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Home My Public Portal AboutConservation Commission -- 2020-06-23 Minutes Brewster Conservation Commission Minutes — Meeting Under Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act FUT E11,11 , i f 1t f) I; ,; t. t pi : Massachusetts General Law Chapter 131, Section 40, Wetlands Protection Act (WPA) , 310 CMR 10 .00 Regulations Massachusetts Department of Environmental Protection ( MA DEP ) ' 70 .j 1! Ll ( 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 , June 23 , 2020 meeting of the Brewster Conservation Commission at 6 : 15 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" Not 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 and/or audio* 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 htWo 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 : htta : //records . brewster-ma .aov/WebLink/0/fol/118271 /Row1 .asr)x Send comments on items from the Conservation Commission agenda to : conservation meetina (Mbrewster-mamov Mr. Tobin then explained the rules for remote meeting participation . i Public Hearings i Brewster Conservation Commission Minutes June 23 , 2020 1 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 (41119Seth Wilkinson, Seth and O'Reilly, Summary of Applicant Testimony John O' Reilly, PE , PLS , J . M . O' Reilly, Inc. , Seth Wilkinson , MALD , Wilkinson Ecological Design (WED), represented the applicant by remote participation , and commented briefly on the project. "John O' Reilly , Present" , "Seth Wilkinson, Present" Ms . Aguilar confirmed that Brewster Tree Warden , Patrick Ellis, visited the site with her and stated he believed that the beech trees in question are stressed due to the Pytophthora in the soil to the point of dying , and agreed the trees and the contaminated soil must be removed for the health of the wetland environment. He also noticed that both beech tree and tupelo saplings are growing in the 50 foot buffer zone. Ms . Aguiar and Chairman Tobin noted that during this hearing , the Commission received a letter from Beth Robinson*, hoping that the Commission does not allow the beech tree removal or structural expansion in the 100 foot buffer zone to wetlands . 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" *List of documents submitted for the Notice of Intent and discussed at this hearing : 1 . Ellis comments from Conservation Administrator Aguiar, June 11 , 2020 2. Letter, Beth A. Robinson, June 23, 2020 Vice Chairman Smith recused from the following hearing : David and Megan Abramowitz propose to construct a gravel driveway and plant native plantings within 100 feet of Inland Wetlands, on 88 Brier Lane, 48/62 (23/14-3) 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 " David Lyttle , Present" , "Andrew Garulay, Present" David Lyttle, PLS , Ryder and Wilcox, Inc. , and Andrew Garulay Landscape Architect, represented the applicants by remote participation . They described thoroughly, the resource areas, and proposed project, a gravel driveway to access amenities outside of wetland jurisdictional areas, as contained in the Notice of Intent, narrative and plans*. Mr. Garulay explained that he met on the site with Ms. Aguiar before tiling the Notice of intent. She requested he include many native plants on the mitigation plan , most particularly on the western side for protection of the wetlands which are close to the project area . Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan* . The Conservation Administrator believed the project to be in compliance with wetland laws and the proposed mitigation appropriate to the buffer zone to wetlands in number, placement and species type. Brewster Conservation Commission Minutes June 23 , 2020 2 In discussion with Chairman Tobin , Ms. Aguiar confirmed that if the proposed plantings do not survive and thrive in the three year monitoring period required of them , conditions will ensure that they be replaced with other native species compatible for their particular microenvironment . Summary of Public Comments The public had no comment. Evans/Kaser continue the hearing to Ju16 7 , 2020 , to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project. A**. " Bruce Evans, Aye" , " Gary Kaser, Aye", " Peter Wells , Aye " , " Michael Tobin , Aye" Vice Chairman Smith resumed remote participation in the meeting. "Steven Hayes, " Present" , Howard Hayes , " Present" Steven and Howard Hayes propose to conduct vista cutting and invasive species removal within Coastal Wetlands and within 60 feet of Coastal Wetlands, on 50 Robbins Road, 50/2 (3/14). Summary of Applicant Testimony Steve Hayes explained that the filing resulted from a letter from Conservation Administrator Aguilar, who discovered the prior cutting for a view. He then described the resource areas and project as contained in the Notice of Intent, narrative, variance request and submitted plan*. He believed the removal of invasive vegetation , including bittersweet , to be a primary issue in this case . Mr. Hayes stated that he retained the services of Phil Cheney, Landscape Architect, who will submit a plan of the past and proposed view cuttings to the Conservation Commission to serve as a corrected site plan . Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan*. Ms . Aguiar recommended that a Landscape Architect submit a landscape plan showing the proposed activity, as is required in vista pruning projects. Vice Chairman Smith and Commissioner Evens believed the unauthorized pruning to be excessive , and requested submittal of a site plan showing a few views from key areas only, as the Commission has approved historically. Chairman Tobin added that invasive plant removal alone may achieve their intended goal . The Commission discussed that vegetative removal of any kind , including invasive species removal , is disallowed by special conditions between May 1 and August 15, wildlife nesting season . Summary of Public Comments The public had no comment. Evans/Kaser continue the hearing to July 7, 2020, to await a site plan from a Landscape Architect, and for the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project. AU**. Evans/Kaser AU**. "Bruce Evans , Aye" , "Gary Kaser, Aye", " Nicole Smith, Aye" , "Peter Wells, Aye" , " Michael Tobin, Aye" * List of documents submitted for the Notice of Intent and discussed at this hearing ; 1 . Steven Hayes , Architect, Site Plan, Narrative , Variance Request, 5/5120 Enforcement Order Ratification , Romme, 582 Gull 's Way, 74/98 (34136) The property owners have not at this time responded to the enforcement action . The Commission discussed its authority to issue fines under the Wetlands Protection Act (WPA) , 310 CMR 10000 Regulations and the Brewster Wetlands Protection Bylaw ( BWP Bylaw) Wetland Regulations 1 .01 — 9 . 15, for noncompliance with this enforcement order. Evans/Kaser Ratify AU**. " Bruce Evans, Aye" , "Gary Kaser, Aye" , " Nicole Smith, Aye", " Peter Wells, Aye" , " Michael Tobin , Aye" Brewster Conservation Commission Minutes June 23 , 2020 3 Citizens' Forum The public had no comment at this time. Report of the Natural Resources Director Chris Miller 582 Gull 's Way, 74198 (34/36) In reference to this Enforcement Order, Mr. Miller explained that he met with the property owners, who stated they did receive the letters from the Natural Resources Department and the Conservation Commission . They explained that they are aware of the wetland violations and the violation regarding the nearby Town of Brewster property. Discussion occurred regarding the illegal dock and the fact that it does not meet the Commission's legal requirements , exceeding allowed length, etc. Report of the Conservation Administrator Noelle Aguiar Ms . Aguiar discussed a letter she received from a student , Sofia , regarding her desire to help the Town of Brewster remove plastic bottles and other debris from beaches . The Commission and Mr. Miller discussed the annual and other beach cleanup events . Mr. Miller stated that other citizens are diligent in cleaning Brewster's beaches as well . Mr. Miller added further that the Brewster Board of Health disallows smoking at its beaches , so debris from that activity is less a problem than at some beaches . Ms . Aguiar will draft a letter to Sofia for Chairman Tobin to sign , thanking her for her concern and desire to clean Brewster's beaches . Review and Approval of Minutes June 9, 2020 Evans/Kaser AU **. " Bruce Evans, Aye" , "Gary Kaser, Aye" , " Nicole Smith, Aye" , " Peter Wells, Aye" , "Michael Tobin , Aye" Any Topic not reasonably anticipated by the Conservation Commission Chairman No topics discussed . Evans/Kaser Adjourn AU**. " Bruce Evans , Aye", "Gary Kaser, Aye" , " Nicole Smith, Aye", " Peter Welts, Aye" , "Michael Tobin, Aye„ Adjourned at 7 : 04 **(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. capecodextenslon. org), list of native woody plants for coastaYinland wetland buffer zones depicting the species, size and natural spacing of plants 2. Massachusetts Department of Agricultural Resources. . .lnvasive Plants in Massachusetts1/1105 3. Administrative Report of the Conservation Administrator Brewster Conservation Commission Minutes June 23 , 2020 4 4. Meeting video recording, Town of Brewster Website htip://town. brewster. ma. us Brewster Conservation Commission Minutes June 23 , 2020 5