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HomeMy Public PortalAbout2021 03 09 Public Meeting PacketFebruary 17, 2021 Brewster Conservation Commission Brewster Town Offices 1657 Main St. Brewster, MA 02631 RE: Notice of Intent: Narrative Donald T. Poole & Dawn Sternlieb 46 Main St. Brewster, MA Map 6 Parcel 10 Dear Commission Members, Enclosed please find the Notice of Intent for a proposed addition within the 100' buffer zone to a bordering vegetated wetland. The site is located on the Brewster/Dennis Town line on Route 6A. The property is a developed site with a residence, office, barn, shop and shed. Of the 6.75 acres of the property 1.4 acres are not under conservation restriction. The proposed 19'x14' addition will sit on an area that is currently clear of trees or any other vegetation. Placement of the addition in this area preserves the existing trees and vegetation. Further, the area was disturbed in approximately 2003 during the installation of the septic system. Our goal is to increase the size of the first-floor bedroom to include a sitting/reading area, walk in closet and a full handicapped accessible bathroom for my physically challenged mother who can no longer live alone. We would like her to have ample room to be comfortable without having to navigate the stairs and small doorways of our 300-year-old house. Historically there have been structures with various uses attached to the house in this location within the last 200 years (please see attached photos). The limit of work is 60 feet from the wetland. The proposed addition is approximately 55 feet from the resources. 46 Main Street, Brewster MA 02631 • Ph. 508-255-0477 o utermosti andsurvey. corn Work Protocol: 1) The limit of work shall be constructed per the Limit of Work lines shown on the attached site plan. 2) Building permits are acquired 3) Conservation start of work procedure is followed by the owner/contractor 4) The 4' excavation for footings/foundation to be excavated with a frost wall 4' from the existing foundation 5) The footings and foundation shall then be constructed and an as-built completed for the foundation and the conservation limit of work. 6) The wood frame addition shall be built, including all needed subcontractors 7) Once finalized/ground stable, a building occupancy permit and Conservation certificate of compliance shall be obtained. We have not proposed mitigation plantings and/or re-vegetation as 5.35 acres are under conservation restriction. This proposal is to add onto an existing structure approximately 60+feet from the resources. The limitations of the conservation restriction and shape of the lot have determined the location of the addition. We look forward to the Conservation Public Hearing set for March 9, 2021 to present the project. Please contact us if you need any additional information. Sincerely, err Donald T. Poole & Dawn Sternlieb 46 Main Street, Brewster MA 02631 • Ph. 508-255-0477 • o utermostl andsurvey. corn 4 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 46 Main St. Brewster a. Street Address Latitude and Longitude: 6 b. City/Town 41-44-40.74N d. Latitude 10 02631 c. Zip Code 70-08-39.4W e. Longitude f. Assessors Map/Plat Number 2. Applicant: Donald & Dawn g. Parcel /Lot Number Poole & Sternlieb a. First Name b. Last Name c. Organization 46 Main St. d. Street Address Brewster MA e. City/Town f. State 508-255-0477 dIsinptown@hotmail.com h. Phone Number i. Fax Number j. Email Address 02631 g. Zip Code 3. Property owner (required if different from applicant): q Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State h. Phone Number 4. Representative (if any): g. Zip Code i. Fax Number j. Email address a. First Name b. Last Name c. Company d. Street Address e. City/Town f. State h. Phone Number i. Fax Number g. Zip Code j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 $42.50 a. Total Fee Paid b. State Fee Paid $67.50 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town A. General Information (continued) 6. General Project Description: Build an addition to an existing dwelling to expand bedroom suite and add one full bathroom within the 100' buffer zone to a bordering vegetative wetland 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1 Z Single Family Home 2. E Residential Subdivision 3. E Commercial/Industrial 4. E Dock/Pier 5. E Utilities 6. E Coastal engineering Structure 7. [1] Agriculture (e.g cranberries, forestry) 8. E Transportation 9. E Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Z Yes Z No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. Property recorded at the Registry of