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Home My Public Portal AboutConservation Commission -- 2018-04-17 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) BREItiLTEl � 2� And 111M CLEpt Code of the Town of Brewster Chapter 172 , , . Brewster Wetlands Protection Bylaw ( BWP Bylaw) IH )' El � ,� , .� 6 �lf Wetland Regulations 1 . 01 — 9 . 15 Call to Order Under the Massachusetts Open Meeting Law, Vice Chairman Hayley Winfield convened the Tuesday, April 17 , 2018 meeting of the Brewster Conservation Commission at 6 ; 00 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 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 . " Under MA General Laws Chapter 40, Section 8C Brewster Conservation Trust (1 ) Vote by Brewster Conservation Commission to accept and hold a Conservation Restriction ( CR) — property on 222 Slough Road , 11 /19 (38/16 ) and 0 Slough Road , 11 /35 (38/26 -1 ) . (2) Signatures of Municipal Certification , Town of Brewster Conservation Commission Having previously reviewed the above Conservation Restriction , following discussion , William Klein moved , Nicole Smith seconded the motion to approve the document and sign the Municipal Certification , The Commission unanimously approved the motion . Public Hearings Notices of Intent (Continued Hearing ) Jeffrey Thibodeau , Land Acquisition and Stewardship Specialist, Brewster Conservation Trust, proposes a variance from the Brewster Wetlands Protection Bylaw to remove invasive species , and to conduct limited pruning to restore the historic view of Smith Pond from Stony Brook Road . Property is on 0 Stony Brook Road , Assessor$ ' Map 36 , Parcel 47 (23/55) . Eligible voters : Tobin , Evans , Klein , Winfield . Hearing opened March 6 , 2018 , no testimony taken , continued to March 20 , testimony taken , April 3 , no testimony. The project proponent submitted a written request to continue the above referenced hearing . Bruce Evans moved , Nicole Smith seconded the motion to continue the hearing to May 1 , 2018 . The Commission approved the motion unanimously. (Continued Hearing ) Under the Brewster Wetlands Protection By-law only , James D . and Autumn L . Westhoven propose to construct a gravel driveway and install underground Brewster Conservation Commission Minutes April 17 , 2018 1 utilities , within 100 feet of an inland wetland . Property is on 0 Old Red Top Road , Assessors ' Map 12, Parcel 81 (37/56401 ) . Eligible voters : Hearing opened April 3 , 2018 Tobin , Evans , Klein , Winfield Notices of Intent The project proponent requested to continue the above referenced hearing to May 1 , 2018s Nicole Smith moved , Bruce Evans seconded the motion to continue the hearing to May 1 , 2018 . The Commission approved the motion unanimously . Citizens ' Forum The public had no comment at this time . Discussions : Waiver Requests Commissioner Nicole Smith requested whether applying fill (on dunes) after the deadline of April 15 might adversely affect bird populations (under the ACT) . Ms. Bramer responded her recollection was that the MA Div. Marine Fisheries sets a deadline of May 1 annually , for sand nourishment activities , due to shellfish interests (breeding horseshoe crabs) . 1 . Brewster Park Properties - Request for waiver of the April 15th deadline requirement for sand nourishment. Order of Conditions SE 9-1609 , 1610 , 1611 , 1672 , 1675, 1677 , 39 Carver Road , 50/41 (3/19) , etc , ** Klein/Evans . AU 2 . Pfannenstiehl , Request for Conservation Commission waiver of Special Condition A27, regarding April 15th deadline for sand nourishment and for volume of annual beach nourishment. Order of Conditions SE 9-1672 , 91 Carver Road , 50/92 (3/15403) Ms. Bramer stated that this exception will be granted contingent upon addressing the fill requirement in the fall season of 2018 . **Smith/Evans . AU 3 . Scherzo - Request for Conservation Commission waiver of the April 15th deadline requirement for sand nourishment. Order of Conditions SE 9 -1620 , 0 , 12 & 22 Ring Rock Road , 91 /2 , 3 & 4 (7/1 , 3 & 5) ** Smith/Evans . AU 4. Ocean Edge Resort LTD Partnership, Amended Order of Conditions #2 SE 9 -1701 , 2907 Main Street, 90/160 ( 14/149 ) — Request for waiver of April 15 deadline for planting beach grass . ** Klein/Smith . AU ** At the recommendation of Conservation Administrator Bramer, (Commissioner) Moved , (Commissioner) Seconded . Denied = D. Approved = A. Approved Unanimously = AU . Report of the Natural Resources Director The Natural Resources Director reported on the various ongoing projects on town lands/landings resulting from the coastal storms during the month of March , 2018 , as discussed at previous Conservation Commission meetings . Additionally , staff are sampling water in this spring season . Report of the Conservation Administrator The Conservation Administrator reported on the following . 1 . Kargman , 290 Foster Road , Assessors' Map 79 , Parcel 26 (6/9) - Topping trees on the entirety of a coastal bank. Topping of trees is not allowed under 310 CMR 10 . 04 Definitions , Vista Pruning , MA Wetlands Protection Regulations . The canopy shall be maintained within 90% of the original tree structure , per 310 CMR 10 . 