HomeMy Public PortalAboutPlanning Board -- 2021-10-13 Minutes ORF. wsL Brewster Planning Board Approved : 11 /02/21
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MEETING MINUTES 1.1E ` ' : ' f few .
Wednesday, October 13 , 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 , Peter Lombardi ,
Town Administrator, and Griffin Ryder, Superintendent, Department of Public Works .
This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021 . No in -person meeting
attendance will be permitted . If the Town is unable to live broadcast this meeting , a record of the proceedings will be
provided on the Town website as soon as possible . The meeting may be viewed by : Live broadcast (Brewster
Government TV Channel 18 ) , Livestream ( livestream . brewster- ma , _ ov ) , or Video recording (tv . brewster- ma . gov ) .
The Planning Board Packet can be found at: http '//records. brewster-ma. gov/weblink/0/fol/118269/Row1 . aspx or by going
to the Planning Department page on the Town of Brewster website (www . brewster- ma . gov) .
Wallace declared that a quorum of the Planning Board was present.
7 : 02 PM CITIZEN ' S FORUM
Casey Chatelain , 25 Quaker Lane , expressed interest in providing comments on the stormwater management bylaw and
was asked to hold her comments for the public hearing item scheduled on the agenda .
7 : 03 PM PUBLIC HEARING
Road Betterment Application #2021 - 12 : For consideration of the Town to undertake a road repair under the Town 's
Betterment and Assessment Program in accordance with Article VIII , Temporary Road Repair, Section 157-20 of j
Brewster' s Town Code for Bay View Drive , Cranberry Lane , Deer Path Circle , Jam Lane , Mayflower Circle , and Vesper j.
Pond Drive shown on Assessor' s Map 137 and 138 .
Documents :
• 10/ 12/21 Email from David Valcourt
Wallace stated that a request to withdraw the application without prejudice was received from Dave Valcourt
Motion by Degen to Accept Request to Withdraw Road Betterment Application #2021 -12 , without prejudice . I
Second by Taylor. Vote : Degen -aye ; Hillis -Dineen -aye ; Barrett-aye ; Bebrin -aye ; Koch -aye ; Taylor-aye and
Wallace -aye . Vote : 7 -0-0 .
7 : 05 PM PUBLIC HEARING CONTINUED
Proposed Town Code Amendment: Stormwater Management. ( Continued from September 22 , 2021 . )
Documents :
• 10/08/21 Stormwater Management Bylaw
• Table of Stormwater Thresholds
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• 10/ 13/21 Email from John O' Reilly
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Lori Kennedy and Mark Nelson of Horsley Witten participated in the meeting . Kennedy introduced the stormwater j
management bylaw. This is a new general bylaw which will require projects that meet specific thresholds for creation of
new impervious cover or land disturbance to apply for a stormwater permit and to implement best practices for stormwater
management on construction sites and post construction to prevent stormwater runoff and stormwater pollution . This
bylaw aims to protect Brewster' s water resources and comply with the federal MS4 permit which requires Brewster and
other Massachusetts communities to regulate stormwater management locally . Kennedy stated that a presentation was
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given to the Conservation Commission , and they reviewed the draft bylaw . Town counsel also reviewed the bylaw and
provided recommendations . Staff also met to discuss implementation and revisions to the regulations .
Kennedy reviewed the draft Stormwater Management bylaw with the Board and noted comments provided by town staff
and town counsel . She noted that the Conservation Commission will be the authority on projects that fall under wetlands
jurisdiction . Under Section 272 -2 , Procedures , the Stormwater Authority , or its designated agent , is authorized to retain
professional consultants to advise . In Paragraph E of Procedures , Kennedy clarified , after discussion with town counsel ,
the Board can require both the Operation & Maintenance ( O & M ) Plan and the Stormwater Permit to be recorded . It is
the O & M Plan that is the obligation that runs with the deed . Future property owners will need to be aware of the o & M
Plan as they will be responsible for implementing that plan . Kennedy stated that town counsel did not see the need to
record the stormwater permit . Language requiring easements be granted to the town was removed after review by town
counsel . Kennedy directed to the Board to Section 272 - 12 , Surety , as the section had been rewritten by town counsel
based on feedback provided by the Attorney General on implementing surety . Kennedy noted the change under the
waiver section for public meetings instead of public hearings . St . Cyr stated that special permit applications and by right
applications such as site plan review have different notification requirements . Public hearings require legal notice in the
paper as well as abutter notification . For projects that are by right uses , these procedures are not required . The Board
decided that public meetings not public hearings would be required for these projects . Kennedy reviewed a change under
Section 272- 14 regarding Orders . Town counsel has suggested that orders be issued by the Stormwater Authority ' s
designated agent and orders be appealed to the Stormwater Authority .
