HomeMy Public PortalAboutConservation Commission -- 2018-09-18 Minutes 11, 1
Brewster Conservation Commission Minutes — Meeting Under r
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 ,. ;. ;i ;
Massachusetts Department of Environmental Protection ( MA DEP ) ; . I
( 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 ,
September 18 , 2018 meeting of the Brewster Conservation Commission at 6 : 00 PM at the
Brewster Town Offices , 2198 Main Street , Brewster, MA ,
Present
Vice Chairman Nicole Smith , Commissioners Bruce Evans , William Klein , Peter Wells , Natural
Resources Director/Acting Conservation Administrator Chris Miller, Senior Department Assistant
Carol Spade
Not Present
Chairman Michael Tobin Conservation Administrator Noelle Bramer,
Vice Chairman Smith 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 video* recorded .
Anyone else intending to record is required to inform the Chairman prior to the
meeting . "
Citizens ' Forum
No citizens were present who wished to speak .
Note : There was no quorum present for the following discussion , as Commissioner
Bruce Evans was recused due to his relationship with the Ocean Edge
Associations . The Conservation Commission allowed the discussion for
discussion purposes only .
Discussion
Future Notice of Intent for Coir Rolls on a Dune , Spanning the Ocean Edge
Associations I and II and Bay Pines Condominium Association Properties , 90/ 154 ,
etc . ( 14/ 1 , etc . )
Summary of Project Proponent Testimony
Thomas Monaghan , Ocean Edge Associations , I and II and Bay Pines Condominium
Association Properties , Stan Humphries , LEC , Environmental Consultants , Inc . , and Paul
Shea , Independent Environmental Consultants , Inc . , attended at their request .
Mr. Monaghan stated that the purpose of the discussion is to " engage in the process of
review" for a proposed project , and to " clear up any misinformation " the Commission may
have over it. A Notice of Intent public hearing with the Conservation Commission is
scheduled for the project , on October 2 , 2018 .
Mr. Humphries reviewed the above referenced future proposal , for coir rolls on a coastal
dune . During the course of discussion and in answer to Commission questions , Mr.
Brewster Conservation Commission Minutes September 18 , 2018 1
Humphries described the coir rolls as " denser" (than other coir rolls ) , and that they have
been shown not to degrade for as long as 20 years .
In answer to Vice Chairman Smith as to whether coir rolls were previously approved in
the Commonwealth of MA on coastal dune resource areas , Mr. Humphries responded
MA DEP recently approved coir rolls on dunes on Plum Island ( a barrier island located in
Essex County) .
Mr. Shea stated that on behalf of Ocean Edge Condominium Properties , he will submit a
Notice of Intent to vegetate the coastal dune , He described this project in some detail .
Summary of Staff/Conservation Commission Comments
Mr . Miller and the Commission stated that the Conservation Commission has only
allowed coir roll erosion control engineering in the past to protect coastal banks ; not
coastal dunes , other than small dune areas connected to coastal banks .
Mr . Miller and the Commission informed the proponents that the Commission will be
expecting that the Notice of Intent contain thorough alternatives ( through a written
variance analysis ) to the project . They will also expect a comprehensive narrative
explaining Ocean Edge Association/ Baypines Condominium Association ' s history of
applying sand and sand fencing to protect the dune . Also , the Conservation Commission
has in the past retained coastal experts to thoroughly review and submit in -depth reports
on such Notices of Intent .
Summary of Public Comment
There was no public comment ,
* Documents discussed
1 . Ocean Edge Associations I & II and Baypines Condominium Association
Proposed Site Plan Showing Long Term Dune Protection J . M . O ' Reilly &
Associates , Inc .
Amended Order of Conditions Preliminary Discussion under MA DEP DWW Policy 854
Order of Conditions SE 9 - 1773 , 29 Cranview Road , 10/157 ( 38/71 - 1 ) - to determine whether
revising the approved site plan to include landscape details relative to pervious hardscape
designs , drainage and planting — has not substantially changed and/or increased . . . such
that project can be reviewed as an amendment
Following discussion , the Commission consensually agreed to entertain a request for an
amendment to the above referenced Order of Conditions ; the applicant has filed a request to
amend the Order of Conditions with the Conservation Commission ,
Report of the Natural Resources Director/Acting Conservation Administrator
In answer to a question from Commissioner Bruce Evans , Mr. Miller responded that he is
incorrect ; both he and others have observed seals and sharks in the waters off the Brewster
coastline in the recent past.
Request for Certificate of Compliance
1 . Pavlov , SE 9 -1474 , 83 Sheep Pond Circle , 73114 (41 /85 )
2 . Richardson , SE 9 - 1426 , 3137 Main Street , 102/15 ( 8/16 )
Postponed to October 2 and October 18 , respectively .
Request for Administrative Review
1 . Grimes , 130 Hillbourne Terrace , 115/27 ( 9/ 18 -9 )
Acting Conservation Administrator Miller believed the above referenced project meets
parameters for activities under the Commission ' s Administrative Review process , and
approved the project under Administrative Review , Klein/Wells ; ratify . AU **
Brewster Conservation Commission Minutes September 18 , 2018 2
Adjourned at 6 : 50 PM .
Carol Spade
**(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 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 September 18 , 2018 3