Town of Brewster, MA 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 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.

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 45 days of the date of submission.

D. Preliminary plan content for subdivisions containing 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-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.

(10) The proposed topography of the land at two-foot intervals. The proposed topography is 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 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 c. 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 16 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.

(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 10 or more lots. For developments creating frontage potentially allowing creation of 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. For proposals for the subdivision of 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 10 or more lots from a single or multiple parcels which was/were held in common ownership as of January 1, 1997, and all nonresidential subdivisions, shall be accompanied by four 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 decisionmaking 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 Subsection 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 project's 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 Bylaw.

(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 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.

[1] 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 25 dwelling units), the Board may require detailed technical reports of such impacts.

[2] Water pollution: The impact of stormwater runoff on adjacent and downstream surface water bodies and subsurface groundwater shall be evaluated. Dangers of flooding as a result of increased downstream runoff, especially peak runoff, shall also be considered, as well as the impact of the proposed project on water table levels.

[3] 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.

[4] Plants and 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.

[5] Water supply: the average and peak daily demand and the impact of such demands on groundwater aquifers.

[6] Sewage disposal: the average and peak daily disposal and the impact of such disposal on groundwater.

(b) Man-made environment.

[1] 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 therefor shall be detailed. Consultation with the Board is strongly recommended.

[2] Zoning: compatibility of proposed development with the purposes of the Zoning Bylaw and the zoning district.

(c) Public service.

[1] 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.

[2] Public safety.

[a] Police: the expected impact on police services, time and manpower needed to protect the proposed development and service improvements necessitated by the proposed development.

[b] 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.

[3] 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.

[4] Solid waste disposal: analysis of the projected volume and type of solid waste to be generated by the proposed development and methods of removal.

[5] Water: projected impact on Town water system capacity and infrastructure.

[6] 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.

[1] 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 effects shall be detailed.

[2] Landscaping: Provisions for landscaping shall be described, including type, location and function of all plantings and materials.

[3] 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.

[1] 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:

[a] The existing LOS of relevant road systems including quantitative and qualitative measurements of operational factors, including speed, travel delay, freedom to maneuver and safety;

[b] The expected change in the condition of relevant road systems as a result of the proposed development;

[c] The comparison on a per-acre basis of the total vehicular traffic generation from the proposed development with:

[i] The existing and potential vehicular traffic generation from all other development accessing relevant road systems; and

[ii] The vehicular traffic generation which would be expected to produce a LOS below LOS "C."

[2] 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:

[a] 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

[b] 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 nonresidential 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.[1] The analysis shall indicate differences among alternatives regarding;

[1] 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,[2] this shall include analysis of open and closed drainage system alternatives, examining effects upon the basic water and upon future contaminant levels.

[2] Editor's Note: See Ch. 179, Zoning.

[2] Material effects upon significant wildlife habitats, outstanding botanical features and scenic or historic environs.

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

[4] Relationship to the requirements of MGL c. 131, §§ 40 and 40A (the Wetlands Protection Act).

[5] Impact upon the existing water supply system and well capacity of the Town.

[6] 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.

[7] Measures to be taken to assure compliance with the environmental controls of Article III, Development Standards, of the Development Plan Review Bylaw.[3]

[3] Editor's Note: See Ch. 83, Development Plan Review.

[1] Editor's Note: See § 290-40.

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 names and addresses 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.

(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 50 lots or more shall require at least two 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.

(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.

E. Utility approval. Where the developed property includes a utility right-of-way, evidence of local electric company approval must be submitted, when required.

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.

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.

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 securities, the value required shall be increased by 100% greater than a bond. Such bond or security, if filed or deposited, shall be approved as to form and manner of execution by 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 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 comply with the requirements contained under Article V. Upon failure of the Board to act on such application within 45 days after the receipt of the 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 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.