HomeMy Public PortalAboutConservation Commission -- 2014-02-18 Minutes Brewster Conservation Commission Minutes—Meeting Under
MA General Laws Chapter 40, Section 8C, i
u Massachusetts General Law Ch. 131, §40,
Wetlands Protection Act(WPA), 310 CMR 10.00 Regulations
Massachusetts Department of Environmental Protection (MA DEP)
EFE,STE";
(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 —9.15
Call to Order
Chairman Paul Wightman convened the Tuesday, February 18, 2014 meeting of the Brewster
Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster,
MA.
Present
Vice Chairman Bruce Evans, Commissioners William Klein, Michael Tobin, Hayley Winfield,
Chairman Paul Wightman, Alternate Member Shana Brogan, Conservation Administrator James
Gallagher, Natural Resources Director Chris Miller, Administrative Assistant Carol Spade
Not Present
Commissioners Stephen McKenna, Jon Romano
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
Notices of Intent
(Continued Hearing) Stephen C.and Christine A. Richards propose to reconstruct a single
family dwelling, including grading and demolition/reconstruction of an existing dwelling,
construct retraining walls and reconfigure an existing driveway; some work is proposed to
occur within 50 feet of coastal and inland wetland resources, on 36 Arnold's Cartway,
Assessors' Map 38, Parcel 69 (formerly 2/33-1).
Eligible voters:Evans,Klein,McKenna,Tobin,Winfield Hearing was opened on October 8,2013(no testimony
taken)continued to November 6,2013(no testimony),January 7(testimony taken).
The project proponent submitted a written request to continue the above referenced hearing to
March 18, 2014. Hayley Winfield moved, William Klein seconded the motion to continue the
hearing to March 18, 2014. The motion was approved unanimously.
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, Commission Chairman Paul Wightman signed a "Certification of Review of Hearing
Transcript" stating he thoroughly examined all evidence received at the Public Hearing of
January 7, 2014, the only previous testimonial hearing he did not attend. Examination of
evidence included visiting the site of the subject hearing several times prior to this
hearing, reviewing the minutes of the hearing of January 7 and reviewing all evidence
received prior to said hearing.
Brewster Conservation Commission Minutes. February 18, 2014 1
` fi
Continued Hearing) Cape View Development, LLC, LEC Environmental Consultants, Inc.
proposes to construct twenty-five(25) single-family dwellings and three (3) two-family
dwellings, roadway,surface parking and driveways, grading, utilities, stormwater
management and landscaping; within the 100 foot buffer zone to bordering vegetated
wetlands and inland bank, on 0 Sachemus Trail, Assessors' Map 78, Parcel 137 (formerly
15/125-2).
Eligible voters: Evans,Klein,Romano,Tobin,Winfield(Wightman)Hearing opened October 8,2013(testimony
taken),continued to November 6(no testimony), December 3(testimony taken),December 17(no testimony),
January 7,2014(testimony taken)February 4(no testimony).
The December 3, 2013 hearings was continued to allow the Conservation Commission to receive
a review of the development project from the Commission's hired consultant which was
determined to be Louis Berger Group, Inc.
Summary of Applicant Testimony
Brian Madden, LEC, David Michniewicz and Tarja McGrail, Coastal Engineering Co., Inc., Mark
Smith, Cape View Development and Peter L. Freeman, Freeman Law Group LLC, represented
the applicant. Mr. Madden stated they are present to hear the comments of Louis Berger
Services, Inc.
Summary of Conservation Commission Consultant
Christopher Feeney, PE and Craig Wood, PWS Principal Ecologist, Louis Berger Group, Inc.,
attended. Mr. Feeney explained his group reviewed the project Notice of Intent, Stormwater
Management Report and Comprehensive Permit Application.
Drawing from the displayed sheet C2.21 of the Coastal Engineering Co. Brewster Landing 0
Sachemus Trail Proposed Site Plans, Mr. Feeney and Mr. Wood summarized the scope of the 19
page Lewis Berger...Group, Inc. review of the project, as follows:
• Review of the Stormwater Management Report and drainage calculations for
compliance with the WPA Regulations and MA DEP Stormwater Standards.
The site is surrounded on three sides by wetlands. The basement elevations of the
dwellings are all within 15, 20 and 35 feet of the adjacent wetlands, and the foundation
and basement elevations are below the wetland elevations. This would also locate them
in the water table.
