HomeMy Public PortalAboutBPCC Meeting Packet- 6.29.22Members:
Mary Chaffee,
Select Board
Ned Chatelain,
Select Board
Amanda Bebrin,
Vision Planning
Committee
Patricia Hughes,
Natural Resources
Commission
Tom Wingard,
Recreation
Commission
Karl Fryzel,
At Large
Peter Johnson,
At Large
Caroline McCarley,
At Large
Katie Miller Jacobus,
At Large
Clare O'Connor -
Rice, At Large
John Phillips,
At Large
Town Staff:
Peter Lombardi,
Town Administrator
Town of Brewster
2198 Main St., Brewster, MA 02631
townadmin@brewster-ma. gov
(508) 896-3701
Bay Property Planning Committee Meeting Agenda
Remote Participation Only
June 29, 2022 at 4:00 PM
Pursuait to Chapter 20 of the Acts of 2021, this meeting will be conducted in person and via remote means, in
accordance with applicable law. This means that members of the public body may access this meeting in person, or via
virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all
members of the public body may attend remotely. No in -person attendance of members of the public will be permitted,
and pu )lic participation in any public hearing conducted during this meeting shall be by remote means only. Members of
the public who wish to access the meeting may do so in the following manner:
Please :lick the link below to join the webinar:
https://as02web.zoom.us//84863561303?pwd=bihQazV3Y0NaN0dESk1 LUmxmbGJCdz09
Passcode: 467353
US: +1 312 626 6799 or +1 929 436 2866 Webinar ID: 898 0232 5739 Passcode: 467353
When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in
the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast
live, n real time, via Live broadcast (Brewster Government TV Channel 18), Livestream
(livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov).
1. Call to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recording Statement
5. Public Announcements and Comment: Members of the public may address the Committee on matters
r.ot on the meeting's agenda for a maximum 3-5 minutes at the Chair's discretion. Under the Open Meeting Law, the
6. lommittee is unable to reply but may add items presented to a future agenda.
lection of Officers
7. Update on Solicitation for Consulting Services
8. Update on Beach Naming & Short -Term Public Access Plans
9. eview of Phase II Report Findings & Remediation Plan
10. Follow-up Discussion from Site Visits
11. Discuss Potential Short -Term Uses for Arts Center & Wescott House
12. Discuss Upcoming Meeting Schedule & Format
13. Vote on Meeting Minutes: April 19 and May 10, 2022
14. Discuss Future Meeting Agenda Items
15. Matters Not Reasonably Anticipated by the Chair
16. Next Meetings: July 19, August 2, and August 16, 2022
17. Adjournment
Date Posted:
06/14/2022
Date Revised: Received by Town Clerk:
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
CC: Donna Kalinick, Assistant Town Administrator
RE: Update on Sea Camps Comprehensive Planning Process
DATE: June 3, 2022
The Town contracted with Reed Hilderbrand to assist Administration with the
development of a scope of services for the Comprehensive Planning and Design
Services for the Cape Cod Sea Camps parcels. Over the course of the last several
months, Reed Hilderbrand, working closely with Town Administration, held a number of
meetings with Town staff and key stakeholders, including site visits to each parcel, in
order to develop the scope of work and related project brief for the parcels.
These services are exempt from procurement; however, seeking to identify the best
possible consulting team to support this important work the Town has chosen to use a
format that is similar to a Request for Proposal process, requiring each firm to submit
separate qualitative and price proposals. Administration is sending Requests for Interest
(RFI) to select multi-disciplinary firms on June 6th. Proposals will be due July 15th and
will be reviewed by an internal team made up of the Town Administrator, Assistant
Town Administrator, Director of Public Works, Natural Resources Director, the Select
Board Chair, and the Chairs of the PPPC and BPPC. Interviews will likely be included in
this review process. We hope to have a team under contract by mid-August.
The Reed Hilderbrand work products - Scope of Services and Project Brief - are included
in your packet. As you can see, we have established a project budget of $250k for this
work, $175k of which has been appropriated by Town Meeting. We have applied for a
$75k grant through the state’s Community Planning One Stop program.
Office of:
Select Board
Town Administrator
Reed Hilderbrand LLC
Landscape Architecture
130 Bishop Allen Drive
Cambridge, MA 02139
MEMO
1 June 2022
Mr. Peter Lombardi, Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631
TOWN OF BREWSTER — CAPE COD SEA CAMPS COMPREHENSIVE PLANNING AND
DESIGN SERVICES PROJECT SCOPE DEVELOPMENT
Dear Peter Lombardi,
Reed Hilderbrand is pleased to provide the following text summary recommendation for a
DRAFT scope of services for the Comprehensive Planning and Design Project at the Sea
Camps.
INTRODUCTION
The Town of Brewster has acquired the Cape Cod Sea Camps (CCSC) with the intention of
creating two separate but related waterfront destinations that prominently advance their
Vision Plan. The next step requires a Comprehensive Planning and Design services for the two
sites, the Long Pond Parcel and the Bay Parcel.The Office of the Town Administrator seeks a
creative, collaborative consultant and/or multidisciplinary design team to define and lead this
effort.
The scope of work will include review of existing planning and zoning information, in-depth
site analysis for both parcels, preliminary visioning and program verification, concept design,
and framework planning. Engagement with the community is critical to building trust,
consensus, and momentum. In February 2022, the Town’s Select Board appointed two new
advisory committees tasked with developing plans regarding future uses of both former CCSC
sites — Bay Property Planning Committee (BPPC), 11 members; and Pond Property Planning
Committee (PPPC), 10 members. It is the Town’s expectation that the selected design team
will work with each advisory committee in leading a series of structured community forums
over the course of the project timeline to share information and draw feedback on the future
course of the Sea Camps sites. See Project Brief for schedule and scope of public engagement.
Consultants are invited to organize interdisciplinary teams that best meet the Town’s goals.
The preferred lead consultant is a landscape architect or planner familiar with Cape Cod who
can demonstrate relevant experience with parks and open space and the adaptation of
facilities comparable to the Sea Camps into public spaces. Additional disciplines
recommended are architecture, civil engineering/permitting, ecology, coastal resilience,
universal design/code, and cost estimating.
Although these planning activities will be coordinated, it is the Town of Brewster’s
expectation that planning deliverables will likely be presented for vote during separate Town
Meetings in 2023 and 2024.
TOWN OF BREWSTER CCSC COMPREHENSIVE PLANNING 1 JUNE 2022 PAGE 2
SCOPE OF SERVICES
The following is a general approach to services sought by the Town of Brewster including
recommended tasks. Alternative approaches for the project structure and tasks, especially
ones that add efficiency to the project schedule, may be proposed.
Community Forums described are envisioned to be either in-person or hybrid events. It is
anticipated that the design team meet at least every other month, mainly remotely, with each
of the planning committees for the parcels.
I. DISCOVERY
The initial phase should include a kick-off meeting with Town staff to include a deep dive into
the existing reports, program and user group data, site data, regulatory documents, records
and plans. During the site analysis phase, the design team should assess each parcel
individually and conduct careful study of the distinct site features, ecological conditions,
hydrological systems (including flooding, coastal resilience, stormwater management, and
wetland regulations, among others), circulation and access, infrastructure, historical and
cultural contexts and each parcel’s specific adjacencies. An assessment of existing buildings
for adaptive reuse should be strategic, prioritizing key structures.
Recommended tasks in this phase include:
Mobilization
1.Review of existing information, reports, plans, surveys
2.Data gathering
3.Confirm project schedule and preliminary project goals
4.Establish preliminary contact with planning committees and Town staff, identifying
key liaisons
5.Determine decision-making framework
Existing conditions assessment for both parcels
1.Ecological systems, vegetation, soils, hydrology (flooding stormwater management,
coastal resilience, and wetland regulations)
2.Circulation, access, and parking
3.Preliminary building conditions and feasibility for reuse
4.Infrastructure and utility systems
5.Historical and cultural context
6.Code and regulatory review
Deliverables
1.Existing conditions report for each parcel
II. VISIONING
The Visioning phase should include a Community Forum to share site analysis and preliminary
observations about constraints and opportunities. Following the first engagement event, the
design team should formulate a set of principles with the advisory committees to structure
the rest of the planning process. Preliminary program verification will occur in this phase and
the design team, in collaboration with advisory groups, will prioritize a set of program
opportunities. Partnerships with Mass Audubon and Brewster Conservation Land Trust, and
their associated programs, are to be considered, especially for the Pond parcel. Other
potential partnerships should be explored as well.
TOWN OF BREWSTER CCSC COMPREHENSIVE PLANNING 1 JUNE 2022 PAGE 3
Recommended tasks in this phase include:
Community Forum #1 (Bay and Pond properties)
1.Share site analysis and identify community values
2.Constraints and opportunities
3.Overall program verification
a.Town of Brewster Common (Bay)
i.Define preliminary program options along 6a
ii.Test-fit scenarios for evaluation
b.Community Center (Bay)
i.Define preliminary program options for siting at Bay Parcel
ii.Test-fit scenarios for evaluation
iii.Town resources co-location
c.Public Amenities (Pond and Bay)
i.Waterfront access
ii.Recreation: sports fields, swimming, boating, sailing, tennis,
pickleball courts
iii.Vehicular circulation and parking
iv.Biking and walking trails
4.Siting/access for recreational programming and/or nature-based education
5.Siting/access for appropriately scaled housing
6.Planning principles discussion, addressing at minimum:
a.Universal design (e.g., ADA)
b.Stewardship, maintenance, sustainability
c.Enhanced coastal resilience
d.Enhanced connectivity
e.Opportunities of intergenerational exchange
Building Program: Priorities for Adaptive Re-Use
1.Selected Bay Parcel Buildings
a.Administration building
b.Studio arts center/gallery
c.Boating center
d.Other as identified by consultant
2.Assess Town resources co-location
a.Recreation Department
b.Council on Aging
c.Town Offices
3.Strategy for Assessing future opportunities
a.Scope for housing feasibility and programming
i. Affordable community housing
ii. Seasonal Workforce Housing
b.Scope for Community Center
III. CONCEPT DESIGN AND COMPREHENSIVE PLANS
(TO BE PERFORMED SEPARATELY FOR BOTH PARCELS)
Working separately with the advisory committees for each parcel, the consultant team will
perform Concept Design and set a direction for their development in Comprehensive Plans.
Up to three conceptual plans for each parcel should be developed, including phasing
scenarios. The three plans will be refined to one preferred scheme for the parcel through
design review with the planning committees and multiple community forums. Concept-level
pricing is required for the preferred schemes. Work will conclude with Comprehensive Plan
TOWN OF BREWSTER CCSC COMPREHENSIVE PLANNING 1 JUNE 2022 PAGE 4
documents for the separate parcels, which are to include planning principles, preferred
concept schemes for each parcel, potential phasing and implementation schedules, and
recommended additional scope for further planning and design studies.
Recommended tasks in this phase include:
Concept Design (Bay Parcel)
1.Scenarios
a.Develop site programming & landscape concepts
b.Develop options for programming & siting of new & existing buildings
c.Describe access &circulation
d.Test & refine alternatives
2.Community Forum #3: Share preliminary scenarios
3.Prioritization: Preferred scenario
a.Pricing exercise
b.Phasing approach
4.Concept Design narrative & illustrative materials
5.Community Forum #5: Share preferred scenario
6.Comprehensive Plan: Bay Parcel
a.Finalize deliverables, including concept plan
b.Phasing strategy with interim access projects
c.Future recommended scopes of services (community center)
7.Community Forum #7: Share final Comprehensive Plan
Concept Design (Long Pond Parcel)
1.Scenarios
a.Develop site programming & landscape concepts
b.Develop siting options for housing programs and nature-based education
partner facilities
c.Describe circulation, access, and parking
d.Test & refine alternatives
2.Community Forum #2: Share preliminary scenarios
3.Prioritization – Preferred Scenario
a.Pricing Exercise
b.Phasing Approach
c.Concept design narrative and illustrative materials
4.Concept Design narrative & illustrative materials
5.Community Forum #4: Share preferred scenario
6.Comprehensive Plan: Long Pond
a.Finalize deliverables, including concept plan
b.Phasing strategy with interim access projects
c.Future recommended scopes of services (housing study)
7.Community Forum # 6: Share final Comprehensive Plan
NEXT STEPS: AFTER COMPREHENSIVE PLANNING
This scope of services concludes with the successful votes for Comprehensive Plans. The Town
intends to move as swiftly as possible into schematic design for the chosen first phase of
construction. Related planning and design services may be initiated as appropriate prior to
the completion of scope of services.
TOWN OF BREWSTER CCSC COMPREHENSIVE PLANNING 1 JUNE 2022 PAGE 5
SCHEDULE AND BUDGET
The Town of Brewster has identified a schedule for the Comprehensive Planning scope that
generally seeks to conclude work for Long Pond Parcel in Fall 2023 and Bay Parcel in Spring
2024. These durations reflect desired collaboration with the planning committees and Town
departments. To support fees for design services, the Town of Brewster has allocated
$175,000 and is seeking an additional $75,000 in state grant funding.
Consultants are invited to comment on the feasibility of the stated scope and schedule.
Proposals should outline strategies to perform the scope within the resources available.
END
Town of Brewst er
Cape Cod Sea Camps
Comprehensive Pl anning
and Design Services Proj ect
Proj ect Brief
June 2 0 2 2
7
Cont ent s
In t r od u ct i on: Pu r su i n g t h e Vi si on Pl an
Si t e Si gn i f i c anc e an d Sea Cam p s Legacy
Loc at i on : Tw o Si t es, Com p l em en t ar y St r engt hs
Pl an n i n g an d Des i gn Ser vi c es Pr oj ec t Sch ed u l e
Op p or t un i t y: For t h e Tow n of Br ew st er
Ap p end i x
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 2
Town of Brewster – Cape Cod Sea Camps Comprehensive Planning and Design Project 4
I nt roduct ion:
Pursuing t he Vision Pl an
Im age: can dl eber r yi nn.com
I nt roduct ion:
Pursuing t he Vision Pl an
The Tow n of Br ew st er h as acq ui r ed t h e Cap e Cod Sea Cam p s w i t h t h e
i nt ent i on of cr eat i ng t w o sep ar at e b ut r el at ed w at er f r ont d est i nat i on s
t h at p r om i n ent l y ad van c e t hei r Vi s i on Pl an. The n ext st ep i s a
c om p r eh en si ve p l anni ng an d d esi gn ser vi c es p r oj ect .
About t he Town of Brewst er
Loc at ed i n Bar n st ab l e Cou n t y M assach u set t s, Br ew st er
c om p r i ses 23 sq u ar e m i l es of l an d , i n c l ud i n g 325 ac r es of
b each f r on t and m ar sh l an d s, and 24 l ar ge p on d s. On e-t h i rd
of Br ew st er ’s t ot al ar ea i s h el d i n c on ser vat i on , p r ovi d i n g t h e
p u b l i c w i t h n u m er ous and d i ver se op en s p ac es, yi el d i ng an
exp an si ve, r ur al c h ar ac t er t o t h e t ow n . Th e p op ul at i on of Br ew st er
i s agi n g, an d t h e p r of i l e of i t s p op u l at i on i s sh i f t i n g: d ur i n g
sum m er m on t h s, t h e year-r oun d p op u l at i on of 10,000 t r i p l es t o
over 30,000 w i t h t he ad d i t i on of su m m er r en t al s, t ou r i st s, and
seas onal w or k er s. Al m ost 50% of Br ew st er r es i d en t s ar e s ec on d -
h om e ow ner s.
Th e f or m of gover n m ent p r act i c ed i n Br ew st er i s Tow n M eet i ng
w i t h a Tow n Ad m i n i st r at or and a f i ve-m em b er Sel ect Board . A
Tow n c h ar t er, w hi ch w i l l c od i f y t h e c u r r ent f or m of gover n m en t ,
w as ad op t ed b y Tow n M eet i ng i n M ay 2021 an d i s c u r r ent l y
p end i n g ad opt i on b y t h e st at e l egi sl at u r e. Look i ng ah ead ,
Br ew st er seek s t o sh ap e i t s f u t ur e m or e p r oac t i vel y. Th e Br ew st er
Vi si on Pl an n i ng Com m i t t ee i s d evel op i ng a Local Com p r eh en si ve
Pl an c on s i st en t w i t h t h e c om m uni t y goal s an d val ues i d ent i f i ed i n
t he 2018 Vi si on Pl an. The p l anni n g and d esi gn of t he f or m er Sea
Cam p s w i l l f i gur e p r om i nen t l y i n t he r eal i zat i on and
i m p l em en t at i on of t h e vi s i on .
Acquisit ion of t he Sea Camps
In 2020, Th e Cap e Cod Sea Cam p s c eased op er at i on s af t er
a c en t u r y i n b usi ness, an d t h e t w o p r op er t i es ow n ed b y t h e
Del ahan t y f am i l y — Bay Par c el an d Lon g Pon d — w er e l i st ed
f or sal e. Th e Tow n m ad e t h e suc c essf ul b i d , an d t h en r ec ei ved
t h e over w h el m i n g end or sem ent of vot er s at Tow n M eet i n g i n
Sep t em b er an d at t h e b al l ot i n Oc t ob er 2021. Th e p ur ch ase i s
st r at egi c, af f or d i ng t h e Tow n a l ar ge, h i ghl y vi si b l e op p or t uni t y
t o ap p l y t h e p r i n c i p l es of t h e 2018 Vi si on Pl an an d ot h er r el evan t
t ow n st r at egi c p l an s.To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 6
I nt roduct ion:
Pursuing t he Vision Pl an
Th e Sea Cam p s p ar c el s c an s er ve t o em p h asi ze t h e h i st or y of
Br ew st er, and t o enh an ce i t s sm al l -t ow n , w el c om i n g c h ar ac t er. It s
b each es, t r ai l s, an d f i el d s exp and asset s f or ac t i ve and p ass i ve
r ecr eat i on . Rec en t i nvest m ent s i n t h e p r op er t y by t h e f or m er
ow ner s h ad yi el d ed a b oat i n g c en t er, st ud i o ar t s c en t er, an d a
n ew sw i m m i ng p ool . Lar ge, i n t ac t ec ol ogi es c an b e s u st ai n ed t o
p r om ot e h ab i t at an d p r ot ec t w at er r esou r c es. But t h e p ar c el s
ar e al so l ar ge en ough an d d i ver s e en ough t o s i t e ap p r op r i at el y
scal ed c om m uni t y h ousi ng, i ncl ud i n g r e-us e or ad ap t at i on of
exi st i n g f aci l i t i es f or w or k f or c e or seas on al h ou si n g. Th e p r oj ec t
c an m od el r esi l i en cy f or Br ew st er, i n i t s d esi gn st an d ar d s an d
m an agem en t p r act i c es, w h i l e al s o b ui l d i ng con sen sus ar ound a
m or e su st ai n ab l e year -rou n d ec on om y.
Next St eps
Th e Tow n of Br ewst er w i l l com m i ssi on an i nt erd i sci p l i n ar y d esi gn
t eam t o l ead a c om p r eh en si ve p l an n i n g an d d esi gn s er vi ces
p r oj ect ad d r ess i n g t h e Sea Cam p s p arcel s. Th i s c onsu l t an t
w i l l w or k c l osel y w i t h t h e Of f i c e of t h e Tow n Ad m i n i st r at or an d
t h e p l an n i n g ad vi sor y b oar d s char ged by t h e Sel ect Boar d t o
gu i d e t h e d evel op m en t of eac h p ar c el . Th ei r w or k t oget h er w i l l
em p ow er the Tow n of Br ew st er t o or gani ze t h ei r p r oj ec t i n w ays
t h at ar e st r at egi c an d c onsi st ent w i t h t h e Vi si on Pl an .
Th e f ol l ow i n g Br i ef p r ovi d es d es i gn er s an d p l an n er s w i t h
c on t ext u al u n d er st and i ng of t h e p r oj ect an d i t s st ak es i n or d er t o
m ak e an i n f or m ed an d ad van t ageou s p r op osal .
Phot o: Cape Cod Ti m es
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 8
S it e S ig n ifi c a n c e a n d
Sea Camps Legacy BAY P ARCEL +
LONG P OND P ARCEL+
S it e S ig n ifi c a n c e a n d
Sea Camps Legacy
Th e Tow n of Br ew st er i s a l an d sc ap e of
ext r aor d i n ar y c h ar ac t er, r i c h i n n at u r al b eaut y
an d b el oved b y com m uni t y m em b er s an d vi s i t or s
al i k e. It i s al so a p l ac e w i t h a l on g, con t i nuou s
h i st or y of h um an oc c u p at i on , i n c l ud i n g as t h e
h om el an d s of t h e Aq ui nnah Wam p anoag an d
t h e M ash p ee Wam p an oag p eop l es. Evi d enc e
of Nat i ve Am er i can l i f e ob ser ved t h rou gh
ar ch aeol ogy ac r oss Cap e Cod , d at i n g b ac k as
f ar as 12,000 year s ago, p or t r ays num er ou s
t r ad i t i ons w h i c h each b r ough t a h i gh d egr ee
of h u m an ad ap t at i on an d ad j ust m en t t o ever-
c h angi n g envi r onm ent s.
Phot o: ht t p s://br ewst er conser vat ion-
t r u st .or g/
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 1 2
S it e S ig n ifi c a n c e a n d
Sea Camps Legacy
Cap e Cod Sea Cam p s h ave b een a f eat ur e of
t h e Tow n f or al m ost h al f of i t s h i st or y, si nce i t
w as i n c or p or at ed as a m u n i c i p al i t y i n 1803.
Ow n ed and op er at ed b y t h e Del ah an t y f am i l y
si nce 1922, t h e c am p w as f ound ed b y Rob er t
an d Em m a Del ah an t y w i t h t h ei r f r i en d Har r i m an
Dod d . Fi r st i t w as Cam p M on om oy, a cam p f or
b oys on a p l ot of l an d i n West Har w i c h ow n ed
b y t h e Dodd f am i l y. In 1926, t h e c am p m oved t o
45 ac r es i n Br ew st er. Cam p Won o, a gi r l s’ c am p,
w as c r eat ed i n 1939, l oc at ed on t h e l and n ow
k n ow n as t h e Bay Par c el . Th i s w as f ol l ow ed by
t h e add i t i on of a d ay c am p i n 1965. A m er ger of
t h e b oys’ an d gi r l s’ c am p s at t h e Bay Par c el si t e
i n 1975 c oi n c i d ed w i t h t h e f am i l y’s p ur ch ase of
ad d i t i onal l and on Lon g Pond , c r eat i n g t h e Sea
Cam p s as k n ow n t od ay. Th e Del ahan t ys r an t h ei r
b u si n ess as st ew ar d s an d ed uc at or s f or n ear l y a
c en t u r y, u n t i l i t ’s l ast sum m er i n 2019.
Al l i m ages: f acebook .com /
CapeCodSeaCam ps
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 1 4
3
S it e S ig n ifi c a n c e a n d
Sea Camps Legacy
Cap e Cod Sea Cam p s w as a p r i vat e s u m m er
c am p k n ow n f or i t s b l en d of r ec r eat i onal
act i vi t i es t ai l or ed t o t h e p ar t i c u l ar i t i es of i t s
l an d hol d i ngs — sai l i n g, ar ch er y, m ar k sm an shi p,
t enni s, ar t , t eam sp or t s, d r am a, w ood w or k i n g,
w at er sk i i n g, an d w i n d sur f i n g. The Sea Cam p s
h as b een an i m p or t ant p ar t of t h e Tow n’s h i st or y.
In m any w ays, t h e Sea Cam p s p r op er t i es h ave
b een l an d m ar k s and i n t egr al t o Br ew st er ’s
i d ent i t y. How ever, p r i or t o t h e Tow n’s ac q ui si t i on
of t h ese p r op er t i es, m an y Tow n r esi d en t s w er e
n ot ab l e t o en j oy al l t h at t h ey h ad t o of f er.
