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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
Brewster Wetlands Protection By-law
NOTICE OF INTENT (NOI)
The state form, “Notice of Intent”, is available online at:
http://www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html
If you would like a print copy of the form, please telephone the Conservation Commission at
(508) 896–4546.
Brewster Wetlands Protection By-law Section - Please complete each applicable form in this
package along with the above referenced state form application. Submit all completed forms,
materials, plans, and a check, made payable to the Town of Brewster, to the Conservation
Department so that your filing, under the MA Wetlands Protection Act and the Brewster Wetlands
Protection By-law, will be complete.
Contents: Brewster Wetlands Protection By-law Notice of Intent Application
1. Policy for Plans used for Wetlands Permitting
2. Notice of Intent Consultant File Review policy
3. Notice of Intent Filing Checklist
4. Brewster Wetlands Protection By-law Notice of Intent Addendum
5. Variance Justification Narrative Form (a reference guide)
6. Appendix A, Massachusetts Historical Commission Project Notification Form
7. Brewster Wetlands Protection By-law Notice to Abutters
8. Filing Fees and Fee Transmittal Form
9. Site Access Authorization Form
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
Policy for Plans used for Wetlands Permitting
Adopted 11/26/02, Amended 7/6/11
Plans shall be submitted at a scale of 1 inch equals 20 feet, unless prior approval is
given by the Conservation Commission and/or the Conservation Administrator. Plans
shall provide a proper and clear identification of resources and any details necessary to
adequately describe the proposed activity.
The Following plans shall be submitted with the proper certifications as listed
below:
Construction Documents:
Engineering Design Professional Engineer (PE)
Site Plans including all new home construction PE and Professional Land
Surveyor (PLS)
Plot Plans with no engineering PLS
Subsurface Sewer Design over 2000 gpd PE
Subsurface Sewer Design under 2000 gpd PE or Registered Sanitarian
Docks, Stairways, or retaining walls over 3 feet in height PE
Landscape / Planting Plans Conservation Commission Discretion
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 File Review
For applicants filing Notices of Intent and Abbreviated Notices of Resource Area Delineation, the
Conservation Commission shall determine an appropriate consultant fee, if necessary, to be deposited
in an account that the Conservation Administrator may draw upon to hire outside experts to assist in
project review. The fee amount shall be determined by the Commission and shall be dependent on
the nature of the project, proximity to resource areas, and extent of the work to be completed.
The services provided for this consultant fee include the following:
Review of application and plan;
Site inspections;
Resource Area identification; confirmation of delineation or analysis as to why
the delineation cannot be confirmed;
Evaluation of submitted materials and whether additional information or
documentation is necessary; contact with applicant and/or his representative
regarding these deficiencies or additional materials;
Determination of resource area values applicable to the project;
Recommendation as to whether the proposed project meets the performance
standards and requirements under MGL c 131, s 40 and the Brewster
Wetlands Protection By-law and Regulations;
Identification of possible questions or issues the Commission may wish to
explore;
The consultant fee is used to offset the cost of review and all mileage and materials
necessary.
Should a large or complex project require additional expenditure, the consultant shall send
written notification to the Commission explaining the reasons additional fees are
necessary.
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
Brewster Wetland Protection Regulations PART V. VARIANCES *
5.01 Variances
The Conservation Commission may, in its discretion, grant variances for the operation
of one or more of these regulations pursuant to this Section. Such variances are
intended to be granted only in rare and unusual cases, and shall be granted only in
accordance with the provisions of this section.
A variance may be granted only for the following reasons and upon the
following conditions:
a) 1) mitigating measures are proposed that will allow the project to be
conditioned so that it contributes to the protection of the resource
values identified in the Wetlands Bylaw; and
2) the Conservation Commission finds no reasonable alternative for such a
project within the proposed site; and
3) there will be no adverse impact from the proposed project; or
b) that the project is necessary to accommodate an overriding public interest or
that it is necessary to avoid a decision that so restricts the use of property
that it constitutes an unconstitutional taking without compensation.
