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Home My Public Portal About2020 11 10 Public Meeting PacketH A R W IC HDENNIS O R L E A N S C A P E C O D B A Y WING'S ISLAND NICKERSON STATE PARK MEETINGHOUSE ROADPARCELS PUNKHORN SOUTH PARCELS FREEMAN'S WAYSOUTH PARCELS QUIVETT CREEK MARSH NAMSKAKET CREEK MARSH WATER DEPT. & REC BALL FIELDS MassGIS No Hunting Archery & Primitive Arms Only General Hunting Waterfowl Hunting Only Í 0 1 20.5 Miles Town of Brewster Hunting AreasBREWSTER C O N S E R V A T I O N C O M M I S S I O N N DAJOCT / 2020 D R A F TDRAFT PUNKHORNROAD H A R W IC H SEYMOUR POND WELL SITE MassGIS Archery & Primitive Arm s Only (Deer/Turkey) Prohibited (Hunting Setback) Public Land (No Hunting) Building RoadÍ 0 0.25 0.50.125 Miles Punkhorn South ParcelsBREWSTER C O N S E R V A T I O N C O M M I S S I O N MassGIS H A R W IC HD ENNI SMEETI NGHOUSE ROADELBOW POND WALKER'S POND PINE POND UPPER MILL POND SEYMOUR POND MOTHER'S BOG WELL SITE H A R W IC H SLOUGH POND SEYMOUR PON DTRAILS CALF FIELD PONDTRAILS EAGLE POINTTRAILS CAPE CODPATHWAYS MassGIS Archery & Primitive Arm s Only (Deer/Turkey) Prohibited (Hunting Setback) Public Land Building RoadÍ 0 0.5 10.25 Miles Punkhorn Parklands Marked Hiking Trails B R E W S T E R C O N S E R V A T I O N C O M M I S S I O N MassGIS N DAJOCT / 2020 H A R W IC HDENNISMEETINGHOUSE ROADELBOW POND WALKER'S PONDPINE POND MOTHER'S BOG NOHUNTIN G MassGIS Archery & Primitive Arm s Only (Deer/Turkey) Prohibited (Hunting Setback) Public Land !!!!Cape Pathways Building RoadÍ 0 0.25 0.50.125 Miles Meetinghouse Road ParcelsBREWSTER C O N S E R V A T I O N C O M M I S S I O N MassGIS N DAJOCT / 2020 H A R W IC H MassGIS General Hunting (Water Dept.) Prohibited (Hunting Setback) Undeveloped Private Land No Hunting Public Land Building RoadÍ 0 0.25 0.50.125 Miles Freeman's Way South ParcelsBREWSTER C O N S E R V A T I O N C O M M I S S I O N MassGIS TOWN WELL TOWN WELL N DAJOCT / 2020 INDEPENDENT ENVIRONMENTAL CONSULTANTS, INC. 162 West Long Pond Road, Plymouth, MA 02360 508-274-0310 October 15, 2020 Brewster Conservation Commission Brewster Town Hall, Main Street Brewster, MA 02631 Re: Adailton Figuieredo, 3447 Main Street, Map 114, Parcel 46, Brewster, MA Commission Members, The subject property, Map 114, Parcel 46, contains an upland topographical depression located within upland area, with aerated soils, fine sandy loams (FSL), located within the Southeast corner of the property, just downgradient of the bike trail. The previous property owner constructed a small man- made Koi Pond located within this subject topographical depression area in 1973. An area was cleared and dug out for the Koi Pond, and a layer of clay (impervious soil layer) was installed within the bottom of the man-made Koi Pond, to hold water within the man-made pond. A well was installed within the southeast section of the property to provide well water for the Koi Pond. The well was dug to a depth of 66 feet, to provide groundwater for the man-made pond. Without the installed well to supply well water to the man-made Koi Pond, the man-made pond located within this upland area of land would dry up. The well has been disconnected within this depression area. The current property owner installed some irrigation lines down into the topographical depression to provide water for a small baseball field for his children. These irrigation lines will no longer be used. Conditions will get drier within this topographical depression area. Overtime, without the well water regularly pumping water (disconnected well) into the depression and man-made pond, the installed clay layer located under the man-made Koi Pond has dried and developed deep cracks throughout the dry clay layer. The dried clay layer with deep cracks allows for the downward movement of precipitation to the underlying absorbent soils, fine sandy loams. The previously installed (1973) clay layer is no longer functioning as an impervious layer. The 47 year old clay layer now has dried clay conditions with deep cracks throughout the dry clay layer, which now allows for the significant infiltration of precipitation (rain-water and snow) down into the underlying natural fine sandy loam soils, with aerated soil conditions/pervious soil conditions, allowing for the downward movement of precipitation/water within this topographical depression area. The past man- made Koi Pond no longer exists. This topographical depression located within the southeast section of this subject property Map 114, Parcel 46, is now returning to the once natural upland topographical depression area that once existed within this property; prior to the construction of a man-made Koi Pond in 1973. Existing soils within the topographical depression are fine sandy loam soils, aerated soils, upland soils with high infiltration rates. Again, the clay layer that was installed within the topographical depression for and impervious soil layer back in 1973, no longer functions as an impervious soil layer, the dried clay layer with deep cracks throughout allows for the infiltration of precipitation down into the underlying fine sandy loams located below the old clay layer. Existing test holes dug within the bottom of this subject topographical depression on 10-1-20, showed completely dry, pervious, soil conditions, aerated soils down to a depth of 40 inches. No groundwater was observed within the test holes. No