Deeds for: Barnstable a. County 212279 b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Z Buffer Zone Only — Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. E Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check al l that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 43 For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area a. q Bank b. q Bordering Vegetated Wetland c Land Under Waterbodies and Waterways Resource Area d. q Bordering Land Subject to Flooding Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear feet 1 square feet 2. square feet 1. square feet 2. square feet 3. cubic yards dredged Size of Proposed Alteration Proposed Replacement (if any) 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e q Isolated Land Subject to Flooding 1. square feet f. q Riverfront Area 2. cubic feet of flood storage lost 3. cubic feet replaced 1. Name of Waterway (if available) - specify coastal or inland 2 Width of Riverfront Area (check one): q 25 ft . - Designated Densely Developed Areas only q 100 ft. - New agricultural projects only q 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 4. Proposed alteration of the Riverfront Area: a. total square feet square feet b. square feet within 100 ft. c square feet between 100 ft. and 200 ft. 5 Has an alternatives analysis been done and is it attached to this NOI? 6 Was the lot where the activity is proposed created prior to August 1, 1996? q Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. q Yes q No q Yes q No wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town Online Users . Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a q b, q Designated Port Areas Land Under the Ocean Indicate size under Land Under the Ocean, below 1 . square feet 2. cubic yards dredged Department c.E q Barrier Beach Coastal Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below d e q Coastal Dunes 1. square feet 2. cubic yards beach nourishment 1. square feet 2. cubic yards dune nourishment f q g. q Coastal Banks Rocky Intertidal Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet Shores Salt 1. square feet h q i. q Marshes Land Under Salt 1. square feet 2. sq ft restoration, rehab., creation Ponds 1. square feet i. q Land Containing 2. cubic yards dredged Shellfish 1. square feet k q Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged I q Land Subject to Coastal Storm Flowage 1. square feet q Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Batt Marsh 5. q Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements ri This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists — Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps. massgis. state. ma us/PRI EST HAB/viewer.htm. a El Yes E No If yes, include proof of mailing or hand delivery of NOI to: see map b. Date of map Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (N01); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c Submit Supplemental Information for Endangered Species Review' 1 CI Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage q Assessor's Map or right-of-way plan of site 2. E Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work " (a) E Project description (including description of impacts outside of wetland resource area & buffer zone) (b) E Photographs representative of the site Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangerea'-species-act-mesa-requiatory-review) Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont'd) (c) q MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-profect-review). Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: mill Vegetation cover type map of site (e) q Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1 q Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.goviservice-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. q Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. q Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a 0 Not applicable — project is in inland resource area only b. q Yes q No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and North Shore - Hull to New Hampshire border: the Cape & Islands: Division of Marine Fisheries - Division of Marine Fisheries - Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 836 South Rodney French Blvd. 30 Emerson Avenue New Bedford, MA 02744 Gloucester, MA 01930 Email: dmf.envreview-south mass.gov Email: dmf. envreview-north mass.qov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. c q Is this an aquaculture project? d. q Yes q No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3 doc • rev. 6/18/2020 Page 6 of 9 4 Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. q