HomeMy Public PortalAboutConservation Commission -- 2023-12-12 Minutes wAPPROVED 03/12/2024
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MEETING MINUTES
2198 Main Street
December 12, 2023 6:00 PM
The meeting may be viewed by:Live broadcast(Brewster Government N Channel 18),Livestream
flivestream.brewster-maRov),or Video recording;tv.brewster- q.j.gyL
CONSERVATION Commissioners Present: Chair Michael Tobin(MT), Bruce Evans(BE),Kimberly Crocker Pearson(KCP),
COMMISSION Ron Slowek(RS), Steve McKenna(SM)
Commissioners Absent:Vice-Chair Casey Chatelain(CC),Gary Kaser(GK)
Michael Tobin Staff Present: Bill Grafton(BG),Cassandra West(CW), Chris Miller(CM)
Chair
1. Call to Order: 6:02 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 will be video and audio taping as well as broadcasting this public meeting. In addition, if anyone else
Bruce Evans intends to either video or audio tape this meeting they are required to inform the chair.
Gary Kaser 5. Public Announcements and Comment: Members of the public may address the Conservation
Kimberley Crocker Commission on matters not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's
Pearson discretion. The Conservation Commission will not reply to statements made or answer questions
Ron Slowek
Steve McKenna raised during public comment but may add items presented to a future agenda.
STAFF 6. _Discussion _
Chris Miller,
Natural Resources 6a.87 North Pond Drive, SE9-1934. 89-58. Rau &Schiffman temporary kayak rack location.
Director Conservation permitting inquiry. —Deborah Rau
Bill Grafton, Deborah Rau (DR)of 87 North Pond Drive present via Zoom.DR addresses the kayak rack on her
Conservation property that is within the 50-ft buffer of North Pond and has been for years. She is requesting to leave
Administrator the kayak rack where it is.
Cassandra West,
Senior Department Bill Grafton(BG)comments that the Commission requires other properties to move their kayak racks
Assistant outside the 50-ft buffer zone. BG suggested DR meet with the Commission to discuss discus her
request.
Kim Pearson(KP)asks how this discussion item fits into the later issue on the agenda for the
property?BG describes the difference between this Discussion Item and Item 12a later in the meeting.
DR describes an alternate property which has kayaks on the pond fringe. When DR bought the house
in 2012,the property was as it is now.
Chair Mike Tobin(MT) is of the belief that a kayak rack should be put where the kayaks are going to
be used. BG clarifies that the rack is temporary and doesn't result in any cutting of vegetation. Ron
Slowek(RS)disagrees overall but acknowledges that it depends on the site. At 87 North Pond.Drive,
the current location seems to be the least disturbing area on the property.
KP requests the meaning of temporary. BG states that no footings were put in the ground.
Bruce Evans(BE) asks about the disturbance of vegetation. MT clarifies that the lawn was established
prior to DR purchasing the property in 2012.
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KP moves to vote to approve the temporary kayak rack to be located within the 50-foot setback in its current
location. Steve McKenna(SM) Second. Approved 5-0-0.
8. Notices of Intent
8a. 104 Canoe Pond Drive,24-60. Continued public hearing.Hongying Xie Revocable Trust-2012. SE9-1952.
Mark Burgess(MB)of Shorefront Consulting presenting for the Applicants. MB provides a history of the application
since the last public meeting on 6/13/2023 which gave rise to a planting list being developed to meet the Commission's
requirements.
Ron Slowek(RS)comments that he noticed during at a site visit with Bill Grafton(BG) and Commissioner Bruce Evans
(BE)that the rail looked new, and noticed fresh cutting, including several trees that were cut with the stumps remaining,
but strategically obscured from aerial view due to canopy cover of the few remaining large trees. Bill Grafton(BG)
confirms that a cease and desist was made for the vegetative management and a revised wetland line was requested. BG
details the planting plan developed by MB, for which he provided comments.
Kim Pearson (KP), BG and MB discuss the proposed mitigation plantings.
