HomeMy Public PortalAboutPlanning Board -- 2015-12-09 Minutes i
Brewster Planning Board
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Approved: 1113116 TOWN OF BREWSTER PLANNING BOARD
Vote 5-0-1 WORK SESSION MEETING MINUTES
Joseph Rinaldi abstained Stormwater Bylaw and Regulations BREYaTE f l CLERK
Wednesday December 9, 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 and Kari Hoffmann present.
Absent: Joseph Rinaldi and Nick deRuyter
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 he or
she is required to inform the chair."
6:30 pm Planning Board Discussion
i
• Informal Discussion — Pamela Lloyd-Baker: Applicant has requested an informal discussion
regarding one of the conditions of the Decision
Peter Soule, representing Pamela Lloyd-Baker and the Brewster Conservation Trust, gives a
synopsis of the request to amend the decision and remove the order of conditions.
Judd - No action can be taken without a new public hearing.
Collum - Other than the 3 year time period, have all plantings been planted and accepted?
Soule - He's not sure. That's a Conservation Commission matter.
Collum - Believes the property should be fully landscaped before releasing the subdivision.
Don't need to wait three years, but planting should be done and inspected.
Soule - This should not be Planning Board decision. It's the Conservation Commission's
decision.
Collum - Still wants landscaping completed. Wants to make sure she follows through with her
commitment.
Judd - Doesn't know why this is being discussed now. It is the Order of the Planning board and
that will stand. It would be helpful to know if all the plants are in.
Soule - Originally approved in 2012.
Judd - Should already be done.
Soule - Does not believe that Board can do this. Conservation Commission will have a lien on
the property until it is complete.
Hoag - Scott was correct. If Soule could say what plants have been put in, they might consider
another hearing and take the condition out. Unless you can prove that the plantings have been
put in, the Board won't move on it at all.
Hoffmann - Did we have Jim Gallagher's letter about the open Order of Conditions?
Page 1 of 4
PB Regular Meeting Minutes 12/9/2015
Ana Brady,Senior Dept.Assistant
i
I
Leven - Yes. That document was before the Board when the decision was made.
Hoffmann —When the Board makes conditions its because some other Board made a decision.
Soule — Did the Board know there was a three year mitigation period?
Judd - The Board needs more information. Have the plants gone in? When? Has Ms. Lloyd-
Baker been back to Conservation to update them? When does the three year window close?
Soule - What do you want from me?
Judd - The applicant needs to talk to Conservation.
Taylor- Why is the plan from 2012 and nothing has been done yet?
Collum - Have Conservation draft a letter that all requirements for plantings have been met.
The Board will then consider altering condition. Board is looking for Conservation Commission
to prove to us that everything on that plan has been done. If so, Board will consider not waiting
the three years.
Judd - Come back when you have the information that the plants are in the ground.
• Informal Discussion - Pond Oaks Residents: Concerns with lack of completion of Winstead
Road by the Developer
Ken Hermann, representing homeowners and lot owners on the road, gives synopsis of the
Pond Oaks Subdivision road and covenant that covers completion of the road, planting and
entry lighting and homeowners' association.
Judd - Has Patrick Ellis of DPW contacted you?
Hermann - Not yet. All markers have been put in. Developer shared with the residents that it is
their intention to sell the two Douses and the lot and be done. He has dropped the prices of the
2 houses and the lot. He also said that it was their intention to approach the Town and pay the
Town to complete the road. The residents have contacted the DPW Superintendent to see what
they can do. Grates have been marked. Patrick Ellis will look at it and see if they can do
anything.
Collum - More than willing to act within the law to put pressure on the developer. Chain of
custody over time. What would be the effect if we would revoke the permit?
Leven — Houses would become non-conforming. Nothing would be able to be sold. Explains
the process of the Pond Oaks subdivision from the onset of the decision and conditions and the
covenant.
Hermann —Why wasn't anything done in 2007 before the first developer went bankrupt.
Leven — Not aware why that Board did not request that the road be finished.
Hoag -- Since the developer has not complied with the permit, what can the Planning Board do?
Leven — The Planning Board can ask the Building Commissioner to send a letter.
