HomeMy Public PortalAboutConservation Commission -- 2021-01-26 Minutes (2) Brewster Conservation Commission Minutes — MeetIng4 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 , January
26 , 2021 meeting of the Brewster Conservation Commission at 7 : 00 PM ,
Present
Chairman Michael Tobin , Commissioners Casey Dannhauser, Bruce Evans , Gary Kaser, Greg Scalise ,
Peter Wells , Conservation Administrator Noelle Aguiar , Natural Resources Director Chris Miller, Carol
Spade
" Casey Dannhauser, Present" , Bruce Evans, Present" , "Greg Scalise , Present" , " Michael Tobin ,
Present" , " Peter Wells , Present" , Chris Miller, Present" , " Noelle Aguiar, Present" , " Carol Spade ,
Present"
Not Present
Vice Chairman Nicole Smith
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 .
Public Hearings
Continued Public Hearing - Dana and Christine Erikson propose to remove ten trees and invasive
plant species and plant native plant species as replacement for all , within 100 feet of Inland
Wetlands , on 148 Griffith ' s Pond Road , 54/7 (35/82 -1 **AU
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The Conservation Commission continued the January 12 hearing for the Conservation Administrator to draft
findings and special conditions for an Order of Conditions for the project .
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The Conservation Administrator explained that both the applicant' s representative , Mr. Phil Cheney , and the
Commission previously reviewed findings under the WPA and BWP By- law and special conditions under the
BWP By-law :
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However, due to a technical error resulting in no file number issuance from MA Department of
Environmental Protection (DEP) showing the application under the State is complete , the Commission I
cannot close the hearing at this time . The applicant has requested a continuance to February 9 .
Evans/Kaser Continue the public hearing to February 9 , 2021 , AU **
" Casey Dannhauser, Aye " , " Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise, Aye , " " Peter
Wells , Aye " , " Michael Tobin , Aye "
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Continued Public Hearing - Ellis Landing Park Condominiums propose repairs and modifications to
an existing stone revetment, on and within 50 feet of Coastal Wetlands , on 10 , 16 , 26 , 30 and 36
Nancy May Path (Common Area ) , 91 /798 , 799 , 800 , 801 , 802 , 803 (7/11 A , on ) .
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Brewster Conservation Commission Minutes January 26 , 2021 1
The Conservation Administrator informed the Commission that she met on the project sites with Coastal
Processes Specialist Greg Berman the previous week , to review the coastal areas and the proposed project .
He has not had the time to submit an official recommendation to the Conservation Commission .
The project proponent submitted a written request to continue the above hearing to February 9 , 2021 .
Evans/Kaser Continue to 2/9/21 . AU **
*Casey Dannhauser, Aye" , " Bruce Evans , Aye" , " Gary Kaser, Aye" , "Greg Scalise , Aye, " " Peter
Wells , Aye " , " Michael Tobin , Aye"
Continued Public Hearing - Robert Tulloch , Northeast Construction , Inc . , proposes to delineate
material storage areas for a commercial use , entailing constructing an earthen berm to control
activity in the buffer zone to inland wetlands on Parcels 19 , 20 and 21 on Commercial Street, 77/19 ,
210 22 (27/17-21 31 4) .
"John O ' Reilly , Present"
The Conservation Commission discussed the 50 foot buffer zone . As shown on the revised plan* and
requested by the Commission at the original hearing * , the proposed berm and all impacts are now outside of
the protective 50 foot buffer zone area .
The Commission shall add a special condition to the Order of Conditions specific to the removal area of the
storage items now in the 50 foot buffer zone , stating that the applicant shall monitor these areas . If, after two
growing seasons bare areas fail to fill in and cause erosion into the wetlands , the applicant shall plant native
mitigation plantings*** appropriate for the area .
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 .
" Casey Dannhauser, Aye" , " 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 , Northeast Construction revised 1 /15/21
Continued Public Hearing Timothy M Corcoran proposes to construct an in -ground pool and
Impervious stone patio within 100 feet of inland wetlands on 524 Crowell 's Bog Road , 72/36 (41 /84) .
John O ' Reilly , J M O' Reilly , Inc , , attended remotely as representative of the applicant .
Evans/Kaser continue the hearing to February 9 , 2021 , to await a response from the MNHESP regarding
the project' s impact to endangered or threatened plant and wildlife habitat, and rare or threatened wetlands
wildlife* .AU
" Casey Dannhauser, Aye " , " 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 , 524 Crowell 's Bog Road , revised 1 /15/21 , Narrative
Pamela Dahikamp proposes sand nourishment on Coastal Wetlands , on 276 and 282 Breakwater
Road , 58/34 and 35 (4/13 , 4/14) .
Summary of Applicant Testimony
" Robert Perry, Present"
Robert Perry , PE , Cape Cod Engineering , Inc . , represented the applicant , He described the resource areas
and project as contained in the Notice of Intent, narrative , variance request and plan *, He added that the
property owners have been in this position since abutters built Coastal Engineering Structures (CES) to
protect their properties . (A CES contributes to loss of beach area further removed from the structure ,
depriving bank sediment from supplying sand to Coastal Resource Areas and moving in the littoral drift. )
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.