Chair Mike Tobin(MT)asks about the benefit of grinding the stumps down?MB references the poison ivy in the area,
and the intent to allow the area to naturalize with lowbush blueberry and without the poison ivy.BG notes there will be
(3)three successive growing seasons and annual monitoring report submittals to ensure that the plants mature and suceed.
BG notes the stairs going down to the pond and cites a submitted photo of the water level. He details the seasonal dock
will be deployed annual from May 151h to November 301,and stored upland of the resource area.BG suggests the
Commission ask for more clarity on the dock storage.MB suggests that the dock be stored on the kayak rack and bring the
kayaks up for the winter. MT suggests that the Order of Conditions call out that the dock be stored outside the 50-ft
buffer, BG suggests that the kayak rack should be on the plan if it's going to be the permanent location.
RS has an issue with the location of the kayak rack. Whether the current owner cut it, it's clear that cutting occurred in a
heavily vegetated area to make room for the kayak rack. He is wary of approving cutting into heavy vegetation for canoe
or kayak racks.
Steve McKenna(SM)suggests looking into kayak racks that bolt onto the side of an aluminum dock, allowing for storage
on either side of the dock during the season. BG confirms that at the end of the season the dock and attached kayak rack
be stored outside of the 50-ft buffer. MB agrees that the best option is for the Commission to order that the kayak rack be
removed and arrange for a kayak rack seasonally stored on the new dock and stored outside of the 50-ft buffer during the
off-season.
Bruce Evans(BE)moves to vote to close the Public Hearing and issue an Order of Conditions with standard dock special
conditions. SM Second.Approved 5-0-0.
8b. 83 Dune Road,79-35.Whitcher. Continued Public Hearing. SE9-1960.
The applicant has requested a continuation to the January23,2024 Public Meeting.
Steve McKenna(SM)moves to vote to continue the public hearing to the January 23, 2024 Brewster Conservation
Commission Public Meeting based on the written request from the applicant's representative.Ron Slowek(RS)Second.
Approved 5-0-0.
8c. 168 Highland Moors Drive, 115-38.Masi.New Public Hearing. Angelo and Pamela Masi propose the
replacement of an existing deck and rinse station,construction of an addition and covered porch,installation of a
subsurface drainage system,replacement of an existing septic system with a new Title V septic system and
plantings within the buffer zone to coastal bank and bordering vegetated wetland. SE9-1961.
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The applicant has requested that a continuation to the January 9`t'Public Meeting.
Kim Pearsons(KP)moves to vote to continue to the January 9,2024 Commission Public Meeting. Steve McKenna(SM)
Second.Approved 5-0-0.
8d.0 Underpass Road (Lots 2 &3),77-10 & 77-60.Whitcomb.New Public Hearing. Charles Whitcomb proposes
the construction of a commercial bay building(5 bays)with a 2-bedroom apartment,and construction of the
associated parking,landscape, drainage,sewage system,utilities and mitigation plantings within the 100-ft buffer
zone to a bordering vegetated wetland. SE9-1962
John O'Reilly(JO)Professional Engineer, Phil Cheney(PC)Landscape Architect,Charlie Whitcomb(CW)Owner, and
Paul Wallace (PW)Abutter present. JO describes the Spring 2023 Stormwater and Amended Order of Conditions
applications for the property, as well as the current proposal to construct a commercial building with an attached
apartment within 60-ft of the resource area,which is within the previously approved limit of work. Associated with the
building is a large gravel area at the back of the site for equipment and material storage associated with the building
trades. JO proposes Town and State Title V-compliant septic system and an industrial wastewater holding tank, required
by the Massachusetts State Plumbing Code. The project proposes pavement and gravel in CW's lot, and eventually PW's
lot,which is outside of the 100-ft buffer. JO has designed stormwater drainage for both sites to fit Town and State
Stormwater regulations.The grading pitches from the north towards the south, picking up stormwater through deep-sum
catch basins and an oil grit separator, and a bio-swale for the main portion of the paved parking lot.
