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HomeMy Public PortalAboutConservation Commission -- 2024-02-27 MinutesArcws T Town of Brewster Conservation Commission ` a w `� MEETING MINUTES 2188 Main Street r = February 27th, 2024 6:00 PM of The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestreem.brewster- ma. ov , or Video recording (tv_brewster-ma.2ov;, CONSERVATION Commissioners Present: Chair Michael Tobin (MT), Vice -Chair Casey Chatelain (CC), Gary Kaser (GK), COMMISSION Steve McKenna (SM), Bruce Evans (BE), Kimberly Crocker Pearson (KCP), Commissioners Absent: Ron Slowek (RS) Staff Present: Bill Grafton (BG), Cassandra West (CW), Chris Miller (CM) Michael Tobin Chair 1. Call to Order: 6:06 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 raised during public comment but may add items presented to a future agenda. Steve McKenna STAFF Chris Miller, 6. Discussion _ - — 6a. Eversource FY24 Distribution Tree Maintenance Activities - Jordan Young Natural Resources The applicant has requested that this discussion item be continued to the March 12, 2024 public Director meeting. Bill Grafton, Bruce Evans (BE) moves to continue the presentation by Eversource to March 12, 2024. Gary Kaser Conservation (GK) Second. Approved 6-0-0. Administrator Cassandra West, Steve McKenna (SM) recuses. Senior Department Assistant 6b. 0 Main Street/Washing Chase Bog. CPC Application. Letter of Support - Chris Miller Chris Miller (CM) Natural Resources Director supporting Brewster Conservation Trust and Open Space Committee and their application to the Community Preservation Committee for the purchase of the old bog on Main Street, as well as some adjacent properties behind with wetlands. CM is asking the Commission to approve a letter of support. Bruce Evans (BE) moves to issue a letter of support for the acquisition proposed by the Open Space Committee for 0 Main St and a portion of 3751 Main St. Kim Pearson (KP) Second. Approved 5-0-0. BE moves to approve the Brewster Conservation Commission hold the conservation restriction on 0 Main St and a portion of 3751 Main St. KP Second. Approved 5-0-0. Steve McKenna returns to the meeting. 6c. 224 Run Hill. 46-2. Dock repair/MassDPW Permit/Perpetuity - Patty Gilbert Patty Gilbert (PG) present for her family which owns the cottage at 224 Run Hill Road on Lower Mill Pond. There has been a dock since the 1950s, which was rebuilt in 1996 under a Conservation permit/SE9-821 issued in 1995. PG wants to replace two pilings, but a condition in the permit from 1995 indicates that she needs to return for a new permit. The instructions for a new permit would require new, engineered plans. 1 of 12 Conservation Commission Meeting Minutes -February 27, 2024 Kim Pearson (KP) through the chair, does not think the applicant will be using the same materials, as the original materials are no longer used. For example, the concrete blocks for the original dock would not be approved. PG notes that the pilings were permitted and are 2 -inch galvanized steel. Mike Tobin (MT) asks if the dock comes out seasonally? PG affirms that the dock is permanent. MT and PG discuss that the State has permitted the permanent dock as long as it is maintained per its current place and size. Bill Grafton (BG) describes that the Mass Department of Public Works had given permission in perpetuity before Ch. 91 went into effect. The question before the Commission is about the requirement for a stamped plan for a new Conservation permit application. Theoretically, the approved perpetuity permit could work but the dock would have to be removed each year. Bruce Evans (BE) expresses his inclination to make things as easy on the applicant as possible and he would be in favor of accepting the approved 1995 plan. PG reiterates that her request is just to replace the pilings with exactly the same materials as in the plan. BG notes that Chris Miller (CM) and he advised the applicant that they need to file a Notice of Intent with a current stamped plan. BG reminds the Commission that they can use Special Conditions under the new Order of Conditions to make modifications. Casey Chatelain (CC) does not want to rescind a previous Commission -approved project, and the 1995 approved plan is something that can be modified with Special Conditions. SM views this request as maintenance, and replacing the pilings in kind, and would let it go forward as such. MT summarizes that the Commission is favorable of waiving the requirement for a new stamped plan. All present discuss whether to require a new Notice of Intent (NOI). BG states that a new Notice of Intent is mandatory per the Order of Conditions and Certificate of Compliance/SE9-821 with OnGoing Conditions. CM affirms that the original Orders of Condition (OOC) required new permitting to perform maintenance. Steve Mckenna (SM) acknowledges that the Special Condition is in the OOC but would be willing to waive it. BG notes that a new NOI is the only way for the applicant to secure OnGoing Conditions. CM suggets that, should the Commission not require a new NOI, they cannot condition the means and methods of the pilings replacement. KP and BG discuss topography, sedimentation, and water levels. Gary Kaser (GK) supports requiring a new Notice of Intent with the existing stamped plan. MT summarizes that the Commission is in support of requiring a new Notice of Intent submittal with the existing stamped plan. Bruce Evans (BE) moves to require the submittal of a new NOI with the Site Plan Showing Proposed Stairs & Pier dated 10/18/1995 prepared by Ryder & Wilcox signed and stamped by Terry Ryder, RPE. GK Second. Approved 6-0-0. 