HomeMy Public PortalAboutPlanning Board Packet 10/13/21Town of Brewster Planning Board
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brewplan@brewster-ma.gov
(508) 896-3701 x1133
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MEETING AGENDA
;F� October 13, 2021 at 7:00 PM (Remote Participation Only)
Planning Board
Paul Wallace
Chair
Charlotte Degen
Vice Chair
Madalyn Hillis -Dineen
Clerk
Roberta Barrett
Mark Koch
Elizabeth Taylor
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), Llvestream (livestream.brewster-
ma.gov), or Video recording (tv.brewster-ma.qov).
Meetings may be 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?pwd=VTVSV1 ExaUNC�253NmNZV2lGdmo4dz09
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:
http://records.brewster-ma.gov/webNnk/0/fol/118269/Row1.aspx
or by going to the
Planning Department
page on the
Town of Brewster
website
(www.brewster-ma.goy).
1. Call to Order.
2. Declaration of a Quorum.
3. Meeting Participation Statement,
4. Citizens 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.
PUBLIC HEARINGS
5. Proposed Town Code Amendment: Stormwater Management. (Continued from
September 22, 2021.)
6. Proposed Zoning Bylaw Amendment: Water Quality Protection Distict,
7. Road Betterment Application #2021-12: For consideration of the Town to undertake a
road repair under the Town's Betterment and Assessment Program in accordance with
Article VIII, Temporary Road Repair, Section 157-20 of Brewster's Town Code for Bay
View Drive, Cranberry Lane, Deer Path Circle, Jam Lane, Mayflower Circle, and Vesper
Pond Drive shown on Assessor's Map 137 and 138.
8. Approval of Meeting Minutes: September 22, 2021.
9. For your Information.
10. Matters Not Reasonably Anticipated by the Chair.
11. Next Meetings: October 27, 2021 and November 10, 2021.
12, Adjournment,
Date Posted: Date Revised: Received by Town Clerk:
10/ 07/ 21
E(J6 TE0 1 rtiapi I :i EF'! :
PROPOSED TOWN CODE AMENDMENT:
S I UKIVIWATER MANAGEMENT
Cape Communities (does not include those who are currently in the process of adopting or updating
their bylaws and regulations)
Town SWM Bylaw Thresh hold/trigger
Barnstable No
Bourne
Brewster
Chatham
Dennis
Eastham
Zoning
No
Yes, 2019, Ch 238
Regulation, 2010
Zoning
> 1 acre
disturbance size not specified in bylaw
altering > 20,000 sf, and all Hotspot areas
Not specified
Falmouth Draft Regulations, > 1 ac
June 2021
Harwich Yes, pursuant to > 1 ac
Sewer Use
Mashpee Zoning Construction activities that require subdivision approval, special
permit, land use review or a building > 1,000 sf
Orleans Yes, 2008, Ch 88 > 1 ac
Sandwich No
Yarmouth Yes, date, Ch 145 > 1 ac
Communities with Two -Tier Permit Requirements (that I'm aware of)
Town
Applicability
Thresholds for Minor Permit or
Administrative Review
Arlington
Increase in impervious surface area
Increase in impervious area of 350-1,000 sf
> 350 sf; land alteration > 1 acre
Westwood
Land disturbance > 51000 sf
Land disturbance of 5,000 sf to 21,780 sf
(1/2 acre)
Dedham
Alteration, disturbance,
Residential land disturbance of 500-2,000 sf,
development or redevelopment >
except for construction of a new dwelling or
500 sf
a new dwelling replacing an existing
dwelling; For other land uses, disturbance of
500 to 1,000 sf except for activities within
the Aquifer Protection Overlay District,
which require a Major Permit
Watertown
Land disturbance > 5,000 sf; net
Additions and modifications to existing
increase in impervious area > 500 sf
residential properties (excluding tear -
downs) that increase impervious area by
500 to 2,000 sf and disturb less than 5,000 sf
Chapter 272
Stormwater Management Bylaw
272-1. Purpose and Objectives
A. The purpose of this Bylaw is to protect, maintain, and enhance public health,
safety, environment, and general welfare of the Town by preventing or
diminishing adverse effects of construction -site and post -construction stormwater
runoff. Proper management of stormwater runoff will minimize damage to public
and private property and infrastructure, safeguard the health, safety, environment,
and general welfare of the public, protect water and aquatic resources, protect and
enhance wildlife habitat, and promote groundwater recharge to protect surface
and groundwater drinking supplies. This Bylaw seeks to meet that purpose
through the following objectives:
(1) Establish minimum stormwater management standards and design criteria
for the regulation and control of stormwater runoff quantity and quality;
(2) Encourage the use of nonstructural Stormwater management, better site
design, and low impact development practices such as preserving natural
resources and open space, reducing impervious surface area, and
increasing infiltration;
(3) Establish provisions for the long-term responsibility for, and maintenance
of, structural stormwater control facilities and nonstructural stormwater
best management practices to ensure that they continue to function as
designed and pose no threat to public safety;
(4) Establish provisions to ensure there is an adequate funding mechanism,
including surety, for the proper review, inspection, and long-term
maintenance of stormwater facilities implemented as part of this Bylaw;
(5) Establish the Town of Brewster's legal authority to ensure compliance
with the provisions of this bylaw through permitting, inspection,
monitoring, and enforcement; and
(6) Comply with state and federal statutes and regulations relating to
stormwater discharges including Total Maximum Daily Load
requirements and with the General Permit for Stormwater Discharges from
Small Municipal Separate Storm Sewer Systems in Massachusetts (MS4
Permit), issued by the U.S. Environmental Protection Agency and the
Massachusetts Department of Environmental Protection.
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 lan
d that
changes the water quality, ford, direction, timing, or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined or discrete discharge; change
in the volume of runoff from the area; change in the peak rate of runoff from the area; and
DRAFT October 8, 2021 Page 1 of 10
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: Chan
ging 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 significan
tly 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 chan
ge 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 an
d design strategies that use or mimic
natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to
protect water quality and associated aquatic habitat.
MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate
Storm Sewer Systems in Massachusetts.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying
stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm
DRAFT October 8, 2021 Page 2 of 10
drain, pumping facility, retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise the storm drainage system
owned or operated by the Town of Brewster.
NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not
previously been developed to include impervious surface.
OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and
organizational mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
OWNER: A person with a legal or equitable interest in property.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal government,
to the extent permitted by law, and any officer, employee, or agent of such person.
RECHARGE: The process by which groundwater is replenished by precipitation through the
percolation of runoff and surface water through the soil.
RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected,
Red 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 fl
owing 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
apYlication, plans, calculations, and other supporting documents, in accordance with the
provisions of this Bylaw.
TOTAL MAXIMUM DAILY LOAD (TMDL): A regulatory plan (authorized by the Clean
Water Act) that identifies the amount of a pollutant that a waterbody can assimilate without
exceeding its water quality standard for that pollutant.
WATERCOURSE: A natural or man-made channel through which water flows or a stream of
water, including a river, brook, or underground stream.
WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the
Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, coastal waters, groundwater, and Waters of the United States
as defined under the Federal Clean Water Act as hereafter amended.
DRAFT October 8, 2021 Page 3 of 10
§ 272-3. Authority
This Bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution and the Massachusetts home rule statutes, and pursuant to the
regulations of the federal Clean Water Act found at 40 CFR 122.34.
§ 272-4. Administration
A. The Stormwater Authority shall administer, implement, and enforce this Bylaw.
Any powers granted to or duties imposed upon the Stormwater Authority may be
delegated in writing by the Stormwater Authority to its employees or agents.
B. The Brewster Planning Board shall be the Stormwater Authority. For projects that
fall within the jurisdiction of the Brewster Wetlands Protection Bylaw (Brewster
General Bylaw Chapter 172), the Conservation Commission shall be the
authority to implement and enforce this Bylaw. The Stormwater Authority may
designate an agent to 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 disturban
ce 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
DRAFT October 8, 2021 Page 4 of IO
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 all shall not be segmented or phased in a manner
to avoid compliance with this Bylaw.
§ 272-6. Exemptions
The following activities are exempt from the requirements of this Bylaw, provided that such
activities utilize the best practical measures to avoid any negative impacts on stormwater quality,
runoff rate, and volume.
A. Any work or projects for which all necessary approvals and permits, including
building permits, have been issued before the effective date of this Bylaw.
B. Maintenance and improvement of land in agricultural or aquacultural use, as
defined by the Massachusetts Wetlands Protection Act regulation 310 CMR
10.04.
C. Maintenance of existing landscaping, gardens, or lawn areas associated with a
residential dwelling conducted in such a way as to not cause a nuisance.
D. Construction of fencing that will not substantially alter existing terrain or drainage
patterns.
E. Construction of utilities other than drainage (gas, water, electric, telephone, etc.)
that will not alter terrain, ground cover, or drainage patterns or result in discharge
of sediment or other pollutants to the MS4 or to a Watercourse or Waters of the
Commonwealth.
F. Emergency repairs to existing utilities (gas, water, electric, telephone; drainage,
etc.) or emergency repairs to any stormwater management facility that poses a
threat to public health or safety, as determined by the Stormwater Authority.
G. Maintenance or resurfacing (not including reconstruction) of an existing public or
private way, parking area, or driveway, provided that such activity does not
increase impervious surface area and that resurfacing does not disturb the
pavement subbase.
Stormwater Management Regulations
A. The Stormwater Authority shall promulgate and periodically amend Stormwater
Management Regulations relating to the terms, conditions, definitions,
enforcement, fees (including application, inspection, and/or consultant fees),
delegation of authority, procedures, and administration of this Bylaw. Failure of
the Stormwater Authority to issue such regulations, or a legal declaration of their
invalidity by a court, shall not act to suspend or invalidate the effect of this
Bylaw.
B. The Stormwater Authority may establish a Minor Stormwater Permit for specific
activities.
DRAFT October 8, 2021 Page S of 10
(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 an
d 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 or its
DRAFT October 8, 2021 Page 6 of 10
designated agent, 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.
§ 272-10. Consent to Entry onto Property
By signing the permit application, the Applicant consents to the entry of members of the
Stormwater Authority or its authorized agents on the property while the application is under
review to verify the information in the application, and at any time after a Stormwater Permit is
issued to inspect for complian
ce with Stormwater Permit conditions.
§ 272-11. Inspection and Site Supervision
The Stormwater Authority or its designated agent shall make inspections to verify and document
N
ompliance with the Stormwater Permit.
§ 2724
2. Surety
The Stormwater Authority may require the applicant to post before the start of land disturbance
oV
construction activity. The form of the surety 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
DRAFT October 8, 2021 Page 7 of IO
may release part of the surety as each phase is completed in compliance with the permit.
Funds held pursuant to this Section shall be deposited in a separate. account pursuant to G.L. c.
44, s 53G1/2. Surety shall be in the form of a surety bond, irrevocable letter of credit, or cash.
All interest shall be held within said account; surety shall be released upon satisfaction of all
Permit requirements; upon satisfaction of all Permit requirements, applicant shall request, in
writing, to the Town Treasurer, that the funds be released, the funds shall not be released until
the Stormwater Authority certifies, in writing, that all requirements of the permit have been met.
If the permittee defaults on any obligations imposed by the 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 to complete the outstanding permit requirements.
§ 272-13.
Waivers
A. 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.
B. 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.
C. Waiver requests, except those for activities eligible for Minor Stormwater
Permits, shall be discussed and voted on at a public hearing for the project.
D. 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.
E. If in the opinion of the Stormwater Authority or its authorized agent, additional
time or information is required for review of a waiver request, the Stormwater
Authority may continue a hearing to a date announced at the meeting. In the event
the Applicant objects to a continuance or postponement, or fails to provide
requested information, the waiver request shall be denied.
§ 272-14. Enforcement
The Stormwater Authority or its authorized agent shall enforce this Bylaw, and any associated
regulations, orders, violation notices, and enforcement orders and may pursue all civil and
criminal remedies for such violations.
A. Criminal an
d Civil Relief.
DRAFT October 8, 2021 Page 8 of IO
(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.
(1) The Stormwater Authority's 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 an
d
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.
(2) Any order under this section may be appealed to the Stormwater Authority
within five (5) days of the date of said order. All appeals shall be heard
and decided within thirty (30) days. The decision of the Stormwater
Authority shall be final.
(3) If the Stormwater Authority or its authorized agent determines that
abatement or remediation of contamination is required, the order shall set
DRAFT October 8, 2021 Page 9 of IO
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.
(4) 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 31 st 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, § 211), 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
UL federal law, or if authorized by U or other parry in control %J the
property, the Stormwater Authority, its agents, officers, and employees may enter
upon privately owned property for the purpose of performing their duties under
this Bylaw and regulations and may make or cause to be made such examinations,
surveys or sampling as the Stormwater Authority deems reasonably necessary.
E. Appeals. The decisions or orders of the Stormwater Authority shall be final.
Further relief shall be appealed to a court of competent jurisdiction.
