HomeMy Public PortalAboutBay Property Meeting Packet 01.03.23Town of Brewster
2198 Main St., Brewster, MA 02631
townadmin@brewster-ma.gov
(508) 896-3701
Bay Property Planning Committee Meeting Agenda
Remote Participation Only
Janaury 3, 2023 at 4:00 PM
Pursuant to Chapter 107 of the Acts of 2022, this meeting will be conducted in person and via remote means, in
accordance with applicable law. This means that members of the public body may access this meeting in person, or via
virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all
members of the public body may attend remotely. No in-person attendance of members of the public will be permitted,
and public participation in any public hearing conducted during this meeting shall be by remote means only. Members of
the public who wish to access the meeting may do so in the following manner:
Please click the link below to join the webinar:
https://us02web.zoom.us/j/84863561303?pwd=bjhQazV3Y0NaN0dESk1LUmxmbGJCdz09
Passcode: 467353
US: +1 312 626 6799 or +1 929 436 2866 Webinar ID: 898 0232 5739 Passcode: 467353
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).
Members:
Amanda Bebrin,
Chair
(Vision Planning
Committee)
Katie Miller Jacobus,
Vice Chair
(At Large)
Karl Fryzel,
Clerk
(At Large)
Mary Chaffee,
Select Board
Ned Chatelain,
Select Board
Patricia Hughes,
Natural Resources
Commission
Peter Johnson,
At Large
Caroline McCarley,
At Large
Clare O’Connor-
Rice, At Large
John Phillips,
At Large
Tom Wingard,
Recreation
Commission
Town Staff:
Peter Lombardi,
Town Administrator
1.Call to Order
2.Declaration of a Quorum
3.Meeting Participation Statement
4.Recording Statement
5.Public Announcements and Comment: Members of the public may address the Committee on matters
not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the
Committee is unable to reply but may add items presented to a future agenda.
6.Review Draft Presentation and Discuss Pool Information & Community Input Session
7.Review Upcoming Approved Interim Uses and Potential Vote on Proposed New Interim
Uses
8.Discuss Potential Interpretive Signage
9.Update on Hydration Station at Pool
10.Update on Site Remediation of Former Shooting Range
11.Vote on Meeting Minutes: November 7, November 15, and December 6, 2022
12.Discuss Future Meeting Agenda Items
13.Next Meetings: January 17 and January 23, 2023
14.Matters Not Reasonably Anticipated by the Chair
15.Adjournment
Date Posted:Date Revised:Received by Town Clerk:
12/29/2022
Date:Dec. 28, 2022
From:Amanda Bebrin, Chair, Bay Property Planning Committee
To:Bay Property Planning Committee
To the Committee:
Town staff and committee leadership have been developing the materials for our
upcoming public information session on the Brewster Community Pool. Below is an
overview of the content that we’ll be discussing that evening:
1.Date/time: Jan. 17, 2023, 6-7:30pm
2.Venue: In person at Brewster Town Hall and simultaneously on Zoom
3.Purpose:
a.The purpose of this program is to provide Brewster residents with information
about the pool facility and a number of logistical, financial, and other
considerations the Town must act on to open the pool in summer 2023.
b.The program will also invite residents to discuss their views on those
considerations.
4.Program schedule:
a.We plan to provide about 30 minutes of information using a PowerPoint that is
in development (and outlined below) followed by about an hour of input from
the public.
b.The presentation will include photos and graphics since we know most
residents have not seen the pool in operation.
5.Presenters: The following committee members and town staff will present the
program.
a.Committee Chair Amanda Bebrin
b.Committee Vice Chair Katie Miller Jacobus
c.Town Administrator Peter Lombardi
d.Recreational Director Mike Gradone
e.Dept. of Public Works Superintendent Griffin Ryder
6.PowerPoint content overview:
a.Review of Sea Camps acquisition/purposes
b.Introduction to Bay Property Planning Committee and the committees’
purposes (short and long term activities)
c.The Bay Property pool – location, facilities (pool, pool house, pavilion)
d.Pool description: Size, capacity, depth, etc.
e.Planning considerations: Keep things simple in year 1
f.Pool season and schedule
g.Pool financing, eligibility and fees: Recommendations from Town staff for year
1 operations
h.Partnership with Cape Cod YMCA
i.Pool parking
j.Invitation to the public to share their views
Great. The after school program would be Wednesdays from 3-4pm. 5 weeks. Ending April
12th. (week before April break) I think we would cap it at 25 kids.
I also forgot about the Senior Striders program with the COA. Denise said they would be
interested in doing a walking program on Saturday mornings for the month of May.
Mike Gradone
Town of Brewster, Recreation Director
www.brewsterrecreation.com
508-896-9430
Beginning March 21, Brewster Town Offices will be 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.gov.
From: Peter Lombardi <plombardi@brewster-ma.gov>
Sent: Friday, December 30, 2022 9:36 AM
To: Michael Gradone <mgradone@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov>
Cc: Andrew Havens <ahavens@brewster-ma.gov>; Edward Barber <ebarber@brewster-ma.gov>
Subject: RE: CCSC events
All sounds good, Mike – I’ve looped in Ed about your proposed after school program starting in mid-
March. Would it be every day for a month? How many kids in total?
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Beginning March 21, Brewster Town Offices will be 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.gov.
From: Michael Gradone <mgradone@brewster-ma.gov>
Sent: Friday, December 30, 2022 9:23 AM
To: Peter Lombardi <plombardi@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov>
Cc: Andrew Havens <ahavens@brewster-ma.gov>
Subject: RE: CCSC events
Peter,
Here is the plan –
Polar Plunge on Saturday, March 18th. Tides look good. High tide around 11am.
We have contacted Pete DeSandis about doing the Kite Flying event on Saturday, April 22nd or
Sunday the 23rd. Low tide is at 8am, so we may be able to get people out on the flats around
9am.
I have contacted Joe Sullivan on the Bikeways Committee and he is open to moving Bikefest to
the Bay Property. He will talk to the committee to confirm. We are looking at Saturday, May
20th.
I am also talking to the local girl scout troop about a date for them to come and do a night of
camping and service.
*Lastly, Andy and I would like to start an afterschool program that is “wheel” themed. We
would invite kids to bring in their bike, scooter, skateboard, etc and we would have them ride
for an hour after school. Could we use the bay property for something like that? It would be
great to store their “wheels” there for the duration of the program so parents didn’t have
transport them each week, and it would give us a lot of space to ride. We would like to start
that on Wednesday, March 15th and go until Wednesday, April 12th. 3-4pm. Thoughts?
Happy New Year.
Mike Gradone
Town of Brewster, Recreation Director
www.brewsterrecreation.com
508-896-9430
Beginning March 21, Brewster Town Offices will be 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.gov.
From: Peter Lombardi <plombardi@brewster-ma.gov>
Sent: Thursday, December 29, 2022 5:42 PM
To: Michael Gradone <mgradone@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov>
Cc: Andrew Havens <ahavens@brewster-ma.gov>
Subject: RE: CCSC events
Mike,
For next week’s BPPC meeting, what is the latest on your proposed events?
1.Polar Plunge will be on St Patty’s Day?
2.Kite flying in April?
3.Bikefest in May?
4.Anything else?
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Beginning March 21, Brewster Town Offices will be 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.gov.
From: Michael Gradone <mgradone@brewster-ma.gov>
Sent: Thursday, November 3, 2022 11:33 AM
To: Peter Lombardi <plombardi@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov>
Cc: Andrew Havens <ahavens@brewster-ma.gov>
Subject: RE: CCSC events
Yes. I have it on my calendar.
Mike Gradone
Town of Brewster, Recreation Director
www.brewsterrecreation.com
508-896-9430
Beginning March 21, Brewster Town Offices will be 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.gov.
From: Peter Lombardi <plombardi@brewster-ma.gov>
Sent: Thursday, November 3, 2022 11:24 AM
To: Michael Gradone <mgradone@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov>
Cc: Andrew Havens <ahavens@brewster-ma.gov>
Subject: RE: CCSC events
Thanks Mike. Can you attend the November 15 BPPC meeting if there are questions?
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Beginning March 21, Brewster Town Offices will be 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.gov.
From: Michael Gradone <mgradone@brewster-ma.gov>
Sent: Wednesday, November 2, 2022 12:07 PM
To: Peter Lombardi <plombardi@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov>
Cc: Andrew Havens <ahavens@brewster-ma.gov>
Subject: CCSC events
Peter & Donna,
As we discussed today, here are some events that we had in mind for both properties in the
coming months. Feel free to discuss these with both committees.
Bay property:
Polar Plunge at First Light Beach – possible dates could be New Years Day, Presidents Day
weekend, or St. Patrick’s Day weekend.
Family kite flying on the flats @ First Light – (Outer Cape Kiting) in April
Brewster Bikefest – May 20th (still need to coordinate with Bikeways committee)
Senior Striders at First Light beach – coordinate with COA, 4 Saturdays in May
Pond property:
Kayaking with Mass Audubon – date?
*April vacation week Audubon program with Brewster Rec – week of April 17th (a day at both
properties)
Let us know if you have any questions.
Mike Gradone
Town of Brewster, Recreation Director
www.brewsterrecreation.com
508-896-9430
Beginning March 21, Brewster Town Offices will be 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.gov.
Final CCSC Pond Parcel Wayside Exhibit Information:
PAST: The Long Pond Lands
Similar to much of Cape Cod, the Long Pond lands were shaped by the
retreat of the ice sheet 15,000 years ago, resulting in the 'kame and kettle'
landscape of hills and ponds we see today. Native Americans populated the area,
living off the rich flora and fauna found in ponds, lands, and nearby coastal areas.
European colonists settled in the region in the mid 17th century and the
surrounding lands were parceled out for farms, woodlots, peat harvest, cranberry
bogs, and other uses.
The Delahanty family bought the Long Pond parcel in 1922 and used its
pond shore for swim lessons, boating, and water skiing as part of the Cape Cod
Sea Camps. The Camps were visited by over 17,000 campers over nearly 100
years, until the Camps closed in 2020.
In 2021, Brewster Town Meeting voted for the purchase of the Sea Camps,
including the Long Pond parcel, to protect the watershed, preserve sensitive pond
shore and open space, and provide for possible town uses such as housing and
passive and active recreation.
PRESENT: The Long Pond Parcel
The parcel comprises 66 acres of wooded uplands, bog, wetland thickets,
and pond shore, and stretches from Route 137 southwest to the shore of Long
Pond. Along the former swimming and boating area stand several small camp
buildings around grassy clearings. A gravel driveway enters the parcel from Route
137 and W.H. Besse Cartway comes in from Crowells Bog Road.
About half of the parcel lies within Brewster's Zone II, the drinking water
supply area.
The approximate 1200 feet of sandy shoreline, preserved as part of this
parcel, not only protects pond water quality but also preserves a critical coastal
plain pond community which is habitat for many plants and animals, some rare or
endangered.
The upland area, a typical Cape Cod pitch pine/oak forest, provides habitat
for a diversity of wildlife. The forested land also plays a role in mitigating climate
change by capturing and storing carbon dioxide.
This parcel, along with the abutting 47 acre Long Pond Woodlands
Conservation Area also owned by the Town of Brewster, offers the recreational
potential for hiking trails throughout the area. Parking is currently very limited.
Click on this QR code for a link to the video overview of the Long Pond Parcel: [ ]
FUTURE: Pond Parcel Planning
Soon after the purchase, the Town created the Pond Parcel Planning
Committee with the appointment of nine residents to initiate the planning process
with guidance from town staff. The committee also includes liaisons from two
partners in the effort, the Brewster Conservation Trust and Mass Audubon.
Short-term programming possibilities were one of the first items for the
committee to begin planning, to assist residents in learning about the property
and the planning process.
At the same time, committee members, the Select Board, and town staff
worked to engage outside consultants to assist the committee and the town in
formally planning for the appropriate uses of the parcel. Including the feedback of
the citizens of Brewster is a critical component of the planning process. There will
be opportunities for public involvement through surveys, informational forums,
and other outreach, presentations, and meetings.
The effort will include town departments and partners and will address town
strategic plans throughout. All proposed uses of the parcel will be voted on at
town meeting and appropriately developed under town, county, and state
regulatory requirements.
For more information on the acquisition, the properties, town strategic plans, and
this planning effort, see the town website's Cape Cod Sea Camps pages or scan
the QR Code [ ]
MAPS to be created:
Area Map
parcel location in Town
boundaries
Watershed zone area
roads
nearby open space parcels
Parcel map
boundaries
driveway/road
trails (existing)
buildings
beach
bogs
meadows
LONG POND PARCEL
Brewster Sea Camps Lands
photo Present Parcel map
Future
photo
Area map
Past
AG EMENT FOR PROFESSIONAL
ENGINEE ':;'NG SERVICES
BETWEEN
THE TOWN OF B WSTER, MASSACHUSETTS
AND
River Hawk Environmental, LLC
FOR 21E Due Diligence for the Cape Cod Sea Camps Parcels
THIS AGREEMENT made this 5th day of May, 2022 between River Hawk
Environmental, LLC with a usual place of business at 2183 Ocean Street, Marshfield, MA
02050, hereinafter called the "ENGINEER," and the Town of Brewster, MA, acting by its Town
Administrator, with a usual place of business at 2198 Main Street, Town Hall, Brewster MA
02631 hereinafter called the "TOWN".
The ENGINEER and the TO , for the consideration hereinafter named, agree as
follows:
Scope of Work
The ENGINEER shall perform the work set forth in the Scope of Services attached hereto
as Exhibits A.
2. Contract Price
The TO shall pay the ENGINEER for services rendered in the performance of this
Agreement a lump sum of ($35,000.00) Thirty Five Thousand Dollars for Phase I, subject to any
additions and deductions provided for herein at the hourly rates set forth in Exhibit B. Phase II,
task 4 estimated at ($22,500.00) will be authorized in writing. The amount to be paid to the
ENGINEER shall not exceed ($35,000.00) for Phase I without the prior written consent of the
TO and Phase II, task 4 ($22,500.00) to be authorized in writing.
3. Commencement and Completion of Work
A. This Agreement shall commence on May 5, 2022 and shall expire on June 30,
2024, unless terminated sooner in accordance with this Agreement or the time is
extended in the form of a written change order.
Progress and Completion: ENGINEER shall commence work promptly upon
execution of this Agreement and shall prosecute and complete the work regularly,
diligently and uninterruptedly at such a rate of progress as will insure completion
in a timely manner.
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4. Performance of the Work
The ENGINEER shall supervise and direct the Work, using his best skills and attention,
which shall not be less than such state of skill and attention generally rendered by the
engineering/design profession for projects similar to the Project in scope, difficulty and location.
A. Eespoi sibility for the \York:
(1) The ENGINEER shall be responsible to the TOWN for the acts and
omissions of his employees, subcontractors and their agents and
employees, and other persons performing any of the Work under a
contract with the ENGINEER. Consistent with the standard of care
referenced above, the ENGINEER shall be responsible for the
professional and technical accuracy for all work or services furnished
by him or his consultants and subcontractors. The ENGINEER shall
perform his work under this Agreement in such a competent and
professional manner that detail checking and reviewing by the TO
shall not be necessary.
(2) The ENGINEER shall not employ additional consultants, nor sublet,
assign or transfer any part of his services or obligations under this
Agreement without the prior approval and written consent of the
TOWN. Such written consent shall not in any way relieve the
ENGINEER from his responsibility for the professional and technical
accuracy for the work or services furnished under this Agreement.
(3) All consultants must be registered and licensed in their respective
disciplines if registration and licensor are required under the
applicable provisions of Massachusetts law.
(4) The ENGINEER and all consultants and subcontractors shall conform
their work and services to any guidelines, standards and regulations of
any governmental authority applicable to the type of work or services
covered by this Agreement.
(5) The ENGINEER shall not be relieved from its obligations to perform
the work in accordance with the requirements of this Agreement either
by the activities or duties of the TO in its administration of the
Agreement, or by inspections, tests or approvals required or performed
by persons other than the ENGINEER.
(6) Neither the TOWN's review, approval or acceptance of, nor payment
for any of the work or services performed shall be construed to
operate as a waiver of any rights under the Agreement or any cause of
action arising out of the performance of the Agreement.
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B. l dl °cranes, Doe= : One (1) reproducible copy of all
drawings, plans, specifications and other documents prepared by the ENGINEER
shall become the property of the TOWN upon payment in full therefor to the
ENGINEER. Ownership of stamped drawings and specifications shall not
include the ENGINEER's certification or stamp. Any re -use of such documents
without the ENGINEER's written verification of suitability for the specific
purpose intended shall be without liability or legal exposure to the ENGINEER or
to the ENGINEER's independent professional associates, subcontractors or
consultants. Distribution or submission to meet official regulatory requirements
or for other purposes in connection with the Project is not to be construed as an
act in derogation of the ENGINEER's rights under this Agreement.
C. Comp' iancc With Laws: In the performance of the Work, the ENGINEER shall
comply with all applicable federal, state and local laws and regulations, including
those relating to workplace and employee safety.
5. Site Information Not Guar- ed. Cot
Investigation
The TOWN shall furnish to the ENGINEER available surveys, data and documents
relating to the area which is the subject of the Scope of Work. All such information, including
that relating to subsurface and other conditions, natural phenomena, existing pipes, and other
structures is from the best sources at present available to the TOWN. All such information is
furnished only for the information and convenience of the ENGINEER and is not guaranteed. It
is agreed and understood that the TOWN does not warrant or guarantee that the subsurface or
other conditions, natural phenomena, existing pipes, or other structures will be the same as those
indicated in the information furnished, and the ENGINEER must satisfy himself as to the
correctness of such information. If, in the opinion of the ENGINEER, such information is
inadequate, the ENGINEER may request the TOWN's approval to verify such information
through the use of consultants or additional exploration. In no case shall the ENGINEER
commence such work without the TOWN's prior written consent. Such work shall be
compensated as agreed upon by TOWN and ENGINEER.
6. Payments to the Contractor
A. Cost incurred on this project shall be billed monthly on an hourly basis as outlined
in the attached Scope of Services. Payment shall be due 30 days after receipt of
an invoice by the TOWN.
B. If there is a material change in the scope of work, the TOWN and the ENGINEER
shall mutually agree to an adjustment in the Contract Price.
C. If the TOWN authorizes the ENGINEER to perform additional services, the
ENGINEER shall be compensated in an amount mutually agreed upon, in
advance, in writing. Except in the case of an emergency, the ENGINEER shall
not perform any additional services until such compensation has been so
established.