Wallace stated that the subject of the public hearing is the Stormwater Management bylaw . The Board continues to work
on Stormwater Management regulations . Peter Lombardi stated that the Stormwater Management bylaw will be before
town meeting for a vote . The Board can continue to work on their regulations and the Planning Board will vote to approve
those regulations . Wallace stated he had concerns with the regulations and it was hard for him to support the bylaw with
the current draft of the regulations . Barrett stated that further work on the regulations was needed . The Board discussed
the changes reviewed by Kennedy and supported those changes .
Casey Chatelain expressed appreciation for the work being done on stormwater management and cautioned the Board as
to the threshold related to the increase of impervious surface . She expressed concern that residents want to do driveway
improvements may be required to apply for a major permit and could make the project no longer feasible .
Griffin Ryder discussed his experience with stormwater management permits . Ryder previously worked as the town
engineer in Harwich . Harwich had a stormwater bylaw for 1 acre of land disturbance . The Board of Selectmen were the
Stormwater Authority in Harwich . Ryder noted that there were not many projects in the 1 acre or more land disturbance
threshold but there were quite a few that fell right under. As part of site plan review, Ryder would review those projects
that fell under the threshold and would provide feedback related to stormwater improvements . In response to comments
provided , Ryder stated he thought driveway improvements would most likely fall under the minor permit category .
The Board further discussed the proposed thresholds . Wallace stated concern that major permits would be triggered
frequently . Taylor asked about the thresholds used in Dennis and their treatment of hotspot areas . Bebrin stated that she
read the Dennis bylaw and hotspot areas include areas of higher pollutant risk. Kennedy noted that the MA Wetland Act
defines land areas with higher pollutant loads and some towns have additional requirements for uses that are higher
pollutant. Taylor suggested including similar requirements in the stormwater management regulations . Wallace asked
about additional requirements for properties that fall within Zone II and the Pleasant Bay watershed . Kennedy stated that
if the Board wishes to see stormwater permits required for all properties in Zone II and the Pleasant Bay watershed , that
needs to be included the Applicability section of the bylaw. Kennedy noted that any project triggering a major permit will
need to meet state stormwater standards which already have requirements for high pollutant uses . Wallace suggested
additional requirements within the regulations for properties that fall within Zone 11 and the Pleasant Bay watershed . j
St. Cyr read an email from John O' Reilly dated October 13 , 2021 into the record .
Bebrin reviewed the chart of thresholds provided by Kennedy and other town bylaws . She stated that other towns with
two-tier requirements are different from Brewster. Bebrin stated concern that the threshold triggers may be too low and
the costs could impede some projects . Bebrin shared research regarding other town ' s stormwater management bylaws
and noted that although Dedham has a more restrictive bylaw it is not a new bylaw . She asked the Board to consider a
less restrictive bylaw . Barrett also noted that the threshold triggers of the bylaw seemed low . She stated that work on the I
regulations could be challenging but could take into consideration impacts to Brewster Is ponds . She suggested an 1
increase in the threshold triggers of the bylaw . Hillis- Dineen stated she would like to see the threshold between minor and
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major permits increased . She stated that improvements may not be affordable for everyone . She would like to review
additional requirements for protection of water resources .
Nelson stated historically , in discussions with the town , concerns regarding impacts to water resources have been raised
including impacts to drinking wells , the Pleasant Bay watershed , and runoff going to freshwater ponds . There were
examples provided of runoff from driveways and roofs heading toward the ponds . There was a desire to manage that
runoff and minimize impacts . Nelson stated that the requirements for major and minor permits can be reviewed but the
Board should also consider the increase of flow that may be created from driveway paving and home additions . He noted
simple designs for swales along driveways to minimize impacts . Nelson suggested reviewing the size of a typical
driveway in Brewster and creating thresholds based on that size .
Wallace read the requirements of the minor permit application into the record and stated the requirements were a
significant improvement to stormwater management . Wallace stated that the requirements to obtain a major permit are
significant and require several engineered plans .
Taylor stated it would be difficult to lower a threshold at town meeting so she thinks the current thresholds in the bylaw
should stay as they are , and the Board can see where they stand after work is completed on the regulations .
