HomeMy Public PortalAboutPlanning Board Packet 04/12/23Planning Board
Madalyn Hillis -
Dineen, Chair
Amanda Bebrin
Vice Chair
Robert Michaels
Clerk
Charlotte Degen
Antone Freitas
Elizabeth Taylor
Alexander
Wentworth
Town Planner
Jonathon ldman
Senior Department
Assistant
Lynn St. Cyr
Town of Brewster Planning Board
2198 Main St., Brewster, MA 02631
brewplan4brewster-ma.gov
(508) 896-3701 x1133
AMENDED PLANNING BOARD MEETING AGENDA
2198 Main Street
April 12, 2023 at 6:30 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 meeting may do so in the following manner:
Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID: 841 0778 1002. Passcode; 612505.
To request to speak: Press *9 and wait to be recognized.
Zoom Webinar: https://us02web.zoom.us/j/84107751002?pwd=VTVSV1ExaUNCL253NmNZV21Gdmo4dz09
Passcode: 612505.
To request to speak: Tap Zoom "Raise Hand", then wait to be recognized.
When required by law or allowed by the Chair, persons 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.gov),
or Video recording (tv.brewster-ma.gov).
The Planning Board packet can be found on the Calendar on the Town of Brewster website (www.brewster-ma.gov).
1. Call to Order.
2. Declaration of a Quorum.
3. Meeting Participation Statement.
4. Recording Statement. As required by the Open Meeting Law we are informing you
that the Town will be video and audio taping as well as broadcasting this public
meeting. In addition, if anyone else intends to either video or audio tape this
meeting they are required to inform the Chair.
5. Citizen's Forum. Members of the Public are invited to address the Planning Board
on matters not on the agenda during this time. The Planning Board asks that a 3 -
minute maximum comment period be respected by the speaker. In order to avoid
any possible interpretation of a violation of the Open Meeting Law, the Planning
Board will not provide comment in return to the speaker, however the item may be
moved to a future agenda if discussion is deemed warranted.
6. Major Stormwater Management Permit, Case No. 2023-10: Applicant/Owner:
William and Laura Brondyk through their representative John M. O'ReilIy, P.E.,
P.L.S. of J.M. O'Reilly & Associates, Inc., has submitted a major stormwater permit
application for property located at 5 Tanglewood Road and shown on Tax Map 73,
Parcel 86, pursuant to Brewster Town Code Chapter 272 and its accompanying
Regulations. The Planning Board will consider and potentially vote whether to
approve the major stormwater permit.
7. Major Stormwater Management Permit, Case No. 2023-11: Applicant/Owner:
Michael and Mary Sharon through their representative Matthew T. Farrell, EIT and
John M. O'Reilly, P.E., P.L.S. of J.M. O'Reilly & Associates, Inc., has submitted a
major stormwater permit application for property located at 393 Paines Creek Road
and shown on Tax Map 37, Parcel 6, pursuant to Brewster Town Code Chapter 272
and its accompanying Regulations. The Planning Board will consider and
potentially vote whether to approve the major stormwater permit.
Planning Board
Madalyn Hillis -
Dineen, Chair
Amanda Bebrin
Vice Chair
Robert Michaels
Clerk
Charlotte Degen
Antone Freitas
Elizabeth Taylor
Alexander
Wentworth
Town Planner
Jonathon Idman
Senior Department
Assistant
Lynn St. Cyr
8. Major Stormwater Management Permit, Case No. 2023-12: Applicant/Owner:
Christopher and Gillian Platts through their representative John M. O'Reilly, P.E.,
P.L.S. of J.M. O'Reilly & Associates, Inc., has submitted a major stormwater permit
application for property located at 0 Run Hill Road and shown on Tax Map 35,
Parcel 32, pursuant to Brewster Town Code Chapter 272 and its accompanying
Regulations. The Planning Board will consider and potentially vote whether to
approve the major stormwater permit.
9. Site Plan Review, Case No. 2022-09: Applicant/Owner: Remington's Trust, Peter
Lomenzo and Kerry Barton, Trustees, has submitted an application for property
located at 61-63 A.P. Newcomb Road and shown on Tax Map 25, Parcel 75 within the
Residential Medium Density Zoning District. The Applicant seeks Site Plan
Approval to redevelop an existing accessory structure as a three -bedroom bed and
breakfast pursuant to Brewster Zoning Bylaw Chapter 179-66. The Planning Board
will consider and potentially vote whether to grant site plan approval.
10. Planning Board Application Forms. The Planning Board will review, discuss, and
may vote to approve revised application forms.
11. Stormwater Management by the Numbers. The Planning Board will review and
generally discuss the number and type of stormwater management applications and
permits to date.
12. Approval of Meeting Minutes: March 8, 2023.
13. Committee Reports.
14. For Your Information.
15. Matters Not Reasonably Anticipated by the Chair.
16. Next Meetings: April 26, 2023 and May 10, 2023.
17. Adjournment.
Date Posted: Date Revised:
04/05/23 04/05/23
Received by Town Clerk:
MAJOR STORMWATER MANAGEMENT PERMIT
CASE NO. 2023-10
APPLICANT/OWNER: WILLIAM AND LAURA BRONDYK
PROPERTY: 5 TANGLEWOOD ROAD
1
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701 x. 1133
STAFF REPORT
TO: Planning Board
FROM: Jon Idman, Town Planner
RE: Major Stormwater Permit SWMP23-10
5 Tanglewood Road (Map 73 Parcel 86)
Applicant, M/M Brondyk c/o JM O’Reilly & Associates, Inc.
DATE: March 29, 2023
______________________________________________________________________________
Recommendation
The stormwater permit application meets the applicable performance standards and submission
requirements set out in the town’s Stormwater Management Regulations for issuance and approval of a
Major Stormwater Permit.
To the extent the Board deems a waiver necessary, the applicant’s request for a waiver from full
compliance with Phosphorus treatment standards appears to meet the waiver criteria from the
Regulations.
Approval should be granted subject to the continuing obligations set out in said Regulations, including
Sections 5.7, 5.8, 5.9 (Certificates of Compliance), 6.1B (Construction practices), Section 7.2
(Inspections), 8.3 (Recording of stormwater permit and O&M plan) and 8.5 therein.
Major Stormwater Management Permit
This project triggers a Stormwater Permit under Chapter 272 of the Brewster Code (Stormwater
Management Bylaw) and according to Section 4 of the Bylaw’s supporting regulations, a Major
Stormwater Permit is required because the project involves net new impervious surface of 2500 sq ft or
greater. The underlying project is development of a previously undeveloped single-family residential
property with a residence and appurtenances.
The property is not subject to wetlands jurisdiction and none of the property is located in a special flood
hazard area. The property is not located in a Zone II or the DCPC. The property slopes to the southeast
away from its frontage on Crowell’s Bog and Tanglewood Roads.
Because the development project, including the stormwater management system, is not located within
wetlands jurisdiction, the Planning Board is the stormwater permitting authority. Major Stormwater
Permits are subject to review at a public meeting, including for any waivers requested.
The Applicant has provided the required application materials for a Major Stormwater Permit, including a
site plan (revised 3/27/23) and Stormwater Management and Hydrologic Report (dated/ stamped 3/22/23),
as set out in Appendix B of the Stormwater Management Regulations.
Proposed Site Plan entitled “J.C. Donald Company- Brondyk, 167 Cranberry Highway, Orleans,
MA 02653, Site Plan- Stormwater Design, 5 Tanglewood Road, Brewster, MA, Assr’s Map 73,
Parcel 86,” prepared by JM O’Reilly & Associates, Inc., revised dated 3/27/23 and stamped by
John M. O’Reilly, PE, PLS.
Office of:
Planning Board
Planning Dept.
2
The Applicant has requested a waiver to the extent deemed necessary by the Board from full compliance
with Phosphorus treatment standards. My opinion is that, where there is no “true impervious surface”/
paving proposed (the driveway is proposed to be gravel) and the roof run-off is proposed to be handled
separately from site run-off and directly infiltrated to subsurface leaching facilities, a meeting full
phosphorous treatment (60% removal for new construction) requirements is inapplicable. Though
estimated Phosphorus removal has not been quantified in the application, there is some Phosphorus
treatment assumed with the types of structural post-construction BMPs proposed, e.g. the swale. Further,
there is an argument under Section 6.2.B.6.iii. of the Regulations that the combination of treatment and
water quality storage volume proposed meets the Regulations.
To the extent the partial waiver from strict compliance is deemed necessary, the proposal appears to be
consistent with the waiver criteria in Section 5.10 of the Regulations. Full compliance with Phosphorus
treatment requirements is unnecessary or impracticable given the lack of sensitive environmental
receptors including the depth to groundwater; the system is otherwise consistent with the purposes and
intent of the Stormwater Management Bylaw; and, notwithstanding the waiver, the system provides an
adequate level of protection for the public health and safety.
The Applicant has provided construction-period BMPs in an erosion and sedimentation control plan
consistent with the performance standards for Major Stormwater Permits set out in Section 6.1B of the
Stormwater Management Regulations. Plan elements include straw wattles, a gravel construction drive
and protection of catch basins.
The post-construction stormwater management system for the site consists of three separate stormwater
management subsystems/ catchment areas. Roof run-off will be collected separately from site run-off,
then directed to one of the subsurface leaching facilities for recharge. Run-off from the gravel driveway
will be collected from sheet flow, then directed to a gravel infiltration trench. Finally, run-off towards the
rear of the site will be collected by sheet flow, directed to and treated in the vegetated water quality swale
then conveyed to a subsurface leaching facility separate from the one for the roof run-off. The Applicant
has provided a corresponding Operations and Maintenance Manual. These post-construction BMPs are
consistent with the Major Stormwater Permits performance standards for new construction set out in
Section 6.2B and Section 8.2 of the Stormwater Management Regulations:
The system meets the applicable standards in the Massachusetts Stormwater Handbook for new
development.
The system was designed under post-development conditions to recharge on-site all peak
discharges for the 2, 10, 25 and 100-year storm events.
As designed, post-development runoff rates are reduced to less than the pre-development
conditions including for the 100-year storm.
The O&M plan deals with long term maintenance of all post-construction BMPs such as the
subsurface recharge system and water quality treatment swale.
The system incorporates Low Impact Development-type (LID) stormwater design elements,
specifically a water quality treatment swale.
In addition to the MA handbook stormwater standards, the system meets the TSS treatment
requirements (TSS) set out in the Regulations for new development.
The system is designed to hold and treat the ‘first flush’ of stormwater volume for the 100 yr
storm.
Phosphorus treatment is provided, including through the swale to the rear of the site.
The Applicant’s soil tests on the property, and NRCS mapping, have revealed sandy and well-
draining soils.
There is significant separation from stormwater facilities and the groundwater table.
FOR TOWN OFFICIAL USE ONLY
TOWN CLERK RECEIVED:
Town of Brewster
Code Chapter 272
Stormwater Management Permit
Application Form
1. Project Location:
5 TANGLEWOOD ROAD, BREWSTER
CAP
SWM PERMIT NUMBER ASSIGNED:
y 1)41,0`1 0
Street Address
73/86
34771, 269
Assessors Map and Parcels) Deed Reference
2. Applicant:
Willaim & Laura Brondyk
Name
52 Darby Drive, Mansfield, MA 02048-1606
Legal Mailing Address
Phone Number Email Address
3. Property Owner (if different than Applicant):
Same
Name
Legal Mailing Address
Phone Number Email Address
4. Professional Representative:
John O'Reilly, P.E., P.L.S., J.M. O'REILLY &* ASSOCAITES, INC.
