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HomeMy Public PortalAboutPlanning Board Packet 11/02/21Town of Brewster Planning Board 1011 11 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov 0001* r ! l ``' z y' _ (508) 896-3701 x1133 MEETING AGENDA �rOR i i p \, November 2 2021 at 7:00 PM (Remote Participation Only) Planning Board Paul Wallace Chair Charlotte Degen Vice Chair Madalyn Hillis -Dineen Clerk Roberta Barrett Mark Koch Elizabeth Taylor Senior Department Assistant Lynn St. Cyr This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a,record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.aov), or Video recording (tv.brewsler-ma.uov), Meetings may be joined by: 1. Phone: Call (929) 436-2866 or (301) 715-8592, Webinar ID: 841 0778 1002. Passcode: 612505. To request to speak: Press *9 and wait to be recognized, 2. ZoomWebinar: httos://us02web.zoom.us/i/84107781002?owd=VTVSV1ExaUNCL253NmNZV21Gdmo4dz09 Passcode: 612505. To request to speak: Tap Zoom "Raise Hand" button or type "Chat" comment with your name and address, then wait to be recognized, The Planning Board packet can be found at: htto://records.brewster-ma.gov/weblink/0/fol/118269/Row1.aspx or by going to the Planning Department page on the Town of Brewster website (www.brewster-ma.gov). 1. Call to Order. 2. Declaration of a Quorum. 3, Meeting Participation Statement, 4. Citizens Forum. Members of the public are invited to address the Planning Board during this time. The Planning Board asks that a 3 minute maximum comment period be respected by the speaker. In order to avoid any possible interpretation of a violation of the Open Meeting Law, the Planning Board will not provide comment in return to the speaker, however the item may be moved to a future agenda if discussion is deemed warranted. 5, Discuss and vote on proposed Planning Board Stormwater Management Regulations, 6. Discuss proposed Stormwater Management General Bylaw and revote Planning Board recommendation, as needed. 7. Discuss public outreach and education on proposed bylaw amendments on stormwater management, water quality protection district, and floodplain district. 8. Discuss town meeting procedures including presentation of proposed bylaw amendments on stormwater management, water quality protection district, and floodplain district. 9. Approval of Meeting Minutes: October 13, 20211 10. For your Information. 11. Matters Not Reasonably Anticipated by the Chair. 12. Next Meetings: November 10, 2021 and December 8, 2021. 13. Adjournment. Date Posted: Date Revised: Received by Town Clerlc: 10/ 29/ 21 STORMWATER MANAGEMENT PUBLIC COMMENT Lynn bt. From. Sent. To: Cc: Subject: Attachments: Dear Brewster Planning Board, John Keith <john.keith@brewsterponds.org> Thursday, October 28, 2021 3:17 PM brewplan Kari Hoffmann; Susan Bridges Comments on Proposed Stormwater Bylaw and Stormwater Management Regulation Stormwater reg comments 10-2&21.docx Attached are the comments and suggestions of the Brewster Ponds Coalition regarding the Proposed Stormwater Bylaw and Stormwater Management Regulation. As you probably know, the Brewster Ponds Coalition is a local non-profit organization with a mission of protecting the health, beauty, and enjoyment of Brewster's Ponds. We have over 400 local members, all concerned about protecting our ponds and water resources. Consistent with our mission, we are in general in full support for a bylaw and management regulation to address stormwater. Stormwater runoff can carry silt, fine solids, nutrients and bacterial contamination to our ponds and marine waters. Stormwater has been identified as a significant contributor to degradation of our ponds. The BPC believes that effective management of stormwater is essential to protect and preserve water quality, ecological health and enjoyment of Brewster's ponds — a valuable recreational resource and major attraction of Brewster. We have a number of specific questions, concerns and suggestions regarding the proposed bylaw and regulation, as given in the attached. Thank you for your consideration of our comments. John Keith Vice President, Brewster Ponds Coalition 1 October 26, 2021 To: Brewster Planning Board From: John Keith — Vice President, Brewster Ponds Coaon Subject: Proposed Stormwater Bylaw and Stormwater Management Regulation The Brewster Ponds Coaon (BPC) expresses its full support for a bylaw and management regulation to address stormwater. Stormwater runoff can carry silt, fine solids, nutrients and bacterial contamination to our ponds and marine waters. Stormwater has been identified as a significant contributor to degradation of our ponds. The BPC believes that effective management of stormwater is essential to protect and preserve water quality, ecological health and enjoyment of Brewster's ponds — a valuable recreational resource and major attraction of Brewster. The following are the comments and questions of the Brewster Ponds Coalition regarding the above proposed Bylaw and Management Regulation. Definition of Impervious Surface -Overall the various definitions in the proposed bylaw and regulation appear appropriate. However, the definition of "Impervious Surface" should be clarified. How much of an increase in runoff results in a condition that "significantly impedes the infiltration of water into the underlying soil"? Is a change in the runoff coefficient from, say, 5% to 10% significant? 1% o2%? 