HomeMy Public PortalAboutConservation Commission -- 2020-09-08 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 ,
September 8 , 2020 meeting of the Brewster Conservation Commission at 6 : 00 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 Aguiar, 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 audio and/or 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 . 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
http : //Iivestream . 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 l
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 :
http : //records . brewster- ma .govtWebLink/0/fol/118271 /Row1 . aspx j
Send comments on items from the Conservation Commission agenda to :
conservation meetinq (a).brewster-ma . Slov"
Mr. Tobin then explained the rules for remote meeting participation .
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Under M . G . L . C . 131 . §40 And BWP By- law
Public Hearings
Requests for Determinations of Applicability
James and Nancy Gould request determinations as to whether the area — 50 foot buffer zone to
inland wetlands , and the work — expansion of a deck three feet into the protective 50 foot buffer
zone , are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on
42 Featherbed Lane , 11 /46 (38/94) .
The hearing applicant requested to withdraw this application without prejudice .
Charles and Nancy Baringer request determinations as to whether the area — buffer zone to coastal
wetlands , and the work — upgrade of a septic system and related distribution box, are subject to the
Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 1 Carver Road , 50/33
(3/15) .
"Jason Ellis , Present"
Summary of Applicant Testimony
Jason Ellis , JC Ellis Design , represented the applicant by remote participation . He described the resource
areas and project as contained in the Request for Determination and plan* . Mr. Ellis explained that the
existing septic tank and its distribution box are deteriorating and in need of replacement; they are located
underneath a paved driveway . The pavement is proposed to be removed and remnants taken off site . After
the new septic system components are installed , the driveway will be replaced with pervious material .
Summary of Staff/Conservation Commission Comments
Conservation Administrator Aguilar recommended the Conservation Commission issue Negative
Determinations with conditions to include a prior site visit with the Conservation Administrator on the site ,
setting erosion control barriers and prior photos of the project area .
Summary of Public Comments
The public had no written comment .
Evans moved , Kaser 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 unanimously approved the motion .
" Bruce Evans , Aye " , " Gary Kaser, Aye" , "Greg Scalise, Aye, " " Peter Wells , Aye" , " Michael Tobin ,
Aye"
* List of documents submitted for the Request for Determination and discussed at this hearing
1 . J C Ellis Design Site Plan , . . . 1 Carver Road , 8/10/20
Notice of Intent
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 proponent requested the hearing be continued until September 22 , 2020 , Evans/Kaser
Approve . AU
A e
" Bruce Evans , Aye" , Gary Kaser, Aye" , Greg Scalise , Aye , Peter Wells , Aye " , Michael Tobin ,
y „
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Violations - Enforcement Order Ratification
1 . Paysner, 34 Mammon Cartway, 61 /32 (49/21 ) illegal dock on Long Pond :
Ms . Aguiar explained she sent letters in 2019 to the above referenced property owners following a
pond-wide boat survey of Long Pond . In reviewing the wetland files , she found no permit for the
dock .
Additionally, as Long Pond is a Great Pond , a license from Massachusetts General Law Chapter
91 , is required to ensure the public's rights to fish , fowl and navigate are not unreasonably
restricted , and that unsafe or hazardous structures are repaired or removed .
On August 31 , 2020 , Natural Resources officer, Ryan Burch , conducted an assessment of Long
Pond and found a dock structure at this location , which he reported to her. She issued an
Enforcement Order, with photos of the dock ; stating :
The Conservation Commission , requires that the dock be removed within 30 days of the
issuance of this Enforcement Order and placed outside of the 50 foot buffer zone and/or
on existing structures/hardscape .
Prior to any placement of a dock following removal , a Notice of Intent must be filed with
the Conservation Commission and an Order of Conditions issued by the Conservation
Commission . In addition , any such proposed structure shall meet the required dimensions
as defined under Brewster' s Wetlands Protection By-law.
The Conservation Commission reserves the right to amend this Enforcement Order in the
future , or to issue separate Enforcement Orders . The Commission also reserves the right
to issue fines for the unauthorized work that has occurred or failure to remove the dock
structure by the required deadline .
