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 :
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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
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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
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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
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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 .
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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 .
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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
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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 .
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§ 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 .
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§ 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 .
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( 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
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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,
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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
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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 .
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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�
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( 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 .
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( 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 :
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( 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
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( 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
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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 )
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§ 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 :
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( 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
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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
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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 .
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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
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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 .
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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 .
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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
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