HomeMy Public PortalAboutConservation Commission -- 2013-01-08 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, January 8, 2013 meeting of the
Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street,
Brewster, MA.
Present
Chairman Stephen McKenna, Vice Chairman Bruce Evans, Commissioners William Klein, Jon
Romano, Michael Tobin, Paul Wightman, Conservation Administrator James Gallagher, Natural
Resources Director Chris Miller, Senior Department Assistant Carol Spade
Not Present
Commissioner Hayley Winfield, Alternate Members Jeanne Boehm, Shana Brogan
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
(Continued Hearing)Girl Scouts of Eastern Massachusetts propose to replace an existing
wooden stairway,on 208 Crowell's Bog Road, 61/14(formerly 41/55).
Eligible voting members:All;hearing was opened on December 18,2012 and continued with no testimony.
Representative: Laura Schofield, Schofield Brothers, Inc. Tom and Michelle Hague, builders for
the project, attended.
Summary of Applicant Testimony
Ms. Schofield presented the applicable resources and the project; construction details and
required vegetation removal, as contained in the application and on the submitted plan*. She
explained the project is within the MA Natural Heritage and Endangered Species(NHESP)
jurisdiction as shown on the applicable map; however, NHESP submitted a response that the
project as proposed, will not affect rare habitats*.
Summary of Conservation Commission Comments
Conservation Commission discussion and questions centered on the existing outhouse building
near the stairway, vegetation removal necessary for constructing the stairway and specifics on its
elevation, and building materials allowed as environmentally appropriate (as contained in the draft
Special Conditions under the BWP By-law*).
Ms. Schofield confirmed that the applicant intends to remove the unused outhouse structure as
part of this project, and clarified that excavation will be limited to that required for installation of
sono-tubes for the elevated stairway.
She explained the project is within the MA Natural Heritage and Endangered Species(NHESP)
jurisdiction as shown on the applicable map; however, NHESP submitted a response that the
project as proposed, will not affect rare habitats*.
Brewster Conservation Commission Minutes. January 8, 2013 1
Summary of Public Comments
There was no public comment.
Summary of Staff Comments
The Conservation Administrator reviewed the draft special conditions under the BWP By-law.
The Commission consensually agreed they shall be amended to include conditions relative to
removing the outhouse structure, requiring associated fill; allowing a three foot wide limit of work
and four-foot wide steps for this public stairway; and that digging for the concrete sono tubes on
the stairway shall be with hand held tools.
Paul Wightman moved, John Romano seconded the motion to approve the draft special
conditions as amended and an Order of Conditions for the project, SE 9-1564. The motion was
Approved Unanimously (Evans, Klein, Romano, Tobin, Wightman, McKenna).
*List of documents submitted for the project and discussed at this hearing
1. Notice of Intent for Girl Scouts of Eastern Massachusetts
2. "Topographic Plan of Land...Prepared for:Girl Scouts...Schofield Brothers", rev.1/3/13
3. December 28,2012 letter to Girl Scouts Inc.from Thomas W.French,Assistant Director,Natural
Heritage&Division of Fisheries and Wildlife MA Natural Heritage and Endangered Species Program
(NHESP);determination that the project:"will not adversely affect the actual resource area habitat of
state protected rare wildlife species pursuant to WPA,310 CMR 10.59...and will not result in a
prohibited"take"of state-listed rare species pursuant to MESA...321 CMR 10.18 This project may be
subject to further review...if there is a change to the project"
4. Draft Special Conditions under the BWP By-law
(Continued Hearing) Under the Brewster Wetlands Protection 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 isolated vegetated wetlands; on 3750 Main Street,Assessors' Map 126, Parcel 62
(formerly 29/10).
Eligible voting members:All;hearing was opened on December 4,2012 and continued with no testimony.
Representative, Jason Ellis, J C Ellis Design, Inc., representative. Owners Rita DeMarco and
Maureen Alston attended.
Summary of Applicant Testimony
Mr. Ellis presented the project, as contained in the application and on the submitted plan*. He
informed the Commission the applicant has withdrawn her plan to provide an area for farm goats
and chickens.
