HomeMy Public PortalAboutConservation Commission -- 2016-03-08 Minutes Brewster Conservation Commission Minutes—Meeting Under
MA General Laws Chapter 40, Section 8C,
MA General Law Ch. 131, §40, BRREE.iS FR T;iFi CLERK
Wetlands Protection Act(WPA), 310 CMR 10.00 Regulations
Massachusetts Department of Environmental Protection (MA DEP)
(M.G.L. C.131. § 40)
And '16 AP ' ., 1 „i
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Code of the Town of Brewster Chapter 172,
Brewster Wetlands Protection Bylaw(BWP Bylaw)
Wetland Regulations 1.01 —9.15
Call to Order
Chairman Michael Tobin convened the Tuesday, March 8, 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 Bruce Evans, William
Klein, Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller,
Department Assistant Carol Spade
Not Present
Commissioners Shana Brogan, Virginia lannini, 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 video* recorded.
Anyone else intending to record is required to inform the Chairman prior to the
meeting.”
Public Hearings originally to be held on February 16, 2016
Request for Determination of Applicability
Konrad Schultz requests determinations as to whether the work—addition and deck
expansion, and the area -are subject to the Wetlands Protection Act and jurisdiction of the
BWP Bylaw. Property is on 13 Captain Fitts Road, Assessors' Map 88, Parcel 6 (formerly
27/236).
Request for Determination of Applicability
Summary of Applicant Testimony
Matt Farrell represented the applicant. He described the resource area and project as contained
in the Request for Determination and plan*.
Summary of Staff/Conservation Commission Comments
Discussion included the Conservation Commission's policy of requiring native woody vegetation
in the entire 50 foot buffer zone to wetlands as mitigation for projects; however in this instance,
the owner has essentially retained native plantings throughout jurisdictional areas. (See * below.)
Summary of Public Comments
There was no public comment.
William Klein moved, Bruce Evans seconded the motion to close the public hearing and issue
determinations, as shown:
Positive Determination
Brewster Conservation Commission Minutes March 8, 2016 1
2b.The boundaries of resource areas listed below are not confirmed by this Determination, regardless
of whether such boundaries are contained on the plans attached to the Determination or to the Request
for Determination
Vegetated Wetland, Inland Bank
Negative Determination
3.The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not
alter an Area subject to protection under the Act. Therefore,said work does not require the filing of a
Notice of Intent, subject to the following conditions(if any).
Prior to work commencement, applicant shall request of the Conservation Administrator,
a site visit to ensure proper setting of(required) siltation barriers. Siltation barriers shall
be removed only*after disturbed areas are adequately stabilized by native
vegetation to prevent erosion into the wetland. See attached work notification form.
6.The area and/or work described in the Request is not subject to review and approval by Town of
Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw.
The Commission unanimously approved the motion.
*List of documents submitted for the Request for Determination and discussed at this hearing
1. J.M.O'Reilly&Associates,Inc.Schultz Residence Site Plan:Dwelling Additions ...13 Captain Fitts
Road,1/29/16
2. 310 CMR 10.55 Delineation Field Data Forms
Notices of Intent
(Continued Hearing)J. Francis and Michelle A. Lavelle propose to construct additions to a
single family dwelling, etc.,within a riverfront area and within 50 feet of other inland
wetlands, on 336 Lower Road, Assessors' Map 49, Parcel 1 (formerly 19/27).
Eligible voters:All.Hearing opened January 19,2016(no testimony taken)
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
Lynne Hamlyn, Hamlyn Consulting, Inc., represented the applicants for the proposed activities.
Michelle Lavelle attended. All of the property is within jurisdictional areas under wetland laws,
including a 200 foot riverfront, and within 100 feet of coastal and inland resource areas, land
subject to coastal storm flowage and bordering vegetated wetland/inland bank.
Ms. Hamlyn described the various elements of the proposal as contained in the Notice of Intent,
narrative, variance request, a Delineation Field Data Form and the revised submitted plan*. Her
testimony included a statement that all construction is either outside of the 50 foot buffer zone to
wetlands or within the 50 foot buffer zone (enlarged living space) over previously installed
hardscape. She stated the remainder of the project is proposed to be on pilings that will entail
minimal excavation.
