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Select Board Meeting Packet 7.10.23
Select Board Ned Chatelain Chair Mary Chaffee Vice Chair Kari Hoffmann Clerk Cynthia Bingham Dave Whitney Town Manager Peter Lombardi Assistant Town Manager Donna Kalinick Project Manager Conor Kenny Executive Assistant Erika Mawn Town of Brewster Select Board 2198 Main St., Brewster, MA 02631 townmanager@brewster-ma.gov (508) 896-3701 AMENDED SELECT BOARD MEETING AGENDA 2198 Main Street July 10, 2023 at 6:00 PM This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in -person vs. virtual attendance accordingly. Members of the public who wish to access the meeting may do so in the following manner: Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224 To request to speak: Press *9 and wait to be recognized. ZoomWebinar: Passcode: 509224 To request to speak: Tap Zoom "Raise Hand", then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream or Video recording (tv.brewster-ma.gov ). https://us02web.zoom.us/q/89092910526?,pwd=W HM2V3hrVk1hST1oW WhVU09kanUzOT09 Please note that for any item listed in this section the Select Board may take officials action including votes. 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement: As required by the Open Meeting Law we are informing you that the Town will be video and audio taping as well as broadcasting this public meeting. In addition, if anyone else intends to either video or audio tape this meeting they are required to inform the chair. 5. Public Announcements and Comment: Members of the public may address the Select Board on matters not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's discretion. The Select Board will not reply to statements made or answer questions raised during public comment but may add items presented to a future agenda. 6. Select Board Announcements and Liaison Reports 7. Town Manager's Report 8. Consent Agenda a. Meeting Minutes: June 5, 2023 b. Appointments: Golf Commission, Council on Aging and Police Officer c. Re -Appointment Update for Water Quality Review Committee d. Application for Facility Use and Fee Waiver Request: Anglican Church of the Resurrection e. One Day Liquor License Applications: Chatham Bars Inn Farm f. Vote to Approve and Sign Conservation Restriction for 0 Stony Brook Road g. Request for Commercial Shellfish Permit 9. Dangerous Dog Hearing (MGL Ch 140 Sec 157): Katherine Muchunguzi, 96 Huckleberry Lane 10. Public Hering: Removal of Member from Cultural Council 11. Review and Vote on Common Victualler License: Brewster Pico LLC 12. Discuss and Vote on Proposed Committee Open House & Volunteer Appreciation Event - Amanda Bebrin 13. Discuss and Vote on Proposed Changes to Building Department Fee Schedule \\\� psact E i iuiiiiiiiiioo OTC 'EIDEq eq �9/ - Er Select Board Ned Chatelain Chair Mary Chaffee Vice Chair Kari Hoffmann Clerk Cynthia Bingham Dave Whitney Town Manager Peter Lombardi Assistant Town Manager Donna Kalinick Project Manager Conor Kenny Executive Assistant Erika Mawn 14. Vote on FY23 Year -End Transfer Request(s) 15. Review Boat Ramp Construction Schedule & Vote on Long Pond Landing Closure 16. FYIs 17. Matters Not Reasonably Anticipated by the Chair 18. Questions from the Media 19. Next Meetings: July 21, July 24, August 17, and August 21, 2023 20. Adjournment Date Posted: Date Revised: 7/06/2023 7/10/2023 Received by Town Clerk: www.capecodcommission.org/cciwpf C A P E C O D A N D I S L A N D S W A T E R P R O T E C T I O N F U N D C A P E C O D A N D I S L A N D S W A T E R P R O T E C T I O N F U N D June 30, 2023 Governor Maura Healey Massachusetts State House 24 Beacon Street, Room 280 Boston, MA 02133 Dear Governor Healey, I am writing to you on behalf of the entire Cape Cod and Islands Water Protection Fund (Fund) Management Board to request your urgent assistance in sustaining the long-term financial viability of a critical source of funding that towns on Cape Cod rely upon to clean up our coastal waterways and embayments. Since its inception in 2019, the Fund has awarded approximately $140 million in subsidies to Cape Cod wastewater and water quality projects. The Fund has helped spur Cape Cod communities to advance their wastewater planning in earnest. As a result, the number of wastewater management projects in the region has increased significantly, underscoring the important role the Fund plays in accelerating the pace of wastewater projects on Cape Cod – even at the same time of unprecedented inflation and increased project costs. This highlights the impact of Fund subsidy on town’s abilities to advance pollution abatement projects with financing from the Clean Water Trust. A cash flow model developed in 2021 by PFM Financial Advisors LLC to support administration of the Fund projects the Fund’s cash flow based on certain assumptions, including annual tax collections and annual State Revolving Fund (SRF) eligible Clean Water Intended Use Plan (IUP) projects. Initial assumptions to create the model included eligible annual project costs of approximately $60 million and annual tax collections of approximately $20 million. The results of the model were supportive of providing a 25% subsidy to eligible projects while maintaining a Fund balance of at least 50% of annual collections. In 2022 and 2023, the IUP included over $108 million and $167 million in wastewater projects from Cape Cod, respectively – which are the greatest amounts we have seen for Cape Cod in a single year. With some adjustments to the financial model, including reducing subsidies from the Fund for projects that have received additional state subsidies from the American Rescue Plan Act and reducing the set-aside for critical water quality monitoring, the Board was able to award 25% subsidies to 2023 IUP projects. www.capecodcommission.org/cciwpf C A P E C O D A N D I S L A N D S W A T E R P R O T E C T I O N F U N D C A P E C O D A N D I S L A N D S W A T E R P R O T E C T I O N F U N D However, based on current assumptions for project costs and revenues, the Board cannot continue to award subsidies at this rate. The Management Board has voted to reduce the subsidy to 12% for 2024 IUP projects, absent any additional sources of funding. PFM Financial Advisors LLC has modeled for us the additional revenue we believe is necessary to allow the Fund to remain solvent through FY30. We need additional revenues of $5 million in FY24, followed by approximately $66 million in revenue spread over the following three fiscal years, to allow the Fund to support continuing the 25% subsidy through the end of the decade. The Management Board appreciates the Administration and the Legislature’s support of the Fund and its commitment to improving water quality on Cape Cod. We look forward to working with you collaboratively to develop a solution to this important funding challenge. Should you have any questions, please do not hesitate to reach out. Sincerely, Kevin Galligan Chair, Cape Cod and Islands Water Protection Fund Management Board cc: State Senator Julian Cyr State Senator Susan Moran State Representative Kip Diggs State Representative Sarah Peake State Representative Dylan Fernandes State Representative Chris Flanagan State Representative David Vieira State Representative Steven Xiarhos KP The Leader in Public Sector Law 101 Arch Street, Boston, MA 02110 Tel: 617.556.0007 Fax: 617.654.1735 www.k-plaw.com June 28, 2023 Lauren F. Goldberg Igoldberg@k-plaw com Hon. Edward Chatelain and Members of the Select Board Brewster Town Hall 2198 Main Street Brewster, MA 02631-3701 Re: Town Counsel Reappointment Dear Members of the Select Board: Thank you for reappointing KP Law, P.C. to the position of Town Counsel. On behalf of KP Law, I would first like to express our appreciation to the Select Board, Town Manager and Town employees for the privilege of having served the Town as Town Counsel. As you know, we are committed to the service of municipalities with unparalleled dedication to efficient and cost-effective, personalized service. With KP Law, you are supported by a team of the highest -quality lawyers with specific expertise in the matters the Town faces, with the value added by our record of over four decades of success on behalf of our municipal clients. The KP Law difference is our dedication to our municipal client base. We appreciate the opportunity to continue serving as your Town Counsel. Please contact me or Gregg Corbo at any time with further questions. Very truly yours, Lauren F. Goldberg LFG/aem cc: Town Manager 870652/BREW/0001 KP Law, P.C. 1 Boston • Hyannis • Lenox • Northampton • Worcester Millstone Road Land Parcel (98-12) Property Timeline 16+ ACRES OF TOWN-OWNED LAND DESIGNATED FOR COMMUNITY HOUSING 10/2019-6/2020: Community engagement includes 3 community input sessions, and 2 online surveys. The Trust, with guidance from the Housing Plan and help from MHP & Barrett Planning, determines community housing goals for the property. 9/2020: Completion of Bohler Feasibility Study. 12/20: Watershed Study. 5/2018: Brewster residents approve the transfer of Millstone land parcel 98-12 for community housing purposes, and the use of CPA funds to purchase 0 Millstone Road (99-1) for community housing purposes. 7/2018: Town purchases 0 Millstone Road (access parcel). 12/2018: Select Board signs grant agreement with MHP for pre- development feasibility study and assigns management of the project to the Brewster Affordable Housing Trust. 7/2019: An initial report by Bohler Engineering states that “an affordable housing development appears to be a feasible project at this location with limited constraints.” 6/2004: Court judgment transfers the property to Town of Brewster. 2006-2013: Work done includes survey, investigation of deed, and possible access to Millstone land parcel. 6/1994: Town of Brewster files Tax Lien Conversion Case in Land Court. 11/2005: Special Town Meeting vote authorizes Board of Selectmen to investigate ownership of the Town’s interests in 8 parcels of land (including 98-12) for the purpose of constructing affordable housing, or for the sale with proceeds reverting to the town’s Affordable Housing Fund. $10,000 is allocated for professional services. Timeline prior to the drafting of the Request for Proposals (RFP) for development of the property which began in January 2021 and continued through September 2021 with the guidance of MHP. Completed steps & potential next steps for the Millstone Property as of June 2023 The development of this parcel for Brewster’s housing needs is an intentional process being overseen by the Brewster Affordable Housing Trust (BAHT). The following is a general timeline highlighting actions after the parcel was designated for Community Housing at the May 2018 Town meeting. Completed Steps (2019 – June 2023) Feasibility study on land (2019- 2020) In December 2018, the Select Board signed a grant agreement with Mass Housing Partnership (MHP) to provide a pre-development feasibility study to help determine the potential community housing options for this parcel. In July 2019, Bohler Engineering released the initial stage of the study, the Due Diligence Report. Determine community housing goals for the property (Fall 2019- Spring 2020) This involved public input, financial realities, information from the feasibility study as well as guidance from the data and strategies provided in the Brewster Housing Plan. Barrett Planning Group was hired to lead the community engagement process, including interviews, three public sessions, and two online surveys. MHP and the Housing Trust also participated in information gathering, sharing, and presentations. The Trust worked diligently over several meetings to provide guidelines and goals around the Millstone property, taking into consideration public input, financial realities, information from the feasibility study and Brewster housing needs as outlined in the Housing Plan. Completion of Bohler Engineering’s Feasibility Study (September 2020) With input from the community engagement process and guidance from the Housing Trust, Bohler developed a Master Plan to be used to assist in the creation of the RFP. The Feasibility Study, including the Master Plan, was presented by Bohler and MHP to the Trust at the televised, and recorded, September 2020 Virtual Trust meeting. In response to abutter concerns, the Trust engaged Bohler to perform an additional Watershed Analysis in Fall 2020. Develop Criteria and Create a Request for Proposals (RFP) (January 2021- September 2021) At public Housing Trust meetings over a span of eight months, the BAHT developed criteria and drafted an RFP with guidance and assistance from MHP. The RFP included the development objectives, property description, proposal submission requirements, developer selection criteria and selection process. The RFP was approved by the Select Board and issued in October 2021. Proposal responses were due in December 2021. Designate a Developer (January – August 2022) After reviewing proposals, the Town selected Preservation of Affordable Housing and Housing Assistance Corporation to develop 45 affordable rental homes on the parcel. A land development agreement was signed in August 2022. File a Comprehensive Permit Application with the Zoning Board of Appeals (ZBA) (December 2022- June 2023) The developers applied for a Comprehensive Permit with the ZBA on December 22, 2022. The public hearing opened February 7 and public comment was received through May 9. In response to ZBA input and public comment, the plans were adjusted, and on June 13, the ZBA approved the comprehensive permit with conditions. This is considered a ‘friendly 40B’ as the Town created the RFP and both the town and developers are working towards a common goal. Current & Future Steps Request Community Preservation Act (CPA) Funding (2023) POAH and HAC are applying for Brewster CPA funding which involves an application to the Community Preservation Committee (CPC), examination and recommendation by the CPC, and a Town Meeting vote for authorization of the funds. It is also expected that POAH and HAC will apply to the Housing Trust for funding. Finalize Funding After receiving a Comprehensive Permit, the developers may apply for state funding. The state usually has one funding round every 9-12 months and it generally takes at least two tries to successfully attain funding. However, with the intense need for affordable housing, the state may have additional funding rounds and availability. Begin Construction This includes a final review of plans by Town officials. Construction averages 12 months. For additional information contact: Donna Kalinick, Assistant Town Administrator, dkalinick@brewster-ma.gov, 508-896-3701, X1130 Jill Scalise, Housing Coordinator, jscalise@brewster-ma.gov, 508-896-3701 X1169 DECISION BREWSTER ZONING BOARD OF APPEALS Millstone Road Comprehensive Permit Application Decision Number: 23-04 Date Application Filed: December 22, 2022 Applicant: Preservation of Affordable Housing, Inc./Housing Assistance Corporation Premises Affected: 0 Millstone Road, Assessor's Map 98 Lot 12 Relief Requested: Comprehensive Permit, G.L. c. 40B, §§ 20-23 Public Notice: January 20, 27, 2023 Public Hearing(s) held: February 7, 2023; March 14, 2023; April 11, 2023; May 9, 2023 Decision of the Board: Approved with Conditions Members participating: Brian Harrison (Chair), Jeff Carter (Vice Chair), Patricia Eggers, Bruce MacGregor and Trish Metz Date of Decision: June 13, 2023 Millstone Road Decision No. 23-04 DECISION BREWSTER ZONING BOARD OF APPEALS Millstone Road Comprehensive Permit Application I. FINDINGS The Zoning Board of Appeals hereby finds as follows: Procedural History 1. On December 22, 2023, Preservation of Affordable Housing, Inc. and Housing Assistance Corp. ("Applicant") submitted a Comprehensive Permit application to construct 45 rental units ("Project") in eleven buildings on approximately 16.6 acres of land at 0 Millstone Road in Brewster (Tax Assessor's Map 98 Lot 12) ("Site"). Thirty- five units will be affordable for households with incomes at or below 60 percent of Area Median Income (AMI), and ten units will be affordable for households with incomes at or below 80 percent AMI. Upon receipt of the application, Brewster Planning Department staff distributed copies of the application to Local Boards and town departments for review and comment. 2. The Zoning Board of Appeals ("Board") opened and held a duly -noticed public hearing on February 7, 2023, and continued the hearing to March 14, 2023; April 11, 2023; and May 9, 2023. The Applicant consented in writing to extend the opening of the hearing. The Board closed the public hearing on May 9, 2023. The Board reviewed a draft written decision and deliberated on the Project at its duly -noticed public meeting on June 13, 2023, and voted unanimously, five votes in favor, none opposed, to grant the Comprehensive Permit with Conditions. 3. At its hearing on February 7, 2023, the Board received presentations from the Applicant's development team. Attorney Peter Freeman provided an overview of the Project and the basic requirements of G.L. c. 40B, §§ 20-23 ("Chapter 40B") for the Board. He described the proposed development as a "friendly 40B" because the project is on land owned by the Town of Brewster and which will be ground -leased to the Applicant as a result of a Request for Proposals (RFP) process involving the Brewster Affordable Housing Trust and Select Board. After designating the Applicant as the developer of the Site, the Select Board supported a Low -Income Housing Tax Credits (LIHTC) Project Eligibility Application to the Department of Housing and Community Development (DHCD) by letter dated August 10, 2022, and on August 17, 2022, DHCD issued a Project Eligibility Letter to the Applicant. The Applicant's design team, including Joseph Henderson, P.E., from Horsley Witten Group, and Paul Attemann, AIA, from Union Studio Architecture and Community Design., presented information about the building plans, site design, stormwater, wastewater disposal, wetlands, traffic, and other information within the Board's purview under Chapter 40B. 4. When the hearing continued on March 14, 2023, the Applicant's traffic consultant, Jeffrey Dirk, P.E., of Vanasse & Associates, Inc., presented the Traffic Impact Assessment (TIA) for the project. 2 Millstone Road Decision No. 23-04 5. To evaluate the plans, documents, and testimony submitted by the Applicant's development team, the Board sought technical assistance and comments from Town staff and other boards and commissions. The Board received comments and recommendations from the DPW Director, Planning Board and Planning Department, Housing Coordinator, Health Department, Assistant Town Manager, Fire Department, and Cape Cod Commission. 6. Abutters presented several questions and comments to the Board during the course of the public hearing. Their concerns covered the following topics: (a) Whether the Project would disturb wildlife habitat; (b) Adequacy of the proposed parking; (c) Buffering and fencing as related to claimed visual, noise and privacy impacts; (d) Traffic impact on Millstone Road; (e) Building height; (f) Project cost; and (g) Whether Brewster needs more affordable housing. 7. The Board also questioned several aspects of the Project during the public hearing, specifically: (a) Adequacy of the proposed parking; (b) The affordability levels and income ranges to be served by the Project; (c) Whether a financial impact analysis should be conducted; and (d) Whether portions of the Site not currently proposed for development could be proposed for additional development in the future. 8. To respond to these questions and comments, the Applicant provided the following: (a) The Site is not within a state -designated Priority Habitat Area, as noted both by the Applicant's engineering consultant and the report from the Cape Cod Commission; (b) The proposed number of parking spaces was increased by the Applicant during the course of the hearing, and the plans were revised to show the additional parking, larger parking spaces, and to allow for reserve parking; (c) Fencing and additional landscaping was provided where needed and as appropriate, and the plans were revised accordingly; (d) The addition of vehicular traffic on Millstone Road will be a de minimis impact on existing traffic volumes, as reported in the TIA, and safe sight lines for the Project's access drive would be provided with the necessary clearing within the Millstone Road layout. 9. The Assistant Town Manager, the Town's Housing Coordinator, Town Planner, and Brewster Housing Partnership provided other comments as well: (a) The size of the proposed Project represents what is authorized under the Town's land Disposition Agreement with the Applicant, and any additional development would violate the terms of that agreement; (b) Seventy-two percent of the Site will remain undeveloped open space; 3 Millstone Road Decision No. 23-04 (c) Affordable housing lottery information from the past two Chapter 40B developments in Brewster indicates there is a continuing regional need for affordable housing. For Brewster Woods and Serenity, 81 percent of the qualified applicants were residents of Cape Cod communities, including Brewster. 10. Sitting for the Board and present for the public hearing process were Brian Harrison, Chair, Bruce MacGregor, Pat Eggers, Jeff Carter, and Trish Metz. The first hearing session was held virtually; all subsequent public hearing and meeting sessions were held in person. Mr. MacGregor missed the first hearing session but subsequently reviewed all evidence from that missed session. Mr. MacGregor's affidavit certifying the same, pursuant to MGL Ch 39, Section 23D, has been accepted into the hearing record. 11. All documents received in connection with this application and the public hearing process are on file with the Brewster Board of Appeals. Governing Law 12. The law governing this application is the Comprehensive Permit Law, Massachusetts General Laws, Chapter 40B, §§ 20-23 (the "Act"), and the regulations promulgated by the Massachusetts Department of Housing and Community Development ("DHCD"), 760 CMR 56.00 et seq. (the "Regulations"). 13. The Act promotes regional distribution of low- or moderate -income housing by preventing individual cities and towns from using exclusionary zoning to block construction of such housing. Toward these ends, the purposes of the Act are satisfied if: (a) a town has low or moderate income housing in excess of 10 percent of the total number of year-round housing units reported in the latest decennial census or (b) which is on sites comprising 1.5 percent or more of the town's total land area zoned for residential, commercial, or industrial use, or (c) if the application results in the commencement of low and moderate income housing construction on sites comprising more than 0.3 percent of such total area or 10 acres, whichever is larger, in one year. 14. DHCD's Regulations expand the definition of what constitutes satisfaction of the statute to include such methods as "recent progress" toward the statutory minima or compliance with a DHCD-approved Housing Production Plan (HPP), all as described in 760 CMR 56.03(1). The Town of Brewster has an approved HPP, and as of the date of the Application, the Town's HPP was certified for one year (expiring on May 15, 2023). Accordingly, the Board issued a Reservation of Rights letter to the Applicant within 15 days of opening the public hearing. Nevertheless, the Board (and Applicant) proceeded with the public hearing process. DHCD acknowledged receipt of a copy of said letter in writing. 15. The Board's decision on a comprehensive permit must balance the regional need for low - or moderate -income housing against the Town's long-range planning goals, local requirements and regulations to the extent that they are applied equally to subsidized and unsubsidized housing, and valid concerns about the health and safety of residents of the -4- Millstone Road Decision No. 23-04 proposed housing, the surrounding neighborhood, or the Town as a whole. A board of appeals may approve a project subject to reasonable conditions to mitigate its impacts. 16. At present, the Town of Brewster does not meet the statutory minima set forth in G.L. c. 40B § 20 or 760 CMR 56.03(3). Jurisdictional Findings 17. The Applicant meets the jurisdictional requirements under Chapter 40B. The Subsidizing Agency for the Project is DHCD. The Applicant has demonstrated its eligibility to submit an application for a Comprehensive Permit to the Board, and the development fulfills the minimum project eligibility requirements set forth in 760 CMR 56.04(1). Specifically: (a) Applicant's Status. The Applicant is a partnership of Preservation of Affordable Housing, Inc. (POAH, Inc.") and Housing Assistance Corp. ("HAC"), both of which are non-profit organizations, and the partnership agrees and intends to enter into a Regulatory Agreement with DHCD under the Federal Low Income Housing Tax Credit ("LIHTC") Program (the "LIHTC Regulatory Agreement"). Therefore, as found by DHCD in the Project Eligibility Letter described below, the Applicant is an eligible Applicant pursuant to 760 CMR 56.04(1)(a). (b) Fundable Project. The Applicant has submitted a Project Eligibility Letter from DHCD dated August 17, 2022, which confirms the project's eligibility for receiving a governmental subsidy under the LIHTC Program and the suitability of the site. Therefore, the Applicant fulfills the requirement of 760 CMR 56.04(1)(b), which states: "The project shall be fundable under a subsidizing agency under a low- and moderate -income subsidy program." (c) Site Control by Applicant. Housing Assistance Corporation and Preservation of Affordable Housing LLC, an affiliate of Preservation of Affordable Housing, Inc., have entered into a Land Disposition Agreement dated 8/25/22 with the Town of Brewster and Brewster Affordable Housing Trust to develop the Site. Therefore, the Applicant controls the site as required by 760 CMR 56.04(1)(c). Findings of Fact 18. The Site is in the Residential Low Density (R -L) Zoning District with lot frontage on and direct access from Millstone Road. The Site meets the zoning bylaw's minimum lot width and frontage requirements. 19. The Project consists of 45 rental units with a mix of one-, two-, and three -bedroom units (80 total bedrooms) in ten multifamily residential buildings, a community building with laundry facilities and other amenities, and supporting infrastructure such as driveways, parking, and wastewater and stormwater facilities, depicted and described in the application materials, as revised and supplemented ("Project"). 20. The Project will provide 45 units of affordable housing, consistent with needs identified in the Town of Brewster Housing Production Plan, which was approved by the Brewster Select Board and Planning Board in July 2022. -5- Millstone Road Decision No. 23-04 21. The Site is owned by the Town of Brewster, previously acquired and designated for community housing purposes by Brewster Town Meeting, and the Town administration together with the Affordable Housing Trust and the Town's Housing Coordinator, and other Town departments, spent considerable time developing a Request for Proposals (RFP) which called for the type of development that the Applicant is proposing. The Town received and used an MHP Technical Assistance grant to help develop the RFP. A robust, professionally facilitated community engagement process preceded drafting of the RFP. The Town had prepared a Watershed Study and Due Diligence Report by Bohler Engineering to assess and inform future development of the Site pursuant to the RFP. 22. In response to the RFP, the Applicant submitted a proposal and the Town selected the Applicant to develop the site for affordable housing consistent with the RFP. 23. The Applicant is proceeding under a Land Disposition Agreement (LDA) with the Town. The Project as described in the application, including as revised and supplemented, is consistent with the material terms of the LDA. 24. Consistent with the terms of the RFP, the Applicant intentionally clustered the proposed buildings and infrastructure on approximately 4.7 acres of the 16.6 acres of the Site in order to preserve as much undisturbed area as possible. 25. The Site is not in an Area of Critical Environmental Concern nor is it in or does it include any other environmentally sensitive areas, including without limitation a water recharge area/ Zone II, special flood hazard zone, wetlands or wetland buffer zones, and it is not upgradient of a nitrogen sensitive tidal embayment and not upgradient of any freshwater ponds. 26. The Site has no Priority Habitat Area designated by the Natural Heritage and Endangered Species Program on the Site and is not subject to any regional or state filings or determinations with respect to habitat protection. 27. The Applicant had prepared by its consultant Horsley Witten and submitted with its application an Existing Conditions Report/ Natural Resource Analysis, a Stormwater Analysis and Drainage Report, and a Phase 1 Environmental Site Assessment, all dated December 2022. The Town has a Stormwater Management Bylaw and corresponding regulations; the Applicant's Stormwater Analysis and Drainage Report complies with said bylaw and regulations, without Waiver. 28. The Site is not located in an historic district, though Millstone Road is a locally designated Scenic Road. Millstone Road is a public (town) way. 29. The Project is not located in the "District of Critical Planning Concern" Groundwater Overlay District of the Zoning Bylaw, and thus no Water Quality Certificate or review by 6 Millstone Road Decision No. 23-04 the Water Quality Review Committee is required for the Project, and no Waiver is required relative thereto. 30. The Project completed formal staff review (Brewster Code Ch. 83) prior to filing the comprehensive permit application. The Town Planner issued a staff review report to the Applicant, a copy of which was provided to the Zoning Board of Appeals for the hearing record. 31. The Project is subject to the Scenic Roads Act and Shade Tree Act, and the approval of this Comprehensive Permit includes approval of tree clearing within the Millstone Road layout as shown on the Applicant's plans. 32. The Applicant has communicated with the Cape Cod Regional Transit Authority (CCRTA) about on -call, off -route service that will be available to the Project, and the potential for a future fixed route stop at the Site. 33. The Town of Brewster Planning Board heard a presentation from the Applicant at its January 25, 2023 meeting, and the Planning Board "voted unanimously to communicate to the Zoning Board of Appeals its support of the project and of the requests for waivers relating to matters within the Planning Board's purview" (citation from Planning Board Memorandum to the Board dated January 30, 2023). 34. There is an acute rental housing shortage in the Town of Brewster and the Cape Cod region. 35. The Applicant has complied with all rules and regulations of the Board of Appeals as they pertain to the application for a Comprehensive Permit, except as waived in this decision. 36. The Applicant requested certain Waivers from the Town's applicable requirements, bylaws and regulations in the application, and revised and supplemented its request throughout the hearing process. A list of said Waivers and. Board's corresponding Findings about the Waivers is attached hereto as Exhibit B. 37. No fee waivers are granted hereunder. Should the Applicant desire to pursue fee waivers related to building permits, disposal works construction permits or municipal water service, it shall pursue the same with the Select Board, Board of Health and Water Commission, respectively. The Select Board has adopted a Fee Waiver Policy, revised 12/21/20, which specifically exempts Town -sponsored projects including affordable housing development from certain applicable permit and license fees. 38. The Select Board will consider and it is anticipated that the Select Board will pursue approval of "local preference" for initial lease -up of the Project from DHCD, potentially up to a maximum 70% permitted under DHCD guidelines. The Select Board will be required to provide evidence satisfactory to the Subsidizing Agency of the need for the -7- Millstone Road Decision No. 23-04 level of local preference requested and to obtain approval of the categories of persons qualifying for the same. The Applicant shall provide reasonable and timely assistance to the Town in providing this evidence, as requested. In no event shall the Applicant be in violation of the terms of this Comprehensive Permit to the extent the Subsidizing Agency disapproves local preference or any aspect thereof. 39. Subject to the conditions imposed by this decision, the Project is "Consistent with Local Needs" within the meaning of G.L. c. 40B, § 20, and Section 56.02 of DHCD's Chapter 40B Regulations (760 CMR 56.02). II. DECISION In consideration of all of the foregoing, including the plans, documents, and testimony given during the public hearing, the Board hereby grants the Applicant a comprehensive permit under Chapter 40B for the development described herein, subject to the Conditions set forth below. The Board notes that the Applicant has not identified any of the following conditions as requirements that will render the Project uneconomic. Said Conditions are consistent with Local Concerns. The Board also grants the Waivers substantially as requested by the Applicant, a list of which are attached hereto and incorporated herein by reference as Exhibit B. The Waivers are Consistent with Local Needs and are required to permit the construction and operation of the Project. III. CONDITIONS General 1. The holder of this Comprehensive Permit is the Applicant, Preservation of Affordable Housing, Inc., and the Housing Assistance Corporation. The Applicant, its successors and assigns shall comply with this Decision and all applicable requirements of Chapter 40B and the regulations adopted thereunder. The provisions of this Comprehensive Permit Decision and Conditions shall be binding upon the Applicant and the successors and assigns of the Applicant, and the obligations shall run with the land, as set out in this Condition. In the event that the Applicant sells, transfers, or assigns its interest in the development, this Comprehensive Permit shall be binding upon the purchaser, transferee, or assignee and any successor purchasers, transferees or assignees. Prior to substantial completion of construction, this Decision may be transferred pursuant to the provisions of 760 CMR 56.05(12)(b), subject to approval of the Subsidizing Agency with notice to this Board. After substantial completion, this Decision shall be deemed to run with the land pursuant to 760 CMR 56.05(12)(b). 2. Except as may otherwise be provided in the following Conditions, the Project shall be constructed substantially in conformance with the plans, documents and drawings listed in Exhibit A attached hereto and incorporated herein by reference, which for purposes of this Comprehensive Permit shall be considered the Approved Plans for the Project ("Approved Plans"). The Project includes all features shown on the Approved Plans or as otherwise required by this Comprehensive Permit. 8 Millstone Road Decision No. 23-04 3. Minor changes to the Approved Plans (e.g., changes that do not materially affect the location of, or increase the height or massing of the structures, or increase the number of units contained in the residential buildings) shall be submitted to the Building Inspector who shall have the authority to approve such changes as immaterial changes. If the Building Inspector determines that the proposed changes do not conform to the requirements of this comprehensive permit, s/he shall so notify the Applicant and the Applicant shall either bring the plans into conformance with this decision or seek modification in accordance with 760 CMR 56.05(11). 4. The Project shall consist of not more than 45 units with a mix of one-, two-, and three - bedroom units in ten multifamily residential buildings as shown on the Approved Plans. 5. There shall be 79 off-street parking spaces, as well as a reserve area for possible future additional parking spaces which would result in a net gain of 8 spaces (87 in total), all as depicted in the Approved Plans (5 accessible spaces are proposed as part of the 79 spaces). (a) Three years after the issuance of the last/ final Certificate of Occupancy for the Project, or earlier if identified by the Building Inspector and communicated to the Applicant, the Applicant shall submit to the Building Inspector an assessment as to whether the 79 constructed parking spaces are adequately serving the parking needs of the Project; such assessment shall include the number of vehicles owned by the tenants, the number of spaces that are assigned to the units, the number of spaces available to guests; and the average number of vacant spaces, if any. (b) If in the Building Inspector's opinion additional parking spaces are needed, then the Building Inspector shall so notify the Applicant in writing and inform the Applicant of how many of the reserve parking spaces must be constructed in the area denoted for reserve parking in the Approved Plans; and the Applicant shall do so within three (3) months of such notice, subject to reasonable extension due to weather conditions or the like. (c) Such construction may include any necessary grading or drainage facilities; the reserve parking area may be constructed of pervious surface adequate for parking purposes. (d) Further review by the Board or modification to this Decision shall not be required to construct the reserve spaces if consistent with this Condition. 6. All dwelling units approved under this Comprehensive Permit shall be rental units. 7. The Applicant shall comply with all local regulations of the Town of Brewster and its boards and commissions unless specifically waived herein or as otherwise addressed in these conditions. 8. The Applicant shall copy the Building Inspector on all correspondence by and between the Applicant and any federal, state, or Town official, board, or commission concerning the conditions set forth in this decision, including but not limited to all testing results, official filings, environmental approvals, and other permits issued for the Project. 9 Millstone Road Decision No. 23-04 9. Except as otherwise specifically provided herein, where this Decision provides for the submission of plans or other documents for approval by the Building Inspector or other Town Departments, the Applicant shall pay all permit application fees normally charged by the Town. The Building Inspector or applicable Department Head will use reasonable efforts to review and provide a written response within thirty (30) days following submission and payment of application fees. For submissions that require assistance from an outside consultant, as determined by the Building Inspector or applicable Department Head, the thirty -day time period shall not begin until the consultant's fee has been fully funded by the Applicant. 10. Nothing herein shall affect the Applicant's obligations to the Town under the LDA. 11. The sidewalks, driveways, roads, utilities, drainage systems, wastewater disposal systems, water system, and all other infrastructure shown on the Approved Plans as serving the Project shall remain private in perpetuity unless otherwise agreed to and accepted in writing by the Town, consistent with all applicable laws and regulations. Subject to the foregoing, the Town of Brewster shall not have. now or in the future, any legal responsibility for the operation or maintenance of the infrastructure, including but not limited to snow removal, trash removal, recycling, and landscape maintenance. 12. Unless the language of a Condition suggests that it is intended to have shorter duration, all Conditions in this Comprehensive Permit shall be "in perpetuity" and remain in full force and effect for the life of the Project. 13. Prior to commencement of any Project construction, the Applicant shall record this Comprehensive Permit with the Barnstable County Registry of Deeds, at the Applicant's expense, and provide proof of the same to the Building Inspector. The Board reserves the right to cause this Decision to be recorded at the Barnstable County Registry of Deeds at any time. Affordability Requirements 14. All of the units on the Site shall be affordable in perpetuity: of the forty-five (45) total units, thirty-five (35) units shall be affordable to and occupied by households with incomes at or below 60 percent of AMI (the "Low Income Households") and the remaining ten (10) units shall be affordable to and occupied by households with incomes at or below 80 percent of AMI (the "Moderate Income Households"). All units required to be affordable to and occupied by Low Income Households or Moderate Income Households are referred to herein as "Affordable Units." Notwithstanding the foregoing, in the event of foreclosure, a minimum of 45% of the units on the Site shall be and remain Affordable Units: 25% of the units shall be permanently affordable to and occupied by Moderate Income Households, and an additional 20% of the units shall be permanently affordable to and occupied by Low Income Households. However, in the event of a conflict between this condition and the DHCD requirements under the LIHTC Program, the DHCD requirements shall control, including without limitation the provisions of the LIHTC Program and Regulatory Agreement concerning foreclosure. - 10- Millstone Road Decision No. 23-04 15. All Affordable Units shall be eligible for inclusion in DHCD's Subsidized Housing Inventory "("SHI") in accordance with 760 CMR 56.02(2). 16. To comply with the requirements of the LIHTC Program, the Affordable Units shall be available to and restricted for rent and occupancy as required by the LIHTC Program and as approved by DHCD (which currently requires the Affordable Units to be available to and restricted for rent and occupancy to eligible households, as determined by HUD, provided that the average household income does not exceed 60 percent HUD area median income). 17. The Applicant and the Town shall enter into a Local Regulatory and Use Agreement, incorporating the provisions of Conditions 14 and 15 hereof, in form and substance reasonably acceptable to Applicant and the Town, and approved by DHCD under the relevant provisions of the Massachusetts General Laws and DHCD's regulations and Guidelines (the "Local Regulatory Agreement"), sufficient to include all the Affordable Units in the SHI, which Local Regulatory Agreement shall be recorded with the Barnstable Registry of Deeds prior to the issuance of a building permit. Notwithstanding the foregoing, the terms of the LIHTC Regulatory Agreement and any applicable rent restrictions of the federal low- income housing tax credit program under Section 42 of the Internal Revenue Code of 1986, as amended, set forth in the LIHTC Regulatory Agreement, shall take precedence over the Local Regulatory Agreement until such time as the LIHTC Regulatory Agreement expires, terminates or is otherwise no longer in effect and there is no other substitute regulatory agreement in effect. Any reference herein to a Regulatory Agreement herein shall refer to the LIHTC Regulatory Agreement or substitute regulatory agreement for so long as the same is in effect, after which all references to a Regulatory Agreement shall mean the Local Regulatory Agreement. Execution and recording of a "Restriction" approved by the Town in accordance with the LDA will satisfy the foregoing requirement for a Local Regulatory Agreement. 18. The Affordable Units shall be dispersed throughout the Project in accordance with the DHCD's Comprehensive Permit Guidelines (it being understood that the location of Affordable Units can change over time as provided in the Regulatory Agreement). 19. The Applicant shall be responsible for maintaining records sufficient with DHCD guidelines for the rental of such Affordable Units by income -eligible households. 20. The Applicant shall obtain the Subsidizing Agency's approval of an Affirmative Fair Housing Marketing Plan prior to making any of the Affordable Units available for rent. The Plan approved by the Subsidizing Agency shall be provided to the Planning Department and Brewster Housing Partnership for informational purposes. 21. The Subsidizing Agency is responsible for regulating, monitoring, and enforcement in accordance with the LIHTC Regulatory Agreement. The Applicant and successors and assigns as owners of the Project, shall pay, in perpetuity, any reasonable fees charged by the Subsidizing Agency's monitoring agent and any subsequent monitoring agent retained by the - 11 - Millstone Road Decision No. 23-04 Town when the LIHTC Regulatory Agreement is no longer in effect, as set forth in the Local Regulatory Agreement. The Town of Brewster shall not be responsible for paying such fees or for monitoring the Project's compliance with the Regulatory Agreement. Submission Requirements 22. Prior to any construction on the Site, whether or not pursuant to a building permit, the Applicant shall: (a) Submit Final Engineering Drawings and Plans that conform to the requirements of this Comprehensive Permit and incorporate the conditions herein ("Final Plans") to the Building Inspector for review and approval as to conformity with this Decision. The Final Plans shall incorporate all conditions and requirements of permitting agencies having jurisdiction. Applicable sheets of the Final Plans shall be signed and sealed by the Professional Land Surveyor of record, the Registered (Civil) Engineer of record, the Registered Landscape Architect of record, or the Registered Architect of record. No construction of buildings, structures, or improvements shall be performed on the Site unless they are substantially in accordance with the Approved Plans and the Final Plans; (b) Submit a final landscaping plan consistent with the Approved Plans, signed and sealed by a Registered Landscape Architect, depicting the following: i. Overall planting plan that includes a demarcation of clearing and the limits of work; including areas where the existing vegetated buffer will be enhanced with additional plantings; ii. Planting plans for drives showing shade trees and lighting fixture locations; iii. Plans of walkways in open space and recreation areas; iv. Prototype planting plans for each building that include shade trees, ornamental trees, shrubs, and groundcovers; v. Planting details for coniferous and deciduous shade trees, ornamental trees, and shrubs; vi. Planting schedules listing the quantity, size, height, caliper, species, variety, and form of trees, shrubs, and groundcovers; vii. Tree protection and preservation plans; viii. Construction details; and ix. Location of fencing on southeast property line near the Site's access to Millstone Road, designed to shield the neighboring property from vehicular headlights in the driveway area. x. All plantings shall consist of non-invasive, drought -tolerant species. Plantings installed along drives and walkways shall be salt -tolerant as well. (c) If the Project is to be phased, provide a Phasing Plan, in form and substance satisfactory to the Building Inspector, showing, among other things, construction of the access drives and utilities sufficient to serve the current phase(s) proposed, and protection of landscaping, plantings and improvements. The Phasing Plan shall be provided to the Building Inspector at least seven days prior to the start of construction; (d) Obtain approval of proposed fire hydrant locations from the Brewster Fire Department. 23. The Applicant and the site general contractor shall attend a preconstruction conference with the Building Inspector and other Town department heads as the Building Inspector may determine. - 12 - Millstone Road Decision No. 23-04 24. Prior to the issuance of a building permit for the Project, the Applicant shall: (a) Submit the Final Plans for administrative review by the Board (no public hearing required) as to conformity with this Decision; (b) Submit the Final Plans and specifications for the wastewater treatment facilities to the Board of Health for review and approval as to conformity with this Decision prior to the issuance of a foundation permit; (c) Submit to the Building Inspector final Architectural Plans prepared and sealed by an architect with a valid registration in the Commonwealth of Massachusetts. The Architectural Plans shall be submitted in such form as the Building Inspector may require pursuant to the State Building Code; (d) Obtain and file with the Building Inspector a written review from the Brewster Water Department of the Applicant's construction plans and engineering details to tie into the public water distribution system, and to undertake any work and improvements within public ways, all in a manner consistent with the Approved Plans and the Conditions of this Comprehensive Permit; provided, however, permission is granted by this Decision for the project to connect to the municipal water system; (e) Submit to the Building Inspector a copy of the fully executed LIHTC Regulatory Agreement for the Project; provided, however, due to the fact that such Regulatory Agreement is not executed by DHCD until the funding closing for the Project, this Condition shall be deemed satisfied if the Building Inspector issues a "will issue" letter as to the Building Permits indicating that they will be issued upon submission by the Applicant of the fully executed LIHTC Regulatory Agreement and the payment of the applicable fess for the Building Permits; (0 Submits to the Building Inspector a copy of the Local Regulatory Agreement duly signed by the Applicant, the Town, and DHCD and recorded with the Barnstable Registry of Deeds and/or the Barnstable Registry District of the Land Court. All mortgages and other liens on the Site shall be subject to the Local Regulatory Agreement. (g) Obtain and file with the Building Inspector a copy of all federal, state, and local permits and approvals required for the Project; (h) Obtain all necessary building, electrical, plumbing, and associated permits for the Project required by state law. Construction Completion; Certificate of Occupancy 25. Prior to issuance of the first certificate of occupancy or certificate for any portion or phase of the Project, the Applicant shall: (a) If the Project is built in Phases, submit interim as -built utilities plan and profiles for each Phase as completed, showing actual -in ground installation of the utilities and stormwater management systems, to the Department of Public Works; (b) Obtain acceptance from the Fire Department of testing of all smoke and carbon monoxide detectors within the dwelling units, for the portion or phase as applicable; (c) Provide evidence in a form satisfactory to the Building Inspector that the Applicant complies with the Traffic Safety conditions listed under the Section below. 26. Prior to issuance of the last/ final certificate of occupancy for the Project, the Applicant shall: - 13 - Millstone Road Decision No. 23-04 (a) Submit to the Department of Public Works (DPW), in digital file format, a final as -built utilities plan including profiles, showing actual -in ground installation of all utilities, roadway, sidewalk and associated construction, and stormwater management systems. The file format shall be in accordance with the DPW's requirements. The digital file shall include property boundaries, dimensions, easements, rights -of -way, edge of pavement, edge of sidewalk, edge of water bodies, wetland boundaries, topographic contours, spot elevations, parking areas, road centerline and associated text. Said digital data shall be delivered in the Massachusetts State Plane Coordinate System, North American Datum 1983 and North American Vertical Datum 1988, in U.S. Survey Feet (or Meters, as required by the Town); (b) Submit to the Building Inspector as -built plans for all buildings in the Project; (c) Complete all items on a site construction "punch list" that might be developed by the Department of Public Works. Project Design and Construction 27. The Applicant shall allow the Board and Town employees, agents, and representatives to observe and inspect the Site and construction progress until such time as the Project has been completed. 28. The Applicant shall ensure that nuisance conditions do not exist in and around the Site during construction operations. The Applicant shall at all times use reasonable means to minimize inconvenience to businesses and residents in the surrounding area. 29. Soil material used as backfill for pipes, access drives, infiltration beds, porous pavement areas, and other underground drainage structures shall be certified by the Design Engineer to the Building Inspector as meeting design specifications. 30. Construction activities shall only be conducted between the hours of 7:00 AM., and 6:00 PM., Monday through Friday, and between 9:00 AM and 3:00 PM on Saturday. For purposes of this Condition, construction activities shall be defined as: start-up of equipment or machinery, delivery of building materials and supplies; removal of trees; grubbing; clearing; grading; filling; excavating; import or export of earth materials; installation of utilities both on and off the site; removal of stumps and debris; and erection of new structures. All off -site utility work shall be coordinated and approved by the Department of Public Works and shall not be subject to the timing restrictions set forth above. Finish work inside a structure once fully enclosed (walls, doors, windows and roof) is not restricted by this condition. Parking of all vehicles and equipment must be on site during construction. 