HomeMy Public PortalAboutSelect Board Meeting Packet - 09.03.2021TOWN OF BREWSTER SPECIAL TOWN MEETING SEPTEMBER 25TH, 2021
Barnstable, ss
To: Roland W. Bassett, Jr. Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and
inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet at the Stony
Brook Elementary School, 384 Underpass Road, on Saturday, September 25th, 2021, next, at
10:00 o’clock in the morning, then and there to act upon the following articles:
Article 1 - 500 W.H. Besse Cartway
To see if the Town will authorize the Select Board to acquire, by purchase, gift, and/or eminent
domain, the parcel of land with the improvements thereon located at 500 W.H. Besse Cartway,
Brewster, containing 66 acres, more or less, shown on Assessors Map 84 as Parcel 45, and
described in a deed recorded with the Barnstable Registry of Deeds in Book 1388, Page 1185,
for habitat protection, watershed protection, open space, conservation and passive recreation,
active recreation, community housing, and/or general municipal purposes, and for the purpose
of granting conservation easements and/or restrictions on such portions of the property that
the Select Board may determine to provide for habitat protection, watershed protection, open
space, conservation and passive recreation purposes, and to raise and appropriate, transfer
from available funds, and/or borrow a sum to fund the foregoing acquisition and the payment
of all costs incidental or related thereto; provided, however, that the appropriation authorized
hereunder shall be contingent upon approval by the voters of a ballot question to exclude the
amounts to pay for any bonds or notes authorized for this purpose from the provisions of
Proposition 2½, so called, and to authorize the Select Board to convey the foregoing
conservation easements and/or restrictions to charitable corporations or trusts whose
purposes include conservation of land or water areas on such terms and conditions as the
Select Board deems appropriate, and, further, to authorize the Select Board and/or its designee
to apply for, accept and expend any state and/or federal grants and/or loans or other public or
private funds that may be available for the foregoing purposes and to take any and all actions
and execute any and all documents necessary or convenient to accomplish the foregoing
purposes; or take any other action in relation thereto.
Article 2 - 3057 Main Street
That the Select Board is authorized to acquire, by purchase, gift, and/or eminent domain, the
parcel of land with the improvements thereon located at 3057 Main Street, Brewster,
containing 54.7 acres, more or less, shown on Assessors Map 101 as Parcel 45, and described in
a deed recorded with the Barnstable Registry of Deeds in Book 1388, Page 1188 (excluding
therefrom the parcel shown on Assessors Map 101 as Parcel 46) and in Certificate of Title No.
30242, for habitat protection, watershed protection, open space, conservation and passive
recreation, active recreation, community housing, community center and/or general municipal
purposes, and for the purpose of granting conservation easements and/or restrictions on such
portions of the property that the Select Board may determine to provide for habitat protection,
watershed protection, open space, conservation and passive recreation purposes, and to raise
and appropriate, transfer from available funds, and/or borrow a sum to fund the foregoing
acquisition and all costs incidental or related thereto; provided, however, that the
appropriation authorized hereunder shall be contingent upon approval by the voters of a ballot
question to exclude the amounts to pay for any bonds or notes authorized for this purpose
from the provisions of Proposition 2½, so called, and to authorize the Select Board to convey
the foregoing conservation easements and/or restrictions to charitable corporations or trusts
whose purposes include conservation of land or water areas on such terms and conditions as
the Select Board deems appropriate, and, further, to authorize the Select Board and/or its
designee to apply for, accept and expend any state and/or federal grants and/or loans or other
public or private funds that may be available for the foregoing purposes and to take any and all
actions and execute any and all documents necessary or convenient to accomplish the
foregoing purposes; or take any other action in relation thereto.
Article 3 - Maintenance and Upkeep of Properties
To see if the Town will vote to transfer from free cash the sum of $200,000 to pay costs
associated with the maintenance, security, operations, repair and/or rehabilitation of the
parcels of land and the improvements thereon located at 3057 Main Street and/or 500 W.H.
Besse Cartway, with said moneys to be expended under the direction of the Select Board; or
take any other action in relation thereto.
You are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time
and place of said meeting as aforesaid.
Given under our hand and Seal of the Town of Brewster, affixed this 3rd day of September 2021.
