HomeMy Public PortalAboutPlanning Board Packet 11/10/21Planning, Board
Paul Wallace
Chair
Charlotte Degen
Vice Chair
Madalyn Hillis -Dineen
Clerk
Roberta Barrett
Amanda Bebrin
Mark Koch
Elizabeth Taylor
Senior Department
Assistant
Lynn St. Cyr
Town of Brewster Planning Board
2198 Main St., Brewster, MA 02631
brewplan@brewster-ma.gov
(508) 896-3701 x1133
MEETING AGENDA
November 10, 2021 at 6:30 PM (Remote Participation Only)
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 (iivestream bmwster-
ma. ov , or Video recording (tv.brewster-maa gov).
Meetings may be joined by:
1. Phone. Call (929) 438-2866 or (301) 715-8592. Webinar ID: 8410778 10D2. Passcode: 6125D5.
To request to speak: Press *9 and wait to be recognized.
2. Zoom Webinar., httos.1/us02w b.zoom.us1U8410 7810024nwd=VTVSV1ExaUNCL253NmNZV210dmo4dzD9
Passcode: 612505.
To request to speak: Tap Zoom 'Raise Han_ button or type "Chat" comment with your name and address, then wait to
be recognized.
The Planning Board packet can be found at: htta:11records.4rewsler ma-goyhvebllnk/01falt1182691Rowl.asox or by going to the
Planning Department page on the Town of Brewster website (www.brewster-ma.00v}.
1. Call to Order.
2. Declaration of a Quorum.
3. Meeting Participation Statement.
4. Citizen's Forum. Members of the public are invited to address the Planning Board during
this time. The Planning Board asks that a 3 minute maximum comment period be
respected by the speaker. In order, to avoid any possible interpretation of a violation of
the Open Meeting Law, the Planning Board will not provide comment in return to the
speaker, however the item may be, moved to a future agenda if discussion is deemed
warranted.
5. Discuss and vote on proposed Planning Board Stormwater Management Regulations.
6. Discuss proposed Stormwater Management General Bylaw and revote PIanning 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: November 2, 2021.
10. Presentation of 2021 Open Space and Recreation Plan (OSRP) by Krista Moravec, Senior
Planner, Horsley Witten Group, vote on 2021 OSRP, and discuss letter of support to the
Division of Conservation Services.
11. For your Information.
12. Matters Not Reasonably Anticipated by the Chair.
13. Next Meetings: December 8, 2021 and January 12, 2022.
14. Adjournment.
Date Posted: Date Revised: Received by Town Clerk:
11/04/21
_P.REVS IR1CLEk
21 rL,
STORMWATER MANAGEMENT REGULATIONS
Town of Brewster
Stormwater Management Regulations
Table of Contents
Section1.
Purpose........................................................................................................................2
Section2.
Definitions...................................................................................................................2
Section3.
Authority..................................................................................................................... 2
Section4.
Applicability ................................................................................................................ 2
Section5.
Administration............................................................................................................. 3
Section 6.
Performance Standards................................................................................................ 9
Section?. Construction Inspections ...... ...... ... ..................................................................... 141-3
Section 8. Long -Term Operation and Maintenance............................................................... 154-4
Section9. Surety ..................................................................................................................... 1746
Section10. Severability............................................................................................................1746
Appendix A. Definitions....................................................................................................... 184-7
Appendix B. Stormwater Management Plan Checklists....................................................... 224
Appendix C. Fee Schedule...................................................................................................3024
Town of8rewsterStorm water Managemenl Regulations
DR4PT9otober W&vember5, 2021 Page 1of30
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 Conservation Commission shall be the
authority to implement and enforce this Bylaw. The Stormwater Authority may designate
an agent to enforce this Bylaw.
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
Town of Bremler Stormwater Management Regulalimis
DRAFT 9etebe-22&vember S. 2021 Page 2 of 30
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. Activities that do not require a Stormwater Permit
include, but are not limited to:
Paving an existing gravel, crushed shell, or dirt driveway, road, or parking area, provided
that the area of land disturbance is less than 10,000 square feet and the expansion of
impervious surface area is less than 540 square feet. Gravel, crushed shell, and dirt
driveways, roads, and parking areas are defined as impervious surfaces per Appendix A
of these Regulations and .4272-2 of the Stormwater Management Bylaw.! TAerefore,
paving of those surfaces does not constitute creation of new impervious surface area;
• Construction or repair of subsurface septic system components; and
• Replacement of an existing roof.
Proposed raised decks may be excluded from the calculation of new impervious surface area if:
• The ground area beneath the proposed deck is presently bare ground or landscaped,
including lawn, and is proposed to remain pervious,
• There will not be a roof constructed over the proposed deck, and
• The proposed deck will he constructed in such a manner to allow rainfall to pass through
to the ground below. An example of this is the typical wooden deck with expansion
spaces between the boards that form the deck surface.
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 540 square feet to
2;0992 500 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 by the
Designated Agent of the Stormwater Authority. The Town Planner, Conservation
Administrator, Department of Public Works (DPW) Director, or Building
Commissioner• shalt 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.
Town of&eivsierSrannwarerManagemem Regulations
DRAFT GWobor-.12 ovesher 5 2021 Page 3 of 30
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) Digital and 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 in accordance with the Fee Schedule in
Appendix C of these Regulations.
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. Phe 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.
(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 §530. 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.
Taim afBrewsier Siormwaier Managemenr Regul000m
AUFT GAi"hes 9Noi ember S. 2021 Page 4 of 30
Commented [LK1]: Will request Town Counsel review of
this section
(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 (5) business 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) business 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 thirty
(30) business days. The excess amount, including interest, shall be repaid to
the Applicant or the Applicant's successor in interest. For the purpose of these
Regulations, 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,
Town ofRrewsrerSlormwater Management Regulations
DRAFT Oember•2Orm- m 5 2021 Page 5 of 30
Commented ILtt2]: Mote that time periods are now
qual>i'iedas "busiaessdays' except for"days' under
ConstructionSite Stormwater Management
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 Meetings
A. A public meeting is not required for Minor Stormwater Permit applications.
B. For Major Stormwater Permit applications, the Stormwater Authority shall hold a
public meeting 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 a coordinated public meeting on all jurisdictional
project aspects in accordance with its own regulations and procedures.
