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HomeMy Public PortalAbout2021 06 08 Public Meeting Packetwpaform9a.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: A. Violation Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. This Enforcement Order is issued by: Town of Brewster Conservation Commission (Issuing Authority) 4/29/2021 Date To: Stephen Brown Name of Violator P.O. Box 1206, Brewster, MA 02631 Address 1. Location of Violation: Property Owner (if different) 2628 Main Street Street Address Brewster City/Town 02631 Zip Code 89 Assessors Map/Plat Number 14 (formerly 15/113-2) Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Cutting and clearing of vegetation on and within 25 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: 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 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: B. Findings (cont.) 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) The Order of Conditions expired on (date): Date The activity violates provisions of the Certificate of Compliance. 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. Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): 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. Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. A restoration plan shall be filed with the issuing authority on or before 6/17/2021 Date for the following: revegetation of the cleared wetland area and impacted area abutting the waterbody. The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. 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: C. Order (cont.) 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. The property owner shall take the following action (e.g., erosion/sedimentation controls) to prevent further violations of the Act: 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. LI 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 (cont.) 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: )J0-ff‘J-L Signature of delivery person or certified mail number wpaform9a doc • rev 7/14/04 Page 4 o14 TOWN OF BREWSTER 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 FAX:(508)896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION ATTACHMENT TO ENFORCEMENT ORDER April 29, 2021 Stephen Brown P.O. Box 1206 Brewster, MA 02631 RE: Cutting and clearing of vegetation on and within 25 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 2628 Main Street, Brewster Assessors Map 89, Lot 14 (formerly Map 15, Lot 113-2). 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. Brown: 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 February 25 and February 26, 2021, the Conservation Department was contacted regarding vegetation removal activities undertaken at the property noted above. The removals included vegetation within a wetland as well as within 10 feet of a waterbody. Photos were also submitted with this notification and these are included for reference. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 FAX:(508)896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION 2. On February 25, 2021, the Conservation Administrator reviewed the Conservation files for the property and noted that a Conservation Plan from 2008, for the purposes of agriculture existed for the property. The Conservation Administrator noted that within the State Wetlands Regulations, there are exemptions for activities classified as normal maintenance of land in agricultural use, including mowing, burning, brush cutting, and removing trees. Activities not considered exemptions include the cutting or removal of trees and understory vegetation within 25 feet of the bank of a water body that is not managed within the land in production unless the trees or understory vegetation are removed to control alternative hosts. In addition, slash, branches, and limbs resulting from the cutting and removal operations shall not be placed within 25 feet of the bank of a water body that is not managed within the land in production. The clearing of vegetation within a wetland is also not an exempted activity. 3. On February 26, 2021 the Conservation Administrator viewed the site from the Cape Cod Rail Trail and from an abutting property. Vegetation clearing was visible from both vantage points. On that same day, the Conservation Administrator called and spoke with the property owner about the vegetation cutting and clearing activities. It was noted that some of the activities could be considered exemptions under the State Wetlands Protection Act, however, vegetation cutting and removal within a wetland and within 25 feet of the waterbody would not be considered exempt activities. In that conversation the property owner noted that the vegetation cutting/clearing activities would cease until a site visit was conducted to review the impacted areas. 4. On March 5, 2021, the Conservation Administrator emailed the property owner to review the information above and to set up a site visit. On that same day, an email was returned noting that a site visit could be possible in April and that there was the potential for a newer wetland survey to be conducted. 