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Home My Public Portal AboutConservation Commission -- 2013-05-08 Minutes Brewster Conservation Commission Minutes—Meeting Under MA General Laws Chapter 40, Section 8C, '13 JUL26 3:491 Massachusetts General Law Ch. 131, §40, Wetlands Protection Act(WPA), 310 CMR 10.00 Regulations Massachusetts Department of Environmental Protection (MA DEP) BREWSTER TOWN CLERK And Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection By-law(BWP By-law) Wetland Regulations 1.01 —8.01 Call to Order Chairman Stephen McKenna called to order the Wednesday, May 8, 2013 meeting of the Brewster Conservation Commission at 6:00 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, Hayley Winfield, Alternate Member Shana Brogan, Conservation Administrator James Gallagher, Natural Resources Director Chris Miller, Senior Department Assistant Carol Spade Not Present Commissioner Paul Wightman, 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." Citizen Sharon Blair informed Mr. McKenna that she is video recording the meeting. In accordance with Chapter 79 of the Acts of 2006, "An Act Further Regulating Meetings of Municipal Boards"which amends Massachusetts General Laws Chapter 39, Section 23D, Commissioner Hayley Winfield signed a"Certification of Review of Hearing Transcript"stating she thoroughly examined all evidence received at the Public Hearing of March 19,2013,the only testimonial hearing she did not attend. Examination of evidence included visiting the site of the subject hearing on or before May 1,2013, reviewing the minutes of the hearing of March 19,2013 and reviewing all evidence received prior to said hearing. Deliberation and Decision by the Conservation Commission on Wetland Notice of Intent: Robert Newman, Ocean Edge Resort Limited Partnership, proposes to construct two seasonal docks, an observation deck and recreational area on Blueberry Pond, at Ocean Edge; Blueberry Pond at Britterige Village, Assessor's Map 89, Parcel 1-3358(formerly 27/39). Eligible voters:McKenna,Klein,Romano,Tobin,Winfield The Commission discussed the proposal in project segments as to whether it meets Performance Standards under the Massachusetts Wetlands Protection Act and Wetland Regulations 310 CMR for the interests Inland Bank, 10.54(4), Bordering Vegetated Wetlands, 10.55(4) and Land Under Water Bodies and Waterways, 10.56(4)* and Brewster Wetlands Protection Bylaw and Wetlands Regulations for the interests of Inland Banks, 3.01(3)&(4), Vegetated Wetlands, 3.02(3)&(4) and Land Under Water Bodies, 3.03 (3)&(4)*; as follows: 1. "Area 1 and Area 2": Recreation Areas/Viewing Platforms Brewster Conservation Commission Minutes. May 8, 2013 1 Following discussion, including detail on the size of the proposed viewing platforms and any resulting potential impacts, the Commission consensually agreed the viewing platforms and recreation areas meet performance standards of the two wetland laws. Under the BWP By-law, both are outside the 50 foot buffer zones of wetlands. 2. "Area 1 and Area 2": Elevated Walkways Discussion first centered on the need for two elevated walkways. The Regulations do not prohibit the passive recreational use of walking in the resource areas. The Commission consensually agreed the two walkways have little impact, as they are to be constructed on pilings, over existing vegetation in the bordering vegetated wetlands and buffer zones, which will not require removal or mitigation. The structures preclude human activity on the inland bank and shoreline and meet both the performance standards under the ACT and BWP Bylaw, and the variance criteria of the BWP By-law. 3. "Area 1 and Area 2": Docks The Commission acknowledged that the applicants proposed management plan* limits the dock use to a maximum capacity of 30 people, and the Conservation Commission has the legal authority to revoke the Order of Conditions if recreational activity on the docks is in violation of the n mans em l management The Commission believed the removable docks, designed so they will not impact the pond bottom and will allow water circulation, meet the performance standards under the ACT and BWP By-law and the variance criteria of the BWP By-law. The Commission discussed the passive uses of swimming and small, non-motorized boats linked to the dock usage, and agreed that these uses will not adversely affect the water quality in the pond. Further discussion occurred on the potential for the applicant to request additional docks in the future under the wetland laws. 4. "Area 2": Pruning/Invasive Species Removal The applicant pp cant proposes to remove Invasive species in the view corridor of Area 2", in the 50 foot buffer zone, and to plant native species in the 50 foot buffer zone as mitigation. The Commission believed these native shrubs will prevent recreational use of this area by default, and this component of the project meets the erformance standards under the e ACT and BWP Bylaw and the variance criteria of the BWP By-law. 5. Construction Impacts The Commission believed the construction procedures contained in the Notice of Intent can be conditioned in the Order of Conditions to address adverse impacts and meet the p e performance standards under the ACT and BWP By-law and the variance criteria of the BWP By-law. 6. 