Ms. Hamlyn expounded on an area on the eastern portion of the lot labeled "isolated wetland"on
the site plan. She explained the Commission's previous Conservation Administrator, James
Gallagher, discovered ponding there, and recently brought the situation to her attention. In
speaking to the property owners, they confirmed to her that they installed a drainage apparatus
("sump pump") at the lowest level of the dwelling due to frequent flooding. This inadvertently
created the"isolated wetland".
Rather than remove the drainage system, the project(narrative) proposes to address the
alteration by means of planting and maintaining native woody wetland plantings in place of the
existing lawn (composed of non-native grass).
Summary of Staff Comments/Summary of Conservation Commission Comments
Brewster Conservation Commission Minutes March 8, 2016 2
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan*. Comments centered on requests for clarification on the drainage system, the proposed
work within the 50 foot buffer zone to wetlands and the excavation.
Summary of Public Comments
There was no public comment.
Hayley Winfield moved, William Klein seconded the motion to continue the hearing to March 22,
2016, to allow the Conservation Administrator to draft findings and special conditions for an Order
of Conditions for the Commission's review.
The Commission unanimously approved the motion.
*List of documents:
1. 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
2. Site Plan, Lavelle Stephen A.Haas Engineering,Inc.revised January 12,2016,Narrative,Variance
Request,310 CMR 10.55 Delineation Field Data Form:hydric soils
(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 Hearing opened January 19,2016(testimony taken),
continued to February 2(testimony taken)
In accordance with Chapter 79 of the Acts of 2006, "An Act Further Regulating Meetings
of Municipal Boards"which amends Massachusetts General Laws Chapter 39, Section
23D, Commissioner Hayley Winfield certified in writing that she thoroughly examined all
evidence received at the public hearing of January 19, 2016, the only previous
testimonial hearing she did not attend. Examination of evidence included visiting the site,
reviewing all evidence received and the audio/videotape and/or minutes of the hearing,
prior to the proceeding hearing.
The Conservation Commission continued the February 2, 2016 hearing to allow the Conservation
Administrator to draft special conditions for the project.
Summary of Public Comments
There was no public comment.
Having reviewed findings and special conditions under the WPA and BWP By-law, Hayley
Winfield 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 Commission
unanimously approved the motion. Eligible voters:Bruce Evans, William Klein,Hayley Winfield,Michael
Tobin(4-0).
(Continued 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).
Eligible voters:Brogan,Evans,lannini, Klein,Tobin,Winfield Hearing opened February 2,2016(testimony taken)
The Commission continued the hearing to February 2, 2016, to allow the proponent to reconsider
the plan; specifically that he submit two (site) plans for clarity; a plan for invasive species removal
and a planting plan.
Summary of Applicant Testimony
Brewster Conservation Commission Minutes March 8, 2016 3
Charles Wentz, Ponderosa Landscaping, Inc., represented the applicants. Mr. Wentz reviewed
the new proposal, as depicted on the revised plan, which was shown on two plan sheets*entitled
"Clearing and Planting Native Vegetation..." and
"Areas of Vegetation Work Pruning and Tree Removal...".
Summary of Conservation Commission Comment
The Commission stressed that the applicant shall remove all the invasive species during the
course of this project so that it is in compliance with the wetland laws.
Again, as on February 2, Commissioners repeated that the initial invasive removal may achieve
the property owners' desire for a vista so that important native plant pruning and native plant
removal will be unnecessary.
Further Commission discussion attempted to clarify which specific existing native vegetation
(native black cherry trees and Eastern red cedar trees) may be removed vs. which may be
pruned, and which shall remain intact.
Hayley Winfield moved, William Klein seconded the motion to continue the hearing to March 22,
2016, to allow the Conservation Administrator to draft findings and special conditions for an Order
of Conditions for the project, reflecting this discussion.The Commission unanimously
approved the motion.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Ponderosa Landscaping...Landscape Plan
"Clearing and Planting Native Vegetation"Day Residence 38 Saint's Landing,rev.2/1/16
"Areas of Vegetation Work Pruning and Tree Removal"Day Residence 38 Saint's Landing,rev.2/1/16
2/8/16
*Frank King and Jan Owings propose to construct three levels of coir envelope stabilizing
with mitigative sand, etc. in coastal resource area(s), on 122 Governor Prence Road,
Assessors' Map 58, Parcel 20 (formerly 4/2).
