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HomeMy Public PortalAbout2021-11-15 Special Town Mtg Report SPECIAL TOWN MEETING NOVEMBER 15 , 2021 Report of the SPECIAL TOWN MEETING held November 15 , 2021 In accordance with the Warrant, the Special Town Meetings were held at the Stony Brook Elementary School , 384 Underpass Road on Monday, November 15th , 2021 . This was the first indoor Town Meeting since the start of the COVID 19 Pandemic . All chairs were set up in socially distanced pairs . Masks were required in the building during the time of Town : Meeting . The Moderator asked that everyone please keep their masks on , even if at a microphone . The Moderator announced that per Brewster Bylaw 48 - 10 under his authority he could group like minded articles . He would be doing this with the Union Articles ; 6 , 7 , and 8 , when the first of these articles was pulled they would all be handled together . The same with Articles 9 and 10 , they will be discussed consecutively . The counters and tellers were Sally Andreola, Cynthia Mathison , Lauren Elliott- Grunes , David Briggs , Pamela Smith , Robert Harris , Jayanne Monger, Assistant Town Clerk and Thaddeus Nabywaniec , Francis L. Smith , Board of Registrars . A quorum was present with 217 of the 8622 registered voters . 2 . 5 % The Moderator confirmed service of the Warrant with the Constable and Town Clerk . There being no objections he dispensed with the reading of the articles . The Special Town Meeting was called to order at 6 : 24pm by the Moderator, Charles L . Sumner . 6 : 27pm OUTSTANDING OBLIGATIONS ARTICLE NO . 1 : To see whatsums the Town will vote to appropriate from available funds for the payment of unpaid obligations from previous fiscal years, including any bills now on overdraft : Department Outstanding Obligations Amount a . Town Administration Utility Expenses $ 550 . 00 Total $ 550 . 00 Or to take any other action relative thereto . (Select Board ) ( Nine Tenth Vote Required ) Motion by Select Board Member Edward Chatelain : I move to appropriate the sum of $ 550 . 00 to pay unpaid utility expenses from prior fiscal years , and as funding therefor to transfer from Free Cash the amount of $ 550 . 00 . ACTION . ADOPTED UNANIMOUSLY - Voter Cards 6 : 30pm COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO . 2 : To , see if the Town will vote to act upon the recommendations of the Community Preservation Committee ; to appropriate from Fund Balances Reserved for future expenditure, the amounts shown below, for the purpose of future expenditures, operating and administration expenses, and reserve funds related to Community Preservation , Historic Preservation , Open Space, Community Housing and/or Recreation ; and to authorize the Town Administrator to enter into contracts for operating and administration related to Community Preservation , Historic Preservation , Community Housing and Open Space and/or Recreation , all as follows : Page 1 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 Purpose item Funding Source (s) Amount 1 Historic Preservation a . Crosby Mansion Crosby Mansion on - Transfer $ 72,400 $ 72, 400 Committee/Crosby going reconstruction from Historic Mansion Restoration and restoration Preservation Fund balance Sub-total $ 72,400 2 Community Housing a . Brewster Town Update of Brewster' s Transfer $ 25 , 000 $ 25 , 000 Administrator and 2017 Housing from Undesignated Housing Office Production Plan Fund Balance b . Latham Center Supportive housing for Transfer $ 155 , 000 $ 155, 000 the Strong Start in from Undesignated Adult Living Program Fund Balance Sub-total $ 180,000 Grand Total $ 2520*400 For Fiscal Year 2022 Community Preservation purposes, each item is considered a separate appropriation to be spent by the Community Preservation Committee ; provided however, that the above expenditures may be conditional on the grant or acceptance of appropriate historic preservation restrictions for historic resources, open space restrictions for open space reserves, and housing restrictions for community housing, running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures, meeting the requirements of G . L. c . 184 and G . L. c .44B, Section 12, and to authorize the Board of Selectmen to convey or accept such restrictions; And further, any revenues received in excess of the estimated receipts are transferred to their respective reserve fund balance ( s ) for future appropriation using the allocation formula of 50 % . Open Space, 10% Housing, 10 % Historical and 30 % for Budgeted Reserve for CPA . Or to take any other action relative thereto . ( Community Preservation Committee ) ( Majority Vote Required ) Motion made by Community Preservation Committee Member Faythe Ellis : I move to approve Article No . 2 , all for the purposes , from the funding sources , and in the amounts as printed in the warrant ; however, to delete funding request 2b in the amount of $ 155 , 000 for the Latham Center housing project in its entirety and to reduce total funding requests in this article accordingly from $ 252 , 400 to $ 97 , 400 . ACTION . ADOPTED UNANIMOUSLY - Voter Cards 6 : 32pm CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO . 3 : To see what sums the Town will vote to raise and appropriate, or transfer from available funds, for the capital outlay expenditures listed below including, in each case, all incidental and related costs, to be expended by the Town Administrator with the approval of the Select Board ; and further that the Town Administrator with the approval of the Select Board be authorized to sell , convey, trade- in or otherwise dispose of equipment being replaced , all as set forth below : Department Item Funding Source (s) ,/ Amount Appropriation or Transfer 1 Select Board a . Cape Cod Sea Camps Professional services Transfer from Article $ 185 , 000 Comprehensive associated with 3, 1a from November Planning conducting a 18, 2019 Special comprehensive study Town Meeting, regarding future uses Community Center of the CCSC and other and School Town sites, including Feasibility Article study for a future community center Page 2 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 b . Wing Island Boardwalk Professional services General Fund Free $ 50, 000 Design associated with design Cash of a new boardwalk to Wing Island Sub Total $ 235, 0000 2 Department of Public Works a . Road Profession all services, General Fund Free $ 200, 000 Maintenance/Drainage including engineering, Cash permitting and construction costs associated with road maintenance and drainage on various streets throughout Town b . MS4 Stormwater Professional services General Fund Free $ 90, 000 Compliance for MS4 stormwater Cash permitting compliance c . Landfill Monitoring Professional services, General Fund Free $ 50, 000 for annual landfill Cash monitoring requirements d . Scag Mower Purchasing and General Fund Free $ 101000 Replacement equipping one ( 1 ) Scag Cash walk- behind mower e . Great Dane Mower Purchasing and General Fund Free $ 10, 000 equipping one ( 1 ) Cash Great Dane stand - up mower 2 Department of Public Works f. Front End Loader Purchasing and General Fund Free $ 250, 000 equipping one ( 1 ) Front Cash End Loader, including but not limited to emergency lights, plow package, material spreader, and radios Sub Total $ 6100, 000 3 Police Department a . Vehicle Replacement Purchase and General Fund Free $ 145 , 000 equipping for ( 3 ) three Cash Police vehicles b . Ballistic Vest Purchase of ballistic General Fund Free $ 25 , 000 Replacement vests on an ongoing Cash replacement basis c . Cruiser & Body Worn Purchase of cruiser General Fund Free $ 55 , 000 Video video on a replacement Cash basis and new body worn video Sub Total $ 225 ,000 4 Information Technology a . Technology Ongoing information General Fund Free $ 50, 000 Upgrades/ Replacement system & equipment Cash improvements, including but not limited to the purchase of desktop computers, servers, productivity and office software, Page 3 of 30 . SPECIAL TOWN MEETING NOVEMBER 15 , 2021 backup systems, and other hardware / software throughout Town Sub Total $ 50, 000 5 Assessors a . Valuation Services Professional Services Overlay $ 80, 000 for new growth and cyclical inspections as required by the Department of Revenue Sub Total $ 80,000 6 Recreation a . Facility irrigation Professional Services Recreation Revolving $ 20, 000 analysis and upgrade for irrigation and soil Fund/General Fund at Freemans Way analysis on baseball Free Cash fields fields and required measures such as additional of soils or repair/replacement of irrigation system Sub Total $ 20, 000 7 Water Department a . Wells 6 & 4 Professional services, Water Retained $ 40, 000 Redevelopment including engineering Earnings and construction of well 6 and well 4 b . Wells 6 & 4 Pump Replacement of pumps Water Retained $ 40, 000 and Motor and motors in well 6 Earnings Replacement and well 4 if needed during the redevelopment process c. 4 X 4 Pick Up Truck Purchasing and Water Retained $ 60, 000 equipping one ( 1 ) Pick Earnings Up Truck, including but not limited to emergency lights, plow package, material spreader, and radios d . Red Top. Water Main Professional Services Water Retained $ 1501000 including engineering Earnings and construction of water main on Red Top Road e . Fix Heaters in Garage Repair venting on 3 Water Retained $ 35, 000 & Add Unit in Pump existing heater units in Earnings House garage and replace one unit in the pump house Sub Total $ 325,000 8 Golf Department a . HVAC/ Boiler Upgrades Professional services, Golf Reserves $ 80, 000 including engineering to replace furnaces/air handlers in the clubhouse 8 Golf- Department b . Tree Work & Grinding of Tree work including Golf Reserves $ 35 , 000 Brush Pile trimming and thinning as well as grinding of brush Page 4 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 c. Maintenance Equipment Purchasing and Golf Reserves $ 232, 000 Replacement replacing equipment necessary to maintain the golf course d . Sink Hole Repairs Repair sink holes on Golf Reserves $ 40, 000 the golf course e . Kitchen Equipment Replacement of Golf Reserves $ 25 , 000 Replacement kitchen equipment including but not limited to flat top grill , deep fryer, stove and double door fridge f. Pump House Protection Professional services to Golf Reserves $ 10, 000 Project perform a hydraulic study stormwater impacts on the pump house g . Clubhouse/Pavilion Replace existing Golf Reserves $ 25 , 000 Carpeting carpeting in clubhouse pavilion and hallway h . Rental Clubs & Pushcarts Purchase of approx . 20 Golf Reserves $ 30, 000 sets of rental clubs and new pull carts i . Driving Range Purchase of new Golf Reserves $ 20, 000 Equipment/Balls driving range balls, range ball picker and dispensing unit j . Clubhouse window and Professional services, Golf Reserves $ 70, 000 door replacement including engineering to replace windows and doors in the clubhouse and pavilion Sub Total $ 567,000 Grand Total $ 2, 112, 000 Or to take any other( action relative thereto . (Select Board ) ( Majority Vote Required ) Motion made by Select Board Member Mary Chaffee : I move to approve Article No . 3 as printed in the warrant , including funding sources , purposes and amounts as listed, and further for item 6a , Recreation Facility Irrigation Analysis & Upgrade at Freeman's Way, the Town transfer and appropriate $ 15 , 000 from Free Cash and $ 5 , 000 from the Recreation Revolving fund, however the following section is to be amended as follows , Department of Public Works , 2d, Purchasing and Equipping of one ( 1 ) stand up or ride on mower to replace the existing Scag Mower; 2e , Great Dane Mower replacement, Purchasing and Equipping of ( 1 ) stand up or ride on mower to replace the existing Great Dane Mower, and that the Town Administrator with the approval of the Board of Selectmen , is authorized to sell, convey , trade - in or otherwise dispose of equipment being replaced by this vote . ACTION : ADOPTED UNANIMOUSLY - Voter Cards Page 5 of 30 SPECIAL. TOWN MEETING NOVEMBER 15 , 2021 6 :35pm SUPPLEMENTAL APPROPRIATION ARTICLE NO . 4 : To see what supplemental sum the Town will vote to appropriate from available funds for Golf Department custodial and facilities maintenance personnel, or to take any other action relative thereto . ( Select Board ) ( Majority Vote. Required ) Motion made by Select Board Vice - Chair David Whitney. I move to approve Article 4 in the amount of $ 38 , 113 and funding therefor to be appropriated from the Golf Special Revenue Fund Reserves . ACTION : ADOPTED UNANIMOUSLY - Voter Cards 6 :42pm UTILITY EASEMENTS ARTICLE NO . 