HomeMy Public PortalAboutConservation Commission -- 2020-03-24 Minutes Brewster Conservation Commission Minutes — Meeting Under
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act = ' i=ll '� ►i N ili,th}
Massachusetts General Law Chapter 131 , Section 40,
Wetlands Protection Act (WPA) , 310 CMR 10 . 00 Regulations
Massachusetts Department of Environmental Protection ( MA DEP ) ' 210 11LIit 16
( 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,
March 24, 2020 meeting of the Brewster Conservation Commission at 6 : 00 PM , remotely , from 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 " Stephanie Sequin , Present" , "Jason Ellis , 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 .aov . 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 . aov 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 :
conservation meetincia.brewster-ma . aov . "
Mr. Tobin then explained the rules for remote meeting participation .
Brewster Conservation Commission Minutes March 24 , 2020 1
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 . "
Public Hearings
Vice Chairman Nicole Smith was recused from the following hearing .
Requests for Determinations of Applicability
Robert and Mary Mauterstock request determinations as to whether the area — buffer zone to inland
wetlands , and the work — construction of a deck and raised planting beds , is subject to the Wetlands
Protection Act and jurisdiction of the BWP Bylaw. Property is on 727 Slough Road , 19/18 (51 /11 -3) .
Summary of Applicant Testimony
Stephanie Sequin , PE , Ryder and Wilcox , Inc . , represented the applicant remotely. She described the
resource areas and project as contained in the Request for Determination and plan *.
Summary of Staff/Conservation Commission Comments
Summary of Public Comments
The public had no comment.
Gary Kaser moved , Bruce Evans 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 approved the motion . The Commission voted by roll call , as
follows : " Bruce Evans , Aye" , "Gary Kaser, Aye" , " Michael Tobin , Aye"
* List of documents submitted for the Request for Determination and discussed at this hearing
1 . Ryder and Wilcox Site Plan , 727 Slough Road , 2/10/20 , Ryder and Wilcox Planting Plan
727 Slough Road , 3/9/20
Vice Chairman Nicole Smith resumed remote participation in the meeting .
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 ) .
The project proponent submitted a written request to continue the above referenced hearing to April 7 , 2020 .
Gary Kaser moved , Bruce Evans seconded the motion to continue the hearing to April 7 , 2020.
The Conservation Commission approved the motion . The Commission voted by roll call , as follows :
"Bruce Evans, Aye " , "Gary Kaser, Aye " , " Nicole Smith , Aye " " Michael Tobin , Aye "
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 ) .
Brewster Conservation Commission Minutes March 24 , 2020 2
The project proponent submitted a written request to continue the above referenced hearing to April 7 , 2020 .
Gary Kaser moved , Bruce Evans seconded the motion to continue the hearing to April 7 , 2020 .
The Conservation Commission approved the motion . The Commission voted by roll call , as follows :
" Bruce Evans , Aye" , " Gary Kaser, Aye " , " Nicole Smith , Aye " " Michael Tobin , Aye "
Continued Hearing - Latham Center, Inc . , proposes to redevelop a property to include renovating
and constructing additions to existing buildings , reconstructing a parking area and creating
stormwater drainage , and other site improvements . The renovation is proposed to serve as an
educational facility and office space - within 100 feet of Inland Wetlands , on 1439 Main Street, 48/61
( 24/1 ) .
Following review of findings under the WPA and BWP By -law and special conditions under the BWP
By-law, Kaser moved , Evans 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, Michael Tobin (4-0)
The Conservation Commission approved the motion . The Commission voted by roll call , as follows .
" Bruce Evans , Aye" , " Gary Kaser, Aye " , " Nicole Smith , Aye " " Michael Tobin , Aye"
Continued Hearing - Girl Scouts of Eastern Massachusetts proposes to re -nourish an existing inland
recreational beach with approximately 140 cubic yards of sand equivalent to a depth of
approximately four inches (4" ) overall - on Inland Wetlands on 208 Crowells ' Bog Road , 61 /14 (41155) .
