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HomeMy Public PortalAbout2021 04 13 Public Meeting Packetex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 1 GRANTOR: The Compact of Cape Cod Conservation Trusts, Inc. GRANTEE: Town of Brewster, Conservation Commission ADDRESS OF PREMISES: 0 Squantum Path, Brewster, MA 02631 FOR GRANTOR’S TITLE SEE: Barnstable County Registry of Deeds Book __ Page __ FOR PLAN OF RECORD SEE: Barnstable County Registry of Deeds Plan Book 661, Page 40 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 4.3-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-BROWN 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 and natural character of Brewster and its protection will enhance the open-space value of the Premises as well as other protected open space parcels, including land-trust owned parcels immediately south and abuts the state’s Punkhorn Parklands to the north (835 acres). • Protection of Wildlife Habitat. The Premises contains Massachusetts Natural Heritage & Endangered Species Program (“NHESP”) Priority Habitat for Rare Species and Estimated Habitat for Rare Species. The Premise falls completely within BioMap2 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 falls within the Department of Environmental Protection’s Zone II Area of Contribution. • 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, and population. Open space provides habitat for the region’s diverse species and protection of the region’s drinking water supply” (p. 30); and, 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 ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 3 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. 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: • 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 values (collectively “Conservation Values”) of great importance to the Grantee and the people of Brewster and the Commonwealth of Massachusetts. 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 ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 4 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; (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) 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; ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 5 (10) Any other use of the Premises or activity which is inconsistent with the purpose of this 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 closer than one hundred (100) feet 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 Grantor reserves the right to install and maintain small signs with respect to hunting, trespass, identity of Grantor and Grantee, the protected conservation values (but specifically not any listed rare species), and similar signs, so long as such signage is consistent with the purposes of this Conservation Restriction; (6) 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, nature study, photography, sketching, painting, and other similar activities that do not conflict with the conservation values and that are permitted by law; ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 6 (7) Foot Trails. The right to create, modify, use (limited to such uses as described in this Paragraph II(B)), and abandon foot trails, provided that the Grantor provide notice to the Grantee prior to creating any new foot trails; (8) Right to Install Resting Benches on the Premises. The Grantor reserves the right to install on the Premises several resting benches, provided such installation causes no more than minimal disturbance on the Premises and does not impair the conservation values; (9) Use of Maintenance Vehicles. The right to use maintenance vehicles in the care of the Premises; (10) Unauthorized Vehicles & Dumping. With prior written approval of the Grantee, active measures in order to prevent unauthorized vehicle entry and dumping; (11) Road Improvement. The improvement of Squantum Path and Proprietor’s Way, as shown on Exhibit B, for safe vehicular passage and fire control, so long as they are not surfaced with impervious materials, relocated or otherwise altered from their historic rural character. (12) 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. (13) 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. (14) 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. ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 7 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 A. Legal and Injunctive Relief. The rights hereby granted shall include the right to enforce this Conservation Restriction 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 ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 8 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. 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. Access to and use of the Premises by the general public shall be at the discretion of the Grantor, but only for daytime use as described in Paragraph II(B)(6) 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 ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 9 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)(6). 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 Conservation 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 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. ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 10 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 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 ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 11 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 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 ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 12 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. 