HomeMy Public PortalAboutPlanning Board Packet 08/23/23Town of Brewster Planning Board
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Planning Board
Amanda Bebrin
Chair
Alexander
Wentworth
Vice Chair
Robert Michaels
Clerk
Charlotte Degen
Madalyn Hillis -
Dineen
Antone Freitas
Elizabeth Taylor
Town Planner
Jonathon Idman
Senior Department
Assistant
Lynn St. Cyr
2198 Main St., Brewster, MA 02631
brewplan@brewster-ma.gov
(508) 896-3701 x1133
PLANNING BOARD MEETING AGENDA
2198 Main Street
August 23, 2023 at 6:30 PM
This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of
the members of the public body will attend the meeting in person and members of the public are welcome to attend in
person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance
with applicable law. Please note that while an option for remote attendance and/or participation is being provided
as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems
interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law.
Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its
representatives, should make plans for in -person vs. virtual attendance accordingly.
Members of the public who wish to access the meeting may do so in the following manner:
Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID: 841 0778 1002. Passcode: 612505.
To request to speak: Press *9 and wait to be recognized.
Zoom Webinar: https: / /us02web.zoom.uslj/84107781002?pwd=VTVSV1ExaUNCL253NmNZV21Gdmo4dz09
Passcode: 612505.
To request to speak: Tap Zoom "Raise Hand", then wait to be recognized.
When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in
the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast
live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov),
or Video recording (tv.brewster-ma.gov).
The Planning Board packet can be found on the Calendar on the Town of Brewster website (www.brewster-ma.gov).
Please note that the Planning Board may take official action, including votes, on any item on this agenda.
1. Ca11 to Order.
2. Declaration of a Quorum.
3. Meeting Participation Statement.
4. Recording Statement. As required by the Open Meeting Law we are informing you
that the Town will be video and audio taping as well as broadcasting this public
meeting. In addition, if anyone else intends to either video or audio tape this
meeting they are required to inform the Chair.
5. Public Announcements and Comment. Members of the public may address the
Planning Board on matters not on the meeting's agenda for a maximum of 3-5
minutes at the Chair's discretion. The Planning Board will not reply to statements
made or answer questions raised during public comment but may add items
presented to a future agenda.
6. Continued review and discussion on the Accessory Dwelling Unit (ADU) provisions
of the zoning bylaw including review and discussion of potential amendments. The
Planning Board may consider and potentially vote to submit draft amendments to
said ADU provisions to the Select Board per Section 5 of the State Zoning Act,
Massachusetts General Laws Chapter 40A.
7. Approval of Meeting Minutes: No meeting minutes available.
8. Committee Reports.
9. For Your Information.
10. Matters Not Reasonably Anticipated by the Chair.
11. Next Meetings: September 13, 2023 and September 27, 2023.
12. Adjournment.
Date Posted:
08/11/23
Date Revised: Received by Town Clerk:
CONTINUED REVIEW AND DISCUSSION ON ADU
PROVISIONS INCLUDING POTENTIAL AMENDMENTS
The following Code does not display images or complicated formatting. Codes should be viewed online. This
tool is only meant for editing.
Article I
General Provisions
§ 179-2 Definitions.
A. Words used in the present tense indicate the future; the singular number includes the plural and the
plural the singular; the words "used" or "occupied" include the words "designed," "arranged,"
"intended" or "offered to be used or occupied"; the words "building," "structure," "lot," "land" or
"premises" shall be construed as though followed by the words "or any portion thereof," and the word
"shall" is always mandatory and not merely directory. [Amended 5-3-1999 ATM, Art. 29; 11-17-2003
FYTM, Art. 16]
B. As used in this chapter, the following terms shall have the meanings indicated:
[Added 12-3-2018 FYTM, Art. 12]
ACCESSORY SINGLE-FAMILY DWELLING UNIT (ADU)
A dwelling unit located housing on the same lotunit, complete with its own sleeping, cooking and
sanitary facilities, that is accessory and clearly subordinate to as the principal single-family dwelling to
which it is accessory. An ADU shall be considered an accessory use. An ADU may be located within a
single family house containing a principal dwelling, or in a building accessory to a single family house.
An ADU shall have no more than two bedrooms and shall have a maximum habitable arcs. of 900 square
in the maximum habitable area of the ADU.
[Added 12-3-2018 FYTM, Art. 12]
DWELLING, ONE FAMILY DETACHED
A building containing a single, separate dwelling unit, designed for occupancy by one family, which shall be
considered a principal use and principal structure under this Chapter. Also referred to herein as a "single-
family dwelling" or "single-family residence."
