HomeMy Public PortalAboutSubdivision Rules & RegulationsCODE BOOK
FINAL May 29, 2009 Page 1 of 36
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. Rules and Regulations revised and
amended in their entirety by the Planning Board effective May 27, 2009]
GENERAL REFERENCES
Zoning -- See Ch. 179.
ARTICLE I
General Provisions
§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.
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§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.
ABUTTER -- An owner of land as listed in the most recent real property tax list, certified
by the Board of Assessors, whose real property is adjacent to, directly opposite on any
public or private street or way, and abutters to the abutters within 300 feet of the property
line of a proposed subdivision of land as shown on the definitive plan.
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.
DEFINITIVE PLAN -- A proposed plan for subdivisions of land submitted pursuant to
MGL, Chapter 41 and these Rules and Regulations for approval of the Board.
EASEMENT -- A right acquired from the owner of the property, by public authority or
other person to use or control property for a utility or other designated purpose.
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.
ENVIRONMENTAL AND COMMUNITY IMPACT ANALYSIS -- A comprehensive,
technical analysis and report by the Applicant which may be required to be submitted to the
Board pursuant to these Rules and Regulations.
GENERAL LAWS -- The General Laws of the Commonwealth of Massachusetts.
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LEVEL OF SERVICE (LOS) -- A term which traffic engineers use to define the various
operating conditions that occur on a roadway or intersection when accommodating various
traffic volumes. Although LOS is a qualitative measure of traffic flow, it is an acceptable
measurement for determining overall impact of development on roadway networks. LOS
"A" is associated with relatively free-flow and average overall traffic speed in excess of
thirty (30) miles per hour. LOS "B" represents stable flow with minor delays and speeds of
twenty-five (25) miles per hour or greater. LOS "C" corresponds to the design capacity of a
road system and indicates stable flow with delays, and speeds of twenty (20) miles per hour
or more. LOS "D", "E", and "F" correspond to decreasing abilities to travel greater than
fifteen (15) miles per hour and correspond to the over-capacity of the road system.
LOT -- An area of land under single ownership, with definite boundaries, used, or available
for use, as the site of one or more buildings.
PRELIMINARY PLAN -- A proposed plan for subdivision of land submitted pursuant to
MGL, Chapter 41 and these Rules and Regulations for the information of and analysis by
the Board and other regulatory agencies of the Town of Brewster.
STREETS, ROADS and WAYS:
1) ARTERIAL STREET OR ROAD -- A major street or road whose primary
function is the carrying of traffic between neighborhoods, between towns or
between regions. This definition includes routes and streets.
2) CARTWAYS -- As shown on the Brewster Town Map, "cartways" are shown
only for the implementation of the house numbering system to provide
identification to existing houses on rights-of-way. A "cartway" does not have
status as an approved or accepted way or street.
3) CIRCLE -- A way that has two different access and egresses.
4) COURT -- An area which provides access to land used for residential purposes.
5) MAJOR STREET OR ROAD -- Any street or road, other than a minor street
or road. It shall include the terms "collector" (road or street) and "arterial" (road
or street).
a. ARTERIAL STREET OR ROAD -- A major street or road whose primary
function is the carrying of traffic between neighborhoods, between towns or
between regions. This definition includes routes and streets.
b. COLLECTOR STREET OR ROAD -- A major street or road which
carries traffic between a system of minor streets or road circulation system
of the Town of Brewster and neighboring towns.
6) MINOR STREET OR ROAD -- A street or road whose primary purpose is to
provide access to the abutting dwelling units, not in excess of fifty (50). Thids
definition includes drives and lanes.
7) PATH -- A private driveway used for access to land used for residential
purposes.
8) SQUARE -- An area which provides access to commercial business.
9) WAY -- A passage, path, road or street over land.
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SUBDIVISION -- The division of a tract of land into two or more lots and shall include
resubdivision, and, when appropriate to the context, shall relate to the process of
subdivision or 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) a public way or a way which the clerk of
the city or town certifies is maintained and used as a public way, or (b) a way shown on a
plan theretofore approved and endorsed in accordance with the subdivision control law,
or (c) a way in existence when the subdivision control law became effective in the city or
town in which the land lies, having, in the opinion of the planning 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 ordinance or by-law, if any, of said city or town for erection of a building
on such lot, and if no distance is so required, such frontage shall be of at least twenty feet.
