HomeMy Public PortalAboutPlanning Board Packet 09/08/21Town of Brewster Planning Board
2198 Main St., Brewster, MA 02631
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(508) 896-3701 x1133
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MEETING AGENDA
oppon �`�°� September 8, 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 the 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), Livestream (livestream.brewster-
ma.goV), or Video recording (tv.brewster-ma.gov).
Meetings maybe joined by:
1. Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 841 0778 1002, Passcode: 612505.
To request to speak: Press *9 and wait to be recognized.
2. Zoom Webinar: httos•//us02web zoom us/i/84107781002�nwd=VTVSVI ExaUNCL253NmNZV21 Gdmo4dz09
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: ham://records.brewster-ma.gov/weblink/0/fol/118269/Row1.aspx 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 Planning 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. Approval Not Required Application #2021-11: Applicant/ Owner, Carey Anne Loving
and John Scott. Chace. Representative: John M. O'Reilly, P.E., P.L.S., J.M. O'Reilly &
Associates, Inc. for property located at 0 Waldun Way and shown on Assessor's Map 52,
Lot 4 in the Residential Medium Density (R -M) zoning district.
6. Continued review and discussion on proposed amendments to the Water Quality
Protection District Zoning Bylaw (Chapter 179, Article XI).
7:00 PM PUBLIC HEARING
7. Continued Special Permit Application #2021-07: Applicant: Timothy Holmes. Owner:
Morris N. Kazanjian, Jr, c/o 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 permit to construct a single-family
dwelling on a pre-existing lot of record lacking street frontage. (Continued from August
11, 2021)
8. Approval of Meeting Minutes: August 25, 2021.
9. For your Informati
on.
10. Matters Not Reasonably Anticipated by the Chair.
11. Next Meetings: September 22, 2021 and October 13, 2021.
12. Adjournment,
Date Posted: Date Revised: Received by Town Clerk:
09%01/21 -:
APPROVAL NOT REQUIRED APPLICATION #2021-11
APPLICANT: LAK EY ANNE LOVING
JOHN SCOTT CHACE
PROPERTY: 0 WALDUN WAY
��O�a J.M. O�REILLY & ASSOCIATES, INC.
O
ONis
PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting
August 20, 2021
JMO-8716
Brewster Planning Board
2198 Main Street
Brewster, MA 02631
RE: APPROVAL NOT REQUIRED (A.N.R.)
0 Waldun Way, Brewster, MA
Assr's Map 52, Parcel 4
Dear Board Members,
On behalf of the owners, Carey Anne Loving and John Scott Chace, J.M. O'REILLY &ASSOCIATES,
INC. is submittingthe attached approval Not Required (ANR) Plan showing the proposed division
of the above referenced parcel into two lots.
The Chace family owns Lot 4 on Waldun Way (Locus) and the adjacent parcel at 144 Pine Bluffs
Road (Parcel 11, Map 52). The purpose of the division is to divide Lot 4 into two parcels, Lot 7
and Lot 8. The division is eligible to be accepted as an Approval Not Required Plan since Lot 7
will retain the necessary frontage and lot area so as to be compliant with the requirements of
Brewster's Zoning Bylaw with Lot 8, an un -buildable parcel, being merged with the adjacent
Parcel 11.
We look forward to meeting with the Planning Board so as to answer any questions the Board
may have.
Very truly yours,
J.M. O'REILLY &ASSOCIATES, INC.
John M. O'Reilly, P.L.S.
Principal
CC: Client
I j'73 MAIN STREET, P�. BOX I%%3, BREWSTER, MA 02631 •PHONE: (SO$) 596-660I •FAX: (So8) Sq6-66oa
W W W.JMOREILLYASSOO.COM
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
Date & Time Received
Town Clerk's Office
FORM A
APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL (ANR)
Please provide twelve (12) copies of this application along with ten (10) 11" x 17" sized plans and two (2)
24"x 36" sized plans along with one (1) Mylar. Please also provide an electronic copy of the application
and any plans in pdf format.
Date: s-11-2021
To the Planning Board:
Application # lJ ` I
The undersigned believing that the accompanying plan of his property in the Town of Brewster does not constitute
a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination
and endorsement that Planning Board approval under this Subdivision Control Law is not required.
Name Of Applicant: Carey Anne Loving &John Scott Chace
Address: 144 Pine Bluff Road
Owner, if differe
Address:
Name of Surveyor/Engineer: John M. O'Reilly, P.E., P.L.S.
Company Name: J.M. O'Reilly & Associates
, Inc.
Address: 1573 Main St., P.O. Box 1773, Brewster, MA 02631
Location and description of Property:
Vacant Parcel, Lot 4 on PB 367, pg 100; 0 Waldun Way
Map 52 Lot 4
Zoning District RM
Deed of property recorded in Barnstable County Registry
Or Land Court Certificate of Title N
Current number of lots one
Phone: 540-222-6835
Email: Jcloving@gmail.com
Phone:
Email:
Phone: 5os-s9s-ssol
Small: joreiily@jmoreiliyassoc.com
Book:2ss7s Page: 258
Proposed number of lots Two
Please provide aone-page description of the purpose of the ANR application. MA 1-111
Signature of Owner or Authorized Representative
Revised 05-2018 ANR Application Page 1 of 2
REFERENCE:
OWNERS:
CAREY ANNE LOVING
JOHN SCOTT CHACE
DEED INFORMATION:
BOOK 29878, PAGE 258
ASSESSOR INFORMATION:
ASSESSORS MAP 52, PARCEL 4
PIAN INFORMATION:
PLAN BOOK 367, PAGE 100
PLAN BOOK 181, PAGE 127
ZONING NOTE:
ZONING DISTRICT: RESIDENTIAL- MEDIUM (RM)
MINIMUM LOT SIZE: 60,000 SF
MINIMUM FRONTAGE: 150 FEET
MINIMUM BUILDING SETBACKS:
FRONT YARD: 40 FEET
SIDE YARD: 25 FEET
REAR YARD: 25 FEET
DATE
LEGEND
CB ■ CONCRETE BOUND
FND FOUND
IP IRON PIPE
NO DETERMINATION OF COMPLIANCE WITH ZONING REGULATIONS
HAS BEEN MADE OR IS INTENDED
SINCE THE PURPOSE OF THIS PLAN IS TO DIVIDE LOT 4, AS SHOWN
ON PLAN BOOK 367, PAGE 100, INTO TWO LOTS, LOT 7 AND LOTS.