5 : To see if the Town will supplement the vote taken under Article 32 of the May 1, 2017 Annual Town Meeting, which . authorized the Select Board to enter into contracts and agreements for the development of renewable energy on Town - owned land and buildings, to further authorize the Select Board to grant utility access and related easements, permanent and temporary, in , on , under and across such Town -owned land and buildings to promote and/or serve such renewable energy developments and /or facilities, or to take any other action relative thereto . ( Select Board ) ( Majority Vote Required ) Motion made by Select Board Vice - Chair David Whitney: I move to approve Article No . 5 as printed in the warrant . ACTION : ADOPTED UNANIMOUSLY — Voter Cards 6 : 36pm FIRE UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO . 6 : To see if the Town will vote to raise and appropriate and /or transfer from available funds a sum of money to be used to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and International Association of Firefighters Local 3763 , or to take any other action relative thereto . (Select Board ) ( Majority Vote Required ) Motion made by Select Board Chair Cynthia Bingham : I move to approve Article No . 6 as printed in the warrant and, to fund the cost items of the first fiscal year of said contract with sums as appropriated at the May 15 , 2021 Annual Town meeting under -the Contractual Obligations line item of the Fringe Benefits budget of Article 5 , Town Operating Budget and authorize the Town Accountant to allocate such sum accordingly. ACTION : ADOPTED UNANIMOUSLY — Voter Cards 6 : 38pm SEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE NO . 7 & To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and Service Employees International Union , Local 888, or to take any other action relative thereto . ( Select Board ) ( Majority Vote Required ) Motion made by Select Board Chair Cynthia Bingham : I move to approve Article No . 7 as printed in the warrant and, to fund the cost items of the first fiscal year of said contract with sums as appropriated at the May 15 , 2021 Annual Town meeting under the Contractual Obligations line item of the Fringe Benefits budget of Article 5 , Town Operating Budget and authorize the Town Accountant to allocate such sum accordingly. ACTION : ADOPTED UNANIMOUSLY - Voter Cards 6 :41pm Page 6 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 OPEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE NO . 8v To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and Office and Professional Employees International Union , Local 6, or to take any other action relative thereto . (Select Board ) ( Majority Vote Required ) Motion made by Select Board Chair Cynthia Bingham : I move to approve Article No . 8 as printed in the warrant and, to fund the cost items of the first fiscal year of said contract with sums as appropriated at the May 15 , 2021 Annual Town meeting under the Contractual Obligations line item of the Fringe Benefits budget of Article 5 , Town Operating Budget and authorize the Town Accountant to allocate such sum accordingly. ACTION : ADOPTED UNANIMOUSLY - Voter Cards 6 :43pm GENERAL BYLAW / Stormwater Management ARTICLE NO . 9 : To see if the Town will vote to amend the Town Code by adding a new general bylaw, Chapter 272, regarding stormwater management, with text to read as follows : § 272- 1 . Purpose and Objectives A . The purpose of this Bylaw is to protect, maintain, and enhance public health , safety, environment, and general welfare of the Town by preventing or diminishing adverse effects of construction -site and post- construction stormwater runoff. Proper management of stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the health , safety, environment, and general welfare of the public, protect water and aquatic resources, protect and enhance wildlife habitat, and promote groundwater recharge to protect surface and groundwater drinking supplies . This Bylaw seeks to meet that purpose through the following objectives : Establish minimum stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; Encourage the use of nonstructural stormwater management, better site design , and low impact development practices such as preserving natural resources and open space, reducing impervious surface area, and increasing infiltration ; Establish provisions for the long-term responsibility for, and maintenance of, structural stormwater control facilities and nonstructural stormwater best management practices to ensure that they continue to function as designed and pose no threat to public safety; Establish provisions to ensure there is an adequate funding mechanism, including surety, for the proper review, inspection , and long-term maintenance of stormwater facilities implemented as part of this Bylaw; Establish the Town of Brewster' s legal authority to ensure compliance with the provisions of this bylaw through permitting, inspection , monitoring, and enforcement; and Comply with state and federal statutes and regulations relating to stormwater discharges including Total Maximum Daily Load requirements and with the General Permit for Stormwater Discharges from Small ' Municipal Separate Storm Sewer Systems in Massachusetts ( MS4 Permit ), issued by the U . S . Environmental Protection Agency and the Massachusetts Department of Environmental Protection . § 272-2 . Definitions. The following definitions shall apply in the interpretation and implementation of this Bylaw . Additional definitions may be adopted by separate regulation . ALTERATION OF DRAINAGE CHARACTERISTICS : Any activity on an area of land that changes the water quality, force, direction , timing, or location of runoff flowing from the area . Such changes include : change from distributed runoff to confined or discrete discharge; change in the volume of runoff from the area ; change in the peak rate of runoff from the area ; and change in the recharge to groundwater on the area . APPLICANT : Any person , individual , partnership, association , firm, company, corporation , trust, authority,' agency, department, or political subdivision , of the Commonwealth or the Federal government, to the extent permitted by law, requesting a Land Disturbance Permit or Administrative Land Disturbance Approval . Page 7 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 BEST MANAGEMENT PRACTICE ( BMP ) : Schedules of activities, practices , ( and prohibitions of practices ) , structures, vegetation , maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to Waters of the United States . BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal , or drainage from raw material storage . CLEAN WATER ACT: The Federal Water Pollution Control Act ( 33 U . S . C . § 1251 et seq . ) as hereafter amended . CLEARING : Any activity that removes the vegetative surface cover. COMMON PLAN OF DEVELOPMENT : - A " larger common plan of development or sale " is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan . EROSION : The wearing away of the land surface by natural or artificial forces such as wind , water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles . GRADING : Changing the level or shape of the ground surface . GRUBBING : The act of clearing land surface by digging up roots and stumps . IMPERVIOUS SURFACE : Any surface that prevents or significantly impedes the infiltration of water into the underlying soil . This can include but is not limited to : roads, driveways, parking areas and other areas created using nonporous material ; buildings, rooftops, structures, solar panels, artificial turf, and compacted gravel or soil . INFILTRATION : The act of conveying surface water into the ground to permit groundwater recharge and the reduction of stormwater runoff from a project site . LAND DISTURBANCE ACTIVITY : Any activity that causes a change in the position or location of soil , sand , rock, gravel , or similar earth material ; results in an increased amount of runoff or pollutants ; measurably changes the ability of a ground surface to absorb waters ; involves clearing, grading, or excavating, including grubbing; or results in an alteration of drainage characteristics . LOW IMPACT DEVELOPMENT ( LID ) : site planning and design strategies that use or mimic natural processes that result in the infiltration , evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat . MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts . MUNICIPAL SEPARATE STORM SEWER SYSTEM ( MS4) or MUNICIPAL STORM DRAIN SYSTEM : The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system , street, gutter, curb, inlet, piped storm drain , pumping facility, retention or detention basin , natural or man - made or altered drainage channel , reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Brewster. NEW DEVELOPMENT : Any construction activities or land alteration on an area that has not previously been developed to include impervious surface . OPERATION AND MAINTENANCE PLAN : A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed . OWNER : A person with a legal or equitable interest in property . PERSON : An individual , partnership , association , firm , company, trust, corporation , agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person . RECHARGE : The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil . RECORD : Recorded in the Barnstable County Registry of Deeds; if registered land.. is affected; filed with the recorder of the Land Court of Massachusetts . Page 8 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 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 lor organic soil material that is transported by wind or water, from its origin to another location ; the product of erosion processes . SEDIMENTATION : The process or act of deposition of sediment . SITE : The areal extent of construction and land disturbance activities, including but not limited to the creation of new impervious surface and improvement of existing impervious surface . STORMWATER AUTHORITY : The Town of Brewster Planning Board or its authorized agent ( s ), acting pursuant to this Bylaw to administer, implement, and enforce this Bylaw and to adopt regulations pursuant to it . STORMWATER PERMIT : A permit issued by the Stormwater Authority, after review of an application , plans, calculations, and other supporting documents, in accordance with the provisions of this Bylaw . TOTAL MAXIMUM DAILY LOAD (TMDL) : A regulatory plan ( authorized bythe Clean Water Act ) that identifies the amount of a pollutant that a waterbody can assimilate without exceeding its water quality standard for that pollutant . WATERCOURSE : A natural or man - made channel through which waterflows or a stream of water, including a river, brook, or underground stream . WATERS OF THE COMMONWEALTH : All waters within the jurisdiction of the Commonwealth , including, without limitation , rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, groundwater, and Waters of the United States as defined under the Federal Clean Water Act as hereafter amended . § 272-3 . Authority This Bylaw is adopted under authority granted by the Home - Rule Amendment of the Massachusetts Constitution and the Massachusetts home rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122 . 