Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
2023 12 12 Amended Public Meeting Packet
Town of Brewster Conservation Commission 1657 Main St., Brewster, MA 02631 Amended Public Packet Amended December 12, 2023, 2:36 PM Amendments to Public Meeting Packet Item 6b. September 12, 2023 Meeting Minutes Minutes Draft added to packet. Item 6d.November 28, 2023 Meeting Minutes Minutes Draft added to packet. Item 11a. 2628 Main Street Added revised restoration work plan, submitted 12/11/2023 Town of Brewster Conservation Commission 1657 Main St., Brewster, MA 02631 (508) 896-4546 CONSERVATION COMMISSION MEETING AGENDA 2198 Main Street December 12, 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. 87 North Pond Drive, SE9-1934. Rau & Schiffman temporary kayak rack location. Conservation permitting inquiry. – Deborah Rau b. Draft Sept 12, 2023 Meeting Minutes for Review & Ratification by Commissioners. c. Draft Sept 26, 2023 Meeting Minutes for Review & Ratification by Commissioners. d. Draft Nov 28, 2023 Meeting Minutes for Review & Ratification by Commissioners. 7. Request for Determination of Applicability a. None 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 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. b. 83 Dune Road, 79-35. Whitcher. Continued Public Hearing. SE9-1960. c. 168 Highland Moors Drive, 115-38. Continued Public Hearing. SE9-1961. Continued to the 12/26/2023 Public Meeting. d. 0 Underpass Road (Lots 2 & 3), 77-10 & 77-60. Whitcomb. New Public Hearing. Charles Whitcomb proposes the construction of a commercial bay building (5 bays) with a 2 bedroom apartment, and construction of the associated parking, landscape, drainage, sewage system, utilities and mitigation plantings within the 100-ft buffer zone to a bordering vegetated wetland. SE9-1962. e. 351 Point of Rocks Road. 79-23. Doug Sheff requests to Amend the Order of Conditions under SE9- 1714 to include special conditions under a separate permit, SE9-1797 for completions of shoreline stabilization work, including installation on a fiber roll array and sturdy sand drift fence, beach nourishment, and revegetation work. SE9-1714. 9. Request for Certificate of Compliance a. 34 Sea Meadow Lane, 37-98. Michael Dennis Properties. SE9-1829. b. 148 Griffith’s Pond Road, 54-7. Cheney. SE9-1880. c. 3661 Main Street, 126-10. Robarge. SE9-1069. 10. Request for Extension to Order of Conditions a. 38 Captain Baker Road, 72-19. Lammey. SE9-1712. b. Saints Landing/Robbins Hill Road, 50-4. TOB DNR. SE9-1668. c. Breakwater Road. 58-31. TOB DNR. SE9-1667. d. Point of Rocks Road, 79-24. TOB DNR. SE9-1666. e. 36 (Now 95) Southern Eagle Cartway, 138-43. Arts Empowering Life Foundation. SE9-1760. 11. Show Cause a. 2628 Main Street, 89-14 & 89-2. Continued - Brown. 12. Request for Minor Change to Plan a. 87 North Pond Drive, SE9-1934. Rau & Schiffman cutting beyond 53-58 elevation. – Deborah Rau 13. Request for Administrative Review a. None 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. Reminder about Tolling Provisions associated with COVID-19 Emergency Declaration. b. Discussion about Commissioner availability for 12/26/2023 Commission Public Meeting. 17. Matters Not Reasonably Anticipated by the Conservation Commission Chairman 18. Questions from the Media 19. Next Meeting: December 26, 2023 20. Adjournment Date Submitted: Date Revised: Received by Town Clerk: 12/08/2023 December 5, 2023 Brewster Conservation Commission 2167 Main Street Brewster, MA 02631 RE: Request for Minor Change to the Current Order of Conditions for 87 North Pond Drive, Project ID- SE -9-1934 and Discussion re Location of Log Kayak Rack Dear Commission Members, The purpose of this letter is to ask for the Conservation Commission's approval of a Minor Change to the Order of Conditions with respect to the vista pruning, and to discuss the placement of the kayak rack. Vista Pruning: Bill brought to my attention, when he visited the property, that more trimming was done than was approved. I do not agree that more pruning was done that was originally intended. I do agree that there has been some confusion, and the way the pruning was described in the Order of Conditions was not helpful. I have attached two photos: The markup that Bill gave to Joe Zelbeski of S&L Tree Service and a picture that I took last week. Unfortunately, from the photos it is not clear to me. Given this, I am requesting the Approval of a Minor Change for the rimming over and above what the Commission approved. I apologize for this activity. I have worked with the Commission several times over the past several years and have always strived to be compliant. Kayak Rack Placement: I was surprised to hear from Bill that my moveable kayak rack , which is not a permanent structure, should be outside the 50-foot buffer. I have attached a picture and noted the location on the site plan. This rack has been ther e since the summer of 2022. Both Bill and Noelle had been out there since its placement and never mentioned it. I also am a little confused, as if one were to go around the pond, one would see many racks and kayaks very close to the water. Given all that, I will move it if required, however given that I am a single older woman, it will be much more difficult for me to use the kayaks. I would be dragging them across the ground, which to me would do more damage than having a log kayak rack closer to the water. I thank you in advance for your consideration of the above, Deborah Rau .-a : .,/-4,,,,;;oup7„, A • • x 30.2 x 29.8 x 29.6\ \ PROPOSED SEASONAL PIER THREE (3) 8'x4' DOCK SECTIONS DOCK AREA = 96 SF WATER AT END OF DOCK, 1.3 FEET x 29.6 x 29.5 ( x 30,3 x 30,6 \ 5' Boulder x 30.9 PG PG x 31.5 ry X 33,0 ONV x 51.8 TV?. /1 ��i// 34,0 PG. / tb ¢,°/ tro �1 \ / 6' Bus x 32.1 • 33.4 I Bordering Vegetated Wetland BVW Existing 14" Oak Tree PROPOSE TO REMOVE THE VINES, TWIGS AND SMALL BRANCHES UP TO THE SPLIT OF THE TREE, EL=58t SEE NOTE 2 PIER INSTALLATION NOTES • 1.) PRIOR TO THE INITIAL INSTALLATION (FIRST TIME), THE APPROVED ANALYST FOR THE PLYMOUTH GENTIAN PLANTS (HAINES HYDROGEOLOGIC CONSULTING) SHALL INSPECT AND REFRESH THE PLYMOUTH GENTIAN PLANTS ON EITHER SIDE FO THE PROPOSED SEASONAL PIER. 2.) ONCE THE PIER IS INSTALLED AS SHOWN HEREON, A SET OF PERMANENT MARKERS ARE TO BE SET, ONE (1) FOOT BEYOND EACH EDGE OF THE PIER AT THE EDGE OF THE WETLAND RESOURCE. REFER TO DETAIL FOR REFERENCE. 3.) ONCE THE PIER AND THE MARKERS ARE INSTALLED, THE DESIGN ENGINEER SHALL AS -BUILT THE LOCATIONS AND PROVIDE A CERTIFIED COPY TO THE HOMEOWNER, CONSERVATION COMMISSION AND THE NATURAL HERITAGE PROGRAM. 40- 30- 20 0 WATER EL=33.0± 7.9 x 34.5 PROPOSED PERMANENT MARKERS FOR THE SEASONAL PIER LAYOUT 38.4 40.5 5 8" Pine Existing Lawn Area 37.9 ' eO �Fo�e t04, x 33,2 6. 38.9 2 14" Pi ag PO ,00, 36,9 37.1 A 35.4 Existing 12" Oak Tree PROPOSE TO REMOVE THREE LIMBS ON NORTHEAST SIDE OF TREE. LIMBS ARE c 3 INCHES, SEE NOTE 1 Existing Gravel Patio Area TO BE REMOVED AND PLANTED WITH NATIVE PLANT SPECIES (SHADED AREA) PROPOSED SEASONAL PIER THREE (3) 8'x4' DOCK SECTIONS DOCK AREA = 96 5F WATER AT END OF DOCK, 1.3 FEET 14" Oak 14" Oak Existing Stepping Stone Walkway TO REMAIN SEASONAL RAILING FOR THE FIRST SECTION OF DOCK RAILING CAN BE WOOD OR ROPE EXISTING GRAD I I ! 10 20 30 4 PROPOSED SEASONAL PADS TO SUPPORT THE SEASONAL DOCK; 410 Existing 4 to 5 Blueberry Shrubs from Previous Mitigation Plantings. THE BLUEBERRY SHRUBS AREA SHALL BE INCORPORATED INTO THE AREAS OF THE PROPOSED SHRUBS TO BE PLANTED. 1.2 ak 40.2 16" Oak RAILING 20.0' 50 SECTION A- 'A' SCALE: 1" = 10' 3a9 40.0 x 452 *0.6 14" Pine PROPOSED ADDITIONAL SHRUBS TO FORTIFY THE PREVIOUS MITIGATION AREA. 39 Existing Stepping Stone Walkway 45.6 Fenced Area „- 610 1100 - EDGE OF VEGETATED WETLAND 70 80 90 Existing Gravel Patio Area TO BE RE -CONFIGURED TO A PAVER PATIO 46.5 47/ 0/ PG PROPOSED PERMANENT MARKERS FOR THE SEASONAL PIER LAYOUT PIER LAYOUT DETAIL Existing Gravel Patio Area TO BE RELOCATED TO THE A/C AREA AND PLANTED WITH NATIVE PLANT SPECIES (SHADED AREA) Existing Stepping Stone Walkway TO BE REMOVED BENCHMARK, Top of Foundation EL=53.1± (Assumed datum) LOT 84-1 Area= 26,000 Sa- 1 PROPOSED VISTA TRIMMING: 1.) THE EXISTING 12" OAK, AS NOTED, SHALL BE TRIMMED OF THREE LOWER LIMBS WHICH EXTEND TO THE NORTHEAST. 2.) THE EXISTING 14" OAK, AS NOTED, SHALL HAVE THE VINES, TWIGS AND SMALL BRANCHES REMOVED UP TO THE SPLIT IN THE TREE, EL=513±. 1) THE PROPOSED PRUNING IS TO REMOVE THE SELECTED BRANCHES FROM ELEVATION 53 TO 58. 4.) THE TRIMMING OF THE TWO TREES SHALL BE COMPLETED BY A CERTIFIED ARBORIST. 5.) ALL CUTTINGS SHALL BE REMOVED FROM THE AREA. PREVIOUS MITIGATION AREA PLANTINGS: 6.) THE PROPOSED PLANTING AREA, AS NOTED ON THE PLAN, A MIXTURE OF 15 TO 18 NATIVE SHRUBS SHALL BE PLANTED AMONG THE PREVIOUSLY PLANTED SHRUBS. 7.) THE REMAINING BLUEBERRY SHRUBS FROM THE PREVIOUS MITIGATION AREA SHALL REMAIN. THE BLUEBERRY SHRUB AREA SHALL BE OVER PLANTED WITH 2 TO 3 OF THE PROPOSED NATIVE SHRUBS. B.) THE SHRUBS TO BE PLANTED SHALL BE A MIXTURE OF INKBERRY, ARROWWOOD, SPICEBUSH, SWEETPEPPER BUSH AND/OR ELDERBERRY. 9.) ALL SHRUBS SHALL BE A MINIMUM OF 2 GALLONS AND PLANTED AT 4 TO 5 FEET ON CENTER. <</ 0\'" 41,6 0 20 40 -ow. 60 SCALE r=20' 24x5 TP ST DB SAS Reserve 4110 EH • NOT TO SCALE Blueberry Pond (A Great Pond) LOCUS Lund Farm Way Lund Farm Way MA PLAN BOOK 215 DEED BOOK 1269 ASSESSORS' MAP 89 PAGE 57 PAGE 69 PARCEL 58 LEGEND I=1 EXISTING CONTOUR 32 PROPOSED CONTOUR EXISTING SPOT GRADE PROPOSED SPOT GRADE WATER SERVICE LINE OVERHEAD UTILITY SERVICE UNDERGROUND UTILITY SERVICE GAS SERVICE LINE TEST HOLE / BORING LOCATION SEPTIC TANK DISTRIBUTION BOX SOIL ABSORPTION SYSTEM RESERVED FOR FUTURE ELECTRIC BOX SEWER MANHOLE PINE TREE WATERGATE WETLAND BUSH (14' DIAMETER) UTILITY POLE CATCH BASIN FIRE HYDRANT WELL DRAINAGE MANHOLE CONCRETE BOUND, FOUND TOP OF BANK LIMIT OF WORK FENCE EDGE OF CLEARING PG PLYMOUTH GENTIAN (FLAGGED) EXISTING GRAVEL PATIO AREA NOTE: THE EXISTING GRAVEL PATIO AREA SHALL BE CONVERTED TO A DRY LAID PAVER PATIO. THE PORTIONS OF THE GRAVEL PATIO BEYOND THE PROPOSED PAVER PATIO (SHADED PORTIONS) SHALL BE REMOVED AND REPLACED WITH PLANTING AREAS FOR NATIVE PLANTINGS. EXISTING AREA OF GRAVEL PATIO: 875 SFt PROPOSED PAVER PATIO: 665 SF± PROPOSED REMOVED AREAS: 210 SF± (REDUCTION) REVISED 9-12-2022: ADDED LOCATION OF PLYMOUTH GENTIAN PLANTS (EIGHT LOCATIONS); SHIFTED PROPOSED SEASONAL PIER, TO BE CENTERED BETWEEN THE PLYMOUTH GENTIAN; ADDED PERMANENT MARKERS; ADDED PIER INSTALLATION NOTES. REVISED 8-2-2022: REMOVED THE CORRIDOR PROPOSAL AND REQUESTED THE REMOVAL OF 5 TO 7 LIMBS FROM TWO TREES; REMOVED THE LANDSCAPE PROPOSAL, REMOVED THE BEACH AREA WORK AND ADDED PLANTINGS TO ADDRESS PREVIOUS MITIGATION AREA. Neal Shifman Deborah Rau 87 NORTH POND DRIVE, BREWSTER, MA 02631 PROPOSED SITE PLAN SHOWING NEW DOCK, VISTA CORRIDOR & LANDSCAPE IMPROVEMENTS J.M. O'REILLY & ASSOCIATES, INC. Professional Engineering & Land Slirveying Services 1573 Main Street - Route OA P.O. Box 1773 (508)898-8801 Office Brewster. MA 02831 (508)898-8602 Pax DATE: SCALE: BY: CHECK: JOB NUMBER: GAAAlobs13336B.Shifman\DWG13336B.PROPOSED SITE PLAN- 2022.dwg 7-1-2022 As Noted JMO Page 1 of 13 Conservation Commission Meeting Minutes – September 12, 2023 Town of Brewster Conservation Commission MEETING MINUTES 2198 Main Street September 12, 2023 6:00 PM The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). TOWN OF BREWSTER 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 1657 Main St., Brewster, MA 02631 (508) 896-4546 Commissioners Present: Chair Michael Tobin (MT), Vice-Chair Casey Chatelain (CC), Bruce Evans (BE), Kimberly Crocker Pearson (KCP), Ron Slowek (RS), Steve McKenna (SM) Commissioners Absent: Gary Kaser (GK) Staff Present: Bill Grafton (BG), Chris Miller (CM), Cassandra West (CW) 1. Call to Order 2. Meeting Declaration of Participation Statement 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 6a. Conservation Permit Forms and Submittal Documents Revisions – Bill Grafton BG informs the Commission that the forms are not yet ready for Commission discussion. MT agrees to continue. 6b. 42 Barberry Ln Enforcement Order circa 1998 Dissolution Discussion Bill Grafton (BG) informs Commission of recently identified 1998 Enforcement Order on the property. BG describtes a 2014 enforcement order which closed out through an After-The-Fact Order of Conditions that led to an apoproved Certificate of Compliance on Myrick’s Pond through collaboration with the current homeowner, Mark Bownman (MB). MB’s predecessor had cleared the vegetation, and MB revegated. MB in front of Commission for an Administrative Reviewn as well. BG suggests a dissolution letter for the 1998 Enforcement Order. Bruce Evans (BE) moves to direct the Conservation Administrator to prepare and issue a dissolution letter for the 1998 Enforcement Order issued on March 3, 1998. Kim Pearson (KP) second. Approved 6-0-0. 6c. 87 North Pond Drive, SE9-1934. Rau & Schiffman cutting beyond 53-58 elevation and seasonal float location. Conservation permitting inquiry. – Bill Grafton Mike Tobin (MT) asks Bill Grafton (BG) if the Commission needs to open discussion item. BG suggests continuing due to a loss in the applicant’s family. Page 2 of 13 Conservation Commission Meeting Minutes – September 12, 2023 7. Requests for Determination of Applicability 7a. Vesper Pond Neighborhood (Roads)-Multiple Map/Parcel. New RDA# 23-14. Town of Brewster Road Betterment Program proposes road improvements to surfacing and stormwater drainage features within the 100-foot buffer to potential vernal pools, bordering vegetated wetlands and isolated vegetated wetlands. John O’Reilly (JO) presenting on behalf of Vesper’s Pond Neighborhood Group. JO provides history of project being brought in front of Town as a Betterment Project. Trying to get project out to bid and get the road repaired in the Vesper’s Pond neighborhood. JO describes project areas for discussion: initial section of Vesper’s Pond Road, end of Mayflower Circle, small turnaround at end of Vesper’s Pond Road by Lee’s Pond. Flagged a number of wetlands. Brought in Independent Environmental Consultants, Inc. Paul Shea (PS) to review line and extend flagging. BG reviewed the wetlands flags and provide revisions. JO incorporated these revisions into the revised site plan. JO clarifies that the project is not looking to expand pavement. Reduction in the amount of asphalt covering, as well as addition of small swales intended to slow water coming off the road, hopefully catch some first flush and to address shoulders of road. JO clarifies that this Betterment Project is not subject to Town’s Stormwater Management Program. References Auto-CAD calculations. The work will most likely start in Spring 2024, at the height of planting season. Once shoulders adjusted and graded, they will be vegetated. JO notes his appreciation of BG working with him on the RDA. Kim Pearson (KP) asks what is the approximate time that JO expects vernal pool to be active? JO clarifies that the ponding area is of concern. BG notes March and April as active times, and identifies location. BG states that the Natural Heritage and Endangered Species Program (NHESP) will not be commenting on this RDA. JO adds that they will use straw wattles to control siltation and sedminentation. Ron Slowek (RS) notes visited the site visit and thought it was marked clearly and well done. Mike Tobin (MT) requests a motion. Steve McKenna (SM) moves for a Positive Determination No. 5 for the Bylaw and a Negative No. 3 for work within the buffer zone including standard special conditions. Kim Pearson (KP) second. Approved 6-0-0. 7b. 72 Turning Mill Road 33-30 (39 6-8). New RDA# 23-15. Larry Chase proposes the construction of additions to an existing single family dwelling within the 100-foot buffer to bordering vegetated wetlands and land under water bodies, (Upper Mill Pond, a great pond). Dan Ojala (DO) Land Surveyor and Civil Engineer with Down Cape Engineering in Yarmouthport describes project resource area: Upper Mill Pond which is a great pond, and a Bordering Vegetated Wetland. DO states that they brought out Paul Shea (PS_ of Independent Environmental Consultants, Inc. to peforme the wetland delineation. Proposing work limit well outside 50 ft buffer to replace existing upper deck. DO explains in further detail the limit of work and the actions being taken to constrain construction activities primarily within existing footprint. DO notes plans to contain roof runoff. Ron Slowek (RS) visited site and did not see any issues with what is being proposed. Kim Pearson (KP) visited site and notes a “sometimes deck, sometimes dock”, which doesn’t appear to have been permitted at any point, as well as two floating docks stacked on deck/dock. KP asks Bill Grafton (BG) if a conservation permit was ever found for the stairs. BG affirms that no permit has been found for the stairs. KP notes that there is a great deal going on at the pond that doesn’t appear to have been permitted, and within 50ft buffer, there is a patio with fire pit that doesn’t appear to have been permitted on this property as well. Page 3 of 13 Conservation Commission Meeting Minutes – September 12, 2023 Mike Tobin (MT) notes that the Request For Determination of Applicability (RDA) for the additions seems straightforward. Commissioners present generally agree. MT asks how to handle the unpermitted activities? BG suggests approving the RDA and a separate ratification vote so that there is no ambiguity about the deck/dock and the fire pit. BG notes that the department obtained available Chapter 91 licenses for the entireTtown: this property was not on the list. BG describes stair materials, irrigation types, and the fire pit, which could trigger Stormwater Permitting activities. BG recommends to set a timeline for new After-the-Fact Notice of Intent (NOI) for November 1, 2023 or the unpermitted dock, stairs and firepit. DO agrees that an ATF NOI is reasonable, but requests more time than November 1, 2023. BG suggests that the dock is supposed to be seasonal per current regulations. The Commission discusses the timeline for submitting the ATF NOI and removing the permanent dock, referencing photos from BG’s site visit, and the practicality of the timeline. BG confirms that the existing dock will be consistent with the current regulations. He suggests removing dock by November 1, 2023 with notification of activity and submittal of the ATF-NOI by January 1, 2024. DO agrees to the suggestion, and will bring it to the homeowner. He notes that the new dock will need to comply with new portable dock regulations. New mooring needs approved by harbor master KP moves to vote to approve a Positive Determination No. 5 for the Bylaw and a Negative No. 3 for work within the buffer zone to resource areas including standard special conditions. RS Second. 6-0-0. KP moves to vote to require the removal of the existing dock by November 1 and the submittal of an After- the-Fact Notice of Intent for the permanent irrigation system, fire pit and deck/dock by January 1. RS Second. Approved 6-0-0. 7c. 3057 Main Street 101-45 (8-8). New RDA# 23-16. Town of Brewster Department of Public Works proposes gun range remediation, demolition and restoration within the 100-foot buffer zone to an isolated vegetated wetland. Giffin Ryder (GR) DPW Director provides history of Town of Brewster (TOB) purchase of Sea Camps, and knowledge of need to clean up existing gun range in Northeast Quadrant of site. GR is working separately with River Hawk Environmental Consultant on appropriate filings with MassDEP for contaminated soil. GR provides orientation of site and gun range location, referencinga recent LEC Wetlands Map. Identifies two lean-to shooting structures. Identifies wetland about 25 feet away from the BB Gun range. Provides history of development and potential manmade source for the wetland. GR confirms that the project is a Remediation project and the Town is not proposing any development. The Town is propsoing to remove both structures; mitigate soil behind the 22-calibur building for lead and arsenic. Initial testing shows that contamination hasn’t leached too deep, and removal will be in foot increments. DPW is not proposing to build the slope back, but remove contaminated soil and vegetate it with appropriate seed mix. GR notes that, in the future that they may try to create a stormwater area where the 22 building was, maybe a little vegetated stormwater area before enters the wetland. GR believes it may help with erosion at the roadway. GR identifies that they will need to remove vines to disconnect power running to buildings, remove stockade fence and renaturalize the area. Kim Pearson (KP) asks about the soil levels GR has gotten observed? GR responds that he can share documentation for specific levels, but that from a laymen’s perspective, the levels are lower than what was anticipated. KP asks how deep the soil testing went? GR confirms that they probed until the limits were below the threshold- approximately five or six feet so need to remove approximately 2 to 3 feet. KCP asks about soil composition? KP asks Chris Miller (CM) if there is any need to drop a testing well there; CM says no. GR notes an existing monitoring well within vicinity. Page 4 of 13 Conservation Commission Meeting Minutes – September 12, 2023 KP moves to vote to approve a Positive Determination No. 5 for the Bylaw and a Negative No. 3 for work within the buffer zone to resource area including standard special conditions. Steve McKenna (SM) Second. 6-0-0. 8. Notices of Intent 8e. Millstone Road Layout Multiple Map/Parcel. New public hearing. SE9-1958. Town Of Brewster Select Board proposes road improvements including surfacing and stormwater drainage features and vegetated management within the 100-foot buffer zone to an isolated vegetated wetland and potential vernal pool. Griffin Ryder (GR) DPW Director, Dan Kanata (DK) Wetland Scientist, Steve Rhodes (SR) Project Manager online. GR gives history of Millstone Road Project, initial proposal, resident feedback, and design revisions that reduce impact to isolated wetland. GR describes project goals and scope: 2.46 miles from Route 137 to Route 6A, adding shoulders and sidewalks that connect to sidewalk on 6A. GR notes Resource Area: Isolated Vegetated Wetland. Identifies presence of a Potential Vernal Pool, which was not certified by the Natural Heritage and Endangered Species Program (NHESP). DPW had consultant, VHB made second review and identified facultative species having vernal pool characteristics. GR clarifies that the proposed design is not proposing to send stormwater to the IVW. Propose to pipe stormwater outside the wetland and buffer zone, but notes that the wetland is very close to the road. In order to improve safety on Millstone, the road needs to be widened so they will be implementing reduced shoulders, and proposing cape cod berms where there are no sidewalks. The project includes 145 square feet of branch trimming within buffer zone and routine perioidic maintenance. GR identifies a Stormwater Permit application being submitted to the Planning Board. Going forward with a tree hearing because Millstone Road is a scenic road. DK confirms that only tree trimming at the wetland, no discharge of any fill in wetland, and proposing erosion sedimentation controls where practical to prevent discharge or migration into the wetland. Mike Tobin (MK) asks if water getting in there now from road? GR doesn’t think see evidence of that. In the future, it will likely be even less. Bruce Evans (BE) asks if the wetland a vernal pool? BG clarifies that it’s a potential vernal pool. GR restates that it is not mapped as potential or certified. BG states that this project would be eligible for an exemption under the Bylaw except for cutting back vegetation. Potential Vernal Ppool inside Isolated Vegetated Wetlands (IVW), which is under Bylaw only. Stormwater permit through planning board. BG checked permits for this area, and the IVW is the only wetland that would affect this project. MT asks GR when they are hoping to start? GR discusses project funding and going to Town Meeting in November to secure more funding. At this point, will need to negotiate temporary easements for construction and utilities. He is hoping to break ground in Spring, but maybe next Fall. GR notes that the project did receive MEPA approval. BG notes that going to have to do constant mowing. Suggests a minor revision to the site plan for posting Conservation markers. MT asks if BG wants to put this in Order of Conditions. BG notes that there will be revised plan: sheet 1, 9 and 9A that will include this. BG asks GR if he can turn new plans in by Friday, September 15, 2023 at 12 noon. GR agrees. Page 5 of 13 Conservation Commission Meeting Minutes – September 12, 2023 Steve McKenna (SM) moves to vote to close and issue and Order of Conditions with Standard Special Conditions including the posting of (5) five conservation markers with a revised plan due by 12 noon Fri September 15, 2023. Ron Slowek (RS) Second. Approved 6-0-0. 