HomeMy Public PortalAbout2022 09 13 Public Meeting Packet
August 24th, 2022
Brewster Conservation Commission
Attn: Noelle Aguiar, Conservation Administrator
Town of Brewster
1657 Main Street
Brewster, MA 02631
Re: Restoration Plan Narrative
Project Location: 127 Hillbourne Terrace, Brewster, MA 02631
Dear Ms. Aguiar and Brewster Conservation Commissioners,
Crawford Land Management (CLM) respectfully submits the attached Restoration Plan for the
project at 127 Hillbourne Terrace in Brewster, which faces Cape Cod Bay near Crosby Landing
Beach. This Restoration Plan has been completed in order to restore a portion of the
naturalized area on the property which has received ongoing pruning. The pruning work was
done by the homeowner to maintain a view of the adjacent marsh and ocean. The proposed
Restoration Plan addresses how the naturalized area will be restored and outlines a proposed
view corridor for continued pruning work which maintains the vegetation in a healthy,
sustainable manner.
CLM completed several site visits of the property during the Spring of 2022 to gather an
inventory of the existing vegetation, specifically the vegetation which has been pruned. Much
of the vegetation that has been pruned is small seedling or sapling specimens, all of which are
under 8” DBH. The majority of the pruning work is landward of the bordering vegetated
wetland and top of coastal bank, within the 0-50’ buffer zone.
A proposed view corridor is shown on the Restoration Plan which extends from an existing
mature pitch pine and oak on the west side of the property to an existing cedar on the east
side of the property (see image below) in an area where vegetation is already currently being
pruned. The proposed view corridor is less expansive than the one which is currently being
maintained.
The general restoration strategy is different within the view corridor versus outside of the view
corridor. Within the view corridor, any specimens that are deemed likely to respond favorably
to training for lateral growth will be pruned in perpetuity according to the pruning heights
diagram provided on the Restoration Plan. Specimens that are not likely to respond favorably
to training for lateral growth will instead be flush cut, treated, and replaced with large native
shrubs. Outside the view corridor, any specimens that are suitable for regenerative pruning
will be pruned appropriately, and those that are not will instead be flush cut and managed as
stump sprouts to a single-leader tree left to grow to maturity. This strategy preserves as many
existing specimens as possible and replaces those whose health is not likely to sustain with
large native shrubs that will enhance understory stratification and provide valuable wildlife
habitat to migrating bird populations.
A licensed arborist will be on site to assess each specimen and direct the proper course of
action for each on an individual basis. A table record which outlines each management
technique and the number of specimens receiving such management technique will be kept
and the management record will be submitted to the Conservation Administrator with the first
monitoring report.
Shrubs shown on the plan are estimated, and exact quantities may vary based on the
management record kept. The number of shrubs will be updated accordingly, and the
Administrator consulted. The general planting strategy should remain the same however, as
shorter vegetation has been located closer to the dwelling where the elevation is higher to
maintain the intent of the view corridor.
Overall, this restoration strategy intends to preserve a healthy, sustainable view corridor while
preserving as much existing vegetation as possible. Ongoing pruning work will be completed
using proper pruning techniques to preserve the long-term health of vegetation. We hope you
see the value of the proposed restoration work and find this strategy acceptable to remedy
the prior pruning regimen. If you should have any questions, please do not hesitate to contact
me at jen@crawfordlm.com or (508) 477-1346.
Respectfully,
Jennifer Crawford, PLA, ASLA
PRESIDENT, CRAWFORD LAND MANAGEMENT
Extent of proposed view corridor.
Existing condition of proposed restoration area.
EXISTING
DWELLING
LAWN
50' TOB BUFFER
TOP OF C
O
A
S
T
A
L
B
A
N
K
FLOOD ZONE AE (EL 13)
FLOOD ZONE X
FLOOD ZON
E
V
E
(
E
L
1
6
)
FLOOD ZON
E
X
VI
E
W
C
O
R
R
I
D
O
R
VIE
W
C
O
R
R
I
D
O
R
DECK
25
10
4" PR. OAK
4" PR. OAK
4" PR. OAK
5" PR. OAK
4" PR. OAK
MULTI-STEM
6" PR. OAK
8" MULTI-STEM
PR. OAK
4" SERVICEBERRY
4" SERVICEBERRY
14" PR. OAK
8" PR. CHERRY
MULTI-STEM
5" PR. OAK
EDGE OF LAWN
EDGE OF LAWN
15
EXISTING
NATURALIZED
AREA
PRUNING
ZONE 2
PRUNING
ZONE 4
PRUNING
ZONE 3
BORDERING VEGETATED WETLAND
EXISTING
NATURALIZED
AREA
25
2
5
20
15
10
15
PRUNING
ZONE 1
TRANSPLANTED
2" PITCH PINE
TRANSPLANTED
CEDAR SEEDLING
FORSYTHIA
CEDAR SEEDLING
TO TRANSPLANT
OUT OF VIEW
CORRIDOR
7 SWEET FERN
4 SWEET FERN
4 VIRGINIA
ROSE
7 VIBURNUM
3 VIBURNUM
5 BEACH PLUM
8 BEACH PLUM
7 WINTERBERRY
5 CHOKEBERRY
EXISTING EDGE
OF VEGETATION
EXISTING EDGE
OF VEGETATION
2" PITCH PINE
TO TRANSPLANT
OUT OF VIEW
CORRIDOR
6 WINTERBERRY
EX. AREA OF NATIVE
GRASSES UNDERLAIN
BY LANDSCAPE
FABRIC TO REMAIN
PRUNE 7-10'PRUNE 10-12'PRUNE 12-18'NO PRUNING
BO
R
D
E
R
I
N
G
V
E
G
E
T
A
T
E
D
W
E
T
L
A
N
D
TO
P
O
F
C
O
A
S
T
A
L
B
A
N
K
VIEW SHED
PRUNING
ZONE 1
PRUNING
ZONE 2
PRUNING
ZONE 3
PRUNING
ZONE 4
SCALE:
DATE:
NO
:
DA
T
E
:
RE
V
I
S
I
O
N
:
BY
:
All rights reserved. The drawings, designs, and
ideas embodied therein are property of CLM
and shall not be copied, reproduced, or
disclosed in connection with any work other
than the project for which they have been
prepared, in whole or part, without prior
written authorization of CLM.
88 Route 6A, Suite 2B | Sandwich, MA 02563
www.crawfordlm.com | 508.477.1346
BR
E
W
S
T
E
R
,
M
A
0
2
6
3
1
12
7
H
I
L
L
B
O
U
R
N
E
T
E
R
R
A
C
E
ST
A
M
R
E
S
I
D
E
N
C
E
08/24/22
1/8" = 1'-0"
1 of 1
RESTORATION
PLAN
PRUNING HEIGHTS DIAGRAM
RESTORATION PLAN
PLANT SCHEDULE
SCIENTIFIC NAME COMMON NAME QTY.SIZE
WOODY SHRUBS
Aronia melanocarpa Black chokeberry 5 #3-#5
Comptonia peregrina Sweet fern 11 #3
Ilex verticillata Winterberry 13 #3-#5
Prunus maritima Beach plum 13 #3-#5
Rosa virginiana Virginia rose 4 #3
Viburnum dentatum Arrowwood viburnum 10 #3-#5
*CLM WILL NOT PROVIDE OVERSIGHT OR
CERTIFICATION FOR ANY WORK COMPLETED BY
OTHERS, NOR DOES CLM TAKE ANY RESPONSIBILITY
FOR WORK COMPLETED BY OTHERS.
N
8 4 0 8 24
8 4 0 8 24
VEGETATION MANAGEMENT:
·Any invasive, non-native or aggressive vegetation
that interferes with restoration activities will be
removed and treated using an appropriate
herbicide (Glyphosate-based or Triclopyr-based)
using a cut and wipe method.
·Vegetation for removal is to be flush cut leaving the
roots in place to maintain soil stability.
·Seed any exposed soils resulting from vegetation
removal with the Restoration Seed Mix to establish a
native vegetative groundcover.
MAINTENANCE (3 SEASONS MIN.):
·For any necessary work that needs to be completed
during bird nesting season, a bird monitor report will
be completed and submitted to the Agent for
approval prior to work taking place for the nesting
season.
·Monitor restoration area and perform maintenance
cut and wipe treatments or hand weed invasive,
non-native, aggressive species that have
germinated from existing seed bank, or re-sprouted
from roots after removal. Site will be monitored and
maintained throughout the year for both cool
season and warm season invasive, non-native, and
aggressive species.
RESTORATION PLANTING:
·Plantings to be installed after any removal work has
been completed.
ANNUAL VISTA PRUNING:
·Refer to the Pruning Heights Diagram for
appropriate heights.
·Absolutely no topping of trees. All pruning work shall
adhere to ANSI A300 Pruning Standards.
·All pruning work will be completed or overseen by a
MA certified arborist.
·Pruning work will only be completed during
dormancy (Nov-April).
ONGOING MAINTENANCE:
·Property will remain under active management to
eradicate invasive and aggressive species through
hand weeding and/or cut and wipe herbicide
treatments as necessary.
·Regenerative pruning for lateral growth within the
view corridor will be ongoing.
·Regenerative pruning and stump sprout
management outside the view corridor will be
ongoing as necessary until trees demonstrate an
acceptable form for sustained health.
APPLICATOR & OVERSIGHT NOTES:
·Herbicide application will only be completed by
Massachusetts state-licensed and insured pesticide
applicators knowledgeable with invasive,
non-native, and native plant identification, both
in-leaf and bare-twig.
·All restoration work is overseen by a Certified
Ecological Restoration Practitioner (CERP).
·Field verification of any specimens for removal will
be completed by a MA certified arborist.
·All pruning work will be overseen by a MA certified
arborist.
ANNUAL MONITORING REPORTS:
Submit annual monitoring reports each year for three
years to the Conservation Commission. Annual
monitoring reports should include:
1.Representative project area photographs
2.Project activities completed to-date
3.Anticipated activities to be completed during the
next year
4.Assessment of invasive species management
progress
5.Assessment of restoration planting establishment
6.Recommendations for any changes in land
management techniques necessary to ensure the
success of the project
7.Any unexpected or arbitrary changes to the project
area
RESTORATION AREA WITHIN VIEW CORRIDOR
RESTORATION AREA OUTSIDE VIEW CORRIDOR
·All pruned or topped specimens are to
be assessed by a MA certified arborist.
·Specimens that do not have the
structural framework to be trained for
lateral growth will be flush cut and
treated and replaced with native
shrubs appropriate to the correct
height zone.
·Any pruned or topped specimens to
remain are to be regeneratively
pruned and/or pruned for lateral
growth to maintain the appropriate
height for the pruning zone in which it
is located.
·All pruned or topped specimens are to
be assessed by a MA certified arborist.
