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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