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HomeMy Public PortalAbout2023 11 14 Amended Public Meeting PacketTown of Brewster Conservation Commission 1657 Main St., Brewster, MA 02631 Amended Public Packet Amended November 14, 2023, 2:36 PM Amendments to Public Meeting Packet Item 6b. 91 Carver Road. Addition of CZM Comments. Item 6e.February 14, 2023 Meeting Minutes Updated draft of minutes to include Conservation Administrator Notes. Item 6f.February 28, 2023 Meeting Minutes Updated draft of minutes to include Conservation Administrator Notes. Item 6g.March 14, 2023 Meeting Minutes Updated draft of minutes to include Conservation Administrator Notes. Item 6h.MArch 28, 2023 Meeting Minutes Updated draft of minutes to include Conservation Administrator Notes. Item 11a. 2628 Main Street Added revised submittals from October 16, 2023, which were previously distributed in advance of the October 24th Public Meeting. Town of Brewster Conservation Commission 1657 Main St., Brewster, MA 02631 (508) 896-4546 CONSERVATION COMMISSION MEETING AGENDA 2198 Main Street November 14, 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 (929) 436-2866 or (301) 715-8592. Webinar ID: 817 0484 9610 Passcode: 565669 To request to speak: Press *9 and wait to be recognized. ZoomWebinar: https://us02web.zoom.us/j/81704849610?pwd=d2VlNm5LcnU2TnBKWExMVEJFUUduQT09 Passcode: 565669 To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). Please note that the Conservation Commission may take official action, including votes, on any item on this agenda. 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 Conservation Commission on matters not on the meeting’s agenda for a maximum of 3-5 minutes at the Chair’s discretion. The Conservation Commission will not reply to statements made or answer questions raised during public comment but may add items presented to a future agenda. 6. Discussion a. Conservation Restrictions (2) Satucket Road, (1) Squantum Path, Hinckley Pond & (1) Anglers Cartway, for Commission recommendation & determination – Mark Robinson b. 91 Carver Road, SE9-1672 Pfannenstiehl waiver request beach renourishment – Mark Burgess. c. Discussion for Coastal Stabilization Work Meeting – Commissioners d. Update from Conservation Administrator on Wetlands Protection Fund Expenditures and Results – Bill Grafton e. Draft Feb 14, 2023 Meeting Minutes for Review & Ratification by Commissioners. f. Draft Feb 28, 2023 Meeting Minutes for Review & Ratification by Commissioners. g. Draft Mar 14, 2023 Meeting Minutes for Review & Ratification by Commissioners. h. Draft Mar 28, 2023 Meeting Minutes for Review & Ratification by Commissioners. CONSERVATION COMMISSION Michael Tobin Chair Casey Chatelain Vice Chair COMMISSIONERS Bruce Evans Gary Kaser Kimberley Crocker Pearson Ron Slowek Steve McKenna STAFF Chris Miller, Natural Resources Director Bill Grafton, Conservation Administrator Cassandra West, Senior Department Assistant 7. Request for Determination of Applicability a. None 8. Notices of Intent, Request for Amended Order of Conditions & Abbreviated Notice of Resource Area Delineation a. 104 Canoe Pond Drive, 24-60. Continued Public Hearing. SE9-1952. Cont. to 12/12/23. b. 83 Dune Road, 79-35. Whitcher. New Public Hearing. Jonathan P & Bonny Whitcher propose vista pruning & restoration work to remove & manage instances of invasive, nonnative, & aggressive vegetation within the 50 foot buffer zone of a coastal bank & coastal dune. SE9-1960. 9. Request for Certificate of Compliance a. 34 Sea Meadow Lane, 37-98. Michael Dennis Properties. SE9-1829. b. 30 Swift Lane, 69-97. 30 Swift LLC. SE9-1490. 10. Request for Extension to Order of Conditions a. 88 The Tides Court, 59-2. Gordon. SE9-1810. b. 90 The Tides Court, 59-1. Porter. SE9-1809. c. 115 The Tides Court, 58-44. Lapidus. SE9-1812. d. 116 The Tides Court, 58-46. Olsen. SE9-1811. e. Mariner’s Court, 90-160. Corcoran Jennison Management. SE9-1864. f. 30 Swift Lane, 69-97. 30 Swift LLC. SE9-1868. g. 0 Saints landing, 50-4. TOB DNR. SE9-1867. h. Crosby Landing, 38-10, 38-28. TOB DNR. SE9-1670. i. Spruce Hill Beach/Main Street, 102-17. TOB DNR. SE9-1669. j. Saints Landing/Robbins Hill Road, 50-4. TOB DNR. SE9-1668. k. Breakwater Road. 58-31. TOB DNR. SE9-1667. l. Point of Rocks Road, 79-24. TOB DNR. SE9-1666. m. Ellis Landing/0 Ellis Landing Road, 91-42 & 91-41. TOB DNR. SE9-1662. n. 38 Captain Baker Road, 72-19. Lammey. SE9-1712. Cont. to 12/12/23. 11. Show Cause a. 2628 Main Street, 89-14 & 89-2. Continued - Brown. 12. Request for Minor Change to Plan a. 44 Governor Prence Road, 58-27. Jennet. SE9-1801. 13. Request for Administrative Review a. 23 Indian Trail, 24-36. Murnane. After the fact shed. Tree Removal within 100 foot buffer. b. 34 Susan Lane 55-11. Koyanis. Shed construction within 100 foot buffer. 14. Stormwater Permit Application under Code of the Town of Brewster, Chapter 272 Stormwater Management Bylaw a. None. 15. Report of the Natural Resources Director a. None 16. Report of the Conservation Administrator a. Update on Conservation Permit Application Submittal Document Revisions. b. Coastal Stabilization Order of Conditions and Field Work in concert with coastal owners. c. 17. Matters Not Reasonably Anticipated by the Conservation Commission Chairman 18. Questions from the Media 19. Next Meeting: November 28, 2023 20. Adjournment Date Submitted: Date Revised: Received by Town Clerk: 11/09/2023 CONSERVATION RESTRICTIONS, Brewster Brewster Conservation Trust and The Compact of Cape Cod Conservation Trusts October 2023 Brewster Conservatior Trust MapsOnline C=� CONSERVATION RESTRICTIONS, Brewster Brewster Conservation Trust and The Compact of Cape Cod Conservation Trusts October 2023 Tax Map 41-12 , 0 Squantum Road (Brown Family Trust) CR on 5 acres in Brewster, to remain owned by Brown Family Trust with CR to Brewster Conservation Trust (and HCT) Motion suggestion: "I move to support the request of the Brewster Conservation Trust and Harwich Conservation Trust to have the Select Board approve this conservation restriction. The CR provides significant public benefit in water quality pro- tection to Hinckley Pond and Town wellfields in the Punkhorn and preserves pine -oak forest wildlife habitat. I also author- ize our Administrator to communicate this endorsement to the Select Board." PUNKHORN 'PARKLANDS SEYMOURS POND rown-Watson, Trustees HINCKLEYS POND CONSERVATION RESTRICTIONS, Brewster Brewster Conservation Trust and The Compact of Cape Cod Conservation Trusts Tax Map 13-98 , 404 Satucket Road (ex-Ker, Bon Accord LLC) CR on 4.5 acres , The Compact will buy the parcel and grant a CR to Orenda Wildlife Land Trust. Compact will later transfer title to Brewster Conservation Trust. Motion suggestion: "I move to support the request of the Compact of CC Conserva- tion Trustst to have the Select Board approve this conservation restriction. The CR provides significant public benefit in water quality protection to Upper Mill Pond and Dennis wellfields and preserves pine -oak forest wildlife habitat. I also au- thorize our Administrator to communicate this endorsement to the Select Board." Tax Map 13-101, 0 Satucket Road (ex-Lambertus) CR on 11.2 acres , The Compact owns the parcel and will grant a CR to Orenda Wildlife Land Trust. Compact will later transfer title to Brewster Conservation Trust. Motion suggestion: "1 move to support the request of the Compact of CC Conservation Trusts to have the Select Board approve this conservation restriction. The CR provides significant public ben- efit in water quality protection to Upper Mill Pond and Dennis wellfields and preserves pine -oak forest wildlife habitat. I also authorize our Administrator to communicate this endorsement to the Select Board." •4 - �l UPPER MILL POND IfitALKERS POND I PUNKHORN PARKLANDS CONSERVATION RESTRICTIONS, Brewster Brewster Conservation Trust and The Compact of Cape Cod Conservation Trusts October 2023 Brewster Conservation Trust I: MapsOniine Trust 3 T („);\ (/ - , Jars t -� � ' - ALT (Ex -Burke) • (0 Anglers Cartwayj CONSERVATION RESTRICTIONS, Brewster Brewster Conservation Trust and The Compact of Cape Cod Conservation Trusts October 2023 Tax Map 137 Parcel 1 (ex -Burke) CR on 4.92 acres. BCT owns the parcel and would grant a CR to Town of Brewster ConCom. Town Meeting has approved this CR and the $250,000 CPA funds to buy the CR. Motion suggestion: "I move to accept a Conservation Restriction on land owned by the Brewster Conservation Trust at 0 Anglers Cartway and to have the Select Board approve this conservation restriction. The CR provides significant public benefit by preserving pine -oak forest wildlife habitat and adding to the 2 -mile public walking trail at Huckleberry Hill. I also authorize our Administrator to communicate this endorsement to the Select Board." Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 www.shorefrontconsulting.com 508-280-8046 shorefrontconsulting@gmail.com Brewster Conservation Commission September 22, 2023 Attn: Bill Grafton, Conservation Administrator 2198 Main St. Brewster, MA 02631 By Hand Delivery and email Re: 2023 Annual Monitoring report for SE9-1672 Craig F. Pfannenstiel and Chris Bergstrom, Trustees 91 Carver Road Nominee Trust 91 Carver Road Brewster, MA Map 50, Parcel 92 (formally Map 3, Parcel 154-3) Dear Mr. Grafton; On behalf of my clients, Craig F. Pfannenstiehl and Chris Bergstrom, I am submitting this annual report for the condition of the revetment, fiber rolls, plantings and nourishment on the above referenced property. It appears that J. M. O’Reilly and Associates (as well as other engineering firms) have stopped providing annual reports for their client’s projects. Shorefront Consulting has reviewed the 2020 and 2021 report from J. M. O’Reilly in an effort to gain historic knowledge of the site. While the applicant regrets the absence of a 2022 report, all of this type of work is in transition to other firms. Shorefront Consulting has been tasked to provide a shorefront evaluation report for the 2023 season. Shorefront Consulting inspected the site at 91 Carver Road on August 31, 2023, at approximately high tide, and the access on September 12, 2023 at a much lower tide. Photos were taken of the planted areas, the revetment, the beach, the sturdy drift fence, and the east and west ends of the revetment. Those photos are enclosed for information and comparison reasons. Overall, the beach is quite stable, showing less than 1 foot of drift fence exposure. The fence continues to function as intended by allowing/maintaining the dune resource to build up over the year. The coir envelopes and the fiber rolls were not visible at the time of inspection. The revetment is in great condition, showing no signs of shifting or overtopping. The vegetation above the revetment is quite vibrant and stable, indicating that the revetment has not been overtopped or eroded above it. The east r eturn and drift fence remain buried almost exactly the same as the 2021 report. New vegetation was observed on the beach on the adjacent lot, seaward of the drift fence. The west end of the revetment beach also showed new vegetation seaward of the beach grass, and in some areas seaward of the drift fence. This indicates minimal storm activity in this area, as any erosion would not allow new plants to establish on their own in that location. The beach grass plantings on the slope appear stable, but could use some more new plants to augment what’s there and speed up the recolonization process of the grass. It is suggested that the applicant provide additional plantings in this area during the early spring of 2024, under the existing open order of conditions. No other maintenance work is suggested at this time. Beach nourishment is neither required nor encouraged at this time. The drift fence is buried to within a foot of the top of the fence; any additional nourishment would bury the drift fence and eliminate the function of the fence. Further, there is salt marsh seaward of the revetment, which is very sensitive to the beach elevation. If the nourishment was placed and a large storm eroded the nourishment (likely in the upcoming winter season), the large amount of nourishment can bury the marsh, with potentially devastating effects. The marsh is also helping to maintain the beach elevation, so it is imperative to be careful on nourishment amounts to protect the marsh. Since the beach is not low enough to warrant nourishment, the marsh system and the drift fence will continue to keep the beach more stable. In addition, the photos show that the groin system is full along this stretch of beach, with the littoral drift system from west to east. Both revetment returns are sufficiently covered, the plants are stable above the revetment, and any new nourishment will only bury newly established plants. Therefore, the only suggested maintenance for the site at this time is to add more beach grass plantings to the slope east of the revetment and access stairs. No other maintenance work is suggested at this time. Refer to the pictures below for comparison to the 2021 report. View of western end of revetment, August 2022 View of the eastern end of the revetment View of east end looking west; more sand accumulation than 2021 and 2020. View of abutting property beach and bank; note new vegetation at lower elevations. View of revetment face and established plantings at top of revetment; no overtopping observed. View of revetment face and established plantings at top of revetment; no overtopping observed. View of eastern revetment end, beach elevation (groin is full), and drift fence View of Eastern end, bank scarp, and additional colonized beach grass plantings; the scarped area by the blue arrow is suggested to be augmented with more beach grass when weather conditions allow. View of groin system fronting revetment looking east; littoral drift is from west to east. Close up view of east groin; groin is full. Beach is at its maximum elevation View of groin just west of revetment also shows that groin is full; beach is at maximum elevation View of beach at lower tide; notice the expansive marsh seaward of the revetment View of access at Saints Landing (not used by applicant for an unknown period of time) View of access at Saints Landing (not used by applicant for an unknown period of time) View of beach looking east at Saints Landing (not used by applicant for an unknown period of time) View of access at Saints Landing (not used by applicant for an unknown period of time) The access appears very well intact at this time. It is unknown whether the applicant has used this access for this project since it’s inception, but the access shows no signs of recent damage from equipment use. Post Lee Storm Report: The beach was inspected on September on September 20, 2023 to observe any changes to the beach system from Hurricane Lee. Overall, the beach did not appear to suffer any damage at all from the storm. The elevations of sand on the drift fence were unchanged, and the fronting vegetation undamaged. Therefore, it does not appear that LEE had any negative effects on the beach system. A few photos are included below for comparison. View of west end of revetment return and bank slope View of beach and fronting salt marsh looking east View of east end of revetment return and bank slope View of east end of revetment return View of revetment and beach looking east If there are any questions or concerns regarding this report, please contact me as soon as possible. Sincerely, Mark Burgess B.S. Ocean Engineering Shorefront Consulting Enclosures: As Stated cc: Craig Pfannenstiel and Chris Bergstrom (by email, Applicant) COASTAL PROCESSES SPECIALIST WOODS HOLE SEA GRANT | CAPE COD COOPERATIVE EXTENSION gberman@whoi.edu | gberman@barnstablecounty.org 508-289-3046 | 193 Oyster Pond Road, MS #2, Woods Hole, MA 02543-1525 October 26, 2023 TO: Bill Grafton (Brewster Conservation Administrator) CC: none FROM: Greg Berman, Coastal Processes Specialist (WHSG & CCCE) RE: Comments on waiver for 91 Carver Road, Brewster, MA The Conservation Agent for the Town of Brewster has sought an independent assessment to ascertain the possibility of waiving the mandatory annual nourishment for the property located at 91 Carver Road in 2023. While this site has undergone previous evaluations, this memo refrains from reiterating the detailed analysis of coastal processes for the sake of brevity. For additional context, the 2015 report is appended to this memo. An annual compensatory nourishment mandate serves as a mitigation measure to offset the decline in sediment supply to downdrift beaches. This volume may contribute to , but is not entirely responsible for, preserving the volume of the beach adjacent to the Coastal Engineering Structure (CES). It seems that the Brewster Conservation Commission had previously established, in the Order of Conditions, the necessity to uphold the integrity of the fronting beach. This determination was accompanied by the inclusion of a triggered nourishment requirement (aka trigger) as well as annual nourishment. An in-depth look at the rationale for requiring various kinds of beach nourishment is provided in this extension bulletin: https://seagrant.whoi.edu/wp- content/uploads/2023/05/Beach-Nourishment-Marine-Extension-Bulletin-2023.pdf The monitoring report provided by Shorefront Consulting (dated 09/22/2023) provides evidence that a nourishment trigger may not have been reached: “Overall, the beach is quite stable, showing less than 1 foot of drift fence exposure.” “The coir envelopes and the fiber rolls were not visible at the time of inspection.” “The east return and drift fence remain buried almost exactly the same as the 2021 report.” Nonetheless, the absence reaching a trigger does not affirm that the downdrift dunes and beaches have received an adequate volume of sediment, which would have been provided from the coastal landforms at 91 Carver Road. When a triggered nourishment requirement is included in an OOC, it should typically be viewed as supplementary to the standard annual requirement. Although much of the Cape Cod Bay shoreline weathered the recent storm season with a notable sediment surplus, the rationale behind annual nourishment lies in long-term averages. Downdrift beaches and dunes, particularly vulnerable during storm events, benefit the most when there is adequate sediment immediately before the storm. This necessitates a consistent placement of material, even during periods characterized by lower erosion rates. COASTAL PROCESSES SPECIALIST WOODS HOLE SEA GRANT | CAPE COD COOPERATIVE EXTENSION gberman@whoi.edu | gberman@barnstablecounty.org 508-289-3046 | 193 Oyster Pond Road, MS #2, Woods Hole, MA 02543-1525 August 27, 2015 TO: Brewster Conservation Trust CC: FROM: Greg Berman, Coastal Processes Specialist (WHSG & CCCE) RE: Site visit to 91 Carver Road, Brewster, MA – 07/30/2015 Background: Since the inception of the coastal processes position established within WHSG & CCCE, on- site and remote technical assistance on coastal processes has been and continues to be an on-going, effective technical information communication and dissemination tool. Technical assistance relating to coastal processes, shoreline change, erosion control alternatives, coastal landform delineation, potential effects of various human activities on coastal landforms, coastal floodplains, coastal hazards and hazard mitigation analyses, and dune restoration techniques provided in the field and remotely will continue to be provided on an as-needed basis. Site visits generally address site-specific coastal processes or coastal hazards related issues. Follow-up unbiased, written technical alternatives analyses are generally provided. Participants: Bonnie Newman – Brewster Conservation Trust Greg Berman – Coastal Processes Specialist (WHSG & CCCE) Introduction: Due to recent NOI filing for a shoreline stabilization project on a property adjacent to land owned by the Brewster Conservation Trust (BCT), Mr. Minis (the BCT president) got in touch with the coastal processes specialist (working for both the CCCE and WHSG) to examine the background coastal processes at work on this section of shoreline as well as potential impacts of the nearby shoreline armoring. A site visit was performed on 07/30/2015. Site Details: BCT owns the land immediately east of 91 Carver Road (Figure 1). The BCT property, as well as the areas immediately to the east and west, is characterized by a coastal bank which has experienced erosion under recent storms. A series of photographs was taken at the site on 07/30/2015. Photograph 1 was taken just west of the groin that is west of the revetment. This groin is permeable, in that sand can pass through and over portions of the structure and continue towards the east. The western edge of the revetment is partially covered by recently placed sediment. Photograph 2 shows the existing revetment with many displaced stones and gaps between the boulders. Photograph 3 the eastern end of the revetment. There is no proper return on this revetment and scour is reaching behind to destabilize the stones. Additionally erosion of the coastal bank appears accelerated here. This is commonly known as “End effect” erosion, aka the increased erosion to adjacent properties caused by a CES (Coastal Engineering Structure). Photograph 4 a section near the middle of the revetment, while it is difficult to determine with the vegetation, there may be areas which have runoff issues. If water flowing over the top of the bank (i.e. runoff) gets channelized it can quickly erode a section of the coastal bank. Coastal Structure Impacts: It is the longshore (i.e., parallel to the beach) sediment transport over a long period (typically annually) that gives us a net transport to base coastal projects upon. The net transport in this area appears to be from the west towards the east (Figure 2). More details on sediment transport can be found in Longshore Sediment Transport, Cape Cod, Massachusetts (Berman, 2011). The seven groins (Figure 2) on the shoreline west of the BCT property act as dams to sediment transport, impounding material on the updrift side and concurrently inducing erosion on the downdrift side. The groin immediately east of the BCT property is building up the elevation of the beach and assisting with the stability of the BCT coastal bank (likewise, at the determent of areas further to the east). The intended goal of groins is to slow net sediment transport, however in a system with reduced sediment input groins can completely obstructing transport - which leads to accelerated downdrift erosion. Additionally there is ~180’ of rock revetment immediately west of BCT property (red line in Figure 2). Revetments have the potential to alter wave, tidal or sediment transport processes while protecting upland structures. General negative effects include: exacerbating beach erosion, damaging neighboring properties, impacting marine habitats, and diminishing the capacity of landforms to protect inland areas from storm damage. When a revetment experiences wave action the reflected waves will likely erode the fronting beach, potentially undermining the revetment while lowering the height of the beach. This erosion may also result in a loss of dry beach at high tide, reducing the beach’s value for storm damage protection, recreation, and wildlife habitat. Specific to this site, if the beach and intertidal area were to lose volume the adjacent marsh could be impacted. To the east of the BCT property there are several areas of drift fence (yellow lines in Figure 2) and an additional two areas of revetment. As these structures are downdrift of the net longshore transport they should have much less effect on BCT property than structures to the west. Drift fencing is a type of sand fencing constructed with more robust structural elements than standard wire and slat fencing (sand fence). This type of fence configuration is typically used in areas subject to strong waves, so the fence can break some of the wave energy before it reaches the bank or dune landward of it, rather than fencing’s primary use to capture windblown sand. This type of fencing is not recommended by MassCZM due to its additional (on top of traditional sand fencing) potential adverse impacts: erosion around the posts, interference with the flow of sediment, a wind-tunnel effect, and the wood/nails creating marine debris. The reader is directed to the publications StormSmart Properties Fact Sheet 6: Sand Fencing (2013) and for more information on the effects of fencing on beaches. Shoreline Change: The best known erosion data available for this site is the CZM shoreline change project, which has a significant amount of uncertainty associated with the dataset in this area. The recent (2013) update now quantifies this uncertainty and allows the user to understand the true range that contains the actual rate, in addition to the “best guess” of the erosion rate at this site. Additionally, project shorelines were delineated at the wet/dry line and not at the toe or top of Bank. While the erosion rates at these locations are certainly linked there is a somewhat convoluted correlation between them (e.g., 2’ of erosion at MHW does not immediately equal 2’ of loss at the top of the bank). Erosion of the coastal bank can build the adjacent beach, which may indicate accretion when looking at the wet/dry line. Shoreline change transects for this area, called out in Figure 3, indicate both the long-term (1868-2009) and short-term (1994-2009) rates of change as well as the associated uncertainty. The estimated long-term rate is near 0 along this section of BCT shoreline. The transects west of the BCT property (CCB-0939 and CCB-0940) are in a section of shoreline eroding at approximately 0.1’ of erosion per year however the actual range is between 0.4’ of accretion and 0.6’ of erosion per year. There is no short-term (~30-year) shoreline change rate uncertainty range as there was no shoreline available from the 1970’s. There are values presented for a short-term rate, however it would be best not to use those due to the lack of documented uncertainty and issues with some of the digitized shorelines. The digitized MHW positions indicate that each period of erosion (1868-1934, 1951-1994) is followed by a period of accretion (1934-1951, 1994-2009), which may have more to do with the conditions in the image (or the analyst digitizing the shoreline) than actual shoreline change. It may be reasonable to use the long-term erosion estimates until such a time that additional site specific data is collected that indicates that a different erosion rate is more appropriate, however the shorelines are suspect in this area. Additionally, erosion is not linear. Storm impacts and other short term, high intensity events make it difficult, if not impossible to predict erosion on a short time frame. Erosional range extremes along this section of shoreline were only up to 0.6’/yr but cannot be considered a “worst-case-scenario,” as much more than has occurred along the coastal bank during recent storms. Due to the questionable nature of the CZM shoreline change data, additional analysis was performed for this report. The top of bank vegetation line was digitized along this section of shoreline from recent aerial photographs from MassGIS (1994/2005/2009/2015). The 2015 vegetation line was superimposed on all of the aerials in order to determine qualitative shoreline change (Figure 4). Minimal loss occurred during this time except during the most recent period between 2009 and 2015. Comments on Site Plans (06/16/2105): The existing grade on the cross sections does not appear to have high enough resolution to capture the depression (likely caused by overwash). The