Town of Provincetown

Public Notice

Amendments to the Provincetown Zoning By-Laws

April 2006 Annual Town Meeting

 

Notice is hereby given that the following amendments to the Provincetown General By-Laws, as voted by the April 3, 2006 Annual Town Meeting, were approved by the Massachusetts Attorney General on July 10, 2006.  This notice is published pursuant to Massachusetts General Law 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 02657.  By-laws are also available for viewing at the Town web site www.provincetown-ma.gov.

 

            Article 21.            Zoning By-law Amendment: Growth Management I. To amend Section 6500 Table of Use Categories and Priorities so that it reads as follows, with additions shown in italics and deletions in strikethrough:

GENERAL USE CATEGORY 1

      1a. Affordable Housing Units

      1b. Medium Income Community Housing Units

      1c. Middle Income Community Housing Units

GENERAL USE CATEGORY 2

      The non-affordable housing components of project consisting of:

      2a1    Multi-family dwellings projects that consist of 50%-99% affordable housing

      2a2   Two-family dwellings projects that consist of 50%-99% affordable housing

      2a3   Single-family dwelling projects that consist of 50%-99% affordable housing

      2b1   Multi-family dwelling projects that consist of 33%-49.9% affordable housing

      2b2   Two-family dwelling projects that consist of 33%-49.9%affordable housing

      2b3   Single-family dwelling projects that consist of 33%-49.9% affordable housing

GENERAL USE CATEGORY 3

      3a1    Single-family dwelling, one per lot 

      3a2    Single-family dwelling, two per lot, each in a separate structure

      3a3    Single-family dwelling, three or more per lot, each in a separate structure  

      3b1    Two-family dwelling, one per lot 

      3b2    Two-family dwelling, two-per lot, each in a separate structure

      3b3    Two-family dwelling, three or more per lot, each in a separate structure  

      3c      Manufactured Home developments    

      3d      Cluster development

      3e      All other new residential uses, or expansions or alterations to existing residential             structures or uses, that result in increased Title 5 flow.

3a.  Expansions or alterations to existing residential structures or uses that result in increased Title 5 flow, not to exceed the Title 5 Design flow pursuant to 310 CMR 15.203(2) for one bedroom per year per applicant not to exceed a total of 330 gallons per year.

3b.  Single family dwelling, one per lot; two family dwelling, one per lot.

3c. All other market rate residential projects without affordable housing components that result in increased Title 5 flow.

GENERAL USE CATEGORY 4

4a   Office, Artists’ Studio, For profit Nursing home, For profit Outpatient Rehabilitation Facility     

4b   Boarding, Lodging or Tourist Homes     

4c   Hotel, Motel, Inn, Camp, Cabin 

4d   Restaurant and Bar 

4e   All other uses, expansions or alterations to existing structures or uses and any change in use or increase in posted occupant load that results in increased Title 5 Design Flow.

 

Article 22.            Zoning By-Law Amendment - Growth Management II. To amend Section 6600 Growth Limitation Goal Limitation Allocations as follows, with added text shown in italics and deleted text shown in strikethrough:

Section 6600 Growth Limitation Goal Allocations

  1. Initially, 13,200 gpd shall be allotted for assignment for Use Category 1a. Thereafter, unassigned gallonage allotment shall be as follows in the order listed. all 1. All unassigned gallonage remaining at the end of each calendar year for General Use Category 1a shall be allotted for assignment in the next calendar year for Use Category 1a. 2. Unassigned gallonage remaining at the end of each calendar year for General Use Categories 1b, 1c, and 2, 1b and 1c shall be allotted for assignment in the next calendar year for those same categories, respectively (1b to 1b, 1c to 1c, and 2 to 2 1b to 1b and 1c to 1c). 3. One quarter of the unassigned gallonage remaining at the end of each calendar year for General Use Categories 3 and 4 shall be allotted for assignment in the next calendar year for Use Category 1a; two quarters of said remaining unassigned gallonage shall be so allotted for Use Category 1b; and one quarter of said remaining unassigned gallonage shall be so allotted for Use Category 1c. 4. One half of the unassigned gallonage remaining at the end of each calendar year for General Use Category 2 shall be allotted for assignment in the next calendar year for Use Category 2 and one half of said remaining unassigned gallonage shall be so allotted for Use Category 3. On the effective date of this zoning by-law amendment and on the anniversary thereof in 2005, 2006, 2007 and 2008, 550 gallons per day shall be added to the allotment for Use Category 1a, provided that prior to each such anniversary, the Board of Selectmen shall have made a finding that the Town is in compliance with the water withdrawal permit issued by the Department of Environmental Protection (“DEP”) pursuant to 310 CMR 36.00 and all applicable rules and regulations promulgated by DEP with respect thereto.  

