HomeMy Public PortalAboutConservation Commission -- 2012-12-04 Minutes 3
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Brewster Conservation Commission Minutes—Meeting Under Massachusetts General Law
Ch. 131,§40,Wetlands Protection Act(WPA), 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, December 4, 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, Jon Romano, Michael
Tobin, Paul Wightman, Hayley Winfield, Alternate Member Shana Brogan, 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
Notices of Intent:
(Continued Hearing) Dan Murphy proposes to construct a 24 by 4-foot seasonal dock in
Sheep Pond,and construct a 25 by 8-foot elevated landing for seasonal dock storage—on
216 Sheep Pond Drive, Assessors' Map 74, Parcel 4(formerly 34/79).
Eligible voters:Evans,Klein,Romano,Tobin
Representative, Dave Bennett, LPG, CGWP, RS, President, Bennett Environmental, Inc.
Summary of Applicant Testimony
Displaying the submitted revised plan*, Mr. Bennett explained the dock has been eliminated and
will be replaced by a float, and the platform with boat rack on the beach, reduced to 8' x 12'.
Summary of Staff Comments
Mr. Gallagher reviewed the changes, adding that the float will require a mooring permit but no
wetland permit. He reviewed special conditions under the BWP By-law.
Summary of Public Comments
There was no public comment.
Summary of Conservation Commission Comments
Jon Romano moved, Bruce Evans seconded the motion to approve the draft special conditions
under the BWP, and approve an Order of Conditions SE 9-1559. Approved (by Commissioners
Evans, Klein, Romano and Tobin). Stephen McKenna, Hayley Winfield and Paul Wightman
abstained.
Brewster Conservation Commission Minutes. December 4, 2012 1
David M. Banash proposes to"*1.stabilize an eroding slope,to include removal of trees,
placement of boulders and planting native vegetation; 2 remove existing stone masonry
and a concrete pad, and reconstruct a landing platform on elevated posts (on dwelling); 3.
replace an existing seasonal dock; 4. maintain or replace an existing boat ramp at an
existing boathouse; and 5. repair of an existing concrete pad at the boathouse—on 195
Leland Road, Assessors Map 33, Parcel 3(formerly 36/42).
Lynne Hamlyn, Hamlyn Consulting, Inc. represented David M. Banash, who attended also
Summary of Applicant Testimony
Drawing from the plan*and project narrative*, Ms. Hamlyn described the resource areas in the
project area, described all of the components of the proposed project(listed above**) in detail,
and described the work process; i.e., work to be done by hand held as opposed to heavy
machinery; fill for stabilization purposes to be used discriminately, boulders for the revetment
brought to the site via the pond, in lieu of the top of the bank. She believed that the seasonal
dock is designed to meet all parameters of the Brewster Conservation Commission's policy on
docks. Addressing the revetment proposed at the base of the slope, she stated Mr. Banash is
concerned that the inland bank and slopes are eroding, threatening his dwelling. She and Mr.
Banash believed bank/slope erosion has exacerbated in the last ten years.
Ms. Hamlyn explained that because the scope of work exceeds the thresholds cited in the
wetlands regulations to meet the presumption of no impact to some of the resource areas of the
project area she filed the required Appendix A Simplified Wildlife Habitat Narrative.
She stated the project is located on the Natural Heritage and Endanger Species Program
(NHESP) map as Priority Habitat and Estimated Habitat under the MA Endangered Species Act
(MESA)and MA Wetlands Protection Act(WPA) regarding the existence of rare species. A copy
of the Notice of Intent and supporting documentation was submitted to NHESP.
Ms. Hamlyn added the DEP issued a Notification of file number*, showing the application under
the State is complete, conditional on possible additional requirements.
Summary of Conservation Commission Comments
Commission discussion included requests for data on the number of trees proposed for removal,
and the number of added boulders proposed for the revetment; making a case for placing
boulders only in areas of extreme bank scarping, and using only those presently existing on the
bank; and a question on the decision from the MA Natural Heritage and Endangered Species
Program.
Commissioner Wightman stated he visited the site As to the proposed revetment component of
the project, based on his observation, the slope and bank appeared stable; he saw no threat to
Mr. Banash's dwelling from excessive erosion. He stressed it is the nature of inland banks to
exhibit some areas of scarping. Also the proponent presented no alternative to the Commission
to plant vegetation to stabilize the bank/slope, and he was concerned about the precedent setting
of(another") such approval by the Commission. Mr.Wightman believed the bank could be
stabilized with appropriately chosen native shrubs important as wildlife habitat- using temporary
protective erosion control (jute netting material)during the planting process. He added, however,
that if, after pursuing this vegetation method, the bank continues to erode and threaten the
property, the owner can return to the Conservation Commission in ten or more years with an
alternative proposal.
