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Home My Public Portal AboutConservation Commission -- 2021-02-09 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, Vice Chairman Nicole Smith called to order by remote participation , the Tuesday , February 9 , 2021 meeting of the Brewster Conservation Commission at 7 : 00 PM . Present Vice Chairman Nicole Smith , 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" , " Nicole Smith , Present" , " Peter Wells , Present" , Chris Miller, Present" , " Noelle Aguiar, Present" , " Carol Spade , Present" Not Present Chairman Michael Tobin Vice Chairman Smith read into the record , the legal information required 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 . She 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 . She 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 Town of Brewster Natural Resources Department requests determinations as to whether the area — inland and coastal wetlands , and the work — stream channel maintenance ( hand held tool removal of debris and fallen limbs and leaves ) to allow migration in diadromous fish passages - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 830 Stony Brook Road , 35/47 (36/21 ) . Summary of Applicant Testimony Chris Miller represented the applicant. He described the resource areas and project as contained in the Request for Determination and plan'` . Through the course of discussion , he explained that the work area begins at the bay and continues through all of the pond connections to the entire herring run . Mr. Miller relayed the history of the involvement of j the Town of Brewster in this process , explaining that the Natural Resources Officers and others have been clearing the fish passages to aid the fish migration on an informal basis historically and enjoy certain exemptions under the Massachusetts Department of Environmental Protection, but he believes the activity warrants formal permitting from the Conservation Commission , j i Summary of Staff/Conservation Commission Comments Commissioner Evans commented that the Town of Brewster abides by wetland laws in all its projects . l { I Brewster Conservation Commission Minutes February 9 , 2021 1 k Ms . Aguiar described the necessary requirements for the work to proceed , for protection of environmental interests , and explained that portions of the project are located on the Massachusetts Division of Fisheries and Wildlife Natural Heritage and Endangered Species map as Priority Habitat regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife . Any conditions detailed in a response from the Division of Fisheries and Wildlife shall be included as required conditions of this permitting process . She added that the work season is not, during the summer months when herring and other anadromous/diadromous fish are breeding . Summary of Public Comments The public had no comment , Bruce Evans moved , Gary Kaser seconded the motion to close the public hearing and issue determinations , as shown , pending a response from the Division of Fisheries and Wildlife , as discussed . 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. Please observe attached special conditions. 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" . Nancy Ortiz requests determinations as to whether the area — inland wetlands , and the work — replacing existing railroad tie steps , adding a rope railing and a seasonal aluminum dock - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 376 Run Hill Road , 34/64 (36/57) . Summary of Applicant Testimony " Nancy Ortiz, Present" Nancy Ortiz represented the applicant. She described the resource areas and project as contained in the Request for Determination and plan* . Summary of Staff/Conservation Commission Comments Ms . Aguiar stressed that the railroad tie steps shall be replaced with wood that is not chemically treated . A special condition in any issued Negative Determination shall clearly affirm this protection . Additionally , should the topography of the bank require a raised stairway it shall be constructed in the same footprint as the existing steps and shall not be enlarged . Should the Conservation Commission issue Negative Determinations approving the work , she will include special conditions specific to an elevated stairway as well . Summary of Public Comments The public had no comment. 3 Bruce Evans moved , Gary Kaser seconded the motion to close the public hearing and issue determinations , as shown : 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. Please observe attached special conditions . 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 1 i Brewster Conservation Commission Minutes February 9 , 2021 2 i * List of documents submitted for the Request for Determination and discussed at this hearing : 1 . Bennett and O' Reilly. Maintenance of an Existing Timber Dock in Lower Mill Pond , 12/16/96. 2. Bennett and O' Reilly, Inc. , Sewage Disposal System to Serve Proposed Dwelling , 376 Run Hill Road , Brewster, MA, 1 /24/01 . 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 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 has requested this filing be withdrawn without prejudice . Evans/Kaser**The Conservation Commission approved the motion . Casey Dannhauser, Aye" , " Bruce Evans , Aye " , " " Bruce Evans , Aye " , " Gary Kaser, No" , " Greg Scalise , Aye , " Nicole Smith , Aye " , " Peter Wells , Aye " . Continued - 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) . 