HomeMy Public PortalAboutConservation Commission -- 2014-11-05 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 —9.15
Call to Order
Chairman Paul Wightman convened the Wednesday, November 5, 2014 meeting of the Brewster
Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster,
MA.
Present
Commissioners Shana Brogan, Bruce Evans, William Klein, Stephen McKenna, Chairman Paul
Wightman, Alternate Member Virginia lannini, Conservation Administrator James Gallagher,
Natural Resources Director Chris Miller, Department Assistant Carol Spade
Not Present
Vice Chairman Michael Tobin, Commissioner 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
Review and Discussion of Conservation Restriction*
Andrew L. Singer: Review of Conservation Restriction, Maplewood at Brewster(formerly
known as M. P. Renaissance), 0 Harwich Road, 63/2 (40/9-1R)—Signatures
The Commission discussed the above Conservation Restriction informally at its meetings of
August 19 and September 10, 2014.
Andrew Singer, counsel for the applicant, briefly re-presented the project, adding that subsequent
to September 10, as requested by the Conservation Commission, all structures in the proposed
CR area were removed. He specified that the restricted land has no public access.
Stephen McKenna moved, Shana Brogan seconded the motion to accept 12.8 acres of the
property through a Conservation Restriction to be conveyed to the Town of Brewster acting by
and through the Conservation Commission. The motion was approved unanimously. The
Conservation Commission signed the document at this time.
Document
1. Conservation Restriction,Maplewood at Brewster(formerly known as M.P. Renaissance),0 Harwich
Road,63/2(40/9-1 R)
2. Minutes of August 19,2014,September 10,2014.
Public Hearings
Notice of Intent
(Continued Hearing) Amundson Family Realty Trust proposes to place approximately 500
cubic yards of compatible sand onto a coastal beach. Access will be sought from Linnell
Landing, on 18 Muskrat Lane, Assessors' Map 103, Parcel 11 (formerly 9/50).
Brewster Conservation Commission Minutes November 5, 2014 1
Eligible voters:Brogan,Klein,McKenna,Tobin,Wightman,Winfield(lannini)Hearing opened October 21,2014
The hearing of October 21, 2014 was continued to allow receipt of 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 effect on Priority Habitat for non-wetlands plant and
wildlife under the MA Endangered Species Act(MESA), and Estimated Habitat Map of Rare
Wildlife under the WPA-and for the Conservation Administrator to draft findings and special
conditions for an Order of Conditions for the project.
Mr. Gallagher explained that having not received a response from NHESP within the required 30
day response time, he found the project is located on the Natural Heritage and Endangered
Species Map as Priority Habitat(MA Endangered Species Act[MESA]) only. However, John
O'Reilly, PE, representative for the applicant, has stated he will contact NHESP for further
information.
Following review of findings and special conditions under the WPA and BWP By-law, Stephen
McKenna moved, William Klein seconded the motion to close the hearing, approve the project with
findings and special conditions, and issue an Order of Conditions. The motion was approved by
eligible voters Brogan, Klein, McKenna and Wightman. Bruce Evans abstained.
(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),September 23(no testimony),October 21,2014(no
testimony)
The project proponent submitted a written request to continue the above referenced hearing to
November 19, 2014. William Klein moved, Shana Brogan seconded the motion to continue the
hearing to November 19, 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: 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),September 23(no testimony),October 21 (no
testimony)
The project proponent submitted a written request to continue the above referenced hearing to
November 19, 2014. William Klein moved, Stephen McKenna seconded the motion to continue
the hearing to November 19, 2014.The motion was approved unanimously.
Associate Member Virginia lannina was recused from the following hearing.
Sears Point Condominium proposes to construct a rock revetment coastal engineering
structure at the toe of a coastal bank and nourish a coastal landform with sand, on Sears
Point Drive, Assessors' Map 57, Parcel 3 (formerly Assessors' Map 4).
Eligible voters:Brogan,Evans,Klein,McKenna,Tobin,Winfield,Wightman The hearing opened on October 7,
2014(testimony taken)
Summary of Applicant Testimony
Jason Norton, Coastal Engineering, Inc., represented the applicants.
The hearing of October 7 was continued to allow time for the Conservation Administrator to
contact independent professional environmental consultant(s)to research the site and the Sears
Point Condominium Association's application and submit a review proposal to the Commission, to
assist it in its permit decision.
Brewster Conservation Commission Minutes November 5, 2014 2
Mr. Gallagher stated that he obtained a proposal*from one of the contacted consultants,
Professional Coastal Geologist from Woods Hole Group, and forwarded a copy of it to the
applicant.
At this time, Mr. Norton explained his client wished to discuss options to the submitted proposal.
The Commission determined to obtain proposals from additional professional coastal consultants
and to request the Woods Hole Group consider reducing the scope of its review.
