HomeMy Public PortalAboutConservation Commission -- 2014-05-07 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) 47,
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
Vice Chairman Bruce Evans (acting chairman) convened the Wednesday, May 7, 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 Shana Brogan, William Klein, Stephen McKenna,
Michael Tobin, Hayley Winfield, Alternate Member Virginia lannini, Conservation Administrator
James Gallagher, Natural Resources Director Chris Miller,
Not Present
Chairman Paul Wightman, Administrative Assistant Carol Spade
Vice Chairman Bruce Evans 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
(Continued Hearing)Judith Scherzo proposes to reconstruct an existing rock revetment
coastal engineering structure along three properties (a total of 95 linear feet), and
reconstruct an existing stone ramp; on 0 Winslow Landing, 22 Ring Rock Road and 12
Ring Rock Road, Assessors' Map 91, Parcels 2, 3 and 4(formerly 7/1, 3, 5).
Eligible voters: All.Hearing opened on March 4,2014(no testimony taken),continued to March 18(testimony
taken).
Summary of Applicant Testimony
Robert Perry, PE, Cape Cod Engineering, Inc., represented the applicants. Applicant/owner
Judith Scherzo attended.
Mr. Perry requested the Commission consider allowing the following, relative to sand
nourishment:
Only the terminus ("return")of the revetment reconstruction is proposed on the easternmost
property, 12 Ring Rock Road. Due to this fact and because lateral sand movement is primarily
west to east on the coastal bay in Brewster, he requested the Commission clarify that it is not
requiring sand to be applied annually to the entire length of 12 Ring Rock Road when work is only
being performed on this small portion of the revetment on its western end.
Judith Scherzo joined Mr. Perry in the second request; stating that some years, due to coastal
conditions, the beach fronting the subject properties may have an adequate amount of sand.
They requested that in these cases the Commission allow them the option of donating the annual
sand to nourish the coastal beach at a bay property off-site, and that this be allowed as a
component of the Order of Conditions for the project. They cited the Town of Brewster Ellis
Landing, as an example of an appropriate area for sand donation.
Brewster Conservation Commission Minutes May 7, 2014 1
As Mr. Perry was presenting this request from a prepared document* not previously submitted, he
submitted a copy for the file record at this time
The Commission will consider whether to require sand application on the entire length of the
coastal beach at 12 Ring Rock Road, and will consider the option of the applicants donating the
annual sand to nourish the coastal beach at a bay property off-site, as part of the permitting for an
Order of Conditions for this project.
Commissioner McKenna repeated the Commission's consensual decision of March 18 that
annual beach nourishment shall be required (regardless of the area deposited), in an amount
calculated based on the height(from toe to cap) and length of the revetment based on the
approved surveyed and engineered site plan.
Stephen McKenna moved, Michael Tobin seconded the motion to continue the hearing to June
17, 2014, to allow the applicant to submit calculations and documentation and revise the plan of
record accordingly, for the Commission's review of the final project design. The motion was
approved unanimously.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Notice of Intent,etc.
2. Cape Cod Engineering,Inc.,May 6,2014 letter Re:Judy Scherzo—Notice of Intent...22 and 0 Ring
Rock Road; Beach Nourishment Protocol
(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 7,2014(testimony),February 18,2014(no
testimony),March 18,2014(testimony taken),April 1 (no testimony),April 15(no testimony).
Summary of Applicant Testimony
Tom Stello, Eldredge Surveying and Engineering, LLC, Kevin Dauphinais, Hutker Architects,
Annie Griffenberg, Horiuchi-Solien Landscape Architects and Samuel Bodell, C. H. Newton
Builders, represented the applicants. Displaying a copy of the revised site and landscape plans*
they explained the revisions made at the request of the Commission at the March 18, 2014
hearing; as follows:
• The proposed reconstructed dwelling was moved landward and is now shown as
approximately 60 feet from the coastal bank.
• Grading within 50 feet of the coastal bank is eliminated.
• The septic system is outside of the 100 foot buffer zone to eliminate the variance of the
BWP By-law.
