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Amend Subsection 174-45.1.C. by deleting the phrase of a mixed-use commercial center development "approved as part of a mixed-use development under permitted under the provisions of Section 174. Subsection 174-46.H, or" in the first sentence and by 45.1. The maximum number of units so trans- amending the phrase"C-1,C-1-O or C-1-SV districts" ferred shall be determined by reference to the " in the third sentence to read"C-1 district"; incentive bonus provisions contained in Subsection 174-46.D. Any land set aside as open Delete the fifth sentence of Subsection 174-45.1.D. space as part of a transfer of residential units under regarding the size of on-street parking spaces; this subsection shall also be subject to the bound. In the third paragraph of Subsection 174-45.1.F., ing requirements described in Subsection 174. delete the word "commercial" before the word "uses" 46.C.(3), the permanent dedication requirements in the second sentence; of Subsection 174-46.C.(4), the declaration of choice and filing requirements of Subsection 174. Amend Subsection 174-45.1.G. by adding the phrase 46.C.(5) and the maintenance requirements of s". " Subsection 174-46.C.(6) as well as any residential units transferred under the " provisions of Subsection 174-46.H.(4)" at the end of the second sentence; or take any other action relating thereto. 1, TM Amend the phrase"C-1,C-1-O or C-1-SV districts"in Submitted by Planning Board the first sentence of both the first and second para- graphs of Subsection 174-45.1.1. to read "C-1 dis- Explanation: The zoning by-law currently allows trict"; mixed commercial and residential development, including three story buildings,under the provisions of Amend Subsection 174-45.1.1.by adding the phrase", the"OSID"by-law. However, that by-law was written except as provided below or specifically authorized primarily with residential condominium projects in elsewhere in this by-law," after the phrase "but not mind and its provisions are rather complicated and { including height" in the first sentence of the second unclear about how a mixed-use project would be per ., paragraph; mitted. This amendment would simplify that process by allowing the same transfer of residential develop- Amend Subsection 174-45.1.1. by adding two new ment rights into non-residential zoning districts pro $" paragraphs after the second paragraph that read vided under the OSID by-law, along with allowing the transferred residential units (and not any other uses)to "Where residential units are to be transferred into be located in a third story, but provide that the project the commercial center under the provisions of would be by special permit from the Planning Board Subsection 174-46.H.(4), the Planning Board, as under the existing "commercial center" zoning provi part of its approval of the special permit for said sions. The article also makes several minor"clean up" t center, may authorize an increase in building amendments to the commercial center by-law, remov- height to three (3) stories and up to forty-five (45) ing references to the no-longer-existing C-1-SV and feet to accommodate said residential units only. C-1-0 zoning districts and a sentence regarding on- street parking which conflicts with the parking by-law j No increase in height above that which is allowed in amendments made at the October 2004 Town Meeting, the underlying zoning district may be approved unless there is adequate access for Fire Department vehicles Motion made to dispense with reading of article. and equipment and all Fire Protection Construction Documents required by 780 CMR Subsection 903.1.1 Motion to dispense with reading of article passes at of the Massachusetts State Building Code,as it existed 9:44 p.m. on May 3, 2004, have been submitted to the Planning Board and Fire Department as part of the special per- Motion made by George Green. mit application and the Board is satisfied that the fire protection standards of said Subsection will be met"; Motion: I move Article 12 be voted as printed in the warrant, with the exception of the phrase, "or take any Amend Subsection 174-46.H. by adding a new sub- other action relating thereto". section 174-46-H.(4) to read Planning Board voted at a Public Hearing held on "(4)As an alternative to the above provisions,res- April 7,2004 5-0 for approval. idential units may be transferred from other parcels that will be preserved as open space to Motion passes by a 2/3rds vote at 9:55 p.m. land within a commercial or industrial zone as part 58