Ac c or d i ngl y, i t ’s i m p or t an t t h at f u t ur e u ses of
t h es e si t es w i l l b e i n c l u si ve i n cr eat i n g a sense
of com m uni t y.
2
1
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 1 6
Im ages:
1 Cam p Wono i n t he 1950 s, f rom a
2002 cam p pub l i cat i on
2 ht t ps://www.i nst agram .com /
capecodseacampsal um ni
3 cap ecodseacam ps.com
Town of Brewster – Cape Cod Sea Camps Comprehensive Planning and Design Project 18
Locat ion: Two Sit es,
Compl ement ary St rengt hs
Locat ion: Two Sit es,
Compl ement ary St rengt hs
Th e Cap e Cod Sea Cam p s oc c u p i ed t h ei r t w o
si t es d i f f er en t l y, f i t t i n g t h ei r p r ogr am t o t ak e
ad vant age of each l oc at i on’s uni q u e n at u r al
q ual i t i es and char act er s. Th ese h i st or i c p at t er ns
of u se m ay of f er p r ec ed ent s f or t h e Tow n of
Br ew st er, c l u es t o gui d e i nvest m ent s an d d ef i n e
p r ogr am m i ng. Th e Tow n seek s t o est ab l i sh eac h
of t h e p ar c el s i nd i vi d u al l y w h i l e al so s eek i ng
ou t syner gi es an d d evel op i ng c om p l em en t ar y
st r en gt h s.
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 2 0
Bay Parcel
Fi f t y-f i ve ac r es c om p r i se 800-f eet of b each (1450 f eet
i n t ot al w h en i n c l u d i ng Sp r u c e Hi l l ), d unes, f i el d s,
m at u r e w ood l an d s, a f r esh w at er p on d , w et l an d s, and
t h e f ac i l i t i es of t h e r esi d en t i al s u m m er cam p. Op en i n g
t h e s i t e t o t h e p ub l i c h ol d s t h e p ot en t i al t o c r eat e a
h i ghl y vi si b l e l and s c ap e st at em en t ab out t h e Tow n , i t s
val u es, an d i t s f ut ur e. Th er e ar e 80+ r em ai n i n g b ui l d i ngs
i n var yi n g c on d i t i on . A h i st or i c h ouse, c onver t ed t o t h e
c am p’s ad m i ni st r at i on b ui l d i ng, i s s i t ed p r om i n ent l y
an d i s i c on i c f or t he com m uni t y. Th e si t e al s o f eat u r es
r ec ent l y b u i l t am en i t i es i n c l u d i n g a sw i m m i n g p ool , ar t s
c en t er, an d b oat h ou se. Th e p l anni ng p r oj ect w i l l ass es s
t h e p ot en t i al t o c o-l oc at e exi st i n g Tow n r esour c es, s u ch
as t h e Dep ar t m en t of Rec r eat i on an d Cou n c i l on Agi n g,
i n a n ew i n t er gen er at i onal Com m un i t y Cen t er. Ar eas of
t h e s i t e c ou l d al so of f er op p or t u n i t i es f or seas onal or
w or k f or c e h ous i n g.
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 2 2
Long Pond Parcel
A w i n d i n g r oad an d t r ai l n et w or k l ead t h r ou gh si xt y-
si x ac r es of w ood l an d an d a f or m er c r an b er r y b og t o
r eac h t h e Cap e's l ar gest f r es hw at er p on d w i t h a b each
an d d ock s f or b oat i n g. Th e sh el t er ed w at er f r ont , w el l -
su i t ed f or r ec r eat i on al w at er sp or t s and sk i l l s-b u i l d i n g,
i s envi s i on ed t o h ost M as s Au d u b on’s n at u r e-b ased
ed u c at i on an d Tow n r ec r eat i on p r ogr am m i n g; ac c ess
t o t h e si t e i s t o b e d esi gned w i t h t h i s i n m i nd . An ot h er
p ar t ner, Br ew st er Con ser vat i on Tr u st , seek s t o p r eser ve
an d p r ot ec t exi st i n g op en sp ac e w h i l e c on n ec t i n g w i t h
ad j ac en t p as si ve r ecr eat i on al t r ai l s. Th e p l an n i n g p r oj ect
will also eval u at e t h e f easi b i l i t y of si t i ng ap p r op r i at el y-
sc al ed , af f or d ab l e h ous i n g n ear Lon g Pon d Road w h i l e
r esp ect i n g w at er su p p l y w el l h ead p r ot ect i ons ac r oss a
m aj or i t y of t h e si t e.
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 2 4
Town of Brewster – Cape Cod Sea Camps Comprehensive Planning and Design Project 26
Schedul e
Th e Tow n of Br ew st er seek s a p l anni ng p r oc es s w i t h m u l t i p l e
even t s w h er e t h e c on s ul t ant t eam c an sh ap e an i n f or m ed
c onver sat i on an d b ui l d c l ear vi s i on s f or each p arc el . It i s
r ec om m end ed t hat t he p roc ess cr eat e a f ound at i on w i t h a shar ed
vi si on , t hen sp l i t i nt o t w o p ar al l el t r ack s f or t h e c onc ep t d esi gn
p hase, ad d r essi n g each si t e sep ar at el y. Dur i n g t he c on c ep t d esi gn
p h ase f or t h e Par c el s, t h e c on su l t an t w i l l h ost and st r u c t ur e t w o
Com m u n i t y For um s f or eac h si t e. Con c ep t d esi gn ef f or t s f or t h e
si t es ar e t o c ul m i n at e i n a Com p r eh en si ve Pl an , w h i ch i n c l u d es
p h asi n g st r at egy an d p r i c i n g. Th ese p l ans w i l l t h en b e p r esen t ed
t o Tow n M eet i n g f or ap p r oval .
Work ing Wit h The Wider Communit y
The Tow n an t i c i p at es t he c onsul t ant w i l l sc h ed ul e, p rogr am , and
l ead –i n p ar t ner sh i p w i t h t h e Pl an ni ng Com m i t t ees an d Tow n
Ad m i ni st r at i on–t h e nec es sar y Com m uni t y For um s d esc r i b ed i n
t h e sch ed u l e. Even t s an d c am p ai gn s assoc i at ed w i t h t h e f ut ur e
of t h e Sea Cam p s p ar c el s sh oul d al so b e con si d er ed , s uch as
a d i gi t al su r vey ac c es si b l e on l i n e t hat d r aw s p u b l i c sen t i m en t ,
i d eas, an d st or i es ab out t h e CCSC p ast , p r esen t , an d f u t ur e.
Begi nni ng i n Sum m er 2022, i nt er i m p r oj ect s at t h e Bay an d Long
Pon d p ar c el sh oul d b e u sed as op p or t u n i t i es t o t est i d eas and
eval u at e p oss i b l e f ut u r e i m p r ovem ent s.
Town of Brewster – Cape Cod Sea Camps Comprehensive Planning and Design Project 28
Opport unit y: For t he
Town of Brewst er
Im age: f acebook .com /
CapeCodSeaCam p s
Cent ral Jewel :
A Town Common
Br ew st er i s r i c h w i t h con ser vat i on l an d and
p r ot ec t ed op en s p ac e. Th er e i s, h ow ever, not hi ng
q u i t e l i k e t h e Bay Par c el of t h e Sea Cam p s w i t h
i t s exp an s i ve, h i gh l y vi s i b l e f i el d s, an d p r i m e
b ayf r on t l oc at i on . It s w i d e-op en c h ar ac t er
em p h as i zes t h e t ow n’s agr i c u l t ur al h er i t age
an d r u r al l an d s c ap e. Th i s si t e i s al so a p l ace
of m em or y f or r esi d ent s, as ac t i vi t y at t h e Sea
Cam p s m ar k ed t h e c h ange of seas ons. Wh at
c an t h i s l oc at i on of f er as a p l ac e of gat h er i n g
an d r ec r eat i on? How c an i t m ak e a st at em en t
ab out t h e f u t ur e of Br ew st er : Al l ar e w el c om e,
a p l ac e f or ever yon e? Lack i n g a t r ad i t i on al Tow n
Com m on or d ow nt ow n , cou l d t hi s p r op er t y
ser ve a c en t r al l oc at i on t o c on vene f or Br ew st er
r esi d en t s?
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 3 0
Publ ic Amenit ies
Each i n t h ei r ow n w ay, t h e p ar c el s p r es en t
op p or t uni t i es t o c ont r i b u t e t o t h e Vi si on Pl an
t h r ough t he c r eat i on of n ew p ub l i c am eni t i es
t h at f u r t h er Br ew st er ’s i d ent i t y and p rom ot e i t s
val ues. Sw i m m i n g, s ai l i n g, and b oat i n g c an gr ow
t h r ough exp and ed w at er f r on t ac c ess at b ot h
l oc at i ons an d t h e p ool at t h e Bay Par c el . Sp or t s
an d r ec r eat i on al ac t i vi t i es c an t h r i ve at t h e
Bay Par c el w h i l e op en s p ac e exp er i enc es and
n at u r e-b ased act i vi t i es c an oc c u r at b ot h . Ar t s
an d c u l t ur al op p or t u n i t i es sh oul d b e exp l or ed as
w el l .
Th er e i s w el l est ab l i sh ed i nt er est an d n eed
t o c r eat e a com m uni t y cen t er i n Tow n . Ear l y
c on si d er at i on of t h e Bay p r op er t y sh oul d
asc er t ai n t he ext ent t o w h i c h t h i s s i t e i s b est
sui t ed f or t h i s p u r p ose. Wh i l e d et ai l s ab out t h i s
f aci l i t y an d i t s p r ogr am m i n g w i l l b e t ak en u p i n
a f u t ur e p l an n i n g p h ase, c er t ai n assu m p t i on s
ab out t h i s n ew f ac i l i t y w i l l b e c ent r al t o t h e Bay
p r op er t y p l an n i n g i n i t i at i ve.
Phot o: ht t ps://www.i nst agram.com /
capecodseacam psal um ni
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 3 2
Communit y
Resil ience
Br ew st er ’s Vi si on p r i or i t i zes com m un i t y
r esi l i en c e and t he evol ut i on of a vi b r an t gr een
econ om y. Wh et h er ac t i vat i ng or con ser vi ng t h e
l and , t h e p r oj ec t sh oul d p r om ot e h eal t h an d
w el l b ei n g as w el l as ec ol ogi c al sust ai n ab i l i t y.
How t h e si t es ar e ac c es sed w i l l b e c r i t i c al .
Dec i si on s m ad e t o b ui l d new vs. ad ap t an d
r e-u se w i l l m ak e a st at em en t . Li k ew i s e,
h ow t h e d un es and c ons er vat i on ar eas ar e
i n c or p or at ed — n ot j u st p r ot ect ed — i n t o an
exp er i enc e on t h e s i t e c an set a st and ar d f or
gr een i n f r ast r u c t ur e. Fi n al l y, t h e p r oj ec t sh ou l d
assess t h e f easi b i l i t y of ap p r op r i at el y sc al ed
c om m un i t y hou si n g an d /or s easonal w or k f orce
r ent al s t o sust ai n and su p p or t t h e Tow n’s var i ed
h ou si n g n eed s. Fi n anc i ng s ou r c es f or on e-t i m e
c ap i t al exp ens es an d ongoi n g op er at i ng c ost s
sh oul d b e c l osel y c ons i d er ed t o ensu r e l on g-
t er m f i nan c i al su st ai n ab i l i t y.
Phot o: Town vot i ng t o app r ove t he
pu rchase of Cape Cod Sea Cam ps
ht t p s://www.f aceb ook .com /br ewst er mass
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 3 4
St rat egic
Par t nerships
Tow n of Br ew st er h as d em on st r at ed t h e val u e
of r el at i on sh i p s an d st r at egi c p ar t n er sh i p s i n
t h e p ast an d i n t h e p r ocess of sec ur i n g t he Sea
Cam p s. Th e p l an n i n g p r oc ess sh al l exp l or e h ow
r el at i on sh i p s w i t h p ar t ner s l i k e M ass Aud u b on ,
Br ew st er Conser vat i on Tr u st , an d YM CA Cap e
Cod — and p er h ap s ot h er s — ar e em b ed d ed
i n t h e next evol u t i on of t h e f or m er Cap e Cod
Sea Cam p s si t es i n w ays t h at ar e m ut ual l y
b enef i c i al .
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t 3 6
38
Appendix
• Br ew st er Vi si on Pl an
• 2021 Br ew st er Vi s i on Pl an Rep or t
• CCSC Pub l i c For um Pow er p oi nt Ser i es
• Op en Sp ac e an d Rec r eat i on Pl an
• Hou si ng Pr od uc t i on Pl an
• Coast al Res ou r c e M an agem en t Pl an
To w n o f B r e w s t e r – C a p e C o d Se a C a m p s C o m p r e h e n s i v e Pla n n i n g a n d D e s i g n Pr o je c t
Town of Brewster – Cape Cod Sea Camps Comprehensive Planning and Design Project 40
Thank You
Im age: f acebook .com /
CapeCodSeaCam p s
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
CC: Donna Kalinick, Assistant Town Administrator
RE: Proposed Beach Names
DATE: May 20, 2022
At your March 21 meeting, the Board discussed our plan to launch a contest for
residents to submit proposed names for the new public beach located at 3057 Main
Street. The contest was held from April 1 to April 15, and we received 567 submissions
in total, including numerous repeat suggestions. As discussed, after the deadline,
Donna and I met with Select Board members Mary Chaffee and Ned Chatelain for an
initial review of the submissions to develop a short-list of names for the Select Board to
consider. Several of the proposed beach names that we supported bringing forward
sought to recognize and acknowledge Brewster’s Wampanoag heritage. Accordingly,
we contacted the Historic Preservation Office for the Mashpee Wampanoag Tribe and
others asking for feedback about those potential names to ensure they would be both
historically accurate and culturally appropriate.
Following this process, we present four (4) names for your consideration:
1.Wono: Following the Delahanty family’s purchase of the 55 acre bay property in
1938 seeking to establish a sister camp to the all boys Camp Monomoy, they
opened an all-girls camp called Camp Wono in 1939. The property was known
as Camp Wono until the two camps consolidated on this site in the mid-1970s
before the Monomoy property was eventually sold to the MA Department of
Conservation and Recreation in the 1980s. The Wono name was intended to
honor Sachems Wono and Sachemus, who sold most of what is today central
and east Brewster to Thomas Prence in 1653.
2.Sea Camps: Recognizing the almost 100-year legacy of the Cape Cod Sea
Camps on this historic property, residents also noted that, as a matter of
practice, people will likely refer to the beach as Sea Camps anyways (at least in
the near term). Over 100 residents suggested this name, significantly more than
any other submission.
Office of:
Select Board
Town Administrator
3.First Light: The original inhabitants of Brewster, the Wampanoags, were also
known as the “People of the First Light”. This name broadly encapsulates
various submissions seeking to honor Brewster’s Wampanoag heritage.
4.Wild Acres: Prior to the Delahanty family purchase of this property for use as a
camp, it was a private residential estate owned by the McQuillen family.
Consistent with early 20th century custom to name homes, the McQuillens called
this property Wild Acres. The name is also a reference to the Town’s ongoing
commitment to conservation and open space.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
CC: Donna Kalinick, Assistant Town Administrator
RE: Summer 2022 Sea Camps Public Access
DATE: May 20, 2022
The Town received approval from the Conservation Commission late last month to
undertake the beach parking project. Those permits are now in place and will govern
our activities on the site – see attached for more details. The Department of Public
Works is coordinating this project, with site work set to begin next week. Based on the
current status of materials purchases and contractor coordination, we still anticipate an
opening on or around July 1. Once we are further along with the work (likely mid-
June), we will make an announcement about the first day that the beach will be open
to residents.
The parking lot will be open to residents 7 days/week in July & August from 8AM until
8PM. The Recreation Department has hired several additional seasonal employees who
will check resident beach stickers at the main gate. Gatekeepers will only admit up to
the 50 vehicles that will fit in the new parking lot at a time. Town Administration plans
to present a recommended policy on this new beach with more operational details for
your consideration at your June 13 meeting. The Natural Resources Department may
also construct a new kayak rack adjacent to the beach path. We should have
information on that by mid-June as well.
As previously approved, the Town is using up to $150k in available ARPA funds to pay
for the one-time expenses and operating costs associated with opening this beach area
to residents for this summer. The Bay Property Planning Committee will determine
long-term public access and parking solutions at this site through the comprehensive
planning process. In the meantime, we believe this interim arrangement will meet our
goal of providing access to one of the most critical amenities of this property for the
next several years.
Office of:
Select Board
Town Administrator
In addition to beach access, the Town also plans on hosting several events on the Bay
property this summer:
Friday July 22 at 8:00 PM, the Recreation Department and Council on
Aging will host a Silver Screen Movie Night.
Friday August 5 at 8:00 PM, the Recreation Department and Brewster
Ladies Library will host a Family Movie Night.
Thursday August 18 at 6:00 PM, the Brewster Band will perform a concert.
Friday August 26 at 5:00 PM, the Town will host a Touch-a-Truck event.
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O
F
D
I
R
T
WATER MAIN
EDGE OF D
U
N
E
BUILDING
1
2
5
3
4
H.C.
2
0
'
6
'
2
0
'
2
0
'
2
0
'
H.C.
H.C.
8
'
8
'
8
'
8
'
9'
SAND PA
T
H
T
O
B
E
A
C
H
STO
P
19
12
17
3
PROPOSED 10' FT WIDE BY 20 FT. LONG
PARKING SPACES (TYP.)
PROPOSED "STOP
LEFT TURN ONLY"
SIGN
EXISTING
BUILDINGS TO
REMAIN
5
'
TO BE REMOVED
(1,097± S.F.)
P
R
O
P
O
S
E
D
K
A
Y
A
K
R
A
C
K
S
X
X
X
PROPOSED PORTABLE
TOILETS & FENCED TRASH
RECEPTACLES ON EXISTING
PAVEMENT
TO BE REM
O
V
E
D
(1,268± S.
F
.
)
P
R
O
P
O
S
E
D
B
I
K
E
R
A
C
K
PROPOSED
BITUMINOUS
CONCRETE
BERMS
22
21
21
22
21
26
25
24
23
PROPOSED CATCH
BASIN RIM EL. = 21.8±
INV. OUT = 19.80
PROPOSED CATCH BASIN
RIM EL.=21.1±
INV. OUT = 19.10
OUTLINE OF PROPOSED STORMWATER
RECHARGE BASIN
(8.25'W X 21.99'L X 2.7'DCULTEC R-180)
BOT. OF STONE = 17.98
PROPOSED BITUMINOUS
CONCRETE BERM
22
'
OUTLINE OF PROPOSED
BIO-FILTRATION BASIN
BOT. EL. = 17.20
PROPOSED PAVEMENT TO
BE REMOVED (203± S.F.)
PROPOSED BITUMINOUS
ENTRY DRIVE (3,553± S.F.)
PROPOSED PAVEMENT TO
BE ADDED (32± S.F.)
2
4
'
20
2
0
1
9
1
9
+17.90
+18.04
+18.21
+18.30
+17.90
18
18
19
19
19.10+
19.50+
18.97+
2
0
2
1
1
9
D
D
D
D
1
8
1
7
1
6
1
5
PROPOSED NYLOPLAST
DRAIN BASIN
RIM EL. = 15.56
INV OUT EL. =13.80
PROPOSED NYLOPLAST
DRAIN BASIN
RIM EL. = 17.70
INV OUT EL. =16.20
PROPOSED SEDIMENT FOREBAY W/
CONCRETE WEIR
FLOOR EL. = 17.20
WEIR EL. = 17.70
PROPOSED 8" SDR 35 PIPE
( L = 59', S = 0.5% )
1
8
OUTLINE OF PROPOSED
STORMWATER RECHARGE BASIN
(5.0'W X 15.66'L X 2.7'D CULTEC R-180)
BOT. OF STONE = 17.38
PROPOSED CRUSHED
CONCRETE INLET (TYP.)
OUTLINE OF PROPOSED STORMWATER
RECHARGE BASIN
(25'W X 41'L X 2.7'D CULTEC R-180)
BOT.OF BASIN EL. = 14.90
BOT. OF STONE. = 11.30
1
7
PROPOSED LIMIT OF
WORK/SILT BARRIER
PROPOSED SEDIMENT FOREBAY
WITH CONCRETE WEIR
BOT EL. = 17.00
WEIR EL = 17.70
PROPOSED PAVEMENT TO
BE REMOVED (725± S.F.)
TO BE REMOVED
(228± S.F.)
PROPOSED FLARED END
SECTION W/ RIPRAP
INV. OUT = 15.91
2
1
'
PROPOSED PAVEMENT TO
BE REMOVED (65± S.F.)
TR
U
C
K
O
N
L
Y
PROPOSED 8" SDR 35 PIPE
( L = 32', S = 1.0% )
PROPOSED 8" SDR 35 PIPE
( L = 22', S = 1.0% )
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VERTICAL DATUM IN U.S. SURVEY FEET
REFERENCED TO THE NORTH AMERICAN
VERTICAL DATUM OF 1988 (NAVD88) BASED
UPON THE HEXAGON SMARTNET RTK
NETWORK.
DATUM:
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BOUND
ELECTRIC MANHOLE
LEGEND
ELECTRIC METEREM
V SEPTIC VENT
C CLEANOUT
PULL BOXPB
CONTOUR20
SPOT ELEV.x23.5
E
EXISTING
SEDIMENT CONTROL BARRIER
CONTOUR
PARKING SPACE COUNT
PROPOSED
17
28
50' BUFFER
100' BUFFER
ISSUED FOR REGULATORY REVIEW 04-08-2022
NOT FOR CONSTRUCTION
SEDIMENTATION BARRIER DETAIL
NOT TO SCALE
EROSION & SEDIMENTATION CONTROL NOTES:
1.THE SEDIMENT CONTROL BARRIER SHALL BE INSTALLED PRIOR TO
THE START OF CONSTRUCTION AND MAINTAINED UNTIL
STABILIZATION AND REVEGETATION OF DISTURBED AREAS.
2.DURING CONSTRUCTION, THE CONTRACTOR SHALL BE
RESPONSIBLE FOR EROSION CONTROL AND SHALL PROTECT THE
CONSTRUCTION SITE FRO EROSION UNTIL COMPLETION OF
SITEWORK AND ESTABLISHMENT OF VEGETATIVE GROUND
COVER.
3.AFTER GRADING, EXPOSED SLOPES SHALL BE COVERED WITH
NORTH AMERICAN GREEN SC150 EROSION CONTROL BLANKET, OR
APPROVED EQUAL. THE EROSION CONTROL BLANKET SHALL BE
INSTALLED IN CONFORMANCE WITH MANUFACTURER'S
SPECIFICATIONS.
4.THE CONTRACTOR SHALL PRACTICE GOOD HOUSEKEEPING
MEASURES DURING THE DAY TO DAY OPERATION AT THE SITE.
THE SITE SHOULD BE POLICED DAILY TO REMOVE ANY LITTER OR
DEBRIS.
5.MATERIAL STOCKPILES THAT ARE IN PLACE FOR AN EXTENDED
PERIOD OF TIME SHALL BE STABILIZED WITH VEGETATION,
MULCHING, EROSION CONTROL BLANKETS, AND OTHER
MEASURES THAT RE NECESSARY TO PREVENT THE DISCHARGE
OF SEDIMENT FROM PROJECT SITE.
BURRY BOTTOM OF
FILTER FABRIC IN
6" x 6" TRENCH
FILTER FABRIC
STAPLE TO POST
1" x 2" x 4' WOODEN STAKE
6' ON CENTER (MAX)
PROTECTED
AREA
SLOPE 2'
±
4'
±
BREWSTER, MA
MAIN ST
.