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 buil dings were
standing when the subdivision control law went into effect in the city or town in which
the land lies 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.
TOWN ENGINEER -- The Superintendent of Public Works
TRIP GENERATION -- Trip generation rates for land uses will be taken from the most
recent update of Trip Generation, Institute of Transportation Engineers, Washington, D.C.
UTILITIES -- Gas, electric, water, drainage, cable television, telephone, sewer, steam
distribution and related and ancillary services.
ARTICLE II
Approval of Subdivision
§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
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Application Form A 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, 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]
C) A plan not requiring approval shall be prepared by a registered land surveyor and shall
be clearly and legibly drawn to the requirements of the Recording Rules adopted by
Registry of Deeds in Massachusetts. If multiple sheets are used, they shall be
accompanied by an index sheet showing the entire plan. All information supplied by
engineers, builders, surveyors, etc., shall be in digital format. A plan not requiring
approval shall contain the following information:
1) Property boundaries, north arrow, date and scale.
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.
4) Sufficient data to determine the location, direction and length of every street and
way line, lot line and boundary line, monuments or references necessary to
establish these lines on the ground.
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.
6) Location of all permanent monuments properly identified.
7) Location, names and present widths of non-public (private) ways abutting the
property.
8) Suitable space to record the endorsement of the Board that approval is not
required with the date and the signatures of the members of the Board.
9) Zoning classification and location of any Zoning District Boundaries that may
lie within the locus of the plan.
10) In the case of the creation of a new lot, the remaining land area and frontage of
the land in the ownership of the applicant shall be shown.
11) Location of all existing buildings, including setback and side and rear yard
designations.
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 land surveyor or engineer who prepared the plan that the remaining
parcel of land contains the minimum upland area required under the Zoning By-
laws.
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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 an d 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 Board review.
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 review of the Board.
B. When conducting such review the Board will take note of the provision 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. (Reserved)
§290-8. Adequate access. [Amended 5-1-1990]
A. 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
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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 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.
ARTICLE III
Plan Submission and Approval Procedure
§290-9. Preliminary plans.
A. 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 B 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.
B. Contents.
1) The preliminary plan may be drawn on paper 24 inches by 36 inches in size at a
scale of not less than one inch equals 100 feet, and two prints will be filed with
the Clerk 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 and for the preparation of Subsections (1) to (7), inclusive, of
the contents of the definitive plan (§290-10C), plus the legend and title
"Preliminary Plan," name of the engineer and/or land surveyor responsible for the
plan, proposed system of drainage, approximate area and dimensions, all existing
utilities on adjacent properties and topography of land in a general manner. The
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Board may require topography for the entire property from United States
Geological Survey maps or on-site survey. During discussion of the preliminary
plan, the complete information required for the definitive plan (§290-10C) 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
Board for review and approval by the Department of Public Works and Police
Department.
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]
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. 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.
D. Preliminary Plan Content for Subdivisions Containing Ten (10) or More Lots.
The preliminary plan shall show the following:
1) Subdivision name, boundaries, north arrow, date, scale, legend and title "Preliminary
Plan".
2) Names and addresses of the record owner and the Applicant and the name or names
of the engineer or land surveyor.
3) Names and addresses of all abutters as determined from the most recent tax list and
such others to whom notices are to be sent.
4) Existing and proposed lines of streets, easements, and any public areas within the
subdivision, in a general manner.
5) The proposed system of drainage, including the location of all wetlands, water
bodies, streams, open drains and ditches, natural or man-made, and flowage rights,
public and private, adjacent to (and to be affected by the drainage from the
Subdivision) or within the proposed subdivision in a general manner.
6) A general description of the type of sewage disposal and water distribution system
proposed.
7) Approximate boundary lines of proposed lots with approximate areas (in square feet
and acres) and dimensions.
8) Names, approximate locations and widths of adjacent streets.
9) The existing topography of the land at two (2) foot intervals based on field survey
and referenced to United States Geological Survey (USGS) datum. Existing
topography is to be indicated by dashed lines with elevations shown.
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10) The proposed topography of the land at two (2) foot intervals. The proposed
topography to be indicated by solid lines with proposed elevations shown enclosed
in blocks.
11) Other existing site features (regardless of proposed construction) including water
bodies, wetlands, buildings, stone walls, rock outcroppings, and trees twelve (12)
inches in diameter or the perimeter of heavily wooded areas.
