The following vision statement establishes the framework for the goals, policies and objectives of this Local Comprehensive Plan. Guidance comes principally from the 1988 Master Plan and the 1995 Community Vision Project Survey and Workshop Results. The Master Plan focused on key local issues related to growth management, community character, economic development, transportation and parking, and housing. In order to establish a clearer picture of the citizens' mandate, the Vision Project fleshed out these issues through a public opinion poll, probing additional issues associated with the Harbor and waterfront, historic preservation, and waste disposal.

The 1999 Local Comprehensive Plan Committee decided not to alter this section from the 1997 draft plan. The Committee believes that the Town Vision is still valid, and is based on extensive surveying of the community. Therefore, no revisions or changes were made.

Provincetown's compact urban character will be preserved. We will preserve and enhance historic architecture, Harbor views, the scale of streets and buildings, the mix of uses, and the pedestrian environment that characterize the Town. Development that is out of scale and character will continue to be discouraged by local regulations.

Environmental quality and natural resources will be protected. We will continue to expand local protection of wetlands, ponds, harbors, floodplains, groundwater supplies, greenway migration corridors, dunes, beaches, and other natural resources providing habitat, flood prevention, recreation sites, and scenic resources to complement existing local, state and federal regulations. Communication and coordination with the Cape Cod National Seashore is imperative.

Growth will be managed to help preserve Town character and limit the need for new services. We will manage the rate of development so that growth is planned in accordance with available and projected water supply, wastewater and solid waste disposal, and other Town services, and is compatible with traditional building design, building scale, and development patterns.

Necessary services will be available to all Provincetown residents. Public drinking water supply, solid waste facilities, wastewater facilities, health services, and other local and regional services will be expanded and improved to meet the needs of existing and future populations.

Affordable housing will be available to residents in need. Housing will be available and affordable to all permanent residents, with special consideration given to the elderly and young people just entering the housing market, as well as those working in important service capacities.

Provincetown will have a sustainable year-round economy with increasing employment opportunities for permanent residents. The local economy will not be solely tourist-based, with particular attention paid to promotion of traditional commercial fishing and arts-related businesses. To ease the seasonal drop-off in the local economy, efforts will be made to expand the duration of the tourist season.

Provincetown Harbor will be environmentally and economically healthy and provide opportunities for all residents. Using the Municipal Harbor Plan as a guide, we will promote appropriate use and development of the Harbor area, ensuring public access for all.

Traffic circulation and parking will serve the needs of residents and visitors without compromising Provincetown's Town character and quality of life. We will reduce peak-period traffic flow in the downtown area through circulation improvements, increase the availability of alternate parking locations, and improve and promote shuttle services, pedestrian connections to parking lots, and other traffic-mitigating measures. Particular emphasis will be placed on water-based transportation alternatives.

Provincetown will maintain a diverse population. The community will continue to welcome people of all income levels, occupations, and backgrounds.

PROVINCETOWN LOCAL COMPREHENSIVE PLAN

1. LAND USE AND

GROWTH MANAGEMENT

1.1 INTRODUCTION

Issues of land use and growth management have common characteristics with many of the issues addressed in other Plan sections, including open space, natural resources, transportation, capital facilities, affordable housing, and economic development. While all have significance to every town on Cape Cod and reflect common problems and objectives, Provincetown's land use and growth management scenario is particularly place-specific and defined by its unique geography and geographical location.

Provincetown's compact village development pattern, peninsular location and vulnerable natural resources are at the heart of the Town’s need for growth constraint. These geographical constraints join with local and regional interest in maintaining community and historic character and protecting and preserving scenic and natural resources. Provincetown is geographically isolated, surrounded by water and the National Seashore, and the limited area available for development within the Town contributes to the demand for new construction and conversion and expansion of existing structures.