RT. 6A
CAPE
C
O
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R
A
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REFERENCE:
ASSESSORS MAP 8, PARCEL 8
LAND COURT PLAN 11515A
LAND COURT PLAN 26124A
PLAN BOOK 119, PAGE 57
PLAN BOOK 216, PAGE 71
PLAN BOOK 481, PAGE 81
FLOOD ZONE:
THE SUBJECT PREMISES AS SHOWN LIES WITHIN
FLOOD ZONE VE(EL. 15), AND ZONE X, AS
INDICATED ON FLOOD INSURANCE RATE MAP
NUMBER 25001C0418J FOR BARNSTABLE COUNTY
MASSACHUSETTS WITH AN EFFECTIVE DATE OF
JULY 16, 2014.
3586± S.F. TOTAL IMPERVIOUS COVERAGE REMOVED
3585± S.F. TOTAL IMPERVIOUS COVERAGE ADDED
CHANGE IN IMPERVIOUS COVERAGE
(0-100' FROM EDGE OF DUNE)
ACCESSIBLE STALLH.C.
CONTRACTOR TO REVEGETATE AREAS WHERE
IMPERVIOUS COVERAGE HAS BEEN REMOVED WITH
A MIX OF BEACH PLUMB, VIRGINIA ROSE, AND
BEACH GRASS.
REVEGETATION NOTE:
wpaform5.doc • rev 5/18/2020 Page 1 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
A. General Information
Please note:
this form has
been modified
with added
space to
accommodate
the Registry
of Deeds
Requirements
Important:
When filling
out forms on
the
computer,
use only the
tab key to
move your
cursor - do
not use the
return key.
1. From: Brewster
Conservation Commission
2. This issuance is for
(check one): a. Order of Conditions b. Amended Order of Conditions
3. To: Applicant:
a. First Name
b. Last Name
The Town of Brewster
c. Organization
2198 Main Street
d. Mailing Address
Brewster
e. City/Town
MA
f. State
02631
g. Zip Code
4. Property Owner (if different from applicant):
a. First Name
b. Last Name
c. Organization
d. Mailing Address
e. City/Town
f. State
g. Zip Code
5. Project Location:
3057 Main Street
a. Street Address
Brewster
b. City/Town
101
c. Assessors Map/Plat Number
45 (8/8)
d. Parcel/Lot Number
Latitude and Longitude, if known:
41d 46m 42.57s
d. Latitude
70d 2m 41.23s
e. Longitude
wpaform5.doc • rev 5/18/2020 Page 2 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Barnstable
a. County
Ctf: 228379, Doc # 1,445,889
b. Certificate Number (if registered land)
c. Book
d. Page
7. Dates: 3/24/2022
a. Date Notice of Intent Filed
4/26/2022
b. Date Public Hearing Closed
4/27/2022
c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Plan Showing Proposed Site Modifications
a. Plan Title
Coastal Engineering Company, Inc.
b. Prepared By
David J. Michniewicz, PE
c. Signed and Stamped by
04/08/2022
d. Final Revision Date
1'' = 20''
e. Scale
Plan Showing Predevelopment Drainage Study Points
f. Additional Plan or Document Title
4/8/2022
g. Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act (the Act). Check all that apply:
a. Public Water Supply b. Land Containing Shellfish c. Prevention of
Pollution
d. Private Water Supply e. Fisheries f. Protection of
Wildlife Habitat
g. Groundwater Supply h. Storm Damage Prevention i. Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
wpaform5.doc • rev 5/18/2020 Page 3 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
B. Findings (cont.)
Denied because:
b. the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act’s interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a)
1
a. linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed
Alteration
Permitted
Alteration
Proposed
Replacement
Permitted
Replacement
4. Bank
a. linear feet
b. linear feet
c. linear feet
d. linear feet
5. Bordering
Vegetated Wetland
a. square feet
b. square feet
c. square feet
d. square feet
6. Land Under
Waterbodies and
Waterways
a. square feet
b. square feet
c. square feet
d. square feet
e. c/y dredged
f. c/y dredged
7. Bordering Land
Subject to Flooding
a. square feet
b. square feet
c. square feet
d. square feet
Cubic Feet Flood Storage
e. cubic feet
f. cubic feet
g. cubic feet
h. cubic feet
8. Isolated Land
Subject to Flooding
a. square feet
b. square feet
Cubic Feet Flood Storage
c. cubic feet
d. cubic feet
e. cubic feet
f. cubic feet
9. Riverfront Area
a. total sq. feet
b. total sq. feet
Sq ft within 100 ft
c. square feet
d. square feet
e. square feet
f. square feet
Sq ft between 100-
200 ft
g. square feet
h. square feet
i. square feet
j. square feet
wpaform5.doc • rev 5/18/2020 Page 4 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed
Alteration
Permitted
Alteration
Proposed
Replacement
Permitted
Replacement
10. Designated Port
Areas Indicate size under Land Under the Ocean, below
11. Land Under the
Ocean
a. square feet
b. square feet
c. c/y dredged
d. c/y dredged
12. Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. Coastal Beaches
a. square feet
b. square feet
cu yd
c. nourishment
cu yd
d. nourishment
14. Coastal Dunes
a. square feet
b. square feet
cu yd
c. nourishment
cu yd
d. nourishment
15. Coastal Banks
a. linear feet
b. linear feet
16. Rocky Intertidal
Shores
a. square feet
b. square feet
17. Salt Marshes
a. square feet
b. square feet
c. square feet
d. square feet
18. Land Under Salt
Ponds
a. square feet
b. square feet
c. c/y dredged
d. c/y dredged
19. Land Containing
Shellfish
a. square feet
b. square feet
c. square feet
d. square feet
20. Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a. c/y dredged
b. c/y dredged
21. Land Subject to
Coastal Storm
Flowage
a. square feet
b. square feet
22. Riverfront Area
a. total sq. feet
b. total sq. feet
Sq ft within 100 ft
c. square feet
d. square feet
e. square feet
f. square feet
Sq ft between 100-
200 ft
g. square feet
h. square feet
i. square feet
j. square feet
wpaform5.doc • rev 5/18/2020 Page 5 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
B. Findings (cont.)
* #23. If the
project is for
the purpose of
restoring or
enhancing a
wetland
resource area
in addition to
the square
footage that
has been
entered in
Section B.5.c
(BVW) or
B.17.c (Salt
Marsh) above,
please enter
the additional
amount here.
23. Restoration/Enhancement *:
a. square feet of BVW
b. square feet of salt marsh
24. Stream Crossing(s):
a. number of new stream crossings
b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects.
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The 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, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either 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. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than
one year.
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. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CMR 10.05(11)(f).
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, 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.
wpaform5.doc • rev 5/18/2020 Page 6 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then 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 the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
“Massachusetts Department of Environmental Protection” [or, “MassDEP”]
“File Number SE 9-1924
”
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
wpaform5.doc • rev 5/18/2020 Page 7 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
19. The work associated with this Order (the “Project”)
(1) is subject to the Massachusetts Stormwater Standards
(2) is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards, then the project is subject to the
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
wpaform5.doc • rev 5/18/2020 Page 8 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement (“O&M Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan (“O&M Plan”) and certifying the following:
i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5.doc • rev 5/18/2020 Page 9 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission (“Commission”) upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
l) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
See Addendum
20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
wpaform5.doc • rev 5/18/2020 Page 10 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Yes No
2. The Brewster
Conservation Commission
hereby finds (check one that applies):
a. that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
Code of the Town of Brewster
1. Municipal Ordinance or Bylaw
172
2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
Code of the Town of Brewster
1. Municipal Ordinance or Bylaw
172
2. Citation
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
See Addendum
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the date of issuance.
Please indicate the number of members who will sign this form.
This Order must be signed by a majority of the Conservation Commission.
The Order must be mailed 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 Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signat
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Signature1( Printed Name
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1. ate of Issuance
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2. Number of Signers
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Signature
Signature
Signatur
Signature
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Printed Name
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Date
wpaform5,doc • rev 5/18/2020
Page 11 of 13
wpaform5.doc • rev 5/18/2020 Page 12 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
F. 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 MassDEP Regional Office to issue a
Superseding Order of Conditions. 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 associated with this
appeal 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 providing written information to the Department prior to issuance of a Superseding
Order.
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
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaform5.doc • rev 5/18/2020 Page 13 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
G. Recording Information
Prior to commencement of work, this Order of Conditions must be 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 subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
Brewster
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
To:
Brewster
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
3057 Main Street, 101/45 (8/8)
Project Location
SE 9-1924
MassDEP File Number
Has been recorded at the Registry of Deeds of:
Barnstable
County
Book
Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book
Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
1
Addendum to WPA Form 5 – Order of Conditions
Town of Brewster, 3057 Main Street; Order of Conditions SE 9-1924, Assessors’ Map 101,
Parcel 45 (formerly Map 8, Parcel 8)
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act (M.G.L. C.131 S. 40)
And
Code of the Town of Brewster Chapter 172
Brewster Wetlands Protection By-law (BWP By-law)
Project Description: The Notice of Intent proposes milling, repairing, and installing overlay
pavement for an existing area of asphalt pavement, adjusting and paving an existing gravel
access roadway, constructing an access driveway from an existing roadway, installing two
stormwater management systems, and managing an access path to the beach. The project
includes areas on and within 50 and 100 feet of coastal wetlands.
Resource Area Identification
The Conservation Commission does not confirm the resource area boundaries as shown on the
plan. Due to changing site conditions the resource area boundaries are not confirmed, however,
the resources are confirmed as Coastal Beach, Coastal Dune, and Land Subject to Coastal
Storm Flowage.
The affected resource areas under the Massachusetts Wetlands Protection Act (M.G.L. Ch.131 §.
40) are Coastal Beach (310 CMR 10.27), Coastal Dune (310 CMR 10.28), and Land Subject to
Coastal Storm Flowage.
The affected resource area under the Brewster Wetlands Protection By-law (Chapter 172) are
Coastal Beach (Brewster Wetland Regulations 2.02), Coastal Dune (Brewster Wetland
Regulations 2.03), and Land Subject to Coastal Storm Flowage.
Interests Protected Under the Brewster Wetlands Protection By-law
Wildlife
Storm Damage Prevention and Flood Control
Marine Fisheries
Land Containing Shellfish
Historic Values
Aesthetics
Performance Standards Implicated by Proposed Project under Mass. Wetlands
Protection Act and Wetland Regulations:
Coastal Beach, 310 CMR 10.27 (3)
Coastal Dune, 310 CMR 10.28 (3) (5)
Local Performance Standards Implicated by Proposed Project under Brewster
Wetlands Protection By-law and Wetlands Regulations:
Coastal Beach, 2.02 (3)
Coastal Dune, 2.03 (3) (4) (5)
Findings under Massachusetts Wetlands Protection Act and Wetland Regulations:
The Brewster Conservation Commission finds that the project can be conditioned to meet the
performance standards set forth in the wetland regulations. See Special Conditions below.
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
2
Coastal Beach, 310 CMR 10.27(3): Portions of the proposed project occur on and within 50 and
100 feet of a Coastal Beach. The Brewster Conservation Commission finds that the coastal
beach is significant to storm damage prevention, flood control, and protection of wildlife habitat.
The Commission finds that the project can be conditioned so it will not have an adverse effect by
increasing erosion, decreasing the volume or changing the form of the coastal beach or an
adjacent or downdrift coastal beach.
Coastal Dune, 310 CMR 10.28 (3) (5): Portions of the proposed project occur on and within 50
and 100 feet of a Coastal Dune. The Brewster Conservation Commission finds that the coastal
dune is significant to storm damage prevention, flood control, and the protection of wildlife habitat.
The Brewster Conservation Commission finds the proposed project will not have an adverse
effect on a coastal dune by affecting the ability of waves to remove sand from the dune; by
disturbing the vegetative cover so as to destabilize the dune; by causing any modification of the
dune form what would increase the potential for storm damage or flood damage; by interfering
with the landward or lateral movement of the dune; or by causing removal of sand from the dune
artificially.
Findings under Brewster Wetlands Protection Bylaw and Wetlands Regulations:
The Brewster Conservation Commission finds that the project can be conditioned to comply with
the Brewster Wetlands Protection Bylaw and Regulations. See Special Conditions below.
Portions of the proposed work are on and within 50 feet of a Coastal Beach and Coastal Dune.
Sections 2.02(3) and 2.03(3) of the Brewster Wetlands Protection Regulations all require a
variance from the regulations granted pursuant to Section 5.01 of the regulations.
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.
The Brewster Conservation Commission finds that mitigating measures have been proposed that
will allow the project to be conditioned so that it contributes to the protection of the resource
values identified in the Wetlands By-law. The mitigating measures include erosion control
measures, improved stormwater management, and native plantings.
Alternatives were addressed by Coastal Engineering Company, Inc. The Conservation
Commission finds that the proposed project is a reasonable alternative.
The Brewster Conservation Commission finds that the project can be conditioned so
there are no adverse impacts from the proposed project to the interests protected by the
Brewster Wetlands Protection By-law.
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
3
The Brewster Conservation Commission finds 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.
For the above stated reasons, the Conservation Commission grants a variance to Sections
2.02(3) and 2.03(3) of the Brewster Wetlands Protection Bylaw Regulations.
Coastal Beach, 2.02 (3): Portions of the proposed project occur on and within 50 and 100 feet of
a Coastal Beach. The Brewster Conservation Commission finds that the coastal beach is
significant to wildlife, storm damage prevention and flood control. The Brewster Conservation
Commission finds that the proposed project can be allowed under a variance from the regulations
pursuant to section 5.01. See variance findings above.
Coastal Dunes, 2.03(3)(4)(5): Portions of the proposed project occur on and within 50 and 100
feet of a Coastal Dune. The Brewster Conservation Commission finds that the proposed project
can be allowed under a variance from the regulations pursuant to section 5.01. See variance
findings above. The Brewster Conservation Commission finds that the coastal dune is significant
to storm damage prevention and flood control. The Brewster Conservation Commission finds that
the propose project will not have an adverse effect on a coastal dune by affecting the ability of
waves to remove sand from the dune; by disturbing the vegetative cover so as to destabilize the
dune; by causing any modification of the dune form that would increase the potential for storm or
flood damage; by interfering with the landward or lateral movement of the dune; or by causing
removal of sand from the dune artificially. See Special Conditions below.
Special Conditions under the Mass. Wetlands Protection Act and Wetlands
Regulations and under the Brewster Wetlands Protection Bylaw and Wetlands
Regulations:
The Brewster Conservation Commission hereby finds that the following additional conditions are
necessary to comply with performance standards set forth in the Massachusetts Wetlands
Protection Act and Wetland Regulations and the Brewster Wetlands Protection By-law.
The Conservation Commission orders that all work shall be performed in accordance with said
additional conditions and with the Notice of Intent referenced above. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted
with the Notice of Intent, the conditions shall control.
A1. All local, state and federal approvals shall be obtained for this project before work can
commence. Copies of all approvals shall be forwarded to the Brewster Conservation
Commission.
A2. This permit is granted under Section 172-7 of the Brewster Wetlands Protection By-law,
subject to the conditions imposed, for a period of three years from the issuance date of the
original Order of Conditions. The Conservation Commission may issue extensions, each for a
period of time up to three years, based on review of the site and other criteria. Requests for each
extension shall be submitted in writing, no less than 30 days prior to the expiration date.
This Order of Conditions shall expire on April 27, 2025.
A3. The Agent or other employee, members of the Conservation Commission and officials of the
Department of Environmental Protection shall have the right to enter and inspect the area subject
to this Order, at reasonable hours, to evaluate compliance with the conditions stated in this Order.
Said persons may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation. This right of entry shall remain until such time as
a Certificate of Compliance has been issued, recorded in the Registry of Deeds or Land Court,
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
4
Barnstable County, and returned to the Conservation Department.
A4. This order shall apply to any successors and assigns in interest or control and any other
person engaging in activity on the property identified in the Notice of Intent.
A5. Violation of any of these Conditions shall subject the violator and the landowner to a fine (of
not more than $300.00 per day) pursuant to Section 172-11 of the Town of Brewster Wetlands
Protection By-law, until all violations have been corrected to the satisfaction of the Brewster
Conservation Commission.
A6. All work shall be in accordance with the approved plans of record titled Plan Showing
Proposed Site Modifications as completed by Coastal Engineering Company, Inc., and dated
4.8.22. In addition, all work shall be in accordance with the Stormwater Management Report, as
completed by the same and dated the same. If any changes are made in the above-described
plan which may or will alter an area subject to protection under the Wetlands Protection Act and
the Town of Brewster Wetlands Protection By-law, or any changes in activity subject to
regulations under G.L. c. 131 §40, or the Town of Brewster local regulations occurs, the applicant
shall inquire from this Commission in writing, prior to implementation in the field, whether the
change(s) is significant enough to require an Amended Order of Conditions or the filing of a new
Notice of Intent. Any errors in the plans or information submitted by the applicant shall be
considered changes and the above procedures shall be followed.
A7. A copy of this Order of Conditions/Permit shall be kept on site at all times during project
activities. This is the owner’s responsibility. The owner shall see that all contractors and
subcontractors retained during construction receive a copy of this Order. Workers shall be
prepared to produce the Order and all plans and supporting documents referenced in the Order,
upon request of the Conservation Agent or any member of the Conservation Commission.
A8. Prior to project activities, an erosion control barrier (silt fence and staked hay bales/hay
socks) shall be properly installed as close to the area of work as possible. This barrier shall
constitute the limit of work. No work shall take place on the wetland side of the barrier. The
siltation barrier shall be removed only after any threat of erosion no longer exists, and all
disturbed areas are stabilized by vegetation or other means. Any siltation buildup on the upland
side shall be removed. Any commencement of work activities prior to the proper installation of
erosion controls and an inspection and approval by the Conservation Commission may result in a
cease and desist action, and possible fines of up to $300.00 per day for each day of violation.
A9. A supply of extra siltation barriers shall be stored on site for emergency use.
A10. Erosion control measures shall be inspected after storms and corrected for any deficiencies.
The erosion control measures shall be maintained in effective condition to contain all activities
within the Limit of Work and to prevent sedimentation, erosion and other impacts outside the Limit
of Work.
A11. After the siltation barrier has been set and a minimum of five (5) days before
commencement of work, the owner shall notify the Conservation Department using the Owner
affirmation of responsibility for work/request for site inspection… form, which shall be
signed by the owner of the property as well as the contractor in charge of the work. The
Commission's Agent will schedule an on-site meeting of the contractor(s) responsible, and the
Conservation Agent, for an inspection of the erosion control barriers, and to ensure that the
requirements of this Order are understood. No work shall begin until after the on-site meeting.
During this on-site consultation, the Conservation Agent or Commissioner may require minor
modifications to the approved site plan (relating to work/construction methodology) to the Order of
Conditions. If so, said conditions will be provided in writing at the time of said on-site meeting.
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
5
A12. Also prior to commencement of work, a series of dated color photographs shall be taken of
the entire resource area and buffer area, and shall include any erosion and revegetation areas. A
set of photographs shall be submitted to the Conservation Department for the applicant's permit
file, with the notification form. These photos shall be labeled with the Assessor's Map and Parcel,
and street address, date and general view description.
Another series of dated color photographs shall be taken of the resource area and buffer area
when the work is completed, and fully revegetated and stable. These photographs shall be
submitted to the Conservation office at the time a Certificate of Compliance is requested, and
shall remain in the applicant's permit file. The photos shall be labeled with the Assessor's Map
and Parcel, and street address, date and general view description.
A13. Heavy equipment or machinery is permitted for use within the limit of work. Machinery shall
be operated from paved/hardscape areas during any project activities as much as possible.
Access for this equipment shall be from the existing and proposed paved areas.
A14. Any debris, fill or excavated material on site shall be stockpiled away from designated
wetlands. Unsuitable or excess excavated material shall be properly stabilized or removed from
the site.
A15. All structures, facilities and equipment, as part of this project, shall be continually operated
and maintained so as to comply with this permit. This provision applies specifically to all
equipment used on this project. Any leakage of oil, hydraulic fluid, fuel, or any other pollutant
shall be cleaned up immediately, and the defective equipment responsible for said leakage shall
be immediately repaired or taken off site.
A16. No refueling of construction equipment shall be permitted within 100 feet of any wetland
resource area.
A17. Mulch shall not be a substitute for groundcover or shrubs in jurisdictional areas.
A18. Installation of in-ground irrigation systems shall be prohibited within 100 feet of any wetland
resource areas. Temporary above ground irrigation systems may be used to establish mitigation
plantings.
A19. Any fertilizers used within 100 feet of any wetland resources shall be listed by or comprised
of organic ingredients consistent with the United States Department of Agriculture National
Organic Program (NOP). Organic fertilizers shall be used in an appropriate manner for the
conditions of the subject property, and applied in accordance to the manufacturer's specifications.
A20. Pesticides, herbicides and fungicides shall be prohibited within 100 feet of any wetlands.
A21. Existing exterior lights on structures may be utilized and maintained. These shall be
directed to limit illumination to the proposed parking area as much as possible. No new spotlights
or floodlights shall be installed within the 100 foot buffer zone of a resource area.
A22. Any disturbed slopes on site shall be revegetated with appropriately sized and spaced
approved plant species* and stabilized with 100% biodegradable erosion control netting, which
shall stay in place after final grading. Other disturbed areas shall be covered with four to six
inches of organic topsoil which is free of weed seeds and debris, and planted with appropriately
sized and spaced approved plant species*. or in accordance with the site/planting plan. All
disturbed areas shall be completely revegetated during the first year after the permitted work is
complete. *Approved plant species, size and spacing are those on the list of acceptable plantings
for coastal resource areas of the Cape Cod Cooperative Extension
(www.capecodextension.org). Turf lawn is prohibited within the 100 foot buffer zone to wetlands.
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
6
Mitigation Plantings
A23. Mitigation plantings shall be installed, as noted in the plan of record, in areas of proposed
hardscape removal. Appropriate plantings include beach plum, Virginia rose, American beach
grass, big blue stem, and little bluestem. Substitutions from these approved plants shall be
subject to review and approval by the Conservation Commission.
A24. All new plantings shall be tagged in the field for monitoring purposes. The tags shall remain
on the planted species for easy inspection by the Conservation Administrator and/or
Conservation Commission, through the required monitoring period.
A25. All new plantings shall survive three full growing seasons or be replaced in kind by the
applicant and/or property owner.
Access Path Maintenance
A26. The beach access path and sand path to beach, as noted in the plan of record, may be
maintained in their documented locations. A seasonal Mobi Mat may be placed on both
pathways to enhance safe access for the public to traverse these areas. Snow fencing shall be
placed along the sand path to the beach to prevent impacts to the abutting dune.
A27. The beach access path may be maintained with equipment to relocate windblown sand and
redistribute the clean sand back on the coastal beach as shown on the approved plan of record.
Material from the access path shall remain on site but may be relocated to the coastal beach or
the seaward side of the coastal dune.
Kayak Racks
A28. Appropriate materials for the kayak racks includes rot-resistant plastic/wood composite,
untreated, rot-resistant wood such as white cedar, and “ACQ” chemically treated wood.
Chromated copper arsenate (CCA) chemically treated woods are prohibited within the jurisdiction
of the Conservation Commission.
A29. There shall be no lights installed on or near the structures. Electric service on the structures
shall not be permitted.
Monitoring/Reporting
A30. Progress reports and photographs of the plantings shall be submitted to the Conservation
Commission prior to November 1st on an annual basis. The annual reports shall include a
description of any impacts to the wetland resources resulting from the work on this project. The
reports shall include any recommended future actions.
Project Completion/Certificate of Compliance
A31. A final report, which shall include any effect on the wetland resources shall be submitted
following completion of the project and prior to a Request for Certificate of Compliance. A final
series of dated color photographs shall be taken of the resource and buffer areas when the work
is completed. These photographs shall be submitted to the Conservation office at the time a
Certificate of Compliance is requested, and shall remain in the applicant's permit file. These
photos shall be labeled with the Assessor's Map and Parcel, and street address, date and
general view description.
