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HomeMy Public PortalAbout2022 10 25 Public Meeting PacketTown of Brewster Conservation Commission 1657 Main St., Brewster, MA 02631 conservation@brewster-ma.gov (508) 896-4546 MEETING AGENDA Remote Participation Only October 25, 2022 6:00 PM This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1.Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 817 0484 9610 Passcode: 565669 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: :https://us02web.zoom.us/j/81704849610?pwd=d2VlNm5LcnU2TnBKWExMVEJFUUduQT09 and enter Passcode 565669To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized. Conservation Commission Michael Tobin Chairman Casey Chatelain Vice Chair Person Commissioners Bruce Evans Gary Kaser Peter Wells Staff Chris Miller, Natural Resources Director Vacant, Conservation Administrator Andreana Sideris, Assistant to Natural Resources Director and Conservation Administrator Call to Order Meeting Declaration of Participation Statement Public Comment / Citizens’ Forum Discussion 1. Support for Conservation Restriction on 0 Squantum Path 41/12 (50/35-3). Request for Determination of Applicability 1. Chilton-Allerton Village Association – Ocean Edge requests determination as to whether the area – buffer zone to inland wetlands, and the work – installation of drain lines to connect roof runoff which will discharge to a splash pad – are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Properties are 35- 91 Chilton Lane, 89/1 (27/4404). Notices of Intent 1. Continued - David Karam proposes to revegetate a previously cleared area in addition to a former gravel parking area and patio with native plant species within 50 and 100 feet of inland wetlands at 330 Main Street, 15/20 (21/30-19). 2. Continued - Heidi Stam proposes to maintain a vista corridor, remove invasive species and install native plantings on and within 50 feet of coastal resources at 127 Hillbourne Terrace, 115/26 (9/18-18). 3. Continued - Neal Shifman and Deborah Rau propose to install a seasonal dock, create a vista corridor, remove invasive species, plant native species and convert a gravel patio into a dry-laid paver patio on and within 50 and 100 feet of inland resources at 87 North Pond Drive, 89/58 (27/84-1). Show Cause Hearings 1. Continued - 19 Muskrat Lane LLC, c/o Walter Harris, 19 Muskrat Lane 103/9 (9/3), cutting and clearing of vegetation on and within 50 feet of wetlands without a valid permit 2. Continued - Brown, 2628 Main Street, 78/14 (15/113-2) Cutting and clearing of vegetation within 25 feet of inland wetlands as well as the placement of fill on and within 100 feet of inland wetlands 3. Continued - Karam, 330 Main Street, 15/20 (21/30-19), construction of addition, retaining walls and patios, vegetation clearing within 50 and 100 feet of inland wetlands Request for Administrative Review 1. Jack and Linda Darbyshire propose to remove three trees which pose a risk to an existing structure within 50 and 100 feet of inland wetlands at 164 Cranview Road, 20/15 (51/15). Report of the Natural Resources Director Any Topic not reasonably anticipated by the Conservation Commission Chairman Adjournment Date Posted: October 20, 2022 Received by Town Clerk Next Meeting: November 22, 2022 Administrative Report – Discussion Item Memo to: Brewster Conservation Commission From: Chris Miller and Andreana Sideris RE: October 25, 2022 Discussion Item 1. Support for Conservation Restriction on 0 Squantum Path 41/12 (50/35-3). Brewster Conservation Trust reached out to us, looking for support from the Commission regarding a Conservation Restriction. The Elephant Walk conservation restriction is for 7.6 acres located at 0 Squantum Path.  The areas to be protected borders the Punkhorn Parklands, Hinckley’s Pond, and the Hinkley Pond Conservation Restriction to the northeast.  The property lies within a Zone II area of Contribution to Public Water Supply.  The property will connect and enhance wildlife and habitat protection. The property falls completely within BioMap2 Critical Natural Landscape. If the Commission votes its support, BCT requests a letter of support be sent to the Select Board. Administrative Report – Chilton-Allerton Village Association, 35-91 Chilton Lane Memo to: Brewster Conservation Commission From: Chris Miller and Andreana Sideris RE: Request for Determination of Applicability, 35-91 Chilton Lane, 89/1 (27/4404). Chilton-Allerton Village Association – Ocean Edge requests determination as to whether the area – buffer zone to inland wetlands, and the work – installation of drain lines to connect roof runoff which will discharge to a splash pad – are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Properties are 35-91 Chilton Lane, 89/1 (27/4404). October 25, 2022 Hearing Site Visit: 10.20.2022 Staff Comments:  Activity proposed within the 100’ buffer includes: o Stormwater improvement: Outfall pipe from roof runoff connecting to a rip-rap (stone) splash pad o All work is outside of the 50’ buffer, the closest limit of alteration to the resource area is 80’. o Access for construction equipment: mini excavator, skid steer and handwork o Select vegetation removal to provide access for construction equipment and creation of a path  Conditions to include: erosion controls, photos prior to and following project activities, site visit prior to work Recommend: With the above noted conditions: Determination of Negative 3, Negative 6 – Work to occur within the Buffer Zone but will not alter the Area Subject to Protection Hydrangea TTS Hydrangea Strawberry Sundae Hydrangea Fairytail Bride Deutzia Deutzia Existing Hydrangea 0' Lawn Lawn Lawn Lawn Lawn Lawn Lawn Geranium Existing landscape to be amended as needed 50' BufferZone 100' Buffer Zone Existing Trees and Shrubs Japanese Forest Grass Mountain Laurel Hydrangea 'Bobo' Mountain Laurel Hellebore Tiny Tuff Stuff Hydrangea Japanese Forest Grass Mountain Laurel Rhododendron Yak Hydrangea 'Bobo' Gardens continue here but are not apart of this landscape plan Level ground lawn modules -TYP4 per section, 8' x 12'. Grills to be placed 10' from structure. Surface is lawn with no borders. Fountain Grass Hydrangea Rhythnic Blue Oakleaf Hydrangea Abelia Switch Grass Fountain Grass Hydrangea TTS Hydrangea Strawberry Sundae Abelia Fountain Grass Tiny Tuff StuffHydrangea Deutzia Yew Aruncus Hellebore Existing Hydrangea Deutzia Existing Fence Hellebore Hosta Hydrangea 'Bobo' Existing Tree Hellebore Hosta Japanese Forest Grass Skimmia Deutzia Existing Rip Rap Wall Existing Rip Rap Wall Deutzia Hellebore Oakleaf Hydrangea Japanese Forest Grass Tiny Tuff Stuff Hydrangea Oakleaf Hydrangea Lawn Oakleaf Hydrangea Japanese Forest Grass Hydrangea 'Bobo' Stewartia Twist n Shout Hydrangeas Sc a l e : 1 / 2 0 " = 1 f t NN Qty Common Name Botanical Name Container 5 Rose Creek Abelia Abelia x 'Rose Creek'3 gal 1 Goatsbeard Aruncus dioicus 1 gal 18 Slender Deutzia Deutzia gracilis 'Yuki Cherry Blossom'3 gal 50 Cranesbill Geranium maculatum 1 gal 20 Golden Japanese Forest Grass Hakonechloa macra 'All Gold'1 gal 8 Hellebore/Lenten Rose Helleborus 'Royal Heritage Strain'1 gal 3 Hosta 'Pauls Glory'Hosta 'Pauls Glory'1 gal 5 Hydrangea 'Twist-N-Shout'Hydrangea macrophylla 3 gal 4 Hydrangea -Cascading Hydrangea 'Fairytrail Bride'2 gal 1 Hydrangea blue Hydrangea 'Let's Dance Rhythmic Blue'3 gal 15 Panicle Hydrangea Hydrangea paniculata 'Bobo'3 gal 4 Oakleaf Hydrangea Hydrangea quercifolia 'Ruby Slippers'7 gal 18 Hydrangea compact lacecap Hydrangea serrata 'Tiny Tuff Stuff'3 gal 3 Mountain Laurel Kalmia latifolia 'Elf'5 gal 1 Blue Switchgrass Panicum virgatum 'Heavy Metal'3 gal 11 Dwarf Fountain Grass Pennisetum alopecuroides 'Hamelin'3 gal 3 Rhododendron 'Percy Wiseman'Rhododendron x yaku 5 gal 2 Japanese Skimmia Skimmia japonica 3 gal 1 Japanese Stewartia Stewartia pseudocamillia 7-8' 3 Columnar Yew Taxus 'Stonehenge Dark Druid'3 gal Plant Legend Landscape Design by: Second Nature Gardenworks PO Box 1345, Dennis Port, MA 02639 shannon@secondnaturegardenworks.com 774-487-0021 Landscape layout for Chilton-Allerton at the Villages at Ocean Edge; Buildings 2 and 3 Date: 10/05/22 Scale: 1" = 20' Chilton Lane, Brewster, MA 2 3 1 David Karam, 330 Main Street, 15/20 (21/30-19) SE 9-1939 Administrative Report – David Karam, 330 Main Street, SE 9-1939 Memo to: Brewster Conservation Commission From: Chris Miller and Andreana Sideris RE: 330 Main Street, 15/20 (21/30-19) Notice of Intent David Karam proposes to revegetate a previously cleared area in addition to a former gravel parking area and patio with native plant species within 50 and 100 feet of inland wetlands at 330 Main Street, 15/20 (21/30-19). Eligible Voters: Michael Tobin, Casey Chatelain, Bruce Evans, Peter Wells, Gary Kaser October 25, 2022 Hearing Staff Comments:  Draft Order of Conditions were sent out to the Commission, applicant, representative and abutter Leigh Poltrock Clouse on October 20, 2022. Recommend: If the Commission finds the Draft Order of Conditions to be complete and correct, than it is recommended to approve the Final Order of Conditions. October 11, 2022 Hearing Staff Comments:  Notice of Intent filed on September 22, 2022.  