·Specimens that are suitable for
continued growth will be regeneratively
pruned to encourage long-term health.
·Specimens that are not likely to respond
well to regenerative pruning will be flush
cut and managed as stump sprouts to a
single-leader tree left to grow to maturity.
EXISTING TREE TO BE TRANSPLANTED
*Based on field observations,
approximately 28 pruned or
topped seedling/sapling
specimens within the view
corridor will need to be removed.
Specimens for removal will be
verified in the field by a MA
certified arborist. Removed
specimens will be replaced at a
2:1 ratio with native shrubs.
RESTORATION NOTES:
DOWN CAPE ENGINEERING, INC.
939 ROUTE 6A, SUITE C
YARMOUTH PORT, MA 02675
SURVEYOR/ENGINEER:
Restoration Seed Mix: Harmony Seed Mix
from Colonial Seed w/ Little Bluestem
(Schizachyrium scoparium) added
1
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
February 2, 2021
Mr. Peter Day
53 Byfield Cartway
Brewster, MA 02631
RE: Landward Limit of Coastal Dune Delineation at 53 Byfield Cartway, Brewster, MA.
Dear Mr. Day:
The following is a ‘Landward Limit of Coastal Dune Delineation Report’ for your 53 Byfield
Cartway, Brewster, property.
Background Issue
Most activities proposed on or within 100’ of a ‘coastal landform’ in Massachusetts are regulated
by the MA Wetlands Protection Regulations that are implemented by the MA Department of
Environmental Protection and local Conservation Commissions, such as the Brewster
Conservation Commission. ‘Performance Standards’ described in each regulation must be met by
any activity proposed on or within 100’ of any coastal landform. The applicability of each
Performance Standard is governed by the ‘type’ of coastal landform, e.g., Coastal Dune or
Coastal Bank.
Thus, before filing for authorization for a proposed project on or within 100’ of any coastal
landform, the landform itself must be identified and the boundaries of the coastal resource area
delineated in the field in order for the regulatory agency to select the specific Performance
Standards that must be met.
As shown on the Figure 1 below, and based on upfront research and field observations, the 53
Byfield Cartway property is located between Coastal Dune and Coastal Bank sediments
(landforms defined in the MA Department of Environmental Protection and Brewster Wetlands
Protection Regulations).
2
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Figure 1: Ground photo of 53 Byfield Cartway, Brewster, showing it is flanked by two different
regulated coastal landforms
Based on further field observations and research, apparently the subject property contains ‘both’
Coastal Dune and Coastal Bank sediments. Thus, a technical field delineation of the interface
between Coastal Dune and Coastal Bank must be conducted and plotted in order to identify the
Wetland Protection Regulation ‘Performance Standards’ that will be required to be met to
receive authorization to conduct a proposed project.
Locus
Figures 2A & 2B below show the location of 53 Byfield Cartway, Brewster.
3
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Fig 2A: Locus 63 Byfield Cartway, Brewster
Fig 2B: Locus close-up of 53 Byfield Cartway, Brewster
4
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Figure 3 below is the Town of Brewster Assessor Map showing 53 Byfield Cartway. Note the
very narrow configuration of the property with apparent dune sands to the west and dense
vegetation to the east.
Fig 3: Town of Brewster Assessor Map for 53 Byfield Cartway, Brewster
Landward limit of Coastal Dune Delineation Process
Coastal Dunes are defined in the MA Department of Environmental Protection Wetland
Protection Regulations at 310 CMR 10.27(2) and Town of Brewster Wetland Protection
Regulations at C.172-9 S. 2.03(2) as: ‘Coastal Dune means any natural hill, mound or ridge of
sediment landward of a coastal beach deposited by wind action or storm overwash. Coastal dune
also means sediment deposited by artificial means and serving the purpose of storm damage
prevention or flood control’.
Windblown sands generally exhibit very fine and fine to medium well-sorted grain sizes; sub-
rounded to rounded in shape, and have a relatively consistent, primarily Quartz, mineral
composition.
Based on the definitions above, the landform must also exhibit the ‘form’ of a natural hill, mound
or ridge of sediment, and be located ‘landward of a coastal beach’. However, a Coastal Dune
can also exhibit varying sediment grain sizes with varying shape and mineral composition if the
sediments were deposited by storm ‘overwash’.
Thus, the general procedure in Massachusetts to determine the ‘landward limit of Coastal Dune’
is to conduct a series of shallow borings beginning in a seaward location where Coastal Dunes
are obvious and then working landward to identify the landward location of windblown sand
and/or storm overwash deposits.
5
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
53 Byfield Cartway: Research and Field Evaluation
The evaluation began with upfront research of a variety of available technical documents and
maps including, for example:
• Various historic aerial photographs;
• The published MA Department of Environmental Protection (DEP) ‘Wetlands Map’,
which displays the general boundaries of all protected/regulated wetland resource areas;
and,
• Current FEMA Flood Insurance rate Map; and,
• The plotted ‘approximate’ boundaries of the soil types at 53 Byfield Cartway and
adjacent areas as displayed on the Barnstable County Soil Maps published by USDA,
Natural Resources Conservation Service.
However, importantly, as stated on the DEP Wetlands Maps web site, ‘Wetlands and areas of
wetland change represented on these maps have been determined primarily through photo-
interpretation. They do not represent, and should not be used as, wetlands delineation under the
Wetlands Protection Act (M.G.L. c. 131, § 40) and the implementing regulations (310 CMR
10.00 et seq.).
Furthermore, the boundaries on the Barnstable County soil Maps are also stated as
‘approximate’.
Thus, prior to filing for authorization to conduct any proposed work in or within 100’ of a
protected/listed regulated wetland/coastal resource area with the local Conservation Commission
and DEP, a technical field delineation is always required.
The figures below show the field locations of the borings that were conducted on your 53
Byfield Cartway property to locate the location of the landward limit of windblown and/or storm
overwash sand/sediments.
Figure 4 below shows 4 borings dug and sediments analyzed to ultimately arrive at the
easternmost boring that is at the landward limit of windblown sediments, or, for practical
purposes accepted by the MA Department of Environmental Protection, the landward limit of <1
vertical foot of windblown sand. Note the dwelling in the background.
6
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Fig 4: Showing the Easternmost boring(s) determining the ‘landward limit of Coastal Dune’
Figure 5 below shows 2 borings seaward of the existing dwelling. The boring with the graduated
stadial rod shows the ‘landward limit of Coastal Dune’.
7
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Fig 5: showing 2 borings seaward of the existing dwelling, with the stadial rod in the bore hole
showing the ‘landward limit of Coastal Dune’
Figure 6 below shows 3 borings delineating the landward limit of Coastal Dune (note the
dwelling in the background).
8
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Fig 6: showing 3 borings delineating the landward limit of Coastal Dune (note the dwelling in
the background)
Figure 7 below shows the location where 3 borings were dug to locate the landward limit of
Coastal Dune. Note that one boring was dug/augured in the middle of the beach access sand path.
9
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Fig 7: showing the location where 3 borings were dug/augured
Figure 8 below shows windblown sand overlying glacial deposits (west of beach access sand
path).
10
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Fig 8: showing windblown sand overlying glacial deposits (west of beach access sand path)
Figure 9 below shows the approximate lot boundaries; the location of the borings identifying the
‘landward limit of Coastal Dune’ (Ds); and, the location of ‘other’ borings dug/augured to locate
the landward boundary of Coastal Dune (squares).
11
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Figure 9: showing the approximate lot boundaries, the location of the ‘landward limit of Coastal
Dune’ (Ds), and other borings augured for sediment analysis to delineate the landward boundary
of Coastal Dune (squares).
Figure 10 below shows the bore hole locations that delineate the ‘landward limit of Coastal
Dune’ on the subject lot (yellow pin placemarks).
12
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Fig 10: Placemarks showing the location of borings used to delineate the ‘landward limit of
Coastal Dune’ (Coastal Dune is seaward of placemarks)
The ‘placemarks’ are located on an October 5, 2018 Google aerial photograph based on GPS
coordinates taken in the field at every identifying bore hole. These GPS coordinates can be
doubled checked by a PE/licensed surveyor based on orange flags with ‘CAS’ (denoting placed
by Coastal Advisory Services) and the date (January 6, 2021) written on the flag and placed
beside each bore hole that identifies the landward limit of Coastal Dune. These coordinates will
be used to draw the boundary of each resource area on an engineering plan when any work is
proposed on the property within a resource area or within 100’ of any coastal resource area.
GPS Coordinates of Placemarks
Hole #1 Hole #2 Hole #3 Hole #4 Hole #6
41° 45 52.6 41° 45’ 52.4” 41° 45’ 52.5” 41° 45’ 52.3 4°1 45’ 52.0”
70° 06’ 4.0” 70° 06’ 4.3” 70° 6’ 4.1” 70° 6.0’ 4.5” 70° 6.0’ 4.8”
Due to windblown sands on the subject lot connected to the adjacent lot to the west an evaluation
of the landform to the west was analyzed and is shown on Figure 11 below.
13
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Fig 11 analysis of adjacent lot due to windblown sands on the subject lot connected to the
adjacent lot to the west
As can be seen on Figure 11 above, the ‘green dashed line’ shows the MassGIS published
DEP’s ‘landward limit of Coastal Dune’ delineation on the subject and adjacent lot to the west.
(Based on DEP’s web site, the aerial photo was taken between 2001 & 2012).
Note on Figure 11 above that due to human use of the lots over time, e.g., pedestrian foot paths
to the beach and a former ‘driveway’ connecting the subject lot to the adjacent town-owned
public parking lot to the west, windblown sand was facilitated to migrate further landward than
more than likely would have occurred otherwise due to stabilizing mature, dense maritime
vegetation that currently exists, as shown on the Google aerial photo as Figure 10 above.
14
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Figure 12 below shows the final ‘Landward Limit of Coastal Dune Delineation’ on the subject
and adjacent lot to the west based on research, visual observations, borings, sediment analysis,
topography and vegetation.
Fig 12 showing the final ‘Landward Limit of Coastal Dune Delineation’ on the subject and
adjacent lot to the west based on research, visual observations, borings, sediment analysis,
topography and vegetation.
Coordinates associated with Figure 12 above (from Google aerial photograph 10/5/2018):
X1 X2 X3 X4
41 45’ 50.87” 41 45’ 50.24” 41 45’ 50.8” 41 45’ 51.17”
70 06’ 4.86” 70 06’ 4.28” 70 06’ 4.34” 70 06’ 5.62”
Site Evaluation & Wetland Protection Regulations Compliance Considerations
Figure 11 below is a copy of Figure 11 from above that shows DEP’s ‘landward limit of Coastal
Dune’ delineation, along with annotations of the site’s landform evolution superimposed on the
published DEP Wetlands Map by MassGIS.
