HomeMy Public PortalAboutConservation Commission -- 2012-03-07 Minutes 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 (MA DEP)
(M.G.L. C.131. §40)
And
Code of the Town of Brewster Chapter 172,
Brewster Wetlands Protection By-law(BWP By-law)
and Code of the Town of Brewster
Wetland Regulations 1.01 —8.01
Call to Order
Acting Chairman Ken Rollins convened the Wednesday, March 7, 2012 meeting of the Brewster
Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster,
MA.
Present
Commissioners Bruce Evans, William Klein, Michael Tobin, Ken Rollins, Conservation
Administrator James Gallagher, Natural Resources Director Chris Miller(arrived at 7:50),
Department Assistant Carol Spade
Not Present
Chairman Stephen McKenna, Commissioners Jeanne Boehm, Hayley Winfield
Acting Chairman Ken Rollins 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."
Notices of Intent:
Anna C. Lombroso proposes to renovate an existing dwelling; constructing a new elevated
foundation and reducing the original dwelling footprint, and install a new septic system,
within 50 feet of a bordering vegetated wetland adjacent to Cobbs Pond, on 93 The
Channel Way, Assessors' Map 4, Parcel 49.
Summary of Applicant Testimony
David LaJoie, RS, Felco, Inc. represented the applicant. He described the project as referenced
in the narrative and analysis of alternatives contained in the Notice of Intent.* He explained that
having read the Conservation Administrator's written comments on the project, the proponent is
willing to submit hydric soil data to confirm the wetland boundary and move the dwelling further
from the resource area than presently exists.
Summary of Conservation Commission Comments
Commission discussion confirmed consensus on the following:
1. The applicant shall submit hydric soil data to confirm the wetland boundary.
2. The applicant shall revise the site plan showing
• A double row area of barrier protection (siltation fence and straw/hay bales) next
to wetlands (south and west side).
• The re-built dwelling further from the resource area than the existing structure.
• Preservation of the two (cherry and cedar) trees on the west(back) side of the
building.
• In accordance with wetland protection, a pervious driveway area within the 100
foot buffer zone to wetlands (with the request that the area outside jurisdiction be
re-built accordingly).
• The existing shed removed from jurisdictional areas
• Plant mitigation using acceptable plants* in jurisdictional areas.
Brewster Conservation Commission Minutes March 7, 2012 1
Summary of Public Comments
There was no public comment
Bruce Evans moved, William Klein seconded the motion to continue the hearing, at the
applicant's request to March 20, to allow the proponent to comply with requests of the
Commission as described in "Summary of Conservation Commission Comments."
Continuance to March 20, 2012 Approved Unanimously,
*List of documents*submitted for the project and discussed at this hearing
1. Notice of Intent...for Anna C.Lombroso
2. "Site and Sewage Plan,98 The Channel...Anna.C.Lombroso,1/31/12."
3. Shrubs/trees;species chosen from the Cape Cod Cooperative Extension Service
(www.capecodextension.orq)list of acceptable plantings for fresh water buffer zones;depicting the
species,size and natural spacing of plants appropriate for this environment.
Peter and Theresa lannone propose to install and construct an in-ground timber stairway,
a platform and kayak/canoe rack along a path from the existing dwelling to the pond
access area, and install a seasonal dock, in and within 50 and 100 feet of a bordering
vegetated wetland, on 397 Crowell's Bog Road, Assessors' Map 41, Parcel 5-2.
Summary of Applicant Testimony
David LaJoie, RS, Felco, Inc., represented the applicant. He described the proposal, as
referenced above and in the narrative and analysis of alternatives contained in the Notice of
Intent*. One component of the project is to approve an unauthorized path. Having read the
Conservation Administrator's written comments on the project, Mr. LaJoie submitted a photo of in-
ground steps constructed as the applicants proposed, and requested Conservation Commission
consensus on the steps relative to the slope of the bank, amount of ground disturbance and
composition of materials,. Additionally, he addressed Mr. Gallagher's comments regarding the
Commission's written policy on docks*, which requires an assessment of potential impacts from
the dock to prevent disturbance to land under the water body from water craft, and that a
professional approved by the Conservation Commission survey it for plant and wildlife habitat.
Summary of Staff Comments
Mr. Gallagher recommended the Commission require the applicant submit documentation to the
Conservation Commission on the composition of the proposed materials, including leaching
properties, and that the work limit for the stairway be one foot on each side of a maximum four-
foot wide stairway.