The project proponent submitted a written request to continue the above referenced hearing to
March 22, 2016. Hayley Winfield moved, Bruce Evans seconded the motion to continue the
hearing to March 22, 2016. The Commission approved the motion unanimously.
*Richard and Margaret Wood propose to construct three levels of coir envelope stabilizing
with mitigative sand, etc., in coastal resource area(s), on 112 Governor Prence Road,
Assessors' Map 58, Parcel 21 (formerly 4/3).
The project proponent submitted a written request to continue the above referenced hearing to
March 22, 2016. Hayley Winfield moved, William Klein seconded the motion to continue the
hearing to March 22, 2016. The Commission approved the motion unanimously.
Public Hearings filed for March 8, 2016 Meeting
Requests for Determination of Applicability
Daniel Croteau— Moran Engineering Associates, LLC, requests determinations as to
whether the work—upgrade to a septic system in compliance with Title V of MA Sanitary
Code-and the area -are subject to the Wetlands Protection Act and jurisdiction of the
BWP Bylaw, on 56 Sixpenny Lane, Assessors' Map 37, Parcel 27 (formerly 19/67).
Summary of Applicant Testimony
Daniel Croteau represented the applicant. He described the resource area and Request for
Determination of Applicability—removal of trees and excavation to a depth of 24 feet, a 32.8 foot
long, 11 foot wide soil absorption system (SAS), and excavation for a 1500 gallon septic system
(10 feet by 5 feet) and 100 gallon pump chamber (4 ft. x 8 ft.), within the 100 foot buffer zone to
vegetated wetlands, as contained on the plan*. He expressed that leaving the existing septic
system as is will create adverse environmental effects.
Summary of Staff/Conservation Commission Comments
Brewster Conservation Commission Minutes March 8, 2016 4
Discussion included the Conservation Commission's consensual agreement this septic system
upgrade is environmentally crucial and should be completed as soon as possible.
Summary of Public Comments
Abutter to the north, Trish Graham described flooding in the approximate area from past nearby
projects due to the existing complicated wetland system, and appealed to the Commission that
strict conditions be in place should this project be approved, so that it does not create adverse
effects to wetlands near and/or on her property.
William Klein moved, Hayley Winfield seconded the motion to close the public hearing and issue
determinations, as shown:
Positive Determination
2b.The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to the
Determination or to the Request for Determination
Vegetated Wetland,Inland Bank
Negative Determination
3.The work described in the Request is within the Buffer Zone,as defined in the regulations,but
will not alter an Area subject to protection under the Act. Therefore,said work does not require
the filing of a Notice of Intent,subject to the following conditions(if any).
1. All work shall be in accordance with the approved plan of record. If any changes are made in the above-
described plan which may or will alter an area subject to protection under the Wetlands Protection Act and the
Town of Brewster Wetlands Protection By-law,or any changes in activity subject to regulations under G.L.c.
131 §40,or the Town of Brewster local regulations occurs,the applicant shall inquire from this Commission in
writing,prior to implementation in the field,whether the change(s)is significant enough to require a Notice of
Intent. Any errors in the plans or information submitted by the applicant shall be considered changes and the
above procedures shall be followed.
2. Prior to clearing,excavation or construction,an erosion control barrier(staked hay bales)shall be properly
installed,as shown on the plan of record. This barrier shall constitute the limit of work. No work shall take
place on the wetland side of the barrier. The siltation barrier shall be removed only after any threat of erosion
no longer exists,and all disturbed areas are stabilized by vegetation. Any siltation buildup on the upland side
shall be removed. Any commencement of work activities prior to the proper installation of erosion controls and
an inspection and approval by the Conservation Commission may result in a cease and desist action,and
possible fines of up to$300.00 per day for each day of violation.
2A.A supply of extra siltation barriers shall be stored on site for emergency use.
3.After the siltation barrier has been set and a minimum of five(5)days before commencement of work,the
owner shall notify the Conservation Department using the Owner affirmation of responsibility for
work/request for site inspection...form,which shall be signed by the owner of the property as well as the
contractor in charge of the work. The Commission's Agent will schedule an on-site meeting of the contractor(s)
responsible,and the Conservation Agent,for an inspection of the erosion control barriers and to ensure that the
requirements of this Determination are understood. No work shall begin until after the on-site meeting.
During this on-site consultation,the Conservation Agent may require minor modifications to the approved site
plan.
