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Home My Public Portal About2020 06 23 Public Meeting PacketSteven C. Hayes, Architect PC 15 Bay State Court • P.O. Box 621 • Brewster, Massachusetts 02631 • (508) 240-1411 shayes.capecod@comcast.net • www.stevenchayesarchitect.com • Fax: (508) 240-2396 May 5, 2020 Noelle Aguiar, Conservation Administrator Town of Brewster, 1657 Main Street, Brewster, MA 02631 Re: 50 Robbins Rd, Brewster, MA 02631 Assessors Map 50, Lot 2, Hello Noelle, I am responding to your October 16, 2019 letter regarding vegetation removal. We discussed this matter this past March and determined that the alteration does not involve the destruction or removal of any plants or trees or any alteration of the ground. We want to continue to prune the existing vegetation as we have in the past to maintain a vista and remove existing invasive species. You sent me an application prepared by John M. O’Reilly Associates Inc regarding another property as an example of the response required to deal with this matter. Our intent is to demonstrate the current scope and impact of the pruning activity and to obtain a permit or variance to continue to maintain our vista. I have provided the material as indicated by the sample application you provided for your review. I believe the material is sufficient to address this matter. If you agree I will submit the required 13 copies for review with the appropriate fees. Please contact me if I may be of further assistance regarding this matter. Sincerely, Steven C. Hayes, Architect, MA reg, #4318 LI Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number A. Violation Information This Enforcement Order is issued by: Town of Brewster 6/16/2020 To: Conservation Commission (Issuing Authority) Date Arthur & Diane Romme, A & D Nominee Trust Name of Violator 100 Proprietors Cartway, Brewster, MA 02631 Address Location of Violation: Property Owner (if different) 582 Gulls Way Street Address Brewster City/Town 02631 Zip Code 74 98 (formerly 34/36) Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Construction of a dock within wetlands without a valid permit in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: Z the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a doe • rev 7/14/04 Page 1 of 4 LI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: B. Findings (cont.) q the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) q The Order of Conditions expired on (date): Date q The activity violates provisions of the Certificate of Compliance. q The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. q Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): [E] The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. q Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. q A restoration plan shall be filed with the issuing authority on or before for the following: Date The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a doc • rev 7/14/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: C. Order (cont.) q Complete the attached Notice of Intent (N01). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. 1E] The property owner shall take the following action (e.g erosion/sedimentation controls) to prevent further violations of the Act: Removal of dock structure. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Noelle Aguiar, Conservation Administrator Name 508 896 4546 Phone Number Monday - Friday Hours/Days Available Issued by: Town of Brewster Conservation Commission Conservation Commission signatures required on following page. wpaform9a doc • rev 7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: Signature of delivery person or certified mail number wpaform9a doc • rev 7/14/04 Page 4 of 4 I I TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV ATTACHMENT TO ENFORCEMENT ORDER June 16, 2020 Arthur & Diane Romme A & D Nominee Trust 100 Proprietors Cartway Brewster, MA 02631 OFFICE OF CONSERVATION COMMISSION RE: Construction of a dock within wetlands without a valid permit in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. The property involved in the violation is 582 Gulls Way, Brewster Assessors Map 74, Lot 98 (formerly Map 34, Lot 36). Enclosed is an Enforcement Order for activities in violation of the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Non-compliance with the requirements stated herein is punishable by fines of not more than $25,000 or by imprisonment for not more than two years or both, as provided under M.G.L. c. 131, §40; and fines of not more than $300 per offense as provided under Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the By-law, regulations, or permit violated shall constitute a separate offense. Dear Mr. and Mrs. Romme: The enclosed Enforcement Order is being issued to you from the Brewster Conservation Commission in response to a violation of the above-referenced laws and regulations that has occurred at the above-referenced address. This Attachment to the Enforcement Order is divided into two sections: Facts and Law, and Required Mitigation and Other Measures. It would be in your