It should also be noted that Provincetown’s unique development pattern and lack of undeveloped land and open space make some land use policies and ideas inappropriate. For example, the concept of “cluster development” addressed in Minimum Performance Standard 1.1.2 of the RPP, does not work in a Town where minimum lot sizes are 5,000 and 8,000 square feet. The Zoning By-law requiring so little land for a buildable lot makes it difficult to offer an incentive to developers to set aside open space in exchange for smaller lot sizes. Also, “clustering” of the dwellings occurs under the present By-law requiring setbacks of a minimum of 30 feet apart and 20 feet back to back, and requiring no more than 40% lot coverage in order to maintain the historic dense development pattern. Cluster development also requires a large parcel of land so that areas can be designated for open space and vegetated buffers from busy roads as well as for individual dwelling lots.

Provincetown has three municipal conservation areas. Totaling nearly 15 acres, Foss Woods was acquired in 1995. Also in 1995, the Provincetown Conservation Trust was given a Conservation Restriction for the Railroad Right-of-way abutting Foss Woods to Howland Street. In 1999, the Town purchased the 7.52-acre Shank Painter Pond Uplands, for a total municipal conservation area of 22.52 acres. No Town on Cape Cod has more protected land--some 70 percent of the total land area. The Province Lands, previously owned by the Commonwealth and now part of the Cape Cod National Seashore, have long been protected and have determined the location of development. Other protected land not under National Park Service jurisdiction includes the Water Resources District and over 30 acres of land held by the private, non-profit Provincetown Conservation Trust.

Historic settlement patterns, reinforced by the 4500-acre National Seashore holdings, have effectively created a linear pattern of development. Dense development that is approximately four miles long and two miles wide has occurred along the Harbor shoreline. This developed area, with its clearly defined edges, is surrounded by protected open space.

In the face of tremendous growth pressure and increasing real estate prices, land that is undeveloped or underdeveloped is at a premium. Demand for single-family residences and condominiums exceed the available inventory. Real estate has become so valuable that all properties that were formerly abandoned or unoccupied within the old part of Town have been renovated and re-occupied. Real estate prices have increased by as much as 30% in one year. Development in the far West End has occurred on all but one lot of the Meadowview Heights subdivision. The last two lots in the Thistlemore Road area have been developed.

It is a commonly held myth that there is no land left to develop in Provincetown. A November 1999 report to the Board of Selectmen said:

The long term analysis of remaining undeveloped and underdeveloped land indicates that there are 132 undeveloped parcels, having at least 5, 000, and up to 960,390 square feet (24 acres). Some of these parcels are subdividable and thus represent more than 132 possible single-family houses. Another 100 parcels are considered non-buildable due to environmental issues. The projection by Whiteman and Taintor, planning consultant to the Cape Cod Commission, estimate a growth of 560 new residences from 1995 level by 2015, and that number is borne out by review of the existing undeveloped and underdeveloped land remaining in Provincetown. The number is easily reached by 2020 at the current rate of annual development under the present Growth Management By-law.

Provincetown's threshold for growth is determined largely by the limits of its water supply, capacity to manage solid waste and wastewater, and available transportation facilities. Responding to widespread concern about the capacity of the public water supply and other municipal services, and threats to the very community character that drives the economy and makes Provincetown a desirable place to live, the 1988 Master Plan called for growth limits. The resulting Growth Management By-law allowed for a maximum of 28 and then 23 building permits per year. With water becoming a critical concern, an amended by-law will be proposed at ATM 2000 which will establish a Water Limitation Goal of gallons per day of additional Title 5 flow for new dwelling units and changes or expansions of existing uses and structures that result in additional flow. This should provide a more accurate measure of the impact of growth on available resources, and most specifically, on the potable water supply.

Incentives for affordable housing have also been added to the by-law. Developers with affordable units as part of their proposal receive level 1 status for market permits. This has resulted in forty-eight new units of affordable housing in 1999 alone. An amendment proposed to the by-law would provide levels within the level one ranking based on the percentage of affordable housing. The higher the percentage, the higher the ranking. A major obstacle for any affordable housing project is the high cost of land.

