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
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Brewster Conservation Commission Minutes January 21 , 2020 3