HomeMy Public PortalAboutConservation Commission -- 2011-02-15 Minutes Brewster Conservation Commission Minutes— Meeting Under Massachusetts General Law
131, §40,Wetlands Protection Act(MA 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 convened the Tuesday, February 15, 2011 meeting of the Brewster
Conservation Commission 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, Conservation Administrator James Gallagher, Natural
Resources Director Chris Miller, Department Assistant Carol Spade
Chairman McKenna/Vice Chairman Schall read into 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. Anyone else intending to audio
record is required to inform the Chairman."
Public. Hearings
Notices of Intent:
Vice Chairman Donald Schall was recused from the following three public hearings and left the
meeting room.
(Continued Hearing) Sears' Point Condominium Association proposes to grade the top of
a Coastal Bank and nourish a Coastal Beach with the existing bank material, remove
invasive vegetation, plant native vegetation and create a management plan for vista
pruning,on 177 Sear's Point Drive, Assessors' Map 4, Parcel 1.
Eligible voters,Boehm, Evans, Rollins,Usowski
David Lyttle, Ryder and Wilcox, Inc. PE, PLS and Theresa Sprague, Wilkinson Ecological Design,
represented the applicant at this hearing, continued from January 4, 2011.
Mr. Lyttle submitted a revised Alternatives Analysis*for the project at this time. He stated that the
revised plan*shows the viewing platform 20 feet landward from the platform depicted on the last
plan revision.
On reviewing the revised information, Chairman McKenna remarked that the Conservation
Commission requires mitigation of two shrubs for each plant removed when granting variances.
The proponents clarified several components of the planting plan, as follows:
• Invasive species occur in the proposed location of the viewing platform, and the
proponent proposes to remove the invasive vegetation.
• The proponent proposes to re-establish the view corridor.
• The proponent proposes to remove the invasive burning bush hedge.
• The proponent proposes to remove the northern portion of the brick walkway leading to
the relocated platform.
• Mitigation at the top of the bank consists of 100 shrubs, the existing cherry trees will
remain, and the proponent proposes to prune the invasive shrubs not intended for
removal at three to five foot naturally aligned heights.
Brewster Conservation Commission Minutes. February 15, 2011 1
• Mitigation at the top of the bank consists of 100 shrubs, the existing cherry trees will
remain, and the proponent proposes to prune the invasive shrubs not intended for
removal at three to five feet naturally aligned heights.
The Commission discussed an area at the western property edge top of bank referenced by
Conservation Administrator Gallagher in past hearing comments for this project.
Mr. Gallagher explained the site plan for outstanding Order of Conditions, SE 9-1187 showed
appropriate* native vegetation in this location as mitigation for plants removed. The applicant has
not planted the area, and therefore, is in violation of this Order of Conditions.
The Commission consensually agreed to require the area planted as a condition of the Order of
Conditions at hand. After the area is planted, the proponent shall request a Certificate of
Compliance for Order of Conditions SE 9-1187.
Hearing no request for attendee comment, Amy Usowski moved, Ken Rollins seconded the
motion to continue the hearing to March 1, 2011, to allow the applicant time to complete and
submit the following:
1. A revised planting plan showing:
• Appropriate* native mitigation shrubs at the top of coastal bank, required in Order
of Conditions SE 9-1187.
2. Overhanging vegetation on the coastal bank may be removed using hand tools only.
Continuance to March 1, 2011 Approved Unanimously.
List of documents*submitted for the project and/or discussed at this hearing
I. Notice of Intent for Sears Point Condominium Association, submitted 11/15/10
II. "Revised Alternatives Analysis, Sears Point Condominium Association, submitted 2/15/11
Ill. Planting Plan Sears Point... rev. 1/18/11
IV. "Site Plan Showing Deck Relocation and Bank Stabilization'; Ryder and Wilcox, rev.1/10/11
V. "Revised Project Narrative/Land Management Plan..." 1/18/11
VI. 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
LContinued Hearing)John Towner, applicant for Ocean Edge II, proposes to prune for a
view, remove invasive species and implement a vegetation management program. Work is
to take place within 50 feet of and within Coastal and Inland Resource Areas and within a
Riverfront, on Ocean Edge Drive, Assessors' Map 14, Parcel 1.
