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Home My Public Portal AboutConservation Commission -- 2011-05-04 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 Vice Chairman Donald Schall convened the Wednesday, May 4, 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 (arrived at 7:55 PM), 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 Vice Chairman Schall read into the record the following: "As required by the Massachusetts Open Meeting Law,the Conservation Commission is informing the public that this meeting will be audio recorded. Anyone else intending to audio record is required to inform the Chairman prior to the meeting." Public Hearings Notices of Intent (Continued Hearing) Edward and Elizabeth D'entremont propose to construct an addition to a single family dwelling, including a screened porch within 50+feet of a Bordering Vegetated Wetland, and upgrade an existing septic system, on 63 Daisy Lane, Assessors' Map 24, Parcel 58. Eligible voters:All. (Hearing continued from April 19,2011) The Conservation Commission closed the continued hearing of April 19, 2011 to public testimony, and continued to May 4 to allow the department staff to draft special conditions for Order of Conditions SE 9-1527. Review of Draft Special Conditions under the BWP By-law Following review, Ken Rollins moved, Bruce Evans seconded the motion to approve the draft special conditions as written and issue Order of Conditions SE 9-1527 for the above captioned project. Approved Unanimously (Continued Hearing)The Town of Brewster Department of Public Works proposes stormwater improvements at Paines' Creek Road North, removal of an existing asphalt parking lot at Paine's Creek Beach and clearing, leveling and laying stone for a small parking and turning area southeast of the existing parking lot.Work is proposed in and/or within 50 and 100 feet of a coastal dune, coastal beach, barrier beach, salt marsh, land subject to coastal storm flowage and a riverfront. 0 Paine's Creek Road, Assessors' Map 1, Parcel 6. (This Notice of Intent was amended to eliminate the formerly proposed stormwater improvements at 0 Saint's Landing) Eligible voters:McKenna,Schell,Boehm,Evans,Usowski(Hearing continued from March 15 and April 19,2011) Applicant Testimony There was no applicant testimony. The Conservation Commission continued the hearing of April 19, 2011 to allow the department staff to draft special conditions under the BWP By-law. Brewster Conservation Commission Minutes. May 4, 2011 1 Staff Comments Mr. Gallagher explained the proponent submitted a revised preliminary site plan by electronic mail on May 3, 2011, showing more detailed wetland delineations, and a small portion of the area to be cleared and leveled for future parking is within the dune delineation. Referencing his Administrative Report*, he asked that the Commission determine if the portion of dune resource area may be cleared and leveled. Public Comment There was no public comment. Conservation Commission Comments and Review of Draft Special Conditions under the BWP By-law As at the hearing of March 15, Mr. Schall repeated he believed that the plan must show thorough resource area delineation; east of the coastal beach and, most importantly topography of the (southerly) coastal bank and the channel draining into the easterly located Freeman's Pond. He stressed that identifying the Land Subject to Coastal Storm Flowage (LSF) could help in this delineation. Following discussion, the Commission consensually agreed the two special conditions*captioned below address these concerns: B7. No work shall occur on the area to be cleared between Paines Creek Road and Robbins Hill Road until a revised plan showing accurate wetland delineations has been reviewed and approved by the Conservation Commission. B8. The clearing, grading, and addition of crushed stone in the area between Paine's Creek Road and Robbins' Hill Road represent phase one of improvements to this area. When final plans for this area are developed, the project proponent may request to amend this Order of Conditions. Amy Usowski moved, Jeanne Boehm seconded the motion to approve the project under Order of Conditions SE 9-1526 with special conditions amended as shown below, and close the hearing. • Erosion control fence shall not disturb salt marsh vegetation, and may be modified in the