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HomeMy Public PortalAbout1990-05-14 Special Town Meeting Report of the E r 41 SPECA AIL TOWN MEETING le% May 14, 1990 ' In accordance with the Warrant , the Special Town Meeting was held in the Brewster Elementary School Cafetorium , Monday , May 14 , 1990 . The meeting was called to order at 7 : 30 P . M . by the Moderator , Stephen L . Doyle . The Tellers were Dorothy Grenier , June Gallant , Ruth Hanlon , Edwin J . Blease , Bill Nielsen , and Nancy Brown . The Checkers were Dorothea Dugan , Jean Gage , Helen Allen , Mary Tucker , Mildred Unger , and Carl Scrivener . A quorum was present . The Special Town Meeting Warrant with the return of the warrant was read by Town Clerk , Joan K . Cole . There being no objection the Moderator dispensed with the reading of all the articles . ARTICLE 1 . UNPAID BILLS ARTICLE 1 . To see if the Town will vote to transfer from available funds Four Hundred Thirty-Three and 00/ 100 ( $433 .00 ) Dollars to pay unpaid bills from a previous fiscal year , as follows : Xerox Corporation $ 95 . 00 Hel - Ray Enterprises 23 .00 Mass . Municipal Association 315 . 00 Tota 1 $433 . 00 or to take any action relative thereto . c MOTION : I move that the Town vote to approve Article 1 as printed in the Warrant and to transfer the sum of $433 .00 from Line Item No . 117 of Article 9 of the 1989 Annual Town Meeting Warrant for this purpose . ACTION : ADOPTED UNANIMOUSLY i ARTICLE 2 . TRANSFER FUNDS ARTICLE 2 . To see if the Town will vote to transfer from available funds and /or appropriate from surplus funds in some departments an amount of money to be used in conjunction with funds appropriated under current fiscal year budgets to be used during the current fiscal year to pay shortfalls that would otherwise I 76 I<< eve ele STM — 5 / 14/90 exist in the Fiscal Year 1990 Budget of other departments , or to take any action relative thereto . MOTION : I move that the Town vote to approve Article 2 to transfer funds within Article 9 of the 1989 Annual Town Meeting Warrant to finance FY 1990 shortfalls , as follows : a . Transfer the sum of $2 ,700 . 00 from Line Item No . 14 ( Community Center Expenses ) to Line Item No . 13 ( Community Center Salaries ) . b . Transfer the sum of $47 ,000 .00 from Line Item No . 117 ( Tri -Town Septage Plant ) to Line Item No . 103 ( Legal Services ) . c . Transfer the sum of $5 ,300 .00 from Line Item No . 117 ( Tri -Town Septage Plant ) to Line Item No . 82 ( Golf Department Expenses ) . d . Transfer the sum of $ 1 , 500 . 00 from Line Item No . 117 ( Tri -Town Septage Plant ) to Line Item No . 1 ( Selectmen Secretary ) . e . Transfer the sum of $2 ,900 .00 from Line Item No . 117 ( Tri -Town Septage Plant ) to Article 5 , sub -section ( 2 ) of the 1989 Annual Town Meeting ( Town Treasurer/Collector 's Salaries ) . ACTION : ADOPTED UNANIMOUSLY ARTICLE 3 . ROAD BETTERMENTS ARTICLE 3 . To see if the Town will vote to transfer a sum of money from avail - able funds and to appropriate those funds to pay the ongoing principal and interest obligations arising from the Town 's road betterment program , or to take any other action relative thereto . MOTION : I move that the Town vote to indefinitely postpone consideration of Article 3 . ACTION : INDEFINITELY POSTPONED =� ARTICLE 4 . GOLF COURSE EQUIPMENT ARTICLE 4 . To see if the Town will vote to transfer from available funds the sum of Twenty - Five Thousand Four Hundred and 00/ 100 ( $25 ,400 .00 ) Dollars to be used for the purpose of purchasing and equipping the following equip- ment for the Captain 's Golf Course : 1 . Fairway Mower with Cutting Units $ 171900 . 00 2 . Automated Ball Machine and Storage Shed 71500 .00 $25 ,400 . 00 or to take any action relative thereto . 77 VV le STM — 5 /14/90 VVI IV MOTION : I move that the Town vote to approve Article 4 as printed in the AF Warrant and to transfer from Free Cash the sum of $25 ,400 .00 for this purpose . ACTION : ADOPTED A[ ARTICLE 5 . ZONING AMENDMENT/ DEFINITIONS AV C ARTICLE 5 . To see if the Town will vote to amend the ZONING BY - LAW , ARTICLE I , SECTION 179 -2 , DEFINITIONS , SUBSECTION B . , by eliminat- I' ing the present definition of HEIGHT and substituting the following : o � Height — The vertical distance from the mean level of the adjacent ground : to the top of the structure , measured at the highest roof beams of a flat roof , or the highest gable or slope of a hip roof. or to take any other action relative thereto . MOTION : I move that the Town vote to approve Article 5 as printed in the Warrant . ACTION : ADOPTED YES 525 NO 50 K ARTICLE 6 . ZONING AMENDMENT /USE REGULATIONS ARTICLE 6 . To see if the Town will vote to amend the ZONING BY - LAW , ARTICLE IV , USE REGULATIONS , SECTION 179 - 11 , TABLE OF USE REGULATIONS , B . Table 1 , Use Regulations to read as follows : TABLE 1 i USE REGULATIONS R - R R - L R - M V - B C - H I MRD Retail and Service ( except as provided in Section 179-38 ) r 3 . Restaurants and Lounges — — — S S S — or to take any other action relative thereto . ' MOTION : I move that the Town vote to approve Article 6 as printed in the Warrant . ACTION : ADOPTED YES 585 NO 22 IV 78 u w � STM — 5 /14/90 ARTICLE 7 . ZONING AMENDMENT/PLANNED RESIDENTIAL DEVELOP - MENT ARTICLE_ 7 . To see if the Town will vote to amend the ZONING BY - LAW , ARTICLE IX , SECTION 179-36 . PLANNED RESIDENTIAL DEVELOPMENT C . 