HomeMy Public PortalAbout10.20.21 FinCom PacketTown of Brewster Finance Committee
2198 Main St., Brewster, MA 02631
fincommeeting@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
Remote Participation Only
October 20, 2021 at 6:00 PM
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.
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Finance
Committee
Harvey (Pete) Dahl
Chair
Frank Bridges
Vice Chair
William Meehan
Clerk
Andrew Evans
William Henchy
Alex Hopper
Honey Pivirotto
Robert Tobias
Robert Young
Town
Administrator
Peter Lombardi
Finance Director
Mimi Bernardo
1.Call to Order
2.Declaration of a Quorum
3.Meeting Participation Statement
4.Recording Statement
5.Public Announcements and Comment: Members of the public may address the Finance Committee on
matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting
Law, the Finance Committee is unable to reply but may add items presented to a future agenda.
6.Town Administrator/Finance Director Report
7.Discussion and Vote - Fall Town Meeting Warrant Articles
Article 4 Golf Dept Supplemental Apropriation
Article 8 OPEIU contract
Article 9 General Bylaw – Storm Water Management
Article 10 Zoning Amendment - Water Quality Protection District
Article 11 Zoning Amendment – Floodplain Bylaw
Article 12 Drummer Boy Master Plan Update
8.Liaison Assignments/Reports
9.Review and Approval of Minutes
10.Request for agenda items for future meetings.
11.Matters Not Reasonably Anticipated by the Chair
12.Next Finance Committee Meeting
13.Adjournment
Date Posted:Date Revised:Received by Town Clerk:
Town of Brewster
SPECIAL TOWN MEETING
WARRANT
for
NOVEMBER 15, 2021
at
6:00 PM
STONY BROOK ELEMENTARY SCHOOL
384 UNDERPASS ROAD
Please bring this copy of the warrant to Town Meeting
Large print copies of the warrant are available at the Brewster Town Offices
TOWN OF BREWSTER
SPECIAL TOWN MEETING WARRANT
NOVEMBER 15, 2021
TABLE OF CONTENTS
A INDEX 2
B INFORMATION 3
C 2021 SPECIAL TOWN MEETING
WARRANT ARTICLES
5
ARTICLE DESCRIPTION SPONSOR PAGE
1 Outstanding Obligations Select Board 4
2 Community Preservation Act
Funding Community Preservation Committee
5
3 Capital and Special Projects
Expenditures
Select Board 7
4 Supplemental Appropriation Golf Department 18
5 Utility Easements Select Board 18
6 Fire Union Collective Bargaining
Agreement Select Board
18
7 SEIU Collective Bargaining
Agreement
Select Board 19
8 OPEIU Collective Bargaining
Agreement Select Board
19
9 General Bylaw/Stormwater
Management
Planning Board 20
10 Zoning Amendment/Water Quality
Protection District
Planning Board 31
11 Zoning Amendment/Floodplain
Bylaw
Planning Board 48
12 Drummer Boy Park Master Plan
Update
Select Board 58
13 Other Business Select Board
58
E TOWN MODERATOR’S RULES
F GLOSSARY OF FINANCIAL TERMS
TOWN OF BREWSTER SPECIAL TOWN MEETING NOVEMBER 15, 2021
Barnstable, ss
To: Roland W. Bassett, Jr. Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and
inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the
Cafetorium at the Stony Brook Elementary School, 384 Underpass Road, on Monday,
November 15, 2021, next, at 6:00 p.m. o’clock in the evening, then and there to act upon the
following articles:
OUTSTANDING OBLIGATIONS
ARTICLE NO. 1: To see what sums the Town will vote to appropriate from available funds for
the payment of unpaid obligations from previous fiscal years, including any bills now on
overdraft:
Department Outstanding Obligations Amount
a. Town Administration Utility Expenses $550.00
Total $550.00
Or to take any other action relative thereto.
(Select Board) (9/10 Vote Required)
COMMENT
This article will authorize the payment of outstanding obligations from a previous fiscal year.
According to Massachusetts General Laws, a Town cannot pay an outstanding obligation from a
previous fiscal year with the current year’s appropriation. Therefore, Town Meeting
authorization is required.
a. Utility Expenses – The Town uses the services of a third-party broker to secure the best
natural gas rate for all Town buildings. The outstanding obligation is the fee charged by the
broker for Fiscal Year 2021.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
COMMUNITY PRESERVATION ACT FUNDING
ARTICLE NO. 2: To see if the Town will vote to act upon the recommendations of the
Community Preservation Committee; to appropriate from Fund Balances Reserved for future
expenditure, the amounts shown below, for the purpose of future expenditures, operating and
administration expenses, and reserve funds related to Community Preservation, Historic
Preservation, Open Space, Community Housing and/or Recreation; and to authorize the Town
Administrator to enter into contracts for operating and administration related to Community
Preservation, Historic Preservation, Community Housing and Open Space and/or Recreation, all
as follows:
Purpose Item Funding Source(s) Amount
1 Historic Preservation
a. Crosby Mansion
Committee/Crosby
Mansion Restoration
Crosby Mansion on-
going reconstruction
and restoration
Transfer $72,400
from Historic
Preservation Fund
balance
$72,400
Sub-total $72,400
2 Community Housing
a. Brewster Town
Administrator and
Housing Office
Update of Brewster’s
2017 Housing
Production Plan
Transfer $25,000
from Undesignated
Fund Balance
$25,000
b. Latham Center Supportive housing for
the Strong Start in
Adult Living Program
Transfer $155,000
from Undesignated
Fund Balance
$155,000
Sub-total $180,000
Grand Total $252,400
For Fiscal Year 2022 Community Preservation purposes, each item is considered a separate
appropriation to be spent by the Community Preservation Committee; provided however, that
the above expenditures may be conditional on the grant or acceptance of appropriate historic
preservation restrictions for historic resources, open space restrictions for open space reserves,
and housing restrictions for community housing, running in favor of an entity authorized by the
Commonwealth to hold such restrictions for such expenditures, meeting the requirements of
G.L. c.184 and G.L. c.44B, Section 12, and to authorize the Board of Selectmen to convey or
accept such restrictions;
And further, any revenues received in excess of the estimated receipts are transferred to their
respective reserve fund balance(s) for future appropriation using the allocation formula of 50%
Open Space, 10% Housing, 10% Historical and 30% for Budgeted Reserve for CPA.
Or to take any other action relative thereto.
(Community Preservation Committee) (Majority Vote Required)
COMMENT
In May of 2005, Brewster voters approved a ballot question which allowed for the adoption of
the modified Community Preservation Act. The act appropriates a 3% surcharge on the town’s
real estate tax revenues, which are reserved in a special fund in order to finance projects and
programs for the purposes of preservation of open space, recreation, community housing, and
historic preservation. Brewster is also eligible to receive up to 100% in matching funds from the
State, although we anticipate a reduced reimbursement rate from the State for Fiscal Year
2022, which is projected at 15%. Brewster established, through a local bylaw, a distribution
schedule for the CPA funds according to the following: 50% of the funds for open space, 10%
for community housing, 10% for historic preservation, and 30% balance is available for housing,
historic preservation and/or active or passive recreation projects.
1. Historic Preservation:
a. Crosby Property Committee – Ongoing reconstruction and restoration of the Crosby
Mansion: The goal of the project is to continue ongoing restoration needed to preserve the
historic Crosby Mansion. The work will include restoration of chimneys to mitigate water
intrusion, restoration of roof sections, 3 window restorations, and some exterior repainting.
The amount requested includes $67,400 for the restoration work and a $5,000 set aside to pay
for CPC expenses for historical consulting services to ensure work meets feder al and state
requirements for protection of historic properties.
Total Project Cost: $67,400 CPC Request: $72,400 CPC Vote: 7-0-0
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2. Community Housing:
a. Town of Brewster – Update of Brewster’s 2017 Housing Production Plan: Brewster’s
Housing Production Plan (HPP) is the foundation of the town’s Housing Program. The present
plan has a 5 year term and is scheduled to expire in June 2022. This project is to complete an
update of the town’s HPP for the next 5 years. The plan includes a housing needs assessment,
goals, and implementation strategies. The new plan will include the latest census data, explore
housing trends including the impact of the COVID -19 pandemic, involve outreach to the
community, and be compiled in coordination with the Vision Planning effort.
Total Project Cost: $25,000 CPC Request: $25,000 CPC Vote: 7-0-0
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
b. Latham Center – Strong Start in Adult Living Program Housing: Latham Centers, Inc.
proposes to develop seven affordable studio apartments for individuals ages 17 – 22 and a one-
bedroom apartment for live-in staff, as part of its Strong Start in Adult Living (SSAL) program.
The property is located at 1439 Main Street, Brewster. The SSAL program offers young adults
with intellectual/developmental disabilities an affordable living arrangement and a supportive
environment in which to learn new skills and develop readiness for living in the community.
Young adults referred to SSAL will be provided housing and support with the goal of relocation
to their own home in the community where SSAL case managers will guide and follow them as
they transition to independent living. The amount requested is $150,000 for construction of
the housing with an additional $5,000 of CPA funds to be set aside to cover the CPC’s legal
expenses related to the project.
Total Project Cost: $2,816,582 CPC Request: $155,000 CPC Vote: 7-0-0
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 1, Abs 0
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 3: To see what sums the Town will vote to raise and appropriate, or transfer from
available funds, for the capital outlay expenditures listed below including, in each case, all
incidental and related costs, to be expended by the Town Administrator with the ap proval of
the Select Board; and further that the Town Administrator with the approval of the Select
Board be authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced,
all as set forth below:
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
1 Select Board
a. Cape Cod Sea Camps
Comprehensive
Planning
Professional services
associated with
conducting a
comprehensive study
regarding future uses
of the CCSC and other
Town sites, including
study for a future
community center
Transfer from Article
3, 1a from November
18, 2019 Special
Town Meeting,
Community Center
and School
Feasibility Article
$185,000
b. Wing Island Boardwalk
Design
Professional services
associated with design
of a new boardwalk to
Wing Island
General Fund Free
Cash
$50,000
Sub Total $235,0000
2 Department of Public Works
a. Road
Maintenance/Drainage
Professional services,
including engineering,
permitting and
construction costs
associated with road
maintenance and
drainage on various
streets throughout
Town
General Fund Free
Cash
$200,000
b. MS4 Stormwater
Compliance
Professional services
for MS4 stormwater
permitting compliance
General Fund Free
Cash
$90,000
c. Landfill Monitoring Professional services,
for annual landfill
monitoring
requirements
General Fund Free
Cash
$50,000
d. Scag Mower
Replacement
Purchasing and
equipping one (1) Scag
walk-behind mower
General Fund Free
Cash
$10,000
e. Great Dane Mower Purchasing and
equipping one (1)
Great Dane stand-up
mower
General Fund Free
Cash
$10,000
2 Department of Public Works
f. Front End Loader Purchasing and
equipping one (1) Front
End Loader, including
but not limited to
emergency lights, plow
package, material
spreader, and radios
General Fund Free
Cash
$250,000
Sub Total $610,000
3 Police Department
a. Vehicle Replacement Purchase and
equipping for (3) three
Police vehicles
General Fund Free
Cash
$145,000
b. Ballistic Vest
Replacement
Purchase of ballistic
vests on an ongoing
replacement basis
General Fund Free
Cash
$25,000
c. Cruiser & Body Worn
Video
Purchase of cruiser
video on a replacement
basis and new body
worn video
General Fund Free
Cash
$55,000
Sub Total $225,000
4 Information Technology
a. Technology
Upgrades/Replacement
Ongoing information
system & equipment
improvements,
including but not
limited to the purchase
of desktop computers,
servers, productivity
and office software,
backup systems, and
other hardware /
software throughout
Town
General Fund Free
Cash
$50,000
Sub Total $50,000
5 Assessors
a. Valuation Services Professional Services
for new growth and
cyclical inspections as
required by the
Department of
Revenue
Overlay $80,000
Sub Total $80,000
6 Recreation
a. Facility irrigation
analysis and upgrade
at Freemans Way
fields
Professional Services
for irrigation and soil
analysis on baseball
fields and required
measures such as
additional of soils or
repair/replacement of
irrigation system
Recreation Revolving
Fund/General Fund
Free Cash
$20,000
Sub Total $20,000
7 Water Department
a. Wells 6 & 4
Redevelopment
Professional services,
including engineering
and construction of
well 6 and well 4
Water Retained
Earnings
$40,000
b. Wells 6 & 4 Pump
and Motor
Replacement
Replacement of pumps
and motors in well 6
and well 4 if needed
during the
redevelopment process
Water Retained
Earnings
$40,000
c. 4 X 4 Pick Up Truck Purchasing and
equipping one (1) Pick
Up Truck, including but
not limited to
emergency lights, plow
package, material
spreader, and radios
Water Retained
Earnings
$60,000
d. Red Top Water Main Professional Services
including engineering
and construction of
water main on Red Top
Road
Water Retained
Earnings
$150,000
e. Fix Heaters in Garage
& Add Unit in Pump
House
Repair venting on 3
existing heater units in
garage and replace one
unit in the pump house
Water Retained
Earnings
$35,000
Sub Total $325,000
8 Golf Department
a. HVAC/Boiler Upgrades Professional services,
including engineering
to replace furnaces/air
handlers in the
clubhouse
Golf Reserves $80,000
8 Golf Department
b. Tree Work & Grinding of
Brush Pile
Tree work including
trimming and thinning
as well as grinding of
brush
Golf Reserves $35,000
c. Maintenance Equipment
Replacement
Purchasing and
replacing equipment
necessary to maintain
the golf course
Golf Reserves $232,000
d. Sink Hole Repairs Repair sink holes on
the golf course
Golf Reserves $40,000
e. Kitchen Equipment
Replacement
Replacement of
kitchen equipment
including but not
limited to flat top grill,
deep fryer, stove and
double door fridge
Golf Reserves $25,000
f. Pump House Protection
Project
Professional services to
perform a hydraulic
study stormwater
impacts on the pump
house
Golf Reserves $10,000
g. Clubhouse/Pavilion
Carpeting
Replace existing
carpeting in clubhouse
pavilion and hallway
Golf Reserves $25,000
h. Rental Clubs & Pushcarts
Purchase of approx. 20
sets of rental clubs and
new pull carts
Golf Reserves $30,000
i. Driving Range
Equipment/Balls
Purchase of new
driving range balls,
range ball picker and
dispensing unit
Golf Reserves $20,000
j. Clubhouse window and
door replacement
Professional services,
including engineering
to replace windows
and doors in the
clubhouse and pavilion
Golf Reserves $70,000
Sub Total $577,000
Grand Total $2,122,000
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
The Town certified $4,501,333 in Fiscal Year 21 Free Cash, which amount is now available for
appropriation. At Special Town Meeting on September 26, 2021, a total of $1,950,000 in Free
Cash was appropriated toward the acquisition and operating costs of the Cape Cod Sea Camps
properties. If all capital and special project requests included in this article are approved by
Town Meeting, a balance of $1,601,333 in Free Cash will remain. The Town anticipates a
minimum of $500,000 in additional capital needs that will likely require appropriation from
FY21 Free Cash at Town Meeting next spring, leaving an expected close out balance consistent
with the Select Board’s financial reserves policy.
1. Select Board
1a. Cape Cod Sea Camps Comprehensive Planning – Funding was allocated at the November
2019 Town Meeting to perform an Educational Study of the Elementary Schools, including
consideration of consolidation, and to study the feasibility of a Community Center. The
Elementary School Study is underway and there is $185,000 remaining in the original article.
Since one critical potential public purpose for the Cape Cod Sea Camps Bay parcel is a
Community Center, we are seeking to re-purpose these available funds to broadly study the
potential future uses for the Sea Camps, including a Community Center, and to incorporate
other Town facilities for study such as the Council On Aging, Town Hall, Spruce Hill, and the
Robinson property (Long Pond Woodlands) as well as the results of the Elementary School
Study. These plans will identify recommended future uses, estimated capital & operating costs,
project phasing, financing, and partnerships.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
1b. Wing Island Boardwalk Design - Access to Wing Island is a direct impact to the salt marsh,
floods either side of high tide, and relies on an unimproved easement for access. The Town was
awarded $50,000 in state grant funding toward the $145,000 in total project costs for design
and permitting. We have a $30,000 cash match through a project partner, Brewster
Conservation Trust, for this phase and an anonymous donor has proposed a substantial
investment toward eventual construction. We are requesting a $50,000 match from Town
funds. The remaining $15,000 is comprised of in-kind staff time. This project proposes to link
Drummer Boy Park and adjacent conservation and open space parcels to Wing Island with an
on-grade accessible path from Drummer Boy Park, across Cedar Ridge Reserve conser vation
area, to a raised boardwalk across the marsh to Wing Island and a connection to the existing
easement at the Cape Cod Museum of Natural History.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
2. Department of Public Works
2a. Road Maintenance/Drainage - This request provides funding for the Town’s annual road and
drainage repair work. These funds will be used to address localized drainage and supplement
state Chapter 90 funding for road repairs. Ongoing expen ses related to street sweeping and
catch basin cleaning have been incorporated into the Town’s annual operating budget.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2b. MS4 Stormwater Compliance – These funds will ensure continued compliance with
Massachusetts Department of Environmental Protection and Environment Protection Agency
mandated monitoring of stormwater. Various locations will be sampled for water quality.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2c. Landfill Monitoring – Landfill Monitoring and Sampling Expense – Closed landfills require
ongoing monitoring including soil gas, groundwater sampling, settlement inspections, landfill
and transfer station inspections, and production of a bi-annual report to the DEP.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2d. Scag Mower Replacement – These funds will be used to purchase and equip one walk
behind mower. This mower is used daily for the maintenance of Town properties.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2e. Great Dane Mower Replacement – These funds will be used to purchase and equip one
stand up mower. This mower is used daily for the maintenance of Town properties.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2f. Front End Loader – These funds will be used to purchase and equip one front end loader,
including but not limited to emergency lights, plow package and material spreader, and radios.
This loader is typically used for daily operations at the Recycling Center and DPW as well as in
snow and ice operations.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
3. Police Department
3a. Vehicle Replacement Program - This is the annual cruiser replacement program. In each
fiscal year, the Police Departments purchases three (3) vehicles to replace existing department
vehicles that have typically reached or exceeded 100,000 miles. When practical and as needed,
the outgoing vehicles are repurposed to other Town departments. If these vehicles are not
repurposed, they are sold at auction and the proceeds are returned to the General Fund.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
3b. Ballistic Vest Replacement - Officers are required to wear a ballistic vest as part of their duty
uniform. The fabric used in the construction of the vests has a five-year life expectancy. Each
vest is custom fit for the officer. Based on officer turnover and vest expiration, the vests are
replaced on a rolling basis.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
3c. Cruiser & Body Worn Video - The Brewster Police Department was the first on Cape Cod to
introduce cruiser video in 2015. The equipment in the cars is still original and are now out of
warranty. By FY22, the units will be 7 years old and a new platform will be released, to include
the ability to transition to some body camera units. Cruiser video and body cameras help us
remain open and transparent to the public and the courts and should continue to be supported
by the Town.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
4. Information Technology
4a. Technology Upgrades and Replacements - This request provides funding for the purchase of
upgraded desktop computers, servers, productivity and office software, backup systems , and
other hardware and software for departments throughout the Town. Computers and servers
are replaced on a 3-5 year rotating schedule, and older machines are issued to users with less
intensive computer needs.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
5. Assessors
5a. This article seeks funding for the first year of a five-year contract with a private firm for
property valuation services required to annually set assessed value, collect new growth, and
perform property inspections. The funding comes from the Overlay Reserve Account, which in
turn is funded from a transfer from the balance in the Overlay Accounts of funds that are no
longer needed to cover abatements and exemptions.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
6. Recreation
6a. Facility Analysis and Upgrades at Freemans Fields – These funds will be used to complete an
irrigation analysis done to assess the current system. It was installed approximately 30 years
ago and its condition is largely unknown. We also plan to conduct a soil analysis and add new
infield mix to both Little League fields, which seem to have too much clay in the mixture and
have associated drainage issues.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
7. Water Department
7a. Wells 6 & 4 Redevelopment – Funds will be used for the engineering services and
construction phase of the redevelopment of wells 4 & 6. Scheduled redevelopment improves
the overall performance of the wells, including water quality.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
7b. Wells 6 & 4 Pump and Motor Replacement - As part of the well redevelopment request,
these funds will be used to replace the motor and pump if necessary. Both will be inspected
and refurbished if possible. While the well is being redeveloped, its prudent to have funds
available to replace the pump and motor while they are out of the well.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
7c. 4X4 Pick Up Truck – The current vehicle has over 120,000 miles and requires replacement
due to the nature of its use.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
7d. Red Top Water Main - Professional Services including engineering and construction of water
main on Red Top Road. The project will provide domestic water and fire protection to residents
on this road as well as enhance overall system hydraulics.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
7e. Heater Vent Replacement and Heater Replacement Project - Replacement of existing
venting on three (3) space heaters and replacement of one (1) existing HVAC unit due to
equipment failure.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8. Golf Department
8a. HVAC/Boiler Upgrades – This project would replace the furnaces/air handlers in the
clubhouse to get the A/C fully operational. The Town is working with an engineer to produce a
report about the current system.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8b. Tree Work and Grinding of Brush Pile - Tree work to include thinning and trimming. Rental
of a bucket lift for 4 weeks will be needed for higher work. Grinding of stumps and brush will
clear all piled trees and provide mulch for the course and DPW.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8c. Maintenance Equipment Replacement - Replace a tractor and sidewinder mower, and add a
rough mower, (2) rough aerators, a TriFlex mower, a backhoe attachment and tractor laser box
blade. The equipment being replaced is past its useful life and the added equipment will allow
the Town to maintain superior playing conditions.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8d. Sink Hole Repairs - The sink holes in the cart barn and the parking lot are both safety
hazards. Any remaining funds could be used for on course sink holes to improve playing
conditions.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8e. Kitchen Equipment Replacement - This funding will allow the Town to replace a flat top grill,
a deep fryer, a convection oven with 6 burner stovetop and double door fridge for the main
kitchen. The kitchen equipment is owned by the Town and is original to the 1999 opening of the
new clubhouse, so it is well beyond its useful life.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8f. Pump House Protection Project – Hydrologic study to identify watershed areas that
contribute runoff toward the pump stations and identification of potential runoff diversions to
reduce potential for flooding. The pump stations are in the lowest areas of the golf course
which results in significant runoff during major storm events. Sever al years ago, a significant
storm event flooded the pump stations and damaged the pumps, electrical systems , and power
supply.
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8g. Clubhouse/Pavilion Carpeting - Replace existing carpet in the clubhouse hallway and
pavilion. The current carpeting in the clubhouse is 9 years old and the carpeting in the pavilion
is 20 years old. The carpet is showing wear due to the daily volume of foot traffic.
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8h. Rental Clubs & Pushcarts - Our current rental clubs are in disrepair. The purchase of new
sets would result in an increase of pro shop purchases and would create a better golfing
experience for customers who are not able to travel with their own clubs. We currently have
about 12-15 working and decent push carts, which we received second hand. New carts would
enhance our user experience. Care would be taken to keep the new equipment out of the
elements during winter months.
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8i. Driving Range Equipment/Balls - These monies would be used to purchase new range balls
and equipment that need replacement due to the increased demand at the driving range.
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8j. Clubhouse Window and Door Replacement - Many of the windows in the building have
broken seals that have caused clouding of the windows. They are unsightly and do not project a
good image of the facility. In addition, many of the doors have clouded windows and do not
open and close properly. This is largely due to the high volume of foot traffic throughout the
building. All of the doors and windows are over 20 years old.
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
SUPPLEMENTAL APPROPRIATION
ARTICLE NO. 4: To see what supplemental sum the Town will vote to appropriate from
available funds for Golf Department custodial and facilities maintenance personnel, or to take
any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
The Golf Department is seeking funding to hire a new dedicated full-time staff position to
provide custodial and maintenance services to ensure the Captain’s Golf Course facilities and
amenities are clean and well maintained. Golf Department revenues continue to significantly
outpace budgeted expectations.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
UTILITY EASEMENTS
ARTICLE NO. 5: To see if the Town will supplement the vote taken under Article 32 of the May
1, 2017 Annual Town Meeting, which authorized the Select Board to enter into contracts and
agreements for the development of renewable energy on Town-owned land and buildings, to
further authorize the Select Board to grant utility access and related easements, permanent
and temporary, in, on, under and across such Town-owned land and buildings to promote
and/or serve such renewable energy developments and/or facilities, or to take any other action
relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
As originally approved by Town Meeting in 2017, the Town, in collaboration with the Cape and
Vineyards Electric Cooperative, has entered into lease agreements with a solar developer to
construct and install solar carports at the Captains’ golf course main parking lot and driving
range parking lot. To fully connect these new systems and realize the financial benefits of these
projects, Eversource requires an easement on Town property to install utility poles. The
original Town Meeting vote authorizing these projects did not provide the Select Board with the
ability to grant such easements.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
FIRE UNION COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 6: To see if the Town will vote to raise and appropriate and/or transfer from
available funds a sum of money to be used to fund the cost items of the first fiscal year of the
proposed Collective Bargaining Agreement between the Town of Brewster and International
Association of Firefighters Local 3763, or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
This article will fund the costs associated with the contract settlement expenses between the
International Association of Firefighters Local 3763 and the Town. The current contract expired
on June 30, 2021.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
SEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 7: To see if the Town will vote to raise and appropriate and/or transfer from
available funds a sum of money to fund the cost items of the first fiscal year of the proposed
Collective Bargaining Agreement between the Town of Brewster and Service Employees
International Union, Local 888, or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
This article will fund the costs associated with the contract settlement expenses between the
Service Employees International Union, Local 888 (DPW, Water and Golf) and the Town. The
current contract expired on June 30, 2021.
Select Board: Recommendation
Deferred
Finance Committee: Recommendation
Deferred
OPEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 8: To see if the Town will vote to raise and appropriate and/or transfer from
available funds a sum of money to be used fund the cost items of the first fiscal year of the
proposed Collective Bargaining Agreement between the Town of Brewster and Office and
Professional Employees International Union, Local 6, or to take any other action relative
thereto.
(Select Board) (Majority Vote Required)
COMMENT
This article will fund the costs associated with the contract settlement expenses between the
Office and Professional Employees International Union, Local 6 and the Town. The current
contract expired on June 30, 2021.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
GENERAL BYLAW / Stormwater Management
ARTICLE NO. 9: To see if the Town will vote to amend the Town Code by adding a new general
bylaw, Chapter 272, regarding stormwater management , with text to read as follows:
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:
Establish minimum stormwater management standards and design criteria for the regulation
and control of stormwater runoff quantity and quality;
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;
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;
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;
Establish the Town of Brewster’s legal authority to ensure compliance with the provisions of
this bylaw through permitting, inspection, monitoring, and enforcement; and
Comply with state and federal statutes and regulations relating to stormwater discharges
including Total Maximum Daily Load requirements and with the General Permit for Stormwater
Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts (MS4
Permit), issued by the U.S. Environmental Protection Agency and the Massachusetts
Department of Environmental Protection.
Definitions
The following definitions shall apply in the interpretation and implementation of this Bylaw.
Additional definitions may be adopted by separate regulation.
ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the
water quality, force, direction, timing, or location of runoff flowing from the area. Such
changes include: change from distributed runoff to confined or discrete discharge; change in
the volume of runoff from the area; change in the peak rate of runoff from the area; and
change in the recharge to groundwater on the area.
APPLICANT: Any person, individual, partnership, association, firm, company, corporation, trust,
authority, agency, department, or political subdivision, of the Commonwealth or the Federal
government, to the extent permitted by law, requesting a Land Disturbance Permit or
Administrative Land Disturbance Approval.
