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HomeMy Public PortalAboutZBA Hearing Packet 03/14/2023Zoning Board Brian Harrison Chair Jeff Carter Vice Chair Patricia Eggers Bruce MacGregor Trish Metz Department Assistant Ellen Murphy Town of Brewster Zoning Board of Appeals 2198 Main St., Brewster, MA 02631 brewplan@brewster-ma.gov (508) 896-3701 MEETING AGENDA March 14, 2023 at 7:00 PM This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in -person vs. virtual attendance accordingly. Members of the public who wish to access the meetings may do so in the following manner: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Zoom Meeting ID: 880 7666 8068 and Passcode 047258 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: https://us02web.zoom.us/j/88076668068?owd=b30XWnMwM2tvbTk4SzIKMk5vT3NTUT09 enter Passcode 047258 To request to speak: Tap Zoom "Raise Hand" button, then wait to be recognized. When required by law or allowed by the Chair, person wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.clov), or Video recording (tv.brewster-ma:gov). 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement 5. Approval of Meeting Minutes 6. Applications: Continued Applications: ZBA Case #22-15 Owner/Applicant: Remington's Trust; Peter T. Lomenzo & Kerry Barton, Trustees, 61-63 A. P. Newcomb Road, Map 25, Lot 75, in the RM zoning district, The applicant seeks a special permit for a Bed & Breakfast use in an existing accessory building. ZBA Case #22-14 Petitioner: Great Cape Co-op, Inc., 2624-2628 Main Street, Map 89, Lot 14. The petitioner appeals from a Cease -and -Desist order of the Building Commissioner dated September 9, 2022, pursuant to MGL Chapter 40A, Section 8 and 15. ZBA Case #23-04 Applicants: Preservation of Affordable Housing, Inc./Housing Assistance Corporation, 0 Millstone Road, Map 98, Lot 12-0. The applicants seek a Comprehensive Permit to construct 45 affordable rental units on 16.6 acres, pursuant to MGL Chapter 40B, Section 20-23, New Applications: ZBA Case #23-06 Applicant: Joshua Schiff, 3038 Main Street, Map 101, Lot 26, in the RM zoning district. The applicant seeks a Special Permit for a Special Event Venue use under Brewster Zoning Bylaw, 179-51 and use regulations, Table #1. The Chatham Bars Inn Farm is requesting 36 event permits to be held at the Farm for 2023. 7. Matters Not Reasonable Anticipated by the Chair 8. Next Meeting: Apri111, 2023 9. Adjournment Date Posted: Date Revised: February 23, 2023 Received by Town erk: E; RE bi i iER FEB23 u , Page 1 of 4 TOWN OF BREWSTER ZONING BOARD OF APPEALS MEETING MINUTES Tuesday, February 7, 2023, at 7 PM Virtual Meeting Brian Harrison, Chairman, convened the Brewster Zoning Board of Appeals via remote participation with members: Jeff Carter, Patricia Eggers and Trish Metz, Bruce MacGregor was absent. Also present: Attorney Christopher Senie (representing ZBA# 22-14),Attorney Peter Freeman (representing ZBA#23-04), Judi Barrett, Vida Shklovsky, POAH, Kayla Schell, HAC, Paul Attemann, Union Studio, Joe Henderson and Brain Kuchar, Horsley Witten Group, Jefferey Dirk, Vanasse and Associates, Attorney Mark Boudreau (representing ZBA#23-05), Tim Klink, Coastal Companies, Gregg Corbo (Town Counsel), Jon Idman (Town Planner), Davis Walters (Building Commissioner) and Ellen Murphy (Department Assistant) The Chair read the Recording or Taping Notification: This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. 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 Town has established specific email addresses for each board and committee so the public can submit comments either before or during the meeting. To submit public comment or questions to the Zoning Board of Appeals, please email: zbameeting@brewster-ma.gov. Review and Approval of January 24th meeting minutes: Brian asked the Board if there were any changes to the minutes. There being none, a motion was made by Pat to approve the January 24th meeting minutes, Trish seconded the motion, a vote was taken, and the minutes were unanimously approved. Brian announced the ZBA will begin in-person meetings in March. He stated that the ZBA has openings for 4 alternate members. All interested parties can obtain the information on the Town’s website under the Select Board section. Continued Applications: ZBA case #22-14 Petitioner: Great Cape Co-Op, Inc., 2624-2628 Main Street, Map 89, Lot 14. Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers and Trish Metz. Attorney Christopher Senie representing the petitioner and Stephen and Corey Brown, Brown Realty Trust, requested a continuance until the ZBA hearing on Tuesday, March 14th. Attorney Senie informed the Board he is working closely with Alex Weisheit (Town Counsel) to set up a meeting with the Building Commissioner and step through both the September 9th Cease and Desist letter and the recent update from the Building Commissioner dated January 31, 2023. The goal would be to appear on March 14 with a revised Cease and Desist order that all parties agree that identifies those areas where additional information is provided of proof or bring into compliance. Brian informed Attorney Senie he will need to file a Continuance listing both the petitioner and Stephen Brown, Brown Realty Trust. Attorney Corbo, Town Counsel, informed the Board if a continuance is granted a document must state it waves the 100-day time limitation for the decision. Brian informed Attorney Corbo a ZBA continuance/waiver form is required to be signed. Attorney Senie agreed to sign the form representing both the petitioner and the landowner. Town Counsel agreed. Pat made a motion to approve the requested continuance, Trish seconded the motion a roll call vote was taken and the Board unanimously approved ZBA case #22-14 be continued until the March 14th hearing. Brian informed the Board that he would be taking cases out of order and the Board will hear ZBA case#23-05 next. New Applications: ZBA case #23-05 Owner/Applicants: Whitney Revocable Trust, Karen Millane Whitney and David Christopher Whitney, Trustees, 25 Sumner Lane, Map 51, Lot 65. Page 2 of 4 Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers and Trish Metz. Attorney Mark Boudreau representing the applicants addressed the Board on the proposal for an accessory dwelling unit (ADU) to be constructed above a two-car garage. Attorney Boudreau informed the Board the 87- year-old father of Mrs. Whitney will be residing in the ADU. Attorney Boudreau referred to the plans included in the meeting packet stepping through the proposed plan for the ADU. Attorney Boudreau introduced Tim Klink from The Coastal Companies who is the builder, he asked the Board if they had any questions regarding the application. Brian informed the Board that included in the packet was input from the Building Commissioner stating the modification of the variance is not necessary to go forward. Jeff questioned the parking and Attorney Boudreau stated the garage will encompass the entire ADU and there is adequate parking outside the garage. Pat made a motion to open to public input, Trish seconded the motion, a vote was taken and the Board unanimously opened to public input. Glen Casey had a raised hand however his comments were for ZBA case #23-04 and not ZBA case #23-05. There being no public input, Pat made a motion to close to public input, Trish seconded the motion, a vote was taken, and the Board voted unanimously to close to public input. There being no questions or concerns regarding the application for ZBA case #23-05, Brian made a motion to grant ZBA case #23-05 he read the section 9 findings, and noted the Building Commissioner stated the modification of the variance is not necessary to go forward. Pat second the motion, a vote was taken and the Board unanimously voted to approve ZBA case #23-05. ZBA case #23-04 Owner/Applicant: Preservation of Affordable Housing, Inc./Housing Assistance Corporation, 0 Millstone Road, Map 98, Lot 12-0. Members present and voting: Brian Harrison, Jeff Carter, Pat Eggers and Trish Metz. Judi Barrett the consultant for the project informed the Board that Brewster has done an excellent job implementing the Housing Production Plan. She indicated that the Town is eligible for certification of the Housing Plan because it produced enough affordable units. As a Board this means that while the certification is in effect the Board can deny a comprehensive permit without ever going forward with the hearing or go forward with the hearing, consider the application and either deny at that point or approve it subject to whatever conditions the Board deems appropriate. The difference in this case from previous comprehensive permits is if the applicant disagreed with the Board’s decision, the applicant would not have recourse to the Housing Appeals Committee because the certification is almost as good as being over the 10% minimum under Chapter 40B. Judi stated that the point of the certification is to reward towns that are producing and allow communities to produce housing at a pace they can manage. If the Board wants to exercise the certification option, they must give the applicant notice within 15 days of the hearing. The applicant must be noticed that the Board is reserving their rights to deny the application even if they go forward with the hearing. Judi as the consultant has prepared a letter with the certification attached to be signed by the Board. Judi recommended the notice be given to the applicant that the Board reserves the right to deny but will go forward with the hearing and consider the request. Pat made a motion to exercise the right to deny the application but to go forward with the hearing and consider the request, Trish seconded the motion, a roll call vote was taken, and the Board voted unanimously to exercise the right. The Chair will sign the prepared letter within the 15-day timeframe. Attorney Peter Freeman representing the applicant stated in reference to safe harbor he has to reserve his clients’ rights. Attorney Freeman introduced the development team, gave the background of the process, and thanked the Town for selecting the team’s proposal. He informed the Board prior to the hearing the team had a voluntary informal site plan review with Town staff and a meeting with the Planning Board. He referenced the memo from Jon Idman the Town Planner that was included in the meeting packet. Attorney Freeman stepped through the 3 criteria in order to apply to the ZBA. He indicated both applicants are non-profit which satisfies the first criteria, the second criteria, control of the land which the applicants have an agreement with the Town, and third demonstrate the applicants are fundable by a state or federal subsidized agency. He referenced the project eligibility letter by the Department of Housing and Community Development, dated August 17, 2022, which is included in the meeting packet. He informed the Board the team will step through the site details with a slide presentation. Attorney Freeman stated there are waivers that should be discussed for the project, and it is up to the Board when they would like to address the waivers. Page 3 of 4 Vida Shklovsky, POAH addressed the Board providing background on her work with Brewster Woods. She indicated that POAH will be providing their own management team on the project. She then introduced Kayla Schell from HAC who provided background and her focus on housing on the Cape and Islands. Vida Shklovsky stepped through the presentation slides outlining the project. She indicated there will be 45 units with the majority of 2-bedroom units (25), 15 1-bedroom units and 5 3-bedroom units. She also discussed the goals and the site plan of the project that were agreed upon by the Town. The project will be Cape Cod style architecture that creates a sociable neighborhood and minimizes the building footprint while preserving the current habitat. There will be 11 buildings in total with a mix of units. Vida discussed the affordability matrix for the project. Paul Attemann, architect from Union Studio, stepped through the site constraints, location, and existing conditions of the site. He outlined the primary development of the area, preserving areas and zoning. Joe Henderson, Horsley Witten Group, reviewed the site plan informing the Board the site is in the RL zoning district and 71.6% of open space will be preserved on the lot. There are 72 9x18ft parking spaces proposed (which is a waiver from the requirement of 10x20ft), 5 are handicapped which comes out to 1.6 spaces per unit. He reviewed the site plan outlining buffers, setbacks, and vegetation areas. He indicated there is a waiver request for the side setback for 18.4ft rather than the required 25ft setback. As part of the project, they have been coordinating with the Town on Millstone Road improvements to ensure they are aligned. Sidewalks and crosswalks will be included throughout the property and out to Millstone Road. Joe Henderson outlined the Stormwater management system areas and wastewater treatment system indicating it meets all the requirements. Joe Henderson turned the meeting over to Brian Kuchar from Horsley Witten Group to provide an overview of the landscape architecture plan. He highlighted the goal/priority of preservation of the current habitat. He indicated the proposed vegetation will match the existing vegetation as much as possible and maintain the buffer between neighboring properties. Paul Attemann highlighted each building floorplan, elevation, height, and exterior style. Peter Freeman discussed the height waiver. He indicated the request for the waiver is 38ft from the requirement of 30ft for the height. Jeffrey Dirk, Managing Partner, Vanasse and Associates, Inc. transportation consultant for the project provided a traffic assessment summary. He indicated that the assessment focused on traffic impacts on Millstone Road and the intersections of 6A and Route 137. They are predicting there will be approximately 37 peak hour trips over a 1-hour period between 7 and 9 in the morning and in the evening 40 peak hour trips over a 1-hour period between 4 and 6. It was determined that there would not be a significant impact on traffic. Jeffrey also indicated that some vegetation will be cut back at the Millstone entrance for safe operation of the driveway. Attorney Freeman concluded the presentation. Trish asked for confirmation on the number of parking spaces. Joe Henderson confirmed that 1.6 parking spaces is per unit. Trish questioned if there is ample parking for the units, it is likely there will be two cars for a 1- bedroom unit or multiple cars for a 2- or 3-bedroom unit. She also asked about congestion. Attorney Freeman stated that each unit will only be assigned 1 parking space, no matter how many cars they have, and the trend is to get away from having two cars per unit. Trish asked how they would get to work. Attorney Freeman suggested the Cape Cod Transit; however, currently, the bus does not stop in that area. Vida stated they are abiding by the laws of the local towns. One parking spot will be assigned per unit and the extra spaces will be tightly managed. Trish also asked about the trash removal. Joe Henderson indicated on the site plan the area assigned for trash removal. Jeff Carter questioned whether the trash and recycle area was large enough to accommodate all the buildings. Vida stated it has not been finalized, they have not got to the level of detail. Trish stated there is not adequate parking for the units and no visitor parking allocated. Pat Eggers ask if there will be local preference for Brewster residents. Attorney Freeman indicated that up to 70% can be allocated for local preference. They require the municipality to show a justification and to make sure certain data shows it wouldn’t exclude certain classes or ethic groups considered to be protection by the Fair Housing Laws. Vida stated that it may be difficult if local funds are coming from a town that does not have local preference. Donna Kalinick, Assistant Town Manager stated the request for local preference is under the purview of the Brewster Select Board and last month the project was presented to the Select Board to bring Page 4 of 4 them up to date. In the past there was a request for 70% for local preference for Brewster Woods and it was granted. At Serenity there was a request for 50% because the Town did not put in any funding, and they thought it was reasonable to request 50% and it was granted. This is a decision the Select Board will undertake over the next several months and they will seek input from the Brewster Affordable Housing Trust and the Brewster Housing Partnership. There being no more questions from the Board, Pat made a motion to open to public input, Jeff seconded the motion, a vote was taken and the Board unanimously voted to open to public input. Glen Casey, 288 Fletcher Lane addressed the Board. He agreed that the plans of the project were very desirable, however he expressed concerns with the parking spaces, the height waiver, and the water resources waiver. He disagreed with the immediate need for housing in Brewster. He indicated Serenity numbers of only 38 of the 125 applicants were from Brewster and 70% of the applicants were from off Cape. Brewster Woods only had 14 out of 53 applicants, 74% of the applicants came from off Cape. He questioned affordability of the development stating that the project started out at $220,000,443 which is approximately $630sqft. and with rising inflation, construction costs and supply chain issues the project could be astronomical in cost. It is hard to justify economically to Brewster residents. He suggested the project take a step back and review the costs associated with building the development. Brian informed the Board of letters submitted to the ZBA, one from Michael Guski, 616 Millstone Road who supports the project but has requested a secure fence be installed at the edge of his property to restrict access from the project and its residents. Amanda Bebrin, 560 Millstone Road and Elisabeth Verde, 9 Howland Circle submitted letters of support. Irene Szturo, 58 Howland Circle submitted a letter in opposition. Pat highlighted the box turtle issue brought up in Irene Szturo’s letter and asked if it was addressed. It was confirmed that it is not a habitat and not an issue for this site. Trish asked where resident Mr. Casey got the $630sqft number. Attorney Freeman confirmed the project still has to go through an economic feasibility study and the success rate is extremely favorable. He stressed that the Town feels there is a need for affordable housing and that is why we are here tonight. Brian asked Attorney Freeman about the waivers, specifically the electrical, plumbing and gas permit fees. Donna Kalinick, Assistant Town Manager stated the Select Board, to reduce the overall cost of affordable housing, adopted a fee waiver policy including fees for Town sponsored housing projects. Fees were waived at Brewster Woods and at Serenity only for the affordable housing units and most recently the Habitat for Humanity project at Red Top Road. The only waiver is for the cost of the permits not the pay for the inspectors. Mr. Casey addressed the Board again stating the numbers he quoted earlier were taken from the POA, HAC RFP response, dated 11/2021. There being no additional public input, Pat made a motion to close to public input and Jeff seconded the motion, a vote was taken and the Board unanimously voted to close to public input. The Board decided to address parking, waste removal issues and the neighbor’s request for a security fence at the next meeting. Jon Idman, Town Planner asked for the traffic impact analysis. Jeff asked if the Fire Department and Health Department comments were addressed. Attorney Freeman confirmed they will review them and respond at the next meeting. Jeff made a motion to continue ZBA case #23-04 until the next ZBA hearing on March 14th, Pat seconded the motion, a roll call vote was taken and unanimously approved. Matters Not Reasonably Anticipated by the Chair: none Brian announced the ZBA is in need of members of the Board. Please reach out to the Select Board if you are interested. The next meeting of the Brewster Zoning Board of Appeals is scheduled for March 14th, 2023. Pat made a motion to adjourn the meeting, Trish seconded the motion, the vote was taken, and the Board unanimously voted to adjourn. Vote: 4-0-0. Meeting adjourned at 9:00 pm. #22-15 Applicant: Remington’s Trust; Peter T. Lomenzo & Kerry Barton, Trustees Represented by: Attorney Marian S. Rose 61-63 AP Newcomb Road Town of Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631 (508) 896-3701 X1168 FAX (508) 896-8089 WAIVER/ CONTINUANCE TO: ZONING BOARD OF APPEALS RE: PETITION NUMBER 2. NAME OF APPLICANT c,,wt.i vtaki-ovti. s �" MEETING DATE: Owvc-1l4,),0)%3 I HEREBY REQUEST THE ZONING BOARD OF APPEALS TO CONTINUE THE HEARING OF THE ABOVE PETITION UNTIL THE NEXT REGULARLY SCHEDULED HEARING ON M4Y.