Landscape management plan submitted by Ponderosa Landscaping. o Planting include 8 trees and 14 shrubs o 3 River Birch trees (not native) have been replaced by (native) Tupelo (Nyssa sylvatica) o We received a signed letter from abutter Leigh Poltrock for work to occur on her property, with conditions o To close out existing order for construction of house and barn, would require a plan by a PE. Recommend: Continue hearing to October 27, 2022 to draft an Order of Conditions Enforcement Order Karam, 330 Main Street, 15/20 (21/30-19), construction of addition, retaining walls and patios, vegetation clearing within 50 and 100 feet of inland wetlands October 25, 2022 Hearing 2 David Karam, 330 Main Street, 15/20 (21/30-19) SE 9-1939 Recommend: It is recommended to satisfy the Enforcement Order once the Order of Conditions for SE 9-1939 have been recorded. September 27, 2022 Hearing Site Visit: Site Visit Completed Staff Comments:  Notice of Intent filed on September 22, 2022.  Landscape management plan submitted by Ponderosa Landscaping. o Planting include 8 trees and 14 shrubs o Plan not stamped by PLS o To close out existing order for construction of house and barn, would require a plan by a PE. Recommend: Continue hearing to October 11, 2022 October 11, 2022 Hearing Staff Comments:  Notice of Intent filed on September 22, 2022.  Landscape management plan submitted by Ponderosa Landscaping. o Planting include 8 trees and 14 shrubs o Plan not stamped by PLS o To close out existing order for construction of house and barn, would require a plan by a PE. Recommend: If the Commission is comfortable with the NOI filing, than I recommend satisfying the Enforcement Order. September 27, 2022 Hearing Site Visit: Site Visit Completed Staff Comments:  Notice of Intent filed on September 22, 2022.  Landscape management plan submitted by Ponderosa Landscaping. o Planting include 8 trees and 14 shrubs o Plan not stamped by PLS o To close out existing order for construction of house and barn, would require a plan by a PE. Recommend: Continue hearing to October 11, 2022 From Previous Meetings: Reported Activities: Relocation of stones, removal of plastic grass (replanting with clover), plantings within the 50 foot buffer, removal of wood retaining wall, discussion with abutting property owner as to planting choices for restoration area. Recommend: Filing of NOI to cover alterations not originally permitted LAST NEW PLANS SUBMITTED : Delineation Plan Unpermitted Alterations Within 50 Foot Buffer Retaining walls, patios, and cleared vegetation o requirements – revegetation of cleared areas with native shrubs and grasses o requirements - retreat of unpermitted structures within the 50 foot buffer as unpermitted alterations that would not meet the requirements of a variance: 1. Mitigating measures are proposed that will allow the project to be conditioned so that it contributes to the protection of the resource values identified in the Wetlands Bylaw; and for a permanent alteration within the 50 3 David Karam, 330 Main Street, 15/20 (21/30-19) SE 9-1939 foot buffer, the mitigation would be 2:1 with a planting area within the 50 foot buffer – by removing the potential for vegetation already by the propose project, this will not meet this standard. 2. The Conservation Commission finds no reasonable alternative for such a project within the proposed site; and the reasonable alternative is to retreat the retaining wall and the features they support to the 50 foot buffer line. The expanded patios are not necessary for the use of a property. 3. There will be no adverse impact from the proposed project; the removal of the area from being able to provide a place for vegetation to grow is an adverse impact. The 50 foot buffer and wetland areas are protected from any significant removals or alterations excepting those that meet the above requirements and can be demonstrated to be necessary and the least impactful option. Do not want to incentivize unpermitted construction/expansions within the 50 foot buffer/wetlands without approval. TOWN OF BREWSTER NATURAL RESOURCES DEPARTMENT 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Notice of Intent Filing Checklist Before you submit your Notice of Intent to the Conservation Commission and other applicable agencies, please complete and sign this checklist, showing that you understand and have completed all of the forms and procedures required for a Notice of Intent filing. The Conservation Commission will not open the hearing if the filing is not complete. The Conservation Commission requires one (1) complete electronic copy and three (3) complete paper copies of the Notice of Intent and attached plan(s) for each filing. Include each item of the application, with pages numbered consecutively and in the order designated on this checklist. Staple these pages together, and attach the plan(s) with a paper clip. Collectively, each item of the application and the plan(s) represent one complete copy. In addition, the Conservation Commission members require a copy of the plan(s) and a copy of the narrative/variance request rather than full copies of the Notice of Intent. Please include ten (10) copies of the plan(s) with a copy of the narrative/variance request stapled to each. Unless a digital application was submitted to the Massachusetts Department of Environmental Protection, one complete paper copy of the NOI should be sent by US Certified, Return Receipt Mail, to the DEP Southeast Regional Office, 20 Riverside Drive, Lakeville, MA, 02347. Submit the Certified Receipt Postal Service Form 3800 to the Conservation Commission. Submit only ONE copy of this checklist. Components of the Application 1. Contact the Brewster Assessors' Office to provide to you a certified abutter’s list and a photocopy of the appropriate section of the Town of Brewster Assessors' Map, showing the property of your project and all abutting properties required for a legal wetland filing under the Brewster Wetlands By-law. This list will provide the names of all direct abutters to the property (first abutters), all that abut the first abutters (second abutters) if they are within 300 feet of the lot lines of the property, and lot(s) directly across the street from your lot. The street is the first abutter and lots directly across, second abutters. If abutters are in another town, obtain a certified list of these abutters from the assessors' office in that town, and submit it and the appropriate assessors’ map in the application also. 2. Notify all abutters on the list of your proposed project on the “Notice to Abutters” form letter, by certified, return receipt mail before or on the day of filing, and submit the Certified Mail Receipts (Form 3800) as part of the filing. Submit the Certified Mail Receipt of the application sent to the DEP and, if applicable, the MA Division of Fisheries and Wildlife ’s Natural Heritage & Endangered Species Program. Submit the US Postal Service Form 3811 at the hearing. 3. Complete and include all applicable sections of the Notice of Intent (WPA Form 3). 4. Include MA Department of Environmental Protection (DEP) State Appendix G. Field Data Form(s) for bordering vegetated wetlands and other indicators of wetland hydrology. Submit one form for each area tested; one form for the wetland area and one for upland. 5. Include a photocopy of an 8" by 10" section of the appropriate United States Geological Survey (USGS) Quadrangle Map clearly showing the location of the project. 6. If applicable, send copies of the Notice of Intent application and supporting documents by return receipt mail to the Massachusetts Natural Heritage and Endangered Species Program, the US Army Corps of Engineers, etc. Submit these certified mail receipts (Form 3800) to the Conservation Department. 7. Calculate the DEP fee on the DEP Wetland Fee Transmittal Form and include it with the application. Send the form with a check or money order for the state share, to the DEP Lock Box. Include a copy of the fee transmittal form and the check in the filing. 8. Include a clear, comprehensive narrative, describing all aspects of the project. 9. Include the Brewster Wetlands Protection By-law Notice of Intent Addendum. 10. If applicable to this filing, include a variance request with alternatives analysis. 11. If applicable to this filing, include a copy of the “Appendix A MA Historical Commission” MHC) form; the original of which shall be sent to MHC by certified, return receipt mail, and the Form 3800 to the Conservation Department with the other return receipts. At this time, the Brewster Conservation Commission requires this notification only in cases in which the lot is undisturbed by an existing structure. 12. Calculate the town filing fee on the Brewster WP By-law Transmittal Form, and add the advertising fee, processing & mailing fee, and the town portion of the state fee in the area provided. Include this with the application. 13. Include one check or money order for the total amount designated on the Brewster WP By-law Transmittal Form. 14. Include a copy of the “Notice to Abutters” form letter. 15. Include a professional site plan, scale, 1" = 20'’, clearly showing: In color, the wetland line (green), fifty foot buffer zone (red) and one hundred-foot buffer zone (dark blue) delineations, wetland flags numbered to correspond with each Field Data Form, topography (minimum 2 foot), contour line and spot elevation, the insignia of the applicable professional(s) who designed the plan, in compliance with the Brewster Conservation Commission Policy for Plans for Wetlands Permitting of 3/8/05. All site plans; original and revised, shall show the wetland and buffer zones in color. 