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FYI ITEMS (MAIL) DECEMBER 19,2016 i A. CLC's September 2016 monthly energy efficiency report B. Conservation Commission hunting policy for 2016-2017 season C. Flyers for 2017 Annual Meeting &Trade Show D. Notice from Comcast on discontinuation of"Fox College Sports" channels. j E. Copy of notice to Karma fiom Board of Health, re; Supper Club F. November 1, 2016 Conservation Commission meeting minutes G. November 22, 2016 Conservation Commission meeting minutes 3 H. 2016 Lower Cape Community Access Television report 1. Lower Cape Community Access Television financial report year ended 12/31/15 I. Memo from Chief Moran, re; Personnel update K. Memo from Chris Miller&Mark Nelson, re; update on Pleasant Bay Watershed j Planning Process i E !I 1 i i j, 1 s 1 FYI—DECEMBER 19, 2016 Page 1 of 1 Cape Light Cape Light Compact Compact P.O. Box 427, Barnstable, MA 02630 � ®• 1.800.797.6699 I Fax: 508.362.4136 l capeligh-tcompact.org i April 4, 2016 i I E Mr. Michael Embuty Town Administrator 2198 Main Street Brewster,MA 02631 Dear Mr, Embury, Attached for your information and dissemination to your Board of Selectmen/Town Council is the Cape Light Compact's monthly Energy Efficiency Report. The Report reflects the program activity for all of Cape Cod&Martha's Vineyard and breaks out the detail on a town-by-town basis. i Below is a summary of the activity in your town for the month of September 2016. To view each of your monthly reports,please visit our website at www.caoeliRhtcomuact.orf4 and click on Reports. • 99 residents and/or businesses in Brewster participated in the program. • $47,966.09 in incentive dollars were distributed to the 128 participants. ' • 53,757 kWh were saved through implementation of these energy efficiency measures. • Through December 2015 your town has spent 193.5%of its allocated annual budget. If you have any questions on the attached report,please contact me at (508) 375-6636. a i Sincerely, ] Margaret T. DowneyU Administrator I Enclosure cc: vacant i Aquinnah 3 Barnstabte i Barnstable County I Bourne I Brewster I Chatham I Chilmark I Dennis I Dukes County I Eastham I Edgartown I Falmouth Harwich i Mashpee I Oak Bluffs I Orleans I Provincetown f Sandwich 1 Tishury I Truro I Wellileet I West Tisbury I Yarmouth i Energy Efficiency Program Activity by Town 111101163:10 Page 1 of 1 Town Name: BREWSTER Program Period: 2016 Current bates: 911/2016-9/30/2016 Cumulative bates: 11112016-9130/2016 R�sidesttial ideirf�Cw�astriars� 0.00 $0.00 0 36,798.90 $25,054.28 12 $0.00 0.00°/a Residential New Construction(Low- 0.00 $0.00 0 0.00 $0,00 Q -^ $0.00 0.000/0 Income) Residential Multi-Family Petro at 0.00 $0.00 0 107,623-10 $52,953.60 59 m`Tl mm$0.00 0.00% Residential Horne Energy Services- 33,681.40 $28,992.96 36 311,539.00 $310,111.17 215 $539,462.39 57.490/a Measures Residential Horne Energy Services-RCS 0.00 $6,130.00 26 0.00 $36,755.00 141 $71,096.21 51.70% Residential Behavi€srJFeedback Program 0.00 $0.00 0 0.00 $0.00 0 $0.00 0.00% Residential beating&Cc cling Equipment 5,784.30 $3,677.50 8 68,079.90 $41,031.50 86 $0.00 Residential Consumer,Products 2,471.00 $397.50 11 17,020.00 $2,929.97 69 $0.00 0.00% Residential Lighting 0.00 $0.00 0 786.00 $63.75 3 $0,00 0,00°/a Residential HEAT Loan 0.00 $3,366.83 8 0.00 $20,772.89 29 $0,00 0.000/0 ir;;es.c`SEgI��O�I,.,.,Y,i,. 3,..., ", ,,.� '�.C���aQ.,.,,. '9�7�`YiF3";:, .r.i...>:.r.:.,f]�YV3i." ':<.:',..�;,2{.�7� §i�'$�ii7,$E�"iz;';�;;v,' �"d7F6i4 "F'. -::•.i`.:;, t • x.. ,, y-, ,•..<,•i,:. c;....,<t�.,..<-...,.:•, r....r.,...,.>,�...:'t�t i.::....:. ....:^..::i::.,,.. _ !'� "..C.,- �7 Low-Income Singe Family Retrofit 11,820-65 $4,801,30�� � 7 68,061.77 $88,492.00 33 $115,522.84 76,60% Low-Income Multi-Family Retrnt 0.00 $0.00 0 i8,145.80 $3,644.50 . 3 $0.00 0.000/0 r,...k., yy ppyy rr ,,pp ggyy����,,qq�,yy !�ryry �;.:<,. " .�,�yyp' ,:i"<. pp ++pyyygg �9 iC �p v��♦ g..r� t� :���jy p�yy}zy } ,....;.>,:..,.r,.<,.:,...-.+p Jz��9d.fFl7,... ..,.>::•. 'Y 416YbesY ld �::'>�'<,::,'.:�,'._,si�ii3hY. `'�:Z 3i��.:\:Bt1�'X.tlb�i��':�';'�.�%.t;�>'.: �'2���:iV,e�¢9�5� ��,.:>>%,';��;:�?�.,:,:.:::'-::i.;��:�i��;t::')'�:�.C',&:�tw i&.'�i'Sx�-;::.,':.'?i?:`.,..,.. ,w,A:i�1+17:3L�1.G 7„a„7.,.,.:r,,..:.::.-::': .»',:;:.�Zi.:.':.�.,..,,:'.';:. ., .....,-.....rs•. �± _ ,.$. 3f C&I New Sfjildincgs&Major'Renovations 0.00 $5000 1 0.00 $1,180.00 2 $0.00 0.000' C&I ew.Buildings&Major Renovations- 0.00 $0.00 0 0.00 $0.00 0 $0.00 0.00% municipal, C&I Initial Purchase&End of UsefW Lase 0.00 $0.00 0 0.00 $0.00 0 $0.00 C.00% CW'Exlsting Building Retrofit-LARGE 0,00 $0.00 0 3,921.00 $1,152.04 1 $0.00 C.00% C&I Existing Building Retrofit-MEDIUM 000 $0.00 0 O.00 $000 0 $145,193.64 0.00% C&I,Existing Building Petr€af'it-municapai - -- 0-00 - $0.00 Y W_ C - 0.00 $QAO Q $0-00 0.00°1° C&I Small Business 0.00 $550.00 2 - 8,853.00 $7,155.02 6--.-.- $$5,968.20 T 8.32% C&I Multifamily Retrofit 0.00 $0.00_._.- .._... _...._.__....a ...__... -... 22,603-00 $20,113.78 5 $0.00 0.00% C&I Multifamily-Municipal 0.00 $0.00 0 0-00 $0.00 TT 0 $0.00 0.000/0 Cts Upstream Lighting 0.00 $0.00 0 468,919.73 $30,74800 28 $0.00 0.00% C ^spg�q b�9'.E:":L�:9.iY:9'R':r -•.,--.�" tt -:,Sr;:Ftr:-"F't-,�:;`L t:;fe:,,,,,^:...:.::......t.,'.,:`:�a:.::.`::...r•::�;..:':;:.,:�:�; `.:.Z::- _ S t"1�:.:. .fix,,.,,>., ,t r ...R?.; •,•r - r � _„ ., �o, .� � �,;�. �iS}tA. 8'x ;` •2�� �a�a:i- ��:�`:. .'1iY�h�:� r `a�:E•_� �'�.n�G't,r. ` L- ,�> •�, .�'y,,.er. �",�'�`�`��.`.Ys� ;Costs include those costs that has been recorded through this period and are not necessarily representative of all activity through this month All information presented is preliminary and subject to change. � ewsr TOWN OF BREWSTERF � O I ,.e.. F CONSFIV © C—OMMIE--- 2198 MAIN STREET e s, BREWSTER,MA 02631 PIIomE(508)896-3701 ExT 1235 N O V "�3 RFC'D CONSERVATION@BREWSTER-MA.GOV _ _ _ �aaf�unxu ` E�. W ;-MEN'S OFFICE Brewster Conservation Commission Policy, 2016-2047 Re: Hunting on lands under the control of the Brewster Conservation Commission The Conservation Commission has certain town owned open space lands under its care, custody and control, for the protection of open space and natural resources, As provided in the Massachusetts General Laws; Conservation Commission Act of 1957 G. L. Ch. 40: § 8C. Conservation Commission; establishment; powers and duties; and G. L Ch. 131: § 59. Reservations, parks, public lands; hunting... -the Conservation i Commission has the authority to make decisions on recreational uses such as hunting On these lands. It is the policy of the Brewster Conservation Commission each year prior to hunting season, to review the wildlife and safety information and vote on this issue. At its meeting of November 1, 2016, following review and discussion, the Conservation Commission voted to allow hunting for wild turkey and deer by archery and with primitive arms (as defined by the Massachusetts Division of Fisheries and Wildlife) in the area known as "Mother's Bog", located in southwest Brewster, west of Slough Road and east of the Brewster-Dennis town line. i For the newly acquired property (former Co elas property; Assessors Map 106, Parcels 5 & 6 and Assessors Map 107, Parcels 5 & 6; formerly Map 42, Parcels 66 & 67 and Map 47, Parcels 36 & 37) located south of Freeman's Way adjacent to the Freeman's Way Watershed land in the control of the Brewster Water Commissioners, the Conservation Commission voted to allow hunting in accordance with the Hunting Policy on Lands in the control of Brewster Water Commissioners. The Conservation Commission voted to continue its prohibition on hunting on all other lands under the management and control of the Conservation Commission for the 2015-2016 hunting season. i The only exception to this hunting prohibition is waterfowl hunting along the great ponds in these conservation areas. In accordance with MGL Ch. 131; § 45, an individual with proper licenses may hunt waterfowl in and around the great ponds. The boundary for hunting activities is 5 feet beyond the mean high water mark or elevation of the pond. For the safety of others present on the land, hunters are advised to be aware of the location of all persons, roads, dwell!ngslstructures and abutting private property in accordance with the laws governing this activity, before commencing hunting. i Cc: Natural Resource Director, Chris Miller Water Department Police Department Board of Selectmen Conservation Commission Member Signatures; ; Chairman CA WWW.TOWN,BREWSTER.MA.US � DON'T T! Keynote address by author and social influence expert Jonah Berger y Closing session with acclaimed NPR radio host Tom Ashbrook s _ Friday dinner with Hall of Famer and broadcaster Dennis Eckersley WEMO luncheon with minister and former news 114011V silo] anchor Liz Walker Entertainment by comedian and "Orange Is the New Black'star Mike Birbiglia 20 timely, information-packed workshops and 3 Emerging Issues Forums on key municipal issues y Countless opportunities to network and share ideas with peers • Trade Show with 200-plus exhibitors offering municipal solutions W ' Member group business meetings and important policy discussions Convenient Online Registration Available Now! : i i ISI Don't speakers! Get your dinner tickets today - before they sell out! Friday Night: Dennis Eckersley Hall of Fame pitcher and NESN Red Sox analyst Eckersley,one of the greatest relief pitchers in Major League history,is also known for his colorful personality in the broadcast booth. His"Eck-isms"include"cheese with hair on it" (fastball that moves across the plate),"do-drop-in"(looping curveball),and"got paint"(pitches that just touch the corner of the strike zone), Eckersley is credited with coining the term"walk-off home run." Over a 24-year pitching career,Eckersley earned 390 saves—seventh all-time—and 197 wins. Hall of Fame pitcher Rich"Goose"Gossage said of Eckersley, "He could hit a gnat in the butt with a pitch if he wanted to." Eckersley is the only Major League pitcher with at least 100 saves and 140 complete games in his career, and one of just two pitchers with a 20-win season and a 50-save season.A six-time All Star,Eckersley won the American League Most Valuable player and Cy Young awards in 1992. Saturday Night; Mike Birbiglia Comedian and "Orange Is the New Black" star Shtewsbury native Birbiglia has been called a"master of the personal,embarrassing tale"by Time magazine and a"supremely enjoyable monologist"by The New York Times.His unique storytelling style is featured in his contributions to the award-winning NPR program"'This American Life," Birbiglia can be seen in films including"Trainwreck," "The Fault in Our Stars,""Cedar Rapids," "Going the Distance,"and"Annie."He won the NEXT Audience Award at the Sundance Film Festival for"Sleepwalk With Me,"which he wrote,directed and starred in.His second foray into writing and directing is the critically acclaimed"Don't Think Twice:' His standup show"My Girlfriend's Boyfriend"was a critic's pick by The New York Times and New York Magazine and was nominated for a 2014 American Comedy Award. His latest stage show is called"Thank God for Jokes." i AM COMCAST Comcast Cable 181 Ballardvale Street,Ste 203 Wilmington,MA 01887 November 30, 2016 Board of Selectmen Town of Brewster 2198 Main Street Brewster, MA 02631 Dear Chairman and Members of the Board: As part of our ongoing commitment to keep you informed,we want to let you know that Comcast's right to continue carrying: • Fox College Sports Atlantic; • Fox College Sports Central;and • Fox College Sports Pacific (collectively referred to as "Fox College Sports") will expire on December 31, 2016. At that time, we lose authorization to continue carrying Fox College Sports signals,so we must remove the programming from our lineup on January 1, 2017. We are committed to keeping you and our customers abreast of the expiration of upcoming programming agreements. We regularly Inform our customers in their bills, and our customers and franchising authorities in our annual notices,that we maintain a website(www.xfinitytv.com/contractrenewals) and toll free number(866) 216- 8634) that are updated regularly to reflect the programming contracts that are set to expire each month and the channels we might lose the rights to continue to carry. Sincerely, Timothy Murnane,Vice President Government& Regulatory Affairs Greater Boston Region . . E V E0 j DEC 0 1 RECD SELI-.CTMIL�N''i OFI-1t;C r � I 3 i l H i 1 1 ct 96x Ware TOWN OF BREWSTER OFFICE OF 2198 MAIN STREET HEALTH DEPARTMENT s S1 BREWSTER,MA 02631 °r PHONE:(508)896-3701 EXT 1120 * — ° FAx:(508)896-4538 BRHEALTHCa BREWSTER-MA.GOV i CERTIFIED MAIL RETURN RECEIPT REQUIRED 7015 0640 0005 9933 5197 December 2, 2016 i Coree and Brian Aussant 3 E V 1031 Harwich Road Brewster,MA 02631 DET 0 2 RFC'D 3 Re: Karma"Supper Club" �z>w��` L-�'eEVVGI-ER L-LECTM!-tv'G 0FFICE Dear Mr. and Mrs. Aussant: It has come to the Health Department's attention that you recently hosted/provided a sit down dinner with entertainment at Karma, located at 2628 Main Street, referred to as Karma Supper Club. It has also come to this Department's attention you will be hosting another Karma Supper Club evening on December 17,2016. Currently, your establishment is licensed for Retail Food and Food Service for Take Out only. On November 3, 2015, the Brewster Board of Health voted to grant your permit pending compliance with the noted recommendations. Recommendation#2 stated: "The approval of this business is based upon information submitted to this office for this review. Any changes or additions to this request must be discussed with this office and any other relevant agencies or town offices prior to implementation." In the interest of public health and safety if you wish to offer these dinners your current food permit must be amended to accurately reflect the business you are conducting. Please �- contact this office to set up an appropriate time to discuss this matter. Sincerely, Sherrie McCullough Assistant Health Director Enclosure CC: Regular Mail File Board of Health Building Department WW W.TOWN.BREWSTER.MA.US s i ,481 V�F_W 0/////, 0 0 Town of Brewster �1' 1< - ""'TIER 0 J01 Health Department n Loa BREWSTER BICENTENNIAL 0 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 Ext, 1120 Loa FAY,(508) 896-8089 MEMORANDUM TO: Board of Health FROM: Sherrie McCullough, Assistant Health Director DATE: October 29, 2015 RE: Karma Brian Aussant is applying for an Annual Food Service Permit for takeout only, a Retail Food Service Permit, and a Catering Permit for his new business Karma located at 2628 Main Street. From his dedicated gluten free kitchen, Mr. Aussant will be preparing gluten free, vegan or vegetarian food items for wholesale and for retail sale. He will also offer fresh cold pressed juices, super smoothies, and fresh juiced wheatgrass shots made from wheatgrass grown on the premises. Mr. Aussant is in the process of applying for a Wholesale Permit from the Massachusetts Department of Public Health. He plans on offering his food products to local cafes, restaurants, bed and breakfasts and other retail stores in the area. In addition Mr. Aussant will offer nutrition and meal programs customized to each client's dietary restrictions, allergies, or preferences that may be picked up or delivered. Mr. Aussant intends to acquire a refrigerated truck for delivering his food product and for his catering operation. As part of his business plan Mr. Aussant will also be offering food preparation classes and workshops. Mr. Aussant has been renovating the establishment in efforts to comply with all requirements of the State and Federal Food Codes. The renovated area will be equipped with a mop sink, two hand sinks, and a three bay sink. Floors, ceilings, and walls will be finished smooth, non-absorbent, and easily cleanable, Existing equipment not in use or not functioning properly will be removed and major cleaning of the building will take place, Mr. Aussant has submitted a floor plan'as well as equipment