best interest to carefully read the Enforcement Order and this Attachment, and to comply fully with all the requirements stated herein. Failure to comply with all requirements stated herein will result in more serious enforcement action. The Commission stands ready to work cooperatively with you in order to avoid further enforcement action. Facts and Law 1. On May 13, 2019, the Conservation Administrator was notified that a dock structure was being stored on a parcel noted to be Town of Brewster Conservation Land (M 75 L 46, formerly M 34 L 13). The Conservation Administrator conducted a site visit at the property and noted a wooden dock structure. The Conservation Administrator was informed by the Natural Resources Director that the dock was potentially owned WWW.BREWSTER-MA.GOV TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAx: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION by the abutting property owners at 582 Gulls Way. In reviewing aerial imagery from 10.5.2018, a dock extending from 582 Gulls Way was clearly visible. 2. In reviewing the Conservation files it was further determined that there was no permit for the construction of a dock at 582 Gulls Way and thus the structure was in violation of the above-noted wetland regulations. In addition, Long Pond is classified as a Great Pond and a license for the dock is necessary from the Massachusetts Department of Environmental Protection (MassDEP) under Chapter 91 regulations. 3. On December 2, 2019, the Conservation Administrator completed and mailed a letter detailing these findings and the requirement for a Notice of Intent permit application to your mailing address. This letter is attached for reference. 4. On December 5, 2019, the Department of Natural Resources (DNR) sent a letter by Certified Mail/Return Receipt detailing a list of documented violations on the Town Conservation Land to each of the following recipients: a. Arthur & Diane Romme, 100 Proprietors Cartway, Brewster, MA 02631 b. Richard & Kaufman Youngstrom, 20 John A Andrew Street, Jamaica Plain, MA 02130 c. James & Marie Sutherland, 192 Lund Farm Way, Brewster, MA 02631 5. The documented violations within this DNR letter included the storage of boats, docks, and a swim raft. 6. On March 2, 2020, the DNR letter was reissued by Certified Mail/Return Receipt to Arthur & Diane Romme, 100 Proprietors Cartway, Brewster, MA 02631. 7. On June 9, 2020 the Conservation Administrator was informed that the dock structure previously on the Town Conservation Land had been installed at 582 Gulls Way. The same day the Conservation Administrator conducted a site visit at the Town Conservation Land and a dock structure was visible originating from your property. Photos taken during this assessment are included at the end of this correspondence. Any violation of an Order of Conditions issued by the Conservation Commission or any alteration within 100 feet of a wetland without a valid permit from the Conservation Commission is a violation of the Massachusetts Wetlands Protection Act, M.G.L. c. 131, §40 and Regulations 310 CMR 10.00 et seq., and Brewster's Wetlands Protection By-law, Town Code c. 172 and Wetlands Regulations. Required Mitigation and Other Measures 1. The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource WWW.BREWSTER-MA.GOV TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION areas. The dock structure must be removed within 30 days of the issuance of this Enforcement Order. 2. The property owner and/or their representative shall appear before the Brewster Conservation Commission for July 21, 2020 at the regularly-scheduled meeting starting at 6:00 pm via Zoom. Please call (508) 896 4546, as soon as possible to confirm. Additional details for this meeting will be sent in advance. 3. The Conservation Commission requires that a Notice of Intent be filed to cover the construction of the dock and that the structure meet the required specifications as defined under Brewster's Wetlands Protection By-law. The Commission requires this Notice of Intent application be filed within 60 days of the issuance of this Enforcement Order. Should the dock be removed, no permit application shall be required until such a time as it is desired to be installed. 4. The Conservation Commission shall have the right to require specific mitigation to ensure adequate protection of the interests of the above-referenced laws and regulations. 5. The Conservation Commission reserves the right to amend this Enforcement Order in the future, or to issue separate Enforcement Orders. The Commission also reserves the right to issue fines for the unauthorized work that has occurred, failure to remove the structure by the required deadline, or failure to submit the required permit application by the required deadline should the dock be desired to be re-installed. If you have any questions, feel free to contact me at the telephone number listed above. Respectfully, oak. 0_94-LLg' Noelle Aguiar Conservation Administrator CC: MassDEP SERO Brewster Town Clerk Brewster Town Administrator WWW.BREWSTER-MA.GOV Site Visit. Sheep Pond Woodlands. 