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Home My Public Portal AboutConservation Commission -- 2010-08-03 MinutesBrewster Conservation Commission Minutes -Meeting Under Massachusetts General Law 131, §40, Wetlands Protection Act (WPA~, 310 CMR Regulations 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 Chairman Stephen McKenna called the Tuesday, August 3, 2010 meeting of the Brewster Conservation Commission to order at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present Chairman Stephen McKenna, Vice Chairman Donald Schall, Commissioners Jeanne Boehm, Bruce Evans, Ken Rollins, Amy Usowski, Associate Member Clare Berg, Conservation Administrator James Gallagher, Natural Resources Director Chris Miller, Department Assistant Carol Spade Not Present Commissioner Marianne Pagos Public Hearinos Public Hearings Notices of Intent: (Continued Hearing) Karen Lombard, reoresenting_The Nature Conservancy, proposes a pilot project to restore eelgrass 0.8 miles off the Coast of East Brewster. Eligible voters: All. The hearing opened on July 20 and continued with no testimony. Kate Morrison, representing The Nature Conservancy, attended, and introduced the project, as contained in the Project Description""' submitted as part of the Notice of Intent*. She explained that the Environmental Protection Agency (EPA) and the MA Div Marine Fisheries are working with the Nature Conservancy and its contractor, the Cape Cod Cooperative Extension Service, on the eel grass restoration project. She added the Nature Conservancy is investigating and monitoring test plot sites on Cape Cod having potential donor eelgrass beds in the vicinity of the restoration site, and summarized the way in which restoration might occur on two potential transplant sites in Brewster, shown on the *"""Nature Conservancy Restoration Map... Brewster" included as part of the Notice of Intent. One or both sites in Brewster may be chosen; the Nature Conservancy will arrive at a decision on the Cape locations in the early fall of this year. Ms. Morrison explained the Cape Cod Cooperative Extension Service will continue to monitor the transplanted eelgrass on the chosen sites after restoration. Commission questions and discussion centered on the environmental importance of eel grass (water quality, fisheries and other marine wildlife habitat, sediment stabilization), the primary cause of eel grass loss (water quality pollution primarily, boat activity), and the criteria and protocol used for monitoring the transplanted eelgrass to ensure viability. Citizen Russell Schell attended. He stated he believed the project is a rare opportunity to obtain pre and post-restoration nitrogen concentration data, and requested the Commission consider that the eelgrass planting area, if approved in Brewster, also be monitored for nitrogen. He submitted ""*"data on nitrogen concentrations in Pleasant Bay. Donald Schall moved, Amy Usowski seconded the motion to continue the hearing to August 17, to allow the applicant to provide the following information: 1. Variance justification for the project under the WPA and BWP By-law Brewster Conservation Commission Minutes. August 3, 2010 2. Eelgrass Monitoring Protocol. • To include nitrogen monitoring as described above, if possible. The applicant need not attend the hearing if the Conservation Administrator believes the information submitted is sufficient to approve the project. Continuance to August 17, 2010 Approved Unanimously. List of documents submitted for the project and discussed at this hearing 1. "Notice of Intent for The Nature Conservancy ll. **Project Description lll. ***USGS Topography Map printed by The Nature Conservancy showing Pilot Eelgrass Restoration Sites for Fall 2010 Transplanting, Brewster, MA, revised June 28, 2010. IV. ****Data on Pleasant Bay in Brewster, Orleans and Chatham on nitrogen concentrations obtained from samples from surface water during outgoing tides, submitted by Russell Schell (Continued Hearina) Gary Galonek proposes to construct a Coastal Engineering Structure (Stone Revetment) on a Coastal Bank and Coastal Beach - on 30 Swift Lane, Assessors' Map 6, Parcel 3. The hearing of July 20 was continued to August 3 to allow the applicant to submit a Management Plan and Site Plan revised to describe a Sand Drift Fence composed entirely of wood, and the annual sand nourishment to be applied prior to May 15. The Commission received a revised ***Management