field in consultation with the Conservation Administrator. • Sand drift fence and/or snow fence may be installed to direct pedestrian traffic. Approved Unanimously by eligible voters Donald Schall, Jeanne Boehm, Bruce Evans and Amy Usowski. List of documents*submitted for the project and discussed at this hearing 1. "Site Plan, Town of Brewster...USDA NRCS Stormwater Improvements Paines Creek Road Site Plan 4/4/11", received 5/3/11 (Continued Hearing) Chris Miller representing the Town of Brewster proposes to construct a wooden stairway on a coastal dune to mitigate erosion from the coastal dune caused by foot traffic, on 0 Breakwater Road, Assessors' Map 4, Parcel 55-1. Eligible voters:All. (Hearing continued from April 19,2011) The Conservation Commission closed the continued hearing of April 19, 2011 to public testimony, and continued to May 4 to allow the department staff to draft special conditions under the BWP By-law. Review of Draft Special Conditions under the BWP By-law Following review, Ken Rollins moved, Donald Schall seconded the motion to approve the draft the special conditions as written and issue Order of Conditions SE 9-1528. Approved Unanimously (Continued Hearing) Bruce Schulze proposes to remove and replace an existing septic tank and pump chamber with a septic system meeting Title V of the MA Sanitary Code. Brewster Conservation Commission Minutes. May 4, 2011 2 Work is to take place within 50 feet of a bordering vegetated wetland on 85 Hamilton Cartway, Assessors' Map 47, Parcel 72. Eligible voters:McKenna,Schell,Boehm,Evans,Usowski(Hearing continued from March 15 and April 19,2011) The Conservation Commission closed the continued hearing of April 19, 2011 to public testimony, and continued to May 4 to allow the department staff to draft special conditions under the BWP By-law. Review of Draft Special Conditions under the BWP By-law* Following review, Amy Usowski moved, Jeanne Boehm seconded the motion to approve the draft special conditions as written and issue Order of Conditions SE 9-1525. Approved by eligible members Stephen McKenna, Donald Schall, Jeanne Boehm, Bruce Evans and Amy Usowski. Ken Rollins abstained. Ricardo Morant proposes to install a seasonal dock on an inland bank and land under a waterbody of Black Pond, and remove and prune vegetation with hand held tools and install fieldstones in a bordering vegetated wetland; on 0 Black Pond, Assessors' Map 49, Parcel 17-94; abutting owner's residence at 591 Pleasant Lake Avenue, Harwich, MA Chairman Stephen McKenna arrived at this time (7:55). Applicant Testimony Representative, David Bennett, RS, LPG., CGWP Mr. and Mrs. Morant attended. Displaying large sample dock photos*, Mr. Bennett reviewed the proposal for the seasonal dock and pruning to maintain the path, and briefly addressed alternatives to the project, as he had not submitted the required written alternative analysis for the BWP By-law variance request. Responding to the Conservation Administrator's (Administrative Report*) comments on the importance of extending the defined path westward to the existing dwelling to protect the buffer zone, Mr. Bennett explained he believed a defined path in this location would have more impact than one less visible as it may attract off-season trespassers. Mr. Bennett added that he submitted an application for a Simplified Chapter 91 License to DEP for the seasonal dock. He further explained that the MA Division of Fisheries and Wildlife, MA Natural Heritage and Endangered Species Program (MESA) has not responded to the applicant's Notice of Intent* (submitted on April 13, 2011) as to the project's occurrence in and potential effect on Priority Habitat for non-wetlands plant and wildlife under the MA Endangered Species Act (MESA), and Estimated Habitat Map of Rare Wildlife under the WPA. Conservation Commission Comments Chairman McKenna believed an on-ground seasonally removable wooden walkway would have less impact on the unique grass and heathland buffer zone and wetland than would the proposed permanent fieldstone path. The Commission also briefly discussed the construction material for the proposed dock, and consensually agreed on its proposed dimensions. Amy Usowski moved, Jean Boehm seconded the motion to continue the hearing to May 18, to allow the proponent to submit the following: 1. Written project variance