7.01 BWP By-law: Aesthetics* Following discussion,on the Conservation Commission consensually agreed reed tha tt the height, scale, dimensions and design of the proposed project will not alter or diminish the natural beauty and appearance of resource areas visible to the public. Hayley Winfield moved, Michael Tobin seconded the motion to approve the project, review special conditions for the project on May 14, 2013, and issue an Order of Conditions within 21 days of April 30, 2013. The motion was Approved Unanimously by eligible members William Klein, Jon Romano, Michael Tobin, Hayley Winfield and Stephen McKenna.. *List of documents submitted for the project and discussed 1. Notice of Intent for Ocean Edge-Blueberry Pond at Britterige Village 2. "Site Plans Ocean Edge-Blueberry Pond Sheets 1-3,John M.O'Reilly...,revised 4/22/13" Brewster Conservation Commission Minutes. May 8, 2013 2 a. John M.O'Reilly...Memorandum Re:Addendum#2 Proposed Docks&Recreation Areas- Blueberry Pond...DEP SE 9-1570 4/22/13 to Brew.Cons.Comm. 1.)two page management plan Massachusetts Wetlands Protection Act and Wetland Regulations 310 CMR: Inland Bank,10.54(4), Bordering Vegetated Wetlands,10.55(4),Land Under Water Bodies and Waterways,10.56(4) Brewster Wetlands Protection Bylaw and Wetlands Regulations: Inland Banks,3.01(3)&(4),Vegetated Wetlands,3.02(3)&(4), Land Under Water Bodies,3.03(3)&(4) 7.01 BWP By-law:Aesthetics* Request for Certificates of Compliance 1. Town of Brewster/Charles Sumner, Order of Conditions SE 9-1480, Route 6A, 6/43, 37/95, 37/93, 37/92 (formerly 1/1, 20/26-3, 27, 30), Stony Brook Culvert Following the recommendation of the Conservation Administrator that the project complies with the Order of Conditions, Jon Romano moved, Hayley Winfield seconded the motion to approve the above referenced Certificate of Compliance under the MA ACT and BWP By-law. Approved Unanimously. Request for Administrative Review 1. Winslow Landing Association, replacement of a beach walkway with an aluminum removable ramp, on 0 Winslow Landing Road, 91/2 (formerly 7/1) The Conservation Administrator believed the above referenced project meets all provisions for an activity under the mechanism of Administrative Review. Following discussion, Hayley Winfield moved, Jon Romano seconded the motion to ratify the Administrative Review approval. Approved Unanimously. Violation: Enforcement Order Ratification 1. Owner, Caritas Unlimited LLC, 232 Robbins Hill Road, 38/88 (formerly 2/17), deck construction Michael Tobin moved, Jon Romano seconded the motion to ratify the above captioned enforcement Order. The motion was Approved Unanimously. Discussion/Report of the Conservation Administrator Amended Order of Conditions Preliminary Discussion under MA DEP DWW Policy 85-4 Barber Order of Conditions SE 9-1562, 197 Linnell Landing Road, 103/2 (formerly 9/49), construction of an addition to an existing dwelling and a paved driveway, and installation of a new septic system within 100 feet of a bordering vegetated wetland -Request for Commission to determine whether purpose or scope of new proposal - removal and management of invasive species and planting native shrub species -has not substantially changed and/or increased... such that project can be reviewed as an amendment Following discussion, the Commission consensually agreed to entertain a request for an amendment to the above referenced Order of Conditions, contingent on the applicant's submittal of all documentation in compliance with the above DEP policy, and abutter notification for a public hearing under the BWP By-law. Any Topics not reasonably anticipated by the Conservation Commission Chairman Request for Administrative Review 1. (Gisele Gauthier, 19 Leona Terrace,76/46 (formerly 26/76-2) removal of two trees The Conservation Administrator believed the above referenced project meets all provisions for activities under the mechanism of Administrative Review. Following discussion, Hayley Winfield moved, Jon Romano seconded the motion to ratify the Administrative Review approval. Approved Unanimously. Violations The Conservation Administrator described unauthorized activities as, captioned below Brewster Conservation Commission Minutes. May 8, 2013 3 1. 740 Lower Road, 57157 (formerly 17161)construction of patio within 50 feet of wetlands Hayley Winfield moved, Jon Romano seconded the motion to issue an Enforcement Order and require the property owner to attend a Show Cause Hearing on May 28, 2013. The motion was Approved Unanimously. 2. 133 Millstone Road, 101179(formerly 2818)filing isolated vegetated wetland; possibly a vernal pool Enforcement Order: William Klein moved, Bruce Evans seconded the motion to issue an Enforcement Order and require the property owner to attend a Show Cause Hearing on May 28, 2013. The motion was Approved Unanimously. William Klein moved, Hayley Winfield seconded the motion to adjourn the meeting. The meeting adjourned at 6:55 PM. Carol Spade Among the list of documents*for this meeting are the following: Meeting audio recording,and video recording,Town of Brewster Website http://town.brewster.ma.us Brewster Conservation Commission Minutes. May 8, 2013 4