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HomeMy Public PortalAboutWQRC Packet 6-24-22Town of Brewster Water Quality Review Committee 2198 Main St., Brewster, MA 02631 wqrcmeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only June 24, 2022 at 9 a.m. This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1.Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 869 1743 3374 Passcode: 443208 To request to speak: Press *9 and wait to be recognized. 2.Zoom Webinar: https://us02web.zoom.us/j/86917433374?pwd=WFNNWktuKzROempqU1FjWDNlazhXUT09 Passcode: 443208 To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized Water Quality Review Committee Cynthia Baran Chair Amy von Hone Vice Chair Ned Chatelain Kimberley Crocker Pearson Chris Miller Davis Walters CPC Assistant Beth Devine 1.Call to Order 2.Declaration of a Quorum 3.Meeting Participation Statement 4.AEH Custom Builders, M41 L23 - 1 Bog Hill Road - hearing for Certificate Renewal Approval 5.Cape Cod Covenant Church, M37 L3&4 - 11 Satucket Road - hearing for Certificate Renewal Approval 6.Cape Sand & Recycling, M45 L33-1, 34, 35-1, 71, 72, 80 - 2 Cape Sand Way/Freemans Way - hearing for Certificate Renewal Approval 7.SBA Infrastructure, M46 L41-10 Freemans Way - hearing for Certificate Renewal Approval 8.Discuss meeting format based on Select Board decision 9.Approval of Minutes from 4/22/22 and 5/27/22 10.For Your Information 11.Matters Not Reasonably Anticipated by the Chair 12.Next Meeting: TBD 13.Adjournment Date Posted:Date Revised:Received by Town Clerk: 6/21/22 ��cvd 5-131zz, TOWN OF BREWSTER WATER QUALITY REVIEW COMMITTEE 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 APPLICATION FEE New: $100.00 Renewal: $50.00 APPLICATION CERTIFICATE OF WATER QUALITY COMPLIANCE Brewster WQPD Zoning Bylaw 179.53 (Please Print) ,/ 2a PROPERTY LOCATION / IJ? Q, 141/ 1 (Rol MAP / / PARCEL PROPERTY OWNER h, (vc.W Mt/viol • +PHONESOc' 77c ?d&/ MAILING ADDRESS (if different) u 0 e01 / 7 a�vewSini ,1 V 3 I BUSINESS NAME /,VOU FG1 ✓Yr S APPLICANT/MANAGER /42dVCW ! /Cv'O PHONE 6-b "6 - 77 - way y E-MAIL ADDRESS °1 liPIrOI d I.. 4' Anwei# . r, e f - "Property Owner • o Tenant BUSINESS APPLICANT; EXPIRATION DATE OF LAST CERTIFICATE PDX r A COMPLETED APPLICATION must be submitted with supporting documentation for any changes made since the last approved certificate. Please check YES, NO, or N/A (not applicable) for each category below: CATEGORY Yes No N/A 1. Engineered Site Plan >C a. Property line changes? - X b. Structural changes: regrading, paved parking, landscaping? Y c. Surface Drainage treatment system changes? 2. Septicystem ' . a. Upgrades/repairs or system pumped? J� b. Potable well tested? X 3. Change of Use? Specify: 4. Agricultural Use • a. Increase in # or type of animals? X b. Active Fertilizer and Pest Management Plan? 0 x c. Active Waste Management Plan? 5. Equipment Storage Plan changes? X 6. Fuel/Chemicals/Hazardous Materials X a. Change in existing spill containment or remediation processes? >C b. Change in existing disposal methods? c. Any hazardous material spills onsite,since last certificate? i‹ d. Any new type of wastewater generated due to change of use? � 7. Floor Drains Pre -Existing # New # WQRC CERTIFICATE APPLICATION /� 401 Y) S J' FINAL 4.04.22 �/ N:\Other Committees\Water Quality Review Committee\\'VQRC 2022\wgrc RENEWAL Application FINAL 4.04.22,doc -1- APPLICANT SELF -CERTIFICATION CHECK LIST Please read and check each statement to indicate acknowledgement of the requirements of your Certificate of Water Quality Compliance Permit, and to certify that your existing operation is compliant with the Brewster WQPD Zoning Bylaw 179-53: I certify that use of the property remains consisbeen submitted for review and approval by the Town nt with the conditions of the Certificate of rof l ity Compliance Permit, and any changes have Brewster Building Department/Planning Board/Water Quality Review Committee. I certify that the existing septic system(s) servicing the property has been maintained and is in proper operating condition. Any repairs, expansions, pumpings, inspections, or sewage failures have been reported to the Town of Brewster Health Department/Board of Health. X I certify that any onsite hazardous materials release, since the last certificate