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Home My Public Portal AboutConservation Commission -- 2013-01-22 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 22, 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 ti 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." Amended Order of Conditions Preliminary Discussion Order of Conditions SE 9-1549, 93 The Channel Way, 58/6 (formerly 4/49)-Anna C. Lombroso; Reconstruction of dwelling within 50 feet of wetland -Request for Commission to determine whether purpose or scope of new proposal—modification of dwelling footprint seven feet further inland than approved, and deck increase in the 50 foot buffer zone-has not substantially changed and/or increased..,such that project can be reviewed as an amendment Representative, David LaJoie, RS, Felco, Inc. Summary of Applicant Discussion Mr. LaJoie described the requested project changes, as shown on the submitted proposed plan*, and as shown above. Summary of Commission Discussion The Commission briefly discussed mitigation for proposed work within 50 feet of the resource areas. Following discussion, the Commission consensually agreed to entertain a request for an amendment to the above referenced Order of Conditions as described and shown on submitted plan*, contingent on submittal of information required in the state Policy for Amending Orders of Conditions*and the procedure under Brewster's WP By-law. *List of documents submitted and discussed: 1. Proposed Plan"Site&Sewage Plan, 95 The Channel...Anna C.Lombroso"rev.1/10/13 2. Approved Plan,Order of Conditions SE 9-1649 "Site&Sewage Plan, 95 The Channel...Anna C.Lombroso" rev.4/28/12 3. MA DEP DWW Policy 85.4,Amending Orders of Conditions,1985 Brewster Conservation Commission Minutes. January 22, 2013 1 Citizens' Forum There was no one present, wishing to speak at this time. VIOLATION SHOW CAUSE HEARING Steven N. and Rosita Brailovsky Fine Order of Conditions SE 9-1505,for 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) Onsite conditions: Deviations from approved plan —construction of an Impervious (stone) patio,and stairs, retaining wall expansion within 50 feet of an inland bank, and relocation and enlargement of a pervious driveway within100 feet of inland bank Summary of owner representative Attorney David Nunheimer attended on behalf of Steven and Rosita Brailovsky Fine. He explained he believed communication problems between various contractors his clients hired for the rebuilding of this dwelling contributed to their constructing a patio, etc., and relocating a driveway not shown on the approved plan of record*, without prior review. Summary of Staff/Conservation Commission comments The Conservation Administrator and Commission discussed the violation, as on December 4, 2012*when they determined the owners and/or representative shall attend this formal Show Cause Hearing. The Commission consensually agreed that under the BWP By-law, impervious structures are not allowed within 50 feet of wetlands, and that the patio and the related impervious structures, as shown on the"Existing Conditions..." plan, shall be removed. The Conservation Administrator shall issue an Enforcement Order to Steven and Rosita Brailovsky Fine, mandating removal from the 50 foot buffer zone of the patio and other impervious structures not shown on the approved site plan*, within three months of this date. The Conservation Administrator shall then give direction to the owners as to appropriate vegetation*to plant in areas of structure(s) removal. The reconstructed driveway portion in the 100 foot buffer zone will be allowed through amending the approved site plan as a minor modification. *List of documents submitted and discussed: 1. Approved Plan,Order of Conditions SE 9-1505,"Site and Sewage Plan 123 The Channel,Felco,Inc.", 9/9/12 2. "Existing Conditions Plan at 128 The Channel Way Prepared by Cape Surv"10/16/12 3. December 4,2012 Conservation Commission minutes 4. 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 Requests for Administrative Review 1. Bruce Riley, Installation of three air conditioning units within 50 feet of coastal wetlands,261 Linnell Landing Road, 103/13(9/1). 2. Andrew Rigo, 550 Crowell's' Bog Road, 72/35 formerly 41/8-5, removal of downed pine trees,trimming of oak branches within 50 feet of inland wetlands 3. Richard Wolf, 33 Bantry Lane,68/20 (formerly 5/222); pruning of eight trees for vista within 50 feet of resource areas The Conservation Administrator reviewed the above projects. He believed all meet provisions for activities under the mechanism of Administrative Review. Following discussion, Bruce Evans moved, William Klein seconded the motion to ratify the Administrative Review approvals. Approved Unanimously. 4. Jeff Eldredge,24 Eldredge Farm Cartway,19/46(formerly 51/20),changes to farm plan (The applicant did not submit information required to act on the request) Brewster Conservation Commission Minutes. January 22, 2013 2 s t Review and Approval of Minutes 1. January 8, 2013 Postponed Discussions/Report of the Conservation Administrator Advertising and scheduling continued public hearings The Conservation Commission discussed the above subject. The Conservation Commission has at times required public hearing continuances under the ACT and BWP By-law to be advertised. Following discussion, the Commission consensus was as follows: 1. Advertising continued hearings is not required under the WPA 10.05 or the open meeting law, M.G.L.c.39, §23B. Under the WPA, public hearings must be continued to a date certain announced at the hearing (*see below for exception). Thus, the public has knowledge of the continued date. Therefore, the Conservation Commission shall not advertise continued public hearings from this time forward. *WPA 310 CMR 10.05(5)public hearings may be continued... "3.with the consent of the applicant for a period not to exceed 21 days after the submission of a specified piece of Information or the occurrence of a specified action.The date.time and olace of said continued hearing shall be publicized in accordance with M.G.L.c. 131,§40,and notice shall be sent to any person at the hearing who so requests in writing." 2. When the Conservation Commission requests additional information from the applicant, the Commission shall in most cases continue the public hearing forward two scheduled public meetings. 3. When a public hearing is closed to public testimony and continued only to allow staff to draft special conditions under the BWP By-law, the hearing shall be continued to the next scheduled public meeting. The Conservation Commission shall set the above as a written policy(draft to be reviewed for adoption by the Commission), later to be considered as part of the BWP By-law and/or its accompanying regulations. Any Topics not reasonably anticipated by the Conservation Commission Chairman Chris Miller, Director of Natural Resources/James Gallagher, Conservation Administrator Mr. Miller updated the Conservation Commission on the dam construction project*at the Stony Brook Mill Site, stating that AmeriCorps volunteers have been working with Mr. Gallagher and him, removing trees, etc. necessary to carry out this project. His department and the AmeriCorps workers are also engaged in wildlife habitat management at various conservation areas in town, and preparing for fire management at some. They are also planting beach grass at various town landings. *Documents discussed: Order of Conditions SE 9-1544,830 Stony Brook Road, 35/47(formerly 36/21) Administrator Gallagher reported he has been working with the Brewster Department of Public Works to widen a 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), as approved by the Conservation Commission at its meeting of January 8, 2012. Mr. Gallagher informed the Commission that Robert Marash has submitted a request for a Certificate of Compliance for Order of Conditions SE 9-1474, on 83 Sheep Pond Circle, 73/14 (formerly 41/85). This will be before the Commission at the meeting of February 5, 2013.A Brewster Conservation Commission Minutes. January 22, 2013 3 component of the Order of Conditions is required mitigation for enforcement action for removing vegetation on an inland bank, and the plantings have not grown to the extent required to protect the resource area. He suggested the Commission visit the site in its decision on granting a Certificate of Compliance, or otherwise be prepared to consider whether to issue a Certificate of { Compliance, and the best means possible of ensuring the wetland is restored. Jon Romano moved, Michael Tobin seconded the motion to adjourn the meeting. The meeting adjourned at 8:00 PM. Carol Spade Among the list of documents*for this meeting is the following: 1. Administrative Report of the Conservation Administrator dated January 22,2013 2. Meeting Audio Recording Video Recording Brewster Conservation Commission Minutes. January 22, 2013 4