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HomeMy Public PortalAboutPlanning Board Packet 08/25/21Planning Board Paul Wallace Chair Charlotte Degen Vice Chair Madalyn Hillis -Dineen Clerk Roberta Barrett Amanda Bebrin Mark Koch Elizabeth Taylor Town Planner Ryan Bennett Senior Department Assistant Lynn St. Cyr This meeting will be conducted by remote participation pursuant to Chapter 20 of 1he-Acts of 2021. No in-person meeting attendance will be permitted, If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livesiream (liveslream brewsier- ma. ov , or Video recording (tv.brewster-ma.srov). Meetings may be Joined by: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID; 8410778 1002, Passcode: 612505. To request to speak: Press '9 and wait to be recognized. 2. Zoom Webinar: htto7,:/1us02web.zoom us/ri$4107781002?owd=VTVSV1E3KaUNCL253NmNZV2iGdmo4dzo9 Passcode: 612505. To request to speak: Tap Zoom "Raise Hand" button or type "Chat" comment with your name and address, then wait to be recognized. The Planning Board packet can be found at: htt ://records brewster-ma oviweblink/01iol/918269/Rowi.as x or by going to the Planning Department page on the Town of Brewster website (www.brewster-ma.gov}. 1. Call to Order. 2. Declaration of a Quorum. 3. Meeting Participation Statement. 4. Citizen's Forum. Members of the public are invited to address the Planning Board during this time. The Planning Board asks that a 3 minute maximum comment period be respected by the speaker. In order to avoid any possible interpretation of a violation of the Open Meeting Law, the PIanning Board will not provide comment in return to the speaker, however the item may be moved to a future agenda if discussion is deemed warranted. 5. .Review and discuss proposed General Bylaw and Planning Board Regulations for Stormwater Management. 6. Review and discuss proposed amendments to the Water Quality Protection District Zoning Bylaw (Chapter 179, Article XI). 7. Approval of Meeting Minutes: August 11, 2021. 8, For Your Information. 9. Matters Not Reasonably Anticipated by the Chair. 10. Next Meetings: September 8, 2021 and September 22, 2021. 11. Adjournment. Date Posted: Date Remised: Received by Town Clerk: 08/18/21 DREW Lr, 4 t,r LF :l�.i •1,ED, ;. Town of Brewster Planning Board VtFWS`.u,,, 2198 Main St., Brewster, MA 02631 =1g40Eq BqF $ brewplan@brewster-ma.gov ZQ �u (508) 8%-3701 x1133 IMEE I MEETING AGENDA August 25, 2021 at 6:30 PM (Remote Participation Only) Planning Board Paul Wallace Chair Charlotte Degen Vice Chair Madalyn Hillis -Dineen Clerk Roberta Barrett Amanda Bebrin Mark Koch Elizabeth Taylor Town Planner Ryan Bennett Senior Department Assistant Lynn St. Cyr This meeting will be conducted by remote participation pursuant to Chapter 20 of 1he-Acts of 2021. No in-person meeting attendance will be permitted, If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livesiream (liveslream brewsier- ma. ov , or Video recording (tv.brewster-ma.srov). Meetings may be Joined by: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID; 8410778 1002, Passcode: 612505. To request to speak: Press '9 and wait to be recognized. 2. Zoom Webinar: htto7,:/1us02web.zoom us/ri$4107781002?owd=VTVSV1E3KaUNCL253NmNZV2iGdmo4dzo9 Passcode: 612505. To request to speak: Tap Zoom "Raise Hand" button or type "Chat" comment with your name and address, then wait to be recognized. The Planning Board packet can be found at: htt ://records brewster-ma oviweblink/01iol/918269/Rowi.as x or by going to the Planning Department page on the Town of Brewster website (www.brewster-ma.gov}. 1. Call to Order. 2. Declaration of a Quorum. 3. Meeting Participation Statement. 4. Citizen's Forum. Members of the public are invited to address the Planning Board during this time. The Planning Board asks that a 3 minute maximum comment period be respected by the speaker. In order to avoid any possible interpretation of a violation of the Open Meeting Law, the PIanning Board will not provide comment in return to the speaker, however the item may be moved to a future agenda if discussion is deemed warranted. 5. .Review and discuss proposed General Bylaw and Planning Board Regulations for Stormwater Management. 6. Review and discuss proposed amendments to the Water Quality Protection District Zoning Bylaw (Chapter 179, Article XI). 7. Approval of Meeting Minutes: August 11, 2021. 8, For Your Information. 9. Matters Not Reasonably Anticipated by the Chair. 10. Next Meetings: September 8, 2021 and September 22, 2021. 11. Adjournment. Date Posted: Date Remised: Received by Town Clerk: 08/18/21 DREW Lr, 4 t,r LF :l�.i •1,ED, ;. STORMWATER MANAGEMENT PROPOSED GENERAL BYLAW PLANNING BOARD REGULATIONS Chapter 272 Stormwater Management Bylaw § 272-1. Purpose and Objectives A. The purpose of this Bylaw is to protect, maintain, and enhance public health, safety, environment, and general welfare of the Town by preventing or diminishing adverse effects of construction -site and post -construction stormwater runoff. Proper management of stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the health, safety, environment, and general welfare of the public, protect water and aquatic resources, protect and enhance wildlife habitat, and promote groundwater recharge to protect surface and groundwater drinking supplies. This Bylaw seeks to meet that purpose through the following objectives: (1) Establish minimum stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; (2) Encourage the use of nonstructural stormwater management, better site design, and low impact development practices such as preserving natural resources and open space, reducing impervious surface area, and increasing infiltration; (3) Establish provisions for the long-term responsibility for, and maintenance of, structural stormwater control facilities and nonstructural stormwater best management practices to ensure that they continue to function as designed and pose no threat to public safety; (4) Establish provisions to ensure there is an adequate funding mechanism, including surety, for the proper review, inspection, and long-term maintenance of stormwater facilities implemented as part of this Bylaw; (5) Establish the Town of Brewster's legal authority to ensure compliance with the provisions of this bylaw through permitting, inspection, monitoring, and enforcement; and (6) Comply with state and federal statutes and regulations relating to stormwater discharges including Total Maximum Daily Load requirements and with the General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts (MS4 Permit), issued by the U.S. Environmental Protection Agency and the Massachusetts Department of Environmental Protection. § 272-2. Definitions The following definitions shall apply in the interpretation and implementation of this Bylaw. Additional definitions may be adopted by separate regulation. ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, force, direction, timing, or location of runoff flowing from the area. Such changes include; change from distributed runoff to confined or discrete discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and DRAFT August 1 i, 2021 Page 1 of l0 change in the recharge to groundwater on the area. APPLICANT: Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision, of the Commonwealth or the Federal government, to the extent permitted by law, requesting a Land Disturbance Permit or Administrative Land Disturbance Approval. BEST MANAGEMENT PRACTICE (BMP): Schedules of activities, practices (and prohibitions of practices), structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to Waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended. CLEARING: Any activity that removes the vegetative surface cover. COMMON PLAN OF DEVELOPMENT: - A 'larger common plan of development or sale" is contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. IMPERVIOUS SURFACE: Any surface that prevents or significantly impedes the infiltration of water into the underlying soil. This can include but is not limited to: roads, driveways, parking areas and other areas created using nonporous material; buildings, rooftops, structures, solar panels, artificial turf, and compacted gravel or soil. INFILTRATION: The act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site. LAND DISTURBANCE ACTIVITY: Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; involves clearing, grading, or excavating, including grubbing; or results in an alteration of drainage characteristics. LOW IMPACT DEVELOPMENT (LID): site planning and design strategies that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm DRAFT August 17.2021 Page 2 of 10 drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Brewster. NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not previously been developed to include impervious surface. OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed. OWNER: A person with a legal or equitable interest in property. PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. RECHARGE: The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil. RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected, filed with the recorder of the Land Court of Massachusetts. REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land alteration, or phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: The areal extent of construction and land disturbance activities, including but not limited to the creation of new impervious surface and improvement of existing impervious surface. STORMWATER AUTHORITY: The Town of Brewster Planning Board or its authorized agent(s), acting pursuant to this Bylaw to administer, implement, and enforce this Bylaw and to adopt regulations pursuant to it. STORMWATER PERMIT: A permit issued by the Stormwater Authority, after review of an application, plans, calculations, and other supporting documents, in accordance with the provisions of this Bylaw. TOTAL MAXIMUM DAILY LOAD (TMDL): A regulatory plan (authorized by the Clean Water Act) that identifies the amount of a pollutant that a waterbody can assimilate without exceeding its water quality standard for that pollutant. WATERCOURSE: A natural or man-made channel through which water flows or a stream of water, including a river, brook, or underground stream. WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, groundwater, and Waters of the United States as defined under the Federal Clean Water Act as hereafter amended. DRAFT Augusl 17, 2021 Page 3 of 10 § 272-3. Authority This Bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Massachusetts home rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34. § 272-4. Administration A. The Stormwater Authority shall administer, implement, and enforce this Bylaw. Any powers granted to or duties imposed upon the Stormwater Authority may be delegated in writing by the Stormwater Authority to its employees or agents. B. The Brewster Planning Board shall be the Stormwater Authority. For projects that fall; ntirety within the jur]sdiction of the Brewster Wetlands Protection,Bylaw Commented ILKt]: For discussion with Conservation — (Brewster General Bylaw Chapter 172), the Planning Board shall delegate entirety or partially? authority to the Conservation Commission to implement and enforce this Bylaw. C. This Bylaw is not intended to interfere with, abrogate, or annul any other Town of Brewster bylaw, rule or regulation, statute, or other provision of law. The requirements of this Bylaw should be considered minimum requirements, and where any provision of this Bylaw imposes restrictions different from those imposed by any other bylaw, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence, § 272-5. Kpplicabiiity{ A Stormwater Permit shall be required for any of the following, except for an activity exempted under Section 6 of chis Bylaw: A. Any land disturbance activity that will disturbI10,000 square feet or more _or smaller land disturbance activities that are part of a larger common plan of alteration or development that will disturb 10,000 square feet or more; B. Any new development or redevelopment that will result in a net increase in impervious surface area by 500 square feet or more, or smaller activities that are part of a larger common plan of alteration or development that will result in a net increase in impervious surface area by 500 square feet or more; or C. Any land disturbance activity, new development, or redevelopment that,',over a two-year perioe, will result _in_a cumulative land disturbance of more than 10,000 square feet andlor a cumulative net increase in imperyious surface area of more than 500 square feet to land that is part of a larger parcel held in common ownership or control at any time since said date, For the purposes of this Section, ownership by related or jointly controlled persons or entities shall be considered common ownership. In such cases, the new activity is prohibited until either: (1) All activities that previously disturbed land and/or increased impervious surface area as described in this Section are brought into full compliance with the requirements and standards of this Bylaw, or (2) The application for permit under this Bylaw for the new activity includes bringing the land previously disturbed and/or the impervious surface area DR07 kfgus117, 2021 Page 4 of IQ 1 Commented ILK2]: Note that the MS4 Permit requires stormwater management regulations for land disturbances I acre. Lower thresholds are intended to mitigate local stormwater impacts; for example, prevent incremental increases to impervious area that cumulatively generate significant increase in nmoffand pollutant loads, thus impacting municipal drainage, neighboring properties, and water quality. Commented ILK3]: For discussion. This threshold is consistent with StalrReview Bylaw for clearing of vegetation. Definition of "land disturbance activity" includes clearing and grubbing. Commented ILK4]: For discussion. This threshold is consistent with Site Plan Review and Staff Review (increase of floor area by 500 sp. Note that additions and modifications to existing single- and two-family residential properties will be eligible for minor permits, which will have asimplified permitting process and milder performance stndards Commented ILK5]: "the intent of this provision is to require stormwater controls for a series ofactivities that individually fall below the applicability thresholds but cumulatively generale slorrnwaler impacts. For example, paving 450 sq,a. one year and 450 sq.a. the next year. Two years was selected as a reasonable time period for tracking. previously increased into full compliance with the requirements and standards of this Bylaw. If the involved land is not currently held in common ownership, all owners of the involved land must jointly apply for the permit. D. A development or alteration of land shall not be segmented or phased in a manner to avoid compliance with this Bylaw. § 272-6. Exemptions The following activities are exempt from the requirements of this Bylaw, provided that such activities utilize the best practical measures to avoid any negative impacts on stormwater quality, runoff rate, and volume. A. Any work or projects for which all necessary approvals and permits, including building permits, have been issued before the effective date of this Bylaw. B. Maintenance and improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act regulation 310 CMR 10.04. C. Maintenance of existing landscaping, gardens, or lawn areas associated with a residential dwelling conducted in such a way as to not cause a nuisance. D. Construction of fencing that will not substantially alter existing terrain or drainage patterns. E. Construction of utilities other than drainage (gas, water, electric, telephone, etc.) that will not alter terrain, ground cover, or drainage patterns or result in discharge of sediment or other pollutants to the MS4 or to a Watercourse or Waters of the Commonwealth. F. Emergency repairs to existing utilities (gas, water, electric, telephone, drainage, etc.) or emergency repairs to any stormwater management facility that poses a threat to public health or safety, as determined by the Stormwater Authority. G. Maintenance or resurfacing (not including reconstruction) of an existing public or private way, parking area, or driveway, provided that such activity does not increase impervious surface area and that resurfacing does not disturb the pavement subbase. § 272-7. Stormwater Management Regulations A. The Stormwater Authority shall promulgate and periodically amend Stormwater Management Regulations relating to the terms, conditions, definitions, enforcement, fees (including application, inspection, and/or consultant fees), delegation of authority, procedures, and administration of this Bylaw. Failure of the Stormwater Authority to issue such regulations, or a legal declaration of their invalidity by a court, shall not act to suspend or invalidate the effect of this Bylaw. B. The Stormwater Authority may establish a Minor Stormwater Permit for specific activities. DRAFT August 17. 