HomeMy Public PortalAboutConservation Commission -- 2024-01-09 MinutesApproved 04/09/2024
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�tioERe. Town of Brewster Conservation Commission 6'0'0
I;Mr y MEETING MINUTES
011 2198 Main Street
—January 09, 2024 6:00 PM
The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 1 S), Livestream
(livestream.brewster-ma.�;oq), or Video recording (tv.brewster-ma.00v).
CONSERVATION Commissioners Present: Chair Michael Tobin (MT), Bruce Evans (BE), Kimberly Crocker Pearson (KCP),
COMMISSION Ron Slowek (RS), Vice -Chair Casey Chatelain (CC), Gary Kaser (GK), Steve McKenna (SM) arrives at 705pm.
Commissioners Absent: None
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 g, 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 raised during public comment but may add items presented to a future agenda.
Steve McKenna
STAFF 6. Discussion
Chris Miller, 6a. Commissioner Pearson and DNR Director Chris Miller ]VIACC Fundamentals Training
Natural Resources Completion.
Director The Commission applauds the accomplishments of Commissioner Pearson and DNR Director Chris
Miller. Bill Grafton (BG) also notes that Elizabeth Taylor, former Conservation Commissioner and
Bill Grafton, Chair received a Lifetime Achievement in Conservation Environmental Service Award in 2003.
Conservation
Administrator 6b. 8 Marshview Lane, 127-14. Informal Review of proposed development of vacant property. —
Cassandra West, John O'Reilly.
Senior Department John O'Reilly (JO), Thomas Mulcahy (TM) Project Landscape Architect, Leslie Schneeberger (LS)
Assistant Project Architect, Stacey Haller (SH) homeowner, and other family members.
JO gives a brief history of the site, which is part of the Seaview subdivision on Marshview Lane, with
Salt Marsh, Bordering Vegetated Wetland, Land Subject to Coastal Storm Flowage and Coastal Bank
as relevant resource areas along with the associated buffer zones. In 2006, the Pagos family obtained
an Order of Conditions (OOC)/SE9-1334 for a single-family dwelling. Since then, SH has gained
rights and ownership and is seeking to construct her own home on the property. JO describes the
decision process for the location for the dwelling, noting the 40 -ft setback from the road, which restrict
moving the dwelling closer to the road, and 25 -ft setbacks from the side and rear. JO is asking for the
Commission's initial feedback on the footprint presented, to guide the eventual application. He cites
the 52.5 -foot setback from the Coastal Bank the most upgradient resource area, if the applicant can
prove that they won't impact the 50 -foot buffer. JO notes that SH consulted Blue Flax and Wilkinson
Ecological Design about invasive management and mitigation, who found the lot is planted native and
has very little invasive species on it. JO notes that the project would require a stormwater permit. He
requests input on a 2006 approval for a small observation deck and a seasonal, at -grade, timber
walkway through the wetlands to an elevated portion of the property. JO intends to submit the same
type of proposal. JO describes the TM sketches where and how many trees would be removed,
confirming that the current proposal disturbs fewer trees than the 2006 approved OOC.
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Chair Mike Tobin (MT) comments that the proposed proximity to the 50 -foot buffer is of concern.
Bruce Evans (BE) asks JO to provide more details about the site's ecological conditions. JO describes the site as a fully
vegetated, upland wooded site. Bill Grafton (BG) adds that it is adjacent to a Salt Marsh.
Casey Chatelain (CC) identifies 32 trees being removed in the 50 to 100 ft buffer zone, as opposed to the approved 42
trees in the 2006 OOC. BE and JO discuss why mitigation plantings would not be part of the application proposal.
MT asks for the square -footage comparisons? JO confirms that the 2006 plan is just over 1,750 ft -sq, and the proposed
2023 plan is 2,500 ft -sq.
JO confirms that they have not yet reached out to the Natural Heritage and Endangered Species Program. Kim Pearson
(KP) suggests that they reach out sooner rather than later. She confirms that it is a District of Critical Planning Concern
(DCPC), which puts a lot of constraints on the property.
