Loading...
HomeMy Public PortalAbout2020 09 08 Public Meeting PacketImportant: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. vtr.o Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Brewster City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Applicant: James & Nancy Gould Name 10 Snake Brook Road Mailing Address Wayland City/Town 617-594-0780 Phone Number 2. Representative (if any): Ryder & Wilcox, Inc. Firm David Lyttle, PLS Contact Name PO Box 439 Mailing Address South Orleans City/Town 508-255-8312 Phone Number 99jims@gmail.com E-Mail Address MA State 01778 Zip Code Fax Number (if applicable) davidlyttle@ryder-wilcox.com E-Mail Address MA State 508-240-2306 02662 Zip Code Fax Number (if applicable) B. Determinations 1. I request the Brewster make the following determination(s). Check any that apply: Conservation Commission q a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. q b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. • c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. • d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Brewster Name of Municipality q e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform 1 .doc Page 1 014 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Brewster City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 42 Featherbed Lane Brewster Street Address City/Town 11 46 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): 42 Featherbed Lane is a developed property located on Walkers Pond. The exisiting deck on the dwelling is located 52' from the top of the bank that contains Walkers Pond. c. Plan and/or Map Reference(s): Site Plan - Showing Proposed Deck Expansion prepared for James & Nancy 8/8/2020 Gould by Ryder & Wilcox, Inc. Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The prosed work consists of the expansion of the existing deck. The applicants would like to expand the deck slightly to make it a little more functional. They propose to expand the deck 4' to the east and 4' to the south. The expansion will extend into the 50' buffer by 3'. All work will occur over an existing gravel surface. All work will done by hand. The deck will be constructed on hand dug sono tube footings. All excavated material from digging the footings will be removed form the site. wpaforml .doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Brewster City/Town C. Project Description (cont ) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). The proposed deck expansion will have no adverse impact the adjacent resource area. The expanded deck will aid in confining the activity on the site to the deck. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. q Single family house on a lot recorded on or before 8/1/96 q Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 q New agriculture or aquaculture project q Public project where funds were appropriated prior to 8/7/96 q Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaforml doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Brewster Gay/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: James & Nancy Gould Name 10 Snake Brook Road Mailing Address Wayland City/Town MA State 01778 Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense In accordance with Section y9 3j0)(1jjfthe Wetlands Protection Act regulations. Signature of Applicant Signature o epresentative (if any wpatorm 1 doc 2 1,6 Lickcs Y 1/4 -9 ,;;Poel Date Date 0/24.)Zr,0 Page 4 or4 Ryder '& WilcoX SURVEYING • ENGINEERING HOME PLANNING & DESIGN Project Narrative 42 Featherbed Lane August 8, 2020 PROPERTY DESCRIPTON 3 GIDDIAH HILL ROAD • P.O. BOX 439 SO. ORLEANS, MASSACHUSETTS 02662-0439 TEL 508.255.8312 FAX: 508.240.2306 EMAIL: info@ryder-wilcomcom 42 Featherbed Lane is a developed lot located on Walkers Pond. The pond is contained by an inland bank which is shown on the accompanying site plan. The deck on the existing dwelling is located 52' from the top of the inland bank. PROJECT DESCRIPTON The proposed work consists of an expansion to an existing deck. The applicants propose to expand the deck 4' to the east and 4' to the south. The expansion will extend into the 50' buffer zone by approximately 3'. The majority of the work will occur over an existing gravel area. An existing rhododendron in the area will be transplanted by the applicant. All work will be done by hand. The deck will be constructed on hand dug sono tube footings and all excavated material will be removed from the site. PERFORMANCE STANDARDS • Inland Bank and Pond The proposed work will pose no adverse impact to the adjacent resource areas. -S Town of Brewster, MA Conservation Commission Request for Determination of Applicability Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection By-law (BWP By-law) CONSERVATION BREWSTER-MA GOV Request for Determination of Applicability (RDA) Filing Checklist Before you submit your Request for Determination of Applicability to the Conservation Commission and other applicable agencies, please complete and sign this check -list, showing that you understand and have completed all of the forms and procedures required for a Request for Determination filing. The Conservation Commission will not open the hearing if the filing is not complete. Submit only ONE copy of this checklist. The Conservation Commission requires one (1) electronic copy and three (3) paper (hard) copies of the RDA and plans of the RDA. Include each item of the application, with pages numbered consecutively and in the order designated on the checklist. Staple the pages of the hard copy RDA together, and attach the plan(s) to the RDA with a paper clip. All of the pages and plan represent one copy of the application. The Conservation Commission members now require only plans and a narrative, not the full RDA. Please send ten (10) plans and narrative, stapled to the plan. Send one copy of the full RDA by US Certified, Return Receipt Mail, to the DEP Southeast Regional Office, 20 Riverside Drive, Lakeville, MA, 02347. Submit the Certified Receipt Postal Service Form 3800 to the Conservation Commission with the RDA. Application 1. Obtain a certified abutters' list from the Brewster Assessors' Office and a photocopy of the appropriate section of the Town of Brewster Assessors' map, showing the property of the project and all abutting properties required for a legal wetland filing under the BWP By-law. This list will provide the names of all direct abutters to the property (first abutters), all that abut the first abutters (second abutters) if they are within 300 feet of the lot lines of the property, and lot(s) directly across the street from your lot. The street is the first abutter and lots directly across, second abutters. If abutters are in another town, obtain a certified list of the abutters from the assessors' office in that town, and submit it and the appropriate assessors' map in the application also. Submit the certified abutters' list and the Assessors' map, as part of the application 2. Notify all abutters on the list of your proposed project on the RDA "Notice to Abutters" form letter, by Certified, Return Receipt mail or hand delivery before or on the day of filing, and submit the Certified Mail receipts (Form 3800) as part of the filing. Submit the US Postal Service Form 3811 at the hearing. 3. Complete and include the state RDA application (WPA Form 1). 