HomeMy Public PortalAboutConservation Commission -- 2010-01-05 MinutesBrewster Conservation Commission Minutes -Meeting Under Massachusetts General Law
131, §40, Wetlands Protection Act (ACT)
Massachusetts Department of Environmental Protection (DEP)
(M.G.L. C.131. § 40)
And
Code of the Town of Brewster Chapter 172,
Brewster Wetlands Protection By-law (BWP By-law)
Call to Order
Vice Chairman Donald Schall called the Tuesday, January 5, 2010 meeting of the Brewster
Conservation Commission to order at 7:00 PM at the Brewster Town Offices, 2198 Main Street,
Brewster, MA.
Present
Vice Chairman Donald Schall, Commissioners Jeanne Boehm, Read Kingsbury, Amy Usowski,
Associate Member Ken Rollins, Marianne Pagos (arrived at 7:15), Conservation Administrator
James Gallagher, Natural Resources Director Chris Miller. Department Assistant Carol Spade
(arrived at 7:10)
Not Present
Chairman Stephen McKenna
Public Hearings
Notices of Intent
(Continued Hearing) Joseph and Diana Carty propose to reconstruct and replace a 48 foot long
existing pier with a seasonal pier Work is to be performed using hand held tools from existing
upland access on the owner's property on 42 Konohassett Cartway Assessors' Map 41, Parcel
11.
Representatives, Roy Okurowsky, PE, Coastal Engineering, Inc., Ms. Hadley, landscape
architect. Joseph and Diana Carty attended.
Following presentation, Commissioners Boehm and Pagos stated they would not approve a dock
which so far exceeds the length of that allowed in the Conservation Commission's written policy
on docks at a maximum length of twenty-five feet from the top of bank, particularly when the
previously constructed pier was not permitted by the Conservation Commission.
Following discussion, Ken Rollins moved, Amy Usowski seconded the motion to approve a
reconstructed pier at a maximum of forty (40) feet in length by four feet in width.
As the result of comments from Joseph and Diana Carty and their representatives, Mr. Rollins
withdrew the motion.
Ken Rollins again moved, Amy Usowski seconded the motion to approve a reconstructed four-
footwide pier at a maximum length of forty (40) to forty-eight (48) feet, to obtain a depth of water
at two and one-half (2 'h) feet at the pier's outermost point. In years of water high enough to
achieve a depth of two and one-half (2'/z) feet forty (40) feet from the water's edge, the maximum
pier length shall be forty (40) feet. Approved. Commissioners Kingsbury, Usowski, Shall and
Associate Member Rollins voted in the affirmative. Commissioners Boehm and Pagos opposed.
(Continued Hearing) Alice Gaudette proposes to relocate and reconstruct an existing dwelling in
and within 50 feet of coastal resource area, Unit 7 on 68 Ocean Street, Assessors' Map 7, Parcel
42.
The representatives for the applicant requested the Commission continue the hearing to January
20. Amy Usowski moved, Marianne Pagos seconded the motion to continue the hearing to
January 20. Continuance to January 20, 2010 Approved Unanimously.
Brewster Conservation Commission Minutes. January 5, 2010
As there was no quorum of Commissioners eligible to vote on the following hearing, in
accordance with Chapter 79 of the Acts of 2006, "An Act Further Regulating Meetings of
Municipal Boards" which amends Massachusetts General Laws Chapter 39, Section 23D,
Commissioner Jeanne Boehm signed a "Certification of Review of Hearing Transcript" stating she
thoroughly examined all evidence received at the Public Hearing of November 24 which she did
not attend, and was present at the only other testimonial hearing for the Notice of Intent,
December 15, 2009. Examination of evidence included visiting the site of the subject hearing prior
to and on January 4, 2010, reviewing the minutes of the hearing of November 24 and reviewing
all evidence received at said hearing.
Continued Hearing) John and Annemarie Galli propose to construct a walkway. remove trees and
landscape within 50 feet of an inland bank and bordering vegetated wetland, on 323 Hamilton
Cartway, Assessors' Map 47, Parcel 83/3
Representatives, Robert M. Perry, PE, Cape Cod Engineering, Inc., Steve Heywood, Local
Manager, Bartlett Tree Services, Inc.
