE9-1851. BG will send the language to AS, who has no objection.
Ron Slowek (RS) questions whether applicant paid too much in application fees; BG notes that a Commission vote would
be required to return the funds if this is determined to be true.
RS also questions the design of the proposed stormwater system, noting that "it seems like you're putting an awful lot of
pressure on those catch basins" inside the 100, which seem to drain to the wetland without pretreatment.
Chair Mike Tobin joins the meeting at 6:27pm.
In response to RS, AS explains the rationale for their design - they have eliminated the residential building but left the
system as is to accommodate possible future construction - and explains how they expect the stormwater will flow post -
construction, which will be into the subsurface treatment systems and not the wetland, RS indicates he is okay with the
system provided it will provide pretreatment as indicated. RS also questions applicant's claim that the project reduces the
impervious coverage inside the 100 by 2300 sq ft (34%) which appears to be increased by 3500 sq ft." AS indicates that
the proposed addition of plants/]and scaping and curving the parking area, as opposed to squaring it off, accounts for the
decreased impervious coverage; he is willing to double check the calculations. BG notes he was able to get applicant to
increase the mitigation plantings in this latest submission and suggests a wetland buffer table in a revised site plan. RS
would like applicant to double-check their impervious coverage calculations, as he couldn't confirm their number. AS
reviews their figures for existing and proposed conditions with RS.
Casey Chatelain notes that requested revisions include adding references to the bituminous curbing, double-checking the
impervious coverage calculations. BG would also like them to add a wetland mitigation buffer legend to the main plan
sheet but otherwise states the plan set is well detailed; AS indicates the table was included in their July 11 submission. Kim
Pearson would like to review the plant list and encourage native plants, possibly at the next hearing after the other revisions
are in.
There was no public comment; the matter was continued pending receipt of a MassDEP WPA File Number and revisions
as discussed.
Bruce Evans (BE) moves to continue the public hearing for Latham Centers, at 1439 Main Street, to August 8, 2023 to allow
time for the issuance of the MassDEP File Notification Number. Kim Pearson (KP) second. Approved 5-0-0.
Casey Chatelain turns over meeting to Chair Michael Tobin at 6:42 p.m.
9. Request for Certificate of Compliance
9a.183 South Pond Drive, SE9-1711. 88-5 (27-94). RCOC — Marty Lucend
A minor change to the planting plan was approved by the Commission at the July 11, 2023 meeting. As Built plans have
been provided by project engineer John O'Reilly. Bill Grafton visited the property and noted some oriental bittersweet
encroaching on an established patch of bayberry which might warrant a future filing for treatment, but suggested issuance
of a complete Certificate of Compliance.
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Conservation Commission Meeting Minutes — July 25, 2023
Bruce Evans (BE) moves to approve a Complete Certificate of Compliance for SE9-1711 at 183 South Pond Drive. Kim
Pearson (KP) second. Approved 5-0-0.
10. Request for Extension Order of Conditions
10a. 0 Winslow Landing, 12 Ring Rock Road & 22 Ring Rock Road SE9-1620 91 2/3/4 (former 7, 1/3/5) — Judy
Scherzo
Bill Grafton (BG) notes that the $2000 bond required under the Order of Conditions for this coastal stabilization project has
been submitted to the Town but no substantive monitoring reports have been provided. BG has conveyed the Commission
requirements for such reports to the property owner and suggests issuance of a 3-year Extension Order of Conditions.
Bruce Evans (BE) moves to approve a 3-year Extension Order of Conditions to July 25, 2026 and direct the Conservation
Administrator to include language in the cover letter about the requirement for Annual Monitoring which is due by May
15th as per Special Condition A40. Kim Pearson (KP) second. Approved 5-0-0.
10b. 41 Captain Dunbar, SE9-1497 9139 (former 7,14) — Paul Roberts
Bill Grafton (BG) notes this Order of Conditions (OOC) is part of a coastal stabilization project encompassing 41, 47, and
51 Captain Dunbar. A bond for this OOC has been submitted to the Town. Annual renourishment with American Beach
Grass is required but annual monitoring is not. The OOC was originally issued in 2013 but remains open due to several
extensions and COVID tolling; however, the owner of 47 Captain Dunbar has let his OOC lapse and will be submitting a
new Notice of Intent. BG will be following up with all three property owners, and suggests granting a three-year Extension
Order of Conditions based on the bond and applicant's cooperation.
Kim Pearson (KP) moves to approve a 3-year Extension Order of Conditions to July 25, 2026. Ron Slowek (RS) second.
Approved 5-0-0.
10c. 51 Captain Dunbar, SE9-1495 9141 (former 7, 16) — Steve Fasman Jud
Bill Grafton (BG) notes this Order of Conditions (OOC) is part of a coastal stabilization project encompassing 41, 47, and
51 Captain Dunbar. A bond for this OOC has been submitted to the Town. Annual renourishment with American Beach
Grass is required but annual monitoring is not. The OOC was originally issued in 2013 but remains open due to several
extensions and COVID tolling; however, the owner of 47 Captain Dunbar has let his OOC lapse and will be submitting a
new Notice of Intent. BG will be following up with all three property owners, and suggests granting a three-year Extension
Order of Conditions based on the bond and applicant's cooperation.
Ron Slowek (RS) moves to approve a 3 -year Extension Order of Conditions to July 25, 2026 and direct the Conservation
Administrator. Bruce Evans (BE) second. Approved 5-0-0.
10d. Sears Point Drive, SE9-1640 & SE9-1640 Amended 57-3 (former 4-1.1) — Sears Point Condominium Assoc. c/o
Mercantile Property Management Corp.