Eligible voters, Boehm, Evans, McKenna, Usowski
Matt Farrell, J. M. O'Reilly and Associates, Inc, and Douglas Guey-Lee, Wilkinson Ecological
Design represented the applicant for the hearing continued from January 18, 2011.
Mr. Guey-Lee displayed photos*of the subject area.
A short discussion centered on the plan and management narrative for the project.
Hearing no comments from other attendees and following review of the drafted special conditions
under the BWP By-law, Bruce Evans moved, Jeanne Boehm seconded the motion to close the
hearing and issue an Order of Conditions with the following statement and additional special
condition:
• The Conservation Commission does not confirm the accuracy of the resource areas in
this Order of Conditions/Plan of Record*.
• A compact hand directed excavator or machine is permitted for removal of autumn olive
(Elaeagnus umbellata) on the coastal dune immediately adjacent to the existing pathway.
Protective mats shall be used to protect existing vegetation and soils. Shrub
honeysuckle on the coastal dune shall be removed by hand.
Brewster Conservation Commission Minutes. February 15, 2011 2
Approved by Commissioners Usowski, Boehm, Evans and McKenna. Ken Rollins abstained.
List of documents*submitted for the project and discussed at this hearing
I. Notice of Intent for John Towner, submitted 12/30/10
II. Wilkinson Ecological Design Ocean Edge II Condo.Assoc. Vegetation Management Plan J. M.
O'Reilly&Associates, Inc. rev. 1/24/11
III. "Land Management Plan Ocean Edge 11 Condominium Association Vegetation Management Plan rev.
1/24/11"
IV. Photos(four, unlabeled) showing subject area
Commissioner Bruce Evans left the meeting at this time.
Richard and Margaret Wood propose to nourish a coastal beach and construct a sand drift
fence, rebuild existing stairs on a coastal bank, and remove invasive vegetation and
construct a walkway from the existing dwelling to the top of the stairs, on 112 Governor
Prence Road, Assessors' Map 4, Parcel 3.
Representative, Robert M. Perry, Cape Cod Engineering, Inc.
Mr. Perry described the project.
Discussion centered on the proposed walkway in the 50 foot buffer zone.
The Commissioners discussed its review of the proponents'wetland filing (SE 9-1487) for
demolition and reconstruction of a dwelling for the property, stating they reviewed the restoration
landscape plan*very carefully to ensure there would be no adverse impacts on the 50 foot buffer
zone.
The Commissioners consensually agreed they would not approve the proposed walkway in the
50 foot buffer zone. Amy Usowski moved, Jeanne Boehm seconded the motion to continue the
hearing until March 1 to allow the proponent time to revise the landscape plan*accordingly.
Continuance to March 1, 2011 Approved Unanimously.
List of documents*submitted for the project and discussed at this hearing
I. Notice of Intent for Richard and Margaret Wood, filed January 28, 2011
II. "Topographic Plan of Land Showing Proposed Reconstruction of an Existing Stairway,;;;Sand Drift
Fencing, Beach Nou►ishment,...Pathway Surfacing...1/4/11"
III. "Buffer Zone Restorative Landscape Sketch Plan 112 Governor Prence... Prepared by
Cape Cod Engineering, Inc, Revised 9/21/10.
Chris Miller left the meeting room temporarily (7:55).
Donald Schall returned to the meeting room to participate in the remainder of the meeting.
(Continued Hearing) Nancy J. Taft proposes to maintain an existing pier on Sheep Pond, at
385 Crowell's Bog Road, Assessors' Map 41, Parcel 5-1.
Eligible voters,Boehm, Evans, McKenna,Schall, Usowski
Representative, Robert Perry, Cape Cod Engineering, Inc.
