HomeMy Public PortalAboutConservation Commission -- 2011-11-01 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 Amy Usowski convened the Tuesday, November 1, 2011 meeting of the
Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street,
Brewster, MA.
Present
Commissioners Bruce Evans, Ken Rollins, Hayley Winfield, Amy Usowski, Conservation
Administrator James Gallagher, Natural Resources Director Chris Miller, Department Assistant
Carol Spade
Not Present
Commissioner Jeanne Boehm, Chairman Stephen McKenna, Vice Chairman Donald Schall,
Acting Chairman Amy Usowski 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 and video
recorded. Anyone else intending to record is required to inform the Chairman
prior to the meeting."
Request for Determinations of Conservation Commission jurisdiction
Canoe Pond Village Association, Inc. requests the Conservation Commission determine
whether the work, - installation and maintenance of an aeration system in Canoe Pond to
improve water quality - is subject to Wetlands Protection Act or Brewster Wetlands
Protection By-law; on 104 Canoe Pond Road, Assessors' Map 36, Parcel 224.
Summary of Applicant Testimony
Mr. Scott Parr represented the Canoe Pond Village Association. Members Robert Garstka, Dr.
Jerry Sitomer and Frank Gross,some of whom are experienced in pond studies, attended.
Mr. Parr explained the members of the Association have been concerned for some time with the
deteriorating water quality of Canoe Pond, which is experiencing a deficiency in oxygen and
overload of phosphorus, which leads to eutrophic pond conditions. Canoe Pond was studied in
the Town of Brewster Freshwater Ponds, Water Quality* report. It classifies Canoe Pond as
impaired.
Mr. Parr explained the Association researched*the problem at length, and chose aeration as the
method to restore the health of the pond. The system is proposed to increase oxygen levels in
the water, and inhibit release of phosphorous from the pond sediment. The project will consist of
three small air compressors located at 176 Canoe Pond Drive (inside the basement), from which
will be installed a small conduit four to six inches underground, running 87 feet to the pond. Six
small air hoses with air diffusers will be placed in the pond in six locations.
Summary of Commission Discussion
Mr. Parr responded to specific Commission questions on the process of aeration.
The Commission believed this method was very well researched and appropriate for Canoe
Pond. (�
Bruce Evans moved, Ken Rollins seconded the motion to issue Negative Determinations as
follows:
Brewster Conservation Commission Minutes November 1, 2011 1
2.The work described in the Request is within an area subject to protection under the Act, but will not
remove,fill, dredge,or alter that area. Therefore, said work does not require the filing of a Notice of
Intent.
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....
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
...subject to the following conditions:
1. The applicant shall submit written, detailed biannual reports to the Conservation
Commission in spring and late summer, for a three year period (the life of this
Determination), on the water quality improvements relative to the dissolved oxygen and
phosphorus in the pond.
2. The applicant shall submit a copy of each monitoring report to the Brewster
Comprehensive Water Plan ning Committee.
The motion was Approved Unanimously.
*Documents submitted and discussed at this hearing:
1. Request for Determination of Applicability for Canoe Pond Village Association
2. Eichner,E.M.April 2009 Brewster Freshwater Ponds,Water Quality Status and Recommendations...
Prepared for the Town of Brewster and Cape Cod Commission
3. Mattson,M. ...Eutrophication and Aquatic Plant Management in Massachusetts-Final Generic
Environmental Impact Report...
4. Executive Office of Environmental Affairs Practical Guide to Lake Management...
Notices of Intent
(Continued Hearing)Town of Brewster proposes to rehabilitate A. P. Newcomb Road, replace a
culvert and install a water main; on A. P. Newcomb Road,Assessors' Map 22, Parcel, NA.
Eligible voting members: Boehm,Evans,Rollins,Usowski(continued from August 16,September 7(no
testimony),September 20,October 4(no testimony),October 18(no testimony)
The proponent requested the Commission continue the above captioned hearing to November
15, 2011, to allow the applicant to submit the required revised plans. Amy Usowski moved,
Hayley Winfield seconded the motion to continue the hearing to November 15, 2011. Motion
Approved Unanimously
(Continued Hearing)Town of Brewster(Town Administrator Charles Sumner) proposes to
restore tidal flushing to Freeman's Pond,associated salt marsh and other wetlands, by
replacing an existing failing culvert with a larger culvert, sized to increase the tidal flow to
Freeman's Pond and the Freeman's Pond Channel, on Paine's Creek Road at Paine's
Creek Beach, Assessors' Map 1, Parcel 6. Eligible voting members: Evans,Rollins,Usowski,Winfield,
McKenna (continued from September 20(no testimony),October 4,October 18
The Commission reviewed the Order of Conditions draft special conditions under the BWP By-
law.
Mr. Miller asked that the Commission allow him to present the conditions with the project
engineer hired to undertake the work before voting on the final version.
Bruce Evans moved, Ken Rollins seconded the motion to continue the hearing the November 15,
2011, to await said review. Continuance Approved Unanimously
(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. Eligible members: Boehm,Evans,
Rollins,Usowski,McKenna Continued from July 6,(no testimony),July 19, August 16(no testimony),
September 20,October 18(no testimony)
Brewster Conservation Commission Minutes November 1, 2011 2
Bruce Evans moved, Ken Rollins seconded the motion to continue the hearing the November 15,
2011. Continuance Approved Unanimously
(Continued Hearing)Ted Johnson proposes to prune, manage vegetation and expand an
existing deck. Work is proposed within 50 and 100 feet of a bordering vegetated wetland
on 87 North Pond Drive, Assessors' Mp 27, Parcel 84-1.
