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Brewster Conservation Commission Minutes—Meeting Under Massachusetts General Law
Ch. 131,§40,Wetlands Protection Act(ACT), 310 CMR 10.00 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)
Code of the Town of Brewster,Massachusetts Wetland Regulations 1.01 -801
Call to Order
Chairman Stephen McKenna convened the Tuesday, December 13, 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, Bruce Evans, Ken Rollins, Hayley Winfield,
Conservation Administrator James Gallagher, Natural Resources Director Chris Miller(arrived at
7:45), Department Assistant Carol Spade
Not Present
Vice Chairman Donald Schall, Commissioner Jeanne Boehm
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 and video
recorded. Anyone else intending to audio record is required to inform the
Chairman prior to the meeting."
Request for Determinations of Applicability
32 Cedar Hill LLC requests determinations as to whether the construction of an addition to
an existing dwelling within 100 feet of a coastal bank, is subject to the Wetlands Protection
Act and/or the Brewster Wetlands Protection By-law: on 32 Cedar Hill Road, Assessors'
Map 2, Parcel 50.
The applicant requested a hearing continuance to January 3. Bruce Evans moved, Ken Rollins
seconded the motion to continue the hearing to January 3, 2012. Continuance to January 3,
2012 Approved Unanimously
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,McKenna continued from August 16,September 7(no
testimony),September 20,October 4(no testimony),October 18(no testimony),November 1 (no testimony,
November 15,2011)
This hearing lacked a quorum of eligible voting members. Bruce Evans moved, Hayley Winfield
seconded the motion to continue the hearing to January 3, 2012. Continuance to January 3,
2012 Approved Unanimously.
(Continued Hearing)Town of Brewster Water Department proposes to construct a water
supply well and pump station, widen and improve an existing gravel access driveway to
proposed well and pump station, install approximately 6,200 linear feet of water main, and
install a 6,200 linear foot power extension along the water main alignment, in a riverfront
and within 100 feet of other inland resource areas -on Assessors' Map 39 Parcels, Various
and Map 50, Parcels Various, in the Town of Brewster Punkhorn Parklands.
Eligible members,Evans,Rollins,Winfield,McKenna.Continued from November 14
Summary of Applicant Testimony
Representative: Eric Ford, Project Scientist, Stantec Engineering
Brewster Conservation Commission Minutes. December 13, 2011 1
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Mr. Ford reviewed the project components the Conservation Commission requested at the
original hearing of November 14*, stating Stantec submitted:
1. The management plan for Eastern Box Turtle
2. Documentation that the project meets all applicable stormwater management standards
required under the ACT*
He explained the project applies to MA Stormwater Management Standards 6 and 8;
however, since all disturbances are temporary, there will be no negative impact.
3. A revised plan showing or addressing the following*:
• 200 and 100 foot riparian zone perennial stream in area shown as wetland A
• All area(s) of proposed groundwater drawdown (extent of zones)
• Construction protocol
Summary of Conservation Commission Comments
Following brief discussion relative to the submitted information, Bruce Evans moved to approve
the project and review the draft special conditions under the ACT and BWP By-law. Hayley
Winfield seconded the motion. Approved Unanimously
Following review of special conditions, Ken Rollins moved to approve special conditions as
amended. Bruce Evans seconded the motion. Approved Unanimously.
List of documents*submitted for the project and discussed at this hearing
1. Conservation Commission minutes of November 14,2011
2. "Eastern Box Turtle(Terrapene c. Carolina)Protection Plan Well No.6 Pump Station Development Project
West Gate Road and Run Hill Road Brewster, Massachusetts NHESP Tracking No.06-19382"dated November
28,2011.
3. Notice of Intent for Town of Brewster Water Department,October 27,2011
4. "Site Plan for Notice of Intent,Plan Sheets 1—11,October 27,2011 (see Section 2 in NOI for complete
list),Sheets 4,8,9 rev.11/22/11"
5. November 30,2011 Letter to applicant...from Thomas W.French,Assistant Director,Natural Heritage&
Division of Fisheries and Wildlife
(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,McKenna. Continued from July 6,(no testimony),July 19, August 16
(no testimony),September 20,October 18(no testimony),November 1,(no testimony),November 15
This hearing lacked a quorum of eligible voting members. Hayley Winfield moved to continue the
hearing to January 3. Ken Rollins seconded the motion. Continuance to January 3, 2012
Approved Unanimously
(Continued Hearing) Dorothea Dugan, Et Al, proposes to construct a single family dwelling
within 50 feet of a coastal bank and in a riverfront. Associated septic system is proposed
to be within 100 feet of a coastal bank and in a riverfront, on 0 (Parcel 9) Lower Road,
Assessors' Map 19, Parcel 9.