Displaying a digital slide show*of the project area and drawing from a letter*submitted on
December 14, 2012, Ms. Demarco recounted years of debris dumping in the road drainage
retention basin/wetland on the property, prior to her purchase of the property. She then
described her ongoing clearing of this debris, invasive species removal from the wetland, and
replanting around the wetland with appropriate native species; all of which was permitted by the
Conservation Commission by prior review.
Ms. Demarco then elaborated on her proposal to transplant existing trees and shrubs and
otherwise plant native plants and an organic garden, house two horses in an existing barn and
create a fenced paddock, a riding area and two fenced pastures within the buffer zones of both
wetlands (covered manure storage and composting areas to be outside wetland buffer zones).
Summary of Conservation Commission/Staff Comments
Mr. Gallagher and the Commission discussed the project area and its applicability under the BWP
By-law only, as unlike the BWP By-law, the WPA does not regulate buffer zones of isolated
vegetated wetlands*.
Brewster Conservation Commission Minutes. January 8, 2013 2
t
It was established that the project is within the MA Natural Heritage and Endangered Species
(NHESP)jurisdiction as shown on the applicable map; however, NHESP submitted a response
that the project as proposed, will not affect rare habitats*.
The Commission commended the applicant for her diligence and work in improving the
environmental quality of the site.
Further discussion centered on the proposed grading in the 50 and 100 foot buffer zone.
The Commission believed the plan must be revised to depict the applicant's withdrawal of the
proposed goat and chicken farm area.
Summary of Public Comments
Chairman McKenna read into the record, a letter*from Jason and Victoria Wallace. Mr. Gallagher
established the abutters no longer object to the project due to elimination of the goats and
chickens.
John Romano moved, William Klein seconded the motion to continue the hearing to February 5,
2013, to allow the proponents to revise the plan as discussed above, and for staff to draft special
conditions for the project. The motion was Approved Unanimously.
*List of documents submitted for the project and discussed at this hearing
1. Notice of Intent for Rita Demarco
2. "Site Plan,Rita F.Demarco Maureen Alston...J.C.Ellis Design 10/15/12"
3. December 3,2012 letter from Jason and Victoria Wallace
4. January 3,2013 letter to Rita Demarco from Thomas W.French,Assistant Director,Natural Heritage&
Division of Fisheries and Wildlife MA Natural Heritage and Endangered Species Program(NHESP);
determination that the project:"...and will not result in a prohibited"take"of state-listed rare species
pursuant to MESA...321 CMR 10.18 This project may be subject to further review...or if there is a
change to the project"
5. December 10,2012 letter:Re:Application for Variance,addressed to"Neighbors"
6. Videotape of project and site shown by applicant.htto://www.voutube.com/watch?v=3DYROotvmZL
Note:not available for the project file
7. Ch.131,§40,Wetlands Protection Act(WPA),310 CMR 10.00 Regulations
Discussion on Emergency Permitting
1. Town of Brewster Department of Public Works, proposes to prune vegetation to
improve site lines for public safety, at the Eddy Elementary School, 2298 Main
Street, 77/58 (formerly 16/80-1)
Representatives, Brewster Police Chief Richard Koch, Fire Chief/Emergency
Management Director Robert Moran
Following discussion on the need for the above, the Commission consensually agreed to
approve the work (see below: Requests for Administrative Review).
2. Town of Brewster Department of Public Works, proposes to widen nature path to
provide safety measures for vehicles at 2298 Main Street and 384 Underpass Road
77/58, 76/22 (formerly 16/80-1,80-2)
Representatives, Brewster Police Chief Richard Koch, Fire Chief/Emergency
Management Director Robert Moran
Following discussion on the need for emergency measures between the Stony Brook and
Eddy Elementary schools, the Commission approved removal of vegetation sufficient to
provide vehicle emergency access, in the areas depicted in the Conservation
Administrator's agenda comments photos*, and signed the Emergency Certification. The
trees requested for removal shall be approved by the Conservation Administrator prior to
commencement of work. The Conservation Administrator will work with the Department
of Public Works, which will do the cutting this winter season, to mark the trees in the
coming week.
