[Amended 5-14-1984 ATM, Art. 110]
The regulations which follow shall apply to
the particular use or activity, whether it is permitted by right or
by special permit as an exception. In addition, the Planning Board,
prior to the granting of a special permit, may also impose such additional
conditions as it finds reasonably appropriate to safeguard the neighborhood,
or otherwise serve the purposes of this chapter, including but not
limited to the following: front, side or rear yards greater than the
minimum required by this chapter, screening, buffers or planting strips,
fences or walls, as specified by the Board; modification of the exterior
appearance of the structures; limitation upon the size, number of
occupants, method and time of operation or extent of facilities, regulation
of number and location of driveways or other traffic features and
off-street parking or loading or other special features beyond the
minimum required in this chapter.
A.
Multifamily structures and accompanying lots shall
not comprise more than 35% of the total land area of each C-H District
in which they are located.
B.
Multifamily structures shall not occupy more than
25% of the lot on which they are built.
C.
A minimum of 20% of every lot, regardless of size,
shall be reserved for green areas. Such areas shall not be paved or
hardtop surfaced and shall be used for landscaping and storm drainage
only. All standing trees of four inches or more in diameter shall
be preserved in these green areas for future growth. Green areas shall
be designated on a site plan. A plan for development of the entire
tract shall be submitted to the Planning Board for advice, recommendation
and approval. This plan shall be prepared by a registered architect
and a registered professional engineer. The development plan shall
include the following:
[Amended 5-14-1984 ATM, Arts. 111 and 112]
D.
The developer shall provide, within multifamily developments,
including row houses, an internal sewage collection system which shall
be of sufficient size and design to collect all sewage from all present
and probable structures in the development. The developer shall also
provide a communal sewage treatment and disposal system, which must
be approved by Title V of the Massachusetts Department of Environmental
Quality Engineering Regulations filed May 20, 1977, as amended, and
the Brewster Board of Health, which is of sufficient size to dispose
of all sewage from all present and probable structures in the development.
The developer shall provide within multifamily developments, including
row houses, a storm drainage system which shall be of sufficient size
and design as will collect, carry off and dispose of all surface water
runoff within the development determined by the rational method, for
a ten-year design storm, and shall be so constructed as to conform
to the regulations of the Town of Brewster and the Commonwealth of
Massachusetts. The developer shall provide within multifamily developments,
including row houses, a water distribution system which shall be approved
by the Brewster Water Department and shall be of sufficient size and
design to supply potable water to each of the structures to be erected
in the development. This distribution system must be connected to
and served by the public water supply system of the Town.
[Amended 5-14-1984 ATM, Art. 113]
E.
Miscellaneous provisions.
[Amended 5-14-1984 ATM, Art. 114]
(1)
Except for legal access, 50 feet from the roadway, 15 feet from each sideline and 30 feet from the rear line shall be left as undisturbed yard (yard as defined in § 179-2, Definitions, of this chapter, effective May 14, 1979.
(2)
Building and parking areas shall be set back at least
150 feet from any existing roadway and at least 200 feet from any
R District boundary line.
(3)
Dwelling and/or attached buildings shall be separated
from each other by at least 25 feet.
(4)
Buildings shall have maximum gross floor space area
of 30,000 square feet, excluding basement storage area.
(5)
No permits for multifamily dwellings, including row
houses, may be issued by the Inspector of Buildings until all site
plans are approved by the Planning Board.
[Amended 8-27-1984 STM, Art. 60]
A.
The cluster residential development is intended to allow flexibility in lot sizes and building arrangements for property owners in meeting the basic intent of the dimensional requirement of Article V, while at the same time maintaining the existing character of the Town. Specifically, the plan of the cluster residential development must be superior to that of a conventional layout in preserving the natural landscape in large open areas; in utilizing the natural features of the land so as to avoid extensive topographical change or development on geographically unsuitable land; in preserving scenic views; in providing for fewer street and driveway openings onto through streets; in the provision for utilities and other public services; and must be at least equal to a conventional plan in all other respects. In addition to the plan filing requirements specified in the Subdivision Rules and Regulations,[1] an applicant for a cluster residential development shall
submit a rendering, prepared by a landscape architect, registered
in the Commonwealth of Massachusetts, depicting the cluster subdivision,
including roads, landscape and appropriate locations of dwellings
at full build-out. The rendering shall be considered an integrated
element of the applicant's submission and if the plan is approved
and a special permit granted, said rendering shall be included in
the Planning Board's decision regarding the subdivision plan and special
permit.
[Amended 5-1-2000 ATM, Art. 22]
B.
Any parcel of at least 10 acres in size in the R-R, R-L and R-M Districts may be used for a cluster development and divided into lots, and such lots may be built upon for a single-family residential use under the following alternative frontage and lot area regulations, rather than those otherwise applicable, provided that the Planning Board authorizes such division by special permit. Such special permit shall be granted only upon Planning Board determination that the following requirements have been met and that such alternative development better serves district intent and better serves the neighborhood of the land being developed (Articles II and III) and bylaw purposes (as stated in MGL c. 40A) than would development under otherwise applicable rules:
(1)
Number of dwelling units. The basic number of dwelling
units allowed in the development within an R-R, R-L or R-M District
shall not exceed the number of units which could be developed with
a conventional plan for land in the R-R, R-L or R-M Districts, respectively.
[Amended 11-17-2008 FYTM, Art. 19]
(3)
Lot frontage. The minimum frontage of any lot shall
be not less than 50 feet, except that the minimum frontage for lots
having frontage on an existing street shall not be less than 115 feet,
and the average frontage for lots having frontage only on an existing
street shall be not less than 135 feet. Minimum frontage shall not
be allowed where likely to result in a hazardous concentration of
egress points.
(4)
Lot setbacks. The present setbacks for front, side
and rear yards, as stated in Table 2 at the end of this chapter, shall
be reduced by 1/2 for all setbacks within the subdivision. Setback
requirements where the cluster development lots abut adjacent property
shall remain the same as required in Table 2.
[Amended 5-1-2000 ATM, Art. 22]
(5)
Individual lot area. Minimum lot sizes for lots within
a cluster residential development shall be no less than 5,000 square
feet.
[Amended 5-1-2000 ATM, Art. 22]
(7)
The development shall be served by public water, if
available within 500 feet of the development.
(8)
No less than 60% of the land areas within the parcel or parcels subject to § 179-35 shall be set aside as open space more fully described in Subsection B(9). The open space shall include only uplands. It shall not contain any of the wetlands enumerated in Article II, § 179-6B hereof, or be included within the easement of any overhead utility wires, lines or cables, drainage easements.
[Amended 5-1-2000 ATM, Art. 22; 5-7-2001 ATM, Art. 29]
(9)
Such common land shall be conveyed to the Town, to
a nonprofit open space organization or to a corporation or trust owned
by the residents of the development, as provided by MGL c. 40A, § 9,
and as approved by the Planning Board.
(10)
Such common open land shall be preserved as
undisturbed natural landscape in large contiguous areas and shall
be permanently restricted for conservation. As appropriate to the
site, open space may include woodlands, pasture, walking and riding
trails, and similar areas, but shall not include structures such as
tennis courts, buildings, swimming pools, or other impervious areas.
[Amended 11-17-2008, FYTM, Art. 19]
[Added 5-14-1990 STM, Art. 10]
A.
Applicability. Major residential development (see
definition)[1] is allowed only on special permit from the Planning Board.
Such special permits shall be acted upon in accordance with the following.
In addition, smaller developments may, at the owner's option, be considered
as if a major residential development and employ the following provisions.
B.
Procedures.
(1)
Application for a special permit for major residential
development shall include a basic development plan and a substantially
different alternative development plan, each either conforming to
the requirements for a preliminary subdivision plan or not requiring
approval under the Subdivision Control law. Substantial difference
would be a conventional plan versus a cluster development (§ 179
35) or two plans of the same type having major differences in the
number of lots created, road pattern or open space configuration.
[Amended 11-17-2003 FYTM, Art. 6]
(2)
Applicants for major residential development
shall file with the Planning Board four copies of the following, to
have been prepared by an interdisciplinary team, including a registered
land surveyor, a professional engineer and a registered architect
or landscape architect.
(a)
The basic and alternative development plans
described above, conforming to the information requirements for a
preliminary subdivision plan under the Town of Brewster Rules and
Regulations for Subdivisions.[2] Such plans shall also indicate proposed topography and
the results of deep soil test pits and percolation tests at the rate
of one per every five acres, but in no case fewer than five per major
residential development. Test pits shall be located to the satisfaction
of the Planning Board, following consultation with the Board of Health,
so as to indicate the buildability of areas proposed either for development
or for reservation.
(b)
An environmental analysis as required by the
Town of Brewster Rules and Regulations for Subdivisions.
C.
The Planning Board may authorize flexible development
within a major residential development, subject to the following:
[Amended 11-17-2003 FYTM, Art. 6]
(1)
Lots having reduced area or frontage are not
limited in number to six, but may not have frontage on a street other
than one created by or substantially improved by the development involved.
(2)
Each lot shall have frontage of at least 50 feet and shall have lot area of at least 1/2 that required under Table 2 of § 179-16.
(3)
The proposed open land, unless conveyed to the
Town or its Conservation Commission, shall be covered by a recorded
restriction enforceable by the Town, provided that such land shall
be kept in an open state suitable for park, playground, conservation
area or similar use with only minor coverage by structures or other
features precluding vegetative cover.
D.
Other forms of residential development. All forms of residential development, including multifamily dwellings under the provisions of § 179-34, cluster residential development under § 179-35, planned residential development under § 179-36 and subsidized elderly housing under § 179-42 may be allowed in a major residential development, if otherwise allowable at that location, subject to the applicable provisions of those sections.
E.
Number of dwelling units.
(1)
The basic number of dwelling units allowed shall
equal the number of lots which could reasonably be expected to be
developed for single-family use on that parcel under a conventional
plan in full conformance with zoning, subdivision regulations, health
codes and other applicable requirements, as determined by the Planning
Board.
(2)
The Planning Board may approve a major residential
development containing as many more than the basic maximum number
of dwelling units as the number of units (up to 15% of the basic maximum)
for which there is assurance satisfactory to the Brewster Housing
Authority that through covenant, repurchase agreement or other means
enforceable in the long term by the Town, the unit will be sold or
leased at costs and with income eligibility limits meeting the guidelines
of state or federal housing programs, such as the MHP Local Initiative
Program or Housing Opportunity Program. In no event, however, shall
the Planning Board allow an increase to the extent that disposal facilities
discharging within a Water Resource District serve more than one bedroom
per 10,000 square feet land area in the development in that District.
F.
Decision. The Planning Board shall approve or approve
with conditions a special permit for major residential development
for the basic development plan, provided that the Board determines
that the basic plan is at least as beneficial to the Town as the alternative,
based upon the considerations below, and that the alternative plan
is in fact a good-faith design for beneficial use of the site.
(1)
If the Board determines that the alternative
plan is more beneficial to the Town than the basic plan, it shall
approve major residential development for that plan, provided that
it meets all requirements of the Zoning Bylaw.
(2)
The Board shall disapprove both plans only if
it determines that the alternative plan is not a good-faith design
or that the more beneficial plan does not conform to the requirements
of the Zoning Bylaw.
(3)
In considering whether to approve a special
permit for major residential development, the Planning Board shall
consider how well the development satisfies the following criteria:
(a)
Preservation of natural resources, especially
in relatively large-scale contiguous areas.
