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Home My Public Portal About2023 03 14 Public Meeting PacketTown of Brewster Conservation Commission Note 1: Wing Island is partially composed of 45.40 acres, currently under the care and custody of the Select Board, and completely overlapped by salt marsh, bordering vegetated wetlands, riverfront, and buffer zones. Note 2: Conservation Restriction (CR) in perpetuity granted to Commonwealth of MA – Land Court Doc #978,472 dated August 30, 2004 Note 3: Wing Island is located entirely within the existing CR, detailed above in note 2 and highlighted below. US Topo, 2021 Harwich, scale 1:24000 03/14/23 Page 1 of 1 SPECIAL LEGISLATION: TRANSFER CARE, CUSTODY, AND CONTROL OF, CHANGES USES OF, AND/OR PLACE A CONSERVATION ON WING ISLAND ARTICLE NO.9 : To see if the Town will vote to authorize the Select Board to petition the General Court for special legislation authorizing the transfer from the Select Board for public bathing and recreation purposes to the Conservation Commission for conservation and passive recreation purposes, the parcel of land known as Wing Island, as acquired by the Town of Brewster pursuant to an Order of Taking dated July 14, 1961 and recorded on July 28, 1961, as described in a deed recorded with the Barnstable registry of deeds in book 1123, page 170, all as set forth below, and, further, to authorize the General Court to make changes of form only to such legislation without the approval of the Select Board, and, to authorize the Select Board to approve such changes that are within the public purposes of the vote taken hereunder, or to take any other action relative thereto. Option 1 - With authority for a conservation restriction: SECTION 1. Notwithstanding any general or special law to the contrary, the town of Brewster is hereby authorized pursuant to the provisions of section 15A of chapter 40 of the general laws, to transfer a parcel of land from the select board for public bathing and recreation purposes to the care, custody and control of the conservation commission for open space and passive recreation purposes, including public bathing, subject and dedicated to the purposes of Article 97 of the Massachusetts Constitution a parcel of land shown Wing Island, as acquired by the Town of Brewster pursuant to an Order of Taking dated July 14, 1961 and recorded on July 28, 1961, as described in a deed recorded with the Barnstable registry of deeds in book 1123, page 170, but reserving to town meeting of said town the authority to transfer to a nonprofit organization a conservation restriction on all or a portion of said land consistent with the requirements of sections 30 through 33 of chapter 184 of the general laws. SECTION 2. This act shall take effect upon its passage. Option 2 - Without authority for a conservation restriction: SECTION 1. Notwithstanding any general or special law to the contrary, the town of Brewster is hereby authorized pursuant to the provisions of section 15A of chapter 40 of the general laws, to transfer a parcel of land from the select board for public bathing and recreation purposes to the care, custody and control of the conservation commission for open space and passive recreation purposes, including public bathing, subject and dedicated to the purposes of Article 97 of the Massachusetts Constitution a parcel of land shown as Wing Island, as acquired by the Town of Brewster pursuant to an Order of Taking dated July 14, 1961 and recorded on July 28, 1961, as described in a deed recorded with the Barnstable registry of deeds in book 1123, page 170. SECTION 2. This act shall take effect upon its passage. Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 1 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 2 1 PINE POND 0 Dennis Line 3.500 acres Pondshore RR Hiking, Walking, Birdwatching, Fishing, Swimming, Canoeing Good Natural Undeveloped, accessed from neighboring town. YES Conditions at this site limit accessibility. Tax Title Taking 11-10-2006 To Cons Com 7-26-2007 Permanent CR Held By Brewster Conservation Trust 7-26-2007 6 14 0 MAIN STREET (west end of saltmarsh) 96.500 acres Saltmarsh RR Walking, Birdwatching Good Natural Access from former Sea Street. Parking, paved access, bridge to other side of Quivett Creek YES Paved path is accessible. 6-24-1970 Permanent CR Granted to Commonwealth Of MA 8-30-2004 Doc. 978,472 6 15 INDIAN SPRING CONSERVATION AREA 0 MAIN STREET (2 parcels) 2.220 acres Natural Spring, Pine/Oak Woodlands RM Walking, Birdwatching, Horseback Riding Good Natural Limited, provides access to salt marsh YES Conditions at this site limit accessibility. 3/29/1979 Town funds Town Conservation Land 6 43 0 WING ISLAND 122.600 acres Pine/Oak Woodlands, Beach Saltmarsh RR Hiking, Walking, Birdwatching, Swimming Good Natural High. Trails, beach, upland, salt marsh, mud flats YES Conditions at this site limit accessibility. 6-24-1970 $8,577 Permanent CR Granted to Commonwealth of MA 8-30-2004 Doc. 978,472 8 4 0 SLOUGH ROAD Copelas (2 parcels) 3.845 acres Pine/Oak Woodlands Pondshore RR Walking, Birdwatching, Horseback Riding Good Natural Existing trail network accessed from Mothers Bog parcel, hiking. YES Conditions at this site limit accessibility. 12-12-2019 For Conservation, Watershed Protection, Passive Recreation Permanent CR Held By Brewster Conservation Trust 9 14 HAWK’ S NEST 0 SLOUGH ROAD REAR (Maebelle Ellis) (2 parcels) 28.612 acres Pine/Oak Woodlands RR Hiking, Walking, Birdwatching, Horseback Riding Good Natural Existing trail network accessed from Mothers Bog parcel, hiking YES Accessed through Mothers Bog parcel. No road frontage. Parking at abutting Mothers Bog parcel. No designated handicap spot. 1-26-1999 $65,967 STATE PATHWAYS GRANT Permanent CR Held By Brewster Conservation Trust Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 2 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 9 16 MOTHERS BOG CONSERVATION AREA 0 SLOUGH ROAD REAR (Jay & Melissa Jorgenson) 8.857 acres Pine/Oak Woodlands RR Hiking, Walking, Biking, Birdwatching, Horseback Riding,, Bow Hunting In Season Good Natural Trail network, former bog, un- paved parking area. YES No designated handicap spot. 6-20-2006 $600,000 CPA Funds & STATE SELF HELP GRANT Permanent Wellfield Preservation Restriction Held By Brewster Water Dept. W/ Easement To Brewster Conservation Trust Doc. 1066696 21114/243 LC 1066695 9 23 0 SLOUGH ROAD Elbow Pond (3 parcels) 2.480 acres Pondshore RR Walking, Birdwatching, Fishing, Swimming, Canoeing Good Natural None, busy road, steep slope, no trail, no parking. YES Conditions at this site limit accessibility. 12-05-1955 SB To Cons. Com 3-28-013 Permanent CR Held By Brewster Conservation Trust 3-28-2013 9 51 MEETINGHOUSE ROAD CONSERVATION AREA (WINDRIFT ACRES) OFF SLOUGH ROAD (Copelas) 23.908 Acres Pine/oak Woodlands RR Hiking, Walking, Birdwatching, Horseback Riding, Bow Hunting In Season Good Natural Existing trail network accessed from Mothers Bog parcel YES Accessed through Mothers Bog parcel. No road frontage. Parking at abutting Mothers Bog parcel. 12-12-2019 CPA funds & STATE L.A.N.D GRANT Permanent CR Held By Brewster Conservation Trust 12-16-2019 BK. 32547 PG. 128 9 52 MEETINGHOUSE ROAD CONSERVATION AREA OFF SLOUGH ROAD (Borden-Burks) 27.020 acres Pondshore Pine/Oak Woodlands RR Hiking, Walking, Birdwatching, Horseback Riding, Bow Hunting In Season Good Natural Existing trail network accessed from Mothers Bog parcel YES Accessed through Mothers Bog parcel. No road frontage. Parking at abutting Mothers Bog parcel. 4-6-2018 $432,000 CPA Funds & STATE L.A.N.D. GRANT Permanent CR Held By Brewster Conservation Trust 4-6-2018 BK. 31240 PG. 197 BCT Says 5-2-2018 10 23 MOTHERS BOG CONSERVATION AREA 0 SLOUGH ROAD (BBJ Cranberry Trust/ Russas & Dire) (8 parcels) 51.200 acres Cranberry Bog, Pine/Oak Woodlands RR Hiking, Walking, Birdwatching, Horseback Riding, Bow Hunting In Season Good Natural Trail network, former bog, un-paved parking area. YES Accessed via a dirt road to an informal parking area. No designated handicap spot. Existing trails from former bog and cartpath. 6-20-2006 PHASE 1 $1,525,000 CPA Funds & STATE SELF HELP GRANT & 6-15-2007 PHASE 2 $2,125,000 CPA Funds & STATE SELF HELP GRANT & Dennis Water District contributed $1,000,000 Water Preservation Restriction held by Dennis Water District on 1 parcel, with rest under Permanent CR Held By Brewster Conservation Trust 6-15-2007 Doc. 1,066,695 Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 3 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 11 15 0 SLOUGH ROAD Pine Pond (Edward Donovan) 3.270 acres Pondshore Old Bog RR Walking, Birdwatching, Canoeing, Fishing, Swimming Good Natural Limited. No access, mostly wetlands YES Conditions at this site limit accessibility. 3-1-2007 7-26-2007 Select Board to Cons Com Permanent CR Held By Brewster Conservation Trust 7-26-2007 13 73 RED TOP ROAD (9 parcels) 4.545 acres RL Hiking, Walking, Birdwatching Good Natural No parking, no town maintained trails. YES Conditions at this site limit accessibility. 7-18-1980 For Conservation Purposes 14 28 0 ROCKY HILL ROAD REAR (Heirs Of Joseph Ellis) 2.500 acres Pine/Oak Woodlands RL Walking, Birdwatching Good Natural No access, landlocked. YES Conditions at this site limit accessibility. 1-25-2010 Permanent CR Held By Brewster Conservation Trust 12-17-2010 16 1 QUIVETT MARSH 0 MAIN STREET REAR (Heirs Of Rufus Clark) 0.401 acres Saltmarsh RM Walking, Birdwatching Good Natural Mostly wetland, no trails YES Conditions at this site limit accessibility. 11-19-2010 Select Board To Cons Com Art 23 May 2011 TM For Conservation & Recreation Purposes 5-19-2011 Permanent CR held by Brewster Conservation Trust 5-19-2011 16 2 QUIVETT MARSH VISTA CONSERVATION AREA 0 MAIN STREET (Addison Pratt) (2 parcels) 3.837 acres Meadow, Maple Swamp & Parking Area RM/RR Hiking, Walking, Birdwatching Meadow and maple swamp Good Natural Established parking area, accessible viewing platform with benches, trails. YES Parking with handicap parking space, accessible boardwalk to seating/viewing area. 6-22-2009 $300,000 CPA Funds & Funds from Dennis Conservation Trust & STATE L.A.N.D. GRANT Permanent CR Held By Brewster Conservation Trust 6-22-2009 16 15 0 MAIN STREET REAR (Barry Manuel & Murray Freed) (2 parcels) 2.100 acres Saltmarsh RM/VB Walking, Birdwatching Good Natural No trails or access. YES Conditions at this site limit accessibility. 9-6-2001 Select Board To Cons Com 7-15-2013 Permanent CR Held By Brewster Conservation Trust 7-15-2013 27541/43 16 33 0 MAIN STREET (Abuts Candlestick Lane) 1.000 acres Pine/Oak Woodlands RM Walking, Birdwatching Good Natural No trails or access. YES Conditions at this site limit accessibility. 12-1-1987 To Cons Com for Conservation & Passive Recreation ART 31 TM 5-4-2009 Permanent CR held by Brewster Conservation Trust 5-20-2009 Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 4 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 20 2 PUNKHORN PARKLANDS CONSERVATION AREA (56 parcels) 377.090 acres Pine/Oak Woodlands Includes access to Slough, Walkers and Upper Mill Ponds, with a Landing at Upper Mill Pond RR Walking, Hiking, Biking, Birdwatching, Horseback Riding, Swimming, Boating. Fishing, Boat access/ramp and DNR storage building (10x16) Good Natural Informal access to many established trails for hiking and nature study. YES Conditions at this site limit accessibility. Town acquisitions in 1986 and 1987 Town Conservation Land 20 33 PUNKHORN PARKLANDS CONSERVATION AREA 0 BLACK DUCK CARTWAY Walkers Pond (Krawitz) 6.395 acres Pondshore, Pine/Oak Woodlands RR Walking, Hiking, Birdwatching, Horseback Riding Swimming, Canoeing Good Natural No formal trails. YES Conditions at this site limit accessibility. 12-22-2004 Land Bank Funds $325,000 Permanent CR Held By Brewster Conservation Trust 1-24-2008 LC Doc. 1,081,503 20 36 PUNKHORN PARKLANDS CONSERVATION AREA (20 parcels) 119.397 acres Pine/Oak Woodlands Shrub Swamp & Maple Swamp RR Walking, Hiking, Biking, Birdwatching, Horseback Riding Good Natural Many trails through uplands. Informal parking. YES Conditions at this site limit accessibility. Town acquisitions in 1986 and 1987 Permanent CR Held By Brewster Conservation Trust 9-26-2018 25 14 A P NEWCOMB ROAD (Manuel Barry & Murray Freed) 1.200 acres Old Bog RL Walking, Birdwatching Good Natural Undeveloped woodlands, no trails YES Conditions at this site limit accessibility. 9-6-2001 To Cons Com 7-15-2013 Permanent CR Held By Brewster Conservation Trust 7-15-2013 7-8-2013 27541/43 26 11 0 MAIN STREET REAR (Ahlstrom) 3.290 acres Pine/Oak Woodlands Abuts Saltmarsh RR Walking, Hiking, Birdwatching, Good Natural Trails to the bay Limited access YES Located down a right of way/driveway. No trails on site. Limited access. 12-28-2001 $280,000 Land Bank Funds & STATE SELF HELP GRANT Permanent CR Held By Brewster Conservation Trust 5-23-2003 Doc. 920,219 26 12 0 MAIN STREET REAR (Ahlstrom) 1.900 acres Pine/Oak Woodlands RM Walking, Birdwatching, Good Natural Limited access YES No road frontage, no trails on site. Limited access 10-31-2002 STATE SELF HELP GRANT Charitable Trust for Conservation in Deed Permanent CR Held By Brewster Conservation Trust Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 5 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 26 31 CEDAR RIDGE RESERVE CONSERVATION AREA 0 MAIN STREET REAR Abuts Drummer Boy Park (Eldredge) 3.105 acres Cedar Grove, Coastal Bank RM Walking, Birdwatching, Good Natural Informal trail through parcel. YES Adjacent to Town Drummer Boy Park with paved trails, existing unimproved trail connection. Accessible parking at Drummer Boy with handicap spot. 12-31-2014 $500,000 CPA Funds & STATE L.A.N.D. GRANT Permanent CR Held By Brewster Conservation Trust 12-29-2014 26 39 John & Kristi Hay Trail CONSERVATION AREA 0 PINE HILL DRIVE (Stranahan) 9.837 acres Pine/Oak Woodlands RM Walking, Hiking, Birdwatching, Horseback Riding John & Kristi Hay Trail Good Natural Two car parking area at trail head, well maintained trails for hiking, nature study YES Two parking spaces on a private road. No designated handicap spot. Trail is steep and unimproved. 