saturated soils were observed. Soils were completely dry down to a depth of 40 inches. The fine sandy loam (FSL) soils, well aerated soils, pervious soils with high infiltration rates, are classified as upland soils (non- wetland) soils. No wetland soils were observed within this topographical depression area. These test holes were dug during the Fall season of 2020, during the growing season, with full leaf out conditions, and during drought conditions on Cape Cod. Again, the test holes were dug within the bottom of the topographical depression, to a depth of 40 inches deep, with no signs of groundwater or saturation of soils to a depth of 40 inches. These test holes were dug during the growing Fall growing season of 2020. *Wetlands will show physical evidence of groundwater and/or saturated soil conditions with anaerobic soil indicators located within 18 inches below the land surface, during the growing season. There are no regulated freshwater wetland resource areas located within this subject topographical depression, within the Southeast corner of this subject property. There is no isolated vegetated wetland or isolated land subject to flooding. There is no wetland resource area under the jurisdiction of DEP Wetlands SERO or the Brewster Conservation Commission located within this topographical depression within the Southeast corner of Map 114, Parcel 46. This topographical depression is classified as an upland topographical depression. Paul 1. Shea, PWS President History of Topographical Depression Within Property, 3447 Main Street, Brewster, MA 1. 1973 — Man-made Koi Pond was constructed within the upland topographical depression located in the Southeast corner of the property, by the past property owner. This work included the clearing of vegetation within the bottom of the topographical depression, and excavation of existing soils — fine sandy loams, and the installation of a layer of clay (impervious soil layer) within the bottom of the topographical depression, to hold water for a man-made Koi Pond, to support the fish species within the man-made pond. 2. 1973 — A well and well pump was installed within the bottom of the topographical depression to supply well water to the man-made Koi Pond. The well was dug to a depth of 66 feet below the land surface of the bottom of the topographical depression area to provide groundwater for the man-made pond. Within the well, the groundwater elevation was 38 feet below the land surface of the bottom of the topographical depression according to the well driller who installed this well. 3. 2015 - Adailton Figuieredo purchased the property in 2015. The well and well pump located within the bottom of the topographical depression was shut off. Without the well water being pumped into the man-made Koi Pond from the well, the man-made Koi Pond dried up. Without the well water/groundwater being pumped into the man-made pond, the layer of clay (impervious soil layer) installed for the bottom of the man-made pond back in 1973 began to dry. As the clay layer has dried over time, deep cracks have developed within the dry clay layer, allowing for the infiltration of precipitation and the downward movement of precipitation to the underlying fine sandy loam soils (pervious soils) within the topographical depression. 4. 2020 - In October of 2020, this topographical depression area of land has turned back into the upland area of land that it was in the past. The well and pump system installed within the bottom of the topographical depression has been shut off. The man-made Koi Pond (1973) is gone. The impervious clay layer installed under the man-made pond in 1973, has dried out and has deep cracks, allowing for downward movement of precipitation to the underlying pervious soils (fine sandy loams). Again, the man-made Koi Pond was man-made, it was not a natural wetland feature, it was man-made. This upland area of land located within the bottom of the subject topographical depression has become an upland play area for Mr. Figuieredo's children. 42.2 43.3 43.09 43.13 (21) Wintergreen PLANTING PLAN | FEBRUARY 27, 2020, REVISED OCTOBER 6, 2020 MEYER | 361 SLOUGH ROAD, BREWSTER, MA BLUEFLAX DESIGN LLC | HARWICH, MA 774-408-7718 | www.blueflaxdesign.com N Remove 5 broken and leaning oak trees close to house Relay existing stone walkway in existing footprint Mitigation Planting AreaRemove Autumn Olive at edge of proposed driveway DATE REVISION MADE INITIALS 9/1/20 DECK SIZE REDUCED, MITIGATION LAYOUT ADJUSTED EKV DECK SIZE REDUCED, MITIGATION LAYOUT ADJUSTED9/24/20 EKV 10/6/20 PATIO ADDED, MITIGATION LAYOUT ADJUSTED EKV Proposed Driveway Proposed Patio PLAN NOTES • Site Plan provided by Clark Engineering Inc. • This plan proposes and expansion of deck, driveway, walkways and patio within the buffer to a BVW. •612 square feet of typical landscaping and lawn will be restored to native, naturalized planting to mitigate for the increase in structure. • Existing structure and lawn will be removed from the mitigation area and planted with a mix native shrubs and perennials. •Temporary irrigation will be required for new plantings for the first two to three growing seasons while plants establish. Once plants are established irrigation will be removed. • All proposed walkways are to be dry laid construction. • Gutters will be directed into drywells. • Five (5) damaged and/or leaning (hazardous) oak trees are proposed