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 the 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: ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 13 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-BROWN 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-BROWN 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 8C of Chapter 40 and Section 32 of Chapter 184 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-BROWN 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 s/he signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: ex-BROWN 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-BROWN 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 4.3 acres, shown on a plan of land entitled “Plan of Land in Harwich & Brewster, MA Prepared for Jacob F. Brown II, Scale 1” = 80’ Date: 7-24-2015,” which is recorded with the Barnstable Registry of Deeds, Plan Book 661, Page 40. For Grantor’s title, see deed recorded at the Barnstable County Registry of Deeds, Book ___ Page ___. Town of Brewster Assessors: Map 41, Parcel 15. Street Address: 0 Squantum Path, Brewster, Massachusetts, 02631. ex-BROWN CONSERVATION RESTRICTION BREWSTER, MA 19 EXHIBIT B Reduced Copy of Plan of Premises For official full size plan see Barnstable County Registry Plan Book 661, Page 40 “Premises” Land Management Plan & Narrative 88 Route 6A, Suite 2B Sandwich MA 508.477.1346 info@crawfordlm.com WWW.CRAWFORDLM.COM PREPARED FOR 42 Warrens Road Brewster, MA DATE March 24th, 2021 2 3 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management PROJECT INTRODUCTION & GOALS This project is located at 42 Warrens Road in Brewster, adjacent to Cape Cod Bay and Freemans Pond. The proposed project scope includes the removal and re-construction of deck and patio spaces, replacement of asphalt driveway with lawn and gravel, ornamental plantings around the house and driveway areas, and extensive invasive species management and restoration of native species throughout the property. The entire property sits either within buffers (Both A and B Zones) from Bordering Vegetated Wetlands or From the top of a coastal bank. Part of the property is within flood zones (Land Subject to Coastal Storm Flowage), specifically, a VE Flood Zone (EL. 15). The coastal bank on the southern side of the property was determined by existing steepness of slope in conjunction with flood zone elevation 15, and the coastal bank on the western and northern sides of the property are not defined by slope, but by the location of flood zone elevation 15. Those western and northern coastal banks do not contribute sediment to the resource area(s). The purpose of this Land Management Plan and Narrative is to provide information, methods, and guidelines to eradicate invasive and non-native species, restore native plant communities, and to obtain permission to for the previously mentioned site imrovements. The proposed landscape plan will provide an overall decrease in total impervious surface area on the site, and will increase the quantity and diversity of native species within the naturalized areas. EXISTING CONDITIONS The property is currently developed, with the areas immediately surrounding the house consisting of deck, driveway areas, patio spaces, walkways, low retaining structures, ornamental plantings and lawn. The existing topography and layout of these developed spaces do not contribute to efficient and comfortable function. The construction and grading transitions within and between these spaces, as well as their configuration, make it difficult to walk or place furniture. An asphalt driveway currently connects a gravel driveway and parking area to a lower garage door, and extends toward Freeman’s Pond. This asphalt driveway is within the A Buffer Zone from top of coastal bank, and also extends partially into the resource area. The majority of the undeveloped portions of property are characterized by highly degraded naturalized vegetation, mostly dominated by State listed invasive species Black Locust (Robinia pseudoacacia), Shrub honeysuckle (Lonicera morrowii/bella), and Oriental bittersweet (Celastrus orbiculatus). The areas most heavily popullated by invasive trees and shrubs persist with very few grasses and groundcover beneath them. Some native species are present in small clusters and individual specimens, including black cherry (Prunus serotina) and Eastern red cedar (Juniperus 4 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management virginiana), PROPOSED PROJECT ACTIVITIES The project scope proposes a larger deck and re-configured patio and walkway spaces. The asphalt driveway will be removed and replaced with gravel tracks, a small gravel and cobblestone edged seasonal seating area, and lawn. The gravel and lawn areas within the current driveway footprint are intended to continue to serve as vehicular access to the garage doors on an occasional basis. The area of asphalt that overlaps the resource area (coastal bank) will be removed and restored with native vegetation and a 4 foot wide natural path. The area immediately surrounding the deck will be re-graded to allow circulation around it, and stone steps set within steeper sloping areas will also help make those pathways more traversible and prevent erosion from foot-traffic. The locations of proposed hardscape areas are not greatly different from existing conditions in concept, but the reconstruction and