She explained that this dock exceeds the size of a permitted dock under the regulations for docks
under the BWP By-law.
2. Oliver, 38 Captain Baker Road , 72/19 (41 /65) illegal dock expansion , violation of Order of
Conditions SE 9 -1235
Ms . Aguiar explained she sent a letter to these property owners in 2016 , noting that the approved dock is
restricted to 24 feet in length . The existing dock exceeds the size approved in the Order of Conditions and
allowed under the regulations for docks under the BWP By-law, and the expanded portion must be removed .
On August 31 , 2020 , Natural Resources officer, Ryan Burch , conducted an assessment of Long Pond and
found a very large dock structure at this location , which he reported to her. She issued an Enforcement Order;
stating that not only did the owners not remove the disallowed portion of the dock , but expanded it
yet again to include another seating area . Photos of the dock were included with the Enforcement
Order,
A Show Cause Hearing is scheduled for October 6 , 2020 , for both violations .
Evans/Kaser Ratify , Approved Unanimously.
Bruce Evans , Aye " , "Gary Kaser, Aye" , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael
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Tobin , Aye " 1
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Citizens ' Forum
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The public submitted no comment at this time .
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Report of the Natural Resources Director
1 . Mr. Miller reported that some young people are engaging in noisy behavior in the Baker' s Pond
Conservation area . They have installed a swing in a tree over the pond , as has been done there
historically . Mr. Miller stated that Natural Resources and Police officials visited the site , and
observed no evidence of alcoholic beverages , etc. Since noise is the major complaint from
abutters , the Natural Resources Department will designate the police as respondents to such
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complaints .
2 . More serious during this season of drought, is that people have been creating bonfires in the
southern portion of the Punkhorn Parklands on a weekly basis . Mr. Miller stated that Natural
Resources Personnel are now requiring assistance from Fire Department officials of the towns of
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Brewster and Harwich . Mr. Miller explained that this is occurring in the pine barrens and near a
Town of Brewster Wellfield , so the threat of a gasoline accident is a further problem if it impacts
Brewster' s groundwater.
3 . Town of Brewster Spruce Hill Conservation Area —
The Brewster Historical Society formerly leased the primary dwelling at the Spruce Hill
Conservation Area from the Select Board as its official residence before relocating . Mr. Miller
explained that the organization recently requested the Conservation Commission allow vegetation
trimming for removal of stored material from a shed located behind the primary dwelling so they
can move the material to their new location .
With the exception of the primary structure at the front of the lot , the Conservation Commission
holds the Spruce Hill Conservation Area under its care , custody and control .
The Conservation Commission gave its consensual approval to allow trimming the vegetation near
the shed behind the primary dwelling , for this purpose .
Any Topic not reasonably anticipated by the Conservation Commission Chairman
1 . John Wing Trail
Commissioner Evans requested the Conservation Commission , which holds the John Wing Trail on
Wing Island under its care , custody and control - improve its boardwalk soon , as many citizens
enjoy the area .
2 . Deer hunting discussion - this will possibly be on the agenda of the September 22
Conservation Commission meeting .
In answer to Commissioner Wells , 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 ; possibly on September 22 .
3 , Freeman ' s Pond Tidal Flow and Salt Marsh Restoration Culvert Replacement
In answer to a question from Chairman Tobin on the success of the tidal flow restoration to
Freeman's Pond (a saltwater pond) and the associated salt marsh following construction of a new
culvert (SE 9- 1534) to replace a failed culvert , Mr. Miller responded that the project was very
successful . It has created more salt marsh and much better tidal flushing . Freeman' s Pond is very
shallow, so there is not a lot of saltmarsh vegetation , especially at the mouth of the pond , but all in
all the project has shown success .
Report of the Conservation Administrator
1 . The Conservation Administrator stated that she continues to see illegal docks on the various ponds
and is issuing letters to presumed owners , explaining their responsibilities under Wetlands Laws" . I
The Massachusetts Wetlands Protection Act M. G. L. c. 131 , § 40 and the Brewster j
Wetlands Protection Bylaw, Chapter 172 under the Code of the Town of Brewster,
requires 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 lake, pond, river, stream,
estuary or the ocean. Without a permit, such a structure is in violation of said laws.
