04/22/1998 PLANNING BOARD Minutes

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. A - A w and by amending §174-25 Table of Use Regulations by adding the following new subsection 11) Adult entertainment uses to subsection E) Principal retail business and consumer service establishments: '� 43 A "(11)Adult entertainment uses (subject to the provisions of§ 174-45.2) Adult entertainment uses shall be allowed only in C-1, C-1-0, C-1-SV and C-2 zones subject t� o the following setback requirements: . • 500 feet from the boundary of any residential zoning district {', 3 1. r ■ 1,000 feet from any school buildings, and zOld 