HomeMy Public PortalAboutConservation Commission -- 2017-05-09 Minutes Brewster Conservation Commission Minutes — Meeting Under
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act , M ;: 317 NN I r
Massachusetts General Law Chapter 131 , Section 40, 1
,
Wetlands Protection Act (WPA) , 310 CMR 10 . 00 Regulations
Massachusetts Department of Environmental Protection ( MA DEP )
( M . G . L . C . 131 . § 40 ) BFLb' iEOil a LERI :
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 , May 9 , 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 , Nicole Smith , Peter
Wells , Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller,
Department Assistant Carol Spade
Not Present
Chairman Michael Tobin
At 6 : 10 PM , William Klein moved , Bruce Evans seconded the motion to convene in
executive session , "to meet . . . as defined in M . G . L . c . 30A , § 21 ( a ) , to Discuss Strategy with
Respect to Litigation , as an Open Meeting May Have a Detrimental Effect on the
Negotiating Position of the Towns Paul T . Lucier v . Ronald H . Deschamps , et als
Assessors ' Map 139 , Parcel 4 (formerly 10122) - and to return to regular session . The
Commission voted by roll call : Bruce Evans , "Aye " , William Klein , " Aye" , Nicole Smith ,
"Aye " , Peter Wells , " Aye " , Hayley Winfield , " Aye" .
6 : 30 PM Open Session
Vice Chairman Hayley 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
( Continued Hearing ) John 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 ) . Eligible voters : Evans , Klein , Wells , Winfield Hearing opened April 18 , 2017
(testimony taken )
The Conservation Commission continued the April 18 , 2017 Conservation Commission hearing to
allow the Conservation Administrator to draft findings and special conditions for an Order of
Conditions for the project.
Paul Shea , IEC , 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 .
Following review of findings under the WPA and BWP By- law , and special conditions under the
BWP By- law , Bruce Evans moved , William Klein seconded the motion to close the hearing ,
Brewster Conservation Commission Minutes May 9 , 2017 1
approve the project with findings and special conditions as drafted , and issue an Order of Conditions .
The Commission approved the motion . Eligible voters: Bruce Evans, William Klein, Peter Wells, Hayley
Winfield (4-0) . Nicole Smith abstained .
( Continued Hearing ) 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 36/30 -8 ) .
Eligible voters : Evans , Klein , Wells , Winfield Hearing opened April 18 , 2017 (testimony
taken )
The Conservation Commission continued the April 18 , 2017 hearing to allow the Conservation
Administrator to draft findings and special conditions for an Order of Conditions for the project.
George Reilly 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 .
Following review of findings under the WPA and BWP By- law, and special conditions under the
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 approved the motion . Eligible voters: Bruce Evans, William Klein, Peter Wells, Hayley
Winfield, (4-0) . Nicole Smith abstained .
( Continued Hearing ) 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 ) .
Eligible voters : Evans , Klein , Wells , Winfield Hearing opened April 18 , 2017 (testimony
taken )
The Conservation Commission continued the April 18 , 2017 Conservation Commission hearing to
allow the Conservation Administrator to draft findings and special conditions for an Order of
Conditions for the project.
Thomas and Erin Champlin submitted a statement in writing to the Commission that they accept
the proposed findings and special conditions of the Conservation Commission for this project.
Following review of findings under the WPA and BWP By- law, and special conditions under the
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 approved the motion . Eligible voters: Bruce Evans, William Klein, Peter Wells, Hayley
Winfield (4-(li ) Nicole Smith abstained .
Marjorie K. Brodrick Family Trust, Going Coastal II LLC , Alan G and Kushid Smith and
Kerlin Crocker Lane Realty Trust request to Amend Orders of Condition SE 9 -1597 , SE 9 =
1591 , SE 9 -1596 and SE 9 -1594, to eliminate the condition for a bond requirement for sand
fill on a coastal beach . Properties are on 237 , 257 , 267 and 217 Crocker Lane , Assessors '
Map 69 , Parcels 2 , 4 , 5 and 1 (formerly 5/205 , 203 , 202 , 206 ) .
Summary of Applicant Testimony
Catherine Ricks represented the applicants . She relayed that ( on October 4 , 2016 ) , the
Commission agreed the applicants may submit requests to amend the Orders of Conditions to
require the above referenced bond as relating to repair of the coir roll only , eliminating the bond
requirement for applying sand fill , and the decision may serve as a preliminary discussion to this
amendment request process .
