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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. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 862 2956 9696 Passcode: 565167 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: https://us02web.zoom.us/j/86229569696?pwd=MUhJNGpoU3VocTZ0cTU0VGpYcWdVQT09 Passcode: 565167 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. 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 DRAFT September 16, 2021 Page 1 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 2 of 29 Section 1. Purpose The purpose of these Regulations is to protect, maintain, and enhance public health, safety, environment, and general welfare by establishing minimum requirements and procedures to mitigate the adverse effects of 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 3 of 29 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. Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 4 of 29 (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. Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 5 of 29 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; Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 6 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 7 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 8 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 9 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 10 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 11 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 12 of 29 “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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 13 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 14 of 29 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. Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 15 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 16 of 29 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. Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 17 of 29 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. Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 18 of 29 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. Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 19 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 20 of 29 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). Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 21 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 22 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 23 of 29 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, Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 24 of 29 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. Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 25 of 29  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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 26 of 29 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 Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 27 of 29 be indicated on the plan.  If applicable, a map showing the location of the site overlaid on the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) for the Town of Brewster, or other appropriate information pertaining to location of the floodplain and floodway boundaries in relation to the site.  Appendix containing all drainage calculations for existing and proposed conditions, including hydrologic analysis of the site, hydraulic analysis of the proposed drainage system, and calculations supporting the design of all BMPs that will control stormwater runoff pollutants, peak rates, and volumes.  Massachusetts Department of Environmental Protection (MassDEP) Checklist for Stormwater Report, stamped and signed by a registered Professional Engineer (PE) licensed in the Commonwealth of Massachusetts to certify that the Stormwater Management Plan is in accordance with the criteria established in the Massachusetts Stormwater Management Standards, Brewster Stormwater Management Bylaw, and these Regulations. Operation and Maintenance Plan An Operation and Maintenance (O&M) Plan, in accordance with the Massachusetts Stormwater Management Standards, shall be included with the Stormwater Management Plan. The purpose of the plan is to identify the actions necessary to ensure that stormwater management systems and BMPs function as designed, in perpetuity. At a minimum, the O&M Plan shall contain:  The name(s) of the Owner of all components of the system, and the name(s) and address(es) of the Responsible Party for O&M of each component, if different from the Owner.  A plan that is prepared to scale and shows the location of all stormwater management system components and all discharge points.  A description of all BMPs, including proper operating parameters and how the Owner will determine if a BMP is not functioning properly.  A description of long-term source control and pollution prevention measures.  An inspection log and a description of all inspection and maintenance procedures, responsibilities, and frequencies. Where applicable, this schedule shall refer to the Maintenance Criteria provided in the Stormwater Handbook or the EPA National Menu of Stormwater Best Management Practices or equivalent;  An inspection and maintenance schedule for all routine and non-routine maintenance tasks to be performed.  Minimum qualifications for personnel that will perform inspections and maintenance.  Snow storage procedures and locations in accordance with the MassDEP Snow Disposal Guidance, dated December 11, 2020, as amended. Snow shall not be stored or disposed of in any proposed stormwater BMP.  A list of easements held to access any BMPs. Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 28 of 29  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. Town of Brewster Stormwater Management Regulations DRAFT September 16, 2021 Page 29 of 29 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.