specification sheets for numerous new pieces of equipment, The new ware washer will be a low temperature machine and will be serviced by a local company. Chlorine will be used as the primary sanitizer. Quaternary ammonium will be used in the three bay sink. Appropriate test strips will be made available. As a result of the renovations and new business a Title V septic inspection must be conducted and reviewed by this office. Mr. Aussant and his wife Coree will be the Certified Food Managers (CFM) who will oversee employee health and hygiene, cleaning, sanitation, and food handling procedures for the establishment, A copy of his certification as well as a copy of his Allergen Awareness Certification has been submitted as part of his application, A sample menu has been submitted. A final menu will need to be submitted with a Consumer Advisory and an Allergen Awareness Statement. Any menu boards will also need both statements. Based upon my review of this proposal and conversations the Mr• Aussant the proposal should be acceptable provided that all provisions of the -federal and state Food Code are being met. l would recommend -the following based upon information provided for this review: 1) Obtain a copy of the State and Federal Food Code and operate this food establishment under all applicable provisions of the code; 2) The approval of this business is based upon information submitted to this office for this review. Any changes or additions to this request must be discussed with this office and any other relevant agencies or town offices prior to implementation; 3) A Title V Septic Inspection must be conducted by a licensed professional and submitted to this office for review; 4) A final menu which includes a Consumer Advisory and an Allergen Awareness Statement shall be submitted to this office; 5) If a menu board is displayed it must have a Consumer Advisory and an Allergen Awareness Statement; 6) All foods must come from an approved source; 7) Written notification shall be submitted to this department upon issuance a Wholesale Permit; 8) All food transportation equipment must be National Sanitation Foundation (NSF) or equivalent and capable of maintaining required temperatures, hot or cold, and providing protection from contamiriation; 9) The vehicle used for transportation must be constructed, equipped, and maintained in a manner that protects all food, equipment, utensils, tableware and linen from contamination; 10) Permit shall be issued pending Board of Health approval and a final inspection. 1 i E� jE E i ii iE I f i Brewster Conservation Commission Minutes--Meeting Underr Massachusetts Genera!Law Chapter 40, Section 8C, Conservation Commission ctR EE ( V E, D Massachusetts General Law Chapter 131, Section 40, Wetlands Protection Act(WPA), 310 CMR 10.00 Regulations Massachusetts Department of Environmental Protection (MA DEP) G'f( R F Cl) (M.G.L. C.131. § 40) And TO'vVi J U1 4 f,t_.:irjJ.1 Fr-wFi Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection Bylaw (BWP Bylaw) F Wetland Regulations 1.01 —9.15 Call to Order Chairman Michael Tobin convened the Tuesday, November 1, 2016 meeting of the Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present Chairman Michael Tobin, Vice Chairman Hayley Winfield, Commissioners Bruce Evans, William Klein, Nicole Smith, Peter Wells, Natural Resources Director Chris Miller, Department Assistant Carol Spade Not Present Conservation Administrator Noelle Bramer Chairman Tobin read the following into the record: "As required by the Massachusetts Open Meeting Law, the Conservation Commission is informing the public that this meeting will be audio and video* recorded. Anyone else intending to record is required to inform the Chairman prior to the meeting." Public Hearings Requests for Determinations of Applicability John and Kathlene Berry request determinations as to whether the work—construction of an addition to an existing dwelling shown on submitted plans to be located within 40-feet of inland wetlands, and the area -are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 97 Spring Lane, Assessors' Map 48, Parcel 15(formerly 19165). The applicant requested in writing to withdraw this application without prejudice, The Commission consensually approved withdrawal of the application without prejudice. Brewster Conservation Trust requests determinations as to whether the work—creation of a foot trail through Town of Brewster and Brewster Conservation Trust property and other properties for passive observation and study, and the area-are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 0 Main Street Rear and others, Assessors' Map 78, Parcel 139(formerly 16183),77111,77113 and 77158. Summary of Applicant Testimony i Hal Minis, President, and Jeff Thibodeau, Land Acquisition and Management Specialist, Brewster Conservation Trust, attended. They described the resource area —a dense, large tree environment evolving into shrubland and near a series of bogs, and the project as contained in the Request for Determination and displayed plan*—a Children's Vernal Pool Nature Trail. The ; trail creation/expansion involves cutting some of the shrub vegetation, and the trail is to be j approximately three feet wide and near to one mile long. It will contain an on-ground small bridge structure for crossing a small ditch, as shown in the attachments of the Request for j Determination. I Brewster Conservation Commission Minutes November 1, 2016 1 The vernal pool on the trail has been certified as such by the MA Natural Heritage and Endangered Species Program (NHESP). Students will study the vernal pool wildlife, perhaps at different times of the year. They explained that the Eddy School Science Program has now partnered with MA Wellfleet Audubon in this endeavor. Summary of Staff/Conservation Commission Comments Discussion centered on clarifying that the project will require only shrub and herbaceous vegetation removal, all bridge components shall be composed of untreated or"ACQ" chemically treated wood and the trail project will permit continual maintenance cutting as vegetation grows. Summary of Public Comments The public had no comment. William Klein moved, Hayley Winfield seconded the motion to close the public hearing and issue determinations, as shown: Negative Determination 3.The work described in the Request is within the Buffer Zone,as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore,said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). 6.The area andfor work described in the Request is not subject to review and approval by Town of Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw. The Commission unanimously approved the motion. *List of documents submitted for the Request for Determination and discussed at this hearing 1. Plan Proposed Vernal Pool Children's Trail(undated) 2. Vernal Pool Children's Trail Sketch of Proposed Wood Plant Over Ditch Commissioner Nicole Smith was recused from the following hearing: Notices of Intent (Continued Hearing) Sanford and Madeline Zevon propose to install a new septic system E and well, and request a variance from the BWP By-law to demolish and rebuild an existing E single family dwelling within 50 feet of inland resource areas, and remove and rebuild beach stairs in and within 50 feet of inland resource areas, on 40 Cranview Road, E Assessors' Map 10, Parcel 66 (formerly 38174). Eligible voters: Evans, Klein,Wells,Winfield (Hearing opened October 18, 2016) The Conservation Commission continued the hearing of October 18, to allow the applicant to revise the plan, etc., as discussed at that time. Summary of Applicant Testimony E Stephanie Sequin, PE, Ryder and Wilcox, Inc. represented the applicants. Paul Zevon attended. Ms. Sequin enumerated the revisions to the plan following the hearing of October 18, which included locating the entire rebuilt building, including deck, outside of 50 feet of wetlands. During the course of discussion, Ms. Sequin stated that the applicant proposes to submit a mitigation plan if the project is approved, prior to dwelling construction. She submitted photos*of the site as it presently exists. Summary of Conservation Commission/Staff Comments ' During Commission discussion, Vice Chairman Hayley Winfield stated she believed the entire dwelling must be placed 60 feet away from wetlands, so that no on-ground disturbance occurs within the protective 50 feet buffer zone of wetlands during or after construction of the dwelling, to i F 5{� 5 Brewster Conservation Commission Minutes November 1, 2016 2 i I ensure all relevant interests (including aesthetic) as provided in the BWP By-law, are protected. She further(***again) expressed concern over the dwelling's large scale within 100 feet of wetlands. I It was the opinion of the other eligible voting Commission members that the applicant had complied with all of the Commission's concerns/requirements expressed at the hearing of ***October 18. Mr. Tobin stated he understands Ms. Winfield's concerns under the BW P By-law, that placing a dwelling deck 50 feet from wetlands would logically entail that construction activity and, following completion of the project, pedestrian activity within 50 feet of wetlands. The Commission has historically allowed only narrow pathways and/or stairways within 50 feet of wetlands leading to waterbodies, as shown on the applicant's proposed plan. The Commission consensually determined that two pine trees in the 100 foot buffer zone proposed for removal shall be replaced with four native trees or shrubs. Natural Resources Director Miller, acting as Conservation Administrator, highly recommended the Conservation Commission not approve the project until the Commission receives and approves a { professional mitigation planting plan which fully protects all applicable wetland interests. Summary of Public Comments The public had no comment. Hayley Winfield moved, William Klein seconded the motion to continue the hearing to November 22, 2016, to allow the applicant to submit a fully protective mitigation plan for the project, showing shrub/tree plants drawn from the Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service (www.capecodextension.org), list of native woody plants for inland wetland buffer zones, depicting the species, size and natural spacing of plants, in time to allow the Conservation Administrator to draft special conditions for the Commission's review. The Conservation Commission approved the motion. *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Site Plan Proposed Dwelling&On-site Sewage Treatment...40 Cranvlew Road,Ryder&Wilcox,Inc. 10126/16,Narrative,Variance Request 2. Photos,project site 3. "'Conservation Commission Minutes,October 18,2016 Nicole Smith returned to the meeting table at this time. I E (Continued Hearing) Phyllis Bursma request a variance from the BWP By-law, to nourish a coastal resource area with sand. Property is on 0 Crocker Lane, Assessors' Map 69, Parcel 3 (formerly 51204-51). Eligible voters: Evans, Klein,Smith,Wells,Winfield (Hearing opened October 18,2016) ; The Conservation Commission continued the October 18 hearing to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project. Summary of Applicant Testimony Catherine Ricks, PE, Coastal Engineering, Inc., represented the applicant. s F Ms. Ricks reviewed with the Commission, discrepancies in the Conservation Administrator's draft i special conditions. P Summary of Public Comments The public had no comment. 3 3 Brewster Conservation Commission Minutes November 1, 2016 3 I Hayley Winfield moved, Peter Wells seconded the motion to continue the hearing to November 22, 2016, to allow the Conservation Administrator time for any amendments to the draft special conditions for an Order of Conditions for the project. The Commission unanimously approved the motion. Jonathan Rosenfeld and Arlene Feldman request variances from the BWP By-law, to (demolish and) reconstruct a new, enlarged dwelling with terrace, and construct a garage and storage area and sewage disposal system less than 50 feet of both coastal and inland resource areas and within the DBP regulated 200 Riverfront Area; and to remove invasive plant species —on 902 Cedar Hill Road, Assessors Map 38, Parcel 29 (formerly 214). The project is not located on the MA Natural Heritage and Endangered Species Map*as an area of rare plant and wildlife habitat and rare wetlands wildlife. John O'Reilly, J. M. O'Reilly, Inc. and Nicholas Crawford, Jenick Studio Landscape Architecture, together with others, represented the applicants. Mr. O'Reilly described the numerous coastal and inland resource areas surrounding the entire project area, and the project as contained in the Notice of Intent, narrative, variance request and displayed plan*. He acknowledged that the proposed accessary structure constitutes a garage, additional living space and storage area. Summary of Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan*. Primary Commission discussion over the project centered on concerns over project components within 50 feet of resources, including the proposed garage with living space, in addition to proposed non-native grass areas as opposed to native woody plants. Nicole Smith requested that the garage accessory structure be moved next to the dwelling; outside of 50 feet to wetlands to the extent possible. Commissioners requested a clear depiction of the actual footprint of the existing dwelling vs, that of the proposed re-build within 50 feet of resource areas. f Mr. O'Reilly maintained that the reconstructed dwelling is essentially within the footprint of the existing dwelling, and that the garage accessory structure in the 50 foot buffer zone is proposed to be constructed over an existing gravel covered impervious surface. Summary of Staff Comments Natural Resources Director Miller believed the portion of the project containing the majority of the proposed native plant mitigation may be owned by the Town of Brewster, and requested the applicant address this legal issue. Summary of Public Comments Mr, Nevelle Frankel attended. He stated he is a near-by resident, and requested confirmation from the property owners on an issue unrelated to wetland protection. 3 Hayley Winfield moved, Nicole Smith seconded the motion to continue the hearing to November 22, 2016, to allow the applicant to address all concerns discussed at this hearing. j 1. Footprint of existing vs. proposed dwelling clearly defined on site plan. 2. Garage moved outside of 50 foot buffer zone. 3. Removal of non-native grass within 50 feet of resource areas. 