The Town acquired the former Cape Cod Sea Camps property along Cape Cod Bay in 2021 ("Bay Property") for purposes of habitat and watershed protection, open space, conservation, passive and active recreation, community housing, and general municipal uses, including a potential community center;

Prior to acquisition, the Bay Property was used for more than 100 years as a private camp, primarily as a seasonal children's recreational camp for both day and overnight campers;

The Bay Property was also regularly rented and used during the camp's shoulder season by community groups for various social, cultural, educational and recreational activities;

The Bay Property is currently improved with buildings, trails and drives, utilities, infrastructure and various recreational amenities; and also hosts various natural resource areas like a pond, field and forest areas, and a beach;

The Bay Property is directly adjacent to the Town-owned, so-called "Spruce Hill Property" to the east, which is held for open space and conservation purposes but also contains an area with buildings and related improvements along Route 6A, reserved for general municipal use;

Following the Bay Property acquisition, the Town undertook a comprehensive, community-led planning effort, including public workshops, surveys and monthly meetings of the Bay Property Planning Committee, to help envision, create consensus for and prioritize future uses for the Bay Property;

This planning effort, which also included the building on the Spruce Hill Property, resulted in the preparation of a comprehensive plan for re-use ("Bay Property Comprehensive Plan"), which was adopted by Town Meeting in Spring 2024. The guiding principles for said Comprehensive Plan established through this community engagement process were as follows:

In the period following the Town's acquisition, the Town has continually used the Bay Property in a campus-like manner for a variety of general municipal uses, including without limitation a public swimming pool, a beach, and community events;

The establishment and implementation of Comprehensive Plans for the Town's re-use of the former Cape Cod Sea Camps properties, including the Bay Property, is a strategy identified in the Town's overall Local Comprehensive Plan;

The Bay Property Comprehensive Plan includes an area designated "Future Municipal Uses" where any of the purposes for which the Town acquired the Property may be pursued, including community housing;

Beyond the zoning considerations, implementation of the Bay Property Comprehensive Plan, including any proposed development activities, will require further community input, potential revisions of said Comprehensive Plan to specifically address the reserved "Future Municipal Use" area, various regulatory and other approvals, and funding decisions;

Future decision making will involve, as applicable: Brewster residents; the Select Board; other Town officials, boards and committees; Town staff; and Town Meeting;

In furtherance of the foregoing, this article creates an overlay district to govern the implementation of the approved Bay Property Comprehensive Plan which: recognizes the types of uses and development allowed in the District; establishes clear expectations and processes to permit and implement such use and development under the Zoning Bylaw; removes unnecessary barriers to achieving the community's vision for the Property; allows flexibility in determining the best uses for the Property as the community and Town's needs change over time; and provides the opportunity to preserve the existing character, layout and arrangement of the site. As such, this article is to be construed as permissive or enabling in spirit, to the extent necessary to achieve the purposes and goals of the Bay Property Comprehensive Plan and the purposes set out above.

This article establishes an overlay district and implementing provisions that apply only within said district to serve and advance the purposes and interests described in this article. Said overlay district shall be referred to as the Bay Property Overlay District (or "BPOD") and encompasses the area shown on the map entitled "Proposed Bay Property Overlay District Map, September 2024" on file with the Town Clerk and incorporated herein. The BPOD is comprised of the entire property formerly operated as the Cape Cod Sea Camps on Cape Cod Bay, now owned by the Town, as well as a portion of the Town-owned "Spruce Hill" property to the east, abutting Route 6A, containing the buildings and related improvements thereon.

The provisions of this article are superimposed over all land within said overlay district, including the underlying zoning districts affecting such land. Where this article establishes rules, regulations, requirements, standards or provisions for the overlay district that differ from or are more specific than the general provisions of the Zoning Bylaw, including those uses and structures found in Table 1 of this chapter,[1] the provisions of this article shall control. Unless otherwise modified herein, the provisions of the Zoning Bylaw shall apply in the normal course.

Permitted uses.

Use and development accessory to the above uses, including retail uses related and incidental thereto, shall be permitted by right.

Principal permitted uses proposed under this article shall undergo "staff review" as set out under Chapter 83 of the Brewster Code, for the purpose of providing comments and recommendations to the Building Commissioner. Should such proposed use and development also trigger site plan review under Article XII of this chapter, the site plan review standards set out under § 179-66 therein shall apply only to the extent deemed relevant and shall be met only to the extent deemed practicable by the Planning Board.

The adequacy of parking areas, drives, and loading areas (and related dimensional requirements) for said permitted uses shall be assessed through site plan review, if applicable, and through Chapter 83 staff review.

The Area and Bulk Regulations, Tables 2 and 3, respectively, of this chapter,[1] specifically the minimum lot, yard setback and building coverage requirements therein, shall not apply to the permitted uses within the BPOD. Site plan review, if applicable, and Chapter 83 staff review shall assess the appropriateness of the proposed settings, placement and density of buildings and structures.

In lieu of reviewing individual buildings or projects, site plan review or Chapter 83 staff review may also assess said permitted uses within the BPOD through the submission and review of comprehensive implementing plans prepared for housing, traffic and circulation, stormwater, landscaping, facilities and infrastructure, or other land use matters.

No lotting for separate principal uses or structures shall be required, but is allowed, for the permitted uses within the BPOD. If separate lots are created, the minimum lot requirements of said Table 2 shall not apply, including that there is no minimum requirement for lot frontage, but in any event safe and adequate, practical and legal access to said lot for its intended use and development shall be required.