HomeMy Public PortalAboutConservation Commission -- 2012-06-19 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 called to order the Tuesday, June 19, 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, Ken Rollins, Michael Tobin, Chairman Stephen
McKenna (arrived at 7:17), Conservation Administrator James Gallagher, Natural Resources
Director Chris Miller, Department Assistant Carol Spade
Not Present
Commissioners Jeanne Boehm, Hayley Winfield
Acting Chairman 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."
Note: Due to a technical error, the meeting was not video recorded.
Brewster Conservation Trust: Request for Approval of FY 2013 LAND Grant Application,
proposed town parcel on Freeman's Way.42/1 —9,66
} Vote to approve submitting LAND grant application in support of the Town's
proposed purchase of the 26.65-acre site known as the Freemans Way Wellfield &
Woodlands Protection Project.
• Commission Signature and print
Following a brief discussion, Bruce Evans moved, William Klein seconded the motion to approve
the above referenced LAND grant. Approved Unanimously. The Commissioners signed the
document.
Public Hearings
Under MA General Law 131, §40, Wetlands Protection Act
Massachusetts Department of Environmental Protection
(M.G.L.C.131. §40)
And
Code of the Town of Brewster Chapter 172,
Brewster Wetlands Protection By-law
Request for Determinations of Applicability
(Continued Hearing)John Mostyn,Trustee, Dune Road Realty Trust, requests the
Conservation Commission determine jurisdiction over removal of invasive species and
installation of a rail fence in a coastal buffer zone with maintenance in perpetuity, on 90
Bickford Path, Assessors' Map 6, Parcel 106-2.
Eligible voters:(Boehm)Evans,Klein,Rollins,Tobin,Winfield Hearing opened June 5,2012;testimony taken.
Summary of Applicant Testimony
Brewster Conservation Commission Minutes. June 19, 2012 1
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Mr. Michael Talbot represented the applicant. He explained as the result of the Commission's
comments at the original hearing of June 5, the applicant is proposing only to install a rail fence,
and to file a Notice of Intent in the near future for the invasive species removal.
Summary of Public Comments
There was no public comment.
Summary of Conservation Commission Comments
As the change met the approval of the Commission, William Klein moved, Michael Tobin
seconded the motion to issue negative determinations over installing a fence, as follows:
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.
Approved Unanimously.
*List of documents submitted for the project and discussed at this hearing
1. Request for Determination...for John Mostyn,Trustee,Dune Road Realty Trust
2. Site Plan, Proposed Fence and Invasive Species Management Plan John Mostyn...5/17/12"
Review of Spring 2012 Talbot Ecological Land Care Spring 2012 Monitoring Report
Regarding at 90 Bickford Path, MP DEP Order of Conditions SE 9-1452,Assessors' Map 6,
Parcel 106-2.
Mr. Talbot presented the above captioned report. The Commission consensually agreed to
approve, as depicted in the accompanying photos, (1)flagged tree limbs and (2) pruning to
eliminate shade from new plantings.
Notices of Intent:
(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 voters:(Boehm),Evans,Winfield,McKenna Hearing opened January 17,2012,testimony taken,
continued to February 7,testimony taken,March 20,no testimony,April 3,testimony taken,May 1,2012
testimony taken,June 5,no testimony
Due to lack of a voting quorum, the proponent has requested a continuance to July 17. Bruce
Evans moved, William Klein seconded the motion to continue the hearing to July 17, 2012.
Approved Unanimously.
(Continued Hearing) Linda Corcoran proposes to construct a timber deck, and manage
vegetation (vista prune)on and within 50 feet of a coastal bank; 84 Grandfather's Lane,
Assessors' Map 6, Parcels 19 and 999.
Eligible voters:(Boehm)Evans,Klein,Rollins,Tobin,Winfield Hearing opened June 5,2012,testimony taken.
Summary of Applicant Testimony
John O'Reilly, PE, J. M. O'Reilly, David Haines, Haines Hydrogeologic Consulting, represented
the applicant. Drawing from the Notice of Intent` revised site plan*and vegetation management
plan*, the consultants explained the four foot reduction in deck and the reduced view corridors to
eliminate some of the pruning, in compliance with the Commission's requests of July 5.
Summary of Staff Comments
Mr. Gallagher explained the Conservation Commission Policy and Special Conditions for
consultant oversight for view clearing projects.
