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Home My Public Portal AboutConservation Commission -- 2020-12-01 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 , December 1 , 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 , Natural Resources Director Chris Miller, Carol Spade Bruce Evans , Present" , " Greg Scalise , Present" , " Michael Tobin , Present" , " Peter Wells , Present" , Chris Miller, Present" , " Carol Spade , Present" Not Present Vice Chairman Nicole Smith , Conservation Administrator Noelle Aguiar 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 : email6Zbrewster-ma . gov . " j i The Public Meeting Packet for the hearings is available for download at . { http • //records . brewster-ma . pov[WebLin k/0/fol/118271 / Row1 . aspx 1 Send comments on items from the Conservation Commission agenda to . conservation meetinnAbrewster-ma . gov Code of the Town of Brewster Chapter 172 , Brewster Wetlands Protection By - law ( BWP By - law Under MA General Laws Chapter 40, Section 8C 106 McGuerty Road — LAND Program Local Acquisitions for Natural Diversity Project Agreement between the Town of Brewster and Commonwealth of MA EOEA Div. of Conservation Services - Signatures of Conservation Commission Evans/Kaser Approve and sign the above . AU ** " Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise , Aye , " Peter Wells , Aye " " Michael Tobin , Aye " Under M . G . L . C . 131 . §40 And BWP By - law Public Hearings - ; Notice of Intent Continued - 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 ) . � r Brewster Conservation Commission Minutes December 1 , 2020 1 1 The proponent received a letter from Everose Schluter, PhD , Assistant Director, MA Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program ( NHESP) , determining that the project : "will not adversely affect the actual resource area habitat of state listed rare wildlife species . . . . also , under the MA Endangered Species Act ( MESA) . . . . that the project will not result in a taking of rare wildlife . This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination , or if there is a change to the project. " Summary of Applicant Testimony "John O ' Reilly , Present" , " Robert Schlegel , Present" , "Janet Fogel , Present" John O' Reilly , PE , PLS , JM O' Reilly , Inc. represented the applicants , who attended . He stated the owners would like the option of planting two shrubs or one tree as replacement for tree removal on an inland bank . 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 amended as discussed , and issue an Order of Conditions . The Conservation Commission unanimously approved the motion . " Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye " Continued - 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 ) . John O ' Reilly , PE , PLS , JM O ' Reilly , Inc. represented the applicants . Discussion centered on a recent traffic accident which damaged an existing water pipe running east-west to connect the wetlands on either side of the driveway . The Commission consensually agreed a revised plan depicting replacing the damaged pipe to allow free flow of water between the wetlands , might serve as mitigation for the violation * which occurred in 2015 . Also , the plan shall depict widening the driveway using impervious gravel to no more than 10 feet and pruning on either side to no more than four feet . Evans/Kasen continue the hearing to December 14 , 2020 , to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project . 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 discussed at this hearing : 1 . Conservation Commission Minutes , November 24 , 2020 s Citizens ' Forum The public had no comment at this time . Violation/Show Cause Hearing 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 attend this Show Cause Hearing . Mr. Miller stated that he acknowledged (signed Certified Main receipts) that he received all i communications and Notices of Violation (fines under the WP By-law) . Discussion centered on issuing further fines and Mr . Karam ' s obligation to appear before District Court if he fails to comply . The Conservation Commission determined it shall issue weekly Notices of Violation ($300 . 00 each) to Mr . David Karam , until compliance . i Report of the Natural Resources Director ( NR ) Brewster Conservation Commission Minutes December 1 , 2020 2 1 i The NR had no report at this time . Request for Certificate of Compliance 1 . Carty/Pohly, SE 9 -1758 , 42 Konohassett Cartway , 72/25 (41 /11 ) The Conservation Administrator recommended that the project complies with the Order of Conditions and to issue a Certificate of Compliance . Evans/ Kaser The Conservation Commission unanimously approved the motion " Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye " Review of Plan Changes 1 . Stevens , SE 9 -1843 , vista vegetation management - request as to whether removal of a damaged beech tree and planting three native bayberry shrubs for mitigation shall constitute a minor change to plan - on 203 Leland Road , 33/5 (36/ 119 ) . 2 . Pierson , SE 9-1824, construction of access stairs , additions , a garage, and expanded driveway, invasive species removal and planting native plantings — request as to whether installing a fence along the property line shall constitute a minor change to plan - on 289 Crocker Lane , 69/7 (5/200) . The Conservation Commission agreed the above 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 The Conservation Commission unanimously approved the motion . " Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye " Review and Approval of Minutes 1 . November 10 , 2020 ** Having reviewed the above referenced minutes , the Commission approved them as written . Evans/Kaser The Conservation Commission unanimously approved the motion . " Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye " I Any Topics not reasonably anticipated by the Conservation Commission Chairman No topics discussed . i Evans/Kaser The Conservation Commission unanimously approved the motion . " Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye " Adjourned at approximately 6 : 30 PM . Carol Spade i **(Commissioner) Moved , ( Commissioner) Seconded . Denied = D Approved = A Approved Unanimously = AU . *Note : The words, "wetland" and "resource area " are synonymous , 1 The 100 and 50 foot buffer zone is the protective upland area located within 100 and 50 feet of a wetland , i 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. i The Brewster Wetland Protection By-law was adopted on December 10, 1984, Its Regulations were promulgated, May 27, 1986s 1 i 1 Brewster Conservation Commission Minutes December 1 , 2020 3 i 3 i 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 http.Y/town. brewster. ma. us I i i i i 1 i 1 1 J1 S 1 1 a i Brewster Conservation Commission Minutes December 1 , 2020 4 a I