HomeMy Public PortalAboutConservation Commission -- 2016-02-02 Minutes i
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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 Bylaw (BWP Bylaw)
Wetland Regulations 1.01 —8.15
Call to Order
Chairman Michael Tobin convened the Tuesday, February 2, 2016 meeting of the Brewster
Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster,
MA.
Present
Chairman Michael Tobin, Vice Chairman Hayley Winfield, Commissioners Shana Brogan, Bruce
Evans, Virginia lannini, William Klein, Conservation Administrator Noelle Bramer, Natural
Resources Director Chris Miller, Department Assistant Carol Spade
Not Present
Commissioner Stephen McKenna
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
Notices of Intent
(Continued Hearing) John and Sara Thorne propose to construct an open air amphitheater
within 100 feet of inland wetlands and remove invasive vegetation, restoring with
indigenous plantings along a slope within 0 feet of Inland wetlands on 958 Satucket Road,
Assessors' Map 35, Parcel 49 (formerly 36/23).
Eligible voters: Brogan, Evans, lannini, Klein,Tobin
The Conservation Commission continued the January 19, 2016 hearing to allow the proponent to
submit for the Commission's review, a plan revised showing the areas and species of proposed
non-nativelinvasive trees to be removed and a tally on the number, to address an existing septic
system/drainage component and in-ground steps and dock in the project area, as to their official
permitting states, and to await 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 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.
The applicants and the Conservation Commission received:
*...February 2,2012 letter...from Thomas W.French,Assistant Director,Natural Heritage&Division of
Fisheries and Wildlife Rare Species that under WETLANDS PROTECTION ACT(WPA) Based on a review of
the information that was provided and the information that is currently contained in our database,the Division
has determined that this project,as currently proposed,will not adversely affect the actual Resource Area
Habitat of state-protected rare wildlife species.Therefore, it is our opinion that this project meets the state-listed
species performance standard for the issuance of an Order of Conditions.
Please nate that this determination addresses only the matter of rare wildlife habitat and does not pertain to
other wildlife habitat issues that may be pertinent to the proposed project. 1116 MARM .10159hm
MASSACHUSETTS ENDANGERED SPECIES ACT(MESA)
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Brewster Conservation Commission Minutes February 2, 2016 ti l � TI]t�Ii CLERK
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Based on a review of the information that was provided and the information that is currently contained in our
database,the Division has determined that this project,as currently proposed,will not result In a prohibited
"take"of state-listed rare species.All seed used for restoration shall be composed primarily of
(orbs listed as native to Barnstable County, Massachusetts, as listed in The Vascular Plants
of Massachusetts; A County Checklist, First Revision (Dow Cullina, Connolly, Sorrie&
Somers, 2011)...
This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 1€.18.Any
changes to the proposed project or any additional work beyond that shown on the site plans may require an
additional filing with the Division pursuant to the MESA.This project may be subject to further review if no
physical work is commenced within five years from the date of issuance of this determination,or if there is a
change to the project.This determination is a final decision of the Division of Fisheries and Wildlife pursuant to
321 CMR 10.18.Any changes to the proposed project or any additional work beyond that shown on the site j
plans may require an additional filing with the Division pursuant to the MESA.This project may be subject to
further review if no physical work is commenced within five years from the date of issuance of this
determination,or if there is a change to the project.
Summary of Applicant Testimony
John O'Reilly, PE, PLS, J. M. O'Reilly, Inc., and Caitrin Higgins, Wilkinson Ecological Design
(WED), Inc., attended.
Mr. O'Reilly addressed the existing septic system/drainage component, wooden in-ground steps
and dock in the project area, stating that their official permitting/licensing status under state and
local environmental laws is unknown; however the Notice of Intent does not propose any work on
any of these items.
Ms. Higgins submitted a written "tree count"*at this hearing, citing the total number of trees (42
native, 17 invasive) in the project area, and composition of invasive tree species proposed for
removal (10 Tree of heaven, 6 black locust and 1 Norway maple).
Summary of Staff/Conservation Commission Comments
The Commission again remarked on the wooden steps which are in much disrepair and the dock
remnant in the project area, stressing for the record that rebuilding the structures is not a part of
this Notice of Intent project.
Following discussion, the Commission consensually agreed the proponent shall plant four(4)
appropriately sized native tupelo (Nyssa sylvatica) as mitigation for the trees removed. Exact
(natural) placement and spacing of said trees shall be determined by the Conservation
Administrator and the environmental expert retained by the applicant following removal of all of
the invasive plants.
Summary of Public Comments
There was no public comment.
Virginia lannini moved, Hayley Winfield seconded the motion to continue the hearing to February
16, 2016, to allow the Conservation Administrator to draft special conditions for the project.
The Commission unanimously approved the motion.
Special conditions shall incorporate the tupelo(Nyssa sylvatica) mitigation requirement of this
hearing discussion and requirements of the *Natural Heritage and Endangered Species.
'List of documents submitted for the Notice of Intent and discussed at this hearing;
I. J.M.O'Reilly...Existing Conditions Plan 958 Satucket Road,12131115,Narrative,Variance Request,
HoriuchllSollen Landscape Architects Amphitheater Plan(2 sheets)8120115,Wilkinson Ecological
Design(WED)Restoration Plan,12124115, Management Plan December 20, 2015
2. WED tree Count(received at hearing)
Peter and Stacey Day propose to create a vista to Cape Cod Bay by a process including
removing invasive and other vegetation and planting native vegetation, in and within 50
feet of coastal resource areas on 38 Saint's Landing, Assessors' Map 50, Parcel 5
(formerly 3/3).