PC addresses the site landscaping,as well as relocation of mitigation plantings. PC met with BG on site to discuss
relocating the originally approved mitigation plantings from an approved wooded area under SE9-1920 and SE9-1920
Amended to a more appropriate location closer to the 50-foot buffer and tree line. The proposal maintains the previously
approved]200-sqft of mitigation plantings,while adjusting the plant species to include more shrubs.JO identifies the
originally approved area from Wetland Flags 17A—14A, which is fully revegetated. The PC mitigation plantings include 4
native trees and 34 native shrubs,as well as vine management,namely greenbrier.
Steve McKenna(SM)asks the reason for gravel verses pavement? JO believes that gravel would be a better material
around the material bays,which hold materials such as gravel and mulch.
BG asks PC about the initial intention to remove Japanese Knotweed and expand the mitigation area. PC, upon further
inspection of the site,found a location for mitigation planting which achieved the size goal without requiring the Japanese
Knotweed removal.
BG asks JO about outflow on the Stormwater report for Reach R2 and Reach R3? JO clarifies that R2 represents
preconstruction and R3 represents the stormwater runoff after the job.He describes the intention of the proposed
stormwater plan. BG asks if a 38%change would significantly deplete the adjacent wetland water sources? JO does not
expect it to. BG is satisfied with JO's responses. BG and JO discuss the Long-Term Pollution Prevention Plan,which
does not include an illicit discharge compliance statement. JO is not proposing any additional discharge, as there is no
overflow pipe. JO notes that the Long-Term Pollution Prevention Plan will be part of the larger Stormwater Permit yet to
be submitted. BG notes that the Applicant and Contractors are cooperative,and that the Stormwater Pollution Prevention
Plan has not been submitted but should be once the disturbance begins.JO clarifies that the Stormwater Permit will be
submitted through the Planning Board. BG makes a note that the main Stor nwater documents that overlap with 310
CMR,when approved by the Planning Board,will also be submitted to the Commission. BG confirms that the
Commissioners want the signed Illicit Discharge form before the work starts.
Bruce Evans(BE)moves to close the Public Hearing and issue an Order of Conditions with Standard Special Conditions.
Kim Pearson(KP) Second.Approved 5-0-0.
JO confirms with BG that the December 26,2023 Public Meeting has been cancelled.
6. Discussion,Cont.
6d.Draft November 28,2023 Meeting Minutes for Review&Ratification by Commissioners.
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Bill Grafton distributed the meeting minutes for November 28,2023 for Commission comments. None received and no
further edits at this time.
Steve McKenna(SM)moves to approve the meeting minutes for the November 28,2023 Public Meeting as edited. Kim
Pearson(KP) Second.Approved 5-0-0.
6c.Draft September 26,2023 Meeting Minutes for Review&Ratification by Commissioners.
Bill Grafton(BG) requests additional time to provide the draft meeting minutes to the Commissioners. The draft minutes
will continue to the January 9, 2023 Public Meeting.
Kim Pearson(KP)moves to continue the meeting minutes to the January 9, 2023 Public Meeting. Steve McKenna(SM)
Second. Approved 5-0-0.
6b.Draft September 12,2023 Meeting Minutes for Review&Ratification by Commissioners.
Bill Grafton distributed the meeting minutes for September 12, 2023 for Commission comments. None received and no
further edits at this time.
Bruce Evans(BE)moves to approve the meeting minutes for the September 12,2023 Public Meeting as edited.Kim
Pearson (KP) Second. Approved 5-0-0.
8. Notices of Intent,Cont.
8e.351 Point of Rocks Road. 79-23.Doug Sheff requests to Amend the Order of Conditions under SE9-1714 to
include special conditions under a separate permit,SE9-1797 for completions of shoreline stabilization work,
including installation on a fiber roll array and sturdy sand drift fence,beach nourishment,and revegetation work.
SE9-1714.
Nick Crawford (NC)from Crawford Land Management presenting on behalf of the client.NC describes the submitted
Request for Amended Order of Conditions with the intent to continue with a previous Order of Conditions (OOC)that has
since expired, one being a small mitigation plant and upland restoration,and the second being the installation of a coir roll
fiber array and sturdy drift fence.The Amended Order of Conditions seeks permission to maintain area invasive free with
an open and valid pen-nit to bring the previous mitigation requirements into compliance and nourish the coir fiber array
and sturdy drift fence area under OOCISE9-1714.
