Chapter 290, SUBDIVISION RULES AND REGULATIONS

[HISTORY: Adopted by the Planning Board of the Town of Brewster effective 5-1-1985. Amendments noted where applicable.]

 GENERAL REFERENCES

Zoning -- See Ch. 179. 

 

 

§290-1. Purpose.

These Subdivision regulations have been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of Brewster by regulating the laying out and construction of ways in subdivisions providing access to the lots therein, but which have not become public ways, and ensuring sanitary conditions in subdivisions, and in proper cases, parks and open areas. The powers of the Planning Board under the Subdivision Control Law and these regulations shall be exercised with due regard for:

1.      the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel;

2.      lessening congestion in such ways and in the adjacent public ways;

3.      reducing danger to life and limb in the operation of motor vehicles;

4.      securing safety in the case of fire, flood, panic and other emergencies;

5.      insuring compliance with the applicable zoning ordinances or by-laws;

6.      securing adequate provision for water, sewerage, drainage, underground utility service, fire, police, and other requirements where necessary in a subdivision;

7.      protecting, promoting and enhancing the natural beauty and amenities of Brewster;

8.      coordinating the ways in a subdivision with each other and with the public ways in the Town and with the ways in neighboring subdivisions. 

 

In fulfilling the purpose of this law, the Planning Board shall have the power to review the impact of the proposed land division and road layout on the Town of Brewster as well as abutting communities. Further, the Planning Board shall have the power to negotiate with applicants filing under this statute, utilizing the provisions of MGL, Chapter 41, Section 81-R to ensure the protection of the Town's natural and built environment.

 

§ 290-2. Authority.

Under the authority vested in the Planning Board of the Town of Brewster by MGL C.41, § 81Q, said Board hereby adopts these rules and regulations governing the subdivision of land in the Town of Brewster. These rules and regulations shall supersede and replace any previously adopted Subdivision Control Law rules and regulations and may be amended in accordance with the provisions of MGL C.41, § 81Q. 

 

§ 290-3. Definitions.

For the purpose of these rules and regulations, the terms and words in the following list shall have the stated meanings. In addition, unless a contrary intention clearly appears, the other terms and words defined in the Massachusetts Subdivision Control Law shall have the meanings given therein. 

 

APPLICANT -- Either the owner of the land stated in the application for subdivision or all the owners where title is held jointly, in common or in tenancy by the entirety, including corporations. An agent, representatives or his assigns may act for the owner, provided that written evidence of such fact is submitted. Evidence in the form of a list of their officers and designated authority to sign legal documents shall be required for a corporation.

BOARD -- The Planning Board of the Town of Brewster.  

ENGINEER -- Any person who has been registered or otherwise legally authorized by the Commonwealth of Massachusetts to perform professional engineering service, whose background is civil engineering.

SUBDIVISION -- The division of a tract of land into two or more lots, including resubdivision, and, when appropriate to the context, relating to the process of subdivision of the land or territory subdivided; provided, however, that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the Subdivision Control Law if, at the time when it is made, every lot within the tract so divided has frontage on a public way or a way which the Town Clerk certifies is maintained and used as a public way; a way shown on a plan previously approved and endorsed in accordance with the Subdivision Control Law; or a way in existence when the Subdivision Control Law became effective in the town having, in the opinion of the Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is then required by zoning or other bylaw, if any, for erection of a building on such lot. Conveyances or other instruments adding to, taking away from or changing the size and shape of lots in such a manner as not to leave any lot so affected without the frontage above set forth, or the division of a tract of land on which two or more buildings were standing when the Subdivision Control Law went into effect in the town into separate lots on each of which one of such buildings remains standing, shall not constitute a "subdivision." 

SUBDIVISION CONTROL LAW -- Refers to MGL C.41, §§81K to 81GG, titled The Subdivision Control Law.  

SURVEYOR, LAND -- Any person who has been registered or otherwise legally authorized by the Commonwealth of Massachusetts to perform land surveying services , whose background is in civil engineering.  

§290-4. Plans not requiring approval. 

A)    Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land, and who believes that his plan does not require approval under the Subdivision Control Law, may submit his plan and the appropriate application form AEN to the Board accompanied by the necessary evidence to show that the plan does not require approval.  Said person shall file, by delivery or by registered or certified mail, a notice with the Town Clerk stating the date of submission for such determination, and accompanied by a copy of said application. 

B)     If the Board determines that the plan does not require approval, it shall, without a public hearing and within twenty-one (21) days of submission, endorse on a plan the words "Planning Board Approval Under Subdivision Control Law Not Required." Said plan shall be returned to the applicant, and the Board shall notify the Town Clerk of its action. [Amended effective 10-15-1987 move this to an endnote] 

2)      Name of the record owner, name of the registered land surveyor, and the Barnstable Registry of Deeds book and page reference of conveyance to record owner.

3)      Area of each lot in square feet and acres.

5)      Where practical, boundary lines of contiguous and adjacent land and the names of the owners thereof, as determined from the most recent tax list.

12) Location and area of any wetlands on the lots being created by the plan (including the lot being created by the remaining land). In lieu of delineating the wetlands on the remaining land, the applicant may provide written certification from the surveyor or Professional engineer who prepared the plan that the remaining parcel of land contains the minimum upland area required under the Zoning By-laws.

D)    If the Board determines that the plan does require approval under the Subdivision Control Law, it shall, within twenty-one (21) days of submission of said plan, so inform the applicant and return the plan. The Board also shall notify the Town Clerk of its determination. If the Board fails to act upon the plan within the prescribed twenty-one (21) days, it shall be deemed to have determined that approval under the Subdivision Control Law is not required. 

E)     In acting on such a plan, the Board must ask if the way on which this plan of land is located is adequate to handle all the traffic generated from all sources and also if the design and construction of this way are in reasonable compliance with the standards shown in Article IV of these rules and regulations. A negative answer to either question will justify disapproval.   

 

§290-5. Submission of definitive plan required.

No person shall make a subdivision within the meaning of the Subdivision Control Law of any land within the town, or proceed with the improvement or sale of lots in a subdivision or the construction of ways or the installation of municipal services therein, unless and until a definitive plan of such subdivision has been submitted to and approved by the Board as hereinafter provided. 

 

§ 290-6. Required Planning Board consent. 

A. Not more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision or elsewhere in the town without the consent of the Planning Board.  (does that mean only one dwelling is permitted per lot, or that for more than one dwelling you need planning board consent).