Koch suggested the Board focus their discussion on the thresholds included in the bylaw . Wallace stated that the focus of
the public hearing is on the bylaw but the regulations relate to the bylaw and he does not support the bylaw with the
regulations as they currently exist . Lombardi agreed with Koch and stated the focus should be on the thresholds defined
in Section 272 -5 , Applicability , of the bylaw . Discussion on the major and minor permit thresholds should be included in
the discussion surrounding the regulations at a later Planning Board meeting . Wallace asked if town meeting attendees
would be provided with copies of the regulations . Lombardi responded that if the Board were further along in their work
on the regulations it would make sense to provide a copy with the warrant but since there is not consensus on the
regulations , they should not be included . Commentary in the warrant could include that the Planning Board is working on
Stormwater Management regulations . Bebrin suggested the Board discuss the thresholds contained in the bylaw and
work on the regulations at their next meeting . Barrett suggested the Board review and discuss the Applicability section of
the bylaw .
Degen stated that a tennis court is roughly 7200 SF . She gave this as an example of size as it relates to the 10000 SF
land disturbance threshold in the bylaw. Degen stated 1 acre is 43560 SF . She used these numbers as a reference to
conceptualize projects . Degen would consider an increase to the 10000 SF land disturbance threshold .
Koch asked if it was possible for the Board to continue work on the regulations and finalize the regulations before sending
the bylaw to town meeting . Lombardi responded that the town does not currently have a stormwater management bylaw
and is therefore currently out of compliance with the MS4 stormwater permit. It is possible that the town could be fined for
being out of compliance . Kennedy stated that enforcement actions are usually against bad actors but administrative
enforcement action surrounding compliance is possible .
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The Board discussed increasing the thresholds to the minimum requirements of the MS4 permit which is 1 acre of land
disturbance . There was further discussion on leaving the thresholds as currently proposed in the bylaw and continuing
work on the regulations with the possibility of changing the thresholds for minor and major permits . Nelson stated that he
did not think the requirements of the minor permit were too burdensome and they allow the homeowner and town to
assess stormwater management and water quality protection . Nelson added that a portion of the permits will be issued by
the Conservation Commission , and they routinely review stormwater management . j
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The Board continued discussion on the thresholds listed in Section 272 -5 , Applicability , of the bylaw. Koch noted that
there seems to be agreement amongst the Board that those thresholds should remain . Ryder stated that staff are working
on providing examples of minor and major permits which may help with the threshold discussion . Kennedy stated that
she has worked with several communities that have passed bylaws with higher thresholds and have gone back and
revised the bylaw to lower those thresholds . Kennedy further stated that major and minor permits could be defined in the
bylaw but any changes proposed in the future would have to go through town meeting .
Kari Hoffmann , Select Board Liaison , asked about the warrant deadline and if it was possible to get the regulations done
in time to be included in the warrant. Lombardi stated that the Select Board will vote to close the warrant on Monday ,
October 181h and the warrant will go to the printer on Thursday , October 21St . Lombardi suggested the major and minor
permit thresholds could be included in the bylaw to be clear to town meeting .
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Wallace stated that he would prefer the bylaw to include the 1 acre threshold and no trigger for an addition of impervious
surface . He does not feel comfortable voting on the bylaw without regulations hashed out. Bebrin agreed with Wallace
and suggested the Board begin with higher thresholds and reconsider the threshold once data could be reviewed .
Wallace suggested the Board continue work on the bylaw and regulations and bring it to the next town meeting . Degen
asked if there was a timeline the Board was required to follow to have the regulations in place to make the bylaw effectual .
Lombardi stated that this was a general bylaw not a zoning bylaw so the bylaw does not apply retroactively . All bylaws
approved by the town must be reviewed and approved by the Attorney General and those reviews typically take three
months . The bylaw would most likely be in effect in about four months at which time the Board would need to have
regulations in place to apply the bylaw . Degen suggested the bylaw could be moved forward and work on the regulations
could continue . She noted that , based on information provided to the Board , towns who have implemented higher
thresholds are now revising their bylaws and lowering thresholds for better mitigation . Barrett stated that she would like to
continue to work on the bylaw and regulations and bring it forward to the next town meeting . Degen suggested moving
forward with the bylaw as currently proposed and continuing work on the regulations . Nelson referenced language from
the water quality protection district bylaw that does not allow land disturbance greater than 15 % or 2500 SF without
stormwater mitigation .
The Board reviewed their options for proceeding which included : 1 . Vote unfavorably and remain out of compliance until
the bylaw and regulations can be worked through and brought to town meeting ; 2 . Increase the limits of the bylaw to the 1
acre requirement under MS4 ; or 3 . Move the bylaw forward as currently proposed and work on the regulations . The
Board took a straw poll . Koch , Degen , Taylor, and Hillis- Dineen voted for option 3 . Barrett and Wallace voted for option 1 .
Bebrin voted for option 2 .
Bebrin asked if installation of septic systems is considered an exemption under Section 272 -6 . Kennedy responded that
septic and other utility installation , not including drainage , are exempt.
