HomeMy Public PortalAboutPlanning Board -- 2015-11-18 Minutes I
Brewster Planning Board
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Approved: 1/13/16 TOWN OF BREWSTER PLANNING BOARD
Vote: 5-0-1 WORK SESSION MEETING MINUTES SRISfER TOM' CLERK
Joseph Rinaldi abstained Stormwater Bylaw and Regulations
Wednesday, November 18, 2015 at 6:30 pm
Brewster Town Office Building
Chairman Richard Judd convened the Planning Board meeting at 6:30 pm in the Brewster Town Office
Building with members: Scott Collum,William Hoag, Elizabeth Taylor, Niclt deRuyter and Kari Hoffmann
present.
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Absent: Joseph Rinaldi
The Chair read the Recording or Taping Notification:
"As required by the Open Meeting Law we are informing you that the Town will be audio and video taping
this public meeting. in addition, if anyone else intends to audio or video tape this meeting lie or she is
required to inform the chair."
6:30 pm Planning Board Discussion
Cape Sand and Recycling, LLC - Compliance with Special Permit Decision #2011-1: Conditions
regarding revegetation.
Applicant Jay Merchant gives a synopsis of the revegetation process and new mining process.
Judd — Describes the property visit and what he saw as far as revegetation and land that is being mined.
Merchant— Describes the maps and color photographs that were submitted and new land that was purchased.
Taylor—The permit only applied to the parcel that was originally permitted. We didn't permit the Mayo
property.
Judd —We are here only for vegetation.
Taylor—We are here to see if he is complying with the permit. Our permit only applied to the parcel you were
mining at the time. Are we getting a report every year?
Merchant—Yes.
Taylor— Our permit only pertained to the parcel that was applied to work on. New purchased parcels don't
allow you to work on them.
Judd —Asks applicant to explain slope on newly mined property.
Merchant— Explains mining and slope on property.
Judd --Asks Sue Leven if the Permit can be amended or if a new permit needs to be applied for.
Leven —Will have to research bylaw pertaining to that issue.
deRuyter— Has seen the progression of mining and revegetation. Sees no problem with the property.
Hoffmann —Will applicant continue mining into the new parcel and if so does there need to be a public
hearing?
Leven —A public hearing will need to happen to amend the Permit.
Merchant— He will come in and get the paperwork to amend the Permit.
Leven — Explains to Applicant the plans he needs to submit with the paperwork.
Pago 1 of 4
PB Regular Meeting Minutes 11/18/2015
Ana Brady,Senior Dept.Assistant
7:00 pm Public Hearing
• Joint Public Hearing with Tree Warden: Hazard Tree Removal: Eversource Energy
proposes to remove specific trees along Route 6A in the 552 and 577 circuit areas. As part of
this process, a public hearing is required before the Planning Board and the Tree Warden.
Information regarding the location and size of trees to be removed is available at the Planning
Department. Continued from October 28, 2015.
Kyle Barry and Patrick Ellis, Interim Public Works Superintendent
Barry — Gives synopsis of proposed removal of 82 trees.
deRuyter— Have all the homeowners given their approval?
Ellis —Yes all have given approval.
Hoffmann —We talked about replacement. Have you discussed type and placement with the tree
warden?
Barry — Most of the removed trees are mostly brush. It wouldn't be tree for tree replacement.
Ellis —There is a really good program in Brewster to replace trees. There will be a need for
replacement. Big trees needa big support system.
Hoag — Out of the 82 trees to be removed 63 are on Town owned land. It would be a good opportunity
to put them on other scenic roads.
Taylor— It's important that the owners have the discussion about replacement. We need to do plantings
on Town property now. Maybe some evergreens. We will lose trees and nothing coming up.
Ellis - A long term goal is a tree that the moths don't eat. We have a good species list.
Taylor— Is there any help from the County?
Ellis — Hopefully we will get help from several areas.
Hoffmann — Does Eversource cover the cost of the replacement?
Ellis —Yes it is but above and beyond the coverage by Eversource is other funding.
deRuyter—There are other costs besides just planting. There is maintenance as they grow.
Ellis — In planning programs we don't want to be too aggressive. We want to be able to maintain them to
succeed.