1a. On the effective date of this zoning by-law amendment and on the anniversary thereof in 2005, 2006, 2007 and 2008, 1,100 gallons per day shall annually be added to the allotment for Use Category 1b, provided that prior to each such anniversary, the Board of Selectmen shall have made a finding that the Town is in compliance with the water withdrawal permit issued by the Department of Environmental Protection (“DEP”) pursuant to 310 CMR 36.00 and all applicable rules and regulations promulgated by DEP with respect thereto.

1b. On the effective date of this zoning by-law amendment and on the anniversary thereof in 2005, 2006, 2007 and 2008, 550 gallons per day shall annually be added to the allotment for Use Category 1c, provided that prior to each such anniversary, the Board of Selectmen shall have made a finding that the Town is in compliance with the water withdrawal permit issued by the Department of Environmental protection (“DEP”) pursuant to 310 CMR 36.00 and all applicable rules and regulations promulgated by DEP with respect thereto.

1c.  On the effective date of this zoning by-law amendment and on the anniversary thereof in 2007 and 2008, 990 gallons shall be allocated for assignment to Use Category 3a for projects where Completed Applications were filed prior to March 31, 2005.  

  1. The Growth Limitation Goal shall be allocated for categories 2, 3 and 4 each year as follows:

                  (a.) 1,870 gpd shall be allocated for assignment under General Use Category 2.

                  (b.) 1,100 gpd shall be allocated for assignment under General use Category 3.

                  (c.)  700 gpd shall be allocated for assignment under General Use Category 4.

  1. Gallonage in the Surplus Gallonage Pool at the end of each calendar year shall be available for allotment in subsequent calendar years to General Use Category 5.
  2. Annually, by November 15, the DPW Director, Water Superintendent, Permit coordinator, Planning Board, Board of Health, Water & Sewer Board, Local Housing Partnership and the Local Comprehensive Plan Implementation Committee shall evaluate the effects of growth on our resources including but not limited to potable water supply, solid waste disposal and wastewater disposal and issue a report to the Board of Selectmen on those impacts and their recommendations therefore.  The Board of Selectmen shall hold a Public Hearing on the report in December of each year.

 

            Article 23.            Zoning By-Law Amendment: Surplus Gallonage Pool. To amend the Zoning By-laws, Section 6600(3) to make gallonage in the Surplus Gallonage Pool available for allotment to Category 5 (Economic Development pursuant to an Economic Development Permit) gallonage available as soon as it is added to the Surplus Gallonage Pool, rather than at the end of the calendar year, by amending said section to read as follows: “3. Gallonage in the Surplus Gallonage Pool shall be allocated to General Use Category 5 as such gallonage accrues.”

 

            Article 24.            Zoning By-law Amendment: Animal Shelter. To amend the Provincetown Zoning By-Laws, by adding the following definition to Article 1 Definitions: “Animal Shelter shall refer to a non-profit public animal control facility or any other facility which is operated by any organization or individual for the purpose of protecting animals from cruelty, neglect or abuse;” and further by amending Section 2440 - Table of Permitted Principal Uses as follows: "In category F Other Principal Uses, to add line F3b Animal shelter, so that the line reads as follows:

F.

Other Principal Uses

Res1

Res2

Res3

ResB

TCC

GC

S

M

F3b

Animal shelter

NO

NO

BA

NO

NO

NO

NO

 

 

Doug Johnstone

Provincetown Town Clerk

Published: Provincetown Banner July 20 & 27, 2006

Posted: www.provincetown-ma.gov 7/17/06 9:00 am dj