B. Such consent shall be conditional upon the providing of adequate ways furnishing access to each site for such building in the same manner as otherwise required for lots within a subdivision, and the Table of Area Regulations of the Zoning Chapter shall apply. Ways within the subdivision must be in accordance with Article IV of these rules and regulations, and those ways used for access to the subdivision must be in reasonable compliance with these same standards.   

 

§290-7. Flood hazard review.

In addition to all other requirements hereunder, the Planning Board will review all proposed subdivisions, and all new construction in accepted subdivisions within any National Flood Insurance Program flood hazard boundary areas, as designated on the Flood Insurance Rate Maps as adopted by the town to determine that all such proposed subdivisions are consistent with the need to minimize flood damage by providing adequate drainage so as to reduce exposure to flood hazards within the subdivision and on adjacent land and by requiring that all utilities be located and constructed so as to minimize or eliminate flood damage. 

 

§ 290-8. Adequate access. [Amended 5-1-1990 move to endnote] 

A. General. Plans shall be endorsed as not requiring approval under the Subdivision Control Law, and subdivision plans shall be approved, only if each building lot to be created by such plans has adequate access as intended under the Subdivision Control Law, MGL C. 41, § 81-K through GG. 

B. Standards of adequacy. 

1)      Ways which qualify as access only because of having been in existence when the Subdivision Control Law became effective in the town shall normally be considered to provide adequate access to proposed lots, said not to constitute a subdivision only if having a paved width of at least 16 feet at all points, at least 150 feet stopping sight distance, drainage assuring uninterrupted access and other design and construction features which, in the judgment of the Planning Board, similarly provide for basic movement and safety. Other ways will be determined to provide adequate access only if in physical reality they are of sufficient width and suitable to accommodate motor vehicle traffic and to provide access for fire-fighting equipment and other emergency vehicles. 

2)      Ways shall normally be considered to provide adequate access to proposed subdivisions only if they provide connection to a state-numbered highway via roads which, with no more than minor exceptions, continuously meet the standards of Article IV, except for right-of-way width. 

3)      Ways within subdivisions shall be considered to provide adequate access only if they comply fully with these regulations.   

C. Waiver. The Board may waive strict compliance with these access requirements upon its determination that the way in question will still provide adequate width, grades and construction to serve potential uses of land abutting on or served by the way in question. In reaching such determination, the Board shall consult with the Department of Public Works, Police Chief or Fire Chief.    

 

§ 290-9. Preliminary plans. 

A. General. A preliminary plan of a subdivision may be submitted by the applicant for discussion and action by the Board. The submission of such a preliminary plan will enable the applicant, the Board, other municipal agencies and owners of property abutting the subdivision to discuss and clarify any problems of such subdivision before a definitive plan is prepared. Therefore, it is strongly recommended that a preliminary plan be filed in every case. A properly executed application form BEN shall be filed with the preliminary plan submitted to the Board. The plan shall be submitted by delivery at a meeting of the Board or by delivery or registered or certified mail to the Board, in care of the Town Clerk. If so mailed, the date of mailing shall be the date of submission of the plan. In addition, written notice shall be given by the applicant to the Town Clerk by delivery or by registered or certified mail that he has submitted such a plan. 

B. Contents. 

1)      The preliminary plan may be drawn on tracing paper 24 inches by 36 inches in size with pencil at a scale of not less than one inch equals 100 feet, and two prints will be filed with the Secretary of the Board. Said preliminary plan shall be identified as a preliminary plan and shall show sufficient information about the subdivision to form a clear basis for discussion of its problems and for the preparations of Subsections (1) to (7), inclusive, of the contents of the definitive plan (§290-10B), plus the legend and title "Preliminary Plan," name of the engineer and/or land surveyor responsible for the plan, proposed system of drainage, an approximate area and dimensions, all existing utilities on adjacent properties and topography of land in a general manner. The Planning Board may require topography for the entire property to be topographed from United States Geological Survey maps or on-site survey. During discussion of the preliminary plan, the complete information required for the definitive plan (§290-10B) will be developed. 

2)      Names and addresses of abutters will not be required for discussion of a preliminary plan. 

3)      The proposed names of streets should be contained in a letter submitted to the Planning Board for review and approval by the Department of Public Works and Police Department, §290-10B(4). 

4)      The Board shall be advised at this time what waivers, if any, will be requested from the Planning Board Rules and Regulations for Subdivisions. [Added effective 10-15-1987 move to endnote]   

C. Action by Board. 

1)      The Board may give such preliminary plan its approval, with or without modification. Such approval does not constitute approval of a subdivision but does facilitate the procedure in securing final approval of the definitive plan. 

2)      The Board may also disapprove the plan. A Disapproval shall be accompanied by a detailed statement of reasons for the action. 

3)      Notice of its action must be given by the Board to the applicant and Town Clerk within forty-five (45) days of the date of submission.     

4)      Existing and proposed lines of streets, easements, and any public areas within the subdivision, in a general manner.

9)      The existing topography of the land at two (2) foot intervals based on field survey and referenced to United States Geodetic Geological Survey (USGS) datum. Existing topography is to be indicated by dashed lines with elevations shown.

E.      Approval and Disapproval.

 

§290-10. Definitive plans. 

A. General. Any person who submits a definitive plan of a subdivision to the Board for approval shall file with the Secretary of the Board the following: 

1)      An original reproducible drawing of the definitive plan (includes all plans, maps and cross sections required by §290-10B) and nine sixteen contact prints thereof, dark line on white background. The original drawing will be returned after approval or disapproval. Amended effective 10-15-1987 -- endnote] 

2)      A properly executed application form C.EN 

3)      Evidence that the definitive plan conforms to the approved preliminary plan or that the definitive plan includes the modifications required by the Board's action on the preliminary plan. 

4)      A filing fee in accordance with the fee schedule. Costs of advertising of the hearing, postage and any special engineering surveys will be payable at the hearing or prior to the Board's rendering a decision.                  

5)      A separate location locus plan of the subdivision at a scale of one inch equals 800 feet, indicating the position within the Massachusetts Coordinate System as specified in Chapter 47 of the Acts of 1941 and showing the right-of-way lines of all proposed streets in the subdivision and their location in relation to two or more existing streets, or portions thereof, shown and readily identifiable as to locus on the Town Map and to such accuracy that the Town Map may be placed over the location plan for purposes of actual transfer. 

6)      A certified list of all abutters with addresses as they appear in the most recent tax list, in addition to the information required on Form D, plus a sketch of land. 

7)      A statement of the applicant's choice of methods of satisfying the performance guaranty required under §290-10K below along with the properly executed covenant if that is the method of choice. 