minor regrading the transition zones will make those spaces more useable for the homeowner. The proposed new hardscape layout will also result in an overall reduction of impervious surface. Proposed total area of structure and hardscape is 1529 square feet, resulting in a net reduction of 713 square feet within the 50’ Buffer Zone. (There is a proposed total reduction of 781 square feet of impervious surface sitewide). The project also proposes invasive and non-native species management to restore native species diversity, incorprating species which have high wildlife value for cover and forage. Because the current plant composition is so heavily invaded by non-native plant species, it does not fit the description of any defined native plant community. Groundcover and understory species are largely absent. The proposed planting strategy makes use of the scattered populations of existing Black Cherry and Red Cedar Trees, and incorporates trees, shrubs, grasses and forbs to restore the areas to Coastal Forest/Maritime Forest/ Maritime Shrublands, as described by Natural Heritage & Endangered Species Program (NHESP). Characteristics of this Maritime plant community include a mix of deciduous and evergreen trees in the canopy. Shrub understory species are variable and may occur in dense thickets of native or invasive species while the herbaceous layer is also highly variable. The only vegetation proposed for removal are non-native and invasive species. Vegetation will be removed and initially treated using a cut-and-wipe method with an EPA approved herbicide so as to limit soil disturbance and to retain any existing native species within close proximity. During the removal and treatment of the invasive and non-native vegetation, native species remaining will be regeneratively pruned, if necessary. Regenerative pruning encourages new, vigorous growth. It also reduces the potential for branch breakage and storm damage on specimens that are “leggy” after invasive species are removed. Immediately following the initial removal and treatment process, any bare or sparsely vegetated mineral soils will be seeded with a custom native seed mix (refer to Restoration Plan) along with any areas of existing lawn that are proposed for restoration. The seed will be raked into the soil to promote better seed soil contact to help improve germination. The seeded areas will be covered with chopped straw to aid in germination. All debris created during the initial restoration process will be removed and disposed of off-site. Following the initial removal, maintenance of the project area will be required for a minimum of three growing seasons. The project area will be monitored for newly germinating or re-sprouting invasive and non-native species. Maintenance treatments will be completed using cut-and-wipe, selective low-volume foliar, and/ or hand weeding methods. Cool season grasses may be flail mown in June to promote the establishment of warm season grasses for the first couple of growing seasons. 5 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management VEGETATION MANAGEMENT ACTIVITY TIMELINE INITIAL MANAGEMENT (Fall / Winter / Early Spring) 1. Mechanically remove all approved vegetation where feasible. 2. Treat and remove woody and vine species using an appropriate herbicide (Glyphosate-based or Triclopyr-based) using a cut and wipe application where mechanical removal is not feasible or is not an effective means of control. 3. Rejuvenate any native shrub species uncovered in restoration area, if needed, with regenerative pruning techniques; 4. Soil condition and rake flat areas where feasible to expose bare mineral soils to prepare seedbed for native seed mix. 5. Seed restoration areas with custom native seed mix. 6. Cover any sloping seeded areas with 100% biodegradable erosion control blankets, and stake in place with 100% biodegradable 12” hardwoods stakes if necessary. Flat areas will be covered in a layer of sterile chopped straw. 7. Monitor property and, if necessary, perform an early spring maintenance treatment to suppress winter annual weeds. MAINTENANCE (Three growing seasons, minimum) 1. Monitor restoration area and perform maintenance treatments or hand weed invasive, non-native, aggressive species that have germinated from existing seed bank, or re-sprouted from roots after removal. The project area will be monitored and maintained throughout the year for both cool season and warm season invasive, non-native, and aggressive species. 2. Mow/cut cool season grasses in June to encourage establishment of warm-season grasses, if necessary. 3. Prune dead, diseased, broken, or interfering branches to maintain health and structural integrity of native species. PLANTING (Typically the Spring or Fall after the first season of maintenance) 1. Monitor restoration area and perform maintenance treatments or hand weed invasive, non-native, aggressive species that have germinated from existing seed bank, or re-sprouted from roots after removal. The project area will be monitored and maintained throughout the year for both cool season and warm season invasive, non-native, and aggressive species. ONGOING MAINTENANCE 1. Property will remain under active management to eradicate invasive and aggressive species through hand weeding and/or cut and wipe herbicide treatments as necessary. 