• The landscape mitigation plan is revised, keyed to depict numbers, species and size of
plants, with a notation that mitigation planting placement shall be reviewed with the
Conservation Administrator prior to planting.
• The landscape plan shows a four-foot wide natural path in the 50 foot buffer zone.
• An above-ground irrigation system in the 100 foot buffer zone for establishment of
mitigation planting will be removed when no longer required.
Summary of Conservation Commission/Staff Comments
Following discussion on the composition of the proposed four-foot wide path within 50 feet of the
coastal bank and assurances from the applicant that it shall remain unpaved and natural, the
Commission consensually agreed that the proposed project as so revised meets the variance
criteria as defined in the BWP By-law.
Brewster Conservation Commission Minutes May 7, 2014 2
Michael Tobin moved, Hayley Winfield seconded the motion to continue the hearing to June 3,
2014, to allow the Conservation Administrator to draft findings and special conditions for an Order
of Conditions for the project. The motion was approved unanimously.
Following a brief discussion, Stephen McKenna moved, Hayley Winfield seconded the motion to
rescind the above vote. The motion was approved unanimously.
Stephen McKenna moved, Hayley Winfield seconded the motion to continue the hearing to May
21, 2014, to allow the Conservation Administrator to draft findings and special conditions for an
Order of Conditions for the project. The motion was approved unanimously.
1. Notice of Intent for Richards
2. Locus Site Plan,Stephen C.and Christine A.Richards...Eldredge Surveying&Engineering„LLC,
revised 4/22/14 Sheets 1 and 2
3. Horiuchi-Solien Landscape Architects Richards Residence rev.Date 5/07/14 sic submitted 4/23/14
(Continued Hearing)William Hanney proposes to relocate an existing dwelling to an off-
site location and construct a new dwelling with associated restoration, in and within 50
feet of coastal resource areas,on 29 Captain Dunbar Road, Assessors' Map 91, Parcel 37
(formerly 7/12).
Eligible voters: All.Hearing opened on April 15,2014(no testimony taken)
The project proponent submitted a written request to continue the above referenced hearing to
May 21, 2014. Michael Tobin moved, Hayley Winfield seconded the motion to continue the
hearing to May 21, 2014. The motion was approved unanimously.
(Continued Hearing)William J. Hanney proposes to demolish an existing building and
replace it with a proposed relocated dwelling, to be reconstructed primarily on an open
piling foundation,within coastal dune resource area(s), on 35 Captain Dunbar Road,
Assessors' Map 91, Parcel 38 (formerly 7/13).
Eligible voters: All.Hearing opened on April 15,2014(no testimony taken)
The project proponent submitted a written request to continue the above referenced hearing to
May 21, 2014. Michael Tobin moved, Hayley Winfield seconded the motion to continue the
hearing to May 21, 2014. The motion was approved unanimously.
(Continued Hearing)William and Lynn Kargman propose to remove an existing sand drift
fence and replace it with "modified" drift fencing constructed of 4"x4"slats, repair
existing sand filled tube engineering structures within the footprint of the existing
structures, backfill the area with compatible sand and re-vegetate with indigenous coastal
plantings. Property is on 290 Foster Road, Assessors' Map 79, Parcel 26 (formerly 6/9).
Eligible voters:Brogan,Evans,Klein,Tobin,Wightman.Hearing opened on April 15,2014(testimony taken)
The hearing of April 15, 2014 was continued to allow the Conservation Administrator to draft
findings and special conditions.
Following review, Michael Tobin moved, Hayley Winfield seconded the motion to close the
hearing, approve the project with findings and special conditions as drafted, and issue an Order of
Conditions. The motion was approved unanimously by Vice Chairman Bruce Evans,
Commissioners Shana Brogan,William Klein, Stephen McKenna, Michael Tobin and
Hayley Winfield.
(Continued Hearing)Town of Brewster proposes to improve drainage characteristics on
Linnell Landing Road in an effort to alleviate erosion/scouring and improve the water
quality of Cape Cod Bay, and improve the functions of the adjacent coastal dune resource
area—at Linnell Landing Road and Brewster Linnell Town Landing, Assessors' Map 103,
Parcel 14 (formerly 9/1-1).
