HomeMy Public PortalAboutConservation Commission -- 2012-08-07 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
Chairman Stephen McKenna called to order the Tuesday, August 7, 2012 meeting of the
Brewster Conservation Commission at 7:07 PM at the Brewster Town Offices, 2198 Main Street,
Brewster, MA.
Present
Chairman Stephen McKenna, Commissioners, Bruce Evans, William Klein, Michael Tobin,
Conservation Administrator James Gallagher, Natural Resources Director Chris Miller,
Department Assistant Carol Spade
Not Present
Hayley Winfield, 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."
Public Hearings
Notice of Intent
Benjamin and Jennifer Gannett propose to amend Order of Conditions SE 9-1479,a
wetland permit for the proposed demolition and reconstruction of an existing dwelling,to
construct a second floor expansion over the proposed deck. Work is proposed in a
coastal dune wetland resource area,on 68 Ocean Street, Unit 7, (Current)Assessors' Map
90, Parcel 45(Formerly Assessors' Map 7, Parcel 42
Summary of Applicant Testimony
Representative John O'Reilly, PE, PLS, J. M. O'Reilly, Inc.
Mr. O'Reilly explained the proposed changes to the project; the landward relocation,
reconstruction and placement on pilings of an existing dwelling approved in Order of Conditions
SE 9-1479.
He maintained that in this request for an amendment, the footprint in the coastal dune resource
area is to be only minimally expanded beyond the footprint approved by the Conservation
Commission; i.e., converting proposed deck to living space and the necessary addition of three
support pilings, and expansion of the covered entry on the northwest side of the building.
Summary of Staff/Conservation Commission Comments
Referencing the proposed plan*and the Conservation Administrator's agenda comments*from
his site investigation and the minor enlargement to the east side of the dwelling shown on the
plan, Mr. McKenna requested clarification on the exact footprint enlargement measurements to
the dwelling. Mr. O'Reilly responded that the covered entry is to be 9 by 6 in lieu of the formerly
approved 6 by 4 foot dimension.
Summary of Public Comments
Brewster Conservation Commission Minutes. August 7, 2012 1
There were no public comments.
Bruce Evans moved, Michael Tobin seconded the motion to close the hearing to testimony and
continue to August 21, 2012, for Commission review of draft special conditions for the amended
order, to include a condition specific to roof drainage for resource area protection. Motion
Approved Unanimously.
*List of documents submitted for the project and discussed at this hearing
1. J.M.O'Reilly Project Narrative...68 Ocean Street,July 20,2012
2. "Gannett Residence...Site Plan,...O'Reilly 68 Ocean Street...7/20/12"
3. "Architectural Plans"The Monomy Group,Al-A5
Request for Determinations of Applicability
Beechwood Landing Association requests Conservation Commission jurisdiction as to
whether the work—installation of three boat/kayak racks within 50 feet of a bordering
vegetated wetland —is subject to the MA Wetlands Protection Act and Brewster Wetlands
} Protection By-law. Work is to take place on the Beechwood Landing Association beach
off Janelle's Way, (Current)Assessors' Map 82 Parcel 50, (Formerly Assessors' Map 48
Parcel 79).
Summary of Applicant Testimony
Steve Costello, President, Beechwood Landing Property Owners' Association, attended,
describing the proposal as contained above. Two aluminum racks exist on the beach currently
and are to be relocated. The dimensions of the proposed larger rack,to accommodate larger boats,are
6x 34x4 feet.
Summary of Staff/Conservation Commission Comments
Mr. Gallagher and the Commissioners requested clarification and Mr. Costello responded on the
following:
1. Two relocated racks are aluminum; for the new rack, the proposed materials in contact
with the ground are to be untreated locust, with above ground materials of a
Conservation Commission approved treated lumber and Polyvinyl chloride (PVC).
2. The applicant's intent on removing or trimming the five trees located on the plan:
• Neither tree removal nor trimming is proposed; and no vegetation will be
removed.
Summary of Public Comments
William Riley, representing abutters, and abutter Janelle Polzer attended. Mr. Riley
requested the racks be positioned to benefit certain pedestrian access rights; a non-wetland
issue. Ms. Polzer disagreed. Additionally, she believed the racks essential for protection of
the environment.
Chairman McKenna responded to Mr. Riley, stating the Commissioners are required to act on
the submitted plan before them at this time, with the racks in the location so depicted.
} Following discussion, Bruce Evans moved, William Klein seconded the motion to issue
conditional Negative Determinations for the proposal, 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, subject to the following conditions:
a. The owners shall position the boat/kayak racks in the buffer zone location
shown on the approved plan of record*, and attempt to store all watercraft on
the racks when not in use during boating season.
b.All watercraft shall be removed from the resource area and 100 and 50 foot
buffer zone annually, from November 30 through May 15. Allternatively,
watercraft shall be placed securely on the boat/kayak racks.