34 . § 272-4 . Administration A . The Stormwater Authority shall administer, implement, and enforce this Bylaw . Any powers granted to or duties imposed upon the Stormwater Authority may be delegated in writing by the- Stormwater Authority to its employees or agents . Be The Brewster Planning Board shall be the Stormwater Authority . For projects that fall within the jurisdiction of the Brewster Wetlands Protection Bylaw ( Brewster General Bylaw Chapter 172 ) , the Conservation Commission shall be the authority to implement and enforce this Bylaw . The Stormwater Authority may designate an agent to enforce this Bylaw . C . This Bylaw is not intended to interfere with , abrogate, or annul any other Town of Brewster bylaw, rule or regulation , statute, or other provision of law . The requirements of this Bylaw should be considered minimum requirements, and where . any provision of this Bylaw imposes restrictions different from those imposed by any other bylaw, rule or regulation , or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence . § 272 -5 . Applicability A Stormwater Permit shall be required for any of the following, except for an activity exempted under Section 6 of this Bylaw : A . Any land disturbance activity that will disturb 10, 000 square feet or more, or smaller land disturbance activities that are part of a larger common plan of alteration or development that will disturb 10, 000 square feet or more ; Be Any new development or redevelopment that will result in a net increase in impervious surface area by 500 square feet or more, or smaller activities that are part of a larger common plan of alteration or development that will result in a net increase in impervious surface area by 500 square feet or . more ; or Page 9 of 30 _ _ SPECIAL TOWN MEETING NOVEMBER 15 , 2021 Co Any land disturbance activity, new development, or redevelopment that, over a two -year period , will result in a cumulative land disturbance of more than 10, 000 square feet and/or a cumulative net increase in impervious surface area of more than 500 square feet to land that is part of a larger parcel held in common ownership or control at any time since said date . For the purposes of this Section , ownership by related or jointly controlled persons or entities shall be considered common ownership . In such cases, the new activity is prohibited until either : ( 1 ) All activities that previously disturbed land and /or increased impervious surface area as described in this Section are brought into full compliance with the requirements and standards of this Bylaw, or ( 2 ) The application for permit under this Bylaw for the new activity includes bringing the land previously disturbed and/or the impervious surface area previously increased into full compliance with the requirements and standards of this Bylaw . If the involved land is not currently held in common ownership, all owners of the involved land must jointly apply for the permit . D . A development or alteration of land shall not be segmented or phased in a: manner to avoid compliance with this Bylaw . § 272- 6 . Exemptions The following activities are exempt from the requirements of this Bylaw, provided that such activities utilize the best practical measures to avoid any negative impacts on stormwater quality, runoff rate, and volume . A . Any work or projects for which all necessary approvals and permits, including building permits, have been issued before the effective date of this Bylaw . B . Maintenance and improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act regulation 310 CMR 10 . 04 . C. Maintenance of existing landscaping, gardens, or lawn areas associated with a residential dwelling conducted in such a way as to not cause a nuisance . D . Construction of fencing that will not substantially alter existing terrain or drainage patterns . E . Construction of utilities other than drainage ( gas, water, electric, telephone, etc. ) that will not alter terrain , ground cover, or drainage patterns or result in discharge of sediment or other pollutants to the MS4 or to a Watercourse or Waters of the - Commonwealth . F . Emergency repairs to existing utilities ( gas, water, electric, telephone, drainage, etc . ) or emergency repairs to any stormwater management facility that poses a threat to public health or safety, as determined by the Stormwater Authority. G . Maintenance or resurfacing ( not including reconstruction ) of an existing public or private way, parking area , or driveway, provided that such activity does not increase impervious surface area and that resurfacing does not disturb the pavement subbase . § 272-7 . Stormwater Management Regulations A. The Stormwater Authority shall promulgate and periodically amend Stormwater Management Regulations relating to the terms, conditions, definitions, enforcement, fees ( including application , inspection , and/or consultant fees ) , delegation of authority, procedures, and administration of this Bylaw . Failure of the Stormwater Authority to issue such regulations, or a legal declaration of their invalidity by a court, shall not act to suspend or invalidate the effect of this Bylaw . B . The Stormwater Authority may establish a Minor Stormwater Permit for specific activities . ( 1 ) The purpose of the Minor Stormwater Permit is to simplify the permitting process underthis Bylaw by waiving certain submission requirements, provided a set of predetermined eligibility criteria and performance standards are met . ( 2 ) The eligibility criteria , performance standards, and submission requirements for Minor Stormwater Permits shall be outlined in the Stormwater Management Regulations promulgated in accordance with this Bylaw . ( 3 ) The Stormwater Authority may allow Minor Stormwater Permits to be approved by one or more agents of the Stormwater Authority rather than by a majority of Stormwater Authority members . C . The Stormwater Authority may establish criteria, procedures, and standards for off-site compliance with post- construction stormwater management performance standards established in the Stormwater Management Regulations promulgated under this Bylaw . Page 10 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 § 272-8 . Performance Standards A . Performance standards shall be defined as part of the Stormwater Management Regulations promulgated under this Bylaw . B . Unless specifically altered by this Bylaw or its regulations, the Stormwater Authority will use the latest accepted versions of the Massachusetts Stormwater Management Regulations as contained in the Massachusetts Wetlands Protection Act Regulations at 310 CMR 10 . 05 ( 6 ) ( k) and the Massachusetts Stormwater Handbook as issued by the Massachusetts Department of Environmental Protection for criteria , policy, standards, stormwater systems design and engineering, compliance documentation requirements, and general information for the execution of the provisions of this Bylaw . C . Unless specifically altered in this Bylaw and its regulations, the Stormwater Authority shall presume that stormwater management practices designed , constructed , and maintained in accordance with the Massachusetts Stormwater Management Handbook meet the performance standards of this Bylaw . For requirements that are inconsistent between the Massachusetts Stormwater Management Handbook and the MS4 Permit, the Stormwater Authority will enforce the more stringent of the requirements . § 272 -9 . Procedures A. A Stormwater Permit must be obtained prior to the commencement of any construction or land disturbance activity for which such a permit is required . An Applicant seeking a permit shall file an appropriate application with the Stormwater Authority in a form and containing information as specified in this Bylaw and in regulations adopted by the Stormwater Authority . B . Each application must be accompanied by the appropriate application fee as established by the Stormwater Authority. Applicants shall pay the application fee before the review process commences . The Stormwater Authority, or its designated agent, is authorized to retain a Registered Professional Engineer ( PE ) or other professional consultant to advise the Stormwater Authority on :any or all aspects of the application and/or the project' s compliance with conditions of a Stormwater Permit . The Stormwater Authority may require the applicant to pay reasonable costs to be incurred by the Stormwater Authority for the employment of outside consultants pursuant to Stormwater Authority regulations as authorized by M . G . L. c . 44, § 53G . Co To obtain a Stormwater Permit, the applicant must show that site design , construction -site stormwater management, and post- construction stormwater management will meet the standards established by the Stormwater Authority in its regulations, which shall be at least as stringent as the relevant requirements of the MS4 Permit and the Massachusetts Stormwater Handbook. D . The Stormwater Permit shall include measures to ensure adequate long-term operation and maintenance of stormwater management design features and BMPs . E . The Stormwater Authority may impose requirements, including but not limited to the following : ( 1 ) " A requirement that funds for future operation and maintenance be set aside in a dedicated fund or escrow account; ( 2 ) A permanent permit condition requiring compliance with an Operation and Maintenance Plan ; ( 3 ) A permanent permit condition requiring that the property owner submit an annual report or certification regarding operation and maintenance; (4) A requirement to record the Operation and Maintenance Plan ( or notice thereof) ; ( 5 ) A requirement that a legal instrument be put in place establishing responsibility for operation and maintenance of a stormwater BMP serving more than one lot . § 272 - 10 . Consent to Entry onto Property By signing the permit application, the. Applicant consents to the entry of members of the Stormwater Authority or its authorized agents on the property while the application , is under review to verify the information in the application , and at anytime after a Stormwater Permit is issued to inspect for compliance with Stormwater Permit conditions . Page 11 of 30 SPECIAL. TOWN MEETING NOVEMBER, 15 , 2021 § 272- 11 . Inspection and Site Supervision The Stormwater Authority or its designated agent shall make inspections to verify and document compliance with the Stormwater Permit . § 272- 12 . Surety The Stormwater Authority may require the applicant to post before the start of land disturbance or construction activity. The form of the surety shall be approved by the Stormwater Authority and be in an amount deemed sufficient by the Stormwater Authority to ensure that the work will be completed in accordance with the permit . If the project is phased , the Stormwater Authority may release part of the surety as each phase` is completed in compliance with the permit . Funds held pursuant to this Section shall be deposited in a separate account pursuant to M . G . L. c . 44, § 53G1/2 . Surety shall be in the form of a surety bond , irrevocable letter of credit, or cash . All interest shall be held within said account; surety shall be released upon satisfaction of all Permit requirements; upon satisfaction of all Permit requirements, applicant shall request, in writing, to the Town Treasurer, that the funds be released , the funds shall not be released until the Stormwater Authority certifies, in writing, that all requirements of the Permit have been met . If the permittee defaults on any obligations imposed by the Permit, the Stormwater Authority may ( after notification of the permittee ) inform the holder of the security ( and the municipal treasurer if the treasurer is not holding the funds ) of the default, in which event the Town shall be entitled to the security funds to complete the outstanding permit requirements . § 272- 13 . Waivers A. The Stormwater Authority, or its authorized agent, may waive strict compliance with any requirement of this Bylaw if it finds that : ( 1 ) Application of some of the requirements is unnecessary or impracticable because of the size or character of the development activity or because of the natural conditions at the site ; ( 2 ) The project is consistent with the purposes and intent of this Bylaw; and ( 3 ) The project provides substantially the same level of protection to the public health , safety, environment, and general welfare of the Town as required by this .Bylaw . B . Any person seeking a waiver shall submit a written waiver request . Such a request shall be accompanied by an explanation or documentation supporting the waiver request . C . Waiver requests, except those for activities eligible for Minor Stormwater Permits, shall be discussed and voted on at a public meeting for the project . D . Waiver requests for Minor Stormwater Permits may be approved by one or more agents of the Stormwater Authority rather than by majority of Stormwater Authority members . E . If in the opinion of the Stormwater Authority or its authorized agent, additional time or information is required for review of a waiver request, the Stormwater Authority may continue a meeting to a date announced at the meeting. In the event the Applicant objects to a continuance or postponement; or fails to provide requested information , the waiver request shall be denied . § 272- 14 . Enforcement The Stormwater Authority or its authorized agent shall enforce this Bylaw, and any associated regulations, orders, violation notices, and enforcement orders and may pursue all civil and criminal remedies for such violations . A . Criminal