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Home My Public Portal About2020 07 21 Public Meeting Packet7/1/2020 DRAWN BYCHECKED BYPROJECT NO. OF SHEETSPROJECTSCALEDATEDRAWING FILESHEET TITLEDATESEALNO.REVISIONBYKEY MAPNO SCALEBREWSTER, MAELEVATIONS SHOWN HEREON AREBASED ON THE NORTH AMERICANVERTICAL DATUM OF 1988 (NAVD 1988)DATUM:F:\SDSKPROJ\C15000\C15967\C15967-00\C15967-C3Dapril2020.dwg 6/29/2020 11:17 PMPLAN1 inch = 10 ft.10 5 0 10 30FLOOD ZONE:FLOOD ZONE X AS SHOWN ON FEMAFIRM PANEL #25001C0601J REVISED7/16/2014.ASSESSORS MAP 26, PARCEL 57PLAN BOOK 450, PAGE 94REFERENCE:SUZANNE M. SULLIVAN62 RIDGEWOOD DRIVE BREWSTER, MAC15967.00C2.1.11 1AS NOTED6-30-2020BPMDJMOVERALL PLAN1 inch = 100 ft.100 50 0 100 300MAIN ST. - RTE 6AA.P. NEWCOMB RDRIDGEWOOD DRLOCUSPROJECT SCOPE:•EXTEND EXISTING DECK & ADD STEPS TO GARAGE-SIDE OF DECK•EXISTING DECK FRAME TO REMAIN•REPLACE DECKING WITH AZEK (OR SIMILAR) & RAILS WITH SS CABLES•INSTALL DRY-LAID STONE PATH TO 2 DOORWAYS•INSTALL BACKUP GENERATOR & PROPANE TANKMITIGATION SUMMARY:•DECK AND WALKWAYS: 90± SF + 96± SF = 186± SF•LAWN TO BECOME NATURALIZED BUFFER: 200± SF wpaform9a.doc • rev. 7/14/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 – Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: A. Violation Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. This Enforcement Order is issued by: Town of Brewster Conservation Commission (Issuing Authority) 7/14/2020 Date To: Maurice & Jennifer Wiley Name of Violator 65 Damon Road, Brewster, MA 02631 Address 1. Location of Violation: Property Owner (if different) 65 Damon Road Street Address Brewster City/Town 02631 Zip Code 53 Assessors Map/Plat Number 22 (formerly 35/78) Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Clearing of vegetation within 50 feet of wetlands without a permit, in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc • rev. 7/14/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 – Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: B. Findings (cont.) the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) The Order of Conditions expired on (date): Date The activity violates provisions of the Certificate of Compliance. The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. A restoration plan shall be filed with the issuing authority on or before Date for the following: The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc • rev. 7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 – Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: C. Order (cont.) Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. The property owner shall take the following action (e.g., erosion/sedimentation controls) to prevent further violations of the Act: The property owner shall place a siltation fence with staked haybales/straw wattles at the edge of the clearing. The siltation barrier shall be removed only after any threat of erosion no longer exists, and all disturbed areas are stabilized by vegetation. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: “Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation”. Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Noelle Aguiar, Conservation Administrator Name 508 896 4546 ext 4242 Phone Number Monday - Friday Hours/Days Available Issued by: Town of Brewster Conservation Commission Conservation Commission signatures required on following page. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: .lJad211- CL.ciALL€LA Signature of delivery person or certified mail number wpaform9a doc • rev 7/14/04 Page 4 of 4 TOWN OF BREWSTER 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 FAX:(508)896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION ATTACHMENT TO ENFORCEMENT ORDER July 14, 2020 Maurice & Jennifer Wiley VIA CERTIFIED MAIL # 7009 1410 0000 3060 65 Damon Road Brewster, MA 02631 RE: Clearing of vegetation within 50 feet of wetlands in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. The property involved in the violation is 65 Damon Road, Brewster, Assessors Map 53, Parcel 22 (formerly 35/78). Enclosed is an Enforcement Order for activities in violation of