1-31-2008 $1,200,000 CPA Funds & STATE L.A.N.D GRANT 22640/262 Permanent CR Held By Brewster Conservation Trust 1-31-2008 Bk. 22640/264 29 3 PUNKHORN PARKLANDS CONSERVATION AREA 8.300 acres RR Walking, Hiking, Biking, Birdwatching, Horseback Riding Good Natural No hiking trails in this area of the larger conservation parcel. YES Conditions at this site limit accessibility. 12-28-1988 Town Conservation Area 31 6 PUNKHORN PARKLANDS 200 WEST GATE ROAD MATOTT HOUSE 12.300 acres Pine/Oak Woodlands Old Bog RR Walking, Hiking, Birdwatching, Horseback Riding Good Natural Limited as there is a town-owned residence on this parcel YES Conditions at this site limit accessibility. 5-15-1987 Town Conservation Land Includes the Matott House Used To House Americorps/ Summer Staff 32 16 PUNKHORN PARKLANDS CONSERVATION AREA 0 RUN HILL RD 23.000 acres Pine/Oak Woodlands RR Walking, Hiking, Birdwatching, Horseback Riding Good Natural Well established trails and cartpaths, two trail heads with parking. YES Conditions at this site limit accessibility. 7-31-1986 $951,700 STATE SELF HELP GRANT LC doc.40690 LCP 38761A Permanent CR Held By Brewster Conservation Trust (107458) 32 17 PUNKHORN PARKLANDS CONSERVATION AREA 0 RUN HILL RD 2.700 acres Pine/Oak Woodlands Wetland RR Walking, Hiking, Birdwatching, Horseback Riding Good Natural Small wetland within another conservation area, no trails YES Conditions at this site limit accessibility. 7-31-1986 STATE SELF HELP GRANT Doc. 406901 LCP 38761A Permanent CR Held By Brewster Conservation Trust 34 65 0 LOWER MILL POND Bird Sanctuary 2.000 acres RR Walking, Birdwatching Good Natural Provides water access between two great ponds via small non powered watercraft YES Conditions at this site limit accessibility. 1-6-1976 Bk. 2284 Pg. 032 Bird Sanctuary Per Public Trust Town Conservation Land Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 6 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 36 39 0 MAIN STREET (2 parcels) 2.690 acres RM Walking, Birdwatching Good Natural No formal access. Protects shore and buffer to a small kettle pond YES Conditions at this site limit accessibility. 5-3-1978 2699-149 Town Conservation Land 37 23 0 PAINES CREEK 3.100 acres RM Walking, Birdwatching Good Natural Mostly wetlands, no trails YES Conditions at this site limit accessibility. 11-6-1982 3605-195 Town Conservation Land 37 45 0 LOWER ROAD 5.700 acres RM Walking, Birdwatching Good Natural No trails, some wetlands YES Conditions at this site limit accessibility. 12-4-1981 3409-18 Town Conservation Land 37 60 BETTY’S CURVE CONSERVATION AREA 1009 MAIN STREET Old Trailer Park (Nevin) 1.000 acres Meadow VB Walking, Birdwatching Good Natural Once runoff is contained a detention basin-rain garden and benches may be installed here and on other parcel. YES Flat site, handicap parking at adjacent shopping center, informal parking along road layout, Picnic benches in season, hard surface (lawn) provides access. 4-8-2005 $617,300 Land Bank Funds 19705-79 22621/1 Permanent CR Held By Brewster Conservation Trust 1-24-2008 Bought to provide area curtail run-off that was entering Stony Brook Herring Run and adjacent Brackish Marsh 37 92 BETTY’S CURVE CONSERVATION AREA 1008 MAIN STREET Jolly Whaler Motel (Nevin) 1.220 acres Meadow VB Walking, Birdwatching Good Natural Once runoff is contained a detention basin-rain garden and benches may be installed here and on other parcel YES Flat site, handicap parking at adjacent shopping center, informal parking along road layout, Picnic benches in season, hard surface (lawn) provides access. 4-8-2005 $327,700 Land Bank Funds 19705-079 22621/1 Permanent CR Held By Brewster Conservation Trust 1-24-2008 Bk. 22621 Pg. 1 Bought to provide area curtail run-off that was entering Stony Brook Herring Run and Paine’s Creek 37 94 0 MAIN STREET (From Nevin) 1.000 acres Brackish Marsh Called “Dark Swamp” RM Birdwatching Good Natural Salt marsh YES Conditions at this site limit accessibility. 4-8-2005 19705-087 BCT CR 1-24-2008 Permanent CR Held By Brewster Conservation Trust 1-24-2008 38 44 0 LANTERN LANE 4.500 acres RM Walking, Birdwatching Good Natural No trails on this parcel YES Conditions at this site limit accessibility. 12-19-19917800-73 Town Conservation Land 41 14 PUNKHORN PARKLANDS CONSERVATION AREA 0 SQUANTUM PATH 2.900 acres Pine/Oak Woodlands RR Walking, Hiking, Birdwatching Horseback Riding Good Natural No trails on this parcel, abuts larger conservation parcels. YES Conditions at this site limit accessibility. 3-11-1996 10094-237 5-20-2009 23717-259 Permanent CR Held By Brewster Conservation Trust 5-20-2009 Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 7 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 48 10 0 BRIER LANE 11.180 acres RM Walking, Hiking, Birdwatching Good Natural No parking area or trails YES Conditions at this site limit accessibility. 3-1-1974 2008-302 Town Conservation Land 54 20 0 HAZEL LANE REAR (Edward Dembrowski, Jr) 0.560 acres Cranberry Bog/Maple Swamp RR/RM Walking, Birdwatching Good Natural Landlocked, no access, no trails YES Conditions at this site limit accessibility. 4-18-2008 22842-27 12-17-2008 23318-299 Conservation & Passive Recreation TM 11-17-2008 Article 9 Permanent CR Held By Brewster Conservation Trust 12-16-2008 56 62 0 LONG POND ROAD 15.220 acres RM Walking, Hiking, Birdwatching, Horseback Riding Good Natural Potential future park, no trails at present YES Conditions at this site limit accessibility. 6-5-1979 2928-171 Town Conservation Land 63 32 SHEEP POND WOODLANDS CONSERVATION AREA 0 GULLS WAY 3.000 acres Pine/Oak Woodlands RR Walking, Hiking, Birdwatching, Horseback Riding, Good Natural Landlocked, no access, no trails YES Conditions at this site limit accessibility. 12-15-87 6063-294 1-21-98 11179-043 5-20-2009 23717/259 Permanent CR Held By Brewster Conservation Trust 5-20-2009 23717/259 65 68 SHEEP POND WOODLANDS CONSERVATION AREA 0 LONG POND ROAD REAR/ 0 GULLS WAY (Glenn Rowley) (3 parcels) 20.934 acres Pine/Oak Woodlands Old Bog Pondshore with landing Also abuts large State parking lot for Cape Cod Rail Trail RR Walking, Hiking, Birdwatching, Biking, Horseback Riding, Fishing, Swimming, Canoeing Good Natural Existing cart paths provide hiking and water access to Sheep Pond YES Gulls Way – flat and unpaved, might be wheelchair accessible. Adjacent to State Bike Trail paved parking area with accessible parking. Specific handicap spot. 1-18-2002 $1,255,800 14717/150 STATE SELF-HELP GRANT 19857/153 FED LWCF Phase 1 Permanent CR Held By Brewster Conservation Trust 7-11-2002 Bk. 15352 Pg. 311 65 70 SHEEP POND WOODLANDS CONSERVATION AREA 0 LONG POND ROAD REAR (Glenn Rowley) (5 parcels) 24.424 acres Pine/Oak Woodlands Old Bog Pondshore with landing Also abuts large State parking lot for Cape Cod Rail Trail RR Walking, Hiking, Biking, Birdwatching, Horseback Riding, Fishing, Swimming, Canoeing Good Natural Access to larger conservation area with cartpaths leading to Sheep Pond, adjacent to Cape Code Rail Trail and its public parking area YES Gulls Way – flat and unpaved, might be wheelchair accessible. Adjacent to State Bike Trail paved parking area with accessible parking. Specific handicap spot. 1-12-2004 $1,522,200 18117/098 STATE SELF-HELP GRANT 19857/153 FED LWCF Phase 2 Permanent CR Held By Brewster Conservation Trust 1-24-2004 19421/26 Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 8 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 67 75 0 STONEHENGE DRIVE (abuts Town Hall driveway) 1.120 acres RM Walking, Birdwatching Good Natural Mostly wetlands, no trails YES Conditions at this site limit accessibility. 9-3-1982 3550-340 Town Conservation Land 68 105 HARDEN-CHAPMAN PRESERVE 0 MAIN STREET 3.570 acres Pine/Oak Woodlands RM Walking, Birdwatching Good Natural No trails, some wetlands YES Conditions at this site limit accessibility. NO DATE 1136-194 Town Conservation Land 75 46 SHEEP POND WOODLANDS CONSERVATION AREA 0 LONG POND ROAD (Herbert Bruch) (2 parcels) 33.173 acres Beech, Pine/Oak Woodlands Pondshore RR Walking, Hiking, Horseback Riding, Birdwatching, Fishing Good Natural Access to larger conservation area with cartpaths leading to Sheep Pond, adjacent to Cape Code Rail Trail and its public parking area YES Gulls Way – Flat And Unpaved Might Be Wheelchair Accessible; trails and cartpaths are not. 12-17-1999 $600,000 12728-111 STATE SELF-HELP GRANT 13133/179 Permanent CR Held By Brewster Conservation Trust 12-30-2013 27910/334 84 22, Portion Of 53 LONG POND WOODLANDS CONSERVATION AREA OFF ROUTE 137 (Robinson) 40.413 acres Beech, Pine/Oak Woodlands, Pondfront view RM /RR Walking, Hiking, Birdwatching, Horseback Riding, Good Natural Two parking spaces, loop trail for hiking, no established path to Long Pond frontage due to steep slope. YES Conditions at this site limit accessibility. 5-7-2019 $1,760,000 (219327) STATE L.A.N.D. GRANT Permanent CR Held By Brewster Conservation Trust 5-7-2019 LC doc. 1,369,469 85 43 0 LONG POND ROAD 5.800 acres Pine/Oak Woodlands abuts Orenda Conservation Area RM Walking, Hiking, Birdwatching Good Natural No established paths through this parcel. YES Conditions at this site limit accessibility. 12-23-1993 8965-308 Town Conservation Land 90 170 0 MAIN STREET (4 parcels) 1.937 Acres RM Walking, Birdwatching Good Natural No established trails. YES Conditions at this site limit accessibility. 9-10-1976 (68424) Town Conservation Land 93 41 0 LONG POND ROAD/ ROUTE 137 (Lisa Santarello) 3.690 acres Beech, Pine/Oak Woodlands RM Walking, Birdwatching Good Natural No established trails. YES Conditions at this site limit accessibility. 7-15-2015 $140,000 29014-73 Permanent CR Held By Brewster Conservation Trust 7-15-2015 94 83 0 MCGUERTY ROAD Abuts Field/Kelley (Helen Priebe) 1.370 acres Pine/Oak Woodlands RR Walking, Birdwatching Good Natural Part of an existing trail network through mostly water department lands. YES This site is not considered suitable for handicap access. 2-12-2008 22665-94 7-24-2008 23059-330 Permanent CR Held By Brewster Conservation Trust 7-24-2008 Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 9 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 94 94 WHITEGATE FARM CONSERVATION AREA 0 LONG POND ROAD (Alison Davis-Hilbert) 8.005 acres Pine/Oak Woodlands RL Walking, Hiking, Birdwatching, Trail leads to Water Dept. land Good Natural Existing trails accessed through water department lands. YES No road frontage. Trail from adjacent parcels crosses this parcel. Parking on adjacent Water Department lands. No designated handicap spot. 1-17-2003 $350,000 Land Bank funds 16260-024 STATE SELF-HELP GRANT 17098/261 Permanent CR Held By Brewster Conservation Trust 10-8-2003 17768/1 94 102 0 LONG POND ROAD REAR (James & Judith Crystaloski) 5.360 acres Pine/Oak Woodlands RL/RR Walking, Hiking, Birdwatching, Good Natural Existing trails accessed through water department lands. YES Conditions at this site limit accessibility. 1-24-2008 $69,680 22621-240 CPA Funds Permanent CR Held By Brewster Conservation Trust 4-6-2-2010 Purchased for wellfield protection 24468-241 97 21 0 MILLSTONE ROAD 3.210 acres RM Walking, Birdwatching Good Natural No established trails. YES Conditions at this site limit accessibility. 4-16-1974 2026-320 Town Conservation Land 102 17 SPRUCE HILL CONSERVATION AREA 0 MAIN STREET (Castiglione) (3 parcels) 24.531 acres Pine/Oak Woodlands Beach RM Walking, Hiking, Birdwatching, Horseback Riding, Boardwalk Leads to stairs and salt water beach Beach-Swimming Good Natural Walking, Hiking, Birdwatching, Horseback Riding, Boardwalk Leads to stairs and salt water beach Beach-Swimming YES Unimproved parking and no designated handicap spot. Old cartpath leading north towards Cape Cod Bay over 1/3 mile away 2-4-1986 (105228) FED LWCF GRANT LC Doc. 405150 STATE SELF- HELP GRANT Doc. 391033 Town Conservation Land Has Building by Main Street currently vacant. . 105 13 ABUTS CAPTAINS GOLF COURSE 0 MID CAPE HIGHWAY 0.200 acres Pine/Oak Woodlands, Pondshore RR Walking, Birdwatching Good Natural none YES Conditions at this site limit accessibility. 5-14-2003 16912-243 Permanent CR Held By BCT 1-3-2011 106 5 0 LONG POND ROAD REAR 5.800 acres Pine/Oak Woodlands RR Walking, Hiking, Horseback Riding, Hunting Good Natural Existing trail network through mostly water department lands. YES Conditions at this site limit accessibility. 9-13-86, 5243-68 10-21-91 7719-273 10-30-2013 27791-228 Watershed Protection, Public Water Supply Development, Passive Recreation Per Special TM Art 15-29-2012 Permanent CR Held By Brewster Conservation Trust 107 41 0 FREEMANS WAY (Naumkeag- Peter Copelas) (2 parcels) 28.505 acres Pine/Oak Woodlands RR Walking, Hiking, Horseback Riding, Hunting Good Natural Existing trail network through mostly water department lands. YES Adjacent to State Park with trail head, accessible parking. 3-13-2014 $660,000 28029-275 CPA funds State Grant Permanent CR Held By Brewster Conservation Trust 3-13-2014 Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 10 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 115 51 0 CAPE COD BAY 6.400 acres 10-3-90 RR Walking, Birdwatching Good Natural Salt marsh (Namskaket Marsh ACEC) YES Conditions at this site limit accessibility. 