2021 Page 5 of 1 o (1) The purpose of the Minor Stormwater Permit is to simplify the permitting process under this Bylaw by waiving certain submission requirements, provided a set of predetermined eligibility criteria and performance standards are met. (2) The eligibility criteria, performance standards, and submission requirements for Minor Stormwater Permits shall be outlined in the Stormwater Management Regulations promulgated in accordance with this Bylaw. (3) Eliibility for Minor Stormwater Permits shall include, but not be limited to, rations and modifications to existing single- and two-family residential propertied. (4) The Stormwater Authority may allow Minor Stormwater Permits to be approved by one or more agents of the Stormwater Authority rather than by a majority of Stormwater Authority members. C. The Stormwater Authority may establish criteria, procedures, and standards for off-site compliance with post -construction stormwater management performance standards established in the Stormwater Management Regulations promulgated under this Bylaw. § 272-8. Performance Standards A. Performance standards shall be defined as part of the Stormwater Management Regulations promulgated under this Bylaw. B. Unless specifically altered by this Bylaw or its regulations, the Stormwater Authority will use the latest accepted versions of the Massachusetts Stormwater Management Regulations as contained in the Massachusetts Wetlands Protection Act Regulations at 310 CMR 10.05 (6)(k) and the Massachusetts Stormwater Handbook as issued by the Massachusetts Department of Environmental Protection for criteria, policy, standards, stormwater systems design and engineering, compliance documentation requirements, and general information for the execution of the provisions of this Bylaw. C. Unless specifically altered in this Bylaw and its regulations, the Stormwater Authority shall presume that stormwater management practices designed, constructed, and maintained in accordance with the Massachusetts Stormwater Management Handbook meet the performance standards of this Bylaw. For requirements that are inconsistent between the Massachusetts Stormwater Management Handbook and the M84 Permit, the Stormwater Authority will enforce the more stringent of the requirements. § 272-9. Procedures A Stormwater Permit must be obtained prior to the commencement of any construction or land disturbance activity for which such a permit is required. An applicant seeking a permit shall rile an appropriate application with the Stormwater Authority in a form and containing information as specified in this Bylaw and in regulations adopted by the Stormwater Authority. DRAFT Arrgusl 17, 2021 Page 6 of 10 Commented ILK6]: Eligibility is further defined in the regulations. B. Each application must be accompanied by the appropriate application fee as established by the Stormwater Authority. Applicants shall pay the application fee before the review process commences. The Stormwater Authority is authorized to retain a Registered Professional Engineer (PE) or other professional consultant to advise the Stormwater Authority on any or all aspects of the application and/or the project's compliance with conditions of a Stormwater Permit. The Stormwater Authority may require the applicant to pay reasonable costs to be incurred by the Stormwater Authority for the employment of outside consultants pursuant to Stormwater Authority regulations as authorized by M.G.L. c. 443 § 53G. C. To obtain a Stormwater Permit, the applicant must show that site design, construction -sits stormwater management, and post -construction stormwater management will meet the standards established by the Stormwater Authority in its regulations, which shall be at least as stringent as the relevant requirements of the MS4 Permit and the Massachusetts Stormwater Handbook. D. The Stormwater Permit shall include measures to ensure adequate long-term operation and maintenance of stormwater management design features and BMPs. E. The Stormwater Authority may impose requirements, including but not limited to the following; (1) A requirement that funds for future operation and maintenance be set aside in a dedicated fund or escrow account; (2) A permanent permit condition requiring compliance with an Operation and Maintenance Plan; (3) A permanent permit condition requiring that the property owner submit an annual report or certification regarding operation and maintenance; (4) A requirement to record the Operation and Maintenance Plan (or notice thereof); (5) A requirement that a legal instrument be put in place establishing responsibility for operation nand maintenance of a stormwater BMP serving more than one lot; and (6) A requirement that an easement be recorded allowing the Town to access a stormwater BMP to remedy any operational failure or maintenance problem. § 272-10. Consent to Entry onto Property By signing the permit application, the Applicant consents to the entry of members of the Stormwater Authority or its authorized agents on the property while the application is under review to verify the information in the application, and at any time after a Stormwater Permit is issued to inspect for compliance with Stormwater Permit conditions. § 272-11. Inspection and Site Supervision The Stormwater Authority or its designated agent shall make inspections to verify and document compliance with the Stormwater Permit. DRAFT Angusr 17, 2021 Page 7 of 10 Commented ILK71: Question for Town Counsel cart the Stormwater Authority require owners to record the Stormwater Permit, or only the O&M Plae? § 272-12. Surety The Stormwater Authority may require the applicant to post before the start of land disturbance or construction activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by the Stormwater Authority and he in an amount deemed sufficient by the Stormwater Authority to ensure that the work will be completed in accordance with the permit. If the project is phased, the Stormwater Authority may release part of the bond as each phase is completed in compliance with the permit. If the permittee defaults on any obligations imposed by the Stormwater Permit, the Stormwater Authority may (after notification of the permittee) inform the holder of the security (and the municipal treasurer if the treasurer is not holding the funds) of the default, in which eventkhe Town shall be entitled to the security funds{ § 272-13. Waivers F. The Stormwater Authority, or its authorized agent, may waive strict compliance with any requirement of this Bylaw if it finds that: (1) Application of some of the requirements is unnecessary or impracticable because of the size or character of the development activity or because of the natural conditions at the site; (2) The project is consistent with the purposes and intent of this Bylaw; and (3) The project provides substantially the same level of protection to the public health, safety, environment, and general welfare of the Town as required by this Bylaw. G. Any person seeking a waiver shall submit a written waiver request. Such a request shall be accompanied by an explanation or documentation supporting the waiver request. H. Waiver requests, except those for activities eligible for Minor Stormwater Permits, shall be discussed and voted on at a public hearing for the project. 1. Waiver requests for Minor Stormwater Permits may be approved by one or more agents of the Stormwater Authority rather than by a majority of Stormwater Authority members. J. If in the opinion of the Stormwater Authority or its authorized agent, additional time or information is required for review of a waiver request, the Stormwater Authority may continue a hearing to a date announced at the meeting. In the event the Applicant objects to a continuance or postponement, or fails to provide requested information, the waiver request shall be denied. § 272-14, Enforcement The Stormwater Authority or its authorized agent shall enforce this Bylaw, and any associated regulations, orders, violation notices, and enforcement orders and may pursue all civil and criminal remedies for such violations. A. Criminal and Civil Relief. (1) Any person who violates the provisions of this Bylaw, or any associated DRAFTAugusr 17, 2021 Page 8 of !0 Commented [LK81: Note for Town Counsel: In the event of a default, the security funds go Into the Town's general fund, to be appropriated by Town Meeting. If the Town wants to have the security funds go to a special accaunt from which the Stormwater Authority can make expenditures to fix problems created by default, It may use the provisions of M.G.L, c. 44, 4536%. If the Town wishes to do so, it should have town counsel draft this section of the bylaw to Incorporate the requirements of that statute. Commented [RB9R8]:Goodloknow. Lets' keeplhis option on the table for discussion with town policy makers regulations, permit, or order issued thereunder, may be subject to criminal penalties and prosecution in a court of competent jurisdiction and/or a fine of not more than $300 per violation. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. (2) The Stormwater Authority may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. B. Orders. (3) The Stormwater Authority or its authorized agent may issue a written order to enforce the provisions of this Bylaw or any associated regulations or permit. Violations include, without limitation, failure to obtain a Stormwater Permit for an activity subject to this Bylaw, or failure to follow the requirements of a Stormwater Permit, or any other authorization issued pursuant to this Bylaw or regulations issued hereunder. The written order may require the violator to remediate the non-compliance and/or any adverse impact caused by it, including without limitation: (a) A requirement to cease and desist from the land -disturbing activity until there is compliance with this Bylaw and provisions of the Stormwater Permit or other authorization; (b) Maintenance, installation, or performance of additional erosion and sediment control measures; (c) Monitoring, analyses, and reporting; (d) Remediation of erosion and sedimentation resulting directly or indirectly from the land -disturbing activity; (e) Construction, reconstruction, repair, or maintenance of stormwater BMPs or any other aspect of the post -construction stormwater management system; (f) Remediation of adverse impacts resulting from improper construction or operation of the post -construction stormwater management system; and/or (g) A requirement to eliminate discharges, directly or indirectly, into the MS4, a watercourse, or into the Waters of the Commonwealth. (4) If the Stormwater Authority or its authorized agent determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further provide that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town of Brewster may, at its option, undertake such work, and expenses thereof shall be charged to the violator. DRAFTAugust 17,1011 page 9 of to (5) Within 30 days after completing all measures necessary to abate the violation or to perform remediation; the violator and the property owner will be.notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Stormwater Authority within 30 days of receipt of the notification of the costs incurred., if the amount due is not received by the expiration of the time in ------------------------- - which to file a protest or within 30 days following a decision of the Stormwater Authority arming or reducing the costs, or from a final decision of a court of competent jurisdiction affirming or reducing the costs, the costs shall constitute a municipal charge for purposes of M.G.L. c.40, §58, and a lien may be imposed on the property for the amount of the unpaid charge, pursuant to M.G.L. c.40, §58. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in M.G.L. c. 59 § 57 on the 31 st day after the costs first become due. Commented lLKtO]: Request Town Counsel review of appropriate mechanism(s) for appeals and written protest, given [hat permit approval and enforcement may he by Planning Board, Conservation Commission, or building inspector. C. Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in M.G.L. c. 40, § � iD; in which case designated agents of the stormwater Commented ILK11]: Add reference to relevant local Authority shall be the enforcing persons. The penalty for the first violation shall bylaw, ifapphcable be a warning. The penalty for the second violation shall be $100. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. D. Entry to perform duties under this Bylaw. To the extent permitted by local, state or federal law, or if authorized by the owner or other party in control of the property, the Stormwater Authority, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this Bylaw and regulations and may make or cause to be made such examinations, surveys or sampling as the Stormwater Authority deems reasonably necessary. E. Appeals. The decisions or orders of the Stormwater Authority shall be final. Further relief shall be appealed to a court of competent jurisdiction. F. Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state, or local law. § 272-15. Severability The provisions of this Bylaw are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this Bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the Other provisions or application of this Bylaw. DRAFT Augusl 17, 2021 Page 10 ojlo Town of Brewster Stormwater Management Regulations Table of Contents Section1. Purpose........................................................................................................................2 Section2. Definitions...................................................................................................................2 Section3. Authority..................................................................................................................... 2 Section4. Applicability ................................................................................................................ 2 Section5. Administration............................................................................................................ 3 Section 6. Performance Standards................................................................................................ 8 Section 7. Construction Inspections........................................................................................... 13 Section S. Long -Term Operation and Maintenance .................................................................. 14 Section9. Surety ......................................................................................................................... 16 Section10. Severability................................................................................................................ 16 AppendixA. Definitions........................................................................................................... 17 Appendix B. Stormwater Management Plan Checklists........................................................... 21 AppendixC. Fee Schedule....................................................................................................... 29 Town of BrewsterSlormwaler Management Regulations DRAFT August 20, 1021 Page ! of 29 Section 1. Purpose The purpose of these Regulations is to protect, maintain, and enhance public health, safety, environment, and general welfare by establishing minimum requirements and procedures to mitigate the adverse effects of storntwater runoff, decreased groundwater recharge, erosion and sedimentation, and nonpoint source pollution, as more specifically addressed in the Town of Brewster Stormwater Management Bylaw (Chapter 272). Section 2. Definitions 2.1. The definitions contained herein apply to the Brewster Stormwater Management Bylaw and the Regulations adopted thereunder. Terms not defined in this section shall be construed according to their customary and usual meaning unless the context indicates a special or technical meaning. 2.2. Defmitions are provided in Appendix A of these Regulations. Section 3. Authority 3.1. The regulations contained herein have been adopted by the Stormwater Authority in accordance with § 272-7 of the Stormwater Management Bylaw. 3.2. Pursuant to § 272-4 of the Stormwater Management Bylaw, the Brewster Planning Board is the Stonnwater Authority. For projects that fall �entirelj Within the jurisdiction of the_--_ Commented [LK7]: For discussion wish Conservation Brewster Wetlands Protection Bylaw (Chapter 172), the Planning Board shall delegate authority to the Conservation Commission to administer, implement, and enforce these regulations. 3.3. The Stormwater Authority may periodically amend these regulations pursuant to § 272-7 of the Stormwater Management Bylaw. 3.4. Nothing in these Regulations is intended to replace or be in derogation of the requirements of any other Brewster bylaw. These Regulations should be considered minimum requirements, and where any provision of these Regulations impose restrictions different from those imposed by any other bylaw, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. Section 4. Applicability All activities subject to the Stormwater Management Bylaw (as set forth in § 272-5 of the Stormwater Management Bylaw) shall obtain a Stormwater Permit before commencing construction or land -disturbance activities. The following criteria shall apply for determining eligibility for Minor Stormwater Permit and Major Stormwater Permit categories: 4.1. �MinorStormwater Permij ___ _ _ ___ __ _ ___ ___ Commented [LK2]:Activities and ttuesliotdsare for discussion. J Town of Brewsler Slornrwater Management Regrtlaltans DRAFT Arrgns120, 2021 Page 2 of 29 A. Any combination or series of the following activities that, over a two-year period, will result in a net increase in impervious area of 500 square feet to 2,000 square feet and/or will result in land disturbances of 10,000 square feet to 20,000 square feet; (1) Additions and modifications to existing single- or two-family dwellings, excluding demolition and replacement of dwellings and conversion of dwellings to non-residential use. (2) Construction or expansion of impervious surfaces on existing single- or two- family residential properties, including but not limited to accessory structures, driveways, walkways, swimming pools, raised decks, and patios. 4.2. Major Stormwater Permit A. Any alteration, disturbance, development, or redevelopment that does not meet the eligibility criteria for Minor Stormwater Permit. Section 5. Administration 5.1. Stormwater Permit applications shall be administered as follows: A. Minor Stormwater Permit applications shall be reviewed and acted upon the Designated Agent of the Stormwater Authority. The Town Planner, Conservation Agent, or Building Commissioner shall be the Designated Agent), depending on the Commented [lK3]: Note that Minor Permit applications other reviews and approvals to which the project is subject. Review by the Stormwater I 'U be reviewed administratively and do not require apublic Authority is not required for Minor Stormwater Permits. hearing by the Stormwater Authority. B. Major Stormwater Permit applications shall be reviewed and acted upon by the Stormwater Authority. 5.2. Application Procedures A. The Applicant shall submit to the Stormwater Authority or Designated Agent a completed'application for a Stormwater Permit. The Stormwater Permit Application package shall include; (1) A completed Application Form with original signatures of all property owners; (2) One digital copy and two (2) printed copies of the Stormwater Management Plan, prepared in accordance with the Stormwater Management Plan Checklist in Appendix B of these Regulations; and (3) Payment of the Application Fee. B. The Stormwater Authority or Designated Agent shall make a determination as to the completeness of the application and adequacy of the materials submitted. No review shall take place until the application is determined complete. 