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Home My Public Portal AboutConservation Commission -- 2010-10-05 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 Chapter172, Brewster Wetlands Protection By-law (BWP By-law) Call to Order Acting Chairman Amy Usowski convened the Tuesday, October 5, 2010 meeting of the Brewster Conservation Commission at 7:05 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present Commissioners Jeanne Boehm, Bruce Evans, Ken Rollins, Amy Usowski, Chairman Stephen McKenna (arrived at 7:15), Conservation Administrator James Gallagher, Natural Resources Director Chris Miller, Department Assistant Carol Spade Not Present Vice Chairman Donald Schall, Commissioner Marianne Pagos, Associate Member Clare Bergh As required by the Open Meeting Law, acting Chairman Amy Usowski read into the record the following: "The Conservation Commission is informing the public that this hearing is being audio recorded. In addition, anyone else intending to audio record is required to inform the Chairman." Requests for Certificates of Compliance 1. Kenneth and Andrea N. Levin Order of Conditions SE 9-1294 96 Run Hill Road 36/12-3 seasonal dock Following the recommendation of the Conservation Administrator that the project complies with the Order of Conditions, Jeanne Boehm moved, Ken Rollins seconded the motion to approve the above referenced Certificate of Compliance, subject to compliance with Special Condition #40 on dock labeling. Approved Unanimously. 2. Patricia C. Loud Order of Conditions SE 9-1471, 23 Dick's Way, 36/44, inland bank stairway Following the recommendation of the Conservation Administrator that the project complies with the Order of Conditions, Jeanne Boehm moved, Ken Rollins seconded the motion to approve the above referenced Certificate of Compliance. Approved Unanimously. As the site shows evidence of minor jurisdictional pruning; the Conservation Administrator will send a letter to the owners, explaining such work requires prior wetland permitting. 3. Bruce and Kathleen Barry Order of Conditions SE 9-1289,98 Governor Prence Road, 4/5, single family dwelling Following the recommendation of the Conservation Administrator that the project complies with the Order of Conditions, Jeanne Boehm moved, Ken Rollins seconded the motion to approve the above referenced Certificate of Compliance. Approved Unanimously. Requests for Administrative Review 1. Michele O'Toole 86 Crocker Lane 16/104 removal of timber and installation of natural stone along driveway edge 2. Godfrey, George and Laura 12 Ring Rock Road, 7/5, fence replacement 3. Steve Pavsner, 34 Mammon Cartway, 49/21, roof repair The Conservation Administrator believed the above referenced projects meet all provisions for activities under the mechanism of Administrative Review and granted the proponents administrative approval. Following review and discussion of the proposals, Ken Rollins Brewster Conservation Commission Minutes. October 5, 2010 moved, Amy Usowski seconded the motion to ratify the Administrative Review approvals. Approved Unanimously Chairman Stephen McKenna arrived and chaired the meeting from this time on. Public Hearings Notices of Intent (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 Eligible voters: All. Hearing was opened on July 6 and continued to August 3 and 17 and September 7; all with no testimony. The proponents requested a continuance to October 5 to complete an Oysterleaf survey required by NHESP David LaJoie, Felco, Inc., attended. He explained the proponent has requested an indefinite (approximate six month) continuance to conduct a wildlife habitat survey. Amy Usowski moved, Jeanne Boehm seconded the motion to continue the hearing to an indefinite time. Motion Approved Unanimously. (Continued Hearing) Steven Fine and Rosita Brailovski-Fine request to amend Order of Conditions SE 9-1505 to remove an existing dwelling and construct a new dwelling, to reduce the footprint of the proposed dwelling and realign the driveway. 