Planning Board Public Hearing
Judge Welsh Hearing Room, Town Hall
Members
Present: Anne Howard, Ellen Battaglini and Kevin Rich
Members
Absent: Howard Burchman
Staff
Present: Maxine Notaro, Permit Coordinator and Matt Mulvey,
Meeting called to
order at
Site Visit
Site visit
Case 2007-05 Site Plan Review (Continued from
Application by John DeSouza under Article 4, Section 4100 of the Zoning
Bylaws for Dwelling Units and Commercial Accommodations. The applicant seeks approval to create a
fourth dwelling unit on the lot at the property located at
Motion: to approve Site
Plan conditioned upon receipt of letter from Lewis DeSouza with appropriate
stamp saying he is a registered land surveyor or engineer.
Moved: Joe DeMartino Second: Kevin Rich Vote: 4:0:0
Case 2007-06 Site Plan Review (Continued from
Application by Cassandra Benson and Geraldine Anathan of behalf of
White Sands Beach Club, Inc. under Article 4, Section 4100 of the Zoning Bylaws
for Dwelling Units and Commercial Accommodations. The applicants seek approval to convert an
existing 12-unit motel building into 12 residential units and to add a second
story to an existing structure at the property located at
All variances have been received from all town boards.
Motion: to approve Site
Plan as presented with the condition that $10,000 be put into escrow for
road/driveway/access improvements and speed bumps.
Moved: Kevin Rich Second: Ellen Battaglini Vote: 4:0:0
Motion: to take agenda
items out of order
Moved: Kevin Rich Second: Ellen Battaglini Vote: 4:0:0
Request for Approval Not Required Pre-Application
Chet Lay of Slade Associates on behalf of Robert P. Fiset and Donald N.
Fiset for an Approval Not Required for consolidation of several parcels of land
for registration in
Site visit scheduled for
Approval Not Required Application
John McElwee of Felco, Inc. on behalf of Bradford Montello Realty Trust
to discuss creating two lots from one lot at the property located at
Motion: to continue until
Moved: Kevin Rich Second:
Joe DeMartino Vote: 4:0:0
Public Hearing on Zoning
Bylaws
No one from the public attended.
Article 6
Route 6 Layout Alteration and Perfecting Title
to
Motion: to recommend Article 6 Special Town Meeting
Moved: Kevin Rich Second: Joe DeMartino Vote: 4:0:0
Article 8
4170 Change of
Use Any and all change of use on a
lot from a non-residential use or a
mixed-use that is predominantly non-residential to a residential use or a
mixed-use that is predominantly residential,
or or from a boarding, lodging or tourist homes use or a
mixed-use that is predominantly a boarding, lodging or tourist homes use to a
residential use or a mixed-use that is predominantly residential, regardless
whether other Special Permits or Variances are required, must obtain an Affordable Housing Permit
and complycomply with the following conditions:
i. Such change of use shall be authorized with a Special
Permit from the Zoning Board of Appeals as provided for in Section 5300, which
may require a Development Impact Statement as specified in Article 5, Section
5331.
ii. Obtain a
finding of compliance with Title V of the State Sanitary Code, as determined by
the Board of Health, such compliance to be certified by a Registered Engineer.
iii. Such
change of use resulting in the creation of five (5) or more dwelling units
shall be required to set aside a minimum of 33% of the total number of dwelling
units for Affordable Housing or Community Housing as defined
in Article 1 of these By-laws, or a combination of Affordable Housing
and Community Housing. The mix of Affordable Housing and Community Housing
shall be determined by the
iv. The
project must comply with the provisions of Article 4, Section 4100.
v. Developments may not be phased, subdivided or
segmented to avoid compliance with the conditions or provisions of this by-law.
v. vi. None of the above shall
relieve the applicant of complying with other provisions of these By-Laws.
or
to take any other action relative thereto.
[Requested by the
Joe DeMartino strongly opposes this article because
it is financially unfeasible. Kevin Rich opposes this article because he thinks
it is still flawed even with changes.