LOT7 HAVING SUFFICIENT FRONTAGE AND AREA FOR THERM
ZONING DISTRICT AND LOT 8, ANON -BUILDABLE LOT, BEING
COMBINED WITH PARCEL 111 144 PINE BLUFF ROAD (SHOWN AS LOT
15 ON PLAN BOOK 181, PAGE 127),
APPROVAL IS NOT REQUIRED BYTHE BREWSTER PLANNING BOARD
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Stephen Kaser
0 Pine Bluff Roado
Assessors Map 52, Parcel 11 William &Laurel O'Connor ' ' o
c/o
Deed Book 23291, Page 235 'Norman & Doris Fine
132 Pine Bluff Road
' Assessors Map 52, Parcel 12
Deed Book 33010, Page 209 '
IR(FND)
W 4pUT
).00' S 82°39'45' ---- "'-
o rrn
'0 Go'
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Carey Anne Loving o C
John Scott Chace
144 Pine Bluff Road n I
sessors Map 52, Parcel 11 0
ed Book 29878, Page 261 'v
5, Plan Book 181, Page 127
I
N g2°39'45" E 160.00' '
I
Stephen Lyons ' I
152 Pine Bluff Road '
Assessors Map 52, Parcel 10 '
Deed Book 3459, Page 181 I
Howard & Laura McCullough
162 Pine Bluff Road '
Assessors Map 52, Parcel 9 I
Deed Book 15955, Page 56 '
I
I
1
Thomas & Stacey Faris
172 Pine Bluff Road
BREWSTER
Assessors Map 52, Parcel 8 ' I
Deed Book 12613, Page 43-13
I '
I
Esko &Mai Ala-Nisula
50 Waldun Way
' Assessors Map 52, Parcel 5
Deed Book 5356, Page 249
I CERTIFY THATTHIS PLAN WAS PREPARED IN
ACCORDANCE WITH THE RULES AND
REGULATIONS OF THE REGISTRARS OF DEEDS
EFFECTIVE JANUARY 1, 1976 AND
AMENDED JANUARY 7, 19886
DATE 8-Zd - ZoZ1
P.L.S.
PLAN OF LAND
IN
, MASSACHUSETTS
AT
LOT
PLAN
4- WALDUN WAY
BOOK 367, PAGE 100
SURVEYED
AND PREPARED FOR
CA
ANNE LOVING
AND
JOHN SCOTT CHACE
0 30 60 90
SCALE 1" = 30' JUNE 11, 2021
?t ASSOCIATES,
MADE BY
J.M. O'REILLY
INC.
1573 MAIN STREET, P.O. BOX 1773
BREWSTER, MASSACHUSETTS 02631
PHONE: (508) 896-6601
W W W.J MOREILLYASSOC.COM
G:\AAlobs\ChacE.8716\DWG\8716.ANR-FINAL.dwg JMO-8716
PLEASE RETURN T0:
Stephanie Konarski, Esq.
36 North Bedford Street
East Bridgewater, MA 02333
MASSACHUSETTS QUITCLAIM DEED
We, Alston R. Chace and Beverly A. Chace, husband and wife,
for consideration paid, and in full consideration of less
than $100 grant to Carey Anne Loving, an unmarried woman,
of 144 Pine Bluff Road, Brewster, Barnstable County,
Massachusetts and John SCOtt Chace, a married man, of 13x0
Keller Parkway, Apartment 1124, Keller, Tarant County,
Texas, as tenants in common, with quitc.Iaim covenants the
following property in Barnstable County, Massachusetts:
The land
together
WESTERLY
in Brewster, Barnstable County, Massachusetts,
bounded and described as follows:
by Waldun
shown on
mentioned,
feet;
Way, a 40 foot wide private way as
a plan of land hereinafter
fifty-four and 591100 (54.59)
NORTHWESTERLY,
WESTERLY AND
SOUTHWESTERLY by the cul-de-sac at the end of Waldun Way,
as shown on said plan, an arc distance of
one hundred twenty and 29/100 (120.29)feet;
SOUTHWESTERLY by Lot 3, as shown on said plan, three
hundred thirty-six and 44/100 (336.44) feet;
NORTHERLY by Lot 5, as shown on said plan, three
hundred sixty-five and 00/100 (365.00) feet;
EASTERLY by land of various parties, as shown on
said plan, four hundred twenty-twa and
59/7.00 (422.59) feet.
Said premises contain 2.004 acres more or less and are
shown as Lot 4 on a plan of land entitled: "Subdivision
Plan of Land in Brewster, Mass., as Surveyed and Prepared
for Old Jail Lane Assoc." Scale 1"=100', dated September 2,
1982, Schofield Brothers, Inc. Registered Professional
Engineers and Land Surveyors, Route 6A — P.O. Box 101 -
Orleans, Mass.02653 and recorded with the Barnstable
Registry of Deeds in Plan Book 367, Page 100.
Property Address: Lot 4, Waldun Way, Brewster,
Massachusetts
J
Bk 29878 Pg259 #42624
PLEASE RETURN Tun
Stephanie Konarski, Esq.
36 North Bedford Street
East Bridgewater, MA 02333
Said premises are conveyed together with the right to pass
and repass by vehicle or on foot over the dirt road running
in a north -south direction from Walker Road to Great Field
Road as shown on the plans recorded with the Barnstable
County Registry of Deeds in Plan book 367, Page 100 and on
Land Court Plans 34870 A, E, F and G. Further said
premises are subject to a reservation as set forth in a
deed recorded in said Registry of Deeds in Book 3705, Page
322.
Said premises are conveyed subject to a Declaration of
Restrictions as set forth in a deed recorded in said
Registry of Deeds in Book 3705, Page 322 and further
subject to a reservation as set forth in a deed recorded in
said Registry of Deeds in Book 3705, Page 322.
Said premises are conveyed together with the right of a
foot access to the "Beach Area" over the 1110 Ft. Walkway"
shown on a plan of land recorded with the Barnstable County
Registry of Deeds in Plan Book 268, Page 35 and the right
to use the said "Beach Area" for boating, fishing, and
recreation in common with all other legally entitled
thereto as set forth in the Declaration of Protective
Covenants recorded with said Registry of Deeds in Book
1843, Page 281 and Book 2501, Page 184. See waiver of
Protective Covenants in a deed recorded in said Registry of
Deeds in Book 3705, Page 321.
Reserving to the Grantors, Alston R. Chace and Beverly A.
Chace however, a life estate in the above said premises
during the remainder of their lifetimes, during which time
the said Grantors shall have the exclusive right to occupy
the premises, to lease, let or license the same, and they
shall be entitled to all rents, fees or profits generated
from said life estate, but without the right to partition.
During their respective lifetimes, the Grantors shall bear
the cost of all insurance, maintenance, fees, charges and
expenses relating to the premises and they shall pay all
taxes assessed or imposed with respect thereto, and all
principal and interest on any mortgages thereon.
Said parcel is the same conveyed to the Grantors by deed of
Robert W. Buckley and Janet C. Buckley, dated April 2, 19$4
and recorded in the Barnstable County Registry of Deeds at
Book 4053, Page 148.
