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Explanation: stock in trade, defined as a minimum of 25% of
<br /> Recommendation: Finance Committee to make rec- the total inventory as determined by the Building
<br /> ommendation at Town Meeting. Inspector, videos, movies, or other film material
<br /> which are distinguished or characterized by their
<br /> Recommendation: Planning Board recommends emphasis depicting, describing, or relating to
<br /> approval. sexual conduct or sexual excitement as defined
<br /> Motion made by Elizabeth Petti. by Massachusetts General Laws, Section 31 of
<br /> Chapter two hundred seventy-two.
<br /> I move that Article 46 be approved as printed in the (5) ESTABLISHMENT WHICH DISPLAY LIVE
<br /> warrant except to replace the phrase"10 feet side"
<br /> with the phrase 1115 feet side", replace the phrase NUDITY: an entertainment establishment which
<br /> "maximum of lot coverage 30 percent" with the permits a person or persons to perform in a state
<br /> of nudity as defined by Massachusetts General
<br /> phrase "maximum of lot coverage 20 percent" and
<br /> delete the phrase "or take any other action related Laws, Section 31 of Chapter 272, or an estab-
<br /> thereto". lishment which displays live entertainment
<br /> which is distinguished or characterized by their
<br /> Motion passes as amended 11:07PM. association with sexual activity,including sexual
<br /> Article 47: To see if the Town will vote to amend the conduct or sexual excitement as defined by
<br /> Massachusetts General Laws, Section 31 of
<br /> Zoning By-law as follows:
<br /> Chapter 272."
<br /> By amending Article II Definitions, §174-3,by insert-
<br /> and by amending §174-25 Table of Use Regulations
<br /> ing the following after ACCESSORY USE and before by adding the following new subsection 11) Adult
<br /> APARTMENT: Uses to subsection E) Principal retail business and
<br /> "ADULT USES: An adult bookstore, an adult motion consumer service establishments:
<br /> picture theater, an adult paraphernalia store, an adult "(11)Adult Uses (subject to the provision of §174-
<br /> video store,an establishment which displays live nudi- 45.2) Adult Uses shall be allowed only in the
<br /> ty, as further defined below, and such other uses as
<br /> portion of I-1 generally bounded by Route 130,
<br /> provided by Chapter 40A, Section 9A. ;
<br /> Ashumet Road and the Massachusetts Military
<br /> (1) ADULT BOOKSTORE: an establishment hav- Reservation."
<br /> ing as a substantial or significant portion of its
<br /> stock in trade, defined as a minimum of 25% of and inserting the letters SP under the I-1 column of
<br /> the total inventory as determined by the Building said Table;
<br /> Inspector, books, magazines, and other matter and finally, by adding the following to Article IX
<br /> which are distinguished or characterized by their Special Provisions:
<br />> emphasis depicting, describing, or relating to
<br /> "§174-45.2 Adult Uses
<br /> sexual conduct or sexual excitement as defined
<br /> by Massachusetts General Laws, Section 31 of A. INTENT AND PURPOSE
<br /> Chapter 272. The intent of the section is to regulate the locations of
<br /> n (2) ADULT MOTION PICTURE THEATER: an adult uses in order to lessen the harmful secondary
<br /> f enclosed building used for presenting material effects on adjacent areas. These secondary effects,
<br /> distinguished by an emphasis on matter depict- which are documented in various studies include an
<br /> ing, describing, or relating to sexual conduct or increase in crime, a decline in property values, a flight
<br /> f sexual excitement as defined by Massachusetts of existing businesses, and gradual blight of residen-
<br /> General Laws, Section 31 of Chapter 272. tial neighborhoods. The purpose of the Adult Use sec-
<br /> (3) ADULT PARAPHERNALIA STORE: an estab- tion is to prevent crime,maintain property values,pro-
<br /> lishment having as a substantial or significant tect the Town's retail trade, and protect and preserve
<br /> portion of its stock defined as a minimum of the quality of residential neighborhoods. The section
<br /> P does not prohibit adult uses, but rather provides rea-
<br /> 25% of the total inventory as determined by the
<br /> d sonable alternative avenues of expression throughout
<br /> B
<br /> it uilding Inspector, devices, objects, tools, or the Town.
<br /> 5 toys which are distinguished or characterized by
<br /> their association with sexual activity, including B. SPECIAL PERMITS REQUIREMENTS
<br />' sexual conduct or sexual excitement as defined Adult Uses must comply with the following require-
<br /> by Massachusetts General Laws, Section 31 of ments in addition to the requirements in §174-24 C
<br /> Chapter 272. Special Permit Use:
<br /> (4) ADULT VIDEO STORE: an establishment hav- 1) Dimensional Requirements: Any proposed
<br /> ing as a substantial or significant portion of its
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