HomeMy Public PortalAboutPlanning Board Packet 03/27/24Town of Brewster Planning Board
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Planning Board
Amanda Bebrin, Chair
Alexander Wentworth
Vice Chair
Robert Michaels
Clerk
Charlotte Degen
Madalyn Hillis -Dineen
Antone Freitas
Elizabeth Taylor
Town Planner
Jonathon Idman
Senior Department
Assistant
Lynn St. Cyr
2198 Main St., Brewster, MA 02631
brewplan@brewster-ma.gov
(508) 896-3701 x1133
MEETING AGENDA
2198 Main Street
March 27, 2024 at 6:30 PM
This meeting will be conducted in person at the time and location identified above. This means that at least a
quorum of the members of the public body will attend the meeting in person and members of the public are
welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via
remote means in accordance with applicable law. Please note that while an option for remote attendance
and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended
or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or
participation, unless otherwise required by law. Members of the public with particular interest in any specific
item on this agenda, which includes an applicant and its representatives, should make plans for in -person vs.
virtual attendance accordingly.
Members of the public who wish to access the meeting may do so in the following manner:
Phone: Call (312) 626-6799 or (301) 715-8592. Webinar ID: 8410778 1002. Passcode: 612505.
To request to speak: Press *9 and wait to be recognized.
Zoom Webinar: https://us02web.zoom.us/1184107781002?pwd=VTVSV1ExaUNCL253NmNZV2lGdmo4dz09
Passcode: 612505. To request to speak: Tap Zoom "Raise Hand", then wait to be recognized.
When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise
participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the
meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18),
Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov).
The Planning Board packet can be found on the Calendar on the Town of Brewster website (www.brewster-
ma.gov). Please note that the Planning Board 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 Planning
Board on matters not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's
discretion. The Planning Board will not reply to statements made or answer questions
raised during public comment but may add items presented to a future agenda.
PUBLIC HEARINGS:
6. Special Permit and Site Plan Review Case No. 2024-04: Applicant/Owner: The Free Sea
Turtle, LLC, Paul Wallace, Manager, has applied for Site Plan Review under Brewster Zoning
Bylaw Article XII for a new commercial development on an undeveloped lot, and a Special
Permit under Brewster Zoning Bylaw Section 179-51 for uses including building and
construction trade shop or garage and a full -service restaurant, at 162 Underpass Road (Tax
Map 77 Parcel 9), located within the Commercial High Density (CH) Zoning District. The
Planning Board will consider and potentially vote whether to grant the Special Permit and
Site Plan Approval. (APPLICANT REQUESTS CONTINUANCE TO APRIL 10, 2024)
Planning Board
Amanda Bebrin, Chair
Alexander Wentworth
Vice Chair
Robert Michaels
Clerk
Charlotte Degen
Madalyn Hillis -Dineen
Antone Freitas
Elizabeth Taylor
Town Planner
Jonathon Idman
Senior Department
Assistant
Lynn St. Cyr
7. Special Permit and Site Plan Review Case No. 2024-05: Applicant/Owner: 162 Underpass
LLC, Charles Whitcomb III, Manager, has applied for Site Plan Review under Brewster Zoning
Bylaw Article XII for a new commercial development on an undeveloped lot, and a Special
Permit under Brewster Zoning Bylaw Section 179-51 for uses including building and
construction trade shop or garage and (1) accessory commercial dwelling unit, at Underpass
Road (Tax Map 77 Parcel 10 and 60), located within the Commercial High Density (CH)
Zoning District. The Planning Board will consider and potentially vote whether to grant the
Special Permit and Site Plan Approval. (APPLICANT REQUESTS CONTINUANCE TO APRIL 10,
2024)
8. Approval of Meeting Minutes: March 13, 2024.
9. Committee Reports.
10. For Your Information.
11. Matters Not Reasonably Anticipated by the Chair.
12. Next Meetings: April 10, 2024 and April 24, 2024.
13. Adjournment.
Date Posted:
03/21/24
Date Revised: Received by Town Clerk:
SPECIAL PERMIT AND SITE PLAN REVIEW
CASE NO. 2024-04
APPLICANT/OWNER: THE FREE SEA TURTLE, LLC
PAUL WALLACE, MANAGER
PROPERTY: 162 UNDERPASS ROAD (MAP 77 PARCEL 9)
AND
SPECIAL PERMIT AND SITE PLAN REVIEW
CASE NO. 2024-05
APPLICANT/OWNER: 162 UNDERPASS LLC
CHARLES WHITCOMB III, MANAGER
PROPERTY: 0 UNDERPASS ROAD (MAP 77 PARCEL
10&60)
Lynn St. Cyr
From: John O'Reilly <joreilly@jmoreillyassoc.com>
Sent: Thursday, March 21, 2024 12:13 PM
To: Lynn St. Cyr
Cc: Paul Wallace; Alyson Wright; Jonathon Idman
Subject: RE: Continuance for Special Permit and Site Plan Review Case Nos. 2024-04 and
2024-05
We are confirming we would like the Site Plan Review and Special Permit to be continued for both the Free Sea
Turtle LLC and the 162 Underpass Road, LLC to April 10, 2024.
Thank you
John O'Reilly
From: Lynn St. Cyr <Istcyr@brewster-ma.gov>
Sent: Thursday, March 21, 2024 12:10 PM
To: John O'Reilly <joreilly@jmoreillyassoc.com>
Cc: Paul Wallace <paulwallace@outerbarco.com>; Alyson Wright <awright@jmoreillyassoc.com>; Jonathon Idman
<jldman@brewster-ma.gov>
Subject: Continuance for Special Permit and Site Plan Review Case Nos. 2024-04 and 2024-05
Hello John,
Please confirm that you would like the public hearings scheduled for March 27, 2024 for The Free Sea Turtle, LLC (Case
No. 2024-04) and 162 Underpass LLC (Case No. 2024-05) continued to Wednesday, April 10, 2024.
Thank you,
Lynn
Lynn St. Cyr
Senior Department Assistant, Planning Department
Town of Brewster
2198 Main Street, Brewster, MA 02631
T: 508-896-3701 x1233
Brewster Town Offices will be open to the public Monday through Thursday from 8:30 am to 4:00 pm, and
by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov.
1
APPROVAL OF MEETING MINUTES DATED MARCH 13, 2024
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
MEETING MINUTES
Wednesday, March 13, 2024 at 6:30 pm
Brewster Town Office Building
Approved:
Vote:
Chair Amanda Bebrin convened a meeting of the Planning Board at 6:30 pm with the following members participating:
Charlotte Degen, Tony Freitas, Madalyn Hillis -Dineen, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Also
participating: Jon Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Bebrin declared that a quorum
of the Planning Board was present. The Meeting Participation Statement and Recording Statement were read.
6:31 PM PUBLIC ANNOUNCEMENTS AND COMMENT ,
None.
6:32 PM PUBLIC HEARING
Special Permit Case No. 2024-03: Applicant/Owner: Main Street Brewster Trust, Andrew K Murphy, Trustee d/b/a The
Peacemaker has applied for a special permit under Brewster Zoning Bylaw Article VI for a sign att2149 Main Street (Tax
Map 68 Parcel 121), located within the Residential Medium Density (RM) Zoning District.
Documents:
• 01/30/24 Planning Board Application
• 02/12/24 Staff Report
• 02/12/24 Zoning EnforcementOfficer Referral
Motion by Hillis -Dineen to Open the Public Hearing on Special Permit Case No. 2024-03. Second by Degen. Vote: 7-0-
0.
Applicant Andrew Murphy was,present. Murphy requested a sign -for his business located on the corner of Route 6A and
Old North Road. The business was previouily.the,Brewster Coffee Shop. The new business, the Peacemaker, serves
breakfast and lunch 7 days per week and is open from 7:00 am to 2:00 pm. Currently, there is a banner sign on the
building. Murphy statedthat historically the business has had a roof sign which was there for years. It was taken down
less than two years agowhen Brewster Coffee Shop closed and a new business opened. Murphy proposed a roof sign
and an additional freestanding' sign. The Zoning Bylaw limits sign area for this business to 16 SF. The total area of the
two proposed signs is 25 SF. Murphy requested a special permit to allow both signs on the property. He further stated
that he feels the roof sign is important for the business. He has also applied to the Historic District Committee (HDC)
and the proposed sign was approved, subject to conditions.