renewal, was properly reported to the Town of Brewster Fire Department and was remediated or is currently under a remediation action plan. Any additional reporting required by state or local regulations has been completed. I certify that there are no outstanding violation orders or unpermitted activities occurring on the property in violation of the Brewster WQPD Zoning Bylaw 179-53. I understand that any future change of use, septic violation, or occurrence of toxic or hazardous materials spill must be reported immediately to the Town of Brewster Building Department/Planning Board/WaterQuality Review Committee, Health, and Fire Departments. APPLICANT SIGNATURE: PRINT NAME/POSITION: %drew 17croldi _. owY1ty DATE: 2°1 9Gd? N WQRC CERTIFICATE APPLICATION FINAL 4.04.22 N:\Other Committees\Water Quality Review Committee\WQRC 2022\wgrc RENEWAL Application FINAL 4.04.22.doc -2- AEH Custom Building Inc PO Box 1049 Brewster Ma 02631 508-776.2261 53-7107/2113 yyly}kYHhEh):?ll}) 4ykYMk}lYlllY}l}Yl'Y2},}JA y 1),ItGll 61 trA I I 2435 NAZI' �'® T HIIE ©I IED EIR OF a wj/) ✓cWi ki I S SO . OO Cape Cod Five Orleans Ma 02653 � z�MI© v1iX)40 df Vi't4 - Qv+�►t•� c'vil,11.0% wee Aisamo TLED 3- (41ATT?R£ u'00 24 3 5ii' ': 2 L L 3 7 L0 78.: 89 500 SO 980 o W.TAlll:7S >A NAWY NHNnN3UUVSJU'SU'HYJ AITY,kHH THYYMMi II YYJ4'J+YBJ'YJ YYMYYYYYYYY MY}YYYYHY}YYYYYDIYYYYYYYNYYMYYYMTYYMPFYYYYBYYYYYYY}YPYYPJCd.NNYYPPNYRYYYY?rNYYYYYYPYYPYNPNFY) mYr)) )1)+YS nT Pi } AYMYYffn l n MIN) n )1T11i TOWN OF BREWSTER o ,00-0* WATER QUALITY REVIEW COMMITTEE 1;j8;Tf i( #il ////y/fff IIIIII11110\% 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 APPLICATION CERTIFICATE OF WATER QUALITY COMPLIAN Brewster WQPD Zoning Bylaw 179.53 r 1 � (Please Print) PROPERTY LOCATION '11 .5 c �u c _ke *� tZcl MAP 37 PARCEL 3 -4r `E PROPERTY OWNER C ore— Co cl C pue/1 PHONE 5 DS— SS S 2 Z MAILING ADDRESS (if different) ? , ®_ 6 X Z\ ✓Y1i4 ®L ( C,2 BUSINESS NAME C �C- Ce�vC.halit LA (Ara- APPLICANT/MANAGER J_0c-in (d. PSo 07 o Property Owner o Tenant PHONE 5'C -)Vs- - 3gs- _ 2 Z3 E-MAIL ADDRESS C a_ec_c=uv Pn T GkurcL. C n1c_Cz52",0- BUSINESS APPLICANT: EXPIRATION DATE OF LAST CERTIFICATE " s,Sued 3115 t I A COMPLETED APPLICATION must be submitted with supporting documentation for any changes made since the last approved certificate. Please check YES, NO, or N/A (not applicable) for each category below: CATEGORY Yes No N/A 1. Engineered Site Plan a. Property line changes? V b. Structural changes: regrading, paved parking, landscaping? ✓ c. Surface Drainage treatment system changes? ✓ 2. Septic System a. Upgrades/repairs or system pumped? V b. Potable well tested? V 3. Change of Use? Specify: l,/ 4. Agricultural Use a. Increase in # or type of animals? b. Active Fertilizer and Pest Management Plan? _' c. Active Waste Management Plan? V 5. Equipment Storage Plan changes? i/ 6. Fuel/Chemicals/Hazardous Materials a. Change in existing spill containment or remediation processes? V b. Change in existing disposal methods? V c. Any hazardous material spills onsite since last certificate? ✓ d. Any new type of wastewater generated due to change of use? 7. Floor Drains Pre -Existing # Oa 414e . New #---- 0 ._ WQRC CERTIFICATE APPLICATION FINAL 4.04.22 N:\Other Committees\Water Quality Review Committee\WQRC 2022\wgrc RENEWAL Application FINAL 4.04.22.doc -1- APPLICANT SELF -CERTIFICATION CHECK LIST Please read and check each statement to indicate acknowledgement of the requirements of your Certificate of Water Quality Compliance Permit, and to certify that your existing operation is compliant with the Brewster WQPD Zoning Bylaw 179-53: I certify that use of the property remains consistent with the conditions of the Certificate of Water Quality Compliance Permit, and any changes have been submitted for review and approval by the Town of Brewster Building Department/Planning Board/Water Quality Review Committee. I certify that the existing septic system(s) servicing the property has been maintained and is in proper operating condition. Any repairs, expansions, pumpings, inspections, or sewage failures have been reported to the Town of Brewster Health Department/Board of Health. I certify that any onsite hazardous materials release, since the last certificate renewal, was properly reported to the Town