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Home My Public Portal AboutConservation Commission -- 2017-08-01 Minutes F:Et3i ' i Efr. w iL . . ' CLERK. 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 Call to Order Under the Massachusetts Open Meeting Law , Chairman Michael Tobin convened the Tuesday , August 1 , 2017 meeting of the Brewster Conservation Commission at 6 : 00 PM at the Brewster Town Offices , 2198 Main Street , Brewster, MA , Present Chairman Michael Tobin , Commissioners William Klein , Nicole Smith , Peter Wells , Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller , Department Assistant Carol Spade Not Present Vice Chairman Hayley Winfield 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 The Town of Brewster Conservation Commission proposes to revise it fee schedule for wetland permitting under the Code of the Town of Brewster Wetlands Protection Chapter 172 Brewster Wetlands Protection By-law : Existina Lanauaae • Fee for processing and mailing wetland permits ( Notice of Intent, Request for Determination of Applicability, and Abbreviated Notice of Resource Area Delineation ) Processing and Mailing fee : $20 . 00. This includes the original by certified mail , and one copy plus information letter and site inspection form , to the owner of record .* Many properties have multiple owners . The Conservation Commission assesses a charge of $ . 20 per page plus cost of mailing for extra copies or for copies to second owners , etc . , in addition to the $20 . 00 mailing fee. * Massachusetts 310 CMR Department of Environmental Protection 10. 05 (3). (e) "The Order shall be mailed by certified mail (return receipt requested) or hand delivered to the applicant or his agent or attorney. . . ", *WPA Form 5 Order of Conditions Massachusetts Wetlands Protection ACT M. G. L. c. 131,§40 "A copy also must be mailed or hand delivered at the same time to the . . . .property owner, if different from applicant". . . . to include the following change: Proposed Lanauaae • Fee for processing and mailing wetland permits ( Notice of Intent, Amended Order of Conditions, Request for Determination of Applicability, and Abbreviated Notice of Resource Area Delineation ) Processing and Mailing fee : $20. 00 . This includes the original by certified mail , and one copy plus information letter and site inspection form , to the owner of record .* Many properties have multiple owners. The Conservation Commission assesses a charge of $ . 05 per page plus cost of mailing for extra copies or for copies to second owners , etc . , in addition to the $20 . 00 mailing fee . Brewster Conservation Commission Minutes August 1 , 2017 1 * Massachusetts 310 CMR Department of Environmental Protection 10. 05 (3). (e) "The Order shall be mailed by certified mail (return receipt requested) or hand delivered to the applicant or his agent or attorney. . . ", *WPA Form 5 Order of Conditions Massachusetts Wetlands Protection ACT M. G. L. c. 131, §40 "A copy also must be mailed or hand delivered at the same time to the . . . .property owner, if different from applicant". Summary of Staff/Conservation Commission Comment Staff reviewed the above proposed change , which was primarily to include a $20 . 00 processing fee to a request to amend an Order of Conditions , as was discussed at the Conservation Commission meeting of July 11 , 2017 . Summary of Public Comments The public had no comment. Following discussion , Peter Wells moved , William Klein seconded the motion to approve the amended fee schedule as proposed , The Commission unanimously approved the motion . Request for Determinations of Applicability ( Continued Hearing )Town of Brewster requests determinations as to whether the area - coastal resource area (salt marsh ) — and the work — installation of a temporary boardwalk for research initiatives into the health and function of the area - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 0 Main Street , Assessors ' Map 6 , Parcel 14 (formerly 1 /1 ) . Eligible voters : All The Conservation Commission voted to continue the above hearing (William Klein moved , Peter Wells seconded the motion ) to August 1 , 2017 , to await response from the MA Natural Heritage Commission . The Commission unanimously approved the motion . Notices of Intent ( 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 3/20 ) . Eligible voters : Klein , Smith , Tobin Hearing opened March 21 , 2017 (testimony taken) continued to May 23 ( no testimony) June 6 ( no testimony) , June 20 , (no testimony) , July 11 (testimony taken) , July 25 , ( no testimony) The project proponent submitted a written request to continue the above referenced hearing to August 15 , 2017 . Following discussion on the reason for the requested continuances , Nicole Smith moved , William Klein seconded the motion to continue the hearing to August 15 , 2017 , The Commission approved the motion unanimously . John J . Holtman and Barbara White-Holtman propose (variance from the Brewster Wetlands Protection Bylaw) to construct a kayak rack, prune vegetation and remove invasive vegetation species , within 50 feet of inland wetlands . Property is on 5 Carson 's Way , Assessors ' Map 23 , Parcel 60 (formerly 36/37 - 101 ) . Notices of Intent 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 Wayne Tavares , LA, PWS , Wet Tech Land Design , Inc . , represented the applicants . He described the resource areas and the project as contained in the Notice of Intent , narrative , variance request and plan * . . $ Brewster Conservation Commission Minutes August 1 , 2017 2 Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan *. With regard to tree removal the Commission determined the applicant shall revise the site plan to show the following : ■ One appropriate* native tree , for each locust proposed for removal , planted in an appropriate location . ■ The six inch diameter ( DBH ) native oak to remain ; it may be pruned . Summary of Public Comments The public had no comment . Nicole Smith moved , William Klein seconded the motion to continue the hearing to August 15 , 2017 , to allow the plan revisions as discussed , and for the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project, as discussed . The Conservation Commission shall also 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 plant and wildlife under the MA Endangered Species Act ( MESA) , and Estimated Habitat Map of Rare Wildlife under the WPA. Special Conditions shall incorporate this response . The Commission unanimously approved the motion . * List of documents submitted for the Notice of Intent and discussed at this hearing . 1 . Wet Tech Land Design , Inc. , An Invasive Species Removal & Replacement. . . 6/20/17 5 Carson's Way 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 3 . Cape Cod Cooperative Extension Service (www. caoecodextension . orq) , list of acceptable plantings for fresh water buffer zones depicting the species , size and natural spacing of plants appropriate for this environment. Citizens ' Forum The public had no comment at this time . Discussions/Vote 1 . Revision of Brewster Wetlands Protection By- law and Regulations for compliance with MA General Laws Chapter 40, Section 8C, General Law 131, §40, Wetlands Protection Act Riverfront Vernal Pool § 172 -2 . Applicability . [Amended 10- 19- 1987 STM , Art. 29] A . Except as permitted by the Conservation Commission or as provided in this chapter, no person shall remove , fill , dredge , alter or build upon or within any of the following resource areas : ( 1 ) On or within 100 feet of any bank , beach , dune or flat. (2 ) On or within 100 feet of any freshwater wetland , vernal pool , coastal wetland , marsh , meadow, bog or swamp . ( 3 ) Upon or within 100 feet of any lake , pond , river, stream , estuary or the ocean . (4 ) Upon any land under said waters . ( 5 ) Upon or within 100 feet of any land subject to flooding or inundation by groundwater or surface water. (6 ) Upon any land subject to flooding or inundation by tidal action or coastal storm Flowage (7 ) Upon any land within a riverfront area . B . Any activity proposed or undertaken outside any area specified above shall be subject Brewster Conservation Commission Minutes August 1 , 2017 3 to regulation under this chapter if, in the judgment of the Conservation Commission or its agent , said activity may result or has resulted in the removing , filling , altering or building upon any area specified above . The Commission previously reviewed and discussed the above proposed revisions* . Nicole Smith moved , William Klein seconded the motion to submit the revisions , as written to the Board of Selectmen as an article for the Special Town Meeting of November 13 , 2017 . *Documents referenced : ■ Conservation Commission Minutes , July 25 , 2017 ■ Conservation Commission Minutes , July 11 , 2017 . Report of the Natural Resources Director The Natural Resources Director reported : The following project is complete , save for coastal planting mitigation , which town officials will install in the cooler, fall months when survival is most viable . Order of Conditions SE 9 - 1662 - Town of Brewster - managed retreat and restoration of Ellis Town Landing . Work includes removing an existing stone revetment extension on town property , removing an existing drainage culvert and galleys , removing the northern limit of the existing paved parking lot, planting native coastal plantings , and reconstructing a paved parking area directly south — on 0 Ellis Landing Road , Assessors ' Map 91 , Parcel 42 (formerly 7/16 -1 ) and 51 Captain Dunbar Road , Assessors ' Map 91 , Parcel 41 (formerly 7/16 . The following project will be underway in the near future . Order of Conditions SE 9A724 - Town of Brewster mechanical removal ( harvest) of macrophyte aquatic vegetation from Walker' s Pond to reduce phosphorous in Walker' s Pond , Upper and Lower Mill Pond and Stony Brook off Slough Road , Approximate Assessors ' Map 10 on , Parcel NA (formerly 38 ) . Report of the Conservation Administrator The Conservation Administrator had no report at this time . Requests for Extensions to Orders of Condition 1 . Robert A. & Suzanne E . Boas ; Order of Conditions SE 9 -16371 299 Landing Drive , Assessor's Map 82 , Parcel 64 (formerly Map 48 , Parcel 17 ) The Conservation Administrator stated that the applicant for the above captioned project has yet to submit required monitoring reports , etc. ; however, she recommended the Conservation Commission approve extensions , and she will write to the applicants , detailing those requirements . Wells moved , Smith 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 . Review and Approval of Minutes 1 . July 25 , 2017 Having reviewed the above referenced minutes , Klein moved , Smith seconded the motion to approve them as written . The Commission unanimously approved the motion . Document signatures At 6 : 25 PM , Wells moved , Smith seconded the motion to adjourn the meeting . The Commission unanimously approved the motion . The meeting adjourned at 6 : 25 PM . Carol Spade Brewster Conservation Commission Minutes August 1 , 2017 4 *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 http://town. brewster. ma. us Brewster Conservation Commission Minutes August 1 , 2017 5