14 . to read as follows : 14 . The maximum permitted height of structures shall be thirty ( 30 ) feet .I eve en — VI or take any other action relative thereto .el eel — MOTION : I move that the Town vote to approve Article 7 as printed in the Warrant . – e eel, ACTION : ADOPTED UNANIMOUSLY — t , ARTICLE 8 . ZONING AMENDMENT/ HEIGHT AND BULK REGULATIONS 4444 t ARTICLE 8 . To see if the Town will vote to amend the ZONING BY - LAW , TABLE 3 , HEIGHT AND BULK REGULATIONS , by eliminating COLUMN 3 entitled MAXIMUM PERMITTED HEIGHT ( stories ) in its entirety and also NOTES 2 , or to take any other action relative thereto . MOTION : I move that the Town vote to approve Article 8 as printed in the Warrant . ACTION : ADOPTED UNANIMOUSLY ARTICLE 9 . ZONING AMENDMENT/SPECIAL REGULATIONS ARTICLE 9 . To see if the Town will vote to amend the Brewster ZONING ell BY - LAW , IX , SPECIAL REGULATIONS , by inserting a new Section to be known as Section 179 -35 . 1 to read as follows : " 179-35 . 1 Flexible Development At the owner 's option , any - parcel may be divided into not more than six lots , whether a subdivision or not , and built upon under the following alternative area and frontage requirements . — "A . Number of Lots . ( 1 ) The total number of building lots created from any parcel shall be no larger than the number which reasonably could _ be expected to be built upon in consideration of how much of the land is actually buildable , and in compliance with Table 2 of Section 179- 16 and all other applicable zoning , sub - division , and health requirements . 79 STM — 5 /14/90 ( 2 ) That number shall be determined at the applicant 's option either by a Registered Land Surveyor 's certification of the number obtained by dividing 80% of lot area ( see definition ) by the lot area required for a single -family dwelling at Section VI . B ; or by the Planning Board , based upon review of a sketch conventional plan submitted by the applicant showing division in compliance with Section 179- 16 . " B . Frontage . The average frontage for all building lots created shall be no smaller than the minimum required under Table 2 of Section 179- 16 , but individual lots may have frontage of as little as two - thirds that requirement . "C . Lot Area . The area of individual lots may be as little as one -half that required under Table 2 of Section 179 - 16 . " D . Open Space . At least 20% of the lot area of the premises being divided shall be in contiguous parcels restricted from building through limitations established on the plan . E . Endorsement . The plan creating the lots shall be endorsed by the Planning Board as 'Approved for Flexible Development ". " F . Limitation . No further increase in the number of lots shall be allowed through subsequent land division . or to take any other action relative thereto . MOTION : I move that the Town vote to approve Article 9 as printed in the Warrant . lee% ACTION : ADOPTED YES 549 NO 22 ARTICLE 10 . ZONING AMENDMENT/GENERAL PROVISIONS ARTICLE 10 . To see if the Town will vote to amend the Brewster ZONING BY - LAW , ARTICLE I , GENERAL PROVISIONS , as follows : 1 . Amend Section 179 -2 . B Definitions by adding the following at its appropriate alphabetic location . " Major Residential Development : Either of the following : land division (whether a subdivision or not ) so as to increase the number of buildable lots ( unless restricted from residential use ) to more than six within any twelve month period . — issuance of building permits for construction of more than eight dwelling units within any twelve month period . " 80 ��'g STM — 5 /14/90 2 . - Amend ARTICLE IV , USE REGULATIONS , 179 - 11 , TABLE OF USE REGULATIONS , TABLE 1 , USE REGULATIONS , RESIDENTIAL , by inserting a new item immediately below "Cluster Residential De - velopment " to read as follows : R - R R - L R -M C -H V -B I M R D ' 17A , Major Residential Development ( see Section 179 -35 . 2 ) S S S S — — — rr 3 . IN ARTICLE IX , SPECIAL REGULATIONS , insert a new Section I.,; 179-35 . 2 to read as follows : IV III " 179-35 . 2 Major Residential Development "A . Applicability . Major Residential Development ( see definition ) is allowed only on Special Permit from the Planning Board . Such special permits shall be acted upon in accordance with the follow- ing . In addition , smaller developments may , at the owner 's option , be considered as if a Major Residential Development , and employ the following provisions . B . Procedures . Application for a special permit for Major Residential Development shall include a basic development plan and a sub - stantially different alternative development plan , each either con - forming to the requirements for a preliminary subdivision plan or not requiring approval under the Subdivision Control Law . 'Sub- stantial difference ' would be a conventional plan versus a Flexible Development ( see Section 179 -35 . 