Property Address: Lot 4, Waldun Way, Brewster,
Massachusetts
W 00 D 4P r
MOM
PLEASE RETURN T0:
Stephanie Konarski, Esq.
36 North Bedford Street
East Bridgewater, MA 02333
WITNESS our hands and seals this Seventeenth day of August,
2016.
Alston R. Chace
COMMONWEALTH OF MASSACHUSETTS
Plymouth, ss.
On this Seventeenth day of August, 2016, before me, the
undersigned notary public, personally appeared Alston R.
Chace and Beverly A. Chace, proved to me through
satisfactory evidence of identification, which was
Driver's License , to be the persons whose
names are signed on the preceding or attached document and
acknowledged to me that they signed it voluntarily for its
stated purpose.
ie Konars a., No ary Pu lic
AMY Commission expires: 08/24/18
50HAN1E q, KONARSKI
S� HorAstr pueuc
*
commoCOM4s ons Expiro$
August 24,201B
BARfVSTABLE REGISTRY 0`r QkEpS
John F. Meade, Register
Property Address: Lot 4, Waldun Way, Brewster,
Massachusetts
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2z /l I m C NOTES=
you / a' I. For locus reference see Deed Book 1510,
T 1° 1 1 I / Page 691, recorded of the Barnstable
N 56T'63 1� ri 1 to County Registry of Deeds -
ID
IO
1
S.Bf Sms; • 1I 11 No N 2- The parcels hereupon delineated are
fnd.- !j �j shown as Parcel 43 on Sheet 40 of the
VON1 1 a Brewster Assessors Atlas and lie within
!� 11 _ No,
an area o M:
town zoned "RR:' $ "R
VIA,
j I j! m r S 8p°56203 �_
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6 ACr�S t' dirt ZAN
COO d_ _ 11
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AREA= 11.829 r 1`I ,!! o BETTY B. JORDAN
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moo N
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'oa\c/ �/ I � P o PINE pR1VA7E
11 303.76 _ 20.0 300"£'am
1 `� 79° 13° p0. r!. ga114 $ N79 ' PF 9
R 1 Approval of the Planning Board=
p 1f= it S Is8.1p`:o�D W BREWSTER PLANNING BOARD
moi' /o ; 1 ' tC• W O ro 1"
• Cap Dateof HearingCJageTAID'e>,"�t,19ir�
j- t ° � 0: ti
/� �/� 13' 00 E / ':'1 n >0 m N D Signed rte
N MOMP
79 i� �' ,' 1 C Q
IF�
.' 522.57 �. t O l i_�m� �-
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doe
<' o to THOMAS J -
mor
mor %NImommoomo,0VON�0 c� - o f i AREA = 4.895 ACres - a e BEVERLY K.
/ %/ to NN272A/16l
am .• `I' a FRANCES
LLOYD S• EAD
OMH
W i , E BRO° 1340/334 a
ZAR NowEA = 6.559 Acresi'
JOSEPH,
t3.
1 j a
C-B.fnd:; � - I 1 GOTTEN no 1, Barbara A. Vaughn, Clerk of the Town of
�0.13over- / at 11 - 1338/660- Brewster, hereby certify that the notice of approval
a 470,034aNowm of this plan by the Planning Board has been received
lom"m 11 : to
and
ANN,
and recorded of this ice and no notice of appeal
j m r 1 : 3F,5. 00 ALSTON R. � x was received during the twenty days next after such
° 111:= o
Nor 04
o t ON 105.32" 7ge l3 00" W ,tD BEVERLY A• m receiptand recording of said notice -
t l: f. s a i CHASE °
.W ' :. 4. = 1510/889 a Date
00 4 Ac.'�' 1�_INS
s"d AREA _ 2. •• :C.B.tnd. act) -
S >`• G rewster own Cler c
N R `: ETHEL F.
I ti � LYONS, ET AL -'
O Off, tP 3459/181 I certify that This plan was prepared in
6 D 11 NN iSconformance with the rules and regulations
2> / a I •
I= 59'
N
�
9> P 1 I 3 of the Registers of Deeds effective
_ January 1, 1976.
t , atm 2.002 AC.��// ~•• t�, 0 J
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o i s - 143.00 •.-..� d •— y
d r f d At, GB•fnd. - ••m-5$3°34420' F �P
AREA= 5.421 Acres '- S�`mo a N �S82°56 20"wTocSOULE
iVS v 'plowalo ERKKI to 9A`N 4 1/'-,& O r t O
c�..,.;_ 0 is W >•• to O ANNIKKI yho sua��a
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JOHN T. i O rn > > a iti
o- tIANTOINE �a �• �o VIVO,� a x -' Y iSUBD1V1SlON PLAN OF LAND
foto MARA 01•N o W O N Qu IN -
O N aro Z 01 C 3 O 7t \1 1Y 1/ U 1(114 1IVII �e
2109/148 to O 0 0 0 o Al
Par N N �••� 6 O a:• . -
ON 1400 QQ
m j KOLMES E. OAS SURVEYED AND PREPARED FOR
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No Iveo NEWTON �a No
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— YEmom` a ti
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51' 30 ° W � SCALE= 1 IN, = 100 FT. SEPTEMBER 21 1982 atS.L.DUNAIF, Wit~.. SCHOFIELD BROTHERS, INC. ° 1IV 0
M.D. o
� REGISTERED `o z
ROBERT B. PETER � PROFESSIONAL ENGINEERS $ LAND SURVEYORS No 4LIN >
1510/691 ROUTE 6A -P.0 -BOX 101-O RLEANS,MASS.,02653 0` �
BARBARAS)SAN Me No (617) 255-2098 M Nj
SEOGWICK j ALEXANDER 0 10o 200 5004eet
25181173 / 3095/053
No I
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'oa\c/ �/ I � P o PINE pR1VA7E
11 303.76 _ 20.0 300"£'am
1 `� 79° 13° p0. r!. ga114 $ N79 ' PF 9
R 1 Approval of the Planning Board=
p 1f= it S Is8.1p`:o�D W BREWSTER PLANNING BOARD
moi' /o ; 1 ' tC• W O ro 1"
• Cap Dateof HearingCJageTAID'e>,"�t,19ir�
j- t ° � 0: ti
/� �/� 13' 00 E / ':'1 n >0 m N D Signed rte
N MOMP
79 i� �' ,' 1 C Q
IF�
.' 522.57 �. t O l i_�m� �-
main
doe
<' o to THOMAS J -
mor
mor %NImommoomo,0VON�0 c� - o f i AREA = 4.895 ACres - a e BEVERLY K.
/ %/ to NN272A/16l
am .• `I' a FRANCES
LLOYD S• EAD
OMH
W i , E BRO° 1340/334 a
ZAR NowEA = 6.559 Acresi'
JOSEPH,
t3.