Summary of Conservation Commission Comments
Following brief discussion, Bruce Evans moved, William Klein seconded the motion to close the
hearing to oral testimony and continue to July 10, to allow the proponent to correct the deck
Brewster Conservation Commission Minutes. June 19, 2012 2
configuration and buffer zone coverage calculations on the landscape"detail" section of the site
plan*, and for staff to draft special conditions for the project. Continuance to July 10, 2012
Approved Unanimously.
*List of documents submitted for the project and discussed at this hearing
1. Notice of Intent for Linda Corcoran
2. Revised June,2012 Vegetation Management Plan 84 Grandfather's Lane Prepared for...Corcoran
3. Site Plan,J.M.O'Reilly&Associates,Inc....Corcoran... revised 6/11/12
Town of Brewster proposes to amend Order of Conditions SE 9-1526 -for stormwater
improvements, removal of asphalt parking lot, laying crushed stone for small parking and
turning area southeast of existing parking lot-to add asphalt pavement and drainage,etc.
on the small designated parking area at the southeastern section of the lot; on 0 Paine's
Creek Road,Assessors' Map 1, Parcel 6-0.
Summary of Applicant Testimony/Summary of Staff Comments
Chris Miller Natural Resources Department, represented the Town of Brewster. He submitted a
copy of"Figure A"*, a map showing the former dune area of discussion.
Referencing his agenda comments*and the site plan*, Mr. Gallagher addressed concerns of
Christine Odiaga, MA DEP*, regarding her review of the application, as follows:
1. Coastal Dune delineation and Performance Standards under the ACT and BWP By-law,
vs. his assessment of the current on-site resource areas and conditions.
2. Stormwater Management Standards: Mr. Gallagher stated he expects to receive
calculations in compliance with MA DEP from GHD Environmental Consulting.
3. Amended Order of Conditions Policy.
4. Requirement of MA Natural Heritage and Endangered Species Program (NHESP) Priority
Habitat and Estimated Habitat, 321 CMR 10.28 310 CMR
Mr. Gallagher added the Conservation Commission must agree on whether to approve the
proposed impervious asphalt parking lot or an alternative pervious material, based on the above
information. •
Summary of Public Comments
Abutters Anthony Delgado, Priscilla Delgado and Gayle McIver attended, with suggestions
regarding safety issues for the proposed parking area.
Summary of Commission Comments
Following discussion, William Klein moved, Michael Tobin seconded the motion to continue this
hearing until later in the evening when Chairman McKenna arrives.
*List of documents submitted for the project and discussed at this hearing
1. May 29,2012 Request to Amend Order of Conditions SE 9-1526,GHD Inc.
2. "Site Plan,Town of Brewster...Paine's Creek Parking Lot Design,5/12"
3. Figure A(untitled)map of project stating,"dune area approved for clearing"
4. Electronic mail communication,Christine Odiaga,CPESC,MA DEP Wetlands Circuit Rider,Southeast
Region(June 6,2012)and James Gallagher,June 13,2012
5. GHD June 14,2012 Memorandum(and accompanying documents) in response to MA DEP comments
Continued Hearing)Joseph and Donna Potts propose to construct a living space addition,
deck and attached garage to an existing dwelling, and expand an existing gravel driveway
within the buffer zone to a bordering vegetated wetland; the deck and associated work is
proposed to be 30+-feet from the bordering vegetated wetland, on 155 Lower Road,
Assessors'Map 19, Parcel 76.
Eligible voters:(Boehm)Evans,Klein,Rollins,Tobin,McKenna(hearing opened May 15,2012,testimony taken,
continued to June 5,testimony taken
The hearing of June 5, 2012 was closed to public testimony, and continued to this date for
preparation of draft special conditions under the BWP By-law.
Following review of draft special conditions William Klein moved, Michael Tobin seconded the
motion to approve the project with conditions revised to include the following:
Brewster Conservation Commission Minutes. June 19, 2012 3
The proponent shall remove existing clippings and yard debris from the 100 foot buffer
zone and cease all further such activity.
