HomeMy Public PortalAboutPlanning Board Packet 04/26/23Planning 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
Town of Brewster Planning Board
2198 Main St., Brewster, MA 02631
brewplan@brewster-ma.gov
(508) 896-3701 x1133
PLANNING BOARD MEETING AGENDA
2198 Main Street
April 26, 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/ V84107781002?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. 2ov),
or Video recording (tv.brewster-ma.itov).
The Planning Board packet can be found on the Calendar on the Town of Brewster website (www.brewster-ma.gov).
1. Ca11 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. 2023-07: Applicant/Owner:
Whiffletree LLC, through their representative Down Cape Engineering, Inc., has
submitted a major stormwater permit application for property located at 0
Whiffletree Avenue and shown on Tax Map 6, Parcel 4, 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. Continued discussion on Planning Board application forms.
8. Approval of Meeting Minutes: April 12, 2023.
9. Committee Reports.
10. For Your Information.
11. Matters Not Reasonably Anticipated by the Chair.
12. Next Meetings: May 10, 2023 and May 24, 2023.
13. Adjournment.
Date Posted:
04/19/23
Date Revised: Received by Town Clerk:
MAJOR STORMWATER MANAGEMENT PERMIT
CASE NO. 2023-07
APPLICANT/OWNER: WHIFFLETREE, LLC
PROPERTY: 0 WHIFFLETREE AVENUE
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 SWMP23-7
Whiffletree Avenue (Map 6 Parcel 4)
Applicant, Whiffletree LLC
c/o Dan Ojala, PE, PLS, DownCape Engineering, Yarmouthport, MA
DATE: April 14, 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 and alternately, 20,000 sq ft or more of clearing. The underlying project is development of a
previously undeveloped vacant property with two, single-family dwellings and appurtenances.
The property is 3+ acres and is bound by Whiffletree Avenue, a private way, on the east and a bordering
vegetated wetland on the west. The property slopes from east to west, away from the road. The property
is not located in a Zone II or the DCPC. A small part of the western portion of the property is within a
special flood hazard zone (Zone AE)/ land subject to coastal storm flowage. The steepest site topography
is located within the wetland buffer portion of the property, which is not proposed to be altered or
developed.
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 and Stormwater Management and Hydrologic Report, as set out in Appendix B of the
Stormwater Management Regulations.
The site stormwater management approach consists of a number of different systems that work together to
treat and recharge stormwater onsite. Roof run-off will be handled separately from site run-off; 1) Roof
run-off for each of the dwellings will be managed by separate dry-well systems; 2) the shared, paved
driveway will have trench drains; 3) driveway run-off will be hard-piped from the trench drains, and other
Office of:
Planning Board
Planning Dept.
2
site run-off along the north portion of the site will be conveyed by grass channel and grading, to a rain
garden in the north portion of the site; 4) there is another rain garden in the south portion of the site to
pickup site run-off, conveyed by grass channel and grading, from the south portion of the site. The rain
gardens will be planted with native shrubs, have pre-treatment from sediment forebays, and have
overflows to subsurface leaching facilities. The rain gardens will intercept and treat any run-off from
development upgradient of the wetlands buffer line.
The Stormwater approach meets the applicable standards in the Massachusetts Stormwater Handbook and
the Brewster Stormwater Regulations 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 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 O&M plan deals with long term maintenance of all post-construction BMPs
such as the subsurface recharge systems and raingardens.
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, erosion
control blankets, a gravel construction drive and protection of catch basins or other stormwater
facility inlets. Special care has been paid to intercepting and treating run-off and sediment prior
to the wetland buffer on-site.
The system incorporates Low Impact Development-type (LID) stormwater design elements,
specifically the rain gardens and grass channels.
In addition to the MA Handbook stormwater treatment 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 run-off well in excess of the first inch of stormwater water
quality volume for the 100 yr storm from paved areas of the site.
The Applicant’s soil tests on the property, and NRCS mapping, have revealed sandy and well-
draining soils.
There is separation from the bottom of the stormwater leaching facilities and the groundwater
table.
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1. Project Location:
Town of Brewster
Code Chapter 272
Stormwater Management Permit
Application Form
FOR TOWN OFFICIAL USE ONLY
TOWN CLERK RECEIVED:
SWM PERMIT NUMBER ASSIGNED:
0 (N/-1 I F FL I r — AVt. , ?f? 9rerr, MA_
Street Address
ap l
Assessors and Parcel(s) Deed Reference
2. Applicant:
1DtD totPoOK 5 4 -1 -00 I !AoiG ! f-
MtctAn_ 1A)A t-Lil Er MAN A6��z, Mi r 1 --LC
Name
114 4P -PVC T, F12-04 IN6 (-HAM, MA 0(7D I
Legal Mailing Address
IV( i-vat is et rvl ett14a, ca rvl
Phone Number Email Address
3. Property Owner (if different than Applicant):
Name
Legal Mailing Address
Phone Number Email Address
4. Professional Representative:
DANIEL A. OJA LA, P' pi_$, Down] r1veocr12-1 NC, (NC.
Name
q c.) f2D ige /0 A, ;ViTt �1 yAemoUTH rDt2- , MA 02-(o75
Legal Mailing Address
�t3 X62- S Lf l dauhicttpe (69 dvwricct e, Cv wi
Phone Number Email Address
Brewster Stormwater Management Permit Application Form
Approved 2/23/ 2022 Rev. 06/22/2022 Page 1 of 2
TYPO OfAPO icatior (Ch" a;;ap)riirabit)),
Minor Sttarrnwater Permit- Anv combination Of SO I I OSof constiocl Ion or land
disturbance activities that, over a two- yt of period, will ca ul. in rr not Inernnho trr
impervious area of 500 sq,fl, to ?,500 srl,ft, and/or will result In land disturbances of
10,0no gry.ft, to 20,()t)0 flq.ft.
Major Stormwater Permit Any alteration, disturbance, flovelo)'inaont, or
redevelopment that dues not naout the crttone for a minor titormwater
Permit,
SWM Permit Amendment-
l.i t eKlstiti Storrnwater Management permit number/ typo =z,
Stormwater Management Certificate of Compliance (SMCC) Request-
List relevant Stormwater Management permit number
6. Brief Project Description, including any waiver requests:
Appficant
Property Owner (if different than Applicant)
Data
Professional Representative (as applicable) C L� l)1,4 Date
i -4hitE e e"7
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 Perm)( Application Form
Approved 2/23/ 2022 Rev. 06/22/2022 Page 2 of 2
STORMWATER MANAGEMENT PERMIT APPLICATION
0 Whiffletree Avenue, Brewster, MA
PROJECT OVERVIEW:
The applicant is pleased to submit a stormwater application to develop an existing residential
property. The 132,463 s.f. property is currently vacant. Two single family dwellings with a driveway
and associated utilities are proposed. The total number of bedrooms on the site will be nine. The
new leaching fields will be located greater than 300' to the abutting pond to the west and no Board
of Health variances are required as the septic systems meet local and state requirements. The site
needs a Major Stormwater Permit as it disturbs over 20,000 s.f.
The Site is bordered on the West by a pond and bordering vegetated wetland. All work will take
place outside of the 100' buffer to the BVW. A small section of the rear of the site lies within Land
Subject to Coastal Storm Flowage (AE el.13). No work will take place within the flood zone. The site
does not lie within Priority and Estimated Habitats in accordance with the NHESP Map dated
August 2021.
The site slopes towards the pond and the proposed dwellings will have walkout foundations to help
take advantage of the existing topography. The proposed grading and fill will allow for a relatively
gentle driveway down the site to the proposed garages. Roof drywells are proposed to capture the
roof runoff and trench drains will be installed in the driveway to capture the driveway runoff. The
proposed grading will direct the remaining runoff to two proposed rain gardens.
Compliance with the Brewster Stormwater Bylaw Regulations:
To comply with the Brewster Stormwater Regulations, a work limit line of staked silt fence backed
by coir logs is proposed downgradient of all proposed work and around the sides of the site. All
work limit lines shall remain in place until all construction is completed and areas are planted and
stable. Preconstruction activities will include the installation of erosion control fences as shown on
the site plans and forming of the bioretention areas to intercept and infiltrate stormwater from the
construction site. The site is large and consists of thirty plus feet of pervious material above the
pond water elevation, so onsite infiltration is readily available. The underlying material is sand,
hydrologic group A with a perc rate of less than two minutes per inch. See soil logs on the detail
sheet.
The temporary dumpster locations and stockpile areas to be utilized during construction are
shown on the Erosion and Sedimentation Control Plan attached. The site plans also show
existing topography, hydrology, and proposed grading and swale creation. Two existing natural
vegetation lined swales exist on either side of the lot and will be utilized to remove the required
Phosphorous from the stormwater on the site, as vegetation uptake is the most reliable reduction
technique. These swales along with driveway trench drains will direct the runoff to two sediment
forebays that lead to bioretention areas for added treatment with overflow leaching pits. The
driveway and other impervious areas are kept to a minimal width on the large site, and all roof
runoff is directed to large drywells around the site for direct infiltration and to reduce flow off the
site.
The proposed construction activities will not have a deleterious effect upon any wetland resource
area. The silt fence will contain all construction activities. Roof drainage will be mitigated utilizing
downspouts to drywells. A 100' buffer to the BVW will be maintained.
All machinery will access the areas of proposed construction through the proposed driveway. A
stone construction apron will be installed to reduce silt from leaving the site. A silt fence will be
installed downgradient of any proposed work.
The Low Impact Design natural swales and bioretention areas are utilized to reduce the
Phosphorous and Nitrogen loads of the impervious surfaces on the site. No additional
stormwater is expected to leave the site based on the grading and swales indicated on the
drawings.
Compliance with the 10 State Stormwater Standards (in order in bold with explanation in lighter font
following the numbered Standards) is as follows:
1. No new stormwater conveyances (e.g. outfalls) may discharge untreated stormwater
directly to or cause erosion in wetlands or waters of the Commonwealth.
No new untreated stormwater discharges are proposed.
2. Stormwater management systems shall be designed so that post -development peak
discharge rates do not exceed pre -development peak discharge rates. This Standard
may be waived for discharges to land subject to coastal storm flowage as defined in
310 CMR 10.04.
The sandy soils permit onsite infiltration, as shown by the attached calculations. The development
was analyzed under the 100 year, 24 hour storm and the drainage systems as designed, will not
increase off -site flooding over existing conditions.
3. Loss of annual recharge to groundwater shall be eliminated or minimized through
the use of infiltration measures including environmentally sensitive site design, low
impact development techniques, stormwater best management practices, and good
operation and maintenance. At a minimum, the annual recharge from the post -
development site shall approximate the annual recharge from pre -development
conditions based on soil type. This Standard is met when the stormwater
management system is designed to infiltrate the required recharge volume as
determined in accordance with the Massachusetts Stormwater Handbook.
The proposed infiltration systems are sized to adequately infiltrate the required recharge volume
and low impact drainage solutions were implemented.
4. Stormwater management systems shall be designed to remove 80% of the average
annual post -construction load of Total Suspended Solids (TSS). This Standard is
met when:
a. Suitable practices for source control and pollution prevention are identified in a long-term
pollution prevention plan, and thereafter are implemented and maintained;
b. Structural stormwater best management practices are sized to capture the required water
quality volume determined in accordance with the Massachusetts Stormwater Handbook;
and
c. Pretreatment is provided in accordance with the Massachusetts Stormwater Handbook.
A long term pollution prevention plan is to be attached, in excess of the correct volumes are
captured, and pretreatment is provided per the Handbook, so compliance with #4 is assured.
5. For land uses with higher potential pollutant loads, source control and pollution
prevention shall be implemented in accordance with the Massachusetts Stormwater
Handbook to eliminate or reduce the discharge of stormwater runoff from such land uses to
the maximum extent practicable. If through source control and/or pollution prevention all
land uses with higher potential pollutant loads cannot be completely protected from
exposure to rain, snow, snow melt, and stormwater runoff, the proponent shall use the
specific structural stormwater BMPs determined by the Department to be suitable for such
uses as provided in the Massachusetts Stormwater Handbook. Stormwater discharges from
land uses with higher potential pollutant loads shall also comply with the requirements of
the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26-53 and the regulations promulgated
thereunder at 314 CMR 3.00, 314 CMR 4.00 and 314 CMR 5.00.
The standard residential development and driveway are not applicable to higher potential pollutant
loads per the Handbook, so this standard is "Not Applicable" for this site.
6. Stormwater discharges within the Zone II or Interim Wellhead Protection Area of a public
water supply, and stormwater discharges near or to any other critical area, require the use of
the specific source control and pollution prevention measures and the specific structural
stormwater best management practices determined by the Department to be suitable for
managing discharges to such areas, as provided in the Massachusetts Stormwater
Handbook. A discharge is near a critical area if there is a strong likelihood of a significant
impact occurring to said area, taking into account site -specific factors. Stormwater
discharges to Outstanding Resource Waters and Special Resource Waters shall be removed
and set back from the receiving water or wetland and receive the highest and best practical
method of treatment. A "storm water discharge" as defined in 314 CMR 3.04(2)(a)1 or (b) to
an Outstanding Resource Water or Special Resource Water shall comply with 314 CMR 3.00
and 314 CMR 4.00. Stormwater discharges to a Zone I or Zone A are prohibited unless
essential to the operation of a public water supply.
The site is not within a Zone I, Zone A, or Zone II
7. A redevelopment project is required to meet the following Stormwater Management
Standards only to the maximum extent practicable: Standard 2, Standard 3, and the
pretreatment and structural best management practice requirements of Standards 4, 5, and
6. Existing stormwater discharges shall comply with Standard 1 only to the maximum extent
practicable. A redevelopment project shall also comply with all other requirements of the
Stormwater Management Standards and improve existing conditions.
This project fully complies with the standards.
8. A plan to control construction -related impacts including erosion, sedimentation and other
pollutant sources during construction and land disturbance activities (construction period
erosion, sedimentation, and pollution prevention plan) shall be developed and implemented.
The plans are to be provided under separate cover.
9. A long-term operation and maintenance plan shall be developed and implemented to
ensure that stormwater management systems function as designed.
The plan to be attached.
10. All illicit discharges to the stormwater management system are prohibited.
No illicit discharges are allowed or planned related to this site. Additional documentation will be filed
per the stormwater instructions.
As shown above and in the following calculations, the proposed site will be compliant with the State
Stormwater Management Guidelines.
STORMWATER
OPERATIONS AND MAINTENANCE PLAN:
#0 Whiffletree Avenue, Brewster, MA
DATE: 4-13-2023
Prepared by: down cape engineering, inc.
939 Route 6a Yarmouthport, MA 02675
Ph. 1-508-362-4541
Fax 1-508-362-9880
STORMWATER OPERATIONS AND MAINTENANCE PLAN:
#0 Whiffletree Avenue, Brewster, MA
TABLE OF CONTENTS
1. Owner of Stormwater System and Responsible Party for Operation and Maintenance
2. Overview of Stormwater Management System
3. Source Control Best Management Practices
4. Schedule of Inspection and Maintenance of System
5. Plan of Stormwater BMPs location for maintenance (see attached Site Plans)
6. Estimated operations and maintenance budget
7. Operations and maintenance Log Form
8. Emergency Spill Contingency Plan
STORMWATER OPERATIONS AND MAINTENANCE PLAN:
#0 Whiffletree Avenue, Brewster, MA
OWNER OF STORMWATER SYSTEM AND RESPONSIBLE
PARTY FOR OPERATIONS AND MAINTENANCE:
OWNER/RESPONSIBLE PARTY:
Whiffletree, LLC
Michael Wallace
14 Grove Street
Framingham, MA
978-580-9497
The responsible party shall:
Operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and
the requirements of the Massachusetts Stormwater Handbook, and local Town of Brewster Stormwater
Management Regulations, maintain an operation and maintenance log continuously and retain for the
latest three (3) consecutive calendar years, of inspections, repairs, maintenance and/or replacement of
the stormwater management system or any part thereof, and disposal (for disposal the log shall
indicate the type of material and the disposal location), make the maintenance log available to
Brewster Stormwater Authority or its designated agents upon request, and allow members and agents
of the Brewster Stormwater Authority to enter and inspect the site to evaluate and ensure that the
responsible party is in compliance with the requirements for each BMP established in the O&M Plan
approved by the issuing authority.
STORMWATER OPERATIONS AND MAINTENANCE PLAN:
#0 Whiffletree Avenue, Brewster, MA
OVERVIEW OF STORMWATER MANAGEMENT SYSTEM:
The drainage systems specified for the proposed development area have been designed in accordance
with Town of Brewster Stormwater Management Regulation. The system has been designed to fully
comply with the Stormwater Management Guidelines.
The system utilizes trench drains and grass lines swales that lead to sediment forebays which flow to
rain gardens with overflow leaching pits. The roof areas are directed to subsurface infiltration pits. The
proposed use is a typical residential driveway lot and is not a “Land Use with Higher Potential
Pollutant Load” per the State Stormwater Management Guidelines, and onsite infiltration of the full
design storm is utilized for the proposed hardscaped areas. The underlying material is sand,
hydrologic group A under the guidelines.
During construction the installation of silt controls near the down gradient border will provide
protection. The erosion control fence is to be inspected after every rain event and is to be maintained
until the site is stabilized. The systems are designed to contain and infiltrate the design storm event
onsite.
Best Management Practices incorporated in the project are as follows:
-Infiltration Trenches/Pit (80% TSS Removal)
-Sediment forebay (25% TSS Removal)
-Rain Gardens / Bioinfiltration areas (90% TSS Removal)
-Street Sweeping as required (required BMP)
STORMWATER OPERATIONS AND MAINTENANCE PLAN:
#0 Whiffletree Avenue, Brewster, MA
SCHEDULE OF INSPECTION AND MAINTENANCE OF
STORMWATER MANAGEMENT SYSTEM:
SCHEDULE OF INSPECTION AND MAINTENANCE:
The stormwater management system proposed for the site requires regular inspection and maintenance
to ensure proper operation and effectiveness.
1. It is recommended that the stormwater system proposed for the site be inspected annually, and
sediment removed from the trench drains, sediment forebays and gutters as required, generally
once per year for the gutter and trench drains and four times per year for the forebays. The
inspection should involve physical inspection of the trench drains, gutters, and forebays for
sediment buildup and inspecting the leaching pits for solids carryover. If significant solids are
found in the trench drains, gutters, forebays, or infiltration pits, they shall be cleaned, and the
sediment disposed of offsite in compliance with all local, state, and federal regulations. If
slow infiltration is noted during storm events, the infiltration pits should be repaired or rebuilt
as necessary to restore function. If standing water is observed in the bottom of the
bioinfiltration areas, any sediment shall be removed, and the bottom scarified to increase
infiltration as needed to prevent standing water more than 72 hours after a rain event.
2. Grass in infiltration areas should be mowed once annually, aerate/till and re-seed if water is
standing more than 72 hours after a rain event.
3. The driveway areas shall be swept free of sand when necessary and kept free of any debris.
STORMWATER OPERATIONS AND MAINTENANCE PLAN:
#0 Whiffletree Avenue, Brewster, MA
SOURCE CONTROL BEST MANAGEMENT PRACTICES:
1. The pavement should be swept when necessary to remove accumulated debris.
2. No illicit discharges of any type are allowed into the storm water drainage system or septic system.
Owners of the dwellings should be instructed in proper disposal of any cleaning materials, paints,
chemicals, or other potentially harmful substances utilized on or about the property.
3. Good housekeeping procedures shall be used to reduce sources of sediment, phosphorus, nitrogen
and other contaminants in stormwater runoff. These shall include:
(a) Wash vehicles at offsite commercial car washes or on lawns or pervious areas
using biodegradable and phosphate free detergent (washing of vehicles onsite is
discouraged in general, however).
(b) Removal of sediment, leaf litter and other organic debris from impervious
surfaces a minimum of twice a year in the spring (after snowmelt) and fall (after
leaf fall)
(c) Removal of sediment/debris from trench drain and gutters a minimum of once a
year
(d) Restrictions on the application of fertilizers, including:
i. Fertilizer shall not be applied during or immediately prior to heavy rainfall,
such as but not limited to thunderstorms, hurricanes, or northeastern storms,
or when the soil is saturated due to intense or extended rainfall;
ii. Fertilizer shall not be applied between November 12 and the following March
31;
iii. Fertilizer shall not be applied, spilled or deposited on impervious surfaces or
in a manner that allows it to enter into storm drains;
iv. Fertilizer shall not be applied within 100 feet of any surface water or within
the Zone I of a public drinking water well;
v. Fertilizer containing phosphorus shall not be applied unless a soil test taken
not more than three years before the proposed fertilizer application indicates
that additional phosphorus is needed for growth of that turf, or unless
establishing new turf or reestablishing or repairing turf after substantial
damage or land disturbance;
22-377 #0 Whiffletree Avenue, Brewster Stormwater Operations and Maintenance Plan
vi. A single application of fertilizer that contains nitrogen shall not exceed
1.0 pound of nitrogen per 1,000 square feet, shall consist of at least 20%
slow-release nitrogen (SRN) fertilizer (NOTE: This represents the
minimum percentage: use of higher SRN content is generally
preferable, especially on sandy root zones, during stress and pre-stress
periods, and when there are fewer annual applications of nitrogen made
to a lawn) and the annual rate shall not exceed 3.2 pounds of actual
nitrogen per thousand square feet. Single applications shall be done at
intervals of no less than four weeks until the annual maximum is
reached;
vii. Grass clippings, leaves, or any other vegetative debris shall not
be deposited into or within 50 feet of water bodies, retention and
detention areas, drainage ditches or stormwater drains, or onto
impervious surfaces, such as, but not limited to, roadways and
sidewalks, except during scheduled clean- up programs.
22-377 #0 Whiffletree Avenue, Brewster Stormwater Operations and Maintenance Plan
STORMWATER OPERATIONS AND MAINTENANCE PLAN:
#0 Whiffletree Avenue, Brewster, MA
EMERGENCY SPILL CONTIGENCY PLAN:
1. The owner of the facility shall have a designated person with overall responsibility for spill
response.
2. A summary of this plan shall be posted in a prominent location in the building. The Summary
shall identify the phone numbers of regulatory agencies and individuals to be contacted in the
event of a spill.
3. In the event of a spill, the following shall be notified: (emergencies dial 911)
a) Brewster Fire Department 1-508-896-7018
(For a gasoline or hazardous materials spill)
b) Department of Environmental Protection
Emergency Response 1-508-946-2850
c) Brewster Water Department 1-508-896-5454
d) Brewster Board of Health 1-508-896-3701
4. Notification of authorities for the cleanup of spills shall be done immediately upon
discovery of a spill, except for minor spills inside the building which can be managed by
onsite personnel. Any release to the environment must be reported immediately.
22-377 #0 Whiffletree Avenue, Brewster Stormwater Operations and Maintenance Plan
STORMWATER OPERATIONS AND MAINTENANCE PLAN:
#0 Whiffletree Avenue, Brewster, MA
ESTIMATED OPERATIONS AND MAINTENANCE
BUDGET:
Inspections: Inspection of drainage system 2 times per year:
Visual inspection, probe sediment depth, review for signs of drainage issues, …Est.
$150/visit = $300/year.
Trench drain and gutter cleaning: 1 time per year or when sediment buildup is
apparent - $150/year.
Forebay cleaning: four times per year - $400/year
Street Sweeping: as needed - Est. $600/visit.
22-377 #0 Whiffletree Avenue, Brewster Stormwater Operations and Maintenance Plan
INSPECTION AND MAINTENANCE LOG FORM-
Long Term Pollution Prevention and Erosion and Sedimentation
Control
Project Name: #0 Whiffletree Avenue, Brewster, MA
Owner: Whiffletree, LLC
Contractor:
Date Description of Inspection or Maintenance Person Comments
(Sweep road, apron maintenance, silt fence, etc.)
i
dawn cape enolIneerinq, inc,
C L 1.\1161N 16 & LANt2 SLI YQI5
99 MAIN 5 / OLf1T 6A YARMOLITII'O , MA 02675
( 508) ,62-4 I F R( (5OS) X62-9880)
DRAINAGE
CALCULATIONS:
0 Whiffletree Avenue
Proposed Dwellings
Brewster, MA
DATE: 4-6-2023
PREPARED FOR: Whiffletree, LLC
t
DANIEL_ A 1-{m
OJALA `-`2,
CIVIL «„I
No 165D?
Prepared for: 0 Whiffletree Avenue, Whiffletree LLC
4-6-23 DRAINAGE SUMMARY -
DESIGN EVENT: 25/100 YEAR STORM EVENT
The drainage systems specified for the proposed two residential homes with a paved shared
driveway at the above referenced site has been designed in accordance with Town of Brewster
Subdivision Rules and Regulations based on the Subdivision Rules and Regulations
TR55/IlydroCAD method drainage analysis, and fully complies with the local regulations and Slate
Stormwater Management Guidelines.
The drive has cape cod berms and pitch which moves runoff to a sediment forebay leading to a rain
garden with overflow to a 1,000 gallon leaching pit set in clean sand found by the soil testing. The
building roofs are connected to drywells located adjacent the buildings. The remaining vegetated
areas are pitched to the downgradient forebays and rain gardens with intercept and infiltrate runoff
prior to it entering the 100' setback to adjacent wetland. The underlying material is sand, hydraulic
group A, see test holes on the site plan
The rainfall event was a 100 year return frequency Type III Storrn.
The l lydrocad drainage calculations and drainage area sketch plans are attached for reference. The
highest levels reached during the storm are below the top infiltration structures, indicating an
adequate design for the design storms.
Based on the attached drainage calculations the proposed system is adequate for the proposed use
on the site. Note the majority of a 100 year storm flowing over the pervious areas of the site will be
infiltrated onsite, and all impervious surfaces will be infiltrated onsite exceeding the state standards
of no more offsite flow under developed conditions than existing conditions.
SUMMARY:
USE THE PROPOSED TRENCH DRAINS LEADING TO SEDIMENT FOREBAYS AND RAIN
GARDENS WHICH OVERFLOW TO SUBSURFACE INFILTRATION 5 TEM, AS SHOWN
ON THE SITE PLANS BY DOWN CAPE ENGINEERING, INC. OF Ail:
Prepared by yr
DANIEL A
cIvII
IVia ri :47i
).'
ti f ti fslow
a
Daniel A. Ojala PLS, PE
Down Cape Engineering, Inc.
date
STORMWATER MANAGEMENT PERMIT APPLICATION
0 Whiffletree Avenue, Brewster, MA
PROJECT OVERVIEW:
The applicant is pleased to submit a stormwater application to develop an existing residential
property. The 132,463 s.f. property is currently vacant. Two single family dwellings with a driveway
and associated utilities are proposed. The total number of bedrooms on the site will be nine. The
new leaching fields will be located greater than 300' to the abutting pond to the west and no Board
of Health variances are required as the septic systems meet local and state requirements. The site
needs a Major Stormwater Permit as it disturbs over 20,000 s.f.
The Site is bordered on the West by a pond and bordering vegetated wetland. All work will take
place outside of the 100' buffer to the BVW. A small section of the rear of the site lies within Land
Subject to Coastal Storm Flowage (AE el.13). No work will take place within the flood zone. The site
does not lie within Priority and Estimated Habitats in accordance with the NHESP Map dated
August 2021.
The site slopes towards the pond and the proposed dwellings will have walkout foundations to help
take advantage of the existing topography. The proposed grading and fill will allow for a relatively
gentle driveway down the site to the proposed garages. Roof drywells are proposed to capture the
roof runoff and trench drains will be installed in the driveway to capture the driveway runoff. The
proposed grading will direct the remaining runoff to two proposed rain gardens.
Compliance with the Brewster Stormwater Bylaw Regulations:
To comply with the Brewster Stormwater Regulations, a work limit line of staked silt fence backed
by coir logs is proposed downgradient of all proposed work and around the sides of the site. All
work limit lines shall remain in place until all construction is completed and areas are planted and
stable. Preconstruction activities will include the installation of erosion control fences as shown on
the site plans and forming of the bioretention areas to intercept and infiltrate stormwater from the
construction site. The site is large and consists of thirty plus feet of pervious material above the
pond water elevation, so onsite infiltration is readily available. The underlying material is sand,
hydrologic group A with a perc rate of less than two minutes per inch. See soil logs on the detail
sheet.
The temporary dumpster locations and stockpile areas to be utilized during construction are
shown on the Erosion and Sedimentation Control Plan attached. The site plans also show
existing topography, hydrology, and proposed grading and swale creation. Two existing natural
vegetation lined swales exist on either side of the lot and will be utilized to remove the required
Phosphorous from the stormwater on the site, as vegetation uptake is the most reliable reduction
technique. These swales along with driveway trench drains will direct the runoff to two sediment
forebays that lead to bioretention areas for added treatment with overflow leaching pits. The
driveway and other impervious areas are kept to a minimal width on the large site, and all roof
runoff is directed to large drywells around the site for direct infiltration and to reduce flow off the
site.
The proposed construction activities will not have a deleterious effect upon any wetland resource
area. The silt fence will contain all construction activities. Roof drainage will be mitigated utilizing
downspouts to drywells. A 100' buffer to the BVW will be maintained.
All machinery will access the areas of proposed construction through the proposed driveway. A
stone construction apron will be installed to reduce silt from leaving the site. A silt fence will be
installed downgradient of any proposed work.
The Low Impact Design natural swales and bioretention areas are utilized to reduce the
Phosphorous and Nitrogen loads of the impervious surfaces on the site. No additional
stormwater is expected to leave the site based on the grading and swales indicated on the
drawings.
Compliance with the 10 State Stormwater Standards (in order in bold with explanation in lighter font
following the numbered Standards) is as follows:
1. No new stormwater conveyances (e.g. outfalls) may discharge untreated stormwater
directly to or cause erosion in wetlands or waters of the Commonwealth.
No new untreated stormwater discharges are proposed.
2. Stormwater management systems shall be designed so that post -development peak
discharge rates do not exceed pre -development peak discharge rates. This Standard
may be waived for discharges to land subject to coastal storm flowage as defined in
310 CMR 10.04.
The sandy soils permit onsite infiltration, as shown by the attached calculations. The development
was analyzed under the 100 year, 24 hour storm and the drainage systems as designed, will not
increase off -site flooding over existing conditions.
3. Loss of annual recharge to groundwater shall be eliminated or minimized through
the use of infiltration measures including environmentally sensitive site design, low
impact development techniques, stormwater best management practices, and good
operation and maintenance. At a minimum, the annual recharge from the post -
development site shall approximate the annual recharge from pre -development
conditions based on soil type. This Standard is met when the stormwater
management system is designed to infiltrate the required recharge volume as
determined in accordance with the Massachusetts Stormwater Handbook.
The proposed infiltration systems are sized to adequately infiltrate the required recharge volume
and low impact drainage solutions were implemented.
4. Stormwater management systems shall be designed to remove 80% of the average
annual post -construction load of Total Suspended Solids (TSS). This Standard is
met when:
a. Suitable practices for source control and pollution prevention are identified in a long-term
pollution prevention plan, and thereafter are implemented and maintained;
b. Structural stormwater best management practices are sized to capture the required water
quality volume determined in accordance with the Massachusetts Stormwater Handbook;
and
c. Pretreatment is provided in accordance with the Massachusetts Stormwater Handbook.
A long term pollution prevention plan is to be attached, in excess of the correct volumes are
captured, and pretreatment is provided per the Handbook, so compliance with #4 is assured.
5. For land uses with higher potential pollutant loads, source control and pollution
prevention shall be implemented in accordance with the Massachusetts Stormwater
Handbook to eliminate or reduce the discharge of stormwater runoff from such land uses to
the maximum extent practicable. If through source control and/or pollution prevention all
land uses with higher potential pollutant loads cannot be completely protected from
exposure to rain, snow, snow melt, and stormwater runoff, the proponent shall use the
specific structural stormwater BMPs determined by the Department to be suitable for such
uses as provided in the Massachusetts Stormwater Handbook. Stormwater discharges from
land uses with higher potential pollutant loads shall also comply with the requirements of
the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26-53 and the regulations promulgated
thereunder at 314 CMR 3.00, 314 CMR 4.00 and 314 CMR 5.00.
The standard residential development and driveway are not applicable to higher potential pollutant
loads per the Handbook, so this standard is "Not Applicable" for this site.
6. Stormwater discharges within the Zone II or Interim Wellhead Protection Area of a public
water supply, and stormwater discharges near or to any other critical area, require the use of
the specific source control and pollution prevention measures and the specific structural
stormwater best management practices determined by the Department to be suitable for
managing discharges to such areas, as provided in the Massachusetts Stormwater
Handbook. A discharge is near a critical area if there is a strong likelihood of a significant
impact occurring to said area, taking into account site -specific factors. Stormwater
discharges to Outstanding Resource Waters and Special Resource Waters shall be removed
and set back from the receiving water or wetland and receive the highest and best practical
method of treatment. A "storm water discharge" as defined in 314 CMR 3.04(2)(a)1 or (b) to
an Outstanding Resource Water or Special Resource Water shall comply with 314 CMR 3.00
and 314 CMR 4.00. Stormwater discharges to a Zone I or Zone A are prohibited unless
essential to the operation of a public water supply.
The site is not within a Zone I, Zone A, or Zone II
7. A redevelopment project is required to meet the following Stormwater Management
Standards only to the maximum extent practicable: Standard 2, Standard 3, and the
pretreatment and structural best management practice requirements of Standards 4, 5, and
6. Existing stormwater discharges shall comply with Standard 1 only to the maximum extent
practicable. A redevelopment project shall also comply with all other requirements of the
Stormwater Management Standards and improve existing conditions.
This project fully complies with the standards.
8. A plan to control construction -related impacts including erosion, sedimentation and other
pollutant sources during construction and land disturbance activities (construction period
erosion, sedimentation, and pollution prevention plan) shall be developed and implemented.
The plans are to be provided under separate cover.
9. A long-term operation and maintenance plan shall be developed and implemented to
ensure that stormwater management systems function as designed.
The plan to be attached.
10. All illicit discharges to the stormwater management system are prohibited.
No illicit discharges are allowed or planned related to this site. Additional documentation will be filed
per the stormwater instructions.
As shown above and in the following calculations, the proposed site will be compliant with the State
Stormwater Management Guidelines.
1
Jonathon Idman
From:Danny Gonsalves <dgonsalves@downcape.com>
Sent:Thursday, April 13, 2023 3:02 PM
To:Jonathon Idman
Cc:Daniel A. Ojala, PE PLS; Priscilla Leclerc
Subject:RE: Whiffletree LLC Stormwater Application, 0 Whiffletree Avenue, Brewster
Attachments:22-377Whiffletree Revised Stormwater O+M 4-13-23.pdf
Jon,
1. The driveway runoff is collected by the trench drains that flow to underground piping which then dumps the runoff
into the forebays. There are grass lined swales shown by the proposed grading that direct the majority of the runoff
from the landscaped/natural areas to the forebays.
2. Yes the north forebay/rain garden is sized to store the first inch of rain from the driveway runoff. They have a storage
capacity of 760+ cubic feet before they overflow to the catch basin. 1 inch of rain over the 6000 s.f. driveway would only
require 500 cubic feet.
3. The NRCS websoil survey lists the soil as Plymouth loamy course sand.
4. We typically spec bayberry and winterberry plans for rain garden areas. Let me know if you need a planting schedule
addendum.
1a. The edge of the pond is at elevation 9 and the bottom of our lowest leaching pit is at elevation 16.5, so we have
more than the required 2' separation.
2a. Attached is a revised Stormwater O+M based on your comments. Let me know if you want us to drop off hard copies
of that.
3a. The line with the "d" stands for actual drainage piping. See #1 above.
Please let me know if you have any additional questions.
Thanks,
Danny E. Gonsalves, PE
Professional Engineer
Down Cape Engineering, Inc.
Tel: 508-362-4541
Fax: 508-362-9880
This Electronic Message contains information from the engineering firm of down cape engineering, inc., which may be
privileged. The information is intended to be for the use of the addressee only. If you are not the addressee, note that
any disclosure, copy, distribution or use of the contents of this message is prohibited.
-----Original Message-----
From: Jonathon Idman <jIdman@brewster-ma.gov>
Sent: Thursday, April 13, 2023 12:28 PM
To: Danny Gonsalves <dgonsalves@downcape.com>
2
Subject: RE: Whiffletree LLC Stormwater Application, 0 Whiffletree Avenue, Brewster
Danny,
A few other questions/ comments.
1) Soil logs provided show no groundwater observed down to at least el 28. Is there sufficient free board for the
leaching facilities connected to the bioretention? It looks like the bottom of the leaching facilities would be around el
15?
2) As the O&M manual is to be recorded along with the stormwater permit, please revise and resubmit. The manual
shouldn't refer to DEP or the conscom but to the "Brewster Stormwater Authority or its Designated Agents." Reference
to "Brewster Subdivision Rules and Regulations" should also be deleted and replaced with "Brewster Stormwater
Management Regulations." Finally "Schedule of Inspection and Maintenance," paragraph 1, second to last line states in
part "...any fines shall be removed..." I don't know what 'fines' means?
3) I also figured out how the drainage would be conveyed from the driveway trench drains to the forebap/ bioretention
("D"). Does "D" just represent a drainage path/ grass channel or is it actual piping? I assume the former.
Thank you, Jon Idman
Jonathon D. Idman
Brewster Town Planner
(508) 896-3701 x. 1150
-----Original Message-----
From: Jonathon Idman
Sent: Wednesday, April 12, 2023 5:55 PM
To: Danny Gonsalves <dgonsalves@downcape.com>
Subject: RE: Whiffletree LLC Stormwater Application, 0 Whiffletree Avenue, Brewster
Thanks for dropping this off Danny: we don't need a new check.
A few comments:
1. I don't see the grass channel location denoted on the site plan. I assume that the grass channel is what is supposed to
conveys site run-off (but more importantly the driveway run-off) to the forebay pre-treatment, then to the rain garden,
etc. in the north part of the site.
2. Is the north forebay/ rain-garden sized to store the 1st inch of run-off from the driveway? Under the Brewster regs,
this is the primary way to evidence TSS/ TP treatment for new construction. I understand that the MA handbook is a bit
different and you can largely rely on O&M in the Handbook to meet treatment reqs.
3. I also assume NRCS has the soil type on-site as Plymouth or the like?
4. Are you going to provide a plant list for the rain garden?
Jonathon D. Idman
Brewster Town Planner
(508) 896-3701 x. 1150
-----Original Message-----
3
From: Danny Gonsalves <dgonsalves@downcape.com>
Sent: Wednesday, April 12, 2023 3:20 PM
To: Daniel A. Ojala, PE PLS <downcape@downcape.com>; Jonathon Idman <jIdman@brewster-ma.gov>
Cc: Priscilla Leclerc <priscilla@downcape.com>
Subject: RE: Whiffletree LLC Stormwater Application, 0 Whiffletree Avenue, Brewster
Jon,
Revised plans, drainage calculations, and application attached. Will you need a new check?
We will drop off hard copies of everything tomorrow.
Thanks,
Danny E. Gonsalves, PE
Professional Engineer
Down Cape Engineering, Inc.
Tel: 508-362-4541
Fax: 508-362-9880
This Electronic Message contains information from the engineering firm of down cape engineering, inc., which may be
privileged. The information is intended to be for the use of the addressee only. If you are not the addressee, note that
any disclosure, copy, distribution or use of the contents of this message is prohibited.
-----Original Message-----
From: Daniel A. Ojala, PE PLS <downcape@downcape.com>
Sent: Wednesday, April 12, 2023 3:02 PM
To: Jonathon Idman <jIdman@brewster-ma.gov>
Cc: Danny Gonsalves <dgonsalves@downcape.com>
Subject: RE: Whiffletree LLC Stormwater Application, 0 Whiffletree Avenue, Brewster
Hi, Jon:
Bringing over updated plan now with forebays and vegetated rain gardens with overflow leaching, will include below
language.
Thanks,
Daniel A. Ojala PE, PLS
down cape engineering, inc.
939 Main St. Yarmouthport, MA
1-508-362-4541 x106
1-508-362-9880 fax
downcape@downcape.com
This Electronic Message contains information from the engineering firm of down cape engineering, inc., which may be
privileged. The information is intended to be for the use of the addressee only. If you are not the addressee, note that
any disclosure, copy, distribution or use of the contents of this message is prohibited.
-----Original Message-----
4
From: Jonathon Idman <jIdman@brewster-ma.gov>
Sent: Friday, March 24, 2023 12:14 PM
To: Daniel A. Ojala, PE PLS <downcape@downcape.com>
Subject: RE: Whiffletree LLC Stormwater Application, 0 Whiffletree Avenue, Brewster
Hi Dan,
Do you have any update on this?
Thank you, Jon
Jonathon D. Idman
Brewster Town Planner
(508) 896-3701 x. 1150
-----Original Message-----
From: Jonathon Idman
Sent: Thursday, March 2, 2023 10:28 AM
To: downcape@downcape.com
Subject: RE: Whiffletree LLC Stormwater Application, 0 Whiffletree Avenue, Brewster
Hi Dan,
Good to speak with you yesterday.
At a minimum, stormwater systems subject to Brewster Stormwater permitting have to meet the MA Stormwater
standards.
As we discussed, one of the unique features of the Brewster Stormwater Management Bylaw and Regulations, and how
it differs from the MA Handbook and Standards, is increased treatment requirements. I've attached a copy of Brewster's
Regulations; the treatment requirements appear in Section 6.2B. I imagine that the biggest change to the Whiffletree
application to meet the treatment reqs would be to provide a separate 'system' from the roof run-off with treatment for
the driveway catchment area prior to recharge or infiltration, with some sort of vegetated structural BMP. Given the
downgradient wetland areas and sheetflow associated with landscape areas, I think the raingardens as currently
proposed are still good ideas, in addition to treatment for the driveway areas.
Also, I'm sure it's reflected in the hydrocad report but it would help to state expressly in the narrative in the application
re: MA Stormwater Standard 2, as required under the MA Handbook, that the site development was analyzed under the
100 yr, 24 hr storm and, with the stormwater systems as designed, will not result in increased off-site flooding (volume).
The current language you have in the application, consistent with the MA Handbook, deals with meeting peak discharge
rates under the 10 yr, 24 hr storm.
Please let me know when you expect to have these supplements so we know when to post/ schedule the pl bd mtg to
consider the application.
Jonathon D. Idman
Brewster Town Planner
(508) 896-3701 x. 1150
-----Original Message-----
From: Priscilla Leclerc <priscilla@downcape.com>
Sent: Wednesday, March 1, 2023 3:25 PM
5
To: Jonathon Idman <jIdman@brewster-ma.gov>; Lynn St. Cyr <lstcyr@brewster-ma.gov>
Cc: Daniel A. Ojala, PE PLS <downcape@downcape.com>; Danny Gonsalves <dgonsalves@downcape.com>;
mwallacem@yahoo.com; Craig Ferrari <craig@downcape.com>; Heatherlee Vermette <heatherlee@downcape.com>;
Heather Marie Cornell <hcornell@downcape.com>
Subject: Whiffletree LLC Stormwater Application, 0 Whiffletree Avenue, Brewster
Hello Jon and Lynn,
Attached is the Stormwater Application, Site Plan Set, and the Stormwater Report for Whiffletree LLC, 0 Whiffletree
Ave., Brewster.
The paper version will be delivered shortly.
Regards,
Priscilla Leclerc
Down Cape Engineering, Inc.
939 Route 6A
Yarmouth Port, MA 02675
508-362-4541
priscilla@downcape.com
off 508-362-4541
fax 508-362-9880
downcape.com
PB Minutes 04/12/23 Page 1 of 6
Brewster Planning Board
2198 Main Street
Brewster, MA 02631-1898
(508) 896-3701 x1133
brewplan@brewster-ma.gov
MEETING MINUTES
Wednesday, April 12, 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.
6:35 PM CITIZEN’S FORUM
No citizen comments.
6:36 PM PUBLIC MEETING
Major Stormwater Management Permit, Case No. 2023-10: Applicant/Owner: William and Laura Brondyk 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 5 Tanglewood Road and shown on Tax Map 73, Parcel 86, pursuant to Brewster Town
Code Chapter 272 and its accompanying Regulations.
Documents:
03/20/23 Existing Condition Plan
03/22/23 Stormwater Management Permit Application
03/22/23 Stormwater Management Report and Operations & Maintenance Manual
03/27/23 Site Plan-Stormwater Design
03/29/23 Staff Report
John M. O’Reilly, P.E., P.L.S. of J.M. O’Reilly & Associates, Inc. was present on behalf of the Applicant William and Laura
Brondyk. Applicant William Brondyk was present via Zoom. O’Reilly stated that the property is currently under
development as a building permit was previously issued. O’Reilly worked with the topography of the lot in his design for
stormwater management and had to design around a house approximately 70% built, a driveway that was installed and
graded, and two boulder retaining walls on the southside of the building. There is a rear area of the lot that was cleared
to provide a septic system. There are three components to the drainage: a driveway component utilizing a trench, roof
runoff controlled by drywells, and a swale with bottom drain which will feed into a subsurface infiltration area provided
at the back eastern side of the property. The system was designed based on a 100-year storm. The design does not
meet the phosphorous reduction requirements due to the stonewalls on the property. Surface water will be collected in
the swale which will provide some treatment.
Taylor stated that she would support the request for a partial waiver to the phosphorous reduction requirement.
Michaels confirmed with O’Reilly that due to the topography a swale could not be added to help with reduction of
phosphate. O’Reilly stated that the existing stonewalls also impede phosphorous reduction. Degen asked O’Reilly for an
estimate of how much phosphorous was being removed and he estimated removal at approximately 30%. Freitas asked
for clarification on the existing spillway and how water would drain around the retaining walls. O’Reilly responded that
a swale would be used to direct water around the retaining walls and driveway. Additional boulders or a splashpad may
be used to direct water as well. Idman stated that the wall may also help to slow the velocity of the water.
Approved:
Vote:
PB Minutes 04/12/23 Page 2 of 6
Motion by Michaels to Approve Major Stormwater Management Permit, Case No. 2023-10, subject to the Conditions
Required by the Stormwater Management Regulations and including the Partial Waiver Requested. Second by Degen.
Vote: 7-0-0.
6:45 PM PUBLIC MEETING CONTINUED
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.
Documents:
10/25/2022 Existing Condition Site Plan
03/24/23 Stormwater Management Permit Application
03/31/23 Proposed Site & Sewage Disposal System Design
03/31/23 Stormwater Management Report and Operations & Maintenance Manual
03/31/23 Staff Report
John M. O’Reilly, P.E., P.L.S. of J.M. O’Reilly & Associates, Inc. was present on behalf of the Applicant Michael and Mary
Sharon. Jim Hagerty, Reef Builders, was also present. O’Reilly stated that the project includes removal of an existing
single-family home and construction of a new single-family home with attached garage, landscaping, and driveway.
Stormwater management has been addressed through the use of a swale with an inlet leading to a subsurface
infiltration system. A catch basin is also being utilized near the driveway for driveway runoff. There is also a catch basin
in the backyard. O’Reilly stated that no waivers are being requested.
Michaels asked whether a pervious driveway was being installed. Idman responded that the plan shows a proposed
gravel driveway. Michaels noted the proposed pressure treated timber retaining wall and asked if pressure treated
wood products were okay to put in the ground. O’Reilly stated that at one time pressure treated products contained
arsenic but no longer do. The new product is more environmentally friendly. In his experience, Conservation
Commissions do allow pressure treated stairs and decks. Taylor noted the 100’ buffer near the property. O’Reilly stated
that the timber wall is an additional 120’ from the buffer.
Motion by Bebrin to Approve Major Stormwater Management Permit, Case No. 2023-11, subject to the Conditions
Required by the Stormwater Management Regulations. Second by Wentworth. Vote: 7-0-0.
6:52 PM PUBLIC MEETING CONTINUED
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.
Documents:
09/20/22 Existing Conditions Plan
03/22/23 Stormwater Management Report and Operations & Maintenance Manual
03/27/23 Sewage & Stormwater Site Plan
03/24/23 Stormwater Management Permit Application
03/30/23 Staff Report
John M. O’Reilly, P.E., P.L.S. of J.M. O’Reilly & Associates, Inc. was present on behalf of the Applicant Christopher and
Gillian Platts. The Applicant was also present. O’Reilly stated that this was a vacant piece of property located directly
across the street from the transfer station and abutting Lower Mill Pond. The edge of the wetland is identified on the
plan. A four-bedroom house is proposed approximately 140’ back from the pond. The house will include solar and
PB Minutes 04/12/23 Page 3 of 6
green construction. The project is designed for a 100-year storm. The roof runoff will be handled with drywells. The
runoff from the driveway and the front landscaping will be handled by two meandering swales with infiltration trenches.
The swales will help deal with nutrient loading. A pre and post flow discharge rate was run and met at the 100-year
storm. The Applicant has been working with his neighbor to the east on tree removal.
Freitas asked about the location of the driveway over the property line and O’Reilly responded that the Applicant and his
neighbor to the east share a driveway as do other neighbors on Run Hill Road per the subdivision plan approved by the
Planning Board. Bebrin asked about the proposed greenhouse and the Applicant clarified that the house would be
constructed in an environmentally friendly way. There is no greenhouse proposed on the property. Michaels asked
about potential failures with the BMPs due to the steepness of the property and the impact a failure would have
including possible erosion. O’Reilly stated that he did not think a failure would cause immediate scouring and if there
was an issue there would be time to repair it. Taylor asked if there would be a walk out basement and the Applicant
confirmed there would be a walk out basement. Taylor noted the 100’ buffer is very close and that the Applicant should
speak to the Conservation Department before doing any work back there including pruning or planting. The Applicant
stated that he has been in touch with the Conservation Department. Idman stated that the low point that exists near
the swales could be used for overflow or exfiltration. O’Reilly responded that using the low point as Idman suggested
was considered but the low point does straddle the property line and he did not want to create a nuisance to the
neighboring property. There was a discussion regarding a possible agreement with the neighbors to direct stormwater
to the low point that straddles both properties. O’Reilly stated that he would work with staff on a revision to the plan if
it became necessary.
Motion by Bebrin to Approve Major Stormwater Management Permit, Case No. 2023-12, subject to the Conditions
Required by the Stormwater Management Regulations. Second by Wentworth. Vote: 7-0-0.
7:06 PM PUBLIC MEETING CONTINUED
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.
Documents:
09/27/22 Building Rendering with Floor Plan
11/01/22 Application
11/09/22 Report from Staff Review
02/06/23 Existing Condition Site Plan
02/08/23 Elevations and Floor Plans
02/23/23 Proposed Drainage Condition Plan
02/28/23 Lighting Specifications
03/01/23 Minot Stormwater Permit Application
03/0823 Minor Stormwater Management Permit
03/13/23 Letter from Natural Heritage & Endangered Species Program
03/23/23 Proposed Conditions Plan
03/27/23 Conceptual Landscape Plan
04/05/23 Staff Report
04/05/23 Revised Summary of Reasoning
04/12/23 Department Review Comments
Attorney Marian Rose of the Law Office of Singer & Singer, LLC was present on behalf of the Applicant Remington’s
Trust, Peter Lomenzo and Kerry Barton, Trustees. The Applicant was present via Zoom. Rose summarized the proposed
project. Rose explained that the Applicant lives on the property in the main dwelling. Also, on the site is a large
PB Minutes 04/12/23 Page 4 of 6
structure the Applicant refers to as the barn which is unfinished inside. The Applicant would like to repurpose the barn
as a 3-bedroom bed & breakfast including 1 handicap accessible bedroom on the main floor. There are two bedrooms
upstairs as well as a kitchen which will be used to prepare a morning meal. Rose stated that the Applicant has filed a
special permit application with the Zoning Board of Appeals to operate as a bed & Breakfast. Rose noted that except for
a deck on the rear of the barn, there will be no exterior construction to the barn. There will be a pool, pool deck, and
small pool house constructed in the center of the property. There is a driveway between the barn and the closest
neighbor.
Rose stated that the project went through staff review and as a result the site plan was revised to widen the driveway
and provide a turnaround for emergency vehicle access. The Applicant also went through review with the Old King’s
Highway Historic District Committee for past issues and for the proposed changes to the property. The Applicant also
worked through a Massachusetts Endangered Species Act (MESA) issue and has provided a letter from MESA stating that
the project is exempt from MESA review. Rose stated that because so much of the property contains gravel, the
Applicant applied for and was issued a minor stormwater management permit.
Rose stated that the lot is oversized. The main dwelling is conforming as to setbacks and the barn is conforming to
setbacks as an accessory structure. Rose stated that the proposed lighting is downward casting and non-glare. The
screening on the property is mature, dense, and wide. The barn also provides screening to the pool where the main
activity will take place on the property. Rose stated that parking is conforming. The Applicant has taken environmental
considerations into account with this project. There will be limited disruption to the neighbors as the proposed work to
the barn is mostly interior work.
Degen asked if the bed & breakfast was exclusive to the barn or whether the Applicant would be opening their home to
customers. Rose stated that the bed & Breakfast was proposed as 3 bedrooms in the barn only. Bebrin stated that she
appreciated the complete application provided by the Applicant. She noted that the property is not visible from A. P.
Newcomb Road. Bebrin stated that the barn is well situated and she agrees it helps provide screening for the pool. The
landscape plan adds trees. Bebrin stated that there is ample space for the Applicant to handle the proposed project.
Bebrin believed a turnaround for the Fire Department was needed. Wentworth asked if a dumpster was proposed in the
area for refuse as there may be difficulty accessing that area for removal. Rose responded that a screened in box was
proposed in that area not a dumpster.
Michaels confirmed with Rose that the Applicant qualified for a minor stormwater permit due to the area already being
disturbed. Michaels stated that the property may benefit from additional stormwater facilities with the additional
pavement being added to the site with the pool, patio, and pool house. He expressed concern that a drainage area was
located close to the refuse area. Michaels suggested reviewing the lights on the south side of the barn. He was
concerned that the lights may be visible to the abutter because of how high the property sits. Michaels also asked if
there would be a sign installed for the bed & breakfast. Rose responded that a sign was not discussed but that she is
aware that there is a permitting process for signs.
Taylor noted comments received from the Conservation Administrator calling out the wetland across the street and for
the Applicant to be mindful of siltation into the road. Taylor asked where the pool water goes and stated that it cannot
be pumped into the woods. Idman stated that he did not see a backwash pit for the pool in the application. He noted
that a minor stormwater permit was issued and the Applicant was put on notice that there are specific procedures that
need to be followed to empty the pool and that the DPW should be contacted about those procedures. He also noted
that infiltration trenches were added to help with stormwater management. Idman stated that the stormwater from
the pool is not going to go off site. Taylor stated that the landscape plan was vague and asked if native species were
being used. Rose responded that native species were being used directed Taylor to the most recent landscape plan
which provided the species of proposed flowering trees to be added. She also stated that some ornamental plantings
would be used. Taylor stated that the Applicant had to be careful not to have non-native species spreading into the
PB Minutes 04/12/23 Page 5 of 6
woods. Idman stated the Planning Board could decide to add a condition to the site plan review decision that native
species be planted.
Carol Marie Anderson, Long Pond Road, expressed concern that land was being cut into to add pools. She urged the
Planning Board to be more conservation minded and to protect our “sweet places and sweet spaces”. She gave an
example of a property on 6A that installed a pool without proper permitting. The owner told neighbors a play area for
the children was being installed but now tit appears a bed & breakfast is being run from the property.
Bob Foscaldi, A.P. Newcomb Road, stated that he was the neighbor on the south side, and he was concerned with the
lighting being used on the back of the barn specifically if they were going to be on all the time or if they would be low
enough on the barn to not shine on his property. He also has zoning concerns which he will discuss with the zoning
department. He thinks a bed & breakfast will work out okay, but he does have concerns which he will address with the
zoning department. Rose responded to Foscaldi’s comments stating that there were no lights on the southern side of
the barn. Rose believed that the Applicant would agree to have a motion sensor on the lights so they do not remain on
overnight.
Taylor suggested a bike rack be added on site near the barn. Idman noted that the lights are downcast, shielded and of
residential scale. Idman suggested it would be atypical to put a timer on such a light. Hillis-Dineen stated that a motion
sensor for the lights could create a nuisance. Idman stated that it was incumbent upon the owners to handle the
lighting. They also are required to provide a morning meal to operate as a bed & breakfast.
Bebrin stated that there were department comments on this project received from various town staff and they are
available for public review.
Motion by Michaels to Approve Site Plan Review, Case No. 2022-09, subject to the Conditions, as discussed. Rose
asked for clarification on the conditions and the bike rack was noted. Second by Bebrin. Vote: 7-0-0.
7:36 PM PLANNING DISCUSSION
Planning Board Application Forms. The Planning Board will review, discuss, and may vote to approve revised application
forms.
The Planning Board reviewed revised application forms prepared by staff and provided comments. There was discussion
regarding a Planning Board policy requiring site plans to be stamped by a professional land surveyor or engineer. Idman
stated that the revised application form would replace 7-8 applications that currently exist. The application requires the
applicant to have some familiarity with the zoning bylaw in order to file the appropriate application under a specific
bylaw section. Michaels suggested a flow chart may be helpful to guide applicants through the application process. He
will share a flow chart type document he is working on with staff. The Planning Board suggested some revisions to the
form. They will continue their review and discussion at a later meeting.
7:57 PM PLANNING DISCUSSION CONTINUED
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.
Michaels summarized the data provided in the 2022 and 2023 Stormwater Permit spreadsheets. In this time period,
there was an intake of 14 major and 16 minor stormwater permits. Degen stated that approximately 60% of the permit
applications received to date were minor and 40% major. Michaels suggested that waivers be tracked and included on
the spreadsheets.
Idman suggested the Planning Board hold a public hearing to discuss stormwater and provide a report on the number
and types of permits and other details to the public and take comments from the public. That hearing would be more of
a policy discussion. Idman also noted that Griffin Ryder, DPW Director, is a professional engineer and has agreed to
attend a Planning Board meeting to discuss stormwater management specifically HydroCAD reports and how to use the
PB Minutes 04/12/23 Page 6 of 6
data provided by those reports. Michaels noted that Minnesota and Massachusetts are the only two states that have
the recharge standard.
Jim Hagerty addressed the Planning Board regarding concerns he had with the requirements of the stormwater bylaw.
He stated that cost was a concern and referenced a project on Blueberry Pond Drive that cost $40,000 including
engineering costs. He also stated that a project that was approved at tonight’s meeting of the Planning Board was
expected to cost approximately $40,000 as well.
8:04 PM APPROVAL OF MEETING MINUTES
Approval of Meeting Minutes: March 8, 2023.
The Board reviewed the March 8, 2023 meeting minutes. Motion by Bebrin to Approve March 8, 2023 Meeting
Minutes. Second by Degen. Vote: 7-0-0.
8:05 PM COMMITTEE REPORTS
Degen summarized the Select Board meeting from April 3, 2023 including that a Pre-Town Meeting session is scheduled
for April 18th at 6 pm, a roundtable discussion will take place with school and town officials on the proposition 2 ½
override, the pool advisory committee has come up with policies and notices were sent out to residents regarding pool
passes, the Kitchen Café received an annual liquor license, the Drummer Boy Park Committee is beginning work, and
there will be two proposition 2 ½ overrides for consideration at town meeting. Bebrin stated that the Vision Planning
Committee has received a revised charge and is focusing on community education and revisions to the local
comprehensive plan previously drafted. Bebrin also stated that the Bay Property Planning Committee will be hosting a
public forum on site on May 20th. Michaels stated that the Water Quality Review Committee met on March 24th to
review renewals for Pleasant Bay Nursing and Rehabilitation and Secure Storage. Hillis-Dineen stated that the
Affordable Housing Trust discussed and voted on numbers to apply to the CPC and received updates on projects
including rehabilitation of a home to keep it on the subsidized housing inventory. There is a ribbon cutting ceremony on
May 9th at Brewster Woods. Idman updated the Planning Board on the Millstone Road housing development which is
currently before the Zoning Board of Appeals. He noted that a reserved parking area is being required and all parking
spaces are at least 9’ x 19’ with some being 10’ x 20’.
8:13 PM FOR YOUR INFORMATION
The Planning Board reviewed documents received in the FYI section of their packets including a public hearing notices
from the Harwich Planning Board, Chapter 91 notices, information on an upcoming MCPPO webinar, and information on
the May 9th ribbon cutting event at Brewster Woods. Idman summarized the Chapter 91 program for the Planning
Board.
8:16 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
Wentworth asked when the Planning Board would be meeting with Griffin Ryder and stakeholders on stormwater
management. A date is not scheduled yet. Idman stated that he would also like to begin discussion on accessory
dwelling units.
Motion by Degen to Adjourn. Second by Bebrin. Vote: 7-0-0.
Meeting adjourned at 8:18 PM. Next Planning Board Meeting Date: April 26, 2023.
Respectfully submitted,
__________________________________________
Lynn St. Cyr, Senior Department Assistant, Planning