On all Great Ponds, a license from Massachusetts General Law Chapter 91 , is
required to ensure the public 's rights to fish, fowl and navigate are not
unreasonably restricted, and that unsafe or hazardous structures are repaired or
removed,
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2 . Other violations she has observed include vegetation clearing within 100 feet of wetlands without a
permit .
Requests for Extensions to Orders of Condition
1 . Woodland Lakes Association SE 9 -1739 , 0 Crowell ' s Bog Road , 73/6 (41 /10-22) I
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2 . Brewster Conservation Trust; Order of Conditions SE 9 -17531 0 Lower Road, 49/135 (3/154-2)
3 . Daskalakis SE 9 -1752 , 660 Crowell 's Bog Road , 72/30 (41 /10 -12) Re -signature
Following the recommendation of the Conservation Administrator, the Commission approved the
above referenced requests for extensions under the MA ACT and BWP Bylaw, for three years .
Evans/Kaser AU **
Bruce Evans , Aye" , "Gary Kaser, Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael
Tobin , Aye "
Request for Certificate of Compliance
1 . Olson , SE 9 -1317, 251 Cranview Road , 20/21 (51 /18 -5)
The Conservation Administrator recommended that with submittal of a letter from a professional
engineer and an "As- built Plan" for this project , it complies with the Order of Conditions , and to
issue a Certificate of Compliance . AU **
Bruce Evans , Aye " , "Gary Kaser, Aye" , " Greg Scalise , Aye , " " Peter Wells , Aye" , " Michael
Tobin , Aye "
Requests for Administrative Review
1 . Crane , 27 Landing Drive, 82/61 (48/3 ) tree removal
2 . Daniels , 19 George Darby Cartway, 33/41 (36/64-2 ) tree removal
As contained in her Administrative Report , the Conservation Administrator believed the above
referenced projects meet parameters for activities under the Commission' s Administrative Review
process and approved the projects under Administrative Review, Evans/Kaser Ratify ,
'AU**
Bruce Evans , Aye" , " Gary Kaser, Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin ,
Aye "
Review of Plan Change
1 . Champlin Order of Conditions SE 9 -1741 vista cutting project - request as to whether
changes in the allowed cutting shall constitute a minor change to plan - on 106 Upland
Circle , 127/8 (10 , 20 -48 )
John O' Reilly , J M O' Reilly , Inc . , represented the applicant by remote participation to answer any
questions from the Commission . "John O ' Reilly, Present"
2 . Lapidus , Order of Conditions SE 9 -1793 , (dwelling reconstruction ) request as to whether
dwelling expansion in the 50 foot buffer zone shall constitute a minor change to plan - on
115 The Tides Court, 58/44 (4/56 )
The Conservation Administrator explained the change actually constitutes less hardscape in the 50
foot buffer zone to wetlands than previously approved .
Mr. Ron Slowek represented the applicant by remote participation . " Ron Slowek, Present"
3 , Robinwood Homeowners Association , Inc . Order of Conditions SE 9 -1830 (deck
construction ) request as to whether construction changes shall constitute a minor change
to plan , on 0 Holly Avenue , 125/91 (29/999 )
The Conservation Commission agreed the three above described plan changes shall be
considered minor, and approved . This newly submitted plans shall be designated by the
Conservation Administrator as the approved plans of record . Evans/Kaser AU ** .
Bruce Evans , Aye " " Gary Gary Kaser, Aye" , Greg Scalise , Aye , " " Peter Wells , Aye" ,
" Michael Tobin , Aye "
Review and Approval of Minutes
1 . August 18 , 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"
Evans/Kaser Adjourn . AU ** .
" Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise , Aye, " " Peter Wells , Aye" , " Michael j
Tobin , Aye "
Adjourned at 7 : 30 PM .
Carol Spade
Brewster Conservation Commission Minutes September 8 , 2020 5
**(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
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 . . . invasive Plants in Massachusetts 111105
4, Administrative Report of the Conservation Administrator
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