HomeMy Public PortalAboutConservation Commission -- 2016-12-06 Minutes Brewster Conservation Commission Minutes—Meeting Under
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act
Massachusetts General Law Chapter 931, 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, December 6, 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, Peter Wells, Conservation Administrator Noelle Bramer, Natural Resources 3
Director Chris Miller
Not Present
Department Assistant Carol Spade
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."
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Public Hearings
Hearings
(Continued Hearing)Jonathan Rosenfeld and Arlene Feldman request variances from the BWP By- i
law,to(demolish and)reconstruct a new, enlarged dwelling with terrace, and construct a garage and
storage area and sewage disposal system less than 50 feet of both coastal and Inland resource
areas and within the DEP regulated 200 Riverfront Area; and to remove invasive plant species—on E
102 Cedar Hill Road,Assessors Map 38, Parcel 29(formerly 214).
Eligible voters: Evans, Klein, Smith, Tobin,Wells,Winfield Hearing opened November 1, 2016
(testimony taken), continued to November 22(testimony taken).
The Conservation Commission continued the hearing of November 22, 2016, to allow the
applicant to address all concerns discussed at this hearing.
1. Garage moved outside of 50 foot buffer zone.
2. Legal ownership of mitigation area.
John O'Reilly, J. M. O'Reilly, Inc. and Nicholas Crawford, Jenick Studio Landscape Architecture,
represented the applicants. Mr. O'Reilly described the revisions to the site plan. Jonathan
Rosenfeld attended, and expressed his concerns over previous Commission, etc., comments
regarding the project.
The representatives repeated* they believed mitigating measures are proposed that will
allow the project to be conditioned so that it contributes to the protection of the resource
values identified in the BWP Bylaw. They are still awaiting information from other
Brewster officials on proposed invasive species removal/mitigation and mitigation
planting on town owned land.
Summary of Conservation Commission/Staff Comments
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As with the previous hearings, Commission concerns focused primarily on the garage,
additional living space and storage area proposed within 50 feet of resource areas and
requiring a variance under the BWP By-law. This discussion among the Commissioners
and Administrator Bramer centered on existing impervious sections (asphalt, etc. and
other ground hardening likely from past parking), beneath the area under in which the
garage structure is proposed. Ms. Bramer believed this existing impervious component is
central as to whether the Commission might approve this garage, living space and
storage area.
Chairman Michael Tobin explained that the garage within 50 feet of resource areas has become
more of a concern having visited the site, and he and Commissioner Klein believed it would be
more environmental protective sited next to the dwelling. Commissioner Evans remarked that a
garage is not an essential component of the project(a"feasible alternative"exists).
Ultimately, Commissioners Smith, Evans and Chairman Tobin believed the proposed !
plant mitigation, with or without mitigation proposed on town land, demonstrates the
project will result in no adverse impact on wetland interests protected under the BWP By-
law,
Commissioners Klein and Winfield remained appreciative of the plant mitigation, while still
concerned over the garage, additional living space and storage area within 50 feet of resource
areas.
Ms. Bramer then referenced and read aloud, portions of a second letter*from abutters Maria and
William Gaine, dated 1214116.
Summary of Public Comments
The public had no comment.
Nicole Smith moved, Peter Wells seconded the motion to continue the hearing to January 3,
2017, to allow the Conservation Administrator to draft special conditions for an Order of
Conditions for the project as presented at this time. The Commission approved the motion.
The Commission will also await further information on proposed invasive species
removal/mitigation planting on town owned land. j
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Site and Sewage Disposal System Plan,J.M.O'Reilly...102 Cedar Hill Road,rev. 11128116,CLM
Restoration Plan,Narrative,Variance Request,Land Management Plan Crawford Land Management rev.
11110/16
2. Conservation Commission minutes,November 1,November 22,2016
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(Continued Hearing) Mark L. Houghton requests variances from the BWP By-law,to(demolish and)
reconstruct a new dwelling, Install a coastal stairway and remove invasive plant species in and
within 50 feet of coastal resource areas and in the DEP regulated 200 foot Riverfront Area -on 83
Cedar Hill Road, Assessors Map 38, Parcel 27 (formerly 2138).
