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Home My Public Portal AboutConservation Commission -- 2010-10-13 Minutes4i::. ~ ~ ,~ Brewster Conservation Commission Minutes ~ ~~ ~~= ... i ::: 1 ,.,, Meeting Under ~.,:: .,,..., ,:~:1 Massachusetts General Law 131, §40, Wetlands Protection Act (WPA), Massachusetts '- Department of Environmental Protection (M.G.L.C.131. § 40) And Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection By-law (BWP By-law), And Massachusetts General Laws; Conservation Commission Act of 1957 G. L. Ch. 40: § 8C And G. L. Ch. 131: § 59. Reservations, parks, public lands Call to Order Vice Chairman Donald Schall convened the Wednesday, October 13, 2010 working meeting of the Brewster Conservation Commission at 7:12 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA Present Vice Chairman Donald Schall, Commissioners Jeanne Boehm, Ken Rollins, Amy Usowski, Associate Member Clare Bergh, Conservation Administrator James Gallagher, Natural Resources Director Chris Miller, Department Assistant Carol Spade Not Present Chairman Stephen McKenna, Commissioners Bruce Evans, Marianne Pagos Vice Chairman Schall read in the record the following: "As required by the Open Meeting Law, 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." Massachusetts General Laws I. Conservation Commission Act of 1957 G. L. Ch. 40: § 8C*; II. G. L. Ch. 131: § 59"', Re: Brewster Conservation Commission Policy Regarding Hunting on Lands Under the Control of the Brewster Conservation Commission: Consideration of deer hunting at "Mother's Bog": a tract of land west of Slough Road and Glenwood Road, south of Pine View Drive and east of the Brewster-Dennis Town Line Present: Brewster Police Lieutenant George Bausch, Police Department representative of the Brewster Sportsmen Committee Mr. Schall informed attendees that the Conservation Commission has the authority* to make decisions on recreational uses such as hunting on lands under its control. It is the policy of the Brewster Conservation Commission each year prior to hunting season, to review the wildlife and safety information and vote at a public meeting on this issue. This year, following numerous public meetings on the subject for the past two years, the Conservation Commission is considering a change from all previous hunting policies; to allow hunting for deer by archery and with primitive arms, on an experimental basis in the "Mother's Bog" tract of land off Slough Road in West Brewster. Mr. Schall explained the Conservation Commission is meeting at this time to accept or deny as proposed or modified, the draft Brewster Conservation Commission Policy, 2010-2011'; and the draft Hunting Regulations for the Town of Brewster*. As a member of the Brewster Sportsmen Committee, Lieutenant George Bausch worked with the Sportsmen Committee during the two year public discussion process, and the Conservation Brewster Conservation Commission Minutes. October 13, 2010 Commission requested he attend a public meeting to address Commission concerns before it reaches a decision. Lieutenant Bausch explained the Brewster Police Department responds to citizen complaints regarding illegal hunting on town lands by policing the area after notice, but has limited ability to monitor hunting areas. He had no official record at hand on the number of complaints to the police department of illegal hunting for the past year. Commissioner Jeanne Boehm asked Lieutenant Bausch to explain specifically how the police department might monitor the Mother's Bog area if the Conservation Commission voted to allow hunting for the 2010-11 hunting season. Lieutenant Bausch responded that the Police Department has no plans to designate police cruisers or police officers to monitor the area on a routine basis during the hunting season. Attendees at the meeting included Nichole Sheridan, Nancy Sheridan and Jackie St. Thomas. Their concerns included the following: 1. The Conservation Commission has no adequate posted rules and regulations on town conservation lands; i.e., the Punkhorn Parklands, regarding hunting and other prohibited activities; this contributes to historic and even more recent occurrences of these activities. Vice Chairman Schall suggested a cohesive group approach and submit a letter to the Brewster Board of Selectmen and Conservation Commission, etc., on the matter; however, he believed though helpful, numerous signs are not desirable or always effective. 2. If the Conservation Commission allows hunting in one of the conservation areas, even more persons will be attracted to Brewster who will hunt illegally in all conservation areas. 3. The Conservation areas are not policed adequately for public safety. 4. The Conservation Commission did not widely publicize this meeting or notify abutters to the Slough Road conservation area on the proposed hunting policy, and appears to have reached a premature decision to allow hunting in the Slough Road conservation area. Mr. Schall responded that the Conservation Commission has discussed the draft hunting policy change in the proposed area in a series of legally posted public meetings over atwo-year period. The Commission has yet to vote on the policy. Natural Resources Director Miller added the Brewster Sportsmen Committee held official meetings and researched hunting issues. He referenced a Conservation public meeting (March 17, 2009) in which the Sportsmen Committee arranged a presentation by a MA Division of Fisheries and Wildlife deer specialist. He added that Sportsman Committee members volunteered to install "no-hunting" signs and to "self-police" the area. Amy Usowski arrived at the meeting at 7:43. Mr. Schall requested comments from the Commission. Ken Rollins stated he believed the Commission's objective now is to implement some legality in hunting through this process, and vote to allowing deer hunting for aone-year trial basis. This follows a good study by the Sportsmen Committee. Amy Usowski