Motion: to not recommend Article 8 Special Town Meeting
Moved: Joe DeMartino Second: Kevin Rich Vote:
4:0:0
Article 9 strikethrough; added text shown in underline):
4170 Change of Use/Non-Residential to Residential Use Conversions
1. Purpose and
Intent
The purpose of
this by-law is to establish special permit requirements for changes of use from
commercial to residential use and to minimize adverse impacts on the community
from such development. In addition, this by-law is intended to create
additional affordable housing opportunities for
2. Applicability
Any The following types of
change of use on a lot shall require Special Permit authorization
from the Zoning Board of Appeals as provided for in Article 5, Section 5300:
(a) (a)
Any change of use from a non-residential use to a residential use, or
(b) (b)
Any change of use from a boarding, lodging or tourist homes use, to
a residential use; and
(c) (c)
Any change of use involving mixed
use development that alters the existing mix of uses such that a predominantly
non-residential development becomes predominantly residential.
3. Requirements
The Zoning Board
of Appeals, as a condition of any development referred to in Section 2(a)-(c)
shall require that the applicant for special permit approval comply with the
following requirements regardless
whether other Special Permits or Variances are required, must comply with
the following conditions:
i.(a) Such change of use shall be authorized with a
Special Permit from the Zoning Board of Appeals as provided for in Section
5300, which may require a Development Impact Statement as specified in Article
5, Section 5331.
ii(b) The applicant shall Oobtain a
finding of compliance with Title V of the State Sanitary Code, as determined by
the Board of Health, with such compliance to be certified by a
Registered Engineer.
iii.(c) Any
Ssuch change of use resulting in the creation of five (5) or more
dwelling units shall be required to set aside a minimum of 33% of the total
number of dwelling units for provide aAffordable
hHousing as defined in Article 1 of these By-laws and more
fully described below in Section 4 Provision of Affordable Units.
iv.(d) The project
must comply with the provisions of Article 4, Section 4100.
v. (e) None
of the above shall relieve the applicant of complying with other provisions of
these By- Laws.
4. Provision
of Affordable Units
Any special
permit application for a change of use requiring an affordable housing provision
pursuant to Section 3(c) above shall comply with the following requirements for
affordable units. For the purpose of calculating the 20% affordable housing
contribution, all numbers shall be rounded to the nearest whole number.
(a) At least 20%
of the units created shall be established as affordable housing units in any
one or combination of methods provided for below:
(1) The
affordable housing units shall be constructed or rehabilitated on the locus
subject to the special permit (see Section 5); or
(2) constructed or rehabilitated on a locus
other than the one subject to the special permit (see Section 7); or
(3) an
equivalent fees-in-lieu-of-payment may be made (see Section 8); or
an applicant may offer, and the ZBA may accept, donations of land in fee
simple, on or off site, that the ZBA in its sole discretion determines are
suitable as of right for the construction of affordable housing units. Land
donated shall be comparable to the locus subject to special permit in terms of
access and proximity to public amenities.
The applicant
may offer, and the ZBA may accept, any combination of the Section 4(a)
requirements provided that where an applicant meets the requirements through an
off-site provision or cash contribution, the total number of affordable units
provided exceeds the number or value required by this by-law.
5. Provisions Applicable to Affordable Housing Units On-and Off-Site
(a) (a)
Siting of affordable units. All
affordable units constructed under this by-law shall be situated within the development
so as not to be in less desirable locations than market rate units in the
development and shall, on average, be no less accessible to public amenities as
the market-rate units.
(b) (b)
Minimum design and construction for
affordable units. Affordable housing
units within market rate developments shall be integrated with the rest of the
development and shall be compatible in design, appearance, construction and
quality of materials with other units.
Where feasible, interior features of affordable units shall comply in
all respects to the minimum design and construction standards set forth in the
Local Initiative Guidelines by the Department of Housing and Community
Development (DHCD) November 2006, or as amended. There shall be a similar
proportion of affordable and market rate units in developments with a mix of
unit/bedroom sizes.
(c) (c)
Timing of construction or provision
of affordable units or lots. The
development of on-site and off-site affordable housing units shall take place
at the same rate and timeframe as the development of market rate units.
1. 1.
Building permits for any phase
shall be issued at a ratio of 4 (four) market rate units to 1 (one) affordable
unit. Building permits for subsequent
phases will not be issued unless all the required affordable units in the
preceding phase are constructed. The last unit permitted and constructed shall
be a market rate unit.
2. 2.