Eligible voters: Evans, Klein,Tobin,Wells,Winfield Hearing opened November 1, 2016(testimony
taken), continued to November 22(testimony taken).
The project proponent submitted a written request to continue the above referenced hearing to
December 20, 2016. Hayley Winfield moved, William Klein seconded the motion to continue the
hearing to December 20, 2016, The Commission approved the motion unanimously.
(Continued Hearing)Town of Brewster requests a variance from the Brewster Wetlands Protection
Bylaw to demolish a disused annex building and replace the structure with appropriate fill and native
vegetation--on 2198 Main Street, Assessors' Map 68, Parcel 127(formerly 16176).
Eligible voters: Evans, Klein, Smith,Tobin,Wells,Winfield Hearing opened November 22, 2016
(testimony taken). i
The Conservation Commission continued the hearing of November 22, 2016, to allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project.
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Following review of 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,Nicole Smith,Peter
Wells,Hayley Winfield,Michael Tobin(6-0)
(Continued Hearing)Town of Brewster Ecological Restoration Project—Chris Miller,Town of
Brewster, proposes to mechanically remove(harvest)macrophyte aquatic vegetation from Walker's
Pond to reduce phosphorous in Walker's Pond, Upper and Lower Mill Pond and Stony Brook
(variance from the Brewster Wetlands Protection Bylaw).Off Slough Road,Approximate Assessors'
Map 10 on, Parcel NA(formerly 38).
Eligible voters: Evans, Klein,Smith,Tobin,Wells,Winfield Hearing opened November 22, 2016
(testimony taken).
Summary of Applicant Testimony
Tara Nye, Environmental Scientist, Horsley and Witten Group, Inc. and Natural Resources
Director Chris Miller, represented the applicant.
The Conservation Commission continued the hearing of November 22, 2016, to allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project.
Following review and discussion by the applicant of 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 revised as discussed, and issue
an Order of Conditions. The Commission unanimously approved the motion. Eligible voters:
Bruce Evans, William Klein,Micole Smith,Peter Wells,Hayley Winfield,Michael Tobin(6-0)
(Continued Hearing)Town of Brewster Crosby Marsh Salt Marsh Restoration Project—Patrick Ellis,
Brewster Department of Public Works, proposes to replace a culvert under Crosby Lane, and
improve tidal flow, increase beach resiliency and improve management and treatment,of stormwater
runoff from Crosby Lane and the Crosby Landing parking lot(variance from the Brewster Wetlands
Protection Bylaw). Property owners,Town of Brewster and Department of Environmental
Management-on Crosby Lane and Crosby Landing,Assessors' Map 115, Parcels 7,8, 10 and 11
(formerly 9115 and others).
Eligible voters: Evans, Klein,Smith,Tobin,Wells,Winfield Hearing opened November 22, 2016
(testimony taken).
The Commission continued the hearing of November 22, 2016, in part to await a response from
the MA Division of Fisheries and Wildlife, MA Natural Heritage and Endangered Species Program
(NHESP) as to the project's occurrence in and potential effect on Priority Habitat for non-wetlands i
plant and wildlife under the MA Endangered Species Act(MESA), and Estimated Habitat Map of
Rare Wildlife under the WPA...
The Commission and applicant received a letter on December 2, 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."
The Conservation Commission continued the hearing of November 22, 2016, primarily to allow
the Conservation Administrator to draft findings and special conditions for an Order of Conditions I
for the project.
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Summary of Applicant Testimony
Tara Nye, Environmental Scientist, Horsley and Witten Group, Inc. and Natural Resources
Director Chris Miller, represented the applicant.
Summary of Public Comments
A Brewster citizen submitted a (below referenced) copy of a letter addressed to Matthew A.
Beaton, EOEA*, to the Conservation Commission on December 6, 2016; Re: 15603— Public
Comment on Crosby Land Salt Marsh Restoration, Beach Access Resiliency & Stormwater
Management Project.
Having previously read the letter, the Commission and staff acknowledged it, and directed
Conservation Administrator Branner to read into the record, the portion of the letter pertaining to
the Notice of Intent before the Commission, as to the project's effects on the interests protected
under the 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).
Ms. Bramer read from the citizen's letter, the following:
"Require a draft and final Environmental Impact Report (EIR)
Expand the Alternatives Analysis"... and other portions of the letter.