15
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Copy of Figure 11 from above that shows DEP’s ‘landward limit of Coastal Dune’ delineation,
along with annotations of the site’s landform evolution superimposed on the published DEP
Wetlands Map by MassGIS.
The DEP Wetlands Protection Regulations for Coastal Dunes state that: all Coastal Dunes are
‘likely’ (emphasis added) to be significant to the interests of ‘storm damage Prevention and flood
control, and the protection of wildlife habitat’. This presumption may be overcome only upon a
clear showing that a coastal dune does not play a role in storm damage prevention, flood control
(emphasis added) or the protection of wildlife habitat, and if the issuing authority makes a
written determination to that effect.
16
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
Brewster Wetlands Protection Regulations at s.2.03(1) states, ‘Land within 100 feet of a Coastal
Dune is likely to be significant to the protection and maintenance of coastal dunes and therefore
to the protection of the interest these resource areas serve to protect’
Figure 12 below is a cut-out of the latest FEMA Flood Insurance Rate Map for the subject lot
showing the ‘landward limit of the Coastal Floodplain’.
Figure 12: cut-out of the latest FEMA Flood Insurance Rate Map for the subject lot showing the
‘landward limit of the Coastal Floodplain’.
Comparing Figure 11 with Figure 12 above, the ‘landward limit of the Coastal Floodplain’ is
approximately 40’ seaward of the existing dwelling.
Thus, it is determined that the land landward of the plotted ‘landward limit of the Coastal
Floodplain’, as shown on the latest FEMA FIRM (Figure 12 above), is not significant to the
Wetland Protection Regulatory ‘interests’ of ‘storm damage prevention and flood control’
because that land is not within the coastal floodplain.
The majority of vegetation seaward of the existing dwelling is comprised of a mix of native and
invasive vegetation. Therefore, it ‘appears’ that the regulatory interest of the ‘protection of
Wildlife Habitat’ may be minimal.
Summary
This Report describes the methodology used to delineate the ‘landward limit of Coastal Dune’
based on the definition in the MA DEP and Brewster Wetland Protection Regulations. The
17
53 Byfield Cartway, Brewster
Coastal Dune Delineation: Report
Coastal Advisory Services 2-2-2021
analysis was conducted based on research, visual observations, borings, sediment analysis,
topography and vegetation.
In total 15 boring were conducted, sediments analyzed, with 6 of the borings used to delineate
the landward limit of Coastal Dune on the subject lot. The delineation is plotted on a Google
aerial photograph based on GPS coordinates taken in the field. In addition, orange flags with
CAS (denoting Coastal Advisory Services) and the date of the borings (January 6, 2021) are
written on the flags and placed beside each bore hole that delineates the landward limit of
Coastal Dune on the lot.
If you have any questions regarding this Report please feel free to contact me at any time.
Yours Truly,
Jim O’Connell
Jim O’Connell, Coastal Geologist/Certified Floodplain Manager
Coastal Advisory Services
cc: John O’Reilly, J.M. O’Reilly & Associates, Brewster, MA
Julie Kavanagh & Erinn Boon, Polhemus Savery DaSilva Architects Builders, East Harwich, MA
3
3
9
.
7
2
'
3
9
2
.
1
2
'
50' B
u
f
f
e
r
Zon
e
100
'
B
u
f
f
e
r
Zone
Rock Wall 50' Buff
e
r
Zone
100' Buf
f
e
r
Zone
Existing Split Rail Fence
Ed
g
e
o
f
C
l
e
a
r
i
n
g
Edge of
D
u
n
e
-
D
e
l
i
n
e
a
t
e
d
,
2
0
2
1
CB FND
Coastal Dune
ST
SAS
E
x
i
s
t
i
n
g
G
r
a
v
e
l
D
r
i
v
e
w
a
y
Existing Catch Basin
Storm Runoff Control
Existing Catch BasinStorm Runoff Control
C
a
p
e
C
o
d
L
a
w
n
E
d
g
e
o
f
D
u
n
e
-
D
e
l
i
n
e
a
t
e
d
2
0
2
1
C
O
A
S
T
A
L
A
D
V
I
S
O
R
Y
S
E
R
V
I
C
E
S
23
4
5
6
COASTA
L
A
D
V
I
S
O
R
Y
S
E
R
V
I
C
E
S
OS
18
1
8
1
8
18
18
20
20
2
0
20
22
22
22
22
24
26
26
28
3
0
30
38
36
36
34
34
32
32
30
30
28
26
26
24
28
Existing DeckTO BE REPLACED WITHPROPOSED ADDITION
Existing Leaching FacilityTO BE PROTECTED DURINGCONSTRUCTION
Existing 1,500 Gallon Septic TankTO BE PROTECTED DURING CONSTRUCTION
Existing Masonry Wall and Bluestone Paver WalkwayTO BE REMOVED AND RELOCATED
PROPOSED RELOCATED RETAINING WALL ANDBLUESTONE PAVER WALKWAY (DRY-LAID)
PROPOSED PORC
H
STEP
STEPS
PROPOSED DRIVEWAY EXPANSION
PROPOSED
ADDITION
Existing PorchTO BE REPLACED WITHPROPOSED ADDITION
Existing Retaining WallTO REMAIN
PROPOSED THREE(3) - 4'x4'x4' LEACHING GALLEYWITH 1 FOOT OF STONE AROUND.
TYPICAL LANDSCAPE
REMOVE AUTUMN OLIVE ANDTREE OF HEAVEN SAPLINGS
REMOVE AUTUMN OLIVE
WARM AND COOL SEASONMEADOW GRASS WITHWILDFLOWERS - 1490 SF
TYPICAL LANDSCAPE
Existing Retaining WallTO REMAIN
Existing Mature Red Cedar &Pitch Pine Trees
Natural Path to Beach
Exsting Dwelling
T.O.F. EL=31.8'
Porch
BLUEFLAX DESIGN LLC | HARWICH PORT, MA
774-408-7718 | www.blueflaxdesign.com
N
DATE REVISION INITIALS
00
SHEET
PLANTING PLAN
DAY RESIDENCE
53 BYFIELD CARTWAY
BREWSTER, MA
08/02/22
LOW GROW GRASS SEED MIX
Agrostis perennans / Blue Gama
Agrostis perennans / Autumn Bent Grass
Festuca ovina / Sheep Fescue
Festuca rubra / Red Fescue
Juncus tenuis / Path Rush
Schizchyrium scoparium / Little Bluestem Grass
Grass and Wildflower
Seed Mix Area
Project Area
Google Earth aerial image of 53 ByField Cartway, Brewster, MA.
PLAN NOTES
• Site plan provided by J.M. O’Reilly and Associates Inc.
• This plan proposes mitigation in the form of exiting lawn removal and installation of native grasses and
wildflowers to be maintained as meadow/pollinator habitat in an approximately 1490 square foot area
within the 100’ buffer zone. Six eastern redcedar trees and six northern bayberry will be planted along the
eastern property line, allowing for appropriate distance from the existing leach field components.
• Additionally, sparsely vegetated areas within the 50’ buffer (approximately 940 sf) will be enhanced with
the establishment of a native groundcover layer and installation of native shrubs appropriate to the site’s
conditions (i.e. appropriate back dune plant community).
• The entire project area will be planted with 8 native trees, 95 native shrubs, and 41 grasses.
• Invasive autumn olive (Elaeagnus umbellata) and tree of heaven (Ailanthus altissima)within or directly
adjacent to the proposed planting areas will be selectively cut and treated with an EPA-approved systemic
herbicide and removed from the site.
• Temporary irrigation will be required for the first two to three growing seasons while plants establish.
Once plants are established irrigation will be removed.
TREES CODE BOTANICAL / COMMON NAME CONT QTY
JUN EMS Juniperus virginiana / Eastern Redcedar 7/8` B&B 8
SHRUBS CODE BOTANICAL / COMMON NAME CONT QTY
COM PER Comptonia peregrina / Sweet Fern 1 gal 19
ILE GGI Ilex glabra / Inkberry Holly 5 gal 36
MOR NO2 Morella pensylvanica / Northern Bayberry 3 gal 16
PRU MAR Prunus maritima / Beach Plum 3 gal 10
ROS VIR Rosa virginiana / Virginia Rose 1 gal 10
VIB ARR Viburnum dentatum / Viburnum 3 gal 4
GRASSES CODE BOTANICAL / COMMON NAME CONT QTY
PAN VIR Panicum virgatum / Switch Grass 1 gal 41
PLANT SCHEDULE
Mitigation Planting Area
GRASS & WILDFLOWER SEED MIX
Agrostis perennans / Autumn Bentgrass
Asclepias tuberosa / Butterfly Milkweed
Echinacea purpurea / Purple Coneflower
Festuca ovina / Sheep Fescue
Festuca rubra / Red Fescue
Juncus tenuis / Path Rush
Rudbeckia hirta / Black-eyed Susan
Schizchyrium scoparium / Little Bluestem Grass
Low Grow Grass Seed
Mix Area
NOTE: If enclosures are not as noted, please contact us at (508) 255-6511
TRANSMITTAL
To:
Brewster Conservation Commission
Attn: Noelle Aguiar, Agent
1657 Main Street
Brewster, MA 02631
Date: 8/18/2022 Project No. C13697.02
Via: 1st Class Mail Pick up Delivery Fed Ex
Phone:
Fax:
Subject: Notice of Intent – Revised Plans & Narrative
Proposed Shorefront Protection
Sears Point Condominium Association
Sears Point Drive
Brewster, MA
Map 57 Parcel 3
DEP File No: SE 9-1932
No. of pages to follow:
Plans Copy of Letter Specifications Other
We are sending the following items:
Copies Date No. Description
10 REV 8/18/2022 Revised Project Narrative
10 REV 08/16/2022 C-101, C-102,
C-301
Coastal Engineering Co., Inc., Revised Plan Showing Proposed Shorefront
Protection
These are transmitted as checked below:
for approval for your use as requested for review & comment
Remarks:
Enclosed please find copies of the revised project narrative and revised plans for the above referenced
project.
If you have any questions, please contact our office.
cc: Mass. DEP/SERO – Wetlands
Sears Point Condominium Association
Donald K. Munroe, Project Manager
By: Carla Davis
D:\DOC\C13600\13697\13697.02\Permitting\NOI 2022-Shorefront Protection-Sears Pt\Rev Narrative & Plans 8-18-2022\Transmittal Template.doc
Sears Point Condominium Association - Sears Point Drive – Notice of Intent
C13697.02 A - 1
Project Narrative Addendum
August 18, 2022
1.0. Introduction
The subject property is located at 40 and 21 Wheeler Drive in Brewster. The property is bounded
by Cape Cod Bay to the North, to the east by a condominium neighborhood, and to the west by
Brewster Conservation Trust Lands. In 2017 a coir envelope and coastal bank restoration system
was permitted at the property. After an on-site review of the project with the Conservation agent
and Greg Berman, the applicant is proposing a revision to the project. The applicant is now applying
for a permit to add an additional sturdy sand drift fence between the toe of the existing coir
envelopes and the existing sturdy sand drift fence. The proposed sturdy sand drift fence would
run parallel to the existing sand drift fence and run to the western property line. In addition, the
applicant is seeking to be allowed to place grain size compatible beach nourishment from the
previous permitted beach nourishment but to be concentrated more to the west to protect the
property from end scour and reducing or eliminating any adverse impact on the abutting property.
