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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