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7. Reimbursemen
Except as otherwise included in the Contract Price or otherwise provided for under this
Agreement, the ENGINEER shall be reimbursed by the TOWN: (a) at 1.0 times the actual cost to
the ENGINEER of consultants retained to obtain information pursuant to Article 5 hereof or
otherwise. No such reimbursement shall be made unless the rates of compensation have been
approved, in advance, by the TOWN; (b) at 1.0 times the actual cost of additional or specially
authorized expense items, as approved by the TO .
8. Final P ry ent,, I fleet
The acceptance of final payment by the ENGINEER shall constitute a waiver of all
claims by the ENGINEER arising under the Agreement.
9. '1'earym 11.equired By Law
This Agreement shall be considered to include all terms required to be included in it by
the Massachusetts General Laws, and all other laws, as though such terms were set forth in full
herein.
10. Indemnification
A. General Liability: The ENGINEER shall indemnify and hold harmless the
TOWN from and against any and all claims, damages, losses, and expenses,
including attorney's fees, to the extent arising out of the performance of this
Agreement and to the extent the same relate to matters of general commercial
liability, when such claims, damages, losses, and expenses are caused, in whole or
in part, by the negligent or wrongful acts or omissions of the ENGINEER or his
employees, agents, subcontractors or representatives.
Professional Liability: The ENGINEER shall indemnify and hold harmless the
TO from and against any and all claims, damages, losses, and expenses,
including attorney's fees, arising out of the performance of this Agreement and to
the extent the same relate to the professional competence of the ENGINEER's
services, when such claims, damages, losses, and expenses are caused, in whole
or in part, by the negligent acts, negligent errors or omissions of the ENGINEER
or his employees, agents, subcontractors or representatives.
11. Insurance
The following are the required insurance amounts:
1) General Liability with liability coverage for personal injury, bodily
injury and property damage including Products and Completed Operations with
limits not less than $1,000,000 per occurrence and $3,000,000 aggregate. Such
insurance shall be written on an occurrence basis. This policy shall provide
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coverage on a primary and non-contributory basis and should name the
Municipality as an "Additional Insured".
2) Automobile Liability (applicable for any automobile operating
exposure) with limits of not less than $1,000,000 covering all owned, non -owned,
hired, rented or leased vehicles. The Municipality should be named as an
"Additional Insured".
3) Workers' Compensation and Employers' Liability Insurance including (i)
Workers' Compensation Insurance providing statutory coverage as required by the
Commonwealth of Massachusetts, and (ii) Employers' Liability
Insurance coverage with limits of not less than $500,000 per accident.
Each contractors, subcontractors, and consultants performing work on or about
the Premises shall have similar policies covering their employees.
4) Uni'brel1a Liability of at least $2,000,000 per occurrence with a
$2,000,000 Annual Aggregate. The Municipality should be named as an
"Additional Insured".
Additional ed if warranted by exposu Vie:
5) Professional Liability (including but not limited to any architects,
engineers, medical professionals) of at least $1,000,000 per occurrence with a
$3,000,000 aggregate. Proof of Coverage Only
6) Pollution Liability of at least $1,000,000 per claim with a $2,000,000
Annual Aggregate. The Municipality should be named as an "Additional
Insured".
The ENGINEER shall at his own expense obtain and maintain a Professional
Liability Insurance policy for errors, omissions or negligent acts arising out of the
performance of this Agreement in a minimum amount of $1,000,000.00.
The coverage shall be in force from the time of the agreement to the date when all
construction work for the Project is completed and accepted by the TOWN. If,
however, the policy is a claims made policy, it shall remain in force for a period
of six (6) years after completion.
Since this insurance is normally written on a year-to-year basis, the ENGINEER
shall notify the TOWN should coverage become unavailable.
The ENGINEER shall, before commencing performance of this Agreement,
provide by insurance for the payment of compensation and the furnishing of other
benefits in accordance with M.G.L. c.152, as amended, to all its employees and
shall continue such insurance in full force and effect during the term of the
Agreement.
E. The ENGINEER shall carry insurance in a sufficient amount to assure the
restoration of any plans, drawings, computations, field notes or other similar data
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relating to the work covered by this Agreement in the event of loss or destruction
until the final fee payment is made or all data are turned over to the TO .
The ENGINEER shall also maintain public liability insurance, including property
damage, bodily injury or death, and personal injury and motor vehicle liability
insurance against claims for damages because of bodily injury or death of any
person or damage to property.
Evidence of insurance coverage and any and all renewals substantiating that
required insurance coverage is in effect shall be filed with the Agreement. Any
cancellation of insurance, whether by the insurers or by the insured, shall not be
valid unless written notice thereof is given by the party proposing cancellation to
the other party and to the TOWN at least fifteen days prior to the intended
effective date thereof, which date shall be expressed in said notice.
H. Upon request of the ENGINEER, the TOWN reserves the right to modify any
conditions of this Article.
12. Notice
All notices required to be given hereunder shall be in writing and delivered to, or mailed
first class to, the parties' respective addresses stated above. In the event that immediate notice is
required, it may be given by telephone or facsimile, but shall, to the extent possible, be followed
by notice in writing in the manner set forth above.
13. Te ination
A. The TO shall have the right to terminate this Agreement in the event of a
failure of the ENGINEER to comply with the terms of the Agreement. Such
termination shall be effective upon seven days' notice to the party in default and
the failure within that time of said party to cure its default.
The TO shall also have the right to terminate the Agreement without cause,
upon ten (10) days' written notice to the ENGINEER. In the event that the
Agreement is terminated pursuant to this subparagraph, the ENGINEER shall be
reimbursed in accordance with the Agreement for all work performed up to the
termination date.
C. By written notice to the TO , the ENGINEER may terminate this contract:
(1) if the Town, within sixty (60) days following the TOWN's receipt of the
written notice of any default by the TO under the contract, shall have failed to
remove such default. Upon any such termination by the ENGINEER, all
compensation and reimbursement payable to the ENGINEER in accordance with
the contract, up to and including the date of termination, shall be paid to the
Designer by the Town. No amount shall be allowed for anticipated profit on
unperformed services.
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14. Miscellaneous
A. Assignment: The ENGINEER shall not assign or transfer any of its rights, duties
or obligations under this Agreement without the written approval of the TO .
Gov
.glaw: This Agreement shall be governed by and construed in
accordance with the law of the Commonwealth of Massachusetts.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the TO by its
authorized representative who, however, incurs no personal liability by reason of the execution
hereof or of anything herein contained, as of the day and year first above written.
Date:
By:
Name:
Title:
TO OF BREWSTER:
Vt{u Iamb
By:
Peter Lombardi, Town Administrator
CERTIFICATION OF AVAILABILITY OF FUNDS
In accord with General Laws, Chapter 44, §31C, this is to certify that an appropriation in the amount of this
contract is available therefor.
By:
519856/KOPE/0003
Mimi Bernardo, Finance Director
001-1222-5240-10002
Doc ID: 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
April 18, 2022
(sent via email)
Town of Brewster
2198 Main Street
Brewster, MA 02631
Attn: Donna J. Kalinick (Assistant Town Administrator)
RE: Proposal for Environmental Consulting Services
Remediation Oversight & MCP Compliance
3057 Main Street, Brewster, MA
Dear Ms. Kalinick,
River Hawk Environmental, LLC (RHE) is pleased to provide you with this proposed agreement for
providing professional services associated with the property located at 3057 Main Street in
Brewster, MA (the Subject Property).
The proposed Scope of Work and Cost Estimate is included in Attachment A. If you would like to
provide authorization for us to proceed, please sign the attached Agreement for Professional
Services and return it to the undersigned. A countersigned contract will be returned to you for
your records.
Sincerely,
River Hawk Environmental, LLC
William Kenney, LSP
Manager / Senior Geologist
Attachment A - Scope of Work and Proposed Costs
Attachment B - Agreement for Professional Services
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 1 2183 Ocean Street, M arshfield, MA 02050
RiverHawkLLC.com 1(508) 523-1007
Doc ID: 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
A ACH E T A
SC PE rF s>RKA PR POSE C STS
vil Engineering & Environmental Consulting
River Hawk Environmental, LLC 1 238 Ocean Street, M arshfield, M A 02050
RiverHawkLLC.com 1(508) 523-1007
Doc ID: 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
Client: Town of Brewster (the Town)
2198 ain Street
Brewster, A 02631
Engineer: River Hawk Environmental, LLC (RHE)
2183 Ocean Street, Suite 2
arshfield, A 02050
JOB DESCRIPTION:
Environmental assessment services associated with the property identified as 3057 Main Street
in Brewster, MA (the Subject Property). The scope of work set forth below is targeted at providing
the town with professional consulting services associated with compliance with the Massachusetts
Contingency Plan (MCP) and the remediation of metal contaminated soil identified at the former
.22 caliber shooting range at the Subject Property.
SCOPE OF SERVICES:
River Hawk Environmental, LLC (RHE) agrees to perform the following::
TASK 1: MCP COMPLIANCE ASSISTANCE
Antimony, Copper, Lead, and Zinc were detected at concentrations greater than the MCP RCS -1
Reportable Concentrations in soil samples collected from the .22 caliber shooting range at the
Subject Property. This detection requires that the owner of the Subject Property notifies the
MassDEP of a release condition within 120 -days (i.e., 120 -day reportable condition) and performs
environmental response actions in accordance with the provisions of the MCP. RHE will provide
the Town with the following MCP compliance services:
Release Notification Form (within 120 -days of gaining knowledge), . . $250
Release Abatement Measure Plan (prior to remediation). . . $4,500
Release Abatement Measure Status Report #1 (120 -days after RAM Plan). ... .. . , . , $2,500
Release Abatement Measure Status Report #2 (6 -months after RAM Status #1). .. , .. $2,500
Release Abatement Measure Status Report #3 (1 -year after RAM Status #1), , .a . . . # . $2,500
Phase I - Initial Site Investigation Report (1 -year after notification).... , . , . . . . . $3,500
Method 1 Risk Characterization. , , . . . , . . . . # . , . $2,750
Permanent Solution Statement... . $4,500
Estimated Total Cost for MCP Compliance Reports. a .. , ... $23,000
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 12183 Ocean Street, Marshfield, MA 02050
RiverHawkLLC,com 1(508) 523-1007
Doc ID: 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
TASK 2: SUPPLEMENTAL SOIL ASSESSMENT
RHE will conduct supplemental assessment to delineate the magnitude, extent, and treatability
of metals impacts in the shooting position and backstop area of the .22 caliber shooting range at
the Subject Property. The proposed scope of work includes advancing up to twenty (20) soil
borings into the shooting position and backstop area using a hand auger and geoprobe drill rig. Soil
samples will be screened for heavy metals using an x-ray fluorescence spectrometer (XRF) and
select soil samples will be submitted for confirmatory laboratory analysis.
Select soil samples will be treated with measured aliquots of stabilization reagent to determine
whether the soil can be stabilized on -site to achieve a TCLP lead concentration of less than 5.0
mg/L, and if so, what the required blend rate would be. Determining whether the material can be
effectively stabilized to reduce the TCLP Lead concentration may result in significant savings for
the town.
Proposed Cost for Supplemental Soil Assessment... .. .. $9,500
TASK 3: PREPARATION OF A CONTRACTOR REQUEST FOR PROPOSALS
RHE will prepare a Request for Proposals (RFP) for the remediation of heavy metals impacted soil
at the former .22 caliber shooting range. The RFP will include a summary of the background,
assessment activities conducted to date, remediation objectives, and general provisions for the
management of remediation waste. RHE will assist the Town with reviewing the Proposals that are
received to evaluate the responsiveness to components of the RFP and overall proposed
contractor prices.
Proposed Cost for Request for Proposal. . . . . . . . $2,500
TASK 4: REMEDIATION OVERSIGHT- PHASE II
This task includes estimated labor, equipment, materials, and laboratory analysis associated with
remediation at the former .22 caliber shooting range at the Subject Property:
Planning & Submittals:
RHE will attend pre-remediation meetings and participate in phone calls and on -site meetings with
the Property Owner, and the remediation contractor in preparation of the remediation effort. This
cost also includes the preparation of a Waste Profile and Bill of Lading (BOL) associated with the
off -site disposal of non -hazardous metal contaminated soil to be generated during remediation
efforts (the selected contractor will assist with the preparation of hazardous waste contractors if
TCLP lead levels cannot be reduced to below 5.0 mg/L for all soil).
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 12183 Ocean Street, M arshfield, MA 02050
RiverHawkLLC,com 1(508) 523-1007
Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
Confirmatory Soil Pre -Characterization and Remediation Oversight & Assessment:
Based on the preliminary schedule estimates, remediation is expected to take an estimated 15 -
days. RHE personnel will use an XRF to attempt to determine the vertical and horizontal extents
of heavy metals impact on a "real-time" basis during excavation activities. It is expected that up
to twelve (12) soil samples will be submitted for confirmatory laboratory analysis of heavy metals.
RHE will provide project management, field oversight, and associated field equipment during the
remediation process. A timeline of 10 hours per day for 15 days was used as an estimate for
determining oversight costs, but it is likely that the time/frequency of visits may vary.
RHE will also conduct perimeter airborne particulate monitoring at up to three (3) locations during
active remediation activities (i.e., excavation, treatment, loading, etc). Perimeter air monitors will
be set within weather enclosures and will be set to alarm if dust action control limits (to be
specified in the RAM Plan) are exceeded on a 15 -minute time weighted average (TWA) basis. RHE
personnel will download data and set the units up to charge at the end of each day.
Please note: The Contractor will be responsible for providing dust control and conducting
particulate monitoring in the work zone during remediation activities).
Estimated Cost for Remediation Oversight & Assessment.. , ....... a .. a , . . . . .. $22,500
ADDITIONAL SERVICES:
Any service not specifically outlined in the Scope of Services for the project is specifically excluded
from this agreement, but may be provided by RHE should the need arise. In the event that
additional services should become necessary, a Contract Amendment must be authorized prior to
RHE performing additional services and will be based on the fee schedule provided. The following
is a list of services which may be provided, if needed:
C Additional assessment;
C Any additional compliance, filing, and/or permitting requirements in accordance
with the requirements of local, state, and/or federal agencies;
C Any service not specifically stated in the Scope of Services.
SCHEDULE OF SERVICES:
RHE will be prepared to provide staffing one -week after receiving a signed contract.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 2183 Ocean Street, Marshfield, MA 02050
RiverHawkLLC.com 1(508) 523-1007
Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
and Proposed Costs
COMPENSATION:
RHE and the CLIENT agree that compensation for the performance of this anticipated scope of
work (SOW) will be Fifty Seven Thousand Five Hundred Dollars ($57,500). If additional services
are required beyond the Scope of Work, those services will be billed on a time and materials basis
in accordance with Attachment B.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC 1 2183 Ocean Street, M arshfield, MA 02050
RiverHawkLLCcom 1(508) 523-1007
Doc ID: 13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
A ACH E TB
AGREE E T F R PR,+'FESS! AL SERVICES
Civil Engineering & Environment& Consulting
River Hawk Environmental, LLC 12183 Ocean Street, Marshfield, MA 02050
RiverHawkLLC.com 1(508) 523-1007
Doc ID:13f51ce3caa78e6cb09d4e92ee0c7f163c357f1e
This AGREEMENT is made by and between River Hawk Environmental, LLC, herein referred to as
RHE, and Town of Brewster, 2198 Main Street, Brewster, MA 02631, herein referred to as the
CLIENT.
The CLIENT and RHE agree as follows:
1. SERVICES
RHE will provide to the CLIENT the services as set out in
ATTACHMENT 8 to this AGREEMENT.
2. COMPENSATION
The CLIENT will pay RHE for these services in accordance with
ATTACHMENT A to this AGREEMENT.
3. CLIENT'S RESPONSIBILITIES
The CLIENT recognizes that RHE may perform additional services,
do additional work and incur expenses as a result of claims made
by other parties related to the project. The CLIENT will pay RHE for
these services, work and expenses, including but not limited to
attorney fees and expenses, whether or not RHE is a named party.
4. PAYMENT TERMS
RHE will preparea bill periodically which shall set forth professional
charges, and other charges. The "amount due" is due upon receipt
of the bill. All amounts not paid within thirty (30) days after the
bill's mailing date shall bear an additional charge of one and one-
half percent(1'''A%) per month calculated from the time of the initial
issuance of the invoice. Whenever the account is past due more
than sixty (60) days after bill mailing, RHE may suspend any further
work or document delivery called for by this AGREEMENT until such
account is made current, The fact that RHE may continue to work
beyond the time during which it may have suspended the work
shall not be deemed to be a waiver of its rights hereunder. The
CLIENTshall be responsible and shall pay RHEforall costs, including
attorney fees incurred as a result of the collection of any overdue
balances. Advance payment shall be applied to the last charges on
the PROJECT.
Payment shall be made to RHE, Inc. and forwarded too.
River Hawk Environmental, LLC
2183 Ocean Street
Marshfield, MA 02050
5. PERFORMANCE
RHE will perform its services for this AGREEMENT with the degree
of skill and care normally exercised by recognized professional firms
performing services of a similar nature. RHE specifically disclaims,
and Client waives, any expressed or implied standards, guarantees
or warranties, including warranties of merchantability and fitness
for a particular purpose, customer usage or otherwise as to any
services which are the subject of this AGREEMENT.
6. INSURANCE AND LIMITATIONS
RHE will maintain statutory workman's compensation insurance,
general liability insurance, auto liability insurance and
professional liability insurance all as may be reasonably available
in the insurance market.
RHE's liability for damages, resulting from Professional Services
errors and omissions will be limited to a sum not to exceed
$50,000 or RHE's fee, whichever is greater. Notwithstanding the
foregoing, said limitation shall not apply to the extent that any
such damages shall be covered by RHE's professional liability
insurance.
This limitation will apply regardless of the form of action, whether
contract or tort, including without limitation negligence. In no
event will RHE be liable for any damages resulting from lost
profits, lost data or use, indirect, incidental or consequential
damages.
In the event the CLIENT makes a claim against RHE under Article
10 below, and the CLIENT fails to prove such claim, then the
CLIENT shall pay all reasonable charges for RHE work, costs and
expenses incurred by RHE in defending itself against the claim,
including reasonable attorney fees.