(b)
Protection of visual character by having open
spaces visible from major roads.
(c)
Reduction in length of publicly maintained road
and utility per dwelling unit served.
(d)
Location of development on sites best suited
for such and avoiding environmentally fragile locations.
(e)
Protection of major street appearance and capacity
by avoiding development fronting such streets.
(f)
Provision of housing meeting needs of year-round
residents.
G.
Development timing. As a condition of its approval,
the Planning Board may require a development schedule limiting the
rate of development for the premises, taking into consideration the
intent of avoiding large year-to-year variations in Town-wide development
rate while allowing development consistent with historic average rates
and also taking into consideration the housing needs which the development
will serve, the housing cost and feasibility consequences of the limitation
and the ability of the Town to timefully provide needed services to
the site. In no event shall a development be limited to fewer than
six lots or dwelling units per year or be obliged to spread development
out over more than eight years.
[Amended 5-11-1981 ATM, Arts. 35 and 36; 5-11-1982 ATM, Arts.
83 and 84; 5-14-1984 ATM, Art. 116]
A.
The planned residential development (PRD) is intended
to provide an alternate pattern of land development to the pattern
permitted in the R-M and R-L Residential zones. Specifically, it is
intended to encourage the conservation of significant tracts of common
open space and the preservation of natural features of the land, while
at the same time providing for a greater mixture of housing types.
B.
A planned residential development shall result in:
(1)
Preservation of the natural landscape in large open
areas, designed to foster the continuation of existing ecosystems.
(2)
Efficient allocation, distribution and maintenance
of common open space to protect valuable natural environments, outstanding
vegetation or scenic spots and critical wildlife habitat.
(3)
Economic and efficient street, utility and public
facility installation, construction and maintenance.
(4)
Housing and land development harmonious with natural
features so as to avoid extensive topographical change necessitating
vegetation and tree removal.
(5)
Preservation of groundwater quality and prevention
of pollution of adjacent open bodies of water.
(6)
Preservation of water views or other scenic views
from public ways.
(7)
Preservation of the existing character of the surrounding
neighborhood.
[Added 11-15-1993 FYTM, Art. 17]
(8)
Preservation of existing historic resources, where
applicable.
[Added 11-15-1993 FYTM, Art. 17]
C.
In addition, the planned residential development shall
comply with the following requirements:
(1)
Minimum required land area for a planned residential
development shall be 25 contiguous acres of buildable upland, as defined
in this chapter, in single or consolidated ownership at the time of
application.
(2)
A plan for the development of the entire tract and
an impact study shall be submitted to the Planning Board for special
permit approval. The plan shall be prepared by a registered architect,
a professional engineer and a registered land surveyor. The development
plan shall include the following:
(a)
The location and acreages of area to be devoted
to specific uses.
(b)
A thoroughfare plan and a public utility plan.
(c)
Proposed residential density of development
in terms of dwelling units per acre and proposed commercial uses in
square footage.
(d)
A separate plan showing the location of buildings,
of parks, of open recreation areas and of other open spaces and of
any other community uses.
(e)
Maps to a scale of one inch equals 100 feet,
including the tract and surrounding area within 100 feet.
(f)
Areas of conservation interest or environmental
concern, such as ponds, streams, bogs, marshes, swamps, bay and estuaries
and upland areas bordering these wetlands; steep slopes, dunes and
areas with high-water tables.
(g)
Photographs and a description of lands located
within 100 feet of the proposed site, including existing building
type, height, architectural style and density, to assist the Special
Permit Granting Authority in evaluating the compatibility between
proposed uses/structures of the proposed PRD and existing uses/structures
in the surrounding neighborhood.
[Added 11-15-1993 FYTM, Art. 17]
(h)
Areas of historical interest, located on site
or within 100 feet of the proposed site, including a description of
the building type, height and style of historic structures.
[Added 11-15-1993 FYTM, Art. 17[1]]
[1]
Editor's Note: This article also provided
for the renumbering of former Subsection C(2)(g) to Subsection C(2)(i).
(i)
An analysis of the consequences of the proposed
development shall be included, evaluating the following impacts at
a level or detail appropriate to the number of units proposed:
[1]
Natural environment. A plume study shall be
undertaken, the necessary geohydrological services to be performed
by a firm acceptable to the Planning Board. The scope of these services
shall include:
[a]
The development of a water table
contour map in the vicinity of the proposed project to determine probable
groundwater flow directions.
[b]
Projection of nitrogen levels in
downgradient groundwater.
[c]
The evaluation of the impacts on
public and private drinking water, on lakes and ponds and on coastal
waters.
[d]
Copies of the report shall be available
to the Cape Cod Commission and the Brewster Water Quality Review Committee.
[Amended 11-15-2010 FYTM, Art. 12]
[2]
Public services. The impact of the proposed
development on public services shall be undertaken and shall address
the following:
[Amended 11-15-1993 FYTM, Art. 17]
[a]
The expected impact on the Town
of Brewster's school system (through 12th grade), including the number
of school children to be generated, and the capacity of the public
school system to handle the additional students.
[b]
The anticipated demand for police
and fire services.
[c]
The estimated daily and peak volume
and weight of solid waste to be generated and the increase in school-related
waste disposal. Efforts to recycle solid waste shall be noted.
[d]
The need for additional public
recreation facilities.
[e]
The source of water proposed to
serve the proposed development, the daily and peak water supply demand
and its impact on public water supplies.
[3]
Economics. There shall be a study of municipal
costs and revenues, local business activity and local jobs.
[4]
Visual environment. There shall be a study of
visibility of buildings and parking and visual consistency with existing
development of the area.
[5]
Land. Changes to land topography and the extent
of sedimentation and erosion during construction and post-development.
[Added 11-15-1993 FYTM, Art. 17]
[6]
Traffic. The expected impact of traffic generated
from the proposed development upon the carrying capacity and safety
of any adjacent highway or road during peak summer and year-round
conditions, including the projected number of motor vehicle trips,
road capacities and impacts on traffic congestion and circulation
on nearby intersections, and provision of on-site and off-site traffic
improvements and mitigation. Traffic flow patterns at the site, including
entrances and exits, loading and unloading areas, parking areas and
curb cuts on site and within 100 feet of the site, shall be evaluated.
Pedestrian and bicycle circulation shall be provided and described.
[Added 11-15-1993 FYTM, Art. 17]
[7]
Community character. The style of architecture
and landscaping shall be described and its impact on the surrounding
community character and aesthetics shall be evaluated.
[Added 11-15-1993 FYTM, Art. 17]
(3)
The developer shall provide within the planned residential
development an internal sewage collection system which shall be of
sufficient size and design to collect all sewage from all present
and probable structures in the development. The developer shall also
provide a communal sewage treatment and disposal system in accordance
with Title V of the Massachusetts Department of Environmental Quality
Engineering Regulations, filed May 20, 1977, as amended, and which
is also of sufficient size to dispose of all sewage from all present
and probable structures within the planned residential development.
The entire system must also be approved by the Brewster Board of Health.
(4)
The developer shall also provide within the planned
residential development a storm drainage system which shall be of
sufficient size and design as will collect, carry off and dispose
of all surface water runoff within the development determined by a
rational method of a twenty-year storm and shall be so constructed
as to conform with the regulations of the Town of Brewster Department
of Public Works Construction Standards, with appropriate computations
and drainage schedules attached.
(5)
The developer shall provide within the planned residential
development a water distribution system which shall be approved by
the Brewster Water Department and shall be of sufficient size and
design to supply potable water to each of the structures to be erected
in the development. This distribution system must be connected to
and served by the public water system of the Town. The developer shall
also provide a fire hydrant within 500 feet of each structure.
(6)
In order to achieve the most beneficial allocation of the required open space, the Planning Board may request the written advisory opinion of any appropriate Town Board or agent in order to evaluate the areas of conservation interest and environment concern designated in Subsection C(2)(f).
(7)
A trip reduction plan shall be submitted as a condition
for issuance of a special permit. The trip reduction plan shall describe
traffic impact mitigation strategies designed to reduce traffic generation
and may include strategies such as company/homeowner association sponsored
carpooling/vanpooling, bicycle and pedestrian incentive measures,
variable work-hour or flextime programs for commercial use and inclusion
of neighborhood-oriented commercial uses serving residents of the
PRD. The applicant shall also propose a means to ensure participation
by subsequent owners and tenants of the planned residential development.
[Added 11-15-1993 FYTM, Art. 17[2] ]
(8)
Uses.
(a)
The following uses only shall be permitted within
a planned residential development:
[1]
Single-family attached or detached dwelling.
[2]
Two-family or multifamily dwelling.
[3]
Accessory private garage.
[4]
Private park or recreation area which may include
a golf course, swimming pool, tennis court, ice-skating rink and other
similar recreational uses subject to the performance standards stated
below.
[5]
Stores with aggregate gross floor area of 2,000
feet or less primarily serving the local retail needs of the residents.
The necessary parking spaces to be provided in accordance with the
appropriate Zoning Bylaw.
(b)
No uses shall be permitted within which will
produce noise, glare, odor, air pollution, fire hazards or other safety
hazards, smoke, fumes substantially detrimental to existing or prospective
development of the neighborhood, including abutting properties, as
determined by the Brewster Planning Board prior to approval.
(9)
Within a planned residential development, the following
percentages of the total land area shall be devoted to the specific
uses:
(a)
A minimum of 60% of the total area, of which
at least 15 acres shall be buildable upland, shall remain as open
space. The open space may be used for recreational purposes by residents
of the PRD and may include such areas as woodland, open fields, golf
courses, parks, gardens, grassed courts or clothes drying areas. No
paved or nonvegetated space may be included as open space, and no
building may be erected on such open space.
(b)
The remaining 40% of the total PRD area for development, including roads, drives and parking lots, may be utilized for residential and commercial purposes. The residential area shall be spread over at least 75% of this 40%. In computing land to be considered as devoted to residential and commercial use, no part of the 60% designated as open space in Subsection C(9)(a) may be included.
(10)
The residential density shall not exceed that
which would be permissible under a normal subdivision development
in an R-M and R-L District as applicable.
(11)
There shall be no minimum lot size, no minimum
percentage of lot coverage and no minimum lot width. However, every
single-family dwelling shall be set back at least 20 feet from the
street right-of-way and shall have access to a public street, court,
walkway or other area dedicated to public use. No structure and no
group of structures (such as semidetached dwellings or a row of townhouses)
shall be erected within 24 feet of any other structure or group of
structures. However, every residential structure shall be set back
at least 20 feet from any way within the PRD.
(12)
The proposed location and arrangement of structures
shall not be detrimental to existing or prospective adjacent structures
and adjacent properties or to existing or prospective development
of the neighborhood. To achieve this, a buffer zone of natural vegetation
50 feet minimum in width shall be maintained between the development
and any abutting property; a buffer zone of natural vegetation 100
feet wide shall be maintained between the development's recreational
facilities (swimming pool, tennis courts, game facilities) and any
abutting property.
(13)
To ensure the protection of sensitive environmental
areas from pollution, erosion, sedimentation and other adverse effects
of construction and development, no buildings shall be allowed within
50 feet of any water body or wetland. Roads and other access structures,
such as paths, boardwalks and steps, may be closer to these areas,
provided that the Planning Board determines that no adverse effects
shall result due to their construction or presence.
(14)
The dimensions and construction of roads, alleys
and parking areas within the development, whether or not the dedication
of them to the Town is contemplated, shall conform to all applicable
regulations of the Town, including in particular the rules and regulations
governing the subdivision of land adopted by the Planning Board.