#1 .0 % AND AGREE TO AN EXTENSION OF THE DEADLINES FOR ZONING BOARD OF APPEALS ADMINISTRATIVE AC LION. I UNDERSTAND THIS WAIVES MY RIGHTS UNDER THE STATUTORY TIME PERIODS AND THE CONSTRUCTIVE GRANT SECTIONS OF THE M.G.L. CHAPTER 40A. APPLICANT/AUTHORIZED AGENT w«. as-�. C� c�x) CHAIRMAN, ZONING BOARD OF APPEALS ,A313 Time and Date Stamped By Town Clerk • ;U O 4315113N:3 CONTINUANCE/ZBA 8/11/2016 2:51 PM #22-14 Appeal Petitioner: Great Cape Co-op Inc. 2624-2628 Main Street 15 Cape Lane Brewster, MA 02631 Phone (774) 323-3027 Fax (774) 323-3008 Cell (508) 330-6640 csenie@senie-law.com WWW.SENIE-LAW.COM March 7, 2023 Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 Tel (508) 896-3701 x 1168 Fax (508) 896-8089 brewplan@brewster-ma.gov emurphy@brewster-ma.gov Re: ZBA Case No. 22-4, Zoning Appeal, 2624-2628 Main Street (Assessors’ Map 89, Parcel 14) Appellant: Great Cape Coop. Inc., David Schlesinger; Owner: Brown Realty Trust, Trustee Stephen B. Brown Dear Members of the Brewster Zoning Board of Appeals, The above matter is on the Board’s agenda for one week from today, March 14th. On behalf of my clients Stephen Brown, Trustee (property owner) and Great Cape Coop. Inc. (property manager) I request a further extension to the Board’s next regularly scheduled meeting. At the Board’s meeting of February 7th, I requested an extension so that my client could work with the Building Commissioner toward a stipulated new order that reflects the remaining items of concern. The Building Commissioner and Town inspectors visited the Burgess House at the property on March 1, 2023. A report is being prepared but we do not yet have that in hand. You may recall that Town Counsel Alex Weisheit and I were going to work together on the stipulated new order, but this must await the report from the Building Department. It might be possible to complete both prior to the March 14th meeting, but we cannot have this material at your office in time for the Board member packages (today is the deadline). As with the last extension, I hereby agree to extend all statutory deadlines for action by the Board consistent with this extension. I am pleased to execute and send to you the form your Board uses for this purpose. Brewster Zoning Board of Appeals Re: ZBA Case 22-4 March 7, 2023 Page 2 Please call or email with any questions or concerns. Christopher Senie Counsel to Stephen Brown, Trustee and Great Cape Coop. Inc. #23-04 Applicants: Preservation of Affordable Housing, Inc. & Housing Assistance Corporation 0 Millstone Road • 1 FREEMAN LAW GROUP LLC Attorneys at Law Peter L. Freeman pfreeman@freernanlawgroup.com Tel. (568) 362-4700 Mobile (781) 854-2430 March 8, 2023 Nancy J. MacPhee Legal Assistant nmacphee@freeemanlawgroup.com Tel. (508) 352-4700 ext. 3 Via Email to Ellen Murphy at emurphy@brewster-ma.gov Ellen Murphy Town of Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631 Re: 40B Application Preservation of Affordable Housing, Inc., and Housing Assistance Corporation 0 Millstone Road, Brewster Dear Ellen: In connection with the above referenced Application, please find enclosed the following for filing: 1. Revised overall site plan dated March 7, 2023 (1 Sheet); 2. Horsley Witten Response Letter to town comments dated March 7, 2023; and 3. Traffic Impact Assessment prepared by Vanasse & Associates, Inc., dated January 2023. We look forward to meeting with you again on March 14, 2023. Very truly yours, Peter L. Freeman PLF:njm Enclosures cc: Jon D. Idman, Brewster Town Planner 86 Willow Street a Yarmouthport, MA 02675 r Phone (508) 362-4700 a Fax (508) 362-4701 N/F CAPTAINS VILLAGE HOMEOWNERS 598 MILLSTONE ROAD N/F DAFFINEE 606 MILLSTONE ROAD N/F O'BRIEN 616 MILLSTONE ROAD N/F GUSKI 626 MILLSTONE ROAD N/F SMOLLER 636 MILLSTONE ROAD N/F CHIPMAN 648 MILLSTONE ROAD N/F MOUNT 560 MILLSTONE ROAD N/F BERBRIN N/F OCEAN'S EDGE RESORT LLC MAP 98 LOT 12 TOWN OF BREWSTER DEED BOOK 31410-87 DEED BOOK 5233-64 16.61 ACRES ± 14 + 6 7 0+00 1+00 2+00 3+0 0 4+00 5+006+007+00 8+ 0 0 9+ 0 0 10+00 11+00 12+00 13+ 0 0 14 + 0 0 47.3' 35 . 9 ' 47 . 2 ' 21 . 4 ' 10 8 . 0 ' 48.9'23 . 8 ' 24.3' 31.8' LI M I T O F 1 0 ' ( M I N . ) V E G E T A T E D B U F F E R LIMIT OF 10' (MIN . ) V E G E T A T E D B U F F E R LIMIT OF 30' ( M I N . ) LI M I T O F 3 0 ' ( M I N . ) V E G E T A T E D B U F F E R LIMIT OF 30' (MIN.) VEGETATED BUFFER ZO N I N G S E T B A C K ZONING SETBACK ZONING SETBAC K ZO N I N G S E T B A C K VEGETATED B U F F E R ZONIN G S E T B A C K 25 . 0 ' 25 . 0 ' 25 . 0 ' 25.0' 25.0' 40.0' 25 . 0 ' 20 . 0 ' 21 . 2 ' 8 6 6 6 6 9 8 11 7 34 2 38.2' 46 . 6 ' BLDG 1 BLDG 2 BLDG 3 BLDG 4 BLDG 5 BLDG 6 BLDG 7 BLDG 8 BLDG 9 BLDG 10 BLDG 11 22 . 0 ' PROPOSED DRIVEWAY STOP SIGN FOOTPRINT OF PROPOSED PRESBY LEACHFIELDS INNOVATIVE/ALTERNATIVE TECHNOLOGY SEWAGE TREATMENT SYSTEM (DESIGN T.B.D.) PROPOSED LIMIT OF CLEARING PROPOSED LIMIT OF CLEARING BIKE RACK (TYP.) SIDEWALK (TYP.) STORMWATER BIORETENTION AREA (TYP.) MAINTENANCE BUILDING OVERLOOK DECK STANDARD 9'X18' PARKING SPACE (TYP.) PROPOSED LIMIT OF CLEARING ADA ACCESSIBLE PARKING SPACE & LOADING ZONE (TYP; 8'X18') CONNECT TO FUTURE SIDEWALK BENCH (TYP.) CC B VCC VCC VC C VCC CCB 18.0' 9. 0 ' 18 . 0 ' 9.0' 9.0' 18 . 4 ' 0+00 1+00 1+34 24 . 5 ' 29.2' 330.3' FERN LANE MI L L S T O N E R O A D FUTURE SIDEWALK BY THE TOWN OF BREWSTER (FINAL LAYOUT T.B.D.) COMMON GREEN TRASH & RECYCLE ENCLOSURE TRASH & RECYCLE ENCLOSURE 3 BLDG 12 GRAVEL MAINTENANCE ACCESS DRIVE VCC GENERATOR PAD LIMIT OF VEGETATION CLEARING ALONG MILLSTONE ROAD FOR VEHICLE SIGHT LINES (IF NOT COMPLETED IN ADVANCE DURING SIDEWALK IMPROVEMENTS PROJECT) Re v i s i o n s Ap p r . Re v . Da t e By De s c r i p t i o n 1 2 3 4 5 6 7 DE C E M B E R 2 0 , 2 0 2 2 M C L / E W H M C L / E W H RA C O V E R A L L S I T E P L A N 0 M I L L S T O N E R O A D CO M P R E H E N S I V E P E R M I T S E T BR E W S T E R , M A S S A C H U S E T T S Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 Ph o n e : (5 0 8 ) 8 3 3 - 6 6 0 0 Fa x : (5 0 8 ) 8 3 3 - 3 1 5 0 Da t e d : Oc t o b e r 1 0 , 2 0 2 2 Pr e s e r v a t i o n o f A f f o r d a b l e Ho u s i n g , I n c . 2 O l i v e r S t r e e t , S u i t e 5 0 0 Bo s t o n , M A 0 2 1 0 9 Ph o n e : - Fa x : --- - 22084 la s t m o d i f i e d : 0 3 / 0 7 / 2 3 p r i n t e d : 0 3 / 0 7 / 2 3 b y m l H: \ P r o j e c t s \ 2 0 2 2 \ 2 2 0 8 4 M i l l s t o n e R o a d B r e w s t e r \ D r a w i n g s \ 2 2 0 8 4 - S T . d w g (in feet) GRAPHIC SCALE 040 20 40 80 160 1 INCH = 40 FEET Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s w w w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . PROPOSED PARKING SUMMARY: STANDARD PARKING SPACES:72 ADA ACCESSIBLE SPACES:6 TOTAL PARKING SPACES:78 PARKING RATIO:1.7 SPACES/UNIT PROPOSED BUILDING TYPES BUILDING 2 BUILDING 3,7,10 BUILDING 4,5,6,9 BUILDING 8 & 11 BUILDING 1 13 Units (9) 1BR, (3) 2BR, (1) 3BR 12Units (2) 1BR, (2) 2BR each 16 Units (4) 2BR each 4 Units (2) 3BR each Community Building Community Room, Laundry, and Management Offices TOTAL UNIT COUNT: 45 Sheet : O V E R A L L S I T E P L A N 6 19of 6C - PERMITTING SET ONLY NOT FOR CONSTRUCTION 20-SCALE VIEW BOX (SEE SHEET C-8)20-SCALE VIEW BOX (SEE SHEET C-7) JH 03 / 0 7 / 2 3 M L Ad d p a r k i n g , d u m p s t e r & s i d e w a l k s . ISSUED FOR ZBA REVIEW 03/07/23 MEMO RANDUM To: Brian Harrison, Chair, Brewster Zoning Board of Appeals From: Joe Henderson, P.E. – Horsley Witten Group Date: March 7, 2023 Re: Millstone Road Comprehensive Permit (ZBA Case No. 23-04) Responses to Town Comments cc: Jon Idman, Town Planner On behalf of the Preservation of Affordable Housing, Inc. (Applicant), the Horsley Witten Group (HW) has compiled the following list of comments provided by various Town of Brewster Departments in association with their review of the Millstone Road Comprehensive Permit Application. The comments are documented in the Brewster Zoning Board of Appeals Department Review dated January 31, 2023. HW’s responses are listed below each comment. POLICE DEPARTMENT 1. The Police Department does not have any comments for this application. HW Response: Acknowledged. HEALTH DEPARTMENT 1. The proposed development is located outside the District of Critical Planning Concern and Zone II (Wellhead Zone of Contribution). HW Response: Acknowledged. 2. Sewage design flows over 2000 gal/day will be subject to the Brewster Design, Operation and Maintenance Regulations for Small Wastewater Treatment Facilities and Reporting Requirements for All Wastewater Treatment Facilities That Discharge Over 2000 Gallons Per Day which limits the Total Nitrogen Load to 10 mg/Liter on the property. HW Response: The estimated total nitrogen load for the proposed development is 3.83 parts per million (ppm) with the use of an I/A septic treatment system which is less than the maximum of 10 ppm total nitrogen outlined in the Brewster Small Wastewater Treatment Facility Regulations. The nitrogen loading calculations for the site have been informally reviewed by the Health Director who concurs with our findings. The nitrogen loading calculations along with design plans and all required submittal materials will be submitted for BOH approval. Brewster ZBA March 7, 2023 Page 2 of 3 C:\Users\vshklovsky\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2ZK7QCLV\230303_DRAFT Town Comment Response Letter (002).docx 3. Recommend onsite property management or 24-hour access to emergency management services for occupants of the facility. HW Response: Acknowledged. 4. Full review of the proposed project upon application will be required prior to formal approval. HW Response: A formal Sanitary Disposal System Design for the project is currently in progress and will be submitted to the Board of Health by HW when complete. NATURAL RESOURCES DEPARTMENT 1. Natural Resources does not have any comments on this application. HW Response: Acknowledged. FIRE DEPARTMENT 1. A computer-generated apparatus swept path and turn simulation analysis shall be provided to the Fire Department for review and approval. HW Response: The requested turning analyses has been submitted to the Fire Department for review. 2. Fire Department access roads including roadways, fire lanes, and parking lot lanes shall be no less than 20’ in width. HW Response: The minimum access road width for the proposed development is 20’. 3. Minimum inside turning radius of Fire Department access roads shall be 25’. The developer may be required to increase this minimum turning radius to accommodate Fire Department apparatus. HW Response: In order to preserve the rural character of the Brewster, the entrance driveway from Millstone Road was designed with a 15’ turning radius. Within the development, the minimum turning radius is 10’. The corresponding turning analyses demonstrating access throughout the site by the Departments Fire apparatus has been submitted to the Fire Department for review. 4. A Fire Department access road shall be no less than 50’ from at least one (1) exterior door that can be opened form the outside that provides direct access to the interior of the building. **If the building is protected by an NFPA 13D or 13R sprinkler system this distance can be increased to 150’. HW Response: The proposed site design and architectural design will conform to all applicable building codes, including maximum distance to access roads. Brewster ZBA March 7, 2023 Page 3 of 3 C:\Users\vshklovsky\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2ZK7QCLV\230303_DRAFT Town Comment Response Letter (002).docx 5. No “on-street” parking shall be allowed. All vehicles shall be parking in designated parking spaces. HW Response: All proposed parking spaces are designated perpendicular spaces located directly off the access road, and no “on-street” parking is proposed. 6. All access roads shall be designated as fire lanes. All signage and road markings shall be approved by the Fire Department prior to installation. HW Response: The Applicant understands that all signage and road markings must be approved by the Fire Department prior to installation. 7. The developer shall install fire (5) fire hydrants. The locations shall be approved by the Fire Department prior to installation. HW Response: The submitted plans depict five (5) fire hydrants in the locations requested by the Department, their final locations will be confirmed with the Fire Department prior to installation. 8. In the event the buildings are protected by an automatic sprinkler system, the Fire Department shall approve the location and type of Fire Department connections prior to installation. HW Response: The Applicant understands this requirement. 9. If required, the Fire Department shall approve the location of all dire detection system reporting panels. HW Response: The Applicant understands this requirement. 10. An Emergency Responder Radio Communication System shall be installed in each building per section 916.1 of the Massachusetts State Building Code. HW Response: The Applicant understands this requirement. 11. A Knox box key vault shall be installed on each building. Location and type shall be approved by the Fire Department prior to installation. HW Response: The Applicant understands this requirement. 12. Street name, addresses, and building unit numbers shall be approved by the Fire Department prior to installation. HW Response: The final street name, addresses and building unit numbers will be submitted to the Fire Department for review and approval prior to installation. Prepared by: 35 New England Business Center Drive Suite 140 Andover, MA 01810 Transportation Impact Assessment Proposed Residential Development 0 Millstone Road Brewster, Massachusetts Prepared for: Boston, Massachusetts January 2023 35 New England Business Center Drive Suite 140 Andover, MA 01810 www.rdva.com (978) 474-8800 (978) 688-6508 Dear Reviewer: This letter shall certify that this Transportation Impact Assessment has been prepared under my direct supervision and responsible charge. I am a Registered Professional Engineer (P.E.) in the Commonwealth of Massachusetts (Massachusetts P.E. No. 38871, Civil) and hold Certification as a Professional Traffic Operations Engineer (PTOE) from the Transportation Professional Certification Board, Inc. (TPCB), an independent affiliate of the Institute of Transportation Engineers (ITE) (PTOE Certificate No. 993). I am also a Fellow of the Institute of Transportation Engineers (FITE). Sincerely, VANASSE & ASSOCIATES, INC. Jeffrey S. Dirk, P.E., PTOE, FITE Managing Partner G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx CONTENTS EXECUTIVE SUMMARY .............................................................................................................. 1 INTRODUCTION ............................................................................................................................ 5 Project Description .............................................................................................................. 5 Study Methodology ............................................................................................................. 6 EXISTING CONDITIONS .............................................................................................................. 7 Roadway .............................................................................................................................. 7 Intersections......................................................................................................................... 7 Traffic Volumes .................................................................................................................. 8 Pedestrian and Bicycle Facilities ......................................................................................... 9 Public Transportation ........................................................................................................ 10 Spot Speed Measurements ................................................................................................. 10 Motor Vehicle Crash Data ................................................................................................. 11 FUTURE CONDITIONS ............................................................................................................... 13 Future Traffic Growth ....................................................................................................... 13 Project-Generated Traffic .................................................................................................. 15 Trip Distribution and Assignment ..................................................................................... 16 Future Traffic Volumes – Build Condition ....................................................................... 16 TRAFFIC OPERATIONS ANALYSIS ......................................................................................... 18 Methodology ..................................................................................................................... 18 Analysis Results ................................................................................................................ 20 G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx CONTENTS (Continued) SIGHT DISTANCE EVALUATION ............................................................................................. 25 CONCLUSIONS AND RECOMMENDATIONS ......................................................................... 27 Conclusions ....................................................................................................................... 27 Recommendations ............................................................................................................. 28 G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx FIGURES No. Title 1 Site Location Map 2 Existing Intersection Lane Use, Travel Lane Width, and Pedestrian Facilities 3 2022 Existing Average-Month Peak-Hour Traffic Volumes 4 2022 Existing Peak-Month Peak-Hour Traffic Volumes 5 2030 No-Build Average-Month Peak-Hour Traffic Volumes 6 2030 No-Build Peak-Month Peak-Hour Traffic Volumes 7 Trip-Distribution Map 8 Project-Generated Peak-Hour Traffic Volumes 9 2030 Build Average-Month Peak-Hour Traffic Volumes 10 2030 Build Peak-Month Peak-Hour Traffic Volumes G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx TABLES No. Title 1 Study Area Intersection Description 2 2022 Existing Traffic Volumes 3 Vehicle Travel Speed Measurements 4 Motor Vehicle Crash Data Summary 5 Trip-Generation Summary 6 Peak-Hour Traffic-Volume Increases 7 Level-of-Service Criteria for Unsignalized Intersections 8 Unsignalized Intersection Level-of-Service and Vehicle Queue Summary 9 Sight Distance Measurements G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 1 EXECUTIVE SUMMARY Vanasse & Associates, Inc. (VAI) has conducted a Transportation Impact Assessment (TIA) in order to determine the potential impacts on the transportation infrastructure associated with the proposed construction of a multifamily residential development to be located off Millstone Road in Brewster, Massachusetts (hereafter referred to as the “Project”). This assessment was prepared in consultation with the Massachusetts Department of Transportation (MassDOT), the Cape Cod Commission (CCC) and the Town of Brewster, and was performed in accordance with MassDOT’s Transportation Impact Assessment (TIA) Guidelines and the standards of the Traffic Engineering and Transportation Planning professions for the preparation of such reports. Based on this assessment, we have concluded the following with respect to the Project: 1. Using trip-generation statistics published by the Institute of Transportation Engineers (ITE),1 the Project is expected to generate approximately 364 vehicle trips on an average weekday (two-way, 24-hour volume), with 37 vehicle trips expected during the weekday morning peak-hour and 40 vehicle trips expected during the weekday evening peak-hour; 2. The Project will not result in a significant impact (increase) on motorist delays or vehicle queuing over anticipated future conditions without the Project (No-Build condition), with no changes in levels of service shown to occur and Project-related impacts general defined as an increase in average motorist delay that resulted in a corresponding increase in vehicle queuing of up to two (2) vehicles; 3. Independent of the Project, the Millstone Road approach to Main Street (Route 6A) was shown to operate over capacity (i.e., level-of-service (LOS) “F”) during both the weekday morning and evening peak hours under peak summer month conditions, with the Millstone Road approach to Long Pond Road (Route 137) identified to operate at capacity (i.e., LOS “E”) during the weekday evening peak-hour under 2030 No-Build average- month conditions and over capacity (LOS “F”) during both peak hours under peak summer month conditions; 4. All movements at the Project site driveway intersection with Millstone Road were shown to operate at LOS A during both peak hours with negligible vehicle queuing under average- month conditions and at LOS B or better during both peak hours under peak summer month conditions also with negligible vehicle queueing; 1Trip Generation, 11th Edition; Institute of Transportation Engineers; Washington, DC; 2021. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 2 5. No apparent safety deficiencies were noted based on a review of MassDOT motor vehicle crash data for the study area; and 6. Lines of sight at the Project site driveway intersection with Millstone Road exceed or can be made to exceed the recommended minimum distance for safe operation. In consideration of the above, we have concluded that the Project can be accommodated within the confines of the existing transportation infrastructure in a safe and efficient manner with implementation of the recommendations that follow. RECOMMENDATIONS A detailed transportation improvement program has been developed that is designed to provide safe and efficient access to the Project site and address any deficiencies identified at off-site locations evaluated in conjunction with this study. The following improvements have been recommended as a part of this evaluation and, where applicable, will be completed in conjunction with the Project subject to receipt of all necessary rights, permits, and approvals. Project Access Access to the Project site will be provided by way of a driveway that will intersect the west side of Millstone Road approximately 130 feet north of Fern Lane. The following recommendations are offered with respect to the design and operation of the Project site access and internal circulation, many of which are reflected on the Site Plans:  The Project site driveway should be a minimum of 20-feet in width where parking will not be permitted and designed to accommodate the turning and maneuvering requirements of the largest anticipated responding emergency vehicle. If the minimum driveway width is used, “No Stopping Any Time” signs shall be installed along both sides of the driveway.  Where perpendicular parking is proposed, the drive aisle behind the parking should be a minimum of 23 feet in width in order to facilitate parking maneuvers.  Vehicles exiting the Project site should be placed under STOP-sign control with a marked STOP-line provided.  All signs and pavement markings to be installed within the Project site should conform to the applicable standards of the Manual on Uniform Traffic Control Devices (MUTCD).2  A sidewalk and marked crosswalks are provided within the Project site that connect the proposed buildings to the amenity building and parking area, and extend along the driveway to Millstone Road where a future sidewalk is to be constructed by the Town. It is recommended that a widened sidewalk area be provided at Millstone Road to serve as a school bus waiting area.  Americans with Disabilities Act (ADA) compliant wheelchair ramps should be provided at all pedestrian crossings where a sidewalk will be present. 2Manual on Uniform Traffic Control Devices (MUTCD); Federal Highway Administration; Washington, D.C.; 2009. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 3  Existing trees and vegetation located along the west side of Millstone Road within the sight triangle areas of the Project site driveway should be selectively trimmed and/or removed in order to provide the required sight lines to and from the driveway. We note that this work will be required to complete the Millstone Road improvements that are being advanced by the Town independent of the Project.  Signs and landscaping to be installed as a part of the Project within the intersection sight triangle areas of the Project site driveway should be designed and maintained so as not to restrict lines of sight.  Snow accumulations (windrows) within the sight triangle areas of the Project site driveway will be promptly removed where such accumulations would impede sight lines. Off-Site Route 6A at Millstone Road The addition of Project-related traffic to the Route 6A/Millstone Road intersection was not shown to result in a change in level-of-service or a material increase in vehicle queueing for any movement, with operating conditions under average month conditions shown to remain acceptable (LOS C or better, where an LOS of “D” or better is defined as being representative of acceptable operating conditions). Under peak summer month conditions, Project-related impacts were generally defined as an increase in average motorist delay that resulted a corresponding increase in vehicle queuing of up to two (2) vehicles over No-Build conditions. As such and given the limited impact of the Project at this intersection with no evidence of a specific safety deficiency based on a review of the MassDOT motor vehicle crash data, no improvements are recommended or appear to be required at this intersection to accommodate the limited impact of the Project. Route 137 at Millstone Road and the Private Driveway The addition of Project-related traffic to the Route 137/Millstone Road/Private Driveway intersection was not shown to result in a change in level-of-service for any movement, with Project- related impacts generally defined as an increase in average vehicle queuing of up to two (2) vehicles over No-Build conditions under peak summer month conditions. Independent of the Project, it was noted that the Millstone Road approach is currently operating over capacity under peak summer month conditions during both the weekday morning and evening peak hours. Given the limited impact of the Project at this intersection with no evidence of a specific safety deficiency based on a review of the MassDOT motor vehicle crash data, no improvements are recommended or appear to be required at this intersection to accommodate the limited impact of the Project. Transportation Demand Management Regularly scheduled public transportation services are provided within the Town of Brewster by the Cape Cod Regional Transit Authority (CCRTA). The CCRTA operates the FLEX service, which travels along Route 6, Route 6A and Route 137, passing Millstone Road. The FLEX bus service will deviate up to ¾ mile off its fixed route if a reservation is requested by a rider (pick-up or drop-off). Reservations for off-route stops must be made at least two hours before the scheduled pick-up. In addition to fixed-route bus services, the CCRTA provides a daily general public demand response service called Dial-a-Ride Transportation (DART), which is a door-to-door, ride by appointment transportation service. The CCRTA also provides door-to-door shared ride transportation for eligible persons who cannot use fixed-route transit all or some of the time due to G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 4 a physical, cognitive, or mental disability in compliance with the ADA. The Brewster Council On Aging (COA) also provides medical and non-medical transportation for seniors and disabled persons. In an effort to encourage the use of alternative modes of transportation to single-occupancy vehicles (SOVs), the following Transportation Demand Management (TDM) measures will be implemented as a part of the Project:  A transportation coordinator should be designated for the Project to coordinate the elements of the TDM program  Information regarding public transportation services, maps, schedules, and fare information should be posted in a central location and/or otherwise made available to residents;  A “welcome packet” should be provided to new residents detailing available public transportation services, bicycle and walking alternatives, and other commuting options;  Pedestrian accommodations have been incorporated into the Project and consist of sidewalks within the Project site that extend along the driveway to Millstone Road where a future sidewalk is planned to be constructed by the Town; and  Secure bicycle parking should be provided proximate to the community building. With implementation of the aforementioned recommendations, safe and efficient access will be provided to the Project site and the Project can be accommodated within the confines of the existing transportation system. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 5 INTRODUCTION Vanasse & Associates, Inc. (VAI) has conducted a Transportation Impact Assessment (TIA) in order to determine the potential impacts on the transportation infrastructure associated with the proposed construction of a multifamily residential development to be located off Millstone Road in Brewster, Massachusetts (hereafter referred to as the “Project”). This study evaluates the following specific areas as they relate to the Project: i) access requirements; ii) potential off-site improvements; and iii) safety considerations; and identifies and analyzes existing traffic conditions and future traffic conditions, both with and without the Project, along Millstone Road, and at the following specific intersections: Main Street (Route 6A) at Millstone Road and Long Pond Road (Route 137) at Millstone Road. PROJECT DESCRIPTION As proposed, the Project will entail the construction of a 45-unit multifamily residential community to be located off Millstone Road in Brewster, Massachusetts. The Project site encompasses approximately 16.6± acres of undeveloped land that is bounded by residential properties to the north; areas of open and wooded space and residential properties to the south; Millstone Road and residential properties to the east; and areas of open and wooded space and residential properties to the west. Figure 1 depicts the Project site location in relation to the existing roadway network. Access to the Project site will be provided by way of a driveway that will intersect the west side of Millstone Road approximately 130 feet north of Fern Lane. On-site parking will be provided for 72 vehicles, or a parking ratio of 1.6 parking spaces per unit, which exceeds the parking ratio for a multifamily residential building as defined in Table 1 of the Planning Board Policy on Off Street Parking and Loading (Adopted September 11, 2013).3 3A parking ratio of 1.5 parking spaces per unit is required for a multifamily residential building. 137 BREWSTER RO A D MI L L S T O N E SITE PO N D RO A D STREE T 6A FREEMANS WAY LONG MAIN FLETCH E R LANE CAPTAINS VI L L A G E LA N E Figure 1N75015000Scale in Feet Vanasse & Associates inc Transportation Impact Assessment - Proposed Multifamily Residential Development - Brewster, Massachusetts Site Location Map R: \ 9 5 6 4 \ 9 5 6 4 S L M . d w g , 1 2 / 2 9 / 2 0 2 2 1 1 : 2 0 : 2 2 A M G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 6 STUDY METHODOLOGY This study was prepared in consultation with the Town of Brewster, the Cape Cod Commission (CCC) and Massachusetts Department of Transportation (MassDOT); was performed in accordance with MassDOT’s Transportation Impact Assessment (TIA) Guidelines and the standards of the Traffic Engineering and Transportation Planning professions for the preparation of such reports; and was conducted in three distinct stages. The first stage involved an assessment of existing conditions in the study area and included an inventory of roadway geometrics; pedestrian and bicycle facilities; public transportation services; observations of traffic flow; and collection of daily and peak-period traffic counts. In the second stage of the study, future traffic conditions were projected and analyzed. Specific travel demand forecasts for the Project were assessed along with future traffic demands due to expected traffic growth independent of the Project. A seven-year time horizon from the date of publication of this assessment was selected for analyses consistent with MassDOT’s Transportation Impact Assessment (TIA) Guidelines. The traffic analysis conducted in stage two identifies existing or projected future roadway capacity, traffic safety, and site access issues. The third stage of the study presents and evaluates measures to address traffic and safety issues, if any, identified in stage two of the study. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 7 EXISTING CONDITIONS A comprehensive field inventory of existing conditions within the study area was conducted in December 2022. The field investigation consisted of an inventory of existing roadway geometrics; pedestrian and bicycle facilities; public transportation services; traffic volumes; and operating characteristics; as well as posted speed limits and land use information within the study area. The study area that was assessed for the Project consisted of Millstone Road, and the following specific intersections: Main Street (Route 6A) at Millstone Road, and Long Pond Road (Route 137) at Millstone Road. The following describes the study area roadway and intersections. ROADWAY Millstone Road  Two-lane, urban minor arterial roadway under Town jurisdiction;  Traverses study area in a general north-south direction between Route 137 and Route 6A;  Provides two 9- to 12-foot wide travel lanes that are separated by a double-yellow centerline with a 1-foot wide marked shoulder provided;  The posted speed limit varies between 25 miles per hour (mph) and 40 mph, with the posted speed limit in the vicinity of the Project site identified as 35 mph;  Sidewalks are not provided;  The Cape Cod Rail-Trail crosses Millstone Road approximately 625 feet south of Route 6A  Illumination is provided intermittently by way of streetlights mounted on wood poles;  Land use within the study area consists of the Project site, residential properties, and areas of open and wooded space. INTERSECTIONS Table 1 and Figure 2 summarize existing lane use, traffic control, and pedestrian and bicycle accommodations at the study area intersections as observed in December 2022. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 8 Table 1 STUDY AREA INTERSECTION DESCRIPTION Intersection Traffic Control Typea No. of Travel Lanes Provided Shoulder Provided? (Yes/No/Width) Pedestrian Accommodations? (Yes/No/Description) Bicycle Accommodations? (Yes/No/Description) Rte. 6A/ Millstone Rd. S 1 through/right-turn lane on Rte. 6A eastbound; 1 left-turn/through lane on Rte. 6A westbound; and 1 left-turn/right-turn lane on Millstone Rd. Yes; 1 foot on all legs Yes; a sidewalk is provided along the north side of Rte. 6A. No Rte. 137/ Millstone Rd./ Private Dwy. S 1-general purpose lane on all approaches Yes; 1 to 3 feet on Rte. 137 and 1 foot on Millstone Rd. No No aS = STOP-sign control. TRAFFIC VOLUMES In order to determine existing traffic-volume demands and flow patterns within the study area, automatic traffic recorder (ATR) counts, turning movement counts (TMCs), and vehicle classification counts were completed in December 2022. The ATR counts were conducted on Millstone Road in the vicinity of the Project site on December 6th through December 7th, 2022 (Tuesday through Wednesday, inclusive) in order to record weekday traffic conditions over an extended period, with peak-period TMCs performed at the study intersections during the weekday morning (7:00 to 9:00 AM) and evening (4:00 to 6:00 PM) peak-periods on Tuesday, December 6, 2022. These time periods were selected for analysis purposes as they are representative of the peak-traffic-volume hours for both the Project and the adjacent roadway network. Traffic-Volume Adjustments In order to evaluate the potential for seasonal fluctuation of traffic volumes within the study area, historic traffic count data maintained by the CCC 4 was reviewed. Based on a review of this data, it was determined that traffic volumes during the month of December are 14 percent below average-month conditions and 50 percent below peak-month conditions. In order to develop traffic volume conditions within the study area under average-month conditions, an adjustment factor of 1.14 was applied to the December traffic count data based on the seasonal adjustment factors provided by the CCC. Traffic volume conditions within the study area under peak-month conditions were developed by applying an adjustment factor of 1.50 to the December traffic count data. In order to account for the impact on traffic volumes and trip patterns resulting from the COVID-19 pandemic, traffic-volume data collected at the MassDOT Continuous Count Station No. 7351 located on Route 28 in Barnstable were reviewed.5 Traffic-volume data collected at this count station in December 2022 was compared to data collected at the same count station in December 2019. Based on this pre- and post-COVID-19 traffic-volume comparison, the traffic- 4Cape Cod 2019 Traffic Counting Report, Cape Cod Commission; 2019. 5MassDOT Traffic Volumes for the Commonwealth of Massachusetts; 2022. Not To ScaleN Transportation Impact Assessment - Proposed Multifamily Residential Development - Brewster, Massachusetts Figure 2 Vanasse & Associates inc SITE 6A 137 Travel Lane Width, and Existing Intersection Lane Use, Pedestrian Facilities U U Legend: Unsignalized Intersection Sidewalk U Lane Use and Travel Lane Width Rail-Trail Crosswalk R: \ 9 5 6 4 \ 9 5 6 4 N T 1 . d w g , 1 2 / 2 8 / 2 0 2 2 1 : 3 8 : 0 6 P M G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 9 volume data that was collected as part of this assessment was found to be approximately 2.7 percent below the conditions that existed prior to the COVID-19 pandemic. As such, the adjusted (average and peak-month) December traffic volumes were adjusted upward by an additional 2.7 percent. The 2022 Existing average and peak-month traffic volumes are summarized in Table 2, with the weekday morning and evening peak-hour traffic volumes graphically depicted on Figure 3 for average-month conditions and on Figure 4 for peak-month conditions. Note that the peak-hour traffic volumes that are presented in Table 2 were obtained from the aforementioned Figures. Table 2 2022 EXISTING TRAFFIC VOLUMES AVERAGE MONTH/PEAK MONTH CONDITIONS Location/Peak Hour AWTa VPHc K Factord Directional Distributione Millstone Road, north of Fern Street: Weekday Morning (7:30 – 8:30 AM) Weekday Evening (4:00 – 5:00 PM) 2,205/2,990 -- -- -- 226/298 287/380 -- 10.2 13.0 -- 66.8 NB 65.1% SB aAverage weekday traffic in vehicles per day. bVehicles per hour. cPercent of daily traffic occurring during the peak hour. dPercent traveling in peak direction. NB = northbound, SB = southbound. As can be seen in Table 2, Millstone Road in the vicinity of the Project site was found to accommodate approximately 2,205 vehicles on an average weekday under average-month conditions and 2,990 vehicles under peak-month conditions (both two-way, 24-hour volumes). During the weekday morning peak-hour, Millstone Road was found to accommodate approximately 226 vehicles per hour (vph) under average-month conditions and 298 vph under peak-month conditions. During the weekday evening peak-hour, Millstone Road was found to accommodate 287 vph under average-month conditions and 380 vph under peak-month conditions. PEDESTRIAN AND BICYCLE FACILITIES A comprehensive field inventory of pedestrian and bicycle facilities within the study area was undertaken in December 2022. The field inventory consisted of a review of the location of sidewalks and pedestrian crossing locations along the study roadway and at the study area intersections, as well as the location of existing and planned future bicycle facilities. As detailed on Figure 2, a sidewalk is provided along the north side of Route 6A. The study area roadways do not provide sufficient width on a continuous basis to support bicycle travel in a shared traveled-way configuration.6 To the north of the Project site, the Cape Cod Rail-Trail traverses a former railroad right-of-way between Wellfleet and Yarmouth, a distance of approximately 6A minimum combined travel lane and paved shoulder width of 14 feet is required to support bicycle travel in a shared traveled-way condition. Not To ScaleN Transportation Impact Assessment - Proposed Multifamily Residential Development - Brewster, Massachusetts Figure 3 Average-Month WEEKDAY MORNING PEAK HOUR 2022 ExistingVanasse & Associates inc SITE WEEKDAY EVENING PEAK HOUR 6A 137 SITE 6A 137 Peak-Hour Traffic Volumes R: \ 9 5 6 4 \ 9 5 6 4 N T 1 . d w g , 1 2 / 2 8 / 2 0 2 2 1 : 3 8 : 1 5 P M Not To ScaleN Transportation Impact Assessment - Proposed Multifamily Residential Development - Brewster, Massachusetts Figure 4 Peak-Month WEEKDAY MORNING PEAK HOUR 2022 ExistingVanasse & Associates inc SITE WEEKDAY EVENING PEAK HOUR 6A 137 SITE 6A 137 Peak-Hour Traffic Volumes R: \ 9 5 6 4 \ 9 5 6 4 N T 1 . d w g , 1 2 / 2 9 / 2 0 2 2 1 : 3 6 : 0 5 P M G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 10 28-miles, crossing