5. On April 5, 2021, the property owner emailed the Conservation Department, Building Department, and Planning Department with questions regarding the validity of a wetland delineation after a certain amount of time from the first determination and the necessity of a delineation for the purposes of permitting a project. 6. On April 12, 2021, the Conservation Administrator followed up to the email from April 5, 2021, to send along digital copies of site plans for the property as well as an aerial view of the site. In this email, dates were offered as possibilities for conducting the site visit based on the Conservation Department calendar. 7. On April 22, 2021, the Conservation Department was contacted regarding new removal activities undertaken on the property on April 10, 2021. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 Ft IONE: (508) 896-4546 FAX: (508) 896-8089 CONSER VATIONaBREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION 8. On April 23, 2021, the Conservation Administrator emailed the property owner about this notification. In the email, it was also noted that an Enforcement Order was to be issued as a formal requirement to cease any vegetation removal activities not included as exemptions under the State Wetlands Protection Act. This Order will also require attendance at a Show Cause Hearing as well . A site visit in the near future was also requested to assess conditions on-site and review likely restoration planting requirements. Any violation of an Order of Conditions issued by the Conservation Commission or any alteration within a wetland or within 25 feet of a waterbody not in agricultural use, and 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 area within 25 feet of the water body and within any wetland resource area. 2. The property owner and/or their representative shall appear before the Brewster Conservation Commission on June 8, 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 complete a restoration planting plan for the impacted wetland and the impacted portion of the 25 foot buffer to the waterbody. This application must be submitted by June 17, 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 l isted above. Respectfully, )Ua-"- CUP". `A 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 WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION CC: MassDEP SERO Brewster Town Clerk Brewster Town Administrator 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: A. Violation Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. This Enforcement Order is issued by: Town of Brewster Conservation Commission (Issuing Authority) 4/14/2021 Date To: 23 Dune Road LLC Name of Violator 700 White Plains Road, Suite 331, Scarsdale, NY 10583 Address 1. Location of Violation: Property Owner (if different) 23 Dune Road Street Address Brewster City/Town 02631 Zip Code 79 Assessors Map/Plat Number 30 (formerly 6/13) Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Topping of trees on and within 50 feet of a coastal bank witthout 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: 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 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: B. Findings (cont.) 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) The Order of Conditions expired on (date): Date The activity violates provisions of the Certificate of Compliance. 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. Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): 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. Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. A restoration plan shall be filed with the issuing authority on or before 5/20/2021 Date for the following: licensed arborist assessment of impacted trees and complete restoration planting plan to include native trees and shrubs. The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. 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: C. Order (cont.) 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. 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 foot 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 4 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 (cont.) 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: Signature of delivery person or certified mail number TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION ATTACHMENT TO ENFORCEMENT ORDER April 14, 2021 23 Dune Road LLC 700 White Plains Road, Suite 331 Scarsdale, NY 10583 RE: Topping of trees on and within 50 feet of a coastal bank 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 23 Dune Road, Brewster Assessors Map 79, Lot 30 (formerly Map 6, Lot 13). 