8a. 104 Canoe Pond Drive, SE9-1952. 24-60 (36-230). Continued public hearing. Hongying Xie Revocable Trust-2012 proposes to install a seasonal aluminum dock, as well as After-the-Fact approval of an existing kayak rack within inland bank, bordering vegetated wetland, land under waterbodies and waterways, and bordering land subject to flooding and buffer zone to bordering vegetated wetlands. Mike Tobin (MT) asks Bill Grafton (BG) if the application is a continuance? BG confirms that it is continuing to September 26, 2023. Steve McKenna (SM) moves to continue the hearing for 104 Canoe Pond Drive to September 26, 2023. Casey Chatelain (CC) second. Approved 6-0-0. 8b. 178 Bonnie Doone Cartway 102-13 (8-7). Continued public hearing. SE9-1893 Amended. 178 Bonnie Doone Cartway LLC requests a determination for after-the-fact and proposed minor deviations including restoration plantings, changes to hardscape, improved drainage, beach stair details, vegetative management and date for removal of “the eastern cottage” which is a portion of the mitigation to the approved Order of Conditions SE9-1893 within the buffer zone to coastal dune and bordering vegetated wetlands. Bill Grafton (BG) states that the application is continuing to October 10, 2023. Bruce Evans (BE) moves to continue the hearing for 178 Bonnie Doone Cartway to October 10, 2023. Kim Pearason (KP) second. Approved 6-0-0. 8c. 47 Governor Prence Road, 58-14 (4-33). Continued public hearing. SE9-1953. Anthony Saccone & Susan Dickstein propose deck expansion, new deck construction, new pond access stairways construction & plantings within the 100-foot buffer zone to bordering vegetated wetlands, inland bank and land under water bodies (Cobbs Pond, a great pond). Paul Mancuso (PM) from BSC Group on behalf of homeowners and Ian Peach (IP) from Wilkinson Ecological Design. Matt Lautenberg (ML), Doug Dick (DD) and Todd Labarge (TL). IP addresses Commission concerns from the previous hearing regarding unintentional activities in the buffer zone, noting that both companies, Labarge and Wilkinson took immediate action to rectify on site. IP shares revised restoration plan on screen. After hearing feedback from Commission, found a way to increase square footage of ecological restoration to 15,400 square feet by converting 1037 square feet of buffer zone while increasing the mitigation plantings from 82 native shrubs to 115 native shrubs to address pirior Order of Condition requirements as well. IP details the revisions on the restoration plan in further detail, noting additional shrubs and square footage of lawn conversion. IP details the Land Management Plan, noting the removal of low volume of foliar treatment, addition of annual monitoring reports to the timeline, and the inclusion of more visuals, particularly a cross section and the existing conditions and the proposed conditions to scale. IP further details the differentiation between the existing conditions and the proposed plantings, stating his belief that it will increase protection from erosion. IP describes the photo of the proposed view corridor, particularly removing any canopy trees. Copicing through a process to achieve a 10 ft view corridor. IP acknowledges a note on the plan to demarcate the edges of the view corridor on site. IP turns over to PM from BSC to speak to the access stairs to pond. PM shares his plan on screen. He describes the changes made on the revised plans since the last meeting. First, he notes that a table showing existing and proposed impervious surface area had been added since the Page 6 of 13 Conservation Commission Meeting Minutes – September 12, 2023 revised plans were submitted. PM details the permeable and impermeable surfaces on the plan, particularly the entrance walkway, the Two decks added at the back will be permeable, and the permeable proposed stair walkway. Proposed bulkhead will be moved outside the buffer zone. PM notes the added cross section A-A, noting the ending point, the reduced stair size, and the supports. He notes the proposed addition of a kayak storage rack on side of final platform, which should not increase the surface area of the platform. PM notes the change of the erosion control lines to wrap around the entirety of the property. Ron Slowek (RS) notes that the site has cleaned up tremendously. He takes issue with the stairway down to the pond. He mentions that the total width of the steps are not clear on the plans, and that the landing on the plans seems much bigger than four feet. PM and DD clarify that the stairs, top and bottom landing, are four feet wide, out to out, and that the midpoint landing is designed to be six feet wide out to out, cantilevered out. DD refers to the section on the screen for details, noting the intention to follow the grade as close as possible, and to cantilever the landing at the bottom so that there is no post on the water side of the landing. Bill Grafton (BG) notes the need for greater specifics, to minimize opportunity for mistakes in the field prior to issuing and Order of Conditions (OOC). RS asks about the material on the stairs, and the composition of the treads, or if light will be able to penetrate. DD notes open risers and treads made of multiple boards so they can be open in between. Notes that materials would be pressure treated on body of stair, pressure treated posts wrapped with self-adhering membrane below grade. He confirms that the structure will be pressure treated, and the cap and treads of a composite material like the decks. RS notes aesthetics are important on Cobb’s Pond. DD details aesthetic and practical considerations in material. RS asks about the necessity of the kayak storage? RS, DD, BG and Mike Tobin (MT) discuss the aesthetics and impacts on vegetation around the pond with and without kayak storage. BG confirms that two hard copies, and one digital of revised plans with architectural dimensions to augment the A-A cross section must be submitted by 12 noon, Friday, September 15, 2023. Bruce Evans (BE) moves to close the hearing for 47 Governor Prence Road and issue an Order of Conditions with Standard Special Conditions with any revisions due by 12 noon, Friday, September 15, 2023. RS second. Approved 6-0-0. BG notes the great teamwork. 8d. 10 Nancy May Path, 91-14-798 (7-11-1). Continued public hearing. SE9-1550 Amended. Nancy & Mina Kaddis request a determination for the relocation of a beach access stair with seasonal base, removal of existing and approved but not constructed hardscape as well as mitigation plantings within coastal beach, coastal bank, land subject to coastal storm flowage and buffer zone to coastal bank. Bill Grafton (BG) confirms that the applicant has requested a continuation. Mike Tobin (MT) asks to when. BG confirms to September 26, 2023. Kim Pearson (KP) moves to continue the hearing for 10 nancy May Path to September 26, 2023. Casey Chatelain (CC) second. Approved 6-0-0. 8f. 0 Beach (aka 0 Landing Drive) 82-1 (48 79-1). New public hearing. SE9-1957. Beechwood Landing Property Owners Association, Inc proposes to construct an open wooden shade structure on an existing deck located within land under water bodies (Long Pond, a great pond). John O’Reilly (JO) presenting for applicant. JO briefly reminds the Commission of the previous denial for a Minor Change to Plan in Spring of 2023 to resurface the deck on Beechwood Landing. JO states that the applicant is looking to main access point for folks at Beechwood Landing. In the 1990s, the Homeowner’s Page 7 of 13 Conservation Commission Meeting Minutes – September 12, 2023 Association were approved for a deck and seasonal dock, which are both licensed under the Commonwealth. JO walks through the proposed structure to replace a temporary tent as a shade structure over the permitted deck. He details the open-sided, roofed structure, of which a major part pitches towards the pond, directing water down the roof structure to the pond. Currently water falls onto the deck and then onto the ground. He details the proposed rain gutter, which diverts straight water runoff out over two or three feet. He references the submitted cover letter, addressing the variances, as well as the need to have to send to MassDEP to review the existing deck license, to make sure that they are not altering the license of the existing deck. He notes that the proposal is still waiting for the Natural Heritage and Endangered Species Program (NHESP) to comment. JO clarifies that the application is not proposing any alteration on the ground, and that the structure will be built on top of existing decking. The purpose is to give an area for the homeowners to enjoy the pond while in the shade. JO notes the struggle of dealing with a temporary structure during a storm, which would be remediated with a more permanent structure. JO believes they can do it without providing impact to associated resource areas. Casey Chatelain (CC) notes that the big debate last time was the rain runoff, and thanks JO for addressing it Ron Slowek (RS) sees no environmental impact on this but notes that the project needs to be conditions. RS notes the cutting and construction can occur well outside the buffer zone and refers to the rendering, and the impact on aesthetics, viewshed and types of materials used. RS asks about the the types of materials, particularly on the roof? JO has not done a structural analysis. He references that when the frame of the decking was redone, joists were built that would support it, and the column would be tied into that. JO believes the materials are pressure treated wood and asphalt shingles, but will have to confirm for the next hearing. RS notes his concern on the size, being 40 feet on a 63 foot deck. RS believes the project is a little bit too big. Kim Pearson (KP) notes that under the Wetland Regulations, the Commission is charged with protecting aesthetics, defined as natural scenery and appearance of the resource area which is visually accessible to the public. She notes that this is a public facing project, and doesn’t think it’s in keeping with the aesthetic of the pond bank. She states that she can’t vote for it. Mike Tobin (MT) asks about the size and color of the current canopy? JO responds that it is approximately correct, and that it is typically white or beige. JO does not have any photos of the current canopy but did include pictures of the metal frame. JO will have to ask ownership to provide photos of the canopy. JO notes the differences in individual preferences on aesthetics. A discussion of the particulars of aesthetics, including size, color and materials, ensues. The Commission notes the value of aesthetic preservation versus benefit to the 100 homeowners. CC asks RS how much smaller he believes it should be, in order to give clear guidance? RS provides parameters of 30 feet to 32 feet. BG notes the danger of cumulative creep, and a discussion about preventing it ensues. BG advocates for adding precautions into the conditions to limit possible creep in the future. RS and JO discuss details of the possibilities of expansion, based on the proposed construction. BG suggests putting in the safeguard regardless. Steve McKenna (SM) notes that the Commission usually requires spacing for light penetration, and that the project is eliminating that with a shade structure that size. JO notes the position of the structure in relation to shading the surrounding vegetation. BG and JO discuss the option of flow through decking. JO indicates the homeowners wouldn’t want to tear out the decking they just built. Chris Miller (CM) notes that the reference photos is of the former structure. The current deck is cantilevered over the water. Even if the structure wasn’t there, the conditions of the shoreline and wave action in that location wouldn’t support Page 8 of 13 Conservation Commission Meeting Minutes – September 12, 2023 vegetation. He doesn’t think that the shading is going to affect the growth of vegetation in this short distance into the pond. Not sure that the gaps between the decking is the issue there. JO asks for additional comments, and reminds the Commission that the meeting can’t close, due to the need for NHESP comments. CC brings guidance on size back to conversation. Asks if 30ft would be okay? RS affirms. KP declines to comment. SM asks JO to request that they build the structure in natural tones? JO says he didn’t realize how much the white popped until now. SM moves to continue the hearing to September 26th, 2023. KP second. Approved 6-0-0. 8g. 283 Hamilton Cartway 81-1 (47 83-2). New public hearing. SE9-1956. Frank & Laura Kolb propose a septic replacement and construction of additions to an existing single family dwelling within the 100-foot buffer zone to bordering vegetated wetlands and inland bank to (Greenland Pond & Long Pond, great ponds). John O’Reilly (JO) and Frank Kolb (FK), homeowner present. JO provides homeowner and property context. The proposal is to add two additions to an A-Frame house within the open grass areas on either side of the dwelling. Access to and from the additions will be through gravel dirt driveway and around the dwelling as needed. The house is currently served by a 3-bed septic from the eighties or nineties, consisting of a thousand gallon septic tank and a leach pit. JO is proposing to reinstall an upgraded septic for the three beds in house to address a 300-foot pond setback for Greenland Pond and Long Pond. The applicant is seeking BOH review and approval for upgraded septic. JO details the septic proposal. Pressure-dosed dispersal high up in the soil column. They’ve positioned Leaching facility parallel with the contours. They’ve also positioned the septic system in and around the very well vegetated lot without taking down any large trees. JO notes that do not need a variance, as all work is proposed beyond 50ft buffer zone. JO notes that J.M. O’Reilly & Associates, Inc staff did flag a BVW for Greenland Pond to the north and Long Pond to the south. Paul Shea (PS), Independent Environmental Consultants, Inc. reviewed the wetland flagging and wrote a letter supporting the locations. JO notes that they did not propose vegetation mitigation. JO states that the site is one of coolest sites he’s seen in a long time, and he doesn’t know if we need to do any additional vegtation. Kim Pearson (KP) notes the Stormwater is at 495 square feet. Is there any possibility that it will go over that square footage? JO states that it would, only if additions get larger. KP suggests adding a condition that, if the As-Built comes out greater than 500, it would trigger a stormwater after the fact. BG affirms that the calculations for Stormwater and Conservation Coverage are not clear. JO details the components of the Stormwater and Conservation Coverage calculations, as well as his justification for calculating Stormwater and Conservation Coverage as he did. He notes that the proposal is adding 531 square feet of improvements. JO notes the proposal of roof runoff to be controlled by stone trenches or gutters and clarifies that the project is waiting for Natural Heritage and Endangered Species Program (NHESP) comment, and cannot be closed until they receive it. He offers to size the drywells or stone trenches to mimic the 500-year storm event. JO acknowledges that the proposal was planning to control stormwater through subsurface. BG notes that during the site visit he did see a fair amount of vegetation dumping around the property. He states that the applicant should not use conservation jurisdictional boundaries to discard greenwaste. He suggests moving the green waste to the large area outside jurisdictional boundaries, where the new system is going. BG confirms that FK doesn’t have to clean up the piles unless Commission directs him to do so. Page 9 of 13 Conservation Commission Meeting Minutes – September 12, 2023 BG requests JO to convert wetland flags to pink or something brighter than the two blue flags he found, and to include alphanumerics going forward. JO clarifies that blue flagging was used because someone in field was color-blind. JO asks if he should reflag? BG states that doing so is not necessary. Bruce Evans (BE) moves to continue the hearing for 283 Hamilton Cartway to September 26, 2023 to allow time Natural Heritage and Endangered Species Program (NHESP) to provide comments. KP second. Approve 6-0-0. 9. Request for Certificate of Compliance 9a. 2342 Main Street SE9-1819 78-121(16-83). Brewster Conservation Trust. Bill Grafton (BG) states that the request needs to continue to 9/26/2023, to give BG time to adequately review the files. Kim Pearson moves to continue the Requests for Certificate of Compliance for 2342 Main Street and 92 Seaman’s Lane to September 26, 2023. Ron Slowek (RS) second. Approved 5-0-1. Steve McKenna (SM) Abstaining. 9b. 92 Seaman's Lane SE9-1825 12-59 (38-34). Brewster Conservation Trust. Bill Grafton (BG) states that the request needs to continue to 9/26/2023, to give BG time to adequately review the files. Kim Pearson moves to continue the Requests for Certificate of Compliance for 2342 Main Street and 92 Seaman’s Lane to September 26, 2023. Ron Slowek (RS) second. Approved 5-0-1. Steve McKenna (SM) Abstaining. 10. Request for Extension Order of Conditions 10a. 286 Landing Drive, SE9-1869 82-3 (48/1-3). Fogel and Schlegel. Bill Grafton (BG) suggests a three year extension and directing the Conservation Administrator to send a reminder letter to submit annual monitoring reports. Bruce Evans (BE) moves to approve a three-year extension for the Order of Conditions for Landing Drive under SE9-1896 to September 12, 2026. Kim Pearson (KP) second. Approved 6-0-0. 10b. 351 Point of Rocks Road, SE9-1714 79-23 (6-7). Heintzelman Properties. Bill Grafton (BG) describes the coastal stabilization activities and expiration of a second, synchronous project – SE9-1797 – which is expired. BG suggested that the applicant extend this permit, and amend it to bring in the special conditions and site plan details from SE9-1797 into SE9-1714. BG recommends a three-year extension and a letter detailing the deficiencies. Bruce Evans (BE) moves to approve a three-year extension for SE9-1714 to September 12, 2026. Kim Pearson (KP) second. Approved 6-0-0. Page 10 of 13 Conservation Commission Meeting Minutes – September 12, 2023 10c. 0 Lower Road, SE9-1753 49-135 (3-154-2). Brewster Conservation Trust. Bill Grafton (BG) states that the request is a straightforward three-year extension. Bruce Evans (BE) moves to approve a three-year extension for SE9-1753. Kim Pearspon (KP) second. Approved 5-0-1. Steve McKenna (SM) abstaining. 10d. Sears Point Drive, SE9-1804 57-3 (4-1) Sears Point Condominium Association c/o Mercantile Property Management Corp. Bill Grafton (BG) describes the property as a coastal project, and details the time spent with Mark Burgess to help out the Sears Point Condo Association. The Association has three valid Order of Conditions permits for coastal stabilization. The goal is to Amend SE9-1932 to include SE9-1604, SE9-1604 Amendand, and SE9-1804. The only way to do that is to keep permit SE9-1804 open/valid through an approved extension. MB is asking for a three-year extension at the recommendation of BG. BG recommends a three-year extension so that they can come back with the Request for the Amended Order of Conditions covering SE9-1604, SE9-1604 Amended and SE9-1804 later. Bruce Evans (BE) moves to approve a three-year extension to the order of conditions for SE9-1804 to September 12, 2026. Kim Pearson (KP) second. Approved 6-0-0. RS recuses and leaves the room. 11. Show Cause 11a. 2628 Main Street, 89-14 (15-113-2) & 89-2 (27-4). Continued - Brown. Unpermitted 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 Schlessinger (DS) for Great Cape Co-op & Brown Realty Trust. DS briefs the Commission that changes need to be made for the draft plans that BSC Group prepared. DS and Bill Grafton (BG) met last week and will meet again on Friday to make sure they don’t have to do too many revisions, and get it done in a timely manner for planting. BG affirms. BG notes that DS and he suggest a key for major activities including: 1. Enforcement Order/restoration plantings, 2. Enforcement Order/natural revegetation with optional plantings and invasive/opportunistic species management and conservation markers, 3. Enforcement Order/conservation markers down by the Jardus Property, and 4. Operations & Management areas. BG states that more time is needed. Mike Tobin (MT) responds that as long as we’re still moving forward, that’s good. Suggest continue to 9/26/2023. BG notes that Attorney Chris Senie did reach out to BG, and that BG informed him that he wasn’t needed at this meeting, as it was a quick update. BG believes there will be substantive material submitted by September 26, 2023. Bruce Evans (BE) moves to continue the enforcement discussion for 2628 Main Street to September 26, 2023. Kim Pearson (KP) second. Approved 5-0-0. Ron Slowek returns to the meeting. Page 11 of 13 Conservation Commission Meeting Minutes – September 12, 2023 12. Request for Minor Change to Plan 12a. 122 Governor Prence Road, SE9-169. King Frank King (FK), homeowner gives history of coir roll system constructed in 2015 to stabilize the coastal bank. The system spans not only FK’s property, but also the neighbor’s property totalting about 120 linear feet. FK’s portion is about 25 feet and been in place for 7 years, and is very stable. FK notes that one of the conditions is to keep the coir rolls covered. He notes a rainstorm in the past week that uncovered the coir rolls, and references a submitted photo of the stairs. FK discusses the initial access established by the OOC, being the town Breakwater Landing to bring sand down the beach in front of their neighbor’s property. In 2021 or 2020, the sand providers proposed running a chute down the stairs on FK’s property, and sending the sand down the chute, then shoveling it out on FK’s property. He notes that this would no longer need access through Breakwater Landing. FK notes that Bill Grafton (BG) performed a site visit, and understood the proposed access, but that it is not the access that was approved in the OOC. FK is here to request a change to the order to allow for access via a chute running down the stairs. FK notes that BG noticed phragmites during his site visit. FK references submitted photos showing the phragmites. He states that BG strongly suggested controlling the phragmites so that the beach grass doesn’t get overwhelmed by the phragmites. FK wants to modify the OOC to allow him to use the chute system for getting sand to the beach, and with guidance from experts do what they can to control phragmites. He notes triple-concentrated vinegar as a natural solution. BG also notes hand removal of phragmites is an option but not as affected within the triple concentrated vinegard. BG further describes the colonization of the phragmites on the property, the concerns of aggressive phragmites spread. BG addresses the contractor, Jennifer Chase, who BG feels confident that she can help FK out with invasive control. BG notes that the original permit doesn’t have invasive control. He suggests adding invasive control by hand removal and treatment with natural solutions for invasive and opportunistic species, such as Staghorn Sumac, which is also starting to present there. Doing a minor to cover both the chute and invasive and o, he’ll be able to work with somebody and control it. Otherwise he has to get a new permit or amend it. BG notes that FK is a model for addressing the Commission requirements for the annual monitoring report so well. Kim Pearson (KP) asks if phragmites control will be limited to triple vinegar, not cut and swipe? BG confirms that the suggestion from the contractor is hand removal including natural solutions, and offers to provide more specific language. KCP expresses doubt that triple vinegar will be effective against phragmites. Discussion ensues. They agree to follow with interest, allowing hand removal and treatmenet with natural solutions, and not chemical treatment. Bruce Evans (BE) moves to approve a Minor Change to Plan for SE9-1695 at 122 Governor Prence Road, for the delivery of beach renourishment from the property via a metal chute, utilizing hand tools and the hand removal including treatment with natural solutions of invasive and opportunistic species such as phragmites and staghorn sumac. Kim Pearson (KP) second. Approved 6-0-0. 