HomeMy Public PortalAbout2021 07 13 Public Meeting PacketO
U
ST
DB
SAS
Reserve
24x5
12.3Pl Bk 197 Pg 431.) Assessor's Map 34 Parcel 48
2.) Deed Book 30263 Page 295
3.) Plan Book 197 Page 43
4.) This property is not in a Zone II of a Public
Water Supply
5.) Flood Zone: A, C
EXISTING SPOT GRADE
PROPOSED SPOT GRADE
EXISTING CONTOUR
PROPOSED CONTOUR
WATER SERVICE LINE
OVERHEAD UTILITY LINES
UNDERGROUND UTILITY LINES
GAS SERVICE LINE
TOP OF BANK
LIMIT OF WORK
EDGE OF CLEARING
FENCE
TEST HOLE LOCATION
SEPTIC TANK
DISTRIBUTION BOX
SOIL ABSORPTION SYSTEM
RESERVED FOR FUTURE USE
UTILITY POLE
CATCH BASIN
FIRE HYDRANT
DRINKING WATER WELL
CONCRETE BOUND
SITE LOCUS
NOT TO SCALE
LEGEND
LOCUS
BENCHMARK
Top Concrete Bound
EL=43.5 (NAVD1988 Datum)
Existing Shell
Drive
SITE PLAN
SCALE: 1" = 20'
0 20 40
SCALE 1"=20'
60
C:\CSN\BE-Mill Pond\BE-Mill Pond-Walkway Plan.dwg
LOT 28
Area=20,103 S.F.±
BREWSTER,
MA
24
24
SURVEY BY:
80 Mill Pond Dr., Brewster, MA
PHONE: (508) 896-1706 FAX: (508) 896-5109
DATE SCALE BY CHECK JOB NUMBER
K11350DCBLJCAs Noted06/04/2021
Title:
Project:
1573 MAIN STREET, P.O. BOX 1743, BREWSTER, MA 02631
A NATURAL SYSTEMS UTILITIES COMPANY
www.bennett-ea.com
GEOLOGISTS, ENGINEERS
BEA
BENNETT ENVIRONMENTAL
ASSOCIATES, LLC.
Elevated Walkway, Platform, & Seasonal Dock Plan
Carmine Cutone & Christy Harvey
LICENSED SITE PROFESSIONALS, ENVIRONMENTAL SCIENTISTS,
80 Mill Pond Dr., Brewster, MA [Parcel ID 34-48-0]
471 Greendale Ave., Needham, MA 02942
2"x6" DECKING, 3/4" SPACING
2"x8" YOKE
GRADE12" MIN3/4" DIAMETER STAINLESS
WALKWAY
EL = 32.0
CROSS-SECTION (TYP.)
NOT TO SCALE
CROSS-SECTION (TYP.)
NOT TO SCALE
2"x12" JOISTS (USE 4)
STEEL BOLT (TYPICAL)
4"x4" POST
4' minExisting Grade
PROFILE VIEW (A - A')
SCALE: 1" = 20'
40
30
0+00 60+0050+0010+00 40+0020+00 30+00 90+0080+0070+00
20
Approximate Electric
Easement (150' Wide)
1
2
'
1
6
'3'12'3'
100' Buffer
Zone
50' Buffer
Zone10'6'4'1
0
'
Bench
Kayak
Racks
EL=32.0
CONSERVATION NOTES:
1.) INSTRUMENT SURVEY CONDUCTED FOR PROPOSED WORK ONLY. SITE
PLAN SHALL NOT BE USED FOR STAKING, OR ANY OTHER PURPOSES.
2.) THIS PLAN DOES NOT CERTIFY, GUARANTEE OR WARRANTY
COMPLIANCE WITH DEEDED OR ZONING BYLAWS, SPECIFICALLY, BUT NOT
LIMITED TO, SIDELINE SETBACKS AND BUILDING HEIGHT RESTRICTIONS.
OWNER IS RESPONSIBLE FOR OBTAINING SUCH A DETERMINATION FROM
THE APPROPRIATE AUTHORITY.
3.) LOCATION OF UTILITIES IS APPROXIMATE AND CONTRACTOR SHALL BE
RESPONSIBLE FOR DETERMINING THE LOCATION OF ALL UNDERGROUND
AND OVERHEAD UTILITIES PRIOR TO COMMENCEMENT OF ANY WORK. THIS
INCLUDES, BUT IS NOT LIMITED TO, REQUESTS TO DIGSAFE, ANY PRIVATE
UTILITY COMPANIES, AND THE LOCAL WATER DEPARTMENT.
4.) DETAILS ARE FOR DESIGN PURPOSES ONLY AND SHALL NOT BE USED
FOR CONSTRUCTION.
1. BENCHMARK: CONCRETE BOUND EL = 43.5 (NAVD1988 DATUM)
2. ALL WORK SHALL BE UNDERTAKEN IN ACCORDANCE WITH ANY ORDER OF CONDITIONS
ISSUED BY THE BREWSTER CONSERVATION COMMISSION.
3. THE PROPOSED STAIRWAY SHALL BE CONSTRUCTED OF STANDARD DIMENSIONED
LUMBER AS INDICATED ON THE TYPICAL DETAIL. THE FRAME TIMER STOCK SHALL BE OF A
PRESSURE TREATED (ACQ OR APPROVED EQUAL) CONSTRUCTION GRADE FIR OR YELLOW
PINE. SUBSTITUTION OF COMPOSITE MATERIALS FOR ANY TIMBER.
4. WHERE STRINGERS ARE MORE THAN 10' LONG INSTALL A RIGID BEAM AT MID SPAN TO
ADD SUPPORT TO THE STRUCTURE.
5. HARDWARE SHALL BE STAINLESS STEEL OR HOT-DIP GALVANIZED STEEL. ALL BOLTS
SHALL BE THRU-BOLTS WITH NUTS AND WASHERS. USE OF LAG BOLTS AND TIMBER-LOCK
SCREWS SHALL BE UPON OWNER/ENGINEER APPROVAL.
6. HANDRAIL MAY BE OF A SOFTER WOOD OR COMPOSITE VARIETY SUBJECT TO OWNER'S
APPROVAL.
7. MATERIALS DELIVERY, REFUSE AND DEBRIS COLLECTION, STORAGE PICKUP SHALL BE
FROM THE UPPER BANK UTILIZING AS MUCH AS POSSIBLE THE EXISTING AND COMPLETED
PORTIONS OF THE STAIRWAY.
8. OWING TO MINOR TOPOGRAPHIC VARIATIONS AND SPECIFIC EVALUATION OF THE NEED
FOR PRUNING AT THE TIME OF CONSTRUCTION, THE PROPOSED STAIRWAY LAYOUT MAY BE
SUBJECT TO ADJUSTMENT. THE STAIRWAY STRINGERS MAY BE BEST FITTED TO THE SLOPE
WHERE NECESSARY IN GENERAL ACCORDANCE WITH THE PLAN AND THE EXISTING STAIRWAY.
9. EACH DAY THE SITE SHALL BE CLEANED OF DEBRIS SUCH AS DISCARD WOOD OR OTHER
CONSTRUCTION MATERIAL. THE REFUSE SHALL BE PLACED IN A CLOSED BIN OR DUMPSTER
AT THE SITE OUT OF THE BUFFER ZONE. THIS REQUIREMENT SHALL BE SUBJECT TO
REGULATORY INSPECTION.
10. POST SUPPORT INSTALLATION SHALL BE ACCOMPLISHED BY SUITABLE POST HOLE
CORER, COMPACTED IN PLACE, OF A MINIMUM OF 4' DEPTH AS MEASURED FROM ANY POINT
ON THE SLOPE. POST BACKING SHALL BE HAND TOOL COMPACTED IN 6" LIFTS SUBJECT TO
INSPECTION FOR PROPER FIXITY. EXCESS SOIL SHALL BE REMOVED AND SCATTERED INTO
THE SURFACE VEGETATION.
CONSTRUCTION NOTES:
NOTES:
AREA UNDER ELEVATED WALK/STAIRS: 117 SF±
NATIVE GRASSES, LOAM AND SEEDED WITH STAKED
JUTE COVER (CREEPY RED FESCUE, WILD RYE)
AREA OUTSIDE ELEVATED WALK/STAIRS: 180 SF ±
LOW LYING (LOWBUSH BLUEBERRY 4 - 1 GALLON 3' OC)
LOW LYING (BEACH PLUM 6 - 5 GALLON 5' OC)
RESTORATIVE PLANTING:
3.02 (3) NO ACTIVITY... WHICH WILL RESULT IN BUILDING IN OR WITHIN
50' OF A BVW SHALL BE PERMITTED.
50' REQUIRED, 0' PROVIDED, 50' VARIANCE REQUESTED
9.05 DOCKS SHOULD NOT BE ANY WIDER THAN 4'
4' REQUIRED, 6' PROVIDED, 2' VARIANCE REQUESTED
9.06 DOCKS SHOULD ACHIEVE A TERMINAL DEPTH OF 2.5 FEET AT THE
ABOVE MENTIONED AVERAGE WATER DEPTH WITHIN 25' FROM
AVERAGE EDGE OF WATER.
2.5' REQUIRED, 2.0' PROVIDED, 0.5' VARIANCE REQUESTED
VARIANCES UNDER BREWSTER WETLANDS BY-LAWS:
1.) ALL PROPOSED VEGETATION SHALL BE INDIGENOUS TO THE AREA AND
APPROVED BY THE BREWSTER CONSERVATION COMMISSION - SEE
RESTORATIVE PLANTING SCHEDULE.
2.) CONTRACTOR, BUILDER AND OWNER SHALL REVIEW THE ORDER OF
CONDITIONS PRIOR TO AND DURING CONSTRUCTION.
3.) THE LIMIT OF WORK LINE SHALL BE 5' BEYOND THE EXTERIOR OF THE
STAIRWAY AND LANDINGS. A ROW OF DOUBLE STAKED COIR LOGS SHALL BE
CONSTRUCTED ALONG THE LIMIT OF WORK LINE PRIOR TO THE
COMMENCEMENT OF ANY WORK. THE VEGETATION WITHIN 1' OF THE
STAIRWAY/LANDINGS MAY BE PRUNED BACK FOR THE CONSTRUCTION OF THE
STAIRWAY, AND AS STANDARD MAINTENANCE ALONG AND UNDER THE
WALKWAY. NO ROOT MASS IS TO BE REMOVED EXCEPT FOR THE INSTALLATION
OF THE POSTS.
Proposed
Stairway
Proposed 12' x 16'
Landing with
Storage Racks
Proposed 6' x 10'
Seasonal Dock
Proposed
Elevated
Walkway
Proposed 4' x 10'
Seasonal Dock
Proposed 3' x 12'
Gangway
50
40
30
20
50
Existing Grade
Steps 3' x 32' Elevated Walkway 12' x 16' Landing 3' x 12' Gangway
4' x 10' Dock
6' x 10'
Dock
1"x6" CAP
2"x4" RAIL
2"x6" RAIL
4"x4" POST
2"x6" DECKING, 3/4" SPACING36"15'
16'
2"x8" YOKE
GRADE12" MIN15'4"
3/4" DIAMETER STAINLESS
LANDING
EL = 32.0
CROSS-SECTION (TYP.)
NOT TO SCALE
2"x12" (12" O.C.) JOISTS (Typ.)
STEEL BOLT (TYPICAL)
4"x4" POST
4' minSTAIRWAY
Water Elevation
1"x4" CAP
4"x4" POST
3' max5'minLeg Pad AA'Birdhouse
Birdhouse
Construction Access along common
way (Mill Pond Homeowners)
33"
44"
36"
2"x4" RAIL
2"x6" RAIL
1"x6" CAP
2"x4" RAIL
2"x6" RAIL
4"x4" POST
2"x6" DECKING
2"x12" STAIRWAY
2"x8" YOKE
Existing Grade
STRINGERS
3/4" SPACING
4"x4" POST
4' minConcrete Pad
Notice of Intent
Limi
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W
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Limi
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Important: When
filling out forms
on the computer,
use only the tab
key to move your
cursor - do not
use the return
key.
4 ;
Note:
Before
completing this
form consult
your local
Conservation
Commission
regarding any
municipal bylaw
or ordinance.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 4B - Order of Resource Area
Delineation
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1689
MassDEP File Number
eDEP Transaction Number
Brewster
City/Town
A. General Information
From: 1. Conservation Commission
Brewster
2. This Issuance is for (check one):
a. Z Order of Resource Area Delineation
b. q Amended Order of Resource Area Delineation
3. Applicant:
David Fulton
a. First Name b. Last Name
c. Organization
129 South Street, 4th Floor
d. Mailing Address
Boston
e. City/Town
4. Property Owner (if different from applicant):
Herbert B. and Ellen C.
a. First Name
MA
f. State
Fulton
02111
g. Zip Code
b. Last Name
c. Organization
121 Old Oaken Bucket Road
d. Mailing Address
Norwell
e. City/Town
5. Project Location:
0 Mill Pond Drive
MA
f. State
Brewster
a. Street Address b. City/Town
34 48 (formerly 36/87)
d. Assessors Map/Plat Number
Latitude and Longitude
(in degrees, minutes, seconds):
6. Dates: October 30, 2015
e. Parcel/Lot Number
d m s
f. Latitude
November 18, 2015
a. Date ANRAD filed b. Date Public Hearing Closed
02061
g. Zip Code
02631
c. Zip Code
d
g. Longitude
December 2, 2015
c. Date of Issuance
7. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Ryder and Wilcox, Topographic Plan of Land...6 Mill Pond Drive...
Philip O.Scholomiti, PLS
c. Title
10/28/15
b. Date
d. Date
wpaform4b.doc • rev. 12/23/09 WPA 48, Order of Resource Area Delineation • Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 4B - Order of Resource Area
Delineation
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40
Provided by MassDEP:
SE 9-1689
MassDEP File Number
eDEP Transaction Number
Brewster
City/Town
B. Order of Delineation
1. The Conservation Commission has determined the following (check whichever is applicable):
a. Z Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated
Notice of Resource Area Delineation are accurately drawn for the following resource area(s):
1. [Z1 Bordering Vegetated Wetlands
2. Z Other resource area(s), specifically:
a. Amended sheet 2: Inland Bank labled "Edge of Pond" on approved plan (see page 1).
b. q Modified: The boundaries described on the plan(s) referenced above, as modified by the
Conservation Commission from the plans contained in the Abbreviated Notice of Resource
Area Delineation, are accurately drawn from the following resource area(s):
1. q Bordering Vegetated Wetlands
2. q Other resource area(s), specifically:
a.
c. q Inaccurate: The boundaries described on the referenced plan(s) and in the Abbreviated
Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed
for the following resource area(s):
1 . q Bordering Vegetated Wetlands
2. q Other resource area(s), specifically:
3. q The boundaries were determined to be inaccurate because:
wpaform4b doc • rev 12/23/09 WPA 46, Order of Resource Area Delineation • Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 4B - Order of Resource Area
Delineation
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1689
MassDEP File Number
eDEP Transaction Number
Brewster
City/Town
C. Findings
This Order of Resource Area Delineation determines that the boundaries of those resource areas noted
above, have been delineated and approved by the Commission and are binding as to all decisions
rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, § 40) and its regulations
(310 CMR 10.00). This Order does not, however, determine the boundaries of any resource area or Buffer
Zone to any resource area not specifically noted above, regardless of whether such boundaries are
contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation.