Summary of Summary of Conservation Commission Comments j
The Commission essentially agreed to this request through the Amendment process .
Brewster Conservation Commission Minutes May 9 , 2017 2
Summary of Public Comments
The public had no comment .
Nicole Smith moved , Peter Wells seconded the motion to continue the hearing to May 23 , 2017 ,
to allow the Conservation Administrator to revise the special conditions to so amend the Order of
Conditions for the project, The Commission unanimously approved the motion .
* List of documents submitted and discussed at this hearing :
1 . Request for Amended Order of Conditions Filing Package, 4/12/17
Nicole Smith was recused from the following hearing :
Timothy M . and Joan M . Hogan , Trustees , Hogan Realty Trust, propose (variance from the
Brewster Wetlands Protection Bylaw) to construct a two-story addition to an existing
dwelling . Property is on 68 Captain Young 's Way , Assessors ' Map 37 , Parcel 19 (formerly
2/75 ) .
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
Stephanie Sequin , PE , Ryder and Wilcox , Inc. , represented the applicant . She described the
various inland and coastal resource areas and the project in detail , as contained in the Notice of
Intent, narrative , variance request, Delineation Field Data Forms and displayed plan * . . .
Summary of Staff Comments/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan * .
Among issues of Commission concern were the following :
• A channel originating from the Captain Young ' s Way is directed into an underground
drainage pipe north of the dwelling and directs toward the wetland (s) area . The
Commission mandated that the pipe be plugged at its source .
• Existing floodlights on the structure must be removed :
"Exterior lights on the structure shall be directed downward and shielded so the
light does not illuminate wildlife habitat in jurisdictional areas. Spotlights and
floodlights shall not be installed within the 100 foot buffer zone of a resource area;
nor shall any spotlight or floodlight penetrate a resource area or 100 foot buffer
zone. "
• Ms . Bramer requested the applicant vary the proposed monoculture of native
Arctostaphylos uva- ursa ( bearberry) mitigation plantings , to include two or three more
species of appropriate* shrubs . This will be more conducive to wildlife values , and
contribute to plant resilience should one/some of the species not survive .
Summary of Public Comments
The public had no comment.
William Klein moved , Bruce Evans seconded the motion to continue the hearing to May 23 , 2017 ,
for the Conservation Administrator to draft findings and special conditions for an Order of
Conditions for the project. Special conditions shall include all of the concerns/requests of the
Commission and staff, as discussed .
The Commission approved the motion .
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . Ryder and Wilcox, Inc . . . . .Site Plan . . . 68 Captain Young ' s Way April 19 , 2017 , 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
Brewster Conservation Commission Minutes May 9 , 2017 3
Nicole Smith returned to the meeting table .
Don Ziegler proposes (variance from the Brewster Wetlands Protection Bylaw) to demolish
and reconstruct an existing garage structure , including foundation , adding a second story
to create habitable space addition to an existing dwelling . Property is on 50 Dennison
Road , Assessors ' Map 69 , Parcel 109 (formerly 5/65 ) .
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
Don Ziegler, Don Ziegler Carpentry , attended . He briefly described the project.
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site plan .
The Commission did not discuss the project . It was discussed on April 18 , 2017 * .
Summary of Public Comments
The public had no comment.
William Klein moved , Bruce Evans seconded the motion to continue the hearing to May 23 , 2017 ,
to allow the Conservation Administrator to draft findings and special conditions for an Order of
Conditions for the project and for a file number from MA Department of Environmental Protection
( DEP) , showing the application under the State is complete . The Commission unanimously
approved the motion .
* List of documents submitted for the Notice of Intent and discussed at this hearing .
1 . Ryder and Wilcox, PE, PLS Site Plan — Proposed Sewage Disposal System Frederick Stoffel , Jr.
December 4, 1990 50 Dennison Road - Variance Justification . . . Don Ziegler CSL
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. April 18, 2017 Conservation Commission minutes , page 7, paragraph 3
Citizens ' Forum
The public had no comment at this time .
Report of the Natural Resources Director
The Natural Resources Director reported . . .
1 . Town of Brewster Long Pond Landing , shed replacement in place - primarily
outside of 100 feet from wetland resource areas , Assessors ' Map 61 , Parcel 9
(49/16 , 25 -1 )
The Natural Resources Director relayed the necessity for replacing a shed essentially
outside of wetland jurisdiction .
