HomeMy Public PortalAboutConservation Commission -- 2020-03-10 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 ) ; i; � i , n mr'.; � ;,: ie , �
( 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, March
10 , 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 , Gary Kaser,
Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Carol Spade
Not Present
Commissioner Peter Wells
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 . "
Under MA General Laws Chapter 40, Section 8C
Review, Recommendations and Signatures of the following Land Management Plan :
1 . Meetinghouse Road Aquifer Protection Area , 0 Slough Road , Baseline Documentation
Report and Land Management Plan
Under M . G . L . C . 131 . §40 And BWP By-law
Public Hearings
Requests for Determinations of Applicability
Eric Levy, Park Supervisor, Nickerson State Park, requests determinations as to whether the area —
buffer zone to inland wetlands , and the work — installation of a wood shed for storing boating
equipment to serve Cliff and Little Cliff Ponds , is subject to the Wetlands Protection Act. Property is
on 3488 Main Street, 114163 (3111000 , 43/2) .
Summary of Applicant Testimony
Eric Levy, Supervisor of Nickerson State Park , attended . He clearly described the inland resource areas and
the project, under the Wetlands Protection Act only, as contained in the Request for Determination and
plan*.
Summary of Staff/Conservation Commission Comments
The staff and Conservation Commission had no concerns over adverse impacts , conditional on the
incorporation of the Conservation Administrator' s comprehensive special conditions .
Summary of Public Comments
The public had no comment.
Kaser moved , Smith seconded the motion to close the public hearing and issue determinations , as shown :
Negative Determination
3 . The work described in the Request is within the Buffer Zone , as defined in the regulations , but will not
alter an Area subject to protection under the Act . Therefore , said work does not require the filing of a
Notice of Intent , subject to the following conditions (if any) .
Special Conditions shall be detailed in a letter to the applicant from the Conservation
Commission agent.
Brewster Conservation Commission Minutes March 10 , 2020 1 F
The Conservation Commission unanimously approved the motion .
* List of documents submitted for the Request for Determination and discussed at this hearing
1 . Site Locus Priority and Estimated Habitat of Rare Species
2 . Pine Harbor Wood Products 4/16/19
Brewster Water Department requests determinations as to whether the area — buffer zone to inland
wetlands , and the work — installation of generators on concrete pads outside three water treatment
facilities and four well stations , is subject to the Wetlands Protection Act and jurisdiction of the BWP
Bylaw. Property is on 697 Run Hill Road, 32/18 (39/15 -1 ) and 0 Mid -Cape Highway, 120/2 (46/14-1 ) .
Summary of Applicant Testimony
Paul Anderson , Water Superintendent, and Alston Potts , Project Manager, Environmental Partners Water
Facilities , Inc. , represented the applicant . Mr. Potts and Mr. Anderson described the resource areas and
project located in the two areas , as contained in the Request for Determination and displayed plan* .
Summary of Staff/Conservation Commission Comments
The staff and Conservation Commission had no concerns over adverse impacts , conditional on the
incorporation of the Conservation Administrator' s comprehensive special conditions .
Summary of Public Comments
The public had no comment.
Evans moved , Kaser seconded the motion to close the public hearing and issue determinations , as shown :
Negative Determination
3 . The work described in the Request is within the Buffer Zone , as defined in the regulations , but will not
alter an Area subject to protection under the Act. Therefore , said work does not require the filing of a
Notice of Intent, subject to the following conditions (if any) .
Special Conditions shall be detailed in a letter to the applicant from the Conservation
Commission agent.
6 . The area and/or work described in the Request is not subject to review and approval by Town of
Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw.
The Conservation Commission unanimously approved the motion .
*List of documents submitted for the Request for Determination and discussed at this hearing
1 . Site Plan , Environmental Partners Water Facilities Generation . . . Brewster C1 , C21 C31 C4
2/20/20
Notices of Intent
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 3/24/, 2020 .
Kaser/Evans** AU .
