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Home My Public Portal AboutConservation Commission -- 2012-09-18 Minutes I X 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, September 18, 2012 meeting of the Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present Chairman Stephen McKenna, Commissioners, Bruce Evans,William Klein, Michael Tobin, Hayley Winfield, Conservation Administrator James Gallagher, Natural Resources Director Chris Miller, Senior Department Assistant Carol Spade Not Present Alternate 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 Requests for Determinations of Applicability Joseph LaPlante requests the Conservation Commission determine accuracy of wetland delineation, and whether the area and the work, replacing two existing cesspools with a Title V sewage disposal system, are subject to the MA Wetlands Protection ACT and/or Brewster Wetlands Protection By-law; property is on 108 Swamp Road, Assessors' Map 48, Parcel 74(formerly 18/32). { John O'Reilly, PE, PLS,J. M. O'Reilly Associates, represented the applicant. Summary of Applicant Testimony Mr. O'Reilly described the project, as stated in the application and accompanying letter*. He established that the septic system has been located to save the mature red maple in the front of the building. The upgrade allows no increase in flow from that of the existing cesspool. Summary of Staff and Conservation Commission Comments Mr. Gallagher explained the wetland stream labeled intermittent on the plan is shown on the US Geological Survey map in blue, so must be considered a perennial stream ("river under 310CMR 10.58(a) 1.d. Regulations of the WP ACT)without the required documentation to the contrary. He suggested the Commission issue a Positive 2B Determination on the wetland delineation, as follows: The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to the Determination or to the Request for Determination The Commission further discussed the stream resource area and requested the property owners be informed they must remove all of the large machinery from the wetland and buffer zone. Brewster Conservation Commission Minutes. September 18, 2012 1 Summary of Public Comments There was no public comment. Hayley Winfield moved, Michael Tobin seconded the motion to issue the above Positive 2B Determination on the resource area boundaries, and because the septic upgrade is an environmental improvement, the following on the work: Negative Determination 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(if any). 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 Joseph LaPlante 2. "Site Plan,Joseph LaPlante,J.M.O'Reilly...8/31/12" Notice of Intent (Continued Hearing)Thomas and Carol Edmondson, Peter Wallis, Paul and Annette Roberts and the Town of Brewster propose to reconstruct a rock revetment on a coastal dune and coastal beach, on 41,47, 51 Captain Dunbar Road and 0 Ellis Landing, current Assessors' Map 91, Parcels 39,40,41 and 42 (Former Assessors' Map 7, Parcels 14, 15, 16 and 16-1). Eligible voters:McKenna,Evans,Klein,Tobin,Winfield The applicants requested the hearing be continued to October 16. Hayley Winfield moved, Michael Tobin seconded the motion to continue the hearing to October 16. Continuance to October 16, 2012 was Approved Unanimously. Amended Order of Conditions Preliminary Discussion Order of Conditions SE 9-1541, 371 Robbins Hill Road 38/73 formerly 2132 - Request for Commission to determine whether purpose or scope of new proposal involving demolition of an existing structure and construction of a single family dwelling and driveway with some changes in footprint-has not substantially changed and/or increased from former demolition, reconstruction proposal -such that project can be reviewed as an amendment. David Bennett, Bennett Environmental, represented the applicant. Following discussion on the proposed project, the Conservation Commission consensually agreed to entertain a request for an amendment to the above referenced Order of Conditions, contingent on abutter notification, submittal of Site plans and letter describing fully all of the requested changes. Citizens' Forum There was no one present wishing to speak at this time rri Show Cause HearingsNiolations 1. (Continued Hearing)Thomas Schmidt, 18 The Channel, 58/76 (Formerly 17/12) The owner submitted an electronic message to the Conservation Administrator, stating he will not be available for this hearing. Bruce Evans moved, William Klein seconded the motion to continue the hearing to October 2, 2012. The motion was Approved Unanimously. 2. (Continued Hearing)Town of Brewster,Weathervane Way, 102/68 (formerly 9/12) unauthorized cutting,filling/review of mitigation plan The Brewster Town Administrator requested this hearing be continued to October 2. Bruce Evans moved, William Klein seconded the motion to continue the hearing to October 2, 2012. Approved Unanimously. Brewster Conservation Commission Minutes. September 18, 2012 2 Discussions/Report of the Conservation Administrator 1. 