Idman stated that the HDC approved the roof sign subject to conditions as well as a freestanding ground sign which has
not been installed yet. Idman stated that the area of both signs totals 25 SF and a single purpose business is only
allowed 16 SF. The Zoning Bylaw allows the Planning Board to waive or modify sign requirements via a special permit
process. This is not a variance. Idman stated that Murphy is seeking a special permit to allow for 25 SF of signage.
Idman stated that if the special permit is approved, a condition stating that the permit was subject to final design
approval by the HDC should be included.
Taylor confirmed with the Applicant that the Planning Board had the final design of the sign that would be presented to
the HDC Chair. Murphy confirmed that the sign the Planning Board was reviewing was the revised design. The HDC
PB Minutes 03/13/24 Page 1 of 4
requested the sign be revised to not include bolded font. This design will be presented to the HDC Chair for final
approval.
Michaels stated that he did not have a problem with the design of the sign, but he did not understand why a larger size
was needed. He stated that a lot of thought went into the sign bylaw and the size should remain at 16 SF as it is for
other businesses. Michaels stated that the roof sign is visible from Route 6A but the ground sign may not be visible at all
times. Murphy responded that the ground sign is not always visible due to vehicles parking in front of it. Historically,
there has been a sign on the roof and he would like the option of a roof sign. Murphy stated that the sign is tasteful. He
noted that there are other businesses in Brewster with roof signs in addition to signs in front of their business. He
stated that he did not measure but he believes there are also businesses with signs greater than 16 SF.
Degen stated that she drove Route 6A to compare the signage to other businesses and found the signage for this
property to be different. She noted that the roof sign alone was greater than the allowed 16 SF. Murphy responded
that the proposed roof sign is smaller than the roof sign that was prevtouslyin place for the Brewster Coffee Shop.
Degen asked if the freestanding sign could be eliminated or reduced in -size and put on the building. Murphy responded
that historically there has been both a roof sign and ground sign oh the property. He further stated that reducing the
size of the roof sign would make it difficult to read.
Wentworth stated that he does not have an issue with the proposed signage. He agreed with the Applicant's comment
about the usage of A frame signs by local businesses in the summer. He thought the proposedf signage would help
reduce the use of A frame signs. Wentworth asked whether the special permit would include a:condition that stated the
total square footage of signage allowed on the property. Idman responded that the permit could include such a
condition and that additional conditions could include no additional signage and no usage of A frame signs on site.
Hillis -Dineen stated that the sign was tastefully done.She expressed concern about the size of the sign on the roof and
it being exposed to Cape Cod winds. Hillis -Dineen asked. if ;the sign would be professionally installed and if it would be
inspected by the Building Department. Idman responded that the` Building Commissioner will review and the sign will
need to meet the requirements of the building code. Murphy responded that the sign is sturdy and well made. He
stated that the sign will be installed by a profestional and properly secured.
Freitas stated that the signage, Including the roof sign, was there previously and he has no issue with the proposed
signage. Freitas confirmed with the Applicant that a total ofZS SF of signage is proposed which is 9 SF more than what is
allowed. Freitas asked if businesses using sandwich board signs should be seeking permits from the Planning Board.
Idman responded that;Qt all signs need a special permit from the Planning Board. Idman noted that there are different
requirements for single purpose businesses. Some sites have multiple businesses and those sites have individual
business signs and master signs. Idman stated that the Building Commissioner is the enforcement authority and if, for
example, signage is more than what is allowed then the Building Commissioner could refer the Applicant to the Planning
Board for a special permit.
Wentworth asked whether this application would be before the Planning Board for review if the previous Brewster
Coffee Shop sign was not taken down. Idman responded that if the sign was left up and no changes were made to the
sign than the current application would not be before the Planning Board. Because the Applicant is seeking changes to
the sign and the proposed sign is beyond the sign requirements in the bylaw, a Planning Board special permit is
necessary.
Michaels expressed concern that allowing this roof sign would lead to more requests for roof signs and/or larger signs
which could ultimately change the character of Route 6A. Idman stated that as a legal matter the Planning Board is not
creating precedent and the option to seek a special permit is relief offered under the bylaw. Idman further stated that
the Planning Board should be considering the property and application in front of them not future applications that may
PB Minutes 03/13/24 Page 2 of 4
be presented. Idman also noted that the proliferation of signs in this area is unlikely because this is a residential zoning
district and this business is a non -conforming use.
Degen stated that she recalls two previous applications in which the Planning Board decided not to approve changes for
the signage. She stated that she cannot approve changes to this sign because it would unfairly benefit this business.
Her decision is based on the sign regulations not the quality of the sign or the business.
Bebrin stated that she is comfortable with the sign given that the HDC would have final approval of the design and
because there has been roof sign at this property historically.
Motion by Wentworth to Close the Public Hearing on Special Permit Case No. 2024-03. Second by Degen. Vote: 7-0-0.
There was additional discussion by the Planning Board. Freitas noted that to keep both signs and total signage to 16 SF,
the roof sign would need to be reduced to 9 SF. Freitas stated that he liked the historic design of the sign. There was a
suggestion that the Applicant remove the freestanding sign and keep the roof -Sign. It was noted that a special permit
would still be needed because the roof sign alone is larger than, 16 SF. Degen suggested a motion that the property be
allowed no more than 18 SF of signage. Idman responded that the Planning Board May choose to approve the roof sign
as is rather than allow a total of 18 SF of signage because -that may lead to confusiontf.ihe Planning Board is approving
signage other than those presented to them. Wentworth stated that it was not fair to the Applicant to only allow the
roof sign that has a name only. A sign stating what the business`is/does should also be considered. Michaels stated that
he agrees that there should be signage diversity'but believes the'signage should be 16 SF or lesfor this location.
Motion by Hillis -Dineen to Reopen the Public Heating on Special Permit Case No. 2024-03. Second by Degen. Vote: 7-
0-0.
Murphy stated that he would like to keep the signs as proposed and would like the Planning Board to vote on the
proposal before them. He stated that historically there have been two signs on the property and he would like to keep it
that way. Murphy stated that he appreciates the regulations but feels each business needs to be looked at on a case -by -
case basis. He asked the Planning Board to consider the proposal as presented.
Idman stated that if the Planning Board's motion should include proposed conditions that HDC has final design approval
and no further signs are allowed on site. Board members can vote to approve or deny the signs as presented.
Motion by Wentworth to Close the Public Hearing on Special Permit Case No. 2024-03. Second by Degen. Vote: 7-0-0.
Motion by Wentworth to'Approve Special Permit Case No. 2024-03 subject to Final Design Approval by HDC and that
No Additional Signage is Allowed. Second by Freitas. Vote: 5-2-0.
7:07 PM PUBLIC HEARINGS CONTINUED
Special Permit and Site Plan Review Case No. 2024-04: Applicant/Owner: The Free Sea Turtle, LLC, Paul Wallace,
Manager, has applied for Site Plan Review under Brewster Zoning Bylaw Article XII for a new commercial development
on an undeveloped lot, and a Special Permit under Brewster Zoning Bylaw Section 179-51 for uses including building and
construction trade shop or garage and a full -service restaurant, at 162 Underpass Road (Tax Map 77 Parcel 9) located
within the Commercial High Density (CH) Zoning District.
Special Permit and Site Plan Review Case No. 2024-05: Applicant/Owner: 162 Underpass LLC, Charles Whitcomb III,
Manager, has applied for Site Plan Review under Brewster Zoning Bylaw Article XII for a new commercial development
on an undeveloped lot, and a Special Permit under Brewster Zoning Bylaw Section 179-51 for uses including building and
construction trade shop or garage and (1) accessory commercial dwelling unit, at Underpass Road (Tax Map 77 Parcel
10 and 60) located within the Commercial High Density (CH) Zoning District.
PB Minutes 03/13/24 Page 3 of 4
Documents:
• 03/08/24 Request to Continue
Motion by Wentworth to Continue Special Permit and Site Plan Review Case No. 2024-04 to March 27, 2024. Second
by Degen. Vote 7-0-0.
Motion by Wentworth to Continue Special Permit and Site Plan Review Case No. 2024-05 to March 27, 2024. Second
by Degen. Vote 7-0-0.
7:10 PM APPROVAL OF MEETING MINUTES
Approval of Meeting Minutes: February 28, 2024.
The Board reviewed the February 28, 2024 meeting minutes. Motion by Degen to Approve February 28, 2024 Meeting
Minutes. Second by Wentworth. Vote: 7-0-0.