the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Non-compliance with the requirements stated herein is punishable by fines of not more than $25,000 or by imprisonment for not more than two years or both, as provided under M.G.L. c. 131, §40; and fines of not more than $300 per offense as provided under Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the By-law, regulations, or permit violated shall constitute a separate offense. Dear Mr. and Mrs. Wiley: The enclosed Enforcement Order is being issued to you from the Brewster Conservation Commission in response to a violation of the above-referenced laws and regulations that has occurred at the above-noted address. This Attachment to the Enforcement Order is divided into two sections: Facts and Law, and Required Mitigation and Other Measures. It would be in your best interest to carefully read the Enforcement Order and this Attachment, and to comply fully with all the requirements stated herein. Failure to comply with all requirements stated herein will result in more serious enforcement action. The Commission stands ready to work cooperatively with you in order to avoid further enforcement action. Facts and Law 1. On July 13, 2020, the Conservation Department was contacted regarding clearing activities occurring on Damon Road in proximity to Griffith’s Pond. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 FAX:(508)896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION 2. On July 14, 2020, the Conservation Administrator drove down Damon Road and viewed an area of clearing on 65 Damon Road. The Conservation Administrator drove down the driveway of 65 Damon Road and knocked at the front door to bring these findings to the attention of the homeowner, but no one responded. The area of clearing was viewed as originating from the driveway and extending westward. It appeared to be within 50 feet of wetland resources abutting the driveway. 3. The Conservation Administrator reviewed the department files for 65 Damon Road and determined that according to the site plans of record the clearing appeared to be within 50 feet of wetland resources. The Conservation Administrator contacted the Building Department and Health Department to determine if clearing efforts were undertaken with a permit from either department. According to both departments there was no permit on record issued for such activity. Any violation of an Order of Conditions issued by the Conservation Commission or any significant disturbance to soil or vegetation within 100 feet of a wetland without a valid permit from the Conservation Commission is a violation of the Massachusetts Wetlands Protection Act, M.G.L. c. 131, §40 and Regulations 310 CMR 10.00 et seq., and Brewster’s Wetlands Protection By-law, Town Code c. 172 and Wetlands Regulations. Required Mitigation and Other Measures 1. The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. The property owner shall place a siltation fence with staked haybales/straw wattles at the edge of the clearing. The siltation barrier shall be removed only after any threat of erosion no longer exists, and all disturbed areas are stabilized by vegetation. 2. The property owner and/or their representative shall appear before the Brewster Conservation Commission at a regularly-scheduled meeting to be determined. Additional information for the meeting shall be sent in advance. 3. The Conservation Commission shall have the right to require specific mitigation to ensure adequate protection of the interests of the above- referenced laws and regulations. 4. The Conservation Commission reserves the right to amend this Enforcement Order in the future, or to issue separate Enforcement Orders. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION The Commission also reserves the right to issue fines for the unauthorized work that has occurred. If you have any questions, feel free to contact me at the telephone number listed above. Respectfully, 0a.eth Ot_i,t.1,,A Noelle Aguiar Conservation Administrator CC: MassDEP SERO Brewster Town Clerk WWW.BREWSTER-MA.GOV TOWN OF BREWSTER 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 FAX:(508)896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Photos Taken 7.14.2020 Ns>, C 60 ST .6-7) - / = / ti.xe /* ;7- 77/ R.ev NN. NN N SLOPE THE AREAS ON THE SLOPES.AT SECTION `A-A' AND 13-B' --___SHALL BE SET WITH JUTE NETTING FOR IMPROVED STABZITY ON ANY SLOPES EXCEEDING 2 HORIZONTAL TO 1 TICAL QP 661- /51.616.6:..A r AUS 1 7 2001 BREWSTER CONSERV:AT COMM.SS.ION TOPOGRAPHIC PLAN OF LAN IN BREWSTER SHOWING PROPOSED DRIVE AY prepared for December 31, 1997 Scale: 1"---10' prepared by CM' Engineer- Robert;M. Perry, PE 50 Leland Rd. Brewster, Massachusetts 02631 Phone - 508-896-486 C SG 6 (,) A = /62 • N ti C 144 ,0 /6. 0 /c../ • A E GENE C. NOTES 1. ELEVATIONS REFER TO N.G.VD. ; TOPOGRAPHLC DATA PROVIDED BY SWEETSER ENGINEERING, INC 2. CONTRACTOR IS REMINDED TO REEL!. TO THE 01 ER OF CONDITIONS ISSUED BY THE BREWSTER CONSERVATION C SSION, ONCE ISSUED. 3. THE WORK LIMIT SHOWN ON THE PLAN SHALL BPFIXED WITH SILT FENCE. THE SILT FENCE SHALL BE STAKED `YBALES OR ASTAKED VINYL BARRIER ALONG THIS Lima OF WORK AND IT SHALL BE MAltrancEn IN GOOD WORKING ORDER FOR THE DURATION OF THE EARTH WORK AND UNTIL A VEGETATED COVER HAS BEEN ESTABLISHED. HE TWO EARTH FILL SLOPES AT SECTION ‘A-At SUET. OF WETLAND ROUNDARY SHALL BE FULLY D' FABRIC AND PLANTED WITH SUITABLE GROUND COVERING PLANTS &ND SHRUBS. A SUITABLE PLAN QUALITY SOIL SHALL BE TO ENCOURAGE GROWTH ALL CREED SHOULDER AND SLOPE, \MIEASSHALL BE PLANTED IN ACCORDANCE WITS THE PLANTING NOTE ON THEALAN NEAR SECTION `A-A.1 . S. ALL FILLED S SHALL BE FILLED WITH NATE' STRUCTURAL SOIL, COMPACTED IN LIFTS NOT TO EXCEED 6 INCHES DACOMPACTED HEIGHT. THE FILL SLOPE AT spicII' N •A-A' SHALL BE STABIL AT THE TOE WITH A COLLECTION OF SALB TO 1000 LB STONES FITTED ON kSOIL BED WITH FILTER FABRIC AS SHOWN ON THE PLAN. 6. THE PROPOSED VEWAY SHALL:BE CONSTRUCTED TO A WIDTH OF 16 FT. AND SHALL CONSIST' OF A'MINIMUM OF S INCHES.* P ESSEX), NATIVE GRAVEL AS ABASE WITH A MIN I INCH LAYER Of 1/4 ItH DIAMETER, NATIVE STONE AS A SURFACE THIS STONE TRAVEL SURFACE SALL BE A MINIMUM OF SHOULDERE034 EACH SID 12 FT win% CENTERED IN THE 16 n. CLEAR OFIENP4G, ,ALLOWING BE G2 FT E. 7. A SUITABLE STABILIZING PRO °WER AL INCORP'ORATED INTO THE GRAVEL BASE EAL ALONG tun D DRIVEWAY WHEREVS, THE DRIVEWAY GRADE EXCEEDS 5% SEE PLAN FOR LOCATION S. ALL EXCAVATED SOIL NOT USED FOR STRUCTURa RESPREAD TOPSOIL, SHAI,I, BE REMOVED FROM THE SITE ALL TReS. ROOTS AND SLASH SHALL BE REMOVED FROM THE SITE STONES ENCOUNFERED SHALL BE SALVAGED FOR LANDSCAPE USES AS DESIRED 9. THE STONE LINED DRAINAGE SWALE, WHERE SHOWN/ROM STA 0+00 TO STA 2+40, SHRILL BE'SHAPED TO ACHIEVE A 1 FT. DEPTH. 1 ti INCH TO 3 INCH DIAMETER STONE SHALL BE PLACED TO LINE THE SWALE BOTTOM FOR ITS LENGTH THE DRIVEWAY SURFACE SHALL BE PITCHED A MINIMUM OF 1/4 INCH PER FT TO DIRECT RUNOFF TO THE SWALE -SIDE OF THE DRIVEWAY. ELSEWHERE THE ENTIRE DRIVEWAY LENGTH SHALL HAVE A MINOR SWALE ALONG THE RIGHT SIDE OPPOSITE THE WETLANDS FOR DRIVEWAY DRAINAGE 10. THIS PLAN LS FOR THE PROPOSED DRIVEWAY A SEPARATE SITE PLAN DEPICTS THE PROPOSED DWELLING AND MAY BE REFERRED TO AS PLAN I114963 PREPARED BY RYDER AND WILCOX, INC. C./ EC E.7-.A z" 0 .5 v /°7 at E - Z 7 PLANTING NOTE 5 • 6 F SLOPE AND SHOUL AREAS SHALL AE SEEDED HEAVILY WITH "an RESTORATION EROSION MIX" A COLLECTIONOF NATIVE SWITCH GRASSES AND HERBS, AND NATIVE WILDFLOWNRS VIA MARYLAND SEED CO. OR" NATIVE WM041 OASON GRASS MIX" A COLLECTION OF PREDOMINANT,-,V BIG BLUE STEM SWITCH GRASS, LITTLE BLUE ST"SWITCH GRASS, DEER. TONGUE, AND INDIAN GRASS, AVAILABLE THROUGH SOUTHERN TIER CONSULTING OF CLARKSVILLE, NJ. ALL AREAS FOR PLANTING SHALL BE TREATED WITH A SUITABLE LAYER OF SAND LOAM FOR ENCOURAGING THE GROWTH OF THE GRASSES. THE AREAS SHALL BE RAKED TO A UNIFORM SLOPE AND LIMED IN ACCORDANCE WITH SUPPLIERS RECOMMENDATIONS FOR THE SEED MIX. FOLLOW-UP INSPECTION AND RESEEDING OF ANY DEFICIENT SEEDED; AREAS IS REQUIRED TO OBTAIN A CONSISTENT VEGETATED E N 4 x- I ''AS. Q c --...s...„. A' ..: ----••••-....„...--' ___ .... `"1 --- - .11" ---1-.,-- ..„.......-•ac— Ar-,... - --- A,..„, - , --<,-- -------...„.,...... .„ Z A...„.......,,,, e>9 z 11-) - -6) - ---- rz' 5 iv' NNN ."‘" 4:1 v = Z 0 7-- CA