Town of Provincetown

Public Notice

Amendments to the Provincetown Zoning By-laws

October 2004 Special Town Meeting

 

Notice is hereby given that the following amendments to the Provincetown Zoning By-laws as voted at the October 25, 2004 Special Town Meeting were approved by the Massachusetts Attorney General on December 16, 2004. This notice is published pursuant to Massachusetts General Laws c.40§32. Any claims that a zoning by-law is invalid because of a defect in the procedure by which the by-law was adopted or amended may only be made within ninety (90) days of this posting. Copies of the zoning by-laws may be examined and obtained from the Town of Provincetown, Office of the Town Clerk, 260 Commercial St., Provincetown, MA.  By-laws are also available for viewing at the Provincetown website: www.provincetown-ma.gov 

 

Article 3.            Zoning Amendment: Health Care Overlay District Rezoning. To amend the Provincetown Zoning By-laws and Zoning Map as follows:

I.          by renaming the “Highway Corridor Overlay District” (HCOD) in §2110, §2350 through §2356, and §6200 as the “Health Care Overlay District” (HCOD);

II.         by adding the following paragraph to §2352, District Boundaries, and making the appropriate change to the Zoning Map: “The boundaries of the HCOD shall be expanded to include those properties shown on a map, entitled "Health Care Overlay District, Provincetown, MA," dated February 4, 2004, which map is on file with the Town Clerk's office and hereby incorporated by reference into the Zoning By-laws. The properties shown on said map are bounded on southeast by the southern edge of Collyer Street from Alden to Winslow Streets, along the southwest by Winslow Street to Jerome Smith Road, along the northwest by Jerome Smith Road from Winslow to Alden Street, and on the northeast by Alden Street from Jerome Smith to Collier Street;”

III.       by amending §2353(b) to delete the word "Nonprofit" from the allowed uses set forth therein;

IV.      by adding, deleting or substituting the following to the Dimensional Regulations in Section 2354:

Minimum lot area: delete “5 acres” and substitute “2 acres”

Minimum frontage: delete “on Route 6”

add Maximum Number of Stories: three stories

add Maximum Height: 44 feet;

V.       by amending Section 2356 to delete the words "Nonprofit" and "not for profit" from the definitions of nursing home, convalescent home, assisted living facility and independent living units for senior citizens set forth therein; replace the citation to "G.L. c.190, § 3" in the definition of "Assisted Living Facility" with "G.L. c.19D, § 3"; replace the citation to "42 U.S.S. 3601" in the definition of "Independent Living Units for Senior Citizens" with "42 U.S.C. 3601"; delete the word “moved” in the definition of “Outpatient Rehab Facility;

VI.     by amending §6200.5 to delete the word “non-profit.”

 

 

Article 12.            Zoning Amendment: Adult Entertainment: To amend the Zoning By-laws as follows: By adding the following sentence at the end of both footnote 17 to Section 2440(B9) in the table of Permitted Principal Uses and footnote 3 to Section 2450(G15) in the table of Permitted Accessory Uses:

"Furthermore, all adult entertainment uses with establishments which display live nudity for its patrons must take place entirely indoors and in such manner as not to be observable from any abutting property, sidewalk or public way.”

 

 

Doug Johnstone

Provincetown Town Clerk

 

Published: Provincetown Banner: December 23 & 30, 2004

Posted:  Town Hall and www.provincetown-ma.gov  12/16/04 5:00 pm dj