Upon completion the contractor will restore the access to preconstruction contours and revegetate
the coastal bank.
The project goals are to slow the shoreline erosion and protect and stabilize the upper portion of
the coastal bank.
1.1. Updated Project Description
Sand Drift Fence:
The proposed project currently has 38± feet of coir envelope along the western portion of the toe
of the coastal bank with a sturdy sand drift fence seaward of the coir envelopes. The revised
proposed project would add a second sturdy sand drift fence in between the existing sand drift
fence and the of the coir envelopes. The proposed second sand drift fence would run parallel to
the existing drift fence to the property line to the west.
Construction Access:
Construction access to the site will be via the open grass area to the western side of the Wheeler
House on the property with access to the toe from traversing down the bank along the portion to
be reconstructed. This access has been used for past projects as well. The staging area for
materials and equipment will be in the applicant’s driveway, outside of the resource area.
1.2. Permit History
Unchanged from previous.
Sears Point Condominium Association - Sears Point Drive – Notice of Intent
C13697.02 A - 2
1.3. Performance Standards
State Wetlands Protection Act 310 CMR 10.00
10.04: Land Subject to Coastal Storm Flowage means land subject to any inundation caused by coastal
storms up to and including that caused by the 100-year storm, surge of record or storm of record,
whichever is greater
The Land Subject to Coastal Storm Flowage (LSCSF) does not have regulation performance
standards, though it is a protected resource area and therefore approval is needed to perform work
within the LSCSF. This project will not adversely affect LSCSF, it will improve its functionality.
10.27: Coastal Beaches means unconsolidated sediment subject to wave, tidal and coastal storm action
which forms the gently sloping shore of a body of salt water and includes tidal flats. Coastal beaches
extend from the mean low water line landward to the dune line, coastal bankline or the seaward edge of
existing human-made structures, when these structures replace one of the above lines, whichever is
closest to the ocean.
The proposed project is a revision to the previous application and essentially the performance
standards are similar. The project is now reduced in scope to a sturdy sand drift fence that will
act as a soft engineering solution, therefore, erosion would be able to continue for sediment to be
available to the coastal beach. For this reason, the proposed project will not change the size and
form of the coastal beach. The volume of the coastal beach would be augmented with sand
nourishment of a similar grain size to the natural sediment. The sand nourishment is to be placed
at the toe of the bank and graded to a slope matching the existing grades. The ability to respond
to wave action will continue similar to the current conditions. The distribution of sediment grain
size will remain unchanged as the material will be grain size compatible with the existing Coastal
Beach sediment. The water circulation will remain unchanged as there is no proposed change in
the shape of the beach. The water quality will be unaffected by the proposed project. All ground
components of the project are all-natural and/or biodegradable. There would be a temporary short-
term effect to the coastal beach during construction, but there is no anticipated adverse effect to
the coastal beach. The increase in volume of the coastal beach due to nourishment will not increase
erosion, it will provide sediment required for longshore transport through natural processes without
detrimental effects to the coastal bank. The proposed project will allow the coastal beach to
respond to wave action by decreasing the wave energy which help protect the toe of the coastal
bank. The proposed project does not include groins, jetties, solid piers, or other such solid fill
structures. The proposal includes a redistribution of previously approved beach nourishment to be
concentrated to the west to address end scour. The beach nourishment material will be clean
sediment of a grain size compatible with that on the existing Coastal Beach. The proposed project
is located along the Coastal Beach above the mean high-water elevation and is not located within
the tidal flats. Therefore, the proposed project will have no impacts to the tidal flats. According to
Mass Mapper GIS, the proposed project is not located within a NHESP designated area for specified
habitat sites of rare vertebrate or invertebrate species.
Sears Point Condominium Association - Sears Point Drive – Notice of Intent
C13697.02 A - 3
10.30: Coastal Banks means the seaward face or side of any elevated landform, other than a coastal
dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland.
No coastal engineering structures are proposed. The proposed sand drift fence is considered a
“soft” engineering solution. No new building is proposed. The proposed sand drift fence is designed
to allow waves to pass through but reduce wave energies of the smaller winter storms that do no
tovertop the fence. The fence has the ability to trap windblown sand typically in the milder summer
months and build the beach and dune at the toe of the bank. Upon completion of the project the
coastal bank will be revegetated to stabilize the upper portions of the coastal bank. According to
MA GIS programming, the proposed project is not located within a NHESP designated area for
specified habitat sites of rare vertebrate or invertebrate species.
1.3 Other Protected Resource Areas (Unchanged From original filing)
Other resource areas protected under regulations include FEMA and the Coastal Barrier Resource
System (CBRS), Natural Heritage Endangered Species Program (NHESP), Area of Critical
Environmental Concern (ACEC), Shellfish, and Outstanding Resource Waters (ORW). The proposed
project does not fall within ORW, CBRS, ACEC, NHESP, or shellfish habitat areas.
FEMA
The proposed project is located withing the FEMA VE (EL 15) zone as shown on Firm Panel
C25003C0414J.
Sears Point Condominium Association - Sears Point Drive – Notice of Intent
C13697.02 A - 4
NHESP
MassMapper Delineated NHESP Priority and Estimated Habitat Areas
The proposed project is not within a designated NHESP area.
1.4 Alternative Analysis (Added Alternative 4A)
Alternative 1: Do Nothing
Due to the increase in frequency and intensity of storm events, if nothing were done, the beach
would continue to erode at an expeditious rate further de-stabilizing the Coastal Bank. This de-
stabilization would cause damaged vegetation and other debris to enter the waterbody and resource
areas including the coastal bank, coastal beach, land subject to coastal storm flowage, land under
the ocean and land containing shellfish. If continued erosion is allowed to take place the coastal
bank and vegetation would be at risk of collapse and could enter the waterbody and negatively
affect the resource areas at down shore locations.
Alternative 2 – Beach Nourishment
Beach nourishment could be placed near the toe of the existing coastal bank. The nourishment
would be compatible with the existing sediment that exists at the Coastal Beach. The nourishment
would be constructed as a sacrificial berm. However, the beach nourishment would continue to
erode in the same manner as is currently happening at the project location. Once the beach
nourishment is eroded from the area, the incoming waves would eventually impact the coastal bank
causing further coastal bank erosion, and loss of vegetation similar to alternative 1.
Sears Point Condominium Association - Sears Point Drive – Notice of Intent
C13697.02 A - 5
Alternative 3 – Coir Envelopes
A coir envelope array could be installed at the site similar to the adjacent array of coir envelopes.
The coir envelopes would be anchored to the toe of the bank and be covered with coastal bank
nourishment and planted with native species. The array would hold the toe of the coastal bank slope
while the native vegetation establishes a dense root system to help protect from further erosion.
The coir envelopes provide protection at the toe of the bank but do not address the depletion of
sediment from the beach. This is not the preferred alternative at this time due to the potential
impact to the abutting property that does not have any proposed bank restoration or stabilization
proposed.
Alternative 4 – Coir Envelopes, Beach and Bank Nourishment and Native Plantings
As in Alternative 3, the coir envelope array would be installed on the coastal bank similar to the
adjacent coir envelope array. The coir envelope array would be anchored and covered with bank
compatible material and planted with native plant species. The coir envelope array would stabilize
the toe of the coastal bank to allow for the proposed native plantings to establish dense root
systems to help protect the coastal bank from further episodic erosion. The beach nourishment
would allow for waves to break more seaward than the current conditions adding an additional
element of protection so the coastal bank planting can establish dense root systems. This will
stabilize the top of the bank and decrease the risk of failure which would cause the scarped area to
enter the waterbody. This is not the proposed project based on potential adverse impact to the
abutting property.
Alternative 5 – Sturdy Sand Drift Fence with Beach Nourishment
Alternative 5 includes adding a second row of sturdy drift fence and placing beach nourishment
within the drift fence area as well as Coastal Bank nourishment and vegetation. A second sturdy
sand drift fence placed as shown on the revised plan will give added protection to the existing coir
envelopes as well as trap additional windblown sand in an effort to build up the beach elevation and
potentially create a dune at the toe of the Coastal Bank, adding protection to the Coastal Bank.
Alternative 5 is the revised proposed alternative based on the potential reduction in adverse impact
to the abutting property.
1.5 Construction Protocol
Prior to start of construction:
Prior to the start of any work there will be an on-site meeting to review the order of conditions and
to satisfy the Conservation Agent that the work will be done as specified. The construction start
date to occur upon completion of all pre-construction requirements outlined in the specifications
and Order of Conditions, as well as any pre-construction requirements outlined during the pre-
construction meeting.
Sears Point Condominium Association - Sears Point Drive – Notice of Intent
C13697.02 A - 6
On-site meeting:
Prior to start of construction a meeting will occur to discuss access and means of construction with
the following individuals represented:
Construction Contractor
Coastal Engineering Co. Engineers
Brewster Conservation Commission Representative
To be discussed during this meeting:
Existing conditions, necessary precautions to be taken by the Contractor;
Necessary post-construction reparations and conditions;
Procedure for post-construction inspection;
Pre-construction requirements to be met by contractor:
Proof and Certification of Insurance Coverage
Waiver, Release and Indemnification
Posting of DEP sign
Coordination, as necessary, with the Brewster Police Department and Department of Natural
Resources
Issuance of Construction Permit by Brewster Commission Agent
Pre-construction requirements to be met by owner:
Pre-construction photographs of the access and staging area, access route, and project locus.
Access and staging areas:
The staging area will be at the top of the bank in the open grass area. Access will be down the bank
from the recently constructed area.
Staging area for materials and equipment to be in applicant’s driveway and out of the resource area.
When machinery is not in use, it will be stored in the staging area.
Equipment on beach:
During the course of construction, the following equipment is anticipated on the bank:
An excavator for installing coir envelopes.
A skid-steer to transport materials and placement of beach and bank nourishment.
Miscellaneous hand tools.
Work Completion:
Upon completion of the repair efforts, the upper coastal bank area is to be re-contoured as outlined
on the plan. All disturbed surfaces to be re-contoured, ready for re-vegetation to be performed as
soon as the weather allows.
The Contractor is to notify the Engineer for a meeting with the parties taking part in the
pre-construction meeting, prior to removal of equipment. Deficiencies will be identified to the
Contractor on re-contouring requirements, and road conditions, which will be performed under the
direction of the Engineer.