31. During construction, the Site shall be secured against unauthorized entry or vandalism by fencing, or other appropriate means, and all construction materials shall be stored or stockpiled in a safe manner. 32. No building areas shall be left in an open, unstabilized condition longer than sixty (60) days. - 14 - Millstone Road Decision No. 23-04 33. As set out in more detail in Section 5 of the Applicant's Stormwater Analysis and Drainage Report, temporary stabilization on the Site shall be accomplished by hay bales, hay coverings or matting; final stabilization shall be accomplished by loaming and seeding exposed areas. 34. Exterior lighting on the Site shall be downlit, full cut-off and fully shielded in order to minimize glare or trespass onto or into any adjacent property. 35. During the pendency of construction, the Applicant shall erect barriers to prevent turtles from entering the limit of work for the Project, and conduct sweeps to remove any found turtles and move them elsewhere on -site outside said limit of work. Traffic Safety Conditions 36. The Applicant shall provide a bus stop area or bench on -site and continue to work with the CCRTA on serving the Site. 37. The Applicant shall implement the "Recommendations" of Vanasse & Associates, Inc., in its Traffic Impact Assessment Report dated January 2023 (as revised by letter dated March 31, 2023) concerning on- and off -site traffic mitigation for safe, multi -modal travel into and out of the Site. Specifically: The Project site driveway should be a minimum of 20 -feet in width where parking will not be permitted and designed to accommodate the turning and maneuvering requirements of the largest anticipated responding emergency vehicle. If the minimum driveway width is used, "No Stopping Any Time" signs shall be installed along both sides of the driveway.; (a) Where perpendicular parking is proposed, the drive aisle behind the parking should be a minimum of 22 feet in width in order to facilitate parking maneuvers; (b) Vehicles exiting the Project site should be placed under STOP -sign control with a marked STOP -line provided; (c) All signs and pavement markings to be installed within the Project site should conform to the applicable standards of the Manual on Uniform Traffic Control Devices (MUTCD); (d) A sidewalk and marked crosswalks are provided within the Project site that connect the proposed buildings to the amenity building and parking area, and extend along the driveway to Millstone Road where a future sidewalk is to be constructed by the Town. It is recommended that a widened sidewalk area be provided at Millstone Road to serve as a school bus waiting area; (e) Existing trees and vegetation located along the west side of Millstone Road within the sight triangle areas of the Project site driveway shall be selectively trimmed and/or removed as necessary in order to provide the required sight lines to and from the driveway. The Applicant should continue to communicate with Brewster DPW and coordinate the Project with work that will be required to complete the proposed Millstone Road improvements, which includes sidewalks, that is being advanced by the Town independent of the Project. The Applicant shall not, pursuant to this Decision, be responsible to construct or pay for the construction of any portion of the Town's said Millstone Road improvements program; - 15 - Millstone Road Decision No. 23-04 (f) Signs and landscaping to be installed as a part of the Project within the intersection sight triangle areas of the Project site driveway should be designed and maintained so as not to restrict lines of sight; (g) Snow accumulations (windrows) within the sight triangle areas of the Project site driveway will be promptly removed where such accumulations would impede sight lines. (h) Approval of the foregoing measures are granted by this Decision, provided however, the Applicant shall comply with technical requirements of the Town of Brewster DPW. Water, Wastewater Disposal, Stormwater Management, and Utilities 38. Utilities shall be installed underground by the Applicant using methods standard to those installations. Utilities shall be defined as electric service lines, telephone lines, water service lines, CATV lines, municipal conduit, stormwater management systems, and the like. 39. The water, wastewater, drainage, and stormwater management systems servicing the buildings shall be installed and tested in accordance with applicable Town of Brewster standard requirements and protocols, except as Waived by this Decision. 40. The Stormwater design shall function consistent with the Approved Plans, as revised, and the Applicant's Stormwater Analysis and Drainage Report. Specifically, without limitation, the Applicant shall comply with the construction period erosion and sedimentation controls set out in Section 5 of said Report, and Appendix G- the Operation and Maintenance Plan. 41. The Applicant shall comply with the following as to the wastewater system: (a) The Leach Facility shall be pressure dosed per Title 5 requirements for flows greater than 2000 gpd unless a state approved technology is used that eliminates the requirement for pressure dosing; (b) Installation of an I/A Technology under DEP General Approval; (c) Quarterly effluent sampling and field testing for pH, dissolved oxygen, turbidity, and color; (d) Quarterly effluent sampling for settleable solids and total nitrogen to be analyzed at a certified laboratory; (e) Annual measurements of depth ponding in the soil absorption system and thickness of scum layer in the septic tanks and other process tanks; (f) Preparation of annual summary reports to be submitted to the Brewster Board of Health and presented to same once per year by the system operator/consultant or more frequently as needed for noncompliance. (g) After the first year of system operation, the frequency of sampling can be reduced upon written request and approval by the Board of Health, or its designated agent, without the requirement for further review by the ZBA or modification to this Decision. Other Conditions 42. Upon submission of any documents or plans that must be submitted to the Board for administrative approval, the Board shall notify the Applicant in writing within thirty (30) days of submission either that such documents and/or plans have been approved by the Board or its designee, or that that they are not approved (with a statement of the specific reasons - 16 - Millstone Road Decision No. 23-04 why they are not approved). If the Board does not so notify the Applicant within said thirty (30) days, such documents and/or plans shall be deemed approved. 43. This decision will be deemed to be final upon the expiration of the appeal period with no appeal having been filed or upon the final judicial decision following the filing of any appeal, whichever is later. In accordance with 760 CMR 56.05(12)(c), this Comprehensive Permit shall expire three (3) years from the date that the permit becomes final, unless (i) prior to that time substantial use of the Comprehensive Permit has commenced or (ii) the time period is otherwise tolled in accordance with law. The Applicant may timely apply to the Board for extensions to the Comprehensive Permit as permitted by law. 44. This Comprehensive Permit prohibits the parking or storage of any unregistered vehicle on the Site, and likewise prohibits the service of any vehicles on the Site. 45. If any default, violation or breach of these conditions by the Applicant is not cured within thirty (30) days after notice thereof (or such longer period of time as is reasonably necessary to cure such a default so long as the Applicant is diligently and continuously prosecuting such a cure), then the Town may take one or more of the following steps: (a) by mandamus or other suit, action or other proceeding at law or in equity, require the Applicant to perform its obligations under these conditions; (b) have access to, and inspect, examine and make copies of all of the books and records of the Applicant pertaining to the Project; or (c) take such other action at law or in equity as may appear necessary or desirable to enforce these conditions. If the Town brings any claim to enforce these conditions, and the Town fmally prevails in such claim, the Applicant shall reimburse the Town for its reasonable attorneys' fees and expenses incurred in connection with such claim. CONCLUSION For all the reasons stated above and pursuant to the Board's authority found in G.L. c.40B, §§ 20-23, the comprehensive permit application from Preservation for Affordable Housing, Inc., and Housing Assistance Corporation for the residential Project at 0 Millstone Road, Brewster, Massachusetts is hereby APPROVED WITH CONDITIONS, along with Waivers substantially as requested. (Signature Page Follows) - 17 - Millstone Road Decision No. 23-04 SIGNATURES Approving ZBA Members: (?(11L1)‘-R5e5//' - 18 - Millstone Road Decision No. 23-04 NOTICE Appeals, if any, shall be made pursuant to Massachusetts General Laws, Chapter 40A, s. 17, and shall be filed within 20 days after the filing of the decision in the Office of the Town Clerk, Town Hall, 2198 Main Street, Brewster, Massachusetts 02631. CERTIFICATION The foregoing decision has hereby been filed with the Town Clerk of the Town of Brewster, Massachusetts on this 14th day of June, 2023. Colette Williams Town Clerk Brewster, Massachusetts I, Colette Williams, do hereby certify that twenty days have elapsed since the above -referenced decision of the Board of Appeals, which was filed in the office of the Town Clerk on June 14, 2023, and that no appeal has been filed with the Town Clerk. Qk1liitJJ3 WD Colette Williams Town Clerk Brewster, Massachusetts - 19 - Date Millstone Road Decision No. 23-04 EXHIBIT A The following are the civil engineering and architectural plans submitted to the Board; to the extent that certain plans were modified since submission to the Board, the latest date of such plans constitute the "Approved Plans" per Condition (General) 3: Civil Engineering Plans Wet -stamped plan set entitled, "0 Millstone Road Comprehensive Permit Set, Brewster, Massachusetts, December 20, 2022, Revised: May 2, 2023," prepared by Horsley Witten Group, Inc. for Preservation of Affordable Housing, Inc., consisting of the following sheets: Sheet List Table Sheet Number Sheet Title C-1 COVER C-2 GENERAL NOTES C-3 PROPERTY LINE PLAN C-4 EXISTING CONDITIONS C-5 DEMOLITION & EROSION CONTROL PLAN C-6 OVERALL SITE PLAN C-7 SITE PLAN (1) C-8 SITE PLAN (2) C-9 GRADING PLAN (1) C-10 GRADING PLAN (2) C-11 UTILITY PLAN (1) C-12 UTILITY PLAN (2) C-13 DETAILS (1) C-14 DETAILS (2) C-15 DETAILS (3) C-16 DETAILS (4) L-1 PLANTING PLAN (1) L-2 PLANTING PLAN (2) L-3 PLANTING DETAILS Architectural Plans Wet -stamped Floor Plans and Exterior Elevations Buildings 1 through 11, prepared by Union Studio for Preservation of Affordable Housing and Housing Assistance Corporation, 0 Millstone Road Comprehensive Permit, consisting of 11 sheets, dated 12/20/2023. - 20 - Millstone Road Decision No. 23-04 EXHIBIT B The following are Waivers approved by the Board, revised and supplemented through the review process, substantially as requested by the Applicant. Associated Board Findings accompany the Waivers, below. Brewster ZBA Comprehensive Permit Regulations The Board waives the following provisions of its Chapter 40B Regulations: • Section 3.01(k): The Subsidizing Agency will file a Project Notification Form with the Massachusetts Historical Commission ("MHC") in compliance with the state MHC regulations. • Section 3.01(1): The Project does not require review by the Natural Heritage and Endangered Species Program ("NHESP") because none of the Project locus falls within a Priority Habitat of Rare Species or an Estimated Habitat of Rare Wildlife. • Section 3.01(m): Financial information such as a pro forma is not applicable as it is in conflict with 760 CMR 56.05(6); a pro forma is more properly within DHCD's purview. • Section 3.01(0) and (q): Submission of an analysis of impacts on town services is not necessary. All town boards and staff have had an opportunity to comment on the Applicant's plans. Brewster Zoning Bylaw The Board grants the following waivers of Chapter 179 (Zoning) of the Code of the Town of Brewster: • Sections 179-10 and 179-11, Applicability of Use Regulations and Table 1 (Article IV, Use Regulations): The Applicant proposes eleven buildings for multifamily development. Strict compliance with the Zoning Bylaw would prohibit the proposed multifamily dwellings because they are not allowed in the R -L district. • Section 179-16, Table 2, Area Regulations, R -L zoning district, minimum side yard setback and footnote 1 (generally, only one principal structure shall be permitted on a lotl: Required Proposed Side Yard Setback 25 feet 17 feet The proposed project will consist of 10 residential buildings and a one community building to be permitted under a Comprehensive Permit. The proposed (south) side yard setback abuts undevelopable open space for the neighboring cluster subdivision development. • Section 179-16, Table 3, Height and Bulk Regulations. 30' maximum height limit in the R -L district. Ten of the eleven proposed buildings will exceed 30' in height, including the tallest "Building C" which is to be constructed with a maximum height of approximately 36 feet. This height is necessary, among other things, to reduce the development footprint of the Project and to allow the proposed elevator in Building C. • Section 179-23, Off -Street Parking and Loading. Some of the proposed parking spaces are to be 9' by 19' and the drive aisle width is 22', both as shown on the Approved Plans, - 21 - Millstone Road Decision No. 23-04 where the required parking space dimension is 10' by 20' and drive aisle width is 24'. The reduction in parking space size and drive aisle width allows the total development footprint of the Project to be reduced. • Section 179-34. Multifamily Dwellings not a use permitted in the R -L district. The proposed multi -family development is permitted under a Comprehensive Permit. • Section 179-64, Site Plan Review applicability. As this is a Comprehensive Permit, all local approvals, including Site Plan Review, fall within the jurisdiction of the Zoning Board of Appeals. Brewster Board of Health Reuulations Water Quality Report Regulation (Effective January 15, 1988) The Board grants a waiver from the applicability of this Water Quality Report Regulation. The proposed wastewater system is designed and sited to comply with Title V requirements and Board of Health requirements. The Project Site is not in a well recharge area, not upgradient of a nitrogen sensitive tidal embayment, and not upgradient of any freshwater ponds. The Applicant prepared a nitrogen loading report and submitted it as part of its application. Site -wide nitrogen loading at 3.8 ppm is substantially lower than required under any federal, state or local standard. Design, Operation, and Maintenance of Small Wastewater Treatment Facilities (Effective March 15, 2007) The Board grants a waiver from the applicability of this regulation pertaining to the Design, Operation, and Maintenance of Small Wastewater Treatment Facilities. The proposed wastewater system design flow is less than 10,000 gpd and is not regulated under MassDEP groundwater discharge permit regulations. The proposed wastewater system is designed and sited to comply with Title 5 requirements and Board of Health requirements. The Project Site is not in a well recharge area, not upgradient of a nitrogen sensitive tidal embayment, and not upgradient of any freshwater ponds. Without limiting the Waiver, certain sections are described below: 1.00 Disposal Works Construction Permit. Applicant will apply for a Disposal Works Construction Permit under Massachusetts DEP Title 5 and the I/A Technology DEP General Use Approval. 4.00 SWWTF Financial Assurance Mechanism. The Applicant should not be required to establish and maintain a financial assurance mechanism to provide for repair and replacement of the septic system. 5.00 SWWTF Effluent Test Frequency Parameters and Limits. The I/A system is designed to meet an effluent Total Nitrogen concentration of 19 mg/L. Rather than monthly testing, Applicant agrees to quarterly effluent field testing of pH, dissolved oxygen, turbidity, total nitrogen and color and laboratory testing of settleable solids. Annual measurements of ponding depth in the soil absorption system and thickness of scum layer in the septic tanks and other process tanks will also be performed. 6.00 Groundwater Monitoring Installation. The Applicant should not be required to install groundwater monitoring wells. - 22 - Millstone Road Decision No. 23-04 7.00 Reporting of all SWWTFs and Wastewater Treatment Facilities that discharge over 10,000 gallons per day. Not applicable; however, the Applicant has agreed to file an annual report with the Board of Health concerning the operations of the septic system. 8.00 Variances. Not applicable; the Board of Appeals is the permit granting authority under M.G.L. c. 40B, §§20-23. 9.00 Enforcement. Not applicable for the reason stated above. The Board of Health retains enforcement authority under Massachusetts DEP Title 5; and the Applicant agrees that the Board of Health may enforce the modified effluent testing requirement under Section 5.00 that the Applicant has agreed to as described above. Town of Brewster General Bylaws Scenic Road Act and Public Shade Tree Act The Board grants a waiver from obtaining approval from the Planning Board of any tree cutting within the Millstone Road public right of way. - 23 - Communications Services Proposal PREPARED FOR THE TOWN OF BREWSTER About John Guilfoil Public Relations John Guilfoil Public Relations LLC is a full-service public relations and communications agency specializing in serving municipal governments, police and fire departments, and school districts. We provide content creation, social media management, press releases, media relations, branding, crisis management, training, web design, video production and other communications services to more than 300 government agencies, nonprofits, and small businesses in 11 states. JGPR works with dozens of communities, public safety agencies and school districts supporting their communications efforts. We have a proven track record of success. Company Principal John Guilfoil is a former Boston Globe reporter and former deputy press secretary to the late former Boston Mayor Thomas M. Menino. He is the 2015 and 2016 PR News National Public Affairs Professional of the Year, the 2016 National Crisis Manager of the Year, 2017 Runner Up for National Crisis Manager of the Year and 2018 Runner Up for National Government Communicator of the Year. JGPR was named the 2021 & 2020 Runner Up for the PR News National PR Team of the Year and 2022 Runner Up for Small PR Firm of the Year. John Guilfoil, Principal OurAward-WinningPR Team Benjamin Paulin Vice President Ben oversees the JGPR’s Canton office and manages the company’s clients in southern New England, including police departments, fire departments, school districts and municipal government agencies. As Vice President, Ben prides himself on meeting the needs of his smallest clients with the same passion and expertise as his largest accounts. Ben also serves as the Director of JGPR Academy. Leah Comins Account Executive Leah has worked with many of JGPR’s police clients on various projects, as well as deployed to multiple critical scenes to work with clients on communicating during incidents. She was appointed as JGPR’s continuity officer and created JGPR’s first Continuity of Operations Plan at the beginning of the COVID-19 pandemic. Taylor O'Neil Account Executive At JGPR, Taylor works with public safety, school, nonprofit and municipal clients to perform public relations, client relations and crisis communications services. She specializes in work for fire clients, and also serves as the company's Internal Communications Coordinator and Special Events Coordinator. Jordan Mayblum Director of Client Relations Jordan oversees a team of PR professionals that has won numerous awards on behalf of municipal clients. One of his primary responsibilities is supporting clients in crisis, as he did during the Merrimack Valley Gas Disaster and the COVID pandemic. ComprehensiveInformation Gathering Conduct in-depth audit of the town's communications procedures, roles, responsibilities, tools, and methods. Creation and implementation of a customized survey for residents, community members, and stakeholders. Analysis of audit and survey results, outlining core findings and providing recommendations for modifying policies, procedures, practices, etc. Analyze and provide feedback about the town's existing platforms and communications methods (i.e., social media, website, etc.) and personnel tasked with communications. Communications Planning JGPR will provide the town with recommendations to streamline its communications efforts, including recommending new policies or updates to policies, creation of new/updated processes, overview of communications tools, and outline of personnel duties. Based on information and data gathered, JGPR will develop a report that highlights positive work being done, areas for improvement, and our recommendations. We will then work with the town to create a Communications Plan that the town can utilize as a roadmap for future outreach efforts. Communications Audit,Survey, & Planning JGPR proposes a comprehensive audit of the town's current communications policies, practices, procedures, tools, and more to determine how it communicates today and how residents receive the town's news and information. In addition, we will conduct a community survey and to gauge how residents and community members prefer to consume and receive town news. JGPR will take the information gathered from the audit and survey and will create a comprehensive report and communications plan that will serve as a roadmap for the town's communications efforts going forward. Communications audit Community survey Report Development of comprehensive Communications Plan, outlining: Objectives Communications Channels Internal Communications External Communications Crisis Communications Staff Roles and Responsibilities Website Social Media Media Contact List Branding (Logo, fonts, etc.) Templates Review of existing policies, procedures, and communications platforms Comprehensive analysis of stakeholder feedback JGPR analysis of existing platforms and how they are utilized Recommendations regarding communications needs and gaps Includes: Pricing, Timing, and Expectations Pricing $9,500 one-time fee Pricing Price based on up to 75 hours of combined work for two JGPR employees. Any work done after the allotted amount of hours will be billed at a rate of $150 per hour, per employee. Client will be notified of any overages and additional billing. Client will be responsible for any additional expenses and fees incurred (i.e. travel expenses, printing of marketing collateral, postage for mailings, etc.). Responding to requests for information, documents, and updates. Providing subject matter that is key to the project. Providing feedback and input that is key to the project. Maintaining communication throughout the project. Having employees key to the project available to JGPR Staff. Timing & Expectations The estimated time-frame to complete this scope of work is approximately 4-5 months from the date of the signed contract. The Town of Brewster will be responsible for timely communication and participation as it pertains to this project, including, but not limited to: Terms & Conditions PAYMENTS. Fee. Payment is due 30 days from delivery of the invoice. All fees quoted include, and Provider shall pay, all sales, use, excise and other taxes that may be levied upon either party in connection with this Agreement, except for taxes based on Customer’s net income. Expenses. Customer shall reimburse Provider for all reasonable out-of-pocket expenses which have been approved in advance by Customer and which are incurred by Provider in the performance of services hereunder, within 30 days after Customer’s receipt of expense statements including appropriate receipts or other evidence of the expense. TERM AND TERMINATION. Term. The initial term of this Agreement shall be for a period of twenty-four (24) months (“Initial Term”). Thereafter, this Agreement shall automatically renew on an annual basis (“Renewal Term”) unless terminated by either party upon thirty (30) days written notice to the other party. Termination for Cause. Except as otherwise provided for herein, either party may terminate this Agreement upon the material breach of the other party, if such breach remains uncured for 60 days following written notice to the breaching party. PROVIDER WARRANTIES. Work Product Warranties. Provider warrants that any work product created pursuant to this Agreement shall not: (a) infringe on the Intellectual Property Rights of any third party or any rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) be obscene, child pornographic or indecent; and (e) contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. DISCLAIMER OF WARRANTIES. EXCEPT AS SET FORTH HEREIN, EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INDEMNITY. Mutual Indemnity. To the extent permitted by law, each of Provider and Customer shall indemnify the other for all losses, damages, liabilities, and all reasonable expenses and costs incurred arising from any third party claim, action, suit or proceeding alleging any breach of the covenants, warranties or obligations contained this Agreement, or arising from either party’s acts, omissions or misrepresentations under this Agreement. CONFIDENTIAL INFORMATION. Customer’s “Confidential Information” are any passwords used in connection with the Public Relations service, police reports, incident reports, social security numbers, dates of birth, and any other materials which Customer designates as confidential or which Provider should reasonably believe to be confidential. Provider understands and agrees that Customer does not want any other Confidential Information of Provider, and should the parties believe that additional confidential information of Provider needs to be disclosed to Customer, the parties shall execute a separate non- disclosure agreement regarding such information. Each party shall hold the other party’s Confidential Information in confidence and shall not disclose such Confidential Information to third parties nor use the other party’s Confidential Information for any purpose other than as necessary to perform under this Agreement. The foregoing restrictions on disclosure shall not apply to Confidential Information which is (a) already known by the recipient, (b) becomes, through no act or fault of the recipient, publicly known, (c) received by recipient from a third party without a restriction on disclosure or use, or (d) independently developed by recipient without reference to the other party’s Confidential Information. LIMITATIONS ON LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. GENERAL PROVISIONS. Governing Law. This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to principles of conflict of laws. Further Assurances. Provider shall cooperate with Customer, both during and after the term of this Agreement, in the procurement and maintenance of Customer’s rights to intellectual property created hereunder and to execute, when requested, any other documents deemed necessary or appropriate by Customer to carry out the purpose of this Agreement. Compliance With Laws. Provider shall ensure that its Website design and its web hosting services will comply with all applicable international, national and local laws and regulations. Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. Headings. Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement. Independent Contractors. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Notice. Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, 5 days after the date of mailing. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Entire Agreement. This Agreement, including the Exhibits attached hereto, sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. It may be changed only by a writing signed by both parties. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein. 1. i. ii. 2. i. ii. 3. i. 4. 5. i. 6. 7. 8. i. ii. iii. iv. v. vi. vii. viii. ix. Signed & Accepted Client Name Date JGPR Date 12TkI ANNUAL Brewster Conservation „ Day it. . 4. •. . . A free dnd fun event for the whole family JULY 40, 8 2023 �1 DRUMMER BOY PARk 9:30 TILL 1:30 40 exkibitors - puppet show - Trevor tke Juggler; passport same for kids learning arid fttr. ire tke sun. • • • 404, • • ->+s' 44 • Select Board Meeting 7.10.23 Consent Agenda Cover Page a.Meeting Minutes: June 5, 2023 Draft meeting minutes from the Select Board regular session meeting on June 5, 2023, have been submitted for approval. Administrative Recommendation: We recommend the Board approve the draft minutes. b.Appointments: Golf Commission, Council on Aging and Police Officer Joseph Paggi has submitted his application and followed the Select Board appointment policy for the vacant member position on the Golf Commission. The Select Board liaison and Chair of the Golf Commission has recommended his appointment. In the “For Your Information” section of the Select Board meeting on June 26, 2023, the application was provided. This is for a 3-year term ending June 30, 2026. The Council on Aging has one vacant position for a full-time member and two alternate positions. Following the Select Board appointment policy, Eva Orman, Jan Crocker, and Honey Pivirotto submitted their application and resumes for consideration. The Select Board liaison and Chair of the Council on Aging have recommended alternate appointments for Eva Orman and Jan Crocker for a 3-year term and the full-time member position to Honey Pivirotto for a 3-year term, all to end on June 30, 2026. Police Chief Eldredge is recommending Officer Jorel Radke for appointment as a Brewster Police Officer for an additional year, effective July 24, 2023- July 23, 2024. Administrative Recommendation: We recommend the Board approve the appointments. c.Re-Appointment Update for Water Quality Review Committee The original re-appointments presented on June 26, 2023, for the WQRC was set for a staggered 1-year term. In review of the bylaw, terms should be staggered with one-, two-, and three-year terms. The recommended re-appointments have been included in the packet. Additionally, the Board of Health has nominated John Keith to the committee. Administrative Recommendation: We recommend the Board approve the re-appointments. d.Application for Facility Use and Fee Waiver Request: Anglican Church of the Resurrection Father Kevin Ryan has requested the use of Breakwater Beach to hold Sunday Worship service from 7:15am until 8:15am. The request is to start in July and end on Sunday September 3, 2023. The request is also for the fee waiver for use of the beach in the Select Board Meeting 7.10.23 total amount of $500 (total of 10 days). This request was reviewed by Department heads who provided the following feedback/comments: Police Department: prior to the start of parking enforcement and not typically a busy time for the landing. There is no “reserving” of parking spots and are aware that vehicles will need a parking pass if they remain beyond the service. Fire Department: Requests no parking in fire lanes, parking lot lanes or beach entrance that will eliminate or reduce access for fire department vehicles. Town Administration: Any temporary signage must be applied for through the Building Department in advance. Administration approved the use of Breakwater Beach for Sunday July 2 and Sunday July 9 only but did not approve any fee waivers. Planning Department: No concerns Health Department: No concerns Building Department: No concerns Natural Resources: No concerns e.One Day Liquor License Applications: Chatham Bars Inn Farm Chatham Bars Inn Farm is requesting six One Day Liquor License for the following upcoming events: Public farm-to-table dinner on Wednesday August 2nd from 3pm until 9pm. They expect 150 guests and would like to serve beer, wine and liquor. Public farm-to-table dinner on Wednesday August 9th from 3pm until 9pm. They expect 150 guests and would like to serve beer, wine and liquor. Public farm-to-table dinner on Wednesday August 16th from 3pm until 9pm. They expect 150 guests and would like to serve beer, wine and liquor. Public farm-to-table dinner on Wednesday August 23rd from 3pm until 9pm. They expect 150 guests and would like to serve beer, wine and liquor. Farm Open House “ Tomato Fest” on Saturday August 26th from 9am – 8pm. They expect 150 at one time, but up to 600 people throughout the day and would like to serve beer, wine and liquor. Public farm-to-table dinner on Wednesday August 30th from 3pm until 9pm. They expect 150 guests and would like to serve beer, wine and liquor. The following comments have been provided by department heads who have viewed the applications, this feedback will be shared with the applicants and if applicable will be added to the one-day liquor license if approved as a condition: The Health Department has been in communication with all applicants for food safety and food protection for their events. The Fire Department notes that for the Chatham Bars Inn events that all roadways must remain unobstructed for emergency vehicle access. No parking within fire lanes, on interior roads, or around main buildings that will inhibit or delay the response of fire apparatus or EMS vehicles to an emergency incident. The Planning Department noted that CBI Farms has obtained its annual special event permit from the Zoning Board of Appeals. Select Board Meeting 7.10.23 The Police Department requested that a barrier or signage should clearly delineate where people are permitted to consume the alcohol served. Administration reminds the applicant that no more than 30 one day liquor licenses can be issued in a calendar year. Administrative Recommendation: We recommend that the Board approve these One Day Liquor License applications. f.Vote to Approve and Sign the Conservation Restriction for 0 Stony Brook Road Brewster Conservation Trust is requesting approval for a Conservation Restriction (CR) at 0 Stony Brook Road, a 4.7-acre parcel which has been reviewed and approved by State EEA officials. The parcel is proximate to land already conserved in perpetuity and is designated as “Priority Habitats of Rare and Endangered Species.” Orenda Wildlife Land Trust, Inc. will be granted the CR by the Compact of Cape Cod Conservation Trusts, Inc., Brewster Conservation Trust anticipates that in the future the Compact will transfer ownership to BCT to preserve the land in perpetuity. Administrative Recommendation: We recommend that the Board approve the Conservation Restriction. g.Request for Commercial Shellfish Permit The Natural Resources Department is requesting the Select Board’s approval to allow a Commercial Shellfish permit. While the period to issue Commercial Shellfish Permits ended on May 30, 2023, Tanner Cornell had contacted the Natural Resources Department before the deadline indicating that he was waiting for his MA Division of Marine Fisheries transaction card which is required for the permit. Natural Resources Administrative Recommendation: We recommend that the Board approve the issuance of the Commercial Shellfish Permit. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 6.05.2023 www.brewster-ma.gov Page 1 of 9 Office of: Select Board Town Manager MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: June 5, 2023 TIME: 5:30 PM PLACE: 2198 Main Street PARTICIPANTS: Selectperson Whitney, Selectperson Chatelain, Selectperson Bingham, Selectperson Chaffee, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Danielle Panzica and Jamie Valdez (owners of Kitchen Café), Christopher Senie, Andrea Wong, Jon Idman, Amanda Bebrin REMOTE PARTICIPANTS: Selectperson Hoffmann Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Peter Lombardi called the meeting to order at 5:30pm, read the meeting participation and recording statement and declared a quorum. Executive Session Selectperson Chaffee moved to enter into executive session. Selectperson Bingham second. To discuss strategy with respect to collective bargaining if an open meeting may have a detrimental effect on the bargaining position of the public body and the chair so declares (Fire Union). A roll call vote was taken. Selectperson Whitney-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann-yes. The Board vote was 5-Yes, 0-No. The Select Board returned to Regular Session at 6:05pm. Public Announcements and Comment Laurel Labdon, 62 Whiffletree Ave., congratulated Ned Chatelain on a successful campaign and expressed her satisfaction with the election and the recount. Select Board Reorganization Selectperson Whitney nominated Ned Chatelain as Chair, Mary Chaffee as Vice Chair and Kari Hoffmann as Clerk. Selectperson Bingham second. Mr. Lombardi asked the three members if they accept the nomination, all responded yes. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann-yes. The Board vote was 5- Yes, 0-No. Mr. Lombardi turned the meeting over to Chair Chatelain. Select Board Appointments to Bay Property Planning Committee and/or Pond Property Planning Committee Chair Chatelain noted that the charges for both of these committees require a Select Board representative, whoever they cannot be the Chair of the Select Board. Selectperson Chaffee nominated Dave Whitney as Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 6.05.2023 www.brewster-ma.gov Page 2 of 9 Office of: Select Board Town Manager representative to the Bay Property Planning Committee. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. Select Board Announcements and Liaison Reports Selectperson Bingham shared that she attended a meeting hosted by the Council on Aging at the Crosby Mansion regarding Social Security and it was incredibly well done. Town Manager’s Report Mr. Lombardi shared the following: The Town and Brewster Ponds Coalition are co-hosting the Annual Ponds Summit on Friday June 16, from 9am – 12pm at the Brewster Baptist Church. More information can be found on the Town website and Brewster Ponds Coalition website. The focus will be on septic systems and impacts on our ponds. The Town’s Finance Team led a year end training session for Town staff, this an example of the great work the staff does to support each other to provide a high level of service to our residents. The State has an assistance program for low-income residents to help pay for portions of their water bills, for at least $200/year in funding as a direct subsidy, to help reduce the water bills. This will help our residents in needs in providing financial assistance, the program is confidential. Consent Agenda a.Meeting Minutes: May 22, 2023 b.Appointment: Fran Schofield (Vision Planning Committee) c.Facility Use Application and Fee Waiver Request: Cape Cod Regional Technical High School d.One Day Liquor License Applications: Brewster Chamber of Commerce and Chatham Bars Inn Farm e.Yard Sale Restriction Waiver Request: Trinity Lutheran Church f.Fee Waiver Request of Building Permit Fees: Garden Club of Brewster g.Vote to Keep Commercial Razor Clam Fishery Closed for 2023 Season h.Vote to Amend Historical Commission Charge to Allow One Part-time Resident Member i.Sign Notice of Lease for Lot 4, Brewster Industrial Park, also know as 52 Commerce Park Road, Bretten Johnson Selectperson Hoffmann moved to approve the Consent Agenda for June 5, 2023, as recommended in the packet. Selectperson Chaffe second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. Discuss and Vote on Intermunicipal Agreement with Truro for Net Metering Credits Mr. Lombardi noted that in working with Town Counsel the terms of the agreement have been finalized, adding that there is nothing substantively different from previous drafts. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 6.05.2023 www.brewster-ma.gov Page 3 of 9 Office of: Select Board Town Manager Selectperson Chaffee moved to approve and sign the Intermunicipal Agreement with Truro. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. Seeking Residents to Serve as Liaison to Barnstable County Human Rights Advisory Commission Mr. Lombardi shared that this Commission has been in place for several years and the Town has two residents who serve in a formal capacity on the commission. The Commission has completed outreach to all Cape Communities regarding their interest in having Towns formally appoint liaisons to serve on the Commission. The liaison helps to make sure the connection between the work of the Commission and the activities of the Town are strengthened. This liaison position is consistent with discussion in taking steps forward in terms of Diversity, Equity and Inclusion, and another opportunity for a resident to represent the Town. Information will be posted on the Town website as a vacancy, interested residents can submit their application. Current residents who serve on the Commission will be available to speak with interested residents to learn more. FYIs Mr. Lombardi noted the initiative from the Cape Cod Chamber of Commerce in creating a tourism destination marketing district, there will be more to come in future months. 6:30pm Public Hearing- Annual Entertainment License Application: JDT Investments LLC d/b/a the Kitchen Café Selectperson Hoffmann moved to open the public hearing for the Annual Entertainment License application for JDT Investments LLC, d/b/a The Kitchen Café as noted in the advertisement. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. Danielle Panzica stated that based on the letters received, they are removing live music from their application. The request is for a Bluetooth speaker to be placed by the approved food trailer, in the indoor dining area and the attached patio. Ms. Panzica reviewed that they currently run a full-service restaurant, their trailers all have permits, and the food truck is not operating though it has been inspected by Board of Health. Adding that they have followed the rules and regulations that the Town has put forth for their business and there are no zoning violations for the Kitchen Café. Christopher Senie, attorney for Meredith Baier, expressed concerns of outdoor entertainment as outlined in the application, specifically on the patio. Appreciates that the Kitchen Café has removed live music portion, does not oppose reasonable indoor entertainment. Mr. Senie suggested the following conditions: 1.Hours of entertainment 1pm -9pm. 2.Entertainment only indoors, with doors/windows closed except when patrons come and go. 3.Reasonable entertainment, no bands. 4.Entertainment be conducted in such a way that is not plainly audible at 150ft. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 6.05.2023 www.brewster-ma.gov Page 4 of 9 Office of: Select Board Town Manager Andrea Wong, 124 Windsor Landing Road, is not interested in having outside music from 8am – 10pm that she can hear from her home. Believes this is unreasonable, agrees that this should be indoors and not outdoors, and the volume level is a concern. Selectperson Hoffmann summarized the written correspondence received from residents regarding the Annual Entertainment License application. Selectperson Hoffmann moved to close the public hearing. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. The Select Board will be acting on recorded music by a Bluetooth speaker both indoors and outdoors from 8am until 10pm. Clarification that the patio is outdoors, that has a canopy with side walls that remain open during nice weather. Jamie Valdez, owner of the Kitchen Café, noted that the speaker is lower than a vehicle driving by and provides background music for customers. The proposal is to have speakers in both the food trailer (when open) and in the patio (weather permitting) and inside the restaurant. The television would be just in the dining area. Mr. Valdez would like the ability to have acoustic music only indoors. Selectperson Whitney supports Bluetooth speakers inside and outside, with the 150ft (from the source) rule from 1pm - 9pm and to allow acoustic live music indoors only. Chair Chatelain added no amplified music indoors, acoustic music only. Selectperson Hoffmann moved to approve the Annual Entertainment License application, JDT Investments LLC, d/b/a The Kitchen Café with the following conditions: Indoor and outdoor entertainment through a Bluetooth speaker Not clearly audible from 150 feet from the speakers themselves Hours are 1pm – 9pm, seven days a week Permitting indoor, unamplified music, acoustic entertainment with doors and windows closed Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham- yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0- No. Report of the 2023 Beautify Brewster Day- Meg Morris, Recycling Commission and Ryan Burch, Natural Resources Department Ryan Burch provided history of the Beautify Brewster Day that started 12 years ago, the event brings awareness to the community about the amount and type of litter found in Brewster. Mr. Burch thanked the planning committee, local businesses for their generosity and donations and the volunteers in making each year a success. Meg Morris shared that each year the event keeps improving, data collection began about four years ago. This year the top five categories: cigarette butts, nips, beverage cans, plastic, and food wrappers were all up except food wrappers. Adding that the purpose is to help educate and be more aware of the litter in Town. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 6.05.2023 www.brewster-ma.gov Page 5 of 9 Office of: Select Board Town Manager Cape Cod Commission 2022 Year in Review Update- Kristy Senatori, Cape Cod Commission Executive Director Kristy Senatori noted the high-level priorities from the past year that will carry through to the next year: Water Quality: efforts have increased significantly across the Cape with significant progress in available funding and financing options. Last year, the Water Protection Fund awarded $28M in subsidies across the cape, to date the fund has distributed nearly $100M in Wastewater grants. Of the 890 lakes and ponds in the region, less than 10% are monitored consistently, more data collection is needed to help inform pond management and improvement strategies. Coastal Resiliency and Climate Change: continue to implement the Climate Action Plan and develop tools and resources that the 15 communities on Cape can use. The Commission initiated the Low- Lying roads project, potential strategies are in place and can begin to look for funding opportunities. The Commission developed model bylaws that address coastal resiliency, large scale solar projects, EV charging infrastructure, and comprehensive flood plain design guidelines. Housing: began work on a Regional Housing Strategy for Cape Cod, will address housing supply, affordability, and availability. By identifying areas that are appropriate for housing development and creating policies and strategies that are appropriate to the Cape. Selectperson Chaffee noted how important the Cape Cod Commission is in protecting Cape Cod and guiding growth. Ms. Senatori responded that the Commission has often had to adjust and modify based on the challenges and have has to be opportunistic in facing these challenges. The Commission looks at the environment and the economy collaboratively and tries to keep them in balance. Having a planning agency helps to look more comprehensively on how to operate as an entire region. Letter of Opposition to Proposed Eversource 2023-2027 Vegetation Management Plan Chair Chatelain shared that we have not received the information to act on this agenda item this evening. Letter of Opposition to Proposed Discharge of Radioactive Waste from Pilgrim Power Plant Mr. Lombardi noted that the Association to Preserve Cape Cod (APCC) had shared correspondence asking Towns to sign a draft letter to express Brewster’s support for the research and general legal analysis and position that the APCC has taken in terms of Holtec’s proposed potential discharge wastewater through the decommissioning of the power plant. Selectperson Chaffee moved to authorize the Select Board Chair to sign the letter of opposition to the proposed discharge of radioactive waste from Pilgrim Power Plant. Selectperson Whitney second. Selectperson Hoffmann noted that the agenda item does not state a vote would be taken. This item will be placed on the next Select Board meeting for vote. Letter of Opposition to Proposed Joint Base Cape Cod Shooting Range Selectperson Chaffee provided additional information to our residents, noting that the Massachusetts National Guard has proposed building a machine gun range on Joint Base Cape Cod. Even though it is more than 30 miles this has significant implications for our community. Selectperson Chaffee shared the draft Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 6.05.2023 www.brewster-ma.gov Page 6 of 9 Office of: Select Board Town Manager report from the US Environmental Protection Agency (EPA) of the potential implications of the construction of the machine gun range, including containment of drinking water on the Cape. It is important to provide input to the EPA until June 26, comments can be sent to: r1ssacomments@epa.gov. Chair Chatelain noted that the Board voted at the last meeting to send the letter. Information from Planning Board Regarding Potential Updates to the Accessory Dwelling Unit Bylaw Town Planner, Jon Idman introduced the topic noting that the Planning Board voted on their desired intent to move forward with a reinvestigation of the Accessory Dwelling Unit (ADU) Bylaw provision of the zoning bylaw. Based on the observations and some potential amendments to the Accessory Dwelling Unit provisions. The Planning Board will continue to review this topic at their meetings and will commence the activity of the re-investigation of the ADU provisions at their meeting on June 14, 2023. The Board will look to Fall Town Meeting to present their findings. Amanda Bebrin, Chair of the Planning Board, referenced the memo in the packet noting that the Planning Board intends to hear from the public on their experience in trying to create additional housing, making this a more user-friendly bylaw. Jon Idman defined what an Accessory Dwelling Unit is, adding that the Planning Board would like to clarify what is currently in the zoning bylaw. An ADU is not for short term rental purposes and aims to provide year-round housing opportunities while preserving the integrity of single-family residential districts within the Town. Ms. Bebrin added that reducing barriers to the ADU bylaw would not result in a construction free for all as current building and septic requirements will still be required. Ms. Bebrin shared that the Planning Board will be borrowing best practices from neighboring Towns ADU experience. Jillian Douglass, Pebble Path, commented in relation to the review of the ADU bylaw, Brewster was on the forefront of the original bylaw, and the Town was very conservative at the time. Adding that it is time for the Town to review what we have done in the past and encourages the Town to take a lot of public input. Brewster Housing Program & Affordable Housing Trust Update & Vote to Authorize Chair to Sign Letter of Support for CPC Buy Down Funding Application – Donna Kalinick & Jill Scalise, Housing Coordinator Ms. Kalinick stated that since May of 2022, when Town Meeting approved the transfer of 212 Yankee Drive to the Affordable Housing Trust (AHT), there has been work completed to rehabilitate the property as part of the subsidize housing inventory. The AHT has hired both The Resource Inc. and Housing Assistance Corporation to assist in the process. Ms. Kalinick thanked the Department of Public Works for their assistance throughout the rehabilitation process, as they have gone above and beyond with this property. Ms. Kalinick provided a timeline for the property and hopes to have it completed by December 2023. Ms. Scalise introduced the Affordable Homeowners Buy Down Program which provides funds to assist low to moderate incomes in purchasing affordable deed restricted homes. When needed, the resale price is reduced and the home becomes affordable to be purchased and a new universal deed rider is placed on the Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 6.05.2023 www.brewster-ma.gov Page 7 of 9 Office of: Select Board Town Manager property that ensures that the home will remain affordable in perpetuity. Over the past 16 years this program has expended $360K and assistant 12 households in purchasing affordable homes. The Housing Trust is seeking approval to apply for funding for a grant in the amount of $250K. The grant is due July 1st to the Community Preservation Committee. Ms. Scalise reviewed the Millstone Community Housing project which looks to build 45 units of rental housing on municipal land. If the comprehensive permit is approved, the Select Board would then be involved in requesting local preference from the State if desired. The housing program is looking to hold an information session this summer to provide background information on local preference before a decision is made. In March the Housing Trust voted to designate funds for a part-time (up to 19 hours) housing assistant to help implement the housing programs to start in FY24. There will be future discussions on initiatives looking at both year-round deed restrictions and a real estate transfer tax on high end transfers. The Trust would like to meet with Select Board over the summer, as these are policy decisions that have an impact beyond the housing program. Ms. Scalise provided additional updates regarding the Regional Community Block Grant for housing rehabilitation and childcare assistance and mentioned Habitat for Humanity is looking to build two homes on Phoebe Way. Selectperson Chaffee moved to authorize the Chair to sign the letter of support for the Buy Down Funding application. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. Discuss and Vote on Select Board Policy Updates (#2 and #45) Ms. Kalinick noted that along with the Licensing Board Rules and Regulations Policy, the Town has created new applications that are more thorough. Some of the licensing is outlined in State Law that give clear guidelines and others allow for more flexibility as the licensing authority. This policy covers annual, seasonal and one day liquor licenses, entertainment licenses (annual renewals and one day), common victualler, inn holder, lodging, hawker and peddler, Class II and livery, new and used car dealers and the Special Event license that is specific to Brewster. Ms. Kalinick noted that the goal is to have the applicant understand that the licenses are all handled through the same process. Selectperson Hoffmann recommended adding a revision date at the bottom of the applications. Selectperson Hoffmann moved to approve Select Board Policy #2 with the suggested revisions. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 6.05.2023 www.brewster-ma.gov Page 8 of 9 Office of: Select Board Town Manager Mr. Lombardi shared that a purpose statement was added to Select Board Policy #45 and some minor changes, with no significant policy changes, just clarifying language. Selectperson Hoffmann expressed her concerns with the current wording of the policy regarding a quorum in person, and read a statement on compassion and appreciation and allowing flexibility with our attendance. Selectperson Hoffmann moved to modify and edit the following to the proposed Select Board Policy. A.Purpose: #1. Include the Act extending the temporary provisions pertaining to the Open Meeting Law, #2. Instead of limiting it to the greatest extent practicable, also use wording of the extension of the temporary provisions to provide adequate and alternative access to remote meetings. B.Minimum Requirements for Remote Participation #2. “Ensuring that a quorum is physically present” change to present either remotely or in person. #3. The quorum of the public body does not necessarily need to be physically present. Selectperson Whitney second. Selectperson Chaffee commented on adding references to temporary policies as they will sunset, and reasons why she feels this policy does allow flexibility. Mr. Lombardi reviewed the participation policy from 2013 through 2020. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-no, Selectperson Chaffee-no, Selectperson Whitney-no, Chair Chatelain-no. The Board vote was 1-Yes, 4-No. Chair Chatelain recommended the following revision to Purpose statement #2, to state “The Town will strive to provide opportunities to the public for both in person and remote participation at board and committee meetings to the greatest extent practicable. To provide flexibility to board and committee members in accordance with the following policy.” Selectperson Chaffee moved to revise Purpose Statement 2 as outlined. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. There was discussion on the process to remove a member from a committee if they fail to meet the minimum requirements for in-person attendance. It was agreed that this would be added to the policy. Selectperson Hoffmann moved to adopt Policy #45 as revised with the additional of language from the Town Charter. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-no, Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 4-Yes, 1-No. Matters Not Reasonably Anticipated by the Chair None Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 6.05.2023 www.brewster-ma.gov Page 9 of 9 Office of: Select Board Town Manager Questions from the Media None Next Meetings June 26, July 10, July 24, August 7, and August 21, 2023 Adjournment Selectperson Hoffmann moved to adjourn at 9:10pm. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: __________________ Signed: _________________________________________ Date Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: Agenda, Town Manager’s Report, Consent Agenda items, Annual Entertainment License Application, 2023 Beautify Brewster Report, Cape Cod Commission 2022 Report, Letter of Oppositions, Barnstable County Human Rights Advisory Commission, Potential Updates to ADU Bylaw, Brewster Housing Program & Affordable Housing Trust, Intermunicipal Agreement, Select Board Policy Updates, FYIs. FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee’s needs. The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. Please complete this form online, or on paper, and submit a résumé if desired to Erika Mawn, Town Administrator’s Executive Assistant: o Email: EMawn@Brewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator’s Office or drop-box outside Town Hall. After your application materials are received, you’ll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: 2. Address: 3. Phone Numbers: Home: Cell: 4. Email: 5. This is an application for: Full member status Alternate status 6. Are you a full-time Brewster resident? Yes No 7. Years you’ve lived in Brewster: 8. Are you registered to vote in Brewster? Yes No 9. Committees you are interested in serving on in order of preference: a. b. c. NOTE: You may attach a résumé or CV instead of completing items 10-14. FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Date of Completion 11. OCCUPATION: ______________________________________________________ Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. Name of Employer Job Title Dates of Employment 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you’d like to serve on a particular committee. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes No 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) Yes No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): 20. ADDITIONAL INFORMATION. Please add any additional information you’d like. a. Name: Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you: FINAL Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree. My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: Massachusetts Conflict of Interest Law, MGL Ch. 268A; Massachusetts Financial Disclosure Law, MGL Ch. 268B; Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; Massachusetts Campaign Finance Law, MGL Ch. 55; and Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. When submitted, I understand that this form becomes a public document. Signature: Date: Eva M. Orman SUMMARY Advanced degrees in gerontology followed by a decade of hands-on experience leading the community Outreach and Volunteer Coordination functions at the Chatham, MA Council on Aging. Well-versed in best practices and protocols necessary to ensure high quality of life, both at the individual and program level. Have a demonstrated track record as a skilled senior-level manager, thought leader, team builder and innovator in crafting creative and practical solutions to the needs of Chatham’s oldest. Extensive experience in building and nurturing volunteer and philanthropic organizations and collaboration with town management and board members developing and implementing strategic plans. Known for: attention to detail; adherence to budgets; clear-headed and compelling communication. Overall, a compassionate champion of home and community-based aging services. EXPERIENCE Interim Director, Chatham Council on Aging Town of Chatham, MA November 2021 – October 2022 (1 year) Following the unexpected resignation of the COA Director, was appointed Interim Director by the Town Manager. Despite a nearly year-long staff deficit, demonstrated leadership and reassurance to the town’s older residents by successfully and seamlessly managing all aspects of the Chatham COA in a manner such that no significant programs, activities, or community services were eliminated or put on hold. Worked closely with the COA Boards to secure grant funding and execute renovation and upgrading of a new computer lab. Successfully managed a rebranding process which resulted in a COA name change to the “Chatham Center for Active Living”. Facilitated engagement and training of new full and part-time staff members. Prepared for and supervised the post-COVID reopening of the COA building to the public. Recognized for exemplary service by the Chatham COA Board of Directors with the following resolution on September 12, 2022: Whereas: Eva Orman has served as Interim Director of the Chatham Council on Aging since the resignation of Director Mandi Speakman; and Whereas: Eva has performed with excellence and dedication during this period; and Whereas Eva has had to contend with staff shortages, Covid restrictions and inadequate facilities; and Whereas: Eva has resolved problems with creativity and energy; Therefore, it is hereby resolved: That the Chatham Council on Aging Board of Trustees wishes to express its heartfelt thanks and appreciation to Eva Orman for her leadership, guidance, tireless service, and outstanding performance as Interim Director. Outreach Coordinator, Chatham Council on Aging August 2012 – October 2021 (9 years, 3 months) Gerontologist and Geriatric Care Manager working with older community members, ages 60-105, living independently in their homes. Providing advocacy, interventions and program administration to ensure a high quality of life. Innovator of programs such as “Pantry to People” and “Healthy Meals in Motion,” providing food delivery service through a partnership with the Family Pantry of Cape Cod. Advocate for, and represent, older women who are survivors of domestic abuse. Served as a community resource, securing financial literacy training and late-life financial support. Provided older adult crisis management, often partnering with the Chatham Police, to offer assessment and guidance and to ensure appropriate referrals, especially in matters of cognitive impairment. Adept at advising at-risk older adults and assisting them navigate through the Adult Protective Services network. A powerful, effective and influential advocate representing the oldest old in Chatham and Cape Cod. In response to an unmet need for coordinated response to adults in crisis, co-founded the Chatham Elder Working Group with leaders from Chatham Police & Fire Departments, Board of Health, and Chatham Housing Authority. Since its founding in 2015, this team has been highly effective and efficient in providing rapid response to the emergent needs of Chatham seniors and their families. At their request, along with other leaders of the Chatham team, presented an overview of the group’s inner workings, best practices and successful outcomes at the 2021 annual meeting of the Massachusetts Councils on Aging (MCOA). Volunteer Coordinator, Hospice & Palliative Care of Cape Cod 2004-2008 (5 years) Combining 20 years of retail management expertise and volunteer training, developed a retail enterprise that complemented the hospice agency mission, delivered incremental revenue and expanded the donor base. Regional Volunteer & Site Director, Pan-Mass Challenge 1983-2003 (21 years) Created a lasting foundation and infrastructure, as well as community relationships throughout Cape Cod, on behalf of the PMC to ensure a safe, successful conclusion for the charity cycling event. The groundwork laid through my innovation and vision remains in place today, allowing for continuing event success. EDUCATION University of Florida, College of Public Health and Health Professions Graduate Certificate, Geriatric Care Management, Gerontology University of Massachusetts, Boston Master of Science/Summa Cum Laude, Gerontology, McCormack Graduate School University of Massachusetts, Boston Bachelor of Arts/Summa Cum Laude, Public and Community Service Cape Cod Community College Associate of Science, Web/Multimedia Management and Webmaster LICENSES AND CERTIFICATIONS Massachusetts Behavior Health Certificate Program, Boston University Center for Aging and Disability Education and Research (CADER) Person Center Case Management Certificate, Boston University Center for Aging and Disability Education and Research (CADER) FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: VIA EMAIL: EMawn@Brewster-MA.gov May L9,2023 Ms. Ericka Mawn Administrative Assistant to the serect Board and Town Manager Town of Brewster 2198 Main Street Brewster, MA 02631 Re: Revised Poge 7 of Appendix B on Application for Board Member on council on Aging Dear Ms. Mawn: Please consider this my revised Letter of Interest accompanying the required sELEcT BoARD COMMITTEE APPOINTMENT APPLICATION form enclosed for the newly VACATED full member status board member position to the Council on Aging. on May t, 2023, I submitted the full application plus my CV to be considered with my application for the newly created alternate status position. Subsequently, one of the members has resigned vacating a full-time member position on the CoA Board triggering my revised application. Kindly advise if there is any additional information I can provide and the status of my application. Again, I appreciate consideration of my application for a full member status position. rds Enclosures (1) llPag* PROFILE: I have lived in Brewster full time since June 2017 in a house we bought in 20L3. Brewster is dear to my heart as I visited my Uncle David Lamb on Great Fields Road in Brewster starting when I was g years old. I am retired and interested in limited volunteering. I offer more than 40 years of financial, operational and strategic management expertise in both the public and private sectors as an employee and a consultant. I have also served in a number of volunteer roles including the Finance Committee and the Planning & Zoning Committee in oro Valley, AZ where I lived for 2Lyears plus a grant reviewer for the Southern Arizona Foundation. Since moving to Cape Cod, I have participated with the League of Women Voters on Cape Cod' Health Committee, and volunteered with the town of Brewster as Chair of the Audit Committee and a member of the Finance Committee. SELECTF.D HIGHLIGHTS FROM CONSULTING BUSINESS: o -[echnical partner on team established by national firn'r to develop successful proposal to administer 5700 million in Medicaid funds assuring delivery of integrated health care :;ervices to individuals with behavioral health conditions and special strategies for iindividuals in justice sYstems. o ldentification of strategies to reduce risk and unnecessary costs in correctional settings through leveraging HITECH and Affordable Care Acts' o Development of strategies to maximize reimbursement to hospitals, skilled nursing facilities, home health agencies and physician offices' o Appointed as the Receiver by the CT Superior Court with responsibility for skilled nursing facilities, adoption agencies and other regulated entities requiring immediate stabilizing of business and operations with transition the organization to another owner or to closure. o Technical expert for Receiver appointed by Federal Bankruptcy court with responsibility for preservation of assets over a three year period of litigation involving secured creditors. o Lead for a team of attorneys, CpAs and other specialists completing feasibility studies, regulatory appeals and due diligence reviews for acquisitions of health care businesses. o Expert financial witness in rate setting litigation for health care providers' o Development of strategies to effectively address multi-faceted business and operational issues triggering regulatory intervention with the operation of health care providers' o partnered with major national accounting and consulting firm to develop prospective payment statute and regulatory framework for Advisory Group appointed by the Governor of the State of Connecticut. o Senior team participant representing the finance operation in the customization and implementation of software for a 450 bed teaching hospital with a history of unsuccessfu I conversions. 2lFage PROFESSIONAL EMPLOYMENT H ISTORY: Septem,ber 1999 - November 2013 (14 years 3 months) Pima County, Arizona Assistont County Administrator - focus Health Policy and Operations including hospital, skilled nursing facility, home heolth ogency and health operations in odult and juvenile detention facilitie:; Director, Commission on Hospitals ond Heolth Care, State of Connecticut - L984 to L986 Served os Administrator of quasi-judicial agency with three Commissioners appointed by the Governor of Con necticut o In consultation with the Assistant Attorney Generals assigned to provide legal advice to this agency, directed the work of more than 60 financial analysts and health planners in their review, analysis and final decisions post formal hearings to be issued by this regulatory body. o Filings included operating and capital budgets totaling several billion dollars, related compliance documents and hundreds of millions of Certificates of Need for capital projects, medical equipment and service changes for acute care general hospitals, :skilled nursing facilities, home health agencies and physicians. o :served as preceptor for interns from University of Connecticut and Yale School of Public Health on the analytical processes and legal proceedings including preparation of court dockets and testified in cases on which disputes were filed with Connecticut Superior Court. Admini:;trative and Finonciol Monogement Positions at four community non-profit hospitols from 19t76 to L984 when recruited to direct operations of the stote regulotory agency o Internal Auditor and Financial Analyst - New Britain General Hospital o Director of Budget and Reimbursement and Traveling Chief Financial Officer - Mt. Sinai Hospital as well as World War ll Veterans Memorial Hospital in Meriden o Chief Financial Officer and Assistant Administrator - Johnson Memorial Hospital Cost Accounting Manager ond various financial positions for Roytype Division of Litton lndustri'es in Hartford, CT from L970 to 1976 when recruited by New Britain General Hospital FORMATL EDUCATION: University of Hartford I97!to 1986, BS in Accounting; MBA in Finance 3lFagg* SAMPLING OF VOLUNTEER ACTIVITIES: o ELDER Alliance - coalition facilitated by United Way of Southern Arizona - current o Community Foundation of Southern Arizona - End of Life Grants - current o Healthcare Financial Management Association member 1976, Board member 1984 o Treasurer and President of CT Chapter 1990 - 92 and founder of Scholarship fund o Parents Anonymous - Connecticut, Treasurer - 1984 - 1988 HONOFIS, AWARDS AND RECOGNITIONS: Speciol Recognition from Pimo County Sheriffs Department, December 2073 o Recognition for work on linkage of electronic health record used for treatment of individuals in county jail with statewide health inforrnation exchange initiative with bi- directional connectivity to reduce risk and unnecessary costs of treating individuals at the 2400 bed jail. Award;for sustoined commitment to Health lnformation Exchange issued by Southern Arizono Heolth lnformotion Exchonge, April 2017 o Recognition for years of support and advocacy for development of a statewide health information exchange that included traditional health care providers such as hospitals, physicians, and clinics but also recognized the silos of health care providers in county jails, juvenile detention centers, state prisons and public health centers Certificote of Appreciotion for role in statewide HIE development owarded by Arizono Heolth Care Cctst Containment System (AHCCCS) - State Medicaid Program, 2070 o Recognition for playing an instrumental role in the creation, implementation, and ongoing leadership of Arizona's first statewide health information exchange Recognition from Oro Volley for Service on Plonning & Zoning Committee from 2006 to 2008 Recognition from Oro Valley for Service on Budget & Bond Committee including Chair 2003 to 2005 Commctn Ground Award in 2005 o Recognition for extensive work on Community Dialogue on Kino Community Hospital resulting from extensive community interaction and $trategic discussions and research beginning with my work as Hospital Administrator in 1999 and continuing through a successful transition of hospital operations to the physician faculty of the University of Arizona, College of Medicine in June 2004 4lPaSl* Cefl: , Email: Recognition for Crisis lntervention Project Porticipation from Health Sciences, 2003 o Participation in a community wide discussion of the specialized training for a wide variety of individuals i Awards including a Follmer bronze award in 1990; a Muncie Gold Award in 1995. Dedicated Service Award from Healthcore Finoncial o Recognition of work since 1976 with multiple hospi 02631 ty of Arizona, Behovioral nce of crisis teams and Heolthcare Finoncial silver award in 1992 and a Association, L998 systems experiencing distress and rsight of budgets, rates and uding police officers on the management of responses to an individual in crisis in the community Stote Founder's Awards - Muncie Gold, Silver and Bronze M a n age m e nt Associ ati on o Achievement within the healthcare management recognized with three Founder's with the State regulatory quasi- judicial agency with Certificates of Need 5lPage Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS:. Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee's needs.. The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board.. Please complete this form online, or on paper, and submit a r6sum6 if desired to Erika Mawn, Town Administrator's Executive Assistant: o Email: E@o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631 , oro ln person: Town Administrator's Office or drop-box outside Town Hall.. After your application materials are received, you'll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: lHoney pivirotto L_ . __. 3. Phone Numbers: Home: 4. Emair: -i.-l .. r 5. This is an applicaligdoe:f1 nrtt member status [x-lAlternate status(o rl'ts\oD--- / \ ryr+i"S-r. Are you a full-time Brewiter resident? 8l ves f] ruo 7. Years you've lived in Brewster: 16 part [---l.",,' lszo_+o+tlt s I 2. .__l 8. Are you registered to vote in Brewster? f Ves [---l No 9. Committees are interested on in order of eference: d h c NOTE: You may attach a r6sum6 or CV instead of completing items 10-14. and date of com n Name of School Degree/Diplomas Certificates Date of Completion Univ. of Hartford BS Accounting; MBA Finanace 1 986 i:ii.iAi- l!*ir;i:l *ci Ai,r*i li'r*iit?. vitr:r r;ii:i; tjr;:,. Jrl 10.EDUCATION. List schools attended, degrees/diplomas/certificates received, 11. OCCUPATION: n Retired [ ruot currently working l2.EMPLOYMENT EXPERIENCE. List employers, job titles and dates of ent for at least previous 3 l3.GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed now hold or have held. [_f nctive a a a a I4.COMMUNlTY ACTIVITIES. List all civic, non'profit, you belong to or have belonged to in the previous or other organizations that 5 years: nizations and dates: eague of Women Voters Cape Cod chapter - 5 years - Health Committee - articipated in forum design and production on Common Start legislation re re legislation in 2022 and Preventing Youth Suicide - with 3 local youth as tured presenters 3128123 CV/resume enclosed Name of Employer see CV/Resume enclosed Committee Chair for duration of me to Vision/LCP Committee for duration of a. 15.GOALS: Please e atn 'd like to serve a. Name:lharles Sumner Address: Phone: Email committee. 16.EXPERIENCE & SKTLLS: p interests you have that would assist you to serve effectively on thewish to serve on. skills, or committee 17.TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financlal consideration from the Town of Brewster? l_] ves U rvo 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interegt if you are appoinied?(Does not automatically disqualify but may need to be disclosed) [ yes E No 19. LOCAL REFERENCES: Please provide the names and contact information forreferences (Brewster residents preferred): Relationship to you:authoritv for FINCOM 20.ADDITIONAL INFORMAT|ON. please add anv addi information 'd like. reference attached CV anO have a strong interest in leveraging resources to optimize theurrg rrrteres{ In leveraglng resources to optimize the health and well being of the agingin Brewster including active participation in intergeneratlonal activities aswell as - volvement with planning and participating in community decisionq. I would like to use my <periences in Brewster and my professional as well as personal life to provide support to the new irector and COA board in whatever manner will be most helpful aE work is underway to complete theext five year plan for coA as well as to implement initiatives apprgved by the Selecf Board andown Manager's office. have worked in the health and human servic >r the last 40 years identifying best practices, key legisfative changes, regulatory liance issues and funding streams. I have had both professional and personal ience with the challenges individuals face with financial and service needs lding chronic disease management, end of life care and strategies for optimizing Ith and well being. Fil{&i- ii+I*i:i ilii .iir:i:i lji-:ili:"y. ,i+ir;*:r iii;i. :'ij 20. SIGNATURE. By signing below, you state that you understand and agree.. My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. . lf appointed to a position, I will be considered a Municipal Employee under MGL Ch. 2684 and will be subject to:. Massachusetts Conflict of Interest Law, MGL Ch. 2684;. Massachusetts Financial Disclosure Law, MGL Ch. 2688;. Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00;. Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00;. Massachusetts Campaign Finance Law, MGL Ch. 55; and. Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations.. lf appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. . When submitted, I understand that this form becomes a public document. Signature:May 1,2023 FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee’s needs. The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. Please complete this form online, or on paper, and submit a résumé if desired to Erika Mawn, Town Administrator’s Executive Assistant: o Email: EMawn@Brewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator’s Office or drop-box outside Town Hall. After your application materials are received, you’ll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: 2. Address: 3. Phone Numbers: Home: Cell: 4. Email: 5. This is an application for: Full member status Alternate status 6. Are you a full-time Brewster resident? Yes No 7. Years you’ve lived in Brewster: 8. Are you registered to vote in Brewster? Yes No 9. Committees you are interested in serving on in order of preference: a. b. c. NOTE: You may attach a résumé or CV instead of completing items 10-14. FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Date of Completion 11. OCCUPATION: ______________________________________________________ Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. Name of Employer Job Title Dates of Employment 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you’d like to serve on a particular committee. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes No 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) Yes No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): 20. ADDITIONAL INFORMATION. Please add any additional information you’d like. a. Name: Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you: FINAL Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree. My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: Massachusetts Conflict of Interest Law, MGL Ch. 268A; Massachusetts Financial Disclosure Law, MGL Ch. 268B; Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; Massachusetts Campaign Finance Law, MGL Ch. 55; and Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. When submitted, I understand that this form becomes a public document. Signature: Date: FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FROM THE DESK OF Joseph Paggi April 21, 2023 Erika Mawn Executive Assistant Town Manager/Select Board Office Town of Brewster 2198 Main St. Brewster, Ma 02631 Dear Ms Mawn Enclosed please find an Application to the Select Board for an appointment to fill the vacancy on the Golf Commission. Thanks for your prompt response to my initial correspondence. If I need to do anything else, please do not hesitate to contact me. Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: • Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee's needs. • The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. • Please complete this form online, or on paper, and submit a resume if desired to Erika Mawn, Town Administrator's Executive Assistant: o Email: EMawn A Brewster -MA. qov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator's Office or drop -box outside Town Hall. • After your application materials are received, you'll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: FJoseph Paggi 2. Address: 3. Phone Numbers: Home: 4. Email: Alternate status 5. This is an application for: X Full member status 6. Are you a full-time Brewster resident? X Yes 7. Years you've lived in Brewster: Cell: No 7 8. Are you registered to vote in Brewster? X Yes No 9. Committees you are interested in serving on in order of preference: a PoIf Commission b. c NOTE: You may attach a resume or CV instead of completing items 10-14. FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Date of Completion Manhattan College Bachelor of Civil Engineering May 1972 11. OCCUPATION: Active X Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of emolovment for at least previous 3 nears. Name of Employer Job Title Dates of Employment Paggi and Martin Engineers Partner 1978 - 2015 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. • hiA • • • 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you'd like to serve on a particular committee. have a passion for the game of Golf and the Captains Facility. I would like to lend Issistance to the Commssion to see that both the game and the Facility prosper in he future. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. n my Civil Engineering practice of some 35 years, I represented 3 municipalities as ny largest clients. In the process I worked very closely with the Towns various iepartments. My technical background, and knowledge of Town practices would allow ne to offer the Commission, and the Staff a unique perspective. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes X No 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) Yes X No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: John Roman Address: Phone: IMM Email Relationship to you: I,eighbor/friend b. Name: Pod Young ress:Ft resident Phone: Email: Relationship to you: vend 20.ADDITIONAL INFORMATION. Please add any additional information you'd like. I am a 8 year member of Captains, playing 100+ rounds per year. I understand the unique challenges the course has (non golf related) and feel I could offer assistance in meeting those challenges in an environmental and financially friendly way. FINAL Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree. • My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. • If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: • Massachusetts Conflict of Interest Law, MGL Ch. 268A; • Massachusetts Financial Disclosure Law, MGL Ch. 268B; • Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; • Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; • Massachusetts Campaign Finance Law, MGL Ch. 55; and • Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. • If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. • When submitted, I understand that this form becomes a public document. Signature: Date: April 21,2023 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Memo To: Brewster Select Board From: Erika Mawn, Executive Assistant Date: June 28, 2023 Re: Re-Appointments to the Water Quality Review Committee The Select Board approved re-appointments to various boards and committees at their meeting on June 26, 2023. The Water Quality Review Committee was listed as re-appointment for a 1- year staggered term. In reviewing the bylaw, the Committee is to be appointed by the Select Board to include seven members; one member each from the Select Board, Board of Health, Planning Board, Conservation Commission, and Water Commissions, the Brewster Building Commissioner, and the Brewster Health Agent. Members other than the Building Commissioner and the Health Agent shall be appointed for one-, two- and three- year terms and thereafter all members shall be appointed for three-year terms. In order for the terms to be staggered, the re-appointments are recommended as follows: Committee / Board Member Name Term Water Quality Review Committee Cynthia Baran (Water Commissioner) Bruce Evans (Conservation Commission) John Keith (Board of Health) Robert Michaels (Planning Board) Ned Chatelain (Select Board) F. Davis Walters (Building Commissioner) Amy Von Hone (Health Director) Charlotte Degen (Alternate Member) 1 year 1 year 2 years 2 years 3 years 3 years 3 years 1 year Office of: Select Board Town Manager APPLICATION FOR FACILITY USE BREWSTER BOARD OF SELECTMEN 2198 MAIN STREET, BREWSTER, MA 02631 All requests must be made at (east two (2) weeks in advance of the desired use date. For more information please call the Selectmen's Office at 896-3701. Completed forms may be dropped -off or mailed to the address above, or faxed back to 508-896-8089. ORGANIZATION OR GROUP: ArtitLaAl VRi1 OF -1-414 gLSt)i-ekt©AJ LOCAL SPONSORING ORGANIZATION:ll AREA OR FACILITIES NEEDED: %RfAK I4JA- -Eiz-- .f. DATE OR DATES REQUESTED: -7/ / 719 / 7f 1 7/23!7/36, g/h / f.JI3, S/2cpg/x7,1/3 TIME IN: IS TIME OUT: Ff. I5 (INCLUDING PREPARATION & DISMANTLING) PURPOSE OF FACILITY USE: WRS t { Stay nci NATURE OF ACTIVITY TO TAKE PLACE: WInz.stAip 5L2ViC& WILL ADMISSION FEE BE CHARGED? YES NO X. AMOUNT NON-PROFIT ORGANIZATION: YES,X NO IRS # TOTAL NUMBER OF PERSONS EXPECTED MAXIMUM PEOPLE EXPECTED AT ONE TIME: Rio ANY SPECIAL EQUIPMENT NEEDED?: "1a PERSON RESPONSIBLE FOR THE OBLIGATIONS OF THE GROUP WHO WILL PAY THE BILL - NAME: 1�2 KVi'..t Ky► i» MAILING ADDRESS: ?it), go< l7DH BReuosrF ! h'mA 42631 TELEPHONE NUMBER: I have read the regulations and understand them with the acknowledgement that any additional expenses incurred will be paid by my organization and that any violation may jeopardize continue use of the building. Signature: Telephone:_ Page 6 of 7 8/13/13 June 28, 2023 Erika Mawn Execufive Assistant Town Manager/Select Board Office 2198 Main Street Brewster MA 02631 Dear Erika, Please accept this as an addendum to our applicafion to use Breakwater Beach Sundays July 2 – September 3, 2023 from 7:15 – 8:15 am. As a small church we request a waiver of fees for the use of the beach on these days. Please let me know if there is anything else you need from the church to expedite this request. Best Regards, Kevin Rev. Dr. Kevin Ryan Archive d: Friday, July 7, 2023 4:53:14 PM From: Donna K alinick Se nt: Friday, June 30, 2023 1:02:43 PM To: Cc: Erika Mawn Subje ct: Breakwater Beach request Importance : Normal Se ns itivity: None Dear Father Ryan, your re que st to use Bre akwate r Be ach for summe r se rvi ce s wi l l be heard by the Sel e ct Board at the ir Jul y 10th me e ti ng. I can authorize use of the be ach for the 7/2 and 7/9 wi th the foll owi ng sti pulations: 1. 1. The re i s no “re se rvi ng” of parki ng spots and ve hi cles wil l ne e d a parki ng pass i f they remai n beyond the service, starti ng at 9am, the y are subject to parki ng fines without a permi t. 2. 2. I am not abl e to wai ve the fe e s that wil l be up to the Board. If the y do not waive the fees re troacti ve ly, you woul d be re sponsi bl e for $100 use fe e s ($50 pe r date ) f or 7/2 & 7/9 3. 3. If you pl an on havi ng any te mporary si gnage , you must apply to the Bui l di ng De pt. you may not have any te mporary signage wi thout havi ng done thi s step so no te mporary si gns f or 7/2 as I assume thi s step has not happened 4. 4. The re wi l l be addi ti onal comments f rom dept. he ads for your re vi ew at the 7/10 Sel e ct Board me e ti ng. Sincere ly, Donna Donna J. Kali nick Assi stant Town Manager Town of Brewste r 508-896-3701 X1100 Town Of fi ces are currentl y ope n Mon-Thursday, 8:30am to 4pm and Fri days by appoi ntme nt. For f urthe r de tai ls, pl e ase vi si t our websi te at www.bre wste r-ma.gov. Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Manager Application Fee: 535.00 APPLICATION FOR ONE -DAY LIQOUR LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review Submit to Town Manager's office or Licenses iii.brewster-ma.;!ov. Section 1: Applicant Information Applicant/Property Owner: C7avij Thut,[aV- GLQI Applicant's Address: 611 re rd Cha n. M/1 0)&5,5 Section 2: Event Information T e of Event: EA C F'a - t -o - 171,2 Location of Event: C[701 Fa vrn - 3031- m011, vz t Fait M-, M1 D a k) Date of Event & Proposed Times: n a, a oa 3 3- q m Type of Liquor to be served (beer, wine, both, etc.): r3ee�r, utr,ile. LA CI afr/Q- Number of attendees anticipated: i c -D Section 3: Server Information: Server name, address, and phone #: i6abe J1 CS -C/A -Flo 0 -MA h 24D3`I— KrtccAvt Vt. l W Q I Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes >6 No *Um), please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be paid directly to the Police Department. This ma% delay your application processing time. * Section 4: Additional Information: Will food be provided? I" / No , please col *.ct the Health Department for a Temporary Food Permit. Applicant Signature: Date: Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Manager Application Fee: $35.00 APPLICATION FOR ONE -DAY LIQOUR LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review. Submit to Town Manager's office or licenses :utbrewster-ma.t ay. Section 1: Applicant Information Applicant/Property Owner: CCaI Tn1,1avider Applicants Address: Q 11 (Sh Pia lifigynMA 0.2b33 Telephone # and Email Address: Section 2: Event Information Ty,. e of Event: Location of Event: col Farm- Q 4- Zvi - ?tQ w pie m it O -L ) Date of Event & Proposed Times: fiA' '1, aod3 31 prm Type of Liquor to be served (beer, wine, both, etc.): R'e-Wi WI rt-, L4 C Number of t too es anticipated: Section 3: Server Information: Server name, address and phone #: I WOW u 3 E) 4- 14161An Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes K- No *If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be paid directly to the Police Department. This may delay your application processing time. * Section 4: Additional Information: Will food be provided? / No , please coact the Health Department for a Temporary Food Permit. Applicant Signature: / i Date: Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Manager Application Fee: S35.00 APPLICATION FOR ONE -DAY LIQOUR LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review. Submit to Town Manager's office or licenses , brew ster-ma.gov. Section 1: Applicant Information Applicant/Property Owner: 010.141-1MAA-kW14M. Applicant's Address: R9 7 Lir Ka cinakKebotM/t 0c (a Telephone # and Email Address: Section 2: Event Information Type of Event: P14,0 -1,4C 3' ro f 1d' Ge KIACUMQ Location of Event: Cpl Fes- X031- M - rye AM- 0a-(03 Date of Event & Propos gTimes: /114qU t- Type of Li uor to be served be r .wine both, etc.): Number oi bdees anticipated: Section 3: Server Information: Server name, address, and phone #: a r,e r (e (SCA fro -v0 -R 3031- kv+-a i vl. t . F-r&,w r fq— AA t2 3/ Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes )G No *If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be paid directly to the Police Department. This may delay your application processing time. * Section 4: Additional Info mation: Will food be provided? j(e No , please co st the Health Department for a Temporary Food Permit. Applicant Signature: f %' Date: Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov r',luhl!b'�t Office of: Select Board Town Manager Application Fee: $35.00 APPLICATION FOR ONE -DAY LIQOUR LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review. Submit to Town Manager's office or licenses a brewster-ma.2ov. Section 1: Applicant Information Applicant/Property Owner: _TLVt1laht ,Cte r if A licant's Address: x:11 gisro Rd Chatviwn cilb n Telephone # and Email Address: grnulaviaer chafharnbrarCahh.G711 Section 2: Event Information Type of Event: Location of Event: CP I M — 3Q 4— rnai' (LO- Throwei MA- WO I Date of Event & Proposed Times: 61003 -'1 pi Type of'Liquor to be served (beer, wine, both, etc.): 1, ., of O.,4 --FL Number of attender. jcipated: Section 3: Server Information: Server name, address, and phone #: iceNoalf b031- VJaa,{ l -. Phu te4 M/ a�� 3� Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes )D No *If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be paid directly to the Police Department. This ma\ delay your application processing time. * Section 4: Additional Inf_ mation: Will food be provided? )e Nom, please co;*:ct the Health Department for a Temporary Food Permit. Applicant Signature: Date: '° ��roanoa►�co y. Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Manager Application Fee: $35.00 APPLICATION FOR ONE -DAY LIQOUR LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review Submit to Town Manager's office or licenses it brewster-ma. iov. Section 1: Applicant Information Applicant/Property Owner: Vidavidf•fe Applicant's Address: x-9"7 g1 -rd MA- 001033 Telephone # and Email Address: gtrutwavr ct� Glriat"ifut,vvt las'rO wvi - r,-vh Section 2: Event Information Type of Event: f O ,� °poi ij Uu Tmic D FQ - Location of Event: C44 F v n- )O34- acuri KaIi A4/1- 1001.(v I Date of Event & Proposed Times: A ?Oa3 Type 5 Li uor to be served (beer, wine, both, etc.): Number of nde s anticipates: U tat 1a -n-- ctprn overall- (oia Section 3: Server Information: Server name, address,,and phone #: 'woe fie csau izffro tt U Mit a.6 � 1 Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes , No *If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be I paid directly to the Police Department. This may delay your application processing time. * Section 4: Additional Information: Will food be provided? ji'e X- No , please copj tct the Health Department for a Temporary Food Permit. Applicant Signature:, Date: Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Manager Application Fee: $35.00 APPLICATION FOR ONE -DAY LIQOITR LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review. Submit to Town Manager's office or licenses,ti Brewster-ma.i!ov. Section 1: Applicant Information Applicant/Property Owner: itiu�.PAM.(l�t' Applicant's Address: 217 frurre D2&2 33 Telephone # and Email Address: crYlvLi IN VV`wl r akia-otK4nli v°'/ [ Section 2: Event Information Type, of Event: Location of Event: GPa7 fJ , - vt 0-. ! V+ Rol Date of Event & Proposed Times: 14 30, aoaz3 3 - 01 pm Type of Liquor to be served (b er, wine, both, etc.): ,(fir fA Number of jr. n. es anticipated: Section 3: Server Information: Server name addres and phone #: )0M— ,���,1_ 'g1,OW42- NlA- D.2kD Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes No *If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be paid directly to the Police Department. This may delay your application processinv time. * Section 4: Additional Info mation: Will food be provided? e Nom please co ct the Health Department for a Temporary Food Permit. Applicant Signature:/ j Date: Blue Arrows: Farm Truck arrives at 320pm with Cold Food. To the cooking tent (Red) Temperature logs are filled out before leaving hotel and when arriving at farm. Truck is unloaded with coolers and placed under counters that are shaded. Each cooler has an external thermometer. Green Rectangle: Is the Event Lawn. Guests arrive for Meal at 530pm. Yellow Circles: Are Handwashing Sinks with Hot water, one guest facing and one for kitchen team to wash hands. Red Rectangle: is Cooks tent with 2 stainless steel tables. Grey Rectangle: is used for Front of house team to bus tables and for dish team to pick up dirty plates. Purple Rectangles: two big John grills. White Star: is our Dishwashing room Dark Blue Triangle: Hot Box 23 June 2023 Ned Chatelain, Chair Select Board Town of Brewster 2198 Main Street Brewster, MA 02631 Dear Mr. Chatelain, On behalf of the Brewster Conservation Trust, we respectfully ask that the Brewster Select Board vote to approve the attached CR pursuant to M.G.L. 184, ss. 31-33. The CR has been previously reviewed and approved by the State EEA officials and following the Select Board's approval will be sent to the Secretary of the EEA for her signature. The Stony Brook Road conservation restriction is for a property at 0 Stony Brook Road in Brewster (Map 36, Parcel 31). This 4.7-acre area to be protected is proximate to land already conserved in perpetuity, including the Paine’s Creek Road Conservation Area, the Cape Cod Museum of Natural History Conservation Restricted property, the Smith Pond Conservation Area and the Dollar Pond Conservation Area. The property is designated as “Priority Habitats of Rare and Endangered Species” as well as Core Habitat for Rare Species and will preserve a freshwater marsh dominated by Decodon verticullatis, the sole host plant for egg-laying Water- willow Stem Borer moths. The conservation restriction further outlines the ecological values (e.g., wildlife habitat, water resource protection, biodiversity, potential trail connectivity, climate resiliency), prohibited and permitted acts and uses, public access, and legal description of the premises. Preserving this property will ensure the many conservation benefits as described in the document. In addition, it continues a legacy of conservation efforts started by the current owner’s mother, who along with her sisters donated the previously mentioned Smith Pond Conservation Area to BCT in 1988. A supplemental map has been attached to provide you with a wider look at the area. Upon final approval of the CR, Orenda Wildlife Land Trust, Inc. will be granted the CR by The Compact of Cape Cod Conservation Trusts, Inc. (Grantor). We anticipate in the future that The Compact will transfer ownership to BCT to preserve this land in perpetuity. Thank you in advance, and please let me know if you have any questions. Sincerely, Amy Henderson Executive Director 0 Stony Brook Road (36-31) Dollar Pond 0 Stony Brook Road Smith Pond Conserva�on Area Brewster Conserva�on Trust Town of Brewster DEP Wetlands Stony Brook Road CR, Brewster, MA 1 GRANTOR: The Compact of Cape Cod Conservation Trusts, Inc. GRANTEE: Orenda Wildlife Land Trust, Inc. ADDRESS OF PREMISES: Lot 6, 0 Stony Brook Road, Brewster, Massachusetts, 02631 FOR GRANTOR’S TITLE SEE: Barnstable Registry District of the Land Court, Document # noted on Certificate of Title # . GRANT OF CONSERVATION RESTRICTION I. STATEMENT OF GRANT THE COMPACT OF CAPE COD CONSERVATION TRUSTS, INC., a Massachusetts charitable corporation with an office address at 36 Red Top Road, Brewster, MA 02631 and a mailing address of P.O. Box 443, Barnstable, MA 02630, being the sole owner of the Premises as defined herein, for its successors and assigns (“Grantor”), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, grants, with QUITCLAIM COVENANTS, to ORENDA WILDLIFE LAND TRUST, INC., a Massachusetts charitable corporation with an office address at 4011 Main Street, Cummaquid MA 02637 and a mailing address of P.O. Box 669, West Barnstable, MA 02668, its permitted successors and assigns (“Grantee”), for nominal consideration, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, the following Conservation Restriction on land located in the Town of Brewster, Barnstable County, Commonwealth of Massachusetts containing the entirety of a 4.7-acre, more or less, parcel of land (“Premises”), which Premises is more particularly described in Exhibit A and shown in the attached reduced copy of a survey plan in Exhibit B, both of which are incorporated herein and attached hereto. II. PURPOSES: This Conservation Restriction is defined in and authorized by Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. The purposes of this Conservation Restriction (“Purposes”) are to ensure that the Premises will be maintained in perpetuity in its Stony Brook Road CR, Brewster, MA 2 natural, scenic, or open condition, and available for passive outdoor recreational use and to prevent any use or change that would materially impair the Conservation Values (as defined below). Conservation Partnership. The fee interest in the Premises was acquired utilizing, in part, assistance from the Conservation Partnership program which requires, pursuant to Section 2A of Chapter 286 of the Acts of 2014 and Section 2A of Chapter 102 of the Acts of 2021, the conveyance of this Conservation Restriction. (pending) Conservation Land Tax Credit. The fee interest in the Premises was acquired utilizing, in part, the Conversation Land Tax Credit Program CLTC#0528 pursuant to Section 6(p) of Chapter 62 and Section 38AA of Chapter 63 of the Massachusetts General Laws. The Conservation Values protected by this Conservation Restriction include the following: • Open Space. The Premises contributes to the protection of the scenic and natural character of Brewster and the protection of the Premises will enhance the open-space value of these and nearby lands. The Premises is proximate to land already conserved in perpetuity, including the 6-acre Paine’s Creek Road Conservation Area 160 feet to the west, and the ±65-acre Cape Cod Museum of Natural History Conservation Restricted property 270 feet to the west, as well as the 5-acre Smith Pond Conservation Area 240 feet to the east and the 12-acre Dollar Pond Conservation Area 330 feet to the east. • Soils and Soil Health. The Premises includes a majority of Prime 2 and 3 Forest Land as identified by the USDA Natural Resources Conservation Service. The protection of the Premises will promote healthy soils and healthy soils practices as such terms are defined in Chapter 358 of the Acts of 2020, which added definitions of these terms to Section 7A of Chapter 128 of the Massachusetts General Laws. • Wildlife Habitat. The Premises is designated by the MA Division of Fisheries and Wildlife acting by and through its Natural Heritage and Endangered Species Program (NHESP) as “Priority Habitats of Rare and Endangered Species”, the protection of which aligns with NHESP’s wildlife and habitat protection objectives. Protection of the Premises will preserve a freshwater marsh dominated by Decodon verticullatis, the sole host plant for egg-laying Water-willow Stem Borer moths, a State-Threatened species. • Public Access. Public access to the Premises will be allowed for passive outdoor recreation, education, and nature study. • Biodiversity. The Premises is designated as Core Habitat for Rare Species as defined by the Massachusetts Natural Heritage and Endangered Species Program. BioMap, published in 2010 and updated in 2022, which was designed to guide strategic biodiversity conservation in Massachusetts over the next decade by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native species and their habitats, exemplary natural communities, and a diversity of ecosystems. BioMap is also designed to include the habitats and species of conservation concern identified in the State Wildlife Action Plan. Stony Brook Road CR, Brewster, MA 3 • Water Quality. Protection of the forested landscape can help maintain water quality for public drinking water, and protection of wetland buffer vegetation can help maintain water quality within the watershed to Smith Pond and Stony Brook; • Wetlands. The freshwater marsh wetlands on the Premises provide valuable habitat for a diverse array of wildlife species as well as provide the many other public benefits of wetlands protection recognized by the Commonwealth of Massachusetts (Section 40 of Chapter 131 of the Massachusetts General Laws).Protection of the freshwater marsh will also preserve the population of Decodon verticullatis, • Climate Change Resiliency. The Premises is identified as an area of slightly above average Terrestrial Resilience according to The Nature Conservancy’s (TNC) Resilient Land Mapping Tool, including above average Landscape Diversity and average Local Connectedness. TNC’s Resilient Land Mapping Tool was developed in order to map ‘climate-resilient’ sites that are ‘more likely to sustain native plants, animals, and natural processes into the future.’ The protection of these climate resilient sites is an important step in both reducing human and ecosystem vulnerability to climate change and adapting to changing conditions • Consistency with Clearly Delineated Conservation Policys A. Consistency with Clearly Delineated Barnstable County Conservation Policy. Protection of the Premises will assist in achieving Barnstable County conservation goals. In July 1991, the Barnstable County Assembly of Delegates, pursuant to the Cape Cod Commission Act ( Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan ("RPP"), amended in 1996, 2002, 2009, 2012, 2018, and 2021 which provided, inter alia (references are to the 2018 RPP amended March 2021): o "To protect, preserve, or restore wildlife and plant habitat to maintain the region's natural diversity" (Wildlife and Plant Habitat Goal, p. 61); and "Maintain existing plant and wildlife populations and species diversity." o “To maintain a sustainable supply of high quality untreated drinking water and protect, preserve, or restore the ecological integrity of Cape Cod’s fresh and marine surface water resources.” (Natural Systems Goals, p.97), and “Protect and preserve groundwater quality.” “Protect, preserve and restore fresh water resources.” o “To protect, preserve, or restore the quality and natural values and functions of inland and coastal wetlands and their buffers.”