HomeMy Public PortalAboutConservation Commission -- 2012-12-18 Minutes 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 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, 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
Requests for Determination of Applicability
Edna Pawlina requests determinations on whether the work; construction of a porch and
deck onto an existing dwelling, and the area, are subject to the WPA or BWP By-law—on
112 Spring Lane,48/13 (formerly 19/43).
Representative,John O'Reilly, PE, PLS,J. M. O'Reilly and Associates, Inc.,Tom Moore, contractor. Edna
Pawlina attended.
Summary of Applicant Testimony
Mr. O'Reilly briefly described the project and applicable resource areas.
Summary of Public Comments
There was no public comment.
Summary of Staff/Summary of Conservation Commission Comments
Jon Romano moved, Hayley Winfield seconded the motion to issue Negative Determinations, 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 (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 (Evans, Klein, Romano, Tobin, Wightman, Winfield, McKenna).
*List of documents submitted for the project and discussed at this hearing
1. Request for Determination...for Edna Pawlina
2. "Certified Plot Plan...Dwelling With Proposed Addition...Pawlina,11/26/12"
Brewster Conservation Commission Minutes. December 18, 2012 1
112 Spring Lane,48/13 (formerly 19/43). Summary of Violation Discussion/Conservation
Commission comments
The Commission discussed possible buffer zone, etc., violations detailed in Mr. Gallagher's
agenda comments*; drainage into wetland, septic issues, trees cut in the buffer zone and activity
on adjacent town land.
During the course of discussion, the Commission determined the Conservation Administrator
shall issue an enforcement order under the WPA and BWP By-law, to the property owner,
requiring the following:
1. Drainage from flooding inside of structures shall be directed away from the wetland.
2. Fill on southerly adjacent property, 0 Brier Lane, 48/10, owned by the town of Brewster
and under the care, custody and control of the Conservation Commission shall be
removed, the damaged fence replaced and all future filling activity shall cease.
3. The owner shall submit a mitigation plan showing shrubs/trees; species chosen from the
Cape Cod Cooperative Extension Service(www.caoecodextension.orq) list of acceptable
plantings for fresh water buffer zones. Number, species, size and natural spacing of
plants appropriate for this environment, and planting date(s) shall be approved by the
Conservation Administrator.
Paul Wightman moved, Bruce Evans seconded the motion that the Conservation Administrator
issue an Enforcement Order to the property owner, with requirements as discussed. Approved
Unanimously.
Notices of Intent
(Continued Hearing)Thomas and Carol Edmondson, Peter Wallis, Paul and Annette
Roberts and the Town of Brewster propose to re-construct a rock revetment on a coastal
dune and coastal beach, on 41,47, 51 Captain Dunbar Road and 0 Ellis Landing,
Assessors' Map 91, Parcels 39,40,41 and 42(formerly 7/14, 15, 16, 16-1).
Eligible members:McKenna,Evans,Klein,Tobin,Winfield,Boehm Hearing was opened on August 21 (testimony
taken),continued to September 18(no testimony),October 18(no testimony),November 20(no testimony)
The proponent requested in writing that the hearing be continued to January 8, 2013. Paul
Wightman moved, Bruce Evans seconded the motion to continue the hearing to January 8, 2013.
The motion was Approved Unanimously.
(Continued Hearing) Edward Barber proposes to construct an addition to an existing
dwelling and a paved driveway, and install a new septic system; the project area is within
100 feet of a bordering vegetated wetland,on 197 Linnell Landing Road, Assessors' Map
103, Parcel 2 (formerly 9/49).
Eligible members: Hearing opened November 20(testimony taken)Evans,Klein,Romano,Tobin,Wightman,
Brogan
Russ Holden, Ryder and Wilcox, Inc., represented the applicant. Edward Barber attended.
Referencing revised plans, Mr. Holden described the plan changes requested at the original
public hearing.
Mr. Gallagher also reviewed the plan revisions, requesting clarification on the submitted drainage
calculations and design for a proposed impervious driveway. He then reviewed draft special
conditions for the Order of Conditions under the BWV By-law.