1 ) or a cluster development ( 179-35 ) , or two plans of the same type having major differences in the number of lots created , road pattern , or open space configura - tion . Applicants for Major Residential Development shall file with the 11 Planning Board four copies of the following , to have been prepared by an interdisciplinary team including a Registered Land Sur - veyor , a Professional Engineer , and a registered Architect or Landscape Architect . ( 1 ) The basic and alternative development plans described above , conforming to the information requirements for a preliminary subdivision plan under the Town of Brewster Rules and Regu - lations for Subdivisions . Such plans shall also indicate pro - posed topography and the results of deep soil test pits and per - colation tests at the rate of one per every five acres , but in no case fewer than five per Major Residential Development . Test pits shall be located to the satisfaction of the Planning Board , following consultation with the Board of Health , so 81 STM — 5 /14/90 as to indicate the buildability of areas proposed either for development or for reservation . ( 2 ) An Environmental Analysis as required by the Town of Brewster Rules and Regulations for Subdivisions . ( 3 ) Any additional information necessary to make the deter- minations and assessments cited in Paragraphs ( E ) and ( F ) below. " C . Flexible Development . The Planning Board may authorize Flexible Development within a Major Residential Development , subject to the following in lieu of the requirements of Section 179-35 . 1 Flexible Development . ( 1 i Lots having reduced area or frontage are not limited in number to six , but may not have frontage on a street other than one created by or substantially improved by the development involved . ( 2 ) Each lot shall have frontage of at least 50 feet , and shall have lot area of at least one-half that required under Table 2 of Section 179- 16 . ( 3 ) The proposed open land , unless conveyed to the Town or its Conservation Commission , shall be covered by a recorded restriction enforceable by the Town providing that such land shall be kept in an open state suitable for park , playground , conservation area , or similar use with only minor coverage by structures or other features precluding vegetative cover . D . Other Forms of Residential Development . All forms of residential development , including multifamily dwellings under the provisions of Section 179-34 , Cluster Residential Development under Section 179-35 , Planned Residential Development under Section 179-36 , and Subsidized Elderly Housing under Section 17942 may be allowed in a Major Residential Development, if otherwise allowable at that location , subject to the applicable provisions of those Sections . " E . Number of Dwelling Units . ( 1 ) The Basic Maximum number of dwelling units allowed shall equal the number of lots which could reasonably be expected to be developed for single-family use on that parcel under a conventional plan in full conformance with zoning , sub- division regulations , health codes , and other applicable require- ments , as determined by the Planning Board . 82 jJ Tell I el eee STM — 5 / 14/90 �% ( 2 ) The Planning Board may approve a Major Residential Develop- — ment , containing as many more than the Basic Maximum number of dwelling units as the number of units ( up to 15% of the Basic Maximum ) for which there is assurance satis - factory to the Brewster Housing Authority that through covenant , repurchase agreement , or other means enforceable — in the long term by the Town , the unit will be sold or leased at costs and with income eligibility limits meeting the guide - lines of State or Federal housing programs , such as the MHP 'l' ellr Local Initiative Program or Housing Opportunity Program . In no event , however , shall the Planning Board allow an in - I lee eel, lee crease to the extent that disposal facilities discharging within a Water Resource District serve more than one bedroom perCMell — 10, 000 square feet land area in the development in that District . lle " F . Decision . The Planning Board shall approve or approve with conditions a Special Permit for Major Residential Development ell, e ell le l for the basic development plan , provided that the Board deter- , mines that the basic plan is at least as beneficial to the Town as the alternative , based upon the considerations below, and that the al ternative plan is in fact a good -faith design for beneficial use of the 'lee e sight . ( 1 ) If the Board determines that the alternative plan is more beneficial to the Town than the Basic Plan , it shall approve Major Residential Development for that plan , provided that it meets all requirements of the Zoning By - Law . ( 2 ) The Board shall disapprove both plans only if it determines that the alternative plan is not a good -faith design or that the more beneficial plan does not conform to the requirements of the Zoning By - Law . ( 3 ) In considering whether to approve a special permit for Major Residential Development , the Planning Board shall consider how well the development satisfies the following criteria . ( a ) Preservation of natural resources , especially in relatively large -scale contiguous areas . ( b ) Protection of visual character by having open spaces visible from major roads . ( c ) Reduction in length of publicly maintained road and utility per dwelling unit served . 