7:11 PM COMMITTEE REPORTS
Freitas announced that the next meeting of the Brewster Affordable Housing Trust.will be on March 21, 2024. Degen
summarized the February 26th meeting of the Select Board which included discussionon the Library's Fix It Program,
early voting, the Health and Human Services Committee budget, Fire Department budgeting including the Safer Grant,
the sale of the home at 212 Yankee Drive, Sea Camps warrant articles for Town Meetingincl-uding clarification that no
funding is being requested at Town Meeting, and updated town policies including metal detection on town property.
Bebrin reiterated that the Sea Camps related Warrant articles will not include requests for funding. She announced tours
of the Pond Property will take place on April 6th arid April_.10th. Tours of the Bay Property will take place on April 17th and
April 27th. Bebrin also stated that there will be an information session on April 30th related to the Sea Camps Town
Meeting warrant articles. Additional information and contact information can be found on the Town's website and
questions can be emailed directly to the committees.
7:20 PM FOR YOUR INFORMATION
None. " ..
7:24 PM
None.
MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
Motion by Wentworth to Adjourn. Second by Degen. Vote: 7-0-0. The meeting adjourned at 7:17 PM.
Next Planning Board Meeting Date: March 27, 2024.
Respectfully submitted,
Lynn St. Cyr, Senior Department Assistant, Planning
PB Minutes 03/13/24 Page 4 of 4
FOR YOUR INFORMATION
Shorefront
Consulting
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 Planning Department
C/O Johnathan Idman
2198 Main Street
Brewster, MA 02631
By LISPS
March 15, 2024
Re: Chapter 91 Application Filing Package- Municipal Planning Board Notification
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 an original Chapter 91 Waterways License
application filing package for the above referenced project. The following items are enclosed:
• Chapter 91 Waterways License Application.
• Copy of Brewster Order of Conditions for SE9-1952 for the above referenced project.
• Plan entitled "Plan Accompanying Petition of The Hongying Xie Revocable Trust — 2012,
Hongying Xie, Trustee to Construct and Maintain a Seasonal Dock Within The Waters Of
Canoe Pond, At 104 Canoe Pond Drive, Brewster, Barnstable Massachusetts" dated January
29, 2024 (3 sheets)
In accordance with the Chapter 91 License application instructions, please sign and date page 6
indicating that you have received this package. Your review is not required at this time. If there are
any questions or concerns regarding this filing, please contact me as soon as possible. Please return
the signed signature page by USPS in the SASE envelope provided.
Sincerely,
Mark Burgess
Shorefront Consulting
B.S. Ocean Engineering
Enclosures: As Stated
cc: Hongying Xie (Applicant)
RECEIVED
MAR 1 8 2024
RPFINSTER PLANNING BOARD
ZONING BOARD OF APPEALS
Massachusetts Department of Environmental Protection
Chapter 91 Waterways Water -Dependent, Nonwater Dependent, Amendment Application
Municipal Planning Board Notification
Note to Permittee: This form should be submitted, with the top portion completed, to the municipal Planning Board
along with the complete application and project plans.
The Hongying Xie Revocable Trust — 2012. Hongvin2 Xie. Trustee
Name of Permittee
104 Canoe Pond Drive
Project Address
Canoe Pond Brewster
Name of Waterway City/Town
Description of project and use or change in use (this field is not limited to the one line shown).
Description of project
Proposed seasonal dock for private access to Canoe Pond
To be completed by the municipal Planning Board representative.
"I hereby certify that the project described above and more fully detailed in the Permittee's Waterways License
application and plans have been submitted by the Permittee to the municipal Planning Board."
VIAA,RAA.
Print Name of Municipal Planning Board Representative e
Date
� (J
Signature of M icipal Planning Board Representative Title city/Town
31;t/a
Note: Any Planning Board recommendation shall be submitted in accordance with 310 CMR 9.13(5). Comments
pertaining to this Application shall be submitted in accordance with 310 CMR 9.13(4); any comments submitted
after the close of the public comment period shall not constitute a basis for standing in any appeal pursuant to 310
CMR 9.13(4) and/or 310 CMR 9.17.
Planning.doc Rev_ 1021 Page 1 of 1
Maura T. Healey
Governor
Kimberley Driscoll
Lieutenant Governor
Commonwealth of Massachusetts
Executive Office of Energy and Environmental Affairs
Department of Environmental Protection
100 Cambridge Street 9th Floor Boston, MA 02114 • 617-292-5500
WW01 - Water -Dependent License/Permit
Application
Rebecca L. Tepper
Secretary
Bonnie Heiple
Commissioner
Permittee Information
Name: Hongying XIE
Phone: (617) 407-4737
Address: 10 ESTABROOK ROAD
WEST NEWTON, MA 02465
Permittee Company Information
Name: Shorefront Consulting
Mark Burgess
Phone: (508) 280-8046
Address: 290 CENTER STREET
DENNIS PORT, MA 02639
Property Owner Information
Name: The Hongying Xie Revocble Trust - 2012
Hongying Xie
Phone: (617) 407-4737
Address: 10 ESTABROOK ROAD
WEST NEWTON, MA 02465
Application Submitter Information
Name: MARK C BURGESS
Phone: (508) 280-8046, (508) 280-8046
Address: 290 CENTER STREET
DENNIS PORT, MA 02639
Location Information
Canoe Pond
104 CANOE POND DRIVE BREWSTER, MA 02631
Latitude: 41.73758
Longitude: 70.11921
List of Abutters
Full Legal Name
1
Abutting Property Address
John Fracassor Jr. & Adelita Orefice
28 Fosdyke Street, Providence, RI 02906
Charles O'Hearn 2006 Trust, U/D/T Dated Aril 10, 2006
86 Windsor Road, Needham, MA 02492
Additional Contacts Info
Please provide the Name of the
Permittee(s) exactly as it should be listed
in the license/permit that will be recorded
at the Registry of Deeds (the name(s)
listed here need to match the name(s)
listed on the plans or the license may be
rejected by the Registry of Deeds)
I hereby attest that I have listed all the
Permittees in the Application Contacts
section (each Permittee entered as a
separate contact - do not list 2 names in 1
field)
The Hongying XIE Revocable Trust - 2012, Hongying Xie, Trustee
Yes
Is the project site within a right of way? No
Are you submitting evidence of legal
authority to apply in lieu of the Property
Owner's Signature? If yes, please attach a
document 'Evidence of Legal Authority' in
the document section
I hereby attest that I have listed all the
Property Owners in the Application
Contacts section
I hereby attest that I have listed all the
Abutters in the above Contact table
section
No
Yes
Yes
Application Type
Please select the application type you are
applying for
Residential with less than or equal to 4 units
Project Information
1/29/2024
24-W W01 -0013 -APP
Page 2 of 4
Brief Description of Project (e.g., dock, Seasonal Dock in Great Pond
seawall, boat ramp, Harborwalk — if a
longer narrative is to be provided, please
upload a separate document)
Brief Description of Project Location - N/A
Non -Traditional Address (e.g., 'west end
Toronto Avenue right-of-way at Gloucester
Harbor' DO NOT complete this field if your
project has a traditional address - enter
N/A)
Proposed Use/Activity description Private boating access to Canoe Pond; A Great Pond
Is this site subject to 21 E? No
Does the project exceed the MEPA review No
thresholds for Waterways standards?
Is the Project site in an Environmental No
Justice Community?
Which Wetlands Protection Act process WPA Order of Conditions
document are you attaching?
Has there ever been a waterways No
jurisdictional determination issued for this
project site?
Does your project require a 401 water No
quality certificate? If yes, please attach if
currently available, a copy of '401 Water
Quality Certificate' in the document
section.
Are you seeking a Variance? If yes, please No
attach a supporting evidence of
compliance with 310 CMR 9.21, 'Variance
Supplement' in the document section.
Is the project located within the No
Designated Port Area? If yes, please
review the standards at 310 CMR 9.12 and
9.32.
Is the project located within an area
subject to State Approved Municipal
Harbor Plan? If yes, please attach
supporting evidence of compliance with
applicable MHP, 'MHP Supplement' in the
document section.
Are you seeking a CWD (consolidated
written determination) in accordance with
310 CMR 9.14(4)? If yes, please attach a
document 'CWD Supplement' in the
document section.
