HomeMy Public PortalAboutConservation Commission -- 2023-08-08 MinutesApproved 03/26/2024
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1657 Main St., Brewster, MA 02631
conservation@brewster-ma.gov
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MEETING MEWTES
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I�, �,E August 8, 2023 6:00 PM
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Conservation
Commission Commissioners Present: Chair Michael Tobin (MT), Vice Chair Casey Chatelain (CC),
Bruce Evans (BE), Kimberly Crocker Pearson (KP - 6:10 PM), Ron Slowek (RS), Steve
Michael Tobin McKenna (SM)
Chair Commissioners Absent: Gary Kaser (GK)
Staff Present: Bill Grafton (BG), Chris Miller (CM)
Casey Chatelain
Vice Chair 1. Call to Order
2. Meeting Declaration of Participation Statement
Commissioners 3. Public Comment/ Citizens' Forum
Bruce Evans
Gary Kaser 4. Recording Statement
Kimberley Crocker As required by the Open Meeting Law, we are informing you that the Town will be video
Pearson 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.
Ron Slowek 5. Public Announcements and Comment
Steve McKenna 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.
Staff
Chris Miller,
Natural Resources g. Notice of Intent, Request for Amended Order of Conditions, and Abbreviated Notice of
Director Resource Area Delineation
Bill Grafton,
Conservation 8a. 104 Canoe Pond Drive, SE9-1952, 24-60 (36-230). New Public Hearing. Flongying Xie
Administrator 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.
Bruce Evans (BE) moves to continue the hearing for 104 Canoe Pond Drive to the September 26, 2023
Commission Public Meeting to allow the applicant's consultant additional time to address the
Commission's request for additional information. Casey Chatelain (CC) second. Approved 5-0-0.
8b. 1439 Main Street, SE9-1954.48-61(24-1) New Public Hearing. Latham Centers, Inc. proposes
new construction, grading & stormwater improvements within the 100 -foot setback to wetlands.
Project Engineer Jeremy Belanger (JB), TFM, present for applicant. The project was originally
permitted under the Order of Conditions/SE9-1851, which expired in April 14, 2023 while ZBA review
and financing were ongoing. They have since changed the project to relocate a proposed residential
building outside Commission jurisdiction; all the remaining work inside the buffer zone is the same as
originally proposed. The previous hearing was continued pending receipt of a MassDEP file number
and revisions as discussed with the Commission.
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Conservation Commission Meeting Minutes — August 8, 2023
Commissioner Pearson arrives at 6:07 PM.
JB advises they have received the MassDEP File Number and made revisions to the site plan based on Commission
feedback. Since the hearing, the Planning Board has issued a Stormwater Management Permit with the condition that
they revise their stormwater analysis using NOAA-plus data as required in the Ch. 272 Stormwater Management Bylaw.
Revisions to the submissions include updates to the planting plan to include more native wetland species and the addition
of a note specifying that organic fertilizers must be used inside the 100 -foot wetland buffer. They have also provided
additional information regarding pre- and post -development impervious coverage (6786 and 4918 square feet,
respectively). They have also added a wetland mitigation buffer legend at the request of Bill Grafton (BG).
BG briefly reviews the specific planting changes; the additional impervious coverage data is sufficient but BG suggests
that the Commission require the submission of an impervious table with all engineered/surveyed plans for ease of review.
Bruce Evans (BE) moves to accept the revisions, close the hearing, and issue Orders of Conditions for SE9-1954 with
special conditions drafted by the Conservation Agent. Casey Chatelain (CC) second. Approved 5-0-0.
9. Request for Certificate of Compliance
9a. 648 Satucket Road, SE9-1476. 24-71 (36 36-2). Cordner.
This Order of Conditions (OOC) expired and homeowner obtained a new OOC, SE9-1866, to replace it. Bill Grafton
suggests granting a complete Certificate of Compliance to close out the old file as this is a procedural request replaced by
Order of Conditions/SE9-1866 so waiving the As -Built and consultant letter requirements is in order.
Steve McKenna (SM) moves to approve a complete Certificate of Compliance for SE9-1476 at 648 Satucket Road.. Kim
Pearson (KP) second. Approved 6-0-0.
10. Request for Extension Order of Conditions
10a. 648 Satucket Road, SE9-1866. 24-71 (36 36-2). Cordner.
This Order of Conditions (OOC) was issued for vista pruning work with conditions requiring annual monitoring reports;
these have not been received, but homeowners have hired an arborist to do the reporting going forward, and Bill Grafton
has provided the draft requirements for monitoring reports.
Bruce Evans (BE) moves to approve a 3 -year Extension Order of Conditions to August 6, 2026 and direct the
Conservation Administrator to include language in the cover letter about the requirement for Annual Monitoring which is
due by November 1st as per Special Condition A40. Kim Pearson (KP) second. Approved 6-0-0.
11. Show Cause
Ila. Continued - Brown, 2628 Main Street, 89-14 (15-113-2) & 89-2 (27-4). 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.
