HomeMy Public PortalAboutConservation Commission -- 2020-11-24 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 RegulationsIt
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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 24 , 2020 meeting of the Brewster Conservation Commission at 7 : 00 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
The Public Meeting Packet for the hearings is available for download at .
http • //records brewster-ma . gov[WebL [ nk/0/fol/ l 182711Row1 . aspx
Send comments on items from the Conservation Commission agenda to :
conservation meeting0ftrewster-ma . gov
Chairman Tobin read the following into the record :
" Meeting Participation Statement
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 : email _ brewster-ma . gov. To view the :
Live broadcast : Tune to Brewster Government TV Channel 18
Livestream : Go to www. livestream . brewster- ma . aov
Audio/video recording : Go to www , tv . brewster- ma , gov
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To submit public comments or questions before or during the meeting email :
conservationcommissionmeeting (cDbrewster-ma . clov
I
To join the meeting via Zoom , either use this link to the meeting :
https •//us02web zoom us/i/87491011103 ? pwd =VytlVno3NG5GZzJYR3dVRkJZdTN2dzO9
OR j
Go to https :Hzoom . us/join , and if necessary , download the Zoom app . Once you are in Zoom ,
enter the meeting ID number 874 9101 1103 , hit enter, then enter the password 809516 .
To join the meeting by phone , call 1 929 436 2866 , then enter the meeting ID # 874 9101 1103 j
One tap mobile : + 19294362866 „ 874 9101 1103# US ( New York)"
Under MA General Laws Chapter 40, Section 8C,
MA General Law 131, §40, Wetlands Protection Act
Massachusetts Department of Environmental Protection
( M . G . L , C . 131 . §40) ,
And
Code of the Town of Brewster Chapter 172 ,
Brewster Wetlands Protection By- law ( BWP By -law)
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Brewster Conservation Commission Minutes November 24 , 2020 1 1
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Under M . G . L. C . 131 . §40 And BWP By - law
Public Hearings
Requests for Determinations of Applicability
Town of Brewster requests determinations as to whether the area — coastal wetlands , and the work —
seasonal installation of an interpretive sign - are subject to the Wetlands Protection Act and
jurisdiction of the BWP Bylaw. Property is on 0 Breakwater Road , 58/31 (4/55 -1 ) .
Public Hearings
Requests for Determinations of Applicability
Summary of Applicant Testimony
Chris Miller , Natural Resources Director , Town of Brewster , represented the applicant. He described the
resource areas and project as contained in the Request for Determination and plan * . He explained that the
interpretive signs are a part of a county-wide effort to describe the history of the various town landings . The
sign here will be located in the ("cul-de-sac') area known as Little Breakwater Landing and will focus on the
historic ships which docked at the landing , and other historic issues .
Summary of Public Comments
The public had no comment ,
Evans moved , Wells seconded the motion to close the public hearing and issue determinations , as shown :
Negative Determination
2 . The work described in the Request is within an area subject to protection under the Act , but will not
remove , fill , dredge , or alter that area . Therefore , said work does not require the filing of a Notice of
Intent .
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 " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
* List of documents submitted for the Request for Determination and discussed at this hearing
1 . Carroll Johnson , PE Site Plan , Breakwater Stairway Access Town of Brewster 10/16/96
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Town of Brewster requests determinations as to whether the area — coastal wetlands , and the work —
seasonal installation of an interpretive sign — are subject to the Wetlands Protection Act and
jurisdiction of the BWP Bylaw. Property is on 0 Paine's Creek Road , 38/28 ( 2/1 ) .
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Summary of Applicant Testimony
Chris Miller , Natural Resources Director, Town of Brewster, represented the applicant . He described the
resource areas and project as contained in the Request for Determination and plan * . He stated that the
interpretive sign will be placed at Mant' s Town Landing on Paine' s Creek Road , and explained that the
interpretive signs are a part of a county-wide effort to describe the history of the various town landings . The
sign in this area will focus on the shellfish industry and its long history .
Summary of Public Comments
The public had no comment ,
Wells seconded the motion to close the public hearing and issue determinations , as shown :
Evans moved , I
Negative Determination
2 . The work described in the Request is within an area subject to protection under the Act , but will not
remove , fill , dredge , or alter that area . Therefore , said work does not require the filing of a Notice of
Intent .
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 . i
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The Conservation Commission unanimously approved the motion .
" Bruce Evans , 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 . Site Plan , Cleengineering Mant' s Landing , date NA
2 . Mant' s Landing Key Map date NA
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Brewster Conservation Commission Minutes November 24 , 2020 2
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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 )
Following review of findings under the WPA and BWP By - law and special conditions under
the BWP By-law, Evans moved , Wells 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 .
" 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, 91 /5 (7/7 )
Following review of findings under the WPA and BWP By - law and special conditions under
the BWP By -law, Evans moved , Wells 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 .
" Bruce Evans , Aye " , " Greg Scalise, Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
Continued - Corcoran Jennison Management proposes enhancements to improve the ecology of a
pond — work is within Inland Wetlands and River, on Mariner' s Court and Ocean Edge Drive , 90/160
( 14/1 -19 ) .