7. Requests for Determination of Applicability 7a. 500 W.H. Besse Cartway, 84-45. Town of Brewster Department of Public Works proposes driveway, path and lawn maintenance; removal of swim floats; and installation of signage, within a Bordering Vegetated Wetland; and within the buffer zone to Long Pond, FEMA Flood Zone A, Bordering Vegetated Wetlands, and Isolated Vegetated Wetlands. RDA# 24-01. 2of12 Conservation Commission Meeting Minutes — February 27, 2024 Griffin Ryder (GR) Department of Public Works Director present. GR discusses the maintenance activities proposed for the Long Pond Parcel. GR describes the request to permit interim pedestrian access to the pond and explains the access and activities in detail, as well as which areas would not be made accessible in the interim. GR describes the road maintenance, such as grading the roadway, to provide access to the homes at the end of the road. GR requests approval for periodic mowing of two specific areas, while pulling back the limit of work on mowing to allow for emergency and maintenance vehicles to get in an out such as a portable restroom delivery and removal vehicle. GR requests approval to maintain a path going down to the beach, for activities such as removing fallen limbs and grading. GR intends to remove the swim floats and requests approval for installation of signage. GR describes the remaining submittal documents, including site photos and letters. Bruce Evans (BE) asks if the rules will allow fishing and swimming; and he questions the five parking spaces. GR notes that the Master Plan includes several parking areas along the roadway. BE expresses concern that insufficient parking means that visitors will park in nondesignated locations. GR notes an upcoming Select Board policy in which parking outside of designated spaces would be subject towing. GR affirms that a Notice of Intent which is being drafted will be submitted in the long term. Steve Mckenna (SM) is supportive of roadway maintenance and moving the floats. He expresses concern about the mowed area, especially without defined use and calls out the wetland delineation is missing soil boring logs in the vicinity of the wetlands. BG describes the wetland delineation and resource areas in detail which he reviewed extensively and provided detailed feedback. Bill Grafton (BG) reiterates that the open area would be mowed for emergency vehicle access that GR, Chris Miller (CM) and he tested on site. BG discusses the one expiration under the Bylaw versus the three-year approval of a Determination of Applicability under the State. BG, SM and GR discuss the specific alphanumeric markers of the wetland delineation flags in question, as well as the proposed size of the mowed area on the wetland. SM is supportive of access, but not blanket mowing on a wetland. All present discuss the Commission's voting options. SM requests that the mowing would only be approved later, with soil sampling before a wetland delineation is formally approved. Chris Miller (CM) through the chair, comments that additional information is typically asked for with a continuation. SM and Gary Kaser (GK) discuss the implications of allowing the Town to perform activities that a private property owner could not. SM reiterates the lack of an appropriately defined need. All present discuss historic activities versus implementing new requirements for a new property owner. SM suggests approving the application less the mowing areas, and not approving the wetland lines. GK asks if the area will be open year round? GR affirms that it will. CM notes that the Town is dedicated to bringing forward a Notice of Intent once the activities in the area have been defined. CM requests approval for additional stones to be imported to block off restricted areas. Mike Tobin (MT) asks if there are any public comments. There are none. SM moves to approve a Determination of Applicability with a positive 5 for the Brewster Wetlands Bylaw noting that this Determination of Applicability is valid for three years, a positive 2B denying the wetland delineation and a negative 3 for work within the buffer zone sans mowing the two proposed mowing areas. BE Second. Approved 6-0-0. 8. Notices of Intent 8a. 83 Dune Road, 79-35. Whitcher. Continued Public Hearing. SE9-1960. Nick Crawford (NC), and Lauren Taylor (LT) of Crawford Land Management and Jamy Buchanan-Madeja (JB), attorney present for applicant. 