site plan indicates that the toe of the revetment will be at the existing toe of the bank, with sand fill placed in between the existing bank and the proposed CES. I would recommend pulling the rocks back tight to the eroded bank, and even cutting into the bank to place them if needed. Typically, if the area is currently in line with adjacent areas then re-occupying the previous location of the toe of bank is not advisable. The current configuration is such that the revetment extends ~10’ further seaward than adjacent areas. Whenever a project attempts to maintain a position seaward from an existing landform there is the potential for focusing wave energy on the stabilization project. This section of shoreline (the revetment) extends seaward further than adjacent areas, making it act like a headland. Typically, wave energy is concentrated on the headland areas as wave energy is concentrated on obstacles to wave motion along the shoreline. The diagram to the right shows how bottom friction changes the wave direction (called wave refraction). As a result, the wave front parallels the coastline and wave energy is concentrated on the headlands. “End effect” erosion is the increased erosion to adjacent properties caused by a CES, in this case the proposed revetment return. The western end the revetment is proposed to connect to proposed coir envelope and drift fence system, this will ease the transition from a rock wall into sand. However on the eastern edge the revetment ends right in the unarmored coastal bank, very near the BCT property. The revetment could be shortened so that it ends approximately 10 to 20 feet from the property line, but only if the CES still provides adequate protection to the building. The ends of the revetment could also be tapered so that both its elevation and slope are gradually reduced to further minimize end effects. Additionally/Alternatively non-CES methods (ex. coir rolls, or the system to be installed on the other side of the revetment) should also be considered for use at the eastern end of the structure to both reduce end effects and provide additional protection to the adjacent property. If the applicant feels that the revetment needs to extend to the property line to protect his home, BCT could consider allowing the applicant to install a non-CES method to transition into the coastal bank on BCT property. Typically, revetments should ideally have a slope no steeper than 1.5:1 (1’ of elevation to 1.5’ of horizontal distance) to limit erosion of fronting beaches and adjacent properties. As the slope of a revetment becomes more shallow, typically wave reflection is reduced. During a reconstruction a Above: Graphic showing how the bathymetry near a headland tends to converge wave energy onto the headland. Image from //science.kennesaw.edu Below: An aerial photograph of the site rotated to match the graphic. project should avoid increasing the steepness of a revetment. A 2:1 slope and/or pulling the structure landward might also reduce impacts to the fronting and adjacent coastal resource areas. Please note that the scale for the planview image (upper left portion of plans) appears to be incorrect. While the revetment is called out at 181’, when measured using the scale bar the revetment is ~90’. Considerations/Recommendations: • The revetment sticks out onto the beach; this will make it harder to maintain this position as the rest of the unarmored coastal bank continues to retreat. I would recommend pulling the rocks back tight to the eroded bank, and even cutting into the bank to place them if needed. • Non-CES methods (ex. coir rolls/envelopes/fencing) for transitioning into the coastal bank are proposed to be used on the western end of the revetment, they should also be considered for use at the eastern end of the structure to reduce potential end effects. If the transition cannot be located entirely on the applicant’s property (and still provide adequate protection for the house), BCT may want to consider allowing the applicant to place the transition on BCT property. • While erosion rates are minimal (and uncertain) at this location, the annual volume added to the system by this coastal bank is relatively small. Potential nourishment requirements might be more effective by using a trigger (ex. revetment toe stones exposed or keeping transition elements covered) for nourishment might be instead of an annual volume. • The applicant may want to inspect the top of the bank for runoff issues that may affect bank stability. Figure 1. Location of site. Figure 2. Location of shoreline stabilization projects in the vicinity of 91 Carver Road. Figure 3. The top image is from the Massachusetts Shoreline Change Project on the Massachusetts Ocean Resource Information System (MORIS). The spreadsheet below contains data extracted from individual transect data downloaded from MORIS. There is no short-term (~30-year) shoreline change rate uncertainly range as there was no shoreline available from the 1970s. 1868 1934 1951 1994 2009 High Water Shorelines (1868-2009) Longterm Rate Shortterm Rate (feet/year)(feet/year) "Best Guess""Best Guess" CCB-0939 -0.1 -0.6 to 0.4 1.2 CCB-0940 -0.2 -0.4 to 0.1 0.7 CCB-0941 0.0 -0.2 to 0.2 1.2 LABEL Longterm Rate Shortterm Rate (feet/year)(feet/year) Range Range NO DATA EXISTS NO DATA EXISTS NO DATA EXISTS Figure 4. A time series of aerial photographs (date of acquisition indicated in the upper left hand corner of each image). The top of bank from the 2015 aerial was digitized and is overlaid upon each photograph to assist with qualitative shoreline change analysis. The red arrow on the image to the right indicates the location and direction of the photograph at the bottom of this page in red, and the other photographs in the series are yellow. Photograph 1. The western edge of the revetment, partially covered by recently placed sediment. The red arrow on the image to the right indicates the location and direction of the photograph at the bottom of this page in red, and the other photographs in the series are yellow. Photograph 2. The face of the existing revetment has gaps and displaced stones. The red arrow on the image to the right indicates the location and direction of the photograph at the bottom of this page in red, and the other photographs in the series are yellow. Photograph 3. There may be enhanced erosion at the eastern end of the revetment. The red arrow on the image to the right indicates the location and direction of the photograph at the bottom of this page in red, and the other photographs in the series are yellow. Photograph 4. While it is difficult to determine with the vegetation, there may be areas which have runoff issues. 518 əuoz JƏneS Əuoz 2Ojsjodoı ƏuipuepaMMƏN (rz0z-69OwrÁgpezoon)puodyoaßpa. (F8'ST=13JƏel(puodean -ONOdIONYE Plant List *I5creepingJonper Pachyzendra t yo toSoCreepingThyne November 11, 2023 To: Grafton, Brewster Conservation Administrator From: Stephen McKenna, Cape & Islands Regional Coordinator, Mass CZM Re: Comments on Waiver Request at 91 Carver Road, Brewster, MA The Brewster Conservation Agent has requested a review and comments on the waiver request for the annual nourishment requirement at 91 Carver Road. CZM offers the following comments for consideration by the Brewster Conservation Commission. A review of the Order of Conditions (OOC) indicates the Brewster Conservation Commission determined the coastal bank functioned as a sediment source to adjacent coastal resources and required an annual beach nourishment volume of 661 cubic yards to mitigate the permanent loss of sediment and to maintain the elevation of the beach in front of the coastal engineering structure (CES). In addition, annual monitoring with a “trigger elevation” for further nourishment was also included in the OOC. CZM and DEP recommend periodic beach nourishment to mitigate impacts due to loss of sediment caused by a CES. The minimum volume required should be based on the historic annual shoreline erosion rate or more recent erosion rate when appropriate. The minimum volume required is calculated by multiplying the height of the bank, the length of the project, and the annual erosion rate. Monitoring the beach after nourishment to document erosion and the need for further mitigation (nourishment) is also recommended. It is important that the sediments used to nourish a beach from an off-site source (typically an inland sand and gravel pit) are similar in grain size to the existing beach. The Commission should review the document “Beach Nourishment: MassDEP’s Guide to Best Management Practices for Projects in Massachusetts, March 2007” for detailed information. The conditions in the OOC are consistent with policies and recommendations in the CZM and DEP document “Applying the Massachusetts Coastal Wetlands Regulations: A Practical Manual for Conservation Commissions to Protect the Storm Damage Prevention and Flood Control Functions of Coastal Resources Areas.” Consistent placement of sand nourishment, even during periods of relatively low erosion and high beach elevations, is the most effective way to effectively mitigate and minimize impacts to coastal resource areas on a long-term basis. Therefore, CZM does not recommend a waiver of the nourishment requirements set forth in the OOC. Stephen McKenna Coastal Zone Management Cape & Islands Regional Coordinator Page 1 of 11 Conservation Commission Meeting Minutes – February 14, 2023 Town of Brewster Conservation Commission 1657 Main St., Brewster, MA 02631 conservation@brewster-ma.gov (508) 896-4546 MEETING MINUTES Remote Participation Only February 14, 2023 6:00 PM Conservation Commission Michael Tobin Chairman Casey Chatelain Vice Chairperson Commissioners Bruce Evans Gary Kaser Kimberley Crocker Pearson Ron Slowek Staff Chris Miller, Natural Resources Director Bill Grafton, Conservation Administrator Andreana Sideris, Assistant to Natural Resources Director and Conservation Administrator Commissioners Present: Vice Chair Casey Chatelain (CC), Bruce Evans (BE), Gary Kaser (GK), Kimberly Crocker Pearson (KP), Ron Slowek (RS) Commissioners Absent: Chair Michael Tobin (MT) Staff Present: Bill Grafton (BG), Chris Miller (CM), Andreana Sideris (AS) 1. Call to Order 2. Meeting Declaration of Participation Statement 3. Public Comment/ Citizens’ Forum There was no public comment. 4. Discussion 4a. Dissolution Letter provided by Town Counsel Town Counsel (TC) has provided a draft Notice of Release of Enforcement Order, as discussed at the January 24, 2023 Commision public meeting. Bill Grafton (BG) suggests this Notice will protect subsequent property owners and those who have brought their properties into compliance by document when EOs are closed out. Bruce Evans (BE) thinks the letter is very clear and will accomplish the intended purpose. BE moves to approve the adoption of the dissolution letter provided by Town Counsel, to be issued by the Conservation Administrator as ratified by the Brewster Conservation Commission for each enforcement order. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 5. Requests for Determination of Applicability 5a. 2314 Main Street 78-123 (16-81) RDA# 23-01. Charles Ross requests a determination as to whether the area, scope of alternatives and work depicted on the plan - removal of a tree over a pathway - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Homeowner Charles Ross (CR) notes that a tree has fallen over a small pathway to the back part of his lot, near the Consodine Ditch. Some of the limbs were removed by Cape Cod Mosquito Control, but the trunk blocks the pathway and needs to be removed. Bill Grafton (BG) suggests that the Commission authorize the limbs to be removed and taken offsite along with vines that have spread to the adjacent trees, and that the trunk be sectioned and left near the root ball to serve as wildlife habitat. Page 2 of 11 Conservation Commission Meeting Minutes – February 14, 2023 BG suggests that the Commission consider making activity such as this, where the work will improve conditions in a resource area, approvable by Administrative Review. CR thanks BG and Conservation staff for their assistance. Bruce Evans (BE) moves to approve a Positive 5 determination for the Brewster Wetland Bylaw applicability and Negative 2 determination for work within the resource areas, with Special Conditions to seek guidance from the Conservation Administrator for work that deviates from what is approved for Determination of Applicability # 23-01 associated with 2314 Main Street. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 5b. 359 Main Street. 16-3 (21-11) RDA# 23-02. Town of Brewster requests a determination as to whether the area, boundaries of resource area, and work depicted on the plan - garage and driveway demolition and removal as well as site restoration - are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Chris Miller (CM) notes that this work involves property that came under the custody and care of the Conservation Commission several years ago; it offers marsh views and abuts property purchased by the Brewster Conservation Trust. The proposed activity is the removal of an existing wooden garage and driveway on the property, with subsequent restoration of the open field habitat consistent with the surrounding area. The garage could provide an opportunity for Brewster Fire to train on building entry techniques before it is removed. Bill Grafton (BG) has no issue with the current wetland line and suggests a Positive 2A finding to confirm it. Kim Pearson (KP) asks about the age of the garage and whether there may be asbestos or other hazardous materials; CM estimates it to be at least 25-30 years old. The structure is almost entirely wood, with no evidence of hazardous materials. Bruce Evans (BE) moves to approve a Positive 5 determination for the Brewster Wetland Bylaw Applicability, Positive 2A determination, and Negative 3 determination for work within the buffer zone to resource areas with the Special Condition to seek guidance from the Conservation Administrator for work that deviates from what is approved for Determination of Applicability # 23- 02, associated with 359 Main Street. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 6. Notice of Intent, Request for Amended Order of Conditions, and Abbreviated Notice of Resource Area Delineation Commissioner Bruce Evans recuses from the following discussion and vote. 6a. 660 Villages Drive 75-13 (33-95-2) SE9-1771. New Public Hearing. Ocean Edge Resort & Golf Club Request to Amend Order of Conditions SE9-1771, proposing an amendment to vegetation management protocols within buffer zone to Bordering Vegetated Wetlands associated with Fairway 8. John O’Reilly (JO), J.M. O’Reilly & Associates, present for applicant along with wetland scientist David Haines (DH) and club superintendent Craig Sullivan (CS). This filing involves vegetative trimming in the 50 to 100 ft buffer to improve line of sight and golf ball flight issues at the 8th hole. They will be filing a new Notice of Intent for additional activity at Holes 8, 9, and 14. Page 3 of 11 Conservation Commission Meeting Minutes – February 14, 2023 DH briefly discusses the permitting history of the site, which had authorized ongoing vegetative management; however, the extent of the management allowed is not sufficient to prevent the sightline and ball travel issues. The area by Hole 8 is heavily overgrown with both native and invasive species, and is difficult to play or traverse through the obstacles. Sometime before April 15, 2023 they would like to mow, fertilize, and seed the area between the 50 and 100 ft buffers with American Beach Grass. They would also like to spot-treat any resprouted woody vegetation sometime after August 15, 2023 with “selective herbicides” that will only affect herbaceous vegetation, and then re-mow the area two weeks after, with the goal of creating a grassy meadow area. They are proposing this treatment for three years annually but not all treatments may be needed. The plantings will be monitored for the extent of the permit. DH suggests the treatments will ultimately result in an improved habitat, free of the invasives that currently occupy the space. Bill Grafton (BG) noted lost golf balls throughout the work area when he walked the site and had suggested the planting of American Beach Grass. Once established, the American Beach Grass will help prevent the regrowth of invasives. BG expects that the planting plan will ultimately include witch hazel and other native shrubs. The Club seems to be respecting time of year constraints designed to protect bird habitat. The area around Hole 8 does not include any National Heritage Endangered Species Program (NHESP) habitat but the subsequent work around Hole 14 does. BG will walk the wetland line with DH as part of the upcoming Notice of Intent. BG recommends approval of this amendment with special conditions consistent with those in the original Order of Conditions. Chris Miller (CM) notes that the site is a Jack Nicklaus designed course that went through extensive initial permitting; the current issues are due in part to not aggressively managing the vegetation in the buffer; as such, the proposed activity will bring the site closer to the conditions that existed when the course was first built. Without the proposed cutting and proper ongoing management, parts of the course will be unplayable. Kim Pearson (KP) asks if the treatments will affect the Pleasant Bay watershed. CM does not believe any portion of the work area is within the watershed. Casey Chatelain (CC) asks for comments from the public; none were offered. Gary Kaser (GK) moves to close the public hearing for SE9-1771, Ocean Edge Resort at 660 Villages Drive, and issue amended Orders of Conditions with special conditions to be drafted by BG within 21 days. KP second. Approved 4-0-0 by roll call: RS aye, KP aye, GK aye, CC aye. Bruce Evans rejoins the meeting. 6b. 0 Main Street 138-74 thru 81 (30-30-101 thru 108). New Public Hearing. William Marsh, Abbreviated Notice of Resource Area Delineation for Bordering Vegetated Wetland and an Isolated Vegetated Wetland. A continuation request was received at the Department of Natural Resources. Bruce Evans (BE) moves to continue the hearing for William Marsh, at 0 Main Street, to February 28, 2023. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 6c. 33 Ocean Edge Drive, SE9-1945, 90-160-1326 (14-1-33). Suzanne Early proposes the removal and relocation of an existing deck, walkway, ramp and stairs, deck expansion and Page 4 of 11 Conservation Commission Meeting Minutes – February 14, 2023 mitigation plantings within riverfront and buffer zones to inland bank and bordering vegetated wetlands. John O’Reilly (JO), J.M. O’Reilly & Associates, present for applicant. JO has corrected the dune delineation on the plan and revised the proposal to elevate and replace the existing structures, including deck, stairs, and shower, in the same footprint; the new deck will be supported by diamond piers. Bill Grafton (BG) notes that the new plan will be an improvement over existing conditions; the new deck will allow the dune to migrate, and the use of diamond piers will require very little disturbance. Casey Chatelain (CC) asks for comments from the public; none were offered. Bruce Evans (BE) moves to close the public hearing for SE9-1945, associated with 33 Ocean Edge, and continue to February 28, 2023 for issuance of the Order of Conditions with Special Conditions. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 6d. 120 Run Hill Road, SE9-1944. 35-34 (36-12-5). Kenneth and Amy Rubin propose to construct a seasonal dock into the waters of Lower Mill Pond (great pond), construct an elevated stairway with a landing, as well as install a boat rack and improve foot pathway on and within inland bank, bordering vegetated wetland and buffer zones to inland bank and bordering vegetated wetlands. John O’Reilly (JO), J.M. O’Reilly & Associates, present for applicants. Revisions to the site plan include the addition of three “proposed 4 x 4 posts” for conservation markers at the buffer line as discussed at the previous hearing; they have also redesigned the walking path to be more serpentine for erosion/sedimentation control, and denoted the steps needed to traverse the grade. Applicants are also interested in making additional native plantings in the buffer zone which has been added. They are seeking a variance as to the required 2.5 feet depth at end of dock, as has been granted for nearby properties on the pond. Ron Slowek (RS) suggests that the proposed 4 ft by 10 ft dock section is more appropriate for shared docks, and asks if it could be made smaller. JO notes that the dock is under 100 sq ft as required under the bylaw, but they turned this last section horizontally to allow enough space for chairs to be set there. Bill Grafton (BG) suggests that “flow through decking” or other lightweight material be used for the dock, and that no trees be taken down to construct the path to the dock. BG is working with staff on a design for conservation markers, specifically denoting “no disturbance” beyond a certain point, and asks that the site plan be revised to reference “conservation markers on posts,” which he will provide to applicants once the markers are available. JO will update the site plan as requested; he recommends the use of flow-through decking on all his projects, as they allow for much greater sunlight penetration. JO also notes they still must obtain a Chapter 91 permit for the dock, and asks that the dock and staircase “not be tied to each other” so they can begin work on the staircase immediately. BG supports allowing work above the mean high water mark to proceed separately from the actual dock construction. Chris Miller (CM) notes that pursuing a mooring permit would allow the homeowners to use their waterfront before the dock is completed, without impacting the bank. Page 5 of 11 Conservation Commission Meeting Minutes – February 14, 2023 Casey Chatelain (CC) asks for comments from the public; none were offered. Bruce Evans (BE) moves to close the public hearing for SE9-1944 associated with 120 Run Hill Road and continue to February 28, 2023 for issuance of the Order of Conditions with Special Conditions. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. After the vote, CC clarifies to applicants that they can seek out contractors to perform the work but no work should start until after the Order of Commissions has been issued. BG adds that their consultants will need to obtain all other required permits, set up a preconstruction meeting, and post a sign with the Massachusetts DEP number onsite; JO will assist in the process. 6e. 2070 Route 28, SE9-1943. 149-1 ( 53-28). Pleasant Bay Community Boating Inc, proposes to reconfigure a parking area and walkways, install drainage trench, create footpath, install two retaining walls as well as landscape improvements within an Area of Critical Environmental Concern (ACEC) and buffer zones to coastal bank and bordering vegetated wetlands. John O’Reilly (JO), J.M. O’Reilly & Associates, present for applicant. JO notes he has updated the site plan to specify the additional impervious coverage in Brewster and provided the planting plan required by Harwich, which includes bayberry, high-bush blueberry, black oak, and eastern red cedar. He expects to obtain permitting for the Harwich piece tomorrow. Bill Grafton (BG) thanks JO for his detailed submissions and has no other issues. Casey Chatelain (CC) asks for comments from the public; none were offered. Bruce Evans (BE) moves to close the public hearing for SE9-1943, associated with 2070 Route 28, and continue to February 28, 2023 for issuance of the Order of Conditions with Special Conditions. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 6f. 35 Captain Dunbar Road, 91-38 (7-13)/SE9-1942. Louise Wilson proposes the installation of a fence enclosure, generator and a post-supported storage box, as well as sand nourishment on and within coastal resources. Bob Perry (BP), representing applicant, indicates he has made no changes to the site plan but has been in touch with Bill Grafton (BG) regarding the beach renourishment component; BP is okay with any changes the Commission might suggest in this area. BG has reached out to coastal geologist Greg Berman (GB) for help in calculating a sufficient annual beach renourishment amount, which came out to 25 cubic yards; BP has come up with a 40 cubic yards by his own calculation. BG suggests that this renourishment should be placed on the coastal beach below the revetment for maximum effectiveness. BP clarifies they are proposing “sand renourishment” of the area of exposed geotextile fabric by the edge of the revetment, which may incidentally renourish the beach in severe storms, as well as annual renourishment of the coastal beach that will be coordinated with similar activity on neighboring properties; BG asks that this be documented on the site plan, and will memorialize the annual renourishment in the special conditions; this will be beneficial for the area. BG also requests that reference to the NGVD29 with 1.1 conversion rate be stricken from the plan. BG will work with BP on final modifications and special conditions, and expects the final Orders of Conditions should be ready for approval at the February 28, 2023 meeting. Casey Chatelain (CC) notes that attention to the Order of Conditions at this stage will help prevent issues further down the line. CC asks for comments from the public; none were offered. Page 6 of 11 Conservation Commission Meeting Minutes – February 14, 2023 Bruce Evans (BE) moves to close the public hearing for SE9-1942, associated with 35 Captain Dunbar Road, and continue to February 28, 2023 for issuance of the Order of Conditions with Special Conditions. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. Commissioner Gary Kaser (GK) recuses from the following discussion and vote. 6g. 56 Underpass Road 78-116 (26-6) SE9-1940. Continued Public Hearing. Brewster Veterinary Hospital proposes to remodel and expand the existing veterinary hospital and parking area, install stormwater improvements and restore native vegetation within 50 and 100 feet of inland wetlands. A continuation request was received. Bruce Evans (BE) moves to continue the public hearing for SE9-1940, associated with 56 Underpass Road, to February 28, 2023 as per applicant representative’s written request. Kim Pearson (KP) second. Approved 3-0-0 by roll call: KP aye, BE aye, CC aye. Chris Miller (CM) questions whether a fourth vote is needed for a quorum. BG suggests that Ron Slowek (RS) would be able to vote on the continuance, as it is a strictly administrative vote. KP suggests that RS vote “abstain” on the revote. BE moves to revoke the previous vote. KP second. Approved 3-0-0 by roll call: KP aye, BE aye, CC aye. BE moves to continue the public hearing for SE9-1940, associated with 56 Underpass Road, to February 28, 2023 as per applicant representative’s written request. KP second. Approved 3-0-1 by roll call: RS abstain, KP aye, BE aye, CC aye. Commissioner GK rejoins the meeting. 6h. 19 Muskrat Lane, 103-9 (9-3)/SE9-1941. Continued Public Hearing. 19 Muskrat Lane LLC, proposes an after-the-fact dune restoration plan on and within 50 and 100 feet of inland and coastal resources. A continuation request was received. Bill Grafton (BG) indicates this Notice of Intent will be withdrawn once the enforcement order associated with the property is withdrawn. Bruce Evans (BE) moves to continue the public hearing for SE9-1941, associated with 19 Muskrat Lane, to February 28, 2023 as per applicant representative’s written request. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 7. Request for Certificate of Compliance None Page 7 of 11 Conservation Commission Meeting Minutes – February 14, 2023 8. Request for Extension Order of Conditions 8a. 0 Main Street, 3381 Main Street & 0 Weathersvane Way, SE9-1806 114-65 (28-999), 114-1 (12-12) & 115-3 (9-53). DCR Greenways and Trails Program. Bill Grafton (BG) has discussed the outstanding Orders of Conditions with Town Administration and the DCR Director. The Orders expire on April 4, 2023 and BG recommends granting a three-year extension. Gary Kaser (GK) moves to approve an extension for the Order of Conditions SE9-1806, associated with 0 Main Street, 3381 Main Street, and 0 Weathersvane Way, to April 3, 2026. Kim Pearson (KP) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 9. Show Cause Hearings 9a. Continued - 19 Muskrat Lane LLC, c/o Walter Harris, 19 Muskrat Lane 103-9 (9-3), cutting and clearing of vegetation on and within 50 feet of wetlands without a valid permit. A continuation request was received at the Department of Natural Resources. Bill Grafton (BG) notes applicants wish to proceed with the restoration as soon as possible due to NHESP time constraints; the plan will involve some management of invasive and opportunistic species. Bruce Evans (BE) moves to continue the enforcement order discussion associated with 19 Muskrat Lane, to February 28, 2023 as per applicant representative’s written request. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 9b. Continued - Brown, 2628 Main Street, 89-14 (15-113-2) Cutting and clearing of vegetation within 25 feet of inland wetlands as well as the placement of fill on and within 100 feet of inland wetlands. Property owner Stephan Brown (SB) has engaged land use attorney Christopher Senie (CS) with whom Bill Grafton (BG) and Chris Miller (CM) will be meeting tomorrow. BSC is preparing the existing conditions plan for the February 28, 2023 meeting, which will use the ECR wetland delineation. BG suggests that the Commissioners visit the site before the meeting. Kim Pearson (KP) notes that the February 27, 2023 due date for the site plan doesn’t allow much time for review; BG agrees but suggests the Commission proceed with the discussion on February 28 in the interests of moving the matter forward. CC asks for comments from the public; none were offered. Bruce Evans (BE) moves to continue the enforcement order discussion for Brown at 2628 Main Street to February 28, 2023 to discuss the existing conditions plan, wetland delineation and restoration plan. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. Page 8 of 11 Conservation Commission Meeting Minutes – February 14, 2023 9c. Continued - Karam, 330 Main Street, 15-20 (21-30-19), construction of addition, retaining walls and patios, vegetation clearing within 50 and 100 feet of inland wetlands. Bill Grafton (BG) has not received an update from Town Counsel (TC) on the ongoing litigation. Homeowner David Karam has indicated to BG that the closing will take place the second week of February 2023. CC asks for comments from the public; none were offered. Bruce Evans (BE) moves to continue the enforcement order discussion for Karam at 330 Main Street to February 28, 2023. GK second. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 10. Request for Minor Change to Plan 10a. 279 Crocker Lane 69-6 (5-201) SE9-1991.The 297 Crocker Lane R.T. Unpermitted cutting in buffer zone. John O’Reilly (JO), J.M. O’Reilly & Associates, present for applicant to discuss a minor plan change to include the cutting of three trees in the 100 ft buffer to a coastal bank by homeowner’s landscaper. They propose to plant three cedar and five bayberry shrubs as mitigation. CC asks for comments from the public; none were offered. Bruce Evans (BE) moves to approve the Sketch Plan for SE9-1991 associated with 279 Crocker Lane depicting the replacement plantings of (3) three eastern red cedar trees and (5) five bayberry shrubs dated 2/07/2023, prepared by J.M. O’Reilly & Associates, signed and stamped by John O’Reilly, PLS, RPE as a Minor Plan Change. Gary Kaser (GK) second. Approved 4-0-1 by roll call: RS aye, KP abstain, GK aye, BE aye, CC aye. 10b. 351 Point of Rocks Road 79-23 (6-7) RDA. Custom Construction Services. Limit of work change in response to BOH requirements John O’Reilly (JO), J.M. O’Reilly & Associates, present for applicant, who received an approval determination from the Commission for a septic upgrade. Board of Health subsequently requested revisions to the system layout which in turn caused the limit of work to shift. The leaching facility remains outside the 100 ft buffer, and no additional tree removal will be required. Bill Grafton (BG) notes there are no changes to the system components and recommends approval. Bruce Evans (BE) moves to approve the Site & Sewage Disposal System Design Plan dated 1/04/2023, prepared by J.M. O’Reilly & Associates, signed and stamped by John O’Reilly, PLS, RPE depicting the deviations to the Commission’s approved site plan dated 11/28/2022 as a Minor Plan Change to the Determination of Applicability issued on 1/11/2023 associated with 351 Point of Rocks Road. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. Page 9 of 11 Conservation Commission Meeting Minutes – February 14, 2023 10c. 0 Landing Drive 82-1 (48-79-1) RDA. Beechwood Landing Property Owners Association. Addition of a shade structure to permitted deck. Lincoln Hooper (LH) present for the Beechwood Property Owners Association. They received a approval determination by the Commission to replace an existing deck in April of 2022, and are asking to add a 10 ft by 40 ft shade structure over the deck. They have applied for a building permit, which is under review. Bill Grafton (BG) notes that LH has been cooperative with him and Department staff; the change as proposed is a “structure upon a structure” that will not further impact the sub-surface. However, the structure as proposed may not provide shading when the sun is at a certain angle; any further changes require additional permitting. LH indicates they have no plans to alter the design at this time. Ron Slowek (RS) suggests that a 10 ft by 40 ft structure is not in fact “minor,” and would like to ensure that the back and sides of the structure remain open to avoid the appearance of segmentation. Gary Kaser (GK) expresses concern at possible runoff/erosion impacts. LH indicates there are no plans to enclose the structure; the roof will be pitched towards the water and will not impact the bank. Chris Miller (CM) notes that the structure will not increase runoff but will channel it to some extent, and would like to know the water depth in the area as well as whether stormwater will empty directly into the pond or onto the deck. LH does not have the deck width but reiterates that the structure will be 10 ft wide. The deck sits over about 1 ft of water on average, but the levels fluctuate. As the lake bottom is mostly rock, CM suggests that erosion should not be a concern. All present review the design of the proposed structure. CM and RS note that the posts of the structure will rest on the deck and not extend into the water. GK indicates he does not support allowing applicant to add on to the structure, as it goes against what he’s listened to as a Commissioner in other deliberations. BG points out that the previous deck had a similar shade structure with cloth roof and metal posts, and notes there will be no dredging, filling, removing or altering involved in the new structure’s construction. As such, BG suggests the structure meets the performance standards for the resource area and is something the Commission can approve. However, CM is not sure the previous shade structure was permitted, so there may be a concern with expansion of a previous non-conforming use. Kim Pearson (KP) would like to know whether the previous structure was in fact permitted before voting. Andreana Sideris (AS) notes there is an RDA from 1998 for the property in addition to a 2018 RDA BG referenced, but what was actually permitted in these filings requires further research. BG believes a shade structure was discussed at the 2018 hearing but the minutes did not detail whether one was permitted or prohibited at that time. CM suggests that file research is needed to answer this question and recommends the Commissioners consider whether the answer would affect their vote on this request; RS indicates it would. GK has never seen a structure like this on a dock in Town but would be okay with it if the other Commissioners and DNR staff are okay with permitting similar structures on other docks. CM notes this is a shared structure that will be used by multiple residents (103 households according to LH), Page 10 of 11 Conservation Commission Meeting Minutes – February 14, 2023 which is looked upon somewhat more permissively than strictly private structures on individual docks. BG adds that each structure would still be looked at case by case to determine the specific impact on the resource area; in this case, the Commission should consider the aesthetic, stormwater, and shading impacts which, BG suggests, take precedence over whether a previous similar structure was permitted. Casey Chatelain (CC) polls the Commissioners as to whether the question of the previous shade structure’s being permitted would affect their vote on this structure. RS, yes; GK, willing to go with what the majority decides; KP yes - don’t think it’s a minor change and don’t want to see them all over Town but willing to respect precedent if previously permitted; Bruce Evans (BE), “it could.” GK suggests a continuation to allow for the permitting question and other issues to be researched. BE moves to continue the Request for Minor Plan Change for 0 Landing Drive to February 28, 2023. KP second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 11. Request for Administrative Review 11a. 6 John Wings 23-51 (36-207) AR# 23-01. Leerer. Removal of existing patio. Ken Garulay (KG) present for applicant. The proposed activity is removal of an existing concrete patio; work access would be through the right side of the house, and straw wattle erosion control would be deployed at the limit of work. A small skid steer would be used to remove the slab; no trees or vegetation are proposed to be removed, and the area will be loamed and seeded once the slab is removed. Bill Grafton (BG) recommends approval with the following conditions: (1) no removal or damage to vegetation; (2) install erosion control before start of work; (3) use clean, compatible fill; and (4) seek guidance from Conservation Administrator for any work or activity beyond that specifically approved. BE moves to approve the administrative review for Leerer, at 6 John Wings, for removal of an existing patio. GK second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 11b. 0 Fisherman’s Landing Road 62-22 (40-19-8) AR# 23-02. DNR. Repair wooden ramp and landing on existing sonotubes. Chris Miller (CM) advises that the ramp and landing was recently damaged, possibly by a snowplow or vehicle; the structure has been temporarily stabilized but a more permanent repair is needed, including replacement of the supporting sonotubes. There will be no expansion of the structure. Bill Grafton (BG) has no issues with the project and suggests that similar projects, where safety may be a concern, be made approvable by the Conservation Administrator to expedite repairs. Casey Chatelain (CC) suggests that this be added to a future agenda. Bruce Evans (BE) moves to approve the administrative review for the Department of Natural Resources, at 0 Fisherman’s Landing, for repair of a wooden ramp and landing on existing sonotubes. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. Page 11 of 11 Conservation Commission Meeting Minutes – February 14, 2023 11c. 1603 Main Street 56-4 (24-12) AR# 23-03. Rogers. After-The-Fact tree limb removal. Bill Grafton (BG) received a complaint regarding the removal of a tree limb in a 50-100 ft buffer to bordering vegetated wetlands without a permit. The homeowners’ daughter, who manages the property, submitted the request upon returning from travel abroad with a letter indicating they will be more aware of the buffer zone going forward. BG notes that the tree limb was damaged and threatening a dog pen fence, and suggests this would be another candidate for administrative approval. Bruce Evans (BE) moves to approve the administrative review for Rogers, at 1603 Main Street, for after-the-fact tree removal. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. 12. Report of Natural Resources Director Nothing new to report. 13. Report of the Conservation Administrator Bill Grafton (BG) recently resolved an issue in which a Certificate of Compliance was approved by the Commission and issued, but could not be recorded because the applicant could not produce the original signed document, from 2002. The Town Clerk affixed a “true attest” stamp to the document that made it recordable. BG would like to establish working groups, comprised of commissioners and other interested parties, to consider procedural and other improvements. BG would also like to develop a “21 day waiver” form that an applicant would sign in order to prevent an automatic approval of Requests for Determination of Applicability or Notices of Intent in situations where more than 21 days pass between the filing date and the date of the public hearing; it would also eliminate the need for the Commission to hold a special meeting to avoid such “approvals.” This would be a good task for a working group. 14. Adjourn Bruce Evans (BE) moves to adjourn. GK second. Gary Kaser (GK) second. Approved 5-0-0 by roll call: RS aye, KP aye, GK aye, BE aye, CC aye. Meeting adjourned at 8:26 PM. Page 1 of 10 Conservation Commission Meeting Minutes – February 28, 2023 Town of Brewster Conservation Commission 1657 Main St., Brewster, MA 02631 conservation@brewster-ma.gov (508) 896-4546 MEETING MINUTES Remote Participation Only February 28, 2023 6:00 PM Conservation Commission Michael Tobin Chairman Casey Chatelain Vice Chairperson Commissioners Bruce Evans Gary Kaser Kimberley Crocker Pearson Ron Slowek Steve McKenna Staff Chris Miller, Natural Resources Director Bill Grafton, Conservation Administrator Andreana Sideris, Assistant to Natural Resources Director and Conservation Administrator Commissioners Present: Chair Michael Tobin (MT), Vice Chair Casey Chatelain (CC), Bruce Evans (BE), Gary Kaser (GK), Kimberly Crocker Pearson (KP), Ron Slowek (RS), Steve McKenna (SM) Commissioners Absent: Staff Present: Bill Grafton (BG), Chris Miller (CM), Andreana Sideris (AS) 1. Call to Order 2. Meeting Declaration of Participation Statement 3. Public Comment/ Citizens’ Forum Michael Tobin welcomes Steve McKenna back to the Commission. 4. Discussion 4a. Meetings in person at Town Hall starting on March 14th as per Select Board. In-person Commission meetings at Town Hall will start on March 14, 2023. Remote participation will still be available, but a quorum of four Commissioners and the Chair or Vice Chair to chair the meeting must be present in person. This notice has been posted on the Commission website and will be referenced on all agendas going forward. 4b. Revised Abutter Notification Form. Clerical modifications and COVID-19 adjustments. Bill Grafton advised that the abutter notification form has been revised to reflect the move to hybrid meetings and make other needed revisions. Bruce Evans (BE) moves to approve the revised Abutter Notification to accommodate the Select Board changes to hybrid meetings and necessary clerical revisions. Kim Pearson (KP) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 4c. Eversource/Distribution tree pruning & removal on public & private roads. Exemption Ch. 172(A) – Jordan Young Arborist Jordan Young (JY) present for Eversource Distribution (ED) to discuss their plan for roadside tree pruning in several areas of Town. No tree removal or herbicide application is planned, and all activity will be strictly roadside. ED is the division of Eversource responsible for streetside maintenance, separate from the Transmission and Environmental divisions. Bill Grafton (BG) briefly shares Eversource’s protocol for tree trimming and removal, which aims to proactively maintain tree growth near power lines. Designated areas are scheduled to be trimmed every four years. This activity is exempt under Chapter 173-3(A) of the Town bylaw, but BG suggests that the Commission vote to approve it for the record. Page 2 of 10 Conservation Commission Meeting Minutes – February 28, 2023 Bruce Evans (BE) moves to approve the tree pruning and tree removal in the designated areas 4-89A- 89A, 4-89A-552, 4-89B-89B, 4-89B-577, 4-95A-597, and 4-95B-600 as depicted on the submitted 2023 Eversource Distribution Map. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 4d. 117 Landing Drive, 82-54 (48-29) Hardwick. Complaint, unpermitted cutting in buffer zone/stormwater drainpipe. Bill Grafton (BG) received a complaint about ongoing understory and tree cutting and, upon visiting the property, observed a drainpipe discharging into the 100 ft buffer and the ongoing cutting of understory shrubs and saplings in the buffer zone. BG suggests that the drainpipe be terminated into a drywell short of the 100 ft buffer line. The area may have been cut before the Hardwicks purchased the house in 2015, and BG suggests the posting of conservation markers on posts would protect against future encroachment by landscapers or future owners and ensure the area, part of which lies in NHESP habitat, revegetates. Homeowner Dorian Hardwick (DH) notes she is environmentally conscious and appreciates BG’s guidance on what makes a healthy forest. The area in question had been cleared when they purchased the property, and she mistakenly thought they were supposed to keep the area clear. Their property manager has removed invasives in the area but not cut any further trees. They are “totally on board” to install the drywell and follow any other guidance. Michael Tobin (MT) suggests that a drywell and allowing the buffer zone to revegetate would resolve the issue, and that a post or other landmark(s) at the 100 would serve as a reminder of where not to cut. BG notes that DNR staff is working to develop “no disturbance” conservation markers that can be affixed to the posts or other structures for specificity; he will work with DH on placement of the markers. Bruce Evans (BE) moves to require the posting of suitable conservation markers, as approved by the Conservation Administrator, and to redirect the drainpipe discharging into the buffer zone into a drywell outside the buffer. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 4e. 514 Run Hill Road, 33-39 (36-65) SE9-1304 and SE9-1304A Ecker. Request for Commission determination on the number of mitigation plantings & unpermitted cutting of oak tree and requirements for completion of Orders and Amended Orders. The Order of Conditions SE9-1304, issued in 2005 for the raze and rebuild of a single-family home, included a mitigation planting plan of 200-205 native plants. When a request for Certificate of Compliance (COC) was submitted in 2016, previous Conservation Administrator Braemer noted far fewer plantings had been made and issued an enforcement order requiring submission of a restoration plan, which ultimately included a reduction to 47 plants. The As-Built plan recently submitted for a new COC request depicts 19 plants in the field. At a visit to the property, Bill Grafton (BG) observed unpermitted structures in the buffer zone, including granite siding near the pond shore and a pagoda/patio structure, and that a 2 ft diameter oak tree had been removed without a permit. New owner John Ecker (JE) would like to resolve the outstanding Orders of Conditions and Amended Orders of Conditions so the property can be transferred from his late father, and is seeking guidance as to whether they should complete the 2005 or 2016 planting plan to do so. BG suggests that the 47 Page 3 of 10 Conservation Commission Meeting Minutes – February 28, 2023 plants proposed in the 2016 plan is adequate for the property, but that the Commission additionally require the planting of five (5) Eastern Red Cedars as mitigation for the removal of the oak. JE indicates they are ready to start planting in the spring once they receive the appropriate guidance. Michael Tobin (MT) suggests requiring implementation of the 2016 restoration plan depicting 47 plants plus planting of the five Eastern Red Cedars; Gary Keser (GK), Steve McKenna (SM), and Bruce Evans (BE) concur. Kim Pearson (KP) asks if the 2005 plan had been approved by a Commission vote; BG indicates it would have been, as part of the vote to issue the original Orders of Conditions (OOC). KP asks whether the original OOC can now be modified by this Commission; BG indicates this OOC has expired but the 2016 Enforcement Order remains open, and suggests this would be mechanism by which all violations can be resolved. Casey Chatelain (CC) asks if the pagoda/patio structure was on the 2016 site plan, as she may want additional mitigation if it was not. GK thinks the structure should be removed, as he favors a hard line on structures inside the 50 and additional plantings are not sufficient mitigation. BG indicates the structures are not on the plans and suggests that a draft As Built Plan showing all unpermitted structures may help the Commissioners decide on any additional mitigation. In the meantime, BG suggests that the Commission direct JE to implement the 2016 restoration planting plan plus the planting of five Eastern Red Cedars, to be completed by May 30, 2023, with annual monitoring reports until the plantings are completed in full. CC notes for the record that the Commission’s approval of the planting plan implementation does not reflect approval of the pagoda/patio or other unpermitted structures in the buffer zone. MT confirms, and notes this will be addressed before the COC is issued. BG requests that an interim As-Built Plan be submitted so the Conservation Commission can assess additional mitigation. Bruce Evans (BE) moves to approve the restoration planning plan plantings with the addition of (5) five eastern red cedars for the unpermitted removal of the large oak tree which are to be completed in the field by May 30, 2023 with submittal of an implementation planting report by June 1, 2023 and annual monitoring reports on December 1st of each year until 100% of the restoration plantings and the (5) five eastern red cedars is confirmed by the Conservation Administrator. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 4f. 33 Ocean Edge Drive 90-160-1326 (14-1-33) SE9-1945. Suzanne Early. Commission to discuss and finalize Order of Conditions. Bill Grafton (BG) reviews the draft Orders of Conditions (OOC), which is based off a prior OOC for Ocean Edge with edits to standard conditions not relevant to this project or property. He would like to work with the Commissioners on updates and revisions to the boilerplate special conditions within the Order of Conditions. Bruce Evans (BE) moves to approve the Special Conditions as discussed and direct the Conservation Administrator to issue the Order of Conditions. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. Page 4 of 10 Conservation Commission Meeting Minutes – February 28, 2023 4g. 120 Run Hill Road 35-34 (36-12-5) SE9-1944. Kenneth and Rubin. Commission to discuss and finalize Order of Conditions. Bill Grafton (BG) reviews the draft Order of Conditions, based off a similar permit for 150 Gull’s Way, noting that he paid particular attention to the project description. Michael Tobin (MT) suggests that Special Condition A15, regarding exterior lighting on structures, be retained as it concerns lighting on the dock; Conditions A18-A20, regarding time of year constraints for pruning, were removed as any such pruning would require a separate permit; BG has added Condition A40 to memorialize this, as well as Conditions A41-A42 requiring the posting of conservation markers and giving the option to make additional plantings with approval of the Conservation Administrator. Project engineer John O’Reilly (JO) notes that all agreed to three conservation markers rather than the four referenced in A41; BG revises the special condition to reference three (3) conservation markers. Bruce Evans (BE) moves to approve the Special Conditions as discussed and direct the Conservation Administrator to issue the Order of Conditions. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 4h. 2070 Route 28 149-1 (53-28) SE9-1943. Pleasant Bay Community Boating Inc. Commission to discuss and finalize Order of Conditions. Bill Grafton (BG) reviews the draft Order of Conditions, recommending that Conditions A14 with respect to footpath width, A15 with respect to roof runoff, and A17 with respect to mulch ground cover, be stricken. BG also recommends that Conditions A21 and A22, concerning planting plan monitoring, be stricken as the plantings are required by Harwich and not Brewster. Bruce Evans (BE) moves to approve the Special Conditions as discussed and direct the Conservation Administrator to issue the Order of Conditions. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 4i. 35 Captain Dunbar Road 91-38 (7-13) SE9-1942. Louise Wilson. Commission to discuss and finalize Order of Conditions. Bill Grafton (BG) reviews the draft Order of Conditions (OOC), which is based off the previous permit SE9-1818, with several conditions not applicable to this project, including a $5000 surety, erosion controls, roof runoff, and pruning of vegetation, being stricken; conditions regarding monitoring of the plantings by a consultant are also stricken as per discussion in the public hearing. Conditions A45 and A46, governing the planting of American Beach Grass, are kept, as project engineer Bob Perry (BP) indicates this will be integral to stabilization of the site. BG recommends the addition of conditions specifying that the annual beach renourishment be placed on the coastal beach below the revetment, with any such renourishment to be placed above the revetment requiring the approval of the Conservation Administrator or Commission. BP points out that renourishment above the revetment is part of the project, and BG clarifies that the initial approved renourishment includes 25 cubic yards to be placed above and 40 below. Subsequent annual renourishments will go below; BP concurs, noting they would only seek to renourish above in the case of scouring from storms. BG suggests that the condition authorizing annual beach renourishment be made in perpetuity so applicant doesn’t have to re-request it when the OOC expires. Page 5 of 10 Conservation Commission Meeting Minutes – February 28, 2023 Bruce Evans (BE) moves to approve the Special Conditions as discussed and direct the Conservation Administrator to issue the Order of Conditions. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 5. Notices of Intent, Request for Amended Order of Conditions, and Abbreviated Notice of Resource Area Delineation 5a. 0 Main Street 138-74 thru 81 (30-30-101 thru 108). Continued Public Hearing. William Marsh, Abbreviated Notice of Resource Area Delineation for Bordering Vegetated Wetland and an Isolated Vegetated Wetland. Paul Shea (PS), PWS, present for applicant, who wishes to establish a wetland delineation for the undeveloped site. PS calls out a bordering vegetated wetland (BVW) on the south side of the property and a second wetland on the north end into which a drainage pipe and two swales off Route 6A empty. There is another BVW on the other side of Vesper’s Pond Drive, flagged by a different PWS in 2018, whose buffer zone overlaps into the property. Bill Grafton (BG) walked the site with PS and states the southerly wetland is a potential vernal pool. BG recommends approving the delineation of the three wetlands but adding a note that the potential vernal pool was not assessed but will be addressed if any future work encroaches within the 100 foot habitat area. Michael Tobin (MT) asks for comments from the public; none were offered. Bruce Evans (BE) moves to approve the wetland delineation as accurate for the Bordering Vegetated Wetlands and Isolated Vegetated Wetlands (Wetlands A, B & C) and deny the wetland delineation as accurate for the Potential Vernal Pool which was not assessed. The Potential Vernal Pool will be addressed if any future work encroaches within the 100 foot buffer zone as established in the approved site plan referenced in A. General Information, Item 8. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 5b. 56 Underpass Realty Trust proposes to remodel and expand the existing veterinary hospital and parking area, install stormwater improvements and restore native vegetation within 50 and 100 feet of inland wetlands at 56 Underpass Road, 78-116 (26-6). The applicant has requested a continuation to the March 28, 2023 BCC public meeting. Bill Grafton (BG) notes that Commissioner Gary Kaser has recused and recommends that Commissioners Steve McKenna and Ron Slowek also recuse as per the Mullin Rule. Bruce Evans moves to continue the hearing to March 28, 2023. Kim Pearson (KP) second. Approved 4-0-0 by roll call: BE aye, KP aye, CC aye, MT aye. Commissioners Gary Kaser, Ron Slowek, and Steve McKenna rejoin the meeting. 5c. 19 Muskrat Lane, 103-9 (9-3) SE9-1941. Continued Public Hearing. 19 Muskrat Lane LLC, proposes an after-the-fact dune restoration plan on and within 50 and 100 feet of inland and coastal resources. Page 6 of 10 Conservation Commission Meeting Minutes – February 28, 2023 Attorney Ben Zehnder (BZ), requests that the Notice of Intent be withdrawn on behalf of applicant. Bill Grafton (BG) requests that BZ submit the request in writing; upon receipt, he will send written confirmation, copying Town Counsel and DEP. Bruce Evans (BE) moves to approve the withdrawal of SE9-1941 at 19 Muskrat Lane. Kim Pearson (KP) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 6. Request for Certificate of Compliance 6a. 0 Airline Road, SE9-1422. 4-4 (37-1-195). Rosalie Nelson, Order of Resource Area Delineation Applicant is requesting a Certificate of Compliance to accommodate a pending property sale. Bill Grafton notes that this filing only approved a wetland delineation with no actual work or disturbance. Bruce Evans (BE) moves to approve a complete Certificate of Compliance for the Order of Resource Area Delineation/SE9-1422 associated with 0 Airline Road [Map 4-Parcel 4; (former Map/Parcel 37- 1-195). Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 7. Request for Extension Order of Conditions 7a. 45 Dune Road, 79-32 (6-15). SE9-1699. Lutzker The original Order of Conditions was issued on April 8, 2016 and was extended to April 8, 2022, which benefits from 462 days of Covid-19 tolling extended provisions to July 14, 2023. Bill Grafton suggests that the Commission grant a three-year extension. Bruce Evans (BE) moves to approve an Extension Order of Conditions for SE9-1699 associated with 45 Dune Road to July 14, 2026. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 8. Show Cause 8a. Continued - 19 Muskrat Lane LLC, c/o Walter Harris, 19 Muskrat Lane 103-9 (9-3), cutting and clearing of vegetation on and within 50 feet of wetlands without a valid permit. Nick Crawford (NC), Crawford Lane Management, present for applicant to discuss the restoration plan they submitted. The plan proposes plantings of 5,500 sq ft for the 1,100 sq ft of cutting; the plantings will be comprised primarily of American Beach Grass plus an area of Bayberry and Beach Plum. NC suggests that portions of the cut area will naturally revegetate. They are also requesting authorization to perform “cut and swipe” invasives treatment in the work area. Bill Grafton (BG) supports the plan but notes that a Special Condition under the open Order of Conditions/SE9-1895 states that no herbicides are to be used within 100 ft of a resource area; BG suggests that the Commission’s ratification of this plan modifies this condition to allow the treatment, as the native plantings are unlikely to thrive in the area without it. BG also notes that Chris Miller (CM), Town Counsel (TC) and BG met with NC, Don Munroe (DM) of Costal Engineering Page 7 of 10 Conservation Commission Meeting Minutes – February 28, 2023 Company, and Attorney Ben Zehnder (BZ) and all agreed that the plan should be approved and then incorporated into SE9-1985, and that the after-the-fact Notice of Intent/SE9-1941 should then be withdrawn. Bruce Evans (BE) notes the Commission has approved cut and swipe treatments in similar areas in the past; Michael Tobin concurs and agrees the treatment is needed for the plantings to succeed. Bruce Evans (BE) moves to approve the restoration plan dated February 21, 2023 as part of SE9-1895 and dissolve the Enforcement Order upon receipt of the Withdrawal for SE9-1941. Kim Pearson (KP) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 8b. Continued - Brown, 2628 Main Street, 89-14 (15-113-2) Cutting and clearing of vegetation within 25 feet of inland wetlands as well as the placement of fill on and within 100 feet of inland wetlands. David Schlesinger (DS) and attorney Christopher Seinie (CS) present for property owner Stephan Brown (SB). Bill Grafton (BG) notes that BSC Goup’s restoration plan was received prior to the Commission’s February 27, 2023 deadline and recommends that the Commission schedule a site visit sometime before the next meeting and authorize him and Chris Miller to work with property owner’s consultants to address the issues they noted in the plan and finalize both it and the delineation. Casey Chatelain (CC) agrees it is important at this point to visit and confirm everything on the plan. BG will work to coordinate the visit, which he suggests should be Commissioners, DNR staff, and DS only. DS asks if the Commission would authorize them to hand-clear a drainage ditch that is backing up; Michael Tobin (MT) suggests that he contact Cape Cod Mosquito Control, as they have jurisdiction to do the work. BG is willing to contact CCMC for DS. Abutter Michael Jardus (MJ) thanks the Commission and Department staff for moving this matter forward, but wants to make sure applicant is aware they are not allowed to cut in the resource area in back of the property near his property line; MT confirms they are not allowed to do so without permission. Attorney T. J. Hurrie (TH), representing Mr. Jardus, encourages the Commissioners to review this area during the site visit, which he states had been clear cut by SB and is the subject of a preliminary injunction issued by the Superior Court. “Conservation can and should order full restoration of all violation areas.” MT indicates they will look at the area referenced. Bruce Evans (BE) moves to continue the show cause hearing for Brown at 2628 Main Stret to March 14, 2023. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. Bruce Evans (BE) moves to direct the Conservation Administrator to work with BSC Group and ECR to revise the existing conditions plan, the wetland delineation, and restoration plan in preparation for Commission ratification. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. Page 8 of 10 Conservation Commission Meeting Minutes – February 28, 2023 8c. Continued - Karam, 330 Main Street, 15-20 (21-30-19), construction of addition, retaining walls and patios, vegetation clearing within 50 and 100 feet of inland wetlands. Town Counsel has been in communication with David Karam, who advised he now expects the closing to occur March 16; he is seeking an interim payment from the buyers before then for the mitigation plantings and reporting. Bill Grafton suggests a continuation pending further developments. Bruce Evans (BE) moves to continue the Enforcement Order discussion associated with 330 Main Street to March 14, 2023. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 9. Request for Minor Change to Plan 9a. 0 Landing Drive 82-1 (48-79-1) RDA. Beechwood Landing Property Owners Association. Addition of a shade structure to permitted deck. John O’Reilly (JO), J.M. O’Reilly & Associates, present for the Association, which is seeking permission to add a shade structure to an existing deck on the shore of Long Pond. JO notes he has been involved in previous permitting for the property, including for the retaining wall behind the deck in 2014. The support materials for the 2014 permit included a photo of a metal seasonal shade structure; the structure was not formally permitted but the Commission at the time did not raise it as an issue. JO suggests that any runoff and erosion concerns can be addressed, possibly through a Request for Determination of Applicability or Notice of Intent. Bruce Evans (BE) suggests this request is no different from the addition of a second story to an existing structure, which the Commission frequently approves, and such projects essentially have no additional impact on runoff or impervious surface. Michael Tobin (MT) asks JO if light penetration concerns were raised at the previous meeting. JO notes that the primary issue raised was stormwater/runoff impacts; as the pond surface is mostly cobble in this area, any runoff is unlikely to cause turbidity issues. MT suggests any runoff concerns could be addressed by a gutter/drain system. Ron Slowek (RS) is okay with the request if permitted properly, as it potentially serves 100+ association members and would use the existing deck footings, but he would like to ensure (1) the structure doesn’t morph into something else through segmentation, and (2) the roof isn’t vulnerable to storm winds that could result in damage to the resource area. Gary Kaser (GK) is against permitting the structure as proposed, noting that a wooden roof would be far more vulnerable to wind damage than the previous canvas roof, which could be taken down, and is concerned about receiving requests for similar structures throughout Town if this one is permitted. JO suggests that this request is unique in that it would be a shared structure among 100+ association members, and is unlikely to be replicated throughout Town. The question of storm vulnerability will be addressed during the Building permit process. Lincoln Hooper (LH), Treasurer of the Association, notes that the Association overwhelmingly opted to seek a wooden roof as the existing canvas roof frequently had to be replaced; previous Conservation Administrator Aguilar advised them to seek a minor modification and raised no concerns. Page 9 of 10 Conservation Commission Meeting Minutes – February 28, 2023 MT polls the Commissioners as to whether they would approve the request as a Minor Change to Plan: Bruce Evans (BE) yes; Kim Pearson (KP) no, “this is not something we want to see around ponds in Brewster”; Gary Kaser no, do a canvas roof instead; Casey Chatelain (CC) Commission allows structures on structures, permitting would not result in similar requests; Steve McKenna (SM) “either way” - don’t have a problem with structure but concerned about precedent; Mike Tobin unique situation, no significant stormwater impact but prefer to see canvas roof; Ron Slowek yes, going on existing permitted structure. Chris Miller (CM) notes that the deck is on a long area of fetch for the pond, which means the structure will be subject to significant winds; most pond docks and moorings in Town are seasonal whereas this structure is proposed to be permanent. CM would also be concerned about permitting the structure through a Minor Change to Plan, which does not require an alternatives analysis. Bill Grafton (BG) suggests that precedent is less of a concern with dock projects, which are considered and permitted individually. Permitting the structure through a Notice of Intent would give the Commission greater protections, through conditioning, against segmentation; MT concurs. Bruce Evans (BE) moves to approve the rendering and construction details dated 1/30/2023 and the hand-marked limit of work dated 2/06/2023, depicting the addition of a shade structure to the approved site plan dated 2/14/2014, prepared by J.M. O’Reilly & Associates and signed and stamped by John O’Reilly, PLS, RPE, as a Minor Plan Change to the Determination of Applicability issued on April 13, 2014 associated with 0 Landing Drive. Motion seconded by Casey Chatelain (CC) but did not pass by a vote of 2-5-0 by roll call: BE aye, GK no, RS aye, KP no, SM no, CC no, MT no. 9b. 23 Dune Road, 79-30 (6-13) SE9-1922. 23 Dune Road LLC. Replace existing split rail fence with a new stockade fence. John O’Reilly (JO), J.M. O’Reilly & Associates, present for applicant. The Order of Conditions/SE9- 1922 was issued on April 29, 2022 for the construction of a pool, patio, pool house and a shed; applicant would additionally like to replace their existing split rail fence with a 6 ft stockade fence. Michael Tobin (MT) questions whether abutters would have concerns about a stockade fence; BG notes that abutter notification is not required for a Minor Change to Plan, which is a possible shortcoming to this permitting pathway. JO notes there is already a stockade fence on the other side of the walkway that passes in front of the house; they are looking to add one to the other side for greater privacy. Chris Miller (CM) notes that the fence will screen a pool area where there are reasonable privacy concerns. Kim Pearson (KP) wants to ensure the new fence is not erected on concrete footings; JO confirms none will be used, and installation will be by hand. Bruce Evans (BE) moves to approve the Sketch Plan for SE9-1922 associated with 23 Dune Road, depicting the replacement of an existing split rail fence with a 6 foot stockade fence, dated 2/27/2023, prepared by J.M. O’Reilly & Associates, and signed and stamped by John O’Reilly, PLS, RPE as a Minor Change to Plan. Casey Chatelain (CC) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. Page 10 of 10 Conservation Commission Meeting Minutes – February 28, 2023 9c. 279 Crocker Lane, 69-6 (5-201) SE9-1911. The 279 Crocker Lane R.T. unpermitted cutting in buffer zone. Revoke 2/14/23 Vote due to clerical error; Vote 2/28/23. The previous approval vote on February 14 referenced an incorrect permit number, SE9-1991 instead of the correct SE9-1911. The Commission voted to revoke the previous approval and ratify a new motion referencing the correct number/SE9-1911. Bruce Evans (BE) moves to revoke the February 14, 2023 approval vote referencing SE9-1991. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. Bruce Evans (BE) moves to approve the Sketch Plan for SE9-1911 associated with 279 Crocker Lane, depicting the replacement plantings of (3) three eastern red cedar trees and (5) five bayberry shrubs, dated 2/07/2023, prepared by J.M. O’Reilly & Associates, and signed and stamped by John O’Reilly, PLS, RPE as a Minor Change to Plan. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. 11. Report of Natural Resources Director Nothing new to report. 12. Report of the Conservation Administrator Bill Grafton has reached out to the Commissioners on interest in working groups to update special conditions and consider other procedural improvements. He is also working to generally modernize the Conservation Office. 13. Adjourn Bruce Evans (BE) moves to adjourn. Gary Kaser (GK) second. Approved 7-0-0 by roll call: BE aye, GK aye, RS aye, KP aye, SM aye, CC aye, MT aye. Meeting adjourned at 8:37 PM. Page 1 of 6 Conservation Commission Meeting Minutes – March 14, 2023 Town of Brewster Conservation Commission 1657 Main St., Brewster, MA 02631 conservation@brewster-ma.gov (508) 896-4546 MEETING MINUTES March 14, 2023 6:00 PM Conservation Commission Michael Tobin Chairman Casey Chatelain Vice Chairperson Commissioners Bruce Evans Gary Kaser Kimberley Crocker Pearson Ron Slowek Steve McKenna Staff Chris Miller, Natural Resources Director Bill Grafton, Conservation Administrator Andreana Sideris, Assistant to Natural Resources Director and Conservation Administrator Commissioners Present: Chair Michael Tobin (MT), Vice Chair Casey Chatelain (CC), Bruce Evans (BE), Gary Kaser (GK), Kimberly Crocker Pearson (KP), Ron Slowek (RS) Commissioners Absent: Steve McKenna (SM) Staff Present: Bill Grafton (BG), Chris Miller (CM), Andreana Sideris (AS) 1. Call to Order 2. Meeting Declaration of Participation Statement 3. Public Comment/ Citizens’ Forum 4. Recording Statement 5. Public Comment/ Citizen’s Forum 6. Discussion 6a. 2628 & 2624 Main Street, 89-14 (15-113-2). Brown enforcement order discussion - Attorney Senie and David Schlessinger David Schlessinger (DS) and attorney Christopher Senie (CS) present for property owner Stephan Brown (SB). CS noted that an existing conditions plan was recently submitted, and the Commissioners and staff recently walked the site. Bill Grafton (BG) is working with BSC Group and wetland scientist Brad Holmes, ECR, on a revised delineation and restoration plan. CS and DS are also working to resolve violations with other Town entities. They ultimately wish to have the property “redeveloped in the front and preserved in the back” once all issues have been resolved. Michael Tobin (MT) noted he has questions he would like to relay to Town Counsel (TC); BG suggests that the Commissioners send such questions to him, and he will forward on to TC. Kim Pearson (KP) thinks soil testing will be needed to determine where the wetlands were before the unauthorized cutting and filling, and if any hazardous substances were introduced. Gary Kaser (GK) suggests the focus be on resolving issues in the existing wetland buffers first, as the property has a long history of commercial use. Casey Chatelain (CC) agrees the Commission should first focus on establishing the current wetland lines and buffers, and listing and resolving the current violations: “Bring the property into compliance, and then think about moving forward.” Ron Slowek (RS) is pleased with the constructive dialogue with SB and his representatives, and is willing to work with them as long as the lines of communication are open. Bruce Evans (BE) wants to make sure the issues the Commissioners observed on the site are factored into the restoration plan. DS suggests that a list of issues to be addressed and an operations and maintenance plan will help them to know what they can and can’t do on the property, as well as plan for future development. Attorney T.J. Hurrie (TH), representing abutter Michael Jardus (MJ), is encouraged by the recent site visit and steps taken towards restoration and agrees with CC’s suggestion that the violations should be resolved before all else. RS moves to continue to the March 28, 2023 Commission Public Meeting to allow time for the Conservation Administrator to work with BSC Group and ECR to revise the existing conditions plan, Page 2 of 6 Conservation Commission Meeting Minutes – March 14, 2023 wetland delineation, and restoration plan in preparation for Commission ratification. BE second. Approved 6-0-0. 6b. Wing Island transfer to Con Comm and CR requirements - Commissioners Town Manager Peter Lombardi (PL) present to discuss the March 6, 2023 Town Meeting vote to transfer Wing Island to the Conservation Commission for conservation, passive recreation, and educational purposes. PL notes that the Island has been under the control of the Select Board (SB) for public bathing and recreational purposes since 1961. Town Counsel (TC) was not consulted in the drafting of the article, which was submitted by citizen petition, and has opined the property is already protected under Article 97 as land for passive recreation and the actual transfer will require state legislation. The SB is working with TC to draft this version. The SB has also discussed whether to add a Conservation Restriction (CR) to the property, which would provide additional protections but require a two-thirds vote at both the annual Town Meeting and State Legislature. PL and the SB would like feedback on whether the Commission is (1) interested in assuming care, custody, and control of the property and (2) supports adding a CR to the legislation. The terms of the CR could be finalized while the state legislation is pending, and would require approval at a future Town Meeting. PL adds that the CR could also be held by a private organization such as the Brewster Conservation Trust but they wished to give the Commission the first option at doing so. Bruce Evans (BE) asks how the Commission would make decisions on matters such as widening the path or boardwalk on the island if it were to hold the CR - “Are we going to assume that the town people don’t want it accessible?” PL notes that the property has de facto been used and managed for passive recreation since its acquisition. There are provisions in the existing CR for the marsh area through which the boardwalk passes that give the Commisisont the discretion to make changes to the boardwalk. Casey Chatelain (CC) notes she used to work with Barnstable Land Trust on CRs, and the CR in question would apply to just the island itself. If a CR is established for the island, CC supports taking the time to draft terms that will allow the entity holding the flexibility to properly manage the property. PL adds that a CR will typically list allowed and disallowed uses. Chris Miller (CM) notes that the CR for the marsh area explicitly listed the pre-existing boardwalk as an allowed use. The marsh and beach areas of the island are already covered under the existing CR and the new one, if implemented, would only apply to the upland areas. There is already a land management plan that describes the existing uses of the island that would be a reference for drafting the CR. PL adds that a CR could potentially codify Cape Cod Museum of Natural History programming as a protected use. Kim Pearson (KP) asks if a USGIS marking and capturing program would also be memorialized in the CR; PL notes this is another long-standing use that could be memorialized with the proper licensing and agreement with all parties. KP expresses concerns about the practice but Gary Kaser (GK) states bird banding is an important tool for monitoring populations, and the individuals involved receive extensive training on proper techniques. GK would also like the CR to provide protections to nesting areas on the island. CM notes that maintaining the field habitat on the island is a challenge but is something that could be memorialized as a priority. Bill Grafton will draft a letter of support to be provided to the SB. KP moves to direct the Conservation Administrator to prepare a letter responding favorably to the Town Manager’s inquiry about the transfer of the land to the care, custody and control of the Conservation Commission. Ron Slowek (RS) second. Approved 6-0-0. Page 3 of 6 Conservation Commission Meeting Minutes – March 14, 2023 6c. MassDEP Wetlands Program Policy 22-01: Diadromous Fisheries Stream Management, existing stream maintenance conservation permits and requirements MassDMF Diadromous Fisheries Project Leader Brad Chase (BC) notes he has worked with Brewster Department of Natural Resources (DNR) staff on a stream management plan to encourage fish passage and spawning upstream. Chris Miller (CM) notes these activities were permitted in the Stony Brook watershed through an RDA in 2021; he would like to work with BC to revise the plan in accordance with MassDEP Wetlands Policy 22-01, which was implemented last year. Bill Grafton (BG) suggests these updates will expedite permitting for stream management and codify how it is performed. The existing plan, and CM and BC’s efforts, have been instrumental in keeping Brewster’s fish runs healthy. CM adds that stream management for fisheries can only be effective if coordinated across the entire length of a stream, and they have utilized trained volunteers and personnel that are familiar with the plan. The plan mainly concerns removal of vegetation and sediment; more substantial work, including an upcoming reconstruction of the Stony Brook weir system, will be permitted through a forthcoming Notice of Intent. Bruce Evans (BE) moves to ratify MassDEP Policy #22-1 for stream management of Brewster fish runs with special conditions as follows: any party proposing to perform stream maintenance in Brewster Fish Runs shall 1) review MassDEP 22-01 Policy Documents, 2) perform the work in accordance with the referenced policy documents, and 3) notify the Brewster Conservation Administrator and the Brewster Director of Natural Resources two weeks in advance of performing the work. Gary Kaser (GK) second. Approved 6-0-0. 