This Order must be signed by a majority of the Conservation Commission. The Order must be sent by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate DEP Regional Office (see
http://www.mass.qov/dep/about/reqion/findyour.htm).
D. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Resource Area
Delineation. When requested to issue a Superseding Order of Resource Area Delineation, the
Department's review is limited to the objections to the resource area delineation(s) stated in the appeal
request. The request must be made by certified mail or hand delivery to the Department, with the
appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as
provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of
the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order of Resource Area Delineation will
be required to demonstrate prior participation in the review of this project. Previous participation in the
permit proceeding means the submission of written information to the Conservation Commission prior to
the close of the public hearing, requesting a Superseding Order or Determination, or providing written
information to the Department prior to issuance of a Superseding Order or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal bylaw or ordinance, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate
jurisdiction.
weaform4b.doc • rev. 12/23/09 WPA 46. Order of Resource Area Delineation • Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 4B - Order of Resource Area
Delineation
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
1L
MassDEP File Number
eDEP Transaction Number
t_1"514"-c-1.-
City/Town
E. Signatures
Please indic to the number of members who will sign this fo
Sigr le of conservation Commission Member
(,3( .
Signature of Clonservation Commission Me
/1.
ber
2/1'5-
Date of Issuance
1. Number of Signers
Signature of Conservation Commission Member
Signaturggf Conservation Commission Member
Signature of Conservation Commission Member
Signature of Conservation Commission Member
This Order is valid for three years from the date of issuance.
If this Order constitutes an Amended Order of Resource Area Delineation, this Order does not extend
the issuance date of the original Final Order, which expires on unless extended in writing by
the issuing authority.
This Order is issued to the applicant and the property owner (if different) as follows:
2. E By hand delivery on 3. ix By certified mail, return receipt requested on
a. Date
--e
a. Date
41_,. PV1 sa 4-•
wpaforrn4b doc • rev 12/23/09 WPA 4B. Order of Resource Area Delineation • Page 4 of 4
6088 SEQ #: 6,3189/24/2020Key:Town of BREWSTER - Fiscal Year 2021 1:33 pm
DESCRIPTION CARDBNPARCEL ID CLASS%
ofSINGLE FAMILY80 MILL POND DRIVE34-48-0 11 11010
%1stINSPAMOUNTDESCTYPMT NOT PMT DTSALE PRICE BK-PG (Cert)BYDOSTRANSFER HISTORY
ADJ BASE SAFCD CREDIT AMTTNbhdAC/SF/UN St Ind Infl Topo Lpi
0RRFRNTZONING CURRENT ASSESSED PREVIOUS TOTAL
N
O
T
E
LAND 264,200 264,200
BUILDING 525,800 388,100 NBHD 12Nbhd
DETACHED 0 0 St Ind MILL POND
OTHER 0 0 AVERAGEInfl
TOTAL
RCNLDTY
MODEL 1 RESIDENTIAL
QUAL COND ADJ PRICEDIM/NOTE UNITSYB
A+QUALITY AVG + [100%] 1.20
STYLE 4 1.02 CAPE [100%]
FRAME 1 1.00 WD FRAME [100%]
2017YEAR BLT
MEASURE NF7/15/2019
EFF.YR/AGE
LIST EST7/8/2020
REVIEW MR7/20/2020
$NLA(RCN)
NET AREA
1.000
2,293
536,514
2 2 %COND
0FUNC
0ECON
DEPR 2 % GD 98
$525,800
BAT TCD ADJ PRICE RCNUNITSDESCRIPTIONDESCRIPTIONADJELEMENT
UNITSCAPACITY
BLDG COMMENTS
ADJ
1.75
6
3
2
10
2
0
1
1
STORIES
ROOMS
BEDROOMS
BATHROOMS
FIXTURES
GARAGE SPACES
% BSMT FIN
# 1/2 BATHS
# OF UNITS
1.00
1.00
1.00
1.00
$16,380
1.00
1.00
1.00
1.00
100 S 41,800 12 1.00 12N 1.00 A 1.00 215,926 1.28 15 0.85 PF2 1.90 264,180
VC
INT EST FROM PLANS 7/15/19 - (PROPANE)
INFO AT DOOR
T=PL EASMT
$234
100
83
1000
01/28/2019
12/12/2017
ALTERATIONS
NEW CONSTRUC
10,000
250,000
07/08/2020
07/08/2020
MR
MR
0
100
0
100
RITCHIE SANDRA & SMITH MI
FULTON HERBERT B & ELLEN
FULTON HERBERT B & ELLEN
01/27/2017
07/02/2015
11/03/1969
H
F
XX
90,000
100
30263-295
28987-214
1454-171
41,800 SF
ADJ VALUE
LOCATION CLASSCURRENT OWNER
L
E
G
A
L
L
A
N
D
D
E
T
A
C
H
E
D
B
U
I
L
D
I
N
G
S YB TOTAL RCN
RCNLD
SIZE ADJ
7
1
DETAIL ADJ
OVERALL
1.000
1.050 EXTERIOR
INTERIOR
KITCHEN
BATHS
HEAT/ELEC
A
A
A
A
A
BN ID
CONDITION ELEM CD
CD ADJ DESC
2017 / 2
BMU
BAS
USF
OPA
WDK
BIG
USU
PTA
GFP
N
L
L
N
N
N
N
N
O
1,567
1,567
726
191
405
528
396
332
1
40.46
185.84
141.38
38.56
30.12
38.33
43.41
10.50
2,404.10
63,403
291,207
102,645
7,365
12,197
20,238
17,190
3,485
2,404
BSMT UNFINISHED
BASE AREA
UPPER STORY FIN
OPEN PORCH
WOOD DECK
BUILT-IN GARAGE
UPPER STORY UNF
PATIO
GAS FIREPLACE
+
+
+
+
+
H
H
J
2017
2017
1.00
1.00
1.00
1.00
1.00
1.00
1.03
1.00
4
1
1
1
1
2
9
2
FOUNDATION
EXT COVER
ROOF SHAPE
ROOF COVER
FLOOR COVER
INT FINISH
HEATING/COOL
FUEL SOURCE
FLR & WALL
WD SHINGLE
GABLE
ASPH/CMP SH
HARDWOOD
DRYWALL
WARM/CL AIR
GAS
PHOTO 07/08/2020
BUILDING
652,300 790,000
RITCHIE SANDRA & SMITH MICHAEL J
21 LABRADOR LANE
BREWSTER, MA 02631
EcoTec, Inc.
ENVIRONMENTAL CONSULTING SERVICES
102 Grove Street
Worcester, MA 01605-2629
508-752-9666 – Fax: 508-752-9494
July 9, 2021
David C. Bennett
Bennett Environmental Associates/Natural Systems Utilities
1573 Main Street,
Brewster, MA, 02631
Re: Environmental/Habitat Impact Analysis for Proposed Elevated Walkway and Dock at
80 Mill Pond Drive, Brewster, Massachusetts
Dear Mr. Bennett:
On June 21, 2021, I visited the above-referenced property (hereinafter referred to as the
site) to evaluate the potential wetland and wildlife habitat impacts from the elevated
walkway and dock system proposed on the site. The elevated walkway and seasonal dock,
which will be constructed to access Lower Mill Pond (Pond), located northwest of the
existing single-family dwelling, is shown on the plan entitled: "Elevated Walkway Plan,
80 Mill Pond Dr., Brewster, MA."; Dated: 05/08/2021; Prepared by: Bennett
Environmental Associates, LLC. (Plan). The following is a description of my findings.
The southeastern portion of the site contains a single-family dwelling, with associated
driveway and yard area. To the rear of the house there is a large area where the vegetation
is actively managed beneath an array of overhead electric power lines. To the rear of the
power line clearing is an area which is densely vegetated upland dominated by sweet
pepperbush (Clethra alnifolia) and horse briar (Smilax rotundifolia). Further northwest,
the topography drops sharply toward the Pond and a narrow band of bordering vegetated
wetland (“BVW”) - see site plan for wetland delineation. Within the BVW, pepperbush is
still prevalent, with highbush blueberry (Vaccinium corymbosum) and poison ivy
(Toxicodendron radicans) also present within the shrub community, with scattered red
maple (Acer rubrum) trees. Due to the presence of the dense shrub community, there is
little ground cover above the pond bank except for small pepperbush.
At the lower edge of the BVW there is a relatively abrupt transition to a pond fringe
community dominated by buttonbush (Cephalanthus occidentalis) with scattered grass
tussocks and sedges (Cyperaceae sp.) as well as submerged aquatics. Beyond the
immediate shoreline, there is primarily open water with occasional yellow pond lily
(Nuphar lutea). Photographs of the plant communities present at the site area attached.
The pond area where the dock and float are proposed was inspected by walking with
waders. Beyond the buttonbush-dominated fringe, the Pond in the proposed project area
is mostly unvegetated. The water depth is a maximum of approximately 3-feet within the
work area. The bottom substrate is firm sand with a thin layer of organic detritus
consisting primarily of leaves and sticks that appear to have collected in the area as a
result of prevailing winds. Due to the accumulated natural detritus, the presence of
shellfish appears unlikely (mussels were observed in other more open sandy substrate
areas that were traversed while wading to the project locus).
Due to the elevated nature and narrow width of the proposed walkway, it is anticipated
that the pepperbush-dominated and buttonbush-dominated plant communities in the two
primary vegetation zones will continue to vegetate the area below the walkway, with no
bare unvegetated areas or soil instability anticipated. Within the pond, the proposed float
is located in an area with little vegetation and a substrate dominated by accumulated
natural detritus on a hard sand bottom.
Summary:
The plant communities within the proposed work area are typical of the shoreline
communities observed throughout the surrounding areas, and do not represent unique
habitat in EcoTec’s opinion. It is also our opinion that the proposed installation and long-
term presence of the dock and float structures and limited vegetation clearing will not
result in a material change to the habitat value of the site.
If you have any questions regarding these findings, please feel free to call me at any time.
I am glad I could assist you with this project, and please let me know if I can be of any
help in the future.
Sincerely,
Paul J. McManus, PWS
President
Enclosures: Site Photos
Brewster- Mill Pond Dr. 80_Prop Dock Eval Report.doc
80 Mill Pond Drive, Brewster, Massachusetts – 6/21/21 – Photographs by Paul McManus, PWS - EcoTec Inc.
View toward pond from right side of the house, including
power line clearing area
View toward Pond of dense stand of sweet pepperbush where
walkway is proposed
View from Pond toward shoreline where walkway is proposed
View facing into Pond from area of proposed walkway and
dock
EcoTec, Inc.
ENVIRONMENTAL CONSULTING SERVICES
102 Grove Street
Worcester, MA 01605-2629
508-752-9666 – Fax: 508-752-9494
Paul J. McManus, LSP, PWS
President
Paul McManus is the President and owner of EcoTec, Inc., which he founded in 1990. He is a certified
Professional Wetlands Scientist (PWS) from the International Society of Wetlands Scientists (SWS), the leading
professional organization in the field, where he served as President of the New England Chapter of SWS,
representing the Chapter on the International Board of Directors for several years, and currently serves as
Chapter Treasurer. Mr. McManus is also a Massachusetts Licensed Site Professional (LSP) with experience
including a wide range of projects, focused on ecological risk assessment at sites with contaminated wetland
resources. Prior to the founding of EcoTec, Mr. McManus was employed at other Massachusetts consulting
firms and as an aquatic ecologist at the Massachusetts Division of Water Pollution Control. Mr. McManus
brings a wide variety of environmental consulting experience to EcoTec, including wetland evaluation and
delineation, lake and stream assessment, wildlife habitat evaluation, oil and hazardous materials ecological risk
assessment, and a variety of other types of environmental impact assessment. He has conducted detailed
wetland community surveys and impact restoration specifications in "Areas of Critical Environmental Concern"
(ACECs), and led the local, state and federal wetland permitting, including vernal pool mitigation design and a
Wetlands Protection Act Variance, at the MWRA's Norumbega Reservoir property in Weston. He has directed
hundreds of other wetlands projects at sites including large and small residential and commercial developments.
He has completed all phases of environmental permitting work, including wetland delineation, replication and
mitigation design, implementation, and monitoring in freshwater wetlands and salt marsh, as well as general
wildlife and rare species assessments and trapping, including marbled salamander, 4-toed salamander, wood
turtle, and eastern box turtle, under the MA Wetlands and Endangered Species Act Regulations. Permitting
efforts regularly include federal, local and state permitting, including filings under the Massachusetts
Environmental Policy Act (MEPA) regulations. Additional projects he has directed include major biological
and chemical marine sampling programs; he has been involved in a variety of freshwater system evaluations,
and conducted evaluations and sampling for proposed fresh water and marine dredging projects. He also has
experience in large scale soil reuse projects, where he completed wetland permitting and served as the
independent third-party monitor in accordance with voluntary Administrative Consent Orders for the sites. Mr.
McManus serves as a consultant on behalf of government, business, private citizens, utility companies, the
development community, conservation commissions, and concerned citizens' groups. He presently serves on a
continual basis as technical wetlands consultant for the Town of Dover Conservation Commission, and works
regularly for Boylston, Shrewsbury, and other Commissions providing peer review expertise for varied projects.
Education: Master of Science: Applied Marine Ecology - University of Massachusetts/Boston, 1988
Bachelor of Arts: Biology (Ecology emphasis) – College of the Holy Cross, Worcester, MA, 1984
U.S. Fish and Wildlife Service: Habitat Evaluation Procedure (HEP) Certification
Massachusetts Division of Water Pollution Control: Algal Assay (eutrophication) Short Course
Professional Affiliations: Massachusetts Association of Conservation Commissioners (Board of Directors)
(Partial list) Society of Wetland Scientists (Treasurer and former President of the New England Chapter)
Association of Massachusetts Wetlands Scientists
Licensed Site Professional Association
Certifications: Society of Wetlands Scientists Professional Wetlands Scientist # 962
Commonwealth of Massachusetts Licensed Site Professional # 5711
OSHA Health & Safety Hazardous Waste Safety Training, 29 CFR 1910.120 (40 hr & refresher)
TOWN OF BREWSTER
1657 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-4546
FAX: (508) 896-8089
CONSERVATION@BREWSTER-MA.GOV
OFFICE OF
CONSERVATION COMMISSION
Brewster Wetlands Protection By-law
NOTICE OF INTENT
The state form, “Notice of Intent”, is available on line at:
http://www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html
If you would like a print copy of the form, please telephone the Conservation Commission at (508)
896-4546.
Brewster Wetlands Protection By-law Section - Please complete each applicable form in this
package along with the above referenced state form application. Submit all completed forms,
materials, plans, and a check, made payable to the Town of Brewster, to the Conservation
Department so that your filing, under the MA Wetlands Protection Act and the Brewster Wetlands
Protection By-law, will be complete.
