HomeMy Public PortalAboutConservation Commission -- 2017-04-18 Minutes lJ7 [
Chairman Michael Tobin , Commissioner Nicole Smith ,
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act
Massachusetts General Law Chapter 131, Section 40, t
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, April 18, 2017 meeting of the Brewster
Conservation Commission at 6 : 10 PM at the Brewster Town Offices, 2198 Main Street, Brewster,
MA,
Present
Vice Chairman Hayley Winfield , Commissioners Bruce Evans, William Klein , Peter Wells,
Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller, Department
Assistant Carol Spade
Not Present
Chairman Michael Tobin , Commissioner Nicole Smith
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
Notice of Intent
Jon F. O'Riordan III proposes a variance from the Brewster Wetlands Protection Bylaw to
upgrade an existing septic system, a portion of which is within 50 feet of inland wetlands.
Property is on 566 Lower Road , Assessors' Map 49, Parcel 136 (formerly 18122).
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
Paul Shea, Independent Environmental Consultants, Inc. , represented the applicant. He
described the resource areas and project as contained in the Notice of Intent, narrative, variance
request Delineation Field Data Forms and plan*, . ,
He explained that the Conservation Commission approved this project as proposed , in 2013;
however the septic system upgrade was never installed and the Order of Conditions expired.
Mr. Shea stressed that the proposed leaching field is positioned as high in elevation and as far
from wetlands as possible, on this site where groundwater is very high and which is surrounded
by inland wetlands on three sides.
Summary of Staff/Conservation Commission Comments
The Conservation Commission essentially confirmed the boundaries of the resource areas as
accurate, as shown on the site plan*.
Due to the presence of high groundwater, Commissioners requested that any approval of the
project contain conditions regulating water displacement.
Brewster Conservation Commission Minutes April 18, 2017 1
Commissioner Evans requested the disturbed areas be planted with native herbaceous
vegetation.
Summary of Public Comments
The public had no comment.
Bruce Evans moved , William Klein seconded the motion to continue the hearing to May 9 , 20172
to allow the Conservation Administrator to draft findings and special conditions for an Order of
Conditions for the project, as discussed. The Commission unanimously approved the motion .
* List of documents submitted for the Notice of Intent and discussed at this hearing:
1 . Stephen A. Haas Engineering, Inc. Site Plan, Septic System Design 566 Lower Road, 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
Request for Determinations of Applicability
Shawn Driscoll requests determinations as to whether the area — coastal resources, and
the work — repair of an existing rock revetment coastal engineering structure - are subject
to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 102
Kingfisher Cartway, Assessors' Map 91 , Parcel 12 (formerly 7/10).
Summary of Applicant Testimony
Bob Perry, PE, Cape Cod Engineering , Inc. , represented the applicant. He described the
resource areas and project as contained in the Request for Determination and plan". Mr. Perry
explained that specifically, one, approximately one-ton boulder became dislodged . Some of the
face stones must be moved to return the boulder securely onto the revetment. Mr. Perry
estimates that the project will entail heavy equipment and take no more than one day.
Summary of Staff/Conservation Commission Comments
Commission/staff comments included requests for assurance that the project will entail no more
than described as to time, complexity and disturbance to the resource area; however, if approved
under the Determination process, it will require special conditions.
Summary of Public Comments
The public had no comment.
William Klein moved , Bruce Evans seconded the motion to close the public hearing and issue
determinations, as shown , to include a letter from the Conservation Administrator regarding
special conditions for protection of coastal wetland interests:
Negative Determination
2. The work described in the Request is within an area subject to protection under the Act, but will not
remove, fill , dredge , or alter that area. Therefore, said work does not require the filing of a Notice of
Intent.