and Civil Relief. ( 1 ) Any person who violates the provisions of this Bylaw, or any associated regulations, permit, or order issued thereunder, may be subject to criminal penalties and prosecution in a court of competent jurisdiction and/or a fine of not more than $ 300 per violation . Each day or part thereof that such violation occurs or continues shall constitute a separate offense . ( 2 ) The Stormwater Authority may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation . B . Orders . Page 12 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 ( 1 ) The Stormwater Authority' s authorized agent may issue a written order to enforce the provisions of this Bylaw or any associated regulations or permit . Violations include, without limitation , failure to obtain a Stormwater Permit for an activity subject to this Bylaw, or failure to follow the requirements of a Stormwater Permit, or any other authorization issued pursuant to this Bylaw or regulations issued hereunder . The written order may require the violator to remediate the non - compliance and/or any adverse , impact caused by it, including without limitation : ( a ) A requirement to cease and desist from the land -disturbing activity until there is compliance with this Bylaw and provisions of the Stormwater Permit or other authorization ; ( b ) Maintenance, installation , or performance of additional erosion and sediment control measures ; ( c ) Monitoring, analyses, and reporting; ( d ) Remediation of erosion and sedimentation resulting directly or indirectly from the land - disturbing activity; ( e ) Construction , reconstruction , repair, or maintenance of stormwater BMPs or any other aspect of the post- construction stormwater management system ; (f) Remediation of adverse impacts resulting from improper construction or operation of the post-construction stormwater management system ; and/or ( g ) A requirement to eliminate discharges, directly or indirectly, into the MS4, a watercourse, or into the Waters of the Commonwealth . ( 2 ) Any order under this section may be appealed to the Stormwater Authority within five ( 5 ) days of the date of said order. All appeals shall be heard and decided within thirty ( 30 ) days . The decision of the Stormwater Authority shall be final . ( 3 ) If the Stormwater Authority or its authorized agent determines that abatement or remediation of contamination is required , the order shall set forth a deadline by which such abatement or remediation must be completed . Said order shall further provide that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town of Brewster may, at its option , undertake such work, and expenses thereof shall be charged to the violator . (4) Within 30 days after completing all measures necessary to abate the violation or to perform remediation , the violator and the property owner will be notified of the costs incurred by the Town , including administrative costs . The violator or property owner may file a written protest objecting to the amount or basis of costs with the Stormwater Authority within 30 days of receipt of the notification of the costs incurred . If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the Stormwater Authority affirming or reducing the costs, or from a final decision of a court of competent jurisdiction affirming or reducing the costs, the costs shall constitute a municipal charge for purposes of M . G . L. c.40, § 58, and a lien may be imposed on the property for the amount of the unpaid charge, pursuant to M . G . L. c .40, § 58 . Interest shall begin to accrue on any unpaid costs at the statutory rate provided in M . G . L. c . 59, § 57 on the 31st day after the costs first become due . Co Noncriminal disposition . As an alternative to criminal prosecution or civil action , the Town may elect to utilize the noncriminal disposition procedure set forth in M . G . L. c . 40, § 21D, in which case designated agents of the Stormwater Authority shall be the enforcing persons . The penalty for the first violation shall be a warning . The penalty for the second violation shall be $ 100 . The penalty for the third and subsequent violations shall be $ 300 . Each day or part thereof that such violation occurs or continues shall constitute a separate offense . D . Entry to perform duties under this Bylaw . To the extent permitted by local , state or federal law, or if authorized by the owner or other party in control of the property, the Stormwater Authority, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this Bylaw and regulations and may make or cause to be made such examinations, surveys or sampling as the Stormwater Authority deems reasonably necessary . E . Appeals . The decisions or orders of the Stormwater Authority shall be final . Further relief Page 13 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 shall be appealed to a court of competent jurisdiction . F . Remedies not exclusive . The remedies listed in this section are not exclusive of any other remedies available under any applicable federal , state, or local law . § 272 - 15 . Severability The provisions of this Bylaw are hereby declared to be severable . If any provision , paragraph, sentence, or clause of this Bylaw or the application thereof to any person , establishment, or circumstances shall be held invalid , such invalidity shall not affect the other provisions or application of this Bylaw . (Select Board ) ( Majority Vote Required ) Motion made by Select Board Member Kari Hoffmann , I move to approve Article No . 9 as printed in the warrant ; however, to amend section § 272 = 2 Definitions , APPLICANT, to replace the words "Land Disturbance Permit or Administrative Land Disturbance Approval" with the words "Storwater Permit" . Amendment made by Brewster Voter Bradford Malo : I move that in section 272 - 6 Exemptions , we add Item H . Construction on a single family house lot . ACTION on Amendment: DEFEATED — Voter Cards Amendment made by Select Board Member Kari Hoffmann: I move to amend the 1St sentence of Section 272 = 12 by inserting the word "surety" after the word " post" . ACTION on Amendment : ADOPTED - Voter Cards ACTION on Amended Main Motion : ADOPTED - Voter Cards 7 : 1 1pm ZONING BYLAW AMENDMENTS / Water Quality Protection District ARTICLE NO . 10 &, To see if the Town will vote to amend the Town Code by making the following amendments to the Water Quality Protection District section of Chapter 179 Zoning Bylaws, as shown below, with text to be deleted noted by StFikethFE) ug4 and text to be inserted show in bold and underlined , as follows : § 179 -53 Purpose . The purposes of this Water Quality Protection Bylaw are : A . To promote the health , safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Brewster; B . To preserve and protect all existing and potential sources of drinking water supplies within Brewster ' s borders; C. To identify uses that should be prohibited or allowed only by special permit and to establish performance standards that must be met for all uses within a Zone I , Zone : ll and /or the District of Critical Planning Concern ( " DCPC" ) . D . To protect groundwater and surface water resources from viral , pathogenic, phosphorus and nitrogen contamination and pollution from stormwater runoff; E . To complement the commonwealth ' s Department of Environmental Protection regulations governing groundwater protection and the commonwealth ' s efforts to protect surface , and coastal waters; F . To protect other sensitive water resource areas, including those land areas that contribute recharge to private drinking water supply wells ; G . To conserve the natural resources of the Town ; and H . To prevent temporary and permanent contamination of the water resources of the Town . § 179-54 Scope of authority; overlay district. This bylaw establishes regulations governing land uses and structures and their potential impact upon the Town ' s water resources . The provisions of Article XI are superimposed over all zoning districts and all land within the Town of Brewster and shall function as an overlay district . Where this article establishes rules, Page 14 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 regulations, requirements, standards or provisions that are stricter than the underlying zoning districts, including those uses and structures found in Table 1 of the Zoning Bylaw, the provisions of this article shall control . In addition , this article establishes specific requirements for land uses and activities within those portions of the Town of Brewster mapped and identified on the Zoning Map as the District of Critical Planning Concern , entitled " Brewster Water Protection District, " as adopted by the Barnstable County Assembly of Delegates pursuant to the Cape Cod Commission Act, which includes " Zone I " and " Zone II " and the " Groundwater Protection District " and the " Pleasant Bay Watershed . " § 179 -55 Definitions . As used in this article, the following terms shall have the following meanings indicated : AQUIFER Geologic formation composed of rock, sand , or gravel that contains significant amounts of potentially recoverable water . BEST MANAGEMENT PRACTICES Meas-Any structural or nonstructural mechanism designed to minimize the impact of non - point source pollution on receiving waters or resources, including, but not limited to : detention ponds, construction or installation of vegetative swales and buffers, street cleaning, reduced road salting, and public education programs . BUILDER ' S ACRE A unit of land measure equal to 40, 000 square feet, which is considered a building acre in accordance with standard real estate practices . COMMERCIAL FERTILIZERS Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed by its manufacturer to have value, in promoting plant growth . Commercial fertilizers do not include unmanipulated animal and vegetable manures, marl , lime, limestone, wood ashes, and gypsum . EARTH REMOVAL The removal or relocation of geologic materials, such as topsoil, sand , gravel, metallic ores, or bedrock. Mining activities are considered earth removal , whether the disturbed natural materials are removed from the site or reworked on the site . DEP The Massachusetts Department of Environmental Protection . DEVELOPMENT The construction , reconstruction , conversion , structural alteration , relocation , or enlargement of any structure; any mine, excavation , landfill, or land disturbance ; and /or any change in use, or alteration or extension of the use, of land . DISCHARGE The accidental or intentional disposal , deposit, injection , dumping, spilling, leaking, incineration , or placing of toxic or hazardous material or waste upon or into any land or water so that such hazardous waste or any constituent thereof may enter the land or waters of Brewster . Discharge includes, without limitation , leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on -site leaching structure or sewage disposal system . HAZARDOUS OR TOXIC MATERIALS Any substance or mixture of physical, chemical or any infectious characteristics posing a significant, actual or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Brewster . Hazardous or toxic materials include, without limitation , organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, solvents and thinners and products such as pesticides, herbicides in quantities greater than normal household use; and all substances defined as hazardous or toxic under MGL c . 21C and MGL c . 21E, using the Massachusetts Oil and Hazardous Substance List ( 310 CMR 40 . 0000 ) , and 310 CMR 30 . 000 . HAZARDOUS MATERIAL OR WASTE, HOUSEHOLD QUANTITY OF Any or all of the following : A . Two hundred seventy-five gallons or less of oil on site at any time to be used for heating of a structure or to supply an emergency generator; and Page 15 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 B . Twenty-five gallons ( or the dry weight equivalent) or less of other hazardous materials on site at any time, including oil not used for heating or to supply an emergency generator; and C . A quantity of hazardous waste at the very small quantity generator level as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30 . 353 . HISTORICAL HIGH GROUNDWATER TABLE ELEVATION A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey . IMPERVIOUS SURFACE Material or structure on , above or below the ground that does not allow precipitation or surface water to penetrate directly into the soil . LANDFILL A facility established in accordance with a valid site assignment for the purposes of disposing of solid waste into or on the land , pursuant to 310 CMR 19 . 