HomeMy Public PortalAboutAgenda PacketTown of Brewster
Brewster Historical Commission
2198 Main St., Brewster, MA 02631
historicalcommission@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
Remote Participation Only
January 20,2011 at 10:00AM
This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting
Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live
broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The Town has established
specific email addresses for each board and committee so the public can submit comments either before or during the meeting. To submit
public comment or questions to the Brewster Historical Commission, please email: historicalcommission@brewster-ma.gov To view the:
Live broadcast: Tune to Brewster Government TV Channel 18
Livestream: Go to www.livestream.brewster-ma.gov
Audio/video recording: Go to www.tv.brewster-ma.gov
Historical
Commission
George Boyd
Chair
Name
Vice Chair
Name
Clerk
Daphne
Geanacopoulos
Faythe Ellis
Patricia Hess
Pat Busch
Jeffrey Hayes
Alternate
Renee Dee
Name
Robin Young
Title
Town Staff Name
Title
1.Call to Order
2.Declaration of a Quorum
3.Meeting Participation Statement
4.Approval of minutes of the last meeting
5.CPC request for $125,000 for stone wall repair at old mill site
6. Review of Ocean Edge Proposal on the Nickerson House
7.Update on current round of Form B’s
8.Form B’s-Box Binders
9.Map-enlargement and additions-
10. Update on CPC Historical projects:
a. Cape Rep work on Frank Crosby Barn
b. Cobb House Outbuilding
c. Propose relocation of the Spruce Hill Barn
9. Presentation to Brewster Chamber of Commerce
10. Meeting date with town re Form B updates, demo delay law and historic awards
11. Historic Home Renovation Award
12. Next meeting date
13. Policy on proposals for demolition of Historic Structures
14. Matters Not Reasonably Anticipated by the Chair
15.Next Meetings: February 24, 2021
13.Adjournment
Date Posted:Date Revised:Received by Town Clerk:
Brewster Historical Commission
Minutes of Meeting March 6, 2020
Date approved:
Vote:
Attendees:
George H. Boyd –Chairman
Daphne Geanacopoulos
Patricia Hess
Faythe Ellis
Jeffrey Hayes
Excused:
Pat Busch
1.The meeting was called to order by the chairman at 3:00 PM in room
B of The Brewster Town Hall
2.Minutes of the previous meeting were approved
3.Faythe updated the committee on proposal to undertake another
round of Form B’s. We will submit request to the CPC for
administrative funds for another approximately 70 Form B’s and
issue a request from those interested in undertaking this project for
FY 2021.
4.Patricia agreed to continue to move forward with obtaining box
binders for hard copies of the Form-B’s
5.Patricia also agreed to move forward to update the Historic home
map and location for its placement.
6.The presentation to the directors of the Brewster Chamber of
Commerce on the BHC Form B project is scheduled for April 16, 2020
7.The chairman is to contact the HDC and BHS on forming a group to
evaluate proposals for the Historic Building Renovation Award
8.The committee continued to discuss a proposal for a demolition
Delay Law.
9.The Chairman agreed to contact various disparate parties to form a
committee to coordinate the events and programs around the
town’s historical heritage.
10.There being no further business the meeting was adjourned at
4:15 PM
Brewster Natural Resources Department –Community Preservation Application November 25, 2020 Page 1
APPLICATION FOR COMMUNITY PRESERVATION
Date:_November 25, 2020
Name of Applicant:____Town of Brewster Natural Resources Department_ ________________
Contact Individual:__Chris Miller, Director, Natural Resources _____ _ _________________
Mailing Address:__2198 Main Street Brewster, MA 02631_ ________ __ _________________
Daytime Phone:__508-896-4546__________e-mail: cmiller@brewster-ma.gov ___
Name of Proposal:_ Stony Brook Mill Retaining Wall Reconstruction
Address of Proposal (or assessor’s parcel ID)_Map 35 Lots_15 and 47_______ ____________
PROJECT SYNOPSIS
The Stony Brook Mill 2.69 acre site is divided east and west by Stony Brook- the “Herring Run” and into north
and south sections by Stony Brook Road. A historic Grist Mill building and Mill Ponds are located on the south
side, with historic foundations and paths on the north side. The Lower Mill Pond dam was historically
constructed to increase water levels in the pond for power for the Mill, as well as to provide passage for
migratory fish into the headwater ponds. A water control device is installed in the dam to control water into the
headrace pond which operates the mill. The retaining wall supporting this pond is failing and is in danger of
collapse, and the stone masonry wall in the main pool near the street is also degraded. Some of the base stones
are displaced, and the wall needs to be reconstructed. The wall forms the western side of the fish run. In order
to function safely as intended, the wall needs to be rehabilitated or replaced. The Town plans to replace the
retaining wall in order to protect the diadromous (migratory) fish run. The failing wall is an historic landmark
that cannot be removed and that provides a boost to the local economy through tourism.
Category (circle all that apply): Open Space Historic Preservation Recreation Community Housing
CPA funding requested $_125,000_______ Total Cost of Proposed Project $_457,700___________
Town of Brewster
Community Preservation
Committee
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 x 133
Fax (508) 896-8089
Brewster Natural Resources Department –Community Preservation Application November 25, 2020 Page 2
1. PROJECT DESCRIPTION:
The Stony Brook Mill 2.69 acre site is divided east and west by Stony Brook- the “Herring Run” and into north
and south sections by Stony Brook Road. A historic Grist Mill building and Mill Ponds are located on the south
side, with historic foundations and paths on the north side.
The Lower Mill Pond dam was historically constructed to increase water levels in the pond for power for the
Mill, as well as to provide passage for migratory fish into the headwater ponds. Lower Mill Pond is one of the
five headwater ponds of the Stony Brook watershed, and a destination for diadromous (migratory) fish. A water
control device is installed in the dam to control water into the headrace pond which operates the mill. The
retaining wall supporting this pond is failing and is in danger of collapse. Some of the base stones are
displaced, and the wall needs to be reconstructed. The wall forms the western side of the fish run. In order to
function safely as intended, wall need to be rehabilitated or replaced. The Town plans to replace the retaining
wall in order to protect the diadromous (migratory) fish run. The failing wall is an historic landmark that cannot
be removed and that provides a boost to the local economy through tourism.
The headrace pond and the fish passage channel are separated by a narrow berm retained on both sides with
stone masonry walls. These walls, as well as the stone masonry wall along the fish pool just upstream of the
Stony Brook Road culvert, are in distress and require replacement. The Millsites Committee intends to keep the
current appearance of the walls; therefore, the design will include re-using existing stones on the face of the
new walls, which are expected to consist of reinforced, cast in place concrete, similar to the recent dam
reconstruction. While some exposed concrete is present at the dam, no concrete will be exposed on the new
walls.
Issues to be addressed at the site;
Renovation of one of the defining historic resources at the site, the large stone retaining wall that forms
the west side of the stream.
CPC funding will preserve the historic look and feel of the property, including funding for stonework
and site improvements to make the replacement retaining wall fit at a historic property.
Related Projects:
Electronic fish counter and stream renovation on north side, CPA $3,101 2015
Stony Brook dam replacement funded in part through CPA: $130,000 + $52,015 2013
Extensive repairs to Mill: New historically accurate wheel/spillway and grindstone - funded thru CPA:
$138,0000 2011
Stormwater improvements at site and along Stony Brook Valley: $800,000 2006-present
Stony Brook tidal restriction removal at Route 6A, NOAA Grant: $1,647,000 in 2010
Upper & Lower Mill Pond Water Quality Study 2007: $200,000 ongoing
Open Space preservation: Brewster has preserved an additional 1,000 acres surrounding headwater ponds;
approximately 400 acres of salt marsh, beach and uplands in lower portion of Stony Brook Valley
2. CPA GOALS/CRITERIA:
The goals of this project encompass many areas of community preservation and enhancement including
Historic Preservation, Open Space protection and Recreation enhancement, all contributing to the preservation
of Brewster’s unique character.
The Stony Brook Site Improvements will:
Brewster Natural Resources Department –Community Preservation Application November 25, 2020 Page 3
Contribute to the preservation of Brewster’s unique character
Boost the vitality of the Town
Serve more than one of the four CPA purposes
Demonstrate practicality and feasibility, and ability to implement within budget
Demonstrate a positive cost/benefit relationship
Leverage additional public and/or private funds
Preserve, enhance, or better utilize existing Town resources
Receive endorsement by other Town committees and the Brewster public at large
Historic Preservation:
Preserve, enhance, restore historic and cultural, architectural resources of significance
Protect, preserve, enhance, restore town-owned properties or resources of historical significance
Protect, preserve, enhance, restore and/or rehabilitate the historical function of a property or site
Be within the Local Historic District, on a State or National Historic Register
Demonstrate a public benefit
Historical Perspective:
The earliest white settlers arrived in Brewster circa 1650 when Quakers from Sandwich moved here to escape
persecution. The Stony Brook Valley was their first settlement due to the numerous natural resources: ample
salt meadows, fresh water with strong tidal flows for mills, woodlands for fuel, a herring fishery, nearness to
Cape Cod Bay. The first Grist Mill was built at Stony Brook in 1662 and other mills soon followed. A fulling
mill (in cloth production- a cleansing and thickening process) was built circa 1700; additionally a tidal mill was
built on Stony Brook around 1750. A tannery stood on one bank of the millstream, a part of the "Factory
Village" until it was destroyed by fire in 1871 and never rebuilt. Opposite the tannery, the present gristmill was
built in 1873 on the foundation of the fulling mill, which had burned in 1760 and was then rebuilt as a woolen
mill in 1814. The “Factory Village” brought people from all over looking to buy cloth, boots, and food.
Maritime industries in Brewster peaked in the 1850’s and declined during the Civil War, with the loss of the
southern markets and slave-dependent industries. However, land-based industries such as the Factory Village at
the Stony Brook Mill continued to thrive. Additional history and information on the Herring Run is on the
DVD, Stony Brook, The Story of Stony Brook Valley, which is available upon request.
Restoration of a significant important town-owned historic resource: The retaining wall forms the west side
of the herring run, and also allows the impoundment of water in the headrace pond that provides water to the
newly replaced water wheel of the grist Mill, turning the mill stone. The wall is leaking and slumping, its
structure failing as toe stones in the wall are displaced.
Protect the historical function of a site: This property was accepted on the National Historic Register on June
15, 2000. Repair of the site must not only maintain the fishway and use of the mill, but must also be done in
such a manner so as to not affect the historical integrity of the Old Mill Site.