BEST MANAGEMENT PRACTICE (BMP): Schedules of activities, practices (and prohibitions of
practices), structures, vegetation, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants to Waters of the United States. BMPs also
include treatment requirements, operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as
hereafter amended.
CLEARING: Any activity that removes the vegetative surface cover.
COMMON PLAN OF DEVELOPMENT: - A "larger common plan of development or sale" is a
contiguous area where multiple separate and distinct construction activities may be taking
place at different times on different schedules under one plan.
EROSION: The wearing away of the land surface by natural or artificial forces such as wind,
water, ice, gravity, or vehicle traffic and the subsequent detach ment and transportation of soil
particles.
GRADING: Changing the level or shape of the ground surface.
GRUBBING: The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE: Any surface that prevents or significantly impedes the infiltration of
water into the underlying soil. This can include but is not limited to: roads, driveways, parking
areas and other areas created using nonporous material; buildings, rooftops, structures, solar
panels, artificial turf, and compacted gravel or soil.
INFILTRATION: The act of conveying surface water into the ground to permit groundwater
recharge and the reduction of stormwater runoff from a project site.
LAND DISTURBANCE ACTIVITY: Any activity that causes a change in the position or location of
soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or
pollutants; measurably changes the ability of a ground surface to absorb waters; involves
clearing, grading, or excavating, including grubbing; or results i n an alteration of drainage
characteristics.
LOW IMPACT DEVELOPMENT (LID): site planning and design strategies that use or mimic
natural processes that result in the infiltration, evapotranspiration or use of stormwater in
order to protect water quality and associated aquatic habitat.
MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate Storm
Sewer Systems in Massachusetts.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM:
The system of conveyances designed or used for collecting or conveying stormwater, including
any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage channel, reservoir, and
other drainage structure that together comprise the storm drainage system owned or operated
by the Town of Brewster.
NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not
previously been developed to include impervious surface.
OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and
organizational mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
OWNER: A person with a legal or equitable interest in property.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal
government, to the extent permitted by law, and any officer, employee, or agent of such
person.
RECHARGE: The process by which groundwater is replenished by precipitation through the
percolation of runoff and surface water through the soil.
RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected,
filed with the recorder of the Land Court of Massachusetts.
REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land
alteration, or phased projects that disturb the ground surface, including impervious surfaces, on
previously developed sites.
RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its origin
to another location; the product of erosion processes.
SEDIMENTATION: The process or act of deposition of sediment.
SITE: The areal extent of construction and land disturbance activities, including but not limited
to the creation of new impervious surface and improvement of existing impervious surface.
STORMWATER AUTHORITY: The Town of Brewster Planning Board or its authorized agent(s),
acting pursuant to this Bylaw to administer, implement, and enforce this Bylaw and to adopt
regulations pursuant to it.
STORMWATER PERMIT: A permit issued by the Stormwater Authority, after review of an
application, plans, calculations, and other supporting documents, in accordance with the
provisions of this Bylaw.
TOTAL MAXIMUM DAILY LOAD (TMDL): A regulatory plan (authorized by the Clean Water Act)
that identifies the amount of a pollutant that a waterbody can assimilate without exceeding its
water quality standard for that pollutant.
WATERCOURSE: A natural or man-made channel through which water flows or a stream of
water, including a river, brook, or underground stream.
WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the Commonwealth,
including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries,
wetlands, coastal waters, groundwater, and Waters of the United States as defined under the
Federal Clean Water Act as hereafter amended.
Authority
This Bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution and the Massachusetts home rule statutes, and pursuant to the
regulations of the federal Clean Water Act found at 40 CFR 122.34.
Administration
A. The Stormwater Authority shall administer, implement, and enforce this Bylaw.
Any powers granted to or duties imposed upon the Stormwater Authority may
be delegated in writing by the Stormwater Authority to its employees or agents.
B. The Brewster Planning Board shall be the Stormwater Authority. For projects
that fall within the jurisdiction of the Brewster Wetlands Protection Bylaw
(Brewster General Bylaw Chapter 172), the 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 disturbance activity that will disturb 10,000 square feet or more, or smaller land
disturbance activities that are part of a larger common plan of alteration or development
that will disturb 10,000 square feet or more;
B. Any new development or redevelopment that will result in a net increase in impervious
surface area by 500 square feet or more, or smaller activities that are part of a larger
common plan of alteration or development that will result in a net increase in impervious
surface area by 500 square feet or more; or
C. Any land disturbance activity, new development, or redevelopment that, over a two-year
period, will result in a cumulative land disturbance of more than 10,000 square feet
and/or a cumulative net increase in impervious surface area of more than 500 square
feet to land that is part of a larger parcel held in common ownership or control at any
time since said date. For the purposes of this Section, ownership by related or jointly
controlled persons or entities shall be considered common owne rship. In such cases, the
new activity is prohibited until either:
(1) All activities that previously disturbed land and/or increased impervious
surface area as described in this Section are brought into full compliance
with the requirements and standards of this Bylaw, or
(2) The application for permit under this Bylaw for the new activity includes
bringing the land previously disturbed and/or the impervious surface
area previously increased into full compliance with the requirements and
standards of this Bylaw. If the involved land is not currently held in
common ownership, all owners of the involved land must jointly apply for
the permit.
D. A development or alteration of land shall not be segmented or phased in a manner to
avoid compliance with this Bylaw.
Exemptions
The following activities are exempt from the requirements of this Bylaw, provided that such
activities utilize the best practical measures to avoid any negative impacts on stormwater
quality, runoff rate, and volume.
A. Any work or projects for which all necessary approvals and permits, including
building permits, have been issued before the effective date of this Bylaw.
B. Maintenance and improvement of land in agricultural or aquacultural use, as
defined by the Massachusetts Wetlands Protection Act regulation 310 CMR
10.04.
C. Maintenance of existing landscaping, gardens, or lawn areas associated with a
residential dwelling conducted in such a way as to not cause a nuisance.
D. Construction of fencing that will not substantially alter existing terrain or
drainage patterns.
E. Construction of utilities other than drainage (gas, water, electric, telephone,
etc.) that will not alter terrain, ground cover, or drainage patterns or result in
discharge of sediment or other pollutants to the MS4 or to a Watercourse or
Waters of the Commonwealth.
F. Emergency repairs to existing utilities (gas, water, electric, telephone, drainage,
etc.) or emergency repairs to any stormwater management facility that poses a
threat to public health or safety, as determined by the Stormwater Authority.
G. Maintenance or resurfacing (not including reconstruction) of an existing public
or private way, parking area, or driveway, provided that such activity does not
increase impervious surface area and that resurfacing does not disturb the
pavement subbase.
Stormwater Management Regulations
A. The Stormwater Authority shall promulgate and periodically amend Stormwater
Management Regulations relating to the terms, conditions, definitions, enforcement,
fees (including application, inspection, and/or consultant fees), delegation of authority,
procedures, and administration of this Bylaw. Failure of the Stormwater Authority to
issue such regulations, or a legal declaration of their invalidity by a court, shall not act
to suspend or invalidate the effect of this Bylaw.
B. The Stormwater Authority may establish a Minor Stormwater Permit for specific
activities.
(1) The purpose of the Minor Stormwater Permit is to simplify the
permitting process under this Bylaw by waiving certain submission
requirements, provided a set of predetermined eligibility criteria and
performance standards are met.
(2) The eligibility criteria, performance standards, and submission
requirements for Minor Stormwater Permits shall be outlined in the
Stormwater Management Regulations promulgated in accordance
with this Bylaw.
(3) The Stormwater Authority may allow Minor Stormwater Permits to
be approved by one or more agents of the Stormwater Authority
rather than by a majority of Stormwater Authority members.
C. The Stormwater Authority may establish criteria, procedures, and standards for off-site
compliance with post-construction stormwater management performance standards
established in the Stormwater Management Regulations promulgated under this Bylaw.
Performance Standards
A. Performance standards shall be defined as part of the Stormwater Management
Regulations promulgated under this Bylaw.
B. Unless specifically altered by this Bylaw or its regulations, the Stormwater
Authority will use the latest accepted versions of the Massachusetts Stormwater
Management Regulations as contained in the Massachusetts Wetlands
Protection Act Regulations at 310 CMR 10.05 (6)(k) and the Massachusetts
Stormwater Handbook as issued by the Massachusetts Department of
Environmental Protection for criteria, policy, standards, stormwater systems
design and engineering, compliance documentation requirements, and general
information for the execution of the provisions of this Bylaw.
C. Unless specifically altered in this Bylaw and its regulations, the Stormwater
Authority shall presume that stormwater management practices designed,
constructed, and maintained in accordance with the Massachusetts Stormwater
Management Handbook meet the performance standards of this Bylaw. For
requirements that are inconsistent between the Massachusetts Stormwater
Management Handbook and the MS4 Permit, the Stormwater Authority will
enforce the more stringent of the requirements.
Procedures
A. A Stormwater Permit must be obtained prior to the commencement of any
construction or land disturbance activity for which such a permit is required. An
Applicant seeking a permit shall file an appropriate application with the
Stormwater Authority in a form and containing information as specified in this
Bylaw and in regulations adopted by the Stormwater Authority.
B. Each application must be accompanied by the appropriate application fee as
established by the Stormwater Authority. Applicants shall pay the application fee
before the review process commences. The Stormwater Authority, or its
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 t o 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 Stormwat er Permit is
issued to inspect for compliance with Stormwater Permit conditions.
§ 272-11. Inspection and Site Supervision
The Stormwater Authority or its designated agent shall make inspections to verify and
document compliance with the Stormwater Permit.
§ 272-12. Surety
The Stormwater Authority may require the applicant to post before the start of land
disturbance or 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 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 M.G.L.
c. 44, §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 meeting 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 meeting to a date announced at the meeting. In the event the Applicant
objects to a continuance or postponement, or fails to provide requested information,
the waiver request shall be denied.
§ 272-14. Enforcement
The Stormwater Authority or its authorized agent shall enforce this Bylaw, and any associated
regulations, orders, violation notices, and enforcement orders and may pursue all civil and
criminal remedies for such violations.
A. Criminal and Civil Relief.
(1) Any person who violates the provisions of this Bylaw, or any associated
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 violato r to remediate the
non-compliance and/or any adverse impact caused by it, including
without limitation:
(a) A requirement to cease and desist from the land-disturbing activity
until there is compliance with this Bylaw and provisions of the
Stormwater Permit or other authorization;
(b) Maintenance, installation, or performance of additional erosion
and sediment control measures;
(c) Monitoring, analyses, and reporting;
(d) Remediation of erosion and sedimentation resulting directly or
indirectly from the land-disturbing activity;
(e) Construction, reconstruction, repair, or maintenance of
stormwater BMPs or any other aspect of the post-construction
stormwater management system;
(f) Remediation of adverse impacts resulting from improper
construction or operation of the post-construction stormwater
management system; and/or
(g) A requirement to eliminate discharges, directly or indirectly, into
the MS4, a watercourse, or into the Waters of the Commonwealth.
(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 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 31st day after the costs first become due.
C. Noncriminal disposition. As an alternative to criminal prosecution or civil action,
the Town may elect to utilize the noncriminal disposition procedure set forth in
M.G.L. c. 40, §21D, in which case designated agents of the Stormwater Authority
shall be the enforcing persons. The penalty for the first violation shall be a
warning. The penalty for the second violation shall be $100. The penalty for the
third and subsequent violations shall be $300. Each day or part thereof that such
violation occurs or continues shall constitute a separate offense.
D. Entry to perform duties under this Bylaw. To the extent permitted by local, state
or federal law, or if authorized by the owner or other party in control of the
property, the Stormwater Authority, its agents, officers, and employees may
enter upon privately owned property for the purpose of performing their duties
under this Bylaw and regulations and may make or cause to be made such
examinations, surveys or sampling as the Stormwater Authority deems
reasonably necessary.
E. Appeals. The decisions or orders of the Stormwater Authority shall be final.
Further relief shall be appealed to a court of competent jurisdiction.
F. Remedies not exclusive. The remedies listed in this section are not exclusive of
any other remedies available under any applicable federal, state, or local law.
§ 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.
COMMENT
A new stormwater management bylaw is proposed to bring the Town into compliance with our
2016 General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer
Systems in Massachusetts (MS4 Permit). This federal permit requires regulated communities,
including Brewster, to adopt local stormwater management regulations.
Stormwater, in the form of snow melt and rain, flows over impervious surfaces such as roofs,
pavement, and compacted gravel driveways, picking up up soil, animal waste, road salt,
fertilizer, trash, and other pollutants and carr ying them into storm drains or directly into
wetlands and waterbodies. Land disturbance activities, such as clearing, construction, and
expansion of paved areas, can increase stormwater runoff and pollutants if not managed
properly. It also affects the Town’s storm drainage systems, exacerbating road flooding during
large rain events. This general bylaw has been developed in a manner that will further protect
and restore the Town’s drinking water, freshwater ponds, and coastal waters.
The proposed bylaw and related regulatory framework provide for “major” and “minor”
categories of stormwater permits. Projects that meet the applicability criteria will need to apply
for a stormwater permit. With some exceptions, this includes projects that will disturb over
10,000 square feet of land (including clearing of vegetation) or that will increase impervious
surface area by over 500 square feet. The Planning Board will serve as the Stormwater
Permitting Authority, except for projects that fall within the Conservation Commission
jurisdiction and minor projects which will be reviewed by relevant Town staff. Regulations will
be promulgated by the Planning Board in conjunction with this bylaw.
Select Board: Recommendation
Deferred
Finance Committee: Yes 0, No 0, Abs 0
Planning Board: Yes 4, No 3, Abs 0
ZONING BYLAW AMENDMENTS / Water Quality Protection District
ARTICLE NO. 10: To see if the Town will vote to amend the Town Code by making the following
amendments to the Water Quality Protection District section of Chapter 179 Zoning Bylaws, as
shown below, with text to be deleted noted by strikethrough and text to be inserted show in
bold and underlined, as follows:
§ 179-53 Purpose.
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").
D. To protect groundwater and surface water resources from viral, pathogenic, phosphorus
and nitrogen contamination and pollution from stormwater runoff;
E. To complement the commonwealth's Department of Environmental Protection regulations
governing groundwater protection and the commonwealth's efforts to protect surface and
coastal waters;
F. To protect other sensitive water resource areas, including those land areas that contribute
recharge to private drinking water supply wells;
G. To conserve the natural resources of the Town; and
H. To prevent temporary and permanent contamination of the water resources of the Town.
§ 179-54 Scope of authority; overlay district.
This bylaw establishes regulations governing land uses and structures and their potential
impact upon the Town's water resources. The provisions of Article XI are superimposed over all
zoning districts and all land within the Town of Brewster and shall function as an overlay
district. Where this article establishes rules, regulations, requirements, standards or provisions
that are stricter than the underlying zoning districts, including those uses and structures found
in Table 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, entitled "Brewster Water Protection District," as adopted by the Barnstable County
Assembly of Delegates pursuant to the Cape Cod Commission Act, which in cludes "Zone I" and
"Zone II" and the "Groundwater Protection District" and the "Pleasant Bay Watershed."
§ 179-55 Definitions.
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
Means Any 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 land measure equal to 40,000 square feet, which is considered a building acre in
accordance with standard real estate practices.
COMMERCIAL FERTILIZERS
Any substance containing one or more recognized plant nutrients which is used for its
plant nutrient content and which is designed for use, or claimed by its manufacturer to
have value, in promoting plant growth. Commercial fertilizers do not include
unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and
gypsum.
EARTH REMOVAL
The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores,
or bedrock. Mining activities are considered earth removal, whether the disturbed natural
materials are removed from the site or reworked on the site.
DEP
The Massachusetts Department of Environmental Protection.
DEVELOPMENT
The construction, reconstruction, conversion, structural alteration, relocation, or
enlargement of any structure; any mine, excavation, landfill, or land disturbance; and/or
any change in use, or alteration or extension of the use, of land.
DISCHARGE
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking,
incineration, or placing of toxic or hazardous material or waste upon or into any land or
water so that such hazardous waste or any constituent thereof may enter the land or
waters of Brewster. Discharge includes, without limitation, leakage of such materials from
failed or discarded containers or storage systems and disposal of such materials into any
on-site leaching structure or sewage disposal system.
HAZARDOUS OR TOXIC MATERIALS
Any substance or mixture of physical, chemical or any infectious characteristics posing a
significant, actual or potential hazard to water supplies or other hazards to human health if
such substance or mixture were discharged to land or water of the Town of Brewster.
Hazardous or toxic materials include, without limitation, organic chemicals, petroleum
products, heavy metals, radioactive or infectious wastes, acids and alkalis, solvents and
thinners and products such as pesticides, herbicides in quantities greater than normal
household use; and all substances defined as hazardous or toxic under MGL c. 21C and
MGL c. 21E, using the Massachusetts Oil and Hazardous Substance List (310 CMR 40.0000),
and 310 CMR 30.000.
HAZARDOUS MATERIAL OR WASTE, HOUSEHOLD QUANTITY OF
Any or all of the following:
A. Two hundred seventy-five gallons or less of oil on site at any time to be used for heating of
a structure or to supply an emergency generator; and
B. Twenty-five gallons (or the dry weight equivalent) or less of other hazardous materials on
site at any time, including oil not used for heating or to supply an emergency generator;
and
C. A quantity of hazardous waste at the very small quantity generator level as defined in the
Massachusetts Hazardous Waste Regulations, 310 CMR 30.353.
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
A groundwater elevation determined from monitoring wells and historical water table
fluctuation data compiled by the United States Geological Survey.
IMPERVIOUS SURFACE
Material or structure on, above or below the ground that does not allow precipitation or
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 MANAGEMENT
The process of ensuring that nitrogen generated by land uses does not exceed established
capacities of the resources receiving nitrogen inputs.
NONSANITARY WASTEWATER
Wastewater discharges from industrial and commercial facilities containing wastes from
any activity other than collection of sanitary sewage, including, but not limited to,
activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR
15.004(6).
OPEN DUMP
A facility which is operated or maintained in violation of the Resource Conservation and
Recovery Act [42 U.S.c. § 4004(a)(b)], or the regulations and criteria for solid waste
disposal.
PETROLEUM PRODUCT
Petroleum or petroleum byproduct, including, but not limited to: fuel oil; gasoline; diesel;
kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil
mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific
gravity. Petroleum product shall not include liquefied petroleum gas, including, but not
limited to, liquefied natural gas, propane or butane.
POTENTIAL DRINKING WATER SOURCES
Areas that could provide significant potable water in the future.
PROCESS WASTEWATER
All wastewater disposed of onsite 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 of privies, chemical toilets, cesspools, holding
tanks, or other sewage waste receptacles. Septage does not include any material that is a
hazardous waste, pursuant to 310 CMR 30.000.
SLUDGE
The solid, semisolid, and liquid residue that results from a process of wastewater
treatment or drinking water treatment. Sludge does not include grit, screening, or grease
and oil which are removed at the headworks of a facility.
STORMWATER MANAGEMENT
The process of ensuring that the magnitude and frequency of stormwater runoff does not
increase the hazards associated with flooding and that water quality is not compromised
by untreated stormwater flow.
SUBDIVISION
The division 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 of the works for the purpose of treatment, storage, or disposal.
VERY SMALL QUANTITY GENERATOR
Any public or private entity, other than residential, which produces less than 27 gallons
(100 kilograms) a month of hazardous waste or waste oil, but not including any acutely
hazardous waste as defined in 310 CMR 30.136.
WASTE OIL RETENTION FACILITY
A waste oil collection facility for automobile service stations, retail outlets, and marinas
which is sheltered and has adequate protection to contain a spill, seepage, or discharge of
petroleum waste products in accordance with MGL c. 21, § 52A.
WATER QUALITY REVIEW COMMITTEE (WQRC)
Committee to be appointed by the Select Board to include eight members; one member
each from the Select Board, Board of Health, Planning Board, Conservation Commission,
Comprehensive Water Planning Committee and Water Commissions, the Brewster Building
Commissioner and the Brewster Health Agent. At the initial appointment, to occur no later
than three weeks after the effective date of this bylaw, members other than the Building
Commissioner and the Health Agent shall be appointed for one-, two- and three-year
terms and thereafter all members shall be appointed for three-year terms. The Building
Commissioner and Health Agent shall serve as members of the WQRC while they are
employed in their respective positions.
ZONE I
The immediate land area around a well. It is defined as a four-hundred-foot protective
radius for wells greater than 100,000 gpd and a radius of 100 to 400 feet for wells less than
100,000 gpd, depending upon the pumping rate. The Zone I must be owned by the water
supplier or controlled through a conservation restriction. Only water supplier activities are
allowed in the Zone 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.
A. Provided that all necessary permits, orders, or approvals as required by local, county,
state, or federal law are also obtained and notwithstanding any requirement to the
contrary found within this article, the following uses and activities shall not independently
trigger the need for a Special Permit and shall be allowed as long as the uses and
activities comply with applicable be exempted from the requirements of this article and
may occur without a special permit Performance Standards established in Section 179-
57.
(1) Continuous transit: the transportation of hazardous wastes or materials, provided that the
transporting motor vehicle is in continuous transit;
(2) Vehicular and lawn maintenance fuel and lubricant use: the use in a vehicle or lawn
maintenance equipment of any hazardous material solely as fuel or lubricant in that
vehicle or equipment fuel tank;
(3) Retail/wholesale sales/office/commercial uses with a lot size below 40,000 square feet
and building area less than 5,000 square feet that store or handle hazardous materials or
wastes in amounts that do not exceed household quantities;
(4) Construction activities: The activities of constructing, repairing, or maintaining any building
or structure, provided that all contractors, subcontractors, laborers, and their employees
follow all local, county, state and federal laws when using, handling, storing, or producing
any hazardous materials or wastes;
(5) Household use: the household use of hazardous materials or wastes in amounts that do
not exceed household quantities;
(6) Municipal use: the municipal use of hazardous materials and any materials stored and
used for the sole purpose of water supply treatment or as required by law;
(7) Storage of oil(s): the storage of oil(s) used for heating fuel, provided that the container
used for such storage shall be located within an enclosed structure that is sufficient to
preclude leakage of oil to the external environment and to afford routine access for visual
inspection and shall be sheltered to prevent the intrusion of precipitation;
(8) Conservation of soil, water, plants, and wildlife;
(9) Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally
permitted;
(10) Normal operation and maintenance of existing water bodies and dams, splash boards, and
other water control, supply and conservation devices;
(11) Use and development of single-family residential dwelling units;
(12) Use of land pursuant to an approved definitive subdivision plan, special permit, or
variance;
(13) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing;
(14) Construction, maintenance, repair, and enlargement of drinking-water-supply-related
facilities such as, but not limited to, wells, pipelines, aquedu cts, and tunnels;
(15) Underground storage tanks related to permitted activities.
B. Prohibited uses within the Town of Brewster. The following uses are prohibited
throughout and within the Town of Brewster:
(1) (Reserved)
(2) Landfills receiving only wastewater and/or septage (wastewater residuals "monofils") as
defined in 310 CMR 32.05, approved by the DEP pursuant to MGL c. 21, §§ 26 through 53;
MGL c. 111, § 17; MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder.
(3) Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in
compliance with 310 CMR 32.30 and 310 CMR 32.31.
(4) Storage of deicing chemicals, chemically treated abrasives or other chemicals used for the
removal of ice and snow on roads, unless such storage, including loading areas, is within a
structure designed to prevent the generation and escape of contaminated 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.
(d) Water remediation treatment works approved by the Department of Environmental
Protection (DEP) designed in accordance with 314 CMR 5.00 for the treatment of
contaminated groundwater or surface waters and operated in compliance with MGL c. 21E
and 310 CMR 40.0000.
(8) Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1.
(9) Storage of dry hazardous materials, as defined in MGL c. 21E, unless in a freestanding
container within a building or above ground with adequate secondary containment
adequate to contain a spill the size of the container's total storage capacity.
(10) Storage of fertilizers unless such storage is within a structure designed to prevent the
generation and escape of contaminated runoff or leachate.
(11) Land uses that result in rendering impervious any lot or parcel more than 15% or 2,500
square feet, whichever is greater, unless a system for artificial recharge of precipitation is
provided that will not result in the degradation of groundwater quality.
(12) Any 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 Brew ster, 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 Ap peals within Zones I
or Zones II of the Groundwater Protection District.
(1) Storage of liquid petroleum and/or liquid hazardous products (as defined in MGL c. 21E),
except the following: normal household use, outdoor maintenance and heating of 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 than the system capacity of the existing treatment works;
(b) The replacement of existing subsurface sewage disposal system(s) with wastewater
treatment works that will not result in a system capacity greater than the system capacity
of the existing system(s);
(c) Treatment works approved by DEP designed for the treatment of contaminated
groundwater; and
(d) Sewage treatment facilities in those areas with existing water quality problems when it has
been demonstrated to DEP and the Planning Board's satisfaction that these problems are
attributable to current septic problems and that there will be a net improvement in water
quality.
(4) Stockpiling and disposal of snow or ice removed from highways and streets located outside
of a Zone 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, gra vel, or any other earth
material within 10 vertical feet of historical high groundwater table elevation, as
determined from monitoring wells and historical water table fluctuation data compiled by
the United States Geological Survey.
(6) Industrial and commercial uses which discharge process wastewater on site.
(7) Facilities or works for the treatment or disposal of nonsanitary wastewater that are subject
to 314 CMR 5.00, or that discharge to the ground nonsanitary wastewater, including
industrial and commercial process wastewater, except the following:
(a) The replacement or repair of an existing system/treatment works that will not result in a
design capacity greater than the design capacity of the existing system/treatment works;
(b) Treatment works approved by the Department of Environmental Protection designed for
the treatment of contaminated groundwater and operating in compliance with 314 CMR
5.05(3) or 5.05(13); and
(c) Publicly owned treatment works.
(8) Storage of commercial fertilizers, as defined herein and in MGL c. 128, § 64.
(9) Gasoline stations, automotive service stations or car washes or motor vehicle or
commercial boat storage or repair. For the purposes of this chapter, "commercial" is
defined as any activity involving the sale of goods or services carried out with the intent of
earning a profit.
(10) Dry-cleaning establishments.
D. Uses/structures allowed by special permit.
(1) Unless otherwise exempted or prohibited elsewhere by this article and as otherwise
permitted in the underlying zoning district, the following uses and activities shall require a
special permit from the Planning Board. Where the use or activity requires a special permit
from another special permit granting authority, the provisions of this article shall
nevertheless apply, although the Planning Board and the other special permit granting
authority may hold a combined public hearing pursuant to MGL c. 40A, § 9 in lieu of
separate public hearings:
(a) (Reserved)
(b) The application for the construction of 10 or more dwelling units, whether on one or more
contiguous lots, tracts, or parcels, or whether contained within one or more structures;
(c) The application for a nonresidential use of 40,000 square feet or greater in lot size or 5,000
square feet or greater of gross floor area;
(2) Provided that the following uses and/or structures are permitted by the underlying zoning
district and other relevant regulations, a special permit may be issued by the Planning
Board for the following uses and/or structures, provided that the Planning Board may
impose conditions upon the use or structure, consistent with the authority provided in
MGL c. 40 § 9, such that the use or structure will not, in the Planning Board's sole
judgment, be inconsistent with the purpose and intent of this bylaw. Notwithstanding the
powers hereby conveyed by this article and MGL c. 40A, § 9 to the Planning Board and in
recognition of the expertise found within the members of the Water Quality Review
Committee, the Planning Board shall, in accordance with the procedures of MGL c. 40A,
§ 11, cause all applications for a special permit pursuant to this article to be submitted to
the Water Quality Review Committee for the Committee's comments and
recommendations as provided by MGL. c. 40A, § 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.
(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.