2012-2013 Hunting Season: Review of Brewster Conservation Commission Hunting Policy on lands under the control of the Brewster Conservation Commission With the approaching hunting season, the Conservation Commission under its existing hunting policy, reviews wildlife and safety information in lands under its care, custody and control, and votes annually on this issue. Mr. Gallagher recommended the Commission discuss approving the existing 2011-2012* Conservation Commission hunting policy as the policy for 2012-2013. The"Mother's Bog" land located in southwest Brewster, west of Slough Road and east of the Brewster-Dennis town line is under the care, custody and control of the Conservation Commission. Under the current hunting policy, the Conservation Commission allows hunting on this land. The Commission briefly discussed parking areas in Mother's Bog As he briefly introduced at the September 5, 2012 meeting, the Conservation Administrator informed the Commission of two parcels that abut existing town open space land; the aforementioned Mother's Bog area and land on Freeman's Way under the custody of the Water Department, are future potential open space acquisitions on the October 29, 2012 Fall Special Town Meeting warrant*. Mr. Gallagher suggested the Commission keep an open mind on hunting, and consider for the 2013-2014 hunting season, allowing hunting on those properties if the town votes to approve funds to acquire them. He stated the Conservation Commission might consider implementing hunting rules and regulations duplicating the existing rules of the Water Department for the property near Freeman's Way, and the rules and regulations in the current Conservation Commission hunting policy for the Mother's Bog area on the parcels abutting that land. The 26+ acres of land on Freeman's Way is located on former Assessors' Maps 42, Lots 66 and 67, and Assessors' Map 47, Parcel 37. The land on Slough Road is located on former Brewster Assessors' Map 51 as Parcels 3, 4, 5, 47 and 74, and consists of approximately 55 acres. At this time Bruce Evans moved, Hayley Winfield seconded the motion to adopt the draft Brewster Conservation Commission Hunting Policy for 2012-2013, which is identical to the 2011-2012 policy, as written. Approved Unanimously. The Commissioners signed the document. Document discussed: 1. October 29,2012 Draft Town Warrant:Article 9 2. Draft:Brewster Conservation Commission Policy Hunting on lands under the control of the Brewster Conservation Commission Requests for Extension to Order of Conditions 1. Chris Pantos, 3rd extension OC SE 9-1408, 20 Tanglewood Road, 73/97(former 41/164), addition Following the recommendation of the Conservation Administrator, Bruce Evans moved, Hayley Winfield 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 Certificates of Compliance 1. Cape Cod Engineering, Inc., OC SE 9-1100, 11 Frank D. Lawrence Road, 34/41(formerly 36/61) Following the recommendation of the Conservation Administrator that the project complies with the Order of Conditions, 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. Brewster Conservation Commission Minutes. September 18, 2012 3 2. Cape Cod Engineering, Inc., OC SE 9-1160, 11 Frank D. Lawrence Road, 34/41(formerly 36/61) Mr. Gallagher explained the project has yet to comply with drainage conditions of the Order of Conditions. The Commission took no action on this request. Requests for Administrative Review 1. Gus Bentivegna, 223 South Pond Drive, 88/11 (formerly 27/67), removal of two trees threatening house The Conservation Administrator believed the above referenced project meets all provisions for an activity under the mechanism of Administrative Review. Following review and discussion, Bruce Evans moved, Michael Tobin seconded the motion to ratify the Administrative Review approval, with the request that shrubs be planted for each removed tree. Approved Unanimously. 2. Bruce and Jeanne Boehm, 326 Gull's Way, 64138 (formerly 34146),tree stem removal, branch pruning The Conservation Administrator believed the above referenced project meets all provisions for an activity under the mechanism of Administrative Review. Following review and discussion, Bruce Evans moved, Hayley Winfield seconded the motion to ratify the Administrative Review approval. Approved Unanimously. Review and Approval of Minutes 1. August 7, 2012 2. August 21, 2012 Following review, Hayley Winfield moved, Bruce Evans seconded the motion to approve the above referenced minutes as written. Approved Unanimously. Any Topics not reasonably anticipated by the Conservation Commission Chairman Mr. Miller and Mr. Gallagher spoke on the following: 1. Implementing a plan for enhancing the habitat on the "Mother's Bog" conservation area in west Brewster and the potential abutting acquisition on Slough Road (former Brewster Assessor's Map 51, Parcels 3, 4, 5, 47 and 74). 2. Cape Cod's annual "Walking Weekend" event begins on Friday, October 5. The Cape Cod Pathways/Brewster Pathways Committee will sponsor a nature walk at "Mother's Bog" conservation area Friday, October 5, 2012 at 12 noon. 3. The Stony Brook project team will receive President's"Coastal America Partnership Award"at the Cape Cod Museum of Natural History on Friday, September 21, 2012 at 1:00 PM. 4. The Freeman's Pond culvert project at 0 Paine's Creek Road Assessors' Map 38 Parcel 10 (formerly 1/6)will likely commence in the spring of 2013. Bruce Evans moved, Michael Tobin seconded the motion to adjourn the meeting. The meeting adjourned at 7:55 PM. Carol Spade Among the list of documents*for this meeting is the following: Administrative Report of the Conservation Administrator dated September 18,2012 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. September 18, 2012 4