Preservation/protection of the Stony Brook Herring Run and the Grist Mill Site provide an important
public benefit: Today the Brewster Mill Sites Committee maintains the Old Grist Mill. The Mill also houses a
display of many artifacts used throughout the Mill’s history. Adjacent to the Mill are walkways that allow
visitors to observe how the water wheel works to grind corn, producing cornmeal which is then bagged for sale.
The retaining wall also serves as a walkway on the west side of the fish run and east side of the headrace pond.
Open Space Protection:
Restoration of the stone retaining walls and Herring Run will preserve habitat of threatened and
endangered species
Enhancement and protection of an existing wildlife corridor
Brewster Natural Resources Department –Community Preservation Application November 25, 2020 Page 4
Preservation and protection of important surface water bodies, including ponds and waterways
Providing opportunities for passive recreation and environmental education
Providing access to water (Stony Brook and Lower Mill Pond)
Providing flood control/storage
Providing connections with existing trails or potential trail linkages.
Over the last twenty years, Brewster has preserved an additional 1,000 acres surrounding the headwater ponds;
approximately 400 acres of salt marsh, beach and uplands in lower portion of Stony Brook Valley, all of which
provide habitat support. The project will provide improved fish passage to 386 acres of habitat in the headwater
ponds; Lower Mill, Upper Mill, Walkers, Slough and Canoe Ponds.
Each spring, the Alewives and other species travel up fish ladders maintained by the Brewster Alewife
Committee. These fish are known are diadromous (incorporating both anadromous and catadromous species),
species that use both marine and freshwater habitats during their life cycle. On Cape Cod, some species are
anadromous (living primarily at sea, but migrating up river to spawn): these include Alewives (Alosa
pseudoharengus), Blueback Herring (Alosa aestivalis), Hickory Shad (Alosa mediocris), Brook Trout (Salmo
trutta) and Rainbow Trout (Onchorhynchus mykiss). The only catadromous (living primarily in ponds and
rivers, but migrating out to sea to spawn) species in this run is the American Eel (Anguilla rostrata).The fish
come from Cape Cod Bay and travel up Stony Brook to reach headwater ponds. This is the best run on Cape
Cod and Brewster’s most productive run. Once open for fishing, the run has been closed by the state for many
years due to declining herring populations.
Over the past few years, the Alewives Committee and the Natural Resources Department have obtained a
number of grants which have allowed them to engineer stormwater improvements at the site, along the Stony
Brook Valley and to correct a tidal restriction at Route 6A. The Alewife Committee identified needed repairs to
a deteriorating retaining wall adjacent to the run on the north side of the road, as well as to eroding banks and
pathways along the run. The proposed solution involved repair and enhancement of the retaining wall by
supplementing remaining vegetation with native plantings in conjunction with bioengineering measures which
quickly re-stabilized the bank. This work also greatly benefited the numerous vertebrates and invertebrates that
inhabit the stream and the marsh, where the Brook joins with Paines Creek and then flows into the bay, by
reducing sedimentation and water turbity. There are a number of aquaculture grants in this part of the Bay
which could be negatively affected by sedimentation from this Brook. This repair work has greatly reduced
sedimentation into the run during storm events. The Town has also used grant monies to pay for Walkers, Upper
& Lower Mill Ponds Water Quality Studies, which are on-going.
This application specifically deals with restoration of the stone retaining wall adjacent to the headrace
pond. This also includes evaluation and maintenance of the pools in the run between the road and Lower
Mill Pond. Maintaining the run and improving the ladders enhances and protects this important wildlife
corridor.
All of the restoration work allows the site to remain open and functioning as it did in the 1600’s,
providing opportunities for passive recreation, historical and environmental education.
The Massachusetts Natural Heritage and Endangered Species Program (NHESP) has been contacted and has
responded indicating that the project site is within Priority Habitat 1385 and Estimated Habitat 71 and must be
reviewed by NHESP.
Recreation Enhancement:
Support multiple active and passive recreation uses
Serve a significant number of residents and visitors
Expand the range of recreational opportunities available to all ages of Brewster residents and visitors
Brewster Natural Resources Department –Community Preservation Application November 25, 2020 Page 5
Benefit other Brewster committees providing recreational resources to residents
Support multiple active and passive recreation uses: serve a significant number of residents and visitors.
The Stony Brook Herring Run and Grist Mill has long been one of Brewster’s most popular visitor sites. It is a
regional attraction. Adjacent to the Mill are walkways that allow visitors to observe how the water wheel works
to grind corn, producing cornmeal which is then bagged for sale. The property has numerous pathways designed
to maximize access to the water, with over 1000 feet along the stream and 600 feet of frontage on the Lower
Mill great pond. On each side of Stony Brook Road, families can stand on walkways and watch the annual fish
migration, with its attending horde of gulls that periodically swoop down to catch a bite for dinner.
Provide connections with existing trails or potential trail linkages. Brewster Conservation Trust recently
purchased adjacent landlocked property along Lower Mill Pond. The Town will construct a stream crossing
and pathway to provide access for the public to this property and its additional shorefront property on Lower
Mill Pond, including a local landmark, the “Fishing Rock”. (Attachment 3 e)
3. COMMUNITY BENEFITS:
The Stony Brook Valley, Herring Run and Millsites are important historic resources and as such are important
to Brewster’s unique character. As major tourist attractions, these resources boost the vitality of the Town.
Preservation of these assets serves more than one of the four CPA purposes: preservation of Open Space,
preservation/rehabilitation of Historic Resources and preservation of Recreational lands. This project also
serves to preserve, enhance and better utilize an existing Town resource. And, the Millsite property is the
Town’s first town Open Space parcel.
The project also saves resources that would otherwise be threatened (river herring, a threatened species of
special concern .
The Town has an award-winning project team helping with permitting, fish ladder design, and engineering, to
include the state Division of Marine Fisheries (DMF), the Cape Cod Conservation District, the USDA Natural
Resources Conservation Service (NRCS), and our engineering firm, Tighe & Bond.
The project is funded more that 50% through grant funds from our federal partner NRCS.
4. COMMUNITY SUPPORT:
.
The Town has leveraged many partners to provide funding for these projects, as detailed in the attached budget
worksheet.
This site is popular with all ages. Many school groups visit via bus, especially in the spring during the Herring
Run. Over the last few years the Mill Site has added a “Mills & Gills” festival which connects the historic
activities at the site with environmental education on the Herring Run.
5. TIMELINE:
The Stony Brook Retaining Wall Improvement project has been underway for two years and as indicated above
a substantial amount of the work has already been completed. The following timeline is specifically for the
retaining wall restoration. It must be noted that any site work involving the pond/dam/fish run is extremely
constrained based on the migratory cycle of the fish.
Brewster Natural Resources Department –Community Preservation Application November 25, 2020 Page 6
Mill Site Retaining Wall Project Timeline
April 2020 Contract signed with Cape Cod Conservation District for design
April 2020 Contract with engineering firm Tighe & Bond
September 2020 Detailed site survey completed
October 2020 Fish passage evaluation completed
December 2020 CPC application
December 2020 30% design plans
February 2021 66% design plans
February 2021 Permitting begins (Notice of Intent, MA Historic, Old Kings Highway Historic District)
March 2021 100% Design plans.
June 2021 Permits received
June/July 2021 Bidding for projects
October 2021 Construction
December 2021 Construction completion
6. CREDENTIALS:
The engineering for this project will be performed by Tighe & Bond by the end of this year. They conducted the
Phase I Dam Safety Inspection as required by the State and designed and supervised the Stony Brook Millsite
Dam Replacement project.
Town permit applications will be filed in January/February 2021. This portion of the project will go out to bid
in June/July, with construction to be done in October 2021.
7. BUDGET:
We have attached the authorized contracts with CCCD, NRCS and Tighe & Bond.
The CCCD has provided $42,700 in funding for the engineering design for the retaining wall replacement, and
to conduct an evaluation of the fish run design.
NRCS has provided $290,000 in construction funds.
The $125,000 requested CPC funds will be the required local match to this federal funding, and will be directed
to final permits, and stone facing on the dam (reusing existing stone).
8. MAINTENANCE:
Maintenance will be performed by Natural Resources Department staff and volunteers, as well as the DPW
staff, members of the Millsites Committee and their volunteers.
9. SITE CONTROL: Not applicable
LIST OF ATTACHMENTS
Cape Cod Conservation District (funding for engineering design)
Tighe & Bond (engineers performing design)
Natural Resources Conservation Service (construction funding, requires local match)
Brewster Natural Resources Department –Community Preservation Application November 25, 2020 Page 7
Photo 1. Retaining wall extends from near wheel south along stream to first wooden bridge.
Photo 2. Retaining wall is slumping, rocks at base misplaced, and path above is slumping.
Brewster Natural Resources Department –Community Preservation Application November 25, 2020 Page 8
Photo 3: Aerial showing dam (at bottom) and Stony Brook Road to north. Note main section of retaining wall with foot path above,
supporting the headrace pond used to run the mill wheel. Red arrow shows area of wall slumping at drain structure outfall in main
pool.
Retaining wall
Headrace pond
Drainage pipe
Brewster Natural Resources Department –Community Preservation Application November 25, 2020 Page 9
DocuSign Envelope ID: 55FA3601-52E1-48F4-9C3F-215E1A221C05 DocuSign Envelope ID: 606AE354-7D70-4C5B-A631-9A607F1FF29D
Cape Cod Conservation District / CCWRRP-II
03/23/2020 draft
303 Main Street (Route 28), West Yarmouth, MA 02673
Tel: (508) 771-6476 E-mail: capecodcd@gmail.com
web: www.capecodconservationdistrict.com
Stoney Brook Fishway Field Survey and Grist Mill Retaining Wall Design
Brewster, MA
Cape Cod Water Resources Restoration Project
Barnstable County, Massachusetts
SERVICE AGREEMENT
Between the
Cape Cod Conservation District (CCCD) and the Town of Brewster, Massachusetts
April 2020
Introduction
The Cape Cod Conservation District, hereinafter referred to as (CCCD) has entered into
agreement with the USDA-Natural Resources Conservation Service to provide project analysis,
plans and designs for individual projects to work toward implementation of the Cape Cod Water
Resources Restoration Project (CCWRRP) under the federal Watershed Flood Prevention
Operations Program (WFPO). The CCCD is a major project sponsor and coordinates with town
sponsors to implement projects that meet the objectives of the CCWRRP as approved by
Congress in 2009. The CCWRRP broadly focuses on watershed protection and fish and wildlife
habitat improvement and specifically on projects that restore anadromous fish passage, projects
that remediate stormwater that improve water quality for shellfish growing areas, and salt marsh
restoration projects that restore tidal flows to tidally-restricted marshes.