to be removed from the south side of the property due to safety concerns. • One (1) invasive autumn olive tree will be removed at the edge of the proposed driveway and replaced by 1 serviceberry tree. PROJECT AREA Google Earth aerial image of 361 Slough Road in Brewster, MA. The approximate project area is shaded in yellow. PROPERTY LINE TOP OF BANK 100’ BUFFER TO TOP OF BANK 50’ BUFFER TO TOP OF BANK MITIGATION PLANTING AREA Lawn to be reomoved, the area to be planted with native shrubs and perennials PLANTING SCHEDULE TREES BOTANICAL / COMMON NAME CONT QTY Amelanchier canadensis / Serviceberry 7 gal 1 Pinus strobus / White Pine 10 gal 3 SHRUBS BOTANICAL / COMMON NAME CONT QTY Clethra alnifolia / Summersweet Clethra 3 gal 10 Comptonia peregrina / Sweet Fern 1 gal 23 Ilex glabra / Inkberry Holly 3 gal 1 Rhus aromatica / Fragrant Sumac 3 gal 10 PERENNIALS BOTANICAL / COMMON NAME CONT QTY Dryopteris marginalis / Marginal Shield Fern 1 gal 10 Heuchera americana / American Alumroot 1 gal 7 Rudbeckia hirta / Black-eyed Susan 1 gal 5 GROUND COVERS BOTANICAL / COMMON NAME CONT SPACING QTY Gaultheria procumbens / Wintergreen 1 gal 16" o.c. 26 PLANT SCHEDULE POND CAPE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 Tel 508-385-1445 / Fax 508-385-1446 bobperry@capecod.net October 15, 2020 Town of Brewster Conservation Commission 1657 Main Street Brewster, MA 02631 RE: 313 Nelson Street, Brewster – SE 9-1862 To the Conservation Commission, Enclosed please find a plan revised and redated to include instructions relative to the drain pipe currently existing within the revetment and to remove the beach access stairs and seating platform expansion. After a review of the available record plans and a review of Greg Berman’s report, with follow- up discussion with Greg, the annual sediment nourishment would be 23 cubic yards per year. This material is eligible to be placed periodically on locus or at a location nearby such as Ellis Landing with appropriate coordination with the Town of Brewster. Additionally, the applicant would like to provide sediment nourishment of 100 c.y, placed over the revetment face at the end of construction when completed prior to demobilizing. The sediment material will disperse into the system with successive tides and also be a hedge against interstitial settlement of the beach deposit as occasionally occurs with revetment construction. We will provide grain size information and be consistent with policies regarding that. DMF concerns for nourishment slope are of no significant concern as the intended purpose is to fill in the stone spaces and have a rapid departure into the beach system. • Additional information requested in an email from the Brewster DNR dated October 20, is included here. A 20 scale “Construction Staging Plan” mark-up plan is attached. Interviews with the construction contractor John Martin add to the available information. There is a need to operate from the bay side of the revetment. Such work will not occur during times when any tidewater is present. Machines shall be taken to the upland when not in use. Armor stone shall be temporarily set down upon the beach as the job progresses as is typical practice. To properly confine bed stones a steel bin shall be stationed at the bottom the access slope to contain bed stone. The bin is a clean sturdy steel box and with abundant bed stone is non-buoyant and is a temporary benefit to keep bed stone in one place. There is no aquatic vegetation within or near the work zone. The profile A-A on the plan as well as the 20 scale plan view show the relationship of the visible and subsurface stone to the dynamic MHW line and shows an accurate depiction of the physical conditions. Access shall be direct via Nelson Path, turning onto the 313 Nelson Path property site at the intersection of Ring Rock Road and Nelson Path. A small outcropping of vegetation, a scrub cherry and bush honeysuckle will be affected and replaced with native shrubs. A photo is attached of this area. Figure 1 – View from revetment toward Nelson Path. Proposed access will affect the shrub group just to the right of the utility pole (predominant Bush Honeysuckle). The fence will be set aside and access will cross the lawn and hold to the edge of the existing path until past the house, then pass well to the right of the foreground vegetation. Septic system is on the opposite side of the house, clear of conflicts. The route shall be fully restored with planting of native shrubs along the fence line to replace the bush honeysuckle. The DMF correspondence is appreciated and we don’t see the same concerns. Discussions over the last week or so have focused on the fact that the proposed work on this stone revetment will not cause for any seaward relocation. The stairway has been eliminated and the deck shall be reconstructed to the existing dimension 8 ft. x 7 ft. With respect to the 10/6/20 DMF letter, many of the issues raised relate to best construction management practices, already part of the program. Other concerns are addressed as follows: • The proposed sand on the revetment face was not intended to be a formal sediment nourishment project for which the DMF interests may have interpreted it to be . Drawing a profile view of temporary sand to be placed on the revetment face that will be in a constant state of flux into the revetment and the beach sediment system from the moment of placement