Special Town Meeting August 01

COMMONWEALTH OF MASSACHUSETTS
TOWN OF HARWICH

SPECIAL TOWN MEETING WARRANT
AUGUST 6, 2001

BARNSTABLE, ss:

To either of the Constables of the Town of Harwich in said County.

Greetings:

In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of said Town qualified to vote in elections and Town affairs to meet in the Community Center Gymnasium, 100 Oak Street, in said Town on Monday, August 6, 2001 at 7:00 P.M., then and there to act on the following articles:

HERRING REGULATIONS

ARTICLE 1. To see if the Town will vote to authorize the Board of Selectmen to file Special Legislation, which if passed would authorize the Town of Harwich, through its Board of Selectmen, to continue to set regulations relative to the taking of herring from the Town-owned Herring Run, and to act fully thereon. By request of the Board of Selectmen.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

AMEND ZONING BY-LAWS AND ZONING MAP
SIX PONDS SPECIAL DISTRICT

ARTICLE 2. To see if the Town will vote to amend the Zoning By-laws and Zoning Map by adding the following section:

Section XVII

Six Ponds Special District

1.0 PURPOSES. The purpose of the Six Ponds Special District is to establish zoning regulations that accomplish the following:
? Enhance protection of water quality within existing and potential future zones of contribution to water supply wells;
? Enhance protection of water quality within the Herring River watershed and the Pleasant Bay coastal embayments;
? Evaluate and protect future well areas to serve future Town needs;
? To protect the water quality of Aunt Edie’s, Cornelius (Eldredge), Walker’s, Oliver’s, Black and Hawksnest Ponds;
? Protect the District’s key natural resources including rare plant and wildlife habitat, wetlands and coastal plain pondshores, unfragmented forest areas, fisheries, and wildlife corridors;
? Maintain the scenic character of area roads and views of pondshores and woodlands;
? Preserve cultural landscapes, archaeological sites, historic structures and traditional land uses within the District, including agriculture;
? Restore areas of the District that have been significantly degraded by excavation, mining, or other activities;
? Encourage the continued use of land within the District for open space and recreational purposes;
? Foster land uses that are compatible with the resource protection goals of the District.

2.0 SIX PONDS SPECIAL DISTRICT BOUNDARIES. The Six Ponds Special District encompasses approximately 1350 acres of land area and approximately 114 acres of pond surface area. The boundaries of the District are shown on a plan entitled “Six Ponds Special District” prepared by the Town of Harwich Planning Department, dated December 2000 and is hereby made a part of this by-law. The plan is on file in the Planning Department. The Six Ponds Special District shall be shown on the zoning map of the Town of Harwich.

2.1 ZONING DISTRICTS. For the purpose of this by-law, the Six Ponds Special District is divided into the following zoning overlay districts:

? Zone A: To permit moderate density along the major roadways of the Six Ponds District’s perimeter, while minimizing impacts to its resources.

Zone A encompasses all land within the Six Ponds Special District 400 feet or less from one of the following roads: Route 124, Queen Anne Road, Route 39 and Route 137.

? Zone B: To maintain the rural and scenic character of the District’s interior and protect its resources.

Zone B encompasses all land more than 400 feet from one of the following roads: Route 124, Queen Anne Road, Route 39 and Route 137.

3.0 DEFINITIONS. In addition to the definitions contained in the Town of Harwich Zoning By-law, Section II (Definitions) the following definitions shall apply to the provisions of this bylaw.

Agricultural use. Premises, including necessary structures and equipment, which are used for the keeping or raising of livestock or the raising of agricultural products including a stand for the sale of produce, 50% or more of which is raised on the premises upon which the farm stand is located. All such uses are to be defined as defined in MGL Chapter 40A, Section 3 and are subject to compliance with MGL Chapter 128 and Chapter 131 Section 40 (as described in “Farming in Wetland Resource Areas, 1996).
Bed and Breakfast. An owner-occupied dwelling for the rooming and boarding of guests. Food or beverage shall only be served to those who rent a room(s) in such a dwelling. A Bed & Breakfast shall not be considered a Home Occupation.
Building Coverage. The coverage of an individual site by any building. For the purposes of this definition, a building is defined as any combination of materials, whether portable or fixed, having a roof or similar covering, to form a structure for the shelter of persons, animals or property.
Cleared Area. Any part of the area of a lot disturbed from its natural state.
Clearing. Removal or causing to be removed, through either direct or indirect actions, trees, shrubs and/or topsoil from a site, or any material change in the use or appearance of the land. Actions considered to be clearing include, but are not limited to: causing irreversible damage to roots or trunks, destroying the structural integrity of vegetation, and/or any filling, excavation, grading or trenching in the root area of a tree which has the potential to cause irreversible damage.
Earth Removal. The excavation and removal of sand, gravel, quarry or other earth materials other than that which is incidental to and in connection with construction of a building on the same lot.
Educational Use. A school owned and operated by a public, sectarian, denominational, or by a non-profit educational corporation. All such uses are to be defined as defined in MGL Chapter 40A, Section 3.
Filling. The act of transporting or placing (by any manner or mechanism) material from, to, or on any soil surface or natural vegetation.
Flexible Cluster Development (FCD). A subdivision plan allowing for variations in development styles in order to minimize the impacts of development while preserving open space in perpetuity.
Grid Subdivision (GS). A subdivision consistent with MGL Chapter 41, Section 81 and Town of Harwich Rules and Regulations.
Grading. Any excavating, clearing, filling, or the creation of impervious surfaces, or any combination thereof, which alters the existing surface of the land.
Lot Coverage. See Site Coverage in Section II (Definitions) of this Zoning By-law.
Municipal Use. Use of land, buildings and structures by the Town of Harwich that would be compatible with the purpose of the district.
Religious Use. Use of land, buildings and structures by a religious sect or denomination. All such uses are to be defined as defined in MGL Chapter 40A, Section 3.
Special Permit Granting Authority. For the purposes of this section, the Planning Board is the Special Permit Granting Authority. The special permit granting authority of the Planning Board is outlined in Section XG of the Town of Harwich Zoning By-law.