Gary Kaser (GK) asks about the feasibility of the septic system not impacting the 50 -foot setback. JO confirms that the
leaching facility is outside the buffer zone.
CC notes that the increase in size and the proximity to the 50 -foot buffer, will require an alternatives analysis. CC
suggests further inspection of the files to understand what was originally proposed and the path to the approved plan.
Ron Slowek (RS) agrees with the Commission sentiments already stated.
MT states that the 2006 plan is preferable, as it is further away from the 50 -foot buffer. MT and JO discuss the
implications. JO confirms that the limit of work is right on the 50 -foot buffer zone. GK comments that having the house
right on the 50 -foot buffer, considering typical maintenance needs on a house, will be problematic.
RS asks if they have asked for a variance from the front yard setback? JO has considered it, and has historically attempted
to secure a dimensional setback variance, but typically Conservation jurisdiction is not sufficient justification for the
Zoning Board to grant it. JO has not asked in this circumstance.
BG notes that the 100 -foot setback to Salt Marsh should be factored to meet the performance standards of 310 CMR
10.32. The property is located in close proximity to the Inner Cape Cod Area of Critical Environmental Concern, Unit 11
from the Coastal Barrier Resource System and the Coastal Wetland Restriction Order which has a number of resource
areas that have restrictions. The Salt Marsh near the subject site is highly protected because of the ACEC, and the Coastal
Wetland Restriction Order which is depicted on Site Map V-27. These mean that the Salt Marsh is highly protected
wetlands interests and values including the buffer zone so Salt Marsh 310 CMR 10.32(3) needs special consideration.
JO asks if the Commission will look at the Salt Marsh 100 -foot as no disturb, as it would be a new Commission policy?
BG reads from Ch. 172 2.06, related to the Brewster Wetlands Bylaw performance standard for Salt Marsh. BG reminds
the Commission that the applicant has nowhere to mitigate. BG suggests either addressing the proposed size of the
structure, or revise the site plan to add a separation not allowing discharges.
JO thanks the Commission for their suggestions.
Bill Grafton (BG) suggests that the Commission wait for Commissioner McKenna to join remotely to discuss Items 6c
and 6d.
8. Notices of Intent _
8a. 83 Dune Road, 79-35. Whitcher. Continued Public Hearing. SE9-1960.
The Applicant has requested a continuation to January 23, 2024.
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Kim Pearson (KP) moves 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. Gary Kaser (GK) Second.
Approved 6-0-0.
8b. 168 Highland Moors Drive, 115-38. Masi. Continued Public Hearing. SE9-1961.
The Applicant has requested a continuation to February 27, 2024.
Kimberly Crocker Pearson moves to continue the public hearing to the February 27, 2024 Brewster Conservation
Commission Public. Gary Kaser Second. Approved 6-0-0.
8c. 351 Point of Rocks Road. 79-23. Sheff. Continued Public Hearing. AOOC SE9-1714.
The Applicant has requested a continuation to January 23, 2024.
Kim Pearson (KP) moves to continue the public hearing to the January 23, 2024 Brewster Conservation Commission
Public Meeting, Gary Kaser Second. Approved 6-0-0.
8d. 94 Thad Ellis Road, 89-5. Wentworth. New Public Hearing. Alex Wentworth proposing to raze existing
buildings and construct a new commercial building with associated parking and utilities within the buffer zone to
two Bordering Vegetated Wetlands and a Flood Zone. SE9-1963.
Danny Gonsalves (DG) Down Cape Engineering, Ben Zehnder (BZ) Attorney present along with property owners, Alex
Wentworth (AW) and Kristin Wentworth (KW). DG describes the existing developed property that includes a single
family dwelling and commercial auto repair shop. DG notes two bordering Vegetated Wetlands (BVW), Flood Zone and
associated buffer zones. AW & KW are proposing to remove the existing buildings and construct a new, state-of-the-art,
larger auto repair shop with associated parking, drainage, new septic system, utilities, etc. He notes that they are reducing
the footprint overall in the 50 -ft buffer to the BV W across the street. Hardscape is increasing within the 50 to 100 foot
buffer.