16. Include elevation drawings of the proposed structure(s) on paper of 8 1/2" x 11" or 11" x 17". 17. If the lot is an undeveloped, secluded, or otherwise unidentifiable area, identify the lot on the plan by the number of the nearest telephone pole or the nearest road intersection. If there is no pole on the lot, describe the lot's proximity to the nearest; for example, "the lot is twelve feet east of telephone pole no.167". 18. Fold each plan separately, right side out with title visible, and attach it to each copy of the application. 19. Include signed Site Access Authorization Form. Conservation Commissioners and Department staff will inspect the site. 20. Properly stake and flag the project site to identify all required portions of the project, prior to the day of filing. Clearly stake all boundaries and limits of work. Clearly identify all stakes and flags in the field, showing the one hundred foot and 50 foot buffer zones and all wetland areas. Designate each wetland type on the flag as "BVW" (bordering vegetated wetland), TOB" (top of bank), "LSF" (land subject to flooding), etc. Unless a holiday interferes, the filing deadline for all applications is noon on the Thursday at least ten (10) business days before the hearing. The hearing must be advertised in a local newspaper at this time, the Cape Codder Newspaper) no less than five business days before a hearing. When a holiday interferes with the Friday production, the newspaper will notify the town of its earlier deadline. Additional information or revised plans for continued hearings must be submitted no later than Monday at 4:00 PM, eight (8) days prior to the hearing. Submit ten (10) copies, paper clip documents to the folded plan. Anyone proposing a structure within 50 feet of a wetland resource area shall contact the Brewster Zoning Agent before the Conservation Commission will open your hearing. I, _________________________________ , confirm that this application is complete Environmental consultant/engineer/surveyor N Brewster Conservation Commission Notice of Intent Addendum Brewster Wetlands Protection By-law Chapter 172 Within 100 feet of the following - check all applicable resource areas: Coastal Wetlands Coastal Bank Coastal Dune Coastal Beach Coastal Marsh Flat Ocean Estuary Land Subject to Flooding or Inundation by Tidal Action Land Subject to Flooding by Coastal Storm Flowage Inland Wetlands Inland Bank Meadow Marsh Bog Swamp Lake Pond River Stream Land Under Said Waters Land Subject to Flooding or Inundation by Groundwater or Surface Water Are you proposing an activity on land within 50 feet of any resource area protected under the Town of Brewster Wetlands Protection By-law? Yes No If your answer to the above is yes, are you requesting a variance pursuant to Part 5 of the regulations promulgated pursuant to the Brewster Wetlands Protection By-law? Yes No If so, please describe on a separate sheet in complete detail using the Brewster Wetlands Protection By-law Variance Justification form, the reasons for the variance, and the facts upon which the Commission should find that there has been a clear and convincing showing that the proposed work and its natural and consequential effects will not have any adverse effect upon any of the interests specified in the By-law and listed on the variance justification form. Is the lot to be altered by the proposed work currently unaltered (without a structure), and located on the Brewster Archaeological Sensitivity Map available for view in the Conservation Department) with respect to historic or prehistoric (archaeological) interests? Yes No If both apply, have you completed and mailed by certified mail or hand delivery the attached 950 CMR State Appendix A form from the Massachusetts Historical Commission, so that the Commission shall have received the Appendix A response prior to the filing of the Notice of Intent? Yes No Code of the Town of Brewster Wetlands Protection Chapter 172 Brewster Wetlands Protection By-law Fee Schedule Category Activities and Fees Variance Fees: a) New structure or expanded structure within 50 feet of wetland resources: $500 b) New stairs or docks within 50 feet of wetland resources: $250 c) Maintenance or rebuilding of existing structure, stairs, or docks within 50 feet of wetland resources, no expansion within 50 feet of wetland resources: $200 d) Work without structure (landscaping, vista pruning, habitat improvement/restoration, invasive plant removal, etc.) within 50 feet of wetland resources: $200 e) Beach nourishment and/or Sand Drift Fence: $100 Category 1 (Fee for each activity is $100) a) work on a single family lot: pool, etc. b) site work without a house; c) control of vegetation; d) beach nourishment and/or sand drift fence e) resource improvement; f) work on a septic system separate from house; g) monitoring well activities minus roadway; h) new agricultural or aquacultural projects. Category 2 (Fee for each activity is $250.00): a) construction of single family house (SFH); b) addition to a single family dwelling c) parking lot d) electric generating facility activities; e) inland limited projects minus road crossings and agriculture f) each (stream) crossing for driveway to SFH; g) each point source (storm drain) discharge; h) control vegetation in a development; i) water level variation; j) any other activity not in Categories 1 through 12; k) water supply exploration. Category 3 (Fee for each activity is $750): a) site preparation (for development other than a single family dwelling) beyond NOI scope; b) each building (for development other than a single family dwelling) including site; c) road construction; not crossing or driveway; d) hazardous cleanup; e) water supply development. Category 4 (Fee for each activity is $750): a) each (stream) crossing for development other than a single family dwelling or commercial road; b) dam, sluiceway, tidegate (safety) work; c) landfills operation/closures; d) sand and gravel operation; e) railroad line construction; f) bridge; g) hazardous waste alterations to resource area; h) dredging; i) package treatment plant & discharge; j) airport tree clearing; k) oil and/or hazardous material release response actions. Category 5 a) (Fee for each activity is $500) work on inland docks, piers, revetments, dikes, etc. b) (Fee for each activity is $750) work on coastal docks, piers, coastal revetments, seawalls, etc. Category 6 Installation or Repair of Public Utilities $300 Other Permits or Requests Category 7 Request for Determination: $75 Category 8 Abbreviated Notice of Resource Area Delineation - Boundary delineation for Bordering Vegetated Wetlands - Fee is $1 per linear foot, but not to exceed $100 for activities associated with a single family home or $1,000 for all other activities. Category 9 Amended Order of Conditions: $150 Category 10 Extension Permit: $100 Category 11 Certificate of Compliance (submit two copies of the state form): $100 Category 12 Administrative Review Project: $30 In addition to the listed fees, an amount of $15 is assessed to cover the cost of advertising the hearing in a local newspaper. The Applicant may file a Request for Determination for Water Quality Improvements; there will be no additional fee for these variance requests. Please Note Each fee for work that commenced prior to obtaining a permit from the Conservation Commission (after-the-fact) is double the assessed fee (activity fee and variance fee). 75.00/hour is assessed for office or on-site consultation in excess of 1/2 hour, and for permit over-site and/or environmental monitoring. Policy for Permitting Water Quality Improvement Projects The Brewster Conservation Commission encourages projects designed to improve the water quality of ponds and other wetlands in Brewster. When projects are limited in scope to solely providing water quality improvements and involve no expansion of existing development, the Commission will consider a Request for Determination of Applicability RDA) combined with a variance request, where applicable. If a project shows clear evidence that it should improve water quality, and is therefore deemed by the Conservation Commission to be a Water Quality Improvement Project, any fee for a variance request would be waived (this would need to be reflected in the fee schedule under the by-law). Examples of projects that would qualify as Water Quality Improvement Projects would be small-scale aeration, circulation, or de-stratification proposals for water bodies, small-scale stormwater treatment proposals, or bank stabilization projects. Fee for processing and mailing wetland permits (Notice of Intent, Request for Determination of Applicability, and Abbreviated Notice of Resource Area Delineation) Processing and Mailing fee: $20.00. This includes the original by certified mail, and one copy plus information letter and site inspection form, to the owner of record.