F. Remedies not exclusive. The remedies listed in this section are not exclusive of
any other remedies available under any applicable federal, state, or local law.
§ 272-15. Severability
The provisions of this Bylaw are hereby declared to be severable. If any provision, paragraph,
sentence, or clause of this Bylaw or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this Bylaw.
DRAFT October 8, 2021 Page 10 of 10
PROPOSED ZONING BYLAW AMENDMENT:
WATER QUALITY PROTECTION DISTRICT
DRAFT REVISIONS — OCTOBI R 8, 2021
Article XI
Water Quality Protection District
[Added 5-9-1994 ATNI, 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 District of
Critical Planning Concern ("DCPC")the T' ea.
D. To protect groundwater and surface water resources from viral, pathogenic, phosphorus and nitrogen
contamination and pollution from stormwater runoff;
E. To complement the commonwealth's Department of Environmental Protection regulations govern
ing
groundwater protection and the commonwealth's efforts to protect surface and coastal waters;
F. To protect other sensitive water resource azeas, including those land areas that contribute recharge
to
private drinking water supply wells;
G. To conserve the natural resources of the Town; an
d
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 aze superimposed over all zoning districts and all land
within the Town of Brewster and shall function as an overlay district. Where this article establishes rules,
regulations, requirements, standards or provisions that are stricter than the underlying zoning districts,
including those uses and structures found in Table 1 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 ("DGPO'), 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."
§ 179-55 Definitions.
[Amended 11-17-2008 FYTM, Art. 171
As used in this article, the following terms shall have the following meanings indicated:
AQUIFER
Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially
recoverable water.
BEST MANAGEMENT PRACTICES
Meaxs-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.
BUILDER'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.
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
Icy
The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores, or bedrock.
Mining activities are considered earth removal, whether the disturbed natural materials are removed
from the site or reworked on the site.
The Massachusetts Department of Environmental Protection.
DEVELOPME
NT
The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any
structure; any mine, excavation, landfill, or land disturbance; and/or any change in use, or alteration or
extension of the use, of land.
DISCHARGE
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or
placing of toxic or hazardous material or waste upon or into any land or water so that such hazardous
waste or any constituent thereof may enter the land or waters of Brewster. Discharge includes, without
limitation, leakage of such materials from failed or discarded containers or storage systems and disposal
of such materials into any on-site leaching structure or sewage disposal system.
HAZARDOUS OR TOXIC MATERIALS
Any substance or mixture of physical, chemical or any infectious characteristics posing a significant,
actual or potential hazard to water supplies or other hazards to human health if such substance or
mixture were discharged to land or water of the Town of Brewster. Hazardous or toxic materials
include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalis, solvents and thinners and products such as pesticides, herbicides in
quantities greater than normal household use; and all substances defined as hazardous or toxic under
MGL c. 21C 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 onsite 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.
ffiSTORICAL HIGH GROUNDWATER TABLE ELEVATION
A groundwater elevation determined from monitoring wells an
d historical water table fluctuation data
compiled by the United States Geological Survey.
IlVIPERVIOUS SURFACE
Material or stmcture 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.
MINING
The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores or bedrock
whether the disturbed natural materials are removed from the site or reworked on the site.
NITROGEN MANAGEME
NT
The process of ensuring that nitrogen generated by land uses does not exceed established capacities of
the resources receiving nitrogen inputs.
NONSANITARY
WASTEWATER
Wastewater discharges from industrial and commercial facilities containing wastes from any activity
other than collection of sanitary
sewage, including, but not limited to, activities specified in the Standard
Industrial Classification (SIC) Codes set forth m.510 CMR 15.004(6).
A facility which is operated or maintained in violation of the Resource Conservation and Recovery Act
[42 U.S.c. § 4004(a)(b)], or the regulations and criteria for solid waste disposal.
PETROLEUM PRODUCT
Petroleum or petroleum byproduct, including, but not limited to: fuel oil; gasoline; diesel; kerosene;
aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes;
crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not
include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
POTENTIAL DRINKING WATER SOURCES
Areas that could provide significan
t potable water in the future.
PROCESS WASTEWATER
All was
tewater disposed of on site other than sanitary wastewater.
RECHARGE AREAS
Areas that collect precipitation or surface water and carry it or have it pumped to aquifers. Recharge
areas may include areas designated as Zone I, Zone II or Zone III.
SEPTAGE
The liquid, solid, and semisolid contents ofprivies, 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 § 81L.
TIGHT TANK
Any and all containers or devices with regard to or used for wastewater disposal as defined and
regulated by the State Sanitary Code, 310 CMR 15.260.
TREATMENT WORKS
Any and all devices, processes and properties, real or personal, used in the collection, pumping,
transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but
not including any works receiving a hazardous waste from off the site 0f the works for the purpose of
treatment, storage, or disposal.
VERY SMALL QUANTITY GENERATOR
Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms)
a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in
310 CMR 30.136.
WASTE OIL RETENTION FACILITY
A waste oil collection facility for automobile service stations, retail outlets, and marinas which is
sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste
products in accordance with MGL c. 21, § 52A.
WATER QUALITY REVIEW COMMITTEE (WQRC)
Committee to be appointed by the Select Board to include eight members; one member each from the
Select Board, Board of Health, Planning Board, Conservation Commission, Comprehensive Water
Planning Committee and Water Commissions, the Brewster Building Commissioner and the Brewster
Health Agent. At the initial appointment, to occur no later than three weeks after the effective date of
this bylaw, members other than the Building Commissioner and the Health Agent shall be appointed for
one., two. and three-year terms and thereafter all members shall be appointed for three-year terms. The
Building Commissioner and Health Agent shall serve as members of the WQRC while they are
employed in their respective positions.
[Amended 1148-2013 FYTM, Art. 10; 1143-2017 FYTM, Art. 131
ZONEI
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 I.
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
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
and notwidisian
A. Provided that all necessary permits, orders, or approvals as required by local, county, state, or federal
law are also obtained ,the
following uses and activities shall not independentiv trigger the need for a Special Permit and shall be
his article and may oeeur;Aitheut je:�a special permi, Performance 1
(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 heusel;eld-use of hazardous materials or wastes in amounts that do not exceed
household quantities;
(6) Municipal use: the municipal use of hazardous materials and any materials stored 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 oils) used for heating fuel, provided that the container used for such
storage shall be located within an enclosed structure that is sufficient to preclude leakage of oil to the
external environment and to afford routine access for visual inspection and shall be sheltered to prevent
the intrusion of precipitation;
(8) Conservation of soil, water, plants, an
d wildlife;
(9) Outdoor recreation, nature study, boating, fi
shing, and hunting where otherwise legally permitted;
(10) Normal operation and maintenance of existing water bodies and dams, splash boards, an
d other water
control, supply and conservation devices;
(11) Use and development of
single-family residential dwelling units;
(12) Use of land pursuant to an approved definitive subdivision plan
, special pemut, or variance;
(13) Farming, gardening, nursery, conservation, forestry, harvesting, an
d grazing;
(14) Construction, maintenance,. repair, and enlargement ofdrinking-water-supply -re
lated facilities such as,
but not limited to, wells, pipelines, aqueducts, and tunnels;
(15) Underground storage tanks related to permitt
ed activities.
