HomeMy Public PortalAboutConservation Commission -- 2013-10-22 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 l'
Call to Order
Chairman Paul Wightman convened the Tuesday, October 22, 2013 meeting of the Brewster
Conservation Commission at 7:00 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, Paul Wightman, Hayley Winfield, Conservation Administrator James
Gallagher, Natural Resources Director Chris Miller, Administrative Assistant Carol Spade
Not Present
Commissioner Stephen McKenna, Alternate Member Shana Brogan
Chairman Wightman read the following into the record:
"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
Request for Determinations of Conservation Commission jurisdiction:
Bruce Harrington and Jeanette Call request determinations as to whether the area and
work referenced on submitted plans—construction of a two story garage addition over an
impervious surface and removal of a shed within wetland vicinity -are subject to the
jurisdiction of the ACT or WP By-law-property on 100 Lee Way, Assessors' Map 4, Parcel
31 (formerly 37/11-1).
Summary of Applicant Testimony
Bruce Harrington and Jeanette Call represented themselves. Ms. Call described the project as
contained in the application*and accompanying sketched plan*. The applicants requested
determinations as required under the WP ACT and BWP By-law, as the project area is within
approximately 70 feet of a wetland.
Summary of Staff Comments
Mr. Gallagher explained his visit to the site, stating that the project is as described.
Mr. Gallagher stressed (as shown in photos in the Administrative Report) that during his visit, he
discovered that many truckloads of wood chips have been applied in the buffer zone and the
wetland, down to the edge of the pond on the property and the Conservation Commission must
determine whether to require this disturbed area be revegetated.
He suggested the applicants address the Commission on this activity at this time.
Mr. Harrington stated the area of application was cleared of trees and vegetation before they
purchased their home. He stated he"cleaned up" the area, removing poison ivy and other
Brewster Conservation Commission Minutes. October 22, 2013 1
vegetation, resurfaced it, and applied the truckloads of wood chips he obtained from a neighbor
who had cut and chipped pine trees on his/her property.
Summary of Conservation Commission Comments
Mr. Evans inquired as to the width of the area of wood chips, stating that the Conservation
Commission permits paths within 100 feet of wetlands up to four feet wide. As Mr. Harrington
stated he believes the affected area is about six feet wide, varying in places, Mr. Evans
responded he does not believe the activity affects adversely, any of the interests of the
environmental laws, such as pollution or wildlife habitat.
However, Mr. Wightman informed the owners that they altered a bordering vegetated wetland and
its buffer zone, important as wildlife habitat and significant to other environmental interests. He
and Mr. Tobin directed the owners to engage in no further activity within 100 feet of a wetland
without contacting the Conservation Administrator for advice on the level of required filing, prior to
doing so.
Summary of Public Comments
There was no public comment.
Hayley Winfield moved, Jon Romano seconded the motion to close the public hearing and issue
determinations, for the garage addition, as shown:
Positive Determination
2b.The boundaries of resource areas...are 2 confirmed by this Determination, regardless of whether
such boundaries are contained on the plans attached to the Determination or to the Request for
Determination
Negative Determination
3.The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not
alter an Area subject to protection under the Act. Therefore,said work does not require the filing of a
Notice of Intent, subject to the following conditions (if any).
6.The area and/or work described in the Request is not subject to review and approval by Town of
Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection By-law.
The motion was approved unanimously by Vice Chairman Bruce Evans, Commissioners
William Klein, Jon Romano, Michael Tobin, Paul Wightman, Hayley Winfield and Chairman Paul
Wightman.
*List of documents submitted for the project and discussed at this hearing
1. Request for Determination...for Bruce Harrington and Jeanette Call
2. Proposed 16 x 22 foot Garage Addition on 100 Lee Way(sketch on plan by owner)
Notices of intent
(Continued Hearing)John F. and Christine M. O'Riordan propose to upgrade an existing
septic system within 100 feet of a bordering vegetated wetland, on 566 Lower Road,
Assessors' Map 49, Parcel 136(formerly 18122-1).
Eligible voters: Evans,Klein,McKenna, Romano,Tobin,Wightman Hearing opened on September 10,2013(no
testimony),continued to September 24(testimony taken).
The hearing of September 24 was continued to this date to allow staff to draft findings and special
conditions for the project.
Mr. Gallagher stated that upon final review of the submitted plan, he noticed that the project is
located within Wetlands Conservancy Soils—Deerfield Loamy Fine Sand. This should be noted on
the plan, as required by the Brewster Board of Health. He requested the plan be revised to that
effect.
Following review of draft conditions, Bruce Evans moved,William Klein seconded the motion to
close the hearing, approve the project with special conditions as amended, and issue an Order of
Conditions, based on a revised site plan showing the conservancy soil information. The motion was
Brewster Conservation Commission Minutes. October 22, 2013 2
approved unanimously by Commissioners Bruce Evans,William Klein,Jon Romano,
Michael Tobin and Paul Wightman.