Following review of findings under the WPA and BWP By -law and special conditions under
the BWP By-law, Evans moved , Wells 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 .
" Bruce Evans , Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
Continued - 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 ) .
Following review of findings under the WPA and BWP By - law and special conditions under
the BWP By -law, Evans moved , Wells 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 .
" Bruce Evans , Aye " , "Greg Scalise, Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
Continued - Randi A and John E Hofmann propose to prune for a view, expand a patio and re-
surface a driveway using pervious pea -stone , within 50 feet of Inland Wetlands , on 64 Bates Lane ,
68/33 ( 16/13 ) .
Following review of findings under the WPA and BWP By -law and special conditions under
the BWP By-law, Evans moved , Wells seconded the motion to close the hearing , approve the
project. . . with findings and special conditions as amended , and issue an Order of Conditions .
The Conservation Commission unanimously approved the motion .
" Bruce Evans , Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
Continued Hearing — Amended Proposal - Gary Galonek proposes to construct additions to a single
family dwelling within 50 feet of Coastal Wetlands . Property is on 30 Swift Lane , 69/97 (6/3 ) .
The Conservation Commission continued the November 10 , 2020 hearing to allow the applicant to revise the
plan to eliminate the structure expansion in the 50 foot buffer zone and mitigate for illegal cutting on and/or
within 50 feet of a Coastal Bank .
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Summary of Applicant Testimony
" Matt Farrell , Present" ,
Matt Farrell , EIT, J M O ' Reilly , Inc . , represented the applicant . He explained that the revised plan * shows
elimination of the addition expansion into the 50 foot buffer zone (patio on proposed structure addition {
eliminated) , the existing historic structure moved further landward in the 50 foot buffer zone , and mitigating
for illegal cutting , in accordance with the Commission ' s requests on November 10 ,
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Chairmari Tobin remarked that the applicant responded well and appropriately to the requests of the
Conservation Commission to change the plan to protect wetland interests .
Brewster Conservation Commission Minutes November 24 , 2020 3
Following discussion and review of findings under the WPA and BWP By -law and special
conditions under the BWP By - law, Evans moved , Wells 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 .
" Bruce Evans , Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye"
Continued - Gary Galonek proposes sand nourishment in Coastal Resource Areas , on 30 Swift Lane ,
69197 (6/3 ) .
Matt Farrell , EIT , J M O ' Reilly , Inc . , represented the applicant
Following review of findings under the WPA and BWP By -law and special conditions under
the BWP By -law, Evans moved , Wells 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 .
" Bruce Evans , Aye " , "Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
Robert Schlegel and Janet Fogel propose to cut vegetation for views to Long Pond , within 100 feet
of Inland Wetlands on 286 Landing Drive 82/3 , (48/ 1 -3 ) .
The project is 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
"Craig Schneeberger, Present" " Robert Schlegel , Present" , "Janet Fogel , Present"
John O ' Reilly , PE , PLS , JM O ' Reilly , Inc . represented the applicant . He introduced Craig Schneeberger ,
certified arborist , Bartlett Tree , Inc . , who described the resource areas and project as contained in the Notice
of Intent , narrative , variance request and plan * . Applicants Robert Schlegel and Janet Fogel also attended
remotely .
Mr. Schneeberger requested permission to limb a tree in the view corridor to allow it to remain healthy and
productive .
He and Mr. Schlegel also explained it is necessary to cut down (flush cut) a large pine tree which is
leaning and in danger of uprooting and destabilizing the steep inland bank , They would like to leave the
dead tree on the inland bank for wildlife as cover , and food for insects , etc . , until it deteriorates and
replenishes the soil , to serve the interest of wildlife habit under M . G . L. C . 131 . § 40 and the BWP By-law.
The Commission requested the applicant plant a native tree in an appropriate place within the 100 foot
buffer zone as added mitigation for this tree .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan* .
The Conservation Administrator referenced seemingly ambiguous conservation notes on the plan ; after j
which discussion occurred with agreement that pruning along the owners' deck will be allowed only if the
trees grow to interfere with the three proposed vistas .
Summary of Public Comments
The public had no comment ,
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EvanslWells continue the hearing to December 1 to allow the Conservation Administrator to draft findings
and special conditions for an Order of Conditions for the project , incorporating the particulars discussed
during this hearing . AU ** . 1
" Bruce Evans , Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye" , " Michael Tobin , Aye "
The Commission shall also await a response from the MA Division of Fisheries and Wildlife , MA Natural
Heritage and Endangered Species Program as to the project's occurrence in and potential effect
on . . . endangered species .
* List of documents submitted for the Notice of Intent and discussed at this hearing : 1
1 . J M O ' Reilly . . . Site Plan , , 11 /2/20 Narrative j
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Brewster Conservation Commission Minutes November 24 , 2020 4 1
James and Kathleen Bloomer propose to install a water main , improve and widen an existing paved
access road off Lower Road , in and within 50 feet of Inland Wetlands , on 100 Bloomer Path , 38/93
( 2164 - 1 ) .
