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Home My Public Portal AboutConservation Commission -- 2020-04-21 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 E,RPJ TEF01jf1l i Massachusetts Department of Environmental Protection ( MA DEP ) e LERK ( M . G . L . C . 131 . § 40 ) 1 ?0 aTU' j%j1 F1 : 1. 711.1 And Code of the Town of Brewster Chapter 172 , Brewster Wetlands Protection Bylaw ( BWP Bylaw) Wetland Regulations 1 . 01 — 9 . 15 MA General Law 131 , §40, Wetlands Protection Act Massachusetts Department of Environmental Protection ( M , G . L . C . 131 . §40 ) , And Code of the Town of Brewster Chapter 172 , Brewster Wetlands Protection By -law ( BWP By -law) Call to Order Under the Massachusetts Open Meeting Law, Chairman Michael Tobin called to order the Tuesday, April 21 , 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, Peter Wells , Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Carol Spade Commissioner " Bruce Evans , Aye" , Commissioner " Gary Kaser, Aye" , Vice Chairman " Nicole Smith , Aye " , Commissioner " Peter Wells , Aye " , Chairman " Michael Tobin , Aye " , Conservation Administrator " Noelle Aguiar, Aye " , Natural Resources Director " Chris Miller, Aye " . Carol Spade , " 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 audio and/or video* 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 ://livestream . 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 . The Public Meetina Packet for the hearinas is available for download at: http : //records . brewster- ma . aov/WebLink/O/fol / 118271 / Row1 . aspx Send comments on items from the Conservation Commission aqenda to ; conservationmeeti nq (aD,brewster-ma . aov The Public Meetina Packet for the hearinas is available for download at : http : //records . brewsterm, ma . aov/WebLink/0/fol /118271 /Row1 . aspx Brewster Conservation Commission Minutes April 21 , 2020 1 Send comments on items from the Conservation Commission acienda to : conservationmeetina cD. brewster-ma . aov Public Hearings Under M . G . L. C . 131 . §40 And BWP By-law Public Hearings Commissioner Evans was recused from the following hearing , "Michael Medeiros , Ocean Edge Resort and Golf Club, Present" . Request for Determinations of Applicability Ocean Edge Resort requests determinations as to whether the area — buffer zone to inland wetlands , and the work -- renovation of existing tennis courts - is subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 195 Villages Drive , 89/1 (27/39 -5 ) . Summary of Applicant Testimony Michael Medeiros , Ocean Edge Resort, 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 Ms . Aguiar explained that the project is allowable under applicable laws , with special conditions which she will include in the Determination of Applicability , if approved . Summary of Public Comments The public had no comment. " Nicole Smith , I move , " Peter Wells I second the motion to close the public hearing and issue Negative 3 and 6 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 approved the motion . "Gary Kaser, Aye " , " Nicole Smith , Aye " , " Peter Wells, Aye " "Michael Tobin , Aye " . * List of documents submitted for the Request for Determination and discussed at this hearing 1 . Site Plan , J . M . O' Reilly . . . Ocean Edge Blueberry Pond Site Pian : Area 2 , 3/14/2014 J . M . O' Reilly , . . Ocean Edge Blueberry Pond Sketch Plan . . . Buffer Zones 4/ 15/13 Mr. Evans resumed remote participation of the meeting . Notice of Intent Continued Hearing " Thomas and Susan Meyer propose to demolish an existing deck and access stairs and construct an expanded deck, add new access stairs , an outdoor shower and walkway within 50 feet of an Inland Bank, and expand an existing driveway within 100 feet of an Inland Bank on 361 Slough Road , 11 /50 ( 38/102) . The project proponent submitted a written request to continue the above referenced hearing to May 12 , 2020 . " I , Peter Wells , move , " " I , Bruce Evans , second the motion to continue the hearing to May 12 , 2020 . " " Bruce Evans , Aye " , "Gary Kaser, Aye " , " Nicole Smith , Aye" , " Peter Wells , Aye" " Michael Tobin , Aye" . Brewster Conservation Commission Minutes April 21 , 2020 2 Report of the Natural Resources Director Mr. Miller explained that in consideration of the Covid19 pandemic, Natural Resources staff set signs in all areas under the care , custody and control of the Conservation Commission and Select Board , requesting that visitors respect others in keeping at least six feet apart at all times . Report of the Conservation Administrator The Conservation Administrator had no report at this time . Review of Plan Change Cobbs Pond Condominium , Order of Conditions SE 94 $ 20 for vista cutting , etc . - request as to whether changes in vegetation management shall constitute a minor change to plan - on Wauquanesit Drive, 57/5 ( 17/1 ) "Catrine Higgins , Wilkinson Ecological Design (WED) , Present. " Steve , LeBranch , WED , Present. " Catrine Higgins explained the proposal which , she stated , includes removal of invasive plants , replacement with native plants , and vista expansion . She stated that the project simulates the project approved by the Commission in 2019 , adding that the proposal also includes an amended plan* Ms . Aguiar stated that she recommends approving the removal of invasive species and replacement with native plants as a minor change , but not the extension of vista pruning . The Regulations of the MA Wetland Protection Act define vista pruning as , "The selective thinning of tree branches or understory shrubs to establish a specific it to improve visibility. " This proposal is outside of the approved vista area ; moreover, there is no dwelling unit within the extent of the now proposed pruning , with a specific window(s) where vegetation presently blocks owners' views of the bay, Ms . Higgins and Mr. LeBranch again emphasized that the expansion of vista is consistent with the plan that was already approved , Mr. Kaser agreed with Ms . Aguiar, adding that the vegetation should be allowed to grow naturally . Mr. Wells stated that he will vote to allow the invasive plant removal and replacement with native plants within the previously permitted area , but disapproves the vista expansion , Mr. Tobin , Mr. Evans and Ms . Smith agreed with the Conservation Administrator, Mr. Kaser and Mr. Wells , "Gary Kaser"/" Peter Wells " The Conservation Commission agreed the above plan change shall be considered minor, and , with the exception of the vista pruning expansion , approved the proposal as a minor change , A newly submitted plan , to be amended to exclude the vista expansion , shall be designated by the Conservation Administrator as the approved plan of record . " Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith , Aye " , " Peter Wells , Aye " " Michael Tobin , Aye" . Document Discussed : *WED Restoration Plan . . .Wauquanesit Drive, rev 4/2/20 Review and Approval of Minutes 1 . March 10, 2020 2 . March 24, 2020 3 . April 7, 2020 Kaser/Evans approve the minutes of March 10 , March 24 and April 7 . ** Having reviewed the minutes of March 10 , March 24 and April 7 , the Commission approved them as written . A**. " Bruce Evans, Aye " , "Gary Kaser, Aye " , " Nicole Smith , Aye " , " Michael Tobin , Aye " . " Peter Wells, Abstain " Any Topics not reasonably anticipated by the Conservation Commission Chairman No topics discussed . Adjourned at 6 : 30 PM . Carol Spade Brewster Conservation Commission Minutes April 21 , 2020 3 " Bruce Evans , Aye " , "Gary Kaser, Aye " , " Nicole Smith , Aye" , " Peter Wells , Aye " " Michael Tobin , Aye" . **(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: 9. 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 video recording, Town of Brewster Website http./ltown. brewsterma. us Brewster Conservation Commission Minutes April 21 , 2020 4