006 . LOT As per § 179-2, Definitions . MINING The removal or relocation of geologic materials, such as topsoil , sand , gravel, metallic ores or bedrock whether the disturbed natural materials are removed from the site or reworked on the site . NITROGEN MANAGEMENT The process of ensuring that nitrogen generated by land uses does not exceed established capacities of the resources receiving nitrogen inputs . NONSANITARY WASTEWATER Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to, activities specified in the Standard Industrial Classification (SIC ) Codes set forth in 310 CMR 15 . 004 ( 6 ) . OPEN DUMP A facility which is operated or maintained in violation of the Resource Conservation and Recovery Act [42 U . S . c . § 4004 ( a ) ( b ) ] , or the regulations and criteria for solid waste disposal . PETROLEUM PRODUCT Petroleum or petroleum byproduct, including, but not limited to : fuel oil ; gasoline; diesel ; kerosene; aviation jet fuel ; aviation gasoline ; lubricating oils; oily sludge; oil refuse ; oil mixed with other wastes ; crude oils ; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas, including, but not limited to , liquefied natural gas, propane or butane . POTENTIAL DRINKING WATER SOURCES Areas that could provide significant potable water in the future . PROCESS WASTEWATER All wastewater disposed of onsite other than sanitary wastewater. RECHARGE AREAS Areas that collect precipitation or surface water and carry it or have it pumped to aquifers . Recharge areas may include areas designated as Zone I , Zone II or Zone III . SEPTAGE The liquid , solid., and semisolid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles . Septage does not include any material that is a hazardous waste, pursuant to 310 CMR 30 . 000 . SLUDGE The solid, semisolid, and liquid residue that results from a process of wastewater treatment or drinking water treatment . Sludge does not include grit, screening, or grease and oil which are removed at the headworks of a facility . STORMWATER MANAGEMENT The process of ensuring that the magnitude and frequency of stormwater runoff does not increase the hazards associated with flooding and that water quality is not compromised by untreated stormwater flow . Page 16 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 SUBDIVISION The division or redivision of a lot, tract, or parcel of land into two or more lots, tracts, or parcels in accordance with MGL c . 41 § 81L. TIGHT TANK Any and all containers or devices with regard to or used for wastewater disposal as defined and regulated by the State Sanitary Code, 310 CMR 15 . 260 . TREATMENT WORKS Any and all devices, processes and properties , real or personal , used in the collection , pumping, transmission , storage, treatment, disposal , recycling, reclamation , or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal . VERY SMALL QUANTITY GENERATOR Any public or private entity, otherthan residential, which produces less than 27 gallons ( 100 kilograms ) a month of hazardous waste or waste oil , but not including any acutely hazardous waste as defined in 310 CMR 30 . 136 . WASTE OIL RETENTION FACILITY A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c . 21, § 52A . WATER QUALITY REVIEW COMMITTEE (WQRC) Committee to be appointed by the Select Board to include eight members; one member each from the Select Board , Board of Health , Planning Board , Conservation Commission , Comprehensive Water Planning Committee and Water Commissions, the Brewster Building Commissioner and the Brewster Health Agent . At the initial appointment, to occur no later than three weeks - after the effective date of this bylaw, members other than the Building Commissioner and the Health Agent shall be appointed for one-, two - and three -year terms and thereafter all members shall be appointed for three-year terms . The Building Commissioner and Health Agent shall serve as members of the WQRC while they are employed in their respective positions . ZONE I The immediate land area around a well . It is defined as a four- hundred -foot protective radius for wells greater than 100, 000 gpd and a radius of 100 to 400 feet for wells less than 100, 000 gpd , depending upon the pumping rate . The Zone I must be owned by the water supplier or controlled through a conservation restriction . Only water supplier activities are allowed in the Zone I . ZONE II The DEP - approved area of an aquiferwhich contributes waterto a well underthe most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22 . 00 . The Zone II includes the Zone I . ZONE III The land area beyond the area of Zone 11 from which surface water and groundwater drain into Zone II . Zone III boundaries are determined by identifying the topographic surface water drainage divides . The surface water drainage area commonly coincides with the groundwater drainage ; however, in areas where they are not coincident, the Zone III encompasses both the surface and groundwater drainage area . § 179-56 Use regulations . A. Provided that all necessary permits, orders, or approvals as required by local , county, state, or federal law are also obtained and RetWi+ hetEIRdiRg an " me iirmm � ri+ + e the n + r Fy f cl WithiR th FtiGln the following uses and activities shall not independently trigger the need for a Special Permit and shall be allowed as long as the uses and activities comply with applicable he exempted from the FequiremeentsE)f -t-his @ iGle and may eeeur witheut—aspzGi@l peFmit Performance Standards established in Section 179-57 . ( 1 ) GeRtiRueus tFansit � the tF@RSP9Ft@tiGR 9f h@Z@FdG61S wastes 9F materials, pFevidep] that the t Fa RSrfert ; Rg metes: vehicle it in GE) RtiR lei 5 tr nc- i+ • 't'1Y1't1� Page 17 of 30 SPECIAL TOWN MEETIN NOVEMBER 15 , 2021 ( 3 ) Retail/wholesale sales/office/commercial uses with a lot size below 40 , 000 square feet and building area less than 5 , 000 square feet that store or handle hazardous materials or wastes in amounts that do not exceed household quantities; (4) Construction activities : The activities of constructing, repairing, or maintaining any building or structure, provided that all contractors, subcontractors, laborers, and their employees follow all local , county, state and federal laws when using, handling, storing, or producing any hazardous materials or wastes; ( 5 ) Household use : the h,� l 1spho; el use of hazardous materials or wastes in amounts that do not exceed household quantities; ( 6 ) Municipal use : the municipal use of hazardous materials and any materials stored and used for the sole purpose of water supply treatment or as required by law; ( 7 ) Storage of oil (s ) : the storage of oil ( s ) used for heating fuel , provided that the container used for such storage shall be located within an enclosed structure that is sufficient to preclude leakage of oil to the external environment and to afford routine access for visual inspection and shall be sheltered to prevent the intrusion of precipitation ; ( 8 ) Conservation of soil, water, plants, and wildlife ; ( 9 ) Outdoor recreation , nature study, boating, fishing, and hunting where otherwise legally permitted ; ( 10 ) Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; ( 11 ) Use and development of single-family residential dwelling units; ( 12 ) Use of land pursuant to an approved definitive subdivision plan , special permit, or variance ; ( 13 ) Farming, gardening, nursery, conservation , forestry, harvesting, and grazing; ( 14) Construction , maintenance, repair, and enlargement of drinking-water-supply- related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels; ( 15 ) Underground storage tanks related to permitted activities . B . Prohibited uses within the Town of Brewster . The following uses are prohibited throughout and within the Town of Brewster : ( 1 ) ( Reserved ) ( 2 ) Landfills receiving only wastewater and/or septage ( wastewater residuals " monofils " ) as defined in 310 CMR 32 . 05 , approved by the DEP pursuant to MGL c . 21, § § 26 through 53 ; MGL c. 111, § 17 ; MGL c . 83 , § § 6 and 7, and regulations promulgated thereunder . ( 3 ) Storage of sludge and septage, as defined in 310 CMR 32 . 05 , unless such storage is in compliance with 310 CMR 32 . 30 and 310 CMR 32 . 31 . (4) Storage of deicing chemicals, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate . ( 5 ) Storage of animal manure, unless such storage is covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate . ( 6 ) Earth removal not consistent with § 179-39 of the Brewster Zoning Bylaw . ( 7 ) Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30 . 000, except for the following : ( a ) Very small quantity generators of Class A regulated recyclable material as defined under 310 CMR 30 . 000 . ( b ) Household hazardous waste centers and collection events under 310 CMR 30 . 390 . Page 18 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 ( c) Waste oil retention facilities required by MGL c . 21, § 52A . ( d ) Water remediation treatment works approved by the Department of Environmental Protection ( DEP ) designed in accordance with 314 CMR 5 . 00 for the treatment of contaminated groundwater or surface waters and operated in compliance with MGL c . 21E and 310 CMR 40 . 0000 . ( 8 ) Automobile graveyards and junkyards, as defined in MGL c. 1408, § 1 . ( 9 ) Storage of dry hazardous materials, as defined in MGL c . 21E, unless in a freestanding container within a building or above ground with adequate secondary containment adequate to contain a spill the size of the container ' s total storage capacity . ( 10 ) Storage of fertilizers unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate . 0 ar ;2, 500 square feet, recult in the rJnlrr -. rl -+ + iron nF rrrnURrlw -. + nr qua li+1i ( 12 ) Any commercial floor drainage system which discharges to the ground without a DEP permit or authorization . C. Prohibited uses within Zones I and Zones II of the Groundwater Protection District . The following uses, which may be allowed in other areas of the Town of Brewster, are prohibited in Zones I and II of the Groundwater Protection District . Notwithstanding language to the contrary found within § 179 -52 of the Zoning Bylaw, no variance for a use or activity not otherwise permitted shall be granted by the Board of Appeals within Zones I or Zones II of the Groundwater Protection District . ( 1 ) Storage of liquid petroleum and/or liquid hazardous products ( as defined in MGL c . 21E ) , except the following : normal household use, outdoor maintenance and heating of a structure; fuel storage facilities as licensed by the Town , waste oil retention facilities required by statute, rule or regulation ; emergency generators required by statute, rule or regulation . ( 2 ) Petroleum , fuel oil , and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas . ( 3 ) Treatment works that are subject to 314 CMR 5 . 00 ( not Title 5 septic systems ) , including privately owned sewage treatment facilities, except for the following : ( a ) The replacement or repair of an existing treatment works that will not result in a system capacity greater than the system capacity of the existing treatment works; ( b ) The replacement of existing subsurface sewage disposal system ( s ) with wastewater treatment works that will not result in a system capacity greater than the system capacity of the existing system (s ) ; ( c ) Treatment works approved by DEP designed for the treatment of contaminated groundwater; and ( d ) Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to DEP and the Planning Board ' s satisfaction that these problems are attributable to f current septic problems and that there will be a net improvement in water quality . (4) Stockpiling and disposal of snow or ice removed from highways and streets located outside of a Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal . ( 5 ) Earth removal , consisting of the removal of soil , loam , sand , gravel , or any other earth material within 10 vertical feet of historical high groundwater table elevation , as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey . ( 6 ) Industrial and commercial uses which discharge process wastewater on site . ( 7 ) Facilities or works for the treatment or disposal of nonsanitary wastewater that are subject to 314 CMR 5 . 