4.0 PERMITTED USES.
Within Underlying Residential Districts:
Agricultural Uses
Home Occupation
Religious Use
Single Family Home

Within Underlying Commercial District:
Religious Use
Educational use
Municipal Use
Medical facility
Agricultural Use
Retail Stores
Professional Office

4.1 Conditional uses. The following uses are conditionally allowed through a special permit to be granted by the Planning Board provided that the use does not conflict with the purpose of the district or more specifically endanger or unacceptably impact district resources as described in Section 1.0 (Purposes).

For the purpose of Section XVII (Six Ponds Special District), Section X (Administrative Official) G (Special Permits) inclusive shall apply to any special permit under Section XVII. As Special Permit Granting Authority, the Planning Board is authorized to waive submission requirements of Section X G if it deems a requirement to be duplicative or unnecessary.

Within the underlying residential district:
? Single Family Dwelling with Accessory Apartment -- For existing lots lawfully laid out by plan or deed prior to the effective date of this section the minimum required lot size within the Six Ponds District shall be 60,000 square feet for any single family dwelling with accessory apartment. For all lots created after the effective date of this section, the minimum required lot size within the Six Ponds District shall be 100,000 square feet for any single family dwelling with accessory apartment.
? Bed & Breakfast.
? Flexible Cluster Development.
? Swimming pools as an accessory to an allowed principal use
? Grid Subdivision as described in MGL Chapter 41, Section 81.
? Earth Removal/Sand and Gravel Mining – An Operation Permit is required pursuant to Section 10.0 of the Six Ponds Special District by-law. Operators of cranberry bogs, within the Six Ponds Special District using sand specifically in the operation of the bog are exempt from the requirements of Section 10.0. Excavation associated with the construction of a permitted structure is exempt from the requirements of Section 10.0.

4.2 Prohibited Uses. Any uses not specifically allowed as of right or by special permit within this district are prohibited.

4.3 Pre-Existing Uses. Any lawfully existing use of a structure or land that does not conform to the provisions of this by-law may continue. Any change of such use shall be governed by the provisions of this by-law.
5.0 DIMENSIONAL REGULATIONS. Lot size, lot width, set backs, coverage and height regulations shall be as set forth below:

Zone A: up to 400 feet from the following roads – Route 137, Route 39, Queen Anne Road, Route 124. Lots partially within Zone A must have at least 50% of their lot area within Zone A to utilize the Zone A dimensional requirements.
Minimum Lot Size 60,000 square feet
Minimum Lot Frontage 150 feet
Minimum front yard setbacks 50 feet
Minimum side and rear yard setbacks 25 feet
Maximum lot coverage % 30%
Maximum building coverage % 10%
Maximum building height 30 feet

Zone B: All other land within the district
Minimum Lot Size 100,000 square feet
Minimum Lot Frontage 200 feet
Minimum front yard setbacks 80 feet
Minimum side and rear yard setbacks 40 feet
Maximum lot coverage % 15 %
Maximum building coverage % 10 %
Maximum building height 30 feet

Lots in more than one district. Where the district boundary line between Zone A and Zone B divides a lot in existence at the time such line is adopted, each portion of the lot shall comply with the area requirements for the applicable zoning district.

5.1 Accessory uses to single-family dwelling. A garage and/or a shed greater than 100 SF are accessory uses allowed as of right in the Six Ponds Special District and are subject to setback and coverage regulations as outlined in Section 5.0.

5.2 Pre-existing lots. Existing lots lawfully laid out by plan or deed prior to the effective date of this section shall be considered lawfully pre-existing, non-conforming, provided the lot meets the provision of Section IV (Interpretation and Application), paragraph B (Application) of the Town of Harwich Zoning By-law.

5.3 Developed lots. Structures on pre-existing, non-conforming lots may be added to or extended, and accessory structures exceeding 100 square feet constructed, on the provision that the addition, extension, or accessory structure exceeding 100 square feet meets the following criteria:

1. The addition, extension, or accessory structure exceeding 100 square feet is set back no less than 25 feet from any street and 20 feet from the side and rear lot lines, and
2. Maximum lot coverage does not exceed 25%.

6.0 CLEARING AND GRADING. No person may clear any portion of a lot for construction without first obtaining a foundation permit or a building permit from the Building Department. No person shall undertake land clearing/grading activities exceeding an area of 30,000 square feet without first obtaining a special permit from the Planning Board. While the clearing/grading of an area less than 30,000 square feet does not require a special permit, compliance with the measures contained in 6.2.1 through 6.2.8 is encouraged for all development within the district.

6.1 Application Requirements. Unless determined otherwise by the Planning Board the following submittals are required at the time of application:

1. A plan must be accurately drawn to scale (not less than 1" = 40') on a sheet or sheets having dimensions of not less than 11" x 17". Multiple sheet site plan sets must be labeled using the format of "Sheet 1 of ___, Sheet 2 of ___, etc.". The plan must contain adequate drawings, symbols, and notations to indicate the following information:

1.1 Seal and signature of the contributing Registered Land Surveyor for any planshowing property line locations and seal and signature of the contributing Registered Civil Engineer for any plan proposing new or altered storm water drainage facilities. Information may be superimposed on a valid survey plan or a valid existing site plan, provided the following notation is included on the site plan: [This site plan was prepared by (name of preparer) using a (plan of land/site plan) entitled "__________________, dated ___________________ and last revised on ________________, Scale: _____________, prepared by _________________."]