* Many properties have multiple owners. The Conservation Commission assesses a charge of $.05 per page plus cost of mailing for extra copies or for copies to second owners, etc., in addition to the $20.00 mailing fee. Massachusetts 310 CMR Department of Environmental Protection 10.05 (3). (e) The Order shall be mailed by certified mail (return receipt requested) or hand delivered to the applicant or his agent or attorney...”, WPA Form 5 Order of Conditions Massachusetts Wetlands Protection ACT M.G.L.c. 131,§40 “A copy also must be mailed or hand delivered at the same time to the ....property owner, if different from applicant”. The Conservation Commission shall review all fee revisions one year from the effective date of approval to determine if further changes are necessary. Code of the Town of Brewster Wetlands Protection Chapter 172 Brewster Wetlands Protection By-law Wetlands Fee Transmittal Form (SAMPLE) Fee Categories The feemust becalculated using the following process andworksheet and included inthe Notice of Intent or Abbreviated Notice of Resource Area Delineation Application: Step 1/Type of Activity: Describe each type of activity (from the Category of Activities and Fees) which will occur in a wetland resource area and buffer zone. If a variance is requested, add "w/var." - for example: Cat. 1a): work on a single family lot: addition w/var. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify the fee associated with each type of activity using the categories of projects and fees listed. Add applicable variance fee for each activity requiring a variance. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Step 5/Total Project Fee: Determine the total BWP By-law fee for the project by adding the subtotal amounts identified in Step 4. Step 6/Advertising Fee: Add $15 for advertising. Step 7/Processing and Mailing Fee: Add $20 for processing and mailing Step 8/Town Portion of State Fee: Amount calculated in Massachusetts NOI Wetland Fee Transmittal Form, WPA Form 3. Step 9/Total Paid to the Town of Brewster: Total of By-law fee, consultant fee, advertising fee, processing & mailing fee, and town portion of state fee. Make checks payable to the Town of Brewster. Calculating wetland Notice of Intent Filing Fees (Example) 1/Type of Activity 2/Number of 3/Individual Fee 4/Subtotal Activities Construction of single family dwelling ____1_____ $250.00__ _$250.00____ Variance__________________ ____1_____ __$500.00__ _ $500.00___ Step 5/Total BWP By-law Project Fee: ____$750.00__ Step 6/Advertising Fee: ____$15.00___ Step 7/Processing & Mailing Fee: ____$20.00___ Step 8/Town Portion of State Fee: ____$137.50__ Step 9/Total Paid to the Town of Brewster ____$922.50__ Code of the Town of Brewster Wetlands Protection Chapter 172 Brewster Wetlands Protection By-law Wetlands Fee Transmittal Form Fee Categories The fee must be calculated using the following process and worksheet and included in the Notice ofIntent or Abbreviated Notice of Resource Area Delineation Application: Step 1/Type of Activity: Describe each type of activity (from the Category of Activities and Fees) which will occur in a wetland resource area and buffer zone. If a variance is requested, add "w/var." - for example: Cat. 1a): work on a single family lot: addition w/var. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify the fee associated with each type ofactivity using the categories of projects and fees listed. Add applicable variance fee for each activity requiring a variance. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Step 5/Total Project Fee: Determine the total BWP By-law fee for the project by adding the subtotal amounts identified in Step 4. Step 6/Advertising Fee: Add $15 for advertising Step 7/Processing and Mailing Fee: Add $20 for processing and mailing Step 8/Town Portion of State Fee: Amount calculated in Massachusetts NOI Wetland Fee Transmittal Form, WPA Form 3. Step 9/Total Paid to the Town of Brewster: Total of By-law fee, consultant fee, advertising fee, processing & mailing fee, and town portion of state fee. Make checks payable to the Town of Brewster. Step 1 Step 2 Step 3 Step 4 Type of Activity Number of Individual Subtotal Activities Activity Fee Step 5/ Total BWP By-Law Project Fee Step 6/Advertising Fee: $____________ Step 7/Processing & Mailing Fee: $____________ Step 8/Town Portion of State Fee: $____________ Step 9/Total Paid to the Town of Brewster: $____________ Submit only this page of the Fee Schedule with the Notice of Intent. Karam Residence, 330 &324 Main St., Brewster, MA October 4, 2022 NARRATIVE REVISION FOR THE PROPOSED LANDSCAPE PLAN Refer to the Landscape Plan of September 15, 2022, Revised October 4, 2022, “Native Plant Mitigation”. Mitigation and vegetation restoration change: Note that we have changed the variety of one of the trees in the plant list. Use 3 Nyssa sylvatica (Tupelo, or Sour Gum) in place of the 3 Betula nigra (River Birch). The revised landscape plan of October 4, 2022 shows the change. Thank you. Charles Wentz, Representative Ponderosa Landscaping 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 15, 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 9 Total of 39 plants as mitigation. Approximate locations noted on plan Totals: 10 trees, 30 shrubs, plus 20 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 Nyssa sylvatica Tupelo/Sour Gum Pinus strobus White Pine Pinus strobus White Pine #7 #7 #7 #10 #10 #10 #10 4 Artificail Turf, replace with Fescue grass mix or Harmony grass seed mix Artificial Turf has been removed Removed timber planter (Hatched area) plant native Ferns amongst existing plants The retaining wall in this area has been removed. Add clean fill and loam to restore the natural slope. Plant native shrubs, install initial layer of pine bark mulch and allow the area to go natural. The retaining wall in this area has been removed ( Hatched area). Base Plan done by Jason Ellis Plant native trees in the “Cleared Area” as mitigation 89.83' Allow for mowing around the plants once or twice a year for up to three years to help keep open area for the growth of the new plants and reduce invasive plant population. Over-seed areas with a native seed mix to help restore native forbes. Cedar Tree Juniper virginiana2 Osmunda cinnamomea Cinnamon Fern Reduce the size of the pervious shell sitting area plant native ferns to existing plantings 20 revised, October 4, 2022 Heidi Stam, 127 Hillbourne Terrace, SE 9-1938 Administrative Report – Heidi Stam, 127 Hillbourne Terrace, SE 9-1938 Memo to: Brewster Conservation Commission From: Chris Miller and Andreana Sideris RE: Notice of Intent, 127 Hillbourne Terrace 115/26 (9/18-18) Heidi Stam proposes to maintain a vista corridor, remove invasive species and install native plantings on and within 50 feet of coastal resources at 127 Hillbourne Terrace, 115/26 (9/18-18). Eligible Voters: Michael Tobin, Casey Chatelain, Bruce Evans (Mullin 9/27), Peter Wells, Gary Kaser Resource Areas: Coastal Bank, BVW Relevant Site History: Aug 1996 - Partial COC issued, SE 9-682. Condition #28 regarding vegetation of disturbed areas with native plant material (NW portion of the property), not yet in compliance Jul 2010 - COC issued for partial COC, SE 9-682. Mar 2021 - Administrative Review, removal of one pine tree Apr 2021 - Unpermitted Vegetation Cutting, tree topping October 25, 2022 Hearing Staff Comments:  Draft Order of Conditions were sent out to the Commission, representative and applicant on October 19, 2022. Recommend: If the Commission finds the Draft Order of Conditions to be complete and correct, than it is recommended to approve the Final Order of Conditions. October 11, 2022 Hearing Staff Comments:  Revised site plans from Crawford Land Management and Down Cape Engineering were submitted to the Commission on October 4, 2022  Supplemental materials from the property owner were submitted to the Commission on October 4, 2022 showing 20 years of vegetation management on the bank, suggesting that this cutting has occurred before the date of purchase in 2010.  Comments on the revised Restoration Plan include: o The approximate number of previously pruned seedling or sapling specimens for removal and re- vegetation with native shrubs has been reduced from 28 to 23. o The specimens for removal will be re-vegetated with native shrubs at a 2:1 ratio, resulting in the planting of 46 native shrubs o The landscape fabric is proposed to be removed by hand in areas where it is exposed, and left alone in areas where native groundcovers have established o 2” Pitch pine and Cedar Seedling is proposed to be relocated outside of the view corridor, this transplant should abide by the 2:1 mitigation ratio (as it is the same concept as cutting down a tree and replanting one outside of the corridor) o The proposed pruning zones shall only affect the trees within the view corridor, as the native shrubs proposed for plantings are unlikely to exceed the minimum pruning height requirements  Winterberry (Ilex verticillata) grows to 15’  Black Chokeberry (Aronia melanocarpa) grows to 10’  Arrowwood viburnum (Viburnum dentatum) grows to 10’  Beach Plum (Prunus maritima) grows to 8’ o I would recommend no pruning in Zone 3 which is within the Coastal Bank resource area. o Conditions for management of native ground cover within 50’ buffer Recommend: Continue to October 25, 2022 Heidi Stam, 127 Hillbourne Terrace, SE 9-1938 September 27, 2022 Hearing Recommend: The applicant has requested to continue the hearing to October 11, 2022 to revise the restoration plan. September 13, 2022 Hearing Site Visit: 9.2.2022 Staff Comments:  Follow up to a violation notice issued in April 2021. Maintain vista via pruning after a violation. There is no history of vegetation management within the 50’ buffer at this property.  