HomeMy Public PortalAboutConservation Commission -- 2020-11-10 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,
November 10 , 2020 meeting of the Brewster Conservation Commission at 4 : 00 PM .
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
The Public Meeting Packet for the hearings is available for download at:
http : //records . brewster-ma . gov[WebL ! nk/0/fol/118271 /Row1 . aspx
Send comments on items from the Conservation Commission agenda to .
conservationmeeting (cD,brewster-ma . gov
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 , conservationmeetinn(a)brewster-ma . gov
To view the :
. Live broadcast: Tune to Brewster Government TV Channel 18
• Livestream : Go to http: //Iivestream . brewster-ma.goy
. Audio/video recording : Go to http ://www.tv, brewster-ma.gov
• Public Meeting Packet: http ://records. brewster-ma . gov[WebLink/O/fol/118271 /Rowl .aspx
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OR
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Under M .G . L. C . 131 . §40 And BWP By-law j
Public Hearings
Requests for Determinations of Applicability
Adailton Figuieredo requests determinations as to whether the subject area constitutes inland
wetlands and/or the 100 foot buffer zone to inland wetlands protected under the Wetlands Protection j
Act and the BWP Bylaw. Property is on 3447 Main Street, 114/46 ( 12/19 )
" Paul Shea , Present" Paul Shea , Independent Environmental Consultants ( IEC) represented the applicant
by remote participation .
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Brewster Conservation Commission Minutes November 10 , 2020 1 I
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He described the subject area as contained in the Request for Determination and plan* , explaining that it
contains a former koi pond with a clay lining used to retain the water in the pond . The former owners used a
pump from a well 65 feet deep to draw water into the pond , and the present owner , Adailton Figuieredo ,
disconnected the water pump in 2013 .
Test holes in the lowest area of the topographical depression now depict no groundwater at approximately
41 inches beneath the ground ; he observed no hydrologic connection , wetland plants or wetland soils .
He stated that in his opinion , no wetland indicators exist on the site and no wetland exists on or near the
property to support the former pond .
Summary of Staff/Conservation Commission Comments
Ms . Aguiar agreed that the depression is not linked to any wetland or hydrologic connection .
She explained that as shown in the photos in her agenda displaying soil tests , the sandy soils do not depict
hydric elements .
Ms . Aguiar stressed that it is important for all to know that a man-made wetland qualifies as a wetland under
such artificial ) if nature does not support the area as a
environmental laws , but must be maintained as u y pp
wetland .
She recommended the Commission issue the following Negative Determinations :
1 . The area described in the Request is not an area subject to protection under the Act or the Buffer
Zone .
4 . The work described in the Request is not within an Area subject to protection under the Act (including
the Buffer Zone) . Therefore , said work does not require the filing of a Notice of Intent, unless and until
said work alters an Area subject to protection under the Act .
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 ,
Evans moved , Kaser seconded the motion to close the public hearing and issue the above captioned
negative determinations .
The Conservation Commission unanimously approved the motion .
Bruce Evans , Aye„ "Gary Gary Kaser, Aye „ "Greg Greg Scalise, Aye , „ „ Peter Wells , Aye „ " Michael Michael Tobin ,
Aye”
* List of documents submitted for the Request for Determination and discussed at this hearing
1 . J M O ' Reilly, Inc . . . . Site and Sewage Disposal . . . Plan , rev. 10/19/20
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Summary of Public Comments 3
" Michael Beggan , Present”
Abutter to the project on 3447 Main Street , Michael Beggan , attended by remote participation . He requested
clarification on the specifics of the definition of a wetland , which Ms . Aguiar answered to his satisfaction .
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Judy Sylvia requests determinations as to whether the area — buffer zone to Inland Wetlands , and
the work — replacing a failed cesspool with a new septic system meeting Title V of the State Sanitary
Code - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on
256 Slough Road , 11 /12 (38/24) .
"John O ' Reilly , Present”
Summary of Applicant Testimony
"John O ' Reilly, Present”
John O' Reilly, PE , PLS , J M O ' Reilly , Inc. , represented the applicant by remote participation . He clarified
that the home contains two cesspools , which will be replaced with a Title V septic system , and further j
described the resource areas which surround the lot on three sides , as contained in the Request for
Determination and plan*.