4.Also prior to commencement of construction,a series of dated color photographs shall be taken of the entire
resource area and buffer area,and siltation barrier, and shall include any bank erosion and revegetation area.
A set of photographs shall be submitted to the Conservation Department for the applicant's permit file,with the
notification form. These photos shall be labeled for clear identification.
5.Disturbed areas shall be covered with four to six inches of organic topsoil which is free of weed seeds and
debris,and planted with appropriately sized and spaced approved plant species*. All disturbed areas shall be
completely revegetated during the first growing season after the permitted work is complete. *Approved plant
species,size and natural spacing are those on the list of acceptable plantings for fresh water buffer zones of
the Cape Cod Cooperative Extension(www.capecodextension.orq).Turf lawn is prohibited within the 100 foot
buffer zone to wetlands
6.Another series of dated color photographs shall be taken of the resource area and buffer area when the work
is completed and fully revegetated and stable.The photos shall be labeled for clear identification.
6.The area and/or work described in the Request is not subject to review and approval by Town
of Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw.
Brewster Conservation Commission Minutes March 8, 2016 5
The Commission unanimously approved the motion.
*List of documents submitted for the Request for Determination and discussed at this hearing
1. Moran Engineering Assoc.,LLC Septic System...56 Six Penny Lane Site Plan:1/4/16
2. Soils Investigations Test Holes by:Moran Engineering...56 Six Penny Lane 2/8/16
Brandon Hooper representing the Town of Brewster, requests determinations as to
whether the work—removing by watercraft, a small collapsing structure within a wetland
to allow it to return to its natural state- is subject to the Wetlands Protection Act and
jurisdiction of the BWP Bylaw. Property is on 120 Eagle Point Cartway, Assessors' Map
32, Parcel 15 (formerly 39/18).
Brandon Hooper attended. He stated that he is an Eagle Scout candidate, proposing the above project in
the Town of Brewster Punkhorn Parklands. He explained that having visited the site, he now proposes to
remove the structure via an existing drive at the southeast terminus of Eagle Point Cartway rather than by
watercraft.
At this time, Mr. Hooper submitted a copy of an image showing this alternate access.
He explained that the Town of Brewster Department of Public Works has committed to removing
the debris from the structure. He hopes to complete the project within the following two weeks.
William Klein moved, Bruce Evans seconded the motion to close the public hearing and issue
determinations, as shown:
Positive Determination
2b.The boundaries of resource areas listed below are not confirmed by this Determination, regardless
of whether such boundaries are contained on the plans attached to the Determination or to the Request
for Determination
Vegetated Wetland
Negative Determination
3.The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not
alter an Area subject to protection under the Act. Therefore,said work does not require the filing of a
Notice of Intent, subject to the following conditions (if any).
To ensure protection of the Bordering Vegetated Wetland(BVW),photos shall be submitted clearly
showing both the BVW and its protective 100 foot buffer zone before the project begins and after it
is completed.
6.The area and/or work described in the Request is not subject to review and approval by Town of
Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw.
The Commission unanimously approved the motion.
`List of documents submitted for the Request for Determination and discussed at this hearing
1. Site Plan Bordering Vegetated Wetland noted in green;structure to be removed noted in blue;property
line noted in black
2. Google Earth Image Date 5/23/15 41deg.43'38.60"N 70deg.06'40.85"W...received at hearing
Notice of Intent
Cape Wono, Inc. proposes to remove an abandoned pool, reconstruct a dock, and conduct
other site work including constructing elevated walkways and planting native shrub and
herbaceous plantings; said work to occur in and within 50 feet of both coastal and inland
wetlands, at Cape Cod Sea Camps on 3057 Main Street, Assessors' Map 101, Parcel 45
(formerly 8/8).
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
David Michniewicz, PE, Coastal Engineering, Inc., and David Peterson, Cape Wono, represented
the applicant. Mr. Michniewicz described the relevant resource areas and project as contained in
the Notice of Intent, narrative, variance request, Delineation Field Data Forms and displayed
Brewster Conservation Commission Minutes March 8, 2016 6
plan*... He stressed the environmental importance of removing the now abandoned swimming
pool and concrete patio from the (primary)coastal dune and land subject to coastal storm flowage
and filling the depression left by the pool, as the structures presently greatly impede the dune
from providing sediment to the beach and allowing the dune to move laterally. He stated that in
doing so, the project will restore 6,250 square feet of coastal dune, enabling it to perform its
natural function of supplying sand to coastal beaches. It will permit the coastal dune shape to
conform to natural wind and water flow patterns, aid in storm damage prevention and flood
control and protect wildlife habitat.
