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Home My Public Portal AboutConservation Commission -- 2020-02-18 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 )* ( M . G . L . C . 131 . § 40 ) , 1 � 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, vice Chairman Nicole Smith called to order the Tuesday , February 18 , 2020 meeting of the Brewster Conservation Commission at 6 : 00 PM at the Brewster Town Offices , 2198 Main Street , Brewster, MA , Present Vice Chairman Nicole Smith , Commissioners Bruce Evans , Gary Kaser, Peter Wells , Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller Not Present Chairman Michael Tobin , Carol Spade Vice Chairman Smith 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 M . G . L . C . 131 . §40 And BWP By-law Public Hearings Request for Determinations of Applicability Erin and Thomas Champlin request determinations as to whether the area — buffer zone to coastal wetlands , and the work — removal of an existing wooden deck and construction of a new covered screen porch within the footprint of said deck - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 106 Upland Circle , 127/18 (20/2048 ) . Requests for Determinations of Applicability Summary of Applicant Testimony Professional engineer John O ' Reilly , J M O ' Reilly , represented the applicant. He described the resource areas and project as contained in the Request for Determination and plan * . Summary of Staff/Conservation Commission Comments Discussion centered primarily on certain elements of the plan , which Mr. O ' Reilly clarified for the Conservation Administrator and Commission . Summary of Public Comments The public had no comment. Evans moved , Wells 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 Brewster Conservation Commission Minutes February 18 , 2020 1 1 . J M O ' Reilly , & Associates , Inc . 106 Upland Circle Proposed Site Plan for New Porch , 1127120 Notices of Intent 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 Commissioner Nicole Smith certified in writing that she thoroughly examined all evidence received at the public hearing of 2/4/2020 , the only previous testimonial hearing she 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 ) . The Conservation Commission continued the February 4 hearing 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 . Summary of Applicant/Conservation Commission Testimony Paul Wallace represented the Pond Family Trust . Mr. Wallace expressed concern over many of the special conditions* of the Order of Conditions ; primarily that he wished to do the work himself in lieu of the Commission ' s mandate that a licensed arborist approved by and working in conjunction with the Brewster Conservation Commission (shall) conduct all pruning under the guidance of the Conservation Agent/Consultant (Special Condition A19) . Mr. Wallace discussed all of his concerns with the Commission at length . The Conservation Administrator stated that she reviewed the Special Conditions for the project with Mr. Wallace in advance of the meeting , particularly his desire to do the pruning himself. She explained to him that to avoid (further) violations of state and local wetland laws ( MA DEP ) and ( BWP Bylaw)* ; for the health of the plants in these regulated areas to protect against erosion , flooding , and for protection of wildlife habitat, etc. , it is important that the pruning be done by professionals . The Commission discussed several versions of draft special conditions with Mr. Wallace based on this request. Mr. Wallace' s other concerns included the mandate for expert consultant monitoring of the project and why the Commission and not the applicant should chose the hired consultant , the consultant advisory fees and other special conditions required by law for vista pruning projects . Natural Resources Director Chris Miller explained to Mr. Wallace the responsibilities for expert opinions , when needed , in vista pruning Notices of Intent filings for those wishing to prune for views . Summary of Public Comments The public had no comment . Wells/Evans continue the hearing to March 10 , 2020 , for the Conservation Administrator to re-draft special conditions for an Order of Conditions for the project . AU ** . * List of documents discussed at this hearing . Special Conditions , SE 9 -1846 , Pond Family Trust. . . 