Nice =MA A
(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 heusel;eld-use of hazardous materials or wastes in amounts that do not exceed
household quantities;
(6) Municipal use: the municipal use of hazardous materials and any materials stored 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 oils) used for heating fuel, provided that the container used for such
storage shall be located within an enclosed structure that is sufficient to preclude leakage of oil to the
external environment and to afford routine access for visual inspection and shall be sheltered to prevent
the intrusion of precipitation;
(8) Conservation of soil, water, plants, an
d wildlife;
(9) Outdoor recreation, nature study, boating, fi
shing, and hunting where otherwise legally permitted;
(10) Normal operation and maintenance of existing water bodies and dams, splash boards, an
d other water
control, supply and conservation devices;
(11) Use and development of
single-family residential dwelling units;
(12) Use of land pursuant to an approved definitive subdivision plan
, special pemut, or variance;
(13) Farming, gardening, nursery, conservation, forestry, harvesting, an
d grazing;
(14) Construction, maintenance,. repair, and enlargement ofdrinking-water-supply -re
lated facilities such as,
but not limited to, wells, pipelines, aqueducts, and tunnels;
(15) Underground storage tanks related to permitt
ed activities.
B. Prohibited uses within the Town of Brewster. The following uses are prohibited throughout and within
the Town ofPrewster(:-- ---------------------------------------------------------
(1) (Reserved)
(2) Landfills receiving only wastewater and/or septage (wastewater residuals "monofils") as defined in 310
CMR 32.05, approved by the DEP pursuant to MGL c. 21, §§ 26 through 53; MGL c. 111, § 17; MGL
c. 83, §§ 6 and 7, and regulations promulgated thereunder.
(3) Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in compliance with
310 CMR 32.30 and 310 CMR 32.31.
(4) Storage of deicing chemicals, chemically treated abrasives or other chemicals used for the removal of
ice and snow on roads, unless such storage, including loading areas, is within a structure designed to
prevent the generation an
d escape of contaminated runoff or leachate.
(5) Storage
of animal manure,
unless
such storage is covered or
contained within a structure designed to
prevent
the generation and
escape
of contaminated runoff or
leachate.
(6) Earth removal not consistent with § 179-39 of the Brewster Zoning Bylaw.
(7) Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR
30.000, except for the following:
(a) Very small quantity generators of Class A regulated recyclable material as defined under 310 CMR
30.000.
(b) Household hazardous waste centers and collection events under 310 CMR 30.390.
(c) Waste oil retention facilities required by MGL c. 21, § 52A.
(tl) Water remediation treatment works approved by the Department of Environmental Protection (DEP)
designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwater or surface
waters and operated in compliance with MGL c. 21E an
d 310 CMR 40.0000.
(8) Automobile graveyards and junkyards, as
defined in MGL a 140B, § 1.
(9) Storage of dry hazardous materials, as defined in MGL c. 21E, unless in at
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 fert
ilizers unless such storage is within a structure designed to prevent the generation and
escape of contaminated runoff or leachate.
(11) and uses that result in rendering impervious any lot or parcel more than
15% or 2,500 square feet,
Commented [JTB1 ]: This is within the entire to m? not
just the zone I -n and DCPC
whichever is greater, unless a system for
artificial
recharge
of precipitation is
provided that will not
result in the degradation of groundwater
quality.
L
---- __.......
______.....................
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(12) Any commercial 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 H of the Groundwater Protection District.
(1) Storage of liquid petroleum and/or liquid hazardous products (as defined in MGL c. 21E), except the
following: normal household use, outdoor maintenance and heating of a structure; fuel storage facilities
as licensed by the Town; waste oil retention facilities required by statute, rule or regulation; emergency
generators required by statute, rule or regulation.
(2) Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited to, those listed
under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum
gas.
(3) Treatment works that are subject to 314 CMR 5.00 (not Title 5 septic systems), including privately
owned sewage treatment facilities, except for the following:
(a) The replacement or repair of an existing treatment works that will not result in a system capacity greater
L han the system capacity of the existing treatment works;
(b) The replacement of existing subsurface sewage disposal systems) with wastewater treatment works th
(c) Treatment works approved by DEP designed for the treatment of contaminated groundwater; an
at
will
not result
in
a system capacity greater than
the system capacity of the existing system(s);
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.
(4) Stockpiling and disposal of snow or ice removed from highways an
d 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 dischar
ge 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 was
te -water, except the following:
(a) The reFlacement or repair of an existing system/treatment works that will not result in a design capacity
greater than the design capacity of the existing system/treatment works;
(b) Treatment works approved by the Department of Environmental Protection designed for the treatment of
contaminated groundwater and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and
(c) Publicly owned treatment works.
(8) Storage of commercial fertilizers, as defined herein and in MGL c. 128, § 64.
(9) Gasoline stations, automotive service stations or car washes or motor vehicle or commercial boat
storage or repair. For the purposes of this chapter, "commercial" is defined as any activity involving the
sale of goods or services carried out with the intent of earning a profit.
(10) Dry-cleaning establishments.
D. Uses/struchues 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) (Reserv
ed)
(b) The application for the construction of 10 or more dwelling units, whether on one or more contiguous
lots, tracts, or parcels, or whether contained within one or more structures;
(c) The application for a nonresidential use of 40,000 square feet or greater in lot size or 5,000 squar
e feet
or greater of gross floor area;
(2) Provided that the following uses and/or structures are permitted by the underlying zoning district an
d
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 Committ
ee,
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 11-18-2019FYTM, 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 and employees.
(e) Commercial boat and motor vehicle storage, service or repair. For the purposes of this Chapter,
"commercial" is defined as any activity involving the sale of goods or services carried out with the
intent of earning
a profit.
(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
than the design capacity of the existing treatment works.
[2] The replacement of existing subsurface sewage disposal system(s)
with wastewater treatment works that
will not result in a design capacity greater than the design capacity of the existing system(s).
[3] Treatment works approved by the Massachusetts Department of Environmental Protection designed for
the treatment of contaminated groundwater.