*List of documents submitted for the project and discussed at this hearing
1. "Site Plan,J.M.O'Reilly&Associates,Inc.Joseph&Donna Potts... revised 6/5/12"
Mr. McKenna arrived at this time
(Continued from earlier in the meeting)Town of Brewster proposes to amend Order of
Conditions SE 9-1526 -for stormwater improvements, removal of asphalt parking lot,
laying crushed stone for small parking and turning area southeast of existing parking lot-
to add asphalt pavement and drainage, etc. on the small designated parking area at the
southeastern section of the lot; on 0 Paine's Creek Road, Assessors' Map 1, Parcel 6-0.
Summary of Commission Comments (continued)
Following discussion, including the stormwater documentation in the GHD memorandum*, the
Conservation Commission consensually approved the asphalt parking area. Following
discussion, Bruce Evans moved, Michael Tobin seconded the motion to continue the hearing to
July 10, to allow time for the following:
1. Revision to the site plan to correct the coastal resource area delineation, as discussed.
2. Stormwater Management Calculations in compliance with MA DEP Stormwater
Management Standards required for Notices of Intent.
3. Response from the MA Division of Fisheries and Wildlife, MA Natural Heritage and
Endangered Species Program (MESA) as to the projects occurrence in and potential
effect on Priority Habitat for non-wetlands plant and wildlife under the MA Endangered
Species Act(MESA), and Estimated Habitat Map of Rare Wildlife (under the WPA).
4. Staff preparation of draft amended special conditions.
Approved. Stephen McKenna abstained.
In response to Mr. Miller's statement that members of the Board of Selectmen wish to have the
parking lot paved for the summer beach season, the Conservation Commission clarified for the
record that in compliance with the conditions under the ACT and BWP By-law, commencement of
work on this project shall be subject to all local, state and federal statutes, ordinances, bylaws,
regulations, appeal periods and recording of the Amended Order of Conditions; work occurring
previous to said approvals and recording shall be at the legal risk of the applicant.
*List of documents submitted for the project and discussed at this hearing
6. May 29,2012 Request to Amend Order of Conditions SE 9-1526,GHD Inc.
7. Site Plan,Town of Brewster...Paine's Creek Parking Lot Design,5/12"
8. Figure A(untitled)map of project stating,"dune area approved for clearing"
9. GHD June 14,2012 Memorandum(and accompanying documents) in response to MA DEP comments
Mr. McKenna chaired the meeting from this time on
Citizens' Forum
There was no member of the public wishing to speak at this time
Show Cause Hearing
1. John Dionne, Robbins Hill Road, 2/9 286 Robbins Hill Road
Mr. Dionne attended, stating it was his understanding the clearing and planting he
engaged in was outside the legal buffer zone limits of wetland laws
Following discussion, the Commission consensually agreed he must submit an "After-the-
Fact" Notice of Intent with the required (double) assessed fee and professional wetland
delineated surveyed plan showing the past pruning activities, within 60 days of this date.
Violations
1. Enforcement Order Ratification,Weathervane Way, Assessors' Map 9, Parcel 12
Brewster Conservation Commission Minutes. June 19, 2012 4
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Ken Rollins moved, Bruce Evans seconded the motion to ratify the above referenced
enforcement order. Approved Unanimously. The Commissioners signed the
document.
2. Enforcement Order Ratification, Paine's Creek Beach, 1/6-0, 83 Cedar Hill Road,
2/38
Michael Tobin moved, Bruce Evans seconded the motion to ratify the above referenced
enforcement order. Approved Unanimously. The Commissioners signed the
document.
Request for Refund of Performance Bond
1. Enforcement Order issued on July 11,2011 to Ninfa Garen and Peter and Theresa
lannone, 397 Crowell's Bog Road, Assessors' Map 41, Parcel 5-2— Request for
release of Performance Bond
As required plantings have not grown in sufficient to protect the resource areas, the
Conservation Administrator recommended against releasing the performance bond at this
time. The Commission consensually denied this request.
Amended Order of Conditions Preliminary Discussion
Gannet Residence(formerly Gaudette)68 (0) Ocean Street,7/42 Order of
Conditions SE 9-1479- Request for Commission to determine whether purpose or
scope of new proposal—addition of a second floor area over approved first floor
deck, change in entry of 9 by 6 feet to replace the approved 6 by 4-foot entry -
has not substantially changed and/or increased... such that project can be
reviewed as an amendment
The new proposal requests a larger structure in the resource area than approved under
Order of Conditions SE 9-1479. Chairman McKenna informed new Commission
members an appropriate proposal for an Amend Order of Conditions is that of a plan
change of equal or less environmental impact than formerly approved. The Commission
is not required to consider the request to amend the Order of Conditions, nor by
considering the request to amend the Order for a public hearing, is it ultimately required
to approve it.