Stephen McKenna moved, William Klein seconded the motion to continue the public hearing to
November 19, 2014, to reach a consultant review decision based on this hearing discussion. The
motion was approved unanimously.
Citizens' Forum
There was no public comment at this time.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Sears Point Condominium Association Plan Showing Proposed Shorefront Protection,8/18/14 Coastal
Engineering Company,Inc.Narrative,Variance Request
2. October 23,2014 RFP letter,Proposal for Consultant Review of...NOI,Sears Point... Leslie Fields,
Coastal Geologist CFM,Woods Hole Group
Topics not reasonably anticipated by the Conservation Commission Chairman
Brewster Town Landings
Mr. Miller explained he sent written statements*with photos to the Conservation Administrator
regarding coastal erosion and related issues resulting in part from the most recent storm
(November 1 through November 3, 2014) at some of Brewster's coastal landings; as follows:
1. Breakwater Town Landing Beach 58/37 (4/55), Drainage Outfall Pipe
Mr. Miller stated that flooding occurred recently along Breakwater Road. The Brewster
Department of Public Works (DPW) discovered the drainage outfall pipe in the waters off
Breakwater Town Landing was blocked with sand and, as depicted in one photo, broken
apart. It is possible this blockage caused the flooding.
Mr. Miller referenced Order of Conditions SE 9-993 issued in 1999, in which the
Commission permitted extending the existing outfall pipe, in part to prevent such flooding.
He stated that a portion of that pipe was destroyed/dislodged, very likely during recent
storm event(s). Mr. Miller believed a significant storm may cause further destruction of
the pipe, and requested the Commission determine the level of permitting required to
repair the outfall pipe to the condition permitted under this Order of Conditions.
The Commission discussed the conditions as shown in the photos, showing the outfall
pipe and its remaining components in the coastal resource area(s).
The Commission discussed the maintenance exemption provided under the BWP By-law,
as follows:
§ 172-3. Exemptions.
A. The permit and application required by this chapter shall not be required for
maintaining, repairing or replacing an existing and lawfully located structure or facility
which is used in the service of the public to provide electric,gas,water, sanitary sewer,
storm drainage, public roadway,telephone,telegraph or other telecommunication
services,provided that written notice has been given to the Conservation Commission
prior to the commencement of work that the structure or facility will not be, in the opinion
of the Conservation Commission, substantially changed or enlarged, and provided that
any work done conforms to the performance standards and design specifications in
regulations adopted by the Conservation Commission.
Brewster Conservation Commission Minutes November 5, 2014 3
The Commission consensually agreed the above captioned written statements and
photos Mr. Miller submitted constitute written notice for the maintenance pipe
replacement .
As recommended by Mr. Gallagher, the Commission consensually agreed that work
requiring excavation of the coastal resources will require a new Notice of Intent filing.
Citizen Henry Hayes attended, requesting the reason for proposed changes to
Breakwater Landing (and item captioned below):
2. Breakwater Town Landing Beach 58/37 (4/55), Geotechnical test pits
Mr. Miller explained the town will soon submit a Notice of Intent proposing a measured
retreat of the existing parking lot. He stated the project will remove a northerly portion of
the pavement and restore it to dune area, and create an unpaved parking area south of
the existing parking lot on this town property. Geotechnical test pits in the dune area are
needed to determine the soil components underneath its surface in preparation for this
application.
3. Wind-blown sand on coastal town landing parking lots
Mr. Miller stated that the DPW requests the Commission determine if it will allow the
transfer of wind-blown sand on town parking lots to beaches at other coastal town
landings in certain cases.
The Commission responded it will require the sand on each parking lot be transferred
onto its directly fronting coastal beach and not transferred to other town landing beaches.
This sand deposition is allowed under the BWP By-law§ 172-3. Exemptions;maintenance
(as shown above).
Mr. Miller added that the recent natural sand deposition from these storms has essentially
benefited Brewster's coastline.
Request for Certificate of Compliance
1. Nancy J. Taft, Order of Conditions SE 9-1523, 385 Crowell's Bog Road, 62/40 (41/5-
1), dock
Following the recommendation of the Conservation Administrator that the project
complies with the Order of Condition contingent on ongoing Condition Numbers B11
through B20, Stephen McKenna moved, William Klein seconded the motion to approve
the above referenced Certificate of Compliance under the MA ACT and BWP By-law, with
the ongoing conditions shown below. The motion was approved unanimously.
B11. All seasonal components shall be stored and secured at an approved site. The seasonal dock
shall be removed before November 30 of each year,and shall not be reinstalled until after May 15.
B12.All materials used to reconstruct and maintain the dock shall be consistent with high water
quality goals. All replaced hardware shall be corrosion resistant. Use of chemically treated wood is
strictly prohibited for any portion of the structure.