A32. The Conservation Commission shall require three full growing seasons for mitigation
plantings before issuing a Certificate of Compliance.
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
7
A33. On completion of the entire project, the applicant or representative shall submit a written
request for a Certificate of Compliance on WPA Form 8A - Request for Certificate of Compliance
MA WP ACT. The plan of record contains the stamp of a Professional Engineer (PE). It is further
required that a written statement by a PE certifying substantial compliance with the plan and an
"as-built/as-planted" plan be included. If the “as built/as-planted” plan shows any deviation from
the approved plan, the PE shall describe said deviation in the statement. Without a Certificate of
Compliance which has been recorded (at the Registry of Deeds or Land Court, whichever
applies), an encumbrance shall remain on the property, and the filing will not be closed.
1
Town of Brewster
2198 Main Street
Brewster, MA 02631
www.brewster-ma.gov
Phone: (508) 896-3701
Email: townadmin@brewster-ma.gov
SELECT BOARD POLICY FOR FIRST LIGHT BEACH (RESIDENT ONLY)
Policy no. 64
Date adopted: 06/13/22
A.PURPOSE: The Town of Brewster purchased the Cape Cod Sea Camps Bay
parcel in November 2021. In order to allow residents beach access for the
2022 season, the Town has created designated parking for up to 50
residents at the Bay Parcel. This will be the Town’s first resident only beach
and requires regulations that are specific to the former Cape Cod Sea
Camps property. The Select Board has policy making authority over Town
beach locations. The Public Beach area includes the beach, parking lot, and
adjacent dunes and flats. Further, Town Meeting placed this entire property
under the care, custody, and control of the Select Board.
B.RULES AND REGULATIONS:
1.Resident vehicle permits are required for access to resident parking at
First Light Beach. Vehicles will enter through the main entrance off
Route 6A and stop at the gate house to verify they have a valid resident
parking permit. The gate attendant will limit the number of cars that
are admitted to the maximum capacity of the new parking lot. Once the
lot has reached capacity, additional vehicles will not be admitted and
temporary signage to notify residents will be posted on Route 6A. The
lot will reopen at the discretion of the gate attendant (ie. not one-for-
one).
2. Parking is allowed in designated spaces only with valid resident
permit. Vehicles must use the designated entrance and exit ways to
enter and exit the beach. Vehicles are not permitted to park in any
location other than the designated beach parking lot. Parking is only
permitted in marked spaces. Parking is prohibited from blocking
entrances to beach, walkways to beach, and emergency access,
including on or adjacent to the access roads.
3. The beach and parking area will be open from 8am to 8pm. No new
vehicles will be allowed into the property after 6pm. Vehicles that
remain in the parking lot after 8pm will be towed at owner’s expense.
Office of:
Select Board and
Town Administrator
2
4. Visitors are allowed to enter the property on foot or by bicycle and
should check in at the gate house. All visitors must exit the property
by 8pm. Pedestrian and/or bicycle entry may be restricted by
appropriate Town Agents as needed.
5. The entire parcel is not open for public use at this time. Accessing
and/or using the property, other than the beach and related facilities,
is prohibited. Exemptions to these parking and access restrictions
apply to special events hosted by the Town.
6. Spruce Hill access: Visitors accessing First Light Beach from Spruce
Hill must have a valid parking permit and must park in a designated
space. These visitors must use the existing path at Spruce Hill to
access the beach.
7. The Natural Resources Department shall manage kayak racks at First
Light Beach in a manner consistent with existing Town-wide
regulations.
8. THERE IS NO LIFEGUARD ON DUTY, SWIM AT YOUR OWN RISK.
Please supervise children at all times within the public beach area,
including in the water and on the flats.
9. Please keep off dune areas. These are areas which are subject to
erosion from wind, water or traffic. Do not pick or disturb Sea
Lavender, Beach Grass or other vegetation. Be aware of poison ivy,
which is abundant. No feeding of waterfowl is allowed.
10. Per Board of Health Regulation, Smoking is prohibited on all public
bathing beaches, Town owned parks, playgrounds, playing fields and
walking trails.
11. Per Board of Health Regulation, Animals and/or pets are not
permitted at public ponds, landings beaches and tidal flats and the
associated parking areas, or in unattended vehicles from May 15 to
September 15. At all other times, owners are responsible for keeping
pets leashed and for the removal of animal waste.
12. The possession and/or consumption of alcoholic beverages is
prohibited on Town property. It is unlawful for any person to
consume alcoholic beverages on public highways or in public parking
places, including vehicles thereon, within the Town of Brewster.
13. Littering is prohibited. All refuse and recycling must be placed in a
rubbish or recycling container. Please separate your refuse recycling
into the provided appropriate containers. Glass containers are not
allowed on beaches. Household refuse may not be disposed of in
beach refuse or recycling containers.
3
14. No person shall disturb the peace and tranquility of others. No lewd,
obscene, profane, or indecent acts or language or excessive noise are
permitted on Town property.
15. The damaging, defacing, or removing of any building, structure, or
sign on Town property is not allowed. Violators will be prosecuted.
16. Selling, advertising, or giving away of goods or services on Town
property is not allowed, except with written permission from the
Select Board.
17. Tents, travel trailers, campers or other recreational vehicles are not
allowed overnight on Town property. Vehicles over 22 ft are not
permitted. Vehicles must fit within the painted lines.
18. Use of open fires or the use of fireworks is prohibited at all times, per
the Fire Department.
19. Access to Town owned beach parking areas may be restricted at the
discretion of the appropriate Town Agents at any time.
Approved by the Brewster Select Board:
___________________________ ___________________________
Dave Whitney, Chair Ned Chatelain, Vice Chair
___________________________ ___________________________
Kari Hoffmann, Clerk Mary Chaffee
___________________________
Cynthia Bingham
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Brewster Select Board
FROM: Conor Kenny, Project Manager
RE: Recommended Beach Pass Policy for Wampanoag Tribal Members
DATE: May 25, 2022
Background
As part of the Cape Cod Sea Camps acquisition, the Town of Brewster recently came into
ownership of a new beach located at 3057 Main Street. For the summer of 2022, it was
determined that the beach would be open for residents only. The Brewster Select Board
voted on May 23 to name the new public beach at the former Cape Cod Sea Camps’ bay
property “First Light Beach”. The name recognizes the long history of the area as the home
of the Wampanoag people. “Wampanoag” means “People of the First Light”.
A number of Cape Cod towns have revised their beach permit policies in recent years to
include the provision that holders of Wampanoag tribal ID cards can apply to receive free
beach passes. Native Americans have a Tribal Card that allows them access to their rights
to hunting, fishing and trapping. Currently, the Tribal Rights do not include access to
Brewster Beaches. There is an opportunity to make additional progress in acknowledging
our community’s Wampanoag heritage by revising the Town’s beach permit policy.
Mashpee: Case Study
Summer access to the Mashpee Town Beach, which is staffed and guarded, is restricted to
vehicles with a Mashpee resident sticker, Mashpee Wampanoag tribal sticker, weekly or
monthly pass, or those with tribal IDs. In this case, the Mashpee Wampanoag tribal stickers
are generated by the local Wampanoag tribe, not by the Town of Mashpee. Staff at the
Recreation Department at the Town of Mashpee explained that this policy has been a
success. They noticed a small uptick in beach use for the first 1-2 years this policy was in
place, then it plateaued. If a Tribal member does not have either the sticker on the car or a
card in their wallet, the Recreation Department refer them to the Tribal Council to obtain
their proof that they are, in fact, a Tribal member.
Eastham: Case Study
On December 8, 2020, the Select Board for the Town of Eastham agreed to grant free access
to all town beaches to any Wampanoag tribal member presenting a tribal ID card. The new
rule took effect January 1, 2021. A proclamation was also created. This effort, in
Office of:
Select Board
Town Administrator
commemoration of the "first encounter" in Eastham 400 years ago came from a suggestion
by tribal youth Nathan Mills when he appeared on the Eastham 400 series of online interviews
this summer to talk about what it's like to be a Native youth on Cape Cod in 2020. Eastham
does not charge residents for beach passes, so the passes were set up in TownHall247 as
“Tribal Non-Resident” passes. Typically, a non-resident seasonal beach pass in Eastham costs
$250. The only requirement to receive a “Tribal Non-Resident” pass is to provide a valid tribal
ID card. The community response in Eastham has been positive and the additional demand
on the beaches and related parking facilities has been minimal.
Truro: Case Study
This initiative was spearheaded by the Truro Historical Society. A member of the Tribe
(Annawon Weeden) was present during the Select Board meeting when this policy was
approved in February 2022. Truro’s policy requires the applicant to show a valid Tribal
Card. For online sales, the customer must upload the Tribal Card to be approved for a
sticker or beach fire. For in-person sales at their Beach Office, the customer must also
provide a valid Tribal Card to receive a beach sticker or beach fire permit. Truro agreed,
after consultation with Mr. Weeden, to also allow other non-Wampanoag tribal members to
access Truro beaches. Their policy is still in the implementation stage.
Recommendation
Revising the Town’s current policy to allow Wampanoag tribal members free access to
Brewster beaches, including First Light, would be an opportunity to demonstrate the Select
Board’s commitment to continue building on our Diversity, Equity, and Inclusion efforts.
Should the Board vote to extend Tribal Rights to include access to Town beaches:
o The website would then have to be updated to include the new information –
clearly identifying the rules and regulations.
o A news item would be posted on the website and sent to the local papers.
o “Tribal Beach Passes” would be set up on the TownHall247 system for $0.
o Mashpee Wampanoag Tribal IDs would have to be provided in order to
receive a pass – we could set up the system so that copies can be uploaded
as an attachment online through TownHall247.
If approved, this expanded access could be implemented for Summer 2022.
Seaside towns offer free beach passes to
Native Americans
“It’s a step in the right direction, given what they’ve done to
our people. At the same time, we have a long way to go.”
Water nearly reaches the dune barrier at Ballston beach, Friday, Nov. 13, 2015, in Truro,
Massachusetts. Some seaside communities in New England are providing free beach access to
Native Americans as the 2022 summer season kicks off this Memorial Day weekend. Earlier this
month, officials in Narragansett, Rhode Island approved free seasonal beach passes for anyone
with a valid identification card from the Narragansett Indian tribe. On Cape Cod in
Massachusetts, the town of Truro is also extending a similar benefit to any Native American with
proof of tribal affiliation. (AP Photo/Virginia Mayo, File) The Associated Press
By PHILIP MARCELO, Associated Press
May 28, 2022
BOSTON (AP) — Seaside communities in New England are providing free beach access to
Native Americans as the summer season kicks off this Memorial Day weekend.
Officials in Narragansett, Rhode Island, earlier this month approved free seasonal beach
passes for anyone with a valid identification card from the Narragansett Indian tribe.
On Cape Cod in Massachusetts, the towns of Truro and Wellfleet are also extending a
similar benefit to any Native American with proof of tribal affiliation when beach permits
are required in late June.
The moves come after Eastham, another Cape Cod town, began offering free seasonal
stickers to indigenous people in 2020 as part of its efforts to mark the 400th anniversary of
the arrival of the Pilgrims aboard The Mayflower.
Brian Weeden, chairman of the Mashpee Wampanoag tribe on Cape Cod that traces its
ancestry to the Native Americans that encountered the Pilgrims, commended the towns for
taking the “symbolic steps” to recognize the importance of the ocean to their tribe’s
heritage.
“In our creation stories, we say the first Wampanoag boy was actually made out of the foam
of the sea and therefore we come from the land and the water,” he said. “We are sea-faring
people and we need the ocean to survive. It’s been our sustenance for hundreds and
thousands of years.”
Jesse Pugh, the town council president in Narragansett, hopes his proposal sparks broader
discussions between town officials and the town’s namesake tribe.
“We’re not acting like we’re doing the biggest favor to the tribe,” he said. “This is just
something that we thought was right and that we can do. Hopefully, it adds momentum to
some kind of relationship with the tribe.”
Narragansett’s new policy allows valid tribe members, regardless of where they reside, to
get a free seasonal pass. The passes otherwise cost $25 and are only available to town
residents. The daily rate for non-resident beachgoers is $12 and is required for anyone
over the age of 12.
Tribe members looking to park at the beach lots would still have to pay the separate
parking fees. Pugh stressed no other additional rights or exceptions to beach rules are
conferred. Open fires, for example, remain prohibited.
The policy is only in place for this season so far. During council meetings, some residents
spoke up against granting the free passes to nonresidents and worried about the new
policy’s impact on overcrowding at the beaches.
Pugh said Narragansett beaches are funded by revenues generated from beach fees, so they
aren’t covered by local taxpayers in the traditional sense.
And less than a dozen tribe members have so far claimed the passes, which will be required
starting May 28, according to the town’s parks and recreation department.
The tribe, which didn’t respond to emails seeking comment this week, has roughly 3,000
enrolled members, but a significant number are likely children under the age of 12 who
would already be free to enter town beaches, Pugh said.
Weeden, of the Mashpee Wampanoag tribe, hopes Massachusetts and other states can take
broader efforts to codify beach access rights for tribes, rather than piecemeal efforts by
individual communities.
He says securing beach access is a small way to make sure tribes’ “aboriginal rights” to
waterways are respected.
“It’s definitely appreciated after 400 years of colonization and gentrification,” Weeden said.
“It’s a step in the right direction, given what they’ve done to our people. At the same time,
we have a long way to go.”
AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES
BETWEEN
THE TOWN OF BREWSTER, MASSACHUSETTS
AND
River Hawk Environmental, LLC
FOR 21E Due Diligence for the Cape Cod Sea Camps Parcels
THIS AGREEMENT made this 5th day of May, 2022 between River Hawk
Environmental, LLC with a usual place of business at 2183 Ocean Street, Marshfield, MA
02050, hereinafter called the "ENGINEER," and the Town of Brewster, MA, acting by its Town
Administrator, with a usual place of business at 2198 Main Street, Town Hall, Brewster MA
02631 hereinafter called the "TOWN".
The ENGINEER and the TOWN, for the consideration hereinafter named, agree as
follows:
1. Scope of Work
The ENGINEER shall perform the work set forth in the Scope of Services attached hereto
as Exhibits A.
2. Contract Price
The TOWN shall pay the ENGINEER for services rendered in the performance of this
Agreement a lump sum of ($35,000.00) Thirty Five Thousand Dollars for Phase I, subject to any
additions and deductions provided for herein at the hourly rates set forth in Exhibit B. Phase II,
task 4 estimated at ($22,500.00) will be authorized in writing. The amount to be paid to the
ENGINEER shall not exceed ($35,000.00) for Phase I without the prior written consent of the
TOWN and Phase II, task 4 ($22,500.00) to be authorized in writing.
3. Commencement and Completion of Work
A. This Agreement shall commence on May 5, 2022 and shall expire on June 30,
2024, unless terminated sooner in accordance with this Agreement or the time is
extended in the form of a written change order.
B. Progress and Completion: ENGINEER shall commence work promptly upon
execution of this Agreement and shall prosecute and complete the work regularly,
diligently and uninterruptedly at such a rate of progress as will insure completion
in a timely manner.
Doc ID: 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
4. Performance of the Work
The ENGINEER shall supervise and direct the Work, using his best skills and attention,
which shall not be less than such state of skill and attention generally rendered by the
engineering/design profession for projects similar to the Project in scope, difficulty and location.
A. Responsibility for the Work:
(1) The ENGINEER shall be responsible to the TOWN for the acts and
omissions of his employees, subcontractors and their agents and
employees, and other persons performing any of the Work under a
contract with the ENGINEER. Consistent with the standard of care
referenced above, the ENGINEER shall be responsible for the
professional and technical accuracy for all work or services furnished
by him or his consultants and subcontractors. The ENGINEER shall
perform his work under this Agreement in such a competent and
professional manner that detail checking and reviewing by the TOWN
shall not be necessary.
(2) The ENGINEER shall not employ additional consultants, nor sublet,
assign or transfer any part of his services or obligations under this
Agreement without the prior approval and written consent of the
TOWN. Such written consent shall not in any way relieve the
ENGINEER from his responsibility for the professional and technical
accuracy for the work or services furnished under this Agreement.
(3) All consultants must be registered and licensed in their respective
disciplines if registration and licensor are required under the
applicable provisions of Massachusetts law.
(4) The ENGINEER and all consultants and subcontractors shall conform
their work and services to any guidelines, standards and regulations of
any governmental authority applicable to the type of work or services
covered by this Agreement.
(5) The ENGINEER shall not be relieved from its obligations to perform
the work in accordance with the requirements of this Agreement either
by the activities or duties of the TOWN in its administration of the
Agreement, or by inspections, tests or approvals required or performed
by persons other than the ENGINEER.
(6) Neither the TOWN's review, approval or acceptance of, nor payment
for any of the work or services performed shall be construed to
operate as a waiver of any rights under the Agreement or any cause of
action arising out of the performance of the Agreement.
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B. Deliverables, Ownership of Documents: One (1) reproducible copy of all
drawings, plans, specifications and other documents prepared by the ENGINEER
shall become the property of the TOWN upon payment in full therefor to the
ENGINEER. Ownership of stamped drawings and specifications shall not
include the ENGINEER's certification or stamp. Any re -use of such documents
without the ENGINEER's written verification of suitability for the specific
purpose intended shall be without liability or legal exposure to the ENGINEER or
to the ENGINEER's independent professional associates, subcontractors or
consultants. Distribution or submission to meet official regulatory requirements
or for other purposes in connection with the Project is not to be construed as an
act in derogation of the ENGINEER's rights under this Agreement.
C. Compliance With Laws: In the performance of the Work, the ENGINEER shall
comply with all applicable federal, state and local laws and regulations, including
those relating to workplace and employee safety.
5. Site Information Not Guaranteed; Contractor's Investigation
The TOWN shall furnish to the ENGINEER available surveys, data and documents
relating to the area which is the subject of the Scope of Work. All such information, including
that relating to subsurface and other conditions, natural phenomena, existing pipes, and other
structures is from the best sources at present available to the TOWN. All such information is
furnished only for the information and convenience of the ENGINEER and is not guaranteed. It
is agreed and understood that the TOWN does not warrant or guarantee that the subsurface or
other conditions, natural phenomena, existing pipes, or other structures will be the same as those
indicated in the information furnished, and the ENGINEER must satisfy himself as to the
correctness of such information. If, in the opinion of the ENGINEER, such information is
inadequate, the ENGINEER may request the TOWN's approval to verify such information
through the use of consultants or additional exploration. In no case shall the ENGINEER
commence such work without the TOWN's prior written consent. Such work shall be
compensated as agreed upon by TOWN and ENGINEER.
6. Payments to the Contractor
A. Cost incurred on this project shall be billed monthly on an hourly basis as outlined
in the attached Scope of Services. Payment shall be due 30 days after receipt of
an invoice by the TOWN.
B. If there is a material change in the scope of work, the TOWN and the ENGINEER
shall mutually agree to an adjustment in the Contract Price.
C. If the TOWN authorizes the ENGINEER to perform additional services, the
ENGINEER shall be compensated in an amount mutually agreed upon, in
advance, in writing. Except in the case of an emergency, the ENGINEER shall
not perform any additional services until such compensation has been so
established.
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7. Reimbursement
Except as otherwise included in the Contract Price or otherwise provided for under this
Agreement, the ENGINEER shall be reimbursed by the TOWN: (a) at 1.0 times the actual cost to
the ENGINEER of consultants retained to obtain information pursuant to Article 5 hereof or
otherwise. No such reimbursement shall be made unless the rates of compensation have been
approved, in advance, by the TOWN; (b) at 1.0 times the actual cost of additional or specially
authorized expense items, as approved by the TOWN.
8. Final Payment, Effect
The acceptance of final payment by the ENGINEER shall constitute a waiver of all
claims by the ENGINEER arising under the Agreement.
9. Terms Required By Law
This Agreement shall be considered to include all terms required to be included in it by
the Massachusetts General Laws, and all other laws, as though such terms were set forth in full
herein.
10. Indemnification
A. General Liability: The ENGINEER shall indemnify and hold harmless the
TOWN from and against any and all claims, damages, losses, and expenses,
including attorney's fees, to the extent arising out of the performance of this
Agreement and to the extent the same relate to matters of general commercial
liability, when such claims, damages, losses, and expenses are caused, in whole or
in part, by the negligent or wrongful acts or omissions of the ENGINEER or his
employees, agents, subcontractors or representatives.
B. Professional Liability: The ENGINEER shall indemnify and hold harmless the
TOWN from and against any and all claims, damages, losses, and expenses,
including attorney's fees, arising out of the performance of this Agreement and to
the extent the same relate to the professional competence of the ENGINEER's
services, when such claims, damages, losses, and expenses are caused, in whole
or in part, by the negligent acts, negligent errors or omissions of the ENGINEER
or his employees, agents, subcontractors or representatives.
11. Insurance
A. The following are the required insurance amounts:
1) General Liability with liability coverage for personal injury, bodily
injury and property damage including Products and Completed Operations with
limits not less than $1,000,000 per occurrence and $3,000,000 aggregate. Such
insurance shall be written on an occurrence basis. This policy shall provide
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coverage on a primary and non-contributory basis and should name the
Municipality as an "Additional Insured".
2) Automobile Liability (applicable for any automobile operating
exposure) with limits of not less than $1,000,000 covering all owned, non -owned,
hired, rented or leased vehicles. The Municipality should be named as an
"Additional Insured".
3) Workers' Compensation and Employers' Liability Insurance including (i)
Workers' Compensation Insurance providing statutory coverage as required by the
Commonwealth of Massachusetts, and (ii) Employers' Liability
Insurance coverage with limits of not less than $500,000 per accident.
Each contractors, subcontractors, and consultants performing work on or about
the Premises shall have similar policies covering their employees.
4) Umbrella Liability of at least $2,000,000 per occurrence with a
$2,000,000 Annual Aggregate. The Municipality should be named as an
"Additional Insured".
Additional coverages required if warranted by exposure:
5) Professional Liability (including but not limited to any architects,
engineers, medical professionals) of at least $1,000,000 per occurrence with a
$3,000,000 aggregate. Proof of Coverage Only
6) Pollution Liability of at least $1,000,000 per claim with a $2,000,000
Annual Aggregate. The Municipality should be named as an "Additional
Insured".
B. The ENGINEER shall at his own expense obtain and maintain a Professional
Liability Insurance policy for errors, omissions or negligent acts arising out of the
performance of this Agreement in a minimum amount of $1,000,000.00.
C. The coverage shall be in force from the time of the agreement to the date when all
construction work for the Project is completed and accepted by the TOWN. If,
however, the policy is a claims made policy, it shall remain in force for a period
of six (6) years after completion.
Since this insurance is normally written on a year-to-year basis, the ENGINEER
shall notify the TOWN should coverage become unavailable.
The ENGINEER shall, before commencing performance of this Agreement,
provide by insurance for the payment of compensation and the furnishing of other
benefits in accordance with M.G.L. c.152, as amended, to all its employees and
shall continue such insurance in full force and effect during the term of the
Agreement.
E. The ENGINEER shall carry insurance in a sufficient amount to assure the
restoration of any plans, drawings, computations, field notes or other similar data
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relating to the work covered by this Agreement in the event of loss or destruction
until the final fee payment is made or all data are turned over to the TOWN.
F. The ENGINEER shall also maintain public liability insurance, including property
damage, bodily injury or death, and personal injury and motor vehicle liability
insurance against claims for damages because of bodily injury or death of any
person or damage to property.
G. Evidence of insurance coverage and any and all renewals substantiating that
required insurance coverage is in effect shall be filed with the Agreement. Any
cancellation of insurance, whether by the insurers or by the insured, shall not be
valid unless written notice thereof is given by the party proposing cancellation to
the other party and to the TOWN at least fifteen days prior to the intended
effective date thereof, which date shall be expressed in said notice.