No
No
Does your project involve dredging? No
Documents
Documents
Required Documents:
1. Chapter 91 Plans
2. List of Environmental Regulatory Programs
3. WPA Order of Conditions
1/29/2024
24-WW01-0013-APP Page 3 of 4
Special Fee Provision
Exemption
Exclusion (special agreement or policy)
Substitution (ASP/IRP)
Double Fee for Enforcement
Hardship payment extension request
Attachments
Name
Description
Type
Latest Updated
XIE recorded Order
SE9-1952.pdf
Approved OOC for project
WPA Order of Conditions
01/29/2024
environmental -regulatory -pr
ograms.docx
Environmental programs list
List of Environmental Regulatory
Programs
01/29/2024
XIE License Plans Sheets
1-3 _ 1-29-24.pdf
XIE License plans sheets 1-3
Chapter 91 Plans
01/29/2024
Fee Info
Amount: $ 215.00
Status: Paid
Description: WW01 Application Fees
Payment Date: 29 -Jan -2024
Certification Information
Individual
MARK BURGESS
290 CENTER STREET
DENNIS PORT, MA 02639
United States
Telephone #: (508) 280-8046, (508) 280-8046
E-mail: shorefrontconsulting@gmail.com
I hereby certify that the information submitted in this application is true and accurate to the best of my knowledge. All
applicants and property owners must sign the "Proof of Signature" which will be provided after initial review by the Department.
All future application correspondence may be signed by the Application Submitter.
1/29/2024
24-WW01-0013-APP Page 4 of 4
4
Ek 36184 Psi 14 *2078
01-17-2024 & 03,228r
Please rate:
this form has
been modified
with added
space to
accommodate
the Registry
of Deeds
Requirements
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
'SPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General information
Provided by MassDEP:
SE9-1962
MassDEP FdWe #
eDEP Transaction #
Brewster
City frown
Brewster
t. From. Conservation Commission
2. This issuance is for a. Order of Conditions b, 0 Amended Order of Conditions
(check one}:
3. To: Applicant:
icon ytg 'ng Xie
a. First Name b. Last Name
When
Ma to Xie Revocable Trust - 2012
When it�ng �Y 9
out toasts on c. Cr izatian
the 10 Estabrootc Road
computer.
use only the d. Mailing Address
tab key to West Newton MA 02$45
tr. State g. Zits Code
move your e. City/Town
cursor • do
not use the ,t, Property Owner (if different from applicant):
return key.
test e. First Name b. Last Nemo
c. Organization
d. MaI ingi ,Address
e. City/Town
5. Project Location:
104 Canoe Pond Drive
f. State g, Zip Code
Brewster
a. Street Address b. Cityftwen.
24 60
r. Assessors Map/Plat Nth d. Parcel/Lot Number
Latitude and Longitude, if known: 41d44rn15.29s 70d7m9.16s
d', Latitude e. Longitude
oorisorrns.cko • raw 5.1&'NY26 Page lot 13
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4
Massachusetts Department of Environmental Protection
Bureau of Resource Protraction .. Wetlands
VVPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provide by MeesDEP:
SE9-1952
MassDEP Foe#
eDEP TrunututIon 4
Brewster
Cityrrow l
A. General Information (cont.)
e. Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Barnstable
a. County
35279
C. Soak
b. Certificate Number (if registered land)
264
d. Page
7. Dates: 5/2512023 12!12/2023 12/29/2023
a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Plan Showing Proposed Seasonal Dock
a. Plan TIIie
J.M. O'Reilly & Associates, Inc.
b. Preprad fay
10/27/2023
d. Final Revision Date
John O'Reilly, PLS, RPE
c. Signed end Stamped by
As Noted
e. Stale
Plan Showing Proposed Mitigation for Hongying Xie prepared by 11/29/2023
Shorefront Consulting
g. Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above -referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in Which work is proposed is significant to the following interests of the Wetlands
Protection Act (the Act). Check all that apply:
a, 0 Public Water Supply b. 0 Land Containing Shellfish
d. El Private Water Supply e. Fisheries
g. ;r / Groundwater Supply h-
2. This Commission hereby finds the pr4ect, as proposed, is: (check one of the following boxes)
Approved subject to:
►+i
C. Prevention of
Pollution
1. Protection of
Wildlife Habitat
Storm Damage Prevention i. I Flood Control
a. r 4 the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control,
v perom5.doc • rev 511812020 Page 2 013
- - a-- -- - 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M..G.L. c. 131, X40
B. Findings (cont.)
Denied because:
Provided by MassDEP:
8E9-1952
MassD€P File #
eDP Transaction #
Brewster
b. 0 the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of intent is submitted which provides rneasures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. O the information submitted by the applicant is not sufficient to describe the site, the work,
Or the effect of the work an the Interests Identified In the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information arid includes measures which are
adequate to protect the Act's Interests, and a final Order of Conditions is rued- A
description of the specific information which Is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. ►1 Buffer Zone Impacts: Shortest distance between limit of project 0
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feel
Inland Resource Area knpaects: Check all that apply below. (For Approvals Only)
Resource Area
4. ® Bank
5. Bordering
Vegetated Wetland
6. Land Under
Waterbodies and
Waterways
7. F:1 Bordering Land
Subject to Flooding
Cubic Feet Flood Storage
8. 0 Isolated Land
Subject to Flooding
Cubic Feet Rood Storage
9. 0 Rlverfront Area
Si ft within 140 ft
3q ft between 1 o0-
200 ft
Proposed
Alteration
a. linear feet
12
a- square feat
84
a. squere fee€.
e. r/y dredged
84
a. square feet
0
e. cubic feet
Permitted Proposed
Alteration Replacement
b. linear feet
12
b. square feet
84
b. square feet
c yr dredged
84
b. square feet
0
f. cubic feet
a. square feet b.. square feet
c. cubic feet
a. total sq. feet
o. square feet
g. square feet
d. cubic feet
b. tete'sq. feet
d. square feet
h. square feet
o. linear feet
o. square feet
c. square feet
G. square feet
g. cubic feet
e. cubic feat
e. square feet
i. square feet
Permitted
Replacement
d. linear feet
d. square feet
d. square feet
d. square feet
h. cubic feet
cubic feet
f. square feet
i_ schrare feel
wocontY5.d c •,v 5.131202.0
Page 3sd13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection ® Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L, c. 131, §40
Provided by MassDEP:
SE9-1952
Mass9EP Pie #
eDEP Transaction #
Brewster
ettyfTown
B. Findings (cont.)
Coastal Resource Area impacts: Check all that apply below, (For Approvals Only)
io. 0 Designated Port
Areas
,f. ❑ Land Under the
Ocean
12. ❑ Barrier Beaches
13. ❑ Coastal Beaches
14. ❑ Coastal Dunes
15. 0 Coastal Banks
16. 0 Rocky Intertidal
Shores
17. 0 Salt Marshes
1s, ❑ Land Under Salt
Ponds
1s. 0 Land Containing
Shellfish
20. 0 Fish Runts
21. ❑ Land Subject to
Coastal Storm
Flowage
22, ❑ Riverfront Area
Sq ft witiln 100 ft
Sq ft between '100-
200ft
Proposed
Alteration
Permitted Proposed Permitted
Alteration Replacement Replacement
Indicate size under •Land Under the Ocean, below
a, square feet b. square feet
c. dy dredged d. avy dredged
Indicate size under Coastal Beaches and/or Coastal Dunes
below
a square feet
a. square feet
e. Nnear feet
a. square feet
square feet
a. square feet
c. sty dredged
a. square feet
b. square feet
b. square feet
b. Wear feet
b. square feet
b. square feet
b. square feet
d, chi dredged
b. square feet
cu yd
c. nourishment
yet
c. nourishment
c. ware- feet
o. square feet
cu yd
d. nourishment
cu yd
d, nourishment
d. square feel
d_ square feet
Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a. clyy dredged
a. square feet
a. total sq, feet
c. square feet
94 square feet
b. eh' dredged
b. square feat
b. total sq. 'feet
d. square feet
h. square feet
a sure fleet
I. square feet
f. square feet
j. sure feet
wRafom`i.dvc • rovV1 2020
Page -S cf 13
-- -- ••-- - 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 6- Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE9-1952
MassDEP File
eDEP T aman0
Brewster
City/Town
8. Findings (cont.)
*023. e 23. 0 Restoration/Enhan ment *:
project is the purpose of
restoring or
entrancing a a. square test of BVW
wetland
resource area 24. CI Stream Crossings):
in addition to
the square
footage that
has been
entered in
Section B,5 e
(13vvvIar The following conditions are only applicable to Approved projects.