04 Definitions , Vista Pruning , MA Wetlands Protection Regulations . Therefore she will issue an Enforcement Order to the property owners . Commissioner Klein asked if Ms . Bramer is aware of the name of the hired entity which did the tree topping . Ms . Bramer stated she will request the property owner inform her of this . Brewster Conservation Commission Minutes April 17 , 2018 2 Vice Chairman Hayley Winfield requested whether the Brewster Conservation Commission might Impose fines to the owners , as has occurred historically. Discussion occurred , with Ms . Bramer expressing her belief that fines ( notices of violation under the Town of Brewster) are not high enough to deter individuals from repeating violations . Natural Resource Director Miller explained that in the past, the Conservation Commission has assessed one $ 300 . 00 fine for each cut or tree and each day the violation remains ( beginning on the date the violation was discovered ) , until a plan/Notice of Intent is filed for work to begin within a specific time . The Conservation Commission concluded , as follows . 1 . The property owners shall attend a Conservation Commission Show Cause hearing on May 1 , 2017 . 2 . The Enforcement Order shall require the property owners file an " after-the-fact" Notice of Intent to mitigate for the cutting by a date certain , at double the assessed fee , as required in the Conservation Commission fee structure . The Notice of Intent shall include a detailed , professional planting plan . 3 . A professional consultant shall oversee the mitigation process in the field , at the property owners ' expense . Review of Plan Change 1 . Lucenti , Order of Conditions SE 94711 , reconstruction of an existing patio and stairs , etc . - request as to whether removing a leaning oak tree shall constitute a minor change to plan - on 183 South Pond Drive 88/5 (27/94/) . The Conservation Commission agreed the above plan change shall be considered minor, and thus approved . **Smith/Klein . AU 2 . Lavelle, Order of Conditions SE 94692 ; additions to an existing dwelling , etc. — request as to whether constructing a gravel driveway shall constitute a minor change to plan - 336 Lower Road ; 49/1 (19/27) At the direction of the Conservation Administrator, the Conservation Commission agreed the above plan change shall be considered minor, and thus approved . **Evens/Klein . AU . Natural Resources Director Miller requested Ms . Bramer inform the owners this additional driveway on Brier Lane shall require a curb cut permit from the Town of Brewster police and fire departments . Peter Hopple , Cape Coastal Builders , representative for the project, stated that a gravel drive is necessary . Also , he stated the property owners wish to remove additional trees outside the approved work limit. Ms . Bramer shall set an appointment with the builder to discuss the requested tree removal , and the legal process required for removing the trees . Ratification of Emergency Certification Projects Ms , Bramer stated for the record that the Brewster Building Department is the agency of the Commonwealth ordering all of the below referenced projects . 1 . 76 Governor Prence Road , Sand Nourishment and Beach Stair Repair **Smith/Klein . AU 2 . 39 Carver Road , Sand Nourishment "Smith/Klein . AU 3 . 71 Carver Road , Sand Nourishment **Klein/Smith AU ** At the recommendation of Conservation Administrator Bramer, (Commissioner) Moved , (Commissioner) Seconded , Denied = D. Approved = A. Approved Unanimously = AU . Brewster Conservation Commission Minutes April 17 , 2018 3 Request for Extension to Order of Conditions 1 . Kargman , SE 94631 , 290 Foster Road , Assessors' Map 79, Parcel 26 (6/9) ** Evans/Klein . AU Request for Certificate of Compliance 1 . J . M . O' Reilly . . . Order of Conditions SE 9 -1658 , 26 Nancy May Path , 91 /14 (7/11 -1 ) **Smith/Wells . AU Request for Administrative Review 1 . Paul F . Turney, 385 Crowell 's Bog Road , 62/40 (41 /5-1 ) , tree removal (two pines) **Smith/Klein . AU Review and Approval of Minutes 1 . March 20 , 2018 ** Klein /Evans . AU 2 . April 3 , 2018 ** Klein/Smith . AU ** Having reviewed the above referenced minutes , (Commissioner) Moved , (Commissioner) Seconded approving them as written . Denied = D . Approved = A, Approved Unanimously = AU . Any Topics not reasonably anticipated by the Conservation Commission Chairman Document signatures At 6 : 30 PM , Smith/Klein moved to adjourn the meeting . **AU . Adjourned at 6 : 30 PM . Carol Spade ** At the recommendation of Conservation Administrator Bramer, (Commissioner) Moved , (Commissioner) Seconded . Denied = D Approved = A Approved Unanimously = AU . *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 are the following: 1. Conservation Commission Approved Planting List; Cape Cod Cooperative Extension Service (www. capecodextension. org), list of native woody plants for coastalftend wetland buffer zones depicting the species, size and natural spacing of plants 2. Massachusetts Department of Agricultural Resources . . .invasive Plants in Massachusetts 1/1/05 3. Administrative Report of the Conservation Administrator 4. Meeting video recording, Town of Brewster Webslte http://town. brewster. me, us Brewster Conservation Commission Minutes April 17 , 2018 4