Steve McKenna (SM)requests that if the Commission approves an ongoing annual nourishment,that the Commission
require a minimum annual amount.NC notes that, currently,the Conditions include a trigger requirement enough to cover
the sturdy drift fence.
Kim Pearson(KP) states that given the previous OOC expired,the Commission is not required to uphold the previous
Conditions. Bill Grafton(BG)understands that the language from the previous Order of Conditions doesn't meet SM's
requirements for beach renourishment. KP notes that the nourishment is not to cover the structure,but to make up for the
nourishment that is not coming into the system. SM offers; Length of Structure x Height of Bank x Short-Term Erosion
Rate as the best available calculation. BG and SM discuss the effects of the groins on the system.
NC asks that, if the Commission requires an annual minimum amount of nourishment,they approve the flexibility to
nourish anywhere above mean high tide. He cites wariness of burying American Beach Grass.
Chris Miller,through the chair,notes that the area is not getting as much long shore transport as other areas. CM identifies
the nearby Town Landing as a location at which the Applicant could deposit the annual nourishment requirement into the
system, if the Applicant's property can't accommodate the entirety of the nourishment.
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KP and SM discuss the depth to which American beach grass can withstand being buried in sand. SM states that up to a
2-foot veneer is fine as American beach grass is reliant with deep roots. SM thinks the volumes being discussed are not
insurmountable, but if the site can't hold the required nourishment,the Town Landing option is viable.
BG speaks to NC's intent to use sketches to combine the previously designed plans which were signed and stamped by
John O'Reilly,PLS & RPE. This step is an interim alternative to a new surveyed plan. In this instance,BG suggests that
the Commission consider the sketch referencing the combination of the approved plans from the expired permit, SE9-
1797 and the valid permit, SE9-1714. SM suggests adding mean high water to the plan. BG wants NC to drop the
reference to SE9-1519, due to the Certificate of Compliance. BG reminds NC that the referenced Administrative Review
is only good for six months so this should be removed from the sketch plan. BG suggests that the goal of the Request for
an Amended Order of Conditions to SE9-1714 consolidates the best parts of SE9-1797 and SE9-1714. SM believes it will
be difficult to issue an Amended Order of Conditions without a current site plan.
SM asks if there are no requirements for a site plan with a Notice of Intent. BG states that typically,a surveyed plan is
required and notes that, in this instance,the conditions on the site aren't changing,and it's an Amendment to an existing
Order. He believes it will be useful to combine the plans into one sketch plan,to support field use and regulation since it
will reference approved site plans that are signed and stamped by a PLS & RPE
BG reads the project descriptions for SE9-1797 and SE9-1714 into the record.
The Commission discusses an additional referenced permit, SE9-1519,which is closed out.No conditions from this
permit, specifically the vista corridor,can be brought into the Amendment for SE9-1714, BG needs to speak with NC
regarding the vegetative management,view corridor. BG clarifies that the goal is to make it possible for the property to be
renourished.
Bruce Evans (BE)moves to continue the Public Hearing to January 9, 2024 to allow the applicant's representative time to
address Commission comments and coordinate the final sketch plan and special conditions.Ron Slowek(RS) Second.
Approved 5-0-0.
11. Show Cause
Ila.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.
Christpoher Senie(CS)Attorney for the Property Owner, David Schlessinger(DS) Property Manager,and Kieran Healy
(KH) of the BSC Group. CS and DS worked with BSC Group and Bill Graton(BG) to provide a new set of drawings, in
response to the discussion at the last meeting. KH provides an summary of the six(6)submitted revised plans. He notes
that the mitigation plantings are on the last two sheets.
DS believes they have been diligent in incorporating Commission suggestions into the restoration plan,and are hopeful
for Commission approval.BG provides a description of the actions of the DS and CS to provide a restoration plan on
Monday,December 11,2023. The pictures are on the plans to provide a point of reference as discussed.The restoration
plan has comprehensive components including the area along the 50-foot buffer,BG brings Area 8 to the attention of the
Commission suggesting mitigation in this area.
