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Home My Public Portal AboutConservation Commission -- 2017-02-21 Minutes i 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, -Li Brewster Wetlands Protection Bylaw (BWP Bylaw) Wetland Regulations 1.01 --9.15 Call to Order Vice Chairman Hayley Winfield convened the Tuesday, February 21, 2017 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, Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller Not Present Chairman Michael Tobin, Commissioner Peter Wells, Department Assistant Carol Spade Vice Chairman Winfield read the following into the record: "As required by the Massachusetts Open Meeting Law,the Conservation 1 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 1 Requests for Determinations of Applicability Public Hearings Requests for Determinations of Applicability James P. King, Highland Property Owners' Association, requests determinations as to whether the work— removal of six trees, grading, pavement removal and construction of a curb and retaining walls at a paved boat launch, and the area -are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 0 Surry Lane, Assessors' 1 Map 51, Parcel 126 (formerly 401214). F Summary of Applicant Testimony James P. King and Robert Melier represented the Highland Property Owners' Association. They described in depth the resource area and project, and the necessity of the project, as contained in the Request for Determination and pian*. Summary of Staff/Conservation Commission Comments Although not a component of the proposal, Vice Commissioner Winfield requested the Commission allow under the Determination process, removal of all wooden retaining walls along the shoreline. The Commissioners recommended -should the Commission approve the project under this application, specific special conditions to protect the resource areas; including the following: Erosion control measures in all areas; most importantly in the area of curb removal (a crucial area for erosion control). Brewster Conservation Commission Minutes February 21, 2017 1 ' 1 • Planting appropriate native fast growing herbaceous plants for erosion control. The Conservation Administrator will submit to the applicant, specific documentation on approved, non-cultivar herbaceous species. • Planting only appropriate native ground cover species. The Conservation Administrator will submit to the applicant, specific documentation on approved native, non-cultivar groundcover species. • Planting at minimum, one shrub/tree 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 a diverse species array, showing, size and natural spacing of plants-to replace each tree proposed to be removed Summary of Public Comments The public had no comment. Nicole Smith 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 Conservation Administrator's letter containing special conditions as determined by the Commission and staff. i 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. Highlands Common Area Conservation Plan(not to scale)rev. 10/31/16 ! Town of Brewster Millsite Committee requests determinations as to whether the work— construction of a wooden shed on a concrete slab foundation to house public sanitary facilities, and the area -are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 830 Stony Brook Road, Assessors' Map 35, Parcel 47 (formerly 36121). Summary of Applicant Testimony Douglas Erickson, Chairman, Brewster Millsite Committee represented the applicant. He f described the resource area and project as contained in the Request for Determination and plan... He stressed that the Millsite Committee chose the proposed shed location considering both the area of least environmental impaction and public need. Summary of Staff/Conservation Commission Comments I The Commission stressed the need for roof runoff control of the structure, and a request that the applicant plant an appropriate native tree or shrub conducive to wildlife habitat to mitigate for the tree slated for removal. i Summary of Public Comments The public had no comment. William Klein moved, Nicole Smith 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 Conservation Administrator's letter containing special conditions as determined by the Commission and staff. Brewster Conservation Commission Minutes February 21, 2017 2 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. The Mill Site in Brewster MA...Nickerson & Berger(partial plan) May, 1950 2. Evelations, Floor Plan, Shed for Stony Brook Millsite 2110116 Notice of intent Michael Tusick proposes (variance from the Brewster Wetlands Protection Bylaw)to install a septic system meeting Title V of the State Sanitary Code and remove and abandon an existing cesspool within 50 feet of inland resources. Property is on 49 Swift Lane, Assessors' Map 69, Parcel 101 (formerly 5123). 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. : 1 Summary of Applicant Testimony Jason Ellis, J. C. Ellis Design represented the applicant. He described the resource area and project as contained in the Notice of Intent, narrative, variance request, Delineation Field Data Forms and plan*. He stressed that the existing cesspools are essentially in groundwater, and the proposal leaching field requires special components due to difficult environmental conditions on the site. i Summary of Conservation Commission Comments j The Conservation Commission did not officially confirm resource area accuracy as shown on the site plan*. Commission consensus was the project constitutes a positive improvement to the environment. Summary of Public Comments The public had no comment. 1 Nicole Smith moved, William Klein seconded the motion to continue the hearing to March 7, 2017, 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. 