Provisions:
Any project proponent seeking a variance must demonstrate that the project
results in no adverse impacts to interests defined under the Brewster Wetlands
Bylaw and that no feasible alternatives exist. To demonstrate there are no
feasible alternatives and that the proposed project will result in no adverse
impact to wetland resources, an alternatives analysis must be submitted as part
of the variance request. The purpose of the alternatives analysis is to locate
activities so that impacts to resources are minimized or avoided. Therefore, the
alternatives analysis should focus on the assessment of impacts from
alternatives considered.
Guidelines
The scope of alternatives to be considered will be commensurate with the type
and size of the proposed project.
The Alternatives Analysis must include the following:
1. a brief clear description of the project including the type, size and
proposed use of projects, and project objective
2. a summary of alternatives to the proposed Project
3. a summary of potential environmental benefits of the Project
4. a summary of potential environmental impacts of the Project
5. a list of any mitigation measures for the Project
6. a timetable, approximate cost, and the methods and timing of
construction of the Project
Alternatives to the Project:
Alternatives should be considered in terms of the proposed use and objectives of
the Project. The analysis of alternatives should highlight potential differences of
environmental impacts. This includes both short-term and long-term impacts as
well as cumulative impacts.
The following are examples of the scope of alternatives for various projects.
1. Single family house project – The scope of alternatives will be
limited to the lot for which work is proposed.
2. Residential Subdivisions – The scope of alternatives will be limited
to the original parcel and the subdivided parcels, and adjacent
parcels, and any other land that can be reasonably obtained.
3. Commercial Development – The scope of alternatives are lots that
can accommodate the project purpose, appropriately zoned,
available for sale, within the town at the time of application, or if no
such lot exists, a lot located in the market area that meets all other
specifications.
(*This Variance Section was Amended on 3/4/03.)
Brewster Wetlands Protection By-law Only
Notice of Intent
Variance Justification
Criteria A (3) requires that there will be no adverse impact from the
proposed project. Therefore, applicants shall demonstrate that.
The proposed project (describe) involves work upon or within 50 feet of the
following, as contained in Section 172-2 of the By-law: (List and address the
effect the project will have on each resource area which is applicable to your
project. Also indicate which resource area(s) are not applicable to your project.)
Any beach dune bank or flat;
Any fresh water wetland coastal wetland marsh, meadow, bog or swamp;
Any lake, pond, river, stream, estuary or the ocean;
Any land under said waters;
Any land subject to flooding or inundation by groundwater or surface water; or
Upon any land subject to flooding or inundation by tidal action or coastal
storm flowage.
(Representative) believes that the proposed work will have no adverse effect on
the following interests in accordance with the presumptions of significance set
forth in the regulations for each area subject to protection under the Brewster
Wetlands Protection By-law: (Address each interest applicable to this project.
Any interest not applicable to your project shall be so indicated.)
public water supply
private water supply
ground water and ground water quality
water quality in the numerous ponds of the town
flood control
erosion and sedimentation control
storm damage prevention
prevention of water pollution
fisheries
shellfish
wildlife and wildlife habitat
aesthetics
historic values
Additionally, (representative) has considered the following factors (if applicable
to the project):
the existence of alternative areas on the site for the project;
The cumulative impact of the allowance of a variance upon the interests
protected in the By-law;
The topography of the site, together with soil conditions;
The vegetation or lack thereof existing on the site, including species type and
number
Construction methods proposed by the applicant.
Therefore, (representative) believes (applicant) has shown clearly and
convincingly that the proposed work and its natural and consequential effects
will have no adverse effect upon any of the interests specified in the By-law,
and meets the variance provisions for Part II, Coastal Wetlands and/or Part III,
Inland Wetlands of the Regulations of the Town of Brewster Wetlands
Protection Bylaw.
950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH
APPENDIX A
MASSACHUSETTS HISTORICAL COMMISSION
220 MORRISSEY BOULEVARD
BOSTON, MASS. 02125
617-727-8470, FAX: 617-727-5128
PROJECT NOTIFICATION FORM
Project Name:________________________________________________________________________________
Location / Address:___________________________________________________________________________
City / Town:________________________________________________________________________________
Project Proponent:___________________________________________________________________________
Name:______________________________________________________________________________________
Address:___________________________________________________________________________________
City/Town/Zip/Telephone:___________________________________________________________________
Agency license or funding for the project (list all licenses, permits, approvals, grants or other entitlements
being sought from state and federal agencies).