As to the Alternatives Analysis under the Brewster Wetland Protection Regulations Part V
Variances* respecting the culvert replacement, the bioretention system for stormwater management,
etc., the staff recommended and the Commission determined the applicant had thoroughly
explored all possible alternatives.
Ms. Bramer reviewed the draft findings and special conditions under the WPA and BWP By-law.
Mr. Miller and Ms. Nye determined amendments were required for some of the conditions.
The Commission determined the need for a condition regarding a careful attempt by the applicant
to preserve all the existing large conifers in the coastal resource area. Should any fail to survive,
each shall be replaced with three appropriate native conifers (3:1 mitigation).
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Hayley Winfield moved, Peter Wells seconded the motion to close the hearing, approve the project
with findings and special conditions revised as discussed, and issue an Order of Conditions.The
Commission unanimously approved the motion. Eligible voters:Bruce Evans, William Klein,Nicole
Smith,Peter Wells,Hayley Wintleld,Michael Tobin(6-0) ?
'List of documents submitted for the Notice of Intent and discussed at this hearing:
1. November 29,2016 letter to—Matthew A. Beaton,EOEA from Chris Powlcki
cc: Noelle Bramer,Brewster Conservation Administrator... Re: 15603-Public Comment on Crosby Lane
Salt Marsh Restoration,Beach Access Resiliency&Stormwater Management Project 1
(Continued Hearing)Michael and Ann Bartosiewlez propose to construct an addition to an existing
dwelling,shown on submitted site plan to be within 49+feet of inland wetlands,on 37 Fiddlers' Lane,
Assessors' Map 49, Parcel 150 (formerly 18140).
Eligible voters: Evans, Klein,Smith,Tobin,Wells,Winfield Hearing opened November 22, 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. i
Summary of Applicant Testimony
John O'Reilly, PE, PLS, J. M. O'Reilly, Inc., represented the applicants. He described the
resource areas and project as contained in the Notice of Intent, narrative, variance request,
Delineation Field Data Forms and displayed plan*; explaining that the Delineation Field Data
Forms and a revised plan were submitted in response to a request from the Conservation
Administrator, as site plans for past projects on and near the lot depicted conflicting wetland
delineations. However, Mr. O'Reilly stated that the wetland line for this project remains as was
submitted on 11128116.
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Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan*.
The Conservation Administrator then placed a transparency*of a plan drawn in 1995, over the
2016 plan. This transparency showed that significant clearing had occurred in and directly
adjacent to the inland wetland system on the easterly portion of the lot, subsequent to the1995
depiction. She and Commissioners recommended the Conservation Commission require a site
plan revised to show the following:
1. Extended mitigation in the specific area altered without wetland authorization. Diverse
shrub/trees from the Cape Cod Cooperative Extension Service
(www.capecodextension.org), list of acceptable plantings for fresh water wetland/ buffer
zones depicting the species, size and natural spacing of plants appropriate for this
environment.
2. Removal of an extensive amount of bottles and other debris from the wetland area.
3. Relocation of an existing shed further from the wetland area,
Summary of Public Comments
The public had no comment.
Hayley Winfield moved, Peter Wells seconded the motion to continue the hearing to December
20, 2016, to allow the applicant time to revise the plan as requested, and for the Conservation
Administrator to draft findings and special conditions for an Order of Conditions for the project,
including the following:
1. Work construction debris shall not take place or be stored on the wetland side of the
siltation barrier/limit of work.
The Commission unanimously approved the motion.
'List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Site Plan,J.M.O'Reilly...37 Fiddler's Lane Proposed sunroom and Deck,11/28/16 Narrative,Variance
Request j
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 j
(WPA)regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife
3. 310 CMR 10,55 Delineation Field Data Forms
4. Transparency 1895 37 Fiddler's Lane(to be submitted)
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(Continued Hearing) Ming and Jennie Lee propose to demolish an existing cottage and construct a
new dwelling and garage. The activity,which includes tree, shrub and other vegetation removal and
planting with native plants, Is proposed to be In and within 50 feet of coastal resource areas
(variance from the Brewster Wetlands Protection Bylaw), On 336 Robbins Hill Road,Assessors' Map
38, Parcel 77(formerly 213).