The infiltration basins for each of the structures also appear to be below the elevations of
adjacent wetlands. Characterizations of the existing soils were not provided in all of these
areas. Characteristics such as existing and post construction drainage, and size and flow
volumes into the basins as presented, were unclear to Louis Berger Group. The site has
existing conditions known as"perched" groundwater, at varying depths, which appear to
support the wetlands. A proposed development in perched conditions not properly
characterized (with proposed fill replacement), would affect drainage and potentially flood
the area.
Thus, it is difficult to determine whether the project meets the criteria set forth in the MA
Stormwater standards.
• Review of the project proposal in relation to performance standards and protected
interests of the Massachusetts Wetlands Protection Act; including the interest of
wildlife habitat.
• A qualitative review of the project of potential hydrologic impacts from the project
to surrounding wetlands and to the (system known as) Consodine Ditch and
wetlands associated with the Consodine Ditch system.
This review included potential upstream and downstream wetland impacts. Mr. Wood
stressed that the extensive activity being proposed immediately adjacent to wetlands will
significantly affect this fragile natural wetland system.
Brewster Conservation Commission Minutes. February 18, 2014 2
li
It will also affect existing Wetlands Conservancy Soils*. The geology of these soils,
former lake bed deposits, is characteristically and naturally, not uniform. The soils have a
very high seasonal water table. Louis Berger Group requests the applicant supply more
information for a better understanding of the surficial geology of the area. It is important
the project will alter neither the direction nor the quantity of groundwater flow, and that
the groundwater remains available to support the adjacent wetlands.
■ The Comprehensive Permit Application's request to waive the Brewster Wetlands
Protection By-law in relation to performance standards and protected interests of
the By-law; including the interest of wildlife/wildlife habitat.
Mr. Wood relayed interests protected under the BWP By-law. The application offered
only a general statement that wetland encroachment has been minimized to the fullest
extent feasible, with no documentation supporting that statement. If the Brewster
Wetlands Protection By-law were in play, the Commission could require an alternatives
analysis for minimizing the project's very extensive encroachment into the wetlands and
buffer zones, and information showing that the project would not result in adverse
impacts to the wetlands and wetland interests.
Summary of Staff/Conservation Commission Comments
The Conservation Commission discussed the concerns of Louis Berger, Inc., regarding the
proposed extensive removal of the perched clay layer and replacement with fill to construct the
dwellings, septic system, drainage and roads, and their effects on interests protected under the
WP ACT.
The Commission stressed that abutters have expressed the same concerns during the course of
this project's hearings; specifically with regard to potential flooding in surrounding areas.
Ms.Winfield inquired specifically as to the consultants' assessment of the proposed septic
system. Mr. Wood responded the Louis Berger Group did not review the proposed septic system
under the Conservation Commission's review request.
The Commission consensually concluded Louis Berger Group believes this development project
merits a full review under the Brewster Wetlands Protection By-law.
Summary of Applicant Testimony (continued)
Mr. Michniewicz stated that having thoroughly read the consultant's review of the project, he
believed that Coastal Engineering, Inc., can clarify all of Louis Berger Group's concerns. Drawing
from the displayed sheet C2.21 of the Coastal Engineering Co. site plan*, Mr. Michniewicz
explained various elements of the proposal with regard to drainage. He stressed that all of the
three wetland systems on all sides of the project area are interconnected.
In response to Commission request for clarification on the means of determining the groundwater
flow volume and direction, Mr. Michniewicz explained the information on the contributory areas
was obtained from Geographic Information System (GIS) mapping, and site specific information,
through survey research.
The Commission consensually agreed that since Louis Berger Group, Inc. has presented its
concerns at a public meeting, it and Coastal Engineering may meet outside the public hearing
process in an attempt to address Louis Berger Group's concerns.
Art Stewart, Vice Chairman of the Brewster Zoning Board of Appeals attended. Procedural issues
were discussed relative to the applicant's hearings before the Zoning Board of Appeals. The
Commission determined the Conservation Administrator shall communicate with relevant town
staff as to the specifics of Louis Berger Group's presenting its Review of Notice of Intent and
Comprehensive Permit Application to the Zoning Board of Appeals.
Brewster Conservation Commission Minutes. February 18, 2014 3
Summary of Public Comments
Among attending members of the public, Jane Remy, abutter to the project, firmly believed that
the Conservation Commission's hired consultant must be allowed to meet with the Brewster
Board of Appeals before it votes on whether to require or waive review of the project under the
Brewster Wetlands Protection By-law.