2)      For each of the components of the Environmental and Community Impact Analysis listed under paragraph (d) below, each of the following concerns must be separately addressed:

 

                                                             ii.      Zoning - Compatibility of proposed development with the purposes of the Zoning By-law and the Zoning district.

                                                             ii.      Public Safety: Police - The expected impact on police services, time and manpower needed to protect the proposed development and service improvements necessitated by the proposed development. Fire - Expected fire protection needs; on-site fire fighting capabilities; on-site alarm or other warning devices; fire-flow water needs, source and delivery system and other needs shall be presented. Fire Department service improvements necessitated as a result of the proposed project shall also be discussed.

                                                             ii.      The expected change in the condition of relevant road systems as a result of the proposed development;

                                                            iii.      The comparison on a per acre basis of the total vehicular traffic generation from the proposed development with:

                                                               i.      The existing condition of the road system, at the point(s) where said development may access the road system, is below Level of Service (LOS) "C"; or

g.       COST/BENEFIT ANALYSIS: This municipal cost/benefit/cost analysis should follow standard and usual procedures for measuring both the benefits to be derived and costs to be incurred by the Town of Brewster as a result of the proposed development. This element should also estimate net benefits or costs of non-quantifiable environmental impacts (?).

C. ENVIRONMENTAL ANALYSIS FOR NON-RESIDENTIAL SUBDIVISIONS. A comparative environmental analysis shall be submitted for any subdivision creating frontage potentially allowing for more than eight lots, for nonresidential subdivisions and for other cases where the Planning Board determines it appropriate in light of special circumstances. The scope of such analysis, including development alternatives to be compared and consequences to be studied, shall be as agreed to by the Planning Board but will normally be required to include at least one major alternative to the plan proposed, with as much of the following information as determined by the Planning Board to be necessary for plan evaluation. The traffic analysis shall be consistent with "Traffic Impact Guidelines," January 15, 1990, appended hereto.EN The analysis shall indicate differences among alternatives regarding; [Added 5-1-1990 endnote] 

                                 i.            Impact upon ground- and surface water quality and level including estimated phosphate and nitrate loading on groundwater and surface water from sewage disposal systems, lawn fertilizer and other activities within the development. For subdivisions located in whole or in part within Water Resource Districts established in the Zoning Bylaw, EN this shall include analysis of open and closed drainage system alternatives, examining effects upon the basic water and upon future contaminant levels. 

                               ii.            Material effects upon important wildlife habitats, outstanding botanical features and scenic or historic environs. 

                              iii.            Capability of soils, vegetative cover and proposed erosion control efforts to support proposed development without danger of erosion, silting or other instability. 

                             iv.            Relationship to the requirements of MGL. C. 131, §§ 40 and 40A (The Wetlands Protection Act). 

                               v.            Impact upon the existing water supply system and well capacity of the town. 

                             vi.            Ability of streets providing access to the subdivision to safely provide such access, including measurement of sight distances at each intersection with proposed streets, impact of development traffic on the traffic level of service, gap acceptance analysis and analysis of hazards owing to limited sight distances, alignment or other characteristics of access roads. 

                            vii.            Measures to be taken to assure compliance with the environmental controls of Article III, Development Standards, of the Development Plan Review Bylaw.EN

 

B. Contents. The definitive plan shall be prepared by an engineer and/or land surveyor and shall be clearly and legibly drawn on mylar in black India ink upon tracing cloth or other stable base material, such as drafting film. The plan shall be at a scale of one inch and scale shall not exceed one inch equals 100 feet per inch. Sheet size shall be 24 inches by 36 inches. If multiple sheets are used, they shall be accompanied by an index sheet showing the entire subdivision. The preliminary as well as the definitive plans shall contain the following information: 

1)      The subdivision name (subject to Planning Board review), boundaries, true North point arrow, date of submission and scale. 

2)      The names and addresses of record owner and applicant. 

3)      The name and address of all abutters as they appear in the most recent tax list, including owners of land separated from the subdivision only by a street, and zoning district boundaries, if any. 

4)      The existing and proposed lines of streets, lots, rights-of-way, easements and public or common areas within the subdivision. The proposed names of streets shall be contained in a letter submitted to the Planning Board for review and approval by the Department of Public Works and Police Department. All street names must include suffixes such as way, lane, road, street, etc. The purpose of easements shall be indicated and deed references for such easements provided. If the principal access to the subdivision is over a private way, not owned by the applicant, it is the responsibility of the applicant to provide evidence to the Board of his the legal right of the applicant/owner to use this access and so note on the plan. 

5)      The location, name and present widths of streets (layouts and travel surface) bounding, approaching and within 800 feet of the subdivision. 

6)      The location of natural waterways and water bodies within and adjacent to the subdivision. 

7)      The major site features, such as existing stone walls, fences, buildings and wetlands. The definition of the wetlands must be shown as well as the area in square feet and acres. 

8)      Sufficient data, including length, bearings, radii and central angle (?), to determine the exact location, direction and length of every street and way line, lot line and boundary line and to establish these lines on the ground. 

9)      Any zoning boundary passing through the parcel(s) shall be shown on the plan as well as each zoning classification and the Brewster Tax Map and lot number. 

10) The boundary lines, areas in square feet, and dimensions of all proposed lots, with all lots designated numerically. 

11) The location of all the permanent monuments and benchmarks and each proposed lot marker bound, properly identified as to whether existing or proposed. 

12) The name of the engineer and/or land surveyor who prepared the plan. Certificates and seals of the engineer and/or land surveyor that they actually prepared the plan and an additional certificate by the land surveyor that all surveying conforms to the Technical Standards for Property Surveys of the American Congress on Surveying and Mapping shall appear on the plan. 

13) Suitable space to record the action of the Board and the signatures of the members of the Board and date on each sheet of the plan. 

14) Profiles of the right-of-way lines of proposed streets at a horizontal scale of one inch equals 40 feet and a vertical scale of one inch equals four feet or such other scale acceptable by the Board. Profiles shall also indicate the location of any intersecting public or private ways and the location and size of existing and proposed storm drains catch basins, water mains, sewers and their appurtenances. The Board shall require two copies of the profiles. Total length of all streets shall to be paved within the subdivision or adjacent land will be provided on the profile by the applicant.  

15) The applicant will show house numbers on the plan as assigned by the Brewster Fire Department. House numbers shall be provided for all lots (based on lot midpoint) in accordance with the Brewster numbering system and shown on each lot on the plan. 

16) The type of development as defined in the Zoning Chapter (Ch. 179) shall be shown noted on the plan. 

