HomeMy Public PortalAboutConservation Commission -- 2016-12-20 Minutes Brewster Conservation Commission Minutes—Meeting Under
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act
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 '
Calf to Order
Vice Chairman Hayley Winfield convened the Tuesday, December 20, 2016 meeting of the
Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street,
Brewster, MA.
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Present
Vice Chairman Hayley Winfield, Commissioners Bruce Evans, William Klein, Peter Wells,
Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller
Not Present
Chairman Michael Tobin, Commissioner Nicole Smith, 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."
Public Hearings
Requests for Determinations of Applicability
Town of Brewster Eddy Elementary School requests determinations as to whether the
work—the re-establishment of the existing nature trail which runs between the Eddy and
Stony Brook Elementary schools, and the area -are subject to the Wetlands Protection Act
and jurisdiction of the BWP Bylaw. Property is on 2298 Main Street and 384 Underpass
Road, Assessors' Map 77 and 76, Parcels 58 and 22 (formerly Assessors' Map 16, Parcels
80-1, 80-2).
Summary of Applicant Testimony
Charles McKendree, a teacher at the Brewster Elementary School system represented the applicant, He
described the resource area, the history of the project and the project as contained in the Request
for Determination and displayed topographic plan of the area*. He stressed that the trail will
serve as a beneficial link to a trail nearby designed by the Brewster Conservation Trust and
approved by the Conservation Commission on November 1, 2016. Mr. McKendree also
described a vernal pool in the project area, which he is working to officially certify with the MA
DEP Natural Heritage and Endangered Species Program. He hopes to educate students in this
certification process through the trail experience.
Summary of Staff/Conservation Commission Comments
Commissioners requested information as to the formal process in certifying a vernal pool, which
Mr. McKendree described, as to pool size and discovery of vernal pool species such as fairy
shrimp and spotted salamander.
Summary of Public Comments
The public had no comment.
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Peter Wells moved, William Klein seconded the motion to close the public hearing and issue
determinations as recommended by the Conservation Administrator and 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:
• To protect wildlife, pruning/cutting for the trail shall not occur during the months of
June,July and August.
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. NHESP Map-Oliver(showing Site Locus)
2. Eddy School Pedestrian Trail(2 overviews)
(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 60 feet of coastal resource areas and in the DEP regulated 200
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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), December 6 (no
testimony).
The Conservation Commission continued the hearing of November 22, to allow the applicant time
to eliminate the proposal for a coastal stairway on town property and for further discussion with
the Board of Selectmen on mitigating for the project by planting native vegetation on town
property.
Summary of Applicant Testimony
David Lyttle, PLS, Ryder and Wilcox, Inc., represented the applicant. Mark Houghton attended.
Mr. Lyttle described the changes as requested by the Commission on November 22. He then
stated that the Brewster Board of Selectmen approved creation of a maximum two-foot wide foot
path on town owned land, leading to Robbins Hill Road, as shown on the revised plan`.
Through the course of discussion, Mr. Houghton contended that the footpath is necessary.
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Summary of Staff/Conservation Commission Comments
Natural Resources Director Miller discussed that (as the Board of Selectmen approved the
previous evening) he will recommend the Commission allow and require on the western section €
of the lot as well as that area of town owned land, a diverse array of native cedar trees to screen
the property from Paine's Creek Town Landing, and that plants may be installed after the dwelling I
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is rebuilt. He requested the Commission draft special conditions for this requirement, should the
board approve the project. j
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He further requested special conditions of the owner's land and the town owned area coincide
with the Board of Selectmen's requirements and/or licensing agreement with the owner.
Mr. Miller further requested that a special condition focus on requiring annual monitoring reports
with photos documenting the status of erosion or lack thereof from the on-ground path.
Ms. Bramer expressed concern that the applicant's proposed footpath will create erosion. j
Ms. Winfield stated she will not support a footpath and that the owners have the alternative of
using their existing driveway for pedestrian access.
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Further Commission discussion focused on the Commission's desire for a mass of native
plantings on the subject property, and clarification on the amount of mitigation encompassing the
now existing lawn.