Nina Gregson, a direct abutter to the north of the project, believed that a 31 home development
on five acres of land will adversely impact wildlife and other environmental interests protected
under wetland laws, and must be considerably smaller.
Abutter Ben Gregson requested the Commission consider how allowing the Louis Berger Group
to meet with the applicant's professional consultants outside of the public hearing process to
discuss the project will ensure legal transparent review under the Massachusetts Open Meeting
Law.
He requested the Conservation Commission consider in further review and comments to the
Board of Appeals, his October 20, 2013 letter(Benjamin P. and Nina J. Gregson) to the
Conservation Commission and Zoning Board of Appeals expressing concerns over the project's
potential to adversely affect hydrology and all applicable interests contained in the WP ACT.
Michael Tobin moved, Hayley Winfield seconded the motion to continue this hearing until March
4, 2014, to allow time for the project review procedures discussed at this hearing.
The motion was approved unanimously.
*List of documents submitted for the project and discussed at this hearing
1. Notice of Intent for 0 Sachemus Trail,LEC Environmental Consultants
Coastal Engineering Co.Brewster Landing 0 Sachemus Trail Proposed Site Plans,9/19/13 7 sheets
-displayed Sheet C2.21
If If Pre-Development Drainage Area Plan 9/19/13 2 sheet"
If " Stormwater Management Report...9/19/13
Hawk Design,Inc.Landscaping Plan,9/19/13
Comprehensive Permit Application prepared by Freeman Law Group LLC,October 23,2013
2. Lewis Berger...Group Inc...January 24,2014 Review of Notice of Intent and Comprehensive Permit
Application for the Brewster Landing
3. Brewster Zoning By-law Chapter 179-6,Wetlands Conservancy Soils.
4. Conservation Commission Minutes,October 8,December 3,2013,January 7,2014
As there was no quorum of Commissioners eligible to vote on the following continued
hearing, 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, Chairman Paul Wightman signed a "Certification of Review of Hearing
Transcript" stating she thoroughly examined all evidence received at the Public Hearing
of January 7, 2014, the only previous testimonial hearing, which he did not attend.
Examination of evidence included visiting the site of the subject hearing on January 25,
2014, reviewing the minutes of the hearing of January 7, 2014 and reviewing all evidence
received prior to said hearing.
(Continued Hearing) Mary Cornetta-Brown proposes to remove invasive plant species,
remove and prune existing trees and plant native vegetation,within 0 to 100 feet of inland
wetlands , on 51 Gould Drive, Assessors' Map 68, Parcel 85 (formerly 5/95).
Eligible voters:Evans,McKenna,Romano,Tobin,Winfield(Wightman)Hearing opened on January 7(testimony
taken),February 4,(testimony taken).
The hearing of February 4 was continued to allow the Conservation Administrator to draft findings
and special conditions for an Order of Conditions.
Brewster Conservation Commission Minutes. February 18, 2014 4
p
Summary of Applicant Testimony
Caitrin Higgins, environmental consultant from Wilkinson Ecological Design (WED), represented
the applicant.
Summary of Staff/Commission Testimony
Following Mr. Gallagher's review of the above, Michael Tobin 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 by Commissioners Bruce Evans, Michael
Tobin, Hayley Winfield and Chairman Paul Wightman.William Klein abstained.
Allen E.and Sharon L. Ryone propose to construct a new sewage disposal to serve an
existing dwelling, within 65 feet of an inland wetland; no expansion to the dwelling is
proposed, property on 169 Fiddlers' Lane, Assessors' Map 48, Parcel 35 (formerly 18/38).
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
Matt Farrell, J. M. O'Reilly, Inc., represented the applicants. Allen Ryone attended. Mr. Farrell
reviewed the resource area and project which he described as a voluntary upgrade, as contained
in the Notice of Intent and accompanying plan*. He stated he will revise the plan, as requested
by the Conservation Administrator, to show existing Wetland Conservancy Soils on site, as well
as the resource area under the MA General Laws, river and riverfront, both of which are off the
site.