Bruce Evans (BE) confirms that all the work is being done on previously disturbed area. Bill Grafton (BG) identifies that
the 100 -ft buffer zone runs through the middle of the building site.
Casey Chatelain (CC) asks about the rain garden which extend onto the Town Right of Way, citing concerns about
conditioning work that encroaches offsite, per the plans. DG answers than none of the rain garden plantings nor structure
will extend onto the Town Right of Way, but that they will be submitting for curb -cut permits for approval to the
Department of Public Works.
Ron Slowek (RS) asks about the runoff going to a non -hazardous holding tank. He asks whether they have a hazardous
tank for liquids like break fluid and gasoline. DG answers that hazardous fluid storage will take place inside the building
only. The non -hazardous tank is designed for exterior runoff and storm events, not for hazardous materials. AW describes
standard stop practice to store liquids like waste oil in separate containers with units underneath to catch any spills. They
have drainage as a plumbing code requirement. AW and BZ describe the drainage.
RS and Gary Kaser (GK) agree that the proposal would be an improvement to what has existed on the site.
Bill Grafton (BG), describes his interactions with this project including staff reviews and pre -permit discussions with the
consultants. The Wetlands are straightforward found across the street and on the adjacent Brown property, the Wetland
lines are approved. BG commends CC on the offsite pickup.
Kim Pearson (KP) moves to close the public hearing on 94 Thad Ellis Road and approve an Order of Conditions with
Standard Special Conditions. CC Second. Approved 6-0-0.
BG suggests advancing the discussion for the Stormwater Management Permit under Item 14a for 94 Thad Ellis Road to
the next item.
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14. Stormwater Permit Application under Code of the Town of Brewster, Chapter 272 Stormwater Management
Bylaw _ —
14a. 94 Thad Ellis Road, 89-5. Wentworth. SWMC2023-04.
Danny Gonsalves (DG) Down Cape Engineering and Ben Zehnder (BZ) Attorney present along with property owners
Alex Wentworth (AW) and Kristin Wentworth (KW). DG explains the Stormwater Management Permit Plan in detail,
confirming that the system was fully designed to handle the 100 -Year Storm Event.
Ron Slowek comments that the Stormwater Plan was well-done. His only concern is that the Stormwater Report baseline
for calculations used is dated 1961. Bill Grafton (BG) notes that all Towns typically are using the same standard.
Kim Pearson (KP) moves to approve a Major Stormwater Management Permit SWMC2023-04 for Wentworth associated
with 94 Thad Ellis Road with standard special conditions. Gary Kaser Second. Approved 6-0-0.
8. Notices of Intent (continued)
8f. 9-15 Lower Road, 37-1. Luke Brewster Realty Trust. New Public Hearing proposing septic repair and
associated grading, paving, utility work and trenching within a riverfront and land subject to coastal storm
flowage, and the 100 -ft buffer zone to a bordering vegetated wetland, coastal bank and land subject to coastal
storm flowage. SE9-1965.
Zac Basinski (ZB) with Bracken Engineering present on behalf of Luke Brewster Realty Trust. ZB describes the Notices
of Intent application to repair an existing, failed septic system. The property is a mixed-use development property and was
in front of the Commission to upgrade the septic system in 2005. ZB identifies the resource areas to include Stony Brook
with associated riverfront areas, a salt marsh with the associated flood zones, coastal banks and bordering vegetated
wetlands and associated buffer zones to salt marsh, coastal banks and bordering vegetated wetlands. ZB describes that the
system failed over the summer, and ZB worked with BG and the Health Department to evaluate the required permitting
and moving the septic system. Due to soil conditions and setback to the building, they are unable to move the system.
