HomeMy Public PortalAboutConservation Commission -- 2020-04-07 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 r ,
( M . G . L . C . 131 . § 40)
And i
Code of the Town of Brewster Chapter 172 ,
Brewster Wetlands Protection Bylaw ( BWP Bylaw) F,. .
Wetland Regulations 1 . 01 — 9 . 15
Call to Order
Under the Massachusetts Open Meeting Law, Chairman Michael Tobin called to order the Tuesday,
April 7 , 2020 meeting of the Brewster Conservation Commission at 6 : 00 PM at the Brewster Town
Offices , 2198 Main Street, Brewster, MA.
Present
The Commission voted by roll call , as follows : Commissioner " Bruce Evans , Aye " ,
Commissioner " Gary Kaser, Aye" , Vice Chairman " Nicole Smith , Aye " , Chairman " Michael
Tobin , Aye" , Conservation Administrator " Noelle Aguiar, Aye " , Natural Resources Director
" Chris Miller, Aye " . Carol Spade , " Present"
Not Present
Commissioner Peter Wells
Others Present
David Michniewicz , " Present" , Benjamin Zehnder, " Present" , Jason Ellis , " Present" , Amy
Henderson , " 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 recorded .* Others intending to record are
required to inform the Chairman prior to the meeting .
Pursuant to Governor Baker' s March 12 , 2020 Order Suspending Certain Provisions of the
Open Meeting Law and his March 15 , 2020 Order imposing strict limits on the number of
people that may gather in one place , this meeting will be conducted via remote
participation to the greatest extent possible . Specific information and the general
guidelines for remote participation by members of the public and/or parties with a right
and/or requirement to attend this meeting may be found on the Town 's website at
www. brewster-ma . gov . For this meeting , members of the public who wish to listen to the
audio broadcast may do so via the Town of Brewster livestream at
http : // Iivestream . brewster-ma .gov or on Channel 18 . No in -person attendance of members
of the public will be permitted , but every effort will be made to ensure the public can
adequately access the proceedings in real time via technological means . The Town has ;
established specific email addresses for each board and committee that will be meeting
remotely so that residents can send their comments in writing either before or during the
meeting . In the event we are unable to live broadcast these meetings , despite best efforts ,
we will post on the Town website an audio recording , transcript, or other comprehensive
record of proceedings as soon as possible after the meeting .
Send comments on items from the Conservation Commission agenda to :
conservationmeetinq(a)brewster=ma . gov . "
Mr. Tobin then explained the rules for remote meeting participation .
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Public Hearings
Brewster Conservation Commission Minutes April 7 , 2020 1
Request for Determination
Continued Hearing - Shady Knoll Realty LLC requests determinations as to whether the area — buffer
zone to inland wetlands , and the work — installation of underground electrical and cable TV services
and appurtenances within and between the existing campsites , and restoration of the ground
surface after construction - is subject to the Wetlands Protection Act and jurisdiction of the BWP
Bylaw. Property is on 1709 Main Street, 56/9 (24/16) .
Summary of Applicant/Staff/Conservation Commission Testimony
Natural Resources Director Miller stated that he is representing the Conservation Commission staff with
regard to this application . The project, within 100 and 50 feet of resource area protected under the Wetlands
Protection Act and Brewster Wetlands Protection By-law, occurred "after the fact . " , or after the work
commenced and was completed , approximately one year ago . He specified that during an electrical
inspection of the project , it was discovered that no wetland permit had been obtained .
Mr. Miller stated that he visited the site the previous week , and as shown in photos taken on that day* , the
area has been restored*.
Mr. Miller recommended the Commission act on these activities through the mechanism of enforcement
under the Wetlands Protection Act and Brewster Wetlands Protection By-law .
Mr. Miller added further that the Brewster Conservation Trust, a direct abutter to the north , is contesting the
applicant over legal issues which may also affect interests under the Wetlands Protection Act and the
Brewster Wetlands Protection Bylaw.
David Michniewicz , PE , Coastal Engineering Company , representative for the applicant , and Attorney
Benjamin Zehnder, counsel for the applicant , attended remotely .
Mr. Zehnder requested on behalf of the applicant , withdrawal without prejudice of the Request for
Determination of Applicability .
Summary of Public Comments
Amy Henderson , Executive Director, Brewster Conservation Trust, attended and had no comment .
Chairman Tobin directed the Commission to vote on the request to withdraw the Request for Determination
of Applicability . The Commission voted as follows : " Evans "/" Kaser" , " I move to approve withdrawal of
the Request for Determination of Applicability without prejudice . " " Bruce Evans, Aye " , "Gary Kaser,
Aye" , " Nicole Smith , Aye" , " Michael Tobin , Aye " .
* List of documents submitted for the Request for Determination and discussed at this hearing :
1 . Coastal Engineering Co . Site Plan , Shady Knoll . . . Plan Showing Electrical and Cable
TV. . . at Existing Campsites , 3/4/20, Photos April , 2020
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 ) .
Following review of findings under the WPA and BWP By- law and special conditions under the BWP By-law,
Bruce Evans moved , Nicole 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, Michael Tobin (3 -0)
" Evans "/" Smith "
Bruce Evans , "Aye " , " Nicole Smith , Aye" , " Michael Tobin , Aye"
Continued Hearing - Laura Clements proposes to upgrade a failed septic system within a 200 foot
Riverfront, on 128 Seaview Road , 139/7 ( 11 /21 -14) .
