Brewster City Zoning Code
ARTICLE XII
Site Plan Review
§ 179-63 Purpose.
The purpose of this article is the protection of public health, safety and welfare through the preservation of the Town's historic and cultural character for the residents and visitors of the Town of Brewster. The site plan review process assures that the development site functions in a logical fashion with minimal impacts. The adoption of these standards (§ 179-64) ensures that future development will not degrade the existing character of the Town and surroundings and will maintain or enhance transportation flow and help preserve the Town’s character and cultural assets for the residents and visitors of the Town of Brewster.
§ 179-64 Applicability.
[Amended 11-18-2024 FYTM by Art. 7]
In addition to any other permits required, the following development activities shall require a Site Plan Review from the Planning Board:
A.
Any use or development referred for site plan review under Chapter 83 of the Brewster Code ("Staff Review").
B.
The establishment of any new commercial, industrial, mixed-use or multifamily use.
C.
For existing commercial, industrial, or multifamily uses, any increase of floor area by more than 500 square feet through either a new principal building, a new accessory building, or an addition to a preexisting building.
D.
A change of use of an existing structure or lot from its current use to any other commercial, industrial, or multifamily use specified in the Table of Uses, § 179-11.[1]
[1]
Editor's Note: Table 1, Use Regulations, is included as an attachment to this chapter.
E.
An increase in lot coverage by 10% or more associated with any existing commercial, industrial, or multifamily use.
§ 179-65 Regulations.
A.
If the site plan meets the requirements of this article, the Planning Board shall approve it. Such approval may include reasonable conditions to ensure the site plan standards (§ 179-66) are satisfied. The Planning Board cannot deny approval of a site plan for a use which is allowed by right (not by special permit) in the district but may impose reasonable conditions on the proposed use. The Planning Board may not impose conditions, the implementation of which would be contrary to any requirement of this bylaw or require a variance from it or any other applicable bylaw.
B.
If the project proponent needs a special permit from the Board of Appeals acting under Article VIII, Nonconforming Uses, Structures and Lots, § 179-28, Change of nonconforming uses, Subsection A, the proponent may file a single, combined special permit application with the Planning Board, and in those instances, the Planning Board is authorized to grant all special permit relief in one proceeding. The proponent shall comply with all pertinent requirements, and the Planning Board shall apply the appropriate criteria to the different components of such an application.
§ 179-66 Site Plan Review standards.
The purpose of these standards is to improve roadway safety and internal site circulation, aesthetics and retention of historic character. All uses requiring a Site Plan Review under this article shall meet the following standards:
A.
Transportation standards.
(1)
Proposed uses shall not degrade the existing levels of service of surrounding roads and intersections below level of service (LOS) C, defined by the Transportation Research Board’s Highway Capacity Manual, based on summer peak-hour traffic volumes. The proponent shall demonstrate that the proposed use shall maintain level of service (LOS) c. If the existing level of service is presently below LOS C, or if the LOS with the new use would fall below LOS C, the Planning Board may require a traffic study that would identify ways to improve LOS or mitigate impacts to the satisfaction of the Board.
(2)
Driveways shall be designed to provide exiting motorists with safe sight distance. Sight distance at all driveways shall meet American Association of State Highway and Transportation Officials standards as well as those set forth in Brewster's Sight Line Bylaw (Chapter 157, Article VI, of the Town Code).
(3)
All new commercial development where the project is expected to increase traffic by 20 or more daily trips, (see § 179-11, Table 1, Use Regulations)[1] shall prepare a trip reduction plan. The trip reduction plan shall describe traffic impact mitigation strategies designed to reduce traffic generation and may include strategies such as company-sponsored carpooling/vanpooling, bicycle and pedestrian incentive measures, and/or variable work hour or flextime programs.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Access standards.
(1)
The number of curb cuts on Route 6A, Route 124, Route 137, Underpass Road and Tubman Road shall be minimized. To the extent feasible, access to businesses shall be provided through one of the following means:
(2)
The Planning Board may allow reduced setback requirements to accommodate joint driveways in cases where it is deemed advantageous to the Town.
(3)
Existing businesses are encouraged to consolidate existing access points, especially in cases where separate parcels are assembled under one purpose, plan, entity or usage.
(4)
Businesses shall be permitted one access driveway by right. Two driveways shall be permitted only when deemed necessary by the Planning Board and shall be clearly marked "entrance" and "exit."
(5)
Internal circulation shall be provided, to the greatest extent possible, among adjoining premises to encourage internal property-to-property pedestrian, bicycle and vehicular movements. 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.
(6)
All necessary curb cut permits shall be obtained prior to issuance of a Certificate of Occupancy by the Building Department.
(7)
Pedestrian and bicycle circulation shall be provided for between the principal building and the street and, where appropriate, adjacent development.
(8)
Driveway locations shall provide the maximum practicable separation between access locations, using shared access where feasible.
(9)
All access drives shall be separated by at least 120 feet in the C-H District and V-B District, as measured between the center line of each access drive at the street line. This standard may only be modified in cases where the Planning Board believes it is in the best interest of the Town to do so.
C.
(Reserved)
D.
Parking design standards.