*List of documents submitted discussed
1. Emergency Certification Form,2298 Main Street,384 Underpass Road...
Brewster Conservation Commission Minutes. January 8, 2013 3
Public Hearings (Continued)
(Continued Hearing) 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).
Eligible voting members:Evans,Klein,Romano,Tobin,Wightman,Winfield,McKenna,(Brogan)Hearing was
opened on December 4,2012,testimony taken
Lynne Hamlyn, Hamlyn Consulting, Inc. represented David M. Banash, who attended also.
Summary of Applicant Testimony
Briefly reviewing the project, Ms. Hamlyn confirmed that on December 18, 2012, the
Commissioners visited the site.
Summary of Conservation Commission Comments
The Commission consensually agreed that the components 2, 3, 4 and 5 as described above can
be approved as presented.
As to component 1; stabilization of an inland bank, Commission consensus was decisive that the
project not result in a revetment across the lower slope and bank. Comments included allowing
stones in isolated places only where the Commission deems absolutely necessary, interspersed
with appropriate native shrub vegetation, in light of the importance of appropriate native
vegetation for shading, etc., for wetland wildlife habitat*-and concern that the actual number of
proposed stones/boulders was not provided in the Notice of Intent. However, the Commission
consensually believed if the project is carefully conditioned to require appropriate native shrubs,
including in areas of pine removal -and with professional monitoring, staging, progress reporting,
it might result in a net overall improvement to wildlife habitat.
Mr. Banash confirmed that he does not want to create a revetment or the appearance of a
revetment across the shoulder of the slope or bank on his property.
Summary of Public Comments
There was no public comment.
Paul Wightman moved, Michael Tobin seconded the motion to continue the hearing to February
5, 2013, to allow the staff to draft special conditions under the BWP By-law, to include
conditioning specifics on the following:
1. Qualified professionals shall conduct and oversee all field work.
2. The project shall be phased as deemed appropriate.
3. The applicant shall submit progress reports to the Commission following excavation,
planting, etc., to include:
• Number of stones placed in the slope/bank
• Photos showing the work area, including stones placed in slope/bank
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,Feico,Inc.John McElwee,PLS,11/7/12"
3. December 19,2012 letter to David Banash from Thomas W.French,Assistant Director,Natural Heritage
&Division of Fisheries and Wildlife MA Natural Heritage and Endangered Species Program(NHESP);
determination that the project:"will not adversely affect the actual resource area habitat of state
protected rare wildlife species pursuant to WPA,310 CMR 10.59...and will not result in a prohibited
"take"of state-listed rare species pursuant to MESA...321 CMR 10.18 This project may be subject to
further review...if there is a change to the project"
4. BWP By-law Regulations 3.01 Inland Banks(Naturally Occurring Banks and Beaches)...provide shade that
moderates water temperatures,as well as providing breeding habitat,escape cover and food, all of which
are significant to the protection of fisheries. Banks which drop off quickly or overhang the water's edge
Brewster Conservation Commission Minutes. January 8, 2013 4
often contain numerous undercuts which are favorite hiding spots for important game species such as
largemouth bass(Micropterus saimoides).
(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 16(no testimony),November 20(no
testimony),December 4(no testimony),December 18,2012(no testimony)
The proponent requested the hearing be continued to February 5, 2013. Bruce Evans moved,
Jon Romano seconded the motion to continue the hearing to February 5, 2013. The motion was
Approved Unanimously.
(Continued Hearing)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).
Eligible voting members:Evans,Klein,Romano,Tobin,Wightman,Winfield,McKenna,(Brogan)Hearing was
opened on December 18,2012;testimony taken
Matt Farrell, J. M. O'Reilly, Inc., represented the applicants.
The hearing of December 18, 2012 was closed to oral testimony and continued to this time to
allow staff to draft special conditions under the BWP By-law.
Summary of Staff Comments
Mr. Gallagher reviewed special conditions. Paul Wightman moved, Michael Tobin seconded the
motion to approve the special conditions as drafted, and approve an Order of Conditions (SE 9-
1565).
*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. Draft Special Conditions under the BWP By-law
Stephen and Stephanie Tupper propose to construct a single family dwelling and
associated construction within 50 feet of a bordering vegetated wetland on 0 Olde Owl
Pond Road,Assessors' Map 137, Parcel 75(formerly 31/17).