(Continued Hearing) Robert P. and Susan P. Schechter propose to construct
biodegradable coir envelope shorefront protection at the toe of a coastal bank, nourish the
coastal bank with sand and native coastal plants, and replace an existing sand drift fence
in-kind, on 257 Crocker Lane, Assessors' Map 69, Parcel 4 (formerly 51203).
Eligible voters:Evans,Klein,McKenna, Romano,Tobin,Wightman(hearing opened September 24(testimony
taken.
The hearing of September 24, 2013 was continued to this date to allow the proponent to submit the
following:
1. A letter from the westerly abutting property owner, acknowledging full understanding and
approval of Robert and Susan Schechter's coastal structure as shown on the plan*.
2. Revised plan showing the proposed"modified drift fence"with each fence slat bolted all of
the way through the wood, for protection of wetland interests.
-And for review the Conservation Administrator's draft special conditions.
Summary of Applicant Testimony
Jay Norton, Coastal Engineering, Inc., represented the applicants.
In response to the Commission's request for a letter from the westerly abutting property owner
acknowledging the above, Mr. Norton submitted at this time, an electronic mail message*to Mr.
Norton from westerly abutter Madeline Plansky, stating she has no objection to the project as
long as it will not subject her to any costs.
Additionally, on October 8, 2013, the Conservation Department received a letter from Roger V.
O'Day, representing Lisa C. LaBrecque, owner of"Lot 46" directly north of the subject property.
Attorney O'Day stated that Lisa LaBrecque objects to any work located on her property.
Mr. Norton explained that in response to that letter, Coastal Engineering revised the plan*to
show all work removed from Lisa LaBrecque's property, and submitted the revised plan to Mr.
O'Day. He received an electronic message*dated October 21, 2013 from Roger O'Day, stating
as the revised plans show no work on his client's property, she...is neither in favor of nor
opposed to the filing and leaves any decision to the Commission.
Also, in response to a request from Mr. Gallagher, at this time Mr. Norton submitted a detail
sheet*from the manufacturer of coir matting, showing all components of the matting as
biodegradable.
Mr. Gallagher reviewed draft special conditions for this project. The Commission discussed
revisions.
Summary of Public Comments
Citizen Henry Hayes stated he believed allowing property owners to transport sand and
equipment from town landings for such projects adversely impacts resource areas on town
properties. He inquired as to the reason the Conservation Commission does not require sand to
be transported through the owners' properties.
Mr. Gallagher responded his experience has shown that while sand transport is site specific, as
some properties are located far from town landings, in many cases the steep coastal banks and
buffer zones on applicants' properties are more at risk of vegetation disturbance and erosion from
sand transport than are the resource areas at town landings and approaching the project area.
In cases in which the Commission allows transport from town landings, a special condition is in
place in Orders of Conditions, mandating applicants submit funds to the Town of Brewster before
the projects(and maintenance) commence, to ensure the protection of resource areas. The
Brewster Conservation Commission Minutes. October 22, 2013 3
funds are returned to the applicant upon issuance of a Certificate of Compliance for the project if
no damage occurs.
The Commission recommended Mr. Hayes approach the Board of Selectmen as to his concerns
over damage to the town landings themselves, as Brewster's town landings are under legal care,
custody and control of the Board of Selectmen..
Following special condition review, Jon Romano moved, Hayley Winfield seconded the motion to
close the hearing, approve the project with special conditions as amended, and issue an Order of
Conditions. The motion was approved unanimously by Commissioners Bruce Evans,
William Klein, Stephen McKenna,Jon Romano, Michael Tobin and Paul Wightman. Hayley
Winfield abstained.
*List of documents submitted for the project and discussed at this hearing
1. Coastal Engineering Company,Inc.,electronic mall message from Madeline Plansky,10/1/13
2. October 7,2013 letter from Roger V.O'Day,regarding NOI Applications Crocker Lane Shorefront
Protection
3. "Robert P.and Susan P Schechter 257 Crocker Lane Plan Showing Proposed Shorefront Protection,
revised 10/11/13,Coastal Engineering Co.
4. 10/21,2013 electronic mall message to C,Spade,J.Norton...from Roger O'Day
5. RoLanka international,Inc.CoirMap 900
(Continued Hearing) Kerlin Crocker Lane Realty Trust proposes to construct
biodegradable coir envelope shorefront protection at the toe of a coastal bank, nourish the
coastal bank with sand and native coastal plants, and replace an existing sand drift fence
with a modified drift fence, on 217 Crocker Lane,Assessors' Map 69, Parcel 1 (formerly
51206). Eligible voters:All.Hearing opened October 8,2013(no testimony).
The project is not located on the MA Natural Heritage and Endangered Species Map as an area
of rare plant and wildlife habitat and rare wetlands wildlife.