4. Legal ownership of mitigation area. The Commission unanimously approved the motion. *List of documents submitted for the Notice of Intent and discussed at this hearing: j i Brewster Conservation Commission Minutes November 1, 2016 4 3 3 I 3 I. Site and Sewage Disposal System Pian,J.M.O'Reilly...102 Cedar Hill Road,10114/16,CLM Restoration Plan,Narrative,Variance Request,Land Management Pian Crawford Land Management October 13, 2016 2. Rare Species,310 CMR 10.59 Natural Heritage and Endangered Species Map as Priority Habitat under the MA Endangered Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act (WPA)regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife Commissioner Nicole Smith was recused from the following hearing: Mark L. Houghton requests variances from the BWP By-law, to (demolish and) reconstruct a new dwelling, install a coastal stairway and remove invasive plant species in and within 50 feet of coastal resource areas and in the DEP regulated 200 foot Riverfront Area-on 83 Cedar Hill Road,Assessors Map 38, Parcel 27 (formerly 2138). Notices of Intent The project is not located on the MA Natural Heritage and Endangered Species Map*as an area of rare plant and wildlife habitat and rare wetlands wildlife. Summary of Applicant Testimony David Lyttle, PLS, Ryder and Wilcox, Inc,, and Jennifer and Nicholas Crawford, Jenick Studio Landscape Architecture, represented the applicant. They described the resource areas and project as contained in the Notice of Intent, narrative, variance request and displayed plan*... Summary of Staff Comments Natural Resources Director Miller believed the portion of the project containing the proposed in- ground stairs and much of the proposed native plant mitigation may be owned by the town, and requested the applicant address this legal issue. Summary of Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan*. The Commission requested the rebuilt dwelling be reduced so that it is entirely outside of 50 feet of wetlands, with Vice Chairman Winfield requesting that the entire dwelling be placed 60 feet away from wetlands so that no on-ground disturbance occurs within the protective 50 feet buffer zone of wetlands during or after construction of the dwelling, to ensure all relevant interests (including aesthetic)as provided in the BWP By-law, are protected. Other discussion with Mr. Lyttle pertained to the Conservation Administrator's agenda comments regarding the proposed in-ground vs. an elevated stairway. Summary of Public Comments f The public had no comment. E Hayley Winfield moved, Peter Wells seconded the motion to continue the hearing to November 22, 2016, to allow the applicant to address all of the Commission's concerns. The Commission unanimously approved the motion) *List of documents submitted for the Notice of Intent and discussed at this hearing: 4. Site Plan Showing Proposed Dwelling,83 Cedar Hill Road,date Narrative,Variance Request 5. Rare Species, 310 CMR 10.59 Natural Heritage and Endangered Species Map as Priority Habitat under the MA Endangered Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act(WPA)regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife F Nicole Smith returned to the meeting table at this time. i Daniel C. and Threse c. Heintzelman request to amend Order of Conditions SE 9-1702 to revise the Land Management Plan to include management and restoration of native species i i i Brewster Conservation Commission Minutes November 1, 2016 5 i within 100 and 50 feet of wetlands, on 96 Winterhoff Trail; Assessors Map 69, Parcel 45 (formerly 517). Summary of Applicant Testimony Jennifer and Nicholas Crawford, Jenick Studio Landscape Architecture, represented the applicants. They described the resource area and project as contained in the amendment request, narrative, and displayed plan". Ms. Crawford maintained that the subject plan, consisting of a maritime forest, heathland community and grassland edge plantings, more fully protects wetland interests than the management plan approved under Order of Conditions SE 9- 1702. Summary of Conservation Commisslon/Staff Comments The Commission requested affirmation/clarification that only invasive plantings shall be removed. Summary of Public Comments The public had no comment. Hayley Winfield moved, William Klein seconded the motion to continue the hearing to November 22, 2016, for the Conservation Administrator to draft findings and special conditions for an Amended Order of Conditions for the project reflecting her agenda comments relative to replacing invasive saplings with native tree/shrubs within 50 feet of wetlands, and that all native species shall remain. E `List of documents submitted for the Request for Amendment and discussed at this hearing: 1. Site Pian, Jenick Studio Landscape and Mitigation Plan...Eldredge Surveying... 96 Winterhoff Trail...10/14116 2. Crawford Land Management Narrative,September 30,2016 Citizens' Forum The public had no comment at this time. Discussions 1. Discussion and potential vote on proposed Conservation Commission Hunting Policy, 2016-2017 Having reviewed the above proposed policy, the Commission discussed it, with Natural Resources Director Miller explaining that it mimics the policy of FY 2015-2016, and that the existing policy has shown to be successful. i a Uayley Winfield moved, Peter Wells seconded the motion to approve the proposed Hunting Policy of 2016-2017. The Commission unanimously approved the motion. The Conservation Commission will sign the approved document on November 22, 2016. Documents discussed: 1. Brewster Conservation Commission Policy,2015-2016 Re: Hunting on lands under the i control of the Brewster Conservation Commission I 2. Order of Conditions SE 9-1640, Sears Point Condominiums, construction of shorefront protection measures/rock revetment on and within 50 feet of coastal resources -request to address/reconsider Special Conditions A18 through A25, regarding project access - Sears Point Drive, 5713 (4111) Catherine Ricks, PE, Coastal Engineering, Inc., and Peter Mercury, representing the j Sears Point Condominiums, attended relative to the above request. Patrick Ellis, Superintendent of the Brewster Department of Public Works, expressed in writing, concerns over construction access, which constitutes more than 100 heavy equipment trips from the Breakwater Town Landing. i i Discussion centered on the potential adverse effects from this bolder/sand deposition to resource areas on the project area's westerly abutting property owned by the Brewster Conservation Trust(BCT). Brewster Conservation Commission Minutes November 1, 2016 6 i Approval shall be contingent on the amended access area as far from said property as possible (a minimum of 30 feet) and agreement of the change by the BCT, with special amended conditions to be approved at the public meeting of November 22, 2016. (Hayley Winfield moved, William Klein seconded the motion). Documents Discussed: November 1, 2016 letter from Patrick Ellis, Brewster DPW Report of the Natural Resources Director Mr. Miller reported on a large number of Atlantic saury which washed up all along Brewster's bay beaches. Preliminary information indicated the cause was escape from larger, predatory sea life along with the cooler water temperature. Amended Order of Conditions Preliminary Discussion Order of Conditions SE 9-1655, Cobbs Pond Condominium Association, 120 and 299 Wauquanesit Drive Assessors Map 57, Parcel 5 (formerly Map 17, Parcel 1) -Request for Commission to determine whether purpose or scope of new proposal—northward expansion of vistaimanagement corridor- has not substantially changed and/or increased... such that project can be reviewed as an amendment John O'Reilly, PE, PLS, J. M. O'Reilly, Inc., attended. E Following discussion, the Commission consensually agreed to entertain a request for an 1 amendment to the above referenced Order of Conditions, contingent on the applicant's submittal of all documentation in compliance with the above DEP policy and abutter j notification for a public hearing under the BWP Bylaw. i Requests for Certificates of Compliance John O'Reilly, PE, PLS, J. M. O'Reilly, Inc., attended. 1. J. M. O'Reilly/Keith and Dana Osborn, SE 9-923, 33 Franklyn Cartway, 50112 (31157) 2. J. M. O'Reilly/Philip Kerrivan, SE 9-854, 33 Franklyn Cartway, 50112 (31157) I 3. J. M. O'Reilly Fowler SE 9-1149 106 Upland Circle, 127118 (10120-48) 4. J. M. O'Reilly/Fowler SE 9-1361 106 Upland Circle, 127118 (10120-48) 5. J. M. O'Reilly/Forren, SE-9-1600, 80 Upland Circle, 127120 (10120-50) Following the recommendation of the Conservation Administrator that the projects comply with the respective Orders of Condition, Hayley Winfield moved, Bruce Evans seconded the motion to approve the above referenced Certificates of Compliance under the MA ACT and BWP Bylaw. The Commission unanimously approved the motion. E 6. Patricia Ellis, SE 9-1717, 30 Nancy May Path, 91114-802 (7111-5) Following the recommendation of the Conservation Administrator that the project complies with the Order of Condition, Hayley Winfield moved, Nicole Smith seconded the motion to approve the above referenced Certificate of Compliance under the MA ACT and BWP Bylaw, subject to receipt of an as-built plan approved by the Conservation Administrator. The Commission unanimously approved the motion. I Requests for Administrative Review I 1. Johnson Cartway Trust, 75 Johnson Cartway, 61120 (49155) pine tree removal As contained in her Administrative Report, the Conservation Administrator believed the above referenced project meets parameters for an activity under the Commission's Administrative Review process, and approved the project under Administrative Review. Hayley Winfield moved, Peter Wells seconded the motion to ratify the Conservation Administrator's decision on the project. The Commission unanimously approved the motion. t Review and Approval of Minutes I E E Brewster Conservation Commission Minutes November 1, 2016 7 I 1. October 18, 2016 Having reviewed the above referenced minutes, Hayley Winfield moved, William Klein seconded the motion to approve them as written. The Commission unanimously approved the motion. Any Topics not reasonably anticipated by the Conservation Commission Chairman Document signatures The meeting adjourned at 9:15 PM. E Carol Spade I "Note: The words, "wetland"and"resource area"are synonymous. The 100 and 50 foot buffer zone is the protective upland area located within 100 and 50 feet of a wetland. As the municipal focal point for environmental protection Conservation Commissions were given the responsibility in 1972 for administering the ACT. Since that time the Commissions have served in a regulatory as well as a conservation capacity. In 1979, Lovequist v. Conservation Commission of Town of Dennis,the Supreme Judicial Court upheld that by-laws are not in conflict with the Wetlands Protection Act,so long as they Impose stricter standards on projects affecting wetlands and other resource areas. Among the list of documents"for this meeting Is the following: 1. Conservation Commission Approved Planting List,Cape Cod Cooperative Extension Service (www.capecodextension.org),list of native woody pleats for coastaNniand wetland buffer zones depicting the species,size and natural spacing of plants 2. Massachusetts Department of Agricultural Resources...Invasive Plants in Massachusetts 111105 3. Administrative Report of the Conservation Administrator 4. Meeting video recording, Town of Brewster Website http:l/town.brswster.ma.us i i 3 s 3 3� I I ]3 7 33 3 i 1 1 3� 3 a� J 9� )2 3 Brewster Conservation Commission Minutes November 1, 2016 8 i 1 I Brewster Conservation Commission Minutes—Meeting Under Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act, Massachusetts General Law Chapter 939, Section 40, Wetlands Protection Act(WPA), 310 CMR 10.00 Regulations Massachusetts Department of Environmental Protection (MA DEP) �� 1, (M.G.L. C.131. § 40) And .I-00�,J bI- Code of the Town of Brewster Chapter 172 ��� �� Brewster Wetlands Protection Bylaw (BWP Bylaw) Wetland Regulations 1.01 W-9.15 Call to Order Chairman Michael Tobin convened the Tuesday, November 22, 2016 meeting of the Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA, Present Chairman Michael Tobin, Vice Chairman Hayley Winfield, Commissioners Bruce Evans, William Klein, Nicole Smith, Peter Wells, Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller, Department Assistant Carol Spade i Chairman Tobin read the following into the record: "As required by the Massachusetts Open Meeting Law,the Conservation Commission is informing the public that this meeting will be audio and video* recorded. Anyone else intending to record is required to inform the Chairman prior to the meeting." Public Hearings Request for Determinations of Applicability Craig Field requests determinations as to whether the work—, construction of an addition - and the area-are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 24 Widgeon Way, Assessors' Map 126, Parcel 26 (formerly 11121-30). Summary of Applicant Testimony Peter DeFusco, BSC Group, Inc., represented the applicant, He described the resource area and the project as contained in the Request for Determination and plan*... i Summary of Staff/Conservation Commission Comments Discussion included the concerns as expressed in the Conservation Administrator's agenda comments, which the Commission requested be addressed in a negative Determination of Applicability. Summary of Public Comments There was no public comment. Hayley Winfield moved, Bruce Evans seconded the motion to close the public hearing and issue determinations, as shown: Negative Determination 3.The work described in the Request is within the Buffer Zone,as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore,said work does not require the fling of a Notice of Intent, subject to the following conditions(if any). See addendum for special conditions of the Conservation Administrator. 6.The area and/or work described in the Request is not subject to review and approval by Town of Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw. Brewster Conservation Commission Minutes November 22, 2016 1 The Commission unanimously approved the motion. *List of documents submitted for the Request for Determination and discussed at this hearing 1. Site Plan, BSC Group Certified Plot Plan with Proposed Addition...24 Widgeon Way,918116 Notices of Intent Commissioner Nicole Smith was recused from the following hearing: (Continued Hearing)Sanford and Madeline Zevon propose to Install a new septic system and well, and request a variance from the BWP By-law to demolish and rebuild an existing single family dwelling within 50 feet of Inland resource areas,and remove and rebuild beach stairs in and within 50 feet of inland resource areas, on 40 Cranview Road,Assessors' Map 10, Parcel 66(formerly 38174). Eligible voters: Evans, Klein,Wells,Winfield (Hearing opened October 18,2016,continued to November 1) The Conservation Commission continued the hearing of November 1, 2016, to allow the applicant to submit a fully protective mitigation plan for the project, showing shrub/tree plants drawn from the Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service (www,capecodextension.org), list of native woody plants for inland wetland buffer zones, depicting the species, size and natural spacing of plants, in time to allow the Conservation Administrator to draft special conditions for the Commission's review. Summary of Applicant Testimony Stephanie Sequin, PE, Ryder and Wilcox, Inc. represented the applicants, and reviewed the submitted revised plan, mitigation planting pian and letter from Sanford Zevon*. Following review of findings and special conditions under the WPA and BWP By-law, Bruce Evans moved, Peter Wells seconded the motion to close the hearing, approve the project with findings and special conditions to be amended as discussed, and issue an Order of Conditions. The Commission approved the motion. Eligible voters:Bruce Evans, William Klein,Peter Wells,Hayley j Winfield(4-0). *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Site Plan Proposed Dwelling&4n-site Sewage Treatment...40 Cranview Road,Ryder&Wilcox,Inc. rev.11/14116,PH 2 Limit of Work 2. Mitigation Planting Plan...40 Cranview Road 3. Sanford S.Zevon,MD(undated) Nicole Smith returned to the meeting table at this time. (Continued Hearing) Phyllis Bursma request a variance from the BWP By-law,to nourish a coastal resource area with sand. Property is on 0 Crocker Lane,Assessors' Map 69, Parcel 3 (formerly 51204-51). Eligible voters: Evans, Klein,Smith,Wells,Winfield (Hearing opened October 18,2016, continued to November 1) The Conservation Commission continued the hearing of November 1, 2016, to allow the Conservation Administrator time to insert amendments to the draft special conditions for an Order of Conditions for the project. Summary of Applicant Testimony Catherine Ricks, PE, Coastal Engineering, Inc., represented the applicant. Summary of Public Comments The public had no comment. Following review of findings and special conditions under the WPA and BWP By-law, Hayley Winfield moved, Bruce Evans seconded the motion to close the hearing, approve the project with findings and special conditions, and issue an Order of Conditions. The Commission approved the motion unanimously. Ellglble voters:Bruce Evans, William Klein,Nichole Smith,Peter Wells,Hayley Winfield(5-0). Brewster Conservation Commission Minutes November 22, 2016 2 (Continued Hearing)Jonathan Rosenfeld and Arlene Feldman request variances from the BWP By-law,to (demolish and) reconstruct a new, enlarged dwelling with terrace, and construct a garage and storage area and sewage disposal system less than 50 feet of both coastal and inland resource areas and within the DEP regulated 200 Riverfront Area; and to remove invasive plant species—on 102 Cedar Hill Road,Assessors Map 38, Parcel 29 (formerly 214). Eligible voters: Evans, Klein, Smith,Tobin,Wells,Winfield (Hearing opened November 1, 2016) The Conservation Commission continued the hearing of November 1, 2016, to allow the applicant s to address all concerns discussed at this hearing. 