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Summary of Staff/Conservation Commission Comments 1
The Conservation Administrator stated that the project , replacement of cesspools with a septic system
meeting Title V of the State Sanitary Code represents a substantial improvement to the project, and she
recommends issuing Negative Determinations , as shown :
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) . j
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Brewster Conservation Commission Minutes November 10 , 2020 2
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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.
Ms . Aguiar stated , however that the south side is completely cleared , with no native wetland vegetation . She
explained that she has no knowledge as to when this occurred , as on-line arial photos from past years also
show the area as cleared . She urged Mr. O' Reilly to contact the property owner, explaining that alteration in
or within 100 feet of wetlands is a violation of wetland laws without a prior permit .
Summary of Public Comments
The public had no comment.
Evans moved , Kaser seconded the motion to close the public hearing and issue determinations as
recommended by the Conservation Administrator,
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 M O' Reilly . . . 255 Slough Road Site Plan , 10/21 /20
Wendy Makrides requests determinations as to whether the area — buffer zone to Coastal Wetlands ,
and the work — renovations of a dwelling within its existing footprint - are subject to the Wetlands
Protection Act and jurisdiction of the BWP Bylaw. Property is on 38 Hillcrest Drive , 38/40 (2/6 )
"Stephanie Sequin , Present"
Stephanie Sequin , PE , Ryder and Wilcox, represented the applicant by remote participation .
Summary of Applicant Testimony
Ms . Sequin described the resource areas and project thoroughly, as contained in the Request for
Determination and plan* for this dwelling constructed prior to the enactment of wetland laws* .
She stressed that the existing deck/screened porch is within 50 feet of Land Subject to Coastal Storm
Flowage/Coastal Bank to the saltwater Freeman' s Pond off Cape Cod Bay . The porch is proposed to be
rebuilt with the screened porch converted to year round habitable space . She explained that footings for the
porch area will be re- used ; more added if necessary , and dug by hand , so no excavation will occur in the 50
foot buffer zone to wetlands . A minor change in footprint is steps off the deck which will be reconstructed on
the east side .
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Summary of Staff/Conservation Commission Comments
The Conservation Administrator stated she saw no adverse impacts to the project , and recommended the
Conservation Commission issue Negative Determinations , as follows :
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.
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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. j
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Summary of Public Comments r
The public had no comment.
Evans moved , Kaser seconded the motion to close the public hearing and issue determinations , as
recommended by the Conservation Administrator,
The Conservation Commission unanimously approved the motion .
" Bruce Evans , Aye" , "Gary Kaser, Aye " , "Greg Scalise , Aye , " " Peter Wells, Aye " , " Michael
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Tobin , Ay"
* List of documents submitted for the Request for Determination and discussed at this hearing
1 . Ryder and Wilcox Site Plan , 38 Hillcrest Drive Site Plan 10/20/20
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Brewster Conservation Commission Minutes November 10 , 2020 3
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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)
Summary of Applicant Testimony
" David Clark, Present" , "Teresa Sprague , Present"
David Clark, PE , Clark Engineering LLX and Teresa Sprague , MALD , Blue Flax Design , attended by remote
participation as representatives of the applicant . Ms . Sprague described the project as contained on the
most recently revised plans*.
Summary of Staff/Conservation Commission Comments
The Conservation Administrator informed Ms . Sprague that the fragrant sumac, American alumroot and
black eyed Susan shown in the 50 foot buffer zone on the proposed planting plan are not native to
Barnstable County as listed on DEP' s The Vascular Plants of Massachusetts; A County Checklist:— and she
believes must be substituted for native plants .
Ms . Sprague responded that she will revise the plan to show the necessary substitutions .
Ms . Aguiar further referenced that the engineering plan shows the deck expansion on the south side ,
exceeding the existing deck by up to two feet.
Mr. Clark responded that half of the expansion is necessary for access to the basement and for limited
structural purposes .