Motion by Hillis - Dineen to Close the Public Hearing on Proposed Town Code Amendment : Stormwater
Management. Second by Taylor. Vote : Degen -aye ; Hillis -Dineen -aye ; Barrett-aye ; Bebrin -aye ; Koch -aye ; Taylor-
aye ; and Wallace -aye . Vote : 7 -0 -0 .
Motion by Koch to Recommend Town Meeting Support Proposed Town Code Amendment : Stormwater
Management. Second by Taylor. Vote . Degen -aye ; Hillis -Dineen -aye ; Barrett - No ; Bebrin -No ; Koch -aye ; Taylor-
aye ; and Wallace-No . Vote : 4 -3 -0 .
8 : 34 PM PUBLIC HEARING CONTINUED
Proposed Zoning Bylaw Amendment: Water Quality Protection District .
Documents .
• 10/08/21 Water Quality Protection District Bylaw
Mark Nelson of Horsley Witten participated in the meeting . Nelson reviewed additional proposed changes to the bylaw
including changes necessary if the stormwater management bylaw passes . Nelson stated that nitrogen loading
calculations proposed as part of the Performance Standards of the bylaw will be dictated through a Board of Health
regulation . A spreadsheet will be provided to applicants to make sure the calculations are being done consistently .
Motion by Hillis -Dineen to Open Public Hearing on Proposed Zoning Bylaw Amendment : Water Quality Protection
District. Second by Bebrin . Vote : Degen -aye ; Hillis -Dineen -aye ; Barrett-aye ; Bebrin -aye ; Koch -aye ; Taylor-aye ;
and Wallace -aye . Vote : 7 -0 -0 .
Nelson reviewed proposed edits and noted under Section 179-56 , Use regulations , a special permit is not independently
triggered by these uses/activities , but the uses/activities must comply with the performance standards . Nelson directed
the Board to paragraph B and stated that the prohibited uses listed are prohibited throughout the town . Nelson pointed
out paragraph 11 which may need to be adjusted if the stormwater management bylaw passes . Nelson stated that he is
working with the Health Agent and the Board of Health to draft the Board of Health regulation that includes the nitrogen
loading calculation . Under the revised bylaw , stormwater management would be reviewed under the stormwater
management bylaw and applications directed to the stormwater authority . Nelson stated that the building commissioner
will be the enforcement agent , The Board agreed that # 11 under Prohibited Uses should be stricken if the stormwater
management bylaw passes ,
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The Board had questions regarding the order in which articles will be taken at town meeting . Lombardi stated that it is at
the moderator' s discretion to take articles that are substantively related together, and a request would be made for the
articles to be taken together with stormwater being voted on first. If the stormwater management bylaw does not pass ,
the water quality protection bylaw will still move forward and will be revised accordingly .
Motion by Hillis -Dineen to Close Public Hearing on Proposed Zoning Bylaw Amendment : Water Quality
Protection District . Second by Taylor. Vote : Taylor-aye ; Koch -aye ; Bebrin -aye ; Barrett-aye ; Hillis -Dineen -aye ;
Degen -aye ; and Wallace-aye . Vote : 7 -0 -0 .
Motion by Bebrin to Recommend Town Meeting Support Proposed Zoning Bylaw Amendment : Water Quality
Protection District . Second by Degen . Vote : Taylor-aye ; Koch -aye ; Bbbrin -aye ; Barrett-aye ; Hillis -Dineen -aye ;
Degen -aye ; and Wallace -aye . Vote : 7 -0 -0 .
8 : 51 PM PLANNING DISCUSSION
Approval of Meeting Minutes : September 22 2021 .
The Board reviewed the September 22 , 2021 meeting minutes . Motion by Degen to Approve September 22 , 2021
Meeting Minutes , as amended . Second by Barrett . Vote . Taylor-aye ; Koch -aye ; Bebrin -aye ; Barrett-aye ; Hillis -
Dineen -aye ; Degen -aye ; and Wallace -aye . Vote : 7 -0 -0 .
8 : 53 PM FOR YOUR INFORMATION
The Planning Board was provided a proposed 2022 meeting schedule .
A presentation of the Open Space and Recreation Plan is scheduled for the October 27th meeting .
Motion by Taylor to adjourn . Second by Bebrin . Vote : Koch -aye ; Degen -aye ; Barrett-aye ; Bebrin -aye ; Taylor-
ayes Hillis -Dineen -aye ; and Wallace-aye . Vote : 7 -0 -0 .
Meeting adjourned at 8 : 56 pm .
Next Planning Board Meeting Date : 10/27/21
Respectfully submitted ,
Lynn St. yr, Senior Depa ent Assistant , Planning
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