4. If applicable, include DEP Appendix G. Field Data Forms for bordering vegetated wetlands. Submit one form for each area tested; one form for the wetland area and one for the upland. 5. Include a photocopy of an 8" by 10" section of the appropriate United States Geological Survey (USGS) Quadrangle Map clearly showing the location of the project. 6. Include a clear narrative, describing all aspects of the project. 7. Include a professional site plan in accordance with the enclosed Brewster Conservation Commission "Policy for Plans Used for Wetland Permitting". Designate buffer zones and wetlands in color (blue line = 100 feet, red line = 50 feet, green line = wetland). 8. Include a copy of the RDA "Notice to Abutters" form letter. 9. If the lot is an undeveloped, secluded, or otherwise unidentifiable area, identify the lot on the plan by the number of the nearest telephone pole or the nearest road intersection. If there is no pole on the lot, describe the lot's proximity to the nearest; for example, "The lot is twelve feet east of telephone pole no.167". 10. The town filing fee for a Request for Determination of Applicability is $75.00, with an advertising fee of $15.00 and a $20.00 fee for processing and mailing. Include this as one check for $110.00 payable to the Town of Brewster, with the application. The state does not assess a fee for an RDA. 11. Fold each plan separately, right side out with the title visible, and paper clip it to each copy of the application. 12. Include a signed Site Access Authorization Form. 13. Properly stake and flag the project site to identify all portions of the project, prior to the day of filing. • Clearly stake all boundaries and limits of work. • Clearly identify all stakes and flags in the field, showing the 100 foot and 50 foot buffer zones and wetland areas. • Designate each wetland type on the flag as "BVW" (bordering vegetated wetland), "TOB" (top of bank), "LSF" (land subject to flooding), etc. Department staff and Conservation Commissioners will inspect the site. Unless a holiday interferes, the filing deadline for applications is noon on the Thursday at least ten (10) business days before the hearing. The hearing must be advertised in a local newspaper (at the time, the Cape Codder newspaper) no less than five business days before a hearing. L :L. , confirm that this application is complete. Environmental consultan ngine /surveyor/applicant I David A Lyttle, PLS Town of Brewster, MA Conservation Commission Request for Determination of Applicability Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection By-law (BWP By-law) CQNNEYATIP.N,@DE_EWSTB3-M&QPV Notice to Abutters Date: To: Abutters of property located at 42 Featherbed Lane Assessors' Map 11 , Parcel 46 ____, Formerly Map , Parcel______ From: James & Nancy Gould , Applicant Owner of Property: James & Nancy Gould In accordance with the requirements of Section 5, the Town of Brewster Wetlands Protection By-law, this is notification to you that a filing has been submitted to the Brewster Conservation Commission under G.L c. 131, §40, Massachusetts Wetlands Protection Act and the Brewster Wetlands Protection By-law on behalf of the applicant for a proposed project at the above captioned location. The Project Includes the following: c3 o C-7 A-1 eaX . The proposed work will occur in and within 100 feet of: Inland Wetlands CI Coastal Wetlands El The project will occur within an Inland Wetland q The project will occur within a Coastal Wetland The information and plans for the project may be reviewed between 8:30 AM and 4:00 PM at the Conservation Department, 1657 Main Street. A digital copy of the filing may be requested from the Conservation Department as an alternative. Contact information is available on the Conservation Department web page. A public hearing will be held September 8 , 20 20 at the Brewster Town Offices. Hearings begin at 6:00 PM. The hearing notice will be publicized in the Cape Codder Newspaper no less than five (5) days prior to the hearing. If you have any questions, please call the Brewster Conservation Department at 896-1546, between the hours of 8:30 AM and 4:00 PM. Sincerely, David A. Lyttle, PLS Representative for Applicant TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 11/46/0 309 SLOUGH ROAD 6517 11-39-0-R PEREIRA JANE & ANTONIO J JR 309 SLOUGH ROAD BREWSTER MA 02631 (38-43) 41 FEATHERBED LANE 6521 11-43-0-R LABRECQUE KATHY A TRUSTEE 41 FEATHERBED LANE BREWSTER MA 02631 (38-47) KATHY A LABRECOUE TRUST 0 FEATHERBED LANE 6516 11-44-0-E BREWSTER CONSERVATION TRUST 36 RED TOP ROAD BREWSTER MA 02631 (38-42) TRUSTEES 46 FEATHERBED LANE 6510 11-45-0-E BOYS CAMP INC ATTN: JEFF RUMPF CEO DUXBURY MA 02332 (38-36) CAMP MITTON 119 MYRTLE STREET 42 FEATHERBED LANE 6571 11-46-0-R GOULD JAMES F & NANCY G 10 SNAKE BROOK ROAD WAYLAND MA 01778 (38-94) 0 FEATHERBED LANE 6572 11-47-0-R GOULD JAMES F & NANCY G 10 SNAKE BROOK ROAD WAYLAND MA 01778 (38-95) 0 FEATHERBED LANE 12741 11-48-0-E UNKNOWN 0 FEATHERBED LANE BREWSTER MA 02631 (38-901) Certified by: James M. M. Gallagher, MAA Deputy Assessor 8,18/2020 Page crra ) • Sall it .\\ \`\‘‘' Gravel y \'\, Pit"' %- it• cks o L N • \ . : \ Kelleys n _ • • Bay - Cranb es Uppe? Millp9nd Elbow Pond 30 -Eck* 'Pond 2 5 Crenberry ;3X• 4 Gravels gr 1,3'1 t " l irtavel o ••••• A nt • A • \' ame and Address of Sender C 1S1-'14 \6. l9c)''' Article Number • imq Ilan 0000 51x,0 oko5z (1 ,t. bkoLi 3. 4. ? - 0 cd VA 5. 6. --)"..-,/• t• tlk if 1 A r•f\A7 8. Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office 5 heck type of mail or service: O Certified O COD O Delivery Confirmation 1-1 Exoress Mail q Recorded Delivery (International) CI Registered q Return Receipt for Merchandise 71 Sionature Confirmation PEREIRA JANE & ANTONIO J JR 309 SLOUGH ROAD BREWSTER, MA 02631 BOYS CAMP INQ CAMP MITTON ATTN: JEFF RUMPF CEO 119 MYRTLE STREET DUXBURY, MA 02332 LABRECQUE KATHY A TRUSTEE KATHY A LABRECQUE TRUST 41 FEATHERBED LANE BREWSTER, MA 02631 BREWSTER CONSERVATION TRUST TRUSTEES 36 RED TOP ROAD BREWSTER, MA 02631 DEP 20 Kiversicle Dr. Lakeville, MA 025+7 11-39-0-R 11-45-0-E 11-A3-0-R 11-44-0-E Postmaster, Per (Name of refeivmg employee) Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Receipt Postage Fee Handling Actual Value Charge if Registered Insured Due Sender Value if COD F See Privacy Act Statement on Reverse Ec AU° 1 9 2020 1111 MIS 1 PS Form 3877, February 2002 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM Date: August 19, 2020 Project: Gould Deck Expansion Location: 42 Featherbed Lane Property Owner: James & Nancy Gould I (we) hereby authorize the individual members of the Brewster Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch 131, s. 40) and/or the Brewster Wetlands Protection Bylaw (Chapter 172). Additionally, if an Order of Conditions is issued for the project, I (we) grant permission for Commission members and the Commission's agents to enter the above referenced property for the purpose of inspecting for compliance with the Order of Conditions. This site access authorization is valid until a Certificate of Compliance is issued by the Conservation Commission. ,\ Authorized Signature: Please Print Name: David A. Lyttle Date: August 19, 2020 If other than owner, please state whether tenant, agent, or other: Agent Mailing Address: Phone: 508-255-8312 PO Box 439 South Orleans, MA 02662 Email: davidlyttle@ryder-wilcox.com Cell: Fax: 