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Provincetown Legal Notices

By

Town of Provincetown
Historic District Commission
Public Hearing
March 6, 2024

The Provincetown Historic District Commission will hold a Public Hearing at 3:30 P.M. on Wednesday, March 6, 2024, in the Judge Welsh Room at Town Hall, 260 Commercial Street, Provincetown, MA.

Public Hearings will be held for the following applications requesting a Certificate to be issued in accordance with the Provincetown Historic District Commission established under the General By-Laws, Chapter 15 of the Town of Provincetown.  

HDC 24-27
Application by Russell Cazeault, on behalf of Meyer Family Partnership, requesting to remove an existing shingle roof on the rear of the structure, to install a roofing system with shingles in cobblestone gray color, and to remove existing chimney down to the roof line and install plywood to the roof at that opening and shingle over it on the property located at 637 Commercial Street. 

HDC 24-31
Application by Jamie Mills requesting to construct a new ADU to replace an existing garage and to expand its footprint from 12.1’ x 21.15’ to 16’ x 24’ on the property located at 254 Bradford Street. 

HDC 24-35
Application by Ted Smith, on behalf of James E. DiCarlo et al., requesting to install a new window and infill 3 existing windows on the west elevation and to install a new wood stair on the northeast corner of the east elevation of the structure located at 424 Commercial Street. 

HDC 24-38
Application by Brad Walker, on behalf of Patricia Walsh et ux., requesting to install a new foundation surfaced with brick and install 4 windows and 2 window wells, to shift the main structure towards Mechanic Street and away from Tremont Street, to reorganize window openings on the Tremont Street side, to lift the roof by 1’, to remove a rear door and 2 windows and replace them with a doubled door, to re-side, to rebuild with modified heights and layout an existing retaining wall with a picket fence on top, and to reconstruct an existing accessory structure and attach it to the main structure on the property located at 8 Mechanic Street.

John Dowd, Chair

Posted by the Assistant Town Clerk www.provincetown-ma.gov 02/07/2024, 9:25 am AR

Published: The Independent February 15 and 22, 2024

Town of Provincetown
Open Space Committee:  Town Meeting Articles
Public Hearing
March 7, 2024

In accordance with §2-3-g of the Provincetown Charter and §5-2-1 of the General Bylaw, the Provincetown Open Space Committee will hold a Public Hearing on Thursday, March 7, 2024, at 4:00 p.m. in Caucus Hall, Town Hall, 260 Commercial Street, Provincetown, MA to hear comments from the public and determine the number of Committee members in favor or opposed to the article(s) submitted by the Committee on the warrant of the April 1, 2024 Town Meeting. 

Comments may be submitted in writing by Wednesday, March 6, 2024, 4:00 p.m., to the Environmental Planner, Department of Community Development, 260 Commercial Street, Provincetown, MA 02657 or [email protected], in person at the hearing, or by remote participation during the hearing by dialing (833) 579-7589; when prompted, enter the following conference number: 478 301 821 #. 

Dennis Minsky, Chair

Provincetown Independent: February 22, 2024 and February 29, 2024

Posted: Town Hall www.provincetown-ma.gov, 02/14/2024, 9:45 am AR

Town of Provincetown
Planning Board
Proposed Zoning Bylaw changes
Public Hearing
March 14 2024

The Provincetown Planning Board will hold a public hearing on Thursday, March 14 2024, at 6 P.M. in the Judge Welsh Room, Town Hall, 260 Commercial Street, Provincetown, MA 02657 to hear comments from the public and vote on the following proposed amendments to the Provincetown Zoning Bylaws for the April 1, 2024 Annual Town Meeting Warrant, as well as any other Zoning Bylaw amendments and proposed petitioned articles concerning land use or development.  (proposed deletions are stricken through and proposed additions are underlined):  A copy of the proposed zoning bylaw amendments are available for public inspection at the Office of the Town Clerk, Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02657. 

2450  Permitted Accessory Uses

(Deletions shown in strike-through and new text shown as underlined.)