83 STM — 5 / 14/90 ( d ) Location of development on sites best suited for such and avoiding environmentally fragile locations . ( e ) Protection of major street appearance and capacity by avoiding development fronting such streets . ( f ) Provision of housing meeting needs of year-round resi - dents . " G . Development Timing . As a condition of its approval , the Planning Board may require a development schedule limiting the rate of development for the premises , taking into consideration the intent of avoiding large year -to-year variations in Town -wide development rates while allowing development consistent with historic average rates , and also taking into consideration the housing needs which the development will serve , the housing cost and feasibility con - sequences of the limitaticn , and the ability of the Town to time - fully provide needed services to the site . In no event shall a de- velopment be limited to fewer than six lots or dwelling units per year , or be obliged to spread development out over more than eight years . or to take any other action relative thereto . MOTION : I move that the Town vote to approve Article 10 as printed in the Warrant . ACTION : AQOPTED YES 539 NO 26 ARTICLE 11 , PLAN REVIEW BY - LAW ARTICLE 11 . To see if the Town will vote to adopt the following Town By - Law . " DEVELOPMENT PLAN REVIEW BY - LAW " SECTION ONE : PLAN REVIEW COMMITTEE " 1 . 1 Purpose The intent of this By - Law is to provide coordinated review of sub- stantial development proposals ; to improve inter-board communications ; to facilitate compliance with applicable development controls, includ ing Town By- Laws such as the Wetlands and the Environmental Impact Review By - Laws , the Zoning By - Law , and regulations of local boards such as Health and Subdivision Regulations ; to provide standards of acceptable development impact ; and to provide early public informa - tion on proposals being made . F 84 F ; STM — 5 / 14/90 111 . 2 Establishment There is hereby established a Plan Review Committee ( ' PRC ' ) , compris - ing of the Inspector of Buildings , who shall be its Chair , plus one representative each designated by the Planning Board , Board of Health , Conservation Commission , Historic District Committee , Department of Public Works , Police Chief , and Fire Chief . Each appointing au - thority shall determine the term of its representative , and shall provide for alternates to act in the event that the representative is unable -= to do so . In the event that a designation is not made as provided above within 60 days of written request from the Board of Selectmen to do so , the Selectmen shall fill the vacancy , preferably by the appointment IV of a member from the non -designating board or department . " 1 . 3 Regulations The PRC may adopt and from time to time revise regulations to effec- tuate the purposes of this By - Law, following a public hearing with notice given in a local newspaper at least 14 days prior to the hearing . V , Any such regulations shall be filed with the Town Clerk prior to their % t effective date . / r , 111 .4 Enforcement The Inspector of Buildings shall enforce the requirements of this By - Law through violation notices , administrative orders , and criminal court actions . Violation of this By - Law shall be punished through a fine of up to $300 . 00 per offense , with each day that the violation continues after notice considered a separate offense . IV- As an alternative to criminal prosecution , the Inspector of Buildings may elect to utilize the non -criminal disposition procedure set forth in Massachusetts General Laws ( MGL ) Chapter 40, Section 21 D . When this alternative is chosen , the Inspector of Buildings shall give to the offender a written notice to appear before the Clerk -Magistrate of the Orleans District Court at any time during office hours , not later than twenty -one days after the date of the notice . The penalty for each violation shall be three hundred dollars . "SECTION TWO : PROCEDURE "2 . 1 Applicability Developments are subject to Development Plan Review if they pro - pose other than a single- or two -family dwelling , and include any one or more of the following : 85 STM — 5/14/90 a new principal building ; — increase in lot coverage by more than 500 square feet through either a new accessory building or a building addition increas - ing lot coverage by 10% or more ; substantial alteration to a parking facility having ten or parking spaces ; or more VI removal of existing vegetative ground cover from more than 20, 000 square feet of site area . This By- Law shall not apply to developments which , prior to its effec- tive date , have been granted a special permit under the ZB or a building permit . Zoning 9 By- or 112 . 2 Procedure . "2 . 2 . 1 Preapplication Conference Applicants are urged to confer with the Plan Review Committee regarding materials necessary or appropriate for submittal for Development Plan Review, and regarding the agency approvals which will be required . Following such conference, the applicant may request a Project Scoping Letter outlining the scope and format of materials appropriate to prepare and submit in applying . 