Hermann — Can the Board send him a letter forcing him to finish the road?
Collum — It's a private road and Brewster may plow but since it is not a finished road they won't
plow it.
Judd — Recap the lots for me.
Hermann — 14 total lots, 8 completed homes, 1 under construction, 2 private undeveloped lots,
3 lots owned by Bandar, one of which has the covenant.
John Roman, 135 Winstead Road - Bandar told him they want to sell remaining two houses
and fund completion of the road so the Town can do it to their specifications. Bandar told him
this about a month ago.
Taylor- There was a discussion with Town Counsel. Did she make a recommendation as to
the best way to get the road done?
I
Paye 2 of 4
PB Regular Meeting Minutes 42/9/2015
Ana Brady,Senior Dept.Assistant
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Leven — The discussion had more to do with who is responsible for the road. Also, the bond
was discussed. The bond was released a couple of years ago. Turns out it was a Conservation
bond. A meeting with Bandar's attorney strongly suggested that they had to finish the road.
Taylor—What happens now?
Leven — The Building Commissioner doesn't have the authority to make the Developer finish the
road. They know what their obligation is. By revoking the permit the residents take a bigger hit
than the developer. The obligation sits with the owner of Lot 8.
Hoag — The lack of a homeowners' association is part of the issue.
Leven — Revoking the special permit hurts the residents more than the developer.
Collum - Exhausted most options except a strong letter to the property owner from Victor.
Have him suggest that the PB is considering their options with the special permit and
Conservation Order of Conditions.
Judd — He can state what possible options can be taken?
Hermann - Owners were not told that the homeowner association was invalid. They don't know
what the new association can do.
Judd --As a Board we wish we could give you something more.
Hermann —Any support you could give us would be appreciated.
• Michael Singleton — #2015-023 Site Plan Waiver: Change of use to add aesthetician to
existing chiropractic practice.
Michael Singleton, Applicant, gives synopsis of Site Plan Waiver application to add aesthetician.
Judd —Are there are going to be interior structural changes
Singleton — There will be a few walls coming down and reconfiguring some rooms.
Hoffmann — Is the usage change allowed in the RM zone.
Collum — This was a variance originally.
Leven — You can wait until the next meeting so we can check with the building inspector or you can
grant the waiver which would not legalize the use it just says he does not have to ask for a site plan
review. If there is an issue with the use he will have to go before the Zoning Board of Appeals. It's
considered personal service which is not allowed under RM zoning.
Collum —We should do some more homework to decide how to go with this application.
Judd —We will continue this until December 16, 2015, and get a letter from the Building Inspector.
• Approve minutes from 10/28/15
Hoag — Move to accept Wednesday October 28, 2015 minutes. Second by Elizabeth Taylor. Vote 5-
0-0.
• Stormwater Bylaw and Regulations -- Discussion of the draft Bylaw and Regulations
language.
Judd — Board reviews the amendments to regulations. (See attached document.)
Hoffmann — Regarding the public hearing, I want the introduction on the bylaw to be very clear
and easy to understand why the Planning Board is mandated to do the bylaw and regulations.
Judd —That is a great suggestion to get the meeting started.
Leven — Explains the changes to the definitions.
Collum — Reads through "Purpose" and "Administration."
Judd — Lets discuss "Administration."
.
Page J UI'+
PB Regular Meeting Minutes 12/9/2015
Ana Brady,senior Dept.Assistant
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Leven — I'll talk to Ann Kitchell about the jurisdiction of the Conservation Commission.
Taylor—We talked about the jurisdiction already in the bylaw.
Hoffmann --Wasn't Conservation going to sit in with us to go through the regulations?
Leven — We are looking at what the Planning Board's role is outside of Conservation. We need
to figure out the broad reach of Conservation,
Collum — Reads "Applicability."
Hoffmann -W- Reads through "Procedures."
Collum ---Wants to clarify who actually receives the permit. Is it the property owner or the
lessee?
Leven — The lessee actually applies for the permit. The owner has to sign off on the
application. The permit stays with the property.
Taylor— Is the applicant required to submit a digital application also?
