HomeMy Public PortalAboutPlanning Board Packet 10/28/20 supplement to #2020-14tr-formw NextGrid SW-37 • rev. 12/17 Page 1 of 1
Enter your transmittal number x286674
Transmittal Number
Your unique Transmittal Number can be accessed online:
http://www.mass.gov/eea/agencies/massdep/service/approvals/transmittal -form-for-payment.html
Massachusetts Department of Environmental Protection
Transmittal Form for Permit Application and Payment
1. Please type or
print. A separate
Transmittal Form
must be completed
for each permit
application.
2. Make your
check payable to
the Commonwealth
of Massachusetts
and mail it with a
copy of this form to:
MassDEP, P.O.
Box 4062, Boston,
MA 02211.
3. Three copies of
this form will be
needed.
Copy 1 - the
original must
accompany your
permit application.
Copy 2 must
accompany your
fee payment.
Copy 3 should be
retained for your
records
4. Both fee-paying
and exempt
applicants must
mail a copy of this
transmittal form to:
MassDEP
P.O. Box 4062
Boston, MA
02211
* Note:
For BWSC Permits,
enter the LSP.
A. Permit Information
BWP SW-37
1. Permit Code: 4 to 7 character code from permit instructions
Post-Closure Use (Minor)
2. Name of Permit Category
Re-Use of Site Assigned Area of former Stump Dump for Ground-Mounted PV Facility
3. Type of Project or Activity
B. Applicant Information – Firm or Individual
NextGrid Patriots LLC a wholly owned subsidiary of NextGrid, Inc
1. Name of Firm - Or, if party needing this approval is an individual enter name below:
Culig
2. Last Name of Individual
Aaron
3. First Name of Individual
4. MI
P.O. Box 7775 #73069
5. Street Address
San Francisco
6. City/Town
CA
7. State
94120
8. Zip Code
720-217-5939
9. Telephone #
10. Ext. #
Daniel Serber, Dir. Land Development
11. Contact Person
daniel@nextgrid.com
12. e-mail address
C. Facility, Site or Individual Requiring Approval
Steven Daniels and Michael Antinarelli
1. Name of Facility, Site Or Individual
P.O. Box 646
2. Street Address
South Orleans
3. City/Town
MA
4. State
02662
5. Zip Code
508-246-2777
6. Telephone #
7. Ext. #
8. DEP Facility Number (if Known)
9. Federal I.D. Number (if Known)
10. BWSC Tracking # (if Known)
D. Application Prepared by (if different from Section B)*
Bennett Environmental Associates, LLC a Natural Systems Utilities Com pany
1. Name of Firm Or Individual
1573 Main Street
2. Address
Brewster
3. City/Town
MA
4. State
02631
5. Zip Code
508-896-1706
6. Telephone #
7. Ext. #
David C Bennett
8. Contact Person
9. LSP Number (BWSC Permits only)
E. Permit - Project Coordination
1. Is this project subject to MEPA review? yes no
If yes, enter the project’s EOEA file number - assigned when an
Environmental Notification Form is submitted to the MEPA unit:
EOEA File Number
F. Amount Due
DEP Use Only
Special Provisions:
1. Fee Exempt (city, town or municipal housing authority)(state agency if fee is $100 or less).
There are no fee exemptions for BWSC permits, regardless of applicant status.
2. Hardship Request - payment extensions according to 310 CMR 4.04(3)(c).
3. Alternative Schedule Project (according to 310 CMR 4.05 and 4.10).
4. Homeowner (according to 310 CMR 4.02).
Permit No:
Rec’d Date:
Reviewer: 4458
Check Number
$1,330.00
Dollar Amount
09/10/2020
Date
SW37 PostClosure Landfill - Renewable Energy Use (Revised
9.18.20) • 2/14
BWP SW 36, 37 • Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention – Solid Waste Management
BWP SW 36 Post-Closure Use – Major
BWP SW 37 Post-Closure Use – Minor
Application for Post-Closure Use Permit
X286674
Transmittal Number
Facility ID# (if known)
A. Project Information (all applicants must complete this section)
Important: When
filling out forms
on the computer,
use only the tab
key to move your
cursor - do not
use the return
key.
1. Which permit category are you applying for? BWP SW 36 BWP SW 37
2. Is MEPA review required for this project? Yes No
Plan/Report # Page # DEP Use Only
3. Post-closure use (310 CMR 19.016 & 19.143):
a. general description Section I 1-12
(1) current post-closure use Section I B 12-13
(2) proposed post-closure use Section II 13-15
(3) effect of changes Section I C 13
Directions:
Specify the
plan/report and
page numbers
in which the
following
information is
located.
b. effect on public health safety or the environment Section I C 13
4. Department-approved closure plan Pending
B. Project Information
Note: Complete
only sections
applicable to
requested post-
closure use.
Enter NA if
not applicable.
Plan/Report # Page #
1. Post-closure use plan/report:
a. site plan Appendices B
b. design plan
(1) original design Appendices B
(2) proposed design NA
(3) changes from original design NA
(4) closure/final cover integrity/function NA
c. drainage plan Appendices B
d. landfill gas control/monitoring plan NA
SW37 PostClosure Landfill - Renewable Energy Use (Revised
9.18.20) • 2/14
BWP SW 36, 37 • Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention – Solid Waste Management
BWP SW 36 Post-Closure Use – Major
BWP SW 37 Post-Closure Use – Minor
Application for Post-Closure Use Permit
X286674
Transmittal Number
Facility ID# (if known)
B. Project Information (cont.)
Plan/Report # Page # DEP Use Only
2. Additional plan/reports for constructing permanent
structures on filled areas:
a. settlement analysis
(1) waste characteristic - refuse, depth, age
composition, etc.
Section II E 16-17
(2) settlement monitoring - preloading, test fills
surveys, etc.
NA
b. design considerations
(1) differential settlement NA
(2) gas control/monitoring in structures NA
(3) final cover penetrations/integrity NA
(4) utility connections NA
C. Permit Review Documentation and Criteria
Note: Complete
all sections
applicable to
requested post
closure use.
Refer to
referenced
regulation citation
for applicability.
Enter NA if not
applicable.
Plan/Report # Page #
1. Documentation:
a. wetlands order of conditions Section III A 17-18
b. financial assurance estimate and mechanism
(310 CMR 19.051)
Section III E 19-20
2. Permit criteria:
a. (310 CMR 19.038(1)(d)) (all facilities)
(1) MEPA compliance Section III A 17-18
(2) site assignment limits Section III B 18
(3) compliance with facility specific regulations Section III F 20
(4) health & environmental impact assessment Section III C 18-19
SW-37: POST-CLOSURE USE (MINOR)
LANDFILL CLOSURE – POST CLOSURE PLANNING
Daniels/Antinarelli ANA Stump Dump
Off Freemans Way (aka 989 Freemans Way) [Parcel ID: 119-6 and 119-8]
Brewster, MA 02631
Project K11273DA.X.EV.901
SEPTEMBER 17, 2020
NextGrid Patriots LLC
A Wholly Owned Subsidiary of NextGrid, Inc.
P.O. Box 7775 #73069
San Francisco, CA 94120
SW37: POST-CLOSURE USE (MINOR)
LANDFILL CLOSURE – POST CLOSURE PLANNING
Daniels/Antinarelli ANA Stump Dump
Off Freemans Way (aka 989 Freemans Way) [Parcel ID: 119-6 and 119-8]
Brewster, MA 02631
Project K11273DA.X.EV.901
SEPTEMBER 17, 2020
Prepared For:
MA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Southeast Regional Offices: Bureau of Air and Waste/Solid Waste Section
20 Riverside Drive - Lakeville, MA 02347
Doug Coppi, Case Officer/Mark Dakers, Section Chief
Prepared By:
BENNETT ENVIRONMENTAL ASSOCIATES, LLC.
A NATURAL SYSTEMS UTILTIES COMPANY
1573 Main Street - Brewster, MA 02631
Adam G. Stern, PE – Engineer of Record
David C. Bennett, RS/LSP – Project Manager
On Behalf Of:
NextGrid Patriots LLC
A Wholly Owned Subsidiary of NextGrid, Inc.
P.O. Box 7775 #73069
San Francisco, CA 94120
Section I: Introduction
A. Site History and Background
Introduction
Compliance History
Environmental Monitoring
B. Property Description and Current Use
Property Description
Current Use
C. Effect of Changes: Public Health Safety and Welfare
Section II: Proposed Photovoltaic Facility Use
A. Post Closure Planning - Woodwaste Recovery
B. PV Facility Description
C. Final Grading and Cover
D. PV Array Mounting and Configuration
E. Settlement Analysis
F. Erosion and Sedimentation Controls
G. Drainage Plan and Stormwater Management
Section III: Permit Criteria
A. MEPA Compliance
B. Site Assignment
C. Health and Safety Impact
D. Enforcement Status
E. Financial Assurance Mechanism
F. Compliance with Applicable Laws and Regulations
Figures:
Figure 1: Site Locus Plan [USGS Topographic Quad., Orleans, MA. 2018] (excerpt)
Figure 2: Ground-Water Resources of the Cape Cod, MA… [LeBlanc et al, 1986] (excerpt)
Figure 3: MassGIS Priority Resource Map [2020]
Figure 4: Existing Conditions Plan w/PV Array and Identification of Site Assigned Lot 56 (excerpt)
Appendix
A. Historic Records
Site Assignment
Hydrogeological Investigation
Wood Waste Reclamation Facility Permit Application SW-19
Administrative Consent Order(s)
Environmental Monitoring Reports with ACO Plan
Post Closure Consultation Report and Communications
B. Proposed PV Re-Use Plan Set “Ground-Mounted Photovoltaic System…” BSC Group -
Brian Yergatian, PE #46206, Dated June 19, 2020 [Revised August 10, 2020]
C. Local Approval Applications
Cape Cod Commission DRI
Brewster Staff Review Application
Brewster Site Plan Review Application
Brewster Zoning Board of Appeals Application
1
SW37: POST-CLOSURE USE - MINOR
LANDFILL CLOSURE – POST CLOSURE PLANNING
Daniels/Antinarelli ANA Stump Dump
Off Freemans Way (aka 989 Freemans Way) [Parcel ID: 119-6 and 119-8]
Brewster, MA 02631
Project K11273DA.X.EV.901
I.INTRODUCTION
A.Site History and Background
Introduction
On behalf of NextGrid, Inc., the prospective owner of the subject property, Bennett
Environmental Associates, LLC. dba Natural Systems Utilities (BEA-NSU) has
prepared the following report in support of the BRP SW-37 solid waste permit
application. This application is submitted for the planned post-closure re-use of the
historic wood waste landfill (aka stump dump) as a ground-mounted photovoltaic
facility for the generation of renewable electrical energy. The majority of this project
falls within the Site Assigned area for stump dump activities as granted by the
Brewster Board of Health (1987), and as falling within the jurisdiction of the MA
Department of Environmental Protection (MassDEP) – Solid Waste Section and
Brewster Water Quality Review Committee requirements for such facilities.
The facility has a long history of non-compliance for not receiving the appropriate
approvals and permitting for such facilities and subject of several enforcement
actions, not least of which is the outstanding Administrative Consent Order [#ACO-
SE-10-4009] re-issued February 10, 2014. The ACO gives a factual history of
compliance history with documented summary with select documents included in the
appendices as they pertain to this application. In summary, an application was
historically filled but not acted upon and as a result contributed to a dispute between
the co-owners of the property regarding who is responsible for the Non-Compliances
cited and remaining work framed in the ACO. Most recently, there has been an
agreement between the two parties to enter into a Purchase and Sales Agreement
(P&S) with NextGrid for the purchase of the property with opportunity to resolve
from planned post closure re-use for construction of a ground-mounted PV facility.
As part of the P&S, NextGrid requires utility approvals for the photovoltaic facility
from National Grid, as well as local and state approvals for the Landfill Closure (SW-
43) and Post Closure Re-Use (SW-37). In preliminary communications with the State
and Town of Brewster officials, the planned return to compliance for the recovery and
disposal of buried wood waste, with planned green energy re-use of the industrial
zoned property, which falls within a Zone II – Wellhead Protection area, has been
favorably received.
2
In the Pre-Application Consultation with the MassDEP, a Return to Compliance
pathway was conceptually approved for expedited permitting outside of a
renegotiated ACO. The Department has tentatively agreed to accept the SW-37 Re-
Use application ahead of the SW-43 Landfill Closure application, as conditioned
upon the submittal and approval of the Landfill Closure application and the
completion of such work over the next twelve months. As such, this application
includes additional information on existing environmental conditions and planned
recovery as would normally be presented in the Landfill Closure report for context to
this application. Additional details on environmental conditions and planned
recovery will be provided in the SW-43 application to follow shortly after conditional
approval of the Re-Use application and initial Town of Brewster Staff Review was
conducted on August 6, 2020. Comments received in the Staff Review have been
incorporated into the revised plans presented herein. At the time of this filing, the
Site Plan Review and recommended Zoning Board of Appeals applications have been
made for public hearings on September 23, 2020 and October 13, 2020; respectively.
These local approvals will be advanced concurrently with the MassDEP Solid Waste
permitting.
Compliance History
In April 1985, Roland Mayo petitioned the Brewster Board of Health to approve the
use of his land off Freeman’s Way as a grandfathered stump dump as having been
used for the mining of sand and gravel and disposal of stumps and wood waste from
his excavation business dating back to 1956. The 5.3 acre property was identified as
Lot 56 in Book 4552, Page 607-608 at the Barnstable Registry. The petition was
approved at the April 4, 1985 Brewster Board of Health meeting, as conditioned by
the filing of plans and reports to the then MA Department of Environmental Quality
Engineering (MA DEQE, now MassDEP). Mr. Mayo subsequently sold Lot 56 to
Michael Antinarelli and Paul S. Daniels on May 22, 1985. Registry records indicate
that Michael Antinarelli and Paul S. Daniels subsequently purchased the abutting 5.13
acres of property from Herman E. Howes on May 28, 1985 and jointly owned a 50%
undivided interest in the parent property to the existing subject property.
Following communications from the Brewster Board of Health regarding the
requested grandfathered Site Assignment, the MA DEQE made an initial inspection
of the property on April 2, 1986. In communications with Paul Daniels on August 4,
1986 the MA DEQE advised the owners of their responsibility to document the
grandfathered use back to 1954, prepare a Hydrogeological Investigation, and apply
for permitting with an Operational Plan and Report under 310 19.00 “The Disposal of
Solid Waste by Sanitary Landfill.” Mr. Daniels was given until August 29, 1986 to
respond to this letter their intentions to meet the requirements of the letter. The
Brewster Board of Health re-opened and continued the Site Assignment hearing in
October 1986 pending receipt of the Hydrogeological Investigation. The Site
Assignment hearing was continued with notices to the owners again in February,
March and April 1987. A report entitled “Hydrogeological Investigation” by
Geological Services Corporation (April 1987) was received and reviewed by the
3
Brewster Board of Health and forwarded to the MA DEQE in July 1987 [Refer to
Appendix A]. The findings of the Hydrogeological Investigation reported some
background groundwater impacts Benzene, Ethylbenzene, Toluene, and Xylenes
compounds (commonly referred to as BTEX) in the upgradient monitoring wells
attributed to the abutting State Highway, wherein benzene exceeded the then
promulgated drinking water standards. Additionally, groundwater impacts were
reported in the downgradient wells. Based on this data, the private well on the
abutting property was cited as at risk and the sampling of that well and quarterly
monitoring of all monitoring wells was recommended. The findings were presented
to the Board of Health at the August 11, 1987 public hearing for the continuation of
deliberations on Site Assignment for continued use of the Lot 56 portion of the
property as a stump dump. The Site Assignment was granted at this hearing as
contingent on MA DEQE approvals and conditioned upon quarterly groundwater
sampling of the monitoring wells, disposal of brush and stumps only by Mayo,
Daniels and Antinarelli, and the provision of a locking gate at the entrance to the
property.