Unusual to transplant trees for a vista corridor, has the Commission permitted this in the past? o The Commission typically allows view corridors, not an expansive vista – like the one that exists now. We recommend leaving the trees to grow naturally.  Pruning typically only occurs within the vista corridor, since pruning and stump cutting are proposed outside of the corridor we need to understand what trees will be affected and why (proposal to include photos).  Landscape fabric exists on site, this was not a permitted activity. The Commission should require the landscape fabric to be removed as it has an adverse impact on the resource areas (prevents vegetation from growing through it). Should be included in restoration plan, plant shrubs to create a fully vegetated 50’ buffer  In reviewing the view shed in the Pruning Heights Diagram, what happens if/when tree canopies grow into the bottom of the view shed?  Pruning Zone 3 is entirely within a Coastal Bank, proposed restoration plantings are a beneficial addition o Will the Commission allow pruning within the Coastal Bank?  This is a complex site due to tree topping occurring for an unknown duration of time. I spoke with Jen Crawford regarding these questions and comments. Updates to the plan and narrative are anticipated. Recommend: Continue to September 27, 2022 Figure 1 Unpermitted Tree Topping 4.21.2021 Figure 2 Unpermitted Tree Topping 5.18.2021 September 29th, 2022 Brewster Conservation Commission 1657 Main Street Brewster, MA 02631 Dear Brewster Conservation Commissioners, Crawford Land Management (CLM) respectfully submits the attached revised Restoration Plan for 127 Hillbourne Terrace. These revisions have been made in response to comments that were received during the public hearing held on 9/13/22. This revised Restoration Plan reflects a narrower view corridor. With this revised view corridor, the approximate number of previously pruned seedling or sapling specimens for removal and re-vegetation with native shrubs has been reduced from 28 to 23. The specimens for removal are still proposed to be re-vegetated with native shrubs at a 2:1 ratio, resulting in the planting of 46 native maritime shrubs. This proposed view corridor also preserves an approximately 50’ wide stretch of undisturbed or restored naturalized woodland area on either side of the corridor. Additionally, the revised Restoration Plan specifies how the existing landscape fabric within the restoration area will be handled. This landscape fabric has been on the property for some time and has accumulated organic material, including native grasses which have rooted through the fabric. Any exposed portions of the landscape fabric will be removed by hand, and where the fabric is overlain by organic material and established grasses it will remain in place. Bare soils resulting from removal of the landscape fabric will then be seeded with the native restoration seed mix specified on the Restoration Plan. Ultimately, the revised view corridor will result in fewer previously pruned specimens being removed as well as a larger, more contiguous area of undisturbed naturalized area. The maritime shrubland that is proposed in the restoration area will ultimately enhance the ecological value of the site by providing an increase in native plant species diversity. We hope the information in this letter resolves any concerns regarding the proposed project and that you see the value of the proposed work for improving the overall health and diversity of the existing naturalized area on site. We have included diagrammatic photos that visualize the previously proposed view corridor, as well as the revised one to illustrate the reduction in the scope of the proposed view corridor. If you should have any questions or require additional information, please contact me at jen@crawfordlm.com. Respectfully, Jennifer Crawford, PLA, ASLA PRESIDENT, CRAWFORD LAND MANAGEMENT Previously proposed view corridor (per plan dated 8/24/22). Revised proposed view corridor (per plan dated 9/29/22). Personal Statement of Heidi Stam, applicant, for request for permit File No. SE 009-1938 127 Hillbourne Terrace Brewster, MA Good evening Members of the Conservation Commission. My name is Heidi Stam and I am the property owner and applicant for the permit at 127 Hillbourne Terrace. I apologize for not being able to attend the first meeting on Sept. 13 as I was unavoidably out of the country. I have had an opportunity to listen to the archive of the meeting, however, and I can appreciate the concerns that have been raised, and I have consulted further with my landscape and ecological restoration expert, Jen Crawford, and with my civil engineer and surveyor, Craig Ferrari, about appropriate steps to address these concerns. I believe the discussion showed that the Commission is not fully aware of the history in this case, and I believe I can shed further light on the current situation. I respectfully submit this statement to the record because I believe it can assist the Commission in its consideration of the application. My then husband and I purchased the property in 2010 from the original owner. The house was built and the land developed in 1994 by the original owner. The original owners were the people who created the existing conditions. The existing view and the landscape fabric had already been established when we purchased the home. None of the issues we are discussing today were discussed with us when we purchased the property and, in fact, we were unaware of them until I received a notice to show cause in April 2021. Under the circumstances which I will describe below, I believe we had a reasonable understanding that the current conditions could be appropriately maintained as they had been for the prior 16 years. The view corridor is the same today as it was when the house was purchased in 2010. I have the photos from the real estate company brochure advertising the home for sale. The “expansive” view was touted in the sales brochure and, of course, the value incorporated into the sales price. I attach photos from the sales brochure as Exhibit 1 to this statement. The only difference with the current view is that we lost one pitch pine in a storm (it actually fell on the deck) around 2012 and a second pitch pine was removed a couple of years ago after authorization from the Conservation Commission upon application because it was rotting and leaning toward the house. At the time we purchased the house, were told that “vista pruning” was permissible and we continued the practice of pruning in accordance with guidance provided by the former owner and his landscaping company. Unfortunately, and regrettably, we were not aware that a special permit or further permissions were required. Apparently, the landscape fabric had been laid down when the house was built. It was not visible at the time of our purchase in 2010 because the area immediately adjacent to the lawn was thickly covered with mulch. It was not for several years, when the mulch eroded, that I noticed a few spots of landscape fabric. As time elapsed, it was evident that the prior owners had used the fabric across the area, but that grasses, moss and saplings were growing through the fabric. In addition, the settlement of the home purchase was delayed by one week at the request of Brewster Conservation who came out to inspect the property. Unfortunately, I have no specific information regarding the decision to allow the settlement to go forward on July 8, 2010. While I now fully understand that continuing to maintain the property as it had been for the prior 16 years was not permitted, I also believe that my assessment was reasonable that it was an appropriate and acceptable approach given the information I had at the time: 1.There was no disclosure by the original owner regarding vista permitting requirements or the existence of landscape fabric on the property. 2.Brewster Conservation inspected the property prior to settlement and raised no specific objection to the condition of the property and allowed the sale to go through. 3.Neither the listing agent for the property nor the settlement attorney raised any of these issues during the sale process. 4.My understanding at the time, now clearly incorrect, was that seasonal vista pruning was allowed. This understanding was enabled by the original owner and his representatives and service providers. 