HomeMy Public PortalAboutConservation Commission -- 2011-07-19 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, July 19, 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, Commissioners Jeanne Boehm, Bruce Evans, Ken Rollins,
Amy Usowski, Conservation Administrator James Gallagher, Department Assistant Carol
Spade
Not Present
Natural Resources Director Chris Miller
Chairman McKennaNice 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
Notice of Intent
(Continued Hearing) Ocean Edge Resort, c/o Rick Roberto, CJ Management, proposes
to vista prune, creating views from condominium units to Cape Cod Bay, and remove
invasive species. The activity is proposed in and within 50 feet of coastal and inland
wetlands; off Nickerson Lane, Assessors' Map 14, Parcel 1.
Summary of Applicant Testimony
Representatives, Matt Farrell, J. M. O'Reilly Associates, Steve Heywood and Dave Chalker,
Bartlett Tree, Rick Roberto, Ocean Edge Resort
Mr. Farrell displayed a large copy of the plan of record*which delineated the invasive species
removal areas in color, and referencing the plan*, variance request* and management plan*
in the Notice of Intent*, presented the proposed vista pruning and invasive species removal
proposal for work in and within 50 feet of resource areas, which include tidal flats, coastal
beach, coastal dune, land subject to coastal storm flowage and inland bog. He stressed the
applicant proposes to remove approximately 11,691 square feet of invasive species.
Explaining specifics on the project process, Steve Heywood and Dave Chalker stated the
work will commence in the fall season with removal of invasive species first in the 100 to 50
foot buffer zone, followed by work from 50 to 0 feet of resource areas, and some temporary
seeding mitigation. They propose to remove between two to six-inch diameter sapling (native)
tupelo (Nyssa sylvatica), the predominant species in the inland wetland and buffer zone, and
pitch pine and grey willow sprout growth, during the winter months. No large plant material
will be removed. Mitigation will be a mixture of seeding and fescues. Some of the native
vegetation planted (under a previous Order of Conditions) is beginning to fail; it will be re-
planted in the fall season.
Brewster Conservation Commission Minutes. July 19, 2011 1
Staff Comments/Questions
Mr. Gallagher suggested the Commission consider hiring an environmental consultant to be
paid by the applicant, to review the project.
Summary of Conservation Commission Questions and Comments:
The Commission believed the proposal should be clearer i.e., the written narrative and plan
should document the following:
1. Within the view corridors:
a). The percentage of existing sprout and mature tupelo as compared to other tree
species.
b). The percentage of proposed tupelo sprout removal and mature tupelo pruning in
comparison with that of the other tree species.
2. Within all work areas:
a). Clarification on areas of invasive species removal.
b). Clarification on areas and method of sprout removal.
d). Invasive species (non-native and native) provide some habit value; therefore
mitigation with native woody species is important.
The Commission agreed on the following:
1. The final plan shall show mitigation of removed invasive species with low growing
native shrub plantings from the Commission's approved planting list*.
2. The project shall be phased, with work to proceed subject to approval following
receipt of monitoring reports.
3. The Commission shall hire an environmental consultant to be paid by the applicant,
to review the project.
4. The Commission shall meet as a group on the site with the Conservation
Commission's hired environmental consultant, prior to any continued hearing.
Public Comment
There was no public comment.
Bruce Evans moved, Ken Rollins seconded the motion to continue the hearing to August 16,
to allow the proponent and the Commission to address the above concerns. The Commission
will review draft special conditions at the hearing.
Continuance to August 16, 2011 Approved Unanimously.
List of documents*submitted for the project and discussed at this hearing
1. Notice of Intent for Ocean Edge Resort
• Variance Request
• "Site Plan, Bay Pines Condominium Restoration Plan, J. M.O'Reilly..., 6/16/11"
• "Site Plan, Bay Pines Condominium Restoration Plan, J. M.O'Reilly ..., 6/16/11"
showing invasive species removal areas in color
• "Land Management Plan for Bay Pines...Prepared by Barttlett Tree Experts,
6/17/11"
2. Conservation Commission Approved Planting List: Cape Cod Cooperative Extension
Service(www.capecodextension.org), list of native woody plants for coastal/inland
wetland buffer zones depicting the species, size and natural spacing of plants
Request for Determinations of Applicability
David and Amy Mason request determinations of Conservation Commission
jurisdiction over construction of a 24-by 30-foot outbuilding (garage),within 100 feet of
an inland bank, on 1211 Stony Brook Road, Assessors' Map 23, Parcel 42.
Applicant Testimony
Amy Mason attended.
Brewster Conservation Commission Minutes. July 19, 2011 2
Staff Comments
Mr. Gallagher described the proposed project, explaining the wetland is an intermittent
stream traversing and receiving storm water from Stony Brook Road.