The project proposes appropriate vegetation cover on the dune in the form of important native
beach plum and native American beach grass which will contribute to the growth and stability of
the dune and provide conditions favorable to sand deposition.
He then expounded on the proposal to replace an existing dock and construct an elevated
walkway and gazebo with access ramp over inland wetland resource areas and their protective
buffer zones. The structures will help to confine and control human activity in these areas. He
added that the structures are intended for the environmental education of the Cape Cod Sea
Camp attendees.
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan*
at this hearing.
In answer to Commissioner concerns over protecting the coastal dune resource area during
removal of the swimming pool, Mr. Michniewicz expounded on the detailed Construction Protocol*
submitted as part of the Notice of Intent.
Mr. Peterson remarked that the owners of Camp Cod Sea Camp are cognizant of the importance
of continuing to preserving the very large and high coastal dune in its natural state; its function of
supplying sand to coastal beaches has allowed the beaches to accrete in this eastern area of
Brewster's coastline.
Natural Resources Director Miller recommended that should the Commission vote to approve an
Order of Conditions, a special condition be included to allow the applicant to construct a snow
fence for added dune creation and protection.
Summary of Public Comments
The public did not comment.
Hayley Winfield moved, William Klein seconded the motion to continue the hearing to March 22,
2016, to allow the Conservation Administrator to draft findings and special conditions for an Order
of Conditions for the project, incorporating conditions reflecting the hearing discussion.
The Commission unanimously approved the motion.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Coastal Engineering,Inc.Site Plan, 3057 Main Street Cape Cod Sea Camps Plan Showing Proposed
Swimming Pool Removal,Sitework&Dock Reconstruction C2.1.1,C.2.4.a 2/19/16, Narrative,Variance
Request,Construction Protocol*
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
3. 310 CMR 10.55 Delineation Field Data Forms
Citizens' Forum
There was no citizen comment at this time.
Violations
Brewster Conservation Commission Minutes March 8, 2016 7
1. Karen Erdos, 282 Breakwater Road, repair to foundation of existing dwelling,
possible unauthorized beach nourishment 58/34(4/13)
The Conservation Administrator and Natural Resources Director informed the
Commission of the two unpermitted activities, explaining that although it appears not to
be the case, it is possible the beach sand was applied in compliance with valid wetland
permitting.
The Commission consensually agreed the Conservation Administrator shall issue an
enforcement letter to the owner and require she attend a Show Cause Hearing.
Any Topics not reasonably anticipated by the Conservation Commission Chairman
1. Richard and Margaret Wood, 112 Governor Prence Road, Assessors' Map 58,
Parcel 21 (formerly 4/3), and 122 Governor Prence Road, Assessors' Map 58, Parcel
20 (formerly 4/2), pruning on/within 50 feet of coastal resource area(s)
Having inspected the above two properties the previous day, the Commission
consensually agreed at this time that Ms. Bramer shall contact the engineer representing
the owners of the above referenced properties. The Commission shall discuss the
activities at the public meeting, after the continued hearings, on March 22, 2016.
See"Notices of Intent above.
Report of the Natural Resources Director
1. Jennifer O'Keefe Suttles, U.S. Geological Survey, Woods Hole Coastal and Marine
Geology Center, installation of two-foot wide temporary boardwalk from the
existing pathways to marsh locations - Cape Cod Museum of Natural History, 869
Main Street; 6/43 (1/1), 37/93 (20/27)
The Conservation Commission consensually agreed the above project as described by
Natural Resources Director Miller may be approved with the filing of an Administrative
Review application.
Report of the Conservation Administrator
1. Discussion, MA General Laws Executive Order 562
The Conservation Commission discussed a draft letter*addressed to Massachusetts
Department of Environmental Protection Commissioner Martin Suuberg regarding
Governor Charles D. Baker Executive Order 562 to Reduce Unnecessary Regulatory
Burden Revoking and Superseding Executive Order No. 485.