serves no purpose. • The sediment will be consistent in grain size for the beach and contain far less fines ( 2%) than the 10% limit of DEP guidelines. • There will be no seaward encroachment of the revetment. • The upland is level with no significant threat of runoff. No work is proposed within the ramp area and that zone remains as is. The 2005 design of the ramp included provisions for additional bed stone beneath the ramp intended to intercept runoff from the long hill of Nelson Path. We believe this feature has been successful to reduce the road runoff into the Bay which had been a problem prior to 2005. • There will be no equipment stored near the top of the bank. There will be some stone periodically placed on the sand at the edge of the intertidal zone which consists of sand with no vegetation. A steel storage box of approximately 20 c.y. is intended to be on the beach to confine bed stone as it is delivered. The use of such a bin is a valuable, practical feature on the part of the contractor. Often, revetment construction does not utilize practical such a prevention measure and bed stone is lost to the local beach deposit . It is impractical to construct a stone revetment of this size from the upland when there is no habitat -related threat during the time of year term of the work effort. Shellfish typically do not populate the dynamic sand zone at the boundary of the beach / intertidal zone. • No re-fueling will be done unless the equipment is moved back to the street. Spill kits are on site at all times of machine presence. • The time of year for construction is consistent with DMF preferences and there is no shore front habitat (e.g. horseshoe crab egg laying) that is viable during the preferred construction period. Thank you for your time and assistance to review this project. Please contact me directly should you have any questions. Sincerely, Cape Cod Engineering, Inc. Robert M. Perry PROJECT DESCRIPTION — Freshwater Pond Enhancements — small, man-made pond located downgradient from Mariners Court, Ocean Edge, Brewster, MA. The proposed project by the applicant includes enhancements to the small, man-made freshwater pond located downgradient from Mariners Court within Ocean Edge in Brewster. The small man-made pond is a shallow freshwater pond located within an area of reduced topography, which has a stone lined edge around the perimeter of the pond, and which also has a man-made water control structure located within the downgradient edge of the pond. A stream flows into the pond, and pondwater flows out of the pond at the man-made water control structure. This stream/river flows downgradient from the pond through a channel within a bordering vegetated wetland (wooded swamp) to the marine waters of Cape Cod Bay. This small, shallow, freshwater pond is a man-made pond, an open-water landscape feature, that was constructed at Ocean Edge, during the original development of the property in the past. This small man-made pond was created as a landscape feature, open-water area, surrounded by grassed upland areas. The applicant would like to restore the open-water environment of the small pond that existed in the past and increase flushing within the pond. This proposed project will increase the water views of the pond for residents and guests. The small freshwater pond receives surface water flows, groundwater flows, and a stream flow into the low-lying, man-made pond. This low-lying small pond is a receiving pond, which receives surface water runoff and groundwater flows from the adjacent upland areas of land. The surface water flows and groundwater flows entering the small and shallow pond include water flows from past developed upland areas of land, including residential houses, lawns, and septic systems, extending to Route 6A. The surface water flows, groundwater flows, and stream flow entering the subject downgradient freshwater pond from past developed areas of land, include waters with increased levels of nitrogen, phosphorus, nutrients, fertilizers, and pollutants, which will negatively impact the water quality of the receiving pond waters of the subject small, shallow, man-made freshwater pond. This small, shallow, freshwater man-made pond is acting as a receiving pond for negatively impacted surface water runoff, groundwater, and stream flow, from upgradient negatively impacted developed upland areas, located adjacent to Route 6A in Brewster. Currently the small pond has emergent plant species growing and spreading within the small, shallow, pond. The emergent plant species located within the pond are reducing the areas of open water within the small pond, and reducing the open water views of the pond, by the ongoing spreading of the pond emergent vegetation and the ever increasing height of the pond vegetation, within the pond. The applicant would like to manage the growth of the existing vegetation within the pond, create more open water areas and improve water views within the pond; and also improve the water quality conditions within the small, shallow, man-made freshwater pond. Proposed work activities will occur within the pond. The project includes the following: 1. Test and evaluate the existing water quality of the subject freshwater pond water. 