Planning
Board Public Meeting
Wednesday, March
2, 2005
Judge Welsh
Hearing Room, Town Hall, Provincetown, MA 02657
Members Present: Anne Howard,
Chair, Howard Burchman and Ellen Battaglini.
Staff Present: Doug Taylor,
Building Commissioner/Staff Liaison
Maxine Notaro,
Permit Coordinator
Meeting
was called to order at 7:00 p.m.
386 & 390 Route 6
William
N. Rogers II, P.E., P.L.S., on behalf of Outer Edge Nominee Trust, Miriam A.
Collinson, Trustee for a Preliminary Subdivision Plan.
Respectfully
requested postponement until March 16, 2005 meeting so that applicant could
have her attorney present.
Ellen
Battaglini made a motion to approve postponement. Howard Burchman seconded and
it passed 3:0:0.
10 Telegraph Hill
William
N. Rogers on behalf of Roberta Cornette and Evelynn Gentemann, to discuss
proposed deck construction in High Elevation Protection District.
It
was decided that Mr. Rogers would present preliminary sketch and Board members
would conduct a site visit.
Doug
Taylor presented proposals for possible zoning amendments to be presented at
Town Meeting.
Definitions
Corner lot-
A building erected on a corner lot shall be required to have the two or more
yards adjoining the streets equal in depth to the required front yards on such
streets. As defined, the lot line opposite the shorter of the front lot lines
(if equal in width, that lot line parallel to the predominant street) shall be
deemed a rear lot line and the remaining lot line shall be a side lot line.
Ellen
Battaglini made a motion to forward to Board of Selectmen. Howard Burchman
seconded and it passed 3:0:0.
Lots in More Than One Zone-Where one or more zone boundary line divides a lot in one
ownership of record, regulations for the less restricted portion or portions of
such lot shall not extend into the more restricted portion or portions.
Ellen
Battaglini made a motion to take no action. Anne Howard seconded and it passed
3:0:0.
3420 Outside Display (requested by ZBA) In all
districts of town there shall be no mechanical display or exhibit, or display
of any type of merchandise or wares, for the purpose of advertisement, sale, barter, or exchange, or as an inducement thereof, outside of, upon, or against any
building or screened or open porch, or booth, or vehicle,
or cart, or contiguous land, or premises unless a Special Permit for said
display is first granted by the Board of Zoning Appeals, or specifically
excepted as hereinafter provided. Effective April 1,
1990, all exterior displays or exhibits must have a Special Permit from the
Zoning Board of Appeals.
A Special Permit for Outside Display may be issued for a period of three
calendar years after filing an application with the Board of Zoning Appeals and
a copy thereof with the Town Clerk. The Special Permit shall specify the number
and generic type (e.g. clothing, children's toys, newspapers and magazines,
lawn care machinery, etc.) of items to be displayed and the location thereof
indicated on a drawing or plan; any change in content (i.e. different generic
items) shall require a new Special Permit.
The Special
Permit may be granted by the Board of Zoning Appeals:
(a) only upon its written determination that the
proposed display does not create any adverse effect due to hazard or
congestion.
(b) only if the display is set back a distance of ten
(10) feet from the front property line and/or any street line;
(c) only if a majority of abutters within a 300 foot
radius have not submitted a petition objecting to the proposed display; and
(d) only if the proposed display has not been opposed
by a petition signed by 150 voters.
(e) only as an adjunct
display to, and for representative merchandise or wares of, a retail sales,
service or restaurant establishment.
The Special
Permit may be renewed for succeeding three‑year periods, however
violations may be considered as a basis for non‑renewal.
Exceptions:
A. Bazaars or functions for charitable purposes by
organizations existing in Town for a minimum of one year may be excepted for
periods not exceeding one week in any one year by any one applicant provided
that application is made to the Board of Selectmen and a license for said
activity is granted.
B. The sale of food and/or beverages served at table
with seating provided for patrons, provided that application is made to the
Board of Selectmen and a license for said activity is granted.
C. The sale of art produced by working artists at the
time and point of sale, including caricatures and portraits, provided that
application is made to the Board of Selectmen and a license for said activity
is granted.
D. This By‑Law shall not apply to artists
working in public while not engaged in commercial activity. Further, this shall
not be construed as to prohibit an artist from selling work in progress. And be
it resolved that the Licensing Board will develop and institute a licensing
policy for sidewalk artists consistent with the licensing of other vendors in
Provincetown.