To see if the Town will vote to amend the Provincetown Zoning Bylaws, Article 2 Districts and District Regulations, Section 2450 Permitted Principal Uses as follows: 

Footnotes

  1. One accessory dwelling unit may be allowed in the Res1 Zoning District, for a total of two dwelling units per lot; and in Res2 Zoning District for a total of three dwelling units per lot; and in the Res3, ResB, TCC and GC Zoning Districts when the lot area limits the number of dwelling units to one or two, and there are no more dwelling units on the lot than the number allowed under this Bylaw, for a total of no more than four dwelling units per lot. All accessory dwelling units shall meeting the following criteria: the accessory dwelling unit cannot be used for Short-Term Rentals, i.e. rentals of 31 days or less, as defined by the Massachusetts Department of Revenue; it is limited in size to 600 square feet if it is a free-standing dwelling unit or 40% of the gross floor area if it is located within the a principal residence or accessory to a principal commercial unit; and shall remain under the same ownership as the principal residence or principal commercial unit, such that the accessory dwelling unit cannot be converted into a condominium, cannot be divided onto a separate lot from the principal unit, nor be under separate ownership from the principal dwelling. Special Permits may be granted by the Planning Board for the installation of detached accessory dwelling units that meet at least 50% of the front, side and/or rear yard setback requirements of the district in which the property is located (Article 2, Section 2560) and/or at least 50% of building separation requirements (Article 2, Section 2550). Such Special Permits shall only be issued following a Public Hearing wherein the Planning Board determines that the installation of said detached accessory dwelling unit cannot meet the current front, side and/or rear yard setback requirements. The benefits derived from the issuance of a permit shall outweigh any adverse effects such as hazard, congestion, and environmental degradation. The detached accessory dwelling unit must be architecturally cohesive with the surrounding neighborhood. The accessory dwelling unit shall not have a footprint that exceeds 400 square feet, nor exceed one and half stories or 17 feet in height from the finished floor to the roof ridge for a gable roof or exceed 12 feet to the highest point of any other roof configuration. The lowest point of the detached accessory dwelling unit shall not be elevated more than 6 inches above the highest point of the natural grade within its footprint. Doors and windows shall not face or open into an area of the standard side and rear yard setbacks of the district in which the shed or accessory dwelling unit is located. In its review, the Planning Board may limit the size and height of a detached accessory dwelling unit if, in the Planning Board’s view, it will negatively impact any structures, landscaping, access to light, or ventilation on adjacent lots.

or to take any other action relative thereto.

[Requested by the Planning Board]

Explanation of Article __:  Even though detached accessory dwelling units have been allowed by-right in every residential district in Town since 2017, very few units have ever been created. The proposed amendment allows small, detached accessory dwelling units to have access to similar special permit relief as sheds in order to encroach 50% further into the front, side, and rear yard setbacks within a parcel. The accessory dwelling unit is limited to a one and half story structure that cannot exceed 17 feet in height from the finished ground floor and the footprint cannot be larger than 400 square feet. This would allow the Planning Board to issue a special permit for standard-sized accessory buildings that could be 20 feet by 20 feet, 16 feet by 24 feet, 16 by 16 feet, or any other custom sized structure, so long as it does not exceed the maximum footprint of 400 square feet and floor area of 600 square feet. This also allows for traditional roof pitches, such as 12/12 in order to maintain architectural cohesiveness with most neighborhoods in Town. This would allow greater flexibility for locating a detached ADU structure within smaller parcels that already have a primary building, similar to how sheds are currently issued special permits by the Zoning Board of Appeals. 

Article __.  Zoning Bylaw Amendment:  Historic Preservation Incentives 

To see if the Town will vote to amend the Provincetown Zoning Bylaws, Article 2 by adding the following section: 

Section 2700 Historic Preservation Incentives

2710 Purpose

The general objectives of this section are to:

  1. Encourage preservation of buildings, structures, sites, settings, and other elements of historical or architectural significance;
  2. Establish eligibility criteria for buildings, structures, sites, settings, and other elements that have been demolished, destroyed, or lost to be reestablished, rehabilitated, reused, or protected;
  3. Expand economic options for owners, by broadening the permitted uses in various zoning districts and removing barriers presented by development standards governing those uses;
  4. Permit flexibility of development options by modifying dimensional requirements that might be an impediment to historic preservation; and
  5. Provide incentives to preserve contributory elements of historic or architectural significance, such as buildings, structures, settings, sites, objects, monuments, trees, or other 

2720 Historic Eligibility

Any historic building, structure, site, setting, object, monument, tree, or any other element of historical, architectural or cultural significance that currently contributes or previously contributed to the historical context, including the people, culture, and activities significant to the history of the Town, may qualify for eligibility under this section, if it is included on any of the following lists or surveys:

  1. National Register of Historic Places;
  2. Massachusetts State Register of Historic Places;
  3. Pending nominations in good standing to the National or State Register; or
  4. Building Provincetown: A Guide to Its Social and Cultural History, Told Through Its Architecture; or
  5. Other list, survey, or historical record deemed suitable by the Historic District Commission.

