Brewster Chamber of Commerce, Inc. Route 6A Business Zoning Study January 2016

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1 P a g e 1 Brewster Chamber of Commerce, Inc. Route 6A Business Zoning Study January 2016 During FY2015 the Brewster Chamber of Commerce finished the Route 6A Business Zoning Study it started in FY2014. The results of the study offer three suggestions for Town of Brewster Officials to consider: 1. Rename the Village Business (VB) zones Historic Business Village zones (or districts). 2. Expand existing VB zones in East and West Brewster, and add a new VB zone that encompasses businesses in the Route 6A / Route 124 area. 3. Update the zoning definitions and use tables. Background The Route 6A Business Zoning Study came about after the question was raised How many special permits exist for businesses along Route 6A in Brewster? Following this, the Chamber s executive director, driving Route 6A from Orleans to Dennis, did a rough count of properties where business activity was taking place. She took the information (approximately 120+ properties) to the Chamber s Board of Directors where it was decided doing a more formal count and mapping the results would demonstration the density of business along this corridor. The members of the Chamber s board used town maps showing property lines to identify property where business is taking place. For the sake of simplicity, properties with more than one business were counted as one. The resulting maps were then shared with the Town Administrator, Town Planner, Building Commissioner and representatives from the Selectmen. It was decided that the Chamber would go forward with further study and a particular emphasis on the use tables in relation to actual business activity within the zones along Route 6A. (Maps attached: from Dennis line to mid-brewster and from mid-brewster to the Orleans line) Suggestion #1: rename Village Business Historic Village Business This idea came about early in the project. All of Route 6A is within the Old King s Highway Historic District (OKHHD) established by the state. Capitalize on this as a marketing tool and way to build a sense of pride for Brewster s and Cape Cod s historic past. A special brand logo could be designed. Businesses could announce their inclusion in these unique zones with signage in their business and on their marketing materials. And would the state allow road signs at the entrances to these zones? This is just a small sample of the opportunities such a change would precipitate. Suggestion #2: expand existing VB zones and add a new one A. Expand the VB zone in West Brewster to include Café Alfresco which is in the Residential Medium density zone. The restaurant is adjacent to and has a shared parking lot with Lemon PO Box 1241, Brewster MA

2 P a g e 2 Tree Village (LTV) which is part of the VB zone from LTV to Luke s Plaza. The building where Café Alfresco exists will never be a private residence again; expanding the VB zone to include the restaurant would make sense. Refer to the attached map that shows a close up of this zone. B. Expand the VB zone in East Brewster. There are a few businesses west of Sea View Road that would benefit from being in a VB zone, such as Halcyon Farm. See the attached map showing the close up of this part of Route 6A C. Add a new VB zone to include the businesses in the area of Route 6A and Route 124. This area is generally seen as being the center of town with a number of restaurants, retail stores, a neighborhood grocer, summer farm stand, bookstore, public library, business offices, historic inns, churches and even a car repair shop and a dental office. The last map shows this possible new VB zone. Suggestion #3: update zoning definitions and use tables. Route 6A, in addition to being inside the OKHHD, is predominantly zoned Residential Medium density (RM) with 3 zones designated Village Business (VB). In many cases, businesses are pre-existing nonconforming requiring special permits. Updating the use tables could eliminate some of this. For instance, by allowing a restaurant to operate in the RM zone by special permit (currently restaurants are not permitted) Cobies Seafood would no longer be pre-existing non-conforming. Making subtle changes like this provides the business with the assurance that, in the case of the sale of the business, the business will be able to continue. The sub-committee that worked on the analysis of definitions and use tables had the two documents side-by-side. Suggested changes are noted in the use table and highlighted in yellow (see the Use Tables attached). In some cases, it was found that uses do not have a definition; these are noted with an asterisk. The rationale behind many of the suggestions relate back to the definition for the use and also the location of the business. In addition, the sub-committee is suggesting a subtle change in the residential uses where apartments and residences would be allowed by special permit in VB zones. This is in response to Village Center Planning concepts to incorporate workforce and elder housing in areas with easy proximity to goods and services. Conclusion The Brewster Chamber of Commerce stands ready to work with Town of Brewster officials, department heads and committees to see these suggestions added to the Annual Town Meeting warrant in the spring of PO Box 1241, Brewster MA

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8 Table 1 Use Regulations [Uses and Table revised and reorganized 5/7/12 ATM, Article 24] P = Permitted Use S = Special Permit Use Use with a dash ( - ) = Prohibited Use Residential Districts R-R R-L R-M C-H V-B I MRD PWS- 1. Accessory residential P P P P P building 2. Affordable accessory P P P - - commercial dwelling unit AACDU 3. Affordable Accessory P P P P P P - - Single Family Dwelling Units AADU 4. Affordable Multi-family P s Dwelling Units AMFDU 5. Cluster residential S S S - s development 6. Construction Trailer P P P P P P Major residential S S S S s development 8. Multifamily dwelling S s One-family detached P P P - P dwelling unit 10. One-family security P P P - - dwelling 11. Planned residential - S S development 12. Row or town houses S s Subsidized elderly housing S S S S s Community Facilities District R-R R-L R-M C-H V-B I MRD PWS- 1. Church or other religious P P P P P P P - use 2. Crematory S Deicing materials storage P - facility 4. Educational use P P P P P P P - 5. Essential services P P P P P P - -