00, or that discharge to the ground nonsanitary wastewater, including industrial and commercial process wastewater, except the following : Page 19 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 ( a ) The replacement or repair of an existing system/treatment works that will not result in a design capacity greater than the design capacity of the existing system/treatment works ; ( b ) Treatment works approved by the Department of Environmental Protection $ designed for the treatment of contaminated groundwater and operating in compliance with 314 CMR 5 . 05 ( 3 ) or 5 . 05 ( 13 ) ; and ( c) Publicly owned treatment works . ( 8 ) Storage of commercial fertilizers, as defined herein and in MGL c . 128, § 64 . ; ( 9 ) Gasoline stations, automotive service stations or car washes or motor vehicle or commercial boat storage or repair . For the purposes of this chapter, " commercial " is defined as any "activity involving the sale of goods or services carried out with the intent of earning a profit . ( 10 ) Dry- cleaning establishments . D . Uses/structures allowed by special permit . ( 1 ) Unless otherwise exempted or prohibited elsewhere by this article and as otherwise permitted in the underlying zoning district, the following uses and activities shall require a special permit from the Planning Board . Where the use or activity requires a special permit from another special permit granting authority, the provisions of this article shall nevertheless apply, although the Planning Board and the other special permit granting authority may hold a combined public, hearing pursuant to MGL c . 40A, § 9 in lieu of separate public hearings : ( a ) ( Reserved ) ( b ) The application for the construction of 10 or more dwelling units, whether on one or more contiguous lots, tracts, or parcels, or whether contained within one or more structures; ( c) The application for a nonresidential use of 40, 000 square feet or greater in lot size or 5, 000 square feet or greater of gross floor area ; ( 2 ) Provided that the following uses and /or structures are permitted by the underlying zoning district and other relevant regulations, a special permit may be issued by the Planning Board for the following uses and /or structures, provided that the Planning Board may impose conditions upon the use or structure, consistent with the authority provided in MGL c . 40 § 9, such that the use or structure will not, in the Planning Board ' s sole judgment, be inconsistent with the purpose and intent of this bylaw . Notwithstanding the powers hereby conveyed by this article and MGL c . 40A, § 9 to the Planning Board and in recognition of the expertise found within the members of the Water Quality Review Committee, the Planning Board shall , in accordance with the procedures of MGL c. 40A, § 11, cause all applications for a special permit pursuant to this article to be submitted to the Water Quality Review Committee for the Committee ' s comments and recommendations as provided by MGL. C . 40A, § 11 . The Planning Board shall include in its decision an explanation regarding any substantive deviation from the Committee ' s recommendation regarding the approval , denial , or conditional approval of the special permit application . ( a ) The application of fertilizers for nondomestic or nonagricultural uses . Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and sedimentation and shall conform to Chapter 119 of the Brewster Town Code, Fertilizer Nutrient Control . ( b ) The construction of dams or other water control devices, ponds, pools or other changes in water bodies or courses, created for swimming, fishing or other recreational uses, or drainage improvements . 0 quality. Fer PA. Are .side.-Rti@1 uses, Feehaicge shall be by 5t9pR; 1.A.1AtPr infiltratie4basiRs er simi ! @F systems eE) veFed With R@tUFal vegetatien , and dFy wells shall be used enly where ethei: metheds aFe iRfeasible . fi ll ) y.4ArhiRg E) FdeF by the GWRep Page 20 of 30 SPECIAL TOWN MEETINGr NOVEMBER 15 , 2021 ( d ) Any use which : involves on -site wastewater disposal facilities having over 10, 000 gallons per day capacity or disposal of process waste from operations other than personal hygiene and food for residents, patrons and employees . ( e ) Commercial boat and motor vehicle storage, service or repair. For the purposes of this Chapter, if is defined as any activity involving the sale of goods or services carried out with the intent of earning a profit. (f) Storage of home heating fuels in approved containers in amounts greater than 275 gallons or in the aggregate, greater than 275 gallons . ( g) Treatment works that are subject to 314 CMR 5 . 00, including privately owned sewage treatment facilities, and : [ 1 ] The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works . [ 2 ] The replacement of existing subsurface sewage disposal system (s ) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system ( s ) . [3 ] Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater . [4] Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to the Department of Environmental Protection ' s and the special permit granting authority ' s satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality . § 179 - 57 Performance standards . To preserve the natural land surface providing high - quality recharge to the groundwater, to limit sewage flow and fertilizer application to amounts which will be adequately diluted by natural recharge and to prevent the discharge or leakage of toxic or hazardous substances into the surface and groundwater resources, all new, altered or expanded uses within Zone I , Zone II and/or the DCPC area shall meet the following performance standards, in addition to those requirements imposed by this article or the Planning Board : {�} A. No new, altered or expanded uses within Zone I , Zone II and/or the DCPC area shall exceed a five- parts- per- million ( ppm ) nitrogen loading standard based on the methodology contained iR the Gape Gede rnmmissieR ' s Nit ge 1 rd ' nrt Ter.- hpie.al R1 111ptiR 91 001 in the Brewster Board of Health Nitrogen Loading Regulation . The overall concentration of nitrate nitrogen resulting from domestic wastewater disposal , road runoff, and fKeay fertilizer application , and other nitrogen sources , when diluted by rainwater recharge on the lot, shall not exceed five parts per million ( 5 ppm ) . The policies and procedures in the Brewster Board of Health Nitrogen Loading Regulation will be used to confirm compliance with the 5 mg/ L standard . The regulation requires the use of a nitrogen loading spreadsheet developed by the Board of Health to calculate the nitrogen concentration for a subiect Property based on the proposed land uses . The Board of Health or the Health Agent, or their designee , will `review the proposed project and the nitrogen loading spreadsheet calculations for compliance with the health regulation and the performance standards in this Bylaw. is r ,T6 staid @F ds sh -SII be u se4 I iQQQ squ@Fe feet 0 , ( d ) Rune#fFeM reads and waYsO 1 . 50-, g 17 Tei—Runeff frerp reefr : o . 7E; mgT; B . All toxic or hazardous materials shall be stored in product-tight containers, protected from corrosion , accidental damage or vandalism , and shall be used and handled in such a way as to prevent spillage with provisions for spill containment and cleanup procedures . In addition , commercial enterprises shall be required to maintain a product inventory and reconcile said inventory with purchase, use, sales and Page 21 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 disposal records at sufficient intervals to detect product loss . Subsurface fuel and chemical storage facilities in compliance with local regulations and Massachusetts fire prevention regulations shall be deemed to be in compliance with this standard. Co No toxic or hazardous materials shall be present in waste disposed on the site . Waste composed in part or entirely of toxic or hazardous materials shall be retained in product-tight containers for removal and disposal by a licensed scavenger service or as directed by the Board of Health . D . Contaminant levels in groundwater resulting from disposal of any substance from operations, other than personal hygiene and food for residents, patrons and employees or from wastewater treatment and disposal systems greater than 10, 000 gallons per day capacity, shall not exceed those levels specified in the Drinking Water Regulations of Massachusetts, 310 CMR , 22 . 00, after allowing for dilution by natural recharge on the premises . If higher, background levels of' individual constituents in the groundwater shall not be exceeded . E . All new, altered or expanded uses shall comply with the requirements of the Stormwater Management Bylaw ( Chapter 272 ) to collect, treat and manage stormwater. 411 r , pAff fp9m imperviely tel . Fa The PI@RRiRg BG@Pd shall eRsuFe that ! @Rd uses, stFueture .sand. related developi:neRtS GeRfE) Fm te the f� IIE) Wing perfermanee Stag aFGIS f n + ( 2 ) Rest develepmeRt diSGh@Fge Fates Shall REA be gFeateF thaR pFedevelepmeRt diSC; haFge Fates .. ( 3 ) Newa n ve�lnp imn Tc Shall i Quimmrri cn- cch uFge +v SFe ui;uwcr+ ci . 0 r_uspeRde d selids ge n + nrd fFem .dn I Nmn + e O G . Sand and gravel removal operations shall be limited to a plane that is at least 10 feet above the historical high g"roundwater level for that location . Land area exposed at any one time shall be limited to no more than five contiguous acres in surface area and land disturbed by sand and gravel removal operations shall be returned to a natural vegetative state within one year of completion of operations . H . Monitoring of regulated substances in groundwater monitoring wells . If required by the Planning Board , groundwater monitoring well ( s ) shall be provided at the expense of the applicant in a manner, number, and location approved by the Planning Board . Except for existing wells found by the Planning Board to be adequate for this provision , the required well (s ) shall be installed by a water well contractor. Samples shall be analyzed and analytical reports that describe the quantity of any hazardous material or waste present in each monitoring well shall be prepared by a Massachusetts certified laboratory . § 179- 58 Prohibited uses within Pleasant Bay Watershed . ( Reserved ) § 179-58 . 1 Uses/structures allowed by special permit within the Pleasant Bay Watershed . ( Reserved ) § 179-58 . 2 Performance standards within Pleasant Bay Watershed . ( Reserved ) § 179- 59 Prohibited uses within the watersheds of surface water bodies other than Pleasant Bay. ( Reserved ) § 179-59 . 1 Uses/structures allowed by special permit within watersheds of surface water bodies other than Pleasant Bay . ( Reserved ) Page 22 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 § 179 - 59 . 