[4] Sewage treatment facilities in those areas with existing water quality problems when it has
been
demonstrated to the Department of Environmental Protection's and the special permit granting
authority's satisfaction both that these problems are attributable to current septic problems and that there
will be a net improvement in water quality
.
§ 179-57 Performance standards.
[Amended 1147-2008 FYTM, Art. 17; 104
9-2009 FYTM, 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 expended-exnanded 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 area shall exceed afive-
parts-per-million (ppm) nitrogen loading standard based on the methodology contained in the e Code
!`..m-rA:ssio .4. w1:tFogen Leading ing T^ohni,..,1 Bulletin 01 001 in the Brewster Board of Health Nitrogen
b
Loading Regulation. The overall concentration of nitrate nitrogen resulting from domestic wastewater
disposalroad runoff,-and4om-fertilizer application, and other nitrogen sources, when diluted by
rainwater 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 subject property based on
the proposed land uses. The Board of Health or the Health Agent, or their designee, w -will review the
proposed project and the nitrogen loading spreadsheet calculations for compliance with the health
regulation and the performance standards in this Bylaw.
rMAM"W"MRIF
i!!!E1ReL�:T.71A
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 and
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. Was
te composed 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.
Bylaw (Chapter 172) to collect. treat and manage stormwater. All F:unoff &ofn ifn�lleus surfaees shall
be reehaFged on the site and diveoed towards afeas eevef:ed with Nregetation for surfaeo infiltration to the
extent possible, Df_r wells shall be used only where othef Fnetheds afe infi�asible and shall be preceded
by oil, grease and sedifnent tFaps to faoilitate removal of eantaminated solids. in the Nricinity of chemical
or fuel delivefy points, provision shall be made for spill eontral.
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
shall be returned to a natural vegetative state within one year of completion of operations.
H. Monitoring of regulated substances in gr
oundwater monitoring wells. If required by the Planning Board,
groundwater monitoring wells) shall be provided at the expense of the applicant in a manner, number,
and location approved by the Planning Board. Except for existing wells found by the Planning Board to
be adequate for this provision, the required well(s) shall be installed by a water well contractor. Samples
shall be analyzed and analytical reports that describe the quantity of any hazardous material or waste
present in each monitoring well shall be prepared by a Massachusetts certified laboratory.
§ 179-58 Prohibited uses within Pleasant Bay Watershed.
[Amended 11-17-2008 FYTM, Art. 17]
(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 1147-2008 FYTM, Art. 171
(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 11-17-2008 FYTM, Art. 171
(Reserved)
§ 179-60 (Reserved)
[Amended 1147-2008 FYTM, Art. 17]
§ 179-61 Water quality review.
A. Water Quality Review Committee. There is hereby established a Water Quality Review Committee
(WQRC), comprising one representative each appointed from time to time by and from the Select
Board, Board of Health, Planning Board, Conservation Commission, Water Commission,
Comprehensive Water Planning Committee, Health Director and Building Commissioner. [Amended
11-18-2013 FYTM, Art. 10; 1143-2017 FYTM, Art. 131
B. Certificate of water quality compliance.
(1) A certificate of water quality compliance shall be obtained by the owner of the premises from the
WQRC or, for special permit uses, from the SPGA:
(a) For erection of any new principal structure other than a single -family dwelling or for change in
occupancy requiring a certificate of use and occupancy under the State Building Code.
(b) For occupancy of any premises not requiring a Certificate of use and occupancy but involving the
storage, handling or transportation of toxic or hazardous wastes.
(2) No building permit or certificate of use and occupancy shall be issued by the Building Commissioner
unless a certificate of water quality compliance, if required, has been applied for or obtained.
C. Requirements. A certificate of water quality compliance shall be granted only as follows: [Amended
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 standards.
(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, sevepgt y naner
sets and one electronic cony of application materials shall be submitted to the Building Commissioner,
who shall forwazd eHe-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. 6]
(1) A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be
used or stored on the premises in quantities greater than those associated with normal household use,
accompanied by a description of measures to protect from vandalism, corrosion and leakage and to
provide for control of spills.
(2) A description of potentially toxic or hazazdous materials to be generated, indicating storage and disposal
method.
(3) Evidence of approval by the Massachusetts Department of Environmental Protection of any industrial
waste treatment or disposal system or any wastewater treatment system over 15,000 gallons per day
capacity, accompanied by analysis by a professional engineer in sanitary or civil engineering registered
in the Commonwealth of Massachusetts certifying compliance with § 179-57D.
E: Action. For uses not requiring a special permit under § 179-56D, 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
shall make recommendations to the SPGA within 35 days of receipt of the application, as provided in
MGL c. 40A, § 11. [Amended 1148-2019FYTM, Art. 61
F. Cert
ificate review.
(1) Each three yeazs 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 materi
als. GeFtifleatien that the waste dispesal system has been inspeeted by a 1
(b)
operating ndit ^^. Description of any maintenance, repair, replacement, or expansion of the existing
sewage disposal system, sewage pumping, or certified inspections completed from the date of the issuance of
the last certificate renewal The Certificate holder shall self -certify that the sewage disposal system has been
properly maintained and is in proper operating condition.
(ed) Results from analysis of leachate or wastewaters as may be required by the Boazd of Health.
(e) Documentation on the operation and maintenance of stormwater facilities permitted under the
Stormwater Management Bylaw (Chapter 172).
(2) Evidence of noncompliance shall be report
ed to the Building Commissioner for enforcement action who
shall have the authority to enforce the provisions of this bylaw.
§ 179-62 Enforcement.
A. Inspection. These provisions shall be enforced by the Building Commissioner. The Building
Commissioner or agent of the Board of Health may enter upon the premises at any reasonable time to
inspect for compliance with the provisions of this article. Evidence of compliance with approved waste
disposal plans may be required by the enforcing officers. All records pertaining to waste disposal and
removal shall be retained.
B. Violations.
Written notice of any violations shall be provided to the holder of the certificate of water quality compliance,
specifying a time for compliance, including cleanup of any spilled materials which is reasonable in relation to
the public health hazard involved and the difficulty of compliance, but in no event shall more than 30 days be
allowed for either compliance or finalization of a plan for longer term compliance, approved by the WQRC.
MEETING MINUTES DATED SEPTEMBER 22, 2021
00
\ LN%%x' "W&AN/, Brewster Planning Board
`oiio of E�nEN",�`9' 2198 Main Street
Brewster, MA 02631A898
ru _ y (508) 896-3701 x1133
brewplan@brewster-ma.gov
o�`Q BREWSTER PLANNING BOARD
�
MEETING MINUTES
Wednesday, September 22, 2021 at 7:00 pm
Brewster Town Office Building (virtual)
Approved.
