HomeMy Public PortalAboutConservation Commission -- 2016-05-24 Minutes Brewster Conservation Commission Minutes —Meeting Under
Massachusetts General Law Chapter 40, Section 8C,
Massachusetts General Law Chapter 131, Section 40,
Wetlands Protection Act(WPA), 310 CMR 10.00 Regulations
Massachusetts Department of Environmental Protection (MA DEP)
And
(M.G.L. 0.131. §40)
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, May 24, 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, Commissioner Bruce Evans,
Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller, Department
Assistant Carol Spade
Not Present
Commissioners Shana Brogan, William Klein
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
Notices of intent
(Continued Hearing)LTV Realty Trust 11 proposes to demolish an existing building and
construct a replacement building within 50 feet of inland wetlands on 1073 Main Street,
Assessors'Map 37, Parcel 61 (formerly 19152-3).
Eligible voters: Brogan, Evans, Klein,Tobin,Winfield Hearing opened April 5, 2016(testimony taken)
continued to May 10(no testimony)
The project is located on the MA Natural Heritage and Endangered Species Map as an area of rare plant
and wildlife habitat and rare wetlands wildlife.The proponent and Conservation Commission received a
letter on April 20, 2016 from Thomas W. French,Assistant Director, Natural Heritage& Division of Fisheries
and Wildlife MA Natural Heritage and Endangered Species Program (NHESP); determining that the project:
"will not adversely affect the actual resource area habitat of state protected rare wildlife species pursuant to
WPA,310 CMR 10.59 ...and will not result in a prohibited"take"of state-listed rare species pursuant to
MESA...321 CMR 10.18 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
Robert Perry, PE, Cape Cod Engineering, represented the applicants. Mr. Perry described the project
(located in a densely developed commercial area)as revised in the Notice of Intent, narrative, and displayed
plan*. It depicted removal of a small portion of the deck footprint slightly further from the wetland. He then
described the mitigation plan*for this variance request.
Summary of Staff/Conservation Commission Comments
Though Chairman Tobin essentially supported the project as presented, Hayley Winfield believed the
applicant has a reasonable alternative of placing the commercial building outside of the 50 foot buffer zone
in the large parking lot which, she stated, contains many unoccupied spaces on the busiest of days. She
Brewster Conservation Commission Minutes May 24, 2016 1
believed the Commission would be setting a dangerous precedent for other such cases should it allow the
project within 50 feet of wetlands. She requested the applicant thoroughly explore the parking area location
and all other applicable alternatives for this commercial project under Code of the Town of Brewster
Chapter 172, Brewster Wetlands Protection Bylaw (BWP Bylaw) Wetland Regulations Variances:
5.01.
General discussion with the applicant also centered on values of the applicable wetland(s) under the
wetland laws. Mr. Perry maintained that the bordering vegetated wetland, an intermittent stream, has little
wetland value in that it was adversely impacted previously by this commercial mall.The Conservation
Administrator responded that all wetlands are protected equally under the wetland laws.
The Commission consensually requested the applicant further explore placing the project outside of 50 feet
to wetlands. Ms.Winfield repeated her request that the applicant submit criteria exploring all alternatives for
commercial projects under Code of the Town of Brewster Chapter 172,Brewster Wetlands Protection
Bylaw(BWP Bylaw) Wetland Regulations Variances:5.01.
Summary of Public Comments
The public had no comment.
Hayley Winfield moved, Bruce Evens seconded the motion to continue the hearing to June 7,2016,to allow
the research as discussed. The Commission unanimously approved the motion.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Topographic Site Plan, Proposed Modifications to and Reconstruction of an Existing
Building 1073 Main Street rev. 5/17/16, revised narrative letter 5/18/16, Planting Mitigation
Plan...1073 Main Street Cape Cod Engineering, Inc., Checklist for Stormwater Report
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 May 10,2016,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.
(Continued Hearing)Anthony and Martine Amundson propose to demolish a single family
dwelling and construct a new single family dwelling and related site landscaping, within 50
feet of inland wetlands on 153 Morning Star Cartway,Assessors'Map 82, Parcel 32
(formerly 47/2).