1.2 Scaled site locus map (at a scale of 1"=500'), Assessor map(s) and parcel number(s), north arrow, graphic scale, title block, plan references, names of applicant(s) and record owner(s) and date of site plan preparation.

1.3 Total area of property containing the site of proposed development. Plans for redevelopment of a site shall show all land on the subject parcel and any other parcels relating to the subject use. Failure to show all property pertaining to the subject use(s) may result in incomplete notification to all parties in interest that may invalidate any approval obtained.

1.4 All existing and proposed contour lines at intervals of no more than two (2) feet.

1.5 All proposed structures and facilities, including all property line setbacks.

1.6 Existing and proposed surface water drainage facilities.

1.7 Location and extent of subsurface drainage and sewage disposal facilities.

1.8 Location of existing water lines, if any. The location of proposed water lines are to be determined pursuant to the requirements of the Board of Water Commissioners and shall be shown on the plan.
1.9 A zoning compliance table showing the required and proposed dimensions/ quantities
or lot size, frontage, setbacks (structures and parking), building coverage, site coverage,
building height, and clearing and grading area.

1.10 Delineation of all bodies of water, including vernal pools, streams, ponds, and any
wetlands as defined by M.G.L. Chapter 131, Section 40 located within 100 feet of any
disturbance or alteration on the site. Delineation of the 100-year floodplain should also
be provided.

1.11 Plan indicating the limit of work. The limit of work shall include all building,
parking and vehicular use areas, and any grading associated with the proposed
development. The plan or accompanying narrative shall document the species and
quantities of specimen trees and/or other vegetation to be removed or relocated within the
project area.

6.2 Granting of a special permit by the Planning Board for clearing/grading shall be based on the applicant’s ability to prepare and execute a plan that meets the review standard listed below. The applicant shall demonstrate that the following measures are employed in the development of the site:

6.2.1 Site/building design shall preserve natural topography outside of the development footprint to reduce unnecessary land disturbance and to preserve natural drainage channels on the site.

6.2.2 Clearing of vegetation and alteration of topography shall be limited to 30% of the site. Disturbed areas shall be revegetated with native plants.

6.2.3 Clearing for utility trenching shall be limited to the minimum area necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather than pulled or ripped out during utility trenching. Tunneling for utilities installation should be utilized wherever feasible to protect root systems of trees.

6.2.4 In the design of a development or siting of a structure, priority shall be given to retention of existing stands of trees, trees at site perimeter, contiguous vegetation with adjacent sites, and specimen trees.

6.2.5 Additional efforts to minimize the clearing and grading on a site associated with construction activities shall be employed, such as parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, etc. in areas already planned for permanent structures. Topsoil shall not be stockpiled in areas of protected trees, wetlands, and/or their vegetated buffers.

6.2.6 Finished grades should be limited to no greater than a 4:1 slope, while preserving, matching, or blending with the natural contours and undulations of the land to the greatest extent possible.

6.2.7 The site shall be protected during construction through erosion and sedimentation controls, such as:

1. Temporary or permanent diversions, berms, grassed waterways, special culverts, shoulder dikes and other mechanical measures as are necessary should be provided to intercept and divert surface water runoff.
2. Erosion and sedimentation controls shall be constructed in accordance with the DEP Stormwater Guidance Manual.
3. Erosion control measures shall include the use of erosion control matting, mulches and /or temporary or permanent cover crops. Mulch areas damaged from heavy rainfalls, severe storm or construction activity shall be repaired immediately.
4. Runoff from impervious surfaces shall be recharged on the site by stormwater infiltration basins, vegetated swales, constructed wetlands or similar systems covered with natural vegetation. Runoff shall not be discharged directly to ponds, streams, rivers or other surface water bodies. All basins shall be preceded by oil, grease and sediment traps. The mouths of all basins shall be fitted with filter fabric during the entire construction process to minimize siltation. Basin shall not be located within the 300-foot wetland buffer. Dry wells shall be used only where other methods are not feasible.

6.2.8 The site shall be revegetated immediately after grading.

1. Proper revegetation techniques shall be employed using native plant species, proper seedbed preparation, appropriate fertilizer and mulching to protect germinating plants. Revegetation shall occur on cleared sites within 7 (seven) calendar days of final grading and shall occur during the planting season appropriate to the selected plant species.
2. A minimum of 4 inches of topsoil shall be placed on all disturbed surfaces that are proposed to be planted.
3. Finished grades shall be no higher than the trunk flare(s) of trees to be retained.

7.0 POND BUFFER REGULATIONS
7.1 Shoreline Location. The pond shoreline location for the six ponds shall be measured from the extreme high water line of the ponds within the district.

7.2 Prohibitions. The following are prohibited within 300 feet of the pond shoreline:
a. Septic Systems (Soil Absorption Systems) and leaching fields;
b. Direct discharge of stormwater from roads, rooftops, developed land areas and any other uses and/or activities;
c. Any disturbance or removal of natural vegetation, with the exception of a single path not more than 5 feet wide to provide access from a single point at the edge of the buffer zone to the pond shore. Appropriate erosion controls, such as terracing of the path, should be incorporated into any design. The layout of this path must be reviewed and approved by the Conservation Commission;
d. Use of pesticides will be in conformity with 333CMR 1.00 to 11.00 as authorized by the Commonwealth of Massachusetts Pesticide Board.
e. All other structures.