statement/alternative analysis 2. A revised plan showing: • Proposed dock and path in full plan view, showing a) path extending from existing dwelling to pond b) details on path materials/spacing 3. Response from the MA Division of Fisheries and Wildlife, MA Natural Heritage and Endangered Species Program (MESA)*. Continuance to Wednesday, May 18, 2011 Approved Stephen McKenna abstained. Brewster Conservation Commission Minutes. May 4, 2011 3 Mr. Morant stated the hearing was extremely constructive, and if the Conservation Commission approves his project, he and his family will enjoy Black Pond even more than they do presently. List of documents*submitted for the project and discussed at this hearing 1. Notice of Intent for Ricardo Morant, submitted April 13, 2011 2. Photos;sample dock materials 3. "Site Plan, Ricardo Morant... Notice of Intent Seasonal Dingy Dock... Bennett Environmental Associates, Inc. 3/30/11" 4. MA Natural Heritage and Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries& Wildlife requires submittal of a Notice of Intent with site plans with the rare wildlife species section of the MA WP ACT, and MESA Review Checklist and supporting documentation for review pursuant to the MA Endangered Species Act Regulations(321 CMR 10.18) Commissioner Ken Rollins was recused from the following hearing and left the meeting room. (Continued Hearing) 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. Eligible voters: McKenna,Boehm,Usowski,Schall(Testimonial Hearing continued from March 15 and April 19, 20110). Ms. Lode Wood attended as representative for Richard and Margaret Wood. Staff Comments Mr. Gallagher stated the revised site plan*contains stepping stones in the 50 to 100 foot buffer zone in lieu of a proposed solid slab walkway. Public Comment Citizen Henry Hayes requested clarification on various components of the project. Chairman McKenna informed him because the Brewster Board of Selectmen does not allow citizens town landing use for access in applying fill to their properties seasonally after May 1, Mr. Wood did so at his own risk prior to the Commission's granting an Order of Conditions. Review of Draft Special Conditions under the BWP By-law Following review and discussion, Donald Schall moved, Amy Usowski seconded the motion to approve the special conditions as amended and issue Order of Conditions SE 9-1524. Approved by eligible voting members Jeanne Boehm, Donald Schall, Amy Usowski and Stephen McKenna. Bruce Evans abstained. List of documents*discussed at this hearing 1. "Site Plan, Cape Cod Engineering, Inc., Topographic Plan of Land Showing Proposed Reconstruction of an Existing Stairway...Sand Drift Fencing, Beach Nourishment...Pathway Surfacing 4/24/11 Ken Rollins returned to the meeting room. Citizens' Forum There was no one present wishing to speak at this time. DiscussionNote 1. Acceptance of Grant and Conservation Restriction; Baker's Pond Road, The Commission discussed the above referenced restriction on property owned by the Brewster Conservation Trust. Donald Schall moved, Amy Usowski seconded the motion to accept the above referenced grant. Approved Unanimously 2. Main Street, 16/79 Town of Brewster Harden Chapman Preserve: April 28, 2011 Request letter from Peter Johnson, Chairman, Brewster Conservation Trust, to cut vines and remove trash Brewster Conservation Commission Minutes. May 4, 2011 4 The Commission briefly discussed the above referenced proposal. Mr. Gallagher explained the proponent does not propose herbicides; nor is the work within wetland jurisdiction. The Conservation Commission consensually agreed to the activities as recommended by the Conservation Administrator. Violation 1. Paul Shea, Environmental Consultant representing Richard Bonetti, 0 L.P. Albert Road,47, 1-6, Appeal of Notices of Violation Under BWP By-law Mr. Shea reported the violation site appears stable as planted with the required temporary native winter grass. On behalf of his client, he requested the Conservation Commission reduce the $2,000.00 contribution to the Brewster Conservation Fund (in lieu of paying nine$300.00 Conservation Commission Notices of Violation) so that Mr. Bonetti can spend the funds on the permanent restoration. Mr. Shea added Mr. Bonetti will plant the required shrubs within two weeks, and he will monitor and submit professional written