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Home My Public Portal AboutConservation Commission -- 2011-05-18 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 Schall convened the Wednesday, May 18, 2011 meeting of the Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present 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 Not Present Chairman Stephen McKenna 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 Hearing Notice of Intent (Continued Hearing) 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 Eligible voters:All Applicant Testimony Representative, David Bennett, RS, LPG, CGWP, attended this hearing continued from May 4 2011. Mr. Bennett stated that the MA Division of Fisheries and Wildlife, MA Natural Heritage and Endangered Species Program (MESA) has now responded*to the Notice of Intent(submitted April 13, 2011). It stated that as proposed,the project will not result in a"take" of state-listed rare species under MESA and will not adversely affect the habitat of state-protected rare wildlife species under the WPA. Referencing the site plan revisions* , "Supplemental Information"*... and variance narrative statement*, Mr. Bennett explained that in addition to the information the Commission requested on May 4, the plan shows a winter storage area, and the May 12, 2011 narrative references using painted stepping stones or photovoltaic lighting in the 100 foot buffer zone. Summary of Conservation Commission Questions and Comments: The Commission discussed the newly proposed photovoltaic lighting. Vice Chairman Schall believed the Conservation Commission should allow the lighting. The Commission determined the Conservation Administrator shall make the decision on lighting on the stone steps. Brewster Conservation Commission Minutes. May 18, 2011 1 Staff Comments/Questions Conservation Administrator Gallagher reminded the Commission that it has been consistent in its wetland permitting, in not allowing lights to illuminate wildlife habitat in jurisdictional areas. Mr. Gallagher added that the site is very visible to the public, and he anticipated complaints from those denied lighting in past wetland permits. He stated he will not allow the lighting. Public Comment There was no public comment. Review of Draft Special Conditions under the BWP By-law Following review of the draft special conditions, Ken Rollins moved, Bruce Evans seconded the motion to approve special conditions as revised below, issue an Order of Conditions and close the hearing. 1. Use of photovoltaic lighting shall be reviewed and is subject to approval by the Conservation Administrator. Such approval shall be provided in writing. If approved, lighting shall be limited to seasonal use, removed prior to November 30 of each year, and not reinstalled until after May 15. 2. All transplanted vegetation (tupelo trees) shall be tagged in the field for monitoring purposes. The tags shall remain on the planted species for easy inspection by the Conservation Agent and/or Conservation Commission, through the required monitoring period. 3. The Conservation Commission shall require two full growing seasons to ensure transplant survival before issuing a Certificate of Compliance. Any transplanted vegetation that does not survive two full growing seasons shall be replaced in kind. Approved Unanimously List of documents discussed at this hearing* 1. May 11, 2011 Letter to Harwich (sic) Conservation Commission...from Thomas W. French, Assistant Director, Natural Heritage&Division of Fisheries and Wildlife Notice of Intent* (submitted on April 13, 2011) The proposal may be subject to further review... if there is a change to the project.) 2. Site Plan, Ricardo Morant... Notice of Intent Seasonal Dingy Dock...Bennett Environmental Associates, Inc. revised May 12, 2011 3. May 12, 2011 Supplemental Information...Variance Alternatives Analysis and Narrative Citizens' Forum Show Cause HearingsNiolation 1. Paul Roberts, Order of Conditions SE 9-1497, 41 Captain Dunbar Road, 7/14, application of concrete to existing coastal engineering structure Before this meeting, Conservation Administrator Gallagher informed the property owner he anticipated there might be a quorum issue for the above referenced hearing. At this time, Mr. Gallagher requested the Conservation Commission continue the hearing to June 7. Amy Usowski moved, Jeanne Boehm seconded the motion to continue the Show Cause hearing for Paul Roberts to June 7. Continuance to June 7, 2011 Approved Unanimously. Requests for Extensions to Order of Resource Area Delineation 1. Rosalie Nelson Order of Resource Area Delineation, SE 9-1422, .0 Arline Road, 37/1-195 Following the recommendation of the Conservation Administrator, Amy Usowski moved, Bruce Evans seconded the motion to approve the above referenced request for an extension. Approved Unanimously. Brewster Conservation Commission Minutes. May 18, 2011 2 Requests for Administrative Review 1. Diane Love, 17 Cranberry Lane, 31/165, installation of pump chamber and septic system piping within 100 feet of isolated vegetated wetland 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, Amy Usowski moved, Ken Rollins seconded the motion to ratify the Administrative Review approval. Approved Unanimously. 2. Peter Zacchilli and Rosemary Van Antwerp, 83 Run Hill Road, 36/14, decks and stairs and tree removal within 50 feet of an isolated vegetated wetland 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. The small isolated wetland is regulated under the By-law only. Following review and discussion, Jeanne Boehm moved, Ken Rollins seconded the motion to ratify the Administrative Review approval. Approved Unanimously. 