1.2 GOALS AND POLICIES

GOAL 1: To ensure growth and development that is consistent with the carrying capacity of the Town’s natural resources and services, and the capacity of existing systems to provide supply services in order to maintain good environmental and economic health and a high quality of life.

POLICY A: Development and redevelopment shall be located away from Significant Natural Resource Areas as illustrated on the Cape Cod Significant Resource Area Map dated September 5, 1996.

POLICY B: Appropriate redevelopment of existing residential and commercial areas and construction within existing subdivisions should be encouraged in order to accommodate growth while minimizing additional subdivision and development of land.

GOAL 2: To maintain and reinforce the compact pattern of development established by the historic village development pattern. The Town already allows property line setbacks and lot areas that are consistent with the development pattern of the older part of Town. Averaging setbacks for existing structures should also be encouraged to provide a uniform streetscape and to make the location of new structures consistent with the existing development pattern.

POLICY A: Compact forms of development and mixed residential and commercial development shall be encouraged in order to minimize further land consumption.

GOAL 3: To promote consistency with the predominant scale, massing, density, and architectural style of existing buildings in all new development, renovation and expansion.

POLICY A: Where strip commercial development exists, improvement to its appearance through : sign control, infill, relocation of parking, landscaping, underground utilities, design review, and redevelopment consistent with the recommendations of the Cape Cod Commission's Design Guidelines for Cape Cod, Designing the Future to Honor the Past should be encouraged. Proposed strip commercial development shall be consistent with the Town’s scale by-law, site plan review and its surroundings.

POLICY B: Infill construction in residential and mixed-use areas shall conform to historic setbacks, scale and massing, reinforcing the traditional streetscape and community and historic character.

POLICY C: Expansion or creation of strip development shall not be permitted. Redevelopment of existing strip development shall provide adequate buffers between parking areas and the street, and significant improvements to interior parking lot landscaping, as well as facade improvements and frontage buildings as necessary to enhance the visual character of the site.

GOAL 4: To protect the Harbor and waterfront while continuing to provide public access to the waterfront for traditional Town uses such as commercial fishing and whale watching, and for public use and tourist-related activities. Goal 4 is a general goal intended to complement the preceding goals and inform land use decision-making on the waterfront. The Coastal Resources section of the Natural Resources section contains specific policies and actions relative to the Harbor and waterfront.

1.3 INVENTORY

A. Land Use Inventory

Provincetown has a total area of 6,444 acres, of which the Cape Cod National Seashore controls 4,500 acres. Provincetown saw little change in the amounts of landcover classified as open land, inland wetland, and salt wetland between 1971 and 1990, owing largely to the existence of the National Seashore. The biggest increase over that period was in the amount of land in residential use, with an overall increase of some 86 acres.

Given the concentration of commercial development in the compact downtown area, the increase in commercial acreage from approximately 180.5 to about 195 acres between 1971 and 1990 is also significant. Most of this commercial growth occurred between 1984 and 1990. The loss of nearly 100 acres of forestland between 1971 and 1990 is notable as well. Many of the natural areas within the Town’s borders have been cleared and developed, largely for residential uses.

B. Location and Capacity of Existing Public Water Supply

All of Provincetown's water is piped from the Knowles Crossing and Paul Daley wellfields, owned by the Town of Provincetown but located in Truro, and from an additional well located at the former North Truro Air Force Station. The latter is used through a special use permit administered by the Cape Cod National Seashore. Water from these wells also serves a portion of Truro. The source is the Pamet Lens, one of six lenses, or components, of the Cape-wide sole source aquifer.

The Pilgrim Lens, located in Provincetown, was long ago abandoned as a water source because of high salinity and generally poor water quality. Provincetown is currently meeting peak summer demand but is not prepared to meet increased demand in the future and lacks emergency back-up supplies.