12b. 286 Landing Drive, SE9-1869. Fogel & Schlegel. Janet Fogel (JF), homeowner present. JF describes a Minor Change to Plan to existing Order of Conditions. JF notes the elevations from the first corridor is different from the second and third. Bill Grafton (BG) clarifies that the railing height for Corridor A is 5 feet higher than in Corridors B and C which are set at the deck level. BG states that he noticed that on a site visit, and suggested bringing a Minor Change to Plan to the Commission for review and a determinination, as there is no apparent rational for Corridor A being higher. Page 12 of 13 Conservation Commission Meeting Minutes – September 12, 2023 Bruce (BE) moves to approve the Minor Change to Plan for 286 Landing Drive, revising the elevation of Corridor A to match Corridors B & C. Kim Pearson (KP) Second. Approved 6-0-0 12c. 648 Satucket Road, SE9-1866. Cordner. Mike Tobin (MT) confirms with Bill Grafton (BG) that this item will not be discussed as the applicant’s submittals had not been received in time. 12d. 87 North Pond Drive, SE9-1934. Rau & Schiffman Mike Tobin (MT) confirms with Bill Grafton (BG) that this item will not be discussed as the applicant’s family has suffered a loss. 13. Request for Administrative Review 13a. 42 Barberry Lane, 68-13 (5-218). Mark Bowman proposes to remove a hazard tree in the 100-foot buffer to a bordering vegetated wetland, inland bank and land under water (Myricks Pond). Mark Bowman (MB), homeowner present. MB describes a tree that is significantly uprooted, right at edge of 100-foot buffer to Myricks Pond. The tree is leaning towards Myricks pond, propped up by a smaller tree. BG believes a significant storm could take them both down. MB met with Chris Lombardi (CL), Certified Arborist, who also spoke with BG. They think we can take the tree down without significant issue at all. MB notes that he had permission from the previous Conservation Administrator Aguair but affirms that he didn’t act fast enough with that permission. Bill Gtsgyon (BG) notes that if MB does damage the other tree, he will put in (5) five pitch pines. MB states that CL would do Arborist work on tree if damaged. BG notes vines on another tree. MB describes that CL will cut off vines on another tree, which will be pulled up by MB once they die off. Steve McKenna (SM) moves to approve the Administrative Review #23-12 for 42 Barberry Lane for the removal of a hazard tree with special conditions. Kim Pearson (KP) second. Approved 6-0-0. 15. Report of the Natural Resources Director Chris Miller (CM) Natural Resources Director. CM reminds the Commission that it’s time for the annual Hunting Discussion. Since last year, a Citizen’s Petition opened up the area in the Punkhorn, what they would like to do is get the three boards with care and custody of some Punkhorn Land closely located together, and have a joint meeting to hold a discussion so that we all have the same motion. The plan is to come up with some times in the next couple of weeks and get that going. CM addresses that we’re in the middle of hurricane season, and notes the press storm coming up coast. Nobody really knows what happens, but he thinks that most people should be prepared for wind and rain this weekend. CM states it’s always easier to put your boat back in, than to be too late to address it during the storm. Should be a mild noreaster, but not certain yet. By Thursday we will have a better feel and it will probably hit us Saturday. Page 13 of 13 Conservation Commission Meeting Minutes – September 12, 2023 16. Report of the Conservation Adminstrator Bill Grafton, Conservation Administrator. BG notes that during the last meeting the Commission approved septic repair at149 Fiddlers, but denied on the wetland line. He notes that there was green waste fill about 8-12 feet upgradient of the delineated wetland. Applicant submitting a new delineation RDA with Qualified Wetland Scientist who’s slightly moved it upgradient, but fill hasn’t been removed. BG talked to property owner’s son, and buyer. They’re willing to remove it, but don’t want to get in trouble. BG references a similar circumstance on another property. BG states that the Commission needs a De Minimis vote for green waste removal with no additional permitting, based upon the August 22, 2023 Commission meeting. Bruce Evans (BE) moves to approve the removal of the fill/green waste adjacent to the wetlands at 149 Fiddler Lanes including the use of tracked or wheeled vehicles, provided erosion control barrier is deployed, by September 22, 2023 with no additional conservation permitting requirements. Kim Pearson (KP) Second. Approved 6-0-0. 17. Matters Not Reasonably Anticipated by the Conservation Commission Chairman Bill Grafton (BG) describes a 2-hour walk-in meeting in July regarding the subject site, 34 Red Wing Cartway. BG advised that the expiration, with tolling, was September 21, 2023. BG suggested to the applicant that they should submit an extension request by August 21, 2023 as per the extension OOC and OOC guidance language. They didn’t make the deadline due to an out of state funeral. Applicant also turned in a Request for a Certificate of Compliance that same day for a second Order of Conditions. BG believes the Commission should show some leniency as a practice. BG states that the applicant provided Provided 2020, 2021, 2023 and 2019 site visit pictures and work notification. Kim Pearson (KP) asks about the risk to the Commission in addressing an item when it was not posted, and it was therefore not part of the agenda? BG is putting a matter not reasonably anticipated in front of the Commission in a public forum. The Commission has discretionary authority to approve or deny. BG says that the permit cannot be appealed, because the public hearing for it was closed when the Commission issued the OOC with Special Conditions. It had an appeal period and a complaint period during the Notice of Intent Public Hearing process. Not posting depends on how strict you want to be. It came up today, and it’s up to the Chair to decide if he’s okay with it. Mike Tobin (MT) confirms that he is okay with hearing this matter. Kim Pearson (KP) moves to approve a three-year extension to September 12, 2023. Bruce Evans (BE) second. Approved 6-0-0. MT welcomes Cassandra West to the staff. 18. Questions from the Media 19. Next Meeting: September 26, 2023 20. Adjournment BE moves to adjourn. CC second. Approved 6-0-0. Meeting adjourned. Town of Brewster Conservation Commission MEETING MINUTES 2198 Main Street November 28, 2023 6:00 PM The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). 1 of 10 Conservation Commission Meeting Minutes – November 28, 2023 Commissioners Present: Chair Michael Tobin (MT), Vice-Chair Casey Chatelain (CC), Bruce Evans (BE), Kimberly Crocker Pearson (KCP), Ron Slowek (RS), Gary Kaser (GK), Steve McKenna (SM), Commissioners Absent: Staff Present: Bill Grafton (BG), Cassandra West (CW) 1. Call to Order: 6:01 PM 2. Meeting Declaration of Participation Statement 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 6a. 17 Hamilton Cartway, 93-5. SE9-1246. Discuss approved versus planted plantings and provide Commission guidance – Commission Bill Grafton (BG) notes that two representatives are here: John Casale (JC), previous owner, who sold the property to Joe Rotti (JR), in April 2023. JC had an old Order of Conditions (OOC) that had no Certificate of Compliance (COC). JC describes his actions since April to prepare to come before the Commission. He states that, other than the three growing seasons, he believes he has satisfied the Special Conditions. BG describes JC’s interactions since April, citing Special Conditions like mitigation plantings. BG notes that the drywells activity is done. BG states that JC replanted plants which had previously died; BG cites a new As-Built As-Planted (ABAP) dated November 2, 2023 prepared by Clark Engineering LLC signed and stamped by David Clark, RPE which was provided by JC. BG describes the difference between the approved planting and the ABAP, citing JC’s changes, which used the Cape Cod Cooperative Extension, a Commission approved plant list. BG: “In fact, if this gets approved then it can be used as a signature model for others. BG has no problems with qualitative or quantitative changes. BG notes the arrangement between JC and JR and states that the Commission’s determination will affect their escrow agreement. He states the key thing is the three successive growing seasons for the mitigation plants as per the Special Conditions with no monitoring reports required. BG notes the Commission has discretionary authority. BG suggests that the Commission could say the permit can be closed off in Fall 2024, given that the plantings survive. BG understands that JR has considered additional plantings but for the property owner it is costly to prepare an engineered plan and to possibly do additional plants. BG would like clarification from the 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 2 of 10 Conservation Commission Meeting Minutes – November 28, 2023 Commission on whether an RDA or an NOI would be the appropriate conservation permit application. The Commission could approve an NOI without a surveyed plan then the answer is yes. Mike Tobin (MT) opens up to questions from the Commission. He clarifies that the Commission is looking for a Request for Certificate of Compliance in the future. Kim Pearson (KP) moves to vote to ratify the revised mitigation plantings as depicted on the revised As-Built As Planted dated November 2, 2023 prepared by Clark Engineering, LLC, signed and stamped by David Clark, RPE with the requirement for (3) three successive growing seasons to be in effect until the Fall 2024 growing season. Gary Kaser (GK) second. Approved 7-0-0. BG asks on behalf of JR, if he comes forward with additional plantings in the future, what type of permit would it be? MT confirms if the application would only be to put additional plantings in the ground then an RDA should be sufficient. The Commission generally agrees. JC confirms that main thing he came here for ratification that all special requirements except for the three growing seasons have been met. The Commission generally affirms, checks with BG. BG discusses details of project within the 100-ft buffer. BG doesn’t see anything problematic, but notes that the Commission can’t predict the future. MT states, as of right now, yes all conditions save the three growing seasons have been met. JR, current owner, clarifies that he has a holdback with JC, who would get 80% of the funds if the only thing holding back the COC is the three planting seasons, and the amount of money held back would cover the plantings. JR wants to make sure that nothing comes up later, that an additional site visit wouldn’t uncover some new requirement to close out the COC. The Commission undertakes a discussion about plant survival rates. JR states he’s at peace with replantings as an ongoing option. He cites a final inspection with building department, in which something came up that wasn’t requested previously. JR asks if there’s a way to document the Commission. BG clarifies that the remaining unsatisfied special condition is three successive growing seasons, and that he didn’t see anything else at the site visit. JC states that in April of 2024, he will be on site and if he sees anything that didn’t make it, he’ll replant. MT clarifies that the Commission wants a majority of plantings to survive. He assures JR that he’ll be fine. 6b. 2024 Meeting Dates and Deadlines for Review and Ratification – Cassandra West BG introduces Cassandra West (CW) who has been leading this effort. CW describes four relevant pieces of information, starting with: The meeting dates follow the Conservation Commission general pattern of meeting on the second and fourth Tuesday of every month at 6 PM at Town Hall. CW notes a column added to the document for the 2024 that was not present in 2023. She then notes the final date, which needs to be determined by the Commission, and two minor edits to be made. CW details the Additional Materials deadline in column five. She cites a typical protocol in the Conservation Department to request additional materials be submitted by 12 noon the Tuesday before the Public Meeting, but since this hasn’t been documented and ratified, it can be difficult to enforce. The Department receives additional materials at the eleventh hour, making it difficult to turn things around in time for the Commission to review and make decision. CW states that the intent for 2024 is to ratify the deadline so that the department can be more systematic. CW notes two edits submitted by BG in the afternoon. She cites the June 25th, 2024 Meeting, and references the edit in column five to read June 18th instead of June 17th. She cites the addition of a note in the Location column header which will note that all Conservation Commission meetings are hybrid, per the select board. CW then poses to the Commission to select the date for the final Meeting in December. She lists the three options, December 17th, December 19th or December 26th at 6 PM. She states that, per her submittal letter, she believes the December 19th date to be optimal from the perspective of the Conservation Department. BG notes that all those meetings are within 21 days of the first January 2025 meeting. The Commission references their calendars, Kim Pearson (KP) double-checking whether it conflicts with any potential Natural Resources Advisory Commission Meetings. 3 of 10 Conservation Commission Meeting Minutes – November 28, 2023 KP states she will not be coming in on Boxing Day. Mike Tobin (MT) notes that the 2023 meeting is after Christmas, and that he will not be available. The Commission agrees on Thursday, December 19th. CW states that the submittal dates will follow the conventions. The Commission gives CW discretion to select the submittal dates without coming back to them for approval. Bruce Evans (BE) moves to approve the 2024 Brewster Conservation Commission Meeting Schedule detailing meeting dates and deadlines as edited, which means that the last meeting will be on December 19, 2024. KP Second. Approved 7- 0-0. Steve McKenna (SM) suggests with the submission dates, recommends to give empowerment to Conservation Administrator to make judgment calls in extenuating circumstances. 6c. Minor Change to Plans – Bill Grafton Bill Grafton (BG) discusses in detail the difficulty of unmitigated Minor Change to Plans (MCTP). He cites projects that, after multiple MCTPs, no longer looks like the same project. BG suggests limiting the number of MCTP to two per permit. He cites ‘laundry lists’ on MCTP, and believes that the activities proposed on MCTP shall be a minor activity individually or cumulatively. When getting to that point of multiple changes to an Order of Conditions, BG believes they’ve got to submit a Request for Amended Order of Conditions – they are a little more cumbersome for the applicant, makes them think it through, and they have to post in the paper. BG cites Homeowners Associations getting upset about MCTP, cites that there is no appeal process for a MCTP. Kim Pearson (KP) asks if there’s any regional standard on the number requirement? BG states there is none, and that other Towns don’t have Minor Change to Plans. BG cites seeing five to ten bullets on one MCTP. Ron Slowek (RS) discusses having difficulty with different Amended Order of Conditions (AOOC). And somewhere between what has been approved and what’s been done in the field differ, it’s difficult to track the steps. RS is for setting limits. Casey Chatelain (CC) believes it is reasonable. Bruce Evans (BE) moves to approve a limitation on the number of Minor Change to Plan per Order of Conditions inclusive of any subsequent Amended Order of Conditions or Extended Order of Conditions not to exceed (2) two Minor Change to Plan approvals. Gary Kaser (GK) Second. Approved 7-0-0. 6d. Commissioner Slowek MACC Fundamental Training Completion – Bill Grafton The Commission applauds Commissioner Slowek’s accomplishment. BG Notes that Chris Miller is on his way and KP is on her way. 6e. Draft April 11, 2023 Meeting Minutes for Review & Ratification by Commissioners. Bill Grafton (BG) notes that he made clerical edits and suggests approving all submitted Meeting Minutes as edited. Bruce Evans (BE) moves to approve the meeting minutes of April 11, 2023 as edited. Gary Kaser (GK) Second. Approved 7-0-0. 6f. Draft April 25, 2023 Meeting Minutes for Review & Ratification by Commissioners. Bruce Evans (BE) moves to approve the meeting minutes of April 25, 2023 as edited. Kim Pearson (KP) Second. Approved 7-0-0. 4 of 10 Conservation Commission Meeting Minutes – November 28, 2023 6g. Draft May 9, 2023 Meeting Minutes for Review & Ratification by Commissioners. Bruce Evans (BE) moves to approve the meeting minutes of May 9, 2023 as edited. Gary Kaser (GK) Second. Approved 7-0-0. 8. Notices of Intent 8a. 104 Canoe Pond Drive, SE9-1952. 24-60 (36-230). Continued public hearing. Hongying Xie Revocable Trust- 2012. Continuation Requested. Bill Grafton (BG) states that the application is continuing. Casey Chatelain (CC) notes that the applicant has been continuing close to six months since the application was received on June 23, 2023. CC asks, at what point are we prepared to say you need to come forward with something? CC believes it must be difficult for Abutters to track. Bruce Evans (BE) notes that December 12, 2023 was selected as the continuation date a long time ago. BG cites his belief in ratification until it’s over. He states that for this specific application, he is the bottleneck. To CC’s point, BG does support, overall, a limit on continuations, and suggests the Commission consider it. BG brings up denial without prejudice: three counts you’re out. In previous Towns for which BG worked, in which denial without prejudice was implemented, everybody showed up or they withdrew. Mike Tobin (MT) asks if withdraw, do you have to pay again? Is there a way to withdraw without repaying fees, or else just to cover the resubmittal? BG says the engineering fees add up. Chris Miller (CM) asks if the Commission could ask them to readvertise, not refile? Steve McKenna (SM) suggests a timeline of two months. MT replies with three months. BG adds that applicants should renotify abutters. CM suggests that the Conservation Department should write up a proposal and present to Commission next time. BG agrees. He states that Continuations should be purposeful, not separative. MT brings up having wiggle room in special circumstances. Ron Slowek (RS) agrees with CC and MT on special circumstances. For example, if someone is hospitalized. SM adds at the Commission’s Discretion. CC confirms that the whole point was about keeping abutters notified. Kim Pearson (KP) moves to continue to the December 12, 2023 Commission Public Meeting to allow the applicant’s consultant additional time to address the Commission’s request for additional information. Gary Kaser (GK) Second. Approved 7-0-0. 8b. 83 Dune Road, 79-35. Whitcher. Continued Public Hearing. SE9-1960. BG notes that Crawford Land Management Staff Lauren Taylor invited Commission to perform a site visit, and reads the times offered. Commission discusses available dates and times offered by applicant. Commission decides on December 7, 2023 at 9:30 AM. Kim Pearson (KP) moves to continue to the December 12, 2023 Commission Public Meeting the hearing for 83 Dune Road. Casey Chatelain (CC) Second. Approved 7-0-0. 8c. 168 Highland Moors Drive, 115-38. Masi. New Public Hearing. Angelo and Pamela Masi propose the replacement of an existing deck and rinse station, construction of an addition and covered porch, installation of a subsurface drainage system, replacement of an existing septic system with a new Title V septic system and plantings within the buffer zone to coastal bank and bordering vegetated wetland. SE9-1961. 5 of 10 Conservation Commission Meeting Minutes – November 28, 2023 Diana Zaglio (DZ), Architectural Designer for for Mcphee Associates of Cape Cod on behalf of owners Angelo and Pamela Masi, and Mike Pimentel, Civil Engineer, with J. C. Engineering who is home sick with COVID-19. DZ notes that the project did just receive MassDEP Wetland Protection Act Notification Number today. DZ describes the project intention is to add a small addition to the house that would allow for usage as a first floor primary bedroom. Additionally, to add some dormers, rebuild the existing deck, and move existing rinse station from on the deck to around the corner of the house. DZ describes plan to put addition off the side of the house opposite the water and as far away from possible from the wetlands. Couldn’t move it completely outside buffer, because the location of the house is within the buffer. DZ acknowledges a number of issues that had been brought up. BG clarifies that he had found an old enforcement order earlier in the day, and gave the applicant’s representative an additional information request today. DZ spoke to MP, and what it really comes down to is that all of the issues occurred prior to the Masi’s ownership of the property. Cites listing photos found that show the activities which were in violation. DZ doesn’t feel that the Masis are responsible for the actions of previous owners. Masis want to know what options there are for addressing some of the issues without being responsible for what was done prior to their ownership. Mike Tobin (MT) asks about footprint change in the back of the house? DZ references the proposed site plan. She describes the slight change of footprint on deck and the reasoning. She reiterates the outdoor shower moving from the deck to side of house. Addition moving around to front of house. BG talked to MP about 3 weeks ago and told him we have to know where the salt marsh delineation is located as the 100 foot buffer to salt marsh is important to the project and other projects. A lot of permitting going on. BG reviewed SE9- 765, which had the deck depicted on the site plans. BG is reminding the Commission that the deck did get permitted. MT clarifies that he wanted to confirm that they were expanding the deck. BG affirms it is, slightly, and MP will adjust as appropriate. Kim Pearson (KP) quotes a 122 square foot increase in the 0-50…that’s not nothing. BG agrees and says MP made the 590 as a Minor Stormwater Management Permit Application, which is under Ch. 272 Bylaw. BG notes the aerials, and references an area got the attention of Chris Miller (CM) and BG. BG found out there was a second permit/SE9-160 that included an Enforcement Order issued on September of 1994 due to a lot of cutting on a steep bank which is populated by highbush blueberry, winterberry, shrubs and trees which were heavily cut over the years. The predecessors to the Masis were approved for a COC with Ongoing Conditions on the two old OOCs which detailed the need for an Order of Conditions to perform any vegetative management. Despite this, the new Order of Conditions was never acquired, and the predecessors cut anyway. BG clarifies that any activity that happened before, it carries with the property. It’s buyer beware. BG will spend hours with a buyer to perform due diligence to make sure they know the history including any pitfalls or opportunities. In short: SE9-160 is closed and the enforcement order is dissolved through a Certificate of Compliance with Ongoing Conditions requiring an Order of Conditions to perform any vegetative management. SE9-765 is also closed out with a Certificate of Compliance with Ongoing Conditions requiring an Order of Conditions to perform any vegetative management three years after the issuance of the Certificate of Compliance. Nevertheless, unpermitted cutting took place at the site for an extended period of time. BG points out that the wetland shown is considered a BVW, but the same company had that wetland as salt marsh on a different site plan. This is important because the 100-ft setback to salt marsh under 310 CMR 10.32 is restrictive. BG lists the deck, a stone wall and cutting both on and off property and states, be that the Masi’s activity or not, they now own it. BG also notes that in a labeled mitigation area, which is supposed to have plantings, there are ornamental grasses and sand. Unfortunately, this requires a remedy. In the current proposal, mitigation plantings have been proposed outside of the viewscape but these plants would be more beneficial to the bank and the salt marsh if they are were located in the cut areas of the bank. There should no cutting without an Order of Conditions especially no cutting offsite without permission from the offsite owner and an Order of Conditions. BG references the current site plan and locations of mitigation plantings within the 0 to 50. BG states that, Overall the project in and of itself is not large but there is evidence that the predecessors performed unpermitted work/activity that needs to be addressed. BG cites a question on the area of driveway, where there seems to be an increase based on a review of the prior approved site plans and the current site plan. The driveway could be additional impermeable surfacing, if you compare the plans under SE9-160, SE9-765 and SE9-1961. BG details the plans to reference. 