Agencv Name Type of License or funding (specify)
Project Description (narrative):
Does the project include demolition? If so, specify nature of demolition and describe the building(s) which
are proposed for demolition.
Does the project include rehabilitation of any existing buildings? If so, specify nature of rehabilitation
and describe the building(s) which are proposed for rehabilitation.
Does the project include new construction? If so, describe (attach plans and elevations if necessary).
5/31/96 (Effective 7/1/93) -corrected 950 CMR - 275
950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH
APPENDIX A (continued)
To the best of your knowledge are any historic or archaeological properties known to exist within the
project's area of potential impact? If so, specify.
What is the total acreage of the project area?
Woodland___________________ acres Productive Resources:
Wetland_____________________ acres Agriculture________________________acres
Floodplain___________________ acres Forestry__________________________ acres
Open Space__________________ acres Mining/Extraction__________________ acres
Developed___________________ acres Total Project Acreage_______________acres
What is the acreage of the proposed new construction? acres
What is the present land use of the project area?
Please attach a copy of the section of the USGS quadrangle map which clearly marks the project location.
This Project Notification Form has beam submitted to the MHC in compliance with 950 CMR 71.00.
Signature of Person Submitting this form:_____________________________________Date:_________________
Name:_________________________________________________________________________________________
Address:_______________________________________________________________________________________
City/Town/Zip:__________________________________________________________________________________
Telephone:_____________________________________________________________________________________
REGULATORY AUTHORITY
950 CMR 71.00: M.G.L. c. 9, §§ 26.27C as amended by St 1998, c. 254.
7/1/93 950 CMR - 276
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Massachusetts Wetlands Protection Act (M.G.L. C.131 S. 40)
Brewster Conservation Commission
Brewster Wetlands Protection By-law Chapter 172
Notice to Abutters
Date: ___________________
To: Abutters of property located at: ________________________________________
Assessors' Map_______, Parcel_______, Formerly Map_________, Parcel________
From: _____________________________________________________________ , Applicant
Owner of Property: _______________________________________________
In accordance with the requirements of G.L c. 131, §40, Massachusetts Wetlands Protection Act
and Section 5, the Town of Brewster Wetlands Protection By-law, this is notification to you that a
filing has been submitted to the Brewster Conservation Commission on behalf of the applicant for
a proposed project at the above captioned location.
The Project includes the following:
The proposed work will occur within __________ feet of:
Inland Wetlands Coastal Wetlands
The project will occur within an Inland Wetland. The project will occur within a Coastal Wetland.
The information and plans for the project may be reviewed between 8:30 AM and 4:00 PM, Monday
through Thursday, at the Conservation Department, Brewster Town Offices, 1657 Main Street.
Electronic copies may be requested as an alternative.
A public hearing will be held Tuesday,_____________________________, 20_________.
Until further notice, due to the Covid pandemic, meetings will be held by remote participation.
Hearings begin at 6:00 PM. The hearing notice will be publicized in the Cape Codder Newspaper no
less than five (5) days prior to the hearing. If you have any questions, please call the Brewster
Conservation Department at 896-4546, between the hours of 8:30 AM and 4:00 PM.
Sincerely,
__________________________________________________________Representative for Applicant
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 fee must be calculated using the following process and worksheet and included in the Notice
of Intent or Abbreviated Notice of Resource Area Delineation Application:
Step 1/Type of Activity: Describe each type of activity (from the Category of Activities and Fees) which
will occur in a wetland resource area and buffer zone. If a variance is requested, add "w/var." - for
example: Cat. 1a): work on a single family lot: addition w/var.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify the fee associated with each type of activity using the categories
of projects and fees listed. Add applicable variance fee for each activity requiring a variance.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee
per category (identified in Step 3) to reach a subtotal fee amount.