6 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management NATIVE SPECIES OBSERVED (native to Barnstable County) Amelanchier canadensis Serviceberry Baccharis halimifolia Hightide bush Carex pensylvanica Pennsylvania sedge Deschampsia flexuosa Crinkle-hair grass Juniperus virginiana Eastern Red Cedar Morella pensylvanica Bayberry Panicum virgatum Switch grass Prunus maritima Beach plum Prunus serotina Black cherry Quercus velutina Black oak Rosa virginiana Virginia rose Spartina spp. Spartina Solidago spp. Goldenrod Viburnum dentatum Arrowwood viburnum NON-NATIVE SPECIES OBSERVED State-Listed Invasive Species: Ampelopsis brevipedunculata Porcelain berry Berberis thunbergii Japanese barberry Celastrus orbiculatus Oriental bittersweet Elaeagnus umbellata Autumn olive Lonicera morrowii/bella Shrub honeysuckle Lonicera japonica Vine honeysuckle Robinia pseudoacacia Black locust Rosa polyantha Multi-flora rose Non-Native Species: Holcus lanatus Velvet grass Aggressive Species: Toxicodendron radicans Poison ivy Smilax rotundifolia Catbrier Rubus spp. Brambles ONGOING MAINTENANCE 1. Property will remain under active management to eradicate invasive & aggressive species through hand weeding, low-volume foliar herbicide applications, and/or cut & wipe treatments as necessary. Property will also remain under active management to continue promoting old-growth woodland characteristics. HERBICIDE APPLICATION INFORMATION All herbicide applications will be performed by a Massachusetts State-Licensed and insured pesticide applicator proficient in plant identification, both in leaf and bare-twig. Herbicide applications will be either selective spot treatments (low-volume foliar) or direct stem applications (cut and wipe). Using these methods of application safeguards native and desired species from over-spray and minimizes the total volume 7 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management of herbicide needed to effectively manage the target species. Herbicides used will contain Triclopyr or Glyphosate as their active ingredient. Triclopyr is a selective herbicide and will be utilized for most invasive and aggressive broad leaved target species to ensure that native grasses are not damaged. Glyphosate will be used to manage vine and shrub honeysuckle as Triclopyr has been observed to have little or no effect. The highly selective herbicide applications will neutralize root materials left in the soil and inhibit new growth. Continual monitoring, maintenance treatments, and hand weeding will be ongoing. REGULATORY COMPLIANCE PART I GENERAL PROVISIONS. 1.02 Statement of Jurisdiction (1) (b) Restoration and landscape projects fall under the General Provisions as location is within 100 feet of areas set forth in Section 1.02(a). PART I GENERAL PROVISIONS 1.02 Statement of Jurisdiction (2) (a) Any activity proposed or undertaken which will constitute removing, filling, altering, or building upon any area specified in Section 1.02 (1) is subject to regulation under the By-law and requires the filing of an Application for Permit. Restoration and landscape projects are regulated as alteration of the area specified in Section 1.02 (1) is subject to regulation. PART II REGULATIONS FOR COASTAL WETLANDS 2.05 Coastal Banks (1) Preamble (2) Definition. “Coastal Bank” means the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland. No activity, other than the maintenance of an already existing structure, which will result in the building within or upon, removing, filling, or altering of a coastal bank or of any land within 50 feet of any coastal bank shall be permitted by the conservation commission, except for activity which is allowed under a variance from the regulations granted pursuant to Section 5.01. 2.05 Coastal Banks (3) (3) Any activity which is allowed under a variance granted pursuant to Section 5.01 of these regulations on a coastal bank or within 100 feet of a coastal bank shall comply with the following regulations: (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank except that a coastal engineering structure may be permitted when required, to prevent storm damage to buildings constructed prior to the effective date of these regulations, or constructed pursuant to a Notice of Intent filed prior to the effective date of 8 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management these regulations, including reconstructions of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met: 1. a coastal engineering structure or a modification thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action, and 2. the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible. 3.protective planting designed to reduce erosion may be permitted. 2.05 COASTAL BANKS (3) (a) Regulations do not apply. No engineered structures or new buildings are proposed to be built or reconstructed. (b) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by Section 2.05 (3) (a), shall not have an adverse effect due to wave action or the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. (3) (b): Regulation does not apply. Land is not subject to wave action, movement of sediment from the coastal bank to coastal beaches or to tidal action. ( c) The Permit and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the conservation commission under this By-law shall contain the specific condition: Section 2.05 of the Wetlands Regulation, promulgated under the Brewster Wetlands Protection By-law, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Permit. When a coastal bank is determined to be significant to storm damage prevention or flood control because it is a vertical buffer to storm waters, the following regulations shall apply: (3) (c.) Regulation does not apply. No new building is proposed nor is any coastal engineering structure. (d) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. 