[Added 5-7-2012 ATM, Art. 23]
FLOOR AREA, NET
The sum of the iliving areas on all f the several floors within the perimeter of a building or portion
thereof measured from the interior outside faces of the exterior walls. or in the case of internal units,
from the outside faces of exterior. demising or dividing walls as applicable, without deduction for
interior partitions and the like. It does not include cellars, unenclosed decks, porches, entries. or attics
or unconditioned storage. mechanical. garage, or utility areas, or spaces similar to the foregoing, not
useddesigned. intended- €er-or capable of being used for human habitation or occupancy, or any floor
f,pace in accessory buildings or in the main building intended and designed for the parking of motor
vehicles in order to meet the parking requirement of this chapter or any such floor space intended and
designed for accessory heating and ventilating equipment.
The following Code does not display images or complicated formatting. Codes should be viewed online. This
tool is only meant for editing.
Article IX
Special Regulations
§ 179-42.2 Accessory single-family dwelling units (ADUs).
[Added 12-3-2018 FYTM, Art. 12]
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 or connectedadjacent toi adjoining a single-family- dwellinghouse, or in
a detached, building accessory residential building to a single-family dwellin lhouse, 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 Ssection. Also see the Definitions
section of this Chapter, § 179-2.
B. There shall be no more than one ADU per lot.
An ADU may be located within a Zone II (Zone of Contribution to a Public Drinking Water Well), in the
advanced nitrogen treatment septic systems, if deemed necessary.
C. An ADU shall have no more than two bedrooms and no more than one thousand (1000) 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. All construction in connection with an 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. 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. attached to a principal dwelling shall conform to building setbacks for a
jingle family house in the Zoning District where it is located.
GD. There shall be no minimum lot size required to construct and maintain an ADU. However, a Special
Permit, pursuant to the applicable standards in Section 179-51 herein. shall be required from the
Planning Board for an ADU on a lot less than 15.000 sq. ft.
H. Either the principal dwelling or the ADU shallmust be occupied by the owner of the property on a year-
round basis, except for bona fide temporary absences, as defined in § 179 2 and the other remaining
dwelling unit shall be for year-round dwelling purposes, leased and occupied for continuous periods of
not less than twelve (12) months at a time. Notwithstanding the foregoing. an owner who does not so
occupy the property year-round may obtain a Special Permit from the Planning Board, pursuant to the
applicable standards in Section 179-51 herein, authorizing either or both of the dwelling units to be used
for near -round dwelling purposes, leased and occupied for continuous periods of not less than twelve
(12) months at a time. Pursuant to its Special Permit authority under Section 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 rental unit(s).
The property owner shall be required to file a notarized affidavit with the Building Department annually,
stet-ing-that-either-the-ffineipal-Elwelling-er-the-aceesseFy-single-family-Elwelling unit will be, and/or has
been, used as the principal residence of the owner for the next twelve month period and that the
remaining dwelling will be leased for a period of not less than 12 months.
f3ingle calendar year.
IF. An ADU shall be used and designed consistent with the single-family residential nature of the
underlying property. There shall be n renting f r ms r b a : - : - - _ - . • - 3- • _ . An ADU
shall not be used as or considered an accommodations -type use. such as a lodginnhouse. There shall be
no subletting, renting of rooms or boarding ofldczig s in an ADU and no Short -Term Rental use on a lot
containingjn an ADU.
JG. An ADU shall be subject to all applicable State and local laws and regulations. regulating
new construction or new residential use including without limitation the State Building Code and related
Certificate of Occupancy requirements; , and applicable 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;health and conservation State and local Wetlands laws and regulations and bylaws.
A Certificate of Occupancy shall be required for any ADU.
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J. An ADU shall be clearly subordinate in use, size and design to
ADU shall be designed so that, to the maximum extent practical, the appearance -of the property on
which it is to be located remains that of a single family residential property and the privacy of abutting
properties is maintained. 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.
N. 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.
O. 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 associated utilities and
fixtures within an ADU be removed in order to abate a violation of this Section.