1 j a
C-B.fnd:; � - I 1 GOTTEN no 1, Barbara A. Vaughn, Clerk of the Town of
�0.13over- / at 11 - 1338/660- Brewster, hereby certify that the notice of approval
a 470,034aNowm of this plan by the Planning Board has been received
lom"m 11 : to
and
ANN,
and recorded of this ice and no notice of appeal
j m r 1 : 3F,5. 00 ALSTON R. � x was received during the twenty days next after such
° 111:= o
Nor 04
o t ON 105.32" 7ge l3 00" W ,tD BEVERLY A• m receiptand recording of said notice -
t l: f. s a i CHASE °
.W ' :. 4. = 1510/889 a Date
00 4 Ac.'�' 1�_INS
s"d AREA _ 2. •• :C.B.tnd. act) -
S >`• G rewster own Cler c
N R `: ETHEL F.
I ti � LYONS, ET AL -'
O Off, tP 3459/181 I certify that This plan was prepared in
6 D 11 NN iSconformance with the rules and regulations
2> / a I •
I= 59'
N
�
9> P 1 I 3 of the Registers of Deeds effective
_ January 1, 1976.
t , atm 2.002 AC.��// ~•• t�, 0 J
11 0 AREA = o o ` m t- ' SItpr Z 19Sz
- � co O J ,q Dnt/e���,� p
�� M N R=45A0 N QO
iiyOOQi ej ON
••.- � F w d n _
Ir 'a J Q S' Q t- ti = RegisteredLan urveyor
ta. m 1 / ,�, Z N
Ra45.00 m oQ 150.05 -• ' - a+ ? i W
�m Era. N - ; ,. 0 3r
`131.44 ••-. i = 3M °F `�k•
O la q;' Qp0 SSV54r20 W,• o ,Q;' C-8. fnd- a
o i s - 143.00 •.-..� d •— y
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CONTINUED REVIEW AND DISCUSSION ON PROPOSED
AMENDMENTS TO WATER QUALITY PROTECTION
DISTRICT ZONING BYLAW (CHAPTER 179, ARTICLE XI)
DRAFT REVISIONS —SEPTEMBER 2, 2021
Article XI
Water Quality Protection District
[Added 5-9-1994 ATM, Art. 51]
§ 179-53 Purpose,
[Amended 1147-2008 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 Brewster's
borders;
C. To identify uses that should be prohibited or allowed only by special
permit
and
to
establish.
performance
standards that must be met for
all uses within a Zone I,
Zone II
and/or
the DCPC area.
D. To.protect groundwater and surface water resources from viral, pathogenic, phosphorus and nitrogen
contamination and pollution from ROM ater 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 ar
eas, including those land areas that contribute recharge to
private drinking water supply wells;
G. To conserv
e the natural resources of the Town; and
H. To prevent temporary and perman
ent contamination of the water resources of the Town.
§ 179-54 Scope of authority
; overlay district.
[Amended 11-17-2008 FYTM, Art. 17; 10-19-2009 FYTM, Art. 18]
This bylaw establishes regulations governing land uses and structures an
d 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 funetion 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 ("DCPC"), entitled "Brewster Water Protection District," as adopted by the Barnstable
County Assembly of Delegates pursuant to the Cape Cod Commission Act, which includes "Zone I" and
"Zone II" and the "Groundwater Protection District" and the "Pleasant Bay Watershed."
Page 1 of 15
§ 179-55 Definitions.
[Amended 1147-2008 FYTM, Art. 171
As used in this article, the following terms shall have the following meanings indicated:
AQiJIF'ER
Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially
recoverable water.
BEST MANAGEMENT PRACTICES
Means-aAny 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 buffers, street cleaning, reduced road salting, and public education
programs.
BUII.DER'S ACRE
A unit of lan
d 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
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.
DEP
The Massachusetts Department of Environmental Protection.
DEVELOPME
NT
The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any
structure; an
y 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 an
y on-site leaching structure or sewage disposal system.
Page 2 of 15
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. 2 1 C and MGL c. 21E, using the Massachusetts Oil and Hazardous Substance List (3 10 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 surface 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.
MININ
G
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
Page 3 of 15
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 DRINIG3`1G WATER SOURCES
Areas that could provide significan
t potable water in the future.
PROCESS WASTEWATER
All wastewater disposed of on site other than sanitary wastewater.
Areas that
collect precipitation or surface water and
carry it or
have
it pumped to
aquifers. Recharge
areas may
include areas designated as one 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 30.000.
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 MANAGEME
NT
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 or redivision of a lot, tract, or parcel of land into two or more lots, tracts, or parcels in
accordance with MGL C. 41 § 61L.
TIGHT TANK
Page 4 of 15
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 OlI, 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; 1143-2017 FYTM, Art. 131
ZONE
The immediate land area around a well. It is defined as afour-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 I.
ZONE II
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 II.
Zone III boundaries are determined by identifying the topographic surface water drainage divides. The
Page 5 of 15
surface water drainage area commonly coincides with the groundwater drainage; however, in areas
where they are not coincident, the Zone III encompasses both the surface and groundwater drainage
area.
§ 179-56 Use regulations.
[Amended 1147-2008 FYTM, Art. 171 .
A. 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 comply with applicablebe exempted f^m the requifements of-
this
fthis ai4iele and may eeeurwithoutjo:�aspeeial permi._ Performance Standards established in
Section 179-57.
(3) Retaillwholesale sales/office/commercial uses with a lot size below 40,000 square 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 household -use of hazardous materials or wastes in amounts th
at do not exceed
household quantities;
(6) Municipal use: the municipal use of hazardous materials and any materials stored an
d 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
th
e intrusion of precipitation;
(8) Conserv
ation 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;
Page 6 of 15
(11) Use and development ofsingle-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 ofdrinking-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:
(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
prevent the generation and escape of contaminated runoff or
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
leachate.
(5) Storage of animal man
ure, unless such storage is covered or contained within a structure designed to
prevent the generation and escape of contaminated ninoffor 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. 21 C and 310 CMR
30.000, except for the following:
(a) Very small quan
tity generators of Class A regulated recyclable material as defined under 310 CMR
30.000.
(b) Household hazardous waste centers an
d 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 Depart
ment 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 MGL c. 21E and 310 CMR 40.0000,
Page 7 of 15
(8) 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 I 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 II 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 as 1e; 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 heating oil bulk stations an
d temunals, 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 ar
e 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 gr
eater
.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; an
d
(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.
Page 8 of 15
(4) Stockpiling and disposal of snow or ice removed from highways and streets located outside of a Zone II
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 was
hes 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 goods or services carried out with the intent of earning a profit.
(10) Dry-clean
ing establishments.