Judd — Have you noticed businesses or abutters for a foster tree program?
Ellis — Its possible. If people reach out we can work them into a program.
Hoffmann —Who is in charge of that program?
Barry — Eversource has done that kind of program.
Leven —Advises that she went with Patrick Ellis to see marked trees. Believes there are a few trees that
do not need' to come down. There may be a benefit to taking out trees in lesser numbers over a longer
period of time.
Collum — If you think we should keep the trees. If you have doubts its better to leave them than cut
them.
Ellis — It's a give and take with the Tree Warden and Eversource. We have some trees that are very
aggressive and invasive. Roadside maintenance is very important.
Judd — Reads Dept, review from Police Dept.
Collum — Leave the big logs for the woodpeckers.
Taylor— How large of trees are you planning to use to replace trees.
Ellis — One to two inch tree. Survivability isn't good. They are easier to plant and maintain. They need
to be suited to where they grew.
Taylor--We need to use the foster program. That will help the Town a lot.
Ellis - Memorial tree programs work very well also.
Collum —We should start a tree map.
Judd — Calls for motion to close public hearing.
MOTION by Nick deRuyter to close the public hearing. Second by Scott Collom. Vote: 6-0-0.
Judd —Asks for Liaison reports and any topics not anticipated.
Page 2 of 4
PB Regular Meeting Minutes 11/18/2015
Ana Brady,Senior Dept.Assistant
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Leven — Brings to the attention of the Board the Letter from Brewster Recreation Commission and
Example of Stormwater Site Sketch.
Judd — Reads letter from Brewster Recreation Commission.
• Stormwater Bylaw and Regulations — Discussion of the draft Bylaw and Regulations language. (See
attached document.)
Judd — Confirms that there will be a work session after the public hearing on December 16, 2015.
Collum — Clarifies the format the Board is going to follow during the public hearing. Wants to make sure they
get through the entire bylaw during that meeting.
Judd —The Board should break it down into sections and complete each section taking questions from the
public until it is done.
Hoag —Thinks they should gather all the information from the public then discuss at the work session.
Collum —We need to be as organized and in depth as possible.
Hoffmann —We can get information, take comments and discuss by topic.
Judd — Each member can take a section
Taylor—Will we let the public participate at the work session?
Collum --Very rarely does the public come and participates and not give important comment. They have good
comments and ideas that can be used.
Hoag —Will we have a second public hearing?
Leven — This is a single individual public hearing.
Hoag —At the second hearing, will we present a final document with the comments we received?
Leven —The difference between a public meeting and a public hearing is that at a public hearing you are
required to take public comment. A public meeting you are not required to take public comments.
Hoag — So December 16 is a public hearing?
Leven —This public hearing is a free standing, independent, not connected to anything public hearing.
Hoffmann — The meeting on December 16 is strictly for public input? Then the second public hearing is to
present the final document.
Hoag —Will Horsley Witten be her at the meeting?
Leven —Anne Kitchell will be here.
Hoffmann --When will the Conservation Commission be involved?
Leven — They have been advised of the meeting.
Hoffmann — Reads the edits to Stormwater bylaw.
Leven —This bylaw was created to comply with the Town's 2003 NPDES and MS4 Permit. Do you want to
include the Summary for the public hearing or take out the summary for the meeting? It really isn't part of the
bylaw.
Collum —Why don't we read it at the beginning of the meeting.
Hoag — Believes it needs to be read at the beginning of the meeting.
Leven —The bylaw will also be put up on the website. The summary will go up as a standalone piece. The
regulations will be on there also.
Hoag —Will the regulations be updated?
Leven —We can post something that says that the regulations have not been updated. We can add to the end
of the bylaw that there are also regulations that will be forthcoming.
Judd —Any other comments on the bylaw? j
Leven —Anne Kitchell will be here to address the Federal permit and where that stands.
Collum — Requests a timeline for the regulations.
Leven —This Board needs to go through the regulations before the bylaw goes to the Finance Committee.
Judd —We need dates in January for a work session.
Leven — Set date of January 11, 2016 for the regulations.
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Page 3 of 4
PS Regular Meeting Minutes 11/18/2015
Ana Brady,Senior Dept.Assistant
MOTION by Nick deRuyter to adjourn, Second by Kari Hoffmann, Vo te: 5-0-1. Joseph Rinaldi
abstained.
