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Home My Public Portal AboutConservation Commission -- 2019-01-08 Minutes Brewster Conservation Commission Minutes — Meeting Under Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act Massachusetts General Law Chapter 131 , Section 40, Wetlands Protection Act (WPA) , 310 CMR 10 . 00 Regulations Massachusetts Department of Environmental Protection ( MA DEP ) ( M . G . L . C . 131 . § 40 ) s j 9 FR«�� ►J � � And Code of the Town of Brewster Chapter 172 , Brewster Wetlands Protection Bylaw ( BWP Bylaw) 8ROYSTE4 jt1,,M ; FFf Wetland Regulations 1 .01 — 9 . 15 Call to Order Under the Massachusetts Open Meeting Law , Chairman Michael Tobin convened the Tuesday , January 8 , 2019 meeting of the Brewster Conservation Commission at 6 : 00 PM at the Brewster Town Offices , 2198 Main Street , Brewster, MA . Present Chairman Michael Tobin , Commissioners Bruce Evans , William Klein , Peter Wells , Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Senior Department Assistant Carol Spade Not Present Vice Chairman Nicole Smith f Chairman Tobin read the following into the record : " As required by the Massachusetts Open Meeting Law , the Conservation Commission is informing the public that this meeting will be video* recorded . Anyone else intending to record is required to inform the Chairman prior to the meeting . " Public Hearing Request for Determinations of Applicability ( Continued Hearing ) Elizabeth F . Shook requests determinations as to whether the area — buffer zone to inland wetlands , and the work - upgrade of a failed septic system - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 450 Lower Road , 49/ 148 ( 18/47 ) . Eligible voters: Evans, Klein, Murphy, Tobin, Wells Hearing opened on December 18, 2018, testimony taken . The applicant has requested a continuance to February 5, 2019. Klein/Wells continue the hearing to February 5 , /AU** . Abbreviated Notice of Resource Area Delineation ( Continued Hearing ) Eastward Companies filed an Abbreviated Notice of Resource Area Delineation , requesting the Conservation Commission 's determination as to boundaries of resource areas for property on Lots 1 — 8 , Main Street , Assessors ' Map 138 , Parcel 49 and 138 Parcel 81 ( 30/31 and 30/30-108 ) . The applicant has requested withdrawal of this application without prejudice, Klein /Evans withdraw the application without prejudice . AU ** . Notice of Intent ( Continued Hearing ) Thomas Monaghan , Corcoran Jennison Management ( Ocean Edge Resort) proposes variances from the Brewster Wetlands Protection Bylaw for bioengineering measures consisting of rows of coir materials , and sand nourishment and native vegetation on a Coastal Dune , Coastal Beach , Land Subject to Coastal Flowage and Brewster Conservation Commission Minutes January 8 , 2019 1 Riverfront and within the 100 -foot Buffer Zone to a Salt Marsh , Land Containing Shellfish and Vegetated Wetlands , on property off 2907 Main Street, 90/160 ( 14/1 ) . Eligible voters : Klein, Smith, Tobin, Wells Hearing opened on October 2, 2018, no testimony, continued to October 16, November 13, testimony taken, November 20 no testimony, December 18 t- testimony taken. The applicant has requested a continuance to January 22„ 2019. Klein/Wells continue the hearing to January 22 . AU ** . r ( Continued Hearing ) Stewart Bernstein , Ocean Edge II ( Ocean Edge Resort) proposes a variance from the Brewster Wetlands Protection Bylaw to vegetate a coastal dune . Property is on 2907 Main Street, 90/160 ( 14/1 ) . Eligible voters: Klein, Smith, Tobin, Wells Hearing opened on October 2, 2018, no testimony, continued to October 16, November 13, testimony taken, November 20 no testimony, December 18 testimony taken. The applicant has requested a continuance to January 22„ 2019. Klein /Wells continue the hearing to January 22 . AU ** . ( Continued Hearing ) Sears Point Condominium Association proposes a variance from the Brewster Wetlands Protection Bylaw to construct a rock boulder revetment and sand drift fence , along coastal landforms to protect a structure constructed prior to 1978 , the date of enactment of the Wetlands Protection Act. Property is off Sears Point Drive , 57/3 (411 ) . Eligible voters : Evans, Klein, Smith, Tobin, Wells Hearing opened on October 16, 2018, no testimony, continued to November 13, testimony taken, December 18, testimony taken . Klein /Evans continue the hearing to January 22 . AU ** . ( Continued Hearing ) Sears Point Condominium Association proposes to amend Order of Conditions SE 9 -1517 , to remove invasive plant species and prune vegetation , and to plant native vegetation as mitigation for the project — on 177 Sears Point Road , 57/3 (4/1 ) . Eligible voters: Evans, Klein, Smith, Tobin, Wells Hearing opened on November 13, 2018, testimony taken, continued to December 18 testimony taken. Following review of findings under the WPA and BWP By- law and special conditions under the BWP By- law, Evans moved , Wells seconded the motion to close the hearing , approve the project . . . with additional special conditions as drafted , and issue an Amended Order of Conditions . The Conservation Commission unanimously approved the motion . Eligible voters: Bruce Evans, William Klein, Peter Wells, Michael Tobin (4-0 ) Because the following four properties filed by Coastal Engineering, Inc. , are adjacent to one another and are identical proposals, the Conservation Commission heard all Notices of Intent as one hearing. ( Continued Hearing ) Mary Ellen Olson proposes a variance from the Brewster Wetlands Protection Bylaw, to install two rows of 5 -foot by 4-foot double coir layer, jute filled envelopes , one row of 3 -foot by 3 -foot coir envelopes , a Sand Drift Fence (4" by 4" slats ) and sand and plant nourishment along the shoreline , in coastal resource areas . Property is on 116 The Tides Court, 58/46 (4/61 ) . Eligible voters : Evans, Klein, Murphy, Smith, Tobin, Wells Hearing opened on December 18, 2018, testimony taken . ( Continued Hearing ) David Lapidus , Trustee , Davis Lapidus Trust , and Fotoulla Nicole Lapidus , Trustee , Fotoulla Nicole Lapidus Trust, propose a variance from the Brewster Wetlands Protection Bylaw, to install two rows of 5-foot by 4-foot double coir layer, jute filled envelopes , one row of 3 -foot by 3-foot coir envelopes , a Sand Drift Fence (4" by 4" slats ) and sand and plant nourishment along the shoreline , in coastal resource areas . Property is on 115 The Tides Court , 58/44 (4/56 ) . Eligible voters: Evans, Klein, Murphy, Smith, Tobin, Wells Hearing opened on December 18, 2018, testimony taken. Brewster Conservation Commission Minutes January 8 , 2019 2 ( Continued Hearing ) Robert L Porter and Carol B . Porter propose a variance from the Brewster Wetlands Protection Bylaw, to install two rows of 5-foot by 4-foot double coir layer, jute filled envelopes , one row of 3 -foot by 3 -foot coir envelopes , a Sand Drift Fence (4" by 4" slats) and sand and plant nourishment along the shoreline, in coastal resource areas . Property is on 90 The Tides Court, 59/1 (4/60 ) . Eligible voters: Evans, Klein, Murphy, Smith, Tobin, Wells Hearing opened on December 18, 20180 testimony taken . ( Continued Hearing ) Thomas A . and Maria Gordon propose a variance from the Brewster Wetlands Protection Bylaw, to install two rows of 5-foot by 4-foot double coir layer, jute filled envelopes and one row of 3-foot by 3 -foot coir envelopes , a Sand Drift Fence (4" by 4" slats ) and sand and plant nourishment along the shoreline , in coastal resource areas . Property is on 88 The Tides Court , 59/2 (4120 ) . Eligible voters: Evans, Klein, Murphy, Smith, Tobin, Wells Hearing opened on December 18, 2018, testimony taken. Klein [Wells continue the hearing to January 22 . AU ** . ( Continued Hearing ) Kevin and Elizabeth Hoffman propose a variance from the Brewster Wetlands Protection Bylaw to install two rows of 3 -foot by 3 -foot sand filled coir envelopes , a Sand Drift Fence (4" by 4" slats ) and sand and plant nourishment on a Coastal Beach and Coastal Dune . Property is on 286 Robbins Hill Road , 38/81 ( 219 ) . Eligible voters: Evans, Klein, Murphy, Smith, Tobin, Wells Hearing opened on December 18, 2018) testimony taken . Klein/Evans continue the hearing to January 22 , AU ** . ( Continued Hearing ) Deborah A . Bond - Kennedy and Michael G . Kennedy proposes a variance from the Brewster Wetlands Protection Bylaw for coastal bank and dune stabilizing consisting of coir envelopes , sand , etc . , nourishment and replacement of snow fence with 4 by flinch slat Sturdy Drift Fence — in coastal resource areas . Property is on 306 Breakwater Road , 58/32 (4/11 ) . Eligible voters: Evans, Klein, Murphy, Smith, Tobin, Wells Hearing opened on December 18, 2018, testimony taken . KleinlWells continue the hearing to January 22 . AU ** . Bruce Johnson proposes a variance from the Brewster Wetlands Protection Bylaw to reconstruct an existing single family dwelling and associated appurtenances , within 50 feet of inland wetlands . Property is on 72 Johnson Cartway , 61 /21 (49/28 ) . The project Is located on the MA Natural Heritage and Endangered Species Map* as an area of rare plant and wildlife habitat and rare wetlands wildlife .