(c) Any use that will render impervious more than 15% or 2,500 square feet of any lot,
whichever is greater. A system for groundwater recharge must be provided which does not
degrade groundwater quality. For nonresidential uses, recharge shall be by stormwater
infiltration basins or similar systems covered with natural vegetation, and dry wells shall
be used only where other methods are infeasible. For all nonresidential uses, all such
basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal
of contamination. Any and all recharge areas shall be permanently maintained in full
working order by the owner.
(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 th e 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 s pecial
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.
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 expanded 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:
(1) A. No new, altered or expanded uses within Zone I, Zone II and/or the DCPC area
shall exceed a five-parts-per-million (ppm) nitrogen loading standard based on the
methodology contained in the Cape Code Commission's Nitrogen Loading Technical
Bulletin 91-001in the Brewster Board of Health Nitrogen Loading Regulation. The
overall concentration of nitrate nitrogen resulting from domestic wastewater disposal,
road runoff, and from 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, will re view the proposed project
and the nitrogen loading spreadsheet calculations for compliance with the health
regulation and the performance standards in this Bylaw. is presumed under the
following conditions: For the purposes of calculating nitrogen generation, the following
standards shall be used:
(a) Nitrogen from dwelling units that use septic systems (assuming three persons per
dwelling): 35 mg/l;
(b) Nitrogen from lawn fertilizers: two pounds per 1,000 square feet (25% leached);
(c) Nitrogen in background precipitation: 0.05 mg/l;
(d) Runoff from roads and ways: 1.50 mg/l;
(e) Runoff from roofs: 0.75 mg/l.
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 pro cedures. 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. Waste
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 Wat er Regulations of
Massachusetts, 310 CMR 22.00, after allowing for dilution by natural recharge on the
premises. If higher, background levels of individual constituents in the groundwater shall
not be exceeded.
E. All new, altered or expanded uses shall c omply with the requirements of the Stormwater
Management Bylaw (Chapter 272) to collect, treat and manage stormwater. All runoff
from impervious surfaces shall be recharged on the site and diverted towards areas
covered with vegetation for surface infiltration to the extent possible. Dry wells shall be
used only where other methods are infeasible and shall be preceded by oil, grease and
sediment traps to facilitate removal of contaminated solids. In the vicinity of chemical or
fuel delivery points, provision shall be made for spill control.
F. The Planning Board shall ensure that land uses, structures and related developments
conform to the following performance standards for stormwater management.
(1) No development shall result in a direct discharge of untreated stormwater, either on or off
site.
(2) Post development discharge rates shall not be greater than predevelopment discharge
rates.
(3) New development shall maximize recharge to groundwater.
(4) New development shall be required to remove, on site, no less than 80% of the annual
total suspended solids generated from development runoff.
(5) Best management practices shall be maintained for appropriate periods of time.
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 groundwater monitoring wells. If required by the
Planning Board, groundwater monitoring well(s) shall be provided at the expense of the
applicant in a manner, number, and location approved by the Planning Board. Except for
existing wells found by the Planning Board to be adequate for this provision, the required
well(s) shall be installed by a water well contractor. Samples shall be analyzed and
analytical reports that describe the quantity of any hazardous material or waste present in
each monitoring well shall be prepared by a Massachusetts certified laboratory.
§ 179-58 Prohibited uses within Pleasant Bay Watershed.
(Reserved)
§ 179-58.1 Uses/structures allowed by special permit within the Pleasant Bay Watershed.
(Reserved)
§ 179-58.2 Performance standards within Pleasant Bay Watershed.
(Reserved)
§ 179-59 Prohibited uses within the watersheds of surface water bodies other than Pleasant
Bay.
(Reserved)
§ 179-59.1 Uses/structures allowed by special permit within watersheds of surface water
bodies other than Pleasant Bay.
(Reserved)
§ 179-59.2 Performance standards within watersheds of surface water bodies other than
Pleasant Bay.
(Reserved)
§ 179-60 (Reserved)
§ 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.
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 Bu ilding
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:
(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 ,
seven two paper sets and one electronic copy of application materials shall be submitted
to the Building Commissioner, who shall forward one set them 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:
(1) A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous
materials to be used or stored on the premises in quantities greater than those associated
with normal household use, accompanied by a description of measures to protect from
vandalism, corrosion and leakage and to provide for control of spills.
(2) A description of potentially toxic or hazardous materials to be generated, indicating
storage and disposal method.
(3) Evidence of approval by the Massachusetts Department of Environmental Protection of
any industrial waste treatment or disposal system or any wastewater treatment system
over 15,000 gallons per day capacity, accompanied by analysis by a professional engineer
in sanitary or civil engineering registered in the Commonwealth of Massachusetts
certifying compliance with § 179-57D.
E. Action. For uses not requiring a special permit under § 179-56D, 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.
F. Certificate review.
(1) Each three years the WQRC shall review compliance with this article and the certificate of
water quality compliance. Upon request, certificate holders shall submit the following:
(a) Description of any changes from the originally submitted materials.
(b) Certification that the waste disposal system has been inspected by a licensed septic
system installer or treatment plant operator within the preceding 90 days and found to be
properly maintained and in proper operating condition. 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 certificat e
renewal. The Certificate holder shall self -certify that the sewage disposal system has been
properly maintained and is in proper operating condition.
(c) Results from analysis of leachate or wastewaters as may be required by the Board of
Health.
(d) Documentation on the operation and maintenance of stormwater facilities permitted
under the Stormwater Management Bylaw (Chapter 272).
(2) Evidence of noncompliance shall be reported 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 Bu ilding
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.
COMMENT
The proposed Stormwater Management Bylaw (Article 9) incorporates many of the stormwater
management requirements currently included in the Town’s Water Quality Review bylaw. For
that reason, the Town is recommending changes to this bylaw to avoid any duplication or
conflicts between the two. These updates also clarify and standardize applicable nitrogen
loading calculations. Evaluation of nitrogen loading calculations and compliance with related
performance standards will be overseen by the Board of Health, which is developing new
regulations to facilitate these reviews.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
Planning Board: Yes 7, No 0, Abs 0
ZONING BYLAW AMENDMENTS / Floodplain District
ARTICLE NO. 11: To see if the Town will vote to amend the Town Code by making amendments
to the Floodplain District section of Chapter 179 Zoning Bylaws, by deleting existing text and
replacing with new text as follows:
§ 179-7 Floodplain District.
The Floodplain District is established as an overlay district. All uses otherwise permitted in the
underlying district are allowed, provided that they meet the following additional requirements, as
well as those of the Massachusetts State Building Code dealing with construction in floodplains
and coastal high hazard areas.
A. Statement of purpose. The purposes of the Floodplain District are to:
(1) Regulate development in areas subject to coastal storm flowage, particularly high hazard
velocity zones, in order to minimize threats to public safety, potential loss of life, personal
injury, destruction of property, and environmental damage inevitably resulting from
storms, flooding, erosion and relative sea level rise.
(2) Enable safe access to and from coastal homes and buildings for homeowners and
emergency response personnel, such as police, fire and rescue departments or other
emergency response officials.
(3) Reduce or prevent public health emergencies resulting from surface and ground water
contamination from inundation of or damage to sewage disposal systems and storage
areas for typical household hazardous substances.
(4) Minimize monetary loss and public health threats resulting from storm damage to public
facilities (water and gas mains, electric, telephone lines, streets, bridges, etc.). Avoid the
loss of utility services which, if damaged by flooding, would disrupt or s hut down the utility
network and impact regions of the community beyond the site of flooding.
(5) Eliminate costs associated with the response to and cleanup of flooding conditions.
(6) Reduce damage to public and private property resulting from flooding water s.
B. Definitions. As used in this section, the following words shall have the meanings specified
herein:
AREA OF SPECIAL FLOOD HAZARD The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, X, and VE. [Base Code, Chapter 2,
Section 202]
BASE FLOOD The flood having a one-percent chance of being equaled or exceeded in any given
year.
COASTAL HIGH HAZARD AREA The area subject to high-velocity waters, including but not
limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone VE.
DEVELOPMENT Any man-made change to improved or unimproved real estate, including but
not limited to building or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials. [US Code of Federal Regulations,
Title 44, Part 59]
DISTRICT Floodplain District.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be fixed (including, at minimum, the installation of utilities, the
construction of streets, and either final site grading or pouring of concrete pads) is completed
before the effective date of this section.
EXPANSION TO AN EXISTING MANUFACTURED HOMEPARK OR SUBDIVISION The preparation
of additional sites by the construction of facilities for servicing lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction or streets, and
either final site grading or pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Administers the National Flood
Insurance Program (NFIP). FEMA provides a nationwide flood hazard mapping study program
for communities as well as regulatory standards for development in the flood h azard areas.
FLOOD INSURANCE RATE MAP (FIRM) An official map of a community on which FEMA has
delineated both areas of special flood hazard and risk premium zones applicable to the
community.
FLOOD INSURANCE STUDY (FIS) An examination, evaluation, and determination of flood
hazards, and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of flood-related erosion hazards.
FUNCTIONALLY DEPENDENT USE A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced
Standard ASCE 24-14]
HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title
44, Part 59]
HISTORIC STRUCTURE Any structure that is:
(a) Listed individually in the National Register of Historic Places (a list ing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interi or as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior or
(2) Directly by the Secretary of the Interior in states without approved programs.
[US Code of Federal Regulations, Title 44, Part 59]
LAND SUBJECT TO COASTAL STORM FLOWAGE Land subject to inundation caused by coastal
storms up to and including the one-hundred-year flood, surge of record, or flood of record,
whichever is greater. The one-hundred-year flood (or base flood as it is also referred to) means
the flood having a one-percent chance of being equaled or exceeded in any given year. The
seaward limit is mean low water.
LOWEST FLOOR The lowest floor of the lowest enclosed areas (including basement or cellar).
An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of NFIP Regulations 60.3.
MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For purposes of the application of this Floodplain District
Bylaw, the term “manufactured home” also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes,
the term “manufactured home” does not include park trailers, travel trailers, and other similar
vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) Is administered by the Federal Emergency
Management Agency (FEMA).
NEW CONSTRUCTION Structures for which the start of construction commenced on or after
June 6, 1985 (the effective date of the first Flood Insurance Rate Map and accompanying
regulations). New construction includes work determined to be substantial improvement.
NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or
subdivision for which the construction of facilities for servicing the lots o n which the
manufactured homes are to be affixed (including, at minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of this Floodplain District Bylaw.
ONE HUNDRED YEAR FLOOD See "base flood."
RECREATIONAL VEHICLE A vehicle which is:
(a) Built on a single chassis,
(b) 400 square feet or less when measured at the largest horizontal projection,
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(Note: Recreational Vehicles are only allowed in Brewster in licensed camping facilities)
SEA-LEVEL RISE BASE FLOOD ELEVATION (SLR-BFE) The elevation of surface water resulting
from any inundation caused by coastal storms up to and including that predicted to be caused
by the 1% annual storm for the Target Year, as defined by the best available coastal flooding
model.
SPECIAL FLOOD HAZARD AREA An area having special flood and/or flood related erosion
hazards, and shown on a FIRM as Zone A, AE, VE.
START OF CONSTRUCTION The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement or other improvement is within 180 days
after the date of issuance. The actual start of construction means the first placement of
permanent construction of a building (including a manufactured home) on a site, such as the
pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation,
grading or filling), the installation of streets or walkways, excavation for a basement, footings,
piers or foundations, the erection of temporary forms or the installation of accessory buildings
such as garages or sheds not occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual “start of construction” means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether or not that alteration affects
the external dimensions of the building. [Base Code, Chapter 2, Section 202]
STRUCTURE For floodplain management purposes, a walled and roofed building, including a gas
or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50% of the
market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50% of the market value of the
structure before the start of construction of the improvement. This term includes structures
which have incurred substantial damage, regardless of the actual repair work performed.
SUBSTANTIAL REPAIR OF A FOUNDATION When work to repair or replace a foundation results
in the repair or replacement of a portion of the foundation with a perimeter along the base of
the foundation that equals or exceeds 50% of the perimeter of the base of the foundation
measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine it to be substantial
repair of a foundation. Applications determined by the building official to con stitute substantial
repair of a foundation shall require all existing portions of the entire building or structure to
meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE A grant of relief by a community from the terms of a floo d plain management
regulation. [US Code of Federal Regulations, Title 44, Part 59]
VIOLATION The failure of a structure or other development to be fully compliant with the
community's flood plain management regulations. A structure or other development wi thout
the elevation certificate, other certifications, or other evidence of compliance required in
§60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
ZONES
ZONE A The one-hundred-year floodplain area where the base flood elevation (BFE) has
not been determined. To determine the BFE, use the best available federal, state, local or
other data.
ZONE AE The one-hundred-year floodplain where the base flood elevation has been
determined.
ZONE X Areas identified in the community Flood Insurance Study as areas of moderate or
minimal flood hazard.
ZONE VE Special flood hazard areas along a coast subject to inundation by the one -
hundred-year flood with additional hazards due to velocity (wave action). Base flood
elevations have been determined.
C. Floodplain District boundaries and base flood elevation data.
(1) The Floodplain District includes all special flood hazard areas within the Town of Brewster
designated as Zone A, AE, AH, AO, A99, V or VE on the Barnstable County Flood Insurance
Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the
administration of the National Flood Insurance Program dated July 14, 2016. The exact
boundaries of the District may be defined by the 1% chance base flood elevations shown
on the FIRM and further defined by the Barnstable County Flood Insurance Study (FIS)
report. The FIRM and FIS report are incorporated herein by reference and are on file with
the Town Clerk, Planning Board, Building Commissioner and Conservation Commission.
(2) Base flood elevation data. Base flood elevation data is required for subdivision proposals or
other developments greater than 50 lots or five acres; whichever is the lesser, within
unnumbered A zones.
a. Within Zone A, where the base flood elevation is not provided on the FIRM, the
applicant shall cause a qualified professional to provide any existing base flood
elevation data, which data shall be reviewed by the Building
Commissioner/Zoning Agent for its reasonable utilization toward meeting the
elevation or floodproofing requirements as appropriate, of the State Building
Code.
b. Pursuant to the Wetlands Protection Act (G.L. c. 131, Section 40 and 310 CMR
10.00, et seq.), the Brewster Conservation Commission may require any building
or other structure, in the event of any substantial repair of the foundation, any
substantial improvement, or any restoration of substantial damage, the entire
building or structure shall be elevated at least two (2) feet above the SLR -BFE.
D. Use regulations.
(1) All provisions of the Code of the Town of Brewster, Chapter 179, shall remain applicable
within the Floodplain District; provided, however, where the Floodplain District Bylaw
imposes additional or conflicting requirements, the more stringent local requirements shall
prevail. All development in the Floodplain District, including structural and nonstructural
activities, whether permitted by right or by special permit, must be in compliance with
(Chapter 131, Section 40, of the Massachusetts General Laws and with the following:
a. Section of the Massachusetts State Building Code which addresse s floodplain
and coastal high hazard areas (currently 780 CMR).
b. Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00).
c. Inland Wetlands Restriction, IMP (currently 310 CMR 13.00).
d. Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00).
e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Tile 5).
f. Brewster Wetlands Protection Bylaw (currently Chapter 172, Brewster Town
Code).
g. Brewster Wetlands Conservancy District (currently Chapter 179, Article II, § 179-
6, Brewster Town Code).
(2) Any departure from the provisions and requirements of the above-referenced state or
local regulations may only be granted in accordance with the required variance procedures
of these state or local regulations. A variance from this Floodplain Bylaw must meet the
requirements set out by State law, and may only be granted if: 1) Good and sufficient
cause and exceptional non-financial hardship exist; 2) the variance will not result in
additional threats to public safety, extraordinary public expense, or fraud or victimization
of the public; and 3) the variance is the minimum action necessary to afford relief.
(3) If the State issues a variance to the flood-resistant standards as found in the Massachusetts
State Building Code, the Town will request from the State Building Code Appeals Board a
written and/or audible copy of the portion of the hearing related to the variance and will
maintain this record in the community’s files.
The Town shall also issue a letter to the property owner regarding potential imp acts to the
annual premiums for the flood insurance policy covering that property, in writing over the
signature of a community official that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the
base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the
referenced development in the floodplain overlay district.
E. Recommended uses. The following uses, which present low flood damage potential and are
unlikely to cause obstructions to flood flows, are encouraged, provided they are permitted in
the underlying district and do not require structures, fill, or the storage of either materials or
equipment.
(1) Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
(2) Forestry and nursery uses.
(3) Outdoor recreational uses, including play areas, nature study, boating, fishing and hunting
where otherwise legally permitted.
(4) Conservation of water, plants and wildlife.
(5) Wildlife management areas, foot, bicycle, and/or horse paths and bridges provided such
uses do not affect the natural flow pattern of floodwaters or of any watercourse.
(6) Temporary nonresidential structures used in connection with fishing, hunting, bird
watching, growing, harvesting, storage, or sale of crops raised on the premises.
(7) Buildings and uses lawfully existing prior to the adoption of these provisions.
F. Use limitations.
(1) Man-made alteration of sand dunes within Zone VE that increase potential flood damage is
prohibited.
(2) All new construction within Zone VE is required to be located landward of the reach of
mean high tide.
(3) All subdivision proposals shall be reviewed to assure that:
a. Such proposals minimize flood damage;
b. All public utilities and facilities are located and constructed to minimize or
eliminate flood damage; and
c. Adequate drainage is provided to reduce exposure to flood hazards.
(4) Existing contour intervals of site and elevations of existing structures must be included on
plan proposals.
(5) Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around
structures on slopes, to guide floodwaters around and away from proposed structures.
(6) All recreational vehicles to be placed on a site must be:
a. elevated and anchored in accordance with the zone’s regulations for foundation
and elevation requirements; or
b. be on the site for less than 180 consecutive days; or
c. be fully licensed and highway ready.
G. Administration.
(1) The Town of Brewster requires a permit for all proposed construction or other
development in the floodplain overlay district, including new const ruction or changes to
existing buildings, placement of manufactured homes, placement of agricultural facilities,
fences, sheds, storage facilities or drilling, mining, paving and any other development that
might increase flooding or adversely impact flood risks to other properties.
(2) There shall be established a routing procedure which will circulate or transmit one copy of
the development plan to the Conservation Commission, Planning Board, Board of Health,
Town Engineer and Building Commissioner for comments which will be considered by the
appropriate permitting board prior to issuing applicable permits. The proponent must
obtain all local, state, and federal permits necessary to carry out the proposed
development in the floodplain overlay district and must verify that all necessary p ermits
have been acquired.
(3) The Building Commissioner shall require the applicant to cause a qualified professional to
provide records of elevation and/or floodproofing levels for new construction or
substantial improvement within the flood district.
H. Designation of community Floodplain Administrator. The Town of Brewster hereby designates
the position of Building Commissioner to be the official floodplain administrator for the Town.
I. Severability. If any provision of this section should be disapproved b y the Attorney General or
invalidated by a court of competent jurisdiction, the remainder of the section shall not be
affected thereby. The invalidity of any section or sections or parts of any section or sections of
this § 179-7 shall not affect the validity of the remainder of the Town of Brewster's Zoning
Bylaw.
J. Abrogation. The provisions found in this Floodplain Overlay District section shall take
precedence over any less restrictive conflicting local laws, ordinances or codes.
K. Liability. The degree of flood protection required by this bylaw is considered reaso nable but
does not imply total flood protection.
L. Requirement to submit new technical data. If the Town acquires data that changes the base
flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6
months, notify FEMA of these changes by submitting the technical or scientific data that
supports the change(s.) Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
And copy of notification to:
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation, 251 Causeway Street, Boston, MA 02110
COMMENT
The Brewster floodplain district was first adopted as a zoning overlay in 1985. The bylaw has
been amended over time as subsequent district boundaries and state and federal regulations
have changed. The amendments proposed in this article are designed to incorporate
recommended changes from the state’s updated model floodplain bylaw. No changes to the
floodplain district boundary are proposed as part of this zoning bylaw amendment.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
Planning Board: Yes 7, No 0, Abs 0
DRUMMER BOY PARK MASTER PLAN UPDATE
ARTICLE NO. 12: To see if Town will vote to accept the 2021 Drummer Boy Park Master Plan, or
to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
After purchasing the Drummer Boy property in 1988, a Comprehensive Master Plan was
developed and adopted by Town Meeting in 1995. That plan identified opportunities and
constraints for the site and developed a programmatic plan for the property via a phased
implementation approach. Some of these improvements, including the bandstand, playground,
and walking paths, have been implemented. Twenty-five years later, Drummer Boy Park
continues to provide diverse active and passive recreational uses for countless residents and
visitors, and it remains a vital community asset.
In 2020, the Select Board established the Drummer Boy Park Advisory Committee to review the
park’s current condition and uses, develop designs for expanded or alternative uses, and
estimate costs and funding scenarios for such future plans. The resulting updated Master Plan
was informed by feedback from residents and relevant stakeholders such as the Brewster
Historical Society and Brewster Conservation Trust, who own adjacent properties.
The goals of this new Plan are to preserve the character of the park, improve views of the bay,
enhance existing uses, and provide additional access to and throughout the park. The Plan
also seeks to account for future increased use given the proposed construction of a new
elevated boardwalk to Wing Island from the Town-owned conservation land immediately to the
east of Drummer Boy. Additional details and more information on the Plan can be found on the
Town website at Drummer Boy Park Advisory Committee (brewster-ma.gov) or in the Town
Administrator’s office.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
OTHER BUSINESS
ARTICLE NO. 13 To act upon any other business that may legally come before this meeting; or
to take any other action related thereto.
(Select Board) (Majority Vote Required)
And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk
at the time and place of said meeting as aforesaid.
Given under our hand and Seal of the Town of Brewster affixed this __th day of October 2021.
___________________________________
Cynthia A. Bingham, Chair
___________________________________
David C. Whitney, Vice-Chair
___________________________________
Edward B. Chatelain, Clerk
___________________________________
Mary W. Chaffee
___________________________________
Kari Sue Hoffmann
I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I
served the Warrant for the Special Town Meeting of November 15, 2021 by posting attested
copies thereof, in the following locations in the Town on the __th day of October, 2021.
Brewster Town Offices
Café Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster General Store Millstone Liquors
U. S. Post Office
_________________________________
Roland W. Bassett, Jr. Constable
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: FY22-23 OPEIU Contract Negotiations
DATE: October 14, 2021
The Town and OPEIU union have reached tentative agreement for a new 2-year collective
bargaining agreement (FY22-23), subject to appropriation by Town Meeting in November 2021.
The terms of such agreement, which have been ratified by the union, are as follows:
1.Article 33 Compensation
Section 1 Compensation and Classification Study - Implement all recommended
changes to grades and steps as detailed in the Compensation and Classification
Study Final Report dated August 4, 2021 (see attached Appendix A and B)
retroactive to July 1, 2021, such that all employees will be placed on the next
nearest step in their new grade that provides an increase. Some employees may
move to a lower step than they are currently at on the new scale as a result of
these increases. No employee shall see a decrease in pay. These changes are
shown in Appendix C.
Section 2 Cost of Living Adjustment (COLA)
o FY22 COLA (retroactive to July 1, 2021): 2.0% Increase to all steps*
*must be employed by Town on date that appropriation is approved by
Town Meeting
o FY23 COLA: Effective July 1, 2022: Step + 2.75% increase**
**Employees who are at the maximum step will receive COLA
o N.B. Increases shall be made to the newly implemented compensation plan
described in Section 1 and Appendix A, B, and C. Appendix D to this
document shows the step scale for the FY 22-23 Collective Bargaining
Agreement following the implementation of the Compensation and
Classification Study recommendations and the Cost-of-Living Adjustments
(COLAs)
New Section 4 – In recognition of their years of service, employees at Step 10 as
of June 30, 2022 will be eligible to receive a one-time payment in the last pay
period of FY23 (June 2023) equivalent to 3% of their annual base salary. Eligible
employees who voluntarily terminate employment in FY23 will be compensated for
such on a pro-rated basis.
2.Article 25 Licenses and/or Certifications
Assistant Health Director is eligible to receive a 5% differential for licensure as a
registered sanitarian in addition to that employee’s applicable base hourly rate.
Office of:
Select Board
Town Administrator
3.Miscellaneous:
Add an MOA that reads: “The Town and Union shall re-open negotiations to discuss
and bargain over any substantive non-financial improvements to the FY22-23 SEIU
Collective Bargaining Agreement, once finalized and approved, to ensure that there
is parity for the OPEIU Local 6 members that supervise these employees.”
4.Article 13 Vacations
Add a new Section 7 that reads “Employees shall submit requests for vacation in
writing to the Department Head for approval. Employees shall submit vacation
requests at least ten (10) business days in advance of the requested vacation
period when the request is for five (5) or more days of vacation. The Department
Head shall respond to written requests in writing in a timely manner following
receipt of requests not to exceed five (5) business days. Vacation requests shall
not be unreasonably denied.