They analyzed sliding the system more southerly, which would reduce the groundwater separation on the property which
is not desirable. ZB is looking at maintaining the existing onsite septic tanks, and onsite microFast system. In order to
improve water quality for the area, they're looking to install an additional microFast system, which would give enhanced
treatment. They provided an alternatives analysis for the riverfront, explaining why they can't relocate the system. The
proposal has no increase in impervious areas. ZB is asking for a variance under the Bylaw to install construction fencing
within the 50 -ft buffer. ZB believes the proposed plan meets State and Local standards, and is a vast improvement.
Bill Grafton (BG) discusses resource area flagging at the site visit and discusses the flood zone and coastal river bank
elevations. BG notes that the riverfront is lacking in the Northwest corner and notes that the mean high water continues to
the Northwest Corner, which may make the riverfront larger that currently depicted and that is significant as there are six
Orders of Conditions associated with 15 Lower Road. BG needs to work separately with the applicant on those permits.
BG suggests that the applicant depict the riverfront on a revised plan and provide two hard copies and one digital 12 noon,
Friday, January 12, 2024. BG notes that they've done everything asked of them to date and notes that no emergency
certification was needed. This project needs to go forward, but he suggests that the resource areas need to be correct.
Kim Pearson (KP) inquires about the system being installed. ZB describes the system. KP inquiries how they are
working to get it in compliance with the original permitting? ZB describes splitting the flow and incorporating the
additional reduction system.
Chris Miller (CM), Natural Resources Director asks ZB to provide more detail on how exactly the system will improve
the system. ZB provides greater details.
BG suggests that when the Commission approves the work, they should also approve the resource areas, which get reset in
three years and that The Board Of Health needs a Commission approved wetland delineation to consider their own
variances. BG confirms that the Commission can close conditionally so long as the applicant delivers by noon, Friday,
January 12, 2024 two (2) hard copies and one (1) digital of the revised site plan depicting the full riverfront.
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KP moves to the public hearing and approve an Order of Conditions SE9-1965 with standard special conditions for Luke
Brewster Realty Trust associated with 9-15 Lower Road. Gary Kaser (GK) Second. Approved 6-0-0.
8e. 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 requested a continuation to January 23, 2024.
Kim Pearson (KP) moves to continue the public hearing to the January 23, 2024 Brewster Conservation Commission
Public Meeting. Ron Slowek (RS) Second. Approved 6-0-0.
14. Stormwater Permit Application under Code of the Town of Brewster, Chapter 272 Stormwater Management
Bylaw (continued)
14b. 0 Cranview Road, 10-67. Casey. SWMC2023-05.
Danny Gonsalves (DG), Down Cape Engineering present on behalf of property owner, Kevin Casey (KC). DG describes
that the property was before the Commission for an Order of Conditions (OOC)/SE9-1841 which was approved. The work
has not begun, and since its approval, the Stormwater Bylaw came into effect. Eventually, they expect to return to the
Commission to Request an Extension Order of Conditions/SE9-1841. DG describes the property which includes an
existing developed barn associated with a cranberry bog. They are looking to build a relatively small single family
dwelling, with a septic system. DG describes the Stormwater Management Plan pointing out that the driveway drainage is
captured in the first area drain leading to a grass swale with a second area drain that leads to a subsurface infiltration pit
that also captures all the roof runoff. All the stormwater impacts from hardscape are designed to captured per a 100 -year
storm event. DG notes that the runoff is reduced from existing conditions.
Bill Grafton (BG) asks DG to describe any changes made to the plan from the original? BG notes that it was previously
approved for an OOC/SE9-1841. The Order expired in 2022 but benefits from Tolling associated with the COVID-19
Emergency Declaration, making it's the Tolled expiration date March 21, 2024. BG suggests DG apply for an extension
30 -days in advance of its Tolled expiration. BG was not able to identify any special conditions in the original OOC of
merit regarding stormwater management.
Ron Slowek (RS) walked the site during the last heavy rain storm, and believes that the Stormwater is well done, noting
especially the raingarden.