(15)
The maximum permitted height of structures shall
be 30 feet.
[Amended 5-14-1990 STM, Art. 7]
(16)
Open spaces between structures, including those
spaces being used as public or private recreational areas, shall be
protected by adequate covenants running with the land or by conveyances
or dedications.
(17)
Any modification of an approved planned residential
development must be approved by the Planning Board. The Planning Board
may require a public hearing for the modification of a planned residential
development (PRD).
[Amended 5-14-1990 ATM, Art. 47; 5-4-2009 ATM, Art. 29]
A.
The buildings or premises occupied shall not be rendered objectionable
or detrimental to the residential character of the neighborhood due
to the exterior appearance, emission of odor, gas, smoke, dust, noise,
electrical disturbance or in any other way.
B.
Any such building shall include no feature of design not customary
in buildings for residential use.
C.
No more than two nonresidents shall be employed therein.
D.
The use is carried on strictly within the principal building on the
premises and/or the accessory building(s).
E.
The area used for the home occupation shall not exceed 40% of the
existing floor area of the principal building and/or the accessory
building(s) or 499 square feet, whichever is less.
F.
Items produced elsewhere shall not be brought to the premises for
purposes of sale.
G.
Such uses as clinics, barbershops, bakeries, gift or antique shops,
beauty parlors, tearooms, tourist homes, animal hospitals, kennels
and others of a similar nature shall not be considered to be home
occupations.
[Amended 10-17-1988 STM, Art. 25; 5-8-1989 ATM, Arts. 43 and 50]
A.
The tract in single or consolidated ownership at the time of application shall be at least three acres in size for a planned business development and a minimum of 40,000 square feet and a maximum of three acres for row commercial. Row commercial or planned business development shall contain a minimum of 25% open green space and a maximum of 25% building coverage. In either case, percentage figures are based on buildable uplands, as defined in Article I, General Provisions, § 179-2B.
B.
Uses in a planned business development shall, and
in row commercial development may, be contained in more than one building.
Each building shall be separated from another by at least 24 feet
and each building shall have a minimum footprint of 500 square feet.
[Amended 11-13-2006 FYTM, Art. 31]
C.
The building footprint shall not exceed 25% of the
buildable upland of the land involved.
D.
Planned business developments or row commercials shall
be served by one common parking area and by common exit and entrance
areas.
E.
Reduction in parking space requirements shall not
exceed more than 10% of those required under normal applications of
requirements of the C, V-B or I Districts but shall not allow any
reduction in the number of loading areas required.
G.
The planned business development or row commercial
shall be served by public water and public sewerage if available within
500 feet or by communal supply and disposal systems approved by the
Massachusetts Department of Environmental Quality Engineering and
the Brewster Board of Health.
[Added 5-5-2014 ATM, Art. 22]
A.
A medical marijuana dispensary (MMD) shall conform to 105 CMR 725.000:
Implementation of an Act for the Humanitarian Medical Use of Marijuana,
in addition to any requirements outlined herein.
B.
The special permit granting authority shall be the Planning Board.
C.
A special permit granted under this section shall have a term limited
to the duration of the applicant's ownership or lease of the premises
as a MMD. A special permit may be transferred only with the approval
of the special permit granting authority in the form of a modification
to the special permit.
[Added 3-12-2018 STM,
Art. 1]
A.
Recreational Marijuana Establishments (RME) shall conform to 935
CMR 500.000: Adult Use of Marijuana, and shall only be permitted pursuant
to this Section and the requirements stated herein.
B.
The special permit granting authority for RMEs shall be the Planning
Board.
C.
A special permit granted under this section shall have a term limited to the duration of the applicant's ownership or lease of the premises for an RME, as licensed by the Massachusetts licensing authority. Any new license for an existing RME location or transfer of an existing license to a new owner of an RME shall require a new special permit pursuant to § 179-51 and site plan review pursuant to § 179-64 of the Brewster zoning bylaws.
[Added 3-12-2018 STM,
Art. 1]
A.
The cultivation, production, processing, manufacturing, assembly,
packaging, retail or wholesale sale, trade, distribution or dispensing
of marijuana is prohibited unless licensed by all applicable Massachusetts
licensing authorities and permitted as a RME under this section.
B.
Pursuant to MGL c. 94G, § 3(a)(2), the number of recreational
Marijuana Retailers shall be limited to one establishment in Brewster
which is fewer than 20% of the number of licenses issued within the
Town for the retail sale of alcoholic beverages not to be drunk on
the premises where sold under MGL c. 138 § 15 (package store
licenses). Any Medical Marijuana Dispensary, licensed or registered
not later than July 1, 2017, engaged in retail sale of marijuana or
marijuana products, shall be exempt from this limitation for purposes
of converting from a Medical Marijuana Dispensary to a recreational
Marijuana Retailer.
C.
The number of any type of RMEs, except recreational Marijuana Retailers,
shall be limited to not more than two of the same type of RME in Brewster.
D.
On-site consumption of recreational marijuana products at RMEs shall
be prohibited unless permitted by a local ballot initiative process,
as allowed by MGL c. 94G, § 3(b).
E.
RMEs are commercial uses and shall be located in stand-alone structures,
not connected to any other building or use.
F.
Hours of operation for recreational Marijuana Retailers shall not
exceed the Alcoholic Beverages Control Commission (ABCC) maximum hours
of operation for liquor licenses not to be drunk on premises pursuant
to MGL c. 138, § 15 but may be limited by conditions of
the special permit.
[Added 3-12-2018 STM,
Art. 1]
Any term not specifically defined herein shall have the meaning
as defined in MGL c. 94G, § 1 and the Cannabis Control Commission
Regulations 935 CMR 500.00 governing Adult Use Marijuana.
A.
"Recreational Marijuana Establishment" shall mean a marijuana cultivator,
marijuana testing facility, marijuana product manufacturer, marijuana
retailer or any other type of licensed marijuana-related business
as defined in MGL c. 94G, § 1 or the Cannabis Control Commission
Regulations 935 CMR 500.00.
B.
Marijuana retailer. An entity licensed by the Cannabis Control Commission
to purchase and deliver recreational marijuana and marijuana products
from marijuana establishments and to deliver, sell or otherwise transfer
recreational marijuana and marijuana products to marijuana establishments
and to consumers, as defined in MGL c. 94G, § 1 and the
Cannabis Control Commission Regulations 935 CMR 500.00 governing Adult
Use Marijuana.
C.
"Medical marijuana dispensary". An entity registered by the Department
of Public Health or the Cannabis Control Commission that acquires,
cultivates, possesses, processes, transfers, transports, sells, distributes,
dispenses, or administers medical use marijuana, products containing
medical use marijuana, related supplies, or educational materials
to registered qualifying patients or their personal caregivers.
[Added 3-12-2018 STM,
Art. 1]
A.
No RME shall be located within 500 feet, as measured from each lot
line of the subject lot, of the following pre-existing uses: a K-12
educational use; childcare center; public park; playground; or children's
camp.
B.
Applicants for an RME shall provide the licensing agent's approved
security plan to the Police Chief and Fire Chief prior to the granting
of a Special Permit.
C.
An approved Host Community Agreement shall be required prior to the
granting of a Special Permit for a RME.
[Amended 11-17-2008 FYTM, Art. 18]
A.
Lawful sand and gravel operations in existence on the effective date
of this bylaw may continue on those parcels of land where there are
ongoing operations. After this bylaw section becomes effective, sand
and gravel operations shall not be extended horizontally or vertically
without a special permit consistent with this bylaw and section.
B.
Except where such activity is clearly incidental to the development
of a site for a building or street or cranberry bog or repair of existing
septic system or where the activity is approved coincident to the
construction of a subdivision of land approved by the Planning Board
pursuant to MGL c. 41, § 81U, no sand, gravel, loam or minerals
shall be moved from any area where the amount moved is 2,000 cubic
yards or more within any one-year period unless authorized by a special
permit by the Planning Board. No new ponds or enlargements to existing
ponds shall be allowed in Zone II areas.
C.
After the effective date of this section, no preexisting sand and gravel operations shall involve excavations below a place of 10 vertical feet above the historical high groundwater level at the site nor within the setbacks prescribed in this section. Special permits for sand and gravel operations within the Water Quality Protection District may be issued for unworked areas, either on lots being worked or on lots abutting lots being worked, on the effective date of this section. The elimination of lot lines after that date shall not increase the area available for special permit and shall not affect the application of § 179-39 through § 179-39.6.
[Added 11-17-2008 FYTM, Art. 18]
BOARD — Shall mean the Planning Board.
Shall include but not be limited to soil, sand, clay, gravel
and rock.
Shall mean commercial mining, stripping, quarrying, filling,
digging or blasting of earth originating from Brewster and its transportation
on or off the site into or out of Brewster.
[Added 11-17-2008 FYTM, Art. 18]
A.
Each application for a special permit for sand and gravel operations shall be subject to the procedures as required by § 179-51 of the Zoning Bylaw, as amended.
B.
Each application for a special permit for sand and gravel operations
shall be accompanied by plans prepared by a licensed professional
engineer, licensed land surveyor or other accepted professional, broken
down into three phases, showing the premises in sufficient detail
to describe the proposed operation and including the following:
(1)
Existing conditions plan:
(a)
Current site plan - property and street lines, names and addresses
of applicants, property owners and abutters drawn to a twenty-foot
or forty-foot scale;
(b)
Locus plan - The applicants' entire property holdings within
a two-mile radius must be shown on a plan drawn to a two-hundred-foot
scale;
(c)
Existing topography of the site in two-foot contours showing
all man-made features/structures, property lines, fences/stonewalls,
vegetative cover and the topography by five-foot contours 100 feet
beyond the limits of the property where the excavation is to take
place;
(d)
Elevation of the seasonal high groundwater table and the historical
high groundwater table and locations of monitoring wells, existing
or to be installed, by the applicant.
(2)
Active operational plan:
(a)
Location and manner in which all material is to be stored; specific
details about where debris, including but not limited to trees stumps,
shall be disposed;
(b)
A plan showing the proposed stage-by-stage progress of mining
over the term of the special permit, recognizing that the maximum
area of any single stage shall not exceed five acres. Each movement
into a new stage shall be contingent on revegetation of at least a
portion of the previous stage in such a way that no more than five
acres of bare sand shall be open to weather at any given time;
(c)
Estimated quantity of material to be removed and topsoil to
be replaced and the method to be used during each anticipated phase
of the operation, verified by a registered Massachusetts land surveyor
or professional civil engineer;
(d)
A road map shall be provided indicating the access and egress
of traffic. Not more than one entrance and one exit shall be provided
to any area of operation;
(e)
The plan should show the property has restricted access.
(3)
Closure plan: Closure plan, showing the following information
in two-foot contours drawn to a twenty-foot or forty-foot scale:
[Added 11-17-2008 FYTM, Art. 18]
A.
Each special permit for sand and gravel operations shall be issued
for a period of no more than five years. Special permits may be renewed
for additional periods of five years in the same manner.
B.
Where the request covers a parcel of land larger than five (5) acres
a special permit may be granted for the entire parcel but the special
permit shall define the intended progress of mining in stages not
to exceed five contiguous acres. The special permit shall explicitly
specify the order in which each stage shall be mined and that progress
into the next successive stage shall be contingent on the revegetation
of the current stage so that under no circumstances shall more than
five acres be open and unvegetated at any one time.
