A. 
Approval shall be granted only for development served by a street providing adequate access as required under the Brewster Planning Board's Subdivision Regulations.[1]
[1]
Editor's Note: See Ch. 290, Subdivision Rules and Regulations.
B. 
Sight distance at any driveway projected to carry more than 20 trips per day shall meet American Association of State Highway and Transportation Officials (AASHTO) standards based on observed (not posted) travel speeds.
C. 
Pedestrian and bicycle circulation shall be provided for between the principal building and the street and, where appropriate, connection to any adjacent developed premises.
D. 
Driveway locations shall provide the maximum practicable separation between access locations, using shared access where feasible.
E. 
Applications for developments having aggregate net floor area on the premises exceeding 0.20 times lot area or forecast to involve more than trip ends of 0.25 per 1,000 square feet of lot area in the peak hour of traffic on serving streets [based on current Institute of Transportation Engineers (ITE) trip generation estimates] shall include a traffic impact study prepared consistent with study guidelines adopted and, from time to time, amended by the Planning Board.
F. 
Developments requiring a traffic impact study under Subsection E shall be authorized only upon determination by the Plan Review Committee that, based upon facilities as existing or committed to be improved by the Town or the applicant, on no lane of any street or intersection will the peak hour volume/capacity ratio be increased by more than 0.1 above baseline as a result of projected traffic, with "baseline" being the ratio resulting from the traffic forecast in five years given development of the premises for single-family residences at densities as allowed under the Zoning Bylaw.[2]
[2]
Editor's Note: See Ch. 179, Zoning.
A. 
Stormwater management. All development shall be designed so that resulting stormwater patterns resemble, as nearly as possible, preexisting conditions of volume, velocity, quality and location of runoff. Any increase over predevelopment runoff peak rate shall be authorized only if the PRC determines that any potential problems with capacity, downstream erosion or siltation will be prevented through on- or off-site improvements or compensatory actions and that the public interest is better served by allowing the increase than by denying it.
B. 
Erosion control.
(1) 
Any area of bare earth exposed through building or site development or demolition must be permanently stabilized through replanting, paving or other means of eliminating wind or water erosion. Such stabilization must be completed prior to building occupancy or, where no building is committed, within 60 days of exposure, or a performance bond must be posted in an amount sufficient to assure completion of such work.
(2) 
All construction must comply with the following. An erosion control plan shall be submitted for every development which will expose more than 60,000 square feet of bare earth during development through either removal or filling on the same parcel or on contiguous parcels in the same ownership and for developments exposing 20,000 to 60,000 square feet of bare earth where the Plan Review Committee deems such plan to be necessitated by slopes in excess of 10% highly erodible soils or other unusual conditions. Such plan shall have sufficient information on existing and proposed topography, vegetation and control measures to allow determination of compliance.
(a) 
Stripping of vegetation, regrading or other development shall be done in a way which will minimize soil erosion.
(b) 
Whenever practical, trees and other natural vegetation shall be retained, protected and supplemented.
(c) 
The disturbed area shall be kept to a minimum.
(d) 
Where necessary, temporary vegetation and/or mulching shall be used to protect areas exposed during development.
(e) 
Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained where necessary to remove from runoff waters any sediment from land undergoing development.
(f) 
The angle of graded slopes and fills shall be no greater than two horizontal to one vertical. Slopes left exposed must immediately be planted or otherwise provided with permanent ground cover or other means sufficient to restrain erosion.
(g) 
A ground cover sufficient to restrain erosion must be planted or otherwise provided within 30 working days, season permitting, on any portion of the tract upon which further active construction is not being undertaken.
(h) 
The development plan shall be fitted to the topography and soils so as to minimize erosion potential.
(3) 
The Plan Review Committee may require a report on the erosion control proposals by the Soil Conservation Service or others expert in soil mechanics in cases where doubt as to adequacy of proposed measures exists. Selection of techniques and determination of adequacy of measures shall, unless otherwise specified, be consistent with Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts, United States Department of Agriculture Soil Conservation Service, 1975.
C. 