over Route 6 and traveling through the Towns of Yarmouth, Dennis, Harwich, Brewster, Orleans, Eastham, and Wellfleet. The Cape Cod Rail Trail crosses Millstone Road to the north of the Project site approximately 625 feet south of Route 6A. PUBLIC TRANSPORTATION Regularly scheduled public transportation services are provided within the Town of Brewster by the Cape Cod Regional Transit Authority (CCRTA). The CCRTA operates the FLEX service, which travels along Route 6, Route 6A and Route 137, passing Millstone Road. The FLEX bus service will deviate up to ¾ mile off its fixed route if a reservation is requested by a rider (pick-up or drop-off). Reservations for off-route stops must be made at least two hours before the scheduled pick-up. In addition to fixed-route bus services, the CCRTA provides a daily general public demand response service called Dial-a-Ride Transportation (DART), which is a door-to-door, ride by appointment transportation service. The CCRTA also provides door-to-door shared ride transportation for eligible persons who cannot use fixed-route transit all or some of the time due to a physical, cognitive, or mental disability in compliance with the ADA. The Brewster Council On Aging (COA) also provides medical and non-medical transportation for seniors and disabled persons. The public transportation schedules and fare information are provided in the Appendix. SPOT SPEED MEASUREMENTS Vehicle travel speed measurements were performed on Millstone Road in the vicinity of the Project site in conjunction with the ATR counts. Table 3 summarizes the vehicle travel speed measurements. Table 3 VEHICLE TRAVEL SPEED MEASUREMENTS Millstone Road Northbound Southbound Mean Travel Speed (mph) 28 30 85th Percentile Speed (mph) 32 33 Posted Speed Limit (mph) 35 35 mph = miles per hour. As can be seen in Table 3, the mean vehicle travel speed along Millstone Road in the vicinity of the Project site was found to be 28 mph in the northbound direction and 30 mph southbound. The measured 85th percentile vehicle travel speed, or the speed at which 85 percent of the observed vehicles traveled at or below, was found to be 32 mph northbound and 33 mph southbound, which is generally consistent the posted speed limit in the vicinity of the Project site (35 mph). The 85th G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 11 percentile speed is used as the basis of engineering design and in the evaluation of sight distances and is often used in establishing posted speed limits. MOTOR VEHICLE CRASH DATA Motor vehicle crash information for the study area intersections was provided by the MassDOT Highway Division Safety Management/Traffic Operations Unit for the most recent five-year period available (2016 through 2020, inclusive) in order to examine motor vehicle crash trends occurring within the study area. The data is summarized by intersection, type, severity, roadway and weather conditions, and day of occurrence, and presented in Table 4. As can be seen in Table 4, the study area intersections were found to have experienced an average of 1.6 or fewer reported movement vehicle crashes per year over the five-year review period. The majority of the crashes occurred on a weekday; during daylight; under clear weather conditions; and were reported as angle, rear-end or sideswipe crashes that resulted in property damage only. The study area intersections were found to have motor vehicle crash rates that were below both the MassDOT statewide and District average crash rates for a similar intersection for the MassDOT Highway Division District in which the intersection is located (District 5). A review of the MassDOT statewide High Crash Location List indicated that there are no locations within the Town of Brewster that are included on MassDOT’s Highway Safety Improvement Program (HSIP) listing as a high crash location. In addition, no fatal motor vehicle crashes were reported to have occurred at the study area intersections over the five-year review period. The detailed MassDOT Crash Rate Worksheet and High Crash Location mapping are provided in the Appendix. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 12 Table 4 MOTOR VEHICLE CRASH DATA SUMMARYa Route 6A/ Millstone Road Route 137/ Millstone Road/ Private Driveway Traffic Control Type:b Year: 2016 2017 2018 2019 2020 Total U 2 2 4 0 0 8 U 4 0 0 0 1 5 Average Ratec MassDOT Crash Rate:d Significant?e 1.60 0.36 0.57/0.57 No 1.00 0.28 0.57/0.57 No Type: Angle Rear-End Head-On Sideswipe Fixed Object Pedestrian/Bicycle Unknown/Other Total 4 3 0 0 1 0 0 8 1 1 1 2 0 0 0 5 Conditions: Clear Cloudy Rain Snow/Ice Total 7 1 0 0 8 4 0 1 0 5 Lighting: Daylight Dawn/Dusk Dark (Road Lit) Dark (Road Unlit) Total 8 0 0 0 8 4 0 0 1 5 Day of Week: Monday through Friday Saturday Sunday Total 5 3 0 8 4 0 1 5 Severity: Property Damage Only Personal Injury Fatality Not Reported Total 8 0 0 0 8 4 1 0 0 5 aSource: MassDOT Safety Management/Traffic Operations Unit records, 2016 through 2020. bTraffic Control Type: U = unsignalized. cCrash rate per million vehicles entering the intersection. dStatewide/District crash rate. eThe intersection crash rate is significant if it is found to exceed the MassDOT crash rate for the MassDOT Highway Division District in which the Project is located (District 5). G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 13 FUTURE CONDITIONS Traffic volumes in the study area were projected to the year 2030, which reflects a seven-year planning horizon from the date of publication of this assessment consistent with MassDOT’s Transportation Impact Assessment (TIA) Guidelines. Independent of the Project, traffic volumes on the roadway network in the year 2030 under No-Build conditions include all existing traffic and new traffic resulting from background traffic growth. Anticipated Project-generated traffic volumes superimposed upon the 2030 No-Build traffic volumes reflect 2030 Build traffic-volume conditions with the Project. FUTURE TRAFFIC GROWTH Future traffic growth is a function of the expected land development in the immediate area and the surrounding region. Several methods can be used to estimate this growth. A procedure frequently employed estimates an annual percentage increase in traffic growth and applies that percentage to all traffic volumes under study. The drawback to such a procedure is that some turning volumes may actually grow at either a higher or a lower rate at particular intersections. An alternative procedure identifies the location and type of planned development, estimates the traffic to be generated, and assigns it to the area roadway network. This procedure produces a more realistic estimate of growth for local traffic; however, potential population growth and development external to the study area would not be accounted for in the resulting traffic projections. To provide a conservative analysis framework, both procedures were used, the salient components of which are described below. Specific Development by Others The Town of Brewster and the CCC were contacted in order to determine if there were any projects planned within the study area that would have an impact on future traffic volumes at the study intersections. Based on these discussions, the following developments were identified for review in conjunction with this assessment:  Orleans Plaza, 17 Nells Way, Orleans, Massachusetts. This project consists of the construction of 43 residential units to be located at 17 Nells Way, east of the Project site. Traffic volumes associated with this project within the study area of this assessment are G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 14 expected to be relatively minor and would be reflected in the general background traffic growth rate (discussion follows).  Elijah’s Woods Subdivision, Brewster-Chatham Road (Route 137), East Harwich, Massachusetts. This project is currently under construction and entails the development of a 10-lot residential subdivision located off Route 137, opposite Landron Way and south of the Project site. Traffic volumes associated with this project within the study area of this assessment are expected to be relatively minor and would be reflected in the general background traffic growth rate. In addition, the Town of Brewster has acquired two former Cape Cod Sea Camps located at 3057 Main Street (Route 6A), and at 500 W.H. Besse Cartway. Specific development plans for these properties are currently under discussion and a defined program has not yet been identified. No other developments were identified at this time that are expected to result in an increase in traffic within the study area beyond the general background traffic growth rate. General Background Traffic Growth Traffic-volume data compiled by the CCC from permanent count stations and historic traffic counts in the area were reviewed in order to determine general traffic growth trends. Based on a review of this data, it was determined that traffic volumes within the study area (the “Lower-Cape” region) have experienced an annual increase of approximately 0.23 percent over the last 10-year period.7 In order to provide a conservative (high) analysis scenario and a prudent planning assessment for the Project, a 0.5 percent per year compounded annual background traffic growth rate was used to account for future traffic growth and presently unforeseen development within the study area. Roadway Improvement Projects MassDOT, the CCC and the Town of Brewster were contacted in order to determine if there were any planned future roadway improvement projects expected to be completed by 2030 within the study area. Based on these discussions, the following roadway improvement project was identified:  Millstone Road Improvements, Brewster, Massachusetts. This project is being undertaken by the Town and entails the stormwater management and pedestrian and bicycle improvements along the length of Millstone Road to include the following: o Millstone Road will be reconstructed to provide a uniformed traveled-way consisting of two 11-foot wide travel lanes that will be separated by a double- yellow centerline with 1-foot wide marked shoulders. o Five-foot wide sidewalks will be added, separated from the edge of the traveled- way by a grass-strip where possible. The sidewalk will located be along the west side of Millstone Road north of Lund Farm Way, along both sides between Lund Farm Way and Fern Lane, and along the east side south of Fern Lane. o Marked crosswalks will be provided for crossing Route 6A and Millstone Road when the sidewalk switches sides. 7Ibid 4. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 15 No other roadway improvement projects aside from routine maintenance activities were identified to be planned within the study area at this time. No-Build Traffic Volumes The 2030 No-Build condition peak-hour traffic volumes were developed by applying the 0.5 percent per year compounded annual background traffic growth rate to the 2022 Existing peak-hour traffic volumes. The resulting 2030 No-Build weekday morning and evening peak-hour traffic volumes under average-month conditions are shown on Figure 5, with the corresponding peak-month traffic volumes shown on Figure 6. PROJECT-GENERATED TRAFFIC Design year (2030 Build) traffic volumes for the study area roadways were determined by estimating Project-generated traffic volumes and assigning those volumes on the study roadways. The following sections describe the methodology used to develop the anticipated traffic characteristics of the Project. As proposed, the Project will entail the construction of a 45-unit multifamily residential community. In order to develop the traffic characteristics of the Project, trip-generation statistics published by the Institute of Transportation Engineers (ITE)8 for a similar land use as that proposed were used. ITE Land Use Code (LUC) 220, Multifamily Housing (Low-Rise), was used to develop the trip-generation characteristics for the Project, the results of which are summarized in Table 5. Table 5 TRIP-GENERATION SUMMARY Vehicle Tripsa Time Period Entering Exiting Total Average Weekday 182 182 364 Weekday Morning Peak-Hour 9 28 37 Weekday Evening Peak-Hour 25 15 40 aBased on ITE LUC 220, Multifamily Housing (Low-Rise). Project-Generated Traffic-Volume Summary As can be seen in Table 5, the Project is expected to generate approximately 364 vehicle trips on an average weekday (two-way, 24-hour volume, or 182 vehicles entering and 182 exiting), with 37 vehicle trips (9 vehicles entering and 28 exiting) expected during the weekday morning peak-hour and 40 vehicle trips (25 vehicles entering and 15 exiting) expected during the weekday evening peak-hour. 8Ibid 1. Not To ScaleN Transportation Impact Assessment - Proposed Multifamily Residential Development - Brewster, Massachusetts Figure 5 Average-Month WEEKDAY MORNING PEAK HOUR 2030 No-BuildVanasse & Associates inc SITE WEEKDAY EVENING PEAK HOUR 6A 137 SITE 6A 137 Peak-Hour Traffic Volumes R: \ 9 5 6 4 \ 9 5 6 4 N T 1 . d w g , 1 2 / 2 8 / 2 0 2 2 1 : 3 8 : 2 7 P M Not To ScaleN Transportation Impact Assessment - Proposed Multifamily Residential Development - Brewster, Massachusetts Figure 6 Peak-Month WEEKDAY MORNING PEAK HOUR 2030 No-BuildVanasse & Associates inc SITE WEEKDAY EVENING PEAK HOUR 6A 137 SITE 6A 137 Peak-Hour Traffic Volumes R: \ 9 5 6 4 \ 9 5 6 4 N T 1 . d w g , 1 2 / 2 8 / 2 0 2 2 1 : 3 8 : 3 2 P M G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 16 TRIP DISTRIBUTION AND ASSIGNMENT The directional distribution of generated trips to and from the Project site was determined based on a review of Journey-to-Work data obtained from the U.S. Census for persons residing in the Town of Brewster and then refined based on existing traffic patterns within the study area. The general trip distribution for the Project is graphically depicted on Figure 7. Traffic volumes expected to be generated by the Project during the weekday morning and evening peak hours were assigned onto the study area roadway network as shown on Figure 8. FUTURE TRAFFIC VOLUMES – BUILD CONDITION The 2030 Build condition traffic volumes consist of the 2030 No-Build traffic volumes with the additional traffic expected to be generated by the Project added to them. The 2030 Build average-month weekday morning and evening peak-hour traffic volumes are graphically depicted on Figure 9, with corresponding peak-month traffic volumes depicted on Figure 10. A summary of peak-hour projected traffic-volume changes outside of the study area that is the subject of this assessment is shown in Table 6. These changes are a result of the construction of the Project. Not To ScaleN Transportation Impact Assessment - Proposed Multifamily Residential Development - Brewster, Massachusetts Figure 7 Trip Distribution MapVanasse & Associates inc SITE 6A 137 26% 9% 51% 14% Legend: Exiting Trips Entering Trips (XX) XX R: \ 9 5 6 4 \ 9 5 6 4 N T 1 . d w g , 1 2 / 2 8 / 2 0 2 2 1 : 3 8 : 3 9 P M Not To ScaleN Transportation Impact Assessment - Proposed Multifamily Residential Development - Brewster, Massachusetts Figure 8 Peak-Hour Traffic Volumes WEEKDAY MORNING PEAK HOUR Project-GeneratedVanasse & Associates inc SITE WEEKDAY EVENING PEAK HOUR 6A 137 SITE 6A 137 Legend: Exiting Trips Entering Trips (XX) XX R: \ 9 5 6 4 \ 9 5 6 4 N T 1 . d w g , 1 2 / 2 9 / 2 0 2 2 1 0 : 1 6 : 0 7 A M Not To ScaleN Transportation Impact Assessment - Proposed Multifamily Residential Development - Brewster, Massachusetts Figure 9 WEEKDAY MORNING PEAK HOUR Vanasse & Associates inc WEEKDAY EVENING PEAK HOUR 6A 137 6A 137 Average-Month 2030 Build Peak-Hour Traffic Volumes SITESITE R: \ 9 5 6 4 \ 9 5 6 4 N T 1 . d w g , 1 / 1 3 / 2 0 2 3 4 : 4 0 : 2 0 P M Not To ScaleN Transportation Impact Assessment - Proposed Multifamily Residential Development - Brewster, Massachusetts Figure 10 WEEKDAY MORNING PEAK HOUR Vanasse & Associates inc WEEKDAY EVENING PEAK HOUR 6A 137 6A 137 Peak-Month 2030 Build Peak-Hour Traffic Volumes SITESITE R: \ 9 5 6 4 \ 9 5 6 4 N T 1 . d w g , 1 / 1 3 / 2 0 2 3 4 : 4 0 : 5 0 P M G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 17 Table 6 PEAK-HOUR TRAFFIC-VOLUME INCREASES Location/Peak-Hour 2022 Existing 2030 No-Build 2030 Build Traffic- Volume Increase Over No-Build Percent Increase Over No-Build Route 6A, east of Millstone Road: Average Month Weekday Morning Weekday Evening Peak Month Weekday Morning Weekday Evening 789 996 1,039 1,311 821 1,036 1,081 1,365 830 1,047 1,090 1,376 9 11 9 11 1.1 1.1 0.8 0.8 Route 6A, west of Millstone Road: Average Month Weekday Morning Weekday Evening Peak Month Weekday Morning Weekday Evening 737 879 969 1,157 766 914 1,009 1,204 770 917 1,013 1,207 4 3 4 3 0.5 0.3 0.4 0.2 Route 137, east of Millstone Road: Average Month Weekday Morning Weekday Evening Peak Month Weekday Morning Weekday Evening 693 770 910 1,012 721 800 948 1,053 740 821 967 1,074 19 21 19 21 2.6 2.6 2.0 2.0 Route 137, west of Millstone Road: Average Month Weekday Morning Weekday Evening Peak Month Weekday Morning Weekday Evening 564 674 742 887 587 702 772 924 592 707 777 929 5 5 5 5 0.9 0.7 0.6 0.5 As shown in Table 6, Project-related traffic-volume changes outside of the study area relative to 2030 No-Build conditions are anticipated to range from 0.2 to 2.6 percent during the peak periods, with vehicle increases shown to range from 3 to 21 vehicles. When distributed over the respective peak hours and to the roadway network that serves the Project site, the identified traffic-volume increases outside the immediate study area will result in a significant increase in motorist delays or vehicle queuing over anticipated future conditions without the Project (i.e., No-Build conditions). G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 18 TRAFFIC OPERATIONS ANALYSIS Measuring existing and future traffic volumes quantifies traffic flow within the study area. To assess quality of flow, roadway capacity and vehicle queue analyses were conducted under Existing, No-Build, and Build traffic-volume conditions. Capacity analyses provide an indication of how well the roadway facilities serve the traffic demands placed upon them, with vehicle queue analyses providing a secondary measure of the operational characteristics of an intersection or section of roadway under study. METHODOLOGY Levels of Service A primary result of capacity analyses is the assignment of level of service to traffic facilities under various traffic-flow conditions.9 The concept of level of service is defined as a qualitative measure describing operational conditions within a traffic stream and their perception by motorists and/or passengers. A level-of-service definition provides an index to quality of traffic flow in terms of such factors as speed, travel time, freedom to maneuver, traffic interruptions, comfort, convenience, and safety. Six levels of service are defined for each type of facility. They are given letter designations from A to F, with level-of-service (LOS) A representing the best operating conditions and LOS F representing congested or constrained operating conditions. Since the level of service of a traffic facility is a function of the traffic flows placed upon it, such a facility may operate at a wide range of levels of service, depending on the time of day, day of week, or period of year. 9The capacity analysis methodology is based on the concepts and procedures presented in the Highway Capacity Manual; Transportation Research Board; Washington, DC; 2016. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 19 Unsignalized Intersections The six levels of service for unsignalized intersections may be described as follows: • LOS A represents a condition with little or no control delay to minor street traffic. • LOS B represents a condition with short control delays to minor street traffic. • LOS C represents a condition with average control delays to minor street traffic. • LOS D represents a condition with long control delays to minor street traffic. • LOS E represents operating conditions at or near capacity level, with very long control delays to minor street traffic. • LOS F represents a condition where minor street demand volume exceeds capacity of an approach lane, with extreme control delays resulting. The levels of service of unsignalized intersections are determined by application of a procedure described in the Highway Capacity Manual 6th Edition.10 Level of service is measured in terms of average control delay. Mathematically, control delay is a function of the capacity and degree of saturation of the lane group and/or approach under study and is a quantification of motorist delay associated with traffic control devices such as traffic signals and STOP signs. Control delay includes the effects of initial deceleration delay approaching a STOP sign, stopped delay, queue move-up time, and final acceleration delay from a stopped condition. Definitions for level of service at unsignalized intersections are also given in the Highway Capacity Manual 6th Edition. Table 7 summarizes the relationship between level of service and average control delay for two-way STOP-controlled and all-way STOP-controlled intersections. Table 7 LEVEL-OF-SERVICE CRITERIA FOR UNSIGNALIZED INTERSECTIONSa Level-of-Service by Volume-to-Capacity Ratio Average Control Delay (Seconds Per Vehicle) v/c ≤ 1.0 v/c > 1.0 A B C D E F F F F F F F ≥10.0 10.1 to 15.0 15.1 to 25.0 25.1 to 35.0 35.1 to 50.0 >50.0 aSource: Highway Capacity Manual; Transportation Research Board; Washington, DC; 2016; page 19-2. 