7. CONTAMINATED MATERIALS
The Services performed by RHE may deal in some way with oil,
hazardous material, pollution or contaminated materials which
were on the Site, study area or related area through no fault or
action of RHE. Therefore, the CLIENT agrees to defend, indemnify
and hold harmless, RHE, subsidiaries, consultants, agents,
directors, officers and employees from and against all claims,
damages, losses and expenses, direct, indirect, incidental, and
consequential damages, economic loss, lost profit or opportunity,
pollution and environmental impairment and natural resource
damages including but not limited to fees, charges of attorneys,
and court and arbitration costs, directly or indirectly caused by or
incident to the toxic or hazardous properties of substances or
materials and/or arise out of any state or federal statute relating
to toxic or hazardous materials or substances, and/or arise
directly or indirectly out of or result from any professional
services, report, data, LSP opinion or assessment furnished by
RHE, subsidiaries, its employees, agents and subcontractors under
this AGREEMENT. Unless required by code or statute,
environmental samples shall remain the property of and will be
returned to the CLIENT.
8. OWNERSHIP AND USE OF DOCUMENTS
Drawings, Reports, Specifications and other Documents as
instruments of service are and shall remain the property of RHE.
The CLIENT shall be permitted to retain copies, including
reproducible copies of Drawings, Reports, Specifications and
other Documents for information and reference in connection
April 18, 2022
Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
with the CLIENT'S use and occupancy of the PROJECT. The
Documents shall not be used by the CLIENT on other projects, for
additions to this PROJECT, or for completion of this AGREEMENT,
except by agreement in writing and with appropriate compensation
to RHE.
9. RESPONSIBILITY FOR CONSTRUCTION COST
Evaluations of the CLIENT'S Project budget, Statements of
Probable Construction Cost and Detailed Estimates of Construction
Cost and other project cost data, if any, prepared by RHE represent
RHE's best judgment as a design professional familiar with the
construction industry. Neither RHE nor the CLIENT has control over
the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding,
market or negotiating conditions. Accordingly, RHE cannot and
does not warrant or represent that bids or negotiated prices will
not vary from the Project budget proposed, established or
approved by the CLIENT, if any, or from any Statement of Probable
Construction Cost or other cost estimate or evaluation prepared by
RHE.
10. ARBITRATION
All claims, disputes and other matters in question between the
parties to this AGREEMENT, arising out of or relating to this
AGREEMENT or the breach thereof, which cannot be immediately
resolved between the CLIENT and RHE, shall be decided by
arbitration in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then obtaining
unless the parties mutually agree otherwise. No arbitration arising
out of or relating to this AGREEMENT shall include, by
consolidation, joinder or in any other manner, any additional
person not a party to this AGREEMENT.
The demand for arbitration shall be made within a reasonable time
and in no event shall the demand for arbitration be made after the
date when institution of legal or equitable proceedings based on
such claim, dispute, or other matter in question would be barred
by the applicable statute of limitations.
11. TERMINATION OF AGREEMENT
This AGREEMENT may be terminated by either party upon seven
days' written notice should the other party substantially fail to
perform in accordance with its terms through no fault of the party
initiating the termination; or by the CLIENT upon at least seven
days' written notice to RHE in the event that the project is
permanently abandoned.
Either party may terminate upon seven days' written notice if the
other party commits a non -curable default or violation of this
AGREEMENT, commits a curable default or violation of the
AGREEMENT which is not remedied within a designated time
period, becomes insolvent or has a petition filed against it as
bankrupt or insolvent, executes an assignment for the benefit of
creditors or has a receiver appointed for any reason.
In the event of termination, RHE shall be compensated for all
services performed to termination date, together with
Reimbursable Expenses then incurred and all termination related
charges and expenses.
12. MISCELLANEOUS PROVISIONS
This AGREEMENT is to be governed by the laws of the state of
Massachusetts, without regard to those laws relating to conflict
of laws.
Waiver by either party of any of its rights or remedies or of any
breaches by the other party under this AGREEMENT in a particular
instance shall not be considered as a waiver of the same or
different rights, remedies or breaches in subsequent instances.
Each party shall not transfer, pledge or assign this AGREEMENT or
any rights or obligations hereunder, without first obtaining in
each instance the prior written consent of the other.
This AGREEMENT represents the entire and integrated agreement
between CLIENT and RHE and supersedes all prior negotiations,
representations or agreements, either written or oral. This
AGREEMENT may be amended only by written instrument signed
by both CLIENT and RHE.
RHE's professional services will be performed, findings obtained,
and recommendations prepared in accordance with customary
principles and practices in the fields of environmental science and
engineering. This warranty is in lieu of all other warranties either
expressed or implied. RHE is not responsible for the independent
conclusions, opinions, or recommendations made by others based
on the records review, field inspection, field exploration, and
laboratory test data presented in RHE's reports.
Environmental investigations are inherently limited in the sense
that conclusions are drawn and recommendations developed
from information obtained from limited research and subsurface
investigation. Subsurface conditions in areas not field investigated
as part of this study may differ from the conditions implied by the
limited investigation. Additionally, the passage of time may result
in a change in the environmental characteristics at the Subject
Property and surrounding properties. RHEt report will not
warrant against future operations or conditions, nor will it
warrant operations or conditions present of a type or at a location
not investigated.
The CLIENT acknowledges that neither RHE, nor any of their
subcontractors, are responsible for any damage to utilities and/or
surface features caused by subsurface investigation activities.
13. COMMENCEMENT OF SERVICES
RHE shall not begin work until RHE has received a fully executed
contract and any advance payment specified in Attachment B or
subsequent addendums.
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Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
14. MASSACHUSETTS LICENSED SITE PROFESSIONAL
Certain services performed under this Agreement may require an
opinion of a Licensed Site Professional ("LSP") licensed pursuant to
Massachusetts General Laws c.21E. The LSP is bound by certain
rules of professional conduct established under M.G.L. c.21E, and
specifically 309CMR 4.00. The Client agrees to cooperate fully with
the LSP in his/her rendering of any LSP opinion and in all matters
required to be undertaken in connection with this work. Client
recognizes and acknowledges that an LSP is under obligation to
report to the Client certain information which may be discovered
during the course of the work, and to report such information to
appropriate governmental agencies in the event that, in the LSP's
opinion, the Client does not comply with any applicable federal,
state or local environmental or related law, regulation, rule or
administrative policy. In addition to Client's indemnification
obligations pursuant to Section 7 hereof, Client indemnifies, holds
harmless and agrees to defend RHE, subsidiaries and any individual
LSP rendering an opinion in connection with this work for all
actions which may be initiated against the LSP, RHE, its, subsidiaries
or the Client for the Client's failure to comply with all applicable
laws or with the recommendations ofthe LSP. Client further agrees
that, except for bad faith or reckless disregard by the LSP of his
professional obligations, Client's rights and remedies against an LSP
will be limited to the filing of a complaint with the LSP licensing
board pursuant to 309 CMR 7.00, and the Client waives and
releases all other rights and remedies the Client may have against
an LSP.
This AGREEMENT is effective on the last signed date.
CLIENT:
Town of Brewster
2198 Main Street
Brewster, MA 02631
Attn: Donna J. Kalinick
(508) 896-3701 ext. 1130
dkalinick@brewster-ma.gov
SIGNATURE:
NAME:
TITLE:
DATE:
SERVICE PROVIDER:
River Hawk Environmental, LLC
2183 Ocean Street, Suite 2
Marshfield, MA 02050
(781) 536-4639
bkenney@riverhawkllc.com
SIGNATURE:
NAME: William Kenney
TITLE:
DATE:
Manager/Sr. Geologist
April 18, 2022
Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
FEE SCHEDULE
Compensation to River Hawk Environmental, LLC will be in
accordance with River Hawk Environmental, LLC's current
Standard Rates:
PER HOUR
Principal. 200.00
Licensed Site Professional 135.00
Chief Engineer. 160.00
Senior Engineer. 135.00
Senior Geologist . . . . . . . . . . . . . . . . . . . . . . . . . .. . ,,, . 135.00
Chief Surveyor. . . . . . . . . . . . . . . . . . .. . . . . . . :. .. . 135.00
Senior Project Engineer 110.00
Senior Surveyor. . . . . . . . . . . . . . . . . . . . . ........„,-110.00
Project Manager 110.00
Project Surveyor. . . . . . . . . . . . . . . . . . . . . 85.00
Project Engineer/Geologist 85.00
Environmental Scientist I.. . . . 85.00
Surveyor 75.00
Geologist/Engineer. . . . . . . . . . . . . . . . . . < . , , , . . . . , ... 75.00
Environmental Scientist. . . . . . . . . . . . . . . 75.00
Engineer/Scientist/Geologist Technician I. < . . . . . . . . . M 75.00
Surveying Technician 65.00
CAD Operator 65.00
1) Incurred expenses including but not limited to telephone
calls, travel, lodging, subsistence, printing costs, computer
use, stakes, monuments, and other project -related costs are
billed to the CLIENT at actual costs, plus 15%.
2) Outside services procured and coordinated by River Hawk
Environmental, LLC are charged at cost plus 15%.
3) Work in excess of 8 hours per day and/or 40 hours per week,
where required for non -salaried employees, is charged at 1A
times the standard rate.
4) All time for the field work is calculated and charged from
the time the Field Crew(s) leave their office(s) to the time
they return. There is a minimum of four (4) hours charged
for any project requiring field work.
5) When necessary for the Field Crew(s) to set up on heavily
traveled roads or any State Highway, police protection will
be secured and the charges billed directly to the CLIENT.
6) Court appearances, testimony and oral depositions are
charged at two times standard rates. Time expended for
preparation of written depositions and affidavits is charged
at 1% standard rates. Preparation for testimony is charged
at standard rates. A minimum of four (4) hours will be
charged for oral depositions and court appearances or
testimony.
7) In an effort to keep the CLIENT informed, River Hawk
Environmental, LLC has given the CLIENT an estimate of
charges which are not a limit on River Hawk Environmental,
LLC's compensation, but rather a guide for River Hawk
Environmental, LLC and for the CLIENT's budgeting
program. River Hawk Environmental, LLC will notify the
CLIENT if and when River Hawk Environmental, LLC believes
additional effort will be required to perform a River Hawk
Environmental, LLC assignment. River Hawk Environmental,
LLC will also include a description of the changing
circumstances which River Hawk Environmental, LLC
believes to be the basis for the additional effort. This
budget estimate and any additions or reductions in the
budget are not limits on River Hawk Environmental, LLC
compensation. The CLIENT will compensate River Hawk
Environmental, LLC for work performed for the CLIENT
according to the above contract terms.
8) There is a fee of $25 for all returned checks.
April 18, 2022
Doc ID: 13f51 ce3caa78e6cb09d4e92ee0c7f163c357f7e
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COMPLETED
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05 / 05 / 2022
18:41:12 UTC
05 / 05 / 2022
18:42:05 UTC
05 / 05 / 2022
19:00:47 UTC
05 / 05 / 2022
19:01:21 UTC
05 / 05 / 2022
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Riverhawk CCSC ENV
Riverhawk Env. 05.05.22.pdf
13f51ce3caa78e6cb09d4e92ee0c7f163c357f7e
MM/DD/YYYY
Signed
Sent for signature to Peter Lombardi
(plombardi@brewster-ma.gov) and Mimi Bernardo
(mbernardo@brewster-ma.gov) from dkalinick@brewster-ma.gov
IP: 131.109.131.20
Viewed by Peter Lombardi (plombardi@brewster-ma.gov)
IP: 131.109.131.20
Signed by Peter Lombardi (plombardi@brewster-ma.gov)
IP: 131.109.131.20
Viewed by Mimi Bernardo (mbernardo@brewster-ma.gov)
IP: 131.109.131.20
Signed by Mimi Bernardo (mbernardo@brewster-ma.gov)
IP: 131.109.131.20
The document has been completed.
RELEASE ABATEMENT MEASURE PLAN
Portion of 3057 Main Street
Brewster, MA 02631
MassDEP RTN: 4-29231
Prepared For:
Town of Brewster
2198 Main Street
Brewster, MA 02631
Prepared by:
River Hawk Environmental, LLC
2183 Ocean Street
Marshfield, MA 02050
June 8, 2022
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Plan (RAM Plan) - RTN 4-29231
Portion of 3057 Main Street, Brewster, MA
June 8, 2022
Table of Contents:
1.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2.0 GENERAL DISPOSAL SITE INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.1 Location and Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.2 Description & Current Use of the Subject Property & Disposal Site Area . . . . . . . 2
2.3 Subject Property History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.4 Potential Receptors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.5 RAM Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.0 SUMMARY OF ENVIRONMENTAL ASSESSMENT ACTIVITIES . . . . . . . . . . . . . . . . . . . . . 5
3.1 Soil Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.1.1 Geoprobe Soil Boring Advancements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.1.2 Hand Auger Soil Borings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.1.3 Evaluation of Soil Assessment Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.2 Groundwater Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.2.1 Previously Existing Monitoring Wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.2.2 Monitoring Well Installation & Development . . . . . . . . . . . . . . . . . . . . . . . 7
3.2.3 Monitoring Well Gauging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.2.4 Groundwater Sample Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.2.5 Evaluation of Groundwater Assessment Data. . . . . . . . . . . . . . . . . . . . . . . 8
4.0 RELEASE ABATEMENT MEASURE PLAN & STATUS DETAILS. . . . . . . . . . . . . . . . . . . . . . 9
4.1 Objectives of this Release Abatement Measure Plan . . . . . . . . . . . . . . . . . . . . . . . 9
4.2 Site Security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.3 Erosion/Sedimentation Controls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.4 Dust Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.5 Safety Precautions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.6 Excavated Material Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.7 Environmental Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.8 Unforseen Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4.9 Implementation Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4.10 Additional Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4.11 Certification for Greater than 1,500 Cubic Yards of Soil . . . . . . . . . . . . . . . . . . . . 12
4.12 Payment of RAM Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.13 Public Involvement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5.0 LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
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List of Figures:
Figure 1 - Site Location Plan
Figure 2 - Site Plan
Figure 3 - MassGIS Environmental Plan
Figure 4 - Proposed RAM Area
List of Tables:
Table 1 - Soil Sample Screening Summary
Table 2 - Soil Sample Analytical Summary
Table 3 - Groundwater Sample Analytical Summary
List of Appendices:
Appendix A - BWSC Forms
Appendix B - Photographs
Appendix C - Boring Logs / Monitoring Well As-Built Diagrams
Appendix D - Laboratory Analytical Reports
Appendix E - Public Notice Documentation
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1.0 INTRODUCTION
On behalf of the Town of Brewster (the Property Owner), River Hawk Environmental, LLC (RHE) has
prepared this Release Abatement Measure Plan (RAM Plan) to provide the Massachusetts
Department of Environmental Protection (MassDEP) with information relative to the interim
stabilization and remediation of soil impacts associated with a former .22 caliber rifle range at a
portion of 3057 Main Street in Brewster, MA (the Subject Property). The MassDEP issued Release
Tracking Number (RTN) 4-29231 (the Disposal Site) to track environmental response actions
associated with the Subject Property.
This document has been prepared in accordance with the requirements of 310 CMR 40.0444, and
includes information related to the objectives, plans, proposed implementation, status, and
schedule for response actions. The Subject Property, known area of impact associated with the
Disposal Site, resources within the vicinity of the Subject Property, and the estimated location of
the proposed remediation are displayed on Figures 1 through 4. A copy of the MassDEP Bureau
of Waste Site Cleanup (BWSC) RAM Submittal Form (BWSC Form 106) is included in Appendix A.
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2.0 GENERAL DISPOSAL SITE INFORMATION
The following subsections provide information regarding the location, setting, and known
environmental condition of the Disposal Site Area. Photographic documentation of the Disposal
Site area is included in Appendix B.
2.1 Location and Description
Location Aid/Site Name:Former Cape Cod Sea Camps Property
Release Tracking Number:4-29231
Address:3057 Main Street
Brewster, MA 02631
Assessor’s Information:Map 101, Parcel 45
MassDEP GIS Coordinates:41.774080N, -70.043120W
Property Owner:Town of Brewster
(Entity Conducting Response Actions)2198 Main Street
Brewster, MA 02631
Licensed Site Professional:River Hawk Environmental, LLC
2183 Ocean Street
Marshfield, MA 02050
LSP of Record: William Kenney, LSP #3798 1
Phone: (781) 536-4639 | Email: bkenney@riverhawkllc.com
2.2 Description & Current Use of the Subject Property & Disposal Site Area
The Subject Property is a 54.92-acre parcel (Map 101, Parcel 45) located north of Main Street in
an area of Brewster, MA used for residential, commercial, and recreational purposes. The Subject
Property is improved with numerous buildings associated with a former summer camp (Cape Cod
Sea Camps). The ground surface between the buildings is predominantly covered with either
bituminous concrete (i.e., pavement), concrete, and/or maintained landscaping. Paved and/or dirt
roads and parking areas are located throughout the Subject Property and between the buildings
1 By virtue of electronically signing the BWSC Form 106, the LSP certifies that the RAM is being conducted
in conformance with the performance criteria of 310 CMR 40.0444(1)(g).
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on the Subject Property. A former .22 caliber rifle range, which is surrounded on all sides by a
fence, is present on the northeastern portion of the Subject Property. Additional improvements
(i.e., tennis courts, basketball courts, and a swimming pool) are also located on the central and/or
northern portions of the Subject Property.
RHE conducted due diligence investigation at the Subject Property in 2021, which identified the
former presence of the .22 caliber rifle range on the northeastern portion of the Subject Property
as a potential Recognized Environmental Condition (REC). Subsurface investigations were
conducted in the .22 caliber rifle range between October 2021 and November 2021 to evaluate
whether previous shooting activities had resulted in impacts to soil and groundwater. Select metals
(Antimony, Copper, Lead, and Zinc) were detected at concentrations greater than the MCP RCS-1
Reportable Concentrations in shallow soil samples collected from the shooting position and/or
backstop of the former rifle range. The area of metals impact associated with the former .22 caliber
rifle range is referred to as the Disposal Site, and is displayed on Figure 4.
2.3 Subject Property History
The Subject Property has operated as a children’s summer camp for approximately 100-years.
According to former Cape Cod Sea Camps personnel, the Subject Property was used as a hunting
estate prior to the development of the Subject Property for use as a children’s summer camp. The
Subject Property was acquired by the Town of Brewster on November 29, 2021 (Barnstable County
Registry of Deeds Book 34698, Page 80).