Eligible voters: Evans, Klein, Smith,Tobin,Wells,Winfield Hearing opened November 22, 2016 (no 3
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
Matt Farrell, J. M. O'Reilly, Inc., and Jen Crawford, Jenick Studio Landscape Architecture
represented the applicants. The property owners attended. The representatives described the
resource areas and project as contained in the Notice of Intent, narrative, variance request, land
management plan and displayed plan*... Ms. Crawford stressed that as native shrubs are
proposed in the 50 foot buffer zone to the coastal resource areas, native grasses and forbs
chosen for strong fibrous roots conducive to erosion control are proposed at the seaward-most
area of the 50 foot buffer zone, to preclude alteration of the eroding coastal resource area i
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Summary of Staff/Conservation Commission Comments
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The Conservation Commission did not confirm resource area accuracy as shown on the site
plan*. The Conservation Administrator recommended the Conservation Commission elect to
retain a professional coastal consultant. (See public hearing below.)
At the request of Staff and Commissioner, Ms. Crawford acknowledged she will remove proposed
foliar herbicide from the management plan for treating invasive plants, and reconsider lawn areas
within 50 feet of coastal resources.
Mr. Farrell will revise the site pian to snow the following:
• The patio portion outside of 50 feet of coastal resource areas.
• Detail on building components including downspouts to drainage.
• Specific detail on proposed re-built coastal stairway.
Summary of Public Comments
The public had no comment.
Hayley Winfield moved, Peter Wells seconded the motion to continue the hearing to January 3,
2017, to allow time for all of the above.
The Commission unanimously approved the motion.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Site Plan,J.M.O'Reilly...336 Robbins Hill Road 1014/6 Sheet 1 of 2 Narrative,Variance Request
Crawford Land Management October 25,2016 Land Management Plan
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
(Continued Hearing) Ming and Jennie Lee request to nourish with on-site sand,construct staked
double layer blankets of coir(experimental in Cape Cod Bay)and plant native vegetation,and
construct a sand drift fence in coastal resource areas (variance from the Brewster Wetlands
Protection Bylaw).On 336 Robbins Hill Road,Assessors' Map 38, Parcel 77(formerly 213).
Eligible voters: Evans, Klein,Smith, Tobin,Wells,Winfield Hearing opened November 22, 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
Matt Farrell, J. M. O'Reilly, Inc., and Jen Crawford, Jenick Studio Landscape Architecture
represented the applicants. The property owners attended, The representatives described the
resource areas and project as contained in the Notice of Intent, narrative, variance request, land
management plan and displayed plan*...
Summary of Staff Comments
Natural Resources Director Miller explained he is very familiar with the subject area of Brewster's
coastline, and it has experienced significate erosion in the recent past. He had several concerns
with regard to the proposed project, and recommended the Commission retain a professional I
coastal consultant for the project.
Summary of Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan*,
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Summary of Public Comments
The public had no comment.
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Hayley Winfield moved, Peter Wells seconded the motion to continue the hearing to January 3,
2017, to allow the Conservation Commission to retain a professional coastal consultant to review
the project and coastal resource areas, and submit a written professional opinion regarding the
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project. The Conservation Administrator shall submit requests for proposals to three professional
consultants. The Commission unanimously approved the motion.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Site Pian,J.M.O'Reilly...336 Robbins Hill Road 101416 Sheet 2 of 2 Narrative,Variance Request
Crawford Land Management November 4,2016 Land Management Plan
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
Robert Wlesel, Sea Pines Condominiums Association, proposes(variance from the Brewster
Wetlands Protection Bylaw)vista vegetation management in and within 50 feet of coastal resource
areas. Property is on 0 Sea Pines Drive,Assessors' Map 78, Parcel 77,etc.(formerly 6120).
Notices of Intent
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
John O'Reilly, PE, PLS, J. M. O'Reilly, Inc., and Jen Crawford, Jenick Studio Landscape
Architecture represented the applicant.