Contents: Brewster Wetlands Protection By-law Notice of Intent Application
1. Policy for Plans used for Wetlands Permitting
2. Notice of Intent Consultant File Review policy
3. Notice of Intent Filing Checklist
4. Brewster Wetlands Protection By-law Notice of Intent Addendum
5. Variance Justification Narrative Form (a reference guide)
6. Appendix A, Massachusetts Historical Commission Project Notification Form
7. Brewster Wetlands Protection By-law Notice to Abutters
8. Filing Fees and Fee Transmittal Form
9. Site Access Authorization Form
NOI 2018
TOWN OF BREWSTER
1657 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-4546
FAX: (508) 896-8089
CONSERVATION@BREWSTER-MA.GOV
OFFICE OF
CONSERVATION COMMISSION
Policy for Plans used for Wetlands Permitting
Adopted 11/26/02, Amended 3/15/05
Plans shall be submitted at a scale of 1 inch equals 20 feet, unless prior approval is
given by the Conservation Commission and/or the Conservation Administrator.
Plans shall provide a proper and clear identification of resources and any details
necessary to adequately describe the proposed activity.
The Following plans shall be submitted with the proper certifications as listed
below:
Construction Documents:
Engineering Design Professional Engineer (PE)
Site Plans including all new home construction PE and Professional Land
Surveyor (PLS)
Plot Plans with no engineering PLS
Subsurface Sewer Design over 2000 gpd PE
Subsurface Sewer Design under 2000 gpd PE or Registered Sanitarian
Docks, Stairways, or retaining walls over 3 feet in height PE
Landscape / Planting Plans No Stamp Required
Policy for Plans used for Wetlands Permitting
TOWN OF BREWSTER
1657 Main STREET
BREWSTER, MA 02631
PHONE: (508) 896-4546
FAX: (508) 896-8089
CONSERVATION@BREWSTER-MA.GOV
OFFICE OF
CONSERVATION COMMISSION
Notice of Intent File Review
For applicants filing Notices of Intent and Abbreviated Notices of Resource Area
Delineation, the Conservation Commission shall determine an appropriate consultant
fee, if necessary, to be deposited in an account that the Conservation Administrator
may draw upon to hire outside experts to assist in project review. The fee amount
shall be determined by the Commission and shall be dependent on the nature of the
project, proximity to resource areas, and extent of the work to be completed.
The services provided for this consultant fee include the following:
Review of application and plan;
Site inspections;
Resource Area identification; confirmation of delineation or
analysis as to why the delineation cannot be confirmed;
Evaluation of submitted materials and whether additional
information or documentation is necessary; contact with applicant
and/or his representative regarding these deficiencies or
additional materials;
Determination of resource area values applicable to the project;
Recommendation as to whether the proposed project meets the
performance standards and requirements under MGL c 131, s 40
and the Brewster Wetlands Protection By-law and Regulations;
Identification of possible questions or issues the Commission may
wish to explore;
The consultant fee is used to offset the cost of review and all mileage and
materials necessary.
Should a large or complex project require additional expenditure, the
consultant shall send written notification to the Commission explaining the
reasons additional fees are necessary.
WWW.BREWSTER-MA.GOV
NOTICE OF INTENT CONSULTANT FILE REVIEW POLICY
2018
TOWN OF BREWSTER
1657 Main STREET
BREWSTER, MA 02631
PHONE: (508) 896-4546
FAX: (508) 896-8089
CONSERVATION@BREWSTER-MA.GOV
OFFICE OF
CONSERVATION COMMISSION
Notice of Intent Filing Checklist
Brewster Wetlands Protection By-law
Before you submit your Notice of Intent to the Conservation Commission and
other applicable agencies, please complete and sign this check -list, showing
that you understand and have completed all of the forms and procedures
required for a Notice of Intent filing. The Conservation Commission will not
open the hearing if the filing is not complete.
The Conservation Commission requires one (1) electronic copy and three
3) paper (hard) copies of the Notice of Intent and attached plans for each
filing. Include each item of the application, with pages numbered
consecutively and in the order designated on this checklist. Staple these
pages together, and attach the plan or plans with a paper clip. All of the
pages and plan represent one copy of the application. The Conservation
Commission members now require only plans and a
narrative/variance narrative, and not the full NOI. Please send ten
10) plans and narrative, stapled to the plan
Submit only ONE copy of this checklist to the Conservation
Department.
Components of the Application
1. Contact the Brewster Assessors' Office to provide to you a
certified abutter’s list and a photocopy of the appropriate section
of the Town of Brewster Assessors' Map, showing the property
of your project and all abutting properties required for a legal
wetland filing under the Brewster Wetlands By-law. This list will
provide the names of all direct abutters to the property (first
abutters), all that abut the first abutters (second abutters) if they
are within 300 feet of the lot lines of the property, and lot(s)
directly across the street from your lot. The street is the first
abutter and lots directly across, second abutters.
If abutters are in another town, obtain a certified list of these
abutters from the assessors' office in that town, and submit it
and the appropriate assessors’ map in the application also.
2. Notify all abutters on the list of your proposed project on the
Notice to Abutters” form letter, by certified, return receipt mail
before or on the day of filing, and submit the Certified Mail
Receipts (Form 3800) as part of the filing. Submit the
Certified Mail Receipt of the application sent to the DEP and, if
applicable, the MA Division of Fisheries and Wildlife’s Natural
Heritage & Endangered Species Program. Submit the US
Postal Service Form 3811 at the hearing.
3. Complete and include all applicable sections of the
Notice of Intent (WPA Form 3).
4. Include MA Department of Environmental Protection (DEP)
State Appendix G. Field Data Form(s) for bordering vegetated
wetlands and other indicators of wetland hydrology. Submit
one form for each area tested; one form for the wetland area
and one for upland.
5. Include a photocopy of an 8" by 10" section of the appropriate
United States Geological Survey (USGS) Quadrangle Map
clearly showing the location of the project.
6. If applicable, send copies of the Notice of Intent application
and supporting documents by return receipt mail to the
Massachusetts Natural Heritage and Endangered Species
Program, the US Army Corps of Engineers, etc. Submit these
certified mail receipts (Form 3800) to the Conservation
Department.
7. Calculate the DEP fee on the DEP Wetland Fee Transmittal
Form and include it with the application. Send the form with a
check or money order for the state share, to the DEP Lock Box.
Include a copy of the fee transmittal form and the check in the
filing.
8. Include a clear, comprehensive narrative, describing all aspects
of the project.
9. Include the Brewster Wetlands Protection By-law Notice of
Intent Addendum.
10. If applicable to this filing, include a variance request
with alternatives analysis.
11. If applicable to this filing, include a copy of the “Appendix A MA
Historical Commission” (MHC) form; the original of which shall be
sent to MHC by certified, return receipt mail, and the Form 3800 to
the Conservation Department with the other return receipts. At this
time, the Brewster Conservation Commission requires this
notification only in cases in which the lot is undisturbed by an
existing structure.
12. Calculate the town filing fee on the Brewster WP By-law
Transmittal Form, and add the advertising fee, processing &
mailing fee, and the town portion of the state fee in the area
provided. Include this with the application.
13. Include one check or money order for the total amount
designated on the Brewster WP By-law Transmittal Form.
14. Include a copy of the “Notice to Abutters” form letter.
15. Include a professional site plan, scale, 1" = 20'’, clearly
showing:
In color, the wetland line (green), fifty foot buffer zone
red) and one hundred-foot buffer zone (dark blue)
delineations,
wetland flags numbered to correspond with each Field Data
Form,
topography (minimum 2 foot), contour line and spot
elevation,
the insignia of the applicable professional(s) who designed
the plan, in compliance with the Brewster Conservation
Commission Policy for Plans for Wetlands Permitting of
3/8/05.
All site plans; original and revised, shall show the wetland and
buffer zones in color.
16. Include elevation drawings of the proposed structure(s) on
paper of 8 1/2" x 11" or 11" x 17".
17. If the lot is an undeveloped, secluded, or otherwise
unidentifiable area, identify the lot on the plan by the number of
the nearest telephone pole or the nearest road intersection. If
there is no pole on the lot, describe the lot's proximity to the
nearest; for example, "the lot is twelve feet east of telephone pole
no.167".
18. Fold each plan separately, right side out with title visible, and
attach it to each copy of the application.
19. Include signed Site Access Authorization Form
20. Properly stake and flag the project site to identify all required
portions of the project, prior to the day of filing.
Clearly stake all boundaries and limits of work.
Clearly identify all stakes and flags in the field, showing the
one hundred foot and 50 foot buffer zones and all wetland
areas.
Designate each wetland type on the flag as "BVW"
bordering vegetated wetland), "TOB" (top of bank), "LSF"
land subject to flooding), etc.
Conservation Commissioners and Department staff will inspect the
site.
Unless a holiday interferes, the filing deadline for all applications is
noon on the Thursday at least ten (10) business days before the
hearing. The hearing must be advertised in a local newspaper (at
this time, the Cape Codder Newspaper) no less than five business
days before a hearing. When a holiday interferes with the Friday
production, the newspaper will notify the town of its earlier submittal
deadline.
Additional information or revised plans for continued hearings must
be submitted no later than Monday at 4:00 PM, eight (8) days prior
to the hearing. Submit twelve (12) hard copies (unless stated
otherwise) in addition to the digital copy, and paper clip documents
to the folded plan with the plan title on the outside.
Anyone proposing a structure within 50 feet of a wetland
resource area shall contact the Brewster Zoning Agent before
the Conservation Commission will open your hearing.
I, __________________________________ , confirm that this
application is complete Environmental consultant/engineer/surveyor
Notice of Intent Filing Checklist 2018
Brewster Conservation Commission
Notice of Intent Addendum
Brewster Wetlands Protection By-law Chapter 172
Within 100 feet of the following - check all applicable resource areas:
Coastal Wetlands
Coastal Bank
Coastal Dune
Coastal Beach
Coastal Marsh
Flat
Ocean
Estuary
Land Subject to Flooding or Inundation by Tidal Action
Land Subject to Flooding by Coastal Storm Flowage
Inland Wetlands
Inland Bank
Meadow
Marsh
Bog
Swamp
Lake
Pond
River
Stream
Land Under Said Waters
Land Subject to Flooding or Inundation by Groundwater or Surface Water
Are you proposing an activity on land within 50 feet of any resource area protected
under the Town of Brewster Wetlands Protection By-law?
Yes
No
If your answer to the above is yes, are you requesting a variance pursuant to
Part 5 of the regulations promulgated pursuant to the Brewster Wetlands
Protection By-law?
Yes
No
If so, please describe on a separate sheet in complete detail using the Brewster
Wetlands Protection By-law Variance Justification form, the reasons for the
variance, and the facts upon which the Commission should find that there has
been a clear and convincing showing that the proposed work and its natural and
consequential effects will not have any adverse effect upon any of the interests
specified in the By-law and listed on the variance justification form.
Is the lot to be altered by the proposed work currently unaltered (without a
structure), and located on the Brewster Archaeological Sensitivity Map
available for view in the Conservation Department) with respect to historic or
prehistoric (archaeological) interests?
Yes
No
If both apply, have you completed and mailed by certified mail or hand delivery
the attached 950 CMR State Appendix A form from the Massachusetts Historical
Commission, so that the Commission shall have received the Appendix A
response prior to the filing of the Notice of Intent?
Yes
No
Brewster Wetlands Protection By-law Notice of Intent Addendum
Brewster Wetland Protection Regulations
PART V. VARIANCES *
5.01 Variances
The Conservation Commission may, in its discretion, grant variances for the operation
of one or more of these regulations pursuant to this Section. Such variances are
intended to be granted only in rare and unusual cases, and shall be granted only in
accordance with the provisions of this section.
A variance may be granted only for the following reasons and upon the
following conditions:
a) 1) mitigating measures are proposed that will allow the project to be
conditioned so that it contributes to the protection of the resource
values identified in the Wetlands Bylaw; and
2) the Conservation Commission finds no reasonable alternative for such a
project within the proposed site; and
3) there will be no adverse impact from the proposed project; or
b) that the project is necessary to accommodate an overriding public interest or
that it is necessary to avoid a decision that so restricts the use of property
that it constitutes an unconstitutional taking without compensation.
Provisions:
Any project proponent seeking a variance must demonstrate that the project
results in no adverse impacts to interests defined under the Brewster Wetlands
ByLaw and that no feasible alternatives exist. To demonstrate there are no
feasible alternatives and that the proposed project will result in no adverse
impact to wetland resources, an alternatives analysis must be submitted as part
of the variance request. The purpose of the alternatives analysis is to locate
activities so that impacts to resources are minimized or avoided. Therefore, the
alternatives analysis should focus on the assessment of impacts from
alternatives considered.
Guidelines
The scope of alternatives to be considered will be commensurate with the type
and size of the proposed project.
The Alternatives Analysis must include the following:
1. a brief clear description of the project including the type, size and
proposed use of projects, and project objective
2. a summary of alternatives to the proposed Project
3. a summary of potential environmental benefits of the Project
4. a summary of potential environmental impacts of the Project
5. a list of any mitigation measures for the Project
6. a timetable, approximate cost, and the methods and timing of
construction of the Project
Alternatives to the Project:
Variance Justification Narrative Form (a reference guide)
Alternatives should be considered in terms of the proposed use and objectives of
the Project. The analysis of alternatives should highlight potential differences of
environmental impacts. This includes both short-term and long-term impacts as
well as cumulative impacts.
The following are examples of the scope of alternatives for various projects.
1. Single family house project – The scope of alternatives will be
limited to the lot for which work is proposed.
2. Residential Subdivisions – The scope of alternatives will be limited
to the original parcel and the subdivided parcels, and adjacent
parcels, and any other land that can be reasonably obtained.
3. Commercial Development – The scope of alternatives are lots that
can accommodate the project purpose, appropriately zoned,
available for sale, within the town at the time of application, or if no
such lot exists, a lot located in the market area that meets all other
specifications.
This Variance Section was Amended on 3/4/03.)
Brewster Wetlands Protection By-law Only
Notice of Intent
Variance Justification
Criteria A (3) requires that there will be no adverse impact from the
proposed project. Therefore, applicants shall demonstrate that..
The proposed project (describe) involves work upon or within 50 feet of the
following, as contained in Section 172-2 of the By-law: (List and address the
effect the project will have on each resource area which is applicable to your
project. Also indicate which resource area(s) are not applicable to your project.)
Any beach dune bank or flat;
Any fresh water wetland coastal wetland marsh, meadow, bog or swamp;
Any lake, pond, river, stream, estuary or the ocean;
Any land under said waters;
Any land subject to flooding or inundation by groundwater or surface water; or
Upon any land subject to flooding or inundation by tidal action or coastal
storm flowage.
Representative) believes that the proposed work will have no adverse effect on
the following interests in accordance with the presumptions of significance set
forth in the regulations for each area subject to protection under the Brewster
Wetlands Protection By-law: (Address each interest applicable to this project.
Any interest not applicable to your project shall be so indicated.)