2.4 Potential Receptors
The following is a summary of potential human and environmental receptors associated with the
Subject Release Site:
Human Receptors:
The Disposal Site is located within a former summer camp area. Properties in the immediate
vicinity are used for residential and commercial purposes. A safety fence was present at the
perimeter of the rifle range prior to investigation and remediation activities. A chain link fence will
be placed at the perimeter of the former rifle range, and the backstop of the rifle range will be
covered with polyethylene sheeting until formal remediation can be conducted. The chain link
fence will remain in place, and dust control measures/monitoring will be implemented, during
proposed redevelopment activities.
Potential human receptors associated with this RAM include construction/utility workers and
nearby residents. Remediation will be conducted in accordance with the Contractor’s Health and
Safety Plan (HASP). Minimizing dust generation during earthwork associated with this RAM will be
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paramount to minimize impact to construction workers and off-site receptors.
Groundwater Supply & Groundwater Use:
The Subject Property is located within a MassDEP-delineated Medium Yield Aquifer and a US EPA-
designated Sole Source Aquifer. No private drinking water wells were identified in the immediate
vicinity of the Disposal Site.
Wetlands Resources & Surface Water Bodies:
The Disposal Site is not located within 100-feet of wetland resources or surface water bodies.
Perimeter erosion/sedimentation controls (i.e., silt fence, hay bales, compost fiber rolls, and/or
straw wattles) will be placed at topographically low-lying portions of the remediation area during
earthwork associated with this RAM.
Open Spaces & Areas of Critical Environmental Concern:
Based on a review of the MassGIS Environmental Map of Priority Resources (Figure 3), the Disposal
Site is not located within an Open Space, Area of Critical Environmental Concern (ACEC), or
Threatened or Endangered Species Habitat.
2.5 RAM Plan
RHE has prepared this RAM Plan to document interim stabilization actions associated with the
Disposal Site (i.e., placement of a temporary chain link fence and polyethylene cover). Additional
environmental response actions to address impacts at the former .22 caliber rifle range will be
specified in a RAM Status/RAM Plan Modification Report.
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3.0 SUMMARY OF ENVIRONMENTAL ASSESSMENT ACTIVITIES
RHE conducted a Phase II Limited Subsurface Investigation (Phase II LSI) to evaluate potential
environmental concerns associated with the Subject Property between October and November
2021. The Phase II LSI included the preliminary assessment of soil and groundwater conditions
within and in the vicinity of the former .22 caliber rifle range (i.e., the Disposal Site) and other areas
that posed potential environmental concern at the Subject Property. Further detail regarding the
limited subsurface investigation conducted in the vicinity of the Disposal Site is summarized below:
3.1 Soil Assessment
The following is a summary of soil assessment activities conducted within and in the vicinity of the
Disposal Site:
3.1.1 Geoprobe Soil Boring Advancements
RHE directed NE Geotechnical, Inc., of Jamestown, RI, during the advancement of one (1) soil
boring in the northern portion of the backstop of the former .22 caliber rifle range (SB-103) on
October 12, 2021. The soil boring was advanced using a track-mounted Geoprobe® drill rig. Soil
samples were collected from the boring using acetate sleeves. Soil samples were screened for total
organic volatile (TOV) content using a MultiRAE organic volatile meter (OVM) calibrated with 100
ppmv isobutylene span gas and equipped with a 10.6 eV lamp and were screened for select metals
using an Olympus Vanta-C Series X-Ray Fluorescence Analyzer (XRF). One soil sample [SB-103 (5'-
10')] was submitted to ESS Laboratory, of Cranston, RI, for laboratory analysis of select metals
(Arsenic, Copper, Lead, and Zinc). The location of soil boring SB-103 is displayed on Figure 4. Soil
classifications are included in the boring logs (Appendix C). Field screening data are summarized
in Table 1, and laboratory analytical results are summarized in Table 2. The complete laboratory
analytical report is included in Appendix D.
3.1.2 Hand Auger Soil Borings
RHE personnel used hand tools (i.e., a post-hole digger and hand auger) to advance eleven (11)
shallow soil borings in the backstop and adjacent to the shooting position of the former .22-caliber
rifle range (SB-104, SB-105, SB-106, SB-107, SB-108, SB-109, SB-110, SB-111, SB-112, SB-113, SB-
114) on October 12, 2021. Soil samples were collected from 0 to 1 foot below grade and 1 foot to
2 feet below grade in each soil boring. Soil samples were screened for TOVs using an OVM and
screened for select metals using an XRF. Ten (10) soil samples [SB-104 (0-1'), SB-104 (1'-2'), SB-106
(0-1'), SB-106 (1'-2'), SB-108 (0-1'), SB-108 (1'-2'), SB-110 (0-1'), SB-110 (1'-2'), SB-113 (0-1'), SB-113
(1'-2')] were submitted to ESS Laboratory for laboratory analysis of MCP 13 Metals, Copper, and/or
Toxicity Characteristic Leaching Procedure (TCLP) Lead. Soil sample locations in the former rifle
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range are displayed on Figure 4. Field screening data are summarized in Table 1, and laboratory
analytical results are summarized in Table 2. The complete laboratory analytical report is included
in Appendix D.
3.1.3 Evaluation of Soil Assessment Data
The following is a summary of soil assessment data collected within and in the vicinity of the
Disposal Site during the Phase II LSI:
Physical Soil Characteristics:
Soil within the Disposal Site Area is predominantly sand with lesser amounts of silt and gravel.
Bedrock was not encountered during subsurface exploration activities.
TOV Field Screening Results:
An evaluation of TOV field screening results revealed that TOV levels were not detected at levels
greater than 1 parts per million by volume (ppmv).
Metals Field Screening Results:
An evaluation of metals screening results revealed elevated levels of Antimony, Arsenic, Copper,
Lead, and/or Zinc in soil samples collected from the backstop of the .22 caliber rifle range (SB-103,
SB-104, SB-105, SB-106, SB-107, SB-108, SB-109, and SB-110) and immediately east of the shooting
house of the .22 caliber firing range (SB-112, SB-113, and SB-114). In general, the concentration
of metals detected via field screening of soil samples collected from 0' to 1' below grade were
higher than metals concentrations in soil samples collected from 1' to 2' below grade.
The Lead screening level associated with soil sample SB-103 (5'-10') was higher than the screening
level for the overlying soil sample, which is a data anomaly. Supplemental assessment is warranted
to confirm the extent of Lead impacts to soil.
Metals Laboratory Results:
Antimony was detected at concentrations greater than the MCP Method 1 S-1/GW-1 Soil Standard
in select soil samples collected from the backstop of the .22 caliber firing range [SB-104 (0-1') and
SB-106 (0-1')]. Antimony was not detected in soil samples collected from 1 to 2 feet below grade
in soil borings SB-104 and SB-106. The likely source of shallow Antimony impacts were .22 caliber
bullets shot into the backstop of the shooting range.
Copper and/or Zinc were detected at a concentration greater than the MCP Method 1 S-1/GW-1
Soil Standard soil samples collected from the area immediately east of the shooting position of the
.22 caliber shooting range [SB-113 (0-1') and/or SB-113 (1'-2')]. The likely source of Copper and Zinc
impacts was spent brass shell casings.
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Total Lead was detected at concentrations greater than the MCP Method 1 S-1/GW-1 Soil Standard
in nearly all of the soil samples collected from the backstop of the .22 caliber rifle range and
immediately east of the shooting house of the .22 caliber firing range. In general, the concentration
of Total Lead detected in soil samples collected from 0 to 1 foot below grade was higher than the
Total Lead detected in soil samples collected from 1 to 2 feet below grade.
The detection of total Lead in soil sample SB-103 (5'-10') appears to be anomalous, and may have
been the result of boring collapse during the geoprobe soil boring advancement. Supplemental
assessment is warranted to confirm the extents of Lead impacts to soil.
Lead was detected at concentrations greater then the federal characteristic hazardous waste level
(5.0 mg/L) in all soil samples collected from 0 to 2 feet below grade in the backstop of the .22
caliber rifle range and in the soil sample collected from 0 to 1 foot below grade in the area
immediately east of the shooting house of the .22 caliber firing range. Based on these results,
portions of the soil in the backstop and area immediately east of the shooting house of the .22
caliber rifle range have been/will be defined as characteristic hazardous waste upon generation
(Hazardous Waste Code D008). This soil may be disposed of in a Subtitle C landfill, but cannot be
disposed in a Subtitle D landfill until it has been stabilized/treated below the characteristic level
(if possible).
3.2 Groundwater Assessment
The following is a summary of groundwater assessment conducted within and in the vicinity of the
Disposal Site:
3.2.1 Previously Existing Monitoring Wells
A previously existing monitoring well was located in the area north of the .22 caliber shooting
range (MW-4) prior to the Phase II LSI in 2021. Refer to Figure 4 for the location of monitoring well
MW-4. According to a representative of the former owner of the Subject Property, the monitoring
well was installed as part of a previous hydrogeological survey and/or to monitor groundwater in
accordance with a Groundwater Discharge Permit associated with previous summer camp
operations.
3.2.2 Monitoring Well Installation & Development
Soil boring SB-103 was completed as monitoring well MW-103, which was constructed with 1-inch
diameter polyvinyl chloride (PVC) piping. The screen MW-103 intersects the water table elevation.
Refer to the Boring Logs (Appendix C) for monitoring well as-built specifications.
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RHE personnel used a peristaltic pump to develop monitoring well MW-103 on October 12, 2021.
The monitoring well was purged until visible turbidity in the purge water had subsided.
3.2.3 Monitoring Well Gauging
RHE personnel gauged the depth to groundwater within monitoring well MW-4 and MW-103 on
October 14, 2021. Monitoring well gauging was conducted with an electronic interface probe (EIP),
which was capable of determining the depth to groundwater and presence/absence of
non-aqueous phase liquid (NAPL). Well gauging data are included in Table 3.
3.2.4 Groundwater Sample Collection
RHE personnel used peristaltic pumps to collect groundwater samples from monitoring wells MW-4
and MW-103 on October 14, 2021. After approximately three well volumes of groundwater was
purged from each well, groundwater samples were collected in pre-cleaned and pre-preserved
containers provided by the laboratory. Groundwater samples collected from monitoring wells MW-
4 and MW-103 were submitted to ESS Laboratory for laboratory analysis of dissolved MCP 14
Metals and Volatile Organic Compounds (VOCs). Summarized laboratory analytical results are
included in Table 3, and the complete laboratory analytical report is included in Appendix D.
3.2.5 Evaluation of Groundwater Assessment Data
The following is a summary of soil assessment data collected within and in the vicinity of the
Disposal Site during the Phase II LSI:
Monitoring Well Gauging Data:
The depth to groundwater on October 14, 2021 ranged from 4.87-feet below grade (MW-4) to
10.03-feet below grade (MW-103). Apparent groundwater flow within the monitoring well network
is down to the north/northwest (i.e., towards Cape Cod Bay).
Dissolved Metals Laboratory Results:
No dissolved MCP-14 Metals were detected in groundwater samples at concentrations greater than
the MCP Method 1 GW-1 Groundwater Standards.
VOC Laboratory Results:
No VOC compounds were detected at concentrations greater than the analytical method detection
limit (i.e., non-detect).
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4.0 RELEASE ABATEMENT MEASURE PLAN & STATUS DETAILS
The following subsections include information relative to the requirements of 310 CMR 40.0444.
4.1 Objectives of this Release Abatement Measure Plan
The following are the objectives of this RAM:
• Establish and maintain site security, dust, and sediment/ erosion controls;
• Conduct supplemental assessment to confirm the magnitude, extent, and stabilization
treatment potential of impacts associated with the former .22 caliber rifle range;
• Excavate impacted soil that exceeds regulatory thresholds;
• Conduct soil treatment, excavation, and management; and
• Conduct environmental monitoring during excavation activities.
4.2 Site Security
As an interim stabilization measure, a temporary chain link fence will be placed around the
backstop, low-lying vegetation will be removed from the backstop, and polyethylene sheeting will
be placed on top of the backstop of the former .22 caliber rifle range. The polyethylene sheeting
will be anchored with objects of significant mass to preclude the sheeting from being significantly
disturbed by wind.
Prior to beginning earth moving activities, a temporary chain link and/or wooden fence shall be
established around the Disposal Site. The Disposal Site will be secured at the end of each day, and
access to the Disposal Site will be restricted to authorized persons during RAM activities. Personnel
working within the Disposal Site will perform excavation-related tasks in accordance with the
Contractor’s Health and Safety Plan (HASP).
4.3 Erosion/Sedimentation Controls
Erosion and sedimentation controls (i.e., silt fences, hay bales, compost filter socks/berms, or a
combination of each) shall be placed in the topographic low areas of the Disposal Site to minimize
erosion and transport of sediment to on-site and adjacent resource areas during remediation
activities. Erosion/sedimentation controls shall be inspected regularly, and maintained as
necessary.
4.4 Dust Control
Dust mitigation shall be paramount during earthwork associated with this RAM. Perimeter and
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work zone air monitoring will be conducted. Dust monitoring should be conducted in the work
zone and perimeter of the work area during remediation activities that involve earth moving.
Trucks transporting soil from the Disposal Site shall be covered with a tarp.
4.5 Safety Precautions
The excavation area will be secured with fencing, and the stockpile(s) associated with this RAM will
be covered with polyethylene sheeting at the end of each work day. Personnel within the work
area will perform work under their company’s site-specific HASP. At a minimum, the planned level
of worker protection during the performance of this RAM is Level D, as defined by “Standard
Operating Safety Guides” published by the US EPA. The Brewster Board of Health will be notified
as soon as practical in the event of an unscheduled upgrade in worker protection.
4.6 Excavated Material Management
The following is a summary of soil excavation and soil management associated with the
Redevelopment Project:
General MCP Objectives:
The objective of the RAM is to achieve metals concentrations in soil that are consistent with a Level
of No Significant Risk to Human Health and the Environment, which will substantiate the
submission of a Permanent Solution Statement to the MassDEP. It is proposed to extend the
excavation to a depth necessary to sufficiently demonstrate
TCLP Treatment/Management:
Select soil samples representative of soil that will be excavated and transported off-site during
RAM activities exhibited the presence of TCLP Lead at concentrations of that exceeded the federal
characteristic waste level of 5.0 mg/L [SB-104 (0-1'), SB-104 (1'-2'), SB-106 (0-1'), and SB-113 (0-1')].
Soil from select lifts will be either treated in-place for leachable Lead and disposed at an off-site
landfill as non-hazardous waste, or disposed at an off-site landfill as hazardous waste. Verification
testing will be conducted to demonstrate the effectiveness of blending and treatment activities,
as applicable. An evaluation of the results of supplemental assessment, and recommendations for
either the on-site treatment or off-site disposal of soils that exceed 5.0 mg/L TCLP Lead, will be
included in future RAM submittals.
4.7 Environmental Monitoring
RHE will provide environmental oversight during RAM earthwork activities. Based on an
assessment of constituents of concern (COCs), the following environmental monitoring program
will be implemented during RAM activities:
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Excavation Monitoring:
Excavation and soil management monitoring will be conducted by RHE personnel during select
excavation activities using an XRF and excavation endpoint samples may be submitted for
laboratory analysis of COCs identified during previous environmental investigation activities.
Stabilization Treatment Performance Monitoring:
Composite samples of the TCLP Lead treated soil will be collected and submitted for laboratory
analysis of TCLP Lead to confirm that TCLP Lead concentrations have been reduced to levels below
5.0 mg/L. If TCLP Lead exceeding 5.0 mg/L is detected in the blended soil, the soil will be re-treated
and post-treatment samples will be collected from the treated material again to demonstrate that
TCLP Lead is below the treatment criteria prior to off-site disposal.
Dust Monitoring:
The perimeter and work zone Dust Control Action Limit (DCAL) during the Redevelopment Project
shall be a maximum 15-minute time weighted average concentration of respirable dust (PM 10
concentration) of 50-μg/m3 and/or the applicable standard set forth in the Contractor’s HASP.
4.8 Unforseen Conditions
If potentially hazardous conditions become evident during RAM excavation activities, work in the
area will be suspended, and the area will be secured to protect against a health risk or release to
the environment. These conditions include, but are not limited to, strong chemical odors, flooding,
personal injury, exposure to chemicals, and/or unexpected hazardous materials, un-containerized
wastes, buried containers, and drums.
4.9 Implementation Schedule
Interim site security and dust control activities are scheduled to take place in Spring/Summer 2022.
Full-scale remediation activities will likely take place in the Spring/Summer of 2023 (pending on
funding). A RAM Status Report will be due to the MassDEP within 120-days of the submission of
this RAM Plan, and every six-months thereafter until the RAM is completed. A RAM Completion
Report will be due to the MassDEP within 60-days of completion of the objectives of this RAM.
4.10 Additional Permits
The Contractor shall obtain a Dig Safe permit prior to excavation activities. No other local, state,
or federal permits or approvals have been identified to conduct RAM-related activities at the time
of this document’s preparation.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Plan (RAM Plan) - RTN 4-29231
Portion of 3057 Main Street, Brewster, MA
June 8, 2022
Page 12
4.11 Certification for Greater than 1,500 Cubic Yards of Soil
The anticipated excavation volume associated with this RAM will be less than 1,500 CY; therefore,
the Financial Ability Certification required by 310 CMR 40.0442(5) is not required.
4.12 Payment of RAM Fee
All RAM Plans submitted to the MassDEP prior to Tier Classification shall be accompanied by the
appropriate fee established by 310 CMR 4.0: Timely Action Schedule and Fee Provisions. The $980
fee for this submittal has been mailed to the MassDEP’s Lock Box in Boston, MA.
4.13 Public Involvement
In accordance with the requirements of 310 CMR 40.1403, written public notice of the submittal
of the RAM Plan has been provided to the local Town Administrator and Health Department.
Copies of public notification letters are provided in Appendix E.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Plan (RAM Plan) - RTN 4-29231
Portion of 3057 Main Street, Brewster, MA
June 8, 2022
Page 13
5.0 LIMITATIONS
This RAM Plan was prepared by RHE, on behalf of the Town of Brewster, for submission to
MassDEP in conjunction with an environmental assessment of the Subject Property relative to
M.G.L. c.21E and the MCP. The conclusions provided by RHE are based solely on information
referenced to in this report. This RAM Plan was prepared for the exclusive use of the Town of
Brewster and the MassDEP in connection with the Subject Property and the Disposal Site. There
are no intended beneficiaries other than the Town of Brewster and the MassDEP.
