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Home My Public Portal AboutConservation Commission -- 2021-01-12 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 Under the Massachusetts Open Meeting Law Chairman Michael Tobin called to order by remote participation , the Tuesday , January 12 , 2021 meeting of the Brewster Conservation Commission at 7 : 00 PM . Present Chairman Michael Tobin , Vice Chairman Nicole Smith , Commissioners Casey Dannhauser, Bruce Evans , Gary Kaser, Greg Scalise , Peter Wells , Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller " Casey Dannhauser, Present" , " Bruce Evans , Present" , " Greg Scalise, Present" , " Nicole Smith , Present" , " Michael Tobin , Present" , " Peter Wells , Present" , Chris Miller, Present" , " Noelle Aguiar, Present" , " Not Present Assistant Carol Spade 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 . ' i 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 . i Introduction of New Commission member Casey Dannhauser. Chairman Tobin introduced Casey Dannhauser to members of the Conservation Commission , The Conservation Commission welcomed her. Public Hearings Request for Determinations of Applicability 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 . * i Aimee Giles and Joe Hesse request determinations as to whether the area — buffer zone to inland wetlands , and the work — extension to hardscape and planting native plants - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 345 Holly Avenue, 125/98 (31 /116) . The project is located on the MA Natural Heritage and Endangered Species Map* as an area of rare plant and wildlife habitat ( NHESP) and rare wetlands wildlife ( MA DEP) . * Summary of Applicant Testimony " Phil Cheney , Present" Phil Cheney, Landscape Architect , represented the applicant . He described the resource areas and the project thoroughly, as contained in the Request for Determination , project narrative and plan* . a He discussed the portion of the project that is located within the MA Natural Heritage and Endangered Species (MNHESP) Map , s i Brewster Conservation Commission Minutes January 12 , 2021 1 i Summary of Public Comments The public had no comment . Summary of Staff/Conservation Commission Comments The Commission consensually determined that if it issues negative determinations , the applicant shall be allowed to undertake work on the project contingent on a response from the MNHESP , specifying requirements relative to endangered or threatened plant and wildlife habitat, and rare or threatened wetlands wildlife* . That requirement shall be included in the Determination . Evans moved , Kaser seconded the motion to close the public hearing , and issue negative determinations , as shown below : 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, including the condition stated above relative to MNHESP . 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 . "Casey Dannhauser, Aye" , " Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise , Aye , " Nicole Smith , Aye " , " Peter Wells , Aye " , " Michael Tobin , Aye " * List of documents submitted for the Request for Determination and discussed at this hearing 1 . Philip L Cheney Proposed Landscaping . . . 345 Holly Ave . . . , 12/23/20 Notices of Intent Continued - 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 applicant requested in writing , to continue the hearing until February 9 , 2021 . Evans/Kaser Continue to February 9 . UA** "Casey Dannhauser, Aye " , " Bruce Evans , Aye" , "Gary Kaser, Aye" , "Greg Scalise, Aye , " Nicole Smith , Aye " , " Peter Wells , Aye " , " Michael Tobin , Aye " 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 (35/82-108 ) . 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 Phil Cheney , Landscape Architect , represented the applicant. He described the resource areas and project as contained in the Notice of Intent, narrative and plan* . Mr. Cheney stated that the project includes removal of invasive plant species bittersweet , and trees including autumn olive and sycamore saplings . Additionally , Mr. Cheney stressed that the plan includes planting native viburnum* , a shrub high in wildlife value . Mr. Cheney stated further that he believes most of the project is outside of the MA Natural Heritage and Endangered Species Map* . Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan* , a The Commission consensually agreed that removal of the invasive plants will entail maintenance and a report following a period of time to ensure the invasive species do not re-emerge . The Commission will address this by means of its Special Conditions in the Order of Conditions . I j Brewster Conservation Commission Minutes January 12 , 2021 2 Summary of Public Comments The public had no comment . Evans/Kaser continue the hearing to January 26 , 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, " Nicole Smith , Aye " , " Peter Wells , Aye " , " Michael Tobin , Aye" The Commission shall also await a file number from MA Department of Environmental Protection (DEP) , showing the application under the State is complete , and a response from the MNHESP regarding the project's impact to endangered or threatened plant and wildlife habitat, and rare or threatened wetlands wildlife* * List of documents submitted for the Notice of Intent and discussed at this hearing : 1 . Cheney . . . Vista Pruning 148 Griffiths Pond Road 12/20/20 , Narrative 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 (7/114 , on ). 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 " Robert Perry , Present" Robert M Perry, PE , Cape Cod Engineering , Inc. , represented the applicant. He described the project as contained in the Notice of Intent , narrative , variance request and plan* . Mr. Perry spoke at length . Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan* . The Conservation Administrator stated the following : The plan submitted for this project , which spans five properties , does not specify the Coastal Resource Areas . i The applicants have not filed under the MA DEP or BWP By-law, to apply sand , and/or vegetation nourishment to the Coastal Beach fronting the revetment in approximately twenty-five years , when the Conservation Commission issued an Order of Conditions for the original revetment (SE 9-710) . Under the MA DEP and BWP By-law, the revetment must be conditioned to supply sand to the Coastal Beach such that it essentially functions as a natural Coastal Bank. The Conservation Commission consensually agreed to retain the services of Mr. Gregory Berman , PG , GISP , Coastal Processes Specialist for Barnstable County through the Cape Cod Cooperative Extension Service and the Woods Hole Sea Grant Program . i Summary of Public Comments The public had no comment. j 3 Evans/Kaser Continue to January 26 , 2021 , to allow Mr. Greg Berman to study and submit a written opinion on the project' s effect on Coastal Resource Areas , and for the applicant to file with and receive a response from the MA Division of Marine Fisheries as to the project's effect on marine fisheries . AU Casey Dannhauser, Aye " , Bruce Evans , Aye " , Gary Kaser, Aye" , Greg Scalise , Ae , Nicole i Smith , Aye " , " Peter Wells , Aye" , " Michael Tobin , Aye " 1 * List of documents submitted for the Notice of Intent and discussed at this hearing : 1 . Cape Cod Eng , Site Plan , Ellis Landing Park Condominiums , 12/9/20 Narrative , Variance Request 3 j� 1 1 Brewster Conservation Commission Minutes January 12 , 2021 3 Robert Tulloch , Northeast Construction , Inc. , proposes to delineate material storage areas for 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 , 21 , 22 (27/17-21 3 , 4 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, Present" John O' Reilly , PE , PLS , J M O ' Reilly , represented the applicant . He 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* . Vice Chairman Smith and others requested the working berm essentially follow the 50 foot buffer zone . Discussion followed , Mr. O ' Reilly will speak to the applicant relative to continuing the berm along the 50 foot buffer zone to avoid impacting the protective 50 foot buffer zone with activity in this area . Summary of Public Comments The public had no comment. Evans/Kaser continue the hearing to January 26 , 2021 , to allow discussion regarding keeping all activity outside of 50 feet of wetlands , 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 , " Nicole Smith , 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 12/18/20 Narrative , Variance Request 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 (41184) 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 John O' Reilly, PE , PLS , J M O ' Reilly , 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 *. 