7.3 Nonconformity. In cases where existing lots lawfully laid out by plan or deed prior to the effective date of this section are too small to accommodate soil absorption systems, structures and/or stormwater runoff discharge outside the 300 foot buffer these structures shall be located at the maximum possible distance from the shoreline elevation of the pond. Additional provisions for protection of ponds such as advanced wastewater treatment and evaluation of nutrient loading capacity of adjacent pond are advised in this instance.

7.4 Existing Single Family Homes. An existing single family home shall become pre-existing nonconforming if it, at the time of the adoption of this by-law, does not meet the requirements of Section 5.0. Any additions or alterations shall be consistent with the provisions of Section 7.2 for the express purpose of becoming as conforming as possible.

7.5 Existing Commercial Structures. An existing commercial structure shall become pre-existing nonconforming if it, at the time of the adoption of this by-law, does not meet the requirements of Section 5.0. Any additions or alterations shall be consistent with the provisions of Section 7.2 for the express purpose of becoming as conforming as possible.

8.0 SCENIC ROAD CORRIDOR REGULATIONS. The following regulations shall apply to both sides of the following roadways and roadway segments:
Seth Whitefield Road (County Road) Hall’s Path (Town Road)
Nathan Walker Road (Private Road) Hawksnest Road (County Road)
Spruce Road (Town Road) Round Cove Road (Town Road)

8.1 New Structures. The following criteria shall be met to preserve the character and enhance safe travel on the scenic roadways:
1. New structures shall be setback at least 100 feet from the edge of pavement on any of the roadways or roadway segments described in Section 8.0.
2. With the exception of a curb cut for a driveway, a minimum 100 foot buffer of natural vegetation, including overstory and understory vegetation, shall be maintained along the frontage of all lots fronting on the roadways and roadway segments described in Section 8.0.
3. Where lot depth or the 300 foot pond buffer as required in Section 7.0 would prevent development of a lot, the Planning Board may grant a special permit allowing development if the following criteria are met:
a. Dense plantings of evergreen vegetation combined with the construction of berms to screen new construction from the scenic road. Plant varieties shall be indigenous to the area and may include rhododendron, cedar, white pine, American holly, inkberry, spruce, fir and sheep laurel.
b. New lawn area shall not be planted within the 100’ scenic road corridor.
c. New subdivisions shall be designed to incorporate the 100’ scenic road corridor along subdivision roadways as part of the required open space.

8.2 Design Guidelines. The following guidelines are recommended for new development and driveway construction on any of the roadways and roadway segments as described in Section 8.0:
? The use of shared driveways is encouraged whenever two or more lots are being created by any division of land regulated by the Subdivision Control Law. A special permit from the Planning Board may reduce the frontage required by Section 5.0 to a minimum of 100’ for any lot that is subject to a permanent deed restriction requiring a shared driveway. The deed restriction language shall be submitted with the application for the division of the land and must be of a form and content acceptable to the Planning Board and Town Counsel. The deed restriction shall be recorded with the plan that divides the parcel. This provision shall only apply to the frontage dimensional requirement; no other dimensional requirement shall be lessened through this provision.
? Where shared driveways are not feasible, applicants are encouraged to design driveways and new subdivision roadways to obscure views of new development from the scenic roadway.
? The use of board fencing stained to blend with the natural landscape or natural finish wooden fencing especially split rail fencing is encouraged when installing fencing along front lot lines.
? Landowners and land developers are encouraged to use siding and roofing colors that blend with the natural landscape. Such colors include browns, grays, dark greens, and naturally stained building materials.
? New structures shall be sited to minimize obstruction of existing views of the ponds from the scenic roadway.

9.0 FLEXIBLE CLUSTER DEVELOPMENT (FCD) AND GRID SUBDIVISION (GS). This section is established to permit variation in development styles and minimize the impacts of development while preserving open space in perpetuity for the protection of natural resources, protecting the historical and archaeological resources of the district, and providing for the efficient layout of roads and utilities.

9.1 Application. A Flexible Cluster development or Grid subdivision as defined in MGL Chapter 41, Section 81 is permitted in the Six Ponds Special District by special permit from the Planning Board.

9.2 Permitted uses. The following uses are permitted in a Flexible Cluster Development or Grid Subdivision:
1. Single Family Dwelling: Detached, single family dwellings are allowed and permitted accessory uses including a cluster unit and a duly permitted wastewater treatment facility.
2. Open Space: Common open space, restricted in perpetuity.

9.3 Density requirements. The total number of residential units allowable within a flexible cluster residential development shall not exceed the number of units that would be allowed as demonstrated under a conventional grid subdivision according to the dimensional requirements of Section 5.0 and in conformance with the Town of Harwich Zoning By-law and the Town of Harwich Rules and Regulations Governing the Subdivision of Land and Major and Minor Site Plans, most recent edition, without bonuses, variances or waivers. The sharing of driveways is encouraged to reduce curb cuts.

9.4 Density Calculation. The allowed number of dwelling units (density) in an FCD shall be calculated as follows:
1. For the purposes of calculating the number of dwelling units for an
FCD, the applicant shall list which Map and Parcel numbers of land in their ownership they wish to develop.
2. Land that is the subject of a permanent conservation restriction or that has been dedicated as open space by any special permit or Development of Regional Impact decision shall not be used in the density calculation.

9.5 Dimensional requirements. FCD lot coverage, yard, frontage and lot area regulations shall be as follows:

Minimum Lot Area 20,000 SF
Minimum Frontage 100 feet
Minimum Front Yard Setback 20 feet
Minimum Side and Rear Yard Setback 10 feet
Maximum Lot Coverage: 15%

9.6 Wastewater. The FCD shall comply with the provisions of 310 CMR 15.00 of the State Environmental Code (Title V) and the onsite wastewater disposal regulations of the Board of Health.