123 The Channel, Assessors' Map 4, Parcel 43. Eligible voters; all; the hearing was opened and continued on September 5, 2010 to this date with no testimony. David LaJoie, Felco, Inc. Engineering and Surveying, represented the proponents. He introduced the amended project as a dwelling with a reduced footprint on all sides, slightly further from the resource areas as shown on the Site Plan*. Mr. Gallagher explained the only required change to the special conditions approved for the original Order of Conditions is the final revision date of the Site Plan*, 9/9/10. Ken Rollins moved, Bruce Evans seconded the motion to approve an Amended Order of Conditions as shown on the amended Site Plan" with special conditions as explained, and close the hearing. Approved Unanimously by Commissioners Jeanne Boehm, Bruce Evans, Ken Rollins, Amy Usowski and Chairman Stephen McKenna. List of documents submitted for the project and discussed at this hearing I. "August 18, 2010 letter from Felco, Inc. requesting amendment to Order of Conditions II. ''"Site and Sewage Plan, 123 The Channel Prepared for Steven Fine 9/9/10" (Continued Hearing) Michael and Deborah Kennedy propose to place sand fill, sand bags and sand drift fence on a Coastal Beach and Coastal Dune on 306 Breakwater Road Assessors' Map 4, Parcel 11. Eligible voters: Schall, Boehm, Evans, Rollins, Usowski The proponent submitted a written request to continue the hearing to October 19, 2010. Ken Rollins moved, Amy Usowski seconded the motion to continue the hearing to October 19. Continuance to October 19. 2010 Approved Unanimously. Kirk Evans requests to amend Order of Conditions SE 9-1328 to add a deck and patio and two retaining walls within 100 feet, and mitigation plantings within 50 feet of a Bordering Vegetated Wetland: on 375 Punkhorn Road, Assessors' Map 50, Parcel 30. John O'Reilly represented the proponents, and described the proposed changes. Required indigenous plantings have been growing for two seasons and are surviving fully to protect the resource area. The Conservation Administrator recommended issuing an Amended Order of Conditions. Jeanne Boehm moved, Ken Rollins seconded the motion. Approved Unanimously. List of documents submitted for the project and discussed at this hearing Brewster Conservation Commission Minutes. October 5, 2010 2 I. *Memo from J. M. O'Reilly requesting Amended Order of Conditions...9/10/10 II. *"Kirk Evans Site Plan, 375 Punkhorn Road, J. M. O'Reilly & Associates, revised 5/4/10" (Continued Hearing) Raymond and Jeanne Sullivan propose to construct a Coastal Engineering Structure (Coastal Revetment) on a Coastal Bank and Coastal Dune, on 347 Point of Rocks Road, Assessors' Map 6, Parcel 6. Eligible members: All; the hearing of September 7, 2010 was opened and continued to this date with no testimony. The project proponent submitted a written request to continue the above referenced hearing to October 19. Amy Usowski moved, Jeanne Boehm seconded the motion to continue the hearing to October 19. Continuance to October 19, 2010 Approved Unanimously As there was no quorum of Commissioners eligible to vote on the following continued 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, both Commissioners Jeanne Boehm and Ken Rollins signed a "Certification of Review of Hearing Transcript" stating they thoroughly examined all evidence received at the Public Hearing of September 21, 2010, the only previous testimonial hearing, which they did not attend. Examination of evidence included visiting the site of the subject hearing on September 27and October 5, 2010 respectively, reviewing the minutes of the hearing of September 21 and reviewing all evidence received prior to said hearing. jContinued Hearing) Douglas and Veronica Coughlin propose to remove an existing wooden landing, install an elevated deck, trim trees and plant as mitigation, on 20 Nancy May Path, Assessors' Map 7, Parcel 11-3. Eligible voters: Evans, McKenna, Schall, Usowski. Administrator Gallagher referenced the plan of record was changed at the hearing of September 21, 2010 by the engineer showing there is no ACEC Area. The hearing was continued to await a DEP file number only. The number having been received, the Commissioners reviewed the special conditions. Amy Usowski moved, Bruce Evans seconded the motion with special conditions as written. Approved Unanimously. Citizens' Forum There was no one present, wishing to speak at this time. Violations Show Cause