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 23 Dune Road LLC Representative: 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 April 8, 2021, the Conservation Administrator conducted a site visit pursuant to a Notice of Intent application received for the proposed replacement of beach access stairs for the property noted above. During the site visit, it was noted that there were numerous trees on and within 50 feet of the coastal bank that had been topped. The site was also viewed from the shoreline on April 13, 2021 . The topping was visible TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION from the beach and in clear comparison to the conditions of the trees of the property to the west of 23 Dune Road. 2. On April 13, 2021, the Conservation Administrator reviewed the Conservation files for the property and found additional photos showing site conditions from 1993. 3. On April 13, 2021, the Conservation Administrator brought the violation to the attention of the Conservation Commission and provided photos taken of the site conditions. The Commission determined that an Enforcement Order and fine would be issued for the unpermitted topping of trees and required an assessment be undertaken by a licensed arborist of the impacted area and a revegetation plan be completed to restore the area. 4. The site plan and photos 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 May 11, 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 have a licensed arborist complete and submit an assessment to determine the number of impacted trees, the method for restoration of the impacted trees (if possible), and a planting plan for the revegetation and restoration of the impacted area. This plan must be submitted by May 20, 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. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION If you have any questions, feel free to contact me at the telephone number listed above. Respectfully, Noelle Aguiar Conservation Administrator CC: MassDEP SERO Brewster Town Clerk Brewster Town Administrator TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Site Photos from April 13, 2021 TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Site Photos from April 8, 2021 TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Site Photos Showing Vegetation Conditions from 1993 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: A. Violation Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. This Enforcement Order is issued by: Town of Brewster Conservation Commission (Issuing Authority) 05/27/2021 Date To: Elizabeth Vining Name of Violator 32 Bantry Lane, Brewster, MA 02631 Address 1. Location of Violation: Property Owner (if different) 32 Bantry Lane Street Address Brewster City/Town 02631 Zip Code 68 Assessors Map/Plat Number 23 (formerly 5/223) Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Cutting and clearing of vegetation within 50 and 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: 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 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: B. Findings (cont.) 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) The Order of Conditions expired on (date): Date The activity violates provisions of the Certificate of Compliance. 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. Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): 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. Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. A restoration plan shall be filed with the issuing authority on or before 07/22/2021 Date for the following: planting plan for the restoration of areas cut and cleared without a permit. The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. 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: C. Order (cont.) Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: 07/22/2021 Date for the following: Revegetation and stabilization of the recently cut/cleared area 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. The property owner shall take the following action (e.g., erosion/sedimentation controls) to prevent further violations of the Act: Placement of erosion controls at the edge of the location of recent vegetation clearing. 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 4 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 (cont.) 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: Signature of delivery person or certified mail number TOWN OF BREWSTER 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 FAX:(508)896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION ATTACHMENT TO ENFORCEMENT ORDER May 27, 2021 Elizabeth Vining 32 Bantry Lane Brewster, MA 02631 RE: Cutting and clearing of vegetation within 50 and 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 32 Bantry Lane, Brewster Assessors Map 68, Lot 23 (formerly Map 5, Lot 223). 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 Ms. Vining: 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 May 27, 2021 the Conservation Administrator conducted a site visit at a neighboring property. In conducting the site visit, it was observed that there had been cutting and clearing of vegetation within 50 and 100 feet of wetlands on the property noted above. The cutting included the topping of trees, and it appeared that there was clearing conducted by machinery as well. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 FAX:(508)896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION 2. In reviewing Conservation Department files for the property, it was determined that there was no valid permit for the work conducted. 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 shall install erosion control measures (haybales or haysocks) at the edge of the cleared area noted above. 3. The property owner and/or their representative shall appear before the Brewster Conservation Commission on June 22, 2021 via Zoom Meeting starting at 6:00 pm. Please call (508) 896 4546, as soon as possible to confirm. 4. The property owner or his agents will complete and submit a Notice of Intent and obtain a valid permit as issued by the Conservation Commission for the vegetation cutting/clearing. Revegetation and stabilization of the recently cut/cleared area shall be included. This application must be submitted by July 22, 2021. 5. 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. 6. 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, Noelle Aguiar Conservation Administrator TOWN OF BREWSTER 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 FAX:(508)896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION CC: MassDEP SERO Brewster Town Clerk Brewster Town Administrator TOWN OF BREWSTER 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 FAX:(508)896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION TOWN OF BREWSTER BREWSTER, MA 02631 PHONE: 896-4546 CONSERVATION@BREWSTER-MA.GOV ADMINISTRATIVE REVIEW FORM Owner/Applicant Name: CRAI L 0(_ (7 fi -rf Project Location: 75 SOHN 50 AI CART Mailing Address: ro -fr I g41 j 6 RE tvS TER ) MA-. 0J631 Phone: ?O„),- 3 69 0 5 31 Email / Fax: Office Use: Date Received: Fee Paid: Date: Map Parcel Contractor/Representative: 0 WPi Phone: Other Contact Information (if necessary): RDI 64-8 — I I 0 1 PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) DECK RErikiR REPLAcE Pos.r5-) Si-forEN cnuT) t_t-EvER REei../tcE, 016- + DELK JNG 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.) bLuFF OVERLDOkiii(r f'ora — ALE, woRK T/\KI igb- NLHGr vvini i N EMS r H4- 6K1 CK PATIO IJNOtiRNEATH Ut CJ 1. Site Access Authorization form is included? Y / N 2. Will the proposed work take place within 50 feet of any resource area? 0/ N 3. Is excavation by machinery required? Y /R 4. Will there be disturbance to the ground? 0/N 5. Is removal of vegetation proposed? Y /1 6. Is regrading proposed? (Addition or removal of soil?) Y / 7. Is tree removal proposed? Y / • 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 / 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 /01 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 TziEF: RAN Blz- I4z- t 46" W( t°157 13(6c (.< f 0 IJ8DE folEkVivi OEcic fool -ft lFri 0KOUNOZf FAY OCC fi LAKDSC.04e/N c T1 E5 , c_ftwri LE v6-i DecK MOLLEL To SET 6ACK IK kLoolv,icE" 4 yoi,10463 BY LAW'S LE -12)\04 or 757) cr LOT IS COQ-FIG-PUS Sul LIFLAI\Jb, I FiEre-E- THAT THE muLlcwriot4 Si-o\44 HE:12-c4.1 IS LcxATEb AS IT EXISTS OKI THE 60.4:31-0-11:3 AKib THAT- AS SC) LOCArt.l> GOMPUES 1.11 1. •SETRAVY 12--4,1-41e-LE:PIEVF5 CF" THE Ziokit LIG $(-LAW cc -TDA1 DV- BP SVS1Er- 11,1 EFFECT AT THE FNNvtSl (DO . rA-rE,474 LOT LAK1, or D n't BEE\v'TEE-, lAe-f --Aci-LuETTs PIM-PAR-EA R)R. C Aizac)LL A cmv i,c)L i r1"73-TE)AZ-- 04 r AO tAUE---esfAl KER.GE-2_ pus Ola_E-A051 N- 6-74z- T3EF RAN Bv- t-16 MA`l tc57 P" Ili *Pi r t , y_ 6 GetN T I Lt vc g o c_h Tb MALLEL To CET r;AM IK kcombev‘lcg- vy.liKk3 BY LAW'S CF THE 1 -M.44 of 75. Cr THIS LOT tS CokITIGL-locIS 1-1R-AtAb.. I NAY 0 --P-nry -n-+AT THE- muki[wnot4 Si4ovit‘l 1-1E17--EcNi VS LcxATE1> A' rr Eytsys oK1 THE 60cDLAJD Aktb THAT As so 11XAtt.1.> i GCMPLIES Wi 1,11Q. Sall3A(4' /-4 1-4/2-1E-MEWT-5 c -1-1-1E zokitk1() 1S( -LAS/cc TIC -T?:;kvkl Cr IRP_V/SIEZ.- IN EFFECT AT -n-tE- TimE- cc TI-CE -SU FNN \4 lc>1.1 . ,ret°5 ---.'*Z,N, ZATE g !, 6;77(1 7,:-..---- _-------: ._,......._,—.-‘ / 44,4?.LBTIc4.4. lc \sti., .ir 7 18 /..;‘ ,i0.---- ,tve ' 4'.. QisTt.4,0 SUR4° 3 3 Ki LOT LA or " FeEPAR-g-b F Oge-OLL r l '84 c_ALE: 4 11,1c. - gLsi PE MW-94) , 1111111111111 ODITIO N tk L F I X TO RA I L o E — OGC.K 46 - IN FoRM67 I 0 N i i i Foal N GS A P o s -r)- F007 )14G-5- TO B E ic 0 0 i) ) O I k 10 12 Em/t I N I coNF I NEs OF BR 1 C.K PA_Tio A-4D ilfeg I 11 1 I US ED hS SACK F )L TREELNo ()ECK 11 I LONGER ENcLosE0 .1111,1 ...U.... 111111111111111 11111111111111111 n 11 UK MU i . Mal ! Ill I • • PROP 0 5 ED DE6tc 111 il li i 2 4 _______---- 1 R'MovE 'F$'± OF CAkTILEVE-lk - K a X 0 U STING. (.. E ,- TR H, . . 1 II 1 1 _ Ili • . . IIII I 111 ill _.._...._..... mu ••• 1 i t CD IT\ ,... 