6 of 10 Conservation Commission Meeting Minutes – November 28, 2023 Kim Pearson (KP) has a problem with the mitigation. Historically the Commission has asked for a 2 to 1 with planting with regard to the net increase in the 0-50. Here they’ve got barely 1-to-1 with 155 sq-ft of planting to mitigate 122 sq-ft of increase. That needs to increase. If we are to be consistent through time, they need almost twice as much planting as they’re putting in there. Secondly, there is no mitigation in the 50-100. Historically, the Commission has done about 1- to-1 in that range. There is a 469 sq-ft net increase in the 50-100 which should be mitigated in this area with 1-to-1 plantings. KP states that a new planting plan is needed. MT adds that the Applicant will probably some sort of plan to clean up the unpermitted work/activity. Everyone agrees that the revelations of the past unpermitted work activity and Ongoing conditions regarding unpermitted vegetative management is new and needs to be addressed as well. DZ replies in regards to mitigations, states that the Masis are very open to hearing what it might be. DZ assured owners Commission will advise on plantings. BG brings up Conservation Markers which could help prevent unpermitted work/activities downgradient of the coastal bank. If the coastal bank plants are allowed to grow, then they’ll thrive. The Masis will lose some views. They will need permission offsite anyways, and separate vegetative management Conservation permitting. BG notes the good news are no liens on the property because they got COCs that closed out the SE9-160 and SE9-765. Mike Tobin (MT) asks about the slate wall, which BG confirms was approved under prior Order of Conditions which included pictures of the slate wall at the time. MT is trying to figure out what is an unapproved activity. Hard because haven’t been there to see site. Maybe a site visit before the next meeting would be appropriate. Casey Chatelain (CC) thought the project was relatively straightforward before hearing from BG about some of these unpermitted work/activity. CC agrees, with KP about the amount and location of the proposed planting. Commends trying to keep addition as far away as possible. Notes that the change of deck is 7 sq-ft. KP looking at the 2014 VE FEMA Flood Line. The more recent, although not yet approved, lines tend to be more landward. Steve McKenna (SM) clarifies not always. KP asks where it might be in this area? KP notes that, if the VE flood line is closer to the coastal bank, there might be some questions about the flood zone. BG describes the VE and what happens during a storm surge in line with removal of vegetation on the coastal bank undermining the bank. Ron Slowek (RS) cites the late delivery of the plans as why he’s all for this one week prior submittal deadline. We have this site plan, but it really didn’t give us a lot of detail. RS wants to see architectural plans. BG confirms that we rarely get the (10) ten hard copies of architectural plans. BG clarifies for DZ: the Commission needs two hard copies of 24” X 36” for the file and 8 more for the Commission. RS would like to see the permitting set, not the pricing set. DZ acknowledges. RS asks about what type of erosion control is being used? DZ does not know and sttes that MP was supposed to be on Zoom. MP does not appear to be there. BG states that the question can’t be answered at this time. BG notes that MP had said he would need adequate time; asks DZ if 12/12 is adequate. DZ can’t speak to where Mike is at. BG suggests December 26, 2023; DZ agrees. SM asks about a little wood platform on the coastal bank? DZ offers that it’s a preexisting wood platform. BG reminds DZ that the Masis own it. BG reminds DZ that he would have been happy to continue this to the December 26, 2023 without the meeting tonight, as it’s not beneficial to force things to the Commission that are not ready that could be worked out between DZ, BG and MP. SM moves to continue the public hearing for 168 Highland Moors Drive to December 26, 2023. KP Second. Approved 7-0-0. 9. Request for Certificate of Compliance 9a. 34 Sea Meadow Lane, 37-98. Michael Dennis Properties. SE9-1829. 7 of 10 Conservation Commission Meeting Minutes – November 28, 2023 Bill Grafton (BG) reminds Commission that this project was on the November 14, 2023 agenda, and BG didn’t have time to review so a continuation was approved by the homeowner’s consultant. BG hasn’t had a chance to talk to homeowner, Michael McDade. BG performed a site visit, and reviewed filing for SE9-1829, which is one of two permits associated with the subject site. The other Order of Conditions is #2003-79, which does have a recorded OOC and is under the Bylaw only. Apparently, SE9-1829 was not recorded. BG searched the Registry of Deeds but did not find evidence of SE9-1829 recording. BG states that the current OOC SE9-1829 has not been recorded, which is a violation under 310 CMR 10.05(4)(G) which requires the Order of Conditions to be recorded before commencing the work. If applicants does not have the original/SE9-1829 Order of Conditions, a True Attest copy can be obtained through the Town Clerk’s office. But if he has the original issued Order of Conditions the he can record that as well. BG reviewed the property and the OOC, Special Conditions and approved site plan, which had mitigation plantings with specific plants on the planting plan, and a requirement to keep the tags on all of them, and annual monitoring reports. BG found no annual monitoring reports, and only 50% of the tags on the planted species. BG can’t determine if the plants that are out there are the right species without the tags and annual monitoring reports. BG brings the Commission’s attention to a large area of vegetation cut out in what appears to be the 50-100, where a tremendous amount of construction material is being stored. BG is not sure if a conservation permit to cut that vegetation and store construction materials was ever approved by the Commission. After citing the problems, BG notes that they can be remedied. Perhaps annual Monitoring were sent to previous Conservation Administrators. BG reviews #2003-79 Order of Conditions under the Town By-law which has been recorded and the associated Enforcement Order. Both need to be closed out through a Certificate of Compliance. BG wants to help owner sort it out, but the Commission needs the monitoring reports, SE9-1829 needs to be recorded and both OOCs need to be closed out after the three successive growing seasons and three monitoring reports.BG adds that SE9-1829 has erosion control that needs to come out. BG believes that this should be continued. Kim Pearson (KP) asks for clarification on what BG suggests? BG affirms that the Commission has two choices: deny or continue. Mike Tobin indicates a continuation is appropriate. KP moves to continue the Request for Certificate of Compliance for SE9-1829 to Dec 26, 2023 meeting to allow the applicant time to provide more materials. Gary Kaser (GK) second. Approved 7-0-0. BG speaks to Michael McDade about getting in touch and working with him. Steve McKenna (SM) recuses himself. 9b. 222 Slough Road, 11-19. BCT SE9-1767. Bill Grafton (BG) describes the Brewster Conservation Trust (BCT) Property. BG performed a site visit and found erosion control and a black plastic water line within the limit of work. BG called Amy Henderson, BCT Executive Director and informed her that the erosion control and a pipe sticking out of the ground both need to be removed. As such, BG states that the request is continuing. Kim Pearson (KP) moves to continue to the December 12, 2023 Commission public meeting to all the applicant time to remove the erosion control barrier and plastic water line. Gary Kaser (GK) second. Approved 6-0-0. SM returns to the meeting. 10. Request for Extension Order of Conditions Kim Pearson (KP) recuses herself from the meeting. 10a. 257 Crocker Lane, 69-4. Fields. SE9-1763. 8 of 10 Conservation Commission Meeting Minutes – November 28, 2023 Bill Grafton (BG) spoke with property owners Mark & Jane Fields and consultant Kyle Holt-Cullity of Executive Landscaping on September 15, 2023 to discuss the Conservation permits associated with the site. The applicants provided (4) four annual monitoring reports so far: 2019, 2020, 2021, and 2023 just missing the 2022 report. BG suggests a three- year extension. Bruce Evans (BE) moves to approve a 3-year Extension Order of Conditions for SE9-1763 associated with Fields at 257 Crocker Lane to November 28, 2026. SM Second. Approved 6-0-0. KP returns to the Meeting. 10b. 91 Carver Road, 50-92. Pfannenstiehl & Bergstrom, Trustees. SE9-1672. Bill Grafton (BG) reminds the Commission about the waiver request on November 14, 2023 that was denied. This Order of Conditions includes required compensatory beach renourishment. BG suggests a three-year Extension, and the next thing is to get the sand on the beach which they already arranged permission to the Town landing but need to refresh that request. Kim Pearson (KP) moves to approve a 3-year Extension Order of Conditions for SE9-1672 associated with Pfannenstiehl at 91 Carver Road to November 28, 2026. Gary Kaser (GK) Second. Approved 7-0-0. 10c. Mariner’s Court, 90-160. Monaghan. SE9-1835. Bill Grafton (BG) reminds that Tom Monaghan (TM) of Corcoran-Jennison submitted SE9-1864 for review by the Commission on November 14, 2023 for an Extension Order of Conditions which was approved. TM wants to also extend SE9-1835 and later Request and Amended Order of Conditions to include the mitigation plantings under one and not both Orders of Conditions that share a site plan with required mitigation plantings. BG suggests the Commission approve a three-year Extension. Kim Pearson (KP) inquires if this is an area where mitigation plants have yet to be planted. This is a second extension on an area that hasn’t been planted. BG explains that SE9-1835 is a pond management permit that includes vegetative management based on the site plan. What TM would like to do is to consolidate the mitigation plantings though an Amended Order of Conditions (AOOC) pursuing the plantings under only one Order of Conditions. KP wants to ensure this is the last extension they get to get these plants in the ground. BG discusses possibility of Amended and potential required monitoring reports. Steve McKenna (SM) asks if there is a reason why they haven’t done the replanting? KP and BG affirm that they’ve planted half the pond giving them a giant vista corridor that is half the pond and they need to plant around the entirety of the pond as per the approved site plan. BG and KP discuss the options for getting the plants in the ground and the need for the plants around the entirety of the pond, agreeing on the need to keep the permit alive to achieve permit. KP, SM and BG discusses the options of limiting the extension duration or enforcement. BG discourages against either for this permit at this time. Bruce Evans (BE) moves to approve a 3-year Extension Order of Conditions for SE9-1835 associated with Mariners Court to November 28, 2026. Gary Kaser (GK) second. Approve 7-0-0. 10d. 0 Saints landing, 50-4. TOB DNR. SE9-1867. Bill Grafton (BG) states the Town project’s approved work includes existing paved access way, a new seasonal beach ramp, beach nourishment (optional) and revegetation (optional). BG suggests the Commission approve a 3-year Extension Town project. Bruce Evans (BE) moves to Vote to approve a 3-year Extension Order of Conditions associated with SE9-1867 for the Town of Brewster at 0 Saints Landing to November 28, 2026. Kim Pearson (KP) Second. Approved 7-0-0. 10f. Spruce Hill Beach/Main Street, 102-17. TOB DNR. SE9-1669. 9 of 10 Conservation Commission Meeting Minutes – November 28, 2023 BG details expiration dates and extensions, as well as tolling calculations; the Tolled expiration date is November 9, 2023. BG states the extension request was submitted in advance of the expiration date. The approved work/activity includes (optional) beach and dune nourishment and beach access stair maintenance. There are no monitoring report requirements. BG suggests a 3-year Extension. BG clarifies that the relevant parties need to provide a copy of the recorded order of the most recent EXT or obtain a True Attest copy through the Town Clerk’s office. Bruce Evans (BE) moves to vote to approve a 3-year Extension Order of Conditions for SE9-1669 associated with the Town of Brewster for Spruce Hill Beach/Main Street to November 28, 2026. Gary Kaser (GK) Second. Approved 7-0-0. 10e. Crosby Landing, 38-10, 38-28. TOB DNR. SE9-1670. Bill Grafton (BG) provides background on the issuance, extension and recording information for the permit. Extended on 6/04/2019 to 8/11/2022 and this expiration date benefits from 462 days of tolling associated with the COVID-19 Emergency Declaration. The Tolled expiration date is 11/16/2023 and the Request for Extension Ored of Conditions (EXT) was submitted in advance of the expiration date. No recording evidence was found for the final extension. The approved work/activity include beach and dune nourishment, vista pruning and relocating temporary beach facilties. The Natural Heritage and Endangered Species Program has also provided comments that are required to be followed. No annual monitoring is required. BG suggests a 3-year Extension Order of Conditions, and he should follow up on the recording of the most recent Extension. Bruce Evans (BE) moves to approve a 3-year Extension Order of Conditions for SE9-1670 for the Town of Brewster Department of Natural Resources associated with 0 Crosby Lane to November 28, 2026. Kim Pearson (KP) Second. Approved 7-0-0. 10g. Saints Landing/Robbins Hill Road, 50-4. TOB DNR. SE9-1668. Bill Grafton (BG) request more time to review this permit. Bruce Evans (BE) moves to approve a continuation for Saints Landing/ Robbins Hill Road/SE9-1668 to December 12, 2023. Gary Kaser (GK) Second. Approved 7-0-0. 10h. Breakwater Road. 58-31. TOB DNR. SE9-1667 and 10i. Point of Rocks Road, 79-24. TOB DNR. SE9-1666. Bill Grafton (BG) request more time to review both permits. Mike Tobin (MT) agrees both to be approved for continuation. Steve McKenna (SM) moves to continue Breakwater Road/SE9-1667 and Point of Rocks Road/SE9-1666 to December 12, 2023. Gary Kaser (GK) second. Approved 7-0-0. 10j. Ellis Landing/0 Ellis Landing Road, 91-42 & 91-41. TOB DNR. SE9-1662. BG details the issuance, extension and recording information for the permit. BG states that EXT1 benefits from 462 Days of tolling so the Tolled Expiration date is December 27, 2023. BG states the approved work includes shorefront retreat and protection measures including removing asphalt, removing a failed drainage structure, relocating existing stones, installing articulating concrete blocks mats (ACBM), installing coir envelopes, and beach nourishment. The Special Conditions reference SE9-1497 for 51 Captain Dunbar’s stone revetment including compensatory annual beach renourishment mitigation. The Town of Brewster is responsible for covering the ACBM with 24 inches of sand as well as nourishment of any 10 of 10 Conservation Commission Meeting Minutes – November 28, 2023 scoured areas. Detailed monitoring reports are due annually on May 15th of each year; BG has not seen any evidence of annual monitoring reports but there may be some in emails for the prior Conservation Administrators. As this project also involves a private property owner, BG suggests a 2-year Extension Order of Conditions and direction from the Commission for the Conservation Administrator to remind the Town and the Private Property owner/Fasman about the requirements. Bruce Evans (BE) moves to approve a 2-year Extension Order of Conditions for SE9-1662 for the Town of Brewster and Fasman associated with 0 Ellis Landing and 51 Captain Dunbar to November 28, 2023. Kim Pearson (KP) second. Approved 7-0-0. 10k. 38 Captain Baker Road, 72-19. Lammey. SE9-1712. Cont. to 12/12/23. Bill Grafton (BG) has been in touch with property owners, who have sent an email saying they want to extend. BG encouraged them to sort out their contractor. Bruce Evans (BE) moves to continue hearing for 38 Captain Baker Road SE9-1712 to 12/12/2023. Kim Pearson (KP) second. Approved 7-0-0. 11. Show Cause 11a. 2628 Main Street, 89-14 (15-113-2) & 89-2 (27-4). Continued - Brown. Unpermitted 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. BG notes that the hearing is continued to 12/12/2023. BG has been in touch with David Schlessinger (DS) and Chris Senie (CS). They have submitted a punch list and revised draft Restoration Plans. They did not, however, provide comments on the Temporary Culvert Management Plan. BG is coordinating Town Comments from Chair Tobin, Town Counsel, Chris Miller and BG. The plan is to complete this in time to submit to DS and CS so that they can incorporate and submit to the Commission by Tuesday, December 5, 2023. Bruce Evans (BE) moves continue the hearing for 2628 Main Street to the December 12, 2023 Commission public meeting. Gary Kaser (GK) second. Approved 7-0-0. 15. Report of the Natural Resources Director 15a. Chris Miller (CM) acknowledgement of the late Peter Wells, a former Conservation Commissioner from 2016 to 2022. 15b. CM wants to make a reminder that Seasonal Hunting is Open. Bow Hunting area in Punkhorn open from the first Saturday in December for 3 weeks. MT clarifies that it’s starting this Saturday. 15c. KP asks to mention the third Sea Camps Forum. CM mentions that the Sea Camps forum is posted on the Town webpage, as a virtual forum? It’s a great opportunity to see the recommendations of the committees and voice your opinion. CM believes they are planning on bringing something to Town Meeting this Spring. 16. Report of the Conservation Administrator 16a. None. 17. Matters Not Reasonably Anticipated by the Conservation Commission Chairman 17a. BG understanding that two Commissioners can’t make it to the December 26, 2023 meeting. Discussion of whether the Commission can make a quorum. GK suggests rescheduling it. BG believes it is too short notice. Takes a poll of the Commission. KP, SM: maybe. BE, MT: no. CC, GK, RS: yes. 11 of 10 Conservation Commission Meeting Minutes – November 28, 2023 SM suggests playing it by ear. If no quorum the meeting can’t open. CM and BG make mention of the 21-Day requirement. Discuss changing the date. CW suggests moving the meeting to December 19, 2023, and the implications. CW also suggests the possibility of the 28th. CC agrees with SM to cross that bridge when we get to it. Commission agrees to wait. BG requests that the Commission try their best to keep that agenda. 17b. SM mentions, as a matter of course, that the Commission do the discussions after all the paid people get in and out. CC would have NOIs go first. Good to get discussion out in front end. Discussion of what items should go first. CC suggests that the NOIs go first. Discussion ensues. The Commission agrees leaving it to the Chair’s discretion. 18. Questions from the Media 18a. None 19. Next Meeting: December 12, 2023 20. Adjournment Cc moves to adjourn at 7:33. KCP Second. Approved 7-0-0. 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 December 4, 2023 Attn: Bill Grafton, Conservation Administrator 2198 Main St. Brewster, MA 02631 By hand delivery Re: Notice of Intent Application Filing Package – Revised Plans Submittal Proposed Seasonal Dock Hongying Xie Revocable Trust - 2012 Hongying Xie, Trustee 104 Canoe Pond Drive Brewster, MA Map 24, Parcel 60 On behalf of my client Hongying Xie, I am submitting a revised project plan and a separate sketch plan for mitigation work for the project. The revised site plan shows the change in the wetland delineation line as requested by the agent, with updated 50-foot and 100-foot buffer zone lines. The surveyor also located all of the existing trees, and “oak stumps”/bushes on the property, along with existing stumps. The sketch plan for the mitigation was developed from the updated site plan, with input from the conservation agent and landscaper. The enclosed mitigation plan is for your consideration, and includes removal of invasive and non-native species and poison ivy, restorative plantings in several areas, the grinding of 6 existing stumps, and the regeneration of 3 Oak trees from existing stumps. In addition, a planting list is included that indicates the plant name, scientific name, size, width, height, spacing, and average coverage in square feet. We hope that the revised plan and mitigation plan provide the commission with the requested information that the commission and the agent requested to continue to move this project forward. T herefore, please review this submittal of the revised plan and mitigation plan for the project for your December 12, 2023 hearing. If there are any questions or concerns regarding this submission, please contact me as soon as possible. Thank you very much. Sincerely, Mark Burgess B.S. Ocean Engineering Shorefront Consulting Enclosures: As Stated cc: Hongying Xie (by email, Applicant) Lc / IALL V27.9 / / I x 42.8 6" Oak -Trimmed '.Pine MITIGATION SITE PLAN 10 5 0 10 20 40 1"=20' I 240.00 SEE NOTE 2 12" Pine • 10" Pine ® • / SEE NOTES //// Exist) Topi TRUSTE REV( 15 CREEPING JUNIPER. 46.3 c MITIGATION NOTES: 1. GRIND ALL STUMPS AND REMOVE INVASIVES WITHIN THE CYAN HATCHED AREA #1. AREA TO BE LEFT TO RECOLONIZE NATURALLY. 