10Highway Capacity Manual; Transportation Research Board; Washington, DC; 2016. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 20 Vehicle Queue Analysis Vehicle queue analyses are a direct measurement of an intersection’s ability to process vehicles under various traffic control and volume scenarios and lane use arrangements. The vehicle queue analysis was performed using the Synchro® intersection capacity analysis software which is based upon the methodology and procedures presented in the Highway Capacity Manual 6th Edition. The Synchro® vehicle queue analysis methodology is a simulation-based model which reports the number of vehicles that experience a delay of 6 seconds or more at an intersection. For unsignalized intersections, Synchro® reports the 95th percentile vehicle queue. Vehicle queue lengths are a function of the capacity of the movement under study and the volume of traffic being processed by the intersection during the analysis period. The 95th percentile vehicle queue is the vehicle queue length that will be exceeded only 5 percent of the time, or approximately 3 minutes out of 60 minutes during the peak one hour of the day (during the remaining 57 minutes, the vehicle queue length will be less than the 95th percentile queue length). ANALYSIS RESULTS Level-of-service and vehicle queue analyses were conducted for 2022 Existing, 2030 No-Build, and 2030 Build conditions for the intersections within the study area. The results of the intersection capacity and vehicle queue analyses are summarized in Table 8, with the detailed analysis results presented in the Appendix. The following is a summary of the level-of-service and vehicle queue analyses for the intersections within the study area. For context, we note that an LOS of “D” or better is generally defined as “acceptable” operating conditions. Unsignalized Intersections Project-related impacts at the unsignalized study area intersections are shown on Table 8 and are defined as follows: Route 6A at Millstone Road Under both average and peak-month conditions, no change in level of service was shown to occur as a result of the addition of Project-related traffic. Under average-month conditions, the critical movements (all movements from Millstone Road) were shown to continue to operate at LOS C during both peak hours with no material increase in vehicle queueing. Under peak summer month conditions, the critical movements were shown to operate at LOS F during both peak hours (no change over Existing or No-Build conditions), with Project-related impacts defined as an increase in average motorist delay that resulted in a corresponding increase in vehicle queuing of up to two (2) vehicles. Route 137 at Millstone Road and the Private Driveway Under both average and peak-month conditions, no change in level of service was shown to occur as a result of the addition of Project-related traffic. Under average-month conditions, the critical movements (all movements from Millstone Road) were shown to continue to operate at LOS C during the weekday morning peak-hour and at LOS E during the weekday evening peak-hour with no material increase in vehicle queueing. Under peak summer month conditions, the critical movements were shown to operate at LOS F during both peak hours (no change over Existing or G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 21 No-Build conditions), with Project-related impacts defined as an increase in average motorist delay that resulted in a corresponding increase in vehicle queuing of two (2) vehicles. Millstone Road at the Project Site Driveway Under average-month conditions, all movements exiting the Project site driveway intersection with Millstone Road were shown to operate at LOS A during both the weekday morning and evening peak hours with negligible vehicle queuing predicted. Under peak summer month conditions, all movements exiting the Project site driveway to Millstone Road were shown to operate at LOS A during the weekday morning peak-hour and at LOS B during the weekday evening peak-hour, also with negligible vehicle queuing predicted. All movements along Millstone Road approaching the driveway were shown to operate at LOS A during the peak hours under both average and peak summer month conditions. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 22 Table 8 UNSIGNALIZED INTERSECTION LEVEL-OF-SERVICE AND VEHICLE QUEUE SUMMARY 2022 Existing 2030 No-Build 2030 Build Unsignalized Intersection/Peak Hour/Movement Demanda Delayb LOSc Queued 95th Demand Delay LOS Queue 95th Demand Delay LOS Queue 95th Route 6A/Millstone Road (Average-Month Conditions) Weekday Morning: Route 6A EB TH/RT Route 6A WB LT/TH Millstone Road LT/RT Weekday Evening: Route 6A EB TH/RT Route 6A WB LT/TH Millstone Road LT/RT 485 240 151 392 589 100 0.0 1.3 20.0 0.0 1.9 20.8 A A C A A C 0 0 3 0 1 2 504 250 157 408 612 104 0.0 1.3 21.8 0.0 2.0 22.5 A A C A A C 0 0 3 0 1 2 505 252 167 410 619 109 0.0 1.4 23.0 0.0 2.1 23.5 A A C A A C 0 0 3 0 1 2 Route 6A/Millstone Road (Peak-Month Conditions) Weekday Morning: Route 6A EB TH/RT Route 6A WB LT/TH Millstone Road LT/RT Weekday Evening: Route 6A EB TH/RT Route 6A WB LT/TH Millstone Road LT/RT 638 316 199 516 775 133 0.0 1.4 >50.0 0.0 2.1 >50.0 A A F A A F 0 0 8 0 1 6 664 329 207 537 807 138 0.0 1.4 >50.0 0.0 2.2 >50.0 A A F A A F 0 0 9 0 1 7 665 331 217 539 814 143 0.0 1.5 >50.0 0.0 2.3 >50.0 A A F A A F 0 0 11 0 1 8 See notes at end of table. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 23 Table 8 (Continued) UNSIGNALIZED INTERSECTION LEVEL-OF-SERVICE AND VEHICLE QUEUE SUMMARY 2022 Existing 2030 No-Build 2030 Build Unsignalized Intersection/Peak Hour/Movement Demanda Delayb LOSc Queued 95th Demand Delay LOS Queue 95th Demand Delay LOS Queue 95th Route 137/Millstone Road/Private Driveway (Average Month Conditions) Weekday Morning: Route 137 EB LT/TH/RT Route 137 WB LT/TH/RT Private Driveway LT/TH/RT Millstone Road LT/TH/TR Weekday Evening: Route 137 EB LT/TH/RT Route 137 WB LT/TH/RT Private Driveway LT/TH/RT Millstone Road LT/TH/TR 294 314 1 141 340 384 7 136 0.6 0.1 15.3 20.3 1.3 0.0 15.6 32.0 A A C C A A C D 0 0 2 0 0 0 1 -- 306 327 1 146 354 399 7 141 0.6 0.1 15.7 22.0 1.3 0.0 16.2 36.6 A A C C A A C E 0 0 0 3 0 0 0 4 307 332 1 164 357 412 7 151 0.6 0.1 15.8 24.4 1.4 0.0 16.5 42.2 A A C C A A C E 0 0 0 3 0 0 0 4 Route 137/Millstone Road/Private Driveway (Peak-Month Conditions) Weekday Morning: Route 137 EB LT/TH/RT Route 137 WB LT/TH/RT Private Driveway LT/TH/RT Millstone Road LT/TH/TR Weekday Evening: Route 137 EB LT/TH/RT Route 137 WB LT/TH/RT Private Driveway LT/TH/RT Millstone Road LT/TH/RT 386 413 2 185 447 505 10 178 0.6 0.1 19.4 >50.0 1.4 0.0 23.9 >50.0 A A C F A A C F 0 0 0 7 1 0 1 11 402 430 2 192 465 526 10 186 0.6 0.1 20.1 >50.0 1.4 0.0 25.8 >50.0 A A C F A A D F 0 0 0 8 1 0 1 13 403 435 2 210 468 539 10 196 0.7 0.1 20.3 >50.0 1.5 0.0 26.5 >50.0 A A C F A A D F 0 0 0 10 1 0 1 15 See notes at end of table. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 24 Table 8 (Continued) UNSIGNALIZED INTERSECTION LEVEL-OF-SERVICE AND VEHICLE QUEUE SUMMARY 2022 Existing 2030 No-Build 2030 Build Unsignalized Intersection/Peak Hour/Movement Demanda Delayb LOSc Queued 95th Demand Delay LOS Queue 95th Demand Delay LOS Queue 95th Millstone Road/Project Site Driveway (Average-Month Conditions) Weekday Morning: Project Site Driveway LT/RT Millstone Road NB LT/TH Millstone Road SB TH/RT Weekday Evening: Project Site Driveway LT/RT Millstone Road NB LT/TH Millstone Road SB TH/RT -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 28 163 81 15 120 203 9.3 0.3 0.0 9.9 1.0 0.0 A A A A A A 0 0 0 0 0 0 Millstone Road/Project Site Driveway (Peak-Month Conditions) Weekday Morning: Project Site Driveway LT/RT Millstone Road NB LT/TH Millstone Road SB TH/RT Weekday Evening: Project Site Driveway LT/RT Millstone Road NB LT/TH Millstone Road SB TH/RT -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 28 213 106 15 154 266 9.6 0.2 0.0 10.5 0.8 0.0 A A A B A A 0 0 0 0 0 0 aDemand in vehicles per hour. bAverage control delay per vehicle (in seconds). cLevel of service. dQueue length in vehicles. NB = northbound; SB = southbound; EB = eastbound; WB = westbound; LT = left-turning movements; TH = through movements; RT = right-turning movements. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 25 SIGHT DISTANCE EVALUATION Sight distance measurements were performed at the Project site driveway intersection with Millstone Road in accordance with MassDOT and American Association of State Highway and Transportation Officials (AASHTO)11 requirements. Stopping sight distance (SSD) and intersection sight distance (ISD) measurements were performed. In brief, SSD is the distance required by a vehicle traveling at the design speed of a roadway, on wet pavement, to stop prior to striking an object in its travel path. ISD or corner sight distance (CSD) is the sight distance required by a driver entering or crossing an intersecting roadway to perceive an on-coming vehicle and safely complete a turning or crossing maneuver with on-coming traffic. In accordance with AASHTO standards, if the measured ISD is at least equal to the required SSD value for the appropriate design speed, the intersection can operate in a safe manner. Table 9 presents the measured SSD and ISD at the subject intersection. 11A Policy on Geometric Design of Highway and Streets, 7th Edition; American Association of State Highway and Transportation Officials (AASHTO); Washington D.C.; 2018. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 26 Table 9 SIGHT DISTANCE MEASUREMENTSa Feet Intersection/Sight Distance Measurement Required Minimum (SSD) Desirable (ISD)b Measured Millstone Road at the Project Site Driveway Stopping Sight Distance: Millstone Road approaching from the north Millstone Road approaching from the south 250 250 -- -- 271/280c 500+ Intersection Sight Distance: Looking to the north from the Project Site Driveway Looking to the south from the Project Site Driveway 250 250 335 390 170/280c 191/500+c aRecommended minimum values obtained from A Policy on Geometric Design of Highways and Streets, 7th Edition; American Association of State Highway and Transportation Officials (AASHTO); 2018; and based on an approach speed of 35 mph along Millstone Road. bValues shown are the intersection sight distance for a vehicle turning right or left exiting a roadway under STOP control such that motorists approaching the intersection on the major street should not need to adjust their travel speed to less than 70 percent of their initial approach speed. cWith the selective trimming/removal of vegetation located within the sight triangle area. As can be seen in Table 9, with the selective trimming and/or removal of vegetation located within the sight triangle areas of the Project site driveway, the available lines of sight to and from the Project site driveway intersection with Millstone Road will exceed the recommended minimum sight distance to function in a safe (SSD) manner based on a 35 mph approach speed, which is consistent with the 85th percentile vehicle travel speeds measured along the roadway (32/33 mph) and the posted speed limit on Millstone Road (35 mph). We note that this work (selective trimming/removal of vegetation) will be required to complete the Millstone Road improvements that are being advanced by the Town independent of the Project. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 27 CONCLUSIONS AND RECOMMENDATIONS CONCLUSIONS VAI has conducted a TIA in order to determine the potential impacts on the transportation infrastructure associated with the proposed construction of a multifamily residential development to be located off Millstone Road in Brewster, Massachusetts. This assessment was prepared in consultation with the MassDOT, the CCC and the Town of Brewster, and was performed in accordance with MassDOT’s TIA Guidelines and the standards of the Traffic Engineering and Transportation Planning professions for the preparation of such reports. Based on this assessment, we have concluded the following with respect to the Project: 1. Using trip-generation statistics published by the ITE,12 the Project is expected to generate approximately 364 vehicle trips on an average weekday (two-way, 24-hour volume), with 37 vehicle trips expected during the weekday morning peak-hour and 40 vehicle trips expected during the weekday evening peak-hour; 2. The Project will not result in a significant impact (increase) on motorist delays or vehicle queuing over anticipated future conditions without the Project (No-Build condition), with no changes in levels of service shown to occur and Project-related impacts general defined as an increase in average motorist delay that resulted in a corresponding increase in vehicle queuing of up to two (2) vehicles; 3. Independent of the Project, the Millstone Road approach to Main Street (Route 6A) was shown to operate over capacity (i.e., LOS “F”) during both the weekday morning and evening peak hours under peak summer month conditions, with the Millstone Road approach to Long Pond Road (Route 137) identified to operate at capacity (i.e., LOS “E”) during the weekday evening peak-hour under 2030 No-Build average-month conditions and over capacity (LOS “F”) during both peak hours under peak summer month conditions; 4. All movements at the Project site driveway intersection with Millstone Road were shown to operate at LOS A during both peak hours with negligible vehicle queuing under average- month conditions and at LOS B or better during both peak hours under peak summer month conditions also with negligible vehicle queueing; 12Ibid 1. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 28 5. No apparent safety deficiencies were noted based on a review of MassDOT motor vehicle crash data for the study area; and 6. Lines of sight at the Project site driveway intersection with Millstone Road exceed or can be made to exceed the recommended minimum distance for safe operation. In consideration of the above, we have concluded that the Project can be accommodated within the confines of the existing transportation infrastructure in a safe and efficient manner with implementation of the recommendations that follow. RECOMMENDATIONS A detailed transportation improvement program has been developed that is designed to provide safe and efficient access to the Project site and address any deficiencies identified at off-site locations evaluated in conjunction with this study. The following improvements have been recommended as a part of this evaluation and, where applicable, will be completed in conjunction with the Project subject to receipt of all necessary rights, permits, and approvals. Project Access Access to the Project site will be provided by way of a driveway that will intersect the west side of Millstone Road approximately 130 feet north of Fern Lane. The following recommendations are offered with respect to the design and operation of the Project site access and internal circulation, many of which are reflected on the Site Plans:  The Project site driveway should be a minimum of 20-feet in width where parking will not be permitted and designed to accommodate the turning and maneuvering requirements of the largest anticipated responding emergency vehicle. If the minimum driveway width is used, “No Stopping Any Time” signs shall be installed along both sides of the driveway.  Where perpendicular parking is proposed, the drive aisle behind the parking should be a minimum of 23 feet in width in order to facilitate parking maneuvers.  Vehicles exiting the Project site should be placed under STOP-sign control with a marked STOP-line provided.  All signs and pavement markings to be installed within the Project site should conform to the applicable standards of the Manual on Uniform Traffic Control Devices (MUTCD).13  A sidewalk and marked crosswalks are provided within the Project site that connect the proposed buildings to the amenity building and parking area, and extend along the driveway to Millstone Road where a future sidewalk is to be constructed by the Town. It is recommended that a widened sidewalk area be provided at Millstone Road to serve as a school bus waiting area.  Americans with Disabilities Act (ADA) compliant wheelchair ramps should be provided at all pedestrian crossings where a sidewalk will be present. 13Ibid 2. G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 29  Existing trees and vegetation located along the west side of Millstone Road within the sight triangle areas of the Project site driveway should be selectively trimmed and/or removed in order to provide the required sight lines to and from the driveway. We note that this work will be required to complete the Millstone Road improvements that are being advanced by the Town independent of the Project.  Signs and landscaping to be installed as a part of the Project within the intersection sight triangle areas of the Project site driveway should be designed and maintained so as not to restrict lines of sight.  Snow accumulations (windrows) within the sight triangle areas of the Project site driveway will be promptly removed where such accumulations would impede sight lines. Off-Site Route 6A at Millstone Road The addition of Project-related traffic to the Route 6A/Millstone Road intersection was not shown to result in a change in level-of-service or a material increase in vehicle queueing for any movement, with operating conditions under average month conditions shown to remain acceptable (LOS C or better, where an LOS of “D” or better is defined as being representative of acceptable operating conditions). Under peak summer month conditions, Project-related impacts were generally defined as an increase in average motorist delay that resulted a corresponding increase in vehicle queuing of up to two (2) vehicles over No-Build conditions. As such and given the limited impact of the Project at this intersection with no evidence of a specific safety deficiency based on a review of the MassDOT motor vehicle crash data, no improvements are recommended or appear to be required at this intersection to accommodate the limited impact of the Project. Route 137 at Millstone Road and the Private Driveway The addition of Project-related traffic to the Route 137/Millstone Road/Private Driveway intersection was not shown to result in a change in level-of-service for any movement, with Project- related impacts generally defined as an increase in average vehicle queuing of up to two (2) vehicles over No-Build conditions under peak summer month conditions. Independent of the Project, it was noted that the Millstone Road approach is currently operating over capacity under peak summer month conditions during both the weekday morning and evening peak hours. Given the limited impact of the Project at this intersection with no evidence of a specific safety deficiency based on a review of the MassDOT motor vehicle crash data, no improvements are recommended or appear to be required at this intersection to accommodate the limited impact of the Project. Transportation Demand Management Regularly scheduled public transportation services are provided within the Town of Brewster by the CCRTA. The CCRTA operates the FLEX service, which travels along Route 6, Route 6A and Route 137, passing Millstone Road. The FLEX bus service will deviate up to ¾ mile off its fixed route if a reservation is requested by a rider (pick-up or drop-off). Reservations for off-route stops must be made at least two hours before the scheduled pick-up. In addition to fixed-route bus services, the CCRTA provides a daily general public demand response service called Dial-a-Ride Transportation (DART), which is a door-to-door, ride by appointment transportation service. The CCRTA also provides door-to-door shared ride transportation for eligible persons who cannot use fixed-route transit all or some of the time due to a physical, cognitive, or mental disability in G:\9564 Brewster, MA\Report\0 Millstone Road TIA 1_23.docx 30 compliance with the ADA. The Brewster Council On Aging (COA) also provides medical and non-medical transportation for seniors and disabled persons. In an effort to encourage the use of