APPENDIX A
APPENDIX B
APPENDIX C
Position Current Grade Current Step Proposed Grade Proposed Step
Department Assistnat, COA 4 Step 6 1 Step 5
Department Assistant, DPW 4 Step 3 1 Step 2
Department Assistant, Water 4 Step 7 1 Step 6
Department Assistant, Building 4 Step 3 1 Step 2
Department Assistant, Treasurer/Collector 4 Step 5 1 Step 4
Senior Department Assistant, COA 5 Step 10 2 Step 9
Senior Department Assistant, Assessors 5 Step 3 2 Step 1
Senior Department Assistant, Building 5 Step 9 2 Step 7
Senior Department Assistant, Health 5 Step 10 2 Step 9
Senior Department Assistant, NR/Conservation 5 Vacant 2 Vacant
Senior Department Assistant, Planning 5 Step 10 2 Step 9
Payroll & Benefits Administrator (title change)5 Step 4 3 Step 1
Administrative Supervisor, DPW 6 Step 6 3 Step 5
Administrative Supervisor, Water 6 Step 9 3 Step 8
Assistant Town Clerk 6 Step 10 4 Step 8
Asstistant Town Accountant 6 over max 4 Step 8
Assistant Treasurer/Collector 6 Step 9 4 Step 6
Golf Foreman (1)7 Step 6 4 Step 5
Golf Foreman (2)7 Step 10 4 Step 10
Water Foreman 7 Step 10 4 Step 10
DPW Foreman 7 Step 10 4 Step 10
Treatment Plant Operator 7 Step 10 4 Step 10
Assistant Health Director*7 Step 10 4 Step 10
* Recieves 5% differential for RS certification
Current FY21/22 Scale Proposed FY22 Scale (with COLA)
APPENDIX D
$22.50 Starting Hourly Wage 2,080 Hours Per Year (40 hr week)
3 Percent between Steps 1,820 Hours Per Year (35 hr week)
%
Between
Grades Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
1 $22.50 $23.18 $23.88 $24.60 $25.34 $26.10 $26.88 $27.69 $28.52 $29.38 FY21
40 hr wk $46,800.00 $48,214.40 $49,670.40 $51,168.00 $52,707.20 $54,288.00 $55,910.40 $57,595.20 $59,321.60 $61,110.40 FY21
35 hr wk $40,950.00 $42,187.60 $43,461.60 $44,772.00 $46,118.80 $47,502.00 $48,921.60 $50,395.80 $51,906.40 $53,471.60 FY21
$0.45 $0.46 $0.48 $0.49 $0.51 $0.52 $0.54 $0.55 $0.57 $0.59
2%1 $22.95 $23.64 $24.36 $25.09 $25.85 $26.62 $27.42 $28.24 $29.09 $29.97 FY22
$0.63 $0.65 $0.67 $0.69 $0.71 $0.73 $0.75 $0.78 $0.80 $0.82
2.75%1 $23.58 $24.29 $25.03 $25.78 $26.56 $27.35 $28.17 $29.02 $29.89 $30.79 FY23
10 2 $24.75 $25.49 $26.25 $27.04 $27.85 $28.69 $29.55 $30.44 $31.35 $32.29 FY21
40 hr wk $51,480.00 $53,019.20 $54,600.00 $56,243.20 $57,928.00 $59,675.20 $61,464.00 $63,315.20 $65,208.00 $67,163.20 FY21
35 hr wk $45,045.00 $46,391.80 $47,775.00 $49,212.80 $50,687.00 $52,215.80 $53,781.00 $55,400.80 $57,057.00 $58,767.80 FY21
$0.50 $0.51 $0.53 $0.54 $0.56 $0.57 $0.59 $0.61 $0.63 $0.65
2%2 $25.25 $26.00 $26.78 $27.58 $28.41 $29.26 $30.14 $31.05 $31.98 $32.94 FY22
$0.69 $0.71 $0.74 $0.76 $0.78 $0.80 $0.83 $0.85 $0.88 $0.91
2.75%2 $25.94 $26.71 $26.52 $28.34 $29.19 $30.06 $30.97 $31.90 $32.86 $33.84 FY23
6 3 $26.24 $27.03 $27.84 $28.68 $29.54 $30.43 $31.34 $32.28 $33.25 $34.25 FY21
40 hr wk $54,579.20 $56,222.40 $57,907.20 $59,654.40 $61,443.20 $63,294.40 $65,187.20 $67,142.40 $69,160.00 $71,240.00 FY21
35 hr wk $47,756.80 $49,194.60 $50,668.80 $52,197.60 $53,762.80 $55,382.60 $57,038.80 $58,749.60 $60,515.00 $62,335.00 FY21
$0.52 $0.54 $0.56 $0.57 $0.59 $0.61 $0.63 $0.65 $0.67 $0.69
2%3 $26.76 $27.57 $28.40 $29.25 $30.13 $31.04 $31.97 $32.93 $33.92 $34.94 FY22
$0.74 $0.76 $0.78 $0.80 $0.83 $0.85 $0.88 $0.91 $0.93 $0.96
2.75%3 $27.50 $28.33 $29.18 $30.25 $30.96 $31.89 $32.85 $33.84 $34.85 $35.90 FY23
6 4 $27.81 $28.64 $29.50 $30.39 $31.30 $32.24 $33.21 $34.21 $35.24 $36.30 FY21
40 hr wk $57,844.80 $59,571.20 $61,360.00 $63,211.20 $65,104.00 $67,059.20 $69,076.80 $71,156.80 $73,299.20 $75,504.00 FY21
35 hr wk $50,614.20 $52,124.80 $53,690.00 $55,309.80 $56,966.00 $58,676.80 $60,442.20 $62,262.20 $64,136.80 $66,066.00 FY21
$0.56 $0.57 $0.59 $0.61 $0.63 $0.64 $0.66 $0.68 $0.70 $0.73
2%4 $28.37 $29.21 $30.09 $31.00 $31.93 $32.88 $33.87 $34.89 $35.94 $37.03 FY22
$0.78 $0.80 $0.83 $0.85 $0.88 $0.90 $0.93 $0.96 $0.99 $1.02
2.75%4 $29.15 $30.01 $30.92 $31.85 $32.81 $33.78 $34.80 $35.85 $36.93 $38.05 FY23
DRAFT October 8, 2021 Page 1 of 10
Chapter 272
Stormwater Management Bylaw
Purpose and Objectives
A.The purpose of this Bylaw is to protect, maintain, and enhance public health,
safety, environment, and general welfare of the Town by preventing or
diminishing adverse effects of construction-site and post-construction stormwater
runoff. Proper management of stormwater runoff will minimize damage to public
and private property and infrastructure, safeguard the health, safety, environment,
and general welfare of the public, protect water and aquatic resources, protect and
enhance wildlife habitat, and promote groundwater recharge to protect surface
and groundwater drinking supplies. This Bylaw seeks to meet that purpose
through the following objectives:
(1)Establish minimum stormwater management standards and design criteria
for the regulation and control of stormwater runoff quantity and quality;
(2)Encourage the use of nonstructural stormwater management, better site
design, and low impact development practices such as preserving natural
resources and open space, reducing impervious surface area, and
increasing infiltration;
(3)Establish provisions for the long-term responsibility for, and maintenance
of, structural stormwater control facilities and nonstructural stormwater
best management practices to ensure that they continue to function as
designed and pose no threat to public safety;
(4)Establish provisions to ensure there is an adequate funding mechanism,
including surety, for the proper review, inspection, and long-term
maintenance of stormwater facilities implemented as part of this Bylaw;
(5)Establish the Town of Brewster’s legal authority to ensure compliance
with the provisions of this bylaw through permitting, inspection,
monitoring, and enforcement; and
(6)Comply with state and federal statutes and regulations relating to
stormwater discharges including Total Maximum Daily Load
requirements and with the General Permit for Stormwater Discharges from
Small Municipal Separate Storm Sewer Systems in Massachusetts (MS4
Permit), issued by the U.S. Environmental Protection Agency and the
Massachusetts Department of Environmental Protection.
Definitions
The following definitions shall apply in the interpretation and implementation of this Bylaw.
Additional definitions may be adopted by separate regulation.
ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that
changes the water quality, force, direction, timing, or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined or discrete discharge; change
in the volume of runoff from the area; change in the peak rate of runoff from the area; and
DRAFT October 8, 2021 Page 2 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: Changing the level or shape of the ground surface.
GRUBBING: The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE: Any surface that prevents or significantly impedes the infiltration of
water into the underlying soil. This can include but is not limited to: roads, driveways, parking
areas and other areas created using nonporous material; buildings, rooftops, structures, solar
panels, artificial turf, and compacted gravel or soil.
INFILTRATION: The act of conveying surface water into the ground to permit groundwater
recharge and the reduction of stormwater runoff from a project site.
LAND DISTURBANCE ACTIVITY: Any activity that causes a change in the position or
location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of
runoff or pollutants; measurably changes the ability of a ground surface to absorb waters;
involves clearing, grading, or excavating, including grubbing; or results in an alteration of
drainage characteristics.
LOW IMPACT DEVELOPMENT (LID): site planning and design strategies that use or mimic
natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to
protect water quality and associated aquatic habitat.
MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate
Storm Sewer Systems in Massachusetts.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying
stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm
DRAFT October 8, 2021 Page 3 of 10
drain, pumping facility, retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise the storm drainage system
owned or operated by the Town of Brewster.
NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not
previously been developed to include impervious surface.
OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and
organizational mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
OWNER: A person with a legal or equitable interest in property.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal government,
to the extent permitted by law, and any officer, employee, or agent of such person.
RECHARGE: The process by which groundwater is replenished by precipitation through the
percolation of runoff and surface water through the soil.
RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected,
filed with the recorder of the Land Court of Massachusetts.
REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land
alteration, or phased projects that disturb the ground surface, including impervious surfaces, on
previously developed sites.
RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its
origin to another location; the product of erosion processes.
SEDIMENTATION: The process or act of deposition of sediment.
SITE: The areal extent of construction and land disturbance activities, including but not limited
to the creation of new impervious surface and improvement of existing impervious surface.
STORMWATER AUTHORITY: The Town of Brewster Planning Board or its authorized
agent(s), acting pursuant to this Bylaw to administer, implement, and enforce this Bylaw and to
adopt regulations pursuant to it.
STORMWATER PERMIT: A permit issued by the Stormwater Authority, after review of an
application, plans, calculations, and other supporting documents, in accordance with the
provisions of this Bylaw.
TOTAL MAXIMUM DAILY LOAD (TMDL):A regulatory plan (authorized by the Clean
Water Act) that identifies the amount of a pollutant that a waterbody can assimilate without
exceeding its water quality standard for that pollutant.
WATERCOURSE: A natural or man-made channel through which water flows or a stream of
water, including a river, brook, or underground stream.
WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the
Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, coastal waters, groundwater, and Waters of the United States
as defined under the Federal Clean Water Act as hereafter amended.
DRAFT October 8, 2021 Page 4 of 10
Authority
This Bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution and the Massachusetts home rule statutes, and pursuant to the
regulations of the federal Clean Water Act found at 40 CFR 122.34.
Administration
A.The Stormwater Authority shall administer, implement, and enforce this Bylaw.
Any powers granted to or duties imposed upon the Stormwater Authority may be
delegated in writing by the Stormwater Authority to its employees or agents.
B.The Brewster Planning Board shall be the Stormwater Authority. For projects that
fall within the jurisdiction of the Brewster Wetlands Protection Bylaw (Brewster
General Bylaw Chapter 172), the 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 disturbance activity that will disturb 10,000 square feet or more, or
smaller land disturbance activities that are part of a larger common plan of
alteration or development that will disturb 10,000 square feet or more;
B.Any new development or redevelopment that will result in a net increase in
impervious surface area by 500 square feet or more, or smaller activities that are
part of a larger common plan of alteration or development that will result in a net
increase in impervious surface area by 500 square feet or more; or
C.Any land disturbance activity, new development, or redevelopment that, over a
two-year period, will result in a cumulative land disturbance of more than 10,000
square feet and/or a cumulative net increase in impervious surface area of more
than 500 square feet to land that is part of a larger parcel held in common
ownership or control at any time since said date. For the purposes of this Section,
ownership by related or jointly controlled persons or entities shall be considered
common ownership. In such cases, the new activity is prohibited until either:
(1)All activities that previously disturbed land and/or increased impervious
surface area as described in this Section are brought into full compliance
with the requirements and standards of this Bylaw, or
(2)The application for permit under this Bylaw for the new activity includes
DRAFT October 8, 2021 Page 5 of 10
bringing the land previously disturbed and/or the impervious surface area
previously increased into full compliance with the requirements and
standards of this Bylaw. If the involved land is not currently held in
common ownership, all owners of the involved land must jointly apply for
the permit.
D.A development or alteration of land shall not be segmented or phased in a manner
to avoid compliance with this Bylaw.
Exemptions
The following activities are exempt from the requirements of this Bylaw, provided that such
activities utilize the best practical measures to avoid any negative impacts on stormwater quality,
runoff rate, and volume.
A.Any work or projects for which all necessary approvals and permits, including
building permits, have been issued before the effective date of this Bylaw.
B.Maintenance and improvement of land in agricultural or aquacultural use, as
defined by the Massachusetts Wetlands Protection Act regulation 310 CMR
10.04.
C.Maintenance of existing landscaping, gardens, or lawn areas associated with a
residential dwelling conducted in such a way as to not cause a nuisance.
D.Construction of fencing that will not substantially alter existing terrain or drainage
patterns.
E.Construction of utilities other than drainage (gas, water, electric, telephone, etc.)
that will not alter terrain, ground cover, or drainage patterns or result in discharge
of sediment or other pollutants to the MS4 or to a Watercourse or Waters of the
Commonwealth.
F.Emergency repairs to existing utilities (gas, water, electric, telephone, drainage,
etc.) or emergency repairs to any stormwater management facility that poses a
threat to public health or safety, as determined by the Stormwater Authority.
G.Maintenance or resurfacing (not including reconstruction) of an existing public or
private way, parking area, or driveway, provided that such activity does not
increase impervious surface area and that resurfacing does not disturb the
pavement subbase.
Stormwater Management Regulations
A.The Stormwater Authority shall promulgate and periodically amend Stormwater
Management Regulations relating to the terms, conditions, definitions,
enforcement, fees (including application, inspection, and/or consultant fees),
delegation of authority, procedures, and administration of this Bylaw. Failure of
the Stormwater Authority to issue such regulations, or a legal declaration of their
invalidity by a court, shall not act to suspend or invalidate the effect of this
Bylaw.
B.The Stormwater Authority may establish a Minor Stormwater Permit for specific
activities.
DRAFT October 8, 2021 Page 6 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 and its regulations, the Stormwater
Authority shall presume that stormwater management practices designed,
constructed, and maintained in accordance with the Massachusetts Stormwater
Management Handbook meet the performance standards of this Bylaw. For
requirements that are inconsistent between the Massachusetts Stormwater
Management Handbook and the MS4 Permit, the Stormwater Authority will
enforce the more stringent of the requirements.
Procedures
A.A Stormwater Permit must be obtained prior to the commencement of any
construction or land disturbance activity for which such a permit is required. An
Applicant seeking a permit shall file an appropriate application with the
Stormwater Authority in a form and containing information as specified in this
Bylaw and in regulations adopted by the Stormwater Authority.
B.Each application must be accompanied by the appropriate application fee as
established by the Stormwater Authority. Applicants shall pay the application fee
before the review process commences. The Stormwater Authority, or its
DRAFT October 8, 2021 Page 7 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.
Consent to Entry onto Property
By signing the permit application, the Applicant consents to the entry of members of the
Stormwater Authority or its authorized agents on the property while the application is under
review to verify the information in the application, and at any time after a Stormwater Permit is
issued to inspect for compliance with Stormwater Permit conditions.
Inspection and Site Supervision
The Stormwater Authority or its designated agent shall make inspections to verify and document
compliance with the Stormwater Permit.
Surety
The Stormwater Authority may require the applicant to post before the start of land disturbance
or construction activity. 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 8 of 10
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 M.G.L. c.
44, §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.
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 meeting 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 meeting to a date announced at the meeting. In the
event the Applicant objects to a continuance or postponement, or fails to provide
requested information, the waiver request shall be denied.
Enforcement
The Stormwater Authority or its authorized agent shall enforce this Bylaw, and any associated
regulations, orders, violation notices, and enforcement orders and may pursue all civil and
criminal remedies for such violations.
A.Criminal and Civil Relief.
(1)Any person who violates the provisions of this Bylaw, or any associated
DRAFT October 8, 2021 Page 9 of 10
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 and
sediment control measures;
(c)Monitoring, analyses, and reporting;
(d)Remediation of erosion and sedimentation resulting directly or
indirectly from the land-disturbing activity;
(e)Construction, reconstruction, repair, or maintenance of stormwater
BMPs or any other aspect of the post-construction stormwater
management system;
(f)Remediation of adverse impacts resulting from improper
construction or operation of the post-construction stormwater
management system; and/or
(g)A requirement to eliminate discharges, directly or indirectly, into
the MS4, a watercourse, or into the Waters of the Commonwealth.
(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
forth a deadline by which such abatement or remediation must be
DRAFT October 8, 2021 Page 10 of 10
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 31st day after the costs first become due.
C.Noncriminal disposition. As an alternative to criminal prosecution or civil action,
the Town may elect to utilize the noncriminal disposition procedure set forth in
M.G.L. c. 40, §21D, in which case designated agents of the Stormwater Authority
shall be the enforcing persons. The penalty for the first violation shall be a
warning. The penalty for the second violation shall be $100. The penalty for the
third and subsequent violations shall be $300. Each day or part thereof that such
violation occurs or continues shall constitute a separate offense.
D.Entry to perform duties under this Bylaw. To the extent permitted by local, state
or federal law, or if authorized by the owner or other party in control of the
property, the Stormwater Authority, its agents, officers, and employees may enter
upon privately owned property for the purpose of performing their duties under
this Bylaw and regulations and may make or cause to be made such examinations,
surveys or sampling as the Stormwater Authority deems reasonably necessary.
E.Appeals. The decisions or orders of the Stormwater Authority shall be final.
Further relief shall be appealed to a court of competent jurisdiction.
F.Remedies not exclusive. The remedies listed in this section are not exclusive of
any other remedies available under any applicable federal, state, or local law.
Severability
The provisions of this Bylaw are hereby declared to be severable. If any provision, paragraph,
sentence, or clause of this Bylaw or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this Bylaw.
Town of Brewster Stormwater Management Regulations
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Town of Brewster
Stormwater Management Regulations
Table of Contents
Section 1. Purpose ........................................................................................................................ 2
Section 2. Definitions ................................................................................................................... 2
Section 3. Authority ..................................................................................................................... 2
Section 4. Applicability ................................................................................................................ 2
Section 5. Administration ............................................................................................................. 3
Section 6. Performance Standards ................................................................................................ 8
Section 7. Construction Inspections ........................................................................................... 13
Section 8. Long-Term Operation and Maintenance ................................................................... 14
Section 9. Surety ......................................................................................................................... 15
Section 10. Severability ................................................................................................................ 16
Appendix A. Definitions ........................................................................................................... 17
Appendix B. Stormwater Management Plan Checklists........................................................... 21
Appendix C. Fee Schedule ....................................................................................................... 29
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Section 1. Purpose
The purpose of these Regulations is to protect, maintain, and enhance public health, safety,
environment, and general welfare by establishing minimum requirements and procedures to
mitigate the adverse effects of stormwater runoff, decreased groundwater recharge, erosion and
sedimentation, and nonpoint source pollution, as more specifically addressed in the Town of
Brewster Stormwater Management Bylaw (Chapter 272).
Section 2. Definitions
2.1. The definitions contained herein apply to the Brewster Stormwater Management Bylaw
and the Regulations adopted thereunder. Terms not defined in this section shall be
construed according to their customary and usual meaning unless the context indicates a
special or technical meaning.
2.2. Definitions are provided in Appendix A of these Regulations.
Section 3. Authority
3.1. The regulations contained herein have been adopted by the Stormwater Authority in
accordance with § 272-7 of the Stormwater Management Bylaw.
3.2. Pursuant to § 272-4 of the Stormwater Management Bylaw, the Brewster Planning Board
is the Stormwater Authority. For projects that fall within the jurisdiction of the Brewster
Wetlands Protection Bylaw (Chapter 172), the Planning Board shall delegate authority to
the Conservation Commission to administer, implement, and enforce these regulations.
3.3. The Stormwater Authority may periodically amend these regulations pursuant to § 272-7
of the Stormwater Management Bylaw.
3.4. Nothing in these Regulations is intended to replace or be in derogation of the
requirements of any other Brewster bylaw. These Regulations should be considered
minimum requirements, and where any provision of these Regulations impose restrictions
different from those imposed by any other bylaw, rule or regulation, or other provision of
law, whichever provisions are more restrictive or impose higher protective standards for
human health or the environment shall be considered to take precedence.
Section 4. Applicability
All activities subject to the Stormwater Management Bylaw (as set forth in § 272-5 of the
Stormwater Management Bylaw) shall obtain a Stormwater Permit before commencing
construction or land-disturbance activities.
The following criteria shall apply for determining eligibility for Minor Stormwater Permit and
Major Stormwater Permit categories:
4.1. Minor Stormwater Permit
A. Any combination or series of construction or land disturbance activities that, over a
two-year period, will result in a net increase in impervious area of 500 square feet to
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2,000 square feet and/or will result in land disturbances of 10,000 square feet to
20,000 square feet.
4.2. Major Stormwater Permit
A. Any alteration, disturbance, development, or redevelopment that does not meet the
eligibility criteria for Minor Stormwater Permit.
Section 5. Administration
5.1. Stormwater Permit applications shall be administered as follows:
A. Minor Stormwater Permit applications shall be reviewed and acted upon the
Designated Agent of the Stormwater Authority. The Town Planner, Conservation
Administrator, or Building Commissioner shall be the Designated Agent, depending
on the other reviews and approvals to which the project is subject. Review by the
Stormwater Authority is not required for Minor Stormwater Permits.
B. Major Stormwater Permit applications shall be reviewed and acted upon by the
Stormwater Authority.
5.2. Application Procedures
A. The Applicant shall submit to the Stormwater Authority or Designated Agent a
completed application for a Stormwater Permit. The Stormwater Permit Application
package shall include:
(1) A completed Application Form with original signatures of all property owners;
(2) One digital copy and two (2) printed copies of the Stormwater Management
Plan, prepared in accordance with the Stormwater Management Plan Checklist
in Appendix B of these Regulations; and
(3) Payment of the Application Fee.
B. The Stormwater Authority or Designated Agent shall make a determination as to the
completeness of the application and adequacy of the materials submitted. No review
shall take place until the application is determined complete.
5.3. Fees
A. Each application shall be accompanied by the appropriate Application Fee, as detailed
in Appendix C of these Regulations.
B. The Stormwater Authority or Designated Agent may, at the Applicant’s expense,
retain a registered Professional Engineer (PE) or other professional consultant to
advise the Stormwater Authority on any or all aspects of the Application.
(1) Purpose. As provided by M.G.L. Ch. 44 §53G and the Stormwater
Management Bylaw, the Stormwater Authority may impose reasonable fees for
the employment of outside consultants, engaged by the Stormwater Authority,
for specific expert services to assist the Stormwater Authority in its review of
applications for Stormwater Permits and oversight of permit compliance.
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(2) Special Account. Funds received pursuant to these Regulations shall be
deposited with the municipal treasurer, who shall establish a special account
for this purpose. Expenditures from this special account may be made at the
direction of the Stormwater Authority without further appropriation as
provided in M.G.L. Ch. 44 §53G. Expenditures from this account shall be
made only in connection with a specific project or projects for which a
consultant fee has been collected from the applicant. Expenditures of accrued
interest may also be made for these purposes.
(3) Consultant Services. Specific consultant services may include, but are not
limited to, technical or legal review of the permit application and associated
information, on-site monitoring during construction, or other services related to
the project deemed necessary by the Stormwater Authority. The consultant
shall be chosen by, and report only to, the Stormwater Authority or its staff.
(4) Notice. The Stormwater Authority shall give written notice to the Applicant of
the selection of an outside consultant. Such notice shall state the identity of the
consultant, the amount of the fee to be charged to the applicant, and a request
for payment of said fee in its entirety. Such notice shall be deemed to have
been given on the date it is mailed or delivered. No such costs or expenses
shall be incurred by the Applicant if the application or request is withdrawn
within five days of the date notice is given.
(5) Payment of Fee. The fee must be received prior to the initiation of consulting
services. The Stormwater Authority may request additional consultant fees if
the review requires a larger expenditure than originally anticipated or new
information requires additional consultant services. Failure by the Applicant to
pay the consultant fee specified by the Stormwater Authority within ten (10)
business days of the request for payment, or refusal of payment, shall be cause
for the Stormwater Authority to deny the application based on lack of
sufficient information to evaluate whether the project meets applicable
performance standards. An appeal stops the clock on the above deadline; the
countdown resumes on the first business day after the appeal is either denied or
upheld.
(6) Appeals. The Applicant may appeal the selection of the outside consultant to
the Select Board, who may only disqualify the outside consultant selected on
the grounds that the consultant has a conflict of interest or does not possess the
minimum required qualifications. The minimum qualifications shall consist of
either an educational degree or three or more years of practice in the field at
issue or a related field. Such an appeal must be in writing and received by the
Select Board and a copy received by the Stormwater Authority, so as to be
received within ten (10) days of the date consultant fees were requested by the
Stormwater Authority. The required time limits for action upon the application
shall be extended by the duration of the administrative appeal.
(7) Return of Unspent Fees. When the Stormwater Authority’s review of a permit
application and oversight of the permitted project is complete, any balance in
the special account attributable to that project shall be returned within 30 days.
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The excess amount, including interest, shall be repaid to the Applicant or the
Applicant's successor in interest. For the purpose of this regulation, any person
or entity claiming to be an Applicant's successor in interest shall provide the
Stormwater Authority with appropriate documentation. A final report of said
account shall be made available to the Applicant or Applicant's successor in
interest.
5.4. Right of Entry
Filing an application for a permit grants the Stormwater Authority or its agent permission
to enter the property to verify the information in the application and to inspect for
compliance with permit conditions. During the application process, the Stormwater
Authority, its employees and agents (including consultants) may conduct site visits of the
project site to review information presented in the application.
5.5. The Water Quality Review Committee will provide comments on Major Stormwater
Permit applications for those projects that require a Special Permit under the Water
Quality Protection District (Chapter 179, Article XI).
5.6. Public Hearings
A. A public hearing is not required for Minor Stormwater Permit applications.
B. For Major Stormwater Permit applications, the Stormwater Authority shall hold a
public hearing in accordance with the Stormwater Authority’s (Planning Board or
Conservation Commission) own regulations and procedures. For projects or activities
that require issuance of a Stormwater Permit in addition to other approvals or permits,
the Stormwater Authority shall hold one public hearing on all jurisdictional project
aspects in accordance with its own regulations and procedures.
C. Abutter notification and legal notice of the public hearing shall be in accordance with
public hearing requirements of the Stormwater Authority.
5.7. Action by the Stormwater Authority or Designated Agent
A. Minor Stormwater Permit
(1) The Designated Agent shall act upon a Minor Stormwater Permit Application
within thirty (30) business days of the date the Designated Agent determines
the application is complete.
(2) The Designated Agent may:
a. Approve the Minor Stormwater Permit Application and issue a permit if it
finds that the performance standards and requirements set forth herein
have been met;
b. Approve the Minor Stormwater Permit Application and issue a permit
with conditions, modifications, or restrictions that the Designated Agent
determines are required to ensure that the performance standards and
requirements set forth herein are met;
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c. Disapprove the Minor Stormwater Permit Application and deny the permit
if it finds that the performance standards and requirements set forth herein
have not been met; or
d. Disapprove the Minor Stormwater Permit Application “without prejudice”
where an applicant fails to provide requested additional information or
review fees that in the Designated Agent’s opinion are needed to
adequately describe or review the proposed project.
(3) Final approval, if granted, shall be endorsed on the Stormwater Permit by the
signature of the Designated Agent.
(4) Appeal of Disapproved Applications
a. The Applicant may appeal a permit denial by the Designated Agent by
requesting the Stormwater Authority review the application. Such review
shall take place with a public hearing as described in Section 5.5 and shall
be subject to any review fees or additional submittal requirements as
specified in these Regulations.
B. Major Stormwater Permit
(1) The Stormwater Authority shall take final action within 30 calendar days from
the close of a public hearing as described in Section 5.5, unless such time is
extended by agreement between the Applicant and Stormwater Authority.
(2) The Stormwater Authority may:
a. Approve the Major Stormwater Permit Application and issue a permit if it
finds that the performance standards and requirements set forth herein
have been met;
b. Approve the Major Stormwater Permit Application and issue a permit with
conditions, modifications, or restrictions that the Stormwater Authority
determines are required to ensure that the performance standards and
requirements set forth herein are met;
c. Disapprove the Major Stormwater Permit Application and deny the permit
if it finds that the performance standards and requirements set forth herein
have not been met; or
d. Disapprove the Major Stormwater Permit Application “without prejudice”
where an applicant fails to provide requested additional information or
review fees that in the Stormwater Authority’s opinion are needed to
adequately describe or review the proposed project.
(3) Final approval, if granted, shall be endorsed on the Stormwater Permit by the
signature of the majority of the Stormwater Authority.
5.8. Project Delay
If the project associated with an approved Stormwater Permit has not been completed
within three (3) years of permit issuance, the Permit shall expire. At the request of the
Applicant, the Stormwater Authority or Designated Agent may extend the Permit or
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require the Applicant to apply for a new permit. Any request for extension shall be
submitted in writing no later than 30 days prior to the expiration of the Stormwater
Permit. The Stormwater Authority or Designated Agent may require updates to the
project to comply with current regulations and standards as a condition of the permit
extension.
5.9. Project Changes
The Permittee, or their agent, shall notify the Stormwater Authority or Designated Agent
in writing of any change of a land-disturbing activity authorized in a Stormwater Permit
before any change occurs. If the Stormwater Authority or Designated Agent determines
that the change is significant, based on the performance standards in Section 6 and
accepted construction practices, the Stormwater Authority or Designated Agent may
require that an amended Stormwater Permit application be filed and a public hearing
held. If any change from the Stormwater Permit occurs during land disturbing activities,
the Stormwater Authority or Designated Agent may require the installation of interim
erosion and sedimentation control measures before approving the change.