9.7 Common Open Space. Within an FCD all land area not utilized for lots, roads, and drainage shall be set aside as open space. Applicants are encouraged to include any areas of high natural resource value or historic resource value within this open space. Common open space shall be maintained in an open and natural condition, without clearing, in its natural condition for the protection of habitat. The open space shall be used, designed and maintained in accordance with the following standards:
a. Purposes: Open space shall be used solely for recreation, conservation or agricultural purposes by residents of the FCD and/or the public. The proposed use of the open space shall be specified in the application and depicted on the plan. The Planning Board shall reserve the authority to approve or disapprove use(s) proposed for designated open space.
b. Open space shall be planned as large, contiguous areas wherever possible. Long thin strips or narrow areas of open space (less than 100 feet wide) shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site, or as connections between open space area.
c. Open space shall be arranged to protect valuable natural and cultural environments such as stream valleys, wetland buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic views, trails, and archaeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. The development plan shall take advantage of the natural topography of the parcel.
d. Where a proposed development abuts land held for conservation purposes, including the designated open space of a pre-approved Open Space Residential Development or Flexible Cluster Development, the development shall be configured to minimize adverse impacts to abutting conservation land or designated open space of a pre-approved Open Space Residential Development or Flexible Cluster Development. Trail connections should be provided where appropriate.

9.8 Common Open Space Ownership and Management. At the developer’s option and subject to approval by the Planning Board, all areas to be protected as permanent open space shall be:

a. Conveyed to the Town to be placed under the care, custody and control of the Conservation Commission, and be accepted by it for open space use. Land conveyed to the Town will be open for public use;

b. Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction. Such organization shall be acceptable to the Board as a bona fide conservation organization; or

c. Conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development (i.e. “homeowners association”) and placed under conservation restriction. The documents which form said association are subject to approval by the Planning Board. If such a corporation or trust is utilized, as indicated herein, ownership thereof shall pass with conveyance of the lots or residential units. The developer is responsible for the maintenance of the open space and other facilities to be held in common until such time as the homeowners association is capable of assuming such responsibility. Thereafter, the members of the association shall share the cost of maintaining the open space. The Planning Board shall require the applicant to provide documentation that the homeowners association is an automatic (mandatory) association that has been established prior to the conveyance of any lots within the subdivision.

9.9 Review Procedure.
9.91 Submission Requirements.
Any person who seeks approval of the Planning Board for a Flexible Cluster
Development or Grid Subdivision shall file with the Board the following:

1. One (1) linen or reproducible copy and thirteen (13) positive prints of the FlexibleCluster or Grid Plan.

2. A properly executed Form 11.

3. One (1) linen or reproducible film copy and four (4) positive prints of all plans, profiles, and cross-sections, showing proposed design and location of streets, sidewalks, drainage, sanitary sewers (if any), and water supply (if any).

4. The applicant shall file by delivery or registered mail a notice with the Town Clerk
stating the date of submission of the Flexible Cluster or Grid Plan and accompanied by a
copy of the completed application form (Form 11).

4. The applicant shall submit to the Harwich Board of Health one (1) copy of the Flexible
Cluster or Grid Plan and any additional material needed by the Board of Health to determine which, if any, of the lots shown on the Flexible Cluster or Grid Plan can be used for building sites without injury to the public health.

6. The applicant shall submit two (2) positive prints of the Flexible Cluster or Grid plan prepared at a scale of 1 inch = 100 feet. The plan shall include the lot numbers and lot areas in acres. Distances and bearings need not be shown.

7. One (1) copy of drainage calculations including drainage curves and contour plan
delineating contributing areas shall be submitted.

8. The applicant may be required to provide a natural resource inventory of the property in question at the request of the Planning Board.

In the case of an application to amend an existing Cluster Special Permit the procedures in Section X G 4.0 through Section X G 4.9.1, inclusive shall apply, except as to such materials as the Planning Board may waive as duplicative of materials previously submitted. Modification of any existing Flexible Cluster Development, Open Space Residential Development or Grid Subdivision within the Six Ponds District must comply with the requirements set forth in this section.

9.92 Flexible Cluster Development or Grid Subdivision criteria for approval. Approval of a Flexible Cluster Development or Grid Subdivision can be granted upon a determination by the Planning Board that the plan complies with the requirements of Section 9.0 and that the Flexible Cluster Development or Grid Subdivision Plan meets or exceeds the following criteria:
1. Preserves open space for conservation, recreation and the protection of the resources within the Six Ponds Special District;
2. Utilizes, preserves and enhances the natural features of the land;
3. Provides the most efficient arrangement of streets, utilities and other public services;
4. Minimizes to the greatest extent possible the impacts of development upon the natural features and resources of the Six Ponds Special District.
5. Enhances the character of the Six Ponds Special District by preserving scenic vistas, limiting traffic impacts, and using building materials that blend with existing structures and the surrounding area.
6. Preserves, improves or enhances the surface water quality of the district.
7. Preserves existing unfragmented forest.

10.0 EARTH REMOVAL/SAND AND GRAVEL MINING

10.1 Purpose. One of the purposes of these regulations is to control accelerated stormwater run-off, soil erosion and resulting sedimentation as a result of earth moving and sand and gravel mining activities. The primary purpose and most important goal of this zoning by-law is to protect groundwater, and enhance public safety in the Six Ponds Special District.

10.2 Scope. Within the Six Ponds Special District, no person, firm or corporation shall undertake any mining of sand or gravel or excavation or filling of topsoil or subsoil material exceeding 500 cubic yards or exceeding a combined area of 10,000 square feet over a period of six (6) months without first obtaining an Operations Permit from the Planning Board pursuant to these regulations.