Conservation Administrator Bramer explained that she recently learned of EO 485 from
the MA Association of Conservation Commissions (MACC), and has since spoken to
Conservation Commission agents in several towns on Cape Cod who have agreed to
consider adding their respective Conservation Commissions as signatories to the letter.
The letter as drafted by Ms. Bramer effectively states that such an order must strengthen,
rather than weaken, environmental laws.
Commissioner Klein questioned whether MACC supports this initiative. The Conservation
Department Administrative Assistant responded that she has been forwarding to the
Brewster Conservation Commission, electronic correspondence regarding EO 562 from
MACC, since the order's inception early in 2015.
(EO 562)... mandates an unprecedented set of criteria for evaluating current regulations that may
have unanticipated and long lasting negative consequences...MACC,MA Audubon,Brewster
Conservation Trust,etc...
Commissioner Hayley Winfield recommended the letter be revised to represent only the
Brewster Conservation Commission.
The Conservation Commission consensually approved issuing the draft letter as so
amended.
Brewster Conservation Commission Minutes March 8, 2016 8
*Document:
Letter Re: Executive Order 562 regulations review:wetlands protection
2. Beechwood Landing Association, Order of Conditions SE 9-1616 for construction
of timber walls within 50 feet of a bordering vegetated wetland -request as to
whether construction of hand railing on a portion of an existing stairway shall
constitute a minor change to plan -on Beach at Landing Drive, Assessors' Map 82,
Parcel 1 (formerly 48/79-1)
The Conservation Commission consensually agreed the above plan change as described
by the Conservation Administrator shall be considered minor, and thus approved; the
plan shall be initialed as such by the Conservation Administrator.
3. Pleasant Bay Community Boating, Order of Conditions SE 9-1638 for work including
access ramp and landings — request as to whether reducing footprint and locating
ramps, etc. and parking area further from coastal resource areas shall constitute a
minor change to the plan—on 2070 Route 28; Assessor's Map 149, Parcel 1 (formerly
Map 53, Parcel 28)
The Conservation Commission consensually agreed the above plan change as described
by the Conservation Administrator shall be considered minor, and thus approved; the
submitted revised plan*shall be initialed as such by the Conservation Administrator.
*Document discussed:
Jenick Studio Landscape Architecture Land Management Planning 2/25/16
Request for Extension to Order of Condition
1. Linda and David Houghton, Order of Conditions SE 9-1566, 94 Upland Circle,
127/19 (10/19)
Ms. Bramer informed the Commission the applicants have failed to comply with the Order
of Conditions on many levels; specific conditions of which are as follows:
B6. All work shall be in accordance with the approved plan(s)of record. If any changes are made in the above-
described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act and
the Town of Brewster Wetlands Protection By-law,or any changes in activity subject to regulations under G.L.
c. 131 §40,or the Town of Brewster local regulations occurs,the applicant shall inquire from this Commission in
writing,prior to implementation in the field,whether the change(s)is significant enough to require an Amended
Order of Conditions or the filing of a new Notice of Intent. Any errors in the plans or information submitted by
the applicant shall be considered changes and the above procedures shall be followed.
B19. Monitoring Reports: Monitoring reports shall be submitted at the completion of each phase of
vegetation management activity. Monitoring reports shall include written descriptions of work performed and
photographs of completed work. Monitoring reports shall be reviewed and approved by the Conservation
Commission or Administrator prior to commencement of the next phase of work.
B21. Vista pruning activities shall be limited to the vista corridors as identified on the approved plan.
B23. Pruning Height: The areas within the view corridors shall be trimmed and maintained at a height
corresponding to elevation 21-22. This results in a 3 to 4 foot height at the edge of lawn and taller vegetation as
the elevation lowers towards the coastal bank. All pruning activities shall be in accordance with proper pruning
techniques as recommended by the Certified Arborist.
B24.Pruning shall be at undulating,varied heights to achieve a natural effect.
B28. Removal,pruning and cutting of vegetation shall be minimal.
Mitigation Plantings
B35.All new plantings shall be tagged in the field for monitoring purposes. The tags shall remain on the
planted species for easy inspection by the Conservation Agent and/or Conservation Commission,through the
required monitoring period.
Monitoring Reports
B36.Monitoring Reports: The new plantings shall be monitored for three years. Progress reports and
photographs of the plantings shall be submitted to the Conservation Commission prior to November 1 on an
annual basis. Also see condition#B19 for additional monitoring requirements.