Yes E No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. El Yes E No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a [I] Yes E No Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. El Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1 . I] Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2 EJ A portion of the site constitutes redevelopment Proprietary BMPs are included in the Stormwater Management System. Check why the project is exempt: Single-family house Emergency road repair Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information E This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent — Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (N01). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. q USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. q Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVVV] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town D. Additional Information (cont'd) 3 q Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. E List the titles and dates for all plans and other materials submitted with this NOI . Plot Plan a. Plan Title Outermost Land Survey, Inc. b. Prepared By Donald T. Poole, PLS t (11-) cLip,2.ey1,5- PE c. Signed and Stamped by 12/17/20 1"=20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date 5 q If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. q Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. 111 Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. E Attach NOI Wetland Fee Transmittal Form 9. El Attach Stormwater Report, if needed. E. Fees Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth. federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 1701 2/17/21 2. Municipal Check Number 3. Check date 1700 2/17/21 4. State Check Number Dawn 5. Check date Sternlieb 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town F. Signatures and Submittal Requirements hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signatur f Appli (ak,ile-f) ~i7/?) 2. Date a 2.0Z/ 3. S ture of operty Owner (if different) 4. Date 5. Signature of Representative (if any) 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc • rev. 6/18/2020 Page 9 of 9 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tetrw To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Location of Project: 46 Main St. a. Street Address c. Check number 2. Applicant Mailing Address: Donald & Dawn a. First Name Brewster b. City/Town 42.50 d. Fee amount Poole & Sternlieb b. Last Name c. Organization 46 Main St. d. Mailing Address Brewster e. City/Town 508-255-0477 h. Phone Number i. Fax Number 3. Property Owner (if different): MA 02631 f. State g. Zip Code dIsinptown@hotmail.com j. Email Address a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town h. Phone Number f. State g. Zip Code i. Fax Number j. Email Address B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Welland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee Cat 1a work on a single family lot 1 $110 $110 Step 5/Total Project Fee: $110 Step 6/Fee Payments: Total Project Fee: State share of filing Fee: City/Town share of filling Fee: $110 a. Total Fee from Step 5 $42.50 b. 1/2 Total Fee less $12.50 $67.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) noireeff.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 TOWN OF BREWSTER 1657 Main STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.O0V Notice of Intent Filing Checklist Brewster Wetlands Protection By-law Before you submit your Notice of Intent to the Conservation Commission and other applicable agencies, please complete and sign this check -list, showing that you understand and have completed all of the forms and procedures required for a Notice of Intent filing. The Conservation Commission will not open the hearing if the filing is not complete. The Conservation Commission requires one (1) electronic copy and three (3) paper (hard) copies of the Notice of Intent and attached plans for each filing. Include each item of the application, with pages numbered consecutively and in the order designated on this checklist. Staple these pages together, and attach the plan or plans with a paper clip. All of the pages and plan represent one copy of the application. The Conservation Commission members now require only plans and a narrative/variance narrative, and not the full NOI. Please send ten (10) plans and narrative, stapled to the plan Submit only ONE copy of this checklist to the Conservation Department. Components of the Application 5C 1. Contact the Brewster Assessors' Office to provide to you a certified abutter's list and