of Brewster Fire Department and was remediated or is currently under a remediation action plan. Any additional reporting required by state or local regulations has been completed. J I certify that there are no outstanding violation orders or unpermitted activities occurring on the property in violation of the Brewster WQPD Zoning Bylaw 179-53. I understand that any future change of use, septic violation, or occurrence of toxic or hazardous materials spill must be reported immediately to the Town of Brewster Building Department/Planning Board/Water Quality Review Committee, Health, and Fire Departments. APPLICANT SIGNATURE: cc) -A L � �` scz.. DATE: 12-g 12 - PRINT NAME/POSITION: 'ham W.PSurl Ch,) rc-I 'ad c -L -t c)r WQRC CERTIFICATE APPLICATION FINAL 4.04.22 N:\Other Committees\Water Quality Review Committee\WQRC 2022\wgrc RENEWAL Application FINAL 4.04.22.doc -2- \o1`te:Ham!!$/// • (i 4 rEl-DEAa %.0...p O'o )r . O Yb FF6,R19, �15v /I/llll!!f IIIIIIIIIIII\\\\ \ April 25, 2022 Cape Cod Covenant Church Thomas Nelson PO Box 291 South Dennis, MA 02660 TOWN OF BREWSTER WATER QUALITY REVIEW COMMITTEE 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 RE: Certificates of Water Quality Compliance Renewal - 2022 11 Satucket Road, Brewster, MA Dear Mr. Nelson: According to the Water Quality Protection Bylaw, each three years the Water Quality Review Committee (WQRC) shall review compliance with this bylaw and the.certificate of water quality compliance. Your last certificate was issued in 2019 and is due for renewal. I have included a renewal application for you. Please submit the following to this office (one scanned copy by email to bdevine a@.brewster-ma.gov, one hard copy with payment mailed to Brewster WQRC, 2198 Main Street, Brewster, MA 02631): 1. A completed renewal application and renewal fee ($50.00 payable to Brewster WQRC). 2. Description of any changes from the originally approved materials, to be submitted with the renewal application. 3. Completed Applicant Self -Certification Check List Page 2 of the renewal application signed and dated by the applicant. 4. Any additional information applicable to the current Certificate of Water Quality Compliance. Upon receipt of the completed application, you will be notified by email of the upcoming date and time of your renewal hearing before the Water Quality Review Committee. If you have any questions, do not hesitate to contact this office at 508-896-3701 ext. 1120. Sincerely, Amy L. von Hone, R.S., C.H.O. Health Director Enclosure (1) N:\ Other Committees\Water Quality Review Committee\WQRC 2022\Renewal Request Letters\Cape Cod Covenant Church due 2022.doc it THE CAPE COD COVENANT CHURCH, INC. P.O. BOX 219 SOUTH DENNIS, MA 02660 „ PAY TO THE VnC ORDER OF_____�' ) % 'Lc t� S—I—��_r- CAPE COD (9 0 I PO Box 10 Orleans, MA 02653 capecodfive.com MEMO 53-7107/2113 DATE 5-15-12_2_ cXs• L I:2LL37L0?81: 88201304130 06449 asp-.... `. 6449 DOLLARS a 001111111110/0� ii� '� .W si. ���!i TOWN OF BREWSTER o Q ��A $t WATER QUALITY REVIEW COMMITTEEifjz ail illy 4,.q., ,.— fi Illll�rll11111 !1114111\\\\\\\ 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 APPLICATION CERTIFICATE OF WATER QUALITY COMPLIANCE Brewster WQPD Zoning Bylaw 179.53 APPLICATION FEE New: $100.00 Renewal: $50.00 PROPERTY LOCATION 5 PROPERTY OWNER MAILING ADDRESS (if different) BUSINESS NAME PHONE ) -c elL1--(DD BUSINESS APPLICANT: EXPIRATION DATE OF LAST CERTIFICATE (Please Print) MAP PARCEL 33134)35-i .0255 -1550 PHONE APPLICANT/MANAGER 1' -' 6 ► I t Z E-MAIL ADDRESS •ao! o Property Owner ❑ Tenant A COMPLETED APPLICATION must be submitted with supporting documentation for any changes made since the last approved certificate. Please check YES, NO, or N/A (not applicable) for each category below: CATEGORY Yes No N/A 1. Engineered Site Plan a. Property line changes? b. Structural changes: regrading, paved parking, landscaping? c. Surface Drainage treatment system changes? 2. Septic System a. Upgrades/repairs or system pumped? b. Potable well tested? vi/ 3. Change of Use? Specify: 4. Agricultural Use a. Increase in # or type of animals? b. Active Fertilizer and Pest Management Plan? c. Active Waste Management Plan? 5. Equipment Storage Plan changes? 