HomeMy Public PortalAboutConservation Commission -- 2011-08-16 Minutes Brewster Conservation Commission Minutes—Meeting Under Massachusetts General Law
131,§40,Wetlands Protection Act(ACT), 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
Acting Chairman Jeanne Boehm called to order the Tuesday, August 16, 2011 meeting of the
Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street,
Brewster, MA.
Present
Commissioners Jeanne Boehm, Bruce Evans, Ken Rollins, Conservation Administrator James
Gallagher, Natural Resources Director Chris Miller, Department Assistant Carol Spade
Not Present
Chairman Stephen McKenna, Commissioner Amy Usowski
Acting Chairman Jeanne Boehm 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
Requests for Determination of Applicability
Brewster Community Solar Garden LLC, requests Conservation Commission
Determinations over removing vegetation, grading and constructing components of a 350
kW photovoltaic system; adjacent to 165 Commerce Park, Assessors' Map 46, Parcel 41-8.
Applicant Testimony
Luke Hinkle, owner, and Bill Gallagher, project manager of My Generation Energy, attended.
They distributed two color photos* depicting components of the project.
Mr. Hinkle described the solar garden project, explaining the town leases the property to the
business. The project will produce electricity to be shared by town participants of My Generation
Energy. Mr. Hinkle believed that because the subject isolated wetland is man-made, it would not
be subject to wetland laws.
Acting Chairman Boehm responded that the wetland was created as mitigation for a previous
wetland project reviewed by the Conservation Commission*; therefore, the Conservation
Commission considers that it meets the criteria of isolated wetland.
Staff Comments/Questions
Administrator Gallagher explained further that the resource area also fits the designation of land
subject to flooding. Under the ACT, isolated wetland and land subject to flooding have no 100
foot buffer zone; therefore the project is not significant to the ACT. Under the BWP By-law,
isolated wetland has a 100 foot buffer zone.
His primary concern was that of the construction access areas to the project, which would be
within 50 feet of the isolated wetland, and possibly involve grading. He added that the site has
been disturbed multiple times; therefore the habitat is not pristine. Additionally, the submitted Site
Plan*does not meet the required scale for wetland filings.
Brewster Conservation Commission Minutes August 16, 2011 1
Conservation Commission Comments
The Commission supported the concept of the project, but in order to meet performance
standards under the BWP By-law and in accordance with concerns listed in the Conservation
Administrator Administrative Report*, requested the applicant submit a detailed Site Plan at the
required scale (1" = 20'), clearly showing the following:
1. All core sampling areas
2. Clear delineation of wetland and 50 and 100 foot buffer zone
3. Specifics on the proposed grading
• final area and extent of grading
• final topography/elevation
4. Access (both construction and permanent road)
5. Detail on the drainage area(s)
6. Limit of work and siltation barrier protection for project
7. Detail on planting mitigation*, both temporary site stabilizing and permanent wetland
protection shrubs according to approved planting list*
• Keyed areas showing planting.
Public Comment
There was no public comment.
Following discussion, Ken Rollins moved to issue a Negative 3 Determination as
recommended by the Conservation Administrator:
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).
And close the hearing under the MA Wetlands Protection ACT, and continue the hearing
under the BWP By-law, to September 7, 2011, to allow time for the applicant to submit all
information discussed above. Bruce Evans seconded the motion. Motion Approved
Unanimously
Information is due eight days prior to the hearing.
List of documents*submitted for the project and discussed at this hearing
1. Request for Determination for Community Solar Garden LLC
2. "My Generation Energy Photovoltaic Facility Site Plan, Bennett Environmental Associates (date
unintelligible)"
3. Photos showing solar arrays, submitted 8/16/11
4. Town of Brewster Order of Conditions SE 9-1244, 1000 Freeman's Way,46/41
5. 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
Notices of Intent:
(Continued Hearing) Ocean Edge Resort, do 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.
The proponent requested a continuance to September 20, 2011. Ken Rollins moved, Bruce
Evans seconded the motion to continue the hearing to September 20, 2011. Approved
Unanimously
(Continued Hearing)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.
