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Home My Public Portal AboutPlanning Board -- 2005-03-15 Agenda MEETING NOTICE The PLANNING BOARD Committee Name Will hold a LEGAL HEARING Type of Meeting On Tuesday March 15. 2005 7:OOPM. Day Month Date Year Time At BREWSTER TOWN OFFICE BUILDING Location AGENDA 7:OOPM AMENDMENT TO ZONING BYLAW/TABLE 3, HEIGHT AND BULK REGULATIONS TOWN OF BREWSTER ARTICLE NO. 25 To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by amending chapter 179, Section 179-16 Table 3 to amend the following column as currently written: Currently written: Maximum Percentage of Total Interior Floor Area to Lot's buildable uplands rn (percent) 20 15 `a T Ch :;o Amendment: x Maximum Percentage of Total Interior Floor Area to Lot's buildable uplands (percent) 80 60 7:05PM Continued - LEGAL HEARING—MODIFICATION OF SPECIAL PERMIT #2001-05-01 - DEFINITIVE CLUSTER SUBDIVISION PLAN—HERMAN, PETER—Located off Landing Drive on Assessors' Map 48, Lot 8—purposed to move the 6ft wide pedestrian access easement from lots 5 & 6 to between lots 3 & 4, continuing on to Long Pond and to create a 6ft wide foot path of open space from lots 5 & 6 to land of Karen Malkus and Peter G. Herman. Page 1 of 6, meeting notice of 3-15-2005 7:10PM LEGAL HEARING—SPECIAL PERMIT#SP2005-04—CORRIDOR OVERLAY PROTECTION DISTRICT BYLAW—Crossroads for Kids - Located at 46 Featherbed Lane, on Assessors' Map 38, Lot 36— Construct 35' x 65' open program pavilion, seasonal use at summer camp. 7:30PM Article#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, 179-26 Residential Lots of Record , Subsection A, deleting the word "building", and insert new language in last sentence. Subsection B inset the word "yard"between"depth, and or"and new language: 179-26. Residential lots of record. A. One (1) single-family dwelling may be erected on any lot, regardless of a common ownership with that of adjoining land located in the same residential district which, as of May 7, 1973, contained at least fifteen thousand (15,000) square feet and had a minimum frontage of one hundred (100) feet and complied with the rules and regulations of the Planning Board, if any, in effect at the time of endorsement and provided, further, that the proposed structure is to be located on such lot so as to conform to the minimum requirements of front, rear and side yard setbacks and to all other requirements for such structures in effect at the time of Plan endorsement; provided, however, if there are no applicable setbacks, the front yard shall be 30 feet and the side and rear yards shall be 20 feet. B. Certain lots are exempted from current dimensional requirements by MGL C. 40A, - 6. In addition, any increase in lot area, width, depth, yard or frontage requirements shall not apply to erection, extension or alteration or moving of a structure on a lot not meeting current dimensional requirements, provided that, as of June 25, 1978, such lot was a legal building lot and had lot area of at least five thousand (5,000) square feet and street frontage of at least fifty (50) feet. Any structure to be located on such lot shall conform to the setback requirements in effect at the time of plan endorsement; provided, however, if there are no applicable setbacks, the front yard shall be 20 feet and the side and rear yards shall be 10 feet. Article#27 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" 179-2 Definitions, Subsection B, to deleting the definition of the word "STRUCTURE" in its entirety and replace. STRUCTURE -- A combination of materials for occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, shelters, piers, wharves,bin, fence, sign or the like. and replacing it with the following: STRUCTURE—A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fences over six feet high, sign, flagpole, recreational tramway, mast for radio antenna, or the like. The Page 2 of 6, meeting notice of 3-15-2005 word "structure" shall be construed, where the context requires, as though followed by the words, "or part or parts thereof', consistent with the Massachusetts State Building Code, 61h Edition. Article#28 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" 179-2 Definitions, Subsection B, to add the word "or structure" after the words "building wall" in each of the following three definitions: Yard, Front—A space extending the full width of the lot between the front line of the nearest building wall "or structure" and the front line. Yard, Rear—A space, unoccupied except by an accessory structure or accessory use as herein permitted extending for the full width of the lot, between the rear lot line of the building wall "or structure" and the rear lot line. Yard, Side—An unoccupied space extending for the full length of a building between the nearest building wall "or structure" and the side lot line. Article#29 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" 179-2 Definitions, Subsection B, to add the word"natural" after the word "adjacent" in the following definitions: HEIGHT—The vertical distance from the mean level of the adjacent natural ground to the top of the structure, measured at the highest roof beams of a flat roof or the highest gable or slope of a hip roof. Article No.30 To see if the Town will vote to amend the Code of the Town of Brewster , Massachusetts by amending Chapter 179—52- Variances., Paragraph A by deleting the word "including" and substituting the word "excluding"therefore in the first sentence of that paragraph, so that the first sentence of that paragraph which currently reads: "A. 