2730 Procedure

Review by Historic District Commission. The Historic District Commission shall review applications and advise the Planning Board on whether, in their view, the proposed reestablishment, renovation, repair, adaptive reuse, or relocation preserves the historical and architectural features of an existing or reestablished building, structure, streetscape or elements if constructed, renovated or relocated according to the plans.

2740 Special Permit

The Planning Board, after making the findings required by Section 2750 below, may grant a special permit to authorize the following uses and activities in order to allow the reestablishment, renovation, repair, adaptive reuse, relocation of historic or architecturally significant buildings, structures, or elements:

  1. Permit uses permitted in another district;
  2. Modify the operating or development standards contained in Section 2440, Permitted Principal Uses;
  3. Modify the standards contained in Section 2450, Permitted Accessory Uses;
  4. Modify the standards contained in Section 2560 Dimensional Schedule;
  5. Modify the off-street parking and loading requirements of Section 2470 Parking Requirements; and
  6. Modify the standards contained in Section 2600 Design Standards, including Section 2630 Roofs, Section 2640 Building Scale.

The Special Permit issued by the Planning Board for any of the parameters listed in 1 through 6 above within this section will supersede the Zoning Board of Appeals as the issuing authority, and no further zoning relief is required from Sections 2440, 2450, 2560, 2470, 2630, or 2640.

2750 Findings Required

In order to grant a special permit, the Planning Board shall determine that:

  1. The uses or the modification of standards and requirements authorized in Section 2740 are necessary to maintain or reestablish the historic or architecturally significant building, structure, streetscape or element;
  2. The proposed reestablishment, renovation, repair, adaptive reuse, or relocation restores or preserves, to the maximum extent feasible, the historical and architectural features of the building, structure, streetscape or element;
  3. For relocation of buildings, structures and elements to another location, no other preservation measures are practical or reasonable, on the existing site;
  4. The historical and architectural features of the building, structure, or element will be preserved for the duration of the special permit;
  5. Failure to grant the special permit is likely to result in inappropriate use or physical modification or demolition of the building, structure, or element;
  6. The use or the modification of standards and requirements will not generate negative impacts to the surrounding area or zoning district and the deviation meets the standards for a Special Permit, under Article 5, Section 5300.

2670 Contributory Adjacent Lots

For one or more adjacent lots that do not otherwise qualify under Section 2710, above, the Planning Board may grant a special permit to modify the standards of Section 2560 Dimensional Schedule and Section 2470 Parking Requirements; provided the Planning Board makes a finding that such modifications are necessary to make historic preservation feasible on the adjacent lot within the same development on which an historic element, as defined in Section 2710, is located.

or to take any other action relative thereto.

[Requested by the Planning Board]

Explanation of Article __:  This article would allow special permits for historical preservation to permit additional dimensional relief and/or new uses where necessary to preserve historic elements. Provincetown has the second largest Local Historic District in the Commonwealth in terms of the number of structures. This amendment is intended to help property owners adapt and reuse historic buildings that may be limited by pre-existing nonconformities, accessibility challenges, or location within a flood zone. The amendment also creates a special permit process for re-establishing historic buildings or structures that could not be built today because of the dimensional requirements of the current zoning bylaw, which would require applicants to seek a variance. Helping owners of historic properties and buildings adapt to societal changes is what makes Commercial Street a unique destination for visitors. The framework of the Town’s 19th century Portuguese fishing village has been significantly preserved and adapted to modern uses. The goal of this bylaw is to further promote historic preservation and adaptive reuse of buildings in the face of evolving fire safety standards, new technology, and climate change.

Article __.  Zoning Bylaw Amendment:  Permitted Accessory Uses 

(Deletions shown in strike-through and new text shown as underlined.)