Mr. Perry described the revisions to the project following the public hearing of January 18, when
the consensus was to require a reduction of the removable section to meet policy requirements
regarding length.
Discussion resulted in the Commission's consensus that the revised plan meets the
Commission's requirements. Donald Schall moved, Amy Usowski seconded the motion to
approve the project, close the hearing and issue an Order of Conditions with special conditions*
under the By-law, as reviewed and amended at the hearing. Approved. Ken Rollins abstained.
List of documents*submitted for the project and discussed at this hearing
I. Notice of Intent for Nancy J. Taft, submitted 12/30/2010
II. Plan of Existing Pier in Sheep Pond 385 Crowell's Bog ...Prepared for Nancy J. Taft, rev. 1/20/11
Brewster Conservation Commission Minutes. February 15, 2011 3
iii. Draft special conditions under the By-law
Chris Miller returned to the meeting room (approximately 8:30).
Violation/Show Cause Hearing
Order of Conditions SE 9-1481 Evelyn Plant, 322 Robbins Hill Road, 2/4, beach nourishment
Violation of :
Plan General Note 6: The contractor shall provide clean couarse compacted sand...
Special Condition B5. All work shall be in accordance with the approved plan(s) of record...
Special Condition B20: Sand used for beach nourishment shall be compatible in size, color, and
texture with existing sand in the area.
Jenifer Doucette, Cape Cod Docks, Inc., attend.
Conservation Administrator Gallagher informed the Commission of the events of February 11,
2011, when he inspected the above referenced property and discovered the fill material applied to
the beach had unacceptable debris, includings brick, concrete, asphalt, glass, pvc pipe and other
plastic, and was otherwise incompatible in size, color and texture to the existing beach sand. He
immediately informed the parties involved of the violation, and issued them a stop work order.
The Commission noted this wetland violation is the second by Cape Cod Docks, Inc in Brewster
in recent years.
Ms. Doucett informed the Commission she agreed the last 100 yards of fill were were not
acceptible, and that Cape Cod Docks was prepared to sift the foreign particles from the fill rather
than remove it completely.
The Conservation Commission consensus was that Cape Cod Docks, Inc. shall remove all of the
fill. The Commission consensually authorized the Conservation Administrator to issue an
enforcement order to Cape Cod Docks and to the property owner, mandating workers commence
removing the fill by Thursday AM, February 17. Additionally, the Conservation Administrator shall
issue a $300.00 Town of Brewster Notice of Violation of Wetland Protection Bylaw to Cape Cod
Docks, Inc. The Conservation Commission shall issue additional fines under the WP By-law for
each day work has not commenced; work shall be completed by Thursday, February 24, 2011.
The Conservation Department shall send a copy of the enforcement order to Coastal Engineering
Company, which filed the wetland Notice of Intent for the beach nourishment project.
Amy Usowski moved to revoke the stop work order. Jeanne Boehm seconded the motion. The
motion was Approved Unanimously.
Review of Proposed Fee Revisions
The Commission reviewed and consensually agreed to approve the second draft of proposed fee
revisions. The staff will advertise the proposed fees for a public hearing on March 15, 2011.
Citizens' Forum
No attendees were present.
Requests for Certificates of Compliance
1. Richard Courtiss, Order of Conditions SE 9-1331, 31 Frank D. Lawrence Road, 36/72,
demolition of existing and construction of new dwelling
The Conservation Administrator explained that the spotlights installed on the dwelling's
exterior angle downward as required in the Order of Conditions, but have no motion
detectors. Donald Schall moved, Amy Usowski seconded the motion to issue a
Certificate of Compliance pending installation of the motion detectors on the spotlights.
Approved Unanimously.
Brewster Conservation Commission Minutes. February 15, 2011 4
2. Joseph and Susan Biernat, Order of Conditions SE 9-1472,940 Satucket Road 26/26-1,
stairway, dock
Following the recommendation of the Conservation Administrator that the project
complies with the Orders of Condition, Bruce Evans moved, Ken Rollins seconded the
motion to approve the Certificate of Compliance. Approved Unanimously.