The public record is unclear on events following Site Assignment by the Brewster
Board of Health on August 11, 1987 as a letter dated August 26, 1991 from the
Brewster Health Director to the former DEQE (at this time MA DEP) indicates that a
full application with plans and reports for the licensing of the stump dump under the
Landfill permitting requirements was made on January 1989 but not acted on. In the
period between 1987 and 1991, the regulations and permitting procedures changed
and Timely Action Fees came into effect on January 1, 1991. The Department took
the position that they would not act on the permit without the new fees being paid and
the application became dormant. Despite letters written by State Senator
Rauschenbach to the MassDEP Commissioner, and by the Brewster Board of Health
to the Regional Engineer, the application remained dormant and not acted on.
In 1993, the MassDEP issued a Notice of Non-Compliance (NON-SE-93-4015) to
Paul Daniels for conducting unpermitted activities at the property with the disposal of
stumps and brush. In August 1997, another Notice of Non-Compliance (NON-SE-
97-4008) was issued to Paul Daniels for the same issues of unpermitted solid waste
activities. It is apparent that, based on failure of the MassDEP to act on permits filed
in 1989, the owners felt aggrieved and did not respond to such NON’s immediately.
Around this same time Paul Daniels was seeking Solid Waste permitting of a facility
in Orleans. For the permitting of both facilities, Paul Daniels as co-owner of the
Freeman’s Way property in Brewster, subsequently executed an Administrative
Consent Order for the Solid Waste permitting of the stump dump under SW-19
Approval to Construct (ATC) a Small Handling Facility permit application on
February 9, 2000. This application was prepared and submitted by Bennett &
O’Reilly, Inc. (BOI) on behalf of Paul Daniels and Mike Antinarelli on August 18,
2000. On September 28, 2001, MassDEP issued a Technical Deficiency Notice to
Daniels regarding the ATC application advising them that additional information
needed to be submitted. On March 20, 2002, Paul Daniels notified the MassDEP that
they were going to completely excavate all of the buried wood waste at the Site as a
4
means to close the stump dump and achieve compliance and entered into the First
Amendment to the Administrative Consent Order (#ACO-SE-00-4001)on December
27, 2002. This established a revised compliance schedule for the closure of the stump
dump.
On March 28, 2008, the MassDEP conducted a site inspection and observed that
unexcavated wood still existed at the Site. On June 18, 2008, MassDEP conducted an
enforcement conference with Paul Daniels regarding the issues of noncompliance at
the Site (i.e. not completing excavation and not conducting environmental
monitoring). At the end of the conference Mr. Daniels agreed to hire a professional
engineer to assess the situation and develop a compliance strategy. On September 29,
2008, Daniel’s consultant, Bennett Environmental Associates, Inc. (BEA), advised
MassDEP that since December of 2002, approximately 15,700 cubic yards (yds3) of
buried wood waste had been excavated, processed, and/or removed from the Site, and
that approximately 60,000 yds3 of buried stumps and wood waste remained. On
December 15, 2008, Mr. Daniels established a new and revised compliance schedule
for the excavation of the stump dump. At that time he agreed to continue to actively
excavate, process and remove all buried wood waste from the Site as a means to close
the landfill and achieve compliance. This work would include the removal of all
buried wood waste, soil sampling in the areas of the wood waste removal to
document absence of environmental impacts, groundwater sampling of on-site
monitoring wells, and the grading and revegetation of recovered areas.
On March 5, 2009, Mr. Daniels submitted a revised compliance schedule to MA DEP
requesting an extension of the deadlines. The proposed revised compliance schedule
requested four (4) years to complete the excavation and processing or removal of all
of the buried wood waste at the Site. On July 26, 2010, Mr. Daniels representatives
advised MassDEP that as a result of the on-going excavation/removal activities that
had been conducted at the Site, approximately 27,900 yds3 of buried wood waste
remains at the Site. However, reporting was not consistent and analytical results for
required groundwater monitoring during Fall/Winter 2008, Spring/Summer 2009 and
Fall/Winter 2009 had not been submitted. On September 3, 2010 the MassDEP and
Mr. Daniels entered into an Administrative Consent Order with Penalties (ACO-SE-
10-4009) for the completion of the same work described above over the course of two
(2) years, establishing a September 2012 deadline for work to be completed.
On behalf of the owners, BEA conducted groundwater sampling and documented
wood waste removal and soil sampling in areas where wood waste had been
recovered. Such quarterly reports were filed for March, June, October and December
2011 and in March 2012. In this period, virtually all the wood waste was removed
from the eastern half of the parent property by Mike Antinarelli. Mr. Antinarelli
claimed this division of the property was understood by the co-owners and that he had
removed wood waste from his side of the property, sloping the bank on the eastern
side. In August 2011, a request for an extension of the ACO September 2012
deadline was requested as based on equipment failure and demonstrated good faith.
5
Around this same time, Paul Daniels’ son, Steven Daniels, took over active
management of the day to day operations from his father. It is understood he
discounted the sole responsibility for cleanup of the western half of the parent
property as the responsibility of both parties. Such disagreement led to the
termination of consulting services and failure in meeting the September 2012
deadline under the re-negotiated ACO. This left some 33,000 yds3 of buried wood
waste in the western portion of the property, mostly outside the Site Assigned portion
of the property.
The public record indicates that the MassDEP granted an extension in August 2013 to
allow for the filing of Landfill Closure documents by March 2014, with reference to
oversight by Green Seal Environmental. No such filing was made and the record
shows that in December 2014, BEA was again retained for sampling and analysis of
the onsite monitoring wells and soil sampling in the areas of the prior wood waste
recovery completed in the period from 2010-2012. Such work was documented in a
report to the MassDEP dated February 25, 2015 with an estimated 13,500 cubic yards
of unprocessed wood waste remaining in the southwestern portion of the subject
property. However, no significant work towards the removal of the remaining wood
waste or the preparation and filing of the SW-43 Landfill Closure permit was
authorized or conducted.
In an apparent move to settle the dispute between the co-owners, the property was
subdivided in July 2015 as shown in Plan Book 660, Page 91, wherein the western
portion of the parent property, Lot 1, was deeded to Steven Daniels and the eastern
portion, Lot 2, was deeded to Mike Antinarelli. Each lot contained 225,006 square
feet of land area. The area of the former Lot 56 Site Assignment falls mostly within
the Antinarelli property, while the area of remaining wood waste falls within the
Daniels property.
Sometime in or around September 2019, NextGrid entered into a Purchase and Sale
Agreement with Steven Daniels and Michael Antinarelli for the entirety of the
property; both Lot 1 and Lot 2. In February 2020, NextGrid filed with the Cape Cod
Commission for a Jurisdictional Determination for Change of Use and automatic
Development of Regional Impact review for the proposed 3.2 MWdc PV Array on
with an estimated 7,056, 395W ground-mounted solar panels. In response to such
applications, the Commission in a letter dated February 7, 2020 indicated that the
project did not constitute a “Change of Use” under their regulations and was not
subject to a mandatory Development of Regional Impact Review.
NextGrid engaged the services of BEA-NSU in January 2020 to address the local and
state permitting for the planned re-use of the property as a green energy solar utility
with the 3.2 MWdc PV Array, as presented to the Cape Cod Commission. As part of
this work, BEA-NSU reached out to the Brewster Planning Department, Brewster
Water Quality Review Committee (BWQRC) and MassDEP to discuss the
outstanding compliance issues for planned Landfill Closure and Re-Use of the
property. BEA-NSU initially collected groundwater samples from the existing
6
monitoring wells to evaluate any environmental impacts as the pretext to such
negotiations. Following delays associated with the COVID-19 pandemic and
limitations under Executive Orders of the Governor, the initial Pre-Application
package was filed by mail with the MassDEP and copied to local officials on April
29, 2020. BEA-NSU later attended a BWQRC virtual meeting on May 29, 2020 as
an informative update to the Department heads regarding such work and an update on
ongoing discussions with the MassDEP. In preliminary discussions with the
MassDEP, an expedited permitting process for the filing of both the Landfill Closure
(SW-43) and Landfill Re-Use (SW-37), with the removal of all wood waste within 12
months, had been discussed outside of a renegotiated Administrative Consent Order.
This would allow for the submittal of the SW-37 Re-Use permit application ahead of
the Landfill Closure SW-43 permit application. This request was based on securing
commission approvals for the utility and local approvals under zoning and the Site
Plan Review process. It was understood that any such deviation from standard
sequencing of the permits was contingent upon the final Re-Use approval, which
would be conditioned upon the final approval of the Landfill Closure permit, with the
removal of the wood waste documented and supported by groundwater and soils
testing and the filing of As-Built plans with certifications. Written correspondence
from the MassDEP of this understanding was requested but not received at the time of
this SW-37 Re-Use Application.
A project plan set was filed with a Staff Review request application to the Town of
Brewster on July 17, 2020. The Staff Review ZOOM meeting was conducted on
August 6, 2020. Comments were incorporated and resulted in plan revision. The
revised PV array plan set, with Stormwater Management and Operations and
Maintenance plans, were filed with the Brewster Planning Board on August 12, 2020
for a September 23, 2020 public hearing. As part of the local approvals, a Zoning
Board of Appeals application is pending submittal by September 8, 2020 for an
October 13, 2020 public hearing. The application seeks variances for front and
sideline setbacks. The variances may be eliminated or “de-minimis” as based on the
intended purchase of a small triangular parcel of land owned by the Town of Brewster
as granted by road taking for Route 6 with owner’s unknown or tax taking.
Preliminary indications through prior meetings and Staff Review are supportive of the
project cleanup and re-use of the property for a green energy initiative, as consistent
with Industrial Zoning within the Solar Overlay and Water Protection Overlay
Districts.
Environmental Monitoring
The assessment of environmental impacts and potential exposure risks to identified
human and environmental receptors associated with wood waste burial is a critical
part of the solid waste operations and permitting for the subject facility. This is
particularly true of the subject grandfathered location that falls within the Zone II
Wellhead Protection area for the Brewster Municipal wellfields, and until 1993 had a
downgradient private well on the abutting VFW property at 989 Freeman’s Way. In
7
1993, the property was connected to the municipal public water supply water mains
that run down Freemans’ Way to service the area.
There are no known private potable wells within 500’ downgradient of the property.
Several properties within the abutting Industrial Park at 0 Commerce Drive
(Antinarelli 131-1-6, Edward 131-1-3), as cross-gradient, still have private wells
although town water is available. A review of Brewster Health and Water
Department records indicates that these properties have approved wells greater than
200’ from the subject property line and that water was tested and passed local criteria
at the time of installation and/or replacement. Additionally, in 2000 as part of the
solid waste permitting, the private well at the Antinarelli property was tested for
volatile organic compounds (VOCs) and reported all compounds as Non-Detect
(ND), with the exception of chloroform and styrene. These compounds were reported
at trace concentrations significantly below the then published drinking water
standards and were unrelated to buried wood waste. It is noted that the onsite MW-4
monitoring well is intermediate to these private wells and located as a sentinel
monitoring point to detect any groundwater impairment attributed to wood waste
burial ahead of reaching these private wells.
As part of the original Site Assignment process, a “Hydrogeological Investigation”
was submitted by Geological Services Corporation (April 1987) that included
information on subsurface geology, site-specific groundwater flow and groundwater
analysis. The findings of the Hydrogeological Investigation reported some
background groundwater impacts (BTEX) in the upgradient monitoring wells
attributed to the abutting State Highway wherein benzene exceeded the then
promulgated drinking water standards. Additionally, groundwater impacts were
reported in the downgradient wells. Based on this data, the private well on the
abutting property was cited as at risk and the sampling of that well and quarterly
monitoring of all monitoring wells was recommended.
In 1989, Coastal Engineering was engaged for the groundwater sampling and
conducted sampling of the onsite monitoring wells and analysis of groundwater
samples in January and July 1989 and again in June 1991. No significant groundwater
impacts were reported with VOC compounds and Total Phenols reported as Below
Reporting Limits (BRL). Low level chloroform was reported as significantly below
the then promulgated drinking water standards. Chloroform was noted as naturally
occurring and ubiquitous to the Cape Cod Aquifer. Yearly testing continued through
1994, with similar results and no evidence of significant groundwater impacts.
In August 1997, a Notice of Non-Compliance (NON-SE-97-4008) was issued to Paul
Daniels for unpermitted solid waste activities and failure to conduct groundwater
testing. Mr. Daniels, as co-owner of the property, subsequently executed an
Administrative Consent Order for the solid waste permitting of the Freeman’s Way
stump dump under the SW-19 permit application for Approval to Construct a Small
Handling Facility (ATC) on February 9, 2000. In April 2000, the monitoring wells
were sampled and the analytical protocols expanded under the Wood Waste
8
Reclamation…” Guidance Policy BWP-98-006, Appendix A. Analytical results for
the expanded protocols again reported no significant impacts associated with the
prescribed VOC’s, semi-volatiles, inorganic drinking water metals and basic wet
chemistry (secondary standards) with the exception of manganese above the SMCL
standards in the downgradient monitoring wells. Elevated manganese is not
uncommon and reported in the upgradient G3 well near Rafe Pond in the Brewster
wellfield. In the evaluation of the occurrence of manganese in the downgradient
wells at the subject property, the total organic carbon and tannins in the upgradient
and downgradient wells were consistent and no significant impact to groundwater
was attributed to buried wood waste.
On September 28, 2001, MassDEP issued a Technical Deficiency Notice to Mr.
Daniels regarding the ATC application advising them that additional information
needed to be submitted. On March 20, 2002, Mr. Daniels notified MassDEP that they
were going to completely excavate all of the buried wood waste at the Site. This First
Amendment to the Administrative Consent Order (#ACO-SE-00-4001) was issued on
December 27, 2002 for the removal of all wood waste and preparation of a closure
certification report with soil and groundwater testing, as well as sloping and re-
vegetation of disturbed areas by January 31, 2005.
