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Home My Public Portal AboutConservation Commission -- 2016-10-18 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 Vice Chairman Hayley Winfield convened the Tuesday, October 18, 2016 meeting of the Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present Vice Chairman Hayley Winfield, Commissioners Bruce Evans, William Klein, Nicole Smith, Peter Wells, Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller, Assistant Carol Spade Not Present Chairman Michael Tobin Vice Chairman Winfield 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 Commissioner Nicole Smith was recused from the following hearing: Sanford and Madeline Zevon propose to install a new septic system and well, and request a variance from the BWP By-law to demolish and rebuild an existing single family dwelling within 50 feet of inland resource areas, and remove and rebuild beach stairs in and within 50 feet of inland resource areas, on 40 Cranview Road, Assessors' Map 10, Parcel 66 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 October 18, 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 Stephanie Sequin, PE, Ryder and Wilcox, Inc. represented the applicants. She described the various inland resource areas on the site, and the project which includes upgrading an existing cesspool to a septic system compliant with the State Sanitary Code, as contained in the Notice of Intent, narrative, variance request and displayed plan*. Brewster Conservation Commission Minutes October 18, 2016 1 Summary of Conservation Commission/Staff Comments During staff/Commission discussion, the Commissioners consensually agreed all proposed vegetation removal necessary for the project shall be marked in the field, necessitating a second site inspection. The applicant shall revise the site plan to show the following: 1. The entire rebuilt building, including deck, located outside of 50 feet of wetlands; 2. The in-ground pond access stairs elevated a minimum of two feet above grade; 3. All impervious driveway components removed and replaced with a drive of pervious materials; 4. All trees and other vegetation proposed for removed clearly delineated and keyed; 5. Construction access clearly shown, detailed and described, (proposed to be from the existing drive on the west of the property) entirely outside of 50 feet to wetlands; 6. Work limit line revised on the south section of the property, as close as possible to the existing dwelling; 7. Due to site topography characteristics, double strength siltation barriers at work limit line for protection of wetland interests. The applicant shall also submit a mitigation plan for the project, showing plants drawn from the Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service (www.capecodextension.org), list of native woody plants for inland wetland buffer zones, depicting the species, size and natural spacing of plants. Summary of Public Comments Two members of the public; abutters Jamie McGrath and Carol Casey, attended. Mr. McGrath stated that he was alarmed by the large mass of the proposed reconstructed dwelling. He asked that the Conservation Commission act to uphold its statutory mandate of protecting all interests of the WPA and BWP Bylaw, in reaching a decision on this project. Carol Casey requested the Commission consider the proximity of the proposed septic system upgrade for the project, as to any potential impacts on wetlands, including the bordering vegetated wetland (bog)on the northerly section of the property. At the suggestion of Commissioner Bruce Evans, Chairman Winfield polled the Commission as to the mass of the project. Eligible voting members were consensually concerned over the large scale of the proposed dwelling. William Klein moved, Peter Wells seconded the motion to continue the hearing to November 1, 2016, to allow the applicant to revise the plan, etc., as discussed above. The Commission approved the motion. *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Site Plan, Proposed Dwelling&On-site Sewage Treatment... 40 Cranview Road, Ryder&Wilcox,Inc. 9/15/16,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 Nicole Smith returned to the meeting table at this time. 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, Vice Chairman Winfield certified in writing that she thoroughly examined all evidence received at the public hearing of October 4, 2016, the only previous testimonial Brewster Conservation Commission Minutes October 18, 2016 2 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) Bruce and Kathleen Berry, Philip and Nancy Magnuson and Paula and David Miller propose to remove/reconstruct a coastal stairway system, replacing same with an open elevated stairway system. The project is proposed in and within 50 feet of Coastal Resource Areas, on 98 and 102 Governor Prence Road, Assessors' Map 58, Parcels 22 and 23 (formerly 4/4,4/5). Eligible voters:Evans,Klein,Smith,Tobin Hearing opened on October 4,2016(testimony taken) The Conservation Commission continued the October 4 hearing to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project. Bruce Berry submitted a statement in writing to the Commission on both his behalf and that of the other property owners, that they accept the proposed findings and special conditions of the Conservation Commission for this project under the WPA and BWP By-law. Following review of findings and special conditions under the WPA and BWP By-law, William Klein 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, William Klein,Nicole Smith,Michael Tobin(4-0) Phyllis Bursma requests a variance from the BWP By-law,to nourish a coastal resource area with sand. Property is on 0 Crocker Lane, Assessors' Map 69, Parcel 3 (formerly 5/204-51). 