508-240-2306 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 417 rerun, Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Brewster City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Applicant: Charles & Nancy Baringer Name P.O. Box 2059 E-Mail Address Mailing Address Brewster City/Town Phone Number Representative (if any): J.C. Ellis Design Co., Inc. Firm Jason C. Ellis, R.S. Contact Name P.O. Box 81 MA State 02631 Zip Code Fax Number (if applicable) jason@jcellisdesign.com E-Mail Address Mailing Address North Eastham City/Town 508-240-2220 Phone Number MA State 508-240-2221 02651 Zip Code Fax Number (if applicable) B. Determinations I request the Brewster make the following determination(s). Check any that apply: Conservation Commission a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. El b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. Z c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. Z d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Brewster Name of Municipality q e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc • rev 7/27/2020 WPA Form 1 — Request for Determination of Applicability • Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Brewster City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 1 Carver Road Brewster Street Address City/Town 50 33 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The property lies on a bluff overlooking Saints Landing Beach c. Plan and/or Map Reference(s): Septic System Upgrade Plan; 1 Carver Road, Brewster, MA 8/10/2020 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): Proposed work includes installing a new septic tank and distribution box within the existing paved driveway. wpaforml.doc • rev. 7/27/2020 WPA Form 1 — Request for Determination of Applicability • Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Brewster City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). Septic system repair 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. q Single family house on a lot recorded on or before 8/1/96 q Single family house on a lot recorded after 8/1/96 q Expansion of an existing structure on a lot recorded after 8/1/96 q Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 q New agriculture or aquaculture project q Public project where funds were appropriated prior to 8/7/96 q Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision q Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaforml.doc • rev. 7/27/2020 WPA Form 1 — Request for Determination of Applicability • Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Brewster City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Charles & Nancy Baringer Name P.O. Box 2059 Mailing Address Brewster City/Town MA State Signatures: 02631 Zip Code I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. 8-20-2020 Signature of Applicant Date Signatur 8-20-2020 Representative (if any) Date wpaform1 doc • rev 7/27/2020 WPA Form 1 — Request for Determination of Applicability • Page 4 of 4 J.C. ELLIS DESIGN COMPANY, INC. SEPTIC SYSTEM DESIGN & ENGINEERING — SEPTIC INSPECTION — SITE PLANNING — WETLAND CONSULTATION & PERMITTING P.O. BOX 81, NORTH EASTHAM, MA 02651 PHONE 508-240-2220 FAX 508-240-2221 EMAIL jcellisdesign@verizon.net August 20, 2020 Brewster Conservation Commission Town of Brewster 2198 Main Street Brewster, MA 02631 Re: Charles & Nancy Baringer 1 Carver Road Brewster, MA Assessor's Map 50 Parcel 33 Project Narrative — Alternative Analysis Dear Commissioners, This letter accompanies a Request for Determination of Applicability and associated plans for the installation of a new septic tank and distribution box. The current septic tank and d-box require replacement at this time due to their condition. The existing septic tank will be pumped and filled in place. The existing d-box will be removed and replaced in same location. Due to the configuration of the existing lot, buildings and landscaping, there are very few viable alternatives. The proposed septic system components are to be installed in the farthest location viable from the resource area. Thank you for your attention to this request. Resp fully, ason llis, .S., L.S.I.T. J.C. Ellis Design Co., Inc. 70°Q7' 30" °47'+ 26000m N 4625 4624 4623 45' 4621 4620 Li 1-4r rt. 1 k i in iv i ur I r-it, IN I tHICH-e GEOLOGICAL SURVEY 407 000m E ,Park 73 Dillingham . Cern To1"1 -1 Millpond Lower Millpond 66 40q $ntith , ester ii • Pon 409 Breakvva fur Towri :t a; eact`i ...• bile riding 5' G lad/ i ll.'Public 4,,td •••••II. COMMONWEAL1 DEPARTME1 4'11 6I //If I t Tidal I Girl Scout ,Camp TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 50/33/0 50/36/0\ . \ / 00 CEMETERY ROAD aySE! \ TH - 101 50/89/0 1 CA \ \ -1 - 1 IIIIII*7° - 50/22/0 ', I 6CliretRVER R'pAskl_ _ 217 EIP /R134C:8_ :17- - 1111111 All 31021„ETERy,RoAD \_______,.. ___. 504211A:EtETER:^7R PAD____s ' 0/53/1i) 2-CA VER 1,20AD \3 I II $ 1 1 I I I LAISSII i krmmi 100 ft 197 CEMETERY ROAD 114 50-20-0-R VAN SANT ELIZABETH CURRIER TR& C/O J RANDALL WILLIAMS NAPLES FL 34119 (3-12) WILLIAMS J RANDALL & JONES S B 3807 VALENTIA WAY 207 CEMETERY ROAD 115 50-21-0-R BREWER PHILIP V S & JUDITH ANN 132 WRIGHT ROAD CONCORD MA 01742 (3-13) TRUSTEES/HERBERT VS BREWER IRT 211 CEMETERY ROAD 116 50-22-0-R PAULSON SUZANNE H ETAL & PAULSON DRAKE C/O PAULSON, SUZANNE MADISON CT 06443 (3-14) TRUSTEE HUGLI REALTY TRUST 38 BEAVER POND ROAD 217 CEMETERY ROAD 157 50-23-0-R SMITH ANNE 0 TRUSTEE 130 MT AUBURN ST # 301 CAMBRIDGE MA 02138 (3-59) 1 CARVER ROAD 117 50-33-0-R BARINGER CHARLES D & NANCY D P 0 BOX 2059 BREWSTER MA 02631 (3-15) TRUSTEES 5 CARVER ROAD 152 50-34-0-R MORRIS F ROSALIE TRUSTEE 1372 FEARRINGTON POST PITT SBORO NC 27312 (3-54) THE F ROSALIE MORRIS TRUST 13 CARVER ROAD 144 50-35-0-R COUZENS MARY JANE ETAL 16 STRATFORD AVENUE WHITE PLAINS NY 10605-2309 (3-46) 17 SUNHOUSE PATH 118 50-36-0-R OVERSTRAND LLC 468 SUDBURY ROAD CONCORD MA 01742 (3-16) 2 CARVER ROAD 153 50-53-0-R GEORGENES REBECCA A 11 CAVANAUGH ROAD WELLESLEY MA 02481 (3-55) 0 CEMETERY ROAD 12755 50-89-0-E UNKNOWN 0 CEMETERY ROAD BREWSTER MA 02631 (3-998) Certified by: b-- 7/111--6- James M. Gallagher, MAA Deputy Assessor 8/18/2020 Page 1 Town of Brewster, MA Conservation Commission Request for Determination of Applicability Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection By-law (BWP By-law) CONSERVATION@BREWSTER-MA.GOV Notice to Abutters Date: To: Abutters of property located at 1 -2,.NAT> Assessors' Map 90 , Parcel 33 , Formerly Map_ , Parcel_ From: CiMatEr 044c-1 Cart- , Applicant Owner of Property: 6.-1-4-Asn..k e; OAK) LA/LA a Errs In accordance with the requirements of Section 5, the Town of Brewster Wetlands Protection By-law, this is notification to you that a filing has been submitted to the Brewster Conservation Commission under G.L c. 131, §40, Massachusetts Wetlands Protection Act and the Brewster Wetlands Protection By-law on behalf of the applicant for a proposed project at the above captioned location. The Project Includes the following: E krA (AA ek) TAv Y._ 441> D - DC21,<-7. P'3Q-k,\P5- The proposed work will occur in and within 100 feet of: CI Inland Wetlands a —Coastal Wetlands 111 The project will occur within an Inland Wetland q The project will occur within a Coastal Wetland The information and plans for the project may be reviewed between 8:30 AM and 4:00 PM at the Conservation Department, 1657 Main Street. A digital copy of the filing may be requested from the Conservation Department as an alternative. Contact information is available on the Conservation Department web page. A public hearing will be held 5e-pre"G.