9 Community Facilities (continued) R-R R-L R-M C-H V-B I MRD PWS- 6. Historical association or P P P P P society 7. Cemetery S S S S - S Large-scale, ground- S S S S S P P P mounted Solar Photovoltaic Installation on private property 9. Medical Marijuana S S S - - Dispensary (MMD)* 10. Municipal equipment P - - P - P P - garage 11. Municipal Solid Waste P - Facility 12. Municipal water tank P Museum** ps P P S ps - - P 14. Non-profit recreational P P P P p- P - - facility 15. Power plant, water P - P - - filtration plant, sewage treatment plant 16. Solar array on Town- P P P P owned land 17. Town building, police station and fire station, except equipment garage P P P P P P P P *ATM Article 21, May 5, AG approved, June 19, 2014 **ATM Article 30, May 5, 2014.AG approved, September 18, 2014 Agriculture 1. Agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, as those terms are defined in Massachusetts General Laws, Chapter 40A, 3 2. Commercial stable, kennel or veterinary hospital in which all animals are completely enclosed in pens or other structures, unless exempted pursuant to MGL c.40a, 3. District R-R R-L R-M C-H V-B I MRD PWS- P P P P P P P - S S S S - S - -

10 Agriculture (continued) R-R R-L R-M C-H V-B I MRD PWS- 3. Raising and keeping of P P P P P farm animals for personal use on a parcel of land containing 40,000 square feet or more 4. Raising and keeping of S S S S S farm animals for personal use on a parcel containing less than 40,000 square feet 5. Raising and keeping of P P P P P poultry for personal use, provided that the land parcel contains a minimum of 15,000 square feet 6. Temporary (not to exceed erection or use for a period of 3 months in any one year) greenhouse or stand for retail sale of agricultural or farm products, unless exempted pursuant to MGL c.40a, 3 P P P P P Year-round greenhouse or farm stand for wholesale and/or retail sale of agricultural or farm produce, unless exempted pursuant to MGL c.40a, 3 P P S P P P - - Commercial (except as provided in ) District R-R R-L R-M C-H V-B I MRD PWS- 1. Amusement arcade S - S Amusements, outdoor S s- S - - commercial 3. Antique shop, Art gallery -p -p P P P Assisted Living Facility S S S P s Automated and drivethrough financial establishments/structures S ps S - -

11 Commercial (continued) R-R R-L R-M C-H V-B I MRD PWS- Automotive repair, P p- P automobile service station and garage, not including a junkyard or open storage of abandoned automobiles or other vehicles 7. Boat building or marine S - P - - construction work and fabrication of marine and fishing supplies (A) Bed and Breakfast [ATM 2013] *Business offices S - S - S p- P P P P - P - - Propose the idea that and services nodefinition! Children s recreation camp P P P P p P Commercial parking lot or S S S S - structure (B) 12. Communication towers S over 35 feet in height 13. Communication towers P P P P P P P P under 35 feet in height 14. Construction of drainage S S S S S S - - facilities other than essential services or damming up or relocating any watercourse, water body or wetlands 15. Country, hunting, fishing, sp sp sp P p- P - - gun, tennis or golf club 16. Educational Use, for profit - - P P P Establishment selling new P s- P - - automobiles and/or used automobiles and trucks, new automobile tires and other accessories, boats, motorcycles and household trailers. 18. Membership organization - - S P ps Funeral home or mortuary P P P - - establishment 20. Gift Shop P P Home Occupation P P P P P Hotel and motel S s

12 Commercial (continued) R-R R-L R-M C-H V-B I MRD PWS- 23. Licensed special event P P P P P P P P venue [5-6-13, ATM Ar23] 24. Lodging house S S S P P Medical/dental clinic S S S P P Medical/dental office S S S P P Movie theater, drive-in P Nursing or convalescent S S S P p home 29. Personal service P P establishment 30. Planned business P P P - - development 31. Recreation facilities and S S S P services, private 32. Repair services P p- P Repair services, excluding P P P - - outside storage of items for repair 34. Restaurant, full-service and - - s- S ps S - - lounge 35. Restaurant, limited-service - - s- S ps S Retail store P P Row commercial P P Sales by vending machines P - P Sales by vending machines P P P - - as an accessory use associated with an established business and located only within or against the structure 40. Septic tank pumping P - P - - service 41. Storage of materials for a P - P - - business, including but not limited to pipes, mulch, small or heavy equipment 42. Storage of more than P P P - - commercial vehicles 43. Theater, indoor P p

13 Wholesale, manufacturing and industrial District R-R R-L R-M C-H V-B I MRD PWS- 1. Building and construction S s- P - - trades shop or garage 2. Construction materials s- P - - sales and service 3. *Excavations and/or S S - removal of sand, gravel, quarry or other new material 4. Freight transportation P - - service 5. Manufacturing P *Open storage of P S - construction equipment and structures for storing such equipment 7. *Other transportation P - P - - services, except airports, heliports, all air support facilities and 8. *Processing and treating S S - of mixed and quarried raw materials, including operations appurtenant to the taking, grading, drying, sorting, crushing, grinding and milling operations 9. Wholesale Trade P p P Wetlands Conservancy District District R-R R-L R-M C-H V-B I MRD PWS- 1. Any use S S S S S S S S Supplemental Regulations A. Such activity shall not create unnecessary noise, smoke, flashing or odor, and all materials shall be stored in a completely enclosed building or within an outside area completely enclosed by a fence and gates at least 8 feet in height and of suitable material to provide sufficient screening. B. The lot or group of lots or structure may be used to provide parking for an adjacent building or business establishment or athletic facility or any other type facility enumerated in A, Table 4.

14 Prohibited Uses in all Districts A. Raising and keeping swine or fur animals for commercial use or sale on parcels of less than 5 acres B. Septage transfer C. Septage transfer station

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