No soil or groundwater testing has been identified for this period and on failure to
submit the required information under the ACO, in March 2008 additional
enforcement was attempted by the MassDEP wherein the timeline was extended for
wood waste removal and landfill closure to March 2013 with Green Seal
Environmental (GSE) named as the consultant of record. On September 2008, GSE
filed a report to the MassDEP for the installation and testing of monitoring wells. At
the time, only one (1) of the four (4) monitoring wells seemed to be viable. The
upgradient MW-1 was installed and the downgradient MW-2 and MW-3 were
installed at this time. The testing of these wells reported analytical results consistent
with limited testing in the 1990’s, as well as the expanded sampling protocol for
testing in 2000 wherein VOC’s, semi-volatile polynuclear aromatic hydrocarbons
(PAH) compounds, inorganic metals and standard wet chemistry with primary and
secondary standard testing reported no significant impacts aside from elevated
manganese reported above the SMCL standard in all monitoring wells and elevated
color and TSS in the downgradient MW-2 monitoring well. This report also
summarized prior testing in 1989, 1991 and 1994 wherein no significant impacts or
groundwater quality impairment was reported and opined.
In 2010, the MassDEP identified the absence of significant work progress and noted
failure to submit semi-annual groundwater testing results for Fall/Winter 2008,
Spring/Summer 2009, and Fall/Winter 2009. Subsequent to such notice, in February
2010 GSE produced analytical results for monitoring well sampling and analysis for
October 2009 wherein MW-4 was reported as dry. This report indicated that total
chromium and lead were reported above their respective drinking water standards
MMCL, but GSE opined that this was not attributed to wood waste burial. Although
not specified, elevated total metals are typical in monitoring wells not fully developed
9
and with turbidity, and there is an allowance for re-sampling and comparison with
filtered samples for dissolved metal concentrations. Bennett Environmental
Associates, Inc. (BEA) was retained in March 2010 following such reporting and re-
tested MW-2 for both total and dissolved lead and chromium. [Note the majority of
sampling and work associated with the subjected projected was completed by BEA
prior to its merger with Natural Systems Utilities in January 2019]
Analytical results for samples collected in April 2010 reported both total and
dissolved concentrations of lead and chromium in MW-2 as Below Reporting Limit
(BRL) with the reporting limit concentrations less than the then promulgated MMCL
standards. BEA-NSU continued to document wood waste recovery and conducted
soil and annual groundwater sampling in quarterly reports to the MassDEP and local
authorities from March 2011 to March 2012. This groundwater testing was consistent
with historic testing wherein no VOC, PAHs or metals impacts were reported, though
manganese and iron concentrations were consistently elevated above the SMCL
standards in both upgradient and downgradient wells. Additionally, soil testing under
the areas of wood waste recovery reported no significant environmental impacts in
the VOC’s, EPH/PAH’s and metals testing conducted. As such, no significant soil or
water quality impairment was noted [Refer to Quarterly Reports and ACO Plan –
Appendix A]. BEA terminated services in June 2012 and reinstated services for one
round of sampling in 2015. No groundwater quality impairment was reported in this
January 2015 sampling event.
In 2020, Bennett Environmental Associates, LLC (BEA-NSU) was engaged by
NextGrid and reinstated services including quarterly groundwater monitoring and
negotiations to seek necessary permits for the planned re-use of the property for the
green energy initiative described. The most recent soil and groundwater analyses for
the property are summarized below in Table 1 and Table 2.
10
Zone 1 Zone 2 Zone 3 Zone 4
2/8/11 2/8/11 1/14/15 3/23/20
20 30 ND (<1.2)ND (<1.2)ND (<5.15)ND (<2.01)
20 20 ND (<3.6)ND (<3.5)ND (<2.6)1.82
1,000 3000 7.4 7.7 2.2 4.02
100 200 ND (<0.36)ND (<0.35)ND (<0.052)ND (<0.201)
2 100 ND (<0.6)ND (<0.58)ND (<0.26)ND (<0.402)
30 200 3.1 3 ND (<1.6)2.21
300 600 ND (<6)ND (<5.8)3.2 2.19
20 30 ND (<0.02)ND (<0.018)ND (<0.100)ND (<0.076)
20 1000 8.7 8.6 ND (<1.0)1.44
400 700 ND (<6)ND (<5.8)ND (<5.2)ND (<2.01)
100 200 ND (<1.2)ND (<1.2)ND (<1.0)ND (<0.402)
8 60 ND (<6)ND (<5.8)ND (<2.6)ND (<2.01)
600 700 5.2 4.6 1.4 4.08
2,500 3000 6.7 8 3.4 5.31
I I ND ND ND 0.03
6 50 ND ND ND 0.03
0.7 80 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
4 3000 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
1 10 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
1,000 3000 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
7 40 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
2 7 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
7 40 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
1,000 3000 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
70 400 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
NS NS ND (<22)ND (<22)ND (<21)ND (<6.68)
1,000 3000 ND (<22)ND (<22)ND (<21)ND (<6.68)
3,000 5000 ND (<22)ND (<22)ND (<21)ND (<6.68)
1,000 3000 ND (<22)ND (<22)ND (<21)ND (<6.68)
70 400 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
0.7 4 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
1,000 3000 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
1,000 3000 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
7 40 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
4 20 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
10 1000 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
1,000 3000 ND (<0.56)ND (<0.55)ND (<0.4)ND (<0.334)
RCS-2 = Massachusetts Reportable Concentration Soils Standard 2
NA = Not Analyzed for Indicated Compound
NS = No Standard
I = VOCs Standards Specific to Individual Compound
U↓ = All VOC Compounds Analyzed but not found, except Compound Specified Below
U = Analyzed but not found; detection limit listed
= Indicates an exceedance of Reportable Concentration Standard
= Analyzed but not found; detection limit above a Standard
Table 1: Results of Soil Analyses Compared to RC Standards
Daniels/Antinarelli Property - Samples collected February 2011 to March 2020
RESULTS (mg/kg)STANDARDS (mg/kg)
Lead, Total
TOTAL METALS
Antimony, Total
Cadmium, Total
Chromium, Total
RCS-1PARAMETER RCS-2
Arsenic, Total
Barium, Total
Beryllium, Total
POLY-NUCLEAR AROMATIC HYDROCARBONS (PAHs)
Mercury, Total
Nickel, Total
Selenium, Total
Silver, Total
Thallium, Total
Vanadium, Total
Zinc, Total
VOLATILE ORGANIC COMPOUNDS (VOCs)
Total VOCs
Acetone
C19-C36 Aliphatics
2-Methylnaphthalene
Acenaphthene
Acenaphthylene
Anthracene
Benzo(a)anthracene
Benzo(a)pyrene
Benzo(b)fluoranthene
Benzo(ghi)perylene
Benzo(k)fluoranthene
C11-C22 Aromatics
C11-C22 Aromatics, Adjusted
Fluorene
Naphthalene
Phenanthrene
Pyrene
C9-C18 Aliphatics
Chrysene
Dibenzo(a,h)anthracene
Fluoranthene
Indeno(1,2,3-cd)Pyrene
11
PARAMETER
Sep-10 Sep-11 Jan-15 Mar-20 Jun-20 Sep-10 Sep-11 Jan-15 Mar-20 Jun-20 Sep-10 Sep-11 Jan-15 Mar-20 Jun-20 Sep-10 Sep-11 Jan-15 Mar-20 Apr-20 Jun-20
Arsenic 0.01 0.01 NS NA NA <0.001 <0.005 <0.005 NA NA <0.001 0.006 <0.005 NA NA <0.001 <0.005 <0.005 NA NA 0.0020 0.0381 <0.005 <0.005
Barium 2 2 NS 0.07 0.079 0.108 0.085 0.09 <0.05 <0.010 <0.050 <0.01 <0.01 <0.05 <0.010 <0.050 <0.01 <0.01 <0.05 0.036 <0.050 0.031 <0.01 <0.01
Cadmium 0.005 0.004 NS NA NA <0.005 <0.004 <0.004 NA NA <0.005 <0.004 <0.004 NA NA <0.005 <0.004 <0.004 NA NA <0.005 0.008 <0.004 <0.004
Calcium NS NS NS NA NA NA 3.02 3.05 NA NA NA 6.83 6.22 NA NA NA 3.56 2.12 NA NA NA 9.43 5.9 5.8
Chromium 0.100 0.1 NS NA NA <0.050 <0.01 <0.01 NA NA <0.050 0.032 <0.01 NA NA <0.050 0.015 <0.01 NA NA <0.050 0.028 <0.01 <0.01
Copper 1.3 10 NS NA NA <0.010 <0.01 <0.01 NA NA <0.010 <0.01 <0.01 NA NA <0.010 <0.01 <0.01 NA NA <0.010 0.143 <0.01 <0.01
Iron 0.3/1.0 S NS NS <0.1 0.06 0.634 <0.05 <0.05 0.6 0.33 1.07 1.34 0.197 0.2 <0.05 <0.100 0.236 <0.05 7.2 0.57 6.36 14.8 2.04 1.99
Lead 0.015 0.01 NS <0.005 <0.010 <0.001 <0.01 <0.01 <0.005 <0.010 <0.001 <0.01 <0.01 <0.005 <0.010 <0.001 <0.01 <0.01 0.005 <0.010 <0.001 <0.01 <0.01 <0.01
Manganese 0.3 G NS NS 0.7 0.774 0.429 0.224 0.215 0.13 0.10 0.042 0.065 0.024 <0.05 <0.010 <0.010 0.012 <0.01 0.81 0.806 0.43 0.209 0.145 0.15
Mercury 0.002 0.002 NS NA NA <0.0005 <0.0002 <0.0002 NA NA <0.0005 <0.0002 <0.0002 NA NA <0.0005 <0.0002 <0.0002 NA NA <0.0005 0.0018 <0.0002 <0.0002
Selenium 0.05 0.1 NS NA NA <0.002 <0.01 <0.01 NA NA <0.002 <0.01 <0.01 NA NA <0.002 <0.01 <0.01 NA NA <0.002 <0.01 <0.01 <0.01
Silver 0.1 S 0.007 NS NA NA <0.050 <0.007 <0.007 NA NA <0.050 <0.007 <0.007 NA NA <0.050 <0.007 <0.007 NA NA <0.050 <0.007 <0.007 <0.007
Sodium 20 G NS NA NA NA 34.2 43.4 NA NA NA 14.3 14 NA NA NA 39 31.9 NA NA NA 29.6 40.9 32.9
Zinc 5 S 0.9 NS NA NA <0.10 <0.05 <0.05 NA NA <0.10 <0.05 <0.05 NA NA <0.10 <0.05 <0.05 NA NA <0.10 0.081 <0.05 <0.05
Total VOCs I I ND ND ND 0.001 ND 0.001 0.0012 ND ND ND 0.002 0.0023 0.002 0.0022 0.0015 ND ND ND ND NA ND
Chloroform 0.07 G 0.05 20000 ND ND ND 0.001 ND 0.001 0.0012 ND ND ND 0.002 0.0023 0.002 0.0022 0.0015 ND ND ND ND NA ND
2-Methylnaphthalene NS 0.01 2000000 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Acenaphthene NS 0.02 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Acenaphthylene NS 0.03 10000000 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Anthracene NS 0.03 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Benzo(a)anthracene NS 0.001 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Benzo(a)pyrene 0.0002 0.0002 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Benzo(b)fluoranthene NS 0.001 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Benzo(ghi)perylene NS 0.02 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Benzo(k)fluoranthene NS 0.001 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Chrysene NS 0.002 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Dibenzo(a,h)anthracene NS 0.0005 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Fluoranthene NS 0.09 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Fluorene NS 0.03 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Indeno(1,2,3-cd)Pyrene NS 0.0005 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Naphthalene NS 0.14 1000000 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Phenanthrene NS 0.04 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Pyrene NS 0.02 NS ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 <0.0001 ND ND <0.0001 <0.0001 NA <0.0001
Tannin & Lignin NS NS NS <0.20 <0.20 <0.12 <0.2 <0.2 <0.20 <0.20 <0.12 <0.2 <0.2 <0.20 <0.20 <0.12 <0.2 <0.2 2.3 0.50 5.2 2.0 NA <0.2
COD NS NS NS <20 <20 12 <20 <20 60 <20 10 <20 <20 <20 <20 <10 <20 <20 79 52 31 160 NA <20
TOC NS NS NS 1.4 1.4 <5 0.88 0.78 <0.5 <0.50 <5 <0.5 <0.5 0.7 0.63 <5 <0.5 <0.5 19 12 8.3 7.8 NA 4.5
Alkalinity (as CaCO3)NS NS NS 13 15 <1.0 6.6 6.3 21 21 22 31.4 31.7 7 8.9 4.1 7.1 7.3 49 62 61 34.4 NA 30.9
Chloride 250 S NS NS 73 45 71 63 75 25 26 27 20 21 48.0 51.0 67.0 73.0 49 31 26 26 51 NA 52
Cyanide, Total 0.2 0.03 NS NA NA <0.01 <0.005 <0.005 NA NA <0.01 <0.005 <0.005 NA NA <0.01 <0.005 <0.005 NA NA <0.01 <0.005 NA <0.005
Total K Nitrogen (TKN)10 NS NS <0.5 0.3 <0.50 <0.3 <0.3 <0.5 <0.30 <0.50 0.76 <0.3 <0.5 <0.30 <0.50 <0.3 <0.3 7.3 2.8 1.2 3.0 NA <0.3
Nitrate-N 10 NS NS 0.35 NA 0.96 0.597 0.377 0.40 NA 0.30 0.34 0.322 0.14 NA 0.14 0.271 0.277 0.08 NA 2.90 1.13 NA 0.273
Nitrate/Nitrite-N 10 NS NA 3.90 NA NA NA NA <0.36 NA NA NA NA 0.17 NA NA NA NA 2.70 NA NA NA NA
Nitrogen, Total NS NS NS 0.60 4.2 1.21 0.757 0.527 0.65 0.33 0.55 1.097 0.472 0.39 0.32 0.35 0.421 0.427 7.38 5.50 4.10 4.16 NA 0.423
Phelol, Total NS NS NA NA <0.01 NA NA NA NA <0.01 NA NA NA NA 0.02 NA NA NA NA <0.01 NA NA NA
Sulfate 250 S NS NS 8 <10 6.4 <10 <10 6 <10 6.8 <10 <10 6 <10 6.9 <10 <10 18 18 20 15 NA <10
Sulfide NS NS NS <0.2 <0.10 <0.25 <0.1 <0.1 <0.2 <0.10 <0.25 <0.1 <0.1 <0.2 <0.10 <0.25 <0.1 <0.1 <0.2 <0.10 <0.25 <0.1 NA <0.1
Total Dissolved Solids 500 S NS NS 210 140 NA 140 110 150 120 NA 92 72 110 120 NA 140 130 160 180 NA 140 NA 130
Total Suspended Solids NS NS NA NA 7 NA NA NA NA 22 NA NA NA NA <2 NA NA NA NA <2 NA NA NA
Temperature (oC)NS NS NS 59 54 53.17 53 54.5 60 54 51.07 52.1 52.3 60 53 52.22 53 53.4 62 56 54.61 52.5 60.9 56.7
pH (pH units)6.5-8.5 S NS NS 5.12 5.36 11.12 5.05 4.7 6.05 4.52 11.12 6.38 6.1 5.33 5.28 11.13 5.66 5.37 5.57 4.95 10.57 6.11 5.87 5.42
Specific Conductivity (uS/cm)NS NS NS 361 188 190 148.4 177.1 136 120 98 82.5 83 177 158 167 163.2 126.6 240 230 195 162.2 185.7 161.8
Dissolved Oxygen (mg/L)NS NS NS 3.04 2.08 4.85 7.64 7.26 5.71 0.13 5.07 4.42 3.95 7.39 0.16 11.04 10.63 8.84 2.45 0.12 1.00 5.44 2.36 3.78
MDWS = Massachusetts Drinking Water Standard (MMCL)
RCGW-1 = Massachusetts Reportable Groundwater Concentration Standard 1
NA = Not Analyzed for Indicated Compound
G = Massachusetts Drinking Water Guideline (ORSG)
S = Secondary Maximum Contaminant Levels (SMCL)
NA = Not Analyzed for Indicated Compound
NS = No Standard
I = VOCs Standards Specific to Individual Compound
U↓ = All VOC Compounds Analyzed but not found, except Compound Specified Below
U = Analyzed but not found; detection limit listed
= Indicates an exceedance of MMCL, ORSG, or Reportable Concentration Standard
= Indicates an exceedance of SMCL
= Analyzed but not found; detection limit above a Standard
* Dissolved
MW-1A
FIELD PARAMETERS
GENERAL CHEMISTRY
AGGREGATE ORGANIC CONSTITUENTS
STANDARDS (mg/l)
RCGW-1 GW-2MDWS MW-4
Table 2: Temporal Groundwater Analysis Summary - September 2010 through June 2020
METALS (DISSOLVED)
POLY-NUCLEAR AROMATIC HYDROCARBONS (PAHs)
VOLATILE ORGANIC COMPOUNDS (VOCs)
Brewster, Massachusetts
Off of Freemans Way
Daniels/Antinarelli Property
MW-3MW-2
12
Notwithstanding the compliance history and gaps in the environmental testing of on-
site monitoring wells, no buried banned materials, municipal solid waste (MSL) or
construction and demolition debris (C&D) have been reported and at least 10’ of
groundwater separation has been maintained. Although there have been periodic hits
of various metals reported above the drinking water standards, re-testing for both
total and dissolved concentrations has shown such impacts as non-persistent and as
false positives associated with sample turbidity. In the historic groundwater
sampling, no significant groundwater impacts have been reported nor have any
significant exposure risks to human or environmental receptors been identified as
associated with the historic use of the property. Likewise, soil testing in the areas of
recovered wood waste show no significant soil impacts, nor have any significant
exposure risks to human or environmental receptors been identified.