BG describes each Area 1-8 on the restoration plan in detail,noting specifically that Area 8 doesn't include mitigation
plantings that he suggests the Commission require,the Jardus property near Area 7, and some debris in Area 5 that needs
to be removed.BG notes a Culvert Restoration Plan as part of the Stipulated Consolidated Order. BG suggests to the
Commission approve the submitted plans with a requirement for final revisions to be submitted by a date certain.
Chris Miller(CM)offers questions, noting that the main plan shows campers, and asks for clarity on the plan whether
they are still on the site. DS affirms that the campers are not on the site, in which case they should be referenced on the
plan as `former campers'.CM asks the Commission to discuss the hoop garages and chicken pens.DS clarifies that there
are no longer chickens.
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Chair Mike Tobin(MT)asks about the culverts? These will be addressed in phase 2, 3 and 4,depending on which culvert
is being discussed.BG asks about the Temporary Culvert Management Plan.DS didn't have much to offer. BG suggests
including specific language, referencing UMASS Amherst Cut and Massachusetts Department of Ecological Restoration
for Culvert Maintenance Manual for ongoing culvert maintenance and also reference the Plymouth Country Mosquito
Control.
Kim Pearson (KP) suggests that the fill should be removed in Picture 10 which is near wetland flag C13 with a vehicle
and Picture 1 I which is near wetland flags C38 by hand.
MT asks about the two-story shed?DS affirms that the original permit was approved for a one-story shed and modified by
the Building Department to allow a two-story shed. The second story was built with a building permit..MT cites the
proximity to the 50-foot buffer zone. DS notes that wings were being added to it previously.MT is concerned about the
activity being performed around the shed and would like to reduce the activity so that it doesn't creep into the 50-foot
buffer.KH suggests fencing at perhaps three sections North and three sections South.
CM reminds the Commission that the intent of the shed was for agricultural purposes,and that they can include language
to require any associated activity to remain upland side of the shed, as marked by the fence and that one of the hoop
fences is within the 50-foot and wants to know if the Commission is asking for it to be removed?DS agrees that the hoop
fence can be removed in Phase 2.
Bruce Bierhans(BB)Counsel for Michael Jardus(MJ)abutter, BB would like the opportunity to review the plans before
any final action is taken by the Commission. KH clarifies that the proposed plantings is 300-foot from the Jardus property
MT confirms that the recent revisions have not changed regarding the Jardus property.BG confirms that Area 7 is a No
Touch Zone.
All present discuss Area 8 Restoration planting requirements. BG advocates for requiring plantings. KH asks that
revegetation requirements be evaluated in one year,and reads the current language from the proposed plans regarding fill
removal and revegetation in Area 8.MT is amenable to the current language.
All present discuss the timeline. CS details the four phases of the project. He suggests allotting a year to complete each of
Phases 2,3 and 4. Alex Weisheit(AW)Town Counsel from KP Law,agrees with CS in terms of working collaboratively
on the agreement, and defers to the Commission and Applicant's Consultants regarding the proposed timeline.
KP asks where the planting plan fits in the timeline. CS confirms that the planting plan will be done by December 1, 2024.
MJ, abutter at 105 Taylor Lane wants to confirm that the plan will not be approved tonight, as he hasn't had adequate time
to review the revised plans. MJ points out the bike trail access through the buffer zone.All present discuss whether to
approve the submitted plans with the noted revisions,or else to continue the hearing to the next Public Meeting. CS notes
that T.J. Hurrie, who had been representing MJ, had recently left the firm. CS did not forward the plans to BB,as he had
been doing previously.CS accepts continuing the hearing. AW thinks a continuance will allow CS and him to finalize the
dates in the Stipulated Consolidated Order.
CM suggests the Coinmission discuss if there are any additional requirements for permits beyond what is in the
agreements. He points out the culvert restoration will require submittal of a separate Notice of Intent in Year 3. CM thinks
the Commission should direct on whether any additional permits will be required for any of the activities listed in this
plan. CM confirms that the intent is that the Stipulated Consolidated Order is the permit, except for the work on the
culvert itself.
