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Home My Public Portal AboutConservation Commission -- 2020-10-20 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 s i . _ ti Code of the Town of Brewster Chapter 172 , 1, Ie4 Brewster Wetlands Protection Bylaw ( BWP Bylaw) GF. r " l Wetland Regulations 1 . 01 — 9 . 15 i Call to Order Under the Massachusetts Open Meeting Law, Chairman Michael Tobin called to order the Tuesday , October 20 , 2020 meeting of the Brewster Conservation Commission at 6 : 40 PM . Present Chairman Michael Tobin , Commissioners Bruce Evans , Greg Scalise , Peter Wells , Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Carol Spade " Bruce Evans , 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 , Commissioner Gary Kaser , Chairman Tobin read the following into the record : This meeting will be conducted by remote participation pursuant to Governor Baker's March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted . If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public can submit comments either before or during the meeting. To submit public comment or questions to the Conservation Commission, please email : conservationmeeting@brewster-ma .aov To view the : • Live broadcast : Tune to Brewster Government TV Channel 18 • Livestream: Go to http ://Iivestream .brewster-ma .gov • Audio/video recording: Go to http ://www,tv,brewster-ma.gov • Public Meeting Packet: http ://records. brewster-ma.gov/WebL! nk/0/fol/118271/Rowl.aspx To join the meeting via Zoom, either use this link to the meeting: https:Hus02web .zoom . us/i/86934421155?pwd=RlhiTOEwR25FMHQ5bG lmZTZhNmd5ZzO9 OR Go to https ://zoom . us/ioln, and if necessary, download the Zoom app , Once you are in Zoom, enter the meeting ID number 869 34421155, hit enter, then enter the password 156105 . To join the meeting by phone, call 1929 436 2866, then enter the meeting ID # 869 3442 1155 One tap mobile : +19294362866„ 869 34421155# US ( New York) Mr. Tobin then explained the rules for remote meeting participa Public Hearings Under M . G . L. C . 131 . §40 And BWP By-law Notices 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) Mr. David Clark , Clark Engineering , Inc. , representative for the applicant , submitted a letter requesting the Commission continue this hearing to November 10 , 2020 , Wells/Scalise, Continue . AU** " Bruce Evans , Aye" , " Greg Scalise, Aye , " " Peter Wells , Aye" , " Michael Tobin , Aye Continued - Nicholas and Rebecca Smith propose to reconstruct an existing stone revetment and deck, on and within 50 feet of Coastal Wetlands on 313 Nelson Street, 9115 (7/7 ) Wells/Scalise j Mr. Robert Perry , Cape Cod Engineering , Inc . , representative for the applicant, submitted a letter requesting the Commission continue this hearing to November 10 , 2020 , Wells/Scalise , Continue . AU** " Bruce Evans , Aye" , " Greg Scalise, Aye, " " Peter Wells , Aye " , " Michael Tobin , Aye Brewster Conservation Commission Minutes October 20 , 2020 1 Citizens' Forum Citizens did not comment remotely or submit email letters on general topics . Report of the Natural Resources Director NR The NR had no report at this time . Report of the Conservation Administrator CA The CA had no report at this time . Requests for Extensions to Orders of Condition 1 . Murphy SE 9-1764 ; 27 George Darby Cartway, 33/42 (36/64-1 ) The Conservation Commission took no action on this request. Requests for Certificates of Compliance 1 . Cahill/Crane, SE 9 -224, 65 Crane' s Lane , 34/14 (36/30 -7) 2 . Witherell , SE 9 -1592 , 298 Tubman Road , 55/140 (35120 -1 ) The Conservation Administrator recommended that the projects comply with the respective Orders of Condition , and to issue Certificates of Compliance . Wells/Scalise AU ** " Bruce Evans , Aye " , "Greg Scalise, Aye, " " Peter Wells , Aye " , " Michael Tobin , Aye Requests for Administrative Review 1 . NBRCE 11161 LLC . 42 Warren ' s Road , 38/75 (2/33) , tree trimming As contained in her Administrative Report, the Conservation Administrator believed the above referenced project meets parameters for an activity under the Commission ' s Administrative Review process , and approved the project under Administrative Review , Wells/Scalise Ratify . AU ** " Bruce Evans , Aye " , "Greg Scalise, Aye, " " Peter Wells , Aye" , " Michael Tobin , Aye Review of Plan Change 1 . McGeoch Order of Conditions SE 9-1764, (after-the fact maintenance of two decks, kayak rack, stairs to a pond , removal of existing deck, sand box, plastic lawn material and retaining walls , to be replaced with native plantings ) - request as to whether constructing a landing on in inland bank shall constitute a minor change to plan - on 27 George Darby Cartway , 33/42 ( 36/64-1 ) . The Conservation Commission took no action on this request. 