1. Footprint of existing vs, proposed dwelling clearly defined on site plan. 2. Garage moved outside of 60 foot buffer zone. 3. Removal of non-native grass within 50 feet of resource areas. 4. Legal ownership of mitigation area. John O'Reilly, J. M. O'Reilly, Inc. and Nicholas Crawford, Jenick Studio Landscape Architecture, 3 represented the applicants. During the course of discussion, the representatives stated they believed mitigating measures are proposed that will allow the project to be conditioned so that it contributes to the protection of the resource values identified in the Wetlands Bylaw. Summary of Conservation Commission/Staff Comments Primary Commission discussion centered on concerns over project components within 50 feet of resources; the proposed garage, additional living space and storage area. Hayley Winfield stressed she would not approve this structure within 50 feet of wetlands. The Conservation Administrator read aloud, the following from the BWP By-law, Regulations: 5.01 Variances A variance may be granted only for the following reasons and upon the following conditions: a) 1) mitigating measures are proposed that will allow the project to be conditioned so that It contributes to the protection of the resource values identified In the Wetlands Bylaw; and 2)the Conservation Commission finds no reasonable alternative for such a project within the proposed site; and 3)there will be no adverse impact from the proposed project; or b) that the project is necessary to accommodate an overriding public interest or that it Is necessary to avoid a decision that so restricts the use of property that it constitutes an unconstitutional taking without compensation. Any project proponent seeking a variance must demonstrate that the project results in no adverse impacts to interests defined under the Brewster Wetlands By-law Law and that no feasible alternatives exist. She then referenced and read aloud, portions of a letter from abutters Maria and William Gaine. When polled, essentially three Commissioners stated they would support the project as proposed with the garage, additional living space and storage area within 50 feet of wetlands, and three Commissioners stated they would not support the project as proposed with garage, additional living space and storage area within 50 feet of wetlands. Summary of Public Comments Brewster Conservation Commission Minutes November 22, 2016 3 The public had no comment. Hayley Winfield moved, Peter Wells seconded the motion to continue the hearing to December 6, 2016, to allow the applicant to address these concerns. The Commission unanimously approved the motion. The Commission will also await further information on proposed invasive species removal/mitigation planting on town owned land. List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Site and Sewage Disposal System Plan,J.M.O'Reilly...102 Cedar Hill Road,rev.11110116,CLM Restoration Plan, Narrative,Variance Request,Land Management Plan Crawford Land Management rev. 11/10/16 Commissioner Nicole Smith was recused from the following hearing: (Continued Hearing)Mark L. Houghton requests variances from the BWP By-taw,to(demolish and) reconstruct a new dwelling,install a coastal stairway and remove invasive plant species In and within 50 feet of coastal resource areas and in the DEP regulated 200 foot Riverfront Area -on 83 Cedar Hill Road,Assessors Map 38, Parcel 27(formerly 2138). Eligible voters: Evans, Klein,Tobin,Wells,Winfield(Hearing opened November 1, 2016) The Conservation Commission continued the hearing of November 22, 2016, to allow the applicant to address all of the Commission's concerns as addressed at that time. Summary of Applicant Testimony David Lyttle, PLS, Ryder and Wilcox, Inc., and Jennifer Crawford, Jenick Studio Landscape Architecture, represented the applicant. They described the changes as requested by the Commission on November 1, and as shown on the revised plan", which include the following: The rebuilt dwelling is reduced so that it is entirely outside of 50 feet of wetlands. The proposal for in-ground stairs is eliminated as further information showed the structure proposed on town property. The Board of Selectmen denied their client rights to construct stairs or plant on Town of Brewster property; however further discussion with town administration on planting is pending. Summary of Staff/Conservation Commission Comments Discussion among staff and Commission centered on native plantings on the subject property and town property. The Conservation Commission supported planting on the town land for purposes of enhanced wildlife habitat and resource area(s), and directed staff to submit this support in writing to the Board of Selectmen. Summary of Public Comments The public had no comment. Hayley Winfield moved, Peter Wells seconded the motion to continue the hearing to December 6, 2016, to await further information on the above. The Commission unanimously approved the motion. *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Site Plan Showing Proposed Dwelling,83 Cedar Hill Road,rev.11122/16(received at hearing),narrative, supporting Information Nicole Smith returned to the meeting table at this time. Brewster Conservation Commission Minutes November 22, 2016 4 (Continued Hearing) Daniel C. and Threse c. Heintzelman request to amend Order of Conditions SE 9-1702 to revise the Land Management Plan to include management and restoration of native species within 100 and 50 feet of wetlands, on 96 Winterhoff Trail; Assessors Map 69, Parcel 45(formerly 517). Eligible voters: Evans, Klein,Smith,Tobin,Wells,Winfield (Hearing opened November 1, 2016) The Conservation Commission continued the hearing of November 1, for the Conservation Administrator to draft findings and special conditions for an Amended Order of Conditions for the project reflecting her agenda comments relative to replacing invasive saplings with native tree/shrubs within 50 feet of wetlands, and all native species, which shall remain. l Summary of Applicant Testimony Jennifer Crawford, Jenick Studio Landscape Architecture, represented the applicants. l 1 Summary of Public Comments The public had no comment. Hayley Winfield moved, Bruce Evans seconded the motion to close the hearing, approve an Amended Order of Conditions with findings and special conditions amended as discussed, and issue an Amended Order of Conditions. The Commission unanimously approved the motion. Eligible voters:Bruce Evans, Wiliam Klein,Nicole Smith,Peter Wells,Hayley Winfield,Michael Tobin(6-0) Town of Brewster requests a variance from the Brewster Wetlands Protection Bylaw to demolish a disused annex building and replace the structure with appropriate fill and native vegetation—on 2198 Main Street, Assessors' Map 68, Parcel 127 (formerly 16176). The project is not located on the MA Natural Heritage and Endangered Species Map*as an area of rare plant and wildlife habitat and rare wetlands wildlife. Summary of Applicant Testimony Conservation Administrator Noelle Bramer represented the applicant. She described the resource area, vegetated wetland, and project as contained in the Notice of Intent, narrative, variance request, and site plans*... Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan*. Discussion among the Commission, Ms. Bramer and Natural Resources Director Miller centered 1 on the comments in the Conservation Administrator's Administrative Report. Summary of Public Comments The public had no comment. Hayley Winfield moved, Bruce Evans seconded the motion to continue the hearing to December 6, 2016, to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project. The Commission unanimously approved the motion. *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Site Plan,Town of Brewster March 7,2000,Narrative,Variance Request,November 3,2016 2. Rare Species,310 CMR 10.59 Natural Heritage and Endangered Species Map as Priority Habitat under the MA Endangered Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act (WPA)regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife Town of Brewster Ecological Restoration Project—Chris Miller, Town of Brewster, proposes to mechanically remove (harvest) macrophyte aquatic vegetation from Walker's Pond to reduce phosphorous in Walker's Pond, Upper and Lower Mill Pond and Stony i i Brewster Conservation Commission Minutes November 22, 2016 5 Brook(variance from the Brewster Wetlands Protection Bylaw).Off Slough Road, Approximate Assessors' Map 10 on, Parcel NA(formerly 38). The project is located on the MA Natural Heritage and Endangered Species Map* as an area of rare plant and wildlife habitat and rare wetlands wildlife." Christopher Miller, Town of Brewster, (the applicant) received a May 19, 2016 letter from Thomas W. French,Assistant Director, Natural Heritage & Division of Fisheries and Wildlife MA Natural Heritage and Endangered Species Program (NHESP); determining that the project: "will not adversely affect the actual resource area habitat of state protected rare wildlife species pursuant to WPA...and will not result in a prohibited "take" of state-listed rare species pursuant to MESA...321 CMR 10.14,provided that the followlnp conditions are 1 complied with (see letter for Items 9)—5). Horsley and Witten Group (representing the Town of Brewster) and the Brewster Conservation Commission received letters*from MA Division of Marine Fisheries from Eileen M. Feeney, Fisheries Habitat Specialist, determining: Time-of-year(TOY) restriction on macrophyte harvesting from March 15—June 30 (to protect upstream resources)and September 1 - November 15(to protect emigrating or downstream resources) (1). The project was submitted to the MA Historical Commission*and the NHESP*, as it occurs within jurisdictional areas of significant historic or archaeological resources. Summary of Applicant Testimony Tara Nye, Environmental Scientist and Mark Nelson, PG., LSP • Principal—Senior Hydrogeologist, Horsley and Witten Group, Inc., represented the applicant. They described the resource area, the project and the need for the project as contained in the Notice of Intent, narrative, variance request, etc.*. They stressed that the Town of Brewster Integrated Water Resource Management Plan and other data indicate that all three ponds are impaired with high concentrations of phosphorus, chlorophyll and nitrogen and are showing diminished water clarity. Mr. Nelson remarked that removal of the macrophyte vegetation from Walker's Pond will target a harvest area of 16.5 acres along the western shoreline of Walker's Pond where no mussels were detected during a recent official survey. Mr. Nelson submitted a document*at this time, showing the work area and macrophyte removal method. During the course of discussion in answer to Commission questions over project wildlife impacts and phosphorus content, Mr. Nelson explained that the project is designed to occur in areas least resistant to wildlife impacts but the benefits of reducing harmful phosphorus to Walker's Pond, l Upper and Lower Mill Pond and Stony Brook, are intended to outweigh potential adverse impacts j to aquatic wildlife. Additionally, the majority of the existing phosphorous occurs in the macrophyte vegetation. Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as contained in the Notice of Intent*. The Conservation Administrator requested clarification as to whether the project before the board will entail alum treatment, to which Mr. Nelson responded that the Notice of Intent*does not propose that chemical removal. Summary of Public Comments Mr. Scott Parr, an abutter to the project, expressed concerns on the effect of the proposed project on abutters, and request for clarification on and prior notification of the actual work activity. Brewster Conservation Commission Minutes November 22, 2016 6 I i i Hayley Winfield moved, Nicole Smith seconded the motion to continue the hearing to December 6, 2016, to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project. The Commission unanimously approved the motion. *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Horsley Witten Group October, 2016 Notice of Intent date Narrative,Variance Request WPA Form 3 Appendix A: Ecological Restoration Limited Project Checklists Appendix B ■ Rare Species, 310 CMR 10.59 Natural Heritage and Endangered Species Map as Priority Habitat under the MA Endangered Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act(WPA)regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife ■ Rare Species,310 CMR 10.59 MA Natural Heritage and Endangered Species Program I (NHESP) Priority Habitat(MA Endangered Species Act[MESA])and Estimated Habitat Map(WPA), 321 CMR 10,310 CMR, May 19,2016 Letter to Conservation Commission from Thomas W. French,Assistant Director,Natural Heritage &Division of Fisheries and Wildlife ■ Division of Marine Fisheries February 22,2016 letter to Tara Nye, Environmental Scientist, Horsley and Witten Group, Inc.from Eileen M. Feeney Fisheries Habitat Specialist ■ Division of Marine Fisheries November 18,2016 letter from Eileen M. Feeney Fisheries Habitat Specialist 2. Mill Pond Complex Restoration—Macrophyte Harvesting, Brewster, MA DEP#File SE 9- 1724—graphs, map, photos Town of Brewster Crosby Marsh Salt Marsh Restoration Project—Patrick Ellis, Brewster Department of Public Works, proposes to replace a culvert under Crosby Lane, and improve tidal flow, increase beach resiliency and improve management and treatment of stormwater runoff from Crosby Lane and the Crosby Landing parking lot (variance from the Brewster Wetlands Protection Bylaw). Property owners,Town of Brewster and Department of Environmental Management-on Crosby Lane and Crosby Landing, Assessors' Map 115, Parcels 7, 8, 10 and 11 (formerly 9115 and others). Notices of Intent The project is located on the MA Natural Heritage and Endangered Species Map* as an area of rare plant and wildlife habitat and rare wetlands wildlife.* The project was submitted to the MA Historical Commission*and the NHESP*, as it occurs within jurisdictional areas of significant historic or archaeological resources. Summary of Applicant Testimony Tara Nye, Environmental Scientist and Mark Nelson, PG., LSP • Principal--Senior Hydrogeologist, Horsley and Witten Group, Inc., represented the applicant. They described the resource areas; coastal dune, salt marsh, land under the ocean, land subject to coastal storm flowage, and the project and the need for the project as contained in the Notice of Intent, narrative, stormwater management and drainage report, variance request, etc.