5.3. Fees A. Each application shall be accompanied by the appropriate Appltcation Fee, as detailed in Appendix C of these Regulations. Town of BrewsterStormwaierManagement Regulations DRAFTAugust 20, 2021 Page 3 of29 B. The Stormwater Authority may, at the Applicant's expense, retain a registered Professional Engineer (PE) or other professional consultant to advise the Stormwater Authority on any or all aspects of the Application. (1) Purpose. As provided by M.G.L. Ch. 44 §53G and the Stormwater Management Bylaw, the Stormwater Authority may impose reasonable fees for the employment of outside consultants, engaged by the Stonmwater Authority, for specific expert services to assist the Stormwater Authority in its review of applications for Stormwater Permits and oversight of permit compliance. (2) Special Account. Funds received pursuant to these Regulations shall be deposited with the municipal treasurer, who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Stormwater Authority without further appropriation as provided in M.G.I.. Ch. 44 §53G. Expenditures from this account shall be made only in connection with a specific project or projects for which a consultant fee has been collected from the applicant. Expenditures of accrued interest may also be made for these purposes. (3) Consultant Services. Specific consultant services may include, but are not limited to, technical or legal review of the permit application and associated information, on-site monitoring during construction, or other services related to the project deemed necessary by the Stormwater Authority. The consultant shall be chosen by, and report only to, the Stormwater Authority or its staff. (4) Notice. The Stormwater Authority shall give written notice to the Applicant of the selection of an outside consultant. Such notice shall state the identity of the consultant, the amount of the fee to be charged to the applicant, and a request for payment of said fee in its entirety. Such notice shall be deemed to have been given on the date it is mailed or delivered. No such costs or expenses shall be incurred by the Applicant if the application or request is withdrawn within five days of the date notice is given. (5) Payment of Fee. The fee must be received prior to the initiation of consulting services. The Stormwater Authority may request additional consultant fees if the review requires a larger expenditure than originally anticipated or new information requires additional consultant services. Failure by the Applicant to pay the consultant fee specified by the Stormwater Authority within ten (10) business days of the request for payment, or refusal of payment, shall be cause for the Stormwater Authority to deny the application based on lack of sufficient information to evaluate whether the project meets applicable performance standards. An appeal stops the clock on the above deadline; the countdown resumes on the first business day after the appeal is either denied or upheld. (6) Appeals. The Applicant may appeal the selection of the outside consultant to the Board of Selectmen, who may only disqualify the outside consultant selected on the grounds that the consultant has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist of either an educational degree or three or more years of practice Town ofBrewsrer Stormware) Management Regulations DRAFT August 20, 2021 Page 4 of24 in the field at issue or a related field. Such an appeal must be in writing and received by the Board of Selectmen and a copy received by the Stormwater Authority, so as to be received within ten (10) days of the date consultant fees were requested by the Stormwater Authority. The required time limits for action upon the application shall be extended by the duration of the administrative appeal. (7) Return of Unspent Fees. When the Stormwater Authority's review of a permit application and oversight of the permitted project is complete, any balance in the special account attributable to that project shall be returned within 30 days. The excess amount, including interest, shall be repaid to the Applicant or the Applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an Applicant's successor in interest shall provide the Stormwater Authority with appropriate documentation. A final report of said account shall be made available to the Applicant or Applicant's successor in interest. 5.4. Right of Entry Filing an application for a permit grants the Stormwater Authority or its agent permission to enter the property to verify the information in the application and to inspect for compliance with permit conditions. During the application process, the Stormwater Authority, its employees and agents (including consultants) may conduct site visits of the project site to review information presented in the application. 5.5. The Water Quality Review Committee will provide comments on Major Stormwater Permit applications for those projects that require a Special Permit under the Water Quality Protection District (Chapter 179, Article XI). 5.6. Public Hearings A. A public hearing is not required for Minor Stormwater Permit applications. B. For Major Stormwater Permit applications, the Stormwater Authority shall hold a public hearing in accordance with the Stormwater Authority's (Planning Board or Conservation Commission) own regulations and procedures. For projects or activities that require issuance of a Stormwater Permit in addition to other approvals or permits, the Stormwater Authority shall hold one public hearing on all jurisdictional project aspects in accordance with its own regulations and procedures. C. Abutter notification and legal notice of the public hearing shall be in accordance with public hearing requirements of the Stormwater Authority. 5.7. Action by the Stormwater Authority or Designated Agent A. Minor Stormwater Permit (1) The Designated Agent shall act upon a Minor Stormwater Permit Application within thirty (30) business days of the date the Designated Agent determines the application is complete. (2) The Designated Agent may: Town ofRrewsrer Srormwarer Management Regularmns DRAFTAugusr 20, 2021 Page 5 of29 a. Approve the Minor Stormwater Permit Application and issue a permit if it fmds that the performance standards and requirements set forth herein have been met; b. Approve the Minor Stormwater Permit Application and issue a permit with conditions, modifications, or restrictions that the Designated Agent determines are required to ensure that the performance standards and requirements set forth herein are met; c. Disapprove the Minor Stormwater Permit Application and deny the permit if it finds that the performance standards and requirements set forth herein have not been met; or d. Disapprove the Minor Stormwater Permit Application "without prejudice" where an applicant fails to provide requested additional information or review fees that in the Designated Agent's opinion are needed to adequately describe or review the proposed project. (3) Final approval, if granted, shall be endorsed on the Stormwater Permit by the signature of the Designated Agent. (4) Appeal of Disapproved Applications The Applicant may appeal a permit denial by the Designated Agent by requesting the Stormwater Authority review the application. Such review shall take place with a.public hearings described in Section 5.5 and shall Commented LLK4]: Note that appeals for Minor Permit be subject to any review fees or additional submittal requirements as applications will require public hearing by the Stormwater JI specified in these Regulations. Authority' B. Major Stormwater Permit (1) The Stormwater Authority shall take final action within 30 calendar days from the close of a public hearing as described in Section 5.5, unless such time is extended by agreement between the Applicant and Stormwater Authority. (2) The Stormwater Authority may: a. Approve the Major Stormwater Permit Application and issue a permit if it fids that the performance standards and requirements set forth herein have been met; b. Approve the Major Stormwater Permit Application and issue a permit with conditions, modifications, or restrictions that the Stormwater Authority determines are required to ensure that the performance standards and requirements set forth herein are met; c. Disapprove the Major Stormwater Permit Application and deny the permit if it finds that the performance standards and requirements set forth herein have not been met; or d. Disapprove the Major Stormwater Permit Application "without prejudice" where an applicant fails to provide requested additional information or review fees that in the Stormwater Authority's opinion are needed to adequately describe or review the proposed project. Town ofBrewslerSionnwarer Management Regulations DRAFT Augusl 20, 2021 Page 6 of 29 (3) Final approval, if granted, shall be endorsed on the Stormwater Permit by the signature of the majority of the Stormwater Authority. 5.8. Project Delay If the project associated with an approved Stormwater Permit has not been completed within three (3) years of permit issuance, the Permit shall expire. At the request of the Applicant, the Stonnwater Authority or Designated Agent may extend the Permit or require the Applicant to apply for a new permit. Any request for extension shall be submitted in uniting no later than 30 days prior to the expiration of the Stormwater Permit. The Stormwater Authority or Designated Agent may require updates to the project to comply with current regulations and standards as a condition of the permit extension. 5.9. Project Changes The Permittee, or their agent, shall notify the Stormwater Authority or Designated Agent in writing of any change of a land -disturbing activity authorized in a Stormwater Permit before any change occurs. If the Stormwater Authority or Designated Agent determines that the change is significant, based on the performance standards in Section 6 and accepted construction practices, the Stormwater Authority or Designated Agent may require that an amended Stormwater Permit application be filed and a public hearing held. If any change from the Stormwater Permit occurs during land disturbing activities, the Stormwater Authority or Designated Agent may require the installation of interim erosion and sedimentation control measures before approving the change, 5.10. Stormwater Management Certificate of Compliance (SMCC) A. No SMCC is required for work approved under a Minor Stormwater Permit. B. Within two (2) years after completion of construction or land disturbance activities permitted under a Major Stormwater Permit, the Permittee shall submit in writing a request for a SMCC. The Permittee must complete the following actions before the Stormwater Authority will consider the request for SMCC: (1) Within six (6) months after completion of construction and land disturbance activities, the Permittee shall submit certified as -built plans from a registered Professional Engineer (PE), surveyor, or Certified Professional in Erosion and Sediment Control (CPESC). The as -built plans must depict all structural and non-structural stormwater management systems, including subsurface components, and impervious and pervious surface areas on site. Any discrepancies from the approved Stormwater Management Plan should be noted in the cover letter. (2) The Permittee shall record the approved Operation and Maintenance Plan, including the as -built plans, with the Barnstable County Registry of Deeds. (3) The Permittee shall complete and document the first year of stormwater BMP operation and maintenance, in accordance with the approved Operation and Maintenance Plan and Stormwater Permit conditions. Town of Brewster Stonnwater Management Regulalions DRAFT August 20, 2021 Page 7 of 29 Upon written request by the Permittee, the Stormwater Authority shall assess whether the work has been completed in substantial conformance with _the approved Stormwater Management Plan and any conditions of the Stormwater Permit. Upon determination that permit conditions have been met, the Stormwater Authority shall issue a SMCC. D. It is the responsibility of the Permittee to request, in writing, the issuance of a SMCC, A Permittee who fails to request a SMCC within two (2) years after completion of construction and land disturbance activities may be found in noncompliance with the Stormwater Management Bylaw and face applicable enforcement actions. E. After issuance of the SMCC, the Stormwater Authority may periodically review ongoing compliance with Stormwater Permit conditions, including long-term operation and maintenance. If it finds that permit conditions have not been met, the Stormwater Authority may revoke the SMCC and take action in accordance with § 272-14 of the Stormwater Management Bylaw. For projects that have been issued a Water Quality Certificate under the Water Quality Protection District (Chapter 179, Article XI), the Water Quality Review Committee will conduct a compliance review every three years and will work with the Stormwater Authority to ensure ongoing compliance with Stormwater Permit conditions. 5.11. Waivers A. The Stormwater Authority or Designated Agent may waive strict compliance with any requirement of these Regulations, if it finds that: (1) Application of some of the requirements is unnecessary or impracticable because of the size or character of the development activity or because of the natural conditions at the site; (2) The project is consistent with the purposes and intent of the Stormwater Management Bylaw; and (3) The project provides substantially the same level of protection to the public health, safety, environment, and general welfare of the Town as required by the Stormwater Management Bylaw. B. Any Applicant seeking a waiver shall submit a written waiver request. Such a request shall be accompanied by an explanation or documentation supporting the waiver request. C. Waiver requests for Minor Stormwater Permits may be approved by the Designated Agent rather than by a majority of Stormwater Authority members. D. Waiver requests for Major Stormwater Permits shall be discussed and voted on at a public hearing for the project. If, in the opinion of the Stormwater Authority, additional time or information is required for review of a waiver request, the Stormwater Authority may continue a hearing to a date announced at the meeting. In the event the Applicant objects to a continuance or postponement, or fails to provide requested information, the waiver request shall be denied. Section 6. Performance Standards Town ofErewslerSlormwarer Management Regularrons DRAFT Arrgusr 20, 2021 Page 8 of 29 6.1. Construction -Site Stormwater Management A. Projects eligible for Minor Stormwater Permits shall meet the construction -site stormwater management performance standards detailed in Section 6.1.B to the maximum extent practicable. B. For Major Stormwater Permits, projects shall implement practices to control construction -related erosion, sedimentation, and wastes in accordance with the most recent versions of the Massachusetts Stormwater Handbook and the Massachusetts Erosion and Sedimentation Control Guidelines for Urban and Suburban Areas, or more stringent standards as specified in these Regulations. The following performance standards shall be met. (1) Natural Resource Protection: Before commencing land disturbance activities, the limits of permitted disturbance areas shall be marked with high -visibility flagging, fencing, and/or signage. Areas designated for revegetation and/or infiltration -based stormwater practices shall be marked with flagging, fencing, and/or signage to restrict use of heavy vehicles and equipment in these areas to avoid soil compaction. Tree protection shall be installed around the dripline for all trees to be preserved. Buffers and other restricted areas shall be maintained as required in a wetlands protection authorization from the Brewster Conservation Commission or MassDEP. (2) Area of Disturbance- Clearing and grading shall only be performed within areas needed to build the project, including structures, utilities, roads, recreational amenities, post -construction stormwater management facilities, and related infrastructure. Construction activities shall be phased to minimize the area of disturbed soil at any one time. (3) Soil Stabilization: The time that soil is exposed shall be minimized by stabilizing dormant areas as work progresses. Exposed areas shall be vegetated, hydromutched, protected with erosion control blankets, or otherwise stabilized within 14 days after land disturbance activities have permanently ceased or will be temporarily inactive for 14 or more days. Vegetative cover shall be prepared in the fall to ensure that exposed areas have cover before the fust freeze. (4) Stockpiles: Materials shall not he stored or stockpiled near a storm drain or a wetland resource area. Stockpiled materials that will be unused for 14 or more days shall be covered with roof, tarp, or temporary seeding (of soil stockpiles). Perimeter controls shall be installed around stockpile and staging areas. (5) Perimeter Controls: Perimeter sediment controls, such as silt fencing and filter tubes, shall be installed around downgradient boundaries, along all resource areas, and around stockpile and staging areas. Compost socks and straw bale shall be free of invasive species. Perimeter controls shall not be removed until the drainage areas have been permanently stabilized. (6) Stabilized Construction Entrance: Track -out controls (e.g., gravel apron) shall be installed at each construction entrance to remove sediment from vehicles and prevent tracking onto public roads. Where sediment has been tracked -out Town ofBrewsierSrormwarer Management Regulations DRAFT August 20, 2021 Page 9 of 29 from the site, paved roads, sidewalks, or other paved areas shall be swept or vacuumed at the end of the workday. Sediment shall not be swept or hosed into any stormwater conveyance, storm drain inlet, or waterbody. (7) Inlet Protecjon! Filter bags, filter tubes, or other inlet protection controls shall be installed to prevent sediment from entering downgradient storm drains. Inlet controls shall not be removed until the drainage areas have been permanently stabilized. (8) Runoff Diversion: Runoff shall be intercepted and diverted away from disturbed areas with beans, swales, or pipes toward stabilized outlets. Conveyances shall be stabilized with vegetation, erosion control blankets, check dams, or similar practices to slow velocities and prevent erosion. (4) Sediment Removal: Sediment traps and basins shall be used to remove suspended solids from runofi"before it discharges from the site. Traps and basins shall be designed to use baffles, multiple cells, and other practices to maximize the flow path and settling time. Sediment controls shall not be removed until the drainage areas have been permanently stabilized. (10)Dewaterine: Dewatering activities shall use tanks, filter bags, or other practices to remove sediment before discharge. Water shall not be discharged in a manner that causes erosion or flooding of the site or receiving waters. (11)Outlet Protection: Pipe outlets shall have stone aprons, level spreaders, or other energy dissipation practices installed to prevent erosion. (12)Construction Waste Management: Trash, debris, and sanitary wastes shall be removed from the site on a regular basis. Dumpsters shall be covered at the end of every workday and before rain events. Concrete mixers shall be washed out only in designated areas with liners. Demolition debris, discarded building materials, concrete truck wash out, chemicals, litter, and sanitary wastes shall not be discharged to the MS4 and shall be legally disposed of. (13)Post-Construction BMPs: Stormwater management facilities to be used after construction shall not be used as BMPs during construction unless otherwise approved by the Stormwater Authority. Many technologies are not designed to handle the high concentrations of sediments typically found in construction runoff, and thus must be protected from construction -related sediment loadings. (14) Dust Control• Dust control shall be used during grading operations. Dust control methods may consist of grading fine soils on calm days only or dampening the ground with water. (15) Inspection and Maintenance: Erosion and sediment controls shall be inspected as needed and at a minimum before and after rain events. Accumulated sediments shall be removed, and erosion and sediment controls shall be repaired or replaced as needed to ensure they perform as intended. 