2 . Hoffman , Order of Conditions SE 9-1813 ; 286 (shorefront protection measures ; biodegradable coir envelopes , sand-drift fence, and revegetation with native plants within coastal dune) — request as to whether constructing a six foot-tall wood and wire mesh fence and vegetating with native woody plantings in and/or within 50 feet of a coastal dune , shall constitute a minor change to plan — 286 Robbins Hill Road, 38181 (219) . Raise Fence 12" Wells/Scalise 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 . Wells/Scalise AU ** . " Bruce Evans , Aye" , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye I Town of Brewster, Spruce Hill , SE 9-16691 (stair maintenance, etc . ) — request as to whether shifting walkway structure to the east, etc . , shall constitute a minor change to plan - 3171 Main Street, 102/17 (879) . 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 . Wells/Scalise AU ** . " Bruce Evans , Aye" , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye 4. Lapidus , SE 9-1793, (reconstruction of single family dwelling) request as to whether shifting a j pathway to the north and constructing a retaining wall and other small appurtenances shall constitute a minor change to approved plan , on 115 The Tides Court, 58144 (4/56) . 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 . Scalise/Wells AU** . " Bruce Evans , Aye" , "Greg Scalise, Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye Brewster Conservation Commission Minutes October 20 , 2020 2 Review and Approval of Minutes 1 . October 6 , 2020 ** Having reviewed the above referenced minutes , the Commission approved them as written . Wells/Scalise AU " Bruce Evans , Aye " , " Greg Scalise, Aye , " " Peter Wells , Aye" , " Michael Tobin , Aye Any Topics not reasonably anticipated by the Conservation Commission Chairman No topics discussed . Under MA General Laws Chapter 40, Section 8C 7 : 00 pm Discussion on modifications to the hunting policy for lands under the care and custody of the Conservation Commission Chairman Tobin stated that the Conservation Commission will not vote on the hunting policy until a subsequent meeting . Chris Miller introduced Mr. Ryan Burch , Assistant to the Natural Resources Director, who explained that following discussions on October 1 and October 22 of 2019 , the Conservation Commission agreed to require a study of the number of White Tailed Deer in the Punkhorn Parklands . At this time Mr. Burch introduced Mr. Steven Wright, Wildlife Biologist from the Massachusetts Division of Fisheries & Wildlife, (MDFW), who participated in that study. Using visual depictions in his report , Mr. Wright described first a general study of the number of White Tailed Deer in all of Cape Cod . It depicted the density to be low, or twelve to eighteen deer per square mile of forested area . He then detailed summaries of recent studies by an MDFD dear biologist, of deer defecation numbers , known as pellet counts , in Brewster in Nickerson State Park (Grid 181 ) , the Boot Swamp portion of the Punkhorn Parklands (Grid 182) and a Town owned Parcel in East Brewster labeled Grid 183. He explained that by these counts , Nickerson State Park has an estimated 24 — 63 deer per square mile , an area of high deer impact . The Boot Swamp area of the Punkhorn Parklands was estimated to contain from 16 to 24 deer per square per square mile , an area of moderate deer impact. The parcel in East Brewster estimated between 2 to 4 deer per square mile was determined by this study as an area of low deer impact. Through the course of discussion , Mr. Wright stated that in order to obtain accuracy of approximately 98% confidence , the deer pellet study spaces its defecation transicts approximately one mile apart , so the estimate in the Punkhorn Parklands cannot be accurate to 95% since only four transects were taken due to its relatively small size . Additionally , the Commonwealth of MA choses to