Conclusions regarding the Subject Property are based on observations of existing conditions,
interpretation of site history and usage information, and the results of the subsurface exploration
and laboratory testing activities described in this report. RHE did not independently verify the
results of assessment, including field screening and laboratory analysis, conducted by others.
RHE shall owe no duty whatsoever to any other person or entity on account of the Agreement with
its client for the work or the RAM Plan. Use of this RAM Plan by any person or entity other than
the Town of Brewster and the MassDEP for any purpose whatsoever without the written
authorization of the Town of Brewster and RHE shall be at such other person’s or entity’s sole risk
and shall be without legal exposure or liability to the Town of Brewster and RHE.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
FIGURES
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
FIGURE 1 - SITE LOCATION PLAN
2183 OCEAN STREET
MARSHFIELD, MA 02050
TEL: 781-536-4639www.RiverHawkLLC.com
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
NTS
APPROX. SCALE:DATE:MJWDRAWN BY:
WPKCHECKED BY:
JUNE 8, 2022
SITE LOCATION
PROJECT
CLIENT
BREWSTER, MA3057 MAIN STREET
TOWN OF BREWSTERBREWSTER, MA
FIGURE 2 - SITE PLAN
NOTE: ALL DETAILS ARE APPROXIMATE AND ARE NOT THE RESULT OF A FIELD SURVEY.
2183 OCEAN ST.
MARSHFIELD, MA 02050
TEL: 508-523-1007www.RiverHawkLLC.com
PROJECT
CLIENT
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
AS SHOWN
APPROX. SCALE:DATE:HRRDRAWN BY:
WPKCHECKED BY:
BREWSTER, MA3057 MAIN STREET
JUNE 8, 2022
TOWN OF BREWSTERBREWSTER, MA
SCALE APPROX. 1" = 200'
4002001000
LEGEND
PROPERTY LIMITS (APPROX)
MAIN ST
R
E
E
T
REFER TO FIGURE 4
FORMER 22-CALIBER
RIFLE RANGE
FIGURE 3 - MASS GIS ENVIRONMENTAL PLAN
2183 OCEAN ST.
MARSHFIELD, MA 02050
TEL: 508-523-1007www.RiverHawkLLC.com
PROJECT
CLIENT
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
NTS
APPROX. SCALE:DATE:MJWDRAWN BY:
WPKCHECKED BY:
BREWSTER, MA3057 MAIN STREET
JUNE 8, 2022
TOWN OF BREWSTERBREWSTER, MA
LEGEND
FIGURE 4
NOTE: ALL DETAILS ARE APPROXIMATE AND ARE NOT THE RESULT OF A FIELD SURVEY.
2183 OCEAN ST.
MARSHFIELD, MA 02050
TEL: 508-523-1007www.RiverHawkLLC.com
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
AS SHOWN
APPROX. SCALE:DATE:HRRDRAWN BY:
WPKCHECKED BY:
JUNE 8, 2022
PROPOSED RAM AREA
PROJECT
CLIENT
BREWSTER, MA3057 MAIN STREET
TOWN OF BREWSTERBREWSTER, MA
SCALE APPROX. 1" = 30'
6030150
SOIL SAMPLE LOCATION
MONITORING WELL LOCATION
SB-103/MW-103SB-104 SB-108
SB-109SB-105
SB-106 SB-110
SB-107
SB-111
SB-112
SB-113
SB-114
22-
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FENCE EXSISTING
TEMPORARY POLYETHYLENE COVER
ESTIMATED DISPOSAL SITE LIMITSFENCE PROPOSED
MW-4
Connecticut Office
27 Kreiger Lane, Unit 10
Glastonbury, CT 06033
860.266.2616
Corporate Headquarters
362 Putnam Hill Road
Sutton, MA 01590
508.757.7782
New Hampshire Office
119 Old Turnpike Rd.
Nottingham, NH 03290
603.421.6391
Web: www.strategic-es.com | Fax: 508.363.2346 | Email: info@strategic-es.com
December 14, 2021
Bill Kenney
River Hawk Environmental, LLC
2183 Ocean Street
Marshfield, MA
Re: Budgetary Cost Estimated Camp Cod Sea Camps Shooting Range Clean-up
Brewster, MA
Mr. Kenney,
PROJECT OBJECTIVE
We understand that Client is requesting SES to perform remediation services associated with impacted
soil and has asked SES to provide budgetary cost estimate necessary to perform this service at the above
referenced site. The following outlines SES’s proposed scope, assumptions and project costs.
SCOPE OF WORK
Preconstruction Activities
• SES will coordinate with the Client and the property owner prior to mobilization.
• Contact Dig-Safe at least 72 hours prior to performing excavation activities to obtain an approval
number.
• Prepare site specific health and safety plan prior to start of project
Excavation and Management of Impacted Soil – Option – 1 Hazardous Soil Disposal
• Upon delineation of the area of excavation by the Client, SES will excavate contaminated soil from
the area proposed for excavation.
• Soil will be excavated and processed through a screener to removal bullets & casing prior to off
site disposal.
o Assumption: A total quantity of contaminated soil of 430 cubic yards, which at 1.5 tons
per cubic yard conversion is approximately 650 tons. If the excavation exceeds the volume,
additional costs will apply.
• The contaminated soil will be loaded into SES trucks for off-site disposal.
• Any soil that may remain on site overnight will be stockpiled and covered at the end of the day
with 6-mil polyethylene sheeting.
• SES will aid the Client in the sampling of the excavation with the use of the excavator equipment.
o Assumption: Excavation/utility support and/or bracing will not be needed and personnel
will not be required to enter excavation.
Excavation and Management of Impacted Soil – Option – 2 Treat Soil and Dispose as Non-Hazardous
• Upon delineation of the area of excavation by the Client, SES will perform treatment of lead soils
utilizing a stabilization agent EnviroBlend.
Page | 2
• Soil will be excavated and processed through a screener to removal bullets & casing prior to
treatment & off-site disposal.
• Product will be applied and mixed in accordance with manufacturer’s instructions using on-site
equipment.
• This shall occur by mixing the ~650 tons of soil in-situ requiring treatment.
• The area will be divided into (6) cells. Product will be introduced and mixed with the bucket of
the excavator in place.
• As the soil is mixed, the product is introduced in a uniform fashion.
• Samples will be collected immediately upon completion of mixing operations. The soil will be
covered with poly sheeting while awaiting date results.
• Post treatment soil sampling will be performed to confirm the effectiveness of the treatment
process and that concentrations of RCRA TCLP leachable lead are below threshold levels prior to
off-site disposal. Samples will be analyzed for TCLP lead and any additional parameters required
by the disposal facility.
• SES will prepare waste profiles and coordinate trucking for off site disposal to an non-hazardous
disposal facility.
ASSUMPTIONS AND/OR EXCLUSIONS
• SES will have full access to the work locations and space to stage equipment and/or materials.
Work area must be clean and free of debris prior to the commencement of excavation activities.
• All analytical testing, discharge permitting, regulatory notifications (if required) and associated
engineering tasks shall be performed by others at no cost to SES.
• All disposal pricing contained herein are based on facility acceptance.
• The Client will obtain LSP approval and property owner authorization and signatures for disposal
documentation.
• Impacted material must be physically and chemically suitable for the intended facility.
• The Client will be on-site at all time to direct the excavation activities.
• This proposal does not include any costs associated with excavation dewatering, management of
contaminated groundwater, or contaminated soil other than those directly specified herein.
• This proposal does not include any costs associated with restoration and/or landscaping beyond
backfill material for the excavation area.
• All engineering, testing, and reporting associated with contamination remediation and
geotechnical quality control issues shall be conducted by others at no cost to SES.
• SES will not be responsible for damage, associated losses, and repair costs to unmarked or
inaccurately marked structures/utilities.
• This proposal does not include the demolition or removal of existing tank anchor pads or
deadmen, if encountered.
• SES has not included the cost for excavation and/or utility support/bracing in this proposal. If
required, additional costs will apply.
• The proposed project approach is based upon information provided by the client.
Page | 3
ESTMATED COST AND BASIS FOR BILLINGS
The cost to perform the proposed scope of work is presented in the table below. Work will be billed in
accordance with the unit rates provided below. The basis for billing will be an itemized invoice reflecting
services performed.
Option-1 Disposal of Soil as Hazardous
Option-2 Treat Soil & Dispose of Soil as Non-Hazardous
PROJECT SHEDULE
SES can begin work within five days of receipt of a signed proposal.
Thank you for allowing SES to provide our services.
Sincerely,
Strategic Environmental Services Inc.
Bob Maddock
Ite
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1 Mobilization & Site Prep 1 LS $6,850.00 $6,850.00
2 Crew & Equipment to Screen out Bullets & Casing 1 LS $14,995.00 $14,995.00
3
Crew & Equipment to Excavate & Load, T&D of Haz Lead Soil (sub-
title C disposal) Includes Mass Haz Tax 735 Tons $550.00 $404,250.00
4
Crew & Equipment to Excavate & Load, T&D Non-Haz Soil
(Assumes disposal at Mass Landfill)650 Ton $70.00 $45,500.00
5 Demobilization 1 LS $3,500.00 $3,500.00
Total $475,095.00
Budgetary Estimate Brewster, MA
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1 Mobilization & Site Prep 1 LS $6,850.00 $6,850.00
2 Crew & Equipment to Screen out Bullets & Casing 1 LS $14,995.00 $14,995.00
3 Crew & Equipment to Treat TCLP Lead Soil 735 Tons $40.00 $29,400.00
4
Crew & Equipment to Excavate & Load, T&D of Treated Soil (sub-
title D disposal)735 Tons $175.00 $128,625.00
5
Crew & Equipment to Excavate & Load, T&D Non-Haz Soil
(Assumes disposal at Mass Landfill)650 Ton $70.00 $45,500.00
6 Demobilization 1 LS $3,500.00 $3,500.00
Total $228,870.00
Budgetary Estimate Brewster, MA
Page | 4
Vice President
AUTHORIZATION
If the proposal is understood and accepted, please initial each page, sign, and return to SES. By accepting
and signing the above-referenced Proposal, the Client hereby accepts and and all terms and conditions
set forth herein or attached hereto and herby authorizes SES to commence services described in this
proposal as defined herein and grants access, at reasonable times, to the described property. This
proposal is valid for a period of thirty (30) days. Facsimile and electronic signatures shall and will be
considered original signatures.
Name (print) _________________________ Signature _________________________
Title ________________________________ Date _____________________________
Attachments: SES Standard Terms & Conditions
Initials: SES _____ Client _____
Connecticut Office
27 Kreiger Lane, Unit 10
Glastonbury, CT 06033
860.266.2616
Corporate Headquarters
362 Putnam Hill Road
Sutton, MA 01590
508.757.7782
New Hampshire Office
119 Old Turnpike Rd.
Nottingham, NH 03290
603.421.6391
Web: www.strategic-es.com | Fax: 508.363.2346 | Email: info@strategic-es.com
Standard Terms and Conditions Service Agreement
_____________________________________ _ with its principle place of business at ________________
__ ____ ___ _ (hereinafter “Customer”) hereby agrees to this contract with Strategic Environmental
Services, Inc. with its principal place of business at 362 Putnam Hill Road in Sutton, MA 01590, a Massachusetts
Corporation, (hereinafter "SES") for Environmental Services ("Agreement") dated as of
_____________________. (CUSTOMER) and SES are hereafter collectively referred to as
the "Parties.”
Section 1. Scope of Services. SES will conduct certain environmental Services (the “Services”), including any active
Services, for Customer in accordance with written Proposals, Quotations, and Additional Work Authorizations
signed by Customer. All Proposals, Quotations, and Additional Work Authorizations signed by Customer shall be
addenda to this Agreement and shall be subject to all of the Terms and Conditions hereof.
Section 2. Compensation. SES shall submit, at a minimum, monthly invoices to Customer for the work performed.
Each invoice shall contain a detailed description of work performed during the period covered by the invoice. Each
invoice shall be due and payable in full without retention within thirty (30) days of invoice date unless Customer
notifies SES of its objections within ten (10) days of receipt of the invoice, gives reasons for objecting, and pays that
portion of the invoice that is not in dispute within thirty (30) days of invoice date. All charges are portal to portal.
Terms are NET thirty (30) days from the date of the invoice. A 1.5% finance charge per month will be applied to
past-due invoices compounded monthly, beginning thirty (30) days after the date due until full payment of the past
due amount is received. If Customer fails to perform its payment obligations in accordance with this Agreement;
SES shall have the right to recover any and all reasonable attorney ’s fees for the collection of past-due invoices or
for enforcement of any of the provisions of this agreement. SES reserves the right to terminate this Agreement
upon seven (7) days written notice to Customer and seek remedies available to SES under applicable law or equity.
SES reserves the right to adjust charges such as fuel, transportation, disposal, labor, etc. based on market
conditions. Any cancellations by Customer within twenty-four (24) hours of the scheduled service will entitle SES to
charge a reasonable cancellation fee.
Section 3. Warranty. Subject to the paragraph below entitled "Standard of Care”, SES warrants that its work shall
be free from material defects for a period of ninety (90) days. In the event that any deficiencies in SES workmanship
are discovered within ninety (90) days after project completion, SES shall repeat defective work. SES reserves the
right to dispute such claim and to negotiate the cost of said repairs. SES also reserves the right to make adjustments
to the warranty on a case-by-case basis. SES will present the adjustments to the warranty, if so made, in the
Proposal or Additional Work Authorization.
Section 4. Site Access and Existing Conditions. Customer shall provide SES, its agents and subcontractors, with
access to the site(s). Customer shall provide to SES any and all records, surveys, and other documents and
information as necessary for SES to perform the Services hereunder, and SES shall be entitled to rely on any such
information without independent verification of the accuracy thereof, unless otherwise instructed or informed by
Customer. Customer certifies that information does accurately reflect current site conditions. Customer
acknowledges that unforeseen conditions may require SES, its agents, or subcontractors to perform additional
Services. Those Services may require additional compensation. SES will prepare an Additional Work Authorization to
reflect the impact to the cost for Customer approval. Customer understands and acknowledges that SES and its
subcontractors have played no part in the generation, creation, release or threatened release of a substance, waste,
compound or material, hazardous or non-hazardous which may exist at the site.
Customer Initials & Date _______________ SES Initials & Date ______________ 6 of 3
Proposal #: Pxx-0xxx
Section 5. Subcontractors. SES may subcontract the performance of all or any portion of the Services which are to
be rendered by SES hereunder to any person or entity which, in SES’s opinion, is reasonably qualified to perform the
particular portion of Services which SES will assign it. Any such subcontract shall not operate to relieve SES of its
responsibilities hereunder; provided, however, that SES shall not be liable for the negligent or willful acts or
omissions of any entity or person performing a part of the Services pursuant to a subcontract.
Section 6. Standard of Care. Customer recognizes that environmental, geologic and geotechnical conditions can
vary from those encountered at the times and locations where data are obtained by SES and that the limitation of
available data results in some level of uncertainty with respect to the interpretation of these conditions, despite
the use of standard professional care and skill. SES agrees to use that level of care and skill ordinarily exercised by
other professional environmental firms acting under similar circumstances in performing its Services hereunder.
Except for this standard of care and skill, no warranty, express or implied is made or intended by SES in providing the
Services hereunder, including the furnishing of oral or written reports of the findings made.
Section 7. Indemnification. SES shall defend, protect, indemnify and hold harmless Customer, its directors and
officers, from and against any and all claims, liabilities, demands, damages, losses, costs and expenses, including,
but not limited to, reasonable attorney’s fees and costs which are the direct and sole result of grossly negligent
acts, errors, or omissions of SES or the willful misconduct of SES; provided, however, SES’s liability shall be limited
in any event to a maximum amount of the contract value or one-hundred thousand dollars ($100,000), whichever
amount is smaller, and SES shall in no event be liable for special, consequential or punitive damages.
To the fullest extent allowable by law, Customer agrees that it shall defend, indemnify, save and hold SES, its agents,
directors, officers, employees, successors, and assigns (the “SES Parties”) harmless from any and all demands,
liabilities, losses, costs and claims, including attorneys’ fees asserted against any of the SES Parties, that may arise
or result from any Services provided or performed or agreed to be performed by SES, other than those matters
which are the direct and sole result of the grossly negligent acts or omissions or willful misconduct of the SES Parties.
Section 8. Acceptance of Risk. In compliance with the Hazard Communication Standard (“Right to Know”, 29 CFR
1910.1200), Customer shall provide SES with a list of hazardous chemicals in the workplace which employees may
be exposed to while performing this Agreement. In addition, Customer shall identify protective measures to be
followed in case exposure occurs.
Section 9. Force Majeure. Customer shall not hold SES responsible for damages or delays in performance caused
by Force Majeure or other events beyond the control of SES. For purposes of this Agreement, Force Majeure shall
include, but not necessarily be limited to adverse weather conditions, floods, epidemics , war, riot, strikes, lockouts
and other industrial disturbances; unknown site conditions, accidents, sabotage, fire, loss of permits, failure to
obtain permits, unavailability of labor, materials or Services; court orders; acts of God; act, orders, laws or regulations
of the Government of the United States or the several states, or any foreign county, or any governmental agency.
Should such acts or events occur, the parties to this Agreement shall mutually agree on the terms and conditions,
upon which the Services may be continued. Notwithstanding the foregoing, Force Majeure shall not be an excuse
for non-payment of compensation hereunder owed to SES.
Section 10. Entire Agreement. This Agreement, the Proposals, Quotations, and the Additional Work Authorizations
issued by SES and signed by Customer hereunder constitute the entire agreement of the parties and supersede any
and all prior or contemporaneous written or oral negotiations, correspondence, understandings and agreements
between the parties respecting the subject matter hereof.
Section 11. Severability. If any term or provision of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement shall in no way be affected,
impaired or invalidated, and to the extent permitted by law, shall be restricted in applicability or reformed to the
minimum extent required to be enforceable. This provision shall be interpreted and enforced to provide the original
written intent of the parties prior to the determination of such invalidity or unenforceability
Section 12. Term and Modification. This Agreement is for a period of one (1) year, and will automatically and
Customer Initials & Date _______________ SES Initials & Date ______________ 7 of 3
Proposal #: Pxx-0xxx
continuously renew for periods of one (1) year. If, in the opinion of the Customer, SES is performing any portion of
the work in an unsatisfactory manner, the Customer must notify SES in writing of the nature of the problem and a
reasonable remedy for the same. Upon notice by Customer, SES has thirty (30) days from receipt date of such notice
to provide a reasonable remedy to the problem. If SES fails to provide a reasonable remedy to the problem within
the thirty (30) day remedy period, Customer can cancel the contract by sending a termination notice to SES within
ten (10) days following the completed remedy period; provided, however, that in the event SES commence s such
remedy within such thirty (30) working day period and diligently prosecutes such remedy to completion, such thirty
(30) day period shall be extended for such time as is reasonably necessary to accomplish such remedy.