Variance Justification Narrative Form (a reference guide)
public water supply
private water supply
ground water and ground water quality
water quality in the numerous ponds of the town
flood control
erosion and sedimentation control
storm damage prevention
prevention of water pollution
fisheries
shellfish
wildlife and wildlife habitat
aesthetics
historic values
Additionally, (representative) has considered the following factors (if applicable
to the project):
the existence of alternative areas on the site for the project;
The cumulative impact of the allowance of a variance upon the interests
protected in the By-law;
The topography of the site, together with soil conditions;
The vegetation or lack thereof existing on the site, including species type and
number
Construction methods proposed by the applicant.
Therefore, (representative) believes (applicant) has shown clearly and
convincingly that the proposed work and its natural and consequential effects
will have no adverse effect upon any of the interests specified in the By -law,
and meets the variance provisions for Part II, Coastal Wetlands and/or Part III,
Inland Wetlands of the Regulations of the Town of Brewster Wetlands
Protection Bylaw.
Variance Justification Narrative Form (a reference guide)
Code of the Town of Brewster Wetlands Protection Chapter 172 Brewster
Wetlands Protection By-law Fee Schedule 2017
Category Activities and Fees
Variance Fees:
a) New structure or expanded structure within 50 feet of wetland resources: $500
b) New stairs or docks within 50 feet of wetland resources: $250
c) Maintenance or rebuilding of existing structure, stairs, or docks within 50 feet of
wetland resources, no expansion within 50 feet of wetland resources: $200
d) Work without structure (landscaping, vista pruning, habitat
improvement/restoration, invasive plant removal, etc.) within 50 feet of wetland
resources: $200
e) Beach nourishment and/or Sand Drift Fence: $100
Category 1 (Fee for each activity is $100)
a) work on a single family lot: pool, etc.
b) site work without a house;
c) control of vegetation;
d) beach nourishment and/or sand drift fence
e) resource improvement;
f) work on a septic system separate from house;
g) monitoring well activities minus roadway;
h) new agricultural or aquacultural projects.
Category 2 (Fee for each activity is $250.00):
a) construction of single family house (SFH);
b) addition to a single family dwelling
c) parking lot
d) electric generating facility activities;
e) inland limited projects minus road crossings and agriculture
f) each (stream) crossing for driveway to SFH;
g) each point source (storm drain) discharge;
h) control vegetation in a development;
i) water level variation;
j) any other activity not in Categories 1 through 12;
k) water supply exploration.
Category 3 (Fee for each activity is $750):
a) site preparation (for development other than a single family dwelling) beyond
NOI scope;
b) each building (for development other than a single family dwelling) including
site;
c) road construction; not crossing or driveway;
d) hazardous cleanup;
e) water supply development.
Category 4 (Fee for each activity is $750):
a) each (stream) crossing for development other than a single family dwelling or
commercial road;
b) dam, sluiceway, tidegate (safety) work;
c) landfills operation/closures;
d) sand and gravel operation;
e) railroad line construction;
f) bridge;
g) hazardous waste alterations to resource area;
h) dredging;
i) package treatment plant & discharge;
j) airport tree clearing;
k) oil and/or hazardous material release response actions.
Category 5
a) (Fee for each activity is $500) work on inland docks, piers, revetments, dikes,
etc.
b) (Fee for each activity is $750) work on coastal docks, piers, coastal revetments,
seawalls, etc.
Category 6 Installation or Repair of Public Utilities $300
Other Permits or Requests
Category 7 Request for Determination: $75
Category 8 Abbreviated Notice of Resource Area Delineation - Boundary delineation
for Bordering Vegetated Wetlands - Fee is $1 per linear foot, but not to exceed $100 for
activities associated with a single family home or $1,000 for all other activities.
Category 9 Amended Order of Conditions: $150
Category 10 Extension Permit: $100
Category 11 Certificate of Compliance (submit two copies of the state form): $100
Category 12 Administrative Review Project: $30
In addition to the listed fees, an amount of $15 is assessed to cover the cost of
advertising the hearing in a local newspaper.
The Applicant may file a Request for Determinatio n for Water Quality Improvements;
there will be no additional fee for these variance requests.
Please Note
Each fee for work that commenced prior to obtaining a permit from the Conservation
Commission (after-the-fact) is double the assessed fee (activity fee and variance fee).
75.00/hour is assessed for office or on-site consultation in excess of 1/2 hour, and for
permit over-site and/or environmental monitoring.
Policy for Permitting Water Quality Improvement Projects
The Brewster Conservation Commission encourages projects designed to improve the
water quality of ponds and other wetlands in Brewster. When projects are limited in scope
to solely providing water quality improvements and involve no expansion of existing
development, the Commission will consider a Request for Determination of Applicability
RDA) combined with a variance request, where applicable. If a project shows clear
evidence that it should improve water quality, and is therefore deemed by the
Conservation Commission to be a Water Quality Improvement Project, any fee for a
variance request would be waived (this would need to be reflected in the fee schedule
under the by-law). Examples of projects that would qualify as Water Quality Improvement
Projects would be small-scale aeration, circulation, or de-stratification proposals for water
bodies, small-scale stormwater treatment proposals, or bank stabilization projects.
Fee for processing and mailing wetland permits (Abbreviated Notice of Resource
Area Delineation, Request for Determination of Applicability, Notice of Intent and
Request for Amended Order of Conditions) Processing and Mailing fee: $20.00.
This includes the original by certified mail, and one copy plus information letter
and site inspection form, to the owner of record.*
Many properties have multiple owners. The Conservation Commission assesses a
charge of $.05 per page plus cost of mailing for extra copies or for copies to
second owners, etc., in addition to the $20.00 mailing fee.
Massachusetts 310 CMR Department of Environmental Protection 10.05 (3). (e)
The Order shall be mailed by certified mail (return receipt requested) or hand
delivered to the applicant or his agent or attorney...”,
WPA Form 5 Order of Conditions Massachusetts Wetlands Protection ACT
M.G.L.c. 131,§40 “A copy also must be mailed or hand delivered at the same time
to the ....property owner, if different from applicant”.
The Conservation Commission shall review all fee revisions one year from the effective
date of approval to determine if further changes are necessary.
2018
Code of the Town of Brewster
Wetlands Protection Chapter 172
Brewster Wetlands Protection By-law
Wetlands Fee Transmittal Form (SAMPLE)
Fee Categories
The fee must be calculated using the following process and worksheet and included in the Notice
of Intent or Abbreviated Notice of Resource Area Delineation Application:
Step 1/Type of Activity: Describe each type of activity (from the Category of Activities and Fees) which
will occur in a wetland resource area and buffer zone. If a variance is requested, add "w/var." - for
example: Cat. 1a): work on a single family lot: addition w/var.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify the fee associated with each type of activity using the categories
of projects and fees listed. Add applicable variance fee for each activity requiring a variance.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee
per category (identified in Step 3) to reach a subtotal fee amount.
Step 5/Total Project Fee: Determine the total BWP By-law fee for the project by adding the
subtotal amounts identified in Step 4.
Step 6/Advertising Fee: Add $15 for advertising.
Step 7/Processing and Mailing Fee: Add $20 for processing and mailing
Step 8/Town Portion of State Fee: Amount calculated in Massachusetts NOI Wetland Fee
Transmittal Form, WPA Form 3.
Step 9/Total Paid to the Town of Brewster: Total of By-law fee, consultant fee, advertising fee,
processing & mailing fee, and town portion of state fee. Make checks payable to the Town of
Brewster.
Calculating wetland Notice of Intent Filing Fees (Example)
1/Type of Activity 2/Number of 3/Individual Fee 4/Subtotal
Activities
Construction of single family dwelling ____1_____ $250.00__ _$250.00____
Variance__________________ ____1_____ __$500.00__ _ $500.00___
Step 5/Total BWP By-law Project Fee: ____$750.00__
Step 6/Advertising Fee: ____$15.00___
Step 7/Processing & Mailing Fee: ____$20.00___
Step 8/Town Portion of State Fee: ____$267.50__
Step 9/Total Paid to the Town of Brewster ____$922.50__
Code of the Town of Brewster
Wetlands Protection Chapter 172
Brewster Wetlands Protection By-law
Wetlands Fee Transmittal Form
Fee Categories
The fee must be calculated using the following process and worksheet and included in the Notice
of Intent or Abbreviated Notice of Resource Area Delineation Application:
Step 1/Type of Activity: Describe each type of activity (from the Category of Activities and Fees) which
will occur in a wetland resource area and buffer zone. If a variance is requested, add "w/var." - for
example: Cat. 1a): work on a single family lot: addition w/var.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify the fee associated with each type of activity using the categories
of projects and fees listed. Add applicable variance fee for each activity requiring a variance.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee
per category (identified in Step 3) to reach a subtotal fee amount.
Step 5/Total Project Fee: Determine the total BWP By-law fee for the project by adding the
subtotal amounts identified in Step 4.
Step 6/Advertising Fee: Add $15 for advertising
Step 7/Processing and Mailing Fee: Add $20 for processing and mailing
Step 8/Town Portion of State Fee: Amount calculated in Massachusetts NOI Wetland Fee
Transmittal Form, WPA Form 3.
Step 9/Total Paid to the Town of Brewster: Total of By-law fee, consultant fee, advertising fee,
processing & mailing fee, and town portion of state fee. Make checks payable to the Town of
Brewster.
Step 1 Step 2 Step 3 Step 4
Type of Activity Number of Individual Subtotal
Activities Activity Fee
Step 5/ Total BWP By-Law Project Fee
Step 6/Advertising Fee: $____________
Step 7/Processing & Mailing Fee: $____________
Step 8/Town Portion of State Fee: $____________
Step 9/Total Paid to the Town of Brewster: $____________
Submit only this page of the Fee Schedule with the Notice of Intent.
NOI
Land
Management
Plan & Narrative
88 Route 6A, Suite 2B
Sandwich MA
508.477.1346
info@crawfordlm.com
WWW.CRAWFORDLM.COM
PREPARED FOR
178 Bonnie Doone Cartway
Brewster, MA 02631
DATE
June 28, 2021
2
PROJECT INTRODUCTION
178 Bonnie Doone Cartway is located in Brewster on Cape Cod Bay. The parcel is quite large
and encompasses approximately 9.46 acres. There are multiple resource areas, flood zones and
associated buffer zones on property and include; 670’ of Coastal Beach and Coastal Dune, two
Isolated Vegetated Wetlands, and a VE Flood Zone. The site has been previously developed over
the years and includes four cottages with septic systems , dirt/gravel driveways, footpaths, and three
beach access stairways to the beach.
The purpose of this Land Management Plan is two fold; the first is to provide information and
guidelines for implementing a program to eradicate invasive species, and restore native plant
communities; the second is to aid in the permitting and approval of the redevelopment/updating
of the site and its built areas. Overall the provided information shows that the proposed work takes a
holistic approach to managing the native plant communities on site, which will result in an increase
in bio-diversity and a less fragmented vegetative buffers closest to the resource areas. In turn this will
improve the ecological integrity within the areas of conservation jurisdiction and surrounding areas.
178 Bonnie Doone
100’ Buffers
Driveways, paths,
cleared areas
Existing Cottages
and reference #’s
50’ Buffers
Cape Cod Bay
#1
#2
#3
#4
3
Existing Conditions
Currently on site there are four existing cottages with decks, porches, walkways, and associated
gravel and dirt driveways, along with dirt and sand foot paths to the beach. Two of the four cottages
currently possess their own septic systems,and two share a system. All four of those septic systems
are currently located almost entirely within the the 50’ Buffer to the Coastal Dune. Lastly there are
currently three staircases that serve as access to the beach on Cape Cod Bay. Three of the cottages
are entirely within the 0’ - 50’ Buffer with the fourth located in the 50’ - 100’.
The naturalized areas on property can be categorized into roughly two native plant communities as
they exist today. The two native plant communities that exist on site are Coastal Dune, and Coastal
Forest/Woodland as defined by Natural Heritage and Endangered Species. Within the Coastal Forest/
Woodland there is one particular area that is located North of cottage #1 and extends to the East
towards cottage #2. This area can be classified as almost entirely Black tupelo (Nyssa sylvatica).
The Coastal Forest/Woodland on site is in various states of ecological health. The Black tupelo area
North of the most Westward cottage is comprised almost exclusively of a mature Black tupelo
overstory. The understory in this location is a almost entirely state listed invasive species, most
notably Shrub honeysuckle (Lonicera tatarica), Vine honeysuckle (Lonicera japonica), and Border
privet (Ligustrum obtusifolium). There are some sporadic occurrences of Serviceberry (Amalanchier
canadensis), Arrowwood viburnum (Viburnum dentatum), and Black chokeberry (Aronia
melanocarpa) as well. To the immediate West and North of Cottage #2 exist a handful of non-native
Norway spruce (Picea abies) that are in poor health, and this is common for this species growing
within these coastal conditions. The remaining areas of Coastal Forest/Woodland on site are a fairly
even mix of Pitch pine (Pinus rigida), Black oak (Quercus veluntina), White oak (Quercus alba), and
Black cherry (Prunus serotina). These woodland areas have varying degrees of invasiveness, but as
a general rule of thumb are more highly invaded within the 0-50’ buffer to the Coastal Dune, and
in areas along edges of previous disturbances, i.e. the cottages being built, and driveway edges.
The understory in these areas varies, but is fairly healthy and consistent with typical Coastal Forest/
Woodlands and has high concentrations of Summersweet (Clethra alnifolia), Arrowwood viburnum,
Serviceberry, and Bayberry (Myrica pennsylvanica) colonies.
Left: Black tupelo stand with predominately Shrub honeysuckle understory. Right: Black tupelo stand in
the distance with sporadic Norway spruce in the foreground. 3/2/21
4
The Coastal Dune on site is in keeping with the imperviously described area, in so far as it also exhibits
varying degrees of invasiveness. The most notable incursions of the invasive species in this area
are to the North and East of cottage #3. This location includes large swaths of Asiatic bittersweet
(Celastrus orbiculatus), and Shrub honeysuckle. Within these areas of invasive species there are little
to no native species present. There are more isolated incursions to the dune, but this area to the
North is the most substantial. To the West of cottage #4 is an area that is highly invaded/degraded
by occurrence of Japanese black pine (Pinus thunbergii), and Asiatic bittersweet. These invasions
within the Coastal dune and along the edge of the Coastal Forest/Woodland are by far the most
concerning, as Coastal Dunes are one of the most vulnerable and fragile plant communities on site
and with in Cape Cod and all of Massachusetts in general.
The Japanese black pine in this area are creating a condition that is allowing the Coastal Dune’s
native plant community to begin succeeding to more of a Coastal Forest/Woodland. This occurs
overtime through the creation and sequestration of “duff” and organic debris that gathers
underneath these trees which can create surface soil conditions more similar to a Coastal Forest/
Woodland allowing a typical species to seed in to these areas. This in itself is not an issue alone
other than the species being invasive, but with human development in general and Coastal Dunes
are losing their ability to migrate landward, resulting in losing the Coastal Dune community entirely
overtime. In addition to Japanese black being a species that readily seeds into areas within exposed
soils/sand, they also inhabit the same areas as the native Pitch pines and Coastal Forest/Woodlands,
and displace other native species leaving areas highly degraded and unable to preform their natural
functions within the local ecosystems.