Sears Point Condominium Association - Sears Point Drive – Notice of Intent
C13697.02 A - 7
Vegetation protocol:
Upon completion of the construction effort, and as soon as weather permits to meet the first growing
season, disturbed areas, such as the re-graded area of coastal bank, are to be re-vegetated.
Post-construction photographs:
The Owner shall supply the Conservation Commission with post-construction photographs of the
access and staging area, access route, and the project locus, as well as the final vegetation
plantings.
1.6 Summary and Recommendations
The proposed project is to install an additional sturdy sand drift fence as described above, a
redistribution of previously permitted beach nourishment and revegetation of the coastal bank upon
completion of the project. These efforts will help protect the resource areas while providing added
protection to the dwellings at the top of the coastal bank.
F:
\
S
D
S
K
P
R
O
J
\
C
1
3
0
0
0
\
C
1
3
6
9
7
\
C
1
3
6
9
7
-
0
2
\
C
1
3
6
9
7
.
0
2
-
C
-
M
A
R
.
d
w
g
A
u
g
1
8
,
2
0
2
2
-
7
:
0
7
a
m
Co
a
s
t
a
l
E
n
g
i
n
e
e
r
i
n
g
C
o
.
,
I
n
c
.
c
2
0
2
2
PROJECT NO.
OF SHEETS
DRAWN BY
DRAWING FILE
CHECKED BY
DATE
PR
O
J
E
C
T
SCALE
SH
E
E
T
T
I
T
L
E
SEAL
DA
T
E
NO
.
RE
V
I
S
I
O
N
BY
SE
A
R
S
P
O
I
N
T
C
O
N
D
O
M
I
N
I
U
M
A
S
S
O
C
I
A
T
I
O
N
SE
A
R
S
P
O
I
N
T
D
R
I
V
E
BR
E
W
S
T
E
R
,
M
A
C13697.02
PL
A
N
S
H
O
W
I
N
G
SH
O
R
E
F
R
O
N
T
P
R
O
T
E
C
T
I
O
N
1 3
AS NOTED
06-07-2022
C13697.02-C-MAR.dwg
MJT
1
08
-
1
6
-
2
0
2
2
RE
M
O
V
E
D
C
O
I
R
E
N
V
E
L
O
P
E
E
X
.
A
D
D
E
D
D
R
I
F
T
F
E
N
C
E
MJ
T
SCALE: 1" = 4'
N.A.V.D. 1988 DATUM PROFILE
REF: NOAA VDATUM 06-24-2021
REF: BUZZARDS BAY NATIONAL ESTUARY PROGRAM
VERTICAL DATUM IN U.S. SURVEY FEET REFERENCED
TO THE NORTH AMERICAN VERTICAL DATUM OF 1988
(NAVD88) BASED UPON THE HEXAGON SMARTNET
RTK NETWORK.
EXISTING
66' PROP
O
S
E
D
DRIFT FE
N
C
E
F:
\
S
D
S
K
P
R
O
J
\
C
1
3
0
0
0
\
C
1
3
6
9
7
\
C
1
3
6
9
7
-
0
2
\
C
1
3
6
9
7
.
0
2
-
C
-
M
A
R
.
d
w
g
A
u
g
1
8
,
2
0
2
2
-
7
:
0
7
a
m
Co
a
s
t
a
l
E
n
g
i
n
e
e
r
i
n
g
C
o
.
,
I
n
c
.
c
2
0
2
2
PROJECT NO.
OF SHEETS
DRAWN BY
DRAWING FILE
CHECKED BY
DATE
PR
O
J
E
C
T
SCALE
SH
E
E
T
T
I
T
L
E
SEAL
DA
T
E
NO
.
RE
V
I
S
I
O
N
BY
SE
A
R
S
P
O
I
N
T
C
O
N
D
O
M
I
N
I
U
M
A
S
S
O
C
I
A
T
I
O
N
SE
A
R
S
P
O
I
N
T
D
R
I
V
E
BR
E
W
S
T
E
R
,
M
A
C13697.02
PL
A
N
S
H
O
W
I
N
G
SH
O
R
E
F
R
O
N
T
P
R
O
T
E
C
T
I
O
N
2 3
AS NOTED
06-07-2022
C13697.02-C-MAR.dwg
MJT
1
08
-
1
6
-
2
0
2
2
RE
M
O
V
E
D
C
O
I
R
E
N
V
E
L
O
P
E
E
X
.
A
D
D
E
D
D
R
I
F
T
F
E
N
C
E
MJ
T
GENERAL NOTES:
1.THE PROPERTY IS LOCATED IN THE TOWN OF BREWSTER, MA ALONG CAPE COD BAY AND IS REFERENCED BY:
ACCESSORS MAP: 57 PARCEL 3
2.FLOOD ZONE: THE PROPERTY AND PROPOSED WORK IS LOCATED IN FLOOD ZONES AS INDICATED ON THE DRAWINGS. ALL FLOOD
ELEVATIONS ARE REFERENCED TO NAVD 1988 (MSL) FLOOD ZONE VE (EL. 15) AND ZONE X SHOWN ON THIS DRAWING ARE A DIRECT
REPRESENTATION OF THE GRAPHIC FLOOD ZONE BOUNDARIES SHOWN ON THE FEMA FIRM PANEL:
FIRM PANEL: #25001C0414J, EFFECTIVE JULY 16, 2014
3.SUPPLY ALL MATERIAL, EQUIPMENT AND LABOR FOR CONSTRUCTION OF THE PROPOSED SITE IMPROVEMENTS AS DESCRIBED AND SHOWN
ON THE PLAN AND DETAILS.
4.ACCESS FOR MATERIAL AND EQUIPMENT TO BE FROM UPLAND ON THE PROPERTY AS APPROVED. CONTRACTOR IS RESPONSIBLE FOR
OBTAINING ALL PERMISSION REQUIRED FOR USE OF ANY AND ALL ACCESS.
5.STAGING AREA FOR MATERIALS TO BE ABOVE THE MEAN HIGH WATER ELEVATION. STAGING AREA FOR EQUIPMENT TO BE ON THE
PROPERTY AS APPROVED. WHEN MACHINERY AND EQUIPMENT ARE NOT IN USE, THEY SHALL BE KEPT IN THE STAGING AREA.
6.PERFORMANCE OF THE WORK SHALL BE IN COMPLIANCE WITH THE PLAN, DETAILS, AND ORDER OF CONDITIONS ISSUED BY THE
BREWSTER CONSERVATION COMMISSION FOR THE REFERENCED PROJECT AND AS DESCRIBED BELOW.
7.ANY FUTURE MAINTENANCE REQUIRED ON THE SHOREFRONT PROTECTION SYSTEM SHALL NOT COMMENCE UNTIL THE BREWSTER
CONSERVATION AGENT HAS FIRST BEEN NOTIFIED AS TO THE SCOPE OF THE REPAIRS.
8.ALL DIMENSIONS, GRADES, ETC. SHOWN ON THIS PLAN SHALL BE FIELD VERIFIED BY THE CONTRACTOR AND ANY DISCREPANCIES
BROUGHT TO THE ATTENTION OF THE ENGINEER TO BE RESOLVED PRIOR TO CONSTRUCTION.
9.FILL MATERIAL BROUGHT TO THE SITE SHALL BE COMPATIBLE TO THE EXISTING GRAIN SIZE DISTRIBUTION TO WHERE IT IS PLACED. BANK
NOURISHMENT SHALL BE COMPATIBLE TO THE EXISTING COASTAL BANK GRAIN SIZE AND NOURISHMENT OVER AND IN THE COIR
ENVELOPES SHALL BE COMPATIBLE TO THE EXISTING COASTAL BEACH.
10.ABUTTERS NAMES SHOWN HEREON REFERENCE THE CURRENT TOWN OF BREWSTER ASSESSORS RECORDS.
11.SPECIAL PROVISIONS FOR COASTAL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE RECOMMENDATIONS FOUND IN THE "COASTAL
CONSTRUCTION MANUAL" AS PUBLISHED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA-55).MA
12.FORMAL AGREEMENT AS ESTABLISHED BETWEEN BREWSTER CONSERVATION TRUST AND SEARS POINT CONDOMINIUM ASSOCIATION
RELATED TO PROPOSED WORK ON ASSESSORS MAP 49 PARCEL 135.
COIR ENVELOPES:
1.PROPOSED COIR ENVELOPE SYSTEM TO BE CONSTRUCTED WITH AN INNER LAYER OF JUTE, DOUBLE LAYER OF COIR, AN ADDITIONAL
LAYER OF JUTE AND OUTER LAYER OF COIR. CROSS-SECTION DETAIL LOCATED ON SHEET 3 OF THIS PLAN SET. CHANGE IN
CROSS-SECTION DESIGN OF COIR ENVELOPE TO BE APPROVED BY ENGINEER. COIR ENVELOPE TO BE FILLED WITH SEDIMENT THAT IS
GRAIN-SIZE COMPATIBLE WITH THE COASTAL BEACH (SEE NOTE 9).
MITIGATION NOTES:
1.ALL EXISTING VEGETATED AREAS THAT ARE DISTURBED DURING CONSTRUCTION WILL BE PLANTED WITH NATIVE VEGETATION IN THE
FIRST FULL GROWING SEASON AFTER CONSTRUCTION IS COMPLETE.
2.THE COASTAL BANK AND AREAS DELINEATED FOR MITIGATION APPROVED UNDER THE SAME ORDER OF CONDITIONS AS THIS PLAN SHALL
BE PLANTED DURING THE FIRST FULL GROWING SEASON AFTER CONSTRUCTION IS COMPLETE.
PROPOSED
NOTE: LAYERS SHOWN ARE INDIVIDUAL AND TO BE SEWN ON
SITE. LAYERS TO BE AS SHOWN OR AS APPROVED BY ENGINEER.
F:
\
S
D
S
K
P
R
O
J
\
C
1
3
0
0
0
\
C
1
3
6
9
7
\
C
1
3
6
9
7
-
0
2
\
C
1
3
6
9
7
.
0
2
-
C
-
M
A
R
.
d
w
g
A
u
g
1
8
,
2
0
2
2
-
7
:
0
7
a
m
Co
a
s
t
a
l
E
n
g
i
n
e
e
r
i
n
g
C
o
.
,
I
n
c
.
c
2
0
2
2
PROJECT NO.
OF SHEETS
DRAWN BY
DRAWING FILE
CHECKED BY
DATE
PR
O
J
E
C
T
SCALE
SH
E
E
T
T
I
T
L
E
SEAL
DA
T
E
NO
.