Evans/Kaser Continue the hearing to November 24 for receipt of a revised planting plan and for the
Conservation Administrator to draft Special Conditions for the project under the BWP By-law. AU
" Bruce Evans , Aye " , "Gary Kaser, Aye " , "Greg Scalise , Aye, " " Peter Wells , Aye " , " Michael Tobin ,
Aye "
*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 , rev.
10/9/20, Blue Flax Design , Planting Plan 361 Slough Road , rev. 10/6/20
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Corcoran Jennison Management proposes enhancements to improve the ecology of a pond — work
is within Inland Wetlands and River/Riverfront on Mariner's Court and Ocean Edge Drive , 90/160
( 14/1 -19 ) .
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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 .
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Summary of Applicant Testimony
Paul Shea , Independent Environmental Consultants ( IEC) represented the applicant by remote participation .
He described the resource area and project as contained in the Notice of Intent , narrative , variance request
and plan* . Mr. Shea maintained that the altered subject pond in this River/Riverfront as defined under
Section 10 : 00 of Regulation 310 CMR Massachusetts Department of Environmental Protection ,
is man-made .
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Mr. Shea requested permission to allow activities under this Order of Conditions , including :
1 . Controlling the water flow in the pond .
2 . Testing and evaluating the existing water quality of the pond .
3 . Reducing the height of existing vegetation in and within 100 feet of the pond to improve the water j
views for residents .
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Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan
Ms . Aguiar stressed that the pond is located within a Riverfront flowing into Cape Cod Bay .
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She believed the Conservation Commission might allow increased pond flushing by allowing trash and
invasive plant species removal in the pond , within the outlet of the stream and within 100 feet of the pond .
She stated that the term " nuisance" vegetation is ambiguous , and explained that native plants as defined
under the WPA and the BWP By-law, are a sign of high water quality. She recommended that the
Commission allow removal and alteration only of invasive plants as defined under the WPA . The project
must meet the provisions of the WPA and variance provisions of the BWP By-law ; she would not
recommend removing and reducing the height of native plants .
She believed the Conservation Commission must require a minimum of three annual monitoring
assessments if it approves this project .
Summary of Public Comments
The public had no comment.
Evans/Kaser continue the hearing to November 24 , to allow the Conservation Administrator to draft findings
and special conditions for an Order of Conditions for the project , as discussed . AU ** .
" Bruce Evans , Aye " , "Gary Kaser, Aye" , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin ,
Aye"
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . Man-made Pond Re-landscaping Ocean Edge Resort by Philip L Cheney, 8/6/19 , Narrative
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, 91 /5 (7/7)
The Conservation Commission continued the September 22 testimonial hearing to allow the Conservation
Administrator to consult with Mr. Greg Berman , Coastal Processes Specialist, Woods Hole Sea Grant/Cape
Cod Cooperative Extension Services
" Robert Perry, Present"
Robert M Perry , PE , Cape Cod Engineering , Inc. , attended by remote participation as representative of the
applicant.
Mr. Perry described the resource areas and revised project as contained in the Notice of Intent , narrative ,
variance request and plan* . He stated that the revetment was originally constructed in the 1960s . Mr. Perry
referenced a drainage pipe in the vicinity of the existing revetment that was not shown on the original plan .
Summary of Staff/Conservation Commission Comments j
Through the course of the hearing , Ms . Aguiar stressed that in his narrative memo to the Conservation
Commission and the project engineer, Coastal Processes Specialist, Greg Berman calculated the DEP
acceptable average annual compensatory sand nourishment in this area downdrift of a groin , to be a
minimum of 23 CY ( cubic yards ) , based on the length (90 ' ) and assumed height ( 11 . 5' ) of the
revetment plus the rate of erosion were the revetment not to have been constructed and not
depriving the coastal resource areas of sand .
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Evans/Kaser continue the hearing to November 24 , 2020 , to allow the Conservation Administrator to draft
Special Conditions for the project. AU **.