Summary of Applicant Testimony
Jay Norton, Coastal Engineering, Inc., represented the applicant. Displaying the accompanying
Notice of Intent site plan*, and MA DEP Wetlands Change Map**, he described the project as
identical to the coir envelope shorefront protection Notice of Intent for Robert and Susan
Schechter on 257 Crocker Lane.
On October 8, 2013, the Conservation Department received a letter from Roger V. O'Day,
representing Lisa C. LaBrecque, owner of"Lot 46" directly north and west of the subject property.
Attorney O'Day stated Lisa LaBrecque objects to any work located on her property.
In response to that letter, Coastal Engineering revised the plan*to show all work removed from
Lisa LaBrecque's property, and received an electronic message dated October 21, 2013 from
Roger O'Day, stating as the revised plans snow no work on his client's property, she...is neither
in favor nor opposed to the filing and leaves any decision to the Conservation Commission.
Summary of Staff/Conservation Commission Comments
As the Conservation Administrator could not confirm the resource area delineation as coastal
bank without further evaluation from the applicant, the Conservation Commission consensually
did not confirm accuracy of the resource areas as shown on the site plan.
The Commission consensually agreed the project meets performance standards for both coastal
dune and coastal bank under the WPA and BWP By-law.
Summary of Public Comments
There was no public comment.
Brewster Conservation Commission Minutes. October 22, 2013 4
Jon Romano moved, Hayley Winfield seconded the motion to continue the hearing to November
8, 2013, to allow the Conservation Administrator to draft special conditions. The motion was
approved unanimously.
*List of documents submitted for the project and discussed at this hearing
1. Notice of Intent for Kerlin Crocker Lane RT
a.William H.Kerlin Jr.217 Crocker Lane Plan Showing Proposed Shorefront Protection,revised
10/11/13 Coastal Engineering Co.
2.October 21,2013 electronic mail message to C,Spade,J. Norton...from Roger O'Day
3.**Note:The applicant did not submit a copy of the MA DEP Wetlands Change Map for the project file.
(Continued Hearing) Malcolm and Marjorie Brodrick propose to construct biodegradable
coir envelope shorefront protection at the toe of a coastal bank, nourish the coastal bank
with sand and native coastal plants, and replace an existing sand drift fence with a
modified drift fence, on 237 Crocker Lane, Assessors' Map 69, Parcel 2 (formerly 5/205).
Eligible voters:All. Hearing opened October 8,2013(no testimony).
The project is not located on the MA Natural Heritage and Endangered Species Map as an area
of rare plant and wildlife habitat and rare wetlands wildlife.
Summary of Applicant Testimony
Jay Norton, Coastal Engineering, Inc., represented the applicant. Displaying the accompanying
site plan*, and MA DEP Wetlands Change Map, he described the project as identical to the coir
envelope shorefront protection Notice of Intent for Robert and Susan Schechter on 257 Crocker
Lane.
On October 8, 2013, the Conservation Department received a letter from Roger V. O'Day,
representing Lisa C. LaBrecque, owner of"Lot 46" directly north and west of the subject property.
Attorney O'Day stated Lisa LaBrecque objects to any work located on her property.
In response to that letter, Coastal Engineering revised the plan*to show all work removed from
Lisa LaBrecque's property, and received an electronic message dated October 21, 2013 from
Roger O'Day, stating as the revised plans snow no work on his client's property, she...is neither
in favor nor opposed to the filing and leaves any decision to the Conservation Commission.
Summary of Staff Conservation Commission Comments
As the Conservation Administrator could not confirm the resource area delineation as coastal
bank without further evaluation from the applicant, the Conservation Commission consensually
did not confirm accuracy of the resource areas as shown on the site plan.
The Commission consensually agreed the project meets performance standards for both coastal
dune and coastal bank under the WPA and BWP By-law.
Summary of Public Comments
There was no public comment.
Jon Romano moved, Hayley Winfield seconded the motion to continue the hearing to November
8, 2013, to allow the Conservation Administrator to draft special conditions. The motion was
approved unanimously.
*List of documents submitted for the project and discussed at this hearing
1. Notice of Intent for Marjorie K.and Malcolm H.Brodrick
a. Marjorie K Y Malcolm H.Brodrick 237 Crocker Lane Plan Showing Proposed Shorefront
Protection, revised 10/11/13 Coastal Engineering Co.
2. October 21,2013 electronic mail message to C,Spade,J.Norton...from Roger O'Day
3. **Note:The applicant did not submit a copy of the MA DEP Wetlands Change Map for the project
file.
Brewster Conservation Commission Minutes. October 22, 2013 5
(Continued Hearing) Alan G. and Kushid Smith propose to construct biodegradable coir
envelope shorefront protection at the toe of a coastal bank, nourish the coastal bank with
sand and native coastal plants, and replace an existing sand drift fence in-kind, on 267
Crocker Lane, Assessors' Map 69, Parcel 5 (formerly 51202).