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: Seth Green/Susannah Baruch______________ Date: _10/19/2020 Project Location: 170 Crowells Bog Rd______________________ Map_____Parcel_____ Mailing Address: _2242 Cathedral Ave NW, Washington DC 20008__________________ Phone: 202-265-7264_____________ Email / Fax: e-commerce@baruchgreen.net________ Contractor/Representative: Pine Harbor___________________ Phone: 508-430-2800___ Other Contact Information (if necessary): __________________________________________ PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) __Shed______________________________________________________ ___________________________________________________________________________ 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.) ___________________________________________________________________________ On lot adjacent to bog (but outside 50’) 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? (ground cover only) Y / N 6. Is regrading proposed? (Addition or removal of soil?) (very little) 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: __________ S Submitted Site Photos. Administrative Review. 93 The Channel Way. 5.28.2021 May 4, 2021 Noelle Aguiar Conservation Agent Town of Brewster Conservation Commission 1657 Main Street Brewster, MA 02631 Re: Flush cut six (6) black cherry trees along the eastern property line MassDEP File #: SE 9-1824 Property location: 289 Crocker Lane Dear Ms. Aguiar: Following up on your site meeting with our project manager Garry Winstone, I am writing to request approval to flush cut six (6) black cherry trees that are located along the eastern property line at 289 Crocker Lane. The six cherry trees are located just inside the property line (1-3 feet within the property) in the area where a fence was previously approved to allow the property owners to monitor and manage invasive vegetation migrating in from the property to the east. The cherries, all 4-6” dbh and severely leaning, will be flush cut to allow for the fence installation, and then allowed to regrow in a more upright form. Please let us know if you have any questions about this request. Sincerely, Theresa Sprague BlueFlax Design LLC May 5th, 2021 Brewster Conservation Commission Attn: Nicole Aguilar, Conservation Administrator Town of Brewster 1657 Main Street Brewster, MA 02631 Re: Extension Request, McIver, SE 9-1774 Dear Ms. Aguilar and Members of the Chatham Conservation Commission, On behalf of our client, Gale McIver, we hereby request a (2) year Extension Permit to the Order of Conditions be granted for the above-referenced project. A hard copy of this letter and a check made payable to Town of Brewster for bylaw fee follows via US Mail. As we have spoken about, the owner is considering a full restoration of the area currently permitted. To date, only some vista pruning and minor invasive plant treatment has been done. The COVID crisis delayed this process considerably. If you have any questions or require additional information, please do not hesitate to contact our office. Thank you for your consideration. Best, Gretchen Crawford Operations Manager Crawford Land Management May 18, 2021 7 Taylor Lane Lexington, MA 02420 Psb0918@gmail.com 617-699-7708 Noelle Aguiar Conservation Administrator Town of Brewster 1657 Main Street Brewster, MA 02631 Re: Extension to OOC SE 9-1782 Issued 7-6-18 Dear Noelle, I would l ike to request a 3-year extension to our Order of Conditions SE 9-1782 Issued 7-6-18 for our home at 39 Carver Road in Brewster. Enclosed is a check for $100 payable to the Town of Brewster. Thank you again for your collaboration with Tom Coburn who is maintaining the property per the OOC guidelines. He has enjoyed working with you to keep the property healthy and beautiful ! Regards, Paul Barth District 5, 1000 County Street, Taunton, MA 02780 Tel: 508-824-6633, TTY: 508-880-6102 www.mass.gov/massdot May 10, 2021 Michael Tobin, Chairman Brewster Conservation Commission Town Hall 1657 Main Street Brewster, MA 02631 Dear Mr. Tobin: This letter concerns an ongoing MassDOT –Highway Division effort to maintain the drainage systems on Routes 6, 6A, and 28 in the Town of Brewster. Your Commission issued an Order of Conditions to MassDOT in August 2013 so that the appropriate mechanism would be in place if it was found necessary to perform drainage systems maintenance on short notice in or near a jurisdictional wetland. This OOC was extended in 2018 and is due to expire on August 9, 2021. This letter is a request that you issue an Extension to the original Order of Conditions Department of Environmental Protection File #SE009-1583 for an additional three years so that this pro-active public safety-oriented effort can continue. If you have any questions concerning this request, please feel free to contact Andrea L. Coates, District Environmental Engineer, at (774) 218-2985. Sincerely, Mary-Joe Perry District Highway Director ALC/alc cc: MJP, PRH, MEB, ANC Dept. of Environmental Protection- S.E. Regional Office Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 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 Buread 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: 17 914/7 Provided by DEP A. Project Information 1. This request is being made by: ak n .A.4i9 a -Name "h& /4e Aga Mailing Ad ress . L 142 i / Nye :i 7 "ill City/Town State 77Y ." 