Vote:
Chair Paul Wallace convened a remote meeting of the Planning Board at 7:01 pm with the following members participating
remotely: Roberta Barrett, Amanda Bebrin, Charlotte Degen, Madalyn Hillis -Dineen, Mark Koch, and Elizabeth Taylor. Also
participating remotely: Lynn St. Cyr, Senior Department Assistant and Kari Hoffmann, Select Board Liaison.
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 mey b'e viewed;,by: Live broadcast (Brewster
Government TV Channel 18), Livestream (livestream.brewster n a,gav), or Video re,.cording (tv.brewster-ma.gov).
The Planning Board Packet can be found at: htto:llrecords brewster-ma.aov/weblink/0/fol/118269/Row1.aspx or by going
to the Planning Department page on the Town of Brewsterweb.site (www.brewster-ma gov),
Wallace declared that a quorum of the Planning Board was
7:03 PM PUBLIC HEARING
Proposed Zoning Bylaw Amendment: Flo
Documents.
• 09/21/21 Letter from Pat Hughes
• 09/22/21 Floodplain Distr c0.AA
Motion by Hillis -Dineen to Ol
Second by Degen. Vote: Hil
Wallace -aye. Vote: 7m0=0.
Shannon Hulst ;+k e
Cape Cod Coope"ra
participates in the National Floodllnsuran
portions of the tCode of Federal Regulatic
Brewster joined the ;National Flood Ins C
bylaw. The bylaw, as proposed, is whati
Program which allows lower, cost flood in
insurance.
Wallace stated that the Board`
a motion to recommend town i
as a strike and replace amend
lor-aye'i^B,e6rin-aye; Barrett -aye; Koch -aye; Degen-aye; and
Xtensiort participated:. in the meeting. Hulst explained that every town that
ogram has to adopt'portions of the model bylaw. The bylaw includes
;�R) which were Wot previously incorporated in the bylaw. The Town of
''rografn in 1985 and this is when the CFR should have been included in the
uired ,,the town to maintain participation in the National Flood Insurance
ce premiums especially for those who are required to maintain flood
ie bylaw as part of the town meeting process and at the end of the hearing
the bylaw would be considered. Wallace noted that this bylaw is proposed
Bebrin asked Hulst to provide more detail on the variances referenced in the bylaw. Hulst explained that the model bylaw
assumes that there is local control over the building code and zoning code. In Massachusetts, there is not local control
over the building code so a variance of the building code would need to be handled through the state. If a variance is
granted by the state, there are requirements that town must follow including notification to the property owner if their
insurance will increase.
Hillis -Dineen read a letter from Pat Hughes dated September 21, 2021 into the record.
Taylor asked if with the increasing number and severity of storms, higher tides, and sea level rise, it was expected that
FEMA would be changing the definitions of their zones and updating them more regularly. Hulst responded that FEMA's
mapping is tied to congressional appropriations and if Congress does not give FEMA the money needed to update maps
the mapping does not happen. There is a new insurance rating system that may impact the flood maps. Hulst suggested
PB Minutes 09/22/21 Page 1 of 5
towns could look at a local data available and decide on additional regulations instead of waiting on FEMA. She
suggested the current focus remain on adopting the model bylaw and additional regulations could be reviewed later.
Hulst stated that the bylaw being reviewed is required by federal law and if it does not pass town meeting the town will be
removed from the flood insurance program which will cause property owners to be ineligible for flood insurance. Hulst
suggested the Board could focus on opportunities for higher standards after town meeting.
Motion by Taylor to Close the Public Hearing on Proposed Zoning Bylaw Amendment: Floodplain District.
Second by Degen. Vote: Taylor -aye; Bebrin-aye; Degen-aye; Koch -aye; Barrett -aye; Hillis -Dineen -aye; and
Wallace -aye. Vote:7-0-0.
Motion by Degen to Recommend Town Meeting Support the Proposed Zoning Bylaw Amendment: Floodplain
District. Second by Bebrin. Vote: Hillis -Dineen -aye; Barrett -aye; Koch -aye; Degen-aye; Bebrin-aye; Taylor -aye;
and Wallace -aye. Vote: 7-0-0.
7:17 PM PUBLIC HEARING CONTINUED
Proposed Town Code Amendment: Stormwater Management
Documents:
• 09/16/21 Stormwater Management Regulations
• 09/20/21 Email from Susan Bridges
• 09/21/21 Letter from Pat Hughes
• 09/22/21 Stormwater Management Bylaw
Lori Kennedy of Horsley Witten participated in the meeting. Ke
management requires controlling erosion and sediment on con'
from new developments and redevelopment projects This is a
The local bylaw is required by the MS4 permit through`the EPA
1 -acre. The proposed bylaw includes small projects to help rp,
sedimentation . 'L
Motion by Degen to Open the
Second by Bebrin. Vote: Tayl
Wallace -aye.
Hillis -Dineen read =
a
St. Cyr stated
stormwater M
review can be
Hillis -Dineen
read an
r from P
at Htag
;onsorveton.,De
nt Bylaw 'ardt:as
d.
nail from Susan
on rropose�
aye; Hillis' -D1
1 September
and Conserv
3oard to coni
ledy summarized the bylaw and.. stated that stormwater
ruction `sites'and requires treatment of stormwater run off
ew`general bylaw specific to stormwater management.
MS4 requires permits for land disturbance activities over
ce the impact,of stormwater run-off, erosion, and
-aye; Koch -aye; Barrett -aye; and
021 into the record.
�n Commission continue to review the proposed
r continuing the public hearing to October 13th so that that
datetl;°`September 20, 2021 into the record.
Wallace responded to a question posed in Bridges email by reading the definition of "land disturbance activity" into the
record. Bridges asked about tree clearing and soil movement and Kennedy responded that those activities were included
in the definition of land disturbance activity ` Y.
The Board discussed Bridges questions;::"regarding waivers. Wallace stated that the Planning Board and Conservation
Commission can waive strict compliance with the requirements. Koch stated that the section on waivers should be read in
its entirety. Kennedy stated that in practice applications for land disturbance activities could be submitted and based on
the information submitted the Board could consider whether a waiver was appropriate. Kennedy stated waivers were
discussed for small projects that were all but approved by the Building Commissioner at the time the bylaw goes into
effect. Degen asked about the administration process of the application and whether a practice should be established
and included in the bylaw. Koch stated that he read the bylaw to say that an application would be submitted for
consideration of a waiver and as part of the process the waiver request would be considered by the Stormwater Authority
or agent.