" Bruce Evans , Aye" , "Gary Kaser, Aye " , " Greg Scalise , Aye , " " Peter Wells, Aye " , " Michael Tobin,
Aye"
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* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . From : Greg Berman , Coastal Processes Specialist, Woods Hole Sea Grant, CC Cooperative
Extension Services To : Brewster Conservation Commission Date : 9/24/2020 RE : Site Visit,
313 Nelson Street
2 . Cape Cod Engineering Topographic Plan , for Rev. Reconstruction , 313 Nelson Street, rev.
10/14/20 , Narrative , Construction Staging Plan 10/21 /20
Terence A and Helen F Cordner propose to re-establish two abandoned view corridors to Canoe {
Pond - within 50 feet of Inland Wetlands on 648 Satucket Road , 24/71 (36/36 -2)
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 . j
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Brewster Conservation Commission Minutes November 10 , 2020 5
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Summary of Applicant Testimony
John O ' Reilly , PE , PLS , J M O ' Reilly , Inc . , represented the applicant by remote participation , He described
the resource areas and project as contained in the Notice of Intent , narrative , variance request and plan* ,
and added that the project is essentially identical to that of an expired Order of Conditions .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan* .
Ms . Aguiar agreed that the project is essentially one the Conservation Commission formerly approved .
Summary of Public Comments
The public had no comment.
Evans/Kaser continue the hearing to November 24 , 2020 , to allow the Conservation Administrator to draft
findings and special conditions for an Order of Conditions for the project . AU** .
" Bruce Evans , Aye " , "Gary Kaser, Aye" , "Greg Scalise, Aye , " " Peter Wells , Aye" , " Michael Tobin ,
Aye"
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . J M O ' Reilly . . . Site Plan Showing Proposed Viewshed 648 Satucket Road , 10/16/20 ,
Narrative , Variance Request
Town of Brewster proposes to remove an existing paved access pathway and replace it with a wider
asphalt ramp with landing . Work is within a Coastal Dune at Saint's Town Landing , 0 Saint's
Landing , 504 (3/2) .
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
Summary of Applicant Testimony
John O' Reilly, PE , PLS , J M O ' Reilly, Inc. , represented the applicant by remote participation . He described
the resource areas and project as contained in the Notice of Intent , narrative , variance request and plan* ,
explaining further that the project allows the public to distance socially during the Covid 19 Crisis .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan*
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Summary of Public Comments
The public had no comment.
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Following review of findings under the WPA and BWP By-law and special conditions under the BWP
By-law, Evans moved , Kaser seconded the motion to close the hearing , approve the project. . . with
findings and special conditions as drafted and issue an Order of Conditions. The Conservation
Commission unanimously approved the motion . Eligible voters: Bruce Evans, Gary Kaser, Greg
Scalise, Peter Wells, Michael Tobin (5-0 )
ccAye " , uAye " , " " " Aye " , ss 3
Bruce Evans , Gary Kaser, Greg Scalise , Aye , Peter Wells , Michael Tobin ,
Aye"
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . J M O ' Reilly . . . Proposed Site Plan , Ramp Repairs , Saint's Landing , 10/16120 Narrative , j
Variance Request
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Randi A and John E Hofmann propose to prune for a view, expand a patio and re-surface a driveway I
using pervious pea -stone, within 50 feet of Inland Wetlands , on 64 Bates Lane , 68/33 ( 16/13 ) .
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 .
Summary of Applicant Testimony
"Stacy Kanaga , Present"
Stacy Kanaga , PE , Coastal Engineering , Inc. , represented the applicant by remote participation . She
described the resource areas and project thoroughly, as contained in the Notice of Intent , narrative , variance
request , Delineation Field Data Forms and plan*. She specified that the patio extension is proposed to be
composed of stone laid on pervious material to allow filtration into the soil and prevent water runoff into the
50 foot buffer zone and wetland .
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Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan* .
Ms . Aguiar suggested the engineer submit pruning notes specific to pruning necessary for plant height as
topography drops , for the protection of the native shrubs and trees and the inland bank .
Summary of Public Comments
The public had no comment.
Evans/Kaser continue the hearing to November 24 , for the Conservation Administrator to draft findings and
special conditions for an Order of Conditions based on the discussion on plant height . AU ** .
