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Home My Public Portal AboutZoning Board of Appeals -- 2002-11-26 Minutes \\\\\\\\1 if W1JS oA Conservation Commission O 9 " D 2198 Main Street BREWSTER BICENTENNIAL = 0 � = 1 Brewster, Massachusetts 026314898 O " — `t (508) 896 -3701 Ext, 135 O F RPa ajeoo \\\\\ � FAX (508) 896 - 8089 //////l/�!t111tII (1111i110111\\ November 26, 2002 Brewster Zoning Board of Appeals Brewster Town Offices 2198 Main Street Brewster, MA 02631 Re : Peter Brandt and James Trainor, Lot #3 Commerce Park, Map 46, Parcel 41 Dear Members of the Board, The Conservation Commission has serious concerns regarding the repair of vehicles and the consolidated storage of automobiles within the wellhead protection area . The stormwater drainage on site is currently completely untreated and allowed to directly discharge on the surface and percolate into the ground and it is highly unlikely that any currently available treatment alternatives could provide the necessary protection to groundwater . No information has been provided to explain how the groundwater in this area could be adequately protected from releases of hazardous materials contained in vehicles and also used in repair facilities . It is unlikely that containment of this quantity of hazardous materials or any other structural preventative measures could adequately protect the valued drinking water resources in this area . In addition to the usual risk of hazardous material spills , fire or other catastrophic events could trigger the release of large quantities of hazardous materials . The Cape Cod Commission found in its " Costco " decision, which dealt with the storage of hazardous materials in a wellhead protection area, that containment was not an adequate means of protection for the drinking water resources . Although the applicant is proposing to drain gasoline from the vehicles before entering the site, there is no proposal to drain motor oil, brake fluid, gear oil, transmission fluid, or antifreeze. All of these substances are considered hazardous materials which would be stored on site, and would therefore pose a threat to ground water in this area . The Conservation Commission has spent considerable time with Mr . Brandt to allow appropriate storage of vehicles and hazardous materials on his current Underpass Road site, which is not in a wellhead protection area . The Conservation Commission does not feel that this use is consistent with the goal of protecting drinking water in the wellhead protection area. Sincerely , Stephen McKenna Conservation Commission Chairman of BAR CAPE COD COMMISSION O a 3225 MAIN STREET x P. O . BOX 226 BARNSTABLE , MA 02630 (508) 362-3828 SACHUS� FAX (508) 362-3136 E- mail : frontdesk@capecodcommission . org By Hand January 6 , 2003 Charles Sumner , Town Administrator Town of Brewster 2198 Main Street Brewster , MA 02631 - 1898 Dear Mr . Sumner: This letter is written in response to a request for technical assistance from your office concerning activities involving storage of hazardous materials in a Wellhead Protection District/Zone II . 1 offer the following comments as the Cape Cod Commission ' s (Commission ) Hazardous Waste Specialist . The 2002 Regional Policy Plan ( RPP ) contains Minimum Performance Standard ( MPS ) 4 . 3 . 1 . 3 which states that development and redevelopment that involves the use, treatment, generation, storage, or disposal of hazardous wastes or hazardous materials, with the exception of household quantities, shall not be allowed within Wellhead Protection Areas, Wellhead Protection Areas as mapped by the Commission consist of areas that contribute groundwater to existing public and community water supply wells , and are delineated by a consistent method and recognized by the Commission in conjunction with state standards for Zone Ils . The Regional Policy Plan defines hazardous materials broadly , and examples include but are not limited to petroleum products, solvents, oil-based paint, and pesticides . Hazardous materials do not include hazardous wastes ( hazardous wastes have their own definition in the RPP - see below) , tobacco products, wood products, foods, drugs, alcoholic beverages, cosmetics, and any hazardous material used by employees in the workplace in household quantities . Hazardous wastes are defined by the 2002 RPP as any waste material as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR Section 30, 010. They include , but are not limited to , waste oil , waste solvents , waste