HomeMy Public PortalAboutPlanning Board -- 2003-10-17 Agenda MEETING NOTICE
The PLANNING BOARD
Committee Name
Will hold a LEGAL HEARING
Type of Meeting
On r# OCTOBER 17`h, 2003 3_OOPM b M
Day Month Date Year Time
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At BREWSTER TOWN OFFICE BUILDING _ _ Cr �
Location L7
AGENDA
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3:OOPM Discuss the following proposed Zoning By-law changes. o
Article: 25 Amendment to Zoning Bylaw/Parking and Loading 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," Seytion 179-23, "Parking and Loading Lot
Standards," Subsection A, which currently reads:
"A. All parking or loading areas containing over five spaces, including automobile service and
P g g g �) p g
drive-in establishments, shall be either contained within tructure$ or subject to the following:"
so that it will now read:
"A. All parking or loading areas containing over five spaces, including automobile service and
drive-in establishments, shall be either contained'within ctures or subject to the following, unless
otherwise waived by the Planning Board in accor cc with the provisions of Article XII of the Zoning
Bylaws, Corridor Overlay Protection District, See' ' 1}9-67D(1), and only to the extent waived
thereunder:"
or to take any other action relative thereto.
Article: 23 Amendment to Zoni Byla ersonal Wireless Sete°ices Bylaw
To see if the Town will vote to rescind t' e picti of the Communication Towel- Overlay Dist;ct on the
current Zoning Map and to amend the C e Town of Brewster, Chapter 179, also known as the Zonin.:.
Bylaws, Article IX, Special Regula,.:ons, ctio i79-40.1, Perso-, l Wireless M�ices and C�_.�rr unication
Facilities Bylaw, by replacing S tion 1 -40. .4, which c r,: ntly reads:
"Personal Wireless Servi and Co rnr:n.icaGlor, LaJiltics Overlay Dls,_ric`:
There is hereby establis a ersonal Wit-elcss Soniecs and Coin.auni:.;atJ'or_ Facili`:cs Cverlay
District within the Town o rewster. This district consists of the following parecls of property,
shown on the current Assessor's Map:"
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With the following language:
"Personal Wireless Services and Communication Facilities Overlay 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
shown on the Personal Wireless Services and Communication Facilities Overlay District Zoning
Map on file with the Brewster Building Department, the Brewster Planning Department and the
Brewster Town Clerk:"
Or take any other action relative thereto.
Article: 24 Amendment to Zoning Bylaw/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 replace the identification "CT"
(Communication Tower) in the Table Heading with the letters "PWSCF," (Personal Wireless Services and
Communication Facilities), or to take any other action relative thereto.
Article: 22 Amendment to Zoning Bylaw/Floodplain District Bylaw
To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 179, also known as the
Zoning Bylaws, by deleting in its entirety Section 179-7, "Floodplain District," and replacing it with the
following new Section 179-7, "Floodplain District":
§179-7. Floodplain District.
The Floodplain District is established as an overlay district. All uses otherwise permitted in the
underlying district are allowed, provided that they meet the following additional requirements, as well
as, those of the Massachusetts State Building Code dealing with the construction in floodplains and
coastal high hazards.
A. STATEMENT OF PURPOSE
The purposes of the Floodplain District are to:
(1) Regulate development in areas subject to coastal storm flowage, particularly high hazard
Velocity zones, in order to minimize threats to public safety, potential loss of life, personal injury,
destruction of property, and environmental damage inevitably resulting from stones, flooding, erosion
and relative sea level rise.
(2) Enable safe access to and from coastal homes and buildings for homeowners and emergency
response personnel, such as police, fire and rescue departments or other emergency response officials.
(3) Reduce or prevent public health emergencies resulting from surface and groundwater
contamination from inundation of or damage to sewage disposal systems and storage areas for typical
household hazardous substances.
(4) Minimize monetary loss and public health threats resulting from storm damage to public
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facilities (water and gas mains, electric, telephone lines, streets, bridges, etc.). Avoid the loss of utility
services which, if damaged by flooding, would disrupt or shut down the utility network and impact
regions of the community beyond the site of flooding.
(5) Eliminate costs associated with the response and cleanup of flooding conditions.
(6) Reduce damage to public and private property resulting from flooding waters.
B. DEFINITIONS
Definitions: As used in this Bylaw, the following words shall have the meanings specified herein:
AREA OF SPECIAL FLOOD HAZARD - the land in the floodplain within a community, subject to a
one-percent or greater chance of flooding in any given year. The area may be designated on a FIRM as
Zone A, AO, AH, Al-30, AE, A99, V1-30, VE or V.
BASE FLOOD - the flood having a one percent chance of being equaled or exceeded in any given year.
COASTAL HIGH HAZARD AREA - the area subject to high-velocity waters, including but not limited
to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V, V 1-30, VE.
DEVELOPMENT - any man-made change to improved or unimproved real estate, including but not
limited to building or other structures, construction, mining, extraction, dredging, filling, grading,
paving, excavation or drilling activity or operation.