[Added 11-17-2008 FYTM, Art. 18]
Each special permit shall be subject to, but not limited to,
conditions and/or restrictions related to the following, unless as
determined by the normal super-majority vote of the Board that such
conditions or controls are not necessary:
A.
All vegetation and soil suitable for cover material shall be stockpiled
or windrowed and retained for future use in the reclamation of the
affected area;
B.
Border buffer strips in which natural vegetation and soil are undisturbed
shall be required to be left for a width of at least 100 feet from
the side line of any road open to public use, except for designated
access to the sand and gravel operation and for a width of at least
50 feet from all abutting property lines unless written consent of
the abutting property owner has been received by the Board;
C.
The preservation of trees, bushes and other vegetation and the erecting
of a six-foot-high landscaped berm or fencing may be required within
200 feet of a residential property line to muffle objectionable noise
or vibration;
D.
The depth of any excavation shall be limited to a plane that is at
least 10 vertical feet above the historical high groundwater level
for that location, unless the purpose is to create a pond or cranberry
bog. The Board may require the installation of monitoring wells in
addition to those proposed by the applicant and require a sampling
and reporting schedule different and more stringent than that proposed
by the applicant;
E.
No mining or excavation activity shall induce flooding, erosion,
or siltation on any adjacent property;
F.
Provisions of the special permit may be maintained during operations
for the control of noise, dust and/or erosion caused by wind or water
which would affect the adjacent properties or traffic along a roadway;
G.
Only uses allowed in the special permit shall take place on the subject
premises. No other coincidental land uses shall be permitted to coincide
with the primary use for more than 30 days per year (consecutive or
not) unless specifically authorized by the special permit;
H.
No earth or other materials foreign to the subject premises, including
but not limited to boulders, asphalt, cement, road construction debris,
demolition debris and tree stumps shall be brought onto and deposited
or buried on the subject premises during the period of the special
permit except topsoil and living plant material for reclamation use,
unless specifically authorized by an existing registration or by the
special permit or by written consent of the Board of Health or its
agent. In this connection, debris is not included in the definition
of "earth" above;
I.
The special permit grantee shall, to the satisfaction of the Board,
stake or mark all phase areas where work and restoration have been
completed, the phase area currently being worked, and any phase areas
for which subsequent work is planned. The GPS coordinates of these
bounds and all bounds on the premises shall be recorded and this information
shall be filed with the special permit granting authority. These boundary
markers shall be maintained at all times during the time period of
original and any renewed special permits;
J.
Records showing the amount of earth removed shall be provided to
the Planning Board on each one-year anniversary date of the granting
of the special permit by a registered Massachusetts professional engineer
or civil engineer on a certified current site plan with contours and
elevations;
K.
Times of earthmoving or related operations may be restricted to those
stipulated in the special permit, which will vary in accordance with
the proposed site and existing and/or future surrounding land uses.
Included among related operations are the starting of engines either
for vehicles or machinery, loading and unloading of trucks, and preparations
for commencing work;
L.
The applicant and/or property owner shall agree by acceptance of
the special permit to allow the Planning Board, the Board of Health
or their representative(s) free access to the site to conduct inspections
to determine compliance with the conditions of the special permit
at any time without prior notice;
M.
The applicant for a special permit shall advance sufficient funds
to reimburse the Town of Brewster as the Planning Board estimates
necessary for professional evaluation services. Unexpended funds will
be refunded to the applicant. During the term of the special permit,
the Planning Board may demand additional funds at its sole discretion
to monitor operations on site should these services become necessary;
N.
The Board must be notified of any transfer of ownership or legal
interest or change in contractual interest in the subject property,
including the sand and gravel operator deriving income resulting from
such work on said property, within 10 days of such transfer or change.
Failure to do so will render the special permit null and void from
the date of transfer or change in contractual interest;
[Amended 5-4-2009 ATM, Art. 30]
O.
The reclamation plan of the altered land shall be performed in the
following manner:
(1)
The slope of the finished banks shall at a minimum meet OSHA
standards 2008 edition.
(2)
At least four inches of topsoil shall be placed or remain over
the subsoil.
(3)
The area shall be graded and seeded or planted to prevent erosion
and to conceal the scars of earth removal. Seeding, planting, fertilizing
and watering shall be done to the best professional standards.
(4)
The Board may allow a portion of a specific stage to be reclaimed
at a later specific date for purposes of starting work in an adjacent
stage or for purposes of interior roadways if seasonal or weather
factors make immediate revegetation impractical; however, these areas
must be shown on the submitted site plans. The restriction to no more
than five unvegetated acres shall be observed.
[Added 11-17-2008 FYTM, Art. 18]
A.
To ensure compliance with the conditions of the special permit the
applicant shall be required to post a cash deposit or surety bond,
in a form acceptable to the Town Treasurer, in an amount sufficient
to meet 115% of the estimated cost of the required reclamation work.
The Treasurer shall not accept the deposit or the bond until the amount
of the estimate has been approved by the Town of Brewster's Department
of Public Works. Within six months of the completion of the operation,
or following the expiration or withdrawal of the special permit, and
considering season and/or weather conditions, the land shall be reclaimed
in accordance with the conditions of the special permit. Failure to
comply with this section and the conditions of the special permit
shall result in forfeiture of the security to the Town of Brewster.
Said deposit or bond shall not be released until all conditions of
the special permit and ground cover vegetation is established in the
sole opinion of the Board.
B.
The holder of the special permit shall not allow motor cross, motorcycles
or all-terrain vehicles or other recreational types of motorized vehicles
to operate on the premises. The Planning Board may require additional
restrictions if this activity occurs.
[Added 11-17-2008 FYTM, Art. 18]
Any special permit issued may only be renewed thereafter with
a public hearing legally advertised in accordance with MGL c. 40A,
§ 9; however, applications for renewal must be made 120
days or more before expiration of the current valid special permit.
Renewal, if granted, shall date from the day the current special permit.
Renewal shall not be granted if work and restoration under the current
special permit fails any of the conditions imposed by the Board in
the originally issued special permit. Renewal may be denied if the
applicant has a history of violations.
A.
All resulting cinders, dust, flashing, fumes, gases,
odors, refuse matter, smoke, vapor, electromagnetic transmission or
radioactive emission shall be completely and effectively confined
within the building or so regulated as to prevent any nuisance or
hazard to the public health or safety.
B.
The proposed use shall not emit any smoke of a shade
darker than No. 2 of the Ringelmann Smoke Chart as published by the
United States Bureau of Mines; no air particle concentration shall
exceed 0.3 grains per cubic foot.
C.
All inflammable or radioactive materials shall be
stored underground; the discharge of wastes shall be into a public
sewer or a private on-lot system subject to the written approval of
the Massachusetts Department of Environmental Quality Engineering.
D.
Vibration shall not exceed the safe range of Table
7, United States Bureau of Mines, Bulletin No. 442; there shall be
no unusual or objectionable odor; and no direct or sky-reflected glare
shall be permitted.
E.
All materials shall be stored within a completely
enclosed building or within an outside area completely enclosed by
a fence and gates of suitable material and height to provide sufficient
screening.
[Amended 11-15-2010 FYTM, Art. 10]
F.
No retail sales will be permitted to the public from
manufacturing units in the Industrial Zone, except for those products
manufactured or processed in these units.
[Added 12-8-1980 STM, Art. 20]
[Added 5-5-1997 ATM, Art. 77; amended 5-6-2003 ATM, Art. 25]
A.
Purpose and intent. It is the express purpose of this
section to minimize the visual and environmental impacts of personal
wireless services and communication facilities, hereinafter referred
to as "PWSCFs," to further the conservation and preservation of developed,
natural, and undeveloped areas, wildlife, flora, and habitats for
endangered species; the preservation of coastal resources; protection
of the natural resources of the Town; balanced economic growth; the
provision of adequate capital facilities; the coordination of the
provision of adequate capital facilities with the achievement of other
goals; and the preservation of historical, cultural, archaeological,
architectural and recreational values.
B.
Consistency with federal law. This section is intended
to be consistent with state and federal law and, in particular, the
Telecommunications Act of 1996, 47 U.S.C.A. §§ 151
et seq., in that:
(1)
They do not prohibit or have the effect of prohibiting
the provision of PWSCF services;
(2)
They are not intended to be used to unreasonably
discriminate among providers of functionally equivalent services;
and
(3)
They do not regulate wireless telecommunications
services on the basis of the environmental effects of radio frequency
emissions to the extent that the regulated services and facilities
comply with the FCC's regulations concerning such emissions. [47 U.S.C.
§ 332(c)(7)(B)].
C.
ACT
ADEQUATE CAPACITY
ADEQUATE COVERAGE
COLLOCATION
COMMUNICATIONS FACILITY
EQUIPMENT SHELTER
FALL ZONE
FEDERAL COMMUNICATION COMMISSION (FCC)
LICENSED CARRIER
PERSONAL WIRELESS SERVICES
PERSONAL WIRELESS SERVICES FACILITY
REPEATER
SITE, PWSCF
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
TOWER
(1)
(2)
(3)
Definitions and word usage. As used in this section, the following terms shall have the meanings indicated below. The word "shall" or "will" indicates mandatory requirements. Terms and words not defined herein but defined in the Brewster Town Code, Chapter 179, Zoning, or in the Commonwealth of Massachusetts State Building Code shall have the meanings given therein unless a contrary intention clearly appears. Words not defined in either place shall have the meanings given in the then most current edition of the Webster's Unabridged Dictionary.
The Telecommunications Act of 1996, 47 U.S.C.A. §§ 151
et seq.
Capacity is considered to be "adequate" if the grade of service
is p.05 or better for at least 50% of the days in a preceding month,
prior to the date of application, as measured using direct traffic
measurement of the telecommunications facility in question, where
the call blocking is due to frequency contention at the antenna(s).
For traditional cellular service or PCS service, coverage
is considered to be "adequate" within those areas surrounding a base
station where the predicted or measured median field strength of the
transmitted signal is greater than -90dBm. It is acceptable for there
to be holes within the area of adequate coverage where the signal
is less than -90dBm, as long as the signal regains its strength to
greater than -90dBm further away from the base station. For the limited
purpose of determining whether the use of a repeater is necessary
or desirable, there shall be deemed not to be adequate coverage within
said holes. The outer boundary of the area of adequate coverage, however,
is that location past which the signal does not regain strength of
greater than -90dBm. For services other than traditional cellular
or PCS service, the SPGA will determine what is adequate coverage
from time to time based on the evidence presented, which may include
but shall not be limited to then-current industry standards and government
standards or materials.
The use of a single mount on the ground by more than one
carrier (vertical collocation) and/or several mounts on an existing
building or structure by more than one carrier.
Any facility which supports or contains communications equipment,
antenna, wiring or equipment for the purpose of broadcasting or receiving
radio frequency waves and/or generating or detecting electromagnetic
radiation, including but not limited to buildings, microwave transmitting
and/or receiving antennas, microwave reflectors, broadcasting antennas
and cable television antennas. Structures supporting equipment transmitting
only visible light or used to support the equipment of a federally
licensed amateur radio operator are excluded from this definition.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
The area on the ground within a prescribed radius from the
base of PWSCF. The fall zone is the area within which there is a potential
hazard from falling debris (such as ice) or collapsing material and,
in the case of towers, shall not be less than a radius equal in distance
to the height of the tower.
The government agency responsible for regulating telecommunications
in the United States.
