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
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Town of Brewster Planning Board
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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
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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.
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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:
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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.
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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.
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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.
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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.
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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
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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).
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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
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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
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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,
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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.
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• 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
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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