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Brentwood ZBA grants variance for wetland-buffer work at Revolution Real Estate site, approves condition for closed drainage design
Summary
The Brentwood Zoning Board of Adjustment granted a variance to Revolution Real Estate allowing permanent grading within the town's 50-foot wetland no-cut buffer to construct vegetated detention/treatment ponds, subject to town-engineer-approved closed drainage details.
The Brentwood Zoning Board of Adjustment voted to approve a variance allowing 3,880 square feet of permanent grading within the town's 50-foot no-cut wetland buffer for a development proposed by Revolution Real Estate. The board's approval is conditional on the applicant providing a closed drainage system design and construction details to the town's consulting engineer (TEC) and obtaining that engineer's written acceptance of material and installation specifications.
Dan Page of Jones & Beach Engineers, representing Revolution Real Estate, told the board that a recent site visit and a conservation-commission discussion had been "very productive" and that the proposed detention/treatment ponds are intended to stop existing sheet flow and reduce siltation into the wetland. The board and staff noted the proposal would add vegetated treatment and detention where currently exposed soils provide little buffer protection.
Board members framed the decision around the standard variance criteria in the town regulations. The board agreed with the applicant's written responses and the town planner's memorandum that: the existing buffer had been previously altered and provided limited protection; the proposed ponds would treat runoff and add vegetation; the design would not place new impervious surfaces closer to the wetland; and that the plan could advance wetland protection compared with current conditions. The board also referenced a TEC memo dated May 9 and placed TEC's item No. 12 (a recommendation to consider a closed drainage system along the driveway to preserve the landscape buffer) into the approval condition.
The conservation commission had submitted comments that were placed on the record. The applicant and the board acknowledged that the state Department of Environmental Services had previously required a wetlands remediation plan for illegal fill on the property but that the state approval does not itself waive local buffer rules; that local wetland-buffer requirement is separate and the variance process is the vehicle to address it.
The motion to approve the variance with the condition (closed drainage system material, design and installation to be approved by TEC) passed by voice vote. The board directed the applicant to provide the closed-drainage details to TEC; the variance approval will be recorded in the ZBA's notice of decision with the condition attached. Planning-board review of the site plan was scheduled to continue at an upcoming meeting.
Ending: The board's conditional approval allows the applicant to proceed with the town-level wetland-buffer relief only after TEC signs off on the drainage design; the approval runs with the property and the applicant was advised that future owners would be bound by the condition and by the plan recorded with the planning board.
