HomeMy Public PortalAbout091712fyi FYI ITEMS (MAIL) SEPTEMBER 17, 2012
A . Minutes of August 13 , 2012 Roads Review Group Meeting
B . Notice from MMA on fall schedule for Friday morning Legislative Breakfast
meetings
C . Minutes of August 8 , 2012 Orleans , Brewster, Eastham Groundwater Protection
District Board of Managers Meeting
D . Notice of Appeal of Sweetwater vs . Cape Cod Commission, re ; DRI of MP
Renaissance
E . Notice of October 16th Living Street Planning Meeting
F . Press Release, re ; award ceremony for Coastal America Partnership Award for
Stony Brook Restoration Project
FYI — September 17 , 2012
Page 1 of 1
� yL
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Board of Selectman
Town Administrator
2198 Main Street
Brewster, Massachusetts 02631 - 1898
( 508 ) 896 - 3701
FAX ( 508 ) 896 - 8089
Minutes of the Roads Review Group
August 13 , 2012
Town Hall Offices
Present : Charles Sumner, Robert Bersin , Sue Leven , Chief Richard Koch
Minutes July 9 , 2012 were approved
1 -Transfer Station site plan alternate update : Mr . Bersin brought a new map
from the Cape Cod Commission with the changes requested , including a separate
entrance for the Swap Shop , relocation of the salt shed and sand pile , a new exit
from the Transfer Station and relocation of the recycling bins . The Committee
asked about what types of Recycling bins would be required in the new area
since the area is not pitched . Mr . Bersin said there are different types of
containers that can be used , including ones that compact, though they would
need to put power down in that area . He will bring some pictures of the options
next time . Sue Leven asked that they look at Harwich as a model and that
Harwich has the recycling as the last stop in their transfer station loop . The
Committee wondered if it would make more sense to put the recycling in the
round about area where the metal pile is, in the middle of that area . Charlie
asked Bob to talk to the Cape Cod Commission to define a few areas of the map
further so it would be easier to present and also to contact SEA Consulting to
look at the engineering and cost so they can possibly build it into the PAYT fee
structure . Charlie asked if the metals pile would need to moved , Mr . Bersin did
not think so as long as there was a gate across the area between the Swap Shop
and the transfer station area . Chief Koch asked about compostable products and
how they would be handled in the PAYT system and if compostable bags made
sense . Bob indicated that this was something that still needed to be worked out .
Charlie asked that Steve Wright from SEA be invited to the next roads meeting .
2 - Update on Summer Construction Schedule : Mr . Bersin said that he was going
to begin crack seal work on part of Route 137 , Millstone Rd . and Stony Brook .
Mr . Sumner indicated that he would like to see Route 124 done sooner than later
and asked if Chief Koch had any issue with that . Chief Koch indicated that the
project could be done at any time and that he was very pleased with the way
Setucket Rd . came out and that he received many positive comments from the
PMC regarding Setucket Rd . Chief Koch and Mr . Sumner both agreed that they
should move forward with Route 124 and see what the cost would be and then
use any leftover funds for crack sealing at a later date . Mr . Sumner asked Mr.
Bersin to submit the Chapter 90 paperwork for Route 124 with the next 10 days .
Chief Koch also asked Mr . Bersin to look into the sink hole near the sidewalk on
Route 6A, near the library . There is also an outstanding contract for the milling
on Setucket Rd . that needs to be issued because it was not part of the county
bid . Mr. Bersin needs to put that information together once he gets the bill for
the work.
3 - AP Newcomb Road project update : Mr . Sumner let the group know that the
bid opening had been delayed from August 10th to the 28th due to some
paperwork with the state and some questions that the bidders had . The AP
Newcomb project will take about 4 weeks so should be done by the end of
October . Mr . Sumner instructed Mr. Bersin to file the Ch . 90 paperwork for AP
Newcomb within the next 10 day so the contract could be signed right after the
bid opening .
4- Cape Cod Commission , Living Streets update : Sue Leven attended their last
meeting . The Commission is still trying to resolve what they can do within the
layout . She believes that they have a reasonable plan without crossing the road
too many times . They will have another public hearing soon . One of the issues is
that the MA DOT may not have the funds for this project . Mr. Sumner asked if
we could try to have the next public meeting taped .
5 - Scenic Road Bylaw Discussion : Sue Leven said that no work has been done on
the part of the Planning Board and they do not seem anxious to take this on
right now . Sue will recommend that they do what they are allowed and not try to
expand the scope too much . When the Living Streets survey moves further in the
process, then they will have to revisit this issue as Crosby Lane is included in the
survey .
& Road Work notice protocol : There were some complaints during the Setucket
Rd . project about paving on a Friday, going into a busy summer weekend and
from the Post Office , regarding not being notified about the work. Mr . Bersin
indicated that the project was delayed , due to unforeseen circumstances with the
milling company and that they did have the flashing notification sign out . Mr .
Sumner will work with the roads group secretary and the DPW secretary to
develop a protocol for informing the public and various groups in town when
major road work is being done .
7 - Rosemary-Tracy Community Association : Mr . Sumner received a letter from
the Association regarding an issue that they are having with a neighboring
community using their private road as a cut through to go in and out their
neighborhood . They are concerned about speeding and wear and tear on the
road . Because this is a private way, the Town cannot do anything about the
problem , but could recommend that they put a gate up where the cut through
road is so it cannot be used . The only issue with this would be emergency
access . Chief Koch suggested that this be moved to next month 's agenda when
Chief Moran would be there .
8- 01d Business : Chief Moran sent out a letter to the Seaway Association and they
have since removed the wood platforms on the speed bumps . A letter went out
to Leslie Nagle regarding her complaint of a trailer in her road . Chief Koch was
able to have the state come and do some trimming of overgrowth at the Kate 's
intersection . The stop bar project is almost complete . Mr . Bersin reported that he
is still receiving a lot of complaints from residents on certain roads, Alden , Crosby
Lane and Robinwood . Chief Koch said the department has completed a speed
survey in the Brewster Heights Association where the speed bumps were
removed .
8- New Business : Chief Koch had a request from the Police Chief in Dennis to put
a directional sign to direct motorists to Route 6A, via Setucket Rd . Chief Koch
wanted to make sure the group was okay with the request and that the sign be
of an appropriate size, reflecting what was around town .
Next Meeting Date . September 10 , 2012 at 2pm at the Police Station ,
Minutes Approved September 10 , 2012 .
t MASSACHUSETTS
C S MUNICIPAL ONE WINTHROP SQUARE , BOSTON , MA 02110
t
ASSOCIATION 617- 426 - 7272 800- 882 - 1498 • fax 617- 695 - 1314 • www. inma . org
September 6 , 2012
Dear Local Official ,
This letter is a reminder that the fall schedule for the MMA ' s Friday morning Legislative
Breakfast meetings in cities and towns across the Commonwealth begins September 21St. With a
productive two -year legislative session just about wrapped up and important state and national
elections approaching , there is much to discuss .
We hope you can join us at a meeting near you and be part of a lively and forward-looking
discussion with your legislators and MMA staff about the condition of local and state
government in Massachusetts and opportunities and priorities for the new legislative session that
begins in January .
This round of nine meetings over three weeks will provide updates on some of the most
important recent state legislative issues , including municipal and school aid funding in the fiscal
2013 state budget, the now year-old municipal health insurance reform law, and local energy and
environmental issues . These meetings will also offer a great opportunity to talk with legislators
and local government colleagues about priorities , reforms and law changes that should be
pursued as the MMA and legislators start drafting bills for the 2013 -2014 legislative session .
The nine meetings are also timed to hear about municipal priorities as the state ' s fiscal 2014 state
budget begins to take shape in the late fall , and to share information on possible federal budget
actions .
There is always plenty of time for questions and answers and an opportunity for local officials to
talk abut priority issues and challenges in their community .
Please join us for great coffee and conversation !
PLEASE SIGN UP TODAY ! Register through www. mma. org or by contacting Megan Devine at
mdevine@mma. org or 617426- 7272 x104 .
Thank you very much .
Sincerely ,
00*
Geoffrey C . Beckwith
Executive Director
Enclosure
Massachusefts Municipals Ei
Fall 2012 Local Government Legislative Breakfast Meetings
The meetings will be held from 8 :00 to 10 a . m . on the following Fridays :
*Speaking event will begin promptly at 8 :15 a . m .
September 21 Attleboro , City Hall , 77 Park St .
Rockport, Shalin Liu Performance Center, 37 Main St .
Worthington , Town Hall, 160 Huntington Rd . (Route 112 )
October 12 Hudson , Town Hall , 78 Main St .
Wareham , A . D . Makepeace Box Mill Hall , 148 Tihonet Rd .
Williamstown , Williams Inn, 1090 Main St .
October 19 Billerica , Town Hall , 365 Boston Rd .
Charlton , Town Hall, 37 Main St .
Fitchburg , Fitchburg State University Mazzaferro Center, 160
Pearl St .
To register on line , get directions and view additional information ,
please go to : http : //www . mma. orpr/
C4
ORLEANS , BREWSTER, EASTHAM GROUNDWATER PROTECTION DISTRICT
BOARD OF MANAGERS MEETING
AUGUST 8, 2012
Board of Managers Present : John Kelly , Chair nan , Orleans ; Charles Sunnier, Brewster ;
Martin McDonald, Eastham .
Others Present : Jay Burgess , Chief Operator; Cyndi Bachman, District Secretary ;
Beverly Carney, Orleans resident ; Bob Shafto , Orleans resident ; Harold and Heidi Boas , Orleans
residents ; Paul Lucier, Brewster resident; Mary Hartley, Orleans resident; David Farkar, Orleans
resident.
1 . Meeting called to order at 9 : 00 a . m. .
2 . A motion was made by Martin McDonald to approve the Board of Managers
Minutes dated July 11 , 2012 . This motion was seconded by Charles Sumner and
unanimously approved and passed .
3 . Citizen 's Forum.
• Beverly Carney , Orleans resident, submitted a comment in writing to the Board
for their review .
• Bob Shafto , Orleans resident, handed out an educational pamphlet lie put
together on central versus decentralized systems for the Boards review. He
stated he purchased a house in 1984 on the marsh and became interested in
wastewater management last year. He contacted several professors at several
universities who directed him to the EPA . "The best solution for a small
community like Orleans is to be decentralized. The flexibility of decentralized
provides the ability to make adjustments to fix things and is more powerful than a
centralized system and it becomes self evident that this is the direction that
makes the most sense . The question to the Board is, what do you do with your 25
year old facility given Chatham ' s Plant, and what is the plan?"
• Paul Lucier, who lives on the upper side of the marsh in Brewster, stated he has
been looking at the situation from the standpoint of, what do you do from this
point forward in terms of Tri -Town. "You have the ability to truck the septage
waste to Chatham and Yarmouth. Has the Board even speculated at the idea of
tearing this plant down and utilizing these 26 acres for a potential park that could
be accessed from the bike trail , which would not interfere with the citizens here
in the neighborhood, and change the whole nature of the whole area? "
• Harold Boas , Orleans resident, stated he and his wife Heidi reside in Texas and
have a summer home in Orleans , which is the closest abutter to the Tri-Town
Plant.
• Charles Sumner, Brewster Town Administrator, stated he has been on and off the
Board of Managers for many years . He stated his perspective here regarding Bob
Shafto ' s research is an issue for the Orleans Board of Selectmen to review .
Orleans owns this land , and in the long run, the Town of Orleans is going to
make a determination as to what happens here . Brewster has an interest that we
have not defined yet . We are working on what the needs of Brewster are , and
within the next several months , will have a sense as to what our needs are and be
able to articulate that to the other communities . As a town official , and I have
been a Town Administrator for Brewster for 25 years , we are just trying to keep
tills plant running and doing the best we can with limited resources . Part of my
desire to be on the Board of Managers is I care about the employees . We have a
great staff here . I would like to make sure that we try to do the best we can to
keep this plant running until we know what the alternatives are for the future .
The Brewster Conservation Commission has an interest in what ultimately
happens to this property because it affects the marsh which is a shared resource
between the two towns .
• lohn Kelly stated the Orleans Board of Selectmen will make a decision by May
30 , 2013 whether or not the Intermunicipal Agreement is extended for an
additional ten years . This is the sole decision of the Orleans Board of Selectmen
whether that occurs . When the Orleans Board of Selectmen take up the issue they
will have another meeting with the Boards of Selectmen in Brewster and
Eastham . The Board of Managers serves as the individual representatives of the
Boards of Selectmen in each town . From a decision making standpoint, the fixture
planning of this property is well beyond what this Board ' s capabilities are . Our
role here is to assist Jay with his day to day operations . We basically act on his
recommendations and our goal has been to try to keep this facility operating as
best we can . The plant is 100% self- sufficient with respect to the only funding
for operation solely coming from revenues that are generated by the haulers .
There is no financial support from the towns . Every time the issue of funding
the plant has come up , it has not been a topic that any of the towns have wanted
to take on because of the uncertainty of supporting any kind of subsidy . This has
been an issue for many years .
The next item on the agenda is an update from Jay that he gives us each month
on how the facility is running . The plant is on a pay as you go basis , and
whatever equipment is the worst condition , that is what will get fixed first . In two
years the groundwater discharge permit expires . In December 2014 we will know
what the parameters are for discharge . We have 50 parts per million nitrogen ,
which is unheard of in todays day and age . The standard now is less than 10 parts
per million, and some facilities are 5 parts per million . This plant has no
nitrogen removal capabilities at all , other than Jay ' s ingenuity using fragmites in
the discharge beds , clam shells in the out flow tanks , and anything that he can
figure out to do . But at the end of the day, if our permit parameters change and
we cannot meet the permit with the existing equipment, we would not be able to
continue to operate .
• Martin ;McDonald introduced himself to the Citizens as the Eastham
representative to the Board of Managers , as well as being a Selectman in
Eastham . He stated Eastham is certainly interested in Tri - Town and works with
Orleans and Brewster. Eastham has their own wastewater issues coming up that
we have been working on for several years .
• Mary Hartley, Orleans resident, stated she has been listening to these meetings
for years , about how the plant is self- supporting and something could break down
any minute . She stated the towns of Orleans , Brewster and Eastham are behaving
irresponsibly , along with DEP , by not funding this plant properly . How you got
into this mess goes back to the 1980 ' s , and you should get this plant funded and
cared about , or else close it .
4 . Chief Operator Updates — Jav Burgess :
• Process — This past month our nitrogen levels were 42mg/1 ; all other parameters
%vere in the single digits , which are well below the discharge permit .
However, in the government monitoring wells , we have had numbers from no
detection from two wells , to a high of 20mg/l , which is right next to the discharge
bed , and a 15 mg/l on the side of the discharge bed . These wells are next to the
recharge beds and are not pennitted testing sites but we provide the numbers to
the State on a quarterly basis . By the time it reaches Nameskaket Creek , the
the numbers have been consistent with the numbers that were here before
the plant opened . According to the U . S . G . S . , the plume is slipping underneath the
marsh and entering the aquifer that slowly heads out to sea, 600 feet down . I am
just repeating what we heard from our U . S . G . S . scientists . Their report should be
ready late September or early October with all the well data, and explaining what
this plant is doing with the nutrients that are slipping towards Nameskaket Creek .
• John Kelly stated as that date gets closer, this Board agreed to have a special
meeting in Orleans so that we can have the meeting televised and have a
presentation by Peter Weiskel , U . S . G . S . . We will have the meeting taped to
re-broadcast for the other towns .
• Maintenance — The manufacturer recommendation for maintenance for the plant
is up to date , however, that does not mean that everything is good with the
equipment at Tri- Town . The plants air condensing units failed during the recent
storm . We do not know if it was a result of the lighting or just the 25 years it has
been at the treatment plant, but it is no longer serviceable . In order to repair it the
cost is about $ 14 , 000 . A new unit will run about $ 25 , 000 . The air conditioning
only provides cooling to office space , computer areas , and the lunch room . I
believe the engineers that first put this plant together took the entire square
footage of the entire facility for the air conditioning, because we were way over
powered for the amount of space that we were air conditioning . I am looking to
down size by getting smaller air conditioning units for those areas .
• John Kelly said to purchase the smaller air conditioning units just to get through
the summer months .
• Receiving Scales — Receiving Scale No . 1 is failing . I put some material
underneath it to keep it from sagging when the trucks get on it . The haulers
pump slips will now be hand written " estimate " for gallons discharged , or we will
purchase a stamp saying "estimate" .
• John Kelly said to go ahead and have the stamp made .
• Jay stated there are a number of projects that need to be completed over the
winter. One of them is the scale . We are hoping to get to September when it
slows down and take the scale out and fill it with concrete . We will be on a
complete "estimate " basis by then . I am assuming it will cost about $ 5 , 000 .
The odor control blowers are going to have to be replaced at the cost of $ 7 , 000
each , and we are going to have to give consideration to the carbon replacement as
well . We are on the fifth year of a five year life expectancy of the carbon which
will cost $ 75 , 000 to purchase new carbon . Septage tank cleaning has to be done .
Without the septage tanks we cannot take septage and we are betting loaded with
sand . We capture about 75 % of it with our degritter operation , however a portion
of it ends up in the tank until it completely covers the out valve and we cannot
get anything out of the tanks . We will have to hire vactor trucks . There is about
50 to 70 yards of material in the tanks , and it is a confined space operation ,
underground, in hazardous conditions . We have to drive each load to Bourne .
The vactor trucks run about $ 5 , 000 a day and are basically on the road for three
quarters of the day . So for that reason, I am going to see if I can get two trucks
so that one is always working to get the job done in two days and have the tanks
down to bare concrete again . We do have one thing that we are looking at now ,
and I already discussed it with the guys that run the vactors , and that is we have
an area down back that is like a loading dock where we could put a 2040 lined
yard container, dump the containers and not have to drive to Bourne to take the
containers . However, they did not like that idea . The trucks weigh an excess of
100 , 000 pounds and they have to get overweight permits . We now run the plant
the way we did before the upgrade and not use the GBT until the sludge
thickness goes down , and then transfer over and run the GBT for 100 ,000 gallons
or so .
• Martin McDonald asked if there is one year left on the manufacturers estimated
life of the carbon .
• Jay stated it is the fifth year of the five year life expectancy that we were
promised from the manufacturer when we purchased the carbon . This is the best
carbon and we have washed it and got the pH up to 5 . When it gets down to 2 it
will not absorb any odors . We also do in-house testing on the carbon .
• Our septage pumps have been running 24 hours a day for almost 23 years and we
are finding they are plugging more often, and the sharpness of the impellers is
not there any longer. We have four pumps and need to replace at least one of
them at the cost of $ 14 , 000 . Those are the major items that I see unless there is a
catastrophic failure .
• I was not at the last meeting but my assistant, Steve Brito was , and a request was
made by the Board regarding where we stand on budget items . The month of
June has not been closed out by our accountant . However, as of May 31 't we are
520 ,000 in the black . As of May 31 " it cost 9 . 5 cents a gallon to run the plant.
Last year at this time it cost us 9 . 6 cents a gallon , either through better operations
or higher flows , it brought the price down to run the plant a tenth of a cent per
gallon . We earned 9 . 7 cents per gallon . If you take that one point difference , at
the end of May we were $ 20 , 000 in the black, after paying our bills , and are
where we wanted to be in the budget . FY 12 budget was 9 . 7 million gallons and
we budgeted 9 . 5 , so we were a little bit ahead there . FYI we budgeted 9 . 5
million gallons again , and right now the first month into it, we did almost a
million gallons , 954 , 000 gallons , and at that pace puts us at the
I 1 million gallon pace for the year, however, October, and November those
numbers will drop .
• Training Class — A few weeks ago we had a HAB ' s ( Hazardous Algae Blooms )
training class held here at the plant for our area operators and engineers , N.vllich
was well attended . The class was run by two scientists, one from the university
of Maine and one who runs a training center in Maine . They reviewed what
causes hazardous algae blooms and how they can develop . The greater portion
of the scientific community all point to septic and fertilizer run off into ponds
that create these blooms that we have been seeing periodically here on the Cape .
We earned six credit hours towards our licenses from the class .
• John Kelly asked Jay to put together a plan showing which projects need to be
done so that the Board can discuss funding options and to place it on the Agenda
for the next meeting .
• Jay stated in September the reminder to pump letters will be going out to
Brewster residents who have not pumped in three years . All of the Orleans letters
have been sent out and Eastham is doing their own . He stated he has sent the
lower Cape towns a letter, an e- mail , as well as a phone call , and they are not
interested in talking to him about it. One thing that we can do to put a little
pressure on them is, we have to schedule grease loads , and quite a bit of it is from
Provincetown, Truro and Wellfleet. Sometimes the in- District towns will call to
schedule grease when we have already reached our limit with out-of-town grease .
I have no problem bumping them if they are not going to cooperate . We bend
over backwards with the haulers to try to accommodate them without starting a
war.
• John Kelly stated the out-of- District towns should go to the bottom of the list any
time a member town has to discharge grease here .
Charles Sumner stated Jay needs to manage those relationship issues because
they have value .
5 . The Board reviewed the District ' s bank balances .
6 . A motion was made by Martin McDonald to approve Treasury Warrant Nos . 1 & 2
for payment. This motion was seconded by Charles Sumner and unanimously voted
and approved .
7 . Old Business :
• Charles Sumner asked for an update on the Special Legislation Act regarding
retirement benefits for the District employees .
• John Kelly stated we were unable to track the status on- line . Apparently it is still
I
n the House Committee and we have asked Sarah Peake ' s office to see where it
I
s . He stated he met with Attorney Mike Ford yesterday to try and find out
exactly where it is , but it does not appear that it made it to the end of the session
going to both Houses . We haven ' t been given any indication that it ' s a problem ,
it is just a question of making it through both Houses and making it through to
the Governor ' s office . We will continue to monitor it .
S . A motion was made by Martin McDonald to adjourn the meeting at 9 : 45 a . m . . This
motion was seconded by Charles Sumner and unanimously voted and approved .
Respectfully submitted .
Cyndi Bachman
District Secretary
TRITOWN FALL WINTER PROJECTS 2012
Projects that must be completed for the continued operation at Tri -town . This is a
list of projects that need to be completed in order to continue to run over the
very short term . They are in the order of; must be done to avoid shut down , to
must be done to avoid problem operations, i . e . odor problems, permit issues, to
last but not least make it bearable to work here . This is a partial list of the needs
of the facility over the short term . For a complete list of the long term needs of
Tri -Town see the Wright- Pierce "Tri -Town Septage Treatment Facility Evaluation "
August 2005 .
Septaae Tank Cleanina . Overtime the Septage receiving tanks become heavy
with solids that are not able to be removed during the course of normal day to
day operations . These solids if not removed periodically, about every 2 years , can
build up to the point that they cover the discharge piping effectively shutting us
down . Cleaning the tanks of these solids is no easy task . We have to hire
specialized vactor trucks, and personal that are able to work in hazardous
confined space . Estimated cost is 7- 15 , 000 dollars
Odor Control Fume Exusters . These units draw the fumes and gases from the
process tanks and process areas keeping them out of the office area , and sensitive
electrical equipment, computers, and circuit boards, so they may pass through a
wet scrubber or mist of hypochlorite ( industrial strength bleach ) and then pass
through a carbon absorption vessel which removes hydrogen sulfides ( rotten egg
smell ) before being released in the atmosphere . Cost 15 , 000 dollars for 2 units .
The carbon in the odor control units should be changed out next spring it is on the
fifth year of a five year life expectancy . I don ' t have up to date prices on this task
at this time .
Septaae Pump Replacement. These are the pumps that move the Septage from
where the trucks drop it to processing . These pumps have been working for 24
years and have been maintained and rebuilt but they are tired and need to be
Sept 2012
replaced . Cost 13 , 000 each we can probably get by with one, if the plant is to
close in the next couple years .
Receivina Scale , the receiving scales at the facility have corroded beyond repair
and need replacement . As there is no interest by the District to purchase new
scales as a capital improvement , but a desire to continue operations we have no
choice but to remove the scales and fill with concrete . Estimated cost is 7000
dollars to fill with concrete . Replacement is over 100k for both scales .
Air Conditionina Unit. The air condensing unit that runs the air conditioning unit
at the plant has failed and needs to be refurbished or replaced . This unit not only
cools the office space making it comfortable to work but also the PLC' s
( programmable logic controllers ) and the SCADA ( System Control and Data
Acquisition ) computers that control the equipment . Replacement is about 25 , 000
rebuilding the unit is about 14, 000 .
We have put in place window units to cool the office space and receiving area .
The computer and PLC control room are not able to be cooled by these units . We
will have to take a wait and see approach as the hottest days of the year have
gone by .
Sept 2012
7f
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE , ss LAND COURT
DOCKETNO . 12-MISC - 469867 ( RBF )
SWEETWATER, INC . and JAMES AND
LAURIE RYLANDER d/b/a
SWEETWATER FARMS ,
Plaintiffs ,
vp
CAPE COD COMMISSION and CORIDIAN
ASSOCIATES ,
Defendants .
NOTICE OF APPEAL
To the Clerk of the Town of Brewster, Massachusetts :
Pursuant to the Cape Cod Commission Act Section 17 (b) , you are hereby notified
that the above plaintiffs have appealed the decision of the Cape Cod Commission in
Project # TR 12002 in the Massachusetts Land Court . A copy of the Complaint is
attached hereto .