B.Property Description and Current Use
Property Description
The subject property consists of two parcels of land with a combined 10.4 acres of
land area, located immediately east of the intersection of State Highway - Route 6 and
north of Freeman’s Way in Brewster MA. The property is between Exit 11 and Exit
12, some 2 ½ miles west of Orleans Center and 2 ½ miles south of Brewster Center in
the Industrial Zone District across the street from the Captains Golf Course. [Refer to
Figure 1].
The property is entirely upland as extensively excavated from a topographic high
along the perimeter of elevation 100, to elevation 60 (NAVD88) in the bottom of the
pit. Regional groundwater is projected at elevation 32(+/-) with a regional
groundwater flow to the east [Refer to Figure 2]. There are no buildings located on
the property with stockpiled unprocessed wood waste (totaling approximately 15,500
+/- yds3) still buried against the banking along its western side and at the top of the
banking on western sideline. Adjacent to this area is another pile of partially
processed wood waste (5,200 yds3), as centrally located on the western side of the
property. A stockpile of loam screened from the wood waste (4,400 yds3) is located
in the northern portion of the western side of the property. In the eastern side of the
property, several smaller piles of boulders, woodchips, mulch, sand and clean fill
exist. On the eastern side of the property, closest to the entrance, is a low-lying area
that collects stormwater [Refer to Existing Conditions Plan – Appendix A].
Current Use
The subject property is currently under to a Cease and Desist Order and can no longer
accept any additional wood waste. The property is currently used solely for the
stockpiling of materials used in the owner’s day to day operations as excavation and
landscape contractors. No significant recovery or processing of wood waste has been
reported over the past 3 years.
13
The area is moderately to sparsely developed with the Brewster Recreation Fields and
Watershed to the west, municipal golf course to the south, mostly land-locked
undeveloped land to the north, and industrial and commercial use properties and
facilities to the east, including other sand and gravel mining and a permitted solid
waste handling facility. Ironically, the Industrial District falls almost entirely within
the Zone II Wellhead Protection areas for the Brewster and Orleans municipal
wellfields. Within the Brewster Watershed endangered species are noted and to the
north, vernal pools are mapped [Refer to Figure 3].
C.Effect of Changes: Public Health, Safety and Welfare
The planned PV facility use of the Site Assigned area of wood waste burial
and recovery with the filing of the Landfill Closure and Facility Re-Use and
benefit of local approvals will address the outstanding compliance issues
under the ACO. The influx of capital associated with the project will result
in the anticipated removal of all buried wood waste and eliminate potential
for any significant environmental impacts associated with past historic
operations. Furthermore, in the current state of non-compliance and under
the Stop Work Order, the property is derelict and such green energy initiative
is comparable to Brownfields Recovery wherein the property is brought back
into a useful and beneficial role with regards to alternative energy for the
reduction of carbon emissions and related climate change concerns, as within
the stated policy objectives of the Commonwealth. Additionally, such
planned re-use benefits the local community as consistent with the role and
expressed intension of the Solar Overlay and Water Quality Overlay within
the Industrial District as expressly encouraged and compatible with the
Brewster Zoning By-Laws wherein such ground-mounted solar arrays and
utility use is encouraged as mutually compatible. As such, the project clearly
advances the interest of Public Health, Safety and Welfare on a local,
regional and state level.
II.PROPOSED PHOTOVOLTAIC FACILITY USE
A.Post Closure Planning – Wood waste Recovery
In prior communications with the MA Department of Environmental
Protection, Southeast Regional Offices, as framed in the Pre-Application
Consultation correspondence (4/29/20) and subsequent communications under
COVID-19 protocols, an understanding for expedited permitting was
advanced. It is understood that the expedited permitting of the wood waste
facility would be simplified and that in order to get utility approvals, the
Department would accept this Re-Use Application in advance of the
certification of Landfill Closure Permitting. It is understood and agreed upon
by the parties that any such approvals of the SW37: Post Closure Use will be
contingent on the submittal and approval of the SW43 Landfill Closure
Completion and that, as limited under COVID-19 protocols and demonstration
14
of intent, the entirety of the project will take place over an accelerated
timeline for construction of the facility in the first quarter of 2021. Hence, the
Post-Closure Planning is included herein.
Following the submittal and conditional approval of the SW-37 permit
application and local approvals under Site Plan Review and Zoning Board of
Appeals as scheduled to be completed by mid-October 2020, the applicant
will take possession of the property and begin wood waste recovery
operations for the removal of the estimated 23,300 +/- yds3 of un-process and
partially processed wood waste still located on the property, as accumulated
against the banking of the former gravel pit. Some 2000 yds3 of an estimated
4,400 yds3 of the screened loam from recovery operations will be re-used in
the final groundcover to support revegetation and not included in the estimate
for material needing to be removed and managed to support landfill closure.
During the course of wood waste recovery, any unsuitable or banned materials
will be segregated and isolated for disposal at an appropriately licensed
facility. Otherwise, the wood waste will be excavated and hauled to Cape
Sand and Recycling as a duly licensed Handling Facility and active sand and
gravel mining operation for aboveground processing. It is anticipated in the
aggressive permitting schedule that this work can be completed within four
weeks, as supervised and documented by BEA-NSU.
At the end of such work, soil sampling of native underlying material at a
density of not less than five (5) per 40,000 square feet will be collected for
field inspection and photoionization screening. Soil sampling will be
documented in the Landfill Closure report and include any additional
laboratory results for any identified “hot-spot” and/or as composited for
laboratory analysis for volatile organic compounds (VOCs, EPA 8260B), MA
DEP Metals (EPA 6010B/7471A) and extractable petroleum hydrocarbons
with polynuclear aromatic hydrocarbons (EPH/PAHs). Additionally, until
such wood waste recovery is completed, quarterly groundwater sampling and
analysis of the on-site monitoring wells will continue under the protocols
specified within the “Wood Waste Reclamation Facilities Siting and
Permitting Requirements”, Appendix A (Guidance #BWP-98-006).
B.PV Facility Description
The proposed re-use of the Site Assigned portion of the parent property, and
other areas of the property where wood waste accumulations remain, are
intended to be re-used for the construction of 3.2 MWdc ground-mounted
photovoltaic facility with some 7056-395W panels at a 20 degree tilt with
southern exposure as covering some 5.86 +/- acres of the parent property 10.4
+/- acres of land area. This revised lower number of panels and voltage is a
result of property limitations realized on the review and consideration of
surveyed existing conditions following the Cape Cod Commission submittal
15
for jurisdictional determination. Now, of the 7056 panels proposed,
approximately 3,423 of these PV panels fall within the area of Site
Assignment.
C.Final Grading and Cover
Following completion of wood waste recovery and management, and with the
benefit of analytical results documenting no significant environmental impacts
to underlying soils and groundwater, the slopes of the former gravel pit will be
graded to the specifications on the BSC Group plan set entitled “Ground-
Mounted Photovoltaic System – 0 Freemans Way Brewster, MA”, Brian
Yergatian, PE #46206, Dated June 19, 2020 (Revisions through 8/10/20)
[Refer to Appendix B]. Temporary drainage will be provided during
construction by constructed drainage swales. Final grading will divert
stormwater to a series of leaching catch basins in a 62’ x 10’ gallery
configuration; centrally located on the property beneath the planned PV array.
Silt controls will be put in place until ground cover has been established
through planned re-vegetation, wherein a portion of the stockpile topsoil (8-
12”) will be used to support natural grasses planned for ground stabilization.
The silt controls will be staked coir rolls, Filtrexx Soxx or equivalent.
D.PV Array mounting and Configuration
The ground-mounted PV array will be constructed using friction-pile type
supports with a frame and installed into the natural sandy soils. The
galvanized steel frame and supports will be constructed as racks to support the
mounting of 14 solar panels per rack. There will be 230 full racks and another
29 partial racks making up the PV array with some 7,056-395W panels at a 20
degree tilt with southern exposure. As previously noted, the PV array will be
centrally located covering some 5.86 +/- acres of the parent 10.4 +/- acres of
land area. Approximately 3,423 of these PV panels fall within the area of Site
Assignment.
16
FIGURE 4: Excerpt from Existing Conditions plan by BEA-NSU highlighting the area of the subject property
in bold that was Site Assigned by the Brewster Board of Health in public hearing August 11, 1987 referred to
as Lot 56; Plan Book 299, Page 96 at the Barnstable County Registry of Deeds.
E.Settlement Analysis
The planned Post Closure Use of the property for a ground-mounted PV
facility is conditioned on the removal and certification of Landfill Closure
wherein all wood waste would be removed. The friction-pile type frames for
the solar panels will be driven into the natural sandy soils that have not been
17
previously disturbed to specifications for load bearing. As such, no settlement
is anticipated. If any settlement were to occur as would affect the alignment
or tilt of the solar panels, the frames would be adjusted to optimize efficiently.
F.Erosion Control Sedimentation Controls
The existing condition of the property is that of a former gravel pit that has
been extensively mined to the limits of the property and subsequently used for
the stockpiling of wood waste along the sides of the pit such that they became
buried under additional wood waste as periodically and sequentially mined
over 10 year cycles for various landscaping product (wood chips, mulch,
loam). Based on the topography of the pit, all stormwater and any sediment
generated were confined to the property. As the areas of the property were
mined, the slopes were graded and vegetated to prevent any significant
erosion.
As noted, in the recovery of the remaining wood waste and planned sloping of
the banks for post closure use, temporary drainage swales will be created for
stormwater management, and Geoweb GW30V4 panels will be installed and
anchored, and loam and seed will be used to stabilize the slopes and prevent
erosion and the control sedimentations during construction.
G.Drainage Plan and Stormwater Management
Subject to final grading of the slopes, the floor of the pit will be graded toward
a central location where the permanent stormwater drainage system will be
constructed. This system will consist of six (6) 6’ x 6’ precast leach pits set
on and 1’ bed of stone in a gallery configurations with final dimensions 62’
(L) x 10 (W) x 7’ (D). Silt controls will be put in place until ground cover has
been established. In the interim, a silt barrier surrounding the leaching gallery
will be constructed of staked coir rolls such as Filtrexx Soxx or equivalent.
III: PERMIT CRITERIA
A.MEPA Compliance
In accordance with the provisions of 301 CMR 11.00, the Environmental
Policy Act, the project does not meet the MEPA review threshold
requirements. The project is less than 50 acres, does not create impervious
area, the land has been cleared and is in non-agricultural industrial use with no
wetlands or significant habitat interest as extensively mined. There is no
withdrawal of water or wastewater generated. There is no creation of any
significant roadway nor has any significant transportation. As a green energy
generating, the proposed facility will not generate 100 megawatts (Mw) or
more. The project will address outstanding compliance issues related to solid
waste regulations with the conditional removal of accumulated wood waste
18
with no associated municipal solid waste or hazardous waste. As a former
gravel pit and stump dump, there are no historic or archeological resources
and it is not in a designated Area of Critical Environmental Concern.
Under the threshold criteria established within 301 CMR 11.03, no
Environmental Notification Form of Environmental Impact Report is required
as a part of the local or state permitting of the planned PV facility.
B.Site Assignment
As reported, in April 1985 the Site Assignment process was initiated by the
former owner, Roland Mayo. His petition for Site Assignment as a
grandfathered use dating back to 1954 was approved with the benefit of a
Hydrogeological Investigation Report prepared as indicating no significant
environmental impacts associate with the historic use of the property as a
stump dump. The findings were presented to the Board of Health at the
August 11, 1987 public hearing for the continuation of deliberations on Site
Assignment for continued use of the Lot 56 portion of the property as a stump
dump. The Site Assignment was granted at this hearing as contingent on MA
DEQE approvals and conditioned upon quarterly groundwater sampling of the
monitoring wells, disposal of brush and stumps only by Mayo, Daniels and
Antinarelli, and the entrance be equipped with a locked gate.
Mr. Mayo subsequently sold this property, Lot 56 (5.3 acres of land),
described in the deed recorded in Book 4552, Page 607-608 to Michael
Antinarelli and Paul S. Daniels on May 22, 1985. Registry records indicate
that Michael Antinarelli and Paul S. Daniels subsequently purchased the
abutting 5.13 acre property from Herman E. Howes on May 28, 1985 and
jointly owned a 50% undivided interest in the combined lots as the parent
property to the existing subject property with Site Assignment of the eastern
portion of the property as Lot 56. Daniels and Antinarelli filed the Landfill
Permitting application with plans and reports for the licensing of the stump
dump in January 1989 [Refer to Compliance History Section IA].