John Schnaible, RS, Coastal Engineering Co, Inc. represented the applicants. Stephanie, and
Stephen and Tupper and Kathleen and Ralph Tupper attended.
Summary of Applicant Testimony
Referencing the Notice of Intent`; the resource areas involved, the project narrative, etc. and
variance request, and displaying a copy of the submitted plan*, Mr. Schnaible described the
project. He explained the variance is necessary to grade and construct a driveway within 50 feet
of the wetland, an agricultural cranberry bog; Mr. Tupper intends to maintain the bog, and store
agricultural equipment in the garage portion of the dwelling.
Summary of Staff/Conservation Commission Comments
With the recommendation of the Conservation Administrator, the Commission consensually
accepted the resource area location shown on the plan and depicted in the DEP Data
information*, as accurate.
The project was submitted to the MA Historical Commission*and the NHESP*, as it occurs within
the jurisdiction of significant historic or archaeological resources.
Brewster Conservation Commission Minutes. January 8, 2013 5
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.
Mr. Gallagher stressed the importance of moving the entire work limit closer to the project to
avoid unnecessary vegetation removal.
Mr. Evans remarked that the applicant has proposed no wildlife habitat mitigation for the
significant amount of forest area that would be lost to the project.
Mr. Tobin, Mr. Wightman and Chairman McKenna believed the driveway in the 50 foot buffer
zone should be eliminated from the proposal, and that the driveway outside the 50 foot buffer
zone could serve all the applicant's purposes. Mr. Wightman added the applicant submitted no
alternative analysis for the driveway in the 50 foot buffer zone; nor did he submit mitigation
measures*.
Chairman McKenna added that the Conservation Commission has a policy to require a structure
to be moved further from the 50 foot buffer zone to account for the limit of work involved. in this
case the proposed deck is next to the 50 foot buffer zone. It is on pilings and requires no
extensive work limit; however, he believed it important it be further from the 50 foot buffer zone to
protect it from foot traffic after the dwelling is built.
Chairman McKenna acknowledged for the record, letters from abutters*, who expressed concern;
primarily that the project will adversely effect the nearby ponds and wildlife habitat.
The application received a file number from MA Department of Environmental Protection (DEP)
(SE 9-1567); showing the application under the State is complete.
Owner Testimony
Ralph Tupper stated that based on his experience from his property nearby, he believes the MA
Historic Commission will respond that the project will have no adverse effects on historic or
archaeological interests. He also believed that contrary to abutter concerns, based on reports of
the Cape Cod Mosquito Control, which treats the area, his agricultural bog has not compromised
the ponds.
Summary of Public Comments
There were no abutters attending who wished to comment on the project.
Michael Tobin moved, Jon Romano seconded the motion to continue the hearing to February 5,
to allow the proponent to revise the plan in consideration of Conservation Administrator and
Conservation Commission comments. The motion was Approved Unanimously.
*List of documents submitted for the project and discussed at this hearing
1. Notice of intent for Stephen and Stephanie Tupper
-"Site Plan,Proposed Site and Sewage Disposal Plan,Steven Tupper Olde Owl Pond Road 12/19/12"
-Appendix G.DEP Bordering Vegetated Wetland(310 CMR 10.55)Delineation Field Data Form,Section
Ii,Indicators of Hydrology
2. Brewster Archaeological Map
-MA Appendix A Massachusetts Historical Commission
3. Town of Brewster Wetland Regulations Part V Variances a)1,2,3
4. Letters from abutters:
Jim Holland,December 30,2012
Allison Argo,December 29,2012
Brenda Whitaker,January 4,2013
Susan Day Searles,January 5,2013
Richard and Carol Lay,January 7,2013
Brewster Conservation Commission Minutes. January 8, 2013 6
Benjamin and Jennifer Gannett propose to amend Amended Order of Conditions SE 9-
1479 -for demolition and reconstruction of an existing dwelling with second floor
expansion over a formerly proposed deck in a coastal dune—to construct an outdoor
shower and paving stone area. Property is on 68 Ocean Street, Unit 7 (now known as 92
Ocean Street,Assessors' Map 90, Parcel 45(formerly Assessors' Map 7, Parcel 42).