Air quality. Any use whose emissions are such as to cause it to be classified as a major new stationary source of air pollution, as defined by the Environmental Protection Agency (EPA) under the Clean Air Act, and any use required to apply to the Massachusetts Department of Environmental Protection (DEP) under 310 Code of Massachusetts Regulations (CMR) 7.00 or to the EPA under Section 112 of the Clean Air Act for permission to emit asbestos, benzene, beryllium, mercury, vinyl chloride or radionuclides shall be permitted only upon determination by the PRC that compliance with the requirements of those agencies is assured and that health and safety are adequately protected.
D. 
Plants and animals. Location and design shall not cause avoidable damage to wildlife habitats, forests or corridors or to any plant or animal species listed as rare, endangered, watch list or of special concern by the Massachusetts Natural Heritage Program or to any tree exceeding 12 inches in trunk diameter at a height of 4 1/2 feet above grade. Specimen plants and trees shall be preserved or relocated when possible. Applicants shall be required to submit signed documentation from the Conservation Commission or its agent that the project has been reviewed by the Conservation Commission with respect to these considerations. The Conservation Commission or its agent may determine that the proposed site either contains no such habitats or species or that all feasible efforts to avoid, minimize or compensate for damage have been reflected in the proposal. The Conservation Commission or its agent may refer the project to the Massachusetts Natural Heritage Program for further review or comment. If additional review of wildlife habitats, forests and/or corridors is determined to be necessary by the Plan Review Committee, the Committee shall be guided by the standards outlined in the most current EIR CCC Plant and Wildlife Habitat Guide Technical Bulletin.
[Amended 11-20-1995 FYTM, Art. 14]
E. 
Hazardous materials.
(1) 
Activities involving one or more of the following are considered unusually hazardous:
(a) 
Manufacturing as the principal activity on the premises, if the products manufactured are either:
[1] 
When wastes, regulated as hazardous under MGL C. 21C.
[2] 
Substances listed on the Massachusetts Substance List contained in 105 CMR 670.000, Appendix A.
(b) 
Keeping of flammable fluids, solids or gases in quantities exceeding four times that requiring licensing under 527 CMR 14.00, except for storage of fuel for consumption on the premises or by vehicles operated incidental to the principal use of the premises.
(c) 
Any activity for which licensing is required under 310 CMR 30.800 to transport, use, treat, store or dispose of hazardous waste (but not those excluded under 310 CMR 30.801).
(2) 
Unusually hazardous activities shall be approved only if the PRC finds that the proposed activity will not cause harm or adverse disturbance to the environment or to other premises, will not jeopardize health or safety either on or off premises and that either any control or safety systems being relied upon are fail-safe or redundant or it has been demonstrated that there would be no adverse health or safety consequences beyond the boundaries of the premises in the event of system failure, in light of on-site decay, dilution or dispersion.
F. 
Water quality and usage.
[Added 11-20-1995 FYTM, Art. 14]
(1) 
If a project lies within a zone of contribution, a cumulative nitrogen loading calculation shall be submitted to the Plan Review Committee, and review by the Water Quality Review Board shall be required.
(2) 
Applicants of projects that do not encroach upon the Groundwater Protection District may be required to submit a cumulative nitrogen loading calculation in accordance with the standards outlined in the most current EIR CCC Nitrogen Loading Calculation Technical Bulletin.
(3) 
Applicants proposing to use in excess of 5,000 gallons of water per day shall provide the Plan Review Committee with an estimate of the project's daily water usage and the proposed water source. The applicant may be required to submit a water conservation plan.
G. 
Open space. The term "open space" as applied in this section shall refer to land set aside which is restricted for conservation, agriculture or recreation. Open space may include woodlands, pasture, landscaped yards, gardens or play areas, walking and riding trails, but shall not include structures, buildings, tennis courts, swimming pools or surfaces used for parking or storage. Projects on lots in excess of two acres or altering more than 25% of the project's lot area shall submit a calculation in accordance with the most current EIR CCC Calculation for Open Space Technical Bulletin. Multifamily residential projects are expected to set aside the equivalent of 60% of the total lot area for open space. Commercial projects are expected to set aside the equivalent of 40% of the total lot area for open space. The Plan Review Committee may require that the applicant provide more open space in order to mitigate the project's impact.
[Added 11-20-1995 FYTM, Art. 14]
A. 