The Lot 56 has been incorporated as a portion of the current property as
shown on Figure 4 (Refer to Page 14). A small portion of the remaining
wood waste falls within the Site Assigned area, to be removed with the
balance of the wood waste. Within the project as planned, approximately
3,423 of the 7,056 (48.5% +/-) of the PV panels fall within the area of Site
Assignment.
C.Health and Safety Impact
The planned use of the area of Site Assignment for the ground-mounted PV
array, as conditioned upon the removal and off-site management of remaining
wood waste, has significant benefit to Public Health as eliminating potential
19
environmental impacts in a Zone II – Wellhead Protection area as a drinking
water source. Additionally, green energy and the elimination of carbon
emissions have a general benefit to Public Health in slowing climate change
and reducing emissions to the air. The planned redevelopment of the property
with the sloping and revegetation of the banks, as well as perimeter fencing,
addresses potential safety issues associated with trespassers and visitors
related to potential falls and engulfment. The project as planned is a
significant improvement over the current use of the property with tangible
benefits to Public Health and Safety interests in the re-use of a distressed and
underutilized property.
D.Enforcement Status
The property has a significant history of reported Non-Compliance and is
currently subject to an Administrative Consent Order for the closure of the
facility [Refer to Compliance History, Section IA]. The Administrative
Consent Order (#ACO-SE-00-4001), originally issued to Paul Daniels on
December 27, 2002, has been amended several times but remains outstanding.
Additionally, under local jurisdiction of the Brewster Water Quality Review
Committee, a Cease and Desist Order was issued to halt all use of the property
for stockpiling or burial of additional wood waste.
As part of the Pre-Application conference for permitting Landfill Closure and
Use of the Site Assigned area, the MassDEP has indicated that the
Administrative Consent Order (ACO) remains the responsibility of the owners
and will, by statute, carry to that of NextGrid on the purchase of the property.
Notwithstanding, the Department seeks to avoid renegotiating and issuing
another ACO with the understanding that the permitted use of the Site
Assigned area for the proposed PV facility is contingent upon the removal of
all wood waste and certification of Landfill Closure. This permit is part of
this good faith effort to return to compliance. It is understood that following
the approval of this permit application, and local Site Plan Review and Zoning
Board of Appeals approvals, the applicant will take ownership of the land and
start recovery operations. Following recovery, and with the benefit of soil and
groundwater data, the banking will be sloped and revegetated and the Landfill
Closure SW-43 permits and plans with certifications filed. Construction of
the facility will follow, as anticipated to be completed within the first quarter
of 2021.
E.Financial Assurance Mechanism
With the removal of the wood waste and submittal of the Landfill Closure
Permit with certifications, there will be no solid waste or need for the Site
Assignment. The Site Assignment will be terminated. As such, there is no
need or requirement for a Financial Assurance Mechanism for the project as
represented herein.
20
F.Compliance with Applicable Laws and Regulations
This application is the first of two solid waste permits being sought under the
MA Department of Environmental Protection Solid Waste Regulations. The
SW-37 Post Closure Use application is being filed for utility approvals of the
land for the ground-mounted PV facility. This, together with local approvals
under the Site Plan Review and Zoning Board of Appeals, is necessary to
assure viability of the project prior to investment by the client in purchasing
the land and conducting the remedial work and facility construction
represented herein. Copies of such applications and prior approvals are
included as Appendix D of this permit application. All applicable laws and
regulations are anticipated to be addressed with the submittal of the SW-43
Landfill Closure pending approval of this SW-37 Post-Closure Use permit, as
well as local approvals under Site Plan Review and the approval of minor
setback variances filed with the Zoning Board of Appeals. Such approvals are
anticipated in October 2020.
FIGURES
Figure 1: The Subject Property, located at 0 Mid Cape Highway, in Brewster, MA, is situated
approximately 1,400 feet west of the intersection of Freemans Way and Commerce Park Road. The
coordinates of the Subject Property are Latitude 41.737425 N, Longitude 70.019242 W. The property
contains approximately 10.3305 acres of land area, and has historically been used as a wood-waste
landfill and gravel pit. Topography at the site is widely varied, with terrain found at elevations between
50-100’
LOCUS
Figure 2: Groundwater monitoring wells at the site have identified groundwater at approximately 20’
NGVD. Regional groundwater contours indicate a west-southwesterly flow direction towards Pleasant
Bay. Groundwater gauging of the four groundwater monitoring wells has confirmed site-specific flow
direction to the west-southwest, consistent with regional flow.
LOCUS
Figure 3: According to the MassGIS Priority Resource Map, the subject property is shown within
a medium-yield, potentially-productive aquifer. Based on this designation, the site is within a
potential drinking water source area (PDWSA). The site is also shown within the radius of a
Zone II PWS Protection Area, with two commercial public water supplies located within a hal f
mile radius of the site. The subject property is also shown as within the EPA-designated Sole
Source Aquifer for all land east of the Cape Cod Canal. Based on regional groundwater flow to
the west-southwest, the primary potential environmental receptor is Pleasant Bay.
FIGURE 4: Excerpt from Existing Conditions plan by BEA-NSU highlighting the area of the subject property
in bold that was Site Assigned by the Brewster Board of Health in public hearing August 11, 1987 referred
to as Lot 56; Plan Book 299, Page 96 at the Barnstable County Registry of Deeds.
APPENDICES
1
BEA10-10194
March 30, 2011
David Ellis, Section Chief
Massachusetts Department of Environmental Protection
Southeast Regional Office – Solid Waste
20 Riverside Avenue - Lakeville, MA 02347
RE: DANIELS/ANTINARELLI WOODWASTE FACILITY
QUARTERLY STATUS UPDATE – RECLAMATION AND MONITORING
Administrative Consent Order #ACO-SE-10-4009
Off of 433 Freeman’s Way [Assessor’s Map 119, Parcels 6 and 8] – Brewster, MA
Dear Mr. Ellis,
Pursuant to the above-referenced Administrative Consent Order (ACO), on behalf of
Daniels Landscaping & Construction, Inc. and AMA Excavating, BENNETT
ENVIRONMENTAL ASSOCIATES, INC. (BEA) has prepared the following March 2011
quarterly report as a status update on work progress and current environmental conditions at the
above-referenced site. BEA has prepared a stamped survey plan and photodocumentation to
demonstrate current site conditions relative to on-going excavation and processing of historically
interned woodwaste. The site plan, as complemented by photodocumentation of the facility, will
serve as the basis of future quarterly reports to demonstrate work progress relative to baseline
conditions, with environmental assessment of recovered areas qualified by prescribed sampling
and analysis of soil and groundwater.
BEA was formally engaged by both mutual interest holders of the subject property on
January 13, 2011, to conduct appropriate environmental monitoring in review of risk
characterization and to prepare quarterly reports as status updates of interned woodwaste
removal in review of work progress. Prior to that, BEA had performed confirmatory
groundwater monitoring at monitoring well MW-2 in March and April 2010 for lead and
chromium (total and dissolved) in consideration of lead/chromium detections reported for
groundwater samples collected by the previous consultant in October 2009. Both the March and
April 2010 monitoring events reported both total and dissolved concentrations of lead and
chromium as below reportable limits (BRL) wherein the reporting limits were less than the
applicable RCGW-1 Reportable Concentrations [Refer to laboratory analytical: GWA Lab ID
131855 (3/18/10), GWA Lab ID 132333 (4/14/10)]. Based on the groundwater sampling
performed by BEA and laboratory analysis reported, and in consideration of historical analyses
pre-dating October 2009 wherein no detectable concentrations of lead or chromium had been
reported in MW-2, a preponderance of physical evidence indicated that there was no significant
groundwater impact and no Reportable Condition per 310 CMR 40.0317(14). The lead and
MARCH 30, 2011 DANIELS-ANTINARELLI/BEA10-10194
PAGE 2 OF 5 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
chromium concentrations reported for the October 2009 groundwater monitoring event were
attributed to sampling/analytical error associated with sample turbidity.
BEA performed annual groundwater monitoring at all of the on-site monitoring wells
[MW-1A, MW-2, MW-3, MW-4] in September 2010 to qualify potential impacts to the aquifer
as a result of historically interned woodwaste. Static water level measurements were used to
qualify a site-specific groundwater flow direction to the southeast, as consistent with previous
testing by both BEA and others predating BEA’s monitoring. The tested compounds were
selected for laboratory analysis as based on the MA DEP, Bureau of Resource Protection Final
Guidance for “Woodwaste Reclamation Facilities Siting and Permitting Requirements”,
Appendix A (Guidance #BWP-98-006), as consistent with 310 CMR 19.132, “Environmental
Monitoring Requirements” under the Solid Waste Management Facility Regulations (310 CMR
19.000). Laboratory analysis of the parameters tested [general chemistry/metals/volatile
organics compounds (VOCs)/polynuclear aromatic hydrocarbons (PAH)] reported no significant
groundwater impacts greater than, or approaching, the applicable RCGW-1 Reportable
Concentrations [Refer to laboratory analytical and TableMaker: GWA Lab ID 136714
(10/21/10)]. The laboratory analytical results demonstrated that the interned woodwaste had not
contributed to significant groundwater quality degradation wherein all PAH and VOC
concentrations were reported as BRL, with the exception of low-level chloroform, a ubiquitous
compound, in MW-2 (1 ug/L) and MW-3 (2 ug/L) as significantly less than the RCGW-1
Reportable Concentration (70 ug/L). Iron and/or manganese concentrations in monitoring wells
MW-1, MW-2 and MW-4 were reported as greater than the MA Groundwater Quality Standards
and the MA Secondary Maximum Contaminant Levels (SMCLs). These secondary standards are
based on the aesthetic nature of drinking water. Elevated iron and manganese are common and
naturally occurring throughout Cape Cod. All other parameters tested were reported as less than
the applicable and strictest RCGW-1 Reportable Concentrations, and also less than the
applicable MA Groundwater Quality Standards. Based on the groundwater monitoring and
laboratory analytical reported, the historically buried woodwaste at the Daniels/Antinarelli
facility has not resulted in significant impact of risk-based compounds to groundwater at the
subject property.
Subsequent to the execution of a contract with BEA towards environmental monitoring
and reporting on woodwaste reconciliation and work progress, as consistent with the provisions
of the subject ACO, BEA directed a site meeting on February 8, 2011, for staking the of buried
woodwaste and other site features, as attended by Steven Daniels (Daniels Landscaping &
Construction, Inc.), Michael Antinarelli (AMA Excavating) and Donald Poole, PLS (Outermost
Land Survey, Inc.). Following the staking of the approximate lateral extent of interned
woodwaste as qualified by Steven Daniels and Michael Antinarelli, BEA personnel collected a
pair of confirmatory surficial soil samples from the northeastern-most area of the subject
property, labeled as “Zone 1” and “Zone 2”, for laboratory analysis of inorganics (MA DEP 14
Metals, EPA 6010B/EPA 7471A), VOCs (EPA 8260B with Oxygenates), and extractable
petroleum hydrocarbons (EPH) and target PAHs to qualify potential residual soil impacts
associated with formerly interned woodwaste [Refer to Site Plan]. Laboratory analytical
MARCH 30, 2011 DANIELS-ANTINARELLI/BEA10-10194
PAGE 3 OF 5 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
reported all VOC, EPH and PAH concentrations tested as below reportable limits (BRL) wherein
the reporting limits were less than or equal to the applicable RCS-1 Reportable Concentrations.
Laboratory analytical further reported all metals concentrations as less than the RCS-1
Reportable Concentrations [Refer to laboratory analytical and TableMaker: GWA Lab ID
139648 (2/16/11)]. As such, environmental testing and laboratory analysis have demonstrated no
significant impacts to soils that were formerly overlain by buried woodwaste in Zone 1 and Zone
2.
Over the next two weeks, Outermost Land Survey, Inc. completed the necessary field
work to establish a base plan depicting the staked area of residual buried woodwaste as well as
various other site features including above-grade stockpiles of materials, dirt access roads along
the facility, topography and monitor well locations with top-of-casing elevations. BEA relied on
said base plan for the depiction of current buried woodwaste, monitoring wells and site features
wherein historic plans were referenced to show historic areas of buried woodwaste and
demonstrate work progress over the past 10+ years [Refer to Site Plan]. In addition, based on
observation and photodocumentation of site conditions during a recent site inspection on March
23, 2011, BEA has depicted the current approximate extent of buried woodwaste as reflecting
work progress since the base survey plan was developed [Refer to Site Plan and
Photodocumentation]. Based on a comparison of historically buried woodwaste on both parcels
of the subject property, as documented in site plans from 2000 (Bennett & O’Reilly, Inc.) and
2008 (J.M. O’Reilly & Associates, Inc.; Green Seal Environmental, Inc.), against the residual
buried woodwaste reported, it is clear that substantial effort and progress have been made with
respect to excavation and processing of interned woodwaste. Based on the prepared site plan in
review of interned woodwaste represented in 2000, the northern extent of historically buried
woodwaste has been reduced by some 130’ (+/-) and the eastern extent has been pushed back
approximately 200’. Similarly, in review of interned woodwaste represented in 2008, the eastern
extent of buried woodwaste has been reduced by some 120’ – 160’ (+/-). Topography
enveloping former interned woodwaste indicates a depth of some 40’ (+/-) along the former
north lobe (circa 2000) and a depth of some 30’ (+/-) along the eastern lobe (circa 2008). Based
on historic site plans relative to recent survey and inspection, a net volume of approximately
70,000 cubic yards (+/-) of historic buried woodwaste has been excavated and processed at the
subject property from the north and east lobes of former buried woodwaste in the period between
2000 and the beginning of 2011. Based on a comparison of the surveyed limit of buried
woodwaste as staked on February 8, 2011, versus the observed limit of buried woodwaste on
March 23, 2011, some 13,000 cubic yards of additional interned woodwaste has been excavated
and processed in the first quarter of 2011.
Based on the estimated observed limit of residual interned woodwaste, some 53,000
cubic yards remain buried along the western portion of the subject property [Refer to Site Plan].
The enclosed Materials Log Sheet reports a net removal of some 22,305 cubic yards of processed
woodwaste (loam, woodchips) from the subject property in 2010 [Refer to Materials Log Sheets]
as generated from both interned woodwaste and above-grade stockpiles at the site. As such,
work progress relative to excavation and processing of buried woodwaste is more accurately
MARCH 30, 2011 DANIELS-ANTINARELLI/BEA10-10194
PAGE 4 OF 5 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
represented on the enclosed site plan. Materials removed from the subject property have either
been transported directly from the pit to jobsites, or to the Daniels Landscape & Construction,
Inc. facility at 71 Finlay Road in Orleans, MA, for retail and wholesale to customers.