a photocopy of the appropriate section of the Town of Brewster Assessors' Map, showing the property of your project and all abutting properties required for a legal wetland filing under the Brewster Wetlands By-law. This list will provide the names of all direct abutters to the property (first abutters), all that abut the first abutters (second abutters) if they are within 300 feet of the lot lines of the property, and lot(s) directly across the street from your lot. The street is the first abutter and lots directly across, second abutters. If abutters are in another town, obtain a certified list of these abutters from the assessors' office in that town, and submit it and the appropriate assessors' map in the application also. K 2. Notify all abutters on the list of your proposed project on the "Notice to Abutters" form letter, by certified, return receipt mail before or on the day of filing, and submit the Certified Mail Receipts (Form 3800) as part of the filing. Submit the Certified Mail Receipt of the application sent to the DEP and, if applicable, the MA Division of Fisheries and Wildlife's Natural Heritage & Endangered Species Program. Submit the US Postal Service Form 3811 at the hearing. OFFICE OF CONSERVATION COMMISSION 3. Complete and include all applicable sections of the Notice of Intent (WPA Form 3). 4. Include MA Department of Environmental Protection (DEP) State Appendix G. Field Data Form(s) for bordering vegetated wetlands and other indicators of wetland hydrology. Submit one form for each area tested; one form for the wetland area and one for upland. ts( 5. Include a photocopy of an 8" by 10" section of the appropriate United States Geological Survey (USGS) Quadrangle Map clearly showing the location of the project. 6. If applicable, send copies of the Notice of Intent application and supporting documents by return receipt mail to the Massachusetts Natural Heritage and Endangered Species Program, the US Army Corps of Engineers, etc. Submit these certified mail receipts (Form 3800) to the Conservation Department. X 7. Calculate the DEP fee on the DEP Wetland Fee Transmittal Form and include it with the application. Send the form with a check or money order for the state share, to the DEP Lock Box. Include a copy of the fee transmittal form and the check in the filing. X 8. Include a clear, comprehensive narrative, describing all aspects of the project. IS 9. Include the Brewster Wetlands Protection By-law Notice of Intent Addendum. L 10. If applicable to this filing, include a variance request with alternatives analysis. P 1 1 . If applicable to this filing, include a copy of the "Appendix A MA Historical Commission" (MHC) form; the original of which shall be sent to MHC by certified, return receipt mail, and the Form 3800 to the Conservation Department with the other return receipts. At this time, the Brewster Conservation Commission requires this notification only in cases in which the lot is undisturbed by an existing structure. . 12. Calculate the town filing fee on the Brewster WP By-law Transmittal Form, and add the advertising fee, processing & mailing fee, and the town portion of the state fee in the area provided. Include this with the application. X 13. Include one check or money order for the total amount designated on the Brewster WP By-law Transmittal Form. A 14. Include a copy of the "Notice to Abutters" form letter. • 15. Include a professional site plan, scale, 1" = 20", clearly showing: • In color, the wetland line (green), fifty foot buffer zone (red) and one hundred-foot buffer zone (dark blue) delineations, • wetland flags numbered to correspond with each Field Data Form, • topography (minimum 2 foot), contour line and spot elevation, • the insignia of the applicable professional(s) who designed the plan, in compliance with the Brewster Conservation Commission Policy for Plans for Wetlands Permitting of 3/8/05. All site plans; original and revised, shall show the wetland and buffer zones in color. 16. Include elevation drawings of the proposed structure(s) on paper of 8 1/2" x 11" or 11" x 17". 17. If the lot is an undeveloped, secluded, or otherwise unidentifiable area, identify the lot on the plan by the number of the nearest telephone pole or the nearest road intersection. If there is no pole on the lot, describe the lot's proximity to the nearest; for example, "the lot is twelve feet east of telephone pole no.167". 'k 18. Fold each plan separately, right side out with title visible, and attach it to each copy of the application. 