2 . Feasibility Study — Long Pond Landing boat ramp Assessors ' Map 61 , Parcel 9
(49/16 , 25-1 )
Mr. Miller stated a study in underway for reconstructing the existing boat ramp at an
appropriate location on the landing , as the ramp is in very poor condition .
Report of the Conservation Administrator
The Conservation Administrator had no report at this time .
Show Cause Hearings/Violations
1 . Dave Lager, NETCO Construction Project Managers , Inc . heavy machinery over salt
marsh and shellfish beds , seaward of 102 Governor Prence Road , 58/22 (4/4) —
enforcement order ratification
Neither Mr. Lager nor a representative attended .
Brewster Conservation Commission Minutes May 9 , 2017 4
Bruce Evans moved , William Klein seconded the motion to continue the Show Cause Hearing
to May 23 , 2017 , and to ratify the Enforcement Order. The motion was approved
unanimously .
Vice Chairman Winfield was recused from the following hearing .
2 . Jay Merchant, all -terrain vehicle ( ATV) use over Quivett Marsh (salt marsh ) and
mooring of vessel in salt marsh channels land is under Conservation Restriction , under
the care , custody and control of the Conservation Commission , 0 Main Street, 6/14
( 1 /1 ) - enforcement order ratification
Commissioner Bruce Evans chaired this public hearing . Mr. Merchant attended .
The Conservation Administrator read aloud a letter with accompanying photos from the MA
Department of Conservation and Recreation ( DCR ) , noting primarily that while walking the
property in 2016 , DCR officials observed ATV tracks , and that this activity is not consistent
with the terms of the Conservation Restriction .
Ms . Bramer stated further that ( as contained in the Enforcement Order* and in the photos
from 2007 in her Administrative Report* , the ATV vehicle tracks have been impacting the salt
marsh , and appeared to originate from property on 217 and 219 Main Street , owned by
Wendy and Jay Merchant. The tracks adversely altered the growth , distribution and
composition of salt marsh resource area , a violation of Wetlands Protection Act (WPA) , 310
CMR 10 .00 Regulations10 . 32 : Salt Marshes , which states among other particulars ,
"Activities shall not have an adverse effect on the productivity of the salt marsh , . . . . . Also ,
( under the BWP Bylaw) 2 . 06 Salt Marshes , they are "the basis for a large food web that
supports many marine organisms , including finfish and shellfish . . . and activities " shall not
destroy any portion of the salt marsh ; shall not have an adverse effect on the productivity of
the salt marsh " .
Mr. Merchant recounted the history of his ownership of land on 217 and 219 Main Street,
stressing that although he believed he had prior authority from town officials , he will cease
and desist from all activity and will not anchor his vessel in the salt marsh channel .
He will meet with the Natural Resources Director for direction on compliance with mooring
regulations .
Administrator will write to the DCR statin
The Conservation Adm g that Mr. Merchant has met with
the Conservation Commission for a Show Cause Hearing , and has affirmed that he will cease
and desist from all activities and will remove the boat from the salt marsh resource area .
William Klein moved , Peter Wells seconded the motion to ratify the enforcement order. The
Commission approved the motion .
* Documents
I . April 7 , 2017 letter from Felicia Bakaj , Conservation Restriction Stewardship Coordinator,
Jennifer B . Howard , Director, Land Acquisition and Protection Program , MA Department of
Conservation and Recreation ( DCR)
2 . Enforcement Order, Jay and Wendy Merchant, April 26 , 2017
Vice Chairman Winfield returned to the meeting table and resumed chairing .
Pfannenstiehl/Bergstrom , Trustees , 91 Carver Road , Order of Conditions SE 9 - 1672
of
of a rock revetment and installation of coir envelopes on and within 50 feet
of coastal resources ) - request as to whether ( constructing a 4x4" slat sand drift fence )
shall constitute a minor change to plan - on 91 Carver Road , 50192 (3/154-3 )
Catherine Ricks , PE , Coastal Engineering , Inc . attended .
Brewster Conservation Commission Minutes May 9 , 2017 5
Following discussion , Wells moved , Evans seconded the motion that the above plan change as
described by the Conservation Administrator shall be considered minor, and thus approved . The
plan shall be so initialed as by the Conservation Administrator.