-, 8 , 20 0:-.) at the Brewster Town Offices. Hearings begin at 6:00 PM. The hearing notice will be publicized in the Cape Codder Newspaper no less than five (5) days prior to the hearing. If you have any questions, please call the Brewster Conservation Depart t at 896-4546, between the hours of 8:30 AM and 4:00 PM. Sincerely, Representa ve for Applicant Ji c1/4-S, C • 6.4-1-`) TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM Date: 8 -20-2,z. Project: c5eeTt c.. Sy ..cTe.-... i.)P4.-aA...rxr Location: [ LARD 6.2_ R.oPt,t> ,9-.E:‘,J SW-K.- Property Owner: C,1 S&L-E- 5 t /V ANS R )Ps2. le4 6C2... I (we) hereby authorize the individual members of the Brewster Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch 131, s. 40) and/or the Brewster Wetlands Protection Bylaw (Chapter 172). Additionally, if an Order of Conditions is issued for the project, I (we) grant permission for Commission members and the Commission's agents to enter the above referenced property for the purpose of inspecting for compliance with the Order of Conditions. This site access authorization is valid til a Certificate of Compliance is issued by the Conservation Commissio Authorized Signatur 'i Date: 8 - lc ao-t...., Please Print Name: If other than owner, please state whether tenant, agent, or other: 0.4 CriAl 1.7-1A. Mailing Address: 3 &,,. 1, N. evsa1-t444.1 AAA Dzi,t-i Phone: %:"..)) 2 ,-( o 7.2 2. Email: j\-C,t .. I..16ided S der, Oft . CO Cell: Fax: rcyd Z Yo L2 2 1 Town of Brewster, MA Conservation Commission Request for Determination of Applicability Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection By-law (BWP By-law) CONSERVATION@BREWSTER-MA.GOV Request for Determination of Applicability (RDA) Filing Checklist Before you submit your Request for Determination of Applicability to the Conservation Commission and other applicable agencies, please complete and sign this check -list, showing that you understand and have completed all of the forms and procedures required for a Request for Determination filing. The Conservation Commission will not open the hearing if the filing is not complete. Submit only ONE copy of this checklist. The Conservation Commission requires one (1) electronic copy and three (3) paper (hard) copies of the RDA and plans of the RDA. Include each item of the application, with pages numbered consecutively and in the order designated on the checklist. Staple the pages of the hard copy RDA together, and attach the plan(s) to the RDA with a paper clip. All of the pages and plan represent one copy of the application. The Conservation Commission members now require only plans and a narrative, not the full RDA. Please send ten (10) plans and narrative, stapled to the plan. Send one copy of the full RDA by US Certified, Return Receipt Mail, to the DEP Southeast Regional Office, 20 Riverside Drive, Lakeville, MA, 02347. Submit the Certified Receipt Postal Service Form 3800 to the Conservation Commission with the RDA. Application q 1. Obtain a certified abutters' list from the Brewster Assessors' Office and a photocopy of the appropriate section of the Town of Brewster Assessors' map, showing the property of the project and all abutting properties required for a legal wetland filing under the BWP By-law. This list will provide the names of all direct abutters to the property (first abutters), all that abut the first abutters (second abutters) if they are within 300 feet of the lot lines of the property, and lot(s) directly across the street from your lot. The street is the first abutter and lots directly across, second abutters. If abutters are in another town, obtain a certified list of the abutters from the assessors' office in that town, and submit it and the appropriate assessors' map in the application also. Submit the certified abutters' list and the Assessors' map, as part of the application q 2. Notify all abutters on the list of your proposed project on the RDA "Notice to Abutters" form letter, by Certified, Return Receipt mail or hand delivery before or on the day of filing, and submit the Certified Mail receipts (Form 3800) as part of the filing. Submit the US Postal Service Form 3811 at the hearing. q 3. Complete and include the state RDA application (WPA Form 1). q 4. If applicable, include DEP Appendix G. Field Data Forms for bordering vegetated wetlands. Submit one form for each area tested; one form for the wetland area and one for the upland. q 5. Include a photocopy of an 8" by 10" section of the appropriate United States Geological Survey (USGS) Quadrangle Map clearly showing the location of the project. q 6. Include a clear narrative, describing all aspects of the project. El 7. Include a professional site plan in accordance with the enclosed Brewster Conservation Commission "Policy for Plans Used for Wetland Permitting". Designate buffer zones and wetlands in color (blue line = 100 feet, red line = 50 feet, green line = wetland). El 8. Include a copy of the RDA "Notice to Abutters" form letter. El 9. If the lot is an undeveloped, secluded, or otherwise unidentifiable area, identify the lot on the plan by the number of the nearest telephone pole or the nearest road intersection. If there is no pole on the lot, describe the lot's proximity to the nearest; for example, "The lot is twelve feet east of telephone pole no.167". CI 10. The town filing fee fora Request for Determination of Applicability is $75.00, with an advertising fee of $15.00 and a $20.00 fee for processing and mailing. Include this as one check for $110.00 payable to the Town of Brewster, with the application. The state does not assess a fee for an RDA. q 11. Fold each plan separately, right side out with the title visible, and paper clip it to each copy of the application. 111 12. Include a signed Site Access Authorization Form. CI 13. Properly stake and flag the project site to identify all portions of the project, prior to the day of filing. • Clearly stake all boundaries and limits of work. • Clearly identify all stakes and flags in the field, showing the 100 foot and 50 foot buffer zones and wetland areas. • Designate each wetland type on the flag as "BVW" (bordering vegetated wetland), "TOB" (top of bank), "LSF" (land subject to flooding), etc. Department staff and Conservation Commissioners will inspect the site. Unless a holiday i terferes, the filing deadline for applications is noon on the Thursday at least ten (10) business is before the hearing. The hearing must be advertised in a local newspaper (at the time, th odder newspaper) no less than five business days before a hearing. I, Alfilltd , confirm that this application is comptrle ironmental con ultant/engineer/surveyor/applicant 42.2 43.3 43.09 43.13 (21) Wintergreen PLANTING PLAN | FEBRUARY 27, 2020, REVISED SEPTEMBER 1, 2020 MEYER | 361 SLOUGH ROAD, BREWSTER, MA BLUEFLAX DESIGN LLC | HARWICH, MA 774-408-7718 | www.blueflaxdesign.com N Remove 5 broken and leaning oak trees close to house Relay existing stone walkway in existing footprint Proposed section of driveway Mitigation Planting Area (755 SF)Remove Autumn Olive at edge of proposed driveway DATE REVISION MADE INITIALS 9/1/20 DECK SIZE REDUCED, MITIGATION LAYOUT