MT asks for additional questions from the public. There are none.
Bruce Evans (BE) moves to approve the major Stormwater Management Permit SWMC2023-05 for Casey associated
with 0 Cranview Road with Standard Special Conditions. Kim Pearson (KP) Second. Approved 6-0-0.
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.
Kieran Healy (KH) BSC Group and David Schlessinger (DS) Property Manager present for property owner, Stephen
Brown. KH notes that they have added the Commission comments from the Commission, 12/12/2023 Public Meeting,
and are seeking approval.
Bill Grafton (BG) has talked to Town Counsel and Attorney Chris Senie and the Stipulated Consolidated Order (SCO) is
ready to advance for final review and approval. BG spoke with Attorney Bruce Bierhans (BB) representing Michael
Jardus (MJ), owner of 105 Taylor Lane today and showed him the print versions of the final plans and reviewed them in
detail as requested, and further discussed the enforceability of the SCO. BB asked when the Conservation Markers would
be posted. BG noted that included as part of Phase Two and Four as described in the SCO.
Chair Mike Tobin (MT) invites discussion from the audience.
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BB thanks BG, and all who put effort into the plans. BB discussed with MJ the Conservation Markers; both suggest that
they should be posted as soon as possible, potentially with a description of the area posted. BB comments on the issue of
noncompliance over a period of years. He hopes that, given the meetings he's had with Attorney Senie and BG, he would
hope that Mr. Brown would not again disregard the Conservation regulations.
MT asks WJ if he would like to speak.
WJ asks for clarification on the trails, the difference between solid and dotted paths. KH answers that solid is for small
mechanical vehicles such as a tractor or emergency vehicle, and the dotted ones are for non -motorized vehicles such as
bikes. Even though the paths can accommodate a tractor, that's not the purpose of them and it is not allowed. MJ asks if
the trails go through wetlands? BG notes that some paths have been removed that do currently go through wetlands. BG
identifies that the Restoration Plan states no tracked or wheeled vehicles in the back. All present discuss the number of
paths and their intended reduction. MJ asks if the electric bikes will go down the yellow paths? BG answers that there
hasn't been a prohibition of recreational use. BG and MJ discuss the Conservation Markers. MJ is pleased with what he
sees, and thanks the Commissioners, support staff, Mr. Brown and his attorney for coming up with a very good plan and
SCO.
MT invites Alex Weisheit (AW) Town Council, to comment. AW thanks everyone, particularly BG for his efforts. AW
has worked on many enforcement matters, and this is by far the most comprehensive and complicated Restoration Plan
that he's ever seen. AW notes that Attorney Chris Senie was instrumental in bringing a resolution, as well as David
Schlessinger. AW is happy to discuss the SCO. Having reviewed it, he is comfortable with the language and believes the
proposed deadlines are reasonable and achievable. He is comfortable recommending that the Commission approve it. AW
offers one note, that they will need wet signatures on the document so that it has been recorded. BG confirms that pages
will have to get notarized, and describes the necessary steps. BG will facilitate this.
Kim Pearson (KP) moves to approve the revised Restoration Plans for the Enforcement Orders associated with Brown at
2628 Main Street. Casey Chatelain (CC) Second. Approved 6-0-0.
KP moves approve the Stipulated Consolidated Order, Version 42, for the Enforcement Orders associated with Brown at
2628 Main Street. Gary Kaser (GK) Second. Approved 6-0-0.
Commissioner Steve McKenna joins remotely at 705pm, and the Commission returns to the discussion items.
6. Discussion (continued)
6c. 351 Point of Rocks, 79-23. SE9-1714. Sheff beach renourishment & pending Request For Amended OOC
folding SE9-1797 into SE9-1714 — Bill Grafton
Bill Grafton (BG) describes that the applicant requests approval to perform beach renourishment and provides the history
of the two permits (SE9-1714 and SE9-1797) on the property. BG suggests that the Commission review and confirm that
the Commission is okay with the upcoming renourishment event while they currently reviewing a Request to Amend the
valid Order of Conditions (OOC)/SE9-1714 to incorporate the expired OOC/SE9-1797 for future nourishment.
