HomeMy Public PortalAboutPlanning Board -- 2024-02-28 Minutes0
Brewster Planning Board Approved: 3/13/24
2 f ELOERL 969
2198 Main Street Vote: 7-0-0
Brewster, MA 02631-1898
(508) 896-3701 x1133 -
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brewplan@brewster-ma.gov
MEETING MINUTES
Wednesday, February 28, 2024 at 6:30 pm
Brewster Town Office Building
Chair Amanda Bebrin convened a meeting of the Planning Board at 6:30 pm with the following members participating:
Charlotte Degen, Tony Freitas, Madalyn Hillis -Dineen, Rob Michaels, Elizabeth Taylor, and Alex Wentworth. Also
participating: Jon Idman, Town Planner, and Lynn St. Cyr, Senior Department Assistant. Bebrin declared that a quorum
of the Planning Board was present. The Meeting Participation Statement and Recording Statement were read.
6:31 PM PUBLIC ANNOUNCEMENTS AND COMMENT
None.
6:32 PM PUBLIC MEETING
Major Stormwater Management Permit Case No. SWMP2024-02: Applicant/Owner: My Three Sons Realty, LLC,
Timothy Holmes, Manager, has submitted a major stormwater permit application for property located at 0 Crowells Bog
Road and shown on Tax Map 61, Parcel 11, pursuant to Brewster Town Code Chapter 272 and its accompanying
Regulations.
Documents:
• 01/30/24 Stormwater Operations and Maintenance Plan
• 01/30/24 Long Term Pollution Prevention Plan
• 01/30/24 Drainage Calculations
• 01/30/24 Existing Drainage Area Sketch Plan
• 01/30/24 Proposed Drainage Area Sketch Plan
• 01/30/24 Existing conditions Site Plan
• 01/30/24 Site Plan
• 01/30/24 Erosion and Sediment Control Site Plan
• 01/30/24 Detail Sheet
• 01/31/24 Stormwater Management Permit Application
• 02/07/24 Staff Report with comments from Conservation Administrator
• 02/28/24 Revised Stormwater Narrative
Daniel Ojala, PE, PLS of Down Cape Engineering, Inc. was present on behalf of the Applicant My Three Sons Realty, LLC.
Applicant Timothy Holmes was also present. Ojala explained a single-family home is proposed on the lot. The lot is
deep and wide. The Applicant proposes to place the house to the back of the lot at a high point. The major stormwater
permit threshold is triggered due to the amount of proposed disturbance for the home and grading. The proposed
system is comparable to a commercial style drainage system to ensure that the impervious surfaces are properly drained
into areas that can infiltrate on site to avoid the wetlands, neighboring properties, and the street. Ojala stated that roof
drywells are proposed which will tie into a deep sump catch basin to handle roof run off. He stated that run off from the
driveway will be pitched to the side into a forebay. There is also a natural dry kettle hole on the west side of the lot
which opens to a good size area with rain garden plantings. Ojala stated that overflow will be handled by a subsurface
drainage pit. A swale and forebay are also proposed closer to the road on the north side. Ojala also stated that there is
a natural dry kettle hole at the front of the site. A silt fence is proposed about 100' off the wetlands.
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Ojala noted a misstep early on when machine tracks went close to the isolated vegetated wetland. The issue was
mitigated with assistance from the Conservation Department. Ojala stated that analysis shows that storm events will be
contained on site with very little run off. He believes the application meets stormwater regulations. Ojala stated the
pervious soils will help with infiltration. He estimated that a 2' deep puddle would be gone in a few hours. He stated
that the vegetation and soils will help bind up phosphates. The Applicant provided a revised stormwater narrative with
information showing that the proposed stormwater system meets the requirement for phosphorous and nitrogen
removal.
