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HomeMy Public PortalAbout2021 03 23 Public Meeting Packetex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 1 GRANTOR: The Compact of Cape Cod Conservation Trusts, Inc. GRANTEE: Town of Brewster, Conservation Commission ADDRESS OF PREMISES: 0 Stony Brook Road (rear), Brewster, MA 02631 FOR GRANTOR’S TITLE SEE: Barnstable County Registry of Deeds Book 33715 Page 346 FOR PLAN OF RECORD SEE: Barnstable County Registry of Deeds Plan Book 444, Page 3. CONSERVATION RESTRICTION THE COMPACT OF CAPE COD CONSERVATION TRUSTS, INC., being the sole owner and a Massachusetts charitable corporation with an office at 36 Red Top Road, Brewster, Massachusetts 02631 and a mailing address at P.O. Box 443, Barnstable, Massachusetts 02630, its successors and assigns holding any interest in the Premises as hereinafter defined, (“Grantor”), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, grants with QUITCLAIM COVENANTS to THE TOWN OF BREWSTER, a Massachusetts municipal corporation, with a principal place of business at Town Hall, 2198 Main Street, Brewster, Massachusetts, 02631, acting by and through its Conservation Commission, by authority of Section 8C of Chapter 40 of the Massachusetts General Laws, its permitted successors and assigns (“Grantee”), for nominal consideration, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, the following Conservation Restriction on land located in the Town of Brewster, County of Barnstable, Commonwealth of Massachusetts, containing the entirety of an approximately 1.86-acre parcel (“Premises”), which Premises is more particularly described in Exhibit A and shown in the attached sketch plan in Exhibit B, both of which are incorporated herein and attached hereto. I. PURPOSES: This Conservation Restriction is defined in and authorized by Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. The purpose of this Conservation Restriction is to assure that the Premises will be maintained in perpetuity for conservation purposes, in a natural, scenic and undeveloped condition, and to prevent any use or change that would impair or interfere with its conservation and preservation values (“conservation values”). Conservation Land Tax Credit: “CLTC” Program. The Premises was acquired utilizing, in part, the Conversation Land Tax Credit Program authorized under the Chapter 509 Acts of 2008 ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 2 Sections 1-4 as amended by Chapter 409 Acts of 2010 Sections 4-13 of the Massachusetts General Court. The conservation values include the following:  Open Space Protection. The Premises contributes to the protection of the scenic, natural and historic character of the Stony Brook Road- Old King’s Highway Regional Historic District area in Brewster and the protection of the Premises will enhance the open-space value of these and nearby lands. The Premises is located adjacent to land owned and preserved by the Brewster Conservation Trust.  Protection of Wildlife Habitat. Approximately two-thirds of the Premises is within a Massachusetts Natural Heritage & Endangered Species Program- (“NHESP”) designated Priority Habitat of Rare Species and an NHESP-designated Estimated Habitat of Rare Wildlife. Moreover, the Premises is situated entirely within NHESP BioMap2-designated Critical Natural Landscape. BioMap2, published in 2010, was designed to guide strategic biodiversity conservation in Massachusetts over the next decade by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native species and their habitats, exemplary natural communities, and a diversity of ecosystems. BioMap2 is also designed to include the habitats and species of conservation concern identified in the State Wildlife Action Plan. Therefore, the protection of the Premises aligns with NHESP’s wildlife and habitat protection objectives and would ensure perpetual protection for each of these state- recognized habitats.  Water Quality Protection. The Premises encompasses a small freshwater wetland and drains to Dollar Pond. Granting this Conservation Restriction will prevent additional stress from development on these freshwater habitats .  Consistency with Clearly Delineated Barnstable County Conservation Policy. Protection of the Premises will assist in achieving Barnstable County conservation goals. In July 1991, the Barnstable County Assembly of Delegates, pursuant to the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan (RPP), amended in 1996, 2002 2009, 2012, and 2018 which provided, inter alia (references are to the 2018 RPP):  “To protect, preserve, or restore wildlife and plant habitat to maintain the region’s natural diversity” (Wildlife and Plant Habitat Goal, p. 55).  In reference to this Wildlife and Plant Habitat Goal, the RPP states, “For many years habitat loss due to development has been the primary threat to the region’s habitats” (p. 32);  “To conserve, preserve, or enhance a network of open space that contributes to the region’s natural and community resources and systems” (Open Space Goal, p. 55).  In reference to this Open Space Goal, the RPP states, “[t]he open space of the Cape is critical to the health of the region’s natural systems, economy, ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 3 and population. Open space provides habitat for the region’s diverse species and protection of the region’s drinking water supply” (p. 30); and,  “To protect and preserve the significant cultural, historic, and archaeological values and resources of Cape Cod” (Cultural Heritage Goal, p. 58). Granting this Conservation Restriction will advance each of these goals. The Wildlife and Plant Habitat Goal will be advanced because the Premises lies primarily within an NHESP Priority Habitat of Rare Species. Additionally, the Premises lies entirely within an NHESP BioMap2 Critical Natural Landscape. This Conservation Restriction will ensure that these important habitats remain undisturbed in perpetuity. The Open Space Goal will be served in preventing development on the Premises. And finally, the Cultural Heritage Goal will be advanced because the property is located 100% within the Old King’s Highway Regional Historic District. Consistency with Clearly Delineated Town of Brewster Conservation Policy. Protection of the Premises will further the Town of Brewster’s documented goals regarding conservation of land. In 2020, the Town of Brewster outlined its conservation goals in its updated Open Space and Recreational Plan, identifying policies and actions to guide conservation efforts. Protecting this Premises from development supports the Town’s goals for maintaining open space, preserving the rural and scenic character of the area, and protecting habitat diversity and fresh surface waters. Additionally, the Town of Brewster has adopted a Conservation Restriction Program (“CRP”), consisting of policies and guidelines approved by the Board of Selectmen, Assessors and Conservation Commission in 1989, to encourage the use of conservation restrictions as a means of “preserving open space, forest lands, and natural habitat of fish, wildlife or plants and providing scenic enjoyment, outdoor recreation and education of the public” in perpetuity. The Program further specified that purposes of a conservation restriction could include the following:  prevent the cutting of trees;  preserve important natural habitats; and,  limit or prevent construction on land of natural resource value. This Conservation Restriction therefore aligns well with the Town of Brewster’s Conservation Restriction Program.  Consistency with Clearly Delineated Federal Conservation Policy. Protection of the Premises meets the definition of “conservation purposes” as defined in 26 CFR 1.170A- 14(d)(1), because its conservation would contribute to the preservation of open space located adjacent to several other parcels already conserved - two owned by the Brewster Conservation Trust;  Consistency with Clearly Delineated State Conservation Policy. The Premises possesses significant open space, natural, aesthetic, ecological, plant and wildlife habitat, and scenic ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 4 values (collectively “Conservation Values”) of great importance to the Grantee and the people of Brewster and the Commonwealth of Massachusetts.  Historical Purposes. The Premises falls within the Old Kings Highway Regional Historic District, which is listed in the Massachusetts Historical Commission (“MHC”) State Register of Historic Places and is also a local historic district. In a letter dated Se ptember 26, 2019, Jonathan K. Patton, Archeologist/Preservation Planner for MHC recognized that “The property is in proximity to the ancient Native American Smith Pond Site (19-BN- 660)...(and) undisturbed portions of the property are archeologically sensitive.” The fact that the Premises is “…in proximity to the wetlands and water resources of Smith Pond and Stony Brook, (it is) favorable for ancient and historic period land use and occupation.” (MHC#RC.67007) These and other conservation values of the Premises, as well as its current uses and state of improvement, are described in a Baseline Documentation Report (“Baseline Report”) prepared by Grantee with the cooperation of the Grantor, consisting of maps, photographs, and other documents and on file with the Grantee and referenced herein. The Baseline Report (i) is acknowledged by Grantor and Grantee to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, and (ii) is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein. Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant other than the Baseline Report, should the Baseline Report be unavailable or if it does not adequately address the issues presented. II. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES A. Prohibited Acts and Uses Subject to the exceptions set forth herein, the Grantor will not perform or allow others to perform the following acts and uses which are prohibited on, above, and below the Premises: (1) Constructing, placing or allowing to remain any temporary or permanent building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, road, wind turbine, antenna, utility pole, tower, solar panel, solar array, conduit, line or other temporary or permanent structure or facility on, above or under the Premises; (2) Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit or otherwise making topographical changes to the area; (3) Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings generated off-site, waste or other substance or material whatsoever or the installation of underground storage tanks; ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 5 (4) Cutting, removing or otherwise destroying trees, grasses or other vegetation; (5) Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, wildlife habitat, or archaeological conservation; (6) Hunting, owing to state safety setbacks; trapping, or camping; (7) Use, parking or storage of vehicles including motorcycles, mopeds, all-terrain vehicles, trail bikes, or any other motorized vehicles on the Premises except for vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) in carrying out their official duties or as necessary for the mobility impaired; (8) Subdivision or conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), and no portion of the Premises may be used towards building or development requirements on this or any other parcel. The development rights which are encumbered and extinguished by this Conservation Restriction shall not be transferred to any other property pursuant to a transferable development rights plan, cluster development plan, or otherwise; (9) The use of the Premises for business, residential or industrial use, or commercial recreation; (10) Any other use of the Premises or activity which is inconsistent with the purpose of th is Conservation Restriction or which would impair its conservation values. B. Reserved Rights and Exceptions The Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such uses and activities do not impair the conservation values or purposes of this