oil - based paint , and waste pesticides . The Regional Policy Plan defines a household quantity as any or all of the following : t"J 2 ( a) 275 gallons or less of oil on site at any time to be used for heating of a structure or to supply an emergency generator ; and ( b) 25 gallons ( or the dry weight equivalent) or less of other hazardous materials on site at any time , including oil not used for heating or to supply an emergency generator; and ( c) a quantity of hazardous waste at the Very Small Quantity Generator level as defined in the Massachusetts Hazardous Waste Regulations , 310 CMR Section 30 , 353 , Based on these definitions , my experience in reviewing many Developments of Regional Impact ( DRI ) as a staff member with the Commission since 1992 indicates that a variety of land uses and activities could involve the use, treatment, generation, storage, or disposal of hazardous materials and hazardous wastes . This includes , but is not limited to supermarkets , golf courses , automobile garage/repair shops , woodworking shops , furniture refinisherers , computer manufacturers , software manufacturers , plastics fabrication companies , metal finishers , boat yards and self- storage facilities . Given this , it is not surprising that projects that come to the Commission for review are analyzed for consistency with MPS 4 . 3 . 1 . 3 . This MPS is one of the most powerful tools the Commission has to maintain the overall quality and quantity of Cape Cod 's groundwater to ensure a sustainable supply of untreated high - quality drinking water and to preserve and restore the ecological integrity of marine and fresh surface waters . ( Regional Policy Plan , Goal 2 . 1 . 1 ) . This is because Minimum Performance Standard 4 . 3 . 1 . 3 provides a higher level of protection to Cape Cod ' s groundwater than does just relying on administrative controls (such as spill prevention training , hazardous materials or waste handling/management procedures , or emergency response/spill control actions) , or engineering controls ( like containment structures or not having floor drains) . At the same time , the 2002 Regional Policy Plan recognizes the importance and value of such administrative and engineering controls in Minimum Performance Standards 4 . 3 . 1 . 1 , 4 . 3 . 1 . 2 , and 4 . 3 . 1 . 4 . The Commission ' s review of DRIs also seeks to ensure that they make reasonable efforts to minimize hazardous material use and/or waste generation , adhere to the Massachusetts Hazardous Waste Regulations , and prepare an emergency response plan that identifies potential threats to employee safety and health and threats of environmental releases and describes ways to reduce those threats . At the same time , I would note that in addition to the Regional Policy Plan , Title 3101 Section 22 of the Code of Massachusetts Regulations (310 CMR 22 . 00) seeks to protect public groundwater and drinking water supplies by prohibiting certain land uses 3 and activities from being located in Wellhead Protection Areas/Zone II areas . This is the section of the Massachusetts Code that deals with bringing new public water systems on line . Title 310 , Section 22 prohibits landfills, automobile graveyards and junkyards, and facilities that generate, treat, store or dispose of hazardous waste except for those classified as Very Small Quantity Generators in Wellhead Protection Districts/Zone II areas . [ Note : Words in italics refer to specific defined terms in Title 310 , Section 22] . I believe that the Regional Policy Plan is stricter and broader in scope that the language in 310 CMR 22 . 00 , but the goal of the two is complimentary : ensuring the overall quantity and quality of public drinking water. The issue of restricting certain land uses and/or activities that use , treat , generate , store , or dispose of hazardous wastes or hazardous materials from locating areas of towns that are also Wellhead Protection Districts/Zone II areas is one that all Cape Cod municipalities must struggle with . It is not an easy one , but it is one that I would urge any Town board to take seriously . I hope this provides you with some guidance . Please contact me if you have any questions , or if I can be of further assistance . I would also be willing , as my schedule allows , to attend a meeting of the Board of Selectmen , or other local board , if you think that would be helpful . Sincerely , Andrea Adams Planner/Hazardous Waste Specialist Cc : Elizabeth Taylor, Brewster Commission Member