6. Fuel/Chemicals/Hazardous Materials a. Change in existing spill containment or remediation processes? b. Change in existing disposal methods? c. Any hazardous material spills onsite since last certificate? d. Any new type of wastewater generated due to change of use? vir 7. Fioor Drains Pre -Existing # New # WQRC CERTIFICATE APPLICATION FINAL 4.04.22 N:\Other Committees\Water Quality Review Committee WQRC 2022\wqrc RENEWAL Application FINAL 4.04.22.doc -1- Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town Administrator RE: Upcoming Schedule & Format for Town Committee Meetings DATE: June 10, 2022 Current state provisions allow for the continuance of remote and hybrid meetings through July 15, 2022. The Senate included language in their version of the proposed FY23 state budget to extend the current expanded remote participation provisions through December 2023. The House version of the budget did not include any such Open Meeting Law provisions. The state budget is now in conference committee and indications are that an extension will likely be included in the final version of the budget that is sent to Governor Baker. However, that process will probably not be completed until shortly before the July 15 deadline. In the meantime, we need to make plans for our July meeting schedule and format now. Earlier this spring, the Board adopted the following revised meeting format for the months of April, May, and (ultimately) June: Committees have the option to meet in person, without any restrictions on the number of committee members and support staff. Committees can also continue to meet virtually or in a hybrid format. Public participation continues to be by remote means only. For this reason, all in- person meetings continue to be televised. The Town Administrator’s office continues to manage scheduling these meetings. Given this choice, the majority of committees and boards have opted to stay virtual or hybrid over the past three months. Committees were given the option to host community forums in person if desired starting in June – none have been held or are scheduled to date. Our local COVID case totals peaked at 50+/week last month but have been slowly decreasing over the past several weeks. Given this data and the uncertainty over what will happen at the state level and when it will occur, we are recommending that we continue with the same approach for the first two weeks of July but then transition to the following format effective July 18: Committees can continue to meet in a hybrid format but a majority of the committee, including the Chair (or Vice Chair if the Chair is remote) must be Office of: Select Board Town Administrator physically present. Fully remote committee participation will no longer be permitted. Public participation will be allowed to be in-person but remote participation will continue to be an option for residents to the greatest extent possible. All committee meetings will continue to be livestreamed/broadcast. More details are included in the revised Select Board policies on remote participation and town government access channel. If the state approves expanded remote participation next month, we may revisit the timing of when this new approach is implemented and any interim adjustments to our approach over the past three months if we plan to keep some version of it in place going forward. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Policy no. 45 Date adopted:12/16/13 Amended: 06/10/22 REMOTE PARTICIPATION POLICY Minimum Requirements for Remote Participation (a)Members of a public body who participate remotely and all persons present at the meeting location shall be clearly audible to each other; (b) A quorum of the body, including the chair or, in the chair's absence, the person authorized to chair the meeting, shall be physically present at the meeting location, as required by M.G.L. c. 30A, sec 20(d); (c)Members of public bodies who participate remotely may vote and shall not be deemed absent for the purposes of M.G.L. c. 39, sec. 23D. The All Citizens Access Committee shall be exempt from these provisions. Since Brewster has adopted the provisions of 940 CMR 29.10(2), a member of a public body shall be permitted to participate remotely in a meeting, in accordance with the procedures described in 940 CMR 29.10(7), if the chair or, in the chair's absence, the