3of12 Conservation Commission Meeting Minutes — February 27, 2024 NC summarizes the proposed project, including the creation of two (2) view corridors on the property which would remove several trees and saplings, as well as including pruning to maintain a specific canopy height. The proposed work would include managing invasive and non-native species on site using the early detection, rapid response technique. Timbers and a small brick patio would be replaced in kind on the property. NC addresses the Commission's questions from the first hearing, including the top of the Coastal Bank, which was corrected; the boundary of the Coastal Dune and the 50 and 100 -foot buffers, which were staked in the field were depicted; the quantity of the trees proposed for removal and how they are accounted for on the plans which depicted only the trees with 5 DBH or great while the table detailed trees under 5 DBH as well; the timber ties along the sand path and brick patio, some of which are located off property was discussed. NC confirms that no work will take place off property. NC affirms that their calculations show that upwards 91% of canopy cover will be retained within the naturally vegetated areas. NC addresses concerns regarding wildlife habitat, noting the submitted supporting documentation for understory improving species diversity and stratification. NC notes that the application is not associated with the Enforcement Order from the previous owner. NC believes the addition of shrubs and understory will improve the health of the existing tree stand and notes the shorter biological rotation age of the existing trees to the proposed species. Kim Pearson (KP), NC and JB discuss the change in language between the first draft for the variance justification, from "all trees removed will be replaced with an equivalent in biomass," to "trees being removed will be replaced using large native shrubs," in the most recent draft with no definition of mass. JB affirms that trees removed will be replaced with the same amount in biomass. KP requests the calculations to be shown. Steve Mckenna (SM) doesn't have questions on the planting in general. The understory is currently very open, and adding the shrubs will add diversity. SM asks to confirm that they have asked for a variance from the requirement for a stamped plan. LT notes that John O'Reilly submitted a stamped site plan, but that Crawford Land Management is completing the restoration work and would be happy to submit a stamped Restoration Plan from the Licensed Landscape Architect, Jennifer Crawford. SM notes that a stamped plan is required for a submittal. NC adds that JM O'Reilly and Associates, Inc. would be responsible for the staking of resource areas, buffer zones, property lines; and stamping his Existing Conditions Plan. JC would be responsible for stamping the Restoration Plan. SM notes that the As -Built plans are different than a proposed Restoration Plan, noting the work occurring right on the property line. Bill Grafton (BG) confirms that a stamped John O'Reilly plan has not been submitted, and that the suggests that the vista corridors and patio should be included on the stamped plan. The Commission cannot approve work to occur offsite with that property owner's approval. BG notes that the stamp is typically provided by a Land Surveyor or Registered Professional Engineer, and that the requirement is up to the Commission. LT clarifies that John O'Reilly and Associates, Inc. staked the view corridors, and that the information is not approximate. KP reminds the Commission about the danger of Vista Creep without clear demarcations of the cutting going forward. LT brings attention to a note in the Land Management Plan stating that the View Corridors would be staked with a physical marker. SM asks about the existing patio to be relocated entirely on the property, and whether the new location will be in jurisdiction? NC confirms that a portion falls within the 50 -ft buffer. SM suggests identifying on the plan where the patio will be relocated to. BG comments that the trees that will be taken out will be flush cut, and then shrubs will be installed. BG recommends a phased approach to the proposed work. BG comments that glyphosate -based or triclopyr-based herbicides are proposed for invasive species management. BG advises that the Commission consider the precedent of the herbicides approved in the recent Ocean Edge Golf Course Order of Conditions. BG comments that the proposed ongoing maintenance should considered before the Commission approve the plan. BG describes the difference in tree removal versus pruning between the two proposed corridors and notes the typical Special Conditions enacted by the Commission to retain 90% of the individual tree's canopy when pruning. While the plan shows 91% of the overall canopy being retained, it doesn't show if each individual tree retains 90% of its canopy. BG discusses the buffer to the dune and the requested variance. KP and BG discuss the trees marked in the 0 -50 -ft buffer zone, for which a variance is requested to allow them to be removed. 4of12 Conservation Commission Meeting Minutes — February 27, 2024 NC addresses the view corridor on the east side of the property, where mostly pruning is proposed. NC notes that glyphosate -based or triclopyr-based products are common herbicides that are EPA approved and used throughout Brewster. He describes the herbicides that are comprised of these chemicals, including the herbicides mentioned by BG. NC wanted to show that over 90% of the overall canopy cover within the resource areas and associated buffer zones will remain. He clarifies that removing the trees in some instances minimizes the reduction in canopy. NC argues that phasing introduces more disturbance over several events, especially for a project occurring on less than half an acre. JB adds that she has seen statewide the importance of establishing habitat all at once, especially on project spaces as small as this. This allows species to reestablish. NC speaks to the incentive to benefit the resources area, to improve the vista for the property owner, while at the same time increasing biodiversity and climate resistance of the area. He