Eligible voters:All.Hearing opened October 8,2013(no testimony).
The project is not located on the MA Natural Heritage and Endangered Species Map as an area
of rare plant and wildlife habitat and rare wetlands wildlife.
Summary of Applicant Testimony
Jay Norton, Coastal Engineering, Inc., represented the applicant. Displaying the accompanying
Notice of Intent site plan*, and MA DEP Wetlands Change Map, he described the project as
identical to the coir envelope shorefront protection Notice of Intent for Robert and Susan
Schechter on 257 Crocker Lane.
Mr. Norton submitted at this time, an electronic mail message*to Mr. Norton from easterly abutter
Nell Jones, essentially stating she has no objection to the project.
On October 8, 2013, the Conservation Department received a letter from Roger V. O'Day,
representing Lisa C. LaBrecque, owner of"Lot 46" directly north and west of the subject property.
Attorney O'Day stated Lisa LaBrecque objects to any work located on her property.
In response to that letter, Coastal Engineering revised the plan*to show all work removed from
Lisa LaBrecque's property, and received an electronic message dated October 21, 2013 from
Roger O'Day, stating as the revised plans snow no work on his client's property, she...is neither
in favor nor opposed to the filing and leaves any decision to the Conservation Commission.
Summary of Staff Conservation Commission Comments
The Conservation Administrator believed the project appears to be coastal bank as depicted on
the plan. It is adjacent to the property on 257 Crocker Lane which was confirmed as coastal bank
by the Conservation Commission based on documentation by the coastal geologist hired by the
owners of 257Crocker Lane.
The Conservation Commission confirmed the wetland resource as coastal bank and consensually
agreed the project meets performance standards for coastal bank under the WPA and BWP By-
law, but did not confirm accuracy of the resource areas at this hearing.
Summary of Public Comments
There was no public comment.
Jon Romano moved, Hayley Winfield seconded the motion to continue the hearing to November
8, 2013, to allow the Conservation Administrator to draft special conditions. The motion was
approved unanimously.
*List of documents submitted for the project and discussed at this hearing
1.Notice of Intent for Alan G.and Kushid Smith
Alan G and Kushid 267 Crocker Lane Plan Showing Proposed Shorefront Protection,revised 10/11/13
Coastal Engineering Co.
2.10/17/13 electronic mall message to Jay Norton from Nell Jones
3.10/21/13 electronic mall message to C,Spade,J.Norton...from Roger O'Day
4.**Note:The applicant did not submit a copy of the MA DEP Wetlands Change Map for the project file.
(Continued Hearing)James and Paula Lieb propose to replace existing "fiber roll" erosion
control protection on a coastal dune with an engineering technique consisting of"coir
(sand filled), anchored envelopes", and extend same onto abutting 0 Breakwater Town
Landing; and,to replace an existing sand drift fence on both properties with an alternative
structure, to plant American beach grass, and maintain all routinely. Properties are on 268
Brewster Conservation Commission Minutes. October 22, 2013 6
and 0 Breakwater Road (Breakwater Town Landing),Assessors' Maps 58, Parcel 36
(formerly 4/15), and Assessors' Map 58 Parcel 37-0 (formerly 4/55).
Eligible voters: Klein,McKenna,Romano,Tobin,Wightman Hearing opened September 10(testimony taken).
Continued to October 8(no testimony).
The testimonial hearing was continued to allow time for the items discussed, and for the
Conservation Administrator to draft special conditions.
Summary of Applicant Testimony
Jay Norton, Coastal Engineering, Inc., represented the applicant. Displaying the revised site
plan", he explained that as the result of concerns of the Conservation Commission's hired coastal
geologist, Jim O'Connell, and maintenance issues between the Town of Brewster and the
applicant, the coir envelop and modified drift fence footprint are now as far landward as possible
on the Town of Brewster Breakwater Landing, giving room for nourishment and coastal plantings
directly seaward.
He asked the Commission's comments as to his further revising the coir to show a"return"
directing landward, west of the Town of Brewster parking lot, to further enhance the project
structure.
Summary of Staff Conservation Commission Comments
The Commission consensually agreed to review the plan revision as described.
In response to a repeat of the discussion from the September 10 hearing, Mr. Gallagher stated he
believed special conditions in the Order of Conditions might address the maintenance agreement
between the applicant and the Town of Brewster, for protection of wetland interests.
Summary of Public Comments
Mr. Norton addressed citizen Henry Hayes' request for clarification on the structure of the
proposed coir rolls.
Hayley Winfield moved, Jon Romano seconded the motion to continue the hearing to November 6,
2013, to allow time for review of the discussed revision to the site plan and review of special
conditions. The motion was approved unanimously.