alternative modes of transportation to single-occupancy vehicles (SOVs), the following Transportation Demand Management (TDM) measures will be implemented as a part of the Project:  A transportation coordinator should be designated for the Project to coordinate the elements of the TDM program  Information regarding public transportation services, maps, schedules, and fare information should be posted in a central location and/or otherwise made available to residents;  A “welcome packet” should be provided to new residents detailing available public transportation services, bicycle and walking alternatives, and other commuting options;  Pedestrian accommodations have been incorporated into the Project and consist of sidewalks within the Project site that extend along the driveway to Millstone Road where a future sidewalk is planned to be constructed by the Town; and  Secure bicycle parking should be provided proximate to the community building. With implementation of the aforementioned recommendations, safe and efficient access will be provided to the Project site and the Project can be accommodated within the confines of the existing transportation system. APPENDIX PROJECT SITE PLAN AUTOMATIC TRAFFIC RECORDER COUNT DATA TURNING MOVEMENT COUNT DATA SEASONAL ADJUSTMENT DATA COVID ADJUSTMENT PUBLIC TRANSPORTATION SCHEDULES VEHICLE TRAVEL SPEED DATA MASSDOT CRASH RATE WORKSHEETS AND HIGH CRASH LOCATION MAP GENERAL BACKGROUND TRAFFIC GROWTH TRIP-GENERATION CALCULATIONS TRIP DISTRIBUTION CAPACITY ANALYSIS WORKSHEETS Appendix materials are available upon request Background Information: Parking at Brewster Affordable Housing Rentals Brewster Woods Brewster Woods has 30 apartments (8 one-bedroom, 19 two-bedroom & 3 three-bedroom), 29 units at 60% AMI and one at 80% AMI. One unit has not yet completed the leasing process. There are 54 parking spaces, equaling 1.8 parking spaces per unit. Use of parking spaces: Tuesday 3/07 at 5:15PM = 13 vehicles Wednesday 3/08 at 8:45AM = 6 vehicles Wednesday 3/08 at 8:30PM= 14 vehicles Parking issues addressed in Brewster Woods Comprehensive Permit: Comprehensive Permit: A.5 (page 6) C.3 The Board grants the following waivers of Chapter 179 (Zoning) of the Code of the Town of Brewster: (page 9) D.2. Prior to the issuance of a building permit for the project, the Applicant shall: (page 12) Kings Landing: 108 rental apartments ( 26 one-bedroom, 66 two-bedroom, 12 three-bedroom and 4 four-bedroom units at a mix of 80% AMI, 60% AMI, and 50% AMI). There are 215 parking spaces, equaling 2 spaces per unit. Note: 9 spaces are by the Community Building. Use of parking spaces: Wednesday 3/08 at 8:30AM = 81 vehicles Wednesday 3/08 at 2:45PM= 75 vehicles Wednesday 3/08 at 8:10PM = 110 vehicles Wells Court: 24 rental apartments for seniors 62+. Income limit of 50% AMI. All one-bedroom units. There are 30 parking spaces, equaling 1.25 parking spaces per unit. Note: 3 spaces have dumpsters over them. Use of parking spaces: Tuesday 3/07 at 5:15PM = 12 vehicles Wednesday 3/08 at 9AM = 13 vehicles Wednesday 3/08 at 8:30PM = 12 vehicles Frederick Court: 32 rental apartments for seniors aged 60+ and for people with disabilities. Income limit of 80% AMI. All one-bedroom units. There are 43 parking spaces, equaling 1.3 parking spaces per unit. Note: 7 spaces are next to the Community Building. Use of parking spaces: Tuesday 3/07 at 5:15PM = 15 vehicles (1 near Community Building) Wednesday 3/08 at 9AM = 21 vehicles (4 near Community Building) Wednesday 3/08 at 8:35PM = 19 vehicles (1 near Community Building) Sunny Pines/ Huckleberry Lane: 24 rental apartments for families. Two and three-bedroom units with an income limit of 80% AMI. Each unit (townhome/ half of a duplex) has a driveway, the driveways can accommodate 1-2 vehicles. Use of parking spaces: Wednesday 3/08 at 2:30PM = 21 vehicles Wednesday 3/08 at 8:45PM = 29 vehicles Proposed 0 Millstone Road: 45 rental apartments (15 one-bedroom, 25 two-bedroom, 5 three-bedroom) Income limit is a mix of 60% AMI (35 units) and 80% AMI (10 units). On the plans presented at the 2.07.23 ZBA hearing there are 72 parking spaces, equaling 1.6 parking spaces per unit. Compiled by Jill Scalise, Brewster Housing Coordinator, on March 7 & 8, 2023 000) ligivio ,o 4,4EWWeT Uy, e4 6f tW q �•$ Brian Harrison, Chair Brewster Zoning Board of Appeals Brewster Town Offices 2198 Main Street Brewster, MA 02631 Brewster Housing Partnership 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 March 8, 2023 Office of: Board of Selectmen Town Administrator Re: Chapter 40B Comprehensive Permit 23-04 — Local Initiative Project - Brewster Ridge/ 0 Millstone Road Dear Chairman Harrison & Esteemed Board Members; On Thursday February 16, 2023, David Quinn Director of Development for Housing Assistance Corporation and Vita Shklovsky of Community Development Partners presented to the Brewster Housing Partnership the detailed design plans for the development of the 16+ acre, V-shaped, parcel of town -owned land located between Millstone Road and the golf -side of Ocean Edge Resort. Partnership members voted unanimously to endorse this proposal. This land was originally designated for the development of Affordable housing in 2005. As a Local Initiative Project, the Town worked with the Massachusetts Housing Partnership (MHP) from at least 2017 through 2022, concurrent with the update of the Town's Housing Production Plan, to engage citizen input related to community needs and neighborhood concerns. We are proud to see that the public engagement process has resulted in a plan that will produce 45 new year-round Affordable rental apartments, with on -site management capacity and neighborhood community features, meeting an urgent and ever-increasing need in our Town and our region. Members referenced the extremely long wait -lists for Brewster's existing subsidized rental apartments (up to 12 years for a 3 -bedroom unit), as well as the abundance of applicants for unit lotteries (240 applicants for 27 units) as evidence that Local Preference is warranted to prevent displacement of lower income residents. The fmal design created by the team of Union Studio and Horsley Witten proposes a buffered, compact, village -style grouping of 11 buildings, surrounded by vegetated buffers, all around, and leaving 72% (11.9 acres) of the site as open space. No sensitive species or habitats have been identified on the site, and the proposal appears to utilize best management practices to address the 100 -year stormwater estimations and "Innovative Alternative" (AI) waste water systems on the site with generator back-up for pumps, and low-water/low-maintenance landscaping. The neighborhood will consist of a mix of townhouses and with 1 larger multi -family structure containing 13 apartments and an elevator, as well as communal facilities for management, laundry and neighborhood meeting space. Units will range in size including 1-, 2-, and 3 -bedroom units. 35 of the units were presented as being permanently restricted with rents affordable to households earning no more than 60% of AMI and 10 unit will be restricted to households earning up to 80% of AMI. The design appears to meet the standards for parking, with 1.6 designated off-street tenant and visitor parking spaces to each unit, for a suggested 72 spaces dispersed throughout the developed areas. The applicants indicate that they are also seeking to incorporate energy efficiency and solar -ready design, with potential for solar electricity production features on the buildings. The Housing Partnership lends its enthusiastic support to this thoughtful and responsive project, as carefully balancing the desire to optimize the production of Affordable rental housing, while producing a neighborhood that is compatible in character with surrounding single- and multi -family development. We look forward to a strong successful relationship with the applicants, fostering a continued commitment to attractive, safe, stable, Affordable housing in our Town. Sincerely, Jillian Douglass, Vice Chair Brewster Housing Partnership Cc: Brewster Select Board Jon Idman. Town Planner Jill Scalise. Housing Coordinator WV N/F CAPTAINS VILLAGE HOMEOWNERS 598 MILLSTONE ROAD N/F DAFFINEE 606 MILLSTONE ROAD N/F O'BRIEN 616 MILLSTONE ROAD N/F GUSKI 626 MILLSTONE ROAD N/F SMOLLER 636 MILLSTONE ROAD N/F CHIPMAN 648 MILLSTONE ROAD N/F MOUNT 656 MILLSTONE ROAD N/F REYNOLDS 26 AGASSIZ STREET N/F COPLEY 692 MILLSTONE ROAD N/F ELLIS 704 MILLSTONE ROAD N/F REEVES 714 MILLSTONE ROAD N/F HURST 724 MILLSTONE ROAD N/F HILL & YORDANOV 736 MILLSTONE ROAD N/F GLIDDEN 742 MILLSTONE ROAD N/F SYLVER770 MILLSTONE ROAD N/F MAGELANER 72 CAPTAINS VILLAGE LANE N/F MILLEN 6 AGASSIZ STREET N/F DREW 19 AGASSIZ STREET N/F SCHNEIDER 90 CAPTAINS VILLAGE LANE N/F FERNANDO 114 CAPTAINS VILLAGE LANE N/F MILLEN 132 CAPTAINS VILLAGE LANE N/F DELONG 560 MILLSTONE ROAD N/F BERBRINN/F OCEAN'S EDGE RESORT LLC MAP 98 LOT 12 TOWN OF BREWSTER DEED BOOK 31410-87 DEED BOOK 5233-64 16.61 ACRES ± S0 5 ° 3 8 ' 3 6 " W 78 2 . 4 3 ' S0 4 ° 0 9 ' 5 6 " W 31 9 . 3 4 ' N80° 15' 16"E 372.85' N83° 11' 36" E 695.76' N74° 44' 17"E 630.60' L=149.99' R =975.00' N1 0 ° 2 4 ' 4 8 " E 12 6 . 3 6 ' S86° 2 2 ' 5 5 " E 265.3 9 ' N0 4 ° 2 6 ' 2 3 " E 12 3 . 8 0 ' N0 4 ° 2 6 ' 2 3 " E 99 . 2 1 ' N0 4 ° 2 6 ' 2 3 " E 98 . 1 8 ' N0 4 ° 2 6 ' 2 3 " E 98 . 8 7 ' N0 4 ° 2 6 ' 2 3 " E 99 . 9 6 ' N84° 06' 22 " E 151.11' N0 4 ° 2 6 ' 2 3 " E 99 . 3 8 ' N0 4 ° 2 6 ' 2 3 " E 10 0 . 2 2 ' N0 4 ° 2 6 ' 2 3 " E 10 0 . 2 3 ' S0 6 ° 0 2 ' 0 0 " W 22 7 . 0 5 ' S04° 26' 23"W 40.00' S0 4 ° 2 6 ' 2 3 " W 12 5 . 0 0 ' S0 4 ° 2 6 ' 2 3 " W 85 . 0 0 ' S0 4 ° 2 6 ' 2 3 " W 85 . 0 0 ' S0 4 ° 2 6 ' 2 3 " W 85 . 0 0 ' S0 4 ° 2 6 ' 2 3 " W 85 . 0 0 ' S0 4 ° 2 6 ' 2 3 " W 85 . 0 0 ' N85° 43' 4 5 " E 281.75' N83° 15' 20 " E 524.98' 792 MILLSTONE ROAD N/F MORGAN 756 MILLSTONE ROAD N/F HENDERSON N2 8 ° 4 4 ' 5 0 " E 89 . 8 4 ' REBAR FND CBDH FND CBDH FND CBDH FND CBDH FND CBDH FND 20' WIDE WATER E A S E M E N T CBDH FND CBD FND CBD FND CBD FND CBD FND CBD FND LCB FND LCB FND CBCTR FND IP FND CBREB FND MI L L S T O N E R O A D AGASS I Z S T R E E T PU B L I C 5 0 ' W I D E FERN LANE PRIVATE 40' WIDE SHEET C-4 M A S S S T A T E P L A N E Re v i s i o n s Ap p r . Re v . Da t e By De s c r i p t i o n 1 2 3 4 5 6 7 Su r v e y P r o v i d e d B y : Sheet Number: Project Number: Registration: Pr e p a r e d F o r : Pl a n S e t : Pl a n T i t l e : Sheet : of (in feet) GRAPHIC SCALE 080 40 80 160 320 1 INCH = 80 FEET M C L / E W H Ch e c k e d B y : De s i g n e d B y : Da t e : Dr a w n B y : Su s t a i n a b l e E n v i r o n m e n t a l S o l u t i o n s w w w . h o r s l e y w i t t e n . c o m 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 50 8 - 8 3 3 - 6 6 0 0 v o i c e 50 8 - 8 3 3 - 3 1 5 0 f a x Ho r s l e y W i t t e n G r o u p , I n c . 12 / 2 2 / 2 2 PR O P E R T Y L I N E P L A N 0 M I L L S T O N E R O A D CO M P R E H E N S I V E P E R M I T S E T BR E W S T E R , M A S S A C H U S E T T S Ho r s l e y W i t t e n G r o u p , I n c . 90 R o u t e 6 A Sa n d w i c h , M A 0 2 5 6 3 Ph o n e : (5 0 8 ) 8 3 3 - 6 6 0 0 Fa x : (5 0 8 ) 8 3 3 - 3 1 5 0 Da t e d : N o v e m b e r 2 9 , 2 0 2 2 Pr e s e r v a t i o n o f Af f o r d a b l e H o u s i n g , In c . 2 O l i v e r S t r e e t , S u i t e 5 0 0 Bo s t o n , M A 0 2 1 0 9 Ph o n e : - Fa x : --- - 1 122084 3 3 19of C - M C L DW M Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Brewster Boards & Committees FROM: Donna J. Kalinick, Assistant Town Manager RE: Recent Lottery Information DATE: February 15, 2023 As discussed at the last ZBA hearing, the Select Board has purview over the request to the Department of Housing and Community Development (DHCD) regarding Local Preference. The Select Board on behalf of the Town can ask for up to 70% which requires justification and approval by DHCD. It should be noted that Local Preference is only for people who live in Brewster, work in Brewster, including employment at the municipality or have kids in the schools that are located in Brewster. In order to provide clarity around the recent affordable housing lotteries that took place for Brewster Woods and Serenity Brewster, I have compiled the following information, based on lottery data provided by Housing Assistance Corporation who was the lottery agent for both lotteries. The backup data is not included because it includes personal information of the applicants. Brewster Woods: 30 units of affordable rental housing at 30 to 60% of the Area Median Income (AMI) and one unit at 80% of the AMI; 3 of the units were not included in the lottery because they were specific to adults transitioning to independent living. Brewster Woods had a 70% Local Preference for the lottery which was 21 units. For the 27 units that were available for the lottery, there were 128 qualified applicants and another 112 applicants that were not qualified, a total of 240 applications. Of the 128 applicants, 40 were in the local preference pool for 21 units. 64 applicants were from other towns on Cape Cod; 24 were from off-Cape, of those, 4 were from out of state. 81% of the applicants were from on-Cape towns, including those who qualified for the local preference pool. Of the 112 non-qualified applicants, 89 were from Cape Cod towns and 23 were from off-Cape, with 2 from out of state. 80% were from Cape Cod towns. Office of: Town Manager Housing Serenity: 27 Affordable units, age 55 and up in the lottery at up to 80% AMI. Serenity had 50% Local preference for the 27 units or 14 units. There were 53 qualified applicants and another 19 applicants that were not qualified. A total of 72 applicants. For the 27 units that were available for the lottery, 14 were in the local preference pool, 27 were from other towns on-Cape; 13 from off-Cape, 4 of those were from out of state. 81% of the applicants were from on-Cape towns, including those who qualified for the local preference pool. Of the 19 non-qualified applicants, 15 were from on-Cape towns, 3 were from off-Cape and 1 was not identified. 80% were from on-Cape towns. We are keenly aware that due to the rising cost of housing and the lack of available rentals in Brewster, many residents have been forced to leave Brewster and locate either in another Cape town or off-Cape. Furthermore, we recognize that the need for housing is a regional problem. Archive d: Thursday, February 23, 2023 11:47:43 AM From: Amy von Hone Se nt: Wed, 15 Feb 2023 17:21:14 +0000Authentication To: Jonathon Idman Cc: Ellen Murphy; Donna K alinick; Peter Lombardi; Jill Scalise Subje ct: BOH Comments for ZBA Millstone Road Project Se ns itivity: Normal Attachme nts : Water Q uality Report Regulation.pdf; Design Operation and Maintenance Regulations for SWWTF.pdf; Heal th De partment Comments f or Conti nue d ZBA He ari ng: Attache d are copi e s of the l ocal BOH re gulations ref e rence d i n the wai ve rs be i ng re que sted for the Mil lstone Road Proj e ct. Both re gul ati ons appl y to large r scal e proje cts (2000 gal/day se wage fl ow) and e stabl ish a ni trogen l oadi ng standard whi ch the proposed proje cts must meet to protect our Bre wste r water re source s (groundwater, e stuari e s, fre shwate r ponds). Si nce the ori gi nal promul gati on of the se re gul ati ons, a si gnifi cant amount of work rel ated to our wate r qual ity has been complete d as part of Brewste r’s Integrated Wate r Re source s Manageme nt Pl an and i s the same type of data and anal ogi es bei ng re que ste d through these two regul ati ons. Additional ly, e nvironme ntal l y se nsi tive are as of Bre wster have be e n more prof i cientl y de l i ne ate d that are more vul nerabl e to i mpacts by deve l opme nt, i .e . Zone I and II, f resh and mari ne watershe ds, we tl ands, to he l p guide de ve l opme nt. Propose d projects, through the e vol uti on of techni cal data and methodol ogy rel ated to Bre wster’s wate r qual ity, are abl e to uti l i ze e stabli she d data and mathe mati cal model s to more readi l y dete rmi ne the level of i mpacts a proje ct may have on Brewste r’s re source s. The Mil lstone Road Project does tri gge r both regul ati ons be cause of the propose d flow of gre ater than 2000 gal /day, however, the property is not l ocated wi thi n any known e nvi ronmental l y se nsi ti ve are as that woul d automati cal l y i niti ate a hi gher l e ve l of sewage treatment to re duce de ve lopme ntal i mpacts. It is uncl e ar what wai vers are spe ci f i call y be i ng re que ste d i n the Waiver Request, howe ve r, the project i s curre ntl y proposi ng an onsi te smal l waste wate r tre atme nt faci l i ty to me e t the requi reme nts of the above-menti one d re gul ati ons i n addi tion to meeting state Ti tle 5 Re gulations. As part of the BOH approval of the proposed wastewater treatment faci l i ty, condi ti ons wi ll be pl ace d on the proj e ct whi ch entail moni tori ng and re porti ng of wate r qual i ty data and ope rati on of the syste m to the BOH on an annual basis, i n addition to i mpl e me ntati on of mi ti gati on me asures i f the proje ct doe s not meet i ts targe te d compl i ance parame ters. For the ZBA re view of the project, I off e r the fol l owi ng re comme nde d tasks and condi ti ons f or i nclusi on into a posi ti ve de cisi on that would meet the re quire ments of the BOH local re gul ati ons: Cl ari fi cation of the type of Wai ve r be i ng re que sted Install ati on of a Smal l Waste wate r Treatment Facil ity pe r l ocal BOH Re gul ati ons Monthl y Infl ue nt/Effl ue nt testi ng for Total Ni troge n (Ef fl ue nt Max imum 10 mg/Li te r) Install ati on, moni toring, and data re porti ng of Groundwater Monitori ng We l l s pe r l ocal BOH regul ati ons Submi ttal of annual Small Waste wate r Treatment Facil ity re ports and any noncompli ance or al arm e vents to the BOH pe r l ocal BOH regul ati ons Pl e ase advi se if the re are additional questi ons or comme nts. Thank you, Amy Amy L. von Hone , R.S., C.H.O. Bre wster He al th Di rector (O) 508.896.3701 X1120 (F) 508.896.4538 From: Jonathon Idman <jIdman@brewste r-ma.gov> Sent: Tuesday, Fe bruary 14, 2023 9:41 AM To: Amy von Hone <avonhone @brewste r-ma.gov> Subject: RE: He re are the wai ve rs from BOH regul ati ons requeste d under the compre he nsive pe rmi t appl i cati on Hi Amy, Tammi just se nt the two se ts of regs al ong- thank you. I thi nk i t t woul d be hel pf ul for Heal th to opi ne on the regs to the ZBA: as to the ir i nte nt; appli cabi l i ty and signi fi cance to the project; and the appropriate ne ss of the waiver re que st i tse l f . The 40B hearing has be e n conti nue d to March 14. Jon Jonathon D. Idman Bre wster Town Pl anner (508) 896-3701 x. 1150 From: Jonathon Idman <jIdman@brewste r-ma.gov> Sent: Monday, February 13, 2023 1:47 PM To: Amy von Hone <avonhone @brewste r-ma.gov> Subject: RE: He re are the wai ve rs from BOH regul ati ons requeste d under the compre he nsive pe rmi t appl i cati on Hi Amy, A few ZBA me mbers se e m to have read the appl i cants’ re que st for the se wai ve rs to me an that there wil l be no prote cti on of wate r quali ty, whi ch i s not the case. Coul d you pl e ase se nd me copies of the se re gs to share with the ZBA so that the y can be unde rstand the re gs and thus the wai ve rs re que sted from them. TY, Jon Jonathon D. Idman Bre wster Town Pl anner (508) 896-3701 x. 1150 From: Jonathon Idman Sent: Tuesday, January 24, 2023 5:11 PM To: Amy von Hone <avonhone @brewste r-ma.gov> Subject: He re are the waivers f rom BOH re gul ati ons re que ste d under the comprehensi ve pe rmit appl icati on TOWN OF BREWSTER BOARD OF HEALTH REGULATIONS Wate r Qual i ty Repo r t Regul ati o n (Effecti ve January 1 5, 1988 ) Applicant requests a waiver from the applicability of this Water Quality Report Regulation. The proposed wastewater system is designed and sited to comply with Title V requirements and Board of Health requirements. The Project Site is not in a well recharge area, not upgradient of a nitrogen sensitive tidal embayment, and not upgradient of any freshwater ponds. D e s ign, Ope ration, and M ainte nance of Small Was te wate r Tre atme nt Facilitie s (Effe ctive M arch 15, 2007) Applicant requests a waiver from the applicability of this regulation pertaining to the Design, Operation, and Maintenance of Small Wastewater Treatment Facilities. The proposed wastewater system design flow is less than 10,000 gpd and is not regulated under MassDEP groundwater discharge permit regulations. The proposed wastewater system is designed and sited to comply with Title V requirements and Board of Health requirements. The Project Site is not in a well recharge area, not upgradient of a nitrogen sensitive tidal embayment, and not upgradient of any freshwater ponds. Tcwn of B:ewster Brewster, Massachusetts 02631 WATER QUALITY REPORT OFFICE OF: BOARD OF HEALTH