(Wetland Resources Goals, p.61), and “Protect wetlands and their buffers from vegetation and grade changes” “Protect wetlands from changes in hydrology.” “Protect wetlands from stormwater discharges.” o "To conserve, preserve, or enhance a network of open space that contributes to the region's natural and community resources and systems" (Open Space Goal, p. 61); "Protect and preserve natural, cultural, and recreational resources;" Stony Brook Road CR, Brewster, MA 4 "Maintain or increase the connectivity of open space;" "Protect or provide open space appropriate to context." This Conservation Restriction will advance each of these objectives by protecting important wetland habitat and buffer that provides valuable habitat for a diverse array of wildlife species, protects the water quality of the freshwater wetlands and protects groundwater quality. The Open Space Goal will be served by expanding the existing protected open space. B. Consistency with Clearly Delineated Town of Brewster Conservation Policy. Protection of the Premises will further the Town of Brewster’s documented goals regarding conservation of land. The Town of Brewster updated its Open Space and Recreation Plan in 2021, identifying policies and actions to guide conservation efforts; including: o “Provide open space and recreation opportunities that maintain Brewster’s rural character and small coastal community identity and support a sustainable local economy as a center for ecotourism” (Goal 2, p. 124), further: “Acquire and preserve lands with significant scenic, historical, cultural and/or archeological value.”, “Acquire and protect upland wooded, open field, coastal, and wetland parcels that preserve and enhance community character.”, o “Preserve and enhance habitat diversity and protect marine and fresh water resources to maintain their important ecological function and values to the community.” (Goal 3, p.124), further: “Protect marine and freshwater resources from pollution and degradation”, “Protect open space for the purpose of preserving Brewster’s unique and fragile ecological habitats and augment the Town’s network of wildlife corridors.” Protecting the Premises from development supports the Town’s goals for maintaining open space, preserving the rural and scenic character of the area, and protecting habitat diversity and fresh surface waters. C. The Town of Brewster has adopted a Conservation Restriction Program (“CRP”), consisting of policies and guidelines approved by the Board of Selectmen, Assessors and Conservation Commission in 1989, to encourage the use of conservation restrictions as a means of “preserving open space, forest lands, and natural habitat of fish, wildlife or plants and providing scenic enjoyment, outdoor recreation and education of the public” in perpetuity. The Program further specified that purposes of a conservation restriction could include the following: o preserve important natural habitats; and, o limit or prevent construction on land of natural resource value. This Conservation Restriction therefore aligns well with the Town of Brewster’s Conservation Restriction Program. Stony Brook Road CR, Brewster, MA 5 • Consistency with Clearly Delineated Federal Conservation Policy. Protection of the Premises meets the definition of “Conservation Purposes” as defined in 26 CFR 1.170A- 14(d)(1), because its conservation would contribute to the preservation of open space located adjacent to several other parcels already conserved, including two owned by the Brewster Conservation Trust; and, • Historic and Archaeological Resources. Conservation and appropriate management of the Premises has an important public benefit by preserving historic and archeological resources within the Premises. The protection of the Premises preserves 181 feet of historic stone wall frontage on Stony Brook Road, a town Scenic Road in the Old Kings Highway Regional Historic District. Three cellar holes, lined roughly with foundation stones of dressed granite, sit at the southeast corner of the parcel near Stony Brook Road. These holes are considered to represent the former residence and “shoe shop” (blacksmith shop) of F. Winslow of the mid-1800s, as shown on the 1858 and 1880 County Atlas. Massachusetts Historical Commission believes the site likely to have high archeological sensitivity. III. PROHIBITED and PERMITTED ACTS AND USES A. Prohibited Acts and Uses The Grantor will not perform or allow others to perform the following acts and uses which are prohibited on, above, and below the Premises: 1. Structures and Improvements. Constructing, placing, or allowing to remain any temporary or permanent structure including without limitation any building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, graveled area, roads, sign, fence, gate, billboard or other advertising, antenna, utilities or other structures, utility pole, tower, wind turbine, solar panel, solar array, conduit, line, septic or wastewater disposal system, storage tank, or dam; 2. Extractive Activities/Uses. Mining, excavating, dredging, withdrawing, or removing soil, loam, peat, gravel, sand, rock, surface water, ground water, or other mineral substance or natural deposit, or otherwise altering the topography of the Premises; 3. Disposal/Storage. Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings, liquid or solid waste or other substance or material whatsoever; 4. Adverse Impacts to Vegetation. Cutting, removing, or destroying trees, shrubs, grasses or other vegetation; 5. Adverse Impacts to Water, Soil, and Other Features. Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, natural habitat, archaeological conservation, or ecosystem function; Stony Brook Road CR, Brewster, MA 6 6. Introduction of Invasive Species. Planting or introducing any species identified as invasive by the Massachusetts Invasive Plant Advisory Group or identified as invasive in such recognized inventories as the Massachusetts Introduced Pests Outreach Project, the Northeast Aquatic Nuisance Species Panel, or other such inventories, and any successor list as mutually agreed to by Grantor and Grantee; 7. Motor Vehicles. Using, parking, or storing motorized vehicles, including motorcycles, mopeds, all-terrain vehicles, off-highway vehicles, motorboats or other motorized watercraft, snowmobiles, launching or landing aircraft, or any other motorized vehicles, acknowledging that vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) may have a legal right to enter the Premises; 8. Subdivision. Subdividing or conveying a part or portion of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), it being the Grantor’s and Grantee’s intention to maintain the entire Premises under unified ownership; 9. Use of Premises for Developing Other Land. Using the Premises towards building or development requirements on this or any other parcel; 10. Adverse Impacts to Stone Walls, Boundary Markers. Disrupting, removing, or destroying stone walls, granite fence posts, or any other boundary markers; 11. Residential, Commercial, or Industrial Uses. Using the Premises for residential, commercial or industrial purposes; 12. Inconsistent Uses. Using the Premises for Purposes that would materially impair the Conservation Values. B. Permitted Acts and Uses Notwithstanding the Prohibited Acts and Uses described in Paragraph III.A, the Grantor may conduct or permit the following acts and uses on the Premises, provided they do not materially impair the Purposes and/or Conservation Values. In conducting any Permitted Act and Use, Grantor shall minimize impacts to the Conservation Values to ensure any such impairment thereto is not material. 1. Vegetation Management. Maintaining vegetation, including pruning, trimming, cutting, and mowing, and removing brush, all to prevent, control, and manage hazards, disease, insect or fire damage, and/or in order to maintain the condition of the Premises as documented in the Baseline Report (see Paragraph XV); 2. Non-native, Nuisance, or Invasive species. Removing non-native, nuisance, or invasive species, interplanting native species, and controlling species in a manner that minimizes damage to surrounding, non-target species and preserves water quality; Stony Brook Road CR, Brewster, MA 7 3. Composting. Stockpiling and composting stumps, trees, brush, limbs, and similar biodegradable materials originating on the Premises, provided that no stockpiling or composting shall take place within one-hundred (100) feet of a wetland; 4. Natural Habitat and Ecosystem Improvement. With prior written approval of the Grantee, conducting measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, ecosystem function, or rare or endangered species including planting native trees, shrubs, and other vegetation; 5. Archaeological Investigations. Conducting archaeological activities, including without limitation archaeological research, surveys, excavation and artifact retrieval, but only in accordance with an archaeological field investigation plan, which plan shall also address restoration following completion of the archaeological investigation, prepared by or on behalf of the Grantor and approved in advance of such activity, in writing, by the Massachusetts Historical Commission State Archaeologist (or appropriate successor official) and by the Grantee. A copy of the results of any such investigation on the Premises is to be provided to the Grantee; 6. Trails. Maintaining and constructing trails as follows: a. Trail Maintenance. Conducting routine maintenance of trails, which may include widening trail corridors up to three (3) feet in width overall, with a treadway up to five (5) feet in width. b. New Trails. With prior written approval of the Grantee, constructing new trails or relocating existing trails, provided that any construction or relocation results in trails that conform with the width limitations above. c. Trail Features. With prior written approval of the Grantee, constructing bog bridging, boardwalks, footbridges, railings, steps, culverts, benching, cribbing, contouring, or other such features, together with the use of motorized equipment to construct such features; 7. Signs. Constructing, installing, maintaining, and replacing signs and informational kiosks with respect to the Permitted Acts and Uses, the Purposes, the Conservation Values, trespass, public access, identity and address of the Grantor, sale of the Premises, the Grantee's interest in the Premises, boundary and trail markings, any gift, grant, or other applicable source of support for the conservation of the Premises; 8. Motorized Vehicles. Using motorized vehicles by persons with mobility impairments or as necessary for engaging in land management activities as permitted herein; 9. Outdoor Passive Recreational and Educational Activities. Hiking, cross-country skiing, snowshoeing, , nature observation, nature and educational walks and outings, outdoor educational activities, and other non-motorized outdoor recreational and educational activities; C. Site Restoration Stony Brook Road CR, Brewster, MA 8 Upon completion of any Permitted Acts and Uses, any disturbed areas shall be restored substantially to the conditions that existed prior to said activities, including with respect to soil material, grade, and vegetated ground cover. D. Compliance with Permits, Regulations, Laws The exercise of any Permitted Acts and Uses under Paragraph III.B shall be in compliance with all applicable federal, state and local laws, rules, regulations, zoning, and permits, and with the Constitution of the Commonwealth of Massachusetts. The inclusion of any Permitted Act or Use requiring a permit, license or other approval from a public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit, license, or other approval should be issued. E. Notice and Approval 1. Notifying Grantee. Whenever notice to or approval by Grantee is required, Grantor shall notify or request approval from Grantee, by a method requiring proof of receipt, in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question, unless a different time period is specified herein. The notice shall: a. Describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity; b. Describe how the proposed activity complies with the terms and conditions of this Conservation Restriction, and will not materially impair the Purposes and/or Conservation Values; c. Identify all permits, licenses, or approvals required for the proposed activity, and the status of any such permits, licenses, or approvals. d. Describe any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the Purposes and Conservation Values. 2. Grantee Review. Where Grantee’s approval is required, Grantee shall grant or withhold approval in writing within sixty (60) days of receipt of Grantor’s request. Grantee’s approval shall only be granted upon a showing that the proposed activity will minimize impacts to the Conservation Values and will not materially impair the Purposes and/or Conservation Values. Grantee may require Grantor to secure expert review and evaluation of a proposed activity by a mutually agreed upon party. 3. Resubmittal. Grantee’s failure to respond within sixty (60) days of receipt shall not constitute approval of the request. Grantor may subsequently submit the same or a similar request for approval. IV. INSPECTION AND ENFORCEMENT A. Entry onto the Premises Stony Brook Road CR, Brewster, MA 9 The Grantor hereby grants to the Grantee, and its duly authorized agents or representatives, the right to enter the Premises upon reasonable notice and at reasonable times, for the purpose of inspecting the Premises to determine compliance with or to enforce this Conservation Restriction. B. Legal and Injunctive Relief 1. Enforcement. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain compensatory relief, including without limitation, compensation for interim losses (i.e., ecological and public use service losses that occur from the date of the violation until the date of restoration) and equitable relief against any violations, including, without limitation, injunctive relief and relief requiring restoration of the Premises to its condition prior to the time of the injury (it being agreed that the Grantee will have no adequate remedy at law in case of an injunction). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. 2. Notice and Cure. In the event the Grantee determines that a violation of this Conservation Restriction has occurred and intends to exercise any of the rights described herein, the Grantee shall, before exercising any such rights, notify the Grantor in writing of the violation. The Grantor shall have thirty (30) days from receipt of the written notice to halt the violation and remedy any damage caused by it, after which time Grantee may take further action, including instituting legal proceedings and entering the Premises to take reasonable measures to remedy, abate or correct such violation, without further notice. Provided, however, that this requirement of deferment of action for thirty (30) days applies only if Grantor immediately ceases the violation and Grantee determines that there is no ongoing violation. In instances where a violation may also constitute a violation of local, state, or federal law, the Grantee may notify the proper authorities of such violation. 3. Reimbursement of Costs and Expenses of Enforcement. Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including counsel fees) incurred by the Grantee in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a survey by a Massachusetts licensed professional land surveyor and to have the boundaries permanently marked. C. Non-Waiver Enforcement of the terms of this Conservation Restriction shall be at the sole discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. Stony Brook Road CR, Brewster, MA 10 D. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. E. Acts Beyond the Grantor’s Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from natural causes beyond the Grantor’s control, including but not limited to fire, flood, weather, climate-related impacts, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Premises, if desirable and feasible. V. PUBLIC ACCESS Subject to the provisions of this Conservation Restriction, the Grantor hereby grants access to the Premises to the general public and agrees to take no action to prohibit or discourage access to and use of the Premises by the general public, but only for daytime use and only as described in Paragraph III.B.9 provided that such agreement by Grantor is subject to the Grantor’s reserved right to establish reasonable rules, regulations, and restrictions on such permitted recreational use by the general public for the protection of the Purposes and Conservation Values. Grantor has the right to control, limit, or prohibit by posting and other reasonable means activities or uses of the Premises not authorized in Paragraph III.B.9. The Grantee may require the Grantor to post the Premises against any use by the public that results in material impairment of the Conservation Values. This grant of public access to the Premises is solely for the purposes described in Section 17C of Chapter 21 of the Massachusetts General Laws and the Grantor and Grantee hereto express their intent to benefit from exculpation from liability to the extent provided in such section. VI. TERMINATION/RELEASE/EXTINGUISHMENT A. Procedure If circumstances arise in the future that render the Purposes impossible to accomplish, this Conservation Restriction can only be terminated, released, or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, or successor official (“Secretary”), and any other approvals as may be required by Section 32 of Chapter 184 of the Massachusetts General Laws. B. Grantor’s and Grantee’s Right to Recover Proceeds Stony Brook Road CR, Brewster, MA 11 If any change in conditions ever gives rise to termination, release, or extinguishment of this Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph VI.C, subject, however, to any applicable law which expressly provides for a different disposition of the proceeds, and after complying with the terms of any gift, grant, or funding requirements. The Grantee shall use its share of any proceeds in a manner consistent with the Purposes or the protection of the Conservation Values. C. Grantee’s Receipt of Property Right Grantor and Grantee agree that the conveyance of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Conservation Restriction, determined at the time of the conveyance, bears to the value of the unrestricted Premises. The proportionate value of the Grantee’s property right as of the Effective Date (see Paragraph XII) was determined to be ten percent (10%). Such proportionate value of the Grantee’s property right shall remain constant. D. Cooperation Regarding Public Action Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with Paragraph VI.B and Paragraph VI.C. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of any proceeds in a manner consistent with the Purposes or the protection of the Conservation Values. VII. DURATION and ASSIGNABILITY A. Running of the Burden The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. Execution of Instruments The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction. The Grantor, on behalf of itself and its successors and assigns, appoints the Grantee its attorney-in-fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor and its successors and assigns agree themselves to execute any such instruments upon request. C. Running of the Benefit Stony Brook Road CR, Brewster, MA 12 The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except when all of the following conditions are met: 1. the Grantee requires that the Purposes continue to be carried out; 2. the assignee is not an owner of the fee in the Premises; 3. the assignee, at the time of the assignment, qualifies under and 26.U.S.C. 170(h), and applicable regulations thereunder, if applicable, and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws; and 4. the assignment complies with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VIII. SUBSEQUENT TRANSFERS A. Procedure for Transfer The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the effective date of such transfer. Any transfers shall receive prior approval by Grantee to assure that the Premises is transferred to a qualified conservation organization. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. If the Grantor fails to reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, then the Grantee may record it in the Barnstable Registry District of the Land Court, and at the Grantor’s expense, a notice of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. B. Grantor’s Liability The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. IX. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall, within thirty (30) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor’s compliance or non-compliance with any obligation of the Grantor contained in this Conservation Restriction. X. NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee Stony Brook Road CR, Brewster, MA 13 agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction following the terms set forth in Paragraph VII.C to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non-fee owner. XI. AMENDMENT A. Limitations on Amendment Grantor and Grantee may amend this Conservation Restriction only to correct an error or oversight, clarify an ambiguity, maintain or enhance the overall protection of the Conservation Values, or add real property to the Premises, provided that no amendment shall: 1. affect this Conservation Restriction’s perpetual duration; 2. be inconsistent with or materially impair the Purposes; 3. affect the qualification of this Conservation Restriction as a “qualified conservation contribution” or “interest in land” under any applicable laws, including 26 U.S.C. Section 170(h), and related regulations; 4. affect the status of Grantee as a “qualified organization” or “eligible donee” under any applicable laws, including 26 U.S.C. Section 170(h) and related regulations, and Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws; or 5. create an impermissible private benefit or private inurement in violation of federal tax law, as determined by an appraisal, conducted by an appraiser selected by the Grantee, of the economic impact of the proposed amendment; or 6. alter or remove the provisions described in Paragraph VI (Termination /Release/Extinguishment); or 7. cause the provisions of this Paragraph XI to be less restrictive; or 8. cause the provisions described in Paragraph VII.C (Running of the Benefit) to be less restrictive B. Amendment Approvals and Recording No amendment shall be effective unless documented in a notarized writing executed by Grantee and Grantor, approved by the Town of Brewster and by the Secretary in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, and recorded in the Barnstable Registry District of the Land Court. XII. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it has been recorded in the Barnstable Registry District of the Land Court. XIII. NOTICES Stony Brook Road CR, Brewster, MA 14 Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre-paid, addressed as follows: To Grantor: The Compact of Cape Cod Conservation Trusts, Inc. P.O Box 443 Barnstable, MA 02630 To Grantee: Orenda Wildlife Land Trust, Inc. P.O. Box 669, West Barnstable, MA 02668 or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties. XIV. GENERAL PROVISIONS A. Controlling Law The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in order to effect the Purposes and the policy and purposes of Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the Purposes that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Restriction shall not be affected thereby. D. Entire Agreement This instrument sets forth the entire agreement of the Grantor and Grantee with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Restriction, all of which are merged herein. XV. BASELINE DOCUMENTATION REPORT Stony Brook Road CR, Brewster, MA 15 The Conservation Values, as well as the natural features, current uses of, and existing improvements on the Premises, such as, but not limited to, trails, woods roads, structures, meadows or other cleared areas, agricultural areas, and scenic views, as applicable, are described in a Baseline Documentation Report (“Baseline Report”) ”) title “Stony Brook Road CR Baseline Report”, and dated prepared by Grantee with the cooperation of the Grantor, consisting of maps, photographs, and other documents and on file with the Grantee and included by reference herein. The Baseline Report (i) is acknowledged by Grantor and Grantee to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, (ii) is intended to fully comply with applicable Treasury Regulations, (iii) is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein, and (iv) may be supplemented as conditions on the Premise change as allowed over time. Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant in addition to the Baseline Report. XVI. MISCELLANEOUS A. Pre-existing Public Rights Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws by any municipal officials and by the Secretary, is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. B. No Surety Interest The Grantor attests that there is no mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. C. Executory Limitation If Grantee shall cease to exist or to be qualified to hold conservation restrictions pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, or to be qualified organization under 26 U.S.C. 170(h), and applicable regulations thereunder, if applicable, and a prior assignment is not made pursuant to Paragraph VII, then Grantee’s rights and obligations under this Conservation Restriction shall vest in such organization as a court of competent jurisdiction shall direct pursuant to the applicable Massachusetts law and with due regard to the requirements for an assignment pursuant to Paragraph VII. D. Prior Encumbrances This Conservation Restriction shall be in addition to and not in substitution of any other restrictions or easements of record affecting the Premises. Stony Brook Road CR, Brewster, MA 16 E. The following signature pages are included in this Grant: Grantor – The Compact of Cape Cod Conservation Trusts, Inc. Grantee Acceptance – Orenda Wildlife Land Trust, Inc. Approval of Town of Brewster Select Board Approval of the Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts. F. The following exhibits are attached and incorporated herein: Exhibit A: Legal Description of Premises Exhibit B: Reduced Copy of Recorded Plan of Premises Stony Brook Road CR, Brewster, MA 17 WITNESS our hands and seals this ____day of ___________________, 2023, By: _____________________________ Leonard W. Johnson Its: President, duly authorized By: ___________________________ Henry Lind Its: Treasurer, duly authorized COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared Leonard W. Johnson, President of The Compact of Cape Cod Conservation Trusts, Inc., and Henry Lind, Treasurer of The Compact of Cape Cod Conservation Trusts, Inc., and proved to me through satisfactory evidence of identification which was personal knowledge to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. ______________________________ Mark H. Robinson, Notary Public My Commission Expires: 8 July 2027 Stony Brook Road CR, Brewster, MA 18 ACCEPTANCE OF GRANT The forgoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., was accepted by Orenda Wildlife Land Trust, Inc., this __________ day of __________ , 2023. By: _____________________________ Daniel Morast Its: President, duly authorized COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared Daniel Morast, President of Orenda Wildlife Land Trust, Inc., and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: Stony Brook Road CR, Brewster, MA 19 CERTIFICATE OF VOTE I, Lisa Nagel, duly elected Clerk of the Orenda Wildlife Land Trust, Inc., hereby certify that at a meeting of the Board of Directors duly called on the ____ day of _________ 2023, at which meeting, acting throughout upon motion duly made and seconded, a quorum being present, it was unanimously VOTED: that Daniel Morast, President of Orenda Wildlife Land Trust, Inc., be and hereby is authorized in the name of Orenda Wildlife Land Trust, Inc., to accept a Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc. on its property at 0 Stony Brook Rd, Brewster, MA 02631, this execution thereof shall be sufficient evidence of the Board of Directors’ approval. I further certify that Daniel Morast is the duly elected President of Orenda Wildlife Land Trust, Inc., and that I am the duly elected Clerk and that said vote is still in full force and effect. A true copy. Attest: Lisa Nagel, Clerk Orenda Wildlife Land Trust, Inc. Date:___________, _____ Stony Brook Road CR, Brewster, MA 20 APPROVAL OF TOWN OF BREWSTER SELECT BOARD We the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on ___________, 2023, the Select Board voted to approve the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc. to The Orenda Wildlife Land Trust, Inc. in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. TOWN OF BREWSTER SELECT BOARD Cynthia Bingham David Whitney Edward Chatelain Mary Chaffee Kari Hoffmann COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared _____, _____, _____, _____, and _____, and proved to me through satisfactory evidence of identification which was ______________________________ to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: Stony Brook Road CR, Brewster, MA 21 APPROVAL OF SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS OF THE COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby approves the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc. to the Orenda Wildlife Land Trust, Inc., in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. Dated: ________________, 2023 Rebecca L. Tepper Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared Rebecca L. Tepper, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: Stony Brook Road CR, Brewster, MA 22 EXHIBIT A Description of the Premises The land in Town of Brewster, Massachusetts, containing 4.7 acres, +/-, shown as Lot 6 on a plan of land titled “Subdivision Plan of Land in Brewster”, dated February 1, 1988, by Schofield Brothers, Inc., Surveyors, and filed in the Land Registration Office in the Registry District of Barnstable County as Land Court Plan 14603-C. For Grantor’s Title see Barnstable Registry District of the Land Court Document # , noted on Certificate of Title # . Town of Brewster Assessors Map 36, Lot 31. Street Address: Lot 6, 0 Stony Brook Rd, Brewster, MA 02631 Stony Brook Road CR, Brewster, MA 23 EXHIBIT B Reduced Copy of Plan of Premises For official full size plan see Barnstable Registry District of the Land Court, Plan # 14603-C . Conservation Restriction Premises Stony Brook Road CR, Brewster, MA 20 APPROVAL OF TOWN OF BREWSTER SELECT BOARD We the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on ___________, 2023, the Select Board voted to approve the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc. to The Orenda Wildlife Land Trust, Inc. in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. TOWN OF BREWSTER SELECT BOARD Cynthia Bingham David Whitney Edward Chatelain Mary Chaffee Kari Hoffmann COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2023, before me, the undersigned notary public, personally appeared _____, _____, _____, _____, and _____, and proved to me through satisfactory evidence of identification which was ______________________________ to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: TOWN OF BREWSTER DEPARTMENT OF NATURAL RESOURCES 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 SHELLFISH@BREWSTER-MA.GOV Memo: To: Brewster Select Board From: Chris Miller, Ryan Burch cc: Peter Lombardi Date: 6/27/23 Re: Request for a Commercial Shellfish Permit The Town of Brewster General Commercial Shellfish Regulations allow Commercial Permits to be issued from April 1 thru May 30 with a valid transaction card issued by the Massachusetts Division of Marine Fisheries. The Brewster Natural Resource Department received an email on May 30th from Tanner Cornell inquiring about Commercial Shellfish Permits for commercial quahoging. Mr. Cornell had indicated that he was waiting for his transaction card from the MA Division of Marine Fisheries. On June 9, 2023 Mr. Cornell dropped off all of the required documents for a Brewster Commercial Shellfish Permit. Mr. Cornell is requesting to purchase a Commercial Shellfish Permit outside of the dates listed above. The Natural Resource Department would support this one-time request based on the time frame the request was submitted. Mr. Cornell was involved in the Commercial Razor Clam Fishery as a student endorsement holder and would like to continue commercial shellfishing despite the fact the razor clam fishery has been closed the last two years. The reason for the Commercial Shellfish Permit time frame, was to restrict the sale of permits based on a profitable scallop season. Mr. Cornell is trying to target quahogs, which is a fishery that does not have a boom and bust harvest season. Respectfully submitted, Natural Resources BREWSTER POLICE DEPARTMENT Chief Heath J. Eldredge 631 Harwich Road Brewster, Massachusetts 02631 Phone 508-896-7011 www.brewsterpolice.org Fax 508-896-4513 “In Partnership With Our Community” Honorable Select Board, Town Hall, 2198 Main Street, Brewster, MA 02631 June 21, 2023 Honorable Board, I respectfully request a dangerous dog hearing for the dog owned by Andrew and Katherine Muchunguzi be held pursuant to MGL Ch 140, s.157. Attached please find reports of three (3) incidents, two (2) of which are dog bites, involving “Mina”, a two (2) year old spayed female white, with black spot over one eye, medium sized mix breed type dog, owned by Katherine Muchunguzi of 96 Huckleberry Lane, Brewster, MA and Andrew Muchunguzi of 168 Barnstable Road, Apt #8C, Hyannis, MA. On January 6, 2023 “Mina” was running loose in the Huckleberry development and the owners could not catch the dog. “Mina” bit another resident of Huckleberry Lane breaking the skin. On April 28, 2023 “Mina” was running loose on Huckleberry Lane and would not let the neighbors exit their vehicle to get to their residence. The dog owner’s son was attempting to catch the dog but could not do so. On Thursday June 8, 2023 “Mina” bit a twelve (12) year old boy who ran by her at the Huckleberry basketball court. The bite broke the skin. “Mina” was on leash at the time. The dog is not currently licensed. Respectfully, Lynda Brogden-Burns Animal Control Officer/Animal Inspector Brewster Police Department Page: 1 Case Report 06/21/2023 Incident #: 23-6461-OF Call #: 23-6461 Date/Time Reported: 06/08/2023 1711 Report Date/Time: 06/09/2023 1232 Status: No Crime Involved Reporting Officer: Animal Control LYNDA BROGDEN-BURNS Signature: ______________________________ # EVENTS(S) LOCATION TYPE: Park/Playground Zone: AREA TWO 96 HUCKLEBERRY LN BREWSTER MA 02631 1 Animal Complaint # VICTIM(S) SEX RACE AGE SSN PHONE 1 PARKINSON, JAYDEN * * ** NOT AVAIL ************ 108 HUCKLEBERRY LN ****************************** DOB: ****************************** EMPLOYER: ****************************** · ************ ETHNICITY: ******************** RESIDENT STATUS: Resident VICTIM CONNECTED TO OFFENSE NUMBER(S): 1 Brewster Police Department Page: 1 NARRATIVE FOR ANIMAL CONTROL LYNDA J BROGDEN-BURNS Ref: 23-6461-OF On Thursday June 8, 2023, at approximately 5:10PM, SHAMAE ESTERINE of 108 Huckleberry Lane, Brewster called the Brewster Police Department to report that her son had been bitten by the dog that resides at 96 Huckleberry Lane yesterday, Wednesday June 7, 2023. She told the dispatcher that she does not know the owner of the dog and she is taking her son to Fontaine Medical to have the wound treated today. She stated that her son was bitten on the back of his left leg. She could not describe the dog as it was inside the residence when she went over to speak with the owner and she did not know if the dog was current on his rabies vaccine. On Friday June 9, 2023 I called and spoke with SHAMAE ESTERINE. She stated that on Wednesday evening, sometime between 6:00 and 7:00PM, her twelve (12) year old son, JAYDEN PARKINSON, was playing basketball at the Huckleberry Lane court. Her neighbor's son was also there playing basketball and his father was there with a white dog on leash near the court. As JAYDEN got close to the gentleman the dog jumped up at JAYDEN and ripped his shirt and bit him on the leg. She stated the bite wounds broke the skin. She took JAYDEN to Fontaine Urgent Call the following evening for treatment. I explained the quarantine procedure to Ms. ESTERINE and told her that I would place the dog on a ten day quarantine. On Friday June 9, 2023 I called and spoke with ANDREW MUCHUNGUZI. He stated that he took his dog, "Mina", out for a walk and he stopped at the basketball court to talk with his son. As he was talking with his son another boy (JAYDEN) ran close by chasing a basketball and "Mina" lunged at him. Mr. MUCHUNGUZI said it happened very quickly and he pulled "Mina" back. He said he looked at the boy's leg and it looked like "Mina" had scratched him with her nail. JAYDEN told him he was okay and went back on the court. A little while later JAYDEN and his mother, SHAMAE ESTERINE, knocked on his door and showed him that JAYDEN had some wounds a bit higher up on his leg which had also broken the skin. Mr. MUCHUNGUZI said "Mina" had a three (3) year rabies vaccine at the MSPCA on September 22, 2022 which is current until September 22, 2025. (He later sent me a photograph of the rabies certificate). On Friday June 9, 2023 at approximately 1:10PM I met with Mr. MUCHUNGUZI at 96 Huckleberry Lane and observed the dog. I placed "Mina", a spayed female two (2) year old white with black spot over one eye medium sized mix breed type dog, on a ten (10) day quarantine at the residence per MGL Ch. 129, s. 21 and issued the Order of Quarantine in hand to Mr. MUCHUNGUZI. On Tuesday June 20, 2023 at approximately 12:30PM I met with Mr. MUCHUNGUZI at 96 Huckleberry Lane. He told me that "Mina" was tied up in the back yard and, as I must see the dog to release her from quarantine, we walked around to the rear of the house where "Mina" was supposedly secured to a tie out cable. I observed that one end of the cable was attached to "Mina's" collar but the other end was not attached to anything. I pointed this out to Mr. MUCHUNGUZI and he said he did not know how that could have happened and he secured the dog. I explained to him that if I had not noticed that the end of the cable was not attached to anything there was nothing preventing "Mina" from running at large again. "Mina" was alive and appeared healthy and I released her from quarantine. Respectfully submitted, Lynda Brogden-Burns Animal Control Officer/Animal Inspector Brewster Police Department Page: 1 Case Report 06/21/2023 Incident #: 23-216-OF Call #: 23-216 Date/Time Reported: 01/06/2023 0811 Report Date/Time: 01/09/2023 0925 Status: No Crime Involved Reporting Officer: Animal Control LYNDA BROGDEN-BURNS Approving Officer: Lieutenant JONATHON OLEARY Signature: ______________________________ Signature: ______________________________ # EVENTS(S) LOCATION TYPE: Highway/Road/Alley/Street Zone: AREA TWO 84 HUCKLEBERRY LN BREWSTER MA 02631 1 Animal Complaint # VICTIM(S) SEX RACE AGE SSN PHONE 1 BERRY, RAVEN * * ** NOT AVAIL ************ 95 HUCKLEBERRY LN ****************************** DOB: ****************************** EMPLOYER: ****************************** · ************ ETHNICITY: ******************** RESIDENT STATUS: Resident VICTIM CONNECTED TO OFFENSE NUMBER(S): 1 Brewster Police Department Page: 1 NARRATIVE FOR ANIMAL CONTROL LYNDA J BROGDEN-BURNS Ref: 23-216-OF On Friday January 6, 2023 I was dispatched to Huckleberry Lane, Brewster for a report of a loose dog. The reporting party stated she believed the dog may have nipped someone and the dog owners were currently trying to catch the dog. On arrival, I observed a lady following a medium sized white dog with a black spot over one eye. She identified herself as KATHERINE MUCHUNGUZI of 96 Huckleberry Lane, Brewster. She said the dog, “Mina”, had escaped from the house and she had not been able to catch her. She was yelling for her son, SETH ASIIMWE, to come and help her. I exited the vehicle and attempted to assist them in catching the dog. “Mina” continued to run away from her owners and me and was running around the Huckleberry development. While we were trying to capture “Mina” dispatch advised me that a person was at the Fontaine Urgent Care in Harwich and was being treated for a dog bite from “Mina”. The physician was requesting information about the dog’s rabies vaccination status. I asked KATHERINE MUCHUNGUZI and she said “Mina” was up to date on all her vaccinations. KATHERINE MUCHUNGUZI and her son, SETH ASIIMWE, started arguing and having a heated and loud verbal confrontation about the dog and the dog’s lack of training. I requested a Police Officer come to the area. We continued to attempt to catch the dog. “Mina” went back around the Huckleberry circle and was near KATHERINE MUCHUNGUZI’s house but would not go inside and still would not go to her owners. I gave SETH a can of dog food and the dog came close to him, grabbed the can and ran around with it. She ate the food and then left the can on the ground. I picked up the can and gave it back to SETH and told him to try to get the dog to follow him into the house. At this time “Mina” came close to me and bit me on the right leg. The bite did not break the skin but caused some bruising. Eventually “Mina” went up to the neighbor across the street’s front door. They opened the door and the dog went inside. I gave SETH a leash and he and his mother went in to get the dog. They brought “Mina” outside and took her into their residence and secured her in a crate. I advised KATHERINE MUCHUNGUZI that as “Mina” had bitten a person and broken the skin I would be placing the dog on a ten day quarantine per MGL Ch. 129, s21 at her residence. I told her that the dog must stay inside her residence at all times except for quick leash walks in their yard for the dog to relieve itself. KATHERINE MUCHUNGUZI stated she understood the quarantine. I placed “Mina”, a female, one and a half (1 ½) year old, white with a black spot over one eye, medium sized, mix breed type dog on a ten day quarantine and issued KATHERINE MUCHUNGUZI and ANDREW MUCHUNGUZI, wife and husband, the Order of Quarantine. It was served in hand to KATHERINE MUCHUNGUZI. When I returned to the Police Station I called the Brewster Veterinary Hospital and was told that “Mina” was seen on October 8, 2021 and was given a one year rabies vaccination which expired on October 8, 2022. “Mina” was not licensed in Brewster in 2022 and has not been licensed so far this year. I then called the dog bite victim, RAVEN BERRY of 95 Huckleberry Lane, Brewster. She stated her mother was dropping her off at the house this morning. They saw the dog running loose and the owner trying to catch the dog. She went inside with some of her things and as she was coming back out to get the rest of her things and say goodbye to her mother she was aware that KATHERINE MUCHUNGUZI was saying something to her. Ms. BERRY told me she processes things slowly and thinks KATHERINE MUCHUNGUZI was telling her to go back into the house but she didn’t realize it at that moment. Ms. BERRY said the dog came over to her and looked like it was going to play and looked like it was having fun. Suddenly and without warning the dog bit her on the leg. Feeling that she was closer to the car than her house she got into the car with her mother to get away from the dog. She said she didn’t think the bite was serious until she pulled up her pant leg and saw blood and a puncture wound. She went to Fontaine Urgent Care for Brewster Police Department Page: 2 NARRATIVE FOR ANIMAL CONTROL LYNDA J BROGDEN-BURNS Ref: 23-216-OF treatment. While talking with Ms. BERRY I explained the quarantine procedure and advised her that I had placed the dog on a ten day quarantine at the residence. Ms. BERRY stated she was sorry and didn’t want to cause any trouble. I advised her it was not her fault. She said she has seen the dog loose a couple of times in the past but it does not run loose often. She also said the MUCHUNGUZI’s are good with the dog and she wants them to keep their dog. I called the Brewster Housing Authority, who controls the development, and spoke with Betty. She said the MUCHUNGUZI’s do not have permission to have a dog. The housing authority spoke with KATHERINE MUCHUNGUZI and she said the dog belongs to her husband, ANDREW MUCHUNGUZI and that it does not live with her full time. I advised Betty of the dog running loose in the Huckleberry development today, and biting someone, and that the dog was now on a ten day quarantine at 96 Huckleberry Lane. On Monday January 16, 2023 I went to 96 Huckleberry Lane and met with Ms. MUCHUNGUZI. She invited me inside and showed me the dog who was in a crate. "Mina" was alive and appeared healthy. I released the dog from quarantine. I advised Ms. MUCHUNGUZI that the dog was not current on her rabies vaccination at the Brewster Veterinary Hospital. She called her husband, ANDREW MUCHUNGUZI, and put him on speaker phone. He stated "Mina" had a rabies vaccination a few months ago at the MSPCA in Centerville. I advised the MUCHUNGUZI's that they should consider getting a basket style muzzle to put on "Mina" when she was outdoors or if new people were in their house. I gave Ms. MUCHUNGUZI a printout with different types of basket muzzles. She stated that ANDREW used to have one for the dog and her daughter stated the dog chewed it up. Ms. MUCHUNGUZI said ANDREW has an electric collar for the dog also. She said "Mina" listens to him but not to her. I told Ms. MUCHUNGUZI that she needs to register the dog with the Brewster Housing Authority and to license the dog in Brewster. She said that the dog lives with her husband and stays with her when he is out of the country. I advised her that the dog needed to be licensed in the town where it resides and that she should contact the Housing Authority to find out what she needs to do to have permission to house the dog while her husband is away. Respectfully submitted, Lynda Brogden-Burns Animal Control Officer/Animal Inspector Brewster Police Department Page: 1 Case Report 06/21/2023 Incident #: 23-4830-OF Call #: 23-4830 Date/Time Reported: 04/28/2023 0817 Report Date/Time: 04/28/2023 1043 Status: Incident Open Reporting Officer: Animal Control LYNDA BROGDEN-BURNS Signature: ______________________________ # OFFENSE(S) ATTEMPTED TYPE LOCATION TYPE: Highway/Road/Alley/Street Zone: AREA TWO 95 HUCKLEBERRY LN BREWSTER MA 02631 1 TOWN BY-LAW, DOG UNRESTRAINED N Ordinance 140/173A 140 173A OCCURRED: 04/28/2023 0830 REFER TO CITATION#: AC-3216 FINE: 25.00 Brewster Police Department Page: 1 NARRATIVE FOR ANIMAL CONTROL LYNDA J BROGDEN-BURNS Ref: 23-4830-OF On Friday April 28, 2023 I was dispatched to Huckleberry Lane in response to a 911 call regarding a dog running loose. JANE LANCASTER of 47 Bay Ridge Road, Orleans called to report that a dog was running loose and going up to her vehicle. She stated this same dog had attacked her daughter in the past and they can not get out of the vehicle to get into their residence. She stated the dog owner was attempting to catch the dog but could not get her. On arrival I was met by the reporting party, Ms. LANCASTER. She was in her vehicle along with her daughter, RAVEN BERRY of 95 Huckleberry Lane, Brewster, and another person. Ms. LANCASTER stated that she was dropping her daughter off at her residence before going to work. When she pulled into the driveway she observed the white (with black spot) Mix Breed type dog owned by the MUCHUNGUZI's of 96 Huckleberry Lane running loose. SETH ASIIMWE, KATHERINE MUCHUNGUZI's son, was attempting to catch the dog but it would not go to him. Ms. LANCASTER stated her daughter had been bitten by the same dog when being dropped off before (See case #23-216 January 6, 2023) and she was afraid to get out of the vehicle to get to the residence. I observed the dog, "Mina", running loose around the Huckleberry Development. SETH ASIIMWE was attempting to catch the dog but she would not come to him. Brewster Police Officer Marshall arrived and we escorted Ms. BERRY safely to her residence. I gave SETH ASIIMWE a can of dog food to tempt "Mina" but he was still unable to catch the dog. "Mina" ran down the road to see another dog being walked on leash but she still would not allow anyone to get a hold of her. Eventually "Mina" followed SETH into a neighbors house and he was able to get the dog on a leash. He walked the dog back to his residence and secured the dog in a crate inside the residence. SETH ASIIMWE stated he had just come back from college. He opened the door to the residence and "Mina" bolted past him and was running around the neighborhood. He said "Mina" only listens to his father. I advised him that I would be issuing a citation for the dog running loose. When I returned to the Police Station BETTY RANKIN of the Brewster Housing Authority called and spoke with me. She stated she had heard that the MUCHUNGUZI's dog had been loose. She said that KATHERINE MUCHUNGUZI does not have permission to have the dog at the residence or on the property. Ms. RANKIN was aware of the incident on January 6, 2023 at that time and knew the dog was being housed at the residence. At that time KATHERINE MUCHUNGUZI stated that the dog lived with her husband, ANDREW MUCHUNGUZI, in Hyannis and that she looks after the dog when he is out of the country. Ms. RANKIN stated that the Housing Authority would send a letter to Ms. MUCHUNGUZI. I then called ANDREW MUCHUNGUZI. ANDREW stated that as he works in Orleans and does not have a lot of free time the dog stays with KATHERINE in Brewster. He said he does not have time for the dog and admitted they did not train the dog well when she was a puppy. (She is now one and a half years old). Mr. MUCHUNGUZI said he had contacted dog trainers but they were all busy and he was not able to get any help. He has talked to the family about finding "Mina" another home but they want to keep her, even though they don't walk her or train her. He stated KATHERINE loves the dog but doesn't do anything with her. I advised him that KATHERINE does not have permission to have the dog on the Housing Authority property and that he will need to keep the dog with him in Hyannis. He is considering surrendering the dog to the MSPCA or Animal Rescue League. Mr. MUCHUNGUZI stated, as he did in January, that the dog was vaccinated against rabies by the MSPCA. I asked him to bring a copy of the rabies certificate to the Police Station or to email me a copy. I also advised him that he needed to license the dog if he keeps her. On Friday April 28, 2023 I went back to 96 Huckleberry Lane. On my arrival I observed that "Mina" was tied outside by the front door. KATHERINE MUCHUNGUZI came outside to talk with me. She said she did not know that "Mina" had been loose earlier and said that the dog has not been loose since I spoke with her in January. I advised Ms. Brewster Police Department Page: 2 NARRATIVE FOR ANIMAL CONTROL LYNDA J BROGDEN-BURNS Ref: 23-4830-OF MUCHUNGUZI that as the dog was running loose in the road and around the development I was issuing a citation (#3216). Ms. MUCHUNGUZI signed the citation and I gave her a copy in hand. I explained her options regarding payment or requesting a hearing. I also advised Ms. MUCHUNGUZI that she did not have Housing Authority permission to have the dog at the property. She insisted she filled out the necessary paperwork when they got the dog. I advised her to contact the Housing Authority and she stated she would wait to hear from them. I also advised her the dog must be licensed by State Law and that she should have a copy of the dog's rabies vaccination certificate. Respectfully submitted, Lynda Brogden-Burns Animal Control Officer/Animal Inspector Ad Preview 2/2 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 brewster-ma.gov June 29, 2023 CERTIFIED MAIL — RETURN RECEIPT REQUESTED FIRST CLASS MAIL Katherine Muchunguzi 96 Huckleberry Lane Brewster, MA, 02631 Dear Ms, Muchunguzi: Office of the: Select Board Town Manager On Monday July 10, at 6:00 p.m. in Room A of the Brewster Town Office Building, 2198 Main St., Brewster, MA, the Brewster Select Board, will hold a public hearing in accordance with Massachusetts General Laws, Chapter 140, Section 157 and Chapter 86 of the Code of the Town of Brewster, to determine whether the dog owned and/or kept by yourself in the Town of Brewster is a Nuisance Dog or Dangerous Dog as those terms are defined in said statute. This Notice is based on a written complaint that a dog known as "Mina", has been allowed to roam loose and unattended and that she has bitten and threatened several neighbors. In accordance with its statutory authority, the Select Board will conduct a public hearing, which shall include an examination of the complainant under oath, and based on the credible evidence and testimony presented, it may make such findings and order concerning the restraint of said dog as may be deemed necessary, which may include an order that the dog be humanely euthanized. You are invited to attend the hearing and at that time you may produce any documentation and/or witnesses. You may be represented by an attorney at your own expense. You may make an appointment to examine the public records in the Town's file on this matter during regular business hours. If you have questions related to the hearing please call our Office at 508-896-3701, ext 1100 Sincerely, Erika Mawn Executive Assistant, Select Board/Town Manager 3 111 LO 0 2 tic, W V 2 Isn 1 0 � V ' to N i L7 1 cn LI) to Qz, J 04 co o 70 fn NOO CERTIFIED MAIL® Town of Brewster Town Administrator's 0 2198 Main Street Brewster. MA 02631 m m to co u, u, U.S. Postal Service`' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com ". E Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Retum Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adutt Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here Sent To M cA�a2r,, e. �JLhJn Street and Apt. No., or Pb Box No. (Ul i b f I, hlc5z r Ls - City, .teg,e,z!P+ab M ()Z. PS Form 3800 A • ril 2015 PSN 7530-02-000-9047 See Rev -rse for Instructions 1 SENDER: COMPLET E THIS SECTION • Complete items 1, 2, and 3. • Print your nam e and address on the reverse so that we can return the card to you . • Attach this card to the back of the mailpiece, or on the front if space permits . 