ADJUSTED EKV PLAN NOTES • Site Plan provided by Clark Engineering Inc. • This plan proposes and expansion of deck, driveway and walkways within the buffer to a BVW. • 755 square feet of typical landscaping and lawn will be restored to native, naturalized planting to mitigate for the increase in structure. • Existing structure and lawn will be removed from the mitigation area and planted with a mix native shrubs and perennials. • Temporary irrigation will be required for new plantings for the first two to three growing seasons while plants establish. Once plants are established irrigation will be removed. • All proposed walkways are to be dry laid construction. • Gutters will be directed into drywells. • Five (5) damaged and/or leaning (hazardous) oak trees are proposed to be removed from the south side of the property due to safety concerns. • One (1) tree will be removed at the edge of the proposed driveway and replaced by 1 serviceberry tree. PROJECT AREA Google Earth aerial image of 361 Slough Road in Brewster, MA. The approximate project area is shaded in yellow. PROPERTY LINE TOP OF BANK 100’ BUFFER TO TOP OF BANK 50’ BUFFER TO TOP OF BANK MITIGATION PLANTING AREA Lawn to be reomoved, the area to be planted with native shrubs and perennials PLANTING SCHEDULE TREES BOTANICAL / COMMON NAME CONT QTY Amelanchier canadensis / Serviceberry 7 gal 1 Pinus strobus / White Pine 10 gal 3 SHRUBS BOTANICAL / COMMON NAME CONT QTY Clethra alnifolia / Summersweet Clethra 3 gal 13 Comptonia peregrina / Sweet Fern 1 gal 15 Ilex glabra / Inkberry Holly 3 gal 4 Rhus aromatica / Fragrant Sumac 3 gal 17 PERENNIALS BOTANICAL / COMMON NAME CONT QTY Aster divaricatus / White Wood Aster 1 gal 4 Aster oblongifolius / Fall Aster 1 gal 4 Baptisia australis / Blue Wild Indigo 2 gal 3 Dryopteris marginalis / Marginal Shield Fern 1 gal 5 Heuchera americana / American Alumroot 1 gal 7 GROUND COVERS BOTANICAL / COMMON NAME CONT SPACING QTY GP Gaultheria procumbens / Wintergreen 1 gal 16" o.c.26 PLANT SCHEDULE POND 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) 8/31/2020 Date To: Steven & Susan Pavsner Name of Violator 1005 Fox Chapel Road, Pittsburgh, PA 15238 Address 1. Location of Violation: Property Owner (if different) 34 Mammon Cartway Street Address Brewster City/Town 02631 Zip Code 61 Assessors Map/Plat Number 32 (formerly 49/21) Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Construction of a dock within wetlands without a valid permit in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: 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: Removal of the dock within 30 days of the issuance of this Enforcement Order and placement outside of the 50 foot buffer zone and/or on existing structures/hardscape. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: “Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation”. Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Noelle Aguiar, Conservation Administrator Name 508 896 4546 Phone Number Monday - Friday Hours/Days Available Issued by: Town of Brewster Conservation Commission Conservation Commission signatures required on following page. LI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 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: )1/4-)0-alk ai/UVAA 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 August 31, 2020 Steven & Susan Pavsner 1005 Fox Chapel Road Pittsburgh, PA 15238 RE: Construction of a dock within wetlands without a valid permit in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. The property involved in the violation is 34 Mammon Cartway, Brewster Assessors Map 61, Lot 32 (formerly map 49, lot 21). 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. Pavsner: The enclosed Enforcement Order is being issued to you from the Brewster Conservation Commission in response to a violation of the above-referenced laws and regulations that has occurred at the above-referenced address. This Attachment to the Enforcement Order is divided into two sections: Facts and Law, and Required Mitigation and Other Measures. It would be in your best interest to carefully read the Enforcement Order and this Attachment, and to comply fully with all the requirements stated herein. Failure to comply with all requirements stated herein will result in more serious enforcement action. The Commission stands ready to work cooperatively with you in order to avoid further enforcement action. Facts and Law 1. On July 10, 2019 the Conservation Administrator conducted a lake-wide, shoreline assessment by boat and a dock structure was visible originating from your property. In reviewing an aerial survey dated 10.5.2018, this dock structure was visible as well. Photos taken during this assessment and the aerial image are included at the end of this correspondence. 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. In reviewing the Conservation files it was determined that there was no permit for the construction of the dock and thus the structure was in violation of the above-noted wetland regulations. In addition, Long Pond is classified as a Great Pond and a license for the dock is necessary from the Massachusetts Department of Environmental Protection (MassDEP) under Chapter 91 regulations. 3. On July 10, 2019 the Conservation Administrator completed and mailed a letter detailing these findings and the requirement for a Notice of Intent permit application to the owner’s mailing address. This letter is attached for reference. 4. On August 31, 2020 the Natural Resources Officer conducted a lake-wide, shoreline assessment by boat and a dock structure was again visible originating from your property. Any violation of an Order of Conditions issued by the Conservation Commission or any alteration within 100 feet of a wetland without a valid permit from the Conservation Commission is a violation of the Massachusetts Wetlands Protection Act, M.G.L. c. 131, §40 and Regulations 310 CMR 10.00 et seq., and Brewster’s Wetlands Protection By-law, Town Code c. 172 and Wetlands Regulations. Required Mitigation and Other Measures 1. The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. 2. The property owner and/or their representative shall appear before the Brewster Conservation Commission on September 8, 2020 via Zoom Meeting starting at 7:00 pm. Please call (508) 896 4546, as soon as possible to confirm. 3. The Conservation Commission requires that the dock be removed within 30 days of the issuance of this Enforcement Order and placed outside of the 50 foot buffer zone and/or on existing structures/hardscape. 4. Prior to any placement of a dock following removal, a Notice of Intent must be filed with the Conservation Commission and Order of Conditions issued by the Conservation Commission. In addition, any such proposed structure shall meet the required dimensions as defined under Brewster’s Wetlands Protection By- law. 5. The Conservation Commission reserves the right to amend this Enforcement Order in the future, or to issue separate Enforcement Orders. The Commission also reserves the right to issue fines for the unauthorized work that has occurred or failure to remove the dock structure by the required deadline. 