D. Uses/structures 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 strctures;
(c) The application for a nonresidential use of 40,000 square feet or greater in lot size or 5;000 squar
e feet
or ereater of gross floor area;
Page 9 of 15
(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, § 11. 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 1148-2019FYT114, 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.
(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 an
d employees..
(e) Commercial boat an
d 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.
(f) 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 subject 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
Page 10 of 15
--' Commented [MN1]: When the stortnwater bylaw is
approved, this special permit provision would be duplicative
and will no longer be needed. The WQ Review Committee
can still provide input on stormwater designs for projects in
their jurisdiction.
than the design capacity of the existing treatment worksI
[2] The replacement of existing subsurface sewage disposal systems) 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 gran
ting
authority's satisfaction both that these problems are attributable to current septic problems and that there
will be a net improvement in water quality.
§ 179-57 Performance standards.
[Amended 11-17-2008 FYTM, Art. 17; 10-19-2009 FTM, Art. 18]
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 e*pended-gNpanded 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:
A. No new, altered or expanded uses within Zone I, Zone II and/or the DCPC ar
ea shall exceed afive-
parts-per-million (ppm) nitrogen loading standard based on the methodology contained %
r,,,.,nnis..:,..,".. Nitrogen r ,...a:ng To,.r..,ical Bulletin nt nn, in the Brewster Board of Health Nitrogen
b
Loading Regulation. The overall concentration of nitrate nitrogen resulting from domestic wastewater
disposal, road runoff, -ani tfei fertilizer application, and other nitrogen sources, when diluted by
raimvater recharge on the lot, shall not exceed five parts per million (5 ppm). The policies and
procedures in the Brewster Board of Health Nitrogen Loading Regulation will be used to confirm
compliance with the 5 mg/L standard. The regulation requires the use of a nitrogen loading spreadsheet
developed by the Board of Health to calculate the nitrogen concentration for a subiect property based on
the proposed land uses. The Board of Health or the Health Agent will review the proposed project and
Commented
the nitrogen loading spreadsheet calculations for compliance with the health regulation and the
performance standards in this Bylaw. Med HHdOF the `ello ing conditions-
a
o' =
Page 1 I of 15
[MN2]: Should anyone else be involved in
the review of the nitrogen loading calculations?
�r
o' =
Page 1 I of 15
[MN2]: Should anyone else be involved in
the review of the nitrogen loading calculations?
B. 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 an
d
disposal records at sufficient intervals to detect product loss. Subsurface fuel and chemical storage
facilities in compliance with local 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 composett in part
or entirely of toxic or hazardous materials shall be retained in product -tight 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.
OlUd 11 9 me
aw
III an "Atlas %a MEMO Ott 9 0 INIVII 4 11tal WWRIM win total too 9 IV OWN I &�M� MR NORMA am amms ROME am Rummid
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G. Sand and gravel removal operations shall be limited to a plane that 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
Page 12 of 15
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 1147-2008 FYTM, Art. 171
(Reserved)
§ 179-58.1 Uses/structures allowed by special permit within the Pleasant Bay Watershed.
[Added 1147-2008 FYTM, Art. 171
(Reserved)
§ 179-58.2 Performance standards within Pleasant Bay Watershed.
[Added 11-17-2008 FYTM, Art. 17]
(Reserved)
§ 179-59 Prohibited uses within the watersheds of surface water bodies other than Pleasant Bay.
[Amended 1147-2008 FYTM, Art. 171
(Reserved)
§ 179-59.1 Uses/structures allowed by special permit within watersheds of surface water bodies other
than Pleasant Bay.
[Added 1147-2008 FYTM, Art. 171
(Reserved)
§ 179-59.2 Performance standards within watersheds of surface water bodies other than Pleasant Bay.
[Added 1147-2008 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
1148-2013 FYTM, Art. 10; 1143-2017 FYTM, Art. 131
B. Certificate of water qualitycompliance.
(1) A certificate of water quality compliance shall be obtained by the owner of the premises from the
Page 13 of 15
WQRC or, for special permit uses, from the SPGA:
(a) For erection of any new principal
structure other than asingle-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
1148-2019FYTM, Art. 61
(1) For new construction or additions or new activities not involving structures, only if in full compliance
with all requirements of § 179-57, Performance stan
dards.
(2) For change in occupancy or operation on previously developed premises, only if the requirements of
§ 179-57B, 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, se�two gaper
sets and VVVlectronic cont/ of application materials shall be submitted to the Building Commissioner,
who shall forward one-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 1148-2019FYTM, Art. 61
(1) A complete list of all chemicals, pesticides, fuels an
d 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 an
d disposal
method.
(3) Evidence of approval by the Massachusetts Department of Environmental Protection of an
y 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 § 179-56D, 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
Page 14 of 15
shall make recommendations to the SPGA within 35 days of receipt of the application, as provided in
MGL c. 40A, § 11. [Amended 11-18-2019FYl Art, 6]
F. Certificate review.
(1) 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.
in a" a A WE Ill WE Willi wen on lines A NAVA ON NAVA � AM OMEN 0 IF An 111 6 1 On oil P o�KWAOIG&V
_.�
9 1109 I� r r. i r �. r r. t _
properly
maintained
and
is in
proper operating
condition.
L
_ _ _ _ _ _
(sd) Results from analysis of leachate or wastewaters as may be required by the Board of Health.
- -' Commented [MN3]: Language changes suggested and
agreed upon by the WQRC members on 7/31/2020.
(e) Documentation on the operation and maintenance of stormwater facilities permitted under the
Stormwater Man
agement Bylaw (Chapter 1721.
(2) Evidence ofnoncompliance 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 cert
ificate 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 the eWater Quality Review Committee.
Page 15 of 15
DRAFT MEETING MINUTES DATED AUGUST 25, 2021
\\\\\\\\\\%X%EI'�°!s11///,,,� Brewster Planning Board
`o 0 f. 060 9 F�'% 2198 Main Street
3 rP ���n' Brewster, MA 02631-1898
o _ y\ (508) 896=3701 x1133
brewplan@brewster-ma.gov
BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, August 25, 2021 at 6:30 pm
Brewster Town Office Building (virtual)
Approved:
Vote:
Chair Paul Wallace convened a remote meeting of the Planning Board at 6:30 pm with the following members participating
remotely: Amanda Bebrin, Charlotte Degen, Mark Koch, and Elizabeth Taylor, Roberta Barrett and Madalyn Hillis -Dineen did
not participate. 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 �ti of the Acts of 2021. No in-person meeting
attendance will be permitted. If the Town is unable to live broadcast t,hf nieetipg, a record of the proceedings will be
provided on the Town website as soon as possible. The meeting may be viW�O
d by: Live broadcast (Brewster
Government TV Channel 18), Livestream (livestreamm
.brewster a�
3, or Video��pcording (tv.brewster-ma.gov).