Eligible voters: Evans, Klein Hearing opened April 5, 2016 (testimony taken) continued to
April 19 (testimony taken), May 10 (testimony taken).
The Conservation Commission continued the hearing of May 10, 2016,to allow the Conservation
Commission time to review the plan received at that hearing,and for the Conservation Administrator to draft
findings and special conditions for an Order of Conditions for the project.
Summary of Applicant Testimony
Robert Perry, PE, Cape Cod Engineering, Inc., represented the applicants. Anthony Amundson attended.
Summary of Staff/Conservation Commission Comments
In discussing the draft special conditions, Ms. Bramer noted the following:
A6. All work shall be in accordance with the approved plans of record noted to be Topographic Site
Plan Showing Proposed Removal and Replacement of a Single Family Dwelling with
Reconstruction of an Existing Cottage at 153 Morning Star Cartway, Brewster, MA as completed by
Cape Cod Engineering, Inc., dated April 11, 2016. Replanting work shall be in accordance with the
approved pians of record noted to be Amundson Residence 153 Morning Star Cartway Brewster,
MA 1-1.0 Site Plan as completed by ML Curadossi Landscape Design&3-D Imaging, dated
04/07/16 with revision date of 05/09/16. The plants noted as Leucothoe on this planting plan
as well as those noted to be various perennials that lay within the 100 foot Buffer Zone are
to be replaced with native, non-cultivar species to be determined prior to planting.
Summary of Public Comments
The public had no comment.
Brewster Conservation Commission Minutes May 24, 2016 2
Following review of findings and special conditions under the WPA and BWP By-law, Hayley Winfield
moved, Bruce Evans 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, Hayley Winfield, Michael Tobin(3-0)
The Commission unanimously approved the motion.
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 May 10, 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.
(Continued Hearing)Kent Drushella proposes to partially demolish and reconstruct an existing
single family dwelling, adding a deck and sunroom—activity is within 100 feet of coastal resource
areas, on 96 Winterhoff Trail,Assessors'Map 69, Parcel 45(formerly 517).
Eligible voters: Evans, Klein,Tobin Hearing opened April 5, 2016 (no testimony taken)continued to
April 19, (testimony taken), May 10(testimony taken).
The Conservation Commission continued the hearing of May 10, 2016,to allow information requested by the
Commission, and to allow the Conservation Administrator to draft findings and special conditions for an
Order of Conditions for the project.
Summary of Applicant Testimony
Thad Eldredge, Eldredge Surveying and Engineering, LLC, and Jen Crawford,Jenick Studio, represented
the applicant. Having reviewed the draft special conditions,the representatives discussed their suggested
revisions.
Summary of Public Comments
The public had no comment.
Following review of findings and special conditions under the WPA and BWP By-law, Hayley Winfield
moved, Bruce Evans seconded the motion to close the hearing,approve the project with findings and special
conditions,amended as discussed,and issue an Order of Conditions.The Commission unanimously
approved the motion. Eligible voters:Bruce Evans, Hayley Winfield, Michael Tobin(3-0)
The Commission unanimously approved the motion.
The Conservation Commission held the following two hearings and projects collectively as one project, as
the subject properties are adjacent.
(Continued Hearing) Mary Ellen Jones proposes to install three levels of coir envelope
coastal stabilizing, 4 x 4"slat sand drift fencing, sand nourishment and a beach access
staircase in coastal resource areas, on 279 Crocker Lane, Assessors'Map 69, Parcel 6
(formerly 5/201).
Eligible voters: Brogan, Evans, Klein, Tobin,Winfield Hearing opened April 19, 2016
(testimony taken) continued to May 10 (no testimony)
(Continued Hearing) Kimberly Person proposes to install three levels of coir envelope
coastal stabilizing, 4 x 4"slat sand drift fencing and sand nourishment in coastal resource
areas, on 289 Crocker Lane,Assessors'Map 69, Parcel 7(formerly 5/200).
