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Home My Public Portal AboutConservation Commission -- 2020-02-04 Minutes Brewster Conservation Commission Minutes - Meeting Under Massachusetts Genera! Law Chapter 40, Section 8C, Conservation Commission Act Massachusetts Genera/ Law Chapter 139, Section 40, Wetlands Protection Act (WPA) , 310 CMR 10 .04 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 , February 4 , 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 , Commissioners Bruce Evans , Peter Wells , Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller Not Present Vice Chairman Nicole Smith , Senior Department Assistant Carol Spade 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 . " At this time , Chairman Tobin introduced newly appointed Conservation Commissioner, Gary Kaser to the Conservation Commission , The Brewster Select Board appointed Mr, Kaser to the board the previous evening , February 3 . The Conservation Commission welcomed Mr. Kaser, Public Hearings Notices of Intent 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) . 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 Philip Cheney , Landscape Designer , and Paul Wallace , represented the applicant . Mr. Cheney described the Coastal 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 requested Mr . Cheney mark the vista corridors in the field for clear identification . Discussion centered on the native black cherry trees which are growing in an unnatural , unproductive shape with little biomass . The Commission and applicant pp concluded n luded that they shall be flush cut to grow more naturally as shrubs . Summary of Public Comments The public had no comment . Brewster Conservation Commission Minutes February 4 , 2020 1 Wells/Evans continue the hearing to February 18 , to allow the applicant to mark the vista corridors in the field 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 . Site Plan , Pond Family Trust 16 Sunhouse Path , 1 /14/20 Narrative, Variance Request Kevin Franck proposes to vista prune for a view to Cape Cod Bay and install native plant species within 50 feet of Coastal Wetlands , on 17 Sunhouse Path , 50136 (3/15 ) , 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 Philip Cheney, Landscape Designer, 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 requested Mr. Cheney mark the vista corridors in the field for clear identification . Ms . Aguiar suggested the applicant remove some of the invasive bittersweet and honeysuckle by hand applied (non -spraying technique) herbicide treatment , and replace them with native woody plants . Mr. Cheney responded that his clients do not wish to do that at this time . Summary of Public Comments The public had no comment. Wells/Evans continue the hearing to February 18 , to allow the applicant to mark the vista corridors in the field 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 . Site Plan, Vista Pruning Plan the Franck Residence 17 Sunhouse Path, 12/19/19 Narrative, Variance Request Charles Baringer proposes to vista prune for a view to Cape Cod Bay and install native plant species within 50 feet of Coastal Wetlands , on 1 Carver Road , 50/33 (3/16) . 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 Philip Cheney , Landscape Designer, 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 requested Mr. Cheney mark the vista corridors in the field for clear identification . Evans/Wells continue the hearing to February 18 , to allow the applicant to mark the vista corridors in the field 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 . Site Plan , Vista Pruning Plan the Baringer Residence 1 Carver Road , 12/19119 Narrative, Variance Request Brewster Conservation Commission Minutes February 4 , 2020 2 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 on the following violation : Fredrick and Maureen Ryan , 197 Brier Lane , 48/19 ( 19/34) - Cutting and clearing vegetation within 50 and 100 feet of inland wetlands without a permit, in violation of the MA Wetlands Protection Act (WPA) , and (M . G . L . C , 131 . § 40) and Brewster Wetlands Protection Bylaw ( BWP Bylaw) Wetland Regulations Ms . Aguiar explained that this violation originated on May 15 of 2019 , when she discovered the clearing while driving by the property , notifying the property owners of the violation , explaining the after-the-fact Notice of Intent filing requirement determined by the Commission on May 28 , 2019* . This was followed by numerous correspondences following the incidents . She stated that given the lack of compliance , at this time , she believed formal enforcement is required . The Conservation Commission affirmed that such action is necessary at this time , and to confirm a date for a Show Cause Hearing as soon as possible . *List of documents discussed : 1 . Conservation Commission Minutes , May 28 , 2019 Report of the Conservation Administrator CA The CA reported as follows , with Commission Decision** (**= CD) : 183 Brier Lane , 4819 ( 19/34) cutting within 100 feet of Inland wetland **CD Property owners shall file an "after-the-fact" Notice of Intent Request for Extension to Order of Conditions 1 . Champlin , SE 9 -1741 , 106 Upland Circle , 127/18 ( 10/20 -48 ) Expires 5/23/20 The Conservation Administrator noted the following upon visiting the site . This exceeded the conditions of the Order of Conditions : Clearing for a nature trail through the resource area , and installation of a pergola . Ms . Aguiar stated that the extension must be conditional on filing a minor change request for the activity, and for permanently marking of the area by some means , to ensure the trail not be extended in length or width . 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 , with the required language captioned above . Evans/Wells AU ** , Requests for Administrative Review 1 . Belanger, 45 Sheep Pond Circle , 73/75 (41 /138 ) , 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 , with the proviso that the existing lighting be removed from the pond edge . Evans/Wells ; ratify , AU ** 2 . Anson , 0 Chapman Lane , 90/164 (30/1002-5) removal , two trees 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. Wells/ Evans ; ratify . AU ** Review of Plan Change Corcoran Order of Conditions SE 9 -1835 , vista pruning , invasive species removal , planting native species - request as to whether removing invasive species by herbicide , and changes to native plant species , shall constitute a minor change to plan - Ocean Edge Drive, 90/160 ( 14/1 -22) Brewster Conservation Commission Minutes February 4 , 2020 3 F Tomas Monaghan attended as representative for the applicant . He stated he believed the number of native plant species proposed as an addition to the herbicide treatment for removal of invasive plant species may be beyond what is necessary . Ms . Aguiar responded that the arborist anticipated that the number may be needed over the three-year period of maintenance and growth , given circumstances such as lack of plant survival , and plants necessary for erosion control and wildlife habitat . 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 . Wells/Evans AU **. Review and Approval of Minutes 1 . January 21 , 2020 ** Having reviewed the above referenced minutes , the Commission approved them as written . Wells/Evans AU **. Any Topics not reasonably anticipated by the Conservation Commission Chairman No topics discussed . Adjourned at 6 : 30 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 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 I I j i E i Brewster Conservation Commission Minutes February 4 , 2020 4