11ol - 9 ...Coal 325 - 30 7 .57 Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: ApplC /1/ "li/d7 ck Dated) 3. The rtlroject site is located at: f2tf_oFaZ.LT_1//:112eoeiet(Z________ Street Address DEP File Number 274 of Zip Code City/Town 37 AssesSors Map/Plat Number Parcel/Lot Number 4. The Order of Conditions was recorded at the Registry of Deeds for: (..%4/, N Property wner (if different) /../Zila 'y 7V7 A 17 ou Book Page Certificate (if registered land) 5. This equest is for certification that (check one): [g' tie work regulated by the above-referenced Order of Conditions has been satisfactorily completed. 0 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. A. Project Information (cont.) wpaform8a.doc rev. 7/13/04 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A - Requestfor Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 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 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 Off ice (see htto://www. mass . g °yid eo/ab out/reg io Mind your. htm ). wpaform8a.doc •- rev. 7/13/04 Page 2 of 2 \we December 30, 2014 John M. Aubin, Jr P.O. Box 1069 East Dennis, MA 02641 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHoNE: (508) 896-3701 EXT 1135 FAX: (508) 896-8089 CONSER VATION@ BREWSTER-MA.GOV RE: Request for Certificate of Compliance DEP File # SE 9-1619 213 Run Hill Road, Brewster Assessors Map 46, Parcel 3 (formerly Map 35, Parcel 2) Dear Mr. Au bin: *id OFFICE OF CONSERVATION COMMISSION The Request for Certificate of Compliance for the Farmer's Porch Addition at 213 Run Hill Road was reviewed by the Brewster Conservation Commission at its regularly -scheduled meeting on December 16, 2014 The Commission found that a Certificate of Compliance could not be issued at this time and took no action on your request. The outstanding issue is Condition # A27. "The Conservation Commission shall require one to three full growing seasons for mitigation plantings before issuing a Certificate of Compliance.." Any plantings that fail to survive shall be replaced in kind. Upon inspection of the property I observed that the construction portion of the project appears to be in substantial compliance with the Order of Conditions. Specifically, roof runoff is contained, driveway areas are pervious, exterior lighting appears to be in compliance, and disturbed areas have been substantially stabilized. Enclosed please find a Conservation Compliance Statement for the Building Department. This Compliance Statement is not the final Certificate of Compliance for the project. In the fall of 2015, after a full growing season, you can request an inspection of the mitigation plantings and the Conservation Commission can revisit the request for Certificate of Compliance. You have already paid the Certificate of Compliance fee, and will not need to submit a new fee in 2015. Additionally, at my site visit we discussed maintaining the existing stone walls and landscape beds. I approved the stone work around the landscape beds and driveway areas as a minor modification to the approved plans. If you have any questions, or need additional information, please feel free tc contact me at the Conservation Office at the number listed above. Sincerely, James M. Gallagher Conservation Administrator ENC CC: Brewster Building Department h-lamlyn Consulting Eric Oman WWW.TOWN.BREWSTER.MA.US HAMILYN CONSULTING 690 Thousand Oaks Drive. Brewster, MA 02631 • Phone & 15081258-321 December 3, 2014 Brewster Conservation Commission Brewster Town Offices 2198 Route 6A Brewster, MA 02631 Reference: John M. Aubin, Jr. 213 Run Hill Road, Brewster, MA Wetlands File No. SE 9-1619 Request for Certificate of Compliance Dear Commission Members: The Conservation Commission issued an Order of Conditions approving the construction of an addition to a single-family house at 213 Run Hill Road, Brewster, MA under Wetlands File No. SE 9-1619, dated April 4, 2014. Attached are photographs showing the undisturbed buffer to the wetland, post- construction. As approved by the Conservation Administrator prior to implementation, the mitigation plantings were relocated along the slope north of the dwelling. A minimum of 41 shrubs were required in accordance with Special Condition #A26; fifty-six shrubs were planted. Roof run-off is directed to subsurface drywells. As stated at the hearing, if not required by the Building Department, no as-built plan would be required by the Commission. The Building Commissioner did not require an as-built plan. As the project is in substantial compliance with the Order and plan, the Applicant requests that a Certificate of Compliance be issued at this time. If you have any questions or require additional information, please call me at 508-258-3211. Yours truly, Lynne Whiting Hamlyn Environmental Consultant cc: Eric Oman Dear Members of The Board, I would first like to say thank you for taking the time to go over and sign off on the "Certificate of Compliance" work that was done located at 213 Run Hill Rd back in 2013/2014. Last week May 25th on Tuesday Noelle Aguiar from the Conservation Dept met us at the stated property to go over and look at site plans and how all had come together. During this meeting