To see if the Town will vote to amend the Provincetown Zoning Bylaws, Article 4 Districts and District Regulations, Section 4310 Permitted Occupancy as follows: 

4310 Permitted Occupancy

Manufactured homes may be occupied only in a campground or manufactured home park and subdivision.  Recreational Vehicles may be occupied only within a licensed campground, or in compliance with the following conditions designed to maintain the appropriate use of temporarily occupied Recreational Vehicles by ensuring all necessary safety, environmental, and sanitary code protections:

  1. Recreational Vehicles used for temporary occupancy are prohibited from year-round occupancy use or for business purposes. A Recreational Vehicle not located within a licensed campground may only be occupied from April 1 through November 15 within a single-family lot located in the Residential 1 Zoning District. No structure, utility, service, or connection including but not limited to, water, gas, telephone/communication, antenna, ductwork, or septic, may be attached to a Recreational Vehicle, except for one electrical cord may be connected from the Recreational Vehicle to an appropriate outlet. All Recreational Vehicles must meet state and local health and sanitary regulations.
  2. A Temporary Occupancy Permit will be required for occupancy in accordance with the Provincetown Board of Health Regulations. A single-family lot located in the Residential 1 Zoning District may be issued one Temporary Occupancy Permit for one occupied, off-street recreational vehicle within a driveway from April 1 through November 15 under the following conditions:
  3. Lot area minimum of 8,000 square feet for parcels legally created prior to April 2, 2018 and a minimum lot area of 16,000 square feet for all other parcels.
  4. Recreational Vehicles shall not be closer to another structure than ten feet end to end, or twenty feet laterally.
  5. No Recreational Vehicle shall be placed within 30 feet of a street line or 15 feet of any other lot line.
  6. A Recreational Vehicle cannot be used for Short-Term Rentals, i.e. rentals of 31 days or less, as defined by the Massachusetts Department of Revenue.
  7. Recreational Vehicles with wastewater or sewage holding tanks must comply with the sewage disposal requirements of 105 CMR 440 and 310 CMR 15.
  8. All Recreational Vehicles, whether stored or used for living purposes, must maintain mobility and be immediately movable. Recreational Vehicles shall not be stored on blocks, have skirting installed around the vehicle’s permitter, or otherwise have any portion affixed to the ground or another structure affixed to the ground, with the exception of one electrical cord connected from the Recreational Vehicle to an appropriate outlet. Wheels and tires must remain immediately available and visible at all times.
  9. All Recreational Vehicles must meet the appropriate setbacks as established in Section 2560, Dimensional Schedule, whether occupied or stored.
  10. The number of Recreational Vehicles that can be stored or temporarily occupied on the property owner’s land is limited to one (1) on a single-family parcel in the Residential 1 Zoning District.
  11. Current valid state registration is required for any occupied Recreational Vehicle.
  12. Temporary Occupancy of Recreational Vehicle, whether replacing a permanent residence that has been destroyed by fire or other natural disaster or constructing a new residence, is allowed as long as the set-back requirements are met, and the Recreational Vehicle complies with the state sanitary code and Board of Health regulations. The Owner is required to get a Temporary Occupancy Permit.
  13. Recreational Vehicles are prohibited from being used as a storage facility or for purposes not originally intended in their manufacture.
  14. Any violations of this section will be enforced by the Board of Health and/or its designee. 

or to take any other action relative thereto.

[Requested by the Planning Board]

Explanation of Article __:  The proposed amendment allows a qualifying single-family property in the Res1 district to obtain a permit for Temporary Occupancy of a Recreational Vehicle in order to have one occupied recreational vehicle parked within an off-street private driveway that is located more than 30 feet from the street and 15 feet from any property boundary. Portions of the Res1 zoning district are primarily composed of larger lots with single-family homes, many of which are currently on private septic systems, and tend to have larger driveways. It is estimated that approximately 217 parcels could potentially host an off-street, occupied recreational vehicle and that 88% of these single-family homes are currently using a private septic system. Of these properties, 59% are located in the portion of the Res1 Zoning District located in the West End of Town. The purpose of this amendment is to afford greater flexibility for larger properties in the western and eastern portions of Town with off-street parking to have a recreational vehicle that can also be temporarily occupied from April 1 through November 15. This amendment would not allow recreational vehicles to be occupied while parked in a public way or public parking lot and each qualifying property is limited to only one recreational vehicle. The Health Department, which currently issues rental certificates for short-term and long-term residential rental units, would be charged with developing regulations for issuing Temporary Occupancy Permits for Recreational Vehicles. 

