1986-1999-ZONING BY-LAWS - Laserfiche WebLink

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Article 31 To see if the Town will vote to amend the Zoning Bylaw by amending Section 174-45.1. "Commercial centers"as follows: Add the following sentence to subsection A: "In issuing such special permit,the Board shall ensure that r h the design of approved projects is in keeping with the character of the town and of Cape Cod." Replace the current language of subsection B with the following: K 'B.Unless such center is approved as part of a mixed-use development under Subsection 174-46.H,or an alternate schedule of dimensional requirements is approved by the Planning Board under subsection I. below,there shall be required front,rear,and side building setbacks at the perimeter of the site at least as ' great as those normally required within the zoning district,and at least ten feet greater than the depth of any open space buffer required under Subsection C below,except that front setback shall be seventy-five (75)feet along Routes 28 and 151. No structure within a Commercial Center may be located,and no clearance of natural vegetation may occur,within three hundred(3 00)feet of any fresh or salt water body of more than ten(10)acres,or within three hundred(300)feet of the Mashpee, Santuit,Quashnet or Childs Rivers or Red Brook,or within one ; hundred(100)feet of any active or recently active(within 10 years)cranberry bog,pond under ten(10) acres, or any wetlands as defined by MGL Chapter 131,Section 40 or the Mashpee Wetlands Bylaw. The provisions of this section regarding building setbacks or clearance of vegetation shall not apply to any artificial water body or watercourse created(i.e.as an entirely new water body,not by dredging or enlargement of an existing water body,watercourse or wetland)in conformance with any applicable local, state or federal regulations." Replace the first phrase of Subsection C with the words"Unless such center is approved as part of a mixed-use development under Subsection 174-46.H,or an alternate schedule of dimensional requirements is approved by the Planning Board under subsection I.below,". Replace the last sentence of Subsection C with the following: "The Planning Board may waive or reduce the requirement for an open space buffer(except along a public way outside the C-1,C-1-O or C-1-SV districts)where the legal owners of the abutting property have certified, in writing,that they have no objection to the elimination or reduction of said buffer strip." Add the following additional paragraphs to Subsection D: "Where a commercial center will be divided into lots under section 1.below,parking requirements may be met in one of two ways. Either each lot will be required to provide off-street parking based on the requirements for individual uses contained in Article VIII,or an overall shared parking scheme may be developed which conforms with parking space requirements for commercial centers specified by Section 174-43. In the latter case,the applicant shall specify how shared parking areas are to be owned, constructed,operated and maintained and provide the Board with proposed deeds,deed restrictions, association bylaws or other legal documents or mechanisms for ensuring the same. Where on-street parking is proposed,eight(8)foot wide parking lanes shall be constructed in addition to any travel lanes,gutters,curbs or berms. On-street parking spaces shall be at least twenty-three(23)feet in length. Parking structures may be permitted provided that the Planning Board determines that their design, r. placement and operation will not adversely impact public health or safety or the character of the area and that their design will be compatible with the existing and proposed architectural character of the area. Said structures will not be counted toward maximum developable area and may not exceed thirty(30)feet in