In cases where previously pre-existing lots were used for earth removal/sand and gravel mining and continued use is planned, accommodations must be made for soil absorption systems and/or storm water runoff discharge outside of the 300-foot wetland buffer. All of these Earth Removal/Sand and Gravel Mining or related operations shall be located at the maximum possible distance from the shoreline elevation of a pond. Additional provisions for protection of adjacent ponds are also advised in these instances.

Facilities for the dumping of construction debris or other solid waste, including wood waste reclamation facilities, are prohibited within the Six Ponds Special District.

10.3 Operations Permit. Earth Removal shall be allowed only under an Operations Permit issued by the Planning Board. Any applicant must first file a written application for this purpose on Form 11 that includes the required information and materials. Permits to be issued for a period of not more than two years. An Operations Permit only covers earth removal and sand and gravel mining.

All applicants for Earth Removal operations permits are also subject to Site Plan Review
by the Planning Board.

10.3.1 Required Elements for Application. Ten sets of plans drawn to at least 1”=40’ scale, prepared and stamped by a Registered Land Surveyor and Registered Engineer, containing the following information:

Pre-Excavation Plan
1. Existing property lines for the subject property, with names and addresses of all direct abutters.
2. Existing topography in the proposed area for earth removal and for 100 feet beyond the proposed area within the boundaries of the subject property.
3. Any existing wetlands
4. Estimates of the evaluation of historic high groundwater as determined from monitoring wells and historical water table fluctuation compiled by USGS
5. Grades below which excavation will not take place
6. Existing cover vegetation and trees
7. Proposed signage
8. Surface run-off plan
9. Commencement and estimated completion dates
10. Municipal Lien Certificate
11. Proof of Ownership of the property in question. If the applicant is not the owner of the property, the owner will provide a notarized statement that they are aware of and support the applicant’s request.

Post-Excavation Plan
1. Proposed finish grades upon completion of removal and restoration activities.
2. Proposed cover vegetation and trees

10.3.2 Waivers. The Planning Board may waive any of the above requirements. An applicant seeking a waiver from any of these requirements should include a written request for waivers with the application materials for the Operations Permit.

10.3.3 Review Considerations. Before granting a permit, the Planning Board shall give due consideration to the location of the proposed earth removal, the general character of the surrounding neighborhood, the protection of water supply, and the general safety of the public on the public ways in the vicinity and in any publicly accessible areas adjacent to the earth removal operation, as well as those set forth in Section 1.0 (Purpose).

Where the subject property covers an area larger than 5 acres, the Operations Permit may be granted for a specific area, not to exceed 5 contiguous acres. Approval of additional areas shall be contingent upon the satisfactory completion and reclamation of each previous section. The Planning Board may allow the applicant to delay reclamation of a specified area to facilitate circulation on the site and for continuity of the earth moving operation. Work of any sort connected with earth moving shall not be performed on more than one phase area at a time, without prior approval of the Planning Board.

10.3.4 Public Hearing. The Planning Board shall conduct a public hearing following the procedures set forth in Chapter 40A Section 9 (Special Permits).

10.4 Criteria for Approval. Approval by the Planning Board will be contingent upon receipt of a removal and restoration plan by the applicant. Approval shall be based on the following criteria:

10.4.1 Removal Criteria.
1. Areas proposed for excavation shall be posted and/or secured to prevent trespassing. Security measures may include: signage, fencing, vegetated screening or other suitable measures.

2. Finish grade shall not lie below a level that would reasonably be considered a desirable grade for later development of the area, or below the grades specified on the plan accompanying the permit application. The Board may specify a base grade below which excavation shall not take place under any circumstances. No excavation shall take place within 10 feet of historic high ground water.

3. Provision shall be made for safe drainage of water, and for prevention of wind or water erosion carrying materials onto adjoining properties.

4. A minimum 200 foot buffer strip shall be maintained at all boundaries of earth removal/sand and gravel mining operations. Excavation may take place within the buffer strip, however, a slope of not greater than four feet horizontal to one foot vertical shall be maintained.

5. All stumps shall be removed to a licensed Wood Waste Reclamation Facility.

6. A road map shall be provided indicating the routes to be used to transport the materials removed. The map will include any driveways to and from the subject property. Not more than one entrance or exit from a public or private way shall be provided to any area of operation. Access points shall be located in such a way so as to avoid routing of vehicles over developed residential streets if possible.

7. No excavation shall be allowed closer than three hundred (300) feet from a natural stream or pond.

8. No topsoil (loam) or subsoil (hardening) shall be removed from any area of ground within the legal limits of the Town consisting of more than fifty thousand (50,000) square feet, other than that which is incidental to and in connection with the construction of a building on the same lot, unless that person removing such topsoil or subsoil shall replant the entire area with rye, vetch, wheat, legumes or any permanent cover crop or reforest the area and stabilize the soil.

9. Operation hours shall be only between the hours of 8am and 7pm weekdays excluding Sundays and legal holidays and loaded trucks may leave the subject parcel only within these hours.

10. Earth removal/sand and gravel operations must comply with existing state and federal regulations governing the visibility, sound and airborne particulates from processing equipment and dust created through the operations of the pit.

10.4.2 Restoration.
Following the expiration or withdrawal of a permit, or upon voluntary cessation of operations, the entire area shall be restored as follows:

1. All land shall be graded so that no slope exceeds one-foot vertical rise in a four-foot horizontal distance and shall be graded to safely provide for drainage without erosion.

2. The entire area shall be covered with not less than four inches of topsoil, which shall be planted with cover vegetation adequate to prevent soil erosion.

10.5 Additional Conditions. The Planning Board must be notified of any transfer of ownership or legal interest or change in contractual interest in the subject premises within 10 days of such transfer or change. Failure to do so will be grounds for revocation of said permit.

