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HomeMy Public PortalAboutJuly12020packetMEETING NOTICE TOWN OF BREWSTER BOARD OF HEALTH Location: 2198 Main Street, Brewster, MA 02631 Date: July 1, 2020 Time: 7:0013M Pursuant to Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law and his March 15, 2020 Order imposing strict limits on the number of people that may gather in one place, this meeting will be conducted via remote participation to the greatest extend possible. Specific information and the general guideline for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town's website at www,brewster-ma.gov. For this meeting, members of the public who wish to listen to the audio broadcast may do so via the Town of Brewster livestream at http://video.brewster-ma.gov/cablecastPublicSite/?channel=l or on Channel 18. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure the public can adequately access the proceeding in real time via technological means. The Town has established specific email addresses for each board and committee that will be meeting remotely so that residents can send their comments in writing either before or during the meeting. For this meeting, please send questions/comments to healthboardmeeting@brewster-ma.gov In the event we are unable to live broadcast these meetings, despite best efforts, we will post on the Town website an audio recording, transcript or other comprehensive record of proceedings as soon as possible after the meeting at http://tv.brewster- find110 AGENDA ACTION ITEMS The Board of Health is responsible for the protection and promotion of the public's health, control of disease, protection of the environment, and promotion of sanitary living conditions. 1. Chairman's comments 2. Citizen's forum 3. Joe Henderson, Horsley Witten Group - yearly wastewater treatment plant report on King's Landing 4. J.M. O'Reilly & Associates - Title 5 and Local variance requests - 115 The Tides Court 5. Chillingsworth trash receptacle complaint 6. Review &approve minutes from 3/18/2020 & 4/1/2020 meetings 7. Topics the Chair did not anticipate 8. Informational items: a. DEP Consumer Confidence Report Certification - Brewster Water Department Name: Tammi Mason Date Posted: 6/24/2020 Date &Time Received by the This meeting will be held in a wheelchair accessible room. Tc Clerk's Office Horsley Witten Group Sustaina le Environmental Solutions 90 %ule 5A • Unit 1 • Sandwich, NIA 02563 505-833-5500 • horsley'Adten.corn May 26, 2020 Mr. Brian Dudley MA Department of Environmental Protection Southeast Regional Office 20 Riverside Drive Lakeville, MA 02347 Re: Kings Landing WWTF Administrative Consent Order —Comprehensive Evaluation Report Dear Mr. Dudley: Enclosed please find the Comprehensive Evaluation Report for the above mentioned WWTF in accordance with the Administrative Consent Order Issued by MassDEP on December 24, 2019. The report is being submitted to review the current operations of the WWTF and outline any modifications that may be required to bring the WWTF into compliance with the permit conditions. As of March 3, 2020, Coastal Engineering Company has assumed operation of the WWTP and has been evaluating the system performance. Their initial observations and adjustments to the system are included in the Comprehensive Evaluation Report. They are continuing the evaluation and adjustment to settings bringing the WWTF into compliance. We are working with Coastal Engineering Company during the process of making those changes or adjustments to the treatment system. We look forward to working and reporting to you on the progress of the WWTF operation. Please feel free to contact me at 508-833-6600 at any point in your review with questions or comments. Sincerely, f HORSLEY WITTEN GROUP, INC. Joseph E. Henderson, P.E. Senior Engineer Enclosures cc: Sam Bryson-Brockmann, POAH Communities F.P. Lee, PE Principal Engineer 4-icarsll✓yWi�en.c�rn cj�HorsGeyWi�tenGrraup Norsiey 4+�ifit�n Group, Inc. e`er y,r• Joseph E. Henderson, P.E. Senior Engineer Enclosures cc: Sam Bryson-Brockmann, POAH Communities F.P. Lee, PE Principal Engineer 4-icarsll✓yWi�en.c�rn cj�HorsGeyWi�tenGrraup Norsiey 4+�ifit�n Group, Inc. COMPREHENSIVE EVALUATION REPORT FOR WASTEWATER TREATMENT FACILITY KINGS LANDING BREWSTER, MASSACHUSETTS TABLE OF CONTENTS 1.0 Introduction 2.0 Unit Process Description and Evaluation 2.1 Primary Settling 2.2 Flow Equalization 2.3 Biological Treatment 2.4 Post Bioclere Lift Station 2.5 Moving Bed Biofilm Anoxic Zone (Tertiary Denitrification) 2.6 Ultraviolet Disinfection System 2.7 Effluent Disposal 2.8 Process Control and Plant Alarm System 2.9 Treatment Building 3.0 Proposed Modifications & Action Plan List of Figures 1. Record Drawings 2. Hydraulic Profile List of Tables 1.0 Plant Alarm Conditions Comprehensive Evaluation Report Kings Landing, Brewster MA -1- Horsley Witten Group, Inc. May 26, 2020 1.0 Introduction Kings Landing is an affordable housing development consisting of ten residential buildings and a community center built in the early 1970's. The eleven buildings are located along State Street between Underpass Road and Snow Road in Brewster and are managed by POAH Communities. Approval to operate the treatment plant was given by the Department of Environmental Protection (MassDEP) on April 10, 2014. The WWTP has an approved design flow of 23,858 gallons per day (gpd) and the current average wastewater flow is approximately 10,000 gpd. The WWTP is operating under Groundwater Discharge Permit Number 934- 0. The system is comprised of the following components: • One 24,000 gallons primary settling tank (20,000 gallons operating capacity) • One 11,000 gallons equalization tank with aeration grid (8,000 gallons operating capacity) • Flow splitter box • Two Bioclere trains consisting of Bioclere 30 & 32 units for each train • One 846ot diameter post Bioclere lift station • One 846ot by 10 -foot moving bed biofilm anoxic tank • One 6,000 gallons baffled settling tank • Two ultraviolent disinfection units • One master distribution box • Five group distribution boxes • Five leaching beds with 25% spare capacity The WWTP treated effluent discharge limits are 30 mg/L of Biochemical Oxygen Demand (BOD), 30 mg/L of Total Suspended Solid (TSS), and 10 mg/L of Total Nitrogen (TN). The wastewater treatment plant was operrated by All Cape Environmental since commissioning in 2014. As of March 3,2020, Coastal Engineering took over the operation of the WWTP. On Wednesday January 15, 2020 a site visit was conducted by representatives from POAH Communities, All Cape Environmental and Horsley Witten Group (HW) to evaluate the operating condition of the WWTP. A description of the unit processes along with the findings of the evaluation are listed below. HW also conducted a site visit with the new operator on March 6, 2020 to review the plant operation. The evaluation for each process is as described below. 2.0 Unit Process Description and Evaluation The unit processes in the treatment sequence is shown below: Comprehensive Evaluation Report - 2 - Horsley Witten Group, Inc. Kings Landing, Brewster MA May 26, 2020 Wastewater Collection 4 Primary Settling Flow Equalization 4Biological Treatment -> Post Bioclere Lift Station4Tertiary Denitrification�>Effluent Disinfection Effluent Dosing to Disposal Beds -> Sludge Off -Site Disposal The Record Drawings of the WWTP is included in Figure 1. The hydraulic profile of the treatment processes is shown on Figure 2. A description of the individual unit processes follows. 2.1 Primary Settling A 20,000 -gallon working volume (24,000 gallons total volume) primary settling tank provides capacity for buoyant and settleable materials to be separated from the wastewater stream. Sludge return piping from the Bioclere Units and Final Settling tank are installed at the inlet of the primary settling tank in order to promote nitrification. The primary settling effluent flows by gravity to the 11,000 -gallon equalization tank. Evaluation: At the time of the inspection, a large accumulation of wipes and floatables materials was observed at the inlet side of the primary tank. Coastal Engineering (aka Coastal) was planning to schedule pumping to alleviate the issue. No structural defects were observed, inlet and outlet tees were in place. 2.2 Flow Equalization Primary settled wastewater flows by gravity to the flow equalization tank (FET) before being processed in the Bioclere units. The purpose of the FET is to transfer wastewater to the Biocleres at a steady flow rate over 18-24 hrs. The FET consists of a minimum 8,000 gallon working volume (11,000 gallons total volume) tank located ahead of the Bioclere units. The following equipment is included in the FET: 2 submersible solids handling pumps, associated piping, slide rail assemblies, valves, float switch controls and appurtenances. The pumps run on a timer, with four float switches located in the FET to govern the following functions: 1 Low-level Alarm float: The low-level alarm float acts as a redundant pump shut off and activate an audio/visual alarm signal when the float switch is in the extended position (open circuit). 2 Low-level float: In the extended position this float switch creates an open circuit and prevent operation of the pumps. When the circuit is closed the float switch allows activation of a fully adjustable timer and the pumps Comprehensive Evaluation Report - 3 - Horsley Witten Group, lnc. Kings Landing, Brewster MA May 26, 2020 alternate between cycles, transferring wastewater to the downstream treatment reactor(s). 3 Mid-level float: Upon closure the mid-level float switch activates the lag pump and the two pumps draw down the liquid in the equalization tank until the mid level float is open. Upon this occurrence, the PLC will notify the operator that a high-level condition has occurred and that the timer "on" setting may need adjusting. 4 High-level Alarm float: The high-level float switch activates the audio/visual alarm when the circuit is closed. Timer Settings: The FET pumps are currently set for 6 minutes of run time with 9 minutes off. The pumps are rated at 60 gallons per minute (gpm), which is equivalent to 34,560 gallons per day. This is the factory recommended settings and includes a 75% recycle rate. Evaluation: Both flow equalization pumps were in operation during the inspection and no issues with the pumps, slide rails, piping or electrical connections were observed. No modifications are recommended for this process. 2.3 Biological Treatment Two parallel trains of two mode130/32 Bioclere units operated in series. Each Bioclere consists of a trickling filter that is situated over a secondary clarifier (settling tank). The Bioclere is manufactured with inner and outer fiberglass skins. The cavity between is fiRed with polyurethane foam insulation for heat retention and maximum treatment efficiency. As wastewater is generated it flows by g�avity through the primary sett ling tank and into the FET for timed dosing to the Bioclere system. Wastewater is pumped subsequently to the center baffled chamber in the first stage Bioclere clarifier. Duplex alternating stainless steel submersible pumps situated in the center baffle dose the wastewater to the trickling filter media bed. In case of one pump failure, the second pump automatically takes over both dosing cycles. Dosing is controlled using a fully adjustable timer and wastewater is uniformly distributed over the entire surface area of the filter by means of fixed nozzles constructed of nylon. Each Bioclere contains a PVC dosing array and nozzles centered above the filter media to ensure uniform dosing. (see Bioclere Schematic and Bioclere dosing Array). Comprehensive Evaluation Report - 4 - Horsley Witten Group, Inc. Kings Landing, Brewster MA May 26, 2020 BIQCLERErM Biological Fan Box Bioclere Schematic Recirculation of secondary sludge and wastewater is accomplished in each unit using a submersible stainless steel pump controlled by a fully adjustable timer. The pump is located on the bottom of the cone shaped clarifier tank. The diameter of each settling tank is 10 feet with 60 -degree sloping sides. Internal baffling is provided in the secondary clarifier tank to prevent short-circuiting of wastewater and biological solids. The biological solids generated in the filter are returned to the primary tank at regular intervals. The Bioclere recycle pumps in the lead units (#1 and unit #3) of each train run at a 8 minutes ON / 60 minutes OFF the polishing units (#2 and 44) run at 6 minutes ON / 60 minutes OFF (360 gallons per 66 mikn cycle). The filter media consists of manufactured PVC randomly packed corrugated cylinders. It has a void ratio of >95%, is UV resistant, and resistant to a wide range of aqueous solutions, acids, alkalis, oxidizing agents, oils, fats and alcohols. Media in the first and second stage Bioclere units will have specific surface areas of 140 in /in' and 230 m2/m3 respectively. Comprehensive Evaluation Report - 5 - Horsley Witten Group, Inc. Kings Landing, Brewster MA May 26, 2020 f' IW _ Bioclere Randomly Packed PVC Media Forced air ventilation is provided in the Bioclere since it is a covered trickling filter. Each Bioclere contains an axial VV an airflow capacity of 158 cubic feet per minute (cfm). The fan is exposed to the atmosphere due to its enclosure location on top of the Bioclere. Air flows subsequently through the filter, under drain, and is discharged through the effluent pipe. A PVC vent is installed after each Bioclere. The Bioclere dosing pumps are controlled by a timer set for all units at 10 minutes ON / 2 minutes OFF. Evaluation: During the inspection dosing and recycle pumps for each of the four Bioclere units was tested. It was determined that dosing pump 2 in unit 2 and dosing pump 1 in unit 3 were not functioning. All recycle and fan units were operating properly. Biological growth on the media was not robust. Since Coastal has begun operation the biomass in the Bioclere units has improved. Based on previous experience in other WWTP similar to this, Coastal has adjusted the recycle pumps in the lead Bioclere units (#1 and #3) to 3 minutes ON / 30 minutes OFF and the polishing units (#2 and #4) to 4 minutes ON / 30 minutes OFF. Comprehensive Evaluation Report - 6 - Horsley Witten Group, Inc. Kings Landing, Brewster MA May 26, 2020 Alkalinity Feed System. The Alkalinity chemical feed system is located in the control building. The system is comprised of a feed pump equipped with a variable speed drive that can be set to deliver 0-60 milliliters per minute. The alkalinity source, Sodium Bicarbonate, is transferred automatically based on a timer in the control panel. A 1.5" diameter PVC chemical dosing conduit is installed from the chemical dosing point to the FET. Evaluation: The alkalinity feed system was not being used by the previous operator. Coastal has begun alkalinity feed to the system at a rate of 45 milliliters per minute on the feed pump which equates to 150 gallons per week and fifty pounds of sodium bicarbonate. Since activating the alkalinity feed the pH has come up to the middle 7's and growth in the Bioclere units has improved. 2.4 Post Bioclere Lift Station The post Bioclere lift station transfers nitrified effluent to the moving bed anoxic zone. The following equipment is included in this tank: 2 submersible pumps, associated piping, slide rail assemblies, valves, float switch controls and appurtenances. During feed pump operation an electrical signal energizes a peristaltic carbon feed pump and a specifled amount of carbon will be pumped into the anoxic zone inlet tee. The pumps run on a timer, with four float switches located in the tank to govern the following functions: 1. Low-level Alarm float: T�e low-level alarm fl oat acts as a redundant pump shut off and activates an audio/visual alarm signal when the float switch is in the extended position (open circuit). 2. Low-level float: In the extended position this float switch acts as a pump shut off. 3. Mid-level float: Upon closure a lift station pump shall transfer wastewater to the downstream treatment reactor. 4. High-level fl oat: The high-level float activates both pumps which will draw down the liquid in the tank until the low-level float switch is open. Upon this occurrence, a counter is triggered to alert the operator the number of high level float activations that has occurred. The high-level float switch shall also activate the audio/visual alarm when the circuit is closed. Comprehensive Evaluation Report - 7 - Horsley Witten Group, Inc. Kings Landing, Brewster MA May 26, 2020 Evaluation: During the inspection the dosing pumps and alarm were tested and functioning properly. The integrity of the precast tank, pumps, slide rails, piping, floats and electrical connections appeared to be ok. No modifications are recommended for this process. 2.5 Moving Bed Biofilm Anoxic Zone (Tertiary Denitrification) The proposed anoxic zone provides a suitable environment to initiate tertiary biological denitrification. As a Lift Station pump transfers Bioclere effluent to the tertiary anoxic zone, a peristaltic feed pump energizes to deliver an external carbon source into the influent tee of the anoxic filter. The external carbon source is used as a food source to initiate the denitrification reaction. A specified amount of external carbon based on the actual daily flow and concentration of nitrate in the waste stream is pumped to the inlet tee of the anoxic zone. The anoxic zone is housed in a 3,800 gallon square tank with INSIDE dimensions of 8' Square x 8' side water depth, 10' over all height. One 1.5 HP top mounted mechanical mixer with a 44" diameter rubber coated impelle circulates water and high density polyethylene (HDPE) AquaCELLTM 466 biofilm carrier media evenly through the tank, ensuring contact of the carbon source, nitrate and bacteria. Operation of the mixer and the chemical feed pump is automatic and fully adjustable using variable frequency drives. The mixer has a maximum RPM of 70 and a maximum tip speed of 12 ft/s to prevent degradation of the biofilm carrier elements. Audio/visual alarms are installed to detect mixer failure. The randomly packed HDPE media in the filter has an internal protected specific surface area of 4661.11 0 The total media volume within the anoxic tank is 4.0 m3 (141 ft3), which represents a 28% fill fraction. Note that only the internal surface area of the media is available for biomass growth. This is because the media is completely mixed in the anoxic tank and the outside media surfacfs are scoured of biomass as the carriers collide. The media is retained in the anoxic basin by a 6" dia x 36" long S.S. wedgewire media retention screen. The screen is designed to allow < 1" head loss through the reactor. Available media surface area for biomass growth: 4 m3 * (466 mZ/m3) = 19 864m2 The determination of the required media volume is conservative and assumes an influent nitrate N concentration to the anoxic zone of 15 mg/L due to denitrification in the primary tank. This translates to 3.0 lbs NO3-N/day (1,362 grams NO3-N/day). _ (24.000 gpd * 8.34 (lbs./gal) * 15 mg/L) 1*106 = 3.0 lbs. Nitrate-N/day (1,362 grams) This equates to a maximum nitrate media loading rate of approximately 0.73 (grams NO3-N/m2/day). Comprehensive Evaluation Report - 8 - Horsley Witten Group, Inc. Kings Landing, Brewster MA May 26, 2020 = 1,362 grams / 1,604M = 0.73 grams 1403-N/mZ media. Hydraulic Retention Time (HR7V: The Anoxic MBBR's HRT is affected by the volume of HDPE present in the biofilm carriers and in turn the volume of water displaced by the HDPE. AquaCELL466 media provides roughly 75% open space meaning 25% of a basin's capacity is lost at a 100% fill fraction. Using a 28% media fill fraction the Anoxic MBBR's HRT will be 3.53 hrs. _ (3,800 gallons) / (24,000 gallons/day) * 24 = 3.8 hours = 3.8 hrs -((3,800 gal * 0.25 open space * 0.28 fill fraction) / 24,000 gpd*24 hrs) = 3.53 hours after accounting for media displacement The loading rate and hydraulic retention time is based on actual anoxic zone operating experience in states like New Hampshire, Massachusetts, Rhode Island and North Carolina and data reported by the references listed below. Post anoxic reactors using 20% methanol or other supplemental carbon sources have been documented to achieve 1.15 grams/ml/day removal rates at < 10 degrees C. The anoxic zone requires relatively little maintenance and supervision. The main task includes monitoring and logging of the flow readings and external carbon source usage. After processing in the anoxic filter, effluent will flow through a 6,000 gallon baffled three compartment tank. Stage # 1 and 2 will be used for re -aeration and settling and stage # 3 will serve as a UV disinfection lift station. Each chamber is 2,000 gal. Because the water level in the third chamber wilLfluctuate, the tank walls are hydrostatic. The aerators in the first compartment of the tank are controlled by timer and are set for 15 minutes ON and 10 minutes OFF. The sludge return pump located in the second compartment of the baffled tank is also rum by timer and is currently set to run at 7 minutes ON and 10 minutes OFF. The UV dosing pumps in the thid compartment of the tank are set. MicroCT"" ora 20% Methanol solution is used as the carbon source for the denitrification process. The chemical is shipped in 55 -gallon drums and stored on a spill containment platform, with 20% spill capacity, suitable for four drums with a Neptune PZ metering pump mounted on a shelf near the drums. Evaluation: The anoxic mixer is currently set to run for 5 minutes per day at the lowest speed setting. Coastal is working with POAH and Aquapoint, the system supplier, to replace the media Comprehensive Evaluation Report - 9 - Horsley Witt en Group, Inc. Kings Landing, Brewster MA May 26, 2020 in the anoxic zone. Some of the media have been degrading and braking into pieces and carrying over into the baffled settling tank and UV disinfection system. These carryovers have been observed downstream of the UV dosing pumps and UV system that needs to be removed. Coastal has adjusted the aeration timer in the first compartment of the baffled tank to 10 minutes ON and 10 minutes OFF due to the minimal amount of methanol being fed into the system. Prior to Coastal taking over operation of the WWTP, the methanol feed had not been used and was not working properly. Coastal has repaired the metering pump and has begun to dose the 20% methanol solution to the system. The methanol feed is being adjusted on a daily basis based on operator's review of plant performance. 