17) Any requests for waivers of the Planning Board rules and regulations shall be contained in a letter accompanying the definitive plan. 

C. Review by Town Boards and Commissions. At the time of the filing of the definitive plan, a copy shall be given to the following Boards and Commissions: 

1)      The Board of Health shall, within 45 days after the submission of the plan, report to the Planning Board in writing its approval or disapproval of said plan and that septic permits will be issued only if each system can perform to the requirements of Title V and/or other applicable regulations. 

2)      The Planning Board will require a letter of review from the Superintendent of Public Works, the Chiefs of the Fire and Police Departments, the Building Commissioner and the Superintendent of the Water Department. The Planning Board must reply in writing, explaining its reasons, if it acts contrary to theirrecommendations. [Amended effective 10-15-1987 -- endnote]

3)      The Conservation Commission shall receive a copy of this plan for its consideration regarding proximity to ponds and wetlands. A written report to the Planning Board would ensure an opportunity for discussion of any problems issues at the public hearing.   

D. Utility approval. Where the developed property includes a utility right-of-way, evidence of NStar or the local electric company approval must be submitted, when required. [Added effective 10-15-1987EN and 05/28/08 endnote] 

E. Drainage and septage.  The approval of any type of development of a parcel of land of 15 acres or larger shall be preceded by soil analysis tests. Initially, at least four test borings must be made to a level five feet below the water table. The cores of these test borings and the direction of water flow shall be used to evaluate the general character of the land and establish whether further tests and/or groundwater monitoring will be required by the Board of Health Department for septage systems or by the Department of Public Works for approval of drainage systems. Some test borings may be required on any size tract if the Planning Board or Board of Health Department believe it necessary for evaluation before approval. 

F. Public hearings. Before approval, modification and approval, or disapproval of the definitive plan is given, a public hearing shall be held by the Board; notice of the time and place of which and of the subject matter, sufficient for identification, shall be given by the Board at the expense of the applicant by advertisement in a newspaper of general circulation in the town once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing and by mailing a copy of such advertisement to the applicant and to all abutters owners of land abutting upon the land included in such plan or separated from such land only by a street as appearing on the most recent tax list. 

G. Approval, modification or disapproval. After the required public hearing but within the period specified in the Subdivision Control Law of submission of the definitive plan, final action shall be taken by a majority of the or Board after receipt of bond or covenant, modification see statute in the vote of the Board. [effective 05-28-08 endnote]

H. Certificate of approval. The action of the Board in respect to such plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by delivery or by registered or certified mail to the applicant. If the Board modifies or disapproves such plan, it shall state in vote the reason for its action. Final approval, if granted, shall be endorsed on the original drawing of the definitive plan by the signatures of a majority of the Board, but not until the statutory twenty-day appeal period has elapsed following the filing of the certificate of the action of the Board with the Town Clerk and said Clerk has notified the Board that no appeal has been filed, or if appeal has been taken, not until the entry of a final decree of the court sustaining the approval of such plan.  After the definitive plan has been approved and endorsed, the Board shall retain a copy for its files the applicant shall furnish the Board with a photographic sepia and five direct contact prints. 

I. Recording of plan. Within 10 days after the definitive plan, as approved and endorsed, has been recorded at the Barnstable County Registry of Deeds and, in the case of registered land, with the recorder of the Land Court, the applicant shall furnish the Board with a copy of each plan, reproduced by the Registry of Deeds, on which shall be inscribed the plan book and page number where this plan is recorded. 

J. Road layout. Approval of the definitive plan does not constitute the laying out or acceptance by the Town of streets within a subdivision. However, all roads in the subdivision shall be so constructed as to conform to the town's requirements for laying out and accepting of roads, and the developer will provide, before final acceptance of the subdivision, an as-built plan of the road layout a layout suitable for the taking of said roads. 

K. Performance guaranty. Before endorsement of the Board's approval of a definitive plan of a subdivision, the applicant shall secure the completion of the required improvements specified in Article V for all of the lots in the subdivision as follows: 

1)      Approval with bonds or surety. The applicant shall either file a surety company performance bond or a deposit of money or negotiable securities in an amount determined by the Board to be sufficient to cover 150% of the cost of all or any part of the improvements specified in Article V. In case of negotiable securities, the value required shall be increased by 100% greater than a bond. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by the Town Counsel and as to the sureties by the Town Treasurer and shall be contingent on completion of such improvements within two years of the date of endorsement of the plan. 

2)      Approval with covenant. The applicant shall file with the Planning Board, and properly record along with the endorsed plan, a properly executed covenant, running with the land, whereby such ways and services shall be provided to serve any lot before such lot may be built upon or conveyed other than by mortgage deed. Such covenant shall be executed on the form provided by the Planning Board and approved by Town Counsel and shall be contingent upon the completion of all required improvements within two years of the date of endorsement of the plan what happens if they don’t. At the discretion of the Board, a time extension may be granted.

M. Release of performance guaranty. Upon the completion of improvements required under Article V, a security for the performance of which was given by bond, deposit or upon the performance guaranty with respect to any lot, the applicant shall send by registered or certified mail or delivered in person to the Town Clerk and to the Board each a written statement in duplicate that said construction or installation in connection with which such bond or deposit has been given has been completed in accordance with requirements contained under Article V.  Such statement shall contain the address of the applicant. If the Board determines that said construction or installation has not been completed, it shall specify to the applicant in writing the details wherein said construction and installation fails to comply with the requirements contained under Article V. Upon failure of the Board to act on such application within 45 days after the receipt of the application statement by the Town Clerk, all obligations under the bond shall cease and terminate by operation of law, and any deposit shall be returned. In the event that said forty-five-day period expires without such specifications, or without the release and return of the bond or return of the deposit as aforesaid, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded. No performance guaranty shall be released by the Planning Board until, in addition to the requirements noted above, the applicant or his the applicant’s agent have submitted to the Planning Board two (2) copies of an as-built plan of the subdivision and subdivision roads the definitive plan evidencing that the plan has been recorded with the Registry of Deeds and a floppy disk(s) containing the computer aided design (CAD) files, suitable for adaptation by the Town, in DXF format, containing the Definitive Plan(s) as approved and endorsed by the Planning Board.

N. Status reports. The applicant shall report the status of the construction, installation and completion of the subdivision to the Board every six months from the date the definitive plan is approved endorsed to the final completion of the subdivision. Such status report may be made at a regularly scheduled Planning Board meeting and shall be made in writing. 

 

     

§290-11. Streets and underground utilities. 

A. At least one street in the new subdivision will connect with a road which will provide access to the new subdivision, and said road shall meet the requirements of MGL C. 41 §81M, in the opinion of the Board. 