" Bruce Evans , Aye" , "Gary Kaser, Aye" , " Greg Scalise , Aye , " " Peter Wells , Aye" , " Michael Tobin ,
Aye"
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . Coastal Engineering , Inc . , Site Plan , 64 Bates Lane, 10/21 /20 Narrative , Variance Request
2 . 310 CMR 10 . 55 Delineation Field Data Forms
Gary Galonek proposes sand nourishment in Coastal Resource Areas , on 30 Swift Lane, 69/97 (6/3
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
Summary of Applicant Testimony
" Matt Farrell , Present" , "Gary Galonek, Present"
Matt Farrell , J M O' Reilly , Inc. , and represented the applicant by remote participation . Gary Galonek
attended also . Mr. Farrell described the resource areas and project as contained in the Notice of Intent,
narrative , variance request and plan ,
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan* .
Summary of Public Comments
The public had no comment .
Evans//Kaser continue the hearing to November 24 , to allow the Conservation Administrator to draft findings
and special conditions for an Order of Conditions for the project. AU ** .
Bruce Evans , Aye " , Gary Kaser, Aye " , Greg Scalise, Aye , Peter Wells, Aye " , Michael Tobin , j
Aye"
*List of documents submitted for the Notice of Intent and discussed at this hearing .
1 . J M O ' Reilly . . . Proposed Site Plan , 39 Swift Lane rev. 10/21 /20 , Narrative , Variance Request s
Mr. Galonek requested clarification on Orders of Condition and their expirations , the legality of Certificates of j
Compliance , and three year extension permits , which Ms . Aguiar explained to his satisfaction . j
Continued Hearing — Amended Proposal - Gary Galonek proposes to construct additions to a single 3
family dwelling within 50 feet of Coastal Wetlands . Property is on 30 Swift Lane, 69/97 (613 ) .
Summary of Applicant Testimony
Matt Farrell , J M O' Reilly , Inc. , represented the applicant by remote participation . Gary Galonek attended
also . Mr. Farrell described the resource areas and revised project as contained in the Notice of Intent , j
narrative , variance request and plan . He stressed that he redesigned the previous plan to dismantle the
original dwelling , as the Brewster Historic Commission declared it historic and would not allow the owners to
remove it.
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The original dwelling requires a proposed new four-foot high foundation . A patio addition is proposed in the
back of the dwelling . It is in the northernmost area of the 50 foot buffer zone of Coastal resource areas ,
closest to the Coastal Bank .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan* .
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Brewster Conservation Commission Minutes November 10 , 2020 7 I
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Chairman Tobin requested since the dwelling structure is proposed to be set on a new foundation and
requires uplifting , it be moved completely from the 50 foot buffer zone to eliminate the addition in the 50 foot
buffer zone . Commissioner Kaser stated he agreed with Mr. Tobin .
Ms . Aguiar agreed with the two Commissioners , and that the variance request shall meet the following
provisions :
Mitigating measures are proposed that will allow the project to be conditioned so
that it contributes to the protection of the resource values identified in the Wetlands
Bylaw ;
The Conservation Commission finds no reasonable alternative for such a project
within the proposed site ;
There will be no adverse impact from the proposed project; or
That the project is necessary to accommodate an overriding public interest or that
it is necessary to avoid a decision that so restricts the use of property that it
constitutes an unconstitutional taking without compensation .
Ms . Aguiar did not believe that a patio meets the variance provisions for reconstructing within 50 feet , and is
not essential to the project.
She then informed the proponents that while on the site , she observed cutting violations on or very near the
Coastal bank; shrubs so low to the ground that they will completely die out and the shrubs and their roots
will be unable to hold the soil and protect the Coastal Bank. She included photos of the cuttings with her
agenda comments .
Mr. Galonek responded to the Conservation Administrator' s comments , including reasons for cutting in
jurisdictional areas without a wetlands permit , and other homes in the area constructed prior to wetland laws
Summary of Public Comments
The public had no comment .