RE
V
I
S
I
O
N
BY
SE
A
R
S
P
O
I
N
T
C
O
N
D
O
M
I
N
I
U
M
A
S
S
O
C
I
A
T
I
O
N
SE
A
R
S
P
O
I
N
T
D
R
I
V
E
BR
E
W
S
T
E
R
,
M
A
C13697.02
PL
A
N
S
H
O
W
I
N
G
SH
O
R
E
F
R
O
N
T
P
R
O
T
E
C
T
I
O
N
3 3
AS NOTED
06-07-2022
C13697.02-C-MAR.dwg
MJT
1
08
-
1
6
-
2
0
2
2
RE
M
O
V
E
D
C
O
I
R
E
N
V
E
L
O
P
E
E
X
.
A
D
D
E
D
D
R
I
F
T
F
E
N
C
E
MJ
T
SECTION BSECTION A
BENCHED SLOPE FILL TYP.
SCALE: NTS
COIR ENVELOPE DETAIL
SCALE: NTS
DRIFT FENCE DETAIL
SCALE: NTS
1 | P a g e
COASTAL PROCESSES SPECIALIST
WOODS HOLE SEA GRANT | CAPE COD COOPERATIVE EXTENSION
gberman@whoi.edu | gberman@barnstablecounty.org
508-289-3046 | 193 Oyster Pond Road, MS #2, Woods Hole, MA 02543-1525
August 3, 2022
TO: Brewster Conservation Commission
CC: Catherine Ricks (Coastal Engineering Co. Inc.)
FROM: Greg Berman, Coastal Processes Specialist (WHSG & CCCE)
RE: Site visit to Sears Point, Brewster, MA – 07/13/2022
Background: Since the inception of the coastal processes position established within WHSG & CCCE, on-
site and remote technical assistance on coastal processes has been and continues to be an on-going,
effective technical information communication and dissemination tool. Technical assistance relating to
coastal processes, shoreline change, erosion control alternatives, coastal landform delineation, potential
effects of various human activities on coastal landforms, coastal floodplains, coastal hazards and hazard
mitigation analyses, and dune restoration techniques provided in the field and remotely will continue to
be provided on an as-needed basis. Site visits generally address site-specific coastal processes or coastal
hazards related issues. Follow-up unbiased, written technical alternatives analyses are generally
provided.
2 | P a g e
Site Details: This report focuses on the property of, and land immediately surrounding, 40 and 21
Wheeler Drive (aka Sears Point) in Brewster (Figure 1). The Brewster Conservation Commission
requested an independent review to examine the currently proposed extension of a coir envelope
system and bank stabilization on the property. A Notice of Intent (NOI – dated 06/09/2022) and Site
Plans (dated 06/07/2022) were submitted by the applicant’s consultant, Coastal Engineering Co. Inc.
A series of photographs was taken during a site visit on 07/13/2022. Photograph 1 shows the
area between the closest house and the Top of the Bank. This area is characterized by relatively level
lawn. Photograph 2 shows the Toe of the Bank which has the previously approved project of coir
envelopes creating a transition from the rock revetment to the natural coastal bank to the west. There
is some erosion at the beach/coir interface which was not planted with beachgrass like the rest of the
bank. The drift fence is almost fully buried, indicating that this beach has accumulated to capacity.
There may be potential for a standard wire/slat sand fence to be installed between the coir and the drift
fence to capture additional windblown sand and encourage dune growth in this area, however winter
storms may destroy this type of system. Photograph 3 shows the terminus of the coir envelope array,
which does not appear to taper or “return” at an angle back into the coastal bank. This may be
exacerbating the erosion at this location. It was noted in the field that the mandatory nourishment may
not have been placed since the system was installed. The addition of sediment in this area might help
reduce the end effects of the array.
This site was also visited previously on 02/12/2022, which now gives the opportunity to provide
before/after images for the area. Photographs 4/5 show the reworking of end of the rock revetment
and the drift fence filled to capacity. The entire beach at this location is much higher now than in winter
of 2019, which is in part due to a lower “winter beach” but also shows the natural recovery of the beach
over the last couple of years of milder winter storms. Vegetation has become established on the face of
the managed bank as well as on the face and toe of the unaltered bank to the west. Photographs 4/5
were taken on the stone groin looking towards the coastal bank on BCT property. Due to the relatively
mild winters a dune has been able to form on the updrift side of the stone groin.
Coastal Structure Impacts: It is the longshore (i.e., parallel to the beach) sediment transport over a long
period (typically annually) that gives us a net transport to base coastal projects upon. The net transport
in this area appears to be from the west towards the east (Figure 2). More details on sediment
transport can be found in Longshore Sediment Transport, Cape Cod, Massachusetts (Berman, 2011) as
well as confirmation on sediment movement in Assessment of the Century Scale Sediment Budget of the
Brewster Coast (Center for Coastal Studies, 2015). The seven groins (Figure 2) on the shoreline west of
the site act as dams to sediment transport, impounding material on the updrift side and concurrently
inducing erosion on the downdrift side. While not a part of the current proposal, during the site visit it
was discussed that if the groin seaward of BCT were notched it would then allow some of the
impounded sand to more naturally flow to the east, potentially alleviating some of the erosion due to
the depositional shadow of the groin.
3 | P a g e
Is the house in danger?: Measurements were roughly estimated from the scale bar on the Site Plans
(Figure 3). The approximate distance from the building on the Site Plans to the Top of the Bank is ~75’.
Also, the current Bulkhead/Revetment/Coir Envelope system at the Toe of the Bank extends over 105’
from the westernmost corner of the house. Even if erosion were to continue unabated in this location it
would be unlikely to endanger the house without a significant shift in the geomorphology of the rest of
this section of shoreline. There is some potential for loss of lawn area south of the eroding bank,
however the building in that area (not shown in Site Plans) is well over 100’ away and in no immediate
danger. A robust stabilization (ex. CES) is only permitted on a coastal bank to protect a structure built
before 1978, not the lawn/patio/etc. that may be closer to the eroding area. While there does not
appear to be any pre-1978 structure that would warrant a CES, coir envelope systems are typically not
considered a CES. Non-CES shoreline stabilization methods could be permitted, even if there is not pre-
1978 structure to protect, if the project does not negatively affect the performance standards of other
coastal resource areas.
Extension of the Coir Array: The Conservation Commission may want to request very specific detail on
the taper and angle of return for the proposed terminus of the coir array. The Site Plans (Figure 3) seem
to show the coir with no return, similar to how the current terminus of the coir was constructed. It was
noted during the site visit that the system currently in place does not appear to match what was
approved (which required tapering) and sand nourishment may not yet have occurred. As the extension
of the coir array is now proposed to terminate at the property boundary (instead of 15’ from the
boundary) any terminal erosion, like what is shown in Photograph 3, will be on the adjacent BCT
property. During the site visit it appeared that the worst of the erosion (at the terminus of the coir)
appeared to diminish within the 15’ buffer to the property boundary that was required in the Order of
Conditions. Even non-CES methods (i.e., coir envelopes) can have negative effects which include
exacerbating beach erosion, damaging neighboring properties, impacting marine habitats, and
diminishing the capacity of landforms to protect inland areas from storm damage. While erosion from
coir envelopes (like that shown in Photograph 3) is typically not as severe as CES erosion, it should be
contained within the applicant’s property.
The current configuration is likely making erosion worse at the end of the coir array. A properly
tapered and nourished coir array would less negatively affect the rest of the natural coastal bank,
however this cannot be quantified at this time as the existing array does not employ these mitigation
techniques. By extending the array to the property line any negative effects (even if not as severe as
observed during the site visit) would be extended further onto BCT property.
Proposed Fill: Previous Site Plans indicated that “The coastal bank will be renourished with compacted
gravel borrow fill and compacted in 6-9” lifts to at a 1.5:1 slope for increased stability.” The Site Plans
showed the material as much as 5’ thick in some spots. The size of the gravel, the angularity, etc. was
4 | P a g e
also in question. The proposed 4-6” of loamy sand would not have been deep enough for beachgrass.
There was the potential that the compacted gravel would likely act similar to a CES (making erosion
worse for surrounding areas).
The current (06/07/2022) Site Plans indicate that: “FILL MATERIAL BROUGHT TO THE SITE SHALL
BE COMPATIBLE TO THE EXISTING GRAIN SIZE DISTRIBUTION TO WHERE IT IS PLACED. BANK
NOURISHMENT SHALL BE COMPATIBLE TO THE EXISTING COASTAL BANK GRAIN SIZE AND
NOURISHMENT OVER AND IN THE COIR ENVELOPES SHALL BE COMPATIBLE TO THE EXISTING COASTAL
BEACH.” This change alleviates the concern that this aspect of the project would act as a CES.
5 | P a g e
Figure 1. Location of site.
6 | P a g e
Figure 2. Location of shoreline stabilization projects in the vicinity of the site.
7 | P a g e
Figure 3. The grayscale image is a screenshot from the Site Plans (06/07/2022). The purple line is the approximate distance from the house to
the Top of the Bank. The red line is the approximate distance of revetment/coir at the Toe of the Bank that extends past a shore perpendicular
line from the corner of the house. Both measurements are roughly estimated from the scale bar on the Site Plans.
8 | P a g e
The red arrow on the image to the right indicates
the location and direction of the photograph at
the bottom of this page, and the other
photographs in the series are indicated in yellow.
Photograph 1. The area between the Top of the
Bank and the house is relatively level lawn.
9 | P a g e
The red arrow on the image to the right indicates
the location and direction of the photograph at
the bottom of this page, and the other
photographs in the series are indicated in yellow.
Photograph 2. While the drift fence is filled to
near capacity the toe of the coir envelope array
has experienced some erosion.
10 | P a g e
The red arrow on the image to the right indicates
the location and direction of the photograph at
the bottom of this page, and the other
photographs in the series are indicated in yellow.
Photograph 3. The terminus of the coir envelope
array does not appear to taper or “return” at an
angle back into the coastal bank. This may be
exacerbating the erosion at this location.
11 | P a g e
Photograph 4/5. The top image is from the site visit on 07/13/2022 and the bottom image is from a
previous site visit on 02/12/2019. Vegetation has become established on the face of the managed bank
as well as on the face and toe of the unaltered bank.
12 | P a g e
Photograph 6/7. The top image is from the site visit on 07/13/2022 and the bottom image is from a
previous site visit on 02/12/2019. Due to the relatively mild winters a dune has been able to form on
the updrift side of the stone groin.
wpaform9a.doc • rev. 7/14/04 Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 – Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
A. Violation Information
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
This Enforcement Order is issued by:
Town of Brewster
Conservation Commission (Issuing Authority)
8/18/2022
Date
To:
19 Muskrat Lane LLC C/O Walter Harris
Name of Violator
1155 Parke Ave, #5SW, New York, NY 10128
Address
1. Location of Violation:
Property Owner (if different)
19 Muskrat Lane
Street Address
Brewster
City/Town
02631
Zip Code
103
Assessors Map/Plat Number
9 (formerly 9/3)
Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Cutting and clearing of vegetation on and within 50 feet of wetlands without a valid permit in violation
of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands
Protection By-law, Town Code Chapter 172.