Already stressed in meeting water demand on an average summer day, the Town must ensure that the lens is not mined (withdrawn at a higher rate than recharge) allowing harmful salt intrusion. Two permits, a Groundwater Withdrawal Permit from the Commonwealth of Massachusetts and a Special Use Permit from the National Park Service for the North Truro Air Force Base well, control Provincetown’s water use. Under terms of the DEP Water Management Act, the Town is currently limited to withdrawing 311.62 million gallons per year (MGY).

Total metered pumpage for 1996 was nearly 409 MGY, up from 406 MGY the previous year. Consumption in 1997 was 368 MGY, and 1998 consumption was 339 MGY. Regarding the 1996 figures, according to the Final Needs Assessment Report of the Wastewater Management Facilities Planning Study "[t]he discrepancy between the total pumpage and total consumption (169 million gallons) is believed to be due to erroneous flow meters at the well pump stations, and leakage and unmetered usage in the distribution system. The flow meters are believed to over report the pumpage by 15 percent." (p. 4) The Town is therefore currently within the limits of its water withdrawal permit but there is no guarantee that total pumpage will remain in compliance by the year 2020.

The figures for the percentage of water unaccounted for as a percentage of total consumption indicate that the Town is making major progress in the areas of conservation, leak detection and appropriate and more accurate accounting methods. The figures is 1996 were 39%, in 1997 they dropped to 31% and in 1998 they declined further to 23%.

The best potential locations for drawing water from the Pamet Lens are all within the Cape Cod National Seashore. The National Park Service is mandated to protect all resources that feed surface waters, including groundwater, within the National Seashore. It may take an Act of Congress for a National Park to provide water on a long-term basis. Therefore, for use of such well sites to be considered, not only must the Town demonstrate need, but it must be clear that potential well sites would have no negative impact on natural resources. The Lower Cape report indicates that use of the existing sites supplying Provincetown all have potential "moderate" impacts on "identified natural resources at a 0.5 MGD pumping rate" and that the Air Force Station well has less impact on National Seashore resources than utilizing only the Town wells outside of the National Seashore boundary. Additionally, while the "Coast Guard" site in the National Seashore that is identified as a hypothetical water source is projected to have no impact on natural resources.

According to the Lower Cape study, "(r)ecent scientific evidence has suggested that impacts could be avoided if wells were moved to less sensitive areas on NPS-owned land (Martin, 1993, Sobczak and Cambareri, 1995) and the draft National Seashore General Management Plan seeks to provide a basis for coordinated water management. However, the NPS is limited by law and policy to neither sell nor lease any of its resources to non-NPS entities on a permanent basis. This includes water." (p. 47) NPS policy does allow the Seashore to consider short-term sale of water in emergency situations, subject to strict conditions.

Desalinization of marine water has been investigated by the Town as a potential solution to Provincetown's water supply, but was deemed infeasible, except in the case of emergency, temporary use. The Town is considering desalinization as part of its back up plan should one of the wellfields fail and as part of addressing DEP’s redundancy requirements.

While use of a desalinization facility could offset the demands of the ever-increasing peak summer population, major drawbacks include the high cost of desalinization technology, the lack of available land for siting such a facility, and the absence of an appropriate place to discharge the high-sodium by-product. The Town is also investigating the level of treatment that would be necessary for sources within the Town. The water supply system and possible future scenarios are described in greater detail in the Water Resources section of the Natural Resources section of this plan.

C. Zoning and Dimensional Requirements, Cape Cod Commission Review

Provincetown is divided into the following classes of zoning districts: Class B-Residential, Class G-Residential, Class W-Residential, Class W-B-Residential, Class P-Commercial, Class-R-Commercial, Class S-Seashore, and Class M-Public Use. In addition, there is a Harborfront Overlay District. A new Zoning Map, prepared with the assistance of the Cape Cod Commission, was adopted at Annual Town Meeting 1999.

The Town consists of three residential districts, one, Class B, allowing single-family houses only. There is one mixed residential and commercial zone, class WB. Commercial uses allowed in the zone are business or professional offices, and do not include retail sales. This zone is located along Harry Kemp Way, from Conwell Street to Howland Street.

