HomeMy Public PortalAboutConservation Commission -- 2014-11-19 Minutes Brewster Conservation Commission Minutes—Meeting Under
0)).),
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
Vice Chairman Michael Tobin convened the Wednesday, November 19, 2014 meeting of the
Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street,
Brewster, MA.
Present
Vice Chairman Michael Tobin, Commissioners Shana Brogan, Bruce Evans, William Klein,
Alternate Member Virginia lannini, Conservation Administrator James Gallagher, Natural
Resources Director Chris Miller, Department Assistant Carol Spade
Not Present
Chairman Paul Wightman, Commissioners Stephen McKenna, Hayley Winfield,
Vice Chairman Tobin 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)Town of Brewster proposes a restoration project to reduce the
potential for further erosion of the coastal beach and the paved surface at the north end of
the existing parking lot at Ellis Town Landing. Specifics include removal of an existing
rock revetment and drainage culvert and galleys, and removal of the existing parking lot; a
parking area and stormwater infiltration system are proposed directly landward (south).
The existing parking area is proposed to be stabilized and planted with native coastal
plantings. Property is on 0 Ellis Landing Road, Assessors' Map 91, Parcel 42 (formerly
7/16-1).
Eligible voters:All.Hearing opened September 10,2014(no testimony)
The project proponent submitted a written request to continue the above referenced hearing to
December 2, 2014. Bruce Evans moved, William Klein seconded the motion to continue the
hearing to December 2, 2014. The motion was approved unanimously.
(Continued 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,Wlghtman The hearing opened on October 7,2014(testimony
taken)November 5,2014(testimony taken)
The project proponent submitted a written request to continue the above referenced hearing to
December 2, 2014. Bruce Evans moved, William Klein seconded the motion to continue the
hearing to December 2, 2014. The motion was approved unanimously.
Note:Because the two projects are interrelated, the Commission agreed to hear
the two Notices of Intent referenced below as one collective hearing.
Brewster Conservation Commission Minutes November 19, 2014 1
(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 (no
testimony),November 5,2014(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),September 23(no testimony),October 21 (no
testimony),November 5,2014(no testimony)
The most recent testimonial hearing (August 5, 2014)was continued to allow the applicant time to
consider concerns expressed by the Commission at that time, and to accomplish and submit
information including:
1. Revised site plans showing the Federal Emergency Management Act(FEMA) Flood
Insurance Rate Map (Firm), effective on July 16, 2014, and project work limit closer to the
structure where possible on 35 Captain Dunbar Road
• Any necessary revisions to the elevation/foundation plan(s)
2. Detail on piling/pilaster foundations for 29 and 35 Captain Dunbar Road
3. A revised mitigation plan showing removal of all of the invasive non-native vegetation;
revegetation with diverse native plantings appropriate for this coastal environment.
4. -And to submit an application to the Zoning Board of Appeals.
Summary of Applicant Testimony
Robert Perry, PE, Cape Cod Engineering, Inc., represented the applicant.
Mr. Perry explained that as the result of the August 5 hearing, the site plans* have been revised
to reflect the effective flood zone changes and work limit, and for a reduction in the western
portion of the dwelling on 35 Captain Dunbar Road. Both also show revisions in the square
footprint dimensions of each building's utility crawl space. The mitigation/restoration plan*for both
dwellings was revised to reflect the updated flood zone, work limit, removal of the many invasive
vegetation species on the lots and resultant revision to the proposed plantings. He stated that the
open foundations of each dwelling are designed to prevent runoff from the roof in a manner that
will not adversely affect the coastal dune, as contained in conservation notes on the plans.
Summary of Staff/Conservation Commission Comments
During lengthy discussion with Mr. Perry, the Commission's continuing*concerns over
environmental impacts of the projects included the buildings' increase in mass and crawl space
dimensions, as discussed on August 5, and a suggestion that the Conservation Commission
request that all applicable town boards receive a copy of the Notice of Intent and file written
comments with the Commission in accordance with §172-6 of the BWP By-law.
