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Home My Public Portal AboutConservation Commission -- 2014-09-23 Minutes 1.7..1 ...., Brewster Conservation Commission Minutes—Meeting Under t, MA General Laws Chapter 40, Section 8C, la '. Massachusetts General Law Ch. 131, §40, Wetlands Protection Act(WPA), 310 CMR 10.00 Regulations ;1` 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 —9.15 Call to Order Chairman Paul Wightman convened the Tuesday, September 23, 2014 meeting of the Brewster Conservation Commission at 7:45 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present Vice Chairman Michael Tobin, Commissioner William Klein, Alternate Member Virginia lannini, Chairman Paul Wightman, Conservation Administrator James Gallagher, Natural Resources Director Chris Miller, Department Assistant Carol Spade Not Present Commissioners Shana Brogan, Bruce Evans, Stephen McKenna, Hayley Winfield 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) Robert A. and Suzanne E. Boas propose to create filtered views to Long Pond by pruning, removing two oak species and reducing the height of beech tree species,within 100 feet of inland wetlands, on 299 Landing Drive, Assessors' Map 82, Parcel 64(formerly 48117). Eligible voters:Evans,Klein,McKenna,Tobin,Wightman(lannini)Hearing opened September 10,2014 (testimony taken) Summary of Applicant Testimony Robert Boas and Suzanne Boas attended. This hearing was continued to allow the Conservation Administrator to draft findings and special conditions for the Commission's review and discussion for an Order of Conditions for the project. Following review of findings under the WPA and special conditions under the WPA and BWP By- law, Michael Tobin moved, William Klein 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 Commissioners Tobin, Klein, lannini and Wightman. Chairman Wightman and the Conservation Administrator reviewed for those attending, the status* of the below referenced project. (Continued Hearing under the WPA only) 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 Brewster Conservation Commission Minutes September 23, 2014 1 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,Tobin,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)February 18(testimony taken),March 4(no testimony),April 15(no testimony),May 21 (no testimony),June 3(no testimony),June 17(no testimony)July 15(no testimony),August 5(no testimony),August 19(no testimony),September 10,(testimony taken). The project proponent submitted a written request to continue the above referenced hearing to October 7, 2014. Michael Tobin moved, William Klein seconded the motion to continue the hearing to October 7, 2014. The motion was approved unanimously. *See minutes of all of the above referenced testimonial hearings. Note: Because the two projects are interrelated,the Commission agreed to hear the two Notices of Intent referenced below as one collective hearing. (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: Brogan,Evans,Klein,lannini Hearing opened on April 15,2014(no testimony taken),May 7(no testimony),May 21 (no testimony),June 3(testimony taken),July 1 (no testimony),July 15(no testimony), August 5(testimony taken),September 10(no testimony). (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: Brogan,Evans,Klein,lannini Hearing opened on April 15,2014(no testimony taken),May 7(no testimony),May 21 (no testimony),June 3(testimony taken),July 1 (no testimony),July 15(no testimony), August 5(testimony taken),September 10(no testimony). The project proponent submitted written requests to continue the above referenced hearings to October 7, 2014. Michael Tobin moved, William Klein seconded the motion to continue the hearings to October 7, 2014. The motion was approved unanimously. Pleasant Bay Community Boating proposes to install a new septic tank(s)for the upgrade of a failed system, parking improvements, associated grading and site improvements for a commercial project within 50 and 100 feet of wetlands and within the state designated Area of Critical Environmental Concern (ACEC).Total project area overlaps three towns (Orleans, Brewster and Harwich)—on 2070 Route 28, Assessors' Map 149, Parcel 1 (formerly 53/28). 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 John O'Reilly, PE, PLS, J. M. O'Reilly, Inc., represented the applicant. He described the proposed project and the resource areas, as contained in the Notice of Intent, narrative, request for variance under the BWP By-law and accompanying displayed plan*. He stated the property is now to be used commercially, for a sailing program. He explained that the resource areas within the boundaries of the town of Brewster include a coastal bank to Pleasant Bay, land subject to flooding and bordering vegetated wetland. The project is also located in the Massachusetts Department of Environmental Protection designated Pleasant Bay Area of Critical Environmental Concern (ACEC)within the boundaries of the Town of Brewster. He listed the proposed project components jurisdictional to Brewster, stating that the septic component is outside of 50 feet to the coastal bank. The other components include an impervious parking area and associated grading, an access ramp and landing and a pedestrian path, and are Brewster Conservation Commission Minutes September 23, 2014 2 within 50 feet of the coastal bank. He stated that the impervious parking area for this commercial project is necessary for compliance with the American Disability Act(ADA), as are the access ramp and landing connecting the parking lot to an existing building. Summary of Staff Comments Referencing his agenda comments, Mr. Gallagher stated that the Commission does not typically allow impervious parking in buffer zones. At his request, Mr. O'Reilly addressed the way in which runoff from the ADA compliant public parking area will be contained. Summary of Conservation Commission Comments Based on the Conservation Administrator's observations, the Conservation Commission consensually confirmed the top of coastal bank, the resource area closest to the project, accurate as shown on the site plan (the bordering vegetated wetland to the west having been determined by prior survey). Following discussion, the Commission established that any Order of Conditions shall condition that drainage from the impervious parking area be designed appropriately (i.e. gravel swales, etc.), away from all resource areas, as detailed by Mr. O'Reilly at this hearing. Summary of Public Comments There was no public comment. Michael Tobin moved, William Klein seconded the motion to continue the hearing to October 7, 2014, to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project based on the above discussion. The motion was approved unanimously. *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Site Plan, Pleasant Bay Community Boating Rt.28 Orleans,Brewster&Harwich MA,Sheets 1 and 2, 9/5/14,Narrative,9/5/14 J.M.O'Reilly... 