There are also three commercial districts. Downtown from Dyer Street to the Coast Guard Station on Commercial Street is zoned Class R - commercial. A large residential population also exists in this area, above and behind the shops, restaurants and bars. Another commercial area is Shank Painter Road from Bradford Street to Route 6. This area has seen dramatic growth and development in the past few years, beginning with the new A & P Supermarket. The third commercial area is along the west side of Conwell Street from the old A & P site to Route 6. A good portion of the old A & P site is slated for eighteen units of affordable housing. A portion of the property was also subdivided to provide a lot for future commercial development.

It is important to note some other unique land-use allowed under the Zoning By-law. Provincetown allows use Variances. That is to say that even though a use may be prohibited within a zone, the Zoning Board of Appeals may grant a Variance for the use. This poses a problem in that zoning exists for a reason, and uses should be allowed according to zone, and it also is inconsistent with the requirements for granting a Variance under MGL c.40A, the Zoning Act. It is difficult to make a legal connection between the use not allowed in the zone and a hardship that is inherent in the land or structures.

Provincetown’s Zoning By-law also allows for Neighborhood Retail Sales and Services (commercial uses) within residential zones by Special Permit from the Zoning Board of Appeals. This may in some way be related to the linear development pattern of the Town, the clear distinction between the East End, Center and West End, and the need to have smaller convenience stores in the neighborhoods. The difficulty is that what constitutes Neighborhood Retail Sales and Services is not clearly defined in the By-law, and is open to a broad interpretation. There is the potential for uses to be approved that are inconsistent with the residential character of the neighborhood.

Most projects in Provincetown do not meet the Cape Cod Commission thresholds for Development of Regional Impact (DRI) Review. The thresholds established are above what most projects propose, due to the smaller lot area requirements, dense development pattern and limited amount of developable land. The most frequent DRI review is for demolition of an historically significant structure. In the past, Town boards and staff have made discretionary referrals, as in the case of the proposal to create residential lots at Shank Painter Pond. The Cape Cod Commission also frequently provides technical assistance to Town staff and boards. Provincetown does not have a Town planner or a Town engineer, and Commission staff frequently provides review and recommendations on proposed development.

D. Growth Management By-law

As stated earlier, as the water supply has become an increasingly critical issue, the Town has looked for a more accurate way to measure and manage growth. For the first ten years of the Growth Management By-law, the measure for growth was a fixed number of building permits available each year. In 1999, the Board of Selectmen, Planning Board, Board of Health and Water and Sewer Board proposed a new an more accurate way to measure growth’s impacts.

Provincetown manages growth by limiting the number of Growth Management Allocations available each year for:

1. construction of new dwelling units,

2. dwelling unit additions and conversions,

3. expansions or alterations of existing structures,

4. expansions or alterations to existing uses and

5. all other changes in use that create additional Title 5 flow.

Each application for an allocation is assigned a minimum gallons per day design flow by the Health Agent, based on data in Section 15.02 of 310 CMR 15.00, General Requirements of the State Environmental Code, Title 5. That number is the Water Consumption/Usage for that Allocation request. The Water Consumption/Usage is deducted from the Water Limitation Goal established each year by the Board of Selectmen, Board of Health, Planning Board, and Water and Sewer Board. It is a goal that is consistent with available resources such as potable water, solid waste disposal and wastewater management, and the design capacity of existing systems to sustain growth.

Exemptions from the requirements of the By-law include:

1. Municipal uses

2. Laundromat

The Department of Regulatory Management may not exceed the Water Limitation Goal each year in the number of allocations issued. Growth Management Allocations for construction, alterations and additions are valid for a six-month period, during which time the applicant must start the project. Applications for changes in use must obtain all necessary regulatory board approvals and all required licenses prior to being issued. Lapsed allocations shall be available for re-allocation only within the calendar year in which they are issued.