Eligible voters: Brogan, Evans, Klein, Tobin,Winfield Hearing opened April 19, 2016
(testimony taken) continued to May 10 (no testimony)
The Conservation Commission continued the last testimonial hearing of April 19,2016,to allow professional
consultant Greg Berman, Coastal Process Specialist,Woods Hole Sea Grant/Cape Cod Cooperative
Extension,to study the site and the proposal, and submit a written review of the project to enable the
Conservation Commission to reach a scientifically informed decision.
Summary of Applicant Testimony
Catherine Ricks, Coastal Engineering, Inc., represented the applicants. She described the resource areas
and project as contained in the Notice of Intent, narrative, variance request and plans'. She explained that in
response to Commission concerns, Coastal Engineering, Inc., revised the site plan for(Jones)279 Crocker
Lane,showing realignment of the proposed coastal stairway to preclude removal of vegetation which would
adversely affect the coastal bank.
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She further stated Coastal Engineering agrees to all of the requirements set forth in the submitted report
from Greg Berman, Coastal Processes Specialist. Her clients requested, however,that after three years of
annual nourishment,the Commission allow an environmental review of the need for additional nourishment.
Summary of Staff/Conservation Commission Comments
Commission and staff requests included the following:
• A five to ten-foot wide border of native coastal shrubs protecting the coastal resource areas, and
cessation of mowing landward of the shrubs;
• That the special conditions reflect all of the requirements in the report from Greg Berman
Summary of Public Comments
Walt Gillis,who owns property two lots east of the project, requested information regarding the potential
effects of this and other like projects on downdrift coastal resource areas.
Conservation Commission staff will give Mr. Gillis a copy of the Greg Berman report.
Hayley Winfield moved, Bruce Evens seconded the motion to continue the hearing to June 7,2016,to allow
the Conservation Administrator to draft findings and special conditions for an Order(s)of Conditions for the
project(s)for the Commission's review, as discussed. The Commission unanimously approved the
motion.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. From Greg Berman, Coastal Processes Specialist Woods Hole Sea Grant/Cape Cod
Cooperative Extension: May 12, 2016-Site Visit to 279 and 289 Crocker Lane...
2. Coastal Engineering...Plan Showing Proposed Shorefront Protection...Jones, 279 Crocker
Lane, rev.4/25/16 Narrative,Variance Request
3. Coastal Engineering...Plan Showing Proposed Shorefront Protection... Pearson, 289
Crocker Lane, 3/17/16 Narrative,Variance Request
(Continued Hearing) Town of Brewster Natural Resources Department proposes parking
improvements for public safety, and environmental improvements including installing a
wooden remp to allow appropriate boat launching, installing coir fiber roll stabilizing on a
portion of the shoreline, covering same with appropriate fill and native herbaceous
plantings,planting native shrubs, tree(s), and additional herbaceous plantings,
reconfiguring a stairway to the pond, on Slough Pond Landing,Assessors'Map 11, Parcel
34(formerly 38/14-1).
Eligible voters: Evans, Klein,Tobin Hearing opened May 10 (testimony taken)
Natural Resources Director Chris Miller, representing the applicant, requested the Commission continue the
above referenced hearing to June 7,2016,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 species protected under the MESA and WPA.
Hayley Winfield moved, Bruce Evans seconded the motion to continue the hearing to June 7,2016. The
Commission approved the motion unanimously.
Citizens' Forum
Linda Houghton attended (Linda and David Houghton, Violations Order of Conditions SE
9-1566, 94 Upland Circle, 127119(10119)
In describing the violations, Ms. Houghton submitted a portion of the approved plan of record for Order of
Conditions SE 9-1566. She believed the plan would serve to clarify the violation issues.
The Commission and staff discussed the violations of the conditions in the Order of Conditions,emphasizing
that the Commission received none of the following:
`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."
The Commission directed Ms. Houghton to comply with all conditions,that monitoring reports be thorough
and written by an approved environmental professional,and that required native plantings be clearly marked
in the field.