RESPECTFULLY SUBMITTED ,
PLAINTIFFS , SWEETWATER, INC . and
JAMES AND LAURIE RYLANDER d/b/a
SWEETWATER FARMS ,
By their Attorney ,
Dated : September 5, 2012r � ��
Duane P . Landreth, Esq . , BBO 4284900
La Tanzi , Spaulding & Landreth, P . C .
8 Cardinal Lane , P . O . Box 2300
Orleans , MA 02653
( 508 ) 255 -2133
( 508 ) 255 - 3786 — Facsimile
dlandreth@latanzi . com
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss LAND COURT
DOCKET NO . 12 -MISC- 469867 ( RBF )
SWEETWATER, INC . and JAMES AND
LAURIE RYLANDER d/b/a
SWEETWATER FARMS ,
Plaintiffs ,
v .
CAPE COD COMMISSION and CORIDIAN
ASSOCIATES ,
Defendants .
COMPLAINT
Introduction
This is an appeal pursuant to Section 17 (b) of the Cape Cod Commission Act, St.
1989 , c . 716 ("Act") , of a decision ("Decision") issued by defendant Cape Cod
Commission (" Commission") approving a Development of Regional Impact ("DRI") to
construct a 132 unit residential care facility ("Project") in the Town of Brewster . A copy
of the decision is attached hereto as Exhibit A . This court has jurisdiction under Section
17 (b) of the Act.
Parties
1 . Plaintiff Sweetwater, Inc . (" Sweetwater") is a Massachusetts corporation
having a usual address of 676 Harwich Road, Brewster, MA 02631 and is the direct
abuttor to the Project .
2 . Plaintiffs Laurie Rylander and James Rylander are individuals doing
business as Sweetwater Farms ( " Sweetwater Farms ") , a Massachusetts partnership ,
which directly abuts the Project site , as it shares land owned and controlled by the
plaintiffs with Sweetwater, and has a usual address of 676 Harwich Road, Brewster, MA
02631 .
3 . All the plaintiffs are aggrieved by the Decision of the Commission to
approve the Project as a DRI .
4 . The Commission is a commission established by the Act . Among the
purposes of the Commission are to conserve and preserve the natural undeveloped areas
of Cape Cod, to protect the natural resources of Cape Cod and provide for balanced
economic growth on Cape Cod . Act, Section 1 (c) .
5 . The Commission is charged with determining the comparative benefits
and detriments of projects that constitute DRIs and determining each project ' s
comparative benefits and detriments and its consistency with the Regional Policy Plan
(" RPP ") and local comprehensive plans and goals . Act, Section 1 (d) .
6 . Coridian Associates LLC , a Massachusetts limited liability company with
an address of 2000 Commonwealth Avenue, Auburndale, MA 02466 , is the Applicant for
a DRI for the Project.
T The Commission determined that the Project met the DRI criteria.
History of the Action
8 . The Project was submitted to the Town of Brewster Planning Board and,
on or about January 12 , 2012 , pursuant to the Commission ' s Act and enabling
regulations , was referred to the Commission .
9 . The Commission appointed a subcommittee for purposes of holding public
hearings and considering the Project as proposed.
10 . The appointed subcommittee consisted of the same members that had held
public hearings on an application for a similar but larger project, which application was
withdrawn in December 2011 .
11 . The first substantive public hearing to consider the Project before the
subcommittee was held on February 28 , 2012 . Public hearings were also held on March
13 , April 9 , April 26 , May 1 and May 8 , 2012 . The public hearings were closed by a
hearing officer on May 25 , 2012 .
2
12 . After the close of the public hearings , the subcommittee held meetings on
June 19 and June 21 , 2012 , and on 7/23 / 12 issued a draft decision .
13 . A public hearing before the full Commission was held on August 2 , 2012 .
14 . On August 2 , 2012 , the Commission voted to approve the Project, finding
the Project was consistent with the 2009 RPP , as amended, and that the probable benefits
from the proposed development were greater than the probable detriments of the
proposed development . A copy of the Decision was duly filed with the Office of the
Town Clerk of the Town of Brewster on August 7 , 2012 .
15 . Sweetwater operates a campground and is in the business of renting 250
campsites on approximately seventy-five acres . The campground has substantial
infrastructure including roads , comfort stations , a water system, including hydrants ,
sanitary disposal and pump- out stations , a general store , recreation lodge , and outdoor
recreational facilities . The Decision found that the campground to be a recreational use .
16 . Both the Project and the campground are located in a residential zone in
the Town of Brewster . The campground has been operating on its property since 1958 as
a pre- existing nonconforming use . It is primarily a seasonal business conducted during
temperate weather .
17 . The property upon which the campground operates has a common
boundary with the property upon which the Project is locatedwof about 1 , 480 linear feet .
18 . Sweetwater Farms is engaged in the breeding, raising and training of
Appaloosa horses . It has been operating on the property since 1979 and is the birthplace
and home of a number of world and national championship horses . The horses foaled on
the farm are raised and bred for competition and for sale . The farm also engages in
activities which contribute to the advancement of the technology of breeding Appaloosa
horses . For example, they freeze the sperm of their three- time National Halter Champion,
"The Secret Pardon" , and ship it to destinations as far away as Australia .
19 . The Decision found that the campground and Sweetwater Farm were
working recreational and agricultural uses , respectively, within the meaning of Minimum
Performance Standard (" MPS ") ED I A which states that
3
" [d] evelopment shall not eliminate or significantly impair the current
and future function of working agricultural land . . . and recreational
areas . "
20 . Applicant bears the burden of proving that the Project will not impair
current and future working agricultural land and recreational areas , and has not met that
burden .
21 . The Project ' s construction will require the clearing and intensive
reworking of eight acres of forested land and the creation of 132 , 000 square feet of
interior space on a building footprint of in excess of one and one-half acres . It will take
eighteen months of intensive construction operations . The construction will generate
noise , dust, activity and other nuisance conditions that will significantly interfere and
impair the function of the horse farm and the campground.
22 . At pages 7 and 8 of its Decision, the Commission set forth the alleged
evidence that it relied upon with respect to MPS ED 1 . 4 . The factual conclusions
substantially misstate the testimony of James Rylander and accept without proof that the
mitigation proposed by Applicant will result in no interference with, or impairment of,
plaintiffs ' unique and irreplaceable uses .
23 . The Commission ' s findings on this issue contrast starkly with its findings
on the same issue in its denial of a DRI for a less popular project for a 9 . 5 MW wind
turbine in the New Generation Wind, LLC matter, which was contemporaneously
decided by the Commission and has been appealed to this court.
24 . The record owner of the Project site is Towering Oaks Associates
(" Towering Oaks ") , a Massachusetts Limited Liability Partnership with a mailing address
of 5 Glen Oak Drive , Wayland, MA 01778 . It asserts title to the property based on a
quitclaim deed recorded at Book 21259 , Page 246 at the Barnstable Registry of Deeds .
25 . Upon information and belief, there is an agreement between Towering
Oaks and Coridian with respect to the latter or its successor exercising rights granted by
the Commission in its Decision . .
26 . The title standard for record ownership to real property is to go back 50
years from the present date with good property descriptions and no interests unaccounted
for in the intervening period.
4
27 . The Project site is bisected by a road that leads from Route 124 to the
campground (" Campground Road ") . Towering Oaks ' title to the Project site north of the
Campground Road does not meet the record title standard and there could be claimants
who have a cognizable interest in that portion of the Project site .
28 . In the Project as proposed, the Commission required that Applicant
dedicate the land north of the Campground Road, some 5 . 7 acres , to open space
requirements .
29 . The Decision states at page 13 that the Commission
finds that the open space requirement for the proposed project
is 8 . 01 acres and that the Applicant has proposed to
permanently protect 12 . 8 acres on the site . in excess of the
requirement. ( emphasis added)
30 . Given the missing interests , Towering Oaks and its grantees or successors
are without the power to impose a competent conservation restriction on the 5 . 7 acres of
the site north of the Campground Road.
31 . Applicant has not met the requirement for dedication of open space .
32 . Plaintiffs raised these title problems and furnished a title examiner ' s report
in support of its position in correspondence to the Commission dated November 30 ,
2011 . No response whether by Staff Report, testimony at the many hearings , comments
by the subcommittee or the full Commission was ever made to this problem, nor does the
Decision refute or even mention it.
33 . The Act ' s Enabling Regulations state at Section 7 (c)(viii ) that the
proposed development must be consistent with municipal development bylaws .
34 . The Project, as proposed, requires a variance under Massachusetts General
Laws Chapter 40A, Section 10 and the Brewster Zoning Bylaw at Chapter 179 , Section
52 , from the 30 foot height limitation for the residential zone .
35 . Both under the statute and the local bylaw, to - grant a variance, the Zoning
Board of Appeals must determine that the Applicant will suffer a hardship without the
grant .
36 . Applicant will not suffer any hardship as that term is defined at law
without the grant of a height variance for this Project .
5
37 . It was error for the Commission to find that the proposed development
was consistent with Brewster ' s development bylaws .
38a The Project can not be properly conditioned upon the grant of a variance
from the Board of Appeals , as that Board will be unduly prejudiced in favor of granting
the variance in light of the Commission ' s Decision approving the DRI .
39 . The Commission ' s findings relative to the Project ' s lack of "probable
detriments " to Sweetwater and Sweetwater Farms are arbitrary and unreasonable ,
contrary to law and have no factual support in the record .
40 . The Decision of the Commission was arbitrary and unreasonable ,
inconsistent with the RPP and the Act .
41 . The Decision of the Commission contradicts articulated regional , local and
state policy and law, the RPP and the Town of Brewster ' s zoning bylaw.
For all the above reasons , plaintiffs respectfully urge this court to grant the
following relief:
a. Determine that the Project does not meet the requirements of the Act and the RPP ;
b . Annul the Decision of the Commission ;
c . Remand the Decision to the Commission for reconsideration, with appropriate
guidance from this court;
d . Award them their reasonable attorney ' s fees and costs ;
e . Such other relief as this court determines is just and equitable .
RESPECTFULLY SUBMITTED ,
PLAINTIFFS , SWEETWATER, INC . and
JAMES AND LAURIE RYLANDER d/b/a
SWEETWATER FARMS ,
By their Attorney,
Dated : August 30 , 2012 1 (i 1,IVL.e t r2tAj�' [
Duane P . Landreth, Esq . , BBO 4284900
La Tanzi, Spaulding & Landreth, P . C .
8 Cardinal Lane, P . O . Box 2300
Orleans , MA 02653
(508 ) 255 -2133
(508 ) 255 - 3786 — Facsimile
dlandreth@latanzi . com
- 6
3O"�t
3225 MAIN STREET a PO : BOX 226
4
BARNSTABLE , MASSACHUSETTS 02# 6630. . , -. &
CAFE COD
( 508 ) 362- 3828 Fax (508) 362-31.36 www,cap edodcommission . org COMMISSION
T0 : Town of Brewster Towi , Clerk, Building Inspector, Town Planner, Planning
Board, Conservation Commission, Board of Health, Board of Appeals, DRI
Liaison, and Chief of Police:::: . : .
FROM : Gail Hanley, Clerk of the Commission
SUBJECT: MP Renaissance
Development of Regional Impact Decision
. . . . . . .
TR12002
DATE : August 3 , 2012
Enclosed please find a copy of the Development of Regional Impact Decision for the MP
Renaissance project that was approved by the Cape Cod Commission on August 2 , 2012 .
Should you have any questions , please do not hesitate to contact our office .
IF I
3225 MAIN STREET P: O. : . BOX 226
BARNSTABLE , MASSACHUSETTS 02630. F :: IF
IF I
IF CAPE CCPD
( 508) 362-3828 Fax (508) 362-3.1 .36 o www: capecodcommission . org COMMISSION
IF IF
IF
IF
I IF
Date : August 2 , 2012
To : Attorney Andrew Singer I IF IF
, . . .. :. . .
Law Office Of Singer & Singer, LLC
IF
26 Upper County Road
: . : : :. . . IF. . . . . . :, , & . . . F. I . : .
IF. : . . . . . . . . . . . . : . :
Post Office Box 67
Dennisport, MA 02639
From: Cape Cod Commission
FF
:. :
Re : Development of Regional Impact . . .
Cape Cod Commission Act, Sections 12 and 13
Cape Cod Commission Enabling Regulations, Sections and :
P 9 9u 3 7 : : :. . . . . ;.
I IF
Applicant: Coridian Associates , LLC
Property Owner: Towering Oaks Associates/Sidney Insoft
Project Name : MP Renaissance
Project Location : o Harwich Road/Route 124, Brewster, MA
Project # : TR 12002
Map and Parcel : 40- 9 -1-R
Barnstable Registry of Deeds : Book 3448 Page 40 -.
Book 21259 Page 246
Plan Book 611 Page 21
I 4t . I . . . .
DECISION OF THE CAPE COD COMMISSION
SUMMARY
The Cape Cod Commission (Commission) hereby approves, with conditions, the application of
Con' than Associates , LLC (Applicant) as represented by Sidney Insoft and Attorney Andrew
Singer, as a Development o£Regional Impact (DRI) pursuant to Sections 12 and 13 of the
Commission Act (Act) , Chapter 716 of the Acts of 1989 , as amended and Sections 3 and 7 of the
Enabling Regulations (revised May 2011) . This decision was rendered pursuant to a vote of the
CoTnTni Sion on August 2, 2012 .
PROJECT DESCRIPTION
According to the DRI application, the proposed project consists of a residential care facility with
"one building with two two -story wings connected by a central common care that will be
significantly screened from Route 124 by existing natural vegetation and topography . "
(Project Description, pg .1) There will be a total of 132 units : 66 units of memory care and 66
assisted living units , and one manager's unit. The building, which will consist of approximately
131, 877 square feet, will be two stories in height, except for the common core which is one story
tall. The project site consists of more than 22 . ,6 acres of land on the west side of Route 124 in
Brewster. The land is mostly wooded, except for an existing•gravel driveway leading to the
adjacent Sweetwater Forest Campground.
PROCEDURAL HISTORY
On January 12, 2012, Commission staff received a referral of the project as a DRI from
Brewster's Planning Board. On January 12, '2012 , Attorney Andrew Singer, on behalf of the
Applicant, filed a DRI application with the Commission for consideration. The Applicant
submitted additional application materials between January 27, 2012 and May 24 , 2012 .
Commission staff informed the Applicant in letters and Emails dated January 6 , 2012, January
30 , 2012 , February 7, 2012 , February 13 , 2012 , and February 14, 2012 that additional
information was needed to deem the DRI application complete. The DRI application was
deterined to be substantially complete in a letter from Comm mon staff dated February 21 ,
2012 .
The Subcommittee conducted a site visit to the project site on February 28, 2012. A duly noticed
public hearing on the DRI application was held on February 28 , 2o12 at Brewster Town Hall:
At this hearing, the Subcommittee heard testimony and comments from Commission staff, the
Applicant's representatives, Town officials and members of the public. The Subcommittee voted
to continue the hearing and the record to March 13 , 2012 at the Brewster Town Hall,
The Subcommittee held a continued public hearing on March 13 , 2012 to hear testimony and
discuss the project. At this hearing, the Subcommittee heard testimony and comments from
Commission staff, the Applicant's representatives, Town officials and members of the public. At
this hearing, the Subcommittee voted to continue the hearing and the record to April 9, 2012 at
the Cape Cod Commission office.
The Subcommittee held a continued public hearing on April g , 2012 to hear testimony and
discuss the project. At this hearing, the Subcommittee heard testimony and comments from
Commission staff, the Applicant's representatives, Town officials and members of the public. At
this hearing, the Subcommittee voted to continue the hearing and the record to April 26 , 2012 at
the First District Courthouse, Assembly of Delegates Chambers , Barnstable,
The Subcommittee held a continued public hearing on April 26 , 2012 to hear testimony and
discuss theproject. At this hearing, the Subcommittee heard testimony and comments from
Commission staff, the Applicant's representatives, Town officials and members of the public. At
this hearing, the Subcommittee voted to continue the hearing and the record to May 1, 2,012 at
the Cape Cod Commission office, Barnstable.
The Subcommittee held a continued hearing on May 1, 2012 to *hear testimony and discuss the
project. At this hearing, the Subcommittee heard testimony and comments from Commission
staff, the Applicant's representatives, Town officials and members of the public. At this hearing,
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 2 of 32
the Subcommittee voted to continue the hearing and the record to May 18 , 2012 at the Brewster
Town Hall . The Subcommittee also voted to conduct an additional site visit on May 18 , '2012 .
The Subcommittee held a' continued hearing on May 18 , 2012 to hear testimony and discuss the
project. At this hearing, the Subcommittee heard testimony and comments from Commission
staff, the Applicant's representatives , Town officials and members of the public. At this hearing,
the Subcommittee voted to continue the hearing and the record to May 25 ; 20.12 where they
would be closed by a Hearing Officer. The Subcommittee also conducted a site visit on May 18 ,
2012 .
On May 25 , 2012 at 10 : 0o AM at the Commission office a Commission staff member acted as a
Hearing Officer to close a pro -forma hearing and the record. No presentations , testimony or
substantive action.was -taken on the project at this time. Attorney Andrew Singer, representing
the Applicant was present at the pro-forma hearing.
The Subcommittee held a meeting on June 19 , 2012 to discuss and deliberate on the project. At
this meeting, the Subcommittee made findings on the proposed project. The Subcommittee
voted to hold another meeting on June 21, 2012.
The Subcommittee held a meeting on June 21, 2012 to discuss and deliberate on the project. At
this meeting, the Subcommittee made findings on the proposed project. The Subcommittee
voted to -recommend approval of the project, with conditions to the full Commission. The
Subcommittee voted to direct Commission staff to draft a decision approving the project, with
conditions . The Subcommittee voted to authorize an extension agreement with the Applicant to
extend the decision period to the close of business on August 7, 2012 .
A Cape Cod Commission (Commission) Subcommittee held a public meeting 'on a .proposed
Development of Regional Impact for the M.P . Renaissance project located at o Harwich Road
(Route 124) in Brewster for the purpose of deliberating on the project and reviewing a draft
decision. The Subcommittee voted unanimously to approve the draft Minutes of the June 19,
2012 and June 21, 2012 meetings as presented. The Subcommittee reviewed the draft decision
page by page. The Subcommittee made spelling and technical corrections to the draft decision.
The Subcommittee voted unanimously to find that provision of memory care units was a
probable project benefit. The Subcommittee voted unanimously to find that the probable .
benefit from the proposed development is greater than the probable detriment. The
Subcommittee voted unanimously to add. a designation to the monitoring wells MW-1 to MW-4
in draft condition WRC3 to denote the existing and proposed new monitoring wells . The
Subcommittee voted unanimously to recommend approval of the project to the full Commission,
with conditions . The Subcommittee voted unanimously to forward the draft decision, as
amended, to the full Commission for their consideration.
MATERIALS SUBMITTED FOR THE RECORD
The Materials Submitted for the Record are. hereby appended as Exhibit A
JURISDICTION
The project qualifies as a Development of Regional Impact (DRI) under Section 3 (g) of Chapter
A, , Enabling Regulations Governing Review of Developments of Regional Impact (revised
March 2011) as `Any proposed development that is planned to create or add 30 or more
Residential Dwelling Units . "
MP Renaissance Brewster DRI Decision
August 2 , 2012
Page 3 of 32
FINDINGS
The Commission has considered the DRI application for the proposed residential care facility
and based on the information presented at the public hearings and submitted for the record to
date, makes the following findings, pursuant to Sections 12 and 13 of the Act and Sections 3 and
7 of the Enabling Regulations :
General Findings
GF1. As the date of the first substantive public hearing on the proposed project was February 2 $,
2012 , the project was reviewed subject to the 2009 RPP, as amended in May 20 , 2011, which is
the RPP in effect at the time of the first substantive public hearing on the -project.
GF2 . The proposed project that is the subject of this decision is a residential care facility as
described as "one building with two two-story wings connected by a central common core that
will be significantly screened from Route 124 by existing natural vegetation and topography . "
(ProjectDescription, pg.$) There will be a total of 132 units : 66 units of memory care aiid 65
assisted living units; and one manager's unit. The building, which will consist of approximately
131, 877 square feet, will be two stories in height, except for the common core which is one story
tall. The project site consists of more than 22 . 5 acres of land on the west side of Route 124 in
Brewster. The land is mostly wooded,. except for an existing gravel driveway leading to the
adjacent Sweetwater Forest Campground.
GF3 . The Commission adopts the written testimony of Commission staff as described in a
,5/1/12 Memorandum entitled MP.Renaissance : Minimum Performance Standards that Do Not
Apply, and finds that the Minimum Performance Standards (MPS) identified in the
Memorandum do not apply to the proposed development
GF4_ The Commission finds that based on a 2/1/12 Email from Susan Leven, AICP, the
Brewster Town Planner, that the Town of Brewster does not have a Local Comprehensive Plan
which has been certified by the Cape Cod Commission as consistent with the Regional Policy
Plan,
GF5 . The Commission finds, based on a 2/1/12 and 2/14/12 Email s from Susan Leven, AICP, the
Brewster Town Planner that the proposed development is consistent with Brewster development
bylaws provided that the Applicant successfully obtains a Special Permit from the Brewster
Planning Board for use, Planning Board Site Plan Review, and a variance for height from the
Brewster Zoning Board of Appeals .
GF6 . The Commission fords based on a 2/1/12 Email from Susan Leven, AICP, Brewster's Town
Planner that the proposed project is not located within a District of Critical Planning Concern,
GF7. The Commission finds after a public hearing that the probable benefit from the proposed
development is greater than the probable % detriment. The Commission finds that the probable
benefits of the project are .
1 . Protection of 4. 79 acres of open space in excess of the amount required by MPS GS1. 3 .
2 . . Provision memory care units,
3 : That the proposed project meets the following Best Development Practices (BDP) : BDP
HPCC2 . 19 (Multiple Stories), BDP AH1. 16 (Priority forAffordable Rental Housing),
BDP WR5 . 6 (Chapter 21 E Site Assessment), BDP TR2. 16 (Alternate Modes of Travel)
and BDP TR2 , 19 (Preferred Parking Spaces for CarlVan Pools) .
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 4 of 32
The Commission does not find any probable detriment to the project. While Commission
members discussed whether competition to other assisted living facilities was a probable
detriment, the Commission found that it did not rise to the level of a probable detriment.
The Commission 'finds that the probable benefit of the project outweighs the probable detriment
of the proposed project.
GFB . The Commission finds that the project will be built in conformance with the Applicant
specified construction conditions which the Applicant proposed in its Supplemental Memoranda
submitted to the Commission dated 3 /12 /12 and 5/1/12
From 3/12/ 12 Supplemental Memorandum :
• Preservation of significant permanently protected bordering natural forested open
space and additional buffering vegetation adjacent to campground boundary
• Clustering of the facility and site development in the center of the property
From 5/1/ 12 Supplemental Memorandum :
• Construction timing: No construction on Saturdays and Sundays
• Construction timing: Construction hours 8 : 0o AM- to 6 : 0o PM, Monday — Friday
• Clearing, grading, foundation, and framing work performed between Labor Day and
June 15th
• No construction vehicles on Campground driveway through the Property
• No impact to the Campground driveway through the Property
• No stockpiling of materials next to the Campground boundary
• Implementation of extensive Erosion Control and Stormwater Pollution Prevention Plan
ensuring dust control and sediment control .
• Ensure contractor complies with DEP emissions standards (idling restrictions)
• Installation of approved additional buffering vegetation after grading and clearing in
order to provide additional noise mitigation during construction
Land Use Findiinas
LUF1 . The Commission finds the Town of Brewster has an endorsed Land Use Vision Map
(LUVM) which designates the project site as Resource Protection Area and Other.
LUF2 . The Commission finds that based on the 7/1/11 written testimony Brewster Water
Commissioners that the Brewster Water District does not have an interest in considering the
project site as a Potential Public Water Supply Area that the Commission finds the proposed
development is consistent with MPS LUI . I (Development Location) .
LUF3 . The Commission finds the Applicant has consolidated the development in order to
minimitre site clearing, including use of multistory buildings, which is consistent with MPS
LU1 . 2 ( Compact Development) .
LUF4. The Commission finds the project complies with MPS LU2 . 1 (Connections to Existing
Infrastructure) because the project's proposed wastewater infrastructure will support
consolidated development, minimised site clearing, and use of multistorybuildings consistent
with MPS LU1. 2 (Compact Development) .
LUFS . The Commission finds there are no agricultural soils on or adjacent to the site based
upon the Natural Resources Inventory and . the analysis and testimony of Heather McElroy,
MP Renaissance Brewster DRI Decision
August 2, 2012 . .
.Page 5 of 32
Natural Resources Specialist and as such the project is consistent with MPS LU3 . 2 (Impacts to
Agricultural Lands) .
LUF6 . The Commission finds the project is consistent with MPS LU3 . 1 (Byffers to Agricultural
Uses) by use of a thickly vegetated buffer which is of sufficient width and provision of protected
open space to prevent conflicts between the development and the adjacent Sweetwater Forest
Campground, and that the Commission shall condition the project to ensure compliance with
MPS LU3 . 1 as the project is built.
LUF7. The Coanmission finds that MPS LU2 . 2 (Co4ocation of Telecommunication Facilities)
does not apply because the project does not involve anew wireless telecommunications facility.
Economic Development Findings
EDF1 . The Commission finds the proposed MP Renaissance development is not located in an
I cononnic Center, Industrial and Service Trade Area, or Village Center on the LUVM as required
by MPS ED1: 1 (Location. in Economic Centers) and as new development, the project is required
to meet four (4) waiver criteria under MPS ED1. 3 (Waiver).