*List of documents submitted for the project and discussed at this hearing
1.Notice of Intent for James and Paula Lieb
a. "Site Plan,James and Paula Lieb Proposed Maintenance to Existing Shorefront Protection,Coastal
Engineering Company,rev.10/15/13"
Vice Chairman Bruce Evans was recused from the following hearing:
(Continued Hearing) Robert Newman, Ocean Edge-Blueberry Pond at Bitterige Village,
proposes to vista prune and remove invasive vegetation at Ocean Edge; Blueberry Pond at
Bitterige Village, Assessor's Map 89, Parcel 1-3358 (formerly 27/39).
Eligible voters:Klein, Romano,Tobin,Wightman Hearing opened March 5,2013(no testimony),continued to
April 2(no testimony),April 30(no testimony),May 14(no testimony),May 28(testimony taken),July 9(no
testimony),July 23(testimony taken),August 20(no testimony)September 24(testimony taken),October 8
(testimony taken).
John O'Reilly, PE, PLS, J. M. O'Reilly, Inc., David Haines, Hydrogeologist Wetlands Scientist,
Attorney Gregor L. McGregor, Tom Devane and Attorney John Mostyn attended, representing the
applicant.
Summary of Applicant Testimony
John O'Reilly informed the Commission that he reviewed the second draft of the special
conditions for the project.
Mr. McGregor stated that he appreciated the Brewster Conservation Commission's diligence in
holding extensive, lengthy hearings in review of this project.
Brewster Conservation Commission Minutes. October 22, 2013 7
However, he found the amended draft special conditions even more restrictive than those
reviewed at the hearing of October 8, and repeated (as stated on October 8)they are the most
restrictive, tight and controlled conditions for vista pruning he has experienced in his
environmental career for vista pruning and invasive species management.
He cited as examples, that the conditions require the field procedure to stop at a certain point for
receipt of a written report by a qualified wildlife biologist, to be reviewed at a public meeting of the
Conservation Commission before the applicant can proceed further, and that authority is
delegated that the Conservation Administrator as well an outside consultant; either/or, review the
site even before cutting individual limbs of vegetation.
He also repeated his statements of October 8, that much of the requested vista pruning is outside
of 50 feet of wetlands, considered a minor activity under the ACT and pertains only to the
Brewster Conservation Commission's Wetlands By-law, and that the crown of individual trees
selected for pruning shall be maintained within 90% of that which now exists pertains under the
ACT to the overall vista pruning area. He maintained that"tools" exist to manage overall tree
canopy pruning, but none for the crown of each individual tree.
Summary of Public Comments
Citizens Donald Wright, Cliff Burner and Konrad Schultz attended. In addition to environmental
concerns discussed at previous hearings, Mr. Wright(and Mr. Burner, as on October 8)
discussed and submitted a copy of a Certificate of Compliance* issued in 1998 to Ocean Edge
which they believed legally relevant to this hearing project with respect to herbicide and lighting.
Summary of Conservation Commission Comments
Mr. Gallagher informed the Commission he received a legal advice from Brewster Town Counsel,
stating should the Conservation Commission approve this Order of Conditions, it can condition
this project as it sees fit.
Summary of Staff Comments
Mr. Gallagher reviewed the second draft of special conditions with the Commission, which
ultimately arrived at consensus on amendments during the course of a lengthy discussion.
Michael Tobin moved, Jon Romano seconded the motion to close the hearing for Robert Newman,
Ocean Edge-Blueberry Pond at Bitterige Village. The motion was approved by eligible voting
Commissioners William Klein,Jon Romano, Michael Tobin and Paul Wightman. Hayley
Winfield abstained.
Michael Tobin moved, Jon Romano seconded the motion to "approve the project, as amended for
Robert Newman, Ocean Edge-Blueberry Pond at Bitterige Village". The motion was approved
by eligible voting Commissioners William Klein,Jon Romano and Michael Tobin. Paul
Wightman voted, "no". Hayley Winfield abstained.
The Conservation Commission shall issue an Order of Conditions,with findings under the BWP By-
law and special conditions as revised, within 21 days of this date.
Mr. Wightman stated he voted no under Brewster Wetlands Protection By-law (BWP By-law)
Wetland Regulations Sections 1.01 and 1.03, for reasons as follows:
• The wildlife habitat study was not adequately addressed initially or during the hearing
process.
• The applicant stated on record that the wildlife habitat study was a limited "snapshot
study".
• The wildlife habitat study was not based on existing guidelines (of MA DEP Wildlife
Habitat Standards).
Brewster Conservation Commission Minutes. October 22, 2013 8
The applicant shall have the burden of proving by clear and convincing evidence that the work
proposed will not harm the wildlife interests protected in the By-law. Mr. Wightman did not believe
the applicant presented that evidence.