Name
P.Q. Box 1773, Brewster, MA 02631
Legal Mailing Address
508-896-6601
joreilly@jmoreillyassoc.com
Phone Number Email Address
Brewster Stormwater Management Permit Application Form
Approved 2/23/ 2022 Rev. 06/22/2022 Page 1 of 2
5. Type of Application (Check as applicable):
Minor Stormwater Permit- Any combination or series of construction or land
disturbance activities that, over a two-year period, will result in a net increase in
impervious area of 500 sq.ft. to 2,500 sq.ft, and/or will result in land disturbances of
10,000 sq.ft. to 20,000 sq.ft.
Major Stormwater Permit- Any alteration, disturbance, development, or
redevelopment that does not meet the eligibility criteria for a Minor Stormwater
Permit.
SWM Permit Amendment -
List existing Stormwater Management permit number/ type
Stormwater Management Certificate of Compliance (SMCC) Request -
List relevant Stormwater Management permit number
6. Brief Project Description, including any waiver requests:
Singel family rdwelling development project. The driveway, roof and landscape areas are being
controlled by three subsurface leaching facilities along with a grassed swale.
Potential waiver sought for the phospherous treatment, see Stormwater Report.
7. Signatures:
Willian & Laura Brondyk
Applicant
Same
Date
Property Owner (if different than Applicant)
Date
-2Z-2
Professional Re ve as applicable) �1,'`�,, Date
NOTES:
• Please refer to Appendix B of the Stormwater Management Regulations for detailed application submittal
and supporting material requirements for Minor and Major Stormwater Management Permits,
respectively.
• The application fee schedule is contained in Appendix C of the Regulations.
• Certain activities are exempt from review and permitting (See §272-6 of the Stormwater Management
Bylaw).
• If the project is located, in whole or part, within an area subject to state or local wetlands protection law,
the review and permitting authority is the Brewster Conservation Commission/ Conservation Department.
• No permit review shall occur nor shall review periods commence until the application is deemed complete.
Brewster Stormwater Management Permit Application Form
Approved 2/23/ 2022 Rev. 06/22/2022 Page 2 of 2
BREWSTER, MA
f
Existing Catch Basin
1
Existing Paved Spillway
,Th\oo).-5
62
58
5
66
50
52
54
BENCHMARK
TOP OF CONC. BOUND
EL. 60.52' M.S.L.±
C.B.D.H.
FOUND
X426 /
60
0 30
\ 58
56
BENCHMARK
TOP OF CONC. BOUND
EL. 61.13' MS.L.±
54
52
50
48
43
PCL. 87
46
44
43 42
Existing Boulder Retaining Walls
SCALE 1"=30'
90
G:1AAJobs\J.C. DONALD COMPANY\9466.BRONDYK\DWG\9466.EXISTING CONDITION PLAN- DRAINAGE.dwg
40
MASS COORD. SYSTE
PCL. 85
40
LCC 31810
DEED BOOK 34771
ASSESSORS' MAP 73
PAGE 269
PARCEL 86
LEGEND
I=1 EXISTING CONTOUR
X12.34 EXISTING SPOT GRADE
24x5 PROPOSED SPOT GRADE
—w— WATER SERVICE LINE
—OH— OVERHEAD UTILITY SERVICE
- E--- ELECTRIC/COMM. SERVICE LINE
—G— GAS SERVICE LINE
TEST HOLE / BORING LOCATION
ST SEPTIC TANK
DB DISTRIBUTION BOX
sAS SOIL ABSORPTION SYSTEM
Reserve RESERVED FOR FUTURE
UTILITY POLE
® CATCH BASIN
FIRE HYDRANT
• CONCRETE BOUND, FOUND
LIMIT OF WORK
EDGE OF CLEARING
1
42
43
43
Edge of Existing Clearing FEB. 2023
BENCHMARK
TOP OF CONC. BOUND
EL. 44.12' M.S.L.±
PCL. 88
J.C. DONALD COMPANY- BRONDYK
167 CRANBERRY HIGHWAY, ORLEANS, MA 02653
EXISTING CONDITION PLAN
5TANGLEWOOD ROAD, BREWSTER, MA ASSR'S MAP 73, PARCEL 86
J.M. O'REILLY & ASSOCIATES, INC.
Professional Engineering & Land Surveying Services
1573 Main Street — Route 6A
P.O. Box 1773
(508)896-6601 Office Brewster, MA 02831 (508)896-6602 Fax
DATE:
3-20-2023
SCALE:
As Noted
BY:
jmo
CHECK:
JMO
JOB NUMBER:
JMO-9466
PROPOSED 24" DIA
DOME COVER
PROPOSED 24" DIA
NYLO P LAST DRAIN BASIN
(OR APPROVED EQUAL)
PROPOSED 6" DIA HDPE
PIPING TO INFILTRATION
GALLEY
PROPOSED CLEAN
BACKFILL MATERIAL
PROPOSED OPEN
BOTTOM OF DRAIN
TO BE PLACED ON
6 -INCHES OF
GRAVEL
INFILTRATION GALLEY
FOR EASTERN ROOF AREA
SCALE:1' =10'
TYPICAL INLET DRAIN TO INFILTRATION
GALLEY
25.9'
7.95' I 7.95'
NOT TO SCALE
7.95' II.
6" LAYER OF PEA -STONE
1 1/2" TO 2" NATIVE
GRAVEL
6" DIA H_D.P.E. PIPE FROM
ROOF OR INLET DRAIN,
1% PITCH MINIMUM
iLOAM OR LANDSCAPE AREA
1B" OF CLEAN SAND
FILL, MINIMUM
OVER GALLEY
_1 -
•
a
a
a
2.0' 2.0'
SEE DETAILS BELOW
SC 740 Units
TYPICAL STORMWATER FACILITY
NOT TO SCALE
REAR YARD AREA:
FOUR (4)- STORMTECH SC -740 END TO END;
UNITS TO BE PLACED ON A 6 INCH LAYER OF NATIVE STONE
ONE (1) FOOT OF STONE ON SIDES AND ENDS.
EAST ROOF AREA:
THREE (3)- STORMTECH SC -740 END TO END;
UNITS TO BE PLACED ON A 6 INCH LAYER OF NATIVE STONE
TWO (2) FEET OF STONE ON SIDES AND ENDS.
OBSERVATION PORT
ONE OBSERVATION PORT TO FINISH GRADE IS TO BE
PROVIDED
PROPOSED INLET DRAIN
'-20°- DIAMETER WITH DOME CAST IRON GRATE
I-
7.95'
7.95'
33.9'
I 7.95'
INFILTRATION GALLEY
FOR REAR YARD AREA
SCALE: 1" = 10'
PITCH DRIVEWAY TOWARDS TRENCH
FILTER FABRIC
L 36'
INFILTRATION TRENCH DETAIL FOR DRIVEWAY & WESTERN ROOF AREA
NOT TO SCALE
STORMWATER FACILITY NOTES:
GENERAL:
1.) CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING, LOCATINGAND PROTECTING ALL
ABOVE AND BELOW GROUND UTILITIES PPJORTO AND DURING CONSTRUCTION. CONTRACTOR
SHALL CONTACT DIG -SAFE, ON -TARGET LOCATING, WATER DEPARTMENT AND ALL OTHER
NECESSARY UTILITY COMPANIES FOR THE MARKING OF ALL PUBLIC AND PRIVATE UTILITIES.
2.) ALL WORKMANSHIP PROVIDED SHALL BE IN CONFORMANCE WITH THE TOWN OF BREWSTER
D.P.W. SPECIFICATIONS AND REQUIREMENTS.
3.) ALL COMPONENTS SHALL BE SUBJECT TO WHEEL LOADS, UNLESS SPECIFICALLY IDENTIFIED
ON THE PLAN DETAILS.
4.) ANY MODIFICATIONS AND/OR DEVIATIONS FROM THE PLANS SHALL BE REVIEWED AND
APPROVED BY THE PROJECT ENGINEER AND/OR THE TOWN.
ROOF RUNOFF:
5.) & 6.) THE RUNOFF FROM THE ROOF AREA SHALL BE COLLECTED BY GUTTERS, DOWNSPOUTS
AND 6" DIA. HDPE PIPE TO THE SUBSURFACE 25.85' x 6.25' x 3.0` LEACHING GALLEY.
DRIVEWAY:
7.) THE PROPOSED DRIVEWAY WILL BE GRAVEL. THE DRIVEWAY SHALL BE CONSTRUCTED TO
PITCH TOWARDS THE 67' x 3' x 3' INFILTRATION TRENCH.
8.) THE EXISTING CATCH BASIN WITHIN THE DRIVEWAY AREA IS TO BE RE -PLUMBED TO DRAIN
TO THE INFILTRATION TRENCH. CONTRACTOR SHALL COORDINATE THE PIPING AND IT SHALL BE
INSPECTED BY DESIGN ENGINEER.
SOIL:
9.) THE LEACHI NG FACILITIES FOR THE STORMWATER SHALL BE SET INTO THE MEDIUM TO
COARSE SAND MATERIAL OR THE LOAMY SAND MATERIAL ('C' LAYERS) AS SHOWN ON THE SOIL
LOGS FOR THE SEWAGE SYSTEM DESIGN. DESIGN ENGINEER SHALL INSPECT THE SOIL
CONDITIONS PRIOR TO INSTAWNGTHE LEACHING FACILITIES.
LIMIT OF WORK LINE:
10.) THE LIMIT OF DISTURBANCE FOR THE CONSTRUCTION OF THE DWELLING SHALL BE AS
SHOWN ON THE PLAN VIEW.
11.) THE LIMIT OF WORK LINE SHALL BE A ROW OF 9 -INCH STRAW WATTLES, SECURED TO THE
GROUND WITH STAKES.
12.) CONTRACTOR SHALL HAVE EXTRA STRAW WATTLES ON SITE 50 AS TO MITIGATE AND / OR
REPAIR THE LIMIT OF WORK LINE AND POTENTIAL SOIL WASHOUT.
GROUND COVER:
13.) ALL DISTURBED AREAS ARE TO STABILIZED BY COVERING THE AREAS WITH A 4 -INCH LAYER
OF LOAM, RAKED SMOOTH AND THEN SEEDED WITH A DROUGHT TOLERANT GRASS SEED MIX
OR LANDSCAPED TO ADDRESS THE SOIL STABILITY AND TO MITIGATE EROSION AND WASHOUT
INTO THE PROPOSED GRASSED SWALE.
7.95'
EXISTING
FOUNDATION
WALL
1
Existing Catch Basin,
TO BE RE -PLUMBED TO DRAIN INTO THE
67'x3'x3' STONE TRENCH.
Existing Paved Spillway
TO REMAIN
GRADE AT THE END OF THE SPILLWAY SHALL
BE ADJUSTED TO FORTIFY THE EXISTING FLOW
PATH FROM THE SPILLWAY TO THE REAR
AREA OF THE LOCUS AND SURROUNDING
PARCELS
WATTLE/EROSION CONTROL DETAIL:
TYPICAL SECTION
PROPOSED 9" DIAMETER
STAKED STRAW WATTLE.
WATTLE SECTIONS SHALL
OVERLAP BY 12" MINIMUM.