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." will read as follows if this Article is approved: "A. The Board of Appeals may hear and decide appeals or petitions for variances from the terms of this chapter excluding variances for use, with respect to particular land or structures." ARTICLE NO. 31 . To see if the Town will vote to amend the Code of the Town of Brewster , Massachusetts by amending Chapter 179— 11 (B.), Table 1, Use Regulations, to Add "P" under"I" under Residential the line designated: "#2. Commercial parking lot or structure" in its entirety and insert in its place the following the following new language in a new Paragraph 22.as follows: R-R R-L R-M C-H V-B I MRD PW SCF 2. 1-family dwelling unit for the o - - - P P P - - Page 3 of 6, meeting notice of 3-15-2005 personnel for the protection of property a safe operation of the permitted provided that the dwelling unit attached to the structure housin the permitted use and that it me other pertinent requirements of chapter and said use to be permitted in C-H District Article# 32 To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by deleting Chapter 179, Section 67(A)(1) in its entirety and inserting in its place the following new language in a new Paragraph (A)(1), as follows: Delete as currently written: A. Transportation standards. (1) Proposed uses shall not degrade the existing levels of service of surrounding roads and intersections, including Route 6A, below Level of Service (LOS) C, based on summer peak-hour traffic volumes. This level of service for Brewster's roadways and intersections surrounding Route 6A and for Route 6A has been defined in the Route 6A Corridor Study, prepared by TAMS Consultants, Inc., June 1992. This study is available in the town offices (Planning Board and Board of Selectmen). When the existing LOS is below LOS C, the proponent shall maintain or improve performance indicators. And insert the following new Language: A. Transportation standards. (1) Proposed uses shall not degrade the existing levels of service of surrounding roads and intersections, including Route 6A, below Level of Service (LOS) C, based on summer peak-hour traffic volumes. The capacity and level of service for Brewster's roadways and intersections surrounding Route 6A and for Route 6A shall be computed as follows: A Base Year capacity and level of service analysis shall be computed for the roadway network including site driveways, site access links and intersections (if appropriate). LOS analysis shall include heavy vehicle percentages as measured and where appropriate. Performance indicators such as delay, travel time, volume/capacity ratio, queue length, and traffic density, shall be documented. A weave, merge, diverge and ramp road segment analysis shall be included where applicable. Also, departure lane merge capacity shall be addressed as required and saturation flow rates adjusted accordingly. These analyses shall be performed using the most recent Highway Capacity Manual, and any updates published by the Transportation Research Board. If computer software is used for intersection analysis, the permitting authority reserves the right to approve the type and version of computer software used for the analysis. When the existing LOS is below LOS C, the proponent shall maintain or improve performance indicators. Page 4 of 6, meeting notice of 3-15-2005 Article No. #:25 To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, by amending Chapter 179, Section 16, Table 3, to amend the following column as currently written by deleting the word"Interior" in the title, amend "20" and "15" from column and to add a footnote to Table 3: Currently written: Maximum Percentage of Total Interior Floor Area to Lot's buildable uplands (percent) C-H 20 V-B 15 Amendment: Maximum Percentage of Total Floor Area to Lot's buildable uplands (percent) C-H 80* V-B 60* And by adding above the term "NOTES" the following footnote: *Total Floor Area shall mean the sum (in square feet) of the area at each floor level, including cellars, basements, mezzanines, penthouses, corridors, lobbies, and other spaces that are included within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all stories or areas that have floor surfaces with clear standing head room (6 feet, 6 inches, minimum) regardless of their use. Also included are enclosed storage buildings. Where a ground level area, or part thereof, within the principal outside faces of the exterior walls is left unenclosed, the gross floor area of the unenclosed portion is said to be considered as a part of the overall square footage of the building. All unroofed areas are to be excluded from the area calculations. 8:OOPM Continued LEGAL HEARING — SPECIAL PERMIT #SP2005-01 — CORRIDOR OVERLAY PROTECTION DISTRICT BYLAW — Colson - Located at 52 Commerce Park, on Assessors' Map 46, Lot 41-4— New metal garage (36' x 45') for storing vehicles & equipment for landscape business. Page 5 of 6 , meeting notice of 3-15-2005 Review of FYI items. Any other business that may come before this Board. 1 SignatureAdm. ClerlJSec ISate Posted S.A.P. Cancelled Rescheduled Meeting By Whom Page 6 of 6, meeting notice of 3-15-2005 MEETING NOTICE The PLANNING BOARD Committee Name Will hold a LEGAL HEARING Type of Meeting On Tuesday March 15. 2005 7:OOPM. Day Month Date Year Time At BREWSTER TOWN OFFICE BUILDING Location AGENDA 7:I0PM LEGAL HEARING—SPECIAL PERMIT#SP2005-04—CORRIDOR OVERLAY PROTECTION DISTRICT BYLAW—Crossroads for Kids - Located at 46 Featherbed Lane, on Assessors' Map 38, Lot 36— Construct 35' x 65' open program pavilion, seasonal use at summer camp. Review of FYI items. Any other business that may come before this Board. g atu eAdm. Clerk/Sec Date Posted S.A.P. Cancelled Rescheduled Meeting By Whom 9 e: 0lb Z 83� SiO. 4 ��1 :f1SM389