and walk of the property we discussed a few issues and problems we have experienced with the procedure or lack of procedure from conservation back when James Gallager had visited the property multiple times and re assured us that we were all set and he would take care of the associated paperwork to get our Certificate of Compliance signed off. After discussing our disappointment with the past procedures, we then moved forward with Noelle about the current problem at the property, the planting done on the banking next to the house only has 2 plants that have survived. We explained to Noelle the particular bank where the plantings were done are by no fault of anyone except mother nature, the bank has been a snapping turtle nesting ground, as well as painted turtle. We did not notice this right away and the plantings started slowly dying off a few years later. The nesting snappers slowly torn up the whole bank over the years and you will see by the pictures I have provided how they dig and tear apart the area. If you look at the sited area you can see clearly the damage, they have done over the years to the whole sloping area, there are areas where they have dug in the same spots and nothing really grows. Some years there have been upwards to 4 turtle nests and so far, this year we have only seen one. After explaining our situation to Noelle, she did reassure us that it is out of our control that nature intended that particular area to be used differently and that we are not responsible for that failure. After walking the property including around the pond, we showed Noelle all the plantings that we have done over the years that was not asked of us. We created a very large pollinator garden; we have planted swamp milkweed around the edges of the pond. Noelle advised us that we have more than made up for the turtle nesting area that didn't survive. John and I (Heather) have never used any pesticides, fertilizer or any sort of poison, we are nature enthusiasts and have been so happy to watch and care for this truly unique property. We ask you The Conservation Dept to please sign off on the Certificate of Compliance so we can now pass this beautiful property onto the next steward who wants to appreciate and care for it as much as we do. We placed our home at 213 Run Hill Rd, Brewster on the market last Wednesday, we had multiple bids, we chose a professional couple for less money for we knew where right for this unique property. I have included in this packet a letter they wrote to us. Reading their letter to us, I completely understood their feelings and their excitement in the potential new adventure for them. That is what this home and property does, even if you're not into frogs, birds, snakes and turtles you can still sit and be completely relaxed at the privacy and serenity this property provides. I have also provided in this packet a few pictures that have been taken over the years that I thought you would enjoy but also show our integrity as the stewards of this property. You will see everything from the nesting turtles tearing up the bank, to the painted turtles in the pond, the baby snappers I have watched and found hatching, crawfish in the pond, the monarch caterpillars on the swamp milkweed, the clover I planted in my grass for the bees, a humming moth and lastly the pair of bald eagles I have enjoyed watching the last couple years. All these pictures taken right out my door step. While walking around the house with Noelle, she pointed out and made the suggestion to point our motion lights down so they would not interfere with the wetland area, we pointed them as she told us. Conversation about the dock on the pond getting new top planks we were told by Jim Gallager it was covered under the house remodel permit. Thank you for taking time to review our request. Respectfully, John Aubin & Heather Merrill Dear Members of The Board, Per conditions of the permit at 213 Run Hill Rd we completed the front farmers porch and the mudroom addition. Please see pics: i Per conditions of this permit, we completed the mitigation planting which over time was not successful due to nesting turtles. I have provided the pics in the packet that was provided. There are stil l 2 plants remaining that were not destroyed. Although this area failed, you will see by my pictures provided that we have completed a 40 square foot pollinator garden, planted 3 river birch along the edge of the pond, a pine tree, a maple tree and 4 magnolia trees. We have created many other flower beds that include roses, lilacs and planted around 15-20 butterfly bushes all over the property. We also planted 15-20 swamp milkweed weed all along the edge of pond. Please see pics: ' • ' 4-•,...,1 /....• ,,•44 16.*:s t''' -ik • Ii44 i 'vice i: -4 • fr. Jil f T.m-. 4 , 3' - flii0A----'" 'd" ' ' .1.1, , • ....... r; b - - ,•,„ • - ..., 44! #, ,40,,...ot , . '.•*.,,,* .4....,•:. _ . • y .----..----, „pi -ft.-4-- , 4.— ..... .....•- ..1. ..- sis• ibt - 4'. 75 ‘ • • . .. •1.1sW. .. 4'...,r ._ .• ' - t i t4".." ' • • Xe - v#'10"ros v • v - • _, ...zit - „......:! ' ' . •01 . , 11-4. • ,-..