Kim Pearson (KP) asks if BG has any comments on the calculations? BG saw that 3.57 Cubic Yards were calculated as
per a supplemental submittal for the Request to Amend/SE9-1714 using the Commission suggested formula, but the plan
of record for SE9-1797 calls for 612 Cubic Yards which is a huge amount for that site. Notably, the SE9-1797/Notice of
Intent (NOI) and OOC call out 600 cubic yards on the Coastal Beach and 12 Cubic Yards on the Coastal Dune while the
SE9-1714 OOC calls out 35 +/- cubic yards. KP notes that there's a significant difference between the two permits, and
the submitted nourishment volume is much lower than what they were Conditioned to do.
Steve McKenna (SM) is suspect because of the difference and describes that current rates reflect the increase in erosion
due to sea level rise, which the historic rates don't pick up. SM hasn't looked at the specifics of the property yet. BG and
SM are supposed to meet with Crawford Land Management's project team sooner rather than later.
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BG comments that the Commission did waive the need for an stamped plan to merge the two permits (SE9-17914 and
SE9-1797) together through the Request For Amendment that is being discussed separately. SM thinks it's unfair that
staff and contractors must reference multiple plans and reminds the Commission that a stamped plan is part of the
submittal requirements.
KP and BG discuss amending the vote language. KP asks if approving this set a precedent if the Commission finds the
calculation not to be what we need for the site going forward? All present discuss appropriate language to approve
nourishment volume for this upcoming January 2024 event. Ron Slowek (RS) is not comfortable just putting some
amount of sand down just to get it down and wants to the correct amount recorded.
Chris Miller (CM) through the chair, can the Commission state that they are going to revisit this before the next
nourishment event. BG advocates that the applicant is willing to do nourishment, and the Commission should encourage
them, by allowing this particular nourishment event, and providing specific requirements in the upcoming Request
Amended Order of Conditions discussions.
SM asks when the applicant plans to nourish. The applicant is planning on nourishing between January 15 and 19, 2024.
They have been approved at the Select Board already. SM would like to agree on a specific volume before they did it. BG
would like to meet with SM to then discuss with Crawford Land Management. BG wants to encourage the most willing
people to participate in sand nourishment.
KP moves to approve the current beach renourishment scheduled for January 2024 under SE9-1714 and future
work/activity will be associated with SE9-1714 Amended once approved by the Commission. Gary Kaser (GK) Second.
Approved 7-0-0.
Kim Pearson (KP) recuses herself and leaves the room.
6d. 257 Crocker Lane, 69-4. SE9-1591. $2,000 bond as per Special Condition A24— Bill Grafton
Bill Grafton (BG) alerts the Commission that Jane Fields (JF) Property Owner is not present. He provides a brief
description of JF's understanding that the requirement for the bond was removed by the previous Conservation
Administrator. BG would like to continue the discussion item to the next meeting to allow her to be present.
Gary Kaser (GK) moves to continue the discussion for 257 Crocker Lane to the January 23, 2024 public meeting. Ron
Slowek (RS) Second. Approved 6-0-0.
Kim Pearson returns to the Public Meeting.
9. Request for Certificate of Compliance
9a. 34 Sea Meadow Lane, 37-98. Michael Dennis Properties. SE9-1829.
Gary Kaser (GK) steps out.
Bill Grafton (BG) describes the initial Request for Certificate of Compliance (RCOC) that includes a number of Special
Conditions and plan requirements that were not satisfied. BG suggested to the applicant to withdraw SE9-1829 in order to
approve a complete COC for TBL 2003-79 which was replaced by SE9-1829. BG suggests that the Commission accept
the withdrawal.
GK returns.
Kim Pearson (KP) moves to approve the withdrawal of the Request For Certificate of Compliance SE9-1829 for McDade
associated with 34 Sea Meadow Lane. GK Second. Approved 7-0-0.
