The URL can be used to link to this page

Home My Public Portal AboutConservation Commission -- 2020-12-15 Minutes Brewster Conservation Commission Minutes — Meeting Under F` r 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 15 , 2020 meeting of the Brewster Conservation Commission at 7 : 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" , "Greg Scalise , Present" , " Michael Tobin , Present" , " Peter Wells , Present" , Chris Miller, Present" , " Carol Spade , Present" Not Present Vice Chairman Nicole Smith i Chairman Tobin read into the record , the legal information required of him by the Open Meeting Law, and the necessary legal information relative to Governor Charles Baker' s orders suspending certain provisions of the Open Meeting Law due to the Covid 19 Pandemic . He explained to the public the strict limits on the number of people that may gather in one place and the way in which the public can participate remotely . ' He also explained where the meeting packet information and meeting recordings can be found and where to send comments , all as contained on the posted agenda . Notices of Intent Public Hearings Under M . G . L. C . 131 . §40 And BWP By -law Request for Determinations of Applicability Stanley and Joseph Werzanski request determinations as to whether the area — coastal wetlands , and the work — expanding a licensed aquaculture grant, expansion of which was approved by the MA Division of Marine Fisheries , the Town of Brewster Select Board and Brewster Natural Resources Department - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is north of Mant' s Town Landing , 38/28 . i Summary of Applicant Testimony i Natural Resources Director Chris Miller represented the applicant . He described the resource areas as not j containing a significant amount of shellfish , eelgrass or other marine species which would be adversely impacted by the activities involved in this one-mile , northerly expansion to an existing aquaculture grant , i He stated further that MA Division of Fisheries has formally approved the project , as has the Natural j Resources Department , The Brewster Select Board , which holds Mant' s Town Landing under its legal care , custody and control , approved the shellfish expansion as well . i Summary of Public Comments The public had no comment , Summary of Staff/Conservation Commission Comments The Conservation Administrator recommended the Conservation Commission issue Negative Determinations 2 and 6 . Evans moved , Kaser seconded the motion to close the public hearing and issue determinations , as shown : { i i { Brewster Conservation Commission Minutes December 15 , 2020 1 i 1 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 " , " 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 . Aquiculture Expansion Area , etc . , Mant' s Landing , Oliver Map Showing Mant' s Landing Notices of Intent Town of Brewster Department of Public Works proposes stormwater and other improvements to approximately 2 . 5 miles of Millstone Road including widening the road and constructing a sidewalk. Some of the work is proposed to be within 100 feet of inland wetlands on 99 and 103 Millstone Road , Assessors ' Map 101 , Parcels 78 and 79 . 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 . * " Patrick Ellis , Present" , "Tori Brown , Present" , " Gene Crouch , Present" , " Steve Rhoads , Present" Summary of Applicant Testimony Patrick Ellis , Superintendent , Town of Brewster Department of Public Works , and Tori Brown , Environmental Consultant , Gene Crouch , Senior Environmental Consultant , and Steve Rhoads , PE , all of the firm , VHB , represented the applicant . Mr. Ellis introduced the project which he stated benefits the environment in that it will enable pedestrians and cyclists in addition to motor vehicles , to use Millstone Road . Housing along the road has multiplied over the years , transforming it from a rural road to an area of many homes . The road is proximate to Nickerson State Park and the State-owned Cape Cod Rail Trail bike path , which benefits the environment in that residents will no longer be forced to drive to access these and other areas . , Tori Brown described the one resource area located in the 2 . 5 mile long project , as contained in the Notice of Intent , narrative , variance request and plans*. She added that VHB assumes the wetland is regulated as Isolated Land Subject to Flooding and an Isolated Wetland under the MA WPA and BWP Bylaw, respectively. I' At present , the wetland has no drainage system , and the Notice of Intent proposes drainage management. Mr. Rhoads described the proposed drainage systems . Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plans* , i l The Conservation Administrator explained that the Town constructed Millstone Road before enactment of 1 either the Wetlands Protection Act or the BWP By- law* . j Ms . Aguiar stated that the Commission must assess the proposed Stormwater Management required in the Notice of Intent , as to whether it effectively addresses removal of the toxic contaminants from motor vehicles on Millstone Road , I She added that the Conservation Commission must also assess in the Notice of Intent , the 2 '/z foot expansion activities in and/or toward the wetland which include clearing trees and road related elements . 1 Under the Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection Bylaw (BWP Bylaw) Wetland Regulations 1 . 01 — 9. 