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TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Tuesday, February 251h, 2003 7:00 P.M.
Brewster Town Office Building
1. Present: Chairman Taylor convened the Planning Board meeting at 7:OOPM in the Brewster Town
Office Building with member%Henchy, Pierce, McMullen, Bugle and Remy present.
2. CONTINUANCE OF LEGAL HEARING — SPECIAL PERMIT #SP2002-20 CORRIDOR
OVERLAY PROTECTION DISTRICT BYLAW — BRANDT, PETER — Located off Underpass
Road, on Assessors' Map 27,Lot 2Q-5—construct a 40 x 100 metal building for a Showroom, office
and storage. Present:Tim Brady.
3. The Planning Board reviewed the `draft Special Permit #SP2002-20 and had minor corrections. Motion
by Henchy, Bugle second, Approve Special Permit#SP2002-20 with correction as drafted.
4. CONTINUED LEGAL NEARING — SPECIAL PERMIT # SP2003-01- DIRT ROAD ACCESS
BY-LAW — KLIMSHUK — single-family dwelling to be located off Clay Hole Road on assessors'
Map 44 Lot 34. Present: Atty. D. Landreth, David Lyttle, and Mr. Klimshuk. Abutter's were present.
5. The above application had been scheduled for the meeting of February 19, 2003, that meeting was
cancelled, and the meeting was continued as posted until February 25, 2003.
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4
6. On February 25, 2003, the applicant provided the Board with the requested survey plan. The Fire
Department's response had not been received due to vacations and workload.
7. On a motion by Henchy, Bugle second "Approve application,#SP2009-01, Dirt Road Access Bylaw,
pending receipt of favorable support from the Fire Department regarding Access, reponse must be received
within 14 days."Roll call voted,all voted in favor.
8. Atty. Landreth stated that if an extension of time"is needed that a letter would be written to request the
extension.
9. The Planning Board voted unanimously to hold a Public Hearing on 3/25/03 regarding the following
articles for Spring Town Meeting:
Article - Amendment to Zonine Bvlaw/Personal Wireless Services and Communications
Facilities
1 of 12, Minutes of 2-25-2003
To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 179, also
known as the Zoning Bylaws, Article IX, Special Regulations, by deleting the current Section
179-40.1, "Communications Towers," and substituting therefor the following new Section
179.40.1:
Section 179-40.1 - Personal Wireless Services and Communication Facilities Bvlaw
Section 179-40.1.1 - Purpose and Intent
It is the express purpose of this By-law 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.
Section 179-40.1.2 Consistencv with Federal Law
This bylaw 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:
A. They do not prohibit or have the effect of prohibiting the provision of PWSCF Services;
B. They are not intended to be used to unreasonably discriminate among providers of
functionally equivalent Services; and
C. They do not regulate Wireless Telecommunication 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).
Section 179-40.1.3 Definitions and Word Usage
As used in this Bylaw, the following terms shall have the meanings indicated below. The word
"shall" or "will" indicate 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.
Act The Telecommunications Act of 1996, 47 U.S.C.A. §§151 et seq.
Adequate Capacity 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).
2 of 12, Minutes of 2-25-2003
Adequate Coverage 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 by shall not be limited to then-current industry standards and government standards
or materials.
Co-Location The use of a single mount on the ground by more than one carrier (vertical co-
location) and/or several mounts on an existing building or structure by more than one carrier.
Communication Facility Any facility which supports or contains communication 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.
Equipment Shelter An enclosed structure, cabinet, shed or box at the base of the mount within
which are housed batteries and electrical equipment.
Fall Zone 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.
Federal Communication Commission (FCC) The government agency responsible for
regulating telecommunications in the United States.
Licensed Carrier A company authorized by the FCC to construct and operate a commercial
mobile radio services system.
Personal Wireless Services The three types of services defined by the FCC in the Act as
personal wireless services: i) commercial mobile radio services; ii) unlicensed wireless services;
and iii) common carrier wireless exchange access services.
Personal Wireless Services Facility Any facility used or to be used for the provision of personal
wireless services including, but not limited to, buildings, antennas, telecommunication
equipment, communication 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.
3 of 12, Minutes of 2-25-2003
Repeater A low-power received/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.
Site, PWSCF 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.
Special Permit Granting Authority (SPGA) The Brewster Planning Board shall be the
Special Permit Granting Authority for purposes of this bylaw.
Tower A support structure proposed to support PWSCF antenna(s) and associated equipment,
including but not limited to, the following:
1. 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 panel antennas arrayed at the top.
2. Guyed Tower- A monopole or lattice tower that is tied to the ground or other surface by
diagonal cables.
3. Lattice Tower- A type of mount that is self-supporting with multiple legs and cross
bracing of structural steel.