Summary of Applicant Testimony
Matt Farrell, J. M. O'Reilly, Inc., represented the applicants, and described the proposed shower,
4 x 4'x 18" drainage bed and paving stone project. He confirmed the shower would be
constructed on a wooden deck.
Summary of Staff/Conservation Commission Comments
Mr. Gallagher reviewed the history of this reconstructed dwelling, which the Commission
approved on pilings and relocated landward, as mitigation for a structure within a coastal dune
(amended to include a second floor over a formerly approved deck).
During discussion, the Commission consensually believed the project would adversely impact the
pristine resource area on the west side; it would be more environmentally appropriate to keep all
activity on the east side of the dwelling (i.e., existing walkway, etc).
Jon Romano moved, Mike Tobin seconded the motion to continue the hearing to February 5,
2013, to allow the proponent to consider the Commission's concerns. Continuance to February
5, 2013 was Approved Unanimously.
Summary of Public Comments
There was no public comment.
*List of documents submitted for the project and discussed at this hearing
1. December 20,2012 Request for Amendment to(Amended)Order of Conditions SE 9-1479
2. "Site Plan,Gannett Residence 68 Ocean Street(sic),J.M.O'Reilly,revised 12/21/12"
Pineland Park Association, in care of John Whidden proposes to reconstruct an existing
wooden walkway and parking lot drainage within a coastal dune on 0 Seaway,Assessors'
Map 79, Parcel 108 (formerly 6121)
Summary of Applicant Testimony
Matt Farrell, J. M. O'Reilly, Inc., represented the applicants, and described the project, as
contained in the Notice of Intent and accompanying plan.* Bob Davis, and Cathy Frissora of the
Pineland Park Association, attended.
Summary of Staff/Conservation Commission Comments
The Conservation Administrator questioned the observed concrete structure in the jurisdictional
areas, and whether it was part of an underground drainage system.
He stated that he accepts the applicant's wetland delineation. However, he believed that contrary
to the applicant's response to Section C: 6 in the Notice of Intent, the project may not be exempt
from MA DEP Stormwater Management Standards. Additionally, more detail and clarification is
needed on the plan regarding components of the leaching basin.
Commission discussion centered on appropriate drainage mechanisms. The applicant agreed to
revise the plan for specificity on directing stormwater away from jurisdictional areas into the
drainage basin(s).
Jon Romano moved, Michael Tobin seconded the motion to continue the hearing to February 5,
2013, to allow time for the applicant to consider all of the items discussed, and for a file number
from MA Department of Environmental Protection (DEP), showing the application under the State
is complete. The continuance to February 4, 2013 was Approved Unanimously.
Brewster Conservation Commission Minutes. January 8, 2013 7
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 John Whidden
2. "Site Plan, Pineland Park Association,Inc.J.M.O'Reilly...12/20/12"
Citizens' Forum
There was no citizen present wishing to speak at this time.
Amended Order of Conditions Preliminary Discussion
Order of Conditions SE 9-1326, 91/14-799(formerly 7/11)for demolition and construction
of a single family dwelling on pilings, on a coastal dune-Request for Commission to
determine whether purpose or scope of new proposal—enlarging cellar footprint
northward and eastward. an increase from the approved 12 by 10 feet to 12 by 17 feet and
shifting to the west side of the dwelling, moving walkway,shifting the dwellings entrance to
the west-has not substantially changed and/or increased... such that project can be
reviewed as an amendment.
Robert Perry, Professional Engineer, Cape Cod Engineering, Inc., and Duane Landreth, attorney,
attended on behalf of the applicants, who attended also. The representatives discussed the
coastal dune resource area as they understood it, and stated they believed the project meets the
parameters for amending the Order of Conditions under MA DEP Policy 85-4*.
Chairman McKenna stated he believes the proposal for a reconstructed dwelling on a coastal
dune, approved by the Conservation Commission with the requirement that it be on pilings and
moved landward, allowing a 12 by 10 foot cellar only, exceeds the scope of the amendment
process as contained in Policy 85-4, and that the applicant must file a new Notice of Intent under
the WP ACT and BWP By-law for a dwelling with an expanded cellar footprint and other changes.