2.6 Ultraviolet Disinfection System Dual Hallet H-30 model self cleaning UV disinfection units in parallel will be supplied to reduce fecal coliform levels to <200 MPN /100 milliliters. Each unit is rated at 27 gpm designed to treat a total of 38,880 gallons per day. Together their total capacity is 54 gpm which is in excess of the design peaking factor of (2x) or 33.3 gpm given the implementation of EQ. Each unit will deliver a UV dose of 30 mJ/cm2 at a minimum water UV transmittance of 65%, after reduction for quartz sleeve absorption, sleeve fouling and end of lamp life. Each unit will be designed with an optimum wave length of 254 nm to inactivate microorganisms for proper disinfection. The UV disinfection system has been designed based on calculations as outlined in the EPA design manual and is designed to provide a maximum dosage using low-pressure high output technology at peak flow at the end of lamp life. The system will provide > 43,000 uWs/ at end of lamp life. This ensures that the unit will be capable of meeting and exceeding dosage requirements throughout its lifespan. Each unit contains dual UV bulbs. Wastelwater passes through an internal quartz sleeve which contains a wiper blade for automatic cleaning of the quartz sleeve. Evaluation: Coastal has been monitoring the UV intensity and changing out bulbs as necessary. Due to carryover of the media from the anoxic reactor as previously discussed, UV bulb life has not been as extensive as expected. 2.7 Effluent Disposal From the UV disinfection system, treated effluent will flow by gravity to the master distribution box for flow distribution to the five group distribution boxes. Valves located on the master distribution box will allow the operator to alternate between the four active and one reserve disposal trench groups. Comprehensive Evaluation Report - 10 - Horsley Witten Group, Inc. Kings Landing, Brewster MA May 26, 2020 The effluent disposal system will consist of five groups of high-density polyethylene (HDPE) chambers surrounded in stone aggregate and arranged in parallel trench configuration. Each group will consist of nine trenches, spaced four feet apart, and each two feet wide, two feet deep, and just over 44 feet long. Four of the five groups would be active at any time. The groups will cycle through active and rest periods to extend the useful life of the facility and act as emergency reserve. The emergency reserve is capable of treating 25% of the design flow, or approximately 6,120 gpd. Evaluation: Due to the carryover of media from the anoxic zone, some carryover has been observed in the distribution boxes for the effluent leaching field. Once the new media has been installed, any media carryover will be removed from the distribution boxes to prevent migration to the underground leaching chambers. 2.8 Process Control and Plant Alarm System Table 1—Plant Alarm Conditions Pre -e ualization um fail, high and low alarms Bioclere pump fail, high and low alarms Post-Bioclere lift station pump fail, high and low alarms Moving Bed high and low alarms, mixer fail Sludge pump fail, high and low alarms UV system fail Power fail Generator run and fail An emergency backup generator and automatic transfer switch will be provided to enable continuous operation during loss of power. Evaluation: During the inspection, power was shutoff to the WWTP and the system was observed operating on backup power. 2.9 Treatment Building A 15 ft. x 18 ft. control building located adjacent to the treatment system will be provided to house the mechanical and electrical equipment, chemical storage, tertiary sand filter, UV system, alarm monitoring system, restroom, and system operator work area. Control panels for all newly installed equipment will also be provided in the control building. A Mission alarm monitoring system will be installed to provide notification to the operator when an alarm occurs. The following is a list of spare part s for the wastewater treatment system that are kept onsite in the control room: Comprehensive Evaluation Report - 11 - Horsley Witten Group, Inc. Kings Landing, Brewster MA May 26, 2020 • Several spare recycle and equalization pumps • Spare UV lamp kit • Anoxic mixer motor 3.0 Proposed Modifications and Action Plan After taking over the WWTP in March 2020, Coastal has reset most of the system settings back to manufacturer's recommendation to create baseline for their operation. The pilot recycle system that was previously reviewed and approved by MassDEP in March 2019 has been placed offline. Alkalinity feed has been introduced and the supplemental carbon feed system is back online and being integrated at the operator's discretion based on need. Overall, biomass growth in the Bioclere units has improved, however, there are still signs that full nitrification is not taking place. To completely reset the WWTP, the media in the anoxic zone should be replaced. POAH, Coastal and the Equipment supplier, Aquapoint, are currently working to complete the purchase and installation of the new media. The anticipated installation is expected to be complete within the next 4 months. Based on discussions with the operator, HW recommends reintroducing the previously permitted aeration system that was installed in the equalization tank in 2016. The design details are attached. The system will provide an aerated environment ahead of the Bioclere units to reduce Biological Oxygen Demand (BOD), Quaternary Ammonia Compounds (QAC) and promote additional nitrification in the system. The original aeration system that was installed stopped working after approximately 1 year of operation and was never placed back into operation. Over the next 4 months the previously installed aeration equipment will be reviewed, and it will be determined what equipment can be reused and if new equipment will be needed. After review, the equipment will be reinstalled in the equalization tank. HW recommends monitoring the system for two months after installation is complete to evaluate performance based on the permit requirements. The overall schedule is estimated to be 6 months (4 months for implementation and 2 months of monitoring). Considering the current environment resulting from the COVID-19 pandemic an d the majority of residents staying home and more disinfection products are used, the operator has noticed a change in waste stream strength. Considering the change in waste stream, it may take longer than anticipated to see improvements depending how long it takes to see a consistent and normal waste stream. REFERENCES Guidelines for the Design, Construction, Operation and Maintenance of Small Sewage Treatment Facilities with Land Disposal, Commonwealth of Massachusetts Department of Environmental Protection, Division of Watershed Permitting, Revised July 2018. Wastewater Engineering —Treatment and Reuse, Metcalf and Eddy, McGraw-Hill, 2003. Comprehensive Evaluation Report - 12- Horsley Witten Group, Inc. 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I � ��. _ __ _ _ �_ o� ___ & � �� � - - € 1- - �� E: � ._.�.__� - g. _ �I �-_; - � t � � � � �Y � d I �- c - ���__ �- �� , - �s � �� ;�. - m 4 8 a .� k n :pay�pow �se� -Iorsley Mitten Group Sustainable Environmental Solutions 90 Route 6A • Sandwich, MA • 02563 Tel: 508-833-6600 • Fax. 50&833-3150 • www.horsleywitten.com July 20, 2016 VIA EMAIL Mr. Brian Dudley Massachusetts Department of Environmental Protection Southeast Region Office 20 Riverside Drive Lakeville, MA 02347 Re: Kings Landing Wastewater Treatment Plant -Pilot Test Proposal Dear Mr. Dudley: On behalf of the Preservation of Affordable Housing (POAH), the Horsley Witten Group Inc. (HW) and AquaPoint (AP) have worked together in preparing this pilot test proposal to determine the effectiveness of additional aeration to reduce the amount of Quaternary Ammonium Compounds (QAC) in the wastewater flow prior to biological treatment. Background: Quaternary Ammonia Compounds (QAC) have been commonly used in many consumer products, such as disinfectant, kitchen cleaning products, shampoos, hair conditioners, and hand sanitizers. The presence of QAC is known to have an effect on the nitrifying bacteria (1). HW encountered a similar situation at the Pinehills Private Sewer Facility (PSTF) where the damage to the nitrifying bacteria population was limited by providing additional aeration before the biological treatment process. Therefore, we are proposing a similar solution at Kings Landing. Propose Protocol: Based on the plant layout, we determined that the best location for the aeration grid would be inside the equalization (EQ) tank which is located after the24,000 gallon septic tank, as shown on sheet C-16 attached. AP and HW had a lengthy discussion on how to install an aeration manifold through the existing access hatch on the EQ tank. AP also field verified the existing conditions at the hatch and riser section prior to the design of the aeration manifold. As a result, AP has prepared the attached sketch, sheet 1, showing the proposed aeration manifold to be installed in the existing EQ tank without entering the tank. In addition, AP proposes to use two Sweetwater model SL490 compressors (see cut sheet for SL 190), which are capable of providing approximately 12 to 18 scfin to the EQ tank. The amount of air can be adjusted by controlling the timer on the compressors. As for the monitoring parameters, HW and AP suggest measuring the pH, Dissolved Oxygen an d QAC daily (5 days per week) from the influent and effluent of the EQ tank for comparison. The laboratory tests will be conducted on site using bench top equipment. We will collect the background data for a week before adding oxygen to the tank. Then we will start adding the oxygen to the EQ tank, and will review the laboratory data and adjust the air supply for a second setting for the next test as needed. &. Brian Dudley July 20, 2016 Page 2 of 2 At the end of the testing period, HW and AP will prepare a test report discussing the finding and recommending a possible change to the treatment process. Please review the above propose protocol and let me know if you have any comments on the proposal. We have received approval from POAH to proceed with the pilot testing contingent on MassDEP approval. Sincerely, HORSLEY WTTTEN GROUP, INC. Senior Project Engineer 9 Reference: (1) Carter, John, Water Environmental Federation, 2008, Nitrification Inhibition by Quaternary Ammonium Compounds in Wastewater from Small Communities and Schools. Attachments: 1. C-16: Hydraulic Profile dated June 17, 2013 2. Sheet 1:Proposal Aeration Manifold in EQ Tank 3. Cut Sheet of SL 190 Copies to: Michael Donovan, CPM Director of Maintenance POAH Communities 40 Court Street Boston, MA 02108 Mr. Josh Lindell AquaPoint.3, LLC 39 Tarkin Place New Bedford, MA 02745 C�] HMrOHdJFMY2rM ®nanwv �v S•LL$Sl1fIJY'SS67Y`L',�LSi41t7X8 rn*� SNV7dNOLL9II?LLSNOJ2UPO 8o¢oop crn09M0,YdFt7JNIQNV7SJMX �19�7Lvl000p. +s+d a,o•.w zz _ IM- p � M � p Om oaL'S r SgYS� f \ SSrr sq&t�� HMrOHdJFMY2rM ®nanwv �v S•LL$Sl1fIJY'SS67Y`L',�LSi41t7X8 rn*� SNV7dNOLL9II?LLSNOJ2UPO 8o¢oop crn09M0,YdFt7JNIQNV7SJMX �19�7Lvl000p. +s+d a,o•.w zz _ 7 p � J � p Om oaL'S N ZIR'+iWRYI 4 wrlawo mm P U IFH �IsMEt/LN90:pBlupd El/LLI90:psy�pow lsel �Cffi�! oaL'S SgYS� :gg8y SSrr sq&t�� :srgC 88y�g&y gaHB 9CS g$SSt 'It � j 1§1� i� ���� MIN �� �3MR Yip Ilia-$ I E g M N ZIR'+iWRYI 4 wrlawo mm P U IFH �IsMEt/LN90:pBlupd El/LLI90:psy�pow lsel apq N B S > A a o W� �� RU J d3 a ¢ o es 219%*7;,wOD yy � w q¢ Z Z `1 LLI N R r Q 1N7 Q z Z Y FN - X •O _ y W Z Z ~J J W 2 Z W w 63 H UA r w U ID Lj CD o O� ~ A w Lo 00 U p J ow a zv�i z M: ON f ¢3 ¢y Na ¢ =J Ln b d� R4 dfn ¢¢ \o W O Ry nj Z Ln O N� x � V N J co J �W JJ co p LnO 2 p U v J Q 2 ¢ •r ' X: �3 .e: CIO H W LJ K Fl W Q Id a ZD w K LO All Ia :. a Z O >z d ¢ b ¢ Q ¢£ L a w ,9 w ¢ � ¢ \� Z ¢ b .Z. o ti (moi, C3 h Y W 3 ¢ .ww w. o w £ I bZo 1 x N V W N .9 0� = X N I 5 flop H W i£ N W � U 0 x a a � H N CS J R J d W W �4A z 3 R ~ 2 J � O N LA H K W W W d J O ZA N14 W J Ad _ 3 a ¢w a¢ z or z Z 3 z¢ ¢ UI - a w z a i w � � �jy � � w � e a i �jy � � w � e Detail Sheet Part No. SL190 3 core PVC Cable Notes: 1. Product Dimensions (mm): all dimensions are reference only. 2. Technical data subject to change without notice. 3. 3/1." hose barb x 1/2" male NPT fitting and 'U" tube with 2 clips shipped unattached, not shown. 60 -Hz performance at sea level is shown. 8 6 U5 4 a 2 ►►'� PENTAIR AQUATIC ECO -SYSTEMS" 2395 Apopka Blvd. • Apopka, FL 32703 Ph: 877-347-4788 • Fax: 407-886-6787 PAES.General@Pentair.com • PentairAES.com 226 CFM 1 2 3 4 5 6 7 8 9 LPM 28 57 85 113 141 170 198 226 255 Product Specifications Number Sound Level Ambient Rel. Humidity Weight Voltage Amps Watts Hz SL190 <48 d(B)A -10 to 40°C 20-80 % 11.9 kg 120 3.7 190 60 J.M. OREILLY & ASSOCIATES, INC. PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting June 17, 2020 Town of Brewster Brewster Board of Health 2198 Main Street Brewster, MA 10631 RE: Variance Request -Lapidus Residence 115 The Tides Court Map 58, Parcel 44 Dear Board Members: Job # 8014 . Pt � 11- ...'UW. Lop DEP e-� R"I{Jf[=i`IT On behalf of our client, David Lapidus, J.M. O'REILLY &ASSOCIATES, INC. requests the Brewster Board of Health review and grant the following Variances to the State and Town of Brewster Sanitary regulations for the proposed installation of a Title 5 Sewage Disposal System to serve the reconstructed single family dwelling at the above referenced property. On December 10, 2018, the Brewster Board of Health reviewed and approved the proposed project along with the variances currently being re -requested with this application. Due to several reasons, the project was delayed and the approval from the Board of Health has lapsed. The project has not changed from when the previous Board approved the variances. The following is the narrative that was presented to the Board back in 2018. The project proposes to tear down the existing four (4) bedroom dwelling and replacing it with a new four (4) bedroom dwelling. The existing dwelling is serviced by a sewage system with an approved capacity of the four bedrooms. The existing sewage system consists of a 1000 gallon septic tank and a 14'x6' leach pit. The pit was designed and installed in 1992 and was installed so as to meet the 4 foot separation to high groundwater. The proposed sewage system consists of a 1500 gallon septic tank and a new leaching chamber. The chamber will provide a 9 foot separation to the high groundwater. Due to the sizing requirements and the location of a coastal dune, the sewage system will require variances from the state regulations, Title 5 and Brewster's sanitary Regulations. The proposed leaching facility, similar to the existing leach pit, is greater than 100 feet from mean high water line of Cape Cod bay. The following are the variances being requested from Title 5 and the Town of Brewster Regulations: VARIANCES: 310 CMR 15.211 (Setbacks) 1.) Soil Absorption System not 10' from Property Line; 2.) Soil Absorption System not 20' from cellar wall; 3.) Septic Tank not 10' from Property Line; 4.) Septic Tank not 10' from cellar wall; 6.5' held 3.5'variance 6' held 14'variance 7' held 3' variance 8' held 2' variance 15 %3 MAIN STREET, P.O. BOX I 773, BREWSTER, MA oz63 I 'PHONE: (508) 896-66oI •FAX: (508) 896-66oa WWW.JMOREILLYASSOC.COM LOCAL REGULATIONS: 5.) SAS is not 100 feet from wetland resource (Dune); 25' held75' variance The variances being sought are a result of the minimal room available for a sewage system given the location of the proposed footprint of the building and the location of the wetland resources for the property. The proposed location of the leaching facility maximizes the environmental setbacks to the wetland resources. The proposed location also improves the horizontal and vertical setback to the wetlands and groundwater. The proposed sewage system will serve the reconstructed dwelling, which will replace the existing dwelling. The proposal does not propose any increase of the approved sewage flow for the property. The existing dwelling is an approved 4 bedroom dwelling which will be replaced with a proposed 4 bedroom dwelling. Under Title 5 and the Brewster Sanitary Regulations, the proposal is NOT "new construction" and should be viewed as a repair/upgrade. The requested variances are required given the proposed building footprint and the locations of the wetland resources. The proposed building footprint matches the existing footprint in the area of the proposed leaching facility. Conservation Commission and Zoning setback requirements do not allow for the new footprint to be pushed away from the proposed leaching facility location. It is the opinion of J.M. O'REILLY &ASSOCIATES, INC the variances being requested can be granted by the Board of Health, with conditions. The proposed variances associated with the new sewage system results in the improvement of the groundwater and wetland setbacks from the current sewage system. Under the Brewster Variance Regulations, Section 3.2, the variances can be granted since this is a sewage system upgrade to serve a dwelling with no expansion of flow. The Brewster Regulations Section 3.2(B)i & ii: The proposed variances improves an existing condition as iL relates to the setbacks to the groundwater and resources. The existing system appears to be in functioning order for the current 4 bedroom use. The proposed system would increase the environmental setbacks for the reconstructed 4 bedroom dwelling. There is no expansion of flow proposed. P Enclosed please find six (6) copies of the Sewage Disposal System Plan, a copy of the certified abutters