person chairing the meeting, determines that the member's physical attendance would be unreasonably difficult. The chair shall be responsible for ensuring that a quorum is physically present at the meeting location. Members should not select a chair that regularly expects to participate remotely. Frequency of Remote Participation (a) Individual members of any public body shall be permitted to participate remotely in meetings but must be physically present for at least 50% of meetings of that public body in a given fiscal year. Members of regulatory boards (Planning Zoning Board of Appeals, Board of Health, Conservation Commission, Historic District Committee, and Select Board) must be physically present for at least 75% of meetings of that public body in a given fiscal year. (b) The Town will strive to provide opportunities for both in-person and remote participation at Board and Committee meetings to the greatest extent practicable. (c) All board and committee meetings will be broadcast on BGTV Channel 18 and/or livestreamed on the Town website to the greatest extent practicable. Technology (a) Remote participants shall use video conferencing media (ie. Zoom). (b) When video technology is in use, the remote participant shall be clearly visible to all persons present in the meeting location. (c) The chair or, in the chair's absence, the person chairing the meeting, may decide how to address technical difficulties that arise as a result of utilizing remote participation, but is encouraged, wherever possible, to suspend discussion while reasonable efforts are made to correct any problem that interferes with a remote participant's ability to hear or be heard clearly by all persons present at the meeting location. If technical difficulties result in a remote participant being disconnected from the meeting, that fact and the time at which the disconnection occurred shall be noted in the meeting minutes. Procedures for Remote Participation (a)Any member of a public body who wishes to participate remotely shall, as soon as reasonably possible prior to a meeting, notify the chair or, in the chair's absence, the person chairing the meeting, of his or her desire to do so and the reason for and facts supporting his or her request. (b)At the start of the meeting, the chair shall announce the name of any member who will be participating remotely. This information shall also be recorded in the meeting minutes. (c)All votes taken during any meeting in which a member participates remotely shall be by roll call vote. (d)A member participating remotely may participate in an executive session, but shall state at the start of any such session that no other person is present and/or able to hear the discussion at the remote location, unless presence of that person is approved by a simple majority vote of the public body. (e)When feasible, the chair or, in the chair's absence, the person chairing the meeting, shall distribute to remote participants, in advance of the meeting, copies of any documents or exhibits that he or she reasonably anticipates will be used during the meeting. If used during the meeting, such documents shall be part of the official record of the meeting, and shall be listed in the meeting minutes and retained in accordance with M.G.L. c. 30A, sec. 22. Approved by the Brewster Select Board on _______________________ ___________________________ ___________________________ David Whitney, Chair Ned Chatelain, Vice Chair ___________________________ ___________________________ Kari Hoffmann, Clerk Mary Chaffee ___________________________ Cindy Bingham 1 6/15/2022 10:41 AMDonna Kalinick Su Mo Tu We Th Fr Sa 1 2345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031 July 2022 Su Mo Tu We Th Fr Sa 1 2 3 4 5 6789 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31 August 2022July 2022 Jun 27 28 29 30 Jul 1 11:00am Water Commission- Virtual 4 5 6 7 8 TOWN OFFICES CLOSED- INDEPENDENCE DAY 7:00pm Board of Health- Hybrid 5:00pm Bikeways Committee- In Person 5:00pm Housing Trust- Virtual 11 12 13 14 15 6:00pm Select Board- Joint W/ Planning & FinCom- Virtual (Rm A) 7:00pm HDC- Hybrid Room B 4:00pm Golf Commission- Virtual 4:30pm Board of Assessors- Virtual 6:00pm Conservation Commission- Virtual 7:00pm Zoning Board of Appeals - 4:00pm CPC (Virtual) 6:30pm Planning Board- Virtual 3:00pm Recycling Commission - Virtual 4:00pm Open Space Committee- Virtual 6:00pm Natural Resources Advisory 2:00pm Cemetery Commission 18 19 20 21 22 3:30pm Vision Planning Committee (Rm A) 5:00pm Cultural Council- (RmB) 11:00am Crosby Mansion- (Rm A) 4:00pm Bay Property Planning Committee- (Rm A) 4:00pm Pond Property Planning Committee- (Rm A) 7:00pm Board of Health- (Rm A) 1:00pm Council on Aging- (RmA) 3:00pm Energy Committee- (Rm A) 6:00pm Housing Partnership- (Rm B) 9:00am WQRC- (Rm A) 25 26 27 28 29 6:00pm Select Board - (Rm A)4:00pm Golf Commission- (Rm A) 6:00pm Conservation Commission- (Rm B) 8:30am Select Board Annual Retreat- Freemans Grill 10:00am Historical Commission - 4:00pm CPC - (Rm A) 6:30pm Planning Board- (Rm A) 7:00pm Recreation Commission - (Rm A) MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY WQRC Meeting Minutes 4-22-2022 1 Date Approved: Vote: TOWN OF BREWSTER MINUTES of WATER QUALITY REVIEW COMMITTEE Friday, April 22, 2022 at 9:00 AM VIRTUAL MEETING Attending Committee Members: Chair Cyndi Baran convened the Water Quality Review Committee meeting at 9:07AM with members Vice Chair Amy von Hone, Chris Miller, Kimberley Crocker Pearson, Davis Walters and deemed there to be a quorum Members Absent: Ned Chatelain Guests: Dave Bennett, Bennett Environmental Item 1: American Tower, 26 Freemans Way Industrial Park M46 L41-216 – continued hearing for Certificate Renewal Approval Amy said American Tower had come before us at the last meeting and the Committee voted to continue the hearing because they recorded a 2-quart spill on the property, and we wanted more information. They sent more documentation on the engine lubricating spill from a generator. She reached out to the Fire Department who reviewed the spill and said it was a routine spill addressed appropriately, and they didn’t see any issues. With that, she doesn’t see any additional pending issues and it would seem appropriate to renew their certificate. MOTION to issue a certificate renewal to American Tower. MOVED by Davis Walters. Seconded by Kimberley Pearson. Roll Call Vote: Vice Chair Amy von Hone – yes, Chris Miller – yes, Kimberley Pearson – yes, Davis Walters – yes, Chair Cyndi Baran - yes VOTE: 5-yes 0-no Item 2: NextGrid Solar Array, 0 Freemans Way M119 L6 & 8 – Update on Landfill Closure Permitting Dave Bennett addressed the committee. He is filling in for John who is on a leave of absence. He knows that Daniel Sherber is trying to get in. There has been an 18-month hiatus in progress that was moving forward that had to do with National Grid signing the interconnect decision. Next Grid had to go to court to get a determination to get them to sign off on it. It has transpired to his TOWN OF BREWSTER Water Quality Review Committee 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x1121 FAX (508) 896-8089 WQRC Meeting Minutes 4-22-2022 2 understanding. Dave reached out to the committee to confirm there were still approvals on their site plan review and on our site plan decisions, and they have been confirmed. Dave Bennett reached out to Mark Acres, and he has not responded to Dave’s email. He can’t report on work outside of the ACO. The timing of moving forward couldn’t be worse due to the issue with Mr. Merchant’s availability. The removal of all the wood wastes at Cape Sand and Recycling would be delayed until after the spring season which is Jay’s busiest. So that work would start in July. He’s here to say they are back on board; they are in negotiations with DEP to confirm work outside of the ACO. They did submit the annual sampling, no problem with oil or hazardous materials. The issue has always been around permitting for landfill closure which the new applicant is willing to undertake. Chris asked about something in Dave’s letter of March 24th - did he mean “lower than?” Dave Benett said yes, it was a typo. Whether or not it’s above or below, they didn’t exceed any of those standards. He will issue that as a revised document. Amy asked what the worst-case scenario at DEP level? Is there any indication that we aren’t getting what we need from DEP? Dave Bennett said it’s hard to speculate. There have been issues with new email addresses and them not supporting the old email addresses. He doesn’t