APPLICATION FEE: $250.00 In accordance with the Massachusetts General Laws, Chapter 111, Section 31, the Brewster Board of Health hereby adopts the following regulation: The Town of Brewster finds that the. Board of Health's Water Quality Report Regulations shall --be applicable to all proposed Definitive Subdivision Pland that are submitted to the Planning Board, reviewed by the Board of Health and described in the following sentences. All multi -family developments having four or more dwelling units, hotels, hospitals, and all non-resider.ti developments discharging -2000 gallons or more of wastewater effluent per da} must comply with these regulations. In addition, any other multi-developmer unit not currently defined may be required to comply with these regulations following a determination of applicability at a show -cause hearing. Exclude are developments` having less than 2,000 gallons per day wastewater effluent or where the proposed residential density is less than one unit per'two acre Any developer who Seeks :t0 discharge privately:owned treatment works effluer from any of the aforementioned uses to groundwater shall also be required tc obtain Board of Health approval to do so. In addition, any other multi -development unit• not currently defined may be required to comply with these regulations following a determination,of applicability at a show -cause hearing. Excluded are developnents-having ley than 2,000 gallons per day wastewater effluent or where the proposed resider tial density is.less than one unit per two acres. In applying to`the`Board of Health, the information shall be submitted in accordance with, "Hydrogeologic Study Guidelines" - (Attachment A). The information submitted to the Board of Health must demonstrate that no signi- ficant impact to water resources will occur as a result of the project, and that the nutrient contribution of the proposed project, when added to the existinq and potential nutrient level of other developments and acreage witr the .specific recharge area will not result in nutrient levels that exceed tt receiving water's critical eutrophic level or in the case of drinking well recharge areas, nitrate -nitrogen concentrations in the well in excess of (5) -parts' per million. Variances to this regulation may be granted by the Board of Health, after a hearing, during which the applicant proves that the installation of sewage disposal system_ will not adversely affect surface'or subsurface public or private water resources of: 1. The lot subject to the application 2. The adjacent land (whether developed or not) 3. A defined aquifer recharge area 4. Any shellfish or recreational waters In granting variances, the Board will take into consideration pop- ulation density of the area, the size and shape of the lot, slope, the suitability of the soil for drainage and percolation, existing and known future water supplies, depth to ground water and imper- vious material and area reserved for expansion of sewage system and relocation of water supply in case of failure. SEVERABILITY CLAUSE: Whenever possible,these regulations shall be deemed to be supple- mentary to (not contradictory with) state and federal statutes and regulations. In the event any of these regulations shall be held invalid, any such regulation or regulations shall be deemed to be severed from the others and struck from these rules, but the remaining regula- tions shall continue in full force and effect. Whoever personally or by his or her servant or agent of any firm or corporation violates these rules and regulations shall be pun- ished by a fine of not more than two hundred dollars per day for each such violation. ADOPTED:, December 15, 1987 AMENDED: January 5, 1988 EFFECTIVE: January.15, 1988 cl11.. T , John fM. ulkey, member -at -Large 1 HYDROGEOLOGIC STUDY GUIDELINES 1. Base map detailing should include: A. Existing surface water bodies and wetlands B. Location of Existing wells and septic systems for abutting properties C. Existing and planned land surface elevations D. Groundwater contours at minimally two feet (2') intervals unless otherwise specified to determinegroundwater elevations above sea level. E. Detailed description of proposed project, including: location of planned septic systems, water supply wells; residential dwellings, lawn areas, paved areas, etc. If in a zone of contribution to a private or public water supply well or within the recharge zone of a fresh or saltwater surface body the background information on environmental conditions should be sufficiently detailed to evaluate the following: A. Theexisting condition -of ground and surface water -quality, in- cluding physical characteristics and water chemistry. Measurement of existing water quality must beadjjusted for summer (peak population) conditions. Measurements shall specif- ically include concentrations of total phosphorus if in the recharge zone of a freshwater pond; nitrate -nitrogen if in the recharge zone of a saltwater pond or emayment; and nitrate - nitrogen if in a zone of contribution b. to a private or public water supply well. B. Subsurface geology C. Surface drainage patterns.: D. Water table contours -and groundwater flow direction. 3. Prediction of impacts from the project should be,determined for: A. Groundwater 1. The project proponent should, prepare a solute` transport model of the wastewater plume based on anticipated wastewater loading and groundwater contours. The plume model should show the di- mensions of the plume and contaminant concentrations 1,5,10 & 20 years after start up at various points as specified by the . Board of Health. Impacts of wastewater contamination on pub- lic and private wells, surface water bodies, coastal water, and wetlands must be considered. 1.: HYDROGEOLOGIC STUDY GUIDELINES 2. Calculate nitrogen loading rateif within a zone of contr-ibuti to an existing or proposed public or private water supply. In making a determination of the levels, in total pounds and in pounds -per -acre of nitrogen which will be generated by the proj- ect the following standards shall be used unless the applicant demonstrates to the satisfaction of the Board that other stand- ards are applicable: a. Loading per person: 5 lbs. nitrogen per person per year. Person per dwelling= 3. b. Loading from lawn fertilizer: 3 lbs. nitrogen per 1000 square feet per year (with a minimum of 15 lbs. per lot in a single-family subdivision). c. Loading from road runoff: .38 lbs. nitrogen per road mile per day. Loading from precipitation: 2.5 lbs. nitrogen per acre per year. 3. When required determine the cumulative nutrient loading impact from the proposed project.and the existing and potential loading from all other developments within the recharge area of the water supply well. Compare on a per acre basis the total nitrogen loading from the proposed. project with the loading rate that which would produce water supply nitrate -nitrogen levels in excess of five (5) parts per million. Surface Waters (Lakes, ponds, coastal waters and wetlands) Determine "limiting" nutrient in potentially affected surface water. 2. Calculate rate of flushing. 3. Calculate nutrient loading rate and compare, on a per acre basis, the total nutrient. loading from the proposed project with the loading rate that would be'expected .to produce critical eutrophic levels in a surface water body (.02mg/ ;:litre total phosphorous in fresh water bodies, or .75mg/litre in salt water bodies). 4. When required, calculate the cumulative impacts of the proposed project and the existing and potential developments and acreage within the recharge area of the,waterbody. 4 ATTACHMENT A - Page III HYDROGEOLOGIC STUDY GUIDELINES 5. In determining the impact on surface waters of phosphorous nutrient loading from a project, the following standards shall be used unless the applicant demonstrates to the sat- isfaction of the Board that other standards are applicable: a. Loading per person: .25 lbs. per person per year for sewage disposal systems within 300 feet of the shore- line. Persons per dwelling unit = 3. b. Loading from road runoff: .15 lbs. per curb mile per day. c. Loading from lawn fertilizer: .17 lbs. phosphorous per 1000 square feet per year. (with a minimum of .85 lbs. per lot in a single-family subdivision). TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1120 Fax: (508) 896-4538 BRHEALTH tt BREWSTER-MA.GOV OFFICE OF HEALTH DEPARTMENT DESIGN, OPERATION AND MAINTENANCE REGULATIONS FOR SMALL WASTEWATER TREATMENT FACILITIES AND REPORTING REQUIREMENTSFOR ALL WASTEWA FER TREATMENT FACILITIES THAT DISCHARGE OVER 2,000 GALLONS PER DAY Authority: The Board of Health of the Town of Brewster, Commonwealth of Massachusetts, acting under the authority of Chapter 111, Section 31 of the Massachusetts General Laws (M.G.L.) and any amendments additional thereto, and by any other power thereto enabling and acting thereunder and in accordance therewith, have, in the interest of and for the preservation of the public health, duly made and adopted the following regulations effective upon publication. Purpose: To protect the public health, safety, welfare and environment and the groundwater and surface waters (fresh and saline) of the Town from contamination by effluents originating from privately owned small wastewater treatment facilities (SWWTFs) that discharge more than 2,000 gallons per day and less than 10,000 gallons per day. In addition, to protect the public health, safety, welfare and environment by requiring SWWTFs and all wastewater facilities discharging over 10,000 gallons per day to submit annual reports to the Brewster Board of Health, as set forth in Section 7.00 of this Regulation. These regulations herein do not, and are not intended to cover all aspects of engineering design, operation and maintenance of SWW 1'i s. Rather they outline the specific Board of Health interests and policies that may not be adequately reflected in other existing regulations, policies and manuals. Where local regulations or specifications herein are stricter, they shall prevail. Where regulations, specifications, or guidelines of other political subdivisions or agencies of jurisdiction or as included herein are stricter, they shall prevail. Applicability: This Regulation applies to all SWWTFs proposed in the town and also to interim or temporary wastewater disposal systems that may be used at facilities that will eventually use SWWTFs that discharge more than 2,000 gallons per day and less than 10,000 gallons per day. Section 7.00 of this Regulation shall also apply to all privately -owned sewage treatment and disposal systems that discharge more than 10,000 gallons per day. Definition: For the purpose of this regulation a Small Wastewater Treatment Facility (SWWTF) means a privately -owned sewage treatment and disposal system that discharges more than 2,000 gallons per day and less than 10,000 gallons per day, and that includes works/equipment to provide secondary or other wastewater treatment. Sewage disposal systems commonly referred to as "Title 5 systems," that do not have works/equipment to provide secondary or other wastewater treatment, shall not be considered SWWTFs. As regulated herein, a SWWTF shall include, but not be restricted to, all components of the system inclusive of sewers serving such facility; wastewater pumping stations, wastewater treatment works, sludge treatment and management works, disinfection equipment, advanced waste treatment works, subsurface disposal and land treatment systems, and wastewater recycling and reuse works. 1.00 Disposal Works Construction Permit: No SWWTF to be used for treating, neutralizing, stabilizing, or disposing of wastewater from homes, public buildings, commercial or industrial buildings, or any types of establishments, shall be located, constructed, installed, operated, altered, or repaired before a Disposal Works Construction Permit for such shall have been issued by the Board of Health. No construction of any building or facility that relies upon such SWWTF shall be allowed until a Disposal Works Construction Peinlit shall have been issued by the Board of Health to the Responsible Party. Responsible Party shall mean the developer, project proponent, condominium association, or any other party approved by the Board of Health. The Disposal Works Construction Peiiuit application materials are available from the BOH and the fee is indicated on the Board of Health Fee Schedule. 2.00 Review by Independent Registered Professional Engineer: Prior to the issuance of a Disposal Works Construction Penult by the Board of Health for construction, installation, alteration or repair of a SWWTF, an independent Registered Professional Engineer may be retained by the Board of Health to conduct a review of the proposed project. The consultant will review all aspects of the proposal, including where applicable, the proposed design, W W W.TO WN.BREWSTER.MA.US specifications, impacts to groundwater and surface waters, maintenance, construction, installation, repair or alteration of the SWWTF. The consultant shall be retained in accordance with M.G.L. Chapter 44, Section 53G. 3.00 Independent Professional Review Fee: To offset the cost of this review to the town, the applicant will be assessed a fee in addition to the disposal works construction pen uit fee, commensurate with the complexity of the planned construction, installation, alteration or repair, and the time required to adequately review the plans and specifications, and the expected impacts to groundwater and surface waters. The fee shall equal two percent of the design engineer's estimated cost of the project or $5,000, whichever is greater, and shall be deposited in a special account established by the Town of Brewster. The applicant shall pay the fee at the time of application. Any unused portion shall be refunded upon completion of the project or upon the Board of Health's determination that no independent review is necessary for the proposed project, in accordance with M.G.L. Chapter 44, Section 53G. In the event the Professional Review Fee does not cover the actual costs of the Independent Professional Review, the applicant is responsible for covering any difference in cost, prior to the issuance of any Disposal Works Construction Permit. 4.00 SWWTF Financial Assurance Mechanism: 4.10 Purpose: The Responsible Party shall establish and maintain a financial assurance mechanism that provides for the continued availability of an immediate repair and replacement account. The immediate repair and replacement account shall contain adequate funds to immediately correct any unanticipated problem related to a SWWTF so that any disruption of operation is minimized, and a violation of the terms and conditions contained in the Disposal Work Construction Permit does not occur. 4.20 Establishment: The establishment of the immediate repair and replacement account is triggered upon the completion of construction or installation in the case of a new SWWTF, or upon the completion of any repair or alteration of an existing SWWTF, and shall be established prior to the issuance of a Certificate of Compliance. To create an immediate repair and replacement account, the Responsible Party shall deposit at least 25% of the estimated construction cost of a new SWWTF or 25% of the estimated present replacement cost of an existing SWWTF. Once established and funded, the Responsible Party shall keep an amount equal to at least 25% of the estimated present replacement cost of the SWWTF for the immediate repair and replacement account and shall replenish the account within 90 days of any disbursement. 4.30 Financial Report: On or before January 31 of each year, the Responsible Party shall submit to the Health Director/Board of Health an annual financial report identifying the initial and current balance in the immediate repair and replacement account and confirming the continuing availability of the funds in said account for the purposes specified in the Disposal Works Construction Permit and in Section 4.00 of this Regulation. 5.00 SWWTF Effluent: Test Frequency Monthly Parameters Limit Total Nitrogen 10mg/liter Nitrate Nitrogen 10mg/liter Upon construction or installation of a new SWWTF, or any alteration or repair of a SWWTF existing upon the effective date of this Regulation, the Responsible Party shall obtain monthly samples to be composite samples. The Health Department must be notified of any exceedance. An exceedance the following month will constitute a violation and will require an appearance before the Board of Health by the Responsible Party. In addition, all SWWTF's shall be subject to local and State regulations applicable to Innovative and Alternative (I/A) Septic Systems. 2 6.00 Groundwater Monitoring Installation: The Responsible Party shall install, at a minimum, ground water monitoring wells in accordance with the following: • One up -gradient monitoring well • Three down -gradient monitoring wells • One monitoring well for ground water level only near the center of the leaching works • Screen depths for the cluster wells shall be at elevations such that at least two screen depths will yield samples at a time of seasonal low groundwater (e.g., September sampling period) Such locations shall be as approved by the Board of Health and as indicated appropriate from the results of the hydrogeological investigation. Monitor wells shall be installed and in place prior to issuance of the Certificate of Compliance and Annual Operations Permit. Additional monitoring wells or requirements may be required at the discretion of the Board of Health. Monitoring shall begin one year before the startup of any new SWWTF to give background information on the groundwater quality. 7.00 Reporting of all SWWTFs and Wastewater Treatment Facilities that discharge over 10,000 gallons per day: A registered Professional Engineer shall be hired by the Responsible Party to oversee the plant operations of all SWWTFs and wastewater treatment facilities that discharge over 10,000 gallons per day, and prepare an annual written report. The report shall summarize operating results, plant status, problems experienced, and any plant modification necessary. ,The engineer shall also appear before the Board of Health on an annual basis to discuss the facility's performance and other pertinent issues. Six copies of all reports and laboratory data shall be sent to the Board of Health. In addition, all groundwater monitoring monthly reports required through the Department of Environmental Protection permit conditions shall be sent to the town and summarized in the engineering report. 8.00 Variances: Any request for modifications or exemptions from these provisions may only be provided by application for variance to the Board of Health. Any variances to these regulations issued by the Board of Health shall comply with the provisions outlined in the State Environmental Code, Title 5 and the Brewster Board of Health Regulation Regarding Variance Requests for on -site Sewage Disposal Systems applications. 9.00 Enforcement: The Board of Health may enforce this regulation or enjoin violations thereof through any lawful process, and the election of one remedy shall not preclude enforcement through any other lawful means, including but not limited to the following: Whoever violates any provision of this regulation may be penalized by indictment or on complaint brought in the district court. Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation shall be a fine of not more than $1,000.00. Whoever violates any provision of this regulation may be penalized by a non -criminal disposition process as provided in Massachusetts General Laws, Chapter 40, Section 21D and the Town's non -criminal disposition bylaw. If non -criminal disposition is elected, than any person who violates any provision of this regulation shall be subject to the following penalties at the Board of Health's discretion: • A warning shall be issued for the first offense; • A fine of $100.00 shall be issued for the second offense; • A fine of $200.00 shall be issued for the third offense; and • A fine of $300.00 shall be issued for any subsequent offenses. 