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 or after receipt of expert review by outside
consultants if deemed necessary in accordance with Section 5.3.B.
(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;
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 meeting as described in Section 5.45-6 and
shall be subject to any review fees or additional submittal requirements as
specified in these Regulations.
Town ofBrewsrerStormwarer Management Regutanons
DRQ n- 'Oermbso— November 5 2021 Page 6 of30
B. Major Stormwater Permit
(1) The Stormwater Authority shall take,final action within thi 30 business
calendar days from the public meeting as described in Section 5.6, 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.
et;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 or t the Stormwater
Authority chair or other designated Stormwater Authority member, as
consistent with the Stormwater Authority (Plannin Board or Conservation
Commission) Standard procedures. Commented[LK31:Pleaseconfirmthiswoatmglsok
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
require the Applicant to apply for a new permit. Any request for extension shall be
submitted in writing no later than thi 34 business 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 meeting
Town ofBrervslerSlommater Management Regulations
DA417" ^ ' p ;?Nm ember S. 2021 Page 7 of 30
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.
5.14. 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
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
Town pfBrewsterStonnwalerManagernenl Regulatrons
DRAFT Astaba►�22Nove)nher 5 2021 Page 8 of 30
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 meeting 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 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.
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. At a minimum, controls for erosion, sediment, and
construction wastes shall be implemented to prevent nuisance conditions, such as
sediment or debris washouts onto abutting properties and public rights of way.
B, For Major Stormwater Permits, projects shall implement practices to control
construction -related erosion, sedimentation, and wastes in accordance with the most
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, andfor 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. Suffers and other restricted areas shall be maintained
Town ofBrewster&ormwaterManagwnew Regulations
DRAFT S. 2021 Page 9 of 30
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 he 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,-ar-hosed or
otherwise deposited 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 stone drains. Inlet
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.
Town ofBreivsterSMnnwater Management Regolaimm
DRAFT 64-+obex-NNovember 5 2021 Page 10 of 30
(10)Dewaterine: 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 Mang eg ment: 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. Dumpsters shall not be allowed
leak or otherwise discharge to any stormwater conveyance. storm drain inlet,
or waterbody 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
Projects that do not involve the development or redevelopment of impervious surfaces are
exempt from meeting Post -Construction Stormwater Management performance
standards.
A. Minor Stormwater Permits
(1) Projects eligible for Minor Stormwater Permits shall evaluate and, unless
impracticable, 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 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
Town of bvivsler Slarmwater Management Regulahons
DRAFT Owebek-_VNovwnber 5 2021 Page 11 of 3a
the property. The Applicant may select a BMP type including but not limited
to:
i. LlmWrviousxca disconnectiAo
tii_Rain barrel for roof runoff
t+ Rain garden
+ii=iv_Pervious pavement
4.y_Dry well
-Nvi. Infiltration trench
vi vii. Vegetated swale
(3) Stormwater BMPs shall be designed in accordance with the Massachusetts
Stormwater Handbook and shall have a storage volume equivalent to I inch
multiplied by the net increase in impervious surface area or by 500 square feet
of impervious surface area, whichever is greater. Sizing of infiltration BMPs
may be adjusted using a BMP sizing tool provided by the Stormwater
Authority.
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
in&asible.
(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
"NOAA Pius". The following table lists the precipitation depths by design
storm for Brewster.
Town of BrewsterStoninvalerManagernenl Regtrlatram
Dk4 TOa49hv-22November5 2021 Page 12of30
Commented [LK4]: Description and design standards will
be detailed in a fact street as part of the educationailtechnical
assistance materials
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
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
i. 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
i. Providing a combination of retention and treatment that achieves the
above standards.
(7) Redevelopment
Redevelopment activities that are exclusively limited to maintenance and
improvement of existing roadways (including widening less than a single
lane, adding shoulders, correcting substandard intersections, improving
existing drainage systems, and repaving projects) shall improve existing
conditions unless infeasible and are exempt from the requirements of
Section 6.2.C(7)b.
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
Town of Brewsler Stmmwater Management Regidanom
DRAFT 9We&eF23h6zvsrtber 5 2021 Purge 13 of 30
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, 4.8 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 Stormwater Management 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.
77. Inspections will be conducted by a "qualified person" from the Stormwater Authority or a
Town afBreivslerSlormwater Management Regulations
DRAFT ^-vrr berQNoro?? beo 5 2021 Page 14 of30
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
pollution prevention, who possesses the appropriate ski Its 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 five (5) .'."business
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. For Minor Stormwater Permits, the Permittee shall maintain post -construction stormwater
BMPs to ensure that they continue to function as intended.
8.2. For Major Stormwater Permits, the Permittee shall meet the following requirements.
8.3. 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 Major Stormwater Permit issued under these Regulations.
8.4. To ensure adequate long-term operation and maintenance of stormwater management
practices, the Stormwater Authority or Designated Agent may require Permittees to
Town ofBrewsrerSlormwarerManagemem Regrrlarrons
DRAFT Ooowhw j=November 5 2021 Page 15 of 30
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,
QBJEstablish a dedicated fund or escrow account in the form of a Bond, Insurance Policy,
or similar instrumentality, to he 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.
13C. Pay to the Town an amount specified by the Stormwater Authority in compensation
for its acceptance of ownership of privately constructed BMPs.
&D. 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.
8.5. Recording
For Maior Stormwater Permits. Tthe 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.
8.6. 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.
8.7 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
Town ofBrewsrer Stormwarer Management Regulations
DRAFT November 3 2021 Page 16 of 30
f Commented [LKS]: Deleting because reduadmi. with A.
Commented ILK6]: will request review by Tmvn Comsat
thi 34 business 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 Major Stormwater
Permit issued.