believe the department would not sour this deal by enforcing an ACO at this time. He can’t fathom it. There is a good case for a force du jour allowed within the regulations. Everything has slowed down, and we just need to move forward. The downside would be they enforce an ACO, and they levied penalties and fees. He doesn’t think the applicant is willing to go backwards and pay for any additional fees. The financials would be upset by any enforcement action at this point as the party that didn’t have anything to do with it. They are trying to find out. If anyone has a secret number for Mark, that would be wonderful. Cyndi asked when the work would start. Dave Bennett answered July 1st. We are all out there getting ready for spring. He can’t commit to that level of intake at this time, so he had said July 1st. Item 3: Cape Cod Grow Lab, 95 Alexander Avenue M131 L17 – Review of semi-annual groundwater monitoring Amy asked Davis to give the Committee a quick update on the project. She said Victor Staley had given the office a copy on the status of the grow lab on Alexander Avenue before his retirement. This was reviewed by the Committee, Planning Board approval, and Building Department is tracking conditions listed in the Planning Board approval to make sure all those requirements are met before issuing the occupancy permits are issued once the building and construction are finalized and they are ready to open. They submitted a copy of the results of the groundwater and solid gas monitoring that they are doing. This is just more of an informational purposes’ thing. Davis said he knows the plumbing inspector completed a rough inspection in the last few weeks with a couple of minor corrections. As you can imagine, a good part of the project is involving their water distribution system and the waste management that goes with it. They are a little behind schedule, but it is a local plumber who has a permit for the job, so probably just a few weeks behind at this point. Amy said essentially any non-septic waste that is produced over there is going into a tank, so no discharge is being allowed on that property from what is happening in the building. Item 4: Cape Sand and Recycling, 1517 Freemans Way M131 L3-Annual update and review of 3rd Party Inspection Report • Suspend regular WQRC meeting and schedule site visit on 5/27/22 @ 9 am WQRC Meeting Minutes 4-22-2022 3 Cyndi said we are scheduling a site visit on 5/27/22 at 9AM. Dave Bennett said he was filling in for John. No one in Town believes he is retired. John will be back on May 9th. Dave Bennett said he got elected because he does have so much background on these matters. On the 3rd party inspection report, there is ground water monitoring twice/year and then the inspection. He wants to start with the groundwater monitoring report. We reduced the number of monitoring wells from 6-4 and contingencies for two outliers that they monitor when there’s any exceedance. Sometimes there are nitrogen concentrations that are higher on the inner wells and a problem of reoccurrence of arsenic at the upgradient monitoring well which we want to make sure is not leaving the site. Under the provisions of Solid Waste and the MCP, there is an adequately regulated provision that says if there are some exceedances of standards on the property itself and it is a licensed facility, and it is not leaving the site, then it is not a reportable condition. We have had a problem with arsenic in the upgradient well. We sampled it at a further down gradient well, it was not reported above the standards. Basically, it’s a facility that operates under a license which has some impact to groundwater which is localized. To see high levels of organics – iron and manganese - are very typical of these facilities but they are very localized and aren’t leaving the site. On the 3rd party inspection, a licensed individual comes in and documents at Cape Sand & Recycling, there is the overlay of the small waste handling facility for the stump burial, which is not being undergone at this point. It is really stockpiling and processing and consolidating of wood waste that had previously been buried. There is an asphalt, brick, and concrete facility, a leaf mulch facility, and a metals pile there. They are documented in the 3rd