Summary of Staff/Conservation Commission Comments
Based on the Conservation Administrator's observations of the site of tree and shrub vegetation
only, given snow cover on the ground, and his research into past wetland filings, the
Conservation Commission consensually confirmed the boundaries of the resource areas (on
three sides of the lot) as shown on the site plan - bordering and isolated wetlands -as
reasonable for the purpose of approving this project and confirming resource area boundary
identification to the Brewster Board of Health, for its review of the septic system.
Discussion centered on the Conservation Administrator's agenda comments and the
Commission's site review. A maintained (mowed)field area exists within the wetland itself. The
Commission believed approval of the project shall be contingent on the owners' maintenance of
the field for habitat; twice annual mowing (March and November only) and removal of
construction materials from the buffer zone -as mitigation for the project.
Summary of Public Comments
There was no public comment.
Hayley Winfield moved, Michael Tobin seconded the motion to continue the hearing to March 4,
2014, to allow the proponent to revise the plan as discussed, and for the Conservation
Administrator to draft special conditions for the project. The motion was approved
unanimously.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Site Plan, ... 169 Fiddler's Lane,J. M. O'Reilly&Associates, Inc., 1/31/14
2. Bordering Vegetated Wetland 310 CMR 10.55 Delineation Field Data Forms 169 Fiddler's
Lane
Beechwood Landing Association proposes to construct timber walls within 50 feet of a
bordering vegetated wetland and plant vegetation in areas, on Beach at Landing Drive,
Assessors' Map 82, Parcel 1 (formerly 48/79-1).
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.*
Brewster Conservation Commission Minutes. February 18, 2014 5
Summary of Applicant Testimony
John O'Reilly, J. M. O'Reilly, and Richard Halls, Beechwood Landing Association, represented
the applicant. Mr. O'Reilly and Mr. Halls described the project as contained in the Notice of Intent
and accompanying plan*, as an attempt to control erosion on the bank.
Summary of Staff Comments
Mr. Gallagher requested more specifics on the construction technique and protocol for work on
this very steep eroding bank, as detailed in his agenda comments*. He further expressed
concern on the applicant's proposal to plant American beach grass, which is native to coastal
environments and requires continuing wind-blown sand for natural nourishment to enable
survival. He believed the project should provide alternative, native inland buffer zone species.
Summary of Conservation Commission Comments
The Conservation Commission consensually confirmed the boundary of the resource area,
bordering vegetated wetland, as accurate as shown on the site plan.
The Commission also discussed the native coastal grass species proposed as mitigation for the
project and its preference for approved native inland shrub*, or native inland herbaceous
vegetation species vegetation. Questions were also asked with respect to drainage and erosion.
Summary of Public Comments
There was no public comment.
Following review, Hayley Winfield moved, Michael Tobin seconded the motion to continue the
hearing to March 4, 2014:
• For a response from the Natural Heritage and Endangered Species Program regarding
the existence of rare plant and wildlife habitat and rare wetlands wildlife.
• To allow the applicant to submit specifics on the retaining wall and its protocol for
construction.
• To revise the plan to show native inland herbaceous an species as a alternative to the
proposed coastal American Beach Grass.
• To allow the Conservation Administrator to draft findings and special conditions for the
ro
P ject.
The motion was approved unanimously.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Site Plan, Beechwood Landing...Landing Drive, 1/24/14
2. Natural Heritage and Endangered Species Map as Priority Habitat under the MA Endangered
Species Act(MESA)and Estimate
p ( ) Estimated Habitat under MA Wetlands Protection Act(WPA)
regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife
3. Cape Cod Cooperative Extension Service(www.carecodextension.org)list of acceptable
plantings for fresh water buffer zones; depicting the species,size and natural spacing of
plants appropriate for this environment.
Paul Moses proposes to remove invasive plant species and establish a native sandplain
grassland community, planting some native shrub species, in and within 50 feet of coastal
resource areas -on 42 Cedar Hill Road, Assessors' Map 38, Parcel 35(formerly 2/45).
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
Stephanie Sequin, Ryder and Wilcox, Inc., and Caitrin Higgins, environmental consultant from
Wilkinson Ecological Design (WED), represented the applicant.
Ms. Sequin described the applicable resource areas on the site and her method of delineation.
Ms. Higgins described the proposed project as contained in the Notice of Intent, narrative and
accompanying plan*as work on and within 50 feet of the coastal bank. She stressed that the
Brewster Conservation Commission Minutes. February 18, 2014 6
area contains many invasive non-native and native aggressive plant species which are proposed
to be removed and planted with native meadow vegetation and native some shrubs as contained
in the management and restoration plan.