2. Remove any trash and debris located within the pond. 3. Remove any trash and debris located within the water control structure, or within the outlet area for the stream flowing downgradient out of the pond. 4. Improve the water quality conditions within the man-made pond by increased flushing of the shallow pond water (by management), using the existing water control structure located at the downgradient edge of the pond. 5. Improve the open water views of the freshwater pond for residents and guests. 6. Reduce the height of the existing vegetation growing within the pond, in order to increase the open-water views of the pond for residents and guests. 7. Remove any invasive plant species and/or nuisance plant species growing within the pond, and plant native wetland/aquatic plants within the pond, which can improve water quality conditions within the pond, and improve wildlife habitat within the pond. 8. Reduce fertilizer and nutrient loadings and impacts to the pond, and within the 100' buffer zone surrounding the pond. 9. Reduce negative water quality environmental impacts to the receiving pond from the surrounding adjacent upland areas of land. 10. Maintain the existing native plants currently growing within the 100' buffer zone around the perimeter of the subject pond, previously approved by the Brewster Conservation Commission under a separate Order of Conditions in 2019. The proposed project will not result in adverse impacts to the subject man-made freshwater pond. The proposed project will result in improved water quality conditions within the subject man-made pond, improved aquatic conditions, improved ecology, and improved wildlife habitats located within the small freshwater pond. The physical pond conditions will be enhanced by this proposed project, within this small, shallow, man-made freshwater pond. The proposed project meets the performance standards of the state Wetlands Protection Act. Refer to the project site plan Man-made Pond Re-landscaping, Ocean Edge Resort, Brewster, by: Philip L. Cheney, dated 8-6-19. Water Management of the man-made, freshwater pond, with and outlet control structure at Ocean Edge, off Mariners Court, Brewster, MA The applicant proposes to manage the flow of water through this small, shallow, man-made, pond at Ocean Edge. A stream flows through this freshwater pond. The stream (groundwater and surface water flows) enters the man-made pond at the southern edge of the pond, at the rock wall area. The stream flows through the pond to a man-made outlet control structure located at the northern edge of the pond. The stream flows downgradient through the outlet control structure, as a perennial river, which flows downgradient through a channel located within a bordering vegetated wetland, to the coastal/marine waters of Cape Cod Bay located downgradient to the North. The applicant proposes to manage the flow of water through the man-made pond by utilizing the existing pond/stream outlet control structure located at the northern edge of the man-made pond. The applicant proposes to increase flushing within the small, shallow, man-made pond, by utilizing the outlet control structure, as a means of increasing flushing within the pond and increasing stream flow through the pond at required times. By increasing flushing within the freshwater pond, the applicant hopes to improve the water quality conditions within this pond. The applicant also hopes to improve water quality conditions within this pond by removing nuisance and invasive plant species within the pond, and by replacing these plant species with native plant species to help improve the ecological conditions within the man-made pond. The goal is to improve the water quality conditions within this low-lying man-made freshwater pond, which receives negatively impacted water flows from developed areas of land within increased topography, located to the South; including wastewater flows from existing septic systems, runoff from lawn areas, and stormwater runoff from impervious surface roadways - Route 6A and other asphalt roads and driveways. ex. willowex. willowex. willowex. willowex. willowex. willowGrindEx. willowstumpex. cedarex. spruceex. cedarsex. spruceex. cedarex. lilacex. Viburnumex. spruceex. spruceex. spruceex. cedarex. cedarLast existing fence postSelectively pull invasive shrubs:Euonymus, Privet, Multiflora Rose, etc.,while saving healthy Arrowwood, Blueberry,and Tupelo. Maintain shrubs at height of 3-4'ex. ViburnumPull invasive shrubs:Privet, Multiflora Rose, etc.,while saving healthy ArrowwoodArea is dominated by invasive plants:Privet, Porcelain berry, Honeysuckle,Bittersweet, etc. Remove all existingvegetation between cedar and willowand plant as shown.Area is primarily healthy native shrubs (Cornus and Pussy willow)with Jewelweed and other native herbaceous plants.Pull any invasive shrubs where found.Existing Stone-linedMan-made PondNORTH(11) Rose MallowMeadow-Sweet (11)Highbush Blueberry (9)Black Chokeberry (5)Arrowwood (8)Swamp Rose (14)Winterberry (5)Swamp Azalea (7)Winterberry (6)Swamp Rose (9)Swamp Azalea (8)(8) Joe Pye Weed(4) Rose Mallow(30) Common Boneset(8) Joe Pye Weed(3) Rose MallowBlue Flag (10)Joe Pye Weed (5)Plant 15' buffer strip (+/-2600sqft)of perennials and shrubs shownand seed with "Harmony Mix" grassPull woody plants as they appearover time.Plant 1800sqft ofNative Shrubsas shownRemove Privet thicketand seed lawn with "Harmony" mixExtend rail fencing with 8 additional10' sections from existing end.50' from Edge of Pond100' from Edge of Pond(17) Meadow-Sweet(148) Lowbush