1. Article Addressed to: G 6 I-A,�k��b��r� LcA 111111 I 111 1111 MA 02-631 iii 11 1111 IIIIII 9590 9402 6578 1028 6448 83 2. Article Number (Transfer from s ervice label) 7021 0350 0000 0857 5863 COM PLETE THIS SECTION ON DELIVERY A. Signature X ❑ Age nt ❑ Addresse e B. Received by (Printed Name) C. Dat e of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter deli very address b elow: 0 No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery =' Certified Mail ® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Deliv ery Restricted Delivery Esur ed Mail isured Mall Restricted Delivery fiver $500) ❑ Priority Mail Express ® ❑ R egistered MailrM ❑ Registered Mail Restricted D elivery 0 Signature C onfirmationT M ❑ Signature Confirmation Restricted Deliv ery PS Form 3811, July 2020 PSN 7530-02-000-9053 il li ,,_5 ,i,, hi! 1II1ttLr:s5 Domestic Return R eceipt 1 617.556.0007 | 1.800.548.3522 | www.k-plaw.com | ©2018 KP Law, P.C. Local Regulation of Nuisance and Dangerous Dogs Effective on October 31, 2012, An Act Further Regulating Animal Control” (the “Act”) substantially revised the procedures for responding to complaints about nuisance and vicious dogs pursuant to the provisions of G.L. c. 140, §157. To simplify the detailed process, attached is a two-page summary of the new standards and process. The Regulatory Framework Pursuant to the prior version of G.L. c.140, §157, municipal officials responded to complaints that dogs were “nuisance[s] by reason of vicious disposition or excessive barking or other disturbance”. However, the statute failed to define these terms or otherwise establish appropriate remedial action in the event a dog was found to be a nuisance. The Act addresses this issue in part. Specifically, the Act deletes the phrase “nuisance by reason of vicious disposition or excessive barking or other disturbance” and replaces it with, and defines, the terms “attack”, “nuisance dog” and “dangerous dog”. Additionally, the statute explicitly excludes certain factors or circumstances as bases for a finding that a dog is dangerous, including, for example, the fact that a dog is a particular breed, or a situation in which a dog was protecting its offspring or owner. Further, the Act proposes seven specific remedies for ameliorating nuisances caused by dangerous dogs. Importantly, while these amendments provide guidance as to how to resolve dog complaints, the Act continues to provide local officials with sufficient discretion to protect the public safety based upon particular facts. Proceedings at the Local Level Under the prior and current versions of G.L. c.140, §157, the process for determining whether a dog is a nuisance begins with a written complaint. The Act now gives municipalities greater flexibility in delegating responsibility for handling dog complaints by expanding the list of officials authorized to address complaints to include: mayors in cities; boards of selectmen in towns; or, in any city or town, the chief or commissioner of the police department, or their designee, or other person charged with the responsibility of handling dog complaints. Upon receipt, the hearing authority is required to investigate or cause the investigation of the complaint. The investigation must include an examination of the complainant under oath. While it was common for municipalities to conduct such examination at a public hearing, the Act now requires the complaint be decided based upon “credible evidence and testimony presented at [a] public hearing in the municipality.” As with other types of adjudicatory hearings, although the formal rules of evidence 617.556.0007 | 1.800.548.3522 | www.k-plaw.com | ©2018 KP Law, P.C. will not apply, we recommend that all witnesses be sworn and the proceedings be recorded for use in the event of an appeal. The hearing authority should proceed in two steps. First, there must be a determination of whether the dog is a nuisance or dangerous. In making this determination, the hearing authority will be guided by the new definitions set forth in the Act. If the hearing authority decides the dog is not a nuisance or dangerous, the inquiry ends and the hearing authority must dismiss the complaint. If the hearing authority deems the dog a nuisance, it may “further order that the owner or keeper of the dog take remedial action to ameliorate the cause of the nuisance behavior.” As with the prior version of the statute, the Act does not establish any parameters for such remedial action, if any, but rather, it leaves the response to the complaint to the discretion of the hearing authority. In contrast, if the hearing authority deems the dog dangerous, it shall order one or more of the seven remedies ranging from restraint to euthanization. The list includes remedies commonly invoked by municipalities, and allows the hearing authority discretion to decide on an appropriate combination most suited to the facts of a particular case. However, the Act strictly prohibits the common practice of “banishment”, i.e. ordering removal of a dog from the municipality in which its owner or keeper resides. Further, the Act codifies the common law rule prohibiting the regulation of dogs in a manner that is specific to breed. Appellate Procedure The Act does not alter past practice relative to appeals. The owner or keeper of a dog aggrieved by a hearing authority’s decision may file an appeal in the local district court within ten days after issuance of the order. The initial hearing on the appeal is before a district court clerk magistrate who shall hear the witnesses and affirm the order unless it shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. Either party aggrieved by the decision of the clerk magistrate may then request a de novo hearing before a justice of the district court, who may, based upon the credible evidence and testimony presented at trial dismiss the complaint ,or deem the dog a nuisance or dangerous dog. Although the Act states that the decision of the court after a de novo hearing is final and conclusive upon the parties, the Appeals Court found that the same language in the prior version of the statute provides for a further appeal to Superior Court pursuant to the provisions of G.L. c. 249, §4. The Act does, however, provide municipalities with significantly greater enforcement authority during the pendency of the appeal by authorizing a petition to the district court for an order of impoundment. The district court may issue such an order upon a finding of probable cause that the dog is dangerous. The Act requires the owner to pay the costs of impoundment if the municipality prevails in the appeal and authorizes the municipality to recover such costs through a lien on the owner’s real estate or as an additional surcharge on the owner’s motor vehicle excise tax. 617.556.0007 | 1.800.548.3522 | www.k-plaw.com | ©2018 KP Law, P.C. Enforcement The Act provides enhanced penalties for the failure to comply with a municipal or court order. If an owner or keeper of a dog violates an order issued under G.L. c.140, §157, the dog is subject to seizure and impoundment by a law enforcement or animal control officer and the owner or keeper may be subject to criminal penalties or prohibited from licensing a dog within the Commonwealth for up to five years. The Act also authorizes the issuance of fines for failure to comply with such orders – a fine of not more than $500.00 or imprisonment for not more than 60 days, or both, for a first offense and a fine of not more than $1,000.00 or imprisonment for not more than 90 days or both for a second or subsequent offense. The Act also prohibits anyone over 17 with “actual knowledge” that a dog has been deemed dangerous from allowing a child under 17 to own, possess or have the care or custody of such dog, and further requires a dog’s dangerousness be disclosed prior to transfer of possession or ownership. In summary, the Act makes substantial revisions to the process for addressing vicious dog complaints. We recommend, therefore, that any municipal hearing authority addressing such complaints carefully review the revised definitions and procedures to ensure any action taken is consistent with the new statutory requirements. Please contact Gregg Corbo at gcorbo@k-plaw.com or 617.556.0007 with further questions. Boston • Hyannis • Lenox • Northampton • Worcester • www.k-plaw.com ©2016 KP Law, P.C. (v5) Page 1 NUISANCE AND DANGEROUS DOGS G.L. c. 140, § 157 Important Definitions: “Attack” - an aggressive physical contact initiated by an animal. “Dangerous dog” – a dog that either: (i) without justification, attacks a person or domestic animal causing physical injury or death; or (ii) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal. “Nuisance dog” – a “dog that: (i) by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or (ii) by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one’s quiet and peaceful enjoyment; or (iii) has threatened or attacked livestock, a domestic animal or a person, but such threat or attack was not a grossly disproportionate reaction under the circumstances. Sample Motions for Hearing Authority: Nuisance Complaint: Not a Nuisance Dog: I move, based on the following facts adduced at this public hearing, including, but not limited to [insert listing of facts], that [the hearing authority] find the dog complained of is not a nuisance dog and that the complaint be dismissed; or Is a Nuisance Dog: I move, based on the following facts adduced at this public hearing, including, but not limited to [insert listing of facts], that [the hearing authority] find the dog complained of is a nuisance dog by reason of [choose one or more of the three reasons listed above in the definition of “Nuisance dog”] Dangerousness Complaint: Not a Dangerous Dog: I move, based on the following facts adduced at this public hearing, including, but not limited to [insert listing of facts], that [the hearing authority] find that the dog complained of is not a dangerous or nuisance dog and that the complaint be dismissed; or Is a Dangerous or Nuisance Dog: Nuisance Dog: I move, based on the following facts adduced at this public hearing, including, but not limited to [insert listing of facts], that [the hearing authority] find that the dog complained of is a nuisance dog by reason of [choose one or more of the three reasons listed above in the definition of “Nuisance dog”]; or Dangerous Dog: I move, based on the following facts adduced at this public hearing, including, but not limited to [insert listing of facts], that [the hearing authority] find that the dog complained of is a dangerous dog by reason of [choose one or both of the reasons listed above in the definition of “Dangerous dog”]. Remember that a determination that a dog is dangerous cannot be: (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was Boston • Hyannis • Lenox • Northampton • Worcester • www.k-plaw.com ©2016 KP Law, P.C. (v5) Page 2 reacting to another animal or to a person and the dog’s reaction was not grossly disproportionate to any of the following circumstances: •the dog was protecting itself, its offspring, another domestic animal or a person from attack; •the person attacked or threatened was committing a crime upon the person or property of the owner or keeper of the dog; •the person attacked or threatened was teasing or otherwise provoking the dog; or •at the time of the attack or threat, the person or animal attacked or threatened had breached an enclosure or structure in which the dog was kept apart from the public. Further, be aware that if the person attacked or threatened is under the age of 7, a rebuttable presumption exists that such person was not committing a crime, provoking the dog or trespassing. Remedies: Nuisance Complaint: If the hearing authority deems a dog a nuisance dog, the hearing authority may, in its discretion, order the owner or keeper of the dog to take action to ameliorate the nuisance behavior. Dangerousness Complaint: If the hearing authority deems a dog a dangerous dog, it shall order one or more of the following remedies be imposed: (i) that the dog be humanely restrained, but not chained, tethered or otherwise tied to an inanimate object including a tree, post or building; (ii) that the dog be confined to the premises of its owner or keeper, either indoors or outdoors properly sheltered from the elements in a securely enclosed and locked pen or dog run area with a secure roof and, if the enclosure has no floor, with sides not less than 2 feet embedded into the ground; (iii) that when removed from the premises of the owner or keeper, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length; (iv) that the owner or keeper provide documented proof of no less than $100,000 insurance for claims resulting from intentional or unintentional acts of the dog, or of reasonable efforts to obtain such insurance if a policy has not been issued; (v) that the owner or keeper provide the licensing authority, animal control officer or other entity identified in the order, information by which a dog may be identified, including, for example, photographs, videos, veterinary examination, tattooing or microchip implantations or a combination of information; (vi) that the dog be altered so it is unable to reproduce, unless its owner or keeper provides evidence that a veterinarian is of the opinion the dog is unfit for alterations because of a medical condition; or (vii) that the dog be humanely euthanized. No order shall be issued directing that a dog deemed dangerous be removed from the town or city in which the owner of the dog resides. Be reminded that the sample votes and proposed remedies set forth herein may serve as the basis for actual votes or remedial orders, but any actual votes or remedial orders must be prepared on a case-by- case basis in light of the specific facts at issue and in conformance with applicable statutory language. BREWSTER HOUSING AUTHORITY HUCKLEBERRY LANE RESIDENTS HANDBOOK MISSION STATEMENT The Brewster Housing Authority is committed to providing safe, Decent and affordable housing for families and senior citizens And single special needs individuals of low and moderate Income. The rules and policies printed in this handbook are put into effect and are incorporated into your lease, per Section IX(Q) and Section XIX. removal at its elderiy development first and move to Huckleberry Lane as soon as they are able to safely get to the property. Brewster Housing Authority assumes no responsibility when residents attempt to drive or walk during inclement weather. We encourage residents not to go out after a storm unless it is absolutely necessary. Please see the full policy at the end of this handbook. PETS: There isa Pet Policy for Huckleberry Lane. You MAY NOT have a pet until and unless you receive permission from the housing authority, have signed a Pet Rider, and have made a security deposit. Pet sitting is NOT ALLOWED, unless you have received prior permission from the housing.authority. If you Nish to have a pet, contact the Executive Director to siart the process. Only one pet per household, is allowed. SECURITY: Security is a growing concern in all communities. The security of all residents depends in part upon the cooperation and vigilance of each resident and their guests. Please help us by being an active member of the community and reporting to the police or the office any activities that are unusual'or might be a cause for- ' concern. Always identify the person coming to your apartment before you permit them to enter. Admit only your Masts. When entering or leaving your apartment check the doors to make sure that they are securely locked. Please turn on your exterior lights during the nighttime hours. If you observe anyone acting suspiciously, immediately call the Police Department, and then notify the BHA office. PEACE AND QUIET/NOISE: Please respect your fellow resident's right to Peace and Quiet. A development reflects its occupants — you and your neighbor have a right to privacy and freedom from annoyance. A mutual respect and consideration for one another will insure that all occupants enjoy living here. If you are having an Issue with someone disturbing you, please try to talk to that person about the problem. If, after doing so, you still feel like you are being disturbed, you may contact the housing authority office for mediation or to place a formal complaint. A simple and reasonable rule of thumb is to observe "Quiet Hours" from 9:00 P.M. to 9:00 A,M. Refrain from using any loud and noisy appliances (i.e. vacuum) and reduce the volume on TV's, radios, computer, & police scanners between those hours. It is expected that tenants would not hold noisy gatherings in his/her home or permit a disturbance or activity that would cause annoyance or discomfort to his/her neighbors. If you have a noise complaint that needs to be immediately addressed, please call the Brewster Police Department and then notify the office as soon as you are able to. 6 BRE S R OUSING A 11 Frederick Court, Brewster, MA 02631 June 15, 2023 Katherine Birungi 96 Huckleberry Lane Brewster, MA 02631 Dear Ms. Birungi: Tel: 508-896-9800 Fax: 508-896-4050 It has been brought to my attention that you have a dog residing in your unit. Please be advised, dogs are not allowed on housing authority property without written permission from the Executive Director. As of the date of this letter, you have not provided a written request for permission to have a dog, and therefore, Brewster Housing Authority has not authorized a dog for your family at this time. Additionally, as the dog has bitten two people and is off leash, Brewster Housing Authority considers this dog to be vicious and must be removed from your unit and Brewster Housing Authority property immediately. Sincerely, Jewviiii.fe/r 11m Jennifer Haskell Assistant Director Archive d: Friday, July 7, 2023 2:08:51 PM From: Jackie M ail re ce ive d time : Thu, 6 Jul 2023 19:08:22 Se nt: Thursday, July 6, 2023 3:08:23 PM To: Erika Mawn N ed Chatelain Mary Chaffee Subje ct: Meeting 7/10 @ 6:00 - Huckleberry Ln Dog Bite Importance : Normal Se ns itivity: None Good afternoon, My name is Jane Lancaster, I am Raven Berry’s mother. Raven was bitten by the dog on Huckleberry Lane, and I was witness to it. I’m forwarding pictures to help inform you of the injuries sustained during the attack. The two punctures: Small puncture on right calf Large puncture on the outside right calf We are unable to attend the hearing in person but hope these pictures help. Is there any way to join the meeting via Zoom? If are no remote methods, could you please tell us how to follow up on this? My phone number is and you can always reach me at this email as well. Thank you very much, Jane (my friends call me Jackie) ryif , "`4=�. �: Wig BREWSTER POLICE DEPARTMENT Chief Heath J. Eldredge 631 Harwich Road Brewster, Massachusetts 02631 Phone 508-896-7011 www.brewsterpolice.org Fax 508-896-4513 “In Partnership With Our Community” Recommendations for Muchunguzi Dog Hearing I recommend that the Muchunguzi’s dog, “Mina”, a two (2) year old spayed female white, with black spot over one eye, medium sized mix breed type dog, be deemed a Nuisance Dog per MGL Ch. 140, s. 157. I recommend the Muchunguzi’s keep their dog, “Mina”, securely confined indoors or, whenever the dog is outdoors, the dog shall be securely and humanely muzzled and restrained on a leash not exceeding six (6) feet and under the control of a responsible adult. Further, if “Mina” is left unsupervised outdoors she must be humanely muzzled and tethered or, confined in a securely enclosed pen or dog run area according to the regulations set forth in MGL Ch. 140, s.174E. I recommend that the Muchunguzi’s provide “Mina” with professional dog training. The Muchunguzi’s must keep the dog’s rabies vaccination current and the dog must be licensed annually in the Town where it is kept. Respectfully, Lynda Brogden-Burns Animal Control Officer/Animal Inspector 54Uilj'li16074, -�0411pAith4 „1,:t Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma,gov Office of: Select Board Town Manager Application Fees: 850 APPLICATION FOR COMMON VICTUALLER LICENSE Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review, Subunit to Town Manager's office or liceneesCci brewater-ma.:yov Section 1: Applicant Information Applicant's Name; g‘t'-,-%->5T i 2— Q 1 co Applicant's Address: .-3c r e(z. 6145 acafs"L 02,(1+ Telephone # and Email Address: ection 2; Business Information Name of Establishment: :..c Address of Business: Sri 0 a hrid., rrA 6 4esc,, ` ,'/ /Y1/11 o2-63? Name of Business Manager and Phone #: '.(19.=' Q SMEN,C..C.: 0 Hours of Operation Seating Capaoity: Description of Business and Purpose: °, :3 4:2-E. T 42•Gi174NI NST '-' E2..v '() `-"\.>‘ N E r- Tr 3 fkr\t- " \ (N tW: - a u--1 Q Q -1)0N1 Yvv. <1.CAi'f Cu,5INE, #\2,.G AU At L A (SU5 Pease note that the premises must be inspected by the Building Department, Health Department and Fire :Department before the Select Board will review the application. All municipal taxes must be paid prior to the license approval. Please submit the following with your app 'cation: • Copy of lease or deed • Copy of floor plan • Copy of Menu • Copy of Business S K cture Doc is (Articles of Organization, LLC Agreement, Partnership Agreement, Businej.r_tifl Applicant Signature: Date: 06/26/23 COMMERCIAL REAL ESTATE LEASE This Lease Agreement ("Lease") is executed as of July 1, 2023 by and between: MIAMI STUFF, LLC, with an address of P.O. Box 128, South Harwich, Massachusetts 02661 ("Landlord"), and BREWSTER PICO, LLC, with an address of 239 Underpass Road, Brewster, Massachusetts 02631 ("Tenant"). The parties agree as follows: 1. PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant the commercial building, parking spaces and all other improvements located at 239 Underpass Road, Brewster, Massachusetts 02631 (herein the “Premises”). 2. TERM. The lease term shall be two (2) years, commencing at 12:01 AM on July 1, 2023, and ending at 11:59 PM on June 30, 2025. 3. LEASE PAYMENTS. The Tenant shall pay to the Landlord rent in the total sum of Ninety-Six Thousand and 00/100 Dollars ($96,000.00) (herein the “Base Rent”), payable in advance in monthly installments of $4,000.00. All payments to be made by the Tenant to the Landlord as rent hereunder shall be made by the Tenant to the Landlord on or before the first day of each calendar month. 4. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. Tenant agrees to accept possession of the building and improvements in its present condition. All property of every kind which may be on said demised unit during the term hereof shall be at the sole risk of Tenant or those claiming under Tenant and the Landlord shall not be liable to Tenant, or to any person claiming under Tenant, for any injury, loss or damage to any person or property in or upon said demised Premises, or upon the parking lot contiguous thereto, except if such loss, injury or damage was caused by an intentional or wrongful act, omission, or default on the part of the Landlord or any of its agents, contractors, customers, or employees. Tenant hereby covenants and agrees to assume all liability for or on account of any injury, loss or damage above described, and to save Landlord harmless therefrom. It is further especially understood and agreed that Landlord shall not be liable for any failure of water supply, gas supply, or electric current, or for injury or damage which may be sustained to person or property by Tenant or any person claiming under Tenant, caused by or resulting from steam, electricity, gas, water, rain, ice or by snow or other liquid, which may leak or flow from or into any part of said building or caused by the breakage, leakage, obstruction or other defect of pipes, wiring, appliances, plate glass, plumbing or lighting fixtures of the same, or by the condition of said Premises or any part thereof, or from any other source or by any other cause whatsoever, whether the said damage or injury shall be caused by or be due to the negligence of Landlord, Landlord's agents, servants, or employees, except if such loss, injury or damage was caused by an intentional or wrongful act on the part of the Landlord or any of its agents or employees. 2 5. USE OF PREMISES. Tenant may use the Premises for the operation of a restaurant providing both in-person dining and take out. The Premises may not be used for any other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld, except, however, that Landlord shall have the right to withhold such consent if, in the sole discretion of Landlord, such other purposes or uses are deemed by Landlord to conflict or be incompatible with any other tenants, or Landlord’s scheme of operation. 6. DEFAULTS. If any sum or sums due as rent or additional rent as herein provided and set forth or any part thereof shall be unpaid for a period of fourteen (14) days after written notice of such default has been given by Landlord to Tenant, or if Tenant shall violate or be in default in its observances or performances of any of its covenants herein contained, and shall have failed to take and prosecute appropriate steps to remedy such breach or default within fourteen (14) days after written notice of such breach or default has been given by Landlord to Tenant, or if the estate hereby created shall be taken on execution or other process of law and shall not be redeemed for fourteen (14) days after Landlord shall have given Tenant written notice of such taking, or if Tenant be declared bankrupt or insolvent according to law, or if any assignment shall be made of its property for the benefit of creditors, then, and in each of the said cases, after the expiration of the aforesaid fourteen (14) day period, Landlord lawfully may (notwithstanding any waiver of any former breach of covenant or waiver of the benefit hereof or consent in a former instance) immediately or at any time thereafter while such default or other stipulation aforesaid continues and without further demand or notice enter into and upon the Premises or any part thereof in the name of the whole and repossess the same as of its former estate and expel Tenant and those claiming through or under it and remove its effects (forcibly if necessary) without being deemed guilty of any manner to trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. Upon entry as aforesaid this Lease shall terminate and Tenant covenants that in case of such termination under the provisions of statute by reason of the default of Tenant, Tenant will forthwith pay Landlord as damages a sum equal to the amount by which the base rent, additional rent, and other payments called for hereunder of the remainder of the original term or of any extensions thereof, and, in addition thereto, will during the remainder of the original term and of any extensions thereof pay to Landlord on the last day of each calendar month the difference, if any, between rental which would have been due for such month had there been no such termination and the sum of the amount being received by Landlord as rent from occupants of the Premises, if any, and the applicable pro-rated amount of the damages previously paid to Landlord, Landlord hereby agreeing to use reasonable efforts to minimize damages. 7. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing by hand to the other party or its agent in charge, or forwarded by first class mail, postage prepaid, addressed as follows: LANDLORD: Name: MIAMI STUFF, LLC Address: P.O. Box 128, South Harwich, MA 02661 3 TENANT: Name: BREWSTER PICO, LLC Address: 239 Underpass Road, Brewster, MA 02631 Such addresses may be changed from time to time by either party by providing notice as set forth above. 8. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, by mutual agreement and if the writing is signed by the party obligated under the amendment. 9. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 10. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. 11. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. 12. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the Commonwealth of Massachusetts. 13. LATE PAYMENTS. Tenant shall pay a late fee equal to three percent (3%) of rent due for each payment that is not paid within seven (7) business days after its due date. Tenant agrees to pay Landlord interest at a rate of ten percent (10%) per annum (or the maximum rate permitted by applicable law, whichever is less) on all unpaid rent, additional rental or other sums due hereunder that are not paid when such amounts are due and payable. Nothing contained herein shall require Landlord to accept any tender of payment from Tenant for less than the full amount then due under this Lease, including any and all late charges, interest and attorneys' fees that may then be due from Tenant in accordance with the express terms of this Lease. 14. HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord a payment for the Holdover Period equal to one-tenth of the annual rent set forth in the preceding Lease Payments paragraph, calculated as to the then-current year, for each month or portion thereof that Tenant 4 holds over. Such holdover shall constitute a month-to-month extension of this Lease, but shall not in any event create a new or renewed tenancy. 15. NON-SUFFICIENT FUNDS. Tenant shall be charged and agrees to pay $100.00 for each rent check that is returned to Landlord for lack of sufficient funds, as well as any bank charges suffered by Landlord. Landlord reserves the right to require that all future rental payments be made in the form of cashiers' checks or certified funds. 16. MAINTENANCE, REPAIRS, AND ALTERATIONS. Landlord's obligations for maintenance shall include maintaining the structure of the building in the same condition as it is at the commencement of the term or as it may be put in during the term of this lease, reasonable wear and tear, damage by fire and other casualty only excepted, unless such maintenance is required because of the Tenant or those for whose conduct the Tenant is legally responsible. Tenant's obligations for maintenance shall include maintaining the Premises in good condition, damage by fire and other casualty only excepted, and whenever necessary, to replace plate glass and other glass therein, acknowledging that the leased premises are now in good order and the glass whole. The Tenant shall not permit the leased premises to be overloaded, damaged, stripped, or defaced, nor suffer any waste. Tenant shall obtain written consent of the landlord, which shall not be unreasonably withheld, and the Town of Brewster before erecting any sign on the Premises. With the exception of those items set forth herein that are required to be repaired by Landlord, Tenant, during the Term of this Lease or any extension or renewal of this Lease, shall, at its sole cost and expense, make all repairs as shall be reasonably necessary to keep the Premises, and any portion of the building under Tenant's exclusive control, in good condition and repair, normal wear, loss by fire or other casualty not caused by Tenant, Tenant's employees, agents or contractors and condemnation excepted. Tenant further agrees that all damage or injury of whatever nature done to the Premises by the Tenant or by Tenant’s employees, agents, licensees, or invitees shall be repaired by Tenant at its sole cost and expense. Tenant shall not suffer or permit any liens to be filed against the Premises or any portion thereof or against Tenant's leasehold estate therein, by reason of any work, labor, material or services done for, or supplied to or claimed to have been done for or supplied to Tenant or anyone claiming by, through or under Tenant. If any such lien shall be filed, Tenant shall, within thirty (30) days after notice from Landlord of the filing thereof, either cause such lien to be vacated and canceled of record or, if Tenant in good faith determines that such lien should be contested, furnish such security, by surety bond or otherwise, as may be necessary or prescribed by Laws to release the lien and prevent any foreclosure of such lien during the pendency of such contest. Tenant shall make no alterations or other improvements to the Premises without Landlord's prior written consent, and shall provide Landlord with plans for any such alterations. Unless otherwise agreed, all such approved alterations and other improvements shall be made by Landlord at Tenant's sole expense and shall become the property of Landlord and be surrendered with the Premises upon the expiration of this Lease. Landlord may, at Landlord's option, require Tenant to remove any or all such alterations, improvements, decorations and furnishings, and repair any damage to the Premises resulting from such alterations, upon the expiration or earlier 5 termination of this Lease. Tenant shall, at Tenant’s sole expense, obtain any and all permits necessary for any such alterations. Notwithstanding anything to the contrary contained herein, in no event shall Tenant effectuate any structural or non-cosmetic improvements or alterations to the Premises that in any way could materially diminish the appraised value of the Premises. 17. UTILITIES AND SERVICES. Tenant shall be responsible for all utilities which service or may service the Premises, including but not limited to water/sewer, electric service, telephone, internet, cable television and gas. Tenant shall also be responsible for rubbish removal and snow plowing of Premises. 18. INSURANCE. In addition to Workers Compensation insurance as required by law, Tenant shall maintain business owner’s liability insurance with limits of at least as follows: General Aggregate $2,000,000.00 Liability and Medical Expenses (per occurrence) $1,000,000.00 Liquor Liability (each common cause/aggregate) $1,000,000.00/$2,000,000.00 Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force. Landlord shall have the right to require that the Landlord receive notice of any termination of such insurance policies. Landlord shall maintain fire and extended coverage insurance at the Premises, at limits deemed reasonable by Landlord. 19. SUBORDINATION OF LEASE. This Lease is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises. 20. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned by the Tenant, nor shall there be a sublease of the Premises by the Tenant, without written consent of the Landlord, which consent may be withheld for any reason. In the case of any sublease of the Premises, Tenant shall remain responsible for compliance with all terms and conditions of the Lease. Tenant shall further have the right, without Landlord’s prior written consent, to assign or sublet the Premises to: (i) any business entity which, at the time of such assignment or lease, controls, or is controlled by or is under common control with Tenant or holds the majority of the Tenant’s stock; (ii) any business entity which succeeds Tenant as a result of merger, consolidation or reorganization of Tenant; or (iii) any entity which purchases substantially all of the assets of Tenant at the Premises, or to which Tenant is mandated by governmental requirement as a condition of any merger, consolidation purchase or sale to transfer to divest itself of all of the deposits located at the Premises. All of the foregoing under (i), (ii), and (iii) above shall hereinafter be referred to as “Business Assignments”. Tenant shall provide Landlord written notice of any such Business Assignment. 21. COMPLIANCE WITH LAWS. Tenant shall comply with all federal, state, and local governmental laws, ordinances, and regulations applicable to the use of Premises, and shall 6 promptly comply with all governmental orders and directives for the correction, prevention, and abatement of nuisances in, upon, or connected with the Premises, all at Tenant's sole expense. Tenant warrants that all improvements or alterations of the Premises made by Tenant or Tenant's employees, agents or contractors, either prior to Tenant's occupancy of the Premises or at any time during the term of this Lease, will comply with all such applicable laws. Any and all such improvements or alterations may be made only with Landlord’s express prior consent, as set forth in Section 16. In addition, Tenant warrants that its use of the Premises will be in strict compliance with all applicable laws, and that Tenant shall not store or use on the premises any hazardous substances as the same may be defined by any applicable law. Tenant agrees, warrants, and represents that it will comply with all legal requirements and exercise best practices as to storage of flammable materials, proper daily housekeeping, and maintain the Premises in a good and safe condition at all times. 22. LANDLORD’S LIEN. Landlord shall have a statutory landlord's lien and in addition, is hereby given an express landlord's lien as security for the fixed rent herein reserved, as well as any of the other charges or expenses elsewhere hereinabove or hereinafter designated as "additional rent" upon all of the goods, wares, chattels, implements, fixtures, furniture, tools, machinery and other personal property which Tenant now or at any time hereafter owns and placed in or upon the demised Premises. 23. DESTRUCTION OF PREMISES AND FORCE MAJEURE. If the Premises shall be damaged or destroyed in whole or in part by fire, casualty or other causes covered by Landlord's insurance, Landlord shall promptly and diligently restore the Premises to their condition immediately prior to such destruction or damage, provided that, in Landlord's reasonable estimation, such repairs can be made within sixty (60) days of such destruction or damage. Tenant shall, upon substantial completion by Landlord, promptly and diligently, and at its sole cost and expense, repair and restore any improvements to the Premises made by Tenant to the condition thereof prior to such destruction or damage. If, in Landlord's reasonable estimation, the Premises cannot be restored within sixty (60) days of such damage or destruction, Landlord at its option shall, by written notice to Tenant given within sixty (60) days after the date of such fire or other casualty, either (i) elect to repair or restore such damage, this Lease continuing in full force and effect, or (ii) terminate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) nor more than sixty (60) days after the date such notice is given. Each party shall be excused from performing an obligation or undertaking provided for in this Lease (other than the obligation of Tenant to pay any and all items of rent as the same become due under the applicable provisions of this Lease) so long as such performance or undertaking is prevented, delayed, or hindered by a strike, lockout, labor dispute, civil commotion, act of God, or any other cause outside and beyond such party's control. 24. ESTOPPEL CERTIFICATE. Upon Landlord's request, Tenant shall execute and deliver to the Landlord, within ten (10) days from Tenant's receipt of said request a statement in writing certifying that this Lease is in full force and effect, and setting forth the dates to which the rent and any other charges have been paid, and such statements so delivered to the Landlord may be relied upon by any prospective purchaser of, or by any holder or prospective holder of a mortgage or other security interest in the building of which the Premises are a part. Tenant's 7 failure to deliver such statements within such time shall be conclusive upon Tenant that this Lease is in full force and effect, without modification, except as may be represented by Landlord, that there are no defaults in Landlord's performance, and that not more than one (1) rental payment has been paid in advance. 25. LANDLORD’S RIGHT TO ENTER THE PREMISES. Landlord shall retain duplicate keys to all doors of the Premises. Tenant shall not change the locks on any entrance to the Premises, nor add additional locks, without Landlord’s express consent and without providing keys for the same to Landlord. Upon Tenant's written request to Landlord, Landlord will make a reasonable change of locks on behalf of Tenant at Tenant's sole cost and expense. Landlord and its agents, employees and independent contractors shall have the right to enter the Premises at all times in the event of an emergency, and at reasonable hours to make repairs, additions, alterations, and improvements that are required by this Lease or are otherwise performed with Tenant's prior consent; to exhibit the Premises to prospective purchasers, lenders or tenants, but Landlord may enter to exhibit the Premises to prospective tenants only during the last twelve (12) months of the Term or following any event of default for as long as such event of default remains uncured; and to inspect the Premises to ascertain that Tenant is complying with all of its covenants and obligations hereunder. Landlord agrees to use reasonable efforts to minimize any interference with Tenant's business caused by such entry. Landlord shall, except in case of emergency, afford Tenant such prior notification of an entry into the Premises as shall be reasonably practicable under the circumstances, and shall make a good faith effort to provide Tenant with notice of twenty-four (24) hours. During such time as such work is being carried on in or about the Premises, payments provided herein shall not abate and Tenant waives any claim or cause of action against Landlord for damages by reason of interruption of Tenant's business or loss of profits therefrom because of the prosecution of any such work or any part thereof. 26. QUIET ENJOYMENT. Landlord represents and warrants that it has the full right and authority to enter into this Lease and that Tenant, while paying the rental and performing its other covenants and agreements contained in this Lease, shall peaceably and quietly have, hold and enjoy the Premises for the Term without hindrance or disturbance from Landlord, subject to the terms and provisions of this Lease, inclusive of the right of the Landlord to enter, as set forth in Section 25. 27. INVALIDITY OF CERTAIN PROVISIONS. If any provision of this Lease shall be invalid or unenforceable, the remainder of the provisions of this Lease shall not be affected thereby and each and every provision of this Lease shall be enforceable to the fullest extent permitted by law. 28. RENEWAL RIGHT. Tenant will be granted one (1) two (2) year lease extension with the said extension term to commence on July 1, 2025 (the “Renewal Term Commencement Date”). Tenant shall exercise the option described herein by giving the Landlord written notice of its intention to exercise the option to renew (the “Renewal Intention Notice”) not later than the day which is three (3) months prior to the expiration date (the “Renewal Term Commitment Date”). The right of Tenant to renew this Lease shall be conditional upon that there shall be no Event of Default (i) at the time the Renewal Intention Notice is submitted or (ii) as of the Renewal Term Commitment Date. This renewal right is further subject to the Landlord and 8 Tenant coming to an agreement on the amount of the lease payments during the extension period. Should the parties be unable to agree upon the amount of the lease payments, this renewal right shall terminate and the lease will expire at the end of the lease term specified in Paragraph 2 above. All other terms, covenants, and conditions of this Lease shall continue in full force and effect during the Renewal Term unless otherwise agreed at the time by the Landlord and the Tenant. Executed as a sealed instrument as of the 1st day of July, 2023. LANDLORD: MIAMI STUFF, LLC ____________________________ By: ______________, Manager TENANT: BREWSTER PICO, LLC ____________________________ By: ______________, Manager MA SOC Filing Number: 202398662730 Date: 611512023 3:41:00 PM Secretary of the Commonwealth, Corporations Division One Ashburton Place, 17th floor Boston, MA 02105-1512 Telephone: (617) 727-9640 Certificate of Amendment Identification Number: 001640038 The date of filing of the original certificate of organization: 2/27/2023 1,a, gxact name of the limited liability company: GUAPOS TACO SHACK, LLC 1.b. The exact name of the limited liability company as amended, Is: BREWSTER PICO, LLC 2a. Location of its principal office: No, and Street; 239 UNDERPASS RD. City or Town: BREWSTER State: MA Zip: 02631 Country: USA 3. As amended, the general character of business, and if the limited liability company is organized to render professional service, the service to be rendered: THE GENERAL CHARACTER OF THE BUSINESS OF THE COMPANY IS THE OWNERSHIP AND MANAGEMENT OF A RESTAURANT AND TO OTHERWISE ENGAGE IN ANY LAWFUL ACT OR 4. The latest date of dissolution, If specified: 5. Name and address of the Resident Agent: Name: No. and Street: City or Town: BERNARDO P, MACEDO 28 SANDY MEADOW WAY EA.STHAM State: MA Zip: 02642 Country: USA 6. The name and business address of each manager, if any: Title Individual Name First, Middle, Last, Suffix Address (no PO Box) Address, City or Town, State, Zip Code MANAGER THOMAS R. KENNEDY JR, PO BOX 128 SOUTH HARWICH, MA 02861 USA MANAGER PATRICIA KENNEDY PO BOX 128 SOUTH HARWICH, MA 02861 USA MANAGER BERNARDO P. MACEDO 28 SANDY MEADOW WAY EASTHAM, MA 02642 USA 7. The name and business address of the person(s) In addition to the manager(s), authorized to execute documents to be filed with the Corporations Division, and at least one person shall be named If there are no managers. Title Individual Name First, Middle, Last, Suffix Address (no AO Box) Address, City or Town, Slate, Zip Code SOC SIGNATORY JAMES M NORCROSS 156 CROWELL ROAD CHATHAM, MA 02633 USA 8. The name and business address of the person(s) authorized to execute, acknowledge, deliver and record any recordable instrument purporting to affect an interest in real property: Title Individual Name First, Middle, Lest, Suffix Address (no PO Box) Address, City or Town, State, zip Coda REAL PROPERTY BERNARDO P. MACEDO 28 SANDY MEADOW WAY EASTHAM, MA 02642 USA REAL PROPERTY • THOMAS R. KENNEDY JR. PO SOX 128 SOUTH HARWICH, MA 02661 U5A REAL PROPERTY PATRICIA KENNEDY PO BOX 128 SOUTH HARWICH, MA 02661 USA R 9. Additional matters: 10. State the amendments to the certificate: THE NAME OF THE LLC HAS BEEN CHANGED TO BREWSTER PICO, LLC 11. The amendment certificate shall be effective when filed unless a later effective date is specified: SIGNED UNDER THE PENALTIES OF PERJURY, this 1S Day of June, 2023, JAMES M. NORCROSS , Signature of Authorized Signatory. ® 2001 - 2023 Commonwealth of Massachusetts All Rights Reserved MA SOG Filing Number: 202398662730 Date: 6/15/2023 3:41:00 PM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: June 15, 2023 03:41 PM WILLIAM FRANCIS GALVIN Secretary of the Commonwealth 239 UNDERPASS RD., BREWSTER, MA 02631 PICOSBREWSTER.COM 774-487-1004 SERVED DAILY FROM: SUNDAY–THURSDAY 11AM-8PM FRIDAY–SATURDAY 11AM-9PM SIDES Mexican Rice $6 Black Beans $6 Pico de Gallo $7 Guacamole $10 Salsa $5 Fries $7 Tortilla Chips $6 SAUCES Birria Al Pastor Broth $2 Buffalo Sauce $2 Caper Aioli $2 Cilantro Chipotle Sauce $2 Honey Habanero Sauce $2 House made Smoked BBQ Chipotle $2 Ranch $2 Smoked Chimichurri Aioli $2 Spicey Honey Vinaigrette $2 Yogurt Lime $2 SALAD MEXICAN CHOPPED SALAD $16 romaine, edamame, onion, olives, grilled corn, tomato, bell pepper, cojita cheese, sweet & hot honey vinaigrette GF GF GF GF GF GF GF GFV GF Gluten free GFV Gluten free + vegetarian Vegan Contains shellfish STREET CORN (ELOTE) $12 authentic Mexican street corn (off the cob), cotija cheese spread, house spices & scallions CHIPS $6 house fried chips SALSA $5 Pico’s signature salsa roja GUACAMOLE $10 Pico’s signature guacamole TACOS with chips & salsa 3 corn shell tacos per order RIBEYE TACO $22 Cowboy butter ribeye tacos with guac, pico de gallo & house smoked chimichurri aioli BAJA FISH TACO $18 tempura fried cod tacos, cabbage, pico de gallo BIRRIA AL PASTOR $22 braised al pastor pork tacos, pepper jack cheese, cilantro & onions, with al pastor broth for dipping GROUND BEEF TACO $17 ground beef tacos with pico de gallo, shredded pepper jack cheese, shredded lettuce VEGGIE TACO $16 veggie tacos with black beans, grilled corn, guacamole, cojita cheese CHICKEN TACO $16 grilled chicken tacos with pico de gallo, shredded lettuce & shredded pepper jack cheese LARGER PLATES PICO’S BURRITO $21 black beans, Mexican rice, guacamole & pico de gallo choice of: grilled chicken, steak, ground beef, shrimp, pork, veggie SURF ‘N’ TURF BURRITO $24 Cowboy steak, citrus shrimp, black beans, Mexican rice, guacamole, pico de gallo CAPE COD FISH ‘N’ CHIP BURRITO $23 Cape Cod Potato Chip crusted cod, French fries, pickled cabbage, caper aioli PICO’S BURGER $18 Wagyu beef, pepper jack cheese, lettuce, guacamole, pico de gallo, house made chipotle sauce, on potato bun Please let us know about any dietary restrictions or allergies. SHACK SNACKS AVOCADO BITES $16 fresh fried & served with cilantro chipotle sauce for dipping CHICKEN TENDERS & FRIES $16 served with house made ranch CHICKEN WINGS $17 house fried chicken wings served with honey habanero sauce COWBOY NACHOS $20 Cowboy butter ribeye, melted pepper jack cheese, jalapeño, red bell pepper, black olives, grilled corn, pico de gallo BEVERAGES Coca Cola $5 Soda Cola Mexicane $5 Jarrito Orange Mandarin $4 Jarrito Pineapple $4 Jarrito Citrus Lime Flavor $4 Jarrito Tamarind $4 Red Bull $7 Orange Fanta $5 Panna Water $5 San Pellegrino Sparkling $5 GFV GF GF GF GF GF GF GF GF GF GF GF GF GFV 6 Dx[r em• Qc@ Gutij® alcus wit cornm Rloua ©VW laksp row edugLk Wsggn Trefiw Date:July 5,2023 From:Amanda Bebrin,Chair,Bay Property Planning Committee To:Ned Chatelain,Chair,Select Board Subject:Brewster Town Open House &Volunteer Appreciation Event,September 2023 To Ned and the Select Board: At our June 6th meeting,the BPPC discussed and expressed support for an event at the Bay Property this fall.As you know,the BPPC is charged with interim uses (as well as long-term planning)and has provided opportunities for the public to access the property through a variety of events.Since First Light Beach and the Brewster Community Pool are summer amenities,the Committee is trying to find ways to use the property in the off-season as well,where feasible. I serve on the BPPC as the representative from Vision Planning,which is working on the draft Local Comprehensive Plan (LCP).Actions in the Governance building block talk about volunteer recruitment for town boards and committees,and prioritizing volunteer appreciation for all the people who currently contribute their time and talents to running our wonderful town. The intersection of these two threads is the event the BPPC is proposing:a town “open house”and volunteer appreciation event,tentatively scheduled Saturday,September 30th,2023.The morning portion would be a “job fair”-style open house,where boards and committees can host tables and speak with residents about their charges and current projects.We can flag which committees have vacancies,and residents would have an opportunity to speak with current members to get a feel for the work and if it’s a good fit for them. With 40+boards and committees in town,this is a great opportunity to showcase how many people are involved in deliberating on,and moving forward,Brewster’s many priorities and projects.The afternoon portion would be an appreciation luncheon for our wide range of volunteers,thanks to whom we are able to make critical decisions all year round.Our town’s culture of civic engagement and responsibility is nowhere more evident than in this group of people,and an afternoon of celebration and accolades is very much warranted. I am happy to answer any questions you have,and look forward to working together to bring this to fruition for all of Brewster’s benefit and enjoyment. 