manage numbers of its White Tailed Deer by means of legal hunting only . Mr. Wright explained that as the forested area must support the deer for them to survive , a second method of studying deer capacity the Commonwealth uses is that by what is termed the carrying capacity of the area and the deer damage of forested areas through browsing of the plant species preferred by White Tailed Deer. This study determined the Boot Swamp area of the Punkhorn Parklands to be moderately impacted by deer. Citizens speaking remotely and giving their full names included Ms . Ann Daniels and Mr. William Henchy. Other speakers identified themselves by first names only. Ms . Daniels stated primarily that she believed large numbers of citizens recreate in the Punkhorn Parklands ; more and more in recent years and for that reason , as an issue of governance, she did not believe it democratic for the Conservation Commission to determine whether to allow hunting in this high-use area . She believed the people had a right to speak on the matter before the town at town meeting . Mr. Henchy stated that he was vice chairman of the Conservation Commission when the Town of Brewster acquired the Punkhorn Parklands in 1987 . Although he is not opposed to hunting , he believed the Conservation Commission should not allow hunting in the Punkhorn Parklands . Historically, the Town voted to acquire the land in an era of explosive development in Brewster, in the interest of protecting groundwater, the aquifer and wildlife habitat, etc. At that time also , sportsman groups met with the Conservation Commission , requesting to preserve the former activity of hunting , as when the land was privately owned . Then , as now, the Conservation Commission voted not to allow hunting there until after completion of an objective scientific study of the Punkhorn Parklands and its wildlife. The Conservation Commission formed the Punkhorn Management Advisory Committee and met with the Board of Selectmen to discuss the issue . Even so , Brewster citizens quite vigorously opposed allowing hunting in the Punkhorn Parklands , and submitted an article for Town Meeting , The Town voted overwhelming to ban hunting there . Additionally, the State Department of Conservation and Recreation prohibits hunting in Nickerson State Park for the issues discussed here . Brewster Conservation Commission Minutes October 20 , 2020 3 Mr. Henchy believed that hunting in the Punkhorn Parklands is no longer a mandate under MA General Laws Chapter 40, Section 8C, because it is so used so heavily by the public , and because the town ' s history on the subject is relevant , and something the Conservation Commission should seriously consider. All of the speakers ; both using and living near the Punkhorn Parklands , expressed concern over hunting in the Punkhorn Parklands . Some of them stated they agreed that the Town Meeting voters rather than the Conservation Commission , should decide whether to allow hunting in the Punkhorn Parklands . Ms . Aguilar then read into the record , letters from the following ; all of whom expressed concern over hunting in the Punkhorn Parklands : Denise Mattox Kathleen Johnson Miller Margaret Denise Pamela Stalker Mr . Miller believed the 1989 Town Meeting Vote was advisory only , as opposed to legally binding . Furthermore , this discussion concerned the subject of hunting on all lands under the care , custody and control of the Brewster Conservation Commission . Mr. Tobin requested staff contact the office of the Brewster Select Board for an opinion on the 1989 vote on its legality vs . advisory status . Wells/Scalise Move to adjourn . AU ** . " Bruce Evans , Aye" , "Greg Scalise , Aye , " " Peter Wells , Aye " , "Michael Tobin , Aye Adjourned at approximately 8 : 15 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. The Brewster Wetland Protection By-law was adopted on December 10, 1984. Its Regulations were promulgated, May 27, 1986. Among the list of documents* for this meeting are the following: 1 . 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 2. Massachusetts Department of Agricultural Resources . . . Invasive Plants in Massachusetts 111105 3, Administrative Report of the Conservation Administrator 4. Meeting video recording, Town of Brewster Website http://town. brewsterma. us Brewster Conservation Commission Minutes October 20 , 2020 4