BARNSTABLE TOWN COUNCIL

SECTION 1

THAT CODE OF THE TOWN OF BARNSTABLE, MASSACHUSETTS / PART 1: GENERAL ORDINANCES / Chapter 240, ZONING / Article III, District Regulations / § 240-36. RPOD Resource Protection Overlay District, is hereby amended as follows:
240-36 RPOD Resource Protection Overlay District

A. Purpose

(1) The purpose of this section is to create a Resource Protection Overlay District overlaying residential zoning districts, and, in part, the Groundwater Protection Overlay District. The boundaries of the Resource Protection Overlay District shall include the recharge areas to the Centerville River, Popponesett and Shoestring Bays, and the Three Bays area of Cotuit and Osterville, so-called, the re-charge areas to Barnstable Harbor and associated creeks and embayments, together with areas dependent upon private well water supplies. The Resource Protection Overlay District , and shall be as shown on the Barnstable Zoning Map as described in Subsection C below. When regulations are in conflict, the more restrictive regulation shall apply.

(2) The Resource Protection Overlay District implements the Barnstable Local Comprehensive Plan, adopted by the Barnstable Town Council, October 30, 1997, and approved by the Cape Cod Commission, February 12, 1998. The purposes of the Resource Protection Overlay District include:

(a) To reduce nitrogen contamination by reducing impacts from septic systems, fertilizers, and run-off from impervious surfaces, which contamination adversely §affects groundwater, ponds and freshwater bodies, south coastal marine embayments, and north coastal creeks and estuaries.

(b) To reduce nitrogen loading to groundwater, surface water and coastal embayments to prevent deterioration of water quality, destruction of bottom habitat, loss of fin fish and shellfish habitat, closure of swimming areas, closure of shellfish harvesting areas, and other adverse environmental and economic impacts.

(c) To increase protection of groundwater quality in areas where no public wastewater treatment and no public water supply is provided, to ensure protection of private drinking water wells. To protect private drinking water wells from adverse impacts in areas of varying soil conditions that are vulnerable to contamination of groundwater due to environmental conditions such as impervious soils, high groundwater levels or steep slopes, and to protect private wells from impacts from adjacent road drainage systems.

(d) To protect the sites and settings of historic properties and landscapes.

(e) To reduce development potential. The Barnstable Local Comprehensive Plan identifies the potential for 36% more residential growth and a shortfall in public facilities to service that additional residential development. Potential shortfalls in public services include inadequate roads, lack of capacity in public wastewater treatment facilities, lack of options for public water supply development, and lack of capacity of schools and recreational facilities.

B. Districts established. In order to implement the purpose of this section, the Resource Protection Overlay District is hereby established, and shall be superimposed over existing residential zoning districts established by this chapter, and as they may be amended from time to time.

C. Overlay Districts Map. The boundaries of the Resource Protection Overlay District established by this section are shown on the Official Zoning Map, § 240-6A, Identification of Zoning Map, as amended with a file date of October 26, 2000 April 15, 2005, and a title of “Resource Protection Overlay District.

D. Resource Protection Overlay District regulations. Within the Resource Protection Overlay District, the minimum lot area requirement of the bulk regulations in all residential zoning districts shall be 87,120 square feet.

SECTION 2

THAT CODE OF THE TOWN OF BARNSTABLE, MASSACHUSETTS / PART 1: GENERAL ORDINANCES / Chapter 240, ZONING / Article III, District Regulations / § 240-13. RC, RD, RF-1 and RG Districts, is hereby amended as follows:

By amending Section § 240-13 RC, RD, RF-1 and RG Residential Districts, sub-section E Bulk Regulations, by adding a double asterisk ** after the minimum lot area of the RG Zoning District of 65,000 (sq. ft.), to read as follows: 65,000**.

SECTION 3

THAT CODE OF THE TOWN OF BARNSTABLE, MASSACHUSETTS / PART 1: GENERAL ORDINANCES / Chapter 240, ZONING / Article II, General Provisions District Regulations / § 240-6. Zoning Map, is hereby amended as follows:

By amending the official Zoning Map established in § 240-6 Zoning Map, sub-section A, by adopting a revised map with a draft file date of April 15, 2005, which is on file with the Town Clerk. This revision shows the extension of the Resource Protection Overlay District RPOD to the residentially zoned districts of Barnstable Village, north of Rt. 6, the Mid-Cape Highway.

Sponsor:
DATE ACTION TAKEN
AGENDA ITEM SUMMARY
05-

TO: Town Council, Gary Brown President
FROM: Ann Canedy, Town Councilor
DATE: October 24, 2004
SUBJECT: Extension of the Resource Protection Overlay District to Barnstable Village, north of the Mid-Cape Highway

The town’s Local Comprehensive Plan documented the need to increase lot sizes in the town in order to reduce the impact of development upon groundwater, drinking water supplies and freshwater and coastal embayments, and to reduce the impact of development upon the town’s infrastructure. That plan recommended this increase be applied to Barnstable Village, as well as other areas of town.

In Barnstable Village there is added reason for this lot size, documented in the 1997 plan, and in the proposed draft village plan revisions. Most of the developable land in Barnstable Village is located on “estate lots”, large lots that are developed, many of them with historic houses, and potentially sub-dividable. Views of historic houses and historic sites along Rt. 6A and other roadways will be affected by land subdivision and development in front of existing buildings, thus changing views along this most historic, regional roadway.

In October 2000, the Town Council voted to increase the minimum lot size in five of the town’s villages, but despite a considerable amount of developable land in Barnstable Village, the Resource Protection Overlay District was not extended to this area, increasing development pressures on this historic village.

It should be noted that the Resource Protection Overlay District includes a provision in the Nonconforming Use section of the Ordinance to only apply the two-acre lot size increase to undivided land – there is no requirement to join adjacent, under-sized lots in the same ownership which are grandfathered from the two–acre requirement.

EXCERPT from the Preliminary Draft revised LCP for Barnstable Village

With the extension of two acre zoning to five out seven of the town’s villages, development pressures have increased in this village, which still has substantial developable acreage. Undeveloped lands in this village include large tracts of land in old estates, along Route 6A, and the bay shore. Many historic houses are located on large lots in excess of two acres and therefore sub dividable. Some o the old wood lots along the Mid-Cape Highway remain to be developed. Elsewhere there are developable lots in subdivisions.

Developable acreage:

Developable acres on developed lots,
2 acres and greater: ……… 482 acres

Vacant lands ………………………………………345 acres

Total developable acreage: …………………827 acres

(Analysis of Assessors data, J. Etsten, Planning Division 2004)

In order to protect both natural resources and historic, scenic landscapes, residents expressed a strong desire to extend the increased lot size of two acres, to portions of Barnstable Village. Of immediate concern are the larger lots found along Rt. 6A, north to the harbor. This is the area of the greatest concentration of historic buildings, and the area of impervious soils where run-off can affect water quality in Barnstable Harbor, especially the adjacent flats and shellfish beds. A lot size increase should be promptly implemented before land division and development precludes this action.

FISCAL IMPACT

This Zoning Ordinance amendment will have no direct impact upon the town budget. In the long term, this proposal will reduce the impact of development upon the town’s infrastructure and associated costs.

STAFF ASSISTANCE:
--
Ann B. Canedy
Barnstable Town Council Precinct 1
Box 23, Cummaquid, MA. 02637

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