Mitigation concerns included insurance that all invasive plants will be removed, a (second)
request that the existing patio on the south side of the dwelling on 29 Captain Dunbar Road be
removed as mitigation additional to the native plantings proposed on the mitigation/restoration
plan, and that the proposed non-native Rosa rugosa be eliminated from that plan, substituted with
plantings from the Commission's approved* planting list.
The Conservation Administrator stressed that the crawl space foundation of the dwelling on 35
Captain Dunbar Road is located in the primary dune and would interfere with the lateral dune
Brewster Conservation Commission Minutes November 19, 2014 2
movement protected under both wetland laws. Accordingly, the Commission believed the
dwelling must be moved south to prevent the crawl space from impacting the coastal dune.
Mr. Gallagher further referenced discrepancies between the site plans and the revised
architectural plans* relative to sea level elevations.
Additionally, Mr. Gallagher requested clarification on the structural foundation footings of the
pilings on both buildings. He stated that should the Commission approve the two projects, he
would recommend a condition that the footings have no lateral connections (known as strip
footings).
Mr. Gallagher also stressed the importance of a condition mandating oversight of the invasive
species removal.
Following review, Bruce Evans moved, William Klein seconded the motion to continue the hearing
to December 16, 2014, to allow the applicant time to submit information, as follows:
1. Revised site plans showing the re-design of the crawl spaces on the structures on 29 and
35 Captain Dunbar Road with the structure on 35 Captain Dunbar Road moved out of the
coastal dune,
2. Removal of the existing patio on 29 Captain Dunbar Road,
3. Revision to the restoration plan eliminating the proposed Rosa rugosa,
4. Submittal of an application to the Zoning Board of Appeals for the projects.
Mr. Gallagher will ensure that coordination of applicable boards as contained in § 172-6 of the
BWP By-law is met.
The motion was approved unanimously.
*List of documents submitted for the Notice of intent and discussed at this hearing:
1. Sea Grant Coastal Processes Specialist Woods Hole Sea Grant/Cape Cod Cooperative Extension
Greg Berman,Coastal Processes Specialist June 27,2014
2. November 9,2014 Letter to Brewster Conservation Commission Re:29 and 35 Captain Dunbar Road,
Cape Cod Engineering
3. Topographic Site Plan for House Relocation off Site and Construction of a Single Family Dwelling at
29 Captain Dunbar Road Prepared by Cape Cod Engineering,Inc.,... rev.October 27,2014
4. Topographic Site Plan Showing Dwelling Relocation from an Adjacent Parcel and Related
Improvements at 35 Captain Dunbar Road...Prepared by Cape Cod Engineering,Inc.,...rev.October
27,2014
5. Topographic Site Restoration Plan for Dwelling Construction at 29&35 Captain Dunbar
Road...Prepared by Cape Cod Engineering,Inc.,...October 27,2014
6. Soil Evaluation,29 and 35 Captain Dunbar Road—Hand Auger,March 13 and 14
7. Hanney Residences...Steven C.Hayes,Architect,29 Captain Dunbar Road,October 27,2014
8. Hanney Residences,Steven C.Hayes,Architect,35 Captain Dunbar Road,October 27,2014
9. Letter submitted by electronic mall on November 18,2014 from Paul Roberts
10. Letter submitted by electronic mail on November 19,2014 from Thomas F.Laurin
11. June 3,August 5,2014 Minutes
Deborah Bond-Kennedy and Michael G. Kennedy propose to apply stone blocks in a wall
configuration at the top of an existing coastal engineering structure (rock revetment), re-
adjust existing stones and replace timber stairs with stone slab steps on the structure, on
306 Breakwater Road, Assessors' Map 58, Parcel 32(formerly 4/11).
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
Robert Perry, PE, Cape Cod Engineering, Inc., represented the applicants. He described the
resource area, history of alterations on the project site, and the project as contained in the Notice
of Intent, narrative, variance request and accompanying displayed plan*. He stressed that the
existing coastal engineering structure was originally constructed on a coastal dune, prior to the
effective date of the WPA 310 CMR 10.00 Regulations (August 10, 1978)as a steel bulkhead. In
Brewster Conservation Commission Minutes November 19, 2014 3
1992 the Conservation Commission approved the bulkhead replacement with the existing granite
revetment.