Hearing Richard and Marilou Bonetti, 0 L. P. Albert Road, Assessors' Map 47, Parcel 16,Clearin4 and excavation, associated erosion and siltation within 100 feet of Greenland Pond and Bordering Vegetated Wetland Mr. Bonetti attended. Richard Bonetti attended. Mr. Gallagher relayed the history of this property; an enforcement order* was issued on April 15, 2003 for clearing for access to the pond and subsequent NOI with approved plan for a pathway and raised boardwalk to the pond. The Order of Conditions* has expired. On August 27, 2010, he received a message from the Brewster Fire Department, which extinguished an excavator fire, occurring within 100 feet of the resource areas. Upon visiting the site, Mr. Gallagher also witnessed effects of vegetation (tree, etc.) clearing and excavation; portions in and within 100 feet of Greenland Pond and its Bordering Vegetated Wetland. He issued an enforcement order* on September 1, 2010, mandating setting and monitoring erosion control barriers to contain siltation, etc.... As directed by the Conservation Commission, he issued nine $300 citations due to insufficient erosion control. The erosion continues from rain and loose soil from clearing. Brewster Conservation Commission Minutes. October 5, 2010 3 Mr. Bonetti explained the events leading to the past and current enforcement, stressing that an adverse situation led to extreme clearing with an excavator this year. He added he attempted to control the erosion and seed the area. The Commission discussed the procedures Mr. Bonetti must follow to avoid further daily citations, as follows: 1. Immediately (the following day) create a siltation barrier using a double row of hay bales at the edge of wetland with another double row of hay bales at the top of bank. 2. Immediately (the following day) stabilize the disturbed buffer zone with landscape fabric to prevent further siltation into the wetland and Greenland Pond, and seed with appropriate species* to establish temporary erosion control vegetation throughout the winter. a) The Conservation Administrator shall inspect the site at the close of the workday. 3. Within one month from this date, submit a professional landscape planting plan showing correct resource area identification and the altered area restored with appropriate erosion control shrubs". 4. Ultimately establish a permanent natural buffer area on the site, drawing from the plantings shown on the landscape plan. 5. Planting* shall be completed by the spring of 2011. If the measures in procedures 1 and 2 above are not taken immediately, the Conservation Administrator shall issue additional $300/day citations for each day of violation. List of documents discussed at this hearing `Order of Conditions SE 9-1268 for Richard Bonetti "Enforcement Order, Richard and Marilou Bonetti dated April 15, (letter dated April 18) 2003 * Enforcement Order to Richard V. and Marilou Bonetti, September 1, 2010 "Conservation Commission Approved Planting List : Cape Cod Cooperative Extension Service (www. capecodextension. org), list of plantings for coastal~nland wetland buffer zones depicting the species, size and natural spacing of plants Ratification of Enforcement Order 1. Jeffrey and Cynthia Prall, off Daisy Lane, unauthorized clearing of vegetation and installation of dock into Schoolhouse Pond, next to 40 Daisy Lane, 24/77 Administrator Gallagher explained the violation with Town Counsel, Town Administrator and DPW. He added that Mr. Prall telephoned, affirming he will attend the October 19 meeting for a Show Cause Hearing, and understands he must submit a restoration plan by October 29. Amy Usowski moved, Jeanne Boehm seconded the motion to ratify the Enforcement Order. Approved Unanimously. The Commissioners signed the document. Leffel, 16 Nancy May Path, 7/11-2 The property owners constructed two sections of split rail fence within jurisdictional areas; the Conservation Administrator will send a letter to the owners. Administrative Review (continued) 3. Hortencia Amaro 24 Captain Connolly Road, 51/58, tree removal (11 outside 50 foot buffer zone The Conservation Administrator believed the above referenced projects meet all provisions for activities under the mechanism of Administrative Review and granted the proponents administrative approval. Following review and discussion of the proposals, Ken Rollins moved, Amy Usowski seconded the motion to ratify the Administrative Review approvals. A~oroved Unanimously. Review and Approval of Minutes Brewster Conservation Commission Minutes. October 5, 2010 4 1. September 21, 2010 Following review, Stephen McKenna moved, Bruce Evans seconded the motion to approve the above referenced minutes as revised. Approved. Jeanne Boehm abstained. 