Discussions
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Concern regarding vehicle usage on/within 50 feet of wetlands on Town-owned Sheep Pond
Woodlands, under the care,custody and control of the Conservation Commission
Citizen Colin O'Dell attended. He expressed that of late,citizens are routinely parking their large vehicles on
the pond edge(near and in wetlands) of this town owned property, and that it has created adverse
environmental effects to wetland interests, including erosion and pollution into Sheep's Pond. As an abutter
who has closely observed the area for many years, he stressed that that the activity increased to a great
degree in 2016.
Previous to this meeting, Mr. O'Dell submitted photos of the activity to the Conservation Department by
electronic mail.
The Natural Resources Director and Conservation Administrator will monitor the area and the activity.
Report of the Natural Resources Director
1. The Natural Resources Director reported on the status of projects at Brewster's Paine's
Creek, Breakwater Landing and Fisherman's Landing, and on a prospective drainage
project at Crosby Landing.
Report of the Conservation Administrator
1. Off Main Street, 102/7 (formerly 8/9) Spruce Hill Conservation Area fence vandalism
The Conservation Administrator reported concerned citizens' observations of the effects
of destruction of a large portion of a steel chain-link fence, and using the area as a
dumping ground for yard and other debris. The citizens stated they have attempted to
repair the fence repeatedly, only to have their repairs destroyed.
Ms. Bramer investigated the area following the report, and took photos, which she
forwarded to the Commission by electronic mail. Commissioners and staff noted that the
broken fence is unsightly, and they will monitor the area and the activity and speak to
abutters to the property, and possibly remove the broken section in time.
Ms. Bramer then brought to the attention of the Conservation Commission, other
concerns and questions regarding areas within the jurisdiction of the Conservation
Commission, as follows:
2. Area on Kingfisher Cartway
A bog located in this area has been adversely impacted by standing water; presumably
from an existing impacted drainage pipe. Ms. Bramer contacted the Superintendent of
Department of Public Works to determine if the pipe was installed by the town, and Cape
Cod Mosquito Control, regarding the stagnant water. Unless the pipe was installed by the
town, it will be the responsibility of the property owners to mitigate for all wetland
alterations.
3. Annmarie Galli, 323 Hamilton Cartway 81/2 (47183-3)
Ms. Bramer talked to the above property owner, who will not install an 18 foot-long
seasonal float (installed in previous years) until obtaining a valid wetland permit.
Report of the Conservation Administrator
Ms. Bramer requested the Commission determine the following:
1. Harriet Booth, Northeastern University—request for research at Quivett Creek
Project Title: Examining decapod community composition and species interactions
in salt marshes across New England
The Commission consensually agreed to the research project, as conducive to the
protection of environmental interests.
Show Cause Hearings/Violations
1. Martin J. and Silvia C. Lucenti, alterations in and within 50 feet of wetland resource
areas on 183 South Pond Drive, Assessors' Map 88, Parcel 5 (formerly 27/94).
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Ms. Bramer reported the property owner has stabilized the disturbed areas and is
preparing to file a Notice of Intent to mitigate for all alterations.
Request for Administrative Review
1. Dan and Shelia Driscoll, 29 Elbow Pond Drive, 19/32 (51/69), replacing of existing
deck, in kind within 100 feet of resource areas
As contained in her Administrative Report, 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, Bruce Evans seconded the motion to ratify the Conservation
Administrator's decision on the project. The Commission unanimously approved the
motion.
Review and Approval of Minutes
1. April 19, 2016
Having reviewed the above referenced minutes, Hayley Winfield moved, Bruce Evans
seconded the motion to approve them as written. The Commission unanimously
approved the motion.
Any Topics not reasonably anticipated by the Conservation Commission Chairman
At 8:20 PM, Bruce Evans moved, Hayley Winfield seconded the motion to adjourn the meeting.
The Commission unanimously approved the motion.
The meeting adjourned at 8:20 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 is the following:
1. Conservation Commission Approved Planting List:Cape Cod Cooperative Extension Service
(www.capecodextension.org), list of native woody plants for coastaUinland wetland buffer zones depicting the
species,size and natural spacing of plants
2. Massachusetts Department of Agricultural Resources...Invasive Plants in Massachusetts 111105
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website http.//town.brewsterma.us
Brewster Conservation Commission Minutes May 24, 2016 6