B. Location. 

1)      All streets in the subdivision shall be designed so that, in the opinion of the Board, they will provide safe vehicular travel. Due consideration shall also be given by the subdivider to the attractiveness of the street layout in order to obtain the maximum livability and amenity of the subdivision. No traveled(?) way in the subdivision may be located closer to a property line than 25 feet (except where a cul-de-sac is planned for future extension). [Amended effective 10-15-1987 endnote] 

2)      Provision satisfactory to the Board shall be made for the proper projection of streets or for access to adjoining property which has not been subdivided. Any street in a new subdivision that abuts vacant land, if terminated, shall provide turnarounds as provided in Table 2, EN with easements (over land in the subdivision?) of 45 feet in length and 40 feet in width extending to the boundary of the subdivision with the vacant land, such that streets can be extended into further subdivision. Any street in a new subdivision that abuts an existing subdivision shall connect with the existing town roads in the older subdivision, or with the existing private road (with the written permission of the owners on the private road), if proper rights-of-way are granted by the older subdivision. If it is impossible to connect the roads of the new subdivision with the roads of an abutting older subdivision, or subdivisions, the new roads will revert into themselves (what does this mean??), and if such is impossible, no turnaround will be permitted within 300 feet of the boundary line of the subdivision with the existing subdivision. 

3)      Reserve strips prohibiting access from streets or adjoining property shall not be permitted, except where, in the opinion of the Board, such strips shall be in the public interest. 

4)      In case access to a subdivision crosses land in another municipality, the Board may require certification from appropriate authorities that such access is in accordance with requirements of such municipality and that a legally adequate performance bond has been duly posted or that such access is adequately improved to handle prospective traffic. 

C. Alignment, grade, culs-de-sac and intersections. These shall be in accordance with the standards in Table 2. EN 

D. Culs-de-sac (turnarounds). These shall be completely paved.  A center island, with bituminous curbing, will require written approval. 

E. Bridges. They shall be designed in accordance with the standards of the Massachusetts Department of Public Works. 

F. Retaining walls. They shall be installed where deemed necessary by the Board, as advised by the Town Engineer, and shall comply with specifications set forth in Standard Specifications for Highways and Bridges, as amended. 

G. Half streets. A half street, one that is a portion of a proposed street running astride a common boundary line, said portion being within a subdivision under consideration, shall be prohibited. 

H. Two streets serving the same lot(s). Streets should be laid out in such a way as to avoid the situation where two parallel streets are providing frontage to the same lot or lots, except where essential to overcome separation of residential development from major streets or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet shall be provided along the rear lot lines abutting such a major street or other disadvantageous use. There shall be no right of access across such easement. 

I. Multiple intersections. Multiple intersections involving a junction of more than two streets shall be prohibited. 

J. Utility installation. All utilities shall be installed underground and will conform to requirements of the utility companies and the Town of Brewster. The applicant shall employ at his own expense an engineer to set all lines and grades in a manner satisfactory to the Board, as advised by the Town Engineer. 

K. Streetlights. The applicant shall install and operate at his own expense a streetlight at the intersection of the subdivision street and the Town road. The light shall be a sodium vapor lamp with size and location to be established by the Police Chief.

L. Street construction. The applicant shall notify the Planning Board in writing of the appointment of the following: 

1)      A land surveyor, employed at the applicant's expense to set lines and grades in accordance with the definitive plan. 

2)      A project manager (who must be a professional engineer), employed at the developer's expense, to serve as a contact person for all town departments and boards and who shall also be able to certify as to the contractor's compliance with Planning Board rules and regulations as regards road construction. He shall also file written status reports as per §290-10N of the Planning Board Rules and Regulations. [Amended effective 10-15-1987 endnote] 

3)      All unsuitable material (i.e., poor, below the subgrade) shall be removed to a minimum depth of 30 inches and shall be replaced by permeable soil (medium and coarse sands and gravels) and capped by a six-inch layer (compacted depth) of hardening topped by a four-inch layer (compacted depth) of processed stone (i.e. rock, crusher run, bluestone) or other material approved by the Massachusetts Department of Public Works Standard Specifications for Highways, Bridges and Waterways (1973, as amended), Section 170. [Amended effective 10-15-1987] 

4)      The subgrade shall be classified as follows: 

                                                         i.            Poor. Subgrade soils which become quite soft and plastic when wet. Included are those soils having appreciable amounts of clay and silt and fine sand where frost penetration into the subgrade is expected. 

                                                       ii.            Medium. Subgrade soils which retain a moderate degree of firmness when saturated. Included are such soils as fine sands where frost is not a problem, silty sands and sandy gravels with some silts and clays. 

                                                      iii.            Good to excellent. Subgrade soils which retain a substantial amount of their load supporting capacity when saturated shall be classified as good. Included are clean sands and gravels free of detrimental amounts of plastic silts and clays. Subgrade soils unaffected by moisture or frost shall be classified as excellent. Included are clean and sharp sands and gravels, particularly those that are well graded.   

5)      Before the base coarse course is spread, the subgrade shall be shaped to a true line and grade conformancy conformance to the proposed cross section of the road. In all instances a six-inch layer of hardening (compacted depth) shall be installed prior to placement of the required base courses. Subgrades shall be compacted to the depth as indicated in Table 3 EN to 95% of the maximum dry density determined by AASHO T 180, Method D. All subgrades shall be prepared in accordance with the standards in AASHO Section 150 (Embankments). [Amended effective 10-15-1987 endnote] 

6)      The pavement structure shall be constructed in accordance with applicable sections of the Massachusetts Standard Specifications for Highways, Bridges and Waterways. 

                                                         i.            Base course. The base course shall be either asphalt bituminous concrete in accordance with Section 420, Class I, Bituminous Concrete Base Course, Type I-1, or granular in accordance with Section 405, Gravel Base Course, or Section 410, Crushed Stone Base Course. It shall be laid to a depth indicated in Table 3.EN 

                                                       ii.            Binder course. The binder course shall be asphalt bituminous concrete in accordance with Section 460, Class 1, Bituminous Concrete Pavement, Type I-2 (binder course mix). It shall be laid to a depth indicated in Table 3. 

                                                      iii.            Surface course. The surface course shall be asphalt bituminous concrete in accordance with Section 460, Class I, Bituminous Concrete Pavement, Type I-1 (top course mix). It shall be laid to a depth indicated in Table 3.       

§290-12. Shoulders. 