12) Zoning classification of the area and any Zoning District boundaries that may lie
within the locus of the plan.
13) If the Preliminary Plan does not include all of the contiguous land owned by the
applicant in the area, a plan, in a general manner, should be submitted of the overall
proposed development. If the developer does not agree to provide future
development plans to the Board, the Board shall assume that the remaining land will
be developed to the maximum amount allowed under Zoning.
14) Soil association types of the locus based on U.S. Conservation Service Soils
Mapping of the Town of Brewster, if available.
E. Approval and Disapproval.
The Board shall act upon the preliminary plan and its accompanying materials in
accordance with MGL, Chapter 41. Approval, if given, does not constitute approval of a
subdivision, but does facilitate the procedure in securing approval of the definitive plan.
Any plan submitted by the Applicant to the Board in advance of the definitive plan which
does not conform to the requirements hereof pertaining to a preliminary plan shall not be
considered to be a preliminary plan, nor shall such plan afford protection under the
Subdivision Control Law.
§290-10. Definitive plans.
A. Any person who submits a definitive plan of a subdivision to the Board for approval
shall file with the Clerk of the Board the following:
1) An original reproducible drawing of the definitive plan (includes all plans, maps
and cross sections required by §290-10C) and sixteen prints thereof.
2) A properly executed Application Form C.
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.
5) A separate 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, plus a sketch of land.
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7) A statement of the applicant's choice of methods of satisfying the performance
guarantee required under §290-10L below along with the properly executed
covenant if that is the method of choice.
B. Developments of Ten (10) or More Lots: For developments creating frontage potentially
allowing creation of ten (10) or more lots or in other cases where the Board deems it
appropriate, a comparative environmental analysis, as outlined in this Section shall be
submitted. Proposals for the subdivision of ten (10) or more lots the Board may require the
applicant’s submission of all or part of the following additional information and analyses:
1) Any submission of a residential subdivision creating ten (10) or more lots from a
single or multiple parcels which was/were held in common ownership as of January
1, 1997, and all non-residential subdivisions, shall be accompanied by four (4)
copies of an Environmental and Community Impact Analysis. The Environmental
and Community Impact Analysis shall clearly and methodically assess the
relationship of the proposed development to the natural and man-made environment
of Brewster. This report shall be prepared by an interdisciplinary team of
professionals qualified, experienced, and, where applicable, licensed, in such fields
as Registered Professional Engineers, Traffic Engineers, Architects, Landscape
Architects, Land-Use Planners, Hydrogeologists, Hydrologists, Biologists and other
environmental professionals. It is intended that the report be a guide to the Planning
Board in its deliberations and will build into the board's decision-making process an
appropriate and careful consideration of the environmental and community impacts
of the proposed development.
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:
a. The Environmental and Community Impacts of the proposed development -
All primary and secondary environmental and community impacts, both
beneficial and adverse, anticipated as a result of the proposed development.
This section shall include all impacts resulting from the construction phase
as well as those resulting from the projects completion.
b. Adverse Impacts which cannot be avoided should the proposed development
be implemented - The report shall describe the kinds and magnitudes of
adverse impacts which cannot be reduced in severity or which can be
reduced in severity, but not eliminated.
c. Alternatives to the proposed development - The report shall develop,
describe, and objectively weigh alternatives to the proposed development
which are allowed by the Zoning By-Law.
d. Measures to be used to minimize adverse environmental and community
impacts - Corrective and protective measures which will be taken, as part of
the project, to minimize adverse impacts shall be described in detail.
3) The Board, as part of a review for a Preliminary Subdivision Plan, submitted in
accordance with the requirements of §290-9, may specify which of the following
topics shall be evaluated, and the level of detail required for each topic, in the
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Environmental and Community Impact Analysis and submitted with the Definitive
Plan. If no preliminary subdivision plan is submitted, the Environmental and
Community Impact Analysis shall evaluate all of the following topics:
a. NATURAL ENVIRONMENT
i. Air and Noise Pollution - The impact on local air quality and noise
from the proposed development (including traffic generated from the
development), both during and after construction, shall be evaluated.