2.05 Coastal Banks (3) (d): Regulation applies. Proposed restoration will be a net improvement of the stability of the coastal bank. The restoration would remove and manage extensive invasive species which currently dominate the property and leave little to no grasses or groundcovers to stabilize the soils. 3 paving stones in a 4 foot wid path will be added to the bank in order provide some access down the gradually sloped bank to flat ground, therefore reducing damage to the bank. The restoration would not disturb the coastal bank nor reduce its natural resistance to wind and rain, erosion caused cuts and gullies in the bank or increase the risk of its collapse, instead, Bank Vegetation tends to stabilize the bank and reduce the rate of erosion due to 9 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management wind and rain runoff. Guidelines The scope of alternatives to be considered will be commensurate with the type and size of the proposed project. The Alternatives Analysis must include the following: 1. a brief clear description of the project including the type, size and proposed use of projects, and project objective 2. a summary of alternatives to the proposed Project 3. a summary of potential environmental benefits of the Project 4. a summary of potential environmental impacts of the Project 5. a list of any mitigation measures for the Project 6. a timetable, approximate cost, and the methods and timing of construction of the project. 7.01 General Regulations for Aesthetic Interests in all Resource Areas* Al. The height, scale, dimensions and design of any structure shall not alter or diminish the natural beauty and appearance of a resource area visible to the public. The placement of buildings, structures, fences, walls, or parking facilities shall not detract from the resource area’s scenic qualities and shall blend with the natural landscape. In land under the jurisdiction of the Conservation Commission, building sites shall not be located at the crest of a hill, and foundations shall be located to reflect the natural terrain of a resource area. A2. Any development visually accessible to the public shall be designed to preserve distinctive features of the site including tree canopy, stone walls, vegetated buffers, and scenic views, and shall limit the visibility of new development from a resource area visible to the public. The structure shall be architecturally integrated with and shall blend with the surrounding environment and landforms using natural building materials, such as wood siding and trim, natural color tones, and a scale of the structure which is consistent with the surrounding environment. Activities proposed will improve land within 50 feet of the coastal bank. Only Restoration activities are proposed for the coastal bank, removing and managing extensive invasive species dominating the property and leaving little to no grasses or groundcovers to stabilize the soils. CODE OF THE TOWN OF BREWSTER, MASSACHUSETTS UPDATED 01-01-2013 PART II GENERAL LEGISLATION /172-12 Burden of Proof The applicant for a permit shall have the burden of proving by clear and convincing evidence that the work proposed in the application will not harm the interests protected by this chapter. Failure to provide adequate evidence to the Commission supporting a determination that the proposed work will 10 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management not harm the interests protected by this chapter s hall be sufficient cause for the Commission to deny a permit. 11 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management EXISTING CONDITIONS: PATIOS, WALKWAYS AND GRAVEL DRIVE 12 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management EXISTING CONDITIONS: ORNAMENTAL PLANTINGS, DRIVEWAY, DECK AND UTILITIES 13 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management EXISTING CONDITIONS: NATURALIZED AREAS WITH INVASIVE VEGETATION 14 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management EXISTING CONDITIONS: NATURALIZED AREAS WITH INVASIVE VEGETATION 15 42 Warrens Road, Brewster, MA | Land Management Plan & Narrative | Crawford Land Management Crowell- Law Offce, P. C. 99 Willow Street, Suite 1 Yarmouth Port, Massachusetts 02675 WILLIAM E. CROWELL, JR. Tel: (508) 375-0012 SAMUEL H. CROWELL Fax: (508) 375-0019 April 5, 2021 Noelle Aguiar, Conservation Admin. Town of Brewster 1657 Main Street Brewster, MA 02631 RE: 178 Bonnie Doone Cartway, Brewster, MA Parcel ID: 102-13-0 Dear Ms. Aguiar: Please find enclosed WPA Form SA with attached photos of the site located at 178 Bonnie Doone Cartway, along with a check payable to the Town of Brewster in the amount of $100. Thank you for all your assistance with this matter. Very truly yours, Samuel H. Crowell SHC/law Enclosures FedEx Important: When filling out forms on the computer, use NI only the tab key to move your cursor - do not use the return key. vra, Min 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 9-1383 Provided by DEP A. Project Information 1.This request is being made by: Ruth Hangosky, Personal Representative of the Estate of Preble Cobb Name C/O Crowell Law Office PC 99 Willow Street Mailing Address Yarmouth Port MA City/Town State 508 375-0012 Phone Number This request is in reference to work regulated by a final Order of Conditions issued to: Preble and Martha E. Cobb Applicant February 21, 2007 SE 9-1383 Dated The project site is located at: 178 Bonnie Doone Cartway Brewster Street Address 8 Assessors Map/Plat Number DEP File Number City/Town 7 Parcel/Lot Number The final Order of Conditions was recorded at the Registry of Deeds for: Property Owner (if different) Barnstable County Certificate (if registered land) 5. This request is for certification that (check one): wpaform8a doc rev 7/13/04 21857 Book 02675 Zip Code 276 Page Z 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. 