2. September 21, 2010 Executive Session Postponed. Conservation Restriction Brier Lane, Nominee Trust, 200 Brier Lane, Assessors' Map 19, Parcel 32. Jack and Nancy Drake and Brewster Conservation Trust (BCT) - a~ recommendation to Board of Selectmen for approval b) Signatures The BCT has not yet provided the text of this document by email for Commission review, the Commission took no action on the Conservation Restriction at this time; it will be included on the following agenda. New Business Hunting in Town Conservation Controlled Lands Due to the approaching hunting season, Conservation Administrator Gallagher suggested the Commission soon schedule a work meeting to discuss and vote on a draft Commission policy on hunting in Town lands under its care. Drawing from discussions on specific potential areas considered for hunting at public meetings over the last two years, Chairman McKenna and the Commission consensually agreed the Punkhorn Parklands will not be an option for hunting. The town land under consideration will be in southwest Brewster abutting the town of Dennis, known unofficially as "Mother's Bog Conservation Land". Staff will inform members of the public who requested personal notification of the public meeting. Police Lieutenant George Bausch will be able to attend in the coming week, to discuss safety issues in the area. The Commission will be available and consensually agreed to hold a public work meeting for this purpose on Thursday, October 14. New Open Meeting Law and Posted Agenda Notice and Posting Requirements Clarification on listing topic alone i.e., "Violation, Show Cause Hearing" vs. including the name of violator and identification of affected property Chairman McKenna affirmed that for an existing citation it is appropriate to include on the posted agenda, the property owner name and location. M A DEP Site Visit: Superseding Order of Conditions; Donald Arthur, dock reconstruction on Schoolhouse Pond 1554 Main Street, Assessors' Map 24, Parcel 24 The above referenced site visit is scheduled for 11:15, October 14. Mr. Gallagher encouraged all Commissioners to attend if they are able. Natural Resources Director Chris Miller briefed the Commission on the following: 1. Department staff has/will be constructing six gates to deter vehicles from certain roads/walking trails in the Punkhorn Parklands. 2. 869, 0 Main Street, 20/26/3, 27, Preliminary work has begun on the Route 6A Culvert/Salt Marsh Restoration project, Order of Conditions SE 9-1480. 3. The following town landing/conservation areas are in need of repair work: a) Stony Brook Grist Mill, 36/21; funding for evaluation for dam repair is over that of the proposed budget. b) Spruce Hill Conservation Area, Main Street, 8/9, beach stair replacement c) Saint's Landing, 2/1; drainage problem d) Landing west of Breakwater Landing, 4/55-1; erosion Brewster Conservation Commission Minutes. October 5, 2010 5 Correspondences 1. NSTAR letter to Thoburn M. Stamm Jr. 9/24/10 Difference of opinion between NSTAR and property owners. The Commission read the above correspondence. Amy Usowski moved, Ken Rollins seconded the motion to adjourn the meeting. Approved Unanimously. The meeting adjourned at 8:45 PM. Among the list of documents for this hearing are the following: *Administrative Report of the Conservation Administrator dated October 5. 2010. *Conservation Commission Approved Planting List :Cape Cod Cooperative Extension Service (www.capecodextension.org), list of plantings for coastal/inland wetland buffer zones depicting the species, size and natural spacing of plants 1:,, ;a~~ ......1 1"r't I,_, 1 ..._.I ... .~ I'r'1 :ri 1-:7 ......1 1......:1 .,.. Brewst r Conser~:ation Commission Minutes. October 5, 2010 r.. f1 ;:...:~ ~..r. I