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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
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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
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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
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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.
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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!
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101 50/89/0
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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