Eligible members;all;hearing was opened on November 15 and continued(no testimony)
The project proponent requested in writing that the Conservation Commission continue the
hearing to January 3. Hayley Winfield moved to continue the hearing to that date. Ken Rollins
seconded the motion. Continuance to January 3, 2012 Approved Unanimously
Ann T. Geary proposes to reconstruct an existing Coastal Engineering Structure, add
boulders to an existing "stone apron" structure,and place sandbags and sand fill on a
coastal beach and coastal dune, on 276 and 282 Breakwater Road, Assessors' Map 4,
Parcels 13, 14.
Representative: Robert Perry, PE, Cape Cod Engineering, Inc.
Summary of Applicant Testimony
Mr. Perry summarized the history of this revetment(on 276 Breakwater Road)which, he stated,
dates to the 1970s, and explained the proposal to reconstruct the revetment there, and place
Brewster Conservation Commission Minutes. December 13, 2011 2
sand bags and sand fill on the beach on westerly abutting 282 Breakwater Road, due to extreme
erosion on the site.
Summary of Staff Comments
The Conservation Administrator and the engineer discussed the elevation of the existing
revetment. Mr. Gallagher noted that according to Conservation Commission records, the
Conservation Commission approved a revetment at a height of 14 feet topped by a sacrificial
dune. The proposal before the Commission now is reconstruction at fifteen feet.
Chris Miller arrived at the meeting at this time (7:45).
Summary of Conservation Commission Comments
The Commission requested new and/or revised information on the following:
1. Site Plan Resource Area Delineation
Mr. Rollins stated the Variance Justification* refers to the revetment as a coastal bank,
and explained that the Conservation Commission officially determined in another case
that a stone revetment does not constitute a new landform; the landform remains a
coastal dune.
Mr. Perry confirmed for the record that although he references it as such in the variance
statement, he does not believe the revetment is a coastal bank.
2. Chairman McKenna asked that the following be re-evaluated and the plan revised
accordingly, as necessary:
a. the mean high water delineation on the plan; which does not reflect the on-site
characteristics of mean high water
b. the existing revetment is shown as fronting the entire dwelling; it does not appear
as such on site
c. (as stated in Mr. Gallagher's administrative report)*, the narrative, which states
that the revetment will not encroach any further onto the coastal beach
d. the slope of the proposed revetment reconstruction (1.5:1)
e. discrepancies between Mr. Perry's Velocity Zone elevation at the proposed
revetment and elevations on FEMA maps.
3. Alternatives Analysis
Mr. McKenna stated the Commission must determine if the project meets the
performance standards of the ACT and BWP By-law. He believed the Conservation
Commission should "set the bar high" and be very conservative on such
structures on coastal dunes. He requested Cape Cod Engineering, Inc. expound on the
alternatives analysis; primarily consider moving the house landward and on an elevated
open pile foundation. He added this is not only his recommendation but that of the MA
DEP in its file review*of the project. If the applicant does not consider this a viable
option, Cape Cod Engineering must state the reason.
Mr. McKenna further asked Mr. Perry if he would consider adding dune material at the
area in lieu of reconstructing the revetment, as he believes it a viable option to
revetment reconstruction. The applicant must make a compelling case that it is not.
4. Mitigation
Mr. McKenna stated the narrative/variance statement says little about further mitigation.
He recommended the proponent construct shore fencing, and re-stated his
recommendation that the proponent nourish the coastal beach annually with sand; If
Cape Cod Engineering does not believe this to be a viable option, explain in writing the
reasons.