Summary of Public Comments
The public had no comment.
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William Klein moved, Bruce Evans seconded the motion to continue the hearing to January 3,
2017 for review in the field by the Commission of the proposed pathway, and to allow the j
Conservation Administrator to draft findings and special conditions for an Order of Conditions,
should the Conservation Commission approve the project.
The Commission unanimously approved the motion.
`List of documents submitted for the Notice of Intent and discussed at this nearing:
1. Site Pian Showing Proposed Dwelling,83 Cedar Hill(toad,rev.12120/16(received at hearing),narrative,
supporting Information
(Continued Hearing) Michael and Ann Bartosiewicz 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) continued to December 6 (testimony taken).
The Conservation Commission continued the hearing of December 6 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.
.John O'Reilly, PE, Bennett and O'Reilly, Inc., submitted a statement in writing to the Commission
that as representative for the owners, the applicant accepts the proposed findings and special
conditions of the Conservation Commission for this project under the WPA and BWP By-law with
the exception of a revised plan*date as described.
Summary of Public Comments
The public had no comment.
Following review of findings and special conditions under the WPA and BWP By-law Peter Wells
moved, Bruce Evans seconded the motion to close the hearing, approve the project with findings
and special conditions as amended, and issue an Order of Conditions. The Commission
unanimously approved the motion. Eligible voters:Bruce Evans, William Klein,Peter Wells,Hayley
winneld(4-0)
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1. Site Pian,J.M.O'Reilly...37 Fiddler's Lane Proposed sunroom and Deck,rev.12112116
(Continued Hearing) Robert Wiesel, 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 f
78, Parcel 77, etc. (formerly 6120).
Eligible Voters— Evans, Klein, Smith,Tobin,Wells,Winfield. Hearing opened December 6, F
2016 (testimony taken).
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Angela Tanner, Jenick Studio Landscape Architecture represented the applicant. She described
several revisions regarding the Conservation Administrator's draft findings and special conditions
of the Conservation Commission for this project under the WPA and BWP By-law.
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Summary of Public Comments
The public had no comment.
William Klein moved, Bruce Evans seconded the motion to close the hearing, approve the project
with findings and special conditions as amended, and issue an Order of Conditions. The
Commission unanimously approved the motion. Eligible voters:Bruce Evans, William Klein,Peter
Wells,Hayley Winfield(4-0)
Cape Cod Sea Camps/Camp Wono, Inc., requests to amend Order of Conditions SE 9-1504
to increase the dimensions of sand drift fence, nourish the beach on an as needed basis,
and maintain two access ways, etc. -on 3057 Main Street, Assessors' Map 101, Parcel 45
(formerly 8/8).
Summary of Applicant Testimony
Jay Norton, Coastal Engineering, Inc., represented the applicant. He briefly described the
resource area and project as contained in the request and shown on the plan*.
Summary of StafflConservation Commission Comments
The Commission and staff believed the applicant had submitted the information necessary to
amend the Order of Conditions.
Summary of Public Comments
The public had no comment.
As requested by the Vice Chairman Winfield, William Klein moved, Bruce Evans seconded the
motion to amend the above referenced Order of Conditions. The Commission unanimously
approved the motion. Eligible voters:Bruce Evans, William Klein,Peter Wells,Hayley Winfield(4.0)
1. Coastal engineering Co.Site Pian,Cape Cod Sea Camps 3057 Main Street Plan Showing Proposed
Drift Fence 10/25/16
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Citizens' Forum
The public had no comment at this time.
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Discussions
Report of the Natural Resources Director
The Natural Resources Director had no report at this time.
Report of the Conservation Administrator
The Conservation Administrator reported on the following:
1. The Conservation Commission determined to retain a professional coastal consultant to
review the below captioned project and associated coastal resource areas, and submit a
written professional opinion regarding the project. The Conservation Administrator
submitted requests for proposals to three professional consultants, and received the
following:
December 16,2016 Consultant Advisory Proposal--336 Robbins Hill Road,Jim
O'Connell regarding Ming and Jennie Lee -request to nourish with on-site sand,
construct staked double layer blankets of coir(experimental in Cape Cod Bay)and i
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, E
Assessors' Map 38, Parcel 77 (formerly 213).