As the other Commissioners had not visited the property and Mr. Wightman had not viewed the
property from all vantage points, the Commission, staff and proponents consensually agreed to
meet together officially on the site. A specific date and time will be determined in the following
days. Conservation staff will post a legal notice of the site visit.
Brewster Conservation Commission Minutes. December 4, 2012 2
Paul Wightman moved, Michael Tobin seconded the motion to continue the hearing to January 8,
2013, to allow the proponent to consider the Commission's comments and requests, for the MA
Natural Heritage Program response, and for the Commissioners to visit the site. The motion was
Approved Unanimously.
*List of documents submitted for the project and discussed at this hearing
1. Notice of Intent for David M.Banash
2. "Site Plan, 195 Leland Road,Felco,Inc.John McElwee,PLS,11/7/12"
3. David M.Banash...Project summary; 18 pages
4. Felco,Inc.letter,October 11,2012 referencing stone masonry inspection
5. Simplified Wildlife Habitat Evaluation Narrative and Appendix A
6. Field Data Forms
7. Notification of Wetlands Protection File Number,MA Department of Environmental Protection(DEP),
12/3/12
8. MA Natural Heritage and Endangered Species Program(NHESP)Priority Habitat(MA Endangered
Species Act[MESA])and Estimated Habitat Map(WPA),321 CMR 10,310 CMR 10,October 1,2008
9. Barto Order of Conditions SE 9-1456, 219 Leland Road,36/90
10. Photos(2 submitted at hearing)showing subject inland bank and slope
(Continued Hearing) Brian H.and Carol D. O'Hern propose to construct a single family
dwelling; work is proposed within 51 feet of a vegetated wetland,on 168 Winstead Road,
Assessors' Map 61, Parcel 42 (formerly 49/8-105). Eligible voters:Evans, Klein,Romano,Tobin
Summary of Staff and Conservation Comments
Mr. Gallagher explained the hearing of November 7, 2012 was continued to allow the proponent's
representative time to address wetland data information; having met with him and reviewed soils
in the wetland for hydric indicators, he agrees the delineation on the plan is accurate. He then
reviewed the draft special conditions for the permit under the BWP By-law.
Bruce Evans moved, Paul Wightman seconded the motion to approve the draft special conditions
under the BWP, and approve an Order of Conditions SE 9- 1561. Approved (by Commissioners
Evans, Klein, Romano and Tobin). Commissioners Wightman, Winfield and McKenna
abstained.
Under the BWP WP Wetland By-law only
Rita DeMarco proposes to remove trees, and fill and re-grade to provide a level surface for
horses,and install fencing to contain horses and other farm animals within the 100 and 50
foot buffer zone of an isolated inland wetland; on 3750 Main Street,Assessors' Map 126,
Parcel 62(formerly 29/10).
The project proponent submitted a written request to continue the above referenced hearing to
January 8, 2013. Winfield moved, Tobin seconded the motion to continue the hearing to January
8, 2013. Motion Approved Unanimously.
Citizens' Forum
There were no citizens present wishing to speak.
Requests for Administrative Review
1. Mr. and Mrs. Edward Z.Jacobson,86 Stonehenge Drive, 67/74(formerly 16/78-48),
..z
(2)tree removal within 50 feet of inland resource area
The Conservation Administrator believed the above referenced project meets all
provisions for an activity under the mechanism of Administrative Review. Following
review and discussion, Evans moved, Winfield seconded the motion to ratify the
Administrative Review approval, with the recommendation that the owner plant two
approved*trees in another area of the buffer zone, to replace the trees removed.
Approved Unanimously.
2. J.Chris Singer, 186 Canoe Pond Drive, 23/56(formerly 36-223) removal of tree next
to dwelling
Brewster Conservation Commission Minutes. December 4, 2012 3
The Conservation Administrator believed the above referenced project meets all
provisions for an activity under the mechanism of Administrative Review. Following
discussion, Wightman moved, Winfield seconded the motion to ratify the Administrative
Review approval. Approved Unanimously.
3. Jane Evans,365 Holly Avenue, 125/100(formerly 31/118),tree removal; leaving tree
debris for wildlife
The Conservation Administrator believed the above referenced project meets all
provisions for an activity under the mechanism of Administrative Review. Following
discussion, Wightman moved, Winfield seconded the motion to ratify the Administrative
Review approval to remove trees, with tree debris to remain for protection of wildlife
habitat. Approved Unanimously.
Review and Approval of Minutes
November 7, 2012
Following review, William Klein moved, Jon Romano seconded the motion to approve the
above referenced minutes as written. Approved Unanimously.
Discussions/Report of the Conservation Administrator
1. November 19, 2012 letter, property on 82/73, (formerly 48/8-8), 0 Whidah Way, Long
Pond Landing Homeowners' Association, property outside wetland jurisdiction
containing conservation restriction - request to cut storm-damaged tree
The Commission consensually agreed the above referenced association may remove the
storm-damaged tree and leave the remains for wildlife habitat value.