describes the benefit of utilizing the different root types of large trees, shrubs, and perennials and grasses. Mike Tobin (MT) believes the Commission is looking for a continuance. JB asks why the Commission is continuing, rather than approving the project with the requirement of a revised, stamped plan by a date certain? The Commission confirms that they view the submittal as incomplete without a stamped site plan. All present discuss closing conditionally versus continuing the hearing to give the applicant time to submit the stamped plans and address the concerns of the Commission. KP can't approve without seeing the mitigation calculations. SM is supportive of the project, but needs the questions from the Commission addressed. BG asks the Commission if they want the smaller trees marked for removal depicted on the plan? NC and JB ask for a straw poll, assuming they will be satisfied with the site plans revised and stamped as requested, and the calculations for the same or greater biomass. Straw Poll: Gary Kaser (GK), Yes; KP, No; MT, Yes; Casey Chatelain (CC), Yes; SM, Yes; Bruce Evans (BE), Yes. JB, KP and BG discuss biomass, KCP clarifying that she needs a mitigation formula confirming that the biomass of trees removed will be replaced by an equivalent amount of biomass in the proposed plants. JB believes that the biomass calculations have been completed, and that they can deliver those calculations. BG recommends that the Commission continue the hearing to the next Public Meeting. MT states that the Commission is close to approving the project, but that it is best to continue it to the next meeting. KP moves to continue the hearing for 83 Dune Road to the March 12, 2024 public meeting. GK Second. Approved 6-0-0. 8b. 168 Highland Moors Drive, 115-38. Masi. Continued Public Hearing. SE9-1961. Mike Pimental (MP) from JC Engineering, Diana Zaglio (DZ) Architect Designer, Ian Peach (IP) Wilkinson Ecological Design. MP summarizes the proposed project: an existing single family home for which a new addition is proposed, located within the 100 -foot buffer to a coastal bank and a salt marsh. They are proposing a covered porch, and removal and replacement in kind of an existing deck. The applicant proposes to upgrade the septic system with a leaching pit, both of which are outside the 100 -foot buffer to the coastal bank. MP notes the efforts of Bill Grafton (BG), and thanks him for his patience. MP calls to attention the Architectural Plans and Wilkinson Ecological Designs' Mitigation Plan, which were submitted in response to Commission comments. IP describes over 1000 -square feet of mitigation, noting two areas directly adjacent to the Coastal Bank through removal of non-native grasses and Arborvitae which will be removed and replaced with native shrubs, grasses and forbes, as well as Eastern Red Cedar and further describes the plans and ecological impacts and mitigation. The Commission applauds the excellent preparation of the submitted application and the restoration plan. Bruce Evans (BE) calls out language: "should any additional trees need to be removed the Applicant will contact the Conservation Commission Agent", and asks why any additional trees would need to be removed that aren't noted on 5the 12 Conservation Commission Meeting Minutes — February 27, 2024 plan. MP calls out one tree next to the proposed addition, that may cause issues during excavation which can't be identified until excavation begins. All present discuss: the Commission is amenable. Kim Pearson (KP) moves to close and approve an Order of Conditions SE9-1961 with standard Special Conditions including Conservation Markers. Gary Kaser (GK) Second. Approved 6-0-0. 8c. 351 Point of Rocks Road. 79-23. Sheff. Continued Public Hearing. RAOOC SE9-1714. Nick Crawford (NC) Crawford Land Management present for applicant. NC describes the Request for Amended Order of Conditions to include Special Conditions to be able to retain nourishment, maintain the coir array covered with sand, and monitor and repair as needed. NC requests to be able to maintain sturdy drift fence, and the landing for the stairway. NC notes that all these conditions have been approved before, he simply wants to extend them and add sacrificial nourishment per the revised calculations. Bill Grafton (BG) and Steve Mckenna (SM) spoke with Jennifer Crawford (JC) and Stephanie Haussman (SH). The representatives responded to the feedback and provided the requested additional materials. BG describes the Applicant's erosion rate calculations. He suggests that the site plan should be revised to note the referenced offsite activity that was approved in SE9-1814 at 347 Point of Rocks. BG notes that the site plan calls out SE9-1714 and SE9-1797, totaling three plans. BG describes the referenced plans, and the difference in cubic yards of beach renourishment required. BG reminds the Commission that they waived the requirement for an additional stamped plan, so the sketch plan must include everything the Commission requests. BG describes the Ongoing Conditions, and the Applicant's request to carry six Special Conditions from SE9-1797 into the Amendment for SE9-1714 and details the exact Special Conditions to be carried over. In addition, the request Ongoing Conditions from SE9-1714, original. The Applicant additionally requests a new Ongoing Condition allowing for maintenance to manage invasive, non-native and aggressive species in perpetuity. BG thinks the Commission could close with the submittal of a revised sketch plan on 12 noon, Friday, March 1, 2024. NC affirms that this is possible. Steve Mckenna (SM) suggests that, on the revised sketch plan, that they note the existing fiber roll array on the plan. It is confirmed that the array is referenced in the legend. NC and BG discuss including reference to SE9-1814 on the Sketch Plan. NC agrees to add it. Kim Pearson (KP) moves to close and approve an Amended Order of Conditions [with ongoing conditions] combining the approved SE9-1714 and SE9-1797 Special Conditions and require the submittal of a revised "sketch plan" reflecting the Commission's requirements by 12 noon, Friday, March 1 2024. Gary Kaser (GK) Second. Approved 6-0-0. 