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310
CMR 10.00), because:
the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative
Determination).
wpaform9a.doc • rev. 7/14/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 – Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
B. Findings (cont.)
the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name
Dated
File Number
Condition number(s)
The Order of Conditions expired on (date):
Date
The activity violates provisions of the Certificate of Compliance.
The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL c.131 s.40.
Other (specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
The property owner, his agents, permittees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and/or resource areas.
Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
A restoration plan shall be filed with the issuing authority on or before 9/22/2022
Date
for the following:
revegetation of the cleared wetland resource area and 50 foot buffer zone.
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform9a.doc • rev. 7/14/04 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 – Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
C. Order (cont.)
Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on
or before:
Date
for the following:
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations of the Act:
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: “Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation”. Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Noelle Aguiar, Conservation Administrator
Name
508 896 4546
Phone Number
Monday - Friday
Hours/Days Available
Issued by:
Town of Brewster
Conservation Commission
Conservation Commission signatures required on following page.
wpaform9a.doc • rev. 7/14/04 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 – Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
D. Appeals/Signatures (cont.)
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
Signature of delivery person or certified mail number
TOWN OF BREWSTER
1657 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-4546
FAX: (508) 896-8089
CONSERVATION@BREWSTER-MA.GOV
WWW.BREWSTER-MA.GOV
OFFICE OF
CONSERVATION COMMISSION
ATTACHMENT TO ENFORCEMENT ORDER
August 18, 2022
19 Muskrat Lane LLC
C/O Walter Harris
1155 Park Ave #5SW
New York, NY 10128
RE: Cutting and clearing of vegetation on and within 50 feet of wetlands without a valid
permit in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town
of Brewster Wetlands Protection By-law, Town Code Chapter 172. The property involved in
the violation is 19 Muskrat Lane, Brewster Assessors Map 103, Lot 9 (formerly Map 9, Lot 3).
Enclosed is an Enforcement Order for activities in violation of the Massachusetts
Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands
Protection By-law, Town Code Chapter 172. Non-compliance with the requirements
stated herein is punishable by fines of not more than $25,000 or by imprisonment for
not more than two years or both, as provided under M.G.L. c. 131, §40; and fines of not
more than $300 per offense as provided under Town of Brewster Wetlands Protection
By-law, Town Code Chapter 172. Each day or portion thereof during which a violation
continues shall constitute a separate offense, and each provision of the By-law,
regulations, or permit violated shall constitute a separate offense.
To Whom it May Concern:
The enclosed Enforcement Order is being issued to you from the Brewster Conservation
Commission in response to a violation of the above-referenced laws and regulations that has
occurred at the above-referenced address. This Attachment to the Enforcement Order is
divided into two sections: Facts and Law, and Required Mitigation and Other Measures. It
would be in your best interest to carefully read the Enforcement Order and this Attachment,
and to comply fully with all the requirements stated herein. Failure to comply with all
requirements stated herein will result in more serious enforcement action. The Commission
stands ready to work cooperatively with you in order to avoid further enforcement action.
Facts and Law
1. On August 15, 2022, the Conservation Department was contacted regarding
vegetation cutting and clearing activities undertaken at the property noted above and
conducted via a landscaping company.
2. On August 16, 2022, the Conservation Administrator visited the site and observed
evidence of vegetation removals on and within wetland resource areas. A line of
TOWN OF BREWSTER
1657 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-4546
FAX: (508) 896-8089
CONSERVATION@BREWSTER-MA.GOV
WWW.BREWSTER-MA.GOV
OFFICE OF
CONSERVATION COMMISSION
vegetation within 50 feet of inland wetlands appeared to have been cut back from its
original extent. In addition, culms of beach grass appeared to have been cut
throughout the dune area. Other beach grass appeared to be similarly cut, pulled
from the dune, and scattered across the property. Cuttings of green beach grass
were noted as being deposited at the edge of vegetation along a portion of the dune.
Finally, it appeared that there were cut ends of shrubs present in the dune as well.
In reviewing site photos for the property, it appears that there has been a significant
removal of vegetation when compare with previous conditions noted almost one year
ago. The other, unaltered vegetation noted in the most recent photos appear to be
in a similar state of health as noted on the previous site visit. Photos from the site
visit conducted on September 13, 2021 and August 16, 2022 are included for
reference. The site plan on record further evidenced that the location of the noted
vegetation cutting/removals occurred within a coastal dune and Estimated Habitats
of Rare Wildlife for Coastal Wetlands, as well as within the 50-foot buffer to inland
vegetated wetlands.
Any alteration within a wetland resource area or within the 100-buffer to those wetlands without
a valid permit from the Conservation Commission is a violation of the Massachusetts Wetlands
Protection Act, M.G.L. c. 131, §40 and Regulations 310 CMR 10.00 et seq., and Brewster’s
Wetlands Protection By-law, Town Code c. 172 and Wetlands Regulations.
Required Mitigation and Other Measures
1. The property owner, his agents, permittees, and all others shall immediately
cease and desist from any activity affecting wetland resource areas and the 100-
foot buffer zone associated with those wetland resource areas.
2. A restoration plan shall be submitted by September 22, 2022 detailing the
installation of native shrubs and grasses to re-establish native vegetation within
the affected areas. The restoration plan shall be completed by a landscape
architect or other professional environmental consultant approved by the
Conservation Commission and experienced with restoration activities in wetland
environments.
3. The property owner and/or their representative shall appear before the Brewster
Conservation Commission on September 13, 2022 via Zoom Meeting starting at
6:00 pm. Please call (508) 896 4546, as soon as possible to confirm.
4. The Conservation Commission shall have the right to require specific mitigation
to ensure adequate protection of the interests of the above-referenced laws and
regulations.
TOWN OF BREWSTER
1657 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-4546
FAX: (508) 896-8089
CONSERVATION@BREWSTER-MA.GOV
WWW.BREWSTER-MA.GOV
OFFICE OF
CONSERVATION COMMISSION
5. The Conservation Commission reserves the right to amend this Enforcement
Order in the future, or to issue separate Enforcement Orders.
If you have any questions, feel free to contact me at the telephone number listed above.
Respectfully,
Noelle Aguiar
Conservation Administrator
CC: MassDEP SERO
NHESP
Brewster Town Clerk
Brewster Town Administrator
TOWN OF BREWSTER
1657 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-4546
FAX: (508) 896-8089
CONSERVATION@BREWSTER-MA.GOV
WWW.BREWSTER-MA.GOV
OFFICE OF
CONSERVATION COMMISSION
ATTACHMENT TO ENFORCEMENT ORDER
August 18, 2022
19 Muskrat Lane LLC
C/O Walter Harris
1155 Park Ave #5SW
New York, NY 10128
RE: Cutting and clearing of vegetation on and within 50 feet of wetlands without a valid
permit in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town
of Brewster Wetlands Protection By-law, Town Code Chapter 172. The property involved in
the violation is 19 Muskrat Lane, Brewster Assessors Map 103, Lot 9 (formerly Map 9, Lot 3).
Enclosed is an Enforcement Order for activities in violation of the Massachusetts
Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands
Protection By-law, Town Code Chapter 172. Non-compliance with the requirements
stated herein is punishable by fines of not more than $25,000 or by imprisonment for
not more than two years or both, as provided under M.G.L. c. 131, §40; and fines of not
more than $300 per offense as provided under Town of Brewster Wetlands Protection
By-law, Town Code Chapter 172. Each day or portion thereof during which a violation
continues shall constitute a separate offense, and each provision of the By-law,
regulations, or permit violated shall constitute a separate offense.
To Whom it May Concern:
The enclosed Enforcement Order is being issued to you from the Brewster Conservation
Commission in response to a violation of the above-referenced laws and regulations that has
occurred at the above-referenced address. This Attachment to the Enforcement Order is
divided into two sections: Facts and Law, and Required Mitigation and Other Measures. It
would be in your best interest to carefully read the Enforcement Order and this Attachment,
and to comply fully with all the requirements stated herein. Failure to comply with all
requirements stated herein will result in more serious enforcement action. The Commission
stands ready to work cooperatively with you in order to avoid further enforcement action.
Facts and Law
1. On August 15, 2022, the Conservation Department was contacted regarding
vegetation cutting and clearing activities undertaken at the property noted above and
conducted via a landscaping company.
2. On August 16, 2022, the Conservation Administrator visited the site and observed
evidence of vegetation removals on and within wetland resource areas. A line of
TOWN OF BREWSTER
1657 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-4546
FAX: (508) 896-8089
CONSERVATION@BREWSTER-MA.GOV
WWW.BREWSTER-MA.GOV
OFFICE OF
CONSERVATION COMMISSION
vegetation within 50 feet of inland wetlands appeared to have been cut back from its
original extent. In addition, culms of beach grass appeared to have been cut
throughout the dune area. Other beach grass appeared to be similarly cut, pulled
from the dune, and scattered across the property. Cuttings of green beach grass
were noted as being deposited at the edge of vegetation along a portion of the dune.
Finally, it appeared that there were cut ends of shrubs present in the dune as well.
In reviewing site photos for the property, it appears that there has been a significant
removal of vegetation when compare with previous conditions noted almost one year
ago. The other, unaltered vegetation noted in the most recent photos appear to be
in a similar state of health as noted on the previous site visit. Photos from the site
visit conducted on September 13, 2021 and August 16, 2022 are included for
reference. The site plan on record further evidenced that the location of the noted
vegetation cutting/removals occurred within a coastal dune and Estimated Habitats
of Rare Wildlife for Coastal Wetlands, as well as within the 50-foot buffer to inland
vegetated wetlands.
Any alteration within a wetland resource area or within the 100-buffer to those wetlands without
a valid permit from the Conservation Commission is a violation of the Massachusetts Wetlands
Protection Act, M.G.L. c. 131, §40 and Regulations 310 CMR 10.00 et seq., and Brewster’s
Wetlands Protection By-law, Town Code c. 172 and Wetlands Regulations.
Required Mitigation and Other Measures
1. The property owner, his agents, permittees, and all others shall immediately
cease and desist from any activity affecting wetland resource areas and the 100-
foot buffer zone associated with those wetland resource areas.
2. A restoration plan shall be submitted by September 22, 2022 detailing the
installation of native shrubs and grasses to re-establish native vegetation within
the affected areas. The restoration plan shall be completed by a landscape
architect or other professional environmental consultant approved by the
Conservation Commission and experienced with restoration activities in wetland
environments.
3. The property owner and/or their representative shall appear before the Brewster
Conservation Commission on September 13, 2022 via Zoom Meeting starting at
6:00 pm. Please call (508) 896 4546, as soon as possible to confirm.
4. The Conservation Commission shall have the right to require specific mitigation
to ensure adequate protection of the interests of the above-referenced laws and
regulations.