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
The three types of services defined by the FCC in the Act
as personal wireless services:
Any facility used or to be used for the provision of personal
wireless services, including, but not limited to, buildings, antennas,
telecommunications equipment, communications towers, monopoles or
other support structures, constructed, installed or operated, or to
be constructed, installed or operated, for the purpose of providing
personal wireless services.
A low-power receiver/relay transmitter generally of less
than 20 watts' output designed to provide service to areas which are
not able to receive adequate coverage directly from a base station.
The land that is, or will be, temporarily or permanently
altered during the construction and use of any PWSCF, including the
fall zone. The applicant shall offer proof of ownership of the tower
site or control of said site via an existing, lawful easement, lease,
license or land use agreement.
The Brewster Planning Board shall be the special permit granting
authority for purposes of this section.
A support structure proposed to support PWSCF antenna(s)
and associated equipment, including but not limited to the following:
MONOPOLE TOWERThe type of mount that is self-supporting with a single shaft of wood, steel, fiberglass, or concrete, and a platform (or racks) for panel antennas arrayed at the top.
GUYED TOWERA monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
LATTICE TOWERA type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
D.
Personal Wireless Services and Communications Facilities
Overlay District. There is hereby established a Personal Wireless
Services and Communications Facilities Overlay District within the
Town of Brewster. This district consists of the following parcels
of property shown on the Personal Wireless Services and Communications
Facilities Overlay District Zoning Map on file with the Brewster Building
Department, the Brewster Planning Department and the Brewster Town
Clerk.
[Amended 11-17-2003 FYTM, Art. 23]
(1)
Map 44, Parcels: 8, 9, 10, 13, 15, 16, 17, 18,
18-1, 19, 19-1, 19-2, 19-3, 21, 22-1, 22-2, 23, 24, 25, 27, 28, 29,
30, 30-1, 33, 34, 34-1, 34-2, 35, 37.
(2)
Map 45, Parcels: 1, 2, 3, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22-23, 22-24, 23, 24-21, 24-22,
24-28, 25, 26, 27, 28, 30, 31, 32, 32-1, 33, 33-1, 34, 35-1, 35-2,
36, 37, 39, 39-1, 40, 41, 42, 43, 44, 45, 45-1, 46, 58-1, 59, 66,
67, 68, 69, 70-1, 70-2, 71, 72, 76, 77, 78, 79, 80-1, 80-2.
(3)
Map 46, Parcels: 1, 2, 3, 4, 5, 6, 9, 12-1,
12-2, 12-3, 14-1, 14-2, 31, 32, 33, 34, 34-1, 35, 39, 40, 41, 41-2,
55, 56, 57, 58, 81.
(4)
Map 47, Parcels: 24, 25, 26, 27, 28, 29, 32-1,
32-2, 32-3, 33, 35, 36, 37, 38, 42, 43, 46, 47, 48, 50, 51, 52, 58,
64, 90, 91.
(5)
Map 52, Parcels: 1, 2-1, 2-2, 3, 6, 17, 18,
24, 26, 27, 29, 30-1, 30-2, 70, 94.
(6)
Map 53, Parcels: 3, 6-1, 6-4, 6-6.
(7)
The Industrial (I) District: All parcels located
within said District within the Town of Brewster.
(8)
The Municipal Refuse District (MRD): All parcels
located within said District within the Town of Brewster.
(9)
All Town-owned properties: All parcels currently
owned by the Town of Brewster, and any future property acquisitions,
provided there are no legal restrictions or restrictions on the title
to prevent or prohibit such development.
E.
Use, siting and dimensional regulations.
(1)
Use regulations. All PWSCFs shall require a
building permit and in all cases may be permitted only as follows:
(a)
All PWSCFs under 35 feet in height shall be
allowed as a matter of right in all districts.
(b)
Municipal PWSCFs are exempt from this section.
(c)
Any proposed PWSCF towers and ground-mounted PWSCFs in excess of 35 feet in height shall only be allowed in the Personal Wireless Services and Communication Facilities Overlay District, as identified in § 179-40.1D, and only upon:
[1]
Referral to the Cape Cod Commission for mandatory
review;
[2]
Prefiling review under staff review in accordance with § 179-40.1F(2) hereunder;
[Amended 5-2-2011 ATM, Art. 32]
[4]
Application and issuance of a building permit
from the Building Commissioner;
[5]
Proof of ownership of or control over the PWSCF
site via an existing, lawful easement, lease, license or land use
agreement; and
[6]
Any other required local, state and federal
approvals.
(d)
PWSCFs may collocate on any existing structure,
including buildings, guyed tower, lattice tower, monopole tower, electric
utility transmission tower, fire tower or water tower located in any
zoning district, and only upon:
[1]
Prefiling review and approval under staff review in accordance with § 179-40.1F(2) hereunder;
[Amended 5-2-2011 ATM, Art. 32]
[3]
Application and issuance of a building permit
from the Building Commissioner;
[4]
Proof of ownership of or control over the tower
site via an existing, lawful easement, lease, license or land use
agreement; and
[5]
Any other required local, state and federal
approvals.
(e)
Teleports, as defined in this article, are allowed
only within the Industrial (I) District, as located within the PWSCF
Overlay District, Town of Brewster.
(2)
Siting regulations.
(a)
PWSCFs shall be located on preexisting structures,
including but not limited to buildings, existing guyed towers, lattice
towers, monopole towers, utility transmission towers, fire towers,
water towers and related facilities, unless the applicant demonstrates
that there are no feasible preexisting structures. In particular,
applicants are urged to consider use of existing telephone and electric
utility structures as sites for one or more PWSCFs. Such installations
shall preserve the character and integrity of those preexisting structures.
(b)
New facilities or structures shall be considered
only upon a finding by the SPGA that existing or approved facilities
or structures cannot accommodate the PWSCF proposed. The applicant
shall have the burden of proving there are no feasible existing structures
upon which to locate.
(c)
If the applicant demonstrates that it is not
feasible to locate on an existing structure, PWSCFs shall be designed
so as to be camouflaged to the greatest extent possible and in accordance
with any design standards regulations promulgated hereunder by the
Planning Board.
(d)
PWSCFs shall be located so as to provide adequate
coverage and adequate capacity with the least number of PWSCFs which
is technically and economically feasible.
(e)
The use of repeater(s) to assure adequate coverage,
or to fill holes within areas of otherwise adequate coverage, shall
be encouraged.
(f)
To the extent lawful and feasible, all service
providers shall collocate on a single tower. Towers shall be designed
to structurally accommodate the maximum number of foreseeable users
(within a ten-year period) technically practicable. The applicant
is required to document all collocation tenants and provide a tower
design indicating types and locations of all facilities.
(3)
Dimensional requirements. Except as otherwise
provided herein or in any subsequent regulations passed by the Planning
Board, the height of PWSCFs shall be as follows:
(a)
Height: new PWSCF towers. PWSCF Towers may be allowed by special permit from the SPGA in the Personal Wireless Services and Communication Facilities Overlay District, as identified in § 179-40.1D, and may be constructed to a height of up to 200 feet AGL, provided such towers are designed to accommodate a minimum of six licensed carriers; up to 150 feet AGL if proposed to accommodate a minimum of four licensed carriers; up to 135 feet AGL if proposed to accommodate a minimum of three licensed carriers; up to 120 feet AGL if proposed to accommodate a minimum of two licensed carriers; and up to 105 feet above natural ground elevation if proposed to accommodate a minimum of one licensed carrier. Monopoles are the preferred type of mount for such structures. Such structures shall comply with all applicable siting and dimensional requirements set forth in § 179-40.1E(2) and (3) and all applicable performance standards regulations set forth in any regulations promulgated by the Planning Board.
(b)
Height: ground-mounted facilities. Proposed ground-mounted PWSCFs may be allowed by special permit from the SPGA in the Personal Wireless Services and Communication Facilities Overlay District, as identified in § 179-40.1D, provided they shall not project higher than 10 feet above the average building height within 300 feet or, if there are no buildings within 300 feet, ground-mounted PWSCFs shall not project higher than 10 feet above the average tree canopy height, measured from ground level. If there are no buildings within 300 feet of the proposed site of the PWSCF, all ground-mounted PWSCFs shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site.
(c)
Height: side- and roof-mounted facilities. Side-
and roof-mounted PWSCFs shall not project more than 10 feet above
the height of an existing building nor project more than 10 feet above
the height limit of the zoning district in which the PWSCF is located.
PWSCFs may locate on the side or roof of a building that is legally
nonconforming with respect to height, provided that the PWSCF does
not project above the existing building height.
(d)
Height: facilities proposed to be mounted on
existing structures. New antennas for PWSCFs to be located on any
of the following structures existing on the effective date of this
section shall be exempt from the height restrictions of this section,
provided there is no increase in height of the existing structure
as a result of the installation of the PWSCF:
(e)
Height: facilities proposed to be mounted on
existing utility structures. New antennas located on any of the following
existing structures as of the effective date of this section shall
be exempt from the height restrictions of this section, provided there
is no more than a twenty-foot increase in the height of the existing
structure as a result of the installation of the PWSCF, and further
provided that no such structure shall be permitted to exceed 200 feet
in total height above ground elevation:
(4)
Setbacks. All PWSCF and their equipment shelters
shall comply with the building setback provisions of the underlying
zoning district in which the facility is located. In addition, the
following setbacks shall be observed:
(a)
The layout of any tower site shall be such that,
in the event the tower shall fall, it shall fall within the confines
of the tower site.
(b)
To ensure public safety, the minimum distance
from the perimeter of the PWSCF, including any guy wire, anchor or
brace to any property line, road or structure, business or institutional
use, or public recreational area shall be the height of the PWSCF,
including any antennas or appurtenances, plus 50 feet.
(c)
Towers and monopoles shall provide a minimum
setback equal to the height of the structure plus 100 feet from any
residential zoning district.
(d)
In the event that an existing structure is proposed
as a mount for a PWSCF, a fall zone shall not be required, but the
setback provisions of the underlying zoning district shall apply.
F.
Application procedures.
(1)
Special permit granting authority (SPGA).
(a)
The special permit granting authority for PWSCFs
shall be the Brewster Planning Board.
(b)
The SPGA shall not approve any application that
does not comply with all the requirements of this section. The Board
does, however, have the right to waive any part of this section without
the requirement of a variance, when it makes a specific finding that
such a waiver would not be detrimental to the public interest, cause
the Town any expense, or be inconsistent with the intent and purpose
of this section.
(c)
The SPGA shall act in accordance with the standards
and requirements set forth herein and in accordance with the Massachusetts
General Laws.
(d)
The SPGA shall open the public hearing on the
application within 65 days of the filing of an application for special
permit and shall issue a decision within 90 days following the date
of the close of the public hearing.
(2)
Preapplication staff review meeting. Prior to
filing a special permit application with the SPGA, and after mandatory
review by the Cape Cod Commission, if required, the applicant shall
request a meeting for staff review for purposes of discussing the
proposed PWSCF in general terms and reviewing the relevant local approvals
required. Staff review shall take place with the applicant under this
section within 30 days following a written request submitted to the
Town Planner, or a designee. If the staff review meeting fails to
take place on a project within said thirty-day period, the applicant
may proceed with a special permit application under this section without
need for a preapplication meeting. The applicant shall prepare sufficient
preliminary architectural and engineering drawings to inform staff
of the location of the proposed facility, as well as its scale and
overall design. Staff shall issue a statement containing any written
recommendations or proposed alterations it recommends be made to the
proposal to better conform to the provisions of any Town bylaw and
which better serve the public interest. A written copy of the staff
review statement must be included in the application to the SPGA.