8d. 336 Robbins Hill Road. 38-77. Lee. SE9-1964. Nick Crawford (NC) Crawford Land Management (CLM) and Ming Lee (ML), homeowner present. NC describes the supplemental materials submitted in advance of the Public Meeting and asks if the submitted As -Built Plan was acceptable? Bill Grafton (BG) states that it was not, and that Jennifer Crawford asked for a waiver. NC affirms that they have supplied the beach nourishment calculations, and want to nourish before the April F' to meet the Natural Heritage and Endangered Species (NHESP) deadline for Time of Year Constraint. Jen Crawford (JC) of Crawford Land Management explains two (2) expired Order of Conditions for the house, and for nourishment on the Coastal Bank. As both are expired, CLM is submitting a new Notice of Intent (NOI) so that they can make the mitigation area compliant, as well as continue nourishment of the Coastal Bank. JC confirms that they are not proposing anything new that hasn't been approved by the Commission in the past, but reopening previously approved activities under a new NOI. Bili Grafton (BG) alerts the Commission that they have no Site Plan that is stamped by an RPE or PLS, only an As -Built and that the applicant's representative has asked for a waiver for the stamped plan requirement. Steve McKenna (SM) differentiates between sturdy drift fence and a Coastal Engineering Structure. Chris Miller (CM) asks if the Applicant is providing a minimum nourishment amount? CM identifies the minimum nourishment calculation submitted. 6of12 Conservation Commission Meeting Minutes — February 27, 2024 BG notes that the applicant is handling the plants well, identifying the specific plants added and removed. BG describes the previous beach nourishment volumes conditioned, calling out a maximum of 488 cubic yards per the revised submittals. NHESP also calls out species protection and time of year constraint. BG alerts the applicant that NHESP only gives S year permits. A copy of the Orders of Conditions should be sent to Natural Heritage by the Applicant. BG describes the requested Ongoing Conditions from SE9-1726 and from SE9-1727. BG describes the request for new OnGoing Conditions: to maintain the stairway in perpetuity; to plant American Beachgrass as necessary; and to Apply Early Detection and Rapid Response methodology to SE9-1727 Special Conditions. The Commission is amenable to the OnGoing Conditions as cited by BG. All present discuss waiving the requirement for a plan stamped by an RPE and PLS. SM states a concern about the stair, and that the sketch plan should note the plan in which it was originally approved. SM notes that the applicant is not proposing anything new. The Commission is amenable to a sketch plan with the required revisions, due by noon, Friday, March 1, 2024. Kim Pearson (KP) moves to close and approve an Order of Conditions combining the applicable Special Conditions from SE9-1726, SE9-1727, Natural Heritage and Endangered Species Program and other special conditions as discussed, and require the submittal of a revised "sketch plan" reflecting the Commission's requirements by 12 noon, Friday March 1, 2024. Gary Kaser Second. Approved 6-0-0. NC asks for clarification on what additional items the revised sketch should include. BG lists to call in SE9-1726 and SE9-1727 documents; to write the JC calculations on beach renourishment; and the maximum of 488 cubic yards. 8e. 47 Captain Dunbar Road, 91-40. Wallis. New Public Hearing, Peter W. Wallis proposes coastal renourishment and driveway improvements within a Coastal Dune and Land Subject to Coastal Storm Flowage, and the buffer zone to a Coastal Beach, Coastal Dune, and Land Under the Ocean. SE9-1966. Bob Perry (BP), Cape Cod Engineering present for applicant. BP gives the history of the property and permits that have expired, as well as activities that have been undertaken throughout the submittal of this new Notice of Intent (NOI). They wish to be able to add sand this Spring, and so are submitting a new NOI to complete work previously permitted under the expired permit. BP describes two (2) additional requests in the NOI: cleaning off sand that had collected on the juncture of the driveway, to replace the timbers. The size of the driveway is approximately 400 square feet and doesn't trigger the Brewster Stormwater Bylaw. BP informs the Commission that he has a revised plan that includes 10 cubic yards of sand deposited directly onto the revetement and the coastal beach. BP discusses landward versus seaward nourishment, and the request for American Beachgrass. Bill Grafton (BG) discusses the driveway. BG discusses the prior requirements under SE9-1496 