Conservation Restriction. (1) Vegetation Management. The selective minimal removing of brush, pruning and cutting to prevent, control or remove hazards, disease, insect or fire damage, or to preserve the present condition of the Premises, including vistas as documented in the Baseline Report, woods roads, fence lines and trails and meadows; (2) Non-Native or Nuisance Species. The removal of non-native or invasive species, the interplanting of native species, and the control of species in a manner that minimizes damage to surrounding, non-target species and preserves water quality; (3) Composting. The stockpiling and composting of stumps, trees, brush, limbs, and similar biodegradable materials originating on the Premises, provided that such stockpiling and composting is in locations where the presence of such activities will not impair the conservation values (including scenic values) of this Conservation Restriction. No such activities will take place in any open meadow areas or closer than one hundred (100) feet ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 6 from any wetland, waterbody or stream. All exercise of this reserved right shall take into account sensitive areas and avoid harm to nesting species during nesting season; (4) Wildlife Habitat Improvement. With the prior written approval of Grantee, measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs and plant species; (5) Signs. The erection, maintenance and replacement of signs with respect to trespass, trail access, identity and address of the occupants, sale of the Premises, the Grantee's interest in the Premises, any gift, grant, or other applicable source of support for the conservation of the Premises, and the protected conservation values; (6) Fences. With the prior written approval of the Grantee, the installation, and thereafter without the prior written approval of the Grantee, the maintenance, of open-faced (i.e., sight-pervious) fences, such as wooden split rail, for property boundary delineation, safety reasons, and trail demarcation, so long as the dimensions and design of said fences do not impede free wildlife passage; (7) Resting Benches. The installation of resting benches, provided that such installation causes no more than minimal disturbance and does not negatively impact the conservation values; (8) Outdoor Passive Recreational Activities. The Grantor and its invitees are permitted to conduct non-commercial, passive recreational uses of the Premises during daylight hours, subject to reasonable regulation by the Grantor. Passive outdoor recreation activities may include walking, jogging, cross-country skiing, bird watching, hiking, wildlife observation, photography, fishing, sketching, painting, and other similar activities that do not conflict with the conservation values and that are permitted by law; (9) Open Meadow Habitat. The continued mowing and maintenance of the open meadow habitat (as shown in the Baseline Report) no more than once per calendar year between the beginning of September and end of March, provided no mowing occurs within fifty (50) feet of the wetland resource areas. (10) Trails. The right to maintain existing trails and, with prior notice to the Grantee, the right to create new trails, provided no trails exceed a width of eight (8) feet. (11) Parking. With the prior written approval of the Grantee, the construction, and thereafter without the prior written approval of the Grantee, the maintenance and use, of an unpaved area within the panhandle of the Premises (see Exhibit B) for vehicle parking associated with use of the Premises. (12) Use of Maintenance Vehicles. The right to use motorized vehicles for property maintenance; ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 7 (13) Drainage. The right to maintain and use the existing drain in its existing location as shown in the Baseline Report, which drain leads from the interior wetland to Dollar Pond. (14) Site Restoration. Any work undertaken in conjunction with the Reserved Rights described in this Paragraph II(B) shall seek to minimize disturbance to the Conservation Values and other natural features within the Premises that may be impacted as a result of exercising of any of the Reserved Rights described herein. Upon completion of any site work performed in conjunction with the Reserved Rights described in this Paragraph II(B), any disturbed areas shall be restored substantially to the conditions with respect to soil material, grade, and vegetated ground cover as documented in the Baseline Report, as applicable, or in conformance with the conditions with respect to soil material, grade, and vegetated ground cover that existed prior to said work, if said work is done in any area not documented in the Baseline Report. (15) Permits, Regulations, Laws. The exercise of any right reserved by Grantor under this Paragraph II(B) shall be in compliance with zoning, the Wetlands Protection Act, and all other applicable federal, state and local laws, rules, regulations, and permits. The inclusion of any reserved right requiring a permit from a public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit should be issued. (16) Best Management Practices. The exercise of any right reserved by Grantor under this Paragraph II(B) shall follow, when available and if applicable, established, up to date, and regionally-applicable Best Management Practices or similar standards developed by a governmental agency or other entity with known expertise in the area of practice and designed to protect the natural features potentially affected by the action(s). C. Notice and Approval. Whenever notice to or approval by Grantee is required, Grantor shall notify Grantee, by a method requiring proof of receipt, in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where Grantee’s approval is required, Grantee shall grant or withhold approval in writing within sixty (60) days of receipt of Grantor’s request. Grantee’s approval shall not be unreasonably withheld, but shall only be granted upon a showing that the proposed activity shall not impair the purposes of this Conservation Restriction. Grantee agrees to use reasonable diligence to respond to Grantor’s request within 60 days of delivery. Grantee’s failure to respond within the sixty (60) calendar day period shall be deemed a denial of the request (hereinafter, a “Deemed Denial”). A Deemed Denial is not final or binding on Grantee, and Grantor may submit the same or a similar request for approval. III. LEGAL REMEDIES OF THE GRANTEE ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 8 A. Legal and Injunctive Relief. The rights hereby granted shall include the right to enforce this Conservation Rest riction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of (it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantee determines there is no ongoing diminution of the conservation values of the Conservation Restriction. Prior to instituting litigation to enforce any violations of this Conservation Restriction, the Grantee shall first notify the Grantor and request the Grantor to remedy the violation; if the violation is not remedied within sixty (60) days, then the parties shall make a good faith effort to mediate the dispute before litigation is commenced, provided the Grantor ceases the violation immediately upon receipt of notice of the violation and makes a good faith effort to remedy the violation. Grantee shall not, however, have the right to bring an action against Grantor with respect to a violation of this Conservation Restriction by trespassers or other third persons whose entry on the Premises is not authorized or not voluntarily acquiesced in by Grantor; Grantor agrees that Grantor will not voluntarily acquiesce in any violation of this Conservation Restriction by trespassers or such other third persons; and Grantor further agrees that Grantor will make reasonable efforts to deter such activities and to remedy the violation and will cooperate with Grantee to enforce this Conservation Restriction against trespassers and such other third persons. Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by Grantor or determined by a court of competent jurisdiction to have occurred. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a survey and to have the boundaries permanently marked. B. Non-Waiver. Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. C. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 9 D. Acts Beyond the Grantor’s Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor’s control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Premises, if desirable and feasible. IV. ACCESS The Grantor hereby grants to the Grantee, or its duly authorized agents or representatives, the right to enter the Premises (i) after reasonable notification, at reasonable times and in a reasonable manner, for the purpose of inspecting the Premises to determine compliance with the provisions of this Conservation Restriction or to enforce it; and, (ii) after sixty (60) days prior written notice, except in an emergency in which case notice shall be given as soon as is practicable, to take any and all actions with respect to the Premises as may be necessary or appropriate, with or without order of court, to remedy, abate or enforce any violation hereof unless the Grantor has prior to the expiration of said sixty (60) days given written notice to the Grantee reasonably addressing all alleged violations and setting forth a reasonable plan to remedy any such alleged violation and has made reasonable efforts to cease the activity or to begin remediation. Access to and use of the Premises by the general public shall be at the discretion of the Grantor, but only for daytime use and as described in Paragraph II(B)(8) provided that such agreement by Grantor is subject to the Grantor’s reserved right to establish reasonable rules, regulations, and restrictions on such permitted recreational use by the general public for the protection of the purposes and conservation values of this Conservation Restriction. Grantor has the right to control, limit, or prohibit by posting and other reasonable means activities or uses of the Premises not authorized in Paragraph II(B)(8). The Grantor’s right to grant public access across the Premises is subject to the restrictions described in this Conservation Restriction. Any public use which is permitted by the terms of this Conservation Restriction constitutes permission to use the Premises for purposes described in Section 17C of Chapter 21 of the Massachusetts General Laws and the Grantor and Grantee hereto benefit from exculpation from liability to the extent provided in such section. The Grantee may require the Grantor to post the Premises against any use that may result in rutting or erosion or other damage to the natural resources of the Premises. V. EXTINGUISHMENT A. If circumstances arise in the future such as render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Massachusetts Secretary of Energy and Environmental Affairs. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 10 the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph V(B), subject, however, to any applicable law which expressly provides for a different disposition of the proceeds and after complying with the terms of any gift, grant, or funding requirements. Grantee shall use its share of the proceeds in a manner consistent with the conservation purpose set forth herein. B. Proceeds. Grantor and Grantee agree that the donation of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a value that is equal to ten percent (10%) of the fair market value of the unrestricted Premises. For the purposes of this paragraph, said proportionate value shall remain constant. Any proceeds will be distributed only after complying with the terms of any gift, grant, or other funding requirements. C. Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with Paragraph V(B), after complying with the terms of any law, gift, grant, or funding requirements . If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of the proceeds like a continuing trust in a manner consistent with the conservation purposes of this grant. VI. DURATION & ASSIGNABILITY A. Running of the Burden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor, on behalf of itself and its successors and assigns, appoints the Grantee their attorney- in-fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor and its successors and assigns agree themselves to execute any such instruments upon request. C. Running of the Benefit. The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except in the following instances: As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; that the assignee is not an owner of the fee in the Premises, and the assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 11 General Laws. Any assignment will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VII. SUBSEQUENT TRANSFERS The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the execution of such transfer. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. VIII. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall, within thirty (30) days written notice, execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor’s compliance or non-compliance with any obligation of the Grantor contained in this Conservation Restriction, and which otherwise evidences the status of this Conservation Restriction as may be requested by the Grantor. IX. NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction to a non-fee owner that is qualified under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws in order to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non-fee owner. X. AMENDMENT If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction; provided that no amendment shall be allowed that will affect the qualification of this Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of the Massachusetts General Laws. Any amendments to this conservation restriction shall occur only in exceptional circumstances. The Grantee will consider amendments only to correct an error ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 12 or oversight, to clarify an ambiguity, or where there is a net gain in conservation value. All expenses of all parties in considering and/or implementing an amendment shall be borne by the persons or entity seeking the amendment. Any amendment shall be consistent with the purposes of this Conservation Restriction, shall not affect its perpetual duration, shall be approved by the Secretary of Energy and Environmental Affairs and if applicable, shall comply with the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and any gifts, grants or funding requirements. Any amendment shall be recorded in the Barnstable County Registry of Deeds or, if registered land, the Barnstable Land Registry District. XI. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it has been recorded in a timely manner in the Barnstable County Registry of Deeds or, if registered land, the Barnstable Land Registry District. XII. NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre-paid, addressed as follows: To Grantor: The Compact of Cape Cod Conservation Trusts, Inc. P.O. Box 443 Barnstable, MA 02630 To Grantee: Town of Brewster Conservation Commission 2198 Main Street Brewster, MA 02631 or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties. XIII. GENERAL PROVISIONS A. Controlling Law. The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 13 C. Severability. If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. D. Entire Agreement. This instrument sets forth the entire agreement of th e parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. XIV. MISCELLANEOUS A. Pre-Existing Public Rights. Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. B. Subordination. The Grantor shall record at the appropriate Registry of Deeds simultaneously with this Conservation Restriction all documents necessary to subordinate any mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. C. Attached hereto and incorporated herein by reference are the following: Signature pages: Grantor – The Compact of Cape Cod Conservation Trusts, Inc. Grantee Acceptance – Town of Brewster Conservation Commission Approval by Brewster Select Board Approval of the Secretary of Energy and Environmental Affairs. Exhibits: Exhibit A: Description of Premises Exhibit B: Reduced Copy of Plan of Premises ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 14 WITNESS our hands and seals this ____day of ___________________, 2021, Leonard W. Johnson, duly authorized President, The Compact of Cape Cod Conservation Trusts, Inc. Henry Lind, duly authorized Treasurer, The Compact of Cape Cod Conservation Trusts, Inc. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2021, before me, the undersigned notary public, personally appeared Leonard W. Johnson, President, The Compact of Cape Cod Conservation Trusts, Inc., and Henry Lind, Treasurer, The Compact of Cape Cod Conservation Trusts, Inc., the corporation named in the foregoing instrument, and proved to me through satisfactory evidence of identification which was personal knowledge of identity to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. ______________________________ Mark H. Robinson, Notary Public My Commission Expires: 8 July 2027 ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 15 ACCEPTANCE OF GRANT BY THE TOWN OF BREWSTER CONSERVATION COMMISSION We, the undersigned, being a majority of the Conservation Commission of the Town of Brewster, Massachusetts, hereby certify that at a public meeting duly held on ___________ 2021, the Conservation Commission voted to approve and accept the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., pursuant to Section 32 of Chapter 184 and Section 8C of Chapter 40 of the Massachusetts General Laws and do hereby accept the foregoing Conservation Restriction. TOWN OF BREWSTER CONSERVATION COMMISSION: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2021, before me, the undersigned notary public, personally appeared__________________, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 16 APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on ___________, 2021, the Select Board voted to approve the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., to the Town of Brewster, acting by and through its Conservation Commission, in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. SELECT BOARD: Chair COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2021, before me, the undersigned notary public, personally appeared ___________________, Chair, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 17 APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., to the Town of Brewster, acting by and through its Conservation Commission, has been approved in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. Dated: ________________, 2021 Kathleen A. Theoharides Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss: On this day of , 2021, before me, the undersigned notary public, personally appeared Kathleen A. Theoharides, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 18 EXHIBIT A Description of the Premises The Premises subject to this Conservation Restriction is the entirety of a parcel of land located in the Town of Brewster, Barnstable County, Commonwealth of Massachusetts, containing a total of 1.86 acres, shown as all of Lot 2 on a plan of land entitled “Plan of Land in Brewster, Mass. as surveyed and prepared for Herbert V.S. Brewer, Scale 1 in = 40 ft., July 2, 1987,” which is recorded with the Barnstable Registry of Deeds, Plan Book 444, Page 3, a reduced copy of which is attached hereto as Exhibit B. For Grantor’s title, see deed recorded at the Barnstable County Registry of Deeds Book 33715 Page 346. Town of Brewster Assessors: Map 36-36, Lot 2. Street Address: 0 Stony Brook Road (rear), Brewster, Massachusetts, 02631. ex-FOSTER CONSERVATION RESTRICTION BREWSTER, MA 19 EXHIBIT B Reduced Copy of Plan of Premises (Lot 2) For official full size plan see Barnstable County Registry Plan Book 444, Page 3 Premises = parking limited to panhandle Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ran Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands BREWSTER City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Applicant: TOWN OF BREWSTER CMILLER@BREWSTER-MA.GOV Name E-Mail Address 1657 MAIN STREET Mailing Address BREWSTER MA 02631 City/Town State Zip Code (508)896-4546 Phone Number Fax Number (if applicable) 2. Representative (if any): Firm Contact Name E-Mail Address Mailing Address City/Town State Zip Code Phone Number Fax Number (if applicable) B. Determinations I request the BREWSTER make the following determination(s). Check any that apply: Conservation Commission q a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. q b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. • c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. z d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: TOWN OF BREWSTER Name of Municipality q e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaforml. doc • rev. 7/27/2020 WPA Form 1 — Request for Determination of Applicability • Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands BREWSTER City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 0 SLOUGH ROAD Street Address BREWSTER City/Town 10 25 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The site contains a system of retired cranberry bogs. Since the last harvest of cranberries in 2005 the site has been recolonized by wetland grasses, sedges, rushes, shrubs, and young trees. Large disturbed areas outside the wetland contain a narrow access road, and evidence of sand mining, commonly found near commercial cranberry bogs. c. Plan and/or Map Reference(s): Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The Department of Natural Resources requests to flush-cut juvenile pitch pines within the bogs to maintain an open meadow habitat. The trees range from sapling size to 3" DBH and the largest trees would be prioritized. Removing competetion around native woody-shrubs such as Sweet-Pepper Bush, Winterberry, and Bayberry would also be prioritized. The accumulation of debris would be removed from the area of cutting and staged on a large disturbed area of sand, outside the wetland, adjacent to the retired sand mine. The debris would later be chipped and used to stabilized areas of bare disturbed sand. If left to nature the bog would transition into a pitch pine/oak dominated woodland. Slowing or halting the process of forest succession will create a valuable niche habitat currently rare in Brewster. All work would be done by hand. wpaforml.doc • rev. 7/27/2020 WPA Form 1 — Request for Determination of Applicability • Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands BREWSTER City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 q New agriculture or aquaculture project q Public project where funds were appropriated prior to 8/7/96 q Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision q Residential subdivision; institutional, industrial, or commercial project q Municipal project q District, county, state, or federal government project q Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaform1.doc • rev. 7/27/2020 WPA Form 1 - Request for Determination of Applicability • Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands BREWSTER City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: TOWN OF BREWSTER Name 2198 MAIN STREET Mailing Address BREWSTER City/Town MA State Signatures: 02631 Zip Code I also understand that no fication of this Request will be placed in a local newspaper at my expense in Secti. 