Daniels Landscaping & Construction, Inc. and/or AMA Excavating continue to excavate
buried woodwaste from the subject property. As previously represented, the processed materials
(loam, wood chips, mulch, etc.) have been and will continue to be stockpiled on-site, above-
grade, in advance of sale or use of such items. As the extraction of buried materials progresses,
the cleared land will be utilized for such above-grade stockpiling, as subject to representative soil
sampling and laboratory analysis per the ACO. The property owners have indicated that this
work should be completed over the next 4-10 months ahead of the prescribed timelines. BEA
will perform annual groundwater sampling with the existing monitoring well network [MW-1A,
MW-2, MW-3, MW-4] in September 2011 and include the quarterly reconciliation report as
applicable. At the time when the work is completed, a BWPSW43 Closure Certification Report
will be prepared and filed with the Department.
The next reconciliation report to be prepared by BEA will be submitted in June 2011
wherein observation and photodocumentation will be relied on exclusively to qualify the extent
of residual interned woodwaste. This method will be employed for all future quarterly reporting
until the end of the project at which time the site will be re-surveyed to demonstrate complete
removal of all interned woodwaste in preparation for a BWPSW43 Closure Certification Report.
In the interim, if you have any questions or need additional information, please contact us at our
offices.
Respectfully yours,
BENNETT ENVIRONMENTAL ASSOCIATES, INC.
Todd M. Everson, Sr. Environmental Scientist
Project Manager
Linda J. Pinto, PE
Project Engineer
Encl. -Site plan entitled, “Daniels/Antinarelli Woodwaste Reclamation Facility…”, prepared by
Bennett Environmental Associates, Inc., dated March 28, 2011.
-Photodocumentation of Historic and Current Site Conditions [May 2000, March 2011]
-Materials Log Sheet [2010]
-Inspectors Daily Records of Work Progress [#1 (3/15/10) - #6 (3/23/11)]
-Monitor Well Sample Logs [3/15/10, 4/7/10, 8/10/10, 9/29/10, 3/23/11]
-Interned Woodwaste Volume Calculations
MARCH 30, 2011 DANIELS-ANTINARELLI/BEA10-10194
PAGE 5 OF 5 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
-Laboratory Analytical Reports:
Groundwater Monitoring, Lab ID 131855 (3/18/2010) with TableMaker Report
Groundwater Monitoring, Lab ID 132333 (4/14/2010) with TableMaker Report
Groundwater Monitoring, Lab ID 136714 (10/21/2010) with TableMaker Report
Soil Assessment, Lab ID 139648 (2/16/2011) with TableMaker Report
Cc. Paul and Steven Daniels - Daniels Landscaping & Construction, Inc.
Michael Antinarelli – AMA Excavating
Bob Johnson, Solid Waste - MassDEP
Nancy Ellis Ice, Vice Chairman – Brewster Water Quality Review Committee
Director – Brewster Board of Health
1
BEA10-10194
June 22, 2011
David Ellis, Section Chief
Massachusetts Department of Environmental Protection
Southeast Regional Office – Solid Waste
20 Riverside Avenue - Lakeville, MA 02347
RE: DANIELS/ANTINARELLI WOODWASTE FACILITY
QUARTERLY STATUS UPDATE – RECLAMATION AND MONITORING
Administrative Consent Order #ACO-SE-10-4009
Off of 433 Freeman’s Way [Assessor’s Map 119, Parcels 6 and 8] – Brewster, MA
Dear Mr. Ellis,
Pursuant to the above-referenced Administrative Consent Order (ACO), on behalf of
Daniels Landscaping & Construction, Inc. and AMA Excavating, BENNETT
ENVIRONMENTAL ASSOCIATES, INC. (BEA) has prepared the following June 2011
quarterly report as a status update on work progress and current environmental conditions at the
above referenced site. BEA has prepared a revised site plan and photodocumentation to
demonstrate current site conditions relative to on-going excavation and processing of historically
interned woodwaste. The site plan was based on the stamped survey plan (Daniels/Antinarelli
Woodwaste Reclamation Facility, 3/28/11, Donald Poole, PLS) as was prepared for and
presented in the March 2011 Quarterly Status Report. For relevant background information on
the project, the reviewer should refer to the March 2011 “Daniels/Antinarelli Woodwaste
Facility Quarterly Status Update – Reclamation and Monitoring,” dated March 30, 2011.
BEA traveled to the subject property on June 9, 2011, to inspect the areas of woodwaste
reclamation in review of work progress. Based on observation and photodocumentation of
existing conditions during the site inspection, BEA has depicted the current approximate extent
of buried woodwaste as reflecting work progress since the last inspection on March 23, 2011
[Refer to Site Plan and Photodocumentation]. A comparison of historically buried woodwaste on
the subject property, as documented in the original BEA site plan (3/28/2011), against the
remaining buried woodwaste reported indicates marginal progress has been made with respect to
excavation and processing of interned woodwaste. Based on the recent inspection conducted and
photodocumentation presented, a modest volume of some 50 cubic yards (+/-) of historically
buried woodwaste has been excavated from the north side of the facility and processed in the
reporting period [Refer to Site Plan]. It appears that recent work at the facility has been limited
to the processing of above-ground stockpiles and staging of equipment as located along the
western portion of the subject property. Given the marginal buried woodwaste reclamation, no
further confirmatory soil sampling was performed within the reporting period.
JUNE 22, 2011 DANIELS-ANTINARELLI/BEA10-10194
PAGE 2 OF 3 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
The observed limit of residual interned woodwaste indicates some 53,000 cubic yards
(+/-) remain buried along the western portion of the subject property [Refer to Site Plan].
Materials Log Sheets, as summarizing monthly incoming and outgoing loads to the Freeman’s
Way property, were unavailable at the time of this letter. Materials removed from the above-
grade stockpiles at subject property have either been transported directly from the pit to jobsites,
or to the Daniels Landscape & Construction, Inc. facility at 71 Finlay Road in Orleans, MA, for
retail and wholesale to customers.
Daniels Landscaping & Construction, Inc. intends to resume excavation of buried
woodwaste from the subject property. As previously represented, the processed materials (loam,
wood chips, mulch, etc.) have been and will continue to be stockpiled on-site, above-grade, in
advance of sale or use of such items. As the extraction of buried materials progresses, the
cleared land will be utilized for such above-grade stockpiling, as subject to representative soil
sampling and laboratory analysis per the ACO. Michael Antinarelli has indicated that the
reclamation on his portion of the subject property, identified as Assessor’s Map 119, Parcel 6, is
complete. BEA will perform annual groundwater sampling with the existing monitoring well
network [MW-1A, MW-2, MW-3, MW-4] in September 2011 as will be included in the
quarterly status update. At the time when the work is completed, a BWPSW43 Closure
Certification Report will be prepared and filed with the Department.
The next reconciliation report to be prepared by BEA will be submitted in September
2011 wherein observation and photodocumentation will again be relied on to qualify the extent
of residual interned woodwaste. This method will be employed for all future quarterly reporting
until the end of the project at which time the site will be re-surveyed to demonstrate complete
removal of all interned woodwaste in preparation for a BWPSW43 Closure Certification Report.
In the interim, if you have any questions or need additional information, please contact us at our
offices.
Respectfully yours,
BENNETT ENVIRONMENTAL ASSOCIATES, INC.
Todd M. Everson, Sr. Environmental Scientist
Project Manager
Linda J. Pinto, PE
Project Engineer
Encl. -Site Plan entitled, “Daniels/Antinarelli Woodwaste Reclamation Facility…”, prepared
by Bennett Environmental Associates, Inc., dated March 28, 2011 (rev. 6/20/11).
-Photodocumentation of Current Site Conditions [June 2011]
-Inspectors Daily Records of Work Progress [#7 (6/9/11)]
JUNE 22, 2011 DANIELS-ANTINARELLI/BEA10-10194
PAGE 3 OF 3 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
Cc. Paul and Steven Daniels - Daniels Landscaping & Construction, Inc.
Michael Antinarelli – AMA Excavating
Bob Johnson, Solid Waste - MassDEP
Nancy Ellis Ice, Vice Chairman – Brewster Water Quality Review Committee
Director – Brewster Board of Health
1
BEA10-10194
October 14, 2011
David Ellis, Section Chief
Massachusetts Department of Environmental Protection
Southeast Regional Office – Solid Waste
20 Riverside Avenue - Lakeville, MA 02347
RE: DANIELS/ANTINARELLI WOODWASTE FACILITY
QUARTERLY STATUS UPDATE – RECLAMATION AND MONITORING
Administrative Consent Order #ACO-SE-10-4009
Off of 433 Freeman’s Way [Assessor’s Map 119, Parcels 6 and 8] – Brewster, MA
Dear Mr. Ellis,
Pursuant to the above-referenced Administrative Consent Order (ACO), on behalf of
Daniels Landscaping & Construction, Inc. and AMA Excavating, BENNETT
ENVIRONMENTAL ASSOCIATES, INC. (BEA) has prepared the following September 2011
quarterly report as a status update on work progress and current environmental conditions at the
above-referenced site. BEA has prepared a revised site plan and photodocumentation to
demonstrate current site conditions relative to on-going excavation and processing of historically
interned woodwaste. The site plan, as complemented by photodocumentation of the facility, will
serve as the basis of future quarterly reports to demonstrate work progress relative to baseline
conditions, with environmental assessment of recovered areas qualified by prescribed sampling
and analysis of soil and groundwater.
BEA traveled to the subject property on September 20 and 22, 2011, to inspect the areas
of woodwaste reclamation and perform annual groundwater monitoring via the established
monitoring well network. Based on observation and photodocumentation of existing conditions
during the site inspection, BEA has depicted the current approximate extent of buried woodwaste
as reflecting work progress since the last inspection on June 9, 2011 [Refer to Site Plan and
Photodocumentation]. A comparison of historically buried woodwaste on the subject property,
as documented on the original BEA site plan (3/28/2011) against the remaining buried
woodwaste indicates modest progress has been made with respect to excavation and processing
of interned woodwaste. Based on the recent inspection and photodocumentation presented,
approximately 5,300 cubic yards (+/-) has been excavated from the eastern lobe of the remaining
interned woodwaste and processed in the reporting period. Based on the area of reclaimed
woodwaste as less than one acre, no further confirmatory soil sampling was performed within the
reporting period.
The observed limit of residual interned woodwaste indicates some 48,000 cubic yards
(+/-) remain buried along the western portion of the subject property [Refer to Site Plan]. The
OCTOBER 14, 2011 DANIELS-ANTINARELLI/BEA10-10194
PAGE 2 OF 3 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
enclosed Materials Log Sheet, as summarizes monthly incoming and outgoing loads to the
Freeman’s Way property, reports a net removal of approximately 23,929 cubic yards of
processed woodwaste (loam, woodchips) from the subject property in 2011, with some 9,131
cubic yards removed in the third quarter, [Refer to Materials Log Sheet] as generated from both
interned woodwaste and above-grade stockpiles at the site. As such, work progress relative to
excavation and processing of buried woodwaste is more accurately represented on the enclosed
site plan. Materials removed from the above-grade stockpiles at the subject property have either
been transported directly from the pit to jobsites, or to the Daniels Landscape & Construction,
Inc. facility at 71 Finlay Road in Orleans, MA, for retail and wholesale to customers.
BEA performed annual groundwater monitoring at all of the on-site monitoring wells
[MW-1A, MW-2, MW-3, MW-4] in September 2011 to qualify potential impacts to the aquifer
as a result of historically interned woodwaste. Static water level measurements were used to
qualify a site-specific groundwater flow direction to the southeast, as consistent with previous
testing by both BEA and others predating BEA’s monitoring. The tested compounds were
selected for laboratory analysis as based on the MA DEP, Bureau of Resource Protection Final
Guidance for “Woodwaste Reclamation Facilities Siting and Permitting Requirements”,
Appendix A (Guidance #BWP-98-006), as consistent with 310 CMR 19.132, “Environmental
Monitoring Requirements” under the Solid Waste Management Facility Regulations (310 CMR
19.000). Laboratory analysis of the parameters tested [general chemistry/metals/volatile
organics compounds (VOCs)/polynuclear aromatic hydrocarbons (PAH)] reported no significant
groundwater impacts greater than, or approaching, the applicable RCGW-1 Reportable
Concentrations [Refer to laboratory analytical and tabulated data]. The laboratory analytical
results demonstrated that the interned woodwaste had not contributed to significant groundwater
quality degradation wherein all PAH and VOC concentrations were reported as ND, with the
exception of low-level chloroform, a ubiquitous compound, in MW-2 (1.2 ug/L) and MW-3 (2.3
ug/L) as significantly less than the RCGW-1 Reportable Concentration (70 ug/L). Iron and/or
manganese concentrations in monitoring wells MW-1A, MW-2 and MW-4 were reported as
greater than the MA Groundwater Quality Standards and the MA Secondary Maximum
Contaminant Levels (SMCLs). These secondary standards are based on the aesthetic nature of
drinking water. Elevated iron and manganese are common and naturally occurring throughout
Cape Cod; this condition is demonstrated by the elevated manganese concentration reported for
monitoring well MW-1A as upgradient from the area of interned woodwaste. All other
parameters tested were reported as less than the applicable and strictest RCGW-1 Reportable
Concentrations, and also less than the applicable MA Groundwater Quality Standards. Based on
the groundwater monitoring and laboratory analytical reported, the historically buried
woodwaste at the Daniels/Antinarelli facility has not resulted in significant impact of risk-based
compounds to groundwater at the subject property.
Daniels Landscaping & Construction, Inc. continues to excavate buried woodwaste from
the subject property. As previously represented, the processed materials (loam, wood chips,
mulch, etc.) have been and will continue to be stockpiled on-site, above-grade, in advance of sale
or use of such items. As the extraction of buried materials progresses, the cleared land will be
OCTOBER 14, 2011 DANIELS-ANTINARELLI/BEA10-10194
PAGE 3 OF 3 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
utilized for such above-grade stockpiling, as subject to representative soil sampling and
laboratory analysis per the ACO. BEA is next scheduled to perform annual groundwater
sampling with the existing monitoring well network [MW-1A, MW-2, MW-3, MW-4] in
September 2012 as corresponds to the scheduled completion of buried woodwaste recovery and
processing. At the time when the work is completed, a BWPSW43 Closure Certification Report
will be prepared and filed with the Department.
The next reconciliation report to be prepared by BEA will be submitted in December
2011 wherein observation and photodocumentation will be relied on exclusively to qualify the
extent of residual interned woodwaste. This method will be employed for all future quarterly
reporting until the end of the project at which time the site will be re-surveyed to demonstrate
complete removal of all interned woodwaste in preparation for a BWPSW43 Closure
Certification Report. In the interim, if you have any questions or need additional information,
please contact us at our offices.
Respectfully yours,
BENNETT ENVIRONMENTAL ASSOCIATES, INC.
Todd M. Everson, Sr. Environmental Scientist
Project Manager
Encl. -Site plan entitled, “Daniels/Antinarelli Woodwaste Reclamation Facility…”, prepared by
Bennett Environmental Associates, Inc., dated March 28, 2011 [Rev. 9/27/11].