Coastal Dune with areas of native Heaths and Heathers. Japanese black pine can be since
in occursions wihtin these areas which are imperiled and listed as S2 by NHESP. 3/2/21
5
PROPOSED PLANT COMMUNITIES
Coastal Dune (NHESP)
Characteristically, Maritime Dunes contain windswept sand, thriving beachgrass, patches of bare
sand and maritime shrub colonies. Typically, dunes transition into shrublands or heathland/grasslands.
Maritime Dunes are an S2 Imperiled plant community in Massachusetts due to rarity, a restricted
range, few remaining acres and other factors that make this plant community vulnerable.
Sandplain Heathland/Grassland (NHESP)
Sandplain grasslands contain shrubs, forbs, and grasses and are versatile in transitioning to other
plant communities. Heathlands are found on sandy, droughty soils similar to grasslands. They have
patches of bare, open soils between plants and often transition into shrublands and Coastal Forest/
Woodland. Sandplain Grasslands are S1 Critically Imperiled plant communities in Massachusetts
due to few remaining acres and threats from invasive species. Natural occurrences of these plant
communities were likely maintained by fire and/or salt spray and new communities created by
natural disturbances. With the suppression of fire and humans limiting natural disturbances, active
management techniques must be implemented in order to help these distinct and valuable plant
communities remain. Grasslands are unique in that they supports rare and endangered wildlife
species that rely only on this community type for survival. The list of rare plant and animal species
associated with Sandplain grassland and heathlands is extensive.
Coastal Forest/Woodland (NHESP)
Coastal Forests are often shorter than forests further inland, but taller than Maritime Forests. There is
often a dense shrub layer and vines, particularly near the edges. Coastal Forests occur in protected
areas along the coast, such as behind dunes and on slopes away from the ocean. They are
sheltered from direct daily maritime influences (not in the daily salt spray zone), but receive wind and
salt during storms. The Coastal Forest is a variant of the widespread broadly defined Oak - Hemlock
- White Pine Forest that includes a continuum of communities dominated by tree oaks and pines. No
animal species are restricted to Coastal Forests.
NATURAL RESOURCE MANAGEMENT ACTIVITIES
The first step in implementing this proposed plan is to remove and eradicate all invasive, non-native
species across the entire project area. This initial work will be accomplished through a combination
of a targeted cut and wipe herbicide application and when appropriate and feasible through
mechanical removal. All of the resulting debris will be disposed of properly at and off-site location.
This two pronged approach of both treatment and mechanical removal minimizes the amount
of herbicide necessary to neutralize root systems. In instances of the cut-and-wipe application it is
intended to leave established root systems in place to hold soils while minimizing disturbance. All
areas will be seeded and stabilized with an appropriate native seed mix (Refer to Restoration Plan)
for the native community type. The only exception to seeding is the Maritime Dune area which will
be solely colonized by planted material.
Regenerative pruning of remaining native shrubs for overall health and vigor will be completed
as necessary to stimulate new growth and correct structurally weak stems resulting from invasive
competition and mis-management.
Supplemental planting in each community will be completed once invasive species have been
reduced by 80%.
6
Coastal Dune Management-S2
These areas will be managed to exhibit characteristics indicative of Coastal Dune Communities as
defined by NHESP. All ground covers and shrubs associated with this native community are to remain
as called out in the Restoration Plan. The greatest threat to this Coastal Dune Community is from
areas dominated by Shrub honeysuckle, Japanese black pine, and Asiatic bittersweet.
In addition to the management of state listed invasive, and non-native species Poison ivy
(Toxicodendron radicans) is a hazard to users of the areas along trails and will be managed as an
aggressive native on path edges.
Sandplain Grassland Management-S1
This Land Management Plan and accompanying Restoration Plan propose to establish an area
of Sandplain Grassland to encompasses over 38,000sf. The addition of this native plant community
to the site will increase bio-diversity and edge habitat. Sandplain Grassland species are commonly
intermixed with Coastal Dune species and are appropriately matched to interface. These areas will
be managed to exhibit characteristics indicative of Sandplain Grassland Communities as defined by
NHESP. All native herbaceous plants, ground covers and shrubs associated with these native plant
communities are to remain.
Coastal Forest/Woodland Management-S4
Within the proposed Coastal Forest/Woodland areas only invasive and non-native species will be
manged and eradicated. All species associated with these native plant communities will remain in
place. Regenerative pruning may be utilized on individual plant specimens once the invasive and
non-native plant materials has been removed. This is to reduce potential for breakage, and or failure
of leggy plant growth during storm events and winter months.
CONCLUSION
Ecologically speaking the execution of this Land Management Plan will result in S4 Vulnerable
Coastal Forest/Woodland, and S2 Imperiled Coastal Dune being restored and S1Critically Imperiled
Sandplain Grassland being created. The project will result in an increase in native plant diversity,
and high quality wildlife habitat. The project creates a larger tract of undisturbed 50’ and reduces
the fragmentation on site. Due to the proposed project size it will result in large predominately intact
Resource Areas, and associated Buffer Zones along nearly 670’ of shoreline on Cape Cod Bay.
From a regulatory perspective project and redevelopment of the site will ultimately result in the total
removal of 3 structures within either the Coastal Dune, and 50’ Buffer Zone to the Coastal Dune.
The project also results in the removal of 3 existing septic systems within the 50” Buffer to the Coastal
Dune.
This comprehensive approach allows management aimed toward long term objectives where
these naturalized areas, once fully established, require minimal ongoing management and little to
no pruning. By reducing the need for pruning and intensive management we reduce the need to
regularly access these areas and disturb the native flora and fuana.
7
#239
MANAGEMENT ACTIVITY TIMELINE
Initial Management September-April
1. Remove approved vegetation by flush cutting and treating stems with a species
appropriate herbicide using a cut and wipe application.
2. Seed any exposed soils resulting from debris removal with native grass species mix to
establish native vegetative groundcover.
3. Cover any sloping seeded areas (greater than 3:1 slope) with 100% biodegradable erosion
control blankets, and stake in place with 100% biodegradable 12” hardwoods stakes if
necessary. Flat areas with less than 3:1 slope will be covered in a layer of sterilize chopped
straw. These erosion measures will increase seed soil contact, improve germination, and
reduce potential for erosion and runoff.
4. Rejuvenate any native shrub species uncovered in restoration area, if needed, with
regenerative pruning techniques.
5. Monitor property and, if necessary, perform an early spring/summer maintenance treatment/s
to suppress winter annual weeds.
Maintenance - Year Round
1. Monitor restoration area and perform maintenance treatments or hand weed invasive,
non-native, aggressive species that have germinated from existing seed bank, or
resprouted from roots after removal. Site will be monitored and maintained throughout
the year for both cool season and warm season invasive, non-native, and aggressive
species.
2. Mow/cut cool season grasses in June to encourage establishment of warm-season
grasses, if necessary.
3. Prune dead, diseased, broken or interfering limbs/branches to maintain health of
overstory on site.
Restoration Planting
Restoration plantings will be installed when invasive species have reached 80% eradication.
Typically this is one full growing season after the initial removal is complete (i.e. Fall 2018).
Ongoing Maintenance/Ongoing Conditions
1. Property will remain under active management to eradicate invasive & non-native species
through hand weeding, low-volume foliar herbicide applications, and/or cut & wipe
treatments as necessary.
2. Mowing grassland pockets will be completed annually in April in lieu of burning.
8
QUALIFIED CONTRACTOR
All restoration work & ongoing management will be completed by a qualified contractor and
approved in writing by the Brewster Conservation Commission and/or Agent. Contractor must be an
experienced and qualified natural resource manager with minimum qualifications of:
• CERP (Certified Ecological Restoration Practitioner)
• MA licensed and insured pesticide applicator
• 3 years of experience in invasive plant management
• Degree in Natural Resource Management or related field
HERBICIDE APPLICATION INFORMATION
All herbicide applications will be performed by a Massachusetts State-Licensed and insured pesticide
applicator proficient in plant identification, both in leaf and dormant. Herbicide applications will be
either selective spot treatments (low-volume foliar when wind conditions are below 5 knots) or direct
stem applications (cut and wipe). Using these methods of application safeguards native and desired
species from over-spray and minimizes the total volume of herbicide needed to effectively manage
the targeted invasive, non-native, and aggressive species. Herbicides used will contain Triclopyr or
Glyphosate as their active ingredient.
Triclopyr is a selective herbicide and will be utilized for most invasive and aggressive broad leaved
target species to ensure that native grasses are not damaged. Glyphosate will be used to manage
vine and shrub honeysuckle as Triclopyr has been observed to have little or no effect. The highly
selective herbicide applications will neutralize root materials left in the soil and inhibit new growth.
Continual monitoring, maintenance treatments, and hand weeding will be ongoing.
MATERIALS
1. Heat-treated chopped straw (sterile)
2. 12-18 month erosion control blankets (100% biodegradable)
3. Hardwood stakes (100% biodegradable)
4. Garlon 4 Ultra - EPA Reg No 62719-527
5. Aquaneat - EPA Reg No 524-579
6. Native seed mixes custom blended by Ernst Conservation Seeds or provided by Colonial
Seed Company.
7. Restoration plantings - straight species, no cultivars
9
OBSERVED INVASIVE, NON NATIVE SPECIES, AND AGGRESSIVE SPECIES
1. State-Listed Invasive Species:
Ampelopsis glandulosa Porcelain berry
Alliaria petiolata Garlic Mustard
Celastrus orbiculatus Oriental bittersweet
Euphorbia cyparissias Cypress spurge
Lonicera japonica Japanese honeysuckle
Lonicera morrowii/bella Morrow’s honeysuckle
Rosa multiflora Multiflora rose
2. Non-Native Species:
Ligustrum sp. Privet
Holcus linatus Velvet grass
3. Aggressive Species:
Toxicodendron radicans Poison ivy
Smilax rotundifolia Catbrier
Phytolacca americana Pokeweed
Rubus spp. Brambles
Vitis labrusca Fox grape
NATIVE SPECIES OBSERVED (native to Barnstable County)
Amelanchier canadensis Serviceberry
Arctostaphylos uva-ursi Bearberry
Carex pensylvanica Pennsylvania sedge
Deshampsia flexuosa Crinkle hair grass
Juniperus virginiana Eastern red cedar
Morella pensylvanica Bayberry
Panicum virgatum Switch grass
Pinus rigida Pitch pine
Prunus serotina Black cherry
Prunus maritima Beach plum
Quercus alba White oak
Quercus velutina/coccinea Scarlet/Black oak
Quercus ilicifolia Scrub oak
Rosa virginiana Virginia rose
Solidago spp. Goldenrod
Schizachyrium scoparium Little bluestem
Viburnum dentatum Arrowwood viburnum
Vaccinium corymbosum Highbush blueberry
1
Coastal Dune Delineation
178 Bonnie Doone Cartway, Brewster
Coastal Advisory Services 6/23/2021
June 23, 2021
Brewster Conservation Commission
c/o Noelle Aguiar, Conservation Administrator
1657 Main St (Town Hall)
Brewster, MA 02631
RE: Report - Delineation of the Landward Limit of Coastal Dune at 178 Bonnie Doone Cartway,
Brewster, MA
Dear Commissioners:
The following is a ‘landward limit of Coastal Dune delineation’ that was conducted at 178
Bonnie Doone Cartway, Brewster. The analysis and delineation were conducted by Jim
O’Connell of Coastal Advisory Services and John O’Reilly of J.M. O’Reilly & Associates.
The delineation of the ‘landward limit of coastal dune’ on the subject lot is based on research,
visual observations, borings, sediment analysis, topography and vegetation.
Landward limit of Coastal Dune Delineation Process
Coastal Dunes are defined in the MA Department of Environmental Protection Wetland
Protection Regulations at 310 CMR 10.27(2) and Town of Brewster Wetland Protection
Regulations at C.172-9 S. 2.03(2) as: ‘Coastal Dune means any natural hill, mound or ridge of
sediment landward of a coastal beach deposited by wind action or storm overwash. Coastal dune
also means sediment deposited by artificial means and serving the purpose of storm damage
prevention or flood control’.
Windblown sands generally exhibit a range of sediment sizes from very fine to medium, well-
sorted grain sizes, sub-rounded to rounded in shape, and in new England have a relatively
consistent, primarily Quartz, mineral composition, including a minor quantity of associated
minerals. However, a Coastal Dune can also exhibit varying sediment grain sizes with varying
shape and mineral composition if the sediments were deposited by storm ‘overwash’.
Based on the Coastal Dune definition above, the landform must also exhibit the ‘form’ of a
natural hill, mound or ridge of sediment, and be located ‘landward of a coastal beach’. Where
wind-blown sand trails off landward but is connected to the seaward hill, mound or ridge of
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wind-blown sand that ’touches’ the coastal beach, that area can also constitute the landward ‘part
of’ Coastal Dune.
Thus, the general procedure in Massachusetts to determine the ‘landward limit of Coastal Dune’
is to initially conduct research, visual observations, and analyze topography and vegetation.
Following that process, a series of shallow borings beginning in a seaward location where a
landform touches the fronting coastal beach, then working landward to identify the landward
location of windblown sand and/or storm overwash deposits are conducted.
The applicability of 310 CMR 10.28 (Coastal Dune) to a landform on the property must also be
analyzed from a legal (i.e., precedent setting DEP adjudicatory final decisions) and regulatory
Performance Standards perspective, as presented below.
Coastal Dune Classification and Delineation on the 178 Bonnie Doone Cartway Property:
Legal Precedent #1
As stated in the DEP ‘Applying the Massachusetts Coastal Wetlands Regulations: A Practical
Manual for Conservation Commissions to Protect the Storm Damage Prevention and Flood
Control Functions of Coastal Resource Areas, otherwise known as the DEP ‘Coastal Manual’,
‘in some instances, dunes may not meet the regulatory definition of coastal dunes because they
are separated from the coastal beach by another resource area or an upland area’.
These include cliff-top dunes that overlie (or are landward of) a coastal bank, but are not
touching the beach. Though these dunes may still constitute a hill, mound, or ridge of sediments,
they do not meet the definition of “bordering” (touching the ocean or touching another resource
area that touches the ocean), and therefore do not meet the requirements for being a dune
subject to protection under the Wetlands Protection Act. (11)
Thus, to be classified as a ‘Coastal Dune’ subject to jurisdiction under M.G.L. c.131. s.40, ‘the
dune must be either “touching” the ocean or “touching another area listed in 310 CMR 10.02(1)
some portion of which is in turn touching” the ocean’ (DEP Docket No, 97-091: file No. 48-996,
Nantucket, (Frost), 2000).
This Legal Precedent #1, is present at 178 Bonnie Donne Cartway and its applicability is
discussed further in this report on Page 5 below.