5.Further, I always understood that no trees should be removed and as evidence of my good faith regarding these requirements, I applied for permission to remove the leaning pitch pine. Under the circumstances, I was extremely upset and distressed to learn through my homewatch company that a Notice to Show Cause had been issued regarding the property. I immediately contacted Brewster Conservation and explained my willingness to resolve the matter cooperatively. I had a number of conversations with Noelle Aguiar regarding how best to move forward to remediate the situation. Given my clear cooperative intent and actions, Ms. Aguiar determined not to issue an enforcement order and we proceeded to develop a plan to rectify the situation and obtain a permit. I attach as Exhibit 2 a series of emails between me and Ms. Aguiar from April 29, 2021 to May 24,, 2021. She was extremely helpful to me and with her guidance about the process, I engaged experts in landscape architecture and environmental restoration as well as a civil engineering firm to assist me in developing a plan and securing a permit. I felt Ms. Aguiar was appreciative of my concern and cooperation and while I know she did not speak for the Commission, she led me to believe that if I took these steps “it looks like you will be just fine getting a permit for the vista cutting work you are looking to set up and maintain.” She even provided me some suggestions as to the type of native species that could be planted in lieu of the pruned trees. (See Email dated May 24 from Ms. Aguillar). My intent here is not to add to your workload but to help explain my perspective on the application. It has been developed with the best of intentions and at considerable expense by experts in landscape and environmental restoration in an effort to do the right thing by the land, and for the animal habitat, but also to reasonably preserve the value of my property. I believe I have acted in good faith since I purchased this property and am doing everything possible to improve the situation. I respectfully request that you approve my application. Thank you for your consideration. Respectfully Submitted, Heidi Stam 1 Andreana Sideris From:Heidi Stam <heidistam150@gmail.com> Sent:Tuesday, October 4, 2022 11:44 AM To:Andreana Sideris Cc:Jennifer Crawford; Craig Ferrari; Lauren Taylor Subject:Materials for Hearing on 10/13 Attachments:Personal Statement Brewster Conservation.docx; Hillbourne Ter 1 photos.jpg; Hillbourne ter 2 photos.jpg; Hillbourne ter 3 photo.jpg; Hillbourne Ter 4 photo.jpg; Hillbourne Ter 5 photos.jpg; Exhibit 2 -- email thread.pdf Hi Andi -- I hope you are well. I am sorry I was unable to attend the first hearing on the permit application. I am submitting the attached materials, a personal statement and exhibits, for the record in this matter and for distribution to the Commissioners for their consideration. Please let me know if you require anything additional. Thanks very much for your help! Heidi Stam 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 VI E 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 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 EXISTING NATURALIZED AREA 25 2 5 20 15 10 15 10 PRUNING ZONE 1 TRANSPLANTED 2" PITCH PINE TRANSPLANTED CEDAR SEEDLING FORSYTHIA CEDAR SEEDLING; TRANSPLANT OUT OF VIEW CORRIDOR 6 SWEET FERN 4 SWEET FERN 4 VIRGINIA ROSE 5 VIBURNUM 9 BEACH PLUM 5 WINTERBERRY 5 CHOKEBERRY EXISTING EDGE OF VEGETATION EXISTING EDGE OF VEGETATION 2" PITCH PINE; TRANSPLANT OUT OF VIEW CORRIDOR 3 WINTERBERRY EX. AREA OF LANDSCAPE FABRIC OVERLAIN WITH ORGANIC MATERIAL AND GRASSES; LEAVE FABRIC IN PLACE WHERE NATIVE GROUNDCOVERS HAVE ESTABLISHED; REMOVE ANY EXPOSED PORTIONS OF FABRIC BY HAND & SEED EXPOSED SOILS WITH RESTORATION SEED MIX 5 CHOKEBERRY MULTI-STEM 6" PR. OAK BORDERING VEGETATED WETLAND PREVIOUSLY PROPOSED EXTENTS OF VIEW CORRIDOR (PLAN DATED 8/24/22) 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 10 #3-#5 Comptonia peregrina Sweet fern 10 #3 Ilex verticillata Winterberry 8 #3-#5 Prunus maritima Beach plum 9 #3-#5 Rosa virginiana Virginia rose 4 #3 Viburnum dentatum Arrowwood viburnum 5 #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. ·Existing landscape fabric that is exposed will be removed. Any fabric that is overlain by organic material and native grasses is to remain. ·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 23 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 1 9/ 2 9 / 2 2 LT Ad d e d n o t e a b o u t l a n d s c a p e f a b r i c r e m o v a l an d n a r r o w e d p r o p o s e d v i e w c o r r i d o r . 1 1 1 1 Neal Shifman and Deborah Rau, 87 North Pond Drive SE 9-1934 Administrative Report – Neal Shifman and Deborah Rau, 87 North Pond Drive, SE 9-1934 Memo to: Brewster Conservation Commission From: Chris Miller and Andreana Sideris RE: 87 North Pond Drive, 89/58 (27/84-1) Notice of Intent Neal Shifman and Deborah Rau propose to install a seasonal dock, create a vista corridor, remove invasive species, plant native species and convert a stone patio into a dry-laid paver patio on and within 50 and 100 feet of inland resources at 87 North Pond Drive, 89/58 (27/84-1). Eligible Voters: Michael Tobin, Casey Chatelain (mullin 8/9), Bruce Evans (mullin 9/27), Gary Kaser (8/23), Peter Wells October 25, 2022 Hearing Staff Comments:  Feedback from NHESP regarding the updated site plan - not received October 11, 2022 Hearing Staff Comments:  Revised site plan was submitted to the Commission on October 5, 2022  Report of Survey Findings from Haines Hydrogeological Consulting was submitted to the Commission on October 5, 2022  On October 6, 2022, John O’Reilly requested for the hearing to be continued to October 25, 2022 to receive feedback from NHESP regarding the updated site plan. September 27, 2022 Hearing 9.20.2022 Update – John received notification from NHESP stating that the dock should be relocated. Awaiting further feedback from NHESP: NHESP has determined that additional information is required, i.e. botanical surveys for the Two-flowered Rush (Juncus biflorus) and Plymouth Gentian (Sabatia kennedyana). Recommend: Continue hearing to October 11, 2022 Previous Hearings Staff Comments: Wetland line adjusted to match previous delineation Patio layer adjusted to include A/C area Mitigation planting area added from previous permit for accuracy – proposed restoration plantings in area Eliminated – beach work, vegetation remove/replace, view corridor (reduced to selective limbing of two oak trees) 1 19 Muskrat Lane LLC c/o Walter Harris, 19 Muskrat Lane Administrative Report – 19 Muskrat Lane LLC c/o Walter Harris, 19 Muskrat Lane Memo to: Brewster Conservation Commission From: Chris Miller and Andreana Sideris RE: 19 Muskrat Lane, 103/9 (9/3) Resource Areas: Coastal Beach, Coastal Dune, Bordering Vegetated Wetland Show Cause Hearing 19 Muskrat Lane LLC, c/o Walter Harris, 19 Muskrat Lane 103/9 (9/3), cutting and clearing of vegetation on and within 50 feet of wetlands without a valid permit. October 25, 2022 Hearing Staff Comments:  No new information  Note from previous hearing: On October 6, 2022, the Conservation Commission received a letter from Coastal Engineering requesting to extend the filing deadline to November 3, 2022. October 11, 2022 Hearing Staff Comments:  Coastal Engineering has been engaged in filing an After-the-fact NOI.  On October 6, 2022, the Conservation Commission received a letter from Coastal Engineering requesting to extend the filing deadline to November 3, 2022. September 27, 2022 Hearing Staff Comments:  At the September 13, 2022 Commission meeting, Benjamin Zehnder had requested a continuance to October 11, 2022 to engage an engineer. September 13, 2022 Hearing Enforcement Order Ratified by the Commission Staff Comments:  Site visit completed 8.16 after multiple reports of landscaping company cutting, clearing, and digging up vegetation within coastal resource areas and 50’ buffer Recommend: Amend the Order of Conditions, SE 9-1895. Require a narrative and mitigation planting plan. NHESP requires a copy of the Request to Amended OOC with a restoration plan, so they can provide comments relative to state-listed species. October 6, 2022 C18861.01 Brewster Conservation Commission Via Email Attn: Andreana Sideris Brewster Town Hall 1657 Main St Brewster, MA 02631 Re: Request for NOI Filing Extension Proposed Dune Restoration 19 Muskrat Lane LLC 19 Muskrat Lane, Brewster Map 103 Parcel 9 Dear Ms. Sideris and Commission Members: On behalf of our client, 19 Muskrat Lane LLC, we would like to request an (After the fact) Notice of Intent filing extension, as a follow-up to the previously discussed enforcement matter. The extension will allow additional time for preparation of site and restoration plans. Therefore, we respectfully request that you extend the filing deadline to November 3, 2022. If you have any questions, please call our office. Sincerely, COASTAL ENGINEERING CO., INC. Carla Davis Enclosures: As Stated cc: 19 Muskrat Lane, LLC Rubin and Rudman, LLP Benjamin E. Zehnder, LLC Donald K. Munroe, Project Manager 1 Stephan Brown, 2628 Main Street Administrative Report – Stephan Brown, 2628 Main Street Memo to: Brewster Conservation Commission From: Chris Miller and Andreana Sideris RE: Show Cause Hearing, 2628 Main Street 78/14 (15/113-2) Show Cause Hearing Brown, 2628 Main Street, 78/14 (15/113-2) Cutting and Clearing of vegetation within 25 feet of inland wetlands October 25, 2022 Hearing Staff Comments:  Awaiting letter from Coastal Engineering October 11, 2022 Hearing Staff Comments:  The Commission received additional documents, including a product report and various draft maps for showing zones of the property A Notice of Intent was not filed on the October 6, 2022 filing deadline September 27, 2022 Hearing Staff Comments:  New draft information submitted for discussion at meeting. Recommend: Continue hearing to October 11, 2022 From Previous Meetings New site plan submitted showing shed with decks and loam pile. Last new plans: Delineation Plan and Restoration Plan Restoration Plan Submitted Plantings: o Shrub plantings in Bordering Vegetated Wetland – American elderberry (35), black chokeberry (9), highbush blueberry (35), inkberry (9), sweet pepperbush (9) o Shrub plantings in the Buffer Zone – bay berry (4), spicebush (4), witch hazel (4) o Wetland and buffer zone seed mixes Inland Bank alterations: o Re-shaping inland bank by excavating/pulling back sedimen to create gentler slope for stabilization o Coir logs along edge of the waterway to stabilize edges To Qualify for Agricultural Exemption, Land Must be in Agricultural Use:  Land must be presently and primarily used in a manner related to, and customarily and necessarily used in producing agricultural commodities.  