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 If you have any questions, feel free to contact me at the telephone number listed above. Respectfully, JottU Cu Noelle Aguiar Conservation Administrator CC: MassDEP SERO Brewster Town Clerk Brewster Town Administrator Photo Showin• Un•ermitted Dock at 34 Mammon C Date of image: 8.31.2020 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 TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATIOW&BREWSTER-MA.GOV July 10, 2019 Steven & Susan Paysner 1005 Fox Chapel Road Pittsburgh, PA 15238 RE: Unpermitted Dock Structure 34 Mammon Cartway, Brewster Assessors Map 61, Lot 32 (formerly map 49, lot 21) Dear Mr. and Mrs. Paysner: OFFICE OF CONSERVATION COMMISSION On July 10, 2019 the Conservation Administrator conducted a lake-wide, shoreline assessment by boat of Long Pond and a dock structure was visible originating from your property. In reviewing an aerial survey dated 10.5.2018, this dock structure was visible as well. A photo taken during this assessment and the aerial image are included at the end of this correspondence. The Massachusetts Wetlands Protection Act M.G.L. c. 131, § 40 as well as Brewster Wetlands Protection Bylaw, Chapter 172 under the Code of the Town of Brewster requires the filing of an Application for a Permit for any person to remove, fill, dredge, alter or build upon or within 100 feet of any lake, pond, river, stream, estuary or the ocean. Without a permit, this structure is in violation of the state wetlands act and the town wetlands protection bylaw. If you wish to install and use the dock, a Notice of Intent must be filed. Instructions for the Notice of Intent filing are included. In addition, Long Pond is classified as a Great Pond and a license for the dock is necessary from the Massachusetts Department of Environmental Protection (MassDEP) under Chapter 91 regulations. If you have any questions, or if you need any additional information, please feel free to contact me at the telephone number listed above. Sincerely, )j01S-(1 aflAkto-a Noelle Aguiar Conservation Administrator WWW.BREWSTER-MA.GOV TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAx: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Aerial Image Showing Unpermitted Dock at 34 Mammon Ctwy. Date of image: 10.5.2018 Photo Showing Unpermitted Dock at 34 Mammon C Date of image: 7.10.2019 ii. ..i 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 September 1, 2020 Steven & Susan Paysner 1005 Fox Chapel Road Pittsburgh, PA 15238 RE: Show Cause Hearing Correction for Unpermitted Dock Locus: 34 Mammon Cartway Assessors Map 61, Parcel 32 (formerly Map 49, Parcel 21) Dear Mr. and Mrs. Paysner, OFFICE OF CONSERVATION COMMISSION The Enforcement Order issued on August 31, 2020 requires your attendance at a Conservation Commission Hearing conducted via Zoom. In the Order, the date of that hearing was noted as September 8, 2020. The correct date for your attendance is October 6, 2020 at 6:30pm in order to provide time for scheduling. If you have any questions, or if you need additional information, please do not hesitate to contact the Conservation Department at the number listed above. Sincerely, JJ ate& Noelle Aguiar, Conservation Administrator WWW.BREWSTER-MA.GOV 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) 8/31/2020 Date To: Oliver Family Qual Personal Residence Trust of 2012, c/o George Oliver Sr. Name of Violator 825 No Prospect Ave, Unit 2802, Milwaukee, WI 53202 Address 1. Location of Violation: Property Owner (if different) 38 Captain Baker Road Street Address Brewster City/Town 02631 Zip Code 72 Assessors Map/Plat Number 19 (formerly 41/65) Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Unpermitted expansion of a dock within wetlands, without a valid permit, and in violation of original Orders of Conditions, the 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: Removal of the unpermitted dock components within 30 days of the issuance of this Enforcement Order and placement outside of the 50 foot buffer zone and/or on existing structures/hardscape. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: “Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation”. Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Noelle Aguiar, Conservation Administrator Name 508 896 4546 Phone Number Monday - Friday Hours/Days Available Issued by: Town of Brewster Conservation Commission Conservation Commission signatures required on following page. 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 (cant.) 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: arl,u,:xt4 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 August 31, 2020 Oliver Family Qual Personal Residence Trust of 2012 C/O George Oliver Sr 825 No Prospect Ave Unit 2802 Milwaukee, WI 53202 RE: Unpermitted expansion of a dock within wetlands, without a valid permit, and in violation of original Orders of Conditions, the 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 38 Captain Baker Road, Brewster Assessors Map 72, Lot 19 (formerly map 41, lot 65). 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. Oliver: The enclosed Enforcement Order is being issued to you from the Brewster Conservation Commission in response to a violation of the above-referenced laws and regulations that has occurred at the above-referenced address. This Attachment to the Enforcement Order is divided into two sections: Facts and Law, and Required Mitigation and Other Measures. It would be in your best interest to carefully read the Enforcement Order and this Attachment, and to comply fully with all the requirements stated herein. Failure to comply with all requirements stated herein will result in more serious enforcement action. The Commission stands ready to work cooperatively with you in order to avoid further enforcement action. Facts and Law 1. On June 21, 2016 the Conservation Administrator conducted a site visit on the property and it was noted that the dock installed at the above address was not in compliance with the original Orders of Conditions issued for the structure (SE 9- 1235). 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. In reviewing the Conservation files the same day, it was determined that the original, approved dock consisted of three sections, each measuring 8 feet in length by 4 feet in width. The structure noted on the property was larger than approved, and consisted of an additional section where chairs were placed. A photo of this original, unpermitted expansion is included below. 3. According to the Conservation file, not only was the structure not in compliance with the approved plan of record, it was in direct violation of Condition 39, which states “The applicant may repair damaged portions, but not reconfigure or expand the structure.” In addition, no new permit had been granted for expansion of the structure. 4. On June 22, 2016, the Conservation Administrator completed and mailed a letter detailing these findings and the requirement for the removal of the additional, unpermitted dock components to the owner’s mailing address. This letter is attached for reference. 5. On August 31, 2020 the Natural Resources Officer conducted a lake-wide, shoreline assessment by boat and a dock structure in violation of the approved plan of record and Order of Conditions was again visible originating from your property. It was also noted that there was a second seating area of the dock. Any violation of an Order of Conditions issued by the Conservation Commission or any alteration within 100 feet of a wetland without a valid permit from the Conservation Commission is a violation of the Massachusetts Wetlands Protection Act, M.G.L. c. 131, §40 and Regulations 310 CMR 10.00 et seq., and Brewster’s Wetlands Protection By-law, Town Code c. 172 and Wetlands Regulations. Required Mitigation and Other Measures 1. The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. 