Section 9. Surety
For Major Stormwater Permits, 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, §53GW. 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.
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 Slormwgier i4lanageJnepr Regularrons
DRAh7 gere§er• 22 ovember S. 2021 Page 17 of 30
Appendix A. �Defluitlons
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 "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 pl an,
9apaiP.le FllFA-ing f14Lleetil t}�I erefit�ieries l3rrtliller rrt
DESIGNATED AGENT: Staff of the Planning, Conservation, Public Works. 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
Town of1iretvsrer Stormwater Management Regrdarions
DRAFT 9eJe8er-1lNav—nber 3 2021 Page 18 of 30
Commented 11.1(71: Defmitionsreviewed and edited to
match the bylaw.
Commented 1LK61: This de8nitioniscomectbat does not
match the definition in the bylaw, which should have been
edited.
APPLICANT, Any person, individual, partnership,
association, Gin company, corporation, trust, authority,
agency, department, or political subdivision, of the
Conunonwealth or the Federal government, to the extent
permitted by law, rcqucsting a Land Disturbance Permit or
Administrative Land Disturbance Approval
during pre -construction and construction related land disturbing activities.
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)
Town ofBrewlerS+ormivater Management Regulohons
DRAFT Beoehor- -2 ]NOyember 5.2021 Page 19 of 30
STORMWATER DISCHARGE PERMIT: A permit issued by the Environmental Protection
Agency that authorizes the discharge of pollutants to Waters of the United States.
NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not
previously been developed to include impervious coversurface.
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 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.
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: The Town of Brewster Planning Board or its authorized
agent(s), acting uursuant to the Town of Brewster Stormwater Management Bylaw (Chanter 272)
Town of Breivsrer3raw+warer Management Regulations
DRAFT 0oiehsF 9Navember 5.2021 Page 20 of 30
to administer, implement, and enforce the Bylaw and to adop' regulations pursuant to it.
Rrosv,.ster' .
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
Permit have been met and that a project is currently in compliance with the conditions set forth
in the permit.
STORM WATER PERMIT: A permit issued by Me Stormwater Authority. after review of an
application, plans, calculations and other supporting documents. in accordance with the
provisions of,i-Pi tite Town of Brewster
Stormwater Management Bylaw (Chapter 272)-p;-4W;(; �rxFlai}}dl4 rill }u� l ! i xi I } t#rd ng
rk'}iti3 h^e}f�Y�iFikf'fl� ,
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.
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 iurisdiction of the
Commonwealth, including, without limitation riwer; ,Irc.icvS lakra _porulti, spring. ,
impoundments, estuaries, wetlands, coastal waters, groundwater, and Waters of the United States
as defined under the Federal Clean Water Act as hereafter amended.
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 ofBrewslerSiormu wer Management Regulations
DRAFTBetelnen QNovemBer 5.2021 Page 21 oj39
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 Apel icant shall submit one di i tal opy and two (2) printed copies of th; Minor Permit
application package. The Minor Permit application package shall include:
A. Completed Application Form with original signatures of all property owners;
B. Narrative (a paragraph or two) describing the proposed work including:
(1) Existing and proposed site conditions (including structures, vegetation, and
drainage),
(2) Proposed land disturbance area, existing impervious surface area, and proposed
impervious surface area;
(3) Proposed low impact development practices, and
(4) Proposed measures to control erosion, sediment, and wastes during
construction and to mitigate any long-term stormwater impacts.
C. For proposed stormwater BMPs, if applicable, calculations for the stormwater volume
to be managed. The volume may be calculated using the following formulas, or using
an online a BMP sizing tool provided by the Stormwater Authority:
(1) Stormwater volume (cubic feet) = impervious surface area (square feet) x t
inch x 1 foot/ 12 inches
(2) Stormwater volume (gallons) = stormwater volume (cubic feet) x 7.48 gallons /
cubic foot
D. For proposed stormwater BMPs, if applicable, a description of anticipated
maintenance activities and schedule to ensure that the Stormwater BMP continues to
function as intended. A stormwater BMP maintenance guide, provided by the
Stormwater Authority and customized as needed for the project, may be used to meet
this requirement.
E. Oiw-diL41ai i0 d.t drawing, map, or plan that shows.
(1) Existing site features including structures, pavement, trees, plantings, and
stormwater management systems, etc.;
(2) Proposed work including proposed stormwater management systems and limits
of disturbance; and
(3) Proposed erosion and sedimentation controls.
Town ofBrewslerStarmwaterManagement Regulations
DRAFT Qatober-22NOVember S. 202) Page 22 of 30
Major Stormwater Permit Applications
The 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.
The applicant shall submit one digital cony and twelve ( 12) printed copies of the Stormwater
Management Plan. Stormwater Management Plans submitted for consideration shall contain the
following minimum components:
1. Site Plan;
2. Stormwater Management Report; and
3. Operation and Maintenance Plan.
More information than the minimum required herein may be required h•, the Stormwater
Authori , 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.
Site Plan
The Site Plan shall be prepared to fully detail and explain the intentions of the Applicant. Site
Plan sheets shall be prepared at a standard scale (1" = 20', 1" = 90', or 1" = 80', whichever is
appropriate to the size of the proposal). All sheets 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,
Landscape Architect, or a Surveyor, of Wilt, as appropriate to the data
The Site Plan shall include the following sheets (pages), at a minimum:
Existing Conditions Sheet
The Existing Conditions sheet 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, prepared at a scale not smaller than I"= 1200' and a minimum extent of one
Town of Bvewsrer Stomnvaler Managesrenl Regrrtaoom
DRAFT O,obor-,=Kovember S 2021 Page 23 of 30
mile diameter. Major streets, buildings, brooks, streams, rivers, or other landmarks
should be shown on the Locus 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
development. Logs of observed groundwater elevations and other test data shalt 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 four (4) inches in diameter at breast height (4'/a feet above grade), 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 spccialist, 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 I and Zone II as defined in the
Brewster Water Quality Protection Bylaw, Chapter 179 Article M.