Land must be used in producing or raising agricultural commodities for commercial purposes  Commercial purpose = the activity of selling of goods + goal/expectation of making a profit  Land must be actively used for the above within the last 5 years. To Provide Proof of Agriculture – documentation of the extent and timing of agricultural use  Aerial photography, USDA Farm Plan, receipts of sale, ASCS cropping records, etc. Activities Must be Normal Maintenance or Improvement  Practice must be fit to the scale and scope of the operation  Must be necessary and directly related to the production or raising of agricultural commodities 2 Stephan Brown, 2628 Main Street  Must be undertaken in a manner as to prevent erosion and siltation of adjacent waterbodies and wetlands  A field edge must already be existing - the land it encircles must be in production Activities Not Exempt –  The management of any field edge that falls within a Bordering Vegetated Wetland is not intended to allow the conversion of Bordering Vegetated Wetland into cropland  the cutting or removal of trees and understory vegetation shall not occur within 25 feet of the bank of a water body that is not managed within the land in production  no tilling, filling, excavation, or other change in the existing topography shall occur within the field edge September 6th, 2022 Brewster Conservation Commission Notice Of Intent: Narrative Draft Stephen Brown 2620 to 2628 Main Street Brewster Ma, 02631 Draft Notice of Intent which we intend to file before September 22, for the October 11th Hearing. We would appreciate constructive criticism Dear Commissioner Members, This “narrative” for the Notice of Intent is to address: 1. The current state of violation with the Conservation Commission 2. The work that was done in the winter of 21 3. The proposed work in the same area 4. The historical, present, and future use of my land in Brewster. Our intent is to provide an example of how to use wetland areas under the claimed present jurisdiction of the Commonwealth of Massachusetts and the Brewster Conservation Commission as a representative board of the Town of Brewster, Massachusetts in the country of the United States of America. Wetland Resources: Environmental Consulting & Restoration, LLC (ECR)completed a field review on March 3, 2022, to document existing conditions of the site and completed a wetland delineation. The vegetated wetlands on and near the site were delineated following the methodology established by the Massachusetts Department of Environmental Protection (DEP) regulations found at 310 CMR 10.55 pertaining to the delineation of Bordering Vegetated Wetlands. The delineation was performed by analyzing vegetation, hydrology within 12 inches of the surface, and soil conditions within 20 inches of the surface. The vegetated wetlands onsite contain hydric soils, saturated soils, and dominant wetland indicator plants. Wetland flags (pink & black striped ribbons) were placed on and near the site to mark the limit of the vegetated wetlands. ECR also identified an intermittent stream that flows within the wetland system. The stream originates from a small, ponded area within the northeastern-most portion of the wetland. The stream flows to the southwest into a historic bog system and associated ditches. Existing Conditions: The site is located to the south of Main Street and consists of a commercial property with several buildings, work areas, sheds, gravel/dirt roadways, walkways, gardens, etc. Wetland resource areas are located through the central and southern portions of the site to the rear developed area along Main Street. The area of recent disturbance that we are addressing in this Notice of Intent took place in the winter of 22 located within a portion of wetland and buffer zone within the eastern, central portion of the site along the existing dirt roadway that is used to access the rear of the property. Work was done to the east and west of the existing roadway. The unpermitted work within the wetland and buffer zone originated as a project undertaken by Mosquito Control and myself, the property owner, who misunderstood the exemptions allowed under the Wetland Protection Act and unknowingly committed the wetland violations. The work included vegetation removal and the improvement of the existing roadway. Please note, a limited amount of fill was used within the existing roadway and along the shoulder, but beyond those areas the disturbance was isolated to vegetation cutting only. At this time, the disturbed areas have been stabilized with erosion control blankets and straw. For more information regarding the disturbed areas, please refer to the attached statement of Andrew Neal who performed the work under supervision of Mosquito Control. Brief history of the use of this property Upon my arrival on the property in November of 1972 the ‘front lawn’ area still contained some asparagus plants which were, from later research, an important crop to Brewster people in times past. The ‘back lot’, or Ellis Property, had formerly been owned and farmed by Thadeus Ellis, was then owned in 1972 by his son Robert Ellis who passed it on to his son Christopher Ellis from whom I bought the property. Thadeus had planted apple and pear trees, some of which were still productive when I purchased the orchard. Also on the property were a productive crop of blueberry, which ended up in numerous blueberry pies, pancakes, and muffins. This agricultural use can easily be attested to by both Chris and Ann Ellis who both live in Brewster today ( Ann lives across Main Street from my property in her parents’ house). I was told by Vernon Crownshaw of the Massachusetts Mosquito Control Commission that the Commonwealth has maps describing this land as “orchard” and going back to the 1930’s. Since May of 1973 when Eastleigh Nurseries first opened, this land has been engaged continuously in agriculture and horticulture. My “intention” for this land is to continue its agricultural use in any and all parts of the property, both within and without wetland areas. I am entitled to an “agricultural exemption” from wetland laws and by-laws which will support the present and future owners of this property in that usage. This land has always been, and will always be, managed by organic standards. The ‘owners’ of this land are, and will always be, better described as “stewards”, or “shepherds”, of this sacred land as different from the legal term “owner”, or “landowner”. The further intention for the use of this land is to be self-regulatory. The property is being sold to a co- operative society whose by-laws are in harmony with most of Brewster’s wetland by-laws. But because we can not condone the allowed use of Glysophate within wetland areas— or for that matter its use anywhere on Planet Earth— and because we do not feel that Brewster is enthusiastically supportive of agriculture, we choose to self-regulate using our own Earth-friendly laws that are agreed upon democratically by the co-operative community and / or a Private Membership Association. We will welcome help and advice from outside agencies or individuals as we form our own laws. Management and planting plans for the property The main focus of this NOI is to bring the property in to a state of restoration and out of violation. However, I do want to go into a little detail about the future plans for the property. ECR has designed a restoration narrative and plan specifically for the site to restore the portions of wetland and buffer zone that were impacted by recent site disturbance. Specifically, the disturbed areas as described above that include approximately 8,250 square feet of wetland and 1,010 square feet of buffer zone. The proposed restoration has been designed to restore lost wildlife habitat, re-establish lost biomass and re-establish a native plant community that incorporates native species existing on the site as well as species that will promote more biodiversity. The proposed restoration plan also includes inland bank stabilization for the stream that flows within the wetland. The proposed restoration shall follow the methodology below: 1. Collect and remove the straw that was previously spread throughout the restoration areas. Remove the erosion control blankets that are located along the bank of the stream that flows through the wetland. 2. Re-shape the Inland Bank to include excavating/pulling back existing sediment to a gentle grade for permeant stabilization if necessary. At this point the banks seem stable and probably just need to be planted. 3. Upon completion of stabilizing the Inland Bank, the top of the bank and adjacent disturbed areas shall be stabilized with native plantings. If necessary, a thin layer (2-4 inches) of clean loam shall be installed throughout the restoration area to supplement existing soils. (This should have been done in the spring, but we were not allowed to plant the blueberries and elderberries that are not suffering in pots on the property waiting to get planted.) 