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HomeMy Public PortalAboutConservation Commission -- 2013-09-17 Minutes 1: 1 [ti 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 121 :t 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 Paul Wightman convened the Tuesday, September 17, 2013 meeting of the Brewster Conservation Commission at 6:30 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present Chairman Paul Wightman, 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, Administrative Assistant Carol Spade Not Present Commissioner Stephen McKenna Chairman Wightman 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* recorded. Anyone else intending to record is required to inform the Chairman prior to the meeting." Requests for Administrative Review 1. Margaret Sonnenberg, 18 Cranberry Lane, 137/71 (formerly 31/99), removal of pitch pines 2. James Boyle, 70 Run Hill Road, 35/39 (formerly 36/102), removal/cutting of fallen tree The Conservation Administrator believed the above referenced projects meet parameters for activities under the Commission's Administrative Review process. Following discussion, Jon Romano moved, William Klein seconded the motion to approve the projects. The motion was approved unanimously. 3. Marile Marshall, 220 Mount Pleasant Road, 75/40 (formerly 34/33-17)tree removal The Commission postponed action on this request to the meeting of September 24, 2013. Any Topics not reasonably anticipated by the Conservation Commission Chairman/ Discussions/Report of the Conservation Administrator Mr. Gallagher requested the Commission advise him on an existing Order of Conditions containing an ongoing condition allowing the applicant to apply sand to a beach. The applicant has yet to request the required Certificate of Compliance for this Order of Conditions issued in 1996. The Commission consensually agreed that in this case the proponent may file a Request for Determination, for authorization under the WPA and BWP By-law, to apply sand to a previously altered beach. 1. Discussion of Brewster Wetland Protection By-law(BWP By-law) revisions* Discussion Summary Brewster Conservation Commission Minutes. September 17, 2013 1 The Commission and staff reviewed the above proposed revisions to the BWP By- law, as prepared by Conservation Administrator Gallagher and consultants in previous years. Mr. Gallagher noted that in Section 172-1, Purpose, wetland values, eight of the sixteen interests are protected under the WPA. The remaining eight are exclusive to the BWP By-law, including a proposed interest, (7) Protection from sea level rise. The Commission discussed and reviewed the performance standards of(15)the (BWP By-law)aesthetics interest, at length, noting that it is specific that under 7.01 General Regulations for Aesthetic Interests in all Resource Areas, (BWP By-law) Wetland Regulations,the project shall not alter or diminish the natural beauty and appearance of a resource area visible to the public. The Commission consensually agreed to all of the language in this section. Under Section 172.2, Applicability/Jurisdiction, (4), Upon or within two hundred (200)feet known as the Riverfront Area of any perennial stream, brook or creek, is a protected resource area under the WPA. This resource area will be protected under the BWP with these revisions. (6) Land subject to flooding has a protective 100 and 50 foot buffer zone. The text of the BWP Regulations will be amended to be consistent with the BWP By-law. The Commission consensually agreed to all of the language in this section. Under Section 172-3, Exemptions, the Commission discussed the agricultural provisions specific to A and B and agreed on the language as revised. Revisions to D, emergency provisions, allows the Conservation Commission to declare an emergency if the Town of Brewster is affected by a storm, and exempts the Town of Brewster from emergency provisions if a state-wide emergency is declared, but the conditions do not exist in the Town of Brewster. The Commission consensually agreed to the revision that the Conservation Administrator or representative of the Conservation Commission shall declare an emergency. The Conservation Commission will draft emergency application forms under the BWP By-law for appropriate projects. Section 172-4 Applications and Fees The Commission consensually agreed to revised subsection A(3), which allows applicants to file certain wetland applications and B (3), promulgating expert consultant fees at the applicants' expense, for protection of resource areas. Section 172-5—Notice and Hearing The Commission consensually agreed to include abutter notification language in this section. Section 172-7 Action by the Commission: Permits and Conditions A Action by the Commission. The Commission will add language to protect jurisdictional areas from cumulative impacts resulting from past activities and foreseeable future activities. A (1)The Commission discussed including ongoing conditions in Certificates of Compliance, for specific activities only. Town Counsel will advise the Commission on this decision, to ensure protection of resource areas. Brewster Conservation Commission Minutes. September 17, 2013 2 Section 172-8. Promulgation of Regulations The Commission eliminated a paragraph under Permits and Conditions (1). Section 172-8 Definitions Bank: The definition shall be consistent with the WPA. Isolated Vegetated Wetland: The definition shall remain as drafted. Vernal Pool: No specific size shall be set for vernal pools. Pond: No decision on pond size was reached at this time, as further research is needed. Section 172-11 Enforcement: Violation and Penalties The Conservation Administrator will further research information on violation fees. Section 172-12 Burden of Proof: Section 172-13 Appeals, Relation to Wetland Protection Act The Commission agreed to the language as proposed. Mr. Gallagher will work to revise this document for review before the Commission on September 24, 2013. Town Counsel will ultimately review amendments to the BWP By-law before submittal to Town Meeting for review. Discussion on revisions to regulations under BWP By-law Discussion on Conservation Commission Policies The Commission postponed these discussions. Discussion on Citizens' Petition*for amendment to BWP By-law William Henchy Sr. met with the Commission. He described a series of events which led him to become the proponent of the above captioned citizens' petition. He introduced the petition, which states that the Conservation Commission has the authority under the BWP By-law to issue Orders of Conditions specifying the terms and conditions for operating docks, for protection of the interests. Summary of Staff/Conservation Commission Comments The Commission discussed the petition with Mr. Henchy, and concerns and potential legal impediments regarding the language of the proposal, and the possibility of promulgating the Commission's policy on docks as a Wetland Regulation under the BWP By-Law. The Commission consensually agreed to schedule this as an agenda Discussion and Vote item for the meeting of September 24, 2013. Document*submitted:Article No. Wetlands Protective By-law—Docks To see if the Town will vote to amend the Wetlands Protection By-law, Chapter 172-2,of the Brewster Town Code by adding the following text:... At 8:45 PM, Michael Tobin moved, Bruce Evans seconded the motion to adjourn the meeting. The motion was approved unanimously. The meeting adjourned at 8:45 PM. Carol Spade Among the list of documents*for this meeting is the following: Meeting audio recording Brewster Conservation Commission Minutes. September 17, 2013 3