He stated the project is proposed to raise the elevation of the revetment two feet with the intent of
preventing the ocean spray from entering the dwelling and the wrack line debris from washing
onto the dwelling's connected deck. Stone slab steps on the revetment are also proposed, to
replace existing wooden steps.
Summary of Conservation Commission/Staff Comments
The Conservation Commission did not confirm accuracy of the resource areas or boundaries as
shown on the site plan at this time.
The Conservation Administrator recommended an outside professional consultant review the
project for performance standards, flood elevations and resource area delineation under wetland
laws.
Referencing existing erosion directly eastward of the subject revetment, as partially shown on the
site plan, the Conservation Administrator stated that he uses this site as an example in
demonstrating the "end" erosion effects of coastal engineering structures on down-drift properties.
As sand nourishment was not mandated by the Commission upon the revetment construction in
1992, Mr. Gallagher added that this project could serve as an opportunity for the Commission to
require the owners provide sand to the coastal beach to mitigate for those effects.
Commissioner Shana Brogan requested that the applicants consider alternatives to this project
for eliminating salt spray and wrack material on their dwelling.
Summary of Public Comments
Citizen Henry Hayes addressed the board, relaying that coastal engineering structures have been
proven to cause erosion to properties downdrift of them. He referenced specifically, a revetment
installed west of Breakwater Town Landing as evidence of this scientific fact.
William Klein moved, Bruce Evans seconded the motion to continue the hearing to December 16,
2014, to allow the process for consultant review and for the owners to consider an alternative to
the project. The motion was approved unanimously.
*List of documents submitted for the Notice of intent and discussed at this hearing:
1. Topographic Plan of Stone Revetment Cap Improvements-10/10/14,Narrative,Variance Request
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
Show Cause Hearings
1. (Continued Hearing) 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)
• Ratification of Amended Enforcement Order
2. (Continued Hearing) 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)
• Ratification of Amended Enforcement Order
Representative(s) for the above hearings requested to continue them to December 16,
2014. William Klein moved, Shana Brogan seconded the motion to continue the hearings
to December 16, 2014. The motion was approved unanimously.
Brewster Conservation Commission Minutes November 19, 2014 4
Bruce Evans moved, Shana Brogan seconded the motion to ratify the two above
referenced amended enforcement orders. The motion was approved unanimously.
The Commissioners signed the documents.
Ratification of Amended Enforcement Order
1. Susan and Terence Lichty,42 Barberry Lane, 68/13 (5/218), clearing and
destruction of vegetation within 100 feet of wetland resources
Bruce Evans moved, Shana Brogan seconded the motion to ratify the above referenced
amended enforcement order. The motion was approved unanimously. The
Commissioners signed the document.
Citizens' Forum
There was no public comment at this time.
Discussions
1. Order of Conditions SE 9-1570, Robert Newman, Ocean Edge Resort Limited
Partnership, construction of two seasonal docks, an observation deck and
recreational area on Blueberry Pond, at Ocean Edge; Blueberry Pond at Britterige
Village, Assessor's Map 89, Parcel 1-3358 (formerly 27/39)
— November 10, 2014 Letter from independent Environmental Consultants,
Inc. Re: Mitigation for Dock-Area 2, Blueberry Pond
Paul Shea, Independent Environmental Consultants, Inc., representing the Conservation
Commission in overseeing this project, met with the board.
As contained in the above letter, Mr. Shea explained that the applicant proposed to
remove the remains of an old pump house located at the edge of Blueberry Pond as a
component of project impact mitigation. The Brewster Conservation Commission
accepted the removal. However upon looking at the actual physical task of removing it, it
became apparent that the removal will involve heavy machinery and removal of mature
trees and shrubs, resulting in substantial environmental impacts.
He suggested the pump house be left in place, and recommended the Commission allow
the planting native shrubs and trees double the area of the square foot of the pump
house, within 50 feet of wetlands to the pond. He believed this proposal would result in
an increase of wildlife habitat areas and values.
The Conservation Administrator supported the proposal, conditional on removal of
hazardous material and wiring in the pump house, and the submittal of a site plan
showing this mitigation.