E. The displaying and selling of
commodities (excluding food and beverage) by businesses and residents during
the weekend (Saturday and Sunday) in
May, except Memorial Day Weekend, of the "Monumental Yard
Sale", which shall be under the sponsorship of a local businesspersons'
organization; and an inventory sale
during Columbus Day Weekend (Saturday, Sunday, and Monday) in October.
No displays or sales shall take place within or upon public land, sidewalks or
roadways. Displays and sales shall only appear upon property of the
participants, whether jointly or independently. Displays and sales shall
not impede pedestrian traffic or cause concerns for the public's safety.
Howard
Burchman made a motion to forward to BOS. Ellen Battaglini seconded and it
passed 3:0:0.
2440 Permitted
Principal Uses
|
|
|
Residential |
Commercial |
Seashore |
Public Use |
|||
|
|
|
Res1 |
Res2 |
Res3 ResB |
TCC |
GC |
S |
M |
|
A. |
Residential |
|
||||||
|
A1a |
Single Family Dwelling |
|||||||
|
|
1. one per lot |
YES |
YES |
YES |
YES |
YES |
NO |
NO |
|
|
2. two per lot (each
separate structure) |
NO |
BA |
YES |
YES |
YES |
NO |
NO |
|
|
3. three or more (each separate structure) |
NO |
NO |
YES8 |
YES8 |
YES8 |
NO |
NO |
|
A1b |
Two Family Dwelling |
|
||||||
|
|
1. one per lot |
NO |
YES |
YES |
YES |
YES |
NO |
NO |
|
|
2. two per lot |
NO |
NO |
YES |
YES |
YES |
NO |
NO |
|
|
3. three or more per lot |
NO |
NO |
YES8 |
YES8 |
YES8 |
NO |
NO |
|
A2 |
Multi Family Dwelling |
NO |
NO |
YES8 |
YES8 |
YES8 |
NO |
NO |
|
A3 |
Boarding, lodging or
tourist homes |
NO |
YES |
YES |
YES |
YES |
NO |
NO |
|
A4 |
Nursing Home |
NO |
BA |
BA |
BA |
BA |
NO |
NO |
|
A5 |
Manufactured home park or
subdivision |
NO |
NO |
NO |
BA |
BA |
NO |
NO |
|
A6 |
Cluster Development |
NO |
NO |
YES |
YES |
YES |
NO |
NO |
|
A7 |
Dwelling, Accessory
Apartment |
BA |
BA |
BA |
BA |
BA |
|
|
|
B. |
Business |
|
|
|
|
|
|
|
|
B1 |
Business or professional
offices, banks |
NO |
NO |
NO1 |
YES |
YES |
NO |
NO |
|
B2 |
Funeral Home |
NO |
NO |
NO |
YES |
YES |
NO |
NO |
|
B3 |
Hotel, motel or inn |
NO5 |
NO5 |
YES3 |
YES2 |
YES2 |
NO |
NO |
|
B4 |
Retail sales or service |
|
|
|
|
|
|
|
|
|
a. neighborhood |
BA |
BA |
BA |
YES |
YES |
NO |
NO |
|
|
b. art gallery |
NO |
NO |
YES |
YES |
YES |
NO |
NO |
|
|
c. motor vehicles sales,
rental or services 4 |
NO |
NO |
NO |
BA |
YES |
NO |
NO |
|
|
d. marine service, boat
sales |
NO |
NO |
NO |
YES |
YES |
NO |
NO |
|
|
e. package store |
NO |
NO |
NO |
BA |
BA |
NO |
NO |
|
|
f. all other retail |
NO |
NO |
NO |
YES17 |
YES17 |
NO |
NO |
|
B5 |
Restaurant, bar |
NO |
NO |
NO |
BA6 |
BA6 |
NO |
NO |
|
B6 |
Rental storage |
NO |
NO |
BA9 |
BA9 |
BA9 |
NO |
NO |
|
B7 |
Parking lots |
NO |
BA11 |
BA11 |
BA11 |
BA11 |
NO |
NO |
|
B8 |
Fast Order Food
Establishments (excluding those with seating for less than ten and which
occupy no more than a total of 500 square feet.) |
NO |
| |||||