The Permit Coordinator shall also determine, with the Building Commissioner, Health Agent and Licensing Agent, when an application is complete. Applications must be complete, by determination of the Permit Coordinator, thirty days prior to the issue date. A definition of a complete application follows. Permits are issued four times a year, on or about February 15, May 15, August 15 and November 15. No applicant may receive more than 20% of the Water Limitation Goal in any calendar year.

The By-law also addresses a critical need in Provincetown for affordable housing. A priority system is established within the By-law under which allocations are awarded, with top priority given to developments that include affordable housing. The greater the percentage of affordable units, the higher the priority level assigned. This top priority status is consistent with the Goals and Policies of the Board of Selectmen, Town Manager and Town Staff Priority levels.

Within the Growth Management By-law, each application is assigned a priority level. Top priority is given to market-rate dwelling units done in conjunction with affordable dwelling units. Next come single-family dwellings and two-family dwellings, with an additional priority based on the number of units per lot. The lower priority is given to commercial uses and to expansions or alterations of existing structures or uses.

In first ten years that the By-law has been in existence, top priority was always given to residential dwelling units and the lowest priority to commercial uses under the principle that a person should be able to build their own home before a commercial use is allowed to expand. The revisions to the By-law proposed for Town Meeting 2000 change the priorities by establishing three separate categories, each with its own percentage of the annual Water Limitation Goal. The categories are affordable housing, residential uses and commercial uses. The Water Limitation Goal set most recently for calendar year 2000 is 3,650 gpd. Another petitioned article on the Town Meeting Warrant would move single-family houses to the very top of the list, above affordable housing projects.

Ranking is not time sensitive. Higher priority applications move in front of those with a lower priority status, regardless of the date the applications were filed. A newly filed Level 1 application would be automatically placed above a pending Level 2 application.

Level	Description
1a	Project that includes 100% affordable housing
1b	Project that includes 50% - 99% affordable housing
1c	Project that includes 25% - 49% affordable housing
2a1	Single-family dwelling, one per lot
2a2	Single-family dwelling, two per lot, each in a separate structure
2a3	Single-family dwelling, three or more per lot, each in a separate structure
2b1	Two-family dwelling, one per lot
2b2	Two-family dwelling, two-per lot
2b3	Two-family dwelling, three or more per lot, each in a separate structure
3a	Multi-family dwelling
3b	Nursing Home
3c	Manufactured Home developments
3d	Cluster development
4a	Boarding, Lodging or Tourist Homes
4b	Hotel, Motel, Inn
4c	Restaurant and Bar
5	All other expansions or alterations to existing structures, expansions or alterations to existing uses and all other changes in use resulting in increased water consumption/use

The priority levels are also related to our Zoning By-laws. Article I, Section 1240, Permitted Principal Uses, has a similar system for listing uses that are allowed within various Zoning Districts in Town. Land area requirements are addressed in Article III, Section 3000 of the Zoning By-law.

When applications are submitted to the Department of Regulatory Management, they are date and time stamped. That is important when two applications of the same Level are competing for permits. Then, the date the application was declared complete becomes the determining factor. In the case of Level 1 permits, the date the Local Housing Partnership awarded permits for the affordable portion of the project determines which allocations get issued first.

Figures for development permits issued annually for new housing units are available from 1980 to 1999. Those numbers break down as follows:

1980	1981	1982	1983	1984	1985	1986	1987
7	6	14	79	53	93	38	90
1988	1989	1990	1991	1992	1993	1994	1995
35	30	10	28	15	22	17	20
1996	1997	1998	1999
28	28	28	23

The history of Growth Management Permits since 1989 is listed below:

Year	Permits Available	Permits Used	Permits Unused
1989	28	3	25
1990	28	12	16
1991	28	8	20
1992	28	16	12
1993	28	25	3
1994	28	20	8
1995	28	21	7
1996	28	28	0
1997	28	28	0
1998	28	28	0
1999	23	23	0
TOTAL	303	212	91