H. Upon request of the ENGINEER, the TOWN reserves the right to modify any
conditions of this Article.
12. Notice
All notices required to be given hereunder shall be in writing and delivered to, or mailed
first class to, the parties' respective addresses stated above. In the event that immediate notice is
required, it may be given by telephone or facsimile, but shall, to the extent possible, be followed
by notice in writing in the manner set forth above.
13. Termination
A. The TOWN shall have the right to terminate this Agreement in the event of a
failure of the ENGINEER to comply with the terms of the Agreement. Such
termination shall be effective upon seven days' notice to the party in default and
the failure within that time of said party to cure its default.
B. The TOWN shall also have the right to terminate the Agreement without cause,
upon ten (10) days' written notice to the ENGINEER. In the event that the
Agreement is terminated pursuant to this subparagraph, the ENGINEER shall be
reimbursed in accordance with the Agreement for all work performed up to the
termination date.
C. By written notice to the TOWN, the ENGINEER may terminate this contract:
(1) if the Town, within sixty (60) days following the TOWN's receipt of the
written notice of any default by the TOWN under the contract, shall have failed to
remove such default. Upon any such termination by the ENGINEER, all
compensation and reimbursement payable to the ENGINEER in accordance with
the contract, up to and including the date of termination, shall be paid to the
Designer by the Town. No amount shall be allowed for anticipated profit on
unperformed services.
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14. Miscellaneous
A. Assiinment: The ENGINEER shall not assign or transfer any of its rights, duties
or obligations under this Agreement without the written approval of the TOWN.
B. Governing Law: This Agreement shall be governed by and construed in
accordance with the law of the Commonwealth of Massachusetts.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the TOWN by its
authorized representative who, however, incurs no personal liability by reason of the execution
hereof or of anything herein contained, as of the day and year first above written.
Date:
By:
Name:
Title:
\1\1\\.\\°' t \1res.wM
Type or Print
TOWN OF BREWSTER:
Tt{u ry q cti
By:
Peter Lombardi, Town Administrator
CERTIFICATION OF AVAILABILITY OF FUNDS
In accord with General Laws, Chapter 44, §31C, this is to certify that an appropriation in the amount of this
contract is available therefor.
By:
519856/KOPE/0003
PI/1U 15autztfrida-
Mimi Bernardo, Finance Director
001-1222-5240-10002
Doc ID: 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
River Hawk
ENVIRONMENTAL
April 18, 2022
(sent via email)
Town of Brewster
2198 Main Street
Brewster, MA 02631
Attn: Donna J. Kalinick (Assistant Town Administrator)
RE: Proposal for Environmental Consulting Services
Remediation Oversight & MCP Compliance
3057 Main Street, Brewster, MA
Dear Ms. Kalinick,
River Hawk Environmental, LLC (RHE) is pleased to provide you with this proposed agreement for
providing professional services associated with the property located at 3057 Main Street in
Brewster, MA (the Subject Property).
The proposed Scope of Work and Cost Estimate is included in Attachment A. If you would like to
provide authorization for us to proceed, please sign the attached Agreement for Professional
Services and return it to the undersigned. A countersigned contract will be returned to you for
your records.
Sincerely,
River Hawk Environmental, LLC
William Kenney, LSP
Manager / Senior Geologist
Attachment A - Scope of Work and Proposed Costs
Attachment B - Agreement for Professional Services
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 1 2183 Ocean Street, M arshfield, MA 02050
RiverHaw kLLC.com 1(508) 523-1007
Doc ID:13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
ATTACHMENT A
SCOPE OF WORK AND PROPOSED COSTS
ail Engineering & Environmental Consulting
River Hawk Environmental, LLC 12]83 Ocean Street, Marshfield, M A 02050
RiverHawkLLC.com 1(508) 523-1007
Doc ID: 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
ATTACHMENT A
Scope of Work and Proposed Costs
Page
Client: Town of Brewster (the Town)
2198 Main Street
Brewster, MA 02631
Engineer: River Hawk Environmental, LLC (RHE)
2183 Ocean Street, Suite 2
Marshfield, MA 02050
JOB DESCRIPTION:
Environmental assessment services associated with the property identified as 3057 Main Street
in Brewster, MA (the Subject Property). The scope of work set forth below is targeted at providing
the town with professional consulting services associated with compliance with the Massachusetts
Contingency Plan (MCP) and the remediation of metal contaminated soil identified at the former
.22 caliber shooting range at the Subject Property.
SCOPE OF SERVICES:
River Hawk Environmental, LLC (RHE) agrees to perform the following:
TASK 1: MCP COMPLIANCE ASSISTANCE
Antimony, Copper, Lead, and Zinc were detected at concentrations greater than the MCP RCS -1
Reportable Concentrations in soil samples collected from the .22 caliber shooting range at the
Subject Property. This detection requires that the owner of the Subject Property notifies the
MassDEP of a release condition within 120 -days (i.e., 120 -day reportable condition) and performs
environmental response actions in accordance with the provisions of the MCP. RHE will provide
the Town with the following MCP compliance services:
Release Notification Form (within 120 -days of gaining knowledge) $250
Release Abatement Measure Plan (prior to remediation) $4,500
Release Abatement Measure Status Report #1 (120 -days after RAM Plan) $2,500
Release Abatement Measure Status Report #2 (6 -months after RAM Status #1). $2,500
Release Abatement Measure Status Report #3 (1 -year after RAM Status #1). $2,500
Phase I - Initial Site Investigation Report (1 -year after notification) $3,500
Method 1 Risk Characterization. $2,750
Permanent Solution Statement. $4,500
Estimated Total Cost for MCP Compliance Reports. $23,000
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 1 2183 Ocean Street, Marshfield, MA 02050
RiverHawkLLC.com 1 (508) 523-1007
Doc ID: 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
ATTACHMENT A
Scope of Work and Proposed Costs
Page
TASK 2: SUPPLEMENTAL SOIL ASSESSMENT
RHE will conduct supplemental assessment to delineate the magnitude, extent, and treatability
of metals impacts in the shooting position and backstop area of the .22 caliber shooting range at
the Subject Property. The proposed scope of work includes advancing up to twenty (20) soil
borings into the shooting position and backstop area using a hand auger and geoprobe drill rig. Soil
samples will be screened for heavy metals using an x-ray fluorescence spectrometer (XRF) and
select soil samples will be submitted for confirmatory laboratory analysis.
Select soil samples will be treated with measured aliquots of stabilization reagent to determine
whether the soil can be stabilized on -site to achieve a TCLP lead concentration of less than 5.0
mg/L, and if so, what the required blend rate would be. Determining whether the material can be
effectively stabilized to reduce the TCLP Lead concentration may result in significant savings for
the town.
Proposed Cost for Supplemental Soil Assessment. $9,500
TASK 3: PREPARATION OF A CONTRACTOR REQUEST FOR PROPOSALS
RHE will prepare a Request for Proposals (RFP) for the remediation of heavy metals impacted soil
at the former .22 caliber shooting range. The RFP will include a summary of the background,
assessment activities conducted to date, remediation objectives, and general provisions for the
management of remediation waste. RHE will assist the Town with reviewing the Proposals that are
received to evaluate the responsiveness to components of the RFP and overall proposed
contractor prices.
Proposed Cost for Request for Proposal..... » . . . . . . . . . . $2,500
TASK 4: REMEDIATION OVERSIGHT- PHASE II
This task includes estimated labor, equipment, materials, and laboratory analysis associated with
remediation at the former .22 caliber shooting range at the Subject Property:
Planning & Submittals:
RHE will attend pre-remediation meetings and participate in phone calls and on -site meetings with
the Property Owner, and the remediation contractor in preparation of the remediation effort. This
cost also includes the preparation of a Waste Profile and Bill of Lading (BOL) associated with the
off -site disposal of non -hazardous metal contaminated soil to be generated during remediation
efforts (the selected contractor will assist with the preparation of hazardous waste contractors if
TCLP lead levels cannot be reduced to below 5.0 mg/L for all soil).
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 12183 Ocean Street, M arshfield, MA 02050
RiverHawkLLC,com 1(508) 523-1007
Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
ATTACHMENT A Page
Scope of Work and Proposed Costs
Confirmatory Soil Pre -Characterization and Remediation Oversight & Assessment:
Based on the preliminary schedule estimates, remediation is expected to take an estimated 15 -
days. RHE personnel will use an XRF to attempt to determine the vertical and horizontal extents
of heavy metals impact on a "real-time" basis during excavation activities. It is expected that up
to twelve (12) soil samples will be submitted for confirmatory laboratory analysis of heavy metals.
RHE will provide project management, field oversight, and associated field equipment during the
remediation process. A timeline of 10 hours per day for 15 days was used as an estimate for
determining oversight costs, but it is likely that the time/frequency of visits may vary.
RHE will also conduct perimeter airborne particulate monitoring at up to three (3) locations during
active remediation activities (i.e., excavation, treatment, loading, etc). Perimeter air monitors will
be set within weather enclosures and will be set to alarm if dust action control limits (to be
specified in the RAM Plan) are exceeded on a 15 -minute time weighted average (TWA) basis. RHE
personnel will download data and set the units up to charge at the end of each day.
Please note: The Contractor will be responsible for providing dust control and conducting
particulate monitoring in the work zone during remediation activities).
Estimated Cost for Remediation Oversight & Assessment $22,500
ADDITIONAL SERVICES:
Any service not specifically outlined in the Scope of Services for the project is specifically excluded
from this agreement, but may be provided by RHE should the need arise. In the event that
additional services should become necessary, a Contract Amendment must be authorized prior to
RHE performing additional services and will be based on the fee schedule provided. The following
is a list of services which may be provided, if needed:
C Additional assessment;
C Any additional compliance, filing, and/or permitting requirements in accordance
with the requirements of local, state, and/or federal agencies;
C Any service not specifically stated in the Scope of Services.
SCHEDULE OF SERVICES:
RHE will be prepared to provide staffing one -week after receiving a signed contract.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 12183 Ocean Street, Marshfield, MA 02050
RiverHawkLLC.com 1(508) 523-1007
Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
ATTACHMENT A Page 4
Scope cif Work and Proposed Costs
COMPENSATION:
RHE and the CLIENT agree that compensation for the performance of this anticipated scope of
work (SOW) will be Fifty Seven Thousand Five Hundred Dollars ($57,500). If additional services
are required beyond the Scope of Work, those services will be billed on a time and materials basis
in accordance with Attachment B.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 1 2183 Ocean Street, M arshfield, MA 02050
RiverHawkLLC,com 1(508) 523-1007
Doc ID: 13f51ce3caa78e6cb09d4e92eeoc7f163c357f7e
ATTACHMENT B
AGREEMENT FOR PROFESSIONAL SERVICES
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 1 2183 Ocean Street, Marshfield, MA 02050
RiverHawkLLC.com 1(508) 523-1007
Doc ID:13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
ATTACHMENT [3
Agreement for Professional Services
This AGREEMENT is made by and between River Hawk Environmental, LLC, herein referred to as
RHE, and Town of Brewster, 2198 Main Street, Brewster, MA 02631, herein referred to as the
CLIENT.
The CLIENT and RHE agree as follows:
1. SERVICES
RHE will provide to the CLIENT the services as set out in
ATTACHMENT B to this AGREEMENT.
2. COMPENSATION
The CLIENT will pay RHE for these services in accordance with
ATTACHMENT A to this AGREEMENT.
3. CLIENT'S RESPONSIBILITIES
The CLIENT recognizes that RHE may perform additional services,
do additional work and incur expenses as a result of claims made
by other parties related to the project. The CLIENT will pay RHE for
these services, work and expenses, including but not limited to
attorney fees and expenses, whether or not RHE is a named party.
4. PAYMENT TERMS
RHE will preparea bill periodically which shall set forth professional
charges, and other charges. The "amount due" is due upon receipt
of the bill. All amounts not paid within thirty (30) days after the
bill's mailing date shall bear an additional charge of one and one-
half percent (1'A%) per month calculated from the time of the initial
issuance of the invoice. Whenever the account is past due more
than sixty (60) days after bill mailing, RHE may suspend any further
work or document delivery called for by this AGREEMENT until such
account is made current. The fact that RHE may continue to work
beyond the time during which it may have suspended the work
shall not be deemed to be a waiver of its rights hereunder. The
CLIENTshall be responsible and shall pay RHEforall costs, including
attorney fees incurred as a result of the collection of any overdue
balances. Advance payment shall be applied to the last charges on
the PROJECT.
Payment shall be made to RHE, Inc. and forwarded to:
River Hawk Environmental, LLC
2183 Ocean Street
Marshfield, MA 02050
5. PERFORMANCE
RHE will perform its services for this AGREEMENT with the degree
of skill and care normally exercised by recognized professional firms
performing services of a similar nature. RHE specifically disclaims,
and Client waives, any expressed or implied standards, guarantees
or warranties, including warranties of merchantability and fitness
for a particular purpose, customer usage or otherwise as to any
services which are the subject of this AGREEMENT.
6. INSURANCE AND LIMITATIONS
RHE will maintain statutory workman's compensation insurance,
general liability insurance, auto liability insurance and
professional liability insurance all as may be reasonably available
in the insurance market.
RHE's liability for damages, resulting from Professional Services
errors and omissions will be limited to a sum not to exceed
$50,000 or RHE's fee, whichever is greater. Notwithstanding the
foregoing, said limitation shall not apply to the extent that any
such damages shall be covered by RHE's professional liability
insurance.
This limitation will apply regardless of the form of action, whether
contract or tort, including without limitation negligence. In no
event will RHE be liable for any damages resulting from lost
profits, lost data or use, indirect, incidental or consequential
damages.
In the event the CLIENT makes a claim against RHE under Article
10 below, and the CLIENT fails to prove such claim, then the
CLIENT shall pay all reasonable charges for RHE work, costs and
expenses incurred by RHE in defending itself against the claim,
Including reasonable attorney fees.
7. CONTAMINATED MATERIALS
The Services performed by RHE may deal in some way with oil,
hazardous material, pollution or contaminated materials which
were on the Site, study area or related area through no fault or
action of RHE. Therefore, the CLIENT agrees to defend, indemnify
and hold harmless, RHE, subsidiaries, consultants, agents,
directors, officers and employees from and against all claims,
damages, losses and expenses, direct, indirect, incidental, and
consequential damages, economic loss, lost profit or opportunity,
pollution and environmental impairment and natural resource
damages including but not limited to fees, charges of attorneys,
and court and arbitration costs, directly or indirectly caused by or
incident to the toxic or hazardous properties of substances or
materials and/or arise out of any state or federal statute relating
to toxic or hazardous materials or substances, and/or arise
directly or indirectly out of or result from any professional
services, report, data, LSP opinion or assessment furnished by
RHE, subsidiaries, its employees, agents and subcontractors under
this AGREEMENT. Unless required by code or statute,
environmental samples shall remain the property of and will be
returned to the CLIENT.
8. OWNERSHIP AND USE OF DOCUMENTS
Drawings, Reports, Specifications and other Documents as
instruments of service are and shall remain the property of RHE.
The CLIENT shall be permitted to retain copies, including
reproducible copies of Drawings, Reports, Specifications and
other Documents for information and reference in connection
3057 Main Street, Brewster, MA
April 18, 2022
Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
ATTACHMENT I3
Agreement for Professional Services
Page 2
with the CLIENT'S use and occupancy of the PROJECT. The
Documents shall not be used by the CLIENT on other projects, for
additions to this PROJECT, or for completion of this AGREEMENT,
except by agreement in writing and with appropriate compensation
to RHE.
9. RESPONSIBILITY FOR CONSTRUCTION COST
Evaluations of the CLIENT'S Project budget, Statements of
Probable Construction Cost and Detailed Estimates of Construction
Cost and other project cost data, if any, prepared by RHE represent
RHE's best judgment as a design professional familiar with the
construction industry. Neither RHE nor the CLIENT has control over
the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding,
market or negotiating conditions. Accordingly, RHE cannot and
does not warrant or represent that bids or negotiated prices will
not vary from the Project budget proposed, established or
approved by the CLIENT, if any, or from any Statement of Probable
Construction Cost or other cost estimate or evaluation prepared by
RHE.
10. ARBITRATION
All claims, disputes and other matters in question between the
parties to this AGREEMENT, arising out of or relating to this
AGREEMENT or the breach thereof, which cannot be immediately
resolved between the CLIENT and RHE, shall be decided by
arbitration in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then obtaining
unless the parties mutually agree otherwise. No arbitration arising
out of or relating to this AGREEMENT shall include, by
consolidation, joinder or in any other manner, any additional
person not a party to this AGREEMENT.
The demand for arbitration shall be made within a reasonable time
and in no event shall the demand for arbitration be made after the
date when institution of legal or equitable proceedings based on
such claim, dispute, or other matter in question would be barred
by the applicable statute of limitations.
11. TERMINATION OF AGREEMENT
This AGREEMENT may be terminated by either party upon seven
days' written notice should the other party substantially fail to
perform in accordance with its terms through no fault of the party
initiating the termination; or by the CLIENT upon at least seven
days' written notice to RHE in the event that the project is
permanently abandoned.
Either party may terminate upon seven days' written notice if the
other party commits a non -curable default or violation of this
AGREEMENT, commits a curable default or violation of the
AGREEMENT which is not remedied within a designated time
period, becomes insolvent or has a petition filed against it as
bankrupt or insolvent, executes an assignment for the benefit of
creditors or has a receiver appointed for any reason.
In the event of termination, RHE shall be compensated for all
services performed to termination date, together with
Reimbursable Expenses then incurred and all termination related
charges and expenses.
12. MISCELLANEOUS PROVISIONS
This AGREEMENT is to be governed by the laws of the state of
Massachusetts, without regard to those laws relating to conflict
of laws.
Waiver by either party of any of its rights or remedies or of any
breaches by the other party under this AGREEMENT in a particular
instance shall not be considered as a waiver of the same or
different rights, remedies or breaches in subsequent instances.
Each party shall not transfer, pledge or assign this AGREEMENT or
any rights or obligations hereunder, without first obtaining in
each instance the prior written consent of the other.
This AGREEMENT represents the entire and integrated agreement
between CLIENT and RHE and supersedes all prior negotiations,
representations or agreements, either written or oral. This
AGREEMENT may be amended only by written instrument signed
by both CLIENT and RHE.
RHE's professional services will be performed, findings obtained,
and recommendations prepared in accordance with customary
principles and practices in the fields of environmental science and
engineering. This warranty is in lieu of all other warranties either
expressed or implied. RHE is not responsible for the independent
conclusions, opinions, or recommendations made by others based
on the records review, field inspection, field exploration, and
laboratory test data presented in RHE's reports.
Environmental investigations are inherently limited in the sense
that conclusions are drawn and recommendations developed
from information obtained from limited research and subsurface
investigation. Subsurface conditions in areas not field investigated
as part of this study may differ from the conditions implied by the
limited investigation. Additionally, the passage of time may result
in a change in the environmental characteristics at the Subject
Property and surrounding properties. RHES report will not
warrant against future operations or conditions, nor will it
warrant operations or conditions present of a type or at a location
not investigated.
The CLIENT acknowledges that neither RHE, nor any of their
subcontractors, are responsible for any damage to utilities and/or
surface features caused by subsurface investigation activities.
13. COMMENCEMENT OF SERVICES
RHE shall not begin work until RHE has received a fully executed
contract and any advance payment specified in Attachment B or
subsequent addendums.
0'> I',rl_sire street, lrc"vseer, /\,1A
April 18, 2022
Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
ATTACHMENT It PP a e
Agreement for Professional Services
14. MASSACHUSETTS LICENSED SITE PROFESSIONAL
Certain services performed under this Agreement may require an
opinion of a Licensed Site Professional ("LSP") licensed pursuant to
Massachusetts General Laws c.21E. The LSP is bound by certain
rules of professional conduct established under M.G.L. c.21E, and
specifically 309 CMR 4.00. The Client agrees to cooperate fully with
the LSP in his/her rendering of any LSP opinion and in all matters
required to be undertaken in connection with this work. Client
recognizes and acknowledges that an LSP is under obligation to
report to the Client certain information which may be discovered
during the course of the work, and to report such information to
appropriate governmental agencies in the event that, in the LSP's
opinion, the Client does not comply with any applicable federal,
state or local environmental or related law, regulation, rule or
administrative policy. In addition to Client's indemnification
obligations pursuant to Section 7 hereof, Client indemnifies, holds
harmless and agrees to defend RHE, subsidiaries and any individual
LSP rendering an opinion in connection with this work for all
actions which may be initiated against the LSP, RHE, its, subsidiaries
or the Client for the Client's failure to comply with all applicable
laws or with the recommendations of theLSP. Client further agrees
that, except for bad faith or reckless disregard by the LSP of his
professional obligations, Client's rights and remedies against an LSP
will be limited to the filing of a complaint with the LSP licensing
board pursuant to 309 CMR 7.00, and the Client waives and
releases all other rights and remedies the Client may have against
an LSP.
This AGREEMENT is effective on the last signed date.
CLIENT:
Town of Brewster
2198 Main Street
Brewster, MA 02631
Attn: Donna J. Kalinick
(508) 896-3701 ext. 1130
dkalinick@brewster-ma.gov
SIGNATURE:
NAME:
TITLE:
DATE:
SERVICE PROVIDER:
River Hawk Environmental, LLC
2183 Ocean Street, Suite 2
Marshfield, MA 02050
(781) 536-4639
bkenney@riverhawkllc.com
SIGNATURE:
NAME: William Kenney
TITLE:
DATE:
Manager/Sr. Geologist
3057 Main Street, Brewster, MA April 18, 2022
Doc ID: 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
ATTACHMENT B Page
Agreement for Professional Services
FEE SCHEDULE
Compensation to River Hawk Environmental, LLC will be in
accordance with River Hawk Environmental, LLC's current
Standard Rates:
PER HOUR
Principal. 200.00
Licensed Site Professional 135.00
Chief Engineer. 160.00
Senior Engineer. 135.00
Senior Geologist 135.00
Chief Surveyor. 135.00
Senior Project Engineer 110.00
Senior Surveyor. 110.00
Project Manager 110.00
Project Surveyor. 85.00
Project Engineer/Geologist 85.00
Environmental Scientist I. 85.00
Surveyor 75.00
Geologist/Engineer. 75.00
Environmental Scientist. 75.00
Engineer/Scientist/Geologist Technician I 75.00
Surveying Technician 65.00
CAD Operator 65.00
1) Incurred expenses including but not limited to telephone
calls, travel, lodging, subsistence, printing costs, computer
use, stakes, monuments, and other project -related costs are
billed to the CLIENT at actual costs, plus 15%.
2) Outside services procured and coordinated by River Hawk
Environmental, LLC are charged at cost plus 15%.
3) Work in excess of 8 hours per day and/or 40 hours per week,
where required for non -salaried employees, is charged at 1'h
times the standard rate.
4) All time for the field work is calculated and charged from
the time the Field Crew(s) leave their office(s) to the time
they return. There is a minimum of four (4) hours charged
for any project requiring field work.
5) When necessary for the Field Crew(s) to set up on heavily
traveled roads or any State Highway, police protection will
be secured and the charges billed directly to the CLIENT.
6) Court appearances, testimony and oral depositions are
charged at two times standard rates. Time expended for
preparation of written depositions and affidavits is charged
at 1% standard rates. Preparation for testimony is charged
at standard rates. A minimum of four (4) hours will be
charged for oral depositions and court appearances or
testimony.
7) In an effort to keep the CLIENT informed, River Hawk
Environmental, LLC has given the CLIENT an estimate of
charges which are not a limit on River Hawk Environmental,
LLC's compensation, but rather a guide for River Hawk
Environmental, LLC and for the CLIENT's budgeting
program. River Hawk Environmental, LLC will notify the
CLIENT if and when River Hawk Environmental, LLC believes
additional effort will be required to perform a River Hawk
Environmental, LLC assignment. River Hawk Environmental,
LLC will also include a description of the changing
circumstances which River Hawk Environmental, LLC
believes to be the basis for the additional effort. This
budget estimate and any additions or reductions in the
budget are not limits on River Hawk Environmental, LLC
compensation. The CLIENT will compensate River Hawk
Environmental, LLC for work performed for the CLIENT
according to the above contract terms.