Background
The Stony Brook Grist Mill and Museum is located at 830 Stony Brook Road in Brewster,
Massachusetts. The existing Grist Mill and surrounding property are owned by the Town of
Brewster and are overseen by the Mill Sites Committee1 (Collectively the Client). The Site dates
back to the sixteen-hundreds and has great historical significance. In addition, the Stony Brook
and the Mill ponds are thriving fish spawning routes.
The Lower Mill Pond Dam is located south of the existing Grist Mill. The dam which is
approximately 100-foot long was rehabilitated in 2013 with the construction of a new reinforced
concrete retaining wall replacing the old stone masonry wall. Flow is discharged from the Lower
Mill Pond though the primary spillway located on the east side of the dam and down the existing
fish passage channel, or through a slide gate on the west side of the dam and down the headrace
pond to the Grist Mill.
The headrace pond and the fish passage channel are separated by a narrow berm retained on both
sides with stone masonry walls. These walls, as well as the stone masonry wall along the fish
DocuSign Envelope ID: 55FA3601-52E1-48F4-9C3F-215E1A221C05 DocuSign Envelope ID: 606AE354-7D70-4C5B-A631-9A607F1FF29D
Cape Cod Conservation District / CCWRRP-II
03/23/2020 draft
pool just upstream of the Stony Brook Road culvert, are in distress and require replacement.
T he Millsites Committee intends to keep the current appearance of the walls; therefore, the
design will include re-using existing stones on the face of the new walls, which are expected to
consist of reinforced, cast in place concrete, similar to the recent dam reconstruction. While
some exposed concrete is present at the dam, no concrete will be exposed on the new walls.
The proposed improvements consist of a new retaining wall separating the Grist Mill headrace
pond and the fish ladder channel, and a new retaining wall for fish pool just upstream of the
Stony Brook Road culvert.
The tasks described below include performing additional survey to evaluate the fishway profile
for the entire fishway and preparing plans and technical specifications for the construction of the
proposed retaining walls.
Agreement
NOW THEREFORE, The CCCD and the Town of Brewster, MA do mutually agree as follows:
Employment of Contractor: The CCCD hereby agrees to engage the Town of Brewster to
perform the services described in the Scope of Work below.
1. Time of Performance: Work shall begin on or about April 1, 2020 and be completed by
November 30, 2020 unless an extension in time is agreed to in writing by both CCCD and Town
of Brewster.
2. Payment: CCCD shall compensate the Town of Brewster a fee not-to-exceed $42,700 for
services provided under the Scope of Work Deliverables. The Town of Brewster shall submit
invoices quarterly to CCCD, detailing work progress and completed deliverables. Upon review
and approval, payment shall be made by CCCD to the Town of Brewster within thirty (30) days.
POC: Rick DeVergilio, Project Coordinator, rdevergilio@comcast.net, 508-648-2417.
3. Deliverables: All deliverables will be delivered via email, or other method mutually agreed to
in advance and will be provided in MS Word, MS Excel, or other agreed upon format.
4. Termination or Suspension of Agreement for Cause. If through any sufficient cause CCCD or
the Town of Brewster shall fail to fulfill or perform its duties and obligations under this
Agreement, or if any party shall violate or breach any of the provisions of this Agreement, any
party shall thereupon have the right to terminate or suspend this Agreement, by giving written
notices to the other parties of such termination or suspension and specifying the effective date
thereof. Such notice shall be given at least fifteen (15) calendar days before such effective date.
In the event of such termination or suspension of the Agreement, the Town of Brewster shall be
entitled to just and equitable compensation for satisfactory work completed in the performance
of this Agreement up to and including the date of termination or suspension.
5. Modification of the Agreement: CCCD and the Town of Brewster may mutually agree in
writing to a modification (including definition of scope, time of completion and budget for
additional tasks as/if required) of the agreement at any time during the duration of this contract.
DocuSign Envelope ID: 55FA3601-52E1-48F4-9C3F-215E1A221C05 DocuSign Envelope ID: 606AE354-7D70-4C5B-A631-9A607F1FF29D
Cape Cod Conservation District / CCWRRP-II
03/23/2020 draft
6. Interpretation and Severability: If any provision of this Agreement is declared or found to be
illegal, unenforceable, or void, then all parties shall be relieved of all obligations under that
provision. The remainder of the Agreement shall be enforced to the fullest extent
permitted by law.
Scope of Services
Task 1.0: Field Survey
The town’s A&E design firm will subcontract a Massachusetts licensed surveyor to perform an
on-the- ground field survey to obtain the existing conditions of the fish passage located on the
north and south side of Stony Brook Road at the Stony Brook Fishway. The survey will include
the fishway profile from the exit of the Lower Mill pond to the fishway entrance at the
downstream marsh. The total area is approximately 0.80 acres.
The survey will locate retaining walls, elevations at the weir notch or sill, weir top of wall, pool
floor elevations at each of the pools, dimensions of each pool width and length, dimensions of
each weir (sill width and top width), culvert inverts, size, material and condition, top and bottom
of fishway walls along each pool, edge of water at enough locations to define the shape of each
pool, the top and bottom of the wall forming the Lower Millpond and inverts for drainage and
sewer structures found in the area. A minimum of 2 benchmarks will be established north and
south of the Stony Brook Road. No boundary or right of way survey’s will be performed. The
right of ways and property lines will be taken from GIS and Assessors maps and therefore will
be shown as approximate.
All field work will be conducted to produce plans at a scale of 1” = 40’ with 1’ contours. All data
will be provided on the same project datum previously established is on the Massachusetts State
Plane Coordinate System of NAD 1983 and vertically on NAVD 1988. The new survey will be
merged with the existing survey.
Existing Conditions plan and profile in AutoCAD Civil 3D 2018 and delivered in electronic file
format along with pdf’s and hard copies. Drawings will show the fishway in a plan view with
matching profile below the plan view. Plans stamped by a Massachusetts Professional Land
Surveyor will be provided upon request.
The completed survey will be provided to the CCCD prior to initiation of the retaining wall
design for review to determine if the fishway section adjacent to the subject retaining wall meets
current fish passage design standards. And if appropriate, any recommended fishway design
improvements will be provided to the town’s A&E firm to assure the new retaining wall design
is consistent with the recommendations. Design sequencing is as follows:
1. A kick-off meeting to be conducted with design lead, survey lead, along with town, NRCS and CCCD
representatives to review the project objectives, survey plan, design process and requirements, schedule,
and reviews and approvals.
2. Collection of field data.
3. Provide the completed survey to NRCS and the CCCD.
DocuSign Envelope ID: 55FA3601-52E1-48F4-9C3F-215E1A221C05 DocuSign Envelope ID: 606AE354-7D70-4C5B-A631-9A607F1FF29D
Cape Cod Conservation District / CCWRRP-II
03/23/2020 draft
4.Concurrent analysis for retaining wall and evaluation of fishway (south) where wall is located.
5.Meeting to discuss any fishway (south) improvements and preliminary wall design (prior to the 33% design
or in conjunction with); resolve any conflicts to incorporate conceptual fishway (south) modifications into
the wall design.
6.Evaluation of remaining fishway (north); conceptual design by CCCD.
7.Development of design (fishway (south) and Grist Mill headrace pond retaining wall) submittals by AE.
8.Reviews and resolution of comments on design submittals (33%, 67%, 100%). The 67%, 100% and Issued
for Construction design submittals shall include but not limited to:
a.Construction drawings and construction & material specifications.
b.Opinion of probable construction costs.
c.Operation and maintenance plan.
d.Quality assurance plan.
e.Construction schedule, construction performance time and bid schedule.
9.Complete wall design with the fishway (south) improvements. Upon resolut ion of comments on the 100%
design the Issued for Construction drawings and specifications will be prepared.
10.Meetings/teleconferences shall be scheduled along with the review milestones. The AE shall schedule the
review meetings/teleconferences to discuss their resolutions of review comments.
Task 2.0: Retaining Wall Design/Drawings
The town’s A&E design firm will prepare draft and final plans and technical specifications,
opinion of probable cost, did schedule and operation and maintenance plan, for review by the
town and CCCD. A maximum of ten technical specifications will be provided in the
Construction Specifications Institute 1995 format:
•02200 Site Preparation
•02210 Subsurface Investigations
•02225 Selective Demolition
•02315 Excavation, Backfill, Compaction and Dewatering
•02320 Borrow Materials
•02921 Vegetative Support Material
•02922 Hydroseeding and Mulching
•03100 Concrete Forms and Accessories
•03200 Concrete Reinforcement
•03300 Cast-in-Place Concrete
Each specification will include a section addressing Quality Assurance to be implemented during
construction. A maximum of ten Drawing Sheets will be provided. The Contract Drawings will
include the following sheets:
•Cover Sheet;
•General Notes and Legend;
•Existing Condition Plan and Profile and Site Preparation Plan (up to 2 sheets);
•Proposed Condition Plan (up to 2 sheets);
•Cross Sections;
•Details (up to 2 sheets);
•Structural Notes and Details.
DocuSign Envelope ID: 55FA3601-52E1-48F4-9C3F-215E1A221C05 DocuSign Envelope ID: 606AE354-7D70-4C5B-A631-9A607F1FF29D
Cape Cod Conservation District / CCWRRP-II
03/23/2020 draft
All work shall conform to all NRCS policy documents and technical guidelines and
references. NRCS Policy documents will include the General Manual (GM), National
Engineering Manual (NEM), National Operations and Maintenance Manual (NOMM), and the
National Watershed Manual (NWM). NRCS Technical Material will include all the sections in,
but not limited to, the National Engineering Handbook (NEH), National Handbook of
Conservation Practices
(NHCP), Technical Releases (TR), and Technical Notes (TN)”.
Plans and specifications will be delivered according to the following design stages:
•Kick-Off Meeting – Town’s A&E to conduct a kick-off meeting with town, NRCS and
CCCD to review the project objectives, survey plan, design process and requirements,
schedule and reviews and approvals.
•New Survey – Field Survey (Task 1 above) will be integrated with the existing survey
from the previous dam re-construction project and provided to CCCD for Fish Specialist
review to assess if design changes are needed in the fishway passage adjacent to the
subject retaining wall to be improved. The CCCD Fish Passage Specialist will prepare a
conceptual design, if changes to the subject fish passage section are needed. A&E will
meet with the specialist to discuss the fishway improvements and preliminary wall
design.
•33% Draft Plans – Town’s A&E firm will provide preliminary design plans at the 33%
level for review and comments by CCCD and will conduct a conference call to present
the 33% plans to discuss the design and address the questions and comments.
•67% Draft Plans – Town’s A&E firm will incorporate comments from the 33% level
review, will move forward with design, and will provide updated plans for review at the
67% level and conduct a conference call to discuss questions and comments. This level of
plans will be suitable for permit application.