• Location of all existing above- and below -ground utilities and all associated
Town of Brewster Stonnwater Management Regulations
DRAFT Betebex!?November 5.2021 Page 24 of 30
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.
• Stomtwater flow direction.
Proposed Conditions Sheet
The Proposed Conditions sheet 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 sheet. 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,
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 four (4) inches in
diameter at breast height (4% feet above grade) to be removed.
• The location and type of all above -ground and below -ground utilitjes.
• 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.
• Stonnwater flow direction.
Erosion and Sediment Control Sheet
The Erosion and Sediment Control sheet 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 sheets.
The proposed development information shall be shown in a darker line weight.
7bwn of BrewsterSlormwaferManagement Regulations
DRAFT 5.2021 Page 25 of 30
• 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.
• 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. 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 Sheet
The Construction Details sheet should provide information regarding the component parts of the
construction, illustrating how they tit together. The sheet 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 funuture, 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.
Town of Brewster Slorntwater Management Regulanow
DRAFT 9stabaP 2 November 5 2021 Page 26 of 30
• 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 MassDQT 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
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 pollutants) of concern.
• Description of the existing and proposed soil conditions (including Hydrologic Soils
Group [HSG] classification published by the National Resources Conservation
Service [MRCS]), 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.
Torun of Brewsrer Srormwarer Managenenl Regrrlarrom
DRAI,70aoberZz2NovemberS. 2021 Page 27of30
• 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
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 flan
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
Town of Brewster Slormwater Management Regulations
DRAFT 0etoba-2-Movet� hoer 5 2021 Page 28 of 30
system components and all discharge points.
• A description of all BMPs, including proper operating parameters and how the Owner
will determine if a BUT 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.
• 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 BrewsferS onnwafer Managemenf Regidallow
DRAFT Qwobey- 22yd.orember 52021 Page 29 of 30
Appendix C. Fee Schedule
Fee
Minor Stormwater Permit Application $50
Ma or Stormwater Permit Application 13100
Consultant Services and Technical Review I Determined on a case-bv-base basis
Town ofBrewsrerSlormwalerMunagernenl Regirlarrons
DRAFT 9erober,VNovember S 2021 Page 30 of30
2021 OPEN SPACE AND RECREATION PLAN
(SEE EMAIL FOR LINK TO 2021 OSRP)
Horsley Witten Group
Sustainable Environmental Solutions
55 Dorrence Street • Suite 200 • Providence, RI 02903
401-2724717 • horsleywitten.com
MEMORANDUM
To: Brewster Planning Board
From: Krista Moravec
Date: October 21, 2021
Re: Letter of Support for the 2021 Open Space and Recreation Pian
Attachments: 2021 Open Space and Recreation Plan, Planning Board Letter of Support for 2014 Plan
In March 2020, the Town of Brewster began the update of its 2014 Open Space and Recreation Plan
(OSRP). A working group leading this effort includes Chris Miller, Natural Resources Director, Mike
Gradone, Recreation Director, Elizabeth Taylor, Planning Board and Open Space Committee member, and
Jessica Rempel of the Cape Cod Commission.
Development of the update required public engagement and consultation with current and ongoing
planning initiatives that supported the enhancement and maintenance of the Town's open space and
recreational resources, including the Town's 2018 Vision Pian. Outreach to residents Involved a
community survey available from April to May 2020, and a public forum the following June. A draft OSRP
was submitted to the Massachusetts Division of Conservation Services (DCS) in July 2020 and comments
were received in early 2021. A second public forum was held in June 2021 and the survey was reopened
for that month to capture any new comments and feedback from residents.
The working group is now seeking letters of support from Town Boards and Committees, including the
Planning Board, as part of the plan's final submission to DCS. For reference, the letter of support from the
Planning Board for the 2014 OSRP is attached.
I look forward to a discussion of how the OSRP aligns with the objectives of the Planning Board and your
role in its implementation.
HorsleyWitten.com 91 @HorsleyWittenGroup ® Horsley Witten Group, Inc.
,P%XAV1jPYW .
2 �ylEwgrMJ�
_sem d n
January 9, 2014
Town of Brewster
2198 Main Street
Brewster, Massachusetts 02631-1898
(SQA) $96-3701 ext. 1233
brewplan@town.brewstor.ma.us
Ms. Melissa Cryan
Division of Conservation Services
Executive office of Energy and Environmental Affairs
100 Cambridge Street, 9"FI.
Boston, MA 02114-2150
RE; Draft Open Space Plan Update — 2013
Dear Ms. Cryan:
Planning Born -d
On behalf of the Brewster Planning Board, I would like to congratulate the Open Space Committee, the
Recreation Commission and the Conservation Commission for their commitment to the completion of an Open
Space Plan Update. I would like to thank Planning Board member Elizabeth Taylor for her dedication In working
with the Horsley Witten Group an this Important update.
The Board voted on January 8, 2014 to endorse the Plan for submission to the State. The Plan demonstrates the
Town's land steward values. The Plan provides boards and committees the necessary data for ongoing actions
and for preservation and protection of the Town's open spaces. This update will assist the Planning Board as it
moves ahead with Its Local Comprehensive Plan. Thank you everyone for your hard work and commitment to
the pian.
Sincerely,
Ems"
William Hoag
Chairman, Planning Board
Cc, Open Space Committee, Conservation Commisslon, Recreation Committee,
Board of Selectmen, Planning Board, Horsley Witten Group
Letter In Suppail of Open Space-Rec Lgalote 7074 Flnat
Brewster 2014 Open Space & Recreation Plan 98 Town of Brewster
March 7, 2014
DRAFT MEETING MINUTES, NOVEMBER 2, 2021
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BREWSTER PLANNING BOARD
MEETING MINUTES
Tuesday, November 2, 2021 at 7:00 pm
Brewster Town Office Building (virtual)
Chair Paul Wallace convened a remote meeting of the Planning Board at 7:00 pm with the following members participating
remotely: Roberta Barrett, Amanda Bebrin, Charlotte Degen, Madalyn Hillis -Dineen, Mark Koch, and Elizabeth Taylor. Also
participating remotely: Lynn St. Cyr, Senior Department Assistant, Kari Hoffmann, Select Board Liaison, Donna Kalinick,
Assistant Town Administrator, Griffin Ryder, Superintendent, Department of Public Works, Chris Miller, Director, Department
of Natural Resources, and Davis Walters, Building Commissioner.