List of documents submitted for the project and discussed at this hearing
1. Notice of intent for...Ocean Edge-Blueberry Pond...,John O'Reilly 8/26/13.,Site Plan, Vista Pruning...
2. (2"4)Draft Addendum to WPA Form Robert Newman,Ocean Edge-Blueberry Pond at Bitterige Village Order
of Conditions SE 9.1571...
3. Certificate of Compliance SE 9-891 for Coastal Engineering Co,Agent for Ocean Edge
4. Letter:October 17,2013 Britterige Certificate of Compliance...from Don Wright
(Continued Hearing) Elizabeth J. Smith proposes to construct additions to a single family
dwelling and install a new septic system within 100 feet of inland wetlands, on 105 East
Gate Road, Assessors' Map 43, Parcel 34 (formerly 39/48).
Eligible voters:Evans,Klein,Romano,Tobin,Wightman,Winfield Hearing opened October 8,2013
Summary of Applicant Testimony
Stephanie Sequin, PE, Ryder and Wilcox, Inc., represented the applicant.
The hearing of October 8 was continued to await receipt of Bordering Vegetated 310 CMR
Delineation Field Data Forms, a file number from MA Department of Environmental Protection
(DEP) and review of special conditions for an Order of Conditions.
The Conservation Administrator did not believe the applicant submitted complete Bordering
Vegetated 310 CMR Delineation Field Data Form information.
Summary of Public Comment
There was no public comment.
Jon Romano moved, Michel Tobin seconded the motion to continue the hearing to November 6,
to await complete soil information and for review of special conditions. The motion was
approved unanimously.
`Documents discussed: Bordering Vegetated 310 CMR Delineation Field Data Form,Section I,Section li.
Indicators of Hydrology
Christopher Smith Masonry proposes to remove an existing stone stairway, re-laying it
within its current layout, demolish an existing 14-foot retraining wall, re-constructing it
with dry-staked stone,demolish two walls, reconstructing it to meet the retaining wall, and
replace an existing flagstone patio and concrete walkway with brick paving,within 50 to 0
feet of inland wetlands, on 29 Cranview Road, Assessors' Map 10, Parcel 57 (formerly
38/71).
The project is located on the MA Natural Heritage and Endangered Species Map as an area of
rare plant and wildlife habitat and rare wetlands wildlife.*
Summary of Applicant Testimony
David Bennett, Bennett Environmental Associates, Inc., represented the applicant. Christopher
Smith attended. Mr. Bennett described the purpose of the variance project as contained in the
application*, accompanying plan* and variance narrative, as a replacement"in kind" of the
impervious structures, to improve them aesthetically. It will entail no further encroachment into
the 50 foot buffer zone. He believed the project will also have a positive effect on the wetland
environment, as impervious structures will be replaced with brick pavers, increasing the amount
of natural pervious area within the 50 foot buffer zone.
Mr. Smith explained the demolition and construction process will be by hand and hand held
machinery only.
Summary of Conservation Commission Comments
Brewster Conservation Commission Minutes. October 22, 2013 9
Questions centered on the proposed material, drainage and erosion control measures, and
whether lighting is proposed. Mr. Smith stressed the applicant proposes no lighting.
The Conservation Commission consensually confirmed the boundaries of the resource areas as
accurate, as shown on the site plan.
Summary of Public Comments
There was no public comment
Jon Romano moved, Hayley Winfield seconded the motion continue the hearing to November 6,
2013, to await the following:
• Response from the MA Division of Fisheries and Wildlife, MA Natural Heritage and
Endangered Species Program (NHESP*.
• File number from MA Department of Environmental Protection (DEP), showing the
application under the State is complete;
• And to allow staff to draft special conditions
The motion was approved unanimously.
*List of documents submitted for the project and discussed at this hearing
1. Notice of Intent for Christopher Smith Masonry,narrative,variance statement
"Site Plan, ...29 Cranview Road,Bennett Environmental Assoc.,10/1/13"
2. Natural Heritage and Endangered Species map as Priority Habitat under the MA Endangered
Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act(WPA)regarding the
existence of rare plant and wildlife habitat and rare wetlands wildlife
Citizens' Forum
Violations: Show Cause Hearings/Enforcement Order Ratification,Violations Update
Forrestine L. Paulay,45 Candlestick Lane, 15/16,42 (formerly 21/29-5, 26-1) unauthorized
clearing and destruction of vegetation in and within 100 feet of inland resource areas—
enforcement order ratification
Conservation Administrator Gallagher described his findings, following concerns expressed
by a citizen on or about October 9, 2013, regarding excessive clearing at and/or
east/southeast of 45 Candlestick Lane. As the Conservation Commission has an open
Order of Conditions for upgrade of a septic system for the property on 45 Candlestick Lane,
SE 9-1575, giving him legal authority to go on the property, Mr. Gallagher visited the site..
