HomeMy Public PortalAboutConservation Commission -- 2016-09-20 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)
(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 —9.15
Call to Order
Chairman Michael Tobin convened the Tuesday, September 20, 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, Nicole Smith, Conservation Administrator Noelle Bramer, Natural Resources Director Chris
Miller, Department Assistant Carol Spade
Not Present
Commissioner Peter Wells
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."
Discussions
1. Jeff Thibodeau, Brewster Conservation Trust,0 North Pond Drive,Assessor's Map
89, Parcel 57 (formerly 27/84-2); Stormwater drainage improvements using rain
garden technology for protection of Blueberry Pond
Jeff Thibodeau, Land Acquisition and Management Specialist, Brewster Conservation
Trust, and John O'Reilly, PE/PLS, J. M. O'Reilly, Inc., attended as representatives of the
Brewster Conservation Trust. Mr. Thibodeau stated this discussion is essentially a
continuation and expansion of a discussion from the Conservation Commission meeting
of July 12, 2016. The BCT has now discussed with Patrick Ellis, Superintendent,
Brewster Department of Public Works, the stormwater emanating from town owned roads
and rain garden technology.
Displaying a preliminary site plan*of the area, Mr. O'Reilly described in detail, the design
concept for stormwater drainage on the above parcel, owned by the Brewster
Conservation Trust. A large amount of stormwater flows from the upper topography levels
of the road (North Pond Drive). This lot is located at a low topographic level.
He described in detail the way in which the plan is designed to treat the stormwater in
compliance with the MA Stormwater Policy. It will redirect stormwater into catch basins
and a grassed subsurface leaching field, and excess stormwater will filter into an existing
natural swale(essentially a natural "rain garden")which will absorb nutrients through the
vegetation and soil. The natural wetland bordering Blueberry Pond at the lowest level of
the lot will further naturally absorb road nutrients so that the stormwater is treated before
it reaches underground and surface water.
Brewster Conservation Commission Minutes September 20, 2016 1
Mr. O'Reilly stressed that none of the actual proposed drainage work is located within
100 feet of wetlands, but the Trust believed it worthwhile to discuss this plan with the
Conservation Commission. This design might serve as a model for other stormwater
management systems in Brewster using rain garden technology.
Following questions and discussion, the Conservation Commission consensually agreed
to support appropriate stormwater infiltration project(s) such as the one described.
Documents submitted and discussed:
1. Brewster Conservation Trust...Blueberry Pond Area Map Showing Erosive Swale,etc.
2. Brewster Conservation Trust Preliminary Site Plan-North Pond Drive Proposed Road Drainage
Improvements J.M.O'Reilly&Associates 9/12/16
Reorganization of the Conservation Commission
Postponed at this time.
Public Hearings
Requests for Determinations of Applicability
William and Patricia Wood request determinations as to whether the work—construction
of a single car attached garage and relocation of an underground pipe servicing an
existing well, and the area -are subject to the Wetlands Protection Act and jurisdiction of
the BWP Bylaw. Property is on 24 Pine Pond Road,Assessors' Map 11, Parcel 7 (formerly
38/103).
Summary of Applicant Testimony
William Wood attended. He described the resource area and project as contained in the Request
for Determination and submitted plan*...
Summary of Staff/Conservation Commission Comments
The Commission noted the agenda comments of the Conservation Administrator.
Summary of Public Comments
The public had no comment.
Hayley Winfield moved, William Klein seconded the motion to close the public hearing and issue
determinations, as shown:
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).
• See accompanying letter regarding erosion control protection.
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. John M.O'Reilly,PLS Plot Plan for William Wood 24 Pine Pond Road 8/12/16
Nicole Smith was requested from the following hearing:
Robert and Mary Mauterstock request determinations as to whether the work—
construction of an addition to an existing single family dwelling, and the area -are subject
to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 727
Slough Road,Assessors' Map 19, Parcel 18 (formerly 51/11-3).
Summary of Applicant Testimony
Stephanie Sequin, PE, Ryder and Wilcox, Inc., represented the applicants. She described the
resource area and project as contained in the Request for Determination and plan*...
Summary of Staff/Conservation Commission Comments
Brewster Conservation Commission Minutes September 20, 2016 2
The Commission noted the agenda comments of the Conservation Administrator.
Summary of Public Comments
The public had no comment.
Hayley Winfield moved, William Klein seconded the motion to close the public hearing and issue
determinations, as shown:
Negative Determination
4. 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).
• See accompanying letter regarding erosion control protection.
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,Ryder and Wilcox,Inc.,Mauterstock 727 Slough Road,7/20/16
Nicole Smith returned to the meeting at this time.
Christopher and Dyanne Cooney request determinations as to whether the work—
upgrading an existing septic system, and the area -are subject to the Wetlands Protection
Act and jurisdiction of the BWP Bylaw. Property is on 159 Owl Pond Road,Assessors' Map
137, Parcel 13 (formerly 31/9).