Eligible voters:Brogan,Evans,Klein,Tobin,Wightman,Winfield.Hearing opened on April 15, 2014(testimony
taken)
Brewster Conservation Commission Minutes May 7, 2014 3
The hearing of April 15, 2014 was continued to allow the Conservation Administrator to draft
findings and special conditions.
Following review, Stephen McKenna moved, Hayley Winfield seconded the motion to close the
hearing, approve the project with findings and special conditions as discussed, and issue an Order of
Conditions. The motion was approved unanimously by Vice Chairman Bruce Evans,
Commissioners Shana Brogan,William Klein, Stephen McKenna, Michael Tobin and
Hayley Winfield.
(Continued Hearing)Town of Brewster proposes to repair, replace or maintain existing
stormwater detention basins and other stormwater management systems to control
stormwater runoff from entering Sheep's Pond and alleviate scour and erosion; on
Fisherman's Landing Road,Assessors' Map 62, Parcel 22 (formerly 40/19-8).
Eligible voters:Brogan,Evans,Klein,Tobin,Wightman,Winfield. Hearing opened on April 15,2014(testimony
taken)
The hearing of April 15, 2014 was continued to allow the Conservation Administrator to draft
findings and special conditions.
Following review, William Klein moved, Michael Tobin seconded the motion to close the hearing,
approve the project with findings and special conditions as discussed, and issue an Order of
Conditions. The motion was approved unanimously by Vice Chairman Bruce Evans,
Commissioners Shana Brogan, William Klein, Stephen McKenna, Michael Tobin and
Hayley Winfield.
Citizens' Forum
There was no public comment at this time.
Any Topics not reasonably anticipated by the Conservation Commission Chairman
1. Town of Brewster Order of Conditions SE 9- 1586, 0 Linnell Landing Road, 103/14
(formerly 911-1)
Natural Resources Director Miller requested workers be allowed to reposition existing
boulders unearthed during construction of a platform to a more appropriate area of the
coastal beach. The Commission consensually agreed to allow the request.
2. Town of Brewster Order of Conditions SE 9-1526, 0 Paine's Creel Road, 38/10
(formerly 1/6)
Mr. Miller explained that the small parking lot component of the above project is
scheduled to be completed in the first week of June, 2014, and sand nourishment will be
re-distributed and beach grass replanted.
3. Mant's Landing, 0 Robbins Hill Road,
Mr. Miller stated workers will soon complete installation of a sand drift fence intended to
deter pedestrians from the coastal dunes at this town landing.
Show Cause HearingsNiolations
1. 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;
• Ratification of Enforcement Order dated April 16, 2014, for alteration within 100 feet
of inland resource areas,45 Candlestick Lane
Michael Tobin moved, Hayley Winfield seconded the motion to ratify the above
referenced enforcement order. The motion was approved unanimously.
• Update on Plan
The Commission discussed its April 15, 2014 request for an opinion of Brewster Town
Counsel as to ownership of the Blue Flax Land Management/Restoration Plan and
Narrative*for 45 Candlestick Lane as revised on December 4, 2013.
Brewster Conservation Commission Minutes May 7, 2014 4
Town Counsel submitted an opinion**that the Conservation Commission is not in a
position to ascertain whether the restoration plan submitted by the applicant"can be
used" under the subject of a dispute between Ms. Paulay and its creator, the contractor.
Commission discussion centered on the need for the implementation and monitoring of a
planting plan.
Michael Tobin moved, Hayley Winfield seconded the motion to accept the Blue Flax Land
Management/Planting Plan and Narrative*for 45 Candlestick Lane. The motion was
approved unanimously.
*Documents discussed:
April 28,2014 letter to James Gallagher...from Sarah A.Turano-Flores Re:Forrestine L.Paulay,45
Candlestick Lane,Brewster
See minutes of October 22, November 6, November 20,December 3,December 17,2013,and January
7,February 4, March 4, April 1 and April 15,2014,Show Cause Hearings/Discussions,Forrestine L.