The Planning Board Packet can be found at:
to the Planning Department page on the Town of
Wallace declared that a quorum of the Planning Board was
6:31 PM CITIZEN'S FORUM
No citizen comments.
6:32 PM PUBLIC MEETING
Review and discuss proposed Generol#Byk
Documents: k
,511 d ,v I
• 08/17/21 Stormwater Management
• 08/20/21 Stormwater Marfigement
Lori Kennedy and Mark Nelson of Horsley
draft bylaw slightly mFI I N, from the one
Kennedy stated thtBrewster quhfips un
MS4 permit, Br6W. ter is required to have
construction for anyrprgjects that dist0ra;4
regulations for under it acre of disturb
lower thresholds to mitia�eptormwater rt;
in the draft bylaw correlateidork that hs
Management Plan. Nelson st�ted,,.that the
management are important to redide the=;
by going
(www. b
tern dere preserit Kennedy stated that the Board has been provided with a
wved in July es wel( § draft regulations t0 be promulgated by the Board.
tf p MS4 permit issued by the EPA for urbanized communities. Under the
I regulations for2''stormwater management on construction sites and for post
one sore of land. Kennedy noted that many towns are developing
ea beba #Se a one -acre area is large: Locally, many small towns are using
f from si`aller projects. Nelson stated that some of the thresholds proposed
Sen going on in Brewster for 10 years on the Integrated Water Resource
jas been a strong recognition in town that lower thresholds for stormwater
pct on the town's drinking water, freshwater ponds, and coastal estuaries.
Degen asked if it was possible to calculate the current number of minor and major permitting projects. Kennedy
responded that staff are working on a review of projects currently proceeding through staff review, site plan review, and
review by the Conservation Commission to determine the extent to which projects moving through other permitting may
need to go through stormwater permitting. Wallace stated that currently there are no projects going through the proposed
stormwater permitting process. Kennedy responded that there are stormwater requirements in the current zoning bylaw
but the proposed stormwater permitting process is new to Brewster. Nelson noted that projects that proceed through
Conservation Commission review must comply with state stormwater regulations. Nelson stated that he does not expect
much of a change in the number of reviews through the Conservation Commission, but the Planning Board could see
some changes in site plan review. Nelson stated that at the site plan review level, this permitting path provides more
certainty on design for the Applicant. Minor review by staff will be a new process.'
PB Minutes 08/25/21 Page 1 of 5
The Board reviewed the draft stormwater management regulations. Kennedy stated that there was an outstanding
question surrounding authority (Section 3) as far as which projects the Planning Board would delegate to the
Conservation Commission for review. Kennedy directed the Board to Section 4, Applicability for discussion on minor
versus major permits and related thresholds. Kennedy noted the current proposed thresholds for minor permits as a net
increase in impervious area of 500 SF — 2,000 SF and or land disturbance of 10,000 SF — 20,000 SF. The minor permits
would be reviewed administratively. Examples of projects include additions and modifications to dwellings, paving of
driveways, and addition of an impervious patio.
At Taylor's request, the Board paused their review of stormwater management regulations to review the stormwater
management bylaw.
The Board discussed Section 4, Administration. Wallace stated that for majorpermits he would expect the Conservation
Commission to address projects already before them and the Planning Board , ll do the same for any projects proceeding
through the permitting process with the Board. Bennett stated that wast . AAA tention of the proposed bylaw.
The Board discussed Section 5, Applicability. Nelson stated that a tufo car'�riveway of approximately 500 SF would fall
under the minor permitting category as 500 SF of impervious areas'being added`o&;kKoch asked about the decision
process surrounding the 500 SF minimum. Bennett responded thaf the proposed thresholds are based on existing staff
At
review bylaw thresholds. Wallace expressed concern that t}ie proposed thresholds Wo pick up a lot of projects.
Nelson responded that simple components could be used to address smaller projects Kcrtnedy gave an example of
adding a trench along a driveway as one example of a simple OtIA, I nwater rrt r agement prAackica.
The Board reviewed Section 7, stormwater t'Vlafa�el�'aent Regulationi3;��Kennedy directed the Bo�7d to paragraph B (3)
and noted that minor stormwater permits will include,Abyt are not Iimitednt0, additions and modifications to existing single
and two-family residential properties.AI
},
AS05,1 1.11
w{{
The Board reviewed and discussed Section 13, Waives; Wallace aced for c(arifigation on Paragraph F (1) whereby a
v sK
waiver may be granted if the storm V ter aut ority finds tl1 t ap iiia 1 1;711 ,some
otthe requirements is unnecessary or
impracticable because of the sjAAAie got charadet'A,At
ctf the develdpmet�t activit i or A. cause of the natural conditions at the site".
Kennedy gave an example of red6Velopment`of 9X De
b contamin �iproperty where the Board would not want stormwater
FA ,;;
L 4
infiltrating contaminated soil. In this case, erp Tdi sediment �qAll,t trol could be required during construction but not
a
infiltration practices. rr'f
Kennedy noted,a ehfc6rrgement��uestion thaf rtA to be reviewed by town counsel regarding the
appropriate mechanism for appeals ins§ectioh"dA �Paragrapli'
, x# { % 4
Degen asked about`Wiew of the propos d bylaw by�7 wn Counsel and Bennett stated that Town Counsel will review the
article after the Board recommends it to A, Meetir ificlusion.
The Board continued
Regulations.
Degen asked if the town had any�c361i�ato�t'#o provide public information on the administration of minor permits. Kennedy
responded that under MS4 guideline,rtf;ere are requirements for notification for any project with over one -acre of land
disturbance but for any projects under'he-acre the town can decide on a process. MS4 does not require a public hearing
but does require that the public be able to provide comment to the stormwater authority. Kennedy recommended that
minor permits be processed consistent with other administrative review processes. Wallace stated that for minor permits
being handled administratively he expected no public outreach and review by staff. Bennett agreed and noted that the
Conservation Commission may have a consent agenda that minor stormwater permits will be included on, Major permits
will follow the notification process of the stormwater authority in accordance with the zoning act or wetlands act. Bebrin
stated that if public notification was required for minor permits, it could become cumbersome very fast.
The Board discussed language in Section 4.1 A (1) regarding single family and two-family dwellings and whether multi,,,,
dwelling should be the language used. Bennett will review further.