6.2. Post -Construction Stormwater Management Town of Brewsrer Stonnualer Management Regulations DRAFT August 20, 2021 Page 10 of29 A. Minor Stormwater Permits (1) Projects eligible for Minor Stormwater Permits shall evaluate and, unless infeasible, implement Low Impact Development (LID) planning and design strategies. LID practices may include, but not be limited to, protection and restoration of natural resources, minimizing impervious surfaces, grading to direct runoff onto pervious surfaces, and soil decompaction and amendments to improve infiltration capacity. Further guidance on LID practices may be found in the Massachusetts Stormwater Handbook. (2) Projects shall implement at least one stormwater BMP to mitigate the impacts from stormwater runoff and pollutants generated from impervious surfaces on the property. The Applicant may select a HMP type including but not limited to: i. Rain barrel for roof runoff ii. Rain garden iii. Pervious pavement iv. Dry well Y. Infiltration trench vi. Swale with check dams (3) Stormwater BMPs shall be designed in accordance with the Massachusetts Stormwater Handbook and shall have a storage volume equivalent to 1 inch multiplied by the net increase in impervious surface area or by 500 square feet of impervious surface area, whichever is greater. B. Major Stormwater Permit (1) At a minimum, Major Stormwater Permit projects shall comply with the Massachusetts St6rmwater Standards and the MS4 Permit. Design of stormwater management systems shall be consistent with the requirements of the Massachusetts Stormwater Handbook, or more stringent standards as specified in these Regulations. (2) Applicants shall evaluate and, unless infeasible, implement LID planning and design strategies. LID practices shall include, but not be limited to, protection and restoration of natural resources, minimizing impervious surfaces, grading to direct runoff onto pervious surfaces, and soil decompaction and amendments to improve infiltration capacity. Further guidance on LID practices may be found in the Massachusetts Stormwater Handbook. If the Applicant finds that LID practices are infeasible, the Applicant shall demonstrate which LID practices were evaluated and reasons why those practices were deemed infeasible. (3) Selection and design of stormwater BMPs shall be optimized for the removal of phosphorus and nitrogen. Infiltration BMPs, bioretention, and constructed stormwater wetlands are recommended for reducing the concentration of nutrients in stormwater discharges. Additional guidance on BMP performance Town ofBrewsierSrormwarer Management Regnlalions DRAFT Angrsr 20. 2021 Page 11 of 29 Commented hK51: The requirements in this section are specified in the MS4 Permit for phosphorus and nitrogen removal may be found in the MS4 Permit Appendix F Attachment 3. (4) Drainage analyses and design calculations shall use precipitation depths based on 90% of the NOAA Atlas 14 upper confidence interval, also known as `d OAA Plus'. The following table lists the precipitation depths by design storm for Brewster. Design Storm Precipitation Depth inches 2 -year, 24-hour 3.6 10 -year, 24-hour 5.3 25 -year, 24-hour 6.5 100 -year, 24-hour 8.5 (5) BMPs located on commercial or industrial land use areas shall be designed to allow for shutdown and containment to isolate the drainage system in the event of an emergency spill or other unexpected event. (6) New Development a. stormwater management systems for new development shall be designed to remove, at a minimum, 90% of the average annual load of Total Suspended Solids (TSS) and 60% of the average annual load of Total Phosphorus (TP) generated from the total post -construction impervious surface area on the site. Average annual pollutant removal requirements may be achieved through one of the following methods: i. Installing stormwater BMPs that provide the required pollutant removal based on calculations developed using EPA Region I's BMP Accounting and Tracking Tool (2016), the MS4 Permit Appendix F Attachment 3 methodology, or other BMP performance evaluation tool provided by the Stormwater Authority; or ii. Retaining the volume of runoff equivalent to, or greater than, LO inch multiplied by the total post -construction impervious surface area on the site; or iii. Providing a combination of retention and treatment that achieves the above standards. (7) Redevelopment Stormwater management systems for redevelopment shall be designed to remove, at a minimum, 80% of the average annual load of TSS and 5001* of the average annual load of TP generated from the total post - construction impervious surface area on the site. Average annual pollutant removal requirements may be achieved through one of the following methods: i. Installing stormwater BMPs that provide the required pollutant removal based on calculations developed using EPA Region I's BMP Town of Brewsrer 5lonuwater Management Regularrom DRAFTAugusl 20, 2021 Page 12 of29 Commented [LK6]: We expect that this will be required in the forthcoming MA Storrmvaler Handbook updates to address climate change Accounting and Tracking Too] (2016), the MS4 Permit Appendix F Attachment 3 methodology, or other BMP performance evaluation tool provided by the Stormwater Authority; or Retaining the volume of runoff equivalent to, or greater than, 0.8 inch multiplied by the total post -construction impervious surface area on the site; or Providing a combination of retention and treatment that achieves the above standards. Section 7. Construction Inspections 7.1. For Minor Stormwater Permit projects, inspection requirements will be determined by the Designated Agent based on the proposed project's scale and complexity. 7.2. For Major Stormwater Permit projects, the following inspection requirements shall apply. 7.3. The Stormwater Authority may, at its discretion, require a pre -construction meeting prior to the start of clearing, excavation, construction, or land disturbing activity by the Applicant. The Permittee's technical representative, general contractor, or other authorized person(s) shall meet with the Stormwater Authority to review the permitted plans and their implementation. 7.4. For projects subject to the NPDES Construction General Permit, construction may not commence until the Permittee has submitted EPA's approval of the Construction General Permit Notice of Intent to the Stormwater Authority and posted the final Stormwater Pollution Prevention Plan (SWPPP) at the site. 7.5. The approved Erosion and Sedimentation Control Plan bearing the signature of approval of the Stormwater Authority shall be maintained at the site during the progress of the work. 7.6. The Stormvrater Authority or its designated agent may inspect the site at the following stages, at a minimum: A. Initial Site Inspection: An inspection may be made of erosion and sedimentation controls and signage prior to any land disturbance to assess overall effectiveness and functioning to protect resources. B. Stormwater Management System Excavation Inspection: An inspection may be made of the excavation for the stormwater management system to ensure adequate separation of the stormwater system from groundwater and presence of approved soil type. C. Stormwater Management System Inspection: An inspection may be made of the completed stormwater management system, prior to backfilling of any underground drainage or stormwater conveyance structures. D. Final Inspection: An inspection may be made of the completed stormwater management system and final site stabilization to confirm as -built features and other permit conditions. Town of Brewsfer &am warer Managemenr Regrdalhons DRAFT Augrrsr 20, 2021 Page 13 of 29 7.7. Inspections will be conducted by a "qualified person' from the Stormwater Authority or a third party hired to conduct such inspections. A "qualified person" is a person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the appropriate skills and training to assess conditions at the construction site that could impact stormwater quality, and the appropriate skills and training to assess the effectiveness of any stormwater controls selected and installed to meet the requirements of these Regulations. 7,8. The applicant shall notify the Stormwater Authority at least two (2) working days before each of the following events: A. Commencement of construction; B. Erosion and sedimentation control measures are in place and stabilized; C. Site clearing has been substantially completed; D. Rough grading has been substantially completed; E. Excavation for stormwater BMPs has been completed; F. Subsurface components of stormwater BMPs have been installed, prior to backfilling; G. Stormwater BMP surface features have been substantially completed; H. Final grading has been substantially completed, I. Close of the construction season; and, J, Final landscaping (permanent stabilization) and project final completion. 7.9. Permittee Inspections. The Permittee, or their agent, shall conduct and document inspections of all erosion and sediment control measures no less than weekly or as specified in the permit, and prior to and following anticipated storm events. The purpose of such inspections will be to determine the overall effectiveness of the Erosion and Sedimentation Control Plan, and the need for maintenance or additional control measures as well as verifying compliance with the Stormwater Management Plan. The Permittee, or their agent, shall submit monthly reports to the Stormwater Authority or designated agent in a format approved by the Stormwater Authority, Section S. Long -Term Operation and Maintenance 8.1. The Permittee shall ensure that all components of the proposed Stormwater Management Plan are functioning according to manufacturer or design specifications for the life of the system. All components shall be maintained in good condition and promptly repaired, in accordance with the approved Operation and Maintenance plan. This shall constitute a perpetual condition of any Stormwater Permit issued under these Regulations. 8.2. To ensure adequate long-term operation and maintenance of stormwater management practices, the Stormwater Authority or Designated Agent may require Permittees to implement one or more of the following procedures, depending on the scale and complexity of the project: Town ofBrewslerSlormwalerMarragenienl Regularrorrs DRAFT August 20, 2021 Page 14 of 29 A. Submit an annual certification documenting the work that has been done over the last l2 months to properly operate and maintain the stormwater control measures. The certification shall be signed by the person(s) or authorized agent of the person(s) named in the permit as being responsible for ongoing operation and management. B. File an annual Operation and Maintenance Report with the Stormwater Authority. C. Establish a dedicated fund or escrow account in the form of a Bond, Insurance Policy, or similar instrumentality, to be maintained for a number of years and for an amount specified by the Stormwater Authority. Such fund or account may be used by the applicant to perform its operation and maintenance responsibilities or, if the Stormwater Authority finds that the applicant has failed to comply with the Permit, by the Stormwater Authority to perform or cause to be performed the required operation and maintenance tasks. D. Pay to the Town an amount specified by the Stormwater Authority in compensation for its acceptance of ownership of privately constructed BMPs. E. Establish a maintenance contract between with the Stormwater Authority whereby the Stormwater Authority will perform or cause to be performed the required operation and maintenance tasks. 8.3. Recording The Operation and Maintenance Plan shall be recorded with the Barnstable County Registry of Deeds prior to issuance of a Stormwater Management Certificate of Compliance by the Stormwater Authority pursuant to Section 5.10 of these Regulations. 8.4. Record Keeping A. The Permittee shall keep records of all inspections, maintenance, and repairs and shall retain the records for at least five (5) years. These records shall be made available to the Stormwater Authority or Designated Agent during inspection of the stormwater management structure or system and at other reasonable times upon request. B. The Stormwater Authority or Designated Agent may request written records documenting maintenance of the system, including receipts of inspection or cleaning services, andfor may physically inspect the systems to ensure that the proper maintenance has been carried out. Failure of the Permittee to maintain the stormwater management system in reasonable order and condition, in conformance with the approved Operation and Maintenance Plan, shall be considered a violation of these Regulations and shall be subject to enforcement action in accordance with § 272-14 of the Stormwater Management Bylaw. 8.5. Changes to Ownership and/or Operation and Maintenance Plans A. The Permittee shall notify the Stormwater Authority or Designated Agent of changes in ownership or assignment of financial responsibility for O&M of the stormwater management system or any changes to the Operation and Maintenance Plan within 30 days of the change. The Permittee shall also be responsible for informing prospective new owners of the requirements of the existing Operation and Maintenance Plan. This shall be an on-going requirement of any Stormwater Permit issued. Town ofBmwster&ormwater Management Regulations DRAFT Arigust 20, 2021 Page IS of 29 Section 9. Surety For Major Stormwater Permit projects, the Stormwater Authority may require the Applicant to post a surety bond, irrevocable letter of credit, cash, or other acceptable security before the start of land disturbance activity. The form of the security shall be approved by the Stormwater Authority and shall be in an amount deemed sufficient by the Stormwater Authority to ensure that the work will be completed in accordance with the permit. If the project is phased, the Stormwater Authority may release part of the security as each phase is completed in compliance with the permit, but the security may not be fully released until the Stormwater Authority has received the final report and issued a certificate of completion pursuant to Section 9 of these Regulations. If the Permittee defaults on any obligations imposed by the Stormwater Permit, the Stormwater Authority may (after notification of the Permittee) inform the holder of the security (and the municipal treasurer if the treasurer is not holding the funds) of the default, in which event the Town shall be entitled to the security funds. Section 10. Severability The invalidity of any section, provision, paragraph, sentence, or clause of these Regulations shall not invalidate any other section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued. Town of Brewsrer 5tormwaler Afanagement Regulations DRAFT August 20, 2021 Page 16 of 29 Appendix A. Definitions ABUTTER: The owner(s) of land adjacent to regulated activity. ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, force, direction, timing, or location of runoff flowing from the area. Such changes include: change from distributed runoff to confined or discrete discharge, change in the volume of runoff' from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. APPLICANT: Any person, individual, partnership, association, firm, company, corporation, trust, authority, agency, department, or political subdivision of the Commonwealth or the Federal government, to the extent permitted by law, requesting a Stormwater Permit. BEST MANAGEMENT PRACTICE (BMP): Schedules of activities, practices (and prohibitions of practices), structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to Waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC): A certified specialist in soil erosion and sediment control. This certification program, sponsored by the Soil and Water Conservation Society in cooperation with the American Society of Agronomy, provides the.public with evidence of professional qualifications. CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended. CLEARING: Any activity that removes the vegetative surface cover. COMMON PLAN OF DEVELOPMENT: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. DESIGNATED AGENT. Staff of the Planning, Conservation, and Building Departments designated by the Stormwater Authority to review and act upon Minor Stormwater Permit applications. EROSION: The wearing away of the land surface by natural or artificial forces Such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. EROSION AND SEDIMENTATION CONTROL PLAN: A document containing narrative, drawings and details developed by a registered Professional Engineer (PE) or a Certified Professional in Erosion and Sedimentation Control (CPESC), which includes best management practices, or equivalent measures designed to control surface runoff, erosion, and sedimentation during pre -construction and construction related land disturbing activities. Town ofBrewsrerSlormwarer Management Regulations DRAFT Angusl 20, 2021 Page 17 of 24 EROSION CONTROL: The prevention or reduction of the movement of soil particles or rock fragments due to stormwater runoff. GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. IMPERVIOUS SURFACE: Any surface that prevents or significantly impedes the infiltration of water into the underlying soil. This can include but is not limited to: roads, driveways, parking areas and other areas created using nonporous material; buildings, rooftops, structures, solar panels, artificial turf, and compacted gravel or soil. INFILTRATION: The act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site. LAND DISTURBANCE ACTIVITY: Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; involves clearing, grading, or excavating, including grubbing; or results in an alteration of drainage characteristics. LOW IMPACT DEVELOPMENT (LID): Site planning and design strategies that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat. M.G.L.: Massachusetts General Laws. MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS: The performance standards as further defined by the Massachusetts Stormwater Handbook, issued by the Department of Environmental Protection, and as amended, that coordinate the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act M.G.L. c. 131 §. 