5.10. Stormwater Management Certificate of Compliance (SMCC)
A. No SMCC is required for work approved under a Minor Stormwater Permit.
B. Within two (2) years after completion of construction or land disturbance activities
permitted under a Major Stormwater Permit, the Permittee shall submit in writing a
request for a SMCC. The Permittee must complete the following actions before the
Stormwater Authority will consider the request for SMCC:
(1) Within six (6) months after completion of construction and land disturbance
activities, the Permittee shall submit certified as-built plans from a registered
Professional Engineer (PE), surveyor, or Certified Professional in Erosion and
Sediment Control (CPESC). The as-built plans must depict all structural and
non-structural stormwater management systems, including subsurface
components, and impervious and pervious surface areas on site. Any
discrepancies from the approved Stormwater Management Plan should be
noted in the cover letter.
(2) The Permittee shall record the approved Operation and Maintenance Plan,
including the as-built plans, with the Barnstable County Registry of Deeds.
(3) The Permittee shall complete and document the first year of stormwater BMP
operation and maintenance, in accordance with the approved Operation and
Maintenance Plan and Stormwater Permit conditions.
C. Upon written request by the Permittee, the Stormwater Authority shall assess whether
the work has been completed in substantial conformance with the approved
Stormwater Management Plan and any conditions of the Stormwater Permit. Upon
determination that permit conditions have been met, the Stormwater Authority shall
issue a SMCC.
D. It is the responsibility of the Permittee to request, in writing, the issuance of a SMCC.
A Permittee who fails to request a SMCC within two (2) years after completion of
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construction and land disturbance activities may be found in noncompliance with the
Stormwater Management Bylaw and face applicable enforcement actions.
E. After issuance of the SMCC, the Stormwater Authority may periodically review
ongoing compliance with Stormwater Permit conditions, including long-term
operation and maintenance. If it finds that permit conditions have not been met, the
Stormwater Authority may revoke the SMCC and take action in accordance with §
272-14 of the Stormwater Management Bylaw. For projects that have been issued a
Water Quality Certificate under the Water Quality Protection District (Chapter 179,
Article XI), the Water Quality Review Committee will conduct a compliance review
every three years and will work with the Stormwater Authority to ensure ongoing
compliance with Stormwater Permit conditions.
5.11. Waivers
A. The Stormwater Authority or Designated Agent may waive strict compliance with any
requirement of these Regulations, if it finds that:
(1) Application of some of the requirements is unnecessary or impracticable
because of the size or character of the development activity or because of the
natural conditions at the site;
(2) The project is consistent with the purposes and intent of the Stormwater
Management Bylaw; and
(3) The project provides substantially the same level of protection to the public
health, safety, environment, and general welfare of the Town as required by the
Stormwater Management Bylaw.
B. Any Applicant seeking a waiver shall submit a written waiver request. Such a request
shall be accompanied by an explanation or documentation supporting the waiver
request.
C. Waiver requests for Minor Stormwater Permits may be approved by the Designated
Agent rather than by a majority of Stormwater Authority members.
D. Waiver requests for Major Stormwater Permits shall be discussed and voted on at a
public hearing for the project. If, in the opinion of the Stormwater Authority,
additional time or information is required for review of a waiver request, the
Stormwater Authority may continue a hearing to a date announced at the meeting. In
the event the Applicant objects to a continuance or postponement, or fails to provide
requested information, the waiver request shall be denied.
Section 6. Performance Standards
6.1. Construction-Site Stormwater Management
A. Projects eligible for Minor Stormwater Permits shall meet the construction-site
stormwater management performance standards detailed in Section 6.1.B to the
maximum extent practicable.
B. For Major Stormwater Permits, projects shall implement practices to control
construction-related erosion, sedimentation, and wastes in accordance with the most
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recent versions of the Massachusetts Stormwater Handbook and the Massachusetts
Erosion and Sedimentation Control Guidelines for Urban and Suburban Areas, or
more stringent standards as specified in these Regulations. The following performance
standards shall be met.
(1) Natural Resource Protection: Before commencing land disturbance activities,
the limits of permitted disturbance areas shall be marked with high-visibility
flagging, fencing, and/or signage. Areas designated for revegetation and/or
infiltration-based stormwater practices shall be marked with flagging, fencing,
and/or signage to restrict use of heavy vehicles and equipment in these areas to
avoid soil compaction. Tree protection shall be installed around the dripline for
all trees to be preserved. Buffers and other restricted areas shall be maintained
as required in a wetlands protection authorization from the Brewster
Conservation Commission or MassDEP.
(2) Area of Disturbance: Clearing and grading shall only be performed within
areas needed to build the project, including structures, utilities, roads,
recreational amenities, post-construction stormwater management facilities,
and related infrastructure. Construction activities shall be phased to minimize
the area of disturbed soil at any one time.
(3) Soil Stabilization: The time that soil is exposed shall be minimized by
stabilizing dormant areas as work progresses. Exposed areas shall be
vegetated, hydromulched, protected with erosion control blankets, or otherwise
stabilized within 14 days after land disturbance activities have permanently
ceased or will be temporarily inactive for 14 or more days. Vegetative cover
shall be prepared in the fall to ensure that exposed areas have cover before the
first freeze.
(4) Stockpiles: Materials shall not be stored or stockpiled near a storm drain or a
wetland resource area. Stockpiled materials that will be unused for 14 or more
days shall be covered with roof, tarp, or temporary seeding (of soil stockpiles).
Perimeter controls shall be installed around stockpile and staging areas.
(5) Perimeter Controls: Perimeter sediment controls, such as silt fencing and filter
tubes, shall be installed around downgradient boundaries, along all resource
areas, and around stockpile and staging areas. Compost socks and straw bale
shall be free of invasive species. Perimeter controls shall not be removed until
the drainage areas have been permanently stabilized.
(6) Stabilized Construction Entrance: Track-out controls (e.g., gravel apron) shall
be installed at each construction entrance to remove sediment from vehicles
and prevent tracking onto public roads. Where sediment has been tracked-out
from the site, paved roads, sidewalks, or other paved areas shall be swept or
vacuumed at the end of the workday. Sediment shall not be swept or hosed into
any stormwater conveyance, storm drain inlet, or waterbody.
(7) Inlet Protection: Filter bags, filter tubes, or other inlet protection controls shall
be installed to prevent sediment from entering downgradient storm drains. Inlet
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controls shall not be removed until the drainage areas have been permanently
stabilized.
(8) Runoff Diversion: Runoff shall be intercepted and diverted away from
disturbed areas with berms, swales, or pipes toward stabilized outlets.
Conveyances shall be stabilized with vegetation, erosion control blankets,
check dams, or similar practices to slow velocities and prevent erosion.
(9) Sediment Removal: Sediment traps and basins shall be used to remove
suspended solids from runoff before it discharges from the site. Traps and
basins shall be designed to use baffles, multiple cells, and other practices to
maximize the flow path and settling time. Sediment controls shall not be
removed until the drainage areas have been permanently stabilized.
(10) Dewatering: Dewatering activities shall use tanks, filter bags, or other practices
to remove sediment before discharge. Water shall not be discharged in a
manner that causes erosion or flooding of the site or receiving waters.
(11) Outlet Protection: Pipe outlets shall have stone aprons, level spreaders, or other
energy dissipation practices installed to prevent erosion.
(12) Construction Waste Management: Trash, debris, and sanitary wastes shall be
removed from the site on a regular basis. Dumpsters shall be covered at the end
of every workday and before rain events. Concrete mixers shall be washed out
only in designated areas with liners. Demolition debris, discarded building
materials, concrete truck wash out, chemicals, litter, and sanitary wastes shall
not be discharged to the MS4 and shall be legally disposed of.
(13) Post-Construction BMPs: Stormwater management facilities to be used after
construction shall not be used as BMPs during construction unless otherwise
approved by the Stormwater Authority. Many technologies are not designed to
handle the high concentrations of sediments typically found in construction
runoff, and thus must be protected from construction-related sediment
loadings.
(14) Dust Control: Dust control shall be used during grading operations. Dust
control methods may consist of grading fine soils on calm days only or
dampening the ground with water.
(15) Inspection and Maintenance: Erosion and sediment controls shall be inspected
as needed and at a minimum before and after rain events. Accumulated
sediments shall be removed, and erosion and sediment controls shall be
repaired or replaced as needed to ensure they perform as intended.
6.2. Post-Construction Stormwater Management
A. Minor Stormwater Permits
(1) Projects eligible for Minor Stormwater Permits shall evaluate and, unless
infeasible, implement Low Impact Development (LID) planning and design
strategies. LID practices may include, but not be limited to, protection and
restoration of natural resources, minimizing impervious surfaces, grading to
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direct runoff onto pervious surfaces, and soil decompaction and amendments to
improve infiltration capacity. Further guidance on LID practices may be found
in the Massachusetts Stormwater Handbook.
(2) Projects shall implement at least one stormwater BMP to mitigate the impacts
from stormwater runoff and pollutants generated from impervious surfaces on
the property. The Applicant may select a BMP type including but not limited
to:
i. Rain barrel for roof runoff
ii. Rain garden
iii. Pervious pavement
iv. Dry well
v. Infiltration trench
vi. Swale with check dams
(3) Stormwater BMPs shall be designed in accordance with the Massachusetts
Stormwater Handbook and shall have a storage volume equivalent to 1 inch
multiplied by the net increase in impervious surface area or by 500 square feet
of impervious surface area, whichever is greater.
B. Major Stormwater Permits
(1) At a minimum, Major Stormwater Permit projects shall comply with the
Massachusetts Stormwater Standards and the MS4 Permit. Design of
stormwater management systems shall be consistent with the requirements of
the Massachusetts Stormwater Handbook, or more stringent standards as
specified in these Regulations.
(2) Applicants shall evaluate and, unless infeasible, implement LID planning and
design strategies. LID practices shall include, but not be limited to, protection
and restoration of natural resources, minimizing impervious surfaces, grading
to direct runoff onto pervious surfaces, and soil decompaction and amendments
to improve infiltration capacity. Further guidance on LID practices may be
found in the Massachusetts Stormwater Handbook. If the Applicant finds that
LID practices are infeasible, the Applicant shall demonstrate which LID
practices were evaluated and reasons why those practices were deemed
infeasible.
(3) Selection and design of stormwater BMPs shall be optimized for the removal
of phosphorus and nitrogen. Infiltration BMPs, bioretention, and constructed
stormwater wetlands are recommended for reducing the concentration of
nutrients in stormwater discharges. Additional guidance on BMP performance
for phosphorus and nitrogen removal may be found in the MS4 Permit
Appendix F Attachment 3.
(4) Drainage analyses and design calculations shall use precipitation depths based
on 90% of the NOAA Atlas 14 upper confidence interval, also known as
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“NOAA Plus”. The following table lists the precipitation depths by design
storm for Brewster.
Design Storm Precipitation Depth (inches)
2-year, 24-hour 3.6
10-year, 24-hour 5.3
25-year, 24-hour 6.5
100-year, 24-hour 8.5
(5) BMPs located on commercial or industrial land use areas shall be designed to
allow for shutdown and containment to isolate the drainage system in the event
of an emergency spill or other unexpected event.
(6) New Development
a. Stormwater management systems for new development shall be designed
to remove, at a minimum, 90% of the average annual load of Total
Suspended Solids (TSS) and 60% of the average annual load of Total
Phosphorus (TP) generated from the total post-construction impervious
surface area on the site. Average annual pollutant removal requirements
may be achieved through one of the following methods:
i. Installing stormwater BMPs that provide the required pollutant removal
based on calculations developed using EPA Region 1’s BMP
Accounting and Tracking Tool (2016), the MS4 Permit Appendix F
Attachment 3 methodology, or other BMP performance evaluation tool
provided by the Stormwater Authority; or
ii. Retaining the volume of runoff equivalent to, or greater than, 1.0 inch
multiplied by the total post-construction impervious surface area on the
site; or
iii. Providing a combination of retention and treatment that achieves the
above standards.
(7) Redevelopment
a. Stormwater management systems for redevelopment shall be designed to
remove, at a minimum, 80% of the average annual load of TSS and 50%
of the average annual load of TP generated from the total post-
construction impervious surface area on the site. Average annual pollutant
removal requirements may be achieved through one of the following
methods:
i. Installing stormwater BMPs that provide the required pollutant removal
based on calculations developed using EPA Region 1’s BMP
Accounting and Tracking Tool (2016), the MS4 Permit Appendix F
Attachment 3 methodology, or other BMP performance evaluation tool
provided by the Stormwater Authority; or
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ii. Retaining the volume of runoff equivalent to, or greater than, 0.8 inch
multiplied by the total post-construction impervious surface area on the
site; or
iii. Providing a combination of retention and treatment that achieves the
above standards.
Section 7. Construction Inspections
7.1. For Minor Stormwater Permit projects, inspection requirements will be determined by the
Designated Agent based on the proposed project’s scale and complexity.
7.2. For Major Stormwater Permit projects, the following inspection requirements shall apply.
7.3. The Stormwater Authority may, at its discretion, require a pre-construction meeting prior
to the start of clearing, excavation, construction, or land disturbing activity by the
Applicant. The Permittee’s technical representative, general contractor, or other
authorized person(s) shall meet with the Stormwater Authority to review the permitted
plans and their implementation.
7.4. For projects subject to the NPDES Construction General Permit, construction may not
commence until the Permittee has submitted EPA’s approval of the Construction General
Permit Notice of Intent to the Stormwater Authority and posted the final Stormwater
Pollution Prevention Plan (SWPPP) at the site.
7.5. The approved Erosion and Sedimentation Control Plan bearing the signature of approval
of the Stormwater Authority shall be maintained at the site during the progress of the
work.
7.6. The Stormwater Authority or its designated agent may inspect the site at the following
stages, at a minimum:
A. Initial Site Inspection: An inspection may be made of erosion and sedimentation
controls and signage prior to any land disturbance to assess overall effectiveness and
functioning to protect resources.
B. Stormwater Management System Excavation Inspection: An inspection may be made
of the excavation for the stormwater management system to ensure adequate
separation of the stormwater system from groundwater and presence of approved soil
type.
C. Stormwater Management System Inspection: An inspection may be made of the
completed stormwater management system, prior to backfilling of any underground
drainage or stormwater conveyance structures.
D. Final Inspection: An inspection may be made of the completed stormwater
management system and final site stabilization to confirm as-built features and other
permit conditions.
7.7. Inspections will be conducted by a “qualified person” from the Stormwater Authority or a
third party hired to conduct such inspections. A “qualified person” is a person
knowledgeable in the principles and practice of erosion and sediment controls and
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pollution prevention, who possesses the appropriate skills and training to assess
conditions at the construction site that could impact stormwater quality, and the
appropriate skills and training to assess the effectiveness of any stormwater controls
selected and installed to meet the requirements of these Regulations.
7.8. The applicant shall notify the Stormwater Authority at least two (2) working days before
each of the following events:
A. Commencement of construction;
B. Erosion and sedimentation control measures are in place and stabilized;
C. Site clearing has been substantially completed;
D. Rough grading has been substantially completed;
E. Excavation for stormwater BMPs has been completed;
F. Subsurface components of stormwater BMPs have been installed, prior to backfilling;
G. Stormwater BMP surface features have been substantially completed;
H. Final grading has been substantially completed;
I. Close of the construction season; and,
J. Final landscaping (permanent stabilization) and project final completion.
7.9. Permittee Inspections. The Permittee, or their agent, shall conduct and document
inspections of all erosion and sediment control measures no less than weekly or as
specified in the permit, and prior to and following anticipated storm events. The purpose
of such inspections will be to determine the overall effectiveness of the Erosion and
Sedimentation Control Plan, and the need for maintenance or additional control measures
as well as verifying compliance with the Stormwater Management Plan. The Permittee,
or their agent, shall submit monthly reports to the Stormwater Authority or designated
agent in a format approved by the Stormwater Authority.
Section 8. Long-Term Operation and Maintenance
8.1. The Permittee shall ensure that all components of the proposed Stormwater Management
Plan are functioning according to manufacturer or design specifications for the life of the
system. All components shall be maintained in good condition and promptly repaired, in
accordance with the approved Operation and Maintenance plan. This shall constitute a
perpetual condition of any Stormwater Permit issued under these Regulations.
8.2. To ensure adequate long-term operation and maintenance of stormwater management
practices, the Stormwater Authority or Designated Agent may require Permittees to
implement one or more of the following procedures, depending on the scale and
complexity of the project:
A. Submit an annual certification documenting the work that has been done over the last
12 months to properly operate and maintain the stormwater control measures. The
certification shall be signed by the person(s) or authorized agent of the person(s)
named in the permit as being responsible for ongoing operation and management.
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B. File an annual Operation and Maintenance Report with the Stormwater Authority.
C. Establish a dedicated fund or escrow account in the form of a Bond, Insurance Policy,
or similar instrumentality, to be maintained for a number of years and for an amount
specified by the Stormwater Authority. Such fund or account may be used by the
applicant to perform its operation and maintenance responsibilities or, if the
Stormwater Authority finds that the applicant has failed to comply with the Permit, by
the Stormwater Authority to perform or cause to be performed the required operation
and maintenance tasks.
D. Pay to the Town an amount specified by the Stormwater Authority in compensation
for its acceptance of ownership of privately constructed BMPs.
E. Establish a maintenance contract between with the Stormwater Authority whereby the
Stormwater Authority will perform or cause to be performed the required operation
and maintenance tasks.
8.3. Recording
The Operation and Maintenance Plan shall be recorded with the Barnstable County
Registry of Deeds prior to issuance of a Stormwater Management Certificate of
Compliance by the Stormwater Authority pursuant to Section 5.10 of these Regulations.
8.4. Record Keeping
A. The Permittee shall keep records of all inspections, maintenance, and repairs and shall
retain the records for at least five (5) years. These records shall be made available to
the Stormwater Authority or Designated Agent during inspection of the stormwater
management structure or system and at other reasonable times upon request.
B. The Stormwater Authority or Designated Agent may request written records
documenting maintenance of the system, including receipts of inspection or cleaning
services, and/or may physically inspect the systems to ensure that the proper
maintenance has been carried out. Failure of the Permittee to maintain the stormwater
management system in reasonable order and condition, in conformance with the
approved Operation and Maintenance Plan, shall be considered a violation of these
Regulations and shall be subject to enforcement action in accordance with § 272-14 of
the Stormwater Management Bylaw.
8.5. Changes to Ownership and/or Operation and Maintenance Plans
A. The Permittee shall notify the Stormwater Authority or Designated Agent of changes
in ownership or assignment of financial responsibility for O&M of the stormwater
management system or any changes to the Operation and Maintenance Plan within 30
days of the change. The Permittee shall also be responsible for informing prospective
new owners of the requirements of the existing Operation and Maintenance Plan. This
shall be an on-going requirement of any Stormwater Permit issued.
Section 9. Surety
For Major Stormwater Permit projects, the Stormwater Authority may require the Applicant to
post a surety bond, irrevocable letter of credit, cash, or other acceptable security before the start
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of land disturbance activity. The form of the security shall be approved by the Stormwater
Authority and shall be in an amount deemed sufficient by the Stormwater Authority to ensure
that the work will be completed in accordance with the permit. If the project is phased, the
Stormwater Authority may release part of the security as each phase is completed in compliance
with the permit, but the security may not be fully released until the Stormwater Authority has
received the final report and issued a certificate of completion pursuant to Section 9 of these
Regulations. If the Permittee defaults on any obligations imposed by the Stormwater Permit, the
Stormwater Authority may (after notification of the Permittee) inform the holder of the security
(and the municipal treasurer if the treasurer is not holding the funds) of the default, in which
event the Town shall be entitled to the security funds.
Section 10. Severability
The invalidity of any section, provision, paragraph, sentence, or clause of these Regulations shall
not invalidate any other section, provision, paragraph, sentence, or clause thereof, nor shall it
invalidate any permit or determination that previously has been issued.
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Appendix A. Definitions
ABUTTER: The owner(s) of land adjacent to regulated activity.
ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that
changes the water quality, force, direction, timing, or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined or discrete discharge, change
in the volume of runoff from the area; change in the peak rate of runoff from the area; and
change in the recharge to groundwater on the area.
APPLICANT: Any person, individual, partnership, association, firm, company, corporation,
trust, authority, agency, department, or political subdivision of the Commonwealth or the Federal
government, to the extent permitted by law, requesting a Stormwater Permit.
BEST MANAGEMENT PRACTICE (BMP): Schedules of activities, practices (and prohibitions
of practices), structures, vegetation, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants to Waters of the United States. BMPs also include
treatment requirements, operating procedures, and practices to control plant site runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw material storage.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC): A
certified specialist in soil erosion and sediment control. This certification program, sponsored by
the Soil and Water Conservation Society in cooperation with the American Society of
Agronomy, provides the public with evidence of professional qualifications.
CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as
hereafter amended.
CLEARING: Any activity that removes the vegetative surface cover.
COMMON PLAN OF DEVELOPMENT: A contiguous area where multiple separate and
distinct construction activities may be taking place at different times on different schedules under
one plan.
DESIGNATED AGENT: Staff of the Planning, Conservation, and Building Departments
designated by the Stormwater Authority to review and act upon Minor Stormwater Permit
applications.
EROSION: The wearing away of the land surface by natural or artificial forces such as wind,
water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil
particles.
EROSION AND SEDIMENTATION CONTROL PLAN: A document containing narrative,
drawings and details developed by a registered Professional Engineer (PE) or a Certified
Professional in Erosion and Sedimentation Control (CPESC), which includes best management
practices, or equivalent measures designed to control surface runoff, erosion, and sedimentation
during pre-construction and construction related land disturbing activities.
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EROSION CONTROL: The prevention or reduction of the movement of soil particles or rock
fragments due to stormwater runoff.
GRADING: Changing the level or shape of the ground surface.
GRUBBING: The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE: Any surface that prevents or significantly impedes the infiltration of
water into the underlying soil. This can include but is not limited to: roads, driveways, parking
areas and other areas created using nonporous material; buildings, rooftops, structures, solar
panels, artificial turf, and compacted gravel or soil.
INFILTRATION: The act of conveying surface water into the ground to permit groundwater
recharge and the reduction of stormwater runoff from a project site.
LAND DISTURBANCE ACTIVITY: Any activity that causes a change in the position or
location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of
runoff or pollutants; measurably changes the ability of a ground surface to absorb waters;
involves clearing, grading, or excavating, including grubbing; or results in an alteration of
drainage characteristics.
LOW IMPACT DEVELOPMENT (LID): Site planning and design strategies that use or mimic
natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order
to protect water quality and associated aquatic habitat.
M.G.L.: Massachusetts General Laws.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS: The performance
standards as further defined by the Massachusetts Stormwater Handbook, issued by the
Department of Environmental Protection, and as amended, that coordinate the requirements
prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act M.G.L. c. 131 §. 40 and Massachusetts Clean Waters Act M.G.L. c. 21, §. 23-56
to prevent or reduce pollutants from reaching water bodies and control the quantity of runoff
from a site.
MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate
Storm Sewer Systems in Massachusetts.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying
stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm
drain, pumping facility, retention or detention basin, natural or altered drainage channel,
reservoir, and other drainage structure that together comprise the storm drainage system owned
or operated by the Town of Brewster.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER DISCHARGE PERMIT: A permit issued by the Environmental Protection
Agency that authorizes the discharge of pollutants to Waters of the United States.
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NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not
previously been developed to include impervious cover.
NONPOINT SOURCE POLLUTION: Pollution from many diffuse sources caused by rainfall or
snowmelt moving over and through the ground. As the runoff moves, it picks up and carries
away pollutants finally depositing them into a water resource area.
OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and
organizational mechanisms for the ongoing operation and maintenance of a stormwater
management system to insure that it continues to function as designed.
OWNER: A person with a legal or equitable interest in property.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal government,
to the extent permitted by law, and any officer, employee, or agent of such person.
PUBLIC SHADE TREES: All trees within a public way or on the boundaries thereof, as defined
within Massachusetts General Law Chapter 87 (Public Shade Tree Law).
RECHARGE: The process by which groundwater is replenished by precipitation through the
percolation of runoff and surface water through the soil.
RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected,
filed with the recorder of the Land Court of Massachusetts.
REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land
alteration, or phased projects that disturb the ground surface, including impervious surfaces, on
previously developed sites.
RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its
origin to another location; the product of erosion processes.
SEDIMENTATION: The process or act of deposition of sediment.
SITE: The areal extent of land disturbance and construction activities, including but not limited
to the creation of new impervious surface and improvement of existing impervious surface.
STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative
methods, to prevent or retard erosion.
STORMWATER AUTHORITY: Brewster Planning Board or its authorized agent(s).
STORMWATER: Stormwater runoff, snow melt runoff, and surface runoff and drainage.
STORMWATER MANAGEMENT CERTIFICATE OF COMPLIANCE (SMCC): A document
issued by the Stormwater Authority which states that all conditions of an issued Stormwater
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Permit have been met and that a project is currently in compliance with the conditions set forth
in the permit.
STORMWATER PERMIT: A permit issued by the Stormwater Authority pursuant to the Town
of Brewster Stormwater Management Bylaw (Chapter 272) prior to commencement of Land
Disturbing Activity or Redevelopment.
TOTAL MAXIMUM DAILY LOAD (TMDL): A regulatory plan (authorized by the Clean
Water Act) that identifies the amount of a pollutant that a waterbody can assimilate without
exceeding its water quality standard for that pollutant.
TOTAL SUSPENDED SOLIDS (TSS): A measure of undissolved organic or inorganic particles
in water.
TOTAL PHOSPHORUS (TP): A measure of the total dissolved and particulate forms of
phosphorus.
WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act
M.G.L. c. 131, § 40 and in the Brewster Wetlands Protection Bylaw (Chapter 172).
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Appendix B. Stormwater Management Plan Checklists
Minor Stormwater Permit Applications
The application for a Minor Stormwater Permit shall contain sufficient information for the
Designated Agent to evaluate the environmental impact, effectiveness, and acceptability of the
measures proposed by the Applicant to reduce adverse impacts from stormwater runoff during
and after construction.
The Minor Permit Application package shall include:
A. Completed Application Form with original signatures of all property owners;
B. Narrative describing the proposed work including existing and proposed site
conditions (including structures, vegetation, and drainage), measures to mitigate any
stormwater impacts, and anticipated maintenance requirements;
C. An Operation and Maintenance Plan to inspect, properly maintain, and repair installed
best management practices (BMPs) after project completion to ensure that they are
functioning according to manufacturer or design specifications for the life of the BMP;
D. One digital copy and two (2) printed copies of plans that include:
(1) Existing site features including structures, pavement, plantings, and stormwater
management systems, etc.;
(2) Proposed work including proposed stormwater management systems and limits
of disturbance; and
(3) Erosion and sedimentation controls.
Major Stormwater Permit Applications
Stormwater Management Plan shall contain sufficient information for the Stormwater Authority
to evaluate the environmental impact, effectiveness, and acceptability of the site planning
process and the measures proposed by the applicant to prevent adverse impacts from stormwater
runoff during and after construction.
Stormwater Management Plans submitted for consideration shall contain the following minimum
components:
1. Existing Conditions Plan;
2. Proposed Conditions Plan;
3. Erosion and Sediment Control Plan;
4. Construction Detail Plan;
5. Stormwater Management Report; and
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6. Operation and Maintenance Plan.
More information than the minimum required herein may be required, provided such information
is reasonably necessary for the proper evaluation of the Stormwater Management Plan.
Additional plans, such as but not limited to utility plan, landscaping plan, etc., may be required
for more complex projects.
Plans shall be prepared to fully detail and explain the intentions of the Applicant. Plans shall be
prepared at a standard scale (1” = 20’, 1” = 40’, or 1” = 80’, whichever is appropriate to the size
of the proposal). All plans shall include a reasonable numbering system with an appropriate title
block, North arrow, signature block, and legend identifying any representative symbols used on
the sheet in question.
Design Certification: Each plan sheet shall show the seal and signature of an Engineer or a
Surveyor, or both, as appropriate to the data.