A. In any development, stabilized grassed loamed and seeded shoulders shall be constructed along the roadway, at its outer edges, in accordance with Table 1. EN 

B. Such shoulders shall consist of a four-inch layer of good quality loam, placed at the edge of the pavement surface, on top of the subgrade, rolled and compacted to a transverse grade of 2% meeting that of the finished pavement and seeded with a good quality ground cover ever applied in sufficient quantity to assure adequate coverage.   

§290-13. Curbing and berms. 

A. Curbing shall be either standard granite, precast concrete or bituminous concrete at the election of the applicant. 

B. Machine asphaltic bituminous concrete berms shall be provided, for drainage purposes, at least 1.5 feet in width, sloping toward the street at a rate of from three to five inches per foot, and laid on top of the base coat. Where the quantity of runoff cannot be accommodated by this shallow gutter and adjoining private property is affected, machine asphaltic bituminous concrete or concrete curb may be required.   

§290-14. Sidewalks. 

A. Sidewalks shall have a finished grade of 2.0% sloping toward the roadway. When unusual physical land characteristics or topographic conditions require, the Board may approve the placement of a sidewalk at a greater distance from the roadway or at a higher or lower elevation in relation thereto, provided that such variation is indicated on the definitive plan. 

B. In constructing all sidewalks, the material shall be removed for the full width of the sidewalk to a subgrade at least 10 inches below the approved finished grade, and also all soft spots and other undesirable material below such sub-grade shall be replaced with good binding material and rolled with a two-ton roller or equivalent. Unless the applicant elects to install cement concrete sidewalks, built according to specifications of Massachusetts Department of Public Works (Executive Office of Transportation?), the excavated area shall be filled with at least eight inches of select gravel containing some binding material and compressed and rolled to a surface slope of 2%. Sidewalks shall then be paved to a thickness of three inches with bituminous concrete pavement, applied in two one to one-and-one-half-inch courses.   

§290-15. Planting strips. 

A. The finished grade of such planting strips shall be 2% sloping toward the roadway. Where unusual physical land characteristics or topographic conditions exist, the Board may approve the construction of a planting strip at a slope greater than 2%, provided that the finished slope will not project above or below a plane sloped two horizontal to one vertical, upward or downward, from the edge of the roadway. 

B. No trees or other obstructions shall be placed or retained within the planting strip so as to be closer than four feet from the edge of the roadway. 

C. The top four inches of planting strips shall consist of good quality loam, screened, raked and rolled with at least a one-hundred-pound roller to grade. The loam shall be planted with quality ground cover applied in sufficient quantity to assure adequate coverage, rolled when the loam is moist.   

§290-16. Side slopes. 

A. The area in back of the sidewalk, or where no sidewalk is constructed, in back of the required planting strip, shall be graded to a point where it coincides with the finished grade of abutting lots in such a manner that no projection thereof within the right-of-way lines of the street will project above a plane sloped two horizontal to one vertical from the edge of the sidewalk or grass lot, or be below a plane sloped two horizontal to one vertical downward. 

B. The top four inches of side slopes shall consist of good quality loam, screened, raked and rolled with at least a one-hundred-pound roller to grade. The loam shall be seeded with lawn grass seed (quality ground cover?) applied in sufficient quantity to assure adequate coverage, rolled when the loam is moist.   

§290-17. Street name signs.

Signs shall conform to standards contained in the Massachusetts Uniform Traffic Control Regulations, Paragraph 2D 39 (this no longer exists – ask Bob B. what replaced it). They shall contain the names of intersecting streets. 

§290-18. Monuments and markers. 

A. Granite or concrete monuments 30 inches in length dressed to five inches at the top with a three-eighths-inch drill hole in the center and not less than five inches square at the bottom shall be set to finished grade as shown on plans. 

B. No permanent monuments shall be installed until all construction which could destroy or disturb the monuments is completed.   

§290-19. Drainage. [Amended effective 10-15-1987 endnote] 

A. The construction of a drainage system, including methods of construction and quality of materials used, shall be in conformity with the definitive plan, and the details shall conform to tee the details of the Massachusetts Department of Public Works Specifications and Standards and Typical Roadway Construction Detail (still OK?) referred to in §## on Page No. 21, unless specifically excepted by the Planning Board. 

B. There shall be a drainage basin every 300 feet on continuous grades. 

C. The quantity of stormwater carried by drains normally shall be determined by the Rational Formula Method, unless an engineer shows evidence that another approach is more appropriate in a specific case. However, in no event shall the protection provided be for a lower design storm that specified below. The design storm shall be 25 years in normal cases involving developments, 10 years for industrial subdivisions and 100 years for bridge openings. 

D. The engineer shall provide a schedule of plan for stormwater runoff based on the method outlined above, which shall be attached to the road profiles. Additionally, a topographic plan showing the areas of drainage contribution both on and abutting the development shall be furnished. Precast leaching basins shall not be permitted under roadways (is the under roadways part a problem or the precast basin?).   

§290-20. Water.

Community-type systems or the joint use of wells shall be subject to the standards of the Massachusetts Department of Public Health, the Brewster Board of Health and the Brewster Water Department. 

§ 290-21. Easements. 

A. Easements for utilities within street layout, across lots or centered on rear or side lot lines shall be provided where necessary and shall be at least 12 feet wide for electricity and telephone and 25 feet wide for drainage, sewerage and water. These easements shall be granted by the developer for present or future installation and be specifically reserved by deed restriction. 

B. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, the Board shall require that there be provided stormwater easements or drainage rights-of-way of adequate width to conform substantially to the lines of such watercourse, drainage way, channel or stream and to provide for construction or other necessary purpose.   

§ 290-22. Open spaces.  

Before approval of a plan, the Board may also in proper cases require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air. The park or parks shall not be unreasonable in area in relation to the land being subdivided and to the prospective uses of such land.

§ 290-23. Multifamily dwellings, clusters, planned residential developments and subsidized elderly housing.  

All regulations set forth in the Town of Brewster Zoning, as amended, Article IX, Special Regulations, shall apply in the strictest manner. In the absence of explicit detail of any standard or design regarding roads, utilities, water service, drainage or street signs in the aforesaid Article IX of the Brewster Zoning Bylaw, the appropriate requirements of the Brewster Planning Board rules and regulations shall apply. 

§ 290-24. Protection of natural features.  

Due regard shall be shown for all natural features, such as large trees, watercourses, scenic points vistas, historic spots properties and similar community assets, which, if preserved, will add attractiveness and value to the subdivision. 

A. Topsoil. Topsoil removed during the course of construction shall be redistributed so as to provide at least four inches of cover to all areas of the subdivision and shall be stabilized by seeding and planting. At no time shall topsoil be removed from the site or tract without written permission from the Planning Board. 