112 . 2 . 2 Submittal and Distribution Nine copies of all Development Plan application material shall be submitted to the Inspector of Buildings , who shall forthwith trans- mit eight copies of those materials to the Plan Review Committee ( PRC ) . Within fourteen days of submittal , the PRC shall make a determination of whether those materials are complete , and if they are not , shall so notify the Inspector of Buildings and the Town Clerk . The PRC shall distribute a copy of complete submit- tals to each agency represented on it , and to any other involved agencies, with a request for their review and comment by the time of the Review Meeting . 112 . 2 . 3 Plan Review Meeting The PRC shall hold a Plan ,Review Meeting within 30 days of . submittal of complete materials , or such later time as the appli cant may agree to . The PRC shall coordinate with other agencies to , if possible , have the time and place of the PRC 's Plan Review Meeting coincide with the initial hearing date for any other agen - cies requiring hearings on the proposal . When the date has been r established , the agencies to which the submittals have been dis - tributed shall be notified . Notice of the proposals to be reviewed F 86 f STM — 5/ 14/90 shall be published in a locally circulated newspaper at least seven — days prior to the date of the Review Meeting , or earlier if necessary to provide notice integrated with that of other agencies , and shall ' be posted conspicuously on the premises to be reviewed . "2 . 2 .4 Decision The Plan Review Committee shall determine whether or not the Development Plan complies with the requirements of SECTION — THREE ; DEVELOPMENT STANDARDS , approving the Plan only if it does , and shall notify the applicant and the Inspector of Buildings of its decision within 45 days of the time that complete — materials have been received by the Committee , or such later time as the applicant may agree to in writing . The Inspector of Buildings — shall approve building permit applications subject to these pro visions only if they are substantially consistent with a Plan ap- proved by the PRC within the preceding twelve months . Failure of the PRC to act within the prescribed time shall be construed as constructive approval , and a certificate to that effect shall be issued by the Inspector of Buildings . "2 . 2 . 5 Notification A copy of the submitted plans , endorsed with the Plan Review Committee action , shall be forwarded to the Inspector of Buildings within five days of final action , and written notice of the decision shall be filed with the Town Clerk , together with a second copy of the endorsed plans , and a written notice shall be mailed to the applicant and filed with the Town Clerk . "2 . 2 . 6 Certification of Compliance No occupancy permit shall be issued by the Inspector of Buildings — until he has been notified in writing by the Plan Review Committee that it has either received certification from a registered architect, landscape architect , or professional engineer that all construction has been completed in accordance with the approved development plan , or has received surety for completion within a reasonable — time for specified incomplete elements , such as landscaping or roadway finish course , whose delayed completion has been deter- mined by the PRC not to impair safety or convenience for users — of the site . " 2 .4 Submittals The following materials shall be submitted for Development Plan — Review , except for any determined by the Plan Review Committee to not be germane to the specific case , as communicated to the appli - cant in writing prior to submittal . j 87 I i i IX i STM — 5 /14/90 N " 2 . 4 . 1 Site Plan A site plan prepared by a registered architect, landscape architect , f; or professional engineer showing the following : location and boundaries of the site and of any lots proposed , and indication of each zoning district and overlay district involved ; use and ownership of adjacent premises , approximate loca- tion of buildings within 50 feet of the site , and if the proposal includes on -site sewage disposal , the approximate location of any wells on or off the premises within 300 feet of the leach - ing field or other discharge location ; existing and proposed buildings , streets , ways , drives , walks , % service areas , parking spaces , loading areas , fences and screen - ing , utilities , waste storage and disposal facilities , wells , and drainage facilities ; — existing and proposed topography and vegetation , indicating areas of retained vegetation and identifying the location of any trees exceeding 8 " trunk diameter 4'/2 feet above grade if proposed for removal , and identifying size and species of trees and shrubs to be planted ; indication of wetlands and other areas subject to control z, under the Wetlands Protection By - Law , and the 100 foot zone surrounding such areas , identified through field survey accept able to the Conservation Commission ; and proposed erosion control measures ; — location of signs and exterior lighting , and accompanying materials to describe those elements . "2 . 4 . 