ZONING
179 Attachment 1
Table 1
Use Regulations
Town of Brewster
[Amended 12-10-1979 STM, Art. 37; 5-12-1980 ATM, Arts. 39, 40 and 41; 12-8-1980 STM, Art. 18; 5-11-1981 ATM, Art. 32; 5-11-1982
ATM, Arts. 80 and 81; 5-14-1984 ATM, Arts. 100, 101 and 103; 8-27-1984 STM, Arts. 58 and 59; 5-13-1985 ATM, Arts. 89 and 93; 5-11-
1987 ATM, Art. 86; 5-9-1988 ATM, Art. 97; 10-17-1988 STM, Art. 26; 5-8-1989 ATM, Art. 47; 5-14-1990 STM, Arts. 6 and 10; 12-14-1992
STM, Art. 2; 11-15-1993 FYTM, Art. 20; 11-15-1999 FYTM, Art 23; 5-1-2000 ATM, Art. 35 11-17-2003 FYTM, Arts. 19 and 24;
11-18-2001 FYTM, Arts. 17 and 21; 5-3-2004 ATM, Art. 24; 11-15-2004 FYTM, Art. 17; 5-2-2005 ATM, Art. 31; 11-13-2006 FYTM,
Art. 25; 5-7-2007 ATM, Art. 24; 11-5-2007 FYTM, Art. 19; 11-17-2008 FYTM, Art. 18; 5-2-2011 ATM, Art. 33; 11-7-2011 FYTM, Arts. 13
and 17; 5-7-2012 ATM, Arts. 24 and 28; 5-6-2013 STM, Art. 6; 5-6-2013 ATM, Art. 23; 5-5-2014 ATM, Arts. 22 and 30; 12-3-2018 FYTM,
Arts. 11, 12, and 13]
KEY:
P = Permitted Use
S = Special Permit Use
Use with a dash ("-") = Prohibited Use
District
R -R R -L R -M C -H V -B I MRD PWS-CF
Residential
1. Accessory residential building P P P *P P
2. Accessory commercial dwelling unit "ACDU" - S S -
3. Accessory single-family dwelling unit "ADU" on a lot of P P P *i; PS
; ,000 square feet or more
4. Accessory single-family dwelling unit "ADU" on a lot less than S S S *S S
,000 square feet
5. Affordable multifamily dwelling units "AMFDU" - P - -
6. Cluster residential development S S S
7. Construction trailer P P P P P P
8. Major residential development S S S S - - -
9. Multifamily dwelling - S - - -
10. One -family detached dwelling ,.: ,1 P P P - P -
11. One -family security dwelling P P P -
12. Planned residential development S S
13. Row or town houses S -
14. Subsidized elderly housing S S S S -
*Except as may be permitted fopre-existing nonconforming single-family residential properties under Article VIII of this Chapter 179.
179 Attachment 1:1 Supp 1, Nov 2019
ZONING
179 Attachment 2
Town of Brewster
Area Regulations
Minimum Required Lots'
[Amended 12-10-1979 STM, Art. 37; 5-12-1980 ATM, Art. 42; 5-14-1984 ATM, Arts. 104 and 105; 8-27-1984 STM, Art. 57; 5-13-1985 ATM, Arts. 66, 74
and 94; 5-12-1986 ATM, Arts. 35 and 36; 5-11-1987 ATM, Art. 82; 5-9-1988 ATM, Art. 96; 10-17-1988 STM, Art. 26; 11-13-2006 FYTM, Arts. 29 and 33;
11-5-2007 FYTM, Art. 13; 5-5-2008 ATM, Art. 20; 5-7-2012 ATM, Art. 26; 12-3-2018 FYTM, Art. 12]
179 Attachment 2:1 06 - 01 - 2019
BREWSTER CODE
Yards3,4,s,6,7
District Use
R -R Any permitted structure or principal use
R -L Any permitted structure or principal use
R -M Any permitted structure or principal use
C -H
V -B
I
Row commercial
Multifamily dwellings
Hotel and motel
Row house or townhouse
Any other permitted structure or principal use
Any permitted structure or principal use
Any permitted structure or use, other than tliose
listed above for the C -H Districtgene-(feetnete-949
Area
(square feet)
100,000 plus 100,000 for the second
principal dwelling
60,000 plus 60,000 for the second
principal dwelling unit of a duplex
60,000 plus 60,000 for the second
principal dwelling unit of a duplex
40,000
130,000 plus 10,000 per bedroom
130,000 plus 2,000 per unit
130,000 plus 10,000 per bedroom
15,000
15,000
20,000
Lot Frontage'
(feet)
200
Front Side Rear
(feet) (feet) (feet)
40 25 25
150 40 25 25
150 40 25 25
150 30 20 20
200 100 30 30
200 100 30 30
200 100 30 30
80 30 15 15
80 30 15 15
100 30 15 40
NOTES:
In general, only one principal structure shall be permitted on one lot. The exceptions are planned residential developments, row commercial development, subsidized
elderly housing, planned business developments, community facilities, building and construction trade shop or garage uses, public utilities, accessory single-family
dwelling units (ADUs), and accessory commercial dwelling units (ACDUs) that comply with all provisions of §§ 179-42.2 and 179-42.3, respectively. ADUs-may-be
e ffil tte,7 by -d. ht-i , erring Bts-en lei
feet. anti by Special Permit in t e C 14 V B and r zoning district Also, residential lots may contain two principal single-family detached dwellings omits- if the lot is
twice that required by the Table of Area Regulations for single-family I %€.1- rfl::.. fds4.. 1c-o, in that district and if each dwellingunit is provided proper street access.