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signatur 03/03/2021 Date Signature of Representative (if any) Date wpaforml.doc • rev. 7/27/2020 WPA Form 1 — Request for Determination of Applicability • Page 4 of 4 TOWN OF BREWSTER DEPARTMENT OF NATURAL RESOURCES 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 SHELLFISHk,t)BREWSTER-MA.GOV In 2006 & 2007, the Town of Brewster purchased a group of properties totaling 59 acres straddling Slough Road in southwest Brewster for conservation. Included was an 8-acre working cranberry bog called Mother's Bog. Since unworked the bogs have naturalized with most of the cranberries perishing from lack of irrigation. Currently the area is meadow-like. If left to nature the bog will transition into a pitch pine/oak dominated woodland. Slowing or halting the process of forest succession will create a valuable niche habitat currently rare in Brewster. The Department of Natural Resources requests to flush-cut juvenile pitch pines within the bogs to maintain an open meadow habitat. The trees range from sapling size to 3" DBH. Removal of the largest trees would be prioritized. Removing competition around native woody-shrubs such as Sweet-Pepper Bush, Winterberry, and Bayberry would also be prioritized. The resulting debris would be removed from the area of cutting and staged on a large disturbed area of sand, outside the wetland, adjacent to the retired sand mine. The debris would later be chipped and used to stabilize areas of bare disturbed sand. All work would be done by hand. WWW.BREWSTER-MA.GOV Stony Brook, Brewster Map 10 Parcel 25 Pine Pond 29 0 375 750 1,500 Feet RETIRED BOGS FORMER SAND MINING AREA RETIRED BOGS MOTHER'S BOG 50 100 200 Feet I i I i I JUVENILE PITCH PINES BEGIN TO CROWD A PATCH OF INKBERRY JUVENILE PITCH PINES INSIDE THE MARSH STAGING AND CHIPPING SITE AT RETIRED SAND MINING AREA MIMMIIMMan. -"•— •••••• mall• Wows. "lib Tr .}..... .• ..... 110 01. . 4.1.1111, .40111, . ,mac ' OW 41.- 4•16. . -... i l lriw e ll6" .411.• ...- . ir-- -..e ".••,, s.- -'0.44.1114 ce. .ik,71-7'. «a0110' -II' 1sta _ .1111P"' ''''' .0__iiiiiv ,,::',"/ ..- -000110 ,... .411/0„ A ir v ir les.. ire" miiialo, , - w_.4,_.0. lerr.,- . . .41i-, • :. .......t. F- -gandieb• " -1. /02_,.... • - —Ire< , .... . .. lit .,,, .z,„,„,m: . r -- a.m. ...... l iort.:4„.:' ' •-irrri: ' 0 ' • IOSIW ' IN. - '-mill laill 4.111 /1 k1, . -Nillk e - l'i lleidfr air , - 44 1F- t . Irer•rr ' - .. ••-• mg' - • - "gb - 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: MARCH 4, 2021 To: Abutters of property located at 0 SLOUGH ROAD Assessors' Map 10 Parcel 25 From: BREWSTER DEPT OF NATURAL RESOURCES Owner of Property TOWN OF BREWSTER 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. The project includes the following: Removal of juvenile pitch pines at Mother's Bog Conservation Area. Trees would be cut at ground level and removed from the bog. Trees range from sapling size to '3" in diameter. The department of Natural Resources aims to keep the trees from repopulating the area and maintain a meadow habitat that is rare in Brewster. The proposed work will occur within _0_ feet of: X_ Inland Wetlands Coastal Wetlands X_ 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 23 , 20_21. Until further notice, due to the Covid pandemic, meetings will be held only by remote participation. For the year 2021, beginning on March 9, meetings will begin at 6:00 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, David Johnson Representative for Applicant Notice to Abutters rev. February, 2021 e e TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 10/25/0 10/25/0 0 SLOUGH R \ \ V10/24 H RO D.R •R 8525 9-15-0-E (51-1) BREWSTER TOWN OF am 9-16-0-E (38-83) 6613 10-154-R (38-145) BREWSTER TOWN OF CONSERVATION COMMISSION DESIMONE ANITA J 0 SLOUGH. R AD REAR 9/1510 578 SLOUGH ROAD Location Mailing Street 678 SLOUGH ROAD 2198 MAIN STREET Mailing City BREWSTER 0 SLOUGH ROAD REAR 2198 MAIN STREET 30 GLENWOOD ROAD 30 GLENWOOD ROAD 6814 10-16-0-R (38-146) NEILLY MAUREEN M 0615 10-17-0-R (38-147) 28 GLENWOOD ROAD P 0 BOX 170 VIGLIOTTA MARYANN DAMIAN & RONALD 26 GLENWOOD ROAD 18 HAMPDEN AVENUE 8633 10-22-0-E (3845) BREWSTER TOWN OF BREWSTER BREWSTER ST ZipCd/COuntry MA 02631 MA 02631 MA 02631 CHARLTON DEPOT MA 01509 BURLINGTON 0 SLOUGH ROAD 2190 MAIN STREET BREWSTER 6531 10-23-0-E (3841) BREWSTER TOWN OF CONSERVATION COMMISSION MA 01803 MA 02631 0 SLOUGH ROAD 2198 MAIN STREET BREWSTER 6596 10-24-0-E (36-122) 6530 10-25-0-E (38-59) BREWSTER TOWN OF CONSERVATION COMMISSION MA 02631 0 SLOUGH ROAD REAR 2198 MAIN STREET BREWSTER BREWSTER TOWN OF CONSERVATION COMMISSION 6599 10-26-0-E (38-123) BREWSTER TOWN OF CONSERVATION COMMISSION 6635 10-27-0-R (38-169) 6634 10-28-0-R (38-168) MCGRMH KEVIN & ERIN 0 SLOUGH ROAD 2198 MAIN STREET BREWSTER MA 02631 MA 02631 0 SLOUGH ROAD 2198 MAIN STREET BREWSTER MA 02631 MCCOLGAN KELLEY O'SULLIVAN TRSTEE JAMES K OSULLIVAN IRREV TR 6633 10-29-0-R (38-187) BELLAROSA DONALD Si BF! I AROSA DIANNE JOY 15 PINE VIEW DRIVE 295 SUMMIT ROAD ABINGTON MA 02351 27 PINE VIEW DRIVE 1076 STATE ROUTE 213 HIGH FALLS NY 12440 37 PINE VIEW DRIVE 37 PINE VIEW DRIVE BREWSTER MA 02631 6632 10-30-0-11 (38-1138) PATTEN BENJAMIN & BAILEY ASHLEY 67 PINE VIEW DRIVE 57 PINE VIEW DRIVE BREWSTER MA 02631 8031 10-31-0-R (38-165) BEACH RYAN R & BEACH SOCHEATH 71 PINE VIEW DRIVE 71 PINE VIEW DRIVE BREWSTER MA 02631 3/3/2021 Page 1 Key Parcel ID Oyster Location Mailing Street Mailing City ST 212CclfCountry_ 6630 10-32-0-R (38.164) LAPALME PAUL MICHAEL & CHRISTINE L TRUSTEES 89 PINE VIEW DRIVE 89 PINE VIEW DRIVE BREWSTER MA 02831 6629 10-33-0-R (38-163) PERRY HENRY A & KATHLEEN J 93 PINE VIEW DRIVE 93 PINE VIEW DRIVE BREWSTER MA 02831 6628 10-34-0-R (38-162) PAUL NAZAIRE & MARIE 103 PINE VIEW DRIVE 98 CALS COURT RAYNHAM MA 02767 6827 10-35-0-R ROMME' GEORGE H JR 104 PINE VIEW DRIVE 104 PINE VIEW DRIVE BREWSTER MA 02831 (38-161) 6626 10-36-0-R BROOKS PHILIP JOHN & 94 PINE VIEW DRIVE 4503 MIDDLETON LANE BETHESDA MD 20614 (38160) GREENBERG ELLEN ELIZABETH 6600 10-37-0-E BREWSTER TOWN OF 0 SLOUGH ROAD REAR 2198 MAIN STREET BREWSTER MA 02631 (38-124) CONSERVATION COMMISSION 6602 10-51-04 BREWSTER TOWN OF 0 SLOUGH ROAD 2198 MAIN STREET BREWSTER MA 02831 (38-128) CONSERVATION COMMISSION 6535 10-5244 BREWSTER TOWN OF 0 SLOUGH ROAD 2198 MAIN STREET BREWSTER MA 02831 (3847) CONSERVATION COMMISSION 6601 10-53-0-E BREWSTER TOWN OF 0 SLOUGH ROAD 2198 MAIN STREET BREWSTER MA 02631 (38-125) CONSERVATION COMMISSION Certified by: g ---- 7/41?-r5 --- James M. Gallagher, MM Deputy Assessor 3/312021 Peas 2 AK IMAGES OF 0 & 34 MAMMON CARTWAY SEASONAL PIER LOCATIONS Black Pond and Long Pond, Brewster JANUARY 2021 Figure 1 – View west of the Black Pond dock to be replaced with seasonal Alumidock in same location Figure 2 – View of the path to the Black Pond dock Figure 3 - View north of the Long Pond dock location Figure 4 – View east of the path / slab steps to the Long Pond seasonal dock location. Stakeholder Outreach Vision Plan Implementation Progress The Vision Planning Committee is tracking what has been done to achieve the goals of the Vision plan. We are interested in identifying actions that have been taken that will help achieve the goals and purposes including but not limited to the actions that are identified in the Vision Plan. This interview will help the Committee start to track actions that have been taken or are in progress and we will ask for another interview in about six months. From this, we will produce an annual Vision Plan implementation report that will be presented to the Select Board and broader Brewster community. At the same time, the Vision Planning Committee is working on the development of a Local Comprehensive Plan which will build on the Vision Plan and include a targeted action plan. The goal and purposes of the each building block have been provided to help facilitate the following Q&A conversation. Question 1: Since adoption of the Brewster Vision Plan in 2018, has your (organization/department) seen specific progress on the goals of the Vision Plan for (insert Building Block, i.e Water Resources). What specific actions have been taken or are in progress? Question 2: What do you attribute to the successful implementation of specific goals and actions? For goals and actions that have seen less progress, what have been the barriers to implementation? Question 3: Since the adoption of the Vision Plan, has there been a shift in the priority of specific actions from the Vision Plan? What kind of shift? Are there actions or items that were not in the Vison Plan but that should be included in a Local Comprehensive Plan to achieve the same or similar goals Question 4: How have Climate Change considerations altered or been integrated into what your (organization/department) does? To what extent should Climate Change related goals and actions receive priority status in the Comprehensive Plan’s targeted action plan? Question 5: Do you have any specific recommendations for the Vision Planning Committee as they work toward Vision Plan implementation and development of the Local Comprehensive Plan for Brewster? Coastal Management 8 TOWN OF BREWSTER VISION PLAN • 2018 GOAL: In the context of coastal change, preserve and protect Brewster‘s coastal resources and expand public access PURPOSE 1 Protect coastal resources in ways that preserve coastal ecosystems and habitats and the character of the town and coastal neighborhoods 1.Develop a town-wide Coastal Resource Management Plan based on science and best practices, with a focus on soft solutions, protecting habitat, and managing stormwater run-off. 2.Consider best practices for minimally invasive infrastructure such as boardwalks, parking set back from sensitive areas, and the use of permeable materials for parking areas. 3. Implement the Brewster Coastal Adaptation Strategy for the Town’s public beaches and landings, including engaging citizens before coming up with specific plans. PURPOSE 2 Maintain and expand public access for all through public consensus and explore alternate modes of transport and access points 1.Explore alternate transport methods including shuttles or trolleys from remote parking areas, and additional bike and walking paths. 2. Expand beach access to new areas such as Wing Island and the state beach between Linnell and Crosby landings. Investigate purchasing or developing agreements to use other areas. PURPOSE 3 Adapt to climate change projections and advance adap tation and resiliency techniques that are financially and environmentally sustainable 1.Identify techniques such as living shorelines, nourishment from dredged material, and land acquisition for retreat locations to adapt to coastal change. 2. Provide outreach and education (signs, field trips, publica- tions) to build awareness of citizens and decision makers about the nature of coastal change. Examples of stakeholders • Conservation Commission • Coastal Committee • Department of Natural Resources, Department of Public Works • Coastal property owners, Brewster Assoc. of Part-Time Residents • Town Planner, Planning Board • Police, Fire Departments • Business leaders, Chamber of Commerce, Aquaculture grant holders • Other Cape and coastal towns • State and Federal agencies: Environmental Protection Agency, Department of Environmental Protection • Cape Cod Museum of Natural History Page 1 of 5 BREWSTER VISION ADVISORY GROUP SUMMARY PAPER COASTAL MANAGEMENT OCTOBER 2017 I.Background Brewster’s residents recognize the importance of the Town’s coastal resources to both residents and visitors. They provide access to a range of summer and year-round activities, including swimming, boating, commercial and recreational shellfishing, walking on the flats, watching sunsets, and other recreational activities. In the visioning process, the Town’s north shore beaches were identified as the second most important treasure, and directly linked to the highest ranked treasure, the overall character of the Town. Town residents want to preserve and expand access to the shoreline while also preserving and protecting the natural resources that make the coast so special. The Town’s public access points are threatened by storms, which can damage both the beaches and their access points, and by the increasing impacts of climate change. Recent northeasters have damaged parking areas and eroded the coastal dunes and beaches in some of these locations, prompting improvements to the Paine’s Creek and Breakwater Landing facilities in the last five years. Concerns over the planning for these improvements led to the