•100% Design Plans and Specifications – Town’s A&E firm will incorporate comments
from the town and CCCD and permitting agencies from the 67% level for final plans and
specifications. A conference call will be conducted to discuss the final questions and
comments. Construction schedule, performance time, and opinion of probable cost and
bid schedule to be included in 100% design.
Task 3.0: Project Coordination
The town’s A&E firm project manager will email the project team on a monthly basis with a
bullet list of work completed since the previous report and anticipated work to be performed the
following month to allow the team to follow progression.
Schedule
Town’s A&E firm will begin work on this project upon receipt of a Notice to Proceed and signed
DocuSign Envelope ID: 55FA3601-52E1-48F4-9C3F-215E1A221C05 DocuSign Envelope ID: 606AE354-7D70-4C5B-A631-9A607F1FF29D
Cape Cod Conservation District / CCWRRP-II
03/23/2020 draft
contract with the Town of Brewster. The following is the anticipated the schedule.
• Kick-off meeting to be held within 3 weeks of Notice to Proceed.
• Field Survey to be completed after 8 weeks from Notice to Proceed and will then be
provided to CCCD for Fish Passage Specialist for pre-design review.
• 33% Draft Plans – Submitted for review after 8 weeks from receipt of conceptual fish
passage design input from Specialist.
• 67% Draft Plans and Specifications – Submitted for review within two months of receipt
of Town’s comments to 33% design submittal.
• 100% Plans and Specifications - Completed 5 weeks after 67% level comments and
Town acquired permits are received.
• Monthly Progress Reports - shall include a summary of the work completed since the
previous report, the anticipated work to be performed the following month, and an update
on the project schedule.
Budget
The survey and design services outlined above will be provided for a lump sum fee not-to-
exceed $42,700. Invoicing will be based on percentage of services completed.
Authorization to Proceed:
Signers: Date:_________________________
Peter Lombardi, Town of Brewster Mimi Bernardo, Finance Director
4/3/2020
4/3/2020
4/5/2020
Mark Forest, Chair, Cape Cod Conservation District
AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES
BETWEEN
THE TOWN OF BREWSTER, MASSACHUSETTS
AND
TIGHE & BOND, INC.
FOR GEOTECHNICAL SERVICES FOR RETAINING WALL IMPROVEMENTS AT
GRIST MILL POND
THIS AGREEMENT made this 3rd day of April, 2020 between Tighe & Bond, Inc., a
Massachusetts corporation, with a usual place of business at 53 Southampton Road, Westfield,
MA, hereinafter called the “ENGINEER,” and the Town of Brewster, MA, acting by its Town
Administrator, with a usual place of business at 2198 Main Street, Town Hall, Brewster MA
02631 hereinafter called the “TOWN”.
The ENGINEER and the TOWN, for the consideration hereinafter named, agree as
follows:
1. Scope of Work
The ENGINEER shall perform the work set forth in the Engineer’s Proposal dated
November 1, 2019 and revised March 31, 2020, a copy of which is attached hereto as Exhibit A.
2. Contract Price
The TOWN shall pay the ENGINEER for services rendered in the performance of this
Agreement a lump sum of $42,700.00. The amount to be paid to the ENGINEER shall not
exceed $42,700.00 without the prior written consent of the TOWN.
3. Commencement and Completion of Work
A. This Agreement shall commence on the date hereof and shall expire on November
30, 2020, unless terminated sooner in accordance with this Agreement.
B. Progress and Completion: ENGINEER shall commence work promptly upon
execution of this Agreement and shall prosecute and complete the work regularly,
diligently and uninterruptedly at such a rate of progress as will insure completion
in a timely manner.
4. Performance of the Work
The ENGINEER shall supervise and direct the Work, using that degree of care and skill
ordinarily exercised under similar circumstances by prudent members of the profession
practicing in the same or similar locality for projects similar to the Project in scope, difficulty
and location.
DocuSign Envelope ID: C1DC381E-F4AB-4D21-9246-6439D2D4CBAEDocuSign Envelope ID: 21B30483-54D8-4532-BE39-DFC151148544
A. Responsibility for the Work:
(1) The ENGINEER shall be responsible to the TOWN for the acts and
omissions of his employees, subcontractors and their agents and
employees, and other persons performing any of the Work under a
contract with the ENGINEER. Consistent with the standard of care
referenced above, the ENGINEER shall be responsible for the
professional and technical accuracy for all work or services furnished
by him or his consultants and subcontractors. The ENGINEER shall
perform his work under this Agreement in such a competent and
professional manner that detail checking and reviewing by the TOWN
shall not be necessary.
(2) The ENGINEER shall not employ additional consultants, nor sublet,
assign or transfer any part of his services or obligations under this
Agreement without the prior approval and written consent of the
TOWN. Such written consent shall not in any way relieve the
ENGINEER from his responsibility for the professional and technical
accuracy for the work or services furnished under this Agreement.
(3) All consultants must be registered and licensed in their respective
disciplines if registration and licensor are required under the
applicable provisions of Massachusetts law.
(4) The ENGINEER and all consultants and subcontractors shall conform
their work and services to any guidelines, standards and regulations of
any governmental authority applicable to the type of work or services
covered by this Agreement.
(5) The ENGINEER shall not be relieved from its obligations to perform
the work in accordance with the requirements of this Agreement either
by the activities or duties of the TOWN in its administration of the
Agreement, or by inspections, tests or approvals required or performed
by persons other than the ENGINEER.
(6) Neither the TOWN's review, approval or acceptance of, nor payment
for any of the work or services performed shall be construed to
operate as a waiver of any rights under the Agreement or any cause of
action arising out of the performance of the Agreement.
B. Deliverables, Ownership of Documents: One (1) reproducible copy of all
drawings, plans, specifications and other documents prepared by the ENGINEER
shall become the property of the TOWN upon payment in full therefor to the
ENGINEER. Ownership of stamped drawings and specifications shall not
include the ENGINEER's certification or stamp. Any re-use of such documents
without the ENGINEER's written verification of suitability for the specific
DocuSign Envelope ID: C1DC381E-F4AB-4D21-9246-6439D2D4CBAEDocuSign Envelope ID: 21B30483-54D8-4532-BE39-DFC151148544
purpose intended shall be without liability or legal exposure to the ENGINEER or
to the ENGINEER's independent professional associates, subcontractors or
consultants. Distribution or submission to meet official regulatory requirements
or for other purposes in connection with the Project is not to be construed as an
act in derogation of the ENGINEER's rights under this Agreement.
C. Compliance with Laws: In the performance of the Work, the ENGINEER shall
comply with all applicable federal, state and local laws and regulations, including
those relating to workplace and employee safety.
5. Site Information Not Guaranteed; Contractor's Investigation
The TOWN shall furnish to the ENGINEER available surveys, data and documents
relating to the area which is the subject of the Scope of Work. All such information, including
that relating to subsurface and other conditions, natural phenomena, existing pipes, and other
structures is from the best sources at present available to the TOWN. All such information is
furnished only for the information and convenience of the ENGINEER and is not guaranteed. It
is agreed and understood that the TOWN does not warrant or guarantee that the subsurface or
other conditions, natural phenomena, existing pipes, or other structures will be the same as those
indicated in the information furnished, and the ENGINEER must satisfy himself as to the
correctness of such information. If, in the opinion of the ENGINEER, such information is
inadequate, the ENGINEER may request the TOWN's approval to verify such information
through the use of consultants or additional exploration. In no case shall the ENGINEER
commence such work without the TOWN's prior written consent. Such work shall be
compensated as agreed upon by TOWN and ENGINEER.
6. Payments to the Contractor
A. Cost incurred on this project shall be billed monthly on a percent complete basis
as outlined in the attached Scope of Services for the lump sum of $42,700.
Payment shall be due 30 days after receipt of an invoice by the TOWN.
B. If there is a material change in the scope of work, the TOWN and the ENGINEER
shall mutually agree to an adjustment in the Contract Price.
C. If the TOWN authorizes the ENGINEER to perform additional services, the
ENGINEER shall be compensated in an amount mutually agreed upon, in
advance, in writing. Except in the case of an emergency, the ENGINEER shall
not perform any additional services until such compensation has been so
established.
7. Reimbursement
Except as otherwise included in the Contract Price or otherwise provided for under this
Agreement, the ENGINEER shall be reimbursed by the TOWN: (a) at 1.1 times the actual cost to
the ENGINEER of consultants retained to obtain information pursuant to Article 5 hereof or
DocuSign Envelope ID: C1DC381E-F4AB-4D21-9246-6439D2D4CBAEDocuSign Envelope ID: 21B30483-54D8-4532-BE39-DFC151148544
otherwise. No such reimbursement shall be made unless the rates of compensation have been
approved, in advance, by the TOWN; (b) at 1.1 times the actual cost of additional or specially
authorized expense items, as approved by the TOWN.
8. Final Payment, Effect
The acceptance of final payment by the ENGINEER shall constitute a waiver of all
claims by the ENGINEER arising under the Agreement.
9. Terms Required by Law
This Agreement shall be considered to include all terms required to be included in it by
the Massachusetts General Laws, and all other laws, as though such terms were set forth in full
herein.
10. Indemnification
A. General Liability: The ENGINEER shall indemnify and hold harmless the
TOWN from and against any and all claims, damages, losses, and expenses,
including attorney's fees, to the extent arising out of the performance of this
Agreement and to the extent the same relate to matters of general commercial
liability, when such claims, damages, losses, and expenses are caused, by the
negligent or wrongful acts or omissions of the ENGINEER or his employees,
agents, subcontractors or representatives.
B. Professional Liability: The ENGINEER shall indemnify and hold harmless the
TOWN from and against any and all claims, damages, losses, and expenses,
including attorney's fees, arising out of the performance of this Agreement and to
the extent the same relate to the professional competence of the ENGINEER's
services, when such claims, damages, losses, and expenses are caused by the
negligent acts, negligent errors or omissions of the ENGINEER or his employees,
agents, subcontractors or representatives.
11. Insurance
A. The ENGINEER shall at his own expense obtain and maintain a Professional
Liability Insurance policy for errors, omissions or negligent acts arising out of the
performance of this Agreement in an amount of $1,000,000.00. Said amount shall
be the limits of ENGINEER’s liability.
B. The coverage shall be in force from the time of the agreement to the date when all
construction work for the Project is completed and accepted by the TOWN. If,
however, the policy is a claims made policy, it shall remain in force for a period
of six (6) years after completion.