19. Include signed Site Access Authorization Form g 20. Properly stake and flag the project site to identify all required portions of the project, prior to the day of filing. • Clearly stake all boundaries and limits of work. • Clearly identify all stakes and flags in the field, showing the one hundred foot and 50 foot buffer zones and all wetland areas. • Designate each wetland type on the flag as "BVW" (bordering vegetated wetland), "TOB" (top of bank), "LSF" (land subject to flooding), etc. Conservation Commissioners and Department staff will inspect the site. Unless a holiday interferes, the filing deadline for all applications is noon on the Thursday at least ten (10) business days before the hearing. The hearing must be advertised in a local newspaper (at this time, the Cape Codder Newspaper) no less than five business days before a hearing. When a holiday interferes with the Friday production, the newspaper will notify the town of its earlier submittal deadline. Additional information or revised plans for continued hearings must be submitted no later than Monday at 4:00 PM, eight (8) days prior to the hearing. Submit twelve (12) hard copies (unless stated otherwise) in addition to the digital copy, and paper clip documents to the folded plan with the plan title on the outside. Anyone proposing a structure within 50 feet of a wetland resource area shall contact the Brewster Zoning Agent before the Conservation Commission will open your hearing. da , confirm that this application is complete Environmental consultant/engineer/surveyor Notice of Intent Filing Checklist 2018 Brewster Conservation Commission Notice of Intent Addendum Brewster Wetlands Protection By-law Chapter 172 Within 100 feet of the following - check all applicable resource areas: Coastal Wetlands Coastal Bank q Coastal Dune Coastal Beach Coastal Marsh Flat Ocean Estuary Land Subject to Flooding or Inundation by Tidal Action Land Subject to Flooding by Coastal Storm Flowage Inland Wetlands Inland Bank Meadow Marsh q Bog • Swamp Lake Pond River q Stream Land Under Said Waters Land Subject to Flooding or Inundation by Groundwater or Surface Water Are you proposing an activity on land within 50 feet of any resource area protected under the Town of Brewster Wetlands Protection By-law? I I Yes No If your answer to the above is yes, are you requesting a variance pursuant to Part 5 of the regulations promulgated pursuant to the Brewster Wetlands Protection By-law? Fl Yes [ 1 No If so, please describe on a separate sheet in complete detail using the Brewster Wetlands Protection By-law Variance Justification form, the reasons for the variance, and the facts upon which the Commission should find that there has been a clear and convincing showing that the proposed work and its natural and consequential effects will not have any adverse effect upon any of the interests specified in the By-law and listed on the variance justification form. Is the lot to be altered by the proposed work currently unaltered (without a structure), and located on the Brewster Archaeological Sensitivity Map (available for view in the Conservation Department) with respect to historic or prehistoric (archaeological) interests? Yes No If both apply, have you completed and mailed by certified mail or hand delivery the attached 950 CMR State Appendix A form from the Massachusetts Historical Commission, so that the Commission shall have received the Appendix A response prior to the filing of the Notice of Intent? F1 Yes No Brewster Wetlands Protection By-law Notice of Intent Addendum TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM Date: 2/16/21 Project: Proposed Addition Location: 46 Main St. Brewster Property Owner: Donald Poole & Dawn Sternlieb I (we) hereby authorize the individual members of the Brewster Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch 131, s. 40) and/or the Brewster Wetlands Protection Bylaw (Chapter 172). Additionally, if an Order of Conditions is issued for the project, I (we) grant permission for Commission members and the Commission's agents to enter the above referenced property for the purpose of inspecting for compliance with the Order of Conditions. This site access authorization is valid until a Certificate of Compliance is issued by the Conservation Commission. Authorized Signature: Date: 4/ 7P / Please Print Name: Donald Poole & Dawn Sternlieb If other than owner, please state whether tenant, agent, or other: Mailing Address. Phone: 508-255-0477 vO inki) Sr 6a ctisiler tnA ao6 3/ Email: dlsinptown@hotmail.com Cell: Fax: Massachusetts Department of Environmental Protection Bureau of Resource Protection — Wetlands Massachusetts Wetlands Protection