Existing Conditions Plan
The Existing Conditions Plan shall contain all the necessary information to convey existing
surface features and drainage patterns. It shall contain a topographical survey plan prepared by a
Surveyor, including the following information:
Name, seal, and signature of the Surveyor who performed the survey.
Date(s) of the survey.
Reference to all deeds, plans of record, and other information used to establish the
existing property lines, the layout of all streets and ways, and public and private
easements, including deed references to the abutting lots.
Locus Plan, prepared at a scale not smaller than 1” = 1200’ and a minimum extent of
one mile diameter. Major streets, buildings, brooks, streams, rivers, or other
landmarks should be shown on the Locus Plan with sufficient clarity to be easily
discernible.
Existing property lines, public and private easements, and road layouts with bearings
and distances. All distances shall be in feet and decimals of a foot and all bearings
shall be given to the nearest ten seconds. The error of closure shall not exceed one to
ten thousand.
Boundary of the entire property held in common ownership by the Applicant
regardless of whether all or part is being developed at this time.
Acreage of the property to the nearest tenth of an acre.
Existing monuments.
Location and name of all abutters as they appear on the most recent tax list, including
owners of the property on the opposite side of all streets abutting the property.
Location, names, status (i.e., public or private), and present widths of streets and
sidewalks bounding, approaching, or within reasonable proximity of the property,
showing both roadway widths and right-of-way width.
Location of all test pits, borings, percolation tests, or similar, in or adjacent to the
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development. Logs of observed groundwater elevations and other test data shall be
included in the Stormwater Management Report.
Location of all existing buildings and structures on the property and within reasonable
proximity of the perimeter of the property.
Location of all existing wells and septic systems that can be observed and/or are on
file with the Health Department, on the property and within reasonable proximity of
the perimeter of the property.
Features within and abutting the property, including but not limited to, waterways,
water bodies, drainage ditches, streams, brooks, stone walls, fences, curbing,
walkways and other paths (paved or unpaved), utility and light poles, buildings and
other structures, ledge outcrops, wooded areas, public shade trees and all other trees
greater than six inches in caliper, and historic sites.
Location and identification of resource areas regulated under the Massachusetts
Wetlands Protection Act or the Brewster Wetlands Protection Bylaw, including areas
located within the property and areas outside of the property with buffer zones or
offsets that may intersect the property. This shall include wetlands and associated
offsets and buffer zones, isolated lands subject to flooding (ILSF), bordering land
subject to flooding (BLSF), and riverfront protection areas. If a currently valid
delineation for the property does not exist, wetland boundaries shall be delineated in
the field with numbered flags by a qualified wetlands specialist, surveyed, and shown
on the plan(s) with reference to the flag numbers. The date of any Resource Area
Delineation, Determination of Applicability, Order of Conditions, or other applicable
decision from the Brewster Conservation Commission shall be indicated on the plans.
Location of aquifer protection zones, including Zone 1 and Zone II as defined in the
Brewster Water Quality Protection Bylaw, Chapter 179 Article XI.
Location of all existing above- and below-ground utilities and all associated
appurtenances within and abutting the property. All utility pipe types, sizes, lengths,
and slopes shall be provided, as well as utility structure information, including rim
and invert elevations.
Existing topography within the property and within reasonable proximity of the
perimeter of the property. Topography shall be provided at a minimum one-foot
contour intervals. The plan survey datum shall be the National American Vertical
Datum 1988 (NAVD88), and this reference shall be identified on the plans.
Stormwater flow direction.
Proposed Conditions Plan
The Proposed Conditions Plan shall indicate all proposed site improvements, including but not
limited to structures, buildings, sidewalks, handicap ramps, parking areas, curb type and limits,
walls, fences, landscaped areas, and the proposed location of all utilities, as described below:
All applicable information from the Existing Conditions Plan. The proposed
improvements shall be overlaid on the existing conditions and shown in a darker line
weight.
The boundaries of the site, the outline or footprint of all proposed buildings,
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structures, parking areas, walkways, loading facilities, or significant landscaping
features shall be shown.
All means of vehicular access for ingress and egress to and from the site onto the
public streets. Plans should show the size and location of driveways and curb cuts.
The location of all public shade trees and all other trees over six inches in caliper to
be removed.
The location and type of all above-ground and below-ground utilities.
The existing and proposed above- and below-ground stormwater management system,
with pipe sizes, lengths, slopes, and materials including conveyances, catch basins,
manholes, culverts, headwalls, detention and/or retention basins, treatment units,
infiltration systems, and outlet pipes/structures. Rim and invert elevations shall be
provided for all structures and other appurtenant features.
Proposed contours indicating the finished grades of all proposed construction in the
site. The plan shall show how the proposed grades will tie in to the existing grades
within and outside of the limit of disturbance. The grades should be provided at a
minimum one-foot contour intervals. Walls, curbing and any other features creating a
break in grade shall be shown, including proposed top and bottom grades.
Stormwater flow direction.
Erosion and Sediment Control Plan
The Erosion and Sediment Control Plan shall contain sufficient information to demonstrate that
erosion will be minimized and sediment contained as part of a land disturbance activity,
including the following:
All applicable information from both the Existing and Proposed Conditions Plans.
The proposed development information shall be shown in a darker line weight.
Location of the proposed limit of land disturbance activity, to be lined by perimeter
sediment controls in downgradient areas and along all resource areas.
Location of anti-tracking area at each construction entrance.
Inlet and outlet erosion and sediment controls at all existing and proposed drainage
structures.
Tree protection for all public shade trees and all other trees over six inches in caliper
proposed to remain.
Seeding, sodding, or revegetation plans and specifications for all unprotected or
unvegetated areas.
Location and design of all structural erosion and sediment control measures, such as
grade stabilization practices, temporary drainage swales, dewatering devices, and
temporary sedimentation basins.
Location of all proposed construction stockpiling and staging areas with appropriate
erosion and sediment control measures.
Location of areas designated for revegetation or infiltration-based BMPs, with notes
indicating that soil compaction shall be avoided in those areas.
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Notes detailing the proposed operation, maintenance, and inspection schedule for all
erosion and sedimentation control measures, including proposed schedule for street
sweeping of adjacent roadways and paved areas.
Notes indicating that demolition debris, discarded building materials, concrete truck
wash out, chemicals, litter, and sanitary wastes may not be discharged to the MS4 and
must be legally disposed of.
Where a site is located in whole or in part within the floodplain, a Floodplain
Contingency Plan shall be included with the Erosion and Sediment Control Plan. The
Floodplain Contingency Plan shall describe the steps necessary to stabilize the site
during construction in the event that a flood watch is declared by the National
Weather Service.
Where a project is also subject to coverage under a National Pollutant Discharge
Elimination System (NPDES) Construction General Permit issued by the EPA,
submission of the Stormwater Pollution Prevention Plan (SWPPP) shall be required
prior to commencement of land disturbance activities.
Construction Details Plan
The Construction Details Plan should provide information regarding the component parts of the
construction, illustrating how they fit together. The plan shall show the following:
Typical construction details of all proposed stormwater management system devices,
including but not limited to conveyances, catch basins, manholes, headwalls, sub-
drains, detention and retention systems, and other stormwater management system
structures.
Landscaping details including, but not limited to, tree plantings, shrubs, perennials,
fences, walls, guard rails, street furniture, and other specialty items, if applicable.
Construction details for all hard surfaces, including but not limited to, roadways,
sidewalks, driveways, loading docks, handicap ramps, permeable pavers, and curbing.
Erosion and sediment control details that for components included in the Erosion and
Sediment Control Plan.
Where site constraints or differing conditions require work that deviates from “typical
details,” specific construction details shall be provided.
All proposed work within the public right-of-way shall conform to Town of Brewster
and/or MassDOT Standard Details, where applicable.
Stormwater Management Report
A separate Stormwater Management Report shall be submitted with the Stormwater Permit
Application. It shall be prepared and stamped by an Engineer, and shall contain the following
information:
Contact Information. The name, address, and telephone number of all persons having
a legal interest in the property and the tax reference number and parcel number of the
property or properties affected.
Description of the watershed that the site is located in, the immediate downgradient
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waterbody(s) that stormwater runoff from the site discharges to, the impairment status
and Total Maximum Daily Load (TMDL), if applicable, of the watershed and
waterbody(s), and the pollutant(s) of concern.
Description of the existing and proposed soil conditions (including Hydrologic Soils
Group [HSG] classification published by the National Resources Conservation
Service [NRCS]), land use, land cover, estimated high groundwater elevations, design
points, drainage patterns, and proposed stormwater management practices.
Description of proposed work within proximity of regulated wetland resources,
aquifer protection zones, earthwork within 4 feet of seasonal high groundwater
elevations, and other sensitive environmental areas.
Description of the low impact development (LID) site planning and design techniques
considered for the project and an explanation as to why they were included or
excluded from the project.
Description of the existing and proposed stormwater management system, including
all proposed BMPs incorporated in the project design.
Description of all soil testing conducted in the study area, including sieve analyses,
tests for saturated hydraulic conductivity, test pits, or soil borings. Soils information
shall be based on field investigations by a Soil Evaluator approved by the
Commonwealth of Massachusetts, or by an Engineer. Testing shall be performed in
accordance with Volume 3 of the Massachusetts Stormwater Handbook (dated
February 2008, as amended) and these Rules and Regulations. Raw test data shall be
provided in an appendix to the report.
Narrative describing the methodology used to conduct the hydrologic and hydraulic
analyses of the site and the design of the proposed stormwater management system.
Tables comparing existing and proposed impervious areas, peak stormwater runoff
rates, and total stormwater runoff volumes for each design point and for the 2-, 10-,
25-, and 100-year design storms.
Narrative and calculations demonstrating compliance with the Massachusetts
Stormwater Management Standards.
Narrative and calculations demonstrating compliance with the requirements of
Section 6 of these Regulations, including estimated reductions to annual average load
of total suspended solids (TSS) and annual average load of total phosphorus (TP).
Calculations shall be completed using the Environmental Protection Agency (EPA)
Region 1’s BMP Accounting and Tracking Tool (2016), the Massachusetts MS4
Permit Appendix F Attachment 3 methodology, or other BMP performance
evaluation tool provided by the Stormwater Authority.
Description of any impacts to the floodplain and floodway and a summary of
compensatory flood storage calculations, if appropriate.
Description of existing and proposed groundwater recharge on the site, including
quantitative summary of existing and proposed recharge volumes, and summary of
groundwater mounding analysis, if applicable.
Plans showing existing and proposed drainage areas, including any off-site
contributions, and time of concentration travel flow-paths. Study design points should
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be indicated on the plan.
If applicable, a map showing the location of the site overlaid on the Federal
Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) for
the Town of Brewster, or other appropriate information pertaining to location of the
floodplain and floodway boundaries in relation to the site.
Appendix containing all drainage calculations for existing and proposed conditions,
including hydrologic analysis of the site, hydraulic analysis of the proposed drainage
system, and calculations supporting the design of all BMPs that will control
stormwater runoff pollutants, peak rates, and volumes.
Massachusetts Department of Environmental Protection (MassDEP) Checklist for
Stormwater Report, stamped and signed by a registered Professional Engineer (PE)
licensed in the Commonwealth of Massachusetts to certify that the Stormwater
Management Plan is in accordance with the criteria established in the Massachusetts
Stormwater Management Standards, Brewster Stormwater Management Bylaw, and
these Regulations.
Operation and Maintenance Plan
An Operation and Maintenance (O&M) Plan, in accordance with the Massachusetts Stormwater
Management Standards, shall be included with the Stormwater Management Plan. The purpose
of the plan is to identify the actions necessary to ensure that stormwater management systems
and BMPs function as designed, in perpetuity.
At a minimum, the O&M Plan shall contain:
The name(s) of the Owner of all components of the system, and the name(s) and
address(es) of the Responsible Party for O&M of each component, if different from
the Owner.
A plan that is prepared to scale and shows the location of all stormwater management
system components and all discharge points.
A description of all BMPs, including proper operating parameters and how the Owner
will determine if a BMP is not functioning properly.
A description of long-term source control and pollution prevention measures.
An inspection log and a description of all inspection and maintenance procedures,
responsibilities, and frequencies. Where applicable, this schedule shall refer to the
Maintenance Criteria provided in the Stormwater Handbook or the EPA National
Menu of Stormwater Best Management Practices or equivalent;
An inspection and maintenance schedule for all routine and non-routine maintenance
tasks to be performed.
Minimum qualifications for personnel that will perform inspections and maintenance.
Snow storage procedures and locations in accordance with the MassDEP Snow
Disposal Guidance, dated December 11, 2020, as amended. Snow shall not be stored
or disposed of in any proposed stormwater BMP.
A list of easements held to access any BMPs.
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An estimated O&M budget.
A copy of the As-built Plan prepared in accordance with Section 5.10 of these
Regulations, upon project completion.
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Appendix C. Fee Schedule
Fee
Minor Stormwater Permit Application
Major Stormwater Permit Application
Request for Stormwater Management
Certificate of Compliance
Consultant Services and Technical Review Determined on a case-by-base basis
From:Peter Lombardi plombardi@brewster-ma.gov
Subject:FW: Mass Communities MS4 Non-Compliance Fine Information?
Date:October 15, 2021 at 3:43 PM
To :Pete Dahl pdahl@brewster-ma.gov
FYI – as discussed.
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Beginning July 6th, Brewster Town Offices will be open to the public on Tuesdays, Wednesdays,
and Thursdays from 8:30 to 4:00pm. Beach and Recycle Permits are not available in person but
can be purchased online or through our mail-in program. For the latest updates on Town services,
please visit www.brewster-ma.gov.
From: Griffin Ryder <gryder@brewster-ma.gov>
Sent: Friday, October 15, 2021 2:35 PM
To: Peter Lombardi <plombardi@brewster-ma.gov>; Kari Hoffmann
<khoffmann@brewster-ma.gov>
Subject: FW: Mass Communities MS4 Non-Compliance Fine Information?
Hi Peter & Kari-
See below for some information relative to the maximum fine violation and fines that have been
levied to other communities for MS4 noncompliance.
Please let me know if you have any questions or would like to discuss.
Thanks,
Griffin
Griffin Ryder, P.E.
Director of Public Works
Town of Brewster
508.896.3212
gryder@brewster-ma.gov
From: Lori Kennedy <lkennedy@horsleywitten.com>
Sent: Friday, October 15, 2021 2:31 PM
To: Griffin Ryder <gryder@brewster-ma.gov>
Cc: Mark Nelson <mnelson@horsleywitten.com>; Nicholas Cohen
<ncohen@horsleywitten.com>
Subject: RE: Mass Communities MS4 Non-Compliance Fine Information?
Hi Griffin,
Here is some information that I hope will be helpful.
Here is some information that I hope will be helpful.
Potential fines for non-compliance with the 2016 MS4 Permit:
The Town is technically subject to the maximum violation each day since June 30th. The
fines in Appendix B of the MS4 Permit would be a max of $32,500 per day for the ongoing
permit violation.
Enforcement by EPA Region 1 under the 2003 MS4 Permit:
Penalties for failing to submit annual reports were issued to the following communities:
· Atkinson (NH), Fitchburg, Malden, Northborough, Dighton, Rehoboth, Everett,
Leicester, Litchfield, Newbury, Randolph, Dudley, Hopedale, Hampden,
Auburn, Lakeville, Grafton, Reynham, Medway, Boxford, Rollinsford (NH),
Mattapoisett, Norton, Wareham, Easthampton, Newton, Plainville, Stow,
Lanesborough, Rowley, Sturbridge, Chatham, Topsfield, and Lancaster.
· On average, the penalty for not reporting was approximately $4,000 per
community but varies based on number of violations etc.
Settlements for MS4 violations:
· Fall River, MA - $39,850
· Winthrop, MA - $24,000
· Canton, MA - $35,000
· Concord, MA - $10,000
· Eastham, MA - $27,250
· Dennis, MA - $21,500
· Gardner , MA - $18,700
· Peabody, MA - $52,453
· Plaistow, NH - $14,000
Examples:
https://archive.epa.gov/epapages/newsroom_archive/newsreleases/7f6dadcdf2e5db688525
73fc0074a8fa.html
Massachusetts Municipality Fined for Clean Water Violations
Release Date: 02/27/2008
Contact Information: Contact: Paula Ballentine, (617) 918-1027
(Boston, Mass. – Feb. 27, 2008) - The City of Malden, Massachusetts has been fined for
violating the federal Clean Water Act (CWA).
Malden paid a penalty of $10,000 for discharging storm water into several tributaries of the Pines
River and the Mystic River, both of which flow into the Atlantic Ocean, without submitting an annual report
that is essential for state and federal authorities to monitor compliance with the Clean Water Act. The City also
failed to respond to an EPA information request requiring that it submit its overdue 2006 report within thirty
days of the Request. Ultimately, the City submitted its overdue 2006 and 2007 reports in response to an EPA
Administrative Order.
Cities and towns that are permitted to discharge storm water to waters of the United States
are required to submit an annual report evaluating the status of permit compliance by May
1st of each year.
EPA New England has taken a series of enforcement actions to enforce the requirements of
the General Permit for Storm Water Discharges from Small Municipal Separate Storm
Sewer Systems (Small MS4 Permit). A number of municipalities have paid penalties for
violations of the Small MS4 Permit.
The Town of Swampscott, Massachusetts Clean Water Act Settlement | US EPA
Washington, DC - September 18, 2015) – The Town of Swampscott entered into a Consent
Decree today agreeing to pay a $65,000 civil penalty and to take critical remedial
measures to address pollution the Town discharged into the ocean near local beaches.
The Town of Swampscott, Massachusetts owns and operates a municipal separate storm
sewer system (MS4). The Town is authorized under a National Pollutant Discharge
Elimination System (NPDES) permit to discharge stormwater to waters of the United
States through its MS4 provided it complies with all provisions of the permit.
The Town violated Section 301 of the Clean Water Act (CWA) and the terms and
conditions of its NPDES permit. The violations include the discharge of untreated
wastewater containing pollutants, including sewage, from the Town’s MS4 outfalls
into Nahant Bay and Massachusetts Bay. The Town’s violations of its NPDES permit
include its failure to implement control measures required by the permit to minimize
the discharge of pollutants from the MS4 included the following:
· Failure to effectively prohibit, through an ordinance or other regulatory
mechanism, non-storm water discharges into the system;
· Failure to develop and implement a program to identify and eliminate illicit
connections and discharges to the MS4, including discharges of sewage;
· Failure to adopt an ordinance or other regulatory mechanism to require
sediment and erosion control at construction sites; and,
· Failure to adopt an ordinance or other regulatory mechanism to address
post- construction stormwater runoff from new development and
redevelopment sites.
The Town will pay a civil penalty of $65,000.
Thanks,
Lori
Lori Kennedy
Horsley Witten Group
Office: 857-263-8193 Ext. 201
From: Griffin Ryder <gryder@brewster-ma.gov>
Sent: Friday, October 15, 2021 9:48 AM
To: Lori Kennedy <lkennedy@horsleywitten.com>
Subject: Mass Communities MS4 Non-Compliance Fine Information?
Hi Lori-
Are you aware or do you have access to information regarding fines that have been levied to
Massachusetts communities by EPA/DEP for MS4 non-compliance? Peter has asked that I gather
this information to share with the PB.
I mentioned this to Mark briefly yesterday but wanted to follow up with you.
Thanks,
Griffin
Griffin Ryder, P.E.
Director of Public Works
Town of Brewster
508.896.3212
gryder@brewster-ma.gov
From: Lori Kennedy <lkennedy@horsleywitten.com>
Sent: Thursday, October 14, 2021 4:11 PM
To: Peter Lombardi <plombardi@brewster-ma.gov>; Lynn St. Cyr <lstcyr@brewster-
ma.gov>
Cc: Chris Miller <cmiller@brewster-ma.gov>; Amy von Hone <avonhone@brewster-
ma.gov>; Noelle Aguiar <naguiar@brewster-ma.gov>; Davis Walters
<dwalters@brewster-ma.gov>; Griffin Ryder <gryder@brewster-ma.gov>; Mark Nelson
<mnelson@horsleywitten.com>; Nicholas Cohen <ncohen@horsleywitten.com>
Subject: RE: Brewster stormwater bylaw outreach
Hi Peter and Lynn (and others),
I’m wondering if you have any feedback on the draft public outreach document from last week
(see attached)? In addition to this 2-pager, we are also assembling:
1. Example submittals to the Conservation Commission that closely match requirements in the
draft regulations for major and minor permit applications. Noelle is helping with this.
2. Examples of small-site stormwater BMP fact sheets that illustrate the types of simple
2. Examples of small-site stormwater BMP fact sheets that illustrate the types of simple
stormwater practices (e.g., rain gardens) that homeowners might implement to meet minor
permit performance standards.
Please let me know if that sounds like a good start, or if you would suggest different focus for
public outreach and Planning Board discussions.
Thanks,
Lori
Lori Kennedy
Horsley Witten Group
Office: 857-263-8193 Ext. 201
From: Lori Kennedy
Sent: Sunday, October 10, 2021 8:35 AM
To: Peter Lombardi <plombardi@brewster-ma.gov>; Lynn St. Cyr <lstcyr@brewster-
ma.gov>
Cc: Chris Miller <cmiller@brewster-ma.gov>; Amy von Hone <avonhone@brewster-
ma.gov>; Noelle Aguiar <naguiar@brewster-ma.gov>; Davis Walters
<dwalters@brewster-ma.gov>; Griffin Ryder <gryder@brewster-ma.gov>; Mark Nelson
<mnelson@horsleywitten.com>
Subject: RE: Brewster stormwater bylaw for Town Counsel review
Hi Peter and Lynn,
Here is an updated version of the 10/8/21 draft bylaw with a few revisions: 1) In response to
Lynn’s comments below, I changed two instances of “hearing” to “meeting” in Section 13
Waivers, and 2) I made a few minor formatting fixes.
I’m also attaching a cleaned-up version of the public outreach draft that Mark sent on Friday (there
was some missing text on page 2).
Thanks,
Lori
Lori Kennedy
Horsley Witten Group
Office: 857-263-8193 Ext. 201
Article XI
Water Quality Protection District
[Added 5-9-1994 ATM, Art. 51]
§ 179-53 Purpose.
[Amended 11-17-2008 FYTM, Art. 17]
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").
D. To protect groundwater and surface water resources from viral, pathogenic, phosphorus and nitrogen
contamination and pollution from stormwater runoff;
E. To complement the commonwealth's Department of Environmental Protection regulations governing
groundwater protection and the commonwealth's efforts to protect surface and coastal waters;
F. To protect other sensitive water resource areas, including those land areas that contribute recharge to
private drinking water supply wells;
G. To conserve the natural resources of the Town; and
H. To prevent temporary and permanent contamination of the water resources of the Town.
§ 179-54 Scope of authority; overlay district.
[Amended 11-17-2008 FYTM, Art. 17; 10-19-2009 FYTM, Art. 18]
This bylaw establishes regulations governing land uses and structures and their potential impact upon the
Town's water resources. The provisions of Article XI are superimposed over all zoning districts and all land
within the Town of Brewster and shall function as an overlay district. Where this article establishes rules,
regulations, requirements, standards or provisions that are stricter than the underlying zoning districts,
including those uses and structures found in Table 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 , 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. 17]
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
Means Any 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 land measure equal to 40,000 square feet, which is considered a building acre in accordance
with standard real estate practices.
COMMERCIAL FERTILIZERS
Any substance containing one or more recognized plant nutrients which is used for its plant nutrient
content and which is designed for use, or claimed by its manufacturer to have value, in promoting plant
growth. Commercial fertilizers do not include unmanipulated animal and vegetable manures, marl, lime,
limestone, wood ashes, and gypsum.
EARTH REMOVAL
The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores, or bedrock.
Mining activities are considered earth removal, whether the disturbed natural materials are removed
from the site or reworked on the site.
DEP
The Massachusetts Department of Environmental Protection.
DEVELOPMENT
The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any
structure; any mine, excavation, landfill, or land disturbance; and/or any change in use, or alteration or
extension of the use, of land.
DISCHARGE
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or
placing of toxic or hazardous material or waste upon or into any land or water so that such hazardous
waste or any constituent thereof may enter the land or waters of Brewster. Discharge includes, without
limitation, leakage of such materials from failed or discarded containers or storage systems and disposal
of such materials into any on-site leaching structure or sewage disposal system.
HAZARDOUS OR TOXIC MATERIALS
Any substance or mixture of physical, chemical or any infectious characteristics posing a significant,
actual or potential hazard to water supplies or other hazards to human health if such substance or
mixture were discharged to land or water of the Town of Brewster. Hazardous or toxic materials
include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalis, solvents and thinners and products such as pesticides, herbicides in
quantities greater than normal household use; and all substances defined as hazardous or toxic under
MGL c. 21C and MGL c. 21E, using the Massachusetts Oil and Hazardous Substance List (310 CMR
40.0000), and 310 CMR 30.000.
HAZARDOUS MATERIAL OR WASTE, HOUSEHOLD QUANTITY OF
Any or all of the following:
A. Two hundred seventy-five gallons or less of oil on site at any time to be used for heating of a structure
or to supply an emergency generator; and
B. Twenty-five gallons (or the dry weight equivalent) or less of other hazardous materials on site at any
time, including oil not used for heating or to supply an emergency generator; and
C. A quantity of hazardous waste at the very small quantity generator level as defined in the Massachusetts
Hazardous Waste Regulations, 310 CMR 30.353.
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
A groundwater elevation determined from monitoring wells and historical water table fluctuation data
compiled by the United States Geological Survey.
IMPERVIOUS SURFACE
Material or structure on, above or below the ground that does not allow precipitation or 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 MANAGEMENT
The process of ensuring that nitrogen generated by land uses does not exceed established capacities of
the resources receiving nitrogen inputs.
NONSANITARY WASTEWATER
Wastewater discharges from industrial and commercial facilities containing wastes from any activity
other than collection of sanitary sewage, including, but not limited to, activities specified in the Standard
Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
OPEN DUMP
A facility which is operated or maintained in violation of the Resource Conservation and Recovery Act
[42 U.S.c. § 4004(a)(b)], or the regulations and criteria for solid waste disposal.
PETROLEUM PRODUCT
Petroleum or petroleum byproduct, including, but not limited to: fuel oil; gasoline; diesel; kerosene;
aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes;
crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not
include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
POTENTIAL DRINKING WATER SOURCES
Areas that could provide significant potable water in the future.
PROCESS WASTEWATER
All wastewater disposed of onsite 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 of privies, chemical toilets, cesspools, holding tanks, or other
sewage waste receptacles. Septage does not include any material that is a hazardous waste, pursuant to
310 CMR 30.000.
SLUDGE
The solid, semisolid, and liquid residue that results from a process of wastewater treatment or drinking
water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the
headworks of a facility.
STORMWATER MANAGEMENT
The process of ensuring that the magnitude and frequency of stormwater runoff does not increase the
hazards associated with flooding and that water quality is not compromised by untreated stormwater
flow.
SUBDIVISION
The division 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 of the works for the purpose of
treatment, storage, or disposal.
VERY SMALL QUANTITY GENERATOR
Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms)
a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in
310 CMR 30.136.
WASTE OIL RETENTION FACILITY
A waste oil collection facility for automobile service stations, retail outlets, and marinas which is
sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste
products in accordance with MGL c. 21, § 52A.
WATER QUALITY REVIEW COMMITTEE (WQRC)
Committee to be appointed by the Select Board to include eight members; one member each from the
Select Board, Board of Health, Planning Board, Conservation Commission, Comprehensive Water
Planning Committee and Water Commissions, the Brewster Building Commissioner and the Brewster
Health Agent. At the initial appointment, to occur no later than three weeks after the effective date of
this bylaw, members other than the Building Commissioner and the Health Agent shall be appointed for
one-, two- and three-year terms and thereafter all members shall be appointed for three-year terms. The
Building Commissioner and Health Agent shall serve as members of the WQRC while they are
employed in their respective positions.
