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Amend Subsection 174-46.H. by adding a new subsection 174-46-H.(4)to read <br /> 11(4)As an alternative to the above provisions,residential units may be transferred from other <br /> parcels that will be preserved as open space to land within a commercial or industrial zone as <br /> part of a mixed-use commercial center development permitted under the provisions of Section <br /> 174-45.1. The maximum number of units so transferred shall be determined by reference to the <br /> incentive bonus provisions contained in Subsection 174-46.D. Any land set aside as open space <br /> as part of a transfer of residential units under this subsection shall also be subject to the bounding <br /> requirements described in Subsection 174-46.C.(3), the permanent dedication requirements of <br /> Subsection 174-46.C.(4), the declaration of choice and filing requirements of Subsection 174- :{ <br /> 46.C.(5) and the maintenance requirements of Subsection 174-46.C.(6)." <br /> or take any other action relating thereto. <br /> Submitted by Planning Board <br /> 1 4 <br /> Explanation: The zoning by-law currently allows mixed commercial and residential <br /> development, including three story buildings,under the provisions of the "OSID"by-law. ; <br /> However, that by-law was written primarily with residential condominium projects in mind and <br /> its provisions are rather complicated and unclear about how a mixed-use project would be <br /> permitted. This amendment would simplify that process by allowing the same transfer of <br /> residential development rights into non-residential zoning districts provided under the OSID by- <br /> law, along with allowing the transferred residential units (and not any other uses)to be located in <br /> a third story, but provide that the project would be by special permit from the Planning Board <br /> under the existing"commercial center"zoning provisions. The article also makes several minor , <br /> "clean up" amendments to the commercial center by-law, removing references to the no-longer- M <br /> existing C-1-SV and C-1-O zoning districts and a sentence regarding on-street parking which <br /> conflicts with the parking by-law amendments made at the October 2004 Town Meeting. <br /> Motion made to dispense with reading of article. <br /> lam <br /> Motion to dispense with reading of article passes at 9:44 p.m. <br /> Motion made by George Green. <br /> Motion: I move Article 12 be voted as printed in the warrant,with the exception of the phrase, <br /> or take any other action relating thereto'. r H <br /> Planning Board voted at a Public Hearing held on April 7,2004 5-0 for approval. <br /> i <br /> 5 F <br /> Motion passes by a 2/3rds vote at 9:55 p.m. <br /> ° N <br />