Step 5/Total Project Fee: Determine the total BWP By-law fee for the project by adding the
subtotal amounts identified in Step 4.
Step 6/Advertising Fee: Add $15 for advertising.
Step 7/Processing and Mailing Fee: Add $20 for processing and mailing
Step 8/Town Portion of State Fee: Amount calculated in Massachusetts NOI Wetland Fee
Transmittal Form, WPA Form 3.
Step 9/Total Paid to the Town of Brewster: Total of By-law fee, consultant fee, advertising fee,
processing & mailing fee, and town portion of state fee. Make checks payable to the Town of
Brewster.
Calculating wetland Notice of Intent Filing Fees (Example)
1/Type of Activity 2/Number of 3/Individual Fee 4/Subtotal
Activities
Construction of single family dwelling ____1_____ $250.00__ _$250.00____
_Variance__________________ ____1_____ __$500.00__ _ $500.00___
__________________________ __________ ___________ ___________
__________________________ __________ ___________ ___________
__________________________ __________ ___________ ___________
Step 5/Total BWP By-law Project Fee: ____$750.00__
Step 6/Advertising Fee: ____$15.00___
Step 7/Processing & Mailing Fee: ____$20.00___
Step 8/Town Portion of State Fee: ____$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
of Intent or Abbreviated Notice of Resource Area Delineation Application:
Step 1/Type of Activity: Describe each type of activity (from the Category of Activities and Fees) which
will occur in a wetland resource area and buffer zone. If a variance is requested, add "w/var." - for
example: Cat. 1a): work on a single family lot: addition w/var.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify the fee associated with each type of activity using the categories
of projects and fees listed. Add applicable variance fee for each activity requiring a variance.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee
per category (identified in Step 3) to reach a subtotal fee amount.
Step 5/Total Project Fee: Determine the total BWP By-law fee for the project by adding the
subtotal amounts identified in Step 4.
Step 6/Advertising Fee: Add $15 for advertising
Step 7/Processing and Mailing Fee: Add $20 for processing and mailing
Step 8/Town Portion of State Fee: Amount calculated in Massachusetts NOI Wetland Fee
Transmittal Form, WPA Form 3.
Step 9/Total Paid to the Town of Brewster: Total of By-law fee, consultant fee, advertising fee,
processing & mailing fee, and town portion of state fee. Make checks payable to the Town of
Brewster.
Step 1 Step 2 Step 3 Step 4
Type of Activity Number of Individual Subtotal
Activities Activity Fee
___________________ __________ ___________ __________
___________________ __________ ___________ __________
___________________ __________ ___________ __________
___________________ __________ ___________ __________
___________________ __________ ___________ __________
Step 5/ Total BWP By-Law Project Fee
Step 6/Advertising Fee: $____________
Step 7/Processing & Mailing Fee: $____________
Step 8/Town Portion of State Fee: $____________
Step 9/Total Paid to the Town of Brewster: $____________
Submit only this page of the Fee Schedule with the Notice of Intent.
TOWN OF BREWSTER
CONSERVATION COMMISSION
SITE ACCESS AUTHORIZATION FORM
Date:__________________________________________________________
Project:____________________________________________________________
Location:__________________________________________________________
Property Owner:_____________________________________________________
I (we) hereby authorize the individual members of the Brewster Conservation
Commission and its agents to enter upon the referenced property for the
purpose of gathering information regarding the application filed with the
Commission pursuant to the Wetlands Protection Act (M.G.L. Ch 131, s. 40)
and/or the Brewster Wetlands Protection Bylaw (Chapter 172).
Additionally, if an Order of Conditions is issued for the project, I (we) grant
permission for Commission members and the Commission’s agents to enter the
above referenced property for the purpose of inspecting for compliance with the
Order of Conditions. This site access authorization is valid until a Certificate of
Compliance is issued by the Conservation Commission.
Authorized Signature: _____________________________ Date:_____________
Please Print Name:__________________________________________________
If other than owner, please state whether tenant, agent, or other:
Mailing Address:____________________________________________________
____________________________________________________
____________________________________________________
Phone:__________________________ Email:___________________________
Cell:____________________________ Fax:_____________________________