Summary of Conservation Commission/Applicant Comments
Mr. Kaser requested that the septic system be pumped annually for as long as possible under wetland laws .
Jason Ellis , PLS , J . C Ellis , Inc. , attended the meeting remotely , as representative for the applicant. He had
no concerns with the final Special Conditions .
Brewster Conservation Commission Minutes April 7 , 2020 2 i
Following review of findings under the WPA and BWP By-law and special conditions under the BWP By-law,
Bruce Evans moved , Gary Kaser seconded the motion to close the hearing , approve the project. . . with
findings and special conditions as amended at this hearing , and issue an Order of Conditions. The
Conservation Commission unanimously approved the motion . " Evans "/" Kaser" , Eligible voters:
Bruce Evans, Gary Kaser, Nicole Smith, Michael Tobin (4-0) Bruce Evans , "Aye" , "Gary Kaser, Aye" ,
" Nicole Smith , Aye" , " Michael Tobin , Aye"
Continued Hearing - Patricia and James Law propose to upgrade existing cesspools to a septic
system located within 100 feet of a Coastal Bank and Salt Marsh , and pump , fill and abandon said
cesspools within 50 feet of a Coastal Bank and Saltmarsh , on 60 Cedar Hill Road , 38/33 (2/66 ) .
Following review of findings under the WPA and BWP By -law and special conditions under the BWP
By-law, Bruce Evans moved , Gary Kaser 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 . " Evans "/" Kaser" Eligible voters:
Bruce Evans, Gary�, Kaser, Nicole Smith, Michael Tobin (4-0)
Bruce Evans , "Aye" , Gary Kaser, Aye" Aye" , «, Nicole Smith , Michael Tobin , ye
Report of the Natural Resources Director
The Natural Resources Director had no report at this time .
Report of the Conservation Administrator
* 162 Owl Pond Road
The Conservation Administrator received a report of a seasonal dock* which was installed in the
water before docks are allowed under Special Conditions** of the By-law. Upon reaching the
property owner by telephone, she was informed the dock installer believed the dock could not be
removed during this time due to the coronavirus pandemic as it would be unsafe to do so .
** Docks
All seasonal components shall be stored and secured at an approved site . The seasonal
dock shall be removed before November 30 of each year, and shall not be reinstalled until
after May 15 .
All agreed to allow the dock to remain in the water before May 15 in this case only .
" Bruce Evans , Aye" , " Gary Kaser, Aye " , " Nicole Smith , Aye" , " Michael Tobin , Aye"
Review of Plan Change
William J . Hanney Order of Conditions SE 9 -1817 , request as to whether installation of residential
gas service line shall constitute a minor change to plan - on 29 Captain Dunbar Road , 91 /37 (7/12) .
The Conservation Commission agreed the above plan change shall be considered minor, and
approved . The plan shall be designated by the Conservation Administrator as the approved plan of
record . Evans/Kaser AU **.
Bruce Evans , "Aye " , " Gary Kaser, Aye" , " Nicole Smith , Aye " , " Michael Tobin , Aye
William J . Hanney Order of Conditions SE 9 -1818 , request as to whether installation of residential
gas service line shall constitute a minor change to plan - on 35 Captain Dunbar Road , 91 /39 (7/13) .
The Conservation Commission agreed the above plan change shall be considered minor, and
approved . The plan shall be designated by the Conservation Administrator as the approved plan of
record . Evans/Kaser AU** .
Bruce Evans , "Aye" , " Gary Kaser, Aye" , " Nicole Smith , Aye" , " Michael Tobin , Aye
Ari and Jo Ann Daskalakis Order of Conditions SE 9 -1752 , request as to whether the removal of a
dead pine tree shall constitute a minor change to plan — on 660 Crowell ' s Bog Road , 72/30 (41 /10-12) .
The Conservation Commission agreed the above plan change shall be considered minor, and
approved . The plan shall be designated by the Conservation Administrator as the approved plan of
record . Evans/Kaser AU **.
" Bruce Evans , Aye" , " Gary Kaser, Aye" , " Nicole Smith , Aye" , " Michael Tobin , Aye "
Any Topic not reasonably anticipated by the Conservation Commission
Towns recently received authorization from the Governor Charles Baker, allowing Conservation
Commissions to delay holding public hearings 45 days after legal cessation of the Coronavirus pandemic.
The Barnstable Registry of Deeds does not accept digitally signed Orders of Condition or other permits
which must be recorded at the Registry of Deeds or Land Court . Possible solutions to this problem include
Brewster Conservation Commission Minutes April 7 , 2020 3 r
allowing the CA to sign the forms as representative of the Commissioners , or allowing each Commissioner
to sign the forms at a later date by appointment , at the Natural Resources Office .
6 : 30 Adjourned
" Bruce Evans , Aye " , "Gary Kaser, Aye" , " Nicole Smith , Aye " , " Michael Tobin , Aye"
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 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 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 recording, Town of Brewster Website http!/town. brewster. ma. us
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