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
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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:
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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
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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