monitoring reports on their success to the Commission. The Commission unanimously agreed Mr. Bonetti must pay the $2,000.00 donation to the Conservation Fund in full (on or) before May 18, 2011. Report of the Conservation Administrator/Amended Order of Conditions Preliminary Discussion, Robert Richardson Order of Conditions SE 9-1426, 3137 Main Street, Assessors' Map 8, Parcel 16, Request for Commission to determine whether purpose or scope of new proposal - landscaping with a retaining wall and raised lawn area within 100 feet and planting within 50 foot buffer zone- has not substantially changed and/or increased... such that project can be reviewed as an amendment Following discussion, the Commission consensually agreed to entertain a request for an amendment to the above referenced Order of Conditions, contingent on submittal of site plans and a letter describing fully all of the requested changes. The Commission requested the landscape plan show native grass plugs and forbs as opposed to a wildflower and grass seed- mix. Violation of MA WPA and BWP By-law 1. Paul Roberts, Order of Conditions SE 9-1497, 41 Captain Dunbar Road, 7/14, application of concrete and stones to existing coastal engineering structure Staff Comments Conservation Administrator Gallagher explained that on Friday, April 22, 2011, he witnessed workers applying concrete and stones to the crevices between boulders and adding concrete to the top of the revetment referenced above. He ordered the workers to stop adding the material and remove all that had not hardened in place. The applicant/owner, Paul Roberts, had not notified the Conservation Department of his intensions prior to doing the work, did not have a copy of the Order on the site and the work was not in accordance with the site plan approved by the Conservation Commission (violations of the Order of Conditions). Mr. Gallagher explained he spoke with Paul Roberts when he returned his April 22 telephone call regarding the violation, on April 25. Mr. Gallagher recommended the Commission ultimately require the owner hire a surveyor/ engineer to determine the height of the coastal engineering structure resulting from this activity. Conservation Commission Comments Brewster Conservation Commission Minutes. May 4, 2011 5 Following discussion, the Conservation Commission consensually directed Mr. Gallagher to issue an Enforcement Order to cease and desist from all activity at this time, to issue three Notices of Violation under the By-law, and to require the owner to attend a Show Cause hearing for the violations on May 18, 2011. Pruning Consultant Overview 1. Sears' Point Condominium Association, Order of Conditions SE 9-1517, 177 Sears' Point Drive, Assessors' Map 4 Parcel 1 2. Cobbs Pond Condominium Association, Order of Conditions, SE 9-1467, 120 Wauquanesit Drive,Assessor's Map 17, Parcel 1 Mr. Gallagher reported that he acted as the consultant for the Conservation Commission in overseeing the above referenced projects in April of this year. 3. Ocean Edge Resort LTD Order of Conditions SE 9- 1435, 2871 Main Street, 14/1 Mr. Gallagher reported environmental consultant Michael Talbot oversaw pruning as consultant for the Conservation Commission for the above referenced project in April of this year. Request for Release of Performance Checks 1. 286 Robbins Hill Road, 2/9 Order of Conditions SE 9-1358 Lothrup Smith 2. 298 Robbins Hill Road, 2/8 Order of Conditions SE 9-1359 Douglas Smith As recommended by the Conservation Administrator, Donald Schall moved, Jeanne Boehm seconded the motion to approve the above referenced requests. Approved Unanimously Review and Approval of Minutes 1. April 11, 2011 Following review, Donald Schall moved, Ken Rollins seconded the motion to approve the above captioned minutes as written. Approved Unanimously Amy Usowski moved, Donald Schall seconded the motion to adjourn the meeting. Approved Unanimously The meeting adjourned at 9:25 PM. Carol Spade Among the list of documents*for this meeting are the following: Administrative Report of the Conservation Administrator dated May 4, 2010 Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service(www.capecodextension.orq), list of plantings for coastal/inland wetland buffer zones depicting the species, size and natural spacing of plants Brewster Conservation Commission Minutes. May 4, 2011 6