Leven — That should fall under the application filing requirements. A digital file format.
Collum —We should require full size plans. It's too hard to read the smaller plans.
Leven — We do require at least three full size plans.
Hoffmann — Reads through Application Filing Requirements.
Collum —What are the Consultant Services Fees?
Leven — If the project is very large with complex engineering associated with it and an
independent consultant may be necessary to review it, the applicant would be required to pay
that consultant.
Topics the Chair did not reasonably anticipate
Leven --There is a meeting of the Brewster Community Network tomorrow night and they have
asked Rick to attend and discuss the Brewster Comprehensive Plan.
Judd — There is also a public hearing on December 16 on the Stormwater Bylaw.
Leven — Gives a synopsis of the 40B comprehensive permit application on Tubman Road.
Zoning Board of Appeals will hear it on January 5, 2016.
Judd -- Calls for a motion to adjourn the meeting.
MOTION by Elizabeth Taylor to adjourn, Second by William Hoag, Vote: 5-0-1. Joseph Rinaldi
abstained.
Meeting a jour9:05p,
spec; fulf ly..sub d
Ric , Planning Board Chair
Page 4 of 4
PB Regular Meeting Minutes 121912016
Ana Brady,Senior Dept.Assistant
December 9.2015 edits
1 DRAFT Proposed Stormwater Management Regulations for the
2 Town of Brewster,Massachusetts
3 Stormwater Management Regulations are proposed in conjunction with a Stornnwater
4 Management Bylaw as part of Phase III of the Town's Integrated JVater Resource Management
5 Plan(III7RA1P). These draft regulations hmre been updated to reflect input fi•ofn the Planning
6 Board related to single and tiro family residential projects,road repaving1grading, applicabilit},
7 thresholds, and the new requirements of the DR.4I7 2011 MSI Stormwater Permil. These
S regulations assume administr-ation by the Planning Board. To sireandine the review process,lire
9 Conservation Commission will be lire pernul authority for projects within welland jurisdiction.
10
1 l Table of Contents
12 1.0 PURPOSE.......................................................................................................................2
13 2.0 DEFINITIONS................................................................................................................2
14 3.0 AUTHORITY...............................................................................................................65
15 4.0 ADMINTSTRATION....................................................................................................65
16 5.0 APPLICABILITY.........................................................................................................76
17 6.0 PROCEDURES.............................................................................................................76
18 7.0 STORM WATER MANAGEMENT PERMIT(SMP)REQUIREMENTS................1 14-0
19 8.0 PERFORMANCE STANDARDS AND DESIGN CRITERIA..................................131-2
20 9.0 CRITERIA FOR CONNECTIONS TO THE MUNICIPAL SEPARATE STORM
21 SEWER SYSTEM(MS4)..........................................................................................1948
22 10.0 INSPECTIONS.........................................................................................................194 8
23 11.0 SURETY...................................................................................................................242-3
24 t2.0 CERTIFICATE OF COMPLETION...........................................................................242-3
25 13.0 PROJECT DELAY....................................................................................................2524
26 14.0 WAIVERS................................................................................................................2524
27 15.0 ENFORCEMEN'f.....................................................................................................2624
28 16.0 SEVERABILITY......................................................................................................2726
29
30 I Appendices To be revise
31 Appendix A. Instructions for Completing Stormwater Management Permit(SNIP)Application
32 Appendix B.Stormwater Management Permit Application
33 Appendix C.Checklist for Stormwater Management Concept Plan
34 Appendix D.Checklist for Final Stormwater Management Plan
35 Appendix E.Checklist for Erasion and Sediment Control Plan
36 Appendix F.Requirements for Operations and Maintenance Plan
37 Appendix G.Median Pollutant Removal for Approved Practices
38 Appendix 11:Single and Two-Family Residential StorniNvater Guidelines
39
DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,Inc.