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 , JM O ' Reilly , Inc . represented the applicant . He described the resource areas and
project as contained in the Notice of Intent , narrative , variance request and plan * . Mr. O ' Reilly stated the
asphalt driveway measures at most , approximately ten feet wide ; an unpermitted expansion of
approximately one foot .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan * ,
Discussion centered on illegal driveway paving in and within 100 feet of an inland wetland , which occurred in
May of 2005 .
The Commission discussed actions at this time such as requiring that portions of the asphalt pavement be
removed and replaced with gravel and other means of adequate drainage for protecting wetland interests ,
requiring the removal of invasive plant species with annual monitoring and subsequently replacing the
invasive plants with native shrubs , eta , in the objective of environmental protection .
Summary of Public Comments
The public had no comment ,
Evans/Wells continue the hearing to December 15 , to allow Commission reflection on these environmental
issues , and for the Conservation Administrator to draft findings and special conditions for an Order of
Conditions for the project . AU ** .
The Conservation Commission unanimously approved the motion .
" Bruce Evans , 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 Proposed Site Plan , 100 Bloomer Path . . . Showing Water Main and Site
Improvements , 11 /4/20 Narrative , Variance Request
Citizens ' Forum
The public had no comment at this time .
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Report of the Natural Resources Director/
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Under MA General Laws Chapter 40, Section 8C
Hunting Discussion for Freeman ' s Way South and Meetinghouse Properties
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Mr. Miller referenced the past hunting discussions the Conservation Commission has held , and the public
response primarily specific to hunting in the Punkhorn Parklands .
Mr . Miller added that the Select Board discussed the issue , informing him in particular that the board
received negative comments with respect to hunting in the Punkhorn Parklands ,
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He requested the Conservation Commission consider and vote on whether to allow hunting in the above
referenced properties ,
Following discussion , the Commission Evans/Wells unanimously approved the 2020 -21 hunting
policy as amended to eliminate hunting in the Punkhorn Parklands .
The Conservation Commission unanimously approved the motion .
" Bruce Evans , Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
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Report of the Conservation Administrator CA
The CA had no report at this time .
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Violation/Enforcement Order Ratification
David Karam , 330 Main Street, 15/20 ( 21 /30 =19 ) , construction of addition , retaining walls
and patios , vegetation clearing within 50 and 100 feet of inland wetlands , in violation of
M . G . L . C . 131 . §40 and BWP By -law.
Mr. Karam did not appear at this meeting . The Conservation Commission issued one notice of
violation (fine ) .
Following discussion , the Conservation Commission voted unanimously to ratify the enforcement
order and fine . The Conservation Commission unanimously approved the motion .
" Bruce Evans , Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
Request for Certificate of Compliance —
" Keith Johnson , Present" , Keith Johnson , Billingsgate Land Management , attended by remote
presentation
1 . Whicher, SE 9 - 1470 , 83 Dune Road , 79/35 (6/18 )
The Conservation Administrator recommended that the project complies with the Order of
Conditions , and to issue a Certificate of Compliance . Evans/Wells
The Conservation Commission unanimously approved the motion .
" Bruce Evans , Aye " , " Greg Scalise, Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
Requests for Administrative Review
1 . Green , 170 Crowell ' s Bog Road , 61 / 16 (49/50 ) shed construction
Due to lack of fee submittal , the Commission took no action on this project .
2 . Hall , between 29 and 45 Elbow Pond Drive , vegetation removal
3 . Sundermier, 70 Marshview Lane , 127/10 ( 10/20 =77 ) tree trimming
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 projects under Administrative
Review . Evans/Wells ; Ratify .
The Conservation Commission unanimously approved the motion .
" Bruce Evans , Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
Review of Plan Change
1 . Sea Pines Condominium Association , SE 9 =1751 , for reconstruction and expansion of a j
landing , beach walkway , installation of snow fencing , etc . , requests as to whether adding
a row of snow fence parallel to the existing permitted fencing , shall constitute a minor
change to plan = on Sea Pines ' Drive , 78/77 ( 6/20 ) .
The Conservation Commission agreed the above plan change shall be considered minor, and
approved . This newly submitted plan shall be designated by the Conservation Administrator as
the approved plan of record . Evans/Wells AU ** .
The Conservation Commission unanimously approved the motion .
" Bruce Evans , Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye "
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Review and Approval of Minutes
1 . . October 30 , 2020
** Having reviewed the above referenced minutes , the Commission approved them as written .
Evans/Wells** .
The Conservation Commission unanimously approved the motion .
« Aye " , „ « ,� « ” j
Bruce Evans , Greg Scalise, Aye , Peter Wells , Aye " , Michael Tobin , Aye
Any Topics not reasonably anticipated by the Conservation Commission Chairman
No topics discussed .
Evans/Wells ** adjourn .
The Conservation Commission unanimously approved the motion .
" Bruce Evans , Aye " , "Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye " j
Adjourned at approximately 8 : 00 PM .
Carol Spade
** ( Commissioner) Moved , ( Commissioner) Seconded . Denied = D Approved = A Approved
Unanimously = AU .
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*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. 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 htta.'//town. brewsterma. us
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