Summary of Conservation Commission Comments
Commission discussion confirmed consensus on the following:
1. The applicant shall survey and submit documentation on the number and species of
proposed trees removed.
2. The applicant shall revise the site plan showing:
• In-ground steps (may be allowed) landward to elevation 54 degrees as shown on
the plan*: below elevation 54 the stairs shall be elevated and built on sono-tube
concrete footings.
• Materials for steps/stairway shall be composed of non-leaching wood or wood
substitute.
• Stairs no wider than four feet with a work limit no wider than one foot on each
side of the stairs
• Mitigation showing one tree for each removed, or two shrubs for each tree
removed.
Summary of Public Comments
There were no public comments.
Brewster Conservation Commission Minutes March 7, 2012 2
Bruce Evans moved, Bill Klein seconded the motion to continue the hearing, at the applicant's
request to March 20, to allow the proponent to comply with requests of the Commission and the
Conservation Administrator as described in "Summary of Staff and Conservation Commission
Comments." Continuance to March 20, 2012 Approved Unanimously,
Continuance to March 20, 2012 Approved Unanimously.
`List of documents*submitted for the project and discussed at this hearing
1. Notice of Intent for Peter and Theresa lannone
2. "Site Plan,397 Crowell's Bog Road,Peter and Theresa lannone,2/7/12"
3. Brewster Conservation Commission Policy on Docks
(Continued Hearing)The Massachusetts Department of Conservation and Recreation
Lakes and Ponds Program proposes to repair eroded areas leading to the beach at Flax
Pond,to include re-grading, creating a rain garden to reduce stormwater runoff toward the
pond,stabilizing and planting disturbed areas and stabilizing and reinforcing the pathway
to the beach—on Flax Pond Road, Nickerson State Park, Assessors' Map 31, Parcel 1000.
Eligible Voters:All
The public hearing of February 21, 2012 was closed to testimony and continued to March 7,
specifically to review and approve draft special conditions under the BWP By-law.
Review of Draft Special Conditions under the BWP By-law
Following review and discussion, Bruce Evans moved, Michael Tobin seconded the motion to
approve an Order of Conditions for the project, with special conditions amended as follows:
B15. The applicant may remove the existing tree stump located in the beach area by flush cutting
or grinding the remains.
The motion was Approved Unanimously.
Citizens' Forum
There was no one present wishing to speak at this time.
Violations
Enforcement Order Ratification, plan review and discussion
1. Town of Brewster Charles Sumner, Unauthorized alterations within 50 feet of
wetland resource areas, 657 Main Street, Assessors' Map 24, Parcel 13.
Ratification of Enforcement Order
On February 21, 2012, the Conservation Commission authorized the Conservation
Administrator to issue an enforcement order for this activity, requiring immediate site
stabilization and submittal of plans*. The site was since stabilized, and Mr. Sumner
submitted plans showing the wetland lines, existing, previous and future conditions (site
of a new fire station).
Summary of Conservation Administrator Comments
Mr. Gallagher stressed that as a future fire station could be years away, the plan* is
subject to change.
He recommended the area containing the former basketball court be seeded immediately
with a native meadow seed mix appropriate for the area. The former tennis court area
appears sufficiently stable; a parking lot for the fire station is proposed to be located in
this area.
Mr. Gallagher asked the Commission if it would consider removal of the asphalt as part of
mitigation for the violation when the town files a Notice of Intent to build a new fire station.
Summary of Conservation Commission Comments
Brewster Conservation Commission Minutes March 7, 2012 3
The Commission reviewed the submitted plans for compliance with the conditions of the
enforcement order.
The Commission consensually agreed the area containing the former basketball court
shall be seeded in the spring and remain an un-mowed native meadow plant community.
The area of the former tennis court may be left in its current state at this time.
Natural Resources Director Chris Miller arrived at this time (7:50).
As requested by Acting Chairman Rollins, Bruce Evans moved, William Klein seconded
the motion to ratify the enforcement order*. Approved Unanimously. The
Commissioners signed the document. The Conservation Administrator will modify the
enforcement order to include a requirement to seed the former basketball court area.