party report as being in compliance. Ultimately, he thinks Jay would not be in the business of burying stumps but only wood waste processing which is above ground in the recovered area. Item 5: Revised WQRC Renewal Application 2022 MOTION to approve the revised application as submitted. MOVED by Kimberley Pearson. Seconded by Amy von Hone. Roll Call Vote: Vice Chair Amy von Hone – yes, Chris Miller – yes, Kimberley Pearson – yes, Davis Walters – yes, Chair Cyndi Baran - abstain VOTE: 4-yes 0-no 1-abstain (Cyndi did not vote and effectively abstained) Item 6: Discuss and possible vote on future WQRC meetings – virtual or in-person option Amy said the Select Board has allowed any committee meetings to meet in person if they choose. We are still doing a totally virtual or a hybrid meeting, but the public is not allowed to attend in person. The big change over the last couple of months is there is no limit to the number of committee members who can attend. The majority of committees and boards are meeting virtually. She recommends, with this Committee, since there aren’t many big projects coming through, at this point. It seems like only renewals will come through and can be easily handled virtually. There shouldn’t be any issue to meet virtually going forward. Everyone agreed. Amy will confirm with the Town Administrator’s Office that we will continue to meet virtually until further notice. No need to vote on that. Item 6: Minutes from 10/22/21 MOTION to approve the October 22, 2021 Meeting Minutes as written. WQRC Meeting Minutes 4-22-2022 4 MOVED by Amy von Hone. Seconded by Kimberley Pearson. Roll Call Vote: Vice Chair Amy von Hone – yes, Chris Miller – abstain, Kimberley Pearson – yes, Davis Walters – yes, Chair Cyndi Baran – yes VOTE: 4-yes 0-no 1-abstain Item 7: Informational Items - none Item 8: Matters Not Reasonably Anticipated by the Chair- none Next Meeting: scheduled for the onsite meeting at Cape Sand & Recycling on May 27, 2022 at 9AM. Chris suggested the committee reach out to Bruce Evans to see if he can attend in his place that day as he will be unavailable. MOTION to adjourn the meeting at 9:41AM. MOVED by Amy von Hone. Seconded by Kimberley Pearson. Roll Call Vote: Vice Chair Amy von Hone – yes, Chris Miller – yes, Kimberley Pearson – yes, Davis Walters – yes, Chair Cyndi Baran - yes VOTE: 5-yes 0-no Respectfully Submitted by: Beth Devine Action items: Beth to send out letters to certificate renewals Amy to confirm meeting status to Town Administrator’s Office Cyndi to reach out to Bruce Evans regarding Site Visit on 5/27/22 at 9AM Dave Bennett to issue revised document to Committee Packet of additional documents available on the website for review WQRC Meeting Minutes 5-27-2022 1 Date Approved: Vote: TOWN OF BREWSTER MINUTES of WATER QUALITY REVIEW COMMITTEE Friday, May 27, 2022 at 9:00 AM SITE VISIT CAPE SAND AND RECYCLING Attending Committee Members: Chair Cyndi Baran convened the Water Quality Review Committee meeting at 9:05AM with members Vice Chair Amy von Hone, Ned Chatelain, Kimberley Crocker Pearson, Davis Walters and deemed there to be a quorum Members Absent: Chris Miller Guests: Jay Merchant, Owner Cape Sand & Recycling; John Tadema-Wielandt, Bennett Environmental Consultant for CSR; Theo Mintz, Site Manager Item 1: Site Vist Cape Sand & Recycling 1. John Tadema-Wielandt handed out copies of recent monitoring well data and a site map. He provided a history of the property and answered questions from various members regarding sampling data that were above acceptable range. Cyndi requested a historical map of the property as a comparison to the current site conditions. 2. Members toured the entire property with commentary provided by Jay Merchant. Members commented on how well the site was organized and being operated and congratulated Jay Merchant on the amount of work he has completed at the site. MOTION to adjourn the meeting at 10:45AM. MOVED by Ned Chatelain. Seconded by Kimberley Pearson. Roll Call Vote: Vice Chair Amy von Hone – yes, Ned Chatelain – yes, Kimberley Pearson – yes, Davis Walters – yes, Chair Cyndi Baran - yes VOTE: 5-yes 0-no Respectfully Submitted by: Beth Devine TOWN OF BREWSTER Water Quality Review Committee 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x1121 FAX (508) 896-8089