2
z
2
N
1" x 1" WOODEN STAKES,
SPACED 10' APART ON -CENTER
ti
1
Existing Flow Line from Spillway
— EXISTING GRADE
-3111r-
C.B.D.H.
/ FOUND
66
1
1
1
1
1
DRIVEWAY
50
52
54
BENCHMARK
TOP OF CONC. BOUND
1 EL. 60.52' M.S.L.±
NOTE
•
EXISTING CONDITIONS AS SHOWN WERE TAKEN
FROM THE SITE AND SEWAGE SYSTEM PLAN AS
PREPARED BY J.C.ELLIS DESIGN.
PLEASE REFER TO THE SITE & SEWAGE SYSTEM
PLAN FOR PROPOSED GRADING.
1e4P
� !ll 62
58
56
54
52
PROPOSED BOULDER
RETAINING WALLS, PER
BUILDER
BENCHMARK
TOP OF CONC. BOUND
EL. 61.13' M.S.L.±
50
48
46
44
LOT 64
22,426 S.F.±
PCL. 87
PROPOSED LOW POINT SWALE
BOTTOM OF SWALE SHALL BE
ELEVATION 37.5;
RIM INLET ELEVATION EL=38.0
40
PCL. 85
40
BREWSTER, MA
NOT TO SCALE c'fo�,�
LCC 31810
DEED BOOK 34771
ASSESSORS' MAP 73
PAGE 269
PARCEL 86
X 12.34
24x5
—w-
-OH-
- E-
- G-
5T
DB
sAs
Reserve
■
-x
LEGEND
1=1 EXISTING CONTOUR
EXISTING SPOT GRADE
PROPOSED SPOT GRADE
WATER SERVICE LINE
OVERHEAD UTILITY SERVICE
ELECTRIC/COMM. SERVICE LINE
GAS SERVICE LINE
TEST HOLE / BORING LOCATION
SEPTIC TANK
DISTRIBUTION BOX
SOIL ABSORPTION SYSTEM
RESERVED FOR FUTURE
UTILITY POLE
CATCH BASIN
FIRE HYDRANT
CONCRETE BOUND, FOUND
LIMIT OF WORK
EDGE OF CLEARING
41
Edge of Existing Clearing FEB. 2023
PROPOSED INFILTRATION GALLEY ROOF RUNOFF
25.85' x 6.25' x 3' LEACHING GALLEY FOR ENTIRE ROOF AREA
INLET INVERT EL = 47.0
BOTTOM OF FACILITY EL= 44.0
PROPOSED INFILTRATION TRENCH, FOR THE DRIVEWAY
6T x 3' x 3' LEACHING TRENCH, SEE DETAILS
INLET INVERT EL = 48.0
BOTTOM OF FACILITY EL = 45.0
Existing Boulder Retaining Walls
SCALE 1"=30'
PROPOSED LIMIT OF WORK LINE
SEE NOTES & DETAIL
BENCHMARK
TOP OF CONC. BOUND
EL. 44.12' M.S.L.±
PCL. 88
PROPOSED INFILTRATION GALLEY
33.9' x 6.25' x 3' LEACHING GALLEY FOR
REAR YARD- SEE DETAILS
INLET RIM = 38.5 (6" ABOVE LOW POINT)
INLET INVERT EL = 36.0
BOTTOM OF FACILITY EL = 33.0
REVISED 3-27-2023: CLARIFIED NOTES # 5 & 6; ADDED NOTE 13, GROUND COVER;
EX 1 EN DED THE LIMIT OF WORK UNE; UPDATED THE TYPICAL STORMWATER FACILITY
SECTION AND NOTED THE RETAINING WALLS ON THE NORTHEAST CORNER OF DWELLING.
J.C. DONALD COMPANY- BRONDYK
167 CRANBERRY HIGHWAY, ORLEANS, MA 02653
SITE PLAN- STORMWATER DESIGN
5 TANGLEWOOD ROAD, BREWSTER, MA ASSR'S MAP 73, PARCEL 86
J.M. O'REILLY & ASSOCIATES, INC.
Professional Engineering & Land Surveying Services
1573 Main Street — Route BA
P.O. Box 1773
(508)896-6601 Office Brewster, MA 02631 (508)696-6602 Fax
DATE:
SCALE:
BY:
CHECK: JOB NUMBER:
G:1AAJobs\J.C. DONALD COMPANY\9466.BRONDYK\DWG\9466.PROPOSED SITE PLAN- DRAINAGE.dwg
3-20-2023
As Noted
jmo
J M O JMO-9466
J.M. O'REILLY & ASSOCIATES, INC.
PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES
Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting
STORMWATER MANAGEMENT REPORT
AND
OPERATIONS & MAINTENANCE MANUAL
J.C. DONALD COMPANY
BRONDYK RESIDENCE
5 TANGLEWOOD ROAD, BREWSTER, MA
March 22, 2023
PREPARED FOR:
J.C. Donald Company
167 Cranberry Highway
Orleans, MA 02653
PREPARED BY:
J.M. O'REILLY & ASSOCIATES, INC.
1573 MAIN STREET
P.O. BOX 1773
BREWSTER, MA 02631
508-896-6601
1573 MAIN STREET, P.O. Box 1773, BREWSTER, MA 02631 • PHONE: (508) 896-660I • FAX: (508) 896-6602
WWW.JMOREILLYASSOC.COM
TABLE OF CONTENTS
1. Property Description and Information
2. Stormwater Management System Description
3. Massachusetts Stormwater Management Design Standards
4. Owner and Responsible Party
5. Schedule of Inspection and Maintenance of System
6. Long Term Lawn Care & Pollution Prevention Plan
7. Emergency Spill Cleanup Plan
8. APPENDICES
APPENDIX A—TSS Removal Calculation Sheets
APPENDIX B - HydroCAD Modeling Reports
Page 2 of 10
J.C. DONALD - BRONDYK STORMWATER MANAGEMENT REPORT
5 TANGLEWOOD ROAD, BREWSTER, MA MARCH 23, 2023
Property Description:
Lot Area:
Parcel Improvements:
Wetlands:
Soils:
Groundwater:
Zone II:
Topography:
Site Conditions:
22,426 sf+/-)
The site is to be developed with a new single family dwelling, retaining walls and
driveway. Site is currently under construction for the new dwelling.
There are no wetlands within 100 feet of the parcel.
The NRCS Soil Survey places the parcel within the Carver Sand 252D area as
reflected on MA Mapper. Soil testing completed for the sewage system found
clean sands.
The soil testing on site identified no groundwater was observed down to
elevation 29.4+/ -
The parcel is NOT located within a Zone II Groundwater Recharge mapped area.
The topography is sloping to the northeast down towards a low point just to the
southeast of the locus. The high point elevation of the parcel, adjacent of he
roadway, is about elevation 66 with a low point adjacent to the roadway of about
elevation 40
The existing lot is cleared and under construction.
Stormwater Management System Description:
The proposed post -development stormwater management plan consists of three (3) separate stormwater
systems that together have been designed to retain and attenuate stormwater runoff from all impervious
and landscaped surfaces on the site, including the paved driveway, dwelling, Landscaped Areas, Lawn
Areas and Natural Areas. Stormwater systems have been designed to meet the 100 -year storm event.
The driveway area is being controlled with a stone infiltration trench, adjacent to the drive and existing
boulder retaining walls. The driveway will be gravel and will be graded to run towards the leaching trench.
From the Basin, the stormwater flows into a subsurface leaching facility. The driveway will be constructed
to slope towards the grassed swale. All disturbed areas will be seeded with a drought tolerant seed
mixture or landscaped planting beds. The planting beds shall be designed to accept water and not
discharge water.
The roof runoff will be controlled by a subsurface leaching galley. The leaching galley is designed for the
100 year storm.
The remaining rear yard area and patio at the rear of the dwelling is proposed to be controlled by a grassed
swale and a subsurface leaching galley. The swale and the subsurface leaching galley is designed for the
100 year storm and will address the nutrient and TSS Loading requirements.
As shown in the HydroCAD Modeling report, all three of the stormwater systems are designed to collect
and retain all runoff from their contributory areas for the 100 year storm event. Accordingly, the site's
overall peak discharge rate is reduced relative to the Pre -Development discharge rate for the 2, 10, 25
Page 3 of 10
J.C. DONALD - BRONDYK STORMWATER MANAGEMENT REPORT
5 TANGLEWOOD ROAD, BREWSTER, MA MARCH 23, 2023
and 100 year storm events. The table below provides a comparison of the site -wide Pre- to Post -
Development peak discharge rate for each storm event.
Storm Event
Pre -Development Peak
Discharge Rate, cubic feet per
second (ft3/sec)
Post -Development Peak
Discharge Rate, cubic feet per
second (ft3/sec)
2 year
0.00
0.00
10 year
0.00
0.00
25 year
0.00
0.00
100 year
0.10
0.00
For HydroCAD modeling analysis of the stormwater systems, the following methods and assumptions
were used:
• Simple Dynamic
• Rawls Rate of 8.27 in/hr for sands within the subsoil layers for subsurface leaching galleys.
• Rawls Rate of 2.41 in/hr for the loamy sands in the upper soil layers for dry water quality
swales.
• Volume capacity of dry water quality swales excluded from peak discharge and recharge
calculations.
• 1.0' freeboard provided for all swales above catch basin rim elevation.
• Exfiltration has been assumed to occur along wetted surface area of bottom and walls/slopes.
Stormwater Management System Specifications by Contributory Area:
Stormwater System A (Driveway — All Disturbed Areas within L.O.W. Line):
• Runoff from gravel driveway is to be directed via grading and sloped driveway into a stone
leaching trench.
• Landscaped and natural areas within the driveway area. Line will flow directly into the swale.
• Overflow from the swale enters into a subsurface leaching facility consisting of ONE(1):
67'x3'x3' Leaching Trench has been sized to retain 100 year storm runoff of the driveway area.
Any addition stormwater runoff, beyond the driveway, will eventually by collected and
disposal of with the rear swale and leaching facility.
Stormwater System B (Roof Runoff):
• Roof runoff from the proposed dwelling will be connected to the subsurface leaching galley.
Connection shall be made via gutters, downspouts and subsurface piping. All rood ara shall
be collected and pipe to the rear of the dwelling, as shown on Plan. Piping shall be 6 -inch
Diameter H.D.P.E. pipe and pitched at a minimum of 1% slope.
Stormwater System C (Rear portion of Parcel including a future 18'x20' patio):
• The landscape area, including a future 20'X18' patio, in the rear of the dwelling will be graded
and pitched towards the proposed grassed swale. The grasses swale along with the
Page 4 of 10
J.C. DONALD - BRONDYK STORMWATER MANAGEMENT REPORT
5 TANGLEWOOD ROAD, BREWSTER, MA MARCH 23, 2023
subsurface leching galley are design to be the final catchment and disposal area of the parcel.
The grassed swale is taking advantage of the lower topography and will mitigate and potential
off site runoff of stormwater.
• The swale and subsurface leaching galley are also designed for the 1000 -year storm event.
Erosion Control Plan - Temporary Siltation Barrier & Silt Socks:
• The erosion controls shall include a row of staked 9 -inch straw wattles surrounding the down
gradient areas to be disturbed. Refer to Plan Notes for location of the straw wattles.
• Once installed and grade, the outlet from the swale shall be protected from siltation using filter
fabric or straw wattles.