*. During the course of discussion, the representatives clarified for the Commission, the bioretention system proposed for stormwater management and drainage. Summary of Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan*. Commission and staff(Natural Resource Director) discussion centered on the bioretention system detailed by the applicant, replacement of any required coastal vegetation and abutter knowledge of the project. Brewster Conservation Commission Minutes November 22, 2016 7 Summary of Staff Comments The Conservation Administrator referenced and read aloud, a letter from the Division of Marine Fisheries*, stating: "...the impact should be better defined to confirm that the project will not result in any permanent salt marsh loss. Given that native salt marsh vegetation currently dominates the habitat proposed for restoration, additional mitigation should be required for any permanent loss of salt marsh associated with the culvert replacement project." Summary of Public Comments Mr. Robert Barnard, a property owner near the project, requested clarification on the stormwater management and on engineering issues, which Mr. Miller explained. As requested by Chairman Michael Tobin for a motion to continue the hearing to December 6, 2016, to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project, Hayley Winfield moved, Bruce Evans seconded the motion as so stated. The Commission unanimously approved the motion. The Commission will also await a response from the MA Division of Fisheries and Wildlife, MA Natural Heritage and Endangered Species Program (NHESP) as to the project's occurrence in and potential effect on Priority Habitat for non-wetlands plant and wildlife under the MA Endangered Species Act(MESA), and Estimated Habitat Map of Rare Wildlife under the WPA and further comments from Division of Marine Fisheries, along with other state agencies referenced by the representatives during their presentation and/or in the Notice of Intent. 'List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Crosby Lane Culvert&Drainage Improvement Permitting Plans Horsley Witten Group,Inc., November,2016 7 sheets Narrative,Variance Request 2. Comparison of Existing and Proposed Conditions..Crosby Lane,...culvert,water elevation graphs (submitted at hearing) 3. Rare Species,310 CMR 10.69 Natural Heritage and Endangered Species Map as Priority Habitat under the MA Endangered Species Act(MESA)and Estimated Habitat under MA Wetlands Protection Act (WPA)regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife 4. November 22,2016 letter from Commonwealth of MA Division of Marine Fisheries David E.Pierce, PH.D Director to Secretary Matthew A, Beaton,(EEA)copled to Brewster Conservation Commission, etc. Michael and Ann Bartosiewicz propose to construct an addition to an existing dwelling, shown on submitted site plan to be within 49+feet of inland wetlands, on 37 Fiddlers' Lane, Assessors' Map 49, Parcel 150 (formerly 18140). The project proponent submitted a written request to continue the above referenced hearing to December 6, 2016. Hayley Winfield moved, William Klein seconded the motion to continue the hearing to December 6 2016. The Commission approved the motion unanimously. 1 Ming and Jennie Lee propose to demolish an existing cottage and construct a new dwelling and garage. The activity,which includes tree, shrub and other vegetation removal and planting with native plants, is proposed to be in and within 50 feet of coastal resource areas (variance from the Brewster Wetlands Protection Bylaw). On 336 Robbins Hill Road, Assessors' Map 38, Parcel 77(formerly 213). The project proponent submitted a written request to continue the above referenced hearing to December 6, 2016. Hayley Winfield moved, William Klein seconded the motion to continue the hearing to December 6, 2016, The Commission approved the motion unanimously. Ming and Jennie Lee request to nourish with on-site sand, construct staked double layer blankets of coir(experimental in Cape Cod Bay) and plant native vegetation, and construct a sand drift fence in coastal resource areas (variance from the Brewster Wetlands Protection Bylaw). On 336 Robbins Hill Road, Assessors' Map 38, Parcel 77 (formerly 213). Brewster Conservation Commission Minutes November 22, 2016 8 i The project proponent submitted a written request to continue the above referenced hearing to December 6, 2016. Hayley Winfield moved, Nichole Smith seconded the motion to continue the hearing to December 6, 2016. The Commission approved the motion unanimously. Citizens' Forum The public had no comment at this time. 1 Discussions 1. Signatures of Hunting Policy, 2016-2017 approved on November 1, 2016 2. Nickerson State Park Utility Upgrade Project— Filing requirement for utility lines within 50 feet of resource areas The Commission consensually agreed the above project shall require the filing of a Notice of Intent wetland application. 3. Order of Conditions SE 9-1640, Sears Point Condominiums, construction of shorefront protection measureslrock revetment on and within 50 feet of coastal resources — review of draft special conditions substituting Conditions A18 through A25, regarding project access - Sears Point Drive, 5713 (4111) Following the request of Chairman Michael Tobin to vote on amending the above Order of Conditions through the discussion process, Hayley Winfield moved, Bruce Evans seconded the motion to issue an Amended Order of Conditions to the above entity. The i Commission approved the motion unanimously. i Report of the Natural Resources Director Mr. Miller reported that work is ongoing for Order of Conditions SE 9-1709 for Town of Brewster Slough Pond Landing, and described the process thus far. Report of the Conservation Administrator The Conservation Administrator had no report at this time. Violations 1. Violation of Order of Conditions SE 9-1566, 94 Upland Circle, 127119 (10120149) Vista Pruning Compliance Report The Conservation Administrator described the status of the above violation. William Klein moved, Hayley Winfield seconded the motion that as described above, plant mitigation now complies with Order of Conditions SE 9-1566, The Commission unanimously approved the motion. Amended Order of Conditions Preliminary Discussion Camp Wono, Inc., Order of Conditions SE 9-1504-Request for Commission to determine whether purpose or scope of new proposal, including changing the dimensions of sand drift fence, nourishing the beach on an as needed basis, maintaining two access ways, etc.... has not substantially changed and/or increased such that project can be reviewed I as an amendment -on 3057 Main Street, Assessors' Map 101, Parcel 45 (formerly 818). i Jay Norton, Coastal Engineering, Inc., attended as representative for Camp Wono, Inc. Following discussion, the Commission consensually agreed to entertain a request for an amendment to the above referenced Order of Conditions, contingent on the applicant's submittal of all documentation in compliance with the above DEP policy, and abutter notification for a public hearing under the BWP Bylaw. Requests for Certificates of Compliance 1. Pantos, SE 9-1403, 20 Tanglewood Road, 73197 (411164) i Brewster Conservation Commission Minutes November 22, 2016 9 Following the recommendation of the Conservation Administrator that the project complies with the Order of Conditions, Peter Wells moved, Hayley Winfield seconded the motion to approve the above referenced Certificate of Compliance under the MA ACT and BWP Bylaw. The Commission unanimously approved the motion. 2. Ryone, SE 9-1617, 169 Fiddlers' Lane,48135 (18138) The Conservation Administrator did not act on the above request. Request for Extension Permit 1. Robert Newman, Ocean Edge-Blueberry Pond at Britterige Village; Superseding Order of Conditions SE 9-1571, Assessor's Map 89, Parcel 1-3358 (formerly 27139) vista pruning project—re-issuance Review and Approval of Minutes 1. October 18, 2016 Work Session 2. November 1, 2016 Having reviewed the above referenced minutes, Peter Wells moved, Hayley Winfield seconded the motion to approve them as written. The Commission unanimously The meeting adjourned at 9:55 PM. Carol Spade 'Note: The words, "welland"and"resource area"are synonymous. The 100 and 50 foot buffer zone is the protective upland area located within 100 and 50 feet of a wetland. As the municipal focal point for environmental protection Conservation Commissions were given the responsibility in 1972 for administering the ACT. Since that time the Commissions have served in a regulatory as well as a conservation capacity. In 1979, Lovequist v. Conservation Commission of Town of Dennis,the Supreme Judicial Court upheld that by-laws are not in conflict with the Wetlands Protection Act,so long as they Impose stricter standards on projects affecting wetlands and other resource areas. i Among the list of documents"for this meeting is the following. 1. Conservation Commission Approved Planting List,Cape Cod Cooperative Extension Service (www.capecodextenslon,org),list of native woody plants for coastallintand wetland buffer zones depicting the i species,size and natural spacing of plants 2. Massachusetts Department of Agricultural Resources...Invasive Plants in Massachusetts 111/05 � 3. Administrative Report of the Conservation Administrator 4. Meeting video recording, Town of Brewster Website http.-Mown.brewster.ma,us i I I E i 1 i E t Brewster Conservation Commission Minutes November 22, 2016 10 { E € Y, 1 2016 Annual Letter A To the LCCAT Community In the past year, LCCAT has Dear Members, invested in infrastructure and Welcome to Lower Cape Community Access TVs Annual Letter strengthened its role in the from the Executive Director. community-we are excited about all the positive changes! The past year represents the first fiffl year that I have been with the organization. It has been an exciting year and we are all beginning to see positive changes corning into bloom! The Year in Review During the past year,our organization has focused on five themes: • Establishing Balance • Building Identity • Growing Relationships • Role Modeling • Creating Relevance In this letter I'll be sharing some of the efforts and results produced by these themes. 1, Establishing Balance As mentioned in last year's letter,my first goal after joining the organization was to reach balance and stability in multiple areas. I am happy to report that in financial functions,we have established bookkeeping procedures and structured our workflow to more accurately understand the financial dynamics of the organization.We have successfully worked with our outside accounting firm to review and put into place best practices for managing our funds.We developed a short and long term capital plan that is relevant and appropriate for the organization's mission and needs. In short,we have made great strides toward prudent, thoughtful,planned, and documented use of funds to support the organization's mission and will continue on this path in the upcoming year. In the operational arena,we worked with an HR management consultant to review roles and ensure correct job category-- ... classifications.We re-examined staffing needs and developed a In ways large and small-from team that allows the organization to be more responsive and agile studio lights to field to our goals of community-based content production, editorial microphones-we built our voice, and learning. We began to develop and continue to develop infrastructure and improved the workflow tools and processes to better manage our gear, our facilities we manage for the studio, and our production efforts,We began to and continue to community. develop strategies, tools, and techniques to improve outreach and communication to our different constituencies, including community producers, community members, schools and school districts, and towns.The operational effort will continue in the upcoming year, and evolve as our work continues to evolve. { In our facilities and technology infrastructure space,we made strong gains. I am delighted to report that investment in three new—and green!—lighting sets is delivering improved studio results. The lights are now safely mounted on a heavy-duty ceiling grid, as well. In reconfiguring the studio lighting,we not only worked with a top-notch lighting designer,but we also put effort into training in the use of the lights and light board so that we could maximize their benefits. New curtains (black,pewter, and green screen)wrap fully around the studio and bring anew level of both production flexibility and studio safety to the space. i We began cycling our circulating gear, updating and adding new elements based on user feedback.We donated two of our cameras 7 € f to the high school video production class (they match others the class currently uses), and have begun a process of adding new cameras, tripods, and several varieties of field audio. Gear is now • stored in wire cabinets for safety and security.We also instituted equipment cards; before checking out gear, community members complete a short workshop on operational basics and guidelines for use. Upon completion of the workshop, they receive their own M1ML=AUM , level i LCCAT equipment card that allows them to checkout basic TIPS CARO CLRTIHIS 1 IAL gear.A variety of other workshops allow people to earn checkout privileges for more complex audio,video, and lighting equipment. We also began the process of updating our core cablecasting system, working with our vendor to manage the software and hardware upgrades in a planned manner, so that operations continue smoothly and without interruption. Equipment cards help manage Our business computers have been brought up to date, a secure the circulating gear-and they also represent one of the new internal wired and wireless network is running, and broadband processes we've put in place fiber now feeds the organization's high bandwidth demands. this year. The office work area reconfiguration is underway, using a millennial open workspace plan to create a flexible, friendly, and efficient work environment for both staff and community.We have attractive, clear signage to direct people to office, studio, editing suite, and equipment room, as well as external signage directing visitors to the studio/office entrance. 