Three workers explained the property owner had hired them to do the clearing, but they did
not identify themselves.
As shown in photographs taken on October 9, 2013 included in the Administrative Report*,
Mr. Gallagher observed a large area of clearing and destruction of vegetation in and within
100 feet of the wetland resource area identified and approved by the Conservation
Commission as accurate for Order of Conditions SE 9-1575. The clearing included many
mature trees, numerous saplings and shrub vegetation, and briar, vine, and/or herbaceous
vegetation. Stacks and piles of freshly cut wood and piles of brush and vegetative debris
were on the 45 Candlestick Lane site, though he observed most of the clearing occurred in
the jurisdictional areas east/southeast of 45 Candlestick Way. This property is owned by
another person.
Mr. Gallagher stated he issued a verbal stop work order to the three workers.
Mr. Gallagher stressed that this clearing occurred subsequent to his last site inspection on or
about July 16, 2013 for the work under Order of Conditions SE 9-1575, and the (affected)
mature trees and understory vegetation are documented in submitted photographs of the
buffer zone and resource area, dated July 15, 2013, on file for that Order of Conditions.
Brewster Conservation Commission Minutes. October 22, 2013 10
Mr. Gallagher explained that on October 10, he issued an enforcement order and attached
letter*to Forrestine Paulay, who recently acquired 45 Candlestick Way, mandating that all
parties immediately cease and desist from any further vegetation or soil disturbance, or other
work within 100 feet of wetland resources until written permission is obtained from the
Conservation Commission. The order stated the property owner and/or a representative shall
appear before the Brewster Conservation Commission for a Show-Cause Hearing on this
date.
At this time, Theresa Sprague, MALD, owner, Blue Flax Design and Keith Johnson, owner,
Billingsgate Land Management, met with the Conservation Commission as representatives of
Forrestine Paulay. Ms. Sprague explained Ms. Paulay hired her company to work with the
Conservation Commission to comply with the wetland laws by mitigating for the violation. Ms.
Sprague described her findings upon inspection of the clearing. She confirmed that the
clearing did take place on property east/southeast of 45 Candlestick Way, and that landowner
has been contacted.
Ms. Sprague requested that she be given time beyond that required in the enforcement order,
to submit a restoration plan.
The Commission discussed the serious violation and the fact that the owner of the affected
property east/southeast of 45 Candlestick Way must be involved in the discussion and
decision on the restoration.
Jon Romano moved, Hayley Winfield seconded the motion to ratify the enforcement order
and issue to Forrestine Paulay, five $300.00 Town of Brewster Notices of Violations of Town
By-law(fines)for five of the large trees removed. The motion was approved unanimously
by Bruce Evans, William Klein,Jon Romano, Michael Tobin, Hayley Winfield and Paul
Wightman. The Commissioners ratified the enforcement order.
Hayley Winfield moved, Michael Tobin seconded the motion to continue the show cause
hearing to Wednesday, November 20, 2013. The motion was approved unanimously. A
restoration plan of the affected area shall be submitted ten days prior to November 20.
Documents discussed:
Enforcement order and attached letter to Forrestine L.Paulay...October 10,2013
Order of Conditions SE 9-1575 to Robert Schrader,45 Candlestick Way,6/10/13
Photos dated 7/15/13 showing buffer zone and wetland
Michael & Linda Frazzette, 30 Governor Prence Road, Brewster, Assessors Map 58, Parcel
29 (formerly Map 4/64), installation of septic system within 100 feet of coastal wetland
resources
Linda Frazzette and Terence Hayes, RS, Punkhorn Services, attended.
Mr. Gallagher explained his observation of workers digging to install a septic system on the
above referenced property, and of their providing him documentation of an approved permit
for a septic system from the Brewster Board of Health.
Mr. Gallagher's research shows the work is within close proximity to coastal resource areas
to the north, in which case the septic system and associated work within 100 feet of resource
areas requires permitting under the WPA and BWP By-law. Mr. Gallagher explained he
issued a certified letter to Michael and Linda Frazzette, stating the above in detail*, that it
would be in their best interests to stop the work until these wetland issues are resolved, and
to appear before the Conservation Commission on this date.
Mr. Hayes submitted an untitled unstamped plan for the Commission's record, showing a
coastal bank 100 feet from the property. He stated the plan was produced by surveyor Robin
Wilcox.
Brewster Conservation Commission Minutes. October 22, 2013 11
The Conservation Commission consensually requested the owner file an Abbreviated Notice
of Resource Area Delineation and professionally surveyed plan with the Conservation
Commission, showing all coastal resource areas delineated by a professional environmental
consultant for legal confirmation of the resource areas, as soon as possible.