• The erosion controls shall be monitored and corrected during the entire construction phase and
until the site has been stabilized with ground cover and the proposed landscape.
• Contractor shall be required to provide extra siltation controls in case a repair is needed to the
straw wattles and/or catch basin filter fabric.
Operation and maintenance plan is included herewith to address the long-term maintenance of the
stormwater systems.
Page 5 of 10
J.C. DONALD - BRONDYK STORMWATER MANAGEMENT REPORT
5 TANGLEWOOD ROAD, BREWSTER, MA MARCH 23, 2023
Massachusetts Stormwater Management Design Standards:
The following is a description of how the proposed project meets the Massachusetts Stormwater
Handbook design standards.
Standard 1: No new untreated discharges:
This standard is met since there are no new untreated stormwater discharges proposed. See Standards 4-
6 calculations.
Standard 2: Maintain Pre -development peak discharge rate:
This standard has been met. All stormwater management systems are sized such that the post
development peak discharge rate for the development site does not exceed the pre -development
discharge rate for the 2 year -24 hour; 10 year -24 hour; 25 year -24 hour; and 100 year -24 hour storm
events.
As shown in the HydroCAD Modeling report, the site's overall peak discharge rate is reduced relative to
the Pre -Development discharge rate for the 2, 10, 25 and 100 year storm events. The Post -Development
100 -year Storm Peak Discharge Rate relative to Pre -Development conditions has decreased from 0.10 CFS
to 0.00 CFS.
Standard 3: Groundwater Recharge:
This standard is met. The proposed stormwater management systems are sized so that the total recharge
volume provided exceeds the minimum groundwater recharge volume specified in the handbook and the
proposed stormwater recharge galleys will drawdown within 72 hours of a storm event. In accordance
with the MA Stormwater Manual, the required recharge volume factor (F) required across the impervious
area (A) is 0.6 inches per hour for hydraulic soil group A soils. Fine Sand (Rawls Rate: 8.27 inches per hour)
has been used in the sizing of the stormwater recharge galleys. Refer to the HydroCAD Stormwater
Modeling Report in Appendix. The required recharge volume is calculated based on the total pavement
and roof areas on site.
• Required Recharge Volume Rv = F x A = (0.6 in)(1 ft/12 in)(5,060 sf) = 253 cf (Roof & Driveway)
• Recharge Storage Provided (Subsurface leaching facilities) = 657 cf > 253.0 cf
• The drawdown for the subsurface leaching facilities for the driveway/parking system and roof runoff
is 12.3+/- hours < 72 hour maximum allowance.
Standard 4: Water Quality:
This standard has been met. The roof runoff stormwater system will remove 80% of the annual load of
Total Suspended Solids (TSS) via subsurface leaching facilities. The main stormwater system serving the
driveway provides 80% TSS pretreatment removal of driveway runoff, and 94% total removal of
landscaped areas runoff. TSS removal calculation tables for roadway and roof runoff are included in the
Appendix. The Appendix includes two TSS calculation sheets, Driveway and also Rear Landscaped Area.
Phosphorus (P) reductions are estimated based on the pre-treatment dry swale and the stone leaching
facility, using the lowest percentages allowed by each facility, 20% & 40%, respectively, we estimate
Phosphorus removals at 60%. Due to the lot topography and the limited (level) area around the driveway
Page 6 of 10
J.C. DONALD - BRONDYK STORMWATER MANAGEMENT REPORT
5 TANGLEWOOD ROAD, BREWSTER, MA MARCH 23, 2023
area, the phosphorous removal is closer to 40%, given only providing the subsurface trench disposal.
However, the design does include a grassed swale for nutrient uptake at the low point of the parcel. The
majority of phosphorous will be from the landscaped and grassed areas in the rear of the dwelling and
will be address by the proposed to reach the 60% removal with the proposed grassed swale and
subsurface leaching facility.
If the Planning board requires full compliance, we would kindly request a waiver from the nutrient
removal. We believe the site does qualify since there are not wetlands within 1000 feet of the parcel and
the parcel is not in a Zone II.
In accordance with the MA Stormwater Manual, the required water quality depth (Dwq) across the
impervious area (A) is 1.0 inches per hour in areas containing soils with rapid infiltration rate greater than
2.4 in/hr. The required water quality volume is based on the total pavement area on site.
• Required Water Quality Volume Vwq = Dwq x A = (1.0 in)(1 ft/12 in)(3,060 sf) = 255 cf (pavement)
• Water Quality Storage Provided (water quality swales, total) = 2,051 cf > 357 cf
Standard 5: Land uses with higher potential pollutant loads:
This standard has been met. The proposed use is a residential building.
Standard 6: Stormwater discharges within Zone 11 or interim Wellhead protection area of a public water
supply and stormwater discharges near or to any critical area.
This standard has been met. Not Applicable as the site is not in a Zone 2 for a Drinking Water Well. The
1/2 inch Required Water Quality Volume for discharges within a Groundwater Protection area has been
met, see Standard 4 calculations.
Standard 7: Redevelopment:
This standard is not applicable given the new development.
Standard 8: Construction Erosion Control Plan:
The project is subject to the proposed erosion control plan as outlined on the plan. Straw wattles shall be
implemented as required to mitigate erosion of soil.
Standard 9: Long Term Operation and Maintenance Plan:
A long-term O&M plan has been submitted with this report, refer to Appendix. The property owners will
operate and maintain the stormwater systems.
Standard 10: Illicit Discharges:
This standard is met since there are no illicit discharges at this site and no illicit discharges proposed.
Page 7 of 10
J.C. DONALD - BRONDYK STORMWATER MANAGEMENT REPORT
5 TANGLEWOOD ROAD, BREWSTER, MA MARCH 23, 2023
Owner and Responsible Party
The owner and responsible party for Stormwater Pollution Control at 5 Tanglewood Road, Brewster, MA
Owner & Operator:
William & Laura Brondyk
52 Darby Drive
Masfield, MA 02048
Schedule of Inspection and Maintenance of Stormwater Management Systems
1. All stormwater systems require regular attention to ensure the effectiveness of the systems. It is
recommended that the drainage systems be inspected annually by a stormwater operation and
maintenance professional to ensure that the system is properly maintained. Any deterioration
threatening the structural integrity of the system shall immediately be repaired.
2. Gravel areas shall be inspected to remove debris and good housekeeping measures should be
implemented throughout the site in order to keep paved areas, gutters, downspouts, drain lines
and grassed swale clean of debris.
3. All subsurface leaching facilities shall be inspected at least twice a year. Any debris that may clog
the system must be removed.
4. The grassed swales shall be inspected and mowed as needed to prevent excessive growth under
control. Inspect the grass side slopes and bottom for signs of erosion and formation of gullies.
Remove accumulated trash, debris and silt as needed and at time of inspection.
Estimate of annual operation and maintenance budget for common areas = $ 500.00
Long Term Lawn Care & Pollution Prevention Plan
Description of Pollutant Sources:
• Light vehicle traffic — residential development
• Lawn care products
Source Control Best Management Practices
• There shall be no storage of items or materials which will be subject to the weather.
• Good housekeeping measures shall be implemented throughout the site in order to keep the
driveways clean of debris.
• Regularly sweep paved areas to remove debris and any other potential stormwater pollutants.
• The use of winter de-icing sand and salt materials shall be minimized to the maximum extent
practicable.
• Winter de-icing sand and salt materials shall be stored indoors.
• Snow storage shall be on paved surfaces.
• Immediately clean up any spillage on paved areas and dispose of wastes properly.
Page S of 10
J.C. DONALD - BRONDYK STORMWATER MANAGEMENT REPORT
5 TANGLEWOOD ROAD, BREWSTER, MA MARCH 23, 2023
Emergency Spill Cleanup Plan
1. The owner of the facility shall have a designated person with overall responsibility for spill
response cleanup.
2. In the event of a spill the following shall be notified:
A. Brewster Fire Department
(for a gasoline or hazardous material spill)
B. Massachusetts D.E.P. Emergency Response
C. Brewster Health Department
3. Cleanup of spills shall begin immediately.
(508) 896-1708
911
(800) 304-1133
(508) 896-3701 ext. 1120
Page 9 of 10
J.C. DONALD - BRONDYK STORMWATER MANAGEMENT REPORT
5 TANGLEWOOD ROAD, BREWSTER, MA MARCH 23, 2023
O&M Log Form
Condition
Inspector
Initials
Item Inspected
Date
Time
Good
Clean -out
Needed
Repair
Needed
Repaired
Date
O&M Log form records to be maintained by property manager for a minimum of three years
Page 10 of 10
J.C. DONALD- RRONDYK
5 TANGLEWOOD ROAD, BREWSTER, MA
STORMWATER MANAGEMENT REPORT
MARCH 23, 2023
MAJOR STORMWATER MANAGEMENT PERMIT
CASE NO. 2023-11
APPLICANT/OWNER: MICHAEL AND MARY SHARON
PROPERTY: 393 PAINES CREEK ROAD
1
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701 x. 1133
STAFF REPORT
TO: Planning Board
FROM: Jon Idman, Town Planner
RE: Major Stormwater Permit SWMP23-11
393 Paines Creek Road (Map 37 Parcel 6)
Applicant, M/M Sharon c/o JM O’Reilly & Associates, Inc.
DATE: March 31, 2023
______________________________________________________________________________
Recommendation
The stormwater permit application meets the applicable performance standards and submission
requirements set out in the town’s Stormwater Management Regulations for issuance and approval of a
Major Stormwater Permit.
Approval should be granted subject to the continuing obligations set out in said Regulations, including
Sections 5.7, 5.8, 5.9 (Certificates of Compliance), 6.1B (Construction practices), Section 7.2
(Inspections), 8.3 (Recording of stormwater permit and O&M plan) and 8.5 therein.
Major Stormwater Management Permit
This project triggers a Stormwater Permit under Chapter 272 of the Brewster Code (Stormwater
Management Bylaw) and according to Section 4 of the Bylaw’s supporting regulations, a Major
Stormwater Permit is required because the project involves net new impervious surface of 2500 sq ft or
greater.
The underlying project is redevelopment of a single-family residential property, including razing and
replacing the residence and relocating the driveway. The northern portion of the site is proposed to
remain as-is, in its current vegetated state. The property slopes from north to south. Paines Creek Road
abuts the property to the east.
The property is not subject to wetlands jurisdiction and none of the property is located in a special flood
hazard area. The property is not located in a Zone II or the DCPC.
Because the development project, including the stormwater management system, is not located within
wetlands jurisdiction, the Planning Board is the stormwater permitting authority. Major Stormwater
Permits are subject to review at a public meeting, including for any waivers requested. No waivers have
been requested or identified as necessary.
The Applicant has provided the required application materials for a Major Stormwater Permit, including a
site plan and Stormwater Management and Hydrologic Report (revised dated 3/31/23), as set out in
Appendix B of the Stormwater Management Regulations.
Proposed stormwater site plan entitled “Sharon Residence, c/o Jim Hagerty, Reef, Cape Cods
Home Builder, PO Box 186, Dennis, MA 02670, Proposed Site & Sewage Disposal System
Design, 393 Paines Creek Road, Brewster, MA,” prepared by JM O’Reilly & Associates, Inc.,
revised dated 3/31/23 and stamped by John M. O’Reilly, PE, PLS.
Office of:
Planning Board
Planning Dept.
