No use shall be permitted which would be offensive because of
injurious or obnoxious noise, vibration, smoke, gas, fumes, odors,
dust, or other objectionable features, or be hazardous to the community
due to potential fire or explosion, or any other cause. No permit
shall be granted for any use which would prove to be injurious to
the safety or welfare of the neighborhood where it proposes to locate,
or be destructive of property values, because of any excessive nuisance
qualities.
(1)
Access - Any new building construction or other site alteration
shall provide adequate access to each structure for fire and service
equipment.
(2)
Design requirements - Site and buildings shall be so designed
that for the given location and type and extent of land use, the design
of building form, building location, accessways, driveways (including
common driveways), egress points, grading, and other elements of the
development shall meet the following site design standards:
a.
Improve pedestrian or vehicular safety and convenience within
the site, and egress from the site, in relation to adjacent areas;
provide better access to each structure for fire and service equipment;
b.
Reduce detrimental impacts on neighborhood visual character
including views and vistas, intrusion of parking areas viewed from
public ways and abutting premises, and glare from headlights or area
lighting; improve landscaping and buffering;
c.
Reduce the extent of stormwater flow increase from the site
and reduce the hazard and inconvenience to pedestrians from stormwater
flow and ponding; increase protection of adjacent areas including
wetlands from detrimental effects by providing adequate surface water
drainage;
d.
Improve adequacy of water supply, sewage disposal, disposal
of refuse and byproducts, lighting, and other public services;
e.
Reduce removal of trees with a four-inch trunk diameter or larger;
f.
Reduce the volume of cut or fill;
g.
Reduce soil erosion;
h.
Assure protection of environmental features on site and in adjacent
areas; and
i.
Improve the collection of solar energy y photovoltaic and/or
hot water systems.
(1)
Intent - The intent of § 240-13.1C is to alleviate pollution problems caused by existing or proposed storm drain systems which discharge directly into the Town's streams, ponds, lakes, coastal waters, or other sensitive areas, through the prohibition of direct discharge from roadways, parking lots, driveways, or similar uses.
(2)
Design requirements - The following requirements shall be met
unless otherwise specified:
a.
No road or other surface shall be regraded, constructed, or
maintained in such a manner as to divert or direct the flow of runoff
into any wetland as defined in MGL c. 131, § 40, and any
other area protected by MGL c. 131.
b.
Uncontaminated runoff should be directed in such a way as to
recharge the groundwater within the lot where it originates, unless
an alternative location is approved.
c.
Open detention and retention basins may not be located within
velocity zones as depicted on FEMA FIRM maps of the Town.
d.
Cellar/basement drains and sump pumps may not directly discharge
into wetlands or waterways.
e.
Percolation tests may be required.
f.
Oil capture separation and sedimentation devices may be required.
g.
Design calculations based on a twenty-five-year storm are required.
h.
Installation and materials, unless otherwise specified, shall
conform to the standards of the Massachusetts D.P.W. Standard Specifications,
1985, as amended.
(1)
Transient residential use - The special permit granting authority (SPGA) may deny a special permit for the construction of any new structure or portion thereof intended for transient residential use that requires a special permit as defined by this bylaw that is located on a lot or lots located within a zoned water recharge area (see § 240-13.1D(3)), if, after weighing all the pertinent facts and evidence, the SPGA finds that:
a.
The existing condition of the receiving waters is at or above critical eutrophic levels (see § 240-13.1D(4)d.), or, in the case of well recharge areas, nitrate-nitrogen concentrations in the groundwater exceed five parts per million; and
b.
The nutrient contribution from the proposed development, when
added to the existing and potential nutrient level of developments
within the specific recharge area, will generate, on a pounds-per-acre
basis, nutrient levels that exceed the receiving waters critical eutrophic
level or, in the case of well recharge areas, nitrate-nitrogen concentrations
in the groundwater in excess of five parts per million.
(2)
Reduction measures for nutrient loading - The SPGA shall not
deny a special permit for a transient residential use if the applicant
provides measures for the reduction of the nutrient loading rate,
on a pounds-per-acre basis, to a rate below that which would produce
critical eutrophic levels in the water body or, if in a well recharge
area, nitrate-nitrogen concentrations less than five parts per million.
It shall be the responsibility of the applicant to demonstrate to
the SPGA that the proposed mitigating measures will work as designed,
and the SPGA may require the applicant to demonstrate on an annual
basis that the mitigating measures are operating satisfactorily.
(3)
Recharge areas - Recharge areas for freshwater ponds, coastal
ponds, and existing or proposed public (municipal) water supply wells,
as shown on the Zoning Map, shall be considered superimposed over
any other districts established in this bylaw.
(4)
Analysis of development impact - The applicant shall provide
an analysis of development impacts which at a minimum includes the
following:
a.
The existing condition of the water body or water supply, including
physical characteristics and water chemistry;
b.
The expected change in the condition of the water body or water
supply as a result of the proposed development;
c.
The comparison, on a per-acre basis, of the total nutrient loading
from the proposed development with:
i.