list, and a copy of the letter sent to the abutters, Maps &Filing fee of $75.00. A representative from my office will be present at your July 1, 2020 meeting so as to discuss the proposal in greater detail and to answer any questions you may have. Very truly yours, J. M. O'REILLY &ASSOCIATES, INC. John M. O'Reilly, P.E., P. . Principal Enc. Plans (6), floor Plans (6), application, fee &abutter information CC: Owner JMO/ak �r �t ;� > o �" r — _ :� 3_a =—'o December 10, 2018 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 ExT 1120 FAx:(508)896-4538 BRHEALTH [7 BREWSTER-MA.GOV John M. O'Reilly, PE, PLS J.M. O'Reilly & Associates, Inc. P.O. Box 1773 Brewster, MA 02631 RE: Map 58, Parcel 4� 115 The Tides Dear Mr. O'Reilly: OFFICE OF HEALTH DEPARTMENT On December 5, 2018, the Board of Health voted to approve the following variances to the Brewster Board of Health regulations: 1. To allow the soil absorption system (SAS) to be 25'from a wetland resource (dune). The Board of Health voted to approve the following Local Upgrade Approvals: 1. To allow the SAS to be 6.5 feet from a property line. 2. To allow the SAS to be 6 feet from the cellar wall. 3. To allow the septic tank to be 7 feet from a property line. 4. To allow the septic tank to be 8 feet from the cellar wall. Because the property is in an Environmentally Sensitive Area, the owner must agree to install water saving devises on all fixtures. Enclosed lease find a Certificate of Granting of Variance Form which must be properly recorded at the Registry of Deeds. Please submit a copy of the recorded document to this office. If you should have any questions, please do not hesitate to contact the Health Department at 508-896-3701 ext. 1120. Sincerely, - Nancy Ellis Ice, C.H.O., R.S. Health Director W W W.BREW STER-MA.GOV n Received: Paid: Abutter Deadline: Date: 6/17/2020 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1120 FAx:(508)896-4538 'HEALTH(. REWSTER-MA.GOV WWW.BREWSTER-MA.GOV SUBJECT PROPERTY ADDRESS: 115 The Tides Court Map: 58 LC Plan: Parcel: 44 Lot: BOOk: 27536 44 OFFICE OF HEALTH DEPARTMENT Application for Board of Health Variances ❑In -House Local Upgrade Approval WPublic Hearing Name of Applicant: David Lapidus & Fotoulia Nicole Lapidus, Trustees Mailing Address: P.O. Box 1997, Brookline, MA 02446 Telephone # 617-823-0994 Owners) of Record : SAME Mailing Address: Email: david@octagonproperties.net Design Engineer/Sanitarian: John M. O'Reilly, P.E., P.L.S. Mailing Address: 1573 Main Street, PO Box 1773, Brewster, MA 02631 Telephone #: 508-896-6601 LC Certificate: Firm/Company Name: J.M. O'Reilly &Associates, INc. Email address: joreilly@jmoreillyassoc.com Sig New Construction � Voluntary Upgrade ❑Addition/Alteration ❑Failed system ❑Real Estate Transfer ❑ Design flow of existing system: 440 gpd Design flow of proposed system: aae 9Pd Reason for failure: Total sewage flow of site: 440 9Pd Conservation Commission approval required: yes 9 no ❑ Order of Conditions/Det. Of Applicability attached W Total lot size (sf): SF Total Date of ConCom hearing: 6/19/18 List of all Variances from State and Local codes (add sheets if neede d TITLE 5 Sec. #: Brewster Reg, #: Description of Variance(s) Descri tion of Variance s see attached Approved by: Health Department N:\Iiealth\BOH reps\InHouse Septic Local Upgrade Approval 20]9\Varianceapplication FINAL NONFILLABLE FORM 12.18.19.docx BREWSILK BOARD OF HEALTH PUBLIC HEARING NOTICE Date: 6/17/2020 Re; 115 The Tides Court Map; 58 Subject Address Dear Abutter: CERTIFIED MAIL RETURN RECIEPT REQUESTED A public hearing has been scheduled for the Brewster Board of Health to take action on an application for variances from the regulations of the Massachusetts Department of Environmental Protection, Title 5, and/or the Town of Brewster Regulations for Subsurface Disposal of Sewage. The following variances are requested. List of all variances from State and Town Codes Title 5, Sec. # Description of variances) of 1.) SAS not 10' from property line; 6.5' held - 3.5' variance 2.) SAS not 20' from cellar wall; 6' held - 14' variance 3.) Septic tank not 10' from property line; 7' held - 3' variance 4.) Septic tank not 10' from cellar wall; 8' held - 2' variace Brewster Reg. # Description of variances) 5.) SAS is not 100' from wetland resource (dune); 25' held - 75' variance Said hearing will be held at the Brewster Town Offices, 2198 Main Street, Brewster, on 7/1/2020 at 7:00 p.m. The application and plans are available for review at the Brewster Health Department, Brewster Town Offices, 2198 Main Street, Brewster, MA, Monday through Friday (excluding holidays) from 8:30 a.m. to 4:00 p.m. Sincerely, John M. O'Reilly. P.E.. P.L.S. Applicant/Representative CC: Brewster Health Department N:\Health\BOH regs\InHouse Septic Local Upgrade Approval 2019\Publichearingabutternotification NONFILLABLE FORM 12.11.19.docx TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 65 feet of Parcel 58/44/0 363 58-37-0-E BREWSTER TOWN OF LITTLETON (4-55) TOWN LANDING &PARK 327 58-43-0-R MAUGEL BRENT A & ROBERTA M BREWSTER (4-18) 02631 365 58-44-0-R LAPIDUS DAVID TRUSTEE & 115 (4-56) LAPIDUS FOTOULIA NICOLE TRUSTEE 12760 58-45-0-E UNKNOWN (4-999) 370 58-46-0-R OLSON MARY ELLEN TIDES (4-61) ' 116 H E T(1 58!4410 1 15 T TIDES OQUIR 58!37!0 � 0 BREAKWATER. 0 BREAKWATER ROAD RT Certified by: James M. Gallagher, MAA Deputy Assessor BREWSTER MA 02631 LITTLETON 2198 MAIN STREET 105 THE TIDES COURT BREWSTER MA 02631 DISCOVERY BAY 11 MATTHEW DRIVE 115 THE TIDES COURT P O BOX 1997 0 THE TIDES COURT 0 THE TIDES COURT 116 THE TIDES COURT 13A SEABEE LANE Certified by: James M. Gallagher, MAA Deputy Assessor BREWSTER MA 02631 LITTLETON MA 01460 BROOKLINE MA 02446 BREWSTER MA 02631 DISCOVERY BAY HONG KONG 6/15/2020 Page 1 a ' � T„m t� 3 rrc�rs aEi a 3 0 3m N� F �orc��Y'n cq a m DZ jn C m EaN "Mvw O ren W l�no� �s a N r N A �J �7 0 3 v'.o c3ao 2E �J �7 0 Please note: this form has been modified with added space to accommodate the Registry of Deeds Requirements Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key, VQ ream 1.1 2 0; 0 1L as co 0_0 a m 0-0 &r IU Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Provided by MassDEP: SE 9-1793 MassDEP File # eDEP Transaction # Brewster City/Town Brewster 1. From: Conservation Commission 2. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions (check one): s. To: Applicant: David Lapidus a. First Name b. Last Name David Lapidus...Trust c. Organization PO Box 1997 d. Mailing Address Brookline e. City/Town a. Property Owner (if different from applicant): MA f. State a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town 5. Project Location: 115 The Tides Court a. Street Address 58 c. Assessors Map/Plat Number Latitude and Longitude, if known: f. State 02446 g. Zip Code g. Zip Code Brewster b. City/Town 44 (4/56) d. Parcel/Lot Number 41 d768m543s-70083m226s d. Latitude e. Longitude wpaform5.doc • rev. 6/1612015 Page 1 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information (cont.) 6. Provided by MassDEP: SE 9-1793 MassDEP File # eDEP Transaction # Brewster City/Town Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable a. County b. Certificate Number (if registered land) 27536 c. Book �. Dates: a. Date Noti ed Plans and Other Documentsce of Intent Filed 181 d. Page 9/5/18 b. Date Public Hearing Closed c. Date of Issuance a. Final Approv(attach additional plan or document references as needed): Proposed Site Plan for New Dwelling 115 Tides Court a. Plan Title J. M. O'Reill b. Prepared By 7/2/18 & Associates, Inc. John M. O'Reilly, PE, PLS c. Signed and Stamped by d. Final Revision Date f. Additional Plan or Document Title B. Findings 1 a. d. 9• 1"=20' e. Scale Findings pursuant to the Massachusetts Wetlands Protection Act: g. Date Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: ❑ Public Water Supply ❑ Private Water Supply ❑ Groundwater Supply b. ❑ Land Containing Shellfish °l n. F'1 Fisheries f ® Storm Damage Prevention i. El Prevention of Pollution ® Protection of Wildlife Habitat ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ®the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control, wpaform5.doc • rev. 6/16/2015 Page 2 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Denied because: Provided by MaSSDEP: SE 9-1793 MassDEP File # eDEP Transaction # Brewster City/Town b. ❑the proposed work cannot be conditioned to meet the performance standards set forth -in-the wetland. regulations. -Therefore,-work on.this project -may not -go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). a. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a, linear feet b. linear feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a. square feet b, square feet c. square feet d, square feet s. ❑ Land Under Waterbodies and a. square feet b. square feet c. square feet d, square feet Waterways e. c/y dredged f. c/y dredged 7. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet d, square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet h, cubic feet 8. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet s. ❑ Riverfront Area a, total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d, square feet e. square feet f. square feet Sq ft between 100- 200 ft g. square feet h. square feet i. square feet J. square feet wpaform5.doc • rev. 6/16/2015 Page 3 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Provided by MassDEP: SE 9-1793 MassDEP He # eDEP Transaction # Brewster CitylTown Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ Designated Port Areas 11. ❑ Land Under the Ocean 1z. ❑ Barrier Beaches 13. ❑ Coastal Beaches 14. ❑ Coastal Dunes 15. ❑ Coastal Banks 16. ❑ Rocky Intertidal Shores 17. ❑ Salt Marshes 1a. ❑ Land Under Salt Ponds 1s. ❑ Land Containing Shellfish 20. ❑ Fish Runs z1. ® Land Subject to Coastal Storm Flowage 22. ❑ Riverfront Area wpaform5.doc • rev. 6/16/2015 Sq ft within 100 ft Sq ft between 100- 200 ft Indicate size under Land Under the Ocean, below a. square feet b. square feet c. c/y dredged d. c/y dredged Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd cu yd a. square feet b. square feet c, nourishment d. nourishment cu yd cu yd a. square feet b. square feet c, nourishment d. nourishment a. linear feet b. linear feet a. square feet b. square feet a. square feet b. square feet c. square feet d, square feet a. square feet b, square feet c. c/y dredged d. c/y dredged a. square feet b. square feet c, square feet d. square feet Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. c/y dredged b. c/y dredged a. square feet b. square feet a. total sq, feet b, total sq. feet c. square feet d, square feet e. square feet f. square feet g. square feet h, square feet i. square feet J. square feet Page 4 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) * #23. If the 23 project is for the purpose of restoring or enhancing a wetland resource area 24, in addition to the square footage that has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B,5.c (BVW) or The following conditions are only applicable to Approved projects. B.1 Tc (Salt Marsh) above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter he additional g y re ulator measures, shall be deemed cause to revoke or modify this Order, t amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.. ❑ Restoration/Enhancement *: a. square feet of BWV ❑ Stream Crossing(s): a. number of new stream crossings b. square feet of salt marsh Provided by MassDEP: SE 9-1793 MassDEP File # eDEP Transaction # Brewster City/Town b. number of replacement stream crossings 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. The work is a maintenance dredging project as provided for in the Act; or b. The time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. wpaform5.doc • rev. 6/16/2015 Page 5 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1793 MassDEP He # eDEP Transaction # Brewster City(rown C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number SE 9-1793 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpaform5.doc • rev. 6/16/2015 Page 6 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1793 MassDEP File # eDEP Transaction # Brewster City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order (the "Project") (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the Stormwater Standards, then the project is subject to the following conditions. a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpaform5.doc • rev. 6116!2015 Page 7 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE H 793 MassDEP He # eDEP Transaction # Brewster City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible part ies shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit. e) Unless and until another part y accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts stormwater Handbook. �paform5.doc • rev. 6/16/2015 Page 8 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE )-1793 MassDEP File # eDEP Transaction # Brewster City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. I) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(l 1), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaform5.doc • rev. 6/16/2015 Page 9 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1793 MassDEP He # eDEP Transaction # Brewster CitylTown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ®Yes ❑ No 2. The Brewster hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: Code of the Town of Brewster 172 1, Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Code of the Town of Brewster 172 1. Municipal Ordinance or Bylaw 2. Citation s. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See Addendum. wpaform6.doc • rev. 6/16/2015 Page 10 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: SE 9-1793 MassDEP He If eDEP Transaction # Brewster Citylrown E. signatures This Order is valid for three years, unless otherwise specified as a special f$' condition pursuant to General Conditions #4, from the date of issuance. 1. Dae of Issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2. N mber of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: ❑ by hand delivery on F. Appeals ® by certified mail, return receipt requested, on I.Fiia Lapidus The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc • rev. 6/16/2015 Page 11 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information Provided by MassDEP: SE 9-1793 MassDEP File # eDEP Transaction # Brewster City/Town Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Brewster Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission, To: Brewster Conservation Commission Please be advised that the Order of Conditions for the Project at: 115 The Tides, 58/44(4/56) Project Location SE 9-1793 MassDEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: 9/5/18 Date If recorded land, the instrument number identifying this transaction is: Instrument Number p"o9-14 01 ` l ;COS, 0 7 i If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 12 of 12 Addendum to WPA Form 5 - Order of Conditions David Lapidus, Order of Conditions SE 9-1793, 115 The Tides Court, Assessors' Map 58, Parcel 44 (formerly Map 4, Parcel 56) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act (M.G.L. Ch.131, § 40) And Code of the Town of Brewster Chapter 172 Brewster Wetlands Protection By-law (BWP By-law) Project Description: The Notice of Intent proposes to demolish an existing single family dwelling and construct a new dwelling and retaining wall, to upgrade a septic system, to install native plantings, and the maintenance of snow fencing on and within 50 and 100 feet of coastal wetland resources. Resource Area Identification: The Conservation Commission does not confirm the resource area boundaries as shown on the plan. Due to changing site conditions the resource area boundaries are not confirmed, however, the resources are confirmed as Coastal Beach, Coastal Dune, Coastal Bank, and Land Subject to Coastal Storm Flowage. The Commission finds that the elevated coastal resource area is a coastal bank. The artificial coastal dune deposits meet the definition of coastal dune. The affected resource areas under the Massachusetts Wetlands Protection Act (M.G.L. Ch.131, § 40) are Coastal Beach (310 CMR 10.27), Coastal Dune (310 CMR 10.28), Coastal Bank k.3 10 CMR 10.30), and Land Subject to Coastal Storm Flowage. The affected resource areas under the Brewster Wetlands Protection By-law (Chapter 172) are Coastal Beach (Brewster Wetland Regulations 2.02), Coastal Dune (Brewster Wetland Regulations 2.03), Coastal Bank (Brewster Wetlands Regulations 2.05), and Land Subject to Coastal Storm Flowage, Interests Protected Under the Brewster Wetlands Protection By-law: Wildlife Storm Damage Prevention and Flood Control Marine Fisheries Historic Values Aesthetics Performance Standards Implicated by Proposed Project under Mass. Wetlands Protection Act and Wetland Regulations: Coastal Beach, 310 CMR 10.27 (3) Coastal Dune, 310 CMR 10.28 (3) (5) Coastal Bank 310 CMR 10.30 (4) (6) Local Performance Standards Implicated by Proposed Project under Brewster Wetlands Protection Bylaw and Wetlands Regulations: Coastal Beach, 2.02(3) Coastal Dune, 2.03(3) (4) (5) Coastal Bank, 2.05(2) (3) Lapidus, 115 The Tides Court, Order of Conditions SE 9-1793 Findings/ Special Conditions 1 Findings under Massachusetts Wetlands Protection Act and Wetland Regulations: Coastal Beach, 310 CMR 10.27(3): Portions of the proposed project occur on and within 50 and 100 feet of a Coastal Beach. The Brewster Conservation Commission finds that the coastal beach is significant to storm damage prevention, flood control, and protection of wildlife habitat. The Commission finds that the work can be conditioned so it will not have an adverse effect by increasing erosion, decreasing the volume or changing the form of the coastal beach or an adjacent or downdrift coastal beach. Coastal Dune, 310 CMR 10.28 (3) (5): Portions of the proposed project occur within 50 and 100 feet of a Coastal Dune. The Brewster Conservation Commission finds that the coastal dune is significant to storm damage prevention and flood control. The Brewster Conservation Commission finds that the proposal can be conditioned so that it will not have an adverse effect on a coastal dune by affecting the ability of waves to remove sand from the dune; by disturbing the vegetative cover so as to destabilize the dune; by causing any modification of the dune form that would increase the potential for storm or flood damage; or by causing removal of sand from the dune artificially. See Special Conditions below. Coastal Bank, 310 CMR 10.30(6): Portions of the proposed project occur within 50 feet and 100 feet of a Coastal Bank. The Brewster Conservation Commission finds that the coastal bank is significant to storm damage prevention and flood control because it is a vertical buffer to storm waters. The Brewster Conservation Commission finds that the proposed work can be conditioned so that it has no adverse effects on the stability of the coastal bank. See special conditions below. Findings under Brewster Wetlands Protection Bylaw and Wetlands Regulations: The Brewster Conservation Commission finds that the project can be conditioned to comply with the Brewster Wetlands Protection Bylaw and Regulations. See Special Conditions below. Portions of the proposed work are on and within 50 and 100 feet of a Coastal Beach, Coastal Dune, Coastal Bank, and Land Subject to Coastal Storm Flowage. Sections 2.02(3), 2.03(3) and 2.05(2) of the Brewster Wetlands Protection Regulations all require a variance from the regulations granted pursuant to Section 5.01 of the regulations. A variance maybe granted only for the following reasons and upon the following conditions: a) 7) mitigating measures are proposed that will allow the project to be conditioned so that it contributes to the protection of the resource values identified in the Wetlands Bylaw; and 2) the Conservation Commission finds no reasonable alternative for such a project within the proposed site; and 3) there will be no adverse impact from the proposed project,' or b) that the project is necessary to accommodate an overriding public interest or that itis necessary to avoid