2
The Applicant has provided construction-period BMPs in an erosion and sedimentation control plan
consistent with the performance standards for Major Stormwater Permits set out in Section 6.1B of the
Stormwater Management Regulations. Plan elements include straw wattles, a gravel construction drive,
erosion control blankets as needed and protection of catch basins or other stormwater facility inlets.
The post-construction stormwater management system for the site consists of a 3-chamber, subsurface
leaching facility; deep sump catch basins; and a grass swale.
1. The run-off from the easterly portion of the roof will be directly piped to the leaching chambers.
2. Sheet-flow from the gravel driveway will enter a catch basin and then will be piped to the grass
swale via rip rap. There is a catch basin in the swale that will then convey run-off to the leaching
chambers.
3. Run-off from the westerly portion of the roof will be piped to a catch basin in the western portion
of the site along with other run-off from the westerly portion of the site, and will then be piped to
the leaching chambers.
4. The swale will also pick-up sheet flow from the rear/ south portion of the site, which will then be
conveyed through a catch basin to the leaching chambers.
The Applicant has provided a corresponding Operations and Maintenance Manual. These post-
construction BMPs are consistent with the Major Stormwater Permits performance standards for new
construction set out in Section 6.2B and Section 8.2 of the Stormwater Management Regulations:
The system meets the applicable standards in the Massachusetts Stormwater Handbook for the
development.
The system was designed under post-development conditions to recharge on-site all peak
discharges for the 2, 10, 25 and 100-year storm events.
As designed, post-development runoff rates are reduced to less than the pre-development
conditions including for the 100-year storm.
The O&M plan deals with long term maintenance of all post-construction BMPs such as the
subsurface recharge system and water quality treatment swale.
The system incorporates Low Impact Development-type (LID) stormwater design elements,
specifically a water quality treatment swale.
In addition to the MA handbook stormwater standards, the system meets the TSS and Phosphorus
treatment requirements (TSS) set out in the Regulations for the development.
The system is designed to hold and treat the ‘first flush’ of site stormwater run-off volume for the
100 yr storm.
The Applicant’s soil tests on the property, and NRCS mapping, have revealed appropriate,
draining soils.
The stormwater leaching facilities have sufficient freeboard above the groundwater table.
MAJOR STORMWATER MANAGEMENT PERMIT
CASE NO. 2023-12
APPLICANT/OWNER: CHRISTOPHER AND GILLIAN PLATTS
PROPERTY: 0 RUN HILL ROAD
1
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701 x. 1133
STAFF REPORT
TO: Planning Board
FROM: Jon Idman, Town Planner
RE: Major Stormwater Permit SWMP23-12
Run Hill Road (Map 35 Parcel 32)
Applicant, M/M Platts c/o JM O’Reilly & Associates, Inc.
DATE: March 30, 2023
______________________________________________________________________________
Recommendation
The stormwater permit application meets the applicable performance standards and submission
requirements set out in the town’s Stormwater Management Regulations for issuance and approval of a
Major Stormwater Permit.
Approval should be granted subject to the continuing obligations set out in said Regulations, including
Sections 5.7, 5.8, 5.9 (Certificates of Compliance), 6.1B (Construction practices), Section 7.2
(Inspections), 8.3 (Recording of stormwater permit and O&M plan) and 8.5 therein.
Major Stormwater Management Permit
This project triggers a Stormwater Permit under Chapter 272 of the Brewster Code (Stormwater
Management Bylaw) and according to Section 4 of the Bylaw’s supporting regulations, a Major
Stormwater Permit is required because the project involves net new impervious surface of 2500 sq ft or
greater. The underlying project is development of a previously undeveloped single-family residential
property with a residence and appurtenances.
The southern portion of the property is within wetlands jurisdiction; its frontage along Lower Mill Pond is
within a special flood hazard area. The property is not located in a Zone II or the DCPC. The property
slopes from Run Hill Road towards Lower Mill Pond. The steepest site topography is located within the
wetland buffer portion of the property, which is not proposed to be altered or developed.
However, because the development project, including the stormwater management system or limit of
work, is not located within wetlands jurisdiction, the Planning Board is the stormwater permitting
authority. Major Stormwater Permits are subject to review at a public meeting, including for any waivers
requested. No waivers have been requested or identified as necessary.
The Applicant has provided the required application materials for a Major Stormwater Permit, including a
site plan (revised 3/27/23) and Stormwater Management and Hydrologic Report (dated/ stamped 3/22/23),
as set out in Appendix B of the Stormwater Management Regulations.
Proposed Site Plan entitled “Mr. Christopher Platts, 1 Partridge Lane, Littleton, MA 01460,
Sewage & Stormwater Site Plan, Lot 7, Run Hill Road, Brewster, MA,” prepared by JM O’Reilly
& Associates, Inc., revised dated 3/27/23 and stamped by John M. O’Reilly, PE, PLS.
The Applicant has provided construction-period BMPs in an erosion and sedimentation control plan
consistent with the performance standards for Major Stormwater Permits set out in Section 6.1B of the
Stormwater Management Regulations. Plan elements include straw wattles, a gravel construction drive
Office of:
Planning Board
Planning Dept.
2
and protection of catch basins or other stormwater facility inlets. Special care has been paid to
intercepting run-off and sediment prior to the wetland buffer on-site.
The post-construction stormwater management system for the site consists of three separate stormwater
management subsystems/ catchment areas. Roof run-off will be collected separately from site run-off,
then directed to one of the subsurface leaching facilities for recharge; there is a system for each the front
and rear halves of the proposed residence. Run-off from the gravel driveway will be conveyed by grass
channel. collected from sheet flow, then directed to a grass swale and then to two subsurface leaching
facilities. There is also a natural depression in the northeast portion of the site, proposed to remain
unaltered, which will assist in collecting, infiltrating and treating stormwater. The Applicant has provided
a corresponding Operations and Maintenance Manual. These post-construction BMPs are consistent with
the Major Stormwater Permits performance standards for new construction set out in Section 6.2B and
Section 8.2 of the Stormwater Management Regulations:
The system meets the applicable standards in the Massachusetts Stormwater Handbook for new
development.
The system was designed under post-development conditions to recharge on-site all peak
discharges for the 2, 10, 25 and 100-year storm events.
As designed, post-development runoff rates are reduced to less than the pre-development
conditions including for the 100-year storm.
The O&M plan deals with long term maintenance of all post-construction BMPs such as the
subsurface recharge system and water quality treatment swale.
The system incorporates Low Impact Development-type (LID) stormwater design elements,
specifically a water quality treatment swale.
In addition to the MA handbook stormwater standards, the system meets the TSS and Phosphorus
treatment requirements (TSS) set out in the Regulations for new development.
The system is designed to hold and treat the ‘first flush’ of stormwater volume for the 100 yr
storm.
The Applicant’s soil tests on the property, and NRCS mapping, have revealed sandy and well-
draining soils.
There is significant separation from stormwater facilities and the groundwater table.
There is a particular oak tree proposed to be removed on or along the eastern property line, as
depicted on the site plan. The planning department has correspondence in which the easterly
neighbor has consented to this removal. The applicant maintains that its removal is necessary to
facilitate the proposed roof mounted solar energy system on locus.
SITE PLAN REVIEW CASE NO. 2022-09
APPLICANT/OWNER: REMINGTON’S TRUST,
PETER LOMENZO AND KERRY BARTON, TRUSTEES
PROPERTY: 61-63 A.P. NEWCOMB ROAD
1
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701 x.1133
brewplan@brewster-ma.gov
STAFF REPORT
TO: Planning Board
FROM: Jon Idman, Town Planner
RE: Case No. PB2022-09, Site Plan Review
Remington’s Trust, 61 & 63 A.P. Newcomb Rd. (Map 25 Parcel 75)
DATE: April 5, 2023
_____________________________________________________________________________________
RECOMMENDATION
The proposed site plan meets the purpose and applicable standards set out in Zoning Bylaw Article XII.
The Planning Board might consider requesting the Applicant to provide a bike rack on-site.
SUMMARY & BACKGROUND
Applicant/ Owner has applied for site plan review (Zoning Bylaw Section 179-63 et seq) to operate a 3-
unit B&B, a new commercial use, in an existing outbuilding on the 3.88 acre +/- premises. The property
also contains an existing single-family dwelling where the Applicant/ Owner will live and operate the
B&B. The project also involves accessory uses, structures, and improvements such as an in-ground pool
and parking. Except for interior fit-out and a proposed set of exterior stairs/ deck to its rear, the existing
outbuilding will be used for the B&B substantially ‘as is.’
The B&B use is allowed by special permit in the subject RM residential zoning district, the application
for which has been filed with the ZBA. The minimum lot size in the RM district is 60,000 sq ft. No
specific zoning overlay districts apply to the property.
The Applicant completed “Staff Review” per Brewster Code Chapter 83: a copy of that report is included
in the Planning Board’s materials.
DISCUSSION
Site Plan Review Standards/ Zoning Bylaw Section 179-66
Transportation
The project is not expected to degrade roadway level of service or result in substantial trip generation
requiring further analysis or mitigation. Sight lines are maintained by the Town for A.P. Newcomb Road,
which is a town way.
Access
The property has a single existing curbcut/ driveway from A.P. Newcomb Road; no new or additional
access is proposed. Based on prior comments from the Fire Department, the Applicant has proposed to
widen the driveway and add a turnaround adjacent to the site parking area, which are depicted on the
proposed site plan. New stormwater facilities are proposed to manage run-off from these proposed new
impervious surface areas that will not otherwise infiltrate naturally on the large site.
Parking
The parking appears sufficient to serve the site and proposed use. The number of spaces proposed is
consistent with the parking policy for a single-family residence and 3-unit B&B: 5 spaces are called for
Office of:
Planning Board
Planning Dept.
2
under the policy; 8 spaces, including one handicapped space, are proposed. The proposed parking spaces
meet setback and minimum size standards in Article VII of the zoning bylaw.
The proposed parking is located within existing paved or gravel areas on-site, though a new gravel turn-
around is proposed to the rear of the proposed B&B building per Fire Department recommendations.
This parking is not located in the front of the property along the roadway. A dumpster is located to the
rear of the B&B building, contiguous with the new parking area, and appears to be accessible for service.
The Planning Board might consider requesting the Applicant to provide a bike rack on-site.
Landscaping, Design and Appearance
The Applicant has provided a landscape plan which appears to provide functional screening and buffering
as appropriate to the project. Plant selections do not include any invasives. There is substantial natural
vegetation on-site, particularly around the perimeter of the site and front road buffer, and substantial tree
clearing is not proposed. The proposed site design limits increases in paved surfaces.
The subject building proposed to be used for the B&B will remain in substantially its existing exterior
configuration and design. The property is located in Brewster’s Old King’s Highway District. The
Applicant has obtained HDC certificates of exemption for all proposed improvements, on the basis that
the improvements are not visible from a way or public place. The existing structures have the benefit of
various HDC certificates.
Environmental Protection and Erosion Control
The Applicant has provided a Stormwater Report and associated site plan, identifying proposed erosion
control and post-construction BMPs. Run-off will be contained on-site and proposed peak discharge does
not exceed existing conditions.