BlueberrySheep Laurel (10)Sheep Laurel (9)Sheep Laurel (8)(9) Sheep LaurelNATIVE SHRUBSBOTANICAL NAMECOMMON NAMESIZE5Aronia melanocarpaBlack Chokeberry3 gal15Azalea viscosumSwamp Azalea3 gal11Ilex verticillataWinterberry3 gal36Kalmia angustifoliaSheep Laurel2 gal23Rosa palustrisSwamp Rose1 gal28Spiraea latifoliaMeadow-Sweet1 gal148Vaccinium angustifoliumLowbush Blueberry2 gal9Vaccinium corymbosumHighbush Blueberry3 gal8Viburnum dentatumArrowwood3 galPERENNIALSBOTANICAL NAMECOMMON NAMESIZE21Eupatorium maculatumJoe Pye Weed1 gal30Eupatorium perfoliatumCommon Boneset1 gal18Hibiscus moscheutosRose Mallow1 gal10Iris versicolorBlue Flag1 galPLANT SCHEDULE0feet401" = 20'2060Man-made Pond Re-landscapingOcean Edge Resort, BrewsterBy: Philip L. Cheney 508-394-1373Scale: 1" = 20'-0" 8/6/2019Plan drawn from field measurements by designer. Important: When filling out forms on the computer, use only the tab key to -move your Cursor - do not use the return key Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A - Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number Provided by DEP A. Project Information 1. This request is being made by: Christopb Reinhart Name 89 Wendell Street Mailing Address Cambridge CityfTown --1 1 &3 Phone Number MA State This request is in reference to work regulated by a final Order of Conditions issued to: Christo_ph Reinhart Applicant 02/02/2016 SE 9-1688 Dated DBP File Number 3. The project site is located at 73 Hamilton Cartway Brewster Street Address City/Town Map 93 Lot 8 Assessors Map/Plat Number Parcel/Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for Christoph Reinhart Property Owner (if different) Barnstable 29469 02138 Zip Code County Book Certificate (if registered land) This request is for certification that (check one): 134 Page the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. q the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). F.1 the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a doc rev 5/29/14 Page 1 of 2 Massachusett epartment of Environmental ProYction Bureau of Resource Protection - Wetlands WPA Form 8A - Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: Provided by DEP A. Project Information (cont.) Did the Order of Conditions for this project, or the portion of the project subject to this request. contain an approval of any plans stamped by a registered professional engineer, architect. landscape architect, or land surveyor? E Yes El No If yes. attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). if the project received an OOC from the Conservation Commission, submit this request to that Commission. if the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (s -c http://www.mass.goWeea/agencies/massdep/about/contacts/finci-the-massdep-regional-office- for-your-city-or-town.html). wpaform8a doc rev 5/29/14 Page 2 of 2 CIVIL ENGINEERING il *VA7C4? Rir-R.J'llAR::£.5 ENV. RONMENTAL EA NtIANT taTRULT 1/14.4. WATERFRONT east cape engineering, inc. 44 Route 28 P.O. Box 1525 Orleans* AAA 02653 508-255-7120 PHONE 508-255-3175 FAX WEB SITE: www.oastcapeenglneering.com September 12, 2020 Brewster Conservationtommission 21% Steed Brewster, MA 02631 Re: Compliance 73 Hamilton Cartway Order of Conditions Book 29469 page 149 DEP* SE9-1688 Members of the Commission - LAND SURVEYING -So TE 'M.-ANN! WI, CERT If I EAD P1Mfts have visited the site at 73 Hamilton Cartway and found that the project has been completed according to plan: 1. The new septic system is installed and has been inspected and approved by the Brewster Board of Health. 2. The deck paving over the septic tank and pump chamber, the steps to the dock, the steps to the porch and the gas fine have been installed according to plan. 3. The mitigation plantings have been planted as per plan and are healthy particularly over the disturbed leaching area. We believe the Order of Conditions has been adhered to and completed and would hereby request a Certificate of Compliance. Timothy J. Bra President wpaform8a.doc •• rev. 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 009-1542 Provided by DEP A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. This request is being made by: CF Brewster LLC care of Bill Peltz, CF Holdco LLC Name 127 Washington Avenue, West Building, Lower Level Mailing Address North Haven City/Town CT State 06473 Zip Code 856-381-2289 Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: American Captical Energy Applicant 2/21/2012` Dated 009-1542 DEP File Number Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. 3. The project site is located at: 201 Run Hill Road Street Address Brewster City/Town 35 Assessors Map/Plat Number 1 Parcel/Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for: Town of Brewster Property Owner (if different) Barnstable County 27626 Book 131-145 Page Certificate (if registered land) 5. This request is for certification that (check one): the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc •• rev. 5/29/14 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 009-1542 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office- for-your-city-or-town.html). westonandsampson.com Offices in: MA, CT, NH, VT, NY, PA, MD, NC, SC & FL 55 Walkers Brook Drive, Suite 100, Reading, MA 01867 Tel: 978.532.1900 November 3, 2020 Noelle Aguiar, Conservation Administrator Brewster Conservation Commission 1657 Main St Brewster, MA 02631 Re: Certificate