Meeting adjourned 8:11 p.m.
Respectfuily submitted,
w J Judd, �'1di,i ii';E iy Dvard Chair
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Page 4 of 4
PB Regular Meeting Minutes 11/18/2015
Ana Brady,Senior Dept.Assistant
I DRAFT Proposed Storinwater Management Bylaw for the
2 Town of Brewster, Massachusetts
3 Last revised Nove►nber 12, 2015
4
5 Chapter 999, STORMWATER MANAGEMENT BYLAW
6 § 999-1. Purpose
7 The purpose of this Bylaw is to establish minimum stormwater management requirements and
8 procedures in order to minimize damage to public and private property and infrastructure;
9 safeguard the public health, safety, environment and general welfare; protect aquatic resources
10 and wildlife habitat; and conservegroundwater supplies. This Bylaw seeks to meet that purpose
11 through the following objectives:
12 A. Establish decision-making processes surrounding land development and
13 redevelopment that protect watershed integrity and preserve and/or restore the health
14 of local water resources, such as Pleasant Bay, tributaries from Na►nskaket Marsh to
15 Quivett Creek Cape Cod Bay, freshwater ponds, streams, and groundwater that is
16 Brewster's sole source drinking water supply.
17 B. Ensure that new development and other land alterations maintain pre-development
18 runoff characteristics in order to maintain aquatic habitats and prevent flooding,
19 channel erosion, sedimentation, water quality degradation, a decrease in stormwater
20 recharge, and property damage.
21 C. Improve stormwater management from redevelopment and road repaving in areas of
22 existing development.
23 D. Promote the use of Low Impact Development (LID) approaches, such as reducing
24 impervious cover, maintaining natural hydrology, preserving open space, and
25 rainwater reuse.
26 E. Establish minimum construction and post-construction stormwater management
27 standards and design criteria to control storinwater runoff quantity and quality,
28 F. Ensure that during construction soil erosion and sediment control measures are
29 incorporated into the site design process and are implemented and maintained through
30 the establishment of permanent erosion control pleasures.
31 G. Ensure the long-term function and safety of post-construction stormwater practices.
32 H. Establish administrative procedures for: the submission, review, and approval or
33 disapproval of stormwater management plans; the inspection of approved active
34 projects; and post construction follow up.
35 I. Ensure compliance with requirements of the National Pollutant Discharge
36 Elimination System(NPDES) General Permit for Stormwater Discharges from Small
37 Municipal Separate Storm Sewer Systems (MS4) and other applicable State and
38 Federal Mandates.
39
40 § 999-2. Authority
DPRAF T Proposed Storinwater Management Bylaw I
November 12, 2015
I
I This Bylaw is adopted under authority granted by the Home Rule Amendment of the
2 Massachusetts Constitution, the Home Rule statutes, pursuant to the Regulations of the federal
3 Clears Water Act found at 40 CFR 122.34, and as authorized by the residents of the Town of
4 Brewster at the 2016 Annual Town Meeting and as amended.
5
6 § 999-3. Definitions
7 The following terms are defined for the purposes of this Bylaw:
8 ACRONYMS:
9 LID — Low Impact Development,
10 MS4---Municipal Separate Storm Sewer System,
11 MSWMS —Massachusetts Stormwater Management Standards, and any other ones that the
12 Board wants to include.
13 NPDES -- National Pollutant Discharge Elimination System
14 SMP--Stormwater Management Permit
15
16 DISCONNECTION: Redirecting stormwater runoff away from drainage system into a pervious
17 area of management proactive. An example would be putting downspouts into dry wells, or
18 having downspouts drain to a rain garden.
19
20 DIRECT DISCHARGE: Any pipe, open channel, or concentrated flow path where stormwater
21 runoff is conveyed directly to a waterbody without prior stormwater treatment or volume
22 reduction.
23 DISTURBANCE: Any activity that causes a temporary or permanent change in the position or
24 location of soil, vegetation, impervious cover, or other land surface that exposes soils to potential
25 erosion, changes the ability of a ground surface area to absorb water, increases polluted runoff,
26 and/or changes the existing surface drainage patterns.
