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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 . i s { I l Brewster Conservation Commission Minutes September 8 , 2020 1 3 i 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 „ I j 3 I Brewster Conservation Commission Minutes September 8 , 2020 2 t p� V E 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 I Tobin , Aye " 1 i Citizens ' Forum 3 The public submitted no comment at this time . i 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 i 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 { Brewster Conservation Commission Minutes September 8 , 2020 3 I 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, i i 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 i I Brewster Conservation Commission Minutes September 8 , 2020 4 1 i I 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 i i i i s i 3 l l {4 1 1 1 1 I 7 i E { 1 1 i i Brewster Conservation Commission Minutes September 8 , 2020 6 I i