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 .
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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
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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
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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
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