1 Commission discussion centered on proper drainage of the swimming pool ; in particular that the pool not drain into the protective 100 foot buffer zone to wetlands . Special Conditions shall include a condition addressing this protection . j The Commission further discussed the need to revise the mitigation plan relative to tree removal , and addressing wetland protection from the effects of this project , should the Conservation Commission issue an Order of Conditions approving the project . i Summary of Public Comments The public had no comment. Evans/Kaser continue the hearing to January 26 , 2021 , to allow the applicant to submit a revegetation plan showing in the 100 and protective 50 foot buffer zone , diverse shrubs and trees from the Cape Cod Cooperative Extension Service (www . capecodextension . ora) , list of acceptable plantings for fresh water buffer zones , depicting the species , size and natural spacing of plants appropriate for this environment . AU **. The Commission shall also 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* . i Brewster Conservation Commission Minutes January 12 , 2021 4 j i The Conservation Commission unanimously approved the motion . " Casey Dannhauser, Aye " , " Bruce Evans , Aye " , "Gary Kaser, Aye " , "Greg Scalise , Aye , " Nicole Smith , Aye " , " Peter Wells , Aye " , " Michael Tobin , Aye" Citizens' Forum The public had no comment at this time Report of the Natural Resources Director NR The NR requested Commission support for submittal of a grant application for funding constructing a new boardwalk at Wing Island Property, The Commission Consensually Approved sending an accompanying letter of support with this grant application . Report of the Conservation Administrator CA The CA had no report at this time. Requests for Administrative Review Martin , 45 Elbow Pond Drive, tree work Goyal , 130 Hillbourne Terrace, fence construction Brewster Conservation Trust, 200 Ellis Landing Road , cedar shims for biomimicry Barry, 98 Governor Prence , tree work Brewster Landing Condominiums , Sachemus Trail , tree work As contained in her Administrative Report and accompanying photos , the Conservation Administrator believed all of the above referenced projects meet parameters for activities under the Commission ' s Administrative Review process , and approved the projects under Administrative Review , Evans/ Kaser Ratify with conditions as discussed . AU ** "Casey, Dannhauser, Aye " , " Bruce Evans , Aye" , " Gary Kaser, Aye" , " Greg Scalise, Aye , " Nicole Smith , Aye " , " Peter Wells , Aye " , " Michael Tobin , Aye" Review of Plan Changes " Emma Vautour, Present" Emma Vautour, Blue Flax Design , attended . Order of Conditions SE 9 -1708 , coir envelopes , sand drift fence , etc . , - request as to whether removal of invasive species and planting appropriate native species shall constitute a minor change to plan on 289 Crocker Lane , 69/70 (5/200 ) Order of Conditions SE 9 -1830 , dock, coir rolls , etc . , — request as to whether changes to plantings shall constitute a minor change to plan — on 0 Holly Avenue, 125/91 (29/999) 3 Order of Conditions SE 9 -1808 shorefront protection — request as to whether relocation of access stairs, shall constitute a minor change to plan — on 306 Breakwater Road , 58/32 (4/11 ) Robert Perry , PE , attended on behalf of the applicants for Order of Conditions SE 9- 1808 : Order of Conditions SE 9 -1855 ; deck, etc . , reconstruction - request as to whether adding utilities in several areas shall constitute a minor change to plan - on 361 Slough Road ; 11 /50 (38/102 ) Order of Conditions SE 9 -1753 , vista clearing — request as to whether adding fencing and native plantings , shall constitute a minor change to plan — on 0 Lower Road , 49/135 (3/ 1644) "John Bruce , Present" John Bruce , BCT , attended , and explained that members of the public enjoy sliding down the dune . This fencing is an attempt to deter the public from that activity. The Conservation Commission agreed all of the above plan changes shall be considered minor, and approved with conditions as discussed . This newly submitted plans shall be designated by the Conservation Administrator as the approved plans of record . Evans/Kaser. AU** ,� Aye " , " Bruce Evans , Aye" , Gary Kaser, Aye " , Greg Scalise , Aye , Nicole Smith , Peter Wells , i Aye" , " Michael Tobin , Aye" F. 9 Review and Approval of Minutes ? November 24 , 2020 i I j j Brewster Conservation Commission Minutes January 12 , 2021 5 f i December 1 , 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 , " Nicole Smith , Aye" , " Peter Wells , Aye " , " Michael Tobin , Aye " Any Topics not reasonably anticipated by the Conservation Commission Chairman 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 as determined on December 1 , the Conservation Commission is continuing to issue weekly Notices of Violation ($300 . 00 each) to Mr. David Karam , until compliance . Adjournment Evans/Kaser Adjourn .AU** The Conservation Commission unanimously approved the motion . " Bruce Evans , Aye " , "Gary Kaser, Aye " , "Greg Scalise , Aye , " Nicole Smith , Aye " , " Peter Wells , Aye" , " Michael Tobin , Aye" Adjourned at 8 : 52 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 . j 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 htto.//town. brewster. ma. us i 1 j i i d I i i Brewster Conservation Commission Minutes January 12 , 2021 6 i i