2. The property owner and/or their representative shall appear before the Brewster Conservation Commission on September 8, 2020 via Zoom Meeting starting at 7:00 pm. Please call (508) 896 4546, as soon as possible to confirm. 3. The Conservation Commission requires that the additional, unpermitted portions of the dock be removed within 30 days of the issuance of this Enforcement Order and placed outside of the 50 foot buffer zone and/or on existing structures/hardscape. 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 4. The Conservation Commission reserves the right to amend this Enforcement Order in the future, or to issue separate Enforcement Orders. The Commission also reserves the right to issue fines for the unauthorized work that has occurred or failure to remove the unpermitted dock structure components by the required deadline. If you have any questions, feel free to contact me at the telephone number listed above. Respectfully, Noelle Aguiar Conservation Administrator CC: MassDEP SERO Brewster Town Clerk Brewster Town Administrator Unpermitted Dock Expansion at 38 Captain Baker Road and Site Plan of Record (SE 9-1235) Date of image: 6.21.2016 PROPOSED 5EA5ONAL AWMINUM DOCK 124'1 La* 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 Unpermitted Dock Expansion at 38 Captain Baker Road Date of image: 8.31.2020 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 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 ExT 1135 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV June 22, 2016 George Oliver 966 North Penn Oak Road Lower Gwynedd, PA 19002 RE: Unpermitted Alterations to Dock 38 Captain Baker Road, Brewster Assessors Map 72, Lot 19 (formerly map 41, lot 65) Dear Mr. George: OFFICE OF CONSERVATION COMMISSION It has come to the attention of the Brewster Conservation Commission during a site visit pursuant to the Notice of Intent submitted for vegetation management at the property noted above that a dock has been installed that is not in compliance with the Order of Conditions for the structure (MassDEP File Number SE 9-1235). The original site plan, including a depiction of the dock is included with this letter. As you will note, the approved dock consists of three sections and is restricted to 24 feet in length. In addition, according to Chapter 172 under the Code of the Town of Brewster, Massachusetts, docks are permitted up to 25 feet in overall length from the edge of the bordering vegetated wetland or top of bank, whichever is closer to the pond. As such, the additional length and the large seating area need to be removed to be in compliance with the Orders of Conditions set for the structure as well as the approved plan of record. If you have any questions, or if you need any additional information, please feel free to contact me at the telephone number listed above. Sincerely, ,k20-(Lit_ (Si-t.Low Noelle Bramer Conservation Administrator CC: John O'Reilly, J. M. O'Reilly & Associates, Inc. www:rowN.BREWSTER.MA. US TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV September 1, 2020 Oliver Family Qual Personal Residence Trust of 2012 C/O George Oliver Sr 825 No Prospect Ave Unit 2802 Milwaukee, WI 53202 OFFICE OF CONSERVATION COMMISSION RE: Show Cause Hearing Correction for Unpermitted Dock Expansions Locus: 38 Captain Baker Road Assessors Map 72, Parcel 19 (formerly Map 41, Parcel 65) Dear Mr. Oliver, The Enforcement Order issued on August 31, 2020 requires your attendance at a Conservation Commission Hearing conducted via Zoom. In the Order, the date of that hearing was noted as September 8, 2020. The correct date for your attendance is October 6, 2020 at 6:30pm in order to provide time for scheduling. If you have any questions, or if you need additional information, please do not hesitate to contact the Conservation Department at the number listed above. Sincerely, Potat 6 -VA" Noelle Aguiar, Conservation Administrator WWW.BREWSTER-MA.GOV TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 135 FAX: (508)896-8089 CONSERVATION@TOWN.BREWSTER.MA.US ADMINISTRATIVE REVIEW FORM OFFICE OF CONSERVATION COMMISSION Office Use: Date Received: Fee Paid: Owner/Applicant Name: c>L)i.Se' A, C K, l t Date: /143/:z_c) Project Location: 22-1 LA&AA A)Dr: Map Parcel 6 I Mailing Address: ;z._21 La,ticirri5 (sett / ST i ity) Phone: 5ng - Kci-6 CO Email / Fax: ta ruct I- ale N co)-1-1 c sTI n et- Contractor/Representative: Taff -r-Le If —v I)) (-HALL( i Phone: ,c-30 • „.2.-K 5 - Other Contact Information (if necessary): PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) A, L-7K1 e 6teact -1-ree. and OcC 4 -2f) () bra Ak h niU f"crik.1 trEe (") Ve r ctin s ;rNs sh ;ES /-c) L-ORSG VC)Nd. lirilitiELA s -Eie\IC4— DESCRIPTION OF RESOURCE AREA AFFECTED: (Coastal Bank, Land Subject to Flooding, Salt Marsh, Beach, Dune, Vegetated Wetland, Inland Bank, Lake, Pond, River, Stream, Bog, Swamp, etc.) -Po kiaslcke 1. Site Access Authorization form is included? N 2. Will the proposed work take place within 50 feet of any resource area? Y 3. Is excavation by machinery required? Y / 4. Will there be disturbance to the ground? 5. Is removal of vegetation proposed? N 6. Is regrading proposed? (Addition or removal of soil?) Y 7. Is tree removal proposed? 6 1/ N • If so, how many? 8. Is pruning of trees proposed? - If so, please supply photo N 9. Is planting proposed? - If so, please supply a plan including species 10.1s removal of poison ivy or other nuisance or invasive species proposed? Y / • If so, please explain on an additional sheet 11.1s the use of herbicides proposed? Y /1F1 For office use only: Site Inspection Date: Date Ratified: Additional Filing Required: Approval: Conservation Administrator Comments: WWW.TOWN.BREWSTER.MA.US THIS FORM IS VALID FOR 6 MONTHS FROM DATE RATIFIED ADOPTED: 5/19/2008 TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM Date: g Project: nue alexia t nzwic vat) amp( avilivfa.rOtm) EXis k 60V zu13), Location: ;2_ a- 7 biikri , (0 F t 6 reu )Sre Property Owner: La 0( 5'e." A . CARA ',IF I (we) hereby authorize the individual members of the Brewster Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch 131, s. 40) and/or the Brewster Wetlands Protection Bylaw (Chapter 172). Additionally, if an Order of Conditions is issued for the project, I (we) grant permission for Commission members and the Commission's agents to enter the above referenced property for the purpose of inspecting for compliance with the Order of Conditions. This site access authorization is valid until a Certificate of Compliance is issued by the Conservation Commission. Authorized Signature: ac. Date: Please Print Name: 4-outs-6 A C kii,N If other than owner, please state whether tenant, agent, or other: Mailing Address: Lop i 5C A. e -Rfti- LAnict,-Kia Lerv:=Loste.k m 4 o2.