Following discussion of the resource area and the project, and a poll of all Commissioners on the
request, the board consensually agreed the proposed 50 square foot expansion and other
changes do not meet the parameters of the amendment process*, and shall require the filing of a
new Notice of Intent.
*Documents Discussed
1. Order of Conditions SE 9-1326
2. MADEP DWW Policy 85-4,Amending Orders of Conditions,1985,revised 1995
Requests for Extensions to Orders of Condition
1. Order of Conditions SE 9-1431, 217, 237, 0 , 257 and 267 Crocker Lane, Extension 3
under BWP By-law
2. Order of Conditions SE 9-1479,68 Ocean Street, 90/45(formerly 7/42) Extension 1
under BWP By-law
Following the recommendation of the Conservation Administrator, Bruce Evans moved,
Jon Romano seconded the motion to approve the above referenced requests for
extensions, under the MA ACT and BWP By-law for one year. Approved Unanimously.
Requests for Certificates of Compliance
1. Order of Conditions SE 9-1357, Leslie Moreland and Craig Panaccione,61 Dick's
Way, 34/24(formerly 36/47),single family dwelling
Following the recommendation of the Conservation Administrator that the project
complies with the Order of Conditions, Michael Tobin moved, Jon Romano seconded the
motion to approve the above referenced Certificate of Compliance under the MA ACT
and BWP By-law. Approved Unanimously.
2. Order of Conditions SE 9-1334, Brian H. O'Hern/Unique Properties, LLC, Lot 5,
Winstead Road, 61/36 (formerly 40,49/67, 8)
Brewster Conservation Commission Minutes. January 8, 2013 8
The Conservation Administrator confirmed that the project did not commence and
jurisdictional areas remain undisturbed. Michael Tobin moved, Jon Romano seconded
the motion to approve the above referenced Certificate of Compliance under the MA ACT
and BWP By-law. Approved Unanimously.
Requests for Administrative Review
1. Dennis Lanzetta, Installation of deck in 100 foot buffer zone to inland wetland, 5
Moidstad Lane, 57/51 (formerly 17/62)
2. Charles and Catherine E. Dorn, removal of two dead trees within 50 feet of inland
resource area, 230 Lake Shore Drive,51/99(formerly 49/78.
3. Town of Brewster Department of Public Works, proposes to prune vegetation to
improve site lines for public safety, at the Eddy Elementary School, 2298 Main
Street, 77/58 (formerly 16/80-1)
The Conservation Administrator believed the above referenced projects meet all
provisions for activities under the mechanism of Administrative Review. Following
discussion, Bruce Evans moved moved, William Klein seconded the motion to ratify the
Administrative Review approvals Approved Unanimously.
Review and Approval of Minutes
1. December 4,2012
Following review, Jon Romano moved, Michael Tobin seconded the motion to approve
the above referenced minutes as written. Approved Unanimously.
2. December 18, 2012
Following review, Jon Romano moved, Michael Tobin seconded the motion to approve
the above referenced minutes as written. Approved Unanimously.
Discussions/Report of the Conservation Administrator
1. Order of Conditions SE 9-1470, Property on 83 Dune Road, 79/35(formerly 6/18,
999)Jonathan and Bonny Witcher,applicant/owners
1. Review of required third annual (2012)monitoring report, 12/27/12(Special
Condition B17).
The Commission reviewed the above referenced report, and agreed to the
recommendations of the Conservation Administrator for controlling early stages
of invasive species, and replacing mitigation shrubs/trees which failed to survive.
2. Request for release of performance bond to former owner, Sal Vasta
At the recommendation of the Conservation Administrator that required mitigation
plantings have survived for three years, Jon Romano moved, Michael Tobin
seconded the motion to release the above captioned performance bond.
Approved Unanimously.
Bruce Evans moved, Michael Tobin seconded the motion to adjourn the meeting.
The meeting adjourned at 10:25 PM.
Carol Spade
Among the list of documents*for this meeting is the following:
Administrative Report of the Conservation Administrator dated January 8,2013
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. January 8, 2013 9