Plan. Also, O'Reilly Associates submitted a copy of the **Site Plan showing a surveyor's stamp, as required by Conservation Commission policy on Site Plans. The Commission reviewed ****Draft Special Conditions for the project. Condition #B16 required beach nourishment application prior to April 15 in lieu of the above discussed May 15. The Commission consensually agreed to this change. Donald Schall moved, Ken Rollins seconded the motion to approve the project as shown on the **Site Plan and ***Management Plan with ****Special Conditions as revised, and close the hearing. Approved by eligible voters Ken Rollins, Bruce Evans, Stephen McKenna and Donald Schall. Jeanne Boehm and Amy Usowski abstained. List of documents submitted for the project and discussed and approved at this hearing I. 'Notice of Intent for Gary Galonek" II. **30 Swift Lane LLC Proposed Revetment Plan 30 Swift Lane, J. M. O'Reilly and Associates, Inc., revised 7/12/10" III. "'Coastal Management Plan 30 Swift, LLC, 30 Swift Lane Brewster MA revised on July 21, 2010" IV. ""`Special Conditions under the BWP By-law (Continued Hearing) Captain Del Associates, Inc. proposes to regrade a portion of a Coastal Dune to a lower elevation and vegetate said area, replenish the beach at the base of a Coastal Dune/Bank and erect sand drift fencing, on 261 Linnell Landing Road. Assessors' Map 9, Parcel 1. The proponent has requested a continuance to September 7. Following a brief discussion on staff availability on that date, Amy Usowski moved, Jean Boehm seconded the motion to continue the hearing to August 17. Continuance to August 17, 2010 Approved Unanimously. Vice Chairman Donald Schall was recused from the following project. Associate Member Clare Berg participated in this hearing. (Continued Hearing) Jason and Victoria Wallace propose mitigation plantings in response to an enforcement order issued for alteration in and within 100 feet of an Isolated Vegetated Wetland. on 3758 Main Street. Assessors' Map 29, Parcel 9. This hearing was continued from July 20, to allow the proponent time to revise the ***Mitigation Plan (all required information was submitted); and for response from the MA Natural Heritage and Endangered Species Program (NHESP) (see minutes of July 20). *****NHESP, in a letter dated Brewster Conservation Commission Minutes. August 3, 2010 2 July 28, 2010, stated that the project will not adversely affect the resource Area Habitat under the WPA, and will not result in a prohibited "take" under MESA. Having reviewed the ****Draft Special Conditions for the project, Ken Rollins moved, Bruce Evans seconded the motion to issue an Order of Conditions with Special Conditions as revised below, and to close the hearing. B7. This Order of Conditions is the result of a violation at the subject property. Planting as shown on the approved Mitigation Planting Plan shall be completed prior to November 1, 2010. Approved, with eligible voters Ken Rollins, Bruce Evans, Stephen McKenna and Associate Member Clare Berg voting in the affirmative. Jeanne Boehm, Amy Usowski and Donald Schall abstained. List of documents submitted for the project and discussed and/or approved at this hearing I. *Notice of Intent for Jason Wallace" II. **Plan of Land Prepared for Jason and Victoria Wallace, 3758 Main Street, Ryder and Wilcox, Inc" revised 7/21 /10. III. **"'Wallace Residence Wilkinson Ecological Design, Inc. Mitigation Planting Plan" revised 7/26/10 IV. ****Special Conditions under the BWP By-law V. ****** Division of Fisheries & Wildlife Natural Heritage and Endangered Species Program letter of July 28, 2010 Donald Schall returned to meeting participation. (Continued Hearing) Michael S. and Christine C. Mahon propose to construct a Qarage on a slab foundation and a concrete slab to the west of the proposed garage, within 100 feet of a Vegetated Wetland and Inland Bank, on 60 Hazel Lane, Assessors' Map 35, Parcel 137. Eligible voters: Rollins. Evans. McKenna, Schall, Berg Representative, John O'Reilly, J.M. O'Reilly, Inc. represented the applicant. The hearing was continued from July 20, to allow the proponent to revise the plan (see minutes of July 20, 2010). Following brief discussion on the revised plan, Ken Rollins moved, Donald Schall seconded the motion to issue an Order of Conditions and close the hearing, incorporating the `**Draft Special Conditions, as written. Approved by eligible voters Bruce Evans, Ken Rollins, Donald Schall and Stephen McKenna. Jean Boehm and Amy Usowski abstained. List of documents submitted for the aroject and discussed and/or approved at this hearing I. *Notice of Intent for Michael Mahon" II. **Michael Mahon 60 Hazel Lane Site Plan J. M. O'Reilly and Associates, Inc., revised 7/26/10 III. ***Special Conditions under BWP By-law Citizens' Forum There was no one present wishing to speak at this time. Request for Certificate of Compliance 1. Ocean Edge Resort/Devane. Order of Conditions SE 9-1347, 660 Villages Drive. 