10-3-1990 7312-268 Town Conservation Land 116 1 0 Mitchell Lane 2.380 acres RR Walking, Birdwatching Good Natural Salt marsh (Namskaket Marsh ACEC) YES Conditions at this site limit accessibility. 3-1-1974 2008-305 Town Conservation Land 119 1-8644 ABUTS CAPTAINS GOLF COURSE 0 FREEMANS WAY 10.798 acres Pine/Oak Woodlands RR Walking, Hiking, Birdwatching Good Natural No existing trails YES Conditions at this site limit accessibility. 5-10-1996 10179-001 Town Conservation Land 119 1-B ABUTS CAPTAINS GOLF COURSE 0 WHITE ROCK ROAD (William Marsh, Trustee) 2.340 acres Pine/Oak Woodlands, Pondshore No frontage RR Walking, Birdwatching Good Natural No existing trails. YES Conditions at this site limit accessibility. 12-31-1997 $1,144,979 11147-037 5-26-1998 (713350) Permanent CR Held By Brewster Conservation Trust 1-3-2011 119 1-E ABUTS CAPTAINS GOLF COURSE 0 MID CAPE HIGHWAY (William Marsh) 0.735 acres Pine/Oak Woodlands, Pondshore RR Walking, Birdwatching Good Natural No existing trails YES Conditions at this site limit accessibility. 12-31-1997 $1,144,979 11147-037 5-26-1998 (713350) Permanent CR Held By Brewster Conservation Trust 1-3-2011 119 1-D ABUTS CAPTAINS GOLF COURSE (William Marsh) 19.900 acres Pine/Oak Woodlands RR Walking, Birdwatching Good Natural No existing trails YES Conditions at this site limit accessibility. 12-31-1997 $1,144,979 11147-037 5-26-1998 (713350) Town Conservation Land 119 1-C ABUTS CAPTAINS GOLF COURSE 0 UNCLE SETH’S CARTWAY 23.420 acres Pine/Oak Woodlands RR Walking, Hiking, Birdwatching, Horseback Riding Good Natural No existing trails YES Conditions at this site limit accessibility. 12-31-1997 $1,144,979 11147-037 5-26-1998 (713350) Town Conservation Land 127 37 0 CAPE COD BAY (3 parcels) 168.050 acres Saltmarsh RM/RR Walking, Birdwatching Good Natural Salt marsh (Namskaket Marsh ACEC) YES Conditions at this site limit accessibility. 12-19-1976 1387-437 7-15-2013 27541-43 Permanent CR Held By Brewster Conservation Trust 7-8-2013 27541/43 Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 11 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 132 34 MID CAPE HIGHWAY 0 UNKNOWN (3 parcels) 7.500 acres Pine/Oak Woodlands I Walking, Birdwatching Good Natural No trails. YES Conditions at this site limit accessibility. 10-3-1990 7312-268 Town Conservation Land 133 13 0 STATE PARK 1.300 acres Pine/Oak Woodlands RR Walking, Birdwatching Good Natural Adjacent to Nickerson State Park and Dream Day camp YES Conditions at this site limit accessibility. 9-10-1970 1484-90 Town Conservation Land 135 4 BAKERS POND CONSERVATION AREA HIGGINS POND ROAD 0 NSP REAR (3 parcels) 9.220 acres Pine/Oak Woodlands RR Walking, Hiking, Birdwatching, Horseback Riding Good Natural Part of the Bakers Pond conservation area. No trails on this piece. YES Open area for parking in Brewster. No delineated handicap spot. There is a formal parking area with a handicap spot in Orleans, connecting to these trails. 12-1-1987 6043-112 Permanent CR Held By Brewster Conservation Trust 11-7-2011 136 8 BAKERS POND CONSERVATION AREA 0 BAKERS POND ROAD (4 parcels) 49.660 acres Pine/Oak Woodlands RR Walking, Hiking, Birdwatching, Horseback Riding Good Natural Established trail system. Informal parking, larger lot in Orleans portion of Bakers Pond Conservation Area. YES Open area for parking in Brewster. No delineated handicap spot. There is a formal parking area with a handicap spot in Orleans, connecting to these trails. 11-9-79 3012-44 7-15-13 Permanent CR Held By Brewster Conservation Trust 5-20-2013 27387/108 137 51 BAKERS POND CONSERVATION AREA BAKERS POND CONSERVATION AREA (7 parcels) 30.970 acres Pine/Oak Woodlands RR Walking, Hiking, Birdwatching, Horseback Riding Good Natural No established trails north of Olde Owl Pond Road. YES Open area for parking in Brewster. No delineated handicap spot. There is a formal parking area with a handicap spot in Orleans, connecting to these trails. ATM 5-9-88 ART 55 Conservation, passive recreation and watershed protection pursuant to chapter 40 sec. 86 11-15-1988 6519-069 Town Conservation Land Appendix D. Inventory of Lands of Conservation and Recreation Interest October 2022 12 LANDS OWNED AND MANAGED BY THE BREWSTER CONSERVATION COMMISSION MAP LOT PROPERTY NAME/ STREET NAME ACRES/SF VEGETATION ZONE CURRENT USE CONDITION (GOOD, FAIR, POOR) RECREATION POTENTIAL PUBLIC ACCESS / NO FEE ADA ACCESS ACQUISITION DATE/ PUBLIC OR OTHER GRANT LEVEL OF PROTECTION 144 44 0 ROUTE 39 REAR 11.332 acres Pine/Oak Woodlands, Pondshore RR/I Walking, Hiking, Birdwatching, Horseback Riding Good Natural Access through power lines, adjacent to other conservation areas. Yes Conditions at this site limit accessibility. 9-30-1992 8227-242 11-3-2003 17879-109 5-19-2011 To Cons Com 25456-86 To Preserve In Natural State And for Passive Recreation Permanent CR Held By Brewster Conservation Trust 5-19-2011 144 65 READ KINGSBURY CONSERVATION AREA WOOD DUCK ROAD 0 RUDDY DUCK ROAD (Jackson) 3.040 acres Pine/Oak Woodlands RR Walking Hiking, Birdwatching, Good Natural Trail network, limited parking. YES Conditions at this site limit accessibility. 2-14-2012 CPA funds & Funds from Town of Orleans Permanent CR granted to Town of Orleans Water Protection District 3-8-2012 26204/331 145 33 ORLEANS TOWN LINE 2.000 acres RR Walking, Hiking, Birdwatching Good Natural No access, no trails YES Conditions at this site limit accessibility. Tax Title to Cons Com. 11-13-2002 15905-015 Permanent CR Held By BCT 12-17-2010 145 27 READ KINGSBURY CONSERVATION AREA 0 WOOD DUCK ROAD (Mathews) (2 parcels) 22.562 acres Pine/Oak Woodlands RR Walking, Hiking, Birdwatching, Good Natural Trail network, limited parking YES Small parking area down right of way. Steep access road to site. 12-17-2010 $750,000 CPA funds 25098-236 STATE L.A.N.D. GRANT & Funds from Town of Orleans With Land Court Easement 12-29-1998 Town of Orleans Water Protection Restriction 221474 146 9 ABUTS NSP 0 MID CAPE HIGHWAY 9.070 acres Pine/Oak Woodlands, Shrub Swamp RR Walking, Hiking, Horseback Riding Good Natural Adjacent to Nickerson State Park, near highway. No trails. YES Conditions at this site limit accessibility. 11-9-1979 3012-44 5-20-2009 23717-259 Permanent CR Held By Brewster Conservation Trust 5-20-2009 Charles D. Baker Governor Karyn E. Polito Lieutenant Governor Kathleen A. Theoharides Secretary Martin Suuberg Commissioner This information is available in alternate format. Contact Glynis Bugg at 617-348-4040. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper April 27, 2022 Daniel McKiernan, Director Massachusetts Division of Marine Fisheries 251 Causeway Street Suite 400 Boston, MA 02114 Dear Director McKiernan, I am pleased to announce that MassDEP has recently adopted (and attached) a new policy to help the Massachusetts Division of Marine Fisheries (DMF) improve fish runs and protect marine fisheries. The Wetlands Program Policy: Diadromous Fisheries Stream Management responds to concerns raised by DMF regarding the need for performance standards to prevent impediments to fish migration, maintain stream flows within fish runs, and preserve spawning or nursery habitats. The policy incorporates the 2016 DMF Stream Maintenance Protocols and provides further guidance for conservation commissions when reviewing stream maintenance projects to improve fish runs. The policy provides standards of review commensurate with the level of activity proposed in stream channels. The policy encourages minor stream maintenance efforts to protect marine fisheries, including elimination of obstructions to improve surface flows, reduction of debris jams, and promotion the natural scour function of streams to reduce invasive plant growth. Special thanks to Brad Chase of your staff for his assistance in the development of this policy. I anticipate that this policy will provide the necessary guidance for conservation commissions to help expedite DMF’s effort to improve fish runs in the 46 coastal communities, and approximately 150 diadromous fish runs, in the Commonwealth. Sincerely, Lisa Rhodes Wetlands Program Chief Wetlands Program Policy: Diadromous Fisheries Stream Management Effective Date: April 25, 2022 Wetlands Program Policy 22-01 (BWR/WP 22-1) Program Applicability: All Boston and Regional BWR Programs, Municipal Conservation Commissions, and Division of Marine Fisheries Diadromous Fisheries Program. Supersedes Policy: None Approved by: Stephanie Moura, Director - Wetlands and Waterways Division Purpose: This policy sets forth the Department's standards for stream maintenance associated with Massachusetts Division of Marine Fisheries (DMF) sponsored diadromous fisheries. Statutory and Regulatory Background MGL c. 131, s. 40: Wetlands Protection Act (“Act”) and 310 CMR 10.00. M.G.L Chapter 130 §19 Marine Fish and Fisheries Diadromous Fisheries Management MassDEP supports the maintenance of anadromous/catadromous (diadromous) fish runs which are significant to the protection of marine fisheries, an interest protected under the Wetlands Protection Act (M.G.L Chapter 131 §40). The DMF is authorized pursuant to M.G.L Chapter 130 §19 to maintain passageways for diadromous fish in the Commonwealth of Massachusetts. DMF routinely provides related guidance to property owners and municipalities on the proper methods for maintenance of stream channels to allow safe and efficient fish passage. Standards of Review Banks of or Lands that underlie a diadromous fish run are significant to the protection of marine fisheries (310 CMR 10.35). Any project on such banks or land shall not have an adverse effect on the fish run by: 1) impeding or obstructing the migration of fish, 2) changing the volume or rate of flow of water within the fish run, or 3) impairing the capacity of such banks or land in providing spawning or nursery habitats necessary to sustain the various life stages of the fish. Historically, stream channel maintenance was typically conducted by municipal herring wardens and had been limited to hand cutting vegetation and debris removal that offered enough relief from channel obstructions to allow fish passage. More recently, incentives and municipal funding for herring wardens have diminished, contributing to a loss of continuity and familiarity with stream maintenance practices. This loss of consistent stream maintenance has led to the obstruction of passageways in some rivers caused by native and invasive vegetation overgrowth, sedimentation, and jams caused by debris and tree falls. DMF has developed standards for stream channel maintenance to provide safe and efficient passage for diadromous fish. In general, these standards recommend Fall (October to mid-December) and Winter (February to mid-March) inspections of stream channels. Streams that are prone to debris accumulation should be inspected on a more frequent basis. Significant obstructions or impediments to the fish run can be removed during the spring diadromous migratory period following consultation with DMF. MassDEP has determined that certain stream maintenance activities are beneficial to the protection of marine fisheries. This Policy sets forth the different levels of review, deemed necessary by MassDEP, for the stream maintenance activities, depending on the scale of the project: 1. Two types of stream channel maintenance projects should be considered to have negligible wetland impacts. A. First are projects that include work done by hand, or by means of hand tools (e.g., saws/clippers). Such projects include the removal of debris, tree fall jams, or other vegetative obstructions to fish migration to improve stream flow and to enhance spawning or nursery habitats. Any dead wood that is part of a debris jam should be placed where the water meets the bank to provide bank structure and habitat. Stream channel maintenance measures are limited to Banks of or Land under streams that underly an Anadromous/Catadromous Fish Run. B. Second are projects that involve maintenance of existing fishway structures. This maintenance would include fixing boards in weirs, patching and pointing repairs of concrete fish channels, or other minor repairs to fish ladders. These activities would likely result in no impacts to the wetland resource areas. Provided the projects outlined in paragraphs A & B comply with the Stream Maintenance Criteria listed in this Policy, the activities should be considered as having negligible impacts and may proceed without additional review under the WPA. 2. Stream channel maintenance work to improve fish runs that involves replacement of existing small wood or aluminum fish ladders, repair of concrete fish ladders, or other activities designed to improve stream flow and fish passage, and do not require substrate excavation, should be reviewed under a Request for Determination of Applicability. In general, MassDEP supports these maintenance projects because they contribute to the protection of fisheries without foreseeable alterations to wetland resources. The MassDEP presumes these activities will further the goals of this policy provided the conservation commission agrees that the activity constitutes work to an existing structure identified in DMF’s published survey of diadromous fish passages and the project otherwise complies with the Stream Maintenance Criteria listed in this Policy. 