In addition to addressing the stormwater and erosion control standards under site plan review, the project,
proposing a net increase of ‘impervious surface’ greater than 500 sq ft but less than 2,500 sq ft, required a
minor stormwater permit under the Town’s Stormwater Management Bylaw (Brewster Code Chapter
272) and its attendant regulations, which permit was reviewed and issued administratively by staff per the
regulations (a copy of the permit is included in the Planning Board’s materials).
Plants and Animals
The property is mapped rare species habitat under MESA. Proposed development is within previously
developed or disturbed portions of the site and no substantial tree clearing is proposed. The Applicant has
provided correspondence to the Planning Board by and between the Applicant and the Commonwealth’s
NHESP office suggesting that the proposal is not subject to the Massachusetts Endangered Species Act
and Regulations.
Lighting
Bollards are proposed in the pool area and sconces are proposed on the entrance facades of the B&B
building. Lighting fixture cut sheets and specifications have been provided, and the lighting locations
have been noted on the proposed building elevation and site plans. All proposed lighting is shielded and
cut-off to vertical.
Noise
The project is not expected to generate significant exterior noise levels inconsistent with surrounding use
and development or with the RM zoning district.
Application#2022-09 www.brewster-ma.gov Page 1 of 2
4/7/2023
DEPARTMENT REVIEWS
Site Plan Review Case #2022-09
APPLICANT/OWNER: Remington’s Trust, Peter Lomenzo and Kerry Barton, Trustees
REPRESENTATIVE: Attorney Marian Rose, Law Office of Singer & Singer, LLC
MAP/PARCEL: Map 25, Parcel 75
PROPERTY ADDRESS: 61-63 A. P. Newcomb Road
Received from:
Building Department Comments received from Davis Walters, Building Commissioner
The Building Department has no comments regarding Site Plan Review of this project at this time.
Conservation Com. Comments received from William Grafton, Conservation Administrator
Please see attached emails from Bill Grafton, Conservation Administrator, dated December 6, 2022
and April 7, 2023.
Fire Dept. Comments received from Chief Robert Moran
1. Driveway to be no less than 14’ wide x 14’ height consisting of surface capable of supporting
fire and EMS vehicles.
2. Renovations/additions shall meet all Massachusetts Comprehensive Fire Safety Code
Regulations.
3. A turn around/T turn shall be installed in driveway to allow for FD apparatus turn around.
4. Per use change/occupancy, sprinkler system may be required.
5. If sprinklers are required, the FD shall approve the location of the fire department connection.
6. A fire department knox box key vault shall be installed at location determined by fire
department.
Health Dept. Comments received from Sherrie McCullough, Assistant Health Director
The health department file indicates an existing four-bedroom dwelling on a 168,888-sf lot. The
dwelling is serviced by a 1999 Title 5 septic system designed for a maximum of 440 gpd of flow. A
current Title 5 Septic Inspection Report is on file dated 11/19/2022.The property is serviced by well
water. Well test results are on file dated 3/21/2022.
The proposed Bed & Breakfast will operate out of an existing barn on the property. The health
department has no record of this structure on file. The converted barn will need a new septic system as
the existing system on the property is at maximum capacity. Soil testing has been conducted but to
date this office has not received septic plans for review.
No food service permit from the Board of Health will be required if the number of guest rooms does not
exceed six. Per Massachusetts State Food Code requirements, the consumer must be informed by
statements contained in published advertisements, mailed brochures, and placards posted at the
registration area that the food is prepared in a kitchen that is not regulated and inspected by the board
of health.
Full review of the proposal will be required by the Health Department prior to final approval.
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
Application#2022-09 www.brewster-ma.gov Page 2 of 2
4/7/2023
Police Dept. Comments received from Lt. Charles Mawn
The Police Department has no comments on this application.
Water Dept. Comments received from Paul Anderson, Superintendent
If the water service needs to be marked out, the Applicant needs to contact the Water Department
directly as we are not covered by Dig Safe.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
REPORT
TO: Applicant, Remington’s Trust, Peter Lomenzo, Trustee
FROM: Jon Idman, Town Planner
Davis Walters, Building Commissioner
RE: Staff Review, Brewster Code Chapter 83, Section 4(D)
Case No. 22-5, Proposed B&B in Existing ‘Barn’ Building
61 A.P. Newcomb Road (Map 25 Parcel 75)
DATE: November 9, 2022
The following are local permits, licenses, reviews and approvals that will be required for the proposal:
o Stormwater Permit
o Certificate of Appropriateness- Old King’s Highway Historic District Committee
o Site Plan Review- Planning Board (Public Meeting)
o Use Special Permit- Bed & Breakfast- Zoning Board of Appeals (Public Hearing)
o Building Permit
o Septic (Disposal Works Construction) Permit- a new, separate septic system is proposed for
the B&B
o Confirm with the Health Dept. about whether food services or the pool require local health
permit/s.
Note, that under Brewster zoning, the B&B owner/ operator must live on-site.
The Planning Department has received special permit and site plan review applications for the
project.
o Other departmental comments (DPW, Police, Fire, as applicable) will be provided in the
normal course of site plan and special permit review
o Narratives were not included but should be provided to address the relevant standards and
criteria from the Zoning Bylaw;
o The submitted site plan should be revised to correct the applicable zoning setbacks; to include
an impervious surface calculation (as that term is defined in the town’s stormwater
management bylaw); and to clarify existing vs. proposed conditions.
o You might consider having prepared and submitting a dedicated existing conditions site plan
(case in point, the gravel parking is noted as ‘proposed’ on the submitted site plan, but I
understand it might already exist. This bears on the ‘impervious surface’ calculation
discussed above).
o If net new impervious surface exceeds 2500 sq ft, a ‘major’ stormwater permit is required (a
minor permit is available for net increases 500-2500 sq ft, which are reviewed and issued by
staff). The Planning Board would be the permitting authority for a major stormwater permit
and, in such case, major stormwater review should be consolidated with the site plan review.
o No stormwater permit application has yet been submitted.
In any event, either a ‘minor’ stormwater permit application should be submitted, and
the permit obtained prior to site plan approval and copied to the Planning Board, or a
major permit application should be submitted and reviewed by the Planning Board
simultaneous with the site plan review request. Stormwater management is equally a
site plan review consideration.
Office of:
Planning Board
Planning Dept.
1
Law Office of Singer & Singer, LLC
26 Upper County Road
P. O. Box 67
Dennisport, Massachusetts 02639
Andrew L. Singer Tel: (508) 398-2221
Marian S. Rose Fax: (508) 398-1568
_____ www.singer-law.com
Myer R. Singer (1938-2020)
61-63 A.P. Newcomb Road Site Plan Special Permit Application
No. 2022-09 SPR
REVISED SUMMARY OF REASONING
Planning Board Site Plan Review
hearing continued to April 12, 2023
Peter Lomenzo and Kerry Barton, Trustees of Remington’s Trust [“Applicant”] are the
owners of a property located at 61-63 A.P. Newcomb Road in Brewster [“Property”]. The Property,
which exceeds the minimum lot area required in RM district (168,886 square feet existing where
60,000 square feet is required) has been developed for single-family use and is improved with a
single-family dwelling and a large auxiliary building (hereinafter, the “Barn”). For clarification, the
Barn is not a “barn” as defined by the Brewster Zoning By-Law as it does not house animals, but
rather, is currently used for storage in support of the primary dwelling. The Applicant has applied
both with the Brewster Zoning Board of Appeals to change the Barn’s use from accessory to the
primary dwelling to a Bed and Breakfast use as allowed by special permit in the RM Zoning District,
and for Site Plan Approval before this Board because the Bed & Breakfast use is considered to be a
commercial use requiring Site Plan Review.
The Property is conforming as to lot area and frontage and the primary structure is
conforming to all setbacks. The Barn is located to the rear and west of the primary structure and is
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conforming to all setbacks save the west-side setback (23.3 feet existing and 25 feet required). Given
that the Barn was built over 10 years ago, the structure, as placed, is grandfathered. Existing lot
coverage is a conforming 2.4 % where 15% is allowed. The heights of all existing buildings are
conforming.
The Applicant’s proposed project centers on renovating the interior of the Barn, which is
largely unfinished at present, into a three-unit (three total bedrooms) Bed and Breakfast use.
Specifically, the first floor will hold an ADA accessible one-bedroom unit with private bath, a
powder room, great room and open kitchen used by the Applicant to prepare breakfast for the guests.
The second floor will contain two one-bedroom units, each with separate baths, accessible by an
existing interior stair to the front of the Barn and an existing exterior stair to its rear. Other
improvements include the construction of a pool and pool house, walkways and conforming parking
(5 spaces required, 7 conforming spaces provided including one handicap space). Lot coverage as
proposed will increase minimally from 2.4% to 2.5 % (120 square feet). No new nonconformities
will be created nor will the sole existing nonconformity, the west -side buffer be increased.
In response to Site Plan Staff Review comments, the Applicant amended its original plan to
widen the paved portion of the driveway from 10 feet to 14 feet and to provide a fire truck
turnaround at the end of the driveway to improve emergency vehicle’s access to the Property. The
sitework as proposed is primarily located on existing impervious graveled or otherwise hardened
area. The net increase in impervious coverage as defined by the Brewster Stormwater By -Law was
determined to be less than 2,500 square feet (1,880 square feet of increased impervious coverage
proposed). The Brewster Town Planner has approved a Stormwater Permit-minor, confirming that
the work to be done as proposed meets the standards of the Brewster Stormwater By-Law and the
requirements of Site Plan Review as it relates to stormwater run-off.
3
The Property is wholly within a designated priority species area under the Massachusetts
Endangered Species Act (“MESA”). The Applicant worked with MESA staff to secure a
determination that the work proposed was covered under one or more exemptions under the Act.
The Property is within the Old Kings Highway Regional Historic District. A certificate of
exemption for the proposed pool area and pool house to the east of the Barn and behind the primary
structure was granted to the Applicants earlier this year after a finding that the work will not be
visible in any way from a public area. The Applicant secured an additional certificate of exemption
for the exterior work to be done on the Barn and the surrounding property. (Application E-22-58).
The Applicant notes that an earlier certificate of exemption was granted for the Barn (as it exists
today) to the prior owner with an identical finding that the barn was not visible from public areas.
(Application E-22-7).