of Compliance Brewster Landfill Solar Project 201 Run Hill Road Brewster, MA 02631 DEP File No. 009-1542 Dear Ms. Aguiar and Members of the Conservation Commission: Weston & Sampson Engineers, Inc. (Weston & Sampson) on behalf of CF Brewster LLC and CF Holdco LLC, is hereby requesting a Certificate of Compliance for the above-referenced project. A Notice of Intent was filed by Weston & Sampson, on behalf of the Town of Brewster (Landowner) and American Capital Energy (prior owner of the solar development project) on December 2, 2011. The Town of Brewster Conservation Commission issued an Order of Conditions, dated February 21, 2012, which was subsequently filed with the Barnstable County Registry of Deeds (Book 27626, Pages 131 to 145) on August 16, 2013. Weston & Sampson is hereby providing notice and certification that all work associated with the installation of solar project on the landfill located at 201 Run Hill Road, Brewster, MA is complete. The work included the installation of a 1.2 megawatt (MW) solar array atop the closed landfill under a Post Closure Use Permit, dated December 30, 2011, issued by the Massachusetts Department of Environmental Protection (MassDEP). A Certificate of Appropriateness for the project was also issued by the Town of Brewster, on October 17, 2011, and other ministerial permits, prior to construction of the project. A preconstruction conference was held on December 6, 2013 at the Brewster Landfill site. The conference was attended by the Town of Brewster, American Capital Energy and their civil and electrical subcontractors, Lawrence- Lynch and ES Boulos, respectively, and Weston & Sampson. The purpose of the preconstruction conference was to review construction procedures and requirements with all parties involved. Since the solar facility was being constructed on a landfill, the requirements of the regulations and the DEP approval with conditions letter were discussed and the limitations were stated. Following construction, Weston & Sampson prepared and filed a Post Closure Use Certification Report with the MassDEP on October 14, 2014. The PCUP Certification Report identified several minor modifications that were made to the original solar facility design due to existing field conditions and these modifications were reported to consist of the following: 1. The approved design allows the ballasted system to be installed on slopes up to 15% in order to keep the soil/geomembrane interface friction angle at a factor of safety (FS) of at least 1.5. Due to the placement of the ballasts for the arrays, there is approximately one location where the last ballast on the array is located on slopes that are greater than 15%. The ballasts that fall in this category are the last ballast on the array. This situation was caused by the existing slope of the landfill being slightly greater than 15 percent at the end of the array. A calculation was performed using a 17% slope. The resultant factor of safety was calculated to be 1.6, greater than the minimum of 1.5. The highest slope the ballasts were placed was 16.5%. 2. The location of inverter pad 2 and the switchgear pad shifted from the location shown on the “For Construction” drawings to the location shown on the “For Record” drawings because the slopes were too steep to install the pads in the original locations. We have reviewed the attached as-built drawing, prepared by Merrimack Engineering Services, Inc., dated January 12, 2015, and affirm that accurately reflects what was constructed at the stie. It is our opinion the remainder of the work has been completed in general accordance with the permitted plans and specifications for the project. We CONFIDENTIAL 1001 Pawtucket Blvd, Suite 278 Lowell, MA 01854 Phone 978-221-2000 AMERICAN CAPITAL ENERGY, INC. TOWN OF BREWSTER BREWSTER, MA 02631 PHONE: 896-4546 CONSERVATION@BREWSTER-MA.GOV ADMINISTRATIVE REVIEW FORM Office Use: Date Received: Fee Paid: Owner/Applicant Name: 1 -0 0,' M C'Ctrfez Date: 10 t2-k'12Cto Project Location: Z3 M Aillev14 11 al ,1 wu y Mailing Address: PO i.)6)c I Phone: (do3)5ks- 6154 Email / Fax: Map__e_Parcel z S' (1/ 9AV car4c153c(cL) he ena ;1 .1-i Contractor/Representative: Ni Sear, Arbe/rm *I Phone:(Coa) 3(40-6-14,e Other Contact Information (if necessary): PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) iivroced Tre. Re:li cro I tz faike-r cwish,v, ..111?,( Ito <, ( Ire c iv 410 (below) - R e 4z,i _se.t • , Ire DESCRIPTION OF RESOURCE AREA AFFECTE oastal Bank, Land Subject to Flooding, Salt Marsh, Beach, Dune, Vegetated Wetland, Inland Bank, Lak Pon River, Stream, Bog, Swamp, etc.) 1. Site Access Authorization form is included? c N 2. Will the proposed work take place within 50 feet of any resource area? / N 3. Is excavation by machinery required? Y /(&) 4. Will there be disturbance to the ground? 5. Is removal of vegetation proposed? 