4. Replanting to restore the portion of the wetland that was impacted by the recent cutting activities. We are proposing to revegetate the wetland with native shrubs and a native herbaceous seed mix. ECR has designed the planting plan using DEP’s Wetland Replication Guidelines for work in Bordering Vegetated Wetlands. Utilizing DEP guidance regarding shrub spacing, shrubs planted 10 feet on center will require a total of 97 shrubs to restore the 8,250 square feet of disturbed wetland. SHRUB SPECIES SIZE (height) NUMBER American Elderberry (Sambucus canadensis) 1.5 - 2 ft 35 Black Chokeberry (Aronia melanocarpa) 1.5 - 2 ft 9 Highbush Blueberry (Vaccinium corymbosum) 1.5 - 2 ft 35 Inkberry (Ilex glabra) 1.5 - 2 ft 9 Sweet Pepperbush (Clethra alnifolia) 1.5 - 2 ft 9 Total 97 Please note, to further supplement the restoration area additional Elderberry and Highbush Blueberry shrubs may be planted in addition to the above proposed plantings. 5. Replanting to restore the portion of the buffer zone that was impacted by the recent cutting activities. We are proposing to revegetate the buffer zone with native shrubs and a native herbaceous seed mix. ECR has designed the planting plan using DEP’s Wetland Replication Guidelines for work in Bordering Vegetated Wetlands. Utilizing DEP guidance regarding shrub spacing, shrubs planted 10 feet on center will require a total of 12 shrubs to restore the 1,010 square feet of disturbed buffer zone. Proposed Buffer Zone Plant Palette SHRUB SPECIES SIZE (height) NUMBER Bayberry (Myrica pennsylvanica) 1.5 - 2 ft 4 Spicebush (Lindera benzoin) 1.5 - 2 ft 4 Witch Hazel (Hamanmelis virginiana) 1.5 - 2 ft 4 Total 12 6. All plantings will be spaced at the direction of an overviewing wetland scientist to simulate natural growth patterns. Upon completion of planting, the root zones of the plants will be mulched with a 1 to 2-inch-thick layer of leaf litter or other natural organic mulch. 7. All remaining areas of exposed soils within the wetland and buffer zone restoration areas have been hand seeded with native seed mixes to stabilize and restore the herbaceous plant layer. 8. An irrigation schedule shall be established by the applicant here below. 9. We also need to build a rock retaining wall to stabilize the banking and define the farm access road leading South across a culvert pipe. Cape Cod “native rock” will be used, and not rock imported from ‘across the bridge’. For several decades the trend in landscaping has been to import and use Pennsylvania wall stone, and other imported stone, which have very much changed the character of Cape Cod. This retaining wall, as well as strongly stabilizing the road banking, will also beautify the Arboretum in an historically-appropriate manner. Brewster Wetlands Protection Regulations Performance Standards: 3.01 Inland Banks: (3) Activity within 50’ of any Bank: Regrading of slope and banks in disturbed area has been performed and the banks are holding. We still need to mitigate the disturbance with the proposed paintings. The 2’ retaining wall will further stabilize the area. This falls under Section 5.01 of Wetland regulations and we request to be allowed to perform this work (4) Activity within 100’ of any Bank: The proposed activity of erosion stabilizing native plantings will positively impact the stability and ecology of the area. Summary: We have designed this restoration plan according to DEP’s Guidelines and a portion of the recently altered areas will re-vegetate naturally to coincide with the addition of new native plant biomass. We believe that this restoration plan is suitable for the recent disturbance at 2624 Main Street in Brewster and meets DEP’s Guidelines for restoration within a wetland and associated buffer zone. The additional two disturbed areas that were previously identified by the Conservation Commission within the southern-most portion of the site were also reviewed by ECR during the March site inspection. There was minimal disturbance in these areas with very limited disturbance to the wetland resource areas. Upon a recent inspection by Noelle from the town these areas were deemed re- vegetated naturally and shall be monitored along with the restoration areas described above. Other Areas of the Property we would like to address: Native Elm trees died out across the country because of Dutch Elm Disease many decades ago. I clearly can see in my mind’s eye three massive and grand old Elm trees directly across Main Street from this property. We have obtained a disease-resistent variety of Elm and potted them for planting as soon as the present issues with the Brewster Cons Comm are resolved. Hopefully these trees will grow once again in their grandeur within our evolving Arboretum and within Brewster, as we are saving some for sale to those folks who wish to help re-establish them. Paw Paw tree is an indigenous plant of this continent, and we will be planting them to help restore a sustainable ‘edible forest’ food source on Cape Cod. Here is more from National Park Service : Sep 21, 2021 Pawpaw trees in the forest understory NPS With leaves and branches that deer avoid, and fruit that is loved by all, the pawpaw ( Asimina triloba) is a fascinating native tree. It's the only local member of a large, mainly-tropical plant family (Annonaceae), and produces the largest edible fruit native to North America. Soil that is well-drained, deep, fertile, and slightly acidic (pH 5.5 to 7.0) is ideal, but trees will grow fine on most soils that contain adequate levels of calcium as determined by a soil test and if mulched. We intend to experiment with Paw Paw by planting both at the edge of a wetland area so that roots can seek moisture, and within wetland, so as to determine whether this food source might be a future, drought-tolerant tree as the climate changes unfavorably for our most relied upon species- apple, pear, peach, cherry, nut trees, etc. Expand the established orchards throughout the property ( including the Paw Paw ), within areas recently demarcated by a ‘wetland survey’ which presently hold, or historically held, orchard plants. Remove invasive species, at our discretion, throughout the property : Bittersweet, Japanese knotweed, Honeysuckle, etc. An electric service will be installed to service the “back lot” via either of the 30-foot right of way roads entering from Thad Ellis Road. Eversource has been unable to approve a plan for almost a year ( ! ), and so we do not yet know where the line will come from. We ask that installation of power from either direction be approved as there will be no impact upon wetlands from either avenue. If this underground service cannot be approved, then we must pursue the installation of electric poles which, though considerably less expensive, are more dangerous (many large trees) and less pleasing aesthetically. Clearing of woody vegetation and maintain a five-foot access space on either side of the Consodine Ditch so that State Mosquito Control can better service the ditches. Clearing of woody vegetation and maintain a 7 foot access space along the Western property line from Main Street to the pond. Clearing and maintenance of property lines is allowed by right for property owners throughout Massachusetts ( and probably the nation ). maintain all existing “farm roads” as shown on Farm Plan of 2008. probably more that I can’t think of right now… NOTES of September 13th, 2022 : The loam pile in ‘back lot’ has been 3/4 removed and used around the farm for leveling and seeding. The remaining 1/4 will be used for the restoration plantings. The composting of orange peels was discontinued after your concern was expressed, and Manuel ( Snowy Owl ) has found another person to take the rinds. We had no other space that we wished to use for this purpose that was not within a wetland border. We never felt that there was any threat to the wetlands because, as Noelle noted during her site visit last week, there is a berm between where the rinds were composting and the wetland. Andrew Neal, who assisted the Mosquito Control agent Vernon Crownshaw in the improvements of the Consodine Ditch, has written a statement and is included in this packet. I will be gone for September and October for dental appointments there, and to continue building our Great Cape Herbs subsidiary, Boticario dos Acores. I may also have a letter from an abutting neighbor couple, Ken and Joan Benson, who report their first year with no basement flooding, likely the result of the work we did to improve the Consodine Ditch and successfully get the water moving once again. I will ask Stacey and Josh, who abut the puddle in Area 1, if they have noticed any changes to water issues. In years past when my long-time friend Bruce Scott owned that property, the water from the puddle would sometimes rise as high as the middle of his back yard ( ! ). And there were many times when, because of the clogged and collapsed culvert pipe, the water would flow over the road— a rise of some three feet. Administrative Report – Request for Administrative Reviews Memo to: Brewster Conservation Commission From: Chris Miller and Andreana Sideris RE: October 25, 2022 Administrative Reviews 1. Jack and Linda Darbyshire propose to remove three trees which pose a risk to an existing structure within 50 and 100 feet of inland wetlands at 164 Cranview Road, 20/15 (51/15). Project: All three trees pose a risk to existing structure. The site is densely wooded. Work falls under activities covered by Administrative Review Recommend: Approve Administrative Review