agreed with Mr. Rollins' statement. Jeanne Boehm added if the hunters do not abide by the rules the Commission will not permit hunting again. Clare Bergh stated there is much illegal hunting at present which requires policing, and asked, in the event of many violations, whether the Commission will take immediate action to end hunting, Brewster Conservation Commission Minutes. October 13, 2010 2 or whether hunting will be allowed throughout the 2010-11 hunting season but banned at following annual seasons. Mr. Schall explained that in the event of numerous violations, the Conservation Commission has the leverage to rescind its policy. He stressed the Commission shall not allow hunting until clear and valid signs are posted in this conservation area, at the entrances of the town area and all boundaries, and in restricted areas. He requested a motion from the Conservation Commission on the draft hunting policy and regulations. Ken Rollins moved to approve the draft 2010-2011 policy'' and regulations' to allow deer hunting to persons having legal license, by archery and with primitive arms in the Slough Road conservation area on an experimental permitting basis, subject to installation of valid and extensive signs in the approved conservation area. Amy Usowski seconded the motion. The motion was approved, with Commissioners Ken Rollins, Donald Schall and Amy Usowski voting in the affirmative, Commissioner Jeanne Boehm abstaining from the vote, and Associate Commissioner Clare Bergh voting, "no". The Conservation Commission staff will notify the Brewster Board of Selectmen of this decision. Documents presented and reviewed for this discussion: 1. (Draft) Brewster Conservation Commission Policy, 2010-2011 Re: Hunting on lands under the control of the Brewster Conservation Commission" (written by the Brewster Conservation Commission/Department) 2. (Draft) Hunting Regulations for the Town of Brewster" (written by the Brewster Sportsmen Committee/Brewster Conservation Commission/Department). Conservation Restriction Brier Lane, Nominee Trust. 200 Brier Lane, Assessors' Map 19, Parce132, Jack and Nancy Drake and Brewster Conservation Trust a) Recommendation to Board of Selectmen for approval b) Signatures The Commission briefly discussed section 1 B of the conservation restriction regarding the owners' right to maintain, repair and replace a bulkhead, etc., within wetland jurisdiction. The Commission acknowledged that there is clear language in the restriction; "exercise of any right or obligation reserved by the Grantor under this Section I.B. shall be in compliance with all permitting requirements". Having read the above captioned Conservation Restriction, Amy Usowski moved, Jeanne Boehm seconded the motion to recommend the Board of Selectmen approve the above referenced Conservation Restriction. Approved Unanimously. The Commissioners signed the Municipal Certification for the conservation restriction. Request for Administrative Review 1. Thomas Turcketta, 213 Run Hill Road, 35/2, house repair 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 and discussion Ken Rollins moved, Amy Usowski seconded the motion to ratify the Administrative Review approval. Approved Unanimously Discussion Legalities under the MA Wetland Protection Act and Brewster Wetland Protection Brewster Conservation Commission Minutes. October 13, 2010 3 -law for approval/denial of Orders of Condition. The Commission discussed its legal obligations in reviewing wetland applications at public hearings, to reach decisions relative only to the interests applicable to the resource areas involved, to consider the distance from the project areas to the wetlands and clarify to applicants the Commission's jurisdiction under the Wetlands Protection Act (ACT) versus the Brewster Wetlands Protection By-law. The Commission further discussed interpreting wetland laws and definitions contained therein, and the advantage of reviewing related administrative law decisions before voting on projects. New Business 1. Revisino the Brewster Wetlands Protection By-law, Regulations Commissioner Jeanne Boehm requested the Conservation Commission complete its Brewster Wetlands Protection By-law amendments in time for publication in the warrant for the May, 2011 Annual Town Meeting. Mr. Gallagher responded that consultant Jane Harris, with whom the Commission has contracted to work on revisions, has submitted a draft of the document to him; he will give each Commissioner a hard copy to review at the meeting of October 19, 2010. Town of Brewster Spruce Hill Conservation Area, 3171 Main Street, 8/9 Natural Resources Director Miller requested the Conservation Commission reach a decision on the following issues. a) Notice of Intent for stair reconstruction ^ decision on requirement of engineered plan, ^ "use of funds from Conservation Fund for engineering and construction The Conservation Commission consensually agreed to table this issue until the meeting of October 19, 2010. 3. New Ameri-Corps member, Brigit Arell The Conservation Commission welcomes Ms. Arell, who will be working on various Brewster Conservation and Natural Resources Department projects. 4. Request for Superseding Order of Conditions SE 9-1492 for Denial by Conservation Commission to Donald Arthur for a permanent dock on Schoolhouse Pond. 1554 Main Street. Assessors' Map 24, Parcel 24 There is a scheduled meeting with Department of Environmental Protection personnel at 11:15 AM, October 14 on the above captioned site. 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. Mr. Schall informed the Commission he visited the above site in the last week; and found no evidence of the rare plant the applicant is required by the MA Natural Heritage and Endangered Species Program to research. Amy Usowski moved, Ken Rollins seconded the motion to adjourn the meeting. Approved Unanimously. The meeting adjourned at 8:35 PM. Carol Spade Brewster Conservation Commission Minutes. October 13, 2010 4