Evans/Kaser continue the hearing to November 24 , to allow the applicant to revise the plan to eliminate the
structure in the 50 foot buffer zone and mitigate for the illegal cutting . AU** ,
aAye" , ss » ss " ssAye " , "
Bruce Evans , Gary Kaser, Aye" , Greg Scalise, Aye , Peter Wells , Michael Tobin ,
Aye "
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . J M O' Reilly Proposed Site Plan , 30 Swift Lane , rev. 10/21 /20 Narrative, Variance Request
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Citizens' Forum i
The public had no comment at this time
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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 .
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Requests for Extensions to Orders of Condition
1 . Coastal II LLC , SE 9 =1763 , 257 Crocker Lane, Assessors ' Map 69/4 (5/203)
2 . Gilbert, 29 Cranview Road , SE 9=1773 , 10/57 (38171 -1 )
3. HKN Trust/Gloriae Dei Artes Foundation SE 9-1760, 36 Southern Eagle Cartway, 138/43 (30/18 -1 )
Following the recommendation of the Conservation Administrator, the Commission approved the
above referenced requests for extensions under the MA ACT and BWP Bylaw, for up to three
years . Evans/Kaser. AU **.
" Bruce Evans , Aye" , " Gary Kaser, Aye" , " Greg Scalise, Aye , " " Peter Wells, Aye" , " Michael
Tobin , Aye"
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Requests for Certificates of Compliance
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Brewster Conservation Commission Minutes November 10 , 2020 8 j
Is Reinhart, SE 9 -1688 , 73 Hamilton Cartway, 93/8 (47/71 )
2 . Town of Brewster, SE 94542 , 201 Run Hill Road , (35/1 )
The Conservation Administrator recommended that the projects comply with the respective Orders
of Condition , and to issue Certificates of Compliance . Evans/Kaser AU **
" Bruce Evans , Aye " , "Gary Kaser, Aye " , " Greg Scalise, Aye , " " Peter Wells , Aye" , " Michael
Tobin , Aye "
Requests for Administrative Review
1 . Carta , 23 Mammon Cartway, 61 /28 (49/18) , tree and other vegetation removal
2 . CJ Management, 33 Ocean Edge Drive, 90/160 ( 14/1 -35) deck railing replacement
As contained in her Administrative Report and accompanying photos , the Conservation
Administrator believed the above referenced projects meet parameters for activities under the
Commission' s Administrative Review process , and approved the project/projects under
Administrative Review, Evans/ Kaser Ratify AU ** .
" Bruce Evans , Aye" , "Gary Kaser, Aye" , "Greg Scalise , Aye , " " Peter Wells, Aye " , " Michael
Tobin , Aye"
3 . Green , 170 Crowell ' s Bog Road , 61 /16 (49/50 ) shed construction
No action taken (pending fee receipt) .
Review of Plan Change
1 . Hayes Order of Conditions SE 9 -1859 , vegetation management and vista pruning within 50
and feet of coastal resource areas - request as to whether vegetation removal by a
professional landscaper in lieu of a licensed arborist shall constitute a minor change to plan
- on 50 Robbins' Road , 50/2 (3/14) .
The Conservation Commission took no action on this request, and is pending receipt of a resume'
of the person doing the pruning in the resource area .
2 . Town of Brewster, Order of Conditions SE 9 -1839 , activities including vista cutting - request
as to whether vista cutting by a professional biologist in lieu of a licensed arborist shall
constitute a minor change to plan - on 785 Main Street, 26/27 (20/11 ) .
The Conservation Commission agreed the above plan change shall be considered minor, and
approved . The biologist submitted a resume' which the Conservation Commission approved
Evans/Kaser. AU **.
" Bruce Evans , Aye " , "Gary Kaser, Aye " , " Greg Scalise, Aye , " " Peter Wells , Aye " , " Michael
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Tobin , Aye "
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Review and Approval of Minutes j
1 . October 20 , 2020
** Having reviewed the above referenced minutes , the Commission approved them as written 1
Evans/Kaser. AU **.