2. Rare Species,310 CMR 10.59 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 Hearing/Violation *Robinwood Homeowners Association, Inc., unauthorized clearing and removal of vegetation and placement of fill in and within 100 feet of inland wetland resources on Robinwood Homeowners Association Common Land, 0 Holly Avenue,125/91 (29/58, 999) *Philip I. Kenney and Denise A.Vettori, unauthorized clearing and removal of vegetation and placement of fill in and within 100 feet of inland wetland resources on Robinwood Homeowners Association Common Land,0 Holly Avenue,125/91 (29/58,999) The cleared areas are within Estimated and Priority Habitats of Rare Species as shown on the MA Natural Heritage and Endangered Species Map*. Lester J. Murphy, Jr., Counsel for Robinwood Homeowners' Association, Jan Evans, representing Robinwood Homeowners' Association, and Denise Kenney representing Philip I. Kenney and Denise A. Vettori, attended. Mr. Murphy explained the past history of the removal of woody vegetation, in violation of the WPA and BWP By-law, on land held in common by the association. Mr. Murphy stressed that the association did not authorize this activity and that one individual did the cutting. The Brewster Conservation Commission Minutes September 23, 2014 3 enforcement order issued to the legal owner of the land, Robinwood Homeowners' Association, required submittal of a revegetation plan showing native trees and shrubs appropriate to the area and resultant planting, neither of which occurred. The Association wishes now to address the outstanding issues and what it believes to be continued cutting on the part of(again) one member of the association, and has hired an environmental consultant to complete a site plan showing restoration of the area and a fence clearly delineating the legal boundaries of the common land. Mr. Murphy requested the Commission inform him of the type of remediation it will require at this time to restore the Commission's jurisdictional area to its natural state. Denise Kenny submitted photos of the subject area for the file showing the area as it presently exists. She stated that her family altered the vegetation in 1997, but has not done so since and the natural plantings have re-emerged. Summary of Staff/Conservation Commission Comments Responding to Chairman Wightman's request for comment, Mr. Gallagher reviewed* the 1997 Brewster Conservation Commission enforcement order*to Robinwood Homeowners' Association for removal of native woody vegetation and application of fill in and within 100 feet of a wetland. The violation was unresolved, and the areas should be restored with native vegetation, as contained in the enforcement/cease and desist orders* issued by the Commission to the above parties on August 21, 2014. Following discussion on the cooperative effort needed among all owner members of the Robinwood Homeowners' Association, Michael Tobin moved, William Klein seconded the motion to continue the show cause hearing to October 21, 2014, to await and review a restoration plan showing appropriate* native shrub species high in wildlife value. The motion was approved unanimously. *Relevant Documents: 1. Rare Species,310 CMR 10.69 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. Photos(4)submitted by Denise Kenney 3. Enforcement Order...issued on June 12,1997 4. Enforcement Orders,Robinwood Homeowners'...Kenney issued on August 21,2014 5. Conservation Commission minutes,July 15,2014,August 5,2014 Discussions/Report of the Conservation Administrator 1. Review of 2014-2015 Hunting Policy Following discussion, Michael Tobin moved, William Klein seconded the motion to renew the existing policy. The motion was approved unanimously. The Commissioners signed the policy. The Commission will discuss the prospect of allowing hunting on other lands under its care, custody and control at its meeting of October 7, 2014. 2. State Senate letter on proposed environmental protection budget cuts The Commission took no action on the above item. Requests for Administrative Review 1. Brewster Historical Society, Inc., 739 Lower Road, 57/4 (17/1-16)vegetation removal As contained in his Administrative Report and accompanying photos, 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, William Klein seconded the motion to approve the project. The motion was approved. Virginia lannina abstained. Brewster Conservation Commission Minutes September 23, 2014 4 2. Ian Dyson, 152 Canoe Pond Drive, 23159 (36/226) deck expansion As contained in his Administrative Report and accompanying photo, 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, William Klein seconded the motion to approve the project. The motion was approved unanimously. 3. Brewster Water Department, 142 Breakwater Road, 58/55 (4/52-2) replacement of water service line As contained in his Administrative Report, the Conservation Administrator believed the above referenced project meets parameters for an activity under the Commission's Administrative Review process. Following discussion, William Klein moved, Michael Tobin seconded the motion to approve the project. The motion was approved unanimously. Review and Approval of Minutes 1. September 10, 2014 The Commission postponed review of the above referenced minutes to the following meeting. At 8:35 PM, William Klein moved, Michael Tobin seconded the motion to adjourn the meeting. The motion was approved unanimously. The meeting adjourned at 8:35 PM. Carol Spade *Note: The words, "wetland"and"resource area"are synonymous. The 100 and 50 foot buffer zone is the protective upland area located within 100 and 50 feet of a wetland. Among the list of documents*for this meeting are the following: 1. 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 2. (Brewster Conservation Commission)Acceptable Plantings for Buffers to Resource Areas 3. Administrative Report of the Conservation Administrator,September 23,2014 meeting 4. Meeting audio recording,and video recording, Town of Brewster Website http://town.brewster.ma.us Brewster Conservation Commission Minutes September 23, 2014 5