creation of the Brewster Coastal Advisory Group and the development of the September 2016 Coastal Adaptation Strategy to address future management of Brewster’s shoreline using a set of guiding principles developed by the Coastal Advisory Group. The Brewster Coastal Committee is now charged with implementing the proposed strategy through the development of a Coastal Resource Management Plan. The plan will provide specific recommendations on improving and protecting coastal access incorporating the guiding principles and employing a robust public involvement process to help refine specific plans. Current Status of Brewster’s Beaches and Coastal Access The Town owns 11 access points to the beach (landings): 10 beaches with public parking areas, and one additional public beach with no public parking (Wing Island). Figure 1 shows the locations of the 11 Town landings along the 7 miles of Brewster shoreline. The Town is heavily involved in maintaining and increasing access to existing facilities. A number of these landings are important for access to private beaches and the Town’s aquaculture sites as well as for emergency vehicles. Page 2 of 5 Figure 1: Town of Brewster public landings From an access standpoint, the Town maintains 349 parking spots across all landings, including 16 dedicated handicap parking spaces. During the summer season the Town installs bike racks at all landings with public parking, and small anchorages and kayak racks at some of the landings. Unfortunately, during summer peak season, demand can be greater than the available access, and additional parking opportunities are limited. The beaches and their access points are vulnerable to erosion from coastal storms, and require frequent maintenance and investment by the Town. Impacts to the landings are expected to increase over time due to rising sea levels and the potential for stronger, more frequent storms. In response, the Town is adapting to recurring and increasing erosion and storm damage through retreat, such as at the Paine’s and Breakwater Landings where pavement was moved further from the ocean edge. Report on Trends The closest NOAA tidal gage with the longest available record (Boston ID 8443970) illustrates an increase in relative mean sea level of 2.81 millimeters (0.11 inches) annually, and indicates that the annual rate of sea level rise is increasing. When taking into account additional factors such as expected ocean warming and ice sheet loss, global sea level rise scenarios adjusted to local tidal gauge information indicate the potential for 1-, 2-, and 4-feet of sea level rise in the next 20-, 40, and 60-year time frames. Extensive sections of the Town’s seven miles of coast have historically and recently been exposed to storm surge impacts, including dune washover, flooding, and significant erosion. A 2015 sediment budget evaluation by the Center for Coastal Studies indicates that sediment is transported eastward from Dennis to Orleans along the Brewster coastline, and that while Page 3 of 5 within the Town of Brewster overall, sediment deposition dominates over erosion, most of the sediment deposition has occurred offshore rather than along the shoreline. The study also demonstrated that not only have the tidal flats largely kept pace with sea level rise from the 1930s to the present, but in some areas have been increasing in size. However, a significant acceleration of sea level rise is expected during the present century, and it is not clear if the tidal flats will remain exposed at low tide under future sea level rise scenarios. These existing and future coastal and climate processes indicate that Brewster’s coastal resources are under threat. Therefore, the Town is faced with the challenge of accommodating access to its coastal resources, which is impacted and potentially reduced by coastal and climate processes such as erosion and increasing sea levels. Ongoing development and redevelopment of existing properties along the shoreline is also a concern. Climate impacts create increased pressure to armor the shoreline with seawalls, fences and other measures to prevent erosion of the coastal bank. While they may forestall erosion in the immediate area of the property, they adversely impact other areas that rely on the movement of sand and sediments along the coast. Recent Actions by the Town The Town turned to its residents in the form of a beach access survey and the development of a consensus-based coastal adaptation strategy to identify priorities and principles for future action. In addition, the Town continued to seek improvements to its existing coastal resources, including its wetlands, which provide flooding and storm protection to the Town. In January 2016, the Town launched its online Coastal Beach Access Survey targeting both taxpayers and visitors, and resulting in a 28% response rate. A few important results from this survey are summarized here, and additional results are available in both the survey report, and the Coastal Adaptation Strategy. Over 80% of respondents rated their experience visiting Brewster’s coastal beaches as excellent or good. People value the tidal flats, the natural setting of beaches and surrounding areas, the wildlife and untouched beauty, and the lack of commercial development. Survey results confirmed broad support for the Town’s coastal resources among all age groups and resident status. The Town’s Coastal Advisory Committee developed a Coastal Adaptation Strategy using a consensus-based approach designed to address key community vulnerabilities, issues, and priorities and to identify the community’s preferred adaptation strategies. It is intended to lay the groundwork for future discussions and the development of an implementation plan, and set the stage for the legal and regulatory changes that are likely to be necessary to implement adaptation approaches. In parallel, the Town also sought public input on other public amenities (e.g., bikeability), and supported the Bikeways Committee in developing a Comprehensive Brewster Bike Strategy that could complement the Coastal Adaptation Strategy. Page 4 of 5 In addition to beaches, the Town seeks to protect all of its coastal resources. This includes the Crosby Salt Marsh where the Town sponsored a wetland restoration project designed to increase tidal flushing currently restricted by a culvert crossing on Crosby Lane. The design and permitting for the project is complete, and the project is awaiting construction. Also at Crosby Landing, the Town has added 110 parking spaces. II.Key Issues Moving Forward The completion of the Coastal Resource Management Plan will help guide the management and protection of Brewster’s shoreline. Issues for consideration in the development of the plan include: •The ongoing planning and adaption needed to address sea level rise and extreme storm events associated with climate change. •Alternative access options. During the development of the Coastal Adaptation Strategy, the Town recognized that additional parking was only one option to provide greater access to the shoreline. A shuttle bus could be used to transport people to the beach, and the creation of bike lanes and bike racks could encourage people to bike instead of drive to the beach. •Coordination with the state regarding access through state owned property north of Nickerson State Park. There may be opportunities to provide additional access to the beach between Linnell and Crosby Landings, minimizing impacts on these two landings. As discussed in the Strategy, ongoing public input and involvement is essential to finalizing the recommendations in the Coastal Resource Management Plan. III.Discussion and Draft Goals Discussion items •What are the appropriate strategies for addressing future development and re- development under the planning scenarios included in the Strategy? •What is the best approach to providing increased, safer access to Brewster’s shoreline while preserving the area’s natural resources and minimizing disruption to surrounding neighborhoods? •How can the Coastal Committee best involve the public in the ongoing development of the Coastal Resource Management Plan? •What other coastal management issues should the Town consider? Draft Vision Goal Goal: Preserve and protect Brewster‘s coastal resources and expand public access. Page 5 of 5 Purposes: 1.Protect coastal resources in ways that preserve coastal ecosystems and habitats, and the character of the Town and coastal neighborhoods 2.Maintain and expand public access for all through public consensus and explore alternate modes of transport and access points 3.Adapt to projections of climate change and advance climate adaptation and resiliency techniques that are environmentally and financially sustainable Taking Action Turning the Plan into action The Vision Plan is intended to be a living document, guiding the near- and long-term decisions on which our community’s future is built. Therefore, it is imperative that the goals guide actions of Town government and community organizations and that the relevant stakeholders play their part in implementing the actions presented in the Plan. Implementation will involve figuring out the details and making the actions work in the context of town capacity, financial and fiscal constraints, and the legal framework for town action. Overall, the Select Board, Town Boards and Committees, and citizens through Town Meeting will oversee turning the Plan into action. Implementation will be most effective if there is a true partnership between town government and the community to assure that the goals laid out in the Plan are reached. What the community can do to promote the implementation of the Vision Plan. TOWN GOVERNMENT Adopt the Vision Plan as a formal action of the Select Board and assign responsibility for implementation. Communicate the Vision Plan, including important milestones and progress towards implementation through a variety of traditional and innovative vehicles. Make the Vision Plan a guide for policymaking and town decisions (budgeting, town warrant articles, town mission statement). Engage Town department heads and town staff to take owner- ship of the Vision Plan and integrate it into their daily work and future plans; restructure and reorganize staffing as needed. Create a Vision Implementation Committee to shepherd and oversee implementation and to keep the Vision Plan in the forefront of Town priorities, including ongoing stakeholder involvement. COMMUNITY ORGANIZATIONS Embrace the Vision Plan, organize meetings and other communications to build awareness and understanding about the Vision Plan. Use the Vision Plan to guide organizational plans, take on Vision Plan projects related to organizational mission for implementation or collaboration with Town. Help foster two-way communication with the Town, organize meetings and other forms of communication to educate people about issues and provide feedback. CITIZENS Work together to create a culture of engagement, talk with friends and neighbors, make a difference. Act, vote, attend meetings. Get involved in a Vision Plan issue, volunteer. TOWN OF BREWSTER VISION PLAN • 2018 13 Stakeholder Outreach Vision Plan Implementation Progress The Vision Planning Committee is tracking what has been done to achieve the goals of the Vision plan. We are interested in identifying actions that have been taken that will help achieve the goals and purposes including but not limited to the actions that are identified in the Vision Plan. This interview will help the Committee start to track actions that have been taken or are in progress and we will ask for another interview in about six months. From this, we will produce an annual Vision Plan implementation report that will be presented to the Select Board and broader Brewster community. At the same time, the Vision Planning Committee is working on the development of a Local Comprehensive Plan which will build on the Vision Plan and include a targeted action plan. The goal and purposes of the each building block have been provided to help facilitate the