3. MassDEP recommends that a Restoration Notice of Intent be filed for stream channel projects involving new construction, reconstruction, and/or replacement of fish ladders (other than existing wood ladders), in-stream dredging, or other activities involving the use of heavy equipment. Stream Maintenance Criteria: MassDEP supports diadromous fisheries stream channel maintenance provided the following criteria are met: • The work is undertaken by DMF, DMF is a cooperating agency for the work, or the work is directly supervised by DMF. • Work is undertaken pursuant to a DMF-approved Stream Management Plan. • Written notice to the conservation commission is provided 30 days prior to the work and DMF addresses reasonable requests related to the project. • The work is subject to time-of-year restrictions of April 1 to May 31 for river herring runs and March 1 to May 31 for locations with brook trout or rainbow smelt present unless otherwise allowed in a specific DMF-approved fisheries management plan for a particular watercourse or to remove a significant obstruction to fish passage following DMF approval. • The project is designed to maintain stream flow sufficient to sustain diadromous fish passage and promote stream heterogeneity (e.g., stream riffles) and channel morphology. • Live vegetation removal is limited to mid-channel rooted vegetation or snag debris that threatens to reduce water flow or impede fish passage, or that has the potential to reduce water flow or impede fish passage with further growth and debris accumulation. Root masses in the stream channel can be considered for removal if their continued growth could threaten fish passage or encourage channel braiding. • In-channel maintenance is limited to the removal of trash, debris and tree falls that can directly impede and block fish passage. • Any realignment of displaced stones at existing weirs provides backwater shallow channels to assist fish passage. • All stream maintenance is conducted by hand (i.e., saws and clippers). • Cutting of riparian vegetation and stream canopy is minimized to preserve overhanging branches which shade the stream channel, moderate stream water temperatures, and inhibit algal growth. • Stream bank growth is preserved, or minimally disturbed, except in rare cases such as the uprooted trunks of large caliper trees that can destabilize and erode banks leading to diversions from main stem flow. • Mowing of stream banks is prohibited. • Removal of dead vegetation debris is limited to that which impedes fish, impinges fish, or encourages additional accumulation of stream obstructions. Logs or stumps within stream banks may enhance river habitat and should be altered only as necessary to provide fish passage. Strategic bank and near-bank placement of woody debris instead of removal should be considered in all stream maintenance plans. Stephanie Moura Director Wetlands and Waterways Division Massachusetts Division of Marine Fisheries May-22 Massachusetts Towns with Diadromous Fish Runs Source: DMF Diadromous Fish Restoration Priority List River Town Watershed Note: Beaver Brook Abington Taunton River The town list is based on the DMF priority list of fishway structures in coastal Massachusetts. Acushnet River Acushnet Buzzards Bay A few towns that border diadromous fish runs but don't have structures may not be on this list. Back River Amesbury Merrimack River The list will be updated in 2022 to include these bordering towns. If you have questions in the Powwow River Amesbury Merrimack River meantime, please contact DMF's Diadromous Fish Project Leader, Brad Chase, at Shawsheen River Andover Merrimack River brad.chase@mass.gov Bumps River Barnstable Cape Cod Centerville River Barnstable Cape Cod Halls Creek Barnstable Cape Cod Little River Barnstable Cape Cod Marston Mills River Barnstable Cape Cod Mill Pond Barnstable Cape Cod Rushy Marsh Pond Barnstable Cape Cod Skunknett River Barnstable Cape Cod Stewarts Creek Barnstable Cape Cod Wequaquet Lake Barnstable Cape Cod Bass River Beverly North Coastal Chubb Creek Beverly North Coastal Concord River Billerica Merrimack River Charles River Boston Boston Harbor Mystic River Boston Boston Harbor Bourne Pond Brook Bourne Buzzards Bay Monument River Bourne South Coastal Pocasset River Bourne Cape Cod Red Brook Bourne Cape Cod Penn Brook Boxford Parker River Farm River Braintree Boston Harbor Fore River Braintree Boston Harbor Hayward Creek Braintree Boston Harbor Smelt Brook Braintree Boston Harbor Massachusetts Division of Marine Fisheries May-22 Massachusetts Towns with Diadromous Fish Runs Source: DMF Diadromous Fish Restoration Priority List River Town Watershed Note: Sunset Lake Braintree Boston Harbor Cobbs Pond Brewster Cape Cod Stony Brook Brewster Cape Cod Taunton River Bridgewater Taunton River Town River Bridgewater Taunton River Beaver Brook Brockton Taunton River Parker River Byfield Parker River Wankinco River Carver Buzzards Bay Frost Fish Creek Chatham Cape Cod Lovers Lake Chatham Cape Cod Muddy Creek Chatham Cape Cod Stillwater Pond Chatham Cape Cod Chilmark Pond Chilmark Islands Gay Head Creek Chilmark Islands Little Harbor Cohasset South Coastal Crane River Danvers North Coastal Paskamanset River Dartmouth Buzzards Bay Bass River Dennis Cape Cod Fresh Pond Dennis Cape Cod Quivett Creek Dennis Cape Cod Sesuit Creek Dennis Cape Cod Swan Pond River Dennis Cape Cod Weir Creek Dennis Cape Cod Muddy Cove Brook Dighton Taunton River Segreganset River Dighton Taunton River Three Mile River Dighton Taunton River Bluefish River Duxbury South Coastal Island Creek Duxbury South Coastal West Brook Duxbury South Coastal Massachusetts Division of Marine Fisheries May-22 Massachusetts Towns with Diadromous Fish Runs Source: DMF Diadromous Fish Restoration Priority List River Town Watershed Note: Meadow Brook East Bridgewater Taunton River Satucket River East Bridgewater Taunton River Stump Brook East Bridgewater Taunton River Ten Mile River Attleboro Narragansett Bay Herring Brook Eastham Cape Cod Silver Spring Brook Eastham Cape Cod Cedar Pond Creek Orleans Cape Cod Edgartown Great Pond Edgartown Islands Mattakeset Creek Edgartown Islands Trapps Pond Edgartown Islands Essex River Essex North Coastal Nasketucket River Fairhaven Buzzards Bay Bog Pond Falmouth Cape Cod Bourne Pond Falmouth Cape Cod Cedar Lake Ditch Falmouth Cape Cod Childs River Falmouth Cape Cod Coonamesset River Falmouth Cape Cod Flax Pond Falmouth Cape Cod Herring Brook Falmouth Cape Cod Mill Pond Falmouth Cape Cod Oyster Pond Falmouth Cape Cod Salt Pond Falmouth Cape Cod Siders Pond Falmouth Cape Cod Wild Harbor River Falmouth Cape Cod Cedar Lake Ditch Falmouth Cape Cod Assonet River Freetown Taunton River Rattlesnake Brook Freetown Taunton River Parker River Georgetown Parker River Alewife Brook Gloucester North Coastal Massachusetts Division of Marine Fisheries May-22 Massachusetts Towns with Diadromous Fish Runs Source: DMF Diadromous Fish Restoration Priority List River Town Watershed Note: Buswell Pond Gloucester North Coastal Fernwood Lake Gloucester North Coastal Goose Cove Gloucester North Coastal Langsford Pond Gloucester North Coastal Little River Gloucester North Coastal Sleepy Hollow Pond Gloucester North Coastal Walker Creek Gloucester North Coastal Goose Cove Gloucester North Coastal Parker River Groveland Parker River Stump Brook Halifax Taunton River Indian Head Brook Hanson South Coastal Andrews River Harwich Cape Cod Black Pond Harwich Cape Cod Cold Brook Harwich Cape Cod Grassy Pond Harwich Cape Cod Herring River Harwich Cape Cod Skinequit Pond Harwich Cape Cod Accord Brook Hingham Boston Harbor Crooked Meadow River Hingham Boston Harbor Fulling Mill Brook Hingham Boston Harbor Weir River Hingham Boston Harbor Straits Pond Hull Boston Harbor Egypt River Ipswich Ipswich River Ipswich River Ipswich Ipswich River Blackwater Pond Kingston South Coastal Furnace Brook Kingston South Coastal Halls Brook Kingston South Coastal Jones River Kingston South Coastal Laundry Brook Kingston South Coastal Massachusetts Division of Marine Fisheries May-22 Massachusetts Towns with Diadromous Fish Runs Source: DMF Diadromous Fish Restoration Priority List River Town Watershed Note: Smelt Brook Kingston South Coastal Laundry Brook Kingston South Coastal Nemasket River Lakeville Taunton River Poquoy Brook Lakeville Taunton River Merrimack River Lawrence Merrimack River Spickett River Lawrence Merrimack River Beaver Brook Lowell Merrimack River Concord River Lowell Merrimack River Merrimack River Lowell Merrimack River River Meadow Brook Lowell Merrimack River Saugus River Lynnfield North Coastal Clark Pond Manchester North Coastal Green Harbor River Marshfield South Coastal Macomber Creek Marshfield South Coastal South River Marshfield South Coastal Childs River Mashpee Cape Cod Mashpee River Mashpee Cape Cod Quashnet River Mashpee Cape Cod Santuit River Mashpee Cape Cod Mattapoisett River Mattapoisett Buzzards Bay Tinkham Pond Mattapoisett Buzzards Bay Mystic River Medford Boston Harbor Fall Brook Middleborough Taunton River Nemasket River Middleborough Buzzards Bay Neponset River Milton Boston Harbor Folgers Pond Nantucket Islands Hither Creek Nantucket Islands Hummock Pond Nantucket Islands Sesachacha Pond Nantucket Islands Massachusetts Division of Marine Fisheries May-22 Massachusetts Towns with Diadromous Fish Runs Source: DMF Diadromous Fish Restoration Priority List River Town Watershed Note: Charles River Natick Boston Harbor Buttonwood Brook New Bedford Buzzards Bay Paskamanset River New Bedford Buzzards Bay Parker River Newbury Parker River Artichoke River Newburyport Merrimack River Charles River Newton Boston Harbor Martins Brook North Reading Ipswich River Second Herring Brook Norwell South Coastal Third Herring Brook Norwell South Coastal Sengekontacket Pond Oak Bluffs Islands Pilgrim Lake Orleans Cape Cod Rock Harbor Creek Orleans Cape Cod Herring Brook Pembroke South Coastal Howland Pond Pembroke South Coastal Indian Head River Pembroke South Coastal Pudding Brook Pembroke South Coastal Rocky Run Pembroke South Coastal Indian Head River Pembroke/Hanover South Coastal Agawam River Plymouth Buzzards Bay Beaver Dam Brook Plymouth South Coastal Eel River Plymouth South Coastal Indian Brook Plymouth South Coastal Little Herring Pond Plymouth South Coastal Savery Pond Plymouth South Coastal Shingle Brook Plymouth South Coastal Town Brook Plymouth South Coastal Wellingsley Brook Plymouth South Coastal Winnetuxet River Plympton Taunton River Furnace Brook Quincy Boston Harbor Massachusetts Division of Marine Fisheries May-22 Massachusetts Towns with Diadromous Fish Runs Source: DMF Diadromous Fish Restoration Priority List River Town Watershed Note: Gulliver Creek Quincy Boston Harbor Town Brook Quincy Boston Harbor Dam Lot Brook Raynham Taunton River Forge River Raynham Taunton River Pine Swamp Brook Raynham Taunton River Forge River Raynham Taunton River Bad Luck Brook Rehoboth Narragansett Bay Palmer River Rehoboth Narragansett Bay Mattapoisett River Rochester Buzzards Bay Sippican River Rochester Buzzards Bay Mattapoisett River Rochester Buzzards Bay Mill Brook Rockport North Coastal Sawmill Brook Rockport North Coastal Mill River Rowley Parker River Mill Creek Sandwich Cape Cod Saugus River Saugus North Coastal Shute Brook Saugus North Coastal Bound Brook Scituate South Coastal First Herring Brook Scituate South Coastal Musquashcut Brook Scituate South Coastal Runnins River Seekonk Narragansett Bay Labor in Vain Brook Somerset Taunton River Cole River Swansea Narragansett Bay Cole River tributary Swansea Narragansett Bay Kickamuit River Swansea Narragansett Bay Lee River Swansea Narragansett Bay Cole River Swansea Narragansett Bay Rocky Run Swansea Narragansett Bay Berkley Street tributary Taunton Taunton River Massachusetts Division of Marine Fisheries May-22 Massachusetts Towns with Diadromous Fish Runs Source: DMF Diadromous Fish Restoration Priority List River Town Watershed Note: Brickyard Ponds Taunton Taunton River Cotley River Taunton Buzzards Bay Furnace Brook Taunton Taunton River Mill River Taunton Taunton River Richmond Pond Taunton Taunton River Three Mile River Taunton Taunton River Lake Tashmoo Tisbury Islands Lagoon Pond Oak Bluffs Islands Howlett Brook Topsfield Ipswich River Pamet River Truro Cape Cod Pilgrim Lake Truro Cape Cod Saugus River Wakefield North Coastal Charles River Waltham Boston Harbor Charles River Waltham Boston Harbor Agawam River Wareham Buzzards Bay Gibbs Brook Wareham Buzzards Bay Red Brook Wareham Buzzards Bay Wankinco River Wareham Buzzards Bay Weweantic River Wareham Buzzards Bay Weweantic River Wareham Buzzards Bay Charles River Watertown Boston Harbor Herring River Wellfleet Cape Cod Town River West Bridgewater Taunton River West Meadow Brook West Bridgewater Taunton River Artichoke River West Newbury Merrimack River Indian River West Newbury Merrimack River James Pond West Tisbury Islands Mill Brook West Tisbury Islands Old Millpond Dam West Tisbury Islands Massachusetts Division of Marine Fisheries May-22 Massachusetts Towns with Diadromous Fish Runs Source: DMF Diadromous Fish Restoration Priority List River Town Watershed Note: Tiasquam River West Tisbury Islands Tisbury Great Pond West Tisbury Islands Cockeast Pond Westport Buzzards Bay Richmond Pond Westport Buzzards Bay Westport R. East Branch Westport Buzzards Bay Westport R. West Branch Westport Buzzards Bay Back River Weymouth Boston Harbor Smelt Brook Weymouth Boston Harbor Aberjona River Winchester Mystic River Aberjona River Woburn Mystic River Bass River Yarmouth Cape Cod Mill Creek Yarmouth Cape Cod Mill Pond Yarmouth Cape Cod Parkers River Yarmouth Cape Cod Plashes Brook Yarmouth Cape Cod Town Brook Yarmouth Cape Cod Town River Yarmouth Cape Cod Whites Brook Yarmouth Cape Cod Andreana Sideris From: SERO_NOI@MassMail.state.ma.us Sent: Thursday, February 16, 2023 3:25 PM To: brad@ecrwetlands.com; nate.corcoran@mass.gov Cc: sero_noi@state.ma.us; Andreana