HomeMy Public PortalAboutConservation Commission -- 2020-06-09 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)
And
Code of the Town of Brewster Chapter 172 ,
Brewster Wetlands Protection Bylaw ( BWP Bylaw)
Wetland Regulations 1 . 01 — 9 . 15
Call to Order � I`+ ; 1Er"r li+':'r; r":1 + ;f.
Under the Massachusetts Open Meeting Law, Chairman Michael Tobin called to order the Tuesday, June 9 ,
2020 meeting of the Brewster Conservation Commission at 4 : 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
" Bruce Evans , Present" , " Gary Kaser, Present" , " Nicole Smith , Present" , " Peter Wells ,
Present" , " Michael Tobin , Present" , " Noelle Aguiar, Present" , " Chris Miller, Present" ,
" 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 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 .qov . 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
httD ://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 Meeting Packet for the hearings is available for download at:
httDm//records . Brewster-ma .aov/WebLink/0/fol/118271 /Row1 . asDx
Send comments on items from the Conservation Commission agenda to :
conservationmeetinq (a Brewster-ma . gov "
Mr. Tobin then explained the rules for remote meeting participation .
Conservation Commission vote of support for Massachusetts Office of Energy and Environmental
Affairs Brewster Climate Change Education and Preparedness Campaign MVP Action Grant
Proposal
Brewster Conservation Commission Minutes June 9 , 2020 1
Evans/Kaser AU**. " Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith , Aye " , " Peter Wells,
Aye" , "Michael Tobin , Aye"
Under MA General Laws Chapter 40, Section 8C
Former Graham Conservation Restriction , 0 Stony Brook Road , 35118 (22/66) — Request for
Conservation Commission Approval and Signatures
Evans/Kaser AU**. " Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Wells,
Aye" , " Michael Tobin, Aye"
Land Grant Program McGuerty Road Aquifer Protection Project, 10.41 Acres — Request for
Conservation Commission Approval and Signatures
Evans/Kaser AU **. " Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Wells,
Aye" , " Michael Tobin , Aye"
Under M . G . L. C . 131 . §40 And BWP By-law
Public Hearings
Notices of Intent
Continued - John and Cori Chandler propose to demolish , and to reconstruct a dwelling further from
resource areas, restore an existing lawn to native plantings and propose other natural amenities
within 50 and 100 feet of Inland Wetlands , on 218 W. H . Besse Cartway, 83/63 (41 /19 )
The Conservation Commission continued the May 26 , 2020 hearing to allow public/abutter comment,
and for the applicant to revise the plan to reduce the size of the accessory structure.
Summary of Applicant Testimony
John O' Reilly, PE , PLS , J . M . O' Reilly, Inc. , Seth Wilkinson , MALD , Wilkinson Ecological Design (WED) , and
Craig Schneeberger, Certified Arborist, Bartlett Tree Experts , represented the applicant .
Mr. O' Reilly referenced a letter* he submitted dated May 29 , 2020 , responding to the May 26 , 2020 public
hearing . He stated it explains the existing and proposed conditions of the parcel , adding that the applicant is
not making any changes to the proposal other than agreeing to plant three additional native trees to
compensate for the beech tree removal .
Through the course of discussion and in response to abutter comment , Mr. O' Reilly stated that the
Conservation Commission has historically ruled that applicants not place or expand structures within 50 feet
of wetlands , reminding the Conservation Commission that the existing cottage is in the 50 foot buffer zone
and proposes a rebuilt structure outside of 50 feet to wetlands .
The project proposes 7200 square feet of diverse species mitigation which a mixture of trees , shrubs and
herbaceous vegetation which planted together, serve to protect against stormwater runoff, protect wildlife
habitat and control erosion .
Mr. O' Reilly reintroduced Mr. Wilkinson and Mr. Schneeberger, to explain specifics regarding the vegetation
plan .
"Seth Wilkinson, Present" Mr. Wilkinson stated that WED submitted information subsequent to the last public
hearing , which specifies the replacement trees . In total are two serviceberry (Amelanchiercanadensis) of which
he has seen reach heights of 29 feet, witch hazel (Hamamelis v/rg/n/an/a) which also can reach that height, and
nine arrowwood ( Vibumum dentatum). All are defined as trees or very large shrubs .
The exact locations of the three additional trees in the 100 foot buffer zone have not been established because
the property owners have not been able to travel to Cape Cod given current circumstances. They hope the
Commission believes their presence on the site to help determine the location , is reasonable .
In responding to letters from abutters , Mr. Wilkinson stated that as contained in the MA DEP Stormwater
Handbook* for buffer zones to wetlands, a combination of diverse specie native trees, shrubs , grasses
and forbs contain dense, porous, fibrous roots which direct stormwater downward into the ground and
treat stormwater runoff into wetlands , including ponds, more effectively than trees alone. He added that
even the water from clouds has elevated nutrients which adversely affect the environment, given climate
change.