8) There is a fee of $25 for all returned checks.
3057 Main Street, Brewster, MA
April 18, 2022
Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
YHELLOSIGN Audit Trail
TITLE Riverhawk CCSC ENV
FILE NAME Riverhawk Env. 05.05.22.pdf
DOCUMENT ID 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
AUDIT TRAIL DATE FORMAT MM / DD / YYYY
STATUS Signed
Document History
CC
SENT
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VIEWED
SIGNED
Q
VIEWED
SIGNED
G
COMPLETED
05 / 05 / 2022
17:21:42 UTC
05 / 05 / 2022
18:41:12 UTC
05 / 05 / 2022
18:42:05 UTC
05 / 05 / 2022
19:00:47 UTC
05 / 05 / 2022
19:01:21 UTC
05 / 05 / 2022
19:01:21 UTC
Powerecl by V HELLOSIGN
Sent for signature to Peter Lombardi
(plombardi@brewster-ma.gov) and Mimi Bernardo
(mbernardo@brewster-ma.gov) from dkalinick@brewster-ma.gov
IP: 131.109.131.20
Viewed by Peter Lombardi (plombardi@brewster-ma.gov)
IP: 131.109.131.20
Signed by Peter Lombardi (plombardi@brewster-ma.gov)
IP: 131.109.131.20
Viewed by Mimi Bernardo (mbernardo@brewster-ma.gov)
IP: 131.109.131.20
Signed by Mimi Bernardo (mbernardo@brewster-ma.gov)
IP: 131.109.131.20
The document has been completed.
RELEASE ABATEMENT MEASURE PLAN
Portion of 3057 Main Street
Brewster, MA 02631
MassDEP RTN: 4-29231
Prepared For:
Town of Brewster
2198 Main Street
Brewster, MA 02631
Prepared by:
River Hawk Environmental, LLC
2183 Ocean Street
Marshfield, MA 02050
June 8, 2022
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Plan (RAM Plan) - RTN 4-29231
Portion of 3057 Main Street, Brewster, MA
June 8, 2022
Table of Contents:
1.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2.0 GENERAL DISPOSAL SITE INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.1 Location and Description. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.2 Description & Current Use of the Subject Property & Disposal Site Area. . . . . . . 2
2.3 Subject Property History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.4 Potential Receptors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.5 RAM Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.0 SUMMARY OF ENVIRONMENTAL ASSESSMENT ACTIVITIES . . . . . . . . . . . . . . . . . . . . . 5
3.1 Soil Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.1.1 Geoprobe Soil Boring Advancements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.1.2 Hand Auger Soil Borings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.1.3 Evaluation of Soil Assessment Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.2 Groundwater Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.2.1 Previously Existing Monitoring Wells. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.2.2 Monitoring Well Installation & Development . . . . . . . . . . . . . . . . . . . . . . . 7
3.2.3 Monitoring Well Gauging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.2.4 Groundwater Sample Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.2.5 Evaluation of Groundwater Assessment Data. . . . . . . . . . . . . . . . . . . . . . . 8
4.0 RELEASE ABATEMENT MEASURE PLAN & STATUS DETAILS. . . . . . . . . . . . . . . . . . . . . . 9
4.1 Objectives of this Release Abatement Measure Plan . . . . . . . . . . . . . . . . . . . . . . . 9
4.2 Site Security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.3 Erosion/Sedimentation Controls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.4 Dust Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.5 Safety Precautions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.6 Excavated Material Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.7 Environmental Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.8 Unforseen Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4.9 Implementation Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4.10 Additional Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4.11 Certification for Greater than 1,500 Cubic Yards of Soil. . . . . . . . . . . . . . . . . . . . 12
4.12 Payment of RAM Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.13 Public Involvement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5.0 LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
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List of Figures:
Figure 1 - Site Location Plan
Figure 2 - Site Plan
Figure 3 - MassGIS Environmental Plan
Figure 4 - Proposed RAM Area
List of Tables:
Table 1 - Soil Sample Screening Summary
Table 2 - Soil Sample Analytical Summary
Table 3 - Groundwater Sample Analytical Summary
List of Appendices:
Appendix A - BWSC Forms
Appendix B - Photographs
Appendix C - Boring Logs / Monitoring Well As-Built Diagrams
Appendix D - Laboratory Analytical Reports
Appendix E - Public Notice Documentation
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1.0 INTRODUCTION
On behalf of the Town of Brewster (the Property Owner), River Hawk Environmental, LLC (RHE) has
prepared this Release Abatement Measure Plan (RAM Plan) to provide the Massachusetts
Department of Environmental Protection (MassDEP) with information relative to the interim
stabilization and remediation of soil impacts associated with a former .22 caliber rifle range at a
portion of 3057 Main Street in Brewster, MA (the Subject Property). The MassDEP issued Release
Tracking Number (RTN) 4-29231 (the Disposal Site) to track environmental response actions
associated with the Subject Property.
This document has been prepared in accordance with the requirements of 310 CMR 40.0444, and
includes information related to the objectives, plans, proposed implementation, status, and
schedule for response actions. The Subject Property, known area of impact associated with the
Disposal Site, resources within the vicinity of the Subject Property, and the estimated location of
the proposed remediation are displayed on Figures 1 through 4. A copy of the MassDEP Bureau
of Waste Site Cleanup (BWSC) RAM Submittal Form (BWSC Form 106) is included in Appendix A.
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2.0 GENERAL DISPOSAL SITE INFORMATION
The following subsections provide information regarding the location, setting, and known
environmental condition of the Disposal Site Area. Photographic documentation of the Disposal
Site area is included in Appendix B.
2.1 Location and Description
Location Aid/Site Name:Former Cape Cod Sea Camps Property
Release Tracking Number:4-29231
Address:3057 Main Street
Brewster, MA 02631
Assessor’s Information:Map 101, Parcel 45
MassDEP GIS Coordinates:41.774080N, -70.043120W
Property Owner:Town of Brewster
(Entity Conducting Response Actions)2198 Main Street
Brewster, MA 02631
Licensed Site Professional:River Hawk Environmental, LLC
2183 Ocean Street
Marshfield, MA 02050
LSP of Record: William Kenney, LSP #3798 1
Phone: (781) 536-4639 | Email: bkenney@riverhawkllc.com
2.2 Description & Current Use of the Subject Property & Disposal Site Area
The Subject Property is a 54.92-acre parcel (Map 101, Parcel 45) located north of Main Street in
an area of Brewster, MA used for residential, commercial, and recreational purposes. The Subject
Property is improved with numerous buildings associated with a former summer camp (Cape Cod
Sea Camps). The ground surface between the buildings is predominantly covered with either
bituminous concrete (i.e., pavement), concrete, and/or maintained landscaping. Paved and/or dirt
roads and parking areas are located throughout the Subject Property and between the buildings
1 By virtue of electronically signing the BWSC Form 106, the LSP certifies that the RAM is being conducted
in conformance with the performance criteria of 310 CMR 40.0444(1)(g).
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on the Subject Property. A former .22 caliber rifle range, which is surrounded on all sides by a
fence, is present on the northeastern portion of the Subject Property. Additional improvements
(i.e., tennis courts, basketball courts, and a swimming pool) are also located on the central and/or
northern portions of the Subject Property.
RHE conducted due diligence investigation at the Subject Property in 2021, which identified the
former presence of the .22 caliber rifle range on the northeastern portion of the Subject Property
as a potential Recognized Environmental Condition (REC). Subsurface investigations were
conducted in the .22 caliber rifle range between October 2021 and November 2021 to evaluate
whether previous shooting activities had resulted in impacts to soil and groundwater. Select metals
(Antimony, Copper, Lead, and Zinc) were detected at concentrations greater than the MCP RCS-1
Reportable Concentrations in shallow soil samples collected from the shooting position and/or
backstop of the former rifle range. The area of metals impact associated with the former .22 caliber
rifle range is referred to as the Disposal Site, and is displayed on Figure 4.
2.3 Subject Property History
The Subject Property has operated as a children’s summer camp for approximately 100-years.
According to former Cape Cod Sea Camps personnel, the Subject Property was used as a hunting
estate prior to the development of the Subject Property for use as a children’s summer camp. The
Subject Property was acquired by the Town of Brewster on November 29, 2021 (Barnstable County
Registry of Deeds Book 34698, Page 80).
2.4 Potential Receptors
The following is a summary of potential human and environmental receptors associated with the
Subject Release Site:
Human Receptors:
The Disposal Site is located within a former summer camp area. Properties in the immediate
vicinity are used for residential and commercial purposes. A safety fence was present at the
perimeter of the rifle range prior to investigation and remediation activities. A chain link fence will
be placed at the perimeter of the former rifle range, and the backstop of the rifle range will be
covered with polyethylene sheeting until formal remediation can be conducted. The chain link
fence will remain in place, and dust control measures/monitoring will be implemented, during
proposed redevelopment activities.
Potential human receptors associated with this RAM include construction/utility workers and
nearby residents. Remediation will be conducted in accordance with the Contractor’s Health and
Safety Plan (HASP). Minimizing dust generation during earthwork associated with this RAM will be
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paramount to minimize impact to construction workers and off-site receptors.
Groundwater Supply & Groundwater Use:
The Subject Property is located within a MassDEP-delineated Medium Yield Aquifer and a US EPA-
designated Sole Source Aquifer. No private drinking water wells were identified in the immediate
vicinity of the Disposal Site.
Wetlands Resources & Surface Water Bodies:
The Disposal Site is not located within 100-feet of wetland resources or surface water bodies.
Perimeter erosion/sedimentation controls (i.e., silt fence, hay bales, compost fiber rolls, and/or
straw wattles) will be placed at topographically low-lying portions of the remediation area during
earthwork associated with this RAM.
Open Spaces & Areas of Critical Environmental Concern:
Based on a review of the MassGIS Environmental Map of Priority Resources (Figure 3), the Disposal
Site is not located within an Open Space, Area of Critical Environmental Concern (ACEC), or
Threatened or Endangered Species Habitat.
2.5 RAM Plan
RHE has prepared this RAM Plan to document interim stabilization actions associated with the
Disposal Site (i.e., placement of a temporary chain link fence and polyethylene cover). Additional
environmental response actions to address impacts at the former .22 caliber rifle range will be
specified in a RAM Status/RAM Plan Modification Report.
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3.0 SUMMARY OF ENVIRONMENTAL ASSESSMENT ACTIVITIES
RHE conducted a Phase II Limited Subsurface Investigation (Phase II LSI) to evaluate potential
environmental concerns associated with the Subject Property between October and November
2021. The Phase II LSI included the preliminary assessment of soil and groundwater conditions
within and in the vicinity of the former .22 caliber rifle range (i.e., the Disposal Site) and other areas
that posed potential environmental concern at the Subject Property. Further detail regarding the
limited subsurface investigation conducted in the vicinity of the Disposal Site is summarized below:
3.1 Soil Assessment
The following is a summary of soil assessment activities conducted within and in the vicinity of the
Disposal Site:
3.1.1 Geoprobe Soil Boring Advancements
RHE directed NE Geotechnical, Inc., of Jamestown, RI, during the advancement of one (1) soil
boring in the northern portion of the backstop of the former .22 caliber rifle range (SB-103) on
October 12, 2021. The soil boring was advanced using a track-mounted Geoprobe® drill rig. Soil
samples were collected from the boring using acetate sleeves. Soil samples were screened for total
organic volatile (TOV) content using a MultiRAE organic volatile meter (OVM) calibrated with 100
ppmv isobutylene span gas and equipped with a 10.6 eV lamp and were screened for select metals
using an Olympus Vanta-C Series X-Ray Fluorescence Analyzer (XRF). One soil sample [SB-103 (5'-
10')] was submitted to ESS Laboratory, of Cranston, RI, for laboratory analysis of select metals
(Arsenic, Copper, Lead, and Zinc). The location of soil boring SB-103 is displayed on Figure 4. Soil
classifications are included in the boring logs (Appendix C). Field screening data are summarized
in Table 1, and laboratory analytical results are summarized in Table 2. The complete laboratory
analytical report is included in Appendix D.
3.1.2 Hand Auger Soil Borings
RHE personnel used hand tools (i.e., a post-hole digger and hand auger) to advance eleven (11)
shallow soil borings in the backstop and adjacent to the shooting position of the former .22-caliber
rifle range (SB-104, SB-105, SB-106, SB-107, SB-108, SB-109, SB-110, SB-111, SB-112, SB-113, SB-
114) on October 12, 2021. Soil samples were collected from 0 to 1 foot below grade and 1 foot to
2 feet below grade in each soil boring. Soil samples were screened for TOVs using an OVM and
screened for select metals using an XRF. Ten (10) soil samples [SB-104 (0-1'), SB-104 (1'-2'), SB-106
(0-1'), SB-106 (1'-2'), SB-108 (0-1'), SB-108 (1'-2'), SB-110 (0-1'), SB-110 (1'-2'), SB-113 (0-1'), SB-113
(1'-2')] were submitted to ESS Laboratory for laboratory analysis of MCP 13 Metals, Copper, and/or
Toxicity Characteristic Leaching Procedure (TCLP) Lead. Soil sample locations in the former rifle
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range are displayed on Figure 4. Field screening data are summarized in Table 1, and laboratory
analytical results are summarized in Table 2. The complete laboratory analytical report is included
in Appendix D.
3.1.3 Evaluation of Soil Assessment Data
The following is a summary of soil assessment data collected within and in the vicinity of the
Disposal Site during the Phase II LSI:
Physical Soil Characteristics:
Soil within the Disposal Site Area is predominantly sand with lesser amounts of silt and gravel.
Bedrock was not encountered during subsurface exploration activities.
TOV Field Screening Results:
An evaluation of TOV field screening results revealed that TOV levels were not detected at levels
greater than 1 parts per million by volume (ppmv).
Metals Field Screening Results:
An evaluation of metals screening results revealed elevated levels of Antimony, Arsenic, Copper,
Lead, and/or Zinc in soil samples collected from the backstop of the .22 caliber rifle range (SB-103,
SB-104, SB-105, SB-106, SB-107, SB-108, SB-109, and SB-110) and immediately east of the shooting
house of the .22 caliber firing range (SB-112, SB-113, and SB-114). In general, the concentration
of metals detected via field screening of soil samples collected from 0' to 1' below grade were
higher than metals concentrations in soil samples collected from 1' to 2' below grade.
The Lead screening level associated with soil sample SB-103 (5'-10') was higher than the screening
level for the overlying soil sample, which is a data anomaly. Supplemental assessment is warranted
to confirm the extent of Lead impacts to soil.
Metals Laboratory Results:
Antimony was detected at concentrations greater than the MCP Method 1 S-1/GW-1 Soil Standard
in select soil samples collected from the backstop of the .22 caliber firing range [SB-104 (0-1') and
SB-106 (0-1')]. Antimony was not detected in soil samples collected from 1 to 2 feet below grade
in soil borings SB-104 and SB-106. The likely source of shallow Antimony impacts were .22 caliber
bullets shot into the backstop of the shooting range.
Copper and/or Zinc were detected at a concentration greater than the MCP Method 1 S-1/GW-1
Soil Standard soil samples collected from the area immediately east of the shooting position of the
.22 caliber shooting range [SB-113 (0-1') and/or SB-113 (1'-2')]. The likely source of Copper and Zinc
impacts was spent brass shell casings.
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Total Lead was detected at concentrations greater than the MCP Method 1 S-1/GW-1 Soil Standard
in nearly all of the soil samples collected from the backstop of the .22 caliber rifle range and
immediately east of the shooting house of the .22 caliber firing range. In general, the concentration
of Total Lead detected in soil samples collected from 0 to 1 foot below grade was higher than the
Total Lead detected in soil samples collected from 1 to 2 feet below grade.
The detection of total Lead in soil sample SB-103 (5'-10') appears to be anomalous, and may have
been the result of boring collapse during the geoprobe soil boring advancement. Supplemental
assessment is warranted to confirm the extents of Lead impacts to soil.
Lead was detected at concentrations greater then the federal characteristic hazardous waste level
(5.0 mg/L) in all soil samples collected from 0 to 2 feet below grade in the backstop of the .22
caliber rifle range and in the soil sample collected from 0 to 1 foot below grade in the area
immediately east of the shooting house of the .22 caliber firing range. Based on these results,
portions of the soil in the backstop and area immediately east of the shooting house of the .22
caliber rifle range have been/will be defined as characteristic hazardous waste upon generation
(Hazardous Waste Code D008). This soil may be disposed of in a Subtitle C landfill, but cannot be
disposed in a Subtitle D landfill until it has been stabilized/treated below the characteristic level
(if possible).
3.2 Groundwater Assessment
The following is a summary of groundwater assessment conducted within and in the vicinity of the
Disposal Site:
3.2.1 Previously Existing Monitoring Wells
A previously existing monitoring well was located in the area north of the .22 caliber shooting
range (MW-4) prior to the Phase II LSI in 2021. Refer to Figure 4 for the location of monitoring well
MW-4. According to a representative of the former owner of the Subject Property, the monitoring
well was installed as part of a previous hydrogeological survey and/or to monitor groundwater in
accordance with a Groundwater Discharge Permit associated with previous summer camp
operations.
3.2.2 Monitoring Well Installation & Development
Soil boring SB-103 was completed as monitoring well MW-103, which was constructed with 1-inch
diameter polyvinyl chloride (PVC) piping. The screen MW-103 intersects the water table elevation.
Refer to the Boring Logs (Appendix C) for monitoring well as-built specifications.
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RHE personnel used a peristaltic pump to develop monitoring well MW-103 on October 12, 2021.
The monitoring well was purged until visible turbidity in the purge water had subsided.
3.2.3 Monitoring Well Gauging
RHE personnel gauged the depth to groundwater within monitoring well MW-4 and MW-103 on
October 14, 2021. Monitoring well gauging was conducted with an electronic interface probe (EIP),
which was capable of determining the depth to groundwater and presence/absence of
non-aqueous phase liquid (NAPL). Well gauging data are included in Table 3.
3.2.4 Groundwater Sample Collection
RHE personnel used peristaltic pumps to collect groundwater samples from monitoring wells MW-4
and MW-103 on October 14, 2021. After approximately three well volumes of groundwater was
purged from each well, groundwater samples were collected in pre-cleaned and pre-preserved
containers provided by the laboratory. Groundwater samples collected from monitoring wells MW-
4 and MW-103 were submitted to ESS Laboratory for laboratory analysis of dissolved MCP 14
Metals and Volatile Organic Compounds (VOCs). Summarized laboratory analytical results are
included in Table 3, and the complete laboratory analytical report is included in Appendix D.
3.2.5 Evaluation of Groundwater Assessment Data
The following is a summary of soil assessment data collected within and in the vicinity of the
Disposal Site during the Phase II LSI:
Monitoring Well Gauging Data:
The depth to groundwater on October 14, 2021 ranged from 4.87-feet below grade (MW-4) to
10.03-feet below grade (MW-103). Apparent groundwater flow within the monitoring well network
is down to the north/northwest (i.e., towards Cape Cod Bay).
Dissolved Metals Laboratory Results:
No dissolved MCP-14 Metals were detected in groundwater samples at concentrations greater than
the MCP Method 1 GW-1 Groundwater Standards.
VOC Laboratory Results:
No VOC compounds were detected at concentrations greater than the analytical method detection
limit (i.e., non-detect).
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4.0 RELEASE ABATEMENT MEASURE PLAN & STATUS DETAILS
The following subsections include information relative to the requirements of 310 CMR 40.0444.
4.1 Objectives of this Release Abatement Measure Plan
The following are the objectives of this RAM:
• Establish and maintain site security, dust, and sediment/ erosion controls;
• Conduct supplemental assessment to confirm the magnitude, extent, and stabilization
treatment potential of impacts associated with the former .22 caliber rifle range;
• Excavate impacted soil that exceeds regulatory thresholds;
• Conduct soil treatment, excavation, and management; and
• Conduct environmental monitoring during excavation activities.
4.2 Site Security
As an interim stabilization measure, a temporary chain link fence will be placed around the
backstop, low-lying vegetation will be removed from the backstop, and polyethylene sheeting will
be placed on top of the backstop of the former .22 caliber rifle range. The polyethylene sheeting
will be anchored with objects of significant mass to preclude the sheeting from being significantly
disturbed by wind.
Prior to beginning earth moving activities, a temporary chain link and/or wooden fence shall be
established around the Disposal Site. The Disposal Site will be secured at the end of each day, and
access to the Disposal Site will be restricted to authorized persons during RAM activities. Personnel
working within the Disposal Site will perform excavation-related tasks in accordance with the
Contractor’s Health and Safety Plan (HASP).
4.3 Erosion/Sedimentation Controls
Erosion and sedimentation controls (i.e., silt fences, hay bales, compost filter socks/berms, or a
combination of each) shall be placed in the topographic low areas of the Disposal Site to minimize
erosion and transport of sediment to on-site and adjacent resource areas during remediation
activities. Erosion/sedimentation controls shall be inspected regularly, and maintained as
necessary.
4.4 Dust Control
Dust mitigation shall be paramount during earthwork associated with this RAM. Perimeter and
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work zone air monitoring will be conducted. Dust monitoring should be conducted in the work
zone and perimeter of the work area during remediation activities that involve earth moving.
Trucks transporting soil from the Disposal Site shall be covered with a tarp.
4.5 Safety Precautions
The excavation area will be secured with fencing, and the stockpile(s) associated with this RAM will
be covered with polyethylene sheeting at the end of each work day. Personnel within the work
area will perform work under their company’s site-specific HASP. At a minimum, the planned level
of worker protection during the performance of this RAM is Level D, as defined by “Standard
Operating Safety Guides” published by the US EPA. The Brewster Board of Health will be notified
as soon as practical in the event of an unscheduled upgrade in worker protection.
4.6 Excavated Material Management
The following is a summary of soil excavation and soil management associated with the
Redevelopment Project:
General MCP Objectives:
The objective of the RAM is to achieve metals concentrations in soil that are consistent with a Level
of No Significant Risk to Human Health and the Environment, which will substantiate the
submission of a Permanent Solution Statement to the MassDEP. It is proposed to extend the
excavation to a depth necessary to sufficiently demonstrate
TCLP Treatment/Management:
Select soil samples representative of soil that will be excavated and transported off-site during
RAM activities exhibited the presence of TCLP Lead at concentrations of that exceeded the federal
characteristic waste level of 5.0 mg/L [SB-104 (0-1'), SB-104 (1'-2'), SB-106 (0-1'), and SB-113 (0-1')].
Soil from select lifts will be either treated in-place for leachable Lead and disposed at an off-site
landfill as non-hazardous waste, or disposed at an off-site landfill as hazardous waste. Verification
testing will be conducted to demonstrate the effectiveness of blending and treatment activities,
as applicable. An evaluation of the results of supplemental assessment, and recommendations for
either the on-site treatment or off-site disposal of soils that exceed 5.0 mg/L TCLP Lead, will be
included in future RAM submittals.
4.7 Environmental Monitoring
RHE will provide environmental oversight during RAM earthwork activities. Based on an
assessment of constituents of concern (COCs), the following environmental monitoring program
will be implemented during RAM activities:
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Excavation Monitoring:
Excavation and soil management monitoring will be conducted by RHE personnel during select
excavation activities using an XRF and excavation endpoint samples may be submitted for
laboratory analysis of COCs identified during previous environmental investigation activities.