Mr. Heywood submitted for the file test results from Bartlett Tree Laboratories of beech bark
samples from trees on the parcel proposed for removal; results indicated the probability of beech
bark disease infestation.
Abutter Karen Malkus attended. She asked Mr. Heywood if all of the trees proposed for removal
were laboratory tested. Mr. Heywood responded they were not; however, all exhibited the
characteristics of those examined.
Read Kingsbury moved, Ken Rollins seconded the motion to approve the project as presented
and shown on "Topographic Landscape Plan Showing Proposed Bluestone Walk, Regarding and
Tree Removal, 323 Hamilton Cartway Prepared for Jon and Annemarie Galle" with the revision
date of December 4. The following plan conditions shall be included in the special conditions
under the By-law: conditions differing from the plan shall prevail.
1. Workers shall set a clear limit of work with a siltation barrier continued to the eastern
property line, forty (40) feet further northeast than that shown on the December 5, 2009
plan
2. Tree cutting shall be done in stages, under the direction of the Conservation
Administrator.
3. Grading shall be consistent with plan and plan notes
4. The walkway shall be consistent with plan and plan notes.
5. Trees proposed for removal shall be removed using hand held tools.
6. Mitigation shrubs shall be planted in areas of sun adequate for growth, and shall be
monitored; results to be reported".
7. A monitoring plan shall be submitted annually for the three-year life of the Order of
Conditions on the beech trees not slated for removal, and `newly planted shrubs.
Approved. Commissioners Kingsbury, Pagos, Shall and Associate Member Rollins voted in the
affirmative. Commissioner Usowski abstained from voting; Commissioner Boehm opposed.
Erik Gilleyproposes to upgrade a septic system to a single family dwelling on 9 Paines Creek
Road. Assessors' Map 22, Parcel 64.
Representative, Lynne Hamlyn, Hamlyn Consulting, Inc.
Following presentation and discussion, Marianne Pagos moved, Jeanne Boehm seconded the
motion to approve the septic system upgrade. The Order of Conditions shall be issued subject to
Ms. Hamlyn's submittal of a revised plan approved by the Conservation Administrator, showing
an accurate driveway footprint delineation, and a minimum six-foot-wide buffer zone of approved`
herbaceous vegetation along the wetland, to create a vegetated buffer.
`Cape Cod Cooperative Extension Service (www.caaecodextension.oro) or Conservation Commission approved
plant list.
Brewster Conservation Commission Minutes. January 5, 2010 2
Special conditions to the Order shall include the following:
1. The owner shall have all existing cultural debris (wooden structures, slash, fill)
removed from the wetland.
Approved Unanimouslv.
Michael and Susan Schechter propose to amended Order of Conditions SE 9-1461 to (1) clarify
Special Conditions in the Order of Conditions and (2) reflect revised comments of the Natural
Heritage and Endangered Species Program for work proposed at 437 W. H. Besse Cartway,
Assessors' Map 41, Parcel 54.
Representative, Lynne Hamlyn, Hamlyn Consulting, Inc.
In a departure from the Department of Environmental Protection's policy on amending Orders of
Conditions (DWW Policy 85-4) recommending a preliminary discussion and vote to entertain a
request for an amendment before the public hearing is scheduled, following presentation from
Ms. Hamlyn, Amy Usowski moved, Marianne Pagos seconded the motion to amend Order of
Conditions SE 9-1461 to reflect the changes to the special conditions requested in Ms. Hamlyn's
letters to the Conservation Commission dated December 14, 2009 and James Gallagher dated
May 4, 2009; and, in response to Ms. Hamlyn's communications with the MA Natural Heritage
and Endangered Species Program, a November 19, 2009 letter to the applicant from Assistant
Director Thomas W. French, MA Division of Fisheries and Wildlife, which states the work may go
forward on the condition that "no sand is brought in from off-site during beach nourishment".
Motion Approved Unanimouslv.
Thomas P Sr and Falene C Grimes propose to remove scrub oak, dead pine and invasive
vegetation and replace with native vegetation within 100 feet of coastal resource areas, on 130
Hillbourne Terrace Assessors' Map 9, Parcel 18-19.