No supplement, Customer purchase order, modification or amendment to this Agreement, other than Proposals,
Quotations, and Additional Work Authorizations issued by SES and signed by Customer, shall be binding unless
executed in writing by both Parties.
Section 13. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and
their respective heirs, representatives, successors and assigns, as the case may be. Neither Customer nor SES shall
be entitled to assign any of its rights or obligations hereunder without the prior written consent of the non -
assigning party.
Section 14. Waste Conformance. Customer hereby certifies that the waste shall be in conformance with analytical
data or other specifications provided to SES prior to job execution. To the extent that the waste does not conform,
Customer shall indemnify and hold SES harmless from all liability and damages arising therefrom. Furthermore, SES
shall be released from all of its obligations under this Agreement. SES reserves the right to charge for waste that is
out of conformance. Containers shall be DOT acceptable and SES reserves the right to charge for the transfer and/or
repackaging of wastes into suitable DOT containers. All SES transactions shall be conducted within existing EPA,
DOT, DEP and ICC mandates and regulations.
Section 15. Non-circumvention/Non-solicitation. During the duration of the Services provided by SES to Customer
and for a period of one (1) year thereafter, Customer agrees not to hire, solic it, nor attempt to solicit the services
of any employee or subcontractor of SES without the prior written consent of SES. Violation of this provision shall,
in addition to other relief, entitle SES to assert damages against Customer, to which Customer here by agrees, equal
to one-hundred- fifty (150) percent of the solicited person’s annual compensation.
Section 16. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with,
the laws of the Commonwealth of Massachusetts.
The Authorized Representative of the Customer signing below hereby certifies that they have read and are in
agreement with all elements of this Agreement. IN WITNESS OF THE FOREGOING PROVISIONS, the Parties hereto
have duly executed this Agreement below.
Customer Strategic Environmental Services, Inc.
Company Name:
By:
Authorized Representative
Name:
By:
Name:
Title: Title:
Date: Date:
RELEASE ABATEMENT MEASURE STATUS REPORT
Portion of 3057 Main Street
Brewster, MA 02631
MassDEP RTN: 4-29231
Prepared For:
Town of Brewster
2198 Main Street
Brewster, MA 02631
Prepared by:
River Hawk Environmental, LLC
2183 Ocean Street
Marshfield, MA 02050
October 18, 2022
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Status Report
Portion of 3057 Main Street, Brewster, MA
October 18, 2022
Page 1
Table of Contents:
1.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 RAM Status Report Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 BWSC Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2.0 GENERAL DISPOSAL SITE INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.1 Location and Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2.2 Description & Current Use of the Subject Property & Disposal Site Area . . . . . . . 2
2.3 Subject Property History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.4 Potential Receptors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.5 RAM Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.0 RAM STATUS REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.1 Remediation Waste Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.2 Soil Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.3 Dust Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.4 Site Access Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
3.5 Significant New Site Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.0 LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
List of Figures:
Figure 1 - Site Location Plan
Figure 2 - Site Plan
Figure 3 - MassGIS Environmental Plan
Figure 4 - Proposed Estimated RAM Excavation Area
List of Appendices:
Appendix A - BWSC Forms
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Status Report
Portion of 3057 Main Street, Brewster, MA
October 18, 2022
Page 1
1.0 INTRODUCTION
On behalf of the Town of Brewster (the Property Owner), River Hawk Environmental, LLC (RHE) has
prepared this Release Abatement Measure Status Report (RAM Status Report) to provide the
Massachusetts Department of Environmental Protection (MassDEP) with an update regarding the
RAM Plan being implemented/slated to be implemented at a portion of 3057 Main Street in
Brewster, MA (the Subject Property) during the period between June 28, 2022 and September 30,
2022 (the Reporting Period). The MassDEP has issued Release Tracking Number (RTN) 4-29231 (the
Disposal Site) to track environmental response actions associated with the Subject Property. A RAM
Plan was submitted to the MassDEP on June 28, 2022.
1.1 RAM Status Report Requirements
This RAM Status Report has been prepared in accordance with the requirements of 310 CMR
40.0445, and includes the following information:
• The status of response operations;
• Significant new site information or data;
• Details and/or plans for the management of remediation waste, remedial wastewater,
and/or remedial additives;
• Other information that the (MassDEP) determines necessary to complete said Status Report
in view of site-specific circumstances and conditions during its review and evaluation of a
Status Report; and
• A Licensed Site Professional (LSP) Opinion as to whether the RAM is being conducted in
conformance with the RAM Plan and any conditions of approval established by the
(MassDEP).
1.2 BWSC Forms
An un-signed copy of the MassDEP Bureau of Waste Site Cleanup (BWSC) RAM Submittal Form
(BWSC Form 106) is included in Appendix A.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Status Report
Portion of 3057 Main Street, Brewster, MA
October 18, 2022
Page 2
2.0 GENERAL DISPOSAL SITE INFORMATION
The following subsections provide information regarding the location, setting, and known
environmental condition of the Disposal Site Area.
2.1 Location and Description
Location Aid/Site Name:Former Cape Cod Sea Camps Property
Release Tracking Number:4-29231
Address:3057 Main Street
Brewster, MA 02631
Assessor’s Information:Map 101, Parcel 45
MassDEP GIS Coordinates:41.774080N, -70.043120W
Property Owner:Town of Brewster
(Entity Conducting Response Actions)2198 Main Street
Brewster, MA 02631
Licensed Site Professional:River Hawk Environmental, LLC
2183 Ocean Street
Marshfield, MA 02050
LSP of Record: William Kenney, LSP #37981
Phone: (781) 536-4639 | Email: bkenney@riverhawkllc.com
2.2 Description & Current Use of the Subject Property & Disposal Site Area
The Subject Property is a 54.92-acre parcel (Map 101, Parcel 45) located north of Main Street in
an area of Brewster, MA used for residential, commercial, and recreational purposes. The Subject
Property is improved with numerous buildings associated with a former summer camp (Cape Cod
Sea Camps). The ground surface between the buildings is predominantly covered with either
bituminous concrete (i.e., pavement), concrete, and/or maintained landscaping. Paved and/or dirt
roads and parking areas are located throughout the Subject Property and between the buildings
on the Subject Property. A former .22 caliber rifle range, which is surrounded on all sides by a
1 By virtue of electronically signing the BWSC Form 106, the LSP certifies that the RAM is being conducted
in conformance with the performance criteria of 310 CMR 40.0444(1)(g).
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Status Report
Portion of 3057 Main Street, Brewster, MA
October 18, 2022
Page 3
fence, is present on the northeastern portion of the Subject Property. Additional improvements
(i.e., tennis courts, basketball courts, and a swimming pool) are also located on the central and/or
northern portions of the Subject Property.
RHE conducted due diligence investigation at the Subject Property in 2021, which identified the
former presence of the .22 caliber rifle range on the northeastern portion of the Subject Property
as a potential Recognized Environmental Condition (REC). Subsurface investigations were
conducted in the .22 caliber rifle range between October 2021 and November 2021 to evaluate
whether previous shooting activities had resulted in impacts to soil and groundwater. Select metals
(Antimony, Copper, Lead, and Zinc) were detected at concentrations greater than the MCP RCS-1
Reportable Concentrations in shallow soil samples collected from the shooting position and/or
backstop of the former rifle range. The backstop of the former rifle range has been covered with
anchored polyethylene sheeting, and a more robust chain link construction fence has been placed
at the perimeter of the former rifle range. The area of metals impact associated with the former
.22 caliber rifle range is referred to as the Disposal Site, and is displayed on Figure 4.
2.3 Subject Property History
The Subject Property has operated as a children’s summer camp for approximately 100-years.
According to former Cape Cod Sea Camps personnel, the Subject Property was used as a hunting
estate prior to the development of the Subject Property for use as a children’s summer camp. The
Subject Property was acquired by the Town of Brewster on November 29, 2021 (Barnstable County
Registry of Deeds Book 34698, Page 80).
2.4 Potential Receptors
The following is a summary of potential human and environmental receptors associated with the
Disposal Site:
Human Receptors:
The Disposal Site is located within a former summer camp area. Properties in the immediate
vicinity are used for residential and commercial purposes. A safety fence was present at the
perimeter of the rifle range prior to investigation and remediation activities. A chain link fence has
been placed at the perimeter of the former rifle range, and the backstop of the rifle range has been
covered with polyethylene sheeting until formal remediation can be conducted. The chain link
fence will remain in place, and dust control measures/monitoring will be implemented, during
proposed assessment/remediation/redevelopment activities.
Potential human receptors associated with this RAM include construction/utility workers and
nearby commercial workers, recreational users, and residents. Remediation will be conducted in
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Status Report
Portion of 3057 Main Street, Brewster, MA
October 18, 2022
Page 4
accordance with the Contractor’s Health and Safety Plan (HASP). Minimizing dust generation during
earthwork associated with this RAM will be paramount to minimize impact to construction workers
and off-site receptors.
Groundwater Supply & Groundwater Use:
The Subject Property is located within a MassDEP-delineated Medium Yield Aquifer and a US EPA-
designated Sole Source Aquifer. No private drinking water wells were identified in the immediate
vicinity of the Disposal Site.
Wetlands Resources & Surface Water Bodies:
The Disposal Site is not located within 100-feet of wetland resources or surface water bodies.
Perimeter erosion/sedimentation controls (i.e., silt fence, hay bales, compost fiber rolls, and/or
straw wattles) will be placed at topographically low-lying portions of the remediation area during
earthwork associated with this RAM.
Open Spaces & Areas of Critical Environmental Concern:
Based on a review of the MassGIS Environmental Map of Priority Resources (Figure 3), the Disposal
Site is not located within an Open Space, Area of Critical Environmental Concern (ACEC), or
Threatened or Endangered Species Habitat.
2.5 RAM Plan
A RAM Plan, which documented interim stabilization actions associated with the Disposal Site (i.e.,
placement of a temporary chain link fence and polyethylene cover), was submitted to the MassDEP
on June 28, 2022. Additional environmental response actions to address impacts at the former .22
caliber rifle range will be specified in a subsequent RAM Status/RAM Plan Modification Report.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Status Report
Portion of 3057 Main Street, Brewster, MA
October 18, 2022
Page 5
3.0 RAM STATUS REPORT
The following subsections provide details regarding environmental assessment activities and
response actions conducted during this Reporting Period:
3.1 Remediation Waste Management
No remediation waste was generated or managed during this Reporting Period.
3.2 Soil Assessment
No environmental assessment activities were conducted during this Reporting Period.
3.3 Dust Control
A temporary dust cap (i.e., anchored polyethylene sheeting) was placed over the backstop of the
former rifle range on June 30, 2022. The dust cap has been inspected on a regular basis, and
maintained as necessary during this Reporting Period.
3.4 Site Access Control
A chain link construction fence was placed around the former shooting range on June 30, 2022. The
chain link fence is more robust than the fence formerly present around the shooting range, and
acts to preclude access by unauthorized personnel.
3.5 Significant New Site Information
With the exception of information referenced in the preceding subsections, no significant new site
information was obtained during this Reporting Period.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Release Abatement Measure Status Report
Portion of 3057 Main Street, Brewster, MA
October 18, 2022
Page 6
4.0 LIMITATIONS
This report was prepared by RHE, on behalf of the Town of Brewster, for submission to MassDEP
in conjunction with an environmental assessment of the Subject Property relative to M.G.L. c.21E
and the MCP. The conclusions provided by RHE are based solely on information referenced to in
this report. This report was prepared for the exclusive use of the Town of Brewster and the
MassDEP in connection with the Subject Property and the Disposal Site. There are no intended
beneficiaries other than the Town of Brewster and the MassDEP.
Conclusions regarding the Subject Property are based on observations of existing conditions,
interpretation of site history and usage information, and the results of the subsurface exploration
and laboratory testing activities described in this report. RHE did not independently verify the
results of assessment, including field screening and laboratory analysis, conducted by others.
RHE shall owe no duty whatsoever to any other person or entity on account of the Agreement with
its client for the work or this report. Use of this report by any person or entity other than the Town
of Brewster and the MassDEP for any purpose whatsoever without the written authorization of the
Town of Brewster and RHE shall be at such other person’s or entity’s sole risk and shall be without
legal exposure or liability to the Town of Brewster and RHE.
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
FIGURES
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
FIGURE 1 - SITE LOCATION PLAN
2183 OCEAN STREET
MARSHFIELD, MA 02050
TEL: 781-536-4639www.RiverHawkLLC.com
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
NTS
APPROX. SCALE:DATE:MJWDRAWN BY:
WPKCHECKED BY:
JUNE 8, 2022
SITE LOCATION
PROJECT
CLIENT
BREWSTER, MA3057 MAIN STREET
TOWN OF BREWSTERBREWSTER, MA
FIGURE 2 - SITE PLAN
NOTE: ALL DETAILS ARE APPROXIMATE AND ARE NOT THE RESULT OF A FIELD SURVEY.
2183 OCEAN ST.
MARSHFIELD, MA 02050
TEL: 508-523-1007www.RiverHawkLLC.com
PROJECT
CLIENT
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
AS SHOWN
APPROX. SCALE:DATE:HRRDRAWN BY:
WPKCHECKED BY:
BREWSTER, MA3057 MAIN STREET
JUNE 8, 2022
TOWN OF BREWSTERBREWSTER, MA
SCALE APPROX. 1" = 200'
4002001000
LEGEND
PROPERTY LIMITS (APPROX)
MAIN ST
R
E
E
T
REFER TO FIGURE 4
FORMER 22-CALIBER
RIFLE RANGE
FIGURE 3 - MASS GIS ENVIRONMENTAL PLAN
2183 OCEAN ST.
MARSHFIELD, MA 02050
TEL: 508-523-1007www.RiverHawkLLC.com
PROJECT
CLIENT
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
NTS
APPROX. SCALE:DATE:MJWDRAWN BY:
WPKCHECKED BY:
BREWSTER, MA3057 MAIN STREET
JUNE 8, 2022
TOWN OF BREWSTERBREWSTER, MA
LEGEND
FIGURE 4
NOTE: ALL DETAILS ARE APPROXIMATE AND ARE NOT THE RESULT OF A FIELD SURVEY.
2183 OCEAN ST.
MARSHFIELD, MA 02050
TEL: 508-523-1007www.RiverHawkLLC.com
DRAWING TITLE
CIVIL & ENVIRONMENTAL ENGINEERING
AS SHOWN
APPROX. SCALE:DATE:HRRDRAWN BY:
WPKCHECKED BY:
JUNE 8, 2022
PROPOSED ESTIMATED RAM EXCAVATION AREA
PROJECT
CLIENT
BREWSTER, MA3057 MAIN STREET
TOWN OF BREWSTERBREWSTER, MA
SCALE APPROX. 1" = 30'
6030150
SOIL SAMPLE LOCATION
MONITORING WELL LOCATION
SB-103/MW-103SB-104 SB-108
SB-109SB-105
SB-106 SB-110
SB-107
SB-111
SB-112
SB-113
SB-114
22-
C
A
L
I
B
E
R
R
A
N
G
E
FENCE EXSISTING
TEMPORARY POLYTHYLENE COVER
ESTIMATED DISPOSAL SITE LIMITSFENCE PROPOSED
MW-4
Appendix A
BWSC Forms
Civil Engineering & Environmental Consulting
River Hawk Environmental, LLC | 2183 Ocean Street, Marshfield, MA 02050
RiverhawkLLC.com | (781) 536-4639
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup
RELEASE ABATEMENT MEASURE (RAM)
TRANSMITTAL FORM
Pursuant to 310 CMR 40.0444 - 0446 (Subpart D)
A. SITE LOCATION:
1. Site Name/Location Aid:
2. Street Address:
3. City/Town:
FORMER CAPE COD SEA CAMPS PROPERTY
BWSC 106 12
Release Tracking Number
4 129231
3057 MAIN STREET
BREWSTER
4. Zip Code: 026310000
E 5. Check here if the disposal site that is the source of the release is Tier Classified. Check the current Tier Classification
r a. Tier I
b. Tier ID c. Tier 11
Category.
B. THIS FORM IS BEING USED TO: (check all that apply)
1. List Submittal Date of Initial RAM Plan (if previously submitted):
6/28/2022
im/dd/yyyy)
r 2. Submit an Initial Release Abatement Measure (RAM) Plan.
r a. Check here if the RAM is being conducted as part of the construction of a permanent structure. If checked, you must
specify what type of permanent structure is to be erected in or in the immediate vicinity of the area where the RAM is to be
conducted.
b. Specify type of permanent structure: (check all that apply)
E iv. Industrial r v. Other
Specify:
E i. School fl ii. Residential fl iii. Commercial
Ira. Submit a Modified RAM Plan of a previously submitted RAM Plan.
1.7 4. Submit a RAM Status Report.
r 5. Submit a Remedial Monitoring Report. (This report can only be submitted through eDEP, concurrent with a RAM Status Report.)
a. Type of Report: (check one)
b. Frequency of Submittal:
E i. A Remedial Monitoring Report(s) submitted every six months, concurrent with a RAM Status Report.
r ii. A Remedial Monitoring Report(s) submitted annually, concurrent with a RAM Status Report.
i. Initial Report
c. Number of Remedial Systems and/or Monitoring Programs:
r ii. Interim Report r iii. Final Report
A separate BWSC106A, RAM Remedial Monitoring Report, must be filled out for each Remedial System
and/or Monitoring Program addressed by this transmittal form.
Ira 6. Submit a RAM Completion Statement.
r 7. Submit a Revised RAM Completion Statement.
8. Provide Additional RTNs:
(.... a. Check here if this RAM Submittal covers additional Release Tracking Numbers (RTNs). RTNs that have been previously linked
to a Primary Tier Classified RTN do not need to be listed here. This section is intended to allow a RAM to cover more than one
unclassified RTN and not show permanent linkage to a Primary Tier Classified RTN.
b. Provide the additional Release Tracking Numbers)
covered by this RAM Submittal.