9b. 34 Sea Meadow Lane, 37-98. Michael Dennis Properties. TBL 2003-79.
Kim Pearson (KP) moves to approve a complete Certificate of Compliance for TBL 2003-79 which is replaced by SE9-
1829 for McDade associated with 34 Sea Meadow Lane. Gary Kaser (GK) Second. Approved 7-0-0
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Steve McKenna (SM) recuses himself.
9c. 222 Slough Road, 11-19. BCT. SE9-1767.
Bill Grafton (BG) details the applicant's successful removal of an erosion control barrier and a black plastic pipe as
requested. BG is satisfied and suggests the Commission approval a complete Certificate of Compliance.
Kim Pearson (KP) moves to approve a complete Certificate of Compliance/SE9-1767 for Brewster Conservation Trust
associated with 222 Slough Road, Gary Kaser Second (GK). Approved 6-0-0.
Steve McKenna returns to the meeting.
10. Request for Extension Order of Conditions
10a. 41 Saints Landing, 50-3.41 Saints LLC. AOOC SE9-1680.
10b. 50 Robbins Road, 50-2. Hayes. AOOC SE9-1679.
10c. 53 Robbins Road, 50-1. Hayes. AOOC SE9-1683.
10d. 192 Robbins Hill Road, 49-79. Pyles. AOOC SE9-1684.
10e.194 Robbins Hill Road, 49-78. Berkman. AOOC SE9-1682.
10f.196 Robbins Hill Road, 49-77. Salo. AOOC SE9-1681.
Bill Grafton (BG) describes that reviewing Requests for Extension Order of Conditions (OOC) can taken an extensive
amount of time to confirm permit validity and compliance especially for coastal stabilization Orders. Additionally,
Amended OOCs have multiple plans that must be reviewed. BG requests 10a through 10f, which are a group of permits
with associated plans and similar approved work/activity, to be continued to the January 23, 2024 Commission public
meeting to allow the Conservation Administrator time to review the requests.
Kim Pearson (KP) moves to continue the Extension Order of Conditions for SE9-1680 Amended [41 Saints Landing/41
Saints LLC], for SE9-1679 Amended [50 Robbins Road/Hayes], for SE9-1683 Amended [53 Robbins Road/Hayes], for
SE9-1684 Amended [192 Robbins Hill Road/Pyles], for SE9-1682 Amended [194 Robbins Hill Road/Berkman], and for
SE9-1681 [196 Robbins Hill Road/Salo] to January 23, 2024. Gary Kaser (GK) Second. Approved 7-0-0.
10g. 137 Regatta Road, 27-72. Gutherman. SE9-1837.
Bill Grafton (BG) describes the vegetative management project being managed by Wilkinson Ecological Design. BG
reviewed the project jacket and notes that the Tolled expiration date is January 28, 2024. BG recommends a three-year
extension to January 9, 2027.
Kim Pearson (KP) moves to approve a 3 -year Extension Order of Conditions SE9-1837 for Gutherman associated with
137 Regatta Road until January 9, 2027. GK Second. Approved 7-0-0.
13. Request for Administrative Review - --
13a. 70 Marshview Lane, 127-10. Sundermier. AR# 23-16.
Bill Grafton (BG) provides property history. The Administrative Review is for a tree located about 65 -ft from wetlands
that obstructs the driveway exit visibility from Marshview Lane. BG suggests that the Commission approve the
Administrative Review application. Ron Slowek went by the property and agrees.
Kim Pearson (KP) moves to approve Administrative Review# 23-16 for removal of one large oak tree in the 50-100 foot
setback to wetlands at the edge of their driveway onto Marshview Lane. Gary Kaser (GK) Second. Approved 7-0-0.
16. Report of the Conservation Administrator
16a. MassDEP Revised Regulations/Introduction of Land Subject To Coastal Storm Flowage Performance
Standards.