1 1 This multi-year facilities and technology infrastructure workplace will continue into next year. 2. Branding and Identity As we began to create balance in operations,we knew it was important to also restate and relaunch our identity as an organization. Instead of a big splash,we elected to use the strategy of a soft launch, bringing elements into place and testing and adapting them with our community. We are planning a"coming out party"within the next year, to formally introduce to the community the facilities and technology improvements as well as i the new look and feel of the organization. We worked with a Wellfleet-based designer to create a new logo—a red nun channel marker.Waterways are iconic to our region—and we have the added the play on words that "channel marker"brings us: marking our region's water channels as well as our television i 1, i channels.The subtle Cape shape along the edge of the red nun adds an additional statement of place. Our colors—which appear in our new physical space as well as in our marketing materials,video bumpers,station IDs, and signage— pick up the hues we see in our region—the many beautiful greys and grey-blues of the bay and ocean and ponds, the golds and beiges of our grasses and beaches, and the flecks of red from our sunsets and channel markers.We used classic and clean type to further define our identity: We incorporated the new logo, along with iconic regional images, to create banners for the studio;some became part of set designs, while others hang in our hall to brand the area as part of the �r LCCAT space.These images also appear on external signs, so that from the moment visitors encounter LCCAT, they experience the rvisual brand. The branding is also part of a series of new bumpers on LCCAT-produced shows and has been incorporated into the bug which appears within the channels. Equipment cards and crew T-shirts worn in the field sport the logo,creating a consistent � identity and sense of belonging among producers as well. te led* a a a ff We launched a prototype printed show guide,which we distributed 6460 al a'Mil a to libraries,senior centers, town halls, and other gathering spots -so a.,y a across our five towns. Based on feedback,we are planning a quarterly edition of the guide,which provides both show times as well as producer and content profiles.We dont know what this will develop into,but research shows that in our region people turn to i print sources for information, so we know that print needs to be j Our new logo projects a part of our promotional package.We learned people came to professional and consistent look workshops after seeing the program guide in the community,so we and appears in many formats, know the guides serve as a general awareness tool as well as an from print,to digital,to video,to informational guide. i banners and backdrops. We also began branding ourselves in the social media space, developing a consistent naming convention and visual branding on Facebook,Twitter, and Vimeo.We created a social media short to 3 publicize the effort, and cross-post and cross-promote in all our outreach channels. As a result our digital visibility has increased; over the past year on Vimeo alone we rose from fewer than zoo monthly views to more than z,000 monthly views. iE t I I L E 3, Building Relationships The next key focus for the year was building relationships with all aspects of our communities. Relationships form the bonding threads that connect us to one another-- and to this special place of Cape Cod, We reached out to organizations and individuals, creating awareness and offering support, training, and shared production. For example; We partnered with the Brewster Whitecaps to create 18 public service announcements, running one a week over the 18 f j weeks between winter and opening day in June.We also collaborated on an episodic series and will be cablecasting games live with a the help of community members.This effort builds on last summer's trial cablecast of three games; the enthusiastic community response led to exploring ways to deliver more. We partnered with Wellfleet Harbor Actors Theater (WHAT) to develop a regular series called Backstage at WHAT, incorporating interviews and performances in the studio. The j current episode features the musical director and actors from the east coast debut of the play Criro�iend, discussing the hows and whys of the play, and performing a song from the show. • We partnered with the Cape Cod National Seashore on multiple projects,ranging from public service announcements to a The Brewster Whitecaps,the documentary on volunteer week.The documentary,which will be National Seashore,and regional police chiefs were among the premiering over the summer,also incorporated another many organizations that community partner,AmeriCorps, j collaborated on community We worked with the region's Chiefs of Police to produce a i content with LCCAT. series of announcements about a special Ride Safe program running on New Years Eve- the videos appeared on 99 and22, as well as LCCAT social media. Many of the government channel r8s and the Facebook and push email messages from a variety of community organizations also used the video;we all shared the goal of safe New Years Eve. • We produced a12-part interview series in collaboration with The Cape Cod Institute, featuring conversations with a variety of leaders in the mind-brain-body space.The series was so successful we are reprising it this upcoming summer with different 3 guests and topics, i 31 33 33 3! 3 1 The Community Development Partnership in April celebrated the tooth episode of its weekly show This Place Matters, hosted by Susan Lindquist.We celebrated along with the CDP, bringing a fun cake for volunteers, staff and participants ... and a$ioo donation - to the nonprofit guest of that show,Food¢Kids. d� On Education Channel 22,we worked with both Nauset and Truro School districts to train staff, teachers, and parents and support the each district's purchasing decisions for video gear.We also supported the production of shows including the every-other-week Superintendent Spotlight with Nauset superintendent Tom Conrad.We worked closely with Dr.Ann.Canetti to produce the i The CDP celebrated its 100th P� Mental Health Awareness series,which runs on both channel 99 episode of its weekly show This and 22; this timely show addresses a range of issues,including a i Place Matters. LCCAT added a three-part series on addiction with experts from Gosnold and a fun cake and a big shout out to multi-part of series about families, children, and mental health its community partners! with other community experts. We worked with individuals to support the creation of topical shows including Tax Experts,with a panel of tax preparation experts, and Peak Time, a public and community issues show with 4 Truro resident Jack Peak. We also began a quarterly"PSA Day"in which we set up cameras fIfI all day long and invite nonprofits in to record a short PSA.We Vii►„ ; tested a PSA workshop to help organizations feel more comfortable working with video, and plan to explore other tools to We collaborate with the Nauset School District to produce help nonprofits build video storytelling capacity. Superintendent's Spotlight-which 4. Role Modeling puts a human face on schools. The possibilities of community-based media have changed over the past few years. Part of our role is showing what is possible and inspiring others to create a voice.To do this,we need to create and showcase work that looks and feels like the type of work people would aspire to produce, In addition,when we work in the field or teach workshops,we are continually role-modeling best practices and inspiring others in our attitude and professionalism. One way we role model is through workshops and coaching. Our -z... i workshops in the past year included an editing practium, Final Cut Workshops happen inside and X techniques,studio camera, field camera, equipment card outside ... and coaching and workshops, nonprofit PSA workshops, assignment Turnip Fest, and a role-modeling happens all the a variety of others.Workshops represent an area that we will be time! expanding over the next year. F We also informally coach community producers, both in use of equipment and in editing and post-production when they bring their source material to the station. Our team schedules time to sit down is with people or organizations and coach them through the post production process.The goal is not to "do work" for people, but rather to help and guide community producers as they gain confidence and skills.This informal coaching has proved to be very effective with our members. • '�b, On the production side,we have taken the lead to create video content which inspires and builds aspiration.We do this through a variety of shows,intentionally using different styles and different techniques. These include the fast-paced Cape 365, a variety of short news features from the field, the studio-based discussion show The RoundTable, the archival and more gently-paced Wayback Wednesdays which mixes together past and present, the live baseball games, and the musicality of Lower Later. Each of these represents a different genre and utilizes different techniques and different styles, but all share a level of professionalism that demonstrates what we—and the community!—can create using the LCCAT facilities,gear, and support. In an era in which people have literally said to us "we have YouTube,why do we need public access?"it becomes essential to show the potential that public access brings to a production, potential that goes beyond what can be accomplished with a smart phone and a social media post.We have to lead by example, and by example inspire ideas, engagement, and excitement.Through role modeling,we become a community resource. 5. Creating Relevance The world is full of media. Everywhere we turn,we see video. Different shows demonstrate the Every smart phone creates it. Social media offers a sharing many different styles and platform for views and opinion.With the click of a button,video formats and structures that can move from the beach to five sharing sites.Access to media LCCAT productions can take, tools has never been greater. However, this plethora of options actually creates an ever-greater need for shared community media.There might be a million social media channels,but communities need a shared communication space to thrive—and with the demise of many once-locally- controlled media, there emerges a gap which begs to be filled. i r i In the old west,you had a saloon and then a general store. A church and a school soon followed. But it wasn't until you had a newspaper—the shared community communication technology of the i800s—that you had a town. In short, communities need a hub of communication to connect the community with itself.As we visit and meet and interact with people across the region,we have- heard aveheard over and over a strong hunger for local news and local arts, a 1 hunger for a place for local voices to be heard, and a hunger for a place where everyone can participate and share. Addressing this hunger matters to our organization and to our communities. Building this bridge, this connection, this hub creates a relevance with deep roots of time and in this special place called the Lower Cape. As we role model production,we intentionally select topics that also address this hunger that we hear. For example, during the past year; • We produced a series of short interviews with town clerks and town moderators, discussing what Town Meeting is and what is means in shaping the way our communities work. :vents, We produced a series o£news features on community ranging from OysterFest in Wellfleet, to a sustainable agricultural event in Orleans.We visited with Mr.'IUrnip in Eastham and a giant shark in Orleans.We went to Brewster and Truro to show how video story telling is also the story telling of our place and our shared lives. As we work with community partners,we teach how the resources of LCCAT are also community resources. For example during the past year: Responding to community € needs, LCCAT has been Through our PSA Days,we have begun to help nonprofits producing a series of short news find new ways to share their stories and develop capacity for telling features to help our communities those stories—and LCCAT is beginning to be a relevant resource share stories about our home for this important segment of our region. I and our lives. i • Through our relationship with our regional schools and school districts,we have begun to engage both families and school staff in bringing their stories to the larger community.We are seeing the beginning of video that communicates and connect the dots between the two sides of the school house doors—and i i t LCCAT plays a relevant catalyst and enabling role in making these connections happen. This is an area in which we have just begun to work and upon which we will focus additional attention in the upcoming year. Goals for Next Year In the upcoming year,we plan to grow and expand upon the work we've begun in the past year. Specifically: • We will complete the initial phase of facilities and I . . technology infrastructure investment, including studio upgrades I Capeand updating older circulating gear, and addressing mobile o.<< production needs. We will continue to adjust and improve upon our operational processes; no matter how much we improve,we'll always strive to become that much better! • We will extend our relationship building,reaching more We can't wait to continue the people and continuing the ongoing process of engagement. j work we've - year begun this 9 y We will roll out new workshops and classes, and respond to making LCCAT a true community community needs in order to deliver what people want. resource! • We will continue to develop programming that is relevant and enjoyable to watch, to bring more viewers into our channels and to demonstrate the potential of local community media. • We will work with both organizations and individuals to 1 support and distribute community content. • We will listen—a lot!—as part of our ongoing partnership with each and everyone of you, And, of course,we'll remember to have fun ... because this really is fun. I love what we are doing here at LCCAT. I'm proud of what our team and our community has accomplished together in the past year and I can't wait to see what we'll build together in the upcoming year. Thank you all! Teresa'.A. Martin Executive Director Lower Cape Community Access TV y i LOWER CAPE COMMUNITY ACCESS TELEVISION,INC. FINANCIAL STATEMENTS YEAR ENDED DECEMBER 31, 2015 FF WITH INDEPENDENT ACCOUNTANTS'REVIEW REPORT LOWER CAPE COMMUNITY ACCESS TELEVISION,INC. ' FINANCIAL STATEMENTS YEAR ENDED DECEMBER 3l'2Ol5 ' WITH INDEPENDENT ACCOUNTAN7S'BF-VEFWREPORT .` INDEX INDEPENDENT � | / U K ACCOUNTANT'S REVIEW REPORT ON: UFinancial Statements.................................................................................................................. .......... ^ W FINANCIAL STATEMENTS: 2 8tutezuootoofFinancial Ponhiou—..--..—.......--..---..---...--..—.—..._.....—.....--... NStatements of Au�vid�o.—...--..---^^--''—'''''—'^------^'.''--'''—'''—^'—''--''—''—''' ' ' ' 4 3tuteomeo<oofl�u�ntiooal Expenses—.------.---.^---~.--...---.---....--..—.. StatementsofCash Flows ..................................................................................................... ......^ .... 5 N6-9 N I�oten10Financial 8tu�ooeo1y.......—......—.._...—_.,,...._~_.._~____._._..,___..._._~ 0 � i i i Lynch, Malloy, Marini, LLP Cei tied Public Accountants &Advxsols www.LMMepas.com l INDEPENDENT ACCOUNTANTS' REVIEW REPORT E E i To the Board of Trustees of Lower Cape Community Access Television, Inc. We have reviewed the accompanying financial statements of Lower Cape Community Access Television, Inc. (a nonprofit organization), which comprise the statement of financial position as of December 31, 2015, and the related statements of activities and cash flows for the year then ended, and the related notes to the financial statements. A review.includes primarily applying analytical procedures to management's financial data and making inquiries of management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibility for the Financial Statements j 3 Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America, this includes f the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error. Accountants` Responsibility j Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether -we are aware of any material modifications that should be made to the financial statements for them to be in.accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion. Accountants' Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. LGQ Brewster, Massachusetts May 4, 2016 ® 99 Longwater Circle,Suite 200 ® 9 Bay State Court ® 41 West Central Street Norwell,MA 02061 Brewster,MA 42631 Natick,MA 01760 781-871-5850 508-255-2240 508-650-0018 LOWER CAPE COMMUNITY ACCESS TELEVISION,INC. Statements of Financial Postion December 31,2015 ASSETS I Current assets Cash and cash equivalents $ 709,850 Accounts receivable 118,770 Prepaid expenses 3,497 ETotal current assets 832,117 Property and equipment-net 388,281 I Total assets $ 1,220,398 LIABILITIES AND NET ASSETS Current liabilities Accounts payable $ 1,463 IAccrued payroll 4,600 Total current liabilities 6,063 Total liabilities 6,063 1 Net assets Unrestricted net assets Operating fund 1,214,335 Total unrestricted net assets 1,214,335 s i Total net assets 1,214,335 ' I i Total liabilities and net assets $ 1,220,398 I i r The accompanying notes are an integral part of these financial statements. See Independent Accountants'Review Report. ILOWER CAPE COMMUNITY ACCESS TELEVISION'INC. I Statements of Activities For the Year Ended December 31, 2015 Temporarily Permanently Unrestricted Restricted Restricted Total Revenues and support I' Cable revenue $ 440,754 $ - $ - $ 440,754 Investment income 426 - 426 Services -copies,DVD, other - - - - 1 Net assets released from restriction - - - - - Total revenues and other support 441,180 441,180 Expenses and losses Program services 327,397 327,397 General and administrative 28,616 28,616 Fundraising - - - Total expenses and losses 356,013 - - 356,013 Total increase in net assets 85,167 - - 85,167 Net assets, beginning of year 1,129,168 - - 1,129,168 Net assets, end of year $ 1,214,335 $ - $ - $1,214,335 i E 4 { _ 1 The accompanying notes are an integral part of these financial statements. See Independent Accountants'Review Report, I I LOWER CAPE COMMUNITY ACCESS TELEVISION,INC. Statements of Functional Expenses For the Year Ended December 31,2015 Program General and Overatinia expenses Services Administrative Fundraising Total IAdvertising&promotions $ 1,630 $ - $ - $ 1,630 Salaries&wages 179,130 - - 179,130 Employee benefits 12,661 _ - '12,661 Payroll&HR service fees 5,664 - - 5,664 Accounting fees - 7,300 - 7,300 Conferences, conventions 593 - - 593 Depreciation expense 84,634 - - 84,634 Equipment maintenance & supplies 11,009 - - 11,009 Insurance 108 5,733 - 5,841 Licenses&taxes - 144 - 144 Memberships, dues &training 2,600 - - 2,600 IOffice supplies & expense - 3,960 - 3,960 Payroll taxes 19,232 - - 19,232 f Rent expense - 4,800 - 4,800 l Subcontract labor 8,825 - - 8,825 Telephone - 1,032 - 1,032 Travel 1,311 - - 1,311 Utilities - 5,647 - 5,647 i Total operating expenses $ 327,397 $ 28,616 $ - $ 356,013 I� 1 I' i �I The accompanying notes are an integral part of these financial statements. See Independent Accountants`Review Report. A I LOWER CAPE COMMUNITY ACCESS TELEVISION,INC. Statements of Cash Flows f For the Year Ended December 31, 2015 2015 Cash flows from operating activities i Increase in net assets $ 85,167 Adjustments to reconcile change in net assets to net cash provided by operating activities I 3 Depreciation 84,634 1 (Increase) decrease in Accounts receivable (17,824) lr Prepaid Expense (2,297) Increase(decrease) in Accounts payable (302) Accrued expenses (390) Net cash provided by operating activities 148,988 I! I Cash flows from investing activities Purchase of capital assets (109,583) Net cash used by investing activities (109,583) Net increase (decrease) in cash 39,405 i IBalance of cash and cash equivalents at beginning of year 670,445 Balance of cash and cash equivalents at end of year $ 709,850 The accompanying notes are an integral part of these financial statements. See Independent Accountants'Review Report. 