Strikethrough = Language proposed for deletion Underline = Language proposed for inclusion
To see if the Town will vote to amend the Eastham Zoning Bylaw, SECTION II.A - ZONING DISTRICTS as follows:
DISTRICT C – An area to serve the industrial needs of the community.
DISTRICT D – A retail sales and/or service area.
NORTH EASTHAM OVERLAY DISTRICT I1 – An area overlying Districts A, C and D and a portion of District E, available for optional village-style mixed-use development, and as shown on the map entitled “Overlay District Vision Study” dated February 20, 2014 rev. March 5, 2014.
DISTRICT I2 – EASTHAM CORRIDOR SPECIAL DISTRICT
The purpose of the Eastham Corridor Special District (ECSD), as designated in Barnstable County Ordinance 17-12, is to enhance and protect the character of Eastham’s commercial areas, encourage mixed-use development, support and enhance the economy in North Eastham, improve bicyclist and pedestrian safety and access along the Route 6 corridor, minimize traffic conflicts and improve access management throughout the District, expand opportunities for creation of affordable housing, and adopt best management practices to manage nutrients discharged through stormwater within the District.
And to further amend
SECTION III – DEFINITIONS by inserting the following language
Accessory Dwelling Unit (ADU): Shall be a separate housekeeping unit containing independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Which may be incorporated within a lawful principal single-family dwelling or commercial structure or within a detached building accessory to and on the same lot as a lawful principal single-family dwelling or commercial structure which the ADU shall be clearly subordinate in design to that principal single-family dwelling.
And to further amend
SECTION V - USES as follows:
DISTRICT C – Manufacturing, assembling, processing, packaging, warehousing, storage and shipping of non-hazardous or non-toxic goods and materials; plumbing, electrical, carpentry or similar service and repair facilities; concrete batching plants; manufacturing of house framing, furniture and like products; repair shops for automobiles, trucks and marine equipment; contractors’ yards; boat building, repairs and storage; rental of automobiles, trucks and trailers; wholesale bakeries; auction houses, kennels. Except as otherwise noted sales, retail or wholesale, shall be permitted so long as they are strictly incidental to the primary use and provided that a designated sales area, separate from the operational area, is maintained in order to provide for the protection and safety of customers. No residences shall be allowed.
Business band radio antennas are allowed in this district subject to the building height restrictions of these By-Laws.
Any light industry or heavy industry not specifically permitted above may be permitted by a grant of a Special Permit from the Zoning Board of Appeals. Upon application for a Special Permit to the Zoning Board of Appeals, the Board shall conduct a public hearing on said application within sixty-five (65) days after the filing of the application pursuant to Massachusetts General Laws, Chapter 40A, Section 9. A decision by the Zoning Board of Appeals based upon an application for a Special Permit shall be based upon an evaluation of all the evidence presented at the public hearing by the Petitioner and interested parties as it relates to the fulfillment of the spirit and intent of this By-law without substantial detriment to the public good or any neighborhood affected. Such permits may also impose conditions, safeguards, and limitations on the applied for use which are necessary to the fulfillment of the intent of this By-law without causing substantial detriment to the public good or to any neighborhood affected.
Adult uses as defined in Section II of this by-law may only be permitted by a grant of a special permit by the Zoning Board of Appeals.
DISTRICT D – Antique shops, craft and gift shops, hair styling and barber shops, offices, art galleries, banks, animal hospitals, kennels, funeral homes, nurseries and florists, fitness centers, lodges, retail stores and shops. Residential apartments are allowed above businesses of a permitted nature provided such residences occupy no more than 50% of the structure.3
In any Convenience Store, as defined in Section II - Definitions, no food preparation or heating will take place on the premises except the preparation of hot beverages. All food is to be sold in sealed packages, with the exception of fresh produce
And to further amend
SECTION VIII – PROHIBITED USES as follows
The following uses shall be prohibited in the Town of Eastham in Districts A, B, C, D, E, F, G and H
And to further amend
SECTION IX – INTENSITY REGULATIONS, SUBSECTIONS A.3 and A.4 as follows:
3. In Districts B, C, D, and E, no business structure shall be built on a lot with an area of less than 40,000 square feet.
4. All lots in Districts A, B, C, D, and E shall have frontage of at least 50 feet on an accepted public way, a way shown on a plan approved or endorsed in accordance with the subdivision control regulations or a way in existence when the subdivision control law became effective having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed land use. Panhandle lots shall have frontage of at least 40 feet on an accepted public way or private way as described above
And to further amend
SECTION IX – INTENSITY REGULATIONS, by inserting immediately after the heading the
following new subheading:
See also SECTION V - DISTRICT I for setback requirements for properties located within the Eastham
Corridor Special District.