a decision that so restricts the use of property that if constitutes an unconstitutional taking without compensation. The Brewster Conservation Commission finds that mitigating measures have been proposed that will allow the project to be conditioned so that it contributes to the protection of the resource values identified in the Wetlands Bylaw. The mitigating measures include erosion control measures and planting of native species. Lapidus, 115 The Tides Court, Order of Conditions SE 9-1793 Findings/ Special Conditions 2 Alternatives were addressed by John O'Reilly of J. M. O'Reilly & Associates, Inc. The Conservation Commission finds that the proposed project is a reasonable alternative. The Brewster Conservation Commission finds that the project can be conditioned so there are no adverse impacts from the proposed project to the interests protected by the Brewster Wetlands Protection By-law. The Brewster Conservation Commission finds that variance criteria b), "that the project is necessary to accommodate an overriding public interest or that it is necessary to avoid a decision that so restricts the use of property that it constitutes an unconstitutional taking without compensation, "does not apply to this project. For the above stated reasons, the Conservation Commission grants a variance to Sections 2.02(3), 2.02(3), and 2.05(2) of the Brewster Wetlands Protection Bylaw Regulations. Coastal Beach, 2.02(3): Portions of the proposed project occur on and within 50 and 100 feet of a Coastal Beach. The Brewster Conservation Commission finds that the coastal beach is significant to wildlife, storm damage prevention and flood control. The Brewster Conservation Commission finds that the proposed project can be allowed under a variance from the regulations pursuant to section 5.01. See variance findings above. Coastal Dunes, 2.03(3)(4)(5): Portions of the proposed project occur within 50 and 100 feet of a Coastal Dune. The Brewster Conservation Commission finds that the coastal dune is significant to storm damage prevention and flood control. The Brewster Conservation Commission finds that the proposed project can be allowed under a variance from the regulations pursuant to section 5.01. The Brewster Conservation Commission finds that the proposal can be conditioned so that it will not have an adverse effect on a coastal dune by affecting the ability of waves to remove sand from the dune; by disturbing the vegetative cover so as to destabilize the dune; by causing any modification of the dune form that would increase the potential for storm or flood damage; or by causing removal of sand from the dune artificially. See Special Conditions below. Coastal Banks, 2.05(2) (3): Portions of the proposed project occur within 50 and 100 feet of a Coastal Bank. The Brewster Conservation Commission finds that coastal banks provide significant storm damage prevention and flood control through the supply of sediment to coastal beaches, coastal dunes and barrier beaches. The Brewster Conservation Commission also finds that coastal banks provide significant protection to upland areas from storm damage and flooding. The Brewster Conservation Commission finds that the proposal can be conditioned so that it will not have an adverse effect on the coastal bank. Special Conditions under the Mass. Wetlands Protection Act and Wetlands Regulations and under the Brewster Wetlands Protection Bylaw and Wetlands Regulations. The Brewster Conservation Commission hereby finds that the following additional conditions are necessary to comply with performance standards set forth in the Massachusetts Wetlands Protection Act and Wetland Regulations and the Brewster Wetlands Protection By-law. The Conservation Commission orders that all work shall be performed in accordance with said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of intent, the conditions shall control. M. All local, state and federal approvals shall be obtained for this project before work can commence. Copies of all approvals shall be forwarded to the Brewster Conservation Commission. A2. This permit is granted under Section 172-7 of the Brewster Wetlands Protection By-law, subject to the conditions imposed, for a period of three years from the issuance date of the original Lapidus, 115 The Tides Court, Order of Conditions SE 9-1793 Findings/ Special Conditions 3 Order of Conditions. The Conservation Commission may issue one year extensions based on review of the site and other criteria. Requests for each extension shall be submitted in writing, no less than 30 days prior to the expiration date. This Order of Conditions shall expire on 9/5 2021. A3. The Agent or other employee, members of the Conservation Commission and officials of the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order, at reasonable hours, to evaluate compliance with the conditions stated in this Order. Said persons may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. This right of entry shall remain until such time as a Certificate of Compliance has been issued, recorded in the Registry of Deeds or Land Court, Barnstable County, and returned to the Conservation Department, A4. This order shall apply to any successors and assigns in interest or control and any other person engaging in activity on the property identified in the Notice of Intent. A5. Violation of any of these Conditions shall subject the violator and the landowner to a fine (of not more than $300.00 per day) pursuant to Section 172-11 of the Town of Brewster Wetlands Protection By-law, until all violations have been corrected to the satisfaction of the Brewster Conservation Commission. A6. All work shall be in accordance with the approved plan of record noted to be Proposed Site Plan for New Dwelling, 115 The Tides Court, Brewster, MA as completed J.M. O'Reilly & Associates, Inc. and dated 7.2.2018. In addition, the plan of record shall also include the plan noted to be Existing Conditions Plan, 115 The Tides Court, Brewster, MA as completed by the same and dated 5.9.2018. In addition the approved plans of record shall also include the detailed house plans showing the exterior conditions of the proposed dwelling. If any changes are made in the above-described plan(s) which may or will alter an area subject to protection under the Wetlands Protection Act and the Town of Brewster Wetlands Protection By-law, or any changes in activity subject to regulations under G.L. c. 131 §40, or the Town of Brewster local regulations occurs, the applicant shall inquire from this Commission in writing, prior to implementation in the field, whether the change(s) is significant enough to require an Amended Order of Conditions or the filing of a new Notice of Intent. Any errors in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. W. Prior to demolition, clearing, excavation or construction, an erosion control barrier (silt fence and staked straw wattles/haybales) shall be properly installed as shown on the plan of record. This barrier shall constitute the limit of work. No work shall take place on the wetland side of the barrier. The siltation barrier shall be removed only after any threat of erosion no longer exists, and all disturbed areas are stabilized by vegetation or other means. Any siltation buildup on the upland side shall be removed. Any commencement of work activities prior to the proper installation of erosion controls and an inspection and approval by the Conservation Commission may result in a cease and desist action, and possible fines of up to $300.00 per day for each day of violation. A8. A supply of extra siltation barriers shall be stored on site for emergency use. A9. After the siltation barrier/limit of work has been set and a minimum of five (5) days before commencement of work, the owner shall notify the Conservation Department using the Owner affirmation of responsibility for work/request for site inspection... form, which shall be signed by the owner of the property as well as the contractor in charge of the work. The Commission's Agent will schedule an on-site meeting of the contractor(s) responsible, to ensure that the requirements of this Order are understood. No work shall begin until after the on-site meeting. At the on-site meeting, the contractor and the Conservation Agent will review access and protocol Lapidus, 115 The Tides Court, Order of Conditions SE 9-1793 Findings/ Special Conditions 4 for demolition as well as construction. During this on-site consultation, the Conservation Agent or Commissioner may require minor modifications to the approved site plan (relating to work/construction methodology) to the Order of Conditions. If so, said conditions will be provided in writing at the time of said on-site meeting. A10. Also prior to commencement of demolition and/or construction, a series of dated color photographs shall be taken of the entire resource area and buffer area, and siltation barrier, and shall include any erosion and revegetation area. A set of photographs shall be submitted to the Conservation Department for the applicant's permit file, with the notification form. These photos shall be labeled with the Assessor's Map and Parcel, and street address, date and general view description. Another series of dated color photographs shall be taken of the resource area and buffer area when the work is completed, and fully revegetated and stable. These photographs shall be submitted to the Conservation office at the time a Certificate of Compliance is requested, and shall remain in the applicant's permit file. The photos shall be labeled with the Assessor's Map and Parcel, and street address, date and general view description. A11. Heavy equipment or machinery is permitted for use in the demolition and reconstruction of the existing dwelling. Heavy machinery is also permitted for the installation of the proposed septic tank and soil absorption system. No heavy machinery is allowed beyond the designated siltation barrier/limit of work. Vegetation management shall be completed by hand or with hand tools. Al2. Any debris, fill or excavated material on site shall be stockpiled away from designated wetlands. Unsuitable or excess excavated material shall be properly stabilized or removed from the site. A13. All structures, facilities and equipment, as part of this project, shall be continually operated and maintained so as to comply with this permit. This provision applies specifically to all heavy equipment used on this project. Any leakage of oil, hydraulic fluid, fuel, or any other pollutant shall be cleaned up immediately, and the defective equipment responsible for said leakage shall be immediately repaired or taken off site. A14. Prior tb the issuance of a Certificate of Occupancy from the Brewster Building Commissioner; a "Compliance Statement" shall be requested of the Conservation Administrator by the engineer or applicant. The Conservation Administrator will visit the site to ensure compliance to that point, and issue the Compliance Statement or require from the applicant that any errors be corrected. A15. A copy of this Order of Conditions/Permit shall be kept on site at all times during construction. This is the owner's responsibility. The owner shall see that all contractors and subcontractors retained during construction receive a copy of this Order. Workers shall be prepared to produce the Order and all plans and supporting documents referenced in the Order, upon request of the Conservation Agent or any member of the Conservation Commission. A16. Mulch shall not be a substitute for groundcover or shrubs in jurisdictional areas. A17. Any disturbed slopes on site shall_ be revegetated with appropriately sized and spaced approved plant species* and stabilized with 100% biodegradable erosion control netting, which shall stay in place after final grading. Other disturbed areas shall be covered with four to six inches of organic topsoil which is free of weed seeds and debris, and planted with appropriately sized and spaced approved plant species*. All disturbed areas shall be completely revegetated during the first growing season after the permitted work is complete. *Approved plant species, size and spacing are those on the list of acceptable plantings for coastal buffer zones_of the Cape Cod Cooperative Extension (www.capecodextension.orq). Turf lawn is prohibited within the 100 foot buffer zone to wetlands. Lapidus, 115 The Tides Court, Order of Conditions SE 9-1793 Findings/ Special Conditions 5 Demolition and Reconstruction A18. Access for the demolition and, reconstruction of the dwelling shall be from The' Tides Court and areas as far from resource areas as possible. A19. Prior to construction, an erosion control barrier shall be properly installed as close to the work as possible. This barrier shall constitute the limit of work. No work shall take place on the wetland side of the barrier aside from planting, and no machinery shall be used past this barrier. The siltation barrier shall be removed only after any threat of erosion no longer exists, and all disturbed areas are stabilized by vegetation or other means. A20. 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. A21. Once completed, the gutters and downspouts from the new dwelling will be directed into drywells or stone infiltration trenches along the drip line. Vegetation Management A22. Installation of in -ground irrigation systems shall be prohibited within 100 feet of any wetland resource areas. Temporary above ground irrigation systems may be used to establish mitigation plantings. A23. Any fertilizers used within 100 feet of any wetland resources shall be listed by or comprised of organic ingredients consistent with the United States Department of Agriculture National Organic Program (NOP). Organic fertilizers shall be used in an appropriate manner for the conditions of the subject property, and applied in accordance to the manufacturer's specifications. A24. Pesticides, herbicides and fungicides shall be prohibited within 100 feet of any wetlands. A25. Removal, pruning and cutting of vegetation shall be minimal and in accordance with the approved plans. A26. All vegetation approved for removal shall be taken from the site to an appropriate upland location outside the 100 -foot buffer zone. A27. No removal of native shrubs or trees is permitted beyond clearing for the construction of the dwelling. The existing cherry trees noted on the plan of record may be pruned away from the dwelling. Mitigation A28. Mitigation plantings shall be installed in accordance with the plans of record and the Order of Conditions. The Leland cypress mitigation plantings noted in the plan of record shall have substitutions to include native, non-cultivar species in their place. A29. Mitigation plantings shall be installed within the planting season immediately following the start of work. For example, if work starts in winter or spring, the mitigation plantings outside the erosion control barrier/limit of work shall be installed that spring. If the work starts in summer or fall, the mitigation shall be installed that fall. Lapidus, 115 The Tides Court, Order of Conditions SE 9-1793 Findings/ Special Conditions 6 A30. All new plantings shall be tagged in the field for monitoring purposes. The tags shall remain on the planted species for easy inspection by the Conservation Administrator and/or Conservation Commission, through the required monitoring period. A31. All new plantings shall survive three full growing seasons or be replaced in kind by the applicant and/or property owner. Monitoring/Reporting A32. The new plantings shall be monitored for three years. Progress reports and photographs of the plantings shall be completed by an approved environmental consultant and submitted to the Conservation Commission prior to October 31 on an annual basis. Snow Fence A33. All timber components of the snow fence shall be constructed with untreated lumber. This includes posts and slats. A34. The slats shall be spaced so as to maintain a minimum of 50% permeability (i.e. the width of the slats shall not exceed the width of the gaps) A35. All sand drift fence materials shall be a natural wood color. Fences shall not be painted or dyed. A36. The snow fence shall be maintained. If portions of the structures are damaged, the property owner shall remove them from the beach, dune, or tidal flats. Project Completion/Certificate of Compliance A37. A final report, which shall include any effect on the wetland resources shall be submitted following completion of the project and prior to a Request for Certificate of Compliance. A final series of dated color photographs shall be taken of the resource and buffer areas when the work is completed. These photographs shall be submitted to the Conservation office at the time a Certificate of Compliance is requested, and shall remain in the applicant's permit file. These photos shall be labeled with the Assessor's Map and Parcel, and street address, date and general view description. A38. The Conservation Commission shall reggire three full growing seasons for mitigation plantings before issuing a Certificate of Compliance. Any Certificate of Compliance granted before plant viability shall be conditional on prior submittal of a performance bond, to be held until the Conservation Commission/Agent determines plantings are mature enough to ensure survivability. A39. On completion of the entire project, the applicant or representative shall submit a written request for a Certificate of Compliance on WPA Form 8A -Request for Certificate of Compliance MA WP ACT. The plan of record contains the stamp of a Professional Engineer (PE)/Professional Land Surveyor (PLS). It is further required that a written statement by a PE/PLS certifying substantial compliance with the plan and an "as-built/as-planted" plan be included. If the "as built/as planted" plan shows any deviation from the approved plan, the PE/PLS, shall describe said deviation in the statement. This form shall be accompanied by payment of a non-refundable fee to the Town of Brewster. Without a Certificate of Compliance which has been recorded (at the Registry of Deeds or Land Court, whichever applies), an encumbrance shall remain on the property, and your filing will not be closed. �ARI�STABLE REGISTRY O.F DEEDS John F. Meade, Register Lapidus, 115 The Tides Court, Order of Conditions SE 9-1793 Findings/ Special Conditions 7 E w S T ///0i *YE 00 1 sn r 0 //�,�����Illllllllf Ill I Ullllllil\I��� Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 026314898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brll ealth(�abrewster-ma. gov W W W.BRE W STER-MA. GOV AGENDA ACTION ITEM FORM BOH Variance Agenda Item In -House Local Upgrade Approval Other: Health Department Amy L. von Hone, Director Board of Health Meeting Date: July 1, 2020 Project Location: 115 The Tides Court Map & Parcel: 58/44 Owner's Name & Address: David Lapidus & Fotoulia Nicole Lapidus, Trustees P.O. Box 1997 Brookline, MA 02446 Applicant: David Lapidus &Fotoulia Nicole Lapidus, Trustees Date Requested: June 17, 2020 Title 5 Variance Request: Yes® No❑ Board of Health Varian ce Request: Yes® No ❑W Other: Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant etland —Coastal Dune Yes ® No ❑ 1. Outside Public Water Zone II and existing Town water 2. In ESA —Site within 300' of Wetland (Mean High Water and Coastal Dune) 3. Proposed raze and replace of existing 4 Bedroom dwelling to a proposed 4 Bedroom dwelling. 4. Existing BOH Variance approval (December 5, 2018) of project has expired. Applicant is requesting an approval of same project with the same variances. Health Director's Recommendation: Approve with following comments and conditions 1. The existing property consists of an existing 4 bedroom dwelling serviced by town water and a 1992 approved Title 5 septic system without variances. 