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TOWN OF BREWSTER MINUTES OF PLANNING BOARD
Tuesday, October 215`, 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 members Henchy, Pierce, McMullen, Bob Bugle, and Remy present.
2. CONTINUED DISCUSSION OF A PRELIMINARY SUBDIVISION PLAN # PRE2003-10 —
MATTHEWS — Located off Ruddy Duck Road on Assessors' Map 45, Lots 41 & 58-1 (sub. lot #5).
Present; Atty. Peter Farber.
3. Farber — at this point the applicant needs two more property owner signatures to modify the existing
Wood Duck Subdivision Plan. The applicant would like to continue until second meeting in November.
4. Motion by Henchy, Pierce second, "Continue to November 19`h at 7:15PM". All voted in favor.
5. Taylor— added item regarding the final release for the Betsy Clark's subdivision on Butler's Way. The
Board has received a request to waive the street light requirement, the police chief has agreed that a
street light is not needed.
6. Motion by Pierce, McMullen second "no, to the waiver request for the Street Light". 4 voted yes, 2
abstained (Remy, Bugle).
7. Public Hearing to Discuss the following proposed Zoning By-law changes. Present: Atty. Sarah
Torrano-Flores,Jillian Douglas, Victor Staley and Elbert Ulsfelder.
1. 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,"
Page 1 of 14, Minutes of 10-21-2003
"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
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.
8. After a brief discussion, Mr. Ulsfelder had brought up that deleting also the last sentence of the proposed
article, starting with the word "Terms", would also lend less confusion as to what date the wording for
the regulation would fall under. Atty. Sarah Torran-Flores, and Victor Staley agreed.
9. Motion by Henchy, Pierce second, "support with the deleted amendment". All voted in favor.
10. The admended wording is as follows:
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.
11. 2. 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."
Page 2 of 14, Minutes of 10-21-2003
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.
12. Motion by Henchy, Pierce second, "support as written". All voted in favor.
13. Article: 18 Amendment to Zoning Bvlaw/Corridor Overlay 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 XII, the Corridor Overlay Protection District, Subsection 179-66B(la) 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(1a) 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.
14. Motion by Henchy, Pierce second, "support as written". All voted in favor.
15. Article: 21 Amendment to Zoning Bylaw/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:
"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."
Page 3 of 14, Minutes of 10-21-2003
16. Motion by Pierce, Henchy second, "support as written". 4 yes, 2 oppose(McMullen, Bob Bugle).
17. 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,¶6 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.
18. Motion by Henchy, Pierce second, "support as written". All voted in favor.
19. Article: 20 Amendment to Zoning Bvlaw/Imuosition 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, §21 D."
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 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."
20. Motion by Henchy, Pierce second, "support as written". 5 yes 1 opposed(McMullen).
21. Article: 25 Amendment to Zoning Bvlaw/Parkine and Loadine Standards
Page 4 of 14, Minutes of 10-21-2003
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 VII, "Off-Street Parking and Loading," Section 179-23, "Parking and
Loading Lot Standards," Subsection A, which currently reads:
"A. All parking or loading areas containing over five (5) spaces, including automobile service and
drive-in establishments, shall be either contained within structures or subject to the following:"
so that it will now read:
"A. All parking or loading areas containing over five (5) spaces, including automobile service and
drive-in establishments, shall be either contained within structures or subject to the following, unless
otherwise waived by the Planning Board in accordance with the provisions of Article XII of the Zoning
Bylaws, Corridor Overlay Protection District, Section 179-671)(1), and only to the extent waived
thereunder:"
22. Motion by Bugle, Remy second, "support as written". All voted in favor.
23. Article: 23 Amendment to Zoning Bvlaw/Personal Wireless Services Bvlaw
To see if the Town will vote to rescind the depiction of the Communication Tower Overlay District on
the current Zoning Map and to amend the Code of the Town of Brewster, Chapter 179, also known as
the Zoning Bylaws, Article IX, Special Regulations, Section 179-40.1, Personal Wireless Services and
Communication Facilities Bylaw, by replacing Subsection 179-40.1.4, which currently reads:
"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 current Assessor's Map:"
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:"
Article: 24 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 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.