Summary of Conservation Commission Comments
The Conservation Commission consensually confirmed the boundary of the resource area,
coastal bank, salt marsh and land subject to flooding, as accurate as shown on the site plan.
Following discussion, the Commission confirmed that the applicant for the project is not the
property owner. The applicant owns the southerly abutting property, 32 Cedar Hill Road. The
property owner signed the Notice of Intent, granting permission for the filing.
The Commission members believed this project as proposed, serves the interests of the WPA
and BWP Bylaw, and will benefit the wetland environment.
Summary of Staff Comments
The project will replace 50 square feet of existing non-native lawn with native meadow plant
species. Mr. Gallagher requested the applicant submit data on the specific source of the
proposed natural fescue lawn mix seed detailed in the plan.
Mr. Gallagher believed that as with past such projects, the edge of the restoration area should be
delineated with a marker such as a barrier of large stones or a permanent low fence to prevent
future mowing of the naturalized sandplain grassland community.
Summary of Public Comments
There was no public comment.
Following review, Hayley Winfield moved, William Klein seconded the motion to continue the
hearing to March 4, 2014, for the following:
• A response to the filing from the 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.
• The applicant's submittal of the seed source.
• And to allow the Conservation Administrator to draft findings and special conditions for
the project, including the following:
• Coastal Bank, 310 CMR 10.30(6): Portions of the proposed work occur on and within
100 feet of a coastal bank. The Brewster Conservation Commission finds that the
Coastal Bank does not supply sediment to coastal beaches, coastal dune or barrier
beaches. The Commission finds that the Coastal Bank is a vertical buffer.
1. The edge of the restoration area shall be delineated with a marker such as a
barrier of large stones or a permanent low fence, to prevent future mowing of the
naturalized sandplain grassland community.
The motion was approved unanimously.
'List of documents submitted for the Notice of Intent and discussed at this hearing:
1. 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
2. Notice of Intent,Land Management Plan 1/31/14
• Site Plan Showing Existing Conditions Prepared for Moses 32&42 Cedar Hill Road,1/8/14
• Williams 42 Cedar Hill Road Restoration Plan Wilkinson Ecological Design 1/31/14
Denis and Cheryl Williams propose to construct an elevated timber stairway and seasonal
dock in and within 50 feet of inland wetlands—on 42 Turning Mill Road, Assessors' Map
33, Parcel 33 (formerly 39, Parcel 6-43).
Brewster Conservation Commission Minutes. February 18, 2014 7
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
John O'Reilly, J. M. O'Reilly, Inc., represented the applicants. He described the project, as
contained in the Notice of Intent and accompanying project narrative, variance request and
accompanying plan*.
Summary of Staff Comments
As stated in his administrative review comments, Mr. Gallagher explained that this project, the
first since the Conservation Commission's policy on docks and piers became part of the Wetland
Regulations 1.01 —9.15 on November 12, 2013, does not include the regulations' required
documenting of average edge of water and depth of water in the location of the dock(Section
9.03), water depth below watercraft(Section 9.06) or plant and wildlife impacts (9.08)which
entails a professional survey of submerged and emergent aquatic vegetation and shellfish in the
location of the proposed dock.
Additionally, Mr. Gallagher referenced that the proposed stairs would require mature tree pruning
and sapling removal. He had questions on boat storage on a portion of the stairway, detail on
removal of the seasonal dock on the steep slope and whether an alternative access would be
required, construction protocol, material excavation, and disposal and site stabilization.
He stated that existing watercraft should be removed by the responsible party.
Summary of Conservation Commission Comments
The Conservation Commission consensually confirmed the boundary of the resource area,
bordering vegetated wetland, accurate as shown on the site plan.
Discussion centered on the need for answers to the Conservation Administrator's questions, and
mitigation for the project.
Summary of Public Comments
There was no public comment.
Michael Tobin moved, Hayley Winfield seconded the motion to continue the hearing to March 18,
2014, to allow the applicant to submit the requested information, and for a response from the
Natural Heritage and Endangered Species Program regarding the existence of rare plant and
wildlife habitat and rare wetlands wildlife.