[Amended 5-2-2011 ATM, Art. 32]
G.
Approval criteria; required findings and denials.
(1)
Approval criteria. In reviewing all applications for special permits, the SPGA shall utilize as approval criteria all applicable use, siting, dimensional, and setback requirements set forth in § 179-40.1E, and any applicable regulations promulgated by the Planning Board pursuant to § 179-40.1J herein.
(2)
Required findings for issuance of special permit.
The SPGA shall make the following applicable findings, with appropriate
reasoning, in writing, prior to the granting of any special permit:
(a)
The applicant is not already providing adequate
coverage and/or adequate capacity to the Town of Brewster; and
(b)
The applicant is not able to use or modify for
use any existing structure or PWSCF located within or outside the
Town, either with or without the use of repeaters, to provide adequate
coverage and/or adequate capacity to the Town of Brewster; and
(c)
The applicant has endeavored to provide adequate
coverage and adequate capacity to the Town of Brewster within the
least number of PWSCFs which is technically and economically feasible;
and
(d)
The applicant has agreed to rent or lease any
available space on the proposed PWSCF tower, under the terms of a
fair-market lease, with reasonable conditions and without discrimination
to other licensed providers; and
(e)
The proposed PWSCF will not have an undue adverse
impact on historic resources, seethe views, natural resources, and/or
residential property values; and
(f)
The applicant has agreed to implement all reasonable
measures to mitigate the potential adverse safety, environmental,
and aesthetic impacts of the PWSCF; and
(g)
The proposed PWSCF shall comply with current
FCC standards regarding emissions of electromagnetic radiation; and
(h)
The applicant has agreed to any maintenance
and monitoring requirements set forth in any regulations promulgated
by the Planning Board; and
(i)
The proposed PWSCF shall be camouflaged and
screened to the greatest extent possible to minimize adverse visual
impacts; and
(3)
Denials.
(a)
The SPGA may deny a special permit if it finds:
[1]
That adequate coverage for the Town of Brewster
can be provided by any existing or proposed PWSCF located within or
outside the Town of Brewster, with or without the use of repeaters,
or can reasonably be provided by modification or adjustments to said
sites; or
[2]
That the Town of Brewster already has adequate
coverage from this provider; or
[3]
That the applicant failed to meet any application
filing requirements set forth in regulations promulgated by the Planning
Board; or
(b)
Any decision by the SPGA to deny an application
for special permit under this section shall be in conformance with
Section 332 of the Act [47 U.S.c. § 332(c)(7)(B)(iii)] in
that it shall he in writing and supported by substantial evidence
contained in the record.
H.
Terms of special permit.
(1)
Pursuant to the provisions of Massachusetts
General Laws, Chapter 40A, Section 9, a special permit shall lapse
24 months following the issuance thereof if construction of, or a
substantial use of, the PWSCF has not sooner commenced (excluding
such time required to pursue or await the determination of an appeal
taken under General Laws, Chapter 40A, Section 17).
(2)
A special permit issued for any PWSCF over 35
feet in height shall be valid for 15 years, unless previously abandoned
or discontinued.
(3)
At the end of that time period, the PWSCF shall
be removed by the carrier or a new special permit shall be required.
(4)
Any permit issued by the SPGA for a PWSCF shall
be valid for the applicant only; it may not be reassigned, leased
or sold.
I.
Severability. The provisions of this section are severable
from each other, and the invalidity of any provisions or sections
shall not invalidate any other provision or section thereof.
J.
Amendments. This section may be amended from time
to time in accordance with Section 5 of Chapter 40A of Massachusetts
General Laws.
K.
Validity. The invalidity, unconstitutionality or illegality
of any provision of this section or any boundary described herein
shall not have any effect upon the validity, constitutionality or
legality of any other provision or boundary.
L.
Rules and regulations. After public notice and public
hearing, the SPGA shall, if it deems necessary, promulgate rules and
regulations to effectuate the purpose of this section, including but
not limited to performance standard regulations relative to design,
environmental, safety, access and utility standards, reconstruction
or replacement of existing towers, and modifications to existing PWSCFs,
and regulations governing monitoring and maintenance, abandonment
and discontinuance of use, and indemnification, insurance and fee
requirements. Public notice shall include publication of all proposed
regulations in a newspaper of general circulation in the Town not
less than 21 days prior to public hearing. Failure by the SPGA to
promulgate such rules and regulations or a legal declaration of their
invalidity by a court of law shall not act to suspend or invalidate
the effect of this section.
[Added 11-5-2007 FYTM, Art. 16]
A.
Purpose and intent. It is the express purpose of this
section to accommodate wind energy turbines (WET) in appropriate locations,
while minimizing any visual, safety and environmental impacts. This
section enables the review of WETs by the Town's Planning Board in
keeping with the Town's existing bylaws. This section is intended
to be used in conjunction with other regulations adopted by the Town,
including historic district regulations, staff review, and local bylaws
designed to encourage appropriate land use, environmental protection,
adequate infrastructure development, and the preservation of historical,
cultural, archaeological, architectural and recreational values. The
scale of the proposed WET will determine the review and permitting
process required by the Town of Brewster.
[Amended 5-2-2011 ATM, Art. 32]
B.
Consistency with federal law. This section is intended
to be consistent with state and federal law and, in particular the
regulations of the Federal Communications Commission and Federal Aviation
Administration.
C.
BLADE
EQUIPMENT SHELTER
FALL ZONE
FEDERAL AERONAUTICAL ADMINISTRATION (FAA)
FEDERAL COMMUNICATIONS COMMISSION (FCC)
HUB
HUB HEIGHT
LARGE-SCALE WIND ENERGY TURBINE (LWET)
MEDIUM-SCALE WIND ENERGY TURBINE (MWET)
NACELLE
ROTOR
ROTOR DIAMETER
SHADOW/FLICKER
SITE, WET
SMALL-SCALE WIND ENERGY TURBINE (SWET)
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
TOTAL HEIGHT
TOWER
(1)
(a)
(b)
(c)
(2)
TOWER HEIGHT
WIND ENERGY TURBINE (WET)
WIND MONITORING OR METEOROLOGICAL (TEST OR MET) TOWERS
Definitions and word usage. As used in this section, the following terms shall have the meanings indicated below. The word "shall" or "will" indicates mandatory requirements. Terms and words not defined herein but defined in the Brewster Town Code, Chapter 179, Zoning, or in the Commonwealth of Massachusetts State Building Code shall have the meanings given therein unless a contrary intention clearly appears. Words not defined in either place shall have the meanings given in the then most current edition of the Webster's Unabridged Dictionary.
Extensions from the hub of a WET which are designed to catch
the wind and turn the rotor to generate electricity.
An enclosed structure, cabinet, shed or box at the base of
the mount, or close to the base of the mount, where batteries, electrical
equipment and other appurtenant nonhazardous components or materials
may be housed.
The area on the ground within a prescribed radius from the
base of a WET. The fall zone is the area within which there is a potential
hazard from falling debris (such as ice) and, in the case of towers,
shall not be less than a radius equal in distance to the total height
of the WET. The area within the fall zone shall be under the legal
care, custody and control of the WET applicant. Applicants who own
contiguous parcels of land that will be included within the fall zone
must file ANR applications to relocate any property lines within the
fall zone.
The governmental agency responsible for regulating airways
in the United States
The government agency responsible for regulating telecommunications
in the United States.
The center of the rotor to which the blades are attached.
The height as measured from the natural grade of the land
below the WET to the center of the hub.
Wind energy system consisting of a wind turbine, a tower,
and associated control or conversion electronics, whose total height
is more than 130 feet above natural grade. LWETs shall have a rated
capacity of more than 60 KW and be intended primarily to produce energy
for sale to the grid, for consumption off-site.
Wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, whose total
height is between 75 feet and 130 feet above natural grade. MWETs
shall have a rated capacity in excess of 60 KW, be intended primarily
to produce energy for on-site power consumption and reduce the need
to purchase utility power from the grid, and have the ability to sell
power back to the grid.
The frame and housing at the top of the tower which protects
the gear box and generator from weather and helps control the mechanical
noise level.
A WET's blades and the hub to which they are attached.
The diameter of a WET's rotor measured as twice the length
of the largest blade (or equal to the diameter of the swept area).
Shadows cast from WETs which generally occur in close proximity
to the WET, although this will vary depending on the time of year,
latitude and turbine height. Flicker effects can occur when the sun
shines through the rotor blades at certain times of day and results
in the temporary blocking of the suns rays with each pass of a rotor
blade.
The land that is, or will be, temporarily or permanently
altered during the construction and use of any WET, including the
fall zone. The applicant shall offer proof of ownership of the site
or control of said site via an existing, lawful easement, lease, license
or land use agreement.
Wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, whose total
height is between zero and 75 feet above natural grade. SWETs shall
have a rated capacity of not more that 60 KW, be intended primarily
to produce energy for on-site power consumption and reduce the need
to purchase utility power from the grid, and have the ability to sell
power back to the grid.
The Brewster Planning Board shall be the special permit granting
authority for purposes of this section.
Combined height as measured from the natural grade at the
base of the tower to the tip of the rotor blade when extended vertically
90° from the horizontal plane of the ground.
A structure supporting WET generators and associated
equipment, including but not limited to the following:
Monopole tower. The type of mount that is self-supporting
with a single shaft of wood, steel, fiberglass, or concrete, and a
platform (or racks) for nacelle and blades arrayed at the top.
Guyed tower. A monopole or lattice tower that
is tied to the ground and supported by diagonal cables attached to
concrete and steel anchors embedded in the ground.
Lattice tower. A self-supporting mount constructed
of structural steel with multiple legs and cross bracing of structural
steel.
Guyed and lattice towers may be utilized for
SWET and MWET installations. Only monopole towers shall be utilized
with LWET installations.
The height as measured from the natural grade of the land
below the WET to the top of the tower.
Any structure or facility used for the converting of wind
energy to electric power, including, but not limited to, towers, blades,
motors, transmission wires, buildings, monopoles or other support
structures, constructed, installed or operated, or to be constructed,
installed or operated.
Towers which support mechanical devices such as anemometers
and their support structures which elevate them to the height desired
above the natural grade to measure wind speed, variability and direction
in order to determine wind-to-electrical-energy conversion capabilities
at a specific site. Such towers shall not exceed 175 feet in total
height and shall carry aircraft warning lights. The owners shall file
FAA Form 7460 and receive FAA approval before erecting an MET tower,
and shall remove the MET tower after 18 months restoring the site
to its original condition.
D.
Use, site and dimensional regulations.
(1)
Use regulations. All WET or MET towers shall
require a building permit and may be permitted as follows:
(a)
MET towers. MET towers shall be permitted in
all zone districts subject to the issuance of a special permit and
a building permit. Provided these towers are only used to measure
the wind regime at a site, a building permit may be issued for the
construction of a tower subject to the following conditions:
[1]
The tower shall be removed after a period of
18 months;
[2]
The site shall be restored to its original condition
following removal of the tower;
[3]
The tower shall not be erected until the applicants
file FAA Form 7460;
[4]
The tower shall have a fall zone and conform
to setback requirements; and
[5]
The tower shall carry aircraft warning lights
and shall be painted with alternating red and white sections.
(b)
WET facilities. The permitting process for WET facilities shall be dictated by the size and scale of the proposal. SWETs of less than 75 feet total height may be permitted in any district, provided they meet all the building code requirements. MWETs of 75 to 130 feet in total height shall only be permitted by special permit. LWETs of greater than 130 feet in total height shall require a special permit and shall only be erected on land located within the districts described in Subsection H.