Eligible voting members: Evans,Rollins,Usowski,Winfield,McKenna(Continued from October 4)
Ken Rollins moved, Bruce Evans seconded the motion to continue the hearing to November 15,
2011, to await MA Natural Heritage and Endangered Species Program, MA Endangered Species
Act(MESA) review of additional material submitted by the applicant. Motion Approved
Unanimously
(Continued Hearing) Donald Wright proposes to remove 16 pine trees, construct
walkways, a stairway, re-grade an existing driveway, add subsurface drainage area(s), and
landscape within 50 feet of inland wetlands,on 14 Captain Fitts Road, Assessors' Map 27,
Parcel 203.
Eligible voting members: Evans, Rollins, Usowski,Winfield, McKenna(Continued from October 4,
October 18)
Having received the requested plan changes, the Commission reviewed draft special conditions
under the BWP By-law. Ken Rollins moved, Bruce Evans seconded the motion to approve the
project with the conditions as drafted. Motion Approved Unanimously
Citizens' Forum
There was no one present, wishing to speak at this time.
Requests for Certificates of Compliance
1. Oxford, Rollins, Order of Conditions SE 9-1475, 19 Pilgrim Pines Lane, 5/121-1003.
dwelling demolition and reconstruction (see tape of minutes
The proponents installed an irrigation system in the 50 foot buffer zone, which is
prohibited under the Order of Conditions. They would like to keep the irrigation system in
the ground for one more season. All other conditions of the project comply with the Order
of Conditions. Following discussion, Bruce Evans moved, Ken Rollins seconded the
motion to approve the above referenced Certificate of Compliance. Approved
Unanimously
The Commission will send written notice to the proponents that they may keep the
irrigation device in the ground for one year; after which it shall be removed from the buffer
zone. Failure to comply will result in enforcement action.
2. Walters, David, Order of Conditions SE 9-1396. 5-104, 56 Pilgrim Pines Lane, 5/104,
garage and plantings
Following the recommendation of the Conservation Administrator that the project
complies with the Order of Conditions, Bruce Evans moved, Ken Rollins seconded the
motion to approve the above referenced Certificate of Compliance. Approved
Unanimously
Request for Extension to Order of Conditions
1. Fowler,James, SE 9-1361, 106 Upland Circle, Assessors' Map 10 Parcel 20-48.
Following the recommendation of the Conservation Administrator, Hayley Winfield
moved, Bruce Evans seconded the motion to approve the above referenced request for
an extension for one year under the BWP By-law. Approved Unanimously
Discussions/Report of the Conservation Administrator
1. Town of Brewster; Golf Commission Request for annual withdrawal of 36
million gallons of water
2. Richardson, Robert, SE 9-1426, 8/16, Annual Report for Mitigation Plan
Brewster Conservation Commission Minutes November 1, 2011 3
The Commission reviewed the above two reports with no discussion.
3. Town Meeting Warrant: Request of Conservation Commission support for land
acquisitions
1. Seidel Property surrounding Punkhorn Parklands; Assessors' Map 38 Parcel
85, 6 acres
2. Jackson Property abutting 23-acre Kingsbury Town Conservation Area;
Assessors' Map 45 Parcel 58-206, 3.4 acres Town of Brewster purchase
Following review, Hayley Winfield moved, Bruce Evans seconded the motion that the
Conservation Commission express its strong support for the above two Land
Acquisition/Community Preservation Act articles scheduled for Town Meeting on
November 7, 2011. Approved Unanimously
Request for Administrative Review
1. Ryder and Wilcox, 32 Cedar Hill LLC 2/50, dwelling addition; portion within 100 feet
from a coastal bank
Mr. Gallagher reported he believes this project meets the parameters for an
Administrative Review, as a small portion only, is minimally within the 100 foot buffer
zone. However, some abutters expressed to him that this project should require prior
abutter notification.
Following discussion, Bruce Evans moved, Hayley Winfield seconded the motion not to
ratify the Administrative Review approval, but to require a Request for Determination of
Applicability for the work, so that abutters can be notified. Motion Approved
Unanimously
Review and Approval of Minutes
1. September 20, 2011,
Following review, Ken Rollins moved, Bruce Evans seconded the motion to approve the
above referenced minutes as written. Approved Unanimously
2. October 4, 2011
Following review, Ken Rollins moved, Bruce Evans seconded the motion to approve the
above referenced minutes as written. Approved Unanimously
3. October 4, 2011 Executive Session Bruce Evans moved, Ken Rollins seconded the
motion to approve the above referenced minutes as amended. Approved Unanimously
At 8:00 PM,the Commission Voted to convene in executive session, "To meet or
confer with a mediator, as defined in section 23C of chapter 233,with respect to
any litigation or decision on any public business within its jurisdiction involving
another party, group or entity Re: Order of Resource Area Delineation, Properties
on 41,47, 51 Captain Dunbar Road and 0 Ellis Landing, Assessors' Map 7, Parcels
14, 15, 16, 16-1,and not to return to but to adjourn regular session." Bruce Evans,
"Aye", Ken Rollins, "Aye",Amy Usowski, "Aye", "Hayley Winfield, "Aye".
Ken Rollins moved, Amy Usowski seconded the motion to adjourn the meeting.
The meeting adjourned at 8:00 PM.
Carol Spade
Among the list of documents*for this meeting is the following:
Administrative Report of the Conservation Administrator November 1,2011.
Conservation Commission Approved Planting List:Cape Cod Cooperative Extension Service
fwww.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 November 1, 2011 4