6. Is regrading proposed? (Addition or removal of soil?) 7. Is tree removal proposed? • If so, how many? 8. Is pruning of trees proposed? - If so, please supply photo 9. Is planting proposed? - If so, please supply a plan including species 10.1s removal of poison ivy or other nuisance or invasive species proposed? • If so, please explain on an additional sheet 11. Is the use of herbicides proposed? Y (c0/ N Y For office use only: Site Inspection Date: Date Ratified: Additional Filing Required: Approval: Conservation Administrator Comments: THIS FORM IS VALID FOR 6 MONTHS FROM DATE RATIFIED ADOPTED: 5/13/2008 TOWN OF BREWSTER CONSERVATION COMMISSION 11111{;11;4464'‘ SITE ACCESS AUTHORIZATION FORM Date: 101 iA Project: Tree_ Rerviove, Location: i.71 3 Ha ryl oncyl ('e B iu*.r MA O2-Co Property Owner: CCIVfief-- I (we) hereby authorize the individual members of the Brewster Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch 131, s. 40) and/or the Brewster Wetlands Protection Bylaw (Chapter 172). Additionally, if an Order of Conditions is issued for the project, I (we) grant permission for Commission members and the Commission's agents to enter the above referenced property for the purpose of inspecting for compliance with the Order of Conditions. This site access authorization is valid until a Certificate of Compliance is issued by the Conservation Commission. Authorized Signature: gran (a.44-, Please Print Name: TOCil Cu rtc- Date: /c/26/ac,,,;,:c. If other than owner, please state whether tenant, agent, or other: Mailing Address: PO A. IMF Phone: Cell: 13re tei- VI A 2-c-,3 ( Email: Fax: c a rte. s 30 rna Revised: May 2008 TOWN OF BREWSTER BREWSTER, MA 02631 PHONE: 896-4546 CONSERVATION@BREWSTER-MA.GOV THIS FORM IS VALID FOR 6 MONTHS FROM DATE RATIFIED ADOPTED: 5/13/2008 OFFICE OF CONSERVATION COMMISSION ADMINISTRATIVE REVIEW FORM Owner/Applicant Name: Seth Green/Susannah Baruch______________ Date: _10/19/2020 Project Location: 170 Crowells Bog Rd______________________ Map_____Parcel_____ Mailing Address: _2242 Cathedral Ave NW, Washington DC 20008__________________ Phone: 202-265-7264_____________ Email / Fax: e-commerce@baruchgreen.net________ Contractor/Representative: Pine Harbor___________________ Phone: 508-430-2800___ Other Contact Information (if necessary): __________________________________________ PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) __Shed______________________________________________________ ___________________________________________________________________________ DESCRIPTION OF RESOURCE AREA AFFECTED: (Coastal Bank, Land Subject to Flooding, Salt Marsh, Beach, Dune, Vegetated Wetland, Inland Bank, Lake, Pond, River, Stream, Bog, Swamp, etc.) ___________________________________________________________________________ On lot adjacent to bog (but outside 50’) 1. Site Access Authorization form is included? Y / N 2. Will the proposed work take place within 50 feet of any resource area? Y / N 3. Is excavation by machinery required? Y / N 4. Will there be disturbance to the ground? Y / N 5. Is removal of vegetation proposed? (ground cover only) Y / N 6. Is regrading proposed? (Addition or removal of soil?) (very little) Y / N 7. Is tree removal proposed? Y / N • If so, how many? ____ 8. Is pruning of trees proposed? - If so, please supply photo Y / N 9. Is planting proposed? - If so, please supply a plan including species Y / N 10. Is removal of poison ivy or other nuisance or invasive species proposed? Y / N • If so, please explain on an additional sheet 11. Is the use of herbicides proposed? Y / N For office use only: Site Inspection Date: ____________________ Date Ratified: ________________ Additional Filing Required: ________________ Approval:____________________ Conservation Administrator Comments: Office Use: Date Received: Fee Paid: __________ Seth Green/Susannah Baruch 2242 Cathedral Ave, NW 265-7264 Washington, DC 20008 170 Crowells Bog Road 202 Add 8'x10' shed near NE corner of property 80 80 20 45 Pine Harbor Wood Products 259 Queen Anne Rd, Harwich MA 02645 508. 430-2800 CSFA-073865 132935 $7,000 January 2021 January 2021 (owner) e-commerce@baruchgreen.net S 1 Noelle Aguiar From:oceanedgelandscp@aol.com Sent:Monday, October 19, 2020 11:01 AM To:Noelle Aguiar Subject:Re: 50 Robbins Road -----Original Message----- From: ROBERT BLOOMER <oceanedgelandscp@aol.com> To: oceanedgelandscp@aol.com Sent: Sun, Oct 18, 2020 11:24 am Subject: Fwd: 50 Robbins Road Sent from my iPad Begin forwarded message: From: ROBERT BLOOMER <oceanedgelandscp@aol.com> Date: October 18, 2020 at 11:17:50 AM EDT To: Howard Hayes <howard@oldcape.com> Subject:50 Robbins Road Robbins Road Real Estate Trust Mass. DEP # SE 9-1859 Brewster Conservation Commission, This is being submitted as a minor change request to order of condition A19 of the above referenced approved filing. We are requesting that a licensed arborist is not necessary to conduct this pruning. I submit that my company is perfectly capable of performing this work. In fact, my name is on the plan as the identifier of the species present. Ocean Edge Landscaping has been in continuous operation for 37 years doing mostly landscape maintenance. While we have not worked with the town of Brewsters Conservation Commission in recent years, we routinely work with the towns of Orleans, and Chathams Conservation Departments. My personal qualifications over the years applicable to this type of work have included being one of the first MCLP’S (Mass. Certified Landscape Professional) in the state and a Certified Pesticide Applicator. We are the preferred contractor of the property owners with past, present, and presumably future experience on the property. Assuming this request is approved, we look forward to the required advance site meeting to ensure all parties are comfortable with the work to be performed moving forward. Sincerely, Robert S. Bloomer, president Ocean Edge Landscaping, Inc. 2 Sent from my iPad