Documents discussed and submitted:
1. October 18,2013 letter to... Frazzette from James M.Gallagher,Conservation Administrator
2. (Untitled)Plan,30 Governor Prence Road(untitled,no engineer or surveyor cited)
Suzanne D'Amour, 232 Robbins Hill Road, Assessors Map 38, Parcel 88 (formerly
2/17), unauthorized alterations, including construction of a deck on coastal resources
Mr. Gallagher reviewed the history of this violation and the Commission's decision that
the unauthorized deck be removed. He explained that Ms. D'Amour is now requesting
part of the structure be allowed to remain, and to allow an extension of the required
removal date, to November 12, 2013.
The Commission consensually agreed that the owner shall comply with the Commission's
original removal requirement, but to extend the date of removal to November 12, 2013. If
the structure remains after that date, the Conservation Commission will re-issue its
(previously rescinded)Town of Brewster Notice of Violation (fine).
Brian H. and Carol O'Hern Order of Conditions SE 9-1561, 168 Winstead Road, 61/42
(formerly 49/8-105),failure to set erosion control barriers
The Conservation Administrator alerted the Conservation Commission to this violation and
resultant siltation into jurisdictional areas.
Requests for Certificates of Compliance
1. D'Elia and Cavanaugh, Order of Conditions SE 9-76,septic system upgrade, 76 Vesper
Pond Drive, 137/77 (formerly 30/39)
The Conservation Administrator confirmed that the project did not commence under this
Order of Conditions. A dwelling was constructed on the property under a subsequent Order of
Conditions.
Hayley Winfield moved, Michael Tobin seconded the motion to approve the above referenced
Certificate of Compliance under the MA ACT and BWP By-law. The motion was approved
unanimously.
2. Cape Cod Engineering, Order of Conditions SE 9-1201, 11 Frank D. Lawrence Cartway,
34/41 (formerly 36/61)
3. Cape Cod Engineering, Order of Conditions SE 9-1389, 11 Frank D. Lawrence Cartway,
34/41 (formerly 36/61)
4. Cape Cod Engineering, Order of Conditions SE 9-1403, 137 Regatta Road (0 Butlers
Way), 27/72 (formerly 22/7-2)
Following the recommendation of the Conservation Administrator that the projects comply
with the respective Orders of Condition, Michael Tobin moved, Jon Romano seconded the
motion to approve the above referenced Certificates of Compliance under the MA ACT and
BWP By-law. The motion was approved unanimously.
Request for Administrative Review
1. Richard Knowles, 123 North Pond Drive, 89/62 (formerly 27/60),tree removal
The Conservation Administrator believed the above referenced project meets parameters for
an activity under the Commission's Administrative Review process. Following discussion,
Michael Tobin moved, Hayley Winfield seconded the motion to approve the project. The
motion was approved unanimously.
Review and Approval of Minutes
1. July 23, 2013
2. May 28, 2013 (re-Issuance)
Brewster Conservation Commission Minutes. October 22, 2013 12
Having reviewed the above referenced minutes, Hayley Winfield moved, Michael Tobin
seconded the motion to approve them as written. The motion was approved unanimously.
Discussions/Report of the Conservation Administrator
Brewster Wetland Protection By-law and Regulations: Discussion on November 18, 2013
Special Town Meeting Citizens' Petition Article for Amendment to BWP By-law, and
incorporating Conservation Commission Policy on Docks into Regulations
Update: The Conservation Department has advertised a legal notice that it will hold a public
hearing on November 12, 2013, at 6:00 PM on a draft amendment to its regulations under the
BWP By-law, by incorporating into it, its existing Policy on Docks and Piers.
Any Topics not reasonably anticipated by the Conservation Commission Chairman
October 22,2013 letter of thanks to Hal Minis for construction of coastal stairway, Spruce Hill,
3171 Main Street, 102/0017(formerly 8/9)
Chairman Paul Wightman, representing the Conservation Commission, signed a letter of
thanks and commendation to citizen and member of the Brewster Conservation Trust, Hal
Minis, and other workers who helped him construct a new beach access stairway at the
Town owned Spruce Hill in East Brewster. This land is under the care, custody and control
of the Brewster Conservation Commission, and the town filed a Notice of Intent with the
Conservation Commission, which issued Order of Conditions SE 9-1554 to construct the
stairway.
The new stairway further enhances the public enjoyment of this valuable conservation
land.
0 Paine's Creek Road, 1/6,future parking lot improvements
Mr. Miller relayed to the Commission, plans for future improvements to the parking lot at this town
landing.
At 10:10 PM, Hayley Winfield moved, Jon Romano seconded the motion to adjourn the meeting.
The motion was approved unanimously.
The meeting adjourned at 10:10 PM.
Carol Spade
Among the list of documents*for this meeting are the following:
Administrative Report of the Conservation Administrator,October 22,2013 meeting
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,and video recording,Town of Brewster Website http://town.brewster.ma.us
Brewster Conservation Commission Minutes. October 22, 2013 13