10.6 Renewal or Review of Permit. No Operations Permit shall be issued under the provisions of this Section for a period of more than two years. A permit may be renewed upon application without a public hearing at the discretion of the Planning Board. Prior to any renewal, an inspection of the premises shall be made by the Planning Board or its agent to determine if the provisions of this by-law and the Operations Permit have been and are being complied with.

The Planning Board may conduct a duly noticed public hearing at any time to determine
whether any Operations Permit has been or is being violated and shall
notify the Building Commissioner to request an inspection of the property and
appropriate enforcement if necessary.

10.7 Expenses. The Town shall require the permit holder to pay a permit fee based on the following: for up to 1 acre to be excavated -- $200.00. For each additional acre -- $100, to a maximum fee of $600 for 5 acres.

10.8 Applicability. Removal of earth material from a parcel for which removal was previously authorized under a special permit pursuant to Town of Harwich Zoning By-laws Section XV (Special Conditions) shall be permitted until the expiration date of said permit. From that expiration date, full compliance with the requirements of this by-law must be met.

In the case when no special permit was ever issued for the removal of earth materials
under the prior zoning by-law, because said activity preceded the adoption of said zoning
by-law, an owner and/or operator must file an application for an Operations Permit
within 90 days of the effective date of this by-law as set forth in Section 3.0 (Operations
Permit).

11.0 SEVERABILITY. If a court of competent jurisdiction holds any provision of this by-law invalid, the remainder of the by-law shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this by-law shall not affect the validity of the remainder of the by-law

And to act fully thereon. By request of the Planning Board.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

AMEND ZONING BY-LAW
CREATE OVERLAY DISTRICT – HARWICH PORT

ARTICLE 3. To see if the Town will vote to amend the Harwich Zoning By-Law by adding to SECTION X.G. Special Permit as follows:

11. Colonial Commercial Overlay District

11.1 Purpose
The Colonial Commercial overlay District enables the development and redevelopment of Harwich Port’s village center to be in keeping with its historic development patterns, including the size and spacing of structures and additional open space. The redevelopment of existing structures will allow them to come into compliance with current plumbing, electric and building codes, as well as the latest fire and handicapped access regulations.

11.2 Scope
Within the Colonial Commercial District only property that has frontage on Route 28 (Main Street) Harwich Port, is permitted to utilize this section. Property located on the south side of Lower County Road between Ayer Lane and the intersection of Route 28 and Lower County Road is also permitted to utilize this section. A contiguous section of property is permitted for commercial uses and apartments, incidental to a commercial structure. All property owners, including the Town of Harwich, are required to locate the majority of these structures on the Route 28 facing portion of this property and to locate parking, septic and open space to the rear of this property. All single uses remain under the present Town of Harwich Zoning By-laws. All other property that does not have frontage on Route 28 in this overlay district is not affected by this section.

The dimensional requirements, including building set backs, maximum site coverage and heights of these structures are outlined in Section 11.5 of this document.

This By-Law is intended to be used in conjunction with other regulations of the town, including site plan review and other by-laws designed to encourage appropriate and consistent patterns of village development.

Applicants, with the approval of the Board of Health, and Water Quality Management Task Force are encouraged to utilize new and improved technologies for septic treatment and rainwater drainage purposes.

11.3 Location
The Colonial Commercial overlay District is shown on the following map: Colonial Commercial Overlay District, dated June 2001, prepared by the Town of Harwich Planning Department. Only contiguous sections of property, with frontage on Route 28 (Main Street) Harwich Port or Lower County Road in Harwich Port as described in Section 11.2 are included in this Overlay District. The Overlay District is bounded on the north side of Route 28 by Freeman Street to the east and by the east side of Bank Street to the west to a depth of 200 feet; also by the west side of Bank Street to the east to the east side of South Street to the west to a depth of 300 feet; also by the west side of South Street to the east and Miles Street to the west to a depth of 200 feet. The Overlay District is bounded on the south of Route 28 by Bay View Road to the east, and by the intersection of Route 28 and Lower County Road to the west to a depth of 200 feet. In addition, the overlay district includes the south side of Route 28 bounded by Route 28, Lower County Road and the irregular line formed by the westernmost property line of Assessor’s Map 13, Parcel W7-10.

11.4 Procedure
a. The Planning Board shall serve as the Special Permit Granting Authority for developments within the Colonial Commercial Overlay District.
b. Prior to the submission of an application for Special Permit under this by-law, the applicant may meet with the Planning Board at a public meeting for a pre-application conference to discuss the proposed development in general terms and establish the plan filing requirements. The Planning Board shall schedule a meeting for a pre-application conference following a written request from the applicant, inviting preliminary comments from the Board of Health, Conservation Commission, and any other interested officials or agencies. The purpose of this pre-application conference is to inform the Planning Board as to the nature of the proposed project. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Planning Board of the scale and overall concept of the proposed project and its relationship to abutting properties.
c. Special Permit applications shall comply with and be subject to the requirements of Section X.L – Major Site Plan Approval.

11.5 Dimensional Requirements
a. Lots shall have frontage along Route 28 (Main Street) to utilize the dimensional requirements of paragraph 11.4. Adjacent parcels may be included provided they are under the same ownership and are also located within the overlay district. Where possible lots should be combined by plan or deed prior to the issuance of the Special Permit.
b. Setback requirements:
1. Front setback requirements shall be determined at the time of site plan review based on existing development patterns and the elements of the proposed project.
2. Side lot line setback shall be 10 feet.
3. Rear lot line setback shall be 20 feet
c. Parking shall be permitted at the side or rear of the property.
d. Maximum site coverage shall not exceed 80%.
e. The maximum permitted height for new constructions shall not exceed 30 feet or 2½ stories.
f. Assessor’s Map 13, Parcel W7-10 is included in this Overlay District with the provision that the western most property line, that abuts residential property, must comply with the minimum of 20 foot set back and open space, if the property is redeveloped.
g. The Board may waive or modify these dimensional requirements if it is found that such waiver or modification will not substantially derogate from the purpose and intent of this By-Law and that such waiver or modification may be granted without substantial detriment to the neighborhood or overall public good.