Coastal Dune Classification & Delineation
Legal Precedent #2
‘Where windblown-sand deposits (that do border a beach or another dune) overlie glacial
deposits with varying thickness, the delineation becomes more complicated. (P. 1-19, DEP
Coastal Manual).
This Legal Precedent #2 of wind-blown sand overlying glacial deposits is also present on the
178 Bonnie Doone Cartway property and its applicability is discussed further in this Report on
Page 12 below.
3
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LOCUS
The locus property is shown on Figure 1A, 1B & 1C below.
Fig 1A: Locus -178 Bonnie Doone Cartway, Brewster, in April 2017. Note the ‘vertical scarp’
along the landform, and the stone/boulder revetment to the west and sand nourishment to the
east.
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Fig 1B: Locus -178 Bonnie Doone Cartway, Brewster, in October 2018
Fig 1C: Locus: Brewster Assessor Map showing the boundaries of 178 Bonnie Doone Cartway
178 Bonnie Doone Cartway: Research and Field Evaluation
Initial research used in this evaluation consisted of a variety of available technical documents
and maps, including for example:
• Various historic aerial photographs;
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• General topography and vegetation;
• The published MA Department of Environmental Protection (DEP) ‘Wetlands Map’,
which displays the ‘general boundaries’ of all protected/regulated wetland resource areas;
• Current FEMA Flood Insurance Rate Map & National Flood Hazard Layer; and,
• The plotted ‘approximate’ boundaries of the soil types and adjacent areas as displayed on
the Barnstable County Soil Maps published by USDA, Natural Resources Conservation
Service.
Importantly, as stated on the DEP Wetlands Maps web site, ‘Wetlands and areas of wetland
change represented on these maps have been determined primarily through photo-interpretation.
They do not represent, and should not be used as, wetlands delineation under the Wetlands
Protection Act (M.G.L. c. 131, § 40) and the implementing regulations (310 CMR 10.00 et seq.).
Furthermore, the boundaries on the USDA, NRCS Barnstable County Soil Maps are also stated
as ‘approximate’.
Thus, a technical field evaluation and delineation is always required.
Field Evaluation and Analysis
Four site visits were conducted on April 24, 2019, January 27 & February 3, 2020, & March 22,
2021 to document existing conditions and analyze the site.
Figures/photos #2A & 2B below shows exposed historic ‘cedar swamp’ deposits on the beach
fronting the western area of the property and a cobble/boulder field fronting the property to the
east.
Fig 2A: Historic Cedar Swamp deposits & boulders on the beach fronting the subject property
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Coastal Dune Delineation
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Fig 2B: Showing an historic Cedar Swamp and a boulder field (in the distance) fronting the
subject property (Feb 2020)
As shown in Figure/photo 2 above, an apparent ‘historic cedar swamp’ is periodically exposed
on the beach face fronting the western portion of the subject site, as well as a cobble/boulder
field shown in the distance.
Legal Precedent #1 as described on Page 2 Above
In several areas along the shorefront a seaward-facing erosional scarp exists exposing ‘glacial
deposits’ with overlying sand deposits, as shown on Figure/photo #3 below.
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Fig 3: Note in the photo above that in some area along the property a seaward-facing scarp exists
exposing glacial deposits. Note also that the sand atop the glacial deposits do not ‘touch’ the
Coastal Beach.
Note on Figure/photo #3 above that the isolated sand deposits at the toe of the glacial deposits
appear to have slumped down from the sand deposits above.
Note also on Figure/photo #3 above, that, for the most part, the vertical depth of the glacial
deposit is greater than the vertical depth of the overlying sand deposit. (Note the stadial rod
which is 5’ in length).
Importantly, the wind-blown sand atop the glacial deposits shown in Figure/photo #3 above
do not connect with, i.e., ‘touch’ the coastal beach.
This appears to have consideration consistent with the criteria to be classified simply as ‘dune’
and not ‘coastal dune’ as described in the DEP Coastal Manual cited above on page 2 as Legal
Precedent #1, as well as the Frost DEP Adjudicatory Decision also cited on page 2 above.
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Coastal Dune Delineation
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Coastal Advisory Services 6/23/2021
Figure/Photo 3A below shows the entire seaward-facing property. Note, in selected areas along
the shorefront, seaward-facing glacial deposits are exposed that, in some areas, touch the coastal
beach (as also seen in Figure/photo #3 above).
In other areas, a lower aeolian sand ramp exists ‘reaching only partway up’ the exposed glacial
deposits and do not connect with, i.e., /touch, the wind-blown sand deposits above the glacial
deposits.
Note in Figure/photo #3A below that wind-blown sand ramps that reach/touch the sand above
the buried glacial deposits are all at beach access stairway locations. This pedestrian (beach
access stairway) use has resulted in indents along the shore allowing sand to accumulate and
blow inland.
Fig 3A: Photo showing exposed ‘glacial deposits’ across the site fronting all 3 properties. Note
also the aeolian sand ramp reaching the top of the seaward-facing landform between the exposed
glacial deposits where beach access stairways exist.
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Coastal Dune Delineation
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Figures/photos 3B through 3E below show examples of the glacial deposits and isolated wind-
blown sand ramps fronting the glacial deposits.
Fig 3B: Close-up of exposed ‘glacial deposits’ between the 2nd & 3rd existing cottages
(See Figures/Photos 1A & 3A for existing cottage locations.)
Fig 3C: Close-up of exposed Glacial Deposits seaward of the middle cottage (#2). Note also the
aeolian sand ramp reaching the top of the seaward landform on the left (east) side of the
easternmost property (cottage #3)
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Fig 3D: Exposed ‘glacial deposits’ between the 1st & 2nd existing cottages
Fig 3E: Exposed ‘glacial deposits’ between the 1st & 2nd existing cottages
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Importantly, as seen on the photos above, although a veneer of wind-blown sand lies atop the
glacial deposits:
A. in some areas the wind-blown sand veneer atop the glacial deposits does not connect with,
i.e., touch, the lower sand ramp;
B. in other areas the glacial deposits ‘touch’ the coastal beach; and,
C. in other areas the wind-blown sand ramp landward of the coastal beach reaches and touches
the wind-blown sand atop the glacial deposits.
This issue relates to the statement in the DEP Coastal Manual and the DEP Adjudicatory Hearing
Decision cited above (Nantucket, Frost Case): ‘In some instances, dunes may not meet the
regulatory definition of coastal dunes because they are separated from the coastal beach by
another resource area or an upland area. These include cliff-top dunes that overlie (or are
landward of) a coastal bank, but are not touching the beach.
Though these dunes may still constitute a hill, mound, or ridge of sediments, they do not meet the
definition of “bordering” (touching the ocean or touching another resource area that touches
the ocean), and therefore do not meet the requirements for being a dune subject to protection
under the Wetlands Protection Act. (11) (P, 1-19, DEP Coastal Manual)
In the 178 Bonnie Doone Cartway site, the wind-blown sands are considered ‘boarding on
another resource area which borders on the ocean’ because the landward extent of ‘Land
Subject to Coastal Storm Flowage’ (a resource area listed in 310 CMR 10.02) inundates/covers
the windblown sand that overlies atop the glacial sediments as shown on the FEMA Flood
Insurance Rate Map in Figure 4 below.
Fig 4: Current FEMA Flood Insurance Rate Map showing the landward extent of the coastal
floodplain, aka ‘Land Subject to Coastal Storm Flowage’
Summary: Legal Precedent #1
12
Coastal Dune Delineation
178 Bonnie Doone Cartway, Brewster
Coastal Advisory Services 6/23/2021
Although wind-blown sand deposits at the toe of the glacial deposits do not connect with, i.e.,
touch, the veneer of aeolian sands that lie atop the glacial sediments, and in other areas the
’glacial deposits’ touch the Coastal Beach, the wind-blown sand atop the glacial deposits ‘touch’
LSCSF, a resource area listed in 310 CMR 10.02.
Thus, the wind-blown sand atop and landward of the exposed glacial deposits can be considered
part of the jurisdictional Coastal Dune that continues landward to the extent of wind-blown sand.
Legal Precedent #2 as Outlined Above
For the most part, wind-blown sand over-lying glacial sediments exist along the seaward
shorefront area of the property landward of the seaward scarp.
The landward limit/delineation of the Coastal Dune becomes more complicated when wind-
blown sand overlies glacial sediments, as outlined in Coastal Dune section of the DEP Coastal
Manual (p. 1-19): ‘Where windblown-sand deposits (that do border a beach or another resource
area that touches the ocean) overlie glacial deposits with varying thickness, the delineation
becomes more complicated.).
No figures in the DEP Coastal Manual depict specific criteria to delineate the landward limit of
coastal dune that exists on the 178 Bonnie Doone Cartway property. That is, no figure exists in
the Manual that shows a diagram with seaward-facing ‘exposed glacial deposits’ as shown on
Figures/photos #s 3 through 3E above.
In addition, no diagram or written language state the depth of aeolian sand atop glacial deposits,
i.e., upland, necessary to delineate the landward extent of a Coastal Dune.
However, Importantly, Figure 1.5, Profiles A & B in the DEP Coastal Manual (pgs. 1-29 & 1-30)
do show that the depth of aeolian sand necessary to delineate the landward extent of Coastal
Dune can vary. Thus, based on the value of wetland ‘interests’ for coastal dunes, professional
judgement must be used in determining the appropriate depth of overlying wind-blown sand that
constitutes the ’landward limit of coastal dune’.
Based on experience and discussions with DEP over the years, the landward extent of Coastal
Dune is the area where the depth of aeolian sand atop glacial sediments is generally between 1’
to 2’ as the aeolian sand diminishes in depth as one conducts borings in a landward direction, as
shown on the DEP Diagram, Figure 1.5, Profile A, in the Coastal Manual copied below.
13
Coastal Dune Delineation
178 Bonnie Doone Cartway, Brewster
Coastal Advisory Services 6/23/2021
Figure 1.5, Profile A (copied from the DEP Coastal Manual): ‘Coastal dune tapering
landward into a veneer of dune sediments overlying glacial materials. Here, the landward edge
of the dune is somewhere within 250-275 feet cross-shore distance. There is not necessarily a
distinct boundary, but rather a transition zone (shown with red arrows) within which
Commissions can use their judgment to delineate the dune/bank line. Without the subsurface
profiles, the second landform may superficially appear as a secondary dune, though it is really a
coastal bank.’
The technique described above was used to delineate the landward extent of Coastal Dune at 178
Bonnie Donne Cartway.
Importantly, as shown on the FEMA FIRM in Figure 4 above, the landward limit of the 100-
year coastal floodplain, aka ‘land subject to coastal flowage, only inundates the property a
limited distance landward and is seaward of the existing cottages.
Thus, the interests of ‘storm damage prevention and flood control’ are not applicable in the
wind-blown sand areas ‘landward’ of the landward limit of the FEMA-mapped coastal
floodplain, i.e., Land Subject to Coastal Storm Flowage.
Delineation
Although many more borings were conducted to determine the landward extent of Coastal Dune,
fourteen wood stakes were installed along the identified ‘landward limit of Coastal Dune’ on 178
Bonnie Doone Cartway based on the technique outlined above, i.e., where the landward extent of
aeolian/windblown sand atop glacial sediment/upland becomes approximately <1’ in depth.
14
Coastal Dune Delineation
178 Bonnie Doone Cartway, Brewster
Coastal Advisory Services 6/23/2021
Figure 5 below shows the field delineation where wood stakes were driven to delineate the
‘landward limit of coastal Dune’ superimposed on the DEP Wetland Map which shows DEP’s
‘approximate landward limit of coastal dune’.
Fig 5: DEP Wetlands Map showing the field delineation of the ‘landward limit of coastal
dune’, as well as the DEP delineation, on the 178 Bonnie Doone Cartway property
The ‘field delineation’ is also shown on the submitted J.M. O’Reilly & Associates 6/1/2021
‘Existing Conditions Plan. Note that the field delineation ‘extends farther landward’ than the
‘approximate DEP Mapped delineation’ shown on Figure 5 above.
The Figures/photos below show a sample of the areas where the wood stakes were driven to
denote the landward extent of Coastal Dune on the 178 Bonnie Doone Cartway property.
15
Coastal Dune Delineation
178 Bonnie Doone Cartway, Brewster
Coastal Advisory Services 6/23/2021
Fig 6A: Easternmost boring showing the delineation of the landward limit of coastal dune (east
of Cottage #3)
Fig 6B: Showing the delineation of the landward limit of coastal dune immediately to the west of
Cottage #3 and east of Cottage #2. This area extends farther landward primarily due to the beach
access stairway that exists immediately to the west of Cottage #3 (to the right in the photo)
16
Coastal Dune Delineation
178 Bonnie Doone Cartway, Brewster
Coastal Advisory Services 6/23/2021
Discussion
As shown on Figures 7A & 7B below, based on a ‘comparison’ between the published DEP
Wetlands Map depicting the ‘approximate landward extent of coastal dune’ (determined primary
through photo-interpretation) and the submitted J.M. O’Reilly & Associates project Plan, the
‘field delineation’ of the ‘Landward Extent of Coastal Dune’ based on the multiple criteria as
described above in this Report, ‘extends farther landward’ than the DEP Mapped delineation.
(See also Figure 5 above.)
17
Coastal Dune Delineation
178 Bonnie Doone Cartway, Brewster
Coastal Advisory Services 6/23/2021
Fig 7A: The DEP Wetlands Map showing the ‘approximate landward limit of coastal dune’
Fig 7B: The J.M. O’Reilly & Associates 6/1/2021 ‘Existing Conditions Plan’ showing the field
delineation of the ‘landward limit of coastal dune’ (See also Figure 5 above.)
18
Coastal Dune Delineation
178 Bonnie Doone Cartway, Brewster
Coastal Advisory Services 6/23/2021
The field delineation of the ‘landward limit of coastal dune’ outlined in this Report is considered
highly conservative and included an evaluation based on considering Legal Precedent Issues #1
& #2 described above: i.e., based on exposed glacial deposits ‘touching’ the Coastal Beach, and
separating the lower seawardmost wind-blown sand ramp from the veneer of wind-blown sand
atop glacial sediments; and, the landward limit of the veneer of windblown sand lying atop
glacial deposits to an approximate depth of <1’ (see Figures 3A through 3E above).
The deciding factor to include all windblown sand areas in the ‘coastal dune landward limit’
delineation, including the areas landward of the glacial deposits that are exposed in the seaward
scarp, was that the FEMA-mapped 100-year coastal floodplain, i.e., ‘Land Subject to Coastal
Storm Flowage’ (LSCSF), inundates the land landward of the exposed glacial deposits in the
seaward scarp: thus, the wind-blown sands atop and landward of these glacial deposits ‘touch’ or
‘border’ on a wetland resource area stated in 310 CMR 10.02, i.e., LSCSF.
In addition, the areas adjacent to the exposed glacial deposits in the seaward scarp that have an
aeolian sand ramp that reaches/touches the wind-blown sand atop the buried glacial deposits (i.e.,
beach access stairway areas) are all ‘connected’ to the aeolian/wind-blown deposits landward of
the exposed glacial deposits (see Figures/photos 3 through 3E).