Following discussion, William Klein moved, Shana Brogan seconded the motion to accept
a plan as described above as a minor modification to the approved plan of record. The
motion was approved unanimously.
2. Order of Conditions SE 9-1574, Brewster Conservation Trust, 0 Lower Road, 49/135
(formerly 3/154-2), request to modify trail
Mr. Gallagher explained to the Commission, the trail modification at the above property,
as depicted on the submitted sketch plan*, and consensually agreed to the modification
as depicted.
*Document submitted:
1. Sketch of amended 2'/:mile trail submitted on 11/19/14
3. Review of 2015 Meeting Schedule
The Commissioners suggested preliminary changes to the above.
Report of the Natural Resources Director
Brewster Conservation Commission Minutes November 19, 2014 5
The Natural Resources Director had no report at this time.
Report of the Conservation Administrator
The Conservation Administrator had no report at this time.
Requests for Administrative Review
1. Thomas and Mary Stripling, 87 Bickford Path, 79/39 (6/106-1), removal of six
diseased trees, re-establish view corridor, plant native shrubs
The Conservation Administrator believed the above referenced project meets parameters
for an activity under the Commission's Administrative Review process. It is a request
following the Commission's issuance of Order of Conditions SE 9-1299 for the same
work. Following discussion, William Klein moved, Bruce Evans seconded the motion to
approve the project under this mechanism. The motion was approved unanimously.
The approval letter will be inserted into the file for the Order of Conditions.
2. Extension to Administrative Review -Bud Jenson, 88 Governor Prence Road, 58/24
(4/6),stair repair
The Conservation Administrator explained that the above applicant requested an
extension period to undertake the proposed work. He recommended the Commission
approve it. William Klein moved, Bruce Evans seconded the motion to approve a six-
month project extension. The motion was approved unanimously.
Review and Approval of Minutes
1. October 21, 2014
Having reviewed the above referenced minutes, William Klein moved, Shana Brogan
seconded the motion to approve them as written. The motion was approved
unanimously.
2. November 5, 2014
The Commission postponed review of the above referenced minutes to the following
meeting.
3. October 7, 2014 Executive Session
4. October 21, 2014 Executive Session
Following review of the above referenced minutes, William Klein moved, Shana Brogan
seconded the motion to approve them as written. The motion was approved
unanimously.
Any Topics not reasonably anticipated by the Conservation Commission Chairman
Conservation Restriction
Mark Robinson, Compact of Conservation Trusts/Brewster Conservation Trust-
Request for Approval of Local Acquisitions for Natural Diversity (LAND) Program
Project Agreement on "Drummer Boy Park Marsh Overlook" (Eldredge Property),
Assessors' Map 26, Parcel 31 (formerly 20/10)
-Signatures
This proposed agreement was necessitated by approval of the above acquisition at the
November 17, 2014 Special Town Meeting.
Shana Brogan moved, Bruce Evans seconded the motion to approve and sign the LAND
Program project agreement for"Drummer Boy Park Marsh Overlook". The motion was
approved unanimously.
Executive Session (not to return to Regular Session)
Reference: Discussion of strategy with respect to litigation if an open meeting may
have a detrimental effect on the bargaining or litigating position of the public body
and the chair so declares; 45 Candlestick Lane; Map 15, Parcels 16&42(formerly
Map 21, Parcels 29-5 &26-1)
Brewster Conservation Commission Minutes November 19, 2014 6
To investigate charges of criminal misconduct or to consider the filing of criminal
complaints.
Notice of Violation#s 3511, 3512, 3513, & 3514; Candlestick Lane
At 9:20 PM, Shana Brogan moved to convene in executive session, "to meet... as
defined in M.G.L.c. 30A, §21(a),with respect to any litigation or decision on any
public business within its Jurisdiction involving another party, group or entity, not
to return to regular session. William Klein seconded the vote.The Commission
voted by roll call: Shana Brogan, "Aye", Bruce Evans, "Aye",William Klein, "Aye",
Michael Tobin, "Aye", Virginia lannini, "Aye".
The meeting adjourned at 9:20 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 19, 2014 7