The Board discussed applicability and decided that the thresholds should apply to all land use activities including
commercial activity which will be eligible for minor permit review. Taylor stated that the water quality review bylaw is only
PB Minutes 08/25/21 Page 2 of 5
subject to properties located in Zone II. Nelson stated that under water quality review, the one -acre threshold is in effect
for commercial properties of one -acre or more located in Zone II and the Pleasant Bay watershed. The two bylaws are
not consistent with each other. Kennedy suggested that higher polluting land uses could be directed through major permit
review regardless of size. Wallace stated that he would stick with the proposed threshold regardless of land uses to
determine the permitting path. Bebrin expressed concern that smaller businesses and uses would get tripped up in major
permitting if the proposed language is left as originally proposed. Degen asked if administrative review of commercial
uses for minor permits would cause undue burden. Bennett stated she does not believe a technical review will need to
occur through the administrative agent, but the engineers will provide the necessary information to comply with the
regulations. Wallace expressed concern that undue burden and expense would be placed on commercial projects and
gave the example of a 550 SF paving project needing to proceed through the major permitting process. Bennett reviewed
the example given by Wallace and stated that a residential driveway could also be paved and required to implement some
mitigation for run off to town storm drains. The Board would need to find a balance between commercial and private
projects. Nelson stated that the details are in the regulations which can be adjusted over time through a simpler process.
The Board further discussed the proposed thresholds. Bennett suggested the >t�ard review feedback from the public
during the public hearing process regarding land use and thresholds as theyrrelate to minor and major permitting. The
Board decided to leave the proposed thresholds as is for the time be ngx4pd... t minor permitting would be applicable to
all land uses. Taylor noted that the Board needed to recognize that there viiere wetlands that could be impacted by
businesses along Route 6A and Underpass Road. She stated that�th"ere is not jU�t,a drinking water issue but also an
impact to beaches. 4 LLIVV
Vry
The Board discussed fees as outlined in Section 5.3. Wallace„no
incurred by the Applicant and suggested language to include ce
discussed with the Applicant prior to authorization of services. �K�
Nelson noted that fees are received prior to the consultant review
Koch also suggested the fee language be revieVued by. Town Cou
The Board discussed having Town Counsel
Kennedy summarized the requirem
for more information on the Operate
Section 8.3 regarding the requlreitfi
Deeds. Wallace stated he belie.,
regarding Changes to Ownership
Bebrin asked who was responsible
summarized inspegjpo}& ,%s.incl
for larger projects,W}tequire�ne'nt
The Board reviev�(e
management and }
available to help ho
The Board discussed
s,of obtaining aSj;
and Maintenances,
to recgri� the Ope”
plan W(1[�yun with
or Operatibn and I
ou
�n 6, Perto�r
struction sti
ers and con
Wallace stated that he hoped
bylaw.
fees and
;d concern about the lang�
uirement that consultaTi''k`ir
in
Nelson
st333 este d fees be i
ot�ie Applicant will agree
e speaking to costs
rncurrea Dy
the i own oe
awed by Town Counsel.
proceed or withdraw.
in Section 5.7 (4).
M�n?geme`n� Certificate of Compliance. Degen asked
ents and authority. Wallace directed Degen to
llaintenahce Plan at the Barnstable County Registry of
:rty. Kenney directed the Board to Section 8.5
ice Plans and the responsibilities of the permittee.
fined in the Operation and Maintenance Plan. Kennedy
�y permittees and Operation and Maintenance reports
. Kennedy provided an overview of construction site stormwater
�ment practices. She mentioned resource sheets that are
>,t management practices.
ett stated that further research is needed,
participate in the public hearing and offer comments on this important
Motion by Taylor to Refer the stormwater Management Bylaw to the Select Board. Second by Bebrin. Vote:
Koch -aye; Bebrin-aye; Degen-aye; Taylor -aye; and Wallace -aye. Vote: 5-0-0.
7:48 PM PUBLIC MEETING CONTINUED
Review and discuss proposed amendments to the Water Quality Protection District Zoning Bylaw (Chapter 179, Article
XI)a
Documents:
• 08/17/21 Water Quality Protection District Bylaw
• 08/24/21 Planning Staff Memo
Bennett introduced proposed amendments to the Water Quality Protection District which is a zoning overlay that includes
properties within Zone II and the District of Critical Planning Concern (DCPC), predominantly comprised of the Pleasant
PB Minutes 08/25/21 Page 3 of 5
Bay Watershed. Amendments are being brought forth to clarify some of the applicability of the performance standards in
the existing bylaw, bring the performance standards for calculating nitrogen loading standards under the jurisdiction of the
Board of Health (BOH), align the water quality bylaw protections with the proposed stormwater bylaw, and streamline the
permitting process for nitrogen loading. The BOH will begin working on regulations. The proposed amendments will
slightly alter the thresholds for commercial uses within the Pleasant Bay watershed further reducing the impact on buildout
within that watershed.
Nelson reviewed proposed changes to the bylaw. Nelson clarified that the nitrogen loading standards apply to all
properties within the DCPC area even if a special permit is not being sought.
Nelson noted that two of the use regulations under Section 179-56 paragraph A (1) and paragraph (2) are proposed to be
removed as they are not regulated by the zoning bylaw. Proposed changes to paragraph 3 include thresholds as larger
lots and uses will need to obtain a special permit. Under Section D (2), Uses/structures allowed by special permit,
paragraph c is proposed to be removed as it would create duplicative perrrtittingwith the proposed stormwater
management bylaw if that bylaw is approved at town meeting. f s
Nelson directed the Board to Section 179-57, Performance sta
apply to all projects that need a special permit but also all prof(
new single-family home being built, the homeowners must met
and minimize impacts to Pleasant Bay. Nelson stated thatAfJ,A$
the performance standards be removed from the bylaw and Intl
loading calculations are best reviewed by the staff working wit
the DCPC, the 5 mg/L standard is proposed to remain with the
�rd���lelson sated that the performance standards
viWi"n the destgated area. For example, if there is a
Ise performah64C.standards to protect drinking water
ommended that`fhe nitrogen loading calculations within
ided a new BOH Rlation being drafted. The nitrogen
e
OR Nelson state d"tt t for residential uses within
wo
1'J
those who cannot meet the standard, offset feed are proposed so that tfa�
else. A separate standard of 3 ppm is propose6jpr,Ihe business inaustri
reduce the impact of buildout in this area by 25% 30% Nelson has rev
standard can be met and for lots of one -acre or aboV it seet>sas thoug
more challenging to meet the standard on smaller lots; but ii�aper�ds on
Nelson reviewed issues for the Bq;�C�d'sf��ns�deration in��tnend
I loading calculations, eeparate standard for comertr
Wallace stated that he agreed th�t�there shou de a BOI-(�Ce9 1
BOH would now be taking over the fertilizer by(dW which is 6 Wr
he would review the fertilizer bylaw Tay(oreSl4d if the BOVA'AH rN
loading standards orttSst thele in the DGetsor sated thEK X'
the BOH's reviev� %Teylor' edt► t the'f3QH has pon �egu�15 �t
fertilizer. Nelsol� steed that the pose ofth ylaw is toei
will provide details ,the calculatiot t etermirje Qompliance
determine compliarirae within other byloVyS t, . k
�l%dictating hovutithcalculation is done. For
fy
can mitigate nitCOgen sources someplace
istrict that is within tli"e DCPC and would
i projects in the area to see if the proposed
standard can be met for the most part. It is
" 'ect being proposed.