2 Building Plans Building floor plans and architectural elevations , prepared by a registered architect or engineer unless there is no building proposedlee exceeding 35 ,000 cubic feet . "2 .4 . 3 Submittals Documentation Documentation that all required submittals which under law can be made actually have been made to other agencies , such as the Conservation Commission under the Environmental Impact By - Law and Wetlands By - Law , the Brewster DPW for utility connec- tions , the Massachusetts Department of Public Works for curb cut 88 � NI IN G STM — 5/14/90 IN permits , the Board of Health or DEP for on -site disposal facilities , and EOEA for MEPA review , and that any necessary special per mits or variances have been granted . "2 .4 . 4 Additional Studies NV IN, Any additional studies or other materials required to document compliance under Section Three Development Standards , whether NI by example of similar facilities or by engineering analysis . That may include , as germane , traffic impact analysis , water supply analysis , acoustic analysis , a lighting plan , documentation of air or water quality modeling , identification of any toxic or hazardous I IN materials involved and substances to be emitted , a description of precautions , handling practices , monitoring , and recovery systems proposed , and a hazard prevention and contingency response plan . "2 . 4 . 5 Review Fee A Development Plan review fee , as required under a schedule of fees to be established and from time to time amended by the Executive Secretary , based on the actual cost of review for appli - cations . "SECTION THREE : DEVELOPMENT STANDARDS 113 . 1 Service Adequacy Requirements "3 . 1 . 1 Access "a . Approval shall be granted only for development served by a street providing 'adequate access ' as required under the Brewster Planning Board 's Subdivision Regulations . " b . Sight distance at any driveway projected to carry more than twenty trips per day shall meet American Association of State Highway and Transportation Officials ( AASHTO ) standards , based on observed ( not posted ) travel speeds . "c . Pedestrian and bicycle circulation shall be provided for be - tween the principal building and the street and , where appro - priate , connecting to any adjacent developed premises . "d . Driveway locations shall provide the maximum practicable separation between access locations , using shared access where feasible . "e . Applications for developments having aggregate net floor area on the premises exceeding 0 . 20 times lot area or fore - cast to involve more than 0 . 25 trip ends per 1000 square 89 STM — 5 /14/90 Rv feet of lot area in the peak hour of traffic on serving streets ( based on current Institute of Transportation Engineers ( ITE ) Trip Generation estimates ) shall include a traffic impact : study prepared consistent with study guidelines adopted and from time to time amended by the Planning Board . "f . Developments requiring a traffic impact study under item e . shall be authorized only upon determination by the Plan Re- view Committee that , based upon facilities as existing or committed to be improved by the Town or the applicant , that on no lane of any street or intersection will the peak hour volume /capacity ratio be increased by more than 0 . 1 above baseline as a result of projected traffic , with 'baseline ' being the ratio resulting from the traffic forecast in five years given development of the premises for single -family residences at densities as allowed under the Zoning By - Law . VI " 3 .2 Environmental Protection Requirements " 3 . 2 . 1 Storm Water Management I All development shall be designed so that resulting stormwater patterns resemble , as nearly as possible , pre -existing conditions of volume , velocity , quality , and location of runoff . Any increase over pre-development runoff peak rate shall be authorized only if the PRC determines that any potential problems with capacity 1 downstream , erosion , or siltation will be prevented through on or off -site improvements or compensatory actions , and that the public interest is better served by allowing the increase than by denying it . "3 .2 . 2 Erosion Control "a . Any area of bare earth exposed through building or site de - j velopment or demolition must be permanently stabilized through replanting , paving , or other means of eliminating I wind or water erosion . Such stabilization must be completed ' prior to building occupancy , or where no building is com - mitted , within sixty days of exposure , or a performance bond must be posted in an amount sufficient to assure completion of such work . " b . All construction must comply with the following . An erosion control plan shall be submitted for every development which y will expose more than 60 , 000 square feet of bare earth during development through either removal or filling on the same parcel or on contiguous parcels in the same ownership , and for developments exposing 20 ,000 — 60 ,000 square feet of bare earth where the Plan Review Committee deems such plan to be necessitated by slopes in excess of 10% , highly erodible 1 90 i IV IV STM — 5/14/90 soils , or other unusual conditions . Such plan shall have suffi - cient information on existing and proposed topography , vegetation , and control