-. -tkof.,,;,—•—r- 11,4.-...t.• ,. -• . ti,11; 0.1/1.•" 4 1 ' ' • ' 771, b • Itim 4 6.. . !...i:jbf '1 1- .. •-• 4 • .. . -4110,--144.16 • • • • e ' A .---,•,' - -."--' - .. 17*.-v= "'• --_-'1Eiv,ii7-7 p- • iour - - Plk .4fIlt t '-.....:,. -4irt . . .--,-, tP si ...., sa, A2 j ip. # i. .-61lik . FAE Naa. • arras -J4. tat:, • stasiA4.44m)•, tlY 74=ammowewoutirra-.5 .1-A., rAck".94MWM11111111M tl nileiliaLm-ilkt. • ev,Ir ulana.,1 An - - MINENIMMmvaiww-• Also per Noelle suggestions motion light shave been pointed downward away from the wetland area. Dear Mr. Aubin- My wife Leslie and I were fortunate enough to receive a showing of your home on Saturday morning before the Open House began. Despite the rainy weather, as nice as the house looked in the listing it was even more impressive in person. The craftsmanship and quality of the fixtures, appliances, doors and windows/skylights were of a level that we would never have dreamed of. We have looked at a lot of houses in Cape Cod, and even those that we've liked we come away thinking, "Well, if we renovated the kitchen or bathrooms or added a room...". We would not change a thing to this house or property. It's clear that meticulous attention, precision and recognition of quality were central factors in the property's renovation. We've had houses built and renovated for us and there were always corners that were cut. Not here. And the love and care put into the renovation was done by someone who truly cared about quality. As I walked around the property with the caretaker, he told me details about the property, surrounding area, lawn, pond and gardens that make it a truly unique home Leslie and I would be proud stewards of the house and property and will maintain the standards that you've set. She is also one who recognizes quality and I have always dreamed of having a property with a pond and privacy, like the one that I fished in my youth. We truly appreciate what exists here. I hope that you'll choose to reward us with the pleasure of maintaining this one - of -a kind property, it would bring us great joy and peace. Thanks very much, Steve Stephen Lincoln 2 Chesterfield Rd Stamford, CT 06902 ' ',.. -- -, ' • -• ;‘ • ..,..4••:,_.,:' •„.*:.. . • 0411‘• . !--.6.• . 4"-&-- • . . '4 ')... ;C,.•" .. ' • • ' ' 1_•••,._• I.- • -.. - - . - -): N' to 4i4' 0: ' ..i....: .,_ • ....A6,..eik ats, ...-.6.. ..e. -440;.c.1,.' ;•( : 011 . ,r, . ... 0. , ,„1.> ,-.... „, :- „,„„ ..,-.• 44, ,.,,„,! • +.• , "7„.,.., ,,„ s r • -'-• .-,17-; - - l'1,-','",g # • c-'"r• ..".• '-7314.-..7t: ..- . 1 .... • . ),.... . , ,... . r ........ . •iirt, • • r 1.1 . I, I.- ...c. 51111141 • r • . t Ir. .., , • I ..., — , ' • 44 '161 ''. • • . Tor r•ri' -. — . . • • , , . . . 4., , •••• : • • "411V, ,71,7 <••• 4t . tt, '17.. • i Haim% - •• • -f l ilt- _ ...dor Nib._ , , 1 Date: 5/6/2021 Project No. C11032.03 To: Brewster Conservation Commission by email – conservation@brewster-ma.gov From: Erica L. Norman, Coastal Engineering Company cc: Noelle Aguiar, Brewster Conservation Administrator by email Suzanne Bruno, Homeowner, by email Subject: 279 Crocker Lane Waive Special Condition Request As per the approved OOC SE 9-1707 and referenced plan, the subject property has an annual nourishment requirement. With a low energy storm season during 2020-2021, the subject property has experienced no bank erosion. With no bank erosion the homeowners request a waiver to the annual nourishment requirement for Spring 2021. Due to a low energy storm season the homeowners would like to request to have the annual nourishment requirement waived. On behalf of the homeowners we would like to request a one-time waiver to the OOC SE 9-1707 and not place nourishment this Spring. Please feel free to reach out with any questions and let me know the decision when it is available. Sincerely, Erica Norman D:\DOC\C11000\11032.03\Monitoring\2020-2021\AnnualNourishmentWaiver2021.docx Date: 5/6/2021 Project No. C18487.00 To: Brewster Conservation Commission by email – conservation@brewster-ma.gov From: Erica Norman, Coastal Engineering Company cc: Noelle Aguiar, Brewster Conservation Administrator by email Kimberly Pearson, Homeowner, by email Subject: 289 Crocker Lane Waive Special Condition Request As per the approved OOC SE 9-1708 and referenced plan, the subject property has an annual nourishment requirement. With a low energy storm season during 2020-2021 storm season, the subject property has experienced no bank erosion. With no bank erosion the homeowners request a waiver to the annual nourishment requirement for Spring 2021. Due to a low energy storm season the homeowners would like to request to have the annual nourishment requirement waived. On behalf of the homeowners we would like to request a one-time waiver to the OOC SE 9-1708 and not place nourishment this Spring. Please feel free to reach out with any questions and let me know the decision when it is available. Sincerely, Erica Norman D:\DOC\C18400\18487\Monitoring\2020-2021\AnnualNourishmentWaiver2021.docx