For larger developments (over twenty-five (25) dwelling units) the
Board may require detailed technical reports of such impacts.
ii. Water Pollution - The impact of storm water run-off on adjacent and
downstream surface water bodies and sub-surface ground water shall
be evaluated. Dangers of flooding as a result of increased
downstream run-off, especially peak run-off shall also be considered,
as well as the impact of the proposed project on water table levels.
iii. Land - Compatibility of the proposed development with existing
soils; the impact of the removal of any soils or other materials from
the site; and the potential dangers and impacts of erosion and
sedimentation caused by the proposed development.
iv. Plants & Wildlife - The impact that the proposed project may have
on wildlife habitat and on any rare or endangered plant or animal
species known to exist in the area. Applicants shall consult with
appropriate state agencies to determine the location and type of any
endangered plant or wildlife species on the subdivision property.
v. Water Supply - The average and peak daily demand and the impact
of such demands on groundwater aquifers.
vi. Sewage Disposal - The average and peak daily disposal and the
impact of such disposal on groundwater.
b. MAN-MADE ENVIRONMENT
i. Existing Neighborhood Land Use - Compatibility with adjacent or
nearby existing land use, or approved private development plans, if
known, for adjacent or nearby land use changes to occur during the
life of the proposed development. If not compatible, reasons
therefore shall be detailed. Consultation with the Board is strongly
recommended.
ii. Zoning - Compatibility of proposed development with the purposes
of the Zoning By-law and the Zoning district.
c. PUBLIC SERVICE
i. Schools - The expected impact on the school system (both
elementary and secondary levels), the projected number of students;
projected school bus routing changes and projections of future school
building needs resulting from the proposed project.
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
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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.
iii. Recreation - On-site recreation provisions shall be detailed and off-
site recreation demands shall be estimated. Provisions for public
open space, either dedicated to the Town or available to its residents
shall be described. Open space available primarily or exclusively for
residents or employees shall also be described.
iv. Solid Waste Disposal - Analysis of the projected volume and type of
solid waste to be generated by the proposed development and
methods of removal.
v. Water - Projected impact on Town water system capacity and
infrastructure.
vi. Roadway - Projected need, responsibility and costs to the Town of
roadway maintenance shall be analyzed. Impacts of construction
equipment on area roadways shall also be discussed.
d. AESTHETICS
i. Lighting - The type, design, location, functions and intensity of all
exterior lighting facilities shall be described. Attention given to
safety, privacy, security, and daytime and nighttime affects shall be
detailed.
ii. Landscaping - Provisions for landscaping shall be described
including type, location and function of all plantings and materials.
iii. Visual - Attention given to views into the site and from the site shall
be described. Included shall be long-distance views as well as views
to and from adjacent properties.
e. PLANNING: Analyze the compatibility of the proposed development and
its alternatives with the goals and objectives of the most recent Open Space
Plan and other pertinent planning studies.
f. TRAFFIC IMPACTS - In determining the impact of vehicular traffic
generated from a development, the use trip generation rates and levels of
service as defined in §290-3 unless the applicant demonstrates to the Board
that given the nature of the proposed project or applicable road systems,
other standards are appropriate. The applicant shall provide an analysis of
development impact which, at a minimum, includes the following:
i. The existing LOS of relevant road systems including quantitative and
qualitative measurements of operational factors including speed,
travel delay, freedom to maneuver and safety;
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
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generation from the proposed development with:
1. The existing and potential vehicular traffic generation from
all other development accessing relevant road systems; and
2. The vehicular traffic generation which would be expected to
produce a LOS below LOS "C".
The Board may withhold approval of a definitive subdivision plan or may
choose to refer the plan to the Cape Cod Commission as a Limited
Discretionary Referral if, after weighing all the pertinent facts and evidence
the Board finds that:
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
ii. The vehicular traffic contribution from the proposed development,
when added to the existing and potential vehicular traffic that
currently or may in the future access the road system, will generate
vehicular traffic flows that decrease the road system(s) below LOS
"C". However, the Board shall not withhold approval under this
section if the applicant provides measures for the reduction of
vehicular traffic flow or an improved LOS designation. It shall be
the responsibility of the applicant to demonstrate to the Board that
the proposed mitigating measures will work as designed.
g. COST/BENEFIT ANALYSIS: This municipal cost/benefit 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.
h. ENVIRONMENTAL ANALYSIS FOR NON-RESIDENTIAL
SUBDIVISIONS: A comparative environmental analysis shall be
submitted for nonresidential subdivisions and for other cases where the
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 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. The analysis shall indicate differences among
alternatives regarding; [Added 5-1-1990]
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, this shall include analysis of open
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and closed drainage system alternatives, examining effects upon
the basic water and upon future contaminant levels.
ii. Material effects upon significant 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.
