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Home My Public Portal AboutConservation Commission -- 2021-02-23 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 , U 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 , February 23 , 2021 meeting of the Brewster Conservation Commission at 7 : 00 PM by remote participation . 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 Notices of Intent Mark and Sally Latina , Trustees , Latina Investment Trust, propose to construct a storage shed within 50 feet of Inland Wetlands to contain boats and other watercraft, on 491 Crowell ' s Bog Road , 72/1 (41 /7) . i 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 " Robert Perry, Present" Robert Perry , PE , Cape Cod Engineering , represented the applicant . He described the resource areas and project as contained in the Notice of Intent , narrative , 310 CMR Delineation Field Data Forms and plan* j Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan * . j The Conservation Administrator and Commissioners expressed concerns over items in the 50 foot buffer zone , including erosion on the path leading to the pond , kayak racks and debris very near the pond — that affect wetland interests . Mr. Perry concluded that he will address these on a revised plan . Summary of Public Comments The public had no comment. I Brewster Conservation Commission Minutes February 23 , 2021 1 i 1 7 Evans/Kaser 'continue the hearing to March 9 , 2021 , to allow those changes to the plan and for the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project. AU ** . The Commission shall also await a response from the MA Division of Fisheries and Wildlife , MA Natural Heritage and Endangered Species Program as to the project' s occurrence in and potential effect on endangered species . " 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 : 10. Cape Cod Engineering, Inc . Site Plan Showing Boat Storage Shed 491 Crowell's Bog Road . . .1 /27/21 Narrative, Variance Statement 2 . 310 CMR 10 . 55 Delineation Field Data Forms Citizens' Forum The public had no comment at this time . 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 and verbally requested to continue the above referenced hearing to March 9 , 2021 ** Evans/Kaser AU . Casey Dannhauser, Aye" , " Bruce Evans , Aye" , " Gary Kaser, Aye " , "Greg Scalise , Aye , " " Peter Wells , Aye " , " Michael Tobin , 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 project proponent submitted a written request to continue the above referenced hearing to March 9 , 2021 **AU . Casey Dannhauser, Aye" , " Bruce Evans , Aye " , " Gary Kaser, Aye " , " Greg Scalise , Aye " " Peter Wells , Aye " " Michael Tobin , Aye" Report of the Natural Resources Director Mr. Miller reported on various requests for group tours in Town of Brewster areas under the care , custody and control of the Conservation Commission . Report of the Conservation Administrator The Conservation Administrator had no report at this time . i Requests for Extensions to Orders of Condition 1 . Order of Conditions SE 9 -1775 Wauquanesit Drive , 57/5 ( 17/1 ) 2 . Order of Conditions SE 9A767 , 222 Slough Road , 11 /19 (38/16) . Following the recommendation of the Conservation Administrator, the Commission approved the above I referenced requests for extensions under the MA ACT and BWP Bylaw, for three years . AU** . Casey Dannhauser, Aye " , Bruce Evans , Aye" , Gary Kaser, Aye " , Greg Scalise , Aye , " " Peter Wells , Aye" , " Michael Tobin , Aye " Review and Approval of Minutes 1 . January 26 , 2021 ** 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 " Any Topics not reasonably anticipated by the Conservation Commission Chairman No topics, discussed . Adjourned at approximately 7 : 25 PM . i Carol Spade i i i i Brewster Conservation Commission Minutes February 23 , 2021 2 a **(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. ***Documents for this meeting include 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 , . Jnvasive Plants in Massachusetts 111105 4. Administrative Report of the Conservation Administrator 5. Meeting video recording, Town of Brewster Website http://town. brewster. ma. us j 1 i i i I i Brewster Conservation Commission Minutes February 23 , 2021 3 i i