Brewster Conservation Commission Minutes. December 13, 2011 3
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Mr. Rollins expressed concern over the proposed polyester sand bag material on 282
Breakwater Road. Mr. McKenna added that Mass DEP*, in its file review, recommended
bio-degradable sand bags. Mr. McKenna requested Cape Cod Engineering explore this
option in the alternatives analysis.
5. Mr. McKenna also expressed concern over Construction note#8 on the submitted plan*,
in reference to the statement that, "If necessary this boundary zone of the existing
adjoining revetment shall be overlapped...and bedding stones and the armor stones shall
be refitted..." Discussion occurred between Mr. McKenna and Mr. Perry on revising this
condition to eliminate any activity on this easterly abutting lot.
Following discussion Ken Rollins moved, Bruce Evans seconded the motion to continue the
hearing to January 3, 2012, to allow the proponent to revise the plan, variance statement and on-
site staking to reflect all of the discussed requests and concerns. Continuance to January 3,
2012 Approved Unanimously
List of documents*submitted for the project and discussed at this hearing
1. Notice of Intent for Ann T.Geary
Variance Justification
2. "Site Plan"Topographic Plan Proposed Re-construction of an Existing Stone Revetment,buried
Sand Bag Installation and Sand Fill ...Cape Cod Engineering,Inc.,dated November 8,2011"
3. Federal Emergency Management Act Flood Zone Maps
4. "November 29,2011 MA Department of Environmental Protection(DEP)Notification of Wetlands
Protection File Number..."
Tai Tran proposes to demolish an existing building, construct a single family dwelling and
remove invasive vegetation within 100 feet of coastal and inland resource areas, on 371
Robbins Hill Road, Assessors' Map 2, Parcel 32.
Representatives, Dave Bennett, Geologist and RS, Bennett Environmental Associates, Inc., Seth
Wilkinson, MALD, Jennifer Exner, MLS, Wilkinson Ecological Design
The proponents submitted copies of a computer photo* rendering of the proposed predominately
glass dwelling and mitigation plantings.
Summary of Applicant Testimony
Referencing the plan (shown in full scale), Mr. Bennett reviewed the demolition of an existing
motel and construction of a new dwelling, which will be smaller in footprint and further from the
resource area than the existing structure, with a septic system further from the resource area than
the existing system. Although the proposed footprint and mitigation plantings will remain as
designed, final plans have yet to be fully developed for the prospective buyer, which may entail
requesting that the Conservation Commission amend the Order of Conditions.
Referencing the information submitted in the NOI* relative to wetland delineation by LEC
Environmental Consultants, Inc., the Site Evaluation Report*and Wetland and Hydrology Field
Delineation Forms*, Mr. Bennett explained he deferred to LEC on its conservative delineation of
the coastal and inland wetland resource areas.
In answer to a question as to first floor dwelling elevation as depicted on the site plan*, Mr.
Bennett explained the new dwelling is to be pile driven (set on pilings) and the deck cantilevered.
Displaying a large copy of the Wilkinson Restoration Plan*, Jennifer Exner described the
vegetative management of the proposal; the main objective of which is to eradicate existing
invasive vegetation species; primarily black locust, shrub and vine honeysuckle. Following
removal of 80% of invasive species, the applicant proposes to rejuvenate the existing native
cherry, and introduce a diverse selection of mitigation plantings composed, as shown on the
computer rendering photo*, of the native tree species Eastern Red Cedar, and a salt tolerant
Brewster Conservation Commission Minutes. December 13, 2011 4
mixture of shrubs including Bayberry, Virginia Rose and Beach Plum, and grasses including Little
Bluestem, Switchgrass and Indian grass, to provide forage and cover for wildlife.
Summary of Conservation Commission Comments
The Commission discussed the proponent's LEC report*, Wetland and Hydrology Field
Delineation Forms, and site plan*as to clarifying sea level Flood Zone elevations, any grading
drainage and dune delineations and grading questions; after which they consensually agreed that
all wetland boundary determinations are accurate.
Mr. McKenna stated the Conservation Commission requires a civil engineer's stamp on the Site
Plan for purposes of topographical alterations, grading and building foundations.
Mr. McKenna then addressed the aesthetics interest under the BWP By-law*; which states that
any structure shall not alter or diminish the natural beauty and appearance of a resource area
visible to the public(in this case, the public beach north of the site), and consider the importance
of natural building materials and vegetative screening.