27 IMPERVIOUS COVER: Any material or structure on or above the ground that prevents water
28 from infiltrating through the underlying soil. Impervious cover includes, without limitation,
29 paved parking lots, roads, sidewalks, driveways, patios, roof tops, and swimming pools. Gravel
30 and dirt surfaced roads and parking areas that have become compacted by vehicles and heavy
31 equipment are considered impervious. Permeable pavers and porous pavements designed to
32 prevent compaction are not considered impervious. The term "impervious cover" shall include
33 "impervious area" and "impervious surface."
34 INFILTRATION: The act of conveying precipitation or runoff into the ground to permit
35 groundwater recharge and the reduction of surface runoff from a project site.
36 LOW IMPACT DEVELOPMENT (LID): An approach to land development design and
37 stormwater management that attempts to mimic the natural hydrology of the site by avoiding,
38 reducing and mitigating impacts with natural, non-structural and structural measures.
39 MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS (MSWMS): The latest
40 version as may be amended of the Stormwater Management Standards and accompanying
DRAFT Proposed Stormwater Management Bylaw 2
November 12, 2015
I Stormwater Handbook issued by the Massachusetts Department of Environmental Protection
2 pursuant to authority under the Wetlands Protection Act, M.G.L. c.131, §40, and the
3 Massachusetts Clean Waters Act, M.G.L, c.21, §§26-53. The Storniwater Management
4 Standards are incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k)
5 and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a).
6 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
7 DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying
8 stormwater, including, without limitation, any road with a drainage system, street, gutter, curb,
9 inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or
10 altered drainage channel, and other drainage structure that together comprise the storm drainage
I 1 system owned or operated by the Town of Brewster.
12 NEW DEVELOPMENT: Any construction or land disturbance on a lot, or portion of a lot, or
13 linear right-of-way or easement that is currently in a vegetated state.
14 PEAK FLOW RATE: The maximum instantaneous rate of flow during a storm, usually in
15 reference to a specific design storm event (e.g. a 100-year storm).
16
17 PRE-DEVELOPMENT: The conditions that exist prior to the proposed development. Where
18 phased development or plan approval occurs (e.g., preliminary grading, roads, and utilities, etc.),
19 the existing conditions at the timc prior to the first plan submission shall establish pre-
20 development conditions.
21 POST-CONSTRUCTION or POST-DEVELOPMENT: The conditions expected to exist after
22 completion of the proposed development activity in accordance with approved plans on a
23 specific site or tract of land, and does not refer to or include the construction phase of a project.
24 PROJECT AREA: The portion of a parcel of land being developed or redeveloped.
25 RECHARGE: The replenishment of groundwater reserves.
26 REDEVELOPMENT: Any construction, alteration, improvement, repaving, or resurfacing on a
27 site that contains impervious cover, provided the activity does not increase net impervious cover.
28 Portions of a project that increase impervious cover will be treated as new development.
29 ROAD IMPROVEMENTS: For the purposes of this bylaw, work on existing roads that trigger
30 stornnvater management compliance include resurfacing projects when the sub-base is
31 intersected,the road is being widened, or when the project includes direct drainage to a beach,
32 pond, tributary or wetland. Re-grading of unpaved roads does not trigger compliance with
33 stormwater standards unless the road is being widened, or if it includes a direct discharge to a
34 beach, pond, tributary or wetland.
35 SITE: The entire parcel of land being developed or redeveloped.
36 STORMWATER MANAGEMENT: Using engineered structures and non-structural (e.g., site
37 design, vegetation) measures to reduce runoff volume and rates, remove pollutants, promote
38 infiltration, or minimize sources of pollution.
DRAFT Proposed Stormwater Management Bylaw 3
November 12, 2015
1
I STORMWATER MANAGEMENT PERMIT (SMP): A permit issued by the Reviewing Board
2 after review of an application, plans, calculations, and other supporting documents.
3 STORMWATER RUNOFF: Rainfall or snowmelt water flowing over the ground surface or
4 other surface (e.g., rooftop).