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 Catherine Ricks represented the applicant. She described the resource area and project, as contained in the Notice of Intent, narrative, variance request and plan*, and stressed that the proposed sand nourishment is important to the natural littoral drift system. American beach grass, native little bluestem and big bluestem will provide wildlife habitat to coastal resource areas. Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan*. Commissioners requested clarification, and discussed the proposed "turf reinforcement matting" covering the beach nourishment, which Ms. Ricks confirmed is composed of natural materials which will biodegrade. Summary of Public Comments The public had no comment. Nicole Smith moved, William Klein seconded the motion to continue the hearing to November 1, 2016, to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project The Commission unanimously approved the motion. *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Coastal Engineering Company,Inc.Plan,Showing Proposed Beach Nourishment 9/28/16 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 Brewster Conservation Commission Minutes October 18, 2016 3 The public had no comment at this time. Discussions 1. Eversource Energy - Request for permission to remove one large pine tree for utility clearance on Town owned land, 22 Slough Road The Conservation Commission consensually approved the above. Report of the Natural Resources Director The Natural Resources Director reported... 1. Town of Brewster proposes clearing of connecting pipe for flow restoration at Herring Run and installation of a fish counter at 830 Stony Brook Road,Assessor's Map 35, Parcel 47 (formerly 36/21) In a continuation of a discussion from October 4, 2016 on the above, Mr. Miller stated the fish counting system is proposed to be installed and removed seasonally each calendar year. He and the Conservation Administrator are in the process of discussion as to the need for further wetland permitting for this work, or whether it can be achieved by means of a current Order of Conditions. Report of the Conservation Administrator The Conservation Administrator reported... 1. Pamela Lloyd-Baker,42 Warrens War; SE 9-1558, On September 20, 2016, the Conservation Commission discussed the possibility for granting a Certificate of Compliance for construction with mitigation plantings, despite the following condition in the Order of Condition SE 9-1558: 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. Mitigation plantings are newly installed. Ms. Bramer informed the Commission she will request an opinion from Brewster Town Counsel on legalities involving the Commission's informal agreement on September 20, 2016, as to bond payment for granting a Certificate of Compliance in this circumstance. 2. Amended Order of Conditions Preliminary Discussion under MA DEP DWW Policy 85-4 Order of Conditions SE 9-1702, 96 Winterhoff Trail, 69/45 (5/7) - Request for Commission to determine whether purpose or scope of new proposal-revision of Land Management Plan -has not substantially changed and/or increased... such that project can be reviewed as an amendment Following discussion, the Conservation Commission consensually agreed to entertain a request for an amendment to the above referenced Order of Conditions, contingent on the applicant's submittal of all documentation in compliance with the above DEP policy and abutter notification for a public hearing under the BWP Bylaw. Requests for Extensions to Orders of Condition 1. Lieb/Town of Brewster Order of Conditions SE 9-1582, 268 and 0 Breakwater Road, 58/36, 37 (4/15, 55), coir,sand, etc. 2. Smith Order of Conditions SE 9-1596, 267 Crocker Lane, 69/5 (5/202), coir,sand, etc. Following the recommendation of the Conservation Administrator, Bruce Evans moved, Peter Wells seconded the motion to approve the above referenced requests for extensions, under the MA ACT and BWP Bylaw for one year. The Commission unanimously approved the motion. Brewster Conservation Commission Minutes October 18, 2016 4 Requests for Administrative Review 1. Mary Cornetta Brown, 51 Gould Drive, 68/85(5/95), removal of 5 infested trees,to be replaced with three tupelo As contained in her Administrative Report, the Conservation Administrator believed the above referenced project does not meet parameters for an activity under the Commission's Administrative Review process, and denied the project. Following discussion, Nicole Smith moved, Bruce Evans seconded the motion to ratify the Conservation Administrator's decision. The Commission approved the motion to deny the project under Administrative Review. William Klein abstained. 2. M. Carolyn Noering, 50 Gilbert Road, 91/22 (7/50), removal of 1 pine and overhanging tree branches 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. Following discussion, Peter Wells 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. October 4, 2016 Having reviewed the above referenced minutes, William Klein moved, Nicole Smith seconded the motion to approve them as written. The Commission approved the motion. Peter Wells abstained. Document signatures The meeting adjourned at 8:05 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 coastallinland 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 October 18, 2016 5