Brewster Conservation Commission Minutes. August 7, 2012 2
c.All vegetation in the resource area and 100 and 50 buffer zone shall remain
undisturbed.
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 Beechwood Landing Association
2. "Beechwood Landing Property Owners'Association...Janelle's Way Sketch Plan J.M.O'Reilly and
Associates,Inc.dated 7/19/12"
Show Cause HearingNiolations
(Continued Hearing)Town of Brewster Weathervane Way, 102168 (Formerly 9/12)
unauthorized cutting,filling/review of site plan*
This hearing was continued from July 10, 2012, when the Commission agreed to amend
the enforcement order issued on June 15, to require immediate removal of the fill placed
in the wetland, and mitigation. Additionally the submitted plan was to be revised and
surveyed to show:
• Delineations of the coastal wetland located at the northeast end of Weathervane Way
to the extent that the wetland is within 100 feet of the roadway.
• Delineation of the roadway layout and any unauthorized alterations to the roadway
layout within the 100 foot buffer zone to wetland resources, including tree removal,
road widening, and addition of material.
-Also to require moving boulders further from the isolated wetland and information on
trees removed for determination on mitigation.
Summary of Staff/Conservation Commission Comments
The town submitted a revised site plan earlier in the day. Mr. Gallagher explained that
subsequently, he reviewed the stakes set in the field by the town and the plan delineating
a wetland and buffer zone northeast of Weathervane Way, and can confirm both as
accurate. He noted that the coastal dune resource area north of Weathervane Way was
not delineated on the plan.
Mr. Gallagher stressed that the town has yet to remove the gravel applied to the wetland;
he recommended this be done immediately; after which native shrubs such as
winterberry be planted.
Discussion centered on whether to require a Notice of Intent wetland filing for the
mitigation to tie it in to future road maintenance, or through the enforcement process.
The Commission consensually agreed with Chairman McKenna that compliance is more
effective legally, through the enforcement process.
Abutters to the road, Art Bennett, and Mark Boudreau, attorney representing the
Weathervane Way Association addressed the Commission. They expressed their
disappointment over the adverse effect of the tree clearing and road alteration on the
} area's natural and scenic qualities. Additionally, they believed some trees that were not
removed were compromised by the road maintenance due to root destruction. Mr.
Boudreau displayed copies of photos*showing Weathervane Way as a natural tree lined
country road in November of 2002, and the road condition at present, widened, lined with
bluestone and devoid of many scenic trees.
Commissioner Evans believed the Commission should consider the aesthetic interest
under the Brewster Wetlands Protection By-law in its decision on mitigation for the
violation.
Brewster Conservation Commission Minutes. August 7, 2012 3
William Klein moved, Michael Tobin seconded the motion, (again) to require immediate
removal of all fill from the isolated vegetated wetland, mitigation with appropriate native
vegetation* as discussed above, relocation of the discussed boulders, and to continue
the show cause hearing to Wednesday, September 5, to await a professionally surveyed
plan showing native tree/shrub mitigation, with the wetlands and buffer zones delineated
on the site plan submitted for this public hearing. The motion was Approved
Unanimously.
Mr. Boudreau requested the Conservation Commission require the surveyed mitigation
plan be submitted in the time period legally required for public hearing continuances.
*List of documents submitted and discussed at this hearing
1. Town of Brewster...Site Plan—Crosby Mansion J.M.O'Reilly&Associates,Inc....revised
8/6/12
2. Photos dated 2002 and June,2012(of area and flush cut tree remains)
Thomas Schmidt, 18 The Channel, 58/76 (Formerly 17/12)
The Conservation Administrator reported that the enforcement order issued to the above
captioned owner was returned unclaimed. He suggested the Commission continue the
hearing. Michael Tobin moved, William Klein seconded the motion to continue this show
cause hearing to August 21. Continuance to August 21, 2012 Approved
Unanimously.
Citizens' Forum
Citizen Henry Hayes questioned the Conservation Commission regarding the following:
1.Status of vegetation removal on 96 The Channel Way,58/73 (Formerly 4/36-1)
The Conservation Administrator explained the property owner re-planted the affected area
with native species in compliance with an enforcement order(issued September 8, 2011).
2. Status on application of asphalt to former gravel parking lot on 1993 Main Street 67/2
(Formerly 17/24)
Mr. Hayes expressed his concern over asphalt which was applied recently to the parking lot;
part of which is directly adjacent to a wetland. He asked if this activity should have required a
prior wetland permit, and why the asphalt would not affect the wetland.