[Amended 11-18-2013 FYTM, Art. 10; 11-13-2017 FYTM, Art. 13]
ZONE I
The immediate land area around a well. It is defined as a four-hundred-foot protective radius for wells
greater than 100,000 gpd and a radius of 100 to 400 feet for wells less than 100,000 gpd, depending
upon the pumping rate. The Zone I must be owned by the water supplier or controlled through a
conservation restriction. Only water supplier activities are allowed in the Zone 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 11-17-2008 FYTM, Art. 17]
A. Provided that all necessary permits, orders, or approvals as required by local, county, state, or federal
law are also obtained and notwithstanding any requirement to the contrary found within this article, the
following uses and activities shall not independently trigger the need for a Special Permit and shall
be allowed as long as the uses and activities comply with applicable be exempted from the
requirements of this article and may occur without a special permit Performance Standards
established in Section 179-57.
(1) Continuous transit: the transportation of hazardous wastes or materials, provided that the transporting
motor vehicle is in continuous transit;
(2) Vehicular and lawn maintenance fuel and lubricant use: the use in a vehicle or lawn maintenance
equipment of any hazardous material solely as fuel or lubricant in that vehicle or equipment fuel tank;
(3) Retail/wholesale sales/office/commercial uses with a lot size below 40,000 square feet and building
area less than 5,000 square feet that store or handle hazardous materials or wastes in amounts that do
not exceed household quantities;
(4) Construction activities: The activities of constructing, repairing, or maintaining any building or
structure, provided that all contractors, subcontractors, laborers, and their employees follow all local,
county, state and federal laws when using, handling, storing, or producing any hazardous materials or
wastes;
(5) Household use: the household use of hazardous materials or wastes in amounts that do not exceed
household quantities;
(6) Municipal use: the municipal use of hazardous materials and any materials stored and used for the sole
purpose of water supply treatment or as required by law;
(7) Storage of oil(s): the storage of oil(s) used for heating fuel, provided that the container used for such
storage shall be located within an enclosed structure that is sufficient to preclude leakage of oil to the
external environment and to afford routine access for visual inspection and shall be sheltered to prevent
the intrusion of precipitation;
(8) Conservation of soil, water, plants, and wildlife;
(9) Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
(10) Normal operation and maintenance of existing water bodies and dams, splash boards, and other water
control, supply and conservation devices;
(11) Use and development of single-family residential dwelling units;
(12) Use of land pursuant to an approved definitive subdivision plan, special permit, or variance;
(13) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing;
(14) Construction, maintenance, repair, and enlargement of drinking-water-supply-related facilities such as,
but not limited to, wells, pipelines, aqueducts, and tunnels;
(15) Underground storage tanks related to permitted activities.
B. Prohibited uses within the Town of Brewster. The following uses are prohibited throughout and within
the Town of Brewster:
(1) (Reserved)
(2) Landfills receiving only wastewater and/or septage (wastewater residuals "monofils") as defined in 310
CMR 32.05, approved by the DEP pursuant to MGL c. 21, §§ 26 through 53; MGL c. 111, § 17; MGL
c. 83, §§ 6 and 7, and regulations promulgated thereunder.
(3) Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in compliance with
310 CMR 32.30 and 310 CMR 32.31.
(4) Storage of deicing chemicals, chemically treated abrasives or other chemicals used for the removal of
ice and snow on roads, unless such storage, including loading areas, is within a structure designed to
prevent the generation and escape of contaminated 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.
(d) Water remediation treatment works approved by the Department of Environmental Protection (DEP)
designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwater or surface
waters and operated in compliance with MGL c. 21E and 310 CMR 40.0000.
(8) Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1.
(9) Storage of dry hazardous materials, as defined in MGL c. 21E, unless in a freestanding container within
a building or above ground with adequate secondary containment adequate to contain a spill the size of
the container's total storage capacity.
(10) Storage of fertilizers unless such storage is within a structure designed to prevent the generation and
escape of contaminated runoff or leachate.
(11) Land uses that result in rendering impervious any lot or parcel more than 15% or 2,500 square feet,
whichever is greater, unless a system for artificial recharge of precipitation is provided that will not
result in the degradation of groundwater quality.
(12) Any 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 II of the Groundwater Protection District.
(1) Storage of liquid petroleum and/or liquid hazardous products (as defined in MGL c. 21E), except the
following: normal household use, outdoor maintenance and heating of 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
than the system capacity of the existing treatment works;
(b) The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that
will not result in a system capacity greater than the system capacity of the existing system(s);
(c) Treatment works approved by DEP designed for the treatment of contaminated groundwater; and
(d) Sewage treatment facilities in those areas with existing water quality problems when it has been
demonstrated to DEP and the Planning Board's satisfaction that these problems are attributable to
current septic problems and that there will be a net improvement in water quality.
(4) Stockpiling and disposal of snow or ice removed from highways and streets located outside of a Zone II
that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice
removal.
(5) Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material within
10 vertical feet of historical high groundwater table elevation, as determined from monitoring wells and
historical water table fluctuation data compiled by the United States Geological Survey.
(6) Industrial and commercial uses which discharge process wastewater on site.
(7) Facilities or works for the treatment or disposal of nonsanitary wastewater that are subject to 314 CMR
5.00, or that discharge to the ground nonsanitary wastewater, including industrial and commercial
process wastewater, except the following:
(a) The replacement or repair of an existing system/treatment works that will not result in a design capacity
greater than the design capacity of the existing system/treatment works;
(b) Treatment works approved by the Department of Environmental Protection designed for the treatment of
contaminated groundwater and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and
(c) Publicly owned treatment works.
(8) Storage of commercial fertilizers, as defined herein and in MGL c. 128, § 64.
(9) Gasoline stations, automotive service stations or car washes or motor vehicle or commercial boat
storage or repair. For the purposes of this chapter, "commercial" is defined as any activity involving the
sale of goods or services carried out with the intent of earning a profit.
(10) Dry-cleaning establishments.
D. Uses/structures allowed by special permit.
(1) Unless otherwise exempted or prohibited elsewhere by this article and as otherwise permitted in the
underlying zoning district, the following uses and activities shall require a special permit from the
Planning Board. Where the use or activity requires a special permit from another special permit granting
authority, the provisions of this article shall nevertheless apply, although the Planning Board and the
other special permit granting authority may hold a combined public hearing pursuant to MGL c. 40A,
§ 9 in lieu of separate public hearings:
(a) (Reserved)
(b) The application for the construction of 10 or more dwelling units, whether on one or more contiguous
lots, tracts, or parcels, or whether contained within one or more structures;
(c) The application for a nonresidential use of 40,000 square feet or greater in lot size or 5,000 square feet
or greater of gross floor area;
(2) Provided that the following uses and/or structures are permitted by the underlying zoning district and
other relevant regulations, a special permit may be issued by the Planning Board for the following uses
and/or structures, provided that the Planning Board may impose conditions upon the use or structure,
consistent with the authority provided in MGL c. 40 § 9, such that the use or structure will not, in the
Planning Board's sole judgment, be inconsistent with the purpose and intent of this bylaw.
Notwithstanding the powers hereby conveyed by this article and MGL c. 40A, § 9 to the Planning Board
and in recognition of the expertise found within the members of the Water Quality Review Committee,
the Planning Board shall, in accordance with the procedures of MGL c. 40A, § 11, cause all applications
for a special permit pursuant to this article to be submitted to the Water Quality Review Committee for
the Committee's comments and recommendations as provided by MGL. c. 40A, § 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. 6]
(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.
(c) Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater.
A system for groundwater recharge must be provided which does not degrade groundwater quality. For
nonresidential uses, recharge shall be by stormwater infiltration basins or similar systems covered with
natural vegetation, and dry wells shall be used only where other methods are infeasible. For all
nonresidential uses, all such basins and wells shall be preceded by oil, grease and sediment traps to
facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full
working order by the owner.
(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 11-17-2008 FYTM, Art. 17; 10-19-2009 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 expanded 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:
(1)A. No new, altered or expanded uses within Zone I, Zone II and/or the DCPC area shall exceed a
five-parts-per-million (ppm) nitrogen loading standard based on the methodology contained in the
Cape Code Commission's Nitrogen Loading Technical Bulletin 91-001in the Brewster Board of
Health Nitrogen Loading Regulation. The overall concentration of nitrate nitrogen resulting from
domestic wastewater disposal, road runoff, and from 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, will review the proposed project and the nitrogen loading
spreadsheet calculations for compliance with the health regulation and the performance
standards in this Bylaw. is presumed under the following conditions: For the purposes of calculating
nitrogen generation, the following standards shall be used:
(a) Nitrogen from dwelling units that use septic systems (assuming three persons per dwelling): 35 mg/l;
(b) Nitrogen from lawn fertilizers: two pounds per 1,000 square feet (25% leached); [Amended 11-18-
2019FYTM, Art. 6] (c) Nitrogen in background precipitation: 0.05 mg/l;
(d) Runoff from roads and ways: 1.50 mg/l;
(e) Runoff from roofs: 0.75 mg/l.
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. Waste 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.
E. All new, altered or expanded uses shall comply with the requirements of the Stormwater
Management Bylaw (Chapter 272) to collect, treat and manage stormwater. All runoff from
impervious surfaces shall be recharged on the site and diverted towards areas covered with vegetation
for surface infiltration to the extent possible. Dry wells shall be used only where other methods are
infeasible and shall be preceded by oil, grease and sediment traps to facilitate removal of contaminated
solids. In the vicinity of chemical or fuel delivery points, provision shall be made for spill control.
F. The Planning Board shall ensure that land uses, structures and related developments conform to the
following performance standards for stormwater management.
(1) No development shall result in a direct discharge of untreated stormwater, either on or off site.
(2) Post development discharge rates shall not be greater than predevelopment discharge rates.
(3) New development shall maximize recharge to groundwater.
(4) New development shall be required to remove, on site, no less than 80% of the annual total suspended
solids generated from development runoff.
(5) Best management practices shall be maintained for appropriate periods of time.
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 groundwater monitoring wells. If required by the Planning Board,
groundwater monitoring well(s) shall be provided at the expense of the applicant in a manner, number,
and location approved by the Planning Board. Except for existing wells found by the Planning Board to
be adequate for this provision, the required well(s) shall be installed by a water well contractor. Samples
shall be analyzed and analytical reports that describe the quantity of any hazardous material or waste
present in each monitoring well shall be prepared by a Massachusetts certified laboratory.
§ 179-58 Prohibited uses within Pleasant Bay Watershed.
[Amended 11-17-2008 FYTM, Art. 17]
(Reserved)
§ 179-58.1 Uses/structures allowed by special permit within the Pleasant Bay Watershed.
[Added 11-17-2008 FYTM, Art. 17]
(Reserved)
§ 179-58.2 Performance standards within Pleasant Bay Watershed.
[Added 11-17-2008 FYTM, Art. 17]
(Reserved)
§ 179-59 Prohibited uses within the watersheds of surface water bodies other than Pleasant Bay.
[Amended 11-17-2008 FYTM, Art. 17]
(Reserved)
§ 179-59.1 Uses/structures allowed by special permit within watersheds of surface water bodies other
than Pleasant Bay.
[Added 11-17-2008 FYTM, Art. 17]
(Reserved)
§ 179-59.2 Performance standards within watersheds of surface water bodies other than Pleasant Bay.
[Added 11-17-2008 FYTM, Art. 17]
(Reserved)
§ 179-60 (Reserved)
[Amended 11-17-2008 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; 11-13-2017 FYTM, Art. 13]
B. Certificate of water quality compliance.
(1) A certificate of water quality compliance shall be obtained by the owner of the premises from the
WQRC or, for special permit uses, from the SPGA:
(a) For erection of any new principal structure other than a single-family dwelling or for change in
occupancy requiring a certificate of use and occupancy under the State Building Code.
(b) For occupancy of any premises not requiring a Certificate of use and occupancy but involving the
storage, handling or transportation of toxic or hazardous wastes.
(2) No building permit or certificate of use and occupancy shall be issued by the Building Commissioner
unless a certificate of water quality compliance, if required, has been applied for or obtained.
C. Requirements. A certificate of water quality compliance shall be granted only as follows: [Amended
11-18-2019FYTM, Art. 6]
(1) For new construction or additions or new activities not involving structures, only if in full compliance
with all requirements of § 179-57, Performance standards.
(2) For change in occupancy or operation on previously developed premises, only if the requirements of
§ 179-57B, 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, seven two
paper sets and one electronic copy of application materials shall be submitted to the Building
Commissioner, who shall forward one set them to each member of the WQRC. In the case of uses
requiring a special permit under § 179-56D, one set shall also be submitted to the SPGA along with any
other application materials. All information necessary to demonstrate compliance must be submitted,
including but not limited to the following: [Amended 11-18-2019FYTM, Art. 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 hazardous materials to be generated, indicating storage and disposal
method.
(3) Evidence of approval by the Massachusetts Department of Environmental Protection of any industrial
waste treatment or disposal system or any wastewater treatment system over 15,000 gallons per day
capacity, accompanied by analysis by a professional engineer in sanitary or civil engineering registered
in the Commonwealth of Massachusetts certifying compliance with § 179-57D.
E. Action. For uses not requiring a special permit under § 179-56D, 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 11-18-2019FYTM, Art. 6]
F. Certificate review.
(1) Each three years the WQRC shall review compliance with this article and the certificate of water quality
compliance. Upon request, certificate holders shall submit the following:
(a) Description of any changes from the originally submitted materials.
(b) Certification that the waste disposal system has been inspected by a licensed septic system installer or
treatment plant operator within the preceding 90 days and found to be properly maintained and in proper
operating condition. 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.
(c) Results from analysis of leachate or wastewaters as may be required by the Board of Health.
(d) Documentation on the operation and maintenance of stormwater facilities permitted under the
Stormwater Management Bylaw (Chapter 272).
(2) Evidence of noncompliance shall be reported 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.
Planning Staff Memo
Date: August 24, 2021 (revised 9/8/21)
To: Planning Board
From: Ryan Bennett, Town Planner
RE: Water Quality Protection District Zoning Bylaw Amendments
Staff in the building, planning and health departments have been working with Horsley Witten to
present amendments to the Water Quality Protection District zoning overlay. These changes will clarify
the applicability of performance standards to uses within the district and are brought forward to achieve
the following:
Clarify the applicability of the performance standards for nitrogen loading for commercial and
residential uses within the overlay district,
Bring the performance standards for calculating nitrogen loading under the jurisdiction of the
Board of Health,
Align water quality protection requirements with the proposed stormwater management bylaw,
and
Streamline the process and permitting requirements for nitrogen loading.
These amendments are proposed principally as housekeeping changes and for regulatory streamlining.
Town of Brewster
Planning Department
2198 Main Street
Brewster, MA 02631
508-896-3701
www.town.brewster.ma.us
Town of Brewster,
Massachusetts
Drummer Boy Park Master Plan
Final Report
July 2021
Photo: Brewster Conservation Day ‐ July 2018
i
Table of Contents
Section 1 Study Purpose and Team
1.1 Study Purpose ............................................................................................................................................................ 1-1
1.2 Project Team ............................................................................................................................................................... 1-1
Section 2 Data Collection and Existing Conditions Analysis
2.1 Data Collection ........................................................................................................................................................... 2-1
2.2 Existing Conditions .................................................................................................................................................. 2-1
2.3 Initial Site Visit with Town ................................................................................................................................... 2-4
2.4 Opportunities and Constraints............................................................................................................................ 2-4
2.5 Site Visit with Advisory Committee .................................................................................................................. 2-6
Section 3 Schematic Concept Plans
3.1 Concept Plan I ............................................................................................................................................................. 3-1
3.2 Concept Plan II ........................................................................................................................................................... 3-3
3.3 Concept Plan III ......................................................................................................................................................... 3-6
Section 4 Recommended Master Plan
4.1 Recommended Master Plan Overview ............................................................................................................. 4-1
4.2 Phasing Strategy ........................................................................................................................................................ 4-4
4.3 Order of Magnitude Project Budget .................................................................................................................. 4-4
Section 5 Conclusion
List of Figures
Figure 2-1 Drummer Boy Existing Conditions..................................................................................................... 2-3
Figure 2-2 Brewster Opportunities and Constraints ........................................................................................ 2-5
Figure 3-1 Drummer Boy Park Concept Plan I .................................................................................................... 3-2
Figure 3-2 Drummer Boy Park Concept Plan II ................................................................................................... 3-4
Figure 3-3 Drummer Boy Park Concept Plan III ................................................................................................. 3-6
Figure 4-1 Drummer Boy Park Recommended Master Plan ......................................................................... 4-2
Figure 4-2 Drummer Boy Park Use Area Plan ..................................................................................................... 4-3
Figure 4-3 Drummer Boy Park Phase I Improvements Plan ........................................................................ 4-5
Appendices
Appendix A Order of Magnitude Opinion of Probable Project Cost
Appendix B Drummer Boy Park Master Plan Presentation to Board of Selectmen June 7, 2021
Appendix C Meeting Minutes
1‐1
Section 1
Study Purpose and Team
The Town of Brewster purchased a property in town in 1988 that was occupied by a museum and
residence building. In 1995 the Town of Brewster in collaboration with Mary Smith Associates,
P.C. Landscape Architects & Planners completed a Master Plan Study on Drummer Boy Park. That
Master Plan was presented to and approved by Town Meeting on May 1, 1995. The study
identified the opportunities and constraints for the site and developed a programmatic plan to
maximize the potential into the future via a phased implementation approach. Some of these
improvements, including the bandstand, playground, and some walking paths, have already been
implemented. In 2020 the Select Board established the Drummer Boy Park Advisory Committee
to review the park and revise the Master Plan. CDM Smith was hired by the town to assist the
committee in preparing the revised design.
1.1 Study Purpose
The purpose of this study is to update the Master Plan for Drummer Boy Park considering the
current needs of the town. Identifying specific opportunities and constraints at the site allows
local representatives and the public to understand the site better and then decide how best to
structure a plan to protect the resource as well as meet the needs of the community for many
years to come. Factoring in knowledge and concepts from existing user groups as well as
potential user groups is an important component of this master plan development.
1.2 Project Team
This project was coordinated for the town by an advisory committee which included the Brewster
Department of Natural Resources, Department of Public Works, the Council on Aging, Recreation
Department, Conservation Trust, local historical organizations, Brewster residents, and CDM
Smith, and comprised of the following individuals:
Committee Members
E. James Veara, Chair
John Kissida, Vice Chair
Cherlyanne Lombardi, Clerk
Andrea Nevins
Stephen Najarian
Patricia Hughes, Natural Resources Advisory Commission Representative
Tom Wingard, Brewster Recreation Commission Representative.
Section 1 Study Purpose and Team
1‐2
Advisory Members
Bob Smith, Cape Cod Museum of Natural History
Sally Gunning, Brewster Historical Society
Hal Minis, Brewster Conservation Trust
Chris Miller, Director, Brewster Department of Natural Resources
Patrick Ellis, Superintendent, Brewster Department of Public Works
Michael Gradone, Director, Brewster Recreation Department
Denise Rego, Director, Brewster Council on Aging
Consultants
Michael Dodson, CDM Smith
David Young, CDM Smith
Several town staff members, elected and town officials, user groups and members of the
community also provided input at committee meetings, community meetings, and general
correspondence.
2‐1
Section 2
Data Collection and Existing Conditions Analysis
A significant amount of data was collected by the project team and town representatives during
preparation of the master plan. Understanding the parks uses and user groups, and site
constraints and opportunities is an important step in master plan development.
2.1 Data Collection
The town provided property limits and ownership of parcels around Drummer Boy Park which
identified opportunities to provide connections to adjacent properties. Historic plans were
provided that included the historic residential dwelling as well as the museum that was
demolished. A site plan that was developed by J.M. O’Reilly & Associates, Inc. was also provided
that showed limits of the recently installed asphalt walkway meandering through the site and
also wetland limits. The limits of wetland and wetland buffers was used to define limits of
proposed improvements. The town also provided information for the abandoned gift shop, which
is useful to understand the vacant structure’s potential for reuse. A Playground Safety Audit as
prepared by Playground Inspections of New England, LLC, and Nancy White a Certified
Playground Safety Inspection. The audit identified that the playground is in need of many
improvements including improved drainage, deteriorated structures, and accessibility
improvements. The Town has taken care of any immediate safety issues that were noted.
2.2 Existing Conditions
The park is sited between Old Kings Highway (Route 6A) to the south and Quivett Creek and Wing
Island to the north. Old Higgins Farm Windmill and Windmill Village owned by Brewster
Historical Society and Windmill Meadows owned by Brewster Conservation Trust are located to
the west, and a wooded parcel owned by the Conservation Commission is located to the east. The
close proximity to these town resources provided the opportunity to integrate each parcel
together as one cohesive park. Further to the east is the Cape Cod Museum of Natural History
with a sidewalk leading to the park.
When driving into the site, the driver’s view is partially blocked by an existing hydrangea shrub.
Vehicles are able to drive counterclockwise around a central green that holds the town’s seasonal
tree that is decorated during the holiday season in December. The parking area is laid out
organically and vehicles parallel park on each side of the drive aisle. When spaces within the
paved area are fully occupied, vehicles park off of the pavement area where there was once grass
but is now mostly bare soil.
Adjacent to the parking area, the vacant gift shop stores equipment used by a local band that
plays at the bandstand. The view of the playground is unfavorably blocked by this vacant
building. The playground surfacing is covered with wood chips and is not considered accessible
by Massachusetts Architectural Access Board (MAAAB). Many of the structures are rusty, broken,
have missing pieces, and are identified as dangerous by the audit report.
Section 2 Data Collection and Existing Conditions Analysis
2‐2
The parking area and playground open to a meandering walkway that was paved in 2020. This
leads visitors around the site with a few seating areas located to take advantage of views of
Quivett Creek. Another wooded trail was developed in the woods on the western side of the
property. Some visitors walk through a partially exposed wooded trail on the east side of the
parcel to access an existing gravel road to access Wing Island. Existing features were captured
and labeled on an Existing Conditions Plan (Figure 2‐1).
This space was intentionally left blank.
Section 2 Data Collection and Existing Conditions Analysis
2‐4
2.3 Initial Site Visit with Town
In October of 2020 CDM Smith visited the site with town officials to discuss goals, identify
opportunities and constraints, and review improvement priorities. Upon entering the site, it was
clear that one of the goals of the project is to enhance the views of Quivett Creek and the bay.
Another goal emphasized was to preserve the character of the park.
Drummer Boy Park is used for many passive activities including walking, picnicking, bird
watching, and enjoying the outdoor environment. Recreational activities at the site include
frisbee, playing catch, and use of the playground. Organized activities including craft shows,
farmer’s markets, fairs, festivals, and weddings occur at the site throughout the year. For these
events, tents and vehicles are grouped in open lawn areas that are identified prior to the event.
It is a goal to identify the park use areas based on the organized activities scheduled at the site.
Drummer Boy Park attracts many people of all ages for different activities. Increased use at the
park creates a desire for additional parking, but it was stressed that if too many parking spaces
are provided, the character of the park would become compromised. The stated goal of the
Advisory Committee was not to create a “large, paved parking lot”
2.4 Opportunities and Constraints
Improvements are needed to serve current and future needs of the community. The site has
significant potential to enhance the existing features and increase activities. There is great
opportunity for the Town, Brewster Historical Society and Brewster Conservation Trust to
collaborate on future integration of their properties to form the Brewster Drummer Boy Park
Complex. From the data collected and observations on site, an Opportunities and Constraints plan
was prepared (Figure 2‐2).
An opportunity was identified to selectively clear understory vegetation to enhance views of
Quivett Creek. The view is currently constrained from vegetation along the edge of the creek as
well as partially from trees along Old Kings Highway. View corridors were identified and added to
the plan. Selective clearing could also provide additional shaded seating areas accessible from the
existing walkways. The existing wooded trail has become overgrown with invasive vegetation,
and there is an opportunity to manage the vegetation, while proving better visual access to the
trail and making it more easily accessible.
There are opportunities to expand pedestrian walkways to the wooded parcel on the east as well
as the Windmill Village on the west. This would create a setting where visitors could access the
adjacent parcels and increase the overall use of the site. There is potential to create a connection
to Wing Island in the future with a boardwalk, and access to the boardwalk would likely come
from Drummer Boy Park. Increased pedestrians entering the site will need to be considered when
planning walkway locations and widths.
Due to the current use at the site and the anticipated increase in use for the future, there is an
opportunity to increase the structured parking area while still preserving the character of the
site. As an alternative, expansion of the existing parking area could be considered if deemed
necessary by the town in the future.
Section 2 Data Collection and Existing Conditions Analysis
2‐6
Because of the existing soil there are some areas on the site where puddles form and should be
addressed by proposed improvements. There is an opportunity to create rain gardens intended to
collect and infiltrate stormwater in the wet areas around the site.
There is an opportunity to add restrooms to the park allowing visitors to stay longer. However,
due to the poor draining soils most of the site is unable to accommodate a Title 5 leaching field.
The only area suitable for a leaching field is on the eastern portion of the site in the location of the
previously demolished residential property. Ideally, restrooms would be included in the area of
the vacant gift shop.
The existing playground, located too close to the wetland, is often wet, is outdated, not identified
as accessible by the MAAAB, and does not provide a source for shade. There is an opportunity to
demolish the existing playground and shift to the south, closer to the vacant gift shop. The vacant
gift shop could be renovated into a shade structure pavilion. This would preserve the character of
the existing structure, would provide shade, and would open the views from the parking area to
the playground.
2.5 Site Visit with Advisory Committee
In December of 2020, CDM Smith met with the Drummer Boy Park Advisory Committee to review
the Existing Conditions Plan, Opportunities and Constraints Plan, and to identify additional
opportunities that the park could provide. Expansion of structured parking to the open lawn on
the southwest corner of the site was discussed. Though it would create many additional parking
spaces, there were concerns that it would reduce the natural character of the site and it was
determined that the parking area should not be expanded. It was recommended that the drive
aisle and parking spaces be reconfigured to maximize parking spaces while reducing the overall
paved area.
3‐1
Section 3
Schematic Concept Plans
Utilizing the data collected, Opportunities and Constraints Plan, and comments from the Advisory
Committee, schematic concept plans were created and presented at each monthly meeting with
the Advisory Committee. During each meeting thoughtful feedback was provided, and the
schematic plans evolved into the Recommended Master Plan.
3.1 Concept Plan I
In January of 2021 CDM Smith presented the first Schematic Concept Plan (Figure 3‐1).
Approximately 50 straight in parking spaces were proposed around the existing drive and
staggered to reduce the overall width of pavement. It was proposed to selectively prune and
remove vegetation between the park and the bay to enhance and open views. The existing
hydrangea at the entrance should be pruned or removed and replaced with a low-growing shrub
so that the sightline leading into the park is not blocked. The playground area was proposed to be
increased in size and extend over the existing walkway to the east. Adjacent to the playground, it
was proposed to convert the abandoned visitor center to an open pavilion. The roof may be able
to be preserved and the walls removed though a thorough structural investigation would be
required. Stormwater and wet areas within the site are proposed to be handled by rain gardens.
This would be a sustainable way of encouraging stormwater to infiltrate and be stored in a
controlled space. It would also add interest and color to the site, while providing habitat to
pollinators and other species.
This space was intentionally left blank.