The Applicant respectfully submits that the proposal meets the intent, purposes, and
standards set forth in the site plan review provisions of the Zoning By-Law. The site is suitable for
the proposed Bed and Breakfast use of the existing Barn and will not be detrimental or injurious to
the neighborhood, the Town or the public because:
1. The existing Barn’s footprint will remain unchanged with the exception of the rear -
facing second floor deck/landing as proposed. There will be no increase in
nonconformities or creation of new non-conformities in terms of height, lot coverage,
front, side, and rear yard setback requirements of the Zoning By-Law;
2. The Barn is well screened from neighbors with mature trees flanking the entire dri ve
and nearby property line. The entire site will be landscaped as shown on the
proposed condition landscape plan;
3. No disturbance to the neighborhood by reason of noise is anticipated given that the
maximum number of guests anticipated would be six; and the pool is screened from
the closest neighbor by the Barn structure itself, and significant mature plantings both
4
on the neighbor and Applicant’s properties; all activities for guests are facing the
interior-facing and construction duration and scope should be less that otherwise
anticipated given the re-use of the Barn rather than new construction;
4. Parking is more than adequate for the proposed use. (5 spaces required; 7 proposed);
5. The proposed project has been carefully designed so as to avoid any negative
impacts to the character of the neighborhood by re-using an existing structure,
minimizing exterior construction activity, the placement of proposed new work and
landscaping and screening;
6. The number of units and bedrooms to be rented are modest (3 one-bedroom units
only) and the number of guests proposed should not overtax the Property which is
over three times the minimum size required in the RM Zoning District;
7. There are no wetlands on the site and no wetlands resource buffer areas on site. The
addition of bathrooms in the Barn will be reviewed by the Brewster Board of Health
and the proposed renovation will meet all Board of Health requirements in terms of
Title V septic, pool maintenance and use. As a result, no adverse impact on ponds,
wetlands, marine waters, public or private drinking water supply wells and potential
water supply wells is anticipated. In addition, the proposal will not result in the
degradation of groundwater quality or coastal water quality off site, and there will be
no negative ecological impacts to surface waters;
8. The project has been reviewed for compliance with the Brewster Stormwater By-Law
and has been granted a permit based on the adequacy of the actions proposed;
9. The Property is located in the Old King’s Highway Regional Historic District and all
work proposed has been reviewed and ruled exempt by the Committee;
10. Materials have been provided detailing the dark-sky-compliant lighting specifications
of the proposed exterior lights on the Barn and surrounding the pool deck;
5
11. As shown on the revised Site Plan, the hammer turnaround has been reviewed and
approved by the Fire Department and determined to be adequate; the paved portion of
the driveway will be increased to a 14 foot width at the Fire Chief’s direction for
improved public safety vehicle access;
12. The proposed re-use will not degrade the existing levels of service of surrounding
roads and intersections;
13. There will be no impact to the curb cut of the one existing driveway with A.P.
Newcomb Road;
14. The Property has adequate utilities and public services; and
15. The Applicant believes that because all work is to be done on disturbed areas, that
the proposed work will have minimal or no impacts on wildlife, and no endangered
plant or animal species will be harmed and has secured a determination of
exemption from the Act by MESA staff for the proposed scope of work.
For the above reasons, the Applicant respectfully requests that the Board make findings that
the criteria for a site plan review are met and grant approval allowing the proposal to be
completed as submitted.
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THE SOLE PROPERTY OF
THE PLANS SHOWN ARE
NOTE:
EXPRESS WRITTEN
ALTERED WITHOUT THE
THE SOLE PROPERTY OF
THE PLANS SHOWN ARE
REPRODUCED AND/OR
NOT BE COPIED,
THE DESIGNER AND CAN
CONSENT OF THE
DESIGNER
C BY THOMAS A. MOORE DESIGN CO.COPYRIGHT 2023
64'-4"±
24
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VESTIBULE
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NOT FOR CONSTRUCTION)(PROGRESS PRINT05101520
RAMP DN.
VERIFY LENGTH IN FIELD
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8'-4"±12'-3"10'-0"3'-2"11'-10"3'-2"7'-0"3'-2"5'-5"±
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CONTRACTOR IS TO VERIFY EXISTING CONDITIONS AND
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WALLS, & ROOFING AS REQUIRED FOR NEW CONSTRUCTION.
CONTRACTOR TO REMOVE EXISTING DOORS, WINDOWS,
ALL NEW CONSTRUCTION TO MATCH EXISTING IN MATERIAL,
ANY DISCREPANCIES, ERRORS AND/OR OMISSIONS IN THE NOTES,
DIMENSIONS, AND/OR DRAWINGS CONTAINED ON THESE DOCUMENTS
SHALL BE BROUGHT TO THE ATTENTION OF THE DESIGNER PRIOR TO
COMMENCEMENT OF CONSTRUCTION. PROCEEDING WITH CONSTRUCTION
ERRORS AND/OR OMISSIONS BECOME THE RESPONSIBILITY OF THE
CONSTITUTES ACCEPTANCE OF THESE DOCUMENTS AND ANY DISCREPANCIES,
ALL WORK SHALL CONFORM TO THE MASSACHUSETTS
STATE BUILDING CODE (LATEST EDITION) AND ALL OTHER
BUILDING CONTRACTOR.
GENERAL NOTES:
APPLICABLE LOCAL CODES
DETAIL, AND FINISH.
5.)
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NEW/EXISTING SMOKE/CARBON MONOXIDE DETECTORS
WINDOW SCHEDULE
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ROUGH OPENING
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MANUFACTURER PRIOR TO ORDERING OF WINDOWS.
WINDOWS WITH OWNER AND ROUGH OPENINGS WITH WINDOW
NOTE #1: CONTRACTOR TO VERIFY ALL QUANTITIES AND SIZES OF NEW
#2: V.I.F. = VERIFY IN FIELD
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THE PLANS SHOWN ARE
NOTE:
EXPRESS WRITTEN
ALTERED WITHOUT THE
THE SOLE PROPERTY OF
THE PLANS SHOWN ARE
REPRODUCED AND/OR
NOT BE COPIED,
THE DESIGNER AND CAN
CONSENT OF THE
DESIGNER
C BY THOMAS A. MOORE DESIGN CO.COPYRIGHT 2023
64'-4"±
24
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±
48'-3"±16'-1"±
4'
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NEW
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EXISTING WALL CONSTRUCTION TO BE REMOVED
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NEW/EXISTING SMOKE/CARBON MONOXIDE DETECTORS
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2'6" x 6'8"3'0" x 6'8"
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2'
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9'-
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10
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6'
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9'-2"9'-10"±
5'-11"±11'-2"
6'
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6
"
A4
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A4
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A4
B
A4
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61 APSeptember 27, 2022 Brewster Ma
Ch
r
i
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M
01A
61 APSeptember 27, 2022 Brewster Ma
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02A
61 APSeptember 27, 2022 Brewster Ma
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03A
61 APSeptember 27, 2022 Brewster Ma
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61 APSeptember 27, 2022 Brewster Ma
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48'-0"
24
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6'-0"
3'-0"
11'-2"
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4'-
9
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11'-2"11'-2"
4'-
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3'-
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4'-0"5'-
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8'-4 3/4"8'-4 3/4"
17'-1 1/2"7'-
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8
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6'-
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61 APSeptember 27, 2022 Brewster Ma
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3'-0"
7'-
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8'-9"6'-3"
20'-0"
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1
Jonathon Idman
From:msrose@singer-law.com
Sent:Tuesday, March 14, 2023 11:32 AM
To:Jonathon Idman; Lynn St. Cyr
Subject:P. Lomenzo, 61 AP Newcomb
Attachments:3.13.2023 MESA Exemption confirmtion letter from E. Holt.docx
Dear Jon,
A ached is a le er from E. Holt, from Mass Wildlife, confirming that the Lomenzo’s project as presented meets
exemp ons (4), (5) and (8) of the Ma Endangered Wildlife Act. You voiced concerns earlier regarding exemp ons (4) and
(5) as they are related to single family dwellings and the project proposed has a commercial aspect as defined under the
Brewster Zoning By-Laws. Sec on (8) does apply to commercial projects – and in par cular- ac ons taken by a property
owner in rela on to stormwater treatment – which meets the descrip on of what is being performed here.
I have personally sent Ms. Holt the revised exis ng and proposed condi on site plans which are on file with the Town of
Brewster (and will be supplemented showing the proposed deck altera on which would have no effect on the MESA
determina on) and can confirm that the revised exis ng and proposed condi on plans Ms. Holt refers to when
reviewing plans in her email are the revised plans on file with the Town.
I would very much appreciate your determina on that Ms. Holt’s email regarding exemp ons either meets the
requirements of the Brewster Planning Board re MESA or that you let me know if you have any con nued concerns.
Thank you.
Marian
------------------------------------------------
Marian S. Rose
Associate Attorney
Law Office of Singer & Singer, LLC
26 Upper County Road
P.O. Box 67
Dennisport, MA 02639
(508) 398-2221 (tel)
(508) 398-1568 (fax)
www.singer-law.com
Confidentiality Notice: This electronic transmission and the information contained herein is being transmitted to and is intended for
the use of the individuals to whom it is addressed. If the reader of this message is not the intended recipient, you are here by advised
that any dissemination, distribution or copy of this transmission is strictly prohibited. This transmission may also constitute an
attorney-client communication that is privileged at law. If you have received this transmission in error, please immediately notify th e
sender by return e-mail or telephone (508) 398-2221 and delete the transmission in its entirety.
EXEMPTION CONFIRMATION FROM STATE UNDER (4),(5), AND (8).
On Mon, Mar 13, 2023 at 5:00 PM Holt, Emily (FWE) <emily.holt@state.ma.us> wrote:
Peter,
Based on a review of the information that was provided, and provided there is no expansion of
existing paved, lawn and landscaped areas, this project, as currently proposed, will not
adversely affect the actual Resource Area Habitat of state-protected rare wildlife species (WPA,
310 CMR 10.59) and appears to be exempt from the MESA review pursuant to 321 CMR 10.14
which states: “[t]he following Projects and Activities shall be exempt from the requirements of
321 CMR 10.18 through 10.23…”
(4) the maintenance, repair, or replacement, or additions, including the construction of a
driveway for an existing single family or two family home within existing paved and lawfully
developed and maintained lawns or landscaped areas, provided there is no expansion of such
existing paved, lawn and landscaped areas;
(5) construction or removal of structures that are secondary to the primary residence and
located within existing paved areas and lawfully developed and maintained lawns or
landscaped areas on residential properties, provided there is no expansion of such existing
paved, lawn and landscaped areas;
(8) construction of new stormwater management systems that are designed to improve
stormwater management at previously developed sites, provided that the plans for the system
are submitted to the Division for prior review, and the Division makes a written determination
that such systems will not have an adverse impact on state-listed species or their habitats”
Best,
Emily Holt
Endangered Species Review Assistant
Natural Heritage & Endangered Species Program
Massachusetts Division of Fisheries & Wildlife
1 Rabbit Hill Road, Westborough, MA 01581
p: (508) 389-6385 | f: (508) 389-7890
mass.gov/nhesp
MACINNES CONSULTING, LLC
PO Box 1182, East Sandwich, MA 02537
(508) 274-2091
shawn@macinnesconsulting.com
February 28, 2023
Peter T. Lomenzo, Jr.
Gibson Sotheby's International Realty
563 Route 6A
Dennis Village, MA 02638
RE: Brewster Minor Stormwater Permit
61 & 63 A.P. Newcomb Road
Brewster, MA
Dear Mr. Lorenzo,
In reference to the Town of Brewster Minor Stormwater Permit application dated
February 23, 2023, and in accordance with the proposed and existing impervious
coverage specified on the site plans, the proposed post development conditions will not
exceed the pre-development peak stormwater discharge in terms of peak rate.
If you have any questions or require additional information, please feel free to contact
me any time. If you would like to proceed, please sign two copies and return one copy
back to me.
Sincerely,
Shawn MacInnes, P.E.
REVISED PLANNING BOARD APPLICATION FORMS
STORMWATER MANAGEMENT BY THE NUMBERS
DRAFT MEETING MINUTES DATED MARCH 8, 2023
PB Minutes 03/08/23 Page 1 of 4
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
BREWSTER PLANNING BOARD
MEETING MINUTES
Wednesday, March 8, 2023 at 6:30 pm
Brewster Town Office Building
Chair Madalyn Hillis-Dineen convened a meeting of the Planning Board at 6:31 pm with the following members participating:
Amanda Bebrin, Charlotte Degen, Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Also participating: Jon
Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Hillis-Dineen declared that a quorum of the Planning
Board was present. She read the Meeting Participation Statement and Recording Statement.