Summary of Conservation Commission Questions and Comments:
Discussion was primarily construction related.
Public Comment
There was no public comment.
Amy Usowski moved, Jeanne Boehm seconded the motion to issue
Negative Determinations as follows, referencing the following conditions:
3. The work described in the Request is within the Buffer Zone, as defined in the
regulations, but will not alter an Area subject to protection under the Act. Therefore, said
work does not require the filing of a Notice of Intent, subject to the following conditions (if
any).
6. The area and/or work described in the Request is not subject to review and approval
by Town of Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection
By-law.
The owner shall adhere to construction notes listed on the approved plan of record,
as follows;
1) Limit of work line to be delineated by a silt fence, properly installed.
2)A 2' x 1' stone trench shall be located under the drip lines of the roof.
Approved Unanimously
List of documents*submitted for the project and discussed at this hearing
1. Request for Determination...for David and Amy Mason
• Approved Plan of Record: Site Plan,J. M.O'Reilly&Associates, Inc. Plot Plan
Showing Proposed Garage at 1211 Stony Brook Road...Prepared for David and
Amy Mason, 6/8/11"
Abbreviated Notice of Resource Area Delineation
Thomas and Carol Edmondson request the Conservation Commission determine the
accuracy of resource areas delineated on plans for parcels owned by Paul Roberts,
Peter Wallis, Thomas and Carol Edmondson and the Town of Brewster; on 41,47 and
51 Captain Dunbar Road and 0 Ellis Landing, Assessors' Map 7, Parcels 14, 15, 16 and
16-1 0.
The project proponent submitted a written request to continue the above referenced hearing
to August 2. Bruce Evans moved, Jeanne Boehm seconded the motion to continue the
hearing to August 2, 2911. Motion Approved Unanimously
Citizens' Forum
There was no one present wishing to speak at this time.
1. Order of Conditions SE 9-1526 Town of Brewster Department of Public Works
stormwater improvements, removal of an existing asphalt parking lot at Paine's
Creek Beach and small parking and turning area southeast of the existing parking
lot. 0 Paine's Creek Road, Assessors' Map 1, Parcel 6
Review and Update on Required Site Plan Showing Resource Area Delineations*
The Conservation Commission did not confirm the wetland boundaries on the plan of
record for the above Order of Conditions issued on May 6, 2011.
At this time, Mr. Gallagher distributed copies of the (revised) Site Plan*of record which,
Brewster Conservation Commission Minutes. July 19, 2011 3
in compliance with Special Condition #B7 is required to show accurate coastal resource
area delineations and corresponding cross sections to be reviewed and approved by the
Conservation Commission.
Mr. Gallagher added that he met in the field with the DPW Superintendent, to inspect the
delineations which are shown on the plan. He believed the delineations are accurate for
the purposes of the work performed to this date.
Document* reviewed for this discussion
Town of Brewster Massachusetts USDA NRCS Stormwater Improvements Paines Creek
Creek Road Drawing No: 86-14556-0002. GHD (Preliminary, showing resource area
delineations dated 7/7/2011
2. Order of Conditions SE 9-1491, Sea Pines Sea Pines Drive,Assessors' Map 6, Parcel 20,
Pruning vegetation for vista purpose and Bank Management, removal of Invasive Vegetation
—on and within 50 feet of a Coastal Bank on Sea Pines Drive,
Conservation Administrator Summary of Correspondences and Project Submittals
Mr. Gallagher summarized the monitoring report* required of the applicants, and other
requests of the Sea Pines Condominium property owners, as follows:
Requests by Gordon Peabody,Safe Harbor, Emily Beebe, RS, LLC
Gordon Peabody and Emily Beebe attended, appealing to the Commission on behalf of
their clients, to allow special consideration on vista pruning, replacement of woody
species with low growing shrubs, and creation of new herbaceous plant/grass areas
("heathland"). Mr. Peabody submitted copies of photos for the record, relative to the
requests.
A)Vista Pruning
Mr. Gallagher recounted the Commission's special condition of the Order of Conditions,
stating pruning may occur annually, after July 15, conditional on submittal of a
comprehensive bird nesting survey from a qualified wildlife biologist stating work will not
adversely affect wildlife, and the submitted 2011 bird survey*.
He stated that following review of the survey and a walkthrough on July 14, he allowed
work to proceed after July 15 only in areas of lesser probability of nesting.
At this time, Mr. Gallagher asked that the Commission determine whether pruning can
continue before August 1 in the areas labeled in the report as "confirmed" and "probable".
The Commission reviewed and discussed the 2011 bird survey.
Chairman McKenna and Commissioners Boehm, Rollins and Usowski believed the
areas of nesting concern are important to wildlife habitat, and pruning should not occur
until the month of August.