2. ALL BLACK CIRCLES (3 TOTAL) ARE OAK "BUSHES" THAT SHALL BE PRUNED BACK TO LEAVE THE STRONGEST LEADERS. THE LEADERS SHALL BE MONITORED FOR STRENGTH, LEAVING 1-2 LEADERS TO DEVELOP BACK INTO TREES AND GROW NATURALLY. 3. REMAINING MAGENTA "OAK BUSH" STUMPS OUTSIDE OF AREA 1 (6 TOTAL) SHALL BE GROUND BELOW GRADE. 104 M / / CREEPING THYME. 4. ORANGE AREAS SHALL BE PLANTED WITH A TOTAL OF 5. GREEN AREAS SHALL BE PLANTED WITH UP TO 30 LOWBUSH BLUEBERRY. 6. BLUE AREAS SHALL BE PLANTED WITH UP TO 50 7. INSTALL ABOVR GROUND IRRIGATION TO AID IN PLANT SURVIVAL. 7. ANY PLANTS THAT DO NOT SURVIVE SHALL BE REPLACED TO CREATE A 100% SUCCESS RATE. 8. PLANT SPECIES CAN BE SUBSTITUED FROM THE CAPE COD COOPERATIVE EXTENSION PLANT LIST, WITH CONSERVATION ADMINISTRATOR APPROVAL. N _ \ 9. GENERAL MAINTENANCE SHALL INCLUDE BI —ANNUAL INSPECTIONS BY THE LANDSCAPER, WITH NECESSARY TRIMMING OR REPLACEMENT AS NEEDED FOR PROPAGATION AND SURVIVAL. PLANT LIST SCIENTIFIC NAME CREEPING JUNIPER (Junipe us horizontalis) CREEPING THYME (Thymus serpyllum) LOWBUSH BLUEBERRY (Vacdnium angustifolium) ODANTTIY(±) HEIGHT WIDTH POT SIZE 15 12" 8'-10' 1-3 GALLON 50 3"-4" 1.5 SMALL 30 2-3' 2 1'-2 • STUMP OAK "BUSH" LIVE TREE 15 CREEPING JUNIPER 25-30 LOWBUSH BLUEBERRY • 40-50 CREEPING THYME SPACING COVERAGE (SQ.FT) 3'-5' 120-150 8"-10' 50-75 4-6' 60-120 SCALE 1" = 20' SHEET 1 OF 1 NOVEMBER 29, 2023 PLAN SHOWING PROPOSED MITIGATION FOR HONGYING XIE 104 CANOE POND DRIVE BREWSTER, MASS. SHOREFRONT CONSULTING 290 CENTER STREET DENNISPORT, MA 02639 508-280-8046 SHOREFRONTCONSULTING@GMAIL.COM O [rj O�Q�� C7 („)� �3m ACCESS AND WORK LIMIT PROPOSED 4'X20' SEASONAL DOCK (96 SQ. FT. TOTAL) 'PROPOSED LADDER 22.4 EX. PATH (BUFFER ZONE) 30� 25 20 28.1 /t_ "I, g al!: x 27,9 I, Ste ; 38.6 [ Ta x 42.8 6" Oak -Trimmed • x 4 4, 8 - 1 N/F 236.00' THOMAS M. & MICHELLE D. STRAUSS 114 CANOE POND ROAD P.O. BOX 2150 BREWSTER, MA 02631 MAP 24, PARCEL 59 PROPOSED LADDER PUBLIC ACCESS 4'X8' 4'X8' END OF DOCK PROPOSED 4'X8' FIXED DOCK SECTIONS (3) TOTAL, (96 SQ. FT. TOTAL) SEASONAL DOCK SECTION DETAIL 5 25 0 5 10 20 EX. PATH (3' OF BVW) EDGE OF BVW PUBLIC PASSAGE Around End of Dock 1"=10' SITE PLAN (EXISTING AND PROPOSED) LAND UNDER WATER BODY (GREAT POND) -"- DOCK EXTENDS 20' BEYOND BVW PROPOSED 4'x24' SEASONAL DOCK; DECK HEIGHT = 27.4'±; TOTAL SO.. FT. = 96 PROPOSED (2) 4'x8' SECTIONS i, PROPOSED LADDER PROPQSED (1) 4' !' E9EC1iON- 1 1- EXISflNG GRADE s'1-BELOW-OHW 0 10 20 SECTION A -A ELEVATION 5 2.5 0 5 10 20 60 240.00' 12" Pine 46.3 10" Pine • • Existing 4 Bedroom Dwelling Top of Foundation EL=51.9± HONGYING XIE TRUSTEE OF THE HONGYING XIE REVOCABLE TRUST - 2012 104 CANOE POND ROAD MAP 24, PARCEL 60 , __ . _,i -. 51.3 Step cGravel.W 1 / it' 51.31 L,TsT Qf x 51,i 7q x4.- ;x4811 1 d8 10 5 0 10 • • / Garage Slab EL=51.7± x 49.7 ___// J / 20 r /� 40 1"=20' 8' FOR ALL SECTIONS 2"0 ALUM. SUPPORT POLES 1" X 6" DECKING W/ 1/2" SPACING N/F JOHN P. FRACASSO JR. & ADELITA S. OREFICE 96 CANOE POND ROAD 28 FOSDYKE STREET PROVIDENCE, RI 02906 MAP 24, PARCEL 61 rExisting Gravel Area El 50,2 D x 55.3 ALUMINUM FRAME (TYP) 10-12" WIDE GROUND SUPPORTS (TYP) r _lr r-'� r I _ I011 --11.r r r a VENT �, I r r r -r r r r Ix 53.0/ r/ _ r r r 7 r / 4.8 i Or L --I i/ 53,2 W PROPOSED DOCK SECTION A -A PLAN VIEW 1 0 1 2 4 1"=2' 5 0 O 56,2 F I 0 ci 56,2 1V Pedistal Approximate Location of Existing Water Service e I `CB FND CONSTRUCTION NOTES: BENCHMARK: Top of Concrete Bound EL=57.3± (NAVD 1988 Datum) 1. ELEVATIONS REFER TO NAVD88. CONTACT SHOREFRONT CONSULTING FOR ADDITIONAL ELEVATION INFORMATION AS NEEDED. 2. CONSTRUCTION ACCESS SHALL BE VIA THE ACCESS ROUTE SHOWN ON THE PLAN AND DIRECTLY OVER THE APPLICANT'S PROPERTY. 3. THE WORK ACTIVITY SHALL OCCUPY A MINIMUM AREA TO ACCOMPLISH THE INSTALLATION OF THE SEASONAL DOCK. EQUIPMENT AND MATERIALS HANDLING SHALL BE IN ACCORDANCE WITH THE WORK PROTOCOL SUBMITTED WITH THE NOTICE OF INTENT, THE RESULTING ORDER OF CONDITIONS AND AS DIRECTED BY THE BREWSTER CONSERVATION AUTHORITIES. 4. ALL WORK SHALL BE ACCOMPLISHED FROM UPLAND ON THE APPLICAN'TS PROPERTY. THE DOCK SECTIONS CAN BE PRE -FABRICATED OFF SITE AND INSTALLED BY HAND IN THE LOCATION SHOWN. 5. ALL AREAS DISTURBED DURING INSTALLATION SHALL BE RETURNED TO THEIR RE -CONSTRUCTION CONDITION. ALL WORK SHALL BE INSPECTED BY SHOREFRONT CONSULTING AND RECEIVE APPROVAL BEFORE REMOVING EQUIPMENT FROM THE SITE. 6. THE ACCESS ROUTE AND WORK SITE SHALL BE CLEANED AND RESTORED TO RESEMBLE THE PRE -CONSTRUCTION CONTOURS AND CONDITIONS. 7. THE CONTRACTOR SHALL OBTAIN A COPY OF THE ORDER OF CONDITIONS ISSUED FOR THE PROJECT BY THE BREWSTER CONSERVATION COMMISSION PRIOR TO THE START OF ANY WORK. 8. ALL TIMBER USED FOR STRUCTURAL FRAMING (ABOVE THE WATER LINE) SHALL BE PRESSURE TREATED, ACQ, OR EQUAL AS APPROVED BY THE BREWSTER CONSERVATION COMMISSION. NO PRESSURE TREATED MATERAILS ARE ALLOWED IN THE WATER. 9.. ALL HARDWARE SHALL BE GALVANIZED OR STAINLESS STEEL, UNLESS OTHERWISE APPROVED BY THE OWNER OR SHOREFRONT CONSULTING. 10. THE DOCK IS TO BE INSTALLED SEASONALLY FROM MAY 15 UNTIL NOVEMBER 30. DOCK SECTIONS SHALL BE STORED ON THE APPLICAN'TS PROPERTY IN THE UPLAND, AND NOT IN THE RESOURCE AREA. 11. REFER TO SEPARATE SKETCH PLAN FOR MITIGATION PLANTINGS. Plan Book 249 Page 5 JOHN M. O'REILLY CIVIL r" 0. 36200 BREWSTER, MA NOT TO SCALE a MA �Oa ; tD Upper Mill Pond PLAN BOOK 249 DEED BOOK 33496 ASSESSORS' MAP 24 PAGE 5 PAGE 172 PARCEL 60 LEGEND OHW X -3.39 OBSERVED WATER LEVEL SPOT ELEVATION ELEVATION CONTOUR PROPERTY LINE TOP OF BANK BOTTOM OF BANK WETLAND FLAG e STUMP ® OAK "BUSH" LIVE TREE SURVEY NOTES: RECORD OWNER: HONGYING XIE TRUSTEE OF THE HONGYING XIE REVOCABLE TRUST - 2012 10 ESTABROOK ROAD WEST NEWTON, MA 02465 ASSESSORS MAP 24, PARCEL 60 DEED REFERENCE: BOOK 35279, PAGE 264 PLAN BOOK 249 PROPERTY LINES DEPICTED HEREON ARE BASED ON A FIELD SURVEY BY J.M O'REILLY AND ASSOCIATES, INC AND COMPILED FROM PLANS ON RECORD RECORDED IN THE BARNSTABLE COUNTY REGISTRY OF DEEDS. WETLAND RESOURCES SHOWN WERE FIELD IDENTIFIED BY BREWSTER CONSERVATION, AND SURVEYED BY J.M. O'REILLY AND ASSOCIATES, INC. DATUM FOR ALL ELEVATIONS = NAVD88 ORDINARY HIGH WATER = 27' NGVD (USGS) OBSERVED WATER LEVEL - 25.8' NAVD88 HISTORIC HIGH WATER = UNKNOWN THE PROJECT IS NOT WITHIN AN NHESP BOUNDARY AND IS NOT SUBJECT TO MESA REVIEW 1 10/27/23 CHANGE WETLAND LINE, ADD TREES AND STUMPS MCB HONGYING XIE 10 ESTABROOK ROAD, WEST NEWTON, MA 02645 PLAN SHOWING PROPOSED SEASONAL DOCK 104 CANOE POND DRIVE, BREWSTER, MA 02631 z§121 J.M. O'REILLY & ASSOCIATES, INC. �Dd Professional Engineering & Land Surveying Services 1573 Main Street - Route 6A P.O. Box 1773 (508)896-6601 Office Brewster, MA 02631 (508)896-6602 Fax 1"=10' G•\AAJobs\Wakdman -4458B -104 Canoe Pond Dr. Brewster\DWG\4458B.EXISTING CONDITIONs & PROFILE.dwg DATE: 9-7-22 SCALE: As Noted BY: BSH CHECK: MTF JOB NUMBER: J MO -44588 Archive d: Friday, December 8, 2023 3:27:18 PM From: SERO _NO I@MassMail.state.ma.us M ail re ce ive d time : Wed, 6 Dec 2023 17:56:00 Se nt: Wed, 6 Dec 2023 17:55:56 To: joreilly@jmoreillyassoc.com; nate.corcoran@mass.gov Cc: sero_noi@state.ma.us; William Grafton; William Grafton; William Grafton; Cassandra West; sero_noi@state.ma.us Subje ct: MassDEP NO I File Number Se ns itivity: Normal CO MMO NWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE O F ENERGY & ENVIRON MENTAL AFFAIRS DEPARTM ENT OF EN VIRONM ENTAL PROTECTION SO UTHEAST REGIO NAL O FFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 Date: 12/06/2023 Municipality BREWSTER RE: NOTIFICATION OF WETLAND S PROTECTION ACT FILE N UM BER 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 162 UNDERPASS, LLC Addre s s 76 AUNT SO PHIES ROAD,BREWSTER MA Locus 0 UNDERPASS RO AD, LOTS 2 & 3** , BREWSTER MA Owne r Addre s s This project has been assigned the following file # : SE 009-1962 ISSUAN CE OF A FILE N UMBER INDICATES ON LY CO MPLETENESS O F SUBMITTAL, N OT APPROVAL OF APPLICATION Although a file # is being issued, please note the following: Regards, for MassDEP, (508)-946-2723 N ate.Corcoran@mass.gov 8c. .ASSOCIATES, INC. PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting November 22, 2023 J MO -6125A Brewster Conservation Commission 1657 Main Street Brewster, MA 02631 RE: Notice of Intent Application 0 Underpass Road Lots 2 & 3 Assessor's Map 77, Parcels 10 & 60 Applicant: 162 Underpass LLC Owners: Lot 2 —162 Underpass, LLC Lot 3 —162 Underpass, LLC and The Free Sea Turtle, LLC Dear Commission Members, On behalf of our client, 162 Underpass LLC, J.M. O'REILLY & ASSOCIATES, INC is submitting the enclosed package, including the Notice of Intent, Site Plan, Landscape Plan and other associated paperwork for the approval of the proposed commercial bay building with apartment at the above referenced parcel. History: 162 Underpass LLC along with The Free Sea Turtle LLC, are moving forward with the development of parcels formerly known as 162 Underpass Road. Over the past year, the two LLCs have worked with the Commission and Town of Brewster Planning Department to begin the development of the former 162 Underpass Road site. The former 162 Underpass Road parcel was subject to an Order of Conditions (SE 9-1920) to allow the site cleanup of the former contractor's yard (Peter's Excavating). The Order of Conditions delineated a limit of future disturbance to 55 feet from the wetland resource. The 55 foot setback allowed for the site cleanup to occur while protecting the resource areas. In the process of the site cleanup, the required excavation expanded beyond the original intent of the Order of Conditions. As a result of the existing site conditions, both LLCs sought and obtained an Amended Order of Conditions (AOOC SE 9-1920), Spring 2023. Along with the Amended Order of Conditions, the owners sought and obtained a stormwater permit which in turn along with the AOOC allowed for the additional clearing and excavation as needed. The stormwater permit was limited to site grading and excavating as the required disturbed areas exceeded the limitations outlined in the Stormwater 1573 MAIN STREET, P.O. Box 1773, BREWSTER, MA 02631 • PHONE: (508) 896-6601 • FAX: (5o8) 896-6602 WWW.JMOREILLYASSOC.COM Regulations permit thresholds. The Commission granted the Stormwater Permit to allow the site cleanup to continue and be completed, (SWMC2023-01). The two owners also sought and obtained a division of the original parcel into 5 lots. A copy of the Approval Not Required (ANR) plan is attached for your review. Lot 1— Owned by The Free Sea Turtle, LLC Lot 2 — Owned by 162 Underpass, LLC (LOCUS SITE) Lot 3 — Owned by both LLCs, currently. (unbuildable) Lots 4 & 5 — Owned by both LLC's, currently. (both unbuildable) After a review of the zoning for Lots 2 and 3 (Locus Lot) with the Town Planner it was determined that Lot 3 would need to be joined with Lot 2 as it cannot be held separately from the use on Lot 2. As a result of the determination, the two owners will seek to remove the common property line between Lots 2 and 3. The Plan will be prepared and submitted as part of the Planning Board's review of the Commercial Development under a Site Plan Review process. Wetland Resources: Please refer to the Orders of Conditions for the wetland resource information. The locus site borders on a Bordering Vegetated Wetland (BVW). The wetland was flagged by Paul Shea of Independent Environmental Consultants and located by Moran Engineering. Please refer to the Site Plan and SE 9-1920 for the location of the flagging and edge of wetland resources. Project Narrative: The project proposes to construct a steel fabricated commercial building along with the associated paving, site utilities and a gravel area. The proposed building, located on Lot 2, will contain 5 commercial bays (50' X 20' Bays) and a 2 bedroom apartment. The building will be served by a paved parking area which will be shared with the use to the south (Parcel 9). The use of the commercial building with contractor trades spaces (Use #1 under Wholesale, manufacturing and industrial, Use Table 1). The rear portion of the site (Lot 3) will be used as equipment and material storage in association with the trades. The Plan shows the areas of the equipment storage along with material bins. The bins will store materials such as gravel, mulch, clean sand and process stone. The equipment and material storage are associated with the trades within the proposed building. As noted above regarding combining Lots 2 and 3, the use of the rear lot in conjunction with the front lot cannot happen per zoning and is the reason the two lots need to be combined. The building is proposed beyond the established limit of work boundary and is proposed to be 60 feet from the closest wetland boundary. The building will be supported by a slab foundation which allows for the building to be sited 60 feet from the resource while maintaining the established limit of work line. 2 The roof runoff will be handled through a system gutters, downspouts and a perimeter drain. The drain will then be connected to a proposed manhole of the larger stormwater system serving all three lots (Lots, 1, 2 and 3). The larger stormwater system is designed in accordance with BOTH the MA Stormwater Regulations and the Town of Brewster Stormwater Regulations. The formal Stormwater Permit will be submitted to the Planning Board as part of the Site Plan Review Process for the locus property and Lot 1. The stormwater design includes a bio-retention basin with underdrain to a subsurface leaching facility. The design calls for the entire paved portion of the locus project to be drained into and through the Bio-retention basin. The Basin along with the infiltration galley will provide a TSS reduction of about 94% with the Basin itself proving almost 70 % of the reduction. The stormwater from the rear gravel area will be handled by a set of deep sump catch basins with hoods, an oil/grit separator and then the infiltration galley. The TSS removal from all three devices is about 89% with the catch basins and the oil/grit separator providing an initial 44% removal. The site grading has been designed to pitch all the stormwater away from the established work limit line. The grade of the material bids will be pitched back to the two catch basins. The paved portion of the parking area is also pitch away from the building and towards the centrally located bio-retention basin. The disturbed areas will be planted and stabilized in accordance with the landscape plan as prepared by Phil Cheney. As part of the landscape proposal, the plan calls for the relocation of mitigation plantings, previously approved in the older SE 9-1920. The location of the plants, as proposed on the Cheney plan, provides a better opportunity of success in establishing the approved mitigation plantings. The relocation of the Plantings was completed at the request of the Commission's agent. Please refer to the Site Pan and the Landscape Plan for additional details. Mitigation: The project does not provide the typical mitigation associated with new construction applications. The Applicant would like the Commission to consider the following in the review of the project: • The property was not a vacant and undisturbed site. The property was once a contractor yard, and the Applicant has made substantial steps to resolve some site issues from the former use. 3 • The site will retain the established limit of work at 55 feet from the wetland resource. The additional 5 feet of undisturbed buffer over the entire boundary is about 2,250 sf of additional protection. • The site is proposed to be graded away from the resource areas and into stormwater control devices. • The disturbed areas, beyond the proposed improvements and up to the established limit of work line will be revegetated with native plants and grasses. The disturbed area between the proposed building and paved parking is about 7,000 sf. It is the opinion of J.M. O'REILLY & ASSOCIATES, INC., that the project can be approved with conditions. We would anticipate two of those conditions are: 1. Prior to starting any work, the project must obtain a Major Stormwater Permit from the Town of Brewster Planning Board. 2. An Approval Not Required Plan be submitted to the Town to combine Lots 2 and 3. A copy of the recorded ANR Plan shall be provided to the Commission. We look forward to meeting with the Commission on December 12, 2023. In the meantime, if you have any questions please feel free to contact me directly. Yours truly, J.M. O'REILLY & ASSOCIATES, INC. John M. O'Reilly, P.E., P. Principal CC: Client MA DEP 4 4 LI Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 4o 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 Brewster City/Town A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 0 Underpass Road (Lots 2 and 3) Brewster a. Street Address Latitude and Longitude: d. Latitude 77 10 & 60 f. Assessors Map/Plat Number 2. Applicant: Charles a. First Name 162 Underpass,LLC c. Organization 76 Aunt Sophies Road d. Street Address Brewster MA b. City/Town 41.760570 02631 c. Zip Code -70.066790 e. Longitude g Parcel /Lot Number Whitcomb b. Last Name e. City/Town 774-722-7382 h. Phone Number f. State cwhitcomb80@icloud.com 02631 g. Zip Code i. Fax Number j. Email Address 3. Property owner (required if different from applicant): SEE ATTACHMENT a. First Name ❑ Check if more than one owner b. Last Name c. Organization d. Street Address e. City/Town h. Phone Number 4. Representative (if any): John f. State g. Zip Code i. Fax Number j. Email address O'Reilly a. First Name b. Last Name J.M. O'Reilly & Associates, Inc. c. Company 1573 Main St., P.O. Box 1773 d. Street Address Brewster e. City/Town 508-896-6601 508-896-6602 h. Phone Number i. Fax Number MA f. State joreilly@jmoreillyassoc.com j. Email address 02631 g. Zip Code 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 1050.00 a. Total Fee Paid 512.50 b. State Fee Paid 537.50 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster Cityfrown A. General Information (continued) 6. General Project Description: Project proposes to construct a commercial bay buildng (5 bays) with a 2 bedroom apartment. Project also includes, constuction of the associated parking, landscape, drainage, sewage system and utilites. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ❑ Single Family Home 2. 0 Residential Subdivision 3. ® Commercial/Industrial 4. 0 Dock/Pier 5. 0 Utilities 6. 0 Coastal engineering Structure 7. 0 Agriculture (e.g., cranberries, forestry) 8. 0 Transportation 9. 0 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. El 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 35532 and 35100 c. Book d. Page Number b. Certificate # (if registered land) 93 (Lot 2) and 13 (Lot 3) 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. 0 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 LI 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 Numbe Document Transaction Number Brewster City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area a. ❑ Bank b. ❑ Bordering Vegetated Wetland c. ❑ Land Under Waterbodies and Waterways Resource Area d. ❑ Bordering Land Subject to Flooding Size of Proposed Alteration Proposed Replacement (if any) 1. linear feet 2. linear feet 1. square feet 2. square feet 1. square feet 2. square fee 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. 0 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 Brewster City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below b. ❑ Land Under the Ocean c. ❑ Barrier Beach d. ❑ Coastal Beaches e. ❑ Coastal Dunes f. ❑ Coastal Banks g. ❑ Rocky Intertidal Shores h. ❑ Salt Marshes i. El Land Under Salt Ponds j. ❑ 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 feel 2. sq ft restoration, rehab., creation 1. square feel 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 b. square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists — Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to a. ❑ Yes ® No MA Mapper 9/14/23 b. Date of map http:/lmaps.massgis.state.ma.us/PRI ES I HAl3/viewer.htm If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify fora streamlined, 30 -day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review* 1. ❑ Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 2. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work `* (a) ❑ Project description (including description of impacts outside of wetland resource area & buffer zone) (b) ❑ Photographs representative of the site * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state -listed plants and strictly upland species not protected by the Wetlands Protection Act. ** MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 LI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements (cont'd) (c) ❑ MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) ❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www. mass.gov/service-details/exemptions-from-review-for-proiectsactivities-i n - 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 LI 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 Numbe Document Transaction Number Brewster 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. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. ❑ Yes ® No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. ❑ Yes ® No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ® Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k) -(q) and check if: 1. ❑ Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ® A portion of the site constitutes redevelopment 3. 9 Proprietary BMPs are included in the Stormwater Management System. b. ❑ No. Check why the project is exempt: I. ❑ 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. 0 Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVWj 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 LI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town D. Additional Information (cont'd) 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Proposed Site & Sewage Disposal Plan a. Plan Title J.M. O'REILLY & ASSOCIATES John O'Reilly, P.E., P.L.S. b. Prepared By 11-22-2023 d. Final Revision Date e. Scale Landscape Plan by Phil Cheney 11-20-2023 f. Additional Plan or Document Title g. Date c. Signed and Stamped by 1"=30' 5. ® If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. 9 Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. ® Attach NOI Wetland Fee Transmittal Form 9. ® Attach Stormwater Report, if needed. E. Fees 1. 9 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: 13150 11-22-2023 2. Municipal Check Number 3. Check date 13151 11-22-2023 4. State Check Number 5. Check date J.M. O'Reilly & Associates,Inc. 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc • rev. 6/18/2020 Page 8 of 9 November 22, 2023 RE: 162 Underpass LLC — Notice of Intent Application 0 Underpass Road (Lots 2 and 3), Map 77 / Parcels 10 and 60 Owners: Lots 2 & 3: 162 Underpass LLC c/o Charles Whitcomb 76 Aunt Sophies Road Brewster, MA 02631 Lot 3: The Free Sea Turtle LLC c/o Paul Wallace 21 Crosby Lane Brewster, MA 02631 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of Applicafit 3. Signature of Property Owner (if different) 5 Signal caigp sent a tive (if any) /i/vb,i,;,‘ 2. Date 4. Date 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. 6/1812020 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. 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: 0 Underpass Road a. Street Address 1 )5J c. Check number 2. Applicant Mailing Address: Charles a. First Name 162 Underpass LLC c. Organization 76 Aunt Sophies Road d. Mailing Address Brewster Brewster b. City/Town 2.50 d. Fee amount Whitcomb b. Last Name e. City/Town 774-722-7382 h. Phone Number i. Fax Number 3. Property Owner (if different): MA f. State cwhitcomb80@icloud.com j. Email Address 02631 g. Zip Code 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 Step 2/Number Step of Activities 3/Individual Activity Fee 3B 1 1050.00 Step 4/Subtotal Activity Fee 1050.00 Step 5/Total Project Fee: 1050.00 Step 61Fee Payments: Total Project Fee: State share of filing Fee: City/Town share of filling Fee: 1050.00 a. Total Fee from Step 5 512.50 b. 1/2 Total Fee less $12.50 537.50 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.) nolteetftloc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Code of the Town of Brewster Wetlands Protection Chapter 172 Brewster Wetlands Protection By-law Wetlands Fee Transmittal Form Fee Categories The fee must be calculated using the following process and worksheet and included in the Notice of Intent or Abbreviated Notice of Resource Area Delineation Application: Step 1/Type of Activity: Describe each type of activity (from the Category of Activities and Fees) which will occur in a wetland resource area and buffer zone. If a variance is requested, add "w/var." - for example: Cat. 1a): work on a single family lot: addition w/var. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify the fee associated with each type of activity using the categories of projects and fees listed. Add applicable variance fee for each activity requiring a variance. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Step 5/Total Project Fee: Determine the total BWP By-law fee for the project by adding the subtotal amounts identified in Step 4. Step 6/Consultant Advisory Fee: Add $250 for consultant file review Step 7/Advertising Fee: Add $15 for advertising Step 8/Processing and Mailing Fee: Add $20 for processing and mailing Step 9/Town Portion of State Fee: Amount calculated in Massachusetts NOI Wetland Fee Transmittal Form, WPA Form 3. Step 10/Total Paid to the Town of Brewster: Total of By-law fee, consultant fee, advertising fee, processing & mailing fee, and town portion of state fee. Make checks payable to the Town of Brewster. Step 1 Step 2 Step 3 Step 4 Type of Activity Number of Individual Subtotal Activities Activity Fee CAT3B 1 750.00 750.00 NOI 2011 Step 5/Total BWP By-law Project Fee: Step 6/Consultant Advisory Fee: Step 7/Advertising Fee: Step 8/Processing & Mailing Fee: Step 9/Town Portion of State Fee: Step 10/Total Paid to the Town of Brewster: $ 750.00 $ $ 15.00 $ 20.00 $ 537.50 $ 1322.50 Submit only this page of the Fee Schedule with the Notice of Intent. Brewster Conservation Commission Notice of Intent Addendum Brewster Wetlands Protection By-law Chapter 172 Within 100 feet of the following - check all applicable resource areas: Coastal Wetlands ❑ Coastal Bank Coastal Dune Coastal Beach Coastal Marsh Flat Ocean Estuary Land Subject to Flooding or Inundation by Tidal Action Land Subject to Flooding by Coastal Storm Flowage Inland Wetlands n Inland Bank n n C 0 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-lawNotice of intent Addendum Are you proposing an activity on land within 50 feet of any resource area protected under the Town of Brewster Wetlands Protection By-law? n Yes 111N 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 N/A C.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? L Yes 1-7 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 N/A Brewster Wetlands Protection By-lawNotice of Intent Addendum TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM Date: 11/22/2023 Project: New Commercial Building Location: 0 Underpass Road (Lots 2 and 3), Parcel 10 & 60, Map 77 Property Owner: 162 Underpass Road LLC 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: �m Please Print Name: John M. O'Reilly, P.E., P.L. Date: 11/22/2023 If other than owner, please state whether tenant, agent, or other: Agent Mailing Address: Phone: 508-896-6601 Cell: J.M. O'REILLY & ASSOCIATES, INC. P.O. Box 1773 Brewster, MA 02631 Email: joreilly@jmoreillyassoc.com Fax: 508-896-6602 Brewster Conservation Commission Code of the Town of Brewster Chapter 172 Notice to Abutters Date: 11/22/2023 To: Abutters of property located at 0 Underpass Rd (Lots 2 and 3) Assessors' Map 77 Parcel 10 & 60 Owner of Property 162 Underpass LLC Applicant (if different from owner) or Representative: Same Permit Application Type: ® Notice of Intent, Request for Amended Order of Conditions, Abbreviated Notice of Resource Area Delineation ❑ Request for Determination of Applicability 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 for a proposed project. The project includes the following: Construct a commercial bay building with apartment. Project involves installation of paving, drainage and utilities. The proposed work will occur within 55 feet of: • Inland Wetlands El Coastal Wetlands El The project is proposed to occur within an Inland Wetland. El The project is proposed to occur within a Coastal Wetland. The information and plans for the project may be reviewed between Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays at the Conservation Office, Brewster Department of Natural Resources, 1657 Main Street. A public hearing will be held Tuesday December 12 , 2023 at 6:00 PM. Starting on March 1, 2023, the public is allowed to participate in person or by remote means. The hearing notice will be publicized in the Cape Codder Newspaper no less than (5) five days prior to the hearing. If you have questions, please call the Brewster Conservation Office at (508)896-4546 x4243. Sincerely, John M. O'Reilly, P.E., P.L.S. Applicant/Representative for Applicant Rev 2/16/2023 CS Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 77/61/0 and others Owner Location Mailing Street Mailing City 0 MAIN 77/59/0 2298 MAIN STREE 76/22/0 78/140/1 STREET RE7AZ t A ~' 84 ND PASS_RAD 1 ` r 77/11/0 177/18/0 DERPb ERCIf}L TREET -� 7/61/0 and olh 0 NDERPASS R lames M. Gallagher, MAA Deputy Assessor Key Parcel ID 14088 76-22-0-E BREWSTER TOWN OF (16.80-2) (STONYBROOK ELEMENTARY SCHOOL) 384 UNDERPASS ROAD 384 UNDERPASS ROAD BREWSTER ST ZipCd/Country MA 02631 2984 77-9-0-R THE FREE SEA TURTLE LLC (26-10 & 105) 162 UNDERPASS ROAD 21 CROSBY LANE BREWSTER MA 02631 3118 77-10-0-R 162 UNDERPASS LLC (26-10 & 105) 0 UNDERPASS ROAD 76 AUNT SOPHIES ROAD BREWSTER MA 02631 2983 77-11-0-E BREWSTER CONSERVATION TRUST 0 UNDERPASS ROAD 36 RED TOP ROAD (26-8) TRUSTEES BREWSTER MA 02631 2975 77-13-0-R MIAMI STUFF LLC (26-7) 84 UNDERPASS ROAD PO BOX 128 SOUTH HARWICH MA 02661 3284 77-18-0-R PARKS RAYMOND M (27-17-1) 3-11 COMMERCIAL STREET 76 MARLBORO ROAD BREWSTER MA 02631 3283 77-29-0-R MACGREGOR J BRUCE (27-17) 155 UNDERPASS ROAD P 0 BOX 1959 BREWSTER MA 02631 3291 77-30-0-R (27-18) KRIKORIAN ENTERPRISES, LLC 169 UNDERPASS ROAD P 0 BOX 1200 BREWSTER MA 02631 13060 77-50-0-R TULLOCH ROBERT S TRUSTEE (26-210) J & .1 REVOCABBE TRUST 0 SARA ANN LANE P 0 BOX 1331 E. ORLEANS MA 02643 12643 77-53-0-R KEYES ENTERPRISES LLC (26-201) 10 SARA ANN LANE 133 TONSET ROAD ORLEANS MA 02653 13061 77-54-0-R TULLOCH ROBERT S TRUSTEE 32 SARA ANN LANE PO BOX 1331 (26-209) J & J REVOCABLE TRUST EAST ORLEANS MA 02643 14087 77-58-0-E BREWSTER TOWN OF (16-80-1) (EDDY ELEMENTARY SCHOOL) 2298 MAIN STREET 2298 MAIN STREET BREWSTER MA 02631 17371 7759.0-R 162 UNDERPASS LLC 8. (26-10) THE FREE SEA TURTLE LLC 0 UNDERPASS ROAD 76 AUNT SOPHIES ROAD BREWSTER MA 02631 17372 77-60-0-R 162 UNDERPASS LLC & (26-10) THE FREE SEA TURTLE LLC 0 UNDERPASS ROAD 76 AUNT SOPHIES ROAD BREWSTER MA 02631 17373 77-61-0-R 162 UNDERPASS LLC & 0 UNDERPASS ROAD 76 AUNT SOPHIES ROAD BREWSTER MA 02631 (26-10) THE FREE SEA TURTLE LLC 10/31/2023 Page 1 Key Parcel ID Ovmer Location Mailing Street Mailing City ST ZjOtl/Country_ 15532 78-140-0-E (16-83) BREWSTER CONSERVATION TRUST TRUSTEES 0 MAIN STREET REAR 36 RED TOP ROAD BREWSTER MA 02631 10/31/2023 Page 2 CERTIFIED MAIL° RECEIPT Domestic Mail Only CERTIFIED MAIL° RECEIPT Domestic Mail Only PS Faun 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions ni m ri _A $ Extra Services & Fees (check bay add fee as apprmdate) 0 Return (t copY) $ O ❑ Return o ❑Certified t (elecnonic) 5 Rest6ctRequI3MY Z 2 2023 - ❑Aduf Restricted Delivery $ ri Potaarv+ W To rU nJ O N Si BREWSTE (STONYBROOK ELEMENTARY/SCHOOL) S 384 UNDERPASS ROAD BREWSTER, MA 02631 U.S. Postal Service'' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'. OFFICIAL USE Certified Mail Fee Postmark Here 76-22-0-E PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only BREWST TRUSTEES 36 RED TOP ROAD BREWSTER, MA 02631 PS Fomi'3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Lrj r9 DODO 6143 O r4 ru ru n -I N For delivery information, visit our website at www.usps.com Certified Mail OFeeFFICIAL USE m m m r1 .� $ Extra Sem O ❑Return O [] Return CI ['Certified O ❑Adult ❑Ad,lt sap Extra Services & Fees (check ❑ Return Receipt (hardcopy) ❑ Return Receipt (el ❑ Certified Mail R ❑Adult Signature Reap ❑ Adult Signature Di Pnatana MA ER'" �\ 20 Rive E Lakeville, M 02347 ostmark Here See Reverse for Instructions P$ Form 3800, April 2015 PSN 7530-02-000-9047 U.S. Postal Servicer" CERTIFIED MAIL° RECEIPT Domestic Mail Only ✓ i nJ n -I ru 0 N 0000 6143 Postage THE FREE SEA TURTLE LLC 21 CROSBY LANE BREWSTER, MA 02631 Postmark Here 77-9-0-R r, uhf Z5A- late— PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for Instructions U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only Certified Mail Fee Extra Services & ees ( box, odd fee as appropriate)} ❑ Return ne—k- (5aroconi 0 V $ ❑ Ream Recelal (ereetro a $� of n ❑ Cenufied Mall Iikeuncied Delivery $ ❑Adufsignabr e $ ❑ Adult Signature wi Delivery $ MIAMI STUFF LLC PO BOX 128 SOUTH HARWICH, MA 02661 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions CERTIFIED MAIL° RECEIPT_ Domestic Mail Only O CERTIFIED MAIL° RECEIPT Domestic Mail Only ru rU ci N For delivery information, visit our website at www.usps.com". OFF Certified Mail Fee Extra Services Fees -box, add ree as app mate) ❑ Return Rec iT py) S ❑ Return R pt4 $ o Certified ° 22 2023 ❑Adults, l cU ❑ Adult sign wry tined Delivery $ 1 PARKS RAYMOt7 p� 76 MARLBORO ROAD BREWSTER, MA 02631 USE Postmark Here 77-18-0-R PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Ui IT' 0 m a 0 O O ti r9 ru ru ✓ u 0 N U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only Postage 77-30-0-R KRIKORIAN ENTERPRISES, LLC P 0 BOX 1200 BREWSTER, MA 02631 PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com. OFFIC4& L U S E Certified Mall Fee $ Extra Services & F ❑ Return Receipt II ❑ Return Receipt (r ❑ Certified Mall Re ❑ Adult Signature F 0 Adult Signature F Postage 5 T TULLOCH RO J R J REVOCALBE1' t 1 PO BOX 1331 E. ORLEANS, MA 02643 Postmark Here '50-0-R See Reverse for Instructions vAte PS Form 3800, April 2015 PSN 7530-02-000-9047 m rH ..D O O O O RJ O N 0410 0000 6143 ru ru O N Ui ru r9 m —D O O 0 O O ru ru ru O N MACGREGOR J PO BOX 1959 BREWSTER, MA 02631 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal ServiceTm CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com"' KEYES ENTERPRISES LLC 133 TONSET ROAD ORLEANS, MA 02653 Postmark Here 7-53-0-R C/l5 Fern, 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal Service'' CERTIFIED MAIL° RECEIPT Domestic Mail Only .nn For deliver information. vrsii our websiis at www.usps.com . Certified Mail Fee Extra Services & ❑ Return Receipt ❑ Return Receipt ❑ Certified MOP ['Adult Signature ['Adult Signature Postage 11 S STEER, BREWSTER TOWN OF (EDDY ELEMENTARY SCHOOL) 2298 MAIN STREET BREWSTER, MA 02631 USE Postmark Here 77-58-0-E zp- PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Ili m m 1-1 _n 1-9 0 0 O O O ru ru ru 0 N CERTIFIED MAIL° RECEIPT Domestic Mail Only Postmark Here 162 UNDERPASS LLC & THE FREE SEA TURTLE LLC 76 AUNT SOPHIES ROAD BREWSTER, MA 02631 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com 162 UNDERPASS LLC 76 AUNT SOPHIES ROAD BREWSTER, MA 02631 PS Form 3800, April 2015 PSN 7530-02-000.9047 See Reverse for Instructions 76-22-0-E 77-9-0-R 77-10-0-R BREWSTER TOWN OF (STONYBROOK ELEMENTARY SCHOOL) 384 UNDERPASS ROAD BREWSTER, MA 02631 77-11-0-E BREWSTER CONSERVATION TRUST TRUSTEES 36 RED TOP ROAD BREWSTER, MA 02631 MACGREGOR J BRUCE P 0 BOX 1959 BREWSTER, MA 02631 KEYES ENTERPRISES LLC 133 TONSET ROAD ORLEANS, MA 02653 162 UNDERPASS LLC & THE FREE SEA TURTLE LLC 76 AUNT SOPHIES ROAD BREWSTER, MA 02631 77-29-0-R 77-53-0-R 77-59-0-R 78-140-0-E BREWSTER CONSERVATION TRUST TRUSTEES 36 RED TOP ROAD BREWSTER, MA 02631 THE FREE SEA TURTLE LLC 21 CROSBY LANE BREWSTER, MA 02631 MIAMI STUFF LLC PO BOX 128 SOUTH HARWICH, MA 02661 KRIKORIAN ENTERPRISES, LLC P 0 BOX 1200 BREWSTER, MA 02631 TULLOCH ROBERT S TRUSTEE J & J REVOCABLE TRUST PO BOX 1331 EAST ORLEANS, MA 02643 162 UNDERPASS LLC & THE FREE SEA TURTLE LLC 76 AUNT SOPHIES ROAD BREWSTER, MA 02631 77-13-0-R 77-30-0-R 77-54-0-R 77-60-0-R 162 UNDERPASS LLC 76 AUNT SOPHIES ROAD BREWSTER, MA 02631 PARKS RAYMOND M 76 MARLBORO ROAD BREWSTER, MA 02631 TULLOCH ROBERT S TRUSTEE J & J REVOCALBE TRUST PO BOX 1331 E. ORLEANS, MA 02643 BREWSTER TOWN OF (EDDY ELEMENTARY SCHOOL) 2298 MAIN STREET BREWSTER, MA 02631 162 UNDERPASS LLC & THE FREE SEA TURTLE LLC 76 AUNT SOPHIES ROAD BREWSTER, MA 02631 77-18-0-R 77-50-0-R 77-58-0-E 77-61-0-R MA Map 162 Underpass Eddy Elementary School 11 3 113 N 1:2. 257 30rt: 150 ft 213 179 fssMapper Leaflet 1,+assGtS Property Tax Parcels USGS 162 Underpass if A N 1 _.51< S0 m 260 ft • Mass Mapper ,,. Leaflet I MassGIS USGS Topographic Maps Property Tax Parcels KEY MA P OWNERS OF RECORD: THOME SCA TAM . UE ]03 UNOL 0•SS UC 060 MC C 3,1641ROC11 LEGEND Co . CWCRELC BWNO R HO FUND • oAI U. NOTE S STTP TA W M MONISM 0 1009.006 NNNN OME TO IODU D UO BOO K 351. RAG E T7 NBBNNNA LLVE NMOOM'WNC[ WTI IDNING K OOVID1GNSNAS ECN MN R005160 012(0 SINU TN[ PUR PO SE W TIN NN N 70 N W DC TXC Ma l AS SHOWN ON FLAN 100[04 Pa T. DOO M UM talS SANO3 MIOVIOC WC MWIAO FNMA & MIOLOTAACA LOT ISWIttOtOR MMN UIIWN C UILANO W ILL M U9 UNDEIOM =IMO; LOT.O NO EA CMAW=PMCU5 LOT WI TOUCCM AA01MON OI TO AN D Witt0 WHOM WITH FMC. SA ON SW MINIANC UR fON MA WND M 100 OM 70 U.OI M Mil A1wc e APPROVAL UNDER THE SUBDIVISION CONTROL LAW IS NOT REQUIRED BREWSTER PLANNING BOARD ZONING TABLE 111.11 11.2011. WINIDNIM 41711.4 AFT Sl at AN.. MANIOC. VW ' LOT 4 ThA- CA Nr.r mA w 11 1 ALW WLLTRUST . mrMTu uuw....11 0320110 MAIM, MNaLM DUO 100511131 HALM IPIWSTERCN OLMAINLmWT ASNSAM WPM NMQLu ME D GOOK 310E WARC mnn +rumee ttc n 1050 00AMn14. 10.3,14. 10.3MO 00001733E MOE. z Cp 7S V1 SQ FOR RE GISTRY USE ONLY I CE/RI FY TWO TNIS PL AN WAS PROMO IN ACCORDANCE WITH T HE RU US AN0 REGULMIONS OF THE REGISTMRS OF 0E1E6 EFFECTIVE JANUARY 1, 19750 0 AMENOEDLW U NIT 7. SSTR PLAN OF LAND BREWSTER. MASSACHUSETTS 162 UNDERPASS ROAD AR THE FREE SEA TURTLE, U .0 162 UNDERPASS, LLC O 30 60 30 C 8011,1 7 OflANSAAO22 ht. In J.M . O'REILLY & ASSOCIATES , INC. 1577 M AI N 9TREEy P.O. SOT 1773 BREWSTER. MASSACNUSETTS 0201 PHO NE:150Q 0764201 W W WJM OREILLYASS000M MAVN6: MC OAMLUCL Q3UVD W 016]!11 M. NANO.0 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report B. Stormwater Checklist and Certification The following checklist is intended to serve as a guide for applicants as to the elements that ordinarily need to be addressed in a complete Stormwater Report. The checklist is also intended to provide conservation commissions and other reviewing authorities with a summary of the components necessary for a comprehensive Stormwater Report that addresses the ten Stormwater Standards. Note: Because stormwater requirements vary from project to project, it is possible that a complete Stormwater Report may not include information on some of the subjects specified in the Checklist. If it is determined that a specific item does not apply to the project under review, please note that the item is not applicable (N.A.) and provide the reasons for that determination. A complete checklist must include the Certification set forth below signed by the Registered Professional Engineer who prepared the Stormwater Report. Registered Professional Engineer's Certification I have reviewed the Stormwater Report, including the soil evaluation, computations, Long-term Pollution Prevention Plan, the Construction Period Erosion and Sedimentation Control Plan (if included), the Long- term Post -Construction Operation and Maintenance Plan, the Illicit Discharge Compliance Statement (if included) and the plans showing the stormwater management system, and have determined that they have been prepared in accordance with the requirements of the Stormwater Management Standards as further elaborated by the Massachusetts Stormwater Handbook. I have also determined that the information presented in the Stormwater Checklist is accurate and that the information presented in the Stormwater Report accurately reflects conditions at the site as of the date of this permit application. Registered Professional Engineer Block and Signature Z.2o23 Signature and DM Checklist Project Type: Is the application for new development, redevelopment, or a mix of new and redevelopment? ❑ New development ❑ Redevelopment ® Mix of New Development and Redevelopment 6125A.Stormwater Check List • 04/01/08 Stormwater Report Checklist • Page 2 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) LID Measures: Stormwater Standards require LID measures to be considered. Document what environmentally sensitive design and LID Techniques were considered during the planning and design of the project: ® No disturbance to any Wetland Resource Areas ® Site Design Practices (e.g. clustered development, reduced frontage setbacks) El Reduced Impervious Area (Redevelopment Only) ® Minimizing disturbance to existing trees and shrubs ❑ LID Site Design Credit Requested: ❑ Credit 1 ❑ Credit 2 ❑ Credit 3 El Use of "country drainage" versus curb and gutter conveyance and pipe Bioretention Cells (includes Rain Gardens) ❑ Constructed Stormwater Wetlands (includes Gravel Wetlands designs) ❑ Treebox Filter ❑ Water Quality Swale ❑ Grass Channel ❑ Green Roof ® Other (describe): Deep sump catch basins, oil/grit separater & subsurface leaching galleys Standard 1: No New Untreated Discharges ® No new untreated discharges ® Outlets have been designed so there is no erosion or scour to wetlands and waters of the Commonwealth ® Supporting calculations specified in Volume 3 of the Massachusetts Stormwater Handbook included. 6125A.Stormwater Check List • 04/01/08 Stormwater Report Checklist • Page 3 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 2: Peak Rate Attenuation ❑ Standard 2 waiver requested because the project is located in land subject to coastal storm flowage and stormwater discharge is to a wetland subject to coastal flooding. • Evaluation provided to determine whether off -site flooding increases during the 100 -year 24 -hour storm. ❑ Calculations provided to show that post -development peak discharge rates do not exceed pre - development rates for the 2 -year and 10 -year 24 -hour storms. If evaluation shows that off -site flooding increases during the 100 -year 24 -hour storm, calculations are also provided to show that post -development peak discharge rates do not exceed pre -development rates for the 100 -year 24 - hour storm. Standard 3: Recharge • Soil Analysis provided. ® Required Recharge Volume calculation provided. ❑ Required Recharge volume reduced through use of the LID site Design Credits. ® Sizing the infiltration, BMPs is based on the following method: Check the method used. ❑ Static ® Simple Dynamic ❑ Dynamic Field' ® Runoff from all impervious areas at the site discharging to the infiltration BMP. ❑ Runoff from all impervious areas at the site is not discharging to the infiltration BMP and calculations are provided showing that the drainage area contributing runoff to the infiltration BMPs is sufficient to generate the required recharge volume. ® Recharge BMPs have been sized to infiltrate the Required Recharge Volume. ❑ Recharge BMPs have been sized to infiltrate the Required Recharge Volume only to the maximum extent practicable for the following reason: ❑ Site is comprised solely of C and D soils and/or bedrock at the land surface ❑ M.G.L. c. 21 E sites pursuant to 310 CMR 40.0000 ❑ Solid Waste Landfill pursuant to 310 CMR 19.000 ❑ Project is otherwise subject to Stormwater Management Standards only to the maximum extent practicable. Calculations showing that the infiltration BMPs will drain in 72 hours are provided. Property includes a M.G.L. c. 21E site or a solid waste landfill and a mounding analysis is included. ' 80% TSS removal is required prior to discharge to infiltration BMP if Dynamic Field method is used. 6125A.Stormwater Check List • 04/01/08 Stormwater Report Checklist • Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 3: Recharge (continued) ❑ The infiltration BMP is used to attenuate peak flows during storms greater than or equal to the 10 - year 24 -hour storm and separation to seasonal high groundwater is less than 4 feet and a mounding analysis is provided. ❑ Documentation is provided showing that infiltration BMPs do not adversely impact nearby wetland resource areas. Standard 4: Water Quality The Long -Term Pollution Prevention Plan typically includes the following: • Good housekeeping practices; • Provisions for storing materials and waste products inside or under cover; • Vehicle washing controls; • Requirements for routine inspections and maintenance of stormwater BMPs; • Spill prevention and response plans; • Provisions for maintenance of lawns, gardens, and other landscaped areas; • Requirements for storage and use of fertilizers, herbicides, and pesticides; • Pet waste management provisions; • Provisions for operation and management of septic systems; • Provisions for solid waste management; • Snow disposal and plowing plans relative to Wetland Resource Areas; • Winter Road Salt and/or Sand Use and Storage restrictions; • Street sweeping schedules; • Provisions for prevention of illicit discharges to the stormwater management system; • Documentation that Stormwater BMPs are designed to provide for shutdown and containment in the event of a spill or discharges to or near critical areas or from LUHPPL; • Training for staff or personnel involved with implementing Long -Term Pollution Prevention Plan; • List of Emergency contacts for implementing Long -Term Pollution Prevention Plan. ❑ A Long -Term Pollution Prevention Plan is attached to Stormwater Report and is included as an attachment to the Wetlands Notice of Intent. ® Treatment BMPs subject to the 44% TSS removal pretreatment requirement and the one inch rule for calculating the water quality volume are included, and discharge: ❑ is within the Zone II or Interim Wellhead Protection Area ❑ is near or to other critical areas ® is within soils with a rapid infiltration rate (greater than 2.4 inches per hour) ® involves runoff from land uses with higher potential pollutant loads. ❑ The Required Water Quality Volume is reduced through use of the LID site Design Credits. ® Calculations documenting that the treatment train meets the 80% TSS removal requirement and, if applicable, the 44% TSS removal pretreatment requirement, are provided. 6125A.Stormwater Check List • 04/01/08 Stormwater Report Checklist • Page 5 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 4: Water Quality (continued) ® The BMP is sized (and calculations provided) based on: • The 1/2' or 1" Water Quality Volume or ❑ The equivalent flow rate associated with the Water Quality Volume and documentation is provided showing that the BMP treats the required water quality volume. ® The applicant proposes to use proprietary BMPs, and documentation supporting use of proprietary BMP and proposed TSS removal rate is provided. This documentation may be in the form of the propriety BMP checklist found in Volume 2, Chapter 4 of the Massachusetts Stormwater Handbook and submitting copies of the TARP Report, STEP Report, and/or other third party studies verifying performance of the proprietary BMPs. ❑ A TMDL exists that indicates a need to reduce pollutants other than TSS and documentation showing that the BMPs selected are consistent with the TMDL is provided. Standard 5: Land Uses With Higher Potential Pollutant Loads (LUHPPLs) ❑ The NPDES Multi -Sector General Permit covers the land use and the Stormwater Pollution Prevention Plan (SWPPP) has been included with the Stormwater Report. ® The NPDES Multi -Sector General Permit covers the land use and the SWPPP will be submitted prior to the discharge of stormwater to the post -construction stormwater BMPs. ❑ The NPDES Multi -Sector General Permit does not cover the land use. ❑ LUHPPLs are located at the site and industry specific source control and pollution prevention measures have been proposed to reduce or eliminate the exposure of LUHPPLs to rain, snow, snow melt and runoff, and been included in the long term Pollution Prevention Plan. ❑ All exposure has been eliminated. ❑ All exposure has not been eliminated and all BMPs selected are on MassDEP LUHPPL list. ❑ The LUHPPL has the potential to generate runoff with moderate to higher concentrations of oil and grease (e.g. all parking lots with >1000 vehicle trips per day) and the treatment train includes an oil grit separator, a filtering bioretention area, a sand filter or equivalent. Standard 6: Critical Areas ® The discharge is near or to a critical area and the treatment train includes only BMPs that MassDEP has approved for stormwater discharges to or near that particular class of critical area. ❑ Critical areas and BMPs are identified in the Stormwater Report. 