6:34 PM CITIZEN’S FORUM
No citizen comments.
6:35 PM PUBLIC MEETING
Approval Not Required, Case No. 2023-03: Applicant/Owner: 178 Bonnie Doone Cartway, LLC through its
representative John M. O’Reilly, P.E., P.L.S. of J.M. O’Reilly & Associates, Inc., seeks endorsement of an Approval Not
Required Plan for property located at 178 Bonnie Doone Cartway and shown on Tax Map 102, Parcel 13, within the
Residential Medium Density (R-M) Zoning District. The plan is pursuant to MGL c. 41 §81L and §81P and §290-4 of the
Brewster Subdivision Rules and Regulations.
Documents:
01/30/23 Approval Not Required Plan
02/16/23 Approval Not Required Application
02/22/23 Memorandum from Jon Idman
03/06/23 Memorandum from the Ten Lots Association, Inc. Board of Directors with referenced ZBA decisions
Attorney Ben Zehnder was present on behalf of the Applicant 178 Bonnie Doone Cartway, LLC. The Applicant attended
remotely. Zehnder stated that the property includes 4 dwellings and the purpose of the ANR application is to create 2
zoning compliant lots. Each lot meets the upland requirements to have 2 dwellings. Each lot meets the frontage
requirement of 150’.
Bebrin asked Idman if the Planning Board needs to act on the memorandum submitted by the Ten Lots Association.
Idman responded that an ANR is administrative and the Planning Board’s review should consider whether the lots meet
the required frontage. Idman noted that the memorandum argues that because there is a condition in the Zoning Board
of Appeals (ZBA) decision allowing only 1 driveway to the property, it could mean the southerly lot does not have the
necessary frontage. Idman stated that he believes that physical/legal access to the property still exists with the zoning
condition. The appropriate remedy to deal with zoning issues is through the Building Commissioner or possibly the
Zoning Board of Appeals.
Michaels noted that the authors of the memorandum seemed to be indicating that the ZBA decision does not allow for 2
driveways on this property. Idman responded that he believed the memorandum was asking if the ZBA decision created
a legal impediment to accessing the land and he does not believe there is such an impediment. Michaels also stated
that if a road was constructed it may have to be built through a wetland and asked if that is something the Planning
Approved:
Vote:
PB Minutes 03/08/23 Page 2 of 4
Board should consider. Idman stated that there is case law that states that if an area is impassable, you may choose not
to endorse an ANR plan, but he does not believe those circumstances exist here.
Idman stated that he did speak with Mr. Wilson, who authored the memorandum, to discuss the issues raised. Mr.
Wilson may have valid issues but the forum for those issues is not during the review of the ANR application.
Hillis-Dineen announced that the memorandum from the Ten Lots Association referenced during the meeting is
available for review as part of the supplemental meeting packet on the Town’s website.
Motion by Degen to Endorse Approval Not Required, Case No. 2023-03. Second by Bebrin. Vote: 7-0-0.
6:47 PM PUBLIC MEETING CONTINUED
Case No. 2023-04: Applicant/Owner: Town of Brewster through its representative Griffin Ryder, Director of the
Department of Public Works, requests certain modifications to requirements under Brewster Zoning Bylaw Chapter 179-
23 related to proposed parking for the community pool located at 3057 Main Street, “The Bay Property”, and shown on
Tax Map 101, Parcel 45 within the Residential Medium Density (R-M) Zoning District.
Documents:
02/28/23 Memorandum from Griffin Ryder
02/28/23 Conceptual Temporary Parking Layout
02/28/23 Impervious Area Calculations
02/28/23 Stormwater Calculations
Griffin Ryder, Director of the Department of Public Works (DPW), was present. Ryder reviewed the proposal for
temporary pool parking at the Bay Parcel. Ryder stated that there are no required permits needed from the Planning
Board for this project which includes constructing 2 temporary parking areas within the confines of tennis courts near
the pool and arts center. Ryder is requesting minor relief from 2 dimensional requirements in the zoning bylaw to
construct the parking areas in a way that minimizes work, maximizes parking, and creates the most appropriate
circulation and parking space size. Ryder requested relief from the required width of a drive aisle which is 24’. He
further stated that the zoning bylaw is silent on whether the 24’ drive aisle is proposed for 1- or 2-way traffic. The Bay
Parcel parking project is designed for 1- way traffic. He is requesting the Planning Board allow a 22’ drive aisle. Ryder
stated that he is also requesting to reduce the length of the parking spaces along the perimeter of the parking lot to 18’
from 20’. The 10’ width for parking spaces will be maintained. There will be curb stops for the perimeter parking
spaces.
Ryder further stated that this project does not require staff review but as a matter of course the DPW will be working
with the Police and Fire Departments on this project. If the Planning Board approves the dimensional relief requested, a
turning movement diagram will be provided to the Fire Department for review. Ryder noted that in addition to the 32
parking spaces proposed on the tennis courts, there are 4 accessible parking spaces near the pool. Those spaces are
currently compacted gravel and will be paved and have appropriate striping that leads to the sidewalk to the pool. It is
possible that the 32 spaces will be reduced to 31 spaces to provide striping for a drop off area close to the pool. An
entrance and exit drive will be created which will add additional impervious area. Additionally, a short section of the
roadway will be widened to allow for 2-way traffic. Although impervious area will be added with this project,
impervious areas around Building 30 have been removed. There is more impervious area being removed than added
and the land disturbance does not meet the threshold to require a stormwater permit. A vegetated stormwater swale is
proposed to provide extra treatment for stormwater and extra volume for storm events.
Michaels asked whether a 22’ drive aisle will be sufficient to handle bikes and cars. Ryder responded that speed bumps
and narrow roads help control speed so he does not think there will be a problem with bike safety, but they will watch
the situation to see how it works. Last year, there were several bikers going to the beach and there were no issues with
sharing the road.
PB Minutes 03/08/23 Page 3 of 4
Bebrin stated that she is a member of the Bay Parcel Planning Committee and she reached out to the state Ethics
Commission about her roles on two boards/committees. She was told that representing the Town’s best interests on
both does not pose a conflict of interest. She believes she can handle review of this request fairly and impartially.
Bebrin stated that this is a temporary parking area. An appropriation was made at Fall Town Meeting for a permanent
parking area but on the advice of their consultant the Town has decided to proceed with the temporary parking plan.
She noted that at this time the Town is unsure of what the demand for the pool will be so any relief granted is
temporary and there will be further planning for permanent parking. Bebrin further noted that the Bay Parcel Planning
Committee requested 1-way circulation in the parking lot for separation between cars and people going to the pool.
Motion by Degen to Approve Requested Modifications to Parking Space Length and Drive Aisle Width for Case No.
2023-04. Second by Taylor. Vote: 7-0-0.
7:02 PM PUBLIC MEETING CONTINUED
Major Stormwater Management Permit, Case No. 2023-05: Applicant/Owner: Michael and Corrine Denucci through
their representative John M. O’Reilly, P.E., P.L.S. and Matt Farrell, EIT of J.M. O’Reilly & Associates, Inc., has submitted a
major stormwater permit application for property located at 0 Blueberry Pond Drive and shown on Tax Map 89, Parcel
38, pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations.
Documents:
02/14/23 Stormwater Management Report and Operations & Maintenance Manual with HydroCAD Report
02/22/23 Stormwater Management Permit Application including 02/14/23 Watershed Sketch Plan, 02/14/23
Site & Sewage Disposal Plan, and 02/17/23 Existing Conditions Plan
02/28/23 Staff Report
Matt Farrell, EIT of J.M. O’Reilly & Associates, Inc., was present on behalf of the Applicant Michael and Corrine Denucci.
Farrell stated that the subject property is a vacant lot of 46,549 SF. The Applicant proposes a single-family dwelling with
4 bedrooms, driveways, and grading. There are 2 drainage systems which were designed using best management
practices under the MA Stormwater Handbook and Brewster stormwater regulations. One system was designed to
handle the front yard and driveway areas and the other will handle the rear yard and roof runoff from the dwelling. The
systems were designed to meet a 100-year storm event. The TSS (93%) and phosphorus (60%) removal requirements
are being met.
Bebrin stated that she visited the site and noted the steep pitch in the back yard. She stated that the vegetated swale
will be useful. Michaels asked for clarification as to the location of the 2 catch basins on Blueberry Pond Drive. There is
a catch basin in the front yard and one across the street from the property. Farrell stated that there will be wattles
surrounding the catch basins during construction. Degen noted that there is already build up around one of the basins
so maintenance will be key.
Motion by Bebrin to Approve Major Stormwater Management Permit, Case No. 2023-05, subject to the Conditions
Required by the Stormwater Management Regulations. Second by Michaels. Vote: 7-0-0.
7:08 PM APPROVAL OF MEETING MINUTES
Approval of Meeting Minutes: February 22, 2023.
The Board reviewed the February 22, 2023 meeting minutes. Motion by Bebrin to Approve February 22, 2023 Meeting
Minutes. Second by Degen. Vote: 7-0-0.
7:09 PM COMMITTEE REPORTS
Michaels summarized a recent meeting of the Water Quality Review Committee which included review of a solar project
on Freeman’s Way and clarification on fertilizer use at Dream Day. Degen summarized a recent meeting of the Select
Board including discussion on moving Town Meeting to Saturday, review of the Technical School’s budget, review of
PB Minutes 03/08/23 Page 4 of 4
warrant articles, and presentation of subscriptions for the Bay Property swimming pool. Taylor stated that the Open
Space and Recreation Plan has been approved. Taylor encouraged everyone to go to the Association to Preserve Cape
Cod (APCC) website and review reports regarding natural resource assessment and the current state of Cape waters.
Hillis-Dineen summarized a recent Affordable Housing Trust meeting which included a report on the Millstone Road
housing development and approval of rehabilitation funds for homes in town.
7:15 PM FOR YOUR INFORMATION
The Planning Board received a memorandum from Griffin Ryder, DPW Director, regarding the Massachusetts
Department of Transportation Winter Recovery Assistance Program. They also received information on the 6th annual
Lower Cape Housing Institute on March 14th and information on “Hanging in the Balance” a report by APCC which Taylor
spoke about earlier in the meeting. The Planning Board also received a public hearing notice from the Harwich Planning
Board for March 14th.
7:16 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
Idman stated that public comments and department comments should be handled in the same manner for each
application. It is not necessary to read the comments into the record in their entirety. The Planning Board may wish to
acknowledge receipt of the comments and let the public know the comments are available to view in the public meeting
packet. Idman also stated that DPW Director Griffin Ryder is available to attend a Planning Board meeting in April to
discuss the review of stormwater management permit applications and what the Planning Board may want to focus on
in their review of these applications.
The Planning Board will also begin to discuss the ADU section of the zoning bylaw. Staff plans to kickoff discussions with
the Planning Board in the next month and will provide their observations including comments and feedback received
from Brewster residents and other organizations. If after discussion, the Planning Board chooses to move forward with
amendments, Fall Town Meeting would be targeted for those amendments.
Motion by Bebrin to Adjourn. Second by Michaels. Vote: 7-0-0.
Meeting adjourned at 7:23 PM. Next Planning Board Meeting Date: March 22, 2023
Respectfully submitted,
__________________________________________
Lynn St. Cyr, Senior Department Assistant, Planning
FOR YOUR INFORMATION