Brewster Conservation Commission Minutes January 26 , 2021 2
Evans/Kaser continue the hearing to February 9 , for the Conservation Administrator to draft findings and
special conditions for an Order of Conditions for the project .
The Commission shall also await a file number from MA Department of Environmental Protection (DEP) ,
showing the application under the State is complete . **AU
" Casey Dannhauser, Aye " , " 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 . Cape Cod Engineering . . . Topographic Plan . Sand Nourishment 276 and 282 Breakwater
Road , 1 /4/21 Narrative , Variance Request
The Conservation Commission unanimously approved the motion .
" Bruce Evans , Aye " , " Gary Kaser, Aye" , " Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin ,
Aye "
The Conservation Commission heard the following proposals located on 73 Brier Lane , in one
hearing .
John B and Kathleen J Galiney propose to construct a single family dwelling on Subdivision Lot 2
within 100 feet of Inland Wetlands , and remove an existing driveway located within 50 feet of Inland
Wetlands on Subdivision Lot 2 , off 73 Brier Lane , 48/7 (23/104 ) .
John B and Kathleen J Galiney propose to construct a new driveway to serve an existing dwelling on
Lot 1 , within 100 feet of Inland Wetlands , 73 Brier Lane , 48/7 (23/10 -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 , 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 plans* .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plans* .
Discussion centered on the area proposed for driveway relocation . The site plan conservation notes show
the existing driveway is proposed to be removed of gravel and other material , returned to grade level , j
covered with three inches of loam and seeded with a dry meadow mix or a Conservation Commission
approved alternative .
Ms . Aguilar stated that mitigation with native shrubs is needed for this area within 50 feet of wetlands . She
recommended the Conservation Commission require a revegetation plan showing a diverse shrub/tree mix
from the Cape Cod Cooperative Extension Service (www. capecodextension , org) , list of acceptable plantings
for fresh water buffer zones , depicting the species , size and natural spacing of plants appropriate for this
environment , thickly spaced enough to protect the wetland .
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Mr. O' Reilly stated the property owners agree to the driveway native shrubs/trees , however would like native
grasses that they can maintain as a lawn area , directly in front of the proposed new dwelling . The
Conservation Commission consensually agreed to allow a native lawn within 100 feet , but not within 50 feet
of the inland wetlands .
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Summary of Public Comments
Ms . Aguiar read an electronic communication from abutter Nathan Jodal , in support of the projects .
Evans/Kaser continue the hearing to February 9 , 2021 , to allow the applicant to submit a planting plan
showing the shrubs/trees as discussed , and for the Conservation Administrator to draft findings and special
conditions for an Order of Conditions for the project . AU ** .
" Casey Dannhauser, Aye " , " 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 :
Brewster Conservation Commission Minutes January 26 , 2021 3
1 . J M O ' Reilly . . . Site and Sewage Disposal Plan 73 Brier Lane, 1 /6/21 , Narrative , Variance
Request
2 . J M O ' Reilly . . . Proposed Site Plan Showing New Driveway 73 Brier Lane , 1 /6/21 , Narrative,
Variance Request
G Howard Hayes , Trustee , Corcon Nominee Trust, proposes to remove trees for solar and safety
reasons , and plant native trees and shrubs as mitigation , within 100 and 50 feet of Inland
Wetlands , on 239 Leland Road , 23/17 (36/111 ) . **AU
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 . He introduced Mr.
Craig Neuberger, Bartlett Tree , Inc.
" Craig Neuberger, Present"
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan* .
In answer to the Conservation Commission ' s desire that the proponent not remove most of the existing
trees and to plant new trees , Mr. Neuberger stated that the inland bank is too steep for trees in most
areas ; they would topple in time , and in the process , destabilize the bank . However, the inland bank
lacks shrubs necessary for erosion control into the wetland and important as wildlife habitat .
Through the course of discussion for this project , Mr. Neuberger maintained that the Commission set a
precedent in allowing extensive tree removal for solar panels approximately five lots from the subject
property .
Summary of Public Comments
"James Gately, Present"
Mr. James Gately , abutter to the project , attended by remote participation . He commented that
although some of the trees are in need of removal due to safety and solar considerations , not all of
them should be removed .
Evans/Kase r continue the hearing to February 9 , to allow the applicant to revise the planus discussed ,
and for the Conservation Administrator to draft findings and special conditions for an Order of
Conditions for the project AU** .
" Casey Dannhauser, Aye" , " 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 , 239 Leland Road , 1 /4/21 Narrative, Variance Request
Bruce and Rina Caldwell propose to relocate an existing dwelling beyond 100 feet of Coastal
Wetlands , and construct a new dwelling partially within 100 feet of Coastal Wetlands , on 79 and 87
Byfield Cartway, 50/6 and 7 , (3/41 3/5 ) .