27/39-5, Golf course Tom Devane and Kyle Peigh, representatives, Ocean Edge, attended. Administrator Gallagher described the project area and failure of winterberry mitigation plantings and success of Viburnum. As newly planted shrubs are intact, he recommended the Commission now approve this Certificate of Compliance request, and that the proponent file a Notice of Intent to control invasive species. Commission discussion resulted in a decision to require an ongoing condition to the Certificate of Compliance, mandating submittal of annual maintenance reports, Conservation Administrator site visits to ensure plant viability, and visible signs to keep pedestrians out of sensitive areas. Brewster Conservation Commission Minutes. August 3, 2010 3 Donald Schall moved, Amy Usowski seconded the motion to issue the Certificate of Compliance with the ongoing condition as described above. Approved. Bruce Evans abstained. Review and approval of Land Use and Management Plan Punkhorn Parklands (Bates Section) For 36.31 acres acquired through funding assistance from the Massachusetts Land Program July 2010, Assessors' Map 50, Parcels 17, 27, 31, 37 The Commission reviewed the above captioned plan. Discussion centered on several issues, including debris on the site due to public dumping, the need for a safe parking area, and the balance between encouraging public use of the land and the cost of maintenance. The Commission consensus was that the proposed walking trail on the plan not be created this year, but perhaps in the future, Donald Schall moved, Ken Rollins seconded the motion to approve the plan, with an amendment that a walking path might be considered in the future. Approved Unanimously. Discussions Hunting on Conservation Lands in Brewster The Commission briefly discussed the upcoming 2010-11 hunting season. At this time, the Conservation Commission consensually agreed the conservation area in Southwest Brewster known as "Mother's Bog", is to be the area considered for hunting. As the primary concern of citizens is that of safety, the Commission recalled the Brewster Sportsman Committee was to have submitted documentation on the way in which safety regulations are to be enforced, and requested that Police Lieutenant Bausch attend a discussion on hunting before the Conservation Commission. The Commission asked Natural Resources Director Chris Miller to relay this again to the Brewster Sportsmen Committee. Amended Order of Conditions Preliminary Discussion Order of Conditions SE 9-1487, 4/3, Richard and Margaret Wood; demolition of existin structures, construction of new dwelling within 100 feet of coastal resource areas, and construction of a deck and landscaoino within 50 feet of coastal resource areas, on 112 Governor Prence Road, Assessors' Map 4, Parcel 3. Request for Commission to determine whether the up rpose or scope of a revised site plan showing a new building design -has not substantially increased or changed... such that the project can be reviewed as an amendment under Wetlands Protection Act Policy 85-4, DWW. Donald Schall moved, Bruce Evens seconded the motion to hear the above request through the amendment process. A~oroved Unanimouslv. Review of Special Conditions for Orders of Condition Iproiect approved on July 20, 2010 1. Paul and Marina Beade; removal of existing dwelling and garage. relocation of an existing septic tank and pump chamber, construction of a five bedroom single family dwelling and plant within 50 feet of Coastal Wetlands on 210 Nelson Street, Assessors' Map 7, Parcel 32. Following review of the submitted draft Special Conditions for the above referenced project, Donald Schall moved, Ken Rollins seconded the motion to approve the conditions as written. Approved Unanimouslv. Requests for Certificates of Compliance (continued) 2. J. M. O'Reilly/ Ryone. Order of Conditions SE 9-1451, 645 Satucket Road. 36/3, addition Following the recommendation of the Conservation Administrator that the project complies with the above referenced Order of Conditions Donald Schall moved, Amy Brewster Conservation Commission Minutes. August 3, 2010 4 Usowski seconded the motion to approve a Certificate of Compliance. Approved Unanimouslv. 