40 and Massachusetts Clean Waters Act M.G.L. c. 21, §. 23-56 to prevent or reduce pollutants from reaching water bodies and control the quantity of runoff from a site. MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Brewster. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT: A permit issued by the Environmental Protection Agency that authorizes the discharge of pollutants to Waters of the United States. Town of Brewsfer Starmwaler Manageinenr Regulafrom DRAFTAugust 20, 2021 Page 18 of 29 NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not previously been developed to include impervious cover. NONPOINT SOURCE POLLUTION: Pollution from many diffuse sources caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away pollutants finally depositing them into a water resource area. OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed. OWNER: A person with a legal or equitable interest in property. PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. PUBLIC SHADE TREES: All trees within a public way or on the boundaries thereof, as defined within Massachusetts General Law Chapter 87 (Public Shade Tree Law). RECHARGE: The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil. RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected, filed with the recorder of the Land Court of Massachusetts. REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land alteration, or phased projects that disturb the ground surface, including impervious surfaces, on previously developed sites. RUNOFF: Rainfall, snowmett, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: The areal extent of land disturbance and construction activities, including but not limited to the creation of new impervious surface and improvement of existing impervious surface. STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion. STORMWATER AUTHORITY: Brewster Planning Board or its authorized agent(s). STORMWATER: Stormwater runoff, snow melt runoff, and surface runoff and drainage. STORMWATER MANAGEMENT CERTIFICATE OF COMPLIANCE (SMCC): A document issued by the Stormwater Authority which states that all conditions of an issued Stormwater Town of BrewsterSformiralerManagementRegula(tons DRAF Angust 20.2021 Page 19 of 29 Permit have been met and that a project is currently in compliance with the conditions set forth in the permit. STORM WA'T'ER PERMIT: A permit issued by the Stormwater Authority pursuant to the Town of Brewster Stormwater Management Bylaw (Chapter 272) prior to commencement of Land Disturbing Activity or Redevelopment. TOTAL MAXIMUM DAILY LOAD (TMDL): A regulatory plan (authorized by the Clean Water Act) that identifies the amount of a pollutant that a waterbody can assimilate without exceeding its water quality standard for that pollutant. TOTAL SUSPENDED SOLIDS (TSS): A measure of undissolved organic or inorganic particles in water. TOTAL PHOSPHORUS (TP): A measure of the total dissolved and particulate forms of phosphorus, WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act M.G.L. c. 13 I, § 40 and in the Brewster Wetlands Protection Bylaw (Chapter 172). Town of Brewsler&armwaler Management Regulations DRAF FAugusl 20, 2021 Page 20 of 29 Appendix B. Stormwater Management Plan Checklists Minor Stormwater Permit Applications The application for a Minor Stormwater Permit shall contain sufficient information for the Designated Agent to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the Applicant to reduce adverse impacts from stormwater runoff during and after construction. The Minor Permit Application package shall include: A. Completed Application Form with original signatures of all property owners; B. Narrative describing the proposed work including existing and proposed site conditions (including structures, vegetation, and drainage), measures to mitigate any stormwater impacts, and anticipated maintenance requirements; C. An Operation and Maintenance Plan to inspect, properly maintain, and repair installed best management practices (BMPs) after project completion to ensure that they are functioning according to manufacturer or design specifications for the life of the BMP; D. One digital copy and two (2) printed copies of plans that include: (1) Existing site features including structures, pavement, plantings, and stormwater management systems, etc.; (2) Proposed work including proposed stormwater management systems and limits of disturbance; and (3) Erosion and sedimentation controls. Major Stormwater Permit Apnlications Stormwater Management Plan shall contain sufficient information for the Stormwater Authority to evaluate the environmental impact, effectiveness, and acceptability of the site planning process and the measures proposed by the applicant to prevent adverse impacts from stormwater runoff during and after construction. Stormwater Management Plans submitted for consideration shall contain the following minimum components: 1. Existing Conditions Plan; 2. Proposed Conditions Plan; 3. Erosion and Sediment Control Plan; 4. Construction Detail Plan; 5. Stormwater Management Report; and Town of Brewster Stommaler Management Regulations DRAFT August 20, 2021 Page 21 of 29 6. Operation and Maintenance Plan. More information than the minimum required herein may be required, provided such information is reasonably necessary for the proper evaluation of the Stormwater Management Plan. Additional plans, such as but not limited to utility plan, landscaping plan, etc., may be required for more complex projects. Plans shall be prepared to fully detail and explain the intentions of the Applicant. Plans shall be prepared at a standard scale (1" = 20', I,,= 40', or 1" = 80', whichever is appropriate to the size of the proposal). All plans shall include a reasonable numbering system with an appropriate title block, North arrow, signature block, and legend identifying any representative symbols used on the sheet in question. Design Certification: Each plan sheet shall show the seal and signature of an Engineer or a Surveyor, or both, as appropriate to the data. Existing Conditions Plan The Existing Conditions Plan shall contain all the necessary information to convey existing surface features and drainage patterns. It shall contain a topographical survey plan prepared by a Surveyor, including the following information: • Name, seal, and signature of the Surveyor who performed the survey. • Date(s) of the survey. • Reference to all deeds, plans of record, and other information used to establish the existing property lines, the layout of all streets and ways, and public and private easements, including deed references to the abutting lots. • Locus Plan, prepared at a scale not smaller than 1" = 1200' and a minimum extent of one mile diameter. Major streets, buildings, brooks, streams, rivers, or other landmarks should be shown on the Locus Plan with sufficient clarity to be easily discernible. • Existing property lines, public and private easements, and road layouts with bearings and distances. All distances shall be in feet and decimals of a foot and all bearings shall be given to the nearest ten seconds. The error of closure shall not exceed one to ten thousand. • Boundary of the entire property held in common ownership by the Applicant regardless of whether all or part is being developed at this time. • Acreage of the property to the nearest tenth of an acre. • Existing monuments. • Location and name of all abutters as they appear on the most recent tax list, including owners of the property on the opposite side of all streets abutting the property. • Location, names, status (i.e., public or private), and present widths of streets and sidewalks bounding, approaching, or within reasonable proximity of the property, showing both roadway widths and right-of-way width. • Location of all test pits, borings, percolation tests, or similar, in or adjacent to the Town ofBrewslerSlormwaler Management Regulanons DRAFT Angus120. 2021 Page 22 of 29 development. Logs of observed groundwater elevations and other test data shall be included in the Stormwater Management Report. • Location of all existing buildings and structures on the property and within reasonable proximity of the perimeter of the property. • Location of all existing wells and septic systems that can be observed and/or are on file with the Health Department, on the property and within reasonable proximity of the perimeter of the property. • Features within and abutting the property, including but not limited to, waterways, water bodies, drainage ditches, streams, brooks, stone walls, fences, curbing, walkways and other paths (paved or unpaved), utility and light poles, buildings and other structures, ledge outcrops, wooded areas, public shade trees and all other trees greater than six inches in caliper, and historic sites. • Location and identification of resource areas regulated under the Massachusetts Wetlands Protection Act or the Brewster Wetlands Protection Bylaw, including areas located within the property and areas outside of the property with buffer zones or offsets that may intersect the property. This shall include wetlands and associated offsets and buffer zones, isolated lands subject to flooding (II.SF), bordering land subject to flooding (BLSF), and riverfront protection areas. If a currently valid delineation for the property does not exist, wetland boundaries shall be delineated in the field with numbered flags by a qualified wetlands specialist, surveyed, and shown on the plan(s) with reference to the flag numbers. The date of any Resource Area Delineation, Determination of Applicability, Order of Conditions, or other applicable decision from the Brewster Conservation Commission shall be indicated on the plans. • Location of aquifer protection zones, including Zone 1 and Zone II as defined in the Brewster Water Quality Protection Bylaw, Chapter 179 Article XI. • Location of all existing above- and below -ground utilities and al] associated appurtenances within and abutting the property. All utility pipe types, sizes, lengths, and slopes shall be provided, as well as utility structure information, including rim and invert elevations. • Existing topography within the property and within reasonable proximity of the perimeter of the property. Topography shall be provided at a minimum one -foot contour intervals. The plan survey datum shall be the National American Vertical Datum 1988 (NAVD88), and this reference shall be identified on the plans. • Stormwater flow direction. Proposed Conditions Plan The Proposed Conditions Plan shall indicate all proposed site improvements, including but not limited.to structures, buildings, sidewalks, handicap ramps, parking areas, curb type and limits, walls, fences, landscaped areas, and the proposed location of all utilities, as described belo*: ■ All applicable information from the Existing Conditions Plan. The proposed improvements shall be overlaid on the existing conditions and shown in a darker line weight. • The boundaries of the site, the outline or footprint of all proposed buildings, Town of Brewster 5tormwater Management Regulatrans DRAFTAugtrsf 20, 2021 Page 23 of29 structures, parking areas, walkways, loading facilities, or significant landscaping features shall be shown. • All means of vehicular access for ingress and egress to and from the site onto the public streets. Plans should show the size and location of driveways and curb cuts. • The location of all public shade trees and all other trees over six inches in caliper to be removed. • The location and type of all above -ground and below -ground utilities. • The existing and proposed above- and below -ground stormwater management system, with pipe sizes, lengths, slopes, and materials including conveyances, catch basins, manholes, culverts, headwalls, detention and/or retention basins, treatment units, infiltration systems, and outlet pipes/structures. Rim and invert elevations shall be provided for all structures and other appurtenant features. • Proposed contours indicating the finished grades of all proposed construction in the site. The plan shall show how the proposed grades will tie in to the existing grades within and outside of the limit of disturbance. The grades should be provided at a minimum one -foot contour intervals. Walls, curbing and any other features creating a break in grade shall be shown, including proposed top and bottom grades. • Stormwater flow direction. Erosion and Sediment Control Plan The Erosion and Sediment Control Plan shall contain sufficient information to demonstrate that erosion will be minimized and sediment contained as part of a land disturbance activity, including the following: • All applicable information from both the Existing and Proposed Conditions Plans. The proposed development information shall be shown in a darker line weight. • Location of the proposed limit of land disturbance activity, to be lined by perimeter sediment controls in downgradient areas and along all resource areas. • Location of anti -tracking area at each construction entrance. • Inlet and outlet erosion and sediment controls at all existing and proposed drainage structures. • Tree protection for all public shade trees and all other trees over six inches in caliper proposed to remain. • Seeding, sodding, or revegetation plans and specifications for all unprotected or unvegetated areas. • Location and design of all structural erosion and sediment control measures, such as grade stabilization practices, temporary drainage swales, dewatering devices, and temporary sedimentation basins. • Location of all proposed construction stockpiling and staging areas with appropriate erosion and sediment control measures. • Location of areas designated for revegetation or infiltration -based BMPs, with notes indicating that soil compaction shall be avoided in those areas. 7bwn of Brewster Stormwater Manage)nent Regulations DRAFT August 20, 2021 Page 24 of 29 • Notes detailing the proposed operation, maintenance, and inspection schedule for all erosion and sedimentation control measures, including proposed schedule for street sweeping of adjacent roadways and paved areas. • Notes indicating that demolition debris, discarded building materials, concrete truck wash out, chemicals, litter, and sanitary wastes may not be discharged to the MS9 and must he legally disposed of. • Where a site is located in whole or in part within the floodplain, a Floodplain Contingency Plan shall be included with the Erosion and Sediment Control Plan. The Floodplain Contingency Plan shall describe the steps necessary to stabilize the site during construction in the event that a flood -watch is declared by the National Weather Service. • Where a project is also subject to coverage under a National Pollutant Discharge Elimination System (NPDES) Construction General Permit issued by the EPA, submission of the Stormwater Pollution Prevention Plan (S WPPP) shall be required prior to commencement of land disturbance activities. Construction Details Plan The Construction Details Plan should provide information regarding the component parts of the construction, illustrating how they fit together. The plan shall show the following: • Typical construction details of all proposed stormwater management system devices, including but not limited to conveyances, catch basins, manholes, headwalls, sub - drains, detention and retention systems, and other stormwater management system structures. • Landscaping details including, but not limited to, tree plantings, shrubs, perennials, fences, walls, guard rails, street furniture, and other specialty items, if applicable. • Construction details for all hard surfaces, including but not limited to, roadways, sidewalks, driveways, loading docks, handicap ramps, permeable pavers, and curbing. • Erosion and sediment control details that for components included in the Erosion and Sediment Control Plan. • Where site constraints or differing conditions require work that deviates from "typical details," specific construction details shall be provided. • All proposed work within the public right-of-way shall conform to Town of Brewster and/or MassDQT Standard Details, where applicable. Stormwater Management Report A separate Stormwater Management Report shall be submitted with the Stormwater Permit Application. It shall be prepared and stamped by an Engineer, and shall contain the following information: • Contact Information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected. • Description of the watershed that the site is located in, the immediate downgradient Torun of Brewster Stornnvater Management Regxtartons DRAFTA igmst 20, 2021 Page 25 of29 waterbody(s) that stormwater runoff from the site discharges to, the impairment status and Total Maximum Daily Load (TMDL), if applicable, of the watershed and waterbody(s), and the pollutant(s) of concern. • Description of the existing and proposed soil conditions (including Hydrologic Soils Group [HSG] classification published by the National Resources Conservation Service [NRCS]), land use, land cover, estimated high groundwater elevations, design points, drainage patterns, and proposed stormwater management practices. • Description of proposed work within proximity of regulated wetland resources, aquifer protection zones, earthwork within 4 feet of seasonal high groundwater elevations, and other sensitive environmental areas. • Description of the low impact development (LID) site planning and design techniques considered for the project and an explanation as to why they were included or excluded from the project. • Description of the existing and proposed stormwater management system, including all proposed BMPs incorporated in the project design. • Description of all soil testing conducted in the study area, including sieve analyses, tests for saturated hydraulic conductivity, test pits, or soil borings. Soils information shall be based on field investigations by a Soil Evaluator approved by the Commonwealth of Massachusetts, or by an Engineer, Testing shall be performed in accordance with Volume 3 of the Massachusetts Stormwater Handbook (dated February 2008, as amended) and these Rules and