Following discussion, the Commission consensually agreed to entertain a request to
amend the above referenced Order of Conditions at a public hearing as described,
contingent on submittal of the appropriate number of site plans and accompanying
narrative, describing fully all of the requested changes. Ken Rollins abstained from this
decision.
Requests for Administrative Review
1. Charles and Sandy Robinson 481 Main Street, 22/21 tree removal
2. Adelle Isreal, 555 Crowell's Bog Road,41/8-3,tree 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, Michael Tobin moved, Ken
Rollins seconded the motion to ratify the Administrative Review approvals. Approved
Unanimously.
Review and Approval of Minutes
1. May 15, 2012 .
Following review, Ken Rollins moved, Michael Tobin seconded the motion to approve the
above captioned minutes as written. Approved Unanimously.
Discussions/Report of the Conservation Administrator
Brewster Conservation Commission Minutes. June 19, 2012 5
1. Review of Spruce Hill Maintenance Plan as contained in June 7, 2012 Memo to
Brewster Conservation Commission from Robert L. Bersin, PE, Superintendant,
Brewster Department of Public Works
Following review, Bruce Evans moved, William Klein seconded the motion to approve the
above requested maintenance plan as written. Approved Unanimously.
Any Topics not reasonably anticipated by the Conservation Commission Chairman/
Discussions/Report of the Conservation Administrator/Director of Natural Resources
Sand Fill, Ellis Town Landing Beach, 7116-1
Mr. Gallagher reported that the Brewster Board of Selectmen approved a staging access permit
for hauling beach sand on the three properties directly west of Ellis Town Landing via an existing
Order of Conditions. This work would entail closing Ellis Landing Beach for two days during the
busy summer beach season. In exchange for the temporary loss of beach parking, the Board of
Selectmen is requiring the property owners to donate sand to this town landing, which has
experienced much erosion.
For the Conservation Commission to grant this work without a wetlands permit, it must decide
whether the work constitutes, under the ACT and BWP By-law, Section 172-3. Exemptions,
maintenance of an existing facility which is used in the services of the public to provide storm
drainage or public roadway, and that the facility will not be, in the opinion of the Conservation
Commission, substantially changed or enlarged, and conforms to the performance standards in the
regulations adopted by the Conservation Commission.
The Conservation Commission consensually agreed that as described the work meets the above
captioned exemptions.
Sand Fill, Paine's Creek Beach, 116, Order of Conditions SE 9-1526
On May 6, 2011, the Conservation Commission issued an Order of Conditions SE 9-1526 to the
Town to remove the eroding paved parking area at Paine's Creek, nourish the area of the
removed parking lot with sand 700 cubic yards of sand, and plant dune grass and vegetation.
That has been completed.
Upon review of the site in the past week, Mr. Miller, accompanied by the Town Administrator and
the Superintendant of the Department of Public Works, determined that some of the sand used to
nourish the area of the removed parking had washed away during storms over the winter season,
and must be replaced. They would like to nourish the beach on June 25, 2012.
The Commission agreed the re-nourishment would fall within the parameters of the existing Order
of Conditions.
Sand Fill, Other Bay Town Landings
Mr. Miller explained that sand fill is needed at this time on Mant's Town Landing and Breakwater
Landing.
The Commission consensually agreed that the Town may file one Notice of Intent to place sand
on the beaches and erect sand drift fencing on all of the bay Town Landings.
Other Topics
Assistant Town Administrator Jillian Douglas and Superintendant of Public Works Robert Bersin
attended, with questions on subjects discussed earlier in the evening.
Bruce Evans moved, Michael Tobin seconded the motion to adjourn the meeting.
The meeting adjourned at 9:20 PM.
Carol Spade
Brewster Conservation Commission Minutes. June 19, 2012 6
Among the list of documents'for this meeting is the following:
Administrative Report of the Conservation Administrator dated June 19,2012
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
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Brewster Conservation Commission Minutes. June 19, 2012 7