Section 179-40.1.4 Personal Wireless Services and Communication Facilities Overlav
District
There is hereby established a Personal Wireless Services and Communication Facilities Overlay
District within the Town of Brewster. This district consists of the following parcels of property,
as shown on the current Assessor's Map:
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.
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.
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.
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.
Map 52, Parcels: 1, 2-1, 2-2, 3, 6, 17, 18, 24, 26, 27, 29, 30-1, 30-2, 70, 94
Map 53, Parcels: 3, 6-1, 6-4, 6-6.
4 of 12, Minutes of 2-25-2003
The Industrial (I) District: All parcels located within said District within the Town of
Brewster.
The Municipal Refuse District (MRD): All parcels located within said District within the
Town of Brewster.
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.
Section 179-40.1.5 Use. Siting, and Dimensional Regulations
40.1.5.1 Use Regulations.
All PWSCFs shall require a building permit and in all cases may be permitted only as follows:
A. All PWSCFs under thirty-five (35') feet in height shall be allowed as a matter of right in
all districts.
B. Municipal PWSCFs are exempt from this Bylaw.
C. Any proposed PWSCF Towers and ground mounted PWSCFs in excess of thirty-five
(35) feet in height shall only be allowed in the Personal Wireless Services and Communication
Facilities Overlay District, as identified in Section 179-40.1.4, and only upon:
1. Referral to the Cape Cod Commission for mandatory review;
2. Pre-Filing Review by the Development Plan Review Committee in accordance with
Section 40.1.6.2 hereunder;
3. Application and Issuance of a Special Permit by the Special Permit Granting Authority;
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 co-locate 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. Pre-Filing Review and Approval by the Development Plan Review Committee in
accordance with Section 40.1.6.2 hereunder;
2. Application and Issuance of a Special Permit by the Special Permit Granting Authority in
accordance with Section 40.1.6.3 hereunder;
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.
5 of 12, Minutes of 2-25-2003
40.1.5.2. Siting Regulations
A. PWSCFs shall be located on pre-existing 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 pre-existing 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 pre-existing 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 co-locate 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
co-location tenants and provide a tower design indicating types and locations of all facilities.
40.1.5.3 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 Section 179-40.1.4, 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 Section 179-40.1.5.2 and 179-
40.1.5.3 and all applicable Performance Standards Regulations set forth in any regulations
promulgated by the Planning Board.
6 of 12, Minutes of 2-25-2003
Section 179-40.1.6 Application Procedures
40.1.6.1 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 Bylaw. The Board does, however, have the right to waive any part of this
Bylaw 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 Bylaw.
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 sixty-five (65) days of
the filing of an application for Special Permit and shall issue a decision within ninety (90) days
following the date of the close of the public hearing.
40.1.6.2. Pre-Application DPRC Hearing
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 hearing before the Development
Plan Review Committee (DPRC) for purposes of discussing the proposed PWSCF in general
terms and reviewing the relevant local approvals required. The DPRC shall meet with the
applicant under this section within sixty-five (65) days following a written request submitted to
the DPRC and the Town Clerk. If the DPRC fails to schedule a pre-application hearing on a
project within said sixty-five (65) day period, the applicant may proceed with a Special Permit
application under this section without need for a pre-application hearing. The applicant shall
prepare sufficient preliminary architectural and engineering drawings to inform the DPRC of the
location of the proposed facility, as well as, its scale and overall design. The DPRC 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 DPRC statement must be included in the
application to the SPGA.
179-40.1.7.0 ADDroval Criteria. Reauired Findings and Denials
40.1.7.1 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 Section 179-40.1.5,
and any applicable Regulations promulgated by the Planning Board pursuant to Section 179-
40.10 herein.
40.1.7.2 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:
8 of 12, Minutes of 2-25-2003
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 Section 179-40.1.4, provided they shall not project
higher than ten (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 ten (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 ten (10') feet above the height of an existing building nor project more than ten
(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 non-conforming 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
bylaw shall be exempt from the height restrictions of this bylaw provided there is no increase in
height of the existing structure as a result of the installation of the PWSCF: i) guyed towers; ii)
lattice towers; iii) monopoles; iv) fire towers; or v) water towers.
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 Bylaw
shall be exempt from the height restrictions of this bylaw, provided there is no more than a
twenty (20) 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: i) electric transmission and distribution towers; ii) telephone
poles; iii) similar existing utility structures.
40.1.5.4 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 one hundred feet(100') 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.
7 of 12, Minutes of 2-25-2003
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,
scenic 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
J. The applicant meets the criteria set forth in Section 179-40.1.5 and all performance
standards and siting priority requirements contained in any Regulations promulgated by the
Planning Board pursuant to Section 179-40.1.10, to the maximum extent practically and
economically feasible.