&tea (sat
Marsh) above, 1, 1=aFure to comply with all conditions stated herein„ and with all related statutes and other
please enter regulatory measures, shall be deemed cause to revoke or modify this Order.
the additional
�%
mount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. The work is a maintenance dredging project as provided for in the Act or
b. The time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circurristanees warranting
the extended tine period are set forth as a special condition in this Order,
c. if the work is for ,a Test Protect, this Order of Conditions shall be valid for no more than
one year.
a. number of new stream crossings
b. square feet of salt marah
b. number of repincement stream ercesings
C. General Conditions Under Massachusetts Wetlands Protection Act
5. This Order may be extended by the issuing authority for one or more periods of up 10 three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CMR 10.05(11)(f).
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on 1212912026 unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris„ Including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing,
yet�.wEd= +rev Kfeo2 23 Pepe5ei13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by Masst3EP:
SE4-1952
MassDEP Re#
etrEP Transaction #
Brewster
atyrrown
G. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until ail administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed,
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of reoorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. hi the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection° for, °MassDEPaj
'File Number SE9-1952
11. Where the Department of Environmental Pro eutlon is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change- is significant enough
to require the fling of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order_
wpefofInS.Coc - FEN' 5,113/20.20 Faye fi of 13
-
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act I.G.L. c_ 131, §40
Provided by MassDEP:
9-1952
MassDEP Fite #
eDEP Transaction
Brewster
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18_ All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means, M no time shall sediments be
deposited In a wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed_ The applicant shall Immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion andtor damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
19. The work associated with this Order (the 'Project')
(1) D is subject to the MassachusettsStormwater Standards
(2) ►:1 is NOT subject to the Massachusetts Stormwater Standards
tithe work is subject to the Stormwater Standards, then the project is subject to the
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized_
b) No stormwater runoff may be discharged to the post -construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
L all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs Intended to be converter)
to post construction operation for stormwater attenuation, recharge, andlor treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
R. as -built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer. certifying the site is fully stabilized;
rri any illicit discharges to the storrnwater management system have been removed, as per
the requirements of Stormwater Standard 10;
wpefeces5.aoc>rev U1612O2O Page 7 o+f 93
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L, c. 131, §40 eDEP Transac4an #
Brewster
Provided by MassDEP:
8E9-1952
Mass1}EP 9e #
City/Iowa
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
h'. all post -construction stomiwater BMPs are installed in accordance with the plans
(Including all planting plans) approved by the Issuing .authority, and have been inspected to
ensure that they are not damaged and that they are in proper working Condition;
v. any vegetation associated with post -construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior b
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation andMaintenance Compliance Staternent ("O&M Statement) forth
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan ("O&M Plan) and certifying the following:
1) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post -construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi -Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A :plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpetorrn5.doc • rev 6ra8r202) Pogo a of !3
Massachusetts Department Of Environmental ProteCtiOn
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.C.L. c. 131, §40
Provided by ittessDEP:
SE9-1952
MassDEP Flee #
eDEP Transaction #
Brewster
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
9)
The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission (tommission9) upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from story ter BMPs shall be disposed
of in accordance with a applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved In the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
I) Access for maintenance, repair, andfor replacement of MIN shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
See Special Conditions.
20. For Test Projects subject to 310 CMR 10.05(11). the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
wpdfixm6.doo • rev 51+812)20
J-
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.C.L. c. 131, §40
Provided by MassDEP:
SE9-1952
MassDEP Hie*
e1EP Transaction #
Brewster
City/Town
D. Findings Linder Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ►.A Yes El No
2. The Brewster hereby finds (check one that applies):
Conservation Commission
a 0 that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
Code of the Town of Brewster 172
1. Municipal Ordinance or Byaw 2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
intent is submitted which provides measures which are adequate to meet these
standards. and a final. Order of Conditions is issued,
b. n that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
Code of the Town of Brewster 172
1. Municipal Ordinarboe or Bylaw 2. Citation
$. The Commission orders that all work shall be performed in accordance with the foaming
conditions and with the Notice of Intent referenced above_ To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
See Special Conditions.
opakftr aloe • rev 518,12020 Page 10 or 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Signatures
This Omer is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the date of issuance.
Please indicate the number of members who will sign this forum.
This Order must be signed bye majority of the Conservation Commission.
Provided by Ma ]EP;
SE9-1 952
MassDEP File #
d6EP Tr section
Brewster _T
Citytrown
.2474123
i. Date o Issuance
2. Number of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing eisctmnicatly, and the property owner, if different
front applicant.
Brewster Conservation Commission
Signature
by hand delivery on
2i2-3
Mike Tobin, Chair
Printed Name
Casey Chateiain, Vice Chair
Printed Name
Bruce Evans
Printed Norm
Gary Kaser
Printed Nance
Kimberley Crocker Pearson
Printed Name
Ron Slowek
Printed Name
Steve McKenna
Printed Name
Printed Name
by certified mail, return receipt
requested, on
Date
+.perorm5 doe reru SJ19QV30
Page 11 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - VVetiands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §4O
provided by MassDEF:
SE9-1952
totassDEP File #
eDEP Trersacbion #
Brewster
brtyrries-T-11-
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at ttie same time be sent by
certified rnaI or hand delivery to the Conservation Commission and to the applicant, if ha/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to Issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act (M.O.L. c. 131, § 40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaktr.tSdb •(ev571$12O2Q Page 12nf13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
Provided by Mass€ EP:
8E9-1052
MassDEP
eDEP Transaction #
Brewster
frown
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. in the case of recorded land, the Final Oder shalt also be noted in the
Registry's Granter Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
Brewster
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
To:
Brewster
Coriservation Commission
Please be advised that the Order of Conditions for the Project at:
104 Canoe Pond Drive, .Brewster, MA _ 8E9 -11952y _ _
Project Location CEP fire Number
FIas been recorded at the Registry of Deeds of:
Barnstable
County Book Page
Property tender
and has been noted in the chain of title of the affected property in:
Book Page
in accordance with the Order of Conditions issued on:
Date
If recorded land. the instrument number identifying this transaction is:
instrument Number
if registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wp&forrtt5.doo - rev artmax°
Page lad 1a
Addendum A to WPA Forms Order of Conditions
Hongying Xie Revocable Trust104 Canoe Pond Drive, Order of Conditions 5E9-1952,
Assessor's Map 24, Parcel 60
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Massachusetts Wetlands Protection Act (M.G.L. 0.131 S. 40)
And
Code of the Town of Brewster Chapter 172
Brewster Wetlands Protection By-law {BWP By-Iaw)
Project Description:
The approved work includes construction of a seasonal dock, removal of the •existing permanent
kayak rack to be relocated tend the 50 -foot setback depicted on the approved site plan
referenced in A. General Information Item 8, storage of the seasonal dock sections beyond the
50 -foot setback depicted on the approved site plan referenced in A. General Information Item 8
and required native plantings including (3) three successive growing seasons and submittal of (3)
three annual monitoring reports on and within 50 and 100 feet of inland resource areas.
Resource Area Identification:
The affected resource areas under the Massachusetts Wetlands Protection Act (M:G.L. Ch.131 §.
40) are Bank (310 CMR 10.54), Bordering Vegetated Wetland (310 CMR 10.55), Land Under
Water Bodies and Waterways (310 CMR 14.56), Land Subject to Flooding (310 CMR 10.57), and
Estimated Habits of Rare Wildlife (for Inland Wetlands) (310 CMR 10.59).
The affected resource area under the Brewster Wetlands Protection Bylaw (Chapter 172) are
inland Bank (Brewster Wetland Regulations 3,01), Vegetated Wetland (Brewster Wetland
Regulations 3.02), Land Under Water Bodies (Brewster Wetland Regulations 3.03), and Land
Subject to Flooding (Brewster Wetland Regulation 3.04).