The motion was approved unanimously.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Site Plan showing Timber Stairs and a Seasonal Dock,J. M. O'Reilly,...Williams 42 Turning
Mill Road, , 1/28/14
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
3. Bordering Vegetated Wetland 310 CMR 10.55 Delineation Field Data Forms
John and Sara Thorne propose to reconstruct an existing boathouse and connect it to an
existing elevated stairway, in and within 50 feet of inland wetlands -on 964 Satucket Road,
Assessors' Map 35, Parcel 48 (formerly 36/22).
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
John O'Reilly, J. M. O'Reilly, Inc., represented the applicants. He described the project as
contained in the Notice of Intent and accompanying project narrative, variance request and
accompanying plan*. The footprint of the sono-tube placed deck will be extended to include a 40
Brewster Conservation Commission Minutes. February 18, 2014 8
square-foot deck to connect the boathouse to existing stairs. He stressed that hand tools only, will
be used in the reconstruction project.
Summary of Staff/Conservation Commission Comments
The Conservation Commission consensually confirmed the boundary of the resource area,
bordering vegetated wetland as accurate, as shown on the site plan.
Summary of Public Comments
There was no public comment.
Following review, Michael Tobin moved, Hayley Winfield seconded the motion to continue the
hearing to March 4, 2014:
• For a response from the MA Division of Fisheries and Wildlife, MA Natural Heritage and
Endangered Species Program (NHESP) as to the project's occurrence in and potential
land plant and wildlife under the MA Endangered
on Priority Habitat for non-wetlands ered p g
Species Act(MESA), and Estimated Habitat Map of Rare Wildlife under the WPA.
• To allow the Conservation Administrator to draft findings and special conditions for the
project. Conditions shall include the following:
1. There shall be no lights or utilities installed on or near the structure.
2. Boats and other items shall be stored in the proposed boathouse. No boats or other
items shall be stored within the wetland resource or along the inland bank.
The motion was approved unanimously.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Site Plan Thorne...Showing Proposed Boathouse...J.M.O'Reilly1/27114
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
There was no public comment at this time.
Show-Cause HearingNiolation
• 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 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—Ratification of Amended
Enforcement Order
Following brief discussion, Hayley Winfield moved, William Klein seconded the motion to
ratify the enforcement order amended to include requiring six native Scrub Oak, a.k.a.
Eastern Red Cedar(Juniperus virginiana) to add
Bear Oak, (Quercus ilicifolium)and six East ( p g )
diversity to the proposed restoration plan revised on January 7, 2014, and requiring the
restoration to be completed by April 30, 2014. The motion was approved unanimously.
*List of documents submitted and/or discussed
1. Enforcement Order to...Frazzette,Amended February 6,2014
Compliance Update/Discussion
Ocean Edge, Certificates of Compliance SE 9-880, SE 9-891 —Lighting
As a representative of Ocean Edge was unable to attend, the Commission postponed the above
discussion.
Requests for Administrative Review
1. John Aubin, 213 Run Hill Road,46/3 (formerly 35/2.0), removal and replacement of
doors and windows
2 Adam Kibbe, 105 Great Fields Road,47/70 (formerly 23/58-2A)tree removal
Brewster Conservation Commission Minutes. February 18, 2014 9
The Conservation Administrator believed the above referenced projects meet parameters
for activities under the Commission's Administrative Review process. Following
discussion, Michael Tobin moved, Bruce Evans seconded the motion to approve the
projects. The motion was approved unanimously.
Review and Approval of Minutes
1. November 12, 2013
Having reviewed the above referenced minutes, Hayley Winfield moved, Michael Tobin
seconded the motion to approve them as written. The motion was approved
unanimously.
2. November 12, 2013 Executive Session
Following review of the above referenced minutes, Michael moved, William Klein
seconded the motion to approve them as written. The motion was approved
unanimously.
Report of the Director of Natural Resources
Request from Department of Natural Resources Department for support letter from the
Conservation Commission, for a grant from the MA Coastal Zone Management for a
1 professional study of expected erosion rates and effects due to storms,sea level rise and
changes on the coastline -and to develop plans for coastal resilience and retreat at
Brewster town landings
Following discussion, Michael Tobin moved, Hayley Winfield seconded the motion to approve the
above described letter of support. The motion was approved unanimously. Chairman
Wightman signed the letter.
,, At 10:10 PM, Hayley Winfield moved, Michael Tobin 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 is the following:
Administrative Report of the Conservation Administrator,February 18,2014 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
;.r
Brewster Conservation Commission Minutes. February 18, 2014 10