Stabilization Treatment Performance Monitoring:
Composite samples of the TCLP Lead treated soil will be collected and submitted for laboratory
analysis of TCLP Lead to confirm that TCLP Lead concentrations have been reduced to levels below
5.0 mg/L. If TCLP Lead exceeding 5.0 mg/L is detected in the blended soil, the soil will be re-treated
and post-treatment samples will be collected from the treated material again to demonstrate that
TCLP Lead is below the treatment criteria prior to off-site disposal.
Dust Monitoring:
The perimeter and work zone Dust Control Action Limit (DCAL) during the Redevelopment Project
shall be a maximum 15-minute time weighted average concentration of respirable dust (PM 10
concentration) of 50-μg/m3 and/or the applicable standard set forth in the Contractor’s HASP.
4.8 Unforseen Conditions
If potentially hazardous conditions become evident during RAM excavation activities, work in the
area will be suspended, and the area will be secured to protect against a health risk or release to
the environment. These conditions include, but are not limited to, strong chemical odors, flooding,
personal injury, exposure to chemicals, and/or unexpected hazardous materials, un-containerized
wastes, buried containers, and drums.
4.9 Implementation Schedule
Interim site security and dust control activities are scheduled to take place in Spring/Summer 2022.
Full-scale remediation activities will likely take place in the Spring/Summer of 2023 (pending on
funding). A RAM Status Report will be due to the MassDEP within 120-days of the submission of
this RAM Plan, and every six-months thereafter until the RAM is completed. A RAM Completion
Report will be due to the MassDEP within 60-days of completion of the objectives of this RAM.
4.10 Additional Permits
The Contractor shall obtain a Dig Safe permit prior to excavation activities. No other local, state,
or federal permits or approvals have been identified to conduct RAM-related activities at the time
of this document’s preparation.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Plan (RAM Plan) - RTN 4-29231
Portion of 3057 Main Street, Brewster, MA
June 8, 2022
Page 12
4.11 Certification for Greater than 1,500 Cubic Yards of Soil
The anticipated excavation volume associated with this RAM will be less than 1,500 CY; therefore,
the Financial Ability Certification required by 310 CMR 40.0442(5) is not required.
4.12 Payment of RAM Fee
All RAM Plans submitted to the MassDEP prior to Tier Classification shall be accompanied by the
appropriate fee established by 310 CMR 4.0: Timely Action Schedule and Fee Provisions. The $980
fee for this submittal has been mailed to the MassDEP’s Lock Box in Boston, MA.
4.13 Public Involvement
In accordance with the requirements of 310 CMR 40.1403, written public notice of the submittal
of the RAM Plan has been provided to the local Town Administrator and Health Department.
Copies of public notification letters are provided in Appendix E.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Plan (RAM Plan) - RTN 4-29231
Portion of 3057 Main Street, Brewster, MA
June 8, 2022
Page 13
5.0 LIMITATIONS
This RAM Plan was prepared by RHE, on behalf of the Town of Brewster, for submission to
MassDEP in conjunction with an environmental assessment of the Subject Property relative to
M.G.L. c.21E and the MCP. The conclusions provided by RHE are based solely on information
referenced to in this report. This RAM Plan was prepared for the exclusive use of the Town of
Brewster and the MassDEP in connection with the Subject Property and the Disposal Site. There
are no intended beneficiaries other than the Town of Brewster and the MassDEP.
Conclusions regarding the Subject Property are based on observations of existing conditions,
interpretation of site history and usage information, and the results of the subsurface exploration
and laboratory testing activities described in this report. RHE did not independently verify the
results of assessment, including field screening and laboratory analysis, conducted by others.
RHE shall owe no duty whatsoever to any other person or entity on account of the Agreement with
its client for the work or the RAM Plan. Use of this RAM Plan by any person or entity other than
the Town of Brewster and the MassDEP for any purpose whatsoever without the written
authorization of the Town of Brewster and RHE shall be at such other person’s or entity’s sole risk
and shall be without legal exposure or liability to the Town of Brewster and RHE.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
FIGURES
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
FIGURE 1 - SITE LOCATION PLAN
2183 OCEAN STREET
MARSHFIELD, MA 02050
TEL: 781-536-4639www.RiverHawkLLC.com
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
NTS
APPROX. SCALE:DATE:MJWDRAWN BY:
WPKCHECKED BY:
JUNE 8, 2022
SITE LOCATION
PROJECT
CLIENT
BREWSTER, MA3057 MAIN STREET
TOWN OF BREWSTERBREWSTER, MA
FIGURE 2 - SITE PLAN
NOTE: ALL DETAILS ARE APPROXIMATE AND ARE NOT THE RESULT OF A FIELD SURVEY.
2183 OCEAN ST.
MARSHFIELD, MA 02050
TEL: 508-523-1007www.RiverHawkLLC.com
PROJECT
CLIENT
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
AS SHOWN
APPROX. SCALE:DATE:HRRDRAWN BY:
WPKCHECKED BY:
BREWSTER, MA3057 MAIN STREET
JUNE 8, 2022
TOWN OF BREWSTERBREWSTER, MA
SCALE APPROX. 1" = 200'
4002001000
LEGEND
PROPERTY LIMITS (APPROX)
MAIN STRE
E
T
REFER TO FIGURE 4
FORMER 22-CALIBER
RIFLE RANGE
FIGURE 3 - MASS GIS ENVIRONMENTAL PLAN
2183 OCEAN ST.
MARSHFIELD, MA 02050
TEL: 508-523-1007www.RiverHawkLLC.com
PROJECT
CLIENT
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
NTS
APPROX. SCALE:DATE:MJWDRAWN BY:
WPKCHECKED BY:
BREWSTER, MA3057 MAIN STREET
JUNE 8, 2022
TOWN OF BREWSTERBREWSTER, MA
LEGEND
FIGURE 4
NOTE: ALL DETAILS ARE APPROXIMATE AND ARE NOT THE RESULT OF A FIELD SURVEY.
2183 OCEAN ST.
MARSHFIELD, MA 02050
TEL: 508-523-1007www.RiverHawkLLC.com
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
AS SHOWN
APPROX. SCALE:DATE:HRRDRAWN BY:
WPKCHECKED BY:
JUNE 8, 2022
PROPOSED RAM AREA
PROJECT
CLIENT
BREWSTER, MA3057 MAIN STREET
TOWN OF BREWSTERBREWSTER, MA
SCALE APPROX. 1" = 30'
6030150
SOIL SAMPLE LOCATION
MONITORING WELL LOCATION
SB-103/MW-103SB-104 SB-108
SB-109SB-105
SB-106 SB-110
SB-107
SB-111
SB-112
SB-113
SB-114
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FENCE EXSISTING
TEMPORARY POLYETHYLENE COVER
ESTIMATED DISPOSAL SITE LIMITSFENCE PROPOSED
MW-4
Connecticut Office
27 Kreiger Lane, Unit 10
Glastonbury, CT 06033
860.266.2616
Corporate Headquarters
362 Putnam Hill Road
Sutton, MA 01590
508.757.7782
New Hampshire Office
119 Old Turnpike Rd.
Nottingham, NH 03290
603.421.6391
Web: www.strategic-es.com | Fax: 508.363.2346 | Email: info@strategic-es.com
December 14, 2021
Bill Kenney
River Hawk Environmental, LLC
2183 Ocean Street
Marshfield, MA
Re: Budgetary Cost Estimated Camp Cod Sea Camps Shooting Range Clean-up
Brewster, MA
Mr. Kenney,
PROJECT OBJECTIVE
We understand that Client is requesting SES to perform remediation services associated with impacted
soil and has asked SES to provide budgetary cost estimate necessary to perform this service at the above
referenced site. The following outlines SES’s proposed scope, assumptions and project costs.
SCOPE OF WORK
Preconstruction Activities
• SES will coordinate with the Client and the property owner prior to mobilization.
• Contact Dig-Safe at least 72 hours prior to performing excavation activities to obtain an approval
number.
• Prepare site specific health and safety plan prior to start of project
Excavation and Management of Impacted Soil – Option – 1 Hazardous Soil Disposal
• Upon delineation of the area of excavation by the Client, SES will excavate contaminated soil from
the area proposed for excavation.
• Soil will be excavated and processed through a screener to removal bullets & casing prior to off
site disposal.
o Assumption: A total quantity of contaminated soil of 430 cubic yards, which at 1.5 tons
per cubic yard conversion is approximately 650 tons. If the excavation exceeds the volume,
additional costs will apply.
• The contaminated soil will be loaded into SES trucks for off-site disposal.
• Any soil that may remain on site overnight will be stockpiled and covered at the end of the day
with 6-mil polyethylene sheeting.
• SES will aid the Client in the sampling of the excavation with the use of the excavator equipment.
o Assumption: Excavation/utility support and/or bracing will not be needed and personnel
will not be required to enter excavation.
Excavation and Management of Impacted Soil – Option – 2 Treat Soil and Dispose as Non-Hazardous
• Upon delineation of the area of excavation by the Client, SES will perform treatment of lead soils
utilizing a stabilization agent EnviroBlend.
Page | 2
• Soil will be excavated and processed through a screener to removal bullets & casing prior to
treatment & off-site disposal.
• Product will be applied and mixed in accordance with manufacturer’s instructions using on-site
equipment.
• This shall occur by mixing the ~650 tons of soil in-situ requiring treatment.
• The area will be divided into (6) cells. Product will be introduced and mixed with the bucket of
the excavator in place.
• As the soil is mixed, the product is introduced in a uniform fashion.
• Samples will be collected immediately upon completion of mixing operations. The soil will be
covered with poly sheeting while awaiting date results.
• Post treatment soil sampling will be performed to confirm the effectiveness of the treatment
process and that concentrations of RCRA TCLP leachable lead are below threshold levels prior to
off-site disposal. Samples will be analyzed for TCLP lead and any additional parameters required
by the disposal facility.
• SES will prepare waste profiles and coordinate trucking for off site disposal to an non-hazardous
disposal facility.
ASSUMPTIONS AND/OR EXCLUSIONS
• SES will have full access to the work locations and space to stage equipment and/or materials.
Work area must be clean and free of debris prior to the commencement of excavation activities.
• All analytical testing, discharge permitting, regulatory notifications (if required) and associated
engineering tasks shall be performed by others at no cost to SES.
• All disposal pricing contained herein are based on facility acceptance.
• The Client will obtain LSP approval and property owner authorization and signatures for disposal
documentation.
• Impacted material must be physically and chemically suitable for the intended facility.
• The Client will be on-site at all time to direct the excavation activities.
• This proposal does not include any costs associated with excavation dewatering, management of
contaminated groundwater, or contaminated soil other than those directly specified herein.
• This proposal does not include any costs associated with restoration and/or landscaping beyond
backfill material for the excavation area.
• All engineering, testing, and reporting associated with contamination remediation and
geotechnical quality control issues shall be conducted by others at no cost to SES.
• SES will not be responsible for damage, associated losses, and repair costs to unmarked or
inaccurately marked structures/utilities.
• This proposal does not include the demolition or removal of existing tank anchor pads or
deadmen, if encountered.
• SES has not included the cost for excavation and/or utility support/bracing in this proposal. If
required, additional costs will apply.
• The proposed project approach is based upon information provided by the client.
Page | 3
ESTMATED COST AND BASIS FOR BILLINGS
The cost to perform the proposed scope of work is presented in the table below. Work will be billed in
accordance with the unit rates provided below. The basis for billing will be an itemized invoice reflecting
services performed.
Option-1 Disposal of Soil as Hazardous
Option-2 Treat Soil & Dispose of Soil as Non-Hazardous
PROJECT SHEDULE
SES can begin work within five days of receipt of a signed proposal.
Thank you for allowing SES to provide our services.
Sincerely,
Strategic Environmental Services Inc.
Bob Maddock
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1 Mobilization & Site Prep 1 LS $6,850.00 $6,850.00
2 Crew & Equipment to Screen out Bullets & Casing 1 LS $14,995.00 $14,995.00
3
Crew & Equipment to Excavate & Load, T&D of Haz Lead Soil (sub-
title C disposal) Includes Mass Haz Tax 735 Tons $550.00 $404,250.00
4
Crew & Equipment to Excavate & Load, T&D Non-Haz Soil
(Assumes disposal at Mass Landfill)650 Ton $70.00 $45,500.00
5 Demobilization 1 LS $3,500.00 $3,500.00
Total $475,095.00
Budgetary Estimate Brewster, MA
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1 Mobilization & Site Prep 1 LS $6,850.00 $6,850.00
2 Crew & Equipment to Screen out Bullets & Casing 1 LS $14,995.00 $14,995.00
3 Crew & Equipment to Treat TCLP Lead Soil 735 Tons $40.00 $29,400.00
4
Crew & Equipment to Excavate & Load, T&D of Treated Soil (sub-
title D disposal)735 Tons $175.00 $128,625.00
5
Crew & Equipment to Excavate & Load, T&D Non-Haz Soil
(Assumes disposal at Mass Landfill)650 Ton $70.00 $45,500.00
6 Demobilization 1 LS $3,500.00 $3,500.00
Total $228,870.00
Budgetary Estimate Brewster, MA
Page | 4
Vice President
AUTHORIZATION
If the proposal is understood and accepted, please initial each page, sign, and return to SES. By accepting
and signing the above-referenced Proposal, the Client hereby accepts and and all terms and conditions
set forth herein or attached hereto and herby authorizes SES to commence services described in this
proposal as defined herein and grants access, at reasonable times, to the described property. This
proposal is valid for a period of thirty (30) days. Facsimile and electronic signatures shall and will be
considered original signatures.
Name (print) _________________________ Signature _________________________
Title ________________________________ Date _____________________________
Attachments: SES Standard Terms & Conditions
Initials: SES _____ Client _____
Connecticut Office
27 Kreiger Lane, Unit 10
Glastonbury, CT 06033
860.266.2616
Corporate Headquarters
362 Putnam Hill Road
Sutton, MA 01590
508.757.7782
New Hampshire Office
119 Old Turnpike Rd.
Nottingham, NH 03290
603.421.6391
Web: www.strategic-es.com | Fax: 508.363.2346 | Email: info@strategic-es.com
Standard Terms and Conditions Service Agreement
_____________________________________ _ with its principle place of business at ________________
__ ____ ___ _ (hereinafter “Customer”) hereby agrees to this contract with Strategic Environmental
Services, Inc. with its principal place of business at 362 Putnam Hill Road in Sutton, MA 01590, a Massachusetts
Corporation, (hereinafter "SES") for Environmental Services ("Agreement") dated as of
_____________________. (CUSTOMER) and SES are hereafter collectively referred to as
the "Parties.”
Section 1. Scope of Services. SES will conduct certain environmental Services (the “Services”), including any active
Services, for Customer in accordance with written Proposals, Quotations, and Additional Work Authorizations
signed by Customer. All Proposals, Quotations, and Additional Work Authorizations signed by Customer shall be
addenda to this Agreement and shall be subject to all of the Terms and Conditions hereof.
Section 2. Compensation. SES shall submit, at a minimum, monthly invoices to Customer for the work performed.
Each invoice shall contain a detailed description of work performed during the period covered by the invoice. Each
invoice shall be due and payable in full without retention within thirty (30) days of invoice date unless Customer
notifies SES of its objections within ten (10) days of receipt of the invoice, gives reasons for objecting, and pays that
portion of the invoice that is not in dispute within thirty (30) days of invoice date. All charges are portal to portal.
Terms are NET thirty (30) days from the date of the invoice. A 1.5% finance charge per month will be applied to
past-due invoices compounded monthly, beginning thirty (30) days after the date due until full payment of the past
due amount is received. If Customer fails to perform its payment obligations in accordance with this Agreement;
SES shall have the right to recover any and all reasonable attorney ’s fees for the collection of past-due invoices or
for enforcement of any of the provisions of this agreement. SES reserves the right to terminate this Agreement
upon seven (7) days written notice to Customer and seek remedies available to SES under applicable law or equity.
SES reserves the right to adjust charges such as fuel, transportation, disposal, labor, etc. based on market
conditions. Any cancellations by Customer within twenty-four (24) hours of the scheduled service will entitle SES to
charge a reasonable cancellation fee.
Section 3. Warranty. Subject to the paragraph below entitled "Standard of Care”, SES warrants that its work shall
be free from material defects for a period of ninety (90) days. In the event that any deficiencies in SES workmanship
are discovered within ninety (90) days after project completion, SES shall repeat defective work. SES reserves the
right to dispute such claim and to negotiate the cost of said repairs. SES also reserves the right to make adjustments
to the warranty on a case-by-case basis. SES will present the adjustments to the warranty, if so made, in the
Proposal or Additional Work Authorization.
Section 4. Site Access and Existing Conditions. Customer shall provide SES, its agents and subcontractors, with
access to the site(s). Customer shall provide to SES any and all records, surveys, and other documents and
information as necessary for SES to perform the Services hereunder, and SES shall be entitled to rely on any such
information without independent verification of the accuracy thereof, unless otherwise instructed or informed by
Customer. Customer certifies that information does accurately reflect current site conditions. Customer
acknowledges that unforeseen conditions may require SES, its agents, or subcontractors to perform additional
Services. Those Services may require additional compensation. SES will prepare an Additional Work Authorization to
reflect the impact to the cost for Customer approval. Customer understands and acknowledges that SES and its
subcontractors have played no part in the generation, creation, release or threatened release of a substance, waste,
compound or material, hazardous or non-hazardous which may exist at the site.
Customer Initials & Date _______________ SES Initials & Date ______________ 6 of 3
Proposal #: Pxx-0xxx
Section 5. Subcontractors. SES may subcontract the performance of all or any portion of the Services which are to
be rendered by SES hereunder to any person or entity which, in SES’s opinion, is reasonably qualified to perform the
particular portion of Services which SES will assign it. Any such subcontract shall not operate to relieve SES of its
responsibilities hereunder; provided, however, that SES shall not be liable for the negligent or willful acts or
omissions of any entity or person performing a part of the Services pursuant to a subcontract.
Section 6. Standard of Care. Customer recognizes that environmental, geologic and geotechnical conditions can
vary from those encountered at the times and locations where data are obtained by SES and that the limitation of
available data results in some level of uncertainty with respect to the interpretation of these conditions, despite
the use of standard professional care and skill. SES agrees to use that level of care and skill ordinarily exercised by
other professional environmental firms acting under similar circumstances in performing its Services hereunder.
Except for this standard of care and skill, no warranty, express or implied is made or intended by SES in providing the
Services hereunder, including the furnishing of oral or written reports of the findings made.
Section 7. Indemnification. SES shall defend, protect, indemnify and hold harmless Customer, its directors and
officers, from and against any and all claims, liabilities, demands, damages, losses, costs and expenses, including,
but not limited to, reasonable attorney’s fees and costs which are the direct and sole result of grossly negligent
acts, errors, or omissions of SES or the willful misconduct of SES; provided, however, SES’s liability shall be limited
in any event to a maximum amount of the contract value or one-hundred thousand dollars ($100,000), whichever
amount is smaller, and SES shall in no event be liable for special, consequential or punitive damages.
To the fullest extent allowable by law, Customer agrees that it shall defend, indemnify, save and hold SES, its agents,
directors, officers, employees, successors, and assigns (the “SES Parties”) harmless from any and all demands,
liabilities, losses, costs and claims, including attorneys’ fees asserted against any of the SES Parties, that may arise
or result from any Services provided or performed or agreed to be performed by SES, other than those matters
which are the direct and sole result of the grossly negligent acts or omissions or willful misconduct of the SES Parties.
Section 8. Acceptance of Risk. In compliance with the Hazard Communication Standard (“Right to Know”, 29 CFR
1910.1200), Customer shall provide SES with a list of hazardous chemicals in the workplace which employees may
be exposed to while performing this Agreement. In addition, Customer shall identify protective measures to be
followed in case exposure occurs.
Section 9. Force Majeure. Customer shall not hold SES responsible for damages or delays in performance caused
by Force Majeure or other events beyond the control of SES. For purposes of this Agreement, Force Majeure shall
include, but not necessarily be limited to adverse weather conditions, floods, epidemics , war, riot, strikes, lockouts
and other industrial disturbances; unknown site conditions, accidents, sabotage, fire, loss of permits, failure to
obtain permits, unavailability of labor, materials or Services; court orders; acts of God; act, orders, laws or regulations
of the Government of the United States or the several states, or any foreign county, or any governmental agency.
Should such acts or events occur, the parties to this Agreement shall mutually agree on the terms and conditions,
upon which the Services may be continued. Notwithstanding the foregoing, Force Majeure shall not be an excuse
for non-payment of compensation hereunder owed to SES.
Section 10. Entire Agreement. This Agreement, the Proposals, Quotations, and the Additional Work Authorizations
issued by SES and signed by Customer hereunder constitute the entire agreement of the parties and supersede any
and all prior or contemporaneous written or oral negotiations, correspondence, understandings and agreements
between the parties respecting the subject matter hereof.
Section 11. Severability. If any term or provision of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement shall in no way be affected,
impaired or invalidated, and to the extent permitted by law, shall be restricted in applicability or reformed to the
minimum extent required to be enforceable. This provision shall be interpreted and enforced to provide the original
written intent of the parties prior to the determination of such invalidity or unenforceability
Section 12. Term and Modification. This Agreement is for a period of one (1) year, and will automatically and
Customer Initials & Date _______________ SES Initials & Date ______________ 7 of 3
Proposal #: Pxx-0xxx
continuously renew for periods of one (1) year. If, in the opinion of the Customer, SES is performing any portion of
the work in an unsatisfactory manner, the Customer must notify SES in writing of the nature of the problem and a
reasonable remedy for the same. Upon notice by Customer, SES has thirty (30) days from receipt date of such notice
to provide a reasonable remedy to the problem. If SES fails to provide a reasonable remedy to the problem within
the thirty (30) day remedy period, Customer can cancel the contract by sending a termination notice to SES within
ten (10) days following the completed remedy period; provided, however, that in the event SES commence s such
remedy within such thirty (30) working day period and diligently prosecutes such remedy to completion, such thirty
(30) day period shall be extended for such time as is reasonably necessary to accomplish such remedy.
No supplement, Customer purchase order, modification or amendment to this Agreement, other than Proposals,
Quotations, and Additional Work Authorizations issued by SES and signed by Customer, shall be binding unless
executed in writing by both Parties.
Section 13. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and
their respective heirs, representatives, successors and assigns, as the case may be. Neither Customer nor SES shall
be entitled to assign any of its rights or obligations hereunder without the prior written consent of the non -
assigning party.
Section 14. Waste Conformance. Customer hereby certifies that the waste shall be in conformance with analytical
data or other specifications provided to SES prior to job execution. To the extent that the waste does not conform,
Customer shall indemnify and hold SES harmless from all liability and damages arising therefrom. Furthermore, SES
shall be released from all of its obligations under this Agreement. SES reserves the right to charge for waste that is
out of conformance. Containers shall be DOT acceptable and SES reserves the right to charge for the transfer and/or
repackaging of wastes into suitable DOT containers. All SES transactions shall be conducted within existing EPA,
DOT, DEP and ICC mandates and regulations.
Section 15. Non-circumvention/Non-solicitation. During the duration of the Services provided by SES to Customer
and for a period of one (1) year thereafter, Customer agrees not to hire, solic it, nor attempt to solicit the services
of any employee or subcontractor of SES without the prior written consent of SES. Violation of this provision shall,
in addition to other relief, entitle SES to assert damages against Customer, to which Customer here by agrees, equal
to one-hundred- fifty (150) percent of the solicited person’s annual compensation.
Section 16. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with,
the laws of the Commonwealth of Massachusetts.
The Authorized Representative of the Customer signing below hereby certifies that they have read and are in
agreement with all elements of this Agreement. IN WITNESS OF THE FOREGOING PROVISIONS, the Parties hereto
have duly executed this Agreement below.
Customer Strategic Environmental Services, Inc.