3. Cape Cod Engineering,/Kennedy, Order of Conditions SE 9-379, 306 Breakwater Road, 4/11, confirmatory; work did not commence The Conservation Administrator confirmed that the project did not commence and jurisdictional areas remain undisturbed. Ken Rollins moved, Jeanne Boehm seconded the motion to issue a confirmatory Certificate of Compliance. Approved Unanimouslv. 4. Cape Cod Engineering,/Kennedy1 Order of Conditions SE 9-598, 306 Breakwater Road, 4/11, revetment Following the recommendation of the Conservation Administrator that the project complies with the above referenced Order of Conditions, Ken Rollins moved, Jeanne Boehm seconded the motion to approve a Certificate of Compliance. Approved Unanimouslv. Requests for Extensions to Orders of Condition 1. Lo Smith. Order of Conditions SE 9-1358. 286 Robbins Hill Road. 2/9, sand maintenance 2. Douglas Smith, Order of Conditions SE 9-1359. 298 Robbins Hill Road, 2/8, sand fill Following the recommendation of the Conservation Administrator, Donald Schall moved, Jeanne Boehm seconded the motion to approve the above referenced requests for extensions. Approved Unanimously Reauests for Administrative Review 1. Bruce Schultz, 85 Hamilton Cartway, 47/12, tree removal The Conservation Administrator believed most of the above referenced project meets provisions for activities under the mechanism of Administrative Review. Following review and discussion on the healthy Norway spruce, Donald Schall moved, Amy Usowski seconded the motion to ratify the Administrative Review approval, allowing removal of the Norway spruce with an *appropriate tree replacement. Approved Unanimously *Tree from the Cape Cod Cooperative Extension Service (www.capecodextension.org), list of acceptable plantings for fresh water buffer zones depicting the species, size appropriate for this environment. Joel and Susan Silver, 366 Run Hill Road, 36/55-6, tree removal The Conservation Administrator believed the above referenced project meets all provisions for an activity under the mechanism of Administrative Review and granted the proponents administrative approval. Following review and discussion, Donald Schall moved, Amy Usowski seconded the motion to ratify the Administrative Review approval. Approved Unanimously. Review and Approval of Minutes 1. June 1.2010 Following review, Donald Schall moved, Amy Usowski seconded the motion to approve the above referenced minutes as written. Approved Unanimously. 2. June 15, 2010 Following review, Donald Schall moved, Jeanne Boehm seconded the motion to approve the above referenced minutes as written. Approved Unanimously. 3. July 6. 2010 Following review, Donald Schall moved, Ken Rollins seconded the motion to approve the above referenced minutes as written. Approved. Jeanne Boehm abstained. Report of the Conservation Administrator 1. United States Department of floriculture (USDA) Rabies Manaoement Prooram in Punkhorn Parklands Mr. Gallagher informed the Commission that the USDA is continuing its program of distributing oral rabies vaccine for wildlife in strategic areas throughout the US, and would like to continue to do so in the Punkhorn Parklands. The Conservation Commission Brewster Conservation Commission Minutes. August 3, 2010 unanimously agreed to approve the oral rabies vaccine in all areas of the Punkhorn Parklands under the care, custody and control of the Conservation Commission. 2. Question on change of date for September 7, 2010 Public Hearing Mr. Gallagher informed the Commission he will be unable to attend the Conservation Commission meeting of September 7, 2010, and asked if the Commission would rather hold it on another date. The Commission consensually agreed to hold the public hearing on September 7, 2010, as scheduled. Among the list of documents for this hearing is the ****Administrative Report of the Conservation Administrator dated August 3, 2010. Donald Schall moved, Amy Usowski seconded the motion to adjourn the meeting. Approved Unanimously. The meeting adjourned at 9:00 PM. Carol Spade rgi p.._:.. ;may 1 ._,1 I'7'1 ::77: 1 1 1 ~~~... '""'1 f„"~I ITI I~r_:1 Brewster Conservation Commission Minlxt~s. Aug~~,t 3, 2010 6 ,.__ :~.,