C. Contents. The definitive plan shall be prepared by an engineer and/or land surveyor
and shall be clearly and legibly drawn on mylar. The scale shall not exceed one inch
equals 100 feet. 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 Board review), boundaries, North 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.
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 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 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.
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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 permanent monuments and benchmarks and each 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 catch basins, water mains, and their appurtenances. The Board shall
require two copies of the profiles. Total length of all streets 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.
16) The type of development as defined in the Zoning Chapter (Ch. 179) shall be
noted on the plan.
17) Any requests for waivers of the Board rules and regulations shall be contained in
a letter accompanying the definitive plan.
18) Subdivisions of fifty (50) lots or more shall require at least two (2) means of access.
D. 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 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 5 and/or other applicable regulations.
2) The 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 Board must reply in writing,
explaining its reasons, if it acts contrary to their recommendations. [Amended
effective 10-15-1987]
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
Board would ensure an opportunity for discussion of any issues at the public
hearing.
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E. Utility approval. Where the developed property includes a utility right-of-way,
evidence of local electric company approval must be submitted, when required. [Added
effective 10-15-1987 and 05/28/08]
F. 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 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 Board or Board of Health believe it necessary for evaluation before approval.
G. 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 and the subject matter, sufficient for identification, shall be given by the Board
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
as appearing on the most recent tax list.
H. 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 Board after receipt of bond or covenant.
[effective 05-28-08]
I. 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.
J. 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.
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K. 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.
L. Performance guarantee. 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 securi ties,
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 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 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 Board and shall be
contingent upon the commencement of required improvements within two years
of the date of endorsement of the plan. At the discretion of the Board, a time
extension may be granted.
M. Alternate method of guaranteeing performance. After the Board has released one or
more lots from a covenant or performance guarantee, but not more than 50% of the lots,
and following the recording of a mortgage or mortgages on a lot or lots in the subdivision
given as security for advances to the subdivider by a lender, the Board may release one or
more of the remaining lots from the guarantee without receipt of a bond. An agreement
shall be delivered to the Board, which agreement shall be with the Board and executed by
the applicant and the lender. This agreement shall provide for the retention by the lender
of sufficient funds otherwise due the applicant to secure the construction of ways and
installation of utilities. Said agreement shall provide for a schedule of disbursements
which may be made to the applicant upon completion of various stages of the work and
shall further provide that in the event the work is not completed within the time set forth
by the applicant, any funds remaining undisbursed shall be available for completion of
work by the Town.
N. Release of performance guarantee. 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 guarantee with respect to any lot, the applicant shall send by certified mail,
facsimile, or delivered in person to the Town Clerk and to the Board each a written statement
that said construction or installation in connection with which such bond or deposit has been
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FINAL May 29, 2009 Page 18 of 36
given has been completed in accordance with requirements contained under Article V. Such
statement shall contain the address of the project in question. 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 compl y 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 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 guarantee shall be released by the Board until, in addition to
the requirements noted above, the applicant or the applicant’s agent have submitted to the
Board two (2) copies of an as-built plan of the subdivision and subdivision roads and the
Definitive Plan(s) as approved and endorsed by the Board in digital format.
O. 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 endorsed to the final completion of the subdivision. Such status report
may be made at a regularly scheduled Board meeting and shall be made in writing.
ARTICLE IV
Design and Construction Standards
§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 of the subdivision than 25
feet (except where a cul-de-sac is planned for future extension). [Amended
effective 10-15-1987]
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, with easements 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
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permission of the owners on the private road), if proper rights-of-way are granted
by the older 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, cul-de-sac and intersections. These shall be in accordance with the
standards in Table 2.
D. Cul-de-sac (turnarounds). These shall be completely paved. A center island, with
bituminous curbing, will require written approval from the Fire Department.
E. Bridges. They shall be designed in accordance with the standards of the
Massachusetts Highway Department.
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 s atisfactory
to the Board, as advised by the Town Engineer.
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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 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 §290-10.O of the Planning Board Rules and
Regulations. [Amended effective 10-15-1987]
3) 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.
4) 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]
5) Before the base course is spread, the subgrade shall be shaped to a true line and
grade 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 to 95% of the maximum dry density determined by
AASHTO 180, Method D. All subgrades shall be prepared in accordance with the
standards in AASHO Section 150 (Embankments). [Amended effective 10-15-
1987]
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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 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.
ii. Binder course. The binder course shall be 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 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 loamed and seeded shoulders shall be constructed
along the roadway, at its outer edges, in accordance with Table 1.