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), Livestrearn (livestream brewster=ma gov), or Video recgl'ding (tv.brewster-ma.gov).
The Planning Board Packet can be found at: http:/lrecords.brewster-ma.covlweblink/O/fol%��8269/Rowl.as,ax.or by going
to the Planning Department page on the Town of Brewster website -;www 16,66"" ster-ma.gov).
Wallace declared that a quorum of the Planning Boal was present.
7:03 PM CITIZEN'S FORUM
No citizen comments.
7:04 PM PLANNING DISCUSSION''
Discuss and vote on nror:osed"Plannin-i Board Stormwa, r flit n tiF'.r}.Fin �c,!Ajlations
Documents:
+ 09/16/21 Review of stormwater permit fees
• 10/22/21 Stormwater Management Regulations
• 10/22/21 Email from Lori Kennedy attaching RrOP Fact Shepts
• 10/26/21 Email from Paul Anderson, Superintendent, Vgoier Department
+ 10/26/21, Letter from John Keith, Vice President, Brewster Ponds Coalition
+ 11/02/21 Comparison of Min or:and Major Stormwater Permit Requirements
• 11/02/21 Aerlal'photos of impervious surfaces in Brewster
Lori Kennedy and Mark Nelson of the Horsley.Witten Group participated in the meeting.
Nelson reviewed topics of discussion for the Meeting. He stated that in the Board's discussion on thresholds for major
and minor permits, they may want t6look 1:0.the Water Quality Protection bylaw and use 2500 SF of impervious cover as a
threshold.
Kennedy reviewed the stormwater management bylaw. She noted that the bylaw includes thresholds at which a project
must apply for a stormwater permit. The bylaw also lays out exemptions and definitions. The threshold are 500 SF of net
impervious surface area or a land disturbance of 10000 SF to trigger a stormwater permit. The MS4 permit requires a
land disturbance of one acre. The 500 SF and 10000 SF thresholds proposed in the Brewster bylaw are based on
requirements contained in other town bylaws. Kennedy noted that exemptions were included in the draft regulations and
include paving an existing gravel or crushed shell driveway or parking area unless expanding beyond 500 SF. Wallace
confirmed with Kennedy that a new gravel or crushed shell driveway would be considered imperious. Additional
exemptions include repair and installation of a septic system, repairing an existing roof, installing solar panels on your roof
or ground mounted solar panels of less than 500 SF or solar panels over an existing parking lot. Installation of a solar
farm would most likely trigger a stormwater permit due to size. Installation of decks are exempt if they are raised,
PB Minutes 11/02121 Page 1 of 7
designed without a roof, pervious underneath and designed to allow rain to flow through. Wallace confirmed with
Kennedy that buildings and parking lots are considered impervious.
The Board reviewed the thresholds for minor and major permits. Kennedy reviewed thresholds that exist in other
Brewster bylaws. Kennedy stated that there are stormwater management requirements under staff review, site plan
review, water quality protection district, and wetlands protection district bylaws. Kennedy stated that all development
within the DCPC and wetlands protection district triggers stormwater management requirements. Town -wide, for
commercial, industrial, or multifamily uses, stormwater management is required for clearing of more than 10000 SF of
vegetative ground cover, an increase in floor area by greater than 500 SF or an increase in lot coverage by more than
10%, alteration to a parking facility having 10 or more spaces (2500-3000 SF of impervious area) and an increase in
impervious area of 2500 SF or more than 15% of the parcel whichever is greater. Nelson noted that the 2500 SF or 15%
of the parcel being impervious area trigger requires review by the Water Quality Review Committee and a Special Permit
from the Planning Board. The Water Quality Protection District bylaw also requires any project within its jurisdiction to do
stormwater management. The requirements are similar to those proposed for'a'major stormwater permit including
managing water quality and infiltrating stormwater runoff through vegetative areas
Kennedy stated that any project that falls under the jurisdiction of the MA Wetlands Protection Act is required to meet MA
Stormwater Standards and design under the MA Stormwater Handbook. The MA'Stormwater Standards do not apply to
single-family homes or development or redevelopment of single-family dwellings on four or fewer lots provided there are
no stormwater discharges to critical areas. The Conservation Commission does have requirements similar to what is
Proposed for a minor permit for those projects not required to meet the MA Stormwater Standards.
Nelson stated that the Board may want to review the impervious surface threshold for a minor permit which is currently
500 -2000 SF and consider changing it to 500-2500 SF to be consistent -with other bylaws It may; help address concerns
regarding impacts to smaller projects. Nelson stated that the Board should consider this threshold for projects town -wide.
Bebrin asked which bylaw would apply since the -current conservation regulations do not apply to single family homes.
Nelson stated that they would possibly overlap. Chris, Millet:°responded and stated that when a house is being built with
the Conservation Commission's jurisdiction strict standards'apply -... He referenced the notice of intent application which
requires engineered site plans and often requires drip:.;edges or drywells. Milier also stated that the engineered plans
need to include a statement from the engineer that there -will be no.,Moact to areas -of jurisdiction. Miller stated that the
proposed regulations will be consistent w4h:,the intent of'i 0I. e'tlands protection bylaw
Hillis -Dineen read a letter dated October 26, ;21 from Johi `Ojth, Vice President of the Brewster Ponds Coalition (BPC)
into the record.
Wallace responded to:the'request in the BPO letter to reVlse the definition of impervious surface and stated that the
definitions are in both the bylaw, arld%7egulail' and the 15 (aW+r has already been printed in the warrant He further stated
that he does not want to make the bylaw morelgr6nular than it needs to be.