2. The proposed project has been approved by the Brewster Conservation Commission as of 8/21/18. N:\liealth\BOH Meeting Notes\BOH Heazing Notes\115 The Tides Court M58P44 Agenda.Variance Action Item Form 07.01.20.docx 3. The applicant proposes to construct a new 4 Bedroom dwelling with an upgraded Title 5 septic system consisting of a 1500 gal Septic tank, Distribution Box, and 3-500 gal Chambers with 4' stone. The location of the proposed septic system accommodates the repositioning of the proposed dwelling further away from the wetland resource areas. The location of the proposed leach facility is 156' from the Mean High Water and 25' from closest edge of Coastal Dune. The proposed leach facility is approximately 9' above high groundwater compared to the existing leach pit which is approximately 4' above high groundwater. 4. The lot is subject to septic flow restrictions per the Brewster Environmentally Sensitive Areas (ESA): 1 bedroom per 10,000 sf of land area. The existing lot is 23,000 sf which is grandfathered for the existing 4 Bedroom dwelling. The proposed reconstruction of a 4 Bedroom dwelling is not proposing any additional flow and in not considered new construction under the Title 5 definition. 5. The following variances are requested: Title 5. a. 3.5' variance, proposed 6.5' separation between SAS facility and property line b. 14' variance, proposed 6' separation between SAS facility and foundation c. 3' variance, proposed 7' separation between septic tank and property line d. 2' variance, proposed 8' separation between septic tank and foundation Town of Brewster: e. 75' variance, proposed 25' separation between SAS and wetland (coastal dune) 6. Approval Option: a. Approve proposed raze and replace of 4 Bedroom dwelling and the septic variances as requested above with the following conditions. i. The size of the system will be based upon the Brewster Board of Health Policy which defines bedrooms. ii. Water Saving devices must be installed on all fixtures. iii. If the property in question is a rental, the owner must agree to limit the number of occupants based on the size of the system. iv. There will be no addition of the number of bedrooms in the residential structure. A copy of the BOH Approval Letter to be recorded at the Barn stable County Registry of Deeds prior to issuance of the Certificate of Compliance upon completion of the septic system installation. A copy of the recorded letter to be placed on file at the BOH. v. Revised septic plans showing water line to new dwelling. N:\Health\BOH Meeting Notes\BOH Heazing Notes\115 The Tides Court M58P44 Agenda.Vaziance Action Item Form 07.01.20.docx I I I I I I I I � � U U i + BEDROOM # BEDROOM LIVING ROOM d- � m c�os� �� 0 N BEDROOM #4 KITCHEN BEDROOM 3 BA OM Ex. �IrSt floor Plan O� �8�� _ � �-o�� � . 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ALL WOOD IN CONTACT WITH CONCRETE SHALL BE PREBBURE TREATED. 2. ALL WORK AND PROPERTY SHALL BE PROTECTED FROM IXPOSURE TO THE WEATHER. 3. ALL PRECAUTIONS SHALL BE TAKEN TO ENSURE THE PROTECTION OF THE PUBLIC, WORKERS AND PROPERTY FROM CONSTRUCTION HAZARDS. 4. REFER TO FLOOR PLANS FOR ALL FLOORING INFORMATION 5. 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REFER TO FLOOR PLANS FOR ALL FLOORING INFOP.MATION B. 'STORM WATCH" REFERS TO ANDERSON WINDOWS HURRICANE RATED WINDOW PACKAGE 0 m 0 d E `m a W o p N .N `-" > aQ �- m 0- m � O m Zi !"1 �.�/-�1 5 /Q� F+i y/ ^ U ^� O �I�/ �JJ�J''''.7��7�'W.'��.��� m �V{� �r^' • *ti U C� �� � �...� T� N • 1` • DESIGN Proposed Frst Floor Plan A1.1 C (6 d O U - N LL § � 2 c O � ti �- m 0- m � O m Zi !"1 �.�/-�1 5 /Q� F+i y/ ^ U ^� O �I�/ �JJ�J''''.7��7�'W.'��.��� m �V{� �r^' • *ti U C� �� � �...� T� N • 1` • DESIGN Proposed Frst Floor Plan A1.1 ROVER STORM BY SHADE AND �D C:\Users\sean\Documents\Lapidus CDs_seanEPBYE.rvt A2.2 A ROLIER STORM SHUTTER BY SHADE AND SHUTTER r ROLLER STORM SHUTTER I BY SHADE AND SHUTTER g C A AB.I A5.1 A5.1 A A2. I SECOND FLOOR PLAN NATCFI ROVER STORM SHUTTER BY SHADE AND SHUTTER D A5. I CH B A2.2 :� NOTE: SEE STRUCTURE SHEETS BY McKEIJLE EIJGIIJEERS FOR ALL STRUCTURE DETAILS AND SYbIBOL LEGENDS GENERAL NOTES 1. ALL WOOD IH CONTACT WITH COIJCRETE SHALL BE PRESSURE TREATED. 2. ALL WORK PND PROPERTY SHALL BE PROTECTED FROM EXPOSURE TO THE WEATHER. 3. ALL PRECAUTIONS SHALL BE TAKEN TO ENSURE THE PROTECTION OF TME PUBLIC. WORKERS AND PROPERTY FROM CONSTRUGTOW HAZARDS. 4. REFER TO FLOOR PIANS FOR ALL FLOORING INFORMATION 5. °STORM WATCH° REFERS TO ANDERSOIJ WINDOWS HURRICANE RATED WINDOW PACKAGE li 1�� m U �i ���IG���������� m I�� I'L���_� _ I,�'•gi�r�L'.�'• �m pv m � ■•• O �■ i� • � o■ u• iiia •'ir■� O • � ■• � ■ ■ o ■i■��i •■o ���////%�� r . j�///////I ll���la�l%%//////�///////////�I��II II I%/%//////j+Il� I1 I� ���� �� ��� ��/ _ _ _��%////////� : •'�• /i� �� j j • � �,',■HSI �I% �i% �%i%/%////////�___ �� % % I O �N %, � O �� II Ali' j ��7 '///////o/�i/a/// /o/iiiiiiiiiicr✓ilii. �'�rre�»; �� 1�/ % � i •��� II II ////ami ';.f Zl lull%/oiiiiio�� I � ✓� I 2 `�� ;5U? ,,,,, ,vale � ...^rr_:��� J � .,,, szS.7`,w���� O � a LL C O j � i��!��%/////// �I''//////////� O �. 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O � a LL C O U N � � � 4 W U) II N �- m N O O ._ � �; m � U � /�� �..r c U �/ � O ^� �I�/ A \ � m /�••� `V T� � N rI �` • D E S I G N o` N B Proposed Second Floor Plan A1.2 COMPLAINT FORM BREWSTER HEALTH DEPARTMENT Map: Lot: Complaint # a(} 'US Date Location of compla'. Nature of complain Iu✓V� Responsible Individual(s): Phone# Address: Reported by: �1 P t�S Phone# Address: Investigation Date: La 3 a PJ Inspector: Conditions observed:I UkrC W 0 L, I Of r 6� c,�b►,� LG� rt i gal k' 1 l 14y 0 ld u i m Ali' ✓ t UYl bt a Action taken: (date) Notes: W 5 )e, rwfI Crwl � 1 l w�sfi ' P►rk-x SL ),cdL4Ld&Cl ✓ic els r h►��1 cLea� r eta rc1 u�x� pi's �e✓h �fi c, VIrs O ,4 �h . iti �"*zyxaYxrn"'�p 03 F�ORPOVO� 10,3, June 125 2020 Mr. Rabin 2449 Main Street Brewster, MA 02631 Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 026314898 PHONE: 508.896.3701 F,XT. 1120 FAX: 508.896.4538 brhealth n brewster-ma.eov W W W.BRE WSTER-MA.GOV RE: Chillingsworth Trash Receptacle _ Dear Mr. Rabin, Health Department Amy L. von Hone, R.S., C.H.O. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant On June 3, 2020, the Brewster Health Department received another complaint regarding the offending odors coming from your trash receptacle. A site inspection was conducted that afternoon. The receptacle lid was found closed and it was not overflowing however, an odor of garbage was detected. As part of my inspection I visited the complainant's home. I did detect an odor of garbage in their back yard. In addition, piles of discarded equipment and other objects remain littered about the area. During a site visit last fall for a similar complaint, you were asked to clean up the items surrounding the receptacle. To date this has not been done. As this has been a reoccurring complaint you are being asked to appear before the Brewster Board of Health at their next scheduled virtual meeting, Wednesday, July 1, 2020, at 7:00 p.me to discuss these issues. Instructions will be forwarded to you on how to join the meeting. Please confirm the date and time with this office at (508) 896-3701 ext 1120. Sincerely, Sherrie McCullough R.S. Assistant Health Director Town of Brewster CC: Regular Mail File 7018 2290 0000 2350 2430 N:\Health\McCullough\FOOD\Letters\Chillingsworth Dumpster complaint.doc v M (D N O -�J Vi N '+ i .S (D O '-h ET N n rid O c+ (l] O) r(' T fD O -h Edu= O O i n oSi (D .. AA,, O W V C (D (D. O, N. H, M do C: 10 3 (D f 3 d '< OAl VAi ? t W N N << a S 5 00 A -„ p C a 4 Fi RD �o < (D a 00 (D : (D 2 Dpi < .D 6 c -.. '^ (D rD O: u, p. v m RO 'a. c C O �, N o n -(, G q Weddell m O lwU 00 9 (p < (D 7 '"! O.: T O `. °c n O of 3 meddled V On o O. a .��' -'m n N r4 O- 7: Ol lWl) A W oT ' O CL � tD 3. -. �_. �, - 0) c (D n O r Idell N N O (A d �, T O O Q" d n. rt (D cli O O 0 T ;� D n NMI+ (A A W �F-++ N H O d D n O. 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"p — N O rr ms �' O (D O \ N O (D C fD 0 O N Q. H r+ r+ O N p O O �. O p O ;o 0. qh WA MTJ O 3' fll (D K S p r+ VI N F r C O° Ln T O N 7 CD rt T �� D 0O(DOp o °° (Df . � a pQ � O O -p mQc ' m n In O m� 3 Q � � T< VfCCcDf (D D ti (D rF En O [D (D o o cr n ° � � ° m (D � ^� N O =, N In �.. T f° 0 m �Ill' p l r' fl (p \\ /O� a ' 7 m i! 0�1 (D `�G N m �� �. N s� s 0 o vOi vi,000 _. (D Q ` 0 O LT T G! O (D CD l.< -p O_ H alma 3 CA N. m n m < (�D °/ ° 7 d Q O ,vrr ,nt C P 6 f i ,�O( % M° v�0i G \ < mrp C (D o a s � O a ,fD D' C fD J o �, S ^ o• e'F f+ fD m (D + r+0 °p' �' r+ 0 � G t�D :3 1 3 o z< �� N 0 d CD y O_ IT n (D l� O A p . o o o > rF O Q �' C Do y N v O 0 0 rt '� 4p r+ O 0�o �rD � (D �� (D� O LnO (�D O O O O_ O O 3'o N T f \ - ++ n v _ O 0 Z3 y �, ` f h SPI (D 0 OO \ T O n '� OQ `\ O � o r+ c� Q =I ou ;V (D r+ In () r+ Lull 0 0 o Q O \ O rN+, p Uri0 C N CDD 0 r+0 (D CO 3 (D r rnr d 0 � c T (y\y Tammi Mason From: Sent: To: Dwight Ritter <mLerco@comcast.net> Wednesday, June 3, 2020 2:49 PM Tammi Mason Subject: Chillingsworth smell Attachments: IMG_0718 jpg; IMG_0717 jpg TO: Brewster Board of Health Today is the first warm day of the spring /summer. The odor from Chillingsworth today reminded us of our efforts to have them moved their dumpster to another location on their 3 acre+ property, rather than 20 feet from our property line. Over the years we have been forced to close our windows and not sit on our back porch due to the reckless and and unhealthy smell from their dumpsters and surrounding area. We have complained to the town repeatedly. When we do it via phone, someone from the Board of Health calls the restaurant and asks permission to view the site. (We watch from our back window) as one of the Rabins run outside to make sure the top on the dumpsters is down. If it's not, they immediately put it down. Soon a representative from the BOH shows up and previews the scene. Invariably, they decide the odor is not bothersome (?) W,,L Jo nib cko vt(+ We have appeared before the BOH many times filing formal complaints. Each time Mr. Rabin denies there is any odor. The last time we appeared before the BOH is was decided that next time we complained the town would require Chillingsworth to move their dumpster to the other side of their property. fi5� frt bt4VL 11u 6AI II�b- C(%LLO5 IvrtvL DcalvLAIT As we all know maintaining a healthy environment—especially now with the Covid19 p andemmc�is important to the health of our community. Public restaurants should be required to set a healtgy example. Clearly Chillingsworth has not and (it appears) will not. � We beg beg the BOH's understanding of our plight and that you demand Chillingsworth move their ►mq dumsters asap. Attached are three photos -taken from our property line. Respectfully submitted, Dwight and JoAnn Ritter. Aw fo Ole do Fel 7 N0 I ad �.`, t Off IN: ON 0 Via q. at rf � ; .owe 4. IV IN. �If Far I A' We 0 Far ad,_ _ - .�C T i ` ^ P ' flag ww IMF ANN ' r _ ���� iw , Nk de _ L 1� V,� r., �r _ IF �+ t NINO offe 't sVlel E p \, rdF aft &A ANN( JIM) s s " �y.• 1�add INL Ig IM Me IF L 4 Moo. fit Mo IT was, p off I 7} iINN edi, w 1) #off Vag i f_ e j-1►:rla. MMV RINI IF 60 Fee It I VON, Ili Me A Sgt?,1 NOON ya .,� t/J r, �•� I i r a rIt I NO �` o f Ne' No a� aFP ��10 � MN I ve .�''� Ik11; IF do ? Ml ; MW 4,0 It � . ,iel ' .y IF f t• `�.:` ,s Me r 1'► r1 Ime ,, � r 'i. el lAVG , .• —•�IF a r MIN 111111wle. of 4-0 tivp V4 LAIN a IN ye. fff off aft, I IP VVVp �' Me ,� .1 .. IF p �d' Arm V pt kA rr � �� .ay , � fff 1 � �� •� •� < IMF r gi ANION ov IN For Or rw4� -Nd !113a�,t, ,! N " •j Y l , �tY.i� .�ali"i �r�f t<.NOtv, -40VANw NN NO fAwl' PAP e 1 we OL di Ad. �l .:j, + rr _ I r ',� •.� . { 1 *AL i ILIAw VIA� . ! / d e T 4' b*raj. !r/''`lj ONJr pa 9r ,i r IN:. III iff,OFAllkkZ 1700,14 iv4 OrIN 0 1 OLINq ForOFPrIN AllOr k'? /v r Th �ffI 1h, 1v AidAV VIA Ford, IA 4t Ir OF 4 Old va �� ��� - �� � `��� � • � '' IpiIL �rr `X r ' � . ��y1C ANpip OWN; V e !%j AIF 'z N rhat%s1'�•' Ter A " rr r �� , � y � � _ los �er�,` i, � ..��� .•� �, NO NO 1 f ♦ ¢ jn it JIM 11 p NN NIF A' NIP It 4dw 04 t*r - r Not '14(1 K`,t IF , Timeline of complaints regarding Chillingsworth dumpster 7/19/2004 — Complaint made by Dwight Ritter stating that the dumpster was overflowing and that they were throwing bottles into the dumpster late at night and it was very loud Sherrie McCullough, Assistant Health Director went out on 7/20/2004 and noted that the dumpster was full and the top was open. There were boxes and crates of wine bottles on the side of the dumpster. She stated that she spoke with the owner who stated the dumpster was emptied on 7/16/2004 and that it is emptied once weekly and as needed throughout the week. The owner also has a hose with hot water near the dumpster and once it is emptied he pours bleach inside and on concrete platform. Mrs. McCullough stated that the owner is making an excellent effort to maintain the dumpster as best as he can. 9/3/2004 —Complaint made by Dwight Ritter stating that the dumpster is open and there are crows all around it Sherrie McCullough, Assistant Health Director went out on 9/3/2004 and noted that the dumpster was closed and there was no odor. There were empty bottles neatly organized next to the dumpster and there were no crows at the time of her visit. There was plenty of room in the dumpster for more trash and it was not overflowing. She spoke with the owner who noted that the dumpster was scheduled to be emptied on 9/4/2004. Mrs. McCullough went back out on 9/4/2004 and the dumpster had been emptied. 8/14/2006 —Complaint made by Dwight Ritter stating that the dumpster smells and is overflowing Sherrie McCullough, Assistant Health Director went out on 8/15/2006 and was told the dumpster had been emptied at 5:30PM on 8/14/2006. The complainant was upset that they have to call them to ask to have the dumpster emptied. 7/6/2007 —Complaint made by JoAnn Ritter stating that the dumpster smells and is on their property Sherrie McCullough, Assistant Health Director went out on 7/6/2007 and noted that the dumpster was full and infested with flies. The dumpster is located close to the kitchen and she cannot determine if it is on the Ritter's property or not. She spoke with the owner about the frequency of the trash pick - ups and if the dumpster was being washed out or bleached to control the odor. The owner stated that right now, they are on a "will call" basis for pick up. He did call last night for a pick up today. Business hours increased this week so more frequent pick-ups will be needed or another dumpster could be put on property. Mrs. McCullough will invite the owner in to a BOH meeting to discuss this issue. 7/30/2007 —Complaint made by Ritter's attorney (?) that the dumpster smelled Sherrie McCullough, Assistant Health Director went out on 7/30/2007 and noted that the dumpster smelled and flies were buzzing on and around it. The dumpster was closed but did appear full. She spoke with Allied Waste and was told that the restaurant was still on a "will call" pick up schedule but that they were scheduled for a pick up today. Allied Waste stated that they do rinse the dumpster out when they empty it to help control odor. On 7/31/2007 a letter was sent to Chillingsworth requesting them to come to the August 7, 2007 BOH meeting to discuss the dumpster issues. 8/7/2007 - a letter to the BOH from the Ritter's was received outlining the issues that they have been having with the dumpster. 8/20/2007 - a letter to Chillingsworth was CC'd to us from the Ritter's with regards to the restaurant throwing bottles into the dumpster late at night and disrupting them. 8/20/2007 - a letter was sent to Chillingsworth stating that they were required to relocate the dumIDS ter within 2 weeks or court action may be taken against them. 10/10/2007 - a follow up inspection was conducted by Sherrie McCullough, Assistant Health Director. It was noted that the dumpster had not been relocated. At the time of this inspection, no odor was detected and the dumpster was not overflowing. The owner had stated to Mrs. McCullough at this time that he had replaced the dumpster after noticing that the bottom of the previous one was rotted out. He also established a routine scheduled pick up and was prepared to call for an extra pick up if needed. He also stated that he changed his garbage bags to a heavier one in hopes of cutting down on odor and leakage. A hot water hose is next to the dumpster and it is bleached and hosed down after being emptied. 11/6/2007 - a letter from the Ritter's was received by the Health Department requesting that they still require Chillingsworth to relocate the dumpster. 11/6/2007 - a letter was sent to Chillingsworth stating that the Board had discussed the issue of the dumpster at their November 6, 2007 meeting and voted to sustain the order for the dumpster to be relocated. This was to be done within 2 weeks and failure to do so would result in a fine of $25.00 per day for each day's failure to relocate the dumpster and that their 2008 Food Establishment permit would not be issued. 12/4/2007 - the Rabin's, owners of Chillingsworth were present at the BOH meeting and explained the on- going history and what they have done to try and solve this problem. The Board at this time stated that the Rabin's must request an early pick up from their rubbish removal company and that the trash must be picked up more often. It was also noted that if there was one more violation, the dumpster would have to be relocated. 7/7/2008 —Complaint made by Dwight Ritter stating that the dumpster smelled On 7/7/2008, Sherrie McCullough, Assistant Health Director did a follow up on the complaint and stated that the top of dumpster was down, there was a faint smell we She stated that this was the first complaint this year and it has been very hot and humid and suggested to the Ritter's that they revisit this with the BOH. Mrs. McCullough also noted that she had been to Chillingsworth on 5/9/2008 and there were no issues with the dumpster, back again on 6/18/2008 with no issues. These inspections were not based on complaints 7/8/2008 — A letter was received from Chillingsworth regarding on going complaints that the Ritter's had made. 7/17/2008 — A letter was received from Chillingsworth regarding their efforts to change the trash hauler route and take care of the dumpster issues. e------� r 7/21/2008 — An email from Robert Rabin was received which stated that the trash company had rearranged their route so that they could do an AM pick up at Chillingsworth. He stated that they had been there that morning and there was no smell at all from the dumpster. 7/11/2011 — Complaint made by JoAnn Ritter stating that they were having dumpster issues again On 7/12/2011, Sherrie McCullough, Assistant Health Director did a follow up on the complaint and stated that there were no odors detected and that the dumpster had been emptied the day before. Owner stated he will be sure to bleach the dumpster after it is emptied. 6/24/2013 — Complaint letter from Dwight &JoAnn Ritter received stating that odor was overwhelming and they wanted the Board to honor their 2007 order to have the dumpster relocated On 6/24/2013, Sherrie McCullough stated that she had received a call from Chillingsworth that they had increased the pick-up days. They understand that the dumpster lids need to stay shut. They will also speak with the trash company about washing the dumpster after emptying it. Mrs. McCullough did speak with Mr. Ritter and suggested that they come back before the Board with their complaints. 7/18/2016 —Complaint made by Dwight Ritter stating that the dumpster smells On 7/22/2016, David Sherman, Barnstable County summer inspector went out to Chillingsworth and noted that there were no odors and dumpster was shut. On 7/27/2016 a letter was sent to Chillingsworth requesting them to attend the 8/3/2016 meeting to discuss the dumpster issues. 8/16/2016 — A letter was received from Attorney John McCormick regarding the relocation of the dumpster and asking the Board to enforce its 11/6/2007 order to relocate the dumpster On 8/25/2016, Sherrie McCullough, Assistant Health Director went to do a follow up on the complaint and noted that there was no odor detected, the dumpster was not overflowing and the lids to the dumpster were A down. On 9/1/2016, Sherrie McCullough, Assistant Health Director went to do a follow up on the complaint and noted that the lids were shut, there was no odor detected and the dumpster was not overflowing. At the BOH 9/7/2016 meeting, Joann Ritter was present and spoke to the Board. She thanked them for all they have done to help and thanked Chillingsworth for doing a great job of keeping the odor and noise down for the whole month of August and September. They hope it will continue. 