3. Thomas Gallerani, 660 Crowell's Bog Road,41/10-12, tree removal, planting native shrubs The Conservation Administrator believed the above referenced project meets all provisions for activities under the mechanism of Administrative Review and granted the proponent administrative approval. Following review and discussion, Ken Rollins moved, Bruce Evans seconded the motion to ratify the Administrative Review approval. conditional on substituting five highbush blueberry or ten lowbush blueberry plants for the proposed five lowbush blueberry plants. Any topics not reasonably anticipated by the Conservation Commission Chairman Request for Administrative Review 4. James Fowler, 106 Upland Circle, 10/20-48, removal of invasive vegetation 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 in which Mr. Gallagher explained he will be on the site during vegetation removal, Bruce Evans moved, Jeanne Boehm seconded the motion to ratify the Administrative Review approval. Approved Unanimously. Review and Approval of Minutes 1. April 19, 2011 Following review, Ken Rollins moved, Amy Usowski seconded the motion to approve the above referenced minutes as revised. Approved Unanimously. 2. May 4, 2011 Postponed. Discussions/Report of the Conservation Administrator 1. Emailing The Commission discussed the large amount of correspondence directed to department staff, some of which is unrelated to substantive Conservation issues. The Commission consensually agreed department staff shall forward only electronic mail they believe is relevant to Conservation Commission issues. 2. Release of Approved Executive Session Minutes The Commission shall review and release all applicable approved executive session minutes at the next available public meeting. 3. Review of Revisions to Brewster Wetlands Protection By-law Postponed to the next available meeting. 4. Review of Conservation Commission Policies Brewster Conservation Commission Minutes. May 18, 2011 3 The Conservation staff shall email Conservation Commission policies to the Commissioners for their review, prior to discussing possible amendments at a future meeting. Any topics not reasonably anticipated by the Conservation Commission Chairman Conservation Administrator Updates 1. The Town of Brewster Department of Public Works Order of Conditions SE 9-1526 0 Paine's Creek Road, Assessors' Map 1, Parcel 6. stormwater improvements , removal of asphalt parking lot Parking lot removal component of the project began May 18, 2011. 2. Ellis Town Landing. 7/16-1 The Department of Public Works removed the poorly functioning leaching catch basin and pipe and applied sand to the existing concrete block tank and beach area. 3. Nauset High School Rowing Club request to use Long Pond Landing for boat storage in the spring and autumn seasons The Commission requested the proponent file an Administrative Review application for the above referenced activity. 4. 51 Ellis Landing Road, 7/16, Thomas and Carol Edmondson, replacement of a privacy fence in jurisdictional area; no wetland filing The Commission requested the Conservation Administrator write a letter to the owner of the above referenced property and the company that installed the fence, notifying them to contact the Conservation Department prior to any work within 100 feet of wetland resources. Conservation Commission Discussion 1. Discussion on Policy on lighting in 100 foot buffer zones The Conservation Commission discussed the subject of outdoor lighting in permitting in the 100 foot buffer zone to wetlands. Historically and presently, the Commission does not allow lights in walking areas in 100 foot buffer zones or on coastal or inland bank stairways or docks, because of their potential adverse effect to wildlife habitat. Also historically and presently, the Commission allows exterior lights on dwellings, garages and parking lots for safety purposes only. They must be directed downward and shielded so the light does not illuminate wildlife habitat in jurisdictional areas. Spotlights and floodlights cannot be installed within the 100 foot buffer zone of a resource area, or allowed to penetrate any resource area or 100 foot buffer zone. The Commission decided staff will contact the MA Natural Heritage and Endangered Species Program for written scientific documentation on the effect of high and low voltage and photovoltaic lights on wildlife habitat, to enable the Commission to base any new policy decision on concrete evidence. Specifically: 1. habitat of the damsel fly or dragon fly 2. habitat of all other forms of wildlife; mammal, (other) insects, fish. Review of Correspondences 1. Letter from MA Association: Commissioner Ken Rollins' Certificate of Achievement for Training The Conservation Commission congratulated Mr. Rollins on his hard work and achievement in successfully completing the above referenced Conservation Commissioner training courses. Vice Chairman Schall highly recommended Commissioners participate in this valuable educational opportunity, which allows the Commission to make decisions based on science and environmental laws. Brewster Conservation Commission Minutes. May 18, 2011 4 At 8:20 PM, Amy Usowski moved, Ken Rollins seconded the motion to adjourn the meeting. The meeting adjourned at 8:20 PM. Carol Spade Among the list of documents*for this meeting is the following: 1. Administrative Report of the Conservation Administrator dated May 18, 2010. 2. 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 18, 2011 5