Requests for Determinations of Applicability
Summary of Applicant Testimony
John O'Reilly, PE, PLS,J. M. O'Reilly, Inc., represented the applicants. He described the resource area
and project as contained in the Request for Determination and plan"...
Summary of Staff/Conservation Commission Comments
The Commission noted the agenda comments of the Conservation Administrator.
Summary of Public Comments
The public had no comment.
Hayley Winfield moved, Nichole Smith seconded the motion to close the public hearing and issue
determinations, as shown:
Negative Determination
5. 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).
• See accompanying letter regarding erosion control protection.
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,Inc.Site Plan,159 Owl Pond Road 8/8/16
Notice of Intent
(Continued Hearing) Neil Shifman and Deborah Rau request a variance from the BWP By-
law to construct additions to an existing dwelling within 50 feet of inland wetlands, on 87
North Pond Drive, Assessors' Map 89, Parcel 58 (formerly 27/84-1).
Eligible voters: Evans, Klein,Wells,Winfield Hearing opened on September 6,2016 (testimony taken)
The Conservation Commission continued the hearing of September 6, 2016, to allow the
applicant time for all revisions as discussed, and for a response from the MA Division of Fisheries
Brewster Conservation Commission Minutes September 20, 2016 3
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.
Summary of Applicant Testimony
John O'Reilly, PE, PLS, J. M. O'Reilly, represented the applicants. He stated he discussed with
his clients, the Commission's requirement that the four native pine trees within 50 feet of wetland
areas proposed for removal not be removed, and explained his clients would like the option of
pruning the trees if necessary, under the direction of a licensed arborist. He will submit plans
showing that revision, in accordance with legal time periods for the hearing of October 4, 2016.
Summary of Public Comments
The public had no comment.
William Klein moved, Bruce Evans seconded the motion to continue the hearing to October 4,
2016, to allow the applicant to revise the plan, and for 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.
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 Nicole Smith certified in writing that she thoroughly examined all
evidence received at the public hearing of September 6, 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 hearing.
The Commission unanimously approved the motion.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. J.M.O'Reilly...Site Plan,87 North Pond Drive,8/18/16 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
Citizens' Forum
The public had no comment at this time.
Report of the Natural Resources Director
1. Town of Brewster "Spruce Hill" Property, 3171 Main Street, 102/17 (8/9); land under
the management and control of the Brewster Conservation Commission
Mr. Miller reported that the Brewster Historical Society will soon vacate the main building
on this land. This building itself is under the authority of the Board of Selectmen, which it
has leased for many years to the Historical Society.
As contained in a letter*to the Conservation Commission from Brewster Town
Administrator Michael Embury and on his behalf, Mr. Miller requested the Commission
consider allowing administrative staff of the Brewster Counsel on Aging to locate in this
building temporarily until they can return to their permanent facility, and to allow removal
of three existing outbuildings in poor repair, to provide room for a small pervious (grass or
natural stone) parking area (approximately two or three parking spaces)for staff of the
Town of Brewster Counsel on Aging.
Brewster Conservation Commission Minutes September 20, 2016 4
Following discussion, Hayley Winfield moved, William Klein seconded the motion to allow
administration staff of the Brewster Counsel on Aging to locate in this building temporarily
and allow removal of three existing outbuildings, to provide room for a small pervious
(grass or natural stone) parking area (approximately two or three parking spaces)for staff
of the Town of Brewster Counsel on Aging, on a temporary basis. The Commission
unanimously approved the motion.
*Document submitted:
September 20,2016 letter to Conservation Commission from Brewster Town Administrator Michael Embury
Re:Spruce Hill
Report of the Conservation Administrator
Review of Plan Change
1. Frank King, 122 Governor Prence Road, 58, Parcel 20 (4/2); Order of Conditions SE
9-1695, request as to whether sistering two platform support posts, installation of
support post between upper and lower platform, and anchor posts 6 feet inland
from elevated stairs to restore stability and safety for use,shall constitute a minor
change to plan
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.
2. Order of Conditions SE 9-1659, 130 Gulls Way, 63/22 (34/55); request as to whether
removal of three Eastern White Pine, replaced with native shrubs, some additional
pruning,shall constitute a minor change to plan
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. Jane and Mark Fields, 257 Crocker Lane; 69/4(5/203), Order of Conditions SE 9-SE
9-1591 request as to whether to eliminate annual monitoring from requirements for
the coastal engineering structure—coir rolls,sturdy sand fence, beach
nourishment
The Conservation Commission discussed in depth, this request to eliminate the following
special condition from the above referenced Order of Conditions, and consensually
agreed not to approve the request:
A35. A detailed monitoring report shall be submitted to the Conservation
Commission prior to May 15,annually, outlining the condition of the shoreline
protection measures, beach system and site conditions. The monitoring report
shall include a detailed summary of any maintenance activities and beach
nourishment activities.
