05/06/1997 Annual Town Meeting - Laserfiche WebLink

Home Browse Search

C) A violation, of any one of these requirements may result in the revocation of the establishment's Special Permit. C. PROCEDURES 1) Adult Use Special Permits shall only be issued following the procedures specified in §174-24. C. 2) As specified under Chapter 40A, Section 9A, Massachusetts General Law any existing adult bookstore, adult motion p�icture theater, adult paraphernalia store, adult video store, or establishment which displays live nudity for its patrons (see subsection 3 below) shall 0 apply for such permit within ninety (90) days following the adoption of this section. 3) Any adult use granted a license prior to January 1997 must apply for a Special Permit from the Planning Board, as specified in subsection 2) above, but will be granted an extension of up to one (1) year following the adoption of the requirements specified in §17445.2 (B) so long as said establishment does not violate subsection a) or b) under Section 2 (Other Requirements)�. If said establishment violates subsection a) or b) under Section 2 (Other Requirements) then the Planning Board will have the right to place restrictions by a four-fifths vote on time and manner of said operation. If at the end of one (1) year said establishment has not complied fully, said establishment may apply to the Planning Board for one more extension as long as said establishment can show good cause for the extension. The Planning Board may grant the extension within a reasonable period (not to exceed five (5) months) by a four-fifths vote. At such time the extension is granted, the Planning Board may add further restrictions by a four-fifths vote. D. LAPSE: 1) A Special Permit granted under this section shall lapse after two (2) years, not including such time required to pursue or await the determination of an. appeal. referred to in Massachusetts General Laws, Chapter 40A, Section 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in the case of a permit for construction, if the construction has not begun by such date, except for good cause. The determination of good cause shall be made by the Planning Board. 2) A Special Permit issued under this section shall lapse upon any transfer of ownership or legal interest or change in contractual interest in the subject premises or property. The Special Permit may be renewed thereafter only in accordance with §174-24 C) and the procedures outlined ab�ove." Submitted by Petition Explanation: The intent of this Article is to regulate the locations of Adult Uses in order to lessen the harmful secondary effects on adjacent areas. These secondary effects, which are documented in various studies include an increase in crime, a decline in property values, a flight 59