EDF2 . The Commission adopts the written testimony of Commission staff in the 2/21/12 staff
report and. finds that the Applicant has demonstrated that the proposed project meets the
following four criteria according to MPS ED1.3 ( Waiver) . Variety, Green Design, Emerging'
Industry Clusters, and Distributed Energy Generation.
The Commission finds the proposed project is development, and accordin"to MPS ED1. 3 the
Applicant must demonstrate that development meets four (4) waiver criteria in order to waive
MPS EDZ . 1 . The Commission finds the Applicant has demonstrated that the project meets the
following four criteria.
i . Variety : The project includes units (two or more) designed and sized (less than 3 , 000
square feet) to accommodate small businesses (10 or fewer employees) .
2 . Green Design: The project is, at a minimum, LEER/New Construction-certified at the
base level.
3 . Emerging Industry Clusters : The project is designed to and will accommodate a
business or businesses within the region's Emerging Industry Clusters, which i
ithinclude
marine sciences and technology; arts and culture; information and related technology;
renewable and clean energy, and education and knowledge-based industries or other
high-skill, high-wage, lm.owledge-based business activity.
4 . Distributed Energy Generation: The project generates , using renewable sources, at least
25 percent .of the electrical demand required by the development on site.
To demonstrate that the project meets the Variety criterion, the Applicant has provided project
plans showing space allocated for four (4) independent businesses each occupying less than
3 , 000 square feet,
To demonstrate that the project meets the Green Design criterion the Applicant has provided a
LEED checklist completed by a LEED certified professional. ' This checklist shows that the
project meets the miniinum required points for Homes (Multi:family Residential) .
To demonstrate that the project meets the Emerging Industry Clusters criterion, the Applicant
provided an Economic and Fiscal Impact Report on :the project from Clyde W. Barrow, Director
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 6 of 32
of the Center for PolicyAnalysis • at the University of Massachusetts Dartmouth. According to
this document, the development will create 101. 7 full-time equivalent (FTE) jobs with a total
payroll of $ 3 . 8 million. The average wage will be $ 37336 . The Emerging Industry Cluster
waiver criterion call for a project that accommodates -high-skill, high-wage, and knowledge
based business activity. Based on the testimony of Leslie Richardson, the Commission' s Chief
Economic Development Officer, there are over eleven (11) high-skill, high-wage and knowledge
based positions proposed for this resident health care facility, as shown in the chart, below,
which qualify this business the Emerging Industry Cluster waiver criterion.
Annualized Minimum
Position FTEs Wages Per FTE Education
Requirement
Executive Director 1800 $105,352. 00 Bachelor Degree
Office Manager/HR 1400 $ 52,728 . 00 Associate Degree
Physical Plant Director 1400 $79,o61. 00
Director of Dining Services 1000 $ 68,952.00 HS & some PSE
AL Program Director 1. 00 $ 69, 680.00 Bachelor Degree
Licensed Practicing Nurse 2.50 $ 50, 887. 00 Technical
ALZ Program Director 2.20 $ 72,61o .91 Bachelor Degree
Fitness Director -1000 $ 66,394. 00 Certification '
Marketing 2 .00 $81,931.00 Bachelor Degree
Source : MP Renaissance, Massachusetts Department of Labor & Workforce. Development, (2011)
To demonstrate that the .proiect meets the Distributed Energy Generation criterion, the
Applicant has provided a roof plan with solar panels sufficient to meet 25 % of the project' s
calculated energy demand as described in Finding EF2 .
EDF3 . ' The Commission finds that the Sweetwater Forest Campground is a campground upon
which Appaloosa horses are raised and for the purposes of MPS ED1. 4, contains working
agricultural land and recreational areas . The Commission further finds for the purposes of MPS
ED1 . 4, there are no working waterfronts , harbor, fiu. and shell fishing grounds on or near the
project site.
EDF4. The Commission finds the Applicant has met its burden to show that the development
Shall not eliminate or significantly impair the current and future function of the working
agricultural land and recreational uses at the Sweetwater Forest Campground.
EDF5 . The Commission finds that the future functioning of the Campground will not be
eliminated or substantially impaired because .the use as an assisted living/memory care facility
as described in finding GF2 is in essence a quiet use . The Commission adopts the testimony of
the Applicant and finds that delivery and trash trucks would be bi-weekly, thus limiting
exposure to truck noise . The Commission further finds that the preservation of 4. 5 acres will act
as a buffer to the East of the Campground. The Commission. further finds that the current and
future use of the horse farm component of the Sweetwater Forest Campground would not be
significantly impaired or eliminated because The Secret Pardon, the Appaloosa horse which
does not contain the genetic defect, is stalled in Florida. The Commission fiirther finds that the
Applicant expressed a willingness to take a construction pause for foaling in the spring and that
James Rylander of Sweetwater Forest Campground testified that might work The Commission
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 7 of 32
finds that the Applicant has testified it has tried several times to discuss accommodations with
the Sweetwater Forest Campground and its calls went unanswered. The ComrnisSion finds that
the buffer that is proposed to be added by the Applicant around the perimeter of the site serves
to buffer construction noise between the project site and the horse barn. Whereas the horse
barn is approximately 86o feet and horse ring is approximately 1, 000 feet from the proposed
development, the proposed development is positioned upon a grade which lowers the building
by virtue of the topography of the land in between it and the horse barn, whereas the
Commission members observed that the horses were not disturbed by the tractor noise on the
site, whereas and horses and campers currently. experience traffic noise from the hundreds of
campers (up to 3 ,500 guests during busy summer weeks or holiday weekends as testified by
Heather Cestaro Rylander the owner of the Sweetwater Forest Campground) and also that
delivery trucks which enter and exit the Sweetwater Forest Campground via the Campground
driveway (located on an easement to the Applicant's site) , and which bisects the Applicant's
parcel, and is closer to the Sweetwater Forest Campsites than the proposed development, and
whereas the bustling activity of a busy campground generates noise, the Commission fords there
V sufficient distance, topography, buffers, and background noise to conclude the construction of
the Applicants facility will not eliminate or significantly impair the current and future
functioning of the Sweetwater Forest Campground.
The Commission finds that James Rylander, owner and operator of Sweetwater Forest
Campground, has submitted a subdivision plan for and testified of his intention to build a single
family home immediately north of the proposed development on the pasture land in between
the proposed development and the horse barn. The Commission further finds that it observed
that the pasture area with the fence posts appeared to not have been used for over a year. '
The COn1mi cion adopts the testimony of the Applicant and finds that the Applicant proposed to
accommodate the Sweetwater Forest Campground's quiet hours by changing its proposed
construction schedule to no work on Saturdays and Sundays, and. work from 8 : oo AM to 5 : 00
PM Monday to Friday. Clearing; grading, fouiadation and framing work is proposed to only
occur from Labor Day to June �5t" so as to no impact the summer season. The Applicant has
also proposed the following: No construction vehicles on Campground driveway; No stockpiling
of materials next to the Campground driveway; Implementation of extensive erosion control and
Stormwater Pollution Prevention Plan ensuring dust and sediment control; and to ensure that
the contractor complies with DEP emission controls . '
The Commission further fords that the Applicant has additionally met its burden to show
compliance with MPS ED1. 4 through the terms and conditions it offers in its supplemental
submissions dated 3/12/12 , 3/30 /12 and 5/1/12 , including clustering and compressing the
development footprint, permanently setting aside 4. 5 acres of forested land in the northern
portion of the property abutting tent and RV sites, leaving an undisturbed natural and vegetated
8o-go foot buffer from. the Sweetwater Forest Campground driveway, and providing additional
plantings along the central western portion of the property boundary to augment the existing
_ . forested- buffer.
EDF6 . The Commission finds that MPS ED1. 2 (Industrial and Service Trade Areas) does not
apply because the project is not located in an Industrial and Service Trade Area.
EDF7. The Commission finds that MPS ED2 . 1 (Gaming) does not apply because the project
does not involve Class III Gaming.
MP Renaissance Brewster DRI Decision
AugUSt 2, 2012
Page 8 of 32
EDF8 . The Commission finds that MPS ED4 . 1 (Demonstrated Need and Public Benefit) does
not .apply because the project's infrastructure and/or capital facilities are confined to the site
and the ,project is not proposing regional capital infrastructure and/ or capacity.
Water Resources Findin2rs
WRF1 . The Commission finds the project is located in the following water resource areas as
described in the Water Resource sections of the RPP and as delineated on Water Resource
Classification Maps I & - H , Potential Public Water Supply Area (Water Resources Section WR2) ,
Marine Water Recharge Area for the Herring River (Water Resources Section WR3) and Fresh
Water Recharge Area (Griffiths Pond) (Water Resources Section WR4) .
WRF2 , The Commission fords that Regional Policy Plan MPS WR2 . 1 (Five ppm Nitrogen
Loading Standard) , MPS WR2 . 2 (Prohibition on Hazardous Materials/Wastes) , MPS WR2 . 3
(Restrictions on Private Wastewater Treatment Facilities) and MPS WR2 . 4 (Prohibition on
Uses under State Regulation) apply "to development and redevelopment in Wellhead
Protection and Potential Water Supply Areas as shown on Water Resources Classification Map
I*
WRF3 . The Commission finds the project site is not located in a mapped Wellhead Protection
Area on the RPP Water Resources Classification Map I.
WRF4 . The Commission finds the RPP definition of a Wellhead Protection Area is "Land that
receives precipitation to recharge pumping wells ."
WRF5 . The Commission finds that based on the 7/1/ 11 written testimony of the Brewster Water
Commissionersthat the Brewster Water District does not have an interest in considering the
project site as a Potential Public Water Supply Area that the Commission finds the proposed
development is consistent with MPS WR2 . 6 .
WRF6 . The Commission finds the Potential Public Water Supply Area designation is removed .
from the site and as such the project is not subject to the 1 PPM nitrogen loading limit pursuant
to MPS WR2 . 6 .
WRF7. The Commission finds that MPS WR2 . 3 requires that "[p]ublic and private wastewater
or treatmentfacilities with Title 5 des ' n flows greater than io, 000 gallons per day shall not
be permitted in Wellhead Protection Areas . . . . "
WRF8 . The Commission adopts the testimony of Scott Michaud and fords based on a
groundwater flow simulation developed by Commission staff using information from the
Departrneat of Environmental Protection-approved Hydrogeologic Evaluation that the proposed
wastewater treatment facilities are not located in a Wellhead Protection Area.
WRWg . The Commission finds that the Interim Wellhead Protection Area approved by the
Department of Environmental Protection shown on the Grading and Drainage Plan (Sheet 5)
submitted with the DRI application does not indicate "Land that receives precipitation to
recharge pumping wells" as defined by. the Regional Policy Plan.
WRF1o . The Commission finds that MPS WR2 . 1 (Five ppm Nitrogen Loading Standard) , MPS
WR2 . 2 (Prohibition on Hazardous Materials/Wastes) , and MPS WR2 . 3 (Restrictions on
Private Wastewater Treatment Facilities) do not apply to this pro] ect.
MP Renaissance' Brewster DRI Decision
August 2, 2012
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VVRFx1 . The Commission finds that MPS WR2 .4 requires that• "[u]ses prohibited in Zone IIs by
state regulations shall not be permitted.
WRF12 . The Commission finds that the project does not comprise a use prohibited by the State
in a Zone H, nor is the project located in a Zone II, and therefore MPS WR2 .4 does not apply.
WRF13 . The Commission finds the project as proposed meets MPS WR . i (,5 ppm Nitrogen
Loading Standard),
WRF14 . The Commission finds the proposed project is consistent with MPS WR1. 2
(Identification of Drinking Water Wells) because the project will be connected to public water
supply and the Applicant has not proposed drinking water wells within 400 feet of the project
site nor are there any existing private drinking water wells on any abutting properties within
400 feet of the proposed development as demonstrated by the Hydrogeologic Evaluation Report
submitted with the DRI application.
WRF15 . The Commission finds the Applicant complies with MPS WR1. 5 (Turf and Landscape
Management Plan) based on the draft landscape and turf management plans submitted with
the DRI application, and that the Commission shall condition the project to ensure the project
complies with MPS WR1 . 5 as the project is built.
WRF16 . The Commission finds that MPS WR3 . 1 (Critical Nitrogen Load Standard for
Developrrient) does not apply to this project because the critical nitrogen load for the Herring
River has not been determined.
WRF17. The Com=sion finds that a Massachusetts Estuaries (MEP) Report critical nitrogen
load or a Total Maximum Daily Load (TMDL) documenting a water quality problem in the
Herring River has not been published and that MPS WR3 . 2 .(Maintenance or Improvement of
Nitrogen Loading) does not apply to this project.
WRF18 . The Commission finds that MPS WR3 . 4 (Nitrogen Offset Contribution) does not apply
to this project.because MPS WR3 . 1 and MPS WR3 . 2 do not apply to this project.
WRF1g . The Commission adopts the testimony of Scott Michaud and finds the draft MEP
watershed delineation for the Herring River does not include the project site and therefore the
Commission, in exercising its discretion as provided by MPS WR,3 . 5 (Monetary Contribution)
does not require a monetary contribution for the development or implementation of appropriate
nitrogen management strategies.
WRF2o . The Commission finds the proposed project is required to meet applicable MPS in
Regional Policy Plan Section WR6 , including MPS WR6 . 2 ( Tertiary Treatment) , MPS WR6 . 7
(Long-term Ownership of Treatment Facilities) and MPS WR6 . 8 (Sludge Disposal} because the
project will have a groundwater discharge of over 10 , 00o gallons of wastewater per day, and that
the Commission shall condition the project to ensure the project complies with MPS WR6 . 2 ,
MPS WR6 ..7, and MPS WR6 . 8 , as the project is built.
WRF21. The Commission finds that the project will be required by a State-issued Groundwater
Discharge Permit to achieve denitrification of project wastewater to a nitrogen concentration of
no more than 10 milligrams per liter .(ppm) .
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August 2, 2012
Page io of 32
WRF22 . The Commission finds that MPS WR6 . 2 requires that wastewater treatment facilities
be designed to achieve tertiary treatment with denitrification that achieves a nitrogen
. concentration of no more than 5 ppm in groundwater at the downgradient property boundary,
and that compliance with the standard may be demonstrated by treating project wastewater to a
nitrogen concentration of no more than 5 ppm.
WRF23 . The Commission finds that the project shall be conditioned to require compliance
water quality monitoring to ensure the project complies with MPS WR6 . 2 .
WRF24. The Commission finds that the project will comply with MPS WR6 . 2 at the 10 ppm
treatment efficiency and therefore MPS WR6 . 9 does not apply.
WRF25 . The Commission finds that MPS. WR6 . 1 (Private Wastewater Treatment Facilities)
and MPS WR6 . 3 (Hydrologic Balance) do not apply because Brewster does not have a
Comprehensive Wastewater Management Plan and because the proposed treatment plant and
discharge area are over 8 o o feet away from Griffiths Pond.
WRF26 . The Commission finds the proposed development complies with MPS WR7. 2 (Onsite
Infiltration) , MPS WR7. 3 (Roof Runoff , MPS WR7. 4 (Bioinfiltration Practices) , MPS WR7. 5
(Structured Infiltration Devices) , MPS WR7. 6 (Impervious Surfaces) , MPS WR7. 8 (Minimum
Two foot Separation to Groundwater), MPS WR7. 9 (Best Management Practices during
Construction) andWR7. 1o ' (StormwaterMaintenance and Operations Plan) because the
Applicant has submitted draft site development plans and a draft Stormwater Operations and
Maintenance Plan that conform with these standards , and that the Commission shall condition
the project to ensure compliance with MPS WR7. 9 and MPS WR7. 10 as the project is built..
WRF27. The Commission finds that MPS WR7. 11 (Shut-off Valve in Wellhead Protection
Areas) does not apply to the proposed project.
WRF28 . The Commission finds that MPS WR1 .3 (Groundwater Study Requirement) does not
apply because the project will be connected to the municipal water supply and therefore does
not have a water withdrawal.
WRF29 . The Commission finds that MPS WRi. 4 ( Cluster Development)a does not apply to this
project because it does not involve a residential subdivision of five or more lots .
WRF3 o . The Com=' sion .finds that MPS WR3 . 3 (Local Management Plans) does not apply to
this project because there is no Commission-approved watershed nutrient management plan or
Commission-approved Comprehensive Wastewater Management Plan.
WRF31. The Commission finds that MPS WR4. 1 (Limits on Subsurface Disposal Systems),
- - - - -- - MPS-WR4:2 - (--Monetary Contribution), and MPS WR4. 3 (Public and Private Wastewater
Treatment Facilities). do not apply to this project because the site is located over 800 feet from .
Griffiths Pond.
WRF32 . The Commission finds that MPS WR5 .1 (Nitrogen Loading Standard), MPS WR5 . 2
(Public and Private Treatment Facilities), MPS WR5 . 3 (Monetary Contribution in Economic
Centers/Growth Incentive Zones), MPS WR5 .4 (Nitrogen Loading Standard in Impaired Area)
and MPS WR5 . 5 (Alternate Water Supply Standard in Economic Centers/Growth Incentive
MP Renaissance Brewster DRI Decision
August 2, 2012
or Page 11 of 32
Zones) do not apply to this project because the site is not located +1T1 a Water Quality
Improvement Area/Impaired Area, in an Economic Center or in a Growth Incentive Zone .
WRF33 . The Commission finds that MPS WR6 . 5 (Ownership and .Maintenance of Treatment
Facilities) does not apply to this project because Brewster's Fiscal Year 2012 — 2017 Capital Plan
does not address funding, construction or ownership of capital facilities including but not
limited to public or private wastewater treatment facilities .
WRF34. The .Commission finds that MPS WR6 . 6 (Restrictions in FEMA Flood Zones/Other
Sensitive Areas) does not apply to this project because the site is not in a FEMA Flood Zone, an
ACEC, wetlands, wetland buffer area, a barrier beach, a coastal dune or critical wildlife habitat. . .
WRF35 . The Commission finds that MPS WR7. 1 (No New Direct Discharges of Untreated
Stormwater) does not apply to this project because- it will not -create a new direct discharge of
untreated stormwater, parlang lot runoff and/or wastewater into a marine or fresh surface water
or wetland:
WRF36 . The Commission finds that MPS WR7. 7 (Stmaured Infiltration Devices in Economic
Centers) does not apply to this project because it is not redevelopment and the site is not located
within an Impaired Area or an Economic Center.
WR.F37. The Commission finds the Applicant has complied with BDP WR5 . 6 (Chapter 21 E Site
Assessment),
Coastal Resources Findings
CRFs. The Commission finds that the Coastal Resources section of Regional Policy Plan does
not apply because the project site is located well inland of any of the coastal resources addressed
by the RPP Coastal Resources section.
Wetlands Findings
WETFx . The Commission finds the Applicant has provided a Natural Resources Inventory
(NRI) that is consistent with the requirements of MPS WPH1. 1 (Natural Resources Inventory)
which indicates there are no wetlands on or within loo feet of the development envelope for the
project.
WETF2. Based on the Natural Resources Inventory provided by the Applicant, the Commission
finds the project is consistent with MPS WET1. 1, MPS WET1. 2, MPS WET1. 3 , and MPS WET1. 4 .
Wildlife and Plant Habitat Findings
WPHFs. The Commission finds the Applicant has provided a Natural Resources Inventory
(NRI) that is consistent with the requirements of MPS WPH1 . 1 (Natural Resources Inventory)
which indicates there are no wetlands on or within loo feet of the development envelope for the
project.
WPHF2. The Commission finds the Applicant has complied with MPS WPH1 . 2 (Clearing and
Grading) and MPS WPH1 .3 ( Wildlife and Plant Habitat) byminimisite clearing, use of
multistory buildings, and by plantings along the westerly and northerly perimeter in connection
with the proposed Turf Management and Landscape Plan and, that the Commission shall
condition the project to ensure compliance with these MPS as the project is built.
MP Renaissance Brewster DRI Decision
August 2, 2012
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WPHF3 . Based on the Natural Resources Inventory provided by the Applicant, the Commission
finds the project is consistent with MPS WPH1.4.
WPHF4. The Commission finds MPS WPH1. 5 ( Vernal Pools) and MPS WPH1. 6 (Invasive.
Species) do not apply to this project because the site is not mapped for rare species habitat, and
because the Natural Resources Inventory did not -note any unusual plant species, vernal pools or
invasive species on the site.
Oven Space Findings
19
0SF1 . The Commission finds the Applicant has consolidated the development in order to
minimize site clearing, including use of multistory buildings , which is consistent with MPS OSi . 1
(Clustering of Development).
OSF2 . The Commission findsas provided in MPS 051. 3 ( Open Space Requirements) that the
Commission removes the Significant Natural Resources Area designation because the
Commission finds the land is not a Potential Public Water Supply Area based *on the 7/1/11
written testimony, of the. Brewster Water Commissioners.
OSF3 . The Commission finds the open space requirement for the proposed project is 8 . ox acres
and that the Applicant has proposed to permanently protect 12 . 8 acres on the site in excess of .
the requirement and consistent with MPS OS1. 2 (Open Space Connections) and MPS OS1 . 3 .
OSF4 . The Commission finds thatthe location and amount of open space is sufficient to comply
with MPS 0S1 . 2 and MPS OSI- 3 , and that the Commission shall condition the project to ensure
compliance with MPS OS1 . 2 and MPS 0S1.3 as the project is built.
OSF5 . The Commission finds that the Applicant ism compliance with MPS 0S1.4 (Sensitive
Natural Resources) with the exception of an aquifer, because none of the other resources listed
in this MPS are located on this site.
OSF6 . The Commission finds that to the extent that Cape Cod is a Sole Source Aquifer that the
Commission finds the proposed project is consistent with MPS OS1.4 (Sensitive Natural
Resources) ,
OSF7. The Commissions find that the site is located adjacent to land in active agricultural
production according to MPS OSi . 6 (Sensitive Open Space Resources) and that the
development has been configured to prevent 4adversemipacts to those lands, including
additional vegetated buffers, and that the development has been configured in a manner that
maximizes contiguous onsite open space. The Commission further finds that "additional
vegetated buffers may be required where necessary to screen or separate uses ".
OSF8 . The Commission finds that MPS 0S1. 5 (Residential Cluster) does not apply to this
project because the project does not involve a residential subdivision of 5 or more lots or a
coerci
mmal subdivision.
OSF9 . The Comrnission finds that MPS OSI- 7 (Open Space in GIZ/Economic Center) does not
apply to this project because the project is not located in an Economic Center or Growth
Incentive Zone .
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August 2, 2012
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OSF1o . The Commission finds that MPS OS1.. 8 (Open Space and Parking Garages) does not
apply to this project because the Applicant is not proposing a parking garage .
Transportation Findings
TF1. The Commission finds the Applicant's trip generation source of data (ITE) and
calculations were conducted in conformance with MPS TRo . 1 (Sources of Trip-generation
.Data) -aad that the Applicant's Traffic Impact and Access Study and a 1/5/12 Supplemental
Memorandum were conducted in compliance with MPS TR3 .3 ( Traffic Studies) .
TF2. The Commission finds the. Applicant has proposed a trip reduction plan that will comply
with MPS TR2 . 1 ( Trip Reduction Outside Growth Incentive Zones or Economic Centers), and
that the Commission shall condition the proposed project to ensure compliance with MPS
TR2 . 1 .
TF3 . The Commission finds the Applicant has complied with MPS 2 . 3 {Interconnections) by
attempts to engage the adjacent parcel owners relative to providing a vehicular and/or
pedestrian connection between parcels. According to • testimony in the record, the adjacent
parcel owner is not amenable to interconnecting the parcels. Therefore, the Commission finds
an interconnection agreement has not been reached although the Applicant is agreeable to a
future interconnection agreement.
T74. The Commission finds the Applicant has complied with the trip reduction requirements,
allowances , and estimation as detailed in MPS TR2 . 5 (Estimating Trip Reduction) , MPS TR2 . 10
(Acceptable Trip Reduction Strategies) and TR3 . 2 ( Creditfor Trip Reduction Mitigation) .
T78 . The Commission finds that requiring a bus stop, tvrnout , or shelter according to MPS
TR2 . 6 (Bus Stops, Turnouts and Shelters) is not appropriate because the site is not located on "
an existing transit route .
TF6 . The Commission finds the Applicant has complied with MPS TR2 . 7 (Bicycle and
Pedestrian Accommodations) by including sidewalks and pedestrian areas within the project,
full handicap access within the project, and secure, weather protected bicycle rack acid/or
storagelockers along with appropriate signage, and that the Commission shall condition the
project to ensure compliance with MPS TR2. 7.
TF7. The Commission finds thatthe preservation: offrontage. m. accordance with MPS TR2.. 8
(Preservation of Frontage) to provide bicycle or pedestrian accommodations are not
appropriate because Route 124 /Harwich Road has adequate right of way to accommodate a
bicycle path or sidewalk.
TF8 . The Commission finds the Applicant will comply with MPS TR2 . 9 (Parking Spaces) by
providing no more than the minimum number of spaces required by the Town through
provision-of 88- spaces;.which will meet requirements set forth in the Town of Brewster Zoning
Bylaws,
TF9 . The Commission finds the proposed project has met MPS TR3 : 1 (Operational
Requirements) by providing a Level of Service (LOS) analysis for the site driveway of the 132"
unit facility in a follow up Memorandum from Vanasse & .Associates, Inc. dated February 14,
2012 because the Level of Service analysis shows a LOS B under 2o16 peak month build
conditions .