In addition to SE9-1640 & SE9-1640 Amended, there are two additional open Orders of Conditions (OOCs) for this property
(SE9-1804 and SE9-1932) for various approved beach nourishment/coastal stabilization activities, as well as an
Enforcement Order issued on December 12, 2016. All three OOCs require a $5000 bond but one has not been received for
SE9-1804. Bill Grafton (BG) suggests an extension so he can work with Mark Burgess (MB), Shorefront Consulting, on
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Conservation Commission Meeting Minutes — July 25, 2023
resolving the Enforcement Order and bond issues, consolidating the three OOCs, and arranging for additional Annual
Monitoring Reports in line with the Commission's requirements.
Bruce Evans (BE) moves to approve a 3 -year Extension Order of Conditions to July 25, 2026 and direct the Conservation
Administrator to include language in the cover letter about the requirement to submit Annual Monitoring Reports. Kim
Pearson (KP) second. Approved 5-0-0,
10e. 112 Governor Prence Road SE9-1696 58-21 (former 4-3) —Daniel Belanger
The Order of Conditions, SE9-1696 was issued for beach nourishment and coastal stabilization activities, and includes
special conditions requiring a $2000 bond that has been submitted to the Town, mitigation plantings, and annual monitoring
reports regarding both the planting and coastal stabilization components. An Extension Order of Conditions was issued on
April 11, 2019 but was not recorded. Bill Grafton (BG) notes that no Annual Monitoring Reports have been received since
2017 and without them it is difficult to determine whether the required mitigation was completed. As such, he recommends
a 2 -year extension to allow him to arrange for the receipt of monitoring reports that will meet the Commission's
requirements.
Bruce Evans (BE) moves to approve a 2 -year Extension Order of Conditions to July 25, 2025 and direct the Conservation
Administrator to include language in the cover letter about the requirement for Annual Monitoring Report which are due by
May 15th as per Special Condition A53, clear messaging that the beach renourishment and plantings are required, and
require submittal of the recorded Extension OOC issued on April 11, 2019. Kim Pearson (KP) second. Approved 5-0-0.
10f. 286 Robbins Hill Road. SE9-1813 38-81 (former 2-9) — Kevin Hoffman
The Order of Conditions was issued for beach nourishment and coastal stabilization activities and includes special
conditions requiring a $2000 bond that has not been submitted to date, mitigation plantings, and annual monitoring reports.
A Minor Change to Plan was approved in 2020. Bill Grafton (BG) notes that no Annual Monitoring Reports have been
received, and without them it is difficult to determine whether the required mitigation was done. As such, he recommends
a 1 -year extension to allow him to arrange for the receipt of the bond and monitoring reports.
Bruce Evans (BE) moves to approve a 1 -year Extension Order of Conditions to July 25, 2024 and direct the Conservation
Administrator to include language in the cover letter about the requirement for Annual Monitoring Reports, which are due
by May 15th as per Special Conditions A59 & A60, clear messaging that the beach renourishment and plantings are required,
and submittal of the required $2,000 bond. Kim Pearson (KP) second. Approved 5-0-0.
11. Show Cause
11a. 2628 Main Street, 89-14 (15-113-2) & 89-2 (27-4). Continued - Brown. Unpermitted cutting and clearing of
vegetation within 25 feet of inland wetlands as well as the placement of fill on and within 100 feet of inland wetlands.
Attorney Chris Senie (CS) and David Schlesinger (DS) present for property owner Stephan Brown (SB). CS advises that
since the last meeting, they have made the deposit to BSC Group for the restoration plan and a kickoff meeting with BSC
is set for tomorrow which Bill Grafton (BG) will attend. CS has also been working with Town Counsel Alex Weisheit
(AW) on an agreement for progressive dissolution of the active Enforcement Orders and provided a first draft to AW
yesterday. AW has briefly reviewed the draft with BG and Chris Miller (CM) and suggests that a good first step would be
approval by the Commission of an existing conditions plan with all the delineations, which could then be used to determine
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Conservation Commission Meeting Minutes — July 25, 2023
the proper action items and deadlines. BG has four items in particular that he suggests be addressed, and will raise these at
the kickoff meeting and initial site visit with BSC.
Attorney T. J. Hurrie (TH), representing abutter Michael Jardus (MJ), urges the Commission to review both the stipulation
and restoration plan to ensure SB is held to the same standard as all other applicants. In response to a query from TH
regarding recent potential work/activity, BG indicates he has not visited the property but is planning to do so with DS in the
near future. BG has not been authorized by the Commission to talk to SB about the authorization of any cutting at this time.
Mike Tobin (MT) is glad things seem to be moving forward.
DS would like Commission approval to consult with BG regarding an authorization to cut some Japanese knotweed that is
spreading quickly, and asks what the Commission and abutter notification requirements would be. BG suggests that the
Commission authorize him to review the request with DS in the field; he will then convey specific of the requests back to
the Commission for ratification.
Kim Pearson (KP) moves to direct the Conservation Administrator to work specifically with David Schlesinger on the
property at 2628 Main Street to investigate and identify issues that can be rectified. Ron Slowek (RS) second. Approved
5-0-0.
Bruce Evans BE moves to continue the show cause hearing for Brown at 2628 Main Stret to August 8, 2023. KP second.
Approved 5-0-0.
12, Report of Natural Resources Director
DNR staff have posted additional "keep off the dunes" signs at several points.
16. Next Meeting
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August 8, 2023
17. Adjourn
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Bruce Evans (BE) moves to adjourn. Ron Slowek (RS) second. Approved 5-0-0. Meeting adjourned at 7:15 PM.
Respectfully Submitted,
Al
Cassandra West, Senior Department AsSistdnt
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Conservation Commission Meeting Minutes – July 25, 2023