Any Topics not reasonably anticipated by the Conservation Commission Chairman
1. Benjamin and Jennifer Gannett: Amended Order of Conditions SE 9-1479, a
wetland permit for proposed demolition and reconstruction of an existing dwelling,
to construct a second floor expansion over the proposed deck in a coastal dune on
68 Ocean Street, Unit 7 (now known as 92 Ocean Street, Assessors' map 90, Parcel
45 (formerly Assessors' Map 7, Parcel 42)
Mr. Gallagher reported that(new) owner/applicants for the above referenced project
would like to install an outdoor shower which is not shown on the approved plans for the
Amended Order of Conditions.
Commission discussion resulted in a consensus that the applicants must file to amend
the Order of Conditions a second time for this shower component, with this discussion
serving as the preliminary determination that the purpose or scope of new proposal -
installation of an outdoor shower on the west side of the property- has not substantially
changed and/or increased... such that project can be reviewed as an amendment.
2. Steven N. and Rosita Brailovsky Fine Order of Conditions SE 9-1505, removal of an
existing dwelling,garage and two driveways and replacement with a new single
family dwelling with attached garage and drive,within 50 feet of an Inland Bank on
123 The Channel Way, 58/8(former 4/43)
Conservation Administrator Gallagher reported that upon inspection of the above
property, he discovered the proponents had constructed an impervious (stone) patio and
stairs within 50 feet of an inland bank, and relocated and enlarged a pervious driveway
within100 feet. He relayed to the Commission his discussion with contractors involved in
the process, who submitted a plan*showing these changes.
The Commissioners acknowledged that the changes constitute a violation of Order of
Conditions SE 9-1505. They discussed enforcement action and other options, and
concluded Mr. Gallagher shall request the owners and representative/contractors attend
a Show Cause Hearing at the next available meeting, to discuss their reasons for the
deviations from the approved Site Plan and mitigation plans of record.
Brewster Conservation Commission Minutes. December 4, 2012 4
The proponents will be asked to calculate the dimensions of the existing stone patio and
driveway area in the 100 foot buffer zone, and submit these to the Conservation
Commission prior to attending the Show Cause Hearing.
*Documents discussed:
• Order of Conditions SE 9-1505 Special Conditions
• Approved Site and Sewage Plan 123 The Channel Felco,Inc.
• Mitigation Site and Sewage Plan 123 The Channel Feico,Inc.,approved by J.Gallagher,
8/24/11
• Existing Conditions Plan 123 The Channel Way,Richard R.L'Heureux
3. 45 Dune Road Josh and Jessica Lutzker, proposal to construct a deck with shower
on the east side of an existing dwelling,expand an entry patio with roof area,
modify a roof system over a portion of the dwelling,and expand the second floor
footprint onto an existing roof deck, on 45 Dune Road,79/32 (formerly 6/15).
Mr. Gallagher informed the Commission the applicants have filed the official paperwork to
amend Order of Conditions SE 9-1560 for the above referenced project. He requested
the Conservation Commission determine at this time if they believe the changes meet the
parameters.
Following a brief discussion, the Commission consensually agreed this discussion can
serve as the initial discussion for the amendment process:
Amended Order of Conditions Preliminary Discussion -
request for Commission to determine whether purpose or scope of the new
proposal (captioned above)-has not substantially changed and/or
increased... such that project can be reviewed as an amendment.
The Commission consensually agreed to entertain a request for an amendment to the
above referenced Order of Conditions, following the required wetland procedures.
4. Chris Miller, Director of Natural Resources
Mr. Miller quickly updated the Conservation Commission on vegetation control and
mitigation he and others have been working on in Conservation Commission controlled
properties as well as certain town property wetland projects. He added the dam
construction at the Stony Brook Mill Site* is ongoing, and that additional work is needed
in this area which may require another wetland permit. His department and the Brewster
Conservation Trust will also be working to create walking brochures, which will require
funding. He asked that the Conservation Commission consider contributing monetarily in
that effort.
*Documents discussed:
1. Order of Conditions SE 9-1544,830 Stony Brook Road, 35/47(formerly 36/21)
Re-organization of the Conservation Commission
The Conservation Commission will re-organize its officer(s) at the meeting of December 18, 2012
Hayley Winfield moved, Michael Tobin seconded the motion to adjourn the meeting.
The meeting adjourned at 8:25 PM.
Carol Spade
Among the list of documents*for this meeting is the following:
Administrative Report of the Conservation Administrator dated December 4,2012
Conservation Commission Approved Planting List:Cape Cod Cooperative Extension Service
(www.capecodextenslon.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. December 4, 2012 5