B. Trees. To the fullest extent possible, existing trees shall be preserved by the developer. Special consideration shall be given to in the layout of lots and the position of dwellings on the lots to ensure that existing trees shall be preserved, during the process of grading lots and roads shall be preserved. Where there is a question as to the desirability of removing a group of trees in order to allow for use of the land for a lot or lots, and these trees which serve to add interest and variety to the proposed subdivision, in order to allow for use of the land for a lot or lots, the Planning Board may, after proper investigation, withhold approval of such lot or lots. 

C. Floodplains. Proposed subdivisions shall comply with the so-called Hatch Act, entitled "An Act Relating to the Protection of Floodplains," MGL C.131, § 117C, and any acts in amendment thereof in addition thereto or in substitution therefore no longer exists. Written notice to the Brewster Conservation Commission will be given by the developer if any portion of the proposed subdivision involves wetlands. 

D. Removal, filling or dredging of certain areas on coastal waters.  Proposed subdivisions shall comply with the Act Regulating Removal, Filling and Dredging of Certain Areas Bordering on the Coastal Waters of the Commonwealth, MGL C.130, §27A (27A was repealed in 1972) and 105, and any acts in amendment in addition thereto or in substitution therefor. Filling of any lands within a proposed subdivision should be brought to the attention of the Board at the time of the preliminary plan.   

§290-25. Time limitation.

The construction of the roads and the installation of municipal services required under these rules and regulations shall be completed within two years from the date of endorsement of the plan. At the discretion of the Board an extension may be granted. Failure to so complete the construction of roads and the installation of municipal services within the specified two-year period shall be deemed by the Board to be grounds for rescission of its approval of the plan, under the provision of MGL C.41, § 81W.  

§290-26. General requirements.

All streets, underground utilities, shoulders, curbing, sidewalks, planting strips, side slopes, street name signs, monuments and markers, drainage systems, water systems, sewerage systems (communal) and easements shall be obtained and installed by the subdivider.  The obtaining acquisition and installing installation of these improvements shall be in accordance with Article IV of these regulations.  No building permits will be issued for construction of a new building within the proposed subdivision, be it residential or industrial, until all essential services, including, where available or required, water, electric, drainage, gas, telephone, cable television, sewerage, street signs and monuments and markers are installed and paving completed, inspected and approved by the Town Engineer; further, that the underground utilities be so installed such that once the paving is complete and approved, it shall thereafter remain undisturbed except where permission is granted by the Board, as advised by the Town Engineer. 

§290-27. Roadways.

Roadways shall be constructed for the full length and width. The center line of such roadways shall coincide with the center line of the street's rights-of-way, unless a minor variance is specifically approved by the Board. 

§290-28. Berms and curbing.

Berms and curbings shall be required on both sides of all roads in all developments. (See Table 1)EN 

§290-29. Planting strips.

Planting strips shall be provided on each side of the roadway, between the roadway and the sidewalk, where sidewalks are required.  See § 290-15.

§290-30. Street name signs.

Each street intersection shall be marked with the street name and the name of the intersected street and shall be of reflective construction. Painted signs are prohibited. Signs will be erected at the inside curb edges. See § 290-17.

§290-31. Monuments.

Monuments shall be installed at all street intersections, at all points of change in direction or curvature of streets and at other points as shown on the definitive plan and where, in the opinion of the Board, permanent monuments are necessary. See § 290-18.

§290-31.1. Guardrails and barriers. [Added effective 10-15-1987 endnote]

Guardrails and barriers may be required when, in the opinion of the Planning Board, they are necessary for the safety of vehicular traffic. 

§290-32. Water. See § 290-20.

A. If a public water system is located within 500 feet of the entrance to the subdivision, the applicant shall connect all lots to the public water system.  If a public water system is not located within 500 feet, the applicant may install private on-lot or communal water systems, as approved by the Board of Health. 

B. The water system shall be designed, installed and inspected in accordance with all requirements of the Brewster Water Department and, upon completion, shall become the property of the Water Department. [Amended effective 10-15-1987 endnote]   

§290-33. Sewerage. Do we want to set this aside until we actually have sewers?)

A. If a public sewerage system is located within 400 feet of the subdivision, the applicant shall connect all lots to the public sewerage system. 

B. If a public sewerage system is planned to be installed within 400 feet of the subdivision within three years of the date of submission of the definitive plan as indicated by prior Town Meeting action, the applicant shall install, at his cost in the street and to every lot, sewerage laterals which can be connected later to the public sewerage system. In order for the applicant to design and install properly such laterals, the town shall be responsible for providing the applicant, at the applicant's expense, with the necessary plan, specifications and design standards of the proposed public sewerage system.   

§290-34. Final cleanup and maintenance of streets. 

A. The entire area must be cleaned up at the time of the Town Engineer's inspection, so as to leave a neat and orderly appearance free from debris. All catch basins shall be properly cleaned out. 

B. The subdivider shall be responsible for maintaining in good repair all roads in a subdivision for a period of two years after release of performance bond or acceptance of the subdivision by the Board, after inspection by the Town Engineer, or until the roads are accepted by the Town Meeting, whichever time is shorter. To assure such responsibility, the subdivider shall guarantee the maintenance of the roads and the drainage and water distribution systems in a subdivision in a condition which meets all the requirements of these rules and regulations to the satisfaction of the Planning Board, by posting with the town a maintenance bond consisting of either a bond with two or more sureties approved by the Board or by a surety company bond issued by a company authorized to do business in the commonwealth, either or both to be in a penal sum as required by the Board to secure maintenance as herein provided, or by a deposit of money or negotiable securities sufficient in amount, in the opinion of the Board, to secure the aforesaid maintenance.    

 

§290-35. Inspection and control. 

A. At the points hereinafter indicated, the construction of required and other improvements shall be inspected: 

1)      The installation of underground utilities, drainage and services shall be inspected by the respective agencies of the particular utilities, before the backfilling of trenches or other covering of structure. 

2)      The roadway and sidewalk subgrade shall be inspected by the Superintendent of Public Works prior to any further roadway construction. 

3)      Following the construction of the base course, the roadway shall be inspected by the Superintendent of Public Works. 

4)      Upon completion of the binder and surface courses and any shoulders, the roadway shall again be inspected by the Superintendent of Public Works. 

5)      Following the completion of all the improvements required by Article V, the subdivision shall be inspected by the Superintendent of Public Works and/or the Planning Board, or its designate.   