for nourishment on the Coastal Beach. BG suggests the Commission set an expiration date for this permit to synchronize with the expiration dates for the Order of Conditions on the adjacent lots. BG and BP discuss the language in the State Regulations that allow a five-year permit under specific conditions. BG suggests that Steve Mckenna (SM) review the revised plan. BG suggests the Commission require two (2) hard copies and one (1) digital of the revised plans to be submitted by 12 noon, Friday, March 1, 2024. KCP moves to vote to close and approve an Order of Conditions combining the applicable Special Conditions from SE9- 1496 to include submittal of an As -Built Plan and compliance /deviation statement as part of the Request for Certificate of Compliance and require the submittal of a revised site plan reflecting the Commission's requirements by 12 noon, Friday, March 1, 2024. Gary Kaser Second. Approved 6-0-0. 10. Request for Extension Order of Conditions Paul Wallace (PW) and Paul Shea (PS), Independent Environmental Consultants presenting for all four (4) properties. The group talked with PS, who suggested that they extend and then submit for an adjustment to the requirement of the nourishment. They are looking to extend and then come back with a modification. 7of12 Conservation Commission Meeting Minutes —February 27, 2024 Bill Grafton (BG) suggests that they get approved for no more than two -years. Although they haven't been renourishing, he wants to give them the opportunity to nourish noting their extensive interaction with BG since November 2022. BG asks PW if they will be nourishing in the Spring 2024, PW says no, because PS thinks it is unnecessary. Upon hearing this, BG revises his suggested extension to six months. BG reiterates the conversations that the applicants have had with Steve Mckenna (SM), Chris Miller (CM) and himself, reminding the applicants that Enforcement was discussed, and that the concerns of beach grass being covered is rarely a valid reason to neglect beach renourishment. PS, having visited the site, notes that it is incredibly stable, with significant American beach grass coverage and notes that the Order of Conditions calls out that the beach needs to be nourished every year, or as needed. He believes that the particular site isn't getting eroded, and questions why beach renourishment is still required. PS notes the coastal engineering elements are currently covered. Mike Tobin informs PS that the Beachgrass concerns were discussed when Brewster Park Club members met with the Commission. SM reiterates that `as -needed' maintenance tends to be reactive, and there are not the means to respond quick enough to put the material back after significant storms. Annual nourishment is proactive, which builds up coastal resources in advance preparation for those storms. SM informs the applicant that, if you feel that the material is not needed at the site, you can deposit it offsite. PW cites the Order of Conditions to come back every three years to adjust the nourishment requirements. PW would be more favorable to do sand on a landing if required to perform the sand nourishment. BG notes that the applicant has not been doing the required compensatory sand nourishment work with some of those annual events covered by Commission approved waivers. Chris Miller (CM) describes the littoral cell of which the Applicants properties are a part and notes a recent storm which eroded a nearby beach which had previously built up. CM details the multiple variables that impact erosion at a site. BG describes the cumulative offset, to help not only the applicant properties, but other properties in Town. BG advises that, after 15 months of educating the applicant group, and providing support in his role as Conservation Administrator, he had understood that Brewster Park Club was committed to performing beach renourishment this Spring. BG states to PW that he could have enforced on Brewster Park Club but has not preferring to work with the Brewster Park Club members through education. PW argues their consultant agrues that they should not nourish. SM reminds PW of the rationale for proactive nourishment. PW wants to retain the aesthetic of the bluff; he wants to nourish after the sand has eroded. BG describes the difference between thinking about beach renourishment as an individual property versus the system. PW thinks he can be amenable to doing an offsite nourishment this Spring. PW notes the Special Condition that they should be returning every three years to reevaluate the nourishment requirements. James Newman (JN) owner of 1 Carver Road asks to be recognized and reiterates the reticence to put sand on top of American beach grass. JN asks that, if the properties are required to perform their obligatory nourishment requirement offsite, would the rest of the community at large bear some of the cost? Mike Tobin (MT) reminds JN that they could enforce on the applicants and require them to nourish on their own properties, and not give them the alternative option to nourish offsite at all. All present discuss nourishing offsite, and examples of other properties when this is valuable. BG notes that the dynamics are changing regarding plan requirements, which will require a stamped plan for Request for Amended Orders of Conditions. BG reminds the applicants that they have been in discussion with him for 15 months regarding these specific permits, and are only choosing to act now. BG asks PW if they will nourish in the Spring? PW answers that they will try, and cites contractor availability. 