Town of Provincetown

Public Notice

Amendments to the Provincetown Zoning By-Laws

November 2006 Special Town Meeting

Notice is hereby given that the following amendments to the Provincetown General By-Laws, as voted by the November 13, 2006 Special Town Meeting, were approved by the Massachusetts Attorney General on December 11, 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 2. Zoning By-Law Amendment: Growth Management Surplus Gallonage Pool. To amend the Zoning By-laws, Section 6600(3) to add an initial amount to the Surplus Gallonage Pool available for allotment to Category 5 (Economic Development pursuant to an Economic Development Permit), by adding the italicized language so that said section reads as follows: “3. Initially, 5,000 gpd shall be allotted for assignment for General Use Category 5. Gallonage in the Surplus Gallonage Pool shall be allocated to General Use Category 5 as such gallonage accrues.”

Article 12. Zoning By-Law Amendment: Growth Management Change of Use: Affordable Housing Requirement. To amend the Provincetown Zoning By-laws to allow a change of use from non-residential use to residential use through the issuance of a Special Permit by the Zoning Board of Appeals, contingent upon the lot complying with Title V of the State Sanitary Code and the requirement that the creation of 5 or more new dwelling units will include an affordable housing and/or community housing set-aside of 33%, by

(a) adding the italicized language so that said Section 4100 reads as follows:

“Section 4100 Dwelling Units and Commercial Accommodation The following requirements shall apply to new development for multi-family dwellings or commercial accommodations, or to conversion of existing premises through change in use (see 4170), occupancy, tenure or structure to result in use for more dwellings or guest units than as of July 1, 1978, or to construction or conversion resulting in three or more dwelling units on a lot. Where other provisions of this By-Law or other controls are more restrictive, those more restrictive requirements shall apply and take precedence.”;

(b) by changing the numbering sequence for Article 4 Sections 4170 and 4180, so that said Section 4170 shall be renumbered as Section 4164 and said Section 4180 shall be renumbered as Section 4165;

“4170 Change of Use Any change of use on a lot from a non-residential use or a boarding, lodging or tourist homes use, to a residential use other than a boarding, lodging or tourist homes use, regardless whether other Special Permits or Variances are required, must comply 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 Zoning Board of Appeals, in consultation with the Provincetown Local Housing Partnership.

iv. The project must comply with the provisions of Article 4, Section 4100.

v. None of the above shall relieve the applicant of complying with other provisions of these By-Laws.”

Doug Johnstone

Provincetown Town Clerk

Published: Provincetown Banner December 21 & 28, 2006

Posted: www.provincetown-ma.gov 12/13/06 1:45 pm dj