Article __.  Zoning Bylaw Amendment:  Permitted Accessory Uses 

(Deletions shown in strike-through and new text shown as underlined.)

To see if the Town will vote to amend the Provincetown Zoning Bylaws, Article 6 Growth Management, Section 6500 Table of Use Categories and Priorities as follows: 

Section 6500 Table of Use Categories and Priorities

GENERAL USE CATEGORY 1

1a.       Affordable Housing Units

1b.         Community Housing Units

GENERAL USE CATEGORY 2

  1. The non-affordable/community housing components of project consisting of:

2a.    The creation of any deed-restricted, year-round rental unit or units, including and/or the creation of any accessory dwelling units.

2b.   Any project that consists of a minimum of 16.67% affordable and/or community housing units granted under the Inclusionary and Incentive Zoning Bylaw.

GENERAL USE CATEGORY 3

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

3b.       Single-family dwelling on one lot;

3c.       Two-family dwelling on one lot; two single-family dwellings on one lot;

3d.       All other market rate residential projects without affordable housing components that result in increased Title 5 flow, except that no one applicant may gain access to 65% of allowable growth within this category within any given year.

GENERAL USE CATEGORY 4

4a.       Projects that receive an Economic Development Permit

4b.       Non-Profit or Community Service Uses which meet a critical community need as determined by the Board of Selectmen

4c.       Boarding, Lodging or Tourist Homes, Hotel, Motel, Inn, Camp, Cabin, Dormitory Housing 4d            All other non-residential 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.

 

or to take any other action relative thereto.

[Requested by the _____________]

Explanation of Article __:  The proposed amendment eliminates the deed restriction requirement on Accessory Dwelling Units (ADUs). The year-round rental deed restriction on ADUs was removed by Town Meeting in October 2023 and this bylaw amendment aligns the language in the Growth Management section with the ADU description in Section 2450 while still allowing new ADUs to use gallons allocated to Category 2.

The public is encouraged to submit any written comments by Thursday, March 7, 2024, to the Planning Board/Community Development Department, Town Hall, 260 Commercial Street, Provincetown, MA 02657, email to [email protected] or in person at the hearing.  

Chair, Planning Board

Posted: Town Hall,  www.provincetown-ma.gov  02/15/2024, 10:51 am, EP

Published: Provincetown Independent February 22 and February 29, 2024

Town of Provincetown
Visitor Services Board
Annual and Special Town Meeting – Visitor Services Board Recommendations
Public Hearing
March 12, 2024

Per the Provincetown Charter 2-3-g, the Provincetown Visitor Services Board will hold a Public Hearing on Tuesday, March 12, 2024, 1pm in the Judge Welsh Room, Town Hall, 260 Commercial Street, Provincetown, MA 02657 to hear comment from the public on April 1, 2024 Annual and Special Town Meeting Warrant Article for the fiscal year 2025 Five-Year Plan for Tourism Fund Expenditures and the Visitor Services Board review of warrant articles and vote their recommendations.

Comments may be submitted in writing by Tuesday, March 5, 2024 to the Office of Tourism, 260 Commercial Street, Provincetown, MA 02657 or [email protected]  or in person at the hearing. 

Regina Cassidy, Chair
Visitor Services Board

Posted: Town Hall, http://www.provincetown-ma.gov  02/07/2024, 3:50 pm AR

Published: Independent:  February 22, and February 29, 2023

Town of Provincetown
 Zoning Board of Appeals
Public Hearing
March 7, 2024

The Provincetown Zoning Board of Appeals will hold a Public Hearing at 6:00 p.m. on Thursday, March 7, 2024, in the Judge Welsh Room in Town Hall, 260 Commercial Street, Provincetown, MA on the following case:

ZBA 24-8
Application by Robin B. Reid, Esq. seeking a Special Permit pursuant to Article 2, Section 2640, Building Scale, of the Zoning By-Laws to construct a single-family home that will be in excess of the allowable neighborhood scale on the property located at 8A Willow Drive (Residential 3 Zone). 

Jeremy Callahan, Chair

Posted by the Assistant Town Clerk: www.provincetown-ma.gov, 02/14/2024, 9:30 am AR

The Independent: February 22 and 29, 2024

J&E Produce has beautiful autumn vegetables.

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