KP notes that the proposed bike path is pending the approval of the Abutter. CM confirms they directly abut State
property, which includes the bike trail. They would need permission from the state to do trail work.
SM suggests doing the culvert under continued Enforcement, saving the process fees of a Notice of Intent, as well as the
opportunity to appeal. BG reminds the Commission that Enforcement carries up to a$300 a day per activity fine. Furter,
BG suggests waiving the $300 per day per activity fine as the Commission would be to make the submittal process more
streamline and not punitive. CM advises that the final release of the Enforcement Orders will not be done until the culvert
is complete, AW clarifies that a different Enforcement Order within the Stipulated Consolidated Order will be dissolved at
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each stage. CS confirms that according to the Stipulated Consolidated Order that the January 2022 Enforcement Order
remains in effect until the final culvert is installe
KH asks about hard copy requirements? BG states(10)ten hard copies and(1)one digital copy are required.
DS asks if the Commission has narratives for the photos so that they can note them on the plan? MT suggests: Remove
the fill on Photos 10 and 11, debris in Photo 9,take out the hoops,put in markers and stay out of the 50-foot buffer.
BG confirms that revised plans are required to be submitted by 12 noon, Friday,December 22,2023.
All agree to continue the hearing to January 9,2024. CS will not be in attendance,and so AW will present the Stipulated
Consolidated Order.
Bruce Evans(BE)moves continue the enforcement discussion for 2628 Main Street to January 9, 2024. Ron Slowek(RS)
Second.Approved 5-0-0.
9. Request for Certificate of Compliance
9b. 148 Griffith's Pond Road,54-7. Cheney. SE9-1880.
Bill Grafton (BG)advises that the Commission approves a Complete Certificate of Compliance.
Bruce Evans(BE)moves to approve a Certificate of Compliance for 148 Griffith's Pond Road.Kim Pearson(KP)
Second.Approved 5-0-0.
12. Request for Minor Change to Plan
12a. 87 North Pond Drive,SE 9-1934. 89-59. Rau& Schiffman cutting beyond 53-58 elevation. —Deborah Rau
Deborah Rau (DR)homeowner, describes presenting before the Commission in 2022 for proposed vista pruning and a
dock, expressing that the process was confusing. She acknowledges unintended overcutting. Bill Grafton(BG)references
the plan, and how difficult it is to understand based on the elevations referenced in the plan notes. While the overcutting is
not the end of the world, it's not to plan and so BG suggested a Minor Change to Plan to DR.
Ron Slowek(RS)visited the site and doesn't agree that the plan was unclear.He sees cutting beyond the plan routinely
amongst Brewster properties.
Bruce Evans(BE)moves to approve an After-The-Fact Minor Change to Plan for one time pruning of the limbs depicted
on the approved Proposed Site Plan revised September 12,2022 prepared by J.M. O'Reilly&Associates,Inc. signed and
stamped by John O'Reilly, RPLS &RPE in excess of the 53-58 elevation. Steve McKenna(SM) Second. Approved 5-0-0.
9. Request for Certificate of Compliance, Cont.
9a.34 Sea Meadow Lane,37-98.Michael Dennis Properties. SE9-1829,
The Applicant has requested to continue to January 23,2024.
Kim Pearson(KP)moves to continue the Request For Certificate of Compliance discussion for 34 Sea Meadow Lane
under SE9-1829 to January 23, 2024. Steve McKenna(SM) Second, Approved 5-0-0.
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9c.3661 Main Street, 126-10.Robarge. SE9-1069.
Bill Grafton(BG)describes the state of the site and several unpermitted activities,and that the application will submit a
Request for a Determination of Applicability for the after-the-fact activities. The new plan for the RDA will serve as the
As-built for the eventual Certificate of Compliance.BG suggests denying the Request for Certificate of Compliance.