Documents Discussed
•Minutes of February 21,2012
•Enforcement Order,Charles Sumner Town Administrator,February 22,2012
•Brewster Fire and Rescue Department Site Plan, Option C.September 2008
•Brewster Fire and Rescue Department Site Plan—Building Restrictions 2008
2. Jonathan and Bonny Witcher, 83 Dune Road, Assessors' Map 6, Parcel 18,
Unauthorized pruning of 21 trees within 100 feet of the top of a coastal bank
Mr. Gallagher reminded the Conservation Commission the owner must submit a
surveyed mitigation plan for the above violation by March 16, 2012. The Commission is
scheduled to discuss the plan on March 20.
The property owners have been ordered to meet on March 28, 2012 before the Clerk
Magistrate at Orleans District Court. Any Commission decision change on assessed
fines, etc., must be reached on March 20.
Report of the Conservation Administrator and Director of Natural Resources
1. Order of Conditions SE 9-1522, Ocean Edge 2 Condominium Association, 42 Ocean
Edge Drive, 14/1 Pruning Dunes, easternmost side of property
2. Order of Conditions SE 9-1530, Ocean Edge Resort, c/o Rick Roberto, CJ
Management, 14/1
Mr. Gallagher summarized the events which occurred on these sites, adding the
proponents for Order of Conditions SE 9-1530 have filed to amend it to include pruning
shrubs. Mr. Gallagher strongly recommended the Commissioners visit the site before that
public hearing.
3. Nauset Crew Club at Long Pond Town Landing, Crowell's Bog Road,49/25-1
Mr. Gallagher and Mr. Miller informed the board the Nauset School Crew Club would like
to keep a float and dock apparatus at this public beach during the spring and fall season
for their recreational boating program. The proponents will be filing a wetland permit for
this request.
Discussion: Topic not reasonably anticipated by the Conservation Commission Chairman
1. Town of Brewster Order of Conditions SE 9-1526,0 Paine's Creel Road, 1/6
Stormwater improvements, removal of asphalt parking lot, laying crushed stone for
small parking and turning area southeast of existing parking lot
Mr. Miller informed the Commission the department is developing a planting plan and will
soon be planting beach plum and bayberry on the former parking lot at Paine's Creek
Landing.
Additionally, the Town of Brewster will file to amend this Order of Conditions to add
pavement and drainage, etc., on the small designated parking area at the southeastern
section of the lot. Mr. Miller submitted a proposed site plan*showing this for the
Commission's prior review.
*Document discussed:
Brewster Conservation Commission Minutes March 7, 2012 4
"Town of Brewster Paine's Creek Parking Lot Design Paine's Creek Road-Site Plan,GHD Parking Area
Paving Detail"
Review of Correspondences
1. February 24, 2012 letter from Paula Miller requesting help from Brewster
Conservation Commission/Conservation Administrator in removing dead dolphins
on Brewster beaches
The Commission reviewed the above captioned letter.
Staff and Conservation Commission Discussion Summary
Mr. Gallagher requested the Conservation Commission determine whether burying
dolphin remains will require formal approval from the Conservation Commission.
The Commission consensually agreed that beachfront property owners may bury the
dead dolphins on the beach on their property, at an appropriate depth using hand held
equipment(shovels). Heavy equipment shall not be allowed on the beach. This activity
will not require a wetland permit.
In response to Ms. Paula Miller's concerns, the Natural Resources Director stated that
dolphin strandings are a natural process, and the town is not responsible for removing
animal remains from private property.
Review and Approval of Minutes
1. February 7, 2012
Following review, Bruce Evans moved, William Klein seconded the motion to approve the
above referenced minutes as written. Approved with Ken Rollins abstaining from voting.
2. February 21, 2012
Following review, William Klein moved, Bruce Evans seconded the motion to approve the
above referenced minutes as written. Approved Unanimously.
Executive Session:
Richard Bonetti, 0 L.P. Albert Road,Assessors' Map 47 Lot 1-6
At 8:20 PM, Bruce Evans moved,William Klein seconded the motion and the Commission
Voted 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
involving another party, group or entity and not to return but to adjourn regular session.
Bruce Evans, "Aye",William Klein, "Aye", Ken Rollins, "Aye", Michael Tobin, "Aye".
The meeting adjourned at 8:20 PM.
Carol Spade
Among the list of documents*for this meeting is the following:
Administrative Report of the Conservation Administrator dated March 7,2012
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
Meeting Audio Recording Video Recording
Brewster Conservation Commission Minutes March 7, 2012 5