HomeMy Public PortalAboutConservation Commission -- 2012-07-17 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, _e :
Brewster Wetlands Protection By-law(BWP By-law)
and Code of the Town of Brewster
Wetland Regulations 1.01 —8.01
Call to Order
Chairman Stephen McKenna called to order the Tuesday, July 17, 2012 meeting of the Brewster _
Conservation Commission at 7:05 PM at the Brewster Town Offices, 2198 Main Street, Brewster
fr MA.
Present
Chairman Stephen McKenna, Commissioners Bruce Evans, William Klein, Michael Tobin, Hayley
Winfield, Conservation Administrator James Gallagher, Natural Resources Director Chris Miller,
Department Assistant Carol Spade
Not Present
Associate Member Jeanne Boehm
Chairman McKenna 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 recording error,this hearing was not video recorded.
Public Hearings
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(New Town Mapping, 37/41).
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,June 19,no testimony
The proponent requested in writing a continuance to September 5, 2012. Following discussion
on repeated continuance requests for this project, Bruce Evans moved, Hayley Winfield
seconded the motion to continue the hearing to an indefinite time The motion was Approved
Unanimously. This will require the applicant's notification to all legal abutters by return receipt
mail or hand delivery, the.requested hearing continuance date.
Citizens' Forum
Mr. John Redmond attended. He spoke of the inconvenience of repeated public hearing
continuances to property abutters.
Discussion:
Sanford S.Zevon, M.D., Request for suggestions on reducing excessive vegetation to
allow for safe passage into Elbow Pond (see letter of July 8, 2012).
Following discussion, the Commission consensually agreed the Conservation Administrator shall
respond in writing to Dr. Zevon, explaining eradicating vegetation in a pond will entail a wetland
permit under the MA ACT and BWP By-law. The letter will suggest Dr Zevon contact the
Brewster Conservation Commission Minutes. July 17, 2012 1
Brewster Comprehensive Water Planning Committee; which focuses on water quality
management.
Violations
1. Enforcement Order Ratification,Thomas Schmidt, 18 The Channel, 17/12 (58/76)
Hayley Winfield moved, William Klein seconded the motion to ratify the above referenced
enforcement order discussed at the public hearing of July 10, 2012. Approved
Unanimously. The Commissioners signed the document.
2. Amended Enforcement Order Ratification,Town of Brewster Weathervane Way,
9/12 (102/68)
Michael Tobin moved, Bruce Evans seconded the motion to amend the above referenced
enforcement order as discussed at the show cause hearing of July 10, 2012. Approved
Unanimously. The Commissioners signed the document.
Requests for Extension to Order of Condition
1. Amundson Order of Conditions SE 9-1469, 18 Muskrat Lane,9/50(103/11)
Following the recommendation of the Conservation Administrator, Hayley Winfield
moved, William Klein seconded the motion to approve the above referenced request for
an extension, under the MA ACT and BWP By-law for one year. Approved
Unanimously.
Requests for Certificate of Compliance
1. Stephen B.Jones, Esquire, Order of Conditions SE 9-670, 23 Dune Road, 6/9, 13
(79/26, 30)
Following discussion and the recommendation of the Conservation Administrator that the
project essentially complies with the Order of Conditions,William Klein moved, Hayley
Winfield seconded the motion to approve the above referenced Certificate of Compliance.
Approved Unanimously.
Discussions: (continued)
1. Linda Corcoran, deck,vista pruning on and within 50 feet of a coastal bank; 84
Grandfather's Lane, Assessors' Map 6, Parcels 19 and 999 (79136, 29).
The Commission consensually agreed that the discussed environmental professional
may oversee the work on the above referenced project.
2. Revisions to Brewster Wetlands Protection By-Law and Regulations
Conservation Commission Policies
The Commission discussed the need to continue revising the BWP By-law, its
regulations, and Conservation Commission policies, and agreed that an environmental
professional shall continue to assist the Commission by drafting prospective changes.
Discussion included the need for the following:
• Simplifying the process for sand application projects on the coastal beach; both
for the applicant and administratively, the town.
• Extending Orders of Conditions for up to three years to correspond with the time
periods under the MA DEP Regulations.
• A policy on requiring mitigation for removal of vegetation, using native or other
appropriate plant vegetation.
Any Topics not reasonably anticipated by the Conservation Commission Chairman/
Discussions/Report of the Conservation Administrator
Mr. Gallagher informed the Commission that Brewster Conservation Day was very successful.
Bruce Evans moved, Hayley Winfield seconded the motion to adjourn the meeting.
The meeting adjourned at 7:45 PM.
Carol Spade
Brewster Conservation Commission Minutes. July 17, 2012 2
-oi
Among the list of documents*for this meeting is the following:
Administrative Report of the Conservation Administrator dated July 17,2012
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
.Y,
Brewster Conservation Commission Minutes. July 17, 2012 3