(2)
Site control. The applicant seeking to install
a WET facility or a MET tower shall submit documentation of his legal
right to use the proposed site when applying for a special permit.
Documentation should include proof of control over the setback and
clear areas required by this section.
(3)
Setback.
(a)
All WET facilities and their associated equipment
shall comply with the building setback provisions of the zoning district
in which the facility is located.
(b)
In reviewing a special permit application for
a WET facility, the SPGA may reduce the required setback for accessory
buildings/structures if the applicant can produce sufficient evidence
to the SPGA that no potential exists for damage or damage claims from
any other party.
(c)
The following setbacks shall be observed for
LWET facilities:
[1]
In order to ensure public safety, the minimum
distance from the base of any tower to any property line, road (except
for roads used exclusively for servicing the LWET), habitable dwelling,
business, institution, or public recreational area shall be equal
to the fall zone.
[2]
The fall zone for LWET facilities must be kept
free of all habitable structures during the operational life of the
facility. Fall zone areas shall be measured from the base of the tower.
E.
Small-scale wind energy turbines (SWET).
(1)
The Building Commissioner is hereby established
as the permit granting authority for SWET facilities. A permit may
be issued for the erection of a SWET in any designated district or
in connection with any permitted use in a designated commercial or
residential district, provided that the below conditions are met.
(2)
Stand-alone SWETs may not be placed on lots
of less than 40,000 square feet: however, a SWET which will be attached
to an existing structure and will not exceed the building height restriction
in the zoning district in which it will be located, may be located
on a lot smaller than 40,000 square feet at the discretion of the
Building Commissioner.
(3)
No portion of a SWET shall be located within
a wetland area.
(4)
Total height of a SWET shall be limited to less
than 75 feet from natural grade to top of extended rotor blade.
(5)
All portions of a SWET support structure must
meet the setback requirements for the zone where the land is located.
A SWET must be setback from all habitable structures on abutting properties
by an area equal to or exceeding the distance of the fall zone. Said
setback shall not be required when the abutting owner(s) grants an
easement to the applicant. In a case where the applicant is also the
owner of the abutting property, refer to definition of "fall zone"
and requirements to expunge lot lines.
(7)
Climbing access to the tower structure shall
be limited by a) placing fixed climbing apparatus no lower than 10
feet from the ground, and b) placing a six-foot fence or shielding
around the SWET.
(8)
Building permit applications for SWET shall
be accompanied by standard drawings of all structures, including the
tower, base, footing, guy wires, guy anchors, and any additional equipment
or housings. Also included shall be a line drawing of the electrical
components in sufficient detail to allow for a determination that
the manner of installation conforms to all federal, state and local
codes.
(9)
No SWET shall be installed until evidence has
been supplied to the Town that the utility company has approved the
applicant's proposal to install an interconnected customer-owned generator.
Off-grid systems shall be exempt from this utility certification.
F.
Medium-scale wind energy turbine (MWET).
G.
Large-Scale Wind Energy Turbine (LWET).
(1)
The construction of a LWET may only be permitted in the Large-Scale Wind Energy Conversion Turbine Overlay District, subject to issuance of a special permit pursuant to § 179-51. The proposed LWET must comply with all the requirements of this section, the Zoning Bylaws, and the wind energy conversion turbine special permit regulations adopted by the Brewster Planning Board.
H.
Large-Scale Wind Energy Turbine Overlay District.
There is hereby established a Large-Scale Wind Energy Turbine Overlay
District within the Town of Brewster. This district consists of the
following parcels of property shown on the Large-Scale Wind Energy
Turbine Overlay District Zoning Map on file with the Brewster Building
Department, the Brewster Planning Department and the Brewster Town
Clerk.
(1)
Map 44, Parcels: 8, 9, 10, 13, 15, 16, 17, 18,
18-1, 19, 19-1, 19-2, 19-3, 21, 22-1, 22-2, 23, 24, 25, 27, 28, 29,
30, 30-1, 33, 34, 34-1, 34-2, 35, 37.
(2)
Map 45, Parcels: 1, 2, 3, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22-23, 22-24, 23, 24-21, 24-22,
24-28, 25, 26, 27, 28, 30, 31, 32, 32-1, 33, 33-1, 34, 35-1, 35-2,
37, 39, 39-1, 40, 41, 42, 43, 44, 45, 45-1, 46, 58-1, 59, 66, 67,
68, 69, 70-1, 70-2, 71, 72, 76, 77, 78, 79, 80-1, 80-2.32, 33, 34,
34-1, 35, 39, 40, 41, 41-2, 55, 56, 57, 58, 81.
(3)
Map 46, Parcels: 1, 2, 3, 4, 5, 6, 9, 12-1,
12-2, 12-3, 14-1, 14-2, 31, 32, 33, 34, 34-1, 35, 39, 40, 41, 41-2,
55, 56, 57, 58, 81.
(4)
Map 47, Parcels: 24, 25, 26, 27, 28, 29, 32-1,
32-2, 32-3, 33, 35, 36, 37, 38, 42, 43, 46, 47, 48, 50, 51, 52, 58,
64, 90, 91.
(5)
Map 52, Parcels: 1, 2-1, 2-2, 3, 6, 17, 18,
24, 26, 27, 29, 30-1, 30-2, 70, 94.
(6)
Map 53, Parcels: 3, 6-1, 6-4, 6-6.
(7)
The Industrial (I) District: All parcels located
within said District within the Town of Brewster.
(8)
The Municipal Refuse District (MRD): All parcels
located within said district within the Town of Brewster.
(9)
All Town-owned properties: All parcels currently
owned by the Town of Brewster, and any future property acquisitions,
provided there are no legal restrictions or restrictions on the title
to prevent or prohibit such development.
I.
Special permit application procedures for medium-
and large-scale wind energy turbines.
(1)
Special permit granting authority (SPGA).
(a)
The SPGA shall not approve any application that
does not comply with all the requirements of this section and the
special permit regulations for wind energy conversion turbines adopted
by the Brewster Planning Board. The Board does, however, have the
right to waive any part of this section without the requirement of
a variance, when it makes a specific finding that such a waiver would
not be detrimental to the public interest, cause the Town any expense,
or be inconsistent with the intent and purpose of this section.
(b)
The SPGA shall act in accordance with the standards
and requirements set forth herein and in accordance with the Massachusetts
General Laws.
(c)
The SPGA shall open the public hearing on the
application within 65 days of the filing of an application for a special
permit and shall issue a decision within 90 days following the date
of the close of the public hearing.
(2)
Preapplication staff review meeting. Prior to
filing a special permit application with the SPGA, and after review
by the Cape Cod Commission, if required, the applicant shall request
a meeting for staff review for purposes of discussing the proposed
WET in general terms and reviewing the relevant local approvals required.
Staff review shall take place with the applicant under this section
within 30 days following a written request submitted to the Town Planner
or a designee. If the staff review meeting fails to take place on
a project within said thirty-day period, the applicant may proceed
with a special permit application under this section without need
for a preapplication meeting. The applicant shall prepare sufficient
preliminary architectural and engineering drawings to inform staff
of the location of the proposed facility, as well as its scale and
overall design. Staff shall issue a statement containing any written
recommendations or proposed alterations it recommends be made to the
proposal to better conform to the provisions of any Town bylaw or
to better serve the public interest. A written copy of the staff review
statement must be included in the application to the SPGA.
[Amended 5-2-2011 ATM, Art. 32]
J.
Approval criteria; required findings and denials.
(1)
Approval criteria. In reviewing all applications for special permits, the SPGA shall utilize as approval criteria all applicable use, siting, dimensional, and setback requirements set forth in § 179-51 and any applicable regulations promulgated by the SPGA pursuant to this section.
(2)
Required findings for issuance of special permit.
The SPGA shall make the following applicable findings, with appropriate
reasoning, in writing, prior to the granting of any special permit:
(a)
The proposed WET will not have an undue adverse
impact on historic resources, scenic views, natural resources, and/or
residential property values;
(b)
The applicant has agreed to implement all reasonable
measures to mitigate the potential adverse safety, environmental,
and aesthetic impacts of the WET;
(c)
The proposed WET shall comply with current FCC
and FAA standards regarding flight and air navigation hazard identification
and prevention;
(d)
The applicant has agreed to any maintenance
and monitoring requirements set forth in any regulations promulgated
by the SPGA;
(e)
The proposed WET shall be sited or camouflaged
or screened to the greatest extent possible to minimize adverse visual
impacts; and
(3)
Denials.
(a)
The SPGA may deny a special permit if it finds:
[1]
That the applicant failed to meet any application
or filing requirements set forth in regulations promulgated by the
SPGA; or
[2]
That the application fails to meet applicable
use, siting, dimensional, and setback requirements set forth in this
section, or any applicable regulations promulgated by the SPGA pursuant
to this section.
(b)
Any decision by the SPGA to deny an application
for special permit under this section shall be in conformance with
MGL c. 40A.
K.
Terms of special permits.
(1)
A special permit shall lapse 24 months following
the issuance thereof if construction of or substantial use of the
WET has not commenced (excluding any appeal periods).
(2)
A special permit issued for any MWET shall be
valid for 15 years, unless previously abandoned or discontinued. A
special permit issued for any LWET shall be valid for 25 years, unless
previously abandoned or discontinued.
[Amended 5-3-2010 ATM, Art. 29]
(3)
At the end of the initial time period, the MWET
or LWET shall be removed or a new special permit shall be required.
Any special permit extension beyond the original fifteen-year term
for a MWET or the original twenty-five year term for a LWET shall
terminate within 10 years or upon the manufacturer’s estimated
useful life for the model and type of said WET or WET component equipment.
A special permit may be extended for up to a maximum of 10 years,
provided the applicant provides an inspection and certification by
a licensed structural engineer.
[Amended 5-3-2010 ATM, Art. 29]
(4)
Any permit issued by the SPGA for an MWET or
LWET shall only be valid for the applicant or the applicant’s
financier pursuant to a step-in or default provision; it may not be
otherwise assigned, leased or sold.
[Amended 5-3-2010 ATM, Art. 29]
L.
Severability. The provisions of this section are severable
from each other, and the invalidity of any provisions or sections
shall not invalidate any other provision or section thereof.
M.
Amendments. This section may be amended from time
to time in accordance with Section 5 of Chapter 40A of Massachusetts
General Laws.
N.
Validity. The invalidity, unconstitutionality or illegality
of any provision of this section or any boundary described herein
shall not have any effect upon the validity, constitutionality or
legality of any other provision or boundary.
O.
Rules and regulations. After public notice and public
hearing, the SPGA shall, if it deems necessary, promulgate rules and
regulations to effectuate the purpose of this section. Public notice
shall include publication of all proposed regulations in a newspaper
of general circulation in the Town not less than 21 days prior to
public hearing. Failure by the SPGA to promulgate such rules and regulations
or a legal declaration of their invalidity by a court of law shall
not act to suspend or invalidate the effect of this section.
Any use permitted by right or special permit
in any district shall not be conducted in a manner as to emit any
dangerous, noxious, injurious or otherwise objectionable fire, explosion,
radioactive or other hazard; noise or vibration, smoke, dust, odor
or other form of environmental pollution; electrical or other disturbance,
glare, liquid or solid, refuse or wastes; or conditions conducive
to the breeding of insects, rodents or other substance, conditions
or element in an amount as to affect adversely the surrounding environment.