TOWN OF BREWSTER
1657 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-4546
FAX: (508) 896-8089
CONSERVATION@BREWSTER-MA.GOV
WWW.BREWSTER-MA.GOV
OFFICE OF
CONSERVATION COMMISSION
5. The Conservation Commission reserves the right to amend this Enforcement
Order in the future, or to issue separate Enforcement Orders.
If you have any questions, feel free to contact me at the telephone number listed above.
Respectfully,
Noelle Aguiar
Conservation Administrator
CC: MassDEP SERO
NHESP
Brewster Town Clerk
Brewster Town Administrator
Site Photos. 19 Muskrat Lane. 8.16.2022
89.83'deck deckdeckexisting path RESIDENCE 508-255-4773
508-255-4773
Kerlin Residence217 Crocker LaneBrewster, MA
Karam Residence
330 Main St.
Brewster, MA
February 3, 2022
September 6, 2022
“Native Plant Mitigation”
“Native Plant Mitigation”
14
14
Locus, not to scale
Locus, not to scale
x
x
~N
~N
BreakwaterRoad Orleans
Orleans
Crocker LaneRoute 124
Route
124
Route 6A
Route 6A
Rosa virginina Virginia Rose #36 ~N
~N
Symbol
Symbol
Name
Name
PLANT KEY
PLANT KEY
Bayberry
Bayberry
Myrica pensylvanica
Myrica pensylvanica
Size
Size
Quantity
Quantity
#1#3
#3
6
6
10Total of 39 plants as mitigationApproximate locations noted on plan
Total of 39 plants as mitigation
Approximate locations noted on plan
Comptomia peregrina Sweet Fern Existing Cedar treesExisting Oak treesExisting Black Cherry trees Existing Viburnum shrubsexistingBeach Plum existingBeach PlumBittersweet BittersweetCedar Tree
Cedar Tree
Juniper virginianaJuniper virginiana 3
3
View Corridor View CorridorPrunus maritimaBeach Plum #3Panicum virgatumSwitch Grass95 Existing Cedar New Cedar tree Plant PanicumvirgatumSwitch grass Approximatelocations ofexisting Black Cherry treesBayberry shrubsPlant Cedar trees, approx locations Existing Oakcontrol spread ofBitter sweet. Physical removal. Use herbicide,Glysophate, if needed,cut and swipe method. Various applicationsto be reviewed and controlled annuallyas needed.Install Temporary Drip Irrigation for the new plants for their survival. until they adapt and acclimate themselves
Install Temporary Drip Irrigation
for the new plants for their survival.
until they adapt and acclimate themselves
100 Ft. from thetop of the Coastal Bank 50 Ft. from thetop of the Coastal Bank ~Top of Coastal Bank PlantBeach PlumPlant Rosa virginianaarea has mostlyBeach Plum shrubsto be kept at a staggeredheight of about 4’-6’ area has mostlyBeach Plum shrubsto be kept at a staggeredheight of about 6’-8’,Lateral Prune Cherrybranches if needed area has mostlyBeach Plum shrubsto be kept at a staggeredheight of about 5’-7’ plant sweet Fernplant Bayberrywith the existingCedar trees 26 26 24 22 2220 20181614 12 10~28’ elevationLateral Pruning wasdone to selected BeachPlum shrubs, Fall, 2021.the plants will grow back existingHoneysuckleshrubsremainExisting Cedar Treewas topped and pruned Fall, 2021. Tree should be ok,can perform some corrective cuts for the health of the tree Lateral pruning was done to selected branchesof the existing Black Cherry trees, Fall, 2021. They will grow back, no apparent serious damage was noted. Branches were pruned from the 2 Existing Oak trees near the topof the bank. They should grow outwith new growth in the spring.Corrective pruning can be performedfor the health of the trees. There is an option to flush cut these, then allow for stump growth, and plant new trees elsewhere in the buffer zone. #3#3 #2OVALS: Comments designatedin the ovals represent areas where pruning was done by others without permission from the Brewster Conservation Commission. Overall the plants should comeback okay. Some corrective pruning can be performed as noted. See the mitigation planting list above, which includes 3 trees to be planted within the 50’ buffer zone. Plantswill increase vegetation and shouldcompensate well for pruning performed, Fall, 2021, and previous stormdamaged removal of Pitch Pine. Pitch Pine was removed from this area. It was wind damaged in a heavy storms in aprevious year and removed without notifying the Conservation Commission.. Mitigation plants will be planted to compensatefor that loss(Approximate locations)Symbol NamePLANT KEYBayberryMyrica pensylvanica SizeIlex glabra, InkberryRosa virginina Virginia RosePanicum virgatum Switch GrassQuantity #1#1#1#3#3#3#3#3#22082112Total of 103 plants as mitigationClethra alnifolia Summer-sweetEchinaceae ConeflowerAsclepias Butterfly WeedRudbekia ConeflowerViburnum dentatum Arrowwood 1055397 Baccharis halimifolia Groundsel bush3Hydrangea Nikko Blue #5#3 Symbol NamePLANT KEYBayberryMyrica pensylvanica SizeIlex glabra, InkberryRosa virginina Virginia RosePanicum virgatum Switch GrassQuantity #1#1#1#3#3
#3
#3#3#3
#3
#22082112Total of 103 plants as mitigationClethra alnifolia Summer-sweet
Clethra alnifolia
Summer-sweet
Echinaceae ConeflowerAsclepias Butterfly WeedRudbekia ConeflowerViburnum dentatum Arrowwood
Viburnum dentatum
Arrowwood
10553
3
97
7
Baccharis halimifolia Groundsel bush3Hydrangea Nikko Blue #5#3Selected Existing TreesBlack LocustOak TreesMaple Tree(looks like Norway Maple)PLANT KEY, Symbols and namesDay Lilly Stella DoroHolly, Soft Touch Japanese Holly LilacHydrangea p. quickfireBayberryBearberry Rose knockout BlushingSpirea WateriDay Lilly Happy Returns Purple PlumPanicum v. Heavy MetalPennisetum Morning Light, transplantsSedum Autumn JoySedum KamtschaticumViburnum dentatumLavender hidcoteInkberryClethra Humming BirdHydrangea Coerulea Lace Nepeta Walker’s LowHydrangea Oakleaf Spirea Little PrincessRoas FairyShasta DaisyHelleborus Jacob, cinnamon snow Juniper procumbens nana Symbol NamePLANT KEYBayberryMyrica pensylvanica SizeIlex glabra, InkberryRosa virginina Virginia RosePanicum virgatum Switch GrassQuantity #1#3#3#3#3#3#2Total of 306 plants as mitigation, on the slope,along the property line, and around the houseClethra alnifolia Summer-sweetViburnum dentatum Arrowwood ArctostaphylosBearberrySelected Existing trees,as labeled1545103342727NATIVE PLANTSNON-NATIVE PLANTS near house::Hydrangea Endless SummerHydrangea p. Bobo #5#5Lavandula Hidcote #130811
Stony Brook Rd
Candlestick
Lane
A P
Newcomb
Rd.
330 Main St, Rt. 6A
Acer Rubrum
Red Maple
Betula nigra
River Birch
Pinus strobus
White Pine
Symbol
Symbol
Symbol
Symbol
Name
Name
Name
Name
PLANT KEY
PLANT KEY
Bayberry
Bayberry
Myrica pensylvanica
Myrica pensylvanica
Size
Size
Size
Size
Quantity
Quantity
Quantity
Quantity
#3
#3
6
3
Total of 39 plants as mitigation. Approximate locations noted on plan
Totals: 8 trees, 14 shrubs, plus ferns as mitigation. Approximate locations noted on plan
3
3
1
#3
#3
#3
#3
Clethra alnifolia
Summer-sweet
Clethra alnifolia
Summer-sweet
Viburnum dentatum
Arrowwood
Viburnum dentatum
Arrowwood
3
6
7
5
Acer Rubrum
Red Maple
Acer Rubrum
Red Maple
Betula nigra
River Birch
Betula nigra
River Birch
Pinus strobus
White Pine
Pinus strobus
White Pine
#7
#7
#10
#10
#10
#10
4
Artificail Turf,,replace with
Fescue grass mix or
Harmony grass seed mix
Remove planter,
plant native FernsPlant Native
River Birch
Plant Native
River Birch
Remove Patio, add Fescue
grass mix or Harmony seed mix
and plant native Ferns
remove patio
plant native shrubs
install initial layer of
pine bark mulch to
be restored to natuve
Base Plan done by Jason Ellis
Plant native trees
in the “cleared Area
as mitigation
Robert A. Boas
299 Landing Drive
Brewster, MA 02631
rboas@bellsouth.net
June 29, 2022
Ms. Noelle Aguiar, Conservation Administrator
Town of Brewster
1657 Main St.
Brewster, MA 02631
Re: Order of Conditions SE9-1637 (vista pruning- 299 Landing Dr., Brewster)
Dear Noelle:
Reference is made to the above-captioned Order of Conditions for vista pruning at my
property located at 299 Landing Drive in Brewster. A three-year extension to this Order
was granted by the Conservation Commission on August 9, 2019 and the work
authorized thereby was done on September 15, 2020. I advised you of this by an email
dated May 21, 2021. At this time, I would like to request another three-year extension
of the Order of Conditions so that I may have the option to do additional vista pruning
work in August or September of this year. I have enclosed a check payable to the Town
of Brewster in the amount of $100 pursuant to the Brewster Wetlands Protection By-
Laws Fee Schedule.
Thank you for your consideration.
Very truly yours,
Robert A. Boas
1
Noelle Aguiar
From:Randi Hofmann <randihofmann@me.com>
Sent:Monday, August 22, 2022 12:12 PM
To:Noelle Aguiar
Subject:Minor Change Request
To Brewster Conservation Board:
Please allow this letter to serve as a Minor Change Request for our previously permitted project [permit SE 9-1865] at 64
Bates Lane, Brewster. We wish to remove a dead tree that is posing a safety risk on our property. It is greater than 50’
from the wetland of Myrick’s Pond. The removal will be performed by Tim Kent Landscaping of Chatham.
Thank you for your consideration.
Randi Hofmann
2
1
Noelle Aguiar
From:Lisa Gussack <lgussack@gmail.com>
Sent:Friday, August 26, 2022 1:35 PM
To:Noelle Aguiar
Subject:Gussack/Sam Ward low volt lighting follow up
Noelle Aguiar
Conservation Administrator
Town of Brewster
August 25, 2022
Address: 162 Owl Pond Rd , Brewster
SE Number: 009-1778
I am writing to request approval for low voltage LED path lighting installation outside of the
50 ft buffer. It will light the stairs that are used to access the previously approved patio
which is outside the 50 ft buffer.
I also am requesting approval for 1 outlet at the patio.
Pictures attached.
Thank You,
Lisa Gussack
2
3
Lisa Gussack
Dra
f
t
O
n
l
y
Dra
f
t
O
n
l
y
Dra
f
t
O
n
l
y