40.1.7.3 Denials
The SPGA may deny a Special Permit if it finds: (a) 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 (b) that the Town of Brewster already has Adequate
Coverage from this provider; or (c) that the applicant failed to meet any application filing
requirements set forth in Regulations promulgated by the Planning Board; or (d) that the
application fails to meet applicable Use, Siting, Dimensional, and Setback Requirements set
forth in Section 179-40.1.5, or any applicable Regulations promulgated by the Planning Board
pursuant to Section 179-40.1.10.
9 of 12, Minutes of 2-25-2003
Any decision by the SPGA to deny an application for Special Permit under this Bylaw shall be in
conformance with Section 332 of the Act [47 U.S.C. 332(c)(7)(b)(iii)] in that it shall be in
writing and supported by substantial evidence contained in the record.
179-40.1.8.0 Terms of Special Permit
40.1.8.1 Pursuant to the provisions of Massachusetts General Laws, Chapter 40A, Section
9, a Special Permit shall lapse twenty-four (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).
40.1.8.2 A Special Permit issued for any PWSCF over thirty-five (35) feet in height shall
be valid for fifteen (15) years, unless previously abandoned or discontinued.
40.1.8.3 At the end of that time period, the PWSCF shall be removed by the carrier or a
new Special Permit shall be required.
40.1.8.4 Any permit issued by the SPGA for a PWSCF shall be valid for the applicant
only; it may not be reassigned, leased or sold.
179-40.1.9.0 Severabilitv
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.
179-40.1.10.0 Amendments
This Section may be amended from time to time in accordance with Section 5 of Chapter 40A of
Massachusetts General Laws.
179-40.1.11.0 Validitv
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.
179-40.1.12.0 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 bylaw, 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 twenty-one
(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 bylaw.
10 of 12, Minutes of 2-25-2003
Article -Amendment to Zoning Bvlaw/Accessory Dwelling Units - Table of Uses
To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 179, also
known as the Zoning Bylaws, Article IV, "Use Regulations," Section 179-11, Table 1, by
deleting the current Subsection A(2), "I-Family Dwelling Unit" and substituting the following
therefor:
R-R R-L R-M C-H V-B I MRD CT
(2) multiple, 1-family dwelling units, provided P P
the dwelling units are attached to the
structure containing the permitted
use and the units meet other pertinent
requirements of this chapter and said
use is permitted in the underlying
district'
'Multiple single family dwelling units are permitted to be contained within commercial
structures located within the CH and VB districts, which commercial structures are buildings
used for any commercial or business activity, provided the following conditions are met: i) Any
exterior alterations to the existing structure shall be made within the footprint of the existing
foundation provided, however, that alterations outside the existing footprint may be made solely
for the purpose of providing ingress and egress to the dwelling unit; No separate access to the
dwelling unit shall be permitted on the front fagade of the commercial structure; ii) The number
of off-street parking spaces for each dwelling unit shall not be less than one; iii) The occupancy
of each dwelling unit shall be limited to the maximum occupancy requirements permitted under
the state building code and all other applicable state, local and federal codes; iv) The number of
dwelling units per each commercial structure shall be limited to one per 750 square feet of
available floor space; v) No dwelling unit shall be permitted to be located below the ground floor
of the commercial structure; vi) No dwelling unit shall be permitted under this section without
approval by the Building Inspector that the requirements contained in this section have been met,
as evidenced by the issuance of a building permit; No occupancy shall occur without an
occupancy permit from the Building Inspector; vii) no dwelling unit shall be permitted within
residential structures located in the CH or VB districts pursuant to this provision.
Article - Amendment to Zoning Bvlaw/Parking and Loading Lot Standards
To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 179, also
known as the Zoning Bylaws, Article VII, "Off-Street Parking and Loading," Section 179-21, to
add the following new Subsection C:
E. In accordance with the intent of Section 179-67D(2) of this Zoning Bylaw, any of the
following parking and loading lot regulations and standards contained in Sections 179-22 and
179-23 may be waived by the Planning Board during a review under Article XII, the Corridor
Overlay Protection District Bylaw, without the requirement of a variance from the Zoning Board
of Appeals.
11 of 12, Minutes of 2-25-2003
Article 28: Amendment to Zoning Bvlaw/Standard Industrial Classification Manual.
To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 179, also
known as the Zoning Bylaws, Article I, "General Provisions," Section 179-2, "Definitions," to
delete the last sentence of Subsection 179-2A and replace it with the following:
"Uses listed in the Table of Use Regulations under the classes of retail and service trades and
wholesale trade and manufacturing shall be further defined by the 2002 edition of the North
American Industry Classification System Manual published by the Executive Office of the
President, Office of Management and Budget."
11. Meeting Adjourned
Sincerely
Marjorie Pierce
Clerk
12 of 12, Minutes of 2-25-2003