B)Additional removal of woody vegetation/creation of herbaceous/grassy areas
("heathland")
Drawing on a July 14, 2011 memo to the Brewster Conservation Commission*, Mr.
Peabody stated he believed the "heathland community" planted in 2010 was very
successful. Expounding on the planting process and results, he stated the owners would
like to create more of these areas.
C) Management Changes (based on consultant recommendations/specific plant
actions)
Brewster Conservation Commission Minutes. July 19, 2011 4
Ms. Beebe stated the Sea Pines Condominium owners seek permission to replace
existing trees with lower growing vegetation to improve their views of the bay, and
transfer the trees to areas in which residents are unconcerned with tree height.
Summary of Conservation Commission Discussion
Chairman McKenna believed more management will result in loss of important plant
diversity and height variation, and that the Commission should consider tree replacement
at the next growing season.
Ms. Boehm remarked on the existing flat, unnatural shrub line of the project area, in light
of a special condition of the Order of Conditions stating pruning shall result in naturally
undulating vegetation heights.
The Commission consensually agreed on the following:
1. The proponents shall not prune in any of the areas of probable and confirmed nesting
until August 1.
2. The Commission shall meet on the site before granting approval for additional plant
changes and management.
List of documents*submitted and discussed at this hearing
1. Talbot Ecological...Consultants, Report on Vista Pruning and Ecological
Restoration at Sea Pines Condominiums, June 30,2011
2. Sea Pines Bluff Avian Nesting Survey,July 11, 2011, Dennis Minsky
3. Memo to Brewster Conservation from Gordon Peabody,Safe Harbor and Emily
Beebe... Heathland areas/bluff trim specifics, July 14, 2011
4. July 19, 2011 Memo and Photos to Brewster Conservation Commission regarding
trim details and heathland
Show Cause Hearing/Violation
1. Niki Garen, Peter J. and Theresa lannone, 397 Crowell's Bog Road,41/5-002,
Clearing, including creation of access path within 100 feet of inland resource
area
Niki Garan attended. She explained the tree cutting that occurred through the years of
owning the property was done primarily for safety reasons.
Stephen McKenna explained property owners are legally responsible for complying with
state and local wetland laws, which require prior review for alteration within 100 feet of
resource areas.
Mr. Gallagher informed the Commission that the property sold during the time of the
enforcement action; he issued enforcement orders to both Niki Garen, the former owner,
and the current owners, Peter J. and Theresa lannone.
The Commission determined the responsible party shall submit an "As-built" plan
showing the existing conditions of the property, and a professional site plan showing
replacement plantings contained on the Conservation Commission Approved Planting
List*to mitigate for the violation.
Ms. Garen instructed the Conservation Commission to contact her engineering firm,
Felco Engineering with regard to these plans. The Commission will address all further
correspondence to both Mrs. Garen and the new owners.
List of Documents*discussed at this hearing
1. Enforcement Order, Niki Garen,397 Crowell's Bog Road,41/5-002
2. Enforcement Order, Peter J.and Theresa lannone, 397 Crowell's Bog Road,41/5-002
3. Conservation Commission Approved Planting List: Cape Cod Cooperative Extension
Service(www.capecodextension.org), list of native woody plants for coastal/inland
Brewster Conservation Commission Minutes. July 19, 2011 5
wetland buffer zones depicting the species,size and natural spacing of plants
Request for Administrative Review
1. Breakwater Acres Association, 0 Breakwater Road, 4/12, repair of existing
beach access stairs
The Conservation Administrator believed the above referenced project meets all
provisions for an activity under the mechanism of Administrative Review and granted
the administrative approval. Following review and discussion, Ken Rollins moved,
Bruce Evans seconded the motion to ratify the Administrative Review approval,
subject to the conditions that the stair width remain unchanged and the wood be
untreated. Approved Unanimously
Review and Approval of Minutes
1. June 21, 2011
Following review, Amy Usowski moved, Ken Rollins seconded the motion to approve
the above referenced minutes as written. Approved Unanimously
Order of Conditions SE 9- 1491, Sea Pines, Assessors' Map 6, Parcel 20, Pruning
vegetation for vista purpose and Bank Management, removal of Invasive Vegetation—
on and within 50 feet of a Coastal Bank on Sea Pines Drive
The Commission agreed to meet on the above captioned site on Friday, July 22, 7:30 AM.
The meeting will be legally posted and Mr. Gallagher will record meeting minutes.
Amy Usowski moved, Jeanne Boehm seconded the motion to adjourn the meeting.
The meeting adjourned at 9:15 PM.
Carol Spade, Senior Department Assistant
Among the list of documents* for this meeting is the following:
Administrative Report of the Conservation Administrator dated July 19, 2010.
Brewster Conservation Commission Minutes. July 19, 2011 6