Brewster Conservation Commission Minutes August 16, 2011 2
The proponent requested a continuance to September 7, 2011. Bruce Evans moved, Ken Rollins
seconded the motion to continue the hearing to September 7, 2011. Approved Unanimously
Town of Brewster proposes to rehabilitate A. P. Newcomb Road, replace a culvert and
install a water main within 50 feet of inland wetlands; on A. P. Newcomb Road, Assessors'
Map 22, Parcel, NA.
Applicant Testimony
Robert Bersin, Superintendent, Brewster Department of Public Works, Erica Lotz, Fay, Spofford
and Thorndike
Mr. Bersin introduced the project; water service expansion and road maintenance on the northern
portion of A. P. Newcomb Road, as follows:
1. The Brewster Water Department proposes to extend the existing water main running from
Route 6A, which presently connects and continues south along A. P. Newcomb Road only 260
feet, south to the intersection of Stony Brook Road. The Water Department hopes to install the
water line as soon as possible.
2. A. P. Newcomb Road is in disrepair. It also requires drainage correction; the primary
component of which is the proposed removal and replacement"in kind", of an existing culvert
underneath the road, connecting two cranberry bogs on either side.
In response to concerns listed in the Administrative Report of the Conservation Administrator* in
review of the application, Mr. Bersin and Ms. Lotz maintained the following:
a) As to the"Site Plan"*containing the verification only of a professional engineer, lacking the
(required) surveyor verification, the work entails no grade change that would require the
certification. However, Professional Surveyor Chester Lay assisted the town by surveying
the project area.
b) The nature of the project deems it exempt from Part C. in the Notice of Intent: 1. ...MA
Natural Heritage and Endangered Species... 6., MA DEP Stormwater Management
Standards (there is no proposed expansion of impervious area), and US Army Corps of
Engineers General Permit as a Stream Crossing or Wetland Crossing.
c) "Culvert" does not meet the definition of"stream" under 310 CM R, 10.04 or 1.04, the BWP
By-law.
In answer to Erica Lotz's request for assistance in providing clear information on the variance
justification alternative's analysis under the BWP By-law, Mr. Gallagher explained is can be
brief, but separate from the Notice of Intent narrative.
Staff Comments/Questions
Referencing his Administrative Report*, Conservation Administrator Gallagher recommended the
Commission request the proponent submit in writing the following:
1. Relative to Part C. 6., MA DEP Stormwater Management Standards in the Notice of Intent,
the form includes a category for redevelopment, which he believes this project meets; it
contains a standard for overall improvement. Address in this subsection the drainage issues;
showing how the project is exempt.
2. Army Corps of Engineers General Permit; show how this project applies (citing the category;
1 or 2), or does not apply as a Stream Crossing or Wetland Crossing. Include the date of
construction of the culvert in the narrative.
3. Clear narrative description and Site Plan detail as to culvert stone arrays and headwalls, as
to what will be removed and how, and whether they will or will not be replaced at project
completion.
a) Clear information as to whether existing cranberry bog boards currently regulate the
water in the cranberry bog, and whether the structures will be replaced at project
completion.
Brewster Conservation Commission Minutes August 16, 2011 3
Mr. Gallagher stated the Conservation Commission is awaiting a response from the MA Natural
Heritage & Division of Fisheries and Wildlife regarding the Notice of Intent submitted by the
applicant to the agency on August 15, 2011. The Commission must receive this before it issues
an Order of Conditions.
Conservation Commission Questions and Comments:
Commissioner Ken Rollins stated through the Chairperson for the record, the following:
1. He believed the proponent should adhere to the Conservation Policy for Plans for Wetland
Permitting*, which requires Professional Land Surveyor verification, specifically because the
culvert headwall delineations are abutting private property lines.
2. Relative to Part C. 6., MA DEP Stormwater Management Standards in the Notice of Intent
application, in his opinion, because expansion of infrastructure is not proposed, if drainage
and siltation barriers are addressed in the exemption statement, a full Stormwater
Management Standards Report is not necessary for this project.
The Commission requested the proponent submit all of the information referenced (above) by the
Conservation Administrator and address the other items listed in the Conservation Administrator's
Administrative Report*.