20% to 40%? Without clear guidance, there is likely to be confusion and inconsistency in interpretation. Perhaps an increase of over 10% or 20% should be defined as "significant". Related to the above comment, we note that the paving of a gravel or shell driveway is proposed to be exempt providing that the total area is less than 10,000 sq. ft. and any expansion is less that 500 sq. ft. This is based on the view that such driveways are already impervious. However, the perviousness of such driveways varies with the type of installation, degree of compaction and age. In general, new gravel or shell driveways allow for significant infiltration of rain into the underlying soil, but this perviousness decreases over time as the driveways become compacted. In any case, paving will increase imperviousness of such driveways — perhaps, say, for a young (e.g. less than 2 years old) driveway from 50% to 95%, and for older driveway from 80% to 95%. Exempting such paving seems contrary to the purpose of the bylaw and regulation. The BPC believes that such paving should not be exempted, as paving will result in increased runoff that can endanger our ponds. We note that stormwater management features can generally be included in driveway pavement projects, such as directing runoff to a swale or rain garden, and that if such features are not practical due to site conditions, there is a waiver process included in the proposed regulation. The above comments also raise the question of now other common outdoor features at houses and other developments should be considered — features such as brick or stone walks, Belgian block aprons, loose stone patios, slate or flagstone patios with spaces between the stones, etc., where some increased runoff may occur, particularly in heavy rains, but in general rainfall will soak into the ground (similar to what happens with decks with soil beneath — a construction feature also exempted, appropriately.) Where such features are stand-alone projects and less than 500 sq. ft., clearly they are below the applicability threshold. However, it will be fairly common that such features will be part of a larger project totaling over 500 sq. ft., so there should be clarity about how they will be .considered. Is any such construction to be included in the impervious surface calculation and required mitigation measures? Is paving of such features (e.g. converting a brick walk to a paved walk) to be exempt as proposed for paving stone or shell driveways? As with paving of driveways, the BPC believes that the more protective (of our water resources) interpretation should be taken. The applicability triggering a minor stormwater permit is a total land disturbance for an entire project) of 10,000 sq. ft. or more (~1/4 acre) and/or an increase in impervious surface of 500 sq. ft, or more. These limits seem generous — i.e. less protective than they could be. For example, these limits would allow for the clearing of natural vegetation and installation of a quarter acre of lawn with no permit. Such a lawn could result in significant use of fertilizer and pesticides, which in turn could impact ponds and groundwater. The 500 sq. ft. impervious threshold would allow for construction of 20 x 25 ft. addition (or small house) with no consideration of stormwater impact — a substantial project. The BPC recognizes that there must be some level of small project that does not require a stormwater permit, and that setting the threshold for such de minimis projects is a judgment call that must consider both the water quality benefits and the administrative and cost burdens on the town and residents. Overall, the BPC thinks that the 500 sq. ft. threshold for impervious surface increases is reasonable. However, we believe the 10,000 sq. ft, threshold for land disturbance is too high; a 5,000 sq. ft. threshold (e.g. 50 x 100 ft. area) would be more appropriate and protective of our ponds and water resources, while still allowing considerable leeway for small projects. Major permits are triggered when a project's total land disturbance (for an entire project) is 20,000 sq. ft. or more (�1/2 acre) and/or the increase in impervious surface is 2,000 sq. ft. or more. This 2,000 sq. ft./20,000 sq. ft. threshold allows for a quite substantial development, such as a nice 30 x 40 ft. Cape Cod style house (maybe 1,800 sq. ft. total including both floors), plus a 12 X 40 ft. driveway and 200 sq. ft. for walks and maybe a garden shed. And the builder could also put in a 0.4 acre lawn - all under a minor permit! Clearly it is a judgment call as to where to set the thresholds for a major permit. The BPC considers the 2,000 sq. ft. threshold for new impervious surface reasonable, as it allows modest houses (or substantial additions) without unduly burdening the builders or owners who may be of more modest means), while requiring more substantial (and more engineered) stormwater measures for truly large houses or developments. On the other hand, the BPC believes the stormwater management regulations should discourage overly large lawns, which are known to often present risks to groundwater and ponds due to use of fertilizers and pesticides. The BPC would prefer to see the overall disturbed area threshold triggering a major stormwater permit set at 10,000 sq. ft. — a still large ~% acre but not nearly presenting the same risk to ponds and groundwater as ~1/2 acre. We note that the administrative authority —the "Stormwater Authority" -for the. stormwater management permit program, as per Section 3.2, is the Planning Board unless the proposed project comes under the jurisdiction of the Wetlands Protection Program, in which case it is the Conservation Commission. In section 5.1.a of the proposed regulation it states that the "Designated Agent" for minor stormwater permits is the Town Planner, Director of the DPW, Conservation Administrator or Building Commissioner. This division of responsibility for administration of the stormwater permit program seems to open the possibility for confusion as to who is in charge, and perhaps inconsistent administration or some items "falling through the cracks." The BPC suggests that clear responsibility be given to one department or group, with one designated agent, so there is consistency of administration and good record-keeping. Perhaps the Conservation Commission and Conservation Agent are the appropriate Stormwater Authority and Designated Agent, as their remit is closely tied to protection of groundwater, ponds, wetlands, streams and the seacoast — i.e. the resources intended to be protected by this program. Waivers —The BPC supports the ability for the approving Authority