measures to allow determination of compliance . " ( 1 ► Stripping of vegetation , regrading , or other development shall be done in a way which will minimize soil erosion . T ( 2 ) Whenever practical , trees and other natural vegetation shall be ratained , protected , and supplemented . VI IR " ( 3 ) The disturbed area shall be kept to a minimum . VI 1144 IW 41 ( 4 ) Where necessary , temporary vegetation and /or mulching — shall be used to protect areas exposed during develop - ment . r " ( 5 ) Sediment basins (debris basins , desilting basins or silt r traps ) shall be installed and maintained where necessary to remove from runoff waters any sediment from land undergoing development . " ( 6 ) The angle of graded slopes and fills shall be no greater than 2 horizontal to 1 vertical . Slopes left exposed must immediately be planted or otherwise provided with per- manent ground cover or other means sufficient to retain erosion . " ( 7 ) A ground cover sufficient to retain erosion must be planted or otherwise provided within 30 working days , season permitting , on any portion of the tract upon VI which further active construction is not beinq under - taken . " ( 8 ) The development plan shall be fitted to the topography and soils so as to minimize erosion potential . "c . The Plan Review Committee may require a report on the ( erosion control proposals by the Soil Conservation Service or others expert in soil mechanics in cases where doubt as to _ adequacy of proposed measures exists . Selection of techniques and determination of adequacy of measures shall , unless other - wise specified , be consistent with Guidelines for Soil and Water — Conservation in Urbanizing Areas of Massachusetts, U. S . Department of Agriculture Soil Conservation Service , 1975 . _ 91 y r, STM — 5 /14/90 "3 . 2 . 3 Air Quality Any use whose emissions are such as to cause it to be classified as a major new stationary source of air pollution , as defined by the En - vironmental Protection Agency ( EPA ) under the Clean Air Act , and any use required to apply to the Massachusetts Department of En - vironmental Protection ( DEP ) under 310 Code of Massachusetts Regulations ( CMR ) 7 . 00 or to EPA under Section 112 of the Clean Air Act for permission to emit asbestos , benzene , beryllium , mercury , vinyl chloride , or radionuclides shall be permitted only upon deter - mination by the PRC that compliance with the requirements of those agencies is assured , and that health and safety are adequately protected . " 3 . 2 .4 Plants and Animals Location and design shall not cause avoidable damage to wildlife habi - tats or corridors , or to any plant species listed as endangered , watch list , or of special concern by the Massachusetts Natural Heritage Pro - gram , or to any tree exceeding 12 " trunk diameter 4 '/z feet above grade . Applicants may be required to submit documentation of having consulted with the Conservation Commission and the Massachusetts Natural Heritage Program regarding these considerations , and that the proposed site either contains no such habitats or materials , or that all feasible efforts to avoid , minimize , or compensate for damage have been reflected in the proposal . "3 . 2 . 5 Hazardous Materials Activities involving one or more of the following are considered un- usually hazardous : "a . manufacturing as the principal activity on the premises , if the products manufactured are either : " ( 1 ) when wastes , regulated as hazardous under MGL Ch . 21 C . ; or " ( 2 ) substances listed on the Massachusetts Substance List contained in 105 CMR 670 . 000 , Appendix A ; " b . keeping of flammable fluids , solids , or gasses in quantities I exceeding four times that requiring licensing under 527 CMR 14 . 00 , except for storage of fuel for consumption on the premises or by vehicles operated incidental to the principal use of the premises ; j I _ 92 kyy t VI I= llv IV IV %IV I V4 IV VVII IV, �' IV VV I STM — 5 /14/90 "c . any activity for which licensing is required under 310 CMR 30 . 800 to transport , use , treat , store , or dispose of hazardous waste ( but not those excluded under 310 CMR 30 . 801 ) . IV " Unusually hazardous activities shall be approved only if the VI 41 PRC finds that the proposed activity will not cause harm or 1111VI % % adverse disturbance to the environment or to other premises , will not jeopardize health or safety either on or off- premises , and that either any control or safety systems being relied upon x ;� are fail -safe or redundant , or it has been demonstrated that there would be no adverse health or safety consequences beyond the boundaries of the premises in the event of system failure , in light of on -site decay , dilution , or dispersion . 113 . 3 Other Design Requirements 113 .3 . 