6125A.Stormwater Check List • 04/01/08 Stormwater Report Checklist • Page 6 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 7: Redevelopments and Other Projects Subject to the Standards only to the maximum extent practicable ❑ The project is subject to the Stormwater Management Standards only to the maximum Extent Practicable as a: ❑ Limited Project ❑ Small Residential Projects: 5-9 single family houses or 5-9 units in a multi -family development provided there is no discharge that may potentially affect a critical area. ❑ Small Residential Projects: 2-4 single family houses or 2-4 units in a multi -family development with a discharge to a critical area ❑ Marina and/or boatyard provided the hull painting, service and maintenance areas are protected from exposure to rain, snow, snow melt and runoff ❑ Bike Path and/or Foot Path ❑ Redevelopment Project ❑ Redevelopment portion of mix of new and redevelopment. ❑ Certain standards are not fully met (Standard No. 1, 8, 9, and 10 must always be fully met) and an explanation of why these standards are not met is contained in the Stormwater Report. ❑ The project involves redevelopment and a description of all measures that have been taken to improve existing conditions is provided in the Stormwater Report. The redevelopment checklist found in Volume 2 Chapter 3 of the Massachusetts Stormwater Handbook may be used to document that the proposed stormwater management system (a) complies with Standards 2, 3 and the pretreatment and structural BMP requirements of Standards 4-6 to the maximum extent practicable and (b) improves existing conditions. Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan must include the following information: • Narrative; • Construction Period Operation and Maintenance Plan; • Names of Persons or Entity Responsible for Plan Compliance; • Construction Period Pollution Prevention Measures; • Erosion and Sedimentation Control Plan Drawings; • Detail drawings and specifications for erosion control BMPs, including sizing calculations; • Vegetation Planning; • Site Development Plan; • Construction Sequencing Plan; • Sequencing of Erosion and Sedimentation Controls; • Operation and Maintenance of Erosion and Sedimentation Controls; • Inspection Schedu►e; • Maintenance Schedule; • Inspection and Maintenance Log Form. ❑ A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan containing the information set forth above has been included in the Stormwater Report. 6125A.Stormwater Check List • 04/01/08 Stormwater Report Checklist • Page 7 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control (continued) ® The project is highly complex and information is included in the Stormwater Report that explains why it is not possible to submit the Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan with the application. A Construction Period Pollution Prevention and Erosion and Sedimentation Control has not been included in the Stormwater Report but will be submitted before land disturbance begins. ❑ The project is not covered by a NPDES Construction General Permit. ❑ The project is covered by a NPDES Construction General Permit and a copy of the SWPPP is in the Stormwater Report. ® The project is covered by a NPDES Construction General Permit but no SWPPP been submitted. The SWPPP will be submitted BEFORE land disturbance begins. Standard 9: Operation and Maintenance Plan ® The Post Construction Operation and Maintenance Plan is included in the Stormwater Report and includes the following information: • Name of the stormwater management system owners; ® Party responsible for operation and maintenance; ® Schedule for implementation of routine and non -routine maintenance tasks; ® Plan showing the location of all stormwater BMPs maintenance access areas; ® Description and delineation of public safety features; ® Estimated operation and maintenance budget; and ® Operation and Maintenance Log Form. ❑ The responsible party is not the owner of the parcel where the BMP is located and the Stormwater Report includes the following submissions: ❑ A copy of the legal instrument (deed, homeowner's association, utility trust or other legal entity) that establishes the terms of and legal responsibility for the operation and maintenance of the project site stormwater BMPs; ❑ A plan and easement deed that allows site access for the legal entity to operate and maintain BMP functions. Standard 10: Prohibition of Illicit Discharges ▪ The Long -Term Pollution Prevention Plan includes measures to prevent illicit discharges; ❑ An Illicit Discharge Compliance Statement is attached; ® NO Illicit Discharge Compliance Statement is attached but will be submitted prior to the discharge of any stormwater to post -construction BMPs. 6125A.Stormwater Check List • 04/01/08 Stormwater Report Checklist • Page 8 of 8 411.pluaD F RE -DEVELOPMENT VACANT CLEARED PARCEL EXISTIN�PARCEL WATE SHED 2R WETLAND AREA TO THE NORTH Subcat (Reach LOT1-ROO REA LOT 2 ROOF AREA i'POnd`. PARKIN& PATIO AR AS (00 • (eAt2- Post-Development Recharge LANDsCAIED AREAS ALONG OAD FOR L 1 CR1 5110r , GRAVEL µ1REA TO THE WEST CR BIORE NTION EN NCE CATCH CATCH BASINS IN S LE BASIN GRAVEL AREA AREA BEYOND PAVNT-BUILDING TO NORTH 52'x32'x GA' 'LEACH LEY 3R WETLAND AREA TO THE NORTH Routing Diagram for 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Prepared by J M O'Reilly & Associates Inc, Printed 11/21/2023 HydroCAD® 10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Prepared by J M O'Reilly & Associates Inc HydroCAD® 10.20-2q s/n 08678 © 2022 HydroCAD Software Solutions LLC Area Listing (all nodes) Area CN Description (acres) (subcatchment-numbers) 0.254 39 >75% Grass cover, Good, HSG A (4S, 5S) 0.285 35 Brush, Fair, HSG A (6S) 0.364 76 Gravel roads, HSG A (5S) 0.895 98 Parking/Walkway/Slab, HSG A (1S, 2S, 3S) 0.212 98 Patio Area (3S) 1.827 30 Woods, Good, HSG A (1 EX, 6S) 1.492 57 Woods/grass comb., Poor, HSG A (1 EX) 5.329 56 TOTAL AREA Printed 11/21/2023 Page 2 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Prepared by J M O'Reilly & Associates Inc HydroCAD® 10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Ground Covers (all nodes) Printed 11/21/2023 Page 3 HSG-A HSG-B HSG-C HSG-D Other Total Ground Subcatchment (acres) (acres) (acres) (acres) (acres) (acres) Cover Numbers 0.254 0.000 0.000 0.000 0.000 0.254 >75% Grass cover, Good 4S, 5S 0.285 0.000 0.000 0.000 0.000 0.285 Brush, Fair 6S 0.364 0.000 0.000 0.000 0.000 0.364 Gravel roads 5S 0.895 0.000 0.000 0.000 0.000 0.895 Parking/Walkway/Slab 1S, 2S, 3S 0.000 0.000 0.000 0.000 0.212 0.212 Patio Area 3S 1.827 0.000 0.000 0.000 0.000 1.827 Woods, Good 1 EX, 6S 1.492 0.000 0.000 0.000 0.000 1.492 Woods/grass comb., Poor 1 EX 5.117 0.000 0.000 0.000 0.212 5.329 TOTAL AREA 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD© 10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 4 Time span=0.00-30.00 hrs, dt=0.01 hrs, 3001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Dyn-Stor-Ind method - Pond routing by Dyn-Stor-Ind method Subcatchment 1 EX: EXISTING PARCEL Runoff Area=117,675 sf 0.00% Impervious Runoff Depth=1.23" Tc=6.0 min CN=45 Runoff=2.94 cfs 0.277 af Subcatchment 1S: LOT 1 - ROOF AREA Runoff Area=7,800 sf 100.00% Impervious Runoff Depth=6.75" Tc=5.0 min CN=98 Runoff=1.27 cfs 0.101 af Pond 1SW: BIORETENTION SWALE Peak Elev=57.98' Storage=3,007 cf Inflow=5.70 cfs 0.452 af Discarded=1.49 cfs 0.336 af Primary=0.69 cfs 0.116 af Outflow=2.18 cfs 0.452 af Pond 2P: 52'x32'x6 LEACH GALLEY Peak Elev=52.06' Storage=5,694 cf Inflow=4.72 cfs 0.425 af Discarded=0.51 cfs 0.376 af Primary=2.12 cfs 0.049 af Outflow=2.63 cfs 0.425 af Reach 2R: WETLAND AREA TO THE NORTH Inflow=2.94 cfs 0.277 af Outflow=2.94 cfs 0.277 af Subcatchment 2S: LOT 2 ROOF AREA Runoff Area=5,440 sf 100.00% Impervious Runoff Depth=6.75" Tc=5.0 min CN=98 Runoff=0.89 cfs 0.070 af Reach 3R: WETLAND AREA TO THE NORTH Inflow=2.18 cfs 0.072 af Outflow=2.18 cfs 0.072 af Subcatchment 3S: PARKING & PATIO Runoff Area=34,980 sf 100.00% Impervious Runoff Depth=6.75" Tc=5.0 min CN=98 Runoff=5.70 cfs 0.452 af Subcatchment 4S: LANDSCAPED AREAS Runoff Area=2,800 sf 0.00% Impervious Runoff Depth=0.76" Tc=5.0 min CN=39 Runoff=0.03 cfs 0.004 af Subcatchment 5S: GRAVEL AREA TO THE Runoff Area=24,095 sf 0.00% Impervious Runoff Depth=2.89" Tc=5.0 min CN=63 Runoff=1.91 cfs 0.133 af Subcatchment 6S: AREA BEYOND Runoff Area=39,325 sf 0.00% Impervious Runoff Depth=0.31" Tc=5.0 min CN=32 Runoff=0.07 cfs 0.024 af Pond CB1: ENTRANCE CATCH BASIN Peak Elev=59.59' Inflow=0.03 cfs 0.004 af 12.0" Round Culvert n=0.020 L=20.0' S=0.1750 '/' Outflow=0.03 cfs 0.004 af Pond CB2: CATCH BASINS IN GRAVEL AREA Peak Elev=54.91' Inflow=1.91 cfs 0.133 af 12.0" Round Culvert n=0.020 L=50.0' S=0.0400 '/' Outflow=1.91 cfs 0.133 af Total Runoff Area = 5.329 ac Runoff Volume = 1.061 af Average Runoff Depth = 2.39" 79.23% Pervious = 4.222 ac 20.77% Impervious = 1.107 ac 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall= -6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD® 10.20-2q s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 5 Summary for Subcatchment 1 EX: EXISTING PARCEL WATERSHED Runoff = 2.94 cfs @ 12.11 hrs, Volume= 0.277 af, Depth= 1.2311 Routed to Reach 2R : WETLAND AREA TO THE NORTH Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type I I I 24 -hr 100 -year Rainfall=6.99" Area (sf) CN Description 65,000 57 Woods/grass comb., Poor, HSG A 52,675 30 Woods, Good, HSG A 117,675 45 Weighted Average 117,675 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 6.0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) Direct Entry, (minimum) Subcatchment 1 EX: EXISTING PARCEL WATERSHED Hydrograph F- - J. _ J _ 1 I_ 1 J I L_ J_ J__ L_ 41. -- I I I I 1 1 Type' III 24 -hr 00 -year Rainfall=6.99'' Runoff Area=117,675 sf ;Runoff Volume -0:277 of Runof Depth=1.23" Tc=6.0 min CN=45 .. 0 Runoff 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type 11124 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD® 10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 6 Summary for Subcatchment 1S: LOT 1 - ROOF AREA Runoff = 1.27 cfs @ 12.07 hrs, Volume= 0.101 af, Depth= 6.75" Routed to Pond 2P : 52'x32'x6 LEACH GALLEY Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type III 24 -hr 100 -year Rainfall=6.99" Area (sf) CN Description 7,800 98 Parking/Walkway/Slab, HSG A 7,800 100.00% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 N 0 u. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) 0 1 2 Direct Entry, (minimum) Subcatchment 1S: LOT 1 - ROOF AREA Hydrograph Type III 24 -hr 00 -year Rainfall=6.99" Runoff Area=7,800 sf Runoff, Volume=0.101 of Runof Depth=6.75" Tc=5.0 min CN=98 ❑ Runoff 1 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD® 10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 7 Summary for Pond 1SW: BIORETENTION SWALE Inflow Area = 0.803 ac,100.00% Impervious, Inflow Depth = 6.75" for 100 -year event Inflow = 5.70 cfs @ 12.07 hrs, Volume= 0.452 of Outflow = 2.18 cfs @ 12.28 hrs, Volume= 0.452 af, Atten= 62%, Lag= 12.5 min Discarded = 1.49 cfs @ 12.28 hrs, Volume= 0.336 of Primary = 0.69 cfs @ 12.28 hrs, Volume= 0.116 af Routed to Pond 2P : 52'x32'x6 LEACH GALLEY Routing by Dyn-Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 57.98' @ 12.28 hrs Surf.Area= 1,522 sf Storage= 3,007 cf Plug -Flow detention time= 11.5 min calculated for 0.452 af (100% of inflow) Center -of -Mass det. time= 11.5 min ( 753.5 - 742.0 ) Volume Invert Avail.Storage Storage Description #1 53.00' 3,205 cf Custom Stage Data (Irregular) Listed below (Recalc) Elevation Surf.Area Perim. Voids Inc.Store Cum.Store Wet.Area (feet) (sq-ft) (feet) (%) (cubic -feet) (cubic -feet) (sq-ft) 53.00 720 360.0 0.0 0 0 720 54.50 720 360.0 40.0 432 432 1,260 55.75 720 360.0 20.0 180 612 1,710 56.00 737 255.0 100.0 182 794 6,849 57.00 1,127 265.0 100.0 925 1,719 7,338 58.00 1,532 274.0 100.0 1,324 3,044 7,809 58.10 1,698 278.0 100.0 161 3,205 7,987 Device Routing Invert Outlet Devices #1 Discarded 53.00' 8.270 in/hr Exfiltration over Wetted area Phase -In= 0.01' #2 Primary 53.50' 4.0" Round Catch Basin L= 25.0' CPP, projecting, no headwall, Ke= 0.900 Inlet / Outlet Invert= 53.50' / 53.00' S= 0.0200'/' Cc= 0.900 n= 0.010 PVC, smooth interior, Flow Area= 0.09 sf Discarded OutFlow Max=1.49 cfs @ 12.28 hrs HW=57.98' (Free Discharge) t-1=Exfiltration (Exfiltration Controls 1.49 cfs) Primary OutFlow Max=0.69 cfs @ 12.28 hrs HW=57.98' TW=51.61' (Dynamic Tailwater) t-2=Catch Basin (Inlet Controls 0.69 cfs @ 7.89 fps) 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD®10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 8 Pond 1SW: BIORETENTION SWALE Hydrograph w 3 - IL 1_ 1 I I I I I 1 1 1 15.70 cfs - 1- I- r - 4- 0 1 2 3 —t— 3• 2.1843 >10 1A9 cis I � -1 1 - J 1 1 1 1 1 1 1 I 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I I I I I I I I nflow'Areal=0.803 ac Peak Elev=57.98' I I 1 -Storage=3;007-cf- - 1 -1 -1 -1 -1 -1 -1 -1 -1 -1 J -1 -I -I cfs //4of fir , . a .1. i l . 1 .1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) • Inflow ❑ Outflow 0 Discarded 0 Primary 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD 8010.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 9 Summary for Pond 2P: 52'x32'x6 LEACH GALLEY [93] Warning: Storage range exceeded by 0.06' [87] Warning: Oscillations may require smaller dt or Finer Routing (severity=5) Inflow Area = 1.724 ac, 64.19% Impervious, Inflow Depth = 2.95" for 100 -year event Inflow = 4.72 cfs @ 12.08 hrs, Volume= 0.425 af Outflow = 2.63 cfs @ 12.35 hrs, Volume= 0.425 af, Allen= 44%, Lag= 16.5 min Discarded = 0.51 cfs @ 12.35 hrs, Volume= 0.376 af Primary = 2.12 cfs @ 12.35 hrs, Volume= 0.049 af Routed to Reach 3R : WETLAND AREA TO THE NORTH Routing by Dyn-Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 52.06' @ 12.35 hrs Surf.Area= 1,664 sf Storage= 5,694 cf Plug -Flow detention time= 88.8 min calculated for 0.425 af (100% of inflow) Center -of -Mass det. time= 88.8 min ( 864.9 - 776.2 ) Volume Invert Avail.Storage Storage Description #1 46.00' 2,545 cf 6.00'D x 6.00'H Vertical Cone/Cylinder x 15 Inside #2 2,986 cf Overall - 3.0" Wall Thickness = 2,545 cf #2 46.00' 3,149 cf 32.00'W x 52.00'L x 6.00'H Prismatoid 9,984 cf Overall - 2,986 cf Embedded = 6,998 cf x 45.0% Voids 5,694 cf Total Available Storage Device Routing Invert Outlet Devices #1 Discarded 46.00' 8.270 in/hr Exfiltration over Wetted area Phase -In= 0.01' #2 Primary 51.90' 10.0' long Sharp -Crested Rectangular Weir 2 End Contraction(s) Discarded OutFlow Max=0.51 cfs © 12.35 hrs HW=52.06' (Free Discharge) t1=Exfiltration (Exfiltration Controls 0.51 cfs) Primary OutFlow Max=2.12 cfs @ 12.35 hrs HW=52.06' TW=0.00' (Dynamic Tailwater) 't2=Sharp-Crested Rectangular Weir (Weir Controls 2.12 cfs @ 1.32 fps) 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD®10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 10 Pond 2P: 52'x32'x6 LEACH GALLEY Hydrograph I I 14.72 cts F F F- 4 a 1 2.63 cls BEM I El I I Inflow Area=1.724 ac Peak EIev-52.06' , I i Storage=5,694 cf .44 J 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) IN Inflow ❑ Outflow O Discarded ❑ Primary 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCADO 10.20-2q s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 11 Summary for Reach 2R: WETLAND AREA TO THE NORTH [40] Hint: Not Described (Outflow=Inflow) Inflow Area = 2.701 ac, 0.00% Impervious, Inflow Depth = 1.23" for 100 -year event Inflow = 2.94 cfs @ 12.11 hrs, Volume= 0.277 of Outflow = 2.94 cfs @ 12.11 hrs, Volume= 0.277 af, Atten= 0%, Lag= 0.0 min Routing by Dyn-Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Reach 2R: WETLAND AREA TO THE NORTH Hydrograph 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) ■ Inflow II Outflow 0 O LL 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type 11124 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD®10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 12 Summary for Subcatchment 2S: LOT 2 ROOF AREA Runoff = 0.89 cfs @ 12.07 hrs, Volume= Routed to Pond 2P : 52'x32'x6 LEACH GALLEY 0.070 af, Depth= 6.75" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type III 24 -hr 100 -year Rainfall=6.99" Area (sf) CN Description 5,440 98 Parking/Walkway/Slab, HSG A 5,440 100.00% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, (minimum) 0.95 0.9- 0.85- 0.8- 0.75 0.7 0.65- 0.5 ti 0.45- 0.4 0.35. 0.3 0.25= 0.2 0.15: 0.1- 0.05= 0' Subcatchment 2S: LOT 2 ROOF AREA Hydrograph f 0 1 I 1 1 I I I I I 1 1 1 I I 1 1 I I I 1 L S I I L 1 J I I _ _ L _ 1 _ J _ J. I L 1 I I _ _ L _ 1 _ J _ _ I I L 1 J I r 7 -I -r-7- 1 I I I I I I I I I I 1 1 1 1 I 1 0.89cfs I 1 I 1 I 1 I I I I I 1 1 J L Type III 24 -hr 100 -year - Rai nfal l=6:99"-- 1_JI__L_L_J I I I 1 Runoff -Area=5,'440--sf-- 1 Runoff Voluma=0 070 af I I 1 I I I I I I I I I --Runoff-Depth-=6-.75'..' I I I 1 I I I 1 +- ---- - - -- -+-+-1--i- c-5:0 . min I I I I I I I I I I 1 I I I I II V; =V�1 Y r --1 1 I r --f --I--I-- - -� - - 1 I 1 I I I I I I I '1----r-r-ti--I--r'T-7--I--r-r- --1--r-r 1 I I I 1 I I I I I I I I I I I I I I I I I I I I I I I t i l l I I I 1 I 1 11 I I 7----r-r-7--I r-r-7-1--r-r-7--I--r-r-7-- ' i l l 1 1 1 1 1 1 1 1 1 1 r i 1 r r 1 I r r 1 I• A li A l i i 1 �� �,�� i 1-i . ,� ij � ��� � I�� .,� .f. � (, i(. .I . , ,� .1. .. .. ., �1� . I . � ,� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Time (hours) 26 27 28 29 30 0 Runoff I 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD® 10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 13 Summary for Reach 3R: WETLAND AREA TO THE NORTH [40] Hint: Not Described (Outflow=Inflow) Inflow Area = 2.627 ac, 42.14% Impervious, Inflow Depth = 0.33" for 100 -year event Inflow = 2.18 cfs @ 12.35 hrs, Volume= 0.072 of Outflow = 2.18 cfs @ 12.35 hrs, Volume= 0.072 af, Allen= 0%, Lag= 0.0 min Routing by Dyn-Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Reach 3R: WETLAND AREA TO THE NORTH Hydrograph 2.18 cts 2.18 - r - Inflow Area=2. —r 1 r /////i///////%/%�ff/' .fdo�iiiiiii�rf�iiri`i�i 27-• ac — 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) r• ■ Inflow ■ Outflow 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD® 10.20-2q s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 14 Summary for Subcatchment 3S: PARKING & PATIO AREAS Runoff = 5.70 cfs @ 12.07 hrs, Volume= 0.452 af, Depth= 6.7511 Routed to Pond 1 SW : BIORETENTION SWALE Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type I II 24 -hr 100 -year Rainfall=6.99" Area (sf) CN Description * 25,760 98 Parking/Walkway/Slab, HSG A 9,220 98 Patio Area 34,980 98 Weighted Average 34,980 100.00% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, (minimum) Subcatchment 3S: PARKING & PATIO AREAS Hydrograph I I I - 1 - - -I- - I- I 5.70 cis L 1 J 1- L_ -1 - L I I I I I I I 1 I 1 Type'' III 24 -hr 00 -year Rainfall -6.99'' I I I I I RunoffArea 34,980 sf Runoff Volume=0.452 af Runof Depth=6.75" Tc=5.0 m i n CN=98 r 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) ❑ Runoff 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD® 10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 15 Summary for Subcatchment 4S: LANDSCAPED AREAS ALONG ROAD FOR LOT 1 Runoff = 0.03 cfs @ 12.12 hrs, Volume= 0.004 af, Depth= 0.761 Routed to Pond CB1 : ENTRANCE CATCH BASIN Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type I I I 24 -hr 100 -year Rainfall=6.99" Area (sf) CN Description 2,800 39 >75% Grass cover, Good, HSG A 2,800 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, (minimum) Subcatchment 4S: LANDSCAPED AREAS ALONG ROAD FOR LOT 1 Hydrograph 0.03 0.028 0.026 0.0241 0.0221 0.02 0.018= 0.0161 0.014= 0.012= 0.01 0.0081_ 0.006= 0.0041 0.00211 0 0 _1_1____L_1_1 I I I _ _ L _ L _ 1 _ _ I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) I I I I- 1 I I I I I 1 1 I I I I I I 1 10.03 cfs I_ I I I I 1 I I I I 1 I r T I L I I 1 I I r T I I I I I I I I _}_-4_-I__ 4-_ } .-4 _ -I- _ I I I I I I I I I I I 1 T - I I I I 1 I I I r r I I I L 1 I I I I r r 11 I I I 1 1 1 I I I I I I I I I I I +-1_-1_-1--}_-4_—I__I--4--.F _1 I I I I I I I I I I I I I I _ _I__}_I I I I 1 1 I r 1 I 1 I 1 1 1 :- a -4 1 1 1 1 1 I I I l 4 2 1 I I I I I I I 1 -I 1 1 I I T. _III2 4 1e -hr 1 I I I Yp I 100 -year Rainfall 6.9.9" Runoff Area=2,800: sf _T - __ iunotf ,Volume-0.004;af_. Runoff Depth 0.76" I I I 1 i Tc50 rain +--4- --I--f--4- I I I I I I I I I I I --1--t'--1 -1 I- r - t --4 + 1 -I H -r-1- I I I I I I I I I I 1 I I - 1 L_L 1_ I I I CN_39I I I I I I r-+-1 I _1_J I I I I I I r Ti I I 1 __L — —1_ _I__ I I I ❑ Runoff 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD0 10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 16 Summary for Subcatchment 5S: GRAVEL AREA TO THE WEST Runoff = 1.91 cfs @ 12.08 hrs, Volume= 0.133 af, Depth= 2.89" Routed to Pond CB2 : CATCH BASINS IN GRAVEL AREA Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type III 24 -hr 100 -year Rainfall=6.99" Area (sf) CN Description 15,845 76 Gravel roads, HSG A 8,250 39 >75% Grass cover, Good, HSG A 24,095 63 Weighted Average 24,095 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 0 0 LL Direct Entry, (minimum) Subcatchment 5S: GRAVEL AREA TO THE WEST Hydrograph 11.91 cfs 1 L S J Type III 24 -hr 100 -year Rainfall=6.99'' Runoff Area 24,095 sf Runoff Volume=0.133 of Runoff Depth_2.89" Tc=5.0 min CN=63 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) ❑ Runoff` 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCADO 10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 17 Summary for Subcatchment 6S: AREA BEYOND PAVNT-BUILDING TO NORTH Runoff = 0.07 cfs @ 12.43 hrs, Volume= 0.024 af, Depth= 0.31" Routed to Reach 3R : WETLAND AREA TO THE NORTH Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Type III 24 -hr 100 -year Rainfall=6.99" Area (sf) CN Description 26,920 30 Woods, Good, HSG A 12,405 35 Brush, Fair, HSG A 39,325 32 Weighted Average 39,325 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, (minimum) Subcatchment 6S: AREA BEYOND PAVNT-BUILDING TO NORTH Hydrograph 0.07- 0.065- 0.06 0.055- 0.05- 0.045- w a 0.035- W 0.015.1. 