-Photodocumentation of Current Site Conditions [September 2011]
-Materials Log Sheet [January - September 2011]
-Inspectors Daily Records of Work Progress [#8 (9/20/2011 - #9 (9/22/2011)]
-Monitor Well Sample Logs [9/20/2011]
-Interned Woodwaste Volume Calculations
-Laboratory Analytical Report:
Alpha Analytical, Lab ID L1115059 (10/5/2011) with Tabulated Data
Cc. Paul and Steven Daniels - Daniels Landscaping & Construction, Inc.
Michael Antinarelli – AMA Excavating
Bob Johnson, Solid Waste - MassDEP
Nancy Ellis Ice, Vice Chairman – Brewster Water Quality Review Committee
Director – Brewster Board of Health
Linda Pinto, PE. (internal)
1
BEA10-10194
December 29, 2011
David Ellis, Section Chief
Massachusetts Department of Environmental Protection
Southeast Regional Office – Solid Waste
20 Riverside Avenue - Lakeville, MA 02347
RE: DANIELS/ANTINARELLI WOODWASTE FACILITY
QUARTERLY STATUS UPDATE – RECLAMATION AND MONITORING
Administrative Consent Order #ACO-SE-10-4009
Off of 433 Freeman’s Way [Assessor’s Map 119, Parcels 6 and 8] – Brewster, MA
Dear Mr. Ellis,
Pursuant to the above-referenced Administrative Consent Order (ACO), on behalf of
Daniels Landscaping & Construction, Inc. and AMA Excavating, BENNETT
ENVIRONMENTAL ASSOCIATES, INC. (BEA) has prepared the following December 2011
quarterly report as a status update on work progress and current environmental conditions at the
above-referenced site. BEA has prepared a revised site plan and photo-documentation to
demonstrate current site conditions relative to on-going excavation and processing of historically
interned wood waste. The site plan is based on the stamped survey plan (Daniels/Antinarelli
Woodwaste Reclamation Facility, 3/28/11, Donald Poole, PLS) as was prepared for and
presented in the March 2011 Quarterly Status Report. The site plan, as complemented by photo-
documentation of the facility, will serve as the basis of future quarterly reports to demonstrate
work progress relative to baseline conditions, with environmental assessment of recovered areas
qualified by prescribed sampling and analysis of soil and groundwater. For relevant background
information on the project, the reviewer should refer to the March 2011, June 2011 and
September 2011 “Daniels/Antinarelli Woodwaste Facility Quarterly Status Update(s) –
Reclamation and Monitoring,” dated March 30, 2011, June 22, 2011 and October 14, 2011,
respectively.
BEA traveled to the subject property on December 20, 2011, to inspect the areas of wood
waste reclamation in review of work progress. Based on observation and photo-documentation
of existing conditions during the site inspection, BEA has depicted the current approximate
extent of buried wood waste as reflecting work progress since the last inspection on September
22, 2011 [Refer to Site Plan and Photo-documentation]. A comparison of historically buried
wood waste on the subject property, as documented on the original BEA site plan (3/28/2011)
against the remaining buried wood waste indicates modest progress has been made with respect
to excavation and processing of interned wood waste. Based on the recent inspection and photo-
documentation presented, approximately 6,200 cubic yards (+/-) has been excavated from the
eastern lobe of the remaining interned wood waste and processed in the reporting period. Based
DECEMBER 29, 2011 DANIELS-ANTINARELLI/BEA10-10194
PAGE 2 OF 3 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
on the area of wood waste reclaimed since the March 2011 as less than one acre, no further
confirmatory soil sampling was performed within the reporting period.
The observed limit of residual interned wood waste indicates some 41,000 cubic yards
(+/-) remain buried along the western portion of the subject property [Refer to Site Plan].
Materials Log Sheets, as summarizing monthly incoming and outgoing loads to the Freeman’s
Way property, were unavailable at the time of this letter. Regardless, the Materials Log Sheets
report net removals of material as generated from both interned wood waste and above-grade
stockpiles at the site. As such, work progress relative to excavation and processing of buried
wood waste is more accurately represented on the enclosed site plan. Materials removed from
the above-grade stockpiles at the subject property have either been transported directly from the
pit to jobsites, or to the Daniels Landscape & Construction, Inc. facility at 71 Finlay Road in
Orleans, MA, for retail and wholesale to customers.
Daniels Landscaping & Construction, Inc. is currently employing its grinding/screening
equipment, and other heavy equipment, on a jobsite. Daniels will resume excavation of buried
wood waste from the subject property at which time equipment becomes available. In the
interim, it has been reported to BEA that AMA Excavating (Michael Antinarelli, owner) will
employ its personnel and screening/excavation equipment towards removal and processing of
interned wood waste beginning in January 2012. As previously represented, the processed
materials (loam, wood chips, mulch, etc.) have been and will continue to be stockpiled on-site,
above-grade, in advance of sale or use of such items. As the extraction of buried materials
progresses, the cleared land will be utilized for such above-grade stockpiling, as subject to
representative soil sampling and laboratory analysis per the ACO. BEA is next scheduled to
perform annual groundwater sampling with the existing monitoring well network [MW-1A,
MW-2, MW-3, and MW-4] in September 2012 as corresponds to the scheduled completion of
buried wood waste recovery and processing. At the time when the work is completed, a
BWPSW43 Closure Certification Report will be prepared and filed with the Department.
The next reconciliation report to be prepared by BEA will be submitted in March 2012
wherein observation and photo-documentation will be relied on exclusively to qualify the extent
of residual interned wood waste. This method will be employed for all future quarterly reporting
until the end of the project at which time the site will be re-surveyed to demonstrate complete
removal of all interned wood waste in preparation for a BWPSW43 Closure Certification Report.
In the interim, if you have any questions or need additional information, please contact us at our
offices.
Respectfully yours,
BENNETT ENVIRONMENTAL ASSOCIATES, INC.
Todd M. Everson, Sr. Environmental Scientist Linda J. Pinto, PE
Project Manager Project Engineer
DECEMBER 29, 2011 DANIELS-ANTINARELLI/BEA10-10194
PAGE 3 OF 3 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
Encl. -Site plan entitled, “Daniels/Antinarelli Woodwaste Reclamation Facility…”, prepared by
Bennett Environmental Associates, Inc., dated March 28, 2011 [Rev. 12/21/11].
-Photodocumentation of Current Site Conditions [December 2011]
-Inspectors Daily Records of Work Progress [#10 (12/20/2011)]
-Interned Woodwaste Volume Calculations
Cc. Paul and Steven Daniels - Daniels Landscaping & Construction, Inc.
Michael Antinarelli – AMA Excavating
Bob Johnson, Solid Waste - MassDEP
Nancy Ellis Ice, Vice Chairman – Brewster Water Quality Review Committee and
Director – Brewster Board of Health
1
BEA10-10194
March 28, 2012
David Ellis, Section Chief
Massachusetts Department of Environmental Protection
Southeast Regional Office – Solid Waste
20 Riverside Avenue - Lakeville, MA 02347
RE: DANIELS/ANTINARELLI WOODWASTE FACILITY
QUARTERLY STATUS UPDATE
RECLAMATION AND MONITORING
Administrative Consent Order #ACO-SE-10-4009
Off of 433 Freeman’s Way [Assessor’s Map 119, Parcels 6 and 8] – Brewster, MA
Dear Mr. Ellis,
Pursuant to the above-referenced Administrative Consent Order (ACO), on behalf of
Daniels Landscaping & Construction, Inc. and AMA Excavating, BENNETT
ENVIRONMENTAL ASSOCIATES, INC. (BEA) has prepared the following March 2012
quarterly report as a status update on work progress and current environmental conditions at the
above-referenced site. BEA has prepared a revised site plan and photo-documentation to
demonstrate current site conditions relative to on-going excavation and processing of historically
interned wood waste. The site plan is based on the stamped survey plan (Daniels/Antinarelli
Woodwaste Reclamation Facility, 3/28/11, Donald Poole, PLS) as was prepared for and
presented in the March 2011 Quarterly Status Report. The site plan, as complemented by photo-
documentation of the facility, serves as the basis of quarterly reports to demonstrate work
progress relative to baseline conditions, with environmental assessment of recovered areas
qualified by prescribed sampling and analysis of soil and groundwater. For relevant background
information on the project, the reviewer should refer to the March 2011, June 2011 and
September 2011 “Daniels/Antinarelli Woodwaste Facility Quarterly Status Update(s) –
Reclamation and Monitoring,” dated March 30, 2011, June 22, 2011, October 14, 2011, and
December 29, 2011, respectively.
BEA traveled to the subject property on March 26, 2012, to inspect the areas of wood
waste reclamation in review of work progress. Based on observation and photo-documentation
of existing conditions during the site inspection, BEA has depicted the current approximate
extent of buried wood waste as reflecting work progress since the last inspection on December
20, 2011 [Refer to Site Plan and Photo-documentation]. A comparison of historically buried
wood waste on the subject property, as documented on the original BEA site plan (3/28/2011)
against the remaining buried wood waste indicates significant progress has been made with
respect to excavation and processing of interned wood waste. Based on the recent inspection and
photo-documentation presented, approximately 8,700 cubic yards (+/-) have been excavated
MARCH 28, 2012 DANIELS-ANTINARELLI/BEA10-10194
PAGE 2 OF 3 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
from the eastern lobe of the remaining interned wood waste and processed in the reporting
period. Based on the area of wood waste reclaimed since the March 2011 as approaching one
acre (~32,000 SF), confirmatory soil sampling of underlying native soils is being coordinated for
the next reporting period. Due to limited space, stockpiles of processed materials (stumps, wood
chips, screened loam, etc.) have been placed along areas of recent wood waste recovery as
inclusive of loam applied to sloped banking towards re-vegetation and bank stabilization. As
such, BEA will rely on an excavator or drilling rig to penetrate stockpiles and processed loam on
sloped banking, and collect representative samples of underlying native soils for volatile organic
compounds (VOCs, EPA 8260B), MA DEP Metals (EPA 6010B/7471A) and extractable
petroleum hydrocarbons with polynuclear aromatic hydrocarbons (EPH/PAHs) to be presented in
the next quarterly report.
The observed limit of residual interned wood waste indicates some 33,000 cubic yards
(+/-) remain buried along the western portion of the subject property [Refer to Site Plan].
Materials Log Sheets, as summarizing monthly incoming and outgoing loads to the Freeman’s
Way property, were requested from Daniels but were unavailable at the time of this letter.
Regardless, the Materials Log Sheets report net removals of material as generated from both
interned wood waste and above-grade stockpiles at the site. As such, work progress relative to
excavation and processing of buried wood waste is more accurately represented on the enclosed
site plan. Materials removed from the above-grade stockpiles at the subject property have either
been transported directly from the pit to jobsites, or to the Daniels Landscape & Construction,
Inc. facility at 71 Finlay Road in Orleans, MA, for retail and wholesale to customers.
Daniels continues to excavate and process buried wood waste in the area assigned to their
operations (Map 119, Parcel 8). As previously represented, the processed materials (loam, wood
chips, mulch, etc.) have been and will continue to be stockpiled on-site, above-grade, in advance
of sale or use of such items. As the extraction of buried materials progresses, the cleared land
will be utilized for such above-grade stockpiling, as subject to representative soil sampling and
laboratory analysis per the ACO. BEA is next scheduled to perform annual groundwater
sampling with the existing monitoring well network [MW-1A, MW-2, MW-3, and MW-4] in
September 2012 as corresponds to the scheduled completion of buried wood waste recovery and
processing. At the time when the work is completed, a BWPSW43 Closure Certification Report
will be prepared and filed with the Department.
The next reconciliation report to be prepared by BEA will be submitted in June 2012
wherein observation and photo-documentation will be relied on exclusively to qualify the extent
of residual interned wood waste. This method will be employed for all future quarterly reporting
until the end of the project at which time the site will be re-surveyed to demonstrate complete
removal of all interned wood waste in preparation for a BWPSW43 Closure Certification Report.
In the interim, if you have any questions or need additional information, please contact us at our
offices.
MARCH 28, 2012 DANIELS-ANTINARELLI/BEA10-10194
PAGE 3 OF 3 STATUS UPDATE: OFF OF 433 FREEMAN’S WAY – BREWSTER ACO-SE-10-4009
Respectfully yours,
BENNETT ENVIRONMENTAL ASSOCIATES, INC.
Todd M. Everson, Sr. Environmental Scientist Linda J. Pinto, PE
Project Manager Project Engineer
Encl. -Site plan entitled, “Daniels/Antinarelli Woodwaste Reclamation Facility…”, prepared by
Bennett Environmental Associates, Inc., dated March 28, 2011 [Rev. 3/27/12].
-Photodocumentation of Current Site Conditions [March 2011]
-Inspectors Daily Records of Work Progress [#11 (3/26/2012)]
-Interned Woodwaste Volume Calculations
Cc. Paul and Steven Daniels – Daniels Landscaping & Construction, Inc.
Michael Antinarelli – AMA Excavating
Bob Johnson, Solid Waste – MassDEP
Nancy Ellis Ice, Vice Chairman – Brewster Water Quality Review Committee and
Director – Brewster Board of Health
APPENDIX B
GROUND-MOUNTED
PHOTOVOLTAIC SYSTEM
0 FREEMANS WAY
BREWSTER, MASSACHUSETTS
JUNE 19, 2020
REVISED: AUGUST 10, 2020
1 TITLE SHEET
2 EXISTING CONDITIONS PLAN
3 SITE PREPARATION &
EROSION CONTROL PLAN
4 LAYOUT & MATERIALS PLAN
5 GRADING & DRAINAGE PLAN
6 UTILITY PLAN
7-8 DETAILS
NEXTGRID, INC.
PO BOX 7775 #73069
SAN FRANCISCO, CA 94120
LOCUS MAP
ISSUED FOR PERMITTING
NOT FOR CONSTRUCTION
LOCUS
INDEX OF DRAWINGS
349 Main Street - Route 28
W. Yarmouth, Massachusetts
02673
508 778 8919
SCALE 1"=40'
LEGEND
MA
KEY MAP
LOCUS
BREWSTER,
Mid-Cape Highway (Rte 6)
MONITORING WELL (BEA)
TP
MW
CONCRETE BOUND
Freeman's W
a
y
Rte 39TEST PIT (DONE BY OTHERS)
SOIL SAMPLE (BEA)
SCALE:BY:CHECK:JOB NUMBER:
P.O. BOX 7775 # 73069 - SAN FRANCISCO, CA 94120
PHONE: (508) 896-1706 FAX: (508) 896-5109
1573 MAIN STREET, BREWSTER, MA 02631
LICENSED SITE PROFESSIONALS, ENVIRONMENTAL SCIENTISTS,
www.bennett-ea.com
GEOLOGISTS, ENGINEERS
BENNETT ENVIRONMENTAL
ASSOCIATES, LLC.
6/30/20 As Noted HDR DCB K11273
PROJECT:
TITLE:
DATE:
BEA
NEXTGRID PATRIOTS, LLC
EXISTING CONDITIONS SITE PLAN
WHOLLY OWNED ENTITY OF NEXTGRID, INC.