The Commission determined that the report shall remain a requirement. Professional
oversight and reporting are mandatory for ensuring compliance with the Order of
Conditions and ensuring that the interests protected by the Massachusetts Wetlands
Protection Act M.G.L. c. 131, §40 and the Brewster Wetlands Protection Bylaw, Chapter
172 under the Code of the Town of Brewster, Massachusetts are protected.
The Commission determined, however, to allow an annual professional report approved
by the Conservation Administrator, encompassing several of the properties along the
same coir envelope system. By this measure, the applicant may produce one
comprehensive document for abutting properties with the same coastal structures,
summarizing in detail the impacts of all storms (degree of erosion), the length of time coir
rolls are exposed and volume of sand nourishment applied to protect coir rolls and
ensure protection of downdrift properties, rather than individual annual monitoring
reports.
Brewster Conservation Commission Minutes September 20, 2016 5
Report of the Conservation Administrator(continued)
1. Pamela Lloyd-Baker,42 Warrens War; SE 9-1558, discuss possibility for
Certificate of Compliance for construction with mitigation plantings.
Pamela Lloyd-Baker and John O'Reilly, PE, PLS, attended, to request whether the
Commission might approve a Certificate of Compliance, not having complied with the
following required condition. Mitigation plantings are newly installed.
1335.The Conservation Commission shall require one to three full growing seasons
for mitigation plantings before issuing a Certificate of Compliance. Any Certificate
of Compliance granted before plant viability shall be conditional on prior submittal
of a performance bond,to be held until the Conservation Commission/Agent
determines plantings are mature enough to insure survivability and full enough to
protect the wetland.
Ms. Lloyd-Baker explained that she hopes to transfer a portion of this property which requires
mitigation to the Brewster Conservation Trust(BCT). BCT will monitor the plantings in that
ownership area.
The Commission informally agreed to this option, contingent on submittal with the request for a
Certificate of Compliance, of a$500.00 performance bond, to be held until the Conservation
Commission/Agent determines plantings are mature enough to insure survivability and full
enough to protect resource areas.
Requests for Extensions to Orders of Condition
1. Robert Newman,Ocean Edge-Blueberry Pond at Britterige Village;
Amended Superseding Ocean Edge Resort Limited Partnership/Robert Newman, MA
DEP File #SE 9-1570, Assessors Map 89, Parcel 1-3358 (formerly Map 27 Parcel 39)
docks,etc. project
2. Robert Newman, Ocean Edge-Blueberry Pond at Britterige Village; Superseding Order
of Conditions SE 9-1571, Assessor's Map 89, Parcel 1-3358 (formerly 27/39) vista
pruning project
3. Jane and Mark Fields, Order of Conditions SE 9-1591, 257 Crocker Lane, Assessors'
Map 69, Parcel 4(formerly 5/203)
4. William Kerlin, Order of Conditions SE 9-1594, 217 Crocker Lane, Assessors' Map 69,
Parcel 1 (formerly 5/206)(tentative).
Following the recommendation of the Conservation Administrator, Hayley Winfield moved,
William Klein seconded the motion to approve the above referenced request for extensions,
under the MA ACT and BWP Bylaw for one year(SE 9-1570 and SE 9-1571 approved until
the year 2018 as contained in the documents). The Commission unanimously approved
the motion.
Requests for Administrative Review
1. Nancy Ortiz, 376 Run Hill Road, 36/64(36/56), relocation of cooler system
2. John and Gail Szegda, 18 Moldstad Lane, 57/56, (17/19), hand removal of invasive
grape vines from three trees.
As contained in her Administrative Report and accompanying photos, the Conservation
Administrator believed the above referenced projects meet parameters for activities
under the Commission's Administrative Review process, and approved them under
Administrative Review. Following discussion, Hayley Winfield moved, Nicole Smith
seconded the motion to ratify the Conservation Administrator's decision on the projects.
The Commission unanimously approved the motion.
Review and Approval of Minutes
1. September 6, 2016
Having reviewed the above referenced minutes, Hayley Winfield moved, Bruce Evans
seconded the motion to approve them as written. The Commission approved the
motion. Nicole Smith abstained.
Brewster Conservation Commission Minutes September 20, 2016 6
Any Topics not reasonably anticipated by the Conservation Commission Chairman
Document signatures
At 8:10 PM, Bruce Evans moved, Hayley Winfield seconded the motion to adjourn the meeting.
The Commission unanimously approved the motion.
The meeting adjourned at 8:10 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 Massachusetts 111105
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website http://town.brewster.ma.us
Brewster Conservation Commission Minutes September 20, 2016 7