The Board reviewed the:Mministrative authority comment raised in the letter. Taylor asked for feedback from the
consultants on the BPC letter
Wallace stated that there are five areas of{the`letter that need to be addressed: 1. Definition of impervious surface; 2.
Thresholds; 3. Administrative authority; 4..Waivers; and 5. Performance standards.
Kennedy stated that the definition for irYipervious surface is already defined in the bylaw. It is standard practice to
consider compacted gravel and crushed shell driveways as impervious. Wallace asked if change in runoff coefficient
should be considered in the definition and Kennedy responded that including that information would make it extremely
complicated to implement the bylaw. Griffin Ryder stated that it would be hard to apply a standard percentage because
every site varies. Ryder further stated that it would also be hard to apply a blanket percentage due to the runoff
calculations that will need to be made. Miller stated that conservation staff are not engineers so the process would
become more complicated, and an outside engineer may need to be involved to review the calculation. He does not
believe that is the intent of the bylaw.
The Board discussed the comment from the BPC that a single authority be designated to administer stormwater
management. Wallace stated that he felt naming a group was good and he would leave it to the administrators to
designate the appropriate person. Bebrin stated that applications come in through several channels so there are a
PB Minutes 11/02/21 Page 2 of 7
number of designated agents. Bebrin stated that strong, consistent regulations and checklists are needed so regardless
of who is reviewing the outcome is the same.
John Keith of the Brewster Ponds Coalition stated that the BPC supports good, strong stormwater regulations. Keith
agrees that it would be difficult to have a technical standard for an increased stormwater runoff coefficient. Keith stated
that in reviewing runoff he hoped things such as sidewalks and brick versus slate would be considered. He asked for
more definition as to what counts and what doesn't count as pervious surface and that technical guidance be provided to
homeowners Regarding administrative authority, Keith stated that it should not be a burden on residents to go from
agency to agency and he would like to see one central location with consolidated records.
Wallace responded to Keith's comments on impervious surfaces and stated that he saw that as an education piece that
would take place between applicants and administrators. Kennedy stated that additional information and examples such
as design of a patio could be included in the regulations. Kennedy will review, additional language to add to the
regulations.
Degen commented that in general it is good to have one receptacle for information and one agent in town government to
oversee the system. There is a good argument for a single authority to be either the Conservation Agent or the Town
Planner. Kennedy stated that it made sense for the Planning Department and the Town Planner to be the record keeper
and the coordinator. The Town Planner is the coordinator for siaff.,review so it may make sense to extend that role to the
stormwater bylaw. The applications would be streamlined avid administered with other applications in process. St. Cyr
asked for clarification on how the process would work with'the:Planning Department being the coordinator and expressed
concern regarding accepting applications for review on behalf 'of the Conservation Commission. Miller stated that
residents come into various town departments to review projects for their.property. Town staff 'steer residents down a
certain permitting path and at that time the resident should be advised that a stormwater permit may be needed. Miller
stated that the Conservation Department should' ' "ridle any stormwater applications that fall within their jurisdiction.
Town departments can share permit information. -A,new:gatekeeper does not need to be established. Wallace agreed
that departments could coordinate efforts. He stated-thaf.the Town Planner should be the administrator unless it is in
conservation jurisdiction. Degen stated that there is currently coordination between the departments so this process
should work.
The Board discussed the comment: received from the BPC regarding waivers.- A waiver based on location was suggested.
Kennedy stated that she would like to see this.suggestion implemented as a -performance standard not a waiver. Itis
referred to as impervious surface.disconnection.: Kennedy stated that it is considered a low impact development practice
to pitch paved surfaces and direct r fnoff into.a natural vegetated ;area where it can soak in. She would suggest it be
added as a mitigation `practice: as part of the -permit process not as>a waiver. Taylor asked for clarification as to whether
this would be an eXemption or a Minor permit: Kennedy stated that, for projects that fall within the minor permit category,
an option could. be.'to direct all runoff into a pervious surface. Miller stated that it could be considered for minor projects
but should be reviewed further. It may work for. the first house in a development but as development continues there will
be no place for the- runoff to go and it could create: uhanticipated consequences. Ryder stated that for the option to be
approved it would need to. be backed up by an engineering calculation that shows that the pervious area being used for
the impervious runoff ca6"handle the discharge. Keith stated that he agreed with the approach to include a performance
standard as part of a minor- permit with a backup calculation. Bebrin stated that she also supported this approach.
Wallace asked if administrators would determine whether this performance standard could be used. Kennedy stated that
she would look for language in the MA,Stormwater Handbook that could be used to determine whether the performance
standard could be applied. Ryder stated -that staff would work with engineers on calculations. Wallace stated that if the
calculations require an engineer, it may be more cost efficient for the applicant to use best management practices.
Nelson stated that a performance standard for impervious disconnection is beneficial, and he can work on a calculation
and design sheet to provide to applicants. He suggested keeping the impervious disconnection out of the waiver process.
The Board discussed comments from the BPC regarding the performance standard of retention of 1 inch of rain runoff
from the increased impervious area of the project. Kennedy stated that it made sense to take into consideration the
infiltration rate when handling sizing calculations for such things as dry wells. Best management practice cheat sheets will
be prepared to help those applying for permits, specifically minor permits which may not have engineer involvement.
Wallace directed the Board to Section 6.2 paragraph 3 and questioned whether pervious pavements were designed for
storage volume equivalent to 1 inch. Keith suggested that sheets offering practical guidance to applicants on infiltration
trenches and drywells would be helpful since the 1 -inch retention does not apply to those features. Kennedy stated that
PB Minutes 11102121 Page 3 of 7
infiltration trenches and drywells could be designed as described in the regulations. Guidance sheets could clarify the
design options for applicants.