5.13.2019 TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAx: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV December 2, 2019 Arthur & Diane Romme, trustees A & D Nominee Trust 100 Proprietors Cartway Brewster, MA 02631 RE: Unpermitted Dock Structure 582 Gulls Way, Brewster Assessors Map 74, Lot 98 (formerly map 34, lot 36) Dear Representative: OFFICE OF CONSERVATION COMMISSION It has come to the attention of the Brewster Conservation Commission that there appears to be a dock structure extending from your property into Sheep Pond. In reviewing an aerial survey dated 10.5.2018, this dock structure was visible as well. The Massachusetts Wetlands Protection Act M.G.L. c. 131, § 40 as well as Brewster Wetlands Protection Bylaw, Chapter 172 under the Code of the Town of Brewster requires the filing of an Application for a Permit for any person to remove, fill , dredge, alter or build upon or within 100 feet of any lake, pond, river, stream, estuary or the ocean. Without a permit, this structure is in violation of the state wetlands act and the town wetlands protection bylaw. In order to bring this structure into compliance, a Notice of Intent must be filed. The instructions for this filing can be found on the Town of Brewster website, under the Conservation Department page, and following the link to Application Packets & Forms, Regulations, & Bylaws. In addition, Sheep Pond is classified as a Great Pond and a license for the dock is necessary from the Massachusetts Department of Environmental Protection (MassDEP) under Chapter 91 regulations. If you have any questions, or if you need any additional information, please feel free to contact me at the telephone number listed above. Sincerely, /Jo-cSki,. Noelle Aguiar Conservation Administrator WWW.BREWSTER-MA.GOV TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Aerial 'ma. e Showin• Un•ermitted Dock at 582 Gulls Wa lma•e date 10.5.2018 • -' th.: r,,,r,; , .,-,V, .... ,•,..-7'?"...,..111.e.-, ,•11. . _ _......--...---, • •• A... ... ..:. • go' of 7 O. . a ,,4..40,,,Ab-.0 . • % ,„„4/ .,4' ei 7 ' ' - Al". •• %.l ir . - 4 . 1 ,....• • .. . ji ti e .JII oolpv. " WI • '../1 WWW.BREWSTER-MA.GOV December 5. 2019 Arthur & Diane Romme 100 Proprietors Cartway Brewster, MA 02631 TOWN OF BREWSTER DEPARTMENT OF NATURAL RESOURCES 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 Richard & Kaufman Youngstrom 20 John A Andrew Street Jamaica Plain, MA 02130 Re: Sheep Pond Woodlands Conservation Area Dear abutting land owners, James & Marie Sutherland 192 Lund Farm Way Brewster, MA 02631 It has come to the attention of the Brewster Natural Resource and Conservation Departments that property under the care and custody of the Conservation Commission is being used for activities not consistent with Town Conservation land. From numerous site visits we have observed several encroachment issues on Town Conservation land in the vicinity of your lots (582, 580, 578 Gulls Way). We would like to arrange a meeting at the site to review these issues with you, determine responsibility and discuss corrective actions. Below is a list of documented violations to Town Conservation land: • Conservation property used for vehicle parking • Conservation property used for trailer parking • Conservation property used for camper parking • Conservation property used to store boats, docks and swim raft • The use of railroad ties to define parking spaces • Posting a public way with a private drive sign Please contact me to arrange a meeting so that we can resolve these issues. Sincerely, Chris Miller Director of Natural Resources WWW.BREWSTER-MA.GOV TOWN OF BREWSTER DEPARTMENT OF NATURAL RESOURCES 1657 MAIN STREEr BREWSTER, MA 02631 Pi IONE: (508) 896-4546 December 5, 2019 Reissued March 2, 2020 Arthur & Diane Romme 100 Proprietors Cartway Brewster, MA 02631 Re: Sheep Pond Woodlands Conservation Area Dear Mr. and Mrs. Romme, It has come to the attention of the Brewster Natural Resource and Conservation Departments that property under the care and custody of the Conservation Commission is being used for activities not consistent with Town Conservation land. From numerous site visits we have observed several encroachment issues on Town Conservation land in the vicinity of your lots off Gulls Way on Sheep Pond. We would like to arrange a meeting at the site to review these issues with you, determine responsibility and discuss corrective actions. Below is a list of documented violations to Town Conservation land: • Conservation property used for vehicle parking • Conservation property used for trailer parking • Conservation property used for camper parking • Conservation property used to store boats, docks and swim raft • The use of railroad ties to define parking spaces • Posting a public way with a private drive sign Please contact me to arrange a meeting so that we can resolve these issues. Sincerely, V A2 Chris Miller Director of Natural Resources WWW.BREWSTER-MA.GOV Site Visit. Unpermitted Dock as viewed from Town Conservation Land. 6.9.2020