Town Of Edgartown: 2021 Zoning Bylaw Available!

Press release from the Town of Edgartown:

09/24/2021 12:37 PM

Edgartown has a revised Zoning Bylaw, available for download now.

The warrant articles, approved at Town Meeting in May, 2021, have been reviewed and approved by the Massachusetts Attorney General, and are now in effect.

A summary of changes:

Amendment of the definition of certain terms.  These refined definitions are not intended to create new rights or limitations, but simply to provide clarity.

This article amends some of the definitions used in our Zoning Bylaws.   This change is intended align the text of the Zoning Bylaw with the meaning of the terms as they have been used by the Planning Board, Zoning Board of Appeals, and Building Departments.  This is intended only to provide greater clarity for owners and developers.  No new rights or limitations are intended by these changes.

Clarification of permissible uses in setback areas.

Setback areas are intended to provide a physical buffer between abutting properties, and to insure emergency access to all four sides of a private or commercial structure.  This article clarifies the use of setback areas.  The proposed changes align with our current practices regarding what is permissible in a setback area.

Authority to review Special Permit applications, and proposed changes to the Cape Pogue DCPC.  It will also authorize the Town to make rules for, and regulate uses in, the Cape Pogue Overlay District.

The amendments to Section 5.4 (Cape Pogue “District of Critical Planning Concern”) includes

These changes, approved by the MV Commission, are intended to give the town greater authority and latitude in regulating uses in Cape Pogue, and provide for more local oversight and protecting of the area.

Clarity regarding building height exemptions.

The Special Permit Granting Authority’s right to allow an exemption to a building height limit has been clarified, by referring to the revised definition of “Mean Natural Grade”

Allow residents with undersized lots to add modest improvements to their property without the burden of Special Permit review.

Previously, property owners with undersized lots had to request approval to build even basic structures.  In some cases the approval was administrative, in other cases, a special permit was required – a process costing time and money.    We've changed the right for property owners – under certain conditions – to build ONE utility shed up to 100 square feet, and ONE single-car garage up to 220 square feet without a special permit.  Other overlay district regulations may apply in some cases, and a building permit is always required.  However, this will ease the regulatory burden for structures that do not reasonably result in an increase in the use – even on small, undersized lots.

Greater flexibility for local businesses and residents who are granted Special Permits, by extending the minimum special permit duration from one to two years.

We've increased minimum term of all special permits issued under the Zoning Bylaw to a minimum of two years, and allowed for a single 12-month extension upon request.  Three years is the maximum term for special permits allowed by State Law. 

Reduce the regulatory burden on local residents wishing to add an accessory apartment to an existing dwelling.

We've amended the “Accessory Apartments” section of the Bylaw to eliminate some outdated language, and to allow an applicant to consecutively apply for necessary permits from the ZBA and Historic District.

The Planning Board can consider proposals for a Senior Residential Development.  Such developments were previously not allowed under the Zoning Bylaw anywhere in Edgartown, under any conditions.

The Edgartown Zoning Bylaw previously allowed the Town to consider only smaller rest homes or nursing homes by special permit.  Such developments were limited to a single structure of no more than 3,800 square feet, served by a single dining facility.

Age-in-place housing, semi-detached dwellings, separate dwelling units with assisted living capacity, separate on-site housing for staff, larger assisted living facilities or larger nursing homes were not allowed by the Zoning Bylaw.  If such a proposal were submitted to the Town for consideration, it could not even be considered by any board or committee.

The Addition of Section 15 to the Zoning Bylaw allows the Planning Board to consider proposals for larger, multi-building, or campus-style Senior Residential Developments.

As with any special permit, abutters must be notified, a public hearing conducted, and proposals thoroughly reviewed before they may be approved.  The Planning Board must consider location, building size, building design, parking, setbacks, landscaping, ADA compliance, emergency access, access to public transportation, preservation of open space, and other criteria.   To approve, the Planning Board must find that the overall development represents the highest and best design possible, and that it will not detrimentally affect the immediate neighborhood, or the Town.

If you have any questions about the changes to the Zoning Bylaw, feel free to contact the Planning Office at your convenience.

This press release was produced by the Town of Edgartown. The views expressed here are the author’s own.