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 . Cape Cod Engineering, Inc. Site Plan Showing Proposed Revetment Repair Location, March 28,
2017
Topic not reasonably anticipated by the Conservation Commission Chairman
Brewster Conservation Commission Minutes April 18, 2017 2
• Shawn Driscoll and Mary Carten — Alteration of vegetation on and within 50 feet of
coastal resource areas , 102 Kingfisher Cartway, Assessors' Map 91 , Parcel 12
(formerly 7110) .
Following discussion on the alteration so evidenced , the Conservation Commission
concluded the Conservation Administrator shall send a letter to the above referenced
property owners, requiring that all cutting immediately cease and the responsible parties
desist from this and any unauthorized activity on or within 100 feet of resource areas.
Public Hearings (Continued)
(Continued Hearing) Jonathan P. and Susan N. Rice. . . propose "after-the-fact" , a variance
from the Brewster Wetlands Protection Bylaw to mitigate for prior cutting of woody
vegetation within 50 feet of coastal resource areas, and to continue to maintain said
coastal vegetation . Property is on 67 Carver Road , Assessors' Map 50, Parcel 43 (formerly
3120).
Eligible voters : Evans, Klein , Smith , Tobin , Winfield Hearing opened March 21 , 2017
(testimony taken)
The project proponent submitted a written request to continue the above referenced hearing to
May 23, 2017, William Klein moved, Bruce Evans seconded the motion to continue the hearing to
May 23, 2017, The Commission approved the motion unanimously.
(Continued Hearing ) Patrick Ellis, Director, Department of Public Works, Town of Brewster,
proposes to clear vegetation including root material, and patch existing pavement and
delineate vehicle parking stalls in former paved recreational tennis court areas. Work and
activity is within 100 feet of wetland resource areas outside of 50 feet of wetlands, and is
proposed in accordance with MA DEP Stormwater Management Requirements, on
property owned by the MA Department of Environmental Management, 179 Crosby Lane,
Assessors' Map 115, Parcel 7 (formerly 9115).
Eligible voters : Evans, Klein, Smith, Tobin, Winfield Hearing opened April 4, 2017
(testimony taken)
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 Peter Wells certified in writing that he thoroughly examined all
evidence received at the public hearing of April 4 , 2017 , the only previous testimonial
hearing he did not attend . Examination of evidence included visiting the site, reviewing all
evidence received and the videotape and/or minutes of the hearing , prior to the
proceeding hearing.
The Conservation Commission continued the April 4, 2017 public hearing to allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project.
The Conservation Administrator explained she understands the applicant approves the findings
and special conditions for this project, as drafted.
Following review of findings and special conditions under the WPA and BWP By-law, Bruce
Evans 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, Peter
Wells, Hayley Winfield (4-0)
(Continued Hearing) Woodland Lakes Association, c/o Jane Remy, proposes to plant
native woody vegetation and construct temporary protective snow fencing at the Woodland
Lakes Association shorefront property on Sheep Pond. Property is on 0 Crowell's Bog
Road , Assessors' Map 73, Parcel 6 (formerly 41 /10-22).
Eligible voters: Evans, Klein, Smith, Tobin, Winfield Hearing opened April 4, 2017 (testimony taken)
Brewster Conservation Commission Minutes April 18, 2017 3
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 Peter Wells certified in writing that he thoroughly examined all
evidence received at the public hearing of April 4, 2017, the only previous testimonial
hearing he did not attend . Examination of evidence included visiting the site, reviewing all
evidence received and the videotape and/or minutes of the hearing, prior to the
proceeding hearing .
The Conservation Commission continued the April 4, 2017 public hearing to allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project.
Jason Ellis , LSIT, J . C . Ellis Design , submitted a statement in writing to the Commission that as
representative for the owner, the applicant accepts 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 discussed, and issue an Order of Conditions. The
Commission unanimously approved the motion . Eligible voters: Bruce Evans, William
Klein, Peter Wells, Hayley Winfield (4-0)
(Continued Hearing) Evelyn B. Maguire Trust proposes a variance from the Brewster
Wetlands Protection Bylaw, to replace a failed cesspool likely sitting in the groundwater
table, with a septic system meeting Title V of the MA Sanitary Code. The proposed upgrade is
located in and within 50 feet of a coastal dune resource area; it is designed to serve the four
bedroom capacity of the existing dwelling. Property is on 254 Robbins Hill Road ,
Assessors' Map 38, Parcel 84 (formerly 2/12).