Idman stated that a temporary basin exists on the east side of the property close to the 100' buffer. Based on
comments provided by the Conservation Administrator, Idman suggested a condition of the decision include a
revegetation plan of the area. Freitas confirmed with the Applicant that he was willing to revegetate the area where the
temporary basin is located and that the project would remain outside the buffer unless permission was granted through
Conservation. Degen asked for clarification on the location of the proposed driveway. She also confirmed with the
Applicant that a perimeter plan will be prepared, recorded at the Registry of Deeds, and provided to the Building
Department. Michaels noted the length of the driveway and asked about the management of run off from the driveway.
Ojala responded that two leach pits were proposed to help handle driveway run off. He stated that it is estimated that
one pit can handle % acre of asphalt. An overflow basin and forebay are also proposed to assist with driveway run off.
Michaels confirmed with Ojala that the stormwater design is sufficient to handle the runoff. Ojala also noted that there
is 4' of storage capacity in the kettle hole. Michaels asked if the temporary bioretention area could be moved away
from the 100' buffer. Holmes stated that he spoke to the Conservation Administrator and agreed to move the
bioretention area north away from the 100' buffer. Taylor stated she appreciated the Applicant's use of rain gardens.
Motion by Degen to Approve Major Stormwater Management Permit Case No. 2024-02 subject to the Conditions
Referenced in the Staff Report Dated February 7, 2024 and additionally that the Temporary Bioretention Basin Be
Moved Away from the 100' Wetlands Buffer, as discussed. Second by Michaels. Vote: 7-0-0.
6:52 PM COMBINED PUBLIC MEETING
Maim Stormwater Manaf;ement Permit, ase No. SWMP2024-03: Applicant/Owner: The Free Sea Turtle, LLC, Paul
Wallace, Manager, has submitted a major stormwater permit application for property located at 162 Underpass Road
and shown on Tax Map 77, Parcel 9, pursuant to Brewster Town Code Chapter 272 and its accompanying Regulations.
Major Stormwater Management Permit Case No. SWMP2024-04: Applicant/Owner: 162 Underpass LLC, Charles
Whitcomb III, Manager, has submitted a major stormwater permit application for property located at Underpass Road
and shown on Tax Map 77, Parcel 10 and 60, pursuant to Brewster Town Code Chapter 272 and its accompanying
Regulations.
Documents:
• 11/22/23 TSS Removal Calculation Worksheets
• 02/01/24 HydroCAD Report
• 02/02/24 Checklist for Stormwater Report
• 02/02/24 Proposed Site Plan with Drainage
• 02/02/24 Grading -Drainage Details
• 02/02/24 Proposed Sewage Disposal Plans
• 02/02/24 Proposed Site Plan -Fire Truck Pathway
• 02/05/24 Stormwater Management Permit Applications
• 02/20/24 Stormwater Management Report
• 02/20/24 Stormwater Operations & Maintenance Manual
• 02/22/24 Staff Report
John O'Reilly, PE, PLS of J.M. O'Reilly & Associates, Inc. was present on behalf of Applicants The Free Sea Turtle, LLC and
162 Underpass LLC. Applicant Paul Wallace was also present. O'Reilly reviewed the project. Wallace is the owner of Lot
PB Minutes 02/28/24 Page 2 of 4
1, the southerly lot which is proposed to contain two buildings with commercial uses. O'Reilly stated that the Applicants
will return to the Planning Board in March for special permits and site plan review. Lots 2 and 3 are owned by Applicant
Charlie Whitcomb. Applicant Whitcomb proposed one commercial building with five contractor bays and an attached 2 -
bedroom apartment. O'Reilly stated that access to both properties is off Underpass Road and parking is shared and is
located between two of the buildings. Drainage is also shared between the properties. O'Reilly stated that at the
entrance of the properties is a single catch basin that will address water prior to discharge onto Underpass Road.
O'Reilly stated that this is the only point at which water could get off site because of the way the site will be graded and
landscaped. There is also a large center island which is the low point of the site. There is a water quality swale and filter
material within the island. There are also six inlets within the island to handle overflow. Water is taken from the inlets
through a series of manholes to a subsurface leaching facility. O'Reilly stated that the subsurface leaching facility is in
the gravel parking area and has two deep sump catch basins with an oil and grit separator to address TSS from the gravel
surface and to protect the leaching facility. The drainage has been designed to meet the 25 -year storm and not
exacerbate off site discharge or peak run off. O'Reilly has reviewed the staff report and found the proposed conditions
straight forward.