9. Include in the RAM Plan or Modified RAM Plan a Plan for the Application of Remedial Additives near a sensitive receptor, pursuant
to 310 CMR 40.0046(3).
(All sections of this transmittal form must be filled out unless otherwise noted above)
n
Revised: 8/5/2013 Page 1 of 6
assachusetts Department of Environmental. Protection
Bureau of Waste Site Cleanup
RELEASE ABATEMENT MEASURE (RAM)
TRANSMITTAL FORM
Pursuant to 310 CMR 40.0444 - 0446 (Subpart D)
C. RELEASE OR THREAT OF RELEASE CONDITIONS THAT WARRANT RAM:
1. Media Impacted and Receptors Affected: (check all that apply)
d. Public Water Supply
r j. Ground Water
r p. Soil Gas
u. Others
Specify:
e. Surface Water
k. Sediments
q. Sub -Slab Soil Gas
f Zone 2
r i. Wetland
. Paved Surface
g. Private Well
m. Stonn Drain
r r. Critical Exposure Pathway
BWSC 106 12
Release Tracking Number
4 - 29231
rb. Basement
r h. Residence
r n. Indoor Air
s. NAPL
c. School
. Soil
r o. Air
it t. Unknown
2. Sources of the Release or TOR: (check all that apply)
d. OHM Delivery
r j. UST
r m. Unknown
e. AST
Describe:
n. Other:
r f Drums
r a. Transformer
g. Tanker Truck
3. Type of Release or TOR: (check all that apply)
e. Rupture
r k. UST Removal
r 1. Unknown
r f. Vehicle Accident
Describe:
m. Other:
r' b. Fuel Tank
r h. Hose
k. Vehicle
AMMUNITION (FORMER USE AS A FIRING RANGE)
c. Pipe
r i. Line
1. Boat/Vessel
r a. Dumping
r g. Leak
r b. Fire
r h. Spill
c. AST Removal
r i. Test Failure
r d. Overfill
r j. TOR Only
HISTORIC (FORMER USE AS A FIRING RANGE)
4. Identify Oils and Hazardous Materials Released: (check all that apply)
c. Heavy
Metals
d. Others
Specify:
a. Oils rb. Chlorinated Solvents
D. DESCRIPTION OF RESPONSE ACTIONS:
in 1. Assessment and/or Monitoring Only
r 3. Deployment of Absorbent or Containment Materials
r 5. Structure Venting System/HVAC Modification System
r 7. Product or NAPL Recovery
7 9. Groundwater Treatment Systems
Ir 11. Remedial Additives
r 13. Active Exposure Pathway Mitigation System
E 15. Monitored Natural Attenuation
(check all that apply, for volumes list cumulative amounts)
1,7 2. Temporary Covers or Caps
1' 4. Temporary Water Supplies
r ' 6. Temporary Evacuation or Relocation of Residents
P' 8. Fencing and Sign Posting
10. Soil Vapor Extraction
r 12. Air Sparging
r 14. Passive Exposure Pathway Mitigation System
r 16. In -Situ Chemical Oxidation
Revised: 8/5/2013 Page 2 of 6
assachusetts Department of Environmental. Protection
Bureau of Waste Site Cleanup
RELEASE ABATEMENT MEASURE (RAM)
TRANSMITTAL FORM
Pursuant to 310 CMR 40.0444 - 0446 (Subpart D)
BWSC 106 12
Release Tracking Number
4 - 29231
D. DESCRIPTION OF RESPONSE ACTIONS (cont.): (check all that apply, for volumes list cumulative amounts)
lip17. Excavation of Contaminated Soils
a. Re -use, Recycling or Treatment
i. On Site
ii. Off Site
Estimated volume in cubic yards
Estimated volume in cubic yards
iia. Receiving Facility: TED Town: TBD
iib. Receiving Facility:
iii. Describe: DISPOSAL FACILITY TO BE DETERMINED
r b. Store
iia. Receiving Facility:
iib. Receiving Facility:
1-` c. Landfill
Receiving Facility:
Receiving Facility:
• i. On Site
• ii. Off Site
Town:
1499
Estimated volume in cubic yards
Estimated volume in cubic yards
Town:
i. Cover
ii. Disposal.
Town:
State: MA
State:
Estimated volume in cubic yards
Town:
Estimated volume in cubic yards
Town:
r 18. Removal of Drums, Tanks or Containers:
a. Describe Quantity and Amount:
b. Receiving Facility:
c. Receiving Facility:
f 19. Removal of Other Contaminated Media:
a. Specify Type and Volwne:
b. Receiving Facility:
c. Receiving Facility:
20. Other Response Actions:
Describe:
r
21. Use of Innovative Technologies:
Describe:
Town:
Town:
Town:
Town:
State:
State:
State:
State:
State:
State:
State:
State:
Revised: 8/5/2013 Page 3 of 6
assachusetts Department of Environmental. Protection
Bureau of Waste Site Cleanup
RELEASE ABATEMENT MEASURE (RAM)
TRANSMITTAL FORM
Pursuant to 310 CMR 40.0444 - 0446 (Subpart D)
E. LSP SIGNATURE AND STAMP :
BWSC 106 12
Release Tracking Number
4 - 29231
I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and
all documents accompanying this submittal. In my professional opinion and judgment based upon application of (i) the standard of care in
309 CMR 4.02(1), (ii) the applicable provisions of 309 CMR 4.02(2) and (3), and 309 CMR 4.03(2), and (iii) the provisions of 309 CMR 4.03(3),
to the best of my knowledge, information and belief,
> if Section B of this form indicates that a Release Abatement Measure Plan is being submitted, the response action(s) that is (are) the
subject of this submittal (i) has (have) been developed in accordance with the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000,
(ii) is (are) appropriate and reasonable to accomplish the purposes of such response action(s) as set forth in the applicable provisions of
M.G.L. c. 21E and 310 CMR 40.0000 and (iii) comply(ies) with the identified provisions of all orders, permits, and approvals identified in this
submittal;
> if Section B of this form indicates that a Release Abatement Measure Status Report and/or Remedial Monitoring Report is being
submitted, the response action(s) that is (are) the subject of this submittal (i) is (are) being implemented in accordance with the applicable
provisions of M.G.L. c. 21E and 310 CMR 40.0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response
action(s) as set forth in the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000 and (iii) comply (ies) with the identified provisions
of all orders, permits, and approvals identified in this submittal;
> if Section B of this form indicates that a Release Abatement Measure Completion Statement is being submitted, the response action(s)
that is (are) the subject of this submittal (i) has (have) been developed and implemented in accordance with the applicable provisions of
M.G.L. c. 21E and 310 CMR 40.0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response action(s) as set
forth in the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000 and (iii) comply(ies) with the identified provisions of all orders,
permits, and approvals identified in this submittal:
I am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if l submit information which I
know to be false, inaccurate or materially incomplete.
1. LSP #:
2. First Name:
4. Telephone:
7. Signature:
8. Date:
3798
WILLIAM P
5087898920
3. Last Name:
5. Ext.: 6. Email:
KENNEY
1/
9. LSP Stamp:
Revised: 8/5/2013 Page 4 of 6
assachusetts Department of Environmental. Protection
Bureau of Waste Site Cleanup
RELEASE ABATEMENT MEASURE (RAM)
TRANSMITTAL FORM
Pursuant to 310 CMR 40.0444 - 0446 (Subpart D)
F. PERSON UNDERTAKING RAM:
1. Check all that apply: r a. change in contact name
2. Name of Organization: TOWN OF BREWSTER
BWSC 106 12
Release Tracking Number
4 - 29231
f b. change of address c. change in the person undertaking
response actions
3. Contact First Name: PAR 4. Last Name: LOMBARDI
5. Street: 2198 MAIN STREET 6. Title: TOWN ADMINISTRATOR
7. City/Town: BREWSTER 8. State: MA 9. ZIP Code: 026310000
10. Telephone: 5088963701 11. Ext.: 12. Email: plombardi@brewster-ma.gov
G. RELATIONSHIP TO RELEASE OR THREAT OF RELEASE OF PERSON UNDERTAKING RAM:
✓ Check here to change relationship
r 1.RPorPRP
r a. Owner
r e. Other RP or PRP
9� b. Operator
Specify:
c. Generator r d. Transporter
P 2. Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21E, s. 2)
i 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21E, s. 5(j))
r 4. Any Other Person Undertaking RAM Specify Relationship:
H. REQUIRED ATTACHMENT AND SUBMITTALS:
r 1. Check here if any Remediation Waste, generated as a result of this RAM, will be stored, treated, managed, recycled or reused at
the site following submission of the RAM Completion Statement. You must submit a Phase IV Remedy Implementation. Plan along with
the appropriate transmittal form (BWSC108).
r 2. Check here if the Response Action(s) on which this opinion is based, if any, are (were) subject to any order(s), permit(s) and/or
approval(s) issued by DEP or EPA. If the box is checked, you MUST attach a statement identifying the applicable provisions thereof.
i+�' 3. Check here to certify that the Chief Municipal Officer and the Local Board of Health have been notified of the implementation of a
Release Abatement Measure.
r 4. Check here if any non-updatable information provided on this form is incorrect, e.g. Release Address/Location Aid. Send
corrections to bwsc.edep@state.ma.us.
f 5. If a RAM Compliance Fee is required for this RAM, check here to certify that a RAM Compliance Fee was submitted to DEP, P. O.
Box 4062, Boston, MA 02211.
P 6. Check here to certify that the LSP Opinion containing the material facts, data, and other information is attached.
Revised: 8/5/2013 Page 5 of 6
assachusetts Department of Environmental. Protection
Bureau of Waste Site Cleanup
RELEASE ABATEMENT MEASURE (RAM)
TRANSMITTAL FORM
Pursuant to 310 CMR 40.0444 - 0446 (Subpart D)
I. CERTIFICATION OF PERSON UNDERTAKING RAM:
BWSC 106 12
Release Tracking Number
4 - 29231
1. I, , attest under the pains and penalties of perjury (i) that 1 have personally examined and am familiar
with the information contained in this submittal, including any and all documents accompanying this transmittal form, (ii) that, based on my
inquiry of those individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to
the best of my knowledge and belief, true, accurate and complete, and (iii) that I am fully authorized to make this attestation on behalf of the
entity legally responsible for this submittal. Uthe person or entity on whose behalf this submittal is made am/is aware that there are
significant penalties, including, but not limited to, possible fines and imprisonment, for willfully submitting false, inaccurate, or incomplete
infonmation.
2. By:
(Signature.)
4. For: TOWN OF BREWSTER
3. Title:
5. Date:
TOWN ADMINISTRATOR
(Name of person or entity recorded in Section F) mrrr/dd/yyyy )
r 6. Check here if the address of the person providing certification is different from address recorded in Section F.
7. Street:
8. City/Town: 9. State: 10. ZIP Code:
11. Telephone: 12. Ext.: 13. Email:
YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO $10,000 PER
BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT
SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,
YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE
Date Stamp (DEP USE ONLY:)
Revised: 8/5/2013
Page 6 of 6
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 11.7.2022 www.brewster-ma.gov Page 1 of 3
MINUTES OF THE BAY PROPERTY PLANNING COMMITTEE MEETING
DATE: November 7, 2022
TIME: 9:00 AM
PLACE: Cape Cod Sea Camps Bay Parcel
PARTICIPANTS: Town Administrator Peter Lombardi, Chair Amanda Bebrin, Selectperson Mary Chaffee,
Selectperson Ned Chatelain, Karl Fryzel, Katie Jacobus, Caroline McCarley, Clare O’Connor-Rice,Peter
Johnson, Thomas Wingard, John Phillips; Liaisons/Representatives, Kathleen Walker,Gary Christen; Town
Staff: Recreation Director, Mike Gradone, Director of Public Works, Griffin Ryder, DPW Foreman, Jimmy
Jones, Ed Barber
Absent: Patricia Hughes
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement:
Amanda Bebrin called the meeting to order at 9:05 am and read the meeting participation and recording
statements. Ms. Bebrin announced all members of the committee who were present, a quorum was
declared.
Tour and Discuss Potential Pool Parking Areas – Griffin Ryder, DPW Director
Griffin Ryder walked the attendees through three potential areas where it would be possible to site parking.
The committee then discussed the pros and cons of each area, including road work, circulation/number of
trips, number of potential spots, ease of access, reuse of existing impervious surfaces, tree work/clearing,
ability to service multiple buildings/uses, and potential relocation of any tennis and basketballs that may be
used as the site of new parking. Mr. Lombardi mentioned that the committee may seek the input of the
consultants regarding the alternative parking plans before making a recommendation.
A copy of the plan Mr. Ryder handed out is included below:
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 11.7.2022 www.brewster-ma.gov Page 2 of 3
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 11.7.2022 www.brewster-ma.gov Page 3 of 3
Public Announcements and Comments
None
Next Meetings:
November 15 and December 6, 2022
Matters Not Reasonably Anticipated by the Chair:
None
Adjournment
Ms. Jacobus moved to adjourn at 10.05 am. Mr. Fryzel second. A roll call vote was taken. Thomas Wingard –
yes, Selectperson Chaffee – yes, Selectperson Chatelain – yes, Karl Fryzel – yes, Caroline McCarley – yes,
Katie Jacobus – yes, John Phillips – yes, Clare O’Connor-Rice – yes, Amanda Bebrin – yes, Peter Johnson – yes,
John Phillips – yes.
Respectfully submitted by Conor Kenny, Project Manager
Approved: __________________ Signed: _________________________________________
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 11.15.2022 www.brewster-ma.gov Page 1 of 5
MINUTES OF THE BAY PROPERTY PLANNING COMMITTEE MEETING
DATE: November 15, 2022
TIME: 4:00 PM
PLACE: Remote Participation
PARTICIPANTS: Town Administrator Peter Lombardi, Chair Amanda Bebrin, Selectperson Mary Chaffee,
Selectperson Ned Chatelain, Karl Fryzel, Katie Jacobus, Caroline McCarley, Clare O’Connor-Rice, Patricia
Hughes,Peter Johnson, Thomas Wingard, John Phillips; Liaisons/Representatives: Bill Meehan, Kathleen
Walker,Sharon Tennstedt, Maggie Spade-Aguilar, Gary Christen; Town Staff: Recreation Director, Mike
Gradone, Director of Public Works, Griffin Ryder; Brewster Band Member: Paul Chatelain
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement:
Amanda Bebrin called the meeting to order at 4:00pm and read the meeting participation and recording
statements. Ms. Bebrin announced all members of the committee who were present, a quorum was
declared. There were no public announcements or comments.
Public Announcements and Comments
None
Update on Consulting Services
Peter Lombardi noted that Reed Hilderbrand had provided an updated price proposal and scope of services.
The Town has budgeted $425,000 for this stage of the project, and Reed Hilderbrand’s updated price
proposal was $375,000. The recent T-Mobile grant application was unsuccessful.
Reed Hilderbrand is eager to begin and get on site. The Town is working with them on getting a contract
signed. They are looking to get LEC (their environmental consultants) on site during the week of
Thanksgiving. They want to do some of their early site work before the frost hits. Reed Hilderbrand will
tentatively be joining the meeting on December 6th to discuss their scope and approach.
Pat Hughes noted she was excited to work with this team, particularly WXY, the architecture sub, given their
climate-centric approach. Mr. Lombardi noted that Reed Hilderbrand would be providing an updated
proposal document including more information on their sub-consultants. Karl Fryzel asked for clarification on
Reed Hilderbrand’s planned meeting attendance schedule and the format of attendance. Mr. Lombardi
responded that Reed Hilderbrand would be joining every other meeting, for both the Pond Committee and
the Bay Committee – twice monthly, in total. It will be important to be economical in requesting on-site
meetings with them. Reed Hilderbrand’s entire team will be on site in December, and they will be attending
meetings in-person sporadically, but they will also be attending via Zoom for much of the time. Mr. Lombardi
stated that it needs to be decided how many of the public forums will be on Zoom or in-person – but that
they should either be fully in-person or fully remote. The first public forum will likely be in April, and the
hope is that this forum will be in-person.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 11.15.2022 www.brewster-ma.gov Page 2 of 5
John Phillips asked why the committee is currently meeting virtually. Ms. Bebrin responded that many
people were travelling around the holidays, and it was better to be flexible.
Follow-up on Fall 2023 Special Town Meeting Warrant Articles Related to Bay Property
Mr. Lombardi reported that Town Meeting approved the four capital requests, one article, and two separate
articles related to the Bay Property. These articles were discussed at the previous committee meeting.
Mr. Fryzel asked for clarity about the current set-up of the revolving fund. Mr. Lombardi responded that, on
the recommendation of Town Counsel, Article 14 was designated as a separate capital appropriation, and
Article 13 was set up as a revolving fund. In between now and the next Town Meeting, this money would be
drawn down on. Next spring, money could be transferred into the revolving fund. This is a technical issue,
and does not impact the committee’s plans for use of the revolving fund. The amount is capped at $200,000.
Mike Gradone sought clarification as to whether those funds were available immediately. Mr. Lombardi
responded that all 5 appropriations were free cash appropriations, and were therefore available
immediately.
Caroline McCarley stated that she was struck by some of the comments she overheard from fellow residents
at Town Meeting, and that the committee should consider ways of combating misinformation on social
media.
Follow-up on Site Visit and Discuss Proposed Pool Parking Area
Griffin Ryder thanked the committee for walking the site on November 7th, and then proceeded to share his
computer screen. Mr. Ryder displayed a map of the 3 areas that the group had looked at during the site visit,
and summarized the appropriateness of each of the three spaces for siting parking: the central area
consisting of 51 parking spaces, the northern area consisting of 26 parking spaces, and the area to the south
consisting of 18 parking spaces. The area to the north does not lend itself to efficient parking – there is also
the risk of traffic congestion across the main entrance of the pool, and the road leading up to it would need
to be widened to allow for two-way traffic. The area to the south would require road widening. In terms of
the central area, the conceptual plans have reduced the number of spaces from 54 to 51, in order to allow
for one way circulation. This option would provide for bus circulation and drop-offs for parents.
Clare O’Connor-Rice asked if it was possible to put handicap parking at the Art Center. Mr. Ryder pointed out
on the map certain areas where this would be possible. Selectperson Mary Chaffee thanked Mr. Ryder for
leading the recent site visit, and asked for clarification on the kind of surface that would be used for the
parking area. Mr. Ryder responded that concrete or asphalt is ideal for ADA compliant parking, but for the
central parking area, due to the current tennis courts being located there, it would mostly involve milling and
filling in cracks. The circulation road could be a gravel access drive, but this would require extra maintenance.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 11.15.2022 www.brewster-ma.gov Page 3 of 5
Mr. Gradone stated his preference for selecting the central location due to the various benefits of
circulation. Mr. Fryzel asked what traffic would occur between the lot and the pool, apart from the drop-offs.