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The Commission consensually agreed to accept the above proposal.
2. Ms. Bramer requested Commission advice on the level of filing for equipment access to,
excavation and repair of an existing well within 100 feet of inland wetlands, The
Commission consensually agreed the work will require the filing of a Request for
Determination of Applicability.
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Requests for Extensions to Orders of Condition
1. SE 9-1610, Elizabeth W. Rice, 67 Carver Road, 50143 (3/20)
Fallowing the recommendation of the Conservation Administrator, Peter Wells moved,
William Klein 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.
Topic not reasonably anticipated by the Conservation Commission Chairman
Elizabeth W. and Jonathan P. Rice, 67 Carver Road, 50143 (3120)
Violation of Massachusetts General Law Chapter 939, Section 40,
Wetlands Protection Act and Brewster Wetlands Protection Bylaw Wetland Regulations
The Conservation Administrator reported that the above referenced property owners
conducted unauthorized cutting of coastal shrubs/trees, all at a level uniform height of
approximately two feet.
She stated she will send the owners documentation requiring an "after-the fact" Notice of
Intent as mitigation, in hopes this will preclude further enforcement and fines.
Requests for Certificates of Compliance
1. SE 9-1613, Mary Cornetta-Brawn, 51 Gould Drive, 68185 (5195) =
Following the recommendation of the Conservation Administrator that the project
complies with the Orders of Condition, Peter Wells moved, Bruce Evans seconded the
motion to approve the above referenced Certificates of Compliance under the MA ACT
and BWP Bylaw, The Commission approved the motion.William Klein abstained.
2. SE 9-1558 Pamela Lloyd-Baker,42 Warren's Road, 38175(formerly 2/33)
The Commission did not act on the above request,
3. SE 9-1617, Ryone,169 Fiddlers' Lane, 48135 (1813
Following the recommendation of the Conservation Administrator that the projects comply
with the respective Orders of Condition, Peter Wells moved, William Klein seconded the
motion to approve the above referenced Certificate of Compliance under the MA ACT
and BWP Bylaw. The Conservation Administrator shall send a special letter to the owner
regarding compliance issues on the property. The Commission unanimously approved
the motion.
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Document signatures
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Requests for Administrative Review
1. Diane Stoffel, 50 Dennison Road, 691109 (5165) siding, roof work
Don Ziegler, builder, attended, and described the project, which is proposed to occur
within approximately 50 feet of wetlands.
The Conservation Commission and Natural Resources Director Miller believed the project
does not meet parameters for an activity under the Commission's Administrative Review
process. Peter Wells moved, Bruce Evans seconded the motion to deny the project
under the Administrative Review. The Commission unanimously approved the
motion. The project will require that the applicant file a Request for a Determination of
Applicability.
2. Jeff and Karen Tyndall, 208 Canoe Pond Road, 23154 (361221),septic excavation
3. Jeff and Julie Drake, 127 Main Street,47113 (23123-2)
The Conservation Administrator believed the above referenced projects meet parameters
for activities under the Commission's Administrative Review process, and approved the
projects under Administrative Review. Peter Wells moved, Bruce seconded the motion to
ratify the Conservation Administrator's decision on the projects. The Commission
unanimously approved the motion.
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Review and Approval of Minutes
1. December 6, 2016
Having reviewed the above referenced minutes, William Klein moved, Bruce Evans
seconded the motion to approve them as written. The Commission unanimously
approved the motion.
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The meeting adjourned at 7:58 PM.
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Carol Spade
"!Vote:
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 j
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 j
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. i
Among the list of documents*for this meeting is the following:
9. Conservation Commission Approved Planting List:Cape Cod Cooperative Extension Service
(www.capecodextension.org),list of native woody plants for coastatlinland 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
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