15 Variance Provisions, a variance may be granted , contingent on : • Mitigating measures that will allow the project to be conditioned so that It contributes to the protection of the resource values identified in the Wetlands Bylaw, Brewster Conservation Commission Minutes December 15 , 2020 2 1 • 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; and That the project is necessary to accommodate an overriding public Interest. The Commission must assess whether the activities meet those requirements such that it can issue an Order of Conditions approving the project. Summary of Public Comments "William Henchy , Present" Mr. William Henchy attended by remote participation . He stated he is an abutter to , and an attorney representing Brewster citizens registering their concern over the proposed project . Mr. Henchy maintained the Conservation Commission should not have opened the Public Hearing , because the applicant had not applied with the Planning Board for a permit under the Scenic Roads ' Act, and other permits required by local By- law* . Discussion centered on this subject . Ms . Aguiar stated she contacted officials of the Building Department , Health Department and Planning Department ; all but the Planning Department have responded . Mr. Henchy stated further that the wetland exhibits evidence of vernal pool species . In 2013 , the Conservation Commission took enforcement action on his then-client , A landscaper the owner hired had deposited grass clippings into the wetland , He stated this enforcement was based in part because the wetland was considered a possible vernal pool . During the course of discussion , Mr. Henchy stated that through him , the citizens registering concern for the proposal intend to submit the required information to officially certify the wetland as a vernal pool under the MA Natural Heritage and Endangered Species Program, in the spring of 2021 . Mr. Henchy also believed the Notice of Intent to be lacking the alternative analysis required under the BWP By- law for work proposed within 50 feet of the wetland , and Engineering Site Plans showing the height of groundwater next to drainage systems . " Maureen Findlay , Present" Maureen Findlay , PE , attended remotely . She believed the submitted plan (s) do not clearly show the depth of groundwater next to the wetland , as contained in detail in a letter she wrote , and which Mr. Henchy submitted . She believed plans must show that the drainage systems are not located in the groundwater. i Evans/Kaser continue the hearing to January 12 , 2021 , to allow the applicant to consider the information discussed . AU ** , " Bruce Evans., Ayen "Gary Gary Kaser, Ayen " Greg Greg Scalise, Aye , " " Peter Wells , Aye " " Michael Michael Tobin , Aye " * List of documents submitted for the Notice of Intent and/or discussed at this hearing , 1 . VHC Site Plans pages 1 — 10 11 /25/20 Narrative , Variance Request, Stormwater { Management Memorandum and Checklist 2 . Regulations of the Wetlands Protection Act, 310 CMR 10. 05 Section 3E Obligate vertebrate or invertebrate amphibian species - species entirely dependent on a vernal pool for all or part of its life cycle Facultative vertebrate or invertebrate amphibian species - species not entirely dependent on the vernal pool , which can survive in other types of wetlands Continued Hearing 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 ( 2/64- 1 ) . j 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 ) I The Conservation Commission unanimously approved the motion . l Brewster Conservation Commission Minutes December 15 , 2020 3 I " Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye " Citizens ' Forum The public had no comment at this time . Report of the Natural Resources Director The Natural Resources Director had no report at this time . Report of the Conservation Administrator The Conservation Administrator reported on a request from Consultant George Reilly with regard to his clients on 73 Hamilton Cartway , to waive the Commission ' s requirement to remove a dock within 30 days and requested time to propose a reasonable alternative , Ms . Aguiar relayed that she notified the property owners previously , that the unpermitted dock is in violation of the following : The Massachusetts Wetlands Protection Act M . G . L . c . 131 , § 40 and the Brewster 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 . As Small 's 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 . The Commission consensually agreed the Conservation Administrator shall write a letter to the applicants , stating the dock shall be removed . Show Cause Hearing/Violation 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. Ms . Aguiar explained that she issued two Notices of Violation to the property owner and numerous enforcements , with no responses . j As determined on December 1 , the Conservation Commission shall issue weekly Notices of Violation ($300 . 00 each) to Mr. David Karam , until compliance . I Review and Approval of Minutes November 24 , 2020 Postponed . i Any Topic not reasonably anticipated by the Conservation Commission Chairman Casey Dannhauser has applied to become a member of the Brewster Conservation Commission , Ms . Aguiar read aloud , her resume and accompanying letter, i i Adjourned at approximately 8 : 30 PM . Carol Spade " Bruce Evans , Aye " , "Gary Kaser, Aye " , " Greg Scalise, Aye , " " Peter Wells , Aye " , " Michael Tobin , Aye " **(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 . I Brewster Conservation Commission Minutes December 15 , 2020 4 I i 3 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 1/1/05 4. Administrative Report of the Conservation Administrator 5. Meeting video recording, Town of Brewster Website http:11town. brewster. ma. us i a i i i I i 1 i 1 I I 1 I I i I '1 1 I 33 I Brewster Conservation Commission Minutes December 15 , 2020 5