Town of Brewster,MA 1 November 12,2015
December 9.2015 edits
1 1.0 PURPOSE
2 The purpose of these Regulations is to minimize damage to public and private property and
3 infrastructure;safeguard the public health,safety,environment and general welfare;protect
4 aquatic resources and wildlife habitat;and conserve groundwater supplies by establishing
5 minimum stormwater management requirements and procedures for new development,
6 redevelopment,and other land disturbing activities as more specifically addressed in the
7 Stormwater Management Bylaw of the Town of Brewster.
8 2.0 DEFINITIONS
9 The following terms are defined for the purposes of this Bylaw:
10 ACRONYMS:
1 ESC—Erosion and Sediment Control Plan
12 LID—Low impact Development
13 MS4—Municinal Senaratc Storm Sewer Svstcm
14 MS WMS—Massachusetts Stormwater Mana$emcnt Standards
15 NPDES--National Pollutant Discharge i?limination Svstcm
16 SMP—Stormwater Manaaemenl Permit
17 TSS:Total Suspended Solids.
18
19 ALTER:Any activity,which will measurably change the ability of a ground surface area to
20 absorb water,increase polluted runoff,and/or change the existing surface drainage patterns.The
21 term"alter"shall include"alteration,""disturb"and"disturbance,"and"clearing."
22 APPLICANT:A property owner or agent of a property owner who has filed an application for a
23 Stormwater Management Permit(SMP).
24 BEST MANAGEMENT PRACTICE(BMP):Structural,non-structural and managerial
25 techniques that are recognized to be the most effective and practical means to prevent and/or
26 reduce increases in stormwater volumes and flows,reduce point source and nonpoint source
27 pollution,and promote stormwater quality and protection of the environment. "Structural"
28 BMPs are devices that are engineered and constructed to provide temporary storage and
29 treatment of stormwater runoff. "Nonstructural"BMPs use natural measures to reduce pollution
30 levels,do not require extensive construction efforts,and/or promote pollutant reduction by
31 eliminating the pollutant source.
32 CERTIFICATE OF COMPLETION(COC):A document issued by the Planting Board after all
33 construction activities have been completed which states that all conditions of an issued SMP
34 have been met and that a project has been completed in compliance with the conditions set forth
35 in a SMP.
36 CONVEYANCE.:Any structure or device,including pipes,drains,culverts,curb breaks,paved
37 swales or man-made swales of all types designed or utilized to move or direct stornnvater runoff
38 or existing water flow.
39 DEVELOPER:A person who undertakes or proposes to undertake development activities.
DRAFT Proposed Stormwater Management Regulations Horsley Wittcn Group,hie.
Town of Brewster,MA 2 November 12,2015
i
December 9.2015 edits
DIRECT DISCI-TARGE:Any pine,open channel,or concentrated flow path where stormwater
2 runoff is conveyed directly to a waterbodv without_prior stormwater treatment or volume
3 reduction
4 DIRECTLY CONNECTED IMPERVIOUS AREA:The nortion of on-site impervious area with
5 a direct hydraulic connection to Brewster's MS4 or a waterbodv via continuous naved surfaces.
6 gutters,drain Dines.or other conventional convevance and detention structures that do not reduce
7 runoff volume. Includes terms such as"cfI'cctive"impervious cover.
8 DISTURBANCE:Any activity that causes a temporary or permanent change in the position or
9 location of soil,vegetation,impervious cover,or other land surface that exposes soils to potential
10 erosion or otherwise alters surface drainage conditions.
11 DIMCT—D�ISC14 e n Any ny. pe,., 01101111L-1,8F k'HnEE4�tffltE�-�HW�3E}tll i�2rE'St6PP#�WfltCr
12 runoff on s wateirbodywithouf-prier;stflFnvvateF +ea"entorve6
13 reduction.
14 DIRECTLY CONNECT613l IMPERVIOUS AREA:The per-t�ian of an site 'th
15 ci-direet hydreelie eennee6on te-Rrerwsle''�",-�, oc., =.Fa-wateFbedy via eent+ftuo f�suFfec-,
16 gutters,drain pipes;or-other-eonyentional Amveyanee and-detentien struetures-thef-de not reduee
17 a-aneff volume. Ineludes terms sueh as"effeetive"' .
18 DRAINAGE EASEMENT:A legal right granted by a land owner to a grantee allowing the use
19 of private land for stormwater management purposes.