B13. Exterior lights or electric service on the structure shall not be permitted.
B14. Storage of gasoline,oil,grease,pollutants or hazardous materials on the dock is prohibited.
B15.The Conservation Commission strongly recommends the use of electric motors to eliminate
water quality impacts,for the protection of fin-fish and other wildlife habitat,and for the protection of
the drinking water supply.Moorings shall have as short a scope as possible,so that anchor chains do
not scour the bottom of the pond.
B16. No boat shall be berthed at the dock such that at any time less than one foot of water lies
between the bottom of the boat and the substrate.
B17.The dock and ramp shall be labeled (using 3"numbers in a contrasting color)with the owner's
name and street address.
Brewster Conservation Commission Minutes November 5, 2014 4
B18.The applicant may repair damaged portions,but not reconfigure or expand the structure. As
much of the repairs as possible shall be performed in the upland. Pilings or posts shall not be
replaced without a new permit.
B19.The dock shall be elevated over the bank or wetland,according to the plan. The distance
between the decking shall be a minimum of 3/8 inch.
B20.There shall be no lights installed on or near the structure.
Requests for Administrative Review
1. Rosemary Van Antwerp, 83 Run Hill Road, 35/26 (36/14), removal of uprooted and
leaning trees
2. Cameron Ferguson, 537 Crowell's Bog Road, 72/23 (41/8-2),tree removal
3. Kelly and Frank Farrell,451 Main Street, 16/22 (22/19-4) diminish cobble apron and
re-grade, no expansion
4. Irene Hogan DeCamp, 153 Stonehenge Drive, 67/60 (16/78-31)tree, invasive plant
removal
5. Captain Del Associates, 261 Linnell Landing Road, 103-13 (9/1-0), deck
improvements
6. Town of Brewster, Breakwater Landing 58/37 (4/55), geotechnical test pits
(discussed above)
The Conservation Administrator described all of the above referenced Administrative
Review requests. He believed projects 1 through 5 meet parameters for activities under
the Commission's Administrative Review process. Project 6 was discussed further.
Following discussion on specifics of the projects, Stephen McKenna moved, Michael
Tobin seconded the motion to approve all of them. The motion was approved
unanimously.
Review and Approval of Minutes
1. October 7, 2014
Having reviewed the above referenced minutes, Shana Brogan moved, William Klein
seconded the motion to approve them as written. The motion was approved
unanimously.
2. October 7, 2014 Executive Session
The Commission postponed review of the above referenced minutes to the following
meeting.
Discussions/Report of the Conservation Administrator
1. Report from Virginia lannini, Representative, Orleans Water Quality Advisory Panel
Ms. lannini explained that when an executive summary of the advisory panel is
completed, she will present it to the Commission.
2. Discussion on potential of mountain bike trails in Punkhorn Parklands
The Cape Cod Chapter of the New England Mountain Bike Association requested the
Conservation Commission advise as to whether it would consider the concept of trail
creation for mountain bikes in the Punkhorn Parkland conservation area. The
Conservation Administrator suggested the Commissioners express their opinions
informally at this time.
Following board polling and discussion and staff comment, the Commission consensually
agreed it would not support creating trails for off-road vehicles in the Parklands at this
time, due, as specified by Natural Resources Director Chris Miller, to resultant erosion,
lack of staff to manage the area for compliance and conflict with existing allowed passive
recreational uses.
Any Topics not reasonably anticipated by the Conservation Commission Chairman
(continued)
Brewster Conservation Commission Minutes November 5, 2014 5
1. Stephen C. and Christine A. Richards, Order of Conditions SE 9-1593,
reconstruction of a single family dwelling, driveway reconfiguration —some work
within 50 feet of coastal and inland wetland resources,36 Arnold's Cartway,
Assessors' Map 38, Parcel 69 (formerly 2/33-1).
Following explanation and discussion, the Commission consensually agreed to extend
the time period for final mitigation planting to the spring of 2015 on this temporarily
stabilized lot.
Document:
1. October 31,2014 letter from Horiuchi...to James Gallagher:Mitigation Plantings...
2. Order of Conditions SE 9-1543 and SE 9-1578 Ernest and Margaret Nazzaro, gravel
driveway from Byfield Cartway, dwelling reconstruction, on 38 Saint's Landing,
Assessors' Map 50, Parcel 5 (3/3).
Following explanation, the Commission consensually agreed that proposed plan
changes, driveway modification and retaining wall construction, are minor modifications
to the plans of record and will not require amending the Order of Conditions.
At 8:15 PM, Bruce Evans moved, William Klein seconded the motion to adjourn the meeting. The
motion was approved unanimously.
The meeting adjourned at 8:15 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
4. Meeting audio recording,and video recording, Town of Brewster Website http://town.brewster.ma.us
Brewster Conservation Commission Minutes November 5, 2014 6