DocuSign Envelope ID: C1DC381E-F4AB-4D21-9246-6439D2D4CBAEDocuSign Envelope ID: 21B30483-54D8-4532-BE39-DFC151148544
Since this insurance is normally written on a year-to-year basis, the ENGINEER
shall notify the TOWN should coverage become unavailable.
C. The ENGINEER shall, before commencing performance of this Agreement,
provide by insurance for the payment of compensation and the furnishing of other
benefits in accordance with M.G.L. c.152, as amended, to all its employees and
shall continue such insurance in full force and effect during the term of the
Agreement.
D. The ENGINEER shall carry insurance in a sufficient amount to assure the
restoration of any plans, drawings, computations, field notes or other similar data
relating to the work covered by this Agreement in the event of loss or destruction
until the final fee payment is made or all data are turned over to the TOWN.
E. The ENGINEER shall also maintain public liability insurance, including property
damage, bodily injury or death, and personal injury and motor vehicle liability
insurance against claims for damages because of bodily injury or death of any
person or damage to property.
F. Evidence of insurance coverage and any and all renewals substantiating that
required insurance coverage is in effect shall be filed with the Agreement. Any
cancellation of insurance, whether by the insurers or by the insured, shall not be
valid unless written notice thereof is given by the party proposing cancellation to
the other party and to the TOWN at least fifteen days prior to the intended
effective date thereof, which date shall be expressed in said notice.
G. Upon request of the ENGINEER, the TOWN reserves the right to modify any
conditions of this Article.
12. Notice
All notices required to be given hereunder shall be in writing and delivered to, or mailed
first class to, the parties' respective addresses stated above. In the event that immediate notice is
required, it may be given by telephone or facsimile, but shall, to the extent possible, be followed
by notice in writing in the manner set forth above.
13. Termination
A. Each party shall have the right to terminate this Agreement in the event of a
failure of the other party to comply with the terms of the Agreement. Such
termination shall be effective upon seven days' notice to the party in default and
the failure within that time of said party to cure its default.
B. The TOWN shall also have the right to terminate the Agreement without cause,
upon ten (10) days' written notice to the ENGINEER. In the event that the
Agreement is terminated pursuant to this subparagraph, the ENGINEER shall be
DocuSign Envelope ID: C1DC381E-F4AB-4D21-9246-6439D2D4CBAEDocuSign Envelope ID: 21B30483-54D8-4532-BE39-DFC151148544
reimbursed in accordance with the Agreement for all work performed up to the
termination date.
14. Miscellaneous
A. Assignment: The ENGINEER shall not assign or transfer any of its rights, duties
or obligations under this Agreement without the written approval of the TOWN.
B. Governing Law: This Agreement shall be governed by and construed in
accordance with the law of the Commonwealth of Massachusetts.
C. Section 44 of the Green Communities Act of 2008 (Acts 2008, Chapter 169)
created section 14 of G.L. c. 25A, which authorizes a state agency, building
authority or local governmental body (“public entity”) to contract directly with
their gas or electric utility supplier for “energy conservation projects” having a
“total project cost” of $100,000 or less.
The spirit of G.L. c.25A, §14 is to provide a limited exemption from the
competitive requirements of the public construction bid laws for energy
conservation projects with a total project cost of $100,000 or less. G.L. c. 149, the
public building construction law, and G.L. c. 30, §39M, the public works
construction law, do not apply to contracts entered into under G.L. c. 25A, §14.
DocuSign Envelope ID: C1DC381E-F4AB-4D21-9246-6439D2D4CBAEDocuSign Envelope ID: 21B30483-54D8-4532-BE39-DFC151148544
IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the TOWN by its
authorized representative who, however, incurs no personal liability by reason of the execution
hereof or of anything herein contained, as of the day and year first above written.
TIGHE & BOND, INC.
By: _________________________________
Name: April S. Lassard________________
Type or Print
Title: Senior Contracts Manager__________
TOWN OF BREWSTER:
By: _________________________________
DocuSign Envelope ID: C1DC381E-F4AB-4D21-9246-6439D2D4CBAE
4/3/2020
DocuSign Envelope ID: 21B30483-54D8-4532-BE39-DFC151148544
CERTIFICATION OF AVAILABILITY OF FUNDS
In accord with General Laws, Chapter 44, §31C, this is to certify that an appropriate in the amount of this
contract is available therefor.
By:
Town Accountant
519856/KOPE/0003
DocuSign Envelope ID: C1DC381E-F4AB-4D21-9246-6439D2D4CBAEDocuSign Envelope ID: 21B30483-54D8-4532-BE39-DFC151148544
4/3/2020
One University Avenue, Suite 104 • Westwood, MA 02090 • Tel 781.708.9820
www.tighebond.com
T-5030-0-P001
November 1, 2019 - Revised March 31, 2020
Mr. Chris Miller, Director
Natural Resources Department
Brewster Town Hall
Brewster, MA 01631
Re: Geotechnical Services for Retaining Wall Improvements – Grist Mill Pond
830 Stony Brook Road, Brewster, Massachusetts
Dear Chris:
Thank you for considering Tighe & Bond as your engineering consultant for this project.
Tighe & Bond is pleased to submit this proposal for improvements to the existing Stony
Brook Grist Mill Pond retaining walls.
The proposed improvements consist of a new retaining wall separating the Grist Mill
headrace pond and the fish ladder channel, and a new retaining wall for fish pool just
upstream of the Stony Brook Road culvert. Tighe & Bond has prepared this scope of work
and proposed fee based on our discussions to date, a site visit performed on October 23,
2019 and an existing record drawing set entitled “Lower Mill Pond Dam Rehabilitation,
Brewster, Massachusetts” prepared by Tighe & Bond dated August 2012.
The tasks described below include performing additional survey to evaluate the fishway
profile and preparing plans and technical specifications for the construction of the proposed
retaining walls. It is our understanding that permit application for this project will be
performed by the Town as a cost savings measure, but we can provide these services if
needed. Bid document preparation, bidding assistance, and construction phases services
are not included since they cannot be properly defined until the design is complete and
potential permit conditions are known.
Project Understanding
The Stony Brook Grist Mill and Museum is located at 830 Stony Brook Road in Brewster,
Massachusetts. The existing Grist Mill and surrounding property are owned by the Town of
Brewster and are overseen by the Mill Sites Committee1 (Collectively the Client). The Site
dates back to the sixteen-hundreds and has great historical significance. In addition, the
Stony Brook and the Mill ponds are thriving fish spawning routes.
The Lower Mill Pond Dam is located south of the existing Grist Mill. The dam which is
approximately 100-foot long was rehabilitated in 2013 with the construction of a new
reinforced concrete retaining wall replacing the old stone masonry wall. Flow is discharged
from the Lower Mill Pond though the primary spillway located on the east side of the dam
and down the existing fish passage channel, or through a slide gate on the west side of the
dam and down the headrace pond to the Grist Mill.
The headrace pond and the fish passage channel are separated by a narrow berm retained
on both sides with stone masonry walls. These walls, as well as the stone masonry wall
along the fish pool just upstream of the Stony Brook Road culvert, are in distress and
require replacement. It is our understanding that the Millsites Committee intends to keep
1 https://www.brewster-ma.gov/history-of-factory-village-and-stony-brook-grist-mill
- 2 -
the current appearance of the walls; therefore, the design will include re-using existing
stones on the face of the new walls, which are expected to consist of reinforced, cast in
place concrete, similar to the recent dam reconstruction. While some exposed concrete is
present at the dam, we understand that no concrete will be exposed on the new walls.
Both headrace pond and fish pool have been partially filled in with sediment. As a result,
another design goal is to dredge these areas, if costs are within the Town’s financial means.
Tighe & Bond will use the topographic survey from our dam re-construction design.
Geotechnical Design Services
Task 1.0: Field Survey
Tighe & Bond will subcontract a Massachusetts licensed surveyor to perform an on-the-
ground field survey to obtain the existing conditions of the fish passage located on the north
and south side of Stony Brook Road at the Stony Brook Fishway. The survey will include the
fishway profile from the exit of the Lower Mill pond to the fishway entrance at the
downstream marsh. The total area is approximately 0.80 acres.
The survey will locate retaining walls, elevations at the weir notch or sill, weir top of wall,
pool floor elevations at each of the pools, dimensions of each pool width and length,
dimensions of each weir (sill width and top width), culvert inverts, size, material and
condition, top and bottom of fishway walls along each pool, edge of water at enough
locations to define the shape of each pool, the top and bottom of the wall forming the Lower
Millpond and inverts for drainage and sewer structures found in the area. A minimum of 2
benchmarks will be established north and south of the Stony Brook Road. No boundary or
right of way survey’s will be performed. The right of ways and property lines will be taken
from GIS and Assessors maps and therefore will be shown as approximate.
Field work will be conducted to produce plans at a scale of 1” = 40’ with 1’ contours. Data
will be provided on the same project datum previously established is on the Massachusetts
State Plane Coordinate System of NAD 1983 and vertically on NAVD 1988. The new survey
will be merged with the existing survey.
Existing Conditions plan and profile in AutoCAD Civil 3D 2018 and delivered in electronic file
format along with pdf’s and hard copies. Drawings will show the fishway in a plan view with
matching profile below the plan view. Plans stamped by a Massachusetts Professional Land
Surveyor will be provided upon request.
Task 2.0: Retaining Wall Drawings
Tighe & Bond will prepare draft and final plans, technical specifications, opinion of probable
cost and operation and maintenance plan, for review by the Client. We will provide up to
seven technical specifications necessary for the re-construction of the wall improvements.
Our scope includes preparation of the following sections in the Construction Specifications
Institute 1995 format:
· 02200 Site Preparation
· 02210 Subsurface Investigations
· 02225 Selective Demolition
· 02315 Excavation, Backfill, Compaction and Dewatering
· 02320 Borrow Materials
· 02921 Vegetative Support Material, Hydroseeding and Mulching
- 3 -
· 03100 Concrete Forms and Accessories, Cast-in-Place Concrete and Concrete
Reinforcement
It should be noted that each of the specifications will include a section addressing Quality
Assurance to be implemented during construction. We will provide a maximum of ten
Drawing Sheets. The Contract Drawings will include the following sheets:
· Cover Sheet;
· General Notes and Legend;
· Existing Condition Plan and Profile and Site Preparation Plan (up to 2 sheets);
· Proposed Condition Plan (up to 2 sheets);
· Cross Sections;
· Details (up to 2 sheets);
· Structural Notes and Details.
The operation and maintenance plan will include the following sections:
· Vegetation management plan;
· Re-pointing of the stone-masonry wall veneer;
· Structural aspects of new concrete wall.
Plans and specifications will be delivered according to the following stages:
· Kickoff Meeting – Tighe & Bond, along with town, NRCS and CCCD representatives
shall participate in a kickoff meeting to review the project objectives, survey plan,
design process and requirements, schedule, and reviews and approvals.
