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
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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
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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
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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