Mr. Ryder responded that unless here was an overflow lot, the traffic would only be drop offs and circulating
traffic. Mr. Fryzel asked if trees would be lost as a result of the conceptual design of the central lot, Mr.
Ryder responded that one tree might be lost. Mr. Fryzel stated his view that the plan for the central parking
layout was the best choice.
Mr. Lombardi addressed the northern-most space, and its potential use as an overflow lot. This would only
be for larger events, and could in fact be gated the rest of the time. Mr. Lombardi cautioned against formal
decisions on plans at this meeting, and suggested it would be best to wait until the consultants have
provided their own technical perspective. Selectperson Chaffee asked for the approximate construction
timeline for the parking lot and road improvements, and what other steps would be necessary. Mr. Ryder
responded that paving couldn’t take place until the spring, but subsurface grading and gravelling could take
place slightly earlier – the parking spaces could be ready before Memorial Day. In order for this to occur, the
plan would need to be approved by end of December or the beginning of January.
Mr. Phillips noted that he would favor the expansion of the parking lot to the north and also the
implementation of internal sidewalks. Perhaps employees and buses could be parked at the northern lot. Mr.
Phillips asked if the Recreation Department would permit children from other Towns to use the pool. Mr.
Lombardi said that there has been no formal vote on whether the pool would be for residents only, and said
he thinks this is something that should be discussed at a public forum. Mr. Lombardi noted his concerns with
putting new limitations on Recreation Department programs that have historically been available to families
from other Towns. Mr. Gradone said he expects youth groups from outside of Brewster to express an
interest in using the pool for programming, and that some groups have already been in contact. Ms. Bebrin
said this topic should be discussed as an agenda item at a future meeting.
Ms. Hughes stated her opinion that a public forum on the parking lot should take place after Christmas time
when the engineering drawings are ready. Ms. Hughes added that it would be a good idea to have a separate
public meeting on the pool to solicit community feedback.
Review Upcoming Approved Interim Uses and Potential Vote on Proposed New Interim Uses
Mr. Gradone noted that the Recreation Department held a number of successful events on the property in
the fall. The first was a Boy Scout troop that came and used the grounds for two nights, and did some service
work. According to Ed Barber, this event went very smoothly. The following week, a Lower Cape Soccer
Jamboree occurred.
Moving towards the colder months, a DIY Christmas event will be occurring on December 4th in the Arts
Center – this will be incorporated with Brewster for the Holidays. In terms of other events, a polar plunge at
First Light Beach is an option, and this has been done in other Towns. New Year’s Day, Presidents Day
weekend or St. Patrick’s Day are options for holding this. Moving into the spring, a kite flying event on the
flats, potentially in April, is another possible event – if this is successful, it could become an afterschool
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 11.15.2022 www.brewster-ma.gov Page 4 of 5
program. In conversations with the Brewster Bikeways Committee, it has been suggested that Brewster
Bikefest could be moved from the Eddy School to First Light Beach in May. The Council on Aging has
suggested that a Senior Striders could occur again at First Light Beach on the paved loop inside the property.
Katie Jacobus asked if the polar plunge would be a fundraising opportunity, as these events typically are. Mr.
Gradone confirmed that this was the plan, and was open to suggestions for an appropriate cause. Mr. Fryzel
asked if the Girl Scouts would have an opportunity in the spring to camp on the site, and if any Brewster in
Bloom events would be taking place on the property. Mr. Gradone said that he contacted the Girl Scouts but
did not hear back from them. Mr. Gradone added that he had planned on having Nauset Youth Alliance use
the Bay Property, but they would prefer to remain inside at Stony Brook. If something was to take place on
the property for Brewster in Bloom, it would likely be a Recreation Department event.
Mr. Lombardi spoke briefly about the Brewster Amateur Radio Club’s request to use the property. Given
various operational considerations, using space at Crosby Mansion might be more appropriate, and he has
suggested this to them.
Paul Chatelain introduced a request from the Brewster Band to use the property. Mr. Chatelain asked for
permission to use one of the facilities, ideally with heat and electricity, beginning in January. The band has
been rehearsing at the Yarmouth Senior Center, and they are eager to return to Brewster. Selectperson
Chaffee asked how many members are in the band and how often they practice. Mr. Chatelain responded
that there are 20-30 members who typically participate, and they practice weekly on Thursday evenings in
the spring. Pat Hughes asked if the band are responsible for setting up and packing away their own
equipment. Mr. Chatelain responded that they bring all their own stands, but some accommodations for
storage would be welcome. Mr. Chatelain noted that they currently pay for the space in Yarmouth. The band
previously used the Eddy School space, and he believed this was free of charge, but they are not being
allowed to return to this location. Mr. Chatelain explained that Covid has been the main reason why the
band have not been able to return to the school. Mr. Gradone remarked that there is a new Principal at the
Eddy School, and it may be worth having a conversation with them. Mr. Lombardi commented that one of
the potential challenges with Mr. Chatelain’s request is that the Art Center is the only current viable location
on the property, and this only has minimal heating in the off-season. Mr. Lombardi suggested that Mr.
Chatelain ask the Eddy Principal about returning to the school premises – if this fails, the committee can
consider this request again.
Ms. Hughes moved to approve proceeding with planning for the following events on the property: a polar
plunge, kite flying, Bikefest, and the COA Senior Striders program. Mr. Fryzel second. A roll call vote was
taken. Selectperson Chaffee – yes, Selectperson Chatelain – yes, Pat Hughes – yes, Karl Fryzel – yes, Caroline
McCarley – yes, Katie Jacobus – yes, John Phillips – yes, Clare O’Connor-Rice – yes, Amanda Bebrin – yes,
Peter Johnson – yes, John Phillips – yes.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 11.15.2022 www.brewster-ma.gov Page 5 of 5
Vote on Meeting Minutes: October 18, 2022
Mr. Fryzel moved to approve the meeting minutes from October 18, 2022. Ms. Jacobus second. A roll call
vote was taken. Selectperson Chaffee – yes, Selectperson Chatelain – yes, Pat Hughes – yes, Karl Fryzel – yes,
Caroline McCarley – yes, Katie Jacobus – yes, John Phillips – yes, Clare O’Connor-Rice – yes, Amanda Bebrin –
yes, Peter Johnson – yes, John Phillips – yes.
Discuss Future Meeting Agenda Items
Selectperson Chaffee stated that she would like the committee to discuss the potential installation of a water
bottle filling station, in addition to regulations for the pool. Mr. Phillips noted that he would like to discuss
the planned drone video of the property, as well as the formal application process for activities on the
property. Ms. O’Connor-Rice asked if some of the Cultural Council’s suggested uses could be discussed. Mr.
Lombardi noted that at an upcoming meeting he would be providing an update on the site remediation
process at the former shooting range. Ms. Hughes suggested framing the next agenda around the presence
of representatives from Reed Hilderbrand. Ms. Jacobus suggested that the committee discuss agreed upon
talking points for communicating with Brewster residents about the current stage of the committee’s work.
Mr. Fryzel noted that he would like to discuss the pool with the Reed Hilderbrand consultants at the next
meeting.
Next Meetings:
December 6, 2022 and December 20, 2022.
Matters Not Reasonably Anticipated by the Chair:
Doug Wilcox, the Chair of the Pond Property Committee, has been in contact to ask the Bay Committee to
help with creating some interpretive signage on the Bay Property to notify people about the background of
the Pond Parcel.
Adjournment
Selectperson Chaffee moved to adjourn at 6.06pm. Ms. Jacobus second. A roll call vote was taken.
Selectperson Chaffee – yes, Selectperson Chatelain – yes, Pat Hughes – yes, Karl Fryzel – yes, Caroline
McCarley – yes, Katie Jacobus – yes, John Phillips – yes, Clare O’Connor-Rice – yes, Amanda Bebrin – yes,
Peter Johnson – yes, John Phillips – yes.
Respectfully submitted by Conor Kenny, Project Manager
Approved: __________________ Signed: _________________________________________
Accompanying Documents in Packet: Agenda, Reed Hilderbrand Price Proposal, Special Town Meeting Warrant, CCSC Pool Parking
Conceptual Layouts, Emails re: Brewster Amateur Radio Club, Emails re: CCSC Events, Email re: Brewster Band Request, 10.18.22 Minutes
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 12.6.2022 www.brewster-ma.gov Page 1 of 4
MINUTES OF THE BAY PROPERTY PLANNING COMMITTEE MEETING
DATE: December 6, 2022
TIME: 4:00 PM
PLACE: Remote Participation
PARTICIPANTS: Town Administrator Peter Lombardi, Chair Amanda Bebrin, Selectperson Mary Chaffee,
Selectperson Ned Chatelain, Karl Fryzel, Katie Jacobus, Caroline McCarley, Clare O’Connor-Rice, Patricia
Hughes,Peter Johnson, Thomas Wingard, John Phillips; Liaisons/Representatives: Bill Meehan, Kathleen
Walker,Sharon Tennstedt, Gary Christen; Town Staff: Recreation Director, Mike Gradone, DPW Director,
Griffin Ryder; Reed Hilderbrand Staff: Elizabeth Randall, Madeleine Aronson, Lauren Tam; Mass Audubon
Representative: Catie Fyfe; VHB Staff; Randy Hart
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement:
Amanda Bebrin called the meeting to order at 4:03pm and read the meeting participation and recording
statements. Ms. Bebrin announced all members of the committee who were present, a quorum was
declared. There were no public announcements or comments.
Public Announcements and Comments
None
Introduction of Reed Hilderbrand Consulting Team & Review of Scope of Work and Project Timeline and
Short Visioning Exercise
Elizabeth Randall of Reed Hilderbrand introduced herself and her colleague, Madeleine Aronson. Ms. Randall
explained that she has been learning about this project since the beginning of the RFP process, for the best
part of a year. Reed Hilderbrand have formed a multidisciplinary team who will be assisting the Town
throughout the process.
Ms. Aronson explained that she will be managing the project, she is very familiar with the area and excited to
work with the committee. Ms. Aronson outlined the schedule for this project, highlighting targeted
meetings, site visits, community forums, and deliverables. The project is currently in the “discovery and site
analysis” phase, which will last 2 and a half months. This will be followed by a “visioning phase” which will
last approximately 4 months, and finally, a “concept design and comprehensive plan” phase, lasting roughly
7 months. The project will conclude with Reed Hilderbrand’s delivery of the final comprehensive plans for
both the Pond Committee and the Bay Committee by December 2023. Ms. Aronson explained Reed
Hilderbrand’s plans for the community forums, specifically how feedback from the community will be
incorporated into the design.
Ms. Randall noted the opportunities for the Town of Brewster that have come with the acquisition of the bay
parcel. She explained that Reed Hilderbrand will aim to create a shared community resource that balances
new uses of the property with the preservation of its legacy. Selectperson Mary Chaffee commented that the
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 12.6.2022 www.brewster-ma.gov Page 2 of 4
“preservation of legacy” aspect of the process is not as important as the creation of the shared community
resource. Clare O’Connor-Rice and Karl Fryzel agreed with Selectperson Chaffee’s comments.
Ms. Randall stated that the former Sea Camps properties will integrate and reflect the Town of Brewster’s
vision and values. She added that the team will build their understanding of the place and strive to make the
natural systems legible and accessible. Reed Hilderbrand will listen and respond to the Brewster community
throughout the planning and design process. The process will balance site opportunities with carrying
capacity, now and into the future.
Selectperson Ned Chatelain expressed his hope that the comprehensive plan can phased out in such a way
that allows many of the assets to be available to use immediately, while balancing budget capacity. Ms.
O’Connor-Rice stated the importance of getting input from younger residents who may not be voters yet –
this is tricky – perhaps additional forums will be necessary to achieve this.
Ms. Randall shared her screen, and provided a link to a “miro board”, before demonstrating how committee
members can collaborate and post information and suggestions through this medium throughout the
planning and design process.
Ms. Randall asked if there were any areas on site that were particularly concerning to committee members.
Pat Hughes noted that the coast and its carrying capacity are concerning. Caroline McCarley expressed
concern with the existing structures on site – these have not been discussed by the committee yet and it is
largely unknown what shape these structures are in. Selectperson Chaffee agreed with Ms. McCarley, and
commented on how important it is to conduct an analysis of what is currently on the property, and then to
understand the limitations of the property itself. Katie Jacobus suggested that communicating next steps to
the community will be important.
Ms. Aronson asked what potential future uses the community is most excited about for the site. Mr. Fryzel
noted that creating a community center, particularly if it can be done through the modification of an existing
structure, would be an exciting opportunity. Ms. O’Connor-Rice stated that the variety of potential uses is
exciting. John Phillips commented that a community center similar to Chatham’s would be ideal. Gary
Christen expressed his view that a program whereby individuals can purchase and move some of these
structures, preventing them from being destroyed, would be a good idea. Mike Gradone stated that the
prospect of multiple uses is exciting, and firmly believes the Town needs another indoor gymnasium. Sharon
Tennstedt commented that the aging demographic of the population needs to be taken into account when
considering what a community center should look like.
Review Proposed Pool Parking Area
Griffin Ryder summarized previous discussions that the committee has had regarding the proposed pool
parking area. Mr. Ryder explained it would be helpful for Reed Hilderbrand to take some of the designs that
staff have already put together and generate some parking concepts that the committee could react to. Mr.
Ryder noted that Reed Hilderbrand had cautioned against building any permanent parking structures at this
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 12.6.2022 www.brewster-ma.gov Page 3 of 4
stage in the process. Ms. Randall added that she understood the enthusiasm around opening the pool, but
that the parking scheme should be a part of the larger planning study. A permanent lot could be designed for
multiple uses, and the existing courts adjacent to the pool could be used in the meantime. Ms. O’Connor-
Rice agreed that this was a sensible decision. Mr. Fryzel asked how the money secured from Town Meeting
would be impacted by making a decision like this. Mr. Lombardi responded that the appropriation could still
be used for interim measures, and would remain available for parking construction in the future.
Selectperson Chaffee commented that there is a great likelihood that certain parts of the property such as
the pool and the art center, will likely remain, and, as such, the current location of the courts for pool
parking is extremely convenient.
Jillian Douglass, a member of the public attending the meeting, stated how encouraging it was to know the
consultants were now on board, and hoped that the “miro board” could be opened to the public at some
point.
Discuss Public Forum on Summer 2023 Pool Planning
Mr. Lombardi noted that it will be necessary to seek public input on opening the pool for the summer of
2023, and a public forum will therefore have to be scheduled. The earlier this can take place, the easier it will
be to make decisions for the summer. Ms. Bebrin stated that there were two committee meetings scheduled
for January, but a public forum should be scheduled on a different day at a later hour of the evening, and it
should be in a hybrid format so it is as accessible as possible for residents. Selectperson Chatelain said he
would like community feedback on the fee structure for the pool, and if it should be accessible to people
other than Brewster residents. Peter Johnson stated that he was in favor of temporary parking for the pool.
Thomas Wingard asked when the public will be able to access these properties again. Selectperson Chaffee
stated her support for a 6.00pm hybrid public forum one evening in January, and noted, in response to Mr.
Johnson, that Mr. Lombardi would be covering this topic later in the meeting. Ms. Bebrin asked for a show of
hands in favor of the committee recommending temporary parking for the summer at the public forum – a
majority of members raised their hands. Ms. Bebrin stated that the committee would present this plan at the
public forum.
Review Upcoming Approved Interim Uses and Potential Vote on Proposed New Interim Uses
This will be discussed at the next committee meeting on January 3, 2023.
Update on Property Insurance
Mr. Lombardi stated that the Town has worked with its insurance provider, MIIA, since the purchase of the
Sea Camps property. The Town worked with them to provide the coverage they were able to, and they then
served as the Town’s broker when it went out to the market to seek coverage for the many structures on the
properties, and Lloyds of London won a competitive bid. However, since the policy expired last month, it has
not been possible to renew with this insurance provider. The Town does not currently have coverage for any
of the properties on the bay parcel right now – the Town is working with its insurance provider to try and
secure coverage for the boat house, administration building, arts center, and the major assets. Mr. Lombardi
is hopeful this will be confirmed soon. The Town does not envision a scenario in which it is able to secure
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BPPC 12.6.2022 www.brewster-ma.gov Page 4 of 4
coverage for the other structures on the property, and as such, there is currently a major financial liability.
This provides an ongoing issue in terms of providing public access to the property. The Town is still covered
for municipal uses on the property, but not for the structures.
Vote on Meeting Minutes: November 7 and November 15, 2022
Ms. Bebrin noted that previous meeting minutes would be voted on at the next committee meeting on
January 3, 2023.
Discuss Future Meeting Agenda Items
A representative from the Pond Committee will be present to discuss interpretive signage. Also on the
agenda will be site remediation at the old gun range, and a hydration station at the pool. Interim uses will
also be discussed.
Mr. Fryzel asked if the committee could begin meeting in-person again. Ms. Bebrin announced, after asking
for a show of hands, that the committee could begin to meet in person in January to the greatest extent
practicable, while still allowing for hybrid participation.
Next Meetings:
January 3 and January 17, 2023.
Matters Not Reasonably Anticipated by the Chair:
None
Adjournment
Karl Fryzel moved to adjourn at 6.04pm. Ms. Jacobus second. A roll call vote was taken. Selectperson Chaffee
– yes, Selectperson Chatelain – yes, Pat Hughes – yes, Karl Fryzel – yes, Caroline McCarley – yes, Katie
Jacobus – yes, Thomas Wingard – yes, Clare O’Connor-Rice – yes, Amanda Bebrin – yes, Peter Johnson – yes.
Respectfully submitted by Conor Kenny, Project Manager
Approved: __________________ Signed: _________________________________________
Accompanying Documents in Packet: Agenda, CCSC Pool Parking Conceptual Layouts, John Phillips Email & Sketch of Bay Property Parking
Conceptual Configuration, Memo on Public Forum for Pool Planning, Art in the Afternoon Flyer, 11.7.22 & 11.15.22 Minutes, Mike
Gradone Email Re. Suggested CCSC Events, Reed Hilderbrand Team Diagram, Reed Hilderbrand Schedule