following Q&A conversation. Question 1: Since adoption of the Brewster Vision Plan in 2018, has your (organization/department) seen specific progress on the goals of the Vision Plan for (insert Building Block, i.e Water Resources). What specific actions have been taken or are in progress? Question 2: What do you attribute to the successful implementation of specific goals and actions? For goals and actions that have seen less progress, what have been the barriers to implementation? Question 3: Since the adoption of the Vision Plan, has there been a shift in the priority of specific actions from the Vision Plan? What kind of shift? Are there actions or items that were not in the Vison Plan but that should be included in a Local Comprehensive Plan to achieve the same or similar goals Question 4: How have Climate Change considerations altered or been integrated into what your (organization/department) does? To what extent should Climate Change related goals and actions receive priority status in the Comprehensive Plan’s targeted action plan? Question 5: Do you have any specific recommendations for the Vision Planning Committee as they work toward Vision Plan implementation and development of the Local Comprehensive Plan for Brewster? TOWN OF BREWSTER VISION PLAN • 2018 5 Water Resources GOAL: Protect Brewster’s fresh water system to preserve high quality drinking water and maintain or improve the health of our ponds and marine watersheds. PURPOSE 1 Protect town wellfields by expanding open space acquisition and other measures 1. Identify and purchase more open space in critical areas around town wellfields and pursue other land preservation actions, such as promoting conservation restrictions and tax incentives for individual property owners and placing conser- vation restriction protections on town-owned land such as the golf course, to protect groundwater. 2. Develop and/or expand public education and outreach by the town and by individual town boards and committees regarding threats to drinking water supplies, such as hazardous materials, “contaminants of emerging concern”and other pollutants. 3. Pursue improvements to residential and industrial zon- ing/regulations in Zone II areas that will strengthen groundwater protection. 4. Examine and, where needed, improve coordination between town committees on water quality protection issues and actions. PURPOSE 2 Improve pond water quality through public education, regulation, and mitigation activities 1. Encourage and promote a comprehensive public education program targeting homeowners, schoolchildren and visitors. This pond protection program would address issues such as fertilizer use, landscaping best practices, septic systems, storm water management and contaminants of emerging concern. 2. Implement existing town stormwater management requirements and up-date the stormwater management program to mandated standards to eliminate road runoff to ponds. 3.Consider adopting more effective septic regulations around ponds. Explore fund- ing options for individual property owners for more restrictive and costly regulatory requirements for septic treatment/placement due to their proximity to ponds. PURPOSE 3 Protect the water quality of the town’s marine watersheds 1.Expand requirements for advanced wastewater treatment systems for commer- cial and residential development in sensitive marine watersheds; the town should set an example by proactively upgrading all municipally-owned structures/proper- ties to include advanced wastewater treatment systems. 2.Identify and preserve land within marine watersheds as well as protect/restore beneficial coastal resource areas such as salt marshes in order to protect marine water resources. 3.Study possible improvements to existing regulations, such as stormwater regulations, and adopt and enforce stricter regulations on coastal development that will help reduce impacts to marine water quality. Examples of stakeholders • Water Department and Board of Health • Conservation Commission and Department of Natural Resources • Department of Public Works • Planning Department and Town Planner • Brewster Ponds Coalition • Pleasant Bay Alliance • Brewster Conservation Trust • Barnstable County Health Dept. and Cooperative Extension • Neighborhood Associations • Brewster Assoc. of Part Time Residents • Protect Our Cape Cod Aquifer Page 1 of 5 BREWSTER VISION ADVISORY GROUP SUMMARY PAPER WATER RESOURCES OCTOBER 2017 I.Background Brewster residents value the Town’s water resources and recognize that they are an integral part of the community’s character. In the visioning workshops, residents especially identified Brewster’s fresh water ponds as important assets to the Town for their aesthetic and recreational values. Residents also recognized the importance of clean drinking water and the relationships between protecting open space and preserving water quality throughout the town. Over the last 40 years, the Town has made a concerted effort to protect groundwater quality. The Town has purchased significant areas of open space to protect the Town’s ponds and drinking water, particularly in the zones of contribution to its six municipal wells. The Town has also developed land use management policies and regulations to prevent development activities from harming water resources. In particular, in 2008 the Brewster Water Protection District of Critical Planning Concern was designated for the town’s Zone II areas—the areas from which town wells potentially draw groundwater—and the town’s portion of the Pleasant Bay watershed, which resulted in the adoption of water protection regulations in 2009, including the Natural Resource Protection District. In 2015, the Town completed an Integrated Water Resource Management Plan (IWRMP), and since that time has been working to implement the recommendations from that plan related to ponds, coastal estuaries and stormwater. Current Status of Brewster’s Water Resources The Town’s drinking water is consistently excellent and has won two awards from the New England Water Works Association as the best tasting water in New England. Approximately forty percent of the land area that contributes water to the Town’s drinking water wells is protected open space. Nitrogen concentrations in the Town’s water supplies are consistently below 0.5 mg/L, well below the federal standard of 10 mg/L and a direct result of the limited Page 2 of 5 development in the vicinity of the wells. However, developed land uses (housing, industrial uses) without proper management may threaten the quality of drinking water. There are about 80 fresh water ponds in Brewster. Five of these ponds have excellent water quality while approximately 15 are classified as impaired (See Figure 1). The impairments relate to nutrient inputs, predominantly phosphorus, which contribute to excess algae growth in the ponds. Phosphorus enters the ponds from septic systems, stormwater runoff, and fertilizers applied to lawns, gardens, and agricultural areas. Portions of Brewster lie within the watersheds to Pleasant Bay and Herring River. Nitrogen inputs from septic systems, stormwater, and fertilizers within Brewster have contributed to water quality impairments in these estuaries. While the Town has little or no access to these coastal resources, the Town has an obligation to reduce nitrogen inputs to support the restoration of the estuaries. Brewster needs to reduce its nitrogen load to the bay by approximately 4,800 pounds per year. Approximately forty percent of that load reduction has been accomplished by changes in fertilization practices at the Captains Golf Course. The IWRMP states: Page 3 of 5 “The level of nitrogen reduction required within Brewster can most likely be managed without the need for a full-scale centralized treatment facility. Second, the management of the Captains Golf Course over the last 6-8 years has significantly reduced the amount of fertilizers applied to the course, and this action will minimize the extent of nitrogen treatment needed for wastewater systems within the watershed. “ For Herring River, there is no need to reduce the current nitrogen inputs, but future inputs from increased development will need to be managed. Recent Actions by the Town The Town continues to actively manage its water resources. Specific actions related to the implementation of the IWRMP and other Town initiatives are summarized below: Drinking Water Protection The Town, in collaboration with the Brewster Conservation Trust, continues to actively pursue open space preservation in the wellhead protection areas that contribute water to the Town’s wells. In addition, the Town worked with the Cape Cod Commission to adopt a District of Critical Planning Concern and developed implementation regulations, including the Water Quality Protection Bylaw designed to minimize the impacts of development on groundwater quality. The Town’s Water Quality Review Committee is charged with implementing this Bylaw as well as overseeing other water quality issues that impact groundwater. Fresh Water Ponds The Town developed a Water Resource Atlas for 43 of the fresh water ponds in Brewster. The atlas highlights the sensitive areas around each pond, including the surface watershed, the area contributing groundwater to each pond, and the septic system buffer around each pond http://www.horsleywitten.com/brewsterIWRMP/maps.html. The atlas allows residents to understand the land use around each pond that affects water quality. The Mill Ponds Management Plan developed by the University of Massachusetts School for Marine Science and Technology (2014) provides an overall strategy for the restoration of Walker’s Pond, Upper Mill Pond, and Lower Mill Pond, including recommendations for weed harvesting in Walker’s Pond and an alum treatment in Upper Mill Pond to trap phosphorus in the sediments on the pond bottom. In July, 2017, the Town purchased a weed harvester for Walker’s Pond that was used for the first time in August, removing approximately 5,000 lbs. of Page 4 of 5 weeds. The harvester will be used each year in Walker’s Pond, and is available for use in other Town ponds. A Notice of Intent for an alum treatment in Upper Mill Pond was granted in September, 2017, with the treatment possibly planned for 2018 or 2019. There continues to be public discussion about treatment options. The Town is working to develop a regulation to require the upgrade of septic systems in close proximity to ponds in Brewster; those within 300 feet of the pond on the upgradient side and 100 feet on the downgradient side of each pond. The Ponds Atlas has been invaluable to developing this watershed-specific management strategy. A pilot test of shallow, soil-based leaching fields is currently underway to confirm the phosphorus removal that they provide. The pilot test will be used to finalize the design requirements in the proposed regulation. Coastal Estuaries Brewster is working with Orleans, Chatham, and Harwich to develop a watershed permit to manage the restoration of Pleasant Bay. Brewster plans to take advantage of a new septic system leachfield design to reduce nitrogen inputs to the Bay and meet the Town’s restoration goal. The leachfield is currently being tested at the Massachusetts Septic System Test Center and uses sawdust or wood chips in the soil below the leachfield to remove nitrogen. A general bylaw or health regulation will be developed to require the use of these systems in the Pleasant Bay and Herring River Watersheds, likely for both existing and future development. Stormwater Management The Planning Board has developed a draft stormwater management bylaw and associated regulations to improve how stormwater is managed across Brewster. These regulations will help insure that stormwater is treated prior to discharge, using best management practices to treat for nitrogen and phosphorus as well as minimized sediments that could drain into nearby surface waters. The Town plans to work towards revising and implementing these regulations over the next year. II.Key Issues Moving Forward Continued implementation of the Integrated Water Resources Management Plan includes the following actions: •Continued implementation of the Mill Ponds Management Plan including ongoing weed harvesting, completion of the Upper Mill Pond alum treatment and ongoing water quality monitoring; •Completion of the septic system pilot test for phosphorus treatment and implementation of the proposed regulation for pond-side properties; Page 5 of 5 •Additional pond specific studies to identify appropriate restoration plans; •Coordination with the Brewster Ponds Coalition to increase the public’s understanding of the solutions to protect and restore ponds; •Implementation of stormwater management regulations to minimize water quality impacts to groundwater, ponds and coastal waters; •Coordination with the Pleasant Bay Alliance on the restoration of Pleasant Bay; and •Development of a financing plan to support these actions. Discussion and Draft Goals Discussion items: •Water protection strategies support the Town as a whole but often impact specific property owners adjacent to a pond or within a coastal watershed. Who should pay for necessary actions to protect water quality? Should the Town finance these options, should the homeowner, or a combination of both? •What other water resource issues or concerns should the Town address? III.Draft Vision Goal Goal: Protect Brewster’s fresh water system to preserve high quality drinking water and maintain or improve the health of our ponds and marine watersheds Purposes: 1. Expand the open space protection around the Town well-fields 2. Improve pond water quality through public education, regulation, and mitigation activities 3. Protect the water quality of the town’s marine watersheds Taking Action Turning the Plan into action The Vision Plan is intended to be a living document, guiding the near- and long-term decisions on which our community’s future is built. Therefore, it is imperative that the goals guide actions of Town government and community organizations and that the relevant stakeholders play their part in implementing the actions presented in the Plan. Implementation will involve figuring out the details and making the actions work in the context of town capacity, financial and fiscal constraints, and the legal framework for town action. Overall, the Select Board, Town Boards and Committees, and citizens through Town Meeting will oversee turning the Plan into action. Implementation will be most effective if there is a true partnership between town government and the community to assure that the goals laid out in the Plan are reached. What the community can do to promote the implementation of the Vision Plan. TOWN GOVERNMENT Adopt the Vision Plan as a formal action of the Select Board and assign responsibility for implementation. Communicate the Vision Plan, including important milestones and progress towards implementation through a variety of traditional and innovative vehicles. Make the Vision Plan a guide for policymaking and town decisions (budgeting, town warrant articles, town mission statement). Engage Town department heads and town staff to take owner- ship of the Vision Plan and integrate it into their daily work and future plans; restructure and reorganize staffing as needed. Create a Vision Implementation Committee to shepherd and oversee implementation and to keep the Vision Plan in the forefront of Town priorities, including ongoing stakeholder involvement. COMMUNITY ORGANIZATIONS Embrace the Vision Plan, organize meetings and other communications to build awareness and understanding about the Vision Plan. Use the Vision Plan to guide organizational plans, take on Vision Plan projects related to organizational mission for implementation or collaboration with Town. Help foster two-way communication with the Town, organize meetings and other forms of communication to educate people about issues and provide feedback. CITIZENS Work together to create a culture of engagement, talk with friends and neighbors, make a difference. Act, vote, attend meetings. Get involved in a Vision Plan issue, volunteer. TOWN OF BREWSTER VISION PLAN • 2018 13 KP Law, P.C. | Boston • Hyannis • Lenox • Northampton • Worcester February 10, 2021 Jonathan M. Silverstein jsilverstein@k-plaw.com CONFIDENTIAL - NOT A PUBLIC DOCUMENT Mr. Peter Lombardi Town Administrator Brewster Town Hall 2198 Main Street Brewster, MA 02631-3701 Re: Punkhorn Parklands Hunting Prohibition Bylaw Dear Mr. Lombardi: You have requested an opinion regarding a potential Town Meeting warrant article under consideration concerning hunting on Punkhorn Parklands (the “Parklands”). Specifically, you have informed me that ten or more registered voters are considering petitioning an article for the 2021 Annual Town Meeting warrant that would prohibit hunting on the Parklands, and you have requested an opinion as to the form of such an article whether Town Meeting has the authority to pass an article to that effect. It is my understanding that, at the request of several residents, the Conservation Commission and Department of Natural Resources recently took steps, in consultation with the Select Board, to expand hunting on the Parklands on a limited basis. A separate group of residents has now requested that a warrant article to prohibit hunting on the Parklands be presented to the upcoming Town Meeting. A member of the citizen group seeking to prohibit hunting on the Parklands has suggested the Town adopt a bylaw similar to that recently approved by the Provincetown Town Meeting.1 As described below, in my opinion, Town Meeting likely has the authority to pass a bylaw prohibiting hunting on public property, such as the Parkland. 1 At its September 21, 2020 Annual Town Meeting, Provincetown voters approved the following amendments to Chapter 13 of the Provincetown General Bylaws: No person shall discharge any gun, including paint ball guns, fowling piece, pistol, or firearm or release an arrow from a bow or hunt or trap or poison or set fire to any material known as fireworks, or other combustible matter, in any of the public ways, streets or places of the Town, including but not limited to conservation land or other Town owned property, except for lands under control of the Cape Cod National Seashore and Clapp’s Pond Property; except on such occasions approved by the Select Board upon public notice; provided, however, this section shall not apply to any person abating nuisance or in the exercise of duty required by law. Mr. Peter Lombardi Town Administrator February 10, 2021 Page 2 Legal Background Town Meeting is the Town’s legislative body, and the Select Board is its chief executive. Brewster General Bylaws, §§5-2 (Town Meeting is legislative branch) and 5-3 (Select Board serves executive function); see generally Twomey v. Town of Middleborough, 468 Mass. 260, 263 (2014). As such, Town Meeting may not exercise executive powers or direct, compel, or control executive action. See Anderson v. Board of Selectmen of Wrentham, 406 Mass. 508, 512 (1990); Breault v. Town of Auburn, 303 Mass. 424, 428 (1939). Town Meeting cannot direct or control “one whose duties have been defined by the Legislature.” Breault, 303 Mass. at 428 (quoting Daddario v. City of Pittsfield, 301 Mass. 552, 558 (1938)). “More specifically, a town meeting cannot exercise authority over a board of selectmen when the board is acting in furtherance of a statutory duty.” Twomey, 468 Mass. at 270. However, as the legislative body, Town Meeting may enact bylaws that direct public officials to act or refrain from acting in certain circumstances. Under the Home Rule Amendment to the Massachusetts Constitution, Article 89 of the Articles of Amendment, and the Home Rule Procedures Act, G.L. c. 43B, §13, municipalities may enact local bylaws on any subject so long as the local enactment is not inconsistent with the laws or constitution of the Commonwealth. See generally Bloom v. City of Worcester, 363 Mass. 136 (1973). A local law may be inconsistent with state law if it is in direct conflict with the state law, or if the Legislature has so occupied a field that local regulation has been implicitly preempted. See id. at 279-280. However, to be preempted, the conflict in the state and local law must be “sharp,” and absent a comprehensive statutory scheme regulating a subject, municipalities “through their by-laws may supplement the statutory provisions so long as their by- laws are not inconsistent with any State law.” Marshfield Family Skateland, Inc. v. Town of Marshfield, 389 Mass. 436, 442 (1983) (town may prohibit an activity notwithstanding state statute allowing local licensing board to issue licenses for that activity). As relevant to both issues described above, hunting on public property and parklands is prohibited under G.L. c. 131, §59 unless the public body with custody of the property permits it. Specifically, said Section 59 provides: A person shall not hunt, or in any manner molest or destroy, any bird or mammal within the boundaries of any reservation, park or common, or any land owned or leased by the commonwealth or any political subdivision thereof, or any land held in trust for public use; except that the authorities or persons having the control and charge of such reservations, parks, commons or other lands, may, with such limitations as they deem advisable, permit the hunting, within said boundaries during the applicable open season of any birds or mammals. [Emphasis added.] Mr. Peter Lombardi Town Administrator February 10, 2021 Page 3 Analysis In my opinion Town Meeting likely has the authority to adopt a bylaw, similar to the one approved by the Provincetown Town Meeting, which prohibits hunting on public ways, conservation land, or other Town property, because that is a proper legislative action. Although the bylaw approved at the Provincetown Town Meeting is still under review at the Office of the Attorney General, I note that similar bylaws have been approved in other communities, such as Norfolk, Canton and Needham. In fact, in approving similar portions of a bylaw enacted by the Town of Norfolk, the Attorney General specifically found that a bylaw prohibiting hunting on Town-owned land without the permission of the Board of Selectmen was consistent with G.L. c. 131, §59. As observed by the Attorney General, it is my opinion such a bylaw is not inconsistent with State law and, in fact, the regulation of hunting on public lands is expressly allowed pursuant to G.L. c. 131, §59. It is, likewise, my opinion that the fact that the property may be held by the Town for conservation purposes does not alter this conclusion. Though the Conservation Commission has jurisdiction over conservation lands in the Town, it is my opinion that Town Meeting, through the passage of a bylaw, may exercise concurrent jurisdiction in this area. See Globe Newspaper Co. v. Beacon Hill Architectural Commission, 421 Mass. 570 (1996) (recognizing that different departments in same municipality may have jurisdiction over related subject-matter). Therefore, in my opinion, that Town Meeting likely has the authority to enact a bylaw prohibiting hunting on Town-owned land, including the Parklands. I will inform you as soon as the Attorney General’s Office approves or disapproves the Provincetown Bylaw. If that bylaw is disapproved, the Town could consider a home rule petition for special legislation to authorize adoption of the bylaw. If you have any additional questions concerning these issues, please do not hesitate to contact me. JMS/MVS/man 750276/BREW/0001 Very truly yours, Jonathan M. Silverstein I TO: 4 J.M. O'Reilly & Associates, Inc. Engineering & Land Surveying Services 1573 Main Street, 2nd Floor, P.O. Box 1773 Brewster, MA 02631 (508) 896-6601 Fax (508) 896-6602 Conservation Commission 411111111111111111, Shipping Method: Regular Mail Certified Mail Priority Mail Express Mail El El Federal Express UPS Pick Up Hand Deliver DATE: 03/09/2021 REGARDING: 68 Ocean St., Unit 7 Brewster LETTER OF TRANSMITTAL SE 9-1479 JOB NUMBER: 6163A COPIES DATE DESCRIPTION 1 3/9/21 Request for Certificate of Compliance SE 9-1479 (Cover Letter, WPA Form 8A-2 copies, Photographs) 1 3/5/21 Stamped Original As-Built Plot Plan 1 3/9/21 Check # 10850 for $100.00 Application Fee For review and comment: Ti REMARKS: CC: John M. O;Reilly, P.E., P.L.S. Client MA DEP (SERO) For approval: As Requested: For your use: From: JMO/ak If enclosures are not as noted, kindly notify us at once Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. ,-X. Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A - Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: SE 9-1479 Provided by DEP A. Project Information 1. This request is being made by: The Monomoy Group c/o Justin Blair Name P.O. Box 111 Mailing Address Chatham MA City/Town State 508-945-0460 02633 Zip Code Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Benjamin & Jennifer Gannett Applicant 02/17/2010 SE 9-1479 Dated DEP File Number 3. The project site is located at: 68 Ocean Street, Unit 7 Brewster Street Address 90 Assessors Map/Plat Number City/Town 45 Parcel/Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for: Property Owner (if different) Barnstable 26936 225 County Book Page Certificate (if registered land) 5. This request is for certification that (check one): q the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. q the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). q the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc — rev. 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: SE 9-1479 Provided by DEP A. Project Information (cont.) Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? q Yes q No If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.govieea/agencies/massdep/abouticontacts/find-the-massdep-regional-office- for-your-city-or-town.html). wpaform8a.doc rev_ 5/29/14 Page 2 of 2 Coastal Beach OWNER OF RECORD Benjamin & Jennifer Gannett Deed Book 24716, Page 80 Assessors' Map 90, Parcel 45 Existing Dwelling Ridge EL.:33.4+ Dune -) Primary Dune Dune Bottom of Slope ---.. Sk°9 Slate Walkway Gra ve/ Parking and BENCHMARK: Top of CI Manhole Cover EL=22.3± (MSL 1929 NGVD Datum) G:\AA Jobs\The Mopnomoy Group6163 \6163A.FINAL AS-BUILT.dwg V Dune.- oT P of Dune 0,0 2 Kk BottO~{ Slop Existing Dwelling Ridge EL=47.2+ Existing Sewer Manhole Inlet El=19.6± Proposed to Match Existing FINAL AS -BUILT AT _6 OCEAN STREET, UNIT 7 BREW ER, MA PREPARED FOR GANNETT RESIDENCE 0 20 40 60 SCALE 1"= 20' MARCH 5, 2021 Drawn by: JMO JMO-6163A J.M. O'REILLY & AISSOCIATES, INC. 1573 Main Street, P.O. Box 1773 Professional Engineering & Surveying Services Brewster, MA 02631 (508)896-6601 Minn ePA•31-.4',:ai INA1 i ' r IMAGES OF CONSTRUCTION SITE – MARCH 11, 2021 313 NELSON STREET, BREWSTER, MA , DEP FILE NO. SE9-1862 Figure 1 – View of completed revetment segment – Textural variation is evident at west boundary Figure 2 – View north of the access route used for construction. Figure 3 – View west of the upland zone lawn / beach grass zone boundary. Deck and walkway in background. Figure 4 – Outfall pipe – Set within a larger diameter sleeve. Future renovation of the drain can utilize the sleeve avoiding revetment disruption. TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 ExT 135 FAX: (508)896-8089 CONSERVATION@TOWN.BREWSTER.MA.US ADMINISTRATIVE REVIEW FORM Owner/Applicant Name: NI Lso(A. g tam Wal Gt L Date:IZI Project Location: 1.0 Li CACAO - PO LAG( la I Map Parcel Mailing Address: goy CCAVtc)(-- 0 2-(423 Phone: -70 90q LVOV° Email / Fax: CA-li ukict16.Utilatit i k-Act. Contractor/Representative: MILL 0.01./14.0t, Phone: CO q Z • 303L-1 Other Contact Information (if necessary): PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) rcimooL aLod 6-ainch(i Wall co a Ift_ci --toudA w)Loc OFFICE OF CONSERVATION COMMISSION Office Use: Date Received: Fee Paid: DESCRIPTION OF RESOURCE AREA AFFECTED: (Coastal Bank, Land Subject to Flooding, Salt Marsh, Beach, Dune, Vegetated Wetland, Inland Bank, Lake. Pond, River, Stream, Bog, Swamp, etc.) 1. Site Access Authorization form is included? 2. Will the proposed work take place within 50 feet of any resource area? Y 3. Is excavation by machinery required? 4. Will there be disturbance to the ground? 5. Is removal of vegetation proposed? 6. Is regrading proposed? (Addition or removal of soil?) 7. Is tree removal proposed? • If so, how many? 8. Is pruning of trees proposed? - If so, please supply photo 9. Is planting proposed? - If so, please supply a plan including species (Di Y / 10.1s removal of poison ivy or other nuisance or invasive species proposed? Y / • If so, please explain on an additional sheet 11.1s the use of herbicides proposed? \HD For office use only: Site Inspection Date: Date Ratified: Additional Filing Required: Approval: Conservation Administrator Comments: WWW.TOWN.BREWSTER.MA.I IS THIS FORM IS VALID FOR 6 MONTHS FROM DATE RATIFIED ADOPTED: 5/19/2008 TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM Date: Marck A-0 Project: Location: ()Lt C-CA(40-L Po(Ad orLu( Property Owner: A ticSOLA 4-- IS natn Via lc: Um a 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: V\ • (A a Please Print Name: A ( l g-) 18-1A/1 CA k Date itf/Z--1 If other than owner, please state whether tenant, agent, or other: Mailing Address: Phone: Cell: Email: Fax: Revised. Nto 20HS TOWN OF BREWSTER BREWSTER, MA 02631 PHONE: 896-4546 CONSERVATION@BREWSTER-MA.GOV ADMINISTRATIVE REVIEW FORM Owner/Applicant Name: Michael Haicias Project Location: 560 Crowells Bog Rd, Brewster, MA 02631 Mailing Address: 560 Crowells Bog Rd, Brewster, MA 02631 Phone: (774) 238-0451 Email / Fax: mhaidas© gmail.com Office Use: Date Received: Fee Paid: Date: 3/4/2021 Map 72 Parcel 34 Contractor/Representative: Mason Tree Service Phone: (508) 430-2536 Other Contact Information (if necessary): PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) Removal of 3 unhealthy scrub pines that are leaning over deck and towards house that are at risk of damaging home and deck if knocked down by wind. DESCRIPTION OF RESOURCE AREA AFFECTED: (Coastal Bank, Land Subject to Flooding, Salt Marsh, Beach, Dune, Vegetated Wetland, Inland Bank, Lake, Pond, River, Stream, Bog, Swamp, etc.) Trees are located at a great vertical distance from Long Pond, but are within 100' line. 1. Site Access Authorization form is included? N 2. Will the proposed work take place within 50 feet of any resource area? Y / 3. Is excavation by machinery required? 4. Will there be disturbance to the ground? 5. Is removal of vegetation proposed? 6. Is regrading proposed? (Addition or removal of soil?) 7. Is tree removal proposed? • If so, how many? 8. Is pruning of trees proposed? - If so, please supply photo 9. Is planting proposed? - If so, please supply a plan including species 10.1s removal of poison ivy or other nuisance or invasive species proposed? • If so, please explain on an additional sheet 11.1s the use of herbicides proposed? For office use only: Site Inspection Date: Date Ratified: Additional Filing Required: Approval: Conservation Administrator Comments: 3 THIS FORM IS VALID FOR 6 MONTHS FROM DATE RATIFIED ADOPTED: 5/13/2008 II Date: TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM 3/Lfig-0 Project: RexADva) of 3 50..446 piAks leAfrul over de,k sup iyokt115 I Rc, 3eek05-1w, ox43) Location: Property Owner: MICI(cAel Pc4;01a5 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: Please Print Name: V ickCiel a9(5 Date: 3//o?/ If other than owner, please state whether tenant, agent, or other: Mailing Address: sG7 0 Get v4115 &i P). 8revis-ki; PIA oxii ) Phone: (?4`) OLK/ Cell: (F1 )35--0451 Email: rvill ; dOse _5114,21;1. COv1 Fax: Revised: May 2008 imageOjpeg I. of 1 https://mail.google.com/mail/u/0/ 3/8/2 1 , 2:57 PM i magel .j peg 1 of I https://mai I .google.com/mail/u/0/ 3/8/21, 2:57 PM image2jpeg https://mail.google.com/mail/u/0/ 1 of 1 3/R/21, 2:57 PN TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 135 FAX: (508) 896-8089 CONSERVATION@TOWN.BREWSTER.MA.US ADMINISTRATIVE REVIEW FORM Owner/Applicant Name: 41 -0 TI-e-e OFFICE OF CONSERVATION COMMISSION Office Use: Date Received: Fee Paid: Date: Project Location: 1 ( 6o)/nom T.P/74 ce Map Parcel Mailing Address: 7 kt € &IP pc-- or (ec, 4 _S5 Phone: cOR-2. Sc - 8-7 2, 5 Email / Fax: g Lid --Jaggantit CO Contractor/Representative: N.) 7- r -e -e 7-- Phone: cb8'-2__ S = 873 3 Other Contact Information (if necessary): PROJECT DESCRIPTION: (Attach additional pages if necessary. Include=oand a site plan if available.) ANA-- P rt/Le_ 4c"14-13 i‘utaer-J LAY R 0 6cide DESCRIPTION OF RESOURCE AREA AFFECTED: (Coastal Bank, Land Subject to Flooding, Salt Marsh, Beach, Dune, Vegetated Wetland, Inland Bank, Lake, Pond, River, Stream, Bog, Swamp, etc.) 1. Site Access Authorization form is included? 2. Will the proposed work take place within 50 feet of any resource area? 3. Is excavation by machinery required? 4. Will there be disturbance to the ground? 5. Is removal of vegetation proposed? 6. Is regrading proposed? (Addition or removal of soil?) 7. Is tree removal proposed? • If so, how many? 8. Is pruning of trees proposed? - If so, please supply photo 9. Is planting proposed? - If so, please supply a plan including species 10.1s removal of poison ivy or other nuisance or invasive species proposed? • If so, please explain on an additional sheet 11. Is the use of herbicides proposed? YY Y Y o/N Y For office use only: Site Inspection Date: Date Ratified: Additional Filing Required: Approval: Conservation Administrator Comments: WWW.TOWN.BREWSTER.MA.US THIS FORM IS VALID FOR 6 MONTHS FROM DATE RATIFIED ADOPTED: 5/19/2008 TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM Date: l( Project: Location: 1 2_7 7-(, (/ vii-e C e Property Owner: 11--e d -Ct`tv-ki 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: 3/ c/ 2- Please Print Name: 7-key)/ 4 If other than owner, please state whether tenant, agent, or other: ilijevel Mailing Address: Cory, DO (eciyi -4/1e-1 ) 6 3 Phone: co --'2 c - Email: > 2 t-e--e_-e z g ) et) (Thl Cell: Fax: C),E---)---/-(0 G Revised. May 2008 ii TOWN OF BREWSTER BREWSTER, MA 02631 PHONE: 896-4546 CONSERVATION@BREWSTER-MA.GOV THIS FORM IS VALID FOR 6 MONTHS FROM DATE RATIFIED ADOPTED: 5/13/2008 OFFICE OF CONSERVATION COMMISSION ADMINISTRATIVE REVIEW FORM Owner/Applicant Name: ________________________________________ Date: __________ Project Location: __________________________________________ Map_____Parcel_____ Mailing Address: _____________________________________________________________ Phone: _________________________ Email / Fax: _________________________________ Contractor/Representative: _______________________________ Phone: _______________ Other Contact Information (if necessary): __________________________________________ PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) _____________________________________________________________ ___________________________________________________________________________ DESCRIPTION OF RESOURCE AREA AFFECTED: (Coastal Bank, Land Subject to Flooding, Salt Marsh, Beach, Dune, Vegetated Wetland, Inland Bank, Lake, Pond, River, Stream, Bog, Swamp, etc.) ___________________________________________________________________________ 1. Site Access Authorization form is included? Y / N 2. Will the proposed work take place within 50 feet of any resource area? Y / N 3. Is excavation by machinery required? Y / N 4. Will there be disturbance to the ground? Y / N 5. Is removal of vegetation proposed? Y / N 6. Is regrading proposed? (Addition or removal of soil?) Y / N 7. Is tree removal proposed? Y / N  If so, how many? ____ 8. Is pruning of trees proposed? - If so, please supply photo Y / N 9. Is planting proposed? - If so, please supply a plan including species Y / N 10. Is removal of poison ivy or other nuisance or invasive species proposed? Y / N  If so, please explain on an additional sheet 11. Is the use of herbicides proposed? Y / N For office use only: Site Inspection Date: ____________________ Date Ratified: ________________ Additional Filing Required: ________________ Approval:____________________ Conservation Administrator Comments: Office Use: Date Received: Fee Paid: __________