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 14 of 32
TF1o . , The Commission finds the proposed project will comply with MPS TR3 . 4 (Mitigation for
Congestion Impacts Required) and with MPS TR3 . 6 (Fair Share Payments) by providing Fair
Share financial mitigation of $ 52, 807 to offset the new peak hour traffic generated by the
project.
TF11. The Commssion finds it shall condition the project to require the Applicant to provide the
$ 52 , 807 Fair-Share mitigation payment prior to commencement of construction, and prior to
issuance by the Cape Cod Commission of a Preliminary Certificate of Compliance.
TF12 , The Commission finds it shall condition the project to comply with MPS TR3 .16 ( Use of
Congestion Mitigation Funds) related to the Fair Share mitigation payment.
TF13 . The Commission finds the proposed project is consistent with MPS TR1. 1 (No
Degradation of Safety) and will not result in a degradation in public safety.
TF14. The Commission finds the Applicant provided the most recent available three years of
crash data as provided by the Massachusetts Department of Transportation which indicate that
neither the site driveway nor any intersection within the study area experienced an average of
three crashes per year for three years, and therefore that the Applicant has complied with MPS
TR1 . 2 (Crash Frequency at .Key Locations) and MPS TR1 . 3 (Identification of Safety Impacts) .
TF15 . The Commission finds the site driveway will be built in conformance with access
management guidelines as required by MPS TR-4 (Standards for Driveway Construction) and
that the Commission shall condition the project to require compliance with MPS TR.1. 6 (Sight-
Distance Obstructions) which requires that signs or vegetation will be located to minim ; e visual
obstructions.
TF16 . The Commission finds it shall condition the project to comply with MPS TRo . 3 (Permits
for Roadwork Prior to .Construction) as this MPS applies to the driveway construction.
TF17. The Commission finds the site planning and access/egress will comply with MPS TR1 . 7
(Bicyclists and Pedestrian Safety andAccess/.Egress Requirements) by accommodating all .
users in a manner consistent with the adjacent roadway network and by minimizing adverse
impacts on the adjacent roadway network.
TF18 . The Commission adopts the written testimony of F. Giles Ham dated 1/5/12 and finds the
proposed site drive is consistent with MPS TR1 . 8 (Sight=Distance Requirements) which requires
Applicants to ensure that safe stopping sight distance is available at all driveway locations.
TF19 . The CbnimisSion finds that MPS TRo . 2 (Traffic Creditfor Past Uses) does not apply
because the project site is currently vacant, undeveloped land.
TF20 . The Commission finds that MPS TRo . 4 (Alternative Method for Compliance within
Economic Centers) does not apply because the project is not located in an 'Economic Center.
TF21 . The Commission finds that MPS TRo . 5 (Incentive forMixed Use in Economic *Centers)
does not apply because the project is not Mixed Use and is not located in an Economic Center.
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 15 of 32
TF22 . The Commission finds that MPS TR1 . 5 (Route 6Access/Egress) does not apply because
this project it is not located within a limited access portion of Route 6 .
TF23 . The Commission finds that MPS TRL9 (Mitigation Timing) does not apply to this project
because mitigation has not been proposed to address or offset a safety concern.
TF24 . The Commission finds that MPS TR2 . 2 (Trip Reduction Inside Growth Incentive Zones
or Economic Centers) does not apply to this project because the project is not located in a
Growth Incentive Zone or' Economic Center.
TF25 . The Commission finds that MPS TR2 . 4 (Incentives for Connections between Adjacent
Parcels) does not apply to this project because there are no current interconnections to adjacent
parcels .
TF26 . The Commissionfinds that MPS 2 . 11 (Other Trip Reduction Strategies) does not apply to
this project because the Applicant has proposed a trip reduction plan that complies with the
Regional Policy Plan trip reduction requirements .
TF27. The Commission finds that MPS TR2 . 12 ( Trip Generation Credit) does not apply to this
project because the project is not exceeding the Regional Policy Plan trip reduction
requirements.
TF28 . The Commission finds that MPS TR2 . 13 (Inflation Factor) does not apply to this project
because the Applicant has proposed on onsite trip reduction program rather than a cash
contribution.
TF29 . The Commission finds that MPS TR 2 . 14 ( Uses of Trip Reduction Funds) does not apply .
to this project because the Applicant has proposed on onsite trip reduction program rather than
a cash contribution.
TF30 . The Commission finds that MPS TR3 . 5 (Mitigation Fee) does not apply because the
Applicant has proposed full mitigation of project impacts . .
TF31 . The Commission finds that MPS TR3 . � (Restrictions on Road Widening or New Signals)
does not apply because the project does not involve road widening or a new signal to address
MPS TR3 . 6 .
TF32 . The Commission finds that MPS TR3 . 8 (Year Round Structural Mitigation) does not
apply because the project does not involve structural mitigation.
TF33 a The Commission finds that MPS TRS . 9 (Bicycle and Pedestrian Links) does not apply
because the project does not include road and intersection widening or modification of existing
traffic signals or bicycle or pedestrian links connected to such work.
TF34 . The Commission finds that MPS TR3 . 10 (Preserve Existing Rights of Way) does not
apply because the project will not affect. existing transportation rights of way.
TF35 . The Commission finds that MPS TR3 . 11 (No Capacity Increases on Controlled Access
Highways) does not apply to this. project because the project does not affect a Controlled Access
Highway.
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August 2, 2012
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TF36 . The Commission finds that MPS TR3 . 12 ( Consistency with Other Plans) does not apply
to this project because the project does not involve construction of roadway infrastructure .
TF87. 1 The Commission finds that MPS TR . 13 ( Operation and Maintenance Costs) does not .
apply to this project because the project does not involve construction of traffic signals .
TF38 . The Commission finds that MPS TR3 . 14 ( Traffic Monitoring Devices) does not apply to
this project because the project does not involve road widening, intersection signals or other
roadway capacity alterations .
TF39 . The Commission finds that MPS TR3 . 15 (Inflation Factor) does not apply to this project
because the intent of this MPS is to address mitigation payments for future construction of
transportation projects , and no' such future transportation projects are proposed.
TF40 . The Commission finds the proposed development complies with BDP TR2 . 16 (Alternate
Modes of Travel) and BDP TR2 . 19 (Preferred Parking Spaces) .
Hazardous Waste Management Findings.
HWF1 . The Commission finds that the Potential Public Water Supply Area designation is
removed from the site, and as such, the project is not subject to the limit on Hazardous Waste in
a PPWSA imposed by MPS WM1. 1 (HazardousMaterials/Waste Restrictions).
HWF2 . The Commission fords - that MPS -WM1 . 2 (Credit for Redevelopment) does not apply to .
this project because there is no prior use of project site which is currently vacant.
HWF3 . The Commission finds that MPS WM1. 3 (Creditfor Removal of Development) and MPS
WM1 . 4 (Pollution Prevention and Emergency Response Plan) do not apply to this prof ect
because it is not located in a Wellhead Protection Area and is not within a Potential Public
Water Supply Area as designated by the Regional Policy Plan.
HWF4 . The Commission finds that project operation will generate Hazardous Wastes including
used fluorescent bulbs , used computers , used computer monitors and televisions, mercury-
containing batteries , and unused solid and liquid chlorine pool treatment, and that the
Applicant has provided an outline of a written plan or protocol to manage the Hazardous Waste
prior to disposal consistent with MPS WM1. 5Cb) for the project' s operational phase.
HWFS . The Commission finds the Applicant is in compliance with MPS WM1 . 5 (Compliance
with Massachusetts Hazardous Waste Regulations) provided that the (a) registration with or
notification to the Massachusetts Department of Environmental Protection as a generator of
Hazardous Waste; (b) a written plan or protocol to manage the Hazardous Waste. prior to
disposal; and (c) a signed contract with a registered, licensed- company to dispose of the
— Hazardous Waste are implemented for the project's construction and operational phases .
Solid Waste Management Findings.
SWF1. The Commission finds that based on the materials submitted by the Applicant including
a September 28 , 2011 Memo ; a narrative in the January 12 , 2012 DRI application ; a March 30 ,
2012 Memo , attachment and Exhibit E ; a. May 1 , 2012 Memo ; a May 17, 2012 Memo and a May
24, 2012 Memo that the proposed project is consistent MPS WM2 . 1 ( Construction Waste) , MPS
WM2 . 2 (C&D Waste Plan) and MPS WM2 . 3 (Post Construction Waste) ; and that the
MP - Renaissance Brewster DRI Decision
August 2 , 2012
Page 17 of 32
Commission shall condition the project to ensure compliance with these Minimum Performance
Standards.
SWF2 . MPS WM2 . 4 states in part "a post-construction management plan shall be provided by
those developments (primarily supermarkets) generating significant amounts of food waste . . . ".
The Coln=' sion finds that MPS WM2 . 4 (Food Waste Recycling) does not apply because the
proposed project will generate less than 225 tons per year of compostable waste.
Enerev Findiners
EFI. The " Commission finds the project in its design meets MPS E1.4 for Multi-Family
Residential Projects, which requires that all multifamily residential projects be designed
according to specified components of the ENERGY STAR National Attached Builder Option
specifications.
EF2. The Commission finds the proposed 136 kilowatt rooftop PV array, composed of 327 watt
photovoltaic panels as depicted on roof drawing Ai . 03 , submitted by TAT (dated 1/ 6/12 , revised
. 2/24/12) is sufficient to satisfy the waiver criterion of MPS E1 . 6 .
EF3 . The Commission finds that MFS E1. 7 (Clear Area) , MPS E1. 8 (Noise), MPS E1. 9 (Shadow
Flicker), MPS E1. 10 (Decommissioning) and MPS E1. 11 (Municipal WSCF Waiver) do not apply
because the project does not involve a Wind Energy Conversion Facility.
Affordable Housing Findines
AHF1. The Commission finds that the proposed project is consistent with the 10 % affordability
requirement of MPS AH1. 1 (Residential Requirement) and MPS AH1.4 ( Calculation of
Affordable Units) by providing fourteen (14) affordable units on site : seven (7) assisted living
and seven (7) memory care units, and that the Applicant's proposed maximum monthly rent and
service charges for the affordable assisted living one bedroom units and find the affordable
memory care studio units complies with MPS AHl . il (Pricing andRents of theAffordable
Units) .
AHF2 : The Commission finds the Applicant has complied with MPS AH1. 1 and AH1 . 11 because
the Applicant has specified in the DRI application and testimony that 10 % of the proposed units
will be affordable units, and that the Commission shall condition the project to ensure
compliance with MPS AH1.1 and MPS AH1. 11 as the project is built.
AHF3 . The Commission finds that the Applicant has committed to comply with MPS AHi: 8
(Timing and Mix of Units) because the development of onsite affordable units will take place at
the same rate and timeframe as market rate units, with. AH1 . 10 (ENERGY STAR requirement)
by a design that meets ENERGY STAR., with AH1. 12 (PermanentAffordability) .through an
affordable housing restriction, and AH1.13 (Monitoring of Affordability) by a monitoring
agreement to ensure affordability, and that the Commission shall -condition the project to ensure
compliance with MPS AH-1:8MPS- AHr. zo , MPS AH1. 12 , and MPS AH1 . 13 as the project is built.
AHF4 . The Commission adopts the written testimony of Commission staff in the 2/21/ 12 staff
report and finds that the Applicant has complied with the integration requirements of MPS
AH1. 9 (Size and Integration of the Affordable Units) through the project's design, and that the
Commission finds the unit size requirement in MPS AH1. 9 is not applicable.
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 18 of 32
AHF5 . The Commission finds it shall condition the project such that the final apportionment
among unit sizes as required by MPS AH1. 9 is to be determined when the final unit and floor
plans are developed.
AHF6 . The Commission finds the Applicant has complied with MPS AH2 . 1 (Non-
.Discrimination) and MPS AH2. 2 ( Visit-ability andforAccessibility) through. the project's
design, and that the Commission shall condition the project to ensure compliance with MPS
AH2 . i and MPS AH2 . 2 as the project is built
AHF7. The Commission finds that the Applicant has complied with MPS AH2 . 3 (Affirmative
Marketing and Tenant Selection) , and that the Commission shall condition the project to
require that the Applicant's marketing/selection plan as it is finalized shall include similar
elements and be consistent with affirmative marketing and selection policies as described in the
Local Initiative Program Affirmative Fair Housing Marketing Plan guidelines .
AHF8 . The Commission finds that MPS AH1 . 2 (Ten Percent Requirement far Subdivisions of
.io plus Lots) does not apply because the project does not involve a residential subdivision of io
or more lots.
AHF9 . The Commission fords that MPS AHi.3 (Cash Contributioiz .Option) , MPS AH1 . 6 (Offsite
Option Criteria) , MPS AH1. 6 (Location of Offsite Option) and MPS AH1. 7 (Timing of Offsite
Contributions) do not apply because the Applicant will comply with MPS AHi. 1 by providing
onsite units .
AHFio . The Commission finds that MPS AH1 . 14 (No Reduction in Number of Existing Units)
does not .apply because the project does not result in the reduction of non-condemned
residential units.
AHF1i. The Commission finds that MPS AH2 . 4 (Relocation Requirement) does not apply
because the project does not result in the dislocation of existing residential occupants.
AHF12 . The Commission finds that MPS AH3 . 1 (Mitigation Standard) , MPS AH3 . 2 (Alternate
Mitigation Calculation Option) , MPS AH3 . 3 (Annual Adjustment of Mitigation) , MPS AH3 .4
( On-site Units Option) , and MPS AH3 .6 (Redevelopment/Change of Use) are not applicable
because the proposed project is a residential development that is required to comply with MPS
A.H1. i .
AHF13o The Commission finds the proposed development complies with BDP AH1:16 (Priority
Affordable Recital Housing),
Heritaue Preservation and Coinmunity Character Findings
HPCCFi. The Commission finds the project is consistent with HPCC1 . 1, HPCC1. 2 and HPCCi. 3
- _ - 1= because* the-proposed-project is located-outside of any historic districts, because there are no
historic structures or cultural landscapes on the site, and based on a July 18 , 2011 letter from the
Massachusetts Historical Commission which determined that a "review of the Inventory of
Historic and Archaeological Assets of the Commonwealth did not identify any historic or
archaeological properties within the property ".
HPCCF2 . The Commission adopts the written testimony of Commission staff in the 2/21/12
staff report and finds the proposed project is consistent with MPS HPCC2 . 3 (Avoid Adverse
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 19 of 32
Visual Impacts) as Route 124 in .the vicinity of the project is not designated as a scenic roadway,
the roadway is characterized by wooded road edges that will remain with the proposed project,
that the building structure is over 200 feet from Route 124, and that the project will be screened
from Route 124 by existing vegetation, proposed landscaping and residences .
HPCCF3 . The Commission finds the project is consistent with MPS HPCC2 . 4 (Consistency with
Regional Conte t) as it is not located in a historic district, is not located in a village center, is not
a cultural landscape and does not contain historic properties and is consistent with MPS
HPCC2 . 5 (.Footprints Quer 15, 000 Square Feet) as the building's multiple distinct masses ,
fagade and roofline variation, roof shape and pitch, and building materials are consistent with
the region's development patterns and massing requirements for large buildings (over 15, 000
square feet) .
HPCCF4 . The Commission finds the proposed project is consistent with MPS HPCC2 . 6
(Building Forms and Facades) which requires 10 feet of variation for every 5o feet of fagade
length and with the Commission's Design Guidelines Technical Bulletin 96- 001. (as amended) .
HPCCF5 . The Commission fords the Applicant has complied with MPS HPCC2 . 10 (.landscape
Plan Requirements) by submission of draft landscape and turf management plans, by retaining
a buffer of existing vegetation of between '2 feet, and 96 feet in width from the edge of proposed
development to property line, by providing permanently protected open space adjacent to
adjoining properties, and by adding additional landscaping, and that the Commission shall
condition the project to ensure compliance with MPS HPCC2 .1o4 as the project is built.
HPCCF6 . The Commission finds the Applicant has complied with NIPS HPCC2 . 11 (Exterior
Lighting) through submission of proposed exterior lighting designs and plans, and that the
Commission shall condition the proposed project to ensure compliance with MPS HPCC2 . 11 as
the project is built.
HPCCF7, The Commission finds the proposed development complies with BDP HPCC2 .19
(Multiple Stories) .
CONCLUSION
Based on the above findings, the Commission hereby concludes :
1. That upon satisfaction of the conditions identified in this decision, the proposed
development is consistent with the 2009 Regional Policy Plan (as amended) . .
2 . Brewster does not have a Local Comprehensive. Plan which has been certified by the
Cape Cod CommiRsion as consistent with the Regional Policy Plan as outlined in
Finding GF4.
- 3: If the development successfully obtains the required local permits, the proposed
development is consistent with Brewster's local development by-laws/ordinances,
provided it receives a Special Permit from the Planning Board, a variance from the
Zomng Board of Appeals, and Planning Board Site Plan Review as outlined in
Finding GFS .
MP Renaissance Brewster DRI Decision
Augast 2, 2012
Page 20 of 32
4. The development isnot located within Brewster's Water Resources Protection
District of Critical Planning Concern nor any other District of Critical Planning
Concern as outlined in Finding GF6 .
5 . That the probable benefit of the proposed project is greater than the probable
detriment. This conclusion is supported by Finding GF7.
CONDMONS
The Commission hereby approves , with conditions, the DRI application of Coridian Associates
LLC for the proposed residential care facility to be located at o Harwich Road/Route 124,
Brewster, MA provided the following conditions are met: ,
General Conditions
GC1. This decision is valid- far a period of 7 years and local development permits maybe issued
pursuant hereto for a period of 7 years from the date of this written decision.
GC2 . The Applicant shall obtain all necessary federal, state, and local permits for the proposed
project.
GC3 . Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures , and remain in compliance herewith, shall be deemed cause to revoke
or modify this decision.
GC4. No development work; as the term "development" is defined in the Cape Cod
Commission Act, shall be undertaken until all appeal periods have elapsed or, if such an appeal
has been filed, until all judicial proceedings have been completed.
GCS. Prior to issuance of a Preliminary Certificate by the Cape Cod Commission for any
proposed "development" as defined by the Cape Cod Commission Act and as approved herein,
the Applicant shall submit final plans as approved by state, federal, and local boards for review
by Commission staff to determine their consistency with this decision. If Commission staff
determines that the final plans are not consistent with those plans approved as part of this
decision, the Commission shall require 'that the Applicant seek a modification to this decision in
accordance with the Modification section of the Comm.ission's Enabling Regulations in effect at
the time the modification is sought.
GC6 . All development shall be constructed in a manner consistent with the following plans
and other information described below:
• 1/ 6/12 Site Development Plans; by Kelly Engineering Group : Sheets 1 - Cover Page, 2 —
Existing Conditions Plan, 3 — Overall Site Plan, 4 — Layout Plan, 5 —Grading & Drainage
Plan, 6- Utility Plan, 7-Details Sheet, 8 — Details Sheet
1/ 6/i2 Int6Hbk and Exferior Architectural Drawings, by TAT/The Architectural Team:
Sheets To . o1 — Cover Sheet, A1 . 00 -- Ground Floor Plan, A1. o1 — First Floor Plan, A1. 02
— Second Floor Plan, A.L03 — Roof Plan, A4. o1 to A4 . 04 - Exterior Elevations , A5 . o1 —
Building Sections
GC7. Prior to the issuance of a Building Permit, the Applicant shall obtain a Special Permit from
the Brewster Planning Board for use, a variance for height from the Brewster Zoning Board of
Appeals, and Planning Board Site Plan Review,
MP Renaissance Brewster DRI Decision
August 2, 2012
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GC 8 . - Prior to any development as defined by the Act, the Applicant shall obtain a Preliminary
Certificate of Compliance from the Commission that states that all conditions in this decision
required to have been met for issuance of a Building Permit or a Preliminary Certificate of
Compliance have been met. Such Certificate of Compliance shall not be issued unless all
applicable conditions have been complied with. Prior to the issuance of a� Building Permit for
development, the Applicant shall obtain a Preliminary Certificate of Compliance from the
Commission that states that all conditions in this decision pertaining to issuance of a Building
Permit have been met, Such Certificate of Compliance shall not be issued unless all conditions
connected to the Preliminary Certificate of Compliance have been complied with.
GC9 . Prior to issuance of a Certificate of Use/Occupancy, the Applicant shall obtain a Final
Certificate of Compliance from the Commission that states that all conditions pertaining to
issuance of a Certificate of Use/ Occupancy or a Final Certificate of Compliance have been met.
Such Certificate of Compliance shall not be- issued unless ball conditions .connected to the Final
Certificate of Compliance have been complied with.
GC1o . Prior to the issuance of a Preliminary, the Applicant shall provide written proof to the
Commission that a copy of this decision has been provided to the general contractor(s) at least
thirty (3 0) calendar days prior to commencement of any development at the site.
GC11. The Applicant shall notify Commission staff in writing at least thirty (30) calendar days
prior to its intent to seek a Preliminary and Final Certificate of Compliance. Such notification
shall include a list of key contact(s) , along with their telephone numbers, mailing addresses, and
email addresses, for questions that may arise during the Commission's compliance review.
Commission staff shall complete 'an inspection under this condition, if needed, and inform the
Applicant in writing of any deficiencies and corrections needed. The Commission has no
obligation to issue any Certificate of Compliance unless and until all conditions are complied
with.
GC12 . The Applicant agrees to allow Commission staff to enter onto the property, which is the
subject of this decision, after reasonable notice to the Applicant, for the purpose of determining
whether the conditions contained in this decision including those linked to each Preliminary and
Final Certificate of Compliance have been met. .
GC13 . If all required building and site work is not complete at the time a Final Certificate of
Compliance is sought by the Applicant from the Commission, any work that is incomplete shall
be subject to an escrow agreement of form and content satisfactory to Commission counsel. The
amount of the escrow agreement shall equal 150 % of the cost of that portion of the incomplete
work, including labor and materials . The escrow agreement may allow for partial release of
escrow funds upon partial completion of work. Funds to secure the escrow agreement shall be
payable to the Barnstable County Treasurer with the work approved by Commission staff per
the escrow agreement prior to release of the escrow funds. Unexpended escrow funds shall be
returned to the Applicant, with interest, upon completion of the required work. All site work
secured by this Condition and the escrow agreement, if necessary, shall be completed within six
(6) months of issuance of a Final Certificate of Compliance from the Commission.
Land Use Conditions
LUC1. In accordance with Finding LUF6, prior to the start of construction of the building's
foundation the Applicant shall install buffer plantings identified in four (4) areas as identified as
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 22 of 32
A, B , C and D on the annotated plan attached as Exhibit B to this decision in connection with
Conditions LSDC1 and LSDC2 in order to meet the requirements of MPS LU3 . 1.
Economic Development Conditions
EDC1 . The Applicant shall implement the following :
From 3/ 12/12 Supplemental Memorandum:
• The Applicant shall Preserve significant bordering natural ,forested open space and
additional buffering vegetation adjacent to campground boundary as identified on
the plan .entitled Open Space Exhibit, MP Renaissance, o Harwich Road, Brewster,
MA dated 4112112
• The Applicant shall Cluster of the facility and site development in the center of the
property as identified on the plan entitled Overall Layout Plan, MP Renaissance, o
Harwich Road, Brewster, MA dated 1108112 by .Kelley Engineering Group
From 5/1/12 Supplemental Memorandum .
• Construction timing: No construction on Saturdays and Sundays
• -Construction timing: Construction hours shall be limited to 8 : oo AM to 6 : oo PM,
Monday — Friday
Clearing, grading, foundation, and framing work may only be performed between Labor
Day and June 16th of the year that such construction takes place
• No construction shall be allowed vehicles on Campground driveway.through the .
Property as identified on the plan entitled Overall Layout Plan, MP Renaissance, o
Harwich Road, Brewster, MA dated 1108112 by Kelley Engineering Group
• There shall be naunpact to the Campground driveway through the Property as identified
on the plan entitled Overall Layout Plan, MP Renaissance, o Harwich Road, Brewster,
MA dated 1108112 by Kelley Engineering Group
• There shall be no stockpiling of materials next to the Campground boundary as
identified on the plan entitled Overall Layout Plan, MP Renaissance, o Harwich Road,
Brewster, MA dated 1fo8112 by Kelley Engineering Group
• The Applicant shall 'implement extensive erosion control and a Stormwater Pollution
Prevention Plan ensuring dust control and sediment control .
• The Applicant shall ensure contractor complies with DEP emissions standards (idling
restrictions)
The Applicant shall install approved additional buffering vegetation after grading and
clearing and prior to the start of construction of the building's foundation in order to
provide additional noise mitigation during construction as identified on Exhibit B
Water Resources Conditions
WRC1 . Prior to issuance of a Building Permit by the Town of Brewster, and prior to issuance of
a Preliminary Certificate of Compliance by the Commission; the Applicant shall submit the
Groundwater Discharge Permit application to Commission staff for review and approval. Title 5
wastewater design flow shall not exceed 20 , 000 gallons per day, Information included in the
submittal shall demonstrate compliance with MPS WR6 . 7 and MPS WR6 . 8 .
WRC2 . The Applicant shall submit copies of groundwater discharge monitoring reports,
including water levels for existing monitoring well MW-3 (as identified in the Hydrogeologic
Evaluation, Plan GW-1, dated June 21, 2011) to the Commission at the same time these reports
are submitted to the Massachusetts Department of Environmental Protection. .