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 applied in sufficient quantity to assure adequate coverage.
§290-13. Curbing and berms.
A. Curbing shall be standard granite, precast concrete or bituminous concrete at the
election of the applicant.
B. Machine 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, standard granite or
precast 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.
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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 concrete sidewalks, built according to specifications of Massachusetts
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 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 outlined by the Department of Public Works and the
Fire Department.
§290-18. Monuments and markers.
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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]
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 the details of the Massachusetts Highway Department specifications and
standards and typical roadway construction details unless specifically excepted by the
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 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.
§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,
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drainage way, channel or stream and to provide for construction or other necessary
purpose.
§290-22. (Reserved).
§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 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 vistas, historic properties and similar community assets, which, if preserved, will
add attractiveness and value to the subdivision.
A. Topsoil. Topsoil removed during 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 Board.
B. Trees. To the fullest extent possible, existing trees shall be preserved by the
developer. Special consideration shall be given 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. 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, the Board may, after proper
investigation, withhold approval of such lot or lots.
C. Floodplains. Proposed subdivisions shall comply with the state floodplain regulations
and any acts in amendment thereof in addition thereto or in substitution therefore.
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 Wetlands Protection Act, and any acts in amendment
in addition thereto or in substitution therefore. 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.
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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.
ARTICLE V
Required Improvements
§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 acquisition and 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)
§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.
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FINAL May 29, 2009 Page 26 of 36
§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]
Guardrails and barriers may be required when, in the opinion of the 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]
§290-33. Sewerage.
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, 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
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FINAL May 29, 2009 Page 27 of 36
in a condition which meets all the requirements of these rules and regulations to the
satisfaction of the 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.
ARTICLE VI
Administration
§290-35. Inspection and control.
A. The following inspections of the required improvements will be made by the Town
Engineer, who will be accompanied by a member of the Board. (Subdivision Road
Construction Inspection Form shall be used during each inspection.) These inspections
may be in addition to any other inspection the Board may make or cause to be made. All
sampling and testing of materials shall be performed by qualified personnel acceptable to
the Town and shall be at the applicant's expense. At the discretion of the Town Engineer
or the applicant's Engineer, additional sampling may be required.
Inspection #1
An inspection will be made of the work upon completion of all clearing, grubbing, and
excavation and all work incidental thereto as may be required in Article V. No fill shall
have been placed at the time of this inspection.
Inspection #2
An inspection will be made of the completed drainage system (without backfill) as
required herein or on the Definitive Plan.
At the same time, or such other time as the work may be available, an inspection will be
made of the completed utilities (without backfill) as required on the Definitive Plan. The
inspection of the required utilities will be made by the agency responsible for the
particular service as well as by the Applicant's Engineer. The Town Engineer shall also
be notified so that he or she may inspect the utilities prior to backfill. Each agency so
involved will notify the Town Engineer of the approval of such work.
Backfill of any portion of the drainage system or utilities shall not be made until after
receipt of notification of approval or acceptance by the Town Engineer or agency
responsible.
The inspection of the construction of the ways shall include the inspection of the
backfilling and compaction of all utility trenches as may be installed by utility companies
and such work shall be performed in the manner as required by these Rules and
Regulations. It shall be the Applicant's responsibility to insure compliance with these
requirements. If, in the opinion of the Board, the backfilling and compaction of utility
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FINAL May 29, 2009 Page 28 of 36
trenches and the patching of the pavement, if required, has not been performed in
accordance with these Rules and Regulations, the Board may not release the bond or
covenant applicable until such work has been performed to the satisfaction of the Board.
Inspection #3
An inspection will be made of the compacted fill as specified in SECTION V, and as may
be required to bring the roadways to their proposed grades. The Applicant shall notify the
Town and the Town Engineer as to the source of gravel for fill as soon as such
information is known, so that samples may be taken and analyzed by the Town and the
Town Engineer. The Applicant is hereby advised not to proceed with the filling operation
until the Town and the Town Engineer notify the Applicant that the gravel proposed for
the fill is acceptable. If the Applicant precedes with the fill prior to such notice this act
shall be at the Applicant's own risk. The Applicant shall not use a gravel source other
than the one designated without prior notice to the Board and the Town Engineer. The
Applicant’s Engineer or the Town Engineer may also require compaction tests.