Representative, David Shea, Crocker Nurseries
Abutter Suzanne Walter attended. She explained she attended the hearing to understand the
exact nature of the project.
Following presentation, questions and discussion, Read Kingsbury moved, Amy Usowski
seconded the motion to continue the hearing to February 2, to allow the representative time to:
1. Submit required information to the MA Natural Heritage and Endangered Species
Program (copied to the Conservation Commission)
2. Submit a revised plan shown on the surveyed plan (or portions of), showing clearly
a. Work area
b. Resource area(s)
c. 50 and 100-foot buffer zones
d. Trees to be removed
e. Vegetation to be planted* (identifying species, size, number and natural placement)
3. And to stake the entire work area, resource areas and 100 and 50 foot buffer zones, and
clearly identify the trees/shrubs slated for removal.
Continuance to February 2 2010 Approved Unanimouslv.
*Cape Cod Cooperative Extension Service (www.capecodextension.org) or Conservation
Commission approved plant list.
Citizens' Forum
There was no one present, wishing to speak at this time.
Requests for Administrative Review
1. Don Ziegler 14 Captain Fitts Road 27/203, second floor dormer
The Conservation Administrator believed the above referenced project meets provisions
for an activity under the mechanism of Administrative Review and granted the proponent
administrative approval. However, he noticed a cinder block stairway leading to the pond
for which the Conservation office has no approval record.
Brewster Conservation Commission Minutes. January 5, 2010 3
Following discussion, Donald Schall moved, Read Kingsbury seconded the motion to
ratify the Administrative Review approval, conditioning roof runoff and allowing no
expansion to the building footprint under the authorization. Also, Mr. Gallagher shall write
to the proponent, asking that he submit information as to when the stairs were installed,
and that an "after-the-fact" wetland permit may be necessary. Approved Unanimously.
2. Scott Watson SLLB Tree Experts/Jacobson 86 Stonehenge Drive 16/78, pruning back
of the border trimming two cherrytrees removal of three oine trees within 50 or 100 feet
of Bordering Vegetated Wetland,
As the proponent has not submitted the required fee for the project, the Commission took
no action on the request.
Requests for Certificates of Compliance
1. Carolyn Coiner Order of Conditions SE 9-144 210 Nelson Street 7/32, dwelling addition
Administrator Gallagher recommended the Commission not issue this Certificate of
Compliance as there are outstanding conditions on the project. The Commission took no
action on the request at this time.
2. Ted Finn Order of Conditions SE 9-1296 316 and 208 Crowell's Boq Road, 49, 41/10-2,
11 29 55 demolition of building and dwelling and garage construction
Following the recommendation of the Conservation Administrator that the project
complies with the Order of Conditions, Donald Schall moved, Read Kingsbury seconded
the motion to approve the above referenced Certificate of Compliance. Approved
Unanimously.
William and Susan Franze Order of Conditions SE 9-1138 121 Swamp Road, 24/6-6,
dwelling additions -second request
Following the recommendation of the Conservation Administrator that the project now
complies with the Order of Conditions, Donald Schall moved, Ken Rollins seconded the
motion to approve the above referenced Certificate of Compliance. Approved
Unanimously.
Request for Extension to Order of Conditions
1. Kirk A Evans Order of Conditions SE 9-1328 375 Punkhorn Road, 50/30, dwelling
additions
Following the recommendation of the Conservation Administrator, Donald Schall moved,
Amy Usowski seconded the motion to approve the above referenced request for an
extension for up to one year. Approved Unanimously.
Report of the Conservation Administrator
1. Peter Brandt noncompliance with Order of Conditions SE 9-1432, 215, 217 Underpass
Road 27/20-5 20-6 (see agenda for December 17 2009 letter from James Gallagher to
Mr. Brandt)
Mr. Gallagher reviewed with the Commission, the outstanding issues regarding this Order
of Conditions, as detailed in the above referenced letter. He stated a portion of the fee
and the hazardous management plan were submitted. The Board of Selectmen have
renewed his license for one year.