Sideris; Andreana Sideris Subject: MassDEP NOI File Number Date: 02/16/2023 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 Municipality BREWSTER RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c. 131, §40): Applicant CROSSROADS/CAMP MILTON Address 119 MYRTLE STREET,DUXBURY MA 46 FEATHERBED LANE , BREWSTER Locus MA Owner Address This project has been assigned the following file # : SE 009-1947 ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION Although a file # is being issued, please note the following: Regards, for MassDEP, (508)-946-2723 Nate.Corcoran@mass.gov March 9, 2023 Brewster Conservation Commission 2198 Main Street Brewster, MA 02631 Paul Canty Crossroads/Camp Mitton 119 Mirtle Street Duxbury, MA 02332 RE: Applicant: Paul Canty, Crossroads/Camp Mitton Project Location: 46 Featherbed Lane, Brewster Project Description: Beach nourishment, erosion management and pond shore restoration, operation and maintenance DEP Wetlands File No.: 009-1947 NHESP File No.: 15-34364 Dear Commissioners & Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the Division) received a Notice of Intent with site plans entitled Proposed Improvements Filling and Grading Plan prepared by PGB Engineering, LLC (dated 1/31/23, 1 Sheet) in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.59). The Division also received the MESA Review Checklist and supporting documentation for review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18). The Division has determined that this Project, as currently proposed, will occur within the actual habitat of the Terete Arrowhead (Sagittaria teres), Plymouth Gentian (Sabatia kennedyana), Eastern Box Turtle (Terrapene carolina), and Pine Barrens Bluet (Enallagma recurvatum), all species of Special Concern. Plant species and their habitats are protected in accordance with the rare species provisions of the MESA. Wildlife species and their habitats are protected in accordance with the rare species provisions of the WPA and the MESA. Fact sheets for most state-listed species can be found on our website: www.mass.gov/nhesp/ WETLANDS PROTECTION ACT (WPA) Based on a review of the information that was provided and the information that is currently contained in our database, the Division has determined that this project, as currently proposed, will not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species. Therefore, it is our opinion that this project meets the state-listed species performance standard for the issuance of an Order of Conditions. Please note that this determination addresses only the matter of rare wildlife habitat and does not pertain to other wildlife habitat issues that may be pertinent to the proposed project. NHESP No. 15-34364 , Page 2 MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) The MESA is administered by the Division, and prohibits the Take of state-listed species. The Take of state- listed species is defined as “in reference to animals…harm…kill…disrupt the nesting, breeding, feeding or migratory activity…and in reference to plants…collect, pick, kill, transplant, cut or process…Disruption of nesting, breeding, feeding, or migratory activity may result from, but is not limited to, the modification, degradation, or destruction of Habitat” of state-listed species (321 CMR 10.02). Based on the information provided and the information contained in our database, the Division finds that a portion of this project, as currently proposed, must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid a prohibited Take of state-listed species, the following conditions must be met: 1. There shall be no placement of sand below the seasonal high water line. 2. There shall be no expansion of the existing beach areas. 3. Material stockpiles shall be located outside of Priority Habitat. 4. Restoration Planting: All areas proposed for “loam and seed” shall be restored using native ecotypes to county as listed in “THE VASCULAR PLANTS OF MASSACHUSETTS: A COUNTY CHECKLIST, FIRST REVISION” (Dow Cullina, Connolly, Sorrie & Somers, 2011). In addition, the Division recommends the use of a substrate equal to the substrate present on the site instead of loam. Provided the above-noted conditions are fully implemented and there are no changes to the project plans, this project will not result in a Take of state-listed species. We note that all work is subject to the anti- segmentation provisions (321 CMR 10.16) of the MESA. This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination, or if there is a change to the project. Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Alexandra Echandi, Endangered Species Review Biologist, at alexandra.echandi@mass.gov. Sincerely, Everose Schlüter, Ph.D. Assistant Director cc: MA DEP Southeast Region Brad Holmes, Environmental Consulting and Restoration To: Cape Codder - 781 433-7902, ext. 7902 legals@wickedlocal.com; From: Andreana Sideris Brewster Conservation Commission 1657 Main Street Brewster, MA 02631 508 896 4546 asideris@brewster-ma.gov For publication in the Cape Codder Newspaper on March 3, 2023. Notice of Public Hearings The Brewster Conservation Commission will hold Public Hearings under MA General Law Ch. 131, Section 40, Wetlands Protection Act (WPA), and the Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection Bylaw (BWP Bylaw). This hearing will be conducted in person on Tuesday, March 14, 2023 at 6:00PM in Conference Room B, 1st Floor, Brewster Town Hall, 2198 Main Street.This means that at least a quorum of the members of the public body will attend the hearing in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the hearing is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in-person vs. virtual attendance accordingly. Members of the public who wish to access the hearing remotely may do so in the following manner: 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. ZoomWebinar: https://us02web.zoom.us/j/81704849610?pwd=d2VlNm5LcnU2TnBKWExMVEJFUUduQ T09 Passcode: 565669 To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). The Brewster Conservation Commission will consider the following Notice of Intent applications: a.46 Featherbed Lane, 11-45 (38-36). New Public Hearing. Crossroads/Camp Mitton proposes beach nourishment, erosion repair, and installation of a drywell within inland bank, bordering land subject to flooding, bordering vegetated wetland, and buffer zone to bordering vegetated wetland. b.101 Tubman Road, 47-28 (24-37). New Public Hearing. Alexa Hope proposes vegetation management activities as well as the installation of a berm, grass footpaths, hoop houses, existing stone drainage extension, and after-the-fact approval of a shed within buffer zone to bordering vegetated wetland. The Brewster Conservation Commission will consider the following Request to Amend Order of Conditions for: a.162 Underpass Road, 77-9 (26-10 & 105) SE9-1920. New Public Hearing. Paul Wallace proposes amendments to approved Order of Conditions (erosion and sediment control/minor changes buffer zone to bordering vegetated wetland). This legal ad shall be posted on Massachusetts Newspaper Publishers’ Association (MNPA) website http://masspublicnotices.org pursuant to Section 13 of Chapter 4 (enacted by Chapter 174 of the Acts of 2016, entitled An Act Relative to Electronic Publication of Certain Legal Notices). Andreana Sideris From: tricia@ecrwetlands.com Sent: Friday, February 10, 2023 8:08 AM To: William Grafton Cc: Andreana Sideris; brad@ecrwetlands.com Subject: RE: Camp Mitton/46 Featherbed submittal and public hearing scheduling Please accept this email as a request to waive the opening of the hearing on the Notice of Intent (NOI) application for the property address 46 Featherbed Lane (Camp Mitton). within 21 days of the February 7, 2023 NOI submittal. The agreed upon date to open the public meeting before the Brewster Conservation Commission for this NOI application is Tuesday, March 14, 2023. ECR Tricia Tutchinetz Ofice Manager Mobile: 774.313 OB34 tricieeecneetienda.corn 26 Union Street I PO Box 4012 P tyrn coin , M A 02361 www.ecuthetiands.com From: William Grafton <wgrafton@brewster-ma.gov> Sent: Thursday, February 9, 2023 5:56 PM To: tricia@ecrwetlands.com Cc: Andreana Sideris <asideris@brewster-ma.gov>; brad@ecrwetlands.com Subject: RE: Camp Mitton/46 Featherbed submittal and public hearing scheduling Tricia, thanks for the inquiry. I would suggest that a simple email waiving the 21-day requirement for a public hearing based on the submittal date and requesting the public hearing for the subject site be opened during the March 14, 2023 Brewster Conservation Commission Public Meeting. Thank you. Respectfully, Bill Grafton Brewster Conservation Administrator 1657 Main Street Brewster, MA 02631 Phone (508) 896-4546 ext. 4242 Brewster Town Offices are open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.qov From: tricia@ecrwetlands.com <tricia@ecrwetlands.com> Sent: Thursday, February 9, 2023 3:59 PM To: William Grafton <wgrafton@brewster-ma.gov> 1 Cc: Andreana Sideris <asideris@brewsATma.gov> Subject: RE: Camp Mitton/46 Featherbed submittal and public hearing scheduling Thank you for your email — is there a Waiver Form? I didn't see this included in the NOI Package available on the Conservation page of the website. ECR O-"Yr Tricia Tin chinetz O rice manager Mobiles 774 313 0634 Email Mr-saaecrvietiands.com 26 Union St met I PO Box 4012 P lyrn otth, M A 02361 Awed. oc rwetlands.c om From: William Grafton <wgrafton@brewster-ma.gov> Sent: Thursday, February 9, 2023 2:52 PM To: tricia@ecrwetlands.com Cc: Andreana Sideris <asideris@brewster-ma.gov>; Brad Holmes <brad@ecrwetlands.com> Subject: Camp Mitton/46 Featherbed submittal and public hearing scheduling Tricia, good afternoon, I spoke with Brad today about the subject submittal. Please be advised that Brad indicated that the 21-day requirement for the public hearing will be waived and this submittal will be scheduled for 3/14/2023. We still need a written statement for our records. This will give Brad and I time to coordinate and meet on site. Thank you in advance for arranging for the written 21-day waiver to be delivered to Brewster Conservation. Respectfully, Bill Grafton Brewster Conservation Administrator 1657 Main Street Brewster, MA 02631 Phone (508) 896-4546 ext. 4242 Brewster Town Offices are open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visitwww.brewster-ma.qov 2 Andreana Sideris From: brad@ecrwetlands.com Sent: Tuesday, February 7, 2023 3:26 PM To: William Grafton Cc: 'Paul Canty'; pgbengineeringllc@gmail.com; Andreana Sideris; conserv; tricia@ecrwetlands.com Subject: RE: NOI Submittal: Camp Mitton, Brewster Hi Bill, Looking forward to working with you on this project. If you would like to review the site, please let us know and we can meet you out there to show you the site conditions. Let us know what works for you. Thanks, Brad ECR • Brad Holmes Mobilc 617.529 3792 E bradlgecrwetiands.ccei 26 Union Street I PO Box 4012 PlymotAh, MA 02361 bwon.ecemetlAnds.c om From: tricia@ecrwetlands.com <tricia@ecrwetlands.com> Sent: Tuesday, February 7, 2023 3:15 PM To: wgrafton@brewster-ma.gov; asideris@brewster-ma.gov; conservation@brewster-ma.gov Cc: 'Paul Canty' <paul@crossroadsma.org>; pgbengineeringlIc@gmail.com; 'Brad Holmes' <brad@ecrwetlands.com> Subject: NOI Submittal: Camp Mitton, Brewster Good afternoon Mr. Grafton and Brewster Conservation: Please accept this email as submittal of a Notice of Intent application proposing site improvements at 46 Featherbed Lane (Camp Mitton). Required paper copies of the complete application with filing fee checks will be mailed to Conservation office at 1657 Main Street. Kindly confirm receipt with scheduled public meeting date for preparing and mailing the abutter notifications. Thank you and we look forward to hearing from you. ECR Tricia Tin c Ilinetz 0S:ski:mega Mobile 774.313.0634 Email tricieeeavatlands.com 26 Union Street I PO Box 4012 P tym otih, M A 02361 vewd.ec nmedands.c om 1 APPLICANT Crossroads 119 Myrtle Street Duxbury, MA 02332 REPRESENTATIVE Environmental Consulting & Restoration, LLC P.O. Box 4012 Plymouth, MA 02361 (617) 529-3792 NOTICE OF INTENT Camp Mitton, 46 Featherbed Lane, Brewster SUBMITTED TO Brewster Conservation Commission February 2023 P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com February 7, 2023 Town of Brewster Conservation Commission 1657 Main St Brewster, MA 02631 RE: Notice of Intent, Proposed Site Improvements, Camp Mitton, 46 Featherbed Lane, Brewster Dear Members of the Conservation Commission: Please accept this Notice of Intent application for proposed site improvements at Camp Mitton located at 46 Featherbed Lane in Brewster (the Site). The site improvements are intended to repair erosion impacts, nourish inland beaches, and protect resource areas at the site. These improvements will also improve the ongoing outdoor recreational activities at the site. This application proposes to continue the similar activities as previously permitted at the site through an Order of Conditions from the Brewster Conservation Commission referenced as DEP File SE9-1657. Camp Mitton is an overnight summer camp that creates space for young people to explore new environments, engage in new and fun experiences, and develop healthy relationships with fellow campers, staff, and the environment. The Town of Brewster Assessors Department references the site as Parcel ID #11-45. The proposed project occurs within wetland resource areas and the associated 100-foot buffer zone. Prior to the start of work, erosion controls will be installed to protect wetland resource areas. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Brewster Wetlands Protection Bylaw. If you have any questions or require additional information, please contact me at (617) 529-3792. Sincerely, Environmental Consulting & Restoration, LLC Brad Holmes, PWS, MCA Manager CC: MassDEP Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 Crossroads, 119 Myrtle Street, Duxbury, MA 02332, Attn: Paul Canty MassWildlife’s – NHESP, 1 Rabbit Hill Road, Westborough, MA 01581 PGB Engineering, LLC NOTICE OF INTENT TABLE OF CONTENTS Item Attachment Notice of Intent Form 1 Brewster Conservation Filing Forms 2 Brewster Bylaw Fee Transmittal 3 Project Description 4 USGS Site Locus Map 5 FEMA F.I.R.M. 6 MA Natural Heritage & Endangered Species Map 7 Abutter Information 8 Site Plan 9 wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 46 Featherbed Lane a. Street Address Brewster b. City/Town 02631 c. Zip Code Latitude and Longitude: 41.7244698 d. Latitude -70.128485 e. Longitude Map 11 f. Assessors Map/Plat Number Parcel 45 g. Parcel /Lot Number 2. Applicant: Paul a. First Name Canty b. Last Name Crossroads/Camp Mitton c. Organization 119 Myrtle Street d. Street Address Duxbury e. City/Town MA f. State 02332 g. Zip Code 617-765-0998 h. Phone Number i. Fax Number paul@crossroadsma.org j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner Same as the applicant a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Brad a. First Name Holmes b. Last Name Environmental Consulting & Restoration, LLC c. Company P.O. Box 4012 d. Street Address Plymouth e. City/Town MA f. State 02361 g. Zip Code 617-529-3792 h. Phone Number i. Fax Number Brad@ecrwetlands.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town A. General Information (continued) 6. General Project Description: Proposed site improvements to repair erosion impacts, nourish inland beaches, and protect resource areas at the site. Please refer to the Project Narrative for more information 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 310 CMR 10.53(3)h Beach maintenance 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 588 c. Book 209 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank Approx 135 ln. ft. (beach nourishment) 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding Approx. 3,960 sq. ft. (beach nourishment) 2. square feet not applicable 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 MassMapper b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area Less than 0.8% of property or 0.15 acre (beach nourishment) (b) outside Resource Area 3.5% of property or 0.62 acre percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma-endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for-a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in-priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Proposed Improvements Filling & Grading Plan a. Plan Title PGB Engineering, LLC b. Prepared By Patrick Brennan, P.E. c. Signed and Stamped by January 31, 2023 d. Final Revision Date 1" - 60' e. Scale Wetland Delineation Plan prepared by ECR, LLC f. Additional Plan or Document Title January 3, 2023 g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 62902 2. Municipal Check Number 2/7/2023 3. Check date 62899 4. State Check Number 2/7/2023 5. Check date Crossroads 6. Payor name on check: First Name 7. Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 46 Featherbed Lane a. Street Address Brewster b. City/Town 62899 c. Check number $292.50 d. Fee amount 2. Applicant Mailing Address: Paul a. First Name Canty b. Last Name Crossroads/ Camp Mitton c. Organization 119 Myrtle Street d. Mailing Address Duxbury e. City/Town MA f. State 02332 g. Zip Code 617-765-0998 h. Phone Number i. Fax Number paul@crossroadsma.org j. Email Address 3. Property Owner (if different): Same as the applicant a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. 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. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Site work w/o a house - Category 1 1 $110.00 $110.00 Beach nourishment - Category 2 1 $500.00 $500.00 Brewster Bylaw Fee = $350.00 (Cat 1, $100.00; Cat 2, $250.00) Step 5/Total Project Fee: $610.00 Step 6/Fee Payments: Total Project Fee: $610.00 a. Total Fee from Step 5 State share of filing Fee: $292.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $317.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) 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   Vegetated Wetland 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 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. Site work w/o a house $100.001 $100.00 Beach nourishment 1 $250.00 $250.00 15.00 350.00 20.00 317.50 702.50 PROJECT DESCRIPTION 1. Introduction This Notice of Intent application has been submitted for proposed site improvements at Camp Mitton located at 46 Featherbed Lane in Brewster (the Site). The site improvements are intended to repair erosion impacts, nourish inland beaches, and protect resource areas at the site. These improvements will also improve the ongoing outdoor recreational activities at the site. This application proposes to continue the similar activities as previously permitted at the site through an Order of Conditions from the Brewster Conservation Commission referenced as DEP File #SE9-1657. Camp Mitton is an overnight summer camp that creates space for young people to explore new environments, engage in new and fun experiences, and develop healthy relationships with fellow campers, staff, and the environment. The Town of Brewster Assessors Department references the site as Parcel ID #11-45. The proposed project occurs within wetland resource areas and the associated 100-foot buffer zone. Prior to the start of work, erosion controls will be installed to protect wetland resource areas. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Brewster Wetlands Protection Bylaw. 2. Site Description Crossroads operates Camp Mitton which is located at 46 Featherbed Lane in Brewster. Camp Mitton contains numerous camp buildings, maintained trails, forested woodlands, and recreational facilities such as playing fields, courts, beaches, ponds, etc. Camp Mitton is situated between two ponds, Walkers Pond to the south and Slough Pont to the north. The focus of this application is the area adjacent to Slough Pond where erosion is an ongoing problem. The major concern with erosion at the camp is the safety of the children and staff because the erosion causes. The erosion causes gulley’s and exposes tree roots, both of which are trip hazards, and will eventually lead to the death of the impacted trees. The erosion in this area is also degrading Slough Pond with the addition of sediment to the waterbody. 3. Proposed Improvement Activities The purpose of this Notice of Intent is to continue beach nourishment activities within the maintained inland beach along Slough Pond. These activities follow the protocol as previously permitted at the site under Order of Conditions DEP File #SE9-1657. This Notice of Intent is to continue the previously approved Sediment Maintenance Plan from 2015, which proposed to add sand and grade eroded areas on an as-needed basis. See attached. Also included in this application is sediment stabilization on either site of the existing basketball court. This area may undermine the court and is allowing sediment to migrate towards the wetland resource area. Clean sand is proposed to be placed within this area and evenly graded with wood chips over the sand at the south end. Due to the foot traffic in this area, loaming and seeding of the restored areas will have limited success. Loaming and seeding is proposed along the downgradient side and edges as necessary and will be monitored and maintained by the Camp’s maintenance staff. In order to remediate the ongoing overland stormwater flow that is causing the gulley and erosion of inland beach sand, stormwater improvement measures are proposed. These measures are intended to infiltrate and divert the stormwater that collects and funnels towards Slough Pond. The stormwater measures are located beyond or landward of the 100 foot buffer zone. The proposed stormwater measures include a drywell, overflow pipe, and flow dissipator. This stormwater management measure will be monitored and maintained by the Camp’s maintenance staff. 4. Alternatives Analysis: ● Alternative #1 - Do nothing. Camp Mitton can operate without addressing the erosion issues, however, the results of the erosion create tripping hazards and degrade Slough Pond with increased sediment. The intent of this project is to eliminate these hazards and wetland degradation, so this alternative is undesirable. ● Alternative #2 - Re-grade with on-site sediments. There is not enough on-site sediment to adequately re-grade to a point where the surface is repaired and tripping hazards eliminated. ● Alternative #3 - Import sand and grade. This is the preferred alternative since the additional sand, when properly graded, will adequately repair the erosion and eliminate the erosion gulley. We note that all areas where sand nourishment is proposed are previously disturbed areas. No new disturbance and no change in use are proposed. 5. Variance Justification: The proposed project at Camp Mitton involves work upon or within 50 feet of the following, is contained in section 172-2 of the by-law: ● Any beach dune or flat: The proposed project involves work on and within 50 feet of an existing beach. The project involves beach nourishment which is considered a limited project under the Wetlands Protection Act. ● Any freshwater Wetland Coastal Wetland Marsh, meadow, bog or swamp: Aside from Slough Pond and the remediation of the erosion gulley, there is no work proposed within 50 feet of wetlands on site. ● Any lake, pond, river, stream, estuary or the ocean: The proposed project involves work within 50 feet of Sough Pond for the purpose of beach nourishment. ● Any land under said waters: There is no work proposed on land under said waters. ● Any land subject to flooding or inundation by groundwater or surface water: The proposed project involves work in the beach areas which are subject to inundation of surface water from Slough Pond. ● Any land subject to flooding or inundation by tidal action or coastal storm flowage: The project is located inland and not subject to coastal flooding. ECR states 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: ● Public Water Supply: N/A ● Private Water Supply: All imported sediment material will be clean, bank-run, processed or screened mineral sediments free of foreign materials. ● Ground water and ground water quality: All imported sediment material will be clean, bank-run, processed or screened mineral sediments free of foreign materials so that water leaching through the sediment will not contaminate the groundwater. ● Water quality in the numerous ponds of the town: All imported sediment material will be clean, bank-run, processed or screened mineral sediments free of foreign materials and compatible with native sediments. ● Flood control: The work will not alter topography or diminish flood storage. ● Erosion and sedimentation control: the work is proposed to repair erosion. Approval of the project and proposed maintenance plan allows for the monitoring of erosion and taking steps to prevent and repair it. Erosion controls will be installed prior to the start of work. ● Storm damage prevention: N/A ● Prevention of water pollution: All imported sediment material will be clean, bank-run, processed or screened mineral sediments free of foreign materials. ● Fisheries: The proposed project will not impact fisheries. ● Shellfish: The proposed project will not impact shellfish. ● Wildlife and wildlife habitat: The project does not propose a change in the use of the property and therefore will have no adverse impact on wildlife or wildlife habitat. ● Aesthetics: The proposed project will enhance the Aesthetics of the property by eliminating erosion and maintaining a uniform ground surface. ● Historic values: The project does not propose a change in the use of the property and therefore will have no adverse impact on historical values. Additionally the following factors have been considered: ● The existence of alternative areas on the site for the project: There is a lot of natural, undisturbed shoreline on the property that could be altered to create additional beach areas and pond access. Maintaining the existing beaches has far less impact on wetland resources. ● The cumulative impact of the allowance of a variance upon the interests protected in the By-law: Granting of the variances will allow us to maintain the beaches and surrounding areas so that erosion can be minimized and the resources maintained in pristine condition. ● The topography of the site, together with sediment conditions: The sandy sediment conditions and topography of the site lends itself to erosion. Granting the variance will allow us to minimize erosion and maintain existing topography. ● The vegetation or lack thereof existing on the site, including species type and number: All proposed work is within areas that have been previously disturbed. No clearing or other impacts to vegetation are proposed. ● Construction methods proposed by the applicant: Construction equipment will be limited to trucks hauling sediment material and small machinery (skid-steer type machines such as a Bobcat or similar). Sediment materials would be delivered to the site with trucks and spread and graded with small machinery. ● Therefore, Crossroads 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 III, Inland Wetlands of the Regulations of the Town of Brewster Wetlands Protection Bylaw. 