2 Performance standards within watersheds of surface water bodies other than Pleasant Bay . ( Reserved ) § 179 - 60 ( Reserved ) § 179 - 61 Water quality review . A. Water Quality Review Committee . There is hereby established a Water Quality Review Committee (WQRC), comprising one representative each appointed from time to time by and from the Select Board , Board of Health , Planning Board , Conservation Commission , Water Commission , Comprehensive; Water Planning Committee, Health Director and Building Commissioner. B . Certificate of water quality compliance . ( 1 ) A certificate of . water quality compliance shall be obtained by the owner of the premises from the WQRC or, for special permit uses, from the SPGA : ( a ) For erection of any new principal structure other than a single-family dwelling or for change in occupancy requiring a certificate of use and occupancy under the State Building Code . ( b ) For occupancy of any premises not requiring a Certificate of use and occupancy but involving the storage, handling or transportation of toxic or hazardous wastes . ( 2 ) No building permit or certificate of use and occupancy shall be issued by the Building Commissioner unless a certificate of water quality compliance, if required , has been applied for or obtained . C . Requirements . A certificate of water quality compliance shall be granted only as follows : ( 1 ) For new construction or additions or new activities not involving structures, only if in full compliance with all requirements of § 179-57, Performance standards . ( 2 ) For change in occupancy or operation on previously developed premises, only if the requirements of § 179-57B, C and D are met, and the requirements of all other subsections of § 179 -57 are either met or, if previously ' exceeded , there will be no further increase in noncompliance . D . Submittals . In applying for a certificate of water quality compliance or a special permit, &e*94rtwo paper sets and one electronic copy of application materials shall be submitted to the Building Commissioner, who shall forward era— them to each member of the WQRC . In the case of uses requiring a special permit under § 179-56D, one set shall also be submitted to the SPGA along with any other application materials . All information necessary to demonstrate compliance must be submitted , including but not limited to the following : ( 1 ) A complete list of all chemicals, pesticides, fuels and other potentially toxic. or hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures to protect from vandalism , corrosion and leakage and to provide for control of spills . ( 2 ) A description of potentially toxic or hazardous materials to be generated , indicating storage and disposal method . ( 3 ) Evidence of approval by the Massachusetts Department of Environmental Protection of any industrial waste treatment or disposal system or any wastewater treatment system over 15 , 000 gallons per day capacity, accompanied by analysis by a professional engineer in sanitary or civil engineering registered in the Commonwealth of Massachusetts certifying compliance with § 179-57, D . E . Action . For uses not requiring a special permit under § 179- 561), the WQRC shall act within 21 days of application , approving it by issuing a certificate of compliance if a majority determine that the applicant has adequately demonstrated compliance with the requirements of the Water Quality Protection District, and rejecting the application otherwise . For uses requiring a special permit under § 179-56D, the WQRC shall make recommendations to the SPGA within 35 days of receipt of the application , as provided in MGL c . 40A, § 11 . F . Certificate review . ( 1 ) Each three years the WQRC shall review compliance with this article and the certificate of water quality compliance . Upon request, certificate holders shall submit the following : Page 23 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 ( a ) Description of any changes from the originally submitted materials . ( b ) ^ F^ ^ ^ r ^ ^ ^ patiRg cneRdi ^ ^ . Description of any maintenance , repair, replacement, or expansion of the existing sewage disposal system , sewage pumping, or certified inspections completed from the date of the issuance of the. last certificate renewal . The Certificate holder shall self-certify that the sewage disposal system has been properly maintained and is in proper operating condition . ( c) Results from analysis of leachate or wastewaters as may be required by the Board of Health . ( d ) Documentation on the operation and maintenance of stormwater facilities permitted under the Stormwater Management BVlaw ( Chapter 272) . ( 2 ) Evidence of noncompliance shall be reported to the Building Commissioner for enforcement action who shall have the authority to enforce the provisions of this bylaw. § 179 - 62 Enforcement . A. Inspection . These provisions shall be enforced by the Building Commissioner . The Building Commissioner or agent of the Board of Health may enter upon the premises at any reasonable time to inspect for compliance with the provisions of this article . Evidence of compliance with approved waste disposal plans may be required by the enforcing officers . All records pertaining to waste disposal and removal shall be retained . B . Violations . Written notice of any violations shall be provided to the holder of the certificate of water quality compliance, specifying a time for compliance, including cleanup of any spilled materials which is reasonable in relation to the public health hazard involved and the difficulty of compliance, but in no event shall more than 30 days be allowed for either compliance or finalization of a plan for longer term compliance, approved- by the WQRC. ( Planning Board ) (Two Thirds Vote Required ) Motion made by Planning Board Member Amanda Bebrin : I move to approve Article No . 10 as printed in the warrant ; however, to amend section § 179 - 55 Definitions , WATER QUALITY REVIEW COMMITTEE (WQRC) , to replace the word " eight" with the word " seven" and to delete the words " Comprehensive Water Planning Committee . " ACTION : ADOPTED by a Moderator declared greater than 2 / 3 vote — Voter Cards 7 : 19pm ZONING BYLAW AMENDMENTS / Floodplain District ARTICLE NO . 11 : To see if the Town will vote to amend the Town Code by making amendments to the Floodplain District section of Chapter 179 Zoning Bylaws, by deleting existing text and replacing with new text as follows . § 179 -7 Floodplain District. The Floodplain District is established as an overlay district . All uses otherwise permitted in the underlying district are allowed , provided that they meet the following additional requirements, as well as those of the Massachusetts State Building Code dealing with construction in floodplains and coastal high hazard areas . A . Statement of purpose . The purposes of the Floodplain District are to : ( 1 ) Regulate development in areas subject to coastal storm flowage, particularly high hazard velocity zones, in order to minimize threats to public safety, potential loss of life, personal injury, destruction of property, and environmental damage inevitably resulting from storms, flooding, erosion and relative sea level rise . ( 2 ) Enable safe access to and from coastal homes and buildings for homeowners and emergency response personnel , such as police, fire and rescue departments or other emergency response officials . ( 3 ) Reduce or prevent public health emergencies resulting from surface and ground water contamination Page 24 of 30 _.. SPECIAL TOWN MEETING NOVEMBER 15 , 2021 from inundation of or damage to sewage disposal systems and storage areas for typical household hazardous substances . (4 ) Minimize mone=tary loss and public health threats resulting from storm damage to public facilities (water and gas mains, electric, telephone lines, streets, bridges, etc. ) . Avoid the loss of utility services which , if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding . ( 5 ) Eliminate costs associated with the response to and cleanup of flooding conditions . ( 6 ) Reduce damage to public and private property resulting from flooding waters . B . Definitions . As used in this section , the following words shall have the meanings specified herein : AREA OF SPECIAL FLOOD HAZARD The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, X, and VE . [ Base Code, Chapter 2 , Section 202] BASE FLOOD The flood having a one- percent chance of being equaled or exceeded in any given year . COASTAL HIGH HAZARD AREA The area subject to high -velocity waters, including but not limited to hurricane wave wash or tsunamis . The area is designated on a FIRM as Zone VE . DEVELOPMENT Any man - made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials . [ US Code of Federal Regulations, Title 44, Part 59] DISTRICT Floodplain District . EXISTING MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be fixed ( including, at minimum , the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads ) is completed before the effective date of this section . EXPANSION TO AN EXISTING MANUFACTURED HOMEPARK OR SUBDIVISION The preparation of additional sites by the construction of facilities for servicing lots on which the manufactured homes are to be affixed ( including the ,installation of utilities, the construction or streets, and either final_ site grading or pouring of concrete pads ) . FEDERAL EMERGENCY MANAGEMENT AGENCY ( FEMA) Administers the National Flood Insurance Program ( NFIP ) . FEMA provides a nationwide flood hazard mapping study program for communities as well as regulatory standards for development in the flood hazard areas . FLOOD INSURANCE RATE MAP ( FIRM ) An official map of a community on which FEMA has delineated both areas of special flood hazard and risk premium zones applicable to the community . FLOOD INSURANCE STUDY ( FIS ) An examination , evaluation , and determination of flood hazards, and , if appropriate, corresp=onding water surface elevations , or an examination , evaluation and determination of flood - related erosion hazards . FUNCTIONALLY DEPENDENT USE A use which cannot perform its intended purpose unless it is located or carried out in close 'proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities . [ US Code of Federal Regulations, Title 44, Part 59 ] Also [ Referenced Standard ASCE 24- 14] HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure . [ US Code of Federal Regulations, Title 44, Part 59 ] HISTORIC STRUCTURE Any structure that is : ( a ) Listed individually in the National Register of Historic Places ( a listing maintained by the Department of Interior ) or preliminarily determined by the Secretary of the Interior as meeting the requirements Page 25 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 for individual listing on the National Register; ( b ) Certified or preliminarily determined by the Secretary of the Interior as contributingto the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; ( c ) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or ( d ) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either : ( 1 ) By an approved state program as determined by the Secretary of the Interior or ( 2 ) Directly by the Secretary of the Interior in states without approved programs . [ US Code of Federal Regulations, Title 44, Part 59 ] LAND SUBJECT TO COASTAL STORM FLOWAGE Land subject to inundation caused by coastal storms up to and including the one- hundred -year flood , surge of record , or flood of record , whichever is greater. The one- hundred -year flood ( or base flood as it is also referred to ) means the flood having a one- percent chance of being equaled or exceeded in any given year. The seaward limit is mean low water. LOWEST FLOOR The lowest floor of the lowest enclosed areas ( including basement or cellar) . An unfinished or flood - resistant enclosure, usable solelyfor parking of vehicles, building access or storage in an area other than a basement area is not considered a building ' s lowest floor, provided that such enclosure is not built so as to render they structure in violation of the applicable non - elevation design requirements of NFIP Regulations 60 . 3 . MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities . For purposes of the application of this Floodplain District Bylaw, the term " manufactured home " also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days . For insurance purposes, the term " manufactured home" does not include park trailers, travel trailers, and other similar vehicles . MANUFACTURED HOME PARK OR SUBDIVISION A parcel ( or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale . NATIONAL FLOOD INSURANCE PROGRAM ( NFIP) Is administered by the Federal Emergency Management Agency ( FEMA) . NEW CONSTRUCTION Structures for which the start of construction commenced on or after June 6, 1985 (the effective date of the first Flood Insurance Rate Map and accompanying regulations ) . New construction includes work determined to be substantial improvement . NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes . are to be affixed ( including, at minimum , the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads ) is completed on or after the effective date of this - Floodplain District Bylaw . ONE HUNDRED YEAR FLOOD See " base flood . " RECREATIONAL VEHICLE A vehicle which is : ( a ) Built on a single chassis, ( b ) 400 square feet or less when measured at the largest horizontal projection , ( c) Designed to be self- propelled or permanently towable by a light duty truck; and ( d ) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational , camping, travel, or seasonal use . ( Note : Recreational Vehicles are only allowed in Brewster in licensed camping facilities ) SEA- LEVEL RISE BASE FLOOD ELEVATION (SLR- BFE ) The elevation of surface water resulting from any inundation caused by coastal storms up to and including that predicted to be caused by the 1% annual storm for the Target Year, as defined by the best available coastal flooding model . SPECIAL FLOOD HAZARD AREA An area having special flood and /or flood related erosion hazards, and shown on a FIRM as Zone A, AE, VE . Page 26 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 START OF CONSTRUCTION The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction , repair, reconstruction , rehabilitation , addition , placement or other, improvement is within 180 days after the date of issuance . The actual start of construction means the first placement of permanent construction of a building ( including a manufactured home ) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns . Permanent construction does not include land preparation (such as clearing, excavation , grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building . For a substantial improvement, the actual "start of construction " means the first alteration of any wall , ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building .. [ Base Code, Chapter 2, Section 202] STRUCTURE For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground , as well as a manufactured home . SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before- damaged condition would equal or exceed 50 % of the market value of the structure before the damage occurred . SUBSTANTIAL IMPROVEMENT Any reconstruction , rehabilitation , addition , or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement . This term includes structures which have incurred substantial damage, regardless of the actual repair work performed . SUBSTANTIAL REPAIR OF A FOUNDATION When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50 % of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50 %: of the piles , columns or piers of a pile, column or pier supported foundation , the building official shall determine it to be substantial repair of a foundation . Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR . [As amended by MA in 9th Edition BC] VARIANCE A grant of relief by a community from the terms of a flood plain management regulation . [ US Code of Federal Regulations, Title 44, Part 59 ] . VIOLATION The failure of a structure or other development to be fully compliant with the community' s flood plain management regulations . A structure or other development without the elevation certificate , other certifications, or other evidence of compliance required in § 60 . 3 ( b ) ( 5 ) , ( c) (4) , ( c) ( 10 ) , ( d ) ( 3 ) , ( e ) ( 2 ) , ( e ) (4) , or ( e ) ( 5 ) is presumed to be in violation until such time as that documentation is provided . [ US Code of Federal Regulations, Title 44, Part 59 ] ZONES ZONE A The one- hundred-year floodplain area where the base flood elevation ( BFE ) has not been determined . To determine the BFE, use the best available federal , state, local or other data . ZONE AE The one- hundred -year floodplain where the base flood elevation has been determined . ZONE X Areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard . ZONE VE Special flood hazard areas along a coast subject to inundation by the one- hundred -yearflood with additional hazards due to velocity ( wave action ) . Base flood elevations have been determined . C . Floodplain District boundaries and base flood elevation data . ( 1 ) The Floodplain District includes all special flood hazard areas within the Town of Brewster designated as Zone A, AE, AH , A0, A99, V or VE on the Barnstable County Flood Insurance Rate Map ( FIRM ) issued by the Federal Emergency Management Agency ( FEMA) for the administration of the National Flood Insurance Program dated July 14, 2016 . The exact boundaries of the District may be defined by the 1 % chance base flood elevations shown on the FIRM and further defined by the Barnstable County Flood Insurance Study ( FIS ) report . The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board , Building Commissioner and Conservation Commission . ( 2 ) Base flood elevation data . Base flood elevation data is required for subdivision proposals or other Page 27 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 developments greater than 50 lots or five acres; whichever is the lesser, . within unnumbered A zones . a . Within Zone A. where the base flood elevation is not provided on the FIRM, the applicant shall cause a qualified professional to provide any existing base flood elevation data , which data shall be reviewed by the Building Commissioner/Zoning Agent for its reasonable utilization toward meeting the elevation or floodproofing requirements as appropriate, of the State Building Code . b . Pursuant to the Wetlands Protection Act ( G . L. c . 131 , Section 40 and 310 CMR 10 . 00, et seq . ) , the . Brewster Conservation Commission may require any bui:lding or other structure, in the event of any substantial repair of the foundation , any substantial improvement, or any restoration of substantial damage, the entire building or structure shall be elevated at least two ( 2 ) feet above the SLR- BFE . D . Use regulations . ( 1 ) All provisions of the Code of the Town of Brewster, Chapter 179, shall remain applicable within the Floodplain District; provided , however, where the Floodplain District Bylaw imposes additional or conflicting requirements, the more stringent local requirements shall prevail . All development in the Floodplain District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with ( Chapter 131, Section 40, of the Massachusetts General Laws and with the following : a . Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas ( currently 780 CMR ) . b . Wetlands Protection Regulations, Department of Environmental Protection ( DEP ) ( currently 310, CMR 10 . 00 ) . c . Inland Wetlands Restriction , IMP ( currently 310 CMR 13 . 00 ) . d . Coastal Wetlands Restriction , DEP ( currently 310 CMR 12 . 00 ) . e . Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP ( currently 310 CMR 15 , Tile 5 ) . f. Brewster Wetlands Protection Bylaw ( currently Chapter 172, Brewster Town Code ) . g . Brewster Wetlands Conservancy District ( currently Chapter 179, Article II, § 179-6, Brewster Town Code ) . ( 2 ) Any departure from the provisions and requirements of the above - referenced state or local regulations may only be granted in accordance with the required variance procedures of these state or local regulations . A variance from this Floodplain Bylaw must meet the requirem=ents set out by State law, and may only be granted if: 1 ) Good and sufficient cause and exceptional non -financial hardship exist; 2 ) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3 ) the variance is the minimum action necessary to afford relief. ( 3 ) If the State issues a variance to the flood - resistant standards as found in the Massachusetts State Building Code, the Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community' s files . The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that ( i ) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $ 25 for $ 100 of insurance coverage and ( ii ) such construction below the base flood level increases risks to life and property . Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district . Page 28 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 E . Recommended uses . The following uses, which present low flood damage potential and are unlikely to cause obstructions to flood flows, are encouraged , provided they are permitted in the underlying district and do not require structures, fill, or the storage of either materials or equipment . ( 1 ) Agricultural uses such as farming, grazing, truck farming, horticulture , etc. ( 2 ) Forestry and nursery uses . ( 3 ) Outdoor recreational uses, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted . (4) Conservation of water, plants and wildlife . ( 5 ) Wildlife management areas, foot, bicycle, and/or horse paths and bridges provided such uses do not affect the natural flow pattern of floodwaters or of any watercourse . ( 6 ) Temporary nonresidential structures used in connection with fishing, hunting, bird watching, growing, harvesting, storage, or sale of crops raised on the premises . ( 7 ) Buildings and uses lawfully existing prior to the adoption of these provisions . F . Use limitations . ( 1 ) M-an - made alteration of sand dunes within Zone VE that increase potential flood damage is prohibited . ( 2 ) All new construction within Zone VE is required to be located landward of the reach of mean high tide . ( 3 ) All subdivision proposals shall be reviewed to assure that : a . Such proposals minimize flood damage ; b . All public utilities and facilities are located and constructed to minimize or eliminate flood damage ; and c . Adequate drainage is provided to reduce exposure to flood hazards . (4 ) Existing contour intervals of site and elevations of existing structures must be included on plan proposals . ( 5 ) Within Zones AO and AH on the FIRM , adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures . ( 6 ) All recreationa [ Vehicles to be placed on a site must be : a . elevated and anchored in accordance with the zone' s regulations for foundation and elevation requirements; or b . be on the site for less than 180 consecutive days ; or c . be fully licensed and highway ready. G . Administration . ( 1 ) The Town of Brewster requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties . The floodplain permit required hereunder shall be issued by the Conservation Commission in : connection with any other permit applications falling under the Conservation Commission ' s jurisdiction . The Conservation Commission may enact regulations hereunder including the procedures :relative to an application for a floodplain permit . ( 2 ) There shall be established a routing procedure which will circulate or transmit one copy of the development plan to the Conservation Commission , Planning Board , Board of Health , Town Engineer and Building Commissioner for comments which will be considered_ by the appropriate permitting board prior to issuing applicable permits . The proponent ' must obtain all local ; state, and federal permits necessary to carry out the proposed development in the floodplain overlay district and must verify that all necessary permits have been acquired . Page 29 of 30 SPECIAL TOWN MEETING NOVEMBER 15 , 2021 ( 3 ) The Building Commissioner shall require the applicant to cause a qualified professional to provide records of elevation and/or floodproofing levels for new construction or substantial improvement within the flood district . H . Designation of community Floodplain Administrator . The Town of Brewster hereby designates the position of Building Commissioner to be the official floodplain administrator for the Town . I . Severability . If any provision of this section should be disapproved by the Attorney General or invalidated by a court of competent jurisdiction , the remainder of the section shall not be affected thereby . The invalidity of any section or sections or parts of any section or sections of this § 179-7 shall not affect the validity of the remainder of the Town of Brewster' s Zoning Bylaw . J . Abrogation . The provisions found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes . K . Liability . The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection . L. Requirement to submit new technical data . If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will , within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change ( s . ) Notification shall be submitted to : FEMA Region I Risk Analysis Branch Chief 99 High St . , 6th floor, Boston , MA 02110 And copy of notification to : Massachusetts NFIP State Coordinator MA Dept . of Conservation & Recreation, 251 Causeway Street, Boston , MA 02110 ( Planning Board ) (Two Thirds Vote Required ) Motion made by Planning Board Member Charlotte De en : I move to approve Article No . 11 as printed in the warrant . ACTION : ADOPTED by a Moderator declared greater than 2 / 3 vote — Voter Cards 7 : 15pm DRUMMER BOY PARK MASTER PLAN UPDATE ARTICLE NO . 12 : To see if Town will vote to accept the 2021 Drummer Boy Park Master Plan , or to take any other action relative thereto . (Select Board ) ( Majority Vote . Required ) Motion made by Drummer Boy Park Committee Member Jamie Veara : I move to approve Article No . 12 as printed in the warrant . ACTION : ADOPTED UNANIMOUSLY — Voter Cards OTHER BUSINESS ARTICLE NO . 13 : To act upon any other business that may legally come before this meeting or to take any other action related thereto . ( Select Board ) ( Majority Vote Required ) Motion made by Select Board Chair Cynthia Bingham : I move that that the Town vote to dissolve the Fall 2021 Special Town Meeting. ACTION : ADOPTED UNANIMOUSLY — Voter Cards The Special Town Meeting of November 15th , 2021 was dissolved at 7 : 23pm.. bo ue Copy Attest : t 1 Tams ; / C Town Clerk Brewster, MA Page 30 of 30