7/21/2019 & 7/22/2019 —Complaint letters received from JoAnn and Dwight Ritter stating that the dumpster smells and they would like the BOH to request that Chillingsworth move the dumpster 10/9/2019 Amy von Hone, Health Director spoke with the Ritter's about the ongoing situation Mrs. von Hone told the Ritter's that they would need to request to be on the agenda for the next BOH meeting to discuss the situation. 11/4/2019 -Amy von Hone, Health Director and Sherrie McCullough did a site visit at Chillingsworth They spoke with the owner who verified that the dumpster was not overflowing and there was no odor. He did mention that there was an excessive amount of discarded equipment stockpiled by the dumpster. He will be removing it with the help of his son. 11/6/2019 Dwight & JoAnn Ritter came before the BOH to speak at "Citizens Speak". The Ritter's were informed at the meeting that they would have to request to be formally on the agenda in order for the BOH to act on anything. 11/8/2019 Amy von Hone, Health Director called JoAnn Ritter to confirm if they wanted to be placed on the next agenda. JoAnn Ritter stated that they would wait until early spring since Chillingsworth will be closed for the winter. 6/3/2020 —Complaint made by Dwight &JoAnn Ritter stating that the dumpster smells (Email with pictures as well as a phone call) On 6/3/2020, Sherrie McCullough, Assistant Health Director went out and noted that the dumpster was closed and was not overflowing. She did note a slight odor. The area around the dumpster is still littered with old equipment, etc. These items were to have been removed last year. She noted that she spoke with Daniel Hurst who works at the restaurant and he stated that the trash was scheduled for pick up on Fridays. He will clean and deodorize the dumpster after it is emptied. On 6/9/2020, Sherrie McCullough, Assistant Health Director went out and noted that the dumpster had been power washed, sanitized and there was no odor detected. On 6/12/2020, Sherrie McCullough, Assistant Health Director went out and noted that the dumpster had been power washed, sanitized and no odor was detected. The items around the dumpster still had not been removed. 6/12/2020 —Email from Ritter's requesting to be on the BOH agenda to have the Board require Chillingsworth to relocate the dumpster 6/12/2020 —Letter sent to Chillingsworth requesting them to attend the July 1, 2020 (virtual) BOH meeting to discuss on-going complaints about the dumpster < co%* - 47 j VMA-� V> 0 1 ej zz� QRPOFkN%Or3 isa- 19 own of Brewster Z I Y6 IVIAIIN Z!) I I'Wt� I WSTER, MASSACHUSETTS 026314898 FAX: 508.896.4538 brhealth@, brewster�ma.gov ednesday March 18, 2020 at 5:OOPM Remote Participation Meeting )enny Hausser Holeman, MPH, MA, MS and Lucas Dinwiddie I if U n Department L von "one, IN. 19 111, Director Assistant Director r Department Assistant Carmen Scherzo - yes Lucas Dinwiddie -yes Annette Graczewski yes to Beach signs update Mrs. Graczewski stated that the beach signs had been updated to reflect the date changes. A photo was sent tickers. so Discussion and vote on having a Local Marijuana regulation Mrs. Graczewski stated that she would like to continue this until such time t BOH 3/18/2020 Minutes Page 2 thinks that the Covid-19 emergency could still be going on for a few months and didn't know if the second meeting in April would be back to a regular meeting (not remotely). Motion: Continue this discussion at a future date. Possibly April 15, 2020 Motion: Carmen Scherzo Second: Penny Hausser Holeman Vote: Penny Hausser Holeman — yes Action: Motion carried Carmen Scherzo- yes Annette Graczewski — yes Lucas Dinwiddie —yes Joe Ford -yes 6. Covid-19 Update Mrs. Graczewski told the Board that the Town Administrators Office has given information to the Board as to what steps they have taken. There is lots of information coming out every day. She thanked the Health Department Staff for all their hard work. Mrs. von Hone stated that she would like to give credit to Kathy Lambert, I.T. and Peter Lombardi, Town Administrator too, as they have been extremely helpful during all this. Mrs. Graczewski stated that the COOP plan had been shared earlier this week with the Board. KP Law has also given information to the Select Board and Board of Health information on how to handle meetings, etc. during this time. It should be noted that the Health Department is the place to get answers to questions people have about this, Mr. Dinwidde stated that he thinks people generally have a good handle on how to get information. Mr. Ford urged people to take this seriously. Mrs. Graczewski encouraged the public to look at the CDC and the Mass. Department of Public Health websites for information and also stated that the Town's website has good information also. 7. Consent Agenda • Griffiths Pond Road Real Estate Trust, Title 5 Inspection — 300' setback variance- 148 Griffiths Pond Road • Ellen Gleason, Title 5 Inspection — 300' setback variance — 136 North Pond Drive Ms. Hausser Holeman stated that she is glad that this is able to be done in a timely fashion for residents. Motion: Accept the consent agenda for 148 Griffiths Pond Road and 136 North Pond Drive Motion: Penny Hausser Holeman Second: Joe Ford Vote: Penny Hausser Holeman —yes Action: Motion carried Carmen Scherzo -yes Joe Ford —yes Lucas Dinwiddie —yes Annette Graczewski - yes BOH 3/18/2020 Page 3 8. Topics the Chair did not anticipate Mrs. Graczewski spoke about Conservation Day, which will be held this year on July 11th. She stated that last year the Board along with the County Health Department provided sunscreen information and samples and there was also a lot of information shared about septic systems. She asked for members of the Board to volunteer to help this year. 9. Liaison Reports Mrs. Graczewski stated that the WQRC had not met. Ms. Hausser Holeman provided the updated policies of the Recycling Committee regarding recycling of glass and paper. Dr. Scherzo stated that the Dog Park Development Committee had met and decided to produce a 5 year plan and budget for the dog park. Informational items were noted. Mrs. Graczewski thanked the Board. Meeting adjourned at 5:24 pm. W `�� E DER}�i9 Q X' �Y 9(p i7f r _,. oQ G 71� `-4 ORP � — = o �NC'2r'.x:axrx ryS fp19 A05r Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealthLi brewster-ma..gov W W W.BRE WSTER-MA. GOV Board of Health Meeting Wednesday April 1, 2020 at S:OOPM Remote Participation Meeting Health Department Amy L. von Hone, R.S., C.H.O. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Board members on remotely: Annette Graczewski, MT (ASCP), Chair; Carmen Scherzo, DVM, Vice Chair; Joe Ford; Penny Hausser Holeman, MPH, MA, MS and Lucas Dinwiddie Others present remotely: Amy von Hone, R.S., C.H.O., Health Director, Sherrie McCullough, R.S., Assistant Health Director, Jason Ellis, J.C. Ellis Design Co., Inc. and Mary Chaffee, Select Board Liaison 1. Chairman's announcements None 2. Citizen's Forum There was no one remotely participating but Mrs. von Hone stated that she had received an email that had been sent to the Barnstable Health Department regarding reusable plastic bags. She stated that the small stores that are located in Brewster are not using the reusable bags. They are using plastic bags that the Governor allowed in his order. 3. J.C. Ellis Design Co., Inc. —State and Local variance requests for 60 Cedar Hill Road- Patricia &James Law Mr. Ellis stated that this is currently a three bedroom dwelling which is serviced by two cesspools. Conservation Commission has approved this. He is asking for the following variances: 1. To allow the SAS to be 7' from the foundation 2. To allow the SAS to be 5' from the lot line 3. To allow the septic tank to be 5' from the lot line 4. To allow the pump chamber to be 6' from the lot line 5. To allow no reserve area 6. To allow the SAS to be 60' from the top of the coastal bank Mrs. Graczewski stated that she thought this was a significant improvement and believes it is designed in the best spot. She did ask if the installer would be using schedule 40. Mr. Ellis stated that he would be. Mr. Dinwiddie stated that it is clear from the plan that there is not a lot of room and feels it is being designed in the right spot. BOH 4/1/2020 Minutes Page 2 Motion: Finding that this is an improvement over what is there and there is limited space on the lot, approve the variances requested on the septic plan dated 3/13/2020. Motion: Joe Ford Second. Carmen Scherzo Vote: Annette Graczewski —yes Carmen Scherzo- yes Joe Ford — yes Penny Hausser Holeman — yes Lucas Dinwiddie —yes Action. Motion carried 4. Consent agenda- 345 Holly Avenue -Matt &John Anderson -Miller -Title 5 inspection, 300' pond setback variance request Dr. Scherzo stated that he disagrees with the director on groundwater flow. He believes that it is going north towards CC Bay and thinks that this should have come before the whole Board for the variance request. Mrs. von Hone stated that in reviewing the Real Estate Transfer inspection, the SAS was closer than 300' to the pond. Looking at the water table map for Brewster/Harwich, it appears that the groundwater flow is going in a northerly direction towards CC Bay and also going in an easterly direction. The Health Department's determination was based on the way the property and septic system were situated. They felt that the flow was more downgradient than up gradient. It was determined that the bottom of the leaching to groundwater was 29.5 feet. Mrs. Graczewski asked if Mrs. von Hone and Dr. Scherzo were looking at different maps. Mrs. von Hone stated that the only thing she could think of was that Dr. Scherzo was looking at the Horsley Witten maps that have not been incorporated into the Board of Health regulations yet. Dr. Scherzo stated that he believed that the Board had used/recognized these maps before and that he is very concerned with phosphorus getting into the pond. Mrs. Graczewski believes that there is a difference of opinion between Mrs. von Hone and Dr. Scherzo. Mr. Dinwiddie stated that unless this was a pressing matter maybe the Board could continue it and do some more research. Mrs. von Hone stated the owner has already received the written approval from the office. She also noted that the home is used seasonally and is 170' from the pond and that the d -box was replaced as part of the inspection. Ms. Hausser Holeman stated that she thinks it would be helpful if the Board could have a discussion on this issues in the future. Mr. Ford stated that he was comfortable with the variance having been issued by the Health Director. Motion: Finding that the system is functional and there is a 29' separation to the pond vertically and 170' horizontally, approve the consent agenda for 345 Holly Avenue. Variance applied for on 3/17/2020 and approved on 3/24/2020. Motion: Joe Ford Second: Lucas Dinwiddie Vote: Annette Graczewski — yes Action: Motion carried Carmen Scherzo — no Joe Ford —yes Penny Hausser Holeman — yes Lucas Dinwiddie — yes 5. Discuss and vote Authorization of Agent of the Board of Health This is related to the current public health emergency. This document would give Mrs. von Hone the authority to act for the Board of Health with regards to urgent matters due to the emergency. BOH 4/1/2020 Minutes Page 3 Mrs. von Hone mentioned specific examples like closing the playgrounds or golf courses. If this needed to be done quickly this would give her the authority to do that without having to wait for the Board to meet. Massachusetts General Law Chapter 111, Section 30 allows the Board of Health to appoint an agent in the event of an emergency. Mrs. McCullough stated that this is also listed in the Town's COOP plan. Ms. Hausser Holeman thinks that this would be an appropriate thing to do in light of what is going on. Dr. Scherzo asked if the Select Board had given the Town Administrator this authority. Mrs. Graczewski stated that she had not asked that question. Dr. Chaffee stated that there were several instances where the Town Administrator had to make quick decisions on the Select Board's behalf. However, most decisions that have been made have come before the Select Board. Dr. Scherzo stated that he didn't want to relinquish the Board's authority to make decisions by authorizing this and that the Health Director should be checking with the Chair with regards to decisions. Mrs. Graczewski stated that the Board would not be relinquishing their authority, just giving authority to the Health Director in case of an emergency. She also stated that the she is in constant contact with Mrs. von Hone and that she is part of most of the calls and receives the guidance documents. Motion: Authorize the Health Director to act in place of the Board of Health in emergency situation. Motion: Penny Hausser Holeman Second: Joe Ford Vote: Annette Graczewski — yes Action: Motion carried Carmen Scherzo —yes Joe Ford — yes Penny Hausser Holeman — yes Lucas Dinwiddie - yes 6. COVID-19 Discussion and update Mrs. Graczewski stated that as of 4:OOPM today, the State of Massachusetts reported 7,738 positive cases including 255 in Barnstable County. We currently have 9 confirmed cases in Brewster. State and County statistics are updated daily on the DPH website and we will provide updated local information as it becomes available. Presently all Town buildings remain closed to the public, but all departments continue to work remotely and provide services on a limited basis. Please visit the Town of Brewster website for instructions and contact information. On March 23, 2020, Governor Baker issued an order designating essential services and temporarily closed businesses that are not designated as not providing those essential services. In addition, he prohibited gatherings of more than 10 people. Yesterday, March 31, 2020, the Governor extended his order to May 4, 2020 and also designated some additional essential services and functions that were deemed necessary to promote public health and wellness in the commonwealth. He also continued to discourage any large group gatherings and encouraged continued social distancing. That March 31, 2020 order became effective today, April 1, 2020. Consistent with the Governors order, guidance issued by Commissioner Bharel from MDPH on March 24, 2020 strongly urges individuals to stay at home with the exception of essential trips, such as food and medicine and also getting some time for exercise and fresh air. Residents of Brewster are strongly encouraged to avoid unnecessary travel. Town facilities, including all our playgrounds, municipal golf courses, tennis, pickle ball, and basketball courts are closed to the public. The beaches, rail trail and parks remain open to allow the residents to do activities outdoors while remaining mindful of the social distancing protocol. In addition to extending the March 23, 2020 order, information received yesterday provided clarification of some questions that have arisen across the county relative to construction projects. The March 23, 2020 order defined construction as an BOH 4/1/2020 Minutes Page 4 essential service which may continue. Additional guidance coming out subsequent to the Governor's revised order yesterday suggested that decisions regarding construction activity may be made at the local level where concerns arise regarding a contractor's ability to adhere to the published guidelines and procedures for construction site workers. The Town of Brewster has very limited number of construction projects going on at this time. Mrs. Graczewski stated that she did check with Mrs. von Hone before this meeting and the Health Department has not received any reports to suggest noncompliance with the guidance disseminated from the Governor's office and MDPH. Mrs. von Hone is reviewing building permits and will be attaching that guidance document to permits that come through the Health Department. Additional information for construction site safety protocol are available at Mass.gov or by contacting the Health or Building Departments. Mrs. Graczewski stated that she doesn't believe that the Board needs to take any more action at this time with regards to construction sites. Dr. Scherzo spoke about the Select Board's latest meeting and Nantucket's Town Counsel speaking about construction over there. Dr. Chaffee stated that Lauren Goldberg, Town Counsel did make a general comment about Nantucket being able to restrict construction despite it being listed as essential by the Governor. Mrs. Graczewski stated that she had looked back at guidance documents from 3/23/2020 and following the dissemination of that information regarding essential services, and Dr. Scherzo is correct. Counsel did issue guidance documents explaining what that meant and she thought that the discussion by the Select Board at the last meeting didn't result in a decision but noted that more guidance would be coming out, which it did, as of yesterday. The guidance states that local Boards of Health may make a different decision where there are instances that these construction sites cannot meet public health measures that are required under the guidance that's been given to them. The Governor's office also issued additional guidance as to how the 3/31/2020 order applied to hotels, motels, inns, B & B's and short term residential rentals including those that are arranged through online postings such as Air B & B's and VRBO. This is new information. Lodging is defined as an essential service under the order when housing is offered for health care workers, first responders and other workers identified as essential workforce. Members of vulnerable population, MA Residents who are self -isolating or self -quarantining for the duration of the quarantine only. Individuals receiving medical care from a physician in MA (Specialized medical care), or an extenuating circumstance which occurs from a fire or some other casualty. Lodging for a vacation or leisure purposes is not considered essential and is prohibited under the March 31, 2020 order, through at least May 4, 2020. A copy of the complete order can be accessed on the Town's website. 7. Discussion regarding possible temporary suspension of seasonal Water Department service turn -ons On March 30, 2020 the Select Board met and discussed the question of whether or not the Water Department should continue turning water on for seasonal residents who avail themselves of this service that is offered. These are a limited number of residents who are reliant upon this service as compared to the presumptive number of second or seasonal homes. In consideration of the homeowner, who are our seasonal neighbors and contribute to our local economy, the Select Board did not recommend that the Board of Health take any action to discontinue that service currently provided by the Water Department for the remaining 350 residents who avail themselves of this service. Mrs. Graczewski stated that she agrees with the decision the Select Board made and doesn't think that the Board of Health needs to act on this. BOH 4/1/2020 Minutes Page 5 Dr. Chaffee stated that the Water Superintendent did join in at the Select Board meeting and explained that his personnel are able to take appropriate measures to protect themselves when they are doing the seasonal turn ons. They do go into homes but they request that the homeowner is not home so that there is no opportunity for interaction. The Water Superintendent is comfortable with the procedures that are in place and the outcome of the Select Board vote was 5-0 in favor of continuing the service. The Board of Health was satisfied that this service could continue with low risk to Town workers. 