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HomeMy Public PortalAboutConservation Commission -- 2020-01-21 Minutes @REGISTER T0141 i' LERf•; Brewster Conservation Commission Minutes — Meeting Under Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act Massachusetts General Law Chapter 131 , Section 40, , 20 rEC, j � , .j , 1Nii Wetlands Protection Act (WPA) , 310 CMR 10 . 00 Regulations - Massachusetts Department of Environmental Protection ( MA DEP ) ( M . G . L . C . 131 . § 40 ) And Code of the Town of Brewster Chapter 172 , Brewster Wetlands Protection Bylaw ( BWP Bylaw) Wetland Regulations 1 . 01 — 9 . 15 Call to Order Under the Massachusetts Open Meeting Law , Chairman Michael Tobin called to order the Tuesday , January 21 , 2020 meeting of the Brewster Conservation Commission at 6 : 00 PM at the Brewster Town Offices , 2198 Main Street , Brewster, MA . Present Chairman Michael Tobin , Vice Chairman Nicole Smith , Commissioners Bruce Evans , Peter Wells , Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Senior Department Assistant Carol Spade Not Present 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 Hearings Continued Hearing - Glenn Knapik proposes to upgrade a failing five bedroom septic system to allow a system for a four bedroom house , remodel an existing dwelling and make other improvements including installing French drains , regrading and landscaping with native plantings — within 50 feet of inland wetlands on 121 Spring Lane , 48/17 ( 19/61 ) . The project proponent submitted a written request to continue the above referenced hearing to March 10 , 2020 . ** Evans/Wells AU , Continued Hearing - Jim Lavelle proposes to remove and reconstruct a single family dwelling and associated improvements , in and within 10 feet of inland wetlands , on 235 Brier Lane , 48/23 ( 19/78 ) . The Conservation Commission continued the hearing of January 7 , 2020 to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions . Following review of findings under the WPA and BWP By-law and special conditions under the BWP By-law, Evans moved , Smith seconded the motion to close the hearing , approve the project . . , with findings and special conditions as drafted , and issue an Order of Conditions . The Conservation Commission unanimously approved the motion . Eligible voters: Bruce Evans, Nicole Smith, Peter Wells, Michael Tobin (4-0 ) Citizens ' Forum The public had no comment at this time . Report of the Natural Resources Director NR The NR had no report at this time . Report of the Conservation Administrator CA The CA reported the following with respect to an unpermitted dock on Smith Pond at 1028 Stony Brook Road , 36/48 (23/56) , and owners Jerome and Barbara Conner , The Massachusetts Wetlands Protection Act M . G . L . a 131 , § 40 and the Brewster Wetlands Protection Bylaw, Chapter 172 under the Code of the Town of Brewster, requires the filing of an Application for a Permit for any person to remove , fill , dredge , alter or build upon or within 100 feet of any lake , pond , river, Brewster Conservation Commission Minutes January 21 , 2020 1 stream , estuary or the ocean , Without a permit , such a structure is in violation of said laws . As Smith Pond is a Great Pond , a license from Massachusetts General Law Chapter 91 , is required to ensure the public' s rights to fish , fowl and navigate are not unreasonably restricted , and that unsafe or hazardous structures are repaired or removed . The Conservation Administrator wrote a letter to the owners on March 28 , 2018 , regarding this unpermitted dock and received no response . On December 2 , 2019 , the Conservation Commission issued an Enforcement Order to the owners , requiring that they remove the dock or file a Notice of Intent to retain the dock . The owners opted to remove the dock . The Conservation Commission consensually agreed that Ms . Aguiar shall write a letter to the owners , stating that with removal of the dock , they have satisfied the requirements of the Enforcement Order. Requests for Extensions to Order of Conditions 1 . Kehoe , SE 9-1733 , 11 Sheep Pond Circle , 73/7 (41 /115) Expires February 13 , 2020 Following the recommendation of the Conservation Administrator, the Commission approved the above referenced request for an extension under the MA ACT and BWP Bylaw, for three years . Smith/Evans AU **. Requests for Administrative Review 1 . Corcon Nominee Trust, 239 Leland Road , 23/17 ( 36/111 ) , removal , 19 trees As contained in her Administrative Report and accompanying photos , the Conservation Administrator believed the above referenced project does not meet parameters for an activity under the Commission ' s Administrative Review process , and denied the project under Administrative Review . Smith/Wells Deny AU ** The Commission consensually agreed that a project as described shall require a Notice of Intent filing . 2 . Tubman , 135 Tubman Road , 47/29 (24/38 ) , removal , 8 trees 3 . Town of Brewster Quivett Marsh Vista, 0 Main Street, 16/2 (21 /10 ) , seasonal mowing of field for invasive species control and nature trails As contained in her Administrative Report and accompanying photos , the Conservation Administrator believed the above referenced projects meet parameters for activities under the Commission' s Administrative Review process , and approved the projects under Administrative Review, Wells/Evans , Ratify. AU ** Review of Plan Change MA Department of Transportation ( DOT) , Order of Conditions SE 9 -1583 , Drainage Systems Maintenance - request as to whether correcting flood/drainage problems via installing a new discharge pipe into leaching basins to correct flooding onto 534 Main Street shall constitute a minor change to the plan . The Conservation Commission agreed the above plan change shall be considered minor, and approved . The plan shall then be designated by the Conservation Administrator as the approved plan of record , Evans/Wells AU ** . Review and Approval of Minutes 1 . January 7 , 2020 ** Having reviewed the above referenced minutes , the Commission approved them as written . Smith/Evans AU ** . Any Topic not reasonably anticipated by the Conservation Commission Chairman No topics discussed . Document signatures Adjourned at 6 : 15 PM . Carol Spade ** (Commissioner) Moved , (Commissioner) Seconded . Denied = D Approved = A Approved Unanimously = AU . Brewster Conservation Commission Minutes January 21 , 2020 2 *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 111/05 3, Administrative Report of the Conservation Administrator 4. Meeting video recording, Town of Brewster Website http:11town. brewster. ma. us I Brewster Conservation Commission Minutes January 21 , 2020 3