20 EROSION CONTROL:The prevention or reduction of the movement of soil particles or rock
21 fragments due to stormwater runoff.
22 I EROSION AND SEDIMENT CONTROL,PLAN(FSC):A plan that shows the location and
23 construction detail(s)of the erosion and sediment reduction controls to be utilized for a
24 construction site.
25 FLOODING:A local and temporary inundation or a rise in the surface of a body of water,such
26 that it covers land not usually under water.
27 GRADING: Changing the level or shape of the ground surface.
28 GROUNDWATER:All water beneath any land surface including water in the soil and bedrock
29 beneath water bodies.
30 HOTSPOT:Land uses or activities with higher potential for pollutant loading,such as auto
31 salvage yards,auto heeling facilities,fleet storage yards,commercial parking lots with high
32 intensity use,road salt storage areas,commercial nurseries and landscaping,outdoor storage and
33 loading areas of hazardous substances,or marinas.
34 IMPERVIOUS COVER:Any material or structure au or above the ground that prevents water
35 from infiltrating through the underlying soil. Impervious cover includes,without limitation,
36 paved parking lots,roads,sidewalks,driveways,patios,rooftops,and swimming pools. Gravel
37 and dirt surfaced roads and parking areas that can become compacted by vehicles and heavy
38 equipment are considered impervious. Permeable pavers and porous pavements designed to
39 prevent compaction are not considered impervious. The term"impervious cover"shall include
40 "impervious area"and"impervious surface."
DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,Inc.
Town of Brewster,MA 3 November 12,2015
December 9.2015 edits
I INFILTRATION:The act of conveying surface water into the ground to permit groundwater
2 recharge and the reduction of surface runoff from a project site.
3 LOW IMPACT DEVELOPMENT(LID):An approach to land development design and
4 storinwater management that attempts to mimic the natural hydrology of the site by avoiding,
5 reducing and mitigating impacts with natural,non-structurai and structural measures.
6 MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS(MSWMS):The latest
7 version as may be amended of the Stormwater Management Standards and accompanying
8 Stormwater I Iandbook issued by the Massachusetts Department of Environmental Protection
9 pursuant to authority under the Wetlands Protection Act,M.G.L.c. 131,§40,.and the
10 Massachusetts Clean Waters Act,M.G.L.c.21,§§26-53. The Stornnwater Management
11 Standards are incorporated in the Wetlands Protection Act Regulations,310 CMR 10.05(6)(k)
12 and the Water Quality Certification Regulations,314 CMR 9.06(6)(a).
13 MUNICIPAL SEPARATE.STORM SEWER SYSTEM(MS4)or MUNICIPAL.STORM
14 DRAIN SYSTEM:The system of conveyances designed or used for collecting or conveying
15 stormwater,including any road with a drainage system,street,gutter,curb,inlet,piped storm
16 drain,pumping facility,retention or detention basin,natural or man-made or altered drainage
17 channel,reservoir,and other drainage structure that together-comprise the storm drainage system
18 owned or operated by the Town of Bre%ester.
19 I NEW DEVELOPMENT:Any construction or land disturbance on a lot,or portion of lot,or
20 linear richt-of-way.or easement that is currently in a vegetated state.
21 NONPOINT SOURCE POLLUTION:Pollution from many diffuse sources caused by rainfall,
22 snowmelt,or other method of pollutant transport moving over and through the ground. As the
23 runoff moves,it picks up and carries away natural and human-made pollutants, finally depositing
24 them into water resource areas.
25 OPERATION AND MAINTENANCE PLAN("O&M Plan"):A plan that defines the functional,
26 financial and organizational mechanisms for the ongoing operation and maintenance of a
27 stormwater management system to insure that it continues to function as designed.
28 OWNER:A person with a legal or equitable interest in a property.
29 PERSON:Any individual,group of individuals,association,partnership,corporation,company,
30 business organization,trust,estate,the Commonwealth or political subdivision thereof to(lie
31 extent subject to Town Bylaws,administrative agency,public or quasi-public corporation or
32 body,the Town ol'Brewster,and any other legal entity, its legal representatives,agents,or
33 assigns.