8of12 Conservation Commission Meeting Minutes — February 27, 2024 All present discuss the length of Extension to approve. SM asks CM about Town access points for Beach Nourishment? Casey Chatelain (CC) addresses PW stating that the Commission will need to see documentation that PW has been making good faith efforts to accomplish renourishment in the Spring. BG suggests that the applicants receive two-year extensions. BG advises that any adjustments the applicants' want will be a Request For Amended Order of Conditions or a discussion item with the Commission. 10f. 16 Sunhouse Path, 50-37. Wallace. SE9-1675. Kimberly Crocker Pearson (KCP) moves to approve an extension for 16 Sunhouse Path. SM Second. Approved 6-0-0. CC moves to revoke the previous vote for 16 Sunhouse Path. SM Second. Approved 6-0-0. Casey Chatelain (CC) moves to approve a 2 -year Extension Order of Conditions for SE9-1675 [16 Sunhouse Path] to February 27, 2026. SM Second. Approved 6-0-0. 10g. 1 Carver Road, 50-33. Newman. SE9-1676. Casey Chatelain (CC) moves to approve a 2 -year Extension Order of Conditions for SE9-1676 [1 Carver Road] to February 27, 2026. Gary Kaser (GK) Second. Approved 6-0-0. 10h. 0 Sunhouse Path, 50 -NA. Brewster Park Club. SE9-1677. Casey Chatelain (CC)moves to approve a 2 -year Extension Order of Conditions for SE9-1677 [0 Sunhouse Path] to February 27, 2026, Gary Kaser (GK) Second. Approved 6-0-0. 10i. 17 Sunhouse Path, 50-36. Franck. SE9-1678. Casey Chatelain (CC) moves to approve a 2 -year Extension Order of Conditions for SE9-1678 [17 Sunhouse Path] to February 27, 2026. Gary Kaser (GK) Second. Approved 6-0-0. Steve McKenna (SM) leaves the room. 10a. 785 Main Street/Drummer Boy Park, 26-27. TOB. SE9-1839 All present discuss the property ownership and agree to vote on the application without SM. Casey Chatelain (CC) moves to approve a 3 -year Extension to SE9-1839 [785 Main Street] to February 27, 2027. Gary Kaser (GK) Second. Approved 5-0-0. 10b. Crosby Landing, 115-7 115-8115-9 & 115-11. TOB. SE9-1725. Casey Chatelain (CC) moves to approve a 3 -year Extension to SE9-1725 [Crosby Landing] to February 27, 2027, Gary Kaser (GK) Second. Approved 5-0-0. 10c. Walkers Pond, 10 -NA. TOB. SE9-1724. Casey Chatelain (CC) moves to approve a 3 -year Extension to SE9-1724 [Walkers Pond] to February 27, 2027. Gary Kaser (GK) Second. Approved 5-0-0. Steve McKenna returns to the meeting. 10d. 79 & 87 Byfield Cartway, 50-6 & 50-7. Byfield Cartway LLC. SE9-1878. Bill Grafton needs more time to review the submitted implementation report and requests the Commission continue to the March 12, 2024 Commission Public Meeting. Casey Chatelain (CC) moves to continue the Extension request for SE9-1878 [79 & 87 Byfield Cartway] to March 12, 2024. Gary Kaser (GK) Second. Approved 6-0-0. 9of12 Conservation Commission Meeting Minutes - February 27, 2024 10e. 44 Governor Prence Road, 58-27. Jennett. SE9-1516. Casey Chatelain (CC) moves to approve a 3 -year Extension to SE9-1516 [44 Governor Prence Road] to February 27, 2027; and provide guidance on current reporting requirements. Gary Kaser (GK) Second. Approved 6-0-0. 10j. 322 Robbins Hill Road, 38-78. SE9-1481. Casey Chatelain (CC) moves to approve a 3 -year Extension to SE9-1481 [322 Robbins Hill Road] to February 27, 2027. Gary Kaser (GK) Second. Approved 6-0-0. 10k. 0 Cranview Rd, 10-67. Casey. SE9-1841. Casey Chatelain (CC) moves to approve a 3 -year Extension to SE9-1841 [0 Cranview Road] to February 27, 2027. Gary Kaser (GK) Second. Approved 6-0-0. Kim Pearson (KP) recuses and leaves the room. All present discuss recusing on a continuation. 9. Request for Certificate of Compliance 9a. 257 Crocker Lane, 69-4. Fields. SE9-1763. The Applicant has requested a continuation to March 26, 2024. Casey Chatelain (CC) moves to continue the request for Certificate of Compliance for 257 Crocker Lane SE9-1763 to March 26, 2024. Gary Kaser Second. Approved 5-0-0. Kim Pearson (KP) returns to the meeting. 9b. 261 Linnell Landing Road, 103-13. Linger Longer by the Sea. SE9-1124. BG explains that the applicant requires more time to provide the requested additional information. Casey Chatelain (CC) moves to continue the request for Certificate of Compliance for 261 Linnell Landing Road, SE9- 1124 to March 12, 2024. Gary Kaser (GK) Second. Approved 6-0-0. Gary Kaser recuses and leaves the room. 13. Request for Administrative Review _ 13a. 1603 Main Street, 56-4. Ashley. AR# 24-01. Fallen Limb removal request. Rebecca Ashley (RA) Homeowner is not present; Bill Grafton (BG) presents on behalf of the applicant. BG suggests that the Commission waives the requirement for Administrative Review Applicants to attend meetings. All present discuss. The Commission agrees that Applicants for Administrative Reviews are not required to attend. BG suggests the Commission that hazard permits shouldn't have to pay the filing fee. BG asks the Commission for the authority to waive a fee, applicant attendance or approve small or otherwise urgent activities deemed to be de minimis at his discretion without requiring the full Commission approval. The Commission agrees, with the caveat that applicants with Administrative Reviews of which BG is not in support must appear before the Commission to argue their case. Casey Chatelain (CC) brings a point of order that the current discussion, while topical, is not on the agenda. BG responds that the outcomes of the three Administrative Reviews are directly tied to the conversation. Chris Miller (CM) offers that BG can bring an item before the Commission next meeting to ratify what they have agreed on in this meeting. All present discuss the applicability of utilizing Consent Agenda. BG is not in support of Consent Agenda. 