Discussion centered on the following draft condition:
B21. Clearing and mowing within the wetland shall cease.
• The edge of clearing shall be marked by permanent fencing or appropriate
*native shrubs(as shown on the plan revised December 7,2012).
• The edge of the existing path in the wetland shall be delineated clearly with
native shrubs.
The Commission consensually agreed that a temporary protective fence or other visual barrier
shall be erected around the mowed wetland, and may be removed once a native shrub barrier
consisting of two gallon plants has matured enough to protect, and prevent activity intrusion into
the wetland.
Brewster Conservation Commission Minutes. December 18, 2012 2
Michael Tobin moved, William Klein seconded the motion to close the public hearing and approve
an Order of Conditions for the project, incorporating draft special conditions, to be revised
consistent with the issues discussed. Approved. Hayley Winfield and Stephen McKenna
abstained.
*List of documents submitted for the project and discussed at this hearing
1. Notice of intent for Edward Barber
2. "Site Plan,Proposed Addition and Sewage...Barber,rev.12/7/12"
3.Conservation Commission Approved Planting List:Cape Cod Cooperative Extension Service
(www.capecodextenslon.org)list of native woody plants for inland wetland buffer zones depicting the species,
size and natural spacing of plants
Girl Scouts Inc./Patriot's Trail Girl Scouts propose to replace an existing wooden stairway,
on 208 Croweli's Bog Road,61/14(formerly 41/55).
The proponent requested in writing that the hearing be continued to January 8, 2013. Michael
Tobin moved, William Klein seconded the motion to continue the hearing to January 8, 2013. The
Motion was Approved Unanimously.
David and Linda Houghton propose to construct a deck,two patios, and shower to an
existing dwelling,and prune for a vista and otherwise manage existing vegetation along a
salt marsh, at 94 Upland Circle, 127/19 (formerly 10/20-49).
John O'Reilly, PE, PLS, J. M. O'Reilly, Inc., represented the applicant. Linda and David Houghton
attended.
Summary of Applicant Testimony
Referencing the submitted site plan*and narrative*, Mr. O'Reilly described the project and the
resource areas involved. The project is located in an area of Estimated Habitat of Rare Wildlife
under the MA Natural Heritage and Endangered Species Program (NHESP).
Summary of Staff Comments
In response to Conservation Administrator's Administrative Review Report*on the Notice of
Intent, the Commission consensually established the vista pruning is proposed to occur on a
coastal bank and in land subject to coastal storm flowage resource areas, and the northern
portion of the property(at elevation 10) is located within the Cape Cod Bay Area of Critical
Environmental Concern (ACEC)*.
Summary of Conservation Commission Comments
The Commission discussion centered primarily on the proposed vista pruning. Referencing the
Conservation Administrator's Administrative Report and photos*, the Commission stressed the
need to mitigate for the current unnatural vegetative pruning (at 3-4 foot heights), to achieve
undulating, varied and taller heights of these primarily native existing plantings.
In response to the owners' request that they conduct the pruning themselves, the Commission
consensually recommended a pruning protocol plan be submitted to correct the past improper
pruning, and a professional consultant at the property owners'expense, oversee this field work.
Mr. Wightman expressed concern that so much of the requested vegetative pruning is very near
the salt marsh resource area (in the ACEC). He also believed the applicants should remove
existing Phragmites australis in this area;explaining that presently the numbers are few, but it is
the nature of this invasive plant to become prolific in a short time. Mr. McKenna agreed that the
Commission's policy (and the Conservation Administrator's recommendation) of requiring the
removal and monitoring of existing invasive plants on a site in exchange for allowing vista
pruning, is a positive mechanism in environmental protection.
The Commission noted that existing paths to the resource area are wider than allowed (and
believed they should be narrowed to a maximum of four(five)feet wide), but lauded the
environmental benefit of the proposed removal of the existing asphalt driveway and replacement
with pervious gravel.
Brewster Conservation Commission Minutes. December 18, 2012 3
Summary of Public Comments
There was no public comment.