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings of Municipal
Boards" which amends Massachusetts General Laws Chapter 39 , Section 23D Chairman Michael Tobin
certified in writing that he thoroughly examined all evidence received at the public hearing of 2/18/2020 , the
only previous testimonial hearing he did not attend . Examination of evidence included visiting the site ,
reviewing all evidence received and the video recording and/or transcript of the hearing , prior to the
proceeding hearing .
Continued Hearing - Jeffrey Brodrick, Trustee, Malcolm H Brodrick FT, proposes to remove invasive
plant species within the vegetated buffer zone to a Coastal Bank, to vista prune and plant
indigenous species - on 237 Crocker Lane, 69/2 (5/205) .
Following review of findings under the WPA and BWP By -law and special conditions under the BWP
By-law, Kaser moved , Evans 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,
Brewster Conservation Commission Minutes March 10 , 2020 2
Gary Kaser, Nicole Smith, Michael Tobin (4-0 )
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings of Municipal
Boards" which amends Massachusetts General Laws Chapter 39 , Section 23D Chairman Michael Tobin
certified in writing that he thoroughly examined all evidence received at the public hearing of 2/18/2020 , the
only previous testimonial hearing he did not attend . Examination of evidence included visiting the site ,
reviewing all evidence received and the video recording and/or transcript of the hearing , prior to the
proceeding hearing .
Continued Hearing — Karen Malkus and Peter Benjamin propose to install and maintain a seasonal
aluminum dock in the waters of Long Pond , on and within 50 feet of Inland Wetlands, on 401
Hamilton Cartway, 81 /3 (48/13) .
Following review of findings under the WPA and BWP By-law and special conditions under the BWP
By-law, Kaser moved , Evans 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,
Gary Kaser, Nicole Smith, Michael Tobin (4-0 )
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings of Municipal
Boards" which amends Massachusetts General Laws Chapter 39 , Section 23D Chairman Michael Tobin
certified in writing that he thoroughly examined all evidence received at the public hearing of 2/18/2020 , the
only previous testimonial hearing he did not attend . Examination of evidence included visiting the site ,
reviewing all evidence received and the video recording and/or transcript of the hearing , prior to the
proceeding hearing .
Continued Hearing - The Pond Family Trust proposes to vista prune for a view to Cape Cod Bay and
install native plant species , on and within 50 feet of Coastal Wetlands, on 16 Sunhouse Path , 50/37
(3/18 ) .
Summary of Applicant/Conservation Commission Testimony
Paul Wallace represented the Pond Family Trust .
Mr. Wallace again* expressed concern over many of the special conditions* of the Order of Conditions . At
this continued hearing , he primarily took exception to the need for annual reports from a Certified Arborist or
other professional , for the vista clearing he wished to do .
Chairman Tobin explained to Mr. Wallace that these special conditions are standard conditions which have
been issued for years to applicants who wish to achieve views to the bay , etc. ; with Mr. Kaser essentially
explaining that the conditions are in place to protect the resource areas .
Ms . Aguilar added that such conditions for minimal and natural pruning of woody plants help to insure the
viability of the plants , which in turn protect the Coastal Bank/Coastal Dune and protect Wildlife Habitat.
Following review of findings under the WPA and BWP By-law and special conditions under the BWP
By-law, Kaser moved , Evans 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,
Gary Kaser, Nicole Smith, Michael Tobin (4-0)
* Documents :
1 . Minutes , February 18 , 2020
2 . Minutes , February 4, 2020
Latham Center, Inc . , proposes to redevelop a property to include renovating and constructing
additions to existing buildings , reconstructing a parking area and creating stormwater drainage, and
other site improvements . The renovation is proposed to serve as an educational facility and office
space - within 100 feet of Inland Wetlands , on 1439 Main Street, 48/61 (24/1 )
Summary of Applicant Testimony
Jeff Kevan , TF Moran , Inc. , represented the applicant . He described the resource areas and project as
contained in the Notice of Intent , narrative , variance request and plan* .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan* .
The Conservation Administrator discussed the following with the applicant :
Brewster Conservation Commission Minutes March 10 , 2020 3
i
• All wetlands , including those across the street , shall be delineated using the MA 310 CMR 10 . 55
Delineation Forms from on-site studies ; not GIS mapping , to verify the wetland lines in relation to
the proposed project activities .