Requests for Extensions to Orders of Condition
1 . Order of Conditions , SE 9 -1631 , William & Lynn Kargman , 290 Foster Road ,
Assessors ' Map 79 , Parcel 26 (formerly Map 6 , Parcel 9 )
2 . Order of Conditions SE 94633 , Town of Brewster, Fisherman 's Landing Road , Map
62 , Parcels 21 & 22 (formerly Map 40 , Parcels 194 & 19 -8 )
3 . Order of Conditions SE 9 -1632 , Town of Brewster, 0 Linnell Landing Road , 103/14
(formerly 9/14 )
4 . Order of Conditions SE 9 - 1500 , Town of Brewster, Wing Island off Main Street , 1 /1
Following the recommendation of the Conservation Administrator, Smith moved , Evans
seconded the motion to approve the above referenced requests for extensions , under the
MA ACT and BWP Bylaw , for one year from the date of expiration . The Commission
unanimously approved the motion .
Requests for Certificate of Compliance
1 . Moses , Order of Conditions SE 9 -1618 , 42 Cedar Hill Road , Assessors Map 38 , Parcel
35 (formerly Map 2 , Parcel 45)
Following the recommendation of the Conservation Administrator that the project
complies with the Order of Condition , Smith moved , Wells seconded the motion to
approve the above referenced Certificate of Compliance under the MA ACT and BWP
Bylaw, The Commission unanimously approved the motion .
Ms . Bramer stressed , however, that four floodlights were installed on the exterior
of the building as shown in the photos of the Administrative Report, and are in
violation of the Order of Conditions and must be removed or replaced as follows :
"Exterior lights on the structure shall be directed downward and shielded so the
light does not illuminate wildlife habitat in jurisdictional areas. Spotlights and
floodlights shall not be installed within the 100 foot buffer zone of a resource area;
nor shall any spotlight or floodlight penetrate a resource area or 100 foot buffer
zone. "
Requests for Administrative Review
Smith was recused from the following request .
1 . Robert and Cheryl Dolan , 33 Franklin Cartway , 50/12 (3/157 ) , building alterations
Stephanie Sequin , PE , Ryder and Wilcox , Inc . , attended as representative for the
owners , and described the proposed work for the above referenced project.
The Conservation Administrator believed the project meets parameters for an activity
under the Commission ' s Administrative Review process , and approved it under
Administrative Review. Following discussion , Klein moved , Evans seconded the motion
to ratify the Conservation Administrator' s decision on the project. The Commission
approved the motion . Smith abstained .
Smith returned to the meeting table .
2 . William Roberts , 151 Hamilton Cartway , 93 -2 (47/82 ) , tree removal
The Conservation Administrator believed the above referenced project meets parameters
for an activity under the Commission ' s Administrative Review process , and approved it
under Administrative Review . Following discussion , Klein moved , Smith seconded the
motion to ratify the Conservation Administrator' s decision . The Commission
unanimously approved the motion .
3 . W. F . King , 122 Governor Prence Road , 58/20 (4/2) , tree removal
The Conservation Administrator believed the above referenced project meets parameters
for an activity under the Commission ' s Administrative Review process , and approved it
i
Brewster Conservation Commission Minutes May 9 , 2017 6
under Administrative Review. Following discussion , Evans moved , Klein seconded the
motion to ratify the Conservation Administrator' s decision . The owner shall plant an
appropriate * native tree(s)/shrub(s) to replace the tree removed. The Commission
unanimously approved the motion .
4. James P . Cloran , 74 Pine View Drive , 10/40 (38/58 ) tree removal
The Conservation Administrator believed the above referenced project meets parameters
for an activity under the Commission ' s Administrative Review process , and approved it
under Administrative Review. Following discussion , Wells moved , Smith seconded the
motion to ratify the Conservation Administrator' s decision . The Commission
unanimously approved the motion .
Review and Approval of Minutes
1 . April 18 , 2017
Having reviewed the above referenced minutes , Wells moved , Evans seconded the
motion to approve them as written . The Commission unanimously approved the
motion .
Any Topics not reasonably anticipated by the Conservation Commission Chairman
Document signatures
At 7 : 20 PM , Smith moved , Wells seconded the motion to adjourn the meeting . The Commission
unanimously approved the motion .
The meeting adjourned at 7 : 20 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.
1 . Conservation Commission Approved Planting List: Cape Cod Cooperative
Extension Service (www, capecodextension. org), list of native woody plants for
coastal/inland 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 httpJ/town . brewster. ma. us
Brewster Conservation Commission Minutes May 9 , 2017 7