3. Kirk A. Evans and Nancy A. Shaheen, SE 9-1328, 375 Punkhorn Road, 50/30, additions
Following the recommendation of the Conservation Administrator that the project
complies with the Orders of Condition, Bruce Evans moved, Ken Rollins seconded the
motion to approve the Certificate of Compliance. Approved Unanimously.
Request for Administrative Review
1. Paul Sellers, NSTAR, tree maintenance in East Brewster, 6A, Various
The above captioned maintenance is exempt under the WP ACT. Under the WP By-law,
the maintenance is exempt from review with the provision that the work conforms to the
performance standards adopted by the Conservation Commission and that the proponent
submits prior written notification to the Conservation Commission in writing. Ken Rollins
moved, Amy Usowski seconded the motion to ratify the Administrative Review Request.
Approved Unanimously.
Review and Approval of Minutes
1. February 8, 2011
Postponed.
Discussions/Report of the Conservation Administrator
1. Letter of February 3, 2011 from NSTAR regarding installation of gates in utility
rights-of-way easements
The Commission consensually agreed the above referenced proposal does not meet the
performance standards under the BWP By-law for maintenance of existing structures,
etc., used in the services of the public. The project, therefore, is not exempt from the BWP
By-law, and the utility company must file, at minimum, a Request for Determination of
Applicability for the project.
2. Conservation Restriction for Peter Copelas Definitive Open Space Subdivision
Plan of Land off Naumkeag Acres, on Freeman's Way, 42/66, 67
The representatives for the above captioned property owner requested the Conservation
Commission hold a conservation restriction for the open space referenced above. The
Commission consensually believed the owners might seek other options, but agreed to
have Administrator Gallagher confer with the officials of the Compact of Cape Cod
Conservation Trust on this request.
3. a). Brewster Comprehensive Water Planning Committee (CWPC)
b). Hearing Notice Cape Cod Commission Orleans Comprehensive Wastewater
Management Plan, March 1, 2011 @ 6:00 PM, Orleans Town Offices: Project Name:
Orleans Comprehensive Wastewater Management Plan,Tri-town Septage
Treatment Plant and plant site;
Mr. Gallagher reported he attended the February 14, 2011 meeting of the Brewster
Comprehensive Water Planning Committee (CWPC).
With regard to the proposed Orleans Comprehensive Wastewater Management Plan, the
committee has concerns over how the affected Namskaket estuary's assimilative
capacity of treated effluent will be apportioned among the towns involved; Orleans,
Eastham and Brewster, prior to permitting, as 87% of the estuary's watershed lies within
the Town of Brewster.
The existing Tri-town Septage Treatment facility presently discharges some of the
effluent into the Namskaket estuary. The committee has concerns over potential
Brewster Conservation Commission Minutes. February 15, 2011 5
environmental impacts from the proposed wastewater treatment facility on the
Namskaket estuary.
Mr. Gallagher added that Town Administrator Charles Sumner suggested Patricia
Hughes, the committee's chairman, and Town Planner Sue Leven meet with the
Commission to discuss the Orleans Comprehensive Wastewater Management Plan.
Amy Usowski, the Conservation Commission's former liaison to the CWPC, added that
Phase 1 of the CWPC needs assessment of Brewster's Integrated Water Resources
Management Plan is now complete.
Ms. Hughes will review the Conservation Commission wetland files of the Tri-town Septic
Treatment Plant, to determine the Commission's concerns over Namskaket Marsh when
the plant originally began its operation.
4. Pleasant Bay Alliance Seminar, Friday, March 25, 2011 from 9:00 AM to 12:30 PM.
Mr. Gallagher recommended interested Commissioners attend this meeting.
Amy Usowski moved, Donald Schall seconded the motion to adjourn the meeting.
Approved Unanimously. The meeting adjourned at 9:40 PM.
Carol Spade
Brewster Conservation Commission Minutes. February 15, 2011 6