· New Survey – Tighe & Bond will submit the new survey, integrated with the
existing survey from the dam re-construction project, for review by the Town Fish
Passage Specialist.
o Prior to the 33% deliverable, the Town Fish Passage Specialist will review
survey and assess whether changes are needed in the fishway passage near
the retaining wall to be improved.
o The Town Fish Passage Specialist will eventually prepare a conceptual design
of the fishway passage (south) for Tighe & Bond to incorporate into the 33%
design, if changes to the fishway passage to be incorporated in the retaining
wall design are needed. Tighe & Bond will meet with the Town Fish Passage
Specialist to discuss fishway improvements and preliminary wall design.
o Tighe & Bond will prepare a separate contract amendment for additional
design services to include the required retaining wall design based on the
Town Fish Passage Specialist conceptual design, if modifications are needed.
· 33% Draft Plans – Tighe & Bond will prepare preliminary design plans at the 33%
level for review and comments by the Client. Tighe & Bond will conduct a conference
call with the Client to present the 33% plans to discuss the design and address the
Town’s questions and comments.
· 67% Draft Plans - Tighe & Bond will incorporate comments from the Client at the
33% level and will move forward with design. Tighe & Bond will provide updated
plans for review at the 67% level and conduct a conference call to discuss the Town’s
questions and comments. This level of plans is considered suitable for permit
application to be performed by the Town.
- 4 -
· 100% Plans and Specifications - Tighe & Bond will incorporate comments from
the Client and the permitting agencies from the 67% level for final plans and
specifications. We will conduct a conference call to discuss the Town’s final questions
and comments. It is assumed that the permitting agencies will be in general
agreement with our design and any revisions to address their permit conditions will
be minor. Construction schedule, construction performance time and bid schedule
will be evaluated after 100% plans are delivered with input from the Town.
Task 3.0: Project Coordination
Tighe & Bond’s project manager will email the project team on a monthly basis with a
project report that will include a bullet list with work completed since the previous report
and the anticipated work to be performed the following month, to allow the team to follow
progression.
SCHEDULE
Tighe & Bond will begin work on this project upon receipt of a Notice to Proceed and signed
contract with the Town of Brewster. We anticipate the following schedule.
· Survey completed after 8 weeks from Notice to Proceed. Survey will be submitted for
review by the Town Fish Passage Specialist to assess whether changes are needed in
the fishway passage near the retaining wall to be improved.
· 33% Draft Plans – Submitted for review after 8 weeks from receipt of conceptual
fishway passage from the Town Fish Passage Specialist and receipt of a contract
amendment to fish passage modification design, if needed. 67% Draft Plans and
Specifications – Submitted for review within 8 weeks of receipt of Town’s comments
to 33% design submittal.
· 100% Plans and Specifications - Completed 5 weeks after 67% level comments and
Town acquired permits are received.
FEE
Tighe & Bond will perform the design services outlined above for a lump sum fee of
$42,700, invoiced monthly based on percentage complete. In the event that the scope of
work is increased for any reason, the lump sum fee to complete the work shall be mutually
revised by written amendment. The agreement for professional engineering services
between the Town of Brewster and Tighe & Bond is part of this letter.
- 5 -
If this proposal is acceptable, please sign and return one copy of this letter proposal. We
appreciate the opportunity to be working with the you on this important project. If you
require additional information or have any questions, please do not hesitate to contact me
at (508) 471-9645.
Very truly yours,
TIGHE & BOND, INC.
Christopher D. Haker, PE
Principal Engineer
ACCEPTANCE:
On behalf of the Town of Brewster the scope, fee, and terms of this proposal are hereby
accepted.
Authorized Representative Date
Enclosures: Terms and Conditions
\\tighebond.com\data\Data\Projects\B\B5078 Brewster Grist Mill Wall\Lower Mill Pond Retaining Wall.doc
1
Community Preservation Committee Application October 1, 2020
Dear Community Members,
The Brewster Community Preservation Committee (CPC) is accepting Community Preservation Act (CPA)
funding applications for:
1. Acquisition, creation, and preservation of Open Space
2. Acquisition, preservation, rehabilitation, and restoration of Historic Resources
3. Acquisition, creation, preservation, rehabilitation, and restoration of land for Recreational use.
4. Acquisition, creation, preservation, and support of Community Housing.
5. Rehabilitation and restoration of Open Space and Community Housing that have been acquired or
created using monies from the fund.
CPA funds may not be used for maintenance or the use of land for a stadium, gymnasium, or similar structure.
For examples of projects and additional information, go to: www.communitypreservation.org.
An application form and list of selection criteria are attached.
Applications should be submitted by July 1st for the fall meeting or December 1st for the spring meeting, to
allow sufficient CPC review time for potential presentation to the following Brewster Town Meeting.
Interested parties are urged to submit applications as soon as possible. For further information, please contact
any member of the committee.
Thank you,
Faythe Ellis, Chair
Community Preservation Committee
Faythe Ellis, Chair Historical Commission faythe.ellis@outlook.com
Sharon Marotti, Vice-chair Citizen Representative sharonmarotti@gmail.com
Elizabeth G. Taylor, Clerk Planning Board egtfarm@gmail.com
Roland W. Bassett, Jr., Member Recreation Commission
Barbara Burgo, Member Brewster Housing Authority bjburgo19@gmail.com
Peggy Jablonski, Member Citizen Representative pegjab@gmail.com
Bruce Evans, Member Conservation Commission nanumetbruce@gmail.com
Diane Pansire, Member Citizen Representative dpansire@capecodfive.com
Paul Ruchinskas, Member Citizen Representative pjruch@comcast.net
2
Community Preservation Committee Application October 1, 2020
Town of Brewster Community Preservation Committee
Project Eligibility Criteria
Projects must be eligible for Community Preservation Act (CPA) funding according to the requirements
described in the CPA legislation. These requirements include:
Acquisition, creation, and preservation of Open Space
Acquisition, preservation, rehabilitation, and restoration of Historic Resources. (See Secretary of the
Interior Standards for Treatment of Historic Properties for rehabilitation projects)
Acquisition, creation, preservation, rehabilitation, and restoration of land for Recreational use.
Acquisition, creation, preservation, and support of Community Housing
Rehabilitation and restoration of Open Space and Community Housing that have been acquired or
created using monies from the fund
CPA funds may not be used for maintenance or the use of land for a stadium, gymnasium, or similar structure.
For examples of projects and additional information, go to: www.communitypreservation.org.
Applicants must be able demonstrate a clear need for the use of public funds for their project.
The CPC may recommend grants for the planning phase of projects where sufficient information is included in
the application concerning the sources of funding that will be available after the planning phase is completed.
The Brewster Community Preservation Committee (CPC) encourages applications that address as many of the
following general criteria as possible:
Contribute to the preservation of Brewster’s unique character
Boost the vitality of the Town
Enhance the quality of life for Brewster residents
Serve more than one of the four CPA purposes
Save resources that would otherwise be threatened
Serve a currentl y under-served Town population
Demonstrate practicality and feasibility, and ability to implement within budget
Demonstrate a positive cost/benefit relationship
Leverage additional public and/or private funds
Preserve, enhance or better utilize existing Town resources
Receive endorsement by other Town committees and the Brewster public at large
3
Community Preservation Committee Application October 1, 2020
APPLICATION FOR COMMUNITY PRESERVATION ACT FUNDING
Date Application Submitted:
Name of Project Applicant:
Name of Co-Applicant(s), if applicable:
Name of Contact Person:
Contact Person’s Mailing Address:
Contact Person’s Daytime Phone Number:
Contact Person’s email Address:
Proposed Project Name:
Project Address (or assessor’s parcel ID):
Project Synopsis:
Category: ☐ Open Space ☐ Historic Preservation ☐ Recreation ☐ Community Housing
CPA funding requested $ ______________ Total Cost of Proposed Project $
4
Community Preservation Committee Application October 1, 2020
PROJECT DESCRIPTION
Please describe your project, answering all of the following questions in the order presented. Applications
will be considered incomplete if all requested information is not provided. Include supporting materials
(maps, diagrams, photos, etc.). Please number pages of application.
1. Project Description: Describe the proposed project. Is this part of a larger project or an ongoing project?
2. For Historic Preservation projects: Attach proof of listing on the State Register of Historic Places or a
letter from the Brewster Historical Commission indicating that the resource has been determined to be
significant in the history, archaeology, architecture, or culture of Brewster. Please note that rehabilitation
projects must comply with the Secretary of the Interior Standards for Treatment of Historic Properties.
Additional information and analysis will be needed for projects submitted by churches/religious
organizations to determine if they comply with the SJC’s Caplan vs. Town of Acton decision.
3. CPA Goals/Criteria: Describe how this project accomplishes the goals and objectives of the CPA (refer to
the attached general and issue-specific criteria and identify which of these apply to the project).
4. Community Benefits: What are the community benefits of the project?
5. Community Support: What is the nature and level of support for this project? Include letters of support
and any petitions.
6. Timeline: What is the schedule for project implementation, including a timeline for all milestones? Please
identify any special timing considerations for the project’s implementation. If this is part of a larger project,
is it phased? What is the timeline for the entire project?
7. Credentials: What are the qualifications and relevant experience of those undertaking the project?
8. Budget/Need for Public Funds: What is the total budget (sources of funds and uses/expenses) for the
project and schedule for expenditure of CPA funds? All sources of funds and expenses must be clearly
identified. Provide the basis for cost estimates whenever possible. (Note: CPA funds may not be used for
maintenance.)
If this is part of a larger project, what is the budget for the entire project (sources of funds and
expenses/uses)?
Clearly identify what additional funding sources are available, committed, or under consideration and why
public funding would be appropriate. Include copies of commitment letters, if available, and describe any
other attempts to secure funding for this project.
Provide the most recent audited financial report or if none available, an applicant generated financial report
that includes a balance sheet and operating budget. Town-sponsored projects must demonstrate why the
project cannot be funded through the Department’s or Committee’s budget.
9. Maintenance: If ongoing maintenance is required for your project, who will be responsible for maintenance
and how will it be funded?
5
Community Preservation Committee Application October 1, 2020
10. Site Control and Appraisal: If the project involves acquisition of real property, provide evidence of site
control (deed, purchase and sale, option, etc.). In addition, provide an appraisal of the property’s value by a
state licensed appraiser using customary appraising techniques. The CPA does not allow funding for
acquisitions if the acquisition price is greater than appraised value.
6
Community Preservation Committee Application October 1, 2020
Town of Brewster Community Preservation Committee
CATEGORY SPECIFIC CRITERIA
(Identify which of the following criteria apply to your project.)