1 Donna Kalinick From:Peter Lombardi Sent:Wednesday, April 19, 2023 9:39 AM To:Erika Mawn; Donna Kalinick Cc:Susan Broderick; Colette Williams Subject:FW: City Hosting Boards and Commissions Fair May 4th This is an interesting idea… Maybe something we could do this summer after reappointment season is done and we know how many openings we have. Peter Lombardi Town Manager Town of Brewster 508-896-3701 x. 1128 Brewster Town Offices are open to the public Monday through Thursday from 8:30am to 4:00pm, and by appointment on Fridays. From: Peter Lombardi <p.lombardi@hotmail.com> Sent: Wednesday, April 19, 2023 9:37 AM To: Peter Lombardi <plombardi@brewster-ma.gov> Subject: Fw: City Hosting Boards and Commissions Fair May 4th From: cmsmailer@civicplus.com <cmsmailer@civicplus.com> on behalf of Newburyport, MA <cmsmailer@civicplus.com> Sent: Tuesday, April 18, 2023 5:42 PM To: p.lombardi@hotmail.com <p.lombardi@hotmail.com> Subject: City Hosting Boards and Commissions Fair May 4th City Hosting Boards and Commissions Fair May 4th The City of Newburyport will be hosting a Boards, Commissions and Volunteer Fair to highlight opportunities to volunteer with the City of Newburyport. WHEN: Thursday, May 4, from 6 to 7:30 p.m. WHERE: Newburyport City Hall Auditorium, 60 Pleasant St, Newburyport, MA 01950 WHAT: The City of Newburyport will hold its inaugural Boards, Commissions & Volunteer Fair. Attendees will be able 2 to “shop” the City’s 27 all-volunteer boards and commissions and learn more about opportunities to volunteer within the community. Representatives of each organization will be on hand for one-on-one conversations about the work they do, the agenda for the near future and how the attendees’ talent, time and interests might be best engaged. Representatives of the City’s Boards and Commissions will also provide important information on how the application and appointment process works. Members from the below list of Boards, Commissions, and Advisory Committees will be present, and the public is invited to join and learn more about all of these organizations. Affordable Housing Trust Board of Health Board of Registrars Board of Water and Sewer Commissioners Commission on Disability Community Preservation Act Committee Conservation Commission Council on Aging Cultural Council Diversity, Equity, and Inclusion (DEI) Alliance Emma L. Andrews Library Commission Energy Advisory Committee Fruit Street Local Historic District Committee Harbor Commission Historical Commission Human Rights Commission Library Board of Directors Newburyport Housing Authority Newburyport Pride Board Open Space Committee Parks Commission Planning Board Resiliency Committee Tree Commission Trust Fund Commission Waterfront Trust Zoning Board of Appeals Read more Brewster Fire Department 1671 Main Street Brewster, MA 02631 Phone 508-896-7018 Fax 508-896-4245 TO: Select Board FROM: Fire Chief Moran CC: Town Manager P- r Lombardi Finance Director Mimi Bernardo Deputy Fire Chief Kevin Varley DATE: 7/6/23 RE: Budget Transfer The fire department is requesting a transfer of funds to cover an unanticipated budget deficit of approximately $8,200.00 within our Fiscal Year 23 budget. Reasons for this request include. • Overtime: Increased overtime expenses directly linked to maintaining five person minimum staffing levels required to cover multiple vacant positions and member injuries. • Utilities: Increased utility costs. • Station R&M Building: Unanticipated HVAC repairs. • PPE: Purchase of safety gear for new hires including contractually obligated personal protective equipment (PPE), severe weather gear, and self-contained breathing apparatus (SCBA) masks. (Approximately $6,500 ea.) • Medical Expense: Medical exams, background checks, specialist doctor costs for firefighter candidates and new hires, (Approximately $11,000.00) • Contracted Services: Increased costs related to record management system, fire and EMS reporting system, on-line training program, fire prevention and building code access, employee management software. TOWN OF BREWSTER 2198 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-3701 EXT 1147 FAX:(508)896-8089 ACCOUNTANT@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF TOWN ACCOUNTANT July 6, 2023 To: The Brewster Selectboard & the Brewster Finance Committee From: Mimi Bernardo, Finance Director RE: FY23 Year End Transfers per M.G.L. Chapter 44, Section 33B (b) Dear Brewster Selectboard & Brewster Finance Committee, I am writing to request authorization for transferring the following funds per MGL Ch44 s33B (b): TRANSFER TO: Fire Department Overtime $10,000 TRANSFER FROM: General Fund Health Insurance $10,000. Note: Amount transferred will be the actual deficit (not to exceed $10,000) when all FY23 expenses have been posted to the ledger; Final amounts will not be known until 7/15/23. The current available balance in the Health Insurance budget is $317,011.73. Thank you for your consideration. Account Name Budget Expended Available Balance Full Time Wages 1,902,053 (1,748,122)153,931 Overtime Wages 424,700 (591,739)(167,039) Other Wages 137,717 (85,380)52,337 Outstanding Payroll -(45,614)(45,614) Subtotal Wages 2,464,470 (2,470,855)(6,385) Operating Expenses 659,350 (657,717)1,633 Outstanding Invoices -(3,500)(3,500) Subtotal Expenses 659,350 (661,217)(1,867) - Grand Total 3,123,820 (3,132,071)(8,251) FY23 Fire Department Budget to Actual Expenses as of 7/7/2023 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 TownManager@brewster-ma.gov TO: Select Board FROM: Conor Kenny, Town Project Manager CC: Peter Lombardi, Town Manager and Donna Kalinick, Assistant Town Manager RE: Closing of Long Pond Town Landing DATE: 7/5/2023 The upcoming Long Pond Town Landing project seeks to provide efficient and safe boat access at Long Pond. The current aging boat ramp contains large potholes and poses a safety risk in its current condition. Design plans include construction of a new boat ramp, creating a second entrance to the parking area to better separate beach and boat traffic, and improving boat trailer parking. The proposed design also includes a greater level of stormwater treatment and control. The project is expected to be completed by late Spring 2024. The Town went out to bid for the project and selected Speakman Excavation of Harwich, MA as the contractor. Chris Miller, Natural Resources Director and Griffin Ryder, Public Works Director will share oversight of the project, along with our engineer, Horsley Witten. In order to allow the contractor to complete this work, we are requesting that the Select Board vote to close public access to the Long Pond Town Landing from September 5 through December 1, 2023. We may require additional closures in Spring 2024 to complete finish work and landscaping. We will keep the Board apprised of the progress of the project. Office of: Select Board Town Manager Project Number:Registration: PROJECT LOCUS la s t m o d i f i e d : 0 1 / 0 5 / 2 3 p r i n t e d : 0 1 / 0 5 / 2 3 b y m l H: \ P r o j e c t s \ 2 0 1 7 \ 1 7 0 9 0 B r e w s t e r L o n g P o n d R a m p \ D r a w i n g s \ 1 7 0 9 0 C V . d w g 1 2 3 4 5 6 7 Checked By: Drawn By: Designed By: Date Issued: Sheet Number: Revisions Appr.Rev.Date By Description Graphic Scale 1 inch = 250 feet Drawing Number: Horsley Witten Group, Inc. Sustainable Environmental Solutions www.horsleywitten.com Headquarters 90 Route 6A Sandwich, MA 02563 (508) 833-6600 voice (508) 833-3150 fax 294 Washington Street Suite 801 Boston, MA 02108 (857) 263-8193 voice (617) 574-4799 fax 55 Dorrance Street Suite 403 Providence, RI 02906 (401) 272-1717 voice (401) 439-8368 fax Prepared By: Plan Set: Prepared For: MASSACHUSETTS SCALE IN FEET North Graphic Scale BREWSTER North SCALE IN FEET Graphic Scale LONG POND TOWN BEACH BOAT RAMP & PARKING IMPROVEMENTS BREWSTER, MASSACHUSETTS CONSTRUCTION DRAWINGS JANUARY 2023 17090 of1 10 LONG POND TOWN BEACH BOAT RAMP & PARKING IMPROVEMENTS BREWSTER, MASSACHUSETTS Brewster Department of Natural Resources 2198 Main Street Brewster, MA 02631 (508) 525-9135 JANUARY 2023 MCL MCL RAC 1:150000 1500000 1:12000 120000 113 R2 Water Street Exeter, NH 03833 (603) 658-1660 voice 1C - SITE SITE SITE Sheet List Table Sheet Number Sheet Title 1 COVER 2 NOTES 3 EXISTING CONDITIONS 4 SITE PREPARATION 5 SITE PLAN 6 GRADING PLAN 7 PLANTING PLAN 8 CONSTRUCTION DETAILS (1) 9 CONSTRUCTION DETAILS (2) 10 PLANTING DETAILS LONG POND CROWELLS BOG ROAD BLACK POND HARWICH ROAD (ROUTE 124) WINSTEAD ROAD STORMWATER FACILITY OPERATION & MAINTENANCE: 1.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROPER INSPECTION AND MAINTENANCE OF ALL STORMWATER MANAGEMENT FACILITIES UNTIL SUCH TIME THAT THE ROADWAYS AND ASSOCIATED UTILITIES ARE ACCEPTED BY THE OWNER AND THE ENGINEER. 2.THE CONTRACTOR SHALL INSPECT AND RESTORE/CLEAN ALL FACILITIES (INLETS, MANHOLES, TREATMENT AREAS, ETC.) OF SEDIMENT AND DEBRIS PRIOR TO THE OWNER'S ACCEPTANCE. 3.ALL SEDIMENT AND DEBRIS SHALL BE DISPOSED OF PROPERLY IN A PRE-APPROVED LOCATION AS APPROVED BY THE TOWN. 4.THE CONTRACTOR SHOULD REFER TO THE ORDER OF CONDITIONS FOR ADDITIONAL INFORMATION PERTAINING TO STORMWATER FACILITY OPERATION AND MAINTENANCE REQUIREMENTS. 5.ALL STORMWATER FACILITIES SHALL BE INSPECTED BY THE CONTRACTOR AFTER EVERY MAJOR RAINFALL EVENT FOR THE ENTIRE DURATION OF THE CONSTRUCTION PROJECT AND THE FIRST 3 MONTHS AFTER CONSTRUCTION TO ENSURE PROPER STABILIZATION AND CONSTRUCTION. 6.SPECIFIC ANNUAL MAINTENANCE SHALL BE AS FOLLOWS: A.DRAINAGE STRUCTURES (INLETS, MANHOLES & CATCH BASINS): ALL DRAINAGE STRUCTURES WILL BE INSPECTED ANNUALLY TO MONITOR FOR PROPER OPERATION, COLLECTION OF LITTER OR TRASH, AND STRUCTURAL DETERIORATION. THE BASINS WILL BE CLEANED OF SEDIMENT (INCLUDING SUMPS) AS NECESSARY, AND REPAIRED WHEN REQUIRED. B.STONE SCOUR PROTECTION: STONE AT THE OUTFALLS WILL BE INSPECTED ANNUALLY AND REPAIRED AS NECESSARY. C.INFILTRATION CHAMBERS: THE CHAMBERS WILL BE INSPECTED ANNUALLY TO ENSURE THAT DESIGN INFILTRATION RATES ARE BEING MET. IF SEDIMENT OR ORGANIC DEBRIS BUILD-UP HAS LIMITED THE INFILTRATION CAPABILITIES AND BUILT UP WITHIN THE CHAMBERS THE SYSTEM SHALL BE CLEANED IN ACCORDANCE WITH THE MANUFACTURER'S REQUIREMENTS. D.WET SWALE TREATMENT AREAS: THE WET SWALE TREATMENT AREAS WILL BE INSPECTED TWICE ANNUALLY FOR THE FIRST YEAR OF OPERATION AND ANNUALLY AFTER THE FIRST YEAR, AND AFTER STORM EVENTS GREATER THAN OR EQUAL TO THE 1-YEAR, 24-HOUR PRECIPITATION EVENT. GENERAL MAINTENANCE OF WET SWALE SYSTEMS FALLS UNDER LANDSCAPING PRACTICES. THE PLANTING SOIL BED WILL BE MONITORED FOR PROPER PH, EROSION, AND AERATION. ILL-ESTABLISHED, DEAD OR SEVERELY DISEASED PLANTS WILL BE REMOVED AND REPLACED ANNUALLY. SEDIMENT BUILD-UP IN THE FOREBAY AREA WILL BE REMOVED AS NEEDED. E.ROUTINE MAINTENANCE: OTHER ROUTINE MAINTENANCE WILL INCLUDE REMOVAL OF TRASH AND LITTER FROM PAVED AND PERIMETER AREAS, AND ANNUAL STREET AND PARKING LOT SWEEPING AFTER THE SPRING THAW TO AVOID EXCESSIVE ACCUMULATION OF SEDIMENT IN THE DRAINAGE SYSTEM. THE PIPES DRAINING THE PROJECT WILL BE INSPECTED ANNUALLY FOR PROPER FLOW. NOTE: OPERATION AND MAINTENANCE CHECKLIST AVAILABLE UPON REQUEST GENERAL CONSTRUCTION NOTES 1.ALL SITE PREPARATION NECESSARY TO COMPLETE THIS PROJECT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR. 2.ALL NECESSARY POLICE DETAIL SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. CONTRACTOR SHALL COORDINATE WITH THE LOCAL POLICE DEPARTMENT. 3.THE CONTRACTOR SHALL MAKE ALL NECESSARY CONSTRUCTION NOTIFICATIONS AND APPLY FOR AND OBTAIN ALL NECESSARY CONSTRUCTION PERMITS, PAY ALL FEES INCLUDING POLICE DETAILS AND POST ALL BONDS, IF NECESSARY, ASSOCIATED WITH THE SAME, AND COORDINATE WITH THE OWNER AND THE ENGINEER. 4.ALL EXISTING CONDITIONS SHOWN SHALL BE CONSIDERED APPROXIMATE AND ARE BASED ON THE BEST INFORMATION AVAILABLE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THAT THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS DO NOT CONFLICT WITH ANY KNOWN EXISTING OR OTHER PROPOSED IMPROVEMENTS. IF ANY CONFLICTS ARE DISCOVERED, THE CONTRACTOR SHALL NOTIFY THE OWNER AND THE ENGINEER PRIOR TO INSTALLING ANY PORTION OF THE SITE WORK WHICH WOULD BE AFFECTED. 5.THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AND STRUCTURES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF VARIOUS UTILITY COMPANIES, AND WHEREVER POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THIS INFORMATION IS NOT TO BE RELIED UPON AS BEING EXACT OR COMPLETE. THE LOCATION OF ALL UNDERGROUND UTILITIES AND STRUCTURES SHALL BE VERIFIED IN THE FIELD BY THE CONTRACTOR PRIOR TO THE START OF CONSTRUCTION. THE CONTRACTOR MUST CONTACT THE APPROPRIATE UTILITY COMPANY, ANY GOVERNING PERMITTING AUTHORITY IN THE TOWN, AND "DIGSAFE" (1-888-344-7233) AT LEAST 72 HOURS PRIOR TO ANY EXCAVATION WORK IN PREVIOUSLY UNALTERED AREAS TO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RESOLVE CONFLICTS BETWEEN THE PROPOSED UTILITIES AND FIELD-LOCATED UTILITIES AND SHALL REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY. THE ENGINEER ASSUMES NO RESPONSIBILITY FOR DAMAGES INCURRED AS A RESULT OF UTILITIES OMITTED, INCOMPLETELY OR INACCURATELY SHOWN. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING ACCURATE RECORDS OF THE LOCATION AND ELEVATION OF ALL WORK INSTALLED AND EXISTING UTILITIES FOUND DURING CONSTRUCTION FOR THE PREPARATION OF THE AS-BUILT PLAN. 6.THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING ALL EXISTING UTILITIES IN WORKING ORDER AND FREE FROM DAMAGE DURING THE ENTIRE DURATION OF THE PROJECT. ALL COST RELATED TO THE REPAIR OF UTILITIES SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. EXCAVATION REQUIRED WITHIN THE PROXIMITY OF EXISTING UTILITY LINES SHALL BE DONE BY HAND. CONTRACTOR SHALL REPAIR ANY DAMAGE TO EXISTING UTILITY LINES OR STRUCTURES INCURRED DURING CONSTRUCTION OPERATIONS AT NO COST TO THE OWNER. 7.THE CONTRACTOR SHALL UTILIZE ALL PRECAUTIONS AND MEASURES TO ENSURE THE SAFETY OF THE PUBLIC, ALL PERSONNEL AND PROPERTY DURING CONSTRUCTION IN ACCORDANCE WITH OSHA STANDARDS, INCLUDING BARRICADES, SAFETY LIGHTING, CONES, POLICE DETAIL AND/OR FLAG MEN AS DETERMINED NECESSARY BY THE ENGINEER AND/OR TOWN. 8. TRENCH SAFETY SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR INCLUDING ANY LOCAL AND/OR STATE PERMITS REQUIRED FOR THE TRENCH WORK. THIS WORK MAY BE REQUIRED TO TAKE PLACE OUTSIDE OF NORMAL HOURS OF OPERATION FOR THE FACILITY. THE CONTRACTOR SHALL PLAN ACCORDINGLY. 9.ALL TRENCH WORK WITHIN EXISTING PAVEMENT SHALL BE SAWCUT PER THE APPLICABLE DETAILS. TRENCH WORK BACKFILL AND COMPACTION SHALL HAVE MAX. 8-INCH LIFTS. CONTRACTOR SHALL BE REQUIRED TO REMOVE PATCH AND REPAVE AFTER ONE COMPLETE 12-MONTH CYCLE IF SETTLEMENT OCCURS DUE TO INADEQUATE COMPACTION AS DETERMINED BY THE ENGINEER WITHIN THE WARRANTY PERIOD. 10.ALL IMPORTED MATERIAL SHALL BE CLEAN. NO MATERIAL WILL BE ACCEPTED FROM AN EXISTING OR FORMER 21E SITE AS DEFINED BY THE MASSACHUSETTS CONTINGENCY PLAN 310 CMR 40.0000. 11.SITE LAYOUT SURVEY REQUIRED FOR CONSTRUCTION WILL BE PROVIDED BY THE CONTRACTOR AND SHALL BE CONDUCTED BY A MASSACHUSETTS' REGISTERED PROFESSIONAL LAND SURVEYOR. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING WITH THE SURVEYOR FOR ALL SITE SURVEY WORK. 12.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ESTABLISHING AND MAINTAINING ALL CONTROL POINTS AND BENCHMARKS DURING CONSTRUCTION INCLUDING BENCHMARK LOCATIONS AND ELEVATIONS AT CRITICAL AREAS. THE LOCATION OF ALL CONTROL POINTS AND BENCHMARKS SHALL BE COORDINATED WITH THE ENGINEER. 13.THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING ALL GRADE STAKES SET BY THE SURVEYOR. GRADE STAKES SHALL REMAIN UNTIL A FINAL INSPECTION OF THE ITEM HAS BEEN COMPLETED BY THE ENGINEER. ANY RE-STAKING OF PREVIOUSLY SURVEYED SITE FEATURES SHALL BE THE RESPONSIBILITY (INCLUDING COST) OF THE CONTRACTOR. 14.UNLESS OTHERWISE SPECIFIED ON THE PLANS AND DETAILS/SPECIFICATIONS, ALL SITE CONSTRUCTION MATERIALS AND METHODOLOGIES ARE TO CONFORM TO THE MOST RECENT VERSION OF THE MASSACHUSETTS DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS (THE MASSACHUSETTS HIGHWAY DEPARTMENT 2022 STANDARD SPECIFICATIONS FOR HIGHWAYS AND BRIDGES AND THE MARCH 31, 2022 SUPPLEMENTAL SPECIFICATIONS). 15.CONSTRUCTION SHALL BE PERFORMED IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS REGARDING NOISE, VIBRATION, DUST, SEDIMENTATION CONTAINMENT, AND TRENCH WORK. 16.SOLID WASTES SHALL BE COLLECTED AND STORED IN A SECURED DUMPSTER. THE DUMPSTER SHALL MEET ALL LOCAL AND STATE SOLID WASTE MANAGEMENT REGULATIONS. 17.THE CONTRACTOR SHALL RESTORE ALL SURFACES EQUAL TO THEIR ORIGINAL CONDITION AFTER CONSTRUCTION IS COMPLETE. AREAS NOT DISTURBED BY CONSTRUCTION SHALL BE LEFT NATURAL. THE CONTRACTOR SHALL TAKE CARE TO PREVENT DAMAGE TO SHRUBS, TREES, OTHER LANDSCAPING AND/OR NATURAL FEATURES. WHEREAS THE PLANS DO NOT SHOW ALL LANDSCAPE FEATURES, EXISTING CONDITIONS MUST BE VERIFIED BY THE CONTRACTOR IN ADVANCE OF THE WORK. 18.ALL UNPAVED AREAS DISTURBED BY THE WORK SHALL HAVE A MINIMUM OF 4-INCHES OF LOAM INSTALLED AND BE SEEDED WITH GRASS SEED AS SHOWN ON THE PLAN AND/OR DIRECTED BY THE ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING ANY LOAM AND SEEDED AREAS UNTIL LAWN GROWTH IS ESTABLISHED AND APPROVED BY THE ENGINEER AND/OR OWNER. 19.ALL PROPOSED STRUCTURES SHALL BE DESIGNED BY THEIR MANUFACTURERS FOR AASHTO H-20 LOADING. PRECAST CONCRETE SHALL HAVE A MINIMUM 28-DAY STRENGTH OF 4000 PSI UNLESS OTHERWISE NOTED HEREIN. 21.A HIGH WATER TABLE IS ANTICIPATED. IF THE WATER TABLE IS ENCOUNTERED DURING EXCAVATION, THE WATER TABLE SHALL BE TEMPORARILY LOWERED BY PUMPING. THE CONTRACTOR SHALL INSTALL A DEWATERING BAG/BASIN AND PROVIDE A DEWATERING PLAN DEPICTING PROPOSED DEWATERING LOCATION TO THE ENGINEER. THE PUMP DISCHARGE SHALL BE DIRECTED TO THIS BASIN TO PREVENT SEDIMENTS FROM LEAVING THE CONSTRUCTION AREA. THE CONTRACTOR SHALL INSTALL ADDITIONAL BASINS IF REQUIRED. INSTALL THE BASIN(S) WITHIN THE LIMIT OF DISTURBANCE. 22.LEDGE OR BOULDER EXCAVATION IS NOT ANTICIPATED FOR THIS SITE. 23.THE CONTRACTOR SHALL REGULARLY INSPECT THE PERIMETER OF THE PROPERTY TO CLEAN UP AND REMOVE LOOSE CONSTRUCTION DEBRIS BEFORE IT LEAVES THE SITE. ALL DEMOLITION DEBRIS SHALL BE PROMPTLY REMOVED FROM THE SITE TO AN APPROVED DUMP SITE. ALL TRUCKS LEAVING THE SITE SHALL BE COVERED. 24.CONCRETE TRUCKS SHALL NOT BE WASHED ONSITE. ANY CEMENT OR CONCRETE DEBRIS LEFT IN THE DISTURBED AREA SHALL BE REMOVED BY HAND AT THE CONTRACTOR'S EXPENSE. 25.BURIAL OF ANY STUMPS, SOLID DEBRIS, AND/OR STONES/BOULDERS ONSITE IS PROHIBITED. NO ROAD SALT OR OTHER DE-ICING CHEMICALS SHALL BE USED ON THE ACCESS ROADWAY. 26.IF ANY DEVIATION OR ALTERATION OF THE WORK PROPOSED ON THESE DRAWINGS IS REQUIRED, THE CONTRACTOR IS TO IMMEDIATELY CONTACT AND COORDINATE WITH THE ENGINEER AND OWNER. 27.AT THE END OF CONSTRUCTION, THE CONTRACTOR SHALL REMOVE ALL CONSTRUCTION DEBRIS AND SURPLUS MATERIALS FROM THE SITE. A THOROUGH INSPECTION OF THE WORK PERIMETER IS TO BE MADE AND ALL DISCARDED MATERIALS, BLOWN OR WATER CARRIED DEBRIS, SHALL BE COLLECTED, AND REMOVED FROM THE SITE. GENERAL GRADING AND DRAINAGE NOTES 1.ALL CUT AND FILL SLOPES SHALL BE 3:1 OR FLATTER UNLESS OTHERWISE NOTED. 2.EXISTING GRADE CONTOUR INTERVALS SHOWN AT 1 FOOT. 3.PROPOSED GRADE CONTOUR INTERVALS SHOWN AT 1 FOOT. 4.CONTRACTOR SHALL ADJUST AND/OR CUT EXISTING PAVEMENT AS NECESSARY TO ASSURE A SMOOTH FIT AND CONTINUOUS GRADE. 5.PROPOSED ELEVATIONS ARE SHOWN TO FINISH PAVEMENT OR GRADE UNLESS NOTED OTHERWISE. 6.ALL EARTHWORK AND SITE PREPARATION SHALL BE DONE IN STRICT ACCORDANCE WITH THE RECOMMENDATIONS OF ANY SUBSURFACE INVESTIGATION OR GEOTECHNICAL REPORTS PREPARED FOR THIS SITE. 7.DRIVEWAYS AND PARKING AREAS ARE NOT TO BE PAVED UNTIL THE ENTIRE PERMANENT DRAINAGE SYSTEM HAS BEEN INSTALLED AND ALL PIPE CONNECTIONS COMPLETE. 8.DRAINAGE PIPING SHALL BE HIGH DENSITY POLYETHYLENE PIPE AND CONFORM TO AASHTO M294 CORRUGATED POLYETHYLENE PIPE. PIPE SHALL BE INSTALLED AT THE LOCATIONS INDICATED ON THE PLAN. MINIMUM CLEARANCE BETWEEN PROPOSED DRAINAGE PIPING AND OTHER UTILITIES/STRUCTURES SHALL BE 18" VERTICALLY AND 4-FT HORIZONTALLY. CPP SHALL BE CAREFULLY BACKFILLED IN ACCORDANCE WITH THE LATEST MASSACHUSETTS HIGHWAY DEPARTMENT STANDARD SPECIFICATIONS. THE MINIMUM COVER FOR HDPE PIPE IS 1'-0" FOR H-20 TRAFFIC LOADS IF INSTALLED IN ACCORDANCE WITH AASHTO SECTION 30. THIS IS BASED ON EMPIRICAL CALCULATION OF LOAD RESPONSE, MANUFACTURER'S TESTING AND FIELD EXPERIENCE WITH THE PIPE. AASHTO SPECIFICATIONS SECTION 18.4.1.5 DEFINES THE MINIMUM COVER AS "ID/8 BUT NOT LESS THAN 12 INCHES." THIS COVER IS MEASURED FROM THE PIPE OD TO THE TOP OF A RIGID (CONCRETE) PAVEMENT OR THE BOTTOM OF A FLEXIBLE (BITUMINOUS) PAVEMENT. BOTH AASHTO AND ASTM, AS WELL AS MOST MANUFACTURERS, REQUIRE ADDITIONAL (TEMPORARY) COVER FOR CONSTRUCTION LOADS GREATER THAN H-20. GENERALLY, AN ADDITIONAL 2' OF TEMPORARY COVER, MOUNDED OVER THE PIPE AND REMOVED FOR FINAL GRADING AND PAVING, IS SUFFICIENT FOR LARGE CONSTRUCTION VEHICLE LOADS. 9.BACKFILL ADJACENT TO PIPES AND STRUCTURES SHALL BE OF THE TYPE AND QUALITY CONFORMING TO THAT SPECIFIED FOR THE ADJOINING FILL MATERIAL. BACKFILL SHALL BE PLACED IN HORIZONTAL LAYERS NOT TO EXCEED SIX INCHES IN THICKNESS AND COMPACTED TO A DENSITY OF 95% OF MAXIMUM DRY DENSITY WITH A MOISTURE CONTENT WITHIN +/- 2% OF OPTIMUM. ALL COMPACTION IS TO BE DETERMINED BY AASHTO METHOD T-99. TESTING OF BACKFILL MATERIAL SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. BASIC CONSTRUCTION SEQUENCE THE FOLLOWING CONSTRUCTION SEQUENCE IS TO BE USED AS A GENERAL GUIDELINE. THE CONTRACTOR SHALL COORDINATE WITH THE OWNER, ENGINEERS, AND LANDSCAPE ARCHITECTS AND SUBMIT A PROPOSED CONSTRUCTION SEQUENCE FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. 1.SURVEY AND STAKE THE PROPOSED LIMIT OF DISTURBANCE AND LIMIT OF SEDIMENTATION BARRIERS. 2.PLACE SEDIMENTATION BARRIERS AS SHOWN ON THE PLANS AND AS STAKED OUT IN THE FIELD. IN NO CASE IS THE LIMIT OF WORK TO EXTEND BEYOND THE SEDIMENTATION BARRIERS/LIMIT OF DISTURBANCE AS SHOWN ON THE PROJECT PLANS. 3.INSTALL TEMPORARY CONSTRUCTION ENTRANCES IN LOCATIONS SHOWN ON PLANS. NO OTHER ENTRANCES SHALL BE USED TO GAIN ACCESS TO THE SITE BY ANY CONSTRUCTION OR DELIVERY VEHICLES. 4.BEGIN CLEARING THE SITE AND DEMOLITION AS REQUIRED. 5.SURVEY AND STAKE CENTERLINE OF THE PROPOSED DRIVEWAYS, STORMWATER TREATMENT AREAS, AND DRAINAGE LINES. 6.EXCAVATE AND ROUGH GRADE THE PROPOSED STORMWATER TREATMENT AREAS AND ANY ADDITIONAL TEMPORARY MEASURES NECESSARY TO CONTROL SITE RUNOFF AND SEDIMENTS. PERMANENT STORMWATER TREATMENT AREAS SHALL BE TEMPORARILY SEEDED. PERMANENT SEEDING AND PLANTING SHALL BE COMPLETED AFTER THE CONTRIBUTING AREA HAS REACHED A MINIMUM OF 80% STABILIZATION AND THE TEMPORARY MEASURES ARE NO LONGER REQUIRED. 7.BEGIN CLEARING AND GRUBBING IN AREA OF DRIVEWAYS AND STORMWATER TREATMENT AREAS. TOPSOIL IS TO BE STRIPPED FROM THE PROPOSED DRIVEWAYS AND STORMWATER TREATMENT AREAS AND STOCKPILED IN APPROVED LOCATIONS. TOPSOIL STOCKPILES ARE TO BE PROTECTED BY A SEDIMENT BARRIER. 8.INSTALL TEMPORARY CONVEYANCE DEVICES (SWALES, CHECK DAMS, ETC.) AS NECESSARY TO CONVEY RUNOFF TO TREATMENT AREAS. 9.BEGIN ROUGH GRADING AREAS FOR DRIVEWAYS AND PARKING. BRING ROUGH GRADING TO PROPER ELEVATIONS AS SOON AS PRACTICABLE. WORK SHALL PROGRESS DILIGENTLY TO MINIMIZE TIME SOILS ARE UN-STABILIZED. 10.INSTALL DRAINAGE PIPES, DRAINAGE MANHOLES AND CATCH BASINS, AND UNDERGROUND DRAINAGE STRUCTURES. WORK SHALL BEGIN AT THE STORMWATER TREATMENT AREAS AND PROGRESS UP-GRADIENT. PROTECT DISCHARGE OUTLETS WITH RIP-RAP APRONS. THE DRAINAGE NETWORK IS TO BE PROTECTED FROM SEDIMENTATION WITH SILT FENCE AND/OR SILT SOCK UNTIL ALL DISTURBED AREAS ARE STABILIZED WITH STONE SUB-BASE OR VEGETATION. INSTALL SEDIMENT BARRIERS AT ALL POINTS OF ENTRY INTO THE DRAINAGE NETWORK. PARTICULAR CARE SHALL BE TAKEN TO PROTECT THE UNDERGROUND DRAINAGE BASINS FROM SEDIMENT. 11.PERMANENTLY SEED ALL DISTURBED AREAS OUTSIDE OF THE AREA TO BE PAVED. 12.ONCE ALL UNDERGROUND WORK HAS BEEN COMPLETED, PLACE COMPACTED GRAVEL FOUNDATION AND ROUGH GRADE THE DRIVEWAYS/PARKING AREAS IN ACCORDANCE WITH THE SITE PLANS AND IN ACCORDANCE WITH APPLICABLE STATE AND LOCAL REGULATIONS AS SOON AS POSSIBLE. 13.BEGIN DRIVEWAY AND PARKING CONSTRUCTION PER SITE PLANS AND IN ACCORDANCE WITH APPLICABLE STATE AND LOCAL REGULATIONS. DRIVVEWAY AND PARKING AREAS ARE NOT TO BE PAVED UNTIL THE ENTIRE PERMANENT DRAINAGE SYSTEM HAS BEEN INSTALLED AND ALL PIPE CONNECTIONS COMPLETE. 14.FINISH PERMANENT STABILIZATION. SWEEP PAVEMENT TO REMOVE ALL SEDIMENTS. REPAIR DRAINAGE FACILITIES AS REQUIRED. THE CONTRACTOR SHALL CLEAN AND FLUSH THE DRAINAGE STRUCTURES AND PIPES AT THE END OF CONSTRUCTION AND ALL ACCUMULATED SEDIMENTS SHALL BE REMOVED. CONTRACTOR SHALL INSPECT THE DRAINAGE NETWORK AND REPAIR ANY DAMAGE IMMEDIATELY. 15.COMPLETE ALL REMAINING PLANTING AND SEEDING. 16.REMOVAL OF ALL TEMPORARY SOIL EROSION AND SEDIMENTATION CONTROL MEASURES FOLLOWING VEGETATIVE ESTABLISHMENT OF ALL DISTURBED AREAS SHALL BE APPROVED BY THE ENGINEER AND WHEN THE CONTRIBUTING AREA HAS REACHED A MINIMUM OF 80% STABILIZATION. EROSION & SEDIMENT CONTROL NOTES 1.THE SITE CONSTRUCTION FOREMAN SHALL BE DESIGNATED AS THE ON-SITE PERSONNEL RESPONSIBLE FOR THE DAILY INSPECTION AND MAINTENANCE OF ALL SEDIMENT AND EROSION CONTROLS AND SHALL IMPLEMENT ALL NECESSARY MEASURES TO CONTROL EROSION AND PREVENT SEDIMENT FROM LEAVING THE SITE. 2.THE CONTRACTOR SHALL INSTALL ALL EROSION AND SEDIMENT CONTROL (ESC) MEASURES AS SHOWN ON THE DESIGN PLANS IN CONSULTATION WITH THE TOWN, AND AS DETERMINED NECESSARY IN THE FIELD BY THE ENGINEER BEFORE ANY CONSTRUCTION ACTIVITIES ARE TO BEGIN. THESE MEASURES SHALL BE CHECKED, MAINTAINED/REPLACED AS NECESSARY DURING THE ENTIRE CONSTRUCTION PERIOD OF THE PROJECT. SUCH MEASURES SHALL REPRESENT THE LIMIT OF WORK. WORKERS SHALL BE INFORMED THAT NO CONSTRUCTION ACTIVITY IS TO OCCUR BEYOND THE LIMIT OF WORK AT ANY TIME THROUGH THE CONSTRUCTION PERIOD. 3.A MINIMUM SURPLUS OF 50 FEET OF EROSION CONTROL BARRIER (SILT FENCE AND/OR SILT SOCK) SHALL BE STOCKPILED ONSITE AT ALL TIMES. 4.THE CONTRACTOR SHALL PROTECT THE ADJACENT RESOURCE AREA FROM SEDIMENTATION DURING PROJECT CONSTRUCTION UNTIL ACCEPTANCE BY THE OWNER AND IN CONFORMANCE WITH THE ORDER OF CONDITIONS. 5.A CONSTRUCTION EXIT SHALL BE CONSTRUCTED AS SHOWN ON THE DRAWINGS TO SHED DIRT FROM CONSTRUCTION VEHICLE TIRES. THE CRUSHED STONE PAD WILL BE REPLACED/CLEANED AS NEEDED TO MAINTAIN ITS EFFECTIVENESS. 6.THE LIMIT OF ALL CLEARING, GRADING AND DISTURBANCES SHALL BE KEPT TO A MINIMUM WITHIN THE PROPOSED AREA OF CONSTRUCTION. THE CONTRACTOR SHALL PHASE THE SITE WORK IN A MANNER TO MINIMIZE AREAS OF EXPOSED SOIL. IF TREES ARE TO BE CUT ON THE ENTIRE SITE, ONLY THOSE AREAS WHICH ARE ACTIVELY UNDER CONSTRUCTION SHALL BE GRUBBED. THE REQUIRED SEDIMENTATION CONTROL FACILITIES MUST BE PROPERLY ESTABLISHED, CLEARLY VISIBLE AND IN OPERATION PRIOR TO INITIATING ANY LAND CLEARING ACTIVITY AND/OR OTHER CONSTRUCTION RELATED WORK. 7.IT IS THE CONTRACTOR'S RESPONSIBILITY TO MONITOR LOCAL WEATHER REPORTS DURING CONSTRUCTION AND PRIOR TO SCHEDULING EARTHMOVING OR OTHER CONSTRUCTION ACTIVITIES WHICH WILL LEAVE LARGE DISTURBED AREAS UNSTABILIZED. IF INCLEMENT WEATHER IS PREDICTED, THE CONTRACTOR SHALL USE THEIR BEST PROFESSIONAL JUDGEMENT WHEN SCHEDULING CONSTRUCTION ACTIVITIES AND SHALL BE RESPONSIBLE FOR ENSURING THE NECESSARY EROSION CONTROL DEVICES ARE INSTALLED AND FUNCTIONING PROPERLY TO MINIMIZE EROSION FROM ANY IMPENDING WEATHER EVENTS. 8.EROSION CONTROL MEASURES SHALL BE INSPECTED AND MAINTAINED ON A WEEKLY BASIS AND AFTER EACH RAINFALL EVENT OF 0.25 INCH OR GREATER DURING CONSTRUCTION TO ENSURE THAT THE EROSION AND SEDIMENTATION CONTROL MEASURES ARE INTACT AND FUNCTIONING PROPERLY. IDENTIFIED DEFICIENCIES SHALL BE CORRECTED IMMEDIATELY NO LATER THAN 24 HOURS AFTER IDENTIFICATION. 9.SOIL STOCKPILES LEFT OVERNIGHT SHALL BE SURROUNDED ON THEIR PERIMETERS WITH SILT SOCK AND/OR SILT FENCE AS DETERMINED NECESSARY. 10.DISTURBED AREAS AND SLOPES SHALL NOT BE LEFT UNATTENDED OR EXPOSED FOR EXCESSIVE PERIODS OF TIME (SUCH AS THE INACTIVE WINTER SEASON). THE CONTRACTOR SHOULD PROVIDE APPROPRIATE STABILIZATION PRACTICES ON ALL DISTURBED AREAS AS SOON AS POSSIBLE BUT NOT MORE THAN 14 DAYS AFTER THE CONSTRUCTION ACTIVITY IN THAT AREA HAS TEMPORARILY OR PERMANENTLY CEASED, TEMPORARY AREAS HAVING A SLOPE GREATER THAN 3:1 SHALL BE REINFORCED WITH EROSION BLANKETS OR APPROVED EQUAL UNTIL THE SITE IS PROPERLY STABILIZED. TEMPORARY SWALES MAY ALSO BE REQUIRED IF DETERMINED NECESSARY IN THE FIELD BY THE ENGINEER. 11.THE CONTRACTOR SHALL INSTALL A SILT SACK OR APPROVED EQUIVALENT IN EACH EXISTING CATCHBASIN RECEIVING RUNOFF FROM THE SITE. UPON THE INSTALLATION OF EACH CATCH BASIN, THE CONTRACTOR SHALL INSTALL A SILT SACK OR APPROVED EQUIVALENT. CONTRACTOR TO ENSURE NO CONSTRUCTION SITE SEDIMENT ENTERS UNDERGROUND CHAMBER SYSTEMS. THESE ARE TO BE INSPECTED AFTER EACH SIGNIFICANT STORM EVENT AND REMOVED AND EMPTIED AS NEEDED DURING THE ENTIRE CONSTRUCTION PERIOD. 12.SMALL SEDIMENTATION BASINS MAY BE CONSTRUCTED ON AN AS-NEEDED BASIS DURING CONSTRUCTION TO AID IN THE CAPTURE OF SITE RUNOFF AND SEDIMENT. IT WILL BE THE RESPONSIBILITY OF THE SITE CONTRACTOR, IN CONSULTATION WITH THE ENGINEER, TO SIZE AND CREATE THESE BASINS IN APPROPRIATE LOCATIONS. 13.THE CONTRACTOR SHALL CONTAIN ALL SEDIMENT ONSITE. ALL EXITS FROM THE SITE WILL BE SWEPT AS NECESSARY INCLUDING ANY SEDIMENT TRACKING. PAVED AREAS SHALL BE SWEPT AS NEEDED TO REMOVE SEDIMENT AND POTENTIAL POLLUTANTS WHICH MAY ACCUMULATE DURING SITE WORK. 14.ACCUMULATED SEDIMENT SHALL BE REMOVED FROM ALL TEMPORARY PRACTICES AND DISPOSED OF IN A PRE-APPROVED LOCATION BY THE CONTRACTOR AS DIRECTED BY THE ENGINEER. 15.THE CONTRACTOR SHALL PROVIDE ON SITE OR MAKE READILY AVAILABLE THE NECESSARY EQUIPMENT AND SITE PERSONNEL DURING CONSTRUCTION HOURS FOR THE DURATION OF THE PROJECT TO ENSURE ALL ESC DEVICES ARE PROPERLY MAINTAINED AND REPAIRED IN A TIMELY AND RESPONSIBLE MANNER. IF SITE WORK IS SUSPENDED DURING THE WINTER MONTHS THE CONTRACTOR SHALL BE REQUIRED TO PROVIDE PERSONNEL AND EQUIPMENT EITHER ON SITE OR MAKE READILY AVAILABLE TO ENSURE ALL ESC DEVICES ARE PROPERLY MAINTAINED AND REPAIRED IN A TIMELY AND RESPONSIBLE MANNER 16.PROPER MEASURES SHALL BE IMPLEMENTED BY THE CONTRACTOR IF DEWATERING IS NECESSARY DURING CONSTRUCTION. THESE MEASURES SHALL INCLUDE DEWATERING BAGS, TEMPORARY STRAWBALES, SILT FENCES, SILT SOCKS AND/OR OTHER APPROVED DEVICES. THE DEWATERING SETUP SHALL BE APPROVED BY THE ENGINEER. 17.ALL SEDIMENT COLLECTED IN THE TEMPORARY PARTIALLY CONSTRUCTED STORMWATER TREATMENT AREAS WILL BE REMOVED AND DISPOSED OF PROPERLY PRIOR TO FILTER FABRIC AND/OR MEDIA INSTALLATION. PARTIALLY CONSTRUCTED STORMWATER TREATMENT AREAS WILL HAVE A SURFACE ELEVATION AT A MINIMUM 1-FOOT ABOVE THE BOTTOM OF MEDIA ELEVATION AS SHOWN IN ON THE DRAWINGS. THIS WILL ALLOW AN OVER-DIG OF THE COLLECTED SEDIMENT FROM WITHIN THE STORMWATER TREATMENT AREA PRIOR TO MEDIA/FABRIC INSTALLATION. 18.DUST SHALL BE CONTROLLED BY WATERING OR OTHER APPROVED METHODS AS NECESSARY, OR AS DIRECTED BY THE ENGINEER AT NO EXTRA COST TO THE OWNER. 19.THE CONTRACTOR IS RESPONSIBLE FOR THE INSPECTION AND MAINTENANCE DURING CONSTRUCTION OF ALL STORMWATER FACILITIES INSTALLED OR AFFECTED BY THE PROJECT. ANY SEDIMENT OR DEBRIS COLLECTED WITHIN THESE FACILITIES FROM THE PROJECT WORK SHALL BE REMOVED PRIOR TO THE OWNER'S ACCEPTANCE. Re v i s i o n s Ap p r . Re v . Da t e By De s c r i p t i o n 1 2 3 4 5 6 7 JA N U A R Y 2 0 2 3 M C L M C L RA C NO T E S LO N G P O N D T O W N B E A C H BO A T R A M P & P A R K I N G I M P R O V E M E N T S BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Sheet : Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 6 4 4 Ph o n e : (50 8 ) - 8 3 3 - 6 6 0 0 Fa x : (50 8 ) - 8 3 3 - 3 1 5 0 Da t e d : Ju n e 2 7 , 2 0 1 7 Br e w s t e r D e p a r t m e n t o f Na t u r a l R e s o u r c e s 21 9 8 M a i n S t r e e t Br e w s t e r , M A 0 2 6 3 1 Ph o n e : (50 8 ) 5 2 5 - 9 1 3 5 Fa x : --- - 2 1017090of la s t m o d i f i e d : 0 1 / 0 2 / 2 3 p r i n t e d : 0 1 / 0 5 / 2 3 b y m l H: \ P r o j e c t s \ 2 0 1 7 \ 1 7 0 9 0 B r e w s t e r L o n g P o n d R a m p \ D r a w i n g s \ 1 7 0 9 0 D E . d w g 2C - Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s ww w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . DEWATERING NOTES: 1.SUPPLY THE DEWATERING SYSTEMS TO: A.DEVELOP A SUBSTANTIALLY DRY AND STABLE SUBGRADE FOR THE PROPOSED WORK; B.PREVENT DAMAGE TO ADJACENT PROPERTIES, STRUCTURES, UTILITIES AND RESOURCES AREAS; C.RETAIN ALL SEDIMENTS ON-SITE WITHIN THE WORK AREA; D.PREVENT SEDIMENT DISCHARGE AND DEGRADATION OF THE RESOURCE AREA;. E.PREVENT LOSS OF FINES, QUICK CONDITION, OR SOFTENING OF SUBGRADE; AND F.MAINTAIN STABILITY OF SIDES AND BOTTOMS OF EXCAVATIONS AND TRENCHES. 2.LOCATE DEWATERING FACILITIES WHERE THEY WILL NOT INTERFERE WITH CONSTRUCTION WORK OR ABUTTING RESOURCES. 3.MODIFY DEWATERING EQUIPMENT AND PROCEDURES WHEN OPERATIONS THREATEN TO CAUSE DAMAGE TO NEW OR EXISTING FACILITIES OR ADJACENT AREAS NOT WITHIN THE LIMIT OF WORK. 4.PRIOR TO INSTALLATION OF THE DEWATERING SYSTEM, PROVIDE THE ENGINEER WITH A SCHEDULE OF DEWATERING PROCEDURES. DEWATERING SCHEDULE AND PROCEDURES ARE SUBJECT TO THE LOCAL AUTHORITY AND ENGINEER'S REVIEW AND APPROVAL AND SHALL INCLUDE AT A MINIMUM THE FOLLOWING INFORMATION: A.THE PROPOSED TYPES OF DEWATERING SYSTEMS; B.ARRANGEMENT, LOCATION AND DEPTHS OF SYSTEM COMPONENTS; C.COMPLETE DESCRIPTION OF EQUIPMENT AND INSTRUMENTATION TO BE USED INCLUDING INSTALLATION, OPERATION AND MAINTENANCE PROCEDURES; D.TYPES AND SIZES OF FILTERS (IF APPLICABLE); E.DESIGN CALCULATIONS DEMONSTRATING ADEQUACY OF THE PROPOSED SYSTEM AND EQUIPMENT; AND F.PROVISIONS AND METHODS OF SEDIMENT REMOVAL AND DISPOSAL OF WATER. G.ALL PERMITS REQUIRED FOR THE WORK, IF NECESSARY. 5.FURNISH ALL MATERIAL/PRODUCTS REQUIRED TO ADEQUATELY PROVIDE DEWATERING WITHOUT DAMAGE TO SURROUNDING PROPERTIES, EXISTING UTILITIES, AND/OR RESOURCE AREA. SUBMIT ALL PRODUCTS AND MATERIALS TO THE ENGINEER FOR REVIEW AND APPROVAL. 6.INTERCEPT AND DIVERT SURFACE WATER RUNOFF AWAY FROM EXCAVATIONS THROUGH THE USE OF DIKES, CURB WALLS, DITCHES, PIPES, SUMPS OR OTHER APPROVED MEANS. 7.IF PUMPS ARE USED, THE PUMP INTAKE LINE SHOULD NOT BE ALLOWED TO SETTLE TO THE BOTTOM OF THE EXCAVATION OR DEWATERING SUMP. 8.PROVIDE AND MAINTAIN HOLDING AREAS/TEMPORARY SETTLING BASINS OF ADEQUATE SIZE TO COLLECT AND PREVENT SURFACE AND SUBSURFACE WATER SEEPAGE FROM ENTERING THE EXCAVATIONS. DIVERT THE WATER TO SETTLING BASINS OR OTHER APPROVED EQUIPMENT REQUIRED TO REDUCE THE AMOUNT OF FINE PARTICLES BEFORE DISCHARGE INTO DRAINAGE PIPES AND NATURAL WATER COURSES. IF A DRAINAGE SYSTEM OR WATER COURSE BECOMES BLOCKED DUE TO DEWATERING OPERATION, IT MUST BE CLEANED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER. ANY ENFORCEMENT ACTIONS OR FINES RESULTING FROM IMPROPER DEWATERING AND/OR DISCHARGE OF TURBID WATER AND SEDIMENT TO PROTECTED AREAS ARE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. 9.ACCOMPLISH DEWATERING IN ACCORDANCE WITH THE MEANS AND METHODS SUBMITTED AND APPROVED BY THE ENGINEER. KEEP THE ENGINEER ADVISED OF ANY CHANGES REQUIRED TO ACCOMMODATE FIELD CONDITIONS AND, ON COMPLETION OF THE DEWATERING SYSTEM INSTALLATION, REVISE AND RESUBMIT THE INFORMATION REQUIRED TO SHOW THE INSTALLED SYSTEM. A.PERFORM DEWATERING OPERATIONS TO LOWER THE GROUNDWATER LEVEL IN EXCAVATIONS AS REQUIRED TO PROVIDE A STABLE, DRY SUBGRADE FOR THE PROSECUTION OF THE PROPOSED WORK. B.MAINTAIN DEWATERING OPERATIONS IN A MANNER THAT PREVENTS BUILDUP OF EXCESSIVE HYDROSTATIC PRESSURE AND DAMAGE TO STRUCTURES, AND THE SUBGRADE. C.DO NOT ALLOW WATER TO ACCUMULATE IN EXCAVATIONS. CONTRACTOR SHALL PROVIDE AND MAINTAIN AT ALL TIMES AMPLE MEANS AND DEVICES TO REMOVE PROMPTLY, AND TO DISPOSE OF PROPERLY, ALL WATER ENTERING EXCAVATIONS AND TO KEEP THEM DRY UNTIL THE PROPOSED WORK IS COMPLETED. D.DO NOT DISCHARGE WATER TO PROTECTED ENVIRONMENTAL RESOURCES WITHOUT TREATMENT TO REMOVE SUSPENDED SOLIDS AND SEDIMENTS. E.DO NOT LAY PIPE OR PLACE STRUCTURES IN WATER. PLACE BACKFILL PROMPTLY OR IMPLEMENT OTHER APPROVED METHODS TO PREVENT THE POSSIBILITY OF FLOTATION OF PIPE OR STRUCTURES AFTER INSTALLATION. MAS S S T A T E P L A N E BO R D E R I N G VE G E T A T E D W E T L A N D POND O R D I N A R Y HIGH W A T E R 32 WE T L A N D B U F F E R 50 ' WE T L A N D B U F F E R 10 0 ' 47 46 FL O O D FL O O D FLO O D FL O O D FL O O D FLO O D FL O O D FLOOD S44 ° 3 3 ' 3 6 " W 344 . 8 4 ' N44 ° 3 3 ' 3 6 " E 458 . 7 5 ' L =8 3.7 5 ' R =7 7.5 7 ' N4 2 ° 0 5 ' 2 5 " E 205 . 7 1 ' L=107.52' R=323.79' L=419.80' R=400.00' S65° 5 3 ' 4 4 " E 174.8 6 ' S36° 05' 34"W 26.39' L =7 4.6 6 ' R =8 9.08 ' S44° 33' 36"W 4.12' N57 ° 2 5 ' 2 0 " W 187. 0 6 ' S2 9 ° 0 7 ' 3 4 " E 43 . 3 1 ' S2 9 ° 0 7 ' 3 4 " E 21 9 . 7 7 ' S2 9 ° 0 7 ' 3 4 " E 19 2 . 7 2 ' N60° 5 2 ' 2 6 " E 50.0 0 ' N60° 52' 26"E 9.38' MAP 61 LOT 38 72 WINDSTEAD RD. N/F PALMISANO MAP 61 LOT 9 0 CROWELLS BOG RD. N/F TOWN OF BREWSTER MAP 61 LOT 26 0 LONG POND LANDING N/F TOWN OF BREWSTER MAP 61 LOT 27 114 CROWELLS BOG RD. N/F SULLIVAN MAP 61 LOT 25 154 CROWELLS BOG RD. N/F ESSIG(19 6 4 T O W N L A Y O U T - 5 0 F E E T W I D E ) N/F KAZANJIANBORDERING VEGETATED WETLAND LIFEGUARD SHED STORAGE CONTAINER EXI S T I N G B O A T R A M P LONG POND BOAT TRAILER PARKING AREA EOP / B E R M EOP/C U R B / B E R M RIPR A P ACCESSIBLE VIEWING DECK PORTABLE TOILETS BIKE RACK 33± EX. PARKING SPACES BEACH N4 2 ° 0 5 ' 2 5 " E 98. 7 2 ' CB/DH FND (DISTURBED) S57° 25' 20"E 11.57' TP-3 TP-2 UP 81/8 BENCHMARK: MAGSET EL: 43.77 WVWV H Y D 14" 14" 20" 16" 20" 12" 12" 12" 12"10" 22" 16" 24" 14" 12" 12" 10" 14" 18" 14" 36" 16" 10" 18" 18" 12" 10" UP 81/7 18" 18"16" 8" 16" 12" 20" 14" 18" 18" 16" BANK 12 BANK 11 30" BANK 10 BANK 9 BANK 8 BANK 7 BANK 6 16"16" 14" 14" 14" 18" 28" 48" BANK 2 BANK 1 BVW 1 BVW 2 18" 24" 12" 10" 12" 18" 30" 12"12"36" BVW 3 BVW 4 BVW 5 BVW 6 BVW 7 BVW 8 BVW 9 BVW 10 BVW 100 BVW 101BVW 102 BVW 103 BVW 104 BVW 105 BVW 106 BENCHMARK: MAGHUB EL: 46.34 9" 12" 8" 16" 8" 20" 6" 6" 6"12" 6"20" 8" 12"14" 12" 14" 12" 20" 10" 20" 12" 8" 8" 14" 14" 18" 24" 8" 8" 10" 18" 10" 6" 10"10" 12" 26" 6" 14" 8" 28"8" 8" 10" 10" 8" 8" 8" 6" 10" 6"10" 10" 6" 6" 20" 18" 24"14" 12"12" BANK 5 BANK 4 BANK 3 BENCHMARK: MAGSET EL: 33.34 44 44 45 46 43 42 39 40 414214" 3333 34 35 36 37 38 39 40 3536 37 38 39 40 45 46 47 46 47 50 49 48 47 46 45 44 43 42 54 53 52 51 50 49 48 47 46 45 44 43 42 41 40 51 50 49 48 47 46 45 44 43 42 41 40 49 48 48 47 46 45 40 45 35 35 36 37 373839 34 33 32 31 30 29 28 28 29 30 31 44 43 42 41 40 44 45 43 42 41 40 39 38 37 36 35 34 33 33 33 33 34 34 35 40 45 35 40 35 34 34 33 3232 32 32 TP-1 Re v i s i o n s Ap p r . Re v . D a t e B y D e s c r i p t i o n 1 2 3 4 5 6 7 EX I S T I N G C O N D I T I O N S LO N G P O N D T O W N B E A C H BO A T R A M P & P A R K I N G I M P R O V E M E N T S BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pla n S e t : Pla n T i t l e : Sheet : 3C - Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 6 4 4 Ph o n e : ( 5 0 8 ) - 8 3 3 - 6 6 0 0 Fa x : ( 5 0 8 ) - 8 3 3 - 3 1 5 0 Da t e d : J u n e 2 7 , 2 0 1 7 Br e w s t e r D e p a r t m e n t of N a t u r a l R e s o u r c e s 21 9 8 M a i n S t r e e t Br e w s t e r , M A 0 2 6 3 1 Ph o n e : ( 5 0 8 ) 5 2 5 - 9 1 3 5 Fa x : - - - - 3 1017090of las t m o d i f i e d : 0 2 / 1 0 / 2 2 p r i n t e d : 0 2 / 1 4 / 2 2 b y k k H: \ P r o j e c t s \ 2 0 1 7 \ 1 7 0 9 0 B r e w s t e r L o n g P o n d R a m p \ D r a w i n g s \ 1 7 0 9 0 E X. d w g --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - (in feet) GRAPHIC SCALE 020 10 20 40 80 1 INCH = 20 FEET FE B R U A R Y 2 0 2 2 MC L M C L R A C Ch e c k e d B y : De s i g n e d B y : Da t e : D r a w n B y : SURVEY NOTES 1. THE TOPOGRAPHY AND EXISTING SITE CONDITIONS DEPICTED HEREON ARE THE RESULT OF AN ON THE GROUND FIELD SURVEY CONDUCTED BY THE HORSLEY WITTEN GROUP, INC. ON JUNE 27, 2017. 2. HORIZONTAL DATUM IS MASS STATE PLANE COORDINATE SYSTEM. DATUM ESTABLISHED BY GPS. 3. THE ELEVATIONS DEPICTED HEREON WERE BASED ON THE NORTH AMERICAN VERTICAL DATUM (NAVD) OF 1988. 4. PROPERTY LINE SURVEY IS THE RESULT OF AN ON THE GROUND FIELD SURVEY AND DEEDS AND PLANS OF RECORD. 5. THIS PLAN DOES NOT SHOW ANY RECORDED OR UNWRITTEN EASEMENTS WHICH MAY EXIST. HOWEVER, THIS DOES NOT CONSTITUTE A GUARANTEE THAT NO SUCH EASEMENTS EXIST. 6. THE ACCURACY OF MEASURED PIPE INVERTS AND PIPE SIZES IS SUBJECT TO FIELD CONDITIONS, THE ABILITY TO MAKE VISUAL OBSERVATIONS, DIRECT ACCESS TO THE VARIOUS ELEMENTS AND OTHER CONDITIONS. 7. THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AND STRUCTURES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF VARIOUS UTILITY COMPANIES, AND WHEREVER POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THIS INFORMATION IS NOT TO BE RELIED UPON AS BEING EXACT OR COMPLETE. THE LOCATION OF ALL UNDERGROUND UTILITIES AND STRUCTURES SHALL BE VERIFIED IN THE FIELD PRIOR TO THE START OF ANY CONSTRUCTION. THE CONTRACTOR MUST CONTACT THE APPROPRIATE UTILITY COMPANY, ANY GOVERNING PERMITTING AUTHORITY IN THE TOWN OF BREWSTER, AND "DIGSAFE" (1-888-344-7233) AT LEAST 72 HOURS PRIOR TO ANY EXCAVATION WORK IN PREVIOUSLY UNALTERED AREAS TO REQUEST EXACT FIELD LOCATION OF UTILITIES. 8. THE PROPERTY IS LOCATED WITHIN F.I.R.M ZONE A (APPROXIMATED TO EL. 35' FROM THE FIRM) AS SHOWN ON COMMUNITY PANEL NO, 25001C0602J DATED JULY 16, 2014. 9. THE WETLAND DELINEATION SHOWN HEREON WAS CONDUCTED BY THE HORSLEY WITTEN GROUP, INC. ON JUNE 27, 2017 10. PLAN REFERENCES: BARNSTABLE COUNTY REGISTRY OF DEEDS 1.) PLAN BOOK 598 PAGE 57 2.) PLAN BOOK 183 PAGE 115 3.) PLAN BOOK 450 PAGE 15 4.) PLAN BOOK 168 PAGE 155 Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s ww w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . LEGEND: PROPERTY, LOT, OR ROW CONTOUR - MAJOR EASEMENT LINE TREE LINE SETBACK LINE DRAIN PIPE EDGE OF PAVEMENT CENTERLINE EROSION CONTROL BARRIER BERM PATHWAY WALL - RETAINING FENCE - WOOD FENCE - WIRE OVERHEAD WIRE CONTOUR - MINOR ABUTTING LOT GENERAL FEMA FLOOD ZONE WETLAND BOUNDARY WETLAND 50 BUFFER WALL - STONE UTILITIES EROSION & SEDIMENT CONTROL ENVIRONMENTAL WETLAND 100 BUFFER ORDINARY HIGH WATER FLOOD X X BUILDING SYMBOLS DRAIN MANHOLE BOUNDARY WV CB PROPERTY INFORMATION EXISTING TREE EXISTING SHRUB BENCHMARK CONTROL POINT HYDRANT EXISTING SPOT GRADE WATER VALVE THRUST BLOCK UTILITY BOX TEST PIT MONITORING WELL WATER WELL CLEAN OUT CURB STOP 44 50 CATCHBASIN BERM CUT UP1 PIPE STUB UTILITY POLE EXISTING EVERGREEN TREE D W TP CO CS H Y D EL:98.45 SPOT GRADEEL:95.00 TREE STUMP WF ROCK HANDICAP SYMBOL SIGN MAIL BOX WETLAND FLAG BIKE 10 BENCH PICNIC TABLE BIKE RACK NUMBER OF PARKING SPACES VEHICLE CIRCULATION TP - 1 TP - 2 SOIL TEST PIT DATA PERFORMED BY: M.C. LEHMAN, E.I.T. HORSLEY WITTEN GROUP, INC DATE: MAY 16, 2018. TP - 3 BO R D E R I N G VE G E T A T E D W E T L A N D POND O R D I N A R Y HIGH W A T E R OH W OH W OHW OHW OHW OHW W E T L A N D B U F F E R 50 ' W E T L A N D B U F F E R 10 0 ' CR O W E L L ' S B O G R O A D FL O O D FL O O D FLO O D FL O O D FL O O D FL O O D FL O O D FLOO D (19 6 4 T O W N L A Y O U T - 5 0 F E E T W I D E ) BORDERING VEGETATED WETLAND CB/DH FND (DISTURBED) TP-3 TP-2 UP 81/8 WV WV H Y D 14" 14" 20" 16" 20" 12" 12" 12" 12"10" 22" 16" 24" 14" 12" 12" 10" 14" 18" 14" 36" 16" 10" 18" 18" 12" 10" UP 81/7 18" 18"16" 8" 16" 12" 20" 14" 18" 18" 16" BANK 12 BANK 11 30" BANK 10 BANK 9 BANK 8 BANK 7 BANK 6 16"16" 14" 14" 18" 28" 48" BANK 2 BANK 1 BVW 1 BVW 2 18" 24" 12" 10" 12" 18" 30" 12"12"36" BVW 3 BVW 4 BVW 5 BVW 6 BVW 7 BVW 8 BVW 9 BVW 10 BVW 100 BVW 101BVW 102 BVW 103 BVW 104 BVW 105 BVW 106 9" 12" 8" 16" 8" 20" 6" 6" 6"12" 6"20" 8" 12"14" 12" 14" 12" 20" 10" 20" 12" 8" 8" 14" 14" 18" 24" 8" 8" 10" 18" 10" 6" 10"10" 12" 26" 6" 14" 8" 28" 8" 8" 10" 10" 8" 8" 8" 6" 10" 6"10" 10" 6" 6" 20" 18" 24"14" 12" 12" BANK 5 BANK 4 BANK 3 14" W W TP-1 EROSION CONTROL BARRIER TYP. 750 LF± TOTAL TREE PROTECTION (TYP.) CONSTRUCTION ENTRANCE 900 SF± INSTALL INLET PROTECTION REMOVE TREE (TYP.) PORTABLE COFFERDAM 110 LF± TEMPORARY CONSTRUCTION FENCING WITH SAFETY SIGNAGE 100 LF± SAWCUT 120 LF± COORDINATE FINAL LOCATION OF ACCESSIBLE VIEWING DECK WITH TOWN REMOVE SHED (BY OTHERS) LIMIT OF WORK 39,500 SF 43 TOTAL TREES TO BE REMOVED 29 TREES ≥ 12" DBM TO BE REMOVED RELOCATE STORAGE CONTAINER RELOCATE SITE FURNITURE REMOVE EXISTING PAVEMENT 17,050± LIMIT OF WORK 39,500 SF RELOCATE SIGN CAREFULLY DIG OUT AND STOCKPILE NATIVE SHRUBS AND/OR GROUND COVER PRIOR TO CLEARING AND GRUBBING (SEE NOTE) TEMPORARY HEEL-IN AREA FOR PLANT TRANSPLANTS, TO BE CONFIRMED IN THE FIELD DEWATERING BAG PROTECT SIGNS PUMP DISCHARGE HOSE Re v i s i o n s Ap p r . Re v . Da t e By De s c r i p t i o n 1 2 3 4 5 6 7 SI T E P R E P A R A T I O N LO N G P O N D T O W N B E A C H BO A T R A M P & P A R K I N G I M P R O V E M E N T S BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Sheet : 4C - Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 6 4 4 Ph o n e : (50 8 ) - 8 3 3 - 6 6 0 0 Fa x : (50 8 ) - 8 3 3 - 3 1 5 0 Da t e d : Ju n e 2 7 , 2 0 1 7 Br e w s t e r D e p a r t m e n t o f Na t u r a l R e s o u r c e s 21 9 8 M a i n S t r e e t Br e w s t e r , M A 0 2 6 3 1 Ph o n e : (50 8 ) 5 2 5 - 9 1 3 5 Fa x : --- - 4 1017090of la s t m o d i f i e d : 0 1 / 0 5 / 2 3 p r i n t e d : 0 1 / 0 5 / 2 3 b y m l H: \ P r o j e c t s \ 2 0 1 7 \ 1 7 0 9 0 B r e w s t e r L o n g P o n d R a m p \ D r a w i n g s \ 1 7 0 9 0 D M . d w g 02 / 1 1 / 2 2 KJ K HL C Re v . l i m i t o f w o r k & t r a n s p l a n t n o t e s --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- (in feet) GRAPHIC SCALE 020 10 20 40 80 1 INCH = 20 FEET JA N 2 0 2 2 M C L M C L RA C Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s ww w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . 7'-6" (TYP) 6'-0" TEMPORARY PLASTIC FENCE STAND FILLED WITH SAND/CONCRETE OR GALVANIZED RECTANGULAR PIPE BASE 1-1/4" GALVANIZED PIPE (TYP) TEMPORARY CONSTRUCTION FENCE NOT TO SCALE 0'-6" TYP. GRADE PORTABLE COFFERDAM DEWATERING DETAIL NOT TO SCALE 4' (MIN) 5' (TYP) VARIES (SEE PLAN) 1' (TYP) DEWATERING PUMPING PLAN PORTABLE COFFERDAM INSTALLATION DETAIL WATER SURFACE NOTES: 1.THE PORTABLE COFFERDAM SYSTEM BY PORTADAM® OR AN ENGINEER APPROVED EQUIVALENT. WATER-INFLATED COFFERDAM BARRIERS OR CONCRETE ROAD ("JERSEY") BARRIERS WRAPPED IN FABRIC BARRIER MAY BE CONSIDERED IN LIEU OF PORTADAM®. CONTRACTOR TO SUBMIT ALTERATIONS PLAN FOR PRIOR ENGINEER APPROVAL. 2.THE PORTABLE COFFERDAM SYSTEM SHALL BE INSTALLED ACCORDING TO THE MANUFACTURER RECOMMENDATIONS, BEGINNING AT THE MOST UPSTREAM LOCATION. 3.SANDBAGS SHALL CONSIST OF MATERIALS WHICH ARE RESISTANT TO ULTRA-VIOLET RADIATION, TEAR AND PUNCTURE AND WOVEN TIGHTLY ENOUGH TO PREVENT LEAKAGE OF FILL MATERIAL. (I.E. SAND, FINE GRAVEL, ECT.) 4.IMPERVIOUS SHEETING SHALL CONSIST OF POLYETHYLENE OR OTHER MATERIAL WHICH IS RESISTANT TO PUNCTURE AND TEARING. SHEETING SHALL BE OVERLAPPED ACCORDING TO THE MANUFACTURER RECOMMENDATIONS. 5.ALL DEWATERING CONTAINMENT AREAS AND EROSION/SEDIMENT CONTROL DEVICES SHALL BE INSTALLED PRIOR TO ANY COFFERDAM INSTALLATION AND ACCORDING TO THE CONSTRUCTION PLANS AND DETAILS. 6.ALL EXCAVATED SEDIMENTS OR DEBRIS SHALL BE DISPOSED OF IN AN APPROVED STOCK PILE AREA AND PROTECTED WITH EROSION/SEDIMENT CONTROL BARRIERS. 7.EROSIONS/SEDIMENT CONTROL DEVICES ARE TO REMAIN IN PLACE UNTIL ALL DISTURBED AREAS ARE STABILIZED IN ACCORDANCE WITH THE SPECIFICATIONS. BOTTOM SEDIMENTS P APPROVED DEWATERING CONTAINMENT AREA DOWNSTREAM OF WORK AREA (SEE DETAIL) DEWATERING PUMP SUMP PIT NUMBER/SIZE/DEPTH TO SUIT INTAKE HOSE PORTABLE COFFERDAM SYSTEM (SEE NOTES) DEWATERED WORK AREA NOTE: DETAIL APPLICABLE FOR WORK ON EITHER SIDE OF RIVER. MIRROR DETAIL AS APPLICABLE. BOTTOM BED RESOURCE BANK DEWATERED WORK AREA SANDBAGS FOR ANCHORFABRIC MEMBRANE IMPERVIOUS BED SEALING SHEET STEEL SUPPORT FRAME (24" TYP. FRAME SPACING) PONDING PONDING TIE DOWN STRAP (SEE NOTES) PUMP DISCHARGE HOSE SPOUT SEWN INTO BAG FLOW FROM PUMP FILTERED WATER FI L T E R E D W A T E R FI L T E R E D W A T E R DEWATERING BAG ON AGGREGATE OR STRAW UNDERLAY FLOW FROM PUMP PUMP DISCHARGE HOSE TIE DOWN STRAP (SEE NOTES) SPOUT SEWN INTO BAG DEWATERING BAG AGGREGATE OR STRAW UNDERLAY A A SECTION A - ADEWATERING BAG DETAIL NOT TO SCALE INSTALLATION NOTES: 1.PLACE LIFTING STRAPS (NOT INCLUDED) UNDER THE UNIT TO FACILITATE REMOVAL AFTER USAGE 2.UNFOLD DANDY DEWATERING BAG ON STABILIZED AREA OVER DENSE VEGETATION, STRAW, OR GRAVEL (IF AN INCREASED DRAINAGE SURFACE IS NEEDED) 3.INSERT DISCHARGE HOSE FROM PUMP INTO DANDY DEWATERING BAG A MINIMUM OF SIZE INCHES AND TIGHTLY SECURE WITH ATTACHED STRAP TO PREVENT WATER FROM FLOWING OUT OF THE UNIT WITHOUT BEING FILTERED 4.IF USING OPTIONAL ABSORBENTS, PLACE ABSORBENT BOOM INTO THE DANDY DEWATERING BAG MAINTENANCE: 5.REPLACE THE UNIT WHEN 1/2 FULL OF SEDIMENT OR WHEN SEDIMENT HAS REDUCED THE FLOW RATE OF THE PUMP DISCHARGE TO AN IMPRACTICAL RATE 6.IF USING OPTIONAL OIL ABSORBENTS, REMOVE AND REPLACE ABSORBENT PILLOW WHEN NEAR SATURATION PLAN VIEW SECTION A-A STONE CONSTRUCTION ENTRANCE DETAIL NOT TO SCALE PU B L I C R O A D W A Y A NOTE: 1.STONE CONSTRUCTION ENTRANCE(S) TO REMAIN UNTIL INSTALLATION OF PAVEMENT SUB-BASE IS TO BEGIN. 2.SEE SITE PLAN FOR LOCATION & ACTUAL DIMENSIONS VARIES SEE SITE PLAN (15' MIN. 25' TYP.) VARIES SEE SITE PLAN (25' MIN. 35' TYP.) 12" WASHED CRUSHED STONE AGGREGATE ASTM DESIGNATION C-33, SIZE NO. 2 (1-1/2” TO 2-1/2”)A R= TO SUIT (15' MIN., 25' TYP.) NON-WOVEN FILTER FABRIC PLAN VIEW SECTION AREA TO BE PROTECTED NOTES: 1.SILT SOCK MANUFACTURER TO BE SILT SOXX OR ENGINEER APPROVED EQUAL. 2.ALL MATERIAL TO MEET MANUFACTURER'S SPECIFICATIONS. 3.SEDIMENT SILT SOCK TO BE FILLED WITH LEAF COMPOST AND/OR WOODY MULCH PER MANUFACTURER'S REQUIREMENTS. 4.FOLLOWING CONSTRUCTION AND SITE STABILIZATION, COMPOST MATERIAL TO BE REMOVED OR DISPERSED ON SITE, AS APPROVED BY THE ENGINEER. EROSION CONTROL BARRIER NOT TO SCALE 3"-4" 12"± WORK AREA WATER FLOW WORK AREA SILT FENCE 2" x 2" WOODEN STAKE 12" DIAMETER SILT SOCK STAKE ON 10' LINEAL SPACING SEDIMENT SILT SOCK AREA TO BE PROTECTED 1" REBAR OR EQUAL FOR BAG REMOVAL FROM INLET DUMP LOOP HANDLES OVERFLOW SLOTS OR APPROVED EQUIV. INLET PROTECTION NOT TO SCALE NOTES: 1.SEDIMENT CONTROL INSERTS SHALL BE INSTALLED OVER ALL CATCHBASINS/INLETS THAT WILL RECEIVE RUNOFF FROM THE PROJECT SITE. 2.TEMPORARY INLET PROTECTION TO BE REMOVED AFTER CONTRIBUTING DRAINAGE AREA HAS BEEN PERMANENTLY STABILIZED. 3.DEPTH (D) SHALL BE A MINIMUM OF 16-INCHES. 4.MANUFACTURER SHALL BE SILT SACK OR APPROVED EQUIVALENT. PROPOSED AND/OR EXISTING CATCHBASIN D CATCHBASIN OUTLET NOTE: TRANSPLANT EXISTING NATIVE PLANTS AS POSSIBLE WITHIN PROJECT LIMIT OF WORK. LANDSCAPE ARCHITECT/BIOLOGIST TO CONFIRM SPECIFIC PLANTS AND LOCATIONS IN THE FIELD. TRANSPLANTS TO BE WATERED AND MAINTAINED. SEE PLANTING PLAN AND DETAILS. FLOOD CONTINGENCY PLAN: ·REMOVE ALL CONSTRUCTION EQUIPMENT AND ANY FUEL OR OTHER POTENTIAL CONTAMINANTS BEYOND THE 100-YEAR FLOOD LIMITS ·REMOVE ALL DEBRIS ·COVER STOCKPILES AND TRASH CONTAINERS ·ENSURE ALL EROSION AND SEDIMENT CONTROL DEVICES (IE. EROSION CONTROL BARRIERS, INLET PROTECTION DEVICES) ARE IN PLACE BO R D E R I N G VE G E T A T E D W E T L A N D POND O R D I N A R Y HIGH W A T E R OH W OH W OHW OHW OHW OHW W E T L A N D B U F F E R 50 ' W E T L A N D B U F F E R 10 0 ' CR O W E L L ' S B O G R O A D FL O O D FL O O D FLO O D FL O O D FL O O D FL O O D FL O O D FLOO D (19 6 4 T O W N L A Y O U T - 5 0 F E E T W I D E ) BORDERING VEGETATED WETLAND CB/DH FND (DISTURBED) CB/DH FND UP 81/8 WV WV H Y D 14" 14" 20" 16" 20" 12" 12" 12" 12"10" 22" 16" 24" 14" 12" 12" 10" 14" 18" 14" 36" 16" 10" 18" 18" 12" 10" UP 81/7 18" 18"16" 8" 16" 12" 20" 14" 18" 18" 16" BANK 12 BANK 11 30" BANK 10 BANK 9 BANK 8 BANK 7 BANK 6 16"16" 14" 14" 18" 28" 48" BANK 2 BANK 1 BVW 1 BVW 2 18" 24" 12" 10" 12" 18" 30" 12"12"36" BVW 3 BVW 4 BVW 5 BVW 6 BVW 7 BVW 8 BVW 9 BVW 10 BVW 100 BVW 101BVW 102 BVW 103 BVW 104 BVW 105 BVW 106 9" 12" 8" 16" 8" 20" 6" 6" 6"12" 6"20" 8" 12"14" 12" 14" 12" 20" 10" 20" 12" 8" 8" 14" 14" 18" 24" 8" 8" 10" 18" 10" 6" 10"10" 12" 26" 6" 14" 8" 28" 8" 8" 10" 10" 8" 8" 8" 6" 10" 6"10" 10" 6" 6" 20" 18" 24"14" 12" 12" BANK 5 BANK 4 BANK 3 14" W W D D CO CO 11 10 5 6 FR O N T S E T B A C K 32 SPACES + 3 ADA SPACES BIT U M I N O U S B E R M 3 0 0 L F ± BITU M I N O U S B E R M 2 5 0 L F ± 8.0' 8.0' 18.0' 9.0' 9.0' 18.0' 24.0' R15.0' R25.0' R15.0' R64.0' R15.0' R4.0' R25.0' R46.0' 18.0' 14.0' 11.0' 42.0' VEHICLES WITH TRAILERS 6 SPACES 46.5' PRECAST CONCRETE RAMP SECTIONS ADD ALTERNATE: FLOATING DOCK WITH GANGWAY AND KAYAK LAUNCH RELOCATED KAYAK RACKS (2) (BY TOWN) BITUMINOUS PAVEMENT 18,000 SF ± WET SWALE STORMWATER TREATMENT AREA GRAVEL BOAT TRAILER PARKING 3,050 SF ± TIMBER PARKING BARRIER 160 LF ± RELOCATED PORTABLE TOILETS (BY TOWN) RELOCATED PICNIC TABLES (2) (BY TOWN) TIMBER BOLLARD TYP. PUBLIC BEACH BOUNDARY MARKER (BY TOWN) EXISTING VISTA RAMP RELOCATED STORAGE CONTAINER (BY TOWN) STORMWATER OUTFALL WITH SEDIMENT FOREBAY RELOCATED BIKE RACK (BY TOWN) INSTALL STAFF GAUGE ON COLUMN UNDERGROUND CHAMBERS STORMWATER TREATMENT AREA INLET FLUME INLET FLUME NO PARKING STRIPING CROSSWALK STRIPING HANDICAP PARKING SIGNS (3) (BY TOWN) 8.0' FLOATING KAYAK LAUNCH GANGWAY R4.0' R4.0' BITUMINOUS BERM 45 LF ± BITUMINOUS WALK 205 SF± MOVABLE BOULDER (BY TOWN) TIMBER BOLLARDS PR O P E R T Y L I N E PR O P E R T Y L I N E PRO P E R T Y L I N E 16.0' 14.0' R10.0' 9.0' 4.0' R10.0' DO NOT ENTER SIGNS (2) DO NOT ENTER SIGNS (2) ONE-WAY TRAFFIC ARROWS TYP. STOPLINE 2.0' BEGIN TAPER TO 14.0' MAS S S T A T E P L A N E Re v i s i o n s Ap p r . Re v . Da t e By De s c r i p t i o n 1 2 3 4 5 6 7 SI T E P L A N LO N G P O N D T O W N B E A C H BO A T R A M P & P A R K I N G I M P R O V E M E N T S BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Sheet : 5C - Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 6 4 4 Ph o n e : (50 8 ) - 8 3 3 - 6 6 0 0 Fa x : (50 8 ) - 8 3 3 - 3 1 5 0 Da t e d : Ju n e 2 7 , 2 0 1 7 Br e w s t e r D e p a r t m e n t o f Na t u r a l R e s o u r c e s 21 9 8 M a i n S t r e e t Br e w s t e r , M A 0 2 6 3 1 Ph o n e : (50 8 ) 5 2 5 - 9 1 3 5 Fa x : --- - 5 1017090of 12 / 2 8 / 2 2 M C L RA C M A R K I N G S & S I G N A G E --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- (in feet) GRAPHIC SCALE 020 10 20 40 80 1 INCH = 20 FEET JA N U A R Y 2 0 2 3 M C L M C L RA C Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s ww w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . BO R D E R I N G VE G E T A T E D W E T L A N D POND O R D I N A R Y HIGH W A T E R 32 W E T L A N D B U F F E R 50 ' 46 FL O O D FL O O D FLO O D FL O O D FL O O D FL O O D FL O O D FLOO D N4 2 ° 0 5 ' 2 5 " E 20 5 . 