Act (M.G.L. c.131, § 40) Brewster Conservation Commission Code of the Town of Brewster Chapter 172 Notice to Abutters Date: 2/16/21 To: Abutters of property located at 46 Main St. Assessors' Map 6 Parcel 10 From: Donald Poole & Dawn Sternlieb Owner of Property Donald Poole & Dawn Sternlieb In accordance with the requirements of G. L. C. 131, § 40, Massachusetts Wetlands Protection Act and Section 5, the Town of Brewster Wetlands Protection By-law, this is notification to you that a filing has been submitted to the Brewster Conservation Commission for a proposed project. id a 17",(11/1 add' Ar) LeAs-74The project includes the following: side of r9vistifinlifie 127rdie2 1/4 y L41:typrt ehicri Actil 6*, Zallt The proposed work will occur within 100 feet of: X Inland Wetlands Coastal Wetlands The project is proposed to occur within an Inland Wetland. The project is proposed to occur within a Coastal Wetland. The information and plans for the project may be reviewed between 8:30 AM and 4:00 PM at the this time due to the Covid pandemic, on Tuesdays and Thursdays at the Conservation Department, Brewster Town Offices, 1657 Main Street. A public hearing will be held Tuesday March 9 , 20 21 . Until further notice, due to the Covid pandemic, meetings will be held only by remote participation. For the year 2021, meetings begin at 7:00 PM. The hearing notice will be publicized in the Cape Codder Newspaper no less than five (5) days prior to the hearing. If you have questions, please call the Brewster Conservation Department at 508 896-4546, extension 4243, between the hours of 8:30 AM and 4:00 PM. Sincerely, Representative for Applicant Notice to Abutters rev. November, 2020 James M. M. Gallagher, MAA Deputy Assessor Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 6/10/0 6/41/0 0 MAIN ST 63 MAIN ST E 6/9/ 72 MAIN S 0 PINE RIDGE ROAD 15432 6-1-0-E DENNIS TOWN OF 685 ROUTE 134 SOUTH DENNIS MA 02660 (21-) CONSERVATION COMMISSION 0 AIRLINE ROAD REAR 2328 6-2-0-R KELLEY HENRY II TRUSTEE P 0 BOX 343 EAST DENNIS MA 02641 (21-45) HENRY KELLEY II LIVING TRUST 0 WHIFFLETREE AVENUE 2325 6-4-0-R MURPHY CHARLES M P 0 BOX 24 BREWSTER MA 02631 (21-42) 62 WHIFFLETREE AVENUE 2324 6-5-0-R LABDON JANET P & ROBERT A JR 62 WHIFFLETREE AVENUE BREWSTER MA 02631 (21-41) TRSTEE - J.L.L. REALTY TRUST 72 MAIN STREET 2323 6-9-0-R MANISCALCO JAMES F & KAREN M 10 BRACKETT STREET MILTON MA 02186 (21-40) 46 MAIN STREET 2326 6-10-0-R POOLE DONALD T 8 STERNLIEB DAWN L 46 MAIN STREET BREWSTER MA 02631 (21-43) 0 OLD COUNTY ROAD 2327 6-11-0-E SEARS CEMETERY 0 OLD COUNTY ROAD BREWSTER MA 02631 (21-44) 63 MAIN STREET 2276 6-38-0-E BREWSTER CONSERVATION TRUST - 36 RED TOP ROAD BREWSTER MA 02631 (21-1) TRUSTEES 0 MAIN STREET 13609 6-41.0-E BREWSTER CONSERVATION TRUST 36 RED TOP ROAD BREWSTER MA 02631 (21-1-1) TRUSTEES Code of the Town of Brewster Wetlands Protection Chapter 172 Brewster Wetlands Protection By-law Wetlands Fee Transmittal Form Fee Categories The fee must be calculated using the following process and worksheet and included in the Notice of Intent or Abbreviated Notice of Resource Area Delineation Application: Step 1/Type of Activity: Describe each type of activity (from the Category of Activities and Fees) which will occur in a wetland resource area and buffer zone. If a variance is requested, add "w/var." - for example: Cat. la): work on a single family lot: addition w/var. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify the fee associated with each type of activity using the categories of projects and fees listed. Add applicable variance fee for each activity requiring a variance. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Step 5/Total Project Fee: Determine the total BWP By-law fee for the project by adding the subtotal amounts identified in Step 4. Step 6/Advertising Fee: Add $15 for advertising Step 7/Processing and Mailing Fee: Add $20 for processing and mailing Step 8/Town Portion of State Fee: Amount calculated in Massachusetts NOI Wetland Fee Transmittal Form, WPA Form 3. Step 9/Total Paid to the Town of Brewster: Total of By-law fee, consultant fee, advertising fee, processing & mailing fee, and town portion of state fee. Make checks payable to the Town of Brewster. Step 1 Step 2 Step 3 Step 4 Type of Activity Number of Individual Subtotal Activities Activity Fee Catagory 1 1 $100 $100 Step 5/ Total BWP By-Law Project Fee Step 6/Advertising Fee: Step 7/Processing & Mailing Fee: Step 8/Town Portion of State Fee: Step 9/Total Paid to the Town of Brewster: 61 /CO $15 $20 $67.50 $202.50 Submit only this page of the Fee Schedule with the Notice of Intent. NOI