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 23 of 32
WRC3 . For a period of one (1) year, water -levels from existing monitoring well MWJ 3 and
proposed monitoring wells PM V- 1, PMW-2 , PMW-3 , and PMW-4 (Hydrogeologic Evaluation,
Plan GW-1, dated June 21, 2011) shall be measured monthly and used to contour water table
elevations at the project site on a site map of the same size and scale as previously submitted
Plan GW-i . The groundwater flow direction for the latest measurements shall be indicated on
the map with an arrow. Arrows which indicate groundwater flow directions determined from
previous measurements , including measurements from the Hydrogeologic Evaluation, shall also
be "included on the same site map. The Applicant shall submit copies of water level monitoring
reports to the Commission at the same time these reports are submitted to the Massachusetts
Department of Environmental Protection .
WRC4 . If any monthly report/site map produced as required by, conditions WRC2 and- WRC3
indicates the project does not comply with MPS WR6 . 2 , the Applicant shall submit a Return to -
Compliance Plan for Commission staff review and approval within ten (io) business days of
submission of the reports to the Department of Environmental, Protection. as described in
conditions WRC2 and WRC3 . The Return to Compliance Plan: shall detail a groundwater quality
monitoring i)Ian that incorporates new water level and groundwater flow information so that
compliance with MPS WR6 . 2 can be assured in groundwater at the downgradient property
boundary.
WRCS . Prior to issuance of a Building Permit by the Town of Brewster, and prior to issuance of
a Preliminary Certificate of Compliance by the Commission, the Stormwater Management
Report shall be updated to include an Operations and Maintenance Plan for staff review and
approval. The Report shall be certified by a Professional Engineer licensed in the state of
Massachusetts to comply with all MPS in Regional Policy Plan Section WR7. The Operations
and Maintenance Plan shall identify the, responsible party, provide contact information, and
contain a schedule for inspections and maintenance.
WRC6 . Prior to issuance of a Building Permit by the Town of Brewster, and prior to issuance of
a Preliminary Certificate of Compliance by the Commission, the Applicant shall submit bid level
construction plans for Commission staff review and approval. The plans shall detail grading,
drainage structures and construction sequencing that ensures erosion controls that comply with
IMPS WR7. 9
WRC7. In accordance with MPS WR7. 1o , one year from completion of the stormwater
management system, a Professional Engineer shall inspect the system and submit a letter for
Commission staff review and approval certifying that the stormwater management system was
installed and functions as designed.
Wildlife and Plant Habitat Conditions
WPHC:i. In accordance with Finding WPHF2, prior to start of construction of the building's
foundation, therApplicant shall install buffer plantings;identified in four (4) areas identified as
A, B , C and D- on- theannotated plan attached as Exhibit B to this decision consistent with
Conditions LSDC1 and LSDC2 to meet the requirements of MPS WPH1. 2 and MPS WPH1 . 3 .
Open Space Conditions
OSC1. In accordance with Finding OSF4, prior to the issuance by the Town of Brewster of a
Building Permit, and prior to issuance by the Commission of a Preliminary Certificate of
Compliance, the Applicant shall provide the Commission with a conservation restriction
MP Renaissance Brewster DRI Decision
August 2, 2012 - .
Page 24 of 32
consistent with Massachusetts General Laws Chapter 184, Section 31 — 33 and accompanying
plan which provides that 12 . 8 acres identified as open space on the plan titled Open Space
Exhibit, M.P. Renaissance, o Harwich Road, Brewster, MA, dated 4/12/ 12, shall be preserved
as permanent .open space. The restriction, grantee, and site plan shall be provided for review
and approval by Commission Counsel .
OSC2 . Prior to issuance by the Town of Brewster of a Certificate of Use/Occupancy, and prior to
issuance by the Commission of a Final Certificate of Compliance, the Applicant shall provide to
the Commission proof of recording of the Commission-staff approved restriction, grantee and
plan at the Barnstable County Registry of Deeds or Registry District of the Land Court.
OSC3 . In accordance with Finding OSF7, prior to the start of construction of the building's
foundation, the Applicant shall install buffer plantings identified in four (4) areas as identified
in as A, B, C and D on the annotated plan attached as Fxhibit B to this decision consistent with
Conditions LSDC1 and LSDC2 in order to meet the requirements of MPS OS1 . 6 .
Transportation Conditions
TC1. To comply with MPS TR2 . 1 , the Applicant shall implement a trip reduction plan to
reduce new vehicle trips in and out of the site by 25 % , over what is typically expected for the land
use . Based on the increase in average daily traffic of 332 trips per day, the trip reduction
requirement for this project is 83 1332 X . 25] daily vehicle trips. The Applicant has proposed the
following trip reduction plan that will reach out to employees as well as residents of the facility:
1. Carpool/vanpool matching program;
2 . Dissemination of promotional materials to residents and employees ;
3 . . Newsletters about the programs
4. Coordination with MassRides which leases commuter vans and provides
administrative and organizational assistance;
5 . An on-site transportation coordinator will be assigned to coordinate the traffic
reduction program for-the project;
6 . The transportation coordinator will work with the Town of-Brewster, the
Massachusetts Department of Transportation (MassDOT) and the Cape Cod
Commission (CCC) to develop the elements of the traffic reduction program for
the project;
7. A shuttle service will be provided for residents of the project for transportation to
medical visits, shopping and recreational opportunities, and to provide access to
the Hyannis Transportation Center for both residents and employees . The shuttle
service will be owned and operated by the project proponent, with services
provided at no additional cost to residents and employees ; .
S . Designated parking spaces will be provided on-site for car/vanpools and
alternatively fueled vehicles ,
9 . . A guarantee&ride-home program will be provided for employees :that car/van
pool for emergencies that- may arise during the workday,
10 . All employees will be provided with information regarding available public
transportation resources, schedules, fare information, and stop/terminal
locations . This information will also be made available to residents of the pr0jecfi;
11. Direct deposit of employee payroll checks will be offered,
12 . On=site services to decrease off-site trips by employees including a lunch room
equipped with a microwave and refrigerator will be available to employees of the
MP Renaissance Brewster bRT Decision
August 2, 2012-
Page 25 of 32
project. In addition, . employees will be able to purchase prepared foods offered as
a part of the dining services available to residents ,
13 . Sidewalks and pedestrian areas will be provided within the project;
14 . Lighting will be provided within the project and around the building perimeters ;
15 . Full handicapped access will be provided within the project;
16 . The project will include provision of safe, secure, weather protected bicycle racks
and/or storage lockers . Signs will be provided at appropriate locations within the
project directing bicyclists to the bicycle storage facilities;
17. The project will provide on-site services including a common dining facility,
social and recreational activities and wellness and health care programs ;
Prior to issuance by the Commission of a Final Certificate of Compliance, and prior to issuance
by the Town of a Certificate of Use/ Occupancy, Commission staff will conduct a site visit to
confirm that the trip reduction program has been established and is in place.
TC2 . The Applicant shall, in consultation with the Cape Cod Commission and the Town of
Brewster, conduct a traffic monitoring and reporting program which will include a survey of
residents and employee participation in the Transportation Demand Management program. The
traffic .monitoring program will include measuring traffic volumes at the access points to the
project over a .continuous 7-day, week-long period and will be conducted at 12 and 24 months
after issuance by the Commission of a Final Certificate 4of Compliance and after issuance by the
Town of Brewster the Certificate of Use/Occupancy for the project. The results of the traffic
monitoring and reporting program will be provided to the Cape Cod Commission and Towi1 of
Brewster and will be used, in part, to develop additional strategies as necessary to increase and
expand the TDM program.
TC3 . Prior to issuance by the Commission of a Final Certificate of Compliance, and prior to
issuance by the Town of Brewster of a Certificate of Use/Occupancy, the Applicant. shall provide
a Fair-Share mitigation payment of $ 52 , 807 to the Barnstable County Treasurer- to be used as
detailed in MPS TR3 . 16 .
TC4 . Prior to issuance by the Commission of a Final Certificate of Compliance, and prior to
issuance by the Town of Brewster of a Certificate of Use/ Occupancy, to ensure compliance with
MPS TR1 . 6, Commission staff will conduct a site visit to confirm that no signs, vegetation, or
other visual obstructions have been placed in a manner that would create an obstruction to safe
sight distance at the site .drive.
TC5 . Prior to issuance by the Commission of a Preliminary Certificate of Compliance, and
prior to issuance by the Town of Brewster of a Building Permit, to be consistent with MPS TR
-0 . 3 , the Applicant shall obtain all necessary approvals and permitsfor site access and' egress and
submit copies to Commission staff.
TC6 . Prior to issuance by the Commission of a Final Certificate of Compliance, and prior to
issuance of by the Town of Brewster of a Certificate of Use/ Occupancy, to comply with BMP
TR2 . 16 and BMP TR2 . lg as stated in the project benefits outlined on Finding GF7, the Applicant
shall install one or more bike racks on site, and shall provide a minimum of four (4)
carpool/vanpool parking spaces to serve office staff and other users .
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 26 of 32
Hazardous Waste Management Conditions,
HWC1 . In accordance with Findings HWF4 and HWF5 , prior to issuance of a Building Permit
by the Town of Brewster, and prior to issuance of a Preliminary Certificate of Compliance by the
Commission, the Applicant shall, provided the development generates such waste, submit to
Commission staff evidence , as needed, of: (a) registration with or notification to the
Massachusetts Department of Environmental Protection as a generator of Hazardous Waste ; (b)
a written plan or protocol to manage the Hazardous Waste prior. to disposal; and (c) a signed
contract with a registered, licensed company to dispose of the Hazardous Waste have been
implemented for the project' s construction phase consistent with MPS WM1 . 5 (Compliance with
Massachusetts Hazardous Waste Regulations) .
HWC2 . In accordance with Findings RW- F4 and HWFS , prior to issuance of a Certificate of
Use/ Occupancy by the Town of Brewster, and prior to issuance of a Final Certificate of
Compliance by the Commission, the Applicant shall, provided the development generates such
.waste submit to Commission staff evidence , as needed, of: (a) registration with or notification
to the Massachusetts Department of Environmental Protection as a generator of Hazardous
Waste ; (b) a written plan or protocol to manage the Hazardous Waste prior to disposal; and (c) a
signed contract with a registered, licensed company to dispose of the Hazardous Waste have
been implemented for the operational phase consistent with MPS WM1. 5 (Compliance with
Massachusetts Hazardous Waste Regulations) .
Solid Waste Manaeement Conditions,
SWC1 . In accordance with Finding SWF1, prior to issuance of a Building Permit by the Town of
Brewster, and prior to commencement of construction/land clearing, and prior to issuance by
the Commission of a Preliminary Certificate -of Compliance, the Applicant shall submit for
Commission staff review and approval evidence that contractors have been provided with a copy
of the plans and programs outlined in a May 1'7, 2012 Memo entitled "Cape Cod Commission,
MP Renaissance, Brewster; Supplemental Submission (May z7, 2012) " which are consistent
with MPS WM2 . 1 ( Construction Waste) and MPS WM2 . 2 ( C&D Waste Plan) .
SWC2 . In accordance with Finding SWF1, prior to issuance of a Certificate of Use/ Occupancy by
the Town of Brewster, and prior to issuance by the Commission of a Final Certificate of
Compliance, the Applicant shall submit for Commission staff review and approval evidence that
the plans and programs as outlined in apart of a May 24, 2012 Memo entitled `Yarmouth
Mayflower Place Inc. ; 579 Buck Island Road; West Yarmouth Mass. 02673,o L Recycling
Areas; II. Cardboard" havebeen implemented consistent with MPS WM2 . 3 (Post Construction
Waste) .
Enerav Conditions
EC1 . In accordance with Finding EF1, the development shall adhere to the selected ENERY .
STAR National Attached Builder Option Package specifications submitted by the Applicant to
the Commission on November 14, 2011.
EC2 . ' In accordance with Finding EF1, prior to issuance of a Building Permit by the Town of
Brewster, and prior to issuance by the Commission of a Preliminary Certificate of Compliance,
the Applicant shall submit for Commission staff review and approval evidence from the project
architect confirming that Condition EC1 has been met.
EC3 . In accordance with Finding EF2 , the project shall be designed consistent with the energy
analysis submitted by the Applicant to the Commission dated November 14, 2011 which
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 27 of 32
specified a 136 kilowatt rooftop PV array, composed of 327 watt photovoltaic panels as depicted
on roof drawing A1. 03 , submitted by TAT (dated 1/ 6/12, revised 2/24/12) .
EC4 . In accordance with Finding EF2 and Condition.- EC3 , prior to issuance of a Certificate of
Use/Occupancy by the Town of Brewster, and prior to issuance by the Commission of a Final
Certificate of Compliance, the Applicant shall install the photovoltaic panels . Commission staff
must conduct a site visit to verify compliance with conditions EC3 and EC4 .
Affordable Hons7nE Conditions
AHC1. To ensure compliance with MPS AH1 . 1 (Residential Requirement) , MPS AHl . 4
( Calculation of Affordable Units) , MPS AH 1. 8 (Timing and Mix of Units) , MPS AH 1. 11
(Pricing and Rents of the Affordable Units) , and AH 1 . 12 (PermanentAffordability) ,the
Applicant shall submit for Commission staff review and approval an affordable housing
restriction and then submit a copy of the approved restriction that has been recorded at the
Barnstable County Registry of Deeds prior to issuance of a Preliminary Certificate of Compliance
by the Commission and prior to issuance of a Building Permit by the Town of Brewster.
At a m1Ti; mum, the affordable housing restriction shall contain the following requirements :
o Seven affordable assisted living one bedroom units and seven affordable
memory care studio units with affordable unit square footage sizes
apportioned in a similar proportion as those of the market rate units .
• 'Maximum household income eligibility of 8o % of the U. S . Department of
Housing and Urban Development (HUD) . area median income (AMI) ,
adjusted for household size, with income eligibility determined in accordance
with Barnstable County HOME Consortium guidelines ( 24 CFR Part 5) .
Maximum monthly rent and service charges for the affordable assisted living
one bedroom units calculated at 75 % of the income of a household at the 8o %
AMI, based upon the HUD standard of using the income of a 1. 5 person
household for a one bedroom unit. The maximum monthly rent and service
charges forthe affordable memory care studio units calculated at 75 % of the
income .of a household at the 8o % AMI, based upon the HUD standard of
using the income of a one person household for a studio unit.
The maximum rents shall be the HUD "high" HOME rents .
a The standard package for assisted living units includes the following.
A. Assisted hiving Housing Unit (one bedroom) ;
I Electric and HVAC utilities ,
C. One meal (dinner) per day;
D . Standard housekeeping services;
E: 45 minutes per day of hands-on direct care relating to life care needs- with activities of
daily living (ADL) with a nurse's assistant;
F. Standard fac ity wwide transportation (i. e . , shuttle to shopping, etc.) ;
G. Emergency call system for each residential unit,
H , Social; recreational, and health promotion activities ; and
F Access to onsite bank, hair salon,. therapy and massages, and clinic,
Not included and subject to additional costs are the following .
A. Additional meals per day;
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 28 of 32
Be Cable TV, telephone, and internet access ;
Co Apartment furnishings ;
D . Additional hands-on daily care (ADL) ;
E. Prescriptions and medications land
F. Medical or physician-oriented treatment.
® The standard package for memory care units includes the following :
A. Memory Care Housing Unit (studio that includes a sleeping area) ;
Be Electric and HVAC utilities ;
Co Three (3) meals per day,
D . Standard housekeeping services ;
E. . Nursing care as needed;
F. Hands-on direct care relating to life care needs (ADL) as needed;
G. Standard facility-wide transportation,
H . Emergency call system for each residential unit,
I. Social, recreational, and health promotion activities ; and
J. Access to onsite bank, hair salon, therapy and massages, and clinic.
Not included and subject to additional costs are the following. .
A. Cable TV, telephone, and internet access (all only as appropriate) ;
Be Apartment furnishings ;
Co Prescriptions and medications ; and
D . Additional medical or physician-oriented treatment.
AHC2 . . Prior to issuance of a Preliminary Certificate of Compliance by the Commission, and
prior to issuance of a Building Permit by the Town of Brewster, to ensure compliance with MPS
AH1. S ( Timing and Mix of Units) , the Applicant shall submit for Commission staff review and
approval construction plans and a chart that shows unit square foot sizes with a similar
proportion of affordable and market rate units among the various sized units .
AHC3 . Prior to is of a Preliminary Certificate of Compliance by the Commission, and
prior to issuance of a Building Permit by the Town of Brewster, to ensure compliance with MPS
AH 1. 9 (Size and Integration of the Affordable Units) and MPS AH 2 . 2 (Visit-ability and/or
Accessibility) , the Applicant shall submit for Commission staff review and approval construction
plans and specifications that show at least two (2) of the affordable units are handicapped .
accessible and can be lived in by handicapped persons and/or meet visit-ability standards .
AHC4. To ensure compliance with MPS AH1. 10 (I RGYSTAR requirement) , the Applicant
shall submit for Commission staff review and approval f nal construction plans and
specifications anal also submit an architect's certification that the final plans are consistent with
the ENERGY STAR National Attached Builder Option Package Specifications or submit a
preliminary Home Energy Rating System (HERS) analysis of the plans and specifications by a
certified independent HERS rating company prior to issuance of a Building Permit by the Town
of Brewster and prior to issuance of a Preliminary Certificate of Compliance by the Commission.
AHC5 . To ensure compliance with MPS AH1 . 11 (Pricing and Rents of the Affordable Units) , the
Applicant shall submit for Commission staff review and approval the final proposed rents and
service charges for all affordable units prior to issuance of a Preliminary Certificate of
Compliance by the Commission and issuance of a Building Permit by the Town of Brewster .
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 29 of 32
AHC6 . To ensure compliance with MPS AH1. 13 (Monitoring of Affordability), the Applicant
shall submit for Commission staff review and approval a proposed monitoring agent(s) and a
draft monitoring agreement and such approved monitoring agreement shall be executed with
the agreed-upon monitoring agent prior to issuance of a Preliminary Certificate of Compliance
by the Commission and prior to issuance of a Building Permit by the Town of Brewster.
AHC7. To ensure6c ompliance with MPS AH2 . 1 (Non-discrimination) and MPS AH2 . 3
(Affirmative Marketing and Tenant Selection) , the Applicant shall submit for Commission staff
review and approval an affirmative marketing and tenant selection plan that has similar
elements and is consistent with affirmative marketing and selection policies as described in the
Local Initiative Program (LIP) Affirmative Fair Housing Marketing Plan guidelines prior to
issuance of the Preliminary Certificate of Compliance by the Commission and prior to issuance
of a Building Permit by the Town of Brewster.
Community Character Conditions
Landscape Desian
LSDC1 . To ensure compliance with MPS HPCC2 . 10, prior to issuance by the Town of Brewster
of a Building Permit, and prior to issuance by the Commission of a Preliminary Certificate of
Compliance, the Applicant shall submit for Commission staff review and approval final
landscape plans with planting details that are in accordance with the draft plans sent to the
Commission by Hawk Design dated 1/6/12, revised 3/13 /12 .
LSDC2 . In accordance with Finding HPCCF6 , and to ensure compliance with MPS HPCC2 . 10,
prior to the start of construction of the building's foundation, the Applicant shall implement .
those four (4) areas identified by the number 1 ("41 ") on the landscape plan submitted by Hawk
Design dated 1/6/12, revised 3/13/12 which strengthen buffer plantings at the site perimeters
with the specified plant mix to ensure screening for abutters , during construction activities .
Specifically, the type of plants as identified on Exhibit B , or as may be modified: with prior
approval by. Commission staff, shall be installed in each of the four (4) areas identified as A, B , C
and D on the annotated plan attached to this decision as Exhibit B »
LSDC3 . In accordance with Finding HPCCF6, and to ensure compliance with MPS HPCC2 . 10,
Prior to issuance by.the Town of Brewster of a Certificate of Use/Occupancy, and prior to
issuance by the Commission of a Final Certificate of Compliance, the Applicant shall implement
the remaining portions of the landscape plan submitted by .Hawk Design dated 1/6/12; revised
3/13/12: 1
LSDC4. To ensure compliance with MPS HPCC2 . 10 , prior to issuance by the Town of Brewster
of a Building Permit; and prior to issuance by the Commission of a Preliminary Certificate of
Compliance, the Applicant shall provide for Commission staff review and approval a landscape
maintenance agreement which runs for a minimum of three (3 ) growing seasons to ensure
vegetation is properly established.
Exterior Liahtina
EXLCi.. In accordance with Finding HPCCF6, all exterior lighting for the development,
including but not limited to site, building and sign lighting shall be in conformance with MPS
HPCC2. 11: In addition, all exterior lighting4for the development shall be in conformance with
the 1/ 6/12 Landscape Plans, by Hawk Design. Sheet L6-Site Lighting Plan and Sheet L6 . 1-Site
MP Renaissance Brewster DRI Decision
August 2, 2012
Page 30 of 32
Lighting Plan Legend and with the 10 / 25/11 Site Lighting Cut Sheets and Photometric
information submitted by Attorney Singer. .
EXLC2 . In accordance with Finding HPCCF6, prior to issuance of by the Town of Brewster of a
Building Permit, and prior to issuance, by the Comrnission of a Preliminary Certificate of
Compliance, the Applicant shall submit for Commission staff review and approval information
on exterior lighting for the site and building to confirm that the design selected is consistent
with MPS HPCC2 . 11 and Technical Bulletin 95 " 001 (as amended) .
EXLC3 . If changes are made to the exterior lighting design as construction proceeds, prior to
selection and installation 'of exteriorlighting fixtures, the Applicant shall submit for Commission
staff review and approval additional exterior lighting design information sufficient to allow
Commission staff to determine if the proposed alternate fixtures are consistent with conditions
EXLC1 and EXLC2 . Alternate exterior light fixtlzres found to be consistent with condition
EXLC1 and with EXLC2 may be utilized upon written Commission staff approval.
EXLC4. In accordance with Finding HPCCF6, prior to issuance by the Town of the Certificate of
Use/ Occupancy, and prior to issuance by the Commission of the Final Certificate of Compliance,
Commission staff must conduct a site visit to verify conformance with conditions EXLC1 and
EXLC2 . If this inspection finds that the installed exterior lighting design is inconsistent with
conditions EXLC1 and/or EXLC2 , the Applicant shall make amendments and changes necessary
to bring the lighting design into compliance with conditions EXLC1 and EXLC2 . If such
adjustments are required, Commission staff must conduct a site inspection to verify the adjusted
design is consistent with conditions EXLCT and EXLC2 . Such adjustments and inspections to
the exterior lighting design shall occur prior to prior to issuance of a Final Certificate of
Compliance and prior to issuance of a Certificate of Use/Occupancy.
SEE NEXT PAGE FOR SIGNATURES
MP Renaissance Brewster DRI Decision
August 2 , 2012
Page 31 of 32
SIGNATURES
hen )ff ris,Commission Chair Date
COMMONWEALTH - OF MASSACHUSETTS
Barnstable , ss �i. S oG . 2012
Before me, the undersigned notary public personally appeared Jo17t RrC15 in his
capacity as Chairman of the Cape Cod Commission, whose name is signed on the preceding
document, and such person acknowledged to me that he signed such document voluntarily for
its stated purpose. The identity of such person was proved to me through satisfactory evidence
of identification, which was [ 1 photographic identification with signature issued by .a federal or
state governmental agency, oath or affirmation of a credible witness, or [V personal
knowledge of the undersigned.
Notary Public ff
My Commission Expires . �t
gyp, GAIL P. HANLEY
Notary Pubric
CO# WONWEALTH OF MUA95ACHUSETTS
My, cortUT11"kSit Ezpkes
SepWnbprA 2016 s
II Ilii lu IIIb, li 111 1 I101 lli
MP Renaissance Brewster DRI Decision
AugUSt 2, 2012
Page 32 of 32
A TABLE OF MATERIALS SUBMITTED FOR THE RECORD
Exhibit A
.
. ' -
te"i00
:,EXI3I . .: :.... . . . . ..:.::.A Tab . . . . : . . .
(Materials from Cape Cod Commission Date Sent
Letter, AAto AttorneyAndrew Singer (Attorney Singer) , with attachments : 1/ 6/ 12
Preliminary comments on anticipated new application Attachments : Draft
Water Resources comments dated x2 /29 / 11
Email, AA to Attorney Singer : Request for new Abutter's List x/9/12
Email, Scott Michaud (SM) 'to AA: Water Resources comments 1/12/12
( Email, AA to Attorney Singer: Additional comments on Water Resources issues 1 /12/12.