Conceptual Site Plan A
1/6/2021
Section 3 Schematic Concept Plans
3‐3
3.2 Concept Plan II
In February of 2021 CDM Smith presented the second Schematic Concept Plan (Figure 3‐2)
addressing comments from the Advisory Committee. It was recommended to include an asphalt
sidewalk along the access drive, providing pedestrian access from Old Kings Highway into the
park. The sidewalk along the drive would include a vertical granite curb to serve as protection
from potential conflict with vehicles. An additional asphalt walk would connect from the park
entrance around the open space on the southwest corner of the park and connect to the existing
mowed walk at windmill meadows. This asphalt walk would continue to the north and connect to
the shade pavilion, and other access throughout the site including the nature walk. All new
asphalt walking trails, parking spaces and drive aisle should be finished with a chip seal to
naturalize the appearance of the asphalt. A restroom with potential tight tank is located inside of
the shade structure. Vegetation on the eastern portion of the site would be selectively cleared to
expand the park and add potential passive seating areas. Large shade trees would be protected to
encourage shade but invasive species and understory would be removed. A new asphalt walk
would extend over the eastern existing walk through the existing stone wall and continue to the
gravel driveway that leads to Wing Island. The playground area was reduced in size so that it
would not extend the existing walk. This was requested from the advisory committee so that
there was a separation between children playing in the playground and the other users of the
park.
This space was intentionally left blank.
Section 3 Schematic Concept Plans
3‐5
3.3 Concept Plan III
In March of 2021 CDM Smith presented the third Schematic Concept Plan (Figure 3‐3)
addressing comments from the Advisory Committee. At the entrance to the park, it was
determined to include parallel parking spaces to accommodate three cars on each side of the
drive. The length of these spaces would also allow one bus to park on each side. Parking
arrangement was refined to maximize parking spaces while providing access to the open lawns. A
three-tiered parking strategy was proposed. At low volume, vehicles can park only in paved
parking spaces. During busier times, vehicles could park in the lawn areas between the paved
parking spaces. During large events one or multiple open lawn areas would be permissible to
park. An additional asphalt walk is proposed to connect to the sidewalk on Old Kings Highway
and run along the stone wall on the eastern side of the park. This walk would continue and
connect to the existing asphalt walk. Additional rain gardens were placed adjacent to the access
road to serve as vehicular control to keep vehicles outside of the open space lawns, except when
authorized by the town. It was recommended that accessible portable restrooms would be
included either inside the shade pavilion or directly outside. Outside of the gazebo band stand, a
small storage shed was proposed to house the band equipment. This structure would be set back
in the woods so that no views would be blocked of the bay.
4‐1
Section 4
Recommended Master Plan
Utilizing the data collected, Opportunities and Constraints Plan, and comments from the Advisory
Committee, and Schematic Concept Plan development, a Recommended Master Plan (Figure 4‐1)
was created. This plan was used to identify a phasing strategy and identify the Order of
Magnitude Project Budget.
4.1 Recommended Master Plan Overview
Final modifications were made to the previous schematic to incorporate all comments from the
Advisory Committee, adjacent user groups, and members of the community. It was determined
that the vacant gift shop will be converted to a shade pavilion or demolished to install a new
shade pavilion. Additional analysis is required to determine the feasibility of converting the
vacant gift shop to a shade pavilion. It was also recommended to analyze the gazebo to determine
the remaining life and provide improvement recommendations. Two accessible portable
restrooms are proposed inside of the shade pavilion. The front façade on the front of the vacant
gift shop will be protected to block views of the restrooms and keep the character of the historic
building. A bike rack and water fill station were added to the plan outside of the shade pavilion.
Park use areas were identified and a Park Use Area Plan was created (Figure 4‐2). This plan can
be distributed to vendors or event users of the park to instruct which open lawn space to utilize
or to park when the town grants permission.
Project goals include the following:
Preserve the character of the park and enhance the views of the bay.
Collaborate with the Brewster Historical Society and the Brewster Conservation Trust in
preserving the character of the complex and enhancing its use.
Plan for increased use and provide additional access to and throughout the park
Identify park use areas
Collaborate with local advisory committee representing the town and coordinate with
adjacent user groups
Design criteria was identified including the following:
New asphalt walking trails are to be 6 feet in width
New asphalt walking trails, parking and road are to be installed with chip seal
Understory to be selectively cleared against eastern stone wall
50 asphalt parking stalls to be provided
Section 4 Recommended Master Plan
4‐4
Native plantings and flowering trees to be utilized
Views of the bay are not to be blocked
4.2 Phasing Strategy
Due to the size and complexity of the improvements identified in the Recommended Master Plan,
it is planned that the park improvements will be implemented in two or more phases. Decisions
on what elements are to be prioritized will be determined by many factors including available
funds and community interest. For the purposes of this study, a Phase I Improvements Plan
(Figure 4‐3) was created. This plan can be implemented in several sub-phases. The majority of
the Recommended Master Plan is included in the Phase I Improvements Plan, however the
eastern walking path is planned for a future phase.
4.3 Order of Magnitude Project Budget
In order to plan for project funding and schedule, an Order of Magnitude Project Budget
(Appendix A) was created. The budget identifies estimated demolitions costs, material costs,
contractor costs for overhead and profit, engineering costs, and costs for analyzing the feasibility
of implementing improvement for the vacant gift shop and bandstand gazebo. A 25 percent
contingency is included in the budget to account for project unknowns. As the final design is
refined the contingency will be reduced and the elements to be included in the first phase of
implementation will be identified.
5‐1
Section 5
Conclusion
Obtaining feedback from the community is an important step in planning improvements to public
spaces. It is critical that members of the community and park users have a voice to inform and
educate designers about their priorities and needs. The improvements to Drummer Boy Park
were presented via zoom on April 26, 2021 to the public and positive feedback was received. The
Advisory Committee Met in May to review and discuss comments from the public. In Brewster,
the Select Board act as the Park Commissioners, and changes to the park are required to be
reviewed by the Selectmen prior to being presented at Town Meeting. On June 7, 2021 the
improvements to Drummer Boy Park were presented to the Select Board (Appendix B). The
Master Plan for Drummer Boy Park will be presented at the Town Meeting in the fall of 2021 for
approval.
A‐1
Appendix A
Order of Magnitude Opinion of
Probable Project Cost
Drummer Boy Park
Brewster, MA
Phase I
ORDER OF MAGNITUDE OPINION OF PROBABLE PROJECT COST
7/16/2021
Based on Phase I Improvements Plan dated July 2021
ITEM QUANTITY UNIT UNIT COST TOTAL
Site Preparation
Contractor Mobilization/Demobilization 1 ls $25,000.00 25,000$
Erosion and Sedimentation Control 1 ls $5,000.00 5,000$
Temporary fencing and safety signage 1 ls $5,000.00 5,000$
Demo Existing Playground 1 ls $10,000.00 10,000$
Clear and Grub/ Vegetation Selective Clearing (Approximately 80,000 square feet)1 ls $15,000.00 15,000$
Site Preparation Subtotal 60,000$
General Site Improvements
Bituminous concrete walkway 500 sy $45.00 22,500$
Full depth bituminous concrete access drive and parking with chip seal 2,300 sy $70.00 161,000$
Mill and Overlay bituminous concrete access drive and parking with chip seal 900 sy $35.00 31,500$
Renovate existing vacant gift shop or install new shade pavillion 1 allowance $200,000.00 200,000$
10' wide by 18' length storage shed on concrete 1 ea $15,000.00 15,000$
Granite Curbing with 6" Reveal 550 lf $45.00 24,750$
Concrete Pavers 1,400 sf $30.00 42,000$
Accessibility Improvements to Nature Trail 1 ls $15,000.00 15,000$
Two (2) 6' x 6' accessible portable restroom 2 ea $5,000.00 10,000$
Bench with Poured Concrete Pad 5 ea $2,700.00 13,500$
Rain Garden (Approximately 10,500 square feet)1 ls $50,000.00 50,000$
Loam and Seed Disturbed Areas 1 ls $5,000.00 5,000$
Plantings 1 allowance $50,000.00 50,000$
Signage 1 allowance $10,000.00 10,000$
Bike Rack on Concrete Pad 1 ea $4,000.00 4,000$
Miscellaneous Work and Cleanup 1 ls $20,000.00 20,000$
General Site Improvements Subtotal, rounded 674,300$
Project Subtotal 734,300$
Subtotal Direct Costs 734,300$
Div 01 (Gen. Cond.) and General Contractors OHP - 15% (Rounded ) 110,000$
ESTIMATED CONSTRUCTION COST, ROUNDED 844,000$
Contingency - 25%, (Rounded) 211,000$
TOTAL CONSTRUCTION COST, ROUNDED 1,055,000$
Engineering- 15%, (Rounded) plus $8K for existing building analysis, plus $25K for playground 60% design. 191,000$
ESTIMATED TOTAL PROJECT CONSTRUCTION COST WITH CONTINGENCY AND ENGINEERING 1,246,000$
1
B‐1
Appendix B
Drummer Boy Park Master Plan
Presentation, June 7, 2021
June 7, 2021
Drummer Boy Park
Master Plan
Chris Miller, Director
Dept. of Natural
Resources
James Veara,
Committee Chair
Michael Dodson, RLA
CDM Smith
David Young, P.E.
CDM Smith
Brewster Conservation Day
2
Town of Brewster purchased property in 1988.
Select Board act as the Park Commissioners, changes to the
park are required to go to Town Meeting for approval.
Initial Master Plan for Drummer Boy Park was presented at
the May 1, 1995 Town Meeting and was approved.
The existing museum/residence building was removed, and
the bandstand and playground were added.
A walking path through the grassy field was created and
later paved to allow better accessibility.
A trail through the woods behind the playground was also
established.
In 2020 the Select Board established the Drummer Boy
Park Advisory Committee to review the park and revise the
Master Plan. CDM Smith was hired by the town to assist
the committee in preparing the revised plans.
The new Master Plan will go to Town Meeting in fall 2021
for approval.
Project History
3
Advisory Committee – Thank you!
James Veara
John Kissida
Cherylanne Lombardi
Chris Miller
Patrick Ellis
Andrea Nevins
Tom Wingard
4
Hal Minis
Michael Gradone
Sally Gunning
Stephen Najarian
Denise Rego
Bob Smith
Patricia Hughes
Project Goals
Preserve character of the park
Enhance and preserve views of the bay
Increase use and access
Identify park use areas
Collaborate with local advisory committee representing the
Town
Plan development coordinated with adjacent user groups
This is your park!
5
Existing Park and Surrounding Area
6
Existing Park and Surrounding Area
7
Existing Vacant Gift Shop and Gazebo
8
Existing Playground
9
Drainage Challenges
10
Opportunities and Constraints
11
Proposed Improvements
Parking improvements
New playground
Improvements to vacant gift shop
Nature trail enhancements
Additional walking paths and seating areas
Drainage improvements
Identification of park use areas
Prioritized Phase I Improvements
12
Design Criteria
6-ft wide asphalt walking trails
Selectively clear understory against eastern rock wall
Provide 50 parking stalls using town requirements
Utilize native plantings and flowering trees
Do not block views to bay
13
Recommended Master Plan
14
Recommended Master Plan
15
Phase I Improvements Plan
16
Phase I Improvements Cost: Approximately $2 Million
Park Use Area Plan
17
Questions and Discussion
18
C-1
Appendix C
Meeting Minutes
s
[b
Locus Map, Massachusetts
PROPOSED RAISED BOARDWALKTO WING ISLAND AND ADJACENT TRAIL SYSTEMS CREATED BY: DAJ02/01/21CREDITS: MASSGIS
Proposed Elevated BoardwalkExisting TrailTidal Salt MarshTown of BrewsterBrewster Historical SocietyMuseum of Natural HistoryBrewster Conservation TrustUnpaved Road
J o h n W i n g T r a i lJohn W i n g T r a i l
D r u m m e r B o y P a r k T r a i l sDrummer B o y P a r k T r a i l s
W i n d m i l l M e a d o w sWindmill M e a d o w s
J o h n & K r i s t iJohn & K r i s t iHay T r a i lHay T r a i l
L e e B a l d w i n T r a i lLee B a l d w i n T r a i l
O s p r e y P o l e a n d W e b c a mOsprey P o l e a n d W e b c a m
C e d a r R i d g e T r a i lCedar R i d g e T r a i l
WING ISLANDWING ISLAND
QUIVETT MARSHQUIVETT MARSH
DRUMMER BOY PARKDRUMMER BOY PARK MUSEUM OF NATURAL HISTORYMUSEUM OF NATURAL HISTORY
W i l d f l o w e r G a r d e n s T r a i lWildflower G a r d e n s T r a i l
WINDMILL VILLAGEWINDMILL VILLAGE
0 0.1 0.20.05 Miles ±
Finance Committee Minutes
October 6, 2021 Page 1 of 6
TOWN OF BREWSTER
FINANCE COMMITTEE
Date: October 6, 2021 Time: 6:00 PM
VIRTUAL MEETING MINUTES
Present: Chair Pete Dahl, Vice Chair Frank Bridges, Clerk Bill Meehan, Honey Pivirotto, Robert Tobias,
William Henchy, Alex Hopper, Andy Evans
Also present: Mimi Bernardo, Finance Director; Peter Lombardi, Town Administrator; Donna Kalinick,
Assistant Town Administrator; Faythe Ellis, Community Preservation Committee; Jill Scalise, Housing
Coordinator
Absent: Bob Young
The Chair called the meeting to order at 6:01 pm and announced a quorum.
This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town
is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible.
The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster-ma.gov), or Video
recording (tv.brewster-ma.gov).
1.Public Announcements and Comment- none
2.Town Administrator/Finance Director Report
Peter Lombardi said it has been eventful past couple weeks. Following yesterday’s overwhelming vote in the
polls, we are moving forward with all that needs to be done for the Sea Camps purchases. We are working
toward the November 30th deadline for closing on both properties. There may be an open house some time in
December, once the Town officially owns the properties. We hope by the next Select Board regular meeting, we
will have a more solidified plan timeline over the next 6 months. We appreciate the Finance Committee support
at Town Meeting and all throughout this process.
Mimi Bernardo, Jim Gallagher, and Lisa Vitale completed their work with the taxes and tax rate re-cap being
officially submitted to the State. Mimi Bernardo said the tax rate re-cap was submitted on Friday, and it got
approved on Tuesday. Jim Gallagher and Lisa Vitale will work together to get the tax bills ready and out the
door. We are looking to get the bills out in the next couple of weeks, due in mid-November. Frank asked if
Unibank would shepherd the Town through the bond rating process. Peter Lombardi answered yes.
3.Discussion and Vote – Fall Town Meeting Warrant Articles
a.CPC Funding Requests – Faythe Ellis
b.Capital Spending Requests – Town Administrator
Approved:
VOTE:
Finance Committee Minutes
October 6, 2021 Page 2 of 6
Peter Lombardi said the print deadline for the Warrant is October 21st. There have been a couple articles that
have dropped off over the last few days. The FinCom meeting on the 20th will be the final opportunity to get
votes in for the Warrant Articles - 3 By-Laws - 2 Zoning and 1 General that the Planning Board is proposing.
We will have a draft Warrant for next Wednesday’s meeting.
a.CPC Funding Requests - Faythe Ellis addressed the Committee regarding the Community Preservation
Committee’s Warrant Article. She gave a brief overview of the CPC and the Community Preservation
Act. Since its adoption, the CPC has recommended and Town Meeting has approved funding for 27
historic, 29 housing, 14 recreation, and 19 open space awards. We are engaged in a project to create a
new 5-year CPA Plan for the Town. In the near term, the amount of requests will likely exceed CPA
funds. The goal of the CPA Plan will provide a framework for the Committee to guide future funding
decisions. In August, we hired Consultant JMGoldson. Jenn Goldson and her team have begun the
process of developing the Plan. Their work will include documenting our CPA past projects,
recommending strategies for project funding recommendations, reviewing Brewster’s funding formula
and possible changes to it and suggesting approaches for evaluating funding requests for regional
projects. October 27th at 5PM is our annual Public Hearing which is an opportunity for the Committee to
learn from the community about funding applications coming in the next twelve months and beyond.
Shortly after that, we will be hosting a Public Forum to go over the CPA Plan development.
Projects we are recommending for Town Meeting approval:
1a – Crosby Mansion ongoing reconstruction and restoration of the Mansion. The property is owned by the
State, with a long-term lease to the Town of Brewster and the Friends of Crosby Mansion. The funding request
is for $72,400. The CPC voted 7-0-0 in favor of the project.
2a – update the Town’s 2017 Housing Production Plan which will expire in June 2022. Housing Plans are
mandated by the State and our current Plan expires in June of 2022. Having an approved plan, allows the Town
to request the Department of Housing and Community Development’s Certification of Municipal Compliance,
often referred to as Safe Harbor. The funding request is for $25,000. CPC vote 7-0-0 in favor.
2b – Latham Centers request of $150,000 for the construction of supportive housing for their Strong Start in
Adult Living Program. They propose to develop 7 affordable studio apartments and 1 one-bedroom apartment
for live-in staff. The program will teach participants the skills necessary to succeed as independent adults. The
funding request is for $155,000 – the $5000 additional for CPC legal costs. CPC vote 7-0-0 in favor.
Honey asked about the 100% match from the State – but we are only expecting 50%. Faythe Ellis explained
over the past few years, the State Match was significantly less than the 100% match. Peter Lombardi answered
that over time, the funding source at the state level, as more and more towns joined, the state’s funds remained
static. They have come down significantly through the years. All the major municipalities in the
Commonwealth have joined – so imagine what those state contributions for the bigger towns look like. We
received a bonus allocation above the fixed rate the State had originally allocated.
Honey asked about how individuals can access the resources for the Latham Center’s Housing in this program
and is there any local priority. Faythe Ellis said Anne McManus is from Latham Centers and would be best to
answer this question. Honey has a second question regarding if this will count toward our available low income,
or assisted housing – how does that work? Jill Scalise answered this would be affordable housing as it does
meet one of the identified needs for individuals with disabilities. If it would count toward the Subsidized
Housing Inventory (SHI), it is unknown at this time. Latham Centers does have a home on the SHI and they
have worked with us well on this. Because this is a new program, we cannot guarantee these units will go on
our SHI. Faythe Ellis looked up the application saying they plan to partner with schools and Cape Cod
Community College – will be available for individuals from 17-22 years old as well as individuals from
neighboring communities. Honey said it would be useful to have someone from Latham to help us understand
Finance Committee Minutes
October 6, 2021 Page 3 of 6
how this benefits Brewster and how the other towns are participating financially. Faythe Ellis said so far, we are
the only community they have applied to for CPA funding. Bill Henchy wondered if Latham operated under a
40b application. Jill Scalise said this is primarily under an educational use, so it will not go under a 40b or
comprehensive permit project, it would be a primary use of Latham Center project. Donna Kalinick said that
DESE has a responsibility for this age group for placement after High School has ended. What makes this
different is that we don’t know how that would work out with all the fair housing requirements. We have asked
Latham to work with the Department of Housing to try to figure out. She mentioned the CPC participating in
the Cape Cod Village project where the placement for those units was through DDS, the Department of
Development, no towns had a local preference, but it was recognized that there was a need in the region and that
could best be accomplished by one of the town’s having this and it being able to serve some of the other towns.
It’s important to follow up with Anne McManus and her team with some of these questions. Pete said his
personal feeling is that this housing is important and working with Latham may not give us the local preference
we are talking about, however, if our community had children in need, these children would get the attention of
that program. Providing these services and this program would be part of DESE involving children up to age 23.
If the sense of the Committee was to hold off to hear from Latham regarding any questions, please speak up.
Frank said he doesn’t look at this as an affordable housing issue at all. Latham has been a part of this
community for a long time. The work they do justifies our support whether or not it has a connection with our
affordable housing goals. Alex agreed by saying Latham serves a very specific type of individual, and they have
a lot of residents in their program from around the country, so he is not caught up on the local preference
question. Bill Meehan agreed.
Bill Meehan MOVED to approve Article 10, Line 1A Crosby Mansion ongoing reconstruction and
restoration the amount of $72,400 to be transferred from Historic Preservation fund balance. Frank
Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Alex Hopper – yes, Honey
Pivirotto – yes, Andy Evans -yes, Robert Tobias – yes, Chair Pete Dahl– yes.
The Committee voted: 8-yes 0-no
Bill Meehan MOVED to approve Article 10, Line 2A Updated Brewster’s 2017 Housing Production Plan
the amount of $25,000 to be transferred from CPC Undesignated fund balance. Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Alex Hopper – yes, Honey
Pivirotto – yes, Andy Evans – yes, Robert Tobias – yes, Chair Pete Dahl– yes.
The Committee voted: 8-yes 0-no
Bill Meehan MOVED to approve Article 10, Line 2B Latham Centers for supportive housing in the
Strong Start in Adult Living Program the sum of $155,000 to be transferred from the CPC Undesignated
Fund Balance. Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – no, Alex Hopper – yes, Honey
Pivirotto – yes, Andy Evans – yes, Robert Tobias – yes, Chair Pete Dahl– yes.
The Committee voted: 7-yes 1-no
b.Capital Spending Requests – Peter Lombardi addressed the Committee – he said there is a high-level
summary on page 5 of the Packet. Peter Lombardi said we have developed a 5-year Capital
Improvement Program. It has been adopted by the Select Board looking at the upcoming Annual Town
Meeting out over the next 5 years. There is a plan in place for FY22, trying to get back to a somewhat
normal schedule. Our goal is to bring a majority of the Capital requests to Special Town Meeting in the
fall after the free cash has been certified by the State. He asked for Department Head feedback in terms
of what was new and different in terms of project amounts, needs, etc. Pricing has changed in some
instances, some projects have been deferred, others have come online more recently. We certified Free
Finance Committee Minutes
October 6, 2021 Page 4 of 6
Cash over this summer at an all-time high of $4.5M. Special Town Meeting 1.5 week ago appropriated
$1.95M of that toward the acquisition and operating costs of the Cape Sea Camps. Our total free cash
appropriations for Capital we are seeking at the November Town Meeting is $950,000. Our overall
philosophy, we are anticipating a little over $1.5M of total free cash appropriation for fall and next
spring which lands us at about $1.1M closing out the fiscal year which is consistent with our financial
reserves. He went through all the requests:
DPW – $200,000 drainage and road maintenance which helps supplement Chapter 90 funds; $90,000 for water
compliance which is standard for the Town’s compliance for Federal regulations in terms of storm water;
$50,000 for landfill monitoring; two $10,000 requests for mowers; and $250,000 to purchase a new front-end
loader.
Bill Meehan MOVED to approve DPW Capital Request Budget in the amount of $610,000 – source of
funding is Free Cash. Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Alex Hopper – yes, Honey
Pivirotto – yes, Andy Evans – yes, Robert Tobias – yes, Chair Pete Dahl– yes.
The Committee voted: 8-yes 0-no
Police – $145,000 for vehicle replacement; $25,000 for ballistic vest replacement; and $55,000 for cruiser video
replacement as well as body video equipment.
Bill Meehan MOVED to approve Police Department Capital requests in the total amount of $225,000 to
be sourced from Free Cash. Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Alex Hopper – yes, Honey
Pivirotto – yes, Andy Evans – yes, Robert Tobias – yes, Chair Pete Dahl– yes.
The Committee voted: 8-yes 0-no
Facilities – no requests
Technology - replacements and upgrades request for $50,000. Bill Meehan said that sounds reasonable to him,
but his question would be that he would like to see some supporting documentation because Capital
requirements in IT can get fuzzy. He doesn’t want to audit anything but wants to make sure we are allocating
enough funds. Peter Lombardi said that would be something they can provide.
Bill Meehan MOVED to approve IT requested Capital in the amount of $50,000 to be funded from Free
Cash. Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Alex Hopper – yes, Honey
Pivirotto – yes, Andy Evans – yes, Robert Tobias – yes, Chair Pete Dahl– yes.
The Committee voted: 8-yes 0-no
Honey asked about the Long Pond boat ramp which appears to be deferred, wanting to understand the timing on
that? Peter Lombardi said this is a project that has been long discussed and there have been earlier
appropriations, but he can assure you that there has been progress made on this. The new DPW Director, Griffin
Rider is an engineer by trade and he and Connor Kenney, our new Project Manager, are helping to move the
project forward. The schedule right now is to have design finalized over the winter and be in a place for solid
cost estimates related to construction. It is a high priority in outstanding Capital Projects.
Select Board - $50,000 for design and permitting for a new elevated boardwalk to Drummer Boy Park our to
Wing Island. The Town received a $50,000 grant from the State, we have a $30,000 contribution from BCG
Finance Committee Minutes
October 6, 2021 Page 5 of 6
from an anonymous donor, a $15,000 in kind in staff time with a total request of $50,000 from Free Cash for
permitting and design.
And a reappropriation of funding of $235,000 for two uses, feasibility study for a community center and a
potential consolidation elementary study. Looking to repurpose the leftover funds in anticipatory amounts for
the Sea Camps Properties – $185,000 for the Comprehensive Plans.
Bill Meehan MOVED to approve under the Select Board Capital Budget an appropriation of $50,000 to
be funded from Free Cash for the Wing Island Boardwalk design. Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Honey Pivirotto – yes, Andy
Evans – yes, Robert Tobias – yes, Chair Pete Dahl– yes.
The Committee voted: 7-yes 0-no
Alex Hopper did not vote as he left the meeting before the vote was taken.
Bill Meehan MOVED to approve Capital Expenditure sum of $185,000 under the Select Board Budget
with funding source already appropriated – Article 3, 1a from the November Special Town Meeting.
Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Honey Pivirotto – yes, Andy
Evans – yes, Robert Tobias – yes, Chair Pete Dahl– yes.
The Committee voted: 7-yes 0-no
Assessor – valuation services are required by the DOR. Looking at the new 5-year contract. We will have a
definitive number by Town Meeting.
Bill Meehan MOVED to approve the Capital request of $80,000 for the Assessor’s Department to be
funded from Overlay. Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Honey Pivirotto – yes, Andy
Evans – yes, Robert Tobias – yes, Chair Pete Dahl– yes.
The Committee voted: 7-yes 0-no
Recreation -
Bill Meehan MOVED to approve the Recreation Department Capital Request in the sum of $20,000 to be
funded from the Recreation Revolving Fund ($5,000) and Free Cash ($15,000). Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Honey Pivirotto – yes, Andy
Evans – yes, Robert Tobias – yes, Chair Pete Dahl– yes.
The Committee voted: 7-yes 0-no
4. Review and approve Finance Committee Annual Report 2020
General committee consensus – the report looks fine. Robert had two things: 4th paragraph and the 9th both talk
about cost benefit analysis, might want to combine that. One question of fact, the 7th paragraph says Finance
Committee controls the Reserve Fund, the last sentence says appropriation depends on the majority vote of the
committee – needs to be stated correctly – perhaps quorum or quantum of vote? Pete will work on that
language. He will look at that in the morning and issue it. Frank said we don’t have a committee if we don’t
have a quorum.
5.Liaison Assignments/Reports - none
Finance Committee Minutes
October 6, 2021 Page 6 of 6
6. Review and Approval of Minutes – 9/17/21 & 9/22/21
Bill Henchy MOVED to approve the 9/17/21 Minutes as presented. Bill Meehan second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Honey Pivirotto – yes, Andy Evans – yes, Robert
Tobias – yes, Bill Henchy – yes, Chair Pete Dahl– yes.
The Committee voted: 7-yes 0-no
Bill Meehan MOVED to approve the 9/22/21 Minutes as presented. Bill Henchy second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Honey Pivirotto – yes, Andy Evans – yes, Robert
Tobias – yes, Bill Henchy – yes, Chair Pete Dahl– yes.
The Committee voted: 7-yes 0-no
7. Request for agenda items for future meetings – please email Pete
8. Matters Not Reasonably Anticipated by the Chair- none
9. Next Finance Committee Meeting – October 13, 2021
10. Adjournment
Bill Meehan MOVED to adjourn the meeting at 8:03 PM. Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Honey Pivirotto – yes, Andy Evans – yes, Robert Tobias
– yes, Bill Henchy – yes, Chair Pete Dahl– yes.
The Committee voted: 7-yes 0-no
Respectfully submitted, Beth Devine
Packet of supporting materials on the website for public review.