The Wetland ‘Interests’ for Coastal Dunes on 178 Bonnie Doone Cartway
There are presently no performance standards for ‘land subject to coastal storm flowage’.
The ‘interests’ as stated in the Performance Standards for Coastal Dunes at 310 CMR 10.28
include, Storm Damage Prevention, Flood Control, and stated in the DEP Regulations, ‘are also
often significant to the Protection of Wildlife Habitat’. The stated ‘interests’ in the Brewster
Wetland Protection Regulations at c. 172, s. 2.03 are ‘storm damage prevention and flood
control’.
The heavy blue line on current the FEMA Flood Insurance Rate Map as shown on the copy of
Figure 4 below delineates the landward limit of the 100-year coastal floodplain, i.e., ‘Land
Subject to Coastal Storm Flowage’.
19
Coastal Dune Delineation
178 Bonnie Doone Cartway, Brewster
Coastal Advisory Services 6/23/2021
Fig 4: copy of the current FEMA Flood Insurance Rate Map showing the ‘landward limit of the
coastal floodplain, aka ‘land subject to coastal storm flowage’
Note on the copy of Figure 4 above that the ‘landward limit of Land Subject to Coastal Storm
Flowage’ is seaward of the existing cottages. Thus, the wetland ‘Interests’ of ‘storm damage
prevention’ and ‘flood control’ are not applicable to land seaward of the 100-year coastal
floodplain based on 310 CMR 10.28, and not applicable to land within 100’ landward of the
landward limit of the 100-year coastal floodplain based on the Buffer Zone criteria in the
Brewster Wetlands Regulations. The DEP Wetlands Regulations do not cite a Buffer Zone
associated with LSCSF.
As stated in the DEP Wetland Regulations, the ‘protection of wildlife habitat is also often
significant in coastal dunes, thus, may be an applicable interest on the 178 Bonnie Doone
Cartway property.
Summary
In summary, this Report outlines the methodology used to delineate the ‘landward limit of
coastal dune’ as defined in the DEP and Brewster Wetland Protection Regulations, and shows
that delineation on an aerial photograph. The delineation is also shown on the submitted J.M.
O’Reilly & Associates 6/1/2021 ‘Existing Conditions Plan’.
Specific DEP legal precedent-setting criteria describing the difference between a regulated
‘coastal dune’ pursuant to the DEP Wetland Protection Regulations vs. a ‘non-regulatory dune’
are also provided. These criteria exist on the 178 Bonnie Doone Cartway property. In addition,
the field delineation is farther landward than the published DEP delineation. Based on these
considerations, the ‘landward limit of coastal dune’ delineated on the 178 Bonnie Doone
Cartway property is considered highly conservative in its landward limit and expanse of location.
Yours Truly,
Jim O’Connell
Jim O’Connell, Coastal Geologist/Certified Floodplain Manager
Coastal Advisory Services
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)
7/6/2021
Date
To:
Mark Pellegrini & Ellen O'Donnell
Name of Violator
1139 Stony Brook Road, Brewster, MA 02631
Address
1. Location of Violation:
Property Owner (if different)
1139 Stony Brook Road
Street Address
Brewster
City/Town
02631
Zip Code
47
Assessors Map/Plat Number
2 (formerly 23/38)
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 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 08/26/2021
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:
08/26/2021
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:
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.
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
July 6, 2021
Mark Pellegrini
Ellen O'Donnell
1139 Stony Brook Road
Brewster, MA 02631
RE: Cutting and clearing of vegetation within 50 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 1139 Stony Brook Road, Brewster Assessors Map 47, Lot 2 (formerly Map 23, Lot
38).
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. Pellegrini and Ms. Ellen O'Donnell,
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 August 21, 2020, the Conservation Administrator viewed an area of your
property within 50 feet of wetlands which had recently been cleared of the existing
vegetation. In reviewing Conservation Department files for the property, it was
determined that there was no valid permit for the work conducted.
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 August 21, 2020, the Conservation Administrator conducted a site visit and
discussed with you that the work was in violation of the above-regulations. A follow-
up email was sent to you summarizing the discussion, detailing the required
cessation of any activities altering land within the jurisdiction of the Conservation
Commission, and providing guidance in proper permitting.
3. In June of 2021, the Conservation Administrator viewed this same area of your
property remaining impacted from the vegetation clearing. To-date, no application
has been submitted for the clearing and revegetation of the area.
4. On June 16, 2021, the Conservation Administrator sent you an email detailing this
lapse in responsibility for proper permitting and revegetation of the cleared area and
noting that, accordingly, an Enforcement Order would be issued.
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 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 July 27, 2021 via Zoom Meeting starting at 6:00
pm. Please call (508) 896 4546, as soon as possible to confirm.
3. The property owner or his agents will 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 cut/cleared
area shall be included. This application must be submitted by August 26, 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.
1
Noelle Aguiar
From:Noelle Aguiar
Sent:Wednesday, June 16, 2021 10:37 AM
To:mdpellegrini@me.com
Subject:Conservation Commission Enforcement. 1139 Stony Brook Road
Attachments:Email Correspondence Regarding Clearing within 50 feet of Resource Area.
8.21.2020.pdf
Good Morning,
As nearly ten months have passed since we last spoke, I am reaching out to let you know that I will be issuing an
Enforcement Order for the restoration of the cleared area within 50 feet of wetlands which were altered last summer
(see attached). Attendance at a Show Cause Hearing before the Commission as well as a Notice of Intent for
revegetation will be required. The date by which this application must be submitted may be amended by the
Commission to provide time for permitting, however, significant time has passed without any permit application being
submitted or progress towards that end being communicated in some manner. If you have any questions, please let me
know.
Kind Regards,
Noelle Aguiar
M.S. Oceanography and Coastal Sciences
Conservation Administrator
Town of Brewster
1657 Main Street
Brewster, MA 02631
naguiar@brewster-ma.gov
(508) 896-4546 ext. 4242
Effective March 9, 2021, until further notice:
Based on current state guidance and public health data, Brewster Town Offices are open to the public on Tuesdays
and Thursdays during regular business hours. Residents and visitors are urged to continue to access town services
remotely if possible. Phone messages and email communications will continue to be answered promptly. Thank you
for your understanding and cooperation. For the latest updates on Town services, please visit www.brewster-ma.gov.
1
Noelle Aguiar
From:Noelle Aguiar
Sent:Friday, August 21, 2020 1:05 PM
To:'mdpellegrini@me.com'
Subject:Vegetation Management. 1139 Stony Brook Road
Attachments:Notice of Intent. Vegetation Mgt. 183 Brier Lane. 2020.pdf; List of Landscapers,
Engineering Firms, and Arborists.pdf; Site Plan. 1139 Stony Brook Road. BOH.PDF
Good Afternoon,
Thank you for taking some time to review the work you are looking to complete (invasive removal and replanting) on
your property. A permit is needed to cover the vegetation work that has taken place, especially since it was undertaken
without a permit or approval from the Conservation Commission. Any alteration to an area subject to protection or
within 100 feet of areas subject to protection without a permit is a violation. The work does need to stop within the 100
foot buffer until a permit is in place (see attached site plan with the wetland and its buffers (50 and 100 foot) marked
out).
I have attached several resources to help in the permitting process. These include an example of a similar permit
application, an engineer-stamped plan of record for the property showing the wetland and its buffers, and a list of
professional organizations that have presented to the Commission. This list is not exhaustive and does not represent
any recommendations but may help you in your search for a landscape professional who needs to create the site plan
for your application. The paperwork may be completed by you or your representative. A second email will include a list
of native plant species approved for planting projects as well as two plans for your property that are components of this
permit application.
This application process is the next step you should undertake to ensure compliance with the Massachusetts Wetlands
Protection Act and the Brewster Wetlands Protection Bylaw. Blank forms for this application can be found here:
http://records.brewster-ma.gov/weblink/0/edoc/104869/NOI%20Package.pdf
If you need more information or help in completing this process, please let me know.
Kind Regards,
Noelle Aguiar
M.S. Oceanography and Coastal Sciences
Conservation Administrator
Town of Brewster
1657 Main Street
Brewster, MA 02631
naguiar@brewster-ma.gov
(508) 896-4546 ext. 4242
Effective July 7, 2020, until further notice:
Based on current state guidance and public health data, Brewster Town Offices are open to the public on Tuesdays
and Thursdays during regular business hours. Residents and visitors are urged to continue to access town services
remotely if possible. Phone messages and email communications will continue to be answered promptly. Thank you
for your understanding and cooperation. For the latest updates on Town services, please visit www.brewster-ma.gov.
Site Photos. Unpermitted Cutting and Clearing. 1139 Stony Brook Road. 7.2.2021
Site Photos. 1139 Stony Brook Road. Unpermitted Clearing Near Wetland. 9.10.2020
Site Photos. Vegetation Along 1139 Stony Brook Road. November 2019
August 2014
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)
7/6/2021
Date
To:
Thomas Burns and William Kaser
Name of Violator
16 Commonwealth Avenue, South Yarmouth, MA 02664
Address
1. Location of Violation:
Property Owner (if different)
56 Underpass Road
Street Address
Brewster
City/Town
02631
Zip Code
78
Assessors Map/Plat Number
116 (formerly 26/6)
Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Clearing of vegetation, grading, and the placement of fill within 50 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 08/26/2021
Date
for the following:
planting plan for the restoration of areas cleared, graded, and filled 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:
08/26/2021
Date
for the following:
planting plan for the restoration of areas cleared, graded, and filled without a permit.
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.
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
July 6, 2021
Thomas Burns &
William Kaser
16 Commonwealth Avenue
South Yarmouth, MA 02664
RE: Clearing of vegetation, grading, and the placement of fill within 50 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 56 Underpass Road, Brewster Assessors Map 78, Lot 116 (formerly
Map 26, Lot 6).
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. Burns and Mr. Kaser,
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 January 8, 2021, the Conservation Administrator noted machinery conducting
clearing and grading on your property within 50 feet of wetlands, specifically noting
areas which had recently been cleared of the existing vegetation. In reviewing
Conservation Department files for the property, it was determined that there was no
valid permit for the work conducted.
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 January 8, 2021, the Conservation Administrator informed the persons
undertaking the work that the activities were being undertaken without the approval
of and permit issued by the Conservation Commission in areas under their
jurisdiction and in violation of the above-regulations. A verbal cease-and-desist was
issued accordingly as well as a requirement for the placement of erosion controls
along the area of disturbance. Instructions were provided for the property owner to
contact the Conservation Department for the next steps in the resolution of the
violation.
3. On January 11, 2021, the Conservation Administrator conducted a site visit to
assess the placement of the erosion controls, and noted that additional grading and
the placement of fill had been undertaken. A second verbal cease-and-desist order
was issued as well as the requirement for erosion controls to be placed along the
edge of the disturbed areas.
4. On January 12, 2021, the Conservation Administrator conducted a site visit and
confirmed the cessation of activities which would constitute alterations within
jurisdiction and the placement of erosion controls along the edge of the disturbed
areas.
5. On January 21, 2021, the Conservation Administrator issued a Violation Notice
detailing that the activities undertaken within the jurisdiction of the Conservation
Commission were to cease, the regulations under which the activities were
violations, and directions for permitting and restoration.
6. On January 22, 2021, there were email correspondences with William Kaser
detailing the same information as noted in the Violation Notice.
7. In June of 2021, the Conservation Administrator viewed this same area of your
property remaining impacted from the vegetation clearing. To-date, no application
has been submitted for the clearing and revegetation of the area.
8. On June 16, 2021, the Conservation Administrator sent you an email detailing this
lapse in responsibility for proper permitting and revegetation of the cleared area and
noting that, accordingly, an Enforcement Order would be issued. In addition, in
review of the files of record, the most recent permit (SE 9-276) detailed in the Orders
of Conditions and the plan of record that a vegetated, 25-foot buffer was to be
maintained between the edge of the wetland noted on the southern side of the
property and the driveway/parking area. This was an area impacted by the clearing
and grading work noted in January. Google Earth images were also obtained.
Site Photos. 56 Underpass Road. Unpermitted Clearing for Parking Lot. 1.8.2021
Site Photos. Unpermitted Cutting and Clearing. 56 Underpass Road. 1.11.2021
Site Photos. Unpermitted Cutting and Clearing. 56 Underpass Road. 1.12.2021
1
Noelle Aguiar
From:Noelle Aguiar
Sent:Friday, January 22, 2021 4:04 PM
To:'William Kaser'
Cc:Shayna Giampietro
Subject:RE: Brewster Veterinary Hospital
Good Afternoon William,
Thank you for contacting me to address the work that has taken place for the property at 56 Underpass Road. As I am
sure you are aware, any work within 100 feet of a wetland must be permitted through the Conservation Department
before work commences. It was visible on-site and in communications with the contractor that vegetation clearing had
occurred on both sides of the building to provide more area for the parking lot. While I am glad that your contractor
stopped work and placed erosion controls in place when I brought this to their attention, it still requires resolution and
restoration. The Commission is not likely to approved the clearing of vegetation within 50 feet of wetlands for an
expanded parking lot, and are likely to require revegetation work to restore the areas to their previous conditions. The
pink flags visible near the areas of clearing to the left of the building (facing it) have the wording of Delineated Wetland
and stood out when I visited the site. In this point of the process, I would recommend engaging a professional land
surveyor or engineer to complete a new site plan for the property and a Notice of Intent application. The inclusion of
restoration plantings and a physical marker of some kind to prevent future violations would also be recommended.
I will let the Commission know how the process is coming along for this property, and if you need any additional
information, please call or email me.
Kind Regards,
Noelle Aguiar
M.S. Oceanography and Coastal Sciences
Conservation Administrator
Town of Brewster
1657 Main Street
Brewster, MA 02631
naguiar@brewster-ma.gov
(508) 896-4546 ext. 4242
Effective December 22, 2020, until further notice:
Based on current public health data, Brewster Town Offices will be CLOSED TO THE PUBLIC. The Conservation
Department staff are working remotely, and will continue to respond to phone messages and email communications
promptly. If you need assistance, please call (508) 896-4546 and or email at conservation@brewster-ma.gov.For the
latest updates on Town services, please visit www.brewster-ma.gov.Thank you for your continued understanding and
cooperation.
From: William Kaser [mailto:WKaser@brewstervethospital.com]
Sent: Friday, January 22, 2021 11:34 AM
To: Noelle Aguiar <naguiar@brewster-ma.gov>
Cc: Shayna Giampietro <slopes@brewstervethospital.com>
Subject: Brewster Veterinary Hospital
Noelle,
2
I am reaching out to discuss current status of BVH. As you are well aware it has been a very challenging 11
months with the current pandemic. Brewster Veterinary Hospital had plans to do some upgrades to our
current facility prior to the onset of the pandemic. We were working with an architect from Newbury Design
Associates and were going to start the process site revision and planning. All of that came to hault as for the
last 11 months I have been working in the parking lot with all of my staff. The existing parking lot needed
significant maintenance to keep our patients, clients and staff safe. Our original plans may or may not fit in to
the new world we are living in so we are likely going back to the drawing board on what will work and what
won't. I understand the sensitivity of our location and respect the need for environmental concerns. As soon
as our architects can come up with a letter of intent for any further work done at the hospital it will be
presented.