8. Review and approve minutes from 3/4/2020 meeting There was 1 minor change. Motion: Approve minutes with revision. Motion: Carmen Scherzo Second: Lucas Dinwiddie Vote: Annette Graczewski —yes Action: Motion carried Carmen Scherzo —yes toe Ford — yes Penny Hausser Holeman — abstain Lucas Dinwiddie — yes Informational items were noted. Meeting adjourned at 5:58. Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. CCR delivery by newspaper or postings does not meet PN requirements. PN must be directly delivered by hand, land, electronic). If you did not sell water to another community PWS skip Section C. Massachusetts Department of Environmental Protection Bureau of Resource Protection — Drinking Water Program Consumer Confidence Report Certification A. PWS Information Brewster Water Department PWS Name Brewster City /Town The community water system named above MA4041000 hereby certifies that its Consumer Confidence PWS ID# Report (CCR) was distributed to customers, Paul Anderson appropriate agencies, and notices of availability Name have been given in compliance with 310 CMR Superintendent 22.16A. Furthermore, the system certifies that Title the information contained in the report is correct 50M96-5454 and consistent with the compliance monitoring Phone # data previously submitted to MassDEP. 6/23/2020 1 certify under penalty of law that / am the person authorized to fill out this form and the informafion contained herein is true, accurate, and complete to the best of my knowledge and belief. Signature of Owner/Responsible Party or Certified Operator For calendar year 2019 B. Public Notice Certification Is this system using this CCR to provide Tier 3 Public Notice? What PN is included? Violation ❑ UCMR3 ® Other ❑ Did you have a consultation with MassDEP ? ❑Yes ®No The PN can be found on page 3 of the CCR. List other Consultation date Date of PN Occurrence ❑ I am reporting multiple Tier 3 PNs. I have listed the additional PN information at the end of this form. The public water system indicated above hereby affirms that a Tier 3 public notice has been provided within this CCR to consumers in accordance with 310 CMR 22.16(4) including: delivery, content, format requirements, notification deadlines, and that the public water system will meet future requirements for notifying new billing units and new customers of the violation. C. For Systems Selling Water to Other Community Water Systems ❑ My system delivered the applicable information required at 310 CMR 22.16A(3), to the buying systems) no later than April 1st of this year, or by the mutually agreed upon date specifically included in a written contract between the parties. D. Annual Cross Connection Education Is this CCR being used for your system's annual cross -connection education? ® Yes If no, what methods did you use to meet your annual CCCP requirements (citation)? Continued on next page Rev 5-16 Page 1 of 3 LL Hosting, distribution E. Consumer Delivery Methods - Based on Population Served (posting, land or e -delivery, publication, and For systems serving fewer than 500 persons: good faith efforts) (Choose #1 or #2) Date of delivery/publication must be ❑ 1. My system used one or more of the following methods to notify customers that the CCR would not completed on . be mailed direct) to them but is available to them upon request, A co of the notice is attached before July 1 Y p q ( copy )• ❑ Land mail ❑ Door-to-door ❑ Newspaper ❑ eMail ❑ Post notices When email is used for delivery, any returned emails must be redelivered by land delivery ideally within 3 days but before July 1. Instructions for customers to request a hard copy must also be included in e -delivery. When a URL is used it must be a direct link to the document. Locations of posted notices ❑ 2. My system provided a copy of the CCR to each customer by the following methods(s): ❑ Published the full CCR in a local newspaper (the published report is attached). ❑ Land mailed orhand-delivered the CCR to consumers. ❑ eMailed with PDF of CCR or ❑ eMailed with embedded CCR (email is attached) ❑ Posted the CCR on the web and sent the direct URL to customers by way of mail or email (notice is attached). List URL For systems serving between 500 and 9,999 persons: (Choose 41 or #2) Date of delivery/publication ❑ 1. My system provided a copy of the CCR to each customer by ❑ Land mail ❑ eMail with PDF ❑ eMail with embedded CCR ❑ Land mailed or ❑eMailed a notice of availability of the CCR with a direct URL List the URL if used. - ❑ 2.My system provided the CCR to each customer by publishing the full report in a newspaper (a copy of the published CCR is attached) and provided notice to consumers of this action by either: ❑ Published a notice of this in a local newspaper ❑ Land mailed a notice of this to consumers. ❑ e -Mailed a notice of this to consumers. For systems serving 10,000 or more persons: 6/23/2020 Date of delivery/publication ® My system provided a copy of the CCR to each customer by: ❑ Land mail ❑ eMail with PDF ❑ eMail with embedded CCR ® Land mailed or ❑ eMailed a notice of availability of the CCR with a direct URL ccr. brewster-ma. g ov List the URL if used. ❑ In addition to one of the delivery methods checked above, my system serves greater than 100,000 persons and, as required, has posted the CCR on a publicly accessible Internet site: www. List the URL used — _- F. Good Faith Delivery Methods (minimum of 3 is required) To reach people who drink our water but are not billed customers the following were conducted in addition to the required delivery: ® Posted the CCR on a publicly accessible Internet site at the following address. (Only for systems under 100,000 population who did not use this method as their primary method) www.brewster-ma.gov List the URL used. ❑ Mailed the CCR to all postal patrons within the service area (list of zip codes used is attached). Rev 5-16 Page 2 of 3 ❑ Mailed a postcard listing the URL where the CCR can be found, to all postal patrons within the service area (list of zip codes used is attached). www. List the URL used. ® Advertised availability of the CCR in the following news media (the announcement is attached): ❑ Radio ❑ Newspaper ® Television / cable ❑ Social media ❑Digital signboard ❑ Published the CCR in local newspaper (the published CCR is attached). ® Posted the CCR in public places i.e., post office, town hall, library (a list of locations is attached). ® Delivered multiple CCR copies to single -bill addresses serving several persons i.e., apartments, businesses, large private employers (a list of locations is attached). ® Delivered multiple CCR copies to community organizations (A list of organizations is attached.) ® Posted the CCR or a notice of availability at locations within the apartment/condo complex (list of the locations is attached). El Other G. Mandatory Agency Delivery Requirements Agencies and ® 1. Delivered 1 copy of CCR and the Certification Form to local board of health. 6/26/2020 consumers must (Contact your board of health as to whether they would prefer land or e -delivery Date completed receive CCR on or of CCR.) before July 1. ® 2. Delivered 1 -copy of CCR and the Certification Form to MA Dept. of Public 6/23/2020 Health. Date completed When emailing, p scan documents ❑ Hardcopy to: 250 Washington St.; Boston, MA 02108 or into 1 PDF file. ® PDF emailed to: dph. ccr(a)massmai1.state, ma, us Make sure Cert form is the first ® 3. Delivered 1 -copy of CCR, the Certification Form, and all the attachments 6/23/2020 page, check -marked in this form to the MassDEP Boston Office at: Date completed ❑ Hardcopy to: CCR Program, 1 Winter St. -5th FI.; Boston, MA 02108 or ® PDF emailed to: Program.Director-DWK( state, ma. us. ❑ 4. If not emailed to the MassDEP Boston Office, delivered 1 -copy of CCR, the Certification Form, and all the attachments check -marked in this form to your Date completed MassDEP regional office at: Only one email is ❑ Hardcopy to: MassDEP-WERO; Statehouse West 4th Floor; 436 Dwight necessary. If the Street.; Springfield, MA 01103 CCR is e -delivered to the Boston office ❑ Hardcopy to: MassDEP-CERO; 8 New Bond St; Worcester, MA 01606 it will also be ❑ Hardcopy to: MassDEP-NERD; 205-B Lowell St.; Wilmington, MA 01887 accessible to the ❑ Hardcopy to: MassDEP-SERO; 20 Riverside Dr.; Lakeville, MA 02347 regional office as well. No need to e- deliver to regional office. Rev 5-16 Page 3 of 3 Brewster Water Department 2019 Annual Water Quality Report Dear Customer: We are pleased to present a summary of the quality of the water provided to you during the past year. The Safe Drinking Water Act (SDWA) requires that utilities issue an annual "Consumer Confidence" report to customers in addition to other notices that may be required by law. This report details where our water comes from, what our tests show about it, and other details you should know about your drinking water. The Brewster Water Department is committed to providing you with the highest quality and most reliable water supply possible. Informed consumers are our best allies in maintaining safe drinking water. Please read this report carefully. If you have questions about this report, please call 508-896-5454 and ask for Paul Anderson, Superintendent or Robert Crowley, Water Treatment Operator, The Brewster Water Department Public Water System identification number (PWS ID#) is MA4041000. The Brewster Water Department offices are located at 165 Commerce Park Road, Brewster, MA 02631. The phone number is 508-896-5454 and the Fax number is 508-8964517. You can find out more about the Brewster Water Department on the internet at the Town of Brewster web site, www.town.brewster.ma.us_ We encourage public interest and participation in the Brewster Water Department. Water Commissioners' meetings generally occur once a month at the Water Department Office. Meeting notices are posted at the Town Hall and are available at the Water Department office. For up-to-date meeting times and dates, please call the Department. The public is always welcome. The Town has five groundwater wells pumping water from the Monomoy Lens. YOU'RE WATER SOURCE The Monomoy Lens is one of the six groundwater lenses that make up the Cape Cod Sole Source Aquifer. Each of the well sites has large Town owned tracts of land surrounding them for water quality protection. Activity is restricted to passive recreation on Town wellfield acreage. Wells #1 & #2, located near Route 6, south of Freeman's Way, were constructed in 1971 and are about 76 feet deep. Well #3, near Route 6, north of Freeman's Way, was built in 1986 and is about 90 feet deep. Well #4, at the north edge of the Punkhorn Parklands, off Run Hill Road, was built in 1991 and is about 101 feet deep. Well 6 (the 51" well site) is in the southern Punkhorn area and construction was completed in 2013. It is approximately 121 feet deep and is currently providing water to Brewster residents. The Town treats the water for corrosion control and to remove iron and manganese. See page 5 & 6 for more about our treatment facilities. SOURCE WATER ASSESSMENT and PROTECTION (SWAP) REPORT A Source Water Assessment was completed in Brewster in 2003 by members of the Department of Environmental Protection (DEP), Drinking Water Program (DWP). A Source Water Assessment and Protection (SWAP) Report has been issued and contains an evaluation of the land uses, environmental vulnerabilities and protection measures around the wellfield areas of the Town. This report rates the susceptibility of the well sources, and gives recommendations for improvement in aquifer protection and other areas that affect groundwater quality. The susceptibility of the Town's wells, as determined during the Assessment, is as follows: Wells # 1-31 High; Well #4 and #6 Moderate. While these assessments are serious, the reason for the determination is the lack of underground or geological formations, such as a clay layer, that would create a hydrological barrier to possible contamination. This is not a new issue for a good part of Cape Cod, due to the sand and gravel make-up of the Cape. The Town has wellhead protection regulations and a Groundwater Protection District in place to oversee land use within that District. The report cites land uses in Brewster's Zone II areas, as "dominated with forest with smaller areas of residential use (approximately 7%) and a very small percentage of commercial and industrial land use." There are recommendations for further action and planning in each area of the report. Some of the recommendations include land acquisition, additional monitoring, public education and outreach for source protection and storage, handling and disposal of hazardous materials. Residents can help protect our water quality by practicing good septic system maintenance and properly disposing of household hazardous waste through Brewster's Hazardous Waste Collection Program. Contact the Brewster Health Department (508-896-3701, ext. 120) or the Brewster Water Department (508-896-5454) for information on these topics. The report is available for viewing at the Commerce Park Road Water Department offices and a copy has been placed at the Brewster Ladies Library, The Department is also placing the scanned report on the Department web page of the Town's website, www.town.brewster.ma.us -1- Brewster Water Quality Data Table Compiled January 5, 2020, for the reporting period of January 15t to December 31St, 2019. Key - definitions to abbreviations used below are found on page #3. MCL MCLG Possible source(s) of contamination: Violation month/N) Sampled Total Monthly Exceed AL Coliform in >5% MCLG Possible Source of Contamination Y/N coliforml 2019 1 of monthly samples 0 Naturally occurring in the environment NO Date Taken 30 ppb Microbiological Contaminants # Sites Unit Collection Highest # Positive Violation Contaminant Samples in a date MCL MCLG Possible source(s) of contamination: Violation month/N) Sampled Total Monthly Exceed AL Coliform in >5% MCLG Possible Source of Contamination Y/N coliforml 2019 1 of monthly samples 0 Naturally occurring in the environment NO Date Taken 30 ppb 2.9 0 Lead and Copper Contaminant # Sites Unit 90th # Sites MCL Range Major Sources Violation Contaminant Sampled Unit percentile Exceed AL (AL) MCLG Possible Source of Contamination Y/N Lead' 2/12/19 Date Taken 30 ppb 2.9 0 AL=15 0 Corrosion of household plumbing NO 9/10/2017 8/14/19 pp b 80 n/a 13.9 22,0 systems; Erosion of natural deposits. NO Copper 11/5/19 Corrosion of household plumbing systems; Date Taken 30 ppm 0.038 0 AL=1.3 1.3 Erosion of natural deposits; Leaching from NO 9/10/2017 5/14/19 8/14/19 ppb 60 n/a 1.4 0 — 3.2 wood preservatives. NO Radioactive Contaminants Contaminant Date Unit I MCL MCLG Level Range Major Sources Violation 11/5/19 Tested Found Y/N Combined PC'/ Free Radium 9/9/14 L 5 pCi/L 0 0.37 0-0.37 Erosion of natural deposits NO Volatile Or anic Contaminants Contaminant Date Unit MCL MCLG Level Range Major Sources Violation Tested Found Y/N Tetr y hlo zo- 2/11/19 ppb 5 0 070 ND— Leaching from vinyl lined pipes. See NO eth lene . 0070 additional information below this table. Inorganic Contaminants Contaminant Date Unit MCL MCLG Level Range Major Sources Violation Tested Found Y/N Asbestos 5/5/2013 MFL 7 MFL 7 MFL <0.19 0-<0.19 Decay of asbestos cement water mains; NO Erosion of natural deposits Barium 3/11/14 ppm 2 na 0.006 0-0.006 Discharge of drilling wastes; discharge from NO metal refineries; erosion of natural deposits Manganese 6/22/18 ppb 50 na 23 0-23 Erosion of natural deposits NO (SMCL) Runoff from fertilizer use; Leaching from Nitrate 1/28/19 ppm 10 10 0.6 ND — 0.6 septic tanks, sewage; erosion of natural NO deposits. Disinfectants/Disinfection B products Unregulated Contaminant Date Tested Unit MRDL MRDLG Results3 Range Major Sources Violation Y/N Total 2/12/19 Trihalo- 5/14/19 3.3— Natural sources; runoff from use as salt on methanes 8/14/19 pp b 80 n/a 13.9 22,0 B By-product of drinking water chlorination NO (TTHMs) 11/5/19 Wells #1-3 Haloacetic 2/12/19 Well #4 Acids 5/14/19 8/14/19 ppb 60 n/a 1.4 0 — 3.2 By-product of drinking water chlorination NO (HAAS) 11/5/19 Chlorine Monthly Free 2019 ppm 4.0 4.0 0.29 0-0,29 Water additive used to control microbes n/a Contaminants Contaminant Date Tested Unit SMCL ORSG Result or Detected Range Possible Source Violation Y/N Natural sources; runoff from use as salt on Sodium 1/11/17 ppm n/a** 20 20 9.1-20 roadways; by-product of treatment process n/a Wells #1-3 Well #4 Sulfate 7/30/19 ppm 250 ---- 15 6.8-15 Natural sources n/a Bromodichlo Date Collected Result or Range of Detected Average Detected Bromochloroacetic Acid (ppb) 3/26/18 0.44 0.27 -romethane 1/28/19 ppb na na 2,9 0-209 By-product of drinking water chlorination n/a Contaminant Date Tested Unit SMCL ORSG Result or Detected Range Possible Source Chromium (ppb) Violation 0.29-0.39 0.34 Chromiun/Hexavalent (ppb) 4/28/14 0.15-0.26 0.19 Y/N C ro -momethane omethane 1/28/19 ppb na na 3,5 0-3.5 By-product of drinking water chlorination n/a Chloroform 1/28/19 ppb n/a** n/a** 2.4 0-2,4 Naturally present in the environment. Also n/a analyzed for in TTHMs Volatile Contamina nts Contaminant Date Tested Unit MCL MCLG Level Found Range Major Sources Violation Y/N Xylenes 3/15/13 ppb 10 10 3.1 0-3.1 Discharge from petroleum factories; Discharge from chemical factories n/a 2014 & 2018 UCMR Unregulated Contaminant Test Results: Unregulated Contaminant Date Collected Result or Range of Detected Average Detected Bromochloroacetic Acid (ppb) 3/26/18 0.44 0.27 Dibromoacetic Acid (ppb) 3/26/18 1.2 0.82 Bromide (ppb) 3/26/18 57.5 27,22 Strontium (ppb) 4/28/14 15.3-44.1 19.7 Vanadium (ppb) 4/28/14 0.067-0.80 0.50 Chromium (ppb) 4/28/14 0.29-0.39 0.34 Chromiun/Hexavalent (ppb) 4/28/14 0.15-0.26 0.19 Water -Quality Table Footnotes 1. See paragraph on this contaminant on page 4. 2. See paragraph on this contaminant on page 5. 3. This Results column represents the highest concentration upon which the system's compliance is based, not necessarily the highest concentration found. * Data presented is from the most recent testing done in accordance with the regulations. Most of the data presented in this table is from the reporting year. We monitor for some contaminants less than once per year, under DEP reduced monitoring requirements, because concentrations for those contaminants are not expected to vary significantly from year to year. As a result, some of our data, though representative, is more than a year old. For those contaminants, the date of the last sample is shown in the table. ** Unregulated contaminants are those for which EPA has not established drinking water standards. The purpose of unregulated contaminant monitoring is to assist EPA in determining their occurrence in drinking water and whether future regulation is warranted. Water Quality Data Table and Definitions The water quality information presented in the table is from the most recent round of testing done in accordance with State and Federal regulations. All data shown is based upon tests conducted in the year 2019 unless otherwise noted in the table. The Department of Environmental Protection (DEP) has granted the Brewster Water Department reduced monitoring requirements for Synthetic Organic Contaminants (SOC) and Inorganic Contaminants (IOC) because the sources have shown not to be at risk for contamination. The last full sampling for IOC and SOC was in 2011. DEFINITIONS Maximum Contaminant Level or MCL: The highest level of a contaminant in drinking water. MCLS are set as close to the MCLGs (see below) as feasible using the best available treatment technology. Maximum Contaminant Level Goal or MCLG: The level of a contaminant in drinking water below, which there is no known or expected risk to health. MCLGs allow for a margin of safety. Action Level (AL) - The concentration of a contaminant that, if exceeded, triggers treatment or other requirements, which a water system must follow. -3- Frs per million (ppm) or Milligrams per liter (mg/L) - One part per million corresponds to one minute in two years or a Single penny in $10,000. Parts per billion (ppb) or Micrograms per liter (Ng/L) - One part per billion corresponds to one minute in 2,000 years, or a single penny in $10,000,000. PicoCuries per liter (pCilL) - PicoCuries per liter is a measure of the radioactivity in water Maximum Residual Disinfectant Level (MRDL) -- The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants. Maximum Residual Disinfectant Level Goal (MRDLG) -- The level of a drinking water disinfectant (chlorine, chloramines, chlorine dioxide) below which there is no known or expected risk to health. MRDLG's do not reflect the benefits of the use of disinfectants to control microbial contaminants. Non -Detects (ND) -Laboratory analysis indicates that the constituent is not present. MFL- Million Fibers per Liter Treatment Technique (TT) — A required process intended to reduce the level of a contaminant in drinking water. 