Following review of findings under the WPA and BWP By- law and special conditions under the BWP
By-law, Kaser moved , Evans 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, Michael Tobin (4-0)
" Bruce Evans , Aye " , " Gary Kaser, Aye " , " Nicole Smith , Aye " " Michael Tobin , Aye "
Laura Clements proposes to upgrade a failed septic system within a 200 foot Riverfront, on 128
Seaview Road , 139/7 ( 11 /21 -14)
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
Jason Ellis , RS , J C Ellis Design , Inc. , represented the applicant . He described the resource area and
project as contained in the Notice of Intent , narrative and plan* .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area boundary accuracy as shown on the site plan* .
Summary of Public Comments
The public had no comment;
Because the septic system has failed extensively, the Conservation Commission voted to allow the
upgrade via emergency permit, before the Commission issues an Order of Conditions . Kaser/Evans
" Bruce Evans , Aye" , " Gary Kaser, Aye" , " Nicole Smith , Aye " " Michael Tobin , Aye "
Kaser/Evans continue the hearing to April 7 to allow the Conservation Administrator to draft findings and
special conditions for an Order of Conditions for the project .
" Bruce Evans , Aye " , " Gary Kaser, Aye " , " Nicole Smith , Aye" " Michael Tobin , Aye"
* List of documents submitted for the Notice of Intent and discussed at this hearing .
1 . JC Ellis Design Septic Upgrade Plan 128 Seaview Road , revised 3/3/20 Narrative
2. 310 CMR 10 . 55 Delineation Field Data Forms
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 )
Brewster Conservation Commission Minutes March 24 , 2020 3
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
Jason Ellis , RS , JC Ellis Designs ' Inc. , 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 * .
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.
Kaser/Evans continue the hearing to April 7 , 2020 , to allow the Conservation Administrator to draft findings
and special conditions for an Order of Conditions for the project. AU ** .
" Bruce Evans , Aye " , " Gary Kaser, Aye" , " Nicole Smith , Aye " " Michael Tobin , Aye "
* List of documents submitted for the Notice of Intent and discussed at this hearing :
3. JC Ellis . . . Site Plan , 60 Cedar Hill Road 2/4/20 Narrative , Variance Request
4 . 310 CMR 10 . 55 Delineation Field Data Forms
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 April 21 ,
2020 .
Gary Kaser moved , Bruce Evans seconded the motion to continue the hearing to April 21 , 2020 .
The Conservation Commission approved the motion . The Commission voted by roll call , as follows :
" Bruce Evans , Aye " , "Gary Kaser, Aye" , " Nicole Smith , Aye " , " Michael Tobin , Aye "
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 Administrative Review
1 . Sunnerberg , 75 Sheep Pond Circle , 73/13 (41 / 110 ) , tree removal
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, Kaser/Evans Ratify . AU **
" Bruce Evans , Aye " , "Gary Kaser, Aye " , " Nicole Smith , Aye " , " Michael Tobin , Aye "
Review of Plan Change
1 . Brewster Conservation Trust Order of Conditions SE 9 =1767 , ( installation of
culvert) request as to whether in -kind replacement of the existing culvert shall
constitute a minor change to plan = on 222 Slough Road , 11 /19 (38/16 ) .
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 . Kaser/ Evans AU ** .
" Bruce Evans , Aye " , "Gary Kaser, Aye " , " Nicole Smith , Aye" , " Michael Tobin , Aye "
Any Topics not reasonably anticipated by the Conservation Commission Chairman
No topics discussed .
Adjourned at 6 : 30 PM .
Brewster Conservation Commission Minutes March 24 , 2020 4
i
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 video recording, Town of Brewster Website http://town. brewster. ma. us
Brewster Conservation Commission Minutes March 24 , 2020 5