Wallace expressed concern that the bylaw would impact all new construction projects and be costly for applicants. He
stated that the scope put in place may be too small. Taylor stated that small scope change could have major impacts on
a wetland or pond.
PB Minutes 09/22/21 Page 2 of 5
The Board asked Kennedy what would happen if the town did not pass the bylaw. Kennedy responded that if the bylaw
did not pass the town would not be in compliance with MS4 and the EPA could take enforcement action if they think
adequate stormwater management is not being provided for land disturbances over 1 -acre. There is an option to revise
the bylaw to meet EPA requirements and not be as protective as currently drafted. Wallace summarized research done
by the Planning Department regarding the number of applications from 2019, 2020, and 2021 that would have required a
stormwater permit and it was about one-third of the applications received. The Board reviewed the requirements of the
minor and major stormwater permits. Wallace stated that this is a major amendment being brought to Town Meeting and
he is disappointed that there has not been more public comment. Bebrin stated that there is a range of options that
applicants could use for minor permits including use of a rain barrel. She does not believe the minor permitting is too
onerous. She did express concern that staff could become burdened. Wallace noted that minor permits do not require
engineered plans but that will be a requirement for major permits. Koch mentioned the costs that would be incurred
through this permitting process and noted that the Board did not have actual figures to provide for estimated costs.
Wallace stated that costs would be project dependent. Koch stated that he supports the more restrictive bylaw with the
proposed thresholds. Wallace stated that he would like to see the requirements be the same as the MS4 permit
Bebrin inquired about fees for the permit. Staff will do further research on.fees and provide additional information to the
Board at a later meeting.
Wallace asked about advertising for the public hearing. St. Cyr stated that it has appeared on both Planning Board and
Select Board agendas. The Board would like to see morepublic�comment and discussed options to make the public
aware of the next public hearing. Kennedy encouraged additional advertising for public comment so that the bylaw is
successful in passing and the town can meet the MS4 requirements.
Motion by Bebrin to Continue the Public Hearing on Proposed Town :Code Amendment:Stormwater Management
to October 13, 2021. Second by Barrett. Vote' Hillis -Dineen -aye; Degen-aye; Koch -aye; Barrett -aye; Bebrin-aye;
Taylor -aye; and Wallace -aye. Vote: 7-0-0.
7:55 PM PUBLIC MEETING w
Continued Modification of Site Plan Review Apprdyal #201"4;)28,rApplicant/Owner: Latham Centers, Inc.
Representative: Andrew L. Singer; Esq';; Law Office of Singer & Singer,:L'LC for property located at 1439 Main Street and
shown on Assessor's Map 48, 116t.61 in the Residential Medium Qensity (R.=M) zoning district. The Applicant proposes site
improvements including renovating and expanding the existing facility and parking areas along with a new two-story
building containing student apartments pursua i to Section '179,-64 of the Brewster zoning bylaw. (Continued from August
11, 2021)
Documents: w
• Plan Sho�iing: Existing Conditions dated April'2(,, 201.6
• Stormwater>ManagementReport prepa'r'ed by TFM Engineering of Bedford, NH for Latham Centers, Inc. Dated
December 11 2019.
• Site Preparation and Demolition PIan, Site Layout Plan, Grading and Drainage Plan, Utility Plan, Landscape Plan,
Lighting Plan and�Detail Sheet prepared by TF Engineering of Bedford, NH for Latham Center Inc., dated
October 23, 2019 (asrrevised June. 2021):'4
• Proposed Sewag6tj posal Systeilt Plan dated February 28, 2020.
• Community Center Floor Plans and EIIbvations dated April 2, 2020.
• Meeting House Floor Plans: land,,EI6v'ations dated April 8 and 9, 2020.
• Student Apartments Floor Plan and' Elevations dated March 29, 2021.
• Planning Board Application and'Narrative dated June 18, 2021.
• Turning and Movement Plan, prepared by TFM Engineering of Bedford, NH for Latham Center Inc., dated
September 14, 2021.
• Department Reviews dated September 17, 2021 and Supplemental Department Reviews updated September 22,
2021.
Marian Rose of the Law Office of Singer &Singer, LLC participated on behalf of the Applicant. Anne McManus and Brian
Benevides of the Latham Centers, Inc. participated along with the Applicant's engineer Jeff Kevan of TFM Engineering.
Rose provided an overview of the project including two buildings proposed to be removed and two proposed to be
renovated, along with the addition of a new building and updated entrance, parking, driveways, and septic. Rose noted
that the middle building is still planned for educational use but eight units of housing are now proposed in that building
with seven units for students and one unit for an onsite manager for 24 hours per day. The middle building's footprint has
PB Minutes 09/22/21 Page 3 of 5
slightly changed and is closer to the west side of the property. Both the change in use and the footprint of the middle
building were approved by the Zoning Board of Appeals. The OKH has approved the plan and the plan has also been
reviewed by the Conservation Department. Rose referenced the comments received from the Board of Health (BOH) and
asked that the Planning Board's decision include BOH approval as a condition. Rose stated that the Turning and
Movement Plan provided with this application is the same plan that was provided in 2019 and there have been no
changes to the entrance. The Applicant is aware of the concerns shared by the Fire Department and would like to have
the Applicant's engineer address them directly with the Fire Department as a condition of the decision. Rose stated that
the Applicant would file an amended site plan after discussion with the Fire Department.
Bebrin stated that she filed a Disclosure of Appearance of Conflict of Interest with the Town Clerk for this application. She
stated she feels she can perform her official duties fairly and equitably.
Hillis -Dineen read Department Comments dated September 22, 2021 into thecord.
Wallace asked the Applicant to discuss how housing falls under the educational use referenced in MGL Chapter 40A,
Section 3. McManus responded that Latham Centers is proposing a housing component to their program due to the need
on Cape Cod and in Massachusetts for housing for young people wiW developmental disabilities. This program has been
designed to work with young adults ages 17 to 22 to teach the skills'that will help�them successfully integrate them into
the community as employees and tenants. The program will include daily living skills>of banking, cooking, housekeeping
as well as vocational activities. The program will provide the needed skills for these young adults to live in the community.
Degen asked about the anticipated length of time students would be in the program and,:McManus estimated that it would
be approximately two years. Koch stated that although the project falls under the educationaluse of MGL 40A, Section 3
issues raised through staff comments still need to be addressed and Fire Department and Health Department approval is
still required. Rose noted that the ZBA recognized_ the use at their recent meeting and a decisimwas in the process of
being drafted. Wallace confirmed with Rose that MGtr,40A, Section 3 protects the educational use proposed in the
application.