Ms, Crawford described the resource areas and project in detail, as contained in the Notice of
Intent, narrative, variance request, Land Management Plan and displayed plan*. She explained
the focus of this project is to rectify any unsuccessful results of past wetland permitting, via the
site assessment and strategy for improving the coastal resource area(s), by removing invasive
plant species, planting and/or managing existing native species to create native Maritime Dune
and Maritime Shrubland and Sandplain Heathland communities, as defined by the Natural
Heritage and Endangered Species Program, for enhanced wildlife habitat and erosion control.
Ms. Crawford acknowledged she will remove proposed foliar herbicide from the management
plan for treating invasive plants
Summary of Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan*.
Summary of Public Comments
The public had no comment.
Hayley Winfield moved, Peter Wells seconded the motion to continue the hearing to December
20, 2016, to allow Crawford Land Management to revise the plan as discussed, and for the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project
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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...Existing Conditions Plan 11116!16,Crawford Land Management Restoration Plan and
Restoration Planting Detail 11111116,Narrative,Variance Request,Crawford Land Management Land
Management Plan 11111/16
2. Rare Species,310 CMR 10.55 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
The Natural Resources Director reported that recreational hunting season is ongoing; Natural
Resources staff has posted "No Hunting" signs at various areas in the Punkhorn Parklands due to
their observance of hunters in the area, where this activity is not allowed. He explained that the
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staff works with the MA Environmental Police in this regard, and provides individuals with rules
and regulations and maps designating areas in which recreational hunting is allowed on town
owned lands.
Report of the Conservation Administrator '
The Conservation Administrator reported on the following:
1. 0 Underpass Road, 781117 (151156)
Ms. Bramer informed the Commission she issued a verbal cease and desist order to the
owners of the above listed property for clearing within 100 feet of wetland, and requested E
they submit a plan designating wetlands and buffer zones.
2. Pamela Lloyd-Baker,SE 9-1558 42 Warren's Road, 38175(formerly 2133) 3
Ms. Bramer updated the Conservation on the status including submittal of bond payment
and other document submittal, etc. of the above regarding compliance with special
conditions 1335; mitigation.
Requests for Extensions to Orders of Condition
1. Cobbs Pond Condo Association SE 9-1603, 5715 (1711)
2. Barth/Knight.Order of Conditions SE 9-1609,39 Carver Road,
Assessors' Map 50, Parcel 41 (formerly Map 3, Parcel 19)
Following the recommendation of the Conservation Administrator, Hayley Winfield
moved, Bruce Evans seconded the motion to approve the above referenced request for
an extension, under the MA ACT and BWP Bylaw for one year. The Commission
unanimously approved the motion.
Request for Certificates of Compliance
1. Ryone, SE 9-1617, 169 Fiddlers' Lane, 48135 (1813
The Conservation Commission did not act on the above request.
Document signatures
Request for Administrative Review
Susan Kaukas, 78 Old Red Top Road, 12172 (381116), removal of dead tree branch material
As contained in her Administrative Report and accompanying photo, 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, Nicole Smith seconded the motion to ratify the Conservation
Administrator's decision on the project. The Commission unanimously approved the motion.
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Discussions E
1. Review of 2017 Meeting Schedule
Having reviewed the above referenced schedule, the Conservation Commission
consensually approved it as written.
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Review and Approval of Minutes I
1. November 1, 2016 (re-review) E
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2. November 22, 2016 E
Having reviewed the above referenced minutes, Hayley Winfield moved, Nicole Smith i
seconded the motion to approve them as written. The Commission unanimously
approved the motion,
Any Topics not reasonably anticipated by the Conservation Commission Chairman
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At 9:30 PM, Hayley Winfield moved, Nicole Smith seconded the motion to adjourn the meeting.
The Commission unanimously approved the motion.
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The meeting adjourned at 9:30 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.
As the municipal focal point for environmental protection Conservation Commissions were given the
responsibility in 1972 for administering the ACT. Since that time the Commissions have served in a
regulatory as well as a conservation capacity.
In 1979, Lovequist v. Conservation Commission of Town of Dennis,the Supreme Judicial Court upheld that
by-laws are not In conflict with the Wetlands Protection Act, so long as they impose stricter standards on
projects affecting wetlands and other resource areas.
Among the list of documents`for this meeting is the following.
T. 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
Q, Meeting video recording, Town of Brewster Website http://town.brewstar.ma.us
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