In 1997, the Town voted at Annual Town Meeting to set aside the ninety-one permits that were “unused” during the first ten years of Growth Management. These permits are awarded by the Local Housing Partnership for construction or conversion of affordable housing units. As of November 1999, the Partnership had awarded forty-eight of the ninety-one permits. Those projects are listed below:

	Permits awarded by PLHP	91 permits set aside in 1997	Bedrooms
40A Nelson Avenue	8	83	13
32 Conwell Street	18	65	37
35 Conwell Street	6	59	14
83 Shank Painter Road (pending)	4	55	15
54-58 Harry Kemp Way	4	51	8
24 Captain Bertie’s Way	5	Remaining 46	10

It is important to note in any discussion of available water supply that these permits are not part of the regular Growth Management process. Even though these were “unused” permits from previous years, no water allocation was made for the permits, and all are new construction and will require additional hookups to the system.

E. Historic District

Provincetown has the fourth largest National Register of Historic Places historic district in the state and the entire housing stock is the oldest on the Cape, with 1939 the median year of construction (in contrast to the Cape median of 1971). The result is a strong historic fabric and sense of community character, the downside is that the housing stock is in need of repair and updating to meet current codes.

Using the design guidelines written by the Cape Cod Commission, the Provincetown Historical Commission (PHC) is empowered to review Developments of Regional Impact (DRI), and to make recommendations on proposals for alterations to contributing structures within the Historic District. DRI review is most often triggered by proposed demolition of a contributing structure.

The CCC design guidelines under which the PHC operates are written for the entire Cape and are deliberately general. As a result, they require significant interpretation by the board to tailor them to each application under review. The role of the PHC and development review is discussed in greater detail in the Historic Preservation and Community Character section of this Plan. The frustration that the PHC has experienced in trying to interpret the CCC guidelines is addressed along with the recent formation of an Historic District Study Committee.

1.4 ANALYSIS

A. Land Use Trends

The entire Cape is under development pressure, especially from residential construction. In addition to new development, which is controlled to an extent by the Growth Management By-law, the inevitable renovation and restoration of residential and commercial structures, while generally beneficial to the Town, results in some expansion and intensification of use, adding to the strain on municipal services. Given Provincetown's water supply limitations, seasonal population fluctuations, and day-tripper tourist industry, conventional measurements of growth do not adequately reflect the burdens the Town must bear.

Clearly, water supply issues demand solutions for the long-term sustainability of the Town. Toward that end, more in-depth analysis and possible solutions are addressed in the Water Resources section of the Natural Resources section. This Land Use section of the Plan acknowledges the limits of the water supply in the face of growth, and addresses issues involved with managing that growth.

Residential Development

Although Provincetown's growth, as measured by the development of residential units, is well behind the pace of Cape Cod as a whole, new dwellings have consumed a large portion of Provincetown’s limited developable land over the past twenty-five years. Growth was particularly rapid in the W-Zone in the 1970s and 1980s, with a surge in the construction of multi-family dwellings. Taking into account units added through expansion and reconfiguration of existing dwellings, the real significance of this is the impact on municipal services, especially the water supply.

In a Town that sees great seasonal shifts in population, the total number of people using these services is as significant as a count of the actual units. Development takes its toll on Provincetown's fragile ecosystems as well, due to the high water table and complete reliance on individual cesspools and Title 5 systems for wastewater disposal.

The decline in the number of new housing starts from 1990 through 1995 is attributable in part to the Growth Management By-law adopted by the Town in 1989. However, while the Growth Management By-law ensures a relatively low rate of residential starts, the addition of units added through alteration and expansion of existing dwellings was beyond the scope of the by-law for the first ten years.

Condominium conversion has also had an impact on residential uses and growth over the past several years. According to the Assessor’s Office, 1,624 units were converted to condominiums between 1972 and 1996. This has impacted Town services due to an intensification of use of the property, resulting in increased consumption of water, additional septic discharge, and more solid waste.