Bill Grafton (BG) discusses his site visit with Matt Creighton (MC) of BSC Group. Five of the soil borings conducted on
the visit suggested the presence of historic fill that likely predated Mr. Brown's ownership of the property Boring 3 near
Wetland Flag (WF) B24 revealed a thin layer over wetland soil and WFB22-B25 were repositioned as a result. BG
suggests that both sides of the stream near WF 24 should be restored and the culvert there should be removed. Borings B5
and B6, near an area of heavy fill, revealed buffer zone, not wetland, soil disturbed but was likely plowed or settled with
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Conservation Commission Meeting Minutes — August 8, 2023
the flood plain. MC is pushing back on treating the Considine Ditch as a perennial stream on grounds that it is often dry
and citation of 310 CMR 10.0b, but Chris Miller (CM) notes the Considine goes through many small culverts, some of
which may be blocked. Additional details will be provided in a report to be provided by MC. BG is generally satisfied
with the updated delineation and suggests that a third party review will not be needed.
BG indicates the delineation of the property is complete from a review perspective but still requires Commission
approval. MC has provided a briefing to the Commission in advance of the full report which BG suggests that the
Commission discuss for the purpose of providing guidance to be used in the later deliverables. Michael Tobin (MT) notes
they will be better able to provide feedback once the delineation report is in hand.
BG, CM, and Town Counsel Alex Weisheit (AW) met with attorney Chris Senie (CS), and David Schlesinger (DS) of
Great Cape Coop representing Mr. Brown, regarding a stipulation for progressive dissolution of the outstanding
Enforcement Orders. Great Cape has identified a potential development area but is awaiting approval of the delineation
before filing for any additional permits. BG and CM have advised that additional mitigation and Conservation markers
may be required as a condition of further development. BG suggests that the Commission review the latest draft of the
stipulation and provide feedback as appropriate.
Kim Pearson (KP) wants the Stipulation to include target dates for certain actions and deliverables given the amount of
time the Commission and Town have spent on the matter. DS affirms that they want Commission feedback on the
Stipulation, as BG conveyed to him the Commission needs to tell them what it wanted. CM indicates targets will be
added once the delineation is approved.
Attorney T. J. Hurrie (TH), representing abutter Michael Jardus (MJ), thanks BG for his recent detailed updates and asks
for an explanation of his suggestion to post conservation markers throughout the property and inquires whether the
Commission is interested in doing so. DS indicates they have been discussing placing the markers along the 50 foot
buffer line. BG shows the current wetland flagging and agrees that the markers would generally be placed on wooden
posts along the 50 foot setback. Their purpose is to memorialize the boundary of the 50 foot no -disturb buffer, both on
the Approved and As Built plans and in the field, to prevent future unauthorized cutting or disturbance beyond them.
MT asks AW to explain a provision in the draft Stipulation about the land being usable, as this does not seem to be under
Commission purview. AW advises the purpose is to memorialize that the current or a future owner intend to develop
areas of the property, most of which are outside Commission jurisdiction, and the proceeds from said development will be
used to fund ongoing mitigation. They would file the necessary permitting for any proposed activity within jurisdiction;
CS affirms this is the intent of the provision. BG notes that most of the lots envisaged for development include area inside
the 100 and he has suggested that the proposals include mitigation. CM adds that most of the development is likely to
happen on the north side of the property, which the Commission appears to be more comfortable with, and the possible
Riverfront designation in that area may not have much effect on such proposals, particularly as much of that part of the
property has been developed for a long time.
DS notes that there is a cluster of Japanese knotweed around WFD6 that he could quickly remove, with permission, by
hand tools. The Commission authorizes him to do so on BG's recommendation. DS would also like to trim tree branches
overhanging a fence near WFC4; BG has no issue provided that no more than 10% of the upper canopy is impacted.
Bruce Evans (BE) moves to approve the removal of the Japanese knotweed near WFD6 and branch trimming of a tree
near WFC4, impacting no more than 10% of the upper canopy, as discussed. Steve McKenna (SM) second. Approved 6-
0-0.
Bruce Evans (BE— moves to continue the enforcement discussion for Brown, at 2628 Main Street, to August 22, 2023.
Kim Pearson (KP) second. Approved 6-0-0.
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Conservation Commission Meeting Minutes — August 8, 2023
12. Report of Natural Resources Director
Chris Miller notes that this meeting's agenda incorrectly listed the date of the next meeting; it is August 22nd.
13. Report of the Conservation Administrator
Bill Grafton advises there is still an issue with expiring permits and urges permit -holders to verify their expiration dates
and extend them as needed. The fees for an extension are much cheaper than having to obtain another permit.
16. Next meeting
August 22, 2023, 6 PM.
18. Adjourn
Kim Pearson (KP) moves to adjourn. Ron Slowek (RS) second. Approved 6-0-0.
Meeting adjourned at 6:50 PM.
Respectfully sllbed, t, — -----
Cassandra West, Senior Department Assistant, Department of Natural Resources
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Conservation Commission Meeting Minutes — August 8, 2023