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 . He described the resource areas and
project as contained in the Notice of Intent, narrative and plan* .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan* .
Ms . Aguiar had the following comments :
Brewster Conservation Commission Minutes January 26 , 2021 4
1 . The submitted plan depicts inaccurate coastal delineations fronting the proposals , Ms . Aguiar stated
that she met with Coastal Processes Specialist Greg Berman , who will submit recommendations
regarding the delineations .
2 . Illegal (unpermitted) coastal stairways front the subject properties .
3 . Illegal clear cutting exists on or within 50 feet of the top of Coastal Bank fronting all of the properties .
Summary of Public Comments
The public had no comment .
Evans/Kaser continue the hearing to February 9 , 2021 , to allow time for consideration of all items as
discussed . AU** .
" Casey Dannhauser, Aye" , " 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 , 1 . . . 79 and 87 By -field Cartway, 1 /6/21 , Narrative
Citizens ' Forum
The public had no comment at this time .
Report of the Natural Resources Director NR
The NR reported on a very busy department , and that he is about to submit a grant application for
engineering work for a boardwalk at Wing Island Property , with the Conservation Commission ' s
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accompanying letter of support.
Report of the Conservation Administrator CA
The CA reported on the following items :
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 .
In answer to a Commission question on the status of this violation , Ms . Aguiar explained that
upon visiting the property this week , she found that property owner David Karam has placed siltation
barriers within the 100 /50 foot buffer zones , and no additional work has taken place there .
On behalf of the Conservation Commission , she is continuing to issue weekly Notices of Violation
($300 , 00 each) ; however, the Commission has received no payment of the fines .
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Violation , 56 Underpass Road — Parking lot construction .
Ms . Aguiar stated that she discovered a violation on this property , in the form of construction of a
parking lot in jurisdictional areas . After speaking with the workers/property owners on the site , they
stopped work and stated that they will file an " after-the-fact Notice of Intent for the construction .
Any Topic not reasonably anticipated by the Conservation Commission Chairman
Commissioner Kaser expressed his frustration that he experiences a number of white tailed deer, daily on
his property near the Punkhorn Parklands , consuming native vegetation that he planted .
He is very sorry that the Conservation Commission did not vote to allow hunting in the Punkhorn Parklands
in its 2020-21 hunting policy .
Review of Plan Change
1 . Order of Conditions SE 9 -1817 , demolition and reconstruction of a single family dwelling -
request as to whether reduction in a deck, shall constitute a minor change to plan - 29
Captain Dunbar Road , 91 /37 (7112 )
2 . Order of Conditions SE 9 -1864,— pond activities , request as to whether construction of a split
rail fence shall constitute a minor change to plan — Mariner' s Court, 901160 ( 14/142)
3 . Determination of Applicability , extension of hardscape - request as to whether removal of a
tree limb shall constitute a minor change to plan , 345 Holly Avenue , 1125/98 (31 /116) .
The Conservation Commission agreed the above plan changes shall be considered minor, and
approved . All the newly submitted plans shall be designated by the Conservation Administrator as
the approved plans of record . Evans/Kaser AU ** .
Brewster Conservation Commission Minutes January 26 , 2021 5
"Casey Dannhauser, Aye " , " Bruce Evans , Aye " , "Gary Kaser, Aye " , "Greg Scalise , Aye , "
" Peter Wells , Aye" , " Michael Tobin , Aye"
4. Order of Conditions SE 9 -1861 , retaining wall construction - request as to whether annual
pruning shall constitute a minor change to plan 28 -32 Ocean Edge Drive ; 90/160 ( 14/1 )
The Conservation Commission took no action on this request . The applicant must file a new Notice
of Intent or request an Amendment to Order of Conditions SE 9- 1861 for the requested annual
pruning .
Request for Administrative Review
1 . 42 Warren 's Road , 38/75 , request to amend ratified Administrative Review for limb
pruning , to remove six non -native locust trees .
The Commission took no action on this request. It is beyond the scope of an Administrative
Review.
Review and Approval of Minutes
December 15 , 2020
Having reviewed the above referenced minutes , the Commission approved them as written .
Evans/Kaser AU ** .
" Casey Dannhauser Aye " , " Bruce Evans , Aye" , " Gary Kaser, Aye" , " Greg Scalise, Aye , "
" Peter Wells , Aye " , " Michael Tobin , Aye "
Evans/Kaser Adjourn .
" Casey Dannhauser, Aye" , " Bruce Evans , Aye " , " Gary Kaser, Aye" , " Greg Scalise, Aye , " " Peter
Wells , Aye " , " Michael Tobin , Aye"
Adjourned at 8 ; 55 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. The Vascular Plants of Massachusetts; A County Checklist
3. Massachusetts Department of Agricultural Resources , . . Invasive Plants in Massachusetts 111/05
4. Administrative Report of the Conservation Administrator
5. Meeting video recording, Town of Brewster Website http://town. brewsterma. us
Brewster Conservation Commission Minutes January 26 , 2021 6