3 10.00 Severability: If any part or portions of these regulations be adjudicated as invalid, the adjudication shall apply only to the material so adjudged and the remaining Rules and Regulations shall be deemed valid and of full force and effect. Adopted; December 19, 1989 Effective: January 1, 1990 Amended: January 16, 2007 Effective: March 16, 2007 Amended: September19, 2018 Effective: September 28, 2018 Board Of Health Colette Williams, Town Clerk Penn ausser Holeman Dr. Nancy M. Leach 4 Archive d: Thursday, February 23, 2023 11:54:42 AM From: Amy von Hone Se nt: Mon, 20 Feb 2023 16:52:01 +0000Authentication To: Ellen Murphy Cc: Jonathon Idman; Sherrie McCullough; Donna K alinick Subje ct: FW: Millstone Housing - N itrogen Loading C alculation Se ns itivity: Normal Attachme nts : 230217_BO H Nitrogen Load Calculations.pdf; 221223_Millstone- Site Plan.pdf; 221223_Millstone-Existing Plan.pdf; I apologi ze El l e n- meant to i ncl ude you on thi s l ate st e mai l correspondence for incl usi on i nto the He alth Dept. comme nts for the conti nue d hearing. Thanks, Amy Amy L. von Hone , R.S., C.H.O. Bre wster He al th Di rector (O) 508.896.3701 X1120 (F) 508.896.4538 From: Amy von Hone Sent: Monday, February 20, 2023 11:49 AM To: Joe He nde rson <jhe nde rson@horsl e ywi tte n.com> Cc: Jonathon Idman <jIdman@bre wste r-ma.gov>; She rri e McCul lough <smccul lough@brewster-ma.gov>; Davi s Wal te rs <dwal ters@bre wste r-ma.gov>; Donna Kal i ni ck <dkal i ni ck@bre wste r-ma.gov>; Pete r Lombardi <pl ombardi@bre wster- ma.gov>; Ji l l Scal ise <jwertz-scal ise @brewste r-ma.gov> Subject: RE: Mil lstone Housi ng - Ni troge n Loadi ng Cal cul ati on Hi Joe - Thank you for the attache d Ni troge n Loading Cal cul ati ons for the Mi ll stone Road Housing Proj e ct. I have re viewe d the Ni troge n Loading spre adshe e t based on your data i nput f or the propose d proj e ct and agre e that the nitrogen loadi ng (3.83 ppm) with I/A se pti c treatment i s wel l be low the maxi mum standard of 10 ppm of Total Ni trogen outl ined i n our l ocal Bre wster Smal l Waste wate r Treatment Facil ity Re gul ati on unde r whi ch thi s project f al ls. As a remi nder, the Board of He al th anti cipate s a f ormal revi e w of your proposal (type of I/A tre atme nt, si te moni tori ng, mi ti gati on, and re porti ng plan, e tc.) as the proje ct move s forward. Pl e ase do not hesi tate to contact me wi th any que sti ons and I l ook f orward to worki ng wi th you on thi s proje ct. Thank you, Amy Amy L. von Hone , R.S., C.H.O. Bre wster He al th Di rector (O) 508.896.3701 X1120 (F) 508.896.4538 From: Joe He nde rson <jhenderson@horsl e ywi tte n.com> Sent: Friday, Fe bruary 17, 2023 4:56 PM To: Amy von Hone <avonhone @brewste r-ma.gov> Subject: RE: Mil lstone Housi ng - Ni troge n Loadi ng Cal cul ati on Thanks Amy, I’ve attache d the BOH workshe e t. Be cause the si te i s l arge (16.61 ac) and the proje ct de ve l opme nt are a i s f ocuse d on a smal l ce ntral porti on of the si te , i t se e ms as ni trogen l oading i s not a major i ssue. I’m planni ng to use an I/A system as re qui re d by the RFP, I’m l ooki ng at a coupl e technologi e s now that can me e t 19 mg/L unde r a DEP Ge ne ral Use Permi t. I’ve al so attache d the e x isti ng condi ti ons and site pl an for refe re nce. Once you’ve had a chance to take a l ook l e t me know i f you have any que sti ons. Thanks Joe From: Amy von Hone <avonhone@brewster-ma.gov> Sent: Friday, Fe bruary 17, 2023 10:30 AM To: Joe He nde rson <jhe nde rson@horsl e ywi tte n.com> Subject: RE: Mil lstone Housi ng - Ni troge n Loadi ng Cal cul ati on Sure – woul d be happy to re vi e w cal cs for you Thanks Amy L. von Hone , R.S., C.H.O. Bre wster He al th Di rector (O) 508.896.3701 X1120 (F) 508.896.4538 From: Joe He nde rson <jhenderson@horsl e ywi tte n.com> Sent: Friday, Fe bruary 17, 2023 10:22 AM To: Amy von Hone <avonhone @brewste r-ma.gov> Cc: Tammi Mason <tmason@bre wster-ma.gov> Subject: Mi l l stone Housi ng - Ni troge n Loading Cal culation Hi Amy, I’m working to addre ss your comme nts re late d to the Mil lstone Road si te, and I bel i eve one of the mai n i tems to revi e w i s the Ni troge n Loading Cal culations. I’ve i ncl ude d the comme nts we rece ived be l ow f or refe rence. I woul d li ke to re port back to the ZBA at the next heari ng on March 14 that thi s has been addre sse d, can I se nd over the calcul ati ons for your re view? I unde rstand that we wil l ne e d to submi t the ful l de si gn package f or revi e w before f i nal BOH approval. Thanks Joe From: Tammi Mason <tmason@bre wste r-ma.gov> Sent: We dne sday, Nove mbe r 16, 2022 11:30 AM To: Joe He nde rson <jhe nde rson@horsl e ywi tte n.com> Subject: Nitroge n Loadi ng Cal cul ati on spre adsheets and Regul ati on Hi Joe, I was asked to forward this to you. Tammi Mason Senior Departm ent Assistant Brewster Health Departm ent Beginning Marc h 21, Brewster Town Offic es will be open to the public M onday through Thurs day from 8:30 to 4:00PM , and by appointm ent on Fridays. For the lates t updates on Town serv ices, please v isit www.brewster-m a.gov Archive d: Thursday, March 9, 2023 2:15:58 PM From: Griffin Ryder Se nt: Fri, 3 Mar 2023 21:08:32 +0000Authentication To: Ellen Murphy Cc: Jonathon Idman Subje ct: Millstone Road Housing Development Se ns itivity: Normal Hi Ell e n- I’m appreci ati ve f or the di scussi ons to date with the appl icants regardi ng the coordination of the Town’s Mi l l stone Road Improve me nt Project wi th the proposed housi ng de ve lopme nt and l ook f orward to continui ng those discussi ons. In re sponse to a poi nt made at the l ast he ari ng, I wante d to cl ari fy that the Town’s Mi ll stone Road Improveme nt proje ct incl ude s some clearing al ong the road e dge for the roadway proje ct but based on the stoppi ng si ght di stance exhi bi t provi ded as part of the due di li ge nce re port, the housi ng project appe ars that i t wil l requi re some addi ti onal cl e ari ng (be yond that propose d as part of the Mi l l stone Road Improve me nt Project) al ong Mi l l stone Road i n orde r to e stabli sh the mi ni mum stoppi ng sight di stance . If such cl e ari ng is propose d or deeme d nece ssary, then the ZBA should consi de r thi s point as part of the te rms and conditions of i ts deci si on on the de vel opment. Pl e ase l e t me know i f you have any que stion or woul d l i ke to di scuss. Thank you, Griff i n Griff i n Ryder, P.E. Di rector of Publ i c Works Town of Brewste r 508.896.3212 gryder@brewste r-ma.gov 0pewST 04 o`,01,1 *, 4s41. m y s N Y y Town of Brewster 2198 Main Street Brewster, MA 02631 www.brewster-ma.gov Phone: (508) 896-3701 Email: brewster@brewster-ma.gov Office of: Select Board and Town Administrator SELECT BOARD POLICY ON WAIVER OF TOWN PERMIT FEES Policy no. 5 Date adopted:10/5/87 Date amended: 8/25/97 Date amended: 4/16/02 Date amended: 12/21/20 A. PURPOSE 1 This policy seeks to create consistent and clear eligibility standards for the reduction or waiver of Town fees. The policy also establishes a standard process by which the Select Board will consider and potentially approve any such request. 2 The Town of Brewster seeks to support events held on Town property that broadly benefit the community, many of which are organized, coordinated, and/or hosted by local non-profit organizations. The Town also actively engages in construction projects that are initiated or coordinated by various Town entities that benefit the community. B. POLICY & ELIGIBILITY 1. Town exemptions. Construction projects initiated, participated in, or sponsored by the Town, including those related to affordable housing, shall be exempt from all applicable licensing and permit fees except electrical and plumbing/gas inspectional service fees. 2. Nonprofit application limits. The Select Board may consider waiver of fees associated with the use of Town facilities by non-profit organizations upon proof of current 501(c)(3) status. Such activity shall be consistent with the applicant organization's mission. Any such waiver amount shall not exceed $1,000 for a particular request/event, nor shall the Board grant waivers in excess of $2,000 per fiscal year to any one entity. 3. Recycling Center waivers. The Select Board may, from time to time, waive certain Recycling Center fees associated with disposal of brush materials after a significant storm event or a Town -sponsored clean-up activity. 4. Public safety/emergency waivers. As a result of a public safety or health emergency, the Select Board may, at their discretion, choose to waive or pro- rate certain fees. 5. Other applications. Requests for waiver from any other Town fees is generally discouraged but may be reviewed on a case -by -case basis. The Select Board's action on any such requests shall not be considered 1 precedential. C. APPROVAL PROCESS 1. Each project/event fee waiver request shall be submitted in writing to the Select Board stating the nature and purpose of such request. 2. The Select Board shall act on a request as soon as practicable. 3. The Select Board's action on any such request shall be final and not subject to appeal. Approved by the Brewster Select Board on December 21, 2020 Mary hall .y' Chair Ben DeRuyter, Vice Chair ynthi in a , erk David Whitney 2 1 ZBA Case No. 23-4, “Safe Harbor” Letter to Applicants and DHCD Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701x. 1133 Fax: (508) 896-8089 BY EMAIL AND FIRST CLASS MAIL February , 2023 To: Applicants, Preservation of Affordable Housing (POAH) &Housing Assistance Corporation (HAC), c/o Peter L. Freeman, Esq. Freeman Law Group LLC 86 Willow Street Yarmouthport, MA 02675 pfreeman@freemanlawgroup.com Re: Written Notice of “Safe Harbor” Pursuant to 760 CMR 56 ZBA Case No. 23-4, Millstone Road Comprehensive Permit Application (Tax Map 98 Parcel 12) Dear Mr. Freeman: Please be advised that this correspondence shall serve as written notice to the Applicants, Preservation of Affordable Housing and Housing Assistance Corporation, from the Brewster Zoning Board of Appeals (“Board”), that on February 7, 2023, the Board opened the public hearing in the above- referenced matter (“Application”) and, at the hearing, the Board voted unanimously, 4-0, to determine, under 760 CMR 56.03(1), 56.03(4), 56.03(8)(a) and 56.05(3), that the Board considers that a denial of the requested comprehensive permit or the imposition of conditions or requirements upon the requested comprehensive permit would be consistent with local needs as a matter of law. Further, the Board elected to proceed with the full local hearing on the Application, with the Board reserving the right to deny the Application or to grant the Application with conditions. The basis for the Board’s position is that the Town of Brewster is currently certified as compliant with its Housing Production Plan 2022-2027. Namely, the Department of Housing and Community Development Board (DHCD) certified that the Town had met the goal in its Housing Production Plan qualifying for a one-year safe harbor through July 25, 2023 pursuant to 760 CMR 56.03(4)(f). A copy of DHCD’s certification letter is attached hereto. Further factual support for this position is Brewster’s appearance on the current list of “HPP Certified Communities” dated January 13, 2023, which is posted on the Department of Housing and Community Development’s official website (https://www.mass.gov/doc/housing-production-plan-log-january-13-2023/download). Since the Town has reached a Housing Production Goal as set forth in 760 CMR 56.03(1), the Board “may at its sole discretion elect to proceed with the full local hearing, and ultimately to approve a Office of: Zoning Board of Appeals 2 ZBA Case No. 23-4, “Safe Harbor” Letter to Applicants and DHCD Comprehensive Permit, even though … [the safe harbor has been achieved]” … and, under 760 CMR 56.03(8), the Board may elect to deny or to impose conditions upon the issuance of any such permit, and such decision will be conclusively upheld as Consistent with Local Concerns. This written notice was forwarded to the Applicants and to DHCD on February , 2023, within 15 days of the February 7, 2023 opening of the public hearing on the Application. Thank you for your attention to this matter. Sincerely, Brian Harrison, Chair Brewster Zoning Board of Appeals ENC cc: Massachusetts Department of Housing and Community Development #23-06 Applicant: Josh Schiff CBI Farms 3036 Main Street Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 x 1168 FAX (508) 896-8089 www.brewster-ma.gov ZBA CASE FILE # cil‘ ‘96ee` Date + Time Stamped By;Town ;Clerk-, SPECIAL PERMIT APPLICATION — Special Event Venue Use VENUE INFORMATION Applicant/Property Owner: Joshua Schiff (Farm Manager) Street Address: 3038 Main Street, Brewster Phone: 773-744-9693 Map: 101 Lot: 26 Mailing Address: 297 Shore Road, Chatham, MA 02633 Business Name: Chatham Bars Inn Farm (CBI Operations LLC) Email: jschiff@chathambarsinn.com EVENT INFORMATION Date(s): See attached for proposed event dates and description Maximum Number of Guests Anticipated: 40-150 Estimated Number of Vehicles at One Time- 5-40 Proposed Hours: 11:00 a.m. - 10:00 p.m. Open to Public Ix Invitation Only F< Tent Use. Yes ❑ (if yes, then obtain a permit from the Building Department) No ❑ FOOD, ALCOHOL & ENTERTAINMENT Will there be food offered: Yes N. No 0 (If yes, then applicant shall obtain a food service permit from the Health Department) Will there be alcohol drinks* offered? Yes No ❑ (If yes, then applicant shall obtain a separate, one -day liquor license from the Select Board) Will there be entertainment* provided? Yes IR No 0 (if yes, a separate entertainment license shall be obtained from the Select Board) *The Liquor and Entertainment licenses may be obtained in one meeting at the Select Board SUBMIT WITH APPLICATION • Narrative describing the proposed event(s) • Scaled site plan indicating property boundaries, existing building locations, driveway, proposed parking, location of event activity and location of portable sanitary facilities (if applicable) ZONING BOARD OF APPEALS Special Event Venue Procedure 1. Applicant submits a completed application to the Zoning Board Clerk with appropriate supporting documents as indicated on application. 2. Application and supporting documents will be distributed to municipal departments including (but not limited to) Health, Building, Fire, Police, Conservation, Natural Resources and Planning for comments. 3. If applicable, municipal departments shall advise the Zoning Board on affecting rules and regulations concerning the proposed special event. 4. The Zoning Board will hold a hearing to consider the application. 5. Special Event permits shall expire on the last day of the calendar year of issuance. 6. Special Event permits shall run with the original applicant. If there is a change in property ownership or applicant then a new permit shall be required. 7. Special Event permits, when issued, comes with the understanding that the Zoning Board has the option to call a hearing to review a Special Event permit upon: a. Any change of use or nature of use, or b. Any traffic problems that arise, or c. Any other unforeseen concerns that are raised that warrant attention. d. Notification of violations of the terms of the Special Event permit: This hearing would have full rights to amend or revoke the original Special Event permit. 8. The Zoning Board has full authority to condition the Special Event permit. Completed application packages are required to be submitted and time stamped by the Town Clerk at least thirty-five (35) days prior to the requested hearing date. Town Hall hours are 8:30 am – 4:00 pm Monday- Friday. Completed application packages include twelve (12) copies of the following:  APPLICATION  SITE PLAN (to scale)  ASSESSOR’S MAP SHOWING THE APPLICANT’S LOT  CHECK IN THE AMOUNT OF THREE HUNDRED ($300) DOLLARS Please also provide one (1) pdf or electronic copy of the completed application package. An Abutter’s List will be requested by the Zoning Board Clerk when the application is filed. In accordance with Massachusetts General Laws, Chapter 40A, Section 11, this petition will be advertised in the local newspaper for two (2) consecutive weeks prior to the public hearing. The agenda will also be posted of the Meeting Board on the main floor of the Town Offices. Please be advised that it is improper for the Chairman or any member of the Board of Appeals to give legal advice or to discuss the merits of any petition prior to the public hearing. Any Decision of the BOA may be appealed to Superior Court, Land Court or District Court within twenty (20) days from the time that the decision is filed with the Town Clerk. CBI Farm Special Permit Application (2023) Narrative Description of Proposed Events Chatham Bars Inn Farm 3038 Main St., Brewster MA 02631 This 2023 request is for the same number of events (36) as in prior years. No change in the number or location of the events is proposed. The currently scheduled dates of events for 2023 are: 05/24/2023, 06/02/2023, 06/15/2023, 06/21/2023, 06/28/2023, 07/05/2023, 07/111/2023, 07/12/2023, 07/19/2023, 07/26/2023, 08/02/2023, 08/09/2023, 08/16/2023, 08/18/2023, 08/21/2023, 08/23/2023, 08/25/2023, 08/30/2023, 09/01/2023, 09/06/2023, 09/11/2023, 09/13/2023, 09/20/2023, 09/22/2023, 09/27/2023, 09/29/2023, and 10/04/2023. As in prior seasons, events will only be held in the same event area in the middle of the farm property. All conditions agreed to in prior Board reviews will continued to be honored. The Chatham Bars Inn will submit all necessary permits on a per-event basis (including catering license and one day liquor license). Entertainment will be limited to acoustic performances only, with applications sought for events that will feature performers. All tenting and tent permitting will be handled by Chase Canopy or Sperry Tent. Transportation to and from the hotel will be offered to limit traffic concerns, with the option for individuals to park in our on-premises parking lot for those with accessibility concerns. Valet assisted self-parking will also be available for larger events. The menu will be centered on locally grown produce sourced from our own farm and procured from local vendors. The Applicant will continue to foster strong connections with the community and highlight the importance of local agriculture with these events. Events will be both public and private. The majority of scheduled events will be private and smaller in size. Public events will be available to Brewster residents, hotel guests, and the community at large. The Applicant remains committed to offering a safe and healthy environment for guests. 44' 1de CBI Farm .r� Google Earth • . 'x 'x.19-,• _ r. 2 -7v 0 11. 't:` �.1;. C ,IFt�aIt 4 : ! ,W Legend 304 Main St Chatham Bars Inn Farm Application#23-06 www.brewster-ma.gov Page 1 of 1 3/6/2023 DEPARTMENT REVIEWS Application #23-06 APPLICANT: Joshua Schiff REPRESENTATIVE: MAP/LOT: Map 101, Lot 26 PROPERTY ADDRESS: 3038 Main Street Received from: Police Dept. Comments received from Lt. Charles Mawn  The police department may require a detail officer if the event is causing a traffic issue on Main St. If the applicant thinks that there may be a traffic issue, they are advised to call the police department ahead of scheduled event and hire a detail officer to be on location. Health Dept. Comments received from Sherrie McCullough It has been confirmed with the Chatham Board of Health that Chatham Bars Inn does hold a food service permit for catering. Chatham Bars Inn will be required to submit a Caterer’s Registration Form for each event scheduled at the Farm. A detailed menu will need to be attached to each Registration Form. They will also need to provide a copy of their Caterer’s License as well as copies of their Certified Food Manager’s Certification and their Allergen Awareness Certification. A site visit has been scheduled for April 5, 2023, at 11:00 A.M. to discuss details of their outdoor food service activities. At this time floor plans and site plans will be reviewed. A Standard Operational Plan will be required to ensure food safety for these events. A discussion will take place regarding open air cooking for these numerous events. Water Dept. Comments received from Paul Anderson The Water Department has no comments on this application. Administration Dept. Comments received from Donna Kalinick Applicant is only allowed 30 One-Day Liquor Licenses per year, these must be submitted at least 4 weeks prior to the event. Failure to do so may result in missed opportunity to serve alcohol. Entertainment licenses must be submitted at least 4 weeks in advance of the event. Detail should be required if any event occurs during peak times when the Bay Property is open, or another event is being held on the Bay Parcel at the same time. Applicant is encouraged to communicate with town about “community events” that require more parking than they have, and attendees are not being shuttled. Brewster Zoning Board of Appeals 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1168 brewplan@brewster-ma.gov %\01111111111111114 * Fee°Oto ie \ TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 101/26/0 101/27/' N. STR ET 101/31/0 MEADO DRIVE �1 3! 2/ X MEAD() IN. r+�i� Ei11 1N, STRE=ET DRNE 10112610 038-3044 MAIN STREET DRIVE 1/331' FsX EADO 101/34/ 10;113 0 01/11 LD. VALLEY, 1/11/0 ERRY.PsN, .DRI E 101/25/0 3058 AIN, STRE Certified by: 717 James M. Gallagher, MAA Deputy Assessor 410 TREET 101/23/0 0MILLSTONE R AD