HomeMy Public PortalAboutConservation Commission -- 2010-01-20 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 Wednesday, January 20, 2010 meeting of the Brewster
Conservation Commission to order at 7:00 PM at the Brewster Town Offices, 2198 Main Street,
Brewster, MA.
Present
Commissioners Jeanne Boehm, Read Kingsbury, Marianne Pagos, Ken Rollins, Amy Usowski,
Vice Chairman Donald Schall, Commissioner Marianne Pagos (arrived at 7:25), Chairman
Stephen McKenna (arrived at 7:55), Conservation Administrator James Gallagher, Natural
Resources Director Chris Miller, Department Assistant Carol Spade
Public Hearings
Notices of Intent:
Richard and Margaret Wood propose to demolish existing structures and construct a new
dwelling and terrace within 100 feet of coastal resource areas and construct a deck and
landscape within 50 feet of coastal resource areas on 112 Governor Prence Road Assessors'
Map 4, Parcel 3.
Representative Robert M. Perry, PE, Cape Cod Engineering, Inc., presented the project. The
proponents' architect Stephen Hayes and Richard Wood attended.
The Commission consensually agreed the proponent shall eliminate the pruning/tree removal
component for vista purposes from this proposal until after a dwelling is constructed.
Citizen Henry Hayes attended, asking questions relevant to the dwelling size and number of trees
proposed for removal.
Following presentation by the applicant and discussion among Commissioners, Amy Usowski
moved, Jeanne Boehm seconded the motion to continue the hearing to February 2, to allow the
proponents to submit the following:
1. Site Plan revised to show:
• Work limit closer to structure
• A reduction in the number of trees to be removed for dwelling construction
• Calculations on the amount of fill needed for retaining wall
• Neighboring dwelling footprints, to demonstrate their alignment in relation to
proposed dwelling
• A reduction of the terrace footprint in the buffer zone
• Cross section of proposed sixty-four square foot platform at the top of the
existing coastal stairway.
2. A mitigation plan clearly showing:
• A reduced lawn area in the 50 to 100-foot buffer zone
• In the 50 foot buffer zone; some native grasses (to be mowed twice annually)
and an adequate number of diverse shrub/trees from the Cape Cod Cooperative
Extension Service (www.capecodextension.org) list of acceptable plantings for
coastal buffer zones depicting the species, size and natural spacing of plants.
3. Architectural plan (elevation drawing) in larger scale than the submitted 8'h x 11", to
include the total square footage of new dwelling.
Continuance to February 2 2010 Approved Unanimous) rL
Brewster Conservation Commission Minutes. January 20, 2010
Amended Order of Conditions Preliminary Discussion
Cobbs Pond Orders of Conditions Wauguanesit Drive, 17/1 SE 9-1466, pond side view clearing,
and SE 9-1467, bay side view clearing; Request for Commission to determine whether purpose
or scope of new proposal -removal and control of invasive species -has not substantially
changed and/or increased... such that project can be reviewed as an amendment
Following review of letters dated January 15, 2009 and accompanying photographs from Charles
Wentz, designer, Saint Aubin Nurseries, Amy Usowski moved, Jeanne Boehm seconded the
motion that the projects can be reviewed under the Notice of Intent amendment public hearing
processes, contingent on submittal of complete site plans, letters fully describing all of the
requested changes and abutter notification. Motion Approved. Stephen McKenna abstained.
Public Hearings
Notice of Intent
(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. Eligible voters: Boehm, Pagos, Schall, McKenna, Rollins
Representative, John O'Reilly, PE, PLS, J. M. O'Reilly, Inc., stated he revised the site plan to
show the calculated flood elevation of eighteen feet and the footprint and foundation of the
dwelling at and above elevation18. Lisa Still, Attorney, attended.
Vice Chairman Schall believed with a strong mitigation plan the project could be said to meet the
minimum performance standards of storm damage protection and wildlife habitat protection under
the ACT.
Chairman McKenna requested the proponent show how the reconstructed dwelling, as proposed
on footings and with more footprint in the coastal dune than presently exists, would meet dune
performance standards of storm damage protection and not interfere with the natural disposition
of sand, and not modify the dune to lose flood protection and the wildlife habitat which would exist
near and underneath a raised structure. He stressed that constructing a dwelling elevated on
pilings would represent sound management planning for its future protection as the coastline
changes.
Following questions from other Commissioners, Marianne Pagos moved, Ken Rollins seconded
the motion to continue the hearing to February 2, to allow time for the proponent to consider
these concerns.
