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HomeMy Public PortalAboutConservation Commission -- 2020-08-18 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 Under the Massachusetts Open Meeting Law, Chairman Michael Tobin called to order the Tuesday, August 18 , 2020 meeting of the Brewster Conservation Commission at 6 : 30 PM at the Brewster Town Offices , 2198 Main Street , Brewster, MA , Present Chairman Michael Tobin , Commissioners Bruce Evans, Gary Kaser, Greg Scalise , Peter Wells , Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Carol Spade "Bruce Evans , Present" , " Gary Kaser, Present" , " Greg Scalise , Present" , " Peter Wells , Present" , " Michael Tobin , Present" , " Noelle Agular, Present" , " Chris Miller, Present" , " Carol Spade , Present" Not Present Vice Chairman Nicole Smith 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 htto :l/livestream . brewsterwma . 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 . The Public Meeting Packet for the hearings is available for download at : htta »//records . brewster-ma . aov/WebLink/0/fol/118271 /Row1 . asox Send comments on items from the Conservation Commission agenda to . conservation meetlnci . brewster-ma , aov" Mr. Tobin then explained the rules for remote meeting participation . Brewster Conservation Commission Minutes August 18 , 2020 1 Under M . G . L . C . 131 . §40 And BWP By-law Public Hearings 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 , 11 /50 (38/102) 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 . " David Clark, Present" , "Teresa Sprague , Present" Summary of Applicant Testimony David Clark, PE , Clark Engineering LLX and Teresa Sprague , MALD , Blue Flax Design , represented the applicant. Mr. Clark described the resource areas and project as thoroughly contained in the Notice of Intent , narrative , variance request and plan* . Teresa Sprague described the proposed mitigation for the project in detail . She believed the mitigation will protect the buffer zone and resource areas by deterring pedestrian traffic around the expanded deck and in other parts of the 50 foot buffer zone to wetlands . It will also control erosion and prevent contaminated drainage into the ground and groundwater. Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan *. Conservation Administrator Aguiar in reviewing the history of the site , stated that in the original permit for a single family dwelling (under the State Wetlands Protection Act* Order of Conditions SE 9- 161 ) , the Conservation Commission disallowed the first submitted plan * showing the dwelling directly at the top of an inland slope , and required that it be moved further from the slope and further from wetlands . At that time , the applicant submitted a revised plan * showing the dwelling moved landward and the Commission approved an Order of Conditions for the dwelling . The Order of Conditions required an undisturbed buffer zone toward the wetland by means of replanting the area at the top of the slope with native vegetation . In Ms . Aguiar' s opinion , proposing native planting that was required mitigation for the original ( 1982) Order of Conditions does not constitute mitigation for a deck expansion requested at this time . Furthermore , proposing native planting in other areas of the 50 foot buffer zone in which subsequent illegal vegetation removal occurred and a lawn planted , does not constitute mitigation for approval for a deck expansion for this Order of Conditions . She referenced similar deck and patio requests where expansions in the 50 foot buffer zone were not allowed under the BWP By- law. She suggested alternatives to the present design such as expanding the deck over the existing permitted stair structure , reconstructing the deck outside of 50 feet to wetlands or rebuilding the deck with no expansion . Commissioner Evans believed that the applicant has proposed ample native mitigation for an expanded deck , as depicted on the submitted plan * . In answer to a question from Mr. Evans regarding tree removal , Ms . Sprague stated the project proposes to remove six trees for safety purposes , to be replaced with native trees . Chairman Tobin requested the applicant explain why the Conservation Commission , which did not allow a structure this close to the slope in 1982 for previous property owners , should allow its expansion at this time . Commissioner Wells suggested the applicant extend the proposed native plant mitigation closer to the existing deck as opposed to expanding the deck forward , as a way of deterring foot traffic around the building . Brewster Conservation Commission Minutes August 18 , 2020 2 Ms . Aguiar cited the reasons variances are allowed under the Brewster Wetlands Protection By-law including : The Conservation Commission finds no reasonable alternative for such a project within the proposed site ; and there will be no adverse impact from the proposed project. Ms . Aguiar stated that variance approvals include projects such as stairways and walkways to the water , which serve to prevent pedestrian related erosion . Chairman Tobin , acknowledging that he had not yet visited the site , stated he would not vote to allow the deck expansion in the 50 foot buffer zone as presented . Mr. Evans believed the