It has impacted the Town’s community and historic character by introducing more overhead utility lines and the demand for more off-street parking, resulting in the loss of green space. Six-foot high solid fences have subdivided lots and decks and patios tend to increase lot coverage, and in many cases, completely cover the lot. Individual ownership has resulted in a tendency to define one’s territory and to create privacy by blocking visual access. This is inconsistent with our village development pattern, with low picket fences and the ability to see into your neighbor’s yard. High privacy fences have also been added at the street-front, destroying the consistent definition of public, semi-public and private space. These fences create visual detriment to the neighborhood, and are inconsistent with our community and historic character.

Most importantly, it has contributed to the loss of year-round rental units. Renters are displaced by conversion, and are unable to find rental units at any price. Provincetown has become like Manhattan in terms of the competition for apartments. While the bulk of condominium conversion occurred in the 1980’s, it continues at a significant rate, and will impact the availability of a year-round and seasonal work force.

Commercial Development

Commercial growth is also difficult to gauge. Though available commercial land is extremely limited, expansions and conversions have tended to maximize the capacities of retail and restaurant establishments. This has resulted in increased demand on water, waste and other services, as well as having an increasing impact on vehicular and pedestrian circulation. While retail uses that were exempt from the Growth Management By-law do not result in additional dwelling units or seats, they arguably contribute to Provincetown's tourist-drawing power, contributing in turn to the burden on local services, the environment and roads.

Prior to 1999, the only commercial uses covered under the Growth Management By-law were Lodging and Tourist Homes, Motels and Inns, Restaurants and Bars. Growth Management did not regulate all of the new commercial development along Shank Painter Road. As the amount of water available has decreased, the Board of Selectmen, Water and Sewer Board, Planning Board and Board of Health have proposed a revision to the By-law that will capture all development that results in an increase in Title 5 flow. The flow rate will be established by the Health Agent, and deducted from the annual amount available annually.

Projected/Anticipated Changes

There is public support for stronger growth management regulation as well as for design guidelines and historic preservation regulation. At the 1999 Annual Town Meeting, a Zoning By-law amendment to lower the number of available permits from 28 to 23 per year passed unanimously, with no one speaking in opposition. The Board of Selectmen, Planning Board, Board of Health and Water and Sewer Board will sponsor a revised Growth Management By-law at Annual Town Meeting 2000, which would result in a further reduction, based on Title 5 flow, of the growth allowed annually. Provincetown has reached a critical point with providing potable water to its citizens. With the existing water system pumping twenty-four hours per day five months of each year, there is little if any additional capacity for new hookups. It is likely that growth will be curtailed rather than managed at some future point.

B. Sensitive Environmental Resources

All of Provincetown's surface water bodies, including its Harbor, ponds, wetlands, and the shoreline, are sensitive resources. The majestic dunes within and surrounding the Town are also vulnerable. While some of these features are contained within the National Seashore holdings, others are not. The Town has recently purchased two conservation areas, mentioned earlier in this section. Progress has been made toward managing these areas by forming an Open Space Committee to oversee the Town’s properties, and to investigate acquiring other open space that is environmentally vulnerable. Funds will be available for this purpose from the 3% real estate tax for the Cape Cod Land Bank.

C. Buildout Analysis

For the purposes of this Plan, the Outer Cape Capacity Study, applying to the towns of Eastham, Wellfleet, Truro, and Provincetown, is the source of population and buildout projections.

Methodology

The Capacity Study buildout model consists of two major steps: determining vacant land; and estimating buildout. “Buildout” is defined as the maximum permissible construction of houses and businesses under current regulations. A buildout analysis looks specifically at zoning, not at market conditions. Thus, it is a measure of development potential, and not demand.

While the housing growth rate for the other three Outer Cape towns is based on recent average rates, the long-term growth rate for Provincetown is based on the building permit limit of 28 units per year as determined by the Growth Management By-law until it was revised in 1999. The average household size (persons per household) for each town

TOWN VISION

Description

TOTAL

Bedrooms