(03 I Phone: 5og- ,2J60 Email: --E-2Nd cRA-PJ e (63 aLec_cvot,,ie f - 73i - 94'4 g Fax: Cell: Revised: May 2008 Attachment to 1/30/17 application to Brewster Conservation Commission for Administrative Review of Maintenance Vegetation Management Project Crane 227 Landing Drive Attached is a program prepared by Bartlett Tree Experts describing work on our property as a result of a conference with you on 1/26/17. We also anticipate cutting some bittersweet and briar infestations near the staircase. If you need further information or description, we will be happy to furnish it. You and your representatives are welcome to review any work proposed, in progress or completed, on site, at any time. • Owner/Applicant Name: TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 135 FAX: (508) 896-8089 CONSERVATION@TOWN.BREWSTER.MA.US ADMINISTRATIVE REVIEW FORM NIA- 41,41.A Project Location: /I /,‘elr y C -t-vv Mailing Address: ))t-v(NI NAO.D-A',3 Phone:a1G, 1 7 - 05 - () Email / Fax: '(\ 4 (,/\ c?,(ck/i\s6. L -49,.,1--c. Contractor/Representative: Phone: é 17.1te4i3r7 Other Contact Information (if necessary): PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) Ve---f\\t)3ev OFFICE OF CONSERVATION COMMISSION Office Use: Date Received: Fee Paid: Date: ms(, Map 33 Parcel ct t DESCRIPTION OF RESOURCE AREA AFFECTED: (Coastal Bank, Land Subject to Flooding, Salt Marsh, Beach, Dune, Vegetated Wetland, Inland Bank, Lake, Pond, River, Stream, Bog, Swamp, etc.) frt,t\(j, ftw -i92-41 _ 1. Site Access Authorization form is included? '(?)/ N 2. Will the proposed work take place within 50 feet of any resource area? Cti / N 3. Is excavation by machinery required? Y /QV 4. Will there be disturbance to the ground? 5. Is removal of vegetation proposed? N 6. Is regrading proposed? (Addition or removal of soil?) Y /0 7. Is tree removal proposed? N • If so, how many? 8. Is pruning of trees proposed? - If so, please supply photo 9. Is planting proposed? - If so, please supply a plan including species Y 10.1s removal of poison ivy or other nuisance or invasive species proposed? Y /10 • If so, please explain on an additional sheet 11.1s the use of herbicides proposed? Y For office use only: Site Inspection Date: Date Ratified: Additional Filing Required: Approval: Conservation Administrator Comments: WWW.TOWN.BREWSTER.MA.US THIS FORM IS VALID FOR 6 MONTHS FROM DATE RATIFIED ADOPTED: 5/19/2008 •• t"rrtg' //11V111111110 TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM Date: Project: (94-"L V,IADJLLi Location: VI r,arty- 121,-.A-6 \1 C-P-tu'44 Property Owner: .1\j rivto, *kali ets I (we) hereby authorize the individual members of the Brewster Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch 131, s. 40) and/or the Brewster Wetlands Protection Bylaw (Chapter 172). Additionally, if an Order of Conditions is issued for the project, I (we) grant permission for Commission members and the Commission's agents to enter the above referenced property for the purpose of inspecting for compliance with the Order of Conditions. This site access authorization is valid until a Certificate of Compliance is issued by the Conservation Commission. Authorized Signature: --) C ,4,1_, 1, Date: (2 ( ), -?..0 Please Print Name: 1\.)3 r If other than owner, please state whether tenant, agent, or other: Mailing Address: t ‘") 6 r Pr/114 )-1 Phone: ci 5A-131 Email: ncic,",c-to Cell: it Fax: (\ or Revised: May 2008 Erin and Thomas Champlin 106 Upland Circle Brewster, MA 02631 August 30, 2020 Brewster Conservation Commission 2198 Main Street Brewster, MA 02631 Dear Commission Members: After consulting with Noelle Aguiar, with our landscaper, St Peter Landscaping present, we are writing to request your permission to proceed with our annual vista pruning activities per our existing Order of Conditions, with the following clarifications: Remove invasive vines that are surrounding trees that are to the left of the marsh area approximately 30 feet from the back left corner of the house. Trim the overhead limbs of trees that are within 10 feet from the house for safety and access purposes, and to prevent wildlife from getting into our home. Thank you in advance for your consideration and approval. Kind Regards, Erin and Tom Champlin 1 Noelle Aguiar From:John O'Reilly <joreilly@jmoreillyassoc.com> Sent:Wednesday, September 2, 2020 7:09 AM To:Noelle Aguiar Cc:Alyson Konkol Subject:Lapidus Minor Plan Change DEP# SE 9-1793 Attachments:8014.Site Plan REVISED 8-31-2020.pdf Noelle, I have attached a PDF of the revised site plan for the Lapidus property on 115 Tides Court. The owners request the attached plan be made the plan of record for the orders of Conditions. The changes to the plan are rather minor. We have briefly outlined the changes below. Portion of the deck was removed to the south of the screen porch The exterior stairs on the driveway side, to the deck, has been eliminated. The access stairs from the driveway, down to the rear of the dwelling has been shifted up against the foundation. The screen porch was expanded, within the confines of the currently approved deck layout The deck is proposed to be squared off on the northern end The handicapped ramp in the front of the building is eliminated. The rinse station has been relocated to the northside of the dwelling. The changes result is a very minor reduction of the proposed coverages for the deck and dwelling within the 50 foot Buffer versus the previously approved siteplan. I am hoping to have this part of a review for the Commission at their next hearing, next Tuesday???. Let me know if you need hard copies of the plan. Thank you for the help. john John M. O’Reilly, P.E., P.L.S. Principal J.M. O’REILLY & ASSOCIATES, INC 1573 MAIN STREET P.O. BOX 1773 BREWSTER, MA 02631 OFFICE: 508-896-6601 FAX: 508-896-6602 Donna L Smith Chair, Pond Committee Robinwood Homeowner’s Association P.O. Box 1573 Brewster, MA 02631 Noelle Aguiar, MS Conservation Administrator Town of Brewster 1657 Main Street Brewster, MA 02631 September 1, 2020 Re: Minor Change Letter for SE 9-1830 Dear Ms. Aguiar: I am writing to request the following changes from what was presented in Robinwood Homeowner’s Association Notice of Intent and is reflected Addendum A to WPA Form 5 of the Final Order of Conditions: A27: Additional alterations to the stairway or decks Request: Add an additional post approximately 4 ft from the bottom of the left stair rail (facing the pond) to create an extension to the left-side stair railing. It would be finished in the same manner as the railing on the stairs. Justification: Placement of the extension would create an impassable barrier for any foot traffic on the far left side (facing the pond) thus ensuring that access to the pond is limited to the deck and stairs. A29: Material for ramp entry to the uppermost deck Request: Use permeable pavers instead of compacted decomposed granite for ramp entry to dock. Justification: Compacted decomposed granite is not recommended for use beside a wood deck because it will track onto the deck and ultimately into the pond. Permeable pavers will provide a safer and more stable surface, particularly to wheel chairs, while also being more environmentally friendly. Other: Request: Install permeable pavers (approx. 10 ft2) at the bottom of the stairs to provide stable transition area. Justification: Permeable pavers will provide a safer and more stable surface while also being environmentally friendly. If you have any questions, please do not hesitate to contact me at DLSmith1982@comcast.net. Thank you for your consideration, Donna L. Smith Donna L Smith Chair, Pond Committee Robinwood Homeowner’s Association