Hayley Winfield moved, Jon Romano seconded the motion to continue the hearing to February 5,
2013, to allow the applicant to submit information addressing the issues discussed. Continuance
to February 5, 2013 Approved Unanimously.
*List of documents submitted for the project and discussed at this hearing
1. Notice of Intent for David and Linda Houghton
2. "David and Linda Houghton Site Plan,94 Upland Circle,11/30/12"
Condition#1 "Vista Pruning Notes"All tree pruning shall be completed by a licensed arborist
3. (C Applicable Standards P 4 NOI)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
4. (C Applicable Standards P 6 NOI)Area of Critical Environmental Concern
Josh and Jessica Lutzker propose to amend Order of Conditions SE 9-1560 to construct a
patio in lieu of an existing deck,on 45 Dune Road, 79/32(formerly 6/15).
John O'Reilly, PE, PLS, J. M. O'Reilly, Inc.,
Summary of Applicant Testimony
Referencing the submitted site plan*and narrative*, Mr. O'Reilly briefly described the project and
the resource areas involved.
Summary of Conservation Commission Staff Comments
Acknowledging that the requested amended proposal is a minor change to the plan approved in
Order of Conditions SE 9-1560, Paul Wightman moved, Bruce Evans seconded the motion to
approve the project, incorporating special BWP Bylaw conditions amended to reflect the change.
Approved Unanimously.
Summary of Public Comments
There was no public comment.
*List of documents submitted for the project and discussed at this hearing
1. November 30,2012 Request for Amended Order of Conditions,John M.O'Reilly,...
2. "J.M.O'Reilly Site Plan,Josh and Jessica Lutzker...45 Dune Road,rev.11/26/12"
Josh and Jessica Lutzker propose 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).
John O'Reilly, PE, PLS, J. M. O'Reilly, Inc.,
Summary of Applicant Testimony
Referencing the submitted site plan*and narrative*, Mr. O'Reilly briefly described the project and
the resource areas involved.
Summary of Conservation Commission/Staff Comments
Mr.Wightman asked if the Conservation Commission has special requirements regulating
outdoor showers in wetland buffer zones. He was told it does not, and the Town of Brewster
does not, although due to the increasing popularity of outdoor showers in this coastal community,
other towns on Cape Cod are implementing special regulations for all outdoor showers, for
protection of groundwater, etc.
Mr. Gallagher requested the applicant address whether existing mitigation plantings at the front
entrance would be removed. Mr. O'Reilly responded that the applicants are willing to transplant
the materials or install equivalent plantings as required* by the Conservation Commission.
Following brief acknowledgment of approval for other aspects of this project, Bruce Evans moved,
Jon Romano seconded the motion to close oral testimony and continue the hearing to January 8,
Brewster Conservation Commission Minutes. December 18, 2012 4
to allow the Commission to submit draft special conditions for the project under the BWP By-law.
Continuance to January 8, 2012 Approved Unanimously.
Summary of Public Comments
There was no public comment.
*List of documents submitted for the project and discussed at this hearing
1. Notice of intent for Josh and Jessica Lutzker
2. "J.M.O'Reilly...Site Plan, Josh and Jessica Lutzker,,rev.11/26/12"
3. Conservation Commission Approved Planting List:Cape Cod Cooperative Extension Service
(www.capecodextenslon.org),list of native woody plants for coastal buffer zones depicting the
species,size and natural spacing of plants
Violation
Town of Brewster Weathervane Way, 102/68 (Formerly 9/12) unauthorized cutting, filling -
Ratification of Amended Enforcement Order
The Conservation Administrator requested the Conservation Commission ratify the above
amended enforcement order, issued on 12/12/12. Paul Wightman moved, Hayley Winfield
seconded the motion to amend the enforcement order. Approved Unanimously. The
Commissioners signed the document.
Citizens' Forum
There was no one attending, requesting to speak.
Conservation Restriction
1. (Ex-Gerardi Conservation Restriction to the Town of Brewster: 0 Main Street, 7.94
acres of freshwater wetlands -request for signature of "Exhibit B" of Natural
Resource Inventory for Conservation Restriction granted by the Compact of Cape
Cod Conservation Trusts to Town of Brewster
The Commissioners consensually approved and signed the above referenced document.