Inspection #4
An inspection will be made of the first layer of compacted roadway foundation (stone
dust, gravel, processed stone, or reclaimed asphalt). A gravel sample or samples may be
taken at the option of the Town Engineer, in the same manner as prescribed for
Inspection #3. Compaction tests may also be required by the Applicant's Engineer or the
Town Engineer.
Inspection #5
An inspection will be made of the final layer of compacted roadway foundation
(processed stone) prior to the application of the concrete penetration and gravel sample
may be taken by the Town Engineer. Compaction tests may also be required by the
applicant's Engineer or the Town Engineer.
Inspection #6
An inspection of the binder course (bituminous concrete) will be made during placement
and following completion. If required, samples of the mix shall be taken by the
applicant's Engineer or the Town Engineer for the purposes of performing ex traction
tests, compaction tests, or pavement thickness tests. Core drill samples may be required at
the applicant's expense. Certified paving slips indicating bituminous concrete quantities
shall be submitted to the applicant's Engineer who will tabulate the quantities, check the
correlation with the anticipated qualities, and then forward the slips and a report to the
Town Engineer.
Inspection #7
An inspection of the finish course (bituminous concrete) before, during, and following
the placement of the mix shall be performed. A tack coat shall be applied to the binder
course of mix prior to placement of the top coat where required by the applicant's
Engineer or the Town Engineer. The requirements regarding sampling, testing, and
quantity slips indicated in paragraph 6 above for binder course shall also apply to the top
course.
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Inspection #8
An inspection will be made of all work as required on sidewalks, berms, topsoil,
hydroseeding, open space, side slopes, monuments, bounds, and roadway signs.
Inspection #9
A final inspection will be made of all subsequent work as required herein or on the
Definitive Plan, which shall include the final clean up. An as-built plan shall be filed
following this inspection. The Town Engineer may choose to conduct an additional
inspection to check site improvements against the as-built plan.
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.
F. The Town Engineer will submit a completed certified report to the Board for each
way in a subdivision. If the applicant submits a request for full or partial release from the
covenant or guarantee, the Board may request a report from the Town Engineer prior to
completion of the subdivision road(s).
§290-36. Submission of as-built plans.
Prior to approval and acceptance of a subdivision and/or development, as-built plans
showing the location, bounds, street signs, 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 Clerk:
A. Form A: application for endorsement of plan believed not to require approval.
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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 buildable lot. For a
multifamily residential development a filing fee of three thousand five
hundred dollars ($3,500) plus five hundred dollars ($500) 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).
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8) Modification hearing for a definitive subdivision, preliminary subdivision or
multifamily residential 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.
6) Abutter notification fee – one dollar and 50 cents ($1.50) for each abutter.
The full cost of noticing abutters will not be assigned until certified abutters
list is received.
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 Board Clerk by
Thursday of the previous week. If an advertised public hearing is required, additional
time must be allowed.
§290-40 Traffic Impact Guidelines
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 of the Acts of 1969, subdivision plan approvals and
development plan review.
B. Submittals.
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.
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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.
2) All other proposals shall submit a short traffic impact analysis, unless the deciding
agency requires a full analysis because of special circumstances.
3) The following describes the contents of full and short analyses:
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), unless an alternative is specifically authorized by the deciding
agency or is required by the following.
b. Study horizon shall normally be five (5) years in the future, with background
traffic growth of four percent (4%) per year. In addition to the build analysis,
studies shall include both an alternative of expectable site development as
currently allowed by right and a baseline assuming no site development. The
study area shall include all substantially impacted street segments and
intersections, generally those where project traffic adds five percent (5%) or
more to projected baseline daily volumes.
c. For projects required to prepare a traffic analysis under MEPA, an analysis shall
be submitted meeting the full scope required in Guidelines for EIR/EIS Traffic
Impact Assessment, EOEA and EOTC, July, 1989, unless a reduced scope has
been authorized by MEPA.
d. Sufficient information shall be provided to demonstrate whether or not a full
traffic impact analysis will be required.
e. Graphic presentation shall be provided showing study area average daily and
peak-hour traffic volume under the baseline, alternative and build conditions.
f. Sight distance measurements shall be provided for each point of egress.
g. Any mitigating measures proposed shall be described.
h. For full analyses, capacity and peak-hour level of service analysis shall be
submitted for all street segments and intersections in the study area and gap
acceptance analysis for each point of egress from the development.