12. Apartment(s) Incidental to Commercial
Special permits for Apartment(s) Incidental to Commercial may be granted upon a determination by the Planning Board that the following additional criteria have been met:

a. There shall be no less than 33% of the floor area of the building or building (s) dedicated to a Commercial use(s). A Commercial use(s) shall be located at the front of the building, facing the street and shall be located on the ground level.
b. For each apartment incidental to commercial, there shall be 10,000 square feet of lot area per unit. Applications for apartments incidental to commercial shall also comply with Board of Health regulations.
c. The parking shall comply with the requirements of Section IX, Off-Street Parking Regulations.
d. There shall be an outdoor landscaped public area provided as part of the landscaping requirement.
e. Special Permit applications shall comply with the requirements of Section X.L - Major Site Plan Approval.
f. Screening of parking shall comply with the provisions of Section IX.C.1.a.

And further to amend Section II (Definitions) by adding the following:
Apartment(s) Incidental to Commercial – A dwelling unit or multi-family dwellings in the same building or on the same lot or property.

And further by adding Under Section V.E. Table 1, Use Regulations, Paragraph I. Residential Uses the following:

11. Apartments Incidental to Commercial

R-R R-L R-M RH-1 RH-2 C-V CH-1 CH-2 I-L RH-3 MR-L MRL-1 WR PWS
- - - - - S1 - - - - - - -

1In the Colonial Commercial Overlay District only.

And to act fully thereon. By request of the Planning Board.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

ACCEPT ROAD LAYOUTS

ARTICLE 4. To see if the Town will vote to accept the layouts of the following roads as laid out by the Board of Selectmen:

Abigail Avenue, Harwich
Hope Lane, Harwich
Tracy Lane, Harwich
Juniper Lane Extension (final portion), North Harwich
Halls Path One, East Harwich

and to authorize the Selectmen to purchase or take by eminent domain the land or interest in the land within said layouts for use as public ways and to raise and appropriate or transfer from available funds a sufficient sum of money for this purpose and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $

NO RECOMMENDATION PENDING FURHTER INFORMATION.

LEASE OF TOWN-OWNED LAND FOR
WIRELESS COMMUNICATION SITE – KILDEE HILL

ARTICLE 5. To see if the Town will vote to transfer the care, custody, management and control of the land described in this article from the Town of Harwich Water Department for general municipal purposes to the Board of Selectmen for general municipal services and also for the purpose of leasing to a communications services provider for construction, use and maintenance of a communications service facility or facilities, for a term not to exceed twenty-five years, said land being all or a portion of the parcel shown on Assessors Map 13, Parcel A-3, known as Kildee Hill, and to authorize the Board of Selectmen to enter into such lease on such terms and conditions as the Selectmen shall determine; or take any action relative thereto, and to act fully thereon. By request of the Board of Selectmen.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

LEASE OF TOWN OWNED CRANBERRY BOGS

ARTICLE 6. To see if the Town will vote to authorize the Board of Selectmen to enter into long-term lease agreements for the use of Town-owned Cranberry bogs described as follows:
1) Bogs acquired from Chatham Cranberry Company, Inc., off Birch Drive, as shown on Harwich Assessor’s Map 79, as parcels C1-A, C1-B, and C1-C, containing 68.88 acres more or less, being further shown on the plan recorded in Barnstable Plan Book 306, Page 14.
2) Bogs acquired from Main Street Cranberry Co., LLC located at 374 Main Street, as shown on Assessors Map 47, as Parcel A-10, containing 33.6 acres more or less, and being shown on a plan recorded in Barnstable Plan Book 460, Page 55.
The Lease to be issued on such terms and conditions as established by the Board of Selectmen and to allow general agricultural use as part of the lease and to act fully thereon. By request of the Board of Selectmen.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

UNPAID BILLS

ARTICLE 7. To see if the Town will vote to raise and appropriate, or transfer from available funds a sufficient sum of money to pay unpaid bills of past years, as provided for in Chapter 179 of the Acts of 1941 and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $

NO RECOMMEDATION PENDING FURTHER INFORMATION.

CRANBERRY VALLEY GOLF COURSE
CLUB HOUSE RENOVATIONS

ARTICLE 8. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds a sufficient sum of money to complete the renovation and expansion, and to equip the clubhouse and maintenance buildings at Cranberry Valley Golf Course, and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $

NO RECOMMENDATION PENDING FURTHER INFORMATION.

TELEPHONE SYSTEM FOR THE MIDDLE SCHOOL

ARTICLE 9. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to fund the purchase and installation of a telephone/intercom/emergency paging system for the Middle School and to fund the training for use of such system, and to act fully thereon. By request of the School Committee. Estimated cost: $39,974.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

Hereof fail not to make return of this Warrant with your doings thereon at the time and place of said meeting.

Given under our hands this 2nd day of July, 2001

____________________________________
Cyd Zeigler, Chairman

____________________________________
Peter S. Hughes

____________________________________
Peter J. Luddy

____________________________________
Sylvia Laffin

____________________________________
Donald F. Howell

BOARD OF SELECTMEN

A true copy Attest:

____________________________________
CONSTABLE