. lEmail, AAto Commission Staff: New Application filed; Seeking completeness xJx3 /x2
comments
Email, PD to AA: % Comments on application 1/x3/12 f
� Email, AA. to Attorney Singer and Kristy Senatori CKS), Gail Hanley (GH) and 1/13 /12
SM* Tentative hearing date and DRI application I
Email, AA to Jeffrey Ford: Withdrawal of MP Renaissance and receipt of re- 1/3/12
referral of project from Brewster
Letter, GH to Attorney Singer with attachment: Receipt of DRI Referral from 1/117/ 12
Brewster Attachment: Cover Memo and Referral .Form
Email, AA to KS and GH: Seeking dates for public hearing 1/17/x2
Email, PR to Attorney Singer and AA: Clarify Affordable Housing issues 1/17/ 12
Email, AA to Jeffrey Ford: New DRI application received; File Review 1/19/12
/ Email, Tabitha Harkin. (TH) .to AA: Completeness comments 1 /18/12
Email, Ryan Christenberry (RC) to AA: Completeness comments 1/19/12
Email, AA to Jeffrey Ford: New DRI application received; File Review 1/19/12
Email, AA to Jeffrey Ford: Dates/times for File Review 1/19/12
Email, AA to Glenn Cannon (GC), Heather McElroy (HM) and Leslie 1/19/i2
Richardson (LR) : Seeking completeness comments
Email, HM to AA: Completeness comments 1/19/ 12
Email, Commission Member Elizabeth Taylor to AA: Scheduling hearing and 1/19/12 .
ability to videotape at Town Hall
l Email, LR to AA: Completeness Comments - Need new staffing plan 1/20/12
Email, Paul Ruchinskas (PR) to AA: Completeness comments 1/20/12
/ Email, GC to AA: Completeness comments 1/23/i2
Email; AA to Attorney Singer: Date/time/place for public hearing 1/23/12
/ Email, Commission Member Elizabeth Taylor. to AA.: DRI timeline 1/25/12 f
Email, AA to Commission Member Taylor: Scheduling hearing and DRI 1/26/12
timeline
Email, Commission Member Taylor to AA: Scheduling hearing 1/26/12 '
Email, AA to Attorney Singer with attachment: Letter on Application 1/30/12
completeness
( Letter, AA to Attorney Singer: Letter on Application completeness 1/30/12
Email, AA to Attorney Singer: Scheduling site visit 1/30/12
MP Renaissance Brewster. DRI Decision Appendix A4
August 2 , 2012
Page Ai -of 20
( Email, AA to Commission Member Taylor: DRI timeline 1/30/12
Email, Commission Member Taylor to AA: DRI timeline . 1/30/12
Email, AA to Commission Staff: Hearing date and staff report comments due A 2/1/12
, date
Email, PR to AA: Clarification received from Attorney Singer a 2/1/12
( Email, AA to Susan Leven, Brewster Town. Planner and RS : Comments on j 2/1/12
project's consistency with Local Bylaws , LCP, DCPCs y
( Email, AA to Susan Lever! and ICS : Receipt of comments on project's 2/1/12
consistency with Local Bylaws, LCP , DCPCs
Email, AA to Commission Members on Subcommittee : Hearin date
Hearing /time
and 2/3/ 12
site visit date/time I .
Email, AA to SM and TH with attachment: Copy of plan showing turf/lawn _ 2/7/12
areas I
JEmail, SM to AA: Response to plan showing turf/lawn areas 1 2/7/12
` Email, PR to AA with attachment: Draft staff report comments 2/7/12
Email, AA to Attorney Singer: Seeldng .staffing plan and determination on 2/7/12
entity to hold proposed Conservation Restriction
Email, AA- to GC, LR, RC, TH, HM: Staff report comments due date 1 2/9/12
Email; AA to GH with attachment: Draft project description for draft Hearing 2/9/12 .
Notice
JEmail, SM to AA: Request to see draft landscaping comments 2/10/12
Email, SM to AA: Seeking 2/13/12 letter from DEP in DRI application 2/10/12 1
JEmail, LR to AA with attachment: Draft staff report comments 2/10/12
Email, RC to AA: Draft staff report comments , 2/10%12 �{
Email, SM to AA with attachments : Seeking information in DRI file 2/10/12
Attachments, 11/28/11 Letter/Memo; 11/28/11 Landscape Maintenance
Agreement; 1x/x1/11 Turf Management and Integrated Pest Management Plan
Email, AA to SM: Discusses Water Resources information in DRI file 2/13/12
Email, AA to LR: Contact Attorney Singer about MPS ED1.4 2/13/ 12
4Email, SM to AA: Seeking -draft landscaping comments 2/13/12
Email, AA to SM: Please send draft Water Resources comments 2/13/12 .
Email, AA to TR with attachment: Turf Management Plan from Attorney Singer ! 2/13/ 12
Email, SM to AA: Stormwater Management Plan 2/13/12
Email, SM to AA with attachment: Draft Water Resources comments 2/13/12
Email, IIM to TH and AA: Comments related to landscaping 2/13/12
f Email, HM to AA with attachment: Draft staff report comments 2/13/12
( Email, AA to Commission staff: Best Development Practices analysis 2/13/12
! Email, PD to AA: Community. Character BDP analysis 2/13/ 12
+ Email, RC to AA: Energy section of RPP does not have BDPs 2/13/ 12
JEmail, AAto HM: Draft Land Use comments 2/13/ 12
_ . yEmail, PR to AA: Affordable Housing BDP analysis 2/13/ 12
Email, AA to Cindy McGrath, Nutter, McClennen & Fish with attachments : 2/13/ 12
New application filed; Suggests File Review Attachments : ProjectDescrzption
from Attorney Singer a
Email, AA to Jeffrey Ford: Public hearing posted on Commission Calendar for 2/13/12
2 /2 $ /12 at 6 : oo PM at Brewster Town Hall
Email, AA to Attorney Singer: Seeking Turf Management Plan and Integrated 2/13/12
Pest Management Plan. and DEP letter
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A2 of 20
Email, AA to Attorney Singer: Request for 7 collated copies of Applicant's 2/13/ 12
materials for Subcommittee mailing
Email, HM to AA with attachment: Revised Land Use comments and Natural 2/ 14/ 12
Resources and Open Space BPD analysis
( Email, SM to AA with attachment: Water Resources BDP analysis 2/ 14/12 I
Email, Steven Tupper (ST) to F. Giles Ham (Vanasse & Associates) : Seeking 2/14/12
updated Level of Service (LOS) analysis of driveway
Email, ST to AA with attachment: Draft Transportation comments and BDP 2/14/12
analysis
( Printout, Draft Economic Development comments and BDP analysis 2/ 14/ 12
Email, AA to Jayanne Sci and Kelly Moore, Brewster Town Hall with 2/14/12
attachment: Copy of Hearing Notice and contact information for videographer
for hearing
Email, ST to F. Giles Ham and AA: Receipt of Level of Service (LOS) analysis at 2/14/12
site drive
Phone Log, AA: Telephone call/Voicemail message left for Attorney Duane 2/14/12
Landreth concerning date/time/place of public hearing and question on
information submitted as part of withdrawn project
iEmail, AA to Susan Leven, Chief Koch and Chief Moran: Reminder of hearing 2/14/ 12
date/lime/place and comments from Town welcomed
( Email, ST to GC and AA with attachments : Revised Transportation comments 2/14/12
Attachments : 2 /14/12 Memo from F. Giles Ham
( Email, AA to KS : Copy of updated comments from ST on LOS analysis 2/ 14/12 I
Email, AA to Taiee McIntyre and Anne McGuire: Attorney Singer to provide 2/16/12
collated sets of Application materials
( Email, TH to AA, HM, SM, KS, with attachment: Draft landscaping comments 2/ 16/ 12 I
I Email, SM to T I and AA: Comments on draft landscaping comments 2/16/12 I .
( Email, TH to AA and KS, with attachment: Draft landscaping comments 2/17/ 12
( Staff Report 2/21/12 I
Memo, AAto Subcommittee.with attachments : Staff Report; 1/6/12 letter on 2/21/12
application's completeness * 1/ 12/ 12 Email water resources;
1/17/12 letter from Commission Clerk on referral; 1/3o/12letter application's
completeness ; 2/1/12 Email to Susan Leven; 2/7/ 12 Email economic
development; 2/13/12 Email water resources ; 2/14/12 Email transportation;
2/14/12 Email to Susan (.even and Fire/Police Chiefs; Applicant
Information; Memo from Susan Leven, DRI Referral Form and Special Permit
Application; 2/1/12 Email from Susan Leven; and 2/14/12 Email from Chief of
Police Koch, Jr
( Email, AA to Commission Staff with attachment: Copy of staff report - 2/21/12
( Email, GC to AA, ST: Attendance at hearing 2/21/12
Letter, AA to Attorney Singer: DRI Application substantially complete 2/21/ 12 I
I Email, AA to SL, Attorney- Singer with attachmt: Copy of staff report 2/ 21/ 12 I
I Email, AA to Don Keeran, ADCC, with attachmt: Copy of staff report 2/21/12 I
( Email, AA to Cynthia McGrath, with attachmt: Copy of staff report 2/21/ 12
( Email., AA to Attorney Singer, KS, SL: Correspondence received to date 2/21/12
Email, AA to Attorney Singer, KS, SL, with attachment: Copy of comments 2/22/12
from Susan Leven and Chief Koch
( Email, AA to Chief Koch and' Chief Moran, with attachment: Copy of staff 2/23/ 12
report
Phone Log, AA: Telephone conversation with Lee Bongeolotti, an abutter, 2/23 /12
Concerning 2/28 /12 public hearing
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A3 of 20
Email., AA. to James Paul Ludwig: Vdeatapiug 2/28/ 12 public hearing 2/23/ 12
` Email, AA to Commission Member Elizabeth Taylor: Scheduling continued 2/23/ i2
(-hearing/meeting
Email, Commission Member Elizabeth Taylor to AA: Continued hearing or 2/23 / 12
meeting in Brewster
Email, AA to Commission Member Elizabeth Taylor: Scheduling continued 2/23 / 12
hearing/meeting — Seeking availability
( Email, AA to Marcy at Law Office of Michael Ford with attchmt: Copy of staff 2/23/ 12
report
Email, AA to Marcy at Law Office of Michael Ford: Sent staff report 2/23/ 12 }
( Email, AA to James Paul Ludwig: Confirm 2/28/12 public hearing date 2/23/ 12
} Email, AAto Law Office of Michael Ford: Confirm 2/28/12 hearing date 2/23/ 12 }
( Email, AAto James Paul Ludwig: Videotaping 2/28/12 public hearing . 2/24/ 12
( Email, AA to Mr. Spear: Acknowledge receipt of Email 2/ 27/ 12
( Email, TH to AA and HM : Comments on Mr. Spear's Email about landscaping 2/ 27/12 }
( Email, AA. to Attorney Singer and SL: Transmittal of Mr. Spear's comments 2/27/ 12 }
Email, AA to Attorney Singer, SL and TH : Transmittal of Tabitha Harkin's 2/27/ 12 I
comments on Mr. spear's comments
( Email, AAto Commission Staff: Copy of Attorney Singer's Email with 2/27/ 12
attachments
I
Email; AA to Subcommittee Members with attachment: Reminder of Hearing 2/27/12
and Site Visit Attachment: Mau to site visit location
Phone Lag, AA to Dwayne Landreth: Resubmission of 11/30/11 and 12/8/12 2/28/12
letters and 12 /17/12 Email from Heather Rylander
IPhone Lag, AA to Dwayne Landreth: Not able to locate 12/17/11 Email from 2/ 28/12 }
Heather Rylander
Email, AA to SM : ' Comments from NI on small wastewater plants 2/28/12
Email, AA to NI: Receipt of Email on small wastewater plants 2/28/12
-Email, AA to Attorney Singer: Forward NI Email on wastewater plants 2/28/12 }
Email, AA to NI: Please forward a - copy of Board of Health Regulation on small 2/28/ 12
wastewater treatment plants
Email, AA to SM, TH and HM : Copy of James Gallagher's comments 2/28/12
} Email, AA to James Gallagher: Receipt of comments 2/28/12
( Chair's Sheet for Hearing Used 2/28/12 }
} PowerPoint of Staff Report for 2/28/12 Hearing { Given 2/28/12
} HearingNotice 2/28/12
Sign In Sheet 2/28/ 12 }
Minutes of Public Hearing 2/28/12 }
1Email, .AAto Kathleen O'Keefe: Receipt of Email with Heather Cestaro's 2/29/ 12
12/7/ 11 Email
} EmaiI, . AA, to Attorney Singer and SL: Heather Cestaro's 12/7/11 Email 2/29/ 12-
EmGH to Colette. Williams; Brewster Town Clerk, with attachmt:tContinued 2/29f12
Hearing Notice /Subcommittee meeting notice for 3 /13 /12
(Email, AA to Kelly Moore and Jayanne Sci, with attachments : Continued 2/29/ 12
(hearing notice and Subcommittee meeting notice for 3 /13 /12
( Email, AA to Commission staff: Note continued hearing%meeting 3/1/12
( Email, AA. to SL: Request for copy of comments from Fire Chief 3/1/12
} Email, SM to AA: In Boston ori 3/13/12 ( 3/ 1/12 }
( Email, AA to Commission staff: Draft Hearing Minutes from 2/28/12 3/1/12
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A4 of 20
Email, AA to James King, Attorney Singer and SL: Receipt of comments and 3f2J12
forward to Applicant,. Town Planner
( Email, AA to Tammi Mason : Received Board of Health regulation 3/5/ 12
Email, AA to Attorney Singer and BLF: Conference call on landscaping 3/5/12 {
Email, AA to Kathy Sheedy, Attorney Singer and SL: Received comments, and 3/5/12
transmit them to Applicant, Town
( Email, AA to Joan Burke and Marjorie Allen: Received comments 3/ 6/ 12
Email, AA to Attorney Singer and SL with attachment: Comments from Joan 3/ 6/ 12
Burke and Marjorie Allen
Email, AA to Don Keeran: Received comments 3/ 6/12
Email, AA to -Commission staff: APCC comments 3/ 6/12
Email, ST to AA, Glenn Cannon (GC) : Response to 3 / 1/12 King Email 3/ 6/ 12
Email, ST to AA, GC: Response to 2/28/ 12 Fire. Chief comments 3/ 6/12
Email, AA to Attorney Singer: King 3/1/12 Email and comments from Steven 3/ 6/ 12
' Tupper
Email, AA to SL: 2/28/ 12 Chief Moran's Email and comments from Steven 3 / 6/12
Tupper
( Email, AA to Attorney Singer: Size of Applicant's supplemental info , 3/ 6/12
(Cover Memo, AA to Subcommittee: Transmittal of 2/28/12 draft Minutes and 3/6/12
comments' to date
IEmail, AA to Jon Peters and Attorney Singer and SL: Received comments and 3/ 7/12
transmit to Attorney Singer and Susan Leven
I
Email, AA to Attorney Singer and SL: Letters from Joseph Wilk nson, Kom-n 3/7/12
and Mary E . Forge
Email, AA to Commission staff: Attorney Singer's supplemental information i 3/7/12
IEmail, TH to AA: Comments on landscaping from conference call 3/7/12
( Email, AAto Martha Cormier: Comments received 3 / 8/12 I
Email, SM to AA with attachment: Copy of Sheet GW-1 from Hydrogeologic 3 /8/12
Evaluation I I
IEmail, AA to John Ursino : Comments received ( 3/8/ 12
Email, AA to Attorney Singer, SL, with attachments: Comments from APCC on 3/8/12
3 /6 /12, and Martha Cormier and John Ursino on 3 / 8 /12
lEvaluation
Email, SM to AA with. attachment: Copy of Sheet GW-1 from Hydrogeologic 3/8/x2
Email, AA to Attorney Singer: Clarify questions on Hazardous Waste , 3/$ /12
Email, AAto Attorney Singer, SL: Comments from Peggy Benson Appleton and 3/ 8/12
Fred and Joan Daszkiewicz ,
Email, AA to Louise Hozid, Attorney Singer and SL: Comments received and 3/9/ 12
transmit to Applicant and Town
lEmail,, AAto Kent Barthelmess, Attorney Singer and SL: Comments received 3/9/ 12
and transmit to Applicant and Town
( Email, AAto Joseph Harrington: Comments received 3/9/12 I
Email,AA"to Dorothy Ellen Gross,Attorney Singer and SL: Comments received 3 /9/ 12
and transmit to Applicant and Town
Email, AA to Robert LaRoche, Attorney Singer and SL: Comments received and 3/9/12
transmit to Applicant and Town . 4"
( Email, AA to Attorney Singer, KS and JW: Scheduling next steps 3/9/12
( Email, AA to Subcommittee : Next steps 3 /9/12
( Email, AA to BNL: Any changes made to exterior lighting plans? 3/9/12 I
, ( Email, AA to Robert and Debra Bartels, Attorney Singer and SL: Comments ( 3/12/12
MP Renaissance Brewster DRI Decision
August 2 , 2012
Page A5 of 20
ireceived and transmit to Applicant and Town
( Email, AA to Bellinos, Attorney Singer and "SL: Comments received and 3/12/12
transmit to Applicant and Town !
Email, AA. to Robert McMackin, Attorney Singer and SL: Comments received 3/12/12
and transmit to Applicant and Town
Email, AAto John Bellino , Attorney Singer and SL: Comments received and 3/12/12
transmit to Applicant and Town
IEmail, .AA to Paul Gray, Attorney Singer and SL: Comments received and 3/12/12
transmit to Applicant and Town
( Email, TH to BNL, Attorney Singer and AA: Comments on landscaping I 3/12/12 I
( Email, AAto BNL, Attorney Singer, KS : New plan set received — More 3/12/12
( comments likely concerning landscape design
( Email, AAto BNL, Attorney Singer, KS anTM New plan set received — More 3/12J12
comments likely concerning landscape design (2nd Email)
( Email, AAto BNL, KS, TH and Attorney Singer: Copies of plan sets 3/12/12
( Email, AAto Cathleen Creedon, Attorney Singer, SL: Comments received and 3/12/12
transmit to Applicant and Town
Email, AA. to Rebecca Smith, Attorney Singer and SL: Comments received and 3/12/12 -
transmit to Applicant and Town I
Email, Attorney Singer and SL with attachment: Copies of letters Attachment. 3/12/12
PDF of letters from Robert & Kathleen Maligas Peter & Dorothy Ramsdell;
Martha Cormier; Stephen Bandsford & Patricia Guckian; and Martha F.
Shepherd I •
Email, AAto Barry Souder, Attorney Singer and SL: Comments received and 3/12/12
transmit to Applicant and Town
l . .Email, AAto mmission *staffwith attachment: Supplemental comments from3/12/12
er Attachment; i page Memo
( Email, GC to ST and AA: Response from Fire Chief on second access 3/12/12
( Email, ST to GC and AA: Copy of 2/28/12 comments from Chief 3/12/12
( Email, GC to ST and AA: Staff to follow up with Fire Chief 3/12/12
(Email, AAto John Rosengren, Attorney Singer and SL: Comments received 3/13/12
and transmit to Applicant and Town
Email, AA to 'Iim Joyce, Attorney Singer and SL: Comments received and 3/13/12
transmit to Applicant and Town
IEmail, AAto Rick Weeks, Attorney Singer and SL: Comments received and 3/ 13/12
transmit to Applicant and Town
Email, AAto Gaylene Bosivert, Attorney Singer and SL: Comments received 3/13/12
and transmit to Applicant and Town
Email, AAto Joan DeRosa, Attorney Sieger and SL: Comments received and 3/13/12
transmit to Applicant and Town
( Hearing Notice 3/13/12
( Subcommittee Meeting Notice (IVotheld) 3/13/12
( Chair's Sheet for Hearing (Used at hearing) Used 3/13/12
Sign In Sheet from Hearing I 3/13/12
Minutes of Continued Public Hearing I 3/13/12 I
Cover Memo, AA to Subcommittee: Transmit Staff Report, Emails, 3/13/x2 •
Correspondence, Information from Applicant, from Town and Public
( Staff Report 3/ 13/ 12
( Email, AA to Attorney Singer, SL: Copy of staff report 3/13/ 12
Email, AA to Russell Schell, KS, SM, SL, lskidmore (@comcast.net: Response to 3/13/12
Mr. Schell's comments on water resources
MP Renaissance Brewster DRI Decision ;
August 2, 2012
Page A5 of 20
Email, AA to Commission staff, w/attachment: Transmit Email from Attorney 3/13/12
Singer and attached letter from F. Giles Ham
( Email, AA to Attorney Jeffrey Ford, w/ attachment : Copy of staff- report 3/13/ 12
Email, AA to Barry Powers, Attorney Singer, SL: Comments received and 3/13 /12
transmit to Applicant and Town
4Email, AA to Elliot and Kate Gorman, Attorney Singer, SL: Comments received 3/13/12 . .
I) and transmit to Applicant and Town
Email, GH to Colette Williams , Town Clerk, w/ attachments : Notice for 3 /14/12 j
continued public hearing and Subcommittee meeting on 4 /9 /19
Email, AA to Kelly Moore and Jayanne Sci: Copy of notice for continued 3/14/12
hearing and Subcommittee meeting on 4/ 9 /12
Email, AA to Commission staff: Continued public hearing and Subcommittee 3/14/12
meeting on 4/ 9 / 12
Email, AA to Mr. and Mrs . Joseph Hamm, Attorney Singer, SL: Comments 3/13/ 12
received and transmit to Applicant and Town
Email, AA to Sheila Goggin; Attorney Singer, SL: Comments received and t3/16/12
transmit to Applicant and Town
Email, LR to Attorney Singer, AA: Schedule meeting ' on Economic 3/16/12
Development issues
Email, LR to Attorney Singer, AA: Schedule meeting on Economic 3/ 16/12
Development issues
( Email, AA to Paula Manseau with site- plan attached: Copy of site plan 3 /16/12
Email, SM to AA: Copy of Email to Paul Anderson, Brewster Water 3/22/12 1
Department, seeking confirmation of Department's position on PPWSA
Email, AA to Chief Moran, SL, Charles Sumner, William Harrison: 3/29/12 3/29/12
Comments received and second copy on Dept. letterhead?
( Email, AA to Attorney Singer, w/attach: Chief Moran's comments - 3/29/12
( Email, AA to Attorney Singer, with attach: Town Administrator's comments 3/30/12
( Email, AAto Commission staff, w/attach: Town Administrator's comments { 3/30/1.2
Email, AA to Courtney Green, Construction Journal; about project status { . 4/2/12
{ Cover Memo, AA to Subcommittee: Transmit Staff Report, Emails, 4/3 /12
Corre'spondenc'e, Information from Applicant, from Town and Public . .
lEmail, AA to Subcommittee Members Taylor, Richardson and Roy: Scheduling 4/4/ 12
additional meetings /hearings
{ Email, Subcommittee Member Taylor to AA: Coordinating dates 4/4/12 I
( Email, AAto Subcommittee Member Taylor: Coordinating dates 4/4/12 {
( Email, Subcommittee Member Taylor to AA: . Coordinating dates 4/4/12 I
( Email, AA to Subcommittee Members Taylor and Knight: Coordinating dates 4/6/12
( Email, Subcommittee Member Knight to AA: 4/ 23/ 12 date not possible 4/6/12 {
( Hearing Notice — Continued Hearing 4/9/12
( Subcommittee Meeting Notice (Not held) 4/9/12 {
( Chair's Sheet for Hearing (Used at hearing) Used 4/ 9/ 12
( Sign In Sheet from Hearing 4/ 9/12
Minutes of Continued Hearing { 4/9/12 . I
Draft Motions 4/9/12
( Email, AA to Attorney Jeffrey M. Ford: No staff report 4./9/12 {
( Email, AA to SL: Public hearing is at Cape Cod Commission . 4/9/12
1Color PowerPoint Slides, Scott Michaud: Water Resources presentation at 4/9/i2
continuedheaning (9 slides)
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A7 of 20
Email, GH to Collette Williams, Town Clerk, with attachmt: Copy of Hearing 4/10/ 12
Notice for continued hearing/Subcommittee meeting notice 1
( Email, AA to Attorney Jeffrey M . Ford: File review 4/ 11/ 12
( Email, TH to AA. Review of draft landscaping motion 4/ 12/ 12 I
: ( Email, ST to AA: Review of draft 'transportation motions 4/12/ 12 I
Email, TH to BLF and AA. Alternate choice of grass seed mix 4/17/ 12 I
Email, AAto Subcommittee : Reminder of continued .he='9 4/ 26 / 12 4/i9/12 1
IPhone Log, AA to Kelly Moore : Question for Town Planner 4/19/ 12 1
EEmail, Subcommittee member Virgilio to AA: Time constraint 4/26/ 12 4/20/ 12 1
Cover Memo, AA to. Subcommittee : Transmit draft Minutes, two 4/ 17/ 12 4/ 23/12 1
materials from Applicant and 4 /23 /12 Email from BLF
Email, AA to Subcommittee members Virgilio and Taylor: Transmit draft 4/23/1-2
Minutes, two 4 /17/12 materials from Applicant and 4 / 23 / 12 Email from BLF
Email, Subcommittee member Taylor to AA w/ attach: Comments on 4/23/ 12
landscaping and cop of Cape Cod Cooperative Extension Matrix Trees and
Shrubs for Coastal Environments
Email, AAto Subcommittee member Taylor, TH and KS : Comments on 4/23/ 12 . 1
landscaping and copy of Matrix Trees and Shrubs for Coastal Environments 1
IPhone Log, AAto Kelly Moore: Question for Town Planner 4/24/ 12 1
( Download/hard copy: Pages from Sweetwater Forest Campground website 4/ 24/ 12
IDraft Motions for MP Renaissance 4/25/12
Memo, Commission staff to Subcommittee: MP Renaissance — Minimum 4/25/12
Performance Standards that Do Not Apply (Draft) I
I Email, AA to Attorney Jeffrey M. Ford: No staff report 4/26/ 12
( Chair's Sheet for Hearing (Used at hearing) 4/26/ 12 1
ISign In Sheet from Hearing 4/26/ 12 1
( Hearing Notice (Continued Hearing) 4/26/ 12 1
ISubcommittee Meeting Notice (Not held) 4/ 26/ 12
IMinutes of Continued Hearing 4/ 26/12
( Email, AA to Attorney Singer, w/attach: Copy of Michael Gordon's comments 4/ 26/ 12 1
Email, AA to Attorney Singer, w/ attach: Approved 2/ 28/ 12 & 3/ 13/ 12 Minutes 4/26/ 12 1
and draft 4/ 9 /12 Minutes
( Email, . A to LR: Copy of Michael Gordon's comments 4/ 27/12 .