__________________________________________ ______________________________________
Cynthia A. Bingham, Chair Edward B. Chatelain, Vice-Chair
__________________________________________ ______________________________________
David C. Whitney, Clerk Mary W. Chaffee
__________________________________________
Kari Sue Hoffmann
I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I
served the Warrant for the Special Town Meeting of September 25, 2021 by posting attested
copies thereof, in the following locations in the Town on the 3rd day of September 2021.
Brewster Town Offices Café Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster General Store Millstone Liquors
U. S. Post Office
_________________________________
Roland W. Bassett, Jr. Constable
Archive d: Thursday, September 2, 2021 4:43:06 PM
From: Lynn St. Cyr
Se nt: Mon, 30 Aug 2021 14:19:29 +0000Authentication
To: Erika Mawn
Cc: Ryan Bennett; Paul Wallace; Peter Lombardi; Donna K alinick
Subje ct: Referral for proposed Stormwater Management Bylaw
Se ns itivity: N ormal
Attachme nts :
Stormwater_2021TM_ArticleXX_Final.docx; Stormwater_2021TM_ArticleXX_Final.pdf;
Good morni ng Eri ka,
At their August 25, 2021 meeti ng, the Pl anning Board voted 5-0-0 to refe r the attache d propose d Stormwater Management Byl aw to the Se l e ct Board to
initi ate the public he ari ng prior to the November Town Me e ting. The Stormwate r Management Byl aw is proposed as Chapter 272 of the Bre wste r Town
Code.
We re que st the Select Board refe r this article back to the Pl anning Board at your Septe mbe r 3, 2021 meeti ng to satisfy the Attorne y General require me nts.
The Planni ng Board wi l l hold a publ i c hearing on this propose d byl aw on Wednesday, Septe mbe r 22, 2021.
Please let me know if you have any questi ons.
Thank you and take care,
Lynn
Lynn M. St. Cyr
Se ni or Departme nt Assistant
Planni ng Departme nt
Bre wste r Town Offices
2198 Main Street
Bre wste r, MA 02631
T: 508-896-3701 x1233
F: 508-896-8089
Beginning Tuesday July 6th, Town offices will be open to the public on Tuesday, Wednesday, and Thursday. Residents and visitors are urged to continue to
access town services remotely if possible. Phone messages and email communications will continue to be answered promptly. If you need assistance, please
call (508)896-3701 ext. 1133 and/or email us at brewplan@brewster-ma.gov. Thank you for your understanding and cooperation. For the latest updates on
Town services, please visit www.brewster-ma.gov.
Article XX-Stormwater Management Bylaw
Purpose: To add a Stormwater Management Bylaw, proposed as Chapter 272 of Brewster’s
Town Code, to incorporate required elements from the Massachusetts Municipal Separate
Storm Sewer Systems (MS4) General Permit, and to further the Town’s water quality
improvement plans to mitigate stormwater impacts to ponds.
Chapter 272
Stormwater Management Bylaw
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.
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
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 a
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
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.
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.
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 within the jurisdiction of the Brewster Wetlands Protection Bylaw (Brewster
General Bylaw Chapter 172), the Planning Board shall delegate 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.
Applicability
A Stormwater Permit shall be required for any of the following, except for an activity exempted
under Section 6 of this Bylaw:
A. Any land disturbance activity that will disturb 10,000 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 period, will result in a cumulative land disturbance of more than 10,000
square feet and/or a cumulative net increase in impervious 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
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.
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.
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.
(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) 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.
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 MS4 Permit, the Stormwater Authority will
enforce the more stringent of the requirements.
Procedures
A. 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 file 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.
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. 44, § 53G.
C. To obtain a Stormwater Permit, the applicant must show that site design,
construction-site 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 and 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.
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.
Inspection and Site Supervision
The Stormwater Authority or its designated agent shall make inspections to verify and document
compliance with the Stormwater Permit.
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 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 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 event the Town shall be entitled
to the security funds.
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.
I. 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.
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
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.
(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 affirming 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 31st day after the costs first become due.
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, § 21D, in which case designated agents of the Stormwater
Authority shall be the enforcing persons. The penalty for the first violation shall
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.
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.