2 The width of the lot, measured at the front yard setback line, shall be at least 80% of the lot frontage.
3 At each end of a through lot, there shall be a setback depth required which is equal to the front yard depth required for the district in which each street frontage is located.
4 No building, except a boathouse or building used for agricultural purposes, shall be within 50 feet of any water body, watercourse or wetland area or, if subject to flooding,
within 50 feet beyond its flood line to the higher elevation.
5 Projections into required yards or other required open spaces are permitted subject to the following:
Balcony or bay window, limited in total length to 1 i2 the length of the building, not more than two feet.
Open terrace or steps or stoop, under four feet in height. up to 1/2 the required yard setback.
Steps or stoop over four feet in height, windowsill. chimney, roof eave, fire escape, fire tower, storm enclosure or similar architectural features, not more than two feet.
6 Accessory buildings and structures. Any permitted accessory building in any R District shall conform to the following provisions:
It shall not occupy more than 40% of the required rear yard. It shall be not less than 40 feet for R -R and R -L Districts and 30 feet for an R -M District from any street lot
line and shall be not less than 25 feet in any R -R or R -L District or 20 feet in the R -M District from any lot line. It shall not exceed 30 feet in height.
A temporary stand for retail sale of agricultural or farm products, where permitted. May be six feet from the front lot line.
Any permitted barn shall be at least 50 feet from any street lot line or side or rear property line and at least 100 feet from any abutter's dwelling.
The front, side and rear yard clearances shown in this table for multifamily dwellings are applicable to each structure containing dwelling units. These distances should
be used as though each structure is set on a separate lot. For example, two structures sitting side by side would have side yard clearances each of 30 feet or a total of 60
feet between the structures.
s Intensity of use applications to nursing convalescent honk. For purposes of interpreting the portion of this chapter, the teen "unit" shall mean each bed designed for use by an
individual receiving care at such facility. The first three units of a nursing/convalescent home shall require a minimum land area equal to the lot requirements for any
179 Attachment 2:2 06 - 01 - 2019
permitted structure or principal use in the district in which located, with the exception in the C -H District, where 20,000 square feet shall be required for the first three units
of a nursing/convalescent home. In all districts where such use is allowed, including by special permit, each additional unit shall require a minimum of 4,000 square feet of
land area. Front, side and rear yard requirements within the respective districts where special permits are required may be increased at the discretion of the Board of
Appeals, if the size of the project, proximity to incompatible adjacent uses or other factors potentially having an adverse effect on the health, safety or welfare of the
persons under care at such facility justifies a more extensive buffer from property lines. The Board of Appeals shall ensure that egress from such facility shall be on a street
which should be safe and adequate.
No building, loading space, parking space or structure. other than a sign, shall be located within 200 feet of the Industrial District boundary line in an Industrial District,
Exception, panhandle lots. This exception shall only apply to a single parcel of land at least three times the area required for a single lot in that residential district, intended
to be divided or subdivided into not more than two lots. Such a division or subdivision may be exempt from any or all of the requirements of the Town of Brewster
Planning Board rules and regulations, upon the express written approval of the Planning Board. The regulations for lot frontage as set forth in this section may be waived by
the Planning Board upon the following conditions:
There shall be no further subdivision of the lot(s).
The lots) shall be used for single-family residential purposes.
The area of the access to the lot as determined by the Planning Board shall not be used in determining lot size.
The access to the lot as determined by the Planning Board shall not be used to provide access to any other lots.
In no event shall the lot frontage and lot width be less than 30 feet.
Multiple use of this section of this chapter shall not he used as a means of accomplishing the subdivision of land without the construction of ways.
Cottage colony conversion. An existing nonconforming cottage colony may not be converted to a single-family dwelling use under separate ownership, unless the lot upon
which each building is located complies with the minimum requirements for single-family dwellings in the zoning district in which the land is located, and such
nonconforming cottage colony may not be converted to a single-family use under condominium -type ownership, unless the lot meets the minimum zoning requirements in
which the land is located.
For subsidized elderly housing, see S -I rather than this Table 2.
An owner -occupied building containing two dwelling units, one of which shall be an accessory apartment with a net floor living area not exceeding 600 square feet, and
including -not more than one bedroom, , isshall-be allowed by a special permit granted by the Board of Appeals. Such building
dwelling shall be deemed to be owner -occupied if either dwelling unit is occupied by the property owner of record on a year-round basis, except for bona fide
temporary absences during which the other unit is not allowed to be fentedoccupied.
Except that single-famil', dwelling uses and structures in the V -B district shall be subject to the R -M district requirements set out in this Table.
Editor's Note: The C -L District which luniediately f llowed was removed pursuant to Article 51, Annual Town Meeting, May 8. 1989.nt the request of the Town.
179 Attachment 2:3 06-01-2019