Open Space Proposals
Permanently protect important wildlife habitat, including areas of significance for biodiversity,
diversity of geological features and types of vegetation, contain a habitat type that is in danger of
vanishing from Brewster or preserve habitat for threatened or endangered species of plants or animals.
Provide opportunities for passive recreation and environmental education.
Enhance or protect wildlife corridors, promote connectivity of habitat and prevent fragmentation of
habitats.
Provide connections with existing trails or potential trail linkages.
Preserve scenic views or border a scenic road.
Protect drinking water quantity and quality.
Provide flood control/storage.
Preserve important surface water bodies, including wetlands, vernal pools or riparian zones.
Preserve priority parcels in the Town’s Open Space Plan/maximize the amount of open land owned by
the Town of Brewster.
Historical Preservation Proposals
MANDATORY: Must be on the State Register of Historic Places or have a letter from the Brewster
Historical Commission indicating that the resource has been determined to be significant in the history,
archaeology, architecture, or culture of Brewster.
MANDATORY: Project must meet Secretary of the Interior Standards for rehabilitation and/or
restoration of Historic Preservation Properties.
MANDATORY IF REQUEST IS FROM A CHURCH/RELIGIOUS ORGANIZATION: The
project must satisfy the analysis outlined by the SJC’s Caplan vs. Town of Acton decision.
Protect, preserve, enhance, restore and/or rehabilitate historic, cultural, architectural or archaeological
resources of significance, especially those that are threatened.
Protect, preserve, enhance, restore and/or rehabilitate town-owned properties, features or resources of
historical significance.
Protect, preserve, enhance, restore and/or rehabilitate the historical function of a property or site;
Demonstrate a public benefit and/or public access, or
Otherwise provide permanent protection for maintaining the historic resource.
Project site should not be privately owned unless there is demonstrable public access and benefit.
Community Housing Proposals
Increase the supply of year-round affordable rental housing for all types of households, such as young
singles and couples, families, and seniors.
Build support for addressing housing needs through partnerships with conservation groups and non-
profit and for-profit developers.
Create housing that is affordable and appropriate for very low-income seniors and people with
disabilities.
Increase local capacity to plan, advocate for, and create affordable housing, preserve the affordability
and condition of existing affordable units, and monitor affordable housing restrictions.
Increase the variety of mixed-income housing choices in Brewster, particularly in or near commercial
areas in order to support Brewster’s economy and accommodate household growth.
Provide at least 10% of Brewster’s year-round housing units as affordable housing in order to meet
local and regional needs.
7
Community Preservation Committee Application October 1, 2020
Ensure long term affordability.
Commit to a resident selection process that promotes diversity and does not include a local preference.
Recreation Proposals
Support multiple active and passive recreation uses.
Serve a significant number of residents and visitors.
Expand the range of recreational opportunities available to all ages of Brewster residents and visitors.
Benefit other Brewster committees providing recreational resources to residents.
Promote the use of alternative corridors that provide safe and healthy non-motorized transportation.
8
Community Preservation Committee Application October 1, 2020
Town of Brewster Community Preservation Committee
APPLICATION REVIEW AND APPROVAL PROCESS
Step 1 – Complete the application (with numbered pages) and submit with all attachments either:
Electronically to cpcmeeting@brewster-ma.gov, or
Deliver a thumb drive containing the complete application with all attachments
to:
Community Preservation Committee
Town Hall
2198 Main Street
Brewster, MA 02631
Step 2 – Community Preservation Committee Review and Public Comment
A. Application Review:
The Brewster Community Preservation Committee (CPC) will review submitted applications to
determine whether:
Proposed project is eligible for Community Preservation Act funding after review by Town
Counsel.
The application, including the project description and any supporting documentation, is
complete.
The application is sufficiently developed in terms of work plan and timely for further
consideration. When necessary, the CPC will ask applicants to provide additional information,
and the CPC may accept modifications to the original proposal based upon that information
and/or discussions with the CPC.
B. Project Review Guidelines are as follows:
When the CPC has determined that the 3 criteria in the application review process listed
above (A) have been satisfied, the CPC will refer an application to the appropriate committee
for review and comment:
Historic Preservation applications will be referred to the Brewster Historical Commission for
review and recommendations.
Community Housing applications will be referred to the Brewster Housing Partnership for
review and recommendations.
Recreation applications will be referred to the Recreation Commission for review and
recommendations (unless the application originated with the Recreation Commission).
Open Space applications will be referred to the Open Space Committee for review and
recommendations (unless the application originated with the Open Space Committee)
C. Public Comment – The CPC will seek public comment on proposed projects at regular scheduled
meetings.
D. CPC Recommendation – After Application Review (A), Project Review (B) and Public
Comment (C), the CPC will make recommendations, pro or con, on all applications and will
notify applicants of the CPC’s determination. Applications that are approved will be
recommended in the form of warrant articles to be voted on at the next Town Meeting.
9
Community Preservation Committee Application October 1, 2020
The Brewster Community Preservation Committee (CPC) will make a recommendation to Town
Meeting for warrant articles that seek Community Preservation funds only if satisfactory information is
received from a project applicant indicating that:
1. Sufficient funds will be available to complete the project(s).
2. Every application shall include a project budget with a list of project sources and
uses/expenses of funds and a schedule for completion.
3. The source and estimated value of any expected ‘in-kind’ contributions shall be
specified.
4. The Brewster CPC may decline any application that is not responsive to these
requirements.
5. The CPC will establish the preliminary terms and conditions for any recommended
grant as part of its vote to recommend it.
6. Specific terms and conditions/requirements will be contained in the conditional award
letter from the CPC.
Step 3 – Town Meeting Approval. Town Meeting has the final authority to award funds from Brewster’s
Community Preservation Fund. Should Town Meeting vote approval, for non Town-sponsored awards, a Grant
Agreement will be executed between the Town and the applicant that will incorporate the terms and conditions
included in the award letter among other items. No CPC funds shall be expended until the Grant Agreement is
fully executed.
Step 4 – Funding and project oversight by the Community Preservation Committee
Funding will be available following Town Meeting, subject to submission of documents, including
the Grant Agreement if necessary, as required by the Community Preservation Committee.
In general, the Town and CPC will execute a grant agreement with the applicant that will describe,
among other issues, the conditions for CPC disbursement of funds, including any funds held back
until project completion. The CPC must review and approve all agreements.
Historic Preservation projects will require monitoring to ensure that work meets the restrictions as
outlined in the Secretary of the Interior Standards for Historic Properties.
In general, grant agreements will require that the project be completed and CPC funds expended
within two years.
The CPC will appoint one of its members as the liaison for each approved project. The liaison will
frequently be in contact with persons responsible for each project and will require regular reports in
person and/or in writing to the Committee. The liaison will also provide the initial approval for any
project funding request.
Two sets of bills must be submitted directly to the CPA Administrative Clerk (one original for the
Town Accountant and one copy for the CPA Committee files). These must be approved/initialed by
the Committee Clerk/Treasurer prior to being submitted to the Town Accountant.
Step 5 – Final Report after project completion. The Community Preservation Committee requires a final
grant report. The Committee reserves the right to withhold some funds until a final report is received
and approved by the Committee.
From: Chris Miller
Sent: Thursday, December 17, 2020 2:01 PM
To: Faythe Ellis; Doug Erickson (derickson@capecod.net)
Cc: Peter Lombardi; Sharon Marotti
Subject: RE: Follow up to CPC of Mill Sites Retaining Wall application review
I have attached letters of support from the Brewster Select Board and the chair of the Alewife
Committee.
Budget discussion:
The engineering design has reached the 33% conceptual design stage and project partners are currently
reviewing this submittal. We expect final permit ready designs (67%) in January 2021, at which time we
should also have a better construction cost estimate.
At this point, here is the working budget for the project, and how the requested Community
Preservation Committee (CPC) funding would be allocated.
Design:
We have hired Tighe & Bond (T&B) to do the engineering for the retaining wall. Their design services
are funded by the Cape Cod Conservation District (CCCD) with no required local match. $42,700 Lump
Sum.
Permitting:
Wetlands permits (Notice of Intent) will be completed by town staff from my department using the
Tighe & Bond engineering plans. We also anticipate local permits including building department, and
Old Kings Highway Historic District.
Massachusetts Historic Commission will also require submittals. When the dam was replaced in 2012,
we used Public Archaeologic Laboratories (PAL) to assist with the historic submittals and
evaluation. Their services were approximately $5000 and we anticipate approaching them for this
project due to their history with the site. We also anticipate that there may be a need for other
engineering submittals and we estimate those to be approximately $2500.
Bidding/Monitoring
Once the project has been permitted, we will develop an engineering contract to prepare bid
specifications and to conduct construction monitoring during the project. This was also done with the
dam reconstruction and was a valuable service to ensure the final product met the required historic and
fish run specifications. We anticipate these services to be approximately $20,000.
Construction Phase:
The Natural Resource Conservation Service has reviewed the project and estimate construction costs at
$386,667.00. They have provided $290,000.00 and require a local match of $96,667.00; this is the bulk
of the CPC funding request. It is important to note that these funds cannot be used for the permitting
phase of the project as described above.
Budget summary:
Services Funding source Funding Local Match (CPC,Town) Total
----------------------------------------------------------------------------------------------------------------------------------------
Design CCCD $42,700 $0 $ 42,700.00
Permits CPC/Town $7,500 $ 7,500.00
Construction NRCS $290,000
CPC $96,667 $386,667.00
Bidding/Monitoring CPC/Town $25,000 $ 25,000.00
=====================================================================================
======
$332,700 $129,167 $461,867
Requested CPC funding: $125,000
Stoney Brook Mill Site Historic Designations:
The Mill Site is on the National Register of Historic Places. The National Archives link
is: https://catalog.archives.gov/id/63794027
The application was submitted in May 2000, and the site was designated June 15, 2000. The 71 page
official record is too large to attach but a copy is also on the Town web site, under the Stoney Brook Mill
Sites Committee: https://brewster-ma.gov/files/millsitehistorical.pdf .
The site is also within the Old Kings Highway Historic District.
Historic Background:
The Stony Brook Grist Mill and Museum is a water-powered grist mill on the site of the original fulling
mill in Brewster’s Factory Village. The history of Factory Village begins with Plymouth Colony Governor
Thomas Prence purchasing Stony Brook (then called Saquatucket) and surrounding lands from local
Native Americans. The brook is supplied by the outflow of seven interconnected ponds and drops
twenty-six vertical feet in its two-mile rush to Cape Cod Bay. By 1663, a water powered grist mill began
grinding local grown grain into meal and flour for home use.