8. Notices of Intent 8a. 46 Featherbed Lane, 11-45 (38-36) SE9-1947. New Public Hearing. Crossroads/Camp Mitton proposes beach nourishment, erosion repair, and installation of a drywell within inland bank, bordering land subject to flooding, bordering vegetated wetland, and buffer zone to bordering vegetated wetland. Brad Holmes (BH), ECR, present for applicant along with project engineer Pat Brennan (PB), PGB Engineering. The proposed activity, a continuation of work initially permitted in 2015, includes installation of a drywell to address erosion issues upgradient of the buffer zone, beach nourishment along the shoreline of Slough Pond, and fill, loaming, and seeding by the edge of a pre-existing basketball court. They have received a NHESP finding of no adverse impact with special conditions, and wish to perform the work before the start of the summer season. PB briefly discusses the design of the drywell, catch basin, and overflow drain which he expects will address the erosion issues in the area. Casey Chatelain (CC) supports the project aim but would like to know what equipment will be used to perform the work. PB indicates a small excavator will be needed for the drywell system and a skid steer loader will be used for the grading. Ron Slowek (RS) asks about the run and drop in the beach area; PB indicates the run is about 60 ft and the drop about 4 ft. Bill Grafton (BG) suggests that these details be added to the general notes in the plan. PB will verify and add the figures. Chris Miller (CM) notes that the 2015 Order of Conditions was an after-the-fact filing that included a special condition from NHESP that the beach was not to be expanded, but it is difficult to elucidate Page 4 of 6 Conservation Commission Meeting Minutes – March 14, 2023 the existing and proposed conditions from the current site plan; a revised plan may be needed in order to ensure the beach is not expanded; BG notes that NHESP has imposed the same special condition for this filing and agrees these details would be helpful; BG also requests additional updates including reference to the current FEMA flood plan, flood plain buffer zone, and wetland data sheets as required under the Commission checklist. PB indicates they are not looking to expand the beach and will update the plans. BG suggests the Commission should determine whether (1) the proposed beach renourishment constitutes fill in Bordering Land Subject to Flooding that would trigger a requirement for compensatory storage and (2) whether the total fill amount, including the sand renourishment, would trigger the need for a Major Stormwater Permit under Chapter 272 under the Town bylaw. BG suggests that the sand used for the renourishment could be considered a porous material not considered to be “fill” for the purposes of the regulations, and suggests the additional activity required to create the “compensatory storage” would not be of benefit to this resource area since the vegetated buffer zone would likely be cleared to create the compensatory storage; the Commissioners concur. BG also observed a large pavilion just inside the 100 ft buffer for which he was unable to locate a permit, and suggests this should be depicted on the revised site plan. BH notes applicant received a special permit from the Planning Board for the structure, and he is looking to see if a Conservation sign-off occurred at that time. BG has no issue with the variance requested by applicant but notes they need to submit the required fee. Bruce Evans (BE) moves to close the hearing and issue Order of Conditions with Special Conditions and the submittal of a revised site plan signed and stamped by a RPE or PLS, addressing the Commission’s additional information request by 12 noon, Friday, March 24, 2023. Gary Kaser (GK) second. Approved 6-0-0. Commissioner Ron Slowek recuses from the following discussion and vote. 8b. 101 Tubman Road, 47-28 (24-37) SE9-1948. New Public Hearing. Alexa Hope proposes vegetation management activities as well as the installation of a berm, grass footpaths, hoop houses, existing stone drainage extension, and after-the-fact approval of a shed within buffer zone to bordering vegetated wetland Paul Shea (PS), Independent Environmental Consultants, and Asa Mintz (AM), AJM Site Designs, present for applicant, who proposes native plantings and invasive species treatment within a BVW buffer zone, and the addition of a berm at the wetland line, between flags A6 through A12, to keep disturbed soils out of the wetland; PS noted a shed under construction in the 50 to 100 ft buffer that he has added into the application; they are also constructing a house addition that is outside the 100 ft buffer. PS characterizes the filing as an agricultural project under the regulations and opines the plantings, primarily native flowers, will attract pollinators. They are not proposing any tree removal and are willing to work around existing native shrubs in the planting area. They would like to keep the shed in its current location. Michael Tobin (MT) asks if any irrigation is proposed? PS doesn’t believe any irrigation lines are proposed at this time and will update the site plan if any are added. MT also asks if the plantings will be in raised beds that would require constant maintenance. PS states applicant considered using raised beds initially but “the last time we talked, we were doing things on the ground.” CC expresses Page 5 of 6 Conservation Commission Meeting Minutes – March 14, 2023 concern about the potential for the plantings to “encourage constant traffic and alteration” inside the 50 ft buffer. All agree that activity in the 0 to 50 should be minimized; MT has no issue with the proposed plantings in the 50 to 100. PS suggests shifting the flowers to the 50 to 100 buffer and planting native shrubs in the 0 to 50; MT supports the concept but CC wants the shrubs to be completely left alone once planted, as they would otherwise be approving agricultural activity inside the 50 ft buffer; all agree. Bill Grafton (BG) suggests that these plantings be subject to annual monitoring, and that conservation markers be posted along the 50 ft buffer. Kim Pearson (KP) would like to see a planting list with species/genus names, as some of the proposed plantings have native/non-native forms; PS will provide. BG suggests that PS’s planting list reference the Cape Cod Cooperative Extension list and the Vascular Plants of Massachusetts, a County Checklist. All present also discuss the shed under construction, which Chris Miller (CM) notes is about 25 ft from the wetland line. BG has consulted with the Building Commissioner who advised no building permit was issued and suggested that it be moved outside the 50. Gary Kaser (GK) agrees the shed should be moved outside the 50. BG also suggests that the Commission consider requiring mitigation plantings for a verbal violation issued by previous Administrator Aguilar for unpermitted fill and tree removal. BG also notes that the site plan does not bear an RPE or PLS stamp as required by the Commission checklist; CM suggests that an existing conditions plan be added to be plan set. The matter is continued to the April 11, 2023 meeting to allow for revisions. Bruce Evans (BE) moves to continue the hearing to April 11, 2023 as per the Commission’s additional information request and submittal of a revised site plan to be signed and stamped by a RPE or PLS. Gary Kaser (GK) second. Approved 5-0-0. Commissioner Ron Slowek rejoins the meeting. 8c. 162 Underpass Road, 77-9 (26-10) SE9-1920. New Public Hearing. Paul Wallace requests amendments to approved Order of Conditions (erosion and sediment control/minor changes buffer zone to bordering vegetated wetland). The applicant has requested a continuation to the March 28, 2023 BCC public meeting. A Chapter 272 Major Stormwater application is also pending. Bruce Evans (BE) moves to continue the hearing to March 28, 2023 as per the applicant’s consultant’s written request. Gary Kaser (GK) second. Approved 6-0-0. Commissioner Gary Kaser recuses from the discussion and vote. 8d. 56 Underpass Road, 78-116 (26-6) SE9-1940. 56 Underpass Realty Trust proposes to remodel and expand the existing veterinary hospital and parking area, install stormwater improvements and restore native vegetation within 50 and 100 feet of inland wetlands. The applicant has requested a continuation to the March 28, 2023 BCC public meeting. Page 6 of 6 Conservation Commission Meeting Minutes – March 14, 2023 Bruce Evans (BE) moves to continue the hearing to March 28, 2023 as per the applicant’s consultant’s written request. Casey Chatelain (CC) second. Approved 5-0-0. 11. Show Cause 11a. Continued - Brown, 2628 Main Street, 89-14 (15-113-2) Cutting and clearing of vegetation within 25 feet of inland wetlands as well as the placement of fill on and within 100 feet of inland wetlands. The applicant has requested a continuation to the March 28, 2023 BCC public meeting. Bruce Evans (BE) moves to continue the hearing to March 28, 2023 to allow time for the Conservation Administrator to work with BSC Group and ECR to revise the existing conditions plan, the wetland delineation and restoration plan in preparation for Commission ratification. Kim Pearson (KP) second. Approved 5-0-0. Commissioner Ron Slowek rejoins the meeting. 11b. Continued - Karam, 330 Main Street, 15-20 (21=-30-19), construction of addition, retaining walls and patios, vegetation clearing within 50 and 100 feet of inland wetlands. Town Counsel (TC) has been in communication with David Karam (DK), who advised he now expects the closing to occur March 16, 2023; he is seeking an interim payment from the buyers before then for the mitigation plantings and reporting. Bill Grafton (BG) has received no new information and recommends a continuation pending further developments. Bruce Evans (BE) moves to continue the Enforcement Order discussion associated with 330 Main Street to March 28, 2023. Kim Pearson (KP) second. Approved 6-0-0. 15. Report of Natural Resources Director Chris Miller notes that herring season is approaching and the fish counter will be in place by March 2023. A Notice of Intent for renovations to the fish run is forthcoming. Outside experts are assisting, as the scope of work is extensive. The project is being funded by the Cape Cod Conservation District as well as USDS and Community Preservation Act funds. 16. Report of the Conservation Administrator Bill Grafton (BG) is in contact with the Building Commissioner and Town Planner regarding a pending Minor Plan Change or Request for Amended Order of Conditions for 178 Bonnie Doone Drive. BG recommends that all Commissioners visit the site. BG is working with Commissioners Chatelain and Pearson to update Conservation Department forms, special conditions, document requirements, and checklists. 19. Adjourn Bruce Evans (BE) moves to adjourn. Gary Kaser (GK) second. Approved 6-0-0. Meeting adjourned at 7:48 PM. Page 1 of 5 Conservation Commission Meeting Minutes – March 28, 2023 Town of Brewster Conservation Commission 1657 Main St., Brewster, MA 02631 conservation@brewster-ma.gov (508) 896-4546 MEETING MINUTES March 28, 2023 6:00 PM Conservation Commission Michael Tobin Chairman Casey Chatelain Vice Chairperson Commissioners Bruce Evans Gary Kaser Kimberley Crocker Pearson Ron Slowek Steve McKenna Staff Chris Miller, Natural Resources Director Bill Grafton, Conservation Administrator Andreana Sideris, Assistant to Natural Resources Director and Conservation Administrator Commissioners Present: Chair Michael Tobin (MT), Bruce Evans (BE), Gary Kaser (GK), Kimberly Crocker Pearson (KP), Ron Slowek (RS), Steve McKenna (SM) Commissioners Absent: Casey Chatelain (CC) Staff Present: Bill Grafton (BG), Chris Miller (CM), Andreana Sideris (AS) 1. Call to Order 2. Meeting Declaration of Participation Statement 3. Public Comment/ Citizens’ Forum 4. Recording Statement 5. Public Comment/ Citizens’ Forum 8. Notices of Intent 8a. 101 Tubman Road, 47-28 (24-37) SE9-1948. Continued Public Hearing. Alexa Hope proposes vegetation management activities as well as the installation of a berm, grass footpaths, hoop houses, existing stone drainage extension, and after-the-fact approval of a shed within buffer zone to bordering vegetated wetland. Commissioner Ron Slowek recuses from the discussion and vote. The applicant has requested a continuation to the April 11, 2023 BCC public meeting. Bruce Evans (BE) moves to continue the hearing to April 11, 2023. Gary Kaser (GK) second. Approved 5-0-0. Commissioner Ron Slowek rejoins the meeting. 8b. 162 Underpass Road, 77-9 (26-10 & 105) SE9-1920. New Public Hearing. Paul Wallace requests amendments to approved Order of Conditions (erosion and sediment control/minor changes buffer zone to bordering vegetated wetland) and 14a. Major Stormwater compliance activities SWMC2023-01. Commissioner Gary Kaser recuses from the discussion and vote. Bill Grafton (BG) notes there is also a Chapter 272 Major Stormwater Permit pending for the proposed activity, which is listed later on the agenda, and suggests that the stormwater permit be addressed first. John O’Reilly (JO), J.M. O’Reilly & Associates, present for applicant Paul Wallace (PW), who purchased the property and received the Order of Conditions (OOC)/SE9-1920 last year for grading, excavation, and other site preparation activities. At the time the OOC was issued, it was not believed the scope of land disturbance would exceed the threshold for a Major Stormwater Permit, but PW shut down work at the site voluntarily once it was clear that the threshold had been passed. JO notes there is additional buried debris that needs to be removed, and they would like Commission approval to deploy erosion/sediment control to allow excavation at the site to continue; “this will allow us to complete what we were approved to do.” The existing limit of work, 55 ft from the wetland line, will Page 2 of 5 Conservation Commission Meeting Minutes – March 28, 2023 not change. An additional Notice of Intent and Stormwater Permit, if necessary, will follow once the site is ready for further development. Ron Slowek (RS) asks about existing erosion control at the site; PW notes there is a double row of straw wattle per Commission request? RS also asks about requiring a surety bond to ensure compliance; BG suggests that the Commission could consider a $5,000 surety bond given the scope of work ultimately envisaged for the site. RS notes applicant has done a good job keeping the site under control so far. BG appreciates applicant’s detailed submission and notes (1) the project does not meet the threshold for requiring a Stormwater Pollution Prevention Plan (SWPPP) and (2) the site was residentially zoned when the OOC was originally issued, and thus no Chapter 131 Sectio 40/Chapter 172 stormwater report was filed at that time as part of the original Notice of Intent (NOI). BG also asks that JO double-check the hydro-CAD figures with respect to Stormwater Performance Standard 2, notes that Standard 4 requires removal of stockpiles inside the 100 ft buffer, and that Standard 10 requires no stockpiles inside the 100 and suggests the site be staked along the 100 ft line to ensure compliance; applicants will address. BG would also like to know when the NOI for further site development will be submitted and how its timing will relate to completion of the tasks required under the Major Stormwater permit. PW hopes to do the filing by the fall; JO adds this will include a SWPPP. BG additionally suggests that (1) the stone apron at the entrance be added to the site plan, (2) applicant provide planting information and that the plantings be selected from the Cape Cod Cooperative Extension or The Vascular Plants of Massachusetts, a County List, or approved by him directly, and (3) that the stormwater permit and long-term Operations and Maintenance Plan be recorded at the Barnstable Registry of Deeds; JO questions the feasibility of O&M recording and suggests that it be incorporated into future permitting to avoid clouding the title. Michael Tobin (MT) is okay with JO’s suggestion given the scope of additional permitting needed. RS suggests that the paperwork designate a point person to oversee compliance with all conditions; BG concurs, but JO notes that ultimate responsibility will lie with the listed applicants. PW is concerned with having to reappear if they have to subcontract out, but MT notes PW and co-applicant Charles Whitcomb are already listed as contractors. BG also notes that Chris Miller (CM) and he raised concerns about possible erosion/bank collapse along the utility easement on the south end of the property; PW indicates this will be one of the first things they address when the permit(s) are issued, probably using existing boulders on the site at the base of the slope; JO notes the exact design of this section is still pending. BG suggests authorizing temporary control of the area using on-site materials and that applicant report any use of outside materials. BG also suggests that applicant post signage referencing the stormwater permit number; this can be attached to the DEP sign. Regarding the request to amend the OOC, BG states he observed a potential vernal pool at the site visit on March 27, 2023 and suggests the posting of conservation markers on posts every 50 ft along the 50 ft setback, and that these be added to the site plan. JO and PW have no issue with posting of the markers but suggest this be a condition of the upcoming NOI; MT concurs. JO will add the locations to the next updated site plan. Page 3 of 5 Conservation Commission Meeting Minutes – March 28, 2023 BG also suggests adding riprap for erosion control near wetland flags 6A and 7A or removing a dead white pine near the area in order to protect the potential vernal pool. PW will take the tree down. Bruce Evans (BE) moves to approve a Major Stormwater Permit for 162 Underpass Road for site preparation to include Specials Conditions as follows: Before commencing the work, post the 100- foot buffer to ensure no stockpiles are located downgradient of the 100-foot buffer and provide a revised site plan by 12 noon, March 31, 2023 reflecting the Commission’s request for additional information. Kim Pearson (KP) second. Approved 5-0-0. Ron Slowek (RS) moves to approve the request for amended Orders of Conditions with the special condition that they reference the approved Major Stormwater Permit 23-01 and revised site plan due 12 noon, Friday, March 31st reflecting the Commission’s request for additional information. Kim Pearson (KP) second. Approved 5-0-0. Commissioner Gary Kaser recuses from the discussion and vote. 8c. 56 Underpass Road, 78/116 (26/6) 56 Underpass Realty Trust proposes to remodel and expand the existing veterinary hospital and parking area, install stormwater improvements and restore native vegetation within 50 and 100 feet of inland wetlands. The applicant has requested a continuation to the April 11 BCC public meeting. Bill Grafton (BG) notes that Commissioners Slowek and McKenna are eligible to vote on the continuation request, as it is a procedural matter and not administrative for the purposes of the permit. Bruce Evans (BE) moves to continue the public hearing for SE9-1940, associated with 56 Underpass Road, to April 11, 2023 as per applicant’s representative’s written request. Kim Pearson (KP) second second. Approved 5-0-0. Commissioner Gary Kaser rejoins the meeting. 10. Request for Extension Order of Conditions 10a. 218 W H Besse Cartway, 83-63 (41-198) SE9-1857 Bill Grafton (BG) recommends granting a two- or three-year extension. The original Order of Conditions required three years of annual monitoring for the planting plan; the 2020 and 2021 reports have been received, and BG will request the 2022 report. Ron Slowek (RS) moves to approve an Extension Order of Conditions to June 30, 2026. Kim Pearson (KP) second. Approved 6-0-0. 10b. 35 Captain Dunbar Road, 91-38 (7-13) SE9-1818 Bill Grafton (BG) notes that Special Condition A7 of the original Order of Conditions required a $5,000 surety whose receipt he was unable to confirm. Special Conditions A51-A53 required three years of annual monitoring reports that have also not been received. BG recommends granting a one- year extension to the OOC based on the unfulfilled special conditions. Kim Pearson (KP) moves to approve an Extension Order of Conditions to June 30, 2024. Bruce Evans (BE) second. Approved 6-0-0. Page 4 of 5 Conservation Commission Meeting Minutes – March 28, 2023 10c. 122 Governor Prence Road, 58-20 (4-2) SE9-1695 Bill Grafton (BG) notes that Special Condition A50-A52 required annual monitoring reports; these have been provided, but the last three were prepared by homeowner without professional assistance. Michael Tobin (MT) notes the Commission has allowed this in the past but has provided direction as to the level of detail required. Kim Pearson (KP) asks whether the state requires professional monitoring for coastal engineering projects. Steve McKenna (SM) states that the coir envelopes and drift fencing installed as part of the project are technically not coastal engineering structures but acknowledges there is some gray area. Applicant William King (WK) notes that the work area is only about 20 ft long and the initial report from Coastal Engineering was costly. He and his neighbor are actively maintaining the nourishment and structures, and have been providing photo documentation to this effect. BG recommends granting a three-year extension but suggests that the Commission consider providing additional specificity to the boilerplate special condition on monitoring reports. Bruce Evans (BE) moves to approve an Extension Order of Conditions to May 4, 2026. Gary Kaser (GK) second. Approved 6-0-0. 10d. 2907 Main Street, 90-160 (14-1) SE9-1805 Bill Grafton (BG) notes that detailed annual monitoring reports have been provided by wetland scientist Paul Shea (PS), Independent Environmental Consultants. BG would like to review future tree pruning by Bartlett Tree Experts, and recommends that the Commissioners visit the site. Bruce Evans (BE) moves to approve an Extension Order of Conditions to July 30, 2026. Gary Kaser (GK) second. Approved 6-0-0. 11. Show Cause Hearings 11a. Continued - Brown, 2628 Main Street, 89-14 (15-113-2) Cutting and clearing of vegetation within 25 feet of inland wetlands as well as the placement of fill on and within 100 feet of inland wetlands. Attorney Christopher Senie (CS) present for property owner Stephan Brown (SB). CS notes their consultants, including BSC Group and Brad Holmes of ECR, have been working with Bill Grafton (BG) and Chris Miller (CM) on finalizing the existing conditions and restoration plans. BG notes the existing conditions plan includes newly surveyed elevations that are more accurate than those on the Town maps. David Schlessinger (DS), also representing SB, has shown interest in additional optional plantings. BG has also been in touch with Town Counsel (TC) about pathways to eventual dissolution of the four outstanding enforcement orders on the property. TC has responded to a query from Commissioner Evans indicating SB would need to file a Notice of Intent to initiate any new commercial agricultural use on the property. Ron Slowek (RS) moves to continue the Enforcement Order discussion to April 11, 2023. Gary Kaser (GK) second. Approved 6-0-0. Page 5 of 5 Conservation Commission Meeting Minutes – March 28, 2023 11b. Continued - Karam, 330 Main Street, 15/20 (21/30-19), construction of addition, retaining walls and patios, vegetation clearing within 50 and 100 feet of inland wetlands. Bill Grafton (BG) advised that a $12,370 bank check to ensure the mitigation plantings and reporting were submitted. The check has been deposited but not cleared. BG recommends a continuation to April 11, 2023 to confirm the check has cleared. Bruce Evans (BE) moves to continue the Enforcement Order discussion for Karam at 330 Main Street to April 11, 2023. GK second. Approved 6-0-0. 13. Request for Administrative Review 13a. 72 Allerton Lane, 89-1-3733 (27-4200-100) ADM #23-04. Michael DeAngelo. Support posts for elevated deck. Michael DeAngelo (MD) present for applicant, who wishes to construct a ground-level platform over an existing concrete patio off the back patio door that would sit on four new deck footings. All work will be done by hand. The deck will extend no more than 8 ft off the back of the building but will extend 2-3 feet to the left and right of the pad. Bill Grafton (BG) notes that the work area lies in the 50 to 100 ft buffer and characterizes the 50 sq ft of additional impervious coverage as de minimis; Michael Tobin concurs. BE moves to approve the administrative review for ADM #23-04 at 72 Allerton Lane. GK second. Approved 6-0-0. 15. Report of Natural Resources Director Nothing new to report. 17. Report of the Conservation Administrator Bill Grafton (BG) recommends that all Commissioners complete the Fundamentals for Conservation Commissioners training program offered by the Massachusetts Association of Conservation Commissioners. Ron Slowek (RS), who is going through the program, noted it introduces best practices from other Commissions across the state, who are all facing the same issues. Andreana Sideris (AS) is also nearly through the program. BG is working with AS to modernize the Conservation Office, and with Commissioners Chatelain and Pearson to update Conservation Department forms, special conditions, document requirements, and checklists, including specifications for monitoring reports. 19. Adjourn Bruce Evans (BE) moves to adjourn. Gary Kaser (GK) second. Approved 6-0-0. Meeting adjourned at 6:55 PM. 1 William Grafton From:SERO_NOI@MassMail.state.ma.us Sent:Wednesday, November 8, 2023 9:58 AM To:permits@crawfordlm.com; nate.corcoran@mass.gov Cc:sero_noi@state.ma.us; William Grafton; William Grafton; William Grafton; Cassandra West; sero_noi@state.ma.us Subject:MassDEP NOI File Number COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 Date: 11/08/2023 Municipality BREWSTER RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c. 131, §40): Applicant JONATHAN P/BONNY WHITCHER Address 80 FEARING ROAD,HINGHAM MA Locus 83 DUNE ROAD , BREWSTER MA Owner Address This project has been assigned the following file # :SE 009-1960 ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION Although a file # is being issued, please note the following: Regards, for MassDEP, (508)-946-2723 Nate.Corcoran@mass.gov Order Confirmation Not an Invoice Account Number:1060861 Customer Name:Brewster Conservation Commission Customer Address: Brewster Conservation Commission 1657 Main ST Brewster MA 02631-1715 Contact Name:Bill Grafton Contact Phone:(508) 896-4546 Contact Email:wgrafton@brewster-ma.gov PO Number:Cassandra West Date:10/27/2023 Order Number:9459498 Prepayment Amount: $ 0.00 Column Count:1.0000 Line Count:1.0000 Height in Inches:0.0000 Print Product #Insertions Start - End Category NEO wickedlocal.com 1 11/03/2023 - 11/03/2023 Public Notices NEO CAP Cape Codder 1 11/03/2023 - 11/03/2023 Public Notices Order Confirmation Amount $207.06 1/2 Ad Preview 2/2 ► Quick Zooms Owner: C Enter Owner Parcel ID: l Enter Parcel ID Address: DUNE ROAD 83 Clear Results Summary Parcels for Identify - Public CAMA ID Owner 79-29 SEA PINES NEIGHBORHOOD Detail Information Zoom To CAMA ID 79-29 Key 12781 Year 2025 PropertyType R Owner SEA PINES NEIGHBORHOOE Owner 2 C/O DAVID PRINDIVILLE Mailing Street 247 FOSTER ROAD Mailing Street 2 Mailing City BREWSTER Mailing State MA Mailing Zip Code 02631 Mailing Country State Class 3830 State Class Description BEACHES Old Map Old Parcel PrimaryPCTBIdg 100.00 PrimaryPCTLand 100.00 Deed 01 -Jan -1901 00:00:00 Book NA Page NA Note Community Recreation Area Zone Description RESD. MED GIS ID M_319009_836742 HVAC Year Built Quality Style Grantor FAITH BICKFORD Grantee SEA PINES NEIGHBORHOOE Book/ Page Last NA / NA Acres 2.20 Loc No 0 450 n Q. N Co J LAND A N A E E N T October 25, 2023 Brewster Conservation Commission 1627 Main Street Brewster, MA 02631 Re: Notice of Intent Application Filing Package Proposed Vista Pruning and Mitigation Jonathan P. and Bonny Whitcher 83 Dune Road Brewster, MA 02631 Parcel ID 79-35-0 Dear Mr. Grafton and Commission Members: CALL (508)477-1346 EMAIL info@crawfordlm.com MAIL 88 Route 6A, Unit 2B 1 Sandwich, MA 02563 By Email & Hand Delivery On behalf of our clients, Jonathan and Bonny Whicher, we are submitting 13 copies of a Notice of Intent Application Filing Package, an original check for municipal filing, and 13 copies of the plan for the above referenced project. The following items are enclosed: • Brewster NOl Checklist • Site Access Authorization Form • Notice of Intent Application • NOI Wetland Fee Transmittal Form • Town of Brewster Notice of Intent Addendum • Copy of $42.50 check made payable to Commonwealth of MA - DEP for state share of DEP fee • Copy of $382.50 check made payable to Town of Brewster for town share of DEP fee and bylaw fees • Abutter Notification Letter • Certified Abutter List • Copy of USPS receipt for Abutter mailing • USGS Map, identifying locus • Crawford Land Management — Land Management Plan, dated 10/25/2023 • Crawford Land Management — Performance Standards Narrative, Dated 10/25/2023 • Crawford Land Management — Variance Justification Narrative, Dated 10/25/2023 • Crawford Land Management— Restoration Plan, dated 10/25/2023 • JM O'Reilly Existing Conditions Plan, dated 10/23/2023 Please schedule this for the November 14th, 2023 public hearing. In addition, we would like to request an on - site meeting prior to the hearing with the commission. We are available on any time on November 6 -9th from 9am-3pm. Please let us know when we could schedule this meeting. If you have any questions or require additional information, please give our office a call. Thank you. Sincerely, Jn Cr4awfor"d, PLC, ASLA Crawfbrd Land Management, President ECOLOGICAL RESTORATION [ COASTAL STABILIZATION 1 CONSERVATION PERMITTING E 0 u E 0 cc: MassDEP SERO Jonathan and Bonny Whitcher 3 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 ExT 135 FAx: (508) 896-8089 conservation@town.brewster.ma. us Notice of Intent Filing Checklist Brewster Wetlands Protection By-law OFFICE OF CONSERVATION COMMISSION Before you submit your Notice of Intent to the Conservation Commission and other applicable agencies, please complete and sign this check -list, showing that you understand and have completed all of the forms and procedures required for a Notice of Intent filing. Submit one copy of this checklist. The Conservation Commission will not open the hearing if the filing is not complete. The Conservation Commission requires thirteen (13) copies of the Notice of Intent and thirteen attached plans for each filing. Include each item of the application, with pages numbered consecutively and in the order designated on this checklist. Staple these pages together, and attach the plan or plans with a paper clip. All of the pages and plan represent one copy of the application. Components of the Application 1. Contact the Brewster Assessors' Office to provide to you a certified abutter's list and a photocopy of the appropriate section of the Town of Brewster Assessors' Map, showing the property of your project and all abutting properties required for a legal wetland filing under the Brewster Wetlands By-law. This list will provide the names of all direct abutters to the property (first abutters), all that abut the first abutters (second abutters) if they are within 300 feet of the lot lines of the property, and lot(s) directly across the street from your lot. The street is the first abutter and lots directly across, second abutters. If abutters are in another town, obtain a certified list of these abutters from the assessors' office in that town, and submit it and the appropriate assessors' map in the application also. 2. Notify all abutters on the list of your proposed project on the "Notice to Abutters" form letter, by certified, return receipt mail before or on the day of filing, and submit the Certified Mail Receipts (Form 3800) as part of the filing. Submit the US Postal Service Form 3811 at the hearing. 