Eligible voters: Evans, Klein, Smith, Tobin, Winfield Hearing opened April 4, 2017 (testimony taken)
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 Peter Wells certified in writing that he thoroughly examined all
evidence received at the public hearing of April 4, 2017, the only previous testimonial
hearing he did not attend . Examination of evidence included visiting the site, reviewing all
evidence received and the videotape and/or minutes of the hearing , prior to the
proceeding hearing .
The Conservation Commission continued the April 4 , 2017 public hearing to allow the
Conservation Administrator to draft findings and special conditions for an Order of Conditions for
the project.
John O'Reilly, PE, PLS, J . M. O' Reilly, Inc. , attended . He concurred that as representative for the
owner, the applicant accepts the proposed findings and special conditions of the Conservation
Commission for this project under the WPA and BWP By-law, as drafted .
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 discussed, and issue an Order of Conditions. The
Commission unanimously approved the motion . Eligible voters: Bruce Evans, William
Klein, Peter Wells, Hayley Winfield (4-0)
Carl Sigsbee proposes projects including building an 8 by 12 foot addition to an existing
dwelling, an addition to an existing deck and installing a stone terrace and walkway, within
100 feet of inland wetlands. Property is on 45 Crane's Lane, Assessors' Map 34, Parcel 12
(formerly 361304).
Brewster Conservation Commission Minutes April 18, 2017 4
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. *
Summary of Applicant Testimony
George Reilly, Land Design Associates, represented the applicant. He described the resource
area and various components of the project as contained in the Notice of Intent, narrative and
plans*. . .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan*.
Discussion centered on the following :
• Mitigation for necessary tree/shrub removal (shrubs/tree species protecting wetland
areas near the relocated driveway, etc. ) (Species chosen from the Cape Cod Cooperative Extension
Service fwww.capecodextension.oro) list of acceptable plantings for fresh water buffer zones; depicting the
species, size and natural spacing of plants appropriate for this environment).
• In addition to the stone terrace and walkway, the paving material for the proposed
basketball court shall be pervious.
• A proposed underground propane gas fuel tank shown on the plan within 50 feet of
wetlands, shall have a protective excavation limit of work. The fuel and use thereof shall
not adversely affect wetland interests.
Summary of Public Comments
The public had no comment.
William Klein moved , Bruce Evans seconded the motion to continue the hearing to May 9, 2017,
to allow the Conservation Administrator to draft findings and special conditions for an Order of
Conditions for the project, to incorporate conditions relative to the discussed Commission
concerns. The Commission unanimously approved the motion .
The Commission will also continue the hearing for receipt of the following :
• 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.
*List of documents submitted for the Notice of Intent and discussed at this hearing:
1 . Soule Land Surveying. . . Land Design Associates. ..Site Plan, 45 Cranes Lane, Narrative, Plan Showing
Plantings for Parking, Entry Walks. . . Land Design Associates March 7, 2017
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
Thomas and Erin Champlin propose a variance from the Brewster Wetlands Protection
Bylaw to maintain an existing vista corridor from their dwelling to the bay. Property is on
106 Upland Circle, Assessors' Map 127, Parcel 18 (formerly 10/2048).
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. *
Summary of Applicant Testimony
John O'Reilly, PE, PLS, J . M . O'Reilly, Inc. , represented the applicant. He described the inland
and coastal resource areas and project as contained in the Notice of Intent, narrative, variance
request and plan*. He explained this project is essentially a continuance of a pruning project for
the former owners of the property, through Order of Conditions SE 9-1361 ,
Brewster Conservation Commission Minutes April 18 , 2017 5
Summary of Staff/Summary of Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan".