The existing and potential loading from all other developments
and acreage within the recharge area of the water supply or water
body; and
ii.
The loading rate which would be expected to produce critical
eutrophic levels in a water body or in the case of water supply, the
loading rate which would produce nitrate-nitrogen levels in excess
of five parts per million in the groundwater.
d.
In determining the impact of nutrient loading from a development,
the following standards shall be used unless the applicant demonstrates
to the SPGA that, given the nature of the proposed project or receiving
waters, other standards are appropriate:
i.
Loading per person: five pounds of nitrogen per person per year;
25/100 (0.25) pound of phosphorous per person per year for sewage
disposal systems within 300 feet of the shoreline;
ii.
Loading from lawn fertilizers: three pounds of nitrogen per
1,000 square feet per year;
iii.
Loading from road runoff: 19/100 (0.19) pound
of nitrogen per curb mile per day; 15/100 (0.15) pound of phosphorous
per curb mile per day; and
(5)
Exemptions - The SPGA may exempt an application from the requirements of § 240-13.1D(1) provided that the applicant can demonstrate that:
(6)
Relation to other requirements of the Zoning Bylaw - Approval of a special permit as noted in § 240-13.1D(1) shall not substitute for compliance with any other requirements of MGL c. 40A, or this bylaw.
(1)
Level of service - Development and redevelopment subject to
site plan review shall not degrade existing level of service (LOS)
of surrounding roads and intersections based on summer peak hour traffic
volumes. Level of service shall be measured using performance indicators
such as reserve capacity, delay at intersections, and volume-to-capacity
ratio as defined in the Highway Capacity Manual, Transportation Research
Board, Washington, D.C., latest edition.
(2)
Mitigation - Development and redevelopment subject to site plan
review shall mitigate any traffic impacts that would be created by
the development. The mitigation strategies shall include both structural
and non-structural improvements with special emphasis on alternatives
to automobile transportation. Necessary improvements shall occur concurrently
with any development. A contribution of funds towards the necessary
improvement shall be provided as an alternative to mitigation by the
developer.
(3)
Transportation alternatives - Development and redevelopment
subject to site plan review shall make provision for alternative transportation
modes to reduce the projected increase in traffic volumes. Acceptable
alternatives include carpool programs, shuttle bus service, employee
housing on-site, and related programs. In lieu of providing these
services in-kind, the developer may make a contribution to the Cape
Cod Regional Transit Authority or a private transit company approved
by the Town in order to provide public transportation. Development
and redevelopment shall incorporate provisions for bicyclists and
pedestrians so as to minimize automobile trips.
Restaurant classification is determined by calculating all of the performance indicators that apply in each row of the table of Performance Indicators below, then summing in the manner found in the Indicator Summation table that follows. Based on the total score of that result, reference the restaurant classifications located in § 240-13.2C for a determination of the classification for a particular restaurant.
|
Performance Indicators
| ||||||
|---|---|---|---|---|---|---|
|
Indicator
|
Column A
|
Points
|
Column B
|
Points
|
Column C
|
Points
|
|
Advertising size
|
Cape/local
|
10
|
Regional
|
25
|
National
|
40
|
|
Consumption
|
On premise
|
10
|
On & off premise
|
25
|
Off premise
|
40
|
|
Hours of operation
|
AM
|
10
|
PM
|
25
|
Both AM & PM
|
40
|
|
Seats
|
25 or less
|
10
|
26-50
|
25
|
51 or more
|
40
|
|
Takeout sales
|
0-25.9%
|
10
|
26-50.9%
|
25
|
51% or more
|
40
|
|
Timing of payment
|
After eating
|
10
|
Before and after eating
|
25
|
Before eating
|
40
|
|
Type of container
|
Reusable
|
10
|
Reusable & disposable
|
25
|
Disposable
|
40
|
|
Type of service
|
Table
|
10
|
Cafeteria & Counter
|
25
|
Drive-thru
|
40
|
|
Indicator Summation
| |||
|---|---|---|---|
|
Indicator
|
Column selection (from Performance Indicators Table above)
|
Maximum score
|
Your score
|
|
Advertising size
|
Choose one: A, B, or C
|
40
| |
|
Consumption
|
Choose one: A, B, or C
|
40
| |
|
Hour of operation
|
Choose one: A, B, or C
|
75
| |
|
Seats
|
Choose one: A, B, or C
|
40
| |
|
Takeout sales
|
Choose one: A, B, or C
|
40
| |
|
Timing of payment
|
Choose one: A, B, or C
|
40
| |
|
Type of container
|
Choose one: A, B, or C
|
40
| |
|
Type of service
|
Choose A, B, and/or C, as applicable
|
75
| |
|
Your total score =
| |||
Using the total score calculated in the indicator summation
Table above, determine the restaurant classification based on the
list below.
(1)
Restaurant Class I - Any establishment which has a rating of
199 or less.
(2)
Restaurant Class II - Any establishment which has a rating of
200 to 265.
(3)
Restaurant Class III - Any establishment which has a rating
of 266 to 299.;
(4)
Restaurant Class IV - Any establishment which has a rating of
300 or more.