0 I I I I I I _1 J I I 1 I 11 I I 1 I L 1 J 1 II I 1 I I 1 1 I I I 1 t .1 L L 1 1 I I I I I I I I 1 -'T-Z-1--r-r--f-1--r------- 1 1 1 1 I I I I L 1 10,07 CIS I 1 Ti 1 I 1 1 I I I I 1 1 I I I I I I 11 I I 1 I I I I 1 I I I I I 1 1 1 1 r T l I I I I I I I I I I _ _}--I-_ I I '- - 4 - -' - I I r -r --I- 1 I 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Time (hours) 18 19 20 21 22 23 24 25 26 27 28 29 30 I I I 1 I 1 1 1 1 1 1 1 1 I I 1 I , , 1 1 1 1 1 1 _L _ L- _ _ _ _ _ L _ L _ 1 _ J _ _'_ _ L • ' I I 71 'e-III,_2'4 hr r-t--t----r-t'-1----r-r I 1 I I I I I I I I 100 -year- Rainfall_6.99" I I 1 ▪ - ; - 1 - - - Runoff 'Area 39;025 sf T Runoff Volume=0.024;af I I Runoff Depth 0.31' I 1 I I I 1 -r-r--1----r-r"--t c=5:0-111�n-- 1 1 I I I I I 1 I II II i ," 11 11n II II III a .1 1 u 1 1i u 1 6 n 1. QN=32 I I I 1 I I I I I I I I I ❑ Runoff 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type III 24 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD®10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 18 Summary for Pond CB1: ENTRANCE CATCH BASIN [57] Hint: Peaked at 59.59' (Flood elevation advised) Inflow Area = 0.064 ac, 0.00% Impervious, Inflow Depth = 0.7611 for 100 -year event Inflow = 0.03 cfs @ 12.12 hrs, Volume= 0.004 of Outflow = 0.03 cfs @ 12.12 hrs, Volume= 0.004 af, Allen= 0%, Lag= 0.0 min Primary = 0.03 cfs @ 12.12 hrs, Volume= 0.004 of Routed to Pond 2P : 52'x32'x6 LEACH GALLEY Routing by Dyn-Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 59.59' @ 12.12 hrs Device Routing Invert Outlet Devices #1 Primary 59.50' 12.0" Round Culvert L= 20.0' CPP, projecting, no headwall, Ke= 0.900 Inlet / Outlet Invert= 59.50' / 56.00' S= 0.1750 '/' Cc= 0.900 n= 0.020 Corrugated PE, corrugated interior, Flow Area= 0.79 sf Primary OutFlow Max=0.03 cfs @ 12.12 hrs HW=59.59' TW=50.16' (Dynamic Tailwater) L1 -Culvert (Inlet Controls 0.03 cfs @ 0.81 fps) 0 IL 0.03= 0.028 0.026 0.024 0.022 0.02- 0.018 0.016- 0.014- 0.012- 0.01: 0.008- 0.006 0.004= 0.002- 0 Pond CB1: ENTRANCE CATCH BASIN Hydrograph 1 I I 1 1 1 1 1 1 I--+-+-+--I--I- -1.. I I I I 1 I 1 10.03 cis I 1 1 I ( 1 I I I0.03CIs I I - r T 1 r r T 1 I 1 I 1 I 1- •1 -I _I I- I- I- 4. -I I I 1 I 1 1 I I L I I 1 1 I I 1 I I I 1 - r -r- 1 E F T T 1 I I 1 - F- 4- 1--L -I -+-.: 1 1 1 I 1 L 1 J L 1 1 I I I I I I 1 I I - r T 1 I I - I 1 1 1 1 I 1 I 1 I r T 1 1 - r-r- r -r- -� I I I I I I I - _ 4 - 1 _ I I I J I I I I I I - r T 1 1 I of l oinf'_Area-0.064 ac 1 Peak �Elev=59:59' I I 1 1 11 1 1 I . . I I I 1 1 1 1 1 1 1 I n� r r T Z 7 --r-r-r-T-1-1--1--12.0" -- 1 1 1 1 1 1 1 1 1 1 I I 1 1 Round Cu_Ive_ rf I I 1 1 1 1 I r r -1 I 1 I-- +-+-1-- I I I 1 r T n=0.020 I I 1 1 1 ! L=20 ▪ 0' 1 I I I ! 1 I 1 I 1 T I r r 1 - r T T 1 1 I I 1 1 1 - -- ti_+_y_..{ I I I I I I I I I I I - -r-r-r-T-1 I I I I S', 0.1750 '/' 1 -_h -L-•1 1_1-_}_4 _ 1 1 1 1 1 1 1 1 1 L I J 1 1 I L I 1 I I I I I I I 1 1 I I - -1-1--r-r-r-T I I I 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) II Inflow 0 Primary 1 6125A.Turtle & Underpass LLC Project Lots 1-2-3 Type 11124 -hr 100 -year Rainfall=6.99" Prepared by J M O'Reilly & Associates Inc Printed 11/21/2023 HydroCAD® 10.20-2q s/n 08678 © 2022 HydroCAD Software Solutions LLC Page 19 Summary for Pond CB2: CATCH BASINS IN GRAVEL AREA [57] Hint: Peaked at 54.91' (Flood elevation advised) Inflow Area = 0.553 ac, 0.00% Impervious, Inflow Depth = 2.8911 for 100 -year event Inflow = 1.91 cfs @ 12.08 hrs, Volume= 0.133 of Outflow = 1.91 cfs @ 12.08 hrs, Volume= 0.133 af, Atten= 0%, Lag= 0.0 min Primary = 1.91 cfs @ 12.08 hrs, Volume= 0.133 af Routed to Pond 2P : 52'x32'x6 LEACH GALLEY Routing by Dyn-Stor-Ind method, Time Span= 0.00-30.00 hrs, dt= 0.01 hrs Peak Elev= 54.91' @ 12.08 hrs Device Routing Invert Outlet Devices #1 Primary 54.00' 12.0" Round Culvert L= 50.0' CPP, projecting, no headwall, Ke= 0.900 Inlet / Outlet Invert= 54.00' / 52.00' S= 0.0400 '/' Cc= 0.900 n= 0.020 Corrugated PE, corrugated interior, Flow Area= 0.79 sf Primary OutFlow Max=1.91 cfs @ 12.08 hrs HW=54.91' TW=49.46' (Dynamic Tailwater) t-1=Culvert (Inlet Controls 1.91 cfs @ 2.56 fps) 0 LL Pond CB2: CATCH BASINS IN GRAVEL AREA Hydrograph 1 L J 1 ���i%%if%i%%i% /:' ice( L 1 J 11.91 cfs 1 1.91 cis .��i%i, 1 1 J L 1 J 1 I L 1 1 J I I I I 1 I I Inflow Area -0.553 ac Peak Elev=54.91' 0" 12. Round Culvert r -1-,----r --- r1-0.020 1_=50.0' S=0.0400 'r 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time (hours) ■ Inflow I9 Primary V INSTRUCTIONS: 1. In BMP Column, click on Blue Cell to Activate Drop Down Menu 2. Select BMP from Drop Down Menu 3. After BMP is selected, TSS Removal and other Columns are automatically completed. TSS Remov a 15 o Cl) L 0 0 co 0 cu Location: B BMP1 PARKING (PA VED) AND P ATIO Water Quality Swale - Dry Subsurface Infiltration Structure Project: Prepared By: Date: Non -automated TSS Calculation Sheet must be use d if Proprie tary BM P Proposed 1. From Ma ssDEP Stormwater Handbook Vol. 1 C D TSS Removal Starting TSS Rate' Load* 0.70 0.80 0. 00 0.00 0. 00 1 .00 0.30 0.06 0 .06 0.06 Total TSS Remo val = TURTLE & 162 UNDERPASS JMO 11/22/2023 Version 1, Automated: Mar. 4, 2008 E Amount Removed (C*D) 0 .70 0 .24 0.00 0.00 0.00 F Remaining Load (D -E) 0 .30 0.06 0.06 0.06 0.06 94 % Separate Form Needs to be Completed for Each Outlet or B MP Train * Equals remaining load from pre vious B MP (E) which enters the B MP Mass . Dept . of Environmental Protection V INSTRUCTIONS: 1. In BMP Column, click on Blue Cell to Activate Drop Down Menu 2. Select BMP from Drop Down Menu 3. After BMP is selected, TSS Removal and other Columns are automatically completed. TSS Remo va Location: B BMP1 GRAVEL AREA TO THE WEST OF BUILDINGS C TSS R emoval Rate1 D Starting TSS Load* E Amount Removed (C *D) V er sio n 1, A ut omated: Mar . 4, 2008 F Remaining Load (D -E) Deep Sump and Ho oded Catch Basin Oil Grit Separato r Subsu rfac e Infiltration Structure 0.25 0.25 0. 80 0. 00 0.00 1.00 0.75 0.56 0.11 0.11 0.25 0.19 0.45 0 .00 0.00 0 .75 0.56 0.11 0 .11 0 .11 Proje ct: Prepared By: Date: Non -automated TSS Calculation Sheet must be used if Proprietary BMP Proposed 1. From M assDEP Stormwater Handbook Vol. 1 To tal TSS Removal = TURTLE & 162 UNDERPASS JMO 11/22/2023 89% Separate Form Needs to be Completed for Each Outlet or B MP Train *Equals remaining load from previous BMP (E) which enters the BMP Mass . Dept. of Environment al Pr ot ection Ve-`%ts lr (00 - irk Post -Development Recharge F RE -DEVELOPMENT VACANT CLEARED PARCEL EXISTINt PARCEL WATE SHED 2R WETLAND AREA TO THE NORTH Subcat Reach LOT1-ROO •REA LOT 2 ROOF AREA PARKIN & PATIO AR AS LANDSCAFjED AREAS ALONG OAD FOR L T1 GRAVEL 14REA TO THE WEST C61 CB BIORET NTION EN ANCE CATCH CATCH BASINS IN S LE BASIN GRAVEL AREA D 52.x32.x6 LEACH GALLEY v 3R WETLAND AREA TO THE NORTH (6s) AREA BEYOND PAVNT-BUILDING TO NORTH Routing Diagram for 6125A.Turtle & Underpass LLC Project Lots 1.2-3 Prepared by J M O'Reilly & Associates Inc, Printed 11/21/2023 HydroCAD® 10.20-2g s/n 08678 © 2022 HydroCAD Software Solutions LLC (10) Virginia Rose (3) Eastern Red Cedar (1) Tupelo (10) Highbush Blueberry Summersweet Clethra (9) ex. tupelo to remain ex. tupelo to remain Arrowwood (5) Cut vines at ground level within shaded area Lawn Lawn Ex. hickory to remain Lawn Seed disturbed areas w/ fescue seed mix ex. vegetation to remain Allee Lacebark Elm (1) Allee Lacebark Elm (1) Allee Lacebark Elm (1) Heritage River Birch (1) (1) Snow Queen Oakleaf Hydrangea (5) Dense Inkberry Holly U N D E R P A S S R O A D 5 0 ' P U B L I C W A Y DRILL HOLE FND CB FND Edge o f W e t l a n d Ex i s t i n g R o c k W a l l Ed g e o f P a v e m e n t Isolated Vegetated Wetland 6 8 68 66 66 64 64 62 62 60 60 58 58 56 56 54 52 52 50 50 48 7 0 70 72 72 4 6 48 50 54 49 56 58 54 56 EXISTING BUILDING PROPOSE D 1 0 0 ' x 5 0 ' 5 - COM M E R C I A L B A Y S ONE(1) - 2 B E D R O O M A P A R T M E N T SLAB FO U N D A T I O N E L = 6 0 . 0 71x0 HP HP HP 58 4 SP 4 6 50' Buffer Zone 100' Buffer Zone 50' Buffe r Zone 100' Buffer Zone 22'x20' APARTM E N T 11 SP PROPOSED SIGN 20' UTILI T Y E A S E M E N T TOWN O F B R E W S T E R PROPOSED 52' x 32' x 6' LEACHING GALLEY FOR STORMWATER DISPOSAL. DMH GRAVEL SURFACE GRAVEL SURFACE Existing Paved Parking Area DMH DMH 10' WIDE S I D E W A L K - E L = 6 0 . 5 PROPOSED SIGN HP HP Isolated Vegetated Wetland Existing Culvert Existing Paved Driveway Existing Gravel Driveway 21 SP 12 SP 12 SP 16" Dead Oak 16" Dead Pine 14" Dead Pine 70 68 66 64 62 71x072 Stockade F e n c e QTY BOTANICAL NAME COMMON NAME SIZE NATIVE TREES 3 Juniperus virginiana Eastern Red Cedar 4-5` 1 Nyssa sylvatica Tupelo 15 gal NATIVE SHRUBS 9 Clethra alnifolia Summersweet Clethra 3 gal 10 Rosa virginiana Virginia Rose 2 gal 10 Vaccinium corymbosum Highbush Blueberry 3 gal 5 Viburnum dentatum Arrowwood 3 gal PLANT SCHEDULE MITIGATION QTY BOTANICAL NAME COMMON NAME SIZE TREES 1 Betula nigra `Heritage`Heritage River Birch 8-10` clump 3 Ulmus parvifolia `Allee`Allee Lacebark Elm 2.5-3" cal. CONIFERS 3 Thuja standishii x plicata `Green Giant` Green Giant Arborvitae 4-5` SHRUBS 1 Buddleja davidii `Miss Molly`Red Butterfly Bush 3 gal 1 Hydrangea quercifolia `Snow Queen`Snow Queen Oakleaf Hydrangea 5 gal 3 Ilex crenata `Steeds`Steeds Japanese Holly 7 gal 5 Ilex glabra `Densa`Dense Inkberry Holly 5 gal PLANT SCHEDULE LOT2 LANDSCAPE 162 Underpass, LLC Landscape/Mitigation Lot #2 @162 Underpass Rd., Brewster By: Philip L. Cheney 508-394-1373 Scale: 1" = 30'-0" 11/20/2023 November 21, 2023 Brewster Conservation Commission By Email & Hand Delivery Attn: Bill Grafton, Conservation Administrator 1627 Main Street Brewster, MA Re: Amended Order of Conditions Application Filing Package Amended Order of Conditions SE9-1714 Doug Sheff 351 Point of Rocks Road Brewster, MA Map 79 Parcel 23 Dear Mr. Grafton, Ms. West, and Commission Members: On behalf of our client, Doug Sheff, we are submitting an original plus 10 copies of an Amended Order of Conditions Application Filing Package, an original check for municipal filing, and 10 copies of the plan for the above referenced project. The following items are enclosed: • Letter to Request to Amend Order of Conditions for SE9-1714 • Updated WPA Form 3, Section B. Findings • Property Access Authorization Form • Brewster Wetlands Protection By-law Fee Schedule • Copy of $150.00 check made payable to Town of Brewster for AOOC • Certified Abutter List • Abutter Notification Letter and Proof of Mailing • Town of Brewster FY 2024 Property Assessment • USGS Map identifying locus, NHESP, and ACEC boundaries • Crawford Land Management – Site Plan for Sheff Residence, 351 Point of Rocks Road dated 11/21/2023 Please schedule this for the December 12, 2023 public hearing. If you have any questions or require additional information, please give our office a call. Thank you. Sincerely, Jen Crawford, PLA, ASLA Crawford Land Management, President cc: MassDEP SERO Doug Sheff November 21, 2023 Brewster Conservation Commission Attn: William Grafton, Conservation Administrator Conservation Department 1657 Main Street Brewster, MA 02631 Re: Request to Amend the Order of Conditions for SE9-1714 Project Location: 351 Point of Rocks Road, Brewster, MA 02631 Dear Mr. Grafton, Ms. West, and Brewster Conservation Commissioners, Crawford Land Management (CLM) would like to respectfully request to Amend the Order of Conditions (AOOC) under SE9-1714. The applicant would like to amend the Order to include special conditions included under a separate permit, SE9-1797, which was permitted for the completion of shoreline stabilization work, including installation of a fiber roll array and sturdy sand drift fence as well as beach nourishment and revegetation work. SE9-1797 has expired, and the owner would like to seek compliance for this permit. In order to do this, the Commission has requested the filing of an AOOC to ensure that special conditions under this permit are included in an active permit. SE9-1714 SE9-1797 Order of Conditions Issued on: 8/10/2016 9/21/2018 Extension (1) issued on: 7/5/2019 N/A Extension (2) issued on: 11/20/2023 N/A Expiration Date: 9/12/2026 Expired: 9/21/2021 Included with this filing is a revised site plan combining all applicable aspects from each plan of record into one plan. The plans of record include: 1. SE 9-1714 - Existing Conditions Site Plan 351 Point of Rocks Road, Brewster, MA as completed by J.M. O’Reilly & Associates, Inc., dated 6/14/2016 2. SE 9-1714 – Heintzelman Residence 351 Point of Rocks Road, Brewster, MA as completed by Jenick Studio, dated 6/23/2016 3. SE 9-1797 – Proposed Site Plan 351 Point of Rocks Road, Brewster, MA as completed by J.M. O’Reilly & Associates, Inc., dated 8/2/2018 We request to include the following special conditions from SE 9-1797 in the active permit under SE 9- 1714 (these special conditions are taken directly from SE 9-1797 and may be altered as deemed necessary by the Commission), requested edits are in red: • Condition #A18. – To ensure protection of resource areas during construction, repair, maintenance, or beach nourishment, the applicant shall provide a bank check paid to the order of the Town of Brewster in the amount of $2,000.00. Said check shall be supplied to the Conservation Commission with the five day “Commencement of Work” notice. The applicant shall also submit the following information to the Town Treasurer for the purposes of setting up the account: o Name o Physical Address o Date of Birth (for an individual), and o Tax ID number (Passport number for Non US citizens) The amount shall remain with the Town Treasurer until such time as all work has proved successful and the applicant has requested in writing and received from the Conservation Commission, a Compliance Statement. • Condition #A22. – If Breakwater Beach is utilized for access, a steel plate shall be placed over the groin and drainage pipe at Breakwater Beach for protection. The edges of the steel plate shall be marked and identified, in order to ensure that vehicles shall not cross the drainage pipe without driving over the plate. • Condition #A24. – Any disturbed areas within the staging and access areas shall be revegetated in accordance with the approved plan • Condition #A25. – Revegetation materials shall be subject to review and approval of the Conservation Administrator prior to installation. • ONGOING Condition #A26. – The fiber roll array shall be maintained and monitored until such a time as they naturally degrade. If portions of the fiber roll array are damaged and in imminent danger of becoming dislodged and debris, the property owner shall remove them. • ONGOING Condition #A27. – As ongoing mitigation for this project, the fiber roll array shall remain covered with sand to protect from photo-degradation. At no time shall the fiber roll array be uncovered for more than thirty days, unless the use of a Brewster Town Landing is not approved by the Brewster Selectman’s Office. The fiber roll array will be covered as soon as access is possible. Beach Nourishment shall be performed in accordance with the conditions below. • Condition #A30. – If the property owner fails to maintain the fiber roll array and fails to keep the fiber rolls covered with sand in accordance with the Order of Conditions, the fiber rolls shall be removed. • Condition #A31. – If the monitoring reports show the fiber roll array to be detrimental to the surrounding resource areas, the Conservation Commission reserves the right to require their removal and replacement with sand nourishment. • Condition #A32. – Additional alterations to the shoreline stabilization project shall not be allowed without prior review by the Conservation Agent or the Conservation Commission. • Condition #A33. – The fiber roll array shall terminate ten (10) feet from the property line unless the adjacent property also has installed or has filed to install an adjoining shorefront protection system approved by the Conservation Commission; or unless the abutting property owner has granted written permission to install the fiber roll array to the property line. • ONGOING Condition #A42. The drift fence shall be maintained. If portions of the structure are damaged, the property owner shall remove them from the beach, dune, or tidal flats. • Condition #A43. – If the monitoring reports show the sand drift fence constructed of 4”x4” slats to be detrimental to the surrounding resource areas, the Conservation Commission reserves the right to require the slats to be replaced with 2”x3” slats. • ONGOING Condition #A45. – Beach grass shall be planted in staggered form, twelve (12) inches apart, two to three culms per hole, four to six inches deep. If beach grass does not survive, it shall be replaced by the property owner. • Condition #A46. – All new plantings shall survive three full growing seasons or be replaced in kind by the applicant and/or property owner. • ONGOING Condition #A47. – The existing wooden landing and stairway may be repaired or replaced within their respective, existing footprints as shown on the approved Site Plan under this Order of Conditions. (Proposed Site Plan, 351 Point of Rocks Road, Brewster, MA as completed by J.M. O’Reilly & Associates, Inc., and dated 8.2.2018.) • Condition #A48. – Timbers shall be cut upland of the bank within the siltation barriers but in no case less than 50 feet from resource areas, and sawdust and other waste products shall be contained and removed from the site daily. • Condition #A49. – Use of "CCA" chemically treated wood is prohibited for any portion of the structures; untreated wood, "ACQ" chemically treated wood or a plastic wood substitute shall be used. • Condition #A50. – If replaced, the structures shall be a minimum of 12 inches above grade, to encourage sunlight to penetrate below the structure. The distance between the decking shall be a minimum of three eights' (3/8) inch. The width of the stairs shall be a maximum of three feet. There shall be open risers throughout the stairway to allow the penetration of sunlight. • ONGOING Condition #A51. – A limit of work shall be established and shall be limited to one (1) horizontal foot on either side of the structures to minimize disturbance to the existing vegetation. Removal of vegetation for the purpose of repairing or replacing the structures as noted in the approved plan shall be minimal and limited to the area of work. Vegetation within the footprint of the structures may be pruned. Cutting and pruning of vegetation shall be kept to a minimum and shall be within the limit of work zone. • Condition #A53. – Any disturbance caused from the repair or replacement of the structures shall be stabilized using a 100% biodegradable erosion control matting, staked in place and planted with shrub and herbaceous species from the approved planting list at www.capecodextension.org). • Condition #A54. – Additional alterations to the structures shall not be allowed without prior review by the Conservation Agent or the Conservation Commission. • Condition #A55. – There shall be no lights installed on or near the structures. • Condition #A56. – A detailed monitoring report shall be submitted to the Conservation Commission prior to May 15, annually, outlining the condition of the shoreline protection measures, beach system and site conditions. The monitoring report shall include a detailed summary of any maintenance activities and beach nourishment activities. • Condition #A57. – Additional monitoring reports shall be submitted to the Conservation Commission within 14 days of any major storm event, including hurricanes, tropical storms, nor'easters, or blizzards. We request the following special conditions from the active permit SE 9-1714 to be an ongoing conditions (these special conditions are taken directly from SE 9-1714 and may be altered as deemed necessary by the Commission): • ONGOING Condition #A14. – Installation of in-ground irrigation systems shall be prohibited within 100 feet of any wetland resource areas. Temporary above ground irrigation systems may be used to establish plantings. • ONGOING Condition #A18. – Pesticides, herbicides and fungicides shall be prohibited within 100 feet of any wetlands, except in the instance of selective herbicide application using the “cut and wipe” method to treat individual stems of invasive species and stumps of removed trees as necessary. Herbicides used are to be applied by licensed individuals only. • ONGOING Condition – Previously restored areas shall be subject to receive ongoing maintenance to manage invasive, non-native and aggressive species in order to preserve the ecological integrity of the restored area in perpetuity. Maintenance shall be in accordance with the approved land management techniques. We hope that you see the value of incorporating these special conditions into the active permit. If you should have any questions, jen@crawfordlm.com or (508) 477-1346. Respectfully, Jennifer Crawford, PLA, ASLA PRESIDENT, CRAWFORD LAND MANAGEMENT wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1088 1. square feet 600 2. cubic yards beach nourishment e. Coastal Dunes 72 1. square feet 12 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 88 lf and 35+-(15 to 20 cu. yd.) 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 79/23/0 Key ZipCd/CountryMailing City STOwnerParcel ID Location Mailing Street MAHOLLISTON 0174620 SWIFT LANE 215 UNDERWOOD ST20 SWIFT LANE LLC615 69-98-0-R (6-5) MABREWSTER 02631347 POINT OF ROCKS ROAD PO BOX 1067SULLIVAN RAYMOND A TRUSTEE &616 69-99-0-R SULLIVAN JEANNE C TRUSTEE(6-6) MANEWTON CENTER 024597-5 SWIFT LANE 39 CRESCENT AVENUEDARWIN AMANDA D TRUSTEE614 69-100-0-R SWIFT REALTY TRUST(6-4) MABOSTON 02110351 POINT OF ROCKS ROAD 63 ATLANTIC AVENUESHEFF DOUGLAS K617 79-23-0-R (6-7) UNIT 8B MABREWSTER 026310 POINT OF ROCKS ROAD 2198 MAIN STREETBREWSTER TOWN OF618 79-24-0-E POINT OF ROCKS ROAD(6-7-1) MAWINCHESTER 01890300 FOSTER ROAD 4 WOOD LANETULLY MARK E & DANA M619 79-25-0-R (6-8) Page 111/13/2023 69-98-0-R 20 SWIFT LANE LLC 215 UNDERWOOD ST HOLLISTON, MA 01746 69-99-0-R SULLIVAN RAYMOND A TRUSTEE & SULLIVAN JEANNE C TRUSTEE PO BOX 1067 BREWSTER, MA 02631 69-100-0-R DARWIN AMANDA D TRUSTEE SWIFT REALTY TRUST 39 CRESCENT AVENUE NEWTON CENTER, MA 02459 79-23-0-R SHEFF DOUGLAS K 63 ATLANTIC AVENUE UNIT 8B BOSTON, MA 02110 79-24-0-E BREWSTER TOWN OF POINT OF ROCKS ROAD 2198 MAIN STREET BREWSTER, MA 02631 79-25-0-R TULLY MARK E & DANA M 4 WOOD LANE WINCHESTER, MA 01890 E X I S T I N G F O O T P A T H EXISTING STAIRS & LANDING PREVIOUSLY APPROVED STUMP SPROUTED CHERRY (SE 9-1714) VIRGINIA ROSE BAYBERRY BEACHPLUM BAYBERRY VIRGINIA ROSE EXIS T I N G S T A I R S PRE V I O U S VIEW C O R R I D O R (SE 9 - 1 5 1 5 ) S E R V I C E B E R R Y ; A P P R O V E D F O R P R U N I N G A S A D M I N R E V I E W 6 / 2 1 / 1 6 VIRGINIA ROSE VIRGINIA ROSE BUTTERFLYWEED BUTTERFLY WEED ST 5' SOIL REMOVAL 4" PVC VENT WITH 'SWEET-AIR' VENT CAP 13.1'± 10 . 4 ' ± 10.2 ' ± 13.8 ' ± (10 ' M I N . ) SA S DB SEE NOTE 16 5. 9 ' ± 5. 7 ' ± Existi n g 2 Bedro o m Dwelli n g TOF E L = 2 5 . 7 ± POINT OF R O C K S R O A D CB FND CB FN D PO S T FN D PO S T FN D Edg e o f P a v e m e n t Edge of D i r t R o a d Top of Coastal B a n k Coa s t a l B e a c h Velocity Z o n e VE El=15.0 BENCHMARK: Top of Concrete Bound EL=24.4± (NAVD88 Datum) 50 ' B u f f e r Zo n e 10 0 ' B u f f e r Zo n e Gravel Drive T o p o f C o a s t a l B a n k Pa t h 220'± 1 4 5 ' ± 1 4 . 0 0 ' 54.31' OH OH OH OH OH (Town W a y - V a r i a b l e W i d t h ) SWIFT L A N E Area=12,200 SF± SS S Ret. Wall EXISTING BOULDER (TYPICAL) 107.15' FND IP Bot t o m o f B a n k CA P E C O D B A Y 8" Wate r M a i n Wra c k L i n e 4 - 2 8 - 2 3 Bottom of Bank Top o f S c a r p San d D r i f t F e n c e Lawn Limit of Nourishment Limit of Nourishment Parcel 23 8 10 10 12 12 14 14 16 16 18 18 2 0 20 2 2 22 24 2 4 26 26 2 8 28 30 30 N 10 5 0 10 20 GENERAL NOTES 1. ALL RESTORATION WORK TO BE COMPLETED BY A QUALIFIED CONTRACTOR. 2. TEMPORARY, AUTOMATED, ABOVE-GROUND IRRIGATION TO BE PROVIDED TO NEW PLANTINGS FOR A MINIMUM OF TWO GROWING SEASONS UNTIL THEY ARE FULLY ESTABLISHED. 3. MAINTENANCE TO KEEP RESTORED AREAS FREE OF INVASIVE AND AGGRESSIVE SPECIES TO BE ONGOING. 4. EXACT LOCATIONS OF PLANTS MAY VARY BASED ON CURRENT CONDITIONS OR LOCATIONS OF NATIVE SHRUBS IN THE RESTORATION AREA. 5. VEGETATION MANAGEMENT AREAS HAVE BEEN UPDATED TO REFLECT CURRENT SITE CONDITIONS AND AREAS AS ORIGINAL PERMIT WAS COMPLETED PRIOR TO COASTAL STABILIZATION WORK. LEGEND PREVIOUSLY APPROVED RESTORATION AREAS. CONTINUE MAINTENANCE TO MANAGE INVASIVE AND AGGRESSIVE SPECIES COIR LOG SYSTEM (BURIED) SCALE: DATE: CONTACT: 88 Route 6A, Suite 2B | Sandwich, MA 02563 www.crawfordlm.com | 508.477.1346 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. NO:DATE:REVISION:BY: SITE PLAN 1 OF 1 1" = 10' 11/16/2023Sheff Residence 351 POINT OF ROCKS ROAD BREWSTER, MA SITE PLAN HAS BEEN COMPILED FROM THE FOLLOWING PERMITS AND PLAN OF RECORD: SE 9-1714 Existing Conditions Site Plan 351 Point of Rocks Road, Brewster, MA as completed by J.M. O'Reilly and Associates, Inc., dated 6/14/2016 SE 9-1714 Heintzelman Residence 351 Point of Rocks Rd., Brewster, MA as completed by Jenick Studio dated 6/23/2016 SE 9-1797 Proposed Site Plan, 351 Point of Rocks Road, Brewster, MA as completed by J.M. O'Reilly & Associates, Inc., and dated 8/2/2018 FOR PERMITTING PURPOSES ONLY; NOT FOR CONSTRUCTION 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