5 LOWER CAPE COMMUNITY ACCESS TELEVISION,INC Notes to the Financial Statements December 31,2015 I� Note 1. Oreanization and Purpose Lower Cape Community Access Television, Inc. (LCCAT) has received a determination letter from the Internal Revenue Service and has been recognized as a publicly supported charitable(non-profit) as described in Internal Revenue Code Sections 509(a)(1) and 170(b)(1)(a). As such, LCCAT is exempt from Federal and Commonwealth of Massachusetts income taxes under section 501(c) (3) of the Internal Revenue Code. Its purpose is civic and educational, in that it provides access to local television programming and production to cable television subscribers in the towns of Brewster, Eastham, Orleans, Truro, and Wellfleet (the Towns). Funding for LCCAT is provided pursuant to contractual agreements with the Towns of Wellfleet, Truro, Eastham; Orleans and Brewster and Comcast of Massachusetts.The Wellfleet contract extends through January 31, 2020, Brewster extends through September 17, 2021, Eastham extends through December 16, 2020, Orleans extends through March 31, 2022 and Truro extends through January 31, 2020, I� Note 2. Summary of Sienificant Accountine Policies This summary of significant accounting policies of LCCAT is presented to assist in the understanding of the LCCAT's financial statements. The financial statements and notes are the representations of the LCCAT's management who is responsible for the integrity and objectivity of the financial statements. a i Basis of accounting The financial statements are presented in accordance with the Financial Accounting Standards Board and are prepared on the accrual basis of accounting which recognizes income when earned and i expenses when goods are received and services are rendered. � 3 Fund accountinir and net asset classifications 1 The fmancial statements are presented in accordance with Accounting Standards Codification 958- 205, Presentation of Financial Statements of Not-for-Profit Entities. Accordingly, LCCAT reports information regarding its financial position and activities in three classes: unrestricted, temporarily restricted, and permanently restricted. Unrestricted net assets: Unrestricted net assets include expendable resources over which LCCAT's Board of Directors has discretionary control and are used to carry out LCCAT's operations in accordance with its bylaws. i Temporarily restricted net assets: Temporarily restricted net assets include resources expendable only for those purposes specified by the donor or grantor. Permanently restricted net assets: Permanently restricted net assets include resources subject to donor-imposed stipulations that they be maintained permanently by the organization. 6 4 LOWER CAPE COMMUNITY ACCESS TELEVISION,INC Notes to the Financial Statements December 31,2015 Note 2. Summary of Sigunificant Accountine Policies(continued) i As of December 31, 2015 and for the year then ended,LCCAT held only unrestricted net assets. Revenue i Program service revenues are recognized on the accrual basis. LCCAT is operating its cable studio and programming operations under individual contracts made with Brewster, Eastham, Orleans, Truro, and Wellfleet. The contracts call for a set percentage, of quarterly Comcast revenues paid to the towns, to go to LCCAT. Other than interest income, LCCAT's only income is cable revenues from these agreements. See note one above for the contract renewal dates by Town. Donated services 'I A number of volunteers have donated time to LCCAT. The value of the donated time is not reflected in the financial statements. Some of the services provided did not require specialized skills and there is no objective basis available to measure the value of the services. Income taxes LCCAT is a not-for-profit organization and is exempt from income taxes under Section 501 (c) (3) of the Internal Revenue Code. Tax may apply to activities outside of the organizations exempt ff' purpose (unrelated business income), although no such activity has been reported. It is LCCAT's policy I� to record penalties and interest related to taxes as a current operating expense. During 2015 the organization did not incur any penalties and interest on taxes. As of December 31, 2015, the tax years 2014, 2013, and 2012 Form 990 and Mass form PC were still open for examination by taxing authorities. Cash and cash eauivalents LCCAT considers highly liquid, short-term investments with an original maturity of three months or less to be cash equivalents. LCCAT utilizes one bank to hold deposits. Cash balances in these accounts exceed federally insured limits. To date, LCCAT has not experienced any losses in these accounts and believes it is not exposed to any significant credit risk on its cash and equivalents. Allowance for had debts � The Board of Directors considers the coIlectability of the receivables annually and feels that an estimate of an uncollectible portion to be unnecessary at December 31,2015. I � 1 t 7 ' i i LOWER CAPE COMMUNITY ACCESS TELEVISION,INC Notes to the Financial Statements December 31,2015 I, Note 2. Summary of Significant AccountinE Policies (continued) F Property and eauivment Equipment, if any, is valued at cost for purchased items or at fair market value at the time of donation for donated items. Acquisition of items in excess of $500 are capitalized. Depreciation is calculated based upon a life of 5 years for computers and cable equipment using the straight-line methods, with a half-year convention for assets acquired during the current year; leasehold improvements are depreciated over a period of 10 years using the straight-line method. Use of estimates The presentation of financial statements requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. j S I Fair Value Measurements LCCAT applies the provisions of accounting principles generally accepted in the United States of America, which establish a fair value hierarchy for certain financial instruments. The organization's significant financial instruments are Cash and Cash Equivalents.For these financial instruments the ' carrying value approximate the fair value. Note 3.Concentrations of Credit Risk LCCAT had two accounts at the same bank, one bearing interest and one not. Additionally,there is a non interest bearing account at a second bank, carrying a small balance. LCCAT carries balances in excess of the insurance amount provided by the Federal Deposit Insurance Corporation (up to $250,000). The combined balance in these accounts was$709,850 at December 31,2015. F t As discussed in Note I and 4,LCCAT's revenue is derived from contractual arrangements with five towns on Lower Cape Cod. Due to this, the organization's credit risk on receivables is concentrated due to the limited number of customers. Note 4.Town contracts All of LCCAT's revenue is provided by contracts between LCCAT and the towns of Brewster, Eastham, Orleans, Truro, and Wellflect, Massachusetts. The five towns have granted a cable television license to Comcast of Massachusetts. The agreement between the towns and Comcast calls for the cable } company to pay the town a specified percentage of cable revenues each quarter to provide for the management, operation and programming of a Public Access Channel. i The contracts between LCCAT and the towns call for the towns to share a portion (from 42%to 47%) of the quarterly payments. LCCAT provides to the towns Public Access programming, services, facilities and equipment. In 2015, Revenue from the five Towns amounted to $440,754. LCCAT receives revenue from the Towns after it is distributed quarterly by Comcast. The amounts received by the towns each quarter depend upon cable usage for the customers in each town. Thus, the amounts received by LCCAT varies from quarter-to-quarter. t 8 1 LOWER CAPE COMMUNITY ACCESS TELEVISION,INC Notes to the Financial Statements December 31,2015 Note 4.Town contracts (continued) The towns hold a security interest in all equipment or property, real or personal, purchased with funding provided by the towns per the terms of the contracts. Note 5. Operating lease The LCCAT's leasing activities consist principally of the leasing of office and studio property under an agreement with the Nauset Regional High School. A new three year agreement was signed in June of 2014. The minimum annual rentals, under the agreement for all years is $4,800. In 2015, LCCAT paid annual rent of$4,800 per year. The agreement contains options to extend for two additional,three year terms. Note 6. Property and equipment As of December 31, 2015, property, equipment and the accumulated depreciation thereon, consists of the following: i Balance Additions Balance j 12/31/14 12/31/15 Computers and Equipment $ 160,873 $ 68,140 $ 229,013 Furniture&Fixtures 491 - 491 Software - '10,350 10,350 Leasehold Improvements 176,804 31,093 207,897 Cable Lines and Network Hubs 271,523 - 271,523 i E Total 609,691 109,583 719,274 Less: Accumulated Depreciation (246,359) (84,634) (330,993) ES E S Total,Net of Accumulated Depreciation $ 363,332 $ 24,949 $ 388,281 s Note 7.Management Review The LCCAT has evaluated all subsequent events through May 4, 2016, the date the financials statements were available to be issued. 9 € I .W waTE,:,, ealtflrfj��iq// R Brewster Fire Department •o� pn .Sq�F9�� 1657 Main Street Olt Brewster, MA 02631 � � . Phone 508-896-7018 Fax 508-896-4245 %, ryCpR,py SEp . .. . � ��'�Ojrirnru}nmitiunimopO��� I TO: Board of Selectmen FROM: Fire Chief Moran CC: Town Administrator Michael Embury Town Accountant Irene Larivee Treasurer/Collector Lisa Vitale Payroll Administrator Annette Preston DATE: 12/14/16 RE: Fire Department Personnel Update Career Firefighter/Paramedic Thomas Osborn has resigned from the Brewster Fire Department effective December 27, 2016. He has accepted a Firefighter/Paramedic position with the Portsmouth NH Fire Department which is located approximately 30 minutes from his hometown and his family. Call Firefighter/Paramedic Robert Hooper has accepted Osborn's vacated position and will begin employment as a career Firefighter/Paramedic on Friday December 30. We have completed our interview process of internal candidates to fill the two recently awarded SAFER Grant positions.The course of action included interviews in front of a panel of outside Fire Chiefs and EMS Coordinators and a separate interview with the Chief Officers of our organization. Based on the results of these dialogues Call Firefighters Paul Brazil and Timothy Druckenbrod have been offered and accepted the two SAFER positions and will begin employment on January 20, 2017. Call FF Carrie McEnaney will assume the current provisional position created by Captain Rubel's injury that was being filled by FF Brazil. She will also start on January 20. 1 All members will be required to successfully complete a Town sponsored medical exam and the I Massachusetts Physical Ability(PAT)test prior to their start date. Deputy Chief Varley is working with FEMA representatives on the process for requesting funds from the SAFER Grant. He will remain directly responsible for managing the grant program during the two-year period of January 20, 2017 to January 20, 2019. We are pleased to report that we have been able to fill all of these positions with qualified and certified ! members of our Call staff who have intimate knowledge of our daily operations and are capable of being immediately placed into these field positions without apprehension. I would like to thank you for your continued support of our organization in particular our ability to provide high quality and effective EMS and fire services to the residents of our community. i i 1 i Michael Embury From: Chris Miller Sent: Wednesday, December 14, 2016 9:55 AM To: Michael Embury Subject: Update on Pleasant Bay Watershed Planning Process Attachments: Homeowner3.pdf i To: Brewster Board of Selectmen I From: Chris Miller, Natural Resources Director Mark Nelson, P.G., Horsley Witten Group Date: December 14,2016 Re: Update on Pleasant Bay Watershed Planning Process We are writing to provide an update on the Townl plans for restoring Pleasant Bay, and how this relates to the plans proposed by Chatham, Harwich and Orleans, the three other towns within the Pleasant Bay watershed. The Pleasant Bay Alliance, working in concert with town staff and technical consultants, is completing a draft Composite Nitrogen Management analysis, developed to determine If the four towns' plans in combination will provide the water quality improvements needed to restore and protect Pleasant Bay. The Pleasant Bay Watershed includes approximately 11,800 acres of land in the four towns. Excess nitrogen from onsite septic systems,fertilizers, and stormwater runoff has polluted the Bay. According to the 2007 Massachusetts Estuaries Program Study, 36%of the nitrogen currently entering the bay from these sources must be eliminated or treated to restore the Bay. This means that 39,000 lbs (17,700 kg) of nitrogen must be treated at the source or removed from the Bay. The four towns have considered traditional means such as centralized wastewater treatment to meet this goal. Brewster, Harwich and Orleans are also evaluating non-traditional means such as fertilizer management, shellfish aquaculture, innovative onsite septic systems and other options. Chatham has decided to sewer all properties in town, and therefore does not need to rely on non-traditional methods to meet water quality goals for Pleasant Bay, The Pleasant Bay Alliance has been working witht wn staff and technical consultants from each of its four member towns to develop a draft composite watershed analysis that combines the nutrient management plans for towns' portion of the Pleasant Bay watershed. The draft analysis confirms that the combined actions of the four towns will result in the required nitrogen removal to restore