[Added 12-10-1979 STM, Art. 37]
The Planning Board may grant a special permit
for construction and occupancy of subsidized elderly housing in accordance
with the following:
A.
Application.
(1)
Application for a special permit for subsidized elderly housing shall include materials indicating subsidies committed or sought; the proposed form of tenure (rental or condominium); occupant selection system; a schedule indicating, by year, the number of dwelling units and the improvements proposed to be constructed, schematic floor plans, architectural elevations and cross sections as necessary to clarify the proposal; and a site plan indicating the information required at § 179-34, Multifamily dwellings, also indicating existing and proposed topography, areas of existing trees or other vegetation to be retained and wetlands, if any. In addition, it is advisable for the applicant to submit material relating this proposal to the criteria of § 179-42F below.
(2)
Following approval of the special permit and prior to the issuance of a building permit, site plan approval must be granted by the Planning Board. Application for such approval shall, in addition to further detailing all of the above, locate lighting, solid waste facilities and erosion control proposals; and shall include description of methods proposed for securing site improvements in the event that partial occupancy is proposed prior to their completion. Site plan approval shall be granted, provided that the Planning Board determines that the further detailing of the design has been consistent with both the stipulations of the special permit and with the design guidelines of § 179-42E.
B.
Number limitation. The provisions of this section
shall not be used to increase the Town-wide number of subsidized dwelling
units by more than 125 dwelling units in excess of that number which
is consistent with local needs as defined in MGL c. 40B, § 20.
C.
Dimensional requirements. Minimum required lot area, regardless of district, shall be 10 contiguous acres in single or consolidated ownership at the time of application, at least 75% of which must be buildable upland as defined in this chapter. The average density for the entire lot shall not exceed eight dwelling units per acre. Other district area, height and bulk regulations of Article V for the location in question must be complied with.
D.
Multifamily rules. All provisions of § 179-34, Multifamily dwellings, shall apply to such development, except that Subsection A(1) above shall apply not only in C-H District but also in all other districts where subsidized housing is allowed, and except that actions designated for the Board of Appeals shall be taken by the Planning Board.
E.
Design.
(1)
To minimize departure from single-family residential
scale, there shall be no more than four dwelling units served from
a single entrance. No exterior building wall shall extend for more
than 100 feet without a horizontal offset of six or more feet, and
no building shall exceed 200 feet in length. Parking areas shall not
contain more than 24 parking spaces each, with parking areas of 12
or more spaces separated from each other by 50 feet or more.
(2)
To avoid lighting impacts, outdoor lighting fixtures
shall be mounted no higher than 15 feet, oriented and shielded to
avoid glare on adjoining premises and plantings or other screening
used to block headlight glare from drives and parking lots onto adjoining
premises.
(3)
To avoid traffic concern, any egress serving 24 or
more dwelling units shall have at least 250 feet visibility in each
travel direction.
(4)
The design of building form, building location, egress
points, grading and other elements of development shall:
(a)
Protect pedestrian and vehicular safety within
the site and egressing from it.
(b)
Minimize visual intrusion of parking areas as
viewed from public ways or abutting premises.
(c)
Minimize the volume of earth cut and fill.
(d)
Minimize the number of removed trees four inches
in diameter and larger.
(e)
Control soil erosion.
(f)
Avoid more than a 10% increase in peak hour
stormwater flow increase from the site.
(g)
Control headlight glare.
F.
Decision. A special permit for subsidized elderly
housing shall be granted only if the Planning Board determines that
the proposal would have beneficial effects which overbalance any adverse
impacts on the neighborhood or the Town considering the following:
(1)
Municipal costs and revenues.
(2)
Effect on the range of available housing choices.
(3)
Service to current Brewster residents.
(4)
Service to identified housing needs.
(5)
Support for local business activity and jobs.
(6)
Impacts on the natural environment, especially on
ground- and surface water quality and level.
(7)
Impacts on traffic safety and congestion, adequacy
of water service and need for other public services.
(8)
Impacts on the visual environment through preservation
or displacement of visual assets and consistency with existing development
in the area.
[Added 11-18-2002 FYTM, Art. 16; amended 11-5-2007 FYTM, Art.
19]
B.
General conditions.
(1)
Affordable housing units created pursuant to
this section shall be use-restricted for as long as they shall exist
in accordance with any special conditions allowed herein. Said restrictions
and/or conditions shall be noted on the occupancy permit and recorded
at the Barnstable County Registry of Deeds. Proof of such recording
shall be submitted to the Zoning Enforcement Official prior to occupancy.
(2)
Affordable housing units shall only be leased to and/or used by families/individuals meeting one of the categories of qualified persons as defined in § 179-2B, "affordable housing." Affordable housing units' maximum rents shall be governed by the Massachusetts Department of Housing and Community Development regulations, and shall not exceed the maximum rent under the then current guidelines.
(3)
Affordable housing units shall only be occupied
as year-round residential domiciles. Leases for affordable housing
units shall be for a minimum term of 12 months.
(5)
To the extent permitted by law, current employees
of the Town of Brewster and residents of the Town of Brewster shall
receive preference in the selection of tenants for affordable housing
units.
(6)
(Reserved)
(7)
Record title holders of property upon which
an affordable housing unit is situated, or will be situated, shall
be solely responsible for submitting all of the information required
under this section to the Zoning Enforcement Official.
(8)
Failure to comply with any provision contained in § 179-42.1 shall constitute a violation under the Zoning Bylaws and shall be subject to fines and penalties enumerated in § 179-49, except that each day a violation is found to exist shall constitute a separate offense. Any fines rendered as a result of a violation of § 179-42.1 shall be deposited in the Brewster Affordable Housing Fund account for future expenditure towards affordable housing projects and/or programs.
[Added 12-3-2018 FYTM,
Art. 12; amended 11-13-2023 FYTM by Art. 5]
The purposes of this ADU section are to promote the creation
of year-round rental dwelling units in the Town; to increase housing
choice and the diversity of housing types in the Town; and to preserve
the community, especially by facilitating housing that allows seniors,
working people and young adults to remain and live in Brewster; all
while supporting the existing desirable character of Brewster's
residential neighborhoods and districts. Accessory single-family dwelling
units shall be permitted subject to the following standards:
A.
An ADU may be located within, connected to or adjoining a single-family dwelling, or in a detached, accessory residential building to a single-family dwelling, subject to all standards of this section. An ADU shall maintain a separate entrance(s), either directly from the outside or through an entry or shared corridor sufficient to meet the requirements of the State Building Code for safe egress. Also see the "Definitions" section of this chapter, § 179-2.
B.
There shall be no more than one ADU per lot.
C.
An ADU shall have no more than two bedrooms and no more than 1,000
square feet of net floor area.
D.
A minimum of one parking space for the ADU shall be provided in addition
to the parking spaces for the principal dwelling.
E.
A detached, accessory residential building in which an ADU is located
shall not otherwise contain bedrooms not associated with the ADU.
F.
An ADU shall be subject to and comply with all other provisions of
this chapter, as applicable, including without limitation the building
height, coverage and setback requirements for the underlying lot,
either as set out in Table 2, Area Regulations, Table 3, Height and
Bulk Regulations,[1] or as otherwise may be permitted in Article VIII of this chapter. To the extent there is conflict between the provisions in this section and other provisions in this chapter, the provisions in this section shall control.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
G.
There shall be no minimum lot size required to construct and maintain an ADU. However, a special permit, pursuant to the applicable standards in § 179-51 herein, and Table 1, Use Regulations,[2] shall be required from the Planning Board for an ADU on
a lot less than 15,000 square feet.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
H.
Either the principal dwelling or the ADU shall be occupied by the owner of the property on a year-round basis, except for bona fide temporary absences, and the other dwelling unit shall be used for year-round dwelling purposes, leased or occupied for continuous periods of not less than 12 months at a time. Notwithstanding the foregoing, an owner who does not so occupy the property on a year-round basis may apply for a special permit from the Planning Board, pursuant to the applicable standards in § 179-51 herein, to authorize an ADU on the property and the use of whichever dwelling unit(s) said owner does not intend to occupy, either the principal dwelling, the ADU, or both, for year-round dwelling purposes, to be leased or occupied for continuous periods of not less than 12 months at a time. Pursuant to its special permit authority under § 179-51 of this chapter, the Planning Board may consider and require, among other things, safeguards to ensure that privacy to abutting properties is reasonably maintained and that there are appropriate management and facilities in place to serve the dwelling units.
I.
An ADU shall be used and designed consistent with the single-family
residential nature of the underlying property. An ADU shall not be
used as an accommodations-type use, such as a lodging house. There
shall be no subletting, renting of rooms, or boarding of lodgers in
an ADU on a short- term basis, and no short-term rental use shall
be permitted on a lot containing an ADU.
J.
An ADU shall be subject to all applicable state and local laws and
regulations, including without limitation the State Building Code
and related certificate of occupancy requirements; state plumbing,
electrical, and fire codes; Title 5, 310 CMR 15.00, and the State
Sanitary Code, 105 CMR 410.00, and corresponding local Board of Health
regulations; and state and local wetlands laws and regulations.
K.
An ADU shall not be severed in use or ownership from the principal
dwelling to which it is accessory, including but not limited to subjecting
the underlying lot or any portion thereof to the condominium form
of ownership.
L.
The owner of a property with an ADU shall be required to file a written
affidavit with the Building Department certifying compliance with
the standards of this section, including the use and occupancy standards.
The Building Department shall establish, administer, and maintain,
and may amend from time to time, the affidavit process and forms referenced
herein.
M.
The Building Commissioner is authorized to establish an administrative
permitting and/or registration process for ADUs, in addition to other
permits or approvals that might be required, to assist in documenting
ADUs in the Town for informational or zoning compliance purposes.
N.
Without limiting other enforcement remedies or actions available
under this chapter, including fines, the Building Commissioner is
authorized to order that the cooking facilities and supporting utilities
and fixtures within an ADU be removed in order to abate a violation
of this section.
[Added 12-3-2018 FYTM,
Art. 12]
Accessory single-family dwelling units shall be permitted subject
to the following standards:
A.
An ACDU may be located within or adjacent to a commercial building, or in a building on the same lot as a commercial use, subject to the Definitions of § 179-2; the requirements of Table 1, Use Regulations, and Table 2, Area Regulations/Minimum Required Lots; and all standards of this section.
B.
An ACDU may be located in a Commercial High Density or Village Business
District.
C.
An ACDU may be located within a Zone II (Zone of Contribution to
a Public Drinking Water Well), in the watershed of the Herring River,
or the watershed to Pleasant Bay, subject to approval of a Special
Permit by the Zoning Board of Appeals. All ADU's within these areas
shall be required to install advanced nitrogen treatment septic systems,
if deemed necessary.
D.
All construction in connection with an ACDU shall conform to building
setbacks for a commercial building in the Zoning District where it
is located.
E.
The property owner shall be required to file a notarized affidavit
with the Building Department annually, stating that the ACDU will
be, and/or has been, leased for a period of not less than 12 months.
F.
No more than 20 building permits shall be issued for the combined
total of ADUs and ACDUs in a single calendar year.
G.
There shall be no renting of rooms or boarding of lodgers in an ACDU.
H.
An ACDU shall conform to all applicable State and local laws regulating
new construction or new residential use including the State Building
Code and applicable plumbing, electrical, fire, health and conservation
regulations and bylaws. A Certificate of Occupancy shall be required
for any ACDU.