* The proponent received a letter from Thomas W. French , PhD , Assistant Director, Natural Heritage & Division of Fisheries and Wildlife MA Natural Heritage and Endangered Species Program ( NHESP ) ; determining that the project : "will not adversely affect the actual resource area habitat of state listed rare species . . . . This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination , or if there is a change to the project . " Summary of Applicant Testimony John O ' Reilly , PE , PLS , J . M . O ' Reilly , Inc. , represented the applicant . He described the resource areas and project as contained in the Notice of Intent , narrative , variance request and plan * . Mr. O ' Reilly submitted a section of the plan * at this time , showing existing and proposed dwelling placement . Summary of Staff/Conservation Commission Comments Brewster Conservation Commission Minutes January 8 , 2019 3 The Conservation Commission did not confirm resource area accuracy as shown on the site plan * , The Commission and staff requested assurance that the shed will be removed and stairs constructed by hand held instruments instead of heavy machinery , and that work limits be adjusted on the plan , if necessary . Mr , Klein requested the applicant document on a revised plan , each tree/shrub proposed to be removed from the 100 foot buffer zone to wetlands , and include the species and size , and clearly delineate these trees/shrubs in the field . He further requested that the plan show the replacement of two * native woody plants for each one removed ; and depict size , species and placement in the field . Summary of Public Comments Environmental Consultant Arlene Wilson , representing Frances P III and Cathryn C Noyes , Trustees attended . She submitted a resume of her experience at this time . Ms . Wilson ' s environmental concerns for the project included its impact on groundwater and surface water ( causing increased nitrogen and phosphorus ) , and the number of trees the project will sacrifice . She also referenced the types of native plantings proposed as mitigation in the 0 - 50 foot buffer zone . She believed the plantings at the high elevation shown on the plan will not survive , as they are specifically wetland plants , whose roots must remain as such to continue to survive . She further believed the project is not compliant with the aesthetic interest of the BWP By- law. - Mr. Noyes attended as well , and expressed essentially the same concerns for the project . Klein [ Wells continue the hearing to January 22 . AU ** * List of documents submitted for the Notice of Intent and discussed at this hearing , 1 . J . M . O' Reilly, . . . Site Plan , 72 Johnson Cartway , 12/20/18 , Narrative, Variance Request 2. " " " section showing former and proposed dwelling footprints (submitted at hearing ) 3. Conservation Commission Approved Planting Ust: Cape Cod Cooperative Extension Service (www. capecodextension . org), list of native woody plants for/inland wetland buffer zones depicting the species, size and natural spacing of plants Raymond and Jeanne Sullivan propose a variance from the Brewster Wetlands Protection Bylaw to reconstruct an existing boulder revetment and coastal stairway in coastal wetlands . Property is on 347 Point of Rocks Road , 69/99 (6/6 ) . The project is not located on the MA Natural Heritage and Endangered Species Map * as an area of rare plant and wildlife habitat and rare wetlands wildlife . Summary of Applicant Testimony John O ' Reilly , PE , PLS , J . M . O ' Reilly & Associates , Inc . , represented the applicant . He described the resource areas and project as contained in the Notice of Intent , narrative , variance request and plan * . Mr. O ' Reilly referenced a report* regarding proposed Coastal Bank stabilization written by Jim O ' Connell , Coastal Geologist, whom the owners retained for the Notice of Intent ( included in the Notice of Intent) . Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan * . Brewster Conservation Commission Minutes January 8 , 2019 4 Ms . Aguiar informed the Commission that Mr. Greg Berman , Coastal Processes Specialist , Woods Hole Sea Grant/Cape Cod Cooperative Extension , has confirmed he will review the _ project , should the Commission so request it . The Conservation Commission consensually agreed to retain Mr. Berman ' s services . Summary of Public Comments The public had no comment. Klein /Wells continue the hearing to January 22 . AU ** . * List of documents submitted for the Notice of Intent and discussed at this hearing : 1 . J . M . O' Reilly Proposed Site Plan 347 Point of Rocks Road , 12/17/18 , Narrative, Variance Request 2. November 27, 2018 letter to Conservation Commission from Jim O ' Connell , Coastal Geologist, Coastal Advisory Services , RE : Analysis of Proposed Coastal Bank Stabilization at 347 Point of Rocks Road . . . Citizens ' Forum The public had no comment at this time . Report of the Natural Resources Director The NR had was not present and had no report at this time . Report of the Conservation Administrator The CA had no report at this time , F Request for Certificate of Compliance 1 . Lapple , SE 9 -10961 394 Run Hill Road , 34/63 ( 36/57 ) John O ' Reilly , PE , J . M . O ' Reilly attended . Mr. O ' Reilly clarified for the record that contrary to his initial request , the project did commence , The Conservation Administrator recommended that the project essentially complies with the Order of Conditions , and that the Commission issue a Certificate of Compliance upon submittal of the required " as- built" plan and written statement of compliance from the engineer, and documentation that roof runoff has been contained to prevent contamination in wetland areas . Evans/Wells AU * * Request for Administrative Review 1 . Henderson , 72 Fox Meadow Drive , 19/186 ( 14/101 ) The Conservation Administrator believed the above referenced project , flush cutting of three trees , meets parameters for an activity under the Commission ' s Administrative Review process , and approved the project under Administrative Review , Klein/Wells ; ratify . AU ** Review of Plan Change Lutzker, Order of Conditions SE 9 -, 1699 (vista pruning , etc . ) request as to whether revised vegetative management plan shall constitute a minor change to plan - on 45 Dune Road , 79/32 (6/15 ) Jennifer Stevens , Matthew Cunningham Landscape Design , LLC , attended , with a request to expand vegetation management. As recommended by Ms , Aguiar, the Commission did not approve the project as a minor change , and recommended that she file to amend Order of Conditions SE 9 - 1699 in compliance with the DWW Policy 85 -4 under the ACT , and filing requirements under the BWP By- law . Review and Approval of Minutes 1 . November 13 , 2018 2 , November 20 , 2018 Brewster Conservation Commission Minutes January 8 , 2019 5 Having reviewed the above referenced minutes , the Commission approved them as written Evans/Wells . AU * * . Any Topic not reasonably anticipated by the Conservation Commission Chairman Document signatures Any Topics not reasonably anticipated by the Conservation Commission Chairman No topics discussed . �. Adjourned at 7 , 10 PM . Carol Spade **(Commissioner) Moved , ( Commissioner) Seconded . Denied = D Approved = A Approved Unanimously = AU . *Note: The words, "wetland" and "resource area " are synonymous. The 100 and 50 foot buffer zone is the protective upland area located within 100 and 50 feet of a wetland . As the municipal focal point for environmental protection Conservation Commissions were given the responsibility in 1972 for administering the ACT . Since that time the Commissions have served in a regulatory as well as a conservation capacity . In 1979 , Lovequist v. Conservation Commission of Town of Dennis , the Supreme Judicial Court upheld that by- laws are not in conflict with the Wetlands Protection Act , so long as they Impose stricter standards on projects affecting wetlands and other resource areas. Among the list of documents * for this meeting are the following: 1 . Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service (www. capecodextension. org), list of native woody plants for coastal/inland wetland buffer zones depicting the species, size and natural spacing of plants 2. Massachusetts Department of Agricultural Resources . . . Invasive Plants in Massachusetts 111105 3. Administrative Report of the Conservation Administrator 4. Meeting video recording, Town of Brewster Website http://town. brewster. me. us Brewster Conservation Commission Minutes January 8 , 2019 6