Regulations. Raw test data shall be provided in an appendix to the report. • Narrative describing the methodology used to conduct the hydrologic and hydraulic analyses of the site and the design of the proposed stormwater management system. • Tables comparing existing and proposed impervious areas, peak stormwater runoff rates, and total stormwater runoff volumes for each design point and for the 2-, 10-, 25-, and 100 -year design storms. • Narrative and calculations demonstrating compliance with the Massachusetts Stormwater Management Standards. • Narrative and calculations demonstrating compliance with the requirements of Section 6 of these Regulations, including estimated reductions to annual average load of total suspended solids (TSS) and annual average load of total phosphorus (TP). Calculations shall be completed using the Environmental Protection Agency (EPA) Region is BMP Accounting and Tracking Tool (2016), the Massachusetts MS4 Permit Appendix F Attachment 3 methodology, or other BMP performance evaluation tool provided by the Stormwater Authority. • Description of any impacts to the floodplain and floodway and a summary of compensatory flood storage calculations, if appropriate. • Description of existing and proposed groundwater recharge on the site, including quantitative summary of existing and proposed recharge volumes, and summary of groundwater mounding analysis, if applicable. • Plans showing existing and proposed drainage areas, including any off-site contributions, and time of concentration travel flow -paths. Study design points should Town ofBrewSler5lormwarer Management Regufanow DRAFT August 20, 2021 Page 26 of 29 be indicated on the plan. • If applicable, a map showing the location of the site overlaid on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map (FIRM) for the Town of Brewster, or other appropriate information pertaining to location of the floodplain and floodway boundaries in relation to the site. • Appendix containing all drainage calculations for existing and proposed conditions, including hydrologic analysis of the site, hydraulic analysis of the proposed drainage system, and calculations supporting the design of all BMPs that will control stormwater runoff pollutants, peak rates, and volumes. • Massachusetts Department of Environmental Protection (MassDEP) Checklist for Stormwater Report, stamped and signed by a registered Professional Engineer (PE) licensed in the Commonwealth of Massachusetts to certify that the Stormwater Management Plan is in accordance with the criteria established in the Massachusetts Stormwater Management Standards, Brewster Stormwater Management Bylaw, and these Regulations. Operation and Maintenance Plan An Operation and Maintenance (O&M) Plan, in accordance with the Massachusetts Stormwater Management Standards, shall be included with the Stormwater Management Plan. The purpose of the plan is to identify the actions necessary to ensure that stormwater management systems and BMPs function as designed, in perpetuity. At a minimum, the O&M Plan shall contain: • The name(s) of the Owner of all components of the system, and the name(s) and address(es) of the Responsible Party for O&M of each component, if different from the Owner. • A plan that is prepared to scale and shows the location of all stormwater management system components and all discharge points. • A description of all BMPs, including proper operating parameters and how the Owner will determine if a BMP is not functioning properly. • A description of long-term source control and pollution prevention measures. • An inspection log and a description of all inspection and maintenance procedures, responsibilities, and frequencies. Where applicable, this schedule shall refer to the Maintenance Criteria provided in the Stormwater Handbook or the EPA National Menu of Stormwater Best Management Practices or equivalent; • An inspection and maintenance schedule for all routine and non -routine maintenance tasks to be performed. • Minimum qualifications for personnel that will perform inspections and maintenance. • Snow storage procedures and locations in accordance with the MassDEP Snow Disposal Guidance, dated December 11, 2020, as amended. Snow shall not be stored or disposed of in any proposed stormwater BMP. • A list of easements held to access any BMPs. Town ofBrewsrerSrormwaterManagemenl Regulations DRAFT August 20, 2021 Page 27 of 29 • An estimated 0&M budget. • A copy of the As -built Plan prepared in accordance with Section 5.10 of these Regulations, upon project completion. Town ofBrewsfer 5tornnrawerManagement Regulations DRAFT August 20, 2021 Page 28 of 29 Appendix C. Oee Schedu1� Commented lLK71: Fees have not yet been determined Fee Minor Stormwater Permit Application Major Stormwater Permit Application Request for Stormwater Management Certificate of Compliance Consultant Services and 'Technical Review Determined on a case -by -base basis Town ofBrewsrerSrormwarer Managemenr Regrdarions DRAFT Augnsr 20, 2021 Page 29 of 29 WATER QUALITY PROTECTION DISTRICT (CHAPTER 179, ARTICLE XI) PROPOSED ZONING BYLAW AMENDMENTS DRAFT REVISIONS --AUGUST 174, 2021 Article XI Water Quality Protection District [Added 5-9-1994 ATM, Art. 511 § 179-53 Purpose. [Amended 11-17-2008 FYTM, Art. 171 The purposes of this Water Quality Protection Bylaw are: A. To promote the health, safety and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions and businesses of the Town of Brewster; B. To preserve and protect all existing and potential sources of drinking water supplies within Brewstees borders; C. To identify uses that should be prohibited or allowed only by special permit and to establish performance standards that must he met for all uses within a Zone I. Zone It and/or the DCPC area D. To protect groundwater and surface water resources from viral, pathogenic, phosphorus and nitrogen contamination and pollution from stormwater runoff; E. To complement the commonwealth's Department of Environmental Protection regulations governing groundwater protection and the commonwealth's efforts to protect surface and coastal waters; F. To protect other sensitive water resource areas, including those land areas that contribute recharge to private drinking water supply wells; G. To conserve the natural resources of the Town; and H. To prevent temporary and permanent contamination of the water resources of the Town § 179-54 Scope of authority; overlay district. [Amended I1-17-2008 FYTM, Art. 17; 10-19-2009 FYTM, Art. 181 This bylaw establishes regulations governing land uses and structures and their potential impact upon the Town's water resources. The provisions of Article XI are superimposed over all zoning districts and all land within the Town of Brewster and shall function as an overlay district. Where this article establishes rules, regulations, requirements, standards or provisions that are stricter than the underlying zoning districts, including those uses and structures found in Table I of the Zoning Bylaw, the provisions of this article shall control. In addition, this article establishes specific requirements for land uses and activities within those portions of the Town of Brewster mapped and identified on the Zoning Map as the District of Critical Planning Concern CDCPC"), entitled "Brewster Water Protection District," as adopted by the Barnstable County Assembly ofDelegates pursuant to the Cape Cod Commission Act, which includes "Zone 1" and "Zone 11" and the "Groundwater Protection District" and the "Pleasant Bay Watershed." § 179-55 Ilefinitions. [Amended 11-17-2008 FYTM, Art. 171 As used in this article, the following terms shall have the following meanings indicated: AQUIFER Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water BEST MANAGEMENT PRACTICES Meffi%* ny structural or nonstructural mechanism designed to minimize the impact of non -point source pollution on receiving waters or resources, including, but not limited to: detention ponds, construction or installation of vegetative swales and butlers, street cleaning, reduced road salting, and public education programs. BUILDER'S ACRE A unit of land measure equal to 40,000 square feet, which is considered a building acre in accordance with standard real estate practices. COMMERCIAL FERTILIZERS Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed by its manufacturer to have value, in promoting plant growth. Commercial fertilizers do not include unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum. EARTH REMOVAL AEP The removal or relocation of geologic materials, such as topsoil sand, gravel metallic ores, or bedrock Mining activities are considered earth removal, whether the disturbed natural materials are removed from the site or reworked on the site. The Massachusetts Department of Environmental Protection. DEVELOPMENT The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mine, excavation, landfill, or land disturbance; and/or any change in use, or alteration or extension of the use, of land. DISCHARGE The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of toxic or hazardous material or waste upon or into any land or water so that such hazardous waste or any constituent thereof may enter the land or waters of Brewster. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site leaching structure or sewage disposal system. HAZARDOUS OR TOXIC MATERIALS Any substance or mixture of physical, chemical or any infectious characteristics posing a significant, actual or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Brewster. Hazardous or toxic materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, solvents and thinners and products such as pesticides, herbicides in quantities greater than normal household use; and all substances defined as hazardous or toxic under MGL c. 21 C and MGL c. 21E, using the Massachusetts Oil and Hazardous Substance List (310 CMR 40.0000), and 310 CMR 30.000 HAZARDOUS MATERIAL OR WASTE, HOUSEHOLD QUANTITY OF Any or all of the following• A Two hundred seventy-five 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. Twenty-five 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 30.353. HISTORICAL HIGH GROUNDWATER TABLE ELEVATION A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey. IMPERVIOUS SURFACE Material or structure on, above or below the ground that does not allow precipitation or surrace water to penetrate directly into the soil. LANDFILL A facility established in accordance with a valid site assignment for the purposes of disposing of solid waste into or on the land, pursuant to 310 CMR 19.006. LOT As per § 179-2, Definitions. MINING The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores or bedrock. NITROGEN MANAGEMENT The process of ensuring that nitrogen generated by land uses does not exceed established capacities of the resources receiving nitrogen inputs. NONSANITARY WASTEWATER Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6). OPEN DUMP A facility which is operated or maintained in violation of the Resource Conservation and Recovery Act [42 U.S.c. § 4004(a)(b)], or the regulations and criteria for solid waste disposal. PETROLEUM PRODUCT Petroleum or petroleum byproduct, including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils, oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane. POTENTIAL DRINKING WATER SOURCES Areas that could provide significant potable water in the future. PROCESS WASTEWATER All wastewater disposed of on site other than sanitary wastewater. RECHARGE AREAS Areas that collect precipitation or surface water and cant' it or have it pumped to aquifers Recharge areas may include areas designated as Zone I, Zone II or Zone III. SEPTAGE The liquid, solid, and semisolid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material that is a hazardous waste, pursuant to 310 CMR 34.000. SLUDGE The solid, semisolid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the headworks of a facility. STORMWATER MANAGEMENT The process of ensuring that the magnitude and frequency of stormwater runoff does not increase the hazards associated with flooding and that water quality is not compromised by untreated stormwater flow. SUBDIVISION The division orredivision of a lot, tract, or parcel of land into two or more lots, tracts, or parcels in accordance with MGL c. 41 § 81L. TIGHT TANK Any and all containers or devices with regard to or used for wastewater disposal as defined and regulated by the State Sanitary Code, 310 CMR 15.260. TREATMENT WORKS Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal. VERY SMALL QUANTITY GENERATOR Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136. WASTE OIL RETENTION FACILITY A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c. 21, § 52A. WATER QUALITY REVIEW COMMITTEE (WQRC) Committee to be appointed by the Select Board to include eight members; one member each from the Select Board, Board of Health, Planning Board, Conservation Commission, Comprehensive Water Planning Committee and Water Commissions, the Brewster Building Commissioner and the Brewster Health Agent. At the initial appointment, to occur no later than three weeks after the effective date of this bylaw, members other than the Building Commissioner and the Health Agent shall be appointed for one-, two- and three-year terms and thereafter all members shall be appointed for three-year terms. The Building Commissioner and Health Agent shall serve as members of the WQRC while they are employed in their respective positions. [Amended 11-18-2013 FYTM, Art. 10; 11-13-2017 FYTM, Art. 131 ZONE The immediate land area around a well. It is defined as a four -hundred -foot protective radius for wells greater than 100,000 gpd and a radius of 100 to 400 feet for wells less than 100,000 gpd, depending upon the pumping rate. The Zone I must be owned by the water supplier or controlled through a conservation restriction. Only water supplier activities are allowed in the Zone 1. ZONE H The DEP-approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00. The Zone II includes the Zone 1. ZONE III The land area beyond the area of Zone II from which surface water and groundwater drain into Zone 11. Zone III boundaries are determined by identifying the topographic surface water drainage divides. The surface water drainage area commonly coincides with the groundwater drainage; however, in areas where they are not coincident, the Zone 111 encompasses both the surface and groundwater drainage area. § 179-56 Use regulations. [Amended 11-17-2008 FYTM, Art. 171 Provided that all necessary permits, orders, or approvals as required by local, county, state, or federal law are also obtained and notwithstanding any requirement to the contrary found within this article, the following uses and activities shall not independently trigger the need for a Special Permit and shall be allowed as long as the uses and activities coin wi!LgaLicablebe exeMpied klH -dein arty i xr-4+tkltex -�§� y '' '_ Performance Standards established in Section 179-57t: ,--44—,'uminu+rtw 4iiimil#ue motor vehicle is On continu9•US 1178115W t2� - VVhktulur [earl Irrkwn +ielKJrilr kmn itmilHe uua Le e,}tifiplt>altt fll w # r+r€d+w1 r+ Flqk4P!MdpF Iirrl-F.«;;,:.. (3) �etaiUtvholesale sales/office/commercial uses with a lot size below 40,000 , uare feet and building area less than 5-000 square feet that store or handle hazardous materials or wastes In amounts that do not exceed household quantities, (4) Construction activities: The activities of constructing, repairing, or maintaining any building or structure, provided that all contractors, subcontractors, laborers, and their employees follow all local, county, state and federal laws when using, handling, storing, or producing any hazardous materials or wastes; (5) Household use: the heaseheld-use of hazardous materials or wastes in amounts that do not exceed household quantities; (6) Municipal use: the municipal use of hazardous materials and any materials stored and used for the sole purpose of water supply treatment or as required by law; and - (7) Storage of oil(s): the storage of oil(s) used for heating fuel, provided that the container used for such storage shall be located within an enclosed structure that is sufficient to preclude leakage of oil to the external environment and to afford routine access for visual inspection and shall be sheltered to prevent the intrusion of precipitation; (g) Conservation of soil, water, plants, and wildlife, (9) Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; (10) Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; (11) Use and development of single-family residential dwelling units; (12) Use of land pursuant to an approved definitive subdivision plan, special permit, or variance; (13) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing; (14) Construction, maintenance, repair, and enlargement of drinking -water -supply -related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels; (15) Underground storage tanks related to permitted activities. B. Prohibited uses within the Town of Brewster. The following uses are prohibited throughout and within the Town of Brewster: Commented WNt1: The sire limits were added as these uses with larger lots or larger buildings are supposed to get a special permit -see 179-56 (D) (1) (c) (1) (Reserved) (2) Landfills receiving only wastewater and/or septage (wastewater residuals "monofils") as defined in 310 CMR 32.05, approved by the DEP pursuant to MGL c. 21, §§ 26 through 53; MGL c. 111, § 17; MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder. (3) Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31. (4) Storage of deicing chemicals, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated nmoff or leachate. (5) Storage of animal manure, unless such storage is covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate (6) Earth removal not consistent with § 179-39 of the Brewster Zoning Bylaw. (7) Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.000, except for the following: (a) Very small quantity generators of Class A regulated recyclable material as defined under 310 CMR 30.000. (b) Household hazardous waste centers and collection events under 310 CMR 30.390. (c) Waste oil retention facilities required by MGL c. 21, § 52A. (d) Water remediation treatment works approved by the Department of Environmental Protection (DEP) designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwater or surface waters and operated in compliance with MOL c. 21E and 310 CMR 40.0000. (9) Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1. (9) Storage of dry hazardous materials, as defined in MGL c. 21E, unless in a freestanding container within a building or above ground with adequate secondary containment adequate to contain a spill the size of the container's total storage capacity. (10) Storage of fertilizers unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. (11) Land uses that result in rendering impervious any lot or parcel more than 15% or 2,500 square feet, whichever is greater, unless a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality. (12) Any floor drainage system which discharges to the ground without a DEP permit or authorization C. Prohibited uses within Zones I and Zones II of the Groundwater Protection District. The following uses, which may be allowed in other areas of the Town of Brewster, are prohibited in Zones 1 and II of the Groundwater Protection District Notwithstanding language to the contrary found within § 179-52 of the Zoning Bylaw, no variance for a use or activity not otherwise permitted shall be granted by the Board of Appeals within Zones I or Zones 11 of the Groundwater Protection District (1) Storage of liquid petroleum and/or liquid hazardous products (as defined in MGL c. 21E), except the following: normal, household use, outdoor maintenance and heating of a structure; fuel storage facilities as licensed by the Town; waste oil retention facilities required by statute, rule or regulation; emergency generators required by statute, rule or regulation. (2) Petroleum, fuel oil, and beating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas. (3) Treatment works that are subject to 314 CMR 5.00 (not Title 5 septic systems), including privately owned sewage treatment facilities, except for the following: (a) The replacement or repair of an existing treatment works that will not result in a system capacity greater than the system capacity of the existing treatment works; (b) The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a system capacity greater than the system capacity of the existing system(s); (c) Treatment works approved by DEP designed for the treatment of contaminated groundwater; and (d) Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to DEP and the Planning Board's satisfaction that these problems are attributable to current septic problems and that there will be a net improvement in water quality. (4) Stockpiling and disposal of snow or ice removed from highways and streets located outside of a Zone Il that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal. (5) Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material within 10 vertical feet'of historical high groundwater table elevation, as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey. (6) Industrial and commercial uses which discharge process wastewater on site. (7) Facilities or works for the treatment or disposal of nonsanitary wastewater that are subject to 314 CMR 5.00, or that discharge to the ground nonsanitary wastewater, including industrial and commercial process waste -water, except the following: (a) The replacement or repair of an existing system/treatment works that will not result in a design capacity greater than the design capacity of the existing system/treatment works; (b) Treatment works approved by the Department of Environmental Protection designed for the treatment of contaminated groundwater and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and (c) Publicly owned treatment works. (8) Storage of commercial fertilizers, as defined herein and in MGL c 128, § 64. (9) Gasoline stations, automotive service stations or car washes or motor vehicle or commercial boat storage or repair. For the purposes of this chapter, "commercial" is defined as any activity involving the sale of goads or services carried out with the intent of earning a profit. (10) Dry-cleaning establishments. D. Useststructures allowed by special permit (1) Unless otherwise exempted or prohibited elsewhere by this article and as otherwise permitted in the underlying zoning district, the following uses and activities shall require a special permit from the Planning Board. Where the use or activity requires a special permit from another special permit granting authority, the provisions of this article shall nevertheless apply, although the Planning Board and the other special permit granting authority may hold a combined public hearing pursuant to MGL c. 40A, § 9 in lieu of separate public hearings: (a) (Reserved) (b) The application for the construction of 10 or more dwelling units, whether on one or more contiguous lots, tracts, or parcels, or whether contained within one or more structures; (c) The application for a nonresidential use of 40,000 square feet or greater in lot size or 5,000 square feet or greater of gross floor area; (2) Provided that the following uses and/or structures are permitted by the underlying zoning district and other relevant regulations, a special permit may be issued by the Planning Board for the following uses and/or structures, provided that the Planning Board may impose conditions upon the use or structure, consistent with the authority provided in MGL c. 40 § 9, such that the use or structure will not, in the Planning Board's sole judgment, be inconsistent with the purpose and intent of this bylaw. Notwithstanding the powers hereby conveyed by this article and MGL c. 40A, § 9 to the Planning Board and in recognition of the expertise found within the members of the Water Quality Review Committee, the Planning Board shall, in accordance with the procedures of MGL c. 40A, § 11. cause all applications for a special permit pursuant to this article to be submitted to the Water Quality Review Committee for the Committee's comments and recommendations as provided by MGL. c. 40A, § 1 L. The Planning Board shall include in its decision an explanation regarding any substantive deviation from the Committee's recommendation regarding the approval, denial, or conditional approval of the special permit application. (a) The application of fertilizers for nondomestic or nonagricultural uses Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and sedimentation and shall conform to Chapter 119 of the Brewster Town Code, Fertilizer Nutrient Control. Amended 11-18-2019FYTK Art. 61 (b) The construction of dams or other water control devices, ponds, pools or other changes in water bodies or courses, created for swimming, fishing or other recreational uses, or drainage improvements. (e) +ikt t* Amu E i',n ,u '.*"juar" feet of"- lei, whichever is , ealeF. A-6!"Iow 4w-&,hu-ployi4e4 "ier..6.....:. .{.,._eade .,.a,, ., FOF Eli :,i.,, POF ,.-.......� ...,..,i ..n.,r .., k , a rt..nh@ h0- r..., ,.,- .�r,_,,. I.. ,�:.ri+a4iFeS rsitnrr .. •,..,l ..:,1. nimiind-Vet'1.' wtan. Fjf-"vHq-ssh 114x"7SedilOy ��--rri'sc vm hei tooling/:+•+tee-i-ok eM•lrtr-+or4- le>is� +drut t4 axd� itN-a�teh�ttl vreli 4hdh 4wMecedea hw{ +1; �rea+e , xi �x�kn,eru iTapwao C,itkl ll ATe FHi7rY4'4ll-{01c, 4t larni rni,l i3On: t%F1 tr and uN F2z-haVILe—Oxter- kal. - ivwui-irs#a ill (d) Any use which involves on-site wastewater disposal facilities having over 10,000 gallons per day capacity or disposal of process waste from operations other than personal hygiene and food for residents, patrons and employees (e) Commercial boat and motor vehicle storage, service or repair. For the purposes of this Chapter, "commercial" is defined as any activity involving the sale of goods or services carried out with the intent of earning a profit. () Storage of home heating fuels in approved containers in amounts greater than 275 gallons or in the aggregate, greater than 275 gallons (g) Treatment works that are sub,]ect to 314 CMR 5.00, including privately owned sewage treatment facilities, and: [1] The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works. [2] The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s). [3] Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater. [4] Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to the Department of Environmental Protection's and the special permit granting authority's satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality. § 174-57 Performance standards. [Amended 11-17-2008 FYTM, Art. 17, 10-19-2009 FYTM, Art. 181 To preserve the natural land surface providing high-quality recharge to the groundwater, to limit sewage flow and fertilizer application to amounts which will be adequately diluted by natural recharge and to prevent the discharge or leakage of toxic or hazardous substances into the surface and groundwater resources, all new, altered or expendedexpanded uses within Zone I, Zone II and/or the DCPC area shall meet the following performance standards, in addition to those requirements imposed by this article or the Planning Board: Commented [MN2]: when the stormwaterbylaw is approved, this special permit provision would beduplicative and will no longer be needed. The WQ Review Committee can still provide input on stormwater designs for projects in their jurisdiction A A—No new, altered or expanded uses Rw-sitwle-famitv-henlesresidential uses (Table r Use 1 ^b'�` within Zone I, Zone It andlor the DCPC area shall exceed a five -parts -per -million (ppm) nitrogen loading standard based on the methodology contained in !he Cape Code Commission's Nkrogen Loading Teeli,teal Wullet,.91 091 in the Brewster Board of Health Nitrogen Loading Regulation The overall concentration of nitrate nitrogen resulting from domestic wastewater disposal road runoff. an44err ^^ wfcrtshzer application, and other nitrogen sources, when diluted by rainwater recharge on the lot, shall not exceed five parts per million (5 ppm) An offset fee can be offered to the "town if a pi oposed protect cannot meet thr 5 mUIL standard The fee will be used by the Town to mitigate other nitrogen sources within a Zone 1, Zone It and/or DCPC area. The fee is based on the amount of nitrogen loading that must be reduced to meet the standard as defined in the Board of Health Nitroern Loading Regulation. (4�—No new, altered or expanded uses for retail, wholesale sales. office, Eommcrcial, or Industrial uses within Zone 1, Zone 11 and/or the DCPC area shall exceed is three -parts -per -million (gam) i Itrogen loading standard based on the methodology contained- in the Brewster Board of Health Regulation •- -- The overall concentration of nitrate nitrogen resulting from wastewater disposal, road runoff, fertilizer application and other nitrogen sources, when diluted by rainwater rccharge on the lot. shall not exceed three parts per million Q ppm). An offset fee can be offered to the Town if a proposed prosect cannot meet the 3 ms/L standard_ An offset fee can be offered to the Town if a pioposed prosect cannot meet the 5 ms/L standard. The fee will be used by the Town to mitigate other nitrogen sources within a Zone 1, Zone 11 and/or DCPC area. The fee is based on the amount of nitrogen loading that must be reduced to meet the standard as defined In the Board of Health Nitrogen Loading Regulation The policies and txocedures in the Brewster Board -f Health Nitrogen Loading, Regulation will be used to confirm compliance a Ith the 5 mglL and i mgL Commented [MN3]: Lowering this thresholdwill reduce l the impacts of buildout on Pleasant Bay by 25-30% standards and to calculate anv nitrogen loading offset fees These Include the use of a nitrogen loading spreadsheet developed by the Board of H._alth to al,ulatc th nitrogen concentration for a ,a p- t : property based on the proposed land uses he Board of Health or the Health Agent Lvill Commented [MN41: Should anyone else be involved to review the proM ed protect and the nitrogen loading_sprcadshect calculations for compliance tirith l the reviewofthe nitrogen loading calculations? the health regulation and the performance standards In this Bylaw sertditiens: 1—:1 V -F fW #Irr- hi! ItiA ----- Commented [MNS]: It is proposed to move the details on the nitrogen loading calculations to the Board of Heatth ..1 simenoi. ....,a..,,.u;,,,,. -s, i Nitrogen Loading Regutation - �r9�i8t1#+ff+Jsf>. {955�61minp 1}KRtf-pee. et1+#per-dy.e•ltli".'—.'•-5 1hi# + *�ilfOgiffl I# iiin laAlni0 tilieerIHir.+s ptrrmrl pre l-0Ulf, tuirr frrl#�cn,_ I ,i a 'A .QS- �ptes###Iifitlitrp;-t1 H1�1$+>xisrit-#�txw�oads-trnd�H�-, BC. All toxic or hazardous materials shall be stored In product -tight containers, protected from corrosion, accidental damage or vandalism and shall be used and handled in such a way as to prevent spillage with provisions for spill containment and cleanup procedures In addition, commercial enterprises shall be required to maintain a product inventory and reconcile said inventory with purchase, use, sales and disposal records at sufficient intervals to detect product loss. Subsurface fuel and chemical storage facilities In compliance with locnl regulations and Massachusetts fire prevention regulations shall be deemed to be in compliance with this standard C No toxic or hazardous materials shall be present in waste disposed on the site Waste composed in part or entirely of toxic or hazardous materials shall be retained in product -light containers for removal and disposal by a licensed scavenger service or as directed by the Board of Health. D Contaminant levels in groundwater resulting from disposal of any substance from operations, other than personal hygiene and food for residents, patrons and employees or from wastewater treatment and disposal systems greater than 10,000 gallons per day capacity, shall not exceed those levels specified in the Drinking Water Regulations of Massachusetts, 310 CMR 22.00, after allowing for dilution by natural recharge on the premises. If higher, background levels of individual constituents in the groundwater shall not be exceeded. E All new, altered or eananded uses shall omp:v with the requirements of the Siormwah•r Management Bvlaty i Chapter 1721 to collect. treat and manaLe stormwater. ,ill-rwrtrlt: trtiin;liilierr+ttussui a��rr kielf t o a -A. 41' M for -;i f&m4-infiliralion-an the -.tifunr-fr�mi�tla�•1,. _',.z,r,�- -'�,v," #+�t�seik+rrly-wlreis-nt)irr rrre•tlii�t+-m�inle •..-:,:'�'4,�,..� :'+iillfiei+trereitif br-ntl�•�r _._ . _ .��tn�Fettt+i+iinte3�tr1�15�iN�tt+4i-{d�twea+ienl- r+r Biot deliver} prink. prr,viiiix}itin4i iirirtadr far spill cvxnrA- I�kh� Wninttslerd-44Fcws�r113ntlerxlere�-stf�teFaf�i�lre7+k�lrtle�r��entrt+�r#r«lir,r �ri..*iti�r�i;rrfti',;ii r��r+fdR+l♦#fAl� t<�F!.4#Nitw�1'NI@F-tt'tFtnlld�'tflailL 1 � I ^;sif►r Jea r»riil- FrstJt-i++-trd._..,_,..._r..__........_.....d....._._.......__ ..F11A...,_Alf n,.a =�--tax+sl�kwelepf+ttlt...a..rr....-.., �.,..�- ri„ti �... c-,4 �t�:iieltfaEt2v�legrment Ji;cltnrgai:ke4 (44-4 etiw-deyelopir+ent shall masiintiL-ri-chvrs-r ngfumidvRHer 1.}}--NY,%Y Jewinjimetil 5104- be mvnr r trx+v +Ni tl + L;R;i Kt2ko- til t he ;vuimil loml "9,,4+d*& r,�4idk-�n�faretk-tr�+itr�k�:e7it f+tae+tt-rt�� Commented (MN61: Detet ng this text and referring to the new stormwater bylaw. J G Sand and gravel removal operations shall be limited to a plane thnt is at least 10 feet above the historical high groundwater level for that location. Land area exposed at any one time shall be limited to no more than five contiguous acres in surface area and land disturbed by sand and gravel removal operations shall be returned to a natural vegetative state within one year of completion of operations H Monitoring of regulated substances in groundwater monitoring wells If required by the Planning Board, groundwater monitoring well(s) shall be provided at the expense of the applicant in a manner, number, and location approved by the Planning Board. Except for existing wells found by the Planning Board to be adequate for this provision, the required well(s) shall be installed by a water well contractor. Samples shall be analyzed and analytical reports that describe the quantity of any hazardous material or waste present in each monitoring well shall be prepared by a Massachusetts certified laboratory. § 179-58 Prohibited uses within Pleasant Bay Watershed. [Amended 11-17-2008 FYTM, Art. 171 (Reserved) § 179-58.1 Useslstructures allowed by special permit within the Pleasant Bay Watershed. [Added 11-17-2008 FYTM, Art. 171 (Reserved) § 179-58.2 Performance standards within Pleasant Bay Watershed. [Added 11-17-206S FYTM, Art. 17] (Reserved) § 179-59 Prohibited uses within the watersheds of surface water bodies other than Pleasant Bay. [Amended 11-17-2008 FYTM, Art. I71 (Reserved) § 179-59.1 Uses/structures allowed by special permit within watersheds of surface water bodies other than Pleasant Bay. [Added 11-17-2005 FYTM, Art. 171 (Reserved) § 179-59.2 Performance standards within watersheds of surface water bodies other than Pleasant Bay. [Added 11-17-2008 FYTM, Art. 171 (Reserved) § 179-60 (Reserved) [Amended 11-17-2008 FYTM, Art. 171 § 179-61 Water quality review. A. Water Quality Review Committee. There is hereby established a Water Quality Review Committee (WQRC), comprising one representative each appointed from time to time by and from the Select Board, Board of Health, Planning Board, Conservation Commission, Water Commission, Comprehensive Water Planning Committee, Health Director and Building Commissioner [Amended 11-18-2013 FYTM, Art. 10;11-13-2017 FYTM, Art. 13] B. Certificate of water quality compliance. (1) A certificate of water quality compliance shall be obtained by the owner of the premises from the WQRC or, for special permit uses, from the SPGA: (a) For erection of any new principal structure other than a single-family dwelling or for change in occupancy requiring a certificate of use and occupancy under the State Building Code. (b) For occupancy of any premises not requiring a Certificate of use and occupancy but involving the storage, handling or transportation of toxic or hazardous wastes. (2) No building permit or certificate of use and occupancy shall be issued by the Building Commissioner unless a certificate of water quality compliance, if required, has been applied for or obtained. C. Requirements. A certificate of water quality compliance shall be granted only as follows. [Amended 11-18-2019FYTM, Art. 6] (1) For new construction or additions or new activities not involving structures, only if in full compliance with all requirements of § 179-57, Performance standards (2) For change in occupancy or operation on previously developed premises, only if the requirements of § 179-578, C and D are met, and the requirements of all other subsections of § 179-57 are either met or, if previously exceeded, there will be no further increase in noncompliance. D. Submittals. In applying for a certificate of water quality compliance or a special permit, seven -two oaner sets and one cautof application materials shall be submitted to the Building Commissioner, who shall forward em-setthem to each member of the WQRC. In the case of uses requiring a special permit under § 179-56D, one set shall also be submitted to the SPGA along with any other application materials. All information necessary to demonstrate compliance must be submitted, including but not limited to the following- [Amended 11-18-2019FYTM, Art. 61 (1) A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures to protect from vandalism, corrosion and leakage and to provide for control of spills. (2) A description of potentially toxic or hazardous materials to be generated, indicating storage and disposal method. (3) Evidence of approval by the Massachusetts Department of Environmental Protection of any industrial waste treatment or disposal system or any wastewater treatment system over 15,000 gallons per day capacity, accompanied by analysis by a professional engineer in sanitary or civil engineering registered in the Commonwealth of Massachusetts certifying compliance with § 179-57D. E. Action. For uses not requiring a special permit under § 179-561), the WQRC shall act within 21 days of application, approving it by issuing a certificate of compliance if a majority determine that the applicant has adequately demonstrated compliance with the requirements of the Water Quality Protection District, and rejecting the application otherwise. For uses requiring a special permit under § 179-56D, the WQRC shall make recommendations to the SPCA within 35 days of receipt of the application, as provided in MGL c. 40A, § 1 1. Amended 11-18-2019FYTM, Art. 61 F. Certificate review. (l) Each three years the WQRC shall review compliance with this article and the certificate of water quality compliance, Upon request, certificate holders shall submit the following - (a) Description of any changes from the originally submitted materials. (b) ICertification that the waste disposal system has been inspected by a licensed septic system installer or treatment plant operator within the preceding 90 days and found to be properly maintained and in proper operating condition bescription of any maintenance, repair, replacement, or expansion of the existing .......... - commented [AvHr]: see attached language changes sewage disposal system, sewage pumping, or certified inspections completed from the the date of the suggested and agreed upon by the WQRC members an issuance of the last certificate renewal. The Certificate holder shall self -certify that the sewage disposal 1713U2020- J sv%tem has been Prow -fly maintained and is in proper operating condition. (c) Results from analysis of leachate or wastewaters as may be required by the Board of Health. (d) Documentation on the operation and maintenance of stormwater facilities permitted under the Stonmwater Management Bylaw (Chapter 172), (2) Evidence of noncompliance shall be reported to the Building Commissioner for enforcement action. § 179-62 Enforcement. A. Inspection These provisions shall be enforced by the Building Commissioner. The Building Commissioner or agent of the Board of Health may enter upon the premises at any reasonable time to inspect for compliance with the provisions of this article. Evidence of compliance with approved waste disposal plans may be required by the enforcing officers, All records pertaining to waste disposal and removal shall be retained. B. Violations. Written notice of any violations shall be provided to the holder of the certificate of water quality compliance, specifying a time for compliance, including cleanup of any spilled materials which is reasonable in relation to the public health hazard involved and the difficulty of compliance, but in no event shall more than 30 days be allowed for either compliance or finalization of a plan for longer term compliance, approved by theANWW ater Duality Review Committee. DRAFT MEETING MINUTES AUGUST 11, 2021 Www. r Brewster Planning Board Approved: 2198 Main Street Vote: ;} Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov BREWSTER PLANNING BOARD MEETING MINUTES Wednesday, August 11, 2021 at 6:30 pm Brewster Town Office Building (virtual) Chair Paul Wallace convened a remote meeting of the Planning Board at 6:33 pm with the following members participating remotely: Roberta Barrett, Amanda Bebrin, Charlotte Degen, Madalyn Hillis -Dineen, Mark Koch, and Elizabeth Taylor. Also participating remotely: Ryan Bennett, Town Planner and Lynn St. Cyr, Senior.Department Assistant. This meeting will be conducted by remote participation pursuant to Chapter -20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast thiimeeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may.. a viewed. by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream brewster-ma gov), or Video'recording (tv.brewster-ma.gov). The Planning Board Packet can be found at: htt ://records:btewster-ma. ov/weblink/M� 1/118289/Rowl.as x or by going to the Planning Department page on the Town of Brewst&" tebsite (www.brewster-ma. ti Wallace declared that a quorum of the Planning Board was presew 6:34 PM CITIZEN'S FORUM Ron Essig, 154 Crowells Bog Road, stated that he submitted written comments to the Planning Board regarding Special Permit Application #2021-07. The Board noted that there was a request by the Applicant to continue the hearing on that application to September 81h. The Board asked Mr.'Essig to hold his comments until the hearing. 6:37 PM PUBLIC MEETING Modification of Site Plan Review Approval #2019-28: Applicant/Owner: Latham Centers, Inc. Representative: Andrew L. Singer, Esq., Law Office of Singer & Singer, LLC for property located at 1439 Main Street and shown on Assessor's Map,48, Lot 61 in the Residential Medium Density (R -M) zoning district. The Applicant proposes site improvements including renovating and expanding the existing facility and parking areas along with a new two-story building containing student apartments pursuant to Section 179-64 of the Brewster zoning bylaw. (A continuance to September 22, 2021 has been requested by the Applicant) Documents: • 07/26/21 Letter from Andrew Singer Motion by Degen to Open the Public Meeting on Modification of Site Plan Review Application #2019-28. Second by Taylor. Vote: Taylor -aye; Koch -aye; Bebrin-aye; Barrett -aye; Hillis -Dineen -aye: Degen-aye; and Wallace -aye. Vote: 7-0-0. Bebrin stated that she filed a Disclosure of Appearance of Conflict of Interest with the Town Clerk for this application. She stated she feels she can perform her official duties objectively and fairly. Motion by Degen to Continue the Public Meeting on Modification of Site Plan Review Application #2019-28 to September 22, 2021. Second by Hillis -Dineen. Vote: Taylor -aye; Koch -aye; Bebrin-aye; Barrett -aye; Hillis -Dineen - aye; Degen-aye; and Wallace -aye. Vote: 7-0-0. 6:40 PM PUBLIC MEETING CONTINUED Review and Vote to Refer Flood o'ain Zoning Bylaw Amendment to Select Board • 08111/21 Floodplain Zoning Bylaw Amendments The Board discussed revising the formatting of the floodplain bylaw amendment and pointed out scrivener's errors. There was discussion regarding procedure and Bennett stated that the Board would be voting to refer the amendment to the Select Board so that the Select Board could vote to refer the amendment back to the Planning Board for a public hearing. PB Minutes 08111/21 Page 1 of 4 Motion by Hillis -Dineen to Refer the Floodplain Zoning Bylaw Amendment to the Select Board. Second by Barrett. Vote: Barrett -aye; Taylor -aye; Bebrin-aye; Hillis -Dineen -aye; Koch -aye; Degen-aye; and Wallace -aye. Vote: 7-0-0. 6:50 PM PLANNING DISCUSSION Approval of Meeting Minutes- July 28 2021. The Board reviewed the July 28, 2021 meeting minutes. Motion by Barrett to Approve July 28, 2021 Meeting Minutes, as amended. Second by Bebrin. Vote: Degen-aye; Koch -aye; Taylor -aye; Hillis -Dineen -aye; Bebrin-aye; Barrett - aye; and Wallace -aye. Vote: 7-0-0. 6:53 PM FOR YOUR INFORMATION The Board noted that they received a memorandum from the Division of Fisheries & Wildlife regarding the updated priority & estimated habitat map of rare species. Degen mentioned that she registered for the One Cape Summit being presented by the Cape Cod Commission in August. Degen also noted that a best practices training session for all town board and committee members will take place in September. Bennett reminded Planning Board members that the department has a budget for member training and that registration fees for trainings are reimbursable. Motion by Hillis -Dineen to Recess to 7:00 pm. Second by Degen. Vote:' Degen-aye;'Hillis-Dineen-aye; Barrett - aye; Bebrin-aye; Taylor -aye; Koch -abstained; and Wallace -aye. Vote: 6-0-1. Recess taken at 6:57 pm. Motion by Degen to Reopen the Planning Board Meeting. Second by Hillis -Dineen. Vote: Degen-aye; Hillis - Dineen -aye; Barrett -aye; Bebrin-aye; Taylor-aye;"Koch-aye; and Wallace -aye. Vote: 7-0-0. Meeting resumed at 7.01 pm 7:02 PM PUBLIC HEARINGS CONTINUED Special Permit Appllcation #2021-07: Applicant: .Tit ti.iothy Nal.rhes. Owner: Morris N. Kazanjian, Jr. clo Caryn Kazanjian for property located at 0 Crowells Bog Road and shown on Assessor's Map 61, Lot 11 in the Residential Low Density (R -L) and Residential Rural (R -R) zoning districts. Pursuant to §179-26D and §179-51 of the Brewster zoning bylaw, the Applicant seeks a special perrM to construct a single-family dwelling on a pre-existing lot of record lacking street frontage. (continued from July 14, 2021.) Documents: • 08/11/21 Email from Bill Henchy Applicant Timothy Holmes was present, Wallace read a request for continuance from Bill Henchy dated August 11, 2021 into the record. Motion by Hillis -Dineen to, Continue the Public Hearing on Special Permit Application #2021-07 to September 8, 2021. Second by Bebrin. Vote: Barrett=aye; Hillis -Dineen -aye; Degen-aye; Koch -aye; Taylor -aye; Bebrin-aye; and Wallace -aye. Vote: 7-0-0. 7:04 PM PUBLIC HEARINGS -CONTINUED Special Permit and Site Plan Review Waiver Application #2021-09: Applicant: Danielle Panzica, Owner: TKC Investments, LLC for property located at 2671 Main Street and shown on Assessor's Map 89, Lot 20 in the Village Business (V -B) zoning district. The Applicant proposes a food trailer as an accessory use to the current restaurant use pursuant to §179-51, §179-66, and §179-67 of the Brewster zoning bylaw. Documents: • 08/05/21 Revised Planning Board Application with revised site plan and photo • 08/11/21 Email from Victor Staley Danielle Panzica and Jayme Valdez participated remotely and presented their revised application to the Board. Panzica stated that she reviewed comments made at the last meeting and revised the site plan to show the new location for the food trailer as well as the flow of pedestrian foot traffic. PB Minutes 08/11/21 Page 2 of 4 Hillis -Dineen read an email from Victor Staley dated August 11, 2021 into the record Wallace announced that Degen has signed a Mullin Affidavit to participate in the hearing. Degen confirmed with the Applicant that the food trailer did not have an engine and needed to be towed to be moved. Valdez stated, in response to Staley's email, that the wires that need to be connected to the tow hitch to move the trailer are located inside the trailer. Valdez stated that he responded to Staley's email with this information. Wallace stated that the Planning Board decision could include a condition for Historic District Committee approval, if necessary. Degen asked the Applicant for clarification on the tables being placed outside and the seeding that will be done Panzica confirmed that the tables will be placed underneath the trees and seeding will be done on an as needed basis. Hillis -Dineen stated that the new design submitted was much better than the original one and appreciated that the trailer has been moved back further from the road. She wished the Applicant well with this endeavor Barrett thanked the Applicant for the redesign and appreciated that there would be no loss of parking Barrett thought relocating the trailer under the trees and the addition of pavers worked well. Taylor stated she did not think trailers were allowed in Brewster' and found the comments received relating to review by the Historic District Committee interesting. Taylor expressed concerns regarding traffc,and noted that there was a recent bad accident near this location. Bebrin asked the Applicant for information on the hours of operation and the- Applicant responded that the trailer would be in operation from 11 am- 4 pm or 5 pm but there would be no night operatlo�i: ' At Bebrin's request; the Applicant clarified the ordering/food pick up process from the trailer window which would be facing the picnic tables. Koch stated that it would have been beneficial to have the. property Iines'and,setbacks delineated on the plan. Koch stated that he was not concerned with the trailer not:fitting in with -the neighborhood. He recognized that the location was in a congested area and appreciated traffic concerns but,suggested more specific information be provided on accidents in the area if they were a concern Wallace noted that the Applicant was requesting,a site plan review waiver and a special permit for the use. Wallace stated that he was supportive of the application. :He believes that the changes to the site are minimal and do not necessitate a full site plan review. Wallace stated that although there may be traffic issues in the area, the Applicant is using the site as is which should not Impact traffic flow: Degen asked if there'was a bike rack on site and Panzica responded that there was not currently a bike rack, but one could be added. lace suggested a bike rack_be_a condition of the decision. Barrett suggested a condition that if the Applicant decided`to.open in the evening, they would. need to return to the Board with a lighting plan. Wallace asked if there were%any comments from members of the public. Judy Scherzo, 227 Winslow Wa .Oing Road;" asked for an update on the request to create an exit from the property to Winslow Landing Road. Wallace -responded that the Applicant was no longer proposing an exit on to Winslow Landing Road and the site layout will stay the same: Meridith Baler, 2663 Main Street, expressed concern over the landscaping on the property and did not believe it was suitably landscaped and was detrimental to her as an abutter. As this is an application for a special permit for an accessory use, Baler asked the Board to consider all the findings in issuing a special permit. She stated that the northwest corner of the property is the busiest area of the restaurant and is an open area to her property. Baler urged the Board to consider Paragraph 5(a)8 of the special permit findings and require suitable landscaping to protect the character of the neighborhood and adjacent property. Baler referred the Board to Paragraph B of the site plan review standards related to landscaping. She asked the Board to consider the importance of maintaining the privacy of residential properties. Baler asked the Board to condition the permit to include screening and to apply the special permit finding to protect the character of the neighborhood and adjacent property with suitable landscaping. Panzica responded to Baler's comments and stated that she was willing to add plantings to the north and northwest corner of the property so long as it was affordable. Baler appreciated the Applicant's comments and stated that she did PB Minutes 48/11121 Page 3 of 4 not want the Applicant to spend a lot of money but pursuant to the bylaw the property does need to be suitably landscaped. Bennett suggested a condition of the special permit could be to require fencing and/or shrubs to provide screening to the abutter. There was discussion on maintenance of the plantings. Valdez stated that it was the Applicant's intent to provide privacy screening in the back of the lot and to keep it free of trash and debris. Valdez stated that he has had discussions with Baler about screening the back of the lot and the trash area and they intend to do that. Bennett suggested a condition that prior to the issuance of a Certificate of Occupancy for the principal restaurant use, the property be suitably landscaped to protect the character of the neighborhood and adjacent property. Panzica stated that it was the Applicant's intention to add plantings in the Fall. Taylor asked for additional details on the screening and the Applicant stated that they would be adding trees and shrubs along the property line but did not plan to add a fence. Taylor stated that Leyland Cypress trees grow fast and large and are something the Applicant should consider fof screening. The Board discussed the special permit findings and decided to include the finding that the site will be suitably landscaped to protect the character of the neighborhood and adjacent property Motion by Degen to Close the Public Hearing on Special Permit and Site: -Plan Review Waiver Application #2021- 09. Second by Hillis -Dineen. Vote: Koch -aye; Hillis -Dineen -aye; Belbrin-aye; Taylor -aye; Barrett -aye; Degen-aye; and Wallace -aye. Vote: 7-0-0. The Board discussed findings and conditions to be included in the special permit.decision. Bennett noted a finding to include the hours of operations from 11 am to 4 pm with a condition that if the hours are extended into the evening the Applicant return to the Board with a lighting plan. Additional:conditions also include that a bike rack will be installed, and the trailer will maintain a 5' setback to the sideline of the property. A finding that the site will, be suitably landscaped to protect the character of the neighborhood and adjacent property prior to the restaurant use becoming reestablished. Hillis -Dineen asked about HDC review. Bennett stated that if the trailer can be registered through the MA Department of Transportation, HDC review will not be needed because the trailer will, not be considered a sfructure. Koch suggested the :1 condition regarding hours of operation be revised to 1 am to sundown because of the seasonal nature of the business. Wallace added that if the hours of operation extended beyond sundown the Applicant would need to return to the Board. The Applicant stated that it was their intention to operate the'.trailer seasonally,,from April to October. Motion by Degen to Waive Site Plan Review for Special Permit and Site Plan Review Waiver Application #2021-09. Second by Bebrin. Vote: Hillis -Dineen -aye; Koch -aye; Bebrin-aye; Taylor -aye; Barrett -aye; Degen-aye; and Wallace -aye. Vote: 7-0-0. Motion by Hillis -Dineen to Approve the Special Permit for Special Permit and Site Plan Review Waiver Application #2021-09 with Findings and Conditions, as discussed. Second by Bebrin. Vote: Koch -aye; Hillis -Dineen -aye; Bebrin-aye; Degen-aye; Barrett -aye; Taylor-aye;And Wallace -aye. Vote: 7-0-0. Motion by Hillis -Dineen to adjourn. Second by Degen. Vote: Bebrin-aye; Degen-aye; Hillis -Dineen -aye; Koch - aye; Taylor -aye; Barrett -aye; and Wallace -aye, :Vote: 7-0-0. Meeting adjourned at 7:46 pm. Next Planning Board Meeting Date: 06/25/21 Respectfully submitted, Lynn St. Cyr, Senior Department Assistant, Planning PB Minutes 08111/21 Page 4 or 4