1 Site Design Site designs not complying with any of the following guidelines shall be allowed only upon determination by the PRC that for the given location , use , and size of development , no design better serv - ing the purposes of the by -law is reasonably feasible . "a . Visibility of parking shall be reduced through location of not more than one -third of all parking between the building and the street . " b . At least 25% of the required front yard area shall be vegetated . " c . Existing grade shall be changed minimally , typically departing from existing grade by no more than six feet , and resulting in a balance on site between cut and fill , except for basement and cellar excavations . "d . Site circulation shall have clarity from the driver 's perspective , aided by simple patterns , and use of planting islands or other devices in larger circulation areas . "e . Pedestrian access shall be provided among all facilities on the site , between them and the street , and between them and adjacent premises developed for uses open to the public . "3 .3 . 2 Lighting "a . The following lighting zones are hereby created : ZONE A : Locations within a C- H , C - L , I , V - B , or MRD district as established in the Brewster Zoning By - Law . 93 l STM - 5 / 14/90 ZONE B : All other locations . " b . Fixtures . Lighting fixture types are defined as follows : Type 1 . No light cutoff . Type 2 . Luminaire shielded such that peak candlepower is at an angle of 75 degrees or less from vertical , and I essentially no light is emitted above the horizontal . _ Type 3 . Luminaire shielded such that total cutoff is at less than 90 degrees from vertical , and no light source is in direct view from five feet above the ground at fi any point off the premises . "c . Lighting Limitations . The following limitations shall be observed by all uses , unless the PRC determines that it is inherently infeasible for that use ( e .g . public outdoor recrea tion ) to meet these standards , and that all reasonable efforts have been made to avoid glare or light overspill onto residen - !1 tial premises . �' LIGHTING LIMITATIONS Zone A Zone B Maximum luminaire mounting height (feet ) A 41 VIA Fixture Type 1 20 10 Fixture Type 2 30 15 AAA A% Fixture Type 3 40 20 Maximum off-site overspill (foot -candles ) AA V11% Fixture Type 1 0 . 3 0 .2AAA A Fixture Type 2 1 .0 0 .3 VIA 11 All Fixture Type 3 3 . 0 0 . 5VIA "c . No flickering or flashing lights shall be permitted . Processes , r such as arc welding , which create light flashes shall be conAI - fined within buildings or shielded to prevent either directA IV IV A glare or flashing reflected from the sky . VI IV A1111, IIAV, 61 " 3 . 3. 3 Solid Waste = V 11 Each development must document arrangements for satisfactory V,IAAAI disposal of tree stumps and debris resulting from construction , and must make permanent arrangement for satisfactory on -site storage of refuse pending its removal , such storage to be screened' from view from public ways , secure from vermin or other animals, 11 IIIr A 151 94 r STM — 5 /14/90 and located to present minimal hazard in the event of fire and minimal threat to water quality in the event of container failure . " '1 "3 . 3 .4 Historic and Archaeological Sites V4 1 IV ,Location and design shall not cause avoidable damage or impair - _ ment to the historic or archaeological value of buildings or sites recorded on the Massachusetts Register of Historic Places . Applica - ` v. tions may be required to submit documentation that the site either contains no such buildings or sites , or that all feasible efforts to avoid , minimize , or compensate for any potential damage or — impairment have been made . "SECTION FOUR : SEVERABILITY — The invalidity of any section or provision of this By - Law shall not _ invalidate any other section or provision thereof , or to take any other action relative thereto . — MOTION : I move that the Town vote to approve Article 11 as printed in the Warrant . I ACTION : ADOPTED UNANIMOUSLY ARTICLE 12 . WETLANDS PROTECTION BY - LAW AMENDMENT ARTICLE 12 . To see if the Town will vote to amend the Brewster Wetlands Protection By- Law by inserting a new paragraph at the end of Section 6 , to read as follows : "The coordination sought by this Section can be achieved in part through the Development Plan Review process . For actions subject to that process , none of the timing limitations of Section 5 shall commence to run until Development Plan approval has been obtained , or to take any other action relative thereto . MOTION : I move that the Town vote to approve Article 12 as printed in the Warrant . ACTION : ADOPTED UNANIMOUSLY ARTICLE 13 . ENVIRONMENTAL IMPACT REVIEW BY - LAW AMENDMENT ARTICLE 13 . To see if the Town will vote to amend the Brewster Environ - mental Impact Review By - Law by inserting a new paragraph as the second in Section 3 , to read as follows , or act in relation thereto . - 95 I XM STM — 5 /14/90 " For actions subject to the Development Plan Review By - Law , the Con - servation Commission may hold the initial session of its hearing under this By - Law in conjunction with the hearing to be held under the Development Plan Review By - Law . or to take any other action relative thereto . MOTION : I move that the Town vote to approve Article 13 as printed in the Warrant . 4 ACTION : ADOPTED UNANIMOUSLY ARTICLE 14 . ANY OTHER BUSINESS ARTICLE 14 . To act on any other business that may legally come before 1 this meeting . ' MOTION : I move that the Town vote to adjourn the Special Town Meeting . j ' ACTION : ADOPTED UNANIMOUSLY j Meeting adjourned at 8 : 53 P . M . A true copy , ATTEST : Joan K . Cole Town Clerk j 96 t