Additionally, the Commission requested the proponent submit the following clear detail in a
revised narrative and a revised Site Plan:
1. In narrative:
a) Construction protocol
• clarity on removal (and possible replacement) of the stone culvert headwalls and
pavement repair, etc.
2. On Site Plan
a). Professional Surveyor stamp verification
b). Any wetland and buffer zone delineation revisions
c). Any necessary delineation of replaced culvert stone arrays, headwalls and cranberry
bog water level controls
d). Delineation of property lines
e). Delineation of siltation barrier/work limit.
Abutter Concerns
Mr. Gallagher relayed concerns of an abutter that the project may disturb the shrubs on his
property next to the road. Mr. Bersin responded no such disturbance will occur, as the existing
road width will remain.
Public Comment
Abutters Ray Gilbert and Delores Gilbert attended. Mr. Gilbert explained the stream flowing into
the culvert runs along the border of their property. It has not flooded their property in all twenty
years of residence. Mr. Gilbert's concern was the project might cause flooding onto their
property. He requested the town officials assure them this will not occur.
Delores Gilbert asked whether the project might alter the marsh next to their property. Ms. Lotz
responded the marsh will remain unchanged as the result of this project. In answer to Ms. Gilbert
as to how long the culvert has not functioned, Ms. Lots stated the culvert currently functions.
Commissioner Rollins asked the owners if the board which regulates the water in the cranberry
bog directly east of their property, is controlled by the bog owner(s). Mr. Gilbert stated the board
has been controlled in the past.
Brewster Conservation Commission Minutes August 16, 2011 4
Ken Rollins moved to continue the hearing to September 7, to allow the proponent to submit all of
the information requested during this public hearing. Bruce Evans seconded the motion.
Continuance to September 7, 2011 Approved Unanimously.
List of documents*submitted for the project and discussed at this hearing:
1. Notice of Intent for Town of Brewster,A. P. Newcomb Road
2. "Town of Brewster, MA Rehabilitation of A. P. Newcomb Road Site Plan, Fay, Spofford &
Thorndike, LLC...Sheet No. 1, 2,3,John. J. Hayden PE,2/8/11"
3. Conservation Commission Policy for Site Plans for Wetland Permitting, amended 7/6/11
Citizens' Forum
There was no one present wishing to speak at this time.
Requests for Extensions to Orders of Condition
1. Chris Pantos, Order of Conditions SE 9-1408, 20 Tanglewood Road, 41/164,
addition to single family dwelling
2. Lothrup and Janice Smith, Order of Conditions SE 9-1358, 286 Robbins Hill Road,
3. Doug Smith, K. Olney, Order of Conditions SE 9-1359, 298 Robbins Hill Road, 2/8,
beach nourishment
Following the recommendation of the Conservation Administrator to approve one-year
extensions for all of the above referenced requests, Bruce Evans moved, Ken Rollins
seconded the motion to approve the three extensions. Approved Unanimously
Requests for Administrative Review
1. Rita F. DeMarco/Maureen T. Alston, 3750 Main Street, 29/10, maintenance and
repair of barn foundation within 50 feet of inland resource area
The Conservation Administrator believed the above referenced project meets all
provisions for activities 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. Approved
Unanimously
Review and Approval of Minutes
July 19, 2011, August 2, 1011
Postponed to await review from full Commission.
Any Topics not reasonably anticipated by the Conservation Commission Chairman/
Discussions/Report of the Conservation Administrator
1. September 7, 2011 Annual Review and/or Approval of Brewster Conservation
Commission Policy on Hunting, 2011-2012
The Conservation Commission will discuss and possibly approve the policy regarding hunting
on lands under the control of the Brewster Conservation Commission at its public meeting of
September 7, 2011
Ken Rollins moved, Bruce Evans seconded the motion to adjourn the meeting.
The meeting adjourned at 8:05 PM.
Carol Spade
Among the list of documents*for this meeting is the following:
Administrative Report of the Conservation Administrator dated August 16. 2011.
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
Brewster Conservation Commission Minutes August 16, 2011 5