prof, g p p
I t�i� h�law inclu�dfing a BOH calculation to govern the
"Hing dlr tt'iCts, and the pros and cons of the offset fee.
ion for nitrogen loading calculations. Taylor asked if the
ay under Planning Board jurisdiction. Nelson stated that
Id be reviewing other properties regarding nitrogen
anther discussion was needed regarding the scope of
is but they do not have regulations dealing with
a standard for nitrogen loading. The BOH regulation
the standard. The BOH regulation could be used to
The Board discussed p�o�i�sed offset fees �'�aylor did��ot support use of such a fee. She stated that this will allow a one-
time fee offset but continuedtlion-complian��� � Nelson has started to review possible fees associated with the offsets and
they have the potential of being�r ite high { ►yl;bst projects would be able to meet the 5 mg/L standard without an offset
fee. The projects subject to the;t�tq/L strlderd will have a more difficult time. In response to a question from Taylor,
Nelson stated that this bylaw would rit+ylrule Title V requirements. Bennett stated that there are significant costs
associated with the DEP watershed`per►iffor Pleasant Bay and offset fees could help mitigate impacts. Degen asked
how the offsets would be administered. Bennett stated that further research is needed. Bennett stated that the Cape Cod
Commission does use technical bulletins to show calculation for these types of costs. Taylor asked what would happen if
the mitigation project did not work. Bebrin suggested that an annual offset fee could be used for those projects that were
not able to comply. Nelson stated that there could be logistic challenges with imposing annual fees. Bennett stated that
the offset fee should take into consideration a projection for non-compliance over many years. The Board asked for
additional information on offset fee options for further review and discussion.
The Board discussed the different standards proposed for residential and commercial projects. Taylor asked if certain
projects would be grandfathered and only required to meet the 5 mg/L standard. Nelson responded that any new,
expanded, or altered commercial use would need to meet the proposed 3 mg/L standard. Bennett stated that the
regulation would not be retroactive. Projects would not need to meet the 3 mg/L unless there was an alteration or
expansion. Wallace asked for more information on the reasoning behind the two standards. Bennett responded that it
PB Minutes 08/25/21 Page 4 of 5
was directly tied to the buildout impacting he Pleasant Bay watershed. Nelson stated that there is the potential for
significant nitrogen loading to Pleasant Bay based on future development in accordance with town regulations. Two-thirds
of the nitrogen loading impacts are expected to be from commercial uses and one-third from residential uses. Nelson
stated that the watershed permit requires the town to treat current nitrogen loading and plan for future nitrogen loading.
Taylor stated this would mean that commercial activity in the area would be held to a 3 mg/L standard while a subdivision
or 40B development would only be held to 5 mg/L standard. Nelson stated that a 40B development could potentially
waive this zoning requirement. Taylor stated that businesses were being held to a higher standard than housing. Nelson
stated that in reviewing the buildout, he saw less potential for subdivisions or large housing developments and amore
potential for single houses being built on individual lots. Wallace stated that there should be one standard for which every
project should have to comply. Nelson stated that a common standard could pose challenges on the residential side and
the town would have to find other ways to reduce the nitrogen loading impact. Nelson identified a wastewater collection
and treatment system as one option. He estimated that such a system would cost $10415 million. There is also an
additional option for managing nitrogen at the golf course which can be researched. The commercial standard proposed
seemed to be the best of the options proposed for reducing the impact of nitrogen. Bebrin stated that she understands
that different standards may be needed for different uses based on impacts th'W uses create. Wallace asked about the
costs of reducing nitrogen levels to the 3 mg/L standard. Nelson respofil., ,that an option could be to install an
innovative alternative system for between $10,000- $20,000. Dege� requested ,further information on the offsets. Nelson
11
proposed the use of offsets for commercial activities only and the Board indicated that they would like to see more on that
option.>
...,.
Nelson reviewed additional proposed changes to the bylavV Wlc
stormwater management as they were being included with then
proposed by the Water Quality Review Committee. Taylor ask
watersheds as designated areas. Nelson statedithat to include t Js
Commission separate from this bylaw review prdcesS,i§ needed
Further discussion on these proposed bylaw a
8:46 PM PLANNING DISC
The Board reviewed the Auguat,,1>`J;:Y2021 "i
Minutes. Second by Bebrin Vo Tayl
Motion by Bebrin to
Wallace -aye. Vote.:
Meeting adjo
Next Planning
Respectfully submitted,
urn.
8:48
eeting Date:
1
minute
Bebri
Lynn St. Cyr, Senior Department Assistant, Planning
Vote:
included removal of performance standards related to
rmwater Management bylaw. Nelson reviewed changes
M adding the Herring River and Bass River
�<waIers'heds, a process thrdggh the Cape Cod
ur at the,September 8th meeting.
to Approve August 11, 2021 Meeting
en -aye; and Wallace -aye. Vote: 5-0-0.
Bebrin-aye; Koch -aye; Degen-aye; and
PB Minutes 08/25/21 Page 5 of 5
FOR YOUR INFORMATION
TOWN OF BREWSTER
PLANNING BOARD
NOTICE OF PUBLIC HEARING
The Brewster Planning Board will hold a public hearing by remote participation on WEDNESDAY, September 22,
2021, beginning at 7:00 pm and recorded at the Brewster Town Office Building, 2198 Main Street, Brewster, MA.
The following proposed Special Town Meeting Warrant Articles will be considered:
ZONING BYLAW AMENDMENT/Floodplain District
ARTICLE NO. XX: To see if the Town will vote to amend sections of Chapter 179-7, Floodplain District Bylaw,
and to add new sections and definitions where necessary, to be consistent with National Flood Insurance
Program (NFIP) requirements and the Massachusetts Model Floodplain Bylaw.
TOWN CODE AMENDMENT/Stormwater Management
ARTICLE NO, XX: To see if the Town will vote 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.
Copies of the proposed amendments are available in the Town Clerk's Office and the Planning Department at
Town Hall and electronically by request to brewplan@brewster-ma.pov or508-896-3701 x1133.
ZOOM Meeting Information
To participate by phone: (929) 436-2866 or (301) 715-8592. Webinar ID: 841 0778 1002. Passcode: 612505.
To participate by webinar.
https://us02web.zoom0us/I/84107781002?pwd=VTVSV1ExaUNCL253NmNZV2lGdmo4dzO9
Passcode: 612505.
Brewster Planning Board
Paul Wallace, Chair
09/03/21 and 09/10/21
This notice can also be viewed on the Massachusetts Newspaper Publishers Association's website
(http://masspublicnotices.org/).
'
cs