DISTRICT - floodplain district.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be fixed (including, at minimum, the installation of utilities, the construction of streets, and
either final site grading or pouring of concrete pads) is completed before the effective date of this Bylaw.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - the
preparation of additional sites by the construction of facilities for servicing lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of streets,
and either final site grading or pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - administers thL National Flood
Insurance Program (NFIP). FEMA provides a nationwide flood hazard mapping study pro`-am for
communities as well as regulatory standards for development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP - an official map of a community issued by FEMA
that depicts based on detailed analyses, the boundaries of the 100-year and 500 year floods and 100-year
floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) - an official map of a community issued by FEMA
where boundaries of the flood and related erosion areas having special hazards have been designated as
Zone A or E.
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FLOOD INSURANCE RATE MAP (FIRM) - an official map of a community on which FEMA has
delineated both areas of special flood hazard and risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - an examination, evaluation, and determination of flood hazards, and if
appropriate, corresponding water surface elevations, or an examination, evaluation and determination of
flood-related erosion hazards.
FLOODWAY -the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation.
LAND SUBJECT TO COASTAL STORM FLOWAGE - land subject to inundation caused by coastal
storms up to and including the 100 year flood, surge of record, or flood of record, whichever is greater.
The 100 year flood(or base flood as it is also referred to) means the flood having a one percent chance
of being equaled or exceeded in any given year. The seaward limit is mean low water.
LOWEST FLOOR -the lowest floor of the lowest enclosed areas (including basement or cellar). An
unfinished or flood resistant enclosure,usable solely for parking of vehicles,building access or storage
in an area other than a basement area is not considered a building's lowest floor,provided that such
enclosure is not built so as to render the structure in violation of the applicable non-elevation design
requirements of NFIP Regulations 60.3.
MANUFACTURED HOME - a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected to
the required utilities. For purposes of the application of this Floodplain District Bylaw, the term
"manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a
site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does
not include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION - a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) - is administered by the Federal
Emergency Management Agency (FEMA).
NEW CONSTRUCTION - for purposes of the application of this Floodplain District Bylaw, new
construction shall mean structures for which the"start of construction" commenced on or after the
effective date of this Floodplain District Bylaw. For the purpose of determining insurance rates, new
construction means structures for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the effective date of
this Floodplain District Bylaw.
ONE-HUNDRED-YEAR Flood— see BASE FLOOD.
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REGULATORY FLOODWAY—see FLOODWAY.
SPECIAL FLOOD HAZARD AREA- an area having special flood and/or flood-related erosion hazards,
and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, AH, V, VI-30, VE.
START OF CONSTRUCTION -includes substantial improvement, and means the date the building
permit was issued,provided the actual start of construction,repair,reconstruction,rehabilitation,
addition,placement, or other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, or floor, or other structural
part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE - for floodplain management purposes, a walled and roofed building, including a gas or
liquid storage tank that is principally above ground, as well as a manufactured home. For NFIP
insurance coverage purposes, "structure"means a walled and roofed building, other than a gas or liquid
storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured
home on foundation. For the latter purpose, the term includes a building while in the course of
construction, alteration or repair,but does not include building materials or supplies intended for use in
such construction, alteration or repair, unless such materials or supplies are within an enclosed building
on the premises.
SUBSTANTIAL DAMAGE - damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before
the"start of construction" of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed.
ZONES:
ZONE A -the 100-year floodplain area where the base flood elevation (BFE)has not been
determined. To determine the BFE, use the best available federal, state, local or other data.
ZONE Al-A30 and ZONE AE (for new and revised maps) - the 100-year floodplain where the
base flood elevation has been determined.
ZONE A99 - areas to be protected from the 100-year flood by federal flood protection system
under construction. Base flood elevations have not been determined.
ZONE AH and ZONE AO - the 100-year floodplain with flood depths of 1-3 feet.
ZONES B, C, AND X - are areas identified in the community Flood Insurance Study as areas of
moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.
ZONE V (Velocity Zone) - those portions of Land Subject To Coastal Storm Flowage which are
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coastal high hazard areas or areas of special flood hazard extending from the mean low water line
to the inland limit within the 100-year Floodplain, and which are subject to the additional
hazards associated with storm waves greater than three feet in height. Base flood elevations have
not been determined.
ZONE V1-V30 and ZONE VE (for new and revised maps) - special flood hazard areas along a
coast subject to inundation by the 100-year flood with additional hazards due to velocity (wave
action). Base flood elevations have been determined.
C. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION AND
FLOODWAY DATA
(1) The Floodplain District is herein established as on overlay district. The Floodplain District
includes all special flood hazard areas designated on the Town of Brewster FIRM issued by FEMA for
the administration of the NFIP dated May 17, 1993 as ZONES A, AE, AH, AO, Al-30, A99, V, V-30,
and VE which indicates the 100-year regulatory floodplain. The exact boundaries of the District may be
defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood
Insurance Study Booklet dated December 19, 1998. The FIRM and Flood Insurance Study booklet are
incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building
Commissioner and Conservation Commission.
