1997-Annual Town Report - Laserfiche WebLink

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Adult Use must comply with the following min- Massachusetts General Law any existing adult imum distance separations: bookstore, adult motion picture theater, adult paraphernalia store, adult video store, or estab- lishment which displays live nudity for its aration is required from any other Adult patrons (see subsection 3 below) shall apply for Use. such permit within ninety (90) days following l tion of this section.ado �j b) A minimum six hundred (600) foot separa- the P tion is required from the Adult Use struc- 3) Any adult use granted a license prior to January ture to existing residential uses and dis- 1997 must apply for a Special Permit from the ;t tricts; educational uses; religious uses pub- Planning Board, as specified in subsection 2) fy lic beaches; and public active recreation above, but will be granted an extension of up to kE 7 facilities, including school athletic fields one (1) year following the adoption of the and facilities, and town parks. requirements specified in §174-45.2 (B) so long c) A minimum five hundred (500) foot sepa- as said establishment does not violate subsection ,3 a or under Section 2(Other Requirements). If ration is required from any establishment ) ) " licensed under the provisions of said establishment violates subsection a) or b) under Section 2 (Other Requirements) then the Massachusetts General Laws, Section 12 of Chapter 138. Planning Board will have the right to place restrictions by a four-fifths vote on time and d) A twenty (20) foot vegetative buffer con- manner of said operation. If at the end of one(1) taining adequate screening given the char- year said establishment has not complied fully, acter of the neighborhood and the intensity said establishment may apply to the Planning of the use shall be provided between adult Board for one more extension as long as said uses and abutting commercial uses, if any. establishment can show good cause for the 2) Other Requirements: extension. The Planning Board may grant the extension within a reasonable period (not to a) The applicant or owner must disclose if exceed five (5)months)by a four-fifths vote. At they have been convicted of violating the such time the extension is granted, the Planning provisions of Massachusetts General Laws, Board may add further restrictions by a four- i Section 63 of Chapter 119 or Section 28 of fifths vote. Chapter 272. A special permit shall not be issued to any person convicted of violating D. LAPSE: the provisions of Massachusetts General 1) A Special Permit granted under this section shall Laws, Section 63 of Chapter 119, or lapse after two (2)years, not including such time Section 28 of Chapter 272. The applicant is required to pursue or await the determination of to disclose any and all involvement with 'an appeal referred to in Massachusetts General other adult uses in the Town. Laws, Chapter 40A, Section 17, from the grant b) No signs, pictures, publications, video- thereof, if a substantial use thereof has not soon tapes, movies, or other advertising that fall er commenced except for good cause, or in the within the definition of adult use or are case of a permit for construction, if the construc- erotic, prurient, or related to violence, tion has not begun by such date, except for good sadism, or sexual exploitation shall be dis- cause. The determination of good cause shall be played in the windows of, or on the build- made by the Planning Board. ing of any Adult Use, or be visible to the 2) A Special Permit issued under this section shall public from the pedestrian sidewalks or lapse upon any transfer of ownership or legal interest or change in contractual interest in the walkways, or from other public or semi- public areas outside such establishments. subject premises or property. The Special Permit C) A violation of any one of these require- may be renewed thereafter only in accordance ments may result in the revocation of the with §174-24 C) and the procedures outlined �f establishment's Special Permit. above." Submitted by Petition C. PROCEDURES 1) Adult Use Special Permits shall only be issued Explanation: The intent of this Article is to regulate the locations of Adult Uses in order to lessen the following the procedures specified in §174-24. C harmful secondary effects on adjacent areas. These secondary effects, which are documented in various 2) As specified under Chapter 40A, Section 9A, studies include an increase in crime, a decline in prop 86