Kim Pearson(KP)moves to vote to deny the Request For Certificate of Compliance and require the submittal of an After-
The-Fact Request For Determination of Applicability for unpermitted work/activity with a surveyed site plan signed and
stamped by a Registered Professional Land Surveyor that can be used as the As-Built for the Request For Certificate of
Compliance resubmittal after the After-The-Fact Determination of Applicability/WPA Form 2 is approved and issued.
Ron Slowek(RS)Second.Approved 5-0-0.
10. Request for Extension Order of Conditions
10a.38 Captain Baker Road,72-19. Lammey. SE9-1712.
Bill Grafton(BG)describes that the former property owner's consultant, Crawford Land Management(CLM)paid a$100
filing fee but subsequently CLM will not be working with the new property owners. CLM informed BG that the
mitigation plantings have been implemented but the report has not been submitted. BG has been in touch with the new
property owners who wish to extend the Order of Conditions and will seek out a different consultant to assist them. BG
suggests a two-year extension.They need to submit Annual Monitoring Reports.
Bruce Evans(BE)moves to approve a 2-year Extension Order of Conditions for Lammey SE9-1712 at 38 Captain Baker
Drive to December 12,2025 and Commissioner directive for the Conservation Administrator to include language
reminding the homeowners of the annual monitoring report and implementation planting plan requirements with the
issuance letter. Ron Slowek(RS) Second.Approved 5-0-0.
10b. Saints Landing/Robbins Hill Road,50-4. TOB DNR. SE9-1668.
Bill Grafton(BG)describes the permit history and suggests a 3-year extension.
Steve McKenna(SM)moves to approve a 3-year Extension Order of Conditions for SE9-1668 for Town of Brewster
Natural Resources Department associated with Saints Landing/Robbins Hill Road to December 12, 2026.Ron Slowek
(RS) Second. Approved 5-0-0.
1Oc. Breakwater Road. 58-31. TOB DNR. SE94667.
Bill Grafton(BG)describes the permit history and suggests a 3-year extension.
Steve McKenna moves to approve a 3-year Extension Order of Conditions for SE9-1667 for Town of Brewster Natural
Resources Department associated with Breakwater Road, to December 12, 2026. Ron Slowek(RS) Second,
Approved 5-0-0.
1 Od.Point of Rocks Road,79-24. TOB DNR. SE9-1666.
Bill Grafton(BG)describes the permit history and suggests a 3-year extension.
Steve McKenna(SM)moves to approve a 3-year Extension Order of Conditions for SE9-1666 for Town of Brewster
Natural Resources Department associated with Point of Rocks Road to December 12,2026. Ron Slowek(RS) Second.
Approved 5-0-0.
10e.36(Now 95) Southern Eagle Cartway, 138-43.Arts Empowering Life Foundation. SE9-1760.
Bill Grafton reviews the permit details and field performance history noting that no Annual Monitoring Reports have been
submitted. BG has been in touch with the applicant's consultant and suggests a 3-year Extension Order of Conditions.
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Kim Pearson(KP)moves to Vote to approve a 3-year Extension Order of Conditions to December 12,2026 for SE9-1760
associated with 36 Southern Eagle Cartway(now 95 Southern Eagle Cartway).Ron Siowek(RS) Second.
Approved 5-0-0.
16. Report of the Conservation Administrator
16a.Reminder about Tolling Provisions associated with COVID-19 Emergency Declaration.
Bill Grafton(BG)reminds the Commission that the Tolling provisions associated with COVID-19 Emergency
Declaration will be ending. The last permit expiration date that benefits from the 462 days of tolling is March 9,2020.
The final Tolled expiration extension date, through the Emergency Declaration,will be July 24, 2024.BG suggests that
the public submit Requests for Extension Order of Conditions in advance of their expiration dates.
16b.Discussion about Commissioner availability for 12/26/2023 Commission Public Meeting.
Bill Grafton(BG)states nothing to report.
19. Next Meeting: January 9,2023
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20. Adjournment
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Ron Slowek(RS) moves to adjourn the meeting. Bruce Evans(BE) Second.Meeting adjourned at 8:03 PM.
Respectfully Submitted,
Cassandra West, Senior Department Assistant
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