" Bruce Evans , Aye " , "Gary Kaser, Aye" , "Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael
Tobin , Aye " j
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Any Topic not reasonably anticipated by the Conservation Commission Chairman I
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Under MA General Laws Chapter 40, Section 8C
399 Baker's Pond Road , Brewster - Vote of the Brewster Conservation Commission to
support and approve a Conservation Restriction for 3 . 096 acres of land , for the protection
and preservation of land 100% within the State designated Zone II of contribution to a
public water supply ; the critical natural landscape is surrounded by 100 acres of Town
owned open space and near Nickerson State Park.
Evans/Kaser.AU **.
" Bruce Evans , Aye" , "Gary Kaser, Aye " , "Greg Scalise, Aye , " " Peter Wells , Aye" , " Michael Tobin ,
Aye"
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Conservation Commission vote to approve and
grant the foregoing Conservation Restriction to
the Brewster Conservation Trust pursuant to
Section 32 of Chapter 184 and Section 8C of
Chapter 40 of the Massachusetts General Laws
106 McGuerty Road — Approximately 10 acres - Property is designated by the Natural Heritage and
Endangered Species Program - ( " NHESP " ) as Priority Habitat of Rare Species , and falls entirely
Brewster Conservation Commission Minutes November 10 , 2020 9
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within the NHESP-designated Estimated Habitat of Rare Wildlife : the permanent protection of the
Premises aligns with NHESP' s wildlife and habitat protection objectives .
Evans/Kaser.AU**.
" Bruce Evans , Aye" , "Gary Kaser, Aye " , "Greg Scalise, Aye, " " Peter Wells , Aye" , " Michael Tobin ,
Aye"
Discussion on modifications to the hunting policy for lands under the care , custody and control of
the Conservation Commission
Natural Resources Director Miller informed the Commission that he reviewed the Town Meeting minutes of
1989 , following of the article on whether to allow hunting in the Punkhorn Parklands . He believed that the
minutes demonstrated that the vote was advisory only.
He met with the Water Commissioners recently. The Water Commission agreed to support
the decisions of the Conservation Commission on hunting .
At this time , Mr. Miller requested recommendations from the Conservation Commission to
present to the Select Board at a future meeting with them on hunting .
Chairman Tobin stated he believed the experts at MA Wildlife in their study on the number of deer
from browse and pellet counts in the habitats in Brewster showed that hunting is necessary for
protection of the environment in some areas . He added that he is more comfortable with allowing
archery only in the Punkhorn Parklands , vs . primitive arms ,
Commissioner Evans believed the Brewster Town Counsel must determine whether the 1989 Town
Meeting vote on hunting was advisory vs , legally binding .
Commissioner Kaser believed that archery only in the Punkhorn Parklands could be an option now
of the Conservation Commission ,
Commissioner Scalise stated he was in favor of hunting ; however he believed the Commission now
must allow hunting by bow and arrow only in the Punkhorn Parklands .
Commissioner Wells believed the Commission should allow hunting in the Punkhorn Parklands in
alternate years at this time .
Other citizens expressed their opinions , as follows .
One citizen who spoke remotely believed that the Town should consider an EPA approved vaccine vs .
hunting to control the population of White-tailed deer.
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" Elijah Ellis , Present"
Citizen Elijah Ellis stated that the findings on the number of deer from browse and pellet counts by the
experts at MA Wildlife demonstrated the need to manage deer populations .
Evans/Kaser Adjourn . AU** .
Adjourned at 6 :44 PM .
Carol Spade
Bruce Evans , Aye„ "Gary Gary Kaser, Aye „ "Greg Greg Scalise , Aye , „ „ Peter Wells , Aye„ " Michael Michael Tobin ,
Aye ”
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**(Commissioner) Moved , ( Commissioner) Seconded . Denied = D Approved = A Approved
Unanimously = AU . i
*Note:
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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 .
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Brewster Conservation Commission Minutes November 10 , 2020 10 j
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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 coastallinland wetland buffer zones depicting the
species, size and natural spacing of plants
2. The Vascular Plants of Massachusetts; A County Checklist
3. Massachusetts Department of Agricultural Resources . . . invasive Plants in Massachusetts 111105
4. Administrative Report of the Conservation Administrator
5. Meeting video recording, Town of Brewster Website http://town. brewsterma. us
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Brewster Conservation Commission Minutes November 10 , 2020 11
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