In 1665 a fulling mill shared the water power. Here homespun woolen cloth was brought to be cleaned
and “pre-shrunk” before being home sewn into family clothing.
In 1760, the fulling mill and thousands of dollars’ worth of homespun woolen material burned. Fifty four
years later (1814) the Winslow family built a woolen mill on the fulling mill foundation to produce the
first factory-made woolen cloth in America.
Thus in the early 1800’s began a thriving commercial community shown on maps as Factory Village.
There was a tannery, a cobbler’s shop (forerunner of today’s United Shoe Machinery Co.), carding and
cotton mills. In fact, everything from overalls to mittens, paper and ice cream were manufactured in
Factory Village.
Today’s Stony Brook Grist Mill is the sole remaining structure from Factory Village. Built in 1873 from
dismantled saltworks boards, it sits on the foundation of the original fulling mill. In 1940, the Town of
Brewster purchased the abandoned mill and surrounding property for $1,000 and established the
Millsites Committee to oversee this important historical site.
For many years, the town miller ground corn using a small “farmer’s mill.” In 2009, a new larger water-
wheel and millworks were built using Community Preservation Act funds. The completed restoration is a
working representation of a 19th Century Grist Mill. Visitors can see the mill in action and purchase
fresh ground cornmeal. The upstairs Museum features photos of Factory Village, a large collection of
Native American stone tools, an antique barn loom, and many artifacts from 19th Century Brewster life.
Since its purchase in 1940, limited improvements to enhance public access, safety, and interpretation
have been made. They include clearing underbrush, laying out unpaved footpaths, constructing wooden
footbridges, adding a small surface parking lot and picnic benches, restoring the grist mill building,
restoring the Mill Site dam, and erecting a few small interpretative signs and plaques.
Stony Brook/Factory Village also represents one of the earliest conscious acts of historic preservation in
Barnstable County. Its historical significance and special sense of place was recognized in the late-1930s
by a broad-based coalition that included local citizens and officials, property owners, and the Cape Cod
Chamber of Commerce. Through their efforts, the "Old Grist Mill" and lands immediately adjacent to
Stony Brook were purchased by, or donated to, the town for use as a museum and cultural/recreational
site.
The entire Stony Brook/Factory Village area was included within the Old King's Highway Regional
Historic District in 1973, and has been subject to design review since 1975. Together, those two early
preservation efforts, have helped Stony Brook/Factory Village to survive as the region's best preserved
historic industrial village, and to maintain an unusually high degree of historic integrity of location,
design, setting, materials, workmanship, feeling, and associations. The Mill Site was listed on the
National Registry of Historic Places in June of 2000.
The 2012 replacement of the historic dam at the site included notification and review by the
Massachusetts Historic Commission (see attached). This project will require a similar level of review and
approval.
I hope that this additional submittal is sufficient for your review of our CPC application.
Thank you,
Chris
--
Chris Miller, Director
Brewster Department of Natural Resources
cmiller@brewster-ma.gov
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
December 15, 2020
Ms. Faythe Ellis, Chair
Community Preservation Committee
Brewster Town Hall
2198 Main Street
Brewster, MA. 02631
Chair Ellis,
Please accept this letter of support for funding for the Stoney Brook Mill Retaining Wall project
submitted under the Historic Community Preservation category.
The unique industrial heritage of Stony Brook/Factory Village has been preserved by the Town
of Brewster as the Stoney [sic] Brook Mill Sites. Set aside in 1940 for public use and enjoyment,
this historic property is focused on Stony Brook, and encompasses land on its east and west
banks, both north and south of Stony Brook Road. Since its purchase in 1940, limited
improvements to enhance public access, safety, and interpretation have been made. They include
clearing underbrush, laying out unpaved footpaths, constructing wooden footbridges, adding a
small surface parking lot and picnic benches, restoring the grist mill building, restoring the Mill
Site dam, and erecting a few small interpretative signs and plaques.
Stony Brook/Factory Village also represents one of the earliest conscious acts of historic
preservation in Barnstable County. Its historical significance and special sense of place was
recognized in the late-1930s by a broad-based coalition that included local citizens and officials,
property owners, and the Cape Cod Chamber of Commerce. Through their efforts, the "Old Grist
Mill" and lands immediately adjacent to Stony Brook were purchased by, or donated to, the town
for use as a museum and cultural/recreational site.
The entire Stony Brook/Factory Village area was included within the Old King's Highway
Regional Historic District in 1973, and has been subject to design review since 1975. Together,
those two early preservation efforts, have helped Stony Brook/Factory Village to survive as the
region's best preserved historic industrial village, and to maintain an unusually high degree of
historic integrity of location, design, setting, materials, workmanship, feeling, and
associations. The Mill Site was nominated to the National Registry of Historic Places in May of
2000.
Office of:
Select Board
Town Administrator
Doc ID: d01ba9bb71f328af398656d156a9a7cb5c7f56ac
The Retaining Wall project aims to preserve and restore the existing stone retaining walls that
form the boundary of the Stony Brook channel. The existing loose laid stone retaining walls are
showing signs of collapse and erosion of the materials behind the walls. The walls also supports
the headrace pond that is used to power the mill wheel.
The project aims to reconstruct a properly engineered retaining wall that would then be faced
with the existing stones to preserving the historic character of the site. The goal is to not show
any concrete and to retain the historic look of the walls.
The Brewster Natural Resources Department has obtained grant funds to perform the engineering
design and for the majority of the construction costs. We urge you to provide Community
Preservation Funding to assist with final permitting and local match to the federal construction
grant.
Sincerely,
Mary Chaffee, Chair
Brewster Select Board
Doc ID: d01ba9bb71f328af398656d156a9a7cb5c7f56ac
Audit Trail
Title
File Name
Document ID
Audit Trail Date Format
Status
CPC Letter of Support: Millsites Wall Reconstruction
Draft Letter of S...tion Project.docx
d01ba9bb71f328af398656d156a9a7cb5c7f56ac
MM / DD / YYYY
Completed
12 / 15 / 2020
14:15:09 UTC
Sent for signature to Mary Chaffee
(mchaffee@brewster-ma.gov) from ryoung@brewster-ma.gov
IP: 131.109.131.20
12 / 15 / 2020
14:15:59 UTC
Viewed by Mary Chaffee (mchaffee@brewster-ma.gov)
IP: 73.227.44.169
12 / 15 / 2020
15:58:43 UTC
Signed by Mary Chaffee (mchaffee@brewster-ma.gov)
IP: 73.227.44.169
The document has been completed.12 / 15 / 2020
15:58:43 UTC
Proposal to the Community Preservation Committee from Cape Cod Repertory Theatre
Company, Inc. , d/b/a Cape Rep Theatre to divide the Crosby Barn Phase 2 project into
Phase 2A and 2B and to proceed with Phase 2A.
Dated: September 16, 2020
Description of proposal
Cape Rep Theatre requests disbursement of our grant to fund Phase 2A of the original
scope of our project.
What is Phase 2A (list is also provided below)
Phase 2A is the complete historical restoration of the barn: The exterior of the barn,
including the reproduction and installation of the cuppola and on the interior, the
patching and replacement of damaged portions of the floor and reinforcement from
underneath, and complete restoration of all interior architectual elements. The interior
panelling would not be reinstalled until Phase 2B, after the energy envelope and other
infrastructure is complete and ready to be closed in.
Phase 2A also includes bringing in utilties to the building and capping them off inside
(electrical, gas and water lines) and also includes completion of the shell of the
bathroom addition and the passageway between it and the restored barn.
What is Phase 2B
Phase 2B is the installation of all mechanical and fire suppressions systems, energy
envelope, electrical and plumbing, interior finishes and landscaping necessary to obtain
our occupancy permit for the original intended use of a multifunctional place of
assembly.
Why we propose this course of action and how are we proceeding
This request is motivated by the effects of COVID 19 on the theater’s need to survive.
All theaters were shut down on March 23rd and, under Governor Baker’s reopening
plan unable to reopen. We therefore lost our ability to mount a theater season and have
no programming income. In addition, all pre-season ticket holders deserved a refund on
their ticket and subscription purchases so we contacted each and offered a refund,
credit or chance to donate their purchase. This meant our revenue streams to survive
had to come from donations. The governing board and management felt strongly that
embarking upon a public campaign for the remaining funds needed for the barn project
would negatively impact our ability to raise funds to survive financially.
Consequently, we decided to proceed to bidding and see what we could do. We
selected Cape Associates’ bid and then engaged in a study of what we could complete
with funds on hand or committed. The result was a plan to divide the project into two
and complete the restoration of the exterior and the other elemetns listed above. To us,
the prospect of living up to our obligation to save this historic structure was important
and can be done if we hold our committments together and use available cash raised
for the project. Despite everything that has happened to us, the prospect of achieving
CPC Proposal to fund Phase 2A 9/16/20 page 1
this goal is exciting and rewarding and give us hope that we can complete the entire
project.
We would not be able to move forward without the CPC grant money and the MCFF
grant money. We will be able to access our full committment from the MCFF grant and
are waiting for the agreement to be drafted. Our work to date along with work to be
done qualifies for total reimbursement.
Our plan on how to proceed
If the CPC agrees to the fund Phase 2A, we would be on the timeline submitted with this
proposal. Permit applications and approval from the state building inspector and the
Department of Conservation and Recreation would go out immediately and the time
period for responding by these departments would be 4 weeks. Construction could
begin in November and run 6 months and end in May.
We have decided to permit the entire scope of Phase 2 in order that we can complete
portions of Phase 2B as funds become available. All design and construction
documents are completed for the entire scope of Phase 2.
An Answer to the question you asked as to whether we can proceed if 10% of the
funds are held back (40,000.00) as per the drafted agreement for this grant
We actually called a meeting yesterday to discuss this. To be honest, it would be tough,
but we want you to know that we would proceed and find those funds somewhere.
A list of items included in the Historical Restoration portion of Phase 2
1. Exterior Work - All restoration/rehabilitation of entire exterior of barn as per submitted
plans. This includes all window and doors, exterior decorative elements as per our plans
submitted and the work of David Mason previously described to the committee
2. Construction and installation of replicated historic cupola
3. Exterior Walls and Roof of the Addition, rough framing the interior
4. Restoration/rehabilitation of barn floor including repairs and patching to damaged
portions and installation of subfloor
5. Complete restoration of all interior paneling as previously described to the committee
5. New front entry: doors, windows, canopy, concrete entry pad
6. Some outside lighting
7. Site Utility work – bringing in services to building interior and capping for next phase.
(Water, Sanitary, Gas, Electric, etc)
CPC Proposal to fund Phase 2A 9/16/20 page 2