Brewster Conservation Commission Minutes June 9 , 2020 2
"Craig Schneeberger, Present"
Mr. Schneeberger stated that he identified the beach tree stress (also discussed on May 26*) , immediately
when visiting the site.
He identified diseased ieaf stems on the beech trees which were growing close to the pond in an area of land
subject to flooding. He repeated that the Pytophthora water mold is in the soil permanently, and only its removal
will solve the problem of this fungus which is adversely affecting the beech trees, the other vegetation and the
wetlands surrounding the pond.
He noticed also that fill was added to the soil to create the existing parking area, which was built so close (within
50 feet of) to the resource areas. The fill was added next to the trees and packed high around them , which
added stress to the beech trees.
Through the course of discussion , Mr. Schneeberger repeated it was his recommendation to the property
owners to remove the stressed beech trees and contaminated soil located within 50 feet of the pond .
Summary of Staff/Conservation Commission Comments
Discussion included questions on stormwater management, invasive species location and beech tree removal.
Mr. Wilkinson expanded on invasive plant species located on the site . He stated that the species include Asiatic
bittersweet and vine honeysuckle located near the pond, in addition to the beech trees , as the species with the
greatest potential to impact future woodland health , as contained in the submitted management plan* and
restoration plan*.
As to expansion of the structure, the Commission consensually agreed that as has been the case historically, the
Conservation Commission shall focused on the impact of any structural expansion within 50 feet of wetlands, the
variance criteria, as the central area of concern .
Ms. Aguiar stated that removing the beach trees and the contaminated soil is , in her opinion, a very effective
measure to preserve the wetland environment at this site. Vice Chairman Smith stated that she agrees with Ms.
Aguiar.
The Commission concluded that Patrick Ellis , Town of Brewster Tree Warden, will meet with Ms . Aguiar on the
site for the beech tree examination in the coming week, and submit a subsequent written opinion on the beech
trees located within 50 feet of Long Pond on the subject property.
Ms. Aguiar read abutter letters/concerns. The letters included a resource area delineation dispute , concern over
the beech tree removal and expansion of the structure within the 100 foot buffer zone. Letters and/or photos*
were from persons, as follows:
1 . Ken Robinson
2. Cheryl Strough
3. Beth Robinson
4. Chet Robinson
5. Susan Rocanello
Evans/Kaser continue the hearing to June 23 , at 6 : 15, to allow the Conservation Administrator to
draft findings and special conditions for an Order of Conditions for the project. Draft conditions
shall include an option to consider or not consider conditions pertaining to the beech tree and
Pytophthora soil contamination in the 50 foot buffer zone to wetlands. AU ** "Bruce Evans, Aye",
"Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Welts , Aye " , " Michael Tobin , Aye"
*List of documents submitted for the Notice of Intent and discussed at this hearings
1 . J M O' Reilly, Letter, May 29, 2020
2. MA DEP Handbook of Stormwater
3. Wilkinson Ecological Design Management Plan, 218 W H Besse Cartway, 5/6/20
4. Wilkinson Ecological Design Restoration Plan, Chandler, 218 W H Besse Cartway 5/5/20
5. Conservation Commission Minutes , May 26, 2020
6. Letters :
• Ken Robinson
• Cheryl Strough
• Beth Robinson
• Chet Robinson
• Susan Rocanello
Brewster Conservation Commission Minutes June 9 , 2020 3
Under Massachusetts General Law Chapter 40, Section 8C, Conservation Commission
Act
Slough Pond Conservation Restriction - Conservation Commission vote of its intent and approval to
hold a permanent conservation restriction on Slough Pond parcel of land in Brewster. This property
is under agreement for acquisition by the Brewster Conservation Trust ( BCT) .
Evans/Kaser AU** . " Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Wells,
Aye" , " Michael Tobin , Aye"
Under M .G . L. C . 131 . §40 And BWP By-law Public Hearings
Notices of Intent (Continued )
Continued - Maureen Ryan proposes to plant native plantings within 50 feet of Inland Wetlands , on 183
Brier Lane, 48119 (19/34)
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, Michael Tobin (5-0)
" Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Wells, Aye" , " Michael
Tobin , Aye"
Continued - 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 , 11150 (38/102)
The project proponent submitted a written request to continue the above referenced hearing to July 7 , 2020 .
Evans/Kaser Continue to July 7, 2020 . AU** " Bruce Evans , Aye" , " Gary Kaser, Aye" , " Nicole
Smith , Aye" , " Peter Wells, Aye " , " Michael Tobin , Aye"
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)
Violation , Wetlands Protection Act (WPA), 310 CMR 10 .00 and Brewster Wetlands Protection Bylaw
(BWP Bylaw) 582 Gull 's Way, 74198 (34/36)
The Conservation Administrator reported on a wooden dock installed in the waters of Sheep' s Pond , for
which no wetland permit was obtained .
