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HomeMy Public PortalAboutPlanning Board -- 2009-02-25 AgendaMEETING NOTICE TOWN OF BREWSTER The PLANNING BOARD Committee Name will hold a Regular Meeting Type of Meeting on Wednesday February 25 2009 7:OQ''P,M. Day Month Date Year Time at BREWSTER TOWN OFFICE BUILDING 2198 Main Street Brewster MA Location AGENDA PUBLIC LEGAL HEARING: The Public Hearing will be held for consideration of Zoning Bylaw changes to be submitted as 3 separate Articles on the Town of Brewster's Spring Town Meeting Warrant on May 4, 2009. The proposed Zoning Bylaw amendments are as follows: I. Home Occupations: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179-2 by making the following changes to the definition of Home Occupation shown in strikethrough for deletion and bold for addition: HOME OCCUPATION - An accessory use to be carried on entirely within a dwelling unit, accessory building or buildings, ' ~ by the occupants of the dwelling unit with e limn}be~e€ no more than two nonresident employees, not in any manner changing the primary residential character of the Ding property. And further to amend the Town of Brewster Zoning By-laws Section 179-37 by making the following changes to the Home Occupation regulations shown in strikethrough for deletion and bold for addition: § 179-37. Home occupations. ~ A. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance, light trespass or in-an3~-etl~er~vay other circumstances. F B .Building used for home occupations shall not have any design feature that is not customary for residential buildings. A C. No more than €e~ two nonresidents shall be employed therein. I4 D. The use is carried on strictly within the building on the premises or the accessory building or buildings. E E. o . The area used for the home occupation shall not exceed 40% of the existing floor area of the principal building and the accessory building or 499 square feet, whichever is lesser. ~e~~ C F. Items produced elsewhere shall not be brought to the premises for purposes of sale. I=I G. Such uses as clinics, barbershops, bakeries, gift or antique shops, beauty parlors, tearooms, tourist homes, animal hospitals, kennels and others of a similar nature shall not be considered to be home occupations. Home Occupations: Summary This would make several changes to the Home Occupation by-law and definition that would clarify the intent of the by-law and allow home occupations in accessory structures as well as premises. Page 1 of 2 2. Sand & Gravel Operations - "Housekeeping Change" laws Section 179-39 (Sand and Gravel Operations) To see if the Town will vote to amend the Town of Brewster Zoning By- by Deleting the letter "Q" at the end of the sentence in Section 179-39.2 paragraph B3(e) (Procedures; Application Information) and adding the letter "O," And further in Section 179-39.4 (Conditions and Restrictions) paragraph N, delete the words "ab initio" at the end of the last sentence, and add "from the date of transfer or chanthe dat ofatranslfertor change ntcontractual interest ads: "Failure to do so will render the special permit null and void from or take any other action relative thereto. Sand & Gravel Operations - "Housekeeping Change": Summary The first change corrects a typographical error in the existing text. The second change removes a legal term and replaces it with language that will be clearer to the general public. 3. Accessory Apartment - "Housekeeping Change" To see if the Town will vote to amend the Town of Brewster Zoning By-laws by deleting Note 14 on Table 2 (Area Regulations). The current note reads: An owner-occupied building containing two d ncludin nnot more than~one held oom, ackitchen, lva g oom and bathfl hall living area not exceeding 600 square feet, and g be allowed by a special permit granted by the B owner ofpecord onua year--rlound basi b e xcept for bona fideetemporalry ~ either dwelling unit is occupied by the property owner's immediate absences during which the unit is not rented. The apartment shall be restricted to use by the property family, including in-laws (mother, father, sister, brother), and/or a health care professional providing a service to the above family and is defined as a "dwelling, one-family, with accessory apartment. Or take any other action relative thereto Accessory Apartment - "Housekeeping Change: Summary This is a housekeeping item. The text should have been removed when Section 179-42 was amended in 2007. The information in the note is now contained within the text of the by-law. The text of the proposed bylaw is available to inspect in the Town Clerk's office, the Planning Board's office, and online at the Town of Brewster's website (www.town.brewster.ma.us). Other Business: - Review Minutes: January 14, 2009 - Review Sand & Gravel Special Permit Application and fee - Develop agenda for a joint meeting with the ZBA - Review and discuss the draft Housing Production Plan prepared by the CPC The Application and plans are available to view in the Planning Board and/or Town Clerk's office. Any other business that may come before this Board. p std Ad ~ .Cle dJayanne i By Wh m: Meeting Cancelled/Re-Scheduled Date Rescheduled ~~: l l1J 6 ~ ci3~ 5'~, This meeting will be held in a wheelchair accessible room. If you require other co modations or assistance, please notify the party conducting this meeting in advance of the meeting d e. Page 2 of 2