(2) Floodway Data. In Zone A, Al-30, and AE, along watercourses that have not had a regulatory
floodway designated, the best available Federal, State, local or other floodway data shall be used to
prohibit encroachments in floodways which would result in any increase in flood levels within the
community during the occurrence of the base flood discharge.
(3) Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or
other developments greater than 50 lots or 5 acres; whichever is the lesser, within unnumbered A zones.
(a) Within Zone A, where the base flood elevation is not provided on the FIRM, the
applicant shall cause a qualified professional to provide any existing base flood elevation data,
which data shall be reviewed by the Building Commissioner/Zoning Agent for its reasonable
utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the
State Building Code.
(b) The Wetlands Protection Act may require applicants to determine base flood elevation
information by engineering calculations using whichever specified methodology is most accepted
by the Brewster Conservation Commission.
D. NOTIFICATION OF WATERCOURSE ALTERATION
In a riverine situation, the property owner and/or applicant shall notify the following of any alteration or
relocation of a watercourse:
1. Adjacent communities
2. FIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street, Suite 600-700
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Boston, MA 02 1 1 4-2 1 04
3. NFIP Program Specialist
FEMA Region 1, Rm. 462
J. W. McCormack Post Office & Courthouse
Boston, MA 02109
E. USE REGULATIONS
All provisions of the Code of the Town of Brewster, Chapter 179, shall remain applicable within the
Floodplain District provided, however, where the Floodplain District Bylaw imposes additional or
conflicting regulations, the more stringent local regulations shall prevail. All development in the
Floodplain District, including structural and nonstructural activities, whether permitted by right or by
special permit, must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws
and with the following:
(1) Section of the Massachusetts State Building Code, which addresses floodplain and
coastal high hazard areas (currently 780 CMR 3107.0, Flood Resistant Construction).
(2) Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00).
(3) Inland Wetlands Restriction, DEP (currently 310 CMR 6.00).
(4) Coastal Wetlands Restriction DEP (currently 310 CMR 4.00).
(5) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently
310 CMR 15, Title 5).
(6) Brewster Wetlands Protection Bylaw (currently Chapter 172, Brewster Town Code).
(7) Brewster Wetlands Conservancy District (currently Chapter 179, Article II, — 179-6,
Brewster Town Code).
Any departure from the provisions and requirements of the above-referenced state or local regulations
may only be granted in accordance with the required variance procedures of these state or local
regulations.
F. RECOMMENDED USES
The following uses, which present low flood damage potential and are unlikely to cause obstructions to
flood flows, are encouraged, provided they are permitted in the underlying district and do not require
structures, fill, or the storage of either materials or equipment.
(1) Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
(2) Forestry and nursery uses.
(3) Outdoor recreational uses, including play areas, nature study, boating, fishing and hunting where
otherwise legally permitted.
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(4) Conservation of water, plants and wildlife.
(5) Wildlife management areas, foot,bicycle, and/or horse paths and bridges provided such uses do not
affect the natural flow pattern of floodwaters or of any watercourse.
(6) Temporary non-residential structures used in connection with fishing, hunting,birdwatching,
growing,harvesting, storage, or sale of crops raised on the premises.
(7) Buildings and uses lawfully existing prior to the adoption of these provisions.
G. USE LIMITATIONS
(1) Within Zones AH and AO on the FIRM, adequate drainage paths are required around structures
on slopes to guide floodwaters around and away from proposed structures.
(2) In Zones Al-30 and AE, along watercourses that have a regulatory floodway designated on the
Town of Brewster FIRM, encroachments in the regulatory floodway that result in any increase in flood
levels within the community during the occurrence of the base flood discharge are prohibited.
(3) Man-made alteration of sand dunes within Zones V1-30, VE and V, which would increase
potential flood damage are prohibited.
(4) All new construction within Zones V 1-30, VE and V is required to be located landward of the
reach of mean high tide.
(5) All subdivision proposals shall be reviewed to assure that: a) such proposals minimize flood
damage; b) all public utilities and facilities are located and constructed to minimize or eliminate flood
damage; and c) adequate drainage is provided to reduce exposure to flood hazards.
(6) Existing contour intervals of site and elevations of existing structures must be included on plan
proposals.
H. ADMINISTRATION
(1) There shall be established a "routing procedure"which will circulate or transmit one copy
of the development plan to the Conservation Commission, Planning Board, Board of Health,
Town Engineer and Building Commissioner for comments which will be considered by the
appropriate permitting board prior to issuing applicable permits.
(2) The Building Inspector shall require the applicant to cause a qualified professional to
provide records of elevation and flood-proofing levels for new construction or substantial
improvement within the flood district.
L. SEVERABILITY
If any provision of this bylaw should be disapproved by the Attorney General or invalidated by a court
of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of
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any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the
remainder of the Town of Brewster's zoning bylaw.
Any other business that comes before the meeting.
Si21rr`atureAdm. Clerk/Oec
. /Date Poste
S.A. P. cancelle�Rcheduled Meeting
By Whom
( 13
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