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Home My Public Portal AboutConservation Commission -- 2013-06-04 Minutes Brewster Conservation Commission Minutes—Meeting Under MA General Laws Chapter 40, Section 8C, 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) Wetland Regulations 1.01 —8.01 Call to Order Chairman Stephen McKenna called to order the Tuesday, June 4, 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, Paul Wightman, Alternate Member Shana Brogan, Conservation Administrator James { Gallagher, Natural Resources Director Chris Miller, Senior Department Assistant Carol Spade Not Present Commissioners Michael Tobin, Hayley Winfield, 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." Discussion *Town owned land under the care, custody and control of the Brewster Conservation Commission under MA General Laws Chapter 40, Section 8C—request for approval by the Conservation Commission,for creation of a recreation area for people and off-leash dogs - land fronting Long Pond Road (Route 137)and Brewster Road, Assessors' Map 56, Parcel 62(formerly 25/41). The proponent requested that this request for approval by the Conservation Commission for creation of a recreation area for people and off-leash dogs be officially withdrawn without prejudice. William Klein moved, Jon Romano seconded the motion to approve officially, withdrawal without prejudice, of this request for approval of a recreation area for people and off- leash dogs. The motion was approved unanimously by Commissioners Bruce Evans, William Klein,Jon Romano, Paul Wightman and Stephen McKenna. Citizens' Forum Citizens Stephanie Hutchinson, Susan Eldredge and Susan Pierce attended. Ms. Pierce submitted a petition*at this time, documenting citizen opposition to the (formerly proposed) recreation/dog park on Route 137 and Brewster Road*. She stated this is her second meeting attempt to submit a petition for the file record. Mr. McKenna explained it is best to submit documents directly to the department staff. All of the attendees requested clarification and proof of the Commission's vote to withdraw the above proposal. Chairman McKenna stated that as the vote succinctly explains, the Commission officially approved withdrawal of the proponent's request for a recreation area for people and off-leash dogs on land fronting Long Pond Road (Route 137) and Brewster Road, Assessors' Map 56, Brewster Conservation Commission Minutes. June 4, 2013 1 Parcel 62 (formerly 25/41). Proof of this vote will be reflected in the Conservation Commission minutes for June 4, 2013. *Documents Submitted Petition...We the undersigned,are opposed to the proposed dog park...off 137 and Brewster Road... Public Hearing (Continued Hearing) Daniel J. Leffell and Julie Domonkos propose to remove an existing single family dwelling and construct a new dwelling on pilings within 50 feet of a coastal dune, on 16 Nancy May Path,91/14-799 (formerly 7/11-2). Eligible voters:Klein,Romano,Tobin,Wightman,(hearing opened on May 14,2013,continued to May 28 (testimony taken for both) As there was no Commissioners quorum eligible to vote on this project, Jon Romano moved, William Klein seconded the motion to continue the hearing to June 18, 2013. The motion was approved unanimously. Show Cause HearingsNiolations 1. Caritas Unlimited; unauthorized alterations including construction of a deck in a coastal resource area, 232 Robbins Hill Road, 38/88 (formerly 2/17) The owner of the above referenced property requested a continuance of this hearing to June 18. Paul Wightman moved, Jon Romano seconded the motion to continue this show cause hearing to June 18, 2013. The motion was approved unanimously. 2. Chris Smith; unauthorized installation of a patio within 50 feet of wetland resource areas,740 Lower Road, 57/57(formerly 17/61) The owner of the above referenced property requested a continuance of this hearing to June 18. Jon Romano moved, William Klein seconded the motion to continue this show cause hearing to June 18, 2013. The motion was approved unanimously. 3. Joseph and Donna Potts, Amended Order of Conditions SE 9-1552 for reconstruction of single family dwelling: disturbance of drainage pipe flooding dwelling foundation hole within 100 feet of wetland resources, 155 Lower Road, 37/40 (formerly 19/76) • Ratification of Enforcement Order issued on May 29, 2013 On May 28*, following a report of the Conservation Administrator of pumping and discharging floodwaters into wetland resource areas with no filtration after requests to discontinue the activity, the Conservation Commission consensually directed the Conservation Administrator to issue an Enforcement Order to the property owners, mandating that they cease and desist backfilling the dwelling foundation and appear before the Conservation Commission for a show cause hearing. Contractor Matthew Teague, Reef Realty, Inc., and Matt Farrell, J. M. O'Reilly, Inc. represented the property owners. Displaying a copy of the approved plan*for Order of Conditions SE 9-1552, and a video*taken on this day, Mr. Teague explained the reasons he believes the source of the flooding is not an existing drainage pipe but high groundwater. Mr. Farrell and Mr. Teague described filtering mechanisms the building company proposes to set in place to mitigate for wetland disturbances, and requested that workers be allowed to resume backfilling the dwelling foundation. Following discussion on the huge extent of water observed in submitted photos*, Jon Romano moved, Paul Wightman seconded the motion to rescind the cease and desist enforcement order so workers may backfill the foundation. The motion was approved unanimously. *Documents Discussed 1. Joseoph and Diana Potts Site Plan...11/13/12, Brewster Conservation Commission Minutes. June 4, 2013 2 2. Https://www.droobox.com/s/ean0wrrm 1 oi07a2/201330604 165333.mp4(film);link sent to the Conservation Department by electronic mail on 6/4/13 3. Photos(3)dated May 6,2013 showing flooding at 155 Lower Road, Requests for Administrative Review 1. Lucretia Hickok, removal of storm affected tree, 21 Fisher Point Road, 19/26 (formerly 51/55) 2. Donald and Kathryne Kornack,fence construction, 198 Canoe Pond Drive, 23/55(formerly 36/222) The Conservation Administrator believed the above referenced projects meet all provisions for activities under the mechanism of Administrative Review. Following review and discussion, Paul Wightman moved, Jon Romano seconded the motion to approve the projects. The motion was approved unanimously. Review and Approval of Minutes 1. April 2, 2013 Following review, Paul Wightman moved, Jon Romano seconded the motion to approve the above referenced minutes as written. The motion was approved unanimously. 2. April 2, 2013 Executive Session Following review, Jon Romano moved, William Klein seconded the motion to approve the above referenced minutes as written. The motion was approved unanimously. Discussions/Report of the Conservation Administrator Any Topics not reasonably anticipated by the Conservation Commission Chairman 1. Natural Resources Director Miller informed the board that volunteers are beginning work on a new stairway to the coastal beach at the Spruce Hill Conservation Area (3171 Main Street, 102/16, a.k.a. 8/9, Order of Conditions SE 9-1554 issued by the Conservation Commission on 6/14/12). 2. Work is also underway for construction of a culvert at Paine's Creek, (38/10, a.k.a. 1/6, Order of Conditions SE 9-1534 issued by the Conservation Commission on 11/18/11). At 7:30 PM, Paul Wightman moved, Jon Romano seconded the motion to adjourn the meeting. The motion was approved unanimously. The meeting adjourned at 7:30 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 '13 S 1 3:19F BRE415TE TOWN CLERK Brewster Conservation Commission Minutes. June 4, 2013 3