34 PRE DE-VE14)P ENT.The. .,,nt:ons that existr to the. sed deyel pment. "—tee
35 phased developnKwA—,:-F4 ,-apt-✓/Wl 9ceurs(e.g.,pre I:.,,inur/gxxling,,..,ad and utilities et,.)
36 (lie existing con on5ri."he-time prior to the firstpion submission shall establish pre-
37 development erldwo i-.
38 POiNT SOURCE:Any discernible,confined,and discrete conveyance,including but not limited
39 to,any pipe,ditch,channel,tunnel,conduit,well,discrete fissure,or container from which
40 pollutants are or may be discharged.
41 POST-CONSTRUCTION or POST-DEVELOPMEN'I':'fire conditions that reasonably may be
42 expected or anticipated to exist aper completion of the proposed development activity in
DRAFT Proposed Slormwater Management Regulations Ilorsley Witten Group,Inc.
Town of Brewster,MA 4 November 12,2015
December 9.2015 edits
1 accordance with approved plans on a specific site or tract of land. Post-development refers to the
2 phase of a new development or redevelopment project after completion,and does not refer to the
3 construction phase of a project.
4 PRE-DEVELOPMENT:The conditions that exist prior to the Dronoscd develoDmenl. Where
5 Dhased development or elan approval occurs(e.e..oreliminary eradine.roads.and utilities.ct0.
6 the existine conditions at the time nrior to the first n_lan submission shall establish orc-
7 development conditions.
8 PROJECT AREA:The nortion of a narecl of land being developed or redeveloped.
9 RECHARGE:The replenishment ot'groundwater reserves.
10 RECORD DRAWING:Drawings that completely record and document applicable aspects and
1 l features of the conditions of a project following construction using Stormwater Management
12 Plans derived from a Stormwater Management Permit.
13 REDEVELOPMENT:Any construction,alteration,improvement,repaving,or resurfacing on a
14 site that contains impervious cover,provided the activity does not increase net impervious cover.
15 I Portions of a proiect that increase imDervious cover will be treated as new development.
16 RESOURCE,AREA:Any area protected under including without limitation:the Massachusetts
17 Wetlands Protection Act,Massachusetts Rivers Act,or Town of Brewster Wetlands Protection
18 Bylaw.
19 REVIEW/REVIEWING BOARD:The Plannine Board and/or the Conservation Commission of
20 the Town of Brewster. R `. V IR;'INC ACH"A IT: n ,.-,-...,.,o .,loyee board, agent delegate
21 afd to.,aad mister,i—a o�„� I.,1 enforee the St, ,o
22 Management-flaw:
23 ROAD IMPROVEMENTS:For the purposes of this bylaw,work on existing roads that trigger
24 stormwater management compliance include resurfacing projects when the sub-base is
25 intersected,the road is being widened,or when the project includes direct drainage to a beach,
26 pond,tributary,or wetland. Re-grading of unpaved roads does not trigger compliance with
27 stormwater standards unless the road is being widened,or if it includes a direct discharge to a
28 beach,pond,tributary,or wetland,
29 RUNOFF;RanfallaFmev tmelt-water-owing-over tl}etmund-surface or-aiher surface(e
30 rooftop).
31 SEDIMENTATION:A process of depositing material that has been suspended and transported
32 in water.
33 SLOPE:The incline of a ground surface expressed as a ratio of horizontal distance to vertical
34 distance(e.g.a 4:1 slope). It can also be expressed as a percentage of the vertical rise divided by
35 the horizontal distance(e.g.a twenty-five(25)percent slope).
36 SITE:The entire parcel of land being developed,redeveloped,or otherwise altered or disturbed.
37 STORMWATER MANAGEMENT:Usina eneineered structures and non-structural (c.e...site
38 design,verrctatian)measures to reduce runoff volume and rates,remove pollutants,nromotc
39 infiltration,or minimize sources of pollution.
DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,Inc.