As to wildlife habitat protection*, outside lighting in jurisdictional areas must be downcast, and the
applicant should in this case consider the affect of inside lighting, and the effect of glass on avian
wildlife.
Mr. Wilkinson responded that wooden louvers will be incorporated on the dwelling exterior and is
a means of protecting avian wildlife. Additionally, there will be a rooftop garden, "green"
technology and energy designs and no lawn on the site, but a diverse selection of native trees,
shrubs and grasses.
Commission consensus was the proposed project is a great improvement over the existing
neglected site conditions.
Summary of Public Comments
There was no public comment.
Ken Rollins moved, Bruce Evans seconded the motion to continue the public hearing to January
3, 2012, to allow the proponents to consider reducing the deck size and incorporating measures
protecting aesthetic and wildlife interests, and for the Conservation staff to develop special
conditions for Commission review under the BWP By-law. Continuance to January 3, 2012
Approved Unanimously
List of documents*submitted for the project and discussed at this hearing
1. Notice of Intent for Tai Tran
2. "Site Plan,Tai Tran Site and Sewage Disposal System Plan Bennett Environmental Assoc.,111/17/11"
3. LEC Environmental Consultants,Inc.October 28,2011 Site Evaluation Report 371 Robbins Hill
Road...Resource Areas Stanley Humphries,Senior Coastal Geologist,Brian T.Madden,Wetland
Scientist
4. MA Wetland Delineation 310 CMR Field Data Forms Vegetated Wetland,Indicators of Hydrology
5. Elevation From Robbins Hill Road,Wilkinson Ecological Design(photo computer rending)(December
13,2011)
6. Wilkinson Ecological Design Restoration Plan 11/18/11
7. Brewster Wetlands Protection Regulations
Section 7.01 General Regulations for Aesthetic Interests in all Resource Areas
Citizens' Forum
There was no one present wishing to speak at this time.
Amended Order of Conditions Preliminary Discussion
Order of Conditions for Donald Wright, SE 9-1537, 14 Captain Fitts Road, 27/203 for
removal of pine trees, construction of walkways, stairway, re-grading an existing driveway,
adding subsurface drainage area(s),and landscaping within 50 feet of inland wetlands:
Brewster Conservation Commission Minutes. December 13, 2011 5
Request for Commission to determine whether purpose or scope of new proposal;
changes to landscape plan -including paving in the 50 foot buffer zone-has not
substantially changed and/or increased... such that project can be reviewed as an
amendment
Summary of Staff Comments
The Conservation Administrator stated that the requested changes involve different landscaping
materials, but will not increase the footprint of work in the 50 foot buffer zone.
Summary of Conservation Commission Comments
The Commission consensually agreed with Mr. Gallagher's recommendation to allow the
requested changes and not require amending the Order of Conditions, with the condition that the
paving be "dry lain"and permeable.
Requests for Certificates of Compliance
1. Galonek, SE 9-1490, coastal engineering structure, 30 Swift Lane, 5/3
Mr. Gallagher stated the revetment construction is complete, but the required ongoing
annual beach nourishment and site monitoring has not been fulfilled. He recommended the
Conservation Commission release the required performance bond but not issue the
Certificate of Compliance.
The Commission consensually agreed to follow Mr. Gallagher's recommendation not to
issue the Certificate of Compliance, but to refund the performance bond.
2. Garen, 397 Crowell's Bog Road, 41, 5-2, 97-80
The Commission discussed the above referenced request, the December 8, 2011 letter
from Darlene J. Pitt, Esquire, and the Conservation Administrator's agenda comments*
regarding the request.
Ken Rollins moved, Bruce Evans seconded the motion to approve the above referenced
Certificate of Compliance pending receipt of a performance check for$1,645 held in escrow
until plantings survive to the satisfaction of the Conservation Commission. Approved
Unanimously.
3. Stamm, Great Fields Road, 35, 53-2, SE 9-864
4. Stamm, Great Fields Road, 35/53-2, SE 9-897
5. Stamm, Great Fields Road, 35/53-2, SE 9-1280
Following the recommendation of the Conservation Administrator that the above three
projects comply with the respective Orders of Condition, Ken Rollins moved, Bruce Evans
seconded the motion to approve the three Certificates of Compliance. Approved
Unanimously
6. Nature Conservancy, Offshore of East Brewster, SE 9-1507
The Conservation Administrator confirmed that jurisdictional areas remain undisturbed by
the project, as work did not commence.