Page 5 of 14, Minutes of 10-21-2003
24. Motion by Henchy, Pierce second, "support articles 23 & 24 as written". All voted in favor.
25. Article: 22 Amendment to Zoning Bvlaw/Floodplain District Bvlaw
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 storms, 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 ground water
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
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:
Page 6 of 14, Minutes of 10-21-2003
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, V1-30, 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 the National Flood
Insurance Program (NFIP). FEMA provides a nationwide flood hazard mapping study program 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.
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.
Page 7 of 14, Minutes of 10-21-2003
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.
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, V1-30, 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,
Page 8 of 14, Minutes of 10-21-2003
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
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
Page 9 of 14, Minutes of 10-21-2003
(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) F000dway 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
Boston, MA 02114-2104
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
Page 10 of 14, Minutes of 10-21-2003
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.
(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.
Page 11 of 14, Minutes of 10-21-2003
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 V1-30, 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
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.
26. After a brief discussion it was agreed to delete parts of 179-7 B, definitions Zones and rewrite so it reads
as follows:
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.
Page 12 of 14, Minutes of 10-21-2003
ZONE Al-A30 - the 100-year floodplain where the base flood elevation has been
determined.
ZONES B and C - are areas identified in the community Flood Insurance Study as areas
of moderate or minimal flood hazard.
ZONE Vl-V30 - 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.
27. Motion by Henchy, Pierce second, "support as amended". All voted in favor.
28. CONTINENCE - LEGAL HEARING — DEFINITIVE SUBDIVISION PLAN #DEF2003-18- Doeg,
Robert - Located off Buggy Whip Road on Assessors' Map 21, Lot 82-1. - Proposed 6 lot subdivision.
Present: Robert Doeg; John O'Rielly; Atty. McCormick and abutters.
29. Taylor — We have just received the Agreement and Covenant; also a letter from Atty. McCormick and
have not had a chance to review them.
30. O'Rielly—the plan tonight is the use overlay plan that the Board requested and will be recorded with the
definitive plan. Tables show that the forever wild is at 35%, Transitional 16%, with protected area being
around 51%, the other 16% shown of transitional area is for limited use. The covenants and the land use
overlay map are very similar to the one used for Tamer Lane subdivision.
31. McCormick—with regard to my letter its long complicated. Your Town Counsel explains what your role
is regarding rights and landowners.
32. Henchy — every property owner who has frontage on an approved subdivision road has a right to the
road and has rights of access and passage. The applicant has dotted all of the "I's" and "T's" and has
met our rules and regulations. The improvements start on Bridal Path and with 50ft. going north of the
intersection of Bridal Path and Buggy Whip to 50ft. south beyond the entrance of Harrison Hill Road.
Town Water will be negotiated in good faith. I don't see any legal basis to not approve this subdivision.
33. The applicant proposes a $30,000.00 bond for any deterioration that may occur while construction of the
proposed road is done. A video tape will be done with Mr. Tkazyk, prior to road construction. The
homeowners of the new subdivision will become contributing members of any association formed for
the upkeep and maintenance of Buggy Whip, Bridle Path and Whiffle Tree Roads.
34. Abutters spoke of opposition to the subdivision. The applicant addressed the existing roads and that
money has been set aside should damage occur during road construction.
35. Motion by Henchy, McMullen second "approve this subdivision based on the following conditions; 1)
from the edge of the existing pavement on Bridal path to Buggy Whip to 50 feet north and 50 feet
beyond the entrance of Harrision Hill Road to be constructed to current Subdivision Rules and
Regulations including Utilities; 2) provisions for looping the water system to the subdivision be
provided; 3) developer shall repair all damage to only the existing paved roads caused by construction
machinery, post a $30,000.00 bond; 4) Plan of overlay showing the building envelopes and transitional
area shall be enforce by the developer; 5) approval be subject to the satisfactory standard covenant and
Page 13 of 14, Minutes of 10-21-2003
Bond, restrictions listed on the plan as notes. Final approval to be voted on at next meeting on
November 4, 2003 " all voted in favor.
36. Motion by McMullen, Bugle second"close to public input" all voted in favor.
37. Meeting adjourned.
Sincerely,
Marjorie Pierce
Clerk
Page 14 of 14, Minutes of 10-21-2003