A.
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 bylaws;
(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.
B.
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 c. 41,
§ 81R to ensure the protection of the Town's natural
and built environment.
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.
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.
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.
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, representative
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.
The Planning Board of the Town of Brewster.
A proposed plan for subdivisions of land submitted pursuant
to MGL c. 41 and these rules and regulations for approval of the Board.
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.
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.
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.
The General Laws of the Commonwealth of Massachusetts.
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 30 miles per hour. LOS "B" represents stable flow with minor delays
and speeds of 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 20 miles per hour or more. LOS "D," "E," and
"F" correspond to decreasing abilities to travel greater than 15 miles
per hour and correspond to the over-capacity of the road system.
An area of land under single ownership, with definite boundaries,
used, or available for use, as the site of one or more buildings.
A proposed plan for subdivision of land submitted pursuant
to MGL, c. 41 and these rules and regulations for the information
of and analysis by the Board and other regulatory agencies of the
Town of Brewster.
ARTERIAL STREET OR ROADA 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.
CARTWAYSAs 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.
CIRCLEA way that has two different accesses and egresses.
COURTAn area which provides access to land used for residential purposes.
MAJOR STREET OR ROADAny street or road, other than a minor street or road. It shall include the terms "collector" (road or street) and "arterial" (road or street).
ARTERIAL STREET OR ROADA 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.
COLLECTOR STREET OR ROADA 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.
MINOR STREET OR ROADA street or road whose primary purpose is to provide access to the abutting dwelling units, not in excess of 50. This definition includes drives and lanes.
PATHA private driveway used for access to land used for residential purposes.
SQUAREAn area which provides access to commercial business.
WAYA passage, path, road or street over land.
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 bylaw, 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 20 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 buildings 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.
Refers to MGL c. 41, §§ 81K to 81GG, titled
"The Subdivision Control Law."
Any person who has been registered or otherwise legally authorized
by the Commonwealth of Massachusetts to perform land surveying services.
The Superintendent of Public Works.
Trip generation rates for land uses will be taken from the
most recent update of Trip Generation, Institute of Transportation
Engineers, Washington, D.C.
Gas, electric, water, drainage, cable television, telephone,
sewer, steam distribution and related and ancillary services.