Hayley Winfield moved, Bruce Evans seconded the motion to issue an "Invalid"
(confirmatory) Certificate of Compliance. Approved Unanimously
7. Ortiz, 376 Run Hill Road, 36/56 SE 9-1300
Following the recommendation of the Conservation Administrator that the project
essentially complies with the Order of Conditions, Hayley Winfield moved, Ken Rollins
seconded the motion to approve the above referenced Certificate of Compliance.
Approved Unanimously.
Request for removal of Certificate of Compliance and Request for Extension Permit,
Brewster Conservation Commission Minutes. December 13, 2011 6
1. Watersedge Homeowners'Association; Margaret L. Griffin, Order of Conditions SE
9-1448 0 Lakeshore Drive,49/89, expired on November 7, 2011)
Mr. Gallagher explained that in addition to the fact that the Commission issued a
Certificate of Compliance at the request of the applicant, the Order of Conditions expired
on November 7, 2011.
The Commission consensually agreed not to revoke a lawfully issued Certificate of
Compliance and extend an expired Order of Conditions, and that the applicant may file a
Request for Determination of Applicability to place sand on the inland beach resource
area.
Request for Administrative Review
1. Lucenti, 183 South Pond Drive, 28/94, tree removal
2. Harry Salo, 240 Robbins Hill Road, removal of portion of beach stairs; will file to re-
permit document removal.
The Conservation Administrator believed the above referenced projects meet all
provisions for activities under the mechanism of Administrative Review and granted the
administrative approvals. Following review and discussion, Bruce Evans moved, Hayley
Winfield seconded the motion to ratify the Administrative Review approvals. Approved
Unanimously
Discussions/Report of the Conservation Administrator
1. Sears Point Condominium Association, Order of Conditions SE 9-1517, 177 Sears
Point Drive, 4/1, Pruning Writ
Mr. Gallagher informed the Commission of recent jurisdictional vegetation removal (tree,
Rosa rugosa hedge pruning to one foot above ground) on the part of one of the
condominium owners.
The Commission requested the Conservation Administrator write a letter to the property
manager, explaining the seriousness of this activity regard to the activity.
Review of Meeting Schedule for 2012
The Commission reviewed the above referenced schedule and consensually agreed to schedule
July meetings on the 10th and 17th.
Town of Brewster proposal 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,
Paine's Creek Road at Paine's Creek Beach, Assessors' Map 1, Parcel 6.
Request to MA DEP for Superseding Order of Conditions SE 9-1534
Mr. Gallagher informed the Commission of a site visit scheduled by MA DEP officials for all
concerned parties, on December 14, 2011 at 11:00am.
Review and Approval of Minutes
November 1, 2011
Hayley Winfield moved, Ken Rollins seconded the motion to approve the above
referenced minutes as written. Approved Unanimously
Executive Session Minutes of November 1,2011
Ken Rollins moved, Hayley seconded the motion to approve the above referenced
minutes as written. Approved Unanimously
At 9:55 PM,the Commission Voted (Hayley Winfield moved, Bruce Evans seconded the
motion) to convene in executive session, "to meet... as defined in section 23C of chapter
233,with respect to any litigation or decision on any public business within its jurisdiction
Brewster Conservation Commission Minutes. December 13, 2011 7
involving another party, group or entity and not to return to but to adjourn regular session.
Ken Rollins, "Aye", "Hayley Winfield, "Aye", Stephen McKenna, "Aye", Bruce Evans,
"Aye"
The Commission Adjourned the meeting at 9:55 PM.
Among the list of documents*for this meeting is the following:
Administrative Report of the Conservation Administrator dated December 13, 2011.
Conservation Commission Approved Planting List:Cape Cod Cooperative Extension Service
fwww.capecodextension.orq),list of native woody plants for coastal/inland wetland buffer zones depicting the
species,size and natural spacing of plants
Brewster Conservation Commission Minutes. December 13, 2011 8