Idman stated that he appreciates the collaboration between the two projects and sharing of such things as stormwater
infrastructure, parking, and signage. Idman noted the importance of appropriate plantings for the water quality Swale.
Taylor suggested the Applicant speak to the Conservation Administrator about appropriate plantings for the site.
O'Reilly stated that a Notice of Intent was filed through the Conservation Department for 0 Underpass Road and the
landscaping was reviewed and approved at that time. Michaels asked who was responsible for the operation and
maintenance of the stormwater infrastructure. O'Reilly responded that both owners will share responsibility. There was
discussion on the use of static flow versus simple dynamic analysis for BMP volume calculations. Degen referred to the
February 22, 2024 Staff Report and asked if there were any issues with the proposed condition related to cross -
easements. Wallace stated that the Applicants have hired a lawyer to handle drafting of the easements and he does not
see any issues with that condition. Wentworth pointed out a dip at the entrance to the site and asked how that would
be handled. O'Reilly and Wallace described the plan for leveling and seeding as well as moving of the curb cut.
Wentworth also mentioned difficulty seeing around the berm closest to Underpass Road. Wallace stated that removal of
the berm was proposed.
Motion by Wentworth to Approve Ma'or Stormwater Management Permit Case Nos. SWMP2024-03 and SWMP2024-
04 subject to the Recommended Conditions Set Out in the Staff report Dated February 22, 2024. Second by Degen.
Vote: 7-0-0.
7:11 PM APPROVAL OF MEETING MINUTES
Approval of Meeting Minutes: January 24 2024.
The Board reviewed the January 24, 2024 meeting minutes. Motion by Hillis -Dineen to Approve January 24, 2024
Meeting Minutes. Second by Michaels. Vote: 7-0-0.
7:13 PM COMMITTEE REPORTS
Freitas reported on a recent Housing Trust meeting where the committee voted to increase the number of rental
assistance slots to 20 from 15. Freitas stated that he was excited to see cooperative systems being used and he believes
that these will become more of the norm for commercial projects in the future. The committee also voted note to
include a review of assets as a qualifier. Freitas also stated that the closing on the Yankee Drive home should take place
within the next month. Degen summarized several recent meetings of the Select Board which included extensive budget
work and discussion on the State Community Compact Grant, the Governor Healey Municipal Empowerment Act, the
Cape & Islands Water Protection Fund, and the Pond and Bay Planning Committees Comprehensive Plans which were
supported by the Select Board. Michaels summarized a recent meeting of the Water Quality Review Committee in
which the committee heard reports on well monitoring and continued discussion on the role of the WQRC. Bebrin
discussed Sea Camps planning and stated that there are final proposed plans for both parcels available on the Town's
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website along with the materials from the final public forum. Both committees will now be pursuing outreach and
education on the proposed plans which will be considered at Spring Town Meeting.
7:20 PM FOR YOUR INFORMATION
The Planning Board received information on the 2024 CPTC Annual Conference, a public hearing notice from the Orleans
Planning Board for March 12, 2024, a notice from the Harwich Planning Board on a decision filed on February 2, 2024,
and a public hearing notice from the Harwich Planning Board for February 13, 2024. The Planning Board also received
copies of the bylaw amendments related to accessory dwelling units which were approved by the Attorney General and
are effective retroactively dating back to the November 13, 2023 Town Meeting.
7:24 PM MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR
None.
Motion by Degen to Adjourn. Second by Michaels. Vote: 7-0-0. The meeting adjourned at 7:25 PM.
Next Planning Board Meeting Date: March 13, 2024.
Respectfully submitted,
Lynn StLtyr, Senior Department Assistant, Planning
PB Minutes 02/28/24 Page 4 of 4