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 Commissioner Nicole Smith certified in writing that she thoroughly examined all evidence received at the public hearing of 2/4/2020 , the only previous testimonial hearing she 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 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 , 50/36 (3/15) . The Conservation Commission continued the February 4 hearing 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. F Brewster Conservation Commission Minutes February 18 , 2020 2 Following review of findings under the WPA and BWP By- law and special conditions under the BWP By-law , Evans moved , 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 . Eligible voters: Bruce Evans, Gary Kaser, Nicole Smith, Peter Wells (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 , Commissioner Nicole Smith certified in writing that she thoroughly examined all evidence received at the public hearing of 2/4/2020 , the only previous testimonial hearing she 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 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 Conservation Commission continued the February 4 hearing 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 . Following review of findings under the WPA and BWP By- law and special conditions under the BWP By- law, Evans moved , Wells 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, Peter Wells (4-0 ) 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 to plant indigenous species - on 237 Crocker Lane , 69/2 ( 5/205 ) . Notices of Intent 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 Professional engineer John O ' Reilly , J M O' Reilly , represented the applicant. He clearly described the resource areas and project as contained in the Notice of Intent , narrative , variance request and plan* . Mr. O ' Reilly acknowledged that this filing came about following a letter from the Conservation Administrator as to unauthorized vegetation alteration and is intended to authorize that unpermitted alteration . Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan * . Discussion centered on the Conservation Administrator' s request to revise the site plan to clarify plant heights within the area labeled , " existing juniper and to define the vista corridor. Summary of Public Comments The public had no comment. Wells/Kaser continue the hearing to March 10 , to allow the applicant to revise the sight plan as discussed 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 . J M O' Reilly . . . Restoration Site Plan , 237 Crocker Lane , 1 /27/20 Narrative , Variance Request 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 ). Brewster Conservation Commission Minutes February 18 , 2020 3 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 Professional engineer John O ' Reilly , J M O' Reilly , represented the applicant . He clearly 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* Summary of Public Comments The public had no comment. Evans/ Kaser continue the hearing to March 10 , to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project . The Conservation Commission will also await a response from the MA Division of Fisheries and Wildlife , MA Natural Heritage and Endangered Species Program as to the project' s occurrence in and potential effect on . , . endangered species . AU ** . * List of documents submitted for the Notice of Intent and discussed at this hearing : 1 . J M O' Reilly, Proposed Site Plan — Dock , 401 Hamilton Cartway , 1 /28/20 , Narrative , Variance Request 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 that she and newly appointed Commissioner Gary Kaser will be attending the MA Association of Conservation Commissions Annual Meeting on Saturday , February 29 , which is an all-day event consisting of a series of workshops , etc , Any other Commissioners wishing to attend have until this coming Thursday to register. Violation/Enforcement Order Ratification 1 . 183 Brier Lane , 4819 ( 19/34) clearing within 100 and 50 feet of inland wetlands Evans/Wells Ratify **AU . Request for Extension to Order of Conditions 1 . Thorne, SE 9 -1693 , 958 Satucket Road , 35/49 (36/23) expires March 15 , 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 . Wells/Kaser AU** . Request for Certificate of Compliance 1 . DeSimone , SE 9 -1316 , 262 Robbins Hill Road , 38/82 (2/10 ) The Commission took no action on this request. Requests for Administrative Review 1 . Eversource : 2020 Roadside Clearing 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 under the BWP By- law , and approved the project under Administrative Review, Evans/ Kaser; Ratify, AU ** Review and Approval of Minutes 1 . February 4, 2020 ** Having reviewed the above referenced minutes , the Commission approved them as written . Evans/Wells AU** . f Brewster Conservation Commission Minutes February 18 , 2020 4 Any Topics not reasonably anticipated by the Conservation Commission Chairman No topics discussed . Document Signatures Adjourned at 7 : 10 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 Massachusetts Wetlands Protection Act (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 coastatlinland wetland buffer zones depicting the species, size and natural spacing of plants 2. Massachusetts Department of Agricultural Resources . . .invasive Plants in Massachusetts111lo5 3. Administrative Report of the Conservation Administrator 4. Meeting video recording, Town of Brewster Website http.//town, brewster. ma. us Brewster Conservation Commission Minutes February 18 , 2020 5