3. Complete and include all applicable sections of the Notice of Intent (WPA Form 3). 4. Include MA Department of Environmental Protection (DEP) State Appendix G. Field Data Form(s) for bordering vegetated wetlands and other indicators of wetland hydrology. Submit one form for each area tested; one form for the wetland area and one for upland. 5. Include a photocopy of an 8" by 10" section of the appropriate United States Geological Survey (USGS) Quadrangle Map clearly showing the location of the project. 6. If applicable, send copies of the Notice of Intent application and supporting documents by return receipt mail to the Massachusetts Natural Heritage and Endangered Species Program, the US Army Corps of Engineers, etc. Submit these certified mail receipts (Form 3800) to the Conservation Department. 7. Calculate the DEP fee on the DEP Wetland Fee Transmittal Form and include it with the application. Send the form with a check or money order for the state share, to the DEP Lock Box. Include a copy of the fee transmittal form and the check in the filing. 8. Include a clear, comprehensive narrative, describing all aspects of the project. Notice of Intent Filing Checklist 6-10-08 1 ❑ 9. Include the Brewster Wetlands Protection By-law Notice of Intent Addendum. 10. If applicable to this filing, include a variance request with alternatives analysis. 11. If applicable to this filing, include a copy of the "Appendix A MA Historical Commission" (MHC) form; the original of which shall be sent to MHC by certified, return receipt mail, and the Form 3800 to the Conservation Department with the other return receipts. At this time, the Brewster Conservation Commission requires this notification only in cases in which the lot is undisturbed by an existing structure. 12. Calculate the town filing fee on the Brewster WP By-law Transmittal Form, and add the consultant advisory fee, advertising, fee and the town portion of the state fee in the area provided. Include this with the application. (A 13. Include one check or money order for the total amount designated on the Brewster WP By-law Transmittal Form. 43 14. Include a copy of the "Notice to Abutters" form letter. 15. Include a professional site plan, scale, 1" = 20", clearly showing: • In color, the wetland line (green), fifty foot buffer zone (red) and one hundred -foot buffer zone (dark blue) delineations, • wetland flags numbered to correspond with each Field Data Form, • topography (minimum 2 foot), contour line and spot elevation, • the insignia of the applicable professional(s) who designed the plan, in compliance with the Brewster Conservation Commission Policy for Plans for Wetlands Permitting of 3/8/05. All site plans; original and revised, shall show the wetland and buffer zones in color. 16. Include elevation drawings of the proposed structure(s) on paper of 8 1/2" x 11" or 11" x 17". ❑ 17. If the lot is an undeveloped, secluded, or otherwise unidentifiable area, identify the lot on the plan by the number of the nearest telephone pole or the nearest road intersection. If there is no pole on the lot, describe the lot's proximity to the nearest; for example, "the lot is twelve feet east of telephone pole no.167". 18. Fold each plan separately, right side out with title visible, and attach it to each copy of the application. 19. Include signed Site Access Authorization Form 20. Properly stake and flag the project site to identify all required portions of the project, prior to the day of filing. • Clearly stake all boundaries and limits of work. • Clearly identify all stakes and flags in the field, showing the one hundred foot and 50 foot buffer zones and all wetland areas. • Designate each wetland type on the flag as "BVW" (bordering vegetated wetland), "TOB" (top of bank), "LSF" (land subject to flooding), etc. Conservation Commissioners and Department staff will inspect the site. Unless a holiday interferes, the filing deadline for all applications is noon on the Friday at least ten (10) business days before the hearing. The hearing must be advertised in a local newspaper (at this time, the Cape Codder Newspaper) no less than five business days before a hearing. When a holiday interferes with the Friday production, the newspaper will notify the town of its earlier submittal deadline. Notice of Intent Filing Checklist 6-10-08 2 Additional information or revised plans for continued hearings must be submitted no later than Monday at 4:00 PM, eight (8) days prior to the hearing. Submit thirteen (13) copies, paper clip documents to the folded plan with the plan title on the outside. Anyone proposing a structure within 50 feet of a wetland resource area shall contact the Brewster Zoning Agent before Cgnservation Commission will open your hearing. Envir , confirm that this application is complete n'' enta consultant/engineer/surveyor Notice of Intent Filing Checklist 6-10-08 3 4 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab return / 1 Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 83 Dune Road Brewster a. Street Address b. City/Town Latitude and Longitude: 41.771780 d. Latitude 79 35 f. Assessors Map/Plat Number 2. Applicant: Jonathan P and Bonny 02631 c. Zip Code -70.066320 e. Longitude g. Parcel /Lot Number Whitcher a. First Name b. Last Name c. Organization 80 Fearing Road d. Street Address Hingham e. City/Town f. State 646-246-2757 bonnywhitcher@gmail.com h. Phone Number MA 02043 g. Zip Code i. Fax Number j. Email Address 3. Property owner (required if different from applicant): ❑ Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State h. Phone Number i. Fax Number 4. Representative (if any): g. Zip Code j. Email address a. First Name b. Last Name Crawford Land Management c. Company 88 Route 6A #2B d. Street Address Sandwich MA e. City/Town f. State 508-477-1346 permits@crawfordlm.com h. Phone Number i. Fax Number 02563 g. Zip Code j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110 $42.50 $67.50 c. City/Town Fee Paid a. Total Fee Paid b. State Fee Paid wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 1 N, Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town A. General Information (continued) 6. General Project Description: Vista pruning and restoration work to remove and manage instances of invasive, nonnative, and aggressive vegetation 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ® Single Family Home 3. ❑ Commercial/Industrial 5. ❑ Utilities 7. ❑ Agriculture (e.g., cranberries, forestry) 2. ❑ Residential Subdivision 4. ❑ Dock/Pier 6. ❑ Coastal engineering Structure 8. ❑ Transportation 9. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑ Yes ® No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 25123 251 c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ® Buffer Zone Only — Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP:, MassDEP;File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area a. ❑ Bank b. ❑ Bordering Vegetated Wetland 1. square feet 2. square feet c. ❑ Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear feet Land Under Waterbodies and Waterways Resource Area d. ❑ Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic yards dredged Size of Proposed Alteration Proposed Replacement (if any) 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1. square feet f. ❑ Riverfront Area 2. cubic feet of flood storage lost 3. cubic feet replaced 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 4. Proposed alteration of the Riverfront Area: a. total square feet square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? 6. Was the lot where the activity is proposed created prior to August 1, 1996? 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. ❑ Yes ❑ No ❑ Yes ❑ No wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area a. ❑ Size of Proposed Alteration Proposed Replacement (if any) Designated Port Areas Indicate size under Land Under the Ocean, below b. ❑ Land Under the Ocean c. ❑ d. ❑ e. ❑ f. ❑ 9. ❑ h. ❑ i. ❑ i. ❑ Barrier Beach Coastal Beaches Coastal Dunes Coastal Banks Rocky Intertidal Shores Salt Marshes Land Under Salt Ponds Land Containing Shellfish k. ❑ Fish Runs 1. square feet 2. cubic yards dredged Indicate size under Coastal Beaches and/or Coastal Dunes below 1. square feet 2. cubic yards beach nourishment 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 1. square feet 1. square feet 2. sq ft restoration, rehab., creation 1. square feet 2. cubic yards dredged 1. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1. square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. square feet of Salt Marsh b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists — Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI EST HAB/viewer.htm. a 1=1 Yes ® No If yes, include proof of mailing or hand delivery of NOI to: 04/27/2023 b. Date of map Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30 -day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review* 1. ❑ Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 2. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ** (a) ❑ Project description (including description of impacts outside of wetland resource area & buffer zone) (b) ❑ Photographs representative of the site * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-requlatorv-review). Priority Habitat includes habitat for state -listed plants and strictly upland species not protected by the Wetlands Protection Act. ** MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont'd) (c) ❑ MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review) . Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) ❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www. mass. gov/service-details/exemptions-from-review-for-proiectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable — project is in inland resource area only b. ❑ Yes ® No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and North Shore - Hull to New Hampshire border: the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south©mass.gov Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. c. ❑ Is this an aquaculture project? d. ❑ Yes ❑ No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. El Yes .1 No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. ❑ Yes .1 No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. ❑ Yes ® No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k) -(q) and check if: 1. ❑ Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment 3. ❑ Proprietary BMPs are included in the Stormwater Management System. b. ® No. Check why the project is exempt: 1. Single-family house 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family housing project) with no discharge to Critical Areas. D. Additional Information ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent — Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. ❑ USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Numbe Document Transaction Number City/Town D. Additional Information (cont'd) 3. El Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Exisiting Condition Plan a. Plan Title JM O'Reilly b. Prepared By 10/23/23 John O'Reilly c. Signed and Stamped by 1"=20' d. Final Revision Date e. Scale Land Management Plan, Performance Standards Narrative, Variance 10/25/23 Justification Narrative, Restoration Plan g. Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. ® Attach NOI Wetland Fee Transmittal Form 9. El Attach Stormwater Report, if needed. E. Fees 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 1872 10/25/23 2. Municipal Check Number 1871 3. Check date 10/25/23 4. State Check Number 5. Check date Crawford Land Management 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc • rev. 6/18/2020 Page 8 of 9 DocuSign Envelope ID: 96BA0F6A-3745-494C-A594-F391CF11BEE9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. /—DocuSigned by: i 1. Signature of Applicant -auay/bA6Etl/tnnr3... 10/13/2023 2. Date 3. Signature of Pr erty Ow r (if di rent) 4. Date 5. Signature o Re esentative (if any) /4/25/23 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc • rev. 6/18/2020 Page 9 of 9 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key return To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Location of Project: 83 Dune Road a. Street Address c. Check number 2. Applicant Mailing Address: Jonathan P and Bonny a. First Name Brewster b. City/Town d. Fee amount Whitcher b. Last Name c. Organization 80 Fearing Road d. Mailing Address Hingham e. City/Town 646-246-2757 h. Phone Number i. Fax Number 3. Property Owner (if different): MA 02043 f. State g. Zip Code bonnywhitcher@gmail.com j. Email Address a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town h. Phone Number f. State g. Zip Code i. Fax Number j. Email Address B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity category 1 - control vegetation Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee 1 110 110 Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: State share of filing Fee: City/Town share of filling Fee: 110 a. Total Fee from Step 5 $42.50 b. 1/2 Total Fee less $12.50 $67.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E -filers of Notices of Intent may submit these electronically.) noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Brewster Conservation Commission Notice of Intent Addendum Brewster Wetlands Protection By-law Chapter 172 Within 100 feet of the following - check all applicable resource areas: Coastal Wetlands Coastal Bank U Coastal Dune FA CI Coastal Beach U Coastal Marsh ❑ Flat LI Ocean U Estuary ❑ Land Subject to Flooding or Inundation by Tidal Action ❑ Land Subject to Flooding by Coastal Storm Flowage Inland Wetlands • Inland Bank Li LI LI U U U U Meadow Marsh Bog Swamp Lake Pond River Stream Land Under Said Waters Land Subject to Flooding or Inundation by Groundwater or Surface Water Brewster Wetlands Protection By-law Notice of Intent Addendum 1 Are you proposing an activity on land within 50 feet of any resource area protected under the Town of Brewster Wetlands Protection By-law? Yes ❑ No If your answer to the above is yes, are you requesting a variance pursuant to Part 5 of the regulations promulgated pursuant to the Brewster Wetlands Protection By-law? Yes ❑ No If so, please describe on a separate sheet in complete detail using the Brewster Wetlands Protection By-law Variance Justification form, the reasons for the variance, and the facts upon which the Commission should find that there has been a clear and convincing showing that the proposed work and its natural and consequential effects will not have any adverse effect upon any of the interests specified in the By-law and listed on the variance justification form. Is the lot to be altered by the proposed work currently unaltered (without a structure), and located on the Brewster Archaeological Sensitivity Map (available for view in the Conservation Department) with respect to historic or prehistoric (archaeological) interests? ❑ Yes No If both apply, have you completed and mailed by certified mail or hand delivery the attached 950 CMR State Appendix A form from the Massachusetts Historical Commission, so that the Commission shall have received the Appendix A response prior to the filing of the Notice of Intent? ❑ Yes ❑ No Brewster Wetlands Protection By-law Notice of Intent Addendum 2 DocuSign Envelope ID: 96BA0F6A-3745-494C-A594-F391 CF11 BEES Date: TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM kot\tl 2� Project: %'b `N CW\ moo" tech— Location: 6J UC }11 4) Property Owner: :3OnGt-%ha•t\ . (bids ?:Xxvn I (we) hereby authorize the individual members of the Brewster Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch 131, s. 40) and/or the Brewster Wetlands Protection Bylaw (Chapter 172). Additionally, if an Order of Conditions is issued for the project, I (we) grant permission for Commission members and the Commission's agents to enter the above referenced property for the purpose of inspecting for compliance with the Order of Conditions. This site access authorization is valid until a Certificate of Compliance is issued by the Conservation Commission. Authorized Signature: a--- DocuSigned by: i • q 10/13/2023 Date: 4 Y1 OHOE6 / t4Hf3... Please Print Name: Bonny whitcher If other than owner, please state whether tenant, agent, or other: Mailing Address: N\,ncrarn KA CZ'Z.O Lktb Phone: GHQ - 1.,151. Email: lAy(1nk‘ .3\(1 ,hQ)t' Cell: Fax: ' • Com Revised: May 2008 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Massachusetts Wetlands Protection Act (M.G.L. C.131 S. 40) Brewster Conservation Commission Brewster Wetlands Protection By-law Chapter 172 Notice to Abutters Date: KY/ 7/ Z To: Abutters of property located at: 53 ne \Q: '. Assessors' Map 1 "I , Parcel 3 5 From: Crawford LW .,arna je -i- on ee* of , Applicant Owner of Property: LT -kWh p (?/?/J &fill ti 1#611e% In accordance with the requirements of G.L c. 131, §40, Massachusetts Wetlands Protection Act and Section 5, the Town of Brewster Wetlands Protection By-law, this is notification to you that a filing has been submitted to the Brewster Conservation Commission on behalf of the applicant for a proposed project at the above captioned location. The Project Includes the following: ?0P51' prund,ig warI , as well as mm r i'7 7fra/5 2 Jo/ i e C P 1^efo� d �Gha t 1'njm ces a- 10W5/m, 4a/7- hare, will b onpfk 9 or ayyressVe ve 1r rn& The proposed work will occur within feet of: ❑ Inland Wetlands ❑ Coastal Wetlands ❑ The project will occur within an Inland Wetland. Cl The project will occur within a Coastal Wetland. The information and plans for the project may be reviewed between 8:30 AM and 4:00 PM at the Cmservation Department, Brewster Town Offices, 2198 Main Street. A public hearing will be held Tuesday, _ %VO(Jt 1 l , 20 7, , at the Brewster Town Offices. Hearings begin at 7:00 PM. The hearing notice will be publicized in the Cape Cod Times Newspaper no less than five (5) days prior to the hearing. If you have any questions, please call the Brewster Conservation Department at 896-3701, extension 135, between the hours of 8:30 AM and 4:00 PM. Representative for Applicant Brewster Wetlands Protection By-law Notice to Abutters TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 79/35/0 t 7912910 - POSTER ROAD 79132/0', 79/33/0' 7• Location Mailing Street Mailing City 1 1ODUNE R 79/3610 DFATHERS�LANE 9/34ro 79/37/0 tiE R` R�NDFATHERSLANE (' ' 79/3810 2 GRANDFATHERS LAN' � I 79/65/0 �N661 ArtyNE ROAD I , _4 i r t Key Parcel ID 12781 79-29-0-R (6-999) Owner SEA PINES NEIGHBORHOOD ASSOCIATIOI C/O DAVID PRINDIVILLE 0 FOSTER ROAD 247 FOSTER ROAD Certified by: 7/7e52. -— Jaynes M. Gallagher, MAA Deputy Assessor 100 0 100 ft BREWSTER ST ZipCd/Country MA 02631 625 79-32-0-R LUTZKER JOSHUA & JESSICA (6-15) 45 DUNE ROAD 63 HILLSIDE ROAD BROOKLINE MA 02445 626 79-33-0-R CORBETT DAVID D TRUSTEE (6-16) CORBETT FAMILY REALTY TR 59 DUNE ROAD P 0 BOX 1256 BREWSTER MA 02631 627 79-34-0-R NEWCOMB SALLY T TRUSTEE (6-17) 67 DUNE ROAD 221 GOULD HILL ROAD CONTOOCOOK NH 03229 628 79-35-0-R WHITCHER JONATHAN P & (6-18) WHITCHER BONNY 83 DUNE ROAD 80 FEARING ROAD HINGHAM MA 02043 629 79-36-0-R CORCORAN LINDA (6-19) 635 79-37-0-R JEROME RYAN R & COURTNEY C TRUSTE' 78 GRANDFATHERS LANE 390 GOODRICH STREET LUNENBERG MA 01462 (6-28) 84 GRANDFATHERS LANE ATT: C COOK/CORCORAN JENNISON DORCHESTER MA 02125 150 MOUNT VERNON ST SUITE 500 636 79-38-0-R (6-29) GREENBERG WILLIAM &ROBERTA 72 GRANDFATHERS LANE 197 LONGWOOD AVENUE BROOKLINE MA 02446 637 79-65-0-R (6-30) LUCE ETHAN CRAIG & KATHLEEN M 92 DUNE ROAD 133 EMAUNEL DRIVE BOXBOROUGH MA 01719 638 79-66-0-R (6-31) GREGOR JEFFREY & KATHLEEN MCCANN MCCANN JAMES R & MARY JANE & 76 DUNE ROAD 76 DUNE ROAD BREWSTER MA 02631 639 79-67-0-E BREWSTER CONSERVATION TRUST 0 DUNE ROAD 36 RED TOP ROAD BREWSTER MA 02631 (6-32) TRUSTEES Additional Abutter Notifications: Sea Pines Condominium Association Go Mercantile Property Management Attn: Craig McGowan PO Box 790 Buzzards Bay, MA 02532 10/11/2023 Page 1 UNITED STATES POSTAL SERVICE. ':00X110 69 ROUTE /0 At'"oilS. eA 0250i :Y6,6 (9001275-W711 26420e4 .'2 1519 21, =r!c9 F'. s: CI ass ia!i0 i ettr,' 0(3310 ds Bay MR 025]2 ;te4W 1 0 15 O D) ,z EOtlitete0 Delivery Mato Fri 10'212023 Certified Met IN Tresbirg 4: 7022241,X2:,:12:01.`; 81 `;f,S Pell, ft Do,ei01 track:fig 4: :7990 9452 2204 11,1 total 36 5. tit et -Cast. Mai 16/ 1 tetter Brewster. MA 02091 eei7t: 0 lb 060 cz (stunted 03113947 Date 1r! 10,2742023 Certified Malle 11-'n' 1,01271:7 77 70222410.:000400e1.6.56 0, y_ y� ,rcn Receipt Tracking 0: 9593 9402 610e 30'52` `!ill %g, _. Total st-Class (!3118 I S0. ,.et ter !SA 120 Dil,Cncstvrit. 0. 0202 WW1 et ivo: 27/2023 (10 total r1 otc ben M5!le I 4646::09.3687 53 61r -el -Class Maii® 1 $0 68 ,,t car Brewste, , MA. 02631 Weight: 0 lb 0.40 oz Estimated Deliver, Date Fri 10/2772023 6,1.1,9 Certified Mal i0 Tracking 4- 70222420201111,1111111'1 �, 5°. Return Receipt Tracking 0. 9590 9402 6209 hl.(( 11:12 4$ lot& .06 50.66 rlrst-Class Mail® 1 Letter Braekli;le, MA 02449 Weight: 0 lb 0-50 oz Estlmate5 Del 112041 11ate Grr 70/27/2023 Mai 10 0337410070001001456 001 03 .. 9i9g '402 8209 3030 5812 21 9590 50.5. 0291 $6.68 F lrst-Class Ma'l6 1 Letter MA 02631 Brewster, Weight: 0 lb 0.50 oz Csti Fri a 10/27/2 eliver23 Dater 4 Certified Mall® .35 Tracking 81 70222410000001601459 F,; kng RetuTraci P4: 9590 9402 69/0 1295 ,d 308.50 Total �; 6C, First -Class F111P 1 ,_otter MA 01715 0.50 o yThe 7/2022 04.3- 10 ng #410000201681534 1,i-55 0 9402 3209 3030 Sell 5+ 58.5E $4 total first t414144$ Ma1ib 1 Letter 446 Brookline.MAO 20 e7 Weft: 0 ! Estima'ed Delivery tune Car lifted Tracking! 8: 70222410000001681524 R¢TWn Receipt Track 6113 N: 9590 9402 621,5 3036 5975 6 Total F 11 $14 lass 779TH ette: ICC 01 Brook': se, MA 02446 Weight: 0 lb 0.50 oz Estimated Delivery Ref, Fri 10/2772023 Cert ed 90170 Tro:king 4: 7022241000(0,11681527 Return Receipt 43.55 Tracking 4: 9590 9402 6205 $460: 5811 G6 Total 5'5.56 First -Class Mailti 1 99 '' letter Lo3,enburg, MA 01462 Weight: 0 lb 0.50 02 Estimated Delivery Date Fri 10/27/2023 certified Mail® a" ' Tracking 4: 70222410000001681510 .y Frl Return Receipt 3337100 4: X590 9401 »2119 'll . `;,tt . 13.4, 7c, i 02111 1 Grand Total: -_ Credit Card Remit Card Mame. VIcn Account k: %e9900XXX> 6435 Approval 8: 03569G Transaction N' 813 AID: A0000000031010 AL: VISA CREDIT PIM: Not Required CAPITAL ONE J10A. Text Ycur tracking number 10 28777 i26PS) to get 1Y:e latest status. 6tandard Mesons), and Data sates may a11li Y. 021, may also visit 009 39p* 'o 65PS Tracklitl nr call 1-800-222-1811. Pack, eo r Track l' Package° Sego 1,G for FREE Mips://informeddellvev 6.061>=- All sales final 0n stamp`-: and p10133". Roftsy.ts far vi CWW Thank vouifar tv0OO, Wbu/iness ,�li t• Tel l /0 912,01 v4,a eol'/ 10 ,1eGo to: • s iterc W100, or scan TI 10 ,o5, e lob`'o,, ,tot., le $94.13 Chip or call 1-0120 410'-'420 Tits LOCUS - 83 Dune Road, Brewster Property Tax Parcels PREPARED FOR 83 Dune Road Brewster, MA 02631 DATE October 25th, 2023 CRAWFORD LAND MANAGEMENT 88 Route 6A, Suite 2B Sandwich MA 508.477.1346 info@crawford Irn.com WWW.CRAWFORDLM.COM PROJECT INTRODUCTION & GOALS This project is located at 83 Dune Road in Brewster, Massachusetts abutting Cape Cod Bay to the north. Resource areas on the property include Coastal Beach, Coastal Dune, Coastal Bank and Flood Zone VE at elevation 15. However, the proposed project area is only located within a portion of the 50' buffer and the 100' buffer to the top of the Coastal Bank. This project proposes to create two view windows from the existing dwelling, one from the lower level and one from the upper level, as well as to complete some minor restoration activities. 2 EXISTING CONDITIONS This property is a developed single-family residence abutting Cape Cod Bay with an existing dwelling, paved driveway, patio, and associated landscape pathways and planting beds. Resource areas on the property include Coastal Beach, Coastal Dune, Coastal Bank and Flood Zone VE at elevation 15, but the proposed project area is only located within a portion of the 50' and the 100' buffer to the top of the Coastal Bank. The vegetation within the proposed project area can be characterized as a Martime Forest/Woodland according to the "Classification of Natural Communities of Massachusetts" from the Natural Heritage & Endangered Species Program, Division of Fisheries and Wildlife. The overstory is characterized by primarily pitch pine (Pinus rigida), black oak (Quercus velutina) and white oak (Quercus alba) with some instances of black cherry (Prunus serotina), while the understory has a minimal shrub layer of scrub oak (Quercus ilicifolia), bayberry (Morella pensylvanica) and black chokeberry (Aronia melanocarpa), with some instances of grasses including Pennsylvania sedge (Carex pensylvanica) and wavy hair grass (Deschampsia flexuosa). The tree species characterizing the property are generalist species found in early successional habitats and communities, and they are young specimens with only approximately 10-15 years of growth. A previous property owner had completed some illegal cutting work on the property, and an enforcement order was issued for the cutting. The current property owners completed the required restoration work for the enforcement order in order to recreate the healthy, largely native community that exists currently, and in the process lost views that had existed when they acquired the property. At this time, the current owners would like to permit an upper level and a lower level view corridor toward the adjacent Cape Cod Bay. EXISTING LOWER LEVEL VIEW EXISTING UPPER LEVEL VIEW PROPOSED PROJECT ACTIVITIES This project proposes to create an upper level and a lower level view corridor from the residence and outdoor living spaces toward Cape Cod Bay. The proposed lower level view corridor faces northwest from the lower level living spaces, particularly the rear patio and interior kitchen and living room. Several existing native trees within the proposed view corridor would be removed to achieve the proposed view corridor, most of which are juvenile black oaks, white oaks or pitch pines. The trees proposed for removal are part of a larger community, which is densely populated with other overstory trees, and the proposed view corridor would not be wide enough to restrict movement of wildlife between areas of contiguous overstory canopy. The understory within the lower level view corridor would be vegetated with a native maritime shrubland, which currently is very minimal. This shrub understory layer would help facilitate movement of wildlife through the view corridor, while enhancing a habitat that is currently lacking, thus increasing biodiversity and enhancing wildlife habitat. The proposed upper level view corridor faces north from the upper level master bedroom suite and office. The proposed upper level view corridor is separated into Zones 1, 2 and 3, and each zone is proposed to be maintained within a different height range to minimize the need for tree removal or unnecessary pruning. Zone 1 is proposed to be maintained at a range of 20-24', Zone 2 at 24-28', and Zone 3 at 28-34'. These heights are based off of the approximate elevation at eye level from the bedroom and the elevations on the ground in order to achieve an overall canopy height that preserves views toward the water while maintaining the ability of the tree to function as forage and cover for wildlife. Any trees that can reasonably be pruned so that not more than 1/3 of the tree is removed while preserving 5' of height for re -growth between prunings will be preserved and pruned as specified. Any trees that do not fit these criteria will be removed. Trees that are anticipated to be removed are indicated on the plan. The view corridor may be re -assessed after the initial work to determine if any other trees should be removed because pruning is not feasible without damaging overall tree health and longevity. Any further tree removal work will be discussed with the Agent for approval. The understory of the upper level view corridor will also be enhanced by supplementing the understory shrub content. Additionally, any dead, diseased, or broken limbs as well as any limbs overhanging the living spaces will be pruned to ensure the safety of people and property. In addition to the proposed pruning work, minor restoration work will be completed to remove and manage instances of invasive, non-native or aggressive vegetation. Vegetation for management is primarily aggressive vines, such as common greenbrier (Smilax rotundifolia) and poison ivy (Toxicodendron radicans) as well as some invasive vines like Oriental bittersweet (Celastrus orbiculatus). Lastly, an existing sand pathway with timber edges and steps is proposed to be replaced and maintained in kind to provide safe access to the water. 