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. Eligible voters: Casey Dannhauser, Bruce Evans, Gary Kaser, Greg Scalise, Peter Wells (5/0 ) . The Conservation Commission approved the motion . Casey Dannhauser, Aye " , " Bruce Evans , Aye ", " Gary Kaser, Aye " , " Greg Scalise , Aye , " " Peter Wells , Aye" . Continued - 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 ) . 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. Eligible voters: Casey Dannhauser, Bruce Evans, Gary Kaser, Greg Scalise, Nicole Smith, Peter Wells (6 -0 ) 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 " . Continued - 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 -1 , on ) . The project proponent submitted a written request to continue the above referenced hearing to February 23 2021 . ** Evans/Kaser AU , Casey , Dannhauser, Aye" , " Bruce Evans , Aye " , "Gary Kaser, Aye " , " Greg Scalise , Aye , " Nicole Smith , Aye " , " Peter Wells , Aye " . i Continued - Pamela Dahlkamp proposes sand nourishment on Coastal Wetlands , on 276 and 282 Breakwater Road , 58/34 and 35 (4/13 , 4/14) . i 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 . Eligible voters, Casey Dannhauser, Bruce Evans, Gary Kaser, Greg Scalise, Nicole Smith, Peter Wells (6 -0) 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" . i . I Brewster Conservation Commission Minutes February 9 , 2021 3 j Continued - 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 of Inland Wetlands on Subdivision Lot 2, off 73 Brier Lane , 4817 (23/10 -2) . 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 . Eligible voters: Casey Dannhauser, Bruce Evans, Gary Kaser, Greg Scalise, Nicole Smith, Peter Wells (6 -0) 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 " . Continued - 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 ) . 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. Eligible voters: Casey Dannhauser, Bruce Evans, Gary Kaser; Greg Scalise, Nicole Smith, Peter Wells (6 -0) 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 " . Continued - 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 ) . 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 . Eligible voters: Casey Dannhauser, Bruce Evans, Gary Kaser, Greg Scalise, Nicole Smith, Peter Wells (6 -0 ) 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 " . Continued - 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 , (3/4, 3/5) . The applicant submitted a written request to continue this hearing to February 23 , 2021 . ** Evans/Kaser AU . Casey Dannhauser, Aye " , Bruce Evans , Aye " , Gary Kaser, Aye " , Greg Scalise , Aye , " Nicole Smith , Aye " , " Peter Wells , Aye" . Report of the Natural Resources Director NR The NR reported that he submitted a grant application for engineering work for a boardwalk at Wing Island Property. Also , he is working with both the Natural Resources Commission and the Drummer Boy Committee on various issues . i Report of the Conservation Administrator CA The CA reported that with the spring season arising , she will be issuing letters to property owners on illegal docks in Brewster. Review of Plan Changes 1 . Order of Conditions SE 9 -1805, vista pruning - request as to whether modest annual vegetative pruning shall constitute a minor change to plan - Ocean Edge Drive, 90/160 (14/1 ) 2 . Order of Conditions SE 9-1869 , request as to whether vegetative changes to vista pruning shall constitute a minor change to plan - 286 Landing Drive, 82/3 (48/1 -3 ) i Brewster Conservation Commission Minutes February 9 , 2021 4 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 AU ** . Casey Dannhauser, Aye " , " Bruce Evans , Aye" , " Gary Kaser, Aye " , "Greg Scalise, Aye , " Nicole Smith , Aye " , " Peter Wells , Aye " . Requests for Certificates of Compliance 1 . Order of Conditions SE 9 -1543 , 38 Saint's Landing , aka 53 Byfield Cartway, 50/5 (3/3 ) 2 . Order of Conditions SE 9 -1694, 38 Saint's Landing , aka 53 Byfield Cartway, 50/5 (313 ) The Conservation Administrator recommended that the projects comply with the respective Orders of Condition and to issue Certificates of Compliance . Evans/Kaser AU ** Casey Dannhauser, Aye" , " Bruce Evans , Aye " , " Gary Kaser, Aye " , "Greg Scalise, Aye , " Nicole Smith , Aye " , " Peter Wells , Aye " . Review and Approval of Minutes 1 . January 12 , 2021 Evans/Kaser AU Casey Dannhauser, Aye" , " Bruce Evans , Aye" , " Gary Kaser, Aye " , "Greg Scalise, Aye , " Nicole Smith , Aye" , " Peter Wells , Aye" . Summary of Public Comments The public had no comment . Any Topics not reasonably anticipated by the Conservation Commission Chairman No topics discussed . Adjourned at 7 : 46 PM . Carol Spade Casey Dannhauser, Aye " , " Bruce Evans , Aye" , " Gary Kaser, Aye" , "Greg Scalise, Aye , " Nicole Smith , Aye " , " Peter Wells , 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 . 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 . I 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 3 2, The Vascular Plants of Massachusetts; A County Checklist 3. Massachusetts Department of Agricultural Resources . . Jnvasive Plants in Massachusetts 111105 4. Administrative Report of the Conservation Administrator 5. Meeting video recording, Town of Brewster Website http://town. brewster. me. us i { ' l . I i Brewster Conservation Commission Minutes February 9 , 2021 5 , 1