He also referenced a past violation of wetland and/or buffer zone filling in the same area of the
property.
Chairman McKenna responded that the original composition of the parking lot was compacted
gravel. The property owner should have filed a prior wetland permit for the recent activity. He
explained that following complaints of fill, the Conservation Administrator inspected and took
photos of the affected area during and immediately following a rain. He observed no drainage
runoff into the adjacent wetland resulting from the application of crushed asphalt. The
Conservation Commission reviewed the photos and discussed the activity(at its May 15, 2012
public meeting), and consensually agreed the asphalt had not adversely affected the resource
area, and required no enforcement action under the WP ACT or BWP By-law.
Request for Certificates of Compliance
1. Robert and Nancy Muller Behling, 27 Captain Dunbar Road, 91/36 (Formerly 7/21)
septic system and appurtenances
1. Following the recommendation of the Conservation Administrator that the project
complies with the Order of Condition, Bruce Evans moved, Michael Tobin seconded the
motion to approve the above referenced Certificate of Compliance under the MA ACT
and BWP By-law. Approved Unanimously. Mr. Gallagher will write a letter to the
owners suggesting they install proper roof drainage on their dwelling.
Requests for Administrative Review
1. Robert Rabin, 2421 Main Street, 78/48 (Formerly 15/75) Raising and resetting
damaged pergola
Brewster Conservation Commission Minutes. August 7, 2012 4
The Conservation Administrator believed the above referenced project meets all
provisions for an activity under the mechanism of Administrative Review and granted the
administrative approval. Following review and discussion, William Klein moved, Bruce
Evans seconded the motion to ratify the Administrative Review approval. Approved
Unanimously.
2. Ocean Edge Resort and Golf Club, Eastham House and Ocean Edge, 87, 89, & 91
Nickerson Lane,90/154-1367, 1368, 1369 (Formerly 14/103-13, 14, 15)
The Conservation Administrator believed the above referenced project meets all
provisions for an activity under the mechanism of Administrative Review and granted the
administrative approval. Following review and discussion, Michael Tobin moved, William
Klein seconded the motion to ratify the Administrative Review approval. Approved.
Bruce Evans abstained.
3. Brian Saltzman, 170 The Channel Way, 58169 (Formerly 4/27-3), invasive vegetation
removal, planting grass to provide sitting area
The Conservation Administrator did not believe the above referenced project meets the
parameters for an Administrative Review, and recommended the Commission deny the
project under this mechanism. Following review and discussion, William Klein moved,
Bruce Evans seconded the motion to deny the application. The motion was Approved
Unanimously. The Conservation Administrator will inform the owner this activity will
require an Order of Conditions approval.
Review and Approval of Minutes
• July 10, 2012,July 17, 2012
Review and Approval of Minutes
Following review,William Klein moved, Michael Tobin seconded the motion to approve
the above referenced minutes as written. Approved Unanimously.
Discussions/Report of the Conservation Administrator
1. Revisions to Brewster Wetlands Protection By-Law, Regulations and Policies
Mr. Gallagher continued his recommendation to the Commission (as on July 17, 2012)on
the need to revise the BWP By-law and its regulations with the help of an environmental
professional.
He stated that Brewster Town Counsel advised the Commission to consider changing
major policies to become part of the regulations, for legal force.
Discussion included:
• 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.
Also;
• A regulation or written policy on requiring mitigation for removal of vegetation,
using native or other appropriate plant vegetation.
• A revision of the regulations on provisions for structure placement based on
projected flood height resulting from climate change.
Any Topics not reasonably anticipated by the Conservation Commission Chairman/
Discussions/Report of the Conservation Administrator/Staff
Mr. Gallagher informed the Commission that he has been spending much time since July 15, in
consultant oversight of Order of Conditions' vista clearing projects.
Brewster Conservation Commission Minutes. August 7, 2012 5
The Commission d&cse the require ment und e the MA Open Meeting La w that all
documentation andph tos displaye d or shown to the Commiss ion be submitted frthe file
record. The Commissioners and staff will work to ensure this is done at all meetings.
Bruce Evans mo ed, WIiam Klein sec nd dthemoonto adjourn themeeting.
The meeting ajoume at 8:30 PM.
Carol Spade
Among the�ito documents*for this meeting is the follo stn.
} Administrative Reprt«meCeek2AdMniardatkagu3&Q
} Conservation C mmi i Approved Planting List:Ca pe Cod Co#e weEte&i Service
(www.2pc d wmslmog) list of nat i woody p, n for coastal/inland we&k buffer zones depic ting the species,
size and natu spa g of plants
} .
Meeting Audio Recording Video Recor g
\
) �
Sr:::.JJZ § \ z
:
)
Brewster Conservation Commission Minutes. August 7, 2012 6