B. Unless the approval of the work completed, including approval of materials used, to each of the above points has been given in writing, no further work shall be done. 

C. All inspection shall be requested by the applicant at least 48 hours in advance by notice to the respective individual listed above in Subsection A. 

D. No inspections shall be made during the period between December 15 and the following April 1, except at the discretion of the Superintendent of Public Works. 

E. For performance of the aforementioned inspection by the Superintendent of Public Works, the developer shall reimburse the town by the payment of an inspection fee as shown in the fee schedule.EN Do we still charge for this? 

§290-36. Submission of as-built plans.

Prior to approval and acceptance of a subdivision and/or development, as-built plans showing the location, grades and other significant information regarding utilities shall be prepared by the applicant and turned over to the Department of Public Works and the Water Department following the final approval of the improvements as hereinbefore provided. 

§290-37. Variations and waivers.

Minor variations may be permitted when, in the judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. 

§290-38. Forms and procedures.

The following forms and procedures are available from the Planning Board Secretary: 

A.     Form A: application for endorsement of plan believed not to require approval. 

B.     Form B: application for approval of a preliminary plan. 

C.     Form C: application for approval of a definitive plan. 

D.     Form D: certified list of abutters with sketch of land. 

E.      Special permit procedure for cluster subdivisions, planned residential developments, subsidized elderly housing and multifamily housing. This procedure outlines provisions for a pre-application hearing and includes a form for a special permit hearing.

F.      Typical roadway construction detail. This applies to all new roadway construction.   

§290-39. Fees. 

A. Filing fees for subdivisions of land, inspections and hearings are shown in the following schedule which supersedes any and all fees or charges shown elsewhere in these rules and regulations. All fees are payable with the application except as noted.

1)      Approval not required plan: filing fee of three hundred dollars ($300). 

2)      Preliminary subdivision plan: filing fee of one thousand five hundred dollars ($1,500) plus one hundred dollars ($100) per lot. 

3)      Definitive subdivision plan: filing fee of three thousand five hundred dollars ($3,500) plus five hundred dollars ($500) per each additional buildable lot.

a.       For a condominium development a filing fee of ten thousand dollars ($10,000) plus four hundred dollars ($400) per unit. 

4)      Flexible Development: filing fee of five hundred dollars ($500) up to two lots, plus two hundred dollars ($200) per each additional buildable lot.

5)      Special permit hearing

a.       Cluster Subdivision: filing fee of one thousand ($1,000) plus one hundred dollars ($100) per buildable lot.

b.      Dirt Road Access: filing fee of five hundred dollars ($500).

c.       Planned Residential Development: filing fee of one thousand ($1,000) plus one hundred dollars ($100) per dwelling unit.

d.      Major Residential Development: filing fee of one thousand ($1,000) plus one hundred dollars ($100) per lot/dwelling.

e.       Multifamily dwellings/Subsidized Elderly Housing: filing fee of one thousand ($1,000) plus one hundred dollars ($100) per dwelling unit.

f.        Corridor Overlay Protection District (Special Permit): filing fees for change of use or up to 1000 square foot addition four hundred dollars ($400); over 1000 square feet or a new proposal (i.e.: Structure) one thousand dollars ($1,000) plus one hundred dollars ($100) per structure. (per Brewster Zoning Bylaw Chapter 179 Article XII).

g.       Wind Energy Turbine: filing fee for a Medium-Scale turbine of one hundred dollars ($100.00); for a Large-Scale turbine one thousand dollars ($1,000).

h.       Sand & Gravel: filing fee of one hundred dollars ($100).

6)      Early release from covenant, per subdivision, per application filing fee of two hundred and fifty dollars ($250).

7)      Covenant extension, review and/or hearing: five hundred dollars ($500).

8)      Modification hearing for a definitive subdivision, preliminary subdivision or condominium development: filing fee of three thousand dollars ($3,000) plus one hundred dollars ($100) per each additional buildable lot/unit.

9)      Modification hearing for special permits: fifty percent (50%) of original hearing fee. 

10) Inspections: The road construction inspection charge for grid subdivisions, planned residential and cluster developments, multifamily dwellings and subsidized elderly housing is based on the length of the roadways, measured along the center line of the profile. This charge is seventy-five cents ($0.75) per foot of roadway and is payable in full when the first inspection is requested (inspection required at each application for lot release request, along with the engineers report). If the project does not pass inspection, a charge of seventy-five cents ($0.75) per foot of roadway is payable for each additional inspection. There is a minimum fee of fifty dollars ($50) for any inspection.

11) Road Maintenance bond formula = $1.50 x 2 x the length.

 

B. Other fees charged

1)      Town of Brewster Zoning Bylaw Books - twenty-five dollars ($25).

2)      Subdivision Rules and Regulations Book - ten dollars ($10).

3)      Betterments/Road Repairs – two hundred ($200) per application.

4)      Road name change - two hundred dollars ($200) per application.

5)      Informal review - fifty dollars ($50) per application.

 

C. Before a hearing can be scheduled for a regular Wednesday meeting of the Board, all plans, applications and the appropriate filing fees must be filed with the Planning Board Clerk by Thursday of the previous week.  If an advertised public hearing is required, additional time must be allowed.

 

A. Applicability - These guidelines are intended as guidance for all development approval decisions made by Brewster agencies or officials to the extent that traffic impacts are within legitimate public jurisdiction. Examples include recommendation for rezoning to commercial or village business, special permit decisions, comprehensive permits under Chapter 774, subdivision plan approvals and development plan review.

 

1)      Proposals should have full traffic impact analyses submitted for them if they meet any one (1) of the following:

a.       Trip generation exceeding one thousand (1,000) average daily trips or one hundred (100) peak-hour trips.

b.      Average daily movements onto and off of the premises from any existing street exceeding ten percent (10%) of the projected no-build traffic volume on the street at that point, if totaling more than two hundred (200) movements.

a.       Analytic methods and sources used in all studies shall be as outlined in Guidelines for EIR/EIS Traffic Impact Assessment, EOEA and EOTC, July, 1989 ("Guidelines"), unless an alternative is specifically authorized by the deciding agency or is required by the following.

i.         For full analyses, narrative discussion of the following shall be provided:

                                                               i.            Travel safety characteristics of any streets substantially impacted by allowing the build alternative, considering such things as sight distance limitations, width limitations, horizontal or vertical alignment deficiencies and surface conditions.

                                                             ii.            Streetside safety of any streets substantially impacted, considering such things as the amount and type of development along such streets, presence of sidewalks, vehicle speeds and any outstanding limitations in sight distance or road configuration.