Requests for Extensions to Orders of Condition
1. Cobbs Pond Condominium Association, Order of Conditions SE 9-1413, 120
Wauquanesit Drive 57/5 (formerly 17/1)
2. Wayne and Diane Morgan, Order of Conditions SE 9-1453, 8 Nelson Path, 91/8
(formerly 7/8)
3. Latham Centers, Order of Conditions SE 9-1501, 1646 Main Street, 56/69 (formerly
24/21)
Following the recommendation of the Conservation Administrator, Bruce Evans moved,
Michael Tobin seconded the motion to approve the above referenced requests for
extensions, under the MA ACT and BWP By-law for one year. Approved Unanimously.
Request for Certificate of Compliance
1. Sea Pines Condominium Association, Order of Conditions SE 9-1378, 78/77
(formerly 6/20)
Following the recommendation of the Conservation Administrator that the project
complies with the Order of Conditions, Hayley Winfield moved, William Klein seconded
the motion to approve the above referenced Certificate of Compliance under the MA ACT
and BWP By-law. Approved Unanimously.
Review and Approval of Minutes
November 20, 2012
Bruce Evans moved, Michael Tobin seconded the motion to approve the above
referenced minutes as written. The motion was Approved Unanimously.
December 4, 2012
Postponed.
Brewster Conservation Commission Minutes. December 18, 2012 5
Discussions/Report of the Conservation Administrator
1. Re-organization of the Conservation Commission
Bruce Evans volunteered to serve as vice chairman of the Conservation Commission for
one year. Paul Wightman moved, Jon Romano seconded the motion to appoint Bruce
Evans vice chairman of the Conservation Commission for the year 2013. The motion
was Approved Unanimously.
At the request of the Conservation Administrator for a Commissioner to serve as
Secretary to write letters as representative of the Conservation Commission, Hayley
Winfield volunteered to commit to that responsibility.
2. Update of Violations; Order of Conditions SE 9-1470, Property on 83 Dune Road,
79/35(formerly 6/18, 999)Jonathan and Bonny Witcher, applicant/owners
a. Mr. Gallagher stated the above applicants are expected to submit the required
third annual (2012) monitoring report(Special Condition B17)for this Order of
Conditions filed to mitigate for violations of the ACT and BWP By-law, in the
coming weeks.
b. Mr. Sal Vasta, former owner for the above property, has requested release of a
related performance bond. This will be considered at the meeting of January 8,
2013.
Review of Correspondences
The Conservation Administrator and the Commissioners briefly discussed the listed letters.
1. October 31, 2012 letter from DEP to Groundwater Discharge Permittee: James
Burgess, Orleans Brewster Groundwater Discharge Permit#187-2 to Tri-Town
Septage... Extension under Permit Extension Act
2. DEP File SE 9-1530 Dorothea Dugan, et al...December 7, 2012 Superseding Order
of Conditions Determination
Mr. McKenna informed the Commission that the MA DEP determined the above
applicant's request for a Superseding Order of Conditions is valid, based on provisions of
310 CMR 10.05 regarding public hearing continuances.
Any Topics not reasonably anticipated by the Conservation Commission Chairman
1. Reference: Litigation under Brewster Wetland Protection By-law; Richard V.
Bonetti, 0 L. P.Albert Road, Assessors' Map 47, Parcel 1-6; alteration of
vegetation within 100 feet of Bordering Vegetated Wetland
Mr. Gallagher stated that Mr. Bonetti will be arraigned in Orleans District Court on
Thursday, December 20. Mr. Gallagher will attend.
Bruce Evans moved, Paul Wightman seconded the motion to adjourn the meeting.
The meeting adjourned at 8:30 PM.
Carol Spade
Among the list of documents*for this meeting is the following:
Administrative Report of the Conservation Administrator dated December 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 1 ,‘1)
Brewster Conservation Commission Minutes. December 18, 2012 6