90t1' Percentile: Out of every 10 homes, 9 were at or below this level. Secondary Maximum Contaminant Level (SMCL) These standards are developed to protect the aesthetic qualities of drinking water and are not health based. Massachusetts Office of Research and Standards Guideline (ORSG) This is the concentration of a chemical in drinking water, at or below, which adverse health effects are unlikely to occur after chronic (lifetime) exposure. If exceeded, it serves as an indicator of the potential need for further action. ___---�-= �-�-� What does all this mean? This report shows our water quality and what it means. The Brewster Water -'- Department routinely monitors for contaminants in your drinking water according to Federal and State laws. We have learned through our monitoring and testing that some contaminants have been detected. The Department takes hundreds of samples for over 100 contaminants in our drinking �-, g w ater. Space does not allow listing all constituents here. All regulated or unregulated contaminants with sampling requirements that do not appear in the Water Quality Data Table were reported as "below the detection limit" or non-detectable (ND). A complete listing of all sampling results is available at the Water Department Office, 165 Commerce Park Road, Brewster, MA 02631. IMPORTANT INFORMATION Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno -compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice from their health care providers. EPA/Centers for Disease Control and Prevention (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline, 14004264791. Environmental Protection Agency Drinking Water Hotline 1-800-426-4791 In order to ensure that tap water is safe to drink, the Department of Environmental Protection (DEP) and U.S. Environmental Protection Agency (EPA) prescribe regulations that limit the amount of certain contaminants 11 water provided by public water systems. The Food and Drug Administration (FDA) and Massachusetts Department of Public Health (DPH) regulations establish limits for contaminants in bottled water that must provide the same protection for public health. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contamination. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA's Safe Drinking Water Hotline, 1-800-4264791. ADDITIONAL HEALTH INFORMATION Sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally -occurring minerals, and in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include: Microbial contaminants, such as viruses and bacteria may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife. Inorganic contaminants such as salts and metals can be naturally -occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, and farming. - 4 - Pesticides and herbicides, may come from a variety of sources such as agriculture, urban stormwater runoff,an residential uses. Organic chemical contaminants, include synthetic and volatile organic chemicals that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems. Radioactive contaminants can be naturally occurring or be the result of oil and gas production and mining activities. Maximum Contaminant Levels: (MCL's) are set at very stringent levels. The EPA has determined that your water IS SAFE at these levels. To understand the possible health effects described for many regulated constituents, a person would have to drink 2 liters of water every day at the MCL level for a lifetime to have a one -in -a -million chance of having the described health effect. Total Coliform detections: No maximum contaminant levels or other health standards were exceeded in any month in 2018. The Department took 435 bacteria samples in 2019 at representative locations throughout the town at regular intervals to monitor this aspect of water quality; 384 samples are required by regulation. Lead: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The Brewster Water Department is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www. epa. gov/safewater/lead. Tetrachloroethylene: Detections occur where vinyl lined water mains were installed in the 1970'3. Vinyl -lined, asbestos - cement pipe was used in a number of subdivisions until the compound was detected in 1979. Brewster, along with other Massachusetts towns with similar piping, flushes and monitors under a DEP approved program to deal with the problem. There are 6.3 miles of the affected pipe in Brewster's 126 mile water distribution system. All locations have bleeders to control the level of the contaminant. The samples are taken after the last service on each street. This gives the "worst case scenario" for contaminant concentration. Most homes served by these pipes should be well below reported levels. For specific area sample results, please call the Brewster Water Department. The following locations are served by affected pipe and had detections in ranges noted in the data table, page 2: Nathan's Pasture Way. The following streets had non-detectable results: Ambergris Circle -West, Ambergris Circle -East, Damon Road, Woodstock Drive, Bog Pond Road, Bridle Path Road, Carriage Drive, Great Fields Road -from Pine Bluff Road north to end of the water main, Harmony Lane, Highridge Road, John Wings Lane, Linda Circle, Oakwood Road, Pleasant Court, Wagon Wheel Lane, Whiffletree Avenue, Wynn Way, Gages Way -North, Puritan Drive, Stonehenge Drive. Unregulated contaminants: Those for which EPA has not established drinking water standards. The purpose of unregulated contaminant monitoring is to assist EPA in determining their occurrence in drinking water and whether future regulation is warranted. Sodium: Sodium -sensitive individuals, such as those experiencing hypert ension, kidney failure, or congestive heart failure, should be aware of the sodium levels where exposures are being carefully controlled. Total Trihalomethanes (TTHM): Some people who drink water containing trihalomethanes in excess of the MCL over many years experience problems with their liver, kidneys, or central nervous systems, and may have increased risk of getting cancer. Brewster did not exceed the MCL for these contaminants. The only Volatile Organic Compound detected and reported this year is Chloroform, naturally occurring in most Cape Cod groundwaters. Haloacetic Acids(HAA5): Some people who drink water containing haloacetic acids in excess of the MCL over many years may have increased risk of getting cancer. Brewster did not exceed the MCL for these contaminants. WATER TREATMENT Iron &Manganese Removal (oxidation and filtration) Iron and manganese are often present in groundwater at levels that can discolor unpleasant odors or tastes. Even though the water may still be safe to drink, be removed. the water or cause it to take on it is preferable that the iron and manganese The Greensand Filtration Facility is designed to remove iron and manganese pumped from Well #4, located off Run Hill Road. Treatment includes the use of sodium hypochlorite, a liquid chlorine solution, for oxidation of the minerals. This causes the iron and manganese to form tiny particles. Once this happens, the water passes through special filters consisting of material that is specifically designed to capture iron and manganese particles. Over time, filters start to clog and need to be cleaned using a high-flow backwash process. -S - diurn hypochlorite is also used as a disinfectant required for water filtration processes treating the finished water to a concentr a °n of 0n sto 0.6 pary free chlorine. Potassium permanganate is used periodically to activate the filter media when reg Corrosion Control through pH Adjustment Many drinking water sources in New England are naturally corrosive (i.e. they have a pH of less than 7.0). So, the water they supply has a tendency to corrode and dissolve the metal piping it flows through. This not only damages pipes but can also add harmful metals, such as lead and copper, to the water. For this reason it is beneficial to add chemicals that make the water neutral or slightly alkaline. This is accomplished by adding any one or a combination of several approved chemicals. The Brewster Water Department adds hydrated lime at two Lime Treatment Facilities located near Wells #1 & 2, and Well #3. Potassium hydroxide is used in place of hydrated lime at Well #4, for pH adjustment and corrosion control of this water source. Testing throughout the system has shown that this treatment has been effective at reducing the lead and copper concentrations. Unregulated Contaminants are those that don't yet have a drinking water standard set by US Environmental Protection Agency. The purpose of monitoring for these contaminants is to help US EPA decide whether the contaminants should have a standard. American Water Works Facts Sheets are available at htti)://www.drinktar).org/home/water- info rmation/water-q ua I ity/ucm r3. aslpx, Sodium hypochlorite, also added to the water at these facilities, as a preventative disinfectant, during system flushing. This chemical is added at a concentration of approximately 0.6 ppm free chlorine for approximately 6 weeks each spring and fall and in the summer as needed to ensure safe drinking water. All chemicals used for treatment are approved for water treatment by one of the following organizations: National Sanitation Foundation (Now known as NSF International), or UL, both accredited by the American National Standards Institute (ANSI). The chemicals also meet performance standards established by the American Water Works Association, THIS REPORT This report was prepared using information and material supplied by The Department of Environmental Protection, National Rural Water Association and New England Water Works Association. As a regulatory requirement, much of the form, information and language are mandated. We would appreciate it if you would let us know if you found the report readable and understandable. Any helpful comments will be appreciated. We will do our best to improve what can be adjusted or modified. We are always happy to answer any questions about the Brewster Water Department and our water quality. For information, call 508-896-5454. Also visit the Town of Brewster web site at: www.town.brewster.ma.us for general and Department specific information. We're proud of the quality of your drinking water. The water quality meets all Federal and State requirements. Should you, as a Brewster Water consumer, or someone you know have difficulties with sight or understanding English, please contact this office and we will make arrangements to have the report read or translated. nn�n w The Commonwealth of Massachusetts has very specific laws requiring licensed Drinking Water Supply Operators for water systems providing drinking water to the public. This certification is obtained by passing tests and meeting experience and training requirements. Operators must also complete continuing education requirements to retain this license. Brewster currently has nine staff members with varied levels of Drinking Water Supply Facilities Operator Certificates. The employees of the Brewster Water Department work diligently to provide top quality water to every consumer's tap. We ask everyone's help in conserving and protecting our water resources. Thank you! PROTECT YOUR DRINKING WATER FROM CROSS CONNECTIONS A cross connection occurs whenever a potable drinking water line is directly or indirectly connected to a piece of equipment or piping containing non -potable water. In the event of a backflow incident, through either backpressure or back -siphonage, an unprotected cross connection in your home could cause the water system within your home and also within the water distribution system in the street to become contaminated. The outside water tap and garden hose tend to be the most common cross connection in the home. The garden hose becomes a hazard when connected to a chemical sprayer for weed killing and fertilizer applications. This cross connection can be easily protected by purchasing a small device known as a vacuum breaker. Vacuum breakers can be purchased at your local hardware store and are very inexpensive and easy to install. The vacuum breaker should be installed on all your outside faucets. Other potential cross connections can occur on lawn irrigation systems and fire protection systems. For more information on cross connections, please feel free to contact the Brewster Water Department. -6- Hazardous Waste Collection 2020 —� The tri -town hazardous waste collection program, which also includes the towns of Harwich and Chatham, will continue for 2020. The tentative Saturday collection dates for this year are: May 9th, June 13th, July 11th, August 8th, September 12th, and October 10th. Collections are from 9 AM to 12 Noon at the Harwich Transfer Station, 209 Queen Anne Road. There is no fee for residents and taxpayers of participating towns. Thanks to the Town of Harwich and Harwich Transfer Station staff for hosting this great activity!! For more info call Barnstable County Hazardous Materials Program (508) 375-6699 2020 Summer Annual Voluntary Irrigation Restriction Schedule June 15th through Labor Day: Residential: Even numbered houses water on even numbered days. Odd numbered houses water on odd numbered days. Commercial, Condominium and Municipal: Assigned odd or even in writing by the Water Dept. This is not a directive to water every other day. When irrigation is needed. please follow the voluntary schedule above. Lawn irrigation is a significant part of our water demand during the summer months. Proper irrigation techniques conserve water and save you money. There are a number of easy steps to take that will help control water use. If you have an automatic lawn sprinkler system make sure it has a moisture sensor that is working to avoid unnecessary watering. Use a rain gauge or cat food can to monitor the amount of water you are applying to the lawn. A good soaking once or twice a week totaling about an inch of water should be sufficient. Adjust your watering if necessary to achieve this goal. Cut the lawn higher to promote deeper roots and to help prevent weeds. Keeping mower blades sharp limits grass blade damage which leads to disease and stress. A healthy grass needs less water!! -7- PLEASE REMEMBER TO: WRITE YOUR ACCOUNT NUMBER ON YOUR CHECK. IF PAYING FOR MULTIPLE PROPERTIES SUBMIT INDIVIDUAL CHECKS. Additional Contact Information: In the event of an emergency at your property, the Brewster Water Department may share your contact information with the Brewster Police and Fire Departments. Your information is not available to the public. Phone: Email: BREWSTER WATER DEPARTMENT 165 Commerce Park Road Brewster MA 02631 Office hours are Monday through Friday 7:30 AM —4:00 PM WATER BILLS ARE MAILED TWICE A YEAR BASED ON THE BILLING PERIODS OF JANUARY—JUNE and JULY— DECEMBER. FEES &CHARGES The Brewster Water Commissioners are in full support of the continuing efforts of the town to purchase vacant land within critical drinking water protective areas. It is in the spirit of this progressive planning that a portion of revenue collected from water rates will be set aside for future land purchases. WATER RATES: Effective January 1 2016 WATER USAGE: Step 1: $2.27 per 1,000 gallons from 0 to 5,000 gallons of usage per billing. Step 2: $4.86 per 1,000 gallons over 5,000 gallons of usage per billing. SYSTEM MAINTENANCE FEE - based on meter size: 5/8" or 3/4" $ 60.00 per billing. 1" $ 115.00 per billing. 1 %2" $ 145.00 per billing. 2" $ 175.00 per billing. 3" $ 225.00 per billing. Please note: The System Maintenance Fee is a minimum charge regardless of water consumption. The purpose of this minimum charge is to recover the costs associated with the daily operation of the department. FIRE LINE FEE: 2" Line $80.00 per billing 4" —8" Line $160.00 per billing SEASONAL FEE: Call-in appointment: $25.00 per removal or install service Balance must be paid in full for seasonal turn on. Billing statements with estimated or zero usage indicate some type of equipment malfunction. Please contact the water department as soon as possible to have meter checked or changed out. Owners will be responsible for all usage. Payment Plans: Previous balance must be paid in full, must be established shortly after billing statements are mailed out and will be divided into as many months possible up to 6 months. See website for details under FAQ section. PAST DUE ACCOUNTS: A 14% annual interest charge is applied on or after the 15" of each month to past due accounts after 45 days of bill issuance. To avoid missed payments and late fees register your account through the Brewster Water Department website at the following URL: payments. brewster-ma.gov. COMPLETE RATES, REGULATIONS &SERVICES ARE AVAILABLE AT THE WATER DEPARTMENT OFFICE AND ARE SUBJECT TO CHANGE BY VOTE OF THE WATER COMMISSIONERS. In an effort to conserve postage, the Annual Brewster Water Depart ment Consumer Confidence Report is now available online at the following URL: ccr.brewster-ma.gov. Cynthia Barren Susan Brown Doug Wilcock William Porter Board of Water Commissioners TOWN OF BREWSTER WATER DEPARTMENT Posted on Town Web site and on Community Access Channel: U L� r Paul Anderson Superintendent In an effort to conserve postage, the 2019 Brewster Water Department Consumer Confidence Report is now available online at the following URL: ccr.brewster-ma.gov A copy can be obtained at the Brewster Water Department located at 165 Commerce Park as well as at the following locations: Town Hall, Ladies Library, Fire Department, Police Department, Council on Aging, Brewster Green Clubhouse, Ocean Edge Mansion, Ocean Edge Fitness Center, The Woodlands, Maplewood at Brewster, Kinlin Grover Sales and Rentals, Leighton Realty, Old Cape Sotheby's International, Old Sea Pines Inn. Seth Ritchie Promotion 165 Commerce Park Rd BREWSTER, MA 02631 508-896-5454 FAX 508-896-4517 Massachusetts Department of Environmental Protection Drinking Water Program Public Notification Make sure to send your regional office of the DEP Drinking Water Program and local Board of Health a copy of each type of notice and a certification that you have met all the public notice requirements within ten days after issuing the notice (310 CMR 22.15(3)(b)). When you certify, you are also stating that you will meet future requirements for notifying new units of the violation. PWS ID: 4041000 City/Town: Brewster PWS Name: Brewster Water Department E Community ❑ Non -community Purpose: Violation ❑ or UCMR3 Describe: Occurring on: 6/26/2018 Dates of violation or dates of UCMR sampling The public water system indicated above hereby affirms that public notice has been provided to consumers in accordance with 310 CMR 22.16 including: delivery, content, format requirements, notification deadlines and that the public water system will meet future requirements for notifying new billing units and new customers of the violation. ❑ Consultation with DEP on date ® Notice distributed by CCR on 6/23/2020 and website on 6/23/2020 method date method date Icertify under penalty of law that I am the person authorized to fill out this form and the information contained herein is true, accurate and complete to the best of my knowledge and belief. 6/23/2020 Paul Anderson date me C7�� Signature of owner or operator Rev. June 2015