Interests Protected by the Brewster Wetlands Protection By-law:
Wildlife
Public and Private Water Supply
Groundwater and Groundwater Quality
Flood Control
Storm Damage Prevention
Fisheries
Erosion and sedimentation control
Water duality in the Numerous Ponds in the Town
Historic Values
Aesthetics
Performance Standards implicated by Proposed Project under Mass. Wetlands
Protection Act and Wetland Regulations:
Bank, 310 CMR 10.54 (4)
Bordering Vegetated Wetland, 310 CMR 10.55 (4)
Land Under Water Bodies and Waterways, 310 CMR 10;56 (4)
Land Subject to Flooding, 310 CMR 10.57 (4)
Local Performance Standards Implicated by Proposed Project under Brewster
Wetlands Protection Bylaw and Wetlands Regulations:
inland Bank, 3.01 (3) (4)
Vegetated Weiland, 3.02 (3) (4)
Hongylng Xie Revocable Trust, 104 Canoe Pond Drive, 1
Order of Conditions 5E9-1952 Findings/ Special Conditions
Land Under Water Bodies, 3.03 (3) (4)
Land Subject to Flooding, 3.04 (3) (4)
Findings under Massachusetts Wetlands Protection Act and Wetland Regulations
The Brewster Conservation Commission finds that the project can be conditioned to meet the
perfarmance standards set forth in the wetland regulations. See Special Conditions below.
Findings under Brewster Wetlands Protection Bylaw and Wetlands Regulations
The Brewster Conservation Commission finds that the project can be conditioned to comply with
the Brewster Wetlands Protection Bylaw and Regulations. See Special Conditions below.
Portions of the proposed work are on and within 50 and 100 feet of an Inland Bank, Vegetated
Wetlands, Land Under Water Bodies, and Land Subject To Flooding.
Sections 3.01(3), 3.02(3), 3.03(3), and 3.04(3) of the Brewster Wetlands Protection Regulations
all require a variance from the regulations granted pursuant to Section 5.01 of the regulations.
A variance may be granted only for the following reasons and upon the following conditions:
a) 1) mitigating measures are proposed that will allow the project to be conditioned
so that
, it( contributes
to the protection of the resource values identi�d in the
4` Wetlands Bylaw; and
2) the Conservation COMMISSIOT1 triads no reasonable alternative for such a
project within the proposed site; and
3) there will be no adverse impact from the proposed project; or
b) that the project is necessary to accommodate an overriding public interest or that
it is necessary to avoid a decision that so restricts the use of property that It
constitutes an unconstitutional taking without compensatlarr.
The Brewster Conservation Commission finds that mitigating measures have been
proposed that will allow the project to be conditioned so that it contributes to the
protection of the resource values identified In the Wetlands By-law. The mitigating
measures include erosion control, removal of a permanent kayak rack from within the 50 -
foot setback to the wetlands and mitigation plantings.
Alternatives were addressed and submitted by Shorefront Consulting with the
Commission during the June 13, 2023 and December 12, 2023 Commission Public
Meeting. The Conservation Commission finds that the proposed project is a reasonable
alternative.
The Brewster Conservation Commission finds that the project can be conditioned so
there are no adverse impacts form the proposed project to the interests protected by the
Brewster Wetlands Protection Bylaw.
The Brewster Conservation Commission finds that variance criteria b), 'that the project is
necessary to accommodate an overriding public interest or that it is necessary to avoid a decision
that so restricts the use of property that it constitutes an unconstitutional taking without
compensation," does not apply to this project,
For the above stated reasons, the Conservation Commission grants a variance to Sections
3.01(3), 3.02(3), 3.03(3), and 3.44(3) of the Brewster Wetlands Protection Bylaw Regulations.
Special Conditions under the Mass. Wetlands Protection Act and Wetlands
Hongyin9 Xie Revocable Trust, 104 Canoe Pond Drive,
Order of Conditions SE9-1952 Findings/ Special Conditions
2
Regulations and under the Brewster Wetlands Protection Bylaw and Wetlands
Regulations:
The Brewster Conservation Commission hereby finds that the following additional conditions are
necessary to comply with performance standards set forth in the Massachusetts Wetlands
Protection Act and Wetland Regulations and the Brewster Wetlands Protection By-law_
The Conservation Commission orders that all work shall be performed in accordance with said
additional conditions and with the Notice of Intent referenced above. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted
with the Notice of intent, the conditions shall control.
Al _ Ali local, state and federal approvals shall be obtained for this project before work can
commence_ Copies of all approvals shall be forwarded to the Brewster Conservation
Commission.
A2. This permit is granted under Section 172-7 of the Brewster Wetlands Protection By-law,
subject to the conditions imposed, for a period of (3) three years from the issuance date of the
original Order of Conditions. The Conservation Commission may issue extensions, each for a
period of time up to (3) three years, based on review of the site and other criteria. Requests for
each extension shall be submitted in writing, no less than 30 days prior to the expiration date.
Thls Order of Conditions shall expire on December 29, 2026.
A3. The Agent or other employee, members of the Conservation Commission and Officials of the
Department of Environmental Protection shall have the right to enter and inspect the area subject
to this Order, at reasonable hours, to evaluate compliance with the conditions stated in this Order.
Said persons may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation. This right of entry shall remain until such time as
a Certificate of Compliance bas been issued, recorded in the Registry of Deeds or Land Court,
Barnstable County, and returned to the Conservation Department..
A4. This order shall apply to any successors and assigns in interest or control and any other
person engaging in activity on the property identified in the Notice of Intent.
A5. Violation of any of these Conditions shall subject the violator and the landowner to a fine (of
not more than $300.00 per day) pursuant to Section 172.11 of the Town of Brewster Wetlands
Protection By-law, until all violations have been corrected to the satisfaction of the &ewster
Conservation Commission.
A6. All work shall be in accordance with the approved plan of record referenced in A. General
Information item 8 in the WPA Form 5/Order of Conditions. If any changes are made in the
above -described plan which may or will alter an area subject to protection under the Wetlands
Protection Act and the Town of Brewster Wetlands Protection By-law, or any changes in activity
subject to regulations under G.L. c. 131 §40, or the Towri of Brewster local regulations occurs,.
the applicant shall inquire from this Commission in writing, prior to implementation in the field,
whether the change(s) is significant enough to require an Amended Order of Conditions or the
filing of a new Notice of Intent. Any errors in the plans or information submitted by the applicant
shall be considered changes and the above procedures shall be followed.
A7. A copy of this Order of Conditions/Permit shall be kept on site at all times during project
activities. This is the owner's responsibility. The owner shall see that all contractors and
subcontractors retained during construction receive a copy of this Order. Workers shall be
prepared to produce the Order and all plans and supporting documents referenced in the Order,
upon request of the Conservation Agent or any member of the Conservation Commission.
Hongyirfg xi° Revocable Trust, 104 Canoe Pond Drive, 3
Order of Conditions SEtf-1952 Findings! Special Conditions
AS. Prior to project activities an erosion control barrierilimit of work (siltation fence or staked
haybalesrstraw wattles) shall be properly installed, as close to the proposed patio as possible.
This barrier shall constitute the limit of work. The siltation barrier shall be removed only after any
threat of erosion no longer exists, and all disturbed areas are stabilized by vegetation or other
means. Any siltation buildup on the upland side shall be removed. Any commencement of work
activities prior to the proper installation of erosion controls and an inspection and approval by the
Conservation Commission may result In a cease and desist action, and possible fines of up to
$3(0.00 per day for each day of violation.
A9. A supply of extra siltation barriers shall be stored on site for emergency use.
A10. After the siltation barrlerllimlt of work has been set and a minimum of five (5) days before
commencement of work, the owner shall notify the Conservation Department using the Owner
affirmation of responsibility for work/request for site Inspection— form,which shall be
signed by the owner of the property as well as the contractor in charge of the work. The
Commission's Agent will schedule an on -site meeting of the contractor(s) responsible, to ensure.
that the requirements of this Order are understood. No work shall begin unfit after the on -site
meeting.
At the on -site meeting, the contractor and the Conservation Agent will review access and protocol
for project activities.
During this on -site consultation, the Conservation Agent or Commissioner may require minor
modifications to the approved site plan (relating to worklconstruction methodology) to the Order of
Conditions. If so, saki conditions will be provided in writing at the time of said on -site meeting.
A11. Also prior to commencement of project activities, a series of dated color photographs shall
be taken of the entire resource area and buffer area, and siltation barrier, and shall include any
erosion and revegetation area. A set of photographs shall be submitted to the Conservation
Department for the applicant's permit fie, with the notification form. These photos shall be
labeled with the Assessor's Map and Parcel, and street address, date and general view
description.