And to further amend
Section IX – Intensity Regulations, Subsection B.2 by deleting the text struck-through below as follows:
2. In Districts B, D, and E, all new construction, including residential, commercial, or other, shall be set back a minimum of 100 feet from all ways. Side and rear setbacks shall not be less than twenty-five (25) feet.
And to further amend
Section IX – Intensity Regulations, Subsection B.3 by deleting said subsection entirely as follows:
3. In District C, all new construction shall be set back a minimum of fifty (50) feet from all ways. Side and rear setbacks shall not be less than twelve (12) feet
And to further amend Section IX – Intensity Regulations, Subsection B.6 by deleting the text struck-through below as follows:
6. Setback requirements for detached accessory buildings used for any purpose, in Districts A, B, C, D, E, G & H, regardless of when the lot was created, shall be
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? a minimum separation of eight (8) feet between all buildings; and
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? a minimum of twelve (12) feet and at least the maximum height of the accessory structure from
the side and rear property lines; and
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? thirty (30) from any street or way.
And to further amend
SECTION X – PARKING REQUIREMENTS by inserting immediately following the heading the following new subheading:
See also SECTION V - DISTRICT I for parking requirements for properties located within the Eastham Corridor Special District.
And to further amend
SECTION XI – LANDSCAPING REQUIREMENTS by inserting immediately following the heading the following new subheading:
See also SECTION V - DISTRICT I for properties located within the Eastham Corridor Special District (ECSD).
And to further amend
SECTION XI – LANDSCAPING REQUIREMENTS by revising the opening sentence as follows:
In Districts B, C, D, and E, excluding one (1) and two (2) family dwellings, the following landscaping standards shall be in effect:
And to further amend
SECTION XIII – SITE PLAN APPROVAL – SPECIAL PERMIT by inserting immediately following the heading the following new subheading:
See also SECTION V - DISTRICT I for properties located within the Eastham Corridor Special District (ECSD).
And to further amend
SECTION XVIII – TOWN OF EASTHAM SIGN CODE amending the table describing the type and size of permitted signs by deleting the section heading struck-through below and replacing them with the corresponding new zoning district section headings as follows:
District C Industrial TP Trade Park
District D Retail Sales and Service
District CC-Core Commercial
District TC - Transition Commercial
District LC -Limited Commercial
District OF – Office Residential
And to further amend
APPENDIX – ZONING DISTRICT BOUNDARIES as follows:
DISTRICT C:4
Bounded on the north by the southerly lot line of Lots B41-1Y and BRC, the southerly and easterly lot lines of Lot B41-1B-4, and the southerly side line of Brackett Road; on the east by the westerly side line of the Cape Cod Rail Trail/former Penn Central Railroad right-of-way; on the south by the southerly lot line of B41- 6B & T; and on the west by the westerly lot line of Lots 41-6B and T, B41-6C, B41-1T, B41-U, B41-1AA, B41-1V-2, and from the northwest corner of Lot B41-1V-2 to the southwest corner of Lot B41-1Y and the point of beginning.
DISTRICT D:
EAST PORTION: Excluding land in District C above, bounded on the north by the north lot line of B32-4C, B32-5A and B32-6; on the east by the Cape Cod Rail Trail/former Penn Central Railroad right-of-way; on the south by Orchard Road, and on the west by Route 6.
WEST PORTION: Bounded on the north by the north lot line of B35, Lot NV29; on the east by Route 6; on the south by the south lot line of B41, Lot FS-1; and on the west by Massasoit Road, Oak Road, and the west lot lines of B35, Lots B35-12D, B35-12B, and B35-NV29;5 and Lots EGB-B, EGB-C, EGB-1, EGD-2, EGB- 3, and B40 4-1.
DISTRICT I – EASTHAM CORRIDOR SPECIAL DISTRICT
Shown on a map entitled “Eastham Corridor Special District (ECSD)” Adopted May 7, 2018 Add boundary description from original DCPC
GROUNDWATER PROTECTION DISTRICT
Shown on a map entitled “Town of Eastham Groundwater Protection Overlay District” dated January 7, 2016 or take any action relative thereto.
By Eastham Planning Board
Summary:
The amendments proposed in this article are housekeeping items intended to correct references to various sections of the bylaw which were altered by changes to the zoning bylaw adopted at the 2018 Annual Town Meeting. Certain amendments in this article are proposed to add clarity and ease of reference.
BOARD OF SELECTMEN RECOMMENDATION: 5-0 FINANCE COMMITTEE RECOMMENDATION: 7-0 PLANNING BOARD RECOMENDATION: 5-0-0 (2/3rds Majority vote required)