Wallace asked about the hours of operation of the learning center,a.nd McM'anuS_thought that the hours may be 7 am to 9
pm so that students could participate in,school, after school activities and vocational activities at night. There are alarm
systems on site and staff onsite 24/7 forsecurity purposes, All facilities are accessed by key for security purposes.
Wallace asked about comments "received from. the Fire Department and the`Applicant committed to working with the Fire
Department regarding the size of the island ori ft e east Sid e;of;the entrance.
Degen asked if the units met the DHCD 'standards referenced in 11 the Housing Coordinator's comments and Rose
responded that the';Applicant was not sure if those standardswere6 met at this time, but it is their goal to meet those
standards and 66:added to the DHCD„list :,,
Barrett confirmed with _the Applicant that;`the apartments were for use by students enrolled in the educational program.
She suggested a conditdn of the decisidtl include thisilase and that any change to the use would need to be reviewed by
the Planning Board. Barrettstated that ligh#ing and noise should be considered as they were concerns raised back in
2019. Rose stated that the project has undergone review by the ZBA and OKH with no concerns expressed by abutters.
Barrett again suggested a condition for use of;the seven studio apartments by students enrolled in the educational
program. McManus stated that the`Applicant,was committed to providing affordable housing with these seven units.
Degen suggested a condition that the%'apartments be used for students and if that use changes the Applicant would return
to the Planning Board for review. Barrett stated that if the use changes site conditions will need to be reviewed.
McManus stated that a potential change of use in the future could be apartments for disabled adults.
Wallace suggested a condition of the decision include that the reduction of the island be approved by the Fire
Department. Rose noted that there were parking spaces the Applicant could give up if needed to make the entrance
wider.
Taylor asked about monthly rental costs and the Applicant did not have a figure for rent but noted that they would not be
prohibitive as the purpose of the program was to educate the clients. Taylor asked about bus stops and the Applicant
stated that they were open to establishing a bus stop.
Bebrin thanked the Applicant for submitting a thorough application and for the initiative to provide much needed housing
for this student population. Hillis -Dineen thanked the Applicant and stated that this was a very
worthwhile project.
PB Minutes 09/22/21 Page 4 of 5
Koch thanked the Applicant for the comprehensive plan that was submitted and for being a great neighbor.
Degen asked about a bike rack and Rose directed the Board to an area on the site plan on the plan. Degen asked about
after hours lighting. Koch noted that only security lighting would be on after 7:30 pm per the original decision. Barrett
referenced the conditions regarding lighting in the original decision and the Applicant stated those conditions were still
acceptable.
The Applicant spoke to the request for reduction to the parking setbacks. The conditions of the original decision related to
parking setbacks will remain.
Jill Scalise, Housing Coordinator, thanked Latham Centers for the work they have been doing. Wallace asked Scalise if
she had any concerns with the affordable housing provisions referenced during,the meeting and Scalise responded that
she had no concerns and would like to see the Applicant continue to work with;DHCD and the town to get the units on the
subsidized housing inventory. Scalise noted that there may be size and rent.,requirements to ensure the units are
affordable. _.
The Board reviewed the list of conditions for the decision includ
as the original findings on the parking setbacks. A condition wil
enrolled in the Latham Centers educational program and if,that
Board for modification, the reduction in size to the island onthe
Department, an as -built plan with any modifications will be Supt
Planning Board discussed findings related to encouraging the
and also encouraging the Applicant to work on having a bus stc
Department will also be included.
Motion by Hillis -Dineen to Approve Modificatic
Conditions, as discussed. Second by Barrett.
aye; Taylor -aye; and Wallace-aye.,;,;Vote: 7-0-0.
8:41 PM CITIZEN'S F
No czen comments.
8:42 PM PLANNING DISCUSSION
ng,th'ose in theoriginal decision regarding lighting as well
be'`added that the'' apartments are for use by students
aSe changes the Applicant will return to the Planning
east side will be reviewed approved by the Fire
1.fitted to the Planning andB'uilding Department. The
pplicant to meet the DHCD standards for affordable units
p' added on site. A condition of approval by the Health
iiew Approval #2019-28 with Findings and
Hillis-Diriden-aye; Degen-aye; Barrett -aye; Bebrin-
The Board reviewed the September 8, 2021 meeting minutes.,, Motion by Degen to Approve September 8, 2021
Meeting Minutes. Second by Bebrin,. Vote . Taylor -aye; Bebrin-aye; Barrett -aye; Degen-aye; Hillis -Dineen -aye;
Koch -abstained; and Wallace -aye Vote: 6-0=1: <.
8:44 PM FOR YOUR INFORMATION
Wallace announced a public..hearing on October 7, 2021 before the Cape Cod Commission on proposed technical
amendments to their regulations. Wallace ahnounced the public hearings on the Planning Board's agenda on October 13,
2021. Degen stated that the was helpful information provided on the town website from the public forum regarding the
proposed Sea Camps purchase `Bebrin,reiminded everyone that a special town meeting was scheduled for Saturday,
September 25th. Drop off ballots by OctA6b06r`51 2021. Koch noted that the rain date for Town Meeting is September 26tH
Motion by Hillis -Dineen to adjourn. Second by Bebrin. Vote: Taylor -aye; Degen-aye; Hillis -Dineen -aye; Koch -
aye; Barrett -aye; Bebrin-aye; and Wallace -aye. Vote: 7-0-0.
Meeting adjourned at 8:47 pm.
Next Planning Board Meeting Date: 10/13/21
Respectfully submitted,
Lynn St. Cyr, Senior Department Assistant, Planning
PB Minutes 09/22/21 Page 5 of 5
FOR YOUR INFORMATION
2022 Planning Board
December 1 January 12 December 24, 31
December 15 January 26 January 7, 14
December 29 February 9 January 21, 28
January 12 February 23 February 4, 11
January 26 March 9 February 18, 25
February 9 March 23 March 4, 11
March 2 April 13 March 25, April 1
March 16 April 27 April 8, 15
March 30 May 11 April 22, 29
April 13 May 25 May 6, 13
April 27 June 8 May 20, 27
May 11 June 22 June 3, 10
June 1 July 13 June 24, July 1
June 15 July 27 July 8, 15
June 29 August 10 July 22, 29
July 13 August 24 August 5, 12
August 3 September 14 August 26, September 2
August 17 September 28 September 9, 16
August 31 October 12 September 23, 30
September 14 October 26 October 71, 14
September 28 November 9 October 21, 28
November 2 December 14 November 25, December 2
*Planning Board meets the 2nd and 4th Wednesdays of each month unless noted due to Town
Meeting or a Holiday.