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 9-1383 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? q Yes z 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.govidep/about/region/findvour.htm). wpaform8a doc rev 7/13/04 Page 2 of 2 • . Mv,-a a . r Overhead Map – purple is approximately 100 feet from wetlands (blue, from town GIS) We would like to remove the dead tree marked with a rec “x” on the overhead map and on the photo below: This tree is dead, and leaning in the direction of the house. Aborist recommended removal. Here is a photo of the base of the tree, with no bark: We would like to remove the damaged branches of the tree marked with the blue “o” on the overhead map, no other pruning. TOWN OF BREWSTER BREWSTER, MA 02631 PHONE: 896-4546 CONSERVATiON@BREWSTER-MA.GOV ADMINISTRATIVE REVIEW FORM Office Use: Date Received: Fee Paid: ( Owner/Applicant Name: „.) txc,(A. ,Sk_c{ Rcu A eII' Date: 3) 31 ) 2- t Project Location: 9 r_..S L 43k Map Parcel Mailing Address: Phone: / 1:o Sl ko z Contractor/Representative: W Email / Fax: P.) {,A,\Lt \ (plat 1 . Com Phone: Other Contact Information (if necessary): PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) V\konoVe (A-ead ‘Icy-bs -r-1(c)r-Nr\ V LA , 10cc d ck-A- -V\le Cut -c1e--30‘c.. \-kw\ no\ -1-t, kecw-e_ sc,ywk. 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? 3. Is excavation by machinery required? Y / 4. Will there be disturbance to the ground? 5. Is removal of vegetation proposed? Y / 6. Is regrading proposed? (Addition or removal of soil?) Y / 7. Is tree removal proposed? N • If so, how many? fe,cx--c\,_e (N-e 0,6 8. Is pruning of trees proposed? - If so, please supply photo N 9. Is planting proposed? - If so, please supply a plan including species Y / 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? FJ )0(Ux\\'-s For office use only: Site Inspection Date: Date Ratified: Additional Filing Required: Approval: Conservation Administrator Comments: THIS FORM IS VALID FOR 6 MONTHS FROM DATE RATIFIED ADOPTED: 5/13/2008 To Whom it may concern, I am writing to grant permission to have this tree inspected. I am submitting the administrative review to have the dead branches removed as they are a danger. The tree is located right above where my three children play and where we park our cars. The tree is located at the end of Fiddlers Lane and is within buffer zones to Wetlands. We would be using an aerial lift to remove the limbs. Any questions please contact us at Brunelle1653(&qmail.com. Thank you, Josh and Sarah Brunelle tb'e- 16- (--4 ,culc-tv% vin k crs i-k-nr- 7„, mc,„,, si- ts (s)---,c.c. 3 / Gooci IfYl©J-1(\kA9 ir\ LAD ot-Ek c r( 4-e) vA ctKe._ vntinov - C-jACIlv\cie - 'k-e, LW-. e_xiz,v‘s -t-Pc-Q_c_40vN pq,r -V\f\d" cs ce- tly3) ak-- 62-2 Co-totot .ts\ LADay. Our t 04e,v\t- Ls -6 Ce.3(otee, o. pa-e) tc.t.is I y perms ;4-4.,d I au, shed) ckre, propos ( (o')ra o sfec sce.4- v\ sGzs>t toG9c-ks o cx, s+6.v c yce_ci +Is> v\A Cum ey-R--)0 (Ke.. s (Re-GA LAD 1 c t Lv\94c6, iLy Pty\€ or b©r c-C Houruurcil. celopeckm w k c q. L.9 e_ c)p -hce)ti\s 4-(ste- Vtacx,Vile.vvtc-- 4-4/1 _ .941:EA& V pt -tcp ,(3 (ct c.,(A c?ir- ilAct( (r_K_c.R::k'TCD S Cie.) 1.4)0110(i) (.2DCRP•0 ce_slooroK y 4,e14- --e vvv--f-tA OCR Cc, (Alc G, ci0A.A c,Ce).s er 4c.) bcetAK 0p+r_a)v1 a) -t--kt-e- sCle ciwe Li re Mai v\ Q. Iivux+ ,•(y 13 C.e,e+ -t--c\e- mac)/ C,LAt (49 CA+ 1/14, (..9e 0A cv---K tA Asi Act I -ce,e-k- 4--1A c.c>cest--col tQc %AK. u„Dr-4-411 ((Ise. e) © eras cmplo rovat oLD'e_ Lsoc.(x1c39 iwip wvo_vt-1- se.c..‹,t&ck eDicr-kco loe,--HeAr v\ Kt, (1+ yccx,r re, %lex+ /\ciz Qv__ I vr,it..tcAQ.of p td-c-kt-e- lic18,1-C.sj6-0/9 ±k Z 9,400110x/ rAACCI-P__ yic5:bc_c_x+ccoin ea)-G 44\e sz)0( vied 1-4..0Q c...c=k.v\ toe_ ctcAdlecA Aprc( (3 (A() 'Yont-t 'eceic k r - he- 5 (/\ c c'"& LA_.) S -4" I ( y di re- c.:-+Ecn' G1 L.A.Li- CA \...f vv\ tA s (AS April 5, 2021 Brewster Conservation Commission 1657 Main Street Brewster, MA 02631 RE: Request for Changes to the current Order of Conditions for 87 North Pond Drive , Project ID — SE-9-1718 Dear Commission Members, The purpose of this letter is to ask for the Conservation Commission's approval for the following alternations to our existing open orders. 1. Garden beside house that is in within 100 ft. buffer zone. Zone 1 on attached plan. Currently this garden is overrun with English ivy, and in the summer poison ivy as well. We would like to pull out all the ivy and replant with shade loving native plants. I will provide Noelle a list of the plants once they are determined. We will put a hay roll along the bottom to prevent soil erosion until we have secured the soil with plantings. 2. Two Gardens behind house within the 50 ft. buffer zone. Zones 2 and 3 on the attached plan. Clear out all but the native azaleas and the creeping evergreen that holds the soil on the hill. Replace everything else with sun loving natives. Furthermore, there are 3 Autumn olive trees in these gardens that we would like to remove due to their invasive nature. Again, I will provide the list of plants to Noelle when I have them. 2IPage 3. Maintain the pathway to the pond and beach. Zone 4 on the plan. The pathway has started to get overgrown. We would like to cut is back on the right side about 2 feet and just maintain the left side. 4. Remove a small sapling from Zone 5 that has developed black knot. Also remove 3 other saplings in this zone and replace 1:1 with 3 sweet pepper bush trees. 