Thank you,
William G. Kaser, DVM
Brewster Veterinary Hospital
1
Noelle Aguiar
From:Noelle Aguiar
Sent:Wednesday, June 16, 2021 10:16 AM
To:wkaser@brewstervethospital.com
Subject:Conservation Enforcement Notice. 56 Underpass Road
Attachments:Order of Conditions. 56 Underpass Road. SE 9-276.pdf
Good Morning,
As nearly six months have passed since we last spoke, I am reaching out to let you know that I will be issuing an
Enforcement Order for the restoration of the impacted areas altered to expand the parking lot within, and up to the
edge of wetlands on 56 Underpass Road. In reviewing the files on record for the property, the most recent permit and
site plan (see attached) clearly depict the limits of the parking areas and sets conditions restricting any expansion of
these areas farther into the 50-foot buffer. Of specific note is the requirement that a 25-foot vegetated buffer be
maintained between the pervious parking area and the wetlands (Conditions 13, 14, and 18). As this requirement was
determined as necessary for the work proposed to meet the performance standards, the Commission now is likely to
determine the same. The Enforcement Order will require revegetation of the expanded parking area to restore this
vegetated buffer and provide the protection that was to remain in place for the wetland. If you have any questions,
please let me know.
Kind Regards,
Noelle Aguiar
M.S. Oceanography and Coastal Sciences
Conservation Administrator
Town of Brewster
1657 Main Street
Brewster, MA 02631
naguiar@brewster-ma.gov
(508) 896-4546 ext. 4242
Effective March 9, 2021, until further notice:
Based on current state guidance and public health data, Brewster Town Offices are open to the public on Tuesdays
and Thursdays during regular business hours. Residents and visitors are urged to continue to access town services
remotely if possible. Phone messages and email communications will continue to be answered promptly. Thank you
for your understanding and cooperation. For the latest updates on Town services, please visit www.brewster-ma.gov.
Form 5 DEOE File No. a
Commonwealth City/Town
of Massachusetts
(To be provided by DEOEj
Brewster
Applicant Moreland and Panaccione
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From Brewster Conservation Commission
To Leslie Moreland/Craig Panaccione
(Name of Applicant) (Name of property owner)
Address 2421 Main St., Brewster, Ma.
This Order is issued and delivered as follows:
0 by hand delivery to applicant or representative on
a by certified mail, return receipt requested on
This project is located at
Address Same
Underpass Road Map 26, Lot 6
(date)
(date)
The property is recorded at the Registry of Deeds, Barnstable Book 2207, Page 238
Book Page
Certificate (if registered)
The Notice of Intent for this project was filed on 3-7-86 (date)
The public hearing was closed on 4-22-86 (date)
Findings
The Brewster Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
commission at this time, the commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act (check as appropriate):
O Public water supply
fiX Private water supply a Ground water supply
fa Flood control
kk Storm damage prevention
al Prevention of pollution
O Land containing shellfish
O Fisheries
5.1
•
Therefore, theDrevis_LexAtoraervation_Commission hereby firtivdthat the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
eiti ier of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Titie of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the commission
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number SE9—.1. ?
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
5-2
ge, •
Plans:
SE 9 -
Title Dated Signed and Stamped by: On File with:
Site Plan-Proposed Brewster
Sewage Disposal System Terry A. Ryder Conservation Commission
with attached Revised
Construction Notes 4-22-86
Special Conditions (Use additional paper if necessary)
13. There shall be a 25 foot buffer zone, except on the northerly side of the site.
14. The Conservation Commission shall allow no further alteration on the property,
beyond the limit of work and grading line as shown on said plan.
15. There shall be no siltation or erosion past limit of work and grading line.
16. No herbicides shall be used on the site.
17. DRiveway and parking area shall be constructed of permeable material.
18. Limits of construction and/or grading, as shown on said plan shall be
visibly marked prior to and during construction.
19. Haybale silt fence shall be securely staked in place
and shall remain in place until disturbed areas have
20. Disturbed areas shall be stabilized and revegetated.
21 Gutters and downspouts to drywells, or crushed stone
shall be utilized to contain roof run-off.
prior to construction
been revegetated.
at roof dripline
(Leave Space Blank) •
5.3A
Issued By
Signature(s)
\or
FW.STF.R
p
Conservation Commission
This Order must be signed by a majority of the Conservation Commission.
On this 13TH
personally appeared
person describ
the same'
day of MAY
William C. Henchy
19 86 , before me
, to me known to be the
ho exe foregoing instrument and acknowledged that he/she executed
MY COMMISSION EXPIRES JUNE 6, 1991
My commission expires
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work is to
be done or any ten residents of the city or town in which such land is located are hereby notified of their right to request the Department
of Environmental Quality Engineering to issue a Superseding Order, providing the request is made by certified mail or hand delivery to
the Department within ten days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified
mail or hand delivery to the Conservation Commission end the applicant.
Detach on dotted line and submit to the Brewster Conservat i on Conuni ss -I on prior to commencement of work.
To Brewster Conservation Commission
Please be advised that the Order of Conditions for the project at Underpass Rd., Brewster, Map 26, Lot 6
File NumberZ.A: C —(9 76 has been recorded at the Registry of Deeds . Barns table and
has been noted in the chain of title of the a ffected property in accordance with General Condition 8 on , 197 6-
If recorded land, the instrument number which i dentifies this transaction is 4)4- 3 g'///
II registered land, the document number which identifies this transaction is
Signature
Issuing Authority
5-4A
Applicant
Google Earth Images. Unpermitted Cutting and Clearing. 56 Underpass Road. August 2014
September 2017
November 2019
August 2014
September 2017
November 2019
August 2014
Site Photos. September 2017
November 2019
July 7 2021 C17284.00
Brewster Conservation Commission Hand Delivery
Attn: Noelle Aguiar , Agent
Brewster Town Hall
2198 Main Street
Brewster, MA 02631
Re: Certificate of Compliance Application Filing Package
Access Stairs and Proposed Pier Reconstruction
Diane Pansire
72 Griffiths Pond Road, Brewster, MA 02631
Map 35 Parcel 157
DEP File No: SE 9-1482
OOC Book: 24283 Page: 219
Dear Commission Members:
On behalf of our client, Diane Pansire, we are submitting a Certificate of Compliance application filing package
including an original check for municipal filing. The following items are enclosed:
• Form WPA-8A Request for Certificate of Compliance
• Statement of Compliance
• Photos of Site
• Copy of $100.00 check made payable to Town of Brewster for town filing fee
Please schedule this for your July 13, 2021 public hearing. If you have any questions or require additional
information, please give our office a call. Thank you.
Sincerely,
COASTAL ENGINEERING CO., INC.
Sarah Cole
Enclosures: as stated
cc: Diane Pansire
Donald K. Munroe, Project Manager
D:\DOC\C17200\17284\Permitting\COC SE 91482\App Trans Ltr.doc
wpaform8a.doc •• rev. 5/29/14 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8A – Request for Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
SE 9-1482
Provided by DEP
A. Project Information
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
1. This request is being made by:
Diane Pansire
Name
72 Griffiths Pond Road
Mailing Address
Brewster
City/Town
MA
State
02631
Zip Code
Phone Number
2. This request is in reference to work regulated by a final Order of Conditions issued to:
Diane Pansire
Applicant
12/14/09
Dated
SE 9-1482
DEP File Number
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.
3. The project site is located at:
72 Griffiths Pond Road
Street Address
Brewster
City/Town
35
Assessors Map/Plat Number
157-2
Parcel/Lot Number
4. The final Order of Conditions was recorded at the Registry of Deeds for:
Property Owner (if different)
Barnstable
County
24283
Book
219
Page
Certificate (if registered land)
5. This request is for certification that (check one):
the work regulated by the above-referenced Order of Conditions has been satisfactorily completed.
the following portions of the work regulated by the above-referenced Order of Conditions have
been satisfactorily completed (use additional paper if necessary).
Access Steps remained in place. Existing pier & pilings have been removed.
the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the
work regulated by it was never started.
wpaform8a.doc •• rev. 5/29/14 Page 2 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8A – Request for Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
SE 9-1482
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?
Yes 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.
No
B. Submittal Requirements
Requests for Certificates of Compliance should be directed to the issuing authority that issued the final
Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit
this request to that Commission. If the project was issued a Superseding Order of Conditions or was the
subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional
Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-
for-your-city-or-town.html).
July 7 2021 C17284.00
Brewster Conservation Commission
Attn: Noelle Aguiar , Agent
Brewster Town Hall
2198 Main Street
Brewster, MA 02631
Re: Statement of Compliance
Certificate of Compliance Request
Access Stairs and Proposed Pier Reconstruction
Diane Pansire
72 Griffiths Pond Road, Brewster, MA 02631
Map 35 Parcel 157
DEP File No: SE 9-1482
Dear Commission Members:
We have made final inspection of the referenced property and found the existing access stairs still in place & old
pier & pilings have been removed, no additional work was done to reconstruct the pier associated with the Plan
Showing Existing Access Steps & Proposed Pier Reconstruction specifications and Order of Conditions issued on
December 14, 2009.
Therefore, on behalf of Diane Pansire, we respectfully request a Certificate of Compliance be issued for this
project.
Please contact me if you have any questions or require additional information.
Very truly yours,
COASTAL ENGINEERING CO., INC.
Donald K. Munroe
DKM/sgc
Enclosure
cc: Diane Pansire
D:\DOC\C17200\17284\Permitting\COC SE 91482\Statement of Compliance.doc
May 18, 2021
Ms. Noelle Aguiar, Conservation Administrator
Conservation Commission
Town of Brewster
2198 Main St
Brewster, MA 02631
Re: Elbow Pond Nutrient Reduction Project
Friends of Elbow Pond Order of Conditions SE 9-1826
Request for Approval of an Extension of the Orders of Condition to Allow a
Fourth Macrophyte Harvesting Campaign
Dear Ms. Aguiar and Brewster Conservation Commission,
The Friends of Elbow Pond would like to conduct an additional, fourth round of
macrophyte harvesting in Elbow Pond, to be done this coming summer. We request
your approval to extend the above-referenced Order of Conditions to allow this fourth
campaign, following the procedures described in this letter and as previously approved
the Conservation Commission and the Massachusetts Natural Heritage Endangered
Species Program.
As stated in the February 3 Project Report, the project so far has resulted in
improvements in pond water quality in some areas, but has not resulted in reduced
phosphorus levels in the water column, which was a primary objective. After accounting
for water weight, an estimated 110 lbs of phosphorus was removed from the pond – a
significant amount in terms of the amount of biological growth this could foster. There
appears to be no impact from the harvesting work on endangered species around the
pond. Overall, the pond had improved water clarity, lower chlorophyll-A, no or low cyano-
bacteria, and anecdotally more fish and turtle life. However, phosphorus levels in 2020
were in the 18 to 30 ug/l range, except in very warm weather and near the bottom,
where levels were much higher. The objective was to reduce phosphorus to below the
10 ug/l "good" level, but at least the levels are mostly below the 40 ug/l "impaired"
level. Regrowth of the water plants in harvested areas continues to be strong.
It is too early to call the project a success or failure. In projects in the mid-west using
macrophyte harvesting to reduce nutrient levels, nutrients in the water column did not
reduce linearly with removal of nutrients via macrophyte harvesting. Instead, in general,
nutrients in the water column remain at high levels until they are depleted in the bottom
sediments, since the nutrients continue to leach out of sediments into the water column,
particularly when anoxic conditions occur at the pond bottom. However, once sediment
nutrients are depleted significantly through uptake by water plants and subsequent
harvesting, significant shifts in water column nutrients occur. Clearly, we have not yet
reached the inflection point in Elbow Pond where sediment phosphorus levels are
reduced enough to start causing reductions in water column phosphorus levels.
In view of this and the absence of any negative impacts from the harvesting work on the
pond ecology or endangered species, the Friends of Elbow Pond would like to do
another, fourth harvesting campaign in the summer of 2021, along with additional
sampling. Hopefully another round of harvesting will get us to the inflection point. The
following steps are proposed, in accordance with the previously approved Orders of
Conditions referenced above:
• Sample both the main pond and cove area in May or June, following the same
sampling protocol as previously approved for the project (in addition to the PALs
sampling of the main pond that was done in April)
• Conduct a second study for endangered odonates (damselflies) to assure that the
work is not impacting them. This was a condition by the DEP Natural Heritage
Endangered Species Program for any further harvesting campaigns. This study
would be done in late June/early July when the damselflies are out. The study would
again be done by Peter Trull, using the same process as for the previous odonate
study. His report would be submitted to the Natural Heritage Endangered Species
Program for review and approval prior to conducting the fourth campaign.
• Assuming the odonate study finds no impact from previous work, conduct a fourth
harvesting campaign, hopefully in August, using similar methods and conditions as
approved for the previous harvesting campaigns.
• Conduct sampling in the main pond and cove area prior to the harvesting campaign
and 2 to 3 weeks after the campaign, again following the same sampling protocol
and conditions as previously approved for the project.
• A photographic record of the project before and after harvesting would again be
prepared, most likely again by way of drone video.
• Prepare and submit a report regarding the fourth campaign and results, by year end,
similar to what was prepared for the first three campaigns.
The approval for the project from the Brewster Conservation Commission (Order of
Conditions SE 9-1826), issued in final form in August 2019, gave approval for 3 years,
but also required that additional harvesting events beyond the initially approved harvests
receive prior review and approval (in writing) from the Natural Heritage Endangered
Species Program and the Conservation Commission.
The prior approval from the Natural Heritage Endangered Species Program gave
approval for 3 harvesting campaigns, and conditioned any further work on showing no
impact to endangered species. An approval for a fourth campaign now has been
received from the Natural Heritage Endangered Species Program via email on May 18,
2021, following the methods described above (which were included in a request email to
Misty-Anne Marold.) A copy of this email approval is given below as Attachment A.
Your approval for a fourth campaign is requested subject to the above plan and all
previously approved conditions for the project.
John S Keith
John S Keith
Technical Leader
Friends of Elbow Pond
Brewster address: 5 Fisher Point Road, Brewster, MA 02631
cc. Chris Miller, Brewster Department of Natural Resources
Tara Nye, Horsely-Witten Group
Mary Mauterstock, Friends of Elbow Pond
Peter Trull, Biologist
Attachment A – Approval of a Fourth Harvesting Campaign from the
Massachusetts Natural Heritage Endangered Species Program, given in an email
dated May 18, 2021
RE: 17-37057, Brewster, approval for 4th harvesting round
John,
Thank you for sending in the details on the proposed 4th macrophyte harvest in
Elbow Pond and included below. The Division approves the harvesting and
methods included in this email.
Best, Misty-Anne
Misty-Anne R. Marold (she/her/hers)
Senior Endangered Species Review Biologist
Massachusetts Division of Fisheries & Wildlife
Natural Heritage Endangered Species Program
1 North Drive, Rabbit Hill Road
Westborough, MA 01581