6. Proposed Sediment Maintenance Plan As previously referenced, the proposed sediment maintenance plan follows the previously approved and maintained process as noted below: March/April each year: ● Document existing sediment conditions. Determine if any erosion has occurred over the winter months. ● If there is erosion, notify the Brewster Conservation Office. ● Repair erosion as necessary. Erosion repair shall proceed in the following order: ○ Use on-site material, i.e. move sediment deposited by erosion to eroded areas. ○ Import sediment if unsafe sediment is not sufficient to repair erosion. April through close of camp for the season: ● Monitor weather forecast for potential Heavy Rain events. If Heavy Rain is forecast: ○ Check all areas of loose sediment and determine susceptibility of erosion. ○ Install erosion controls as necessary to prevent erosion and/or capture sediment. Ensure that upgradient stormwater measures are in place. ● If erosion has occurred, repair as noted above. ● Monitor Beach areas for erosion from foot traffic. Rake as necessary. Close of the Season: ● Install silt fence along beach areas parallel to and approximately 25 feet from the edge of Slough Pond Notice of Intent Camp Mitton, Brewster Photograph #1 – View west across the buffer zone towards the Inland Beach of Slough Pond were beach nourishment activities area proposed. This is also the location of the swale caused by the overland stormwater flow that is proposed to be remediated. Photograph #2 – View east from the Inland Beach across the stormwater swale/erosion gully proposed to be repaired with beach nourishment and upgradient stormwater improvement measures. Notice of Intent Camp Mitton, Brewster Photograph #3 – View across the Inland Beach where beach nourishment is proposed. Photograph #4 – View of the southern edge of the basketball court where soil stabilization activities are proposed. Notice of Intent Camp Mitton, Brewster Photograph #5 – View east at the start of the stormwater swale/erosion gully where stormwater improvement measures are proposed to prevent downgradient erosion impacts. Please note this area is landward of the 100-foot buffer zone. Photograph #6 – View west at the start of the stormwater swale/erosion gully where stormwater improvement measures are proposed. 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:_____________________________ 2/2/2023 Camp Mitton 46 Featherbed Lane Crossroads ECR, LLC | Brad Holmes (Representative) PO Box 4012 Plymouth MA 02361 brad@ecrwetlands.com617-529-3792 2/7/2023 USGS SITE LOCUS MAP Camp Mitton, 46 Featherbed Lane Brewster, Massachusetts Source: MassGIS – Mass Mapper N ∆ SITE FEMA F.I.R.M MAP Camp Mitton, 46 Featherbed Lane Brewster, Massachusetts Source: FEMA Map 25001C05821J; Eff: 7/16/2014 N ∆ SITE Priority Habitat of Rare Species, Estimated Habitat of Rare Wildlife & Certified Vernal Pool Map Camp Mitton, 46 Featherbed Lane Brewster, Massachusetts Source: MassGIS – Mass Mapper N ∆ Site #* #* #*#* #* #*#* #*#* #* #* #* #* #* #* #* #* #* #* #* #*#*#* IB1IB2 IB4 IB3 A1A2 A3A4A5 A107A106 A105 A104 A103A102 A101 A100 B3 B2 B1 C1C2C3 Environmental Consulting & Restoration, LLCPO Box 4012, Plymouth, MA 02361 ²DATE: Jan. 3, 2023 CREATED BY: C. LARSON 1 inch = 100 feet 0 50 100 150 20025Feet Wetland Delineation Plan Camp Mitton - 46 Featherbed LaneBrewster, Massachusetts * \\\\\ \\\\\ \\\\\ \\\\\ \\\\\ \\\\\ \\\\\ \\\\\ \\\\\ \\\\\ \\\\\ \\ \\ \\ \\ \\ \\ \\\\\ \\\\\ \\\\\ \\\\ \\\\ \\\\ \\\\ \\\\ \\\\ \\\\ \\\\ 50-FOOT B U F FER 100-FOOT B U F F E R F E AT H E R B E D L A N E SLOUGH POND WALKERSPOND SHEET OF FILE NAME: JOB NO.: SCALE: DWG. NO.: CONTRACT: DATE: DRAWN BY: DESIGNED BY: DATE AMORY ENGINEERS, P.C. CHECKED BY:DATE: JANUARY 31, 2023 NO.ITEM REVISIONS CROSSROADS FOR KIDS DUXBURY, MASSACHUSETTS BREWSTER, MASSACHUSETTS 1 CAMP MITTON - 46 FEATHERBED LANE 1FILLING & GRADING PLANPROPOSED IMPROVEMENTS CIVIL PLAN MARSHFIELD, MASSACHUSETTS PGB ENGINEERING, LLCDRYWELL DETAIL 1 Andreana Sideris From:SERO_NOI@MassMail.state.ma.us Sent:Wednesday, March 8, 2023 3:41 PM To:paulshea162@gmail.com; nate.corcoran@mass.gov Cc:sero_noi@state.ma.us; Andreana Sideris; Andreana Sideris Subject:MassDEP NOI File Number COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 Date: 03/08/2023 Municipality BREWSTER RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c. 131, §40): Applicant ALEXA HOPE Address 101 TUBMAN ROAD,BREWSTER MA Locus 101 TUBMAN ROAD , BREWSTER MA Owner Address This project has been assigned the following file # : SE 009-1948 ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION Although a file # is being issued, please note the following: Regards, for MassDEP, (508)-946-2723 Nate.Corcoran@mass.gov Massachusetts Department of Environmental Protecti4 Bureau of Resource Protection - Wetlands Massachusetts Wetlands Protection Act (M.G.L. C.1: Brewster Conservation Commission Brewster Wetlands Protection By-law Chapter 172 Notice to Abutters Date: a -,23 o D-3 To: Abutters of property located at: /G5/ —7;07,e4s-n Assessors' Map 97 , Parcel L.12 , Formerly Map Hut of the PEACE Notary Public Honorable I. Marie Sherman "Personalized Ceremonies" Old Glory Homestead 157 Tubman Road Brewster, MA 02631 508-896-5066 jpweddings@verizon.net From: a , Parcel &(-2 v , Applicant Owner of Property: ; c/C. /e .Zez44... 4r. j%).1.i'e,/ In accordance with the requirements of GI 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: N (--ott I I.Pt v e_ 14. f 71'; 4.1-w2t... 7/..1,t iff 614/.„ yt, /2-41 1r--_5- -ft,- pc: /I ; /L. s- tert,i 4 O-4 e_y40.--74-- 4.ti 0.4rpt c 7/zci e 14/6/14,-, rt-t -i"."&_-71fr'04_ 3 -/Li-ve-71-id 4,:// The proposed work will occur within O feet of: C Inland Wetlands Coastal Wetlands The project will occur within an Inland Wetland. The project will occur within a Coastal Wetland. MAR 0 6 2023 By 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.i 11 A public hearing will be held Tuesday,,Ma.V*C-A- / , 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 1\\D e-rte, ko re,E1:0 jit,z;i2 ,zeitA9-447-x- ),c1 47.4-0(.4t-e To: Cape Codder - 781 433-7902, ext. 7902 legals@wickedlocal.com; From: Andreana Sideris Brewster Conservation Commission 1657 Main Street Brewster, MA 02631 508 896 4546 asideris@brewster-ma.gov For publication in the Cape Codder Newspaper on March 3, 2023. Notice of Public Hearings The Brewster Conservation Commission will hold Public Hearings under MA General Law Ch. 131, Section 40, Wetlands Protection Act (WPA), and the Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection Bylaw (BWP Bylaw). This hearing will be conducted in person on Tuesday, March 14, 2023 at 6:00PM in Conference Room B, 1st Floor, Brewster Town Hall, 2198 Main Street.This means that at least a quorum of the members of the public body will attend the hearing in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the hearing is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in-person vs. virtual attendance accordingly. Members of the public who wish to access the hearing remotely may do so in the following manner: 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. ZoomWebinar: https://us02web.zoom.us/j/81704849610?pwd=d2VlNm5LcnU2TnBKWExMVEJFUUduQ T09 Passcode: 565669 To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). The Brewster Conservation Commission will consider the following Notice of Intent applications: a.46 Featherbed Lane, 11-45 (38-36). New Public Hearing. Crossroads/Camp Mitton proposes beach nourishment, erosion repair, and installation of a drywell within inland bank, bordering land subject to flooding, bordering vegetated wetland, and buffer zone to bordering vegetated wetland. b.101 Tubman Road, 47-28 (24-37). New Public Hearing. Alexa Hope proposes vegetation management activities as well as the installation of a berm, grass footpaths, hoop houses, existing stone drainage extension, and after-the-fact approval of a shed within buffer zone to bordering vegetated wetland. The Brewster Conservation Commission will consider the following Request to Amend Order of Conditions for: a.162 Underpass Road, 77-9 (26-10 & 105) SE9-1920. New Public Hearing. Paul Wallace proposes amendments to approved Order of Conditions (erosion and sediment control/minor changes buffer zone to bordering vegetated wetland). This legal ad shall be posted on Massachusetts Newspaper Publishers’ Association (MNPA) website http://masspublicnotices.org pursuant to Section 13 of Chapter 4 (enacted by Chapter 174 of the Acts of 2016, entitled An Act Relative to Electronic Publication of Certain Legal Notices). wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 101 Tubman Road a. Street Address Brewster b. City/Town 02631 c. Zip Code Latitude and Longitude: d. Latitude e. Longitude 47-28-0-R f. Assessors Map/Plat Number g. Parcel /Lot Number 2. Applicant: Alexa G. a. First Name Hope b. Last Name c. Organization 101 Tubman Road d. Street Address Brewster e. City/Town MA f. State 02631 g. Zip Code 201-264-6542 h. Phone Number i. Fax Number alexaghope@gmail.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner Bicker Jack F & Leona & Daniel Jr. a. First Name b. Last Name c. Organization 101 Tubman Road d. Street Address Brewster e. City/Town MA f. State 02631 g. Zip Code 208-237-5961 h. Phone Number i. Fax Number leonabicker@gmail.com j. Email address 4. Representative (if any): Paul a. First Name Shea b. Last Name IEC c. Company 162 West Long Pond Road d. Street Address Plymouth e. City/Town MA f. State 02360 g. Zip Code 508-274-0310 h. Phone Number i. Fax Number paulshea162 @gmail.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $330.00 a. Total Fee Paid $152.50 b. State Fee Paid $177.50 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town A. General Information (continued) 6. General Project Description: Agricultural Project - Proposed removal of non-native and nusiance vegetation within the 100' buffer zone of a BVW wetland, and the planting of nativer plant & flower species to attract pollinators within the 100' buffer zone of the BVW wetland, located at 101 Tubman Road in Brewster, MA. Removal of selected trees. Construction of wooden shed located within the 50' buffer zone of BVW. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 33002 c. Book 119 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f.Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2.Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6.Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f.Coastal Banks 1. linear feet g.Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i.Land Under Salt Ponds 1. square feet 2. cubic yards dredged j.Land Containing Shellfish 1. square feet k.Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l.Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Phone: (508) 389-6360 2022 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work  (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land,also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town D. Additional Information (cont’d) 3.Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Plan to Accompany NOI for 101 Tubman Road, Brewster, MA a. Plan Title AJM Site Design, LLC b. Prepared By Asa J. Mintz, P.E., and Paul E. Sweetser, PLS c. Signed and Stamped by February 2023 d. Final Revision Date 1" = 40' e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 4508 2. Municipal Check Number 2-15-23 3. Check date 4507 4. State Check Number 2-15-23 5. Check date 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc • rev. 6/18/2020 Page 9 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of Applicant 2. Date 3. Signature of Property Owner (if different) 4. Date 5. Signature of Representative (if any) 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 101 Tubman Road a. Street Address Brewster b. City/Town 4507 c. Check number $152.50 d. Fee amount 2. Applicant Mailing Address: Alexa G. a. First Name Hope b. Last Name c. Organization 101 Tubman Road d. Mailing Address Brewster e. City/Town MA f. State 02631 g. Zip Code 202-264-6542 h. Phone Number i. Fax Number alexaghope@gmail.com j. Email Address 3. Property Owner (if different): Bicker Jack F & Leona & Daniel Jr. a. First Name b. Last Name c. Organization 101 Tubman Road d. Mailing Address Brewster e. City/Town MA f. State 02631 g. Zip Code 508-237-5961 h. Phone Number i. Fax Number leonabicker@gmail.com j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. 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. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Category 1, c 3 $110.00 $330.00 Step 5/Total Project Fee:$330.00 Step 6/Fee Payments: Total Project Fee: $330.00 a. Total Fee from Step 5 State share of filing Fee: $152.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $177.