4 MANAGEMENT ACTIVITY TIME LINE VEGETATION MANAGEMENT WITHIN VIEW CORRIDORS - WINTER 2023 / SPRING 2024 All specimens for pruning or removal will be flagged in the field and reviewed with the Agent at the pre -construction meeting. Vegetation approved for removal is to be flush cut leaving the roots in place to maintain soil stability. Cut stems will be wiped with herbicide. • Refer to the Pruning Heights Diagram for appropriate heights. • Absolutely no topping of trees. All pruning work shall adhere to ANSI A300 Pruning Standards. • Pruning work will only be completed during dormancy (Nov -April). After pruning work is complete the vista will be reviewed with the Agent if further work is desired. • Any dead or diseased limbs and/or limbs overhanging the patio or other living spaces will be removed to protect the safety of people and property. • Physical markers are to be installed in the field to define the edges of the view corridor. The location of these physical markers will he determined with the Conservation Agent at the pre -construction meeting. INITIAL INVASIVE SPECIES MANAGEMENT - WINTER 2023 / SPRING 2024 Treat and remove all invasive, non-native species and approved vegetation using an appropriate herbicide (Glyphosate-based or Triclopyr-hased) using a cut and wipe method. Around native trees or other species to remain, complete removal work by hand. Existing root systems to be left in place to maintain soil stability. Seed any exposed soils resulting from vegetation removal with a native seed mix (refer to Restoration plan) to establish native vegetative ground cover. MAINTENANCE - 2024 - 2026 Monitor restoration area and perform maintenance cut and wipe treatments or hand weed invasive, non-native, and aggressive species that have germinated from existing seed bank, or re -sprouted from roots remaining in the soil. • Approved pruning within the view corridors will be ongoing. • Any fallen debris from storm events will be cleaned up and taken off site. Any dead or diseased limbs and/or limbs overhanging the patio or other living spaces will be removed to protect the safety of people and property. RESTORATION PLANTING - SPRING / FALL 2024 • Restoration plantings to be installed in Spring or Fall 2024, depending on availabililty. • Install a temporary, above -ground irrigation system to provide supplemental water to all plantings for 2-3 growing seasons or until plants are fully established. 5 PREPARED FOR 83 Dune Road Brewster, MA 02631 DATE October 25th, 2023 CRAWFORD LAND MANAGEMENT 88 Route 6A, Suite 2B Sandwich MA 508.477.1346 info@crawforcilm.com WWW.CRAWFORDLM.COM 6 310 CMR 10.00: The Wetlands Protection Act 10.30: Coastal Banks 10.30 When a coastal bank is determined to be significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes or barrier beaches, 310 CMR 10.30 (3) through (5) shall apply: (3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on such a coastal bank except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to the effective date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of intent filed prior to the effective date of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the following requirements are met: (a) a coastal engineering structure or a modification thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action, and (b) the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible. (c) protective planting designed to reduce erosion may be permitted. Regulation does not apply. No new bulkhead, seawall, groin or other coastal engineering structure is proposed. (4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. Regulation does not apply. The coastal bank and its associated buffer zones do not act as a sediment source. (5) The Order of Conditions and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131, § 40 shall contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131, § 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. N/A. 10.30 When a coastal bank is determined to be significant to storm damage prevention or flood control because it is a vertical buffer to storm waters, 310 CMR 10.30 (6) through (8) shall apply: (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The project will not have an adverse effect on the stability of the coastal bank. All vegetation for removal will be flush cut with the roots left in place to preserve soil stability. Bare soils resulting from vegetation removal will be seeded with a native seed mix and planted with native shrubs, grasses and forbs. Areas within 100' of the coastal bank will have more vegetative groundcovers that increase soil stability once the project is implemented. (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. 7 Regulation does not apply. No new bulkhead, seawall, groin or other coastal engineering structure is proposed. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. Regulation does not apply. The project is not located within a rare habitat site. Brewster Chapter 172: Wetland Regulations (1.01-9.15) 2.05: Coastal Banks 2.05 (3) Any activity which is allowed under a variance granted pursuant to Section 5.01 of these regulations on a coastal bank or within 100 feet of a coastal bank shall comply with the following regulations: (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank except that a coastal engineering structure may be permitted when required, to prevent storm damage to buildings constructed prior to the effective date of these regulations, or constructed pursuant to a Notice of Intent filed prior to the effective date of these regulations, including reconstructions of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met (...) Regulation does not apply. No new bulkhead, revetment, seawall, groin or other coastal engineering structure is proposed. (b) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by Section 2.05 (3) (a), shall not have an adverse effect due to wave action or the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. Regulation does not apply. The coastal bank and its associated buffer zones do not act as a sediment source. (c) The Permit and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the conservation commission under this By-law shall contain the specific condition: Section 2.05 of the Wetlands Regulation, promulgated under the Brewster Wetlands Protection By-law, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Permit.. Regulation does not apply. When a coastal bank is determined to be significant to storm damage prevention or flood control because it is a vertical buffer to storm waters, the following regulations shall apply: d) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank., The project will not have an adverse effect on the stability of the coastal bank. All vegetation for removal will be flush cut with the roots left in place to preserve soil stability. Bare soils resulting from vegetation removal will be seeded with a native seed mix and planted with native shrubs, grasses and forbs. The project will result in more areas with vegetative groundcovers in the buffer zones, which will increase soil stability once the project is implemented. 8 Regulation does not apply. No new bulkhead, seawall, groin or other coastal engineering structure is proposed. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. Regulation does not apply. The project is not located within a rare habitat site. Brewster Chapter 172: Wetland Regulations (1.01-9.15) 2.05: Coastal Banks 2.05 (3) Any activity which is allowed under a variance granted pursuant to Section 5.01 of these regulations on a coastal bank or within 100 feet of a coastal bank shall comply with the following regulations: (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank except that a coastal engineering structure may be permitted when required, to prevent storm damage to buildings constructed prior to the effective date of these regulations, or constructed pursuant to a Notice of Intent filed prior to the effective date of these regulations, including reconstructions of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met C..) Regulation does not apply. No new bulkhead, revetment, seawall, groin or other coastal engineering structure is proposed. (b) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by Section 2.05 (3) (a), shall not have an adverse effect due to wave action or the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. Regulation does not apply. The coastal bank and its associated buffer zones do not act as a sediment source. (c) The Permit and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the conservation commission under this By-law shall contain the specific condition: Section 2.05 of the Wetlands Regulation, promulgated under the Brewster Wetlands Protection By-law, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Permit. Regulation does not apply. When a coastal bank is determined to be significant to storm damage prevention or flood control because it is a vertical buffer to storm waters, the following regulations shall apply: d) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank.. The project will not have an adverse effect on the stability of the coastal bank. All vegetation for removal will be flush cut with the roots left in place to preserve soil stability. Bare soils resulting from vegetation removal will be seeded with a native seed mix and planted with native shrubs, grasses and forbs. The project will result in more areas with vegetative groundcovers in the buffer zones, which will increase soil stability once the project is implemented. 9 PREPARED FOR 83 Dune Road Brewster, MA 02631 DATE October 25th, 2023 CRAWFORD LAND MANAGEMENT 88 Route 6A. Suite 2B Sandwich MA 508.477.1346 info@crawfordlm.com W W W.CRAW FORDLM.COM 10 Brewster Chapter 172: Wetland Regulations (1.01-9.15) 5.01: Variances Alternatives Analysis 1. Description of Project This project proposes to create an upper level and a lower level view corridor from the residence and outdoor living spaces toward Cape Cod Bay. The understory within both view corridors would be supplemented with a native maritime shrubland, which is currently very minimal. This shrub understory layer would help facilitate movement of wildlife through the view corridor, while enhancing a habitat that is currently lacking, thus increasing biodiversity and enhancing wildlife habitat. In addition to the proposed pruning work, minor restoration work will be completed to remove and manage instances of invasive, non-native or aggressive vegetation. 2. Summary of Alternatives (1) No pruning work is completed. One alternative to the proposed work is to not create any view corridors on the property. When the owners first bought this property, a view corridor was present as a result of cutting work completed by the previous owner. The current owners have done their due diligence to restore the area of previous cutting, and at this time would like to restore a portion of their view to the water in a responsible, sustainable manner so that they can enjoy their property as they originally intended. As proposed, the project also involves a restoration component that would manage any invasive and aggressive vegetation that could eventually compromise the integrity of this largely healthy plant community. 3. Summary of Potential Environmental Benefits The project as proposed would supplement the understory layer by planting native maritime shrubs, grasses and forbs. The understory layer is currently minimal in density and species diversity. Restoration plantings will enhance biodiversity within the naturally vegetated buffer strip. The proposed project would also remove instances of invasive and non-native species on the coastal bank and revegetate the bank with native species of shrubs and herbaceous vegetation. Managing the minimal quantities of invasive species is concurrent with the recommended `Early Detection and Rapid Response' best management practice. 4. Summary of Potential Environmental Impacts Several native trees would be removed to create the proposed view corridors as it is not feasible to gain a vista corridor from the lower level with pruning activities alone. However, the proposed view corridors are not wide enough to restrict movement of wildlife between areas of contiguous canopy coverage, and the area within the view corridor would be supplemented with a native shrubland community to help facilitate wildlife movement. The buffer zone is already heavily wooded and trees for removal are generalist species found in early successional habitats and communities, and they are young specimens with only approximately 10-15 years of growth. Any trees proposed for pruning will be pruned using the proper techniques to ensure long-term health, and all pruning work will be overseen by a MA certified arborist. 11 44 44 42 4 2 40 40 38 38 36 36 34 3432 32 32 32 30 30 28 28 26 26 24 24 22 22 20 20 18 18 16 16 14 1412 Edge of Di r t R o a d Cobblesto n e A p r o n Existing 5 Bedroom D w e l l i n g New TOF EL 3 7 . 7 ± Flagstone P a t i o S l a t e W a l k w a y Dune Road CB FND CB FND Edge o f C l e a r i n g Top of Scarp 50' Buffer Zone 100' Buffer Zone Top of Coasta l B a n k Flood Zone VE =15.0 Na t u r a l W a l k i n g P a t h TOF EL 37 . 1 ± Existing Paved Driveway Covered Pat i o Fire Pit Stone Steps Covered Pat i o Brick Patio Electric Meter Existing Gardens Pav e r R e t a i n i n g W a l l s Gas Meter Sa n d P a t h S a n d P a t h St a i r s Utility Pole ST PC DB SA S 16 14 16 Patio Coastal Dune Top of C o a s t a l B a n k w i t h T i m b e r Ed g e s & S t e p s w i t h T i m b e r E d g e s & S t e p s EDGES OF PROPOSED LOWER LEVEL VIEW CORRIDOR TOP OF OFFICE SUBFLOOR: ELEV. 49.31' TOP OF MAIN SECOND SUBFLOOR: ELEV. 48.14' ELEV. @ EYE LEVEL: ~54' 5" B. OAK 8" W. OAK 9" W. OAK 7" W. OAK M.S. 9" CHERRY 10.5" W. OAK 8" P. PINE 8" P. PINE 5.5" P. PINE 5.5" PINE 6" P. PINE 7.5" P. PINE 10" B. OAK 8" P. PINE 10" B. OAK 8" B. OAK 9" B. OAK 10" B. OAK 10" W. OAK 6" CHERRY 7" B. OAK 5" B. OAK 8" B. OAK 7" B. OAK x 48.14 x 49.31 20" OAK DOUBLE 12" OAK 12" OAK ZONE 2 ZONE 3 EDGES OF PROPOSED UPPER LEVEL VIEW CORRIDOR (NO VIEW FROM BELOW) (3) VIBURNUM (6) BAYBERRY (3) VIBURNUM (6) CLETHRA (5) CHOKEBERRY 5" B. OAK 5" P. PINE 5" W. OAK 5" CHERRY 7" B. OAK 6.5" P. PINE DBL 6" B. OAK DBL 5.5" B. OAK DBL 5" B. OAK 5" W. OAK 9" B. OAK DBL 10" CHERRY M.S. 6.5" B. OAK 6" CHERRY M.S. 3" S. OAK (4) CLETHRA ZONE 1 (3) HAZELNUT (4) ROSES 6" P. PINE 5" P. PINE 6" P. PINE MAINTAIN EXISTING VEGETATION AT ITS CURRENT HEIGHT (MAX. 12') PRUNE ANY OVERHANGING LIMBS EXISTING CANOPY/ WOODLAND EXISTING CANOPY/ WOODLAND REPLACE EXISTING PATHWAY & PATIO IN KIND ZONE 1 MAINTAIN AT A HEIGHT OF 20'-24' ZONE 2 MAINTAIN AT A HEIGHT OF 24-'28' ZONE 3 MAINTAIN AT A HEIGHT OF 28'-34' ELEVATION @ EYE LEVEL FROM SECOND FLOOR PR O P E R T Y L I N E 50 ' F R O M T O P O F B A N K EXISTING PATIO 29 ' C O N T O U R 34 ' C O N T O U R 26 ' C O N T O U R ED G E O F N A T U R A L I Z E D A R E A SCALE: DATE: NO : DA T E : RE V I S I O N : BY : All rights reserved. The drawings, designs, and ideas embodied therein are property of CLM and shall not be copied, reproduced, or disclosed in connection with any work other than the project for which they have been prepared, in whole or part, without prior written authorization of CLM. 88 Route 6A, Suite 2B | Sandwich, MA 02563 www.crawfordlm.com | 508.477.1346 BR E W S T E R , M A 0 2 6 3 1 83 D U N E R O A D WH I T C H E R R E S I D E N C E 10/25/2023 1/16" = 1'-0" 1 of 1 RESTORATION PLAN SURVEYOR OF RECORD: J.M. O'Reilly & Associates, Inc. 1573 Main Street - Route 6A Brewster, MA 02631 508.896.6601 jmoreillyassoc.comPLANT SCHEDULE SCIENTIFIC NAME COMMON NAME QTY.SIZE WOODY SHRUBS (34) Aronia melanocarpa Chokeberry 5 #3 - #5 Clethra alnifolia Clethra 10 #3 - #5 Corylus americana Hazelnut 3 #3 - #5 Morella pensylvanica Bayberry 6 #3 - #5 Rosa carolina Carolina rose 4 #3 Viburnum dentatum Arrowwood viburnum 6 #3 - #5 SUPPLEMENTAL GRASSES & FORBS Carex pensylvanica Pennsylvania sedge 100 DP50 Deschampsia flexuosa Crinkled hair grass 100 DP50 Eurybia divaricata White wood aster 50 DP50 Solidago nemoralis Gray goldenrod 50 DP50 CLM Restoration Grass Mix: Carex brevior (Plains Oval Sedge), Danthonia spicata (Poverty Oat Grass), Schizachyrium scoparium (Little Bluestem), Sporobolus cryptandrus (Sand Dropseed) TREES FOR REMOVAL WITHIN LOWER LEVEL VIEW CORRIDOR SCIENTIFIC NAME COMMON NAME QTY.SIZE (DBH)MITIGATION SHRUBS (27) Pinus rigida Pitch pine 1 6"2:1 = 2 1 5.5"2:1 = 2 Prunus serotina Black cherry 1 < 5"1:1 = 1 1 5"1:1 = 1 1 9" (multi-stem)3:1 = 3 Quercus alba White oak 6 < 5"1:1 = 6 1 5"1:1 = 1 1 7"2:1 = 2 1 8"2:1 = 2 1 9"3:1 = 3 Quercus velutina Black oak 1 < 5"1:1 = 1 1 5"1:1 = 1 TREES FOR REMOVAL WITHIN UPPER LEVEL VIEW CORRIDOR SCIENTIFIC NAME COMMON NAME QTY.SIZE (DBH)MITIGATION SHRUBS (7) Quercus velutina Black oak 1 6.5" (multi-stem)2:1 = 2 1 8"2:1 = 2 Prunus serotina Black cherry 1 10" (double stem)3:1 = 3 RESTORATION NOTES: VEGETATION MANAGEMENT: ·All specimens for pruning or removal will be flagged in the field and reviewed with the Agent at the pre-construction meeting. ·Vegetation approved for removal is to be flush cut leaving the roots in place to maintain soil stability. ·Refer to the Pruning Heights Diagram for appropriate heights. ·Absolutely no topping of trees. All pruning work shall adhere to ANSI A300 Pruning Standards. ·Pruning work will only be completed during dormancy (Nov-April). ·Any dead or diseased limbs and/or limbs overhanging the patio or other living spaces will be removed to protect the safety of people and property. ·Physical markers are to be installed in the field to define the edges of the view corridor. The location of these physical markers will be determined with the Conservation Administrator at the pre-work site visit. INVASIVE SPECIES MANAGEMENT: ·Treat and remove invasive or non-native vegetation using an appropriate herbicide (Glyphosate-based or Triclopyr-based) using a cut and wipe method. Vegetation to be flush cut leaving the roots in place to maintain soil stability. ·Seed any exposed soils resulting from removal with the restoration grass mix to establish a native vegetative groundcover. PLANTINGS: ·Plantings to be installed after removal work has been completed. ·Plantings to be installed in the spring or fall. SUPPLEMENTAL IRRIGATION: ·Install a temporary, above-ground irrigation system to provide supplemental water to all plantings for 2-3 growing seasons or until plants are fully established. ONGOING MAINTENANCE: (ITEMS TO BE RECORDED AS ONGOING CONDITIONS WITH THE CERTIFICATE OF COMPLIANCE AS APPROVED BY THE CONSERVATION COMMISSION) ·Approved pruning within the view corridors will be ongoing. ·Refer to the Pruning Heights Diagram for appropriate heights. ·Absolutely no topping of trees. All pruning work shall adhere to ANSI A300 Pruning Standards. ·Pruning work will only be completed during dormancy (Nov-April). ·Any fallen debris from storm events will be cleaned up and taken off site. ·Any dead or diseased limbs and/or limbs overhanging the patio or other living spaces will be removed to protect the safety of people and property. ·Property will remain under active management to eradicate invasive non-native, or aggressive species through hand weeding and/or cut and wipe herbicide treatments as necessary. APPLICATOR & OVERSIGHT NOTES: ·All restoration work will be overseen by a Certified Ecological Restoration Practitioner (CERP). ·Field verification of any specimens for pruning or removal will be completed by a MA or ISA certified arborist. ·All pruning work will be overseen by a MA certified arborist. ·Herbicide application will only be completed by Massachusetts state-licensed and insured pesticide applicators knowledgeable with invasive, non-native, and native plant identification, both in-leaf and bare-twig. ANNUAL MONITORING REPORTS: Submit annual monitoring reports each year for three years to the Conservation Commission. Annual monitoring reports will include: 1.Representative project area photographs. 2.Project activities completed to-date. 3.Anticipated activities to be completed during the next year. 4.Assessment of invasive species management progress. 5.Assessment of vista establishment and plant responses to management techniques. 6.Assessment of restoration planting establishment. 7.Recommendations for any changes in land management techniques necessary to ensure the success of the project and maintenance of vistas. 8.Any unexpected or arbitrary changes to the project area. N 16 8 0 16 48 SECTION THROUGH UPPER LEVEL VIEW CORRIDOR 1" = 10'-0" EXISTING SURVEYED TREE TO REMAIN TREE FOR REMOVAL & REPLACEMENT WITH NATIVE SHRUBS APPROXIMATE EXISTING CANOPY NOTE: ONLY THE LOCATIONS OF TREES WITH A DIAMETER AT BREAST HEIGHT GREATER THAN 5" ARE SHOWN ON THE PLAN; ALL OTHERS ARE ACCOUNTED FOR IN THE ABOVE INVENTORY. Draft date November 9, 2023 Brewster Conservation Commission Stipulated Consolidated Order 2628 Main Street Brewster, MA Assessors Map 89-14 0 Main Street Assessors Map 89-2-0 WHEREAS: This Stipulated Consolidated Order (“Consolidated Order” and/or this “Agreement”) concerns two abutting parcels of land in the Town of Brewster owned by Stephen B. Brown, Trustee of the Brown Realty Trust (“Property Owner”), and WHEREAS: Stephen Brown is the sole trustee of the Brown Realty Trust as stated on a Trustee’s Certificate recorded at the Barnstable Registry of Deeds (“Registry”) in Book 23445, Pg. 348, and WHEREAS: The first parcel has a street address of 2628 Main Street and is identified as Assessors Map No. 89, Parcel 14, and WHEREAS: The second parcel has a street address of 0 Main Street and is identified as Assessors Map No. 89, Parcel 2-0, and WHEREAS: These two parcels are herein referred to as the “Subject Property”, and WHEREAS: There is a history of Brewster Conservation Commission (“Commission”) enforcement orders which remain open and outstanding (not yet resolved to the satisfaction of the Commission) through which the Commission asserts that a series of violations of the Massachusetts Wetlands Protection Act, M.G.L. c. 131, Section 40 (the “Act”), and the Town of Brewster Wetlands Protection By-Law, Town Code Chapter 172 (the “Town By-law”) exist on one or both of the parcels, and WHEREAS: These orders were issued on March 29, 1985; June 13, 1994; April 29, 2021, and January 12, 2022, and WHEREAS: The Town of Brewster, by and through the Commission, initiated a civil action in 2021 which remains pending in the Barnstable Superior Court in which the Commissions seeks a court order requiring compliance with the April 29, 2021 enforcement order, which has a docket number of 2172CV00452 (the “Litigation”), and WHEREAS: The Property Owner and the Commission have worked together over the past year to create a number of plans (mentioned below) prepared by the Property Owner’s engineering firm BSC Group (“BSC”) of 349 Main Street – Route 28, West Yarmouth, MA, and WHEREAS: The Commission, working with its professional staff, and the Property Owner, working with BSC, have come to agree on a program of remediation and restoration work 2 (“Restoration Work”), as shown a plan called Restoration Work Plan (“Restoration Work Plan”), to be undertaken at the Subject Property by the Property Owner and, to the extent the work is not completed before title to the Subject Property is transferred to a new owner, by any successors in interest to the Property Owner, and WHEREAS: The Commission and the Property Owner wish to stipulate to a set of terms that will govern resolution of all historical enforcement orders and have agreed to this Consolidated Order. NOW THEREFORE: The Commission and the Property Owner, for themselves, their heirs, successors and permitted assigns, for valuable consideration, the delivery and sufficiency of which is hereby confirmed, hereby agree as follows: 1.The plan set (“Consolidated Order Plan Set”) referenced in this Agreement includes: a.Existing Conditions Plan, which includes a delineation of resource areas (“Existing Conditions Plan”) [insert identifying information for final plan] i.Approved by Conservation Commission on _____ b.Restoration Work Plan (“Restoration Work Plan”) [insert identifying information for final plan] i.Approved by Conservation Commission on ____ c.Existing Culvert Temporary Improvement Plan (“Culvert Temporary Improvement Plan”) [insert identifying information for final plan] [Note: plan will be enhanced with language on guidance for maintaining culvert and surrounds until culvert is replaced] i.Approved by Conservation Commission on ______ d.Culvert Replacement Plan (“Culvert Replacement Plan”) i.Approved by Conservation Commission on ______ 2.The above plan set, except for the Culvert Replacement Plan which does not exist as of the date of the execution of this Agreement, is hereby confirmed and accepted by the Commission. 