3 1Page 5. Trim up smaller twigs growing on the lower part on the oak trees in Zone 5 to allow more of the sap to flow up the tree. According to John Allard of Allard farms, this will be healthier for the trees. We thank you in advance for your consideration of these changes to our current Order of Conditions. Very truly yours, /2C4A- .1 /t Deborah Rau and Neal Shifman 4 {' 0 • lro Exiting Dwelling Top of EOunclation Elev. = 53. ±. 38 --r3 42 42 O 4 Coburn Landscaping Bx 733 Brewster,Mass 02631 508-896-7664 June 25,2020 Brewster Conservation Commission C/O Noelle Aguir, Conservation Administer Town of Brewster 1657 Main Street Brewster, Mass 02631 RE: Minor change request 1 Carver Rd, Brewster, Mass 02631 DEP file 5E9-1847 Applicant: Jim Newman Dear Ms Aguir and Commission Members, On behalf of applicant for Jim Newman, Coburn Landscaping submit a minor change request !-Reduce risk failure and maintain the health of the Apple tree,located on the east side of the deck. We would like to remove any dead branches and 4-5 larger branches that are leaning towards the house and putting strain on the tree truck. There is a safety concern for the side of the house. Sinctely, Tom o urn Coburn Landscape Coburn landscaping MCA # 101805 1 Noelle Aguiar From:Carmen Scherzo <cssjhs227@gmail.com> Sent:Tuesday, April 6, 2021 1:53 PM To:Noelle Aguiar Subject:Judy Scherzo's letter for waiver Attachments:do not enter sign 4.6.2021.jpg Hello Noelle Judith H. Scherzo PO Box 25 Brewster, MA 02631 April 6, 2021 Town of Brewster Conservation Commission 1657 Main Street Brewster, MA 02631 RE: Mass DEP file # SE 9 – 1620 Locus: 0 Winslow Landing, and 12 & 22 Ring Rock Road Assessors Map 91, Parcels 2, 3, & 4 (formerly Map 7, Parcels 1, 2, & 5) Dear Conservation Commission members, I would like to file this letter of request asking the Conservation Commission for a waiver from the April 15, 2021 deadline for the placement of the annual 43 cu. yds. sand nourishment requirement as per my Order of Conditions Mass DEP file # SE 9 –1620 issued on August 26, 2014 and extended until August 26, 2022. My contractor, Christian Norgeot of Anchor Marine, has informed me that they are not available until the week of April 26, 2021. In the past, the Conservation Commission has given me permission to use Ellis Landing as an optional location. This year, since the winter erosion has not been too sever at my location, I would like permission to 2 split the sand nourishment between my property and the dedicated sand nourishment storage bin at the DPW to be used where and when it is most needed by the town. Every time I have the sand nourishment placed at my location, it means that the heavy trucks must cross over the waterfront portion of my yard and disturb the soil and the American Beach Grass that is already growing there. I would like to limit that activity if possible. I have contacted Patrick Ellis (DPW) and Chris Miller (Natural Resources) and both are on board with this plan for 2021. Also, for your consideration, I am again requesting your permission to install some snow fencing in strategic places at the top and bottom along the slope of sand on the upper portion of the bluff. The fencing would not run along the bottom portion of the revetment at the beach level. I feel this is necessary to keep adults, children and dogs (yes, people still let their dogs run, off leash, up and down that bluff and across my yard year round) from entering the area where new (to be planted) beach grass will be trying to get reestablished. The two 12” X 18” signs that we have in place that say “Erosion Control in Progress, PLEASE!! Do Not Enter” are frequently ignored. (Sample attached) This past summer was a nightmare with the influx of people not familiar with our fragile ecosystem nor did they know how to be respectful neighbors with good manners! Thank you for your attention and consideration, Judy Scherzo 508-237-6032 cssjhs227@gmail.com Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number A. Violation Information This Enforcement Order is issued by: Town of Brewster 3/31/2021 To: Conservation Commission (Issuing Authority) Date Bryan Jenkins Name of Violator P.O. Box 1039, Orleans, MA 02653 Address 1. Location of Violation: Property Owner (if different) 3673 Main Street Street Address Brewster City/Town 126 02631 Zip Code 12-14074 (formerly 11/25-104) Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Unpermitted construction of a deck within 100 feet of wetlands without a valid permit in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: E] the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a doc • rev 7/14/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: B. Findings (cont.) q the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) q The Order of Conditions expired on (date): Date q The activity violates provisions of the Certificate of Compliance. q The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. q Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): Z The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. Z Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. Z A restoration plan shall be filed with the issuing authority on or before for the following: restoration of the area with native plantings. 5/6/2021 Date The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a doc • rev 7/14/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: C. Order (cont.) q Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. Z The property owner shall take the following action (e.g., erosion/sedimentation controls) to prevent further violations of the Act: No further alterations within the 100 fott buffer zone shall be undertaken. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Noelle Aguiar, Conservation Administrator Name 508 896 4546 Phone Number Monday - Friday Hours/Days Available Issued by: Town of Brewster Conservation Commission Conservation Commission signatures required on following page. wpaform9a doc • rev 7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number. D. Appeals/Signatures (cant.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: kiatCLL ClitLk-t Signature of delivery person or certified mail number wpaform9a doc • rev 7/14/04 Page 4 of 4 TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV ATTACHMENT TO ENFORCEMENT ORDER March 31, 2021 Bryan Jenkins P.O. Box 1039 Orleans, MA 02653 OFFICE OF CONSERVATION COMMISSION RE: Unpermitted construction of a deck within 100 feet of wetlands without a valid permit in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. The property involved in the violation is 3673 Main Street, Brewster Assessors Map 126, Lot 12-14074 (formerly Map 11, Lot 25-104). Enclosed is an Enforcement Order for activities in violation of the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Non-compliance with the requirements stated herein is punishable by fines of not more than $25,000 or by imprisonment for not more than two years or both, as provided under M.G.L. c. 131, §40; and fines of not more than $300 per offense as provided under Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the By-law, regulations, or permit violated shall constitute a separate offense. Dear Mr. Jenkins: The enclosed Enforcement Order is being issued to you from the Brewster Conservation Commission in response to a violation of the above-referenced laws and regulations that has occurred at the above-referenced address. This Attachment to the Enforcement Order is divided into two sections: Facts and Law, and Required Mitigation and Other Measures. It would be in your best interest to carefully read the Enforcement Order and this Attachment, and to comply fully with all the requirements stated herein. Failure to comply with all requirements stated herein will result in more serious enforcement action. The Commission stands ready to work cooperatively with you in order to avoid further enforcement action. Facts and Law 1. On March 16, 2021, the Conservation Administrator received an email from the Building Department noting that the construction of a deck had occurred recently at the property noted above without a building permit. 2. On the same day, the Conservation Administrator reviewed Department files for the property and noted that the existing dwelling was located within 100 feet of wetlands, WWW.BREWSTER-MA.GOV TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAx: (508) 896-8089 CONSERVATIONaBREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION thus the new deck was constructed without a permit from the Conservation Commission and within an Area Subject to Protection under the above-noted regulations. 3. Site plans, photos, and copies of Department documents are included as an addendum. Any violation of an Order of Conditions issued by the Conservation Commission or any alteration within 100 feet of a wetland without a valid permit from the Conservation Commission is a violation of the Massachusetts Wetlands Protection Act, M.G.L. c. 131, §40 and Regulations 310 CMR 10.00 et seq., and Brewster's Wetlands Protection By-law, Town Code c. 172 and Wetlands Regulations. Required Mitigation and Other Measures 1. The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. 2. The property owner and/or their representative shall appear before the Brewster Conservation Commission on April 27, 2021 via Zoom Meeting starting at 6:00 pm. Please call (508) 896 4546, as soon as possible to confirm. 3. The property owner or his agents will remove the structure and submit a restoration plan to revegetate the impacted area or submit a Notice of Intent to permit the construction of the deck. This restoration plan/permit application must be submitted by May 6, 2021. 4. The Conservation Commission shall have the right to require specific mitigation to ensure adequate protection of the interests of the above-referenced laws and regulations. 5. The Conservation Commission reserves the right to amend this Enforcement Order in the future, or to issue separate Enforcement Orders. The Commission also reserves the right to issue fines for the unauthorized work that has occurred. If you have any questions, feel free to contact me at the telephone number listed above. Respectfully, 00d-e-L Q.,ey,LAAA Noelle Aguiar Conservation Administrator WWW.BREWSTER-MA.GOV TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAx: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV CC: MassDEP SERO Brewster Town Clerk Brewster Town Administrator OFFICE OF CONSERVATION COMMISSION WWW.BREWSTER-MA.G0 V oh* (r) 'Pm 41 5 IFNI n itl! p. 11 hi! rig'? ; 1 g;14 Hi : ifj() I • 0 1 il x, xl 8 M 1 % • . I ° rn In .p111W1 P ! ! 1 I I ; :: 8 4 IM i 1 i 4 i 9 i a o- CRANBERRY COVE COTTAGES XlIPW1PM e. PROPOSED DEMOLITION AND REPLACEMENT OF BUILDING #8 allIOCAT11.1121112.11