Town of Brewster,MA 5 November 12,2015
Deccinber 9.2015 edits
I STORMWATER MO N A!_1:1sACH1T PRACTICE:En ed strxz/\wza xnd tion st«.,,.t....al(e.g.5
2 &ke-design,vegetati'oit)-measures used4o-eontml .1: ell .r. o manage peak flow rates,
3 flteF, ,i fit ruee,reuse, »s„mTukisits ffem coming into eontuei with st6FffiwEk( F
4 STORMWATER MANAGEMENT PERMIT(SMF'):A permit issued by the Reviewine Board
5 atter review of an application,plans,calculations.and other sunnortine documents.
7 after Feview of air 'ons ,und ether suppefting daeunients,whieh F9
8 desigfiedla-preteet the environ eflt-of the 4„e TownPam the del
9 untreated starmwater runoff,
14 STORMWATFR RUNOFF:Rainfall or snowmelt water tlowina over the around surface or
1 I other surface(e.a..roofloo).
12 STOP WORK ORDER.Ari order issued which requires that all construction activity or land
13 disturbance on a site be stopped.
14 I Vital Suspended r^r,I.
15 Terms not defined sliall he construed according to their customary and usual meaning,unless the
16 context indicates a special or technical meaning. Words used in the present tense include the
17 future;words in the singular number include the plural and words in the plural number include
18 I the singular,and the word"shall" is mandatory and riot-directory a sue_eestion.Additional
19 definitions may be adopted by separate regulation.
20 End- 1
21 3.0 AUTHORITY
22 A. The Regulations contained herein have been adopted by the Planning Board in
23 accordance with the Town of Brewster Stormwater Management Bylaw.
24 B. These Stormwater Regulations may be periodicall amended by the Planning Board in
25 accordance with the procedures outlined in 272.5 of the Town of Brewster
26 Stormwater Management Bylaw.
27
28 4.0 ADMINISTRATION
29 The Planning Board shall administer these Regulations for applicable projects or activities.
30 unless
31 For those projects or activities that are within the jurisdiction of the Conservation Commission
32 (through the Wetlands Protection Act and anv local reeulations,in-rwhieh-ease;storrnwater
33 review for the entire project and all-related-projects required-as a mutt ofthe-uo-tivity-proposed
34 "e applieant-shall be designaied-to under the jurisdiction of the Conservation Commission
35 v4thaut Further aetion nee eddy the Ian VhT Beard. The speeifie applieation-5ubmissim
36 requiFemenis, bli ,ot. ..i and fi q, remenis of dieConser at'^
37 bo:e~ t4o+eai„-Fevewnd-alaprowal Rulfiorst.' r�.��.l�.
38 application:
39 For single and two-family residential projects that do not require a Stormwater Management
40 I Permit(SMP),these regulations sliall be administered through the Building Permits rp oCess.
DRAFT Proposed Stormwater Managenncnt Regulations Horsley Witten Group,Inc.
Town of Brewster,MA 6 November 12,2015
December 9.2015 edits
l
2 5.0 APPLICABILITY
3 I These Regulations apply to all activities subject to§1111111111111111272.6 Applicability,of the
4 Stormwater Management Bylaw. Projects and/or activities that are not currently under the
5 regulatory jurisdiction of any of the Town of Brewster boards,commissions or departments,yet
6 are still subject to the Town of Brewster Stormwater Management Bylaw,must obtain a
7 Stormwater Management Permit(SMP) from the Planning Board or Conservation Commission
8 in accordance with the permit procedures and requirements defined in§■and§M of these
9 Rcgulations.
10 No work may commence without written approval of the Planning Board,Conservation
I 1 I Commission,and/or Building inspeotoFCommissioner,as applicable,confirming that the project
12 or activity is in compliance with the performance standards and design criteria in §®of these
13 Regulations.
14
15 6.0 PROCEDURES
16 A. A Stormwater Management Permit(SMP)is required prior to any land disturbance
17 activity for projects that meet or exceed the thresholds for a SMP as outlined in the
18 Stormwater Management Bylaw§272.6 A.B.and C.
19 B. Single-family and two-i'amily residential projects requiring stormwater management do
20 not need to obtain a SMP or aonear before the Plannina Board:however,documentation
21 of stortnwater controls must be provided as part of the Building Permit-,or-as-part af all
22 app„.....,r r_.,..,th Q it-ding inspector...r,a�.,.�re a Bu Iding Pit of required.