proposed vegetation mitigation for the project is sufficient for granting the requested deck expansion . Commissioners Wells , Kaser and Scalise stated they are not in favor of the deck expansion Into the protective 50 foot wetland buffer zone to wetlands . Mr. Clark stated he welcomes the opportunity to speak with his clients about other designs for their deck . Summary of Public Comments The public submitted no comments that were read at this hearing . Wells/Kaser Continue the hearing to September 8 for the Conservation Administrator to draft Special Conditions for the project under the BWP By-law and for any Commissioners to visit the site . AU Bruce Evans, Gary Kaser, Greg Scalise, Peter Wells, Michael Tobin *List of documents submitted for the Notice of Intent and discussed at this hearing : 1 . Clark Engineering LLC . . . Outermost Land Survey, Inc . , Site Plan , 361 Slough Road , 2/25/20, Blue Flax Design , Planting Plan 361 Slough Road , 2/27/20, Narrative , Variance Request 2 . Coastal Engineering Pian, Mr. John Bowman Lot 102 off Slough Road , 10/18/82, revised 11123/82 Citizens' Forum The public had no comment at this time . Report of the Natural Resources Director Mr. Miller stated that he has been discussing with Administration a possible change to the remote meetings that will allow members of the public to attend and comment remotely . In particular, this will allow the public to participate in discussions on deer hunting in the Punkhorn Parklands , Mr. Miller anticipates that these discussions will occur soon . Report of the Conservation Administrator Ms . Aguiar reported that all or most citizens issued letters on illegal docks and other unauthorized activities appear to be responding positively at this time . The Conservation Commission has the authority to issue enforcement action under the Massachusetts Wetlands Protection Act M. G. L, c. 131, § 40 and the Brewster Wetlands Protection Bylaw, Chapter 172 under the Code of the Town of Brewster. These laws require the filing of an application for a Permit for any person to remove, fill, dredge, alter or build upon or within 100 feet of any wetland including a lake, pond, river, stream, estuary or the ocean. Without a permit, such activity is in violation of said laws. Request for Extension to Order of Conditions 1 . Daskalakis SE 9 =1752 , 660 Crowell 's Bog Road , 72130 (41 /10 -12) 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 . Kaser/Wells AU **. " Bruce Evans , Aye " , "Gary Kaser, Aye" , "Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye" Ms . Aguiar informed the Conservation Commission that Section 17 of the State Emergency Acts provides that any permit issued by a municipality and in effect as of March 10 , 2020 does not expire during the state of emergency . Requests for Certificates of Compliance i i Brewster Conservation Commission Minutes August 18 , 2020 3 1 . Ferguson , SE 9-1014, 186 Old Bog Road, 126/49 ( 11 /22w8) 2 . HaidaslTso ; SE 9 -1800, 560 Crowell 's Bog Road , 72/34 (4119-4) The Conservation Administrator recommended that the projects comply with the respective Orders of Condition , and to issue Certificates of Compliance . KaserMells AU** " Bruce Evans , Aye " , "Gary Kaser, Aye " , "Greg Scalise, Aye, " " Peter Wells , Aye " , " Michael Tobin , Aye " 3 . Olson , SE 9 -13171 251 Cranview Road , 20/21 (51 /18 -5) The Commission did not act on the request at this time . Request for Administrative Review I . Crane , 27 Landing Drive, 82161 (48/3) tree removal The Commission did not act on the request at this time . Review of Plan Change 1 . Pond Family Trust Order of Conditions SE 9 -1846 , request as to whether planting changes to vista pruning/planting shall constitute a minor change to plan - on 16 Sunhouse Path , 50/37 (3/18) The Conservation Commission agreed the above plan change shall be considered minor, and approved . This newly submitted plan shall be designated by the Conservation Administrator as the approved plan of record . Evans/Kaser AU **. " Bruce Evans , Aye " , "Gary Kaser, Aye " , "Greg Scalise , Aye , " " Peter Wells , Aye" , " Michael Tobin , Aye" Review and Approval of Minutes 1 . August 4, 2020 ** Having reviewed the above referenced minutes , the Commission approved them as written . Evans/Kaser AU** . " Bruce Evans , Aye " , "Gary Kaser, Aye " , " Greg Scalise , Aye, " " Peter Wells , Aye " , " Michael Tobin , Aye " Any Topic not reasonably anticipated by the Conservation Commission Chairman No topics discussed . Adjourn Kaser/Evans " Bruce Evans , Aye" , "Gary Kaser, Aye " , " Greg Scalise , Aye, " " Peter Wells , Aye " , " Michael Tobin , Aye " Adjourned at 7 : 45 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 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 . Brewster Wetland Protection By-law, Adopted, December 10, 1984, Regulations Promulgated May 27, 1986 i Brewster Conservation Commission Minutes August 18 , 2020 4 2. 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 3. Massachusetts Department of Agricultural Resources . . . lnvasive Plants in Massachusetts 111105 4. Administrative Report of the Conservation Administrator 5. Meeting video recording, Town of Brewster Website http,//town. brewster. ma. us I i Brewster Conservation Commission Minutes August 18 , 2020 5