(1)
The Town of Brewster recognizes that reliance on rigid parking and loading lot standards precludes the development of parking lots that are sensitive to the Town's historic and rural character. Yet, it also recognizes that some standards for parking and loading lot design are required, provided that they can be administered with flexibility given the individual requirements of development proposals and the parcels on which they are proposed.
(2)
(3)
The following guidelines are set forth to assist the applicant and the Planning Board:
(a)
Loading and unloading areas shall be provided of a sufficient size to accommodate the numbers and types of vehicles likely to use the premises, given the nature of the development proposed. Loading and unloading areas shall be located and designed to allow vehicles to safely maneuver to and from a public right-of-way and to prevent obstruction or interference with a public right-of-way, parking space or parking aisle.
(b)
Loading areas shall be provided to the rear of the lot, wherever possible.
(c)
Parking areas shall be located to the side or rear of the structure. No parking is permitted in the required front yard setback for the structure.
(d)
To the extent possible, parking areas shall be shared with adjacent businesses and should be situated to the side and rear of the lot (frontage on Route 6A shall be considered the "front" of the lot).
(e)
In cases where shared parking is provided, the Planning Board may permit a reduction in necessary spaces since complementary uses may require less total parking area than each use individually.
(f)
Bicycle users shall be accommodated by provision of on-site bicycle parking storage and bicycle and walking paths.
E.
Landscaping, design and appearance standards.
(1)
A year-round landscaped buffer strip shall be provided adjacent to any public road to visually screen parking and other uses from the road, where feasible, and without interfering with vehicular or pedestrian safety. The screened buffer shall be appropriate to the site and planted with a combination of grass, medium-height shrubs, evergreen varieties preferred, and shade trees along the road frontage. Applicants are expected to review Brewster's Sight Line Bylaw, Chapter 157, Article VI, of the Town Code, prior to designing parking lot landscaping plans.
(2)
At least 25% of the required front yard area shall be vegetated.
(3)
A landscaped buffer strip of approximately ten-foot depth shall be provided adjacent to adjoining uses, excluding areas providing shared access and parking. The buffer strip shall be planted with a combination of grass, medium-height shrubs (evergreen varieties preferred) and shade trees.
(4)
Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using plantings, a wall or tight fence complemented with plantings or through some other means deemed acceptable to the permit granting authority.
(5)
Shrubs and trees which die shall be replaced within one growing season. All landscaped areas shall be maintained, as approved.
(6)
Buildings and architectural design shall be compatible with the character and scale of the adjacent roadway and surrounding neighborhood.
(7)
Structures shall be sited so as to allow separations between buildings, particularly to encourage open space in the site and reduce building massing.
(8)
The use of bituminous paving shall be minimized.
(9)
Old, well-established trees shall be protected by siting buildings and parking around or within the existing landscape.
(10)
Building design shall adhere to the guidelines of the Brewster Historic District Committee in locations subject to review by the Committee.
F.
Environmental protection requirements.
(1)
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 staff review 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.
(2)
No land altering activity, including clearing, grading, excavating or construction is permitted until all the required permits have been obtained.
(3)
Erosion control.
(a)
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.
(b)
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.
(c)
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 staff review deems such plan to be necessitated by slopes in excess of ten-percent 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.
[1]
Stripping of vegetation, regrading or other development shall be done in a way which will minimize soil erosion.
[2]
Whenever practical, trees and other natural vegetation shall be retained, protected and supplemented.
[3]
The disturbed area shall be kept to a minimum.
[4]
Where necessary, temporary vegetation and/or mulching shall be used to protect areas exposed during development.
[5]
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.
[6]
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.
[7]
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.
[8]
The development plan shall be fitted to the topography and soils so as to minimize erosion potential.
G.
Plants and animals.
(1)
New development and redevelopment proposals located in a mapped Natural Heritage and Endangered Species Program (NHESP) area are required to file with the Natural Heritage Program and provide the written determination from the NHESP prior to receiving Site Plan approval.
(2)
Specimen plants and trees, especially trees exceeding 12 inches in diameter, 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.
H.
Lighting.
(1)
Lighting shall be downward casting and full shielded so as to not illuminate areas off the property. A photometric lighting plan shall be required for all new development. The Planning Board may determine whether a photometric plan is required for redevelopment. Light poles shall be no higher than necessary to provide safe levels of nighttime illumination.
(2)
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.
I.
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 Planning Board the means by which this impact shall be mitigated. The Board shall have the authority to require greater degrees of mitigation if the Board is not satisfied that the resultant noise level will have a minimal effect on surrounding neighborhoods or wildlife habitats.
§ 179-67 Waivers; severability.
A.
Waivers. When in the opinion of the Planning Board the requirements of § 179-66, Site Plan Review standards, do not substantially change the relationship of the structure to the site and to abutting properties and structures, the Planning Board may determine, without a public hearing, that Site Plan Review for special permit approval is not required. Upon receipt of written request, such a determination may be made by an affirmative vote of a majority of the Planning Board present, and in no event fewer than four members.
B.
Severability. The provisions of this article are severable from each other, and the invalidity of any provisions or sections shall not invalidate any other provision or section thereof.