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Bill Grafton (BG) introduces the revised regulations from Mass DEP for Land Subject to Coastal Storm Flowage
performance standards. MassDEP is giving Towns and individuals until March 1, 2024 to respond. BG suggests that Steve
Mckenna (SM) provides additional details.
SM advises that MassDEP has six (6) information sessions offered. These regulations came out as a part of Governor
Healy's Climate Resilience effort quite suddenly. Colleagues of SM who have reviewed the draft identified quite a few
parts that they think are going to be problematic. There will be public input, and so SM doesn't believe it will be
promulgated soon. SM recommends to everyone to take a look at it and determine if they will comment individually or
collectively as a Commission.
Kim Pearson (KP) has signed up for info session. KP notes that the fine print of the draft regulations is a lot about
permitting experimental or other types of projects in Wetlands. For example, the Commission may see more pond
remediation projects. She notes a pretty clear pathway in the regulations for approving experimental projects in the ponds
in particular.
BG notes that the Town can develop its own regulations. BG would petition the Commission to give comments
collectively two -weeks in advance of the deadline date.
KP notes another MassDEP initiative at the end of 2024, which takes on the Conservation of Wetland Carbon. She
describes the specificity of the upcoming regulation.
Chris Miller (CM) references Land Subject to Coastal Storm Flowage to the upcoming storm.
16b. MACC Annual Conference
Bill Grafton (BG) reminds the Commission about the Massachusetts Association of Conservation Commissions (MACC)
Annual Conference on March 2, 2024. BG advises Bruce Evans (BE) that he can earn course credits toward completion
of the MACC Fundamentals Course, Gary Kaser (GK) agrees to attend and advance his pursuit of the MACC
Fundamental Course curriculum. Chris Miller (CM) and Kim Pearson (KP) are scheduled to be presenting.
17. Meeting Minutes and Other Administrative Revisions for Review and Ratification
17a. May 23, 2023 Meeting Minutes.
Bill Grafton distributed the meeting minutes for May 23, 2023 for Commission comments. None received and no further
edits at this time. Chair Mike Tobin (MT) asks the Commission for any comments or edits to the submitted meeting
minutes. There are none.
Bruce Evans (BE) moves to approve the meeting minutes of May 23, 2023 as edited. Gary Kaser (GK) Second. Approved
7-0-0.
17b. June 13, 2023 Meeting Minutes.
Bill Grafton distributed the meeting minutes for June 13, 2023 for Commission comments. None received and no further
edits at this time. Chair Mike Tobin (MT) asks the Commission for any comments or edits to the submitted meeting
minutes. There are none.
Bruce Evans (BE) moves to approve the meeting minutes of June 13, 2023 as edited. Gary Kaser (GK) Second. Approved
7-0-0.
17c. Sept 26, 2023 Meeting Minutes.
Bill Grafton distributed the meeting minutes for September 26, 2023 for Commission comments. None received and no
further edits at this time. Chair Mike Tobin (MT) asks the Commission for any comments or edits to the submitted
meeting minutes. There are none.
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Conservation Commission Meeting Minutes — January 9, 2024
Bruce Evans (BE) moves to approve the meeting minutes of September 26, 2023 as edited. Gary Kaser (GK) Second.
Approved 7-0-0.
17d. Amended 2024 Meeting Dates and Deadlines.
Cassandra West (CW) describes the clerical changes to the 2024 Commission Meeting and Deadline Schedule, and the
staff s request for a ratification of the revision.
Kim Pearson (KP) moves to approve the amended Meeting Schedule. Gary Kaser (GS) Second. Approved 7-0-0.
19. Next Meeting: January 23, 2023
20. Adjournment — -
Gary Kaser (GS) moves to adjourn. Ron Slowek (RS) Second. Approved 7-0-0. Meeting adjourned 7:47 PM.
Respectfully Submitted,
\- �:
Cassandra 1ve , Senior DepartmeEw� Assistanf
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Conservation Commission Meeting Minutes — January 9, 2024