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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