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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
Charles Wentz, Ponderosa Landscaping, Inc., represented the applicants. He described the
resource area and project as contained in the Notice of Intent, narrative and variance request and
displayed plan*. During the course of discussion, Mr. Wentz confirmed that the invasive shrubs,
etc., are proposed to be removed by hand held machinery.
Summary of Conservation Commission Comments
The Conservation Commission did not officially confirm resource area accuracy as shown on the
site plan*. ?
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The Commission expressed numerous concerns over the proposed project; primary
considerations of which are as follows:
The project is proposed to a large extent within a coastal dune resource area, which is significant
to the interests of storm damage, flood control and wildlife habitat under the WPA and BWP By-
law. Such work would significantly destabilize the coastal dune, The remainder of the project is in
the 50 foot buffer zone as shown on the submitted site plan. The project proposes to remove a
large number of shrubs and trees.
The Commission agreed that by removing the invasive species in phases, beginning in the 50
foot buffer zone as opposed to the dune, the initial removal phase(s) may achieve the property
owners' desire for a vista so that other plant removal may be unnecessary.
Commissioners lannini and Winfield remarked that the project proposes the removal of many
native black cherry trees and Eastern red cedar trees; all of which, under the Act and BWP By-
law, present both a wind barrier important to the interests of storm damage control, and are
important wildlife habitat.
Commissioner Evans informed the representative it is the Conservation Commission's policy that
footpaths in jurisdictional areas be no wider than four feet. He requested, to preclude widening in
the area labeled"existing path"on the plan, that the plan label the accurate dimensions of the
existing path.
The Commission consensually requested the project proponent re-design the project with all of
the discussed concerns in mind, and that he submit two (site) plans for clarity; a plan for invasive
species removal and a planting plan.
Summary of Public Comments
There was no public comment.
Hayley Winfield moved, Virginia lannini seconded the motion to continue the hearing to February
16, 2016, to allow the proponent to reconsider the plan. The Commission unanimously
approved the motion.
List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Ponderosa Lands caping—Lands cape Plan"Clearing and Planting Native Vegetation"Day Residence 38
Saint's landing,December 18,2015,Narrative,Variance Request
2. Rare Species,310 CMR 10.58 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.
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Discussions
1. Eversource Energy Vegetation Management Plan, "Circuit" utility Pruning
The Commission requested staff draft a letter to Eversource Energy for the Commission's
review, regarding this plan.
2. Letter dated January 27, 2016, compliance issues for property on 45 Candlestick
Lane; Map 15, Parcels 16 &42 (formerly Map 21, Parcels 29-5 & 26-1)
Attorney Stephen Jones attended on behalf of his clients.
The Conservation Commission consensually agreed that the Conservation Administrator
and/or Natural Resources Director Miller shall request that Brewster Town Council advise
on legal concerns of this property; after which the Commission will respond to Attorney
Jones.
Request for Certificate of Compliance
1. Andrew G. Barto, SE 9-1456, 219 Leland Road, 3316 (36190) revetment and stair
repair on inland bank
Following the recommendation of the Conservation Administrator that the project
complies with the Order of Conditions, Hayley Winfield moved, Virginia lannini seconded
the motion to approve the above referenced Certificate of Compliance under the MA ACT
and BWP Bylaw, The Commission unanimously approved the motion.
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Review and Approval of Minutes
1. January 19, 2016
Having reviewed the above referenced minutes, Virginia lannini moved, Hayley Winfield
seconded the motion to approve them as written. The Commission unanimously
approved the motion.
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Report of the Natural Resources Director
Natural Resources Director Miller reported that the Natural Resources staff will assist a member
of the Boy Scouts of America in removing by hand via watercraft, an abandoned deteriorated
shack within an inland wetiand in the Brewster Punkhorn Parklands. It will be necessary to
remove vegetation to access the area.
In answer to Mr. Miller, the Commission stated that a Request for Determination of Applicability
under MA DEP and the BWP Bylaw as opposed to a Notice of Intent may meet the performance
standards for removing the structure as described.
Report of the Conservation Administrator
Elizabeth & Brendan Walsh, 260 Seaway Road; Order of Conditions/Amended Order of
Conditions SE 9-1636,Assessor's Map 79, Parcel 109 (formerly Map 6, Parcel 23)
Conservation Administrator Bramer reported a need to remove a large tree limb from a deck at
the above property. She granted permission to the owners' representative to remove the limb.
The Commission consensually ratified the decision at this time.
At 7:50 PM, Bruce Evans moved, Hayley Winfield seconded the motion to adjourn the meeting.
The Commission unanimously approved the motion.
The meeting adjourned at 7:50 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.
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Among the list of documents*for this meeting is the following:
1. Conservation Commission Approved Planting List:Cape Cod Cooperative Extension Service
(www.capecodextension.org),list of native woody plants for coastallinland wetland buffer zones
depicting the species,size and natural spacing of plants
2. Massachusetts Department of Agricultural Resources...Invasive Plants in MassachusettsV1/05
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website hitp://town.brewster.ma.us
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