She issued a notification letter to the property owners in December of 2019 , explaining this requirement, and
Natural Resources Director Miller spoke to them as well .
Additionally, the dock requires a license under Chapter 91 of MA General Laws which allows the public to
navigate around the structure . The Conservation Commission has no proof of that license .
Furthermore, the dock was not constructed in accordance with regulations of the BWP By-law, Part IX.
Docks and Piers
• 9 . 01 9 . 04 Seasonal Docks : The Commission requires docks be seasonal and temporary in nature
unless an overriding rationale can be made for a permanent structure on a case by case basis .
• The distance between the decking shall be a minimum of 3/8 inch , to allow sunlight to penetrate
underneath . 9.09 Building materials : Aluminum is the preferred construction material due to its light
weight and non-leaching characteristics .
The Conservation Administrator shall issue an Enforcement Order to the property owners , requiring
removal of the dock within 30 days .
Review of Plan Changes
Brewster Conservation Commission Minutes June 9 , 2020 4
1 . Bruno Order of Conditions SE 94840 - request as to whether the addition of forty-eight square
feet to a permitted patio in the 50 foot buffer zone to Coastal Wetlands shall constitute a minor
change to plan - on 279 Crocker Lane, 69/6 (5/201 )
John O' Reilly, J M O' Reilly , represented the applicant .
Evans/Kaser AU** " Bruce Evans , Aye" , "Gary Kaser, Aye " , " Nicole Smith , Aye" , " Peter
Wells , Aye" , " Michael Tobin , Aye"
Mr Evans was recused from the following two requests .
2. Ocean Edge Resort LTD Partnership; SE 94701 — request as to whether picnic tables on the
beach, each with several chairs , and other changes in light of the Covid 19 pandemic — shall
constitute a minor change to plan — on 2907 Main Street, 90/160 (14/149)
"Tom Devane, Present" Mr. Tom Devane , representing Ocean Edge Resort, attended remotely.
Kaser/Wells Approved . "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Wells, Aye" , " Michael
Tobin, Aye"
3. Ocean Edge Resort & Golf Club, Blueberry Pond ; Determination of Applicability - request as to
whether paving of existing walkways, etc. , shall constitute a minor change to plan - on 195
Villages Drive, 89/1 -3362 (39-5) Kaser/Wells Approved. "Gary Kaser, Aye" , " Nicole Smith,
Aye" , "Peter Wells, Aye" , "Michael Tobin , Aye"
Mr. Evans resumed remote participation in the meeting .
Request for Certificate of Compliance
1 . SE 9-543, 313 Nelson Street, 91 /5 (7/7)
Wells/Evans
" Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter Wells , Aye" , " Michael
Tobin , Aye"
Request for Administrative Review
1 . Strauss , 114 Canoe Pond Drive, 24/59 (36/229) tree removal
Evans/Kaser AU **. " Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter
Wells , Aye" , " Michael Tobin , Aye"
Review and Approval of Minutes
1 . April 21 , 2020
2 . May 26 , 2020
Evans/Kaser AU **. " Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith , Aye" , " Peter
Wells , Aye" , " Michael Tobin , Aye"
Report of the Conservation Administrator (CA) (continued )
The Conservation Commission discussed a letter from Brandon , a student at Chatham Elementary
School , who was concerned over the water quality in the ponds in Brewster and asked if creating a new
pond to contain contaminants would be a good solution .
Conservation Administrator Noelle Aguiar will send a letter to Brandon , thanking him for his
well-written letter and his interest in protecting Brewster' s many ponds , and stating that the
Town of Brewster addresses the water quality in ponds through such groups as the Water
Quality Review Committee . The committee consists of some state experts on pond
environments and others , including Brewster Conservation Commissioner Bruce Evans and
Town of Brewster staff including Natural Resources Director Chris Miller.
Additionally is the other Natural Resources staff who remove noxious vegetation from ponds ,
and the Conservation Commission , which protects wetlands including the land under ponds .
The letter will explain that other resources for protecting Brewster' s pond environments can be
found on the Town of Brewster Website on page one , in an area entitled "Water Planning" .
Clicking on the icon there leads to a page explaining the groundwater and ponds have been
researched by scientists at the firm , Horsley and Witten since 2009 and that study of the ponds
is ongoing . Town of Brewster Website http://town. brewster. me, us
Evans/Kaser Adjourn AU** . " Bruce Evans , Aye" , "Gary Kaser, Aye" , " Nicole Smith, Aye" , " Peter
Wells , Aye" , " Michael Tobin , Aye"
Brewster Conservation Commission Minutes June 9 , 2020 5
Adjourned at 5 :40 PM .
Carol Spade
**(Commissioner) Moved , (Commissioner) Seconded . Denied = D Approved = A Approved
Unanimously = AUG
*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 coastaUnland wetland buffer zones depicting the
species, size and natural spacing of plants
Z Massachusetts Department of Agricultural Resources . . . lnvasive 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 June 9 , 2020 6