The project may also be constructed
in its entirety with all permits issued at once provided that the occupancy permits
are issued at a ratio of 4 (four) market rate units to 1 (one) affordable
unit. The last occupancy permit to be
issued shall be for a market rate unit.
6. Distribution
Distribution of
affordability for rental or ownership units as Low Income Community Housing or
Moderate Income Community Housing shall be set as determined by the ZBA in
consultation with the Provincetown Local Housing Partnership.
7. Provision of
Affordable Housing Units Off-Site:
In lieu of
providing such units on site, an applicant subject to the bylaw may develop,
construct or otherwise provide affordable units equivalent to those required by
Section 4 off-site, provided that it
results in a greater number of affordable units than had they been created on
site. All requirements of this bylaw
that apply to on-site provision of affordable units shall apply to provision of
off-site affordable units. In addition, the location of the off-site units to
be provided shall be approved by the ZBA as an integral element of the special
permit review and approval process. The
off-site units shall be comparable to the on-site units in terms of proximity
and access to amenities. Providing
affordable units off-site does not allow an applicant to increase the number of
market rate units on site.
8.
Fees-in-Lieu-of Affordable Housing Unit Provision:
(a) In lieu of
providing such units or lots on site, an applicant may provide a cash
contribution of equivalent value that a) has a plan acceptable to the ZBA to
expend those funds within the same time frame as the applicant’s development,
and b) will result in a greater number
of units than had they been created
on site. The method and timing of the payment(s) shall be secured as a
condition of special permit approval.
Providing a cash contribution in lieu of
providing affordable units on site does not allow an applicant to increase the
number of market rate units on site.
Equivalent value
will be determined through one of the following methods: a) for
ownership projects, the difference between the affordable sales price(s) and
the appraised market sales price(s) of similar bedroom units within the
project; and b) for rental projects, the difference in appraised value between
the value of the project with and without the affordable units. The appraiser will
be selected by the ZBA and paid for by the applicant.
Maximum
incomes and sales prices are set forth in Article 1 Definitions. It is intended
that the affordable housing units created under this by-law be considered as
Local Initiative Units or Local Action Units in compliance with DHCD
requirements.
10. Preservation of Affordability; Use
Restrictions:
(a) Affordable
housing units created in accordance with this by-law shall use affordable
housing restrictions that are recorded at the
(b) The ZBA shall
require, as a condition for special permit under this bylaw, that the applicant
comply with the mandatory set-asides and accompanying restrictions on
affordability, including the execution of the affordable housing restriction
noted in Section 10(a) above. The Building Commissioner shall not issue an
occupancy permit for any affordable unit until the affordable housing
restriction is recorded.
11. Segmentation - Developments may not be phased or segmented to avoid compliance with
conditions or provisions of this by-law.
The provisions of this bylaw shall be considered
supplemental of existing zoning bylaws/ordinances. To the extent that a
conflict exists between this bylaw and others, the more restrictive bylaw, or
provisions therein, shall apply.
13. Severability
If any provision of this bylaw is held invalid
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
or
to take any other action relative thereto.
[Requested by the Planning Board]
Kevin Rich feels that this is a far more
comprehensive article and closes loopholes. Joe DeMartino strongly supports
this article as more comprehensive and flexible. Ellen Battaglini voiced
support.
Motion: to recommend Article 9 Special Town Meeting
Moved: Joe DeMartino Second: Kevin Rich Vote:
4:0:0
Article 16 strikethrough.
(1) Modify line B4f, B5 and B8
of Section 2440 Permitted Principal Uses so that it reads as follows:
2440 Permitted Principal Uses
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Residential |
Commercial |
Seashore |
Public
Use |
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Res1 |
Res2 |
Res3 ResB |
TCC |
GC |
S |
M |
|
A. |
Residential |
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A1a |
Single Family
Dwelling |
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1. one per lot |
YES |
YES |
YES |
YES |
YES |
NO |
NO |
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2. two per lot
(each separate structure) |
NO |
BA |
YES |
YES |
YES |
NO |
NO |
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3. three or
more (each separate structure) |
NO |
NO |
YES8 |
YES8 |
YES8 |
NO |
NO |
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A1b |
Two Family
Dwelling |
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1. one per lot |
NO |
YES |
YES |
YES | |||