to grant a waiver from the mitigation requirements for stormwater runoff increases related to projects. Certainly there could be some projects or site conditions where the mitigation requirements are not possible or do not make sense. We also think it is reasonable that waivers for minor permits be able to be granted by the Designated Agent (presumably the Town's Conservation Officer), rather than the full Conservation Commission, in order to keep the administrative burden low. However, it should be made clear that the waiver is only from the mitigation requirements, not from the requirement to obtain a minor or major stormwater permit. One consideration may be worth including in the waiver consideration: location. Consider projects being done in areas where runoff from any impervious surface addition 1) does not drain to ponds, streams, wetlands, beaches or the sea, 2) does not drain to roads or parking lots that drain to these, and 3) actually flows to natural vegetation areas where it can be expected to go down into the soil. In this case, the impact of the runoff from the impervious area is the same as if it were discharged to a rain garden or other stormwater management feature. Such a case is likely to be reasonably common for additions or new single family homes in many areas of Brewster. A waiver for such a case would seem reasonable i.e. a waiver stating that due to location considerations, the runoff from new impervious surfaces will have no net environmental impact even without a stormwater management feature. The BPC agrees with and supports the requirements for Construction Site Stormwater Management. This includes requiring such management practices for minor permit projects. The list of Post -Construction Stormwater Management mitigation measures for minor projects is good. As discussed above, the BPC thinks that such measures should also be applied to and are generally possible for driveway (or walk) paving projects, and so such projects (e.g. paving stone or shell driveways) should not be exempted from minor permits if the total project is over 500 sq. ft. of new impervious area. In particular, rain gardens, vegetated swales and/or pervious pavement are generally practical for such driveway projects (and for additions and small houses) at a reasonable cost. We note that the performance standard stated in the proposed regulations for minor permit mitigation measures — i.e. the ability to retain 1 inch of rain runoff from the increased impervious area of the project. This seems a reasonable standard. It is clear how this standard could be applied to rain barrels, rain gardens and swales that provide retention capacity, but it is unclear how this would be applied to pervious pavement, infiltration trenches or drywells, where stormwater retention is not the aim, but rather are intended to facilitate the rapid infiltration of rain runoff into the underlying soil. Perhaps the design standard should be clarified — e.g. for stormwater management features (like pervious pavement, infiltration trenches and dry wells), the feature should have capacity to infiltrate the runoff from new impervious areas generated from a 1 inch per hour rainfall or more (a pretty good storm.) The post -construction performance standards for major permits and redevelopment projects seem appropriate and of course follow the guidance of the Massachusetts Stormwater Standards. Thank you for the opportunity to comment on the proposed Stormwater Bylaw and Stormwater Management Regulation. The BPC wants to work with the Town to protect our water resources. Lynn St. Cyr From: Paul Anderson <panderson@brewster-ma.gaov> Sent: Tuesday, October 26, 20212:04 PM To: Kari Hoffmann <khoffmann@brewster-ma.gov> Cc: brewplan@brewster-ma.gov. <brewplan@brewster-ma.gov.>; Peter Lombardi <plombardi@brewster-ma.gov> Subject: RE: Proposed Stormwater Management Bylaw Good Afternoon Kari, I have reviewed the proposed Stormwater Management bylaw and I think its well written. The purpose and objectives are clearly defined as is who will administer them. The regulations make sense, and the exemptions seem reasonable. I think the only topic that could have varying opinions is the applicability section but that is often a section that attracts attention. I support the bylaw overall and would have little objection if the applicability portion was modified slightly if deemed necessary. Best -Paul From: Kari Hoffmann <khoffmann@brewster-ma.raov> Sent: Friday, October 22, 2021106 PM To: Paul Anderson <panderson@brewster-ma.gov> Subject: Proposed Stormwater Management Bylaw Good Afternoon, Paul, It was great speaking with you regarding the proposed Stormwater Management Bylaw. Please feel free to review and comment and, also, share with Commission Members, as appropriate, and others who may have an interest in this process. The Brewster Select Board is in the process of bringing a general Stormwater Management Bylaw before voters at Town Meeting on November 15. As the Select Board liaison to the Brewster Planning Board, I am reaching out to you. The Planning Board has been hard at work on this project, along with? zoning bylaws, and would like some input from stakeholders. I am attaching Town Meeting Warrant -Article 9 with commentary. The Planning Board is in the process of completing the accompanying regulations (DRAFT also attached.) It would be helpful to the Brewster Planning Board if you would review the documents and send your questions/comments to brewp/anC�brewster-ma.gov, If you are available, please consider attending the upcoming meeting of the Planning Board on Wednesday October 27 at 7:00 PM. Information can be found on the Brewster Town Calendar at https://www.brewster-ma.gov/. This is a public meeting, and anyone can attend and share their thoughts. Please let me know if you have any additional questions or need any other information. Thank you so much for your comments. Best regards, Kari Kari S: Hoffmann Brewster Select Board Town of Brewster 2198 Main Street Brewster, MA 02631 1