10 of 12 Conservation Commission Meeting Minutes — February 27, 2024 Mike Tobin (MT) and BG discuss waiving the fees for After -the -Fact Administrative Reviews for hazard limbs. BG advises that the Commission must vote to waive individual fees until they approve BG the authority to waive fees at his discretion. Kim Pearson (KP) moves to approve the Administrative Review# 24-01 for the removal of a fallen limb at 1603 Main Street. Bruce Evans (BE) Second. Approved 5-0-0. 13b. 56 Underpass Road, 78-116. Brewster Veterinary Hospital. ATF AR# 24-02. Hazard Limb Removal Request. Kim Pearson (KP) moves to approve the [After -the -Fact] Administrative Review# 24-02 for the hazard branch removal to preserve the travel course at 56 Underpass Road, waive the filing fee, and excuse the applicant from attending due to a work hardship. Casey Chatelain (CC) Second. Approve 5-0-0. Gary Kaser returns to the meeting. 13c. 0 Long Pond Landing, 61-9. TOB. ATF AR# 24-03. Fallen Tree Removal Request. Kim Pearson (KP) moves to vote to approve the [After -the -Fact] Administrative Review 24-03 for the hazard tree removal to preserve the Town kayak launch at 0 Long Pond Landing, Bruce Evans (BE) Second. Approved 6-0-0. 16. Report of the Conservation Administrator 16a. Discussion on design, permitting procedures and field implementation of Conservation Markers. Bill Grafton (BG) shares the Brewster Commission Conservation Markers. BG applauds David Johson for designing the Conservation Markers with guidance from Chris Miller, DNR Director and BG. BG describes the design in detail including Brewster resource areas pictures and the intended use in the field. BG describes the procedure of implementation as a case-by-case basis during permitting or enforcement. They should go on the site plans, and be carried in the Special Conditions, OnGoing Conditions and depiction on the As -Built as part of the process. The Commission discusses selling the Conservation Markers. They agree that if the ConservationMarkers are required as part of an Order of Conditions or Enforcement, that the Commission should provide them. If someone voluntarily implements them to be a good steward, that person or company should purchase them. Kim Pearson (KP) moves to ratify the Conservation Marker usage on a case-by-case basis during public meetings for conservation permits, enforcement orders and other Commission requirements. The Conservation Markers will be depicted on site plans and the implementation details of the Conservation Marker will be typically called out in Special Conditions within Orders of Conditions, Commission correspondence for Enforcement Orders or other Commission requirements. Gary Kaser (GK) Second. Approved 6-0-0. 17. Meeting Minutes and Other Administrative Revisions for Review and Ratification 17a. Draft Oct 16, 2023 Joint Meeting Minutes. Bill Grafton distributed the meeting minutes for the October 16, 2023 Brewster Conservation Commission Joint Public Meeting with the Select Board for Commission comments. None received and no further edits at this time. Casey Chatelain (CC) moves to approve the October 16, 2023 Brewster Conservation Commission Joint Public Meeting with the Select Board as edited. Kim Pearson (KP) Second. Approved 6-0-0. 17b. Draft Oct 24, 2023 Meeting Minutes. Bill Grafton distributed the meeting minutes for the October 24, 2023 Brewster Conservation Commission Public Meeting for Commission comments. None received and no further edits at this time. 11 of 12 Conservation Commission Meeting Minutes — February 27, 2024 Casey Chatelain (CC) moves to approve the October 24, 2023 Brewster Conservation Commission Public Meeting Minutes as edited. Kim Pearson (KP) Second. Approved 6-0-0. 17c. Draft Dec 12, 2023 Meeting Minutes. BG requests additional time to review and present to the Commission. Casey Chatelain (CC) moves to table the December 12, 2023 Brewster Conservation Commission Public Meeting Minutes until March 12, 2024. Gary Kaser (GK) Second. Approved 6-0-0. 17d. Draft Jan 09,2024 Meeting Minutes. BG requests additional time to review and present to the Commission. Casey Chatelain (CC) moves to table the January 9, 2024 Brewster Conservation Commission Public Meeting Minutes until March 12, 2024. Gary Kaser (GK) Second. Approved 6-0-0. 17e. Draft Jan 23, 2024 Meeting Minutes. Bill Grafton distributed the meeting minutes for the January 23, 2024 Brewster Conservation Commission Public Meeting for Commission comments. None received and no further edits at this time. Casey Chatelain (CC) moves to approve the January 23, 2024 Brewster Conservation Commission Public Meeting Minutes as edited. Kim Pearson (KP) Second. Approved 6-0-0. 20. Next Meeting: February 29, 2024 21. Adjournment Bruce Evans (BE) moves to adjourn. Kim Pearson (KP) Second. Approved 6-0-0. Meeting adjourned 9:25 PM. Respe ly Submitted, Cassandra West, Senior Department Assistant 12 of 12 Conservation Commission Meeting Minutes — February 27, 2024