Discussion occurred between the Conservation Administrator and Mr. O' Reilly, confirming that
the applicant does not intend to use herbicides to remove the invasive species remaining in the
project area.
Summary of Public Comments
The public had no comment.
Bruce Evans moved , William Klein seconded the motion to continue the hearing to May 9, 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 .
The Commission will also continue the hearing for receipt of the following :
• 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.
* List of documents submitted for the Notice of Intent and discussed at this hearing:
1 . J. M. O'Reilly.. .Site Plan. . .106 Upland Circle, 3/30/17 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
The Natural Resources Director had no report at this time.
Report of the Conservation Administrator
The Conservation Administrator reported, as follows:
1 . 2017 Letter from 74 MA Conservation Commissions : For protection of the natural
environment, Conservation Commissions Request Governor Charles Baker end his
support for proposed interstate gas pipelines, as they impede the state's
greenhouse gas reduction goals in the MA Global Warming Solutions Act.
Conservation Commissions believe this is an important next step after Executive
Order 569 : Establishing an Integrated Climate Change Strategy for the
Commonwealth.
The Commission consensually agreed that Ms. Bramer shall send the above letter to
Governor Charles Baker, as written .
2. Dave Lager, NETCO Construction Project Managers, Inc. heavy machinery over
salt marsh and shellfish beds, seaward of 102 Governor Prence Road , 58122 (4/4) —
Following a description of the events and review of photos showing clearly, heavy
machinery track alteration of salt marsh and shellfish beds, the Commission consensually
directed the Conservation Administrator to send an enforcement order to Dave Lager,
requiring him to attend the public meeting of May 9, 2017, for a show cause hearing .
Discussions
Review of Plan Change
1 . Michele Wolf, Order of Conditions SE 9-1656 for additions to a single family
dwelling , the relocation and upgrade of an existing septic system and landscaping
request as to whether grading and re-building an existing deck shall constitute a
Brewster Conservation Commission Minutes April 18 , 2017 6
minor change to plan - on 72 Wynn Way, Assessor's Map 23, Parcel 31 (formerly
Map 36, Parcel 200)
Michelle Wolf attended , explained her proposal and its need, as she understood it, as
stated above.
Following discussion , the Commission consensually agreed the proposal shall constitute
a minor change to the plan. The Conservation Administrator shall submit to her in
writing , the conditions under which this may occur.
2. Don Ziegler, Builder/Diane Stoffel, Negative Determinations issued (with
conditions) for raising the roof line, replacing windows and siding to a structure,
etc., within 50 feet of wetlands - request as to whether demolishing and re-building
the structure shall constitute a minor change to the plan - on 50 Dennison Road,
Assessors' Map 69, Parcel 109 (formerly 5/65)
Don Ziegler attended , explaining the proposed changes to the original plan .
The Conservation Commission consensually agreed the purpose and scope of the new
proposal has substantially changed and increased . . , such that project shall require a
Notice of Intent with a variance request.
Review and Approval of Minutes
1 . April 4, 2017
Having reviewed the above referenced minutes, Bruce Evans moved, Peter Wells
seconded the motion to approve them as written . The Commission unanimously
approved the motion .
Document signatures
The meeting adjourned at 7 : 05 PM,
Carol Spade
*Note:
The words, 'Welland" 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:
1. Conservation Commission Approved Planting List Cape Cod Cooperative Extension Service
(wwwcapecodextension.org), list of native woody plants forcoastal/inland wetland bufferzones depicting the
species, size and natural spacing of plants
2. Massachusetts Department of Agricultural Resources. . .Invasive Plants in Massachusetts1/1/05
3, Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website http./Hown.brewsterma. us
Brewster Conservation Commission Minutes April 18, 2017 7