Email, GH to Collette Williams, Town Clerk, with attachmt: Copy of Hearing 4/27/ 12 1
Notice for continued hearing/Subcommittee meeting notice
IPhone Log, AA to Attorney Landreth : Update on next steps (Spoke to Kathleen) 4/27/ 12 j
( Email, AA to Attorney Landreth w/attach: Draft 4/ 26/ 12 Minutes 4/30/ 12
IFax, AAto Attorney Landreth: Draft 4/26/12 Minutes 4/30/ 12 1
IEmail, AA to Attorney Singer w/ attach: Draft .4/ 26/ 12 Minutes 4/30/ 12 I
Phone Log, AA to Attorney Landreth : Return of call from 4/ 27/12 4/30/ 12 1
Phone Log, AA to Attorney Landreth: Call to say his client may offer site visit to 4/30/ 12 1
Subcommittee at next hearing 1
( Email, ST to AA, GC, w/attach: Response to questions at 4/26 hearing 4/30/ 12 1
( Email, ST to AA, GC: Comments regarding compliance with MPS TR1. 7 4/30/12
Memo, Commission staff to Subcommittee: MP Renaissance — Minimum 5/1/12 1
Performance Standards that Do Not Apnly (Draft)
IDraft Motions for MP Renaissance 5/1/12 1
I Email, AA to BLF : Apologies for spelling his name wrong in Minutes 5/1/12 I
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A8 of 20
Email, AA to Attorney JeffreyM. Ford: No material submitted since 4/26/12 5/1/32
hearing; Draft Minutes created by staff; Staff Memo on responses to
transportation questions raised at hearing
Hearing Notice (Continued Hearing) 5/ 1/ 12
( Subcommittee Meeting Notice (Not Held) 5/1/ 12
Chair's Sheet for Hearing (Used at hearing) 5/1/ 12
Sign In Sheet from . Hearmg 5/ 1/12 .
Minutes of Continued Hearing 5/1/12 1
Email, GH to Collette Williams, Town Clerk, with attachmt: Copy of Hearing . 5/ 2/12
Notice for continued hearing on 5 /4/ 12
1Email, AA to Commission staff: Continued Hearing on 5118112 and site visit on 5/ 2/12
5 /18 /12 6 .
Email, AA to Attorney Singer, SL: Continued Hearing on 5/18/12 and site visit 5/3/12
011 ,9 /18 /12
Email, AA to Attorney Landreth: Continued Hearing on 5/18/12 and site visit . 5/3/12
On 5/18 /12
( Phone Log, AA to Attorney Landreth: Continued Hearing on 5/18/ 12 with site 5/ 3/ 12
Ivisit to view 3 locations on Sweetwater Forest Campground )
lHearing Notice (Continued Hearing) 5/4/12
lHearing. Officer Minutes (Continued Hearing) 5/4/1321
Email, GH to Collette Williams, Town Clerk; with. attachmt: Copy of Hearing 5 /8/12
Notice, continued hearing and meeting on 5 /18 /12
Email, AA to Attorney Singer w/attachmts : Fallow up to his request for Memos . 5/8/12
and correspondence .Attachments : 5/1/21 letter from Attorney Jeffrey
Ford/EPOCH; 4/30/12 staff Transportation Memo on responses to
Subcommittee questions ; 4/30 /12 staff Transportation Memo on MPS TR1.7
Phone Log, AA to Attorney Landreth: Continued Hearing on 5/18/12 with site 5/9/12
visit to view ,9 locations on Sweetwater Forest Campground
Phone Log, AA to Attorney Landreth: Continued Hearing on 5/18/12 with site 5/9[12
visit to view 3 locations on Sweetwater Forest Campground
Email, AA to Attorney Landreth w/attachment: Draft 5/1/ 21 Hearing Minutes 5/10/12
Email, AAto Attorney Singer w/attachment: Guidance on MPS WM2.1, MPS 5/11/ 12
WM2 .2 and MPS WM2 .3 for construction/post-construction — DEP website
Attachment: Copy of sample plan from LOSOS building
Email, AA to SL, Attorney Singer, KS, JW, with attachmts : Attachments : Copy 5/11/12
Of 5/ 1/12 letter from Attorney Jeffrey Ford and copy of Attorney Singer's 5/1/12
supplemental information
Ivisit
Phone Log, AA to Attorney Landreth: Continued Hearing on 5/18/12 with site 5/14/12
t to view ,9 locations on Sweetwater Forest Campground
IPhone Log, AA to Attorney Landreth: Continued Hearing on 5/ 18/12 with site 5/ 15/ 12
visit to view 3 locations on Sweetwater Forest Campground
Phone Log, AA to Attorney Landreth: Continued Hearing on 5/18112 with site 5/16112
visit to view 3 locations on Sweetwater Forest Campground
Email, SM to AA: Copy of motions for 5/18112 hearing 5/17/12
IEmaf1, AA to Attorney Singer, KS : Recycling management 5/17/12
1Hearing Notice (Continued He 5/18/12
Subcommittee Meeting Notice (Not Held) 5/18/12
Chair's Sheet for Bearing (Used at hearing) 5/18 /12
Sign In Sheet from Hearing 5/18 /12
Minutes of Continued Hearing 5/18/12
MP Renaissance Brewster DRI Decision
August 2, 2012
Page Ag of 26
( Email, AA to Attorney Singer: Copy of Mr. Gallagher's 5/18/12 Email 5/18/12
Email, GH to Collette Williams, Brewster Town Clerk, with attachment: Notice 5/18/12
for procedural only continued hearing
( Email, AA to Commission staff: Update on next. Subcommittee meeting 5/18/ 12
Email, AA to Attorney Singer, SL, w/attachmt: Copy of Joshua Zuckerman's 5/ 18/ 12
5/18 /12 fax
Email, AA to Attorney Singer, SL: Next Subcommittee meeting 5 / 18 /12
Email, AA to Attorney Landreth: Next Subcommittee meeting 5/18/12
Email, AA to GH, KS, JW: Next Subcommittee meeting 5-/18/ 12
Email, GH to AA: Scheduling Subcommittee meeting on 6/7/ 12 5/23/ 12
IEmail, KS to Attorney Singer, JW, GH : Reschedule Subcommittee meeting 5/24/ 12
scheduled for 6 /7/12 - Commission member not available
Email, KS to Attorney Singer, AA, JW, GH : New Subcommittee meeting date of 5/24/12
6 /19 /12
Email, GH to Subcommittee members, KS, JW, Jessica Rempel: Subcommittee 5/24/ 12
meeting on 6 /19 /12
( Email, KS to Attorney Singer, AA: Receipt of his Email with 5/24/12 cover 5/24/ 12
letter
{ Email, KS to Kathleen O'Keefe, Attorney Landreth's office : Receipt of letter 5/24/ 12
from Laurie Rylander
! Email; KS to Attorney Singer, SL, AA, JW w/attachment: Copy of letter from 5/24/12
Attorney Landreth's office from Laurie Rylander
Hearing Notice — Continued Hearing —Procedural Only (Close Hearing and 5/25/ 12
Record)
Email, Jessica Rempel to AA, KS : Hearing officer and draft Minutes 5/25/12
! Minutes Hearing Officer 5/25/12
Email, KS to AA: Copy of 5/30/12 Email to Attorney Cox 5/30/12
Email, Commission Member Taylor to AA: Is Subcommittee meeting still 5-/31/12
scheduled?
Phone Log, AA to Dr. Jonathan Leach; Voicemail message left for Dr. Leach 6/4/12
(Message left by Dr. Leach an 5 /24 /12)
( Email, AA to Attorney Cox: Update on project status 6/4/ 12
( Email, AA to Commission staff: New Subcommittee meeting date of 6/19/12 6/4/12
1Email, AA to Attorney Singer and SL: New Subcommittee meeting date of 6/4/12
6/ig /12 F
jEmail
AA to Attorney Landreth: New Subcommittee meeting date of 6/19/ 12 . 6/4/12 i
( Email, AA to Attorney Landreth: Clarification of Subcommittee meeting 6/5/12
Email, AA to Attorney Singer: Submissions 6/5/12
Email, AA to Attorney Jeffrey M. Ford, Attorney Michael D . Ford, KS: New 6/5/12
Subcommittee meeting date of 6/19 / 12
Memo, AA to Subcommittee with attachments : Materials for 6/19 /12 meeting 6/11/12
Attachments: Draft Minutes from 5/18/12 Hearing; From Applicant: 5/17/12
Supplemental Submission on waste management; 5/24/ 12 cover letter and
attachments : Memo of project benefits ; 5/30/12 letter from Charles Sumner, -
Brewster Town Administrator; Memo of Mayflower Place Recycling Areas
/Cardboard; 5/1/12 Exhibit A — Conditions and Design Features to Minimize
Impacts; Subdivision Plan of Land in Brewster dated 6 /15/07b Ryder &
Wilcox; Color plan/aerial photo from Kelly Engineering Group, Inc. entitled "
Overall Layout .Exhibit; From Town and other interested aarties : 5/18/12
Email from James Gallagher, Brewster's Conservation Administrator, which
also includes a 4/ 27/12 Email from Stephen Spear; 5 /18 /12 letter from Michael
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A10 Of 20
Gordon, EPOCH; 5/18/ 12 fax/letter from Joshua Zuckerman, Pleasant Bay
Nursing and Rehabilitation, 5/24/12 two-page fax/letter from Laurie" Rylander,
Sweetwater Farms (from Attorney Landreth)
Email, AA to Cynthia McGrath: Response to Email of 6/ 13/ 12 6/15/ 12
( Draft Motions for MP Renaissance: Dated 5/1/12, Revised 6/18/ 12 6/ 18/12
( Draft Revised Solid Waste Motions for MP Renaissance: 6/ 18/12 6/18 / 12
( Subcommittee Meeting Notice 6/19/12
Chair's Sheet for Meeting 6/19/12
Sign In Sheet for Meeting 6/19/12
( Subcommittee Meeting Minutes 6/19 /12
Email, GH to Collette Williams, Brewster Town Clerk, with attachment: 6/19/12
Meeting Notice for Subcommittee Meeting
Taree McIntyre to AA, JW: Forward of Email from Janice O'Connell, Assembly 6/20/12
Clerk, 4concer=g use of Assembly Chamber on 6 / 19 /12
Subcommittee Meeting Notice 6/21/12
Chair's Sheet for Meeting 6/21/12
Subcommittee Meeting Sign In Sheet 6/ 21/12
Subcommittee Meeting Minutes
Email, PR to AA: , Copy of Simpkins Residences decision as model 6/21/12
Copy, Signed Extension Agreement (to $/7/12) 6/21/12
JEmail, AA to Attorney Cox: Outcome of 6/21/12 Subcommittee meeting � 6/22/12
Email, AA to Attorney Jeffrey M. Ford: Outcome of 6/21/12 Subcommittee 6/22/12
meeting
Email, AA to Attorney Cox: Response to request for draft decision and full 6/22/12
Coln=' sion scheduled to discuss molect on 812 /12
Email, HM to AA with attachment: Draft conditions 6/22/12
( Memo , SM to AA, JW, TC : MP Renaissance (dated July 22, 2012) 6/22/12
Phone Log, AA to Attorney Landreth: Project update; date of Commission 6/25/12
meeting to consider draft decision
Memo, PR to AA with attachment: Draft conditions 6/27/12
( Email, AA to Commission member Knight: Reserve dates for Subcommittee 6/27/12
meeting
Email, ST to AA, GC with attachment: Draft conditions 6/28/12
Email, AA to Commission staff: Subcommittee meeting on 7/23/12 6/28/12
Email, AA to Subcommittee members : Subcommittee meeting on 7/ 23/12 6/ 28/12
Email, AA to Attorney Singer, KS, JW: Subcommittee meeting on 7/23/12 6/28 / 12
J Email, Commission member Roy to AA: Email backup date I 6/28/12
Email, AA to Attorneys Landreth, Ford and Cox and KS, JW: Subcommittee 6/28/12
meeting on 7/23 /12
Email, AA to Commission member .Roy: Back up date of 7/25/12 6/28/12
Email, AA to Attorney Jeffrey M. Ford: No other staff reports ; Draft decision 6/28/12
not prepared
Email, Commission member Royto AA: Confirm Subcommittee meeting 6/28 /12
Email, I. R to AA with attachment.. Draft condition 7/3/12 ,
Email, GH to Collette Williams, Brewster Town Clerk, with attachment: 7/16/12
Meeting Notice for i/23 /121
1Letter, GH to Attorney Singer w/attachment: Publishing notices 7/16/12
Email, HMtoAA: Draft revised language for conditions 7/17/12
MP Renaissance Brewster DRI Decision
August 2, 2012 P
Page A11 of 20
Memo, AA to Subcommittee : Meeting on 7/23/ 12 ; Draft decision; Draft 7/18/ 12
Minutes of 6 /19 /12 and 6 / 21/12
Email, AA to Commission Staff, w/attachmnt: Copy of Draft Decision 7/ 18/ 12
Email, AA to Attorneys Singer, Cox, Ford and Landreth and to SL: Copy of 7/ 18/ 12 1
Draft Decision and Subcommittee meeting date, time and place (7/23/12)
Email, PD to AA: Typo in Draft Decision 7/ 18/ 12
Email, AA to Attorney Singer, JW, KS, SL: Response to Attorney Singer's 7/ 19/ 12
corrections to Draft decision
( Email, AA to JW: Additional corrections from SM to draft decision
( Chair's Sheet for Meeting 7/ 23 /12
Sign In Sheet for Meeting 7/ 23/12
Subcommittee Minutes 7/ 23/12
( Email, AA to Michael Gradone, Attorney Singer, SL: Receipt of comments 7/2.3 j12 1
( Email, AA to Greg O'Brien, Attorney Singer, SL: Receipt of comments 7/24/ 12
( Email, AA to Mary Catherine O'Brien, Attorney Singer, SL: Receipt of comment 7/ 24/ 12
( Email; AA to Bob Jones, Attorney Singer, SL: Receipt of comments 7/24/ 12
f Email, AA to Joyce Lorman, Attorney Singer, SL: Receipt of comments 7/24/12
Email, AA. to Jerry O'Brien, Attorney Singer, SL: Receipt of comments 7/24/12
Memo, AA to Commission Members ; Transmittal of information for 8/2/12 7/25/12
Commission meeting: Draft decision, Materials submitted for record i
( Memo, from AA to Subcommittee Members : Materials for 8/ 2/ 12 Commission 7/25/12
( meeting: Draft decision, Minutes, Materials for the record
Draft Decision 7/25/ 12
( Email, AA to Attorneys Singer, Cox, Ford, Landreth and Sue Leven: Copy of 7/25/12
draft Decision
( Email, AA to Cathleen Creedon, Attorney Singer, SL: Receipt of comments 7/26/12
Email, AA to Tim Joyce, Attorney Singer, SL: Receipt of comments 7/26/12
( Email; AA to Dave Otis, Attorney Singer, SL: Receipt of comments 7/26/12
( Email, AA to Joy Caporello, Attorney Singer, SL: Receipt of comments 7/26/12
Email, AA to John Eric Rosengren, Attorney Singer, SL (via Cathleen Creedon's 7/26/12
Email address): Receipt of comments -
Email, AA to Geoff Smith, Attorney Singer, SL: Receipt of comments 7/30/ 12
( Email, AA to Rick Weeks, Attorney Singer, SL: Receipt of comments 7/30/ 12
Email, AA to John and Kathy Piekarski, Attorney Singer, SL: Receipt of 7/31/ 12
comments
Email, AAto Attorney Singer and Susan Leven: Project comments from Kathy_ 7/31/12
Piekarski 6 '
Email, AA to Bob Norton, Attorney Singer, SL: Receipt of comments 7/31/12
Email, AA to Susan Norton, Attorney Singer, SL: Receipt of comments 7/31/12
Email, AA to Attorney Singer: Sent copy of comments from Kathy Piekarski 7/31/12
Copy of Power Point Presentation for 8/ 2/12 Commission meeting 7/31/ 12
IC air's Sheet for Commission Meeting 8/2/12
( Hearing Notice. (Relative to draft Decision) 8 /2/ 12
(Mcztrialsfrorn. Appticant Date Received
e
{ Email, Attorney Andrew Singer, Singer Law, representing Applicant to AA: 1j6 j12
Anticipated referral of proiect from Brewster Planning Board
Email, Attorney Singer to AA: New Abutter's List i 1/9/12
MP Renaissance Brewster DRI Decision
August 2 , 2012
Page Al2 Of 20
Email, Attorney Singer to SM and AA: Draft Water Resources narrative 1/ 9/ 12
Cover letter and attachments, Attorney Singer: DRI Application Attachments : 1/12/ 12
Table of Contents ; DRI Application Cover Sheet; Project Narrative/MPS
Analysis ; Assessor's Map of Locus ; USGS Map of Locus ; Planning Board Special
Permit Application; Certification of Local Filings 7/ 13/11 Letter to
Massachusetts Historical Commission; 7/ 18/11 Letter from Massachusetts
: Historical Commission; List of Applicant's Project Team 1/3 /12 Abutter's List;
Deed; 1/5/12 Transportation Memo from F. Giles Ham, PE, Vanasse &
Associates , Inc. ; 11/28 /11 Stormwater Operations and Management Plan; Color
Rendering of View from Route 124 ; 1/4/12 Color Open Space Plan; 1/ 6/ 12 Site .
Development Plans ( Sheets 1 — Cover Page, 2 — Existing Conditions Plan, 3 =
Overall Site Plan, 4 — Layout Plan, 5 —Grading & Drainage Plan, 6- Utility Plan,
7-Details Sheet; 8 — Details Sheet, llx 17 and large size) ; 1/ 6/ 12 Landscape
Plans (Sheets L1 — Reference Plan, L2-South East Planting Plan, 1,3-North East
Planting Plan; L4-South West Planting Plan; 1,5-North West Planting Plan, L6-
Site Lighting Plan, L6 . 1-Site Lighting Plan Legend, D1-Plant List and Details ,
D2-Planting Notes ; 11x17 and large size) ; 1/ 6/12 Interior and Exterior
Architectural Drawings (Sheets To . o1 — Cover Sheet, A1. 00 — Ground Floor
Plan, A1. o1 — First Floor Plan, A1. 02 — Second Floor Plan, Ai. 03 — Roof Plan,
A4. o1 to A4. 04 — Exterior Elevations, A5 . o1 — Building Sections ; 11x17 and
large size) ; August 31, 2oi1 Natural Resources Inventory with Wetland .
Resource Evaluation; February 2011 Environmental Site Assessment; June 2011
Hydrogeologic Evaluation; Septic O &M Plans 9 / 28/ 11 and 10/21/11 Hazardous
Waste and Solid Waste Memoranda; July 2001 Traffic Impact and Access
Study/Analysis ; July 2011 Economic and Fiscal Analysis ; Materials Board;
i/ 6/12 Stormwater Management Report; 10/ 25/12 Exterior Lighting Fixture
Cut Sheets 1
Email, Attorney Singer to AA: DRI Application hand delivered 1/12/12
Email, Attorney Singer to AA, Jessica Wielg is (JW), GH and KS : Sche_ duling of 1/ 13/ 12
public hearing
Email, Attorney Singer to AA, JW, Susan Leven (SL), GH, KS : Scheduling of 1/ 13 /12 1
public hearing — Applicant away
Email, Attorney Singer to AA, SL, KS , GH, JW: Scheduling public hearing 1/ 13/ 12 j
Email, Attorney Singer to PR: Will respond to Affordable Housing questions 1/18/ 12
Email, Attorney Singer to AA Confirm location for public hearing 1/23/12 1
Email, Attorney Singer to AA: Site visit time 1/23/ 12 1
Email with attachments, Attorney Singer to AA; KS : Copy of Application Cover 1/27/ 12
Letter and 7/ 1/ 11 Letter from Brewster Water Department
Email, Attorney Singer to AA, KS : Lighting information — Applicant is using 1/27/ 12
October 2.9 , 2011 fixtures /cut sheets {
Email, Attorney Singer to PR, AA: Responses to Affordable Housing questions 1/30/ 12 I
Email, Attorney Singer to AA, SL: Hazardous and Solid Waste responses and 1/30 / 12 1
will check on entity to hold Conservation Restriction (CR) 1
Email, Attorney Singer to AA, KS : Confirm' site visit time/meeting place 1/30/ 12
Email, Attorney Singer to AA, with attachment: Turf Area Plan 2/7/12
Email, Attorney Singer to AA, KS, LR with attachment: Revised Staffing and 2/7/12 1
Wage Compensation Matrix and entity to hold CR not finalized
Email, with attachments, Attorney Singer to AA, SM, KS : Turf Management 2/13/ 12
and Integrated Pest Management Plan and 9J13/11 Letter from DEP on
wastewater treatment system
Email, F. Giles Ham., Vanasse & Associates, to ST and AA: Acknowledges 2/14/ 12
receipt of request for updated LOS analysis at site drive
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A13 of 20
Email, F. Giles Ham to ST and AA, with attachmt: Memo on LCIS analysis at 2/14/12
site drive
Email, Attorney Singer to AA, with attachmt: Management of fluorescent bulbs 2/15/ 12
and will provide 7 sets of materials for mailing Attachment: Town of I
.
Yarmouth License to Mayflower Place, Inc. at 579 Buck Island Road, West
Yarmouth for Handling and Storage Toxic or Hazardous Materials
Email, Attorney Singer to AA, SL: Request for correspondence received and use 2/21/12
of commission computer to project plans on screen
� Email, Attorney Singer to AA, SL, KS : Confirm site visit and request for copies 2/21/ 12
of Emails from SL and Chief Koch
Email, Attorney Singer to AA, KS, SL:. Confirm receipt of Emails 2/22/ 12
Email, Attorney Singer to AA, SL, with attachments : Comments on Staff Report 2/ 27/12
and additional information Attachments : Architect's 2/24/12 letter on
compliance with Energy requirements ; Revised Roof Plan (Sheet A1 . 03
revised 2/24/ 12 — Skylights and solar PV) ; Stormwater Operations and
Maintenance Plan; Letter, Whitten Landscaping to Applicant dated 11/28 / 11)
Copy of Materials Used at Hearing, Attorney Singer and Applicant's Project 2/28/12
Team: Calor aerial photo with development superimposed; Color Illztstative
Site Plan by Hawk Design; Color rendering View from Route 124 by TAT
1/6/12; Color rendering Front'Elevation/Commons by TAT 8/31/11; Color
rendering Side Elevation : Res.Bd. & Care Wing by TAT 8/31/11; Proposed
First Floor Plan by TAT 1/6/12 ; Proposed First Floor PIan by TAT 11/17/11
(from prior project) ; Color Materials Board by TAT 11/17/11
I Email, Bennett N. LaFrance (BLF), Hawk Design, Inc. to AA: Scheduling 3/5/12
conference call on landscaping
Email, BNL, to AA and TH : Conference -ca11 3/5/12
! Email, Attorney Signer to AA: Preparing supplemental information 3/ 6/12
( Email, Attorney Singer to AA, ST, F . Giles Ham: Comments from Mr. King 3 /6/12 .
Email, Attorney Singer to AA: Size of supplemental information 3/ 6/12
Email, Attorney Singer to AA, SL, Charles Sumner, Brewster Town 3/7/72
Administrator, with Attachments : Supplemental submission Attachments:
3/7/12 Memo on response to comments (x pg) ; 3/7/12 Memo on Landscaping,
Nitrogen Loading, Water Quality /Use & Construction (4 pgs)
Email, BNL to AA with attachments : Revised plan for Northwest buffer and 3/9/12
new plant list
Email, BNL to AA: No changes made to exterior lighting plans 3/9/12
Email, BNL to AA andIH with attachments : Revised landscape plan set 3/ 9/ 12
(Sheets L1 — Reference Plan, L2-South East Planting Plan, L3-North East
Planting Plan, L4-South West Planting Plan, L5-North West Planting Plan, L6-
Site Lighting Plan, L6. 1-Site Lighting Plan Legend, L7-Turf Area Plan; D1-Plant
List and Details, D2-Planting Notes)
Email, BNL to AA, .TH and Attorney Singer: Changes to landscaping 3/ 12/ 12
Email, BNL to TH, AA and Attorney Singer with attachments : Revised 3/ 12/ 12
landscape plan set (Sheets L1 — Reference Plan, L2-South East Planting Plan,
L3-North East Planting Plan, L4-South West Planting Plan, L5-North West
Planting Plan, L6-Site Lighting Plan, L6 .1-Site Lighting Plan Legend, L7-Turf
Area Plan; D1-Plant List and Details, D2-Planting, Notes)
Email, BNL to AA, KS, Attorney Singer: Copies of revised plan sets 3/12/12
Email, Attorney Singer to AA, SL, Charles Sumner, KS with attachment: 3/12/12
Additional comments Attachment: Supplemental Memo
1Packet of Site Landscape Plans; by Hawk Design, 11x17 inch set (Sheets L1 — 3/ 13/12
Reference Plan, L2-South East Planting Plan, L3-North East Planting Plan, L4-
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A14 of 20
South West Planting Plan, LS-North West Planting Plan, L6-Site Lighting Plan,
L6 . 1-Site Lighting Plan Legend, L7-Turf Area Plan; Di.-Plant List and Details ,
I)2-Planting Notes)
Email, Attorney Singer to Email, Attorney Singer to AA, SL, Charles Sumner, , 3/13/ 12
KS with attachment: Additional comments Attachment; Supplemental Memo
(3 /x3 /12) from F. Gres Ham, Vanasse & Assoc.