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5 Terms not defined shall be construed according to their customary and usual meaning, unless the
6 context indicates a special or technical meaning. Words used in the present tense include the
7 future; words in the singular number include the plural and words in the plural number include
8 the singular; and the word "shall" is mandatory and not a suggestion . Additional definitions may
9 be adopted by separate regulation.
10
1 I § 999-4. Administration
12 A. For residential projects not requiring an SMP, but subject to the requirements of this
13 bylaw, Stormwater measures shall be evaluated as part of the Building Permit
14 process.
15 B. Tire Planning Board and Conservation Commission (Review Board) shall be the
16 permit granting authorities for this Bylaw. Any pourers granted to, or duties imposed
17 upon, the Review Board may be delegated in writing by the Review Board to any
18 Town employee, board, commission, committee or agent, hereby known as the
19 "Reviewing Agent."
20 C. The Review Board or its Reviewing Agent shall take any of the following actions as a
21 result of an application for a Stormwater Management Permit (SMP) as specifically
22 defined within the Stormwater Management Regulations promulgated as a result of
23 this Bylaw: Approval, Approval with Conditions, or Disapproval.
24 D. A decision of the Review Board or its Reviewing Agent shall be final. Further relief
25 of a decision by the Review Board or its Reviewing Agent made under this Bylaw
26 shall be appealed to the Superior Court, in accordance with M.G.L. Ch 249 §4.
27 § 999-5. Regulations
28 A. The Planning Board may adopt, and periodically amend, Regulations relating to the
29 terms, conditions, definitions, enforcement, fees (including application, inspection,
30 and/or consultant fees), procedures and administration of this Stormwater
31 Management Bylaw by majority vote of the Planning Board, after conducting a
32 minimum of two (2) advertised public hearings to receive comments on any proposed
33 revisions. Should the Planning Board fail to create and disseminate such Regulations
34 or a court of competent jurisdiction invalidates the Regulations by legal declaration,
35 this Bylaw shall not be suspended or invalidated.
36 B. The Planning Board will utilize, at a minimum, the policy, criteria, and standards of
37 the most recent version of DEP's Massachusetts Stormwater Management Standards
38 (MSWMS) and the Town's approved MS4 Permit through EPA Region I for
39 execution of the provisions of this Bylaw, except where the Town of Brewster
40 specifies more stringent standards.
41
DRAFT Proposed Stormwater Management Bylaw 4
November 12, 2015
I § 999-6. Applicability
2 A. A SMP shall be obtained for all activities, new development, and redevelopment
3 projects disturbing 2,500 square feet or more of land that has the potential to alter the
4 quantity or quality of stormwater runoff, except for single and two-family residential
5 projects or exempt activities pursuant to § 999-6.D of this Bylaw.
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6 B. The following road improvement projects disturbing 2,500 square feet or more of
7 land are required to comply with stormwater regulations: j
8 (a) Projects where the sub-base is intersected during resurfacing of paved roads;
9 (b) When paved or unpaved roads are being widened; or
10 (c) When the project includes a direct discharge to a beach, pond, tributary or
11 wetland.
12 C. A Building Permit or approval from the Building Inspector documenting stormwater
13 control measures shall be obtained for construction, renovation, or modification of a
14 single or two-family dwelling and associated accessory structures disturbing 2,500
15 square feet or more of land.
16 D. Exemptions
17 1. Normal maintenance and improvement of land in agricultural use as defined by
18 the Wetlands Protection Act regulation 310 CMR 10.04 and MGL Chapter 40A
19 Section 3 Zoning Act.
20 2. Emergency repairs to existing utilities.
21 3. Emergency repairs to existing roads or their drainage systems, or to any
22 stormwater management facility that poses a threat to public health or safety or as
23 deemed necessary by the Planning Board, Board of Health, Conservation
24 Commission, or Department of Public Works.
25 4. Any projects subject to review by the Planning Board and/or the Conservation
26 Commission for which all necessary approvals and permits have been issued
27 before the effective date of this Bylaw and/or applications have been filed with
28 the respective entities within ninety (90) days of the effective date of this Bylaw.
29
30 § 999-7. Procedures !
31 Permit Procedures and Requirements shall be defined and included as part of any Regulations
32 promulgated under § 999-5 of this Bylaw.