2. Andrew Barto Order of Conditions SE 9-1456 219 and 229 Leland Road, Assessors'
Map 36 Parcels 90 and 118 stabilization of an inland bank with fiber roll bank materials,
and repair of an existing stairway work is proposed on an inland bank and within 50 feet
of a pond and land under a water body
Mr. Gallagher informed the Commission Mr. Barto failed to submit the required work
notification and photos, and set erosion control barriers before commencing work on the
Brewster Conservation Commission Minutes. January 5, 2010 4
stairway portion of the property, and the stairway which was to be installed a minimum
eighteen inches above the grade was installed partially dug into the bank.
Following discussion, Donald Schall moved, Ken Rollins seconded the motion to
authorize a Notice of Violation of Town By-law or Regulations in the amount of $300.00,
and issue an Enforcement Order. Additionally, the owner shall attend a Conservation
Commission Show Cause Hearing on February 2, 2010. Motion Approved Unanimouslv.
3. Sea Pines Condominium Association, Sea Pines Drive. 6/20
Mr. Gallagher informed the Commission he met with representatives of the above
captioned condominium association, who would like to file a new Notice of Intent for a
"coastal bank management plan", and to meet with the Conservation Commission
consultant prior to filing the NOI. He asked the Commission if it will authorize Seth
Wilkinson, Wilkinson Ecological Design, who has been working as a town environmental
consultant on the current Sea Pines Order of Conditions for vista pruning (SE 9-1378), as
the town's consultant for this new filing. Donald Schall moved, Amy Usowski seconded
the motion to authorize the appointment of Seth Wilkinson as the town's consultant for
the new wetland filing, with the consultant advisory fee to be paid by the applicant.
Motion Approved Unanimouslv.
4. Emergency Certificatino for Coastal Town Landings damaged by storms on January 2
and 3, 20010
Following discussion on storm damaged parking lots/beaches on Brewster Town
Landings, Marianne Pagos moved, Ken Rollins seconded the motion to
issue an Emergency Permit to the Town of Brewster Department of Public Works to
remove asphalt in areas where storm erosion is undercutting the parking lot structures
and to add sand to beaches.
5. Paine's Creek Landing 1/6 Paine's Creek Road parking lot destruction -possible
Emergency Certification concern of citizen Elbert Ulshoeffer over asphalt contamination
Following discussion on the storm damaged parking lot/beach at Paines Creek Town
Landing, Marianne Pagos moved, Ken Rollins seconded the motion to recommend the
Board of Selectmen ask the Department of Public Works to remove the broken pieces of
asphalt between the lip of the parking lot and the existing boulders to the west and north,
and to remove the smaller broken pieces of asphalt in the sand.
Review and Approval of Minutes
1. December 1, 2009
Following review, Donald Schall moved, Ken Rollins seconded the motion to approve the
above referenced minutes as revised. Approved Unanimously.
2. December 15. 2009
Following review, Read Kingsbury moved, Marianne Pagos seconded the motion to approve
the above referenced minutes as written. Approved Unanimouslv.
Discussions/Other Business
1. Reminder All municipal employees or members of advisory groups/committees serving
the Town of Brewster are personally responsible for complying with the recently enacted
ethics reform law -signature pages affirming receipt of law proof of completion of test by
April 2. 2010.
All present submitted signature pages affirming receipt of the above referenced state law.
Review of Correspondences
1. December 14 2009 letter from Nature Conservancy exploration of eelarass restoration
sites Cape Cod Bav Crosby Lane to Skaket Beach - permitting needed?
Brewster Conservation Commission Minutes. January 5, 2010 5
Following discussion, the Commission consensually agreed eelgrass restoration will
require a wetland Notice of Intent filing under the ACT and By-law.
2. Cape Cod Commission memorandum of December 18 2009 Barnstable Countv
Commissioners' nomination of the Ocean Management Planrnna District of C_ntical
Planning Concern (DCPC),
2a Notice of Receipt of nomination from Barnstable Countv
3. University of MA Extension Service November 30 2009 letter re ardin Ke stone P
training on April 15 through April 18, 2010
The Commission read the above captioned correspondences.
Marianne Pagos moved, Donald Schall seconded the motion to adjourn the meeting.
The meeting adjourned at 10:55 PM.
Carol Spade
~~
Brewster Conservation Commission Minutes. January 5, 2010 6