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HomeMy Public PortalAboutWater Quality Review Committee -- 2008-06-13 Minutes7r 5 , ~ \\\\\\\\\\\`~~~~~~ttE UWUS ~~o/i/o// Town of Brewster ~~ 4eo~~~ {^ ° ~~ Water Quality Review Committe~ ~~ ~ ~ a, a - 2198 Main Street , 5 ~.-~ o _ €~ y = Brewster, MA 02631 ~~ 0!'j ~~ r~ ~ -+ nA=rh'~ \~ 508-896-3701 ~? j 508-896-8089 Fax //~//Q 'FEB R P OR PZp ~ ~\\~~\ •~~ ""'~~~rr~~n,n;,i~;,ma~~~°°°°\ www.town. brewster. ma. us Minutes of June 13, 2008 Hearing Attending Committee Members: Vice Chairperson Nancy Ellis Ice, Bill Porter, Bill Henchy, Joanne Hughes, Chris Miller (appointed alternate) Attending Audience Members: Cindy Grover, Jay Merchant, Mike Quatromoni, Dave Bennett, Jamie Veara Item 1-Reorganize Reorganization will be discussed when all committee members are present. Item 2 -Minutes from 5/16/08 Meeting Bill Henchy motioned to approve the 5/16/08 minutes. Joanne Hughes seconded. All voted in favor. Item 3 -Minutes from 4/1$/08 Meeting Joanne Hughes motioned to approve 4/18/08 minutes. Bill Henchy seconded. All voted in favor. Item 4 -Representative from DEP Concerning 1515 Freeman's Way and Map 46 Lot 56 Freeman's Way David Ellis and Bob Johnson from the DEP appeared before the committee as requested by the WQRC. (~ 01~- a. Bob Johnson recounted the history of Brewster Sand and Gravel as a stump dump which the j3f?F' site assigned but not permitted. In 1990 this had to change. Grover was the operator and the Viprenos would pursue application permitting. In 1993 the relationship became strained and subsequently more "stuff' was found. Though the case was appealed, the Attorney General's office declined to accept the case. However, the DEP is confident that Merchant will handle the situation. Joanne Hughes stated that the DEP works when there is cooperation but 10 years to resolve this issue? Bob Johnson defended the DEP because participants were not delivering. David Ellis stated that everything is out of their hands once in court system and Bob Johnson said the Attorney General declined to accept case. David Bennett asked if the Board of Health was able to shut down the operation. David Johnson responded that the Board of Health could have shut down but rescinding a site assignment is difficult. Discussion then centered on pursuing closing out the site assignment as both operated outside the limits and there were now different criteria. David Bennett questioned if solid waste activity controls mining regulation and who has the guidelines? Joanne Hughes motioned to require business registration. Bill Henchy seconded. All voted in favor. b. Bob Johnson said there is a similar scenario at Map 46 Lot 56 Freeman's Way which is a site assigned parcel of land. There was a consent order in 2000 with the option to excavate, cap, close or convert with the option to convert chosen. The 2002 compliance amended the consent order but the appropriate information was not supplied and it fell through DEP cracks. Inspections in began in March and the DEP determined there was non-compliance and the best course of action will be determined. The site has expanded from 2002 to 2007. Item 5 -Discuss Legal Opinion for Danie/sJMA Property on Freeman's Way and 1515 Freeman's Way Jamie Veara discussed the need to apply questioned bylaws to any mining. Though the previous operator (Viprino) started to re-vegetate, he was stopped by the owner. The town has the right to pursue the previous owner according to Jamie Veara but this may have complications. Dave Bennett stated that Merchant only had knowledge in March as the property was transferred without disclosure. Jay Merchant stated that Cindy Grover told about benzene and arsenic well results available in two weeks. The Purchase and Sale agreement needs to be reviewed according to Jamie Veara. Item 6 -Final Plans for Cape Sand & Recycling at 1515 Freeman's Way Prior to the presentation by Mike Quatromoni, Dave Bennett stated he had a conflict of interest with Prime Engineering. Joanne Hughes said she would prefer comments not be held back. The presentation showed where the deeds were recorded. Mike brought the application for submission and described process for site and how it will be defined. David Bennett stated that groundwater monitoring is part of application. There was additional discussion around well testing. Dave Bennett also suggested that Jay Merchant look for date on any recovered material. There are a total of 9 acres with 3.2 acres permitted. Jay Merchant requested an alternative to posting additional financial assurance as he is financially strapped. He will get receipts to Nancy Ice. David Bennett suggested postponing financial assurance discussion until the information was digested. Chris Miller asked if the Water Quality Certificate can be issued while there were on-going concerns. Bill Henchy motioned fora 90-day extension to Certificate of Water Quality Compliance. Joanne Hughes seconded. All voted in favor. The date for the hearing following the 90 extension will be September 5, 2008 at 10:00 am. Item 7 -Discuss Draft WQRC Application Jillian Douglas distributed a sample of the draft WQRC application. Dave Bennett felt that several questions were redundant. Joanne Hughes suggested deferring the discussion until everyone was present. Item 8 -Discuss DCPC There, will be a vote before the Barnstable County's legislature, the Assembly of Delegates, to formally designate the Brewster Water Protection District of Critical Planning Concern (DCPC). (Designation was made on July 2, 2008.) *~* Chris Miller motioned to authorize Dave Bennett to review materials received including aerial photographs prior to 1973. Bill Henchy seconded. All voted in favor. Joanne Hughes motioned to have the next meeting on Friday, July 11, 2008 at 10:00 am. Chris Miller seconded. All voted in favor. Hearing was adjourned at 1:15 pm ~~~ ~~-~~,c_.c' ~`'~.C~ ~ tc.~Zi inc. ~1:~~Q ~