1 The Commission will also await a file number from MA Department of Environmental Protection (DEP), showing the application under the State is complete; *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. J. C. Ellis Design Septic System Upgrade Plan 49 Swift Lane 11/17/16 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 3. 310 CMR 10.55 Delineation Field Data Forms Citizens' Forum The public had no comment at this time. Discussions 1. February 1, 2017 Eversource Energy Notice to Municipal Officials of 2017 Vegetation Management Plan (VMP) and Year Operational Plan (YOP) Intent to apply Herbicides to Power Line Rights-of Way Brewster Conservation Commission Minutes February 21, 2017 3 Ms, Bramer stated that the Conservation Department received the above notice and accompanying letter on February 7, 2017. It included four maps showing 2017 Rights-of- Way, and sensitive areas. In a slight deviation from the notice of 2016, Eversource Energy requested all Municipal Officials review the maps that locate the rights-of-way and the location of other known sensitive areas, and report those areas of concern to Eversource Energy. i Discussion Summary A representative of Protect Our Cape Cod Aquifer(POCCA); attended the Conservation Commission's Discussion of May 10, 2016, with respect to the 2016 Yearly Operational Plan.* The Commission/Conservation Administrator concluded the Conservation Administrator shall (again) contact POCCA, and also communicate with the Brewster Conservation Trust/Compact of Cape Cod Conservation Trusts, the Cape Cod Ponds Coalition, j Brewster Board of Selectmen and other MA Government officials, regarding the Eversource Energy's proposal to spray herbicides for clearing vegetation along power line rights-of way throughout Brewster in the year 2017. 3 The Conservation Commission consensually agreed to submit a letter to Eversource Energy and Massachusetts State Pesticide Bureau relative to its serious concerns over the entire above referenced plan, referencing the particular sensitive areas where herbicides shall not be applied. The letters shall be sent prior to the close of comment period pursuant to the Commonwealth of Massachusetts Department of Agricultural Resources, which must determine to approve or deny the Eversource Energy Yearly Operational Plan (YOP). *List of documents submitted for discussion: 1. February 1, 2017 Eversource Energy 45 Day Yearly Operational Plan Public Notice, Review and Comment Period, 2. February 1, 2017 Eversource Energy Letter to Municipal Official, • Eversource Energy Eastern MA 1017 Operational Plan Brewster Right of Way 346E (4 maps) • Brewster Conservation Commission minutes, May 10, 2016 I Request for Administrative Review 1. Town of Brewster Bakers Pond Area, land under control of Conservation Commission, Assessors' Map 137, Parcel 61 (31/30); new trail segment/relocation within 100 feet of inland wetlands - Huck Natural Resources Director Chris Miller and Jahn Lamb, Brewster Conservation Trust, attended. Mr. Miller stated that the intent of the trail relocation is to ensure trails are not too near or ' on private land. Town of Brewster Huckleberry Hill, Assessors' Map 136 Parcel 2 (31/37), new trail segmentirelocation within 100 feet of inland wetlands Mr. Lamb referenced that part of the trail relocation will extend south to the Conservation Commission controlled land known as Huckleberry Hill(captioned above). 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. 3 Brewster Conservation Commission Minutes February 21, 2017 4 l Following discussion, the Conservation Commission consensually approved the Conservation Administrator's decision on the project. Review and Approval of Minutes 1. January 30, 2017 Executive Session Minutes 2. February 7, 2017 Minutes Having reviewed the above referenced minutes, William Klein moved, Nicole Smith seconded the motion to approve them as written. The Commission unanimously approved the motion. i Report of the Natural Resources Director The Natural Resources Director reported that the coastal areas experienced natural beach erosion during recent storms. All town landings have approved open permitting for replacing sand and/or erosion control fencing. The Town staff will begin adding sand at the western portion of the coastal lands beginning at Paine's Creek Landing, and move east. Staff will erect erosion control sand drift fencing at Little Breakwater Beach, Also, work will commence in the near future on two Orders of Conditions at Ellis Town Landing for drainage structures. However, at present, staff will add sand to the beach and correct an existing ramp to allow the safe access. Work will soon commence on removing sand on the walking path leading to the beach on Crosby Town Landing. Report of the Conservation Administrator The Conservation Administrator had no report at this time. Any Topics not reasonably anticipated by the Conservation Commission Chairman Vice Chairman Winfield reported on many downed trees near trails in the Punkhorn Parklands as the result of recent storms. I Document signatures j At approximately 7:45 PM, Nicole Smith moved, William Klein seconded the motion to adjourn the meeting. The Commission unanimously approved the motion. 1 I The meeting adjourned at approximately 7;45 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 1:00 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. Brewster Conservation Commission Minutes February 21, 2017 5 9. Conservation Commission Approved Planting List.,Cape Cod Cooperative Extension Service (www.capecodextension.org), list of native woody plants for coastaYinland 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 i 3 3 1 i E 1 i 3 a 3 i i I f i } I , I { i f I Brewster Conservation Commission Minutes February 21, 2017 6