Taylor asked for feedback on the comments in the BPC letter related to lowering the major permit threshold of 20000 SF
of land disturbance activity to 10000SF. Keith stated that in general the BPC is concerned with large lawns and fertilizer
and pesticide runoff from those lawns. Nelson responded that the area of land disturbance is established in part to
manage erosion and sediment when areas are cleared. In both minor and major permits, there is an evaluation of where
the water is going and how it is best managed. The threshold established is a judgment call for the Planning Board to
make. Nelson felt the 20000 SF threshold was reasonable. Keith expressed concern for construction that is being done
away from ponds. He stated that the Conservation Commission has construction within their jurisdiction well covered but
its the projects that happen away from the ponds where runoff travels to the ponds that is a concern. This is one of the
reasons the BPC would like to see a lower threshold. Wallace stated that he thought a lot of projects were going to fall
under a major permit under the current thresholds when the minor regulations would be sufficient. He would like to see
the thresholds raised. Bebrin noted that the 10000 SF threshold is included in the bylaw. Bebrin stated that the minor
permit is going to manage a lot of the runoff concerns raised.
Wallace stated that he believes the major permit requirements will t:e an extreme burden on applicants. He stated that he
regrets that there has not been more feedback from the public on the bylaw and regulations. Koch stated that there could
be a financial burden to applicants filing for a major permit. Ina conversation with a local engineer, it was estimated that
the plans required for a major permit could cost between $200045000. Wallace stated that it was not always an easy
process to find an engineer and get the work completed.
Nelson stated that minor and major permits will address runoff to ponds. Ina conversation with the former Town Planner,
Nelson was advised that there were lots in the town were clearing 20000 SF would create a sig' cant impact. This was
considered in establishing the current thresholds. Wels.on stated that he believes there is some icrease in costs to
design for stormwater management but not a significant new cost if y&,;are designing and constructing a home.
Barrett directed the Board to aerials provided by the consultants and noted that they were helpful to review for the
threshold discussion. She specifically noted the project at the corner of Route 6A and Underpass Road. Barrett also
stated that she agreed that the costs for stormwater design would not all be new expenses as some expenses would
already be incurred such as surveying the property. Barrett is comfortable with the current thresholds for major and minor
permits related to land disturbance.. Wallace responded and noted that the project at Route 6A and Underpass Road
included 35 parking spaces. If the parking area is removed, the building would still trigger a major permit which Wallace
stated was unreasonable. Wallace stated that he is more comfortable with the 2000 SF land disturbance for a major
permit than the 2000 SF impervious area addition He stated that 2000 SF is too low.
John O'Reilly, a local engineer, stated that the Board is correctiat projects that fall within the Conservation
Commission's jbrisdiction will require some stormwater management design. He is concerned about homes that do not
fall in that jurisdiction but may fall within an. area such as the DCPC and will be required to meet the major permit
standards. The inspections alone could take approximately 1.5 hours of engineer time. O'Reilly stated that the
requirement of having certain documents recorded at the Registry of Deeds is an added cost as well. O'Reilly stated that
he liked the idea of giving the homeowner examples of how to meet the performance standards. O'Reilly suggested
another tool for mitigation could be to allow applicants to reduce their law size by a certain percent.
Bebrin stated that one of her concerns has been the number of inspections required and whether these inspections are
duplicating work already being done by the engineer on Building Department. Kennedy responded that there are four
inspections listed in Section 7.6 of the regulations and they are consistent with the MS4 permit. The notifications listed in
Section 7.8 are not required by the MS4 permit and should be deferred to town staff as to whether they should all be
required. Miller responded that these inspections are similar to those being completed for projects within the
Conservation Commission's jurisdiction. Miller stated that the Conservation Commission also requires an as built plan be
provided by a professional engineer confirming that the work was completed in accordance with the requirements.
Wallace stated that he is considering 500 -10000 SF as the minor impervious threshold and 10000 — 30000 SF for the
minor land disturbance threshold. Wallace stated that he believes all the sensitive areas in town are already covered by
rigorous regulations. Miller responded that 10000 SF of land disturbance seems reasonable to trigger a minor permit and
he believes most single-family family homes will fall under the minor permit threshold. Wallace responded that in his work
with the Planning Board, gravel driveways were considered pervious and after reading the regulations and realizing they
would be considered impervious he decided a higher threshold should be considered.
PB Minutes 11/42/21 Page 4 of 7
Keith stated that the intent of the regulations is to encourage people to reduce the addition of impervious surfaces and
with higher thresholds you may encourage more impervious surfaces. Keith suggested a 5000 SF would be more
encouraging of adding pervious surfaces.
Nelson stated that the average driveway is 1200 SF so constructing a driveway will always fall under a minor permit. If
you add another 1200-1800 SF for a home, you'll fall under 2500-3000 SF of impervious coverage. Nelson stated if you
increase the threshold to 10000 SF you are allowing commercial and industrial projects to take advantage of the minor
permit requirements. Nelson further stated that a commercial lot gets more traffic typically and there is a higher pollution
load coming off those properties, so a higher level of design and inspection is appropriate. He also stated that these
standards are already applying to projects under the water quality review bylaw. Nelson stated that a 2500 SF threshold
would be consistent with the water quality review bylaw. He stated at this threshold very few single-family homes would
trigger the major permit.
Taylor stated it was important to remember the intent of the bylaw is to protect our natural resources, groundwater, and
ponds Taylor stated that there are costs to development and regulations cannot be ignored because there are costs
involved.
Degen supports the increase to the impervious surface threshold to -2500 SF. Debeh.believed there was merit to the
argument that there is added pollution from commercial properties that needs to be considered. She would leave the
other threshold as is
Hillis -Dineen stated that the thresholds could always be raised but it would be more difficult to lower them She stated
that there is an education piece that the Conservation Commission could provide to all of us on:r-hitigation. Hillis -Dineen
suggested starting off conservatively and reevafLa'f'hg.if needed. She would agree to raising the impervious surface
threshold to 2500 SF.
Barrett stated she also supports the 2.500 SF impervious surface threshold.'
Wallace stated that he believes the regulations will restrict new housing and businesses.
The Board took a straw poll and Hillis -Dineen, Bebrin, Barrett, gegen, and Koch supported the increase of the impervious
surface threshold to 2500 SF. Taylor and Wallace did not vote'on the increase.