• Planting areas shall be detailed using precise square footage and proposed plant species . The
Conservation Commission requires 1 : 1 mitigation of woody plantings to mitigate for structures
proposed within the 100 foot buffer zone of wetlands .
Summary of Public Comments
The public had no comment;
Kaser/Smith continue the hearing to March 24 , to allow the applicant to submit all information reflecting the
concerns of the Conservation Administrator, and for the Conservation Administrator to draft findings and
special conditions for an Order of Conditions for the project , AU **.
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . TFM The Latham School Wetland Buffer Impact Plan 1 /30/20 , Coastal Engineering , Latham
Center. . . 1439 Main Street. . . Plan Showing Existing Site Conditions 4/21 /16 , GIS Wetland
Mapping , Narrative, Variance Request
Girl Scouts of Eastern Massachusetts proposes to re-nourish an existing inland recreational beach
with approximately 140 cubic yards of sand equivalent to a depth of approximately four inches (4" )
overall = on Inland Wetlands on 208 Crowells' Bog Road , 61 /14 (41 /55) .
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 . *
Summary of Applicant Testimony
John O' Reilly, PE , PLS , J . M . O' Reilly, represented the applicant . He described the resource areas and
project as contained in the Notice of Intent, narrative , variance request and plan* .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan* .
The Conservation Administrator discussed with the engineer that the seasonal dock must be stored outside
of resource areas and protective buffer zone when not in use .
Summary of Public Comments
The public had no comment;
Kaser/Evans continue the hearing to March 24 , to allow the engineer to show the seasonal dock stored
outside of jurisdictional areas , and for the Conservation Administrator to draft findings and special conditions
for an Order of Conditions for the project . AU**.
The Commission shall also await a response from the MA Natural Heritage and Endangered Species
Commission with respect to the project' s effect on rare plant and wildlife habitat and rare wetlands
wildlife .
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . J M O' Reilly Site Plan , . . . 208 CrowelIs ' Bog Road 2/12/20 , Patriots . . . Site Plan , Narrative,
Variance Request
Citizens' Forum
The public had no comment at this time .
Report of the Natural Resources Director
1 . Ellis Landing Use for Private Projects
Mr. Miller informed the Commissioners to be expecting the use of this landing in the coming weeks ,
for the purpose of approved Orders of Condition for sand nourishment , etc. , projects .
2 . Sheep Pond Landing — Unauthorized Uses
Mr. Miller explained that various private entities have been using the above town owned areas
under the care , custody and control of the Conservation Commission , for their own uses , including
storing motor vehicles , etc. He will be sending/continuing to send letters to nearby property owners
assumed to be responsible , informing them of these disallowed activities .
i
Brewster Conservation Commission Minutes March 10 , 2020 4
3 . Requests for Waivers of Nourishment
Mr. Miller informed the Commission that property owners issued recent Orders of Condition for the
purposes of installing fiber rolls to protect their homes located off Coastal Resource Areas , have
been requesting relief of the required annual sand nourishment for mitigation from the effects of the
projects . Some Coastal property owners have requested such permission multiple times . Below are
the conditions for which they are requiring such exemptions :
Required Mitigation
A26 . As ongoing mitigation for this project, annual beach nourishment shall be required . Annual
volume of beach nourishment shall be at least 6 cubic yards of clean sand per year upon
construction . Required beach nourishment shall be completed by April 15 , annually. Beach
Nourishment shall be performed in accordance with the conditions below.
A27 . As ongoing mitigation for this project, the coir envelopes shall remain covered with sand to
protect from photo-degradation . At no time shall the coir envelopes be uncovered for more than thirty
days . Beach Nourishment shall be performed in accordance with the conditions below.
The proponents shall apply beach nourishment over the coir envelopes uncovered by storm events in
a timely manner. Failure to do so is a violation of the Order of Conditions .