33 § 999-8. Performance Standards
34 A. The Stormwater Management Standards shall be defined and included as part of any
35 Regulations promulgated under § 999-5 of this Bylaw.
36 B. Applicable single or two-family residential activities are not required to obtain a
37 SMP, but will be required to provide erosion and sediment control during
38 construction and to minimize off-site stormwater runoff through disconnection, dry
39 wells, rain gardens, cisterns, or other residential on-site stormwater measures as part
40 of the process of obtaining a building permit.
DRAFT Proposed Stornzwater Management Bylaw 5
November 12, 2015
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2 § 999-9. Waivers
3 A. The Review Board may in its discretion, and after due consideration, decide to waive
4 and exempt strict compliance with any requirement of this Bylaw or the Regulations
5 promulgated hereunder, where it makes a written finding that such action is:
6 1. Allo-,ved by federal, state and local statutes and/or regulations;
7 2. In the public interest; and
8 3. Consistent with the purpose and intent of this Bylaw ander § 999-5. j
9 B. Criteria for granting a waiver shall be defined and included as part of the Regulations
10 promulgated under § 999-5 of this Bylaw.
11
12 § 999-10. Stormwater Management
13 Under certain circumstances where on-site options for stormwater management are limited, or
14 where off-site options provide better protection, the Review Board may allow the applicant to
15 implement off-site stormwater management. This may be allowed only where a net public
16 benefit is clearly demonstrated and documented by meeting or exceeding the purpose and intent
17 of this Bylaw.
18
19 § 999-11. Enforcement
20 Where the Planning Board is the permit issuing authority, the Building Commissioner shall
21 enforce this Bylaw, Regulations, orders, violation notices, and enforcement orders, and may
22 pursue all civil and criminal remedies for such violations. The Conservation Commission shall
23 enforce permits issued under their authority. Enforcement shall be further defined and included
24 as part of any Regulations promulgated under § 999-5 of this Bylaw.
25
26 § 999-12. Severability
27 A. The invalidity, unconstitutionality or illegality of any provision of this Bylaw shall
28 have not any effect upon the validity, constitutionality or legality of any other
29 provision.
30 B. This Bylaw shall not interfere with or annul any other bylaw, rule, regulation or
31 permit when the aforementioned specifically states that it is controlling. However,
32 when any other bylaw, rule, regulation or permit does not specifically state that it is
33 controlling, the Stormwater Management Bylaw, if more stringent, shall govern.
34
35 ➢ Sununciryfor the Toir,n Meeting article
36 ➢ This proposed Bylcm, rrws created in order to comply i0th current requirements of'the
37 Tou,n's 2003fecleral Nalioncil Pollutant Discharge Elimination System (NPDES)
38 11unieipal Separate Storm Setii,er•System (MS4) Storfm3nater•Permit, crud to immplemrent key
39 recommendations of Breii,ster's Integrated Reiter Resource Management Plan
40 (MIRMP)for nitrogen reduction in the Pleasant Bay Yf"atershed.
DR AFT proposed Stormwater Management Bylaw 6
November 12, 2015
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1 ➢ Single and twa family will address.stornmiater issues through the building permit
2 process, not through an appearance before the Planning Board.
3 ➢ This Bylaw will help rninirnize the impact of polluted storrnwater'runoff on the Toiwi's
4 ponds, beaches, wetlands and groundtivater resources from neii, dei,elopment, as titi,ell as
5 providing opportunities lofix)mater quality and floodingpr'oblems at existing sites during
6 redevelopment and road improvement projects.
7 ➢ The draft Bylaw requires any activity, development, and redei�elopment project town-
8 iti,ide that disturbs 2,500 sq,ft or•more of land to obtain a Storrnwater Management
9 Permit(SMP).
10 ➢ Although single and two family residential projects will not be required to obtain a SMP,
11 they may have to evaluate options for minimizing storinivater runoff as part of the
12 Building Permit.
13 ➢ Some paved and unpaved road improvement projects rimy be .subject to these
14 requirements.
15 ➢ The Planning Board will be the primary permit granting authority far this bylaw. To
16 streandine the review process, the Conservation Commission will be the storrnwater•
17 per"rnit authority for projects within their jurisdiction.
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DRAFT Pronnsei Stormwater Management Bylaw 7
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November 12, 2015