HomeMy Public PortalAboutPlanning Board -- 2004-04-06 Agenda (3) w
MEETING NOTICE
The PLANNING BOAR1
Committee Name
Wili hold a LEGAL HEARING
Type of Meeting
On Tgtaday A PRIL 6`''. 2004 7:OOPM.
Day Month Date Year Time
At RRE_WSTER TOWN OFFICE BUILD NG t
Location
AGENDA M
7:OOPM __X3
rry
PROPOSED ZONING ARTICLES D
z
ARTICLE NO, 22: To see if the Town will vote to amend the Code of the Town of I%ewst4p,
Chapter 179, also known as the Zoning Bylaws, Article X, Administration and EnforcemenjoSecti,
179-51, Special Permits, to add a sentence at the end of Paragraph A, eliminating the need to obtain a
special permit under Section 179-51 when a Special Permit is already required from the Planning Board
as Special Permit Granting Authority under Article XII (Corridor Overlay Protection District) or Section
179-40.1 of Article IX (Personal Wireless Services and Communication Facilities Bylaw) so that
Section 179-51A which now reads:
"A.Certain uses, structures or conditions are designated as permitted on special permit in §179-11,
Table of Use Regulations, and elsewhere in this chapter. Upon application duly made to the Board
of Appeals or other designated Special Permit Granting Authority (SPGA), in appropriate cases and
subject to appropriate conditions and safeguards, such special permits and no others may be
granted."
will be revised to read:
"A. Certain uses, structures or conditions are designated as permitted on special permit in
§179-11, Table of Use Regulations, and elsewhere in this chapter. Upon application duly
made to the Board of Appeals or other designated Special Permit Granting Authority
(SPGA), in appropriate cases and subject to appropriate conditions and safeguards, such
special permits and no others may be granted. If a Special Permit is also required from
the Planning Board acting as SPGA under Article XII, Corridor Overlay Protection
District, or Section 179-40.1 of Article IX (Personal Wireless Services and
Communication Facilities Bylaw, the applicant will not be required to also obtain a
Special Permit from the Board of Appeals under this Section 179-51 and the Planning
Board, acting as SPGA, will apply the provisions of this Section 179-51 in those cases, as
appropriate, so that all requested relief can be addressed in a single proceeding."
(Planning Board)
ARTICLE NO, 23: 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 add a sentence relative to progressive penalty provisions, so that the
provision which currently reads:
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"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 M.G.L. c. 40, §21D."
will be revised to read, as follows:
"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.
Failure to respond to a properly issued citation within twenty-one (21) days will make the
person, trust or other enterprise not in compliance with the pertinent Zoning Bylaw, unless
afforded protection under Article VIII of this chapter, and subject to the following penalty:
(a) First offense: warning.
(b) Second offense: fine of one hundred ($100.) dollars
(c) Third offense: fine of two hundred ($200.) dollars
(d) Fourth and subsequent: fine of three hundred ($300.00) dollars
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."
(Planning Board)
ARTICLE NO. 24: 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 limit the special permit requirement for commercial stables, kennels or veterinary hospitals to parcels
consisting of at least 120,000, but no more than five (5) acres, so that Subsection 179-11, Agriculture, 1f6
would read, as follows:
R-R R-L R-M C-H V-B I MRD PWSCF
(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 at least 120,000 square feet
but not greater than five acres. On
parcels consisting of more than five
acres, these uses are permitted as of
right per the provisions of General
Laws, Chapter 40A, D.
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(Planning Board)
ARTICLE NO 25• 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," Section 179-40.1,
"Communication Towers", by repealing 179.40.1.5.1 C.3 and D.2
which presently read:
179-40.1.5.1
C. 3. Application and Issuance of a Special Permit by the Special Permit
Granting Authority;
D. 2. Application and Issuance of a Special Permit by the Special Permit Granting Authority in
accordance with Section 40.1.6.3 hereunder;
And to add the following as the new 179.40.1.5.1 C.3:
- 179-40.1.5.1
Application and Issuance of a Special Permit by the Special Permit Granting Authority in
accordance with Sections 40.1.7 and 40.1.8, and in accordance with Section 40.1.12.0 Rules and
Regulations hereunder;
(Planning Board)
ARTICLE NO. 26: 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 VI, "Signs", Section 179-20.5, "Regulations for
Specific Types of Signs", subsection (E), Temporary Signs" subsection (3), "Window Signs".
Which presently reads:
(3) Window Signs, Window signs are permitted as long as the total area of all signs does not exceed
twenty-five percent (25%) of all window area on which the signs appear. (No permit required).
by adding the following as its second sentence:
Illuminated window signs are not permitted.
(Planning Board)
ARTICLE NO. 27. To see if the Town will vote plan to subdivide. Request to extend CH
Zone line through RM Zone, making parcel all CH zoned. 563 Long Pond Road, Plan Book 270, Page
92, L1 Area= 43,988, or to take any other action relative thereto.
(Citizens' Petition)
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Review of FYI items.
Any other business that may come before this Board.
r, l
3- t s UL SignatureAdm. Clerk/Sec
Date Posted
S.A.P. Cancelled Rescheduled Meeting
By Whom
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