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Home My Public Portal AboutConservation Commission -- 2020-01-07 Minutes ly 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) 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 , ? , 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 Not Present 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 . " Under MA General Laws Chapter 40, Section 8C, etc. Acceptance by Conservation Commission Vote of the Conservation Commission , pursuant to the provisions of G . L. c. 40, §8C , to accept the care, custody, control and management of the property described in a deed recorded with the Barnstable Registry of Deeds in Book 32540, Page 80 , said property, located on the westerly side of Slough Road , Brewster, for conservation , watershed protection and/or passive recreation purposes under the provisions of G . L. c. 40, §§ 8C , 39B, and 41 and Article 97 of the Massachusetts Constitution , Evans/Wells AU** Under M .G . L . C . 131 . §40 And BWP By-law Public Hearings (Continued Hearing ) Marjorie P. Kroger and John Austin propose to construct an asphalt driveway and retaining wall within 100 feet of an inland resource area . Property is on 0 Paine 's Creek Road , 36122 (33125-7) . The Conservation Commission continued the December 17 , 2019 hearing to allow the Conservation Administrator to amend the draft special conditions to reflect the discussion at that time , and for a response from the MA Historic Commission , etc. The applicant received notice* that after review of the . . . materials submitted , it has been determined that the project is unlikely to affect . . . historic or archaeological resources . The applicant further received notice from the Natural Heritage and Endangered Species Program regarding the revised plan dated 12/16/19 , that the revision does not change any of the requirements of the project for protection of endangered species . Having reviewed findings under the WPA and BWP By-law and special conditions under the BWP By-law, Wells moved , Evans seconded the motion to close the hearing , approve the project. . . with findings and special conditions as amended , 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 ) I Brewster Conservation Commission Minutes January 7 , 2020 1 * List of documents submitted for the Notice of Intent and discussed at this hearing : 1 . Appendix A Project Notification Form 0 Paine's Creek . . . Mass Historic Commission response 12/23/19 Jonathan K Patton Archaeologist/MHC 2 . January 3 , 2020 letter from Everose Schluter, PhD, Assistant Director, MA Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program ( NHESP) : Construction of single family home and associated appurtenances NHESP File 19=39019 (Continued Hearing) Dan and Judy Stevens propose activities including tree removal to allow sunlight penetration for solar panels, vista management and mitigation with native plantings , walkway construction and drainage for roof runoff, within 100 feet of inland resource areas . Property is on 203 Leland Road , 3315 (36/119) . The Conservation Commission continued the December 17 , 2019 hearing , to allow time for the applicant to revise the plan as discussed , and for the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project. Emma Vautour, Blue Flax Design , LLC , represented the applicant. She described the expanded area of native plants shown on the revised plan* as mitigation for the tree removal , submitted for this hearing . Having reviewed findings under the WPA and BWP By-law and special conditions under the BWP By-law, Wells moved , Evans seconded the motion to close the hearing , approve the project. . . with findings and special conditions as amended*, and issue an Order of Conditions . The Conservation Commission approved the motion . Eligible voters: Bruce Evans, Peter Wells, Michael Tobin. Nicole Smith abstained (3A ). * List of documents submitted for the Notice of Intent and discussed at this hearing : 1 . Blue Flax. . . Landscape Planting Plan , rev 12/20/19 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 ( 19161 ). 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 Robin Wilcox, Sweetser Engineering , represented the applicant. He described the resource areas and project as contained in the Notice of Intent, narrative , variance request, Delineation Field Data Forms and plan*. He explained that the existing septic system which served this newly abandoned dwelling is located within 50 feet of wetlands , and is proposed to be pumped to eliminate any contaminated debris , and filled with clean sand . This activity and realignment of an existing drive south of the dwelling require a variance from the BWP By-law. Also proposed is the rebuilding of a deck which has fallen to disrepair, grading around the house to eliminate the need for the existing pump in the dwelling ' s underground cellar, and French drains. The proposed septic system , to serve the now four bedroom dwelling , is to be located outside of the 50 foot buffer zone to wetlands, as far as possible from wetlands on and near the parcel . Mr. Wilcox described the site as containing poor (hydric) soils , (extensive glacial lake deposits) and high and/or perched groundwater.ndwater. Mr. Wilcox added that the roads in the area were aptly named "Spring Lane" , "Swamp Road" , and " Lower Road" due to these conditions . Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan* . Ms . Aguiar and Mr. Wilcox discussed the extensive high groundwater on the site and whether it might become necessary for a dewatering technique/plan . Ms . Aguiar requested he delineate in the field , the work limits for a second site visit , as they were not marked previously, and that no work occur landward of the work limit and siltation barriers for the septic upgrade . This would necessitate setting siltation barriers around all of the work area . In answer to Vice Chairman Smith , Mr. Wilcox explained that all of the remodeling will be inside the structure . Brewster Conservation Commission Minutes January 7 , 2020 2 Ms . Aguiar suggested the Commission require a list of the native plants proposed in all of the disturbed areas and areas in front of the dwelling , for protection of wetland interests . Summary of Public Comments The public had no comment. Smith/Evans continue the hearing to January 21 , to allow for all of the requested activities 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 . Proposed Septic Design Plan , Glenn Knapik, 121 Spring Lane, 12/14/19 , Narrative, Variance Request 2. 310 CMR 10 . 55 Delineation Field Data Forms 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 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 John O' Reilly, J M O' Reilly. . . represented the applicant. He described the resource areas — Bordering Vegetated Wetland (bordering a River) , Riverfront , Land Subject to Coastal Storm Flowage - and the project as contained in the Notice of Intent, narrative , variance request, Delineation Field Data Forms and plan*. The property is in and/or completely surrounded by resource areas. Mr. O' Reilly explained that the property owners desired their dwelling to be as far from the stream/river resource area as possible and in an area of the highest elevation possible ; thus, they chose the relocation option rather than to reconstruct the dwelling in place . The new, two bedroom dwelling is proposed on a crawl space foundation as opposed to a full basement. The owners propose no expansion of the original dwelling , but request small patios on the north and south sides and a small shed type structure on cinder block foundation , to replace the existing shed . The existing dwelling is served by a cesspool , although the exact cesspool location is unknown . It is assumed to be in groundwater, as groundwater is 18 inches below ground surfaces in all areas of the lot. Due to this high groundwater, the proposed septic system consists of a septic tank with a treatment unit for nitrogen , a 1500 gallon pump chamber and a raised leaching bed which will necessitate construction of a concrete wall approximately three feet above the ground level . Mitigation measures (blueberry shrubs) were based on shrubs species chosen from the Cape Cod Cooperative Extension Service (www. cacecodextension . ora) list of acceptable plantings for fresh water buffer zones ; depicting the species , size and natural spacing of plants appropriate for this environment. Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan . Discussion centered on groundwater issues , etc. , and the proposed patios , which consist of grass for drainage , and widely separated stone paving . Summary of Public Comments The public had no comment. Smith/Wells continue the hearing to January 21 , 2020 , to allow 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 . . . Site and Sewage Disposal Plan , 235 Brier Lane, 12/18/19 Narrative, Variance Request 2. 310 CMR 10 . 55 Delineation Field Data Forms Citizens' Forum The public had no comment at this time . Brewster Conservation Commission Minutes January 7 , 2020 3 Report of the Natural Resources Director NR The NR had no report at this time . Report of the Conservation Administrator CA The CA had no report at this time . Requests for Extensions to Order of Conditions 1 . Rice, SE 9 =1610, 67 Carver Road , 50/43 (3/20) Expires 1128/20 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/Wells AU** . 2. De Marco 72=2012 3750 Main Street, 126/62 (29/10), Expires 2/16120 Following the recommendation of the Conservation Administrator, the Commission approved the above referenced request for an extension under the BWP Bylaw, for three years . Wells/Evans AU**, 3 . Sears Point Condominium Association , SE 9 -1517 , 177 Sears Point Drive, 5713 (411 ) Expires 3122/20 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 . Evans/Wells AU **. Review and Approval of Minutes 1 . December 17 , 2019 ** 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 Document signatures Any Topics not reasonably anticipated by the Conservation Commission Chairman No topics discussed . Adjourned at approximately 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 V1105 3. Administrative Report of the Conservation Administrator 4. Meeting video recording, Town of Brewster Website http://town. brewster. me. us i Brewster Conservation Commission Minutes January 7 , 2020 4