Email; Attorney Singer to Leslie Richardson (LR), AA, KS , SL and. Charles 43/i5/12
Sumner: Fallow up on hearing
Email, Attorney Singer to LS, AA and Clyde Barrow: Meeting on Economic 3/16/12 .
Development issues i
Email, Attorney Singer to AA, LR: Will provide clean copy of HVA report on 3/22/12
Economic Development i
Email, Attorney Singer to AA: Will provide 6 copies of supplemental 3 /29/12
information
Letter, Attorney Singer with attachments : Supplemental information 3/30/12 .
Attachments: Cover Mesio with Exhibits AF; color photo with development
superimposed by Kelly Engineering Group; Copy of&Health Care Valuation
Advisors , Inc. study (dated 2 /18 /11)
j Email, BLF to TH, AA and Attorney Singer: Grass seed mix 4/13 /12
( Email, BLF to James Gallagher, Brewster Conservation Administrator, Attorney ; 4/ 13 /12
Singer and AA: Grass seed mix
Email, BLF to TH, Attorney Singer and AA: Revised grass seed mix 4/ 17/12
Cover Memo, Attorney Singer, w/attachmt: Additional open space areas i 4/ 17/12
Attachment: Color map, Open Space Exhibit, Kelley Engineering Group, dated
4/x2 /12
Email, BLF Attorney Singer, AA and Town: Proposed grass seed mix 4/23/12
( Email, Attorney Singer to AA. Copy of Michael Gordon's testimony 4/ 26/ 12
Email, BLF to AA: Must correct spelling of his name in Minutes 4/30/ 3,2
Memo, Attorney Singer, Supplemental Information: ExhibitA — Conditions 6/1/12
and Design Features to Minimize Impacts (2 pgs) ; Mayflower Place Nursing
Home information on medicine and sharps management (9 pgs)
( Two 11 x 17 color aerial photos : Overall Layout Exhibit .and Neighborhood ' 6/1/12
Exhibit by Kelly Engineering Group, Inc. '
Statement of Clyde W. Barrow, PhD and Attachmts : MassHousing — 6/1/ 12
ElderChoicejMarket Feasibility Study Requirements; MassHousing
EZderChoice/ Commitment Stage of Application; Strategic Performance
Group, LLC — How to Conduct a Feasibility Study; Triangle Point — Senior
Housing; Langworthy Company — Adult Senior Living Market Feasibility
Studg; Haddock & Associates, Inc.- Assisted Livinq Market Feasibilitc/ Studies .
Email', Attorney Singer to AA: Receipt of Email on 5/18/12 hearing and site 6/3/12
visit: Will attend
( Email, Attorney Singer to AA: Request for staff Memos and any new 6/ 8/12
correspondence
Email, Attorney Singer to AA: Receipt of Email as follow up to his request for 5/ 8/12
staff Memos and any new correspondence
- JEmail, Attorney Singer to AA: Memo on C&D *waste to come 5/17/12
Email, Attorney Singer to AA: Response to 5/17/12 Email on recycling 6/17/12 .
( Memo, Attorney Singer: Project Benefits 5/18/12
jEmail, Attorney Singer: . Receipt of Email on next Subcom. Meeting 5/20/ 12
` Email, Attorney Singer to KS, AA, JW, GH: Scheduling. Subcommittee meeting 5/24/12
sooner than 6 /7/12
� M17 inch color plan/aerial photo of site and surroundings with distances to 5/ 24/ 12 }
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A15 of 20
( certain things shown (2 copies), from Kelley Engineering Group Inc. entitled
Overall LayoutExhibit
Cover letter, Attorney Singer, with Attachmts : 1 pg Memo on Project Benefits ; 5/ 24/ 12
3/30/12 letter from Brewster Town Administrator; 5/1/12 Exhibit A:
Conditions and Design Features to Minimize Impacts (2 pgs) ; MayFlower Place
— Recycling: Recycling Areas and Cardboard (1 pg) ; Subdivision Plan of Land in
Brewster, Ryder & Wilcox, Surveyors, 6/15/07 (1 pg) ; 8 .5x11. o inch color
plan/aerial photo of site and surroundings with distances to certain things
shown from Kelley Engineering Group Inc. entitled Overall Layout Exhibit
Email, Attorney Singer, to KS, GH, JW, AA, SL, Lisa Perry, with attachments : 5/24/ 12
5 /24/12 cover letter without additional attachments
Email, Attorney Singer to AA, KS : Any new submissions ?- 6/5/12
Email, Attorney Singer to AA, JW, KS : Confirm 7/23/12 Subcommittee date. 6/28/ 12
Welcome opportunity to review draft decision.
Email, Attorney Singer to AA, KS, JW: Copies for mailing. Welcome 7/ 12/ 12
opportunity to review draft decision:
Email, Attorney Singer to AN SL: Technical revisions to draft decision 7/19/12
( Email, Attorney Singer to AA: Seeking the Email from Kathy Piekarski 7/31/12
Materials from.PublicAgencies Date Received
Cover Letter and attachments, Susan Leven (SL), Brewster Town Planner. DRI 1/12/12
Referral Attachments : Planning Board Special Permit Application and
Checklist
Email, SL to AA: Comments on project's consistency with Local Bylaws, LCP, 2/1/12
DCPCs
Email, Kelly Moore, Brewster, to AA, Jayanne Sci and James Paul Ludwig: 2/14/ 12
Seeking copy of Hearing Notice and providing contact information for
videographer for hearing
Email-, Chief of Police Richard J. Koch Jr, to AA: Response to inquiry about 2/14/ 12 l
comments on project. Concerns addressed by moving driveway
Email, Nancy Ice (NI) , Health Director, to AA: Compliance with Brewster 2/28/12
Board of Health Regulation — small wastewater treatment plant
Email, NI to AA: Request to staff to forward copy of Board of Health 2/ 28/ 12 I
Regulation on small wastewater treatment plant
Fax, Tauri Mason, Brewster Health Department to AA: copy of Board of Health 2/28 j12
Regulation on small wastewater treatment plant
( Email, James Gallagher, Brewster Conservation Administrator, to AA: 2/28/12
Comments on proposed landscaping
( Email, SL to AA: Will send comments from Fire Chief 3/1/12
f Email, SL to AA: Comments from Fire Chief Moran . 3/3/ 12
( Email, Tammi Mason, Senior DepartmentAssistant, Health Department: 3/5/ 12
Confirna-sent regulation on small wastewater treatment plants
Email, Fire Chief Moran, to AA, Charles Sumner, William Harrison, and SL w/ 3/29/ 12
attachment: Project comments
Email, Fire Chief Moran, to AA: Will send letterhead of comments 3/29/12 i
IEmail, Charles Sumner, Town Administrator, to AA, w/attach: Letter in 3/30/12
support of project !
( Email, Fire Chief Moran: Project -comments (also by Email 3/29/12) 4/2/12
1Letter, Charles Sumner, Town Administrator, to AA: Letter in support of 4/3/12
prolect (also by Email 3 /30 /12)
Email, SL to AA: Confirming location of continued hearing 4/ 9/12:
Email, James Gallagher, Brewster Conservation Administrator, to BLF: 4/ 23/ 12
Comments on proposed landscaping and grass seed mix
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A16 of 20
Email, SL to AA: Confirm that project will require Special Permit for use, Site 4/24/12
Plan Special Permit and height variance (current configuration)
Email, SL to AA. Response to site visit on 5/18/ 12 : Will attend 5/3/12
Email,, SL to AA: Request for letter from 5/1/12 Attorney Ford and Attorney 5/11/12
Singer's 5 /1/21 supplemental information
Email, SL to AA: Acknowledge receipt of 5/1/12 information 5/11/12
Email, James Gallagher, Brewster Conservation Administrator, to AA. 5/18/12
Comments on landscaping (With 4 /27/12 Email from Stephen Spear)
Email, SL to AA, KS, JW, Attorney Singer: Not able to attend 6/7/ x2 5/ 21/ 12
Subcommittee meeting F �.
Email, Janice O' Connell, Assembly Clerk: Assembly Chamber available on 5/ 24/ 12
6 /7/12 if needed
ISL to AA, Attorney Singer, KS, JW. Will Town have a chance to see draft 6/28/12
decision?
!Materials from General Public Date Received
Email, Attorney Jeffrey Ford, Law Office of Michael Ford, to AA: Status of j 1/13 /12.
protect filing
Email, Attorney Jeffrey Ford, to AA: Scheduling public hearings 1/25/12
Email, Cindy McGrath, Nutter, MCClenn.en & Fish : Seeking copy of Application 2/10/12
and plans .
Email, Cindy McGrath: Receipt of Email with Project Description 2/13/12
( Email, James Paul Ludwig, to AA and Kelly Moore, Brewster: Videotaping 2/14/12
2 /28 /12 public hearing
( Email, Don Keeran, Assistant Director, Association to Preserve Cape Cod 2/21/12
(ADCC), to AA: Request for copy of staff report
i Email, Cindy McGrath, to AA: Request for copy of staff report 2/21/12
Email, Don Keei an to AA: Receipt of staff report — No hard copy needed 2/21/12
Email, Law Office of Michael Ford, to AA: Request for staff report 2/23/12 .
Email, Marcy at Law Office of Michael Ford, to AA: Request staff report 2/23/12
Email, Marcy at Law Office of Michael Ford, to AA: Got staff report 2/23/12
Email, Law Office of Michael Ford: Confirm correct date of hearing 2/23/12
Email, James Paul Ludwig, to AA: Videotaping 2 j28/x2. public hearing 2j24/12
Email, Stephen Spear, Abutter: Ownership of an abutter property re: Assessor's '
2/24/12
data and comments on proposed landscaping
Letter, Attorney Dwayne Landreth, with attachments, dated 11/ 3o/ii and 2/ 28/12
resubmitted Attachments . Exhibit x : Towering Oaks Title Problems ; Exhibit
2 : Open Space Exhibit from Kelly Engineering to/13/ 11; Exhibit 3 : Sheet 1-
Land Registration Plan 34493A and Sheet 2-34493A, Exhibit 4 : Land
Registration Plan 36513A; Exhibit 5 : Land Registration Plan 36513B ; Exhibit 6:
Laud Registration Plan 36513D; Exhibit 7: Decision of the Planning Board of
Brewster 8/22 /07
I Letter, Attorney Dwayne Landreth, dated 12/ 8/ 11 and resubmitted 2/28/12
Written Comments, Larry Gerber, President/CEO of EPOCH, 4 pages with 2/28/12
attachments Att•achments: . Color map of Cape Cod with site indicated; 2/27/12
cover letter from Alice Katz, President, The Vfnca Group LLC, 8 Exiu'bits; 1
color map showing site and 7 mile radius ; map key; g pages of tables fiom
Nielsen.
Email, Kathleen O'Keefe, Attorney Landreth's Office to AA: Transmit copy of 2/29/12
12/7/n Email from Heather Cestaro
Email, James King: Project comments 3/2/12 -
Letter, James S . Mamary, Sr, President/CEO, The Royal Health Group (2 3/2/12
MP Renaissance Brewster DRI Decision
August 2, 2012
Page Axl of 20
( copies)
( Email, Kathy Sheedy: Project comments 3/5/12
IEmail, Joan Burke and Marjorie Allen: Project comments 3/5/12
EEmail, Kathy Sheedy: Confirm receipt of comments; Use of red text 3/5/12
ILetter, Peggy Bordewieck: Project comments (undated) ! 3/6/12 I
IEmail, Don Keeran, ADCC, to AA with attachment: 3 /5/12 comments letter. I 3/ 6/12
IEmail, Jon Peters : Project comments 3/7/12
ILetter, Mary Elizabeth Forge : Project comments . (dated 3/4/2) 3 /7/12
fLetter, Edward and Laureen Kmon: Project comments (undated) 3/7/2
Letter, Joseph Wilkinson: Project comments (dated 3 /5/12) 3 /7/12
Letter, Penny Benson Appleton: Project comments (dated 12/7/ 11 and 3/8/12
2 /28 /12) `
ILetter, , Fred and Joan Daszkiewicz: Project comments (undated) 3/8/12
_ Email, Martha Cormier: Project comments (undated) 3/8/12 I
JEmai7, John Ursino, with attachment: Project comments 3/8/12
IEmail, Louise Hozid and Allen Brown: Project comments 3/8/12
( Email, Joann and Dent Barthelmess : Project comments 3/8/12
ILetter, Joan Burke and Marjorie Allen: Copy of 3 /5/12 Email 3/9/12 I
( Email, Joseph Harrington; Project comments 3/9/12
( Email, Dorothy Ellen Gross : Project comments 3/9/12
IEmail, Robert LaRoche : Project comments 3/9/12
Email, Robert and Debra Bartels : Project comments (dated 3/12/11) 3/9/12
( Email, John Bellino ; Project comments from Claire Bellino 3/10/ 12 I
IEmail, John Bellino : Additional comments from Claire Bellino 3/10/ 12
Email, Joann and Rent Barthel nesse Thanks for acknoWledging receipt of their 3/10/12
comments
( Email, Bob and Diane McMackin: Project comments 3/11/ 12 I
IEmail, JohnBellino : Project comments ( 3/11/1.2 I
IEmail, Paul Gray: Project comments 3/12/ 12
ILetter, Robert and Kathleen Maliga; Project comments (dated 3/7/12) 3/12/ 12
ILetter, Peter and Dorothy Ramsdell: Project comments (dated 3/8/12) 3/12/ 12 ( .
Letter, Stephen Bandsford & Patricia Guckian; Project comments (dated 3/12/1.2
3 /9 /12)
Letter, Martha Cormier: Project comments (dated 3 /7/12) 3/12/ 1.2
Letter, Marilyn F. Shepherd: Project comments (dated 3/9/12) 3/12/ 12 .
Email, Cathleen Creedon: . Project comments 3/12/ 12 I
Email, Rebecca Smith: Project comments , signed by Geoff Smith 3/12/ 12 I
( Email, Barry Souder; Project comments 3/12/ 12
IEmail, John Eric Rosengren; Project comments . 3/12/ 12
( Email, Tim Joyce: Project comments 3/12/ 12 I
( Email, Gaylene Bosivert; Project comments 3/12/ 12 I
IEmail, Rich Weeks ; Project comments 3 /12/ 12 I
( Email, Russell Schell ' Questions on water resources issues 3/12/ 12
( Email, Joan DeRosa: Project comments 3/12/ 12
( Email, Attorney Jeffrey M . Ford, to AA: Request for staff report I 03/13/ 12
MP Renaissance Brewster DRi Decision
August 2, 20112
Page A18 of 20
( Letter, Joshua Zuckerman , to Elizabeth Taylor: Project comments 3/13/12
( Email, Barry Powers : Project comments . 3 /13 /12
( Email, Elliot and Kate Gorman : Project comments 3/13/12
ILetter, John Arazosa, Phyllis Coons, and Kevin Kelly: Project comments 3 /14/12 � .
( Email, Mr. and Mrs . Joseph Hamm: Project comments 3/ 14/12
ILetter, Carmen Garrett: Project comments 3 / 15/ 12 1
( Email, Sheila Goggin: Project comments 3/15 / 12
Email, Paula Manseau: Receipt of site plan from AA 3/17/ 12
( Email, Courtney Green, Construction Journal : Project status 3 / 30/12
I Eniail, Attorney Jeffrey M . Ford, to AA: Request for staff report 4/ 9 /12
I Email, Attorney Jeffrey M . Ford, to AA: Request file review 4/ 11/12
( Email, Attorney Jeffrey. M. Ford, to AA: Confirm time for file. review 4/ 11/ 12
( Email, Attorney Jeffrey M. Ford, to AA: Request for staff report 4/26/12
IWritten Comments, Michael Gordon, VP of Planning & Development, EPOCH 4/ 26/ 12
(2 pgs)
Email, Attorney Jeffrey M . Ford, 'to AA: Request for materials submitted to the 4/30/ 12 1
MP Renaissance file since 4 / 26/ 12 and staff report
IOne (1) Video DVD (From James Rylander) 1 1 5/ 1/12
I One color postcard of The Secret Pardon, Appaloosa Stallion 5/1/ 12
I One blow up of a Campground brochure on Foamcore (Copied to reduced size) 5/1/12
IOne large format Brewster parcel map showing distances 5/ 1/12 � .
Irochure from The Royal at Harwich Village 5/ 1/12
I Letter, Attorney Michael D . Ford to AA: Economic benefits/detriments 5/1/12
Email, Attorney Landreth to AA: Thanks for Email concerning continued 5/3/ 12 l
hearing/site visit on 5 / 18 / 12
I Letter, Michael Gordon, EPOCH (From Attorney Ford) 5/1-8/12
Fax, Joshua Zuckerman, Pleasant Bay Nursing/Rehabilitation, project 5/18/ 12
comments
Fax, Attorney Landreth's office, with attachment: Letter from Laurie Rylander 5/24/ 12 I .
(2 pgs) I
Email, Kathleen O'Keefe, Attorney Landreth's office, to KS, with attachment: 5/24/ 12
Letter from Laurie Rylander (2 pgs)
Letter, Laurie Rylander, Sweetwater Farms (2 pgs) (also received by Email on 5/29/ 12 I
5 /24/ 12) .
( Email, Attorney Cox to AA: Status of project 6/4/12
( Email, Attorney Landreth: Question on date of Subcommittee meeting 6/5/12
Email, Attorney Jeffrey M . Ford to AA: Next Subcommittee meeting 6/5/12
Email, Attorney Jeffrey M . Ford to AA and Attorney Michael D . Ford: 6/5/12 I
Acknowledge new date of Subcommittee meeting I
( Email, Cynthia McGrath, Nutter, McClennen & Fish, to AA: Staff report 6/ 13/ 12
Email, Cynthia McGrath, Nutter, McClennen & Fish, to AA: Acknowledge 6/15/12
receipt of 6 /15 / 12 Email
( Email, Attorney Cox to AA: Result of Subcommittee meeting? 6/ 22/12
( Email, Attorney Jeffrey M . Ford to AA: Status of project? 6/22/12
Email, Attorney Cox to AA: Request draft decision and date of full Commission 6/22/12 I
meeting to consider decision
( Email, Attorney Cox to AA: Acknowledge Oreceipt of response 6/ 22/12
MP Renaissance Brewster DRI Decision
August 2, 2012
Page Aig of 20
IEmail, Attorney Jeffrey M . Ford to AA: Decision prepared? Staff reports ? 6/28 /12-
IEmail, Attorney Cox to AA: Received Draft Decision .(Thank you) 7/18 /12 I
Email, Michael Gradone: Project Comments 7/23/12
IEmail, Mary Catherine O'Brien: Project Comments 7/23 /12
( Email, Greg O'Brien: Project Comments 7/23/12
IEmail, Bob Jones : Project Comments ' 7/ 24/12 I
IEmail, Joyce Lorman: Project Comments 7/24/ 12
( Email, Jerry O'Brien: Project Comments I 7/24/ 12 I
IEmail, Cathleen Creedon: Project Comments I 7/25/ 12
( Email, Tim Joyce: Project Comments 7/26/12
( Email, Dave Otis : Project Comments 7/26/12
( Email, Jay Caporello : Project Comments 7/26/12
( Email, John Eric Rosengren: Project Comments (Via Cathleen Creedon) 7/26/12
. Email, Geoff Smith : Project Comments (Via Rebecca Smith) 7/27/12
Email, Rick Weeks : Project Comments 7/ 28/ 12
( Email, Jahn Piekarski: Project Comments 7/30/ 12 .
( Email, Kathy Piekarski: Project Comments 7/30/12
IEmail, Bob Norton: Project Comments 7/31/12 I
( Email, Susan Norton: Project Comments 7/31/12
MP Renaissance Brewster DRI Decision
August 2, 2012
Page A2o of 20
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LIVIN (:1 STILLTS .
PUBLIC MEETING .
Living Street Planning Meeting
The Cape Cod Commission invites you
to attend and participate in a meeting to identify
a preferred alternative for a " Living Street ' approach
for Route 6A between Brewster and Orleans.
This meeting will include a presentation of street design best management practices,
and conceptual design plans from the Cape Cod Commission ,
addressing public comment and feedback on :
• Traffic Safety • Pedestrian and Bike Accessibility
• Historic considerations • Community Character
Tuesday, October
Beginning at 6 : 00 p . m .
Orleans Town Hall , Nauset Room
Learn more at .5
www. capecodcommission . org
eAP E C 0 D
comms r� i ° j
For Immediate Release , September 11 , 2012 �S
/%
11y4f 6R �
H CO
CO
10
��`�f�>/!11/11!lftlJllllllltltl111��1�����
Town of Brewster
2198 Main Street, Brewster, MA 02631
Phone : 508496 - 3701 ext. 1134
PRESS RELEASE
Contact :
Charles Sumner, Town Administrator
Brewster, MA 02631
Phone : (508) 896 -3701 ext . 1134
Email : csumneraa ,town . brewster . ma. us
Town of Brewster will host award ceremony for Coastal America Partnership Award
for Stony Brook Restoration Project
On September 21 , 2012 , from 1 PM to 4 PM, the Town of Brewster will host a ceremony for the Coastal
America Partnership Award to be presented to the Stony Brook Project Team and many partners . The
ceremony will be held at the Cape Cod Museum of Natural History, located at 869 Route 6A, Brewster, MA
02631 .
The award is for the Stony Brook Salt Marsh and Fish Passage Restoration Project, which also includes the
Lower Mill Pond Dam and Fish Passage Improvement Project and the Freeman ' s Pond Salt Marsh Restoration
Project. Altogether, the entire project will restore 41 acres of impaired salt marsh and 3 , 300 feet of fish passage
to 386 acres of river herring habitat in five lakes in the Stony Brook watershed in Brewster .
The Coastal America Partnership award is the only award of its kind presented by President Obama ' s
Administration for on-the - ground environmental restoration partnerships . The Coastal America Partnership is
an action-oriented, results-driven collaboration process dedicated to restoring and preserving coastal ecosystems
and addressing critical environmental issues . The Stony Brook Project Team is one of only six teams
nationwide receiving the award this year.
The Stony Brook Project Team includes Chris Miller (Brewster Natural Resources Department) ; Steve Block
and Kristen Ferry from the lead agency (National Oceanic and Atmospheric Administration ' s Restoration
Center) ; Jeremy Bell (Massachusetts Division of Ecological Restoration) ; and Dr . Jo Ann Muramoto
(Association to Preserve Cape Cod and the Massachusetts Bays Program) . Other partners include the Cape Cod
Museum of Natural History ; Brewster Alewife Committee and Herring Warden; Massachusetts Division of
Marine Fisheries ; APCC ' s Volunteer Herring Monitors and Salt Marsh Monitors ; Brewster Conservation Trust;
Brewster Chamber of Commerce ; Brewster residents ; Compact of Cape Cod Conservation Trusts ; U . S .
Department of Agriculture Natural Resource Conservation Service (MRCS ) ; Cape Cod Conservation District;
Barnstable County Coastal Resources Committee ; Massachusetts Department of Transportation ; EPA ;
Barnstable County ; U . S . Fish & Wildlife Service ; state and federal legislators ; Eddy Foundation of Brewster ;
The Dolphin Trust; Prospect Hill Foundation; and many others . Since 2005 , the Project Team has been guiding
this complex restoration project, which was one of 50 projects selected nationwide for funding from NOAA ' s
Habitat Restoration Center and the American Recovery and Reinvestment Act of 2009 (ARRA) .
This project will restore 41 acres of salt marsh and improve fish passage to five ponds that provide 386 acres of
habitat for river herring and American eel . The project has three parts : 1 ) Stony Brook Salt Marsh and Fish
Passage Restoration, completed in late 2010 , replaced an undersized tidal culvert beneath Route 6A with an 18 -
foot-wide culvert to restore 20 acres of salt marsh and improve herring access to spawning habitat ; 2 )
Freeman ' s Pond Salt Marsh Restoration which will restore 21 acres of salt marsh at Freeman ' s Pond by
replacing an undersized tidal culvert under a road with a larger culvert, scheduled to be completed by December
2012 with additional construction funding from the NRCS ' Cape Cod Water Resources Restoration Project and
ARRA; and 3 ) Lower Mill Pond Dam Reconstruction and Fish Passage Improvement Project which will
improve herring passage to spawning habitat and replace a failing dam that maintains water level in the five
ponds, scheduled to be completed by late 2012/early 2013 . Restoration benefits include expanded salt marsh,
improved fish passage for river herring and American eels , improved water quality, healthier coastal
ecosystems , and jobs that support the local economy .
"This watershed- scale restoration project would not have been possible without the support of many partners , "
said Charles Sumner, Brewster Town Administrator . "At this ceremony, we ' ll have an opportunity to thank
everyone for their valuable contributions . "
Following the award ceremony, there will be an optional field trip to one of the restoration sites covered under
this project .
- End -