Paulay.
Requests for Administrative Review
1. Diane Stoffel, 50 Dennison Road,69/109(5/65),stair replacement/expansion
The Conservation Administrator believed the above referenced project meets parameters
for an activity under the Commission's Administrative Review process. Following
discussion, Stephen McKenna moved, Hayley Winfield seconded the motion to approve
the project. The motion was approved unanimously.
2. Vincent and Leah Pesce, 187 Fox Meadow Drive, 101/34(13/41)cesspool upgrade
to Title V septic system 100 feet from wetlands
The Commission took no action on this request.
3. J. R.Williams/S.B.Jones/Elizabeth Currier...197 Cemetery Road, 50/20(3/12),
vehicle construction access for re-shingling,trim replacement, in and/or within 50
feet of coastal resource areas
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. February 4, 2014
2. February 18, 2014
3. March 4, 2014
Having reviewed the above referenced minutes, Stephen McKenna moved, Hayley Winfield
seconded the motion to approve them as written. The motion was approved unanimously.
Discussions
Fertilizer
The Commission discussed a letter from citizen Matthew Cannon*, expressing his concern to
the Commission over having noticed many Brewster residents using various types of
fertilizers, herbicides and pesticides on their properties. He requested the Commission's
efforts on educating the public as to these chemicals' adverse environmental effects.
The Commission discussed that an article creating a town-wide local by-law on fertilizer
restrictions may be an article for the November 17, 2014 Town Meeting.
Following discussion on the following existing wetland permit standard special condition on
fertilizers:
Any fertilizers used within 100 feet of any wetland resources shall be listed by or
comprised of organic ingredients consistent with the United States Department of
Agriculture National Organic Program(NOP). Organic fertilizers shall be used in an
appropriate manner for the conditions of the subject property, and applied in accordance
to the manufacturer's specifications.
Brewster Conservation Commission Minutes May 7, 2014 5
-the Commission consensually agreed to eliminate it in favor of a standard special condition
disallowing fertilizers within 100 feet of wetlands.
The Commission specified that temporary use of organic fertilizes may be allowed in special
cases.
*Document discussed:
1. Letter to Brewster Conservation Commission from Matthey Cannon,5/6/14
2. Special Conditions,Orders of Conditions
Brewster Conservation Day,July 12, 2014
The Commission discussed the above referenced upcoming event and will do so in more
depth at the meeting of May 21, 2014.
Report of the Conservation Administrator
1. Release of Performance Bond to Ann Ellis, Property on 35 Captain Dunbar Road
Following brief discussion, Stephen McKenna moved, Hayley Winfield seconded the
motion to approve release of the above referenced performance bond. The motion was
approved unanimously.
2. Reschedule Work Session for Comprehensive Permit(40B)Application, 13-22
Cape View Development LLC/Brewster Landing, 0 Sachemus Trail,Assessors' Map
78, Parcel 137 (formerly 15/125-2).
Following brief discussion, the Commission consensually agreed to set a tentative date of
Monday, June 2, at 6:00 PM, for a work session discussion of the above captioned
project.
Any Topics not reasonably anticipated by the Conservation Commission Chairman
(continued)
1. 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—Violation Enforcement Order
At the February 4, 2014 Show Cause Hearing for the above violation, the Conservation
Commission determined the restoration plan shall be amended to include six native scrub
oak(Quercus ilicifolium) and six Eastern red cedar(Juniperus virginiana)trees, to add
diversity to the proposed restoration plan.
As the property owners were unable to obtain scrub oak, at this time the Commission
consensually agreed they may substitute another appropriate coastal native tree species to
meet the diversity requirements of the site plan.
At approximately 9:00 PM, Hayley Winfield moved, Michael Tobin seconded the motion to
adjourn the meeting. The motion was approved unanimously.
The meeting adjourned at approximately 9:00 PM.
Carol Spade
Among the list of documents*for this meeting is the following:
Administrative Report of the Conservation Administrator,May 7,2014 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
Brewster Conservation Commission Minutes May 7, 2014 6