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.
iii. Impact on pedestrian safety and convenience.
iv. Noise impacts on residential premises.
C. Standards. The following are the standards which proposals should normally meet, unless
there are peculiar circumstances justifying departure.
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1) The peak-hour level of service under build conditions should not be reduced by
more than one (1) level relative to baseline conditions at any location or by as much
as a half level at more than a quarter of the locations analyzed, unless the alternative
conditions would be worse, after considering mitigations likely to be employed. In
no event should level of service on any study area street segment or intersection
approach fall below level of service D.
2) Average daily traffic volumes should not be increased by more than one-third (1/3)
above the no-build level on any street.
3) Stopping sight distances at points of egress should meet American Association of
State Highway and Transportation Officials standards, assuming wet pavement and
vehicle speeds as observed, not as posted. These are representative values.
Observed speed Sight distance
(miles per hour) (feet)
25 150
30 200
35 250
40 325
45 400
D. Procedure.
1) Applicants for projects to which this policy is applicable are encouraged to contact
the Board early in project design regarding the scoping of any traffic studies,
including consideration of the study area boundary, the definition of the alternative
where involved and the type of mitigation measures, if any, which are likely to
prove appropriate.
2) Impact studies should be submitted at the time of application for a special permit,
subdivision plan approval or development plan review to allow review prior to the
public hearing or meeting at which the proposal will be presented.
3) Decisions by agencies and officials will continue to be based upon bylaws,
regulations and statutes, as adopted, and based upon the criteria and standards which
those laws establish, with these policies providing guidance regarding
implementation of those adopted criteria and standards.
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TABLE 1
Street Cross-Sectional Design Standards
Town of Brewster
Right-of Pavement
Way width Lane Shoulder Width Sidewalks Bi-walks Berm
Type of (minimum) Moving Width Width (total) Number Width Number Width Curbs Width
Street (feet) Lanes (feet) Shoulders (feet) (feet) Required (feet) required (feet) Required (feet)
Major 60 2 12 2 10.5 27 1 4 1 8 Yes 1.5
Arterial
Street
or Road
Major 50 2 12 2 9.5 27 1 4 - - Yes 1.5
Collector
Street
or Road
Minor 40 2 11 2 7.5 25 - - - - No 1.5
Street
or Road
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TABLE 2
Street Geometric Design Standards
Town of Brewster
Cul-de-Sac**
Turnaround Radius
Radius at (minimum)
Radius at Edge of Sight Outside Inside
(Center Line) Grade Angle Offset Roadway Stopping Layout Edge of Edge of
Type of (minimum) Maximum Minimum (minimum) (minimum) (minimum) Distance Radius Pavement Pavement
Street (feet) (percent) (percent) (feet) (feet) (feet) (feet) Allowed (feet) (feet) (feet)
Major 300 7.0 1.0 60 125 50 550 No N/A N/A N/A
Arterial
Street
or Road
Major 300 7.0 1.0 60 125 50 550 Yes* 60 50 -
Collector
Street
or Road
Minor 150 7.0 1.0 60 125 30 450 Yes 55 40 -
Street
or Road
Notes:
*Permitted only in a collector street serving fewer than fifty (50) dwelling units.
**No more than a two-percent grade will be permitted in any direction in a cul-de-sac. [Added effective 10-15-87]
[Amended 5-1-1990]
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TABLE 3
Required Depths of Pavement Sections*
Town of Brewster
Subgrade support Classification
Thickness of Section
(inches)
Type of Street Pavement Section Medium Good/Excellent
Minor Surface course 1 1
Street or Binder course 2.5 2.5
Road Base course**
(a) Bituminous 1.5 Not required
(b) Granular 4 4
Major Surface course 1.5 1.5
Street or Binder course 3 3
Road Base course**
(including collector) (a) Bituminous 2.5 2.5
(b) Granular 6 6
Compaction of subbase (depth) 24 24
Arterial Surface course 2 2
Street or Binder course 3 3
Road Base course**
(a) Bituminous 3 3
(b) Granular 6 6
Compaction of subbase (depth) 24 24
Notes:
*All thicknesses shown in Table 3 and related paragraphs are compacted thicknesses. [Added effective 10-15-87]
**Either (a) or (b). [Added effective 1