Site design. Site designs not complying with any of the following guidelines shall be allowed only upon determination by the PRC that for the given location, use and size of development, no design better serving the purposes of the chapter is reasonably feasible:
(1) 
Parking and loading areas shall be located to the side or rear of the principal structure, wherever possible. Where site constraints prevent this, visibility of parking areas shall be reduced through location of not more than 1/3 of all parking between the building and the street.
[Amended 5-9-1994 ATM, Art. 27]
(2) 
At least 25% of the required front yard area shall be vegetated.
(3) 
Existing grade shall be changed minimally, typically departing from existing grade by no more than six feet and resulting in a balance on site between cut and fill, except for basement and cellar excavations.
(4) 
Site circulation shall have clarity from the driver's perspective, aided by simple patterns and use of planting islands or other devices in larger circulation areas.
(5) 
Pedestrian access, or bicycle and wheelchair access where possible, shall be provided among all facilities on the site, between them and the street and between them and adjacent premises developed for uses open to the public.
[Amended 5-1-1995 ATM, Art. 17]
B. 
Lighting.
(1) 
The following lighting zones are hereby created:
(a) 
Zone A: locations within a C-H, C-L, I, V-B or MRD District as established in the Brewster Zoning Bylaw.[1]
[1]
Editor's Note: See Ch. 179, Zoning.
(b) 
Zone B: all other locations.
(2) 
Fixtures. Lighting fixture types are defined as follows:
(a) 
Type 1: no light cutoff.
(b) 
Type 2: luminaire shielded such that peak candlepower is at an angle of 75° or less from vertical and essentially no light is emitted above the horizontal.
(c) 
Type 3: luminaire shielded such that total cutoff is at less than 90° from vertical and no light source is in direct view from five feet above the ground at any point off the premises.
(3) 
Lighting limitation. The following limitations shall be observed by all uses, unless the PRC determines that it is inherently unfeasible for that use (e.g., public outdoor recreation) to meet these standards, and that all reasonable efforts have been made to avoid glare or light overspill.
[Amended 5-1-1995 ATM, Art. 17]
(a) 
Maximum luminaire mounting height:
Fixture
Type
Zone A
(feet)
Zone B
(feet)
1
20
10
2
30
15
3
40
20
(b) 
Maximum off-site overspill:
Fixture
Type
Zone A
(footcandles)
Zone B
(footcandles)
1
0.3
0.2
2
1.0
0.3
3
3.0
0.5
(4) 
No flickering or flashing lights shall be permitted. Processes, such as arc welding, which create light flashes shall be confined within buildings or shielded to prevent either direct glare or flashing reflected from the sky.
(5) 
When the Conservation Commission determines that lighting as proposed by an applicant may have a detrimental effect on plants, wildlife or a wildlife habitat or corridor, the Plan Review Committee may impose more stringent restrictions or require further mitigation.
[Added 11-20-1995 FYTM, Art. 14]
C. 
Solid waste. Each development must document arrangements for satisfactory disposal of tree stumps and debris resulting from or discovered during construction and must make permanent arrangements for satisfactory on-site storage of refuse and recyclable material pending its removal. Such storage shall be screened from view from public ways, secured from vermin or other animals and located to present minimal hazard in the event of fire and minimal threat to water quality in the event of container failure.
[Amended 5-1-1995 ATM, Art. 17]
D. 
Historic and archaeologic resources. Historic and archaeologic resources shall not be impaired, damaged or altered by any proposed activity. An agent of the Plan Review Committee shall provide written determination if a Massachusetts Historic Commission notification form Appendix A needs to be filed with the State. A determination of nonsignificance may be made at the local level for certain types of projects after an on-site inspection by an agent of the Plan Review Committee is made.
[Amended 11-20-1995 FYTM, Art. 14]
E. 
Noise. Where exterior noise levels after construction are expected to exceed 100 decibels at the source for more than 15 minutes at a time, continually on a regular or sporadic basis, the applicant shall be required to show the Plan Review Committee the means by which this impact shall be mitigated. The Committee shall have the authority to require greater degrees of mitigation if the Plan Review Committee is not satisfied that the resultant noise level will have a minimal effect on surrounding neighborhoods or wildlife habitats.
[Added 11-20-1995 FYTM, Art. 14]