7 1 ' BORDERING VEGETATED WETLAND CB/DH FND (DISTURBED) TP-3 TP-2 WV WV H Y D 14" 14" 20" 16" 20" 12" 12" 12" 12"10" 22" 16" 14" 12" 12"18" UP 81/7 18" 18"16" 8" 16" 12" 20" 14" 18" 18" 16" BANK 12 BANK 11 30" BANK 10 BANK 9 BANK 8 BANK 7 BANK 6 16"16" 14" 14" 18" 28" 48" BANK 2 BVW 1 BVW 2 18" 24" 12" 10" 12" 18" 30" 12"12"36" BVW 3 BVW 4 BVW 5 BVW 6 BVW 7 BVW 8 BVW 9 BVW 10 BVW 100 BVW 101BVW 102 BVW 103 BVW 104 BVW 105 BVW 106 9" 12" 8" 16" 8" 20" 6" 6" 6"12" 6"20" 8" 12"14" 12" 14" 12" 20" 10" 20" 12" 8" 8" 14" 14" 18" 24" 8" 8" 10" 18" 10" 6" 10"10" 12" 26" 6" 14" 8" 28" 8" 8" 10" 10" 8" 8" 8" 6" 10" 6"10" 10" 6" 6" 20" 18" 24"14" 12" 12" BANK 5 BANK 4 BANK 3 44 44 45 46 43 42 39 40 414214" 33 33 34 35 36 37 38 39 40 35 36 37 38 39 40 45 46 47 46 50 49 48 47 46 45 44 43 42 54 53 52 51 50 49 48 47 46 45 44 43 42 41 40 51 50 49 48 47 46 45 44 43 42 41 40 49 48 48 47 46 45 40 45 35 35 36 37 373839 34 33 32 31 30 29 28 28 29 30 31 44 43 42 41 40 44 45 43 42 41 40 39 38 37 36 35 34 33 33 33 33 34 34 35 40 45 35 40 35 34 34 33 3232 32 32 W W TP-1 11 10 5 6 D D WET SWALE 300 SF ± ESTIMATED PERMANENT POOL ELEVATION:32.00± 2.5' SEDIMENT FOREBAY EL:31.76 EL:31.95 5 x 5 (25) SC-310 CHAMBERS TOP OF STONE:36.58 TOP OF CHAMBERS:35.58 BOTTOM OF CHAMBERS:34.25 BOTTOM OF STONE:33.25 MINIMUM GRADE ABOVE CHAMBERS:38.00 SEDIMENT FOREBAY INLET FLUME INLET FLUME STONE CHECK OVERFLOW SPILLWAY EL:33.80 EL:33.95 EL:33.35 0+ 0 0 0+ 5 0 1+ 0 0 1+ 5 0 2+ 0 0 2+ 5 0 -0 + 0 0 0+ 5 0 1+0 0 1+50 DMH 100 RIM:38.20' 12" INV IN:34.25' 18" INV OUT:34.25' 12" INV OUT:34.25' DCB 101 RIM:36.80' 12" INV OUT:34.25' DMH 200 RIM:38.15' 12" INV IN:34.25' 18" INV OUT:34.25' 12" INV OUT:34.25' DCB 201 RIM:36.80' 12" INV OUT:34.25' R55.0' ENTRANCE DRIVE CENTERLINE ALIGNMENT EXIT DRIVE CENTERLINE ALIGNMENT EL:33.25 EL:33.75 EL:33.25 EL:33.70 LP:32.50 EL:32.10 EL:32.45 EL:31.80 EL:32.30 LP:32.85 EL:32.25 EL:32.75 EL:34.50 EL:34.25 44 43 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 44 43 42 41 40 39 38 37 36 35 34 33 34 33 33 33 33 33 3 4 3 3 33 34 33 32 32 3 3 34 35 36 3738 3940 4 0 41 4 2 4 3 4 4 4 5 4 6 4 7 4 8 44 43 42 41 40 39 38 37 36 35 45 10. 0 % M A X . OVERFLOW SPILLWAY EL:32.10 EL:32.00 EL:32.40 EL:31.80 EL:32.25 CO CO 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 0+00 0+50 1+00 1+50 2+00 2+50 2+80 L:12' R:300' L:15' R:215' STA:0+50.83 ELEV:43.18 STA:0+35.83 ELEV:44.16 STA:0+34.91 ELEV:44.19 STA:0+22.91 ELEV:44.31 STA:0+21.16 ELEV:44.29 -10.0 0 % -12.0 0 % 1.00% -3.00% SMOOTHLY TIE-IN TO EXISTING ROADWAY L:65' R:650' L:65' R:545' STA:1+08.62 ELEV:37.41 STA:1+73.62 ELEV:34.16 STA:1+75.71 ELEV:34.16 STA:2+40.71 ELEV:30.28 0.00% EXISTING GRADE PROPOSED GRADE VERTICAL CURVE (TYP.) MAS S S T A T E P L A N E 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 -0+00 0+50 1+00 1+50 1+80 -10.0 0 % L:10' R:145' L:65' R:550' STA:0+12.96 ELEV:44.99 STA:0+16.85 ELEV:44.88 STA:0+26.85 ELEV:44.23 STA:1+02.15 ELEV:36.70 1.00% 3.00% SMOOTHLY TIE-IN TO PROPOSED PARKING AREA SMOOTHLY TIE-IN TO EXISTING ROADWAY STA:1+62.21 ELEV:34.00 EXISTING GRADE PROPOSED GRADE VERTICAL CURVE (TYP.) la s t m o d i f i e d : 0 1 / 0 5 / 2 3 p r i n t e d : 0 1 / 0 5 / 2 3 b y m l H: \ P r o j e c t s \ 2 0 1 7 \ 1 7 0 9 0 B r e w s t e r L o n g P o n d R a m p \ D r a w i n g s \ 1 7 0 9 0 G D . d w g (in feet) GRAPHIC SCALE 020 10 20 40 80 1 INCH = 20 FEET Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s ww w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . 114" 214"2" 112"14" 14" 2" 314" 112"3" 212" 3 4" CHAMFER 1" 8" 8" 4'-0" FIXED 14'-0" 1'-0" 2 TON GALV. LIFT ANCHOR - 4 PLACES STD. GROOVE (LEFT SHOWN) (LEFT OR RIGHT AS NEEDED) 30° PRECAST CONCRETE BOAT RAMP PLANK NOT TO SCALE 0.3 X LENGTH REBAR AT LIFTING INSERT REINFORCING STEEL (REBAR) BOTH DIRECTIONS. TONGUE & GROOVE FOR ALL JOINTS TONGUE & GROOVE FOR ALL INTERNAL SIDE WALLS FLAT EXPOSED ENDS KEYWAY DETAIL ENDGROOVE DETAIL SIDE PLAN Re v i s i o n s Ap p r . Re v . Da t e By De s c r i p t i o n 1 2 3 4 5 6 7 JA N U A R Y 2 0 2 3 M C L M C L RA C G R A D I N G & D R A I N A G E P L A N LO N G P O N D T O W N B E A C H BO A T R A M P & P A R K I N G I M P R O V E M E N T S BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Sheet : Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 6 4 4 Ph o n e : (50 8 ) - 8 3 3 - 6 6 0 0 Fa x : (50 8 ) - 8 3 3 - 3 1 5 0 Da t e d : Ju n e 2 7 , 2 0 1 7 Br e w s t e r D e p a r t m e n t o f Na t u r a l R e s o u r c e s 21 9 8 M a i n S t r e e t Br e w s t e r , M A 0 2 6 3 1 Ph o n e : (50 8 ) 5 2 5 - 9 1 3 5 Fa x : --- - 6 1017090of 6C - Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : BOAT RAMP & EXIT CENTERLINE PROFILE HORIZONTAL SCALE 1" = 20' VERTICAL SCALE 1" = 5' ENTRANCE CENTERLINE PROFILE HORIZONTAL SCALE 1" = 20' VERTICAL SCALE 1" = 5' ENTRANCE DRIVE TYPICAL SECTION NOT TO SCALE 18'-0" 3% 3:1 MAX. SLOPE BITUMINOUS PAVEMENT (SEE DETAIL) BITUMINOUS BERM (SEE DETAIL) EXIT DRIVE TYPICAL SECTION NOT TO SCALE 3:1 MAX. SLOPEBITUMINOUS BERM (SEE DETAIL) BITUMINOUS PAVEMENT (SEE DETAIL) 14'-0" 2% D D R55.0' 44 43 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 44 43 42 41 40 39 38 37 36 35 34 33 34 33 33 33 33 33 3 4 3 3 33 34 33 32 32 3 3 34 35 36 3738 3940 4 0 41 4 2 4 3 4 4 4 5 4 6 4 7 4 8 44 43 42 41 40 39 38 37 36 35 45 CO CO 11 10 5 6 FR O N T S E T B A C K PR O P E R T Y L I N E PR O P E R T Y L I N E PRO P E R T Y L I N E BO R D E R I N G VE G E T A T E D W E T L A N D POND O R D I N A R Y HIGH W A T E R OH W OH W OHW OHW OHW OHW 32 W E T L A N D B U F F E R 50 ' W E T L A N D B U F F E R 10 0 ' 47 46 CR O W E L L ' S B O G R O A D FL O O D FL O O D FLO O D FL O O D FL O O D FL O O D FL O O D FLOO D S4 4 ° 3 3 ' 3 6 " W 34 4 . 8 4 ' N4 4 ° 3 3 ' 3 6 " E 45 8 . 7 5 ' 8 3.7 5 ' 7 7.5 7 ' N4 2 ° 0 5 ' 2 5 " E 20 5 . 7 1 ' L=419.80' R=400.00' S65° 5 3 ' 4 4 " E 174. 8 6 ' L =7 4.66' R =8 9.08' S44° 33' 36"W 4.12' N57 ° 2 5 ' 2 0 " W 187 . 0 6 ' S2 9 ° 0 7 ' 3 4 " E 43 . 3 1 ' S2 9 ° 0 7 ' 3 4 " E 21 9 . 7 7 ' S2 9 ° 0 7 ' 3 4 " E 19 2 . 7 2 ' N60 ° 5 2 ' 2 6 " E 50.0 0 'S2 5 ° 1 9 ' 0 4 " E 63 . 3 3 ' N60° 52' 26"E 9.38' MAP 61 LOT 38 72 WINDSTEAD RD. N/F PALMISANO MAP 61 LOT 9 0 CROWELLS BOG RD. N/F TOWN OF BREWSTER MAP 61 LOT 26 0 LONG POND LANDING N/F TOWN OF BREWSTER MAP 61 LOT 27 114 CROWELLS BOG RD. N/F SULLIVAN MAP 61 LOT 25 154 CROWELLS BOG RD. N/F ESSIG(19 6 4 T O W N L A Y O U T - 5 0 F E E T W I D E ) N/F KAZANJIAN BORDERING VEGETATED WETLAND N4 2 ° 0 5 ' 2 5 " E 98 . 7 2 ' CB/DH FND (DISTURBED) S57° 25' 20"E 11.57' TP-3 TP-2 14" 14" 20" 16" 20" 12" 12" 12" 12"10" 22" 16" 24" 14" 12" 12" 10" 14" 18" 14" 36" 16" 10" 18" 18" 12" 10" 18" 18"16" 8" 16" 12" 20" 14" 18" 18" 16" BANK 12 BANK 11 30" BANK 10 BANK 9 BANK 8 BANK 7 BANK 6 16"16" 14" 14" 18" 28" 48" BANK 2 BANK 1 BVW 1 BVW 2 18" 24" 12" 10" 12" 18" 30" 12"12"36" BVW 3 BVW 4 BVW 5 BVW 6 BVW 7 BVW 8 BVW 9 BVW 10 BVW 100 BVW 101BVW 102 BVW 103 BVW 104 BVW 105 BVW 106 9" 12" 8" 16" 8" 20" 6" 6" 6"12" 6"20" 8" 12"14" 12" 14" 12" 20" 10" 20" 12" 8" 8" 14" 14" 18" 24" 8" 8" 10" 18" 10" 6" 10"10" 12" 26" 6" 14" 8" 28" 8" 8" 10" 10" 8" 8" 8" 6" 10" 6"10" 10" 6" 6" 20" 18" 24"14" 12" 12" BANK 5 BANK 4 BANK 3 44 44 45 46 43 42 39 40 414214" 33 33 34 35 36 37 38 39 40 35 36 37 38 39 40 45 46 47 46 47 50 49 48 47 46 45 44 43 42 54 53 52 51 50 49 48 47 46 45 44 43 42 41 40 51 50 49 48 47 46 45 44 43 42 41 40 49 48 48 47 46 45 40 45 35 35 36 37 373839 34 33 32 31 30 29 28 28 29 30 31 44 43 42 41 40 44 45 43 42 41 40 39 38 37 36 35 34 33 33 33 33 34 34 35 40 45 35 40 35 34 34 33 3232 32 32 W W TP-1 LOAM AND SEED ALL DISTURBED AREAS WITH UPLAND SEED MIX. TOTAL APPROXIMATE SF: ±12,500 SLOPES 1:3 OR GREATER TO BE STABILIZED WITH EROSION CONTROL BLANKET UPLAND PLANTING, SEE PLANT LIST WET SWALE APPROX. 297 SQFT JV 3 QV 1 PR 2 JV 1 QV 3 JV 1 JV 1 PVG 133 TIMBER BOLLARD, TYP. PROPOSED DECIDUOUS TREE PROPOSED EVERGREEN TREE UPLAND SEED MIX - MOW ANNUALLY IN THE SPRING, ONLY AS NEEDED COLONIAL SEED - STABILIZER MIX WAVY HAIR GRASS LITTLE BLUESTEM BIG BLUESTEM UPLAND BENT GRASS HARD FESCUES CANADA WILD RYE SWAN SEDGE GOLDENROD BUTTERFLY MILKWEED LANCE LEAVED COREOPSIS PARTRIDGE PEA TICK-TREFOIL SYMBOL LEGEND: WET SWALE PLANTS, SEE PLANT LIST PARKING LOT BUFFER SWITCHGRASS UPLAND SEED MIX WITH UPLAND PLANTS, SEE PLANT LIST MAS S S T A T E P L A N E 02 / 1 0 / 2 2 K J K H L C R e v i s e d s e e d i n g a r e a s a n d S F Re v i s i o n s Ap p r . Re v . D a t e B y D e s c r i p t i o n 1 2 3 4 5 6 7 PL A N T I N G P L A N LO N G P O N D T O W N B E A C H BO A T R A M P & P A R K I N G I M P R O V E M E N T S BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Sheet : 7L - Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 6 4 4 Ph o n e : (50 8 ) - 8 3 3 - 6 6 0 0 Fa x : (50 8 ) - 8 3 3 - 3 1 5 0 Da t e d : Ju n e 2 7 , 2 0 1 7 Br e w s t e r D e p a r t m e n t o f Na t u r a l R e s o u r c e s 21 9 8 M a i n S t r e e t Br e w s t e r , M A 0 2 6 3 1 Ph o n e : (50 8 ) 5 2 5 - 9 1 3 5 Fa x : --- - 7 1017090of la s t m o d i f i e d : 0 1 / 0 5 / 2 3 p r i n t e d : 0 1 / 0 5 / 2 3 b y k k H: \ P r o j e c t s \ 2 0 1 7 \ 1 7 0 9 0 B r e w s t e r L o n g P o n d R a m p \ D r a w i n g s \ 1 7 0 9 0 L A . d w g --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - JA N U A R Y 2 0 2 3 KJ K KJ K HL C Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s ww w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . (in feet) GRAPHIC SCALE 020 10 20 40 80 1 INCH = 20 FEET PREFERRED PLANT LISTS LANDSCAPE NOTES: TRANSPLANTED PLANTS TO BE FIELD LOCATED BY THE LANDSCAPE ARCHITECT/BIOLOGIST 12 / 2 8 / 2 2 M C L R A C H a t c h r e v i s i o n s t o r e f l e c t S T e d i t s BITUMINOUS BERM NOT TO SCALE 12"3" 6" NOTES: 1.BERM TO BE CONSTRUCTED OF AND INTEGRAL WITH BITUMINOUS WEARING SURFACE COURSE AS SHOWN. 2.BERM SHALL BE FOUNDED ENTIRELY ON THE BASE COURSE. 3.BRING FINISH GRADE AT THE BACK OF THE BERM TO THE TOP OF THE BACK EDGE OF BERM. BITUMINOUS PAVEMENT (SEE DETAIL) SEE PLAN(S) FOR GRADING PAVEMENT PATCH NOT TO SCALE NOTES: 1.EXISTING BITUMINOUS PAVEMENT SHALL BE REMOVED TO A CLEAN STRAIGHT EDGE VIA SAW CUTTING. THE SAW CUT SHALL BE COMPLETED PERPENDICULAR TO THE ROADWAY/SIDEWALK. 2.PRIOR TO INSTALLING THE WEARING COURSE THE EXISTING VERTICAL PAVEMENT SURFACE SHALL BE SWEPT COMPLETELY CLEAN. 3.AFTER PROPER COMPACTION SAW CUT NEW PAVEMENT ABUTMENT 3/4" DEEP AND FILL WITH FIBER MODIFIED ASPHALT SEALER AS SHOWN. BITUMINOUS PAVEMENT (SEE DETAIL) EXISTING PAVEMENT34" SAW KERF FILLED WITH FIBER MODIFIED ASPHALT SEALER 14" 45° PAINTED STRIPING NOT TO SCALE SEE SITE PLAN FOR DIMENSIONS SEE SITE PLAN FOR DIMENSIONS NOTE: 1.ALL PARKING LOT STRIPING SHALL BE 6" SOLID WHITE PAINTED LINES. 2.ALL PAINT SHALL BE NON-SKID. 3.PAINT LINES SHALL BE WHITE. PAINTED STRIPES 6" MIN. WIDTH OF STRIPE Re v i s i o n s Ap p r . Re v . Da t e By De s c r i p t i o n 1 2 3 4 5 6 7 JA N U A R Y 2 0 2 3 M C L M C L RA C CO N S T R U C T I O N D E T A I L S ( 1 ) LO N G P O N D T O W N B E A C H BO A T R A M P & P A R K I N G I M P R O V E M E N T S BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Sheet : Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 6 4 4 Ph o n e : (50 8 ) - 8 3 3 - 6 6 0 0 Fa x : (50 8 ) - 8 3 3 - 3 1 5 0 Da t e d : Ju n e 2 7 , 2 0 1 7 Br e w s t e r D e p a r t m e n t o f Na t u r a l R e s o u r c e s 21 9 8 M a i n S t r e e t Br e w s t e r , M A 0 2 6 3 1 Ph o n e : (50 8 ) 5 2 5 - 9 1 3 5 Fa x : --- - 8 1017090of la s t m o d i f i e d : 0 1 / 0 2 / 2 3 p r i n t e d : 0 1 / 0 5 / 2 3 b y m l H: \ P r o j e c t s \ 2 0 1 7 \ 1 7 0 9 0 B r e w s t e r L o n g P o n d R a m p \ D r a w i n g s \ 1 7 0 9 0 D E . d w g 8C - Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s w w w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . GENERAL NOTES: 1.EXISTING SUB-GRADE SHALL CONSIST OF INERT MATERIAL THAT IS HARD, DURABLE STONE AND/OR COURSE SAND, FREE FROM LOAM. IF UNSUITABLE MATERIALS ARE ENCOUNTERED NOTIFY ENGINEER IMMEDIATELY. 2.SUB GRADE MATERIAL MAY BE DENSE GRADE, RECLAIMED ASPHALT, OR CRUSHED STONE AND SHALL BE COMPACTED TO 95% COMPACTION UNLESS OTHERWISE DIRECTED BY THE ENGINEER. 3.PRIOR TO INSTALLING THE WEARING COURSE THE EXISTING BINDER COURSE SURFACE SHALL BE SWEPT COMPLETELY CLEAN BY A STREET SWEEPING MACHINE AND A TACK COAT SHALL BE INSTALLED TO A LEVEL APPROVED BY THE ENGINEER. BITUMINOUS PAVEMENT SECTION NOT TO SCALE COMPACTED APPROVED SUBGRADE 8" DENSE SUB-BASE PLACED ON FIRM MATERIAL IN 3" LIFTS COMPACTED TO 95% 1-12" WEARING SURFACE ON 1-12" BINDER COURSE NOTES: 1.SIGN HEIGHT - 6' FROM BOTTOM OF SIGN TO STREET OR SIDEWALK. 2.METAL POSTS SHALL BE TELESPAR QUICK PUNCH POST OR EQUAL. 3.POST SHALL BE ROLLED CARBON SHEET STEEL, ASTM A570 GRADE 50 AND BE HOT DIPPED GALVANIZED AASHTO M-120 YIELD STRENGTH 60,000 PSI MIN. POST SHALL HAVE 7/16" DIE-PUNCHED KNOCKOUTS ON 1" CENTERS FULL LENGTH, FOUR SIDES. 4.ANCHOR SHALL HAVE 4 7/16" HOLES ONE EACH SIDE 2" FROM TOP END. DRIVE RIVETS TO BE TL3806 3/8" DIA. OR EQUAL. 5.CORNER BOLTS TO BE TLCB516M OR EQUAL. 6.POST FINISH TO BE SHOP APPLIED BLACK POWDER COATING. 8" 2" 22" 2" SIGN NOT TO SCALE VARIES VARIES BY SIGN TYPE 2 CF± CONCRETE FOOTING ANCHOR 2-12" X 2-12" SQUARE OD 7 GAGE (SEE NOTE 6) SURROUNDING GRADE CORNER BOLT (SEE NOTE 5) 2" X 2" SQUARE SIGN POST 14 GAGE (SEE NOTE 2) ATTACH SIGN WITH TWO DRIVE RIVETS (SEE NOTE 4) 12" TIMBER BOLLARD NOT TO SCALE 3'-0" 3'-0" 6'-0" 18" DIA. X 12" DEEP CONCRETE FOOTING (SLOPE TO DRAIN & INSTALL EXPANSION MATERIAL WHEN IN PAVING) 6" X 6" TIMBER FINISHED GRADE COMPACTED GRAVEL 12" DEPTH BELOW POST UNDISTURBED OR COMPACTED SUBGRADE REFLECTIVE MARKER FACING PARKING AREA MIN. TRENCH WIDTH FOUNDATION GROUND SURFACE UNDISTURBED EARTH FINAL BACKFILL HDPE PIPE INITIAL BACKFILL 6"-12" ABOVE TOP OF PIPE BEDDING HAUNCHING TO SPRINGLINE OF PIPE MINIMUM COVER *SURFACE LIVE LOADING CONDITION * 4. ID MIN. TRENCH WIDTH NOTES: TYPICAL DRAINAGE PIPE TRENCH NOT TO SCALE 1.FOUNDATION: WHERE THE TRENCH BOTTOM IS UNSUITABLE, THE CONTRACTOR SHALL EXCAVATE TO A DEPTH DETERMINED BY THE ENGINEER AND WITH REPLACEMENT MATERIAL APPROVED BY THE ENGINEER. AS AN ALTERNATIVE AND AT THE DISCRETION OF THE ENGINEER OR OWNER, THE TRENCH BOTTOM MAY BE STABILIZED USING A WOVEN GEOTEXTILE FABRIC. MINIMUM BEDDING THICKNESS SHALL BE 4" FOR 4" ID TO 24" ID HDPE PIPE. H20 12" MINIMUM DEPTHS OF COVER FOR VARIOUS LIVE LOADING CONDITIONS ARE SUMMARIZED IN THE FOLLOWING TABLE (UNLESS OTHERWISE NOTED, ALL DIMENSIONS ARE TAKEN FROM THE TOP OF PIPE TO THE GROUND SURFACE): 3.MINIMUM TRENCH WIDTHS SHALL BE AS FOLLOWS: TOP OF PIPE TO BOTTOM OF BITUMINOUS PAVEMENT 12" 15" 18" 31" 34" 39" 2.SUITABLE BEDDING AND BACKFILL MATERIAL SHALL CONSIST OF CLEAN, HARD PARTICLES OF GRAVEL MEETING THE FOLLOWING: SIEVE SIZE % PASSING: 3 8"85-95 NO. 4 5-15 NO. 8 0-2 MATERIAL SHALL BE INSTALLED AS REQUIRED IN ASTM D2321, LATEST EDITION. THE MINIMUM COVER FOR A HDPE PIPE IS 1'-0" FOR H-20 TRAFFIC LOADS IF INSTALLED IN ACCORDANCE WITH AASHTO SECTION 30. THIS IS BASED ON EMPIRICAL CALCULATION OF LOAD RESPONSE, MANUFACTURER'S TESTING AND FIELD EXPERIENCE WITH THE PIPE. AASHTO SPECIFICATIONS SECTION 18.4.1.5 DEFINES THE MINIMUM COVER AS "ID/8 BUT NOT LESS THAN 12 INCHES". THIS COVER IS MEASURED FROM THE PIPE OD TO THE TOP OF A RIGID (CONCRETE) PAVEMENT OR THE BOTTOM OF A FLEXIBLE (BITUMINOUS) PAVEMENT. BOTH AASHTO AND ASTM, AS WELL AS MOST MANUFACTURERS, REQUIRE ADDITIONAL (TEMPORARY COVER, MOUNDED OVER THE PIPE AND REMOVED FOR FINAL GRADING AND PAVING, IS SUFFICIENT FOR LARGE CONSTRUCTION VEHICLE LOADS. BA S E S E C T I O N SE C T I O N ( S ) RI S E R AS R E Q ' D . 48" DIA. (MIN.) SEE NOTE 4. SEE NOTE 5,6. EC C E N T R I C CO N E S E C T I O N SE E A L T E R N A T E TO P S L A B M O N O L I T H I C NOTES: 1.ALL SECTIONS SHALL BE DESIGNED FOR H-20 LOADING. 2.COPOLYMER MANHOLE STEPS SHALL BE INSTALLED AT 12" O.C. FOR THE FULL DEPTH OF THE STRUCTURE. 3.PROVIDE "V" KNOCKOUTS FOR PIPES WITH 2" MAX. CLEARANCE TO OUTSIDE OF PIPE. MORTAR ALL PIPE CONNECTIONS. 4.JOINT SEALANT BETWEEN PRECAST SECTIONS SHALL BE PREFORMED BUTYL RUBBER. 5.DRAIN MANHOLE FRAME AND COVER SHALL BE SET IN FULL 12" MORTAR BED. ADJUST TO GRADE WITH PRECAST CONCRETE RISER OR BRICK. 6.DO NOT PLACE MORTAR BED AROUND STRUCTURE UNTIL IT IS AT THE REQUIRED FINISH ELEVATION AND ALIGNMENT. 7.FRAME AND COVER SHALL CONFORM TO MASSACHUSETTS STANDARDS HEAVY DUTY (EAST JORDAN, NEENAH, OR APPROVED EQUIVALENT). SEE NOTE 3. 48" DIA. (MIN.) 8" (MIN.) 24" DIA. ACCESS 8" 24" DIA. ACCESS 8" FINISH GRADE 12" DIA. VARIES 6" STEPS (SEE NOTE 2) PRECAST DRAIN MANHOLE (DMH) NOT TO SCALE ALTERNATE TOP SLAB APPROVED SUBGRADE COMPACTED GRAVEL GENERAL NOTES: 1.SUB GRADE (EXISTING MATERIAL) SHALL CONSIST OF INERT MATERIAL THAT IS HARD, DURABLE STONE AND/OR COURSE SAND, FREE FROM LOAM AND ORGANIC MATERIAL. 2.SUB GRADE FILL SHALL BE COMPACTED TO 95% COMPACTION UNLESS OTHERWISE DIRECTED BY THE ENGINEER. 3.SEE SITE PLAN FOR LAYOUT AND LOCATION 4.SEE GRADING PLANS FOR PAVEMENT SLOPE AND CROSS SLOPE. 5.PRIOR TO INSTALLATION THE CONTRACTOR SHALL COORDINATE AND CONFIRM INSTALLATION PROCEDURES WITH GEOGRID MANUFACTURER. GRAVEL PARKING AREA NOT TO SCALE APPROVED SUB GRADE WELL-GRADED COMPACTED DENSE GRADE STONE X X TENSAR TRIAX TX5 GEOGRID OR APPROVED EQUIVALENT 4" 6" DRAINAGE STRUCTURE FRAME AND COVER OR GRATE NOT TO SCALE NOTES: 1.FRAME AND COVER TO CONFORM TO RIDOT (EAST JORDAN, NEENAH, OR APPROVED EQUIVALENT) 2.ALL H20 LOADING 3.MIN. FRAME WEIGHT: 4" FLANGE 295 LBS 3" FLANGE 265 LBS 4.MATERIAL-CAST IRON 5.MIN. GRATE WEIGHT: 200LBS. 6.SEE CATCHBASIN AND MANHOLE DETAILS FOR INSTALLATION. 24" 3" MIN. 4" TYP. 7/8" 2" 1'-93 4" 21 8"51 8" 3" 24" 11 4" 21 2" 2" 24" 24" 1" LIFT HOLE 24"11 4" 11 2"MIN. 1" DRAIN 3" GRATE PLAN SOLID COVER PLAN SECTION A-A SECTION A-A SOLID COVER MANHOLE FRAME A A A A GUTTER LINE ℄ PLANTABLE CONCRETE PAVERS NOT TO SCALE NOTES: 1.SEE SPECIFICATIONS FOR PLANTABLE/PERMEABLE PAVER REQUIREMENTS. 2.REFER TO MANUFACTURERS REQUIREMENTS FOR ADDITIONAL INSTALLATION REQUIREMENTS 3.FILTER FABRIC AROUND PERIMETER AND BOTTOM OF STONE BASE. KEY IN MINIMUM 6". 6" MIN. FILTER FABRIC OVERLAP 6" PAVER INSTALLATION SECTION 2" 24" PER MAT 24" PER MAT PAVER MAT PLAN VIEW 1 1 2" INFILL DETAIL SAND FOR LEVELING NON-WOVEN FILTER FABRIC SUBBASE SLOPED TO MATCH PAVER SLOPE WASHED STONE 12" MAX. SAND FOR INFILL INLET FLUME NOT TO SCALE WIDTH VARIES 2 1 2 1 6" 6" 2'4' WIDE AT END 1' EXTEND FLUME 1' MIN. PAST TOS NOTES: 1.THE END SECTION TO BE UNDERCUT SO THAT THE INVERT OF THE APRON TO BE AT THE SAME GRADE (FLUSH) WITH THE SURFACE OF THE RECEIVING CHANNEL. 2.THE WIDTH OF THE END OF THE APRON TO BE EQUAL TO THE BOTTOM WIDTH OF THE RECEIVING CHANNEL. MAXIMUM TAPER TO RECEIVING CHANNEL 5:1. 6.THE GEOTEXTILE FILTER FABRIC TO BE MIRAFI 140N OR EQUIVALENT SL O P E BO T T O M SL O P E BO T T O M BIT. BERM OR CURB GUTTER LINE BOTTOM TREATMENT SEE SITE PLAN BITUMINOUS APRON APPROVED SUBGRADE TOE FABRIC STONE & FABRIC FINISH PAVEMENT LOW POINT ROAD BASE TWO LAYERS BITUMINOUS CONCRETE (SEE DETAIL) APPROVED SUBGRADE PLAN VIEW CHANNEL SECTION SECTION VIEW BOTTOM TREATMENT SEE SITE PLAN R = 3.0' LOW POINT BOTTOM TREATMENT SEE SITE PLAN OVERLAP PAVING ONTO BOTTOM MATERIAL TIMBER PARKING BARRIER NOT TO SCALE NOTES: 1.SEE SPECIFICATIONS FOR ADDITIONAL INFORMATION. 2.POST AND RAILS TO BE PRESSURE TREATED LUMBER 3.ALL SPLICES ARE TO BE MADE AT POSTS. 4.BUMPER ANCHORS TO BE RAIL BOLTS WITH NUTS AND WASHER CONNECTION. FASTENERS TO BE HOT DIPPED GALVANIZED OR STAINLESS STEEL MATCHING ASTM A153 AND ASTM A653. 5.THE CONTRACTOR TO INSTALL EITHER TWO 3/4"Ø BOLTS OR ONE 2"Ø BOLT AT EACH RAIL TO POST CONNECTION. 6.COMPACTED GRAVEL FOOTING TO EXTEND AROUND THE ENTIRE POST. EXISTING GRADE SECTION 2 PLAN 4" X 8" RAIL 3'-9" 6" MIN. SECTION 1 12" x 6" HORIZONTAL REFLECTOR (1 PER RAIL O.C.) 4" X 8" RAIL FASTENERS (SEE NOTES) SPLICE RAIL AT POST 6" X 6" POST TOP POST FLUSH W/RAIL COMPACTED GRAVEL HEX NUT & WASHER COUNTER-SUNK NO SPACER 6" X 6" POST BOLT & WASHER BOLT & WASHER (SEE NOTES) HEX NUT & WASHER COUNTER-SUNK 2'-3" 8'-0" O.C. 4" 6" MIN. INVERT NOTES: 1.ALL SECTIONS TO BE DESIGNED FOR HS-20 LOADING. 2.PROVIDE "V" KNOCKOUTS FOR PIPES WITH 2" MAX. CLEARANCE TO OUTSIDE OF PIPE. MORTAR ALL PIPE CONNECTIONS. 3.JOINT SEALANT BETWEEN PRECAST SECTIONS TO BE PREFORMED BUTYL RUBBER. 4.CATCH BASIN FRAME AND GRATE TO BE SET IN FULL MORTAR BED. ADJUST TO GRADE WITH CLAY BRICK AND MORTAR (2 BRICK COURSES TYPICALLY, 5 BRICK COURSES MAXIMUM). 5.FRAME AND COVER TO CONFORM TO MASSACHUSETTS STANDARDS (LEBARON FOUNDRY, MODEL LV2448-2, OR APPR. EQUIVALENT). 6.HOOD TO BE "SNOUT" OR APPROVED EQUIVALENT. PRECAST DOUBLE INLET CONCRETE CATCH BASIN (DCB) WITH HOOD NOT TO SCALE 8" (MIN.)12" 12" INS. DIA. 12" (MIN.) 8" 24"24" 3" TOP SLAB 72" DIA. 12" 4' (MIN.) RISER AS REQ'D SECTION(S) MONOLITHIC BASE SECTION SEE NOTE 4 SEE NOTE 3 FINISH GRADE OUTLET PIPE SEE NOTE 2. COMPACTED GRAVEL COMPACTED SUBGRADE HOOD FLOATING DOCK WITH KAYAK LAUNCH AND GANGWAY NOT TO SCALE (5) Re v i s i o n s Ap p r . Re v . Da t e By De s c r i p t i o n 1 2 3 4 5 6 7 JA N U A R Y 2 0 2 3 M C L M C L RA C CO N S T R U C T I O N D E T A I L S ( 2 ) LO N G P O N D T O W N B E A C H BO A T R A M P & P A R K I N G I M P R O V E M E N T S BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Sheet : Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 6 4 4 Ph o n e : (50 8 ) - 8 3 3 - 6 6 0 0 Fa x : (50 8 ) - 8 3 3 - 3 1 5 0 Da t e d : Ju n e 2 7 , 2 0 1 7 Br e w s t e r D e p a r t m e n t o f Na t u r a l R e s o u r c e s 21 9 8 M a i n S t r e e t Br e w s t e r , M A 0 2 6 3 1 Ph o n e : (50 8 ) 5 2 5 - 9 1 3 5 Fa x : --- - 9 1017090of la s t m o d i f i e d : 0 1 / 0 2 / 2 3 p r i n t e d : 0 1 / 0 5 / 2 3 b y m l H: \ P r o j e c t s \ 2 0 1 7 \ 1 7 0 9 0 B r e w s t e r L o n g P o n d R a m p \ D r a w i n g s \ 1 7 0 9 0 D E . d w g 08 / 0 9 / 2 0 1 6 JJ L JJ L Fo r e b a y a n d S t o n e E m b a n k m e n t 9C - Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s ww w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . 1 3 WET SWALE CHANNEL SECTION NOT TO SCALE 2'-6"4'-0"4'-0" APPROVED NATIVE MATERIAL 4" PLANTING SOIL SEE PLANTING PLAN AND DETAILS NOTES: 1.BOTTOM AND SIDESLOPES WITHIN THE GRASS CHANNEL SHALL BE STABILIZED WITH JUTE MESH MATTING OR ENGINEER APPROVED EQUAL. 2.RUNNING SLOPE OF CHANNEL SHALL SUIT PLAN. 3.BOTTOM SHAPE SHALL BE PARABOLIC. MIN. CHANNEL DEPTH 9" FLOW 6" MAX. STONE CHECK NOT TO SCALE 8" MAX. FILTER FABRIC COMPACTED GRAVEL 6" 1' 18" (SEE NOTE 1) A A 6" 6" 6" MIN. NOTES: 1.KEY STONE INTO THE BANKS AND EXTEND INTO THE ABUTMENTS A MINIMUM OF 18" TO PREVENT FLOW FROM DIVERTING THE CHECK DAM. 2.THE CHECK DAM SHALL BE CONSTRUCTED OF 18"-24" NATURAL STONE. THE STONE SHALL BE PLACED SO THAT IT COMPLETELY COVERS THE WIDTH OF THE SWALE AND BE KEYED IN THE BANKS. 3.THE TOP OF THE CHECK DAM SHALL BE CONSTRUCTED SO THE CENTER IS APPROXIMATELY 6" LOWER THAN THE OUTER EDGES, FORMING A WEIR THAT WATER CAN FLOW ACROSS. 4.THE MAXIMUM HEIGHT OF THE CHECK DAM AT THE CENTER SHALL NOT EXCEED 6". ELEVATION SECTION A-A 18" MIN. 96" MAX. INSPECTION PORT NOT TO SCALE NOTES: 1.INSPECTION PORT MUST BE CONNECTED THROUGH KNOCK-OUT LOCATED AT CENTER OF CHAMBER. 2.ALL SCHEDULE 40 FITTINGS TO BE SOLVENT CEMENTED. CONNECTION DETAIL 8" 96" MAX.18" MIN. H20-LOADING COVER BOX 4" SCH 40 SCREW-IN CAP CONCRETE COLLAR FINISH GRADE 4" SCH 40 PVC 4" SCH 40 PVC COUPLING 4" SCH 40 PVC CORE 4.5"Ø HOLE IN CHAMBER (4.5" HOLE SAW REQ'D) SC-310 CHAMBER AASHTO M288 CLASS 2 NON-WOVEN GEOTEXTILE 4" PVC RISER SECTION VIEW A-A STORMTECH DOUBLE MANIFOLD MANUFACTURED BY ADS A A NOTE: MANIFOLDS ARE DESIGNED TO BE COUPLED TO STORMTECH PREFABRICATED END CAPS. WHEN USING STANDARD END CAPS, CORRUGATE PIPE UP TO 10 INCHES CAN BE INSERTED DIRECTLY INTO THE END CAP. FOR 12" INLET PIPES, A CORRUGATED TO SMOOTH PIPE ADAPTER IS REQUIRED. ADS MANIFOLD DETAIL NOT TO SCALE 18" DUAL-WALL CORRUGATED HDPE MANIFOLD WITH 12" STUBS MANHOLE WHERE SHOWN ON PLAN A A SECTION A-A B B SECTION B-B IN FROM DRAINAGE NETWORK UNDERGROUND STORMWATER CHAMBER NOT TO SCALE IN FROM DRAINAGE NETWORK INLET PIPE INV:34.25 TOP OF STONE EL:36.58 TOP OF CHAMBER EL:35.58 FINISHED GRADE (VARIES) BOTTOM OF CHAMBER EL:34.25 BOTTOM OF STONE EL:33.25 PREFABRICATED END CAP INLET PIPE SET AT BOTTOM OF END CAP MANIFOLD PIPE CHAMBERS HDPE MANIFOLD INLET PIPE (SEE DETAIL) CHAMBER SEE SITE PLAN FOR LAYOUT STORMTECH MANIFOLD DETAIL NOT TO SCALE IN FROM DRAINAGE NETWORK STORMTECH CHAMBERS MANIFOLD 48" MIN. Ø STRUCTURE WITH 24" MIN. SUMP SC-310 CHAMBER SC-310 END CAP STORMTECH SC-310 CHAMBER TYPICAL CROSS SECTION NOT TO SCALE 18" MIN. 6"34"12" 12" 16" PAVEMENT 3/4"- 2" WASHED, CRUSHED, ANGULAR STONE AASHTO M288 CLASS 2 NON-WOVEN GEOTEXTILE APPROVED NATIVE SUBGRADE FOR UNPAVED INSTALLATION WHERE RUTTING FROM VEHICLES MAY OCCUR, INCREASE COVER TO 24 INCHES WHERE POSSIBLE 12" NOTES: 1.CHAMBERS SHALL MEET ASTM F 2418-05 "STANDARD SPECIFICATION FOR POLYPROPYLENE (PP) CORRUGATED WALL STORMWATER COLLECTION CHAMBERS". 2.APPROVED BASE MATERIAL TO BE GRANULAR WELL GRADED SOIL/AGGREGATE MIXTURES WITH <35% FINES. COMPACT IN 6" LIFTS TO 95% PROCTOR DENSITY. SEE TABLE OF ACCEPTABLE FILL MATERIALS IN STORMTECH'S DESIGN/INSTALLATION MANUAL(S), OR WWW.STORMTECH.COM. 3.THE INSTALLED CHAMBER SYSTEM SHALL PROVIDE THE LOAD FACTORS SPECIFIED IN THE AASHTO LRFD BRIDGE DESIGN SPECIFICATIONS SECTION 12.12 FOR EARTH AND LIVE LOADS, WITH CONSIDERATION FOR IMPACT AND MULTIPLE VEHICLE PRESENCE. 4.FOR INFORMATION, CONTACT STORMTECH AT 1-888-892-2694. APPROVED COMPACTED SOIL/ AGGREGATE BASE (NOTE 3) 8' MAX. A B C D VARIES 6" NOTE: 1.KEY CURBING INTO THE FOREBAY SIDE SLOPES. EXTEND A MINIMUM OF 2' TO PREVENT FLOW FROM DIVERTING THE CHECK DAM. 2.USE RECLAIMED OR RECYCLED GRANITE CURB I WHEN POSSIBLE. PROVIDE LENGTHS AND DIMENSIONS TO MATCH PLANS AND DETAILS. 3.SEE PLANS AND SCHEDULE FOR CHECKDAM LENGTH, LAYOUT AND CONFIGURATION. CURB CHECK NOT TO SCALE TOE INTO SLOPE 2' MIN. NATIVE SUBGRADE FILTER FABRIC COMPACTED GRAVEL 18" CURBING CHANNEL BOTTOM RECLAIMED 18" GRANITE OR PRE-CAST CONCRETE CURB 6" SET TOP OF CURB(S) LEVEL SECTION A-APROFILE A A FLOW SEE SITE PLAN SEE SITE PLAN SEE SITE PLAN TOP OF CHECK FOREBAY NOT TO SCALE NOTES: 1.SEE PLANTABLE PAVER DETAIL AND SPECIFICATIONS FOR PLANTABLE PAVER REQUIREMENTS. 2.INSTALL PLANTABLE/PERMEABLE PAVER SYSTEM PER MANUFACTURERS REQUIREMENTS. 3.SHAPE FOREBAY AS REQUIRED WITH MIN. 6" SIDE SLOPE DEPTH. DO NOT EXCEED 3:1 SIDE SLOPES. 4.STEEL LANDSCAPE EDGING TO BE 14" THICKNESS HEAVY-DUTY STEEL WITH NATURAL FINISH. A A SECTION B-B B B SECTION A-A 6" 2" REVEAL MAX.3:1 SLO P E M A X . 12" SEE PLAN(S) SEE PLAN(S) PLANTABLE CONCRETE PAVER SYSTEM (SEE DETAIL) PAVER SYSTEM BEDDING MATERIAL AND SUBGRADE COMPACTION PER MANUFACTURER'S REQUIREMENTS FLOW CURB CHECK SEE DETAIL SEE LANDSCAPE PLAN(S) FOR PLANTINGS STEEL LANDSCAPE EDGING INFLOW ROUNDED RIVER STONE D50 = 3" 6" NON-WOVEN FILTER FABRIC OVERFLOW SPILLWAY NOT TO SCALE SECTION A-A SECTION B-B A A BB A A 1 2 6" ENERGY DISSIPATION AREA SHAPE CHANNEL AS REQUIRED FILTER FABRIC ENERGY DISSIPATION AREA RIP RAP D50 = 6" COMPACTED GRAVEL SUBGRADE STONE AT 2:1 SLOPE ALONG SIDES OF SWALE FILTER FABRIC 12" DRAINAGE OUTFALL (SEE SITE PLAN) 6" SEE SITE PLAN FOR DIMENSIONS AND LAYOUT GENERAL PLANTING NOTES: 1. THE FOLLOWING NOTES ARE PROVIDED AS GENERAL PLANTING GUIDELINES ONLY. THOROUGHLY REVIEW THE PROJECT SPECIFICATIONS FOR ALL LANDSCAPE REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY LANDSCAPE WORK. SUBMIT IN WRITING TO THE LANDSCAPE ARCHITECT ANY QUESTIONS OR CLARIFICATIONS REQUIRED AT A MINIMUM OF 30 DAYS PRIOR TO ORDERING ANY MATERIALS OR BEGINNING ANY LANDSCAPE CONSTRUCTION. 2. SUBMIT TO THE LANDSCAPE ARCHITECT/ENGINEER FOR REVIEW AND APPROVAL ALL REQUIRED LANDSCAPE SUBMITTALS AS DESCRIBED IN THE SPECIFICATIONS INCLUDING A PLANT LIST WITH PLANT SIZE AND QUANTITIES TO BE ORDERED PRIOR TO DELIVERY TO THE PROJECT SITE. 3. FURNISH AND INSTALL ALL PLANTS AS SHOWN ON THE DRAWINGS AND IN THE SIZE AND QUANTITIES SPECIFIED ON THE PLANTING SCHEDULE. PLANT SUBSTITUTION SELECTION MUST BE APPROVED BY BIOLOGIST OR LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. 4. ALL PLANTS TO COMPLY WITH APPLICABLE REQUIREMENTS OF ANSI Z60.1 "AMERICAN STANDARD FOR NURSERY STOCK." LATEST EDITION, PUBLISHED BY THE AMERICAN NURSERY AND LANDSCAPE ASSOCIATION INC. 5. PLANTS TO BE GROWN UNDER CLIMATIC CONDITIONS SIMILAR TO THOSE IN THE LOCALITY OF THE PROJECT FOR AT LEAST TWO (2) YEARS. USE HEALTHY NURSERY GROWN PLANTS THAT HAVE A WELL DEVELOPED ROOT SYSTEM. PLANTS MUST BE FREE OF DISEASE, INSECTS, EGGS OR LARVAE. 6. INSTALL PLANTS WITHIN ONE (1) WEEK OF PURCHASE. IF PLANTS ARE TO BE STORED AT THE SITE PRIOR TO PLANTING, IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE THEY ARE PROPERLY MAINTAINED, WATERED, AND REMAIN HEALTHY. 7. PROCEED WITH PLANTING ONLY WHEN EXISTING AND FORECASTED WEATHER CONDITIONS PERMIT. SUBMIT TO THE LANDSCAPE ARCHITECT IN WRITING THE PROPOSED PLANTING SCHEDULE. OBTAIN APPROVAL OF PLANTING SCHEDULE FROM THE LANDSCAPE ARCHITECT PRIOR TO PERFORMING ANY WORK. 8. SEASONS FOR PLANTING: SPRING: DECIDUOUS:APRIL 1 TO JUNE 15 EVERGREEN: APRIL 1 TO JUNE 15 PERENNIALS: APRIL 15 TO JUNE 1 GROUNDCOVERS: APRIL 15 TO JUNE 1 FALL: DECIDUOUS:SEPTEMBER 15 TO NOVEMBER 15 EVERGREEN: SEPTEMBER 15 TO NOVEMBER 15 PERENNIALS: SEPTEMBER 15 TO NOVEMBER 15 GROUNDCOVERS: SEPTEMBER 15 TO NOVEMBER 15 9. PLANTING UNDER FROZEN CONDITIONS WILL NOT BE PERMITTED. PLANTING BEFORE OR AFTER THE ABOVE REFERENCED PLANTING DATES WILL INCREASE THE LIKELIHOOD OF PLANT ESTABLISHMENT FAILURE. ANY DEVIATION FROM THE ABOVE REFERENCED PLANTING DATES IS UNDERTAKEN AT SOLE RISK OF THE CONTRACTOR AND IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO PROVIDE ANY ADDITIONAL MAINTENANCE AND WATERING WHICH MAY BE REQUIRED TO ENSURE SATISFACTORY PLANT ESTABLISHMENT. 10. FURNISH ONE YEAR MANUFACTURER WARRANTY FOR TREES, PLANTS, AND GROUND COVER AGAINST DEFECTS INCLUDING DEATH AND UNSATISFACTORY GROWTH. EXCEPTIONS ARE DEFECTS RESULTING FROM LACK OF ADEQUATE MAINTENANCE, NEGLECT OR ABUSE BY OWNER, OR ABNORMAL WEATHER CONDITIONS UNUSUAL FOR WARRANTY PERIOD. THE DATE OF FINAL ACCEPTANCE OF ALL COMPLETED PLANTING WORK ESTABLISHES THE END OF INSTALLATION AND INITIAL MAINTENANCE PERIOD AND THE COMMENCEMENT OF THE GUARANTEE PERIOD. 11. ALL TREES WITHIN 5'-0" OF WALKWAYS AND ROADWAYS TO HAVE A 6'-8" STANDARD BRANCHING HEIGHT. 12. INSPECT ALL AREAS TO BE PLANTED OR SEEDED PRIOR TO STARTING ANY LANDSCAPE WORK. REPORT ANY DEFECTS SUCH AS INCORRECT GRADING, INCORRECT SUBGRADE ELEVATIONS OR DRAINAGE PROBLEMS, ETC. TO THE LANDSCAPE ARCHITECT AND ENGINEER PRIOR TO BEGINNING WORK. COMMENCEMENT OF WORK INDICATES ACCEPTANCE OF SUBGRADE AREAS TO BE PLANTED, AND THE LANDSCAPE CONTRACTOR ASSUMES RESPONSIBILITY FOR ALL LANDSCAPE WORK. 13. PROVIDE PROPER PREPARATION OF ALL PROPOSED PLANTED AND SEEDED AREAS PER THE NOTES AND SPECIFICATIONS. 14. ALL PLANT LAYOUT AND ACTUAL PLANTING LOCATIONS ARE TO BE FIELD VERIFIED BY LANDSCAPE ARCHITECT/ENGINEER PRIOR TO PLANTING. NOTIFY THE LANDSCAPE ARCHITECT AT A MINIMUM OF 48 HOURS IN ADVANCE PRIOR TO SCHEDULING ANY FIELD INSPECTIONS. 15. BALL AND BURLAP: REMOVE BURLAP AND WIRE BASKETS FROM TOPS OF BALLS AND FROM TOP HALF OF ROOTBALL AS INDICATED ON DRAWINGS. REMOVE PALLETS, IF ANY, BEFORE SETTING. 16. POTTED PLANTS: REMOVE THE PLANT FROM THE POT AND LOOSEN OR SCORE THE ROOTS BEFORE PLANTING TO PROMOTE OUTWARDS ROOT GROWTH INTO THE SOIL. 17. PLUGS: PLANT UPRIGHT AND NOT AT AN ANGLE. DIG PLANTING HOLES LARGE ENOUGH AND DEEP ENOUGH TO ACCOMMODATE THE ENTIRE ROOT MASS. PLANT PLUGS WITH NO TWISTED OR BALLED ROOTS AND WITH NO ROOTS EXPOSED ABOVE THE GRADE LINE. HAND PACK THE SOIL AROUND THE ENTIRE PLUG ROOT MASS. 18. DIG THE THE PLANTING HOLE TO THE SAME DEPTH AS THE ROOT BALL AND TWO TO THREE TIMES WIDER. SCORE ALL SIDES OF THE HOLE, PLACE THE PLANT IN THE HOLE SO THE TOP OF ROOT BALL IS EVEN WITH SOIL SURFACE. FILL THE HOLE HALFWAY AND THEN ADD WATER ALLOWING IT TO SEEP INTO BACK FILLED MATERIAL. BE SURE TO REMOVE ALL AIR POCKETS FROM BACK FILLED SOIL. DO NOT SPREAD SOIL ON TOP OF THE ROOTBALL. IF SOIL IS EXTREMELY POOR, REPLACE BACK FILL WITH GOOD QUALITY TOP SOIL. AMEND THE SOIL, AS NECESSARY. 19. CREATE A 2" TO 4" BERM AROUND THE EDGE OF PLANTING HOLE WITH REMAINING SOIL TO RETAIN WATER. DO NOT CREATE A BERM AROUND PLANTS IN THE VEGETATED SWALE. 20. REMOVE ALL PLANT TAGS AND FLAGS FROM THE PLANTS. 21. ALL PLANTS TO RECEIVE 2-3 INCHES OF MULCH EXCEPT THOSE WITHIN THE VEGETATED SWALE. DO NOT PILE OR MOUND MULCH AROUND THE PLANT STEMS OR TRUNK. 22. TRIM BROKEN AND DEAD BRANCHES FROM TREES AND SHRUBS AFTER PLANTING. NEVER CUT A LEADER. 23. DO NOT USE FERTILIZERS IN THE RESOURCE AREAS. SEE SPECS FOR ANY FERTILIZER USE. 24. ENSURE NO SOIL COMPACTION DURING PLANT INSTALLATION. PLANTING IN EROSION CONTROL BLANKET NOT TO SCALE NOTES: 1. CUT THE FABRIC IN AN "X" SHAPE TO ACCOMODATE 2 TIMES THE DIAMETER OF THE ROOTBALL. 2. FOLD FABRIC BACK AND PIN DOWN TO CREATE A HOLE IN THE MAT. 3. DIG THE HOLE PER PLANTING DETAILS. 4. AFTER PLANTING, FOLD FABRIC BACK INTO PLACE AND STAPLE DOWN AS REQUIRED TO SECURE FABRIC IN PLACE. PLANT SPACING AND QUANTITIES PER PLANTING PLANS CUT THE FABRIC IN AN "X" SHAPE-SEE NOTES STAPLE FABRIC AFTER PLANTING FOLD FABRIC BACK AND PIN DOWN-SEE NOTES SEE TYPICAL EROSION CONTROL BLANKET DETAIL FOR FABRIC INSTALLATION 02 / 1 1 / 2 2 K J K H L C R E V I S E D N O T E S A N D D E T A I L S Re v i s i o n s Ap p r . Re v . D a t e B y D e s c r i p t i o n 1 2 3 4 5 6 7 PL A N T I N G D E T A I L S LO N G P O N D T O W N B E A C H BO A T R A M P & P A R K I N G I M P R O V E M E N T S BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Sheet : 10L - Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 6 4 4 Ph o n e : (50 8 ) - 8 3 3 - 6 6 0 0 Fa x : (50 8 ) - 8 3 3 - 3 1 5 0 Da t e d : Ju n e 2 7 , 2 0 1 7 Br e w s t e r D e p a r t m e n t o f Na t u r a l R e s o u r c e s 21 9 8 M a i n S t r e e t Br e w s t e r , M A 0 2 6 3 1 Ph o n e : (50 8 ) 5 2 5 - 9 1 3 5 Fa x : --- - 10 1017090of la s t m o d i f i e d : 0 1 / 0 5 / 2 3 p r i n t e d : 0 1 / 0 5 / 2 3 b y k k H: \ P r o j e c t s \ 2 0 1 7 \ 1 7 0 9 0 B r e w s t e r L o n g P o n d R a m p \ D r a w i n g s \ 1 7 0 9 0 L A . d w g --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - --- - - - - - - - - - PACK BACKFILL BY HAND PLANT 12-18" ON CENTER 12-18" O.C. 12-18" O.C.PLANT CELL PLUG PLANTING DETAIL NOT TO SCALE AS NOTED IN PLANT LIST GENERAL SEEDING NOTES: 1. SEND A REPRESENTATIVE SAMPLE OF THE TOPSOIL TO A TESTING LABORATORY FOR STANDARD SOIL ANALYSIS AS DESCRIBED IN THE SPECIFICATIONS. SUBMIT TO THE LANDSCAPE ARCHITECT/ENGINEER TEST RESULTS WITH RECOMMENDED SOIL TREATMENTS TO PROMOTE PLANT AND GRASS GROWTH. CORRECT DEFICIENCIES IN THE LOAM AND STOCKPILED TOPSOIL AS DIRECTED BY THE TESTING AGENCY. 2. ALL AREAS THAT ARE DISTURBED AND/OR GRADED DURING CONSTRUCTION ARE TO BE BROUGHT TO FINISHED GRADE WITH AT LEAST 4" MINIMUM DEPTH OF GOOD QUALITY LOAM AND SEEDED WITH A QUICK GERMINATING GRASS SEED SUCH AS NEW ENGLAND EROSION CONTROL RESTORATION MIX OR AS SPECIFIED ON THE PLANS. 3. PRIOR TO THE PLACEMENT OF TOP SOIL, LOOSEN THE SUBGRADE OF ALL PROPOSED SEEDED AREAS TO A DEPTH OF 6" AND RAKE TO REMOVE STONES LARGER THAN 1 INCH, STICKS, ROOTS, RUBBISH AND OTHER EXTRANEOUS MATTER AND LEGALLY DISPOSE TO AN OFF SITE LOCATION. 4. DO NOT SPREAD TOPSOIL IF THE SUBGRADE IS FROZEN, EXCESSIVELY WET, COMPACTED OR NOT PROPERLY PREPARED PER THE NOTES AND SPECIFICATIONS. 5. SEE SPECIFICATIONS FOR SEASONAL REQUIREMENTS FOR SEEDING. WATERING NOTES: 1. PROVIDE PROPER PLANT CARE, MAINTENANCE AND WATERING ON SITE UNTIL SUCH TIME AS THE LANDSCAPING IS ACCEPTED BY THE PROPERTY OWNER AS SATISFACTORY PER THE SPECIFICATIONS OR AS DETERMINED BY ANY WRITTEN AGREEMENTS BETWEEN THE CONTRACTOR AND PROPERTY OWNER. 2. ESTABLISH AN APPROPRIATE WATERING SCHEDULE FOR ALL PLANT MATERIAL BASED UPON PLANT SPECIES REQUIREMENTS AND SITE CONDITIONS. PROVIDE SCHEDULE IN WRITING TO THE LANDSCAPE ARCHITECT/ENGINEER AND OWNER FOR REVIEW AND APPROVAL. ADHERE TO THE APPROVED SCHEDULE UNTIL PLANTS ARE FULLY ESTABLISHED. 3. AT A MINIMUM THE NEWLY SEEDED AREAS SHOULD BE WATERED 2-3 TIMES PER WEEK DURING DROUGHT CONDITIONS AND THROUGHOUT ESTABLISHMENT. SPECIAL CARE SHOULD BE TAKEN TO ENSURE THAT THE AREA IS NOT SATURATED DURING WATERING. IF AN IRRIGATION SYSTEM IS NOT PROVIDED, A TEMPORARY IRRIGATION SYSTEM OR HANDHELD GARDEN HOSE SHALL BE USED FOR WATERING SEEDED AREAS. THE AREA MUST BE MAINTAINED CONSISTENTLY MOIST FOR THE BEST GERMINATION RESULTS. ADDITIONAL WATERING MAY BE REQUIRED IF PLANTING AND SEEDING OCCUR OUTSIDE OF THE RECOMMENDED PLANTING SEASONS. JA N U A R Y 2 0 2 3 KJ K KJ K HL C Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s ww w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . PLANTING LAYOUT NOTES 1. FOR AREAS WITH MIXED PERENNIALS AND/OR GRASSES (SHOWN AS HATCHED AREAS ON PLANS), DO NOT PLANT IN A PATTERN OR WITH LARGE AREAS OF THE SAME SPECIES. RANDOMLY PLANT AS INDICATED ON THE PLANTING PLANS INTO SMALL GROUPINGS OF THE SAME SPECIES TO CREATE A MORE NATURALISTIC APPEARANCE. PLANT THE SAME PLANT SPECIES IN GROUPS OF 3-7 AND NOT LARGER THAN 7, DEPENDING ON THE OVERALL NUMBER OF PLANTINGS. 4" MIN. LOAM AND SEED DETAIL NOT TO SCALE TOPSOIL- NO STONES GREATER THAN 1" Ø, COMPACT WITH A HANDROLLER IN TWO DIRECTIONS AND FINE RAKE PRIOR TO SEEDING. SUBSOIL- COMPACTION NO > 90% DENSITY FINISH GRADE SEED AS SPECIFIED IN NOTES AND DRAWINGS. SUBSOIL- SCARIFY AND LOOSEN ROUGH GRADE PRIOR TO TOPSOIL PLACEMENT NOTES: 1. SEE LANDSCAPE GRADING SPECIFICATIONS FOR TOPSOIL REQUIREMENTS. 2. CONFIRM SUBGRADES ARE CORRECT AND POSITIVE DRAINAGE IS MAINTAINED PRIOR TO PLACEMENT OF TOPSOIL. 3. NOTIFY ENGINEER/LANDSCAPE ARCHITECT FOR REVIEW OF SUBGRADE PRIOR TO PLACEMENT OF THE TOPSOIL. RETAIN SAME FINISH GRADE AFTER PLANTING AS ORIGINAL GRADE BEFORE DIGGING GENTLY HAND-LOOSEN SOIL FROM AROUND ROOTBALL WITHOUT SEVERING MAIN ROOTS. SPREAD ROOTS OVER MOUND OF UNDISTURBED SUBGRADE 3" PINEBARK MULCH. PULL MULCH 3"-6" AWAY FROM BASE OF PERENNIAL. REMOVE SAUCER AFTER ONE SEASON. MOUND WITH EXCAVATED SOIL TO 3" ABOVE FINISHED GRADE. EXCAVATE HOLE TO DIAMETER 2X WIDER THAN ROOTBALL. BACKFILL WITH LOAM. 2 x ROOT BALL DIAM. PERENNIAL PLANTING DETAIL NOT TO SCALE LOOSEN ROOTS SCORE ROOTBALL IF POT-BOUND REMOVE CONTAINER CONTAINER PLANT ROOTBALL TREATMENT NOT TO SCALE 2"-4" SOIL BERM 3" SHREDDED MULCH AS INDICATED PRUNE BROKEN OR DEAD BRANCHES AS DIRECTED BY LANDSCAPE ARCHITECT PLANT SHRUB PLUMB TOP OF ROOTBALL TO MATCH FINISH GRADE WITHIN 1" UNDISTURBED PERVIOUS SOIL PREPARED PLANTING SOIL MIXTURE 2 x DIAMETER OF ROOTBALL REMOVE TOP THIRD OF BURLAP AT ROOTBALL SCARIFY BOTTOM OF PLANTING HOLE 4" DEEP SHRUB PLANTING DETAIL NOT TO SCALE 6" MIN. EQ. EQ. USE EQUIDISTANT TRIANGULAR SPACING FOR PLANTS - FOR ACTUAL SPACING SEE PLANS OR PLANTING SCHEDULE EQ. PLANTING SPACING DETAIL NOT TO SCALE 2x DIAMETER OF ROOT BALL 3'-0" MIN. 4'-0" MIN. 12" MIN. EVERGREEN TREE PLANTING DETAIL NOT TO SCALE PLANT TREE PLUMB - PRUNE BROKEN OR DEAD BRANCHES AS DIRECTED BY LANDSCAPE ARCHITECT NYLON GUY WEBBING- STAPLE OR TIE TO STAKE 3-2"x3"xVARIES WOOD STAKES TO FIRST WHORL OF BRANCHES @ 120 DEGREE INTERVALS AND PLACED PLUMB. REMOVE TOP THIRD OF BURLAP AT ROOTBALL PLANTING SOIL APPROVED SUBGRADE 3" SHREDDED MULCH IN TREE PIT OR AS INDICATED ROOT FLARE AT GRADE DO NOT BURY OF PILE MULCH GRADE SCARIFY SIDE WALLS AND BOTTOM OF TREE PIT 4" DEEP MINIMUM 2 x DIAMETER OF ROOTBALL 4'0" MIN. TREE PLANTING DETAIL NOT TO SCALE 12" MIN. PLANT TREE PLUMB - PRUNE BROKEN OR DEAD BRANCHES AS DIRECTED BY LANDSCAPE ARCHITECT NYLON GUY WEBBING- STAPLE OR TIE TO STAKE 3-2"x3"xVARIES WOOD STAKES TO FIRST WHORL OF BRANCHES @ 120 DEGREE INTERVALS AND PLACED PLUMB. DO NOT PUT STAKES THROUGH ROOTBALL 3" SHREDDED MULCH IN TREE PIT OR AS INDICATED REMOVE TOP THIRD OF BURLAP AT ROOTBALL SCARIFY SIDE WALLS AND BOTTOM OF TREE PIT 4" DEEP 2"-4" SOIL BERM PLANTING SOIL APPROVED SUBGRADE TOP OF ROOTBALL FLUSH WITH FINISH GRADE. ROOT FLARE EXPOSED. DO NOT BURY OR PILE MULCH. GRADE 36" MIN. 24" MIN. SHRUB PLANTING ON SLOPE DETAIL NOT TO SCALE 2 x DIAMETER OF ROOTBALL 6" MIN. 2"-4" SOIL BERM 3" SHREDDED MULCH AS INDICATED REMOVE TOP THIRD OF BURLAP AT ROOTBALL UNDISTURBED PERVIOUS SOIL PREPARED PLANTING SOIL MIXTURE PRUNE BROKEN OR DEAD BRANCHES AS DIRECTED BY LANDSCAPE ARCHITECT PLANT SHRUB PLUMB TOP OF ROOTBALL TO MATCH FINISH GRADE WITHIN 1" NOTES: 1. PLANTING BACKFILL: 1/3 LOAM, 1/3 SAND, 1/3 PEAT, BY VOLUME. 2. WHEN PLANTING ON SLOPE-MODIFY SLOPE AS SHOWN. FIRMLY FORMED SAUCER (USE TOP SOIL) ANGLE OF REPOSE VARIES WITH STEEPNESS OF SLOPE AND SOIL TYPE SCARIFY BOTTOM OF PLANTING HOLE 4" DEEP PLANT TREE PLUMB - PRUNE BROKEN OR DEAD BRANCHES AS DIRECTED BY LANDSCAPE ARCHITECT NYLON GUY WEBBING- STAPLE OR TIE TO STAKE 3" SHREDDED MULCH IN TREE PIT OR AS INDICATED REMOVE TOP THIRD OF BURLAP AT ROOTBALL PREPARED PLANTING SOIL MIXTURE PERVIOUS SOIL 2 x DIAMETER OF ROOT BALL 4'-0" MIN. 3'-0" MIN.12" MIN 3-2"x3"xVARIES WOOD STAKES TO FIRST WHORL OF BRANCHES @ 120 DEGREE INTERVALS AND PLACED PLUMB FIRMLY FORMED SAUCER (USE TOPSOIL) ANGLE OF REPOSE VARIES WITH STEEPNESS OF SLOPE AND SOIL TYPE TREE PLANTING ON SLOPE DETAIL NOT TO SCALE EROSION CONTROL BLANKET NOT TO SCALE BRING MATERIAL DOWN TO A LEVEL AREA W/ 24" BASE EXTENSION, TURN THE END UNDER 4" AND STAPLE AT 12" INTERVALS NOTES: 1. EROSION CONTROL BLANKET TO BE ALL NATURAL MATERIAL SUITABLE FOR TEMPORARY STABILIZATION - NORTH AMERICAN GREEN BIONET S150BN OR APPROVED EQUIVALENT. 2. SLOPE SURFACE SHALL BE SMOOTH BEFORE PLACEMENT FOR PROPER SOIL CONTACT. 3. STAPLING PATTERN AS PER MANUFACTURER'S RECOMMENDATIONS. 4. DO NOT STRETCH BLANKETS/MATTINGS TIGHT. ALLOW THE ROLLS TO MOLD TO ANY IRREGULARITIES. 5. DO NOT USE ON SLOPES LESS THAN 3:1. 6. SEED BEFORE INSTALLATION. PLANTING OF SHRUBS, TREES, ETC. SHOULD OCCUR AFTER INSTALLATION. STAPLE OVERLAPS MAX. 5' SPACING 6" MIN. OVERLAP ANCHOR IN 6"x6" MIN. TRENCH & STAPLE AT 12" INTERVALS 3" MIN. OVERLAPEROSION CONTROL BLANKET NATIVE SEED MIX (SEE SPECIFICATIONS) Select Board Meeting 7.10.23 1 For Your Information (FYIs) 1.Appointments: a.Election Workers b.Drummer Boy Park Advisory Committee i.Allyson Felix ii.Devin McGuire iii.Jillian Douglass iv.Katherine Scott c.Pleasant Bay Alliance Watershed Committee (Kimberly Crocker Pearson) d.Recreation Commission Liaison to the Pond Property Planning Committee (Chris Ellis) 2.Brewster Planning Board ADU Listening Session 3.Brewster Ponds Coalition Pond Summit Recording 4.New Water Pollution Permit System Regulations 5.Resident inquiry of use of Official Brewster Town Seal 6.Habitat for Humanity of Cape Cod Affordable Home Application 7.Health and Human Services Report from Duffy Health Center 8.National Grid Safety Information 9.Brewster Housing Authority Letter regarding Select Board Policy #45 10.Vision Planning Committee Update Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Memo To: Brewster Select Board From: Colette Williams, Town Clerk Date: June 8th, 2023 Re: Election Workers to be appointed Pursuant to Massachusetts General Law Chapter 54, section 12, the attached list of names are being presented to the Brewster Select Board, to be appointed as Election Personnel, effective September 1, 2023 through August 31, 2024. Thank you for your time and attention. Office of: Town Clerk 2023 Election Workers to be appointed by Select Board 6/7/2023 Last Avery First Cheryl Worker Position Best Anne Worker Cohen Amy Worker Briggs David Worker Buhler Mary Beth Worker Burdych , Nancy Worker Busch Pat Worker Carey George Worker Cameron June CLERK Carr ,. Susan Worker Daley Susan Worker Draper Barbara Worker Dugan Annie Worker Eddy o Jim Worker Eddy Mary Worker Elliot-Grunes Lauren CLERK Finch Beth Worker Frissora Steve Worker Galante Pat Worker Gaughram Bob Worker Gengras Debbie Worker Gerrish Lisa Worker Harris Rob Worker Harbeck r Amy Worker Hastings Rheanna Worker Holeman Penny _ Worker Holland Jim Worker Hughes Joanne Worker Johnson Peter Worker Johnson Sandra Worker Kimberley : Cheryl Worker Lagergren Judy Worker LeMatire Anne CLERK Lieb James Worker Lowey Janet Worker MacLellan Simone Worker Martens John Worker Mathison Cynthia CLERK Menges Julie Worker Miller Paula Worker Nabywaniec MaryJo Worker Najarian Stephen Worker Normand Glenda CLERK Oliver Marjorie Worker Otto Marcia Worker Patterson Chris Worker Phillips . Sara Worker Rossiter Christine Worker Ryone Sharon CLERK Scheffer Pete Worker Scheffer Joan CLERCK Semple Bruce Worker Semple Patricia Worker Smith Pam Worker Stanley Pat Worker Taylor Elizabeth Worker Taylor :'Judy Worker Todd -McNichol Judy Worker Van Stone Whitney David Karen Worker Worker Winn Charles WARDEN FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee’s needs. The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. Please complete this form online, or on paper, and submit a résumé if desired to Erika Mawn, Town Administrator’s Executive Assistant: o Email: EMawn@Brewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator’s Office or drop-box outside Town Hall. After your application materials are received, you’ll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: 2. Address: 3. Phone Numbers: Home: Cell: 4. Email: 5. This is an application for: Full member status Alternate status 6. Are you a full-time Brewster resident? Yes No 7. Years you’ve lived in Brewster: 8. Are you registered to vote in Brewster? Yes No 9. Committees you are interested in serving on in order of preference: a. b. c. NOTE: You may attach a résumé or CV instead of completing items 10-14. FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Date of Completion 11. OCCUPATION: ______________________________________________________ Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. Name of Employer Job Title Dates of Employment 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you’d like to serve on a particular committee. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes No 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) Yes No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): 20. ADDITIONAL INFORMATION. Please add any additional information you’d like. a. Name: Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you: FINAL Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree. My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: Massachusetts Conflict of Interest Law, MGL Ch. 268A; Massachusetts Financial Disclosure Law, MGL Ch. 268B; Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; Massachusetts Campaign Finance Law, MGL Ch. 55; and Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. When submitted, I understand that this form becomes a public document. Signature: Date: FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee’s needs. The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. Please complete this form online, or on paper, and submit a résumé if desired to Erika Mawn, Town Administrator’s Executive Assistant: o Email: EMawn@Brewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator’s Office or drop-box outside Town Hall. After your application materials are received, you’ll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. ______________________________________________________________________ 1.Applicant name: 2. Address: 3. Phone Numbers: Home:Cell: 4. Email: 5. This is an application for: Full member status Alternate status 6. Are you a full-time Brewster resident? Yes No 7. Years you’ve lived in Brewster: 8. Are you registered to vote in Brewster? Yes No 9. Committees you are interested in serving on in order of preference: a. b. c. NOTE: You may attach a résumé or CV instead of completing items 10-14. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 Devin McGuire x x 6 x Drummer Boy Park Committee FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. 11. OCCUPATION: Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you’d like to serve on a particular committee. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 Lake Forest College, BA Communications x General Manager, Nauset Rental since 2016 Earthworm, Inc (environmental non profit) Board member since 2015 I am a resident of Brewster who believes that our civic engagement is very important. I am also a parent of a 4 year old and would like to help in the planning and future of Drummer Boy Park, where my family goes often. This committee seems to be a good place for me begin a more serious participation in civic engagement and for a topic that I feel passionately about - a special recreation area of our town that my family and I enjoy. In my current profession, I run a local business overseeing several staff, operations, budgeting and strategic planning. I have a fairly comprehensive understanding of local initiatives and as an employer and resident, understand the challenges that are facing our local communities. I was recently asked to participate advisory committee in my non profit board work to help with a large organizational transition and strategic planning. I'm also an active member in various rec activities and feel strongly about access to recreation areas for our community. I believe I have many transferable skills to assist with the Drummer Boy Park planning. No No Amanda Bebrin Brewster, MA Friend / acquaintance through civic engagement Casey Chatelain Brewster MA Friend FINAL Select Bd Appt Policy; version Oct. 28 20. ADDITIONAL INFORMATION. Please add any additional information you’d like. 21. SIGNATURE. By signing below, you state that you understand and agree. My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: Massachusetts Conflict of Interest Law, MGL Ch. 268A; Massachusetts Financial Disclosure Law, MGL Ch. 268B; Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; Massachusetts Campaign Finance Law, MGL Ch. 55; and Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. When submitted, I understand that this form becomes a public document. Signature: Date: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 4/26/23 FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: Jillian Douglass NMI Brewster Committee Appointments Town of Brewster 2198 Main Street Brewster, MA 02631 March 20, 2023 Dear Ladies & Gentlemen; Please accept the attached application and resume as my expression of interest in serving on the Town of Brewster Visioning Committee, or other support roles in relation to outreach and inclusion in Brewster's Local Comprehensive Planning and other public policy efforts. Brewster has an interested and responsive citizenry with lots of varied opinions and ideas. The Town has historically sought to include and solicit input from as many people and perspectives as possible. I am grateful to live in a community where our people are invited and empowered to participate in our governance and long-term planning. It is a constant challenge to reach out and engage those members of our community who are typically less -able, less - tuned -in, or less -inclined to participate. Brewster is diligent in its efforts, but we can always do better. I expect my 30+ years' experience and specialized training, related to State, Federal and Municipal law with respect to planning, public policy and labor relations to bring strong applicable skills for messaging, survey development, statistical analysis, research, narrative construction, consensus building, conflict resolution, reporting and compliance. I found my prior work on the Vision Advisory Group to be some of the most rewarding work we have undertaken. I would like to offer my time and perspective again, if it is thought my participation could be of assistance. Thank you for your time and consideration, and for everything you do to make and keep our Town so great. Sincerely, (. Jillian Douglass FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: • Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee's needs. • The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. • Please complete this form online, or on paper, and submit a resume if desired to Erika Mawn, Town Administrator's Executive Assistant: o Email: EMawn a@,Brewster-MA.00v o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator's Office or drop -box outside Town Hall. • After your application materials are received, you'll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: 2. Address: ill -4-4)4V DoUCH 3. Phone Numbers: Home: 4. Email: 5. This is an application for: Cell: Full member status 6. Are you a full-time Brewster resident? U Yes 7. Years you've lived in Brewster: Alternate status No 3` 8. Are you registered to vote in Brewster? ✓rYes No 9. Committees you are interested in serving on in order ofpreference: a Vti s r oN t Ai -C& C p '? 0 v 1-1' k C F( ate' - .Av G - b. -D \ v 51 'l �� `I , (NV C ,bU i 0 ( i F c r:� �*,4 c .o ekt. '4--e NiN [ r -fr- GziKrg.6fri 0\6-W5 A556TR-61 NOTE: You may attach a resume or CV instead of completing items 10-14. FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School 1, t7 (,k+ ,sp as) l� Att_e7lis�i rosov� Degree/Diplomas Certificates "--# A -Kr '6 v( ;�C :c�JVGI C� V1- Y3 Date of Completion 11.1 1770 -d 3 11.000 ATION: M0V-PAPLE0,(N- T rhih LN rrrtht?,(L ( J uL& - FT) rvj Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. Name of Employer 1a2t CBlre, t e-� Job Title Dates of Employment '� ov�� 11 05 KNEA r tDOt-r vric: `I` i btoketm t.7 ttkN MZ i -AoZ.2 79--i- 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. • • • • eti i-(t 051AP C SP ht 4! I P 14.COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: tto-trxN-6-';C 2 C IZF. HA -1 1 rae1-towiki 11el ve,H ,, e)r; ear 6 r-io!ig l N'V rt ce Kw- d r 6-, Lowi Cb ex., t A rgoes -6 MENAIrd°Bv. 15.GOALS: Please explain why you'd like to serve on a particular committee. 1 CcArnNUe G-r, I1D N Got N[- errart5 to erg tr ea vy rtl-t rW , NA -N'( a -ices # pSPe "GY r 6 1 N� .0'00> r:31W— i J� 0-u R- 1� i, l c_ ?�aC. � poLcC.{i�S� As ��iPf�L�• 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. I + nh PP- +©v> P-oaK nor .nu( + 11 -4-or- oc-V pc i t c -u (11,14 Le* 12-65p.,4' (r0 Ira Fo- o kr-r-gfAti4 , Jewsi a , ? l %.cam ' 0 c;r c A3 a 1 eir R50 wJ 17 Jt G71 ON *P.1 E6c Iknow to °� c.z�lw. 1 (L-A$C3fZ -tie,-Frog F C crA4 A,1).&,- -itLJ naM C -uni5 eLtv-G-1 N `P t5 Nre Rs UN 17.TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes No 18.CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appoi ed?(Does not automatically disqualify but may need to be disclosed) Yes No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): c37"-¢ .5 A-tilt1 tAD U-PoN u� a. Name: Pit 1 12 - GH kr_1, 5 u t► r;2 Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you:1 cfOti P P H P , I oz G't 'PefAiN -CiRl (,0`) `7IANv i'.AN4 6 G 12i vG 8.4i t 20.ADDITIONAL INFORMATION. Please add any additional information you'd like. FINAL. Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree. • My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. • If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: • Massachusetts Conflict of Interest Law, MGL Ch. 268A; • Massachusetts Financial Disclosure Law, MGL Ch. 268B; • Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; • Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; • Massachusetts Campaign Finance Law, MGL Ch. 55; and • Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. • If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. • When submitted, I understand that this form becomes a public document. Date: 3/i2-02- Jillian D. Douglass SUMMARY Hard-working, accomplished manager, committed to developing and implementing efficient policies, bylaw and code amendments with 30 years of proven experience in Massachusetts public sector management Thoughtful, dedicated administrator with ability to identify and utilize organizational strengths to accomplish goals and objectives, plans and projects • Engaged, articulate and intuitive team builder • Enthusiastic, visible advocate for public initiatives and positive outcomes • Thrifty, resourceful problem solver with an emphasis on growth management, capacity building and an inclination towards preservation • Realistic strategist, able to plan and accomplish varied projects under challenging conditions PROFESSIONAL EXPERIENCE AND ACCOMPLISHMENTS Town of Chatham, Chatham, MA 2017 - 2020 Human Resource Director - Chatham is a seasonal town on Cape Cod with a year-round population of 6,185. The Town has - 130 year-round and - 120 seasonal employees. Since arrival, I have placed over 50 year-round employees and 110 additional employees each season. Director creates job descriptions, postings and ads for all vacancies. Hires and tracks employee performance and growth. Manages benefits for all current and retired employees. Develops training and other programs. Counsels employees. Tracks labor law and statutory compliance. Proposes and assist with implementation of organizational and automation changes for improved efficiency. Develops collective bargaining strategies and assists in negotiations and grievance settlements. Town of Brewster, Brewster, MA 1990 - 2016 Assistant Town Administrator - Brewster is a seasonal town on Cape Cod which grew in population from 7,876 in 1990 to 9,654 in 2014. The expenditures grew from $20,649,430 to $34,933,801 over the same period. Assisted in budgeting, bidding and project management of facility growth projects: landfill capping, Swap Shop relocation, Crosby Mansion restoration, Eddy School, Police Station, Library expansion, addition of 18 holes to the municipal Captain's Golf Course, Drummer Boy Playground, Town Hall renovation, COA renovation, Brewster Memorial Cemetery, new Water Facility, 2 new public wells, beach road and drainage reconstructions, Community Solar Garden, the Landfill solar install, hundreds of acres of land acquisitions, and multiple wind turbine studies. • Acted as interim Town Administrator, when Administrator was unavailable. • Served on Emergency Management team, pre- and post -911, "Katrina" and "Sandy Hook". Staffed EOC and assisted with varied emergency responses. ICS certified. • Served as Chief Procurement Officer's Designee, contracting for goods and services, public construction and renovation projects, "green" energy production and purchase agreements, including IMAs for regional projects and joint procurements. Assisted with selection, purchase, and implementation of town's networked computer systems, Y2K conversion and all 21St Century updates, including iPad meeting packets, Cloud technology, facility and fleet management, attendance, payroll, and facility security systems. • Acted as project manager for 5 Local Initiative Program 40B Comprehensive Permit Affordable Housing projects, 3 HVAC/Renovation projects and 2 Underground Storage Tank removals and various roadway drainage projects. Developed scopes of work, budgets and grant applications. Administered contracts, budgets, grants, IMAs, licenses, and leases. Assisted with multiple acquisitions of land, easements and rights of way. • Served as Town Planner from 1990 to 2008, drafting zoning code amendments and town bylaws, creating town's 1St Housing Plan, initiating Community Preservation Committee Affordable Housing Down -Payment program. Drafted Comprehensive Permit decisions and negotiated Regulatory Agreement terms and conditions, including permanent Association guidance documents. Coordinated compliance with town's Intersection Site -Line bylaw. Assisted in creation of Route 6A Corridor Protection Bylaw, Development Plan Review Bylaw, Site Plan Review Bylaw and town sign code. Coordinated with Cape Cod Regional Transit Authority and Bikeways Committee. Assisted in negotiation of DRI terms and conditions. Drafted portions of town District of Critical Planning Concern submission to Cape Cod Commission. • Served as Personnel Administrator. Participated in all hiring, and employee training, including hiring of every current department head (except one). Drafted personnel policies and participated in negotiation of Collective Bargaining Agreements. Created and implemented Senior Work -Off Real Estate Tax abatement program. Participated in grievance investigations and hearings and assisted with benefit administration, including CCMHG coordination for ACA implementation. • Served as Compliance and Investigation Officer. • Served as Insurance Officer, handling all claims, including Workers' Compensation and Section 111F issues, and assuring adequate risk management and insurance coverage. • Served as ADA Officer, developing policies and ensuring compliance. Investigated claims and complaints. • Town's delegate to Cape Cod Water Planning Collaborative through 2008. Barnstable County HOME Consortium delegate from 1991 to 2016. Pleasant Bay Alliance delegate through 2008. Alternate to Tri-Town Septage District Board of Managers and County Solid Waste Advisory Committee. • Served as Administration's representative to local Recycling/PAYT Solid Waste Committee, Energy Committee, Housing Partnership, Safety Committee, Staff Review Committee, and manager of special projects. Coordinated multiple scheduled events such as Town Meetings, Elections, "Brewster in Bloom", celebrations, festivals, and visits from dignitaries, including international delegates. Responsible for production of Town Report from 2010 to 2015, public service announcements, weekly updates, town meeting articles, summaries, complex correspondence, spreadsheets, organizational charts, and various web -site updates. RELATED PROFESSIONAL EXPERIENCE South West Vermont Economic Development Corporation, Rutland, VT 1985-1986 Economic Development Planner Produced Overall Economic Development Plan and assisted with administration of a Federally -funded $4 million loan program, aiding over 50 Vermont -based small businesses and historic properties. Assisted with board and site meetings. Interfaced with Vermont Small Business Administration in Montpelier. H.N Gorin Associates, Boston, MA 1986-1988 Receptionist, Real Estate Office Assistant and Agent Scheduled meetings; greeted clients; handled phones and correspondence; compiled financial projections for inner-city redevelopment proposals and delivered them to BRA and other offices. EDUCATION University of Massachusetts, Amherst, MA 1988-1990 Master of Regional Planning Northeastern University, Boston, MA 1987 Real Estate Development Lee School of Real Estate, Brookline, MA 1986 MA Real Estate Sales License #82575 Harvard School of Design, Cambridge, MA 1986 Architectural Drawing and Drafting University of Vermont, Burlington, VT 1980-1984 Bachelor of Science, Resource Economics University of Newcastle, Newcastle, UK Summer 1983 Land Use Reclamation and Newtown Development AFFILIATIONS Nauset Rotary - Environmentalist of the Year 2009. Independence House - Board of Directors 1998 Volunteer for: Housing Assistance Corp. Big Fix Coordinator; NOAH Shelter; Habitat for Humanity of Cape Cod; Brewster Conservation Trust; Brewster FLATS; Brewster Ponds Coalition; Brewster Housing Partnership; Brewster Vision Advisory Group. BOCH CERT, Cape Mediation 5/1/2023 Brewster Select Board c/o Erica Mawn 2198 Main St. Brewster MA 02631 Dear Brewster Select Board, My name is Katharine Scott and I have lived in Brewster for most of my life and I am now a homeowner in town. I own a small retail store in Eastham and recently became a new mom. I believe that Drummer Boy Park is a unique asset in our community and the future of the park is important to me. It is imperative that the advisory committee for the park improvements have a broad representation of our community in order to ensure that the park remains an asset to all members of our community. As a member of the committee, I would hope that improvements to the park would make it a vital place for commerce, exercise, kids, and relaxation while preserving the history of the land and minimizing the environmental impact. I believe that my love for Brewster, my experience as a business owner, my passion for the environment, and my insight as a mother make me an ideal candidate for the Drummer Boy Park Advisory Board. Thank you for your time and considering me for appointment to this board. Sincerely, Katharine Scott FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: • Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee's needs. • The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. • Please complete this form online, or on paper, and submit a resume if desired to Erika Mawn, Town Administrator's Executive Assistant: o Email: EMawn@Brewster-MA.Qov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator's Office or drop -box outside Town Hall. • After your application materials are received, you'll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: 2. Address: 3. Phone Numbers: Home: 4. Email: ei.P,RACkr, i�'IA (a(st Cell: 5. This is an application for: 1/ Full member status LI ❑ Alternate status 6. Are you a full-time Brewster resident? Yes (l No 7. Years you've lived in Brewster: 8. Are you registered to vote in Brewster? N] Yes ❑ No 9. Committees you are interested in serving on in order of preference: a. Dry nfl i r'lk r ►_ r b. c. NOTE: You may attach a resume or CV instead of completing items 10-14. Doc ID:fc1e0b7140b622985c36abf96734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. 11.000UPATION: IR Active ❑ Retired ❑ Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. .set n pt - -_d - 'Pure_ Vi k e� 'Ap�1CO ti I3.GOVERNMENT POSMONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. ,] ! 14.COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you'd like to serve on a particular committee. bel-rtV'-e }h.iS ( fr ;kQ SInda h°.VQ o aIVQ•CSQ_ Qpk-13 SUN/ 1 . 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 'iZs.in 0tu' bosineSS t o. Vut- \ ) LW -Kw, 17.TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? 18.CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: p.e..1-iac To t, n So+\ Address: L� Phone: Email: Relationship to you: b. Name: Address: Phone: 1 Email: lk O r• S f--e.n Relationship to you: n-:Un1t Doc ID:fc1e0b7140b622985c36abf96734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 20.ADDITIONAL INFORMATION. Please add any additional information you'd like. 21.SIGNATURE. By signing below, you state that you understand and agree. • My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. • If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: • Massachusetts Conflict of Interest Law, MGL Ch. 268A; • Massachusetts Financial Disclosure Law, MGL Ch. 268B; • Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; • Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; • Massachusetts Campaign Finance Law, MGL Ch. 55; and • Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. • If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. • When submitted, I understand that this form becomes a public document. Signature: ettkm,v,,,LA, 44 Date: 11-20.3 Doc ID:fc1e0b7140b622985c36abf96734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee’s needs. The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. Please complete this form online, or on paper, and submit a résumé if desired to Erika Mawn, Town Administrator’s Executive Assistant: o Email: EMawn@Brewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator’s Office or drop-box outside Town Hall. After your application materials are received, you’ll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. ______________________________________________________________________ 1. Applicant name: 2. Address: 3. Phone Numbers: Home: Cell: 4. Email: 5. This is an application for: Full member status Alternate status 6. Are you a full-time Brewster resident? Yes No 7. Years you’ve lived in Brewster: 8. Are you registered to vote in Brewster? Yes No 9. Committees you are interested in serving on in order of preference: a. b. c. NOTE: You may attach a résumé or CV instead of completing items 10-14. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. 11. OCCUPATION: Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you’d like to serve on a particular committee. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 20. ADDITIONAL INFORMATION. Please add any additional information you’d like. 21. SIGNATURE. By signing below, you state that you understand and agree. My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: Massachusetts Conflict of Interest Law, MGL Ch. 268A; Massachusetts Financial Disclosure Law, MGL Ch. 268B; Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; Massachusetts Campaign Finance Law, MGL Ch. 55; and Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. When submitted, I understand that this form becomes a public document. Signature: Date: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 KIMBERLEY CROCKER PEARSON Experienced environmental and health professional seeking a position at the intersection of conservation science and policy-making.Recently earned an M.S.in Environmental Science and Policy in addition to prior training and work in occupational and environmental medicine.Extensive experience in teamwork,leadership,and communication strategies, research and data analysis,policy development and implementation in both the public and private sectors. SKILLS Policy Development and Policy Briefing Clinical Medicine Field Research Laboratory Research Team Leadership Media Relations Crisis Communication Personnel Management Budget Development Curriculum Development Non-Profit Development GIS Stata SCUBA Animal Handling EDUCATION AND TRAINING Johns Hopkins University Baltimore,MD Master of Science Environmental Science and Policy,May 2020 Thesis:“Can Medical Science Teach Conservation Science to Become More Effective?” https://jscholarship.library.jhu.edu/handle/1774.2/62822 Massachusetts Poison Control Center,Boston Children's Hospital,Boston,MA Fellow,Medical Toxicology 1993-1998 Harvard University School of Public Health,Boston,MA Master of Public Health,May,1991 Harvard University School of Public Health,Boston,MA Occupational and Environmental Medicine Residency and Clinical Research Fellowship,July 1990-June 1992 Chief Resident July 1991-June 1992 Awarded Occupational Physician Scholarship ,American College of Occupational and Environmental Medicine; ATSDR Clinical Fellowship Program Grant in Environmental Medicine:Research Project:“A survey of non-cancer health effects in a community whose drinking water was contaminated by chlorinated hydrocarbons,particularly tetrachloroethylene.” Brigham and Women’s Hospital,Boston,MA Internship and Residency,Internal Medicine June 1987-June 1990 Boston University School of Medicine,Boston,MA Doctor of Medicine,Magna Cum Laude,May,1987; Awarded Alpha Omega Alpha Honor Medical Society;American Medical Women’s Association Scholarship University of California,Los Angeles,CA Master of Science in Geochemistry,May 1984 Thesis:“Stable isotopic investigations of early development in extant and fossil chambered cephalopods I.Oxygen isotopic composition of eggwater and carbon isotopic composition of siphuncle organic matter in Nautilus” Wellesley College,Wellesley,MA Bachelor of Arts with Honors in Geology,May,1980 Thesis:“A Determination of the Physical Parameters of the Paleoenvironment of an Upper Devonian Fish Fossil Suite from the Catskill Formation,Northeastern Pennsylvania” Awarded Sigma Xi Scientific Research Honor Society PROFESSIONAL EXPERIENCE Board of Health,Brewster,MA Member 2021 -present Natural Resources Advisory Commission,Brewster,MA Chair 2021-present ●Advise Select Board and Department of Natural Resources on the sustainable use of natural resources. ●Direct implementation of Coastal Resource Management plan Stellwagen Bank Advisory Council,National Oceanic and Atmospheric Administration,USA Council Member,Conservation 2020-present ●Advise Sanctuary Superintendent regarding conservation issues relevant to the implementation of the sanctuary management plan. ●Assist in development of the sanctuary management plan. Kirov Academy,Washington,DC Chair,Science Department 2006-2009 ●Designed and implemented science curriculum for Middle and High School students at independent school in Washington,DC. Included curriculum for English language learners. ●Taught 9-12 grade students Chemistry,Biology,Physics and seminar:Science for Citizenship. London School of Hygiene and Tropical Medicine,London,UK Visiting Lecturer 2004-2005 ●Designed and taught International Environmental Health Seminar for graduate students Bureau of Environmental Health Assessment (BEHA),Massachusetts Department of Public Health,Boston,MA Physician Consultant,2000-2004 ●Responded to citizen concerns about disease excesses (“clusters”)with a multidisciplinary team including toxicologists and risk communication professionals. ●Reviewed national/international criteria documents on physical and chemical hazards and developed policy for implementation of their recommendations at state level. ●Represented BEHA at public meetings as a medical expert;spoke to professional and lay audiences on environmental health hazards and responded to their concerns ●Advised the Bureau Chief on environmental medicine issues ●Reviewed cancer registry and other sentinel health data to evaluate the need for focused environmental health investigations Private Consulting,Boston,MA 2001-2004 ●Consulted with major teaching hospital regarding workplace exposures;developed and piloted a “Collaborative Practice Model” for working with management and labor representatives to achieve common health and safety goals.The model succeeded in minimizing adversarial feelings in the stakeholders and set the stage for an ongoing process of working together on health and safety goals. ●Provided expert testimony for both plaintiff and defendant attorneys in the area of exposure assessment and causation of adverse health effects. ●Designed and implemented an exposure control and response program for the regional American Red Cross employees processing blood and blood products. Logan International Health Center,Logan Airport Boston,Massachusetts Medical Director 1999-2001 ●Supervised all patient care activities at the Center;managed the clinical laboratory,including a forensic drug testing facility,travel health program,maritime health program. ●Provided consultative services for the Central Artery Tunnel Project (“Big Dig”)construction contractors,particularly dealing with use of chemicals in enclosed spaces and injury prevention in heavy construction.Performed safety inspections of worksites. ●Managed 50 employees,developed and tracked the Center ’s budget,worked with marketing to develop new health service product lines to meet market demands,prepared statistical and budgetary reports and presented them to corporate administration. Morton Hospital and Medical Center Taunton,Massachusetts Associate Medical Director,Occupational Health Service 1997-1999 ●Provided Medical care for work-related injuries and illnesses ●Performed worksite walkthroughs evaluating exposures and other risks to employees and developing recommendations for improving worker safety Massachusetts Poison Center,Children’s Hospital,Boston,Massachusetts Poison Center Consultant 1998-2000 ●Performed inpatient and outpatient toxicology consultations on environmental and industrial toxic exposures. Brigham and Women’s Hospital,Boston,Massachusetts Occupational Health Physician;Director,Employee Health 1994-1996 ●Provided clinical evaluations for employees with symptoms of chemical exposure;developed treatment protocols for hospital staff exposed to chemicals in the various areas of the hospital;designed and conducted safety training related to exposures in the hospital environment. ●Responded on behalf of the hospital to media inquiries,appeared on the US public television science production “NOVA.” ●Represented the hospital on a union-management committee developed to address health and safety issues at the hospital ●Advised hospital president on occupational and environmental health and safety concerns. Brigham and Women’s Hospital,Boston,Massachusetts Staff Physician,Emergency Department 1990-1994 ●Provided acute care to medical and trauma patients and supervised the house staff,nursing staff and support personnel. ●Chaired the Hospital Disaster Committee;developed and implemented internal and external disaster response plans for the facility Department of Surgery,Boston University School of Medicine,Boston,MA Research Assistant 1984-1985 ●Handled and prepared multiple mammalian species for surgical research;assisted with surgeries. Department of Earth and Space Sciences,University of California,Los Angeles Graduate Research Assistant,Geochemistry 1980-1983 ●Performed stable isotope analysis,mass spectroscopy,geologic and paleontologic field work Carr Research,Inc.,Wellesley,Massachusetts Research Assistant 1979 ●Performed water quality assessment of ponds and streams including biological and hydrological field and laboratory work. New England Aquarium Boston,MA Curatorial Assistant 1977-1979 ●Cared for marine mammals in captivity;participated in marine mammal rescue and rehabilitation.collected biological and behavioral data for research studies. PUBLICATIONS Original Reports: Pearson,KC “Will Culling the Northwest Atlantic Gray Seal Population,Halichoerus grypus (Fabricius,1791) (Carnivora:Phocidae)on Cape Cod,Massachusetts,USA Reduce the Risk of Human-White Shark Encounters?”Life:The Excitement of Biology 2018;6(3):75-107.https://blaypublishers.files.wordpress.com/2019/05/pearson-leb63.pdf Brotschi,EA,Crocker,KC,Gianitsos,A,Williams,LF,Jr.Low extracellular Ca+2 products agonist-specific alterations in gallbladder contractility.Gastroenterology 1986;88(5);1336. Crocker,KC,DeNiro,MJ,Ward,PD.Stable isotopic investigations of early development in extant and fossil chambered cephalopods 1.Oxygen isotopic composition of eggwater and carbon isotopic composition of siphuncle organic matter in Nautilus.Geochemica et Cosmochemica Acta 1985;49:2527-2532. Abstracts Pearson,KC.Sensitization to UV-curable acrylates:A case report and review of the literature.North American Congress of Clinical Toxicology Annual Meeting.In:J Tox Clin Tox 2002:40(5):192. Pearson,K,Woolf,A.Two cases of self-poisoning with lead in patients with psychiatric illness.North American Congress of Clinical Toxicology Annual Meeting.In:J Tox Clin Tox 1998;36(5):494. Woolf,A,Pearson,K.Presence of diethylene glycol in commercial polyethylene glycol (PEG)solutions.North American Congress of Clinical Toxicology Annual Meeting.In:J Tox Clin Tox 1995;33(5):490. Du Buske,M,Babakhin,AA,Cicslewicz,G,Nolte,H,Skov,P,Zakirova,I,Pearson,K,Sheffer,AL.Comparison of Pharmacia CAP and whole blood leukocyte histamine release in the detection of sensitivity to latex.American Academy of Allergy,Asthma and Immunology Annual Meeting.1996. Anderson,G,Li,T,Malki,I,Patel,A,Alem,M,Babakhin,AA,Cieslewicz,G,Zakirova,I,Nolte,R,Pearson,K, Scheffer,AL,and Du Buske,LM.Assessment by Hycor RAST and Pharmacia CAP of cross sensitization to banana and avocado among latex sensitive hospital employees.American Academy of Allergy,Asthma and Immunology Annual Meeting.1996 Texts “Chapter 75:Chlorinated Hydrocarbons”in Haddad,Winchester and Shannon.Clinical Management of Poisonings.3rd Edition.WB Saunders,Philadelphia,Pennsylvania.1998 pp 931-939. Archive d: Friday, July 7, 2023 3:43:50 PM From: Michael Gradone Se nt: Thursday, June 29, 2023 8:01:13 PM To: Erika Mawn Cc: Donna Kalinick Subje ct: PPPC liaison Importance : Normal Se ns itivity: None Hello, The Rec C ommission voted Chris Ellis a s the new PPPC lia ison a t our meeting tonight. Mike Gradone Town of Brewster, R ecreation Director www.brewsterrecreation.com 508-896-9430 The Brewster Recreation office will be open to the public Monday through Friday from 8am to 4pm. For the latest updates on Town services, please visit www.brewster-ma.gov. ADU LISTENING SESSION Brewster Planning Board June 28, 2023 MEETING TOPICS/ PUBLIC INPUT •Discuss Existing Zoning Bylaw •Discuss General ADU Criteria •Discuss potential amendments •General observations, experiences, comments & suggestions JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 2 WHAT IS AN ADU? •Regulated by zoning •Accessory single- family dwelling unit •Accessory use to main home- not independent •Self-contained living (cooking, sanitary, sleeping) facilities •Same lot as main dwelling JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 3 EXISTING ADU ZONING • S ize: lesser of 40% main home or 900 sq ft •Can be attached, within or detached •Owner occupancy req’d- 12 mos. •Lease term 12 mos. •Additional parking spaces req’d •No more than 2 bedrooms •Max 2 dwelling units per lot, incl. ADU •Annual ADU permit cap- 20 •No boarding/ lodging •Design subordinate to main house •ZBA approval req’d in water protection overlay districts and on lots >30,000 sf JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 4 TYPICAL CONSIDERATIONS-ADU ZONING •“Purpose” clause (intent) •Owner occupancy •Tenancy •Lot size/ dimensional regulations •ADU Size •Design requirements •Special permit? •Enforcement/ administration •Annual permit cap •Reference to related laws and regs (health, bldg, etc) JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 5 “PURPOSE” CLAUSE •Brewster ADU Zoning does not currently have one •Inclusion could bolster year-round housing intent JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 6 OWNER OCCUPANCY •Required currently for continuous 12 mo. period (either unit) •No express bona fide absence clause •Part time residents can’t have an ADU under current language JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 7 TENANCY •Must be 12 mo. lease currently •Does year-round housing = 12 mo. lease? JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 8 LOT SIZE/ DIMENSIONAL REGS •ZBA Special Permit for less than 30000 sq ft lot- (historical zoning in Brewster was 25k or 15k) •ZBL currently only references setbacks for attached ADUs (not other dimensional reqs. like coverage, height, etc. or detached buildings) •Refers to ‘conforming’ setback for district (ZBL Table 2) •Brewster Zoning has unique setbacks- “per lot” not district- back to when lot was created JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 9 ADU SIZE •40% habitable space of main house or 900 sq ft, whichever is less •‘Habitable’ not defined under the ZBL- under SBC excludes bathrooms, halls, closets, utility spaces •% approach advantages a) larger existing homes, and b) can be confusing and difficult to calculate. •Examples: •40% ADU WITHIN an existing 1500 sq ft dwelling= approx. 400 sq ft ADU allowed •40% ADU within a DETACHED building accessory or ADDITION to an existing 1500 sq ft dwelling= approx. 600 sq ft ADU •Existing 2250 sq ft home necessary to get max 900 sq ft ADU based on 40% rule (if ADU proposed as an addition or detached building) JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 10 DESIGN •“Clearly subordinate” to main house •Is this a use or design provision? •Focus on single-family residential character of property? JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 11 ADU SPECIAL PERMIT •Zoning Board of Appeals (ZBA) approval req’d: •Lots less than 30,000 sq ft •Herring River Watershed •DCPC (Zone II & Pleasant Bay Watershed) •Water overlays occupy entire south part of Town •See GIS map: https://www.mapsonline.net/brewsterma/index.htm l •DCPC zoning includes groundwater protection provisions re: Nitrogen •Planning Board SPGA? •Adopt unique Special Permit standards for ADUs? •15k & 25k sq ft historic lot sizes under zoning JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 12 ENFORCEMENT/ADMINISTRATION •Building Commissioner •Annual affidavit required (currently ZBL prescribes content) •No existing tracking or registration mechanism •In some rare cases, a CO or construction permit under the SBC might not be required •Existing permit cap of 20/ year •Haven’t been close to approaching •Other laws and regulations are referenced in the ZBL (Title 5, SBC, etc.) JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 13 GENERAL OBSERVATIONS, EXPERIENCES,COMMENTS & SUGGESTIONS •THANK YOU! YOUR INPUT IS VALUED! JUNE 28, 2023 ADU LISTENING SESSION- BREWSTER PL BD 14 Archive d: Friday, July 7, 2023 3:44:04 PM From: N ancy O rtiz M ail re ce ive d time : Sun, 25 Jun 2023 07:32:52 Se nt: Sun, 25 Jun 2023 03:32:37 To: Peter Lombardi Ned Chatelain Mary Chaffee Kari Hoffmann Cynthia Bingham David Whitney Subje ct: Fwd: Pond Summit Recording Importance : N ormal Se ns itivity: None Dear Peter and Selectboard, Thanks to all of you for attending the Pond Summit. Your interest in BPC is very much appreciated. Septic is a hot topic right now considering septic discharge is the largest contributor to our water pollution. Solving the problem sooner rather than later will be less costly in the long run. I encourage you to look at the audience poll at 1:48:40 in the video link below. Any future wastewater management plan should consider partial town sewers. All your efforts on behalf of our town are greatly appreciated. N ancy O rtiz Brewster Ponds Coalition Board Member Sidenote: Brewster has the same population density as O rleans https://www.census.gov/quickfacts/fact/table/US/POP060210 Population pe r s quare mile 2020 ce ns us : Bre ws te r: 449 Orle ans : 445 ---------- Forwarded message --------- From: Sus an Bridge s <susan.bridges@brewsterponds.org> Date: Thu, Jun 22, 2023 at 11:48 'a0AM Subject: Pond Summit Recording To: Peter Lombardi <plombardi@brewster-ma.gov> Cc: Board of Directors <directors@brewsterponds.org> Hi Peter, Again, thank you very much for co-hosting the Pond Summit this year. I think it was a very successful collaboration. Below is the link to the recording of the Pond Summit in case you want to put it on the town website. Unfortunately, our opening remarks were not captured because Lower Cape TV was having trouble with their internet connection. As you may recall, we delayed the presentation by about ten minutes, but in the end decided to get started without LCTV since the agenda was so long. Brewster Pond Summit 2023 on Vimeo Bes t, Su s an Susan Bridges President Brewster Ponds C oalition P.O. Box 459 Brewster, MA 02631 susan.bridges@brewsterponds.org 908-963-1389 Protecti ng and i m proving the heal th of Brewster's ponds through science, educati on and advocacy Archive d: Friday, July 7, 2023 3:44:12 PM From: Tim Hackert M ail re ce ive d time : Sat, 24 Jun 2023 12:33:18 Se nt: Sat, 24 Jun 2023 08:33:12 To: Tim Hackert Cc: Peter Lombardi Donna K alinick Subje ct: N ew Water Pollution Permit System Regs Importance : Normal Se ns itivity: None This arti cle be low was i n the Boston Gl obe , which I am sure you know about. Gi ve n all the conce rns about i ncrease d re al e state taxes and Sel e ct Board responsi ve ne ss to publi c conce rns, thi s i s not an e asy issue to addre ss, espe ci al l y gi ve n that a sewe r syste m for about 12,000 home s could cost i n e x ce ss of 1.4 Bi l l i on. Two pri mary i ssue s wi l l be how to e ngage the vote rs so the voters do not thi nk that the consultants are l e ading Brewste r by the nose and how to addre ss the cost i ssue . Pe rhaps one solution is for Bre wster to borrow the proj e cte d cost for i ndivi dual upgrade d se pti c on a tax e x e mpt basi s and f und through a loan to i ndi vi dual owne rs the indi vi dual home repl ace me nt cost repayable from an i ncre ase in that home’s re al estate taxe s ove r 30 ye ars. Assumi ng a cost of $40,000 and 3% i ntere st, an i ndivi dual home owner’s real e state tax e s woul d i ncrease by $169.00 pe r month. A l ot of money for a l ot of pe opl e (probabl y not the summe r home peopl e ) and probabl y a l ot l e ss than a town wi de se wer. And i t woul d avoi d the i ncre dibl e di sruption of constructing a se we r syste m (or se ve ral ) for the entire town if eved practi cal gi ve n topography and other re late d i ssues. Whe n i n doubt, appoi nt a committe e to study the i ssue (sorry—j ust a l i ttle gal l ows humor). https://www.bostonglobe.com/2023/06/21/sci ence /he al e y-admini strati on-unvei ls-ne w-pe rmit-syste m-address-cape -wate r- pol l uti on/ Thanks for al l your work on the Se l e ct Board. Tim Hacke rt Archive d: Friday, July 7, 2023 3:44:19 PM From: Brewster Brownville M ail re ce ive d time : Wed, 14 Jun 2023 17:46:35 Se nt: Wednesday, June 14, 2023 1:46:35 PM To: Peter Lombardi Heath Eldredge Colette Williams David Whitney Kari Hoffmann Mary Chaffee Cynthia Bingham Ned Chatelain Subje ct: Website Importance : Normal Se ns itivity: None Attachme nts : image001.jpg; image002.jpg; Mr. Lombardi, Chi e f El dre dge , Ms. Wi l l i ams, and Sel e ct Board: I watche d the re cent el e cti on and saw that Laurel Labdon was usi ng the of fi ci al Bre wster town seal i n he r campaign. I thi nk thi s was a viol ati on of Mass. law chapter 268. Why was she pe rmi tte d to use the town se al to make he r websi te l ook of fi ci al? It’s stil l there now. https://www.l aure l l abdonforbrewster.com I’m not sure who i s suppose d to e nf orce this l aw but I thi nk it shoul d be addre ssed i f she has vi ol ate d state l aw. If thi s i s the state ’s responsi bi l i ty pl e ase l e t me know who to contact. Thank you. W. B. Brownvi ll e Bre wster, MA image001.jpg image002.jpg lyt June 15, 2023 Dear Friend, Habitat for Humanity of Cape Cod 411 Main Street, Suite 6, Yarmouth Port, MA 02675 508-363-3559 www.habitatcapecod.org Perhaps you know of a family in great need of a decent, affordable home? We are writing in the hope that you will help us get the word out that applications are being accepted for affordable homes to be built in Brewster. Two homes will be built at #6 and #12 Phoebe Way (off 26 Red Top Rd) in Brewster. Applications are open as of T-B*t/4?-3 Home sizes are 3 -bedroom ranch style homes. — One home will have a preference for a USA Veteran. Habitat for Humanity offers the opportunity of homeownership to families who live or work on Cape Cod and have a critical need for a decent affordable home, who are "willing to partner" with Habitat in the construction of their home (i.e. work side -by -side for many hours with the construction volunteers), and who have the ability to make a monthly mortgage payment estimated (depending on interest rates) to be around $1,141 for the 1st home and $1,552 for the 2nd home, which includes escrow for property taxes and homeowner's insurance; and homeowner's association fees. Maximum household income is 60% of area median income for the 1St home and 80% for the 2nd home. Example: For a 4 -person household, the current maximum income at 60% is $69,060 and at 80% is $92,050. These income guidelines are adjusted annually. The enclosed flier to post and share, give complete information about how to obtain an application and about the public information sessions we hold to inform and assist potential applicants. Because August 14, 2023 is an absolute deadline, we greatly appreciate anything you might do to help us get the word out to those who might benefit from this opportunity. Best Regards, Mary Ann Mills -Lassiter Family Programs Manager p.s. - Please send an email to applications@habitatcapecod.org if you would like to receive this information electronically. Habitat for Humanity of Cape Cod does not discriminate in the selection of applicants. Habitat for Humanity of Cape Cod is a not -for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws. HABITAT FOR HUMANITY OF CAPE COD APPLICATIONS AVAILABLE 2 Affordable 3 -bedroom Homes for Purchase To be Built on Phoebe Way (off 26 Red Top Road), in Brewster USA Veteran preference for one home House price: 1$' home 3 -bedroom: $164,750 House price: 2nd home 3 -bedroom: $233,700 Estimated monthly payment: $1,552 Estimated monthly payment: $1,141 Persons considering applying are strongly encouraged to attend one Applicant Information Workshop: Virtual Workshops, using ZOOM on your computer or phone. Look at the application to find the links to sign in on the specific date. Keep the application available, to look at during the workshop. Thursday 6/22 at Noon-2pm '. Wednesday 6/28 at 6pm-8pm `; Tuesday 7/18 at 6pm-8pm `.. Monday 8/7 at 10am-Noon In -person Workshops at Brewster Library, 1822 Main St. Saturday 6/24, 1:30pm-3:30pm \. Tuesday 7/11, 10:30am-12:30pm Any questions: email maryann@habitatcapecod.orq or call 508-362-3559 ext.21 Applications may be obtained: - Download the fillable application and/or print it from the Habitat web site www.habitatcapecod.org - Pick up at the Office: 411 Main St., Yarmouth Port MA, or at the Brewster Library, 1882 Main St. -- Call to have a paper application mailed to you: 508-362-3559 (Habitat office) APPLICATION DEADLINE: August 14, 2023 LOTTERY DATE: FALL 2023 Income Guidelines: Maximum income eligibility is household income at or below 60% of Area Median Income by household size for the 1st home, and at or below 80% AMI for the 2nd home. 60% and 80% of Area Median Income by Household Size Effective May 2023 (Adjusted annually by HUD/FHLBB) Household Size 1 60% 1 2 3 4 $48,360 $55,260 $61,160 $69.060 80% Household Size 60% 1 80° $64,450 $73,650 $82,250 $92.050 5 6 7 $74,640 $99,450 $80,160 $106,800 $85,680 $114,150 This is the maximum gross income your household may earn and be eligible for consideration for a Habitat for Humanity home on Cape Cod. You may qualify for Habitat home ownership, if you are: • in critical need of year round affordable housing, and • willing to complete the required "sweat equity" on your home and other Habitat projects (500 hours for a two adult household — 250 hours for a one adult household), and • able to make housing payments of approximately $1,141- $1,552 per month, and • unable to qualify for conventional mortgage financing of a market rate house, and • first time home buyer (some exceptions apply; described in application packet), and • U.S. Citizen or Permanent Resident Habitat for Humanity of Cape Cod does not discriminate in the selection of applicants. Habitat for Humanity of Cape Cod is a not -for-profit organization and we do business in accordance with Federal and Massachusetts Fair Lending Laws. IFTS April 2023- June 2023 ➢ Number of persons served this quarter: 14 people served from 8 different towns. ➢ Nights of stay provided in emergency motel housing: 505 nights Towns Barnstable- 5 Boston- 1 Bridgewater- 1 Falmouth- 2 Harwich- 1 Mashpee- 1 Middleborough- 1 Yarmouth- 2 Save this gas emergency number in your phone and keep it handy: 1-800-233-5325 nationalgrid nationalgridus.com We are committed to your safety. National Grid's natural gas pipelines transport natural gas safely and efficiently to our customers throughout a New York and Massachusetts, as well as to Po Ilk liquefied natural gas (LNG) storage facilities in Dorchester, Haverhill, Lynn, Salem, South Yarmouth, Tewksbury and Wareham. We have a longstanding history as a safety partner, and we are proud of our many initiatives to protect you and your community: • We continually test, inspect and repair our natural gas pipelines. • We monitor our pipelines 24/7 for potential gas leaks. • We conduct training and drills with emergency responders to prevent and prepare for gas emergencies. • We educate excavators and the public about digging near gas pipelines. • We provide gas safety education programs to local schools. • We identify and manage risks to our gas pipelines, especially those in high -consequence areas. For an overview of our pipeline Integrity Management Program, please visit nationalgridus.com. Despite our efforts, gas leaks may occur that could lead to catastrophic fires or explosions. We need everyone's help to prevent pipeline damage and reduce the risk of dangerous leaks. Learn what you can do, inside. This is an important notice. Please have it translated. Estee um aviso importante. Queira manda-lo traduzir. Este es un aviso importante. Si vase mandarlo traducir. Avis important. Veuillez traduire immediatement. Questa e un' informazione importante, si prega di tradurla. DAY LA MOT BAN THONG CAO QUAN TRONG XIN VUI LONG CHO DICH LAI THONG CAO AY aTo ()gem, Baxa oe coor6WeHHe. IIowanyxcTa, rlorlpocHTe, LITOrobl BaM ero nepeBelu. Please share this brochure with your family and coworkers. Produced by Culver Media, LLC for National Grid 2023 Culver Media, LLC #13725 97696 MA nationalgrid Natural gas pipeline markers are generally yellow and black. They're placed near pipelines but not necessarily directly on top of them. If you notice any type of suspicious activity or excavation occurring near a pipeline marker, call the National Grid emergency number on the marker immediately. In addition to buried pipelines, our natural gas distribution system includes aboveground pipelines that run under bridges built over roads and waterways, other aboveground gas facilities and liquefied natural gas (LNG) transport trailers. These trailers carry LNG over roads and interstate highways to deliver LNG to acceptance sites, where we re -gasify and deliver it through our pipelines during periods of high demand. Avoid damaging buried gas pipelines. Follow these steps for safe excavation and verify that any contractors who work for you do the same: • 4> • 4> Plan your project and pre -mark your dig area with white paint, flags and/or stakes. Call 811 or make an online request at least 72 hours before digging, excluding weekends and legal holidays - it's the law! This free service will arrange for the marking of buried utility lines in your dig area. • Dig Safe®: 811 or 1 -888 -DIG -SAFE (344-7233) 1 digsafe.com Wait the required time for utilities to locate and mark their lines. Do not dig until all utility lines have been marked or you have been informed that the area is dear to dig. Respect the marks when digging. Gas lines are marked with yellow paint or flags. Dig with care and follow hand -excavating rules. When digging within two feet of either side of the marks, make sure you or your contractor use only small hand tools - not mechanical excavation equipment. If you encounter a cast iron gas pipe at any point in your excavation, stop digging and notify National Grid immediately at 1-800-233-5325. Call 911 and National Grid if you make ANY contact with a natural gas line, even if you just nick the pipeline or damage its coating. If your excavation will cross a cast iron gas main or run parallel nearby, notify the 811 service and National Grid well in advance. Cast iron gas mains in our Northeast communities may become dangerously compromised when the earth near them is moved in any way. Always contact your state 811 center before digging and for the most current requirements. Know whars below. 811 before you dig. Locate major pipelines near you. Pipeline markers show the general route of National Grid's buried high-pressure transmission pipelines. Look for these markers at railroad crossings, fence lines and street intersections. If you suspect a natural gas leak or see any suspicious activity or excavation occurring near a pipeline marker, immediately call the National Grid 24 -hour emergency phone number on the marker. You can also find high-pressure transmission pipelines and the name(s) of the pipeline operator(s) near you through the National Pipeline Mapping System (NPMS) at https://www.npms.phmsa.dot.gov. Pipeline markers do not indicate the exact depth or location of transmission lines and are not present in all areas. And neither aboveground markers nor NPMS maps show the location of distribution main lines or service lines that carry natural gas to homes and businesses. So never use pipeline markers or maps as a substitute for contacting 811 to have all utility lines in your dig area located and marked. Help keep National Grid's rights -of -way safe and clear. We ask for your help in keeping our pipeline rights -of -way free of construction activities, obstructions and vegetation. Clear rights -of -way allow us to conduct regular pipeline inspections and maintenance. They also provide visibility for aerial pipeline patrols and gas leak detection. Gas leak safety: recognize, react and report. • Recognize gas leak warning signs. SMELL - Natural gas is colorless and odorless. A distinctive, sulfur -like odor is added so that you'll recognize it quickly. This odor may fade, and not all transmission lines are odorized. So don't rely on your nose alone to detect a leak. LOOK = You may see dead or dying vegetation (in an otherwise moist area) over or near a pipeline; continuous bubbling in water; dirt blowing into the air from a hole in the ground; a damaged connection to a gas appliance; or exposed pipeline after a fire, flood or other disaster. LISTEN - You may hear an unusual noise like roaring, hissing or whistling as gas escapes from a pipe. • React by immediately leaving the area. Assume there's a danger. Warn others and leave the area quickly. Do NOT use a telephone or any electrical devices, including light switches, garage door openers, doorbells, radios, TVs or cell phones. Do NOT use matches, lighters or cigarettes (including e -cigarettes or vape pens). BEWARE: A spark from any of these item's could ignite -_. leaking gas, causing a fire or explosion. • Report the leak to 911 and National Grid. • Be the one to call 911. Do NOT assume someone else will call. • From a safe location, dial 911 and call National Grid's gas emergency number at 1-800-233-5325. Provide the exact location, including cross streets, and let us know if sewer construction or digging activities are going on in the area. Do NOT return to the leak area to inform emergency personnel about it. They will identify the source of the leak based on the information you provide by phone. • Do NOT go back inside your home or building until National Grid personnel say it is safe to return. 111111111=1 - Safety& Outage. Learn more... Please visit our website for additional safety information: • Massachusetts I nationalgridus.com/safety You may also obtain additional information through the following organizations: • Pipeline and Hazardous Materials Safety Administration primis.phmsa.dot.gov/comm/GeneralPublic.htm • Pipelines and Informed Planning Alliance primis.phmsa.dot.gov/comm/pipa/landuseplanning.htm Dead or dying vegetation Dirt ero Leaking natural gas may kill grass or plants, make bubbles in water or throw dirt into the air. Gas pipelines exposed by tires or floods may be a source of leaks. Water bubbling Danger' A spark from a garage door opener, light switch, cell phone or -other electrical device can ignite leaking gas. Once evacuated and in a safe location, call 911 and National Grid to report a suspected gas leak or possible pipeline damage - no damage is too small to report. Smell Gas. Act Fast. Be the one to call 911. For gas emergency service 24 hours a day, 7 days a week, call 911 and 1-800-233-5325. 1 Donna Kalinick From:Peter Lombardi Sent:Thursday, July 6, 2023 10:31 PM To:Laurel Labdon Cc:Donna Kalinick; Erika Mawn Subject:RE: Brewster Housing Authority Meeting Requirements Hi Laurel, Thank you for contacting us about this. I understand and fully agree with your assertion regarding the Housing Authority Board's status relative to the expanded state OML provisions and the referenced Select Board policy. I have included relevant Town staff in my response and we will add this correspondence to the July 10 Select Board meeting packet as an FYI. Peter Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Laurel Labdon Date: 7/5/23 1:50 PM (GMT-05:00) To: Peter Lombardi <plombardi@brewster-ma.gov> Subject: Brewster Housing Authority Meeting Requirements July 5, 2023 Peter Lombardi, Town Manager Brewster Select Board Brewster Town Offices 2198 Main Street Brewster, MA 02631 Dear Mr. Lombardi and Brewster Select Board, The Board of Commissioners of the Brewster Housing Authority are in receipt of the Brewster Select Board Policy #45 regarding Public Meeting Participation by Remote Technology Policy. While the Brewster Housing Authority Board’s elections are conducted with the local elections we are a State Board and subject to certain requirements that local Commissions and Boards are not. We are legally required to have a gubernatorial appointed member as well as a tenant member on the Board. The last gubernatorial appointment took over two years to find and get confirmed and we are currently soliciting all tenants to try to find a tenant member but have not been successful after several months of effort. We will continue our search until we find a tenant member. Until then we are member short of a full Board. Also, one of our elected 2 members works off Cape and can only attend our monthly meetings remotely so at times we struggle to meet the in-person requirement for a quorum of members. This spring we had to reschedule two meetings due to unforeseen events and were not able to meet the in-person quorum requirements to conduct our business for three months. We have been advised that this Policy does not govern the Housing Authority, and are informing you via this letter that we will be following Governor Healey’s Chapter 2 of the Acts of 2023, An Act Making Appropriations for the Fiscal Year 2023 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects, which among other things extended the expiration of the provisions pertaining to Open Meeting Law to March 31, 2025. Specifically, this extension allows public bodies, including Local Housing Authority Boards, to continue holding meetings remotely without a quorum of the public body physically present at a meeting location, and to provide “adequate, alternative” access to remote meetings. Other Housing Authorities are following the State mandated requirements as will we beginning at our July 19, 2023 meeting when we will not require our Board to be physically present in conducting our monthly meetings. In my six plus years on the BHA there has never been one instance of attendance or participation from the public and for the majority of my time we have not had a full five person Board seated. The current Commissioners are dedicated to the responsibilities required by their position on the Board and are committed to effectively doing the work of the Board whether it be in person, hybrid or remote means. Thank you in advance for your understanding. Best regards, Laurel Labdon Chair Board of Commissioners of the Brewster Housing Authority "You haven't done all that you ought unless you've done all that you can." To: Select Board From: Sharon Tennstedt, Chair Amanda Bebrin, Vice Chair Re: Update on VPC Work and Plans Date: July 6, 2023 _____________________________________________________________________________________ Following the approval on April 4, 2023, of the revised committee charge, the Vision Planning Committee resumed its work to prepare a revised draft Local Comprehensive Plan. The VPC plans a presentation regarding its work to the Board in August. This memorandum serves as an interim report of progress to date. Meetings resumed on April 10, 2023 to undertake revisions to the prior Draft LCP in response to the outcomes of the 2022 Fall Town Meeting and subsequent March 6 2023 Special Town Meeting. We expect to present and recommend a revised draft LCP to the Select Board and Planning Board at a Public Hearing in mid-September for endorsement and subsequent presentation for vote on its adoption at Fall Town Meeting in November. In this revised draft, all references to the Town proceeding with a boardwalk connecting Drummer Boy Park to Wing Island have been deleted. Additionally, text about the Drummer Boy Park Master Plan has been revised to reflect the decision to appoint a newly reconstituted Drummer Boy Park Advisory Committee to review the prior plan and make recommendations to the 2024 Spring Town Meeting. The Committee also took this opportunity to carefully review all aspects of the 2022 draft LCP. This review resulted in edits to simplify, clarify, and streamline language for improved readability and comprehension. Text was added to underscore the importance of two-way communication between government and residents, businesses, organizations, and other stakeholders. Text was also updated to reflect events and timeline since September 2022. The draft LCP v2.0 is now under review by Town staff and may be edited further after staff comments are received in mid-July and reviewed by the VPC. The Committee has now focused attention on the important work of public outreach and education about the LCP. We have developed a multipronged approach that focuses on presentations to community groups; committee participation / presence at community events; articles and announcements in various media outlets and organizational newsletters. This plan is dynamic and will be revised as new opportunities are identified or as informed by our experience. These activities have started and will continue until Town Meeting in November. Town of Brewster Vision Planning Committee 2198 Main Street Brewster, Massachusetts 02631 brewplan@brewster-ma.gov (508) 896-3701