A28. Annual beach nourishment of 6 cubic yards per year shall be required for a minimum of three
years . Monitoring shall be conducted on a yearly basis to acquire data that will be interpreted to
understand the actual erosion rates . Subsequent to the 3`d year, the project proponent shall return to
the Brewster Conservation Commission to reassess their nourishment contribution . Data shall be
presented to the Commission to further justify the calculated erosion rate for that 3 year period .
Furthermore , this process shall repeat itself every 3 years , so the amount of sand being replenished
on the beach correlates to actual erosion processes .
The Commission discussed this topic, with some Commissioners recommending denial of all such
requests . The Commission concluded that the Conservation Administrator shall request Greg
Berman , Expert Coastal Scientist, Woods Hole Group , Cape Cod Cooperative Extension ,
determine his recommendation to the Conservation Commission in these cases .
Report of the Conservation Administrator
1 . Determination of Applicability , 26 Wampum LLC , 26 Wampum Drive, 78/110 ( 15/125 -13 ) , for
septic system upgrade, etc.
Ms . Aguiar informed the Commission that applicants for septic system upgrades have recently
been undertaking projects without submitting the required requests for Conservation staff site visits
beforehand ; the latest of which was the project listed above .
In this case , Ms . Aguiar contacted the project engineer, who submitted the required notification
form and confirmed that all work was done in accordance with the Determination of Applicability
issued by the Conservation Commission .
Brewster Board of Health officials have agreed to communicate better with the Conservation
Department in the future in cases where wetlands are or may be involved .
Request for Certificate of Compliance
1 . DeSimone , SE 9 -1316 , 262 Robbins Hill Road , 38/82, 83 (2/10 , 11 )
The Conservation Administrator recommended that the project complies conditionally with the
Order of Conditions , and to issue a Certificate of Compliance . Natural Resources Director Miller will
send an accompanying letter to the property owner, requesting removal of an exposed sand drift
fence which was allowed under Order of Conditions SE 9- 1316 , as follows : .
35 . If the fence becomes damaged during the three-year life of the permit, the applicant shall
repair, relocate or remove it from the beach, dune, or tidal flats . If the sand drift fence is
ultimately shown to present an environmental hazard either during or after the life of the
permit, the Commission shall have the authority to order it removed .
Kaser/Smith AU **
Requests for Administrative Review
1 . Quinn , 31 Roberts Road , 90/132 (9/96 -2) tree removal , pruning
As contained in her Administrative Report and accompanying photos , the Conservation
Administrator believed that a portion of the above referenced proposal meets parameters for an
activity under the Commission ' s Administrative Review process , and with the exception of the
Brewster Conservation Commission Minutes March 10 , 2020 5
requested removal of a native oak tree , approved the remainder of the project under Administrative
Review. Kaser/Smith ; Ratify as approved . AU **
2 . Jyoti Realty Trust, 3643 Main Street, 12616 ( 11 /32 ) tree limbing
As contained in her Administrative Report and accompanying photos , the Conservation
Administrator believed the above referenced project meets parameters for an activity under the
Commission' s Administrative Review process , and approved the project under Administrative
Review, Kaser/Smith ; Ratify . AU **
Review of Plan Change
1 . Champlin , Order of Conditions SE 9 -1741 , (vista pruning) - request as to whether a pergola
and maintaining an access path shall constitute a minor change to plan - on 106 Upland
Circle, 127/18 ( 1012048)
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 . Kaser/Smith AU **.
2 . De Marco, Order of Conditions Brewster 76 -2012, (vegetation management, regrading ,
fencing ) - request as to whether hand removal of invasive vines from approved plantings ,
substitution and addition of alternative native species including pitch pine, bayberry, and
inkberry shall constitute a minor change to plan - on 3750 Main Street, 126162 (29/10)
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 . Kaser/Smith AU **.
Review and Approval of Minutes
1 . February 18 , 2020
** Having reviewed the above referenced minutes , the Commission approved them as written .
Kaser/Smith 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 : 00 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 .
protection , Conservation Commissions were given the
As the municipal focal point for environmentalp g _
responsibility in 1972 for administering the Massachusetts Wetlands Protection Act (WPA) . 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 coastaUinland 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. ma. us
Brewster Conservation Commission Minutes March 10 , 2020 6 €