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Home My Public Portal AboutPlanning Board -- 2003-10-07 Agenda (2) MEETING NOTICE The PLANNING BOARD Committee Name Will hold a LEGAL HEARING Type of Meeting On TUESDAY OCTOBER 7t'. 2003 7:30PM w Day Month Date Year Time w � N At BREWSTER TOWN OFFICE BUILDING N M Location iv —, AGENDA C:) 7:30PM Discuss the following proposed Zoning By-law changes. "' m o M Article: 16 Amendment to Zoning Bvlaw/Definitions Section 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 two sentences of Subsection 179-2A which presently reads: 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. Terms and words not defined herein but defined in the Brewster Subdivision Regulations or in the Commonwealth of Massachusetts State Building Code or in the State Environmental 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 Webster's Unabridged Dictionary, Third Edition. 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 Standard Industrial Classification Manual published by the Executive Office of the President, Office Management and Budget. and replace it with the following: 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. Terms and words not defined herein Page 1 of 4, meeting notice 10/7/2003 By-laws but defined in the Brewster Subdivision Regulations or in the Commonwealth of Massachusetts State Building Code or in the State Environmental Code shall have the meanings given therein unless a contrary intention clearly appears. or to take any other action relative thereto. Article: 17 Amendment to Zoning Bvlaw/Definition of Accessory Use 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 revise the current definition of "use, accessory" found in Subsection 1792B which reads: "Use, Accessory - A use incidental and subordinate to the principal use of a structure or lot or a use, not the principal use, which is located on the same lot as the principal structure." and replace it with the following: "Use, Accessory - A use incidental and subordinate to the principal use of a structure or lot or a use, not the principal use, which is located on the same lot as the principal structure or use. Any use that is not allowed in the underlying district shall not be classified as an accessory use nor permitted as an accessory use." Or take any other action relative thereto. Article: 18 Amendment to Zonine Bvlaw/Corridor Overlav Protection District 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 X11, the Corridor Overlay Protection District, Subsection 179-66B(1 a) by adding the words "or lot" immediately after the word "structure" as it appears in two locations in the subsection so that the new Subsection 179-66B(la)would read, as follows: "A change of use of an existing structure or lot from its current use to any use specified in Table of Uses, Section 179-11 shall be allowed only if granted a special permit in accordance with this §179-66 and §179-51, provided, however, that any change of use of a structure or lot being used for any of the following uses: (a) store usually selling 1 or a combination of 2 or more of the following: dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware, food for home preparation, pharmaceuticals and medical supplies, wines and liquors; (b) antique shops and (c) miscellaneous business offices and services, to another as delineated in the above listing shall not require a special permit nor shall the initiation of a Home Occupation or change of a Home Occupation require a Special Permit." Or take any other action relative thereto. Article: 21 Amendment to Zoning Bvlaw/Use Variances 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 X, Administration and Enforcement, Section 179-52, Variances, to revise the first sentence of the current Subsection 179-52A which reads: Page 2 of 4, meeting notice 10/7/2003 By-laws "The Board of Appeals may hear and decide appeals or petitions for variances from the terms of this chapter, including variances for use, with respect to particular land or structures." So that it reads, as follows: "The Board of Appeals may hear and decide appeals or petitions for variances from the terms of this chapter with respect to particular land or structures, provided, however, that in no event shall the Board of Appeals grant variances for use." Article: 19 Amendment to Zoning Bvlaw/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, to allow certain agricultural uses listed under Agriculture, Paragraph 6, to be allowed by Special Permit in the R-R District so that Subsection 179-11, Agriculture,16 would read, as follows: R-R R-L R-M C-H V-B I MRD (6) Commercial stable, kennel or S S S S S veterinary hospital in which all animals are completely enclosed in pens or other structures on a parcel of land containing 120,000 square feet or more. Or take any other action relative thereto. Article: 20 Amendment to Zoning Bvlaw/Imimsition of Fines 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 X, Administration and Enforcement, Section 179-49, Violations and Penalties, to delete the words "upon conviction," add the words "by the Building Inspector" after the word "fined," change the penalty amount from two hundred ($200.00) Dollars to three hundred ($300.00) Dollars in the second sentence of this Section, and eliminate the phrase "and a violation of which is subject to a specific penalty" from the third sentence, so that the second and third sentence of Section 179-49 which currently read: "Any person, trust or other enterprise who violates or refuses to comply with any of the provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals may, upon conviction, be fined a sum of two hundred dollars ($200.) for each offense, unless otherwise noted in this chapter. Any Zoning Bylaw of the Town of Brewster enforceable by the Inspector of Buildings or his designee, and a violation of which is subject to a specific penalty may, as an alternative to initiating criminal proceedings, be enforced by the Inspector of Buildings or his designee by the method provided in MGL c. 40, §21D." are revised to read: "Any person, trust or other enterprise who violates or refuses to comply with any of the provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals may be fined by the Inspector of Buildings a sum of up to three hundred ($300.00) dollars for Page 3 of 4, meeting notice 10/7/2003 By-laws each offense, unless otherwise noted in this chapter. Any Zoning Bylaw of the Town of Brewster enforceable by the Inspector of Buildings or his designee may, as an alternative to initiating criminal proceedings, be enforced by the Inspector of Buildings or his designee by the method provided in MGL c. 40, §21D." Or take any other action relative thereto. Any other business that comes before the meeti W//� a SignatureAdm. Clerk/Sec ate osted S.A. P. Cancelled Rescheduled Meeting By Whom Page 4 of 4, meeting notice 10/7/2003 By-laws