Brewster Conservation Commission Minutes March 8, 2016 9
Chairman Tobin stressed that the Conservation Commission granted the project precisely to
allow shrubs to be maintained for natural growth as opposed to the (then) existing unnatural
growth at low levels.
The commission also discussed the following conditions:
Vegetation Management/Pruning
B16.To protect wildlife,vegetation management activities shall not occur during the months of May,June and
July.
B17.A licensed arborist shall conduct the weight reduction pruning of the two oak trees and one maple tree as
shown on the approved plan. The crown of individual trees selected for pruning shall be maintained within 90%
of that which now exists. The crown is the woody and leafy component of the tree,composed of large,scaffold
limbs that support smaller branches,twigs,leaves,and buds.
The name,address,and telephone number of the supervising arborist shall be submitted to the Conservation
Commission prior to the commencement of any work.
B18. Project Phasing: The vegetation management project shall be conducted in phases. A work notification
shall be submitted to the Conservation Commission in writing at least 5 days before each phase. The work
notification shall indicate what activities will be performed during that phase of work. Included with each work
notice shall be a series of photographs taken from known photo points showing the vista corridors before
pruning in leaf conditions. Photos shall also be taken of areas of invasive plants to be removed. These photos
shall be labeled with the date and general view description.
Following discussion, the Commission consensually agreed to approve an extension under the
MA ACT and BWP Bylaw for one year, to allow only the planting of shrubs to decrease the
width of the existing path to a maximum of four feet, as detailed in the following special
condition:
B34. The existing paths to the resource area shall be narrowed to a maximum of four feet wide by
planting native shrubs in accordance with the approved plan.
Requests for Certificates of Compliance
1. Cobbs Pond Condominium Association SE 9-1413, Wauquanesit Drive, 57/4 (17/1)
fill,sand drift fence
Following the recommendation of the Conservation Administrator that the project
complies with the Order of Condition, Bruce Evans moved, William Klein seconded the
motion to approve the above referenced Certificate of Compliance under the MA ACT
and BWP Bylaw. The Commission unanimously approved the motion.
2. James and Paula Lieb, SE 9-1423, 268 Breakwater Road, 58/36 (4/15)fiber roll
engineering,fill, sand drift fence
Following the recommendation of the Conservation Administrator that the project
complies with the Order of Condition, Hayley Winfield moved, William Klein seconded the
motion to approve the above referenced Certificate of Compliance under the MA ACT
and BWP Bylaw. The Commission unanimously approved the motion.
3. Oceanside Septic, Inc, SE 9-1575 45 Candlestick Lane,15/16 (21/29-5) sewage
disposal system
Following the recommendation of the Conservation Administrator that the project
complies with the Order of Condition, Hayley Winfield moved, William Klein seconded the
motion to approve the above referenced Certificate of Compliance under the MA ACT
and BWP Bylaw. The Commission unanimously approved the motion.
Requests for Administrative Review
1. Katherine and Andrew Eaton, 283 Bog Pond Road, 67/61 (16/78), removal by
certified arborist; one diseased tree and branch of second tree for safety purposes
As contained in her 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, and approved the project under
Administrative Review. Hayley Winfield moved, William Klein seconded the motion to
ratify the Conservation Administrator's decision on the project. The Commission
unanimously approved the motion.
Brewster Conservation Commission Minutes March 8, 2016 10
2. Stephen and Dorothy Vatner, 38/76 (2/2) 354 Robbins Hill Road, deck repair
As contained in her 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, and approved the project under
Administrative Review. Bruce Evans moved, Hayley Winfield seconded the motion to
ratify the Conservation Administrator's decision on the project. The Commission
unanimously approved the motion.
Review and Approval of Minutes February 2, 2016
Having reviewed the above referenced minutes, Hayley Winfield moved, William Klein seconded
the motion to approve them as written. The Commission unanimously approved the motion.
At 8:55 PM, Bruce Evans moved, Hayley Winfield seconded the motion to adjourn the meeting.
The Commission unanimously approved the motion.
The meeting adjourned at 8:55 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 is 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. Massachusetts Department of Agricultural Resources...invasive Plants in Massachusetts1/1/05
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website http://town.brewster.ma.us
Brewster Conservation Commission Minutes March 8, 2016 11