Another series of dated color photographs shall be taken of the resource area and buffer area
when the work is completed, and fully revegetated and stable_ These photographs shall be
submitted to the Conservation office at the time a Certificate of Compliance is requested, and
shall remain in the applicant's permit file. The photos shall be labeled with the Assessor's Map
and Parcel, and street address, date and general view des+xiption.
Al2. Any debris, fill or excavated material on site shall be stockpiled away from designated
wetlands. Unsuitable or excess excavated material shall be properly stabilized or removed from
the site.
A13. Ail structures, fatuities and equipment, as part of this project, shall be continually operated
and maintained so as to comply with this permit. This provision applies specifically to all
equipment used on this protect, Any leakage of cll, hydraulic fluid, fuel, or any other pollutant
shall be cleaned up immediately, and the defective equipment responsible for said leakage shall
be immediately repaired or taken off site.
A14. Mulch shall not be a substitute for groundcover or shrubs in jurisdictional areas.
A15. Any fertilizers used within 100 feet of any wetland resources shall be listed by or comprised
of organic ingredients consistent with the United States Department of Agriculture National
Organic Program (NOP). Organic fertilizers shall be used in an appropriate manner for the
conditions of the subject property, and applied in accordance to the manufacturer's specifications.
I-iongying Xis Revocable Trust, 104 Canoe Pond Drive, 4
Order of Conditions SE9-1952 Findings/ Speclaf Conditions
A16. Installation of In -ground Irrigation systems shall be prohibited within 100 feet of any wetland
resource areas. My components of theexisting in -ground irrigation system within 100 feet of the
wetland resource areas shall be removed. Temporary above ground irrigation systems may be
used to establish mitigation plantings.
A17. Pesticides, herbicides and fungicides shall be prohibited within 100 feet of any wetlands.
A18. Spotlights and floodlights shall not be Installed within the 100 foot buffer zone of a resource
area; nor shall any spotlight or floodlight penetrate a resource area or 100 foot buffer zone. Any
existing spotlights or flood lights within 100 feet of the wetland resource areas shall be removed.
Any existing spotlights or flood lights which may Illuminate the 100 foot buffer shall be directed
downward and shielded so the light does not illuminate wildlife habitat in jurisdictional areas.
Ale. Any disturbed areas on site shall be revegetated with appropriately sized and spaced
approved plant species"' and stabilized with 100% biodegradable erosion control setting, which
shall stay in place after final grading, Other disturbed areas shall be covered with foyer to six
inches of organic topsoil which is free of weed seeds and debris, and planted with appropriately
sized and spaced approved plant species* or in accordance with the site/planting plan. All
disturbed areas shall be completely revegetated during the first growing season after the
permitted work is complete. *Approved plant species, size and spacing are those on the fist of
acceptable plantings for inland resource areas buffer zones of the Cape Cod Cooperative
Extension (www.capecodextension.org). Turf lawn is prohibited within the 100 -foot buffer zone to
wetlands.
Dock, Seasonal Dock Sections Storage & Kayak Relocation
For the purpose of these orders, the word, "dock" shall include any portion of the structure.
A20. All seasonal components shall be stored and secured at an approved site outside of the 50
foot buffer. Each year, the seasonal dock shall be removed before November 30th and shall not
be reinstalled until after May 15th_ The seasonal dock sections shall be stored beyond the 50 -
foot setback depicted on the approved site plans referenced In A. General Information Item 8 of
the WPA Form 5/SE9-1952.
A21. All materials used to construct and maintain the dock shall be oonsistent with high water
quality goals. All replaced hardware shall be corrosion resistant. Use of chemically treated wood
is strictly prohibited for any portion of the structure.
A22. Appropriate materials for dock construction include aluminum and fiberglass which are
preferred construction materials due to lightweight and non -leaching characteristics. Rot -resistant
plastic/wood composite alternatives are also a preferred option. Untreated, rot -resistant wood
such as white cedar is an acceptable alternative as well. Chromated copper arsenate (CCA)
chemically treated woods are prohibited within the Jurisdiction of the Conservation Commission.
Stepping stones, as noted in the plan of record, shall take the place of the proposed ramp.
A23. There shall be no lights installed on or near the structure. Electric service on the structure
shall not be permitted.
A24. Storage of gasoline, oil, grease, pollutants or hazardous materials on the dock is prohibited.
A25. The Conservation Commission strongly recommends the use of electric motors to eliminate
water quality impacts, for the protection of fin -fish and other wildlife habitat, and for the protection
of the drinking water supply.
A26. No boat shall be berthed at the dock such that at any time less than one foot of water lies
between the bottom of the bat and the substrate,
Hongying Xis Revocable Trust, 104 Canoe Pond Drive, 5
larder of Conditions SE9-1952 Findings/ Special Conditions
A27. The dock shall be labeled (using 3" numbers in a contrasting color) with the owner's name
and street address.
A28. The applicant may repair damaged portions, but not reconfigure or expand the structure. As
much of the repairs as possible shall be performed in the upland_
A29. The dock shall be elevated over the bank or wetland, according to the plan. The distance
between the decking shall be a minimum of 3/8 inch.
A30. This dock requires a Chapter 91 license from the Commonwealth of Massachusetts. A copy
of the recorded Ch. 91 license shall be forwarded to the Conservation Administrator prior to prior
to the installation of the dock.
A31. Any repairs, modifications and/or reconfiguration of the dock shall require prior written
approval from the Conservation Commission.
A32. The permanent kayak rack located within 25 feet of Canoe Pond shall be removed and
relocated beyond the 50 -foot setback depicted on the approved site plans referenced in A.
General Information Item 8 of the WPA Form 5/SE9-1952.
Mitigation Plantings
A33. Mitigation plantings shall be in accordance with the approved mitigation planting plan and
protocols referenced in A. General information, Item 8 of these Order of Conditions/WPA Form
51SE9-1952 the first planting season following the dock construction.
A34. Substitutions from the approved plants shall be subject to review and approval by the
Conservation Administrator with all disputes to be reviewed by the Conservation Commission as
either a Request for Minor Change To Plan or Request for Amended Order of Conditions.
A35. All new plantings shall be tagged in the field for monitoring purposes. The tags shall remain
on the planted species for easy inspection by the Conservation Administrator and/or
Conservation Commission, through the required monitoring period(s).
A36. All new plantings shall survive (3) three full growing seasons or be replaced in kind by the
applicant and/or property owner.
A37. Ongoing Maintenance at the end of the (3) three year monitoring period is approved. To
maintain this work/activity as approved, submit an Extension Order of Conditions/WPA Form 7
(30) days in advance of the expiration of these Order of Conditions/SE9-1952 or any subsequent
Amended Order of Conditions A Form: 5 or Extension Order of Conditions/WPA Form 7.
MonitoringlReportiirtg
A38. The new mitigation plantings and subsequent replacement mitigation plantings shall be
monitored for (3) three years after the time of the planting implementation, An implementation
planting report shall be submitted by June 1g for Spring implementation plantings or December
1 3i far Fall implementation plantings. The annual monitoring reports for the new mitigation plants
shall commence to coincide with the next December 1st after the implementation planting report
is completed and submitted to the Conservation Administrator. The tags shall remain attached to
the planted mitigation plants until the Conservation Commission has approved the new mitigation
planting survivability.
A39_ Annual monitoring reports of the approved vegetative management (native plantings, vista
Hongyin'9 }Cie Revocable Trust, 104 Canoe Pond Drive, 6
Order of Conditions SE9-1952 Findings/ Special Conditions
corridor establishment, invasive plant and opportunistic native plant control, selective native plant
control and establishment of a tong -term management plan) or approved revised vegetative
management via a Commission ratified Minor Change to Plan or Amended Order of Conditions.
Annual monitoring reports and photographs of the mitigation plantings shall be completed by an
approved errvironnental consultant and submitted to the Conservation Commission prior to
December 90 on an annual basis.
A40. The annual monitoring reports shall comply with the Commission's requirements containing
Map and Parcel, the permit validity, project description as detailed in the Special Conditions of
SE9-1952, any approved Minor Change to € lan or Amended Order of Conditions, a description of
any vegetative management activities, any other impacts to the wetland resources resulting from
the work on this project and any recommended future actions. A cumulative table of the
approved plant species, the implementation plant species and any subsequent
deviations/updates during the subsequent annual monitoring events shall be included in ail
reports submitted to the Conservation Administrator. Contact the Conservation Administrator for
guidance if there are any anticipated delays meeting any deadlines or regarding the
Commission's requirements for the annual monitoring reports.
Project Completion/Certificate of Compliance
A41. A final report„ which shall include any effect on the wetland resources shall be submitted
following completion of the project and prior to a Request for Certificate of Co nplianoe
(RGOC)JWPA Form 8A, A final series of dated color photographs shall be taken of the resource
and buffer areas when the work is completed. These photographs shall be submitted to the
Conservation office at the time a Certificate of Compliance (CDC PA Form BB is requested,
and shall remain in the applicant's permit file. These photos shall be labeled with the Assessor's
Map and Parcel, and street address, date and general view description.
A42. Before Issuing a Certificate of Compliance, the Conservation Commission requires that (3)
three growing .seasons for mitigation plantings and (3) three annual monitoring reports after the
implementation of the plantings is completed based on the Commission's requirements.
A43. On completion of the entire project, the applicant or representative shall submit a written
request for a Certificate of Compliance on WPA Form 8A - Request for Certificate of Compliance.
The approved plans and protocols are referenced in A. General Information, Item 8 of these
Order of ConditionsJWPA Form 51SE9-1952_ An As -Butt Plan including As -Planted conditions is
required along with a written statement by a RPE or PLS certifying substantial compliance with
the Order of Conditions/$E9-1952. If the As -Built Plan including As -Planted conditions shows
any deviation from the approved plans and protocols referenced in A. General 'Won -nation, Item
8, the RPE or PLS shall describe said deviation in the written statement. This WPA Font 8A shall
be accompanied by payment of a non-refundable filing fee to the Town of Brewster. Without a
Certificate of Compliance which has been recorded (at the Registry of Deeds or Land Court,
whichever applies), an encumbrance shall remain on the property, and your filing will not be
dosed. Evidence of the recorded Certificate of Compliance shall be submitted to the
Conservation Administrator,
BARNSTABLE REGISTRY Of DEEDS
john F. Meade, Register
Hongying )Cie Revocable Trust, 104 Canoe Pond Drive, 7
Order of Conditions SE9-1952 Findings Special Conditions
I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO
THE RULES AND REGULATIONS OF THE REGISTERS OF
DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS.
NAME DATE
0
LEGEND
CANOE POND
(A GREAT POND)
EL. 25.8'
PROJECT SITE
PROPOSED
SEASONAL DOCK
40
HISTORIC HIGH WATER (UNAVAILABLE)
MEAN/ORDINARY HIGH WATER (OHW, EL.28.2' NAVD88)
EXISTING CONTOURS
PROPERTY LINE
PROJECT SITE
SCALE IN FEET
SCALE: 1"= 40'
J /
/ ! //
/ //
/ ///J
/ //
///
//
N/F
CHARLES O'HEARN 2006 TRUST,
U/D/T DATED APRIL 10, 2006
CHARLES O'HEARN, TRUSTEE
86 WINDSOR ROAD
NEEDHAM, MA 02492
MAP 24, PARCEL 59
80
PROPERTY PLAN
SHEET 1 OF 3
JANUARY 29, 2024
PLAN ACCOMPANYING PETITION OF THE HONGYING XIE
REVOCABLE TRUST - 2012, HONGYING XIE, TRUSTEE TO
CONSTRUCT AND MAINTAIN A SEASONAL DOCK WITHIN THE
WATERS OF CANOE POND AT 104 CANOE POND DRIVE,
BREWSTER, BARNSTABLE, MASSACHUSETTS
poer Mill Pond
LOCUS MAP SCALE:
1" = 2,000'
N/F
JOHN P. FRACASSO JR.
& ADELITA S. OREFICE
96 CANOE POND ROAD
28 FOSDYKE STREET
PROVIDENCE, RI 02906
MAP 24, PARCEL 61
HONGYING XIE
TRUSTEE OF THE HONGYING
XIE REVOCABLE TRUST - 2012 /
104 CANOE POND ROAD i
MAP 24, PARCEL 60
DEED BOOK 35279, PAGE 264
PLAN BOOK 249, PAGE 5
24-WW01-0013-APP
I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO
THE RULES AND REGULATIONS OF THE REGISTERS OF
DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS.
NAME DATE
fr
CANOE POND
(A GREAT POND)
EL 25.8'
PROPOSED 4'X20' SEASONAL
DOCK (96 50. FT. TOTAL)
410'± To
OPPOSITE SHORELINE -
0
PROPOSED LADDER
20
40
PROPOSED SEASONAL DOCK
SHEET 2 OF 3
SCALE IN FEET
SCALE: 1"= 20'
i
JANUARY 29, 2024
PLAN ACCOMPANYING PETITION OF THE HONGYING XIE
REVOCABLE TRUST - 2012, HONGYING XIE, TRUSTEE TO
CONSTRUCT AND MAINTAIN A SEASONAL DOCK WITHIN THE
WATERS OF CANOE POND AT 104 CANOE POND DRIVE,
BREWSTER, BARNSTABLE, MASSACHUSETTS
.73
pper MITI Pond
LOCUS MAP SCALE:
1" = 2,000'
240.001
236.00'
1 CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO
THE RULES AND REGULATIONS OF THE REGISTERS OF
DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS.
NAME DATE
8' FOR ALL SECTIONS
12"0 ALUM. SUPPORT POLES I
1" X 6" DECKING W/
1 2" SPACING
ALUMINUM
FRAME (TYP)
10- 12" WIDE GROUND
SUPPORTS (TYP)
SEASONAL DOCK SECTION DETAIL
PROPOSED LADDER
PUBLIC ACCESS
END OF DOCK
PROPOSED 4'X8' FIXED DOCK SECTIONS
(3) TOTAL, (96 SQ. FT. TOTAL)
DOCK SECTION A -A PLAN VIEW
PUBLIC PASSAGE
AROUND END OF DOCK
SCALE IN FEET
SCALE: 1"= 4'
SCALE IN FEET
SCALE: 1"= 10'
I_ DOCK EXTENDS ,j
ff 17'± BEYOND OHW '' I
PROPOSED 4'x24' SEASONAL DOCK; DECK HEIGHT =
27.4'±; TOTAL SQ. FT. = 96
PROPOSED (2) 4'x8' SECTIONS
PROPOSED LADDER
0 10 20 30 40 50
SCALE IN FEET
SCALE: 1"= 10'
SECTION A -A ELEVATION
ELEVATION & DETAILS
SHEET 3 OF 3
JANUARY 29, 2024
PLAN ACCOMPANYING PETITION OF THE HONGYING XIE
REVOCABLE TRUST - 2012, HONGYING XIE, TRUSTEE TO
CONSTRUCT AND MAINTAIN A SEASONAL DOCK WITHIN THE
WATERS OF CANOE POND AT 104 CANOE POND DRIVE,
BREWSTER, BARNSTABLE, MASSACHUSETTS
PLANNING BOARD • 732 Main Street, Harwich, MA 02645
ph: 508-43o-7511 fax: 508-430-4703
Abutter Notification of a Public Hearing
You have been identified as an abutter and/or an abutter to an abutter within 300 feet, a property
across the roadway or a party of interest to the referenced parcel(s). The hearing, as noted, will
provide an opportunity for you to review the proposal and offer comments, either in person or in
writing addressed to the Planning Board.
Requests for accommodations for any person having a disability can be made by contacting the Town of
Harwich Administration office at 508.430.7514.
The following case will be heard on _April 9, 2024_ at 6:30 PM in the Griffin Room of Town Hall.
Case # PB2024-09 Sam Speakman of Speakman Excavating, has applied for a Modification to a
Definitive Subdivision originally approved as PB2016-22 and modified on 12.12.23 in order to
lengthen the road known as Shelley Path, Assessor's Map 55, Parcels F1-1, F1-2, F1-3 and F1-4
in the RL Zoning District.
Documents and plans related to these applications may be viewed on the Planning Board's home
page: www.harwich-ma.gov/planning-board and are on file with the Town Clerk and may be
viewed at the Planning Department, Town Hall, 732 Main Street, Harwich, MA 02645 during
regular Town Hall hours. For additional information contact the Planning Assistant, Shelagh
Delaney at sdelaney@harwich-ma.gov
RECEIVED
M A R 1 2024
BREWSTER PLANNING BOARD
ZONING BOARD OF APPEALS
www.harwich-ma.gov