the Bay. It also provides a framework for continued discussions on how the four towns can work together moving forward. This draft is being finalized and it is anticipated that it will be ready to present to the Boards of Selectmen early next year. The information below includes a summary of Brewster's plans to date, an overview of the Alliance's draft Composite analysis and some additional considerations regarding the Town's next step in implementing its nitrogen management plans. Update on Brewster's Wastewater Planning Process Brewster's nitrogen management plan for Pleasant Bay was developed in conjunction with the Comprehensive Water Planning Committee and is described in the March 2015 Pleasant Bay Nitrogen Management Alternatives Analysis Report prepared by the Horsley Witten Group, Inc. (http://www.horsievwitten.com/brewsteriWRMPeports/Phaselll/150323 AlternativesReport FINAL.pdf). i 1 1 i The report was part of Phase III of the Town's Integrated Water Resource Management Plan. According to the report, Brewster must manage 4,291 lbs of nitrogen within its part of the Watershed. Approximately half of that nitrogen has already been removed. The Captains Golf Course reduced their fertilization applications to golf course rough areas, providing a reduction of 2,050 lbs of nitrogen per year(Table 1). Nitrogen is also captured in the water withdrawal from the golf course's irrigation well and returned to the playing surface. In addition, the Town passed a fertilizer management bylaw to help reduce fertilizer applications on residential and commercial lawns. Given these reductions the plan states that an additional 1,300 lbs of nitrogen per year must be managed. Table 1. Brewster's Nitrogen Reductions to Meet Pleasant Bay Restoration Goals Alternative Nitrogen Load Reduction Golf Fertilizer Management 2,050 Fertilizer Bylaw 340 Nitrogen Recapture Through Irrigation 500 3 Shellfish Propagation 1,300 Total 4,290 Nitrogen Reduction Needed I 4,291 The plan evaluated a series of options to remove the additional nitrogen. It determined that shellfish propagation or aquaculture would be the most cost effective approach to meeting the nitrogen reduction goal. The Town has worked with the other Pleasant Bay communities to identify joint projects for shellfish management. None have yet been identified that would meet the full nitrogen removal goal needed for Brewster. At the same time, Barnstable County has been investigating the use of new septic system leach field technologies that can provide a high level of nitrogen treatment, coming close to the treatment level typically achieved at a centralized treatment plant. They involved a pressure-dosed leaching field underlain by a layer of sand and wood chips/sawdust. The carbon in the wood chips is used by naturally occurring bacteria to remove nitrogen from the effluent,turning it back into nitrogen gas. The county has received a grant to test 30 of these systems over the next few years to evaluate their design and performance(See attached flyer from Barnstable County describing the grant program). The estimated cost for these systems is$8,000-$10,000 depending on the site. This is much less than that needed for a centralized collection and treatment facility. These innovate onsite systems could be used by Brewster to meet its water quality goals for Pleasant Bay and other watersheds in Town, such as the Herring River watershed. They can also be required for new development and therefore would address any concerns about additional nitrogen loading associated with buildout within the Town. Implementation would be relatively simple. The Town could adopt a Board of Health regulation or general bylaw requiring their use at the time of system inspection for an upgrade or real estate transfer. Alternatively their use could be incorporated into the Town's existing District of Critical Planning Concern. Their use in Brewster is discussed in the Alliance'stiraft Composite Nitrogen Management analysis. Further discussions are needed regarding their Implementation and whether or not the Town would participate in the financing of these septic system upgrades, perhaps through a State Revolving Fund (SRF) loan. Please note that the Alliance's draft composite analysis uses a slightly Nigher nitrogen reduction target for Brewster. They used a different nitrogen factor for residential fertilizer reductions. In addition, they incorporate the results from a 2010 MEP modeling scenario to evaluate the benefits of opening the Muddy Creek Bridge that altered the nitrogen reduction target for a portion of the Bay. The plan to use onsite nitrogen treatment systems can readily meet this higher load reduction target if necessary. z An overview of the main points contained in the draft Composite analysis for Pleasant Bay is summarized below: • All four towns basically meet their nitrogen reduction target for the Bay.Overall,the nitrogen reduction provided in the four towns' plans exceed the Bay-wide nitrogen reduction target. This is due in large part to the fact that Chatham's plan to sewer the entire town provides a nitrogen reduction in the watershed that is more than twice their required amount. • Approximately 25%of the nitrogen reduction is from non-traditional strategies such as shellfish harvesting and permeable reactive barriers. i • The implementation of the towns' plans will take place over the next 20-40 years. • Opportunities for joint projects and nutrient trading should be explored as they may provide cost effective ways to restore the Bay. 1 Ongoing Considerations Four topics are highlighted below for additional consideration as the watershed planning process moves forward. 1. The next step in the composite planningp ocess is the consideration of a watershed permit for Pleasant Bay, issued by the Massachusetts Department of Environmental Protection (DEP). The DEP is currently working with the Cape Cod Commission and other towns on Cape Cod to develop and test this process. The Commission has a role in determining if a proposed restoration plan is consistent with the 208 Watershed Management Plan i update completed in 2015. i 2. There may be options for joint projects or nutrient trading between Brewster and its neighboring towns as discussed in the draft composite analysis for Pleasant Bay. It could be possible to develop a joint shellfish management project that could benefit Brewster. The analysis also discusses the option of Brewster paying a neighboring town to sewer additional areas to offset nitrogen loads from Brewster. Further analysis and discussions are needed to determine if this is a cost effective option for the Town. i 3. Additional discussions on the financing of any additional plans are needed. The cost associated with Brewster's j plan will be significantly less than that needed for the neighboring towns, especially given the nitrogen reductions already in place at Captains Golf Course. If the onsite nitrogen systems are to be used, it would be helpful to have a discussion on who will pay for them. Will the town support the needed upgrades or will they be paid for by the property owners? If the Town is providing support,the zero interest financing from the SRF program could be considered. 4. Finally, there are potential linkages between the nitrogen treatment systems discussed here and the phosphorus treatment system designs currently under consideration by the Board of Health. Any town-based financing system could be used to support upgrades for both, helping to restore Pleasant Bay and the Town's numerous j ponds. Chris Miller, Director Brewster Department of Natural Resources cmiller@brewster-ma.gov 3 DHE Experimental leachfields GOBC for nitrogen removal — a MPROMOTE-PAOTEOT-SU PPORTO AMA homeowner 's guide If you are reading this,you inay be considering participation gas as the pluine passes through the barrier. After an extensive In a program that subsidizes the installation of a different review of all the information that is available our staff sought to type of so![absorption system (or leachfield)that putportedly adapt these techniques to Cape Cod's unique environment. removes nitrogen from wastewater as the septic tank effluent There were some fundamental changes that were necessary as percolates through It(a process called denitrification), revealed by a series of soil column experiments(small simulat- ed leachfields); however,these modifications seemed feasible. Under a grantfro in EPA,Barnstable County will he allowed to subsidize and install a number of these experimental sys- Three different designs of leachfield that incorporate sawdust tents at homes throughout Southern New England. A likely have been placed at MASSTC and are currently being tested on question by anyone considering this might be "How do these a weekly basis.One design mimics experiments conducted in systems differ front a standard leachfield?"and"What risk the early 90's by University of Waterloo Professor Will Robert- do las the homeowner take on by installing this system?" son. This design,illustrated below and contracted with a stand- ard septic system, introduces the same basic principle as the Thisfiyer attempts to answer some of these questions,but lit vertical barrier(PRB)previously discussed,but places the bar- thefinalanalysis,in the majority of instance there will be rier in a horizontal configuration directly below the leaching some risk. Whatfollows is Information by which you can component to intercept the nitrate-laden percolate. make a decision regarding whether the potential benefits outweighed those potential risks. Background Over the past five years researchers in various locations Standard Septic System around the country have been investigating whether incorpo- rating sawdust in various configurations while constructing a leachfield can enhance nitrogen removal by supplying this carbon source to support denitrification. These investigations I follow upon more-demonstrated techniques for using)vood- chips or sawdust for denitrification.For example,the NitreXTM system,a proprietary in-tank system,uses woodchips con- tained in a tank and held in an anoxic condition following ad- vanced treatment,thereby removing a high percentage of ni- Groundwater Flaw No,• No, No, trate from wastewater.Vertical reactive barriers(alternately called permeable reactive barriers or PRBs—illustrated below) have been used to mitigate nitrate by placing a column of woodchips as a permeable barrier that extends beneath the water table down-gradient to a groundwater plume containing Horizontal Permeable nitrate, This causes a reduction of nitrate to harmless nitrogen Reactive Barrier sawdust/slit mix 2 I - 4MA e ddalAfteld Sk 110w,tow res A A A 6 Q0 AM AM AM 'E leak U "I U"11 11ii j fMul: S-M GroundwaterFlow If you are considering participation in this program,you prob El Y b I have many questions. What follows is an attempt to an G rb'undmi'aWfloW swer the most commonly asked questions. r Question.What are the major differences between a standard remove nitrogen,it should continue to hydraulically perform. Given the conservative nature of the designs,it is not expected septic system and this alternative septic system? to fail hydraulically,however if it does,the owner will be re- Answer.The major components of a standard septic system sponsible for having a leachfteld that complies with regttla- include a septic tank(1500 gallon)and a gravity fed leaclifield (�500 sq.ft,), The alternative system has one added compo- tions which in some instances(see below)will mean addition- nent which is a pump chamber(1000 gallon)and a timed-dose al costs. electrical panel. Question: Is there anything a homeowner can do to mini- Question.Besides components,what are the other differences mize the risk? between a standard system and this alternative? Answer,Presently,we are proposing two main means of Answer. A standard system generally requires a deep excava- installing these systems.In the ideal situation we will install a tion(>5ft)for the leachfteld. In the simplest of these experi- fully-sized"standard"low pressure dosed leachfteld and a mental systems the wastewater is distributed in a shallow soil half sized leachfteld which is experimental(amended with elevation(<8"below the surface). This in itself may be found lignocellulose—see Figure A below).In this instance,if the to account for significant removal of nitrogen and phosphorus, experimental leachfteld experiences any hydraulic difficulties, Underneath the distribution network,there is 18 inches of sand, we could merely discontinue its use by turning a few valves beneath which is placed a layer of sand and sawdust mixed at and a fully sized"normal"leachfteld would be available for approximately a 60%sand to 40%by-volume.Not all potential use,incurring no inconvenience to the homeowner. designs can be described in detail here,but these are the gen- eral"layers"comprising this system. If a prospective participant was willing to sign a waiver,then Question, How much electricity does the system use? we would split a standard leachfteld in half,widening the area Answer.Assuming that the system will dose 10 times per day between the halves and using one side of the leachfteld as a and run three minutes per dose and a IkW pump and 18 cents/ standard and control system and the other as the test of the kWh(all very conservative assumptions),the cost of operation technology(See Figure B below).In situation"B"the home- would be less than$40/year, owner may have to replace that portion of the leachfteld that is Question. Are there any other costs associated with maintain- experimental. In this latter scenario,the homeowner is assum- ing the system that are beyond that of a"standard"system? ing the risk and there is no subsidy for the replacement of the Answer. Septic tank effluent is distributed to the leachfeld experimental portion of the system, using a low pressure distribution system which requires an an- Remember:This system,like any septic system,requires that nual maintenance visit/check. This may also require sampling the owners take standard precautions regarding excessive flow to verify that the system is still working to remove nitrogen An approximate costs for these systems'maintenance visit and due to leaks in the plumbing or allowing toxin chemicals to go down the drain.These may not only affect the nitrogen perfor- monitoring is$250/year, During the first two years of opera- tion,the costs of monthly monitoring is supported under the mance but may also results in an expensive repair bill. grant. Slundurd Icuchf,eldl,alf,vizcd Question. About how much does this sys- Standar-----c€--full-sized ,II1npCd•�rCSCrvC"1caC11liCld �_-_"""�""""""'""""--�---- -_..____..__-_--____-___' tem costs compared to a standard"Title 5" mlawl�r ol" -1— i 1Yidcllcci arca belwcet,Icst and , system. used aonor ea -_--'------------- -- i 1 cgp>rulp rtimsufleuch4e€sl 1 pnrlEon of leachfteld Answer. This depends on the situation, i however the materials cost difference is esti- mated at $6 000 which includes the pump --^""'-'-'-"'7 Celhdoze-nmrndrd Icarllfic€d halFsind � „ r 1 b chamber and electrical panel(and instal la- }` 10"° - tion)sand and sawdust purchase(no installs- ; Cclluloscanlcndcdleuch4e€dE,alf-ssz�� tion). O ' ----------------------- O Question. Is there a subsidy for installing this system under the grant? Figure A Figure B Answer. Yes,under the grant,up to$10,000 - of allowable design and construction money will be reimbursed For more information on this project and tJre various re- to all participants who present the receipts for work, search efforts,contact: Question. What happens if the system fails to remove nitro- George Heufelder,M.S.,R.S. gen to any degree. > Barnstable County Department of Health and Environment Answer.Since we will not be installing these systems in any Email:gheufeldeiC&fiartrstablecoutity.org areas presently regulated for nitrogen,if the system fails to Web:wwtu.barrtstablecoutttyhealilr,org