Continuance to February 2. 2010 Approved Unanimously.
Citizens' Forum/ Discussions/Correspondences
1. Letter from James Kinq. representative. Highland's Property Owners' Association
regarding request to file Request for Determination for tree removal, replanting
James King attended; describing the project.
Following presentation and discussion, the Conservation Commission determined
consensually to entertain a Request for Determination of Applicability from Highland
Property Owners' Association, with a variance to remove trees and plant within 50 feet of
resource areas.
Requests for Administrative Review
1. Elizabeth Manach, 997 Stony Brook Road, 22/62 Removal of diseased maple tree within
50 feet of inland resource area
The Conservation Administrator believed the above referenced project meets all
provisions for an activity under the mechanism of Administrative Review and granted the
proponent administrative approval. Following review, Donald Schall moved, Ken Rollins
Brewster Conservation Commission Minutes. January 20, 2010 2
seconded the motion to ratify the Administrative Review approval. Approved
Unanimouslv.
2. Bob Melia/Karen Schwartzman 25 High Point Drive 40/58 roofing shingles windows
and doors. etc.
Postponed for further review.
Vote to Release Performance Bond
1. 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
As the Commission approved a Certificate of Compliance for this project, Donald Schall
moved, Marianne Pagos seconded the motion to release the performance bond to the
applicant. Approved Unanimouslv.
Discussions/Correspondences
1. Letter dated Januarv 11, 2010 from M Robinson Executive Dir Compact CC
Conservation Trusts on Southeastern Massachusetts Land Trusts Convocation
Saturday, February 6 2010 -training on land protection stewardship and financing
strategies `
Mr. Kingsbury recommended that this training program would be helpful to the
Commission members and staff.
2. Letter dated January 19, 2010 from David S Carlson on annual shellfish grant report
The Commissioners read the above referenced letter; no action was needed or taken.
3. Barnstable County Commissioners Hearing Notice Thursday January 21 2010 aC~3~00
PM public comments on designation of ocean waters off Cape Cod as a Management
Planning DCPC
The Commissioners read the above referenced letter; no action was needed or taken.
4. 1975 Town Report of the Conservation Commission Wetland Conservancy Soils Issue
onginated by Conservation Commission enacted as Zoning By-law in 1975
The Commission discussed the above referenced Zoning By-law and its conservancy soil
issues.
5. Mike Lache; Re: Letter from MA Natural Heritage Div Marine Fisheries' proposed
regulations on horseshoe crabs -comments due Friday January 22 2010
Natural Resources Director Miller received the above referenced letter from MA Natural
Heritage, and will submit comments by Friday, January 22.
6. Jane Harris January 12, 2019 letter/proposal to Commission on WP By-law/Regulations
Consulting
The Commission reviewed the above captioned letter and consensually agreed with Ms.
Harris's suggestions for proceeding with her plan of work.
Report of the Conservation Administrator/Natural Resources Director
1. Mr. Miller informed the Conservation Commission the Board of Selectmen has requested
the Commission consider increasing its fees under the Brewster Wetlands Protection By-
law. Since the Commission has not increased its wetland fees in eight years, Chairman
McKenna directed staff to research fee schedules of other towns for fee discussion at the
next available meeting.
2. F. L. Quinn, 220 Nan-ke-rafe Path 46/81
Mr. Gallagher informed the Commission that Forrester Quinn was ordered at Barnstable
District Court, to pay the ten $300.00 Notices of Violation of Brewster WP By-law issued
under the Commission's direction at the October 27, 2009 meeting, for unauthorized
Brewster Conservation Commission Minutes. January 20, 2010 3
alterations within 50 feet of an inland bank. Failure to pay said fines by the end of
January, 2010, could result in criminal procedures.
Other Business
The Commission welcomed former Associate Member Ken Rollins as a newly appointed
full Commission member.
Read Kingsbury moved, Marianne Pagos seconded the motion to appoint Commissioner
Ken Rollins as the Conservation Commission representative to the Brewster Open Space
Committee. Motion Approved Unanimously.
Review and Approval of Minutes
1. January 5, 2010
Following review, Read Kingsbury moved, Marianne Pagos seconded the motion to
approve the minutes as amended.
Marianne Pagos moved, Read Kingsbury seconded the motion to adjourn the meeting.
The meeting adjourned at 9:25 PM.
Carol Spade
BP•.E~STER TOiAiN rl_ERK
1C~ FED ~~ ~,~~r~
Brewster Conservation Commission Minutes. January 20, 2010 4