3.In addition to the above-listed plans, the Property Owner is considering filing an 81X perimeter plan to consolidate the two lots into a single lot and will advise the Commission if it elects to do so and provide the Commission with a copy. 4.The Property Owner and/or his successors and assigns will complete the following Restoration Work as shown on the Consolidated Order Plan Set within the time frames indicated with corresponding progressive releases/dissolution of the historical enforcement orders set forth with each phase of work. A.Phase I The following work has been completed as of the date of the execution of this Agreement: i.Full set of plans developed and approved by the commission (except the Culvert Replacement Plan); 3 ii.Demonstration of good faith and commitment to the resolution of all enforcement orders as expressed in this Agreement; and iii.Execution of this Agreement The parties agree that, as of the completion of this Phase I, the March 29, 1985 enforcement order is released and the Commission shall execute and deliver to the Property Owner sufficient documentation that such order has been lawfully released. In addition, because further phases of work outlined below will take some time to complete and it is not possible to put the Litigation on hold for such a time period, the parties agree that the Litigation is settled by the execution of this Consolidated Order. However, such settlement and termination of the Litigation is without prejudice and the Commission may bring a new action if any of the obligations of the Property Owner under this Agreement are not met. B.Phase II The following work is to be completed by (date TBD by Commission) i.Debris removal as shown and noted on the Restoration Work Plan; ii.Complete restoration plantings as called for on the Restoration Work Plan; iii.The work called for in the Culvert Temporary Improvement Plan; iv.Miscellaneous physical property betterments, which are minor improvements at various locations at the Subject Property (“Betterments”) as noted on the Restoration Work Plan; v.A draft farm plan covering those portions of the Subject Property to be used for agricultural purposes will be submitted to the Commission; and vi.Engineering and design of the Culvert Replacement Plan shall be commenced. The parties agree that, as of the completion of this Phase II, the June 13, 1994 enforcement order is released and the Commission shall execute and deliver to the Property Owner sufficient documentation to lawfully release the Order. C.Phase III The following work is to be completed by (date TBD by Commission) i.Footbridge replacement, as indicated on the Restoration Work Plan; ii.Complete year 1 of annual plant monitoring and reporting for 3-5 years; iii.Submission to the Commission of a final approved farm plan; and iv.Culvert Replacement Plan shall be finalized and submitted for review and approval by the Commission. The parties agree that, as of the completion of this Phase III, the April 29, 2021 enforcement order is released and the Commission shall execute and deliver to the Property Owner sufficient documentation to lawfully release the Order. D.Phase IV The following work is to be completed by (date TBD by Commission) i.Continuation of annual plant monitoring and reporting. 4 ii.Culvert replacement pursuant to the Culvert Replacement Plan shall be completed. The parties agree that, as of the completion of this Phase IV, the January 12, 2022 enforcement order and this Stipulation shall be released by the Commission. Because this Consolidated Order is being recorded, the release hereof will also be recorded at the Registry. 5.As part consideration for this Agreement, the Commission acknowledges that applications for conservation permit(s) may be filed for potential development and improvements north of (upgradient of) a line that appears on the Existing Conditions Plan identified as the “50 Foot Buffer to Edge of BVW”, meaning the northernmost 50 foot buffer line on the plan. It is understood by the parties that the funds to accomplish the work covered in this Agreement is dependent on the ability to productively use and develop land areas north of this line. 6.To insure against any future violations of the Act and Town By-law at the Subject Property, any work (as that term is defined in the Act, hereinafter “Work”) south of the Potential Development Area Line other than work contemplated in this Agreement, shall require an appropriate application for a conservation permit. 7.The parties agree that they shall use good faith and deal fairly with one another on the fulfillment of all obligations set forth in this Agreement. 8.This Consolidated Order shall be recorded at the Registry and shall be binding on the heirs, successors and assigns of the parties. 9.This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. 10.The parties agree to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts. 11.This Agreement may be executed in several counterparts, each of which is an original, but all of which shall constitute one instrument. 12.If any part, term or provision of this Agreement conflicts with any historical enforcement order or other prior Conservation Commission action or decision on the Subject Property the terms of this Agreement shall control. 13.If the terms of this Agreement conflict with any law of a federal, state, or local government having jurisdiction over the Act, the By-law or the subject matter of this Agreement, the validity of the remaining portions or provisions shall not be affected thereby. 5 Signatures pages follow. Executed this ____ day of _____2023 Property Owner Stephen B. Brown, Trustee, Brown Realty Trust ______________________________________ Corey B. Brown, Trustee, Brown Realty Trust ______________________________________ Town of Brewster Conservation Commission by: Signature Mike Tobin, Chair Printed Name Signature Casey Chatelain, Vice Chair Printed Name Signature Bruce Evans Printed Name Signature Gary Kaser Printed Name Signature Kimberley Crocker Pearson Printed Name Signature Ron Slowek Printed Name Signature Steve McKenna Printed Name 1 | P a g e Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors October 13, 2023 Brewster Conservation Commission 1657 Main Street Brewster, MA 02631 Attn: Bill Grafton, Conservation Administrator RE: Great Cape Coop, Inc. Site Inspection Report, 2624 Main Street, Brewster, BSC Job#50773.01 Dear Mr. Grafton and Brewster Conservation Commission Members, In accordance with your request, BSC has conducted a site inspection with the Conservation Administrator at 2624 Main Street to review the following: • Conduct test pits to look for potential areas of fill. • Review wetland resource area delineations. • Review invasive species management areas as well as restoration areas. • Wetland and stream crossings. • Perennial vs intermittent determination. • Prepare a planting pallet for restoration areas. Test Pits: BSC conducted six (6) soil test pits with Mr. Grafton to determine if areas had been filled, plowed, and to locate areas of fill within the buffer zone to a Boarder Vegetated Wetland (BVW) and areas of fill within the wetland resource area. BSC conducted the soil test pits as directed by the Conservation Agent and located each test pit on the attached site plan (identified as BG-1, BG-2, etc.). BSC and the Agent attempted to locate fill by reviewing clear soil horizons (indicating no soil disturbance) vs. a non- traditional soil color with a soil that has been mixed and then locating the true “A” horizon signifying the top of the original soil profile. Soils start out darkest at the top and get lighter in color as you excavate down. Each lighter layer is considered a new horizon. When you find a lighter soil layer followed by a dark layer below, that indicates an area of fill, documented as Ab horizon where the “b” stands for buried. In addition, other visual cues were used, mostly buried debris being pulled out of the hole. BSC did locate one test pit that showed a plowed/tilled upper soil horizon noted as an Ap layer, where the “p” stands for plowed. An Ap horizon is documented by showing a mix of soil colors as the top few layers are turned into each other with clearly delineated soil horizons below and no Ab or buried A horizon. The following photographs and test pit information are from the site inspection on 7/31/2023 2 | P a g e BG-1: This test pit did not appear to be comprised of fill. We did find a mixed layer at the top indicating the area was probably tilled/plowed at some point. This is referred to as an “Ap” layer or plowed layer. Below the apparent plow layer, we found a clean break in the soil profile. We did not find any debris in this test pit. BG-2: This test pit was closer to the wetland resource area. In this pit we did not find any tilled layer, nor did we find fill or debris in this hole. The soil consistency and clear delineation of profiles showed that this soil appeared to be in a natural state. BG-3: This test pit was located within the wetland and within the existing trail adjacent to the existing culvert crossing (within restoration Area #2). BSC identified 3-4 inches of fill before reaching the true “Ab” layer of soil, where the “b” stands for buried. Within the filled layer we also found debris (pavement). Unfortunately, BSC’s photographic images were not usable for BG-3. 3 | P a g e BG-4: This test pit was located within the wetland and within the existing trail adjacent to the existing culvert crossing (within restoration Area #2). BSC identified 3-4 inches of fill before reaching the true “Ab” layer of soil. Within the filled layer we also found debris (pavement and glass) as noted in the photographs. BG-5: This test pit was located in the upland near BVW flag WF-B20. The test pit was completed off the existing path between the path and the wetland resource area. BSC documented 36-40” of fill above the “Ab” layer in this area. This fill contained some debris and the “A” layer appeared lighter in color than the native soils. It was determined that this test pit was not located within the wetland resource area and was not filled wetlands. But this fill would be a buffer zone violation depending on the date the fill was brought in. 4 | P a g e BG-6: This test pit was located in the upland area near BVW flag WF-C13/C14. The test pit was completed off the existing path between the path and the wetland resource area. BSC documented approximately 36-40” of fill above the “Ab” layer in this area. This fill contained some debris and the “A” layer appeared lighter in color than the native soils. It was determined that this test pit was not located within the wetland resource area and was not filled wetlands. But this fill could be a buffer zone violation depending on the date the fill was brought in. Wetland Resource Area Delineations: During the site walk BSC and the Conservation Agent did review several areas of concern regarding wetland flag locations. The following flags were relocated and have been identified on the revised site plans. • WF-B18 was moved on the plan only as the field flagging was accurate but the location on the plan was off about 7 feet south. • WF-B22 has been moved approximately 15 feet southeast and re-labeled as WF-B22-R • WF-B23 has been moved approximately 10 feet southeast and re-labeled as WF-B23-R • WF-B24 has been moved approximately 6 feet southeast and re-labeled as WF-B24-R • WF-C4 has been moved approximately 5 feet east and re-labeled as WF-C4-R Invasive and Opportunistic Species Management and Restoration Areas: All restoration areas include invasive and opportunistic species management. Invasive and opportunistic species management shall be completed using hand tools only. Both powered and non-powered hand tools are also allowed. No wheeled machinery is allowed to enter the restoration areas. No herbicide use is being proposed at this time. BSC is working with ECR, L.L.C. to obtain a revised Planting Plan for each area to document native plant species to be planted. This will be submitted as a follow up to this report. Because the prior restoration area #5 is filling in with native plants some of this restoration area has been added to other degraded areas around the site at the request of the Conservation Agent. Restoration areas should be monitored annually with reports for 3-5 years to ensure plan success. 5 | P a g e Area #1: This restoration area consists of the existing walking trail. The trail and access through this area will be removed and this area will be restored with mitigation plants. This trail connects to restoration Area #2 via the culvert/crossing to be removed. Once the culvert is removed this area is to be planted with native plants per the planting plan. Area #2: This restoration area consists of a partially filled wetland (3-4” to be removed within the walking trail) and buffer zone area directly abutting the stream. The culvert between Area #1 and #2 will be removed. Disturbed sections of Area #2 to be planted with native plants per the planting plan. Area #3: This area has been designated as an existing fruit/orchard grove to remain. This is also the area where BSC found plowed soils. This area will be maintained for invasive species (hand removal and power hand tools only) and management of the orchard. Conservation markers will be installed along the limit of orchard to prevent access across the wetland area and stream. Area #4: This area currently contains some chairs in a little sitting area. However, the sitting area is located within the wetland resource area. The sitting area is to be removed along with the walking trail through the wetland. This area will be identified using conservation markers in the field. This area planted with native plans per the Planting Plan. Area #5: This is the original restoration area included in the ECR planting plan. This area was reduced in size overall to allow the native vegetation growing back to continue to grow and fill in the area. The section that requires restoration is the area containing fill that requires removal. Because the fill area will be disturbed when removed, that portion remains a restoration area, to be planted per the Planting Plan. Area #5 and adjacent Area #8 will be further protected by the installation of Conservation markers. Area #6: This area does not require restoration planting but has been included to document invasive and opportunistic species vegetative management needs. This area will be maintained for invasive and nuisance species (hand and powered hand tools only). Area #7: This area will be delineated in the field using conservation markers. No work will be allowed within this area, other than invasive and opportunistic plant species vegetation management, by hand only. At least 7 days advance notice required to Conservation Administrator and property owner or representative of 105 Taylor Lane (Map 78 Parcel 9). Area #8: Debris will be removed from this area as needed. Much of this area has grown back naturally with native vegetation. This area will be allowed to grow naturally. Any exposed areas void of vegetation will be planted with native species. Conservation markers will be installed around this area to prevent future encroachments. Wetland and Stream Crossings: The existing project site has several different wetland/stream crossings around the site. Most of these are trails for walking paths except for 2 larger crossings allowing vehicular passage. BSC has numbered each culvert on the plans for reference. Culvert #1: The largest crossing is the stream crossing allowing access to the back ½ of the property near WF-B29. BSC’s engineers will review that crossing to ensure that it meets crossing requirements. This culvert and stream channel has been maintained by the Cape Cod Mosquito Control to maintain flow. This includes removal of debris within the culvert and the channel. This engineering design and culvert replacement of culvert #1 will be completed as per the stipulated consolidated order. Culvert #2: This culvert was installed for a small walking path crossing the stream near wetland flags #WF 6 | P a g e 24 and WF 25. This culvert is to be removed and the area including trail will be restored. Culvert #3: This culvert falls near vegetative management area #6 and will be removed and replaced with a bridge. The bridge will allow pedestrians to walk on the existing trail system. The bridge will be 6 feet wide. This will reduce the potential for the culvert getting blocked and restricting flow. Culvert #4: This culvert is located near wetland flag IB 701 and will be removed. Culvert #5: This culvert is second largest crossing is near WF-IB700. This crossing has been historically used for larger equipment to have access to the back of the property. This crossing will remain for access to usable upland at the back of the property along with access to the Cape Cod Rail Trail. Perennial vs Intermittent Stream Determination: From MassDEP 10.00: Appendix: “Preface to Revisions to the Massachusetts Wetlands Regulations to Definition of “Extended Drought and Distinguishing “Perennial Rivers” from “Intermittent Streams”, 2002 Regulatory Revisions” “3. Direct Observations of No Flow. Even though watershed size and geology are the most important characteristics for determining stream status, the methods outlined above are still “predictive” and may be overcome by direct observation (emphasis added). As a fail-safe mechanism, any stream must be classified as intermittent if it is observed not flowing for four days in a consecutive 12-month period, unless the observation occurs during a period of extended drought, or the stream is significantly affected by withdrawals, impoundments, or other man-made flow reductions or diversions. In such cases, the observations become less probative in determining the stream’s classification and the stream should be classified based upon its status under the regulations absent the observation.” BSC utilized the observation method at 2 points along the stream to ensure that no flow was noted entering and/or leaving the property on either end of the stream (points shown on plans as 1 and 2). Observations were taken on 8/2/23, 8/3/23, 8/4/23 and 8/7/23 (see attached photo page). In addition to the four days of observations, BSC noted that the stream was dry while onsite with the Agent on 7/31/23. This additional observation makes five days of no flow conditions while not in a drought condition. This stream is not significantly affected by withdrawals, impoundments, or other man-made flow reductions or diversions. Looking at USGS the stream starts on the site near observation point #1, as such, there are no upstream restrictions possible. Considering all the information presented, BSC has concluded that the stream is intermittent. Sincerely, BSC Group, Inc. Matthew Creighton, PWS Manger of Ecological Services – W. Yarmouth Senior Associate 0 and 2624 Main Street, Brewster Ditch #1 at Southwest Side of Property 8/2/2023 AUGUST 2, 2023-Beanpole #1 AUGUST 2, 2023-Beanpole #1 different view Photo Page 1 0 and 2624 Main Street, Brewster Ditch #2/Concrete Culvert in Middle of Property 8/2/2023 AUGUST 2, 2023-Beanpole #2 AUGUST 2, 2023-Beanpole #2 different view Photo Page 2 0 and 2624 Main Street, Brewster Ditch #1 at Southwest Side of Property 8/3/2023 AUGUST 3, 2023- Beanpole #1 AUGUST 3, 2023- Beanpole #1 different view Photo Page 3 0 and 2624 Main Street, Brewster Ditch #2/Concrete Culvert in Middle of Property 8/3/2023 AUGUST 3, 2023-Beanpole #2 AUGUST 3, 2023-Beanpole #2 different view Photo Page 4 0 and 2624 Main Street, Brewster Ditch #1 at Southwest Side of Property 8/4/2023 AUGUST 4, 2023-Beanpole #1 AUGUST 4, 2023- Beanpole #1 different view Photo Page 5 0 and 2624 Main Street, Brewster Ditch #2/Concrete Culvert in Middle of Property 8/4/2023 AUGUST 4, 2023-Beanpole #2 AUGUST 4, 2023-Beanpole #2 different view Photo Page 6 0 and 2624 Main Street, Brewster Ditch #1 at Southwest Side of Property 8/7/2023 AUGUST 7, 2023-Beanpole #1 AUGUST 7, 2023- Beanpole #1 different view Photo Page 7 0 and 2624 Main Street, Brewster Ditch #2/Concrete Culvert in Middle of Property 8/7/2023 AUGUST 7, 2023-Beanpole #2 AUGUST 7, 2023- Beanpole #2 different view Photo Page 8 40 ' W I D E TH A D E L L I S R O A D 50' WIDE MAIN STREET -- ROUTE 6A 82.5' WIDECAPE COD R A I L T R A I L 30' WIDE PRIVATE W A Y 40 ' W I D E TH A D E L L I S R O A D 30' WIDEPRIVATE W A Y OHW OHW OHW OHW 349 Main Street - Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 IN PLAN OF LAND 2628 MAIN STREET BREWSTER MASSACHUSETTS (BARNSTABLE COUNTY) EXISTING CONDITIONS PLAN FEBRUARY 27, 2023 349 Main Street - Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 IN EXISTING CULVERT TEMPORARY 2628 MAIN STREET BREWSTER MASSACHUSETTS (BARNSTABLE COUNTY) OCTOBER 16, 2023 IMPROVEMENT PLAN 40 ' W I D E TH A D E L L I S R O A D 50' WIDE MAIN STREET -- ROUTE 6A 82.5' WIDECAPE COD R A I L T R A I L 30' WIDE PRIVATE W A Y 40 ' W I D E TH A D E L L I S R O A D 30' WIDEPRIVATE W A Y OHW OHW OHW OHW 349 Main Street - Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 IN PLAN OF LAND 2628 MAIN STREET BREWSTER MASSACHUSETTS (BARNSTABLE COUNTY) RESTORATION WORK PLAN FEBRUARY 27, 2023 82.5' WIDECAPE COD R A I L T R A I L 349 Main Street - Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 IN PLAN OF LAND 2628 MAIN STREET BREWSTER MASSACHUSETTS (BARNSTABLE COUNTY) RESTORATION WORK PLAN FEBRUARY 27, 2023 349 Main Street - Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 IN PLAN OF LAND 2628 MAIN STREET BREWSTER MASSACHUSETTS (BARNSTABLE COUNTY) RESTORATION WORK PLAN FEBRUARY 27, 2023 PRIVATE W A Y TH A D E L L I S R O A D 349 Main Street - Route 28 West Yarmouth, Massachusetts 02673 508 778 8919 IN PLAN OF LAND 2628 MAIN STREET BREWSTER MASSACHUSETTS (BARNSTABLE COUNTY) RESTORATION WORK PLAN FEBRUARY 27, 2023 1l 3 o- ^ -a 7 o^ - o:+- i o" vd D O € Po t " t ^ JC Pu c d " oJ e 3 A Fl n d La y e r s Ab o u t D j) D! 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WWW.TOWN.BREWSTER.MA.US THIS FORM IS VALID FOR 6 MONTHS FROM DATE RATIFIED ADOPTED: 5/19/2008 OFFICE OF CONSERVATION COMMISSION Owner/Applicant Name: ________________________________________ Date: __________ Project Location: __________________________________________ Map_____Parcel_____ Mailing Address: _____________________________________________________________ Phone: _________________________ Email / Fax: _________________________________ Contractor/Representative: _______________________________ Phone: _______________ Other Contact Information (if necessary): __________________________________________ PROJECT DESCRIPTION: (Attach additional pages if necessary. Include photos and a site plan if available.) _____________________________________________________________ ___________________________________________________________________________ TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 conservation@brewster-ma.gov ADMINISTRATIVE REVIEW FORM DESCRIPTION OF RESOURCE AREA AFFECTED: (Coastal Bank, Land Subject to Flooding, Salt Marsh, Beach, Dune, Vegetated Wetland, Inland Bank, Lake, Pond, River, Stream, Bog, Swamp, etc.) ___________________________________________________________________________ 1. Site Access Authorization form is included? Y / N 2. Will the proposed work take place within 50 feet of any resource area? Y / N 3. Is excavation by machinery required? Y / N 4. Will there be disturbance to the ground? Y / N 5. Is removal of vegetation proposed? Y / N 6. Is regrading proposed? (Addition or removal of soil?) Y / N 7. Is tree removal proposed? Y / N • If so, how many? ____ 8. Is pruning of trees proposed? - If so, please supply photo Y / N 9. Is planting proposed? - If so, please supply a plan including species Y / N 10. Is removal of poison ivy or other nuisance or invasive species proposed? Y / N • If so, please explain on an additional sheet 11. Is the use of herbicides proposed? Y / N For office use only: Site Inspection Date: ____________________ Date Ratified: ________________ Additional Filing Required: ________________ Approval:____________________ Conservation Administrator Comments: Office Use: Date Received: Fee Paid: __________ Aristos Koyanis 11/5/2023 34 Susan Lane 44 Sunset Rd, Cambridge, MA 02138 617-661-8191 mrstos@gmail.com Pine Harbor 508-430-2800 Vegetated Wetland Install new 10x14 shed at end of driveway. Remove existing 5x6 shed (installed by previous owners). 55 11 Revised: May 2008 TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM Date: _________________________________ Project: _______________________________________________________________ Location: ______________________________________________________________ Property Owner: ________________________________________________________ I (we) hereby authorize the individual members of the Brewster Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch 131, s. 40) and/or the Brewster Wetlands Protection Bylaw (Chapter 172). Additionally, if an Order of Conditions is issued for the project, I (we) grant permission for Commission members and the Commission’s agents to enter the above referenced property for the purpose of inspecting for compliance with the Order of Conditions. This site access authorization is valid until a Certificate of Compliance is issued by the Conservation Commission. Authorized Signature: ______________________________ Date: ________________ Please Print Name: ________________________________ If other than owner, please state whether tenant, agent, or other: __________________ Mailing Address: ________________________________________________ ________________________________________________ ________________________________________________ Phone: __________________________ Email: __________________________ Cell: __________________________ Fax: __________________________ 11/5/2023 34 Susan Lane Aristos Koyanis Shed instalation 11/5/2023 Aristos Koyanis 44 Sunset Rd, Cambridge, MA 02138 617-285-6155 Archive d: Wednesday, November 8, 2023 3:55:58 PM From: William Grafton Se nt: Wed, 1 Nov 2023 14:17:51 To: mrstos@gmail.com Cc: Cassandra West Subje ct: 34 Susan Lane/Administrative Review Form and Policy Document Se ns itivity: Normal Attachme nts : Brewster Administrative Review Form.pdf; Brewster Administrative Review Policy.pdf; Mr. Koyani s, as pe r our discussi on in addi ti on to the Bui lding Permit ASR-23-2, the propose d shed construction i s l ocated within the 100-foot buffe r to state identified wetlands. This will requi re a Conse rvati on permit, Administrative Re view as well as the Buil ding Pe rmi t. I can sign off on the Buil di ng Permi t after the Brewste r Conservation Commi ssion approves the Admi n Revie w during the November 14, 2023 Commi ssi on Publi c Mee ti ng. I can sign off on the Bui lding Permit as e arl y as November 15, 2023 pending Commission approval and I will send you an approval as appropriate on the 11/15/2023 for the anticipated Commissi on approval . Bel ow are scre enshots of a plan showing the shed is locate d withi n 100 feet of the wetlands as well as ae ri als of the we tl ands per State Identi fied wetland l ayers. We will need a narrati ve , the site plans bel ow and maybe a few pictures pl us the compl ete d Admin Review form and a $30 check. We nee d (1) one di gital and (10) ten hard copies by Monday, Novembe r 6, 2023. Respe ctful ly, Bill Grafton Brewster Conservation Administrator 1657 Main Stre et Brewster, MA 02631 Phone (508) 896-4546 e xt. 4242 Brewster Town Offices are open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov Archive d: Wednesday, November 8, 2023 3:56:06 PM From: William Grafton Se nt: Wed, 1 N ov 2023 14:00:32 To: mrstos@gmail.com Cc: Cassandra West Subje ct: 34 Susan Lane/Shed within 50-100 from MassDEP identified wetlands Se ns itivity: Normal Re spe ctfull y, Bi l l Grafton Bre wster Conservati on Admi ni strator 1657 Mai n Street Bre wster, MA 02631 Phone (508) 896-4546 e x t. 4242 Brewster Town Of fices are open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov