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HomeMy Public PortalAboutWater Quality Review Committee -- 2023-02-24 Minutes"OvO vta W S"iii/i�fTOWN OF BREWSTER FYE` ER4°�9 % Water Quality Review Committee 2198 Main Street Brewster, Massachusetts 02631-1898 � ai O (508) 896-3701 x1121 r = a' a FAX (508) 896-8089 41 Date Approved: 5/26/23 Vote: 6-0-0 TOWN OF BREWSTER MINUTES of WATER QUALITY REVIEW COMMITTEE Friday, February 24, 2023 at 9:00 AM VIRTUAL MEETING Attending Committee Members: Vice Chair Amy von Hone convened the Water Quality Review Committee meeting at 9:OOAM with members Kimberley Crocker Pearson, Chris Miller, Robert Michaels, and Davis Walters (9:05) and deemed there to be a quorum. Members Absent: Chair Cynthia Baran, Ned Chatelain Guests: John Tadema-Wielandt, Natural Systems Utilities; Daniel Serber, NextGrid, Inc. Item 1: Continued Discussion and Possible Vote on 989 Freemans Way — Solar Array and Landfill Closure, John Tadema-Wielandt of Natural Systems Utilities Amy said, in conversation with the Town Planner, for clarity moving forward this committee will reference this property by the assessor's Map 119 and parcels 6 & 8, as 989 Freemans Way refers to the Brewster VFW property. She then went on to give a brief summary of this Agenda Item: she took part in a meeting on Feb 10th where we met with John and Dan from National Grid to discuss the process of the landfill closure along with Jon Idman, Town Planner, and Dave Bennett. They discussed where the landfill closure process was currently and how the site would be monitored going forward. John Tadema-Wielandt then addressed the committee and introduced his client, Dan Serber from NextGrid. At our last meeting, we discussed the requirements for the sampling of the pit, as outlined in the post closure use permit and that includes soil sampling for various analysis after the wood waste material is removed. Groundwater is sampled on an annual basis on the four monitoring wells. We have collected two soil samples and the results report everything as non -detect or below any standards. Groundwater has also been sampled and those results report all concentrations as non - detect or below any standards. Moving forward, NextGrid has agreed to continue groundwater monitoring beyond the submittal of the post closure completion permit until that time where jurisdiction transfers to the WQRC. Then the WQRC can make any changes they deem necessary to the monitoring plan. The soil sampling will continue as per the permit and the removal of material is scheduled to begin on Monday. WQRC Meeting Minutes 2-24-2023 Amy said John had submitted an updated letter included in the packet explaining what he just reviewed, and she included a sample of a deed recording of a property off Cape that went through a landfill closure through DEP to give an idea of requirements. Amy then asked Davis to comment on the modifications of what is going on at the site because of the additional fill that was found and is being addressed. They didn't believe the changes would warrant a change in the Planning Board decision. She wanted to give Davis an opportunity to weigh in on that as it is his final decision as Zoning Officer. Davis addressed the committee. He feels strongly that the project as proposed doesn't warrant any changes to the Planning Board decision or related permits. The changes are not significant relative to zoning matters. Rob asked what change of use might trigger a Planning Board re -visit. Amy said it was more an issue of change in topography which would have tied in to any additional berming to be done with excess material to stay on site. Davis agreed and said there is no change to the extent of the impervious surface, he doesn't see the changes as significant. He doesn't anticipate any changes in effect on the site. Chris said he doesn't think there are any significant changes. He likes the fact that the organic portion of the material found is going to go into a berm and not be buried. He likes the comments in the DEP letter where they are going to try to segregate out any of the waste products like plastic and trash, and again, as he reiterates what he said last time that if anything like telephone poles are found, that might have a chemical material on it, that you segregate it and get it off site. That is just good practice as they do it anyway. He is satisfied. Davis agreed with that as well. There is nothing else to consider. Amy said Jon Idman was hoping to be here, but at the meeting a couple weeks ago, he recommended to the applicant that they try to maintain as much of a tree buffer as possible with the plans proposed. Kim asked if there would be additional soil sampling as the project goes forward. John T -W answered, yes, as the material is removed, the natural material underneath will be collected and sampled, screened for any organic vapors and then we will submit a discreet sample if we get a hit on that; if everything is pretty consistent, we will composite the samples and submit that to the lab. Kim said she has mixed feelings about composites, if you are trying to decide if this rises to a level of contaminations of concern, she has questions. She wondered how they would decide which they would do. John T -W said it is usually obvious as they go through it, and it will go to the lab separately. Kim asked if someone with his experience would be onsite to interrogate further. John T- W answered, yes. Amy said she wanted to emphasize the project is so much more environmentally better than what has been going on for years at that site and would like to express her support for what is going on now. MOTION to support the revised letter that NSU has provided to us that has also been submitted to DEP for their inclusion in the process of the landfill closure. And to support the decision of the Building Commissioner that this does not need to be resubmitted back to Planning Board for modification of their original decision and the WQRC anticipate our usual review of Certificate Renewals at the time that this is ready to be done. Future monitoring will be discussed and determined at WQRC certificate renewal. MOVED by Chris Miller. Kim Pearson second. Roll Call Vote: Kimberley Pearson — yes, Robert Michaels — yes, Chris Miller — yes, Davis Walters — yes, Vice Chair von Hone — yes VOTE: 5 -yes 0 -no Chris said we talked about a Water Quality permit — he doesn't think we need a new permit until after construction of the new facility. Amy agreed. She asked about the issuance of the original certificate as it came from the Planning Board, but it hasn't been issued yet so the WQRC would not yet take WQRC Meeting Minutes 2 2-24-2023 over review. Davis agreed. Everyone else was comfortable with that. Rob asked about the voluntary continuance of the groundwater monitoring — do we want to quantify the time period? Amy said as far as time frame, she believes once we take over review of the certificate renewal, we will be making the determination prior to our WQRC renewal. Chris said he doesn't have the Planning Board Certificate, but he doesn't think anything has changed. Amy said the applicant has volunteered even though it isn't required by DEP. Davis asked John if he was comfortable with the idea of looking at one more round of well sampling? John T -W said he was comfortable with that if Dan was as well. He said we are expecting to move quickly. He then said the DEP called him and said DEP wanted to make sure the Town was comfortable with placing a deed note on the property for the material remaining on site. Chris said he isn't sure how much concern we would have, it might be more that the Board of Health could review it. Amy said that was fine, and she would consult with Jon Idman as a regulatory board to review it, not WQRC. The committee agreed. Amy said she could discuss with John T -W about when they would need something in writing. John T -W answered the project can process regardless but within a few weeks would be good. Item 2: Continued Discussion and Possible Vote on 3 Year Certificate Renewal for Dream Day on Cape Cod Amy said this came before us last month and there was a question about the fertilizer being used on the property. She reached out to the facilities manager at the camp, and he confirmed the fertilizer being used is for the ball field that they have and is the only green they have over there. Amy included the email in the packet. They fertilize in the spring and then at the end of the season. Chris said they indicated the fertilizer they are using, and it is phosphorus containing. Under State Law, you must do soil testing before each application of fertilizer and can only go in if it is required by the test. If they would change that fertilizer to a non -phosphorus containing type, he would be satisfied. It has been outlawed to use except for starting a new lawn. This isn't new, they are just maintaining. It has been quite a few years since the State has outlawed this type of fertilizer. Davis said we are talking about such a small quantity; it may be old fertilizers. If there would be a requirement for testing, perhaps the county extension could help with that. Chris said it is near Nickerson State Park in a remote area near our wells. Amy said we need to keep this in perspective. Chris said our local bylaw prohibits the application of fertilizer with phosphorus for this kind of property. A golf course has different rules under the State than a recreational ball field. We should ask them to change the type of fertilizer. Rob asked if we might ask if he has a 10 -year supply or if it is easy for him to purchase a different type. Chris said we cannot allow him to use the last few bags because it is against State and local bylaws. Kim said maybe he just needs to be made aware. Amy said she agreed with that and said between Davis and Amy they would contact the applicant to clarify. Davis agreed. MOTION to approve Dream Day on Cape Cod Certificate renewal. MOVED by Kimberley Pearson. Rob Michaels second. Roll Call Vote: Kimberley Pearson — yes, Robert Michaels — yes, Chris Miller — yes, Davis Walters — yes, Vice Chair von Hone — yes VOTE: 5 -yes 0 -no Item 5: Matters Not Reasonably Anticipated by the Chair - none Next Meeting: March 24, 2023 9AM WQRC Meeting Minutes 2-24-2023 MOTION to adjourn the meeting at 9:39AM. MOVED by Kim Pearson. Robert Michaels second. Roll Call Vote: Kimberley Pearson — yes, Robert Michaels — yes, Chris Miller — yes, Davis Walters — yes, Vice Chair von Hone — yes VOTE: 5 -yes 0 -no Respectfully Submitted by: Beth Devine Action items: Davis - • keep the committee informed about CS&R and the high levels of manganese and their continued groundwater monitoring (carry-over) • keep committee updated re: boat storage violation and next steps (carry-over) Amy - • look into Grow Lab Certificate and next steps (carry-over) • touch base with Dream Day regarding fertilizer use on property (Amy & Davis) • work with Jon Idman and other staff to come up with a new procedure or recommendations for certificate renewals to bring to the committee to consider at a future meeting (carry-over) Beth - • send email to approved certificate applicants Packet of additional documents available on the website for public review WQRC Meeting Minutes 4 2-24-2023