0 50 100
SCALE 1"=50'
150
SKETCH PLAN
A NATURAL SYSTEMS UTILITIES COMPANY
LANDFILL CLOSURE (SW-43) AND POST CLOSURE USE (SW-37 PERMITTING)
6138/395 WATT PANELS
989 FREEMANS WAY - BREWSTER, MA 02631 (PARCEL IDs 119-6-0 AND 119-8-0)
REFERENCES:
TOPOGRAPHAPHY PERIMETER SURVEY PERFORMED BY JOHN
DEMAREST OF DEMAREST LAND SURVEYING APRIL 22, 2020 AND
REVISED FOR CURB CUT OFF FREEMANS WAY MAY 11, 2020.
BASED ON PLAN ENTITLED "SUBDIVISION OF LAND IN BREWSTER FOR
MICHAEL ANTINARELLI AND STEVE DANIELS ...", BY RYDER & WILCOX
ORLEANS, MA, DATED JULY 22, 2015 (PLAN BOOK 660, PAGE 91).
VERTICAL DATUM AND HORIZONTAL DATUM TO REMAIN IN THIS AREA
UNDER REFERENCES.
349 Main Street - Route 28
West Yarmouth, Massachusetts
02673
508 778 8919
IN
ISSUED FOR PERMITTING
NOT FOR CONSTRUCTION
GROUND-MOUTNED
PHOTOVOLTAIC
0 FREEMANS WAY
BREWSTER
MASSACHUSETTS
(BARNSTABLE COUNTY)
SITE PREPARATION &
EROSION CONTROL PLAN
JUNE 19, 2020
SYSTEM
349 Main Street - Route 28
West Yarmouth, Massachusetts
02673
508 778 8919
IN
ISSUED FOR PERMITTING
NOT FOR CONSTRUCTION
GROUND-MOUNTED
PHOTOVOLTAIC
0 FREEMANS WAY
BREWSTER
MASSACHUSETTS
(BARNSTABLE COUNTY)
LAYOUT & MATERIALS
PLAN
JUNE 19, 2020
SYSTEM
349 Main Street - Route 28
West Yarmouth, Massachusetts
02673
508 778 8919
IN
ISSUED FOR PERMITTING
NOT FOR CONSTRUCTION
GROUND-MOUNTED
PHOTOVOLTAIC
0 FREEMANS WAY
BREWSTER
MASSACHUSETTS
(BARNSTABLE COUNTY)
GRADING & DRAINAGE
PLAN
JUNE 19, 2020
SYSTEM
E
E
OHWE
E
349 Main Street - Route 28
West Yarmouth, Massachusetts
02673
508 778 8919
IN
ISSUED FOR PERMITTING
NOT FOR CONSTRUCTION
GROUND-MOUNTED
PHOTOVOLTAIC
0 FREEMANS WAY
BREWSTER
MASSACHUSETTS
(BARNSTABLE COUNTY)
UTILITY PLAN
JUNE 19, 2020
SYSTEM
349 Main Street - Route 28
West Yarmouth, Massachusetts
02673
508 778 8919
IN
ISSUED FOR PERMITTING
NOT FOR CONSTRUCTION
GROUND-MOUNTED
PHOTOVOLTAIC
0 FREEMANS WAY
BREWSTER
MASSACHUSETTS
(BARNSTABLE COUNTY)
DETAIL SHEET
JUNE 19, 2020
SYSTEM
349 Main Street - Route 28West Yarmouth, Massachusetts02673508 778 8919INISSUED FOR PERMITTINGNOT FOR CONSTRUCTIONGROUND-MOUNTEDPHOTOVOLTAIC 0 FREEMANS WAYBREWSTERMASSACHUSETTS(BARNSTABLE COUNTY)DETAIL SHEETJUNE 19, 2020SYSTEM
APPENDIX C
Page 1-JD Letter, NextGrid Inc., Freemans Way, Brewster, February 7, 2020
Via Email
February 7, 2020
NextGrid Inc.
c/o Daniel Serber, Director of Development
3584 Holland Drive
Santa Rosa, CA 95404
Re: Jurisdictional Determination- Change of Use
NextGrid PV Array/ Battery Storage Proposal
Freemans Way, Brewster, MA 02631 (Town Assessors Map 119 Parcels 6&8)
Dear Mr. Serber:
I agree with the reasoning and conclusions contained in your February 4, 2020 request to me
regarding the above-referenced matter (copy attached). It is my opinion that the proposed
ground-mounted solar array and battery storage installation as depicted in your plan set 1 (copy
attached) does not constitute a “Change of Use” within the meaning of Sections 1(c) and 4 of
Chapter A: Enabling Regulations Governing Developments of Regional Impact (as revised
April 19, 2018), and further does not meet or exceed any of the mandatory Development of
Regional Impact (DRI) review thresholds appearing in Section 3 of said Chapter A.
Essentially, the proposed use and development is not substantially different in nature, kind, or
purpose than the existing outdoor industrial use and development (sand and gravel pit; waste
handling) historically undertaken on the property, and further, the proposal presents a
putatively less intense or impactful development scenario, at least at the regional scale, than
under the existing conditions or certain alternative proposals, especially given underlying water
resource issues.
Accordingly, it is my opinion that NextGrid’s proposal as depicted in the above-referenced plans
does not require mandatory DRI review by the Cape Cod Commission under current
regulations. This determination in no way limits the town’s local permitting authority,
interpretation, or administration.
Notwithstanding the above, this opinion does not affect the ability to make or accept a
“Discretionary Referral” of the proposal pursuant to Section 12(e) of the Cape Cod Commission
Act. Further, the Commission’s regulations require mandatory DRI review for any proposed
development which requires preparation of an Environmental Impact Report (EIR) under the
Massachusetts Environmental Policy Act (MEPA). I expressly provide no opinion about
1 Utility Interconnection Set including schematic layout/ site plan and details/ datasheets entitled
“Photovoltaic System for NextGrid-Brewster, Freemans Way,” last revised dated 11/7/2019, consisting of
Sheets PV001, PV601, PV602 & PV603.
Page 2-JD Letter, NextGrid Inc., Freemans Way, Brewster, February 7, 2020
whether the proposal might require the preparation of an EIR, and thus could require
mandatory DRI review on this basis.
The foregoing is my determination as Chief Regulatory Officer of the Cape Cod Commission
specific to the proposal discussed herein. If you would like to request a jurisdictional
determination from the Commission board, you or Town of Brewster officials may do so in
accordance with Section 12(j) of the Cape Cod Commission Act.
Please do not hesitate to contact me with any questions as necessary.
Sincerely,
Jonathon Idman
Chief Regulatory Officer
ENC
CC w/ ENC:
File
Victor Staley, Brewster Building Commissioner via email
Ryan Bennett, Brewster Town Planner via email
Elizabeth Taylor, Brewster Cape Cod Commission Representative via email
Harold Mitchell, Cape Cod Commission Chair via email
Revised 10-2019 Staff Review Application Page 1 of 2
STAFF REVIEW APPLICATION
Application # _______________________
Check categories that apply (other than a single or two-family dwelling):
□A new principal non-residential building
□An increase in floor area by more than 500 square feet through either a new accessory
building or a 500 square foot building addition or an increase in lot coverage by 10% or
more
□Alteration to a parking facility having 10 or more spaces
□Removal of existing vegetative ground cover from more than 10,000 square feet of site
area
□Any Change of Use of an existing building and/or property as listed in Chapter 179 of the
Code of the Town of Brewster, Massachusetts
□ A development required by the Zoning By-law to seek Staff Review
□ A new personal wireless services facility
□ A new medium or large-scale wind energy turbine, as defined in Chapter 179, Article IX,
Section 179-40.2, Subsection C
□ A new utility-scale solar energy installation
□ Other: _________________________________________________________
Applicant’s Name ______________________________________________________________
Tel. # ___________________________ E-mail ______________________________________
Address of Proposed Work ______________________________________________________
Current Map _______ Current Lot _______ Zoning District ____________________________
Owner’s Name/Mailing Address __________________________________________________
Agent/Contractor Name _______________________ Tel. # ____________________________
Address_______________________________ E-mail ________________________________
Description of Work ____________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
508-896-3701 x1133
brewplan@brewster-ma.gov
Revised 10-2019 Staff Review Application Page 2 of 2
STAFF REVIEW SUBMISSION REQUIREMENTS
Please submit an electronic copy of your Staff Review Application and accompanying
documents to the Planning Department via e-mail to brewplan@brewster-ma.gov.
Please submit 2 copies of the Staff Review Application along with the following:
A. Site Plan (2 copies). Please provide a (11” x 17”) plan showing the following:
1. The location and boundaries of the site and any lots proposed.
2. An indication of each zoning district and overlay district involved.
3. The use and ownership of adjacent premises, approximate location of buildings
within 50 feet of the site and, if the proposal may include on-site sewage disposal,
the approximate location of any wells on or off the premises within 300 feet of the
leaching field or other discharge locations.
4. The existing and proposed buildings, streets, ways, drives, walks, service areas,
parking spaces, loading areas, fences and screening, utilities, waste storage and
disposal facilities, wells and drainage facilities, to the extent these have been
designed.
5. The existing and proposed topography and vegetation, indicating areas of retained
vegetation and identifying the location of any trees exceeding eight inches in trunk
diameter 4 ½ feet above grade, if proposed for removal, and identifying size and
species of trees and shrubs to be planted, if known.
6. An indication of wetlands if known and other areas subject to control under the
Wetlands Protection By-law, and the one hundred foot zone surrounding such areas.
7. The location of signs and exterior lighting and accompanying materials to describe
those elements if known.
B. Building plans (2 copies). Building plans and elevations in a general manner.
C. Any other information (12 copies). Other information that could assist staff in
understanding the proposal. Please note that 12 copies of any documents other than the
application, site plan, and building plans are required.
*For early stages of review, or for non-required review, the requirements above do not
apply.
Please contact the Planning Department at 508-896-3701 x1133 or by email at
brewplan@brewster-ma.gov with any questions. Thank you.
Revised 05-2019 Planning Board Application Page 1 of 3
PLANNING BOARD APPLICATION
Please provide twelve (12) copies of the application along with ten (10) 11” x 17” sized plans
and two (2) 18”x 24” sized plans for the Planning Board. Please also provide an electronic
copy of the application and plans in pdf format.
____ Site Plan Review ____ Site Plan Review Waiver
____ Special Permit ____ Modification
Date ______________________________________ Application #
Name of Applicant _____________________________ Phone _________________________
Address _____________________________________ Email __________________________
Owner, if different ______________________________ Phone _________________________
Address _______________________________________ Email _________________________
Name of Representative ___________________________ Phone ________________________
Company Name ________________________________________________________________
Address ________________________________________ Email ________________________
Property Address
Map ____ Lot _______ Zoning District(s) _________________
Deed of property recorded in Barnstable County Registry of Deeds:
Book __________ Page __________ AND/OR
Land Court Certificate of Title No. _______________________________
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
Date & Time Received
Town Clerk’s Office
Revised 05-2019 Planning Board Application Page 2 of 3
Project Description (Please include Use per Chapter 179, Table1 Use Regulations.)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
If Modification, please provide a brief explanation of the requested change/modification.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Staff Review: Uses requiring a Special Permit under Site Plan Review may also be
required to apply for Staff Review as set forth in the Code of the Town of Brewster,
Massachusetts Chapter 83. If the proposal requires Staff Review, it is required that an
application be filed for Staff Review, prior to an application for Site Plan Review, and that
Staff Review be completed before the Planning Board begins Site Plan Review.
Filed for Staff Review (check) Yes _____ Date filed __ No _____
Date of Staff Review _______________________________________________________
The Applicant is responsible for the accuracy of the information provided in this application.
Signature of Owner or Authorized Representative: _____________________________________
(If not Owner, please attach Agent Affidavit)
Site Plan Review Requirements
To be considered complete, a formal Site Plan Review application shall include the information
listed below. The Planning Board may require additional information, if necessary, to complete its
review.
□ A description of the proposed use or uses of the property.*
□ Evidence by the applicant of his title or interest in the property (deed, purchase and sale
agreement, lease or similar instrument).
□ Names and addresses of abutting property owners within three hundred (300) feet.
□ An estimate of the cost of site improvements, including but not limited to the following:*
□ Paving
□ Drainage
□ Sidewalks
□ Retaining Walls
Revised 05-2019 Planning Board Application Page 3 of 3
□ Landscaping
□ Outdoor Lighting Facilities
□ A site plan (map) showing the following information:*
□ Title of drawing including name and address of applicant and person responsible for
preparation of such drawing
□ North arrow, date and scale- minimum scale 1” = 40’
□ Ruled box for date and Board signatures
□ Lot size and zoning classification*
□ Boundaries of property plotted to scale
□ Proposed use(s) of the property*
□ Location and dimensions of all existing and proposed buildings including setback
distances and square footage calculations for each use*
□ Location and design of parking and loading areas
□ Delineation of both regular and handicapped spaces
□ Delineation of reserved parking areas
□ Proposed surface materials
□ Proposed ingress and egress routes including location of road cuts
□ Location and design of all existing or proposed site improvements including:
□ Walkways and sidewalks
□ Refuse storage and disposal
□ Drains and culverts
□ Retaining walls and fences
□ Outdoor storage areas, if any
□ Outdoor lighting facilities
□ Existing trees of more than four (4) inches in diameter, including those located in
road rights-of-way
□ Existing water courses, wetlands, Conservancy District boundaries, and other natural
features of the site
□ Location of wells and/or septic systems, accompanied by design plan(s)
□ Elevation plan (11” x 17”)
□ Grading and drainage plan showing existing and proposed contours, accompanied by
drainage calculations demonstrating structures have been sized using a 25 year design
storm
□ Landscaping plan including:
□ Calculation of proposed green space
□ Location, size and type of shade trees
*Applicants requesting a Site Plan Review Waiver shall provide, at a minimum, the items
noted above.
Revised 05-2019 Planning Board Application Page 2 of 3
Project Description (Please include Use per Chapter 179, Table1 Use Regulations.)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
If Modification, please provide a brief explanation of the requested change/modification.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Staff Review: Uses requiring a Special Permit under Site Plan Review may also be
required to apply for Staff Review as set forth in the Code of the Town of Brewster,
Massachusetts Chapter 83. If the proposal requires Staff Review, it is required that an
application be filed for Staff Review, prior to an application for Site Plan Review, and that
Staff Review be completed before the Planning Board begins Site Plan Review.
Filed for Staff Review (check) Yes _____ Date filed __ No _____
Date of Staff Review _______________________________________________________
The Applicant is responsible for the accuracy of the information provided in this application.
Signature of Owner or Authorized Representative: _____________________________________
(If not Owner, please attach Agent Affidavit)
Site Plan Review Requirements
To be considered complete, a formal Site Plan Review application shall include the information
listed below. The Planning Board may require additional information, if necessary, to complete its
review.
□ A description of the proposed use or uses of the property.*
□ Evidence by the applicant of his title or interest in the property (deed, purchase and sale
agreement, lease or similar instrument).
□ Names and addresses of abutting property owners within three hundred (300) feet.
□ An estimate of the cost of site improvements, including but not limited to the following:*
□ Paving
□ Drainage
□ Sidewalks
□ Retaining Walls