Company Name:
By:
Authorized Representative
Name:
By:
Name:
Title: Title:
Date: Date:
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Proposed American Rescue Act Funds Spending Plan
DATE: April 20, 2022
Following up on our earlier discussions regarding expenditure of Brewster’s American
Rescue Plan Act funds, we are proposing the following spending plan for the $1.023M
directly allocated to the Town in 2021:
$275k for one-time premium pay for eligible public sector front-line employees
(see details in accompanying memo)
$150k for public health expenditures related to the pandemic, including partial
funding for new part-time public health nurse (FY23-24)
$150k for resident beach access at the Sea Camps Bay property (design,
permitting, construction, and operations)
$250k for site remediation at the Sea Camps based on Phase II report findings
$125k for Long Pond boat ramp
$25k for Crosby Property Revolving Fund revenue loss
$25k for partial funding of new seasonal Natural Resource positions (FY23-24)
These proposed expenditures total $1M. We will revisit the $20+k remaining balance
as these projects near completion. As a reminder, the US Treasury Final Rule issued in
January 2022 greatly expanded the allowable use of these funds to offset revenue
losses up to $10M for “any service traditionally provided by government”.
In addition, Barnstable County received $41.3M in ARPA funds. On a per capita basis,
Brewster’s share of those funds is $1.9M. Following their outreach campaign this
winter, the County appears poised to convey $10M to the Towns in the near future. We
expect to receive approximately $450k from this initial County disbursement. We are
proposing to allocate all of those funds for Phase I Drummer Boy Park improvements,
currently estimated to cost $750k. This work is being coordinated with the planned
Wing Island elevated boardwalk project and these funds will provide critical financial
support to help move this phase of the project forward on schedule in 2023. There is
no timetable for decisions regarding future allocation of the remaining balance. If
Brewster were to be awarded any supplemental funds through the County, we will
provide additional recommendations at that time.
Office of:
Select Board
Town Administrator
Dear Council Members and staff colleagues, (from Bethan Steiner at MCC)
As you know, Ch. 102 of the Acts of 2021, An Act relative to immediate COVID-19
recovery needs, appropriated $60.1M for Mass Cultural Council to develop and
administer one-time grant programs to aid Massachusetts artists and cultural
organizations with pandemic recovery. Mass Cultural Council has just published the
program guidelines and key dates for these two programs and disseminated them to
our stakeholders through the Power of Culture e-newsletter. Everything you need to
know about the programs is summarized in this blog
post: https://massculturalcouncil.org/blog/save-the-date-cultural-sector-recovery-
grant-applications-open-in-august/, but here are the key bits people might ask you
about:
Cultural Sector Recovery Grants for Individuals are unrestricted $5,000 grants to creatives and
gig workers to support recovery from the COVID-19 pandemic and set a path for growth. Key
dates for this program include:
Application opens: August 15, 2022
Information sessions: August 23 and October 6, 2022
Application deadline: November 1, 2022
Awards finalized; email notifications sent: Late January 2023
Contracts sent: February 2023
Here are the program guidelines: https://massculturalcouncil.org/artists-art/cultural-
sector-recovery-grants-for-individuals/
Cultural Sector Recovery Grants for Organizations offer unrestricted grants ranging from $5,000-
$75,000 to Massachusetts cultural organizations, collectives, and businesses negatively impacted
by the COVID-19 pandemic. Key dates for this program include:
Application opens: August 1, 2022
Information sessions: August 10 or August 11, 2022
Application deadline: September 23, 2022
Awards finalized; email notifications sent: Late January 2023
Contracts sent: February 2023
Here are the program guidelines: https://massculturalcouncil.org/organizations/cultural-
sector-recovery-grants-for-organizations/
Mass Cultural Council is now embarking on a staff-wide recruitment effort to introduce and
amplify this grant opportunity to as many potential applicants as possible. We certainly hope
the Council will help highlight this one-time grant opportunity with your cultural networks as well.
Developing these programs has truly been a team effort, with the support and participation of a
robust cross-program working group. Congratulations, everyone, for getting to this major
milestone less than 6 months after the Act was signed into law!!!!
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 04.19.2022 www.brewster-ma.gov Page 1 of 8
MINUTES OF THE BAY PROPERTY PLANNING COMMITTEE
DATE: April 19, 2022
TIME: 4:00 PM
PLACE: Remote Participation
REMOTE PARTICIPANTS: Selectperson Mary Chaffee, Selectperson Ned Chatelain, Amanda Bebrin, Pat
Hughes, Karl Fryzel, Peter Johnson, Clare O’Connor-Rice, John Phillips, Allyson Felix, Bill Meehan, Gary
Christen, Janet Stolzer, Maggie Spade-Aguilar, Richard Perry, Catie Fyfe, Kathleen Walker
Absent: Caroline McCarley, Thomas Wingard
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement:
Peter Lombardi called the meeting to order at 4:11pm and read the meeting participation and recording
statements. Mr. Lombardi announced all members of the Committee who were present, a quorum was
declared.
Introduction of Members, Liaisons, and Representatives:
Each member introduced themselves and gave a brief background of their experience; the makeup of the
Committee includes:
Select Board Representatives – Mary Chaffee, Ned Chatelain
Vision Planning Representative – Amanda Bebrin
Natural Resources Representative – Pat Hughes
At-Large Members - Karl Fryzel, Peter Johnson, Katie Miller-Jacobus, Clare Rice-O’Connor, John
Phillips
Committee Alternate – Allyson Felix
Finance Committee Liaison – Bill Meehan
Open Space Committee Liaison – Gary Christen
Council on Aging Liaison – Janet Stolzer
Affordable Housing Trust Liaison – Maggie Spade-Aguilar
Cultural Council Liaison – Richard Perry
Mass Audubon Representative – Catie Fyfe
Cape Cod YMCA Representative – Kathleen Walker
Brief Overview of Sea Camps Property Acquisition and Relevant Town Strategic Plans
Selectperson Chaffee reviewed the PowerPoint presentation regarding the acquisition history of the Sea
Camps property. Selectperson Chaffee started with the history of the parcels, which were originally part of
the Wampanoag Nation – by the time Brewster was incorporated in 1803, this was part of the Satucket
Lands. The land as we know it is made up of two parcels acquired by the Delahanty family. Selectperson
Chaffee reviewed a timeline of Select Board and Town Administrations actions in acquiring the properties,
including executive session meetings and public engagement activities. At the September 25, 2021, Special
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
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Town Meeting over 1,000 Brewster residents voted nearly unanimously to purchase the two Sea Camps
property. On November 29, 2021, the Town purchased the properties.
Review Committee Charge and Role Liaisons, Representatives and Town Staff
Peter Lombardi presented this agenda item. Mr. Lombardi reviewed the Bay Property Planning Committee
charge; the full charge is available in the packet.
a.Identify existing conditions of the former Cape Cod Sea Camps Pond property
b.Evaluate potential low-cost, short-term public access opportunities
c.Develop and propose interim public access plan
d.Develop and implement a public engagement strategy to ensure broad community input
e.Determine priority long-term uses appropriate for the Bay property, taking the adjacent
Spruce Hill property into consideration
f.Identify and evaluate potential partner organization with shared interests and values,
particularly MA Audubon and YMCA Cape Cod
g.Propose recommended long-term uses and partnerships
h.If recommended long-term uses include construction of a community center and/or Town
offices, evaluate alternative uses of Council on Aging site, Town Hall, and Eddy School as
appropriate
i.Develop an implementation plan for the proposed uses
Pat Hughes asked if there is a sense of time for the interim public access plan. Mr. Lombardi responded that
this process will take some time, though the Select Board had identified short-term access as a priority. Mr.
Lombardi added that he hopes the committee will develop a short-term access plan by Fall 2022.
Karl Fryzel asked if the recent work done to construct 50 parking spaces, adding access roads, knocking down
buildings and eliminating tennis courts, should be considered temporary or permanent. Mr. Lombardi
responded that this would be best discussed when the committee discusses property maintenance as part of
the short-term access plan, adding that the permitting process for the parking lot was not yet complete and
that the outcome was uncertain.
Mr. Lombardi presented a short summary of the participant roles on the committee – the planning
committee members, alternate committee members, liaisons, community organization representatives,
Town of Brewster staff. Mr. Lombardi asked if anyone had any questions about the roles – no questions were
asked.
Review Plans for Technical Assistance and Anticipated Project Timeline
Mr. Lombardi stated that the Town is currently working with Reed Hildebrand, they are charged with
creating a scope of work in order to go through the process of hiring a consultant to assist the committee.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
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The Town will plan to issue this in the next several weeks, before the next committee meeting in May – it will
be issued to select firms, and will be seeking bid proposals from these firms to assist in the planning process.
Mr. Lombardi added that the Pond property planning process would likely take less time than the Bay
property given current uses of both properties, as well as the partnerships in place for the Pond property.
The Town expects that Reed Hildebrand will be one of the firms under consideration for assisting the
committee with the planning process. The pre-work currently being carried out is to help the Town be clear
about the expectations for the consultants. The process for the Pond property will likely take 12 months, the
Bay will be closer to 18 months.
Mr. Lombardi noted that in order to fund this, at the last Town Meeting, funding was allocated in the
amount of $185K – $10k has already been paid to Reed Hildebrand, so there is $175K left. The Town plans to
submit a full application for community planning grant funds from the state for the One Stop program, which
will be another $75k. Mr. Lombardi added that the Town is still considered a “small and rural town”, and this
can make the application more competitive. The Town is also considering other grant funding opportunities
through the state for this planning work.
Mr. Lombardi stated that Annual Town Meeting is next month, and there is no further appropriation for this
purpose on that warrant – so, if the feedback from firms is that additional funding beyond the $175k is
required, then we will have to go back to Town Meeting in November. Once the first several meetings are
done, we are planning on meeting twice a month – 30-50 meetings over the course of a year and a half.
Mr. Lombardi asked if anyone had any questions. Maggie Spade-Aguilar asked if the community planning
grants were for both properties. Mr. Lombardi said that both the appropriation and the grant funding were
for both properties, and the consultant chosen will be developing plans for both properties in parallel.
Review Financing & Potential Partnerships
Mr. Lombardi stated that the financing for the Bay property was relatively straightforward. The Pond
property was purchased for $6M, Town Meeting in September appropriated $1.75M in Town funding, and an
additional $250k from Water Department reserve funds, bringing the total borrowing to $4M. BCT has
pledged $1.75M and MA Audubon has pledged $1.5M toward the acquisition of that property, leaving a
balance of $750K. Mr. Lombardi added that the Brewster Water Commission has pledged an additional
$100K over the next three years. For the $650K balance, we are bringing an article to Town Meeting to
appropriate some existing funds toward our other short-term debt obligations, to create capacity in next
year’s fiscal budget. This means we will be able to pay off the entire debt in the next 3 years. Adding that BCT
and MA Audubon’s fundraising campaigns are going well, and they are anticipating providing a significant
portion of their pledged amounts when the short-term note comes due this fall. We are in a very good
position in terms of financing the Pond property.
Clare O’Connor Rice asked if there are any stipulations from BCT and MA Audubon. Mr. Lombardi responded
that those pledges were conditioned on a conservation restriction being placed on a majority of the Pond
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
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property and that MA Audubon would be granted some rights to provide educational programming on the
site.
Mr. Lombardi explained that for the Bay property the cost was $20M financed through a debt exclusion – the
Select Board opted for a 30-year level debt term, which means that year over year those payments are
consistent. We secured a very good interest rate in the market before we went out to bid this fall. The
decision was made to do a taxable bond, so that options were not limited in terms of partnering with private
organizations. The debt is coming online with tax bills next September, the Year 1 payment has an additional
interest payment from this fiscal year – so it will be about $325k more than our annual payments going
forward. Mr. Lombardi explained that in terms of partnerships, MA Audubon expressed interest in the Bay
property similar to their interest in the Pond property – there is a standing pledge of $1M from MA Audubon
which we are very appreciative of. We will hopefully potentially be able to access these funds and thus
reduce our overall debt obligations. In terms of YMCA Cape Cod, we have had a number of discissions with
their leadership, and there is mutual interest in the early, conceptual stage, hence their attendance today.
Lastly, Mr. Lombardi added that the Town has spoken to a few private individuals who expressed interest in
making significant donations which combined to just under $1M to assist with the acquisition of the Bay
property. Over the coming months we will identify their interest and conditions of use of these funds and
how that aligns with what this committee and the community supports in terms of a long-term plan for the
property. In terms of financing for this property, the focus has been on debt exclusion.
Update on Property Maintenance and Short-Term Public Access Plans
Mr. Lombardi stated that Town Meeting approved $200k for operating expenses for the Sea Camps property
for this fiscal year and we have been drawing down on that since we acquired the properties in November.
Our operating expenses have come in line with what we projected. In the FY23 operating budget, we have
included just over $200K in the budget to cover those expenses.
Mr. Lombardi added that the Town posted for a full time Property Manager after acquiring the property, and
hired Ed Barber, who had worked as the Property Manager at the Sea Camps for 40 years. He has been a
great resource. DPW and Facilities Department can help to support Ed in his work – regular meetings have
taken place to discuss the management of these properties. For short-term public access plans, the Town
focused on beach access and access to the pool. For the pool, it became apparent that it was just too quick
of a turnaround to get something in place for this summer – there are Cape-wide staffing shortages for
lifeguards at the moment. The Town would have to create a separate revolving account to manage this. Mr.
Lombardi added that the Town decided to focus on beach access, and at this point, we have been granted a
request for determination of applicability through the Conservation Commission to take down 3 structures
that were adjacent to the coastal dune. Those structures were taken down last week. We are also under
contract with Coastal Engineering to develop a site plan and project – we submitted a NOI to the
Conservation Commission and are hopeful to secure that permitting. At the earliest, the Town would be
prepared to do the proposed work (to install parking on the tennis courts) as early as the second week of
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 04.19.2022 www.brewster-ma.gov Page 5 of 8
May. We are prepared to do some of the work in house, and contract out some of it – we are looking at just
over 50 spaces. Mr. Lombardi noted that the Town has to comply with bylaws, such as stormwater
management, so there is considerable work that has gone into this process. If permitting is secured, we hope
to have the work complete by July 1. The Town plans on opening the Bay beach for July 1, for the months of
July and August – the plan is for it to be resident-only at least for this summer. It will be open 7 days a week,
8am to 8pm. We will be counting cars coming in so we can manage parking and concentrate the use of the
property down adjacent to the beach. One of the significant expenses for the Town is additional liability
insurance, 50k this year, probably 60k next – this is part of the reason why we are structuring the short-term
beach access plan the way we are.
Mr. Lombardi stated that the Town is also planning on having at least 4 one-day events for residents to
access the property. There will be 2 movies nights – 1 in July, 1 in August. The Brewster Band has also agreed
to do a concert on the lawn in August, and there will also be a “touch a truck” event at the end of August.
Mr. Lombardi said that he would be happy to take any questions.
Karl Fryzel noted that the property has 7 tennis courts, and asked how many will be left after the parking
plan is implemented. Mr. Lombardi said he thinks there are 9 courts – 5 to be repurposed for parking, 2
adjacent to those. NOI for the parking also includes removing half a tennis court with a backboard. There are
also 2 courts that are up top adjacent to the swimming pool, and a full-size basketball court. In terms of
recreational amenities, we expect to have lots of conversations about these courts, and lots of residents to
express a desire for pickleball courts. Mr. Lombardi noted a problem with the 2 courts near the pool – the
nearby swimming pool is an Olympic sized pool, but there is no parking at the pool. In order to open up the
pool, parking has to be determined. There is interest in opening up the pool next summer and parking will be
central to that. Mr. Lombardi added that there would have to be significant capital investment to make the
courts near the beach usable.
Gary Christen asked if the Town will issue a different sticker to cover resident parking. Mr. Lombardi
answered that the regular resident beach parking passes will be checked at the gate on the way in. The Town
is not issuing stickers for short term beach parking access, it will be done online – only Brewster residents
can receive the sticker, simplifying matters.
Pat Hughes asked if, in the context of the school consolidation discussions, when the committee will engage
with the Town about complimenting the activities at the Sea Camps with what might take place at the Eddy
School building. Mr. Lombardi responded that the school have just had initial conversations about next steps,
and there is no timeline yet. But the notion of a community center would connect back to those discussions
– the focus of the committee is the uses of this property and how that fits into the bigger picture. Katie
Miller added that the school consolidation study was begun before the Sea Camps project came onto the
radar, and they have no timeline at this stage. Amanda Bebrin noted that VPC was involved in tying some of
these things together, and she was happy to help with that, particularly in the context of the Local
Comprehensive Plan.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 04.19.2022 www.brewster-ma.gov Page 6 of 8
Ms. Spade-Aguilar asked if bike racks will be in place this summer, and how bike users and pedestrians
accessing the beach could prove their residency. Mr. Lombardi responded that the Town will allow resident
access for bike users and pedestrians, and we are discussing ways of verifying residency for people accessing
the property in these ways. We have also been working through the Millstone Road improvement project for
the last couple of years, and the Select Board is scheduled to talk about next steps for that project at their
meeting next Monday. We will have a sense of what bike and pedestrian access will look like very soon.
Mr. Lombardi added that the Town has had extensive conversations with the Department of Conservation
and Recreation about providing bike access from the Rail Trail down to Linnell Landing. This project has been
designed at the conceptual level, but we haven’t yet identified funding. But the state has continued to
express support and interest in the project. This extension, if it goes ahead, could also lead to the possibility
of creating a multiuse path from Linnell Landing to the Sea Camps property.
Mr. Fryzel asked if the stickers will be used to verify whether someone is a resident. Mr. Lombardi confirmed
that this would be the case.
Open Meeting Law Reminder
Mr. Lombardi stated that the AG’s Open Meeting Law was included in the packet. It is important to remind
people of what the state considerations are, and that people are sensitive to this law.
Selectperson Chaffee added that an Open Meeting Law violation would occur if a majority of the committee
met in one place at the same time and discussed an issue either on the agenda or expected to come up on a
future agenda. It is not permitted for the committee to have a private conversation about a public decision.
Serial discussions between committee members would also count as a violation of the Open Meeting Law.
Mr. Lombardi added that committee members should not “reply all” to emails offering personal opinions on
a particular issue. This rule also applies to texts and personal email accounts.
Discuss Upcoming Meeting Schedule & Format
Mr. Lombardi stated that the committee discussed meeting on the 1st and 3rd Tuesdays of the month at 4pm,
and this seems to be a time that works for everyone. For the next couple of months, we’re looking at just
meeting once a month. Having the consulting team on board will be critical to our work. Both of the
committees will have separate site visits to both properties next month. Mr. Lombardi added that the
standing time for this will be Tuesday May 17 at 4pm, and committee members should let us know if this
does not work. This will be a more extensive tour than what was offered to the public back in September.
The committee will meet again in June and at that point the Town expects to have more clarity from the
state as to whether or not the remote participation rule will change. In July we expect to transition to
meeting a couple of times a month.
Pat Hughes asked if there will be an option of allowing people to attend over Zoom during the summer. Mr.
Lombardi responded that the standard remote participation provisions allow for a minority of the board and
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 04.19.2022 www.brewster-ma.gov Page 7 of 8
committee members to participate remotely, but that the Chair must be physically present. Even if the state
were to default back to earlier requirements, the Town has both the ability and technology for people to
attend the meetings remotely.
Discuss Future Meeting Agenda Items
Mr. Lombardi noted that he does not intend to Chair these meetings in future. In June there will be an
election of officers on the agenda for the committee’s consideration. Any other agenda items should be sent
to Mr. Lombardi and they can be added to the agenda.
Mr. Fryzel asked if it is the intention that this committee will not be involved with the selection of
consultants. Mr. Lombardi replied that there will be some involvement – the selection process has not been
clearly defined. There are state procurement processes the Town has to follow, but there are exemptions to
these requirements. There will be some involvement of committee, but not a full committee process to
interview the firms. Mr. Lombardi added that the process will not be too far along for the committee to give
input at the June meeting, and if something comes up at that’s time sensitive, we’ll share it out at our site
visits.
Selectperson Chaffee asked if Mr. Lombardi could discuss the naming of the beach. Mr. Lombardi explained
that a beach naming contest was launched, and the Town received over 550 submissions from Brewster
residents. He anticipates that the Select Board will discuss a shortlist at their May 9 meeting, and then we
will see from there what the process is. The naming process should be completed in time for the summer
with the planned opening of that beach.
Matters Not Reasonably Anticipated by the Chair:
None
Next Meetings:
May 17, 2022 (Site Visit), 4pm
Adjournment
Selectperson Chaffee moved to adjourn at 6:08pm. Selectperson Chatelain second. A roll call vote was taken.
John Phillips – yes, Clare O’Connor Rice – yes, Peter Johnson – yes, Karl Fryzel – yes, Pat Hughes – yes,
Amanda Bebrin – yes, Selectperson Chatelain – yes, Selectperson Chaffee – yes.
Respectfully submitted by Conor Kenny, Project Manager
Approved: __________________ Signed: _________________________________________
Date
Accompanying Documents in Packet: Agenda, Committee Member List and Participant Roles, Overview of Brewster’s Acquisition of the
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 04.19.2022 www.brewster-ma.gov Page 8 of 8
Former Cape Cod Sea Camps, Sea Camps Planning Committee Charges, Cape Cod Sea Camps Acquisition Plan Alignment, Cape Cod Sea
Camps Public Forum Slides, Review of Reed Hilderbrand Documents, Community Planning Grant Information, Sea Camps Property
Manager Documents, Memorandum on Short-term Public Access, Coastal Engineering Scope, RDA Removal of Boat House and Gazebo,
NOI Filing Package, Sea Camps Parking Site Plan, Stormwater Report – Sea Camps Parking, Open Meeting Law Guide and Educational
Materials
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 04.19.2022 www.brewster-ma.gov Page 1 of 1
MINUTES OF THE BAY PROPERTY PLANNING COMMITTEE MEETING
DATE: May 10, 2022
TIME: 4:00 PM
PLACE: Former Cape Cod Sea Camps (Bay Property, 3057 Main Street, and Pond Property, 500 W.H. Besse
Cartway)
PARTICIPANTS: Members Amanda Bebrin, Mary Chaffee, Ned Chatelain, Karl Fryzel, Patricia Hughes, Katie
Miller Jacobus, Peter Johnson, Caroline McCarley, Clare O’Connor-Rice, John Phillips and Thomas Wingard;
Committee Alternate Allyson Felix; Liaisons/Representatives Gary Christen, Catherine Fyfe, Debra Johnson,
William Meehan, Richard Perry, Maggie Spade, and Kathleen Walker; Property Manager Ed Barber. Absent:
Town Administrator Peter Lombardi, Liaison Janet Stolzer.
Call to Order, Declaration of a Quorum:
Acting Chair Mary Chaffee called the meeting to order at 4pm outside the former Cape Cod Sea Camps
Administration building at 3057 Main Street, Brewster. A quorum was declared with all 11 members of the
committee present.
Public Announcement and Comment: None
Site Visits:
Acting Chair Chaffee led a site visit around the former Cape Cod Sea Camps Bay Property including brief stops
at the Administration Building, the health office, dining hall, a camper cabin, boat house, tennis courts,
beach access points, pond, swimming pool, Westcott building, arts center and former carriage house.
Property Manager Ed Barber provided information on historical uses of certain buildings and areas when the
property was used as a residential and day camp. Property boundaries were identified including the
boundary with the Town’s Spruce Hill Conservation property. Participants proceeded via their personal
vehicles to the former Cape Cod Sea Camps Pond Property at 500 W.H. Besse Cartway. Participants viewed
the Long Pond waterfront at two locations and equipment storage sheds. Property Manager Ed Barber
identified the property boundaries and discussed how the property was used by the Cape Cod Sea Camps for
aquatics and sailing related camp activities.
Future Meeting Agenda Items:
Members were invited to forward potential topics to Town Administrator Peter Lombardi.
Matters Not Reasonably Anticipated by the Chair: None
Respectfully submitted by Mary Chaffee, Acting Chair
Approved: __________________ Signed: _________________________________________
Date