05/03/2004 Annual Town Meeting - Laserfiche WebLink

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Article 12 To see if the Town will vote to amend the Zoning By-law as follows: Amend the first sentence of Subsection 174-45.I.B. by deleting the phrase "such center is approved as part of a mixed-use development under Subsection 174-46.H, or"; Amend Subsection 174-45.I.C. by deleting the phrase "approved as part of a mixed-use development under Subsection 174-46.H, or" in the first sentence and by amending the phrase 44c-1� C-1-0 or C-I-SV districts"' in the third sentence to read "C-I district"; Delete the fifth sentence of Subsection 174-45A.D. regarding the size of on-street parking spaces; In the third paragraph of Subsection 174-45.I.F., delete the word "commercial" before the word 44uses" in the second sentence-, Amend Subsection 174-45.I.G. by adding the phrase "as well as any residential units transferred under the provisions of Subsection 174-46.H.(4)" at the end of the second sentence; Amend the phrase "C-1, C-1-0 or C-l-SV districts" in the first sentence of both the first and second paragraphs of Subsection 174-45.1.1. to read "C-I district"; Amend Subsection 174-45.1.1. by adding the phrase '.', except as provided below or specifically ,authorized elsewhere in this 'by-law,"' after the phrase"but not including height" in the first sentence of the second paragraph- Amend Subsection 174-45.1.1. by adding two new paragraphs after the second paragraph that read "Where residential units are to be transferred into the commercial center under the provisions of Subsection 174-46.H.(4), the Planning Board, as part of its approval of the special permit for said center, may authorize an increase in building height to three (3) stories and up to forty-five (45) feet to accommodate said residential units only. No increase in height above that which is allowed in the underlying zoning district may be approved unless there is adequate access for Fire Department vehicles and equipment and all Fire Protection Construction Documents required by 780 CMR Subsection 903.1.1 of the Massachusetts State Building Code, as it existed on May 3, 2004, have been submitted to the Planning Board and Fire Department as part of the special permit application and the Board is satisfied that the fire protection standards of said Subsection will be met."; Amend Subsection 174-46.H. by adding a new subsection 174-46-H.(4) to read "(4) As an alternative to the above provisions, residential units may be transferred from other parcels that will be preserved as open space to land within a commercial or industrial zone as part of a mixed-use commercial center development permitted under the provisions of Section 174-45.1. The maximum number of units so transferred shall be determined by reference to the incentive bonus provisions contained in Subsection 174-46.D. Any land set aside as open space ,as part of a transfer of residential units under this subsection shall also be subject to the bounding 18