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) INDEPENDENT ENVIRONMENTAL CONSULTANTS, INC. 162 West Long Pond Road, Plymouth, MA 02360 508-274-0310 October 1, 2022 Leona Bicker 101 Tubman Road Brewster, Ma 02631 Re: 101 Tubman Road, Brewster, MA Ms. Bicker, This letter is an environmental assessment report concerning the above mentioned residential property located at 101 Tubman Road in Brewster. Independent Environmental Consultants, Inc. (IEC) conducted as site inspection and evaluation of the subject property on 10-30-22 to delineate the boundary of wetland resource areas in the field. This site inspection occurred during the fall season of 2022, during the growing season. The property contains an existing residential house, deck, shed, septic system, and driveway connecting to Tubman Road. Existing topography drops downgradient from the existing house, and from Tubman Road, downgradient to a low-lying bordering vegetated wetland (wooded swamp & emergent plant community) located within an area of low topography. The wetland is located at the toe of slope. The BVW wetland contains greater than 50% wetland vegetation, hydric soils, saturated soils, very high groundwater conditions, and seasonal pooling areas. IEC has delineated the edge of wetlands with the flags A1 – A14. Within the area of wetland flags A2 – A5, there is an inland bank located at the edge of wetlands. The BVW wetland is contiguous with a stream. The low-lying BVW wetland continues off property. There is a 50’ buffer zone and a 100’ buffer zone associated with the delineated edge of wetlands. The wetland resource areas and the wetland buffer zones are under the jurisdiction of the Brewster Conservation Commission, and DEP Wetlands SERO. Paul J. Shea, PWS President PROPOSED PROJECT – 101 Tubman Road, Brewster, MA The proposed project by the applicant is an agricultural project within the property located at 101 Tubman Road in Brewster, MA. The applicant proposes to remove invasive plant species (non-native) and nuisance plant species and vines currently growing within the 100’ buffer zone of a BVW wetland located within the subject property; and the applicant proposes to then grow native plant & flower species (Cape Cod) which will attract pollinators within the 100’ buffer zone of the BVW wetland, within the property. The proposed growing of native flower species to attract pollinators (bees) within the wetland buffer zone will be a significant improvement of wildlife habitat conditions located within the wetland buffer zone, compared to the current invasive and nuisance plant species currently growing within the wetland buffer zone within this property. The increase of pollinator use of the proposed native flowers (cape Cod) within this property will result in positive impacts to the wildlife habitat conditions onsite and offsite by the pollinator (bees) species. The proposed project also includes the removal of non-native tree species, and damaged tree species, along with the approval of a wooden shed under construction located within the 50’ buffer zone of the BVW wetland. The subject property contains an existing residential house and shed, and this property is located parallel to Tubman Road (asphalt roadway). The BVW wetland, wooded swamp, with a ponding area, and an intermittent stream flow, is located downgradient of the existing residential house, and downgradient of Tubman Road. IEC has delineated the edge of wetlands with the flags A1 – A14. The BVW wetland is located within an area of low topography, located downslope of the existing house within the property, and downslope of Tubman Road. There is an inland bank feature located within the area of wetland flags A2 – A5. The BVW wetland contains greater than 50% wetland vegetation, hydric soils, saturated soils, high groundwater conditions, pooling areas, and an intermittent stream flow. Phragmites Communis (Common Reed) an invasive plant species is currently growing within sections of the BVW wetland. The subject BVW wetland continues off property. The wetland currently receives stormwater runoff from Tubman Road (asphalt road). There is a 50’ buffer zone and a 100’ buffer zone associated with the edge of wetlands. The wetland buffer zone extends upland towards the existing residential house located within this property. Within the existing 100’ buffer zone of the BVW wetland, the invasive plant species (non-native) and nuisance plant species include: Norway Maples, Sycamore Maples, Black Locust, Phragmites Communis, Poison Ivy, English Ivy, and Periwinkle. The applicant proposes to remove the invasive plant species and nuisance plant species within the property. The applicant proposes to grow native plant species located within the 100’ buffer zone of the BVW wetland. The proposed native plant species to be grown of the BVW wetland within the 50’ buffer zone and the 100’ buffer zone will include the growing of native flowers, native to Cape Cod, which will attract pollinators (bees). The applicant proposes to grow these native flowers within raised flower beds, to reduce impacts and loss of flowers from rabbits, and deer. The new pollinator plant & flower species will include a wide variety of native plant species, see attached plant list. By growing these new native plants and flowers to attract pollinator species (bees) within the 100’ buffer zone of the BVW wetland, there will be an improvement to the existing wildlife habitat of the subject 100’ buffer zone located within the subject property. The new native plant & flower species will attract pollinator species (bees), and this will have a positive impact on other wildlife habitat areas onsite and offsite by the flying/transporting pollinator species (bees). This agricultural project will have a positive impact on the wildlife habitat values of the subject wetland buffer zone (50’ buffer zone and 100’ buffer zone) located within this residential property at 101 Tubman Road. The proposed project is an improvement of the existing vegetative species which includes invasive, nuisance, and non-native plant species, currently growing within the 50’ and 100’ buffer zone of the BVW wetland within this subject property, for pollinator species (bees) within this area of Brewster, and Cape Cod. The proposed planting area (rows of planting) includes an access path providing access to the planted native plants and flowers. Two hoop houses are proposed to be installed for the growing of native plants and flowers within this subject property. A berm will be constructed to protect the downgradient wetland resource areas (BVW and ponding area) from any sedimentation impacts associated with this proposed planting project. The proposed project also includes the construction of the existing wooden shed, currently under construction within an open upland area of land, which is located within the 50’ buffer zone of the BVW wetland, near wetland flags A4 and A5. A Variance is required from the Brewster Conservation Commission for proposed site alterations located within the 50’ buffer zone of the BVW wetland. The proposed site alterations located within the 50’ buffer zone include the construction of the existing wooden shed located within the 50’ buffer zone, the removal of invasive, nuisance, and non-native plant species, and the planting of native plants and flowers to be planted within the 50’ buffer zone for pollinator species (bees). The proposed project meets the performance standards of the Wetlands Protection Act. The proposed project will have positive impacts (pollinator species – bees) to the vegetative community and wildlife habitats of the subject BVW wetland and the subject property, and also to other wildlife habitats located within Brewster and Cape Cod. ALTERNATIVES ANALYSES – 101 Tubman Road, Brewster, MA PROPOSED NATIVE PLANTS AND FLOWERS FOR POLLINATOR SPECIES (BEES) 1.The applicant proposes to remove invasive and nuisance vegetative plant species current growing within the 50’ buffer zone of the BVW wetland located at this site. The applicant proposes to plant native plants and flowers which will attract pollinator bee species to the wildlife habitats within this property. The pollinator bee species attracted to the native plants and flowers growing within the 50’ and 100’ buffer zone of the BVW wetland at this site will have a positive environmental impacts on the 50’ and 100’ buffer zone within this property, and also to other wildlife habitats located within the 50’ and 100’ buffer zone of other wetlands located within Brewster and the Cape Cod area visited by the pollinator bee species. 2.Alternative 2 would be to reduce the square footage of proposed native plants and flowers to be planted within the 50’ buffer zone of the BVW wetland to attract pollinator species (bees). This option would reduce the total square footage of new plants to be planted, and it would also reduce the total square footage of new native plants and flowers to attract the pollinator species (bees), which will reduce the overall positive impacts to wildlife habitat areas onsite and offsite from the pollinator species (bees), within this section of Brewster and Cape Cod. This is not the chosen alternative by the property owner and applicant. 3.Alternative 3 is to not do the proposed project, and leave the invasive, nuisance, and non-native plant species and conditions that currently exist within the 50’ and 100’ buffer zone of the BVW wetland located within this property. This alternative will result in no positive environmental impacts associated with the removal of invasive, nuisance, and non-native plant species; and the pollinator species (bees) attracted to the proposed native plants and flowers included with this proposed project. The beneficial impacts to other wildlife habitats and wildlife species from pollinator species (bee) will not be gained if this project does not go forward, and site conditions remain the same as the current conditions. Other benefits to other wetland wildlife habitats and wetland buffer zone wildlife habitats will not be gained within this section of Brewster and Cape Cod if this project does not go forward. This is not the chosen alternative by the property owner and applicant. WOODEN SHED 1.The proposed construction of the wooden shed, currently under construction, which is located within an open upland area of land within this property is located within the 50’ buffer zone of the BVW wetland. The location of the shed construction requires a Variance from the Brewster Conservation Commission since it is located within the 50’ buffer zone of the BVW wetland, near wetland flags A4 and A5. The property owner and applicant would like to keep the existing shed under construction within the current location. 2.Alternative 2 the wooden shed can be moved to a location outside of the 50’ buffer zone or the 100’ buffer zone of the BVW wetland, which would eliminate the need for a Variance. Again, the property owner and applicant would like to keep the existing shed under construction within the current location. 3.The wooden shed can be removed from the site (no build option) eliminating the need for a Variance. This is not the chosen alternative by the property owner and applicant. Variance Request -101 Tubman Road, Brewster - for proposed work activities located within the 50’ buffer zone of the BVW wetland. The applicant requests a Variance from the Brewster Conservation Commission for proposed work activities and site alterations located within the 50’ buffer zone of the BVW wetland. 1.The applicant requests a Variance for the removal of non-native plant species located within the 50’ buffer zone of the BVW wetland, and the planting of the 50’ buffer zone with native plants and flowers, which will attract pollinator species (bees), which will be a benefit to the wildlife habitat of a variety of habitats located within Brewster and Cape Cod from the pollinator species (bees). This project will have a positive impact on wildlife habitat and wildlife species within the Brewster and Cape Cod area. The pollinator wildlife species (bees) attracted to the proposed native plants and flowers which attract pollinator species (bees) will have result in improved wildlife habitats within additional habitats within the Brewster area and Cape Cod area from the pollinator species (bees) attracted to the subject native plants and flowers to be planted within this subject property at 101 Tubman Road. The benefits to the pollinator bee species from the new pollinator plants and flowers to be grown at this site will have a positive domino effect on other wildlife habitats, wildlife food sources, and other wildlife species located within the Brewster and Cape Cod area. 2.The applicant also requests a variance for the construction of the existing wooden shed located within an open area of the 50’ buffer zone (near wetland flags A4, A5) in the field. The applicant would like to keep the existing wooden shed in the current location within this property. Pollinator Plant Species: echinacea joe pye weed yellow wild indigo winterberry coneflower king soloman seal ox-eye sunflower lowbush/highbush blueberry elderberry milkweed foxglove beardtongue amaranth asters black esyed susan carnations celosia dahlias ranunculus anemone tulips daffodills lillys cosmos phlox statice sunflowers yarrow zinnias feverfew sweet william hydrangeas nasturiums calendula bachelors button bupleurum cress bells of ireland larkspur love in a mist poppys scabiosa snapdragons stock strawflower sweet peas lupine basil dill oregano chives lilacs lavender holly 47-25-0-R TENEYCK BRUCE S & TENEYCK MARTHA COOK C/O JULIA MARTIN 96 ARKANSAS DRIVE DRACUT, MA 01826 47-26-0-R GODARD BARBARA 85 TUBMAN ROAD BREWSTER, MA 02631 47-27-0-R TUBMAN JEFFERSON L TRUSTEE THE TUBMAN FAMILY AP TRUST 135 TUBMAN ROAD BREWSTER, MA 02631 47-28-0-R BICKER JACK F & LEONA & DANIEL JR 101 TUBMAN ROAD BREWSTER, MA 02631 47-29-0-R TUBMAN JEFFERSON L TRUSTEE THE TUBMAN FAMILY AP TRUST 135 TUBMAN ROAD BREWSTER, MA 02631 47-31-0-R SHERMAN I MARIE 157 TUBMAN ROAD BREWSTER, MA 02631 47-32-0-R REZENDES BRIAN J & MARY E 150 SUSAN LANE BREWSTER, MA 02631 47-33-0-R CHRISTOPHER BRUCE & AMY 136 SUSAN LANE BREWSTER, MA 02631 47-34-0-R PROBOLUS GEORGE & JUDY 1058 SALT POINT TURNPIKE PLEASANT VALLEY, NY 12569 47-35-0-R WALLACE GREGORY M & JULIE P 244 FARM LANE WESTWOOD, MA 02090 47-39-0-R O'DELL SANDY S & O'DELL LINDA L 138 TUBMAN ROAD BREWSTER, MA 02631 47-52-0-R HILLEY JOHN J & KRISTEN F 16 PADDOCK WAY BREWSTER, MA 02631 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x