The Board discussed the land disturbance threshold and.decided-no change was necessary. The threshold will remain as
10000 - 20000 SF:for a minor permit and over 20000 SF will trigger'a major permit.
Kennedy reviewed additional edits made.to the;bylaw including procedural changes as a result of conducting public
meetings not public hearings and change`s, to construction site stormwater management performance standards.
Kennedy will review the definitions to mok&"sure they ,ere consistent in the bylaw and regulations.
St. Cyr stated that no additional public comment was received during the meeting.
Kennedy also noted an addition to Section 7 regarding roadway projects. Kennedy stated that the Board should also
discuss fees.
Wallace read an email dated October 26, 2021 from Paul Anderson, Superintendent, Water Department into the record.
St. Cyr noted that the fees were proposed at $50 for a minor permit and $100 for a major permit. The Board supported
those fees.
Bebrin stated there was a note in the current draft to discuss tree diameter on page 24. The Board agreed with the 4
inches diameter currently included in the regulations.
The Board decided they would like to review a final draft of the regulations at their next meeting on November 10111.
Nelson stated that changes to the regulations could be made in time for the November 10111 meeting. Guidance
documents and sample applications would not be available in time for the meeting.
PB Minutes 11/02121 Page 5 of 7
Wallace stated that he would like to see the language on the disconnected impervious surfaces added to the regulations
for review. He stated that the educational documents should be separate from the regulations and can be reviewed at a
later date.
Kari Hoffmann, Select Board Liaison, stated that she is glad the Board will vote on the regulations at their next meeting as
that was a priority members discussed at the last meeting. She thanked everyone for their work and the community for
their input
9:15 PM PLANNING DISCUSSION CONTINUED
Discuss proposed Stormwater Management General Bylaw and revote Planning Board recommendation.
Documents:
• 90/08121 Stormwater Management Bylaw
The Board decided to hold off on discussing the bylaw until the final draft of the regulations were reviewed.
9:16 PM PLANNING DISCUSSION CONTINUED
Discuss public outreach and education on o osed bylaw amendments on stormwater management, water cli ,alit
protection district, and floodplain district
Nelson stated that work is ongoing on outreach materials. Feedback is needed from town staff before the documents are
presented to the Board and made available on the town website: Keith stated that the BPC is happy to be a resource to
assist with public outreach and education. Hoffmann stated:•tljat there will be opportunity.to do education at Town Meeting
possibly through a power point presentation or with handouts;:':'.`Wallace stated he would lik6to see the information shared
on the website and through email. He stated people are not pay'ing.attention'to this with other things that are going on in
town and some will be surprised. Degen stated.that if the outreach documents were not complete it would still be
beneficial to see drafts.
9:21 PM PLANNING DISCUSSION CONTINUED
Discuss town meeting procedures including resentation of proposed bylaw amendments on stormwater management.
water Qual-ty protection district, and floodplain district.
Documents:
• 11/15/21 Town Meeting Warrant
The Board discussed who would present the bylaw amendments at Town Meeting. Wallace agreed to present the
floodplain district amendments and noted talking points received from Shannon Hulst that will be shared with the Board.
Donna Kalinick stated that'the stormwater management <bylaw.,is `a'deneral bylaw and would be presented by both a
Select Board ard.:Planning Board member The Select Board::s'the sponsor of the bylaw and the Planning Board is the
regulator. Kalinick°°stated that administration will speak to the moderator about having the stormwater management and
water quality protection district bylaw taken together..:: The floodplain district will be handled separately. Kalinick stated
that typically presenters take about five minutes to present the bylaw with highlights to the purpose and major changes.
She suggested having a prepared written statement. Kalinick noted that the stormwater bylaw was a general bylaw and
required a majority vote whereas water quality and floodplain were zoning bylaws and required two thirds vote. This is the
first indoor town meeting since COVID so safety measures will be implemented including limiting comment times. The
Board should also be prepared to take questions from the floor.
Hoffmann sated that she would be happy'to present the stormwater bylaw with a member of the Planning Board
Hoffmann asked if staff member and consultants would be available to attend town meeting. Kalinick responded that
department heads are required to be at Town Meeting if there is something on the warrant relevant to their work. St. Cyr
asked if the consultants would be able to respond to questions from the audience and Kalinick responded that the
moderator would make that decision. Nelson stated that he would be available to attend Town Meeting and answer
questions.
The Board discussed the presentation of the bylaws at Town Meeting. Hoffmann and Bebrin will present stormwater
management, Bebrin will present water quality protection district, and Wallace will present floodplain district with Degen as
a backup. Kennedy noted that amendments to stormwater management and water quality protection district have been
prepared at the request of town counsel in case the bylaws do not pass as currently drafted.
PB Minutes 11142121 Page 6 of 7
9:35 PM PLANNING DISCUSSION
Approval of Meeting Minutes: October 13, 2021.
The Board reviewed the October 13, 2021 meeting minutes. Motion by Taylor to Approve October 13, 2021 Meeting
Minutes. Second by Bebrin. Vote: Degen-aye; Taylor -aye; Hillis -Dineen -aye; Bebrin-aye; Koch -aye; Barrett -aye;
and Wallace -aye. Vote: 7-0-0.
9:36 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
The November 101h meeting will begin at 6:30 pm.
Please let Lynn St. Cyr know if you would like a copy of the Open Space and Recreation plan being discussed at the
November 101h meeting.
The Vision Planning Committee is beginning outreach and would like the Plaimiing Board's input. A December meeting
date is possible.
Motion by Taylor to adjourn. Second by Bebrin. Vote: Barrett-ayo; Koch -aye; Bebrin-aye; Hillis -Dineen -aye;
Taylor -aye; Degen-aye; and Wallace -aye. Vote: 7-0-0.
Meeting adjourned at 9:39 pm.
Next Planning Board Meeting Date: 11/10/21
Respectfully submitted,
Lynn St. Cyr, Senior Department Assistant, Plonnwg
PS Minutes 11/02121 Page 7 of 7