23 C. A land owner or lessee shall not receive any of the building,clearing,grading or outer
24 land development permits required for land disturbing activities without first meeting the
25 requirements of the Bylaw and these Regulations.
26 D. SMP Filing Application
27 The applicant shall file with either the Planting Board or the Conservation Commission
28 (herein designated as the Review Board),an eriginal and twelve(12)• . )PU
29 eempleted appPeatioekage 1bf a c""u While the applicant call be a representative,
30 the permittee must be the properly owner or lessee. The applieant must eeFtify-thal-tite
31 epplieatio n is complete The SMP application package may be submitted in two stages
32 —an optional Concept Plan and the required Final Platt.
33 Review of the Concept Plan is field in conjunction with Staff Review when StaffRe..ie
34 +s required, if other portions of the project fall are subject to Stafi`Review,then all
35 project components including the Stornnvatcr Management Concept Plan are reviewed
36 simultaneously. Pisap•,-•,y..r by Staff Review of a Geneept-Nan-shal-l-not preclude the
37 applicant ftom preeeeditig with Final Plan,neF shale nr efa r eneept-Platt
38 necessitate-apttr•vel or,.Final or ., Ali applicant may choose not to submit a ship the
39 Concept Plan step-al his/her own discretion and proceed directly with a Final Plan
40 application.
DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,]lie.
Town of Brewster,MA 7 November 12,2015
i
December 9.2015 edits
1
Mien ee rrn "ui ed,review of the Concept ot.,,, r, u be ,,,r,.eted by he
s
2 Planning card orCmnse ,a'tL,fn car,miss ion'
3 The following are the application filing requirements:
4 I. For the Concept Plan(optional),an original and 12(twelve)conies of:
5 a. A completed current SMP Application Form(p-avided ii see Appendix Baud
6 also avallahle firorn-the-Rlunning Be ..a affi r4he�fl4W1-or-Brewste, -„brise)
7 with original signatures of all owners;and
8 bbStormwater Management Concept Plan and supporting information prepared in
9 accordance with the euFre i
"Checklist checklist for-Stormwatep-Wnagenien
10 Concept Plan” i( in Appendix C••and,
I I Vic. Copies of the application and all supporting materials in an approved digital
12 format(ndf)
13 2. For the Final Plan and SMP Application,an orip,inal and 12(twelve)copies of:
14 a. A completed current SMP Application Form(provided4w see Appendix Band
15 also aYaRable Wrn(lie Planning Board OMOO OF the T. . ol*BrewsieF r �
16 with original signatures of all owners;
17 b. Stormwatcr Management Final Plan and supporting information prepared in
18 accordance with the SMP checklist eurfent"Gheeki:., 'HF F:nal Star...,,aLer
19 Management Plan"a,provided-in Appendix C;
20 c. Erosion and Sediment Control Plan and supporting information prepared in
21 accordance with the current ESC checklist"Cheelcr.s, for EP„aon and Sediment
nt
22 in Appendix D;
23 d. Operation and Maintenance Plan and supnortine information prepared in
24 accordance the current HRequirenienis for Operations and Mai SenaneeO&M
25 Plan rcuuiremcnts"as provided in Appendix E;and
26 dx. Copies of the application and all supporting materials in an approved digital
27 format(ndf):and
28 ed'.Payment of the Application and Consultant Sem,iees Fees pursuant to Section
29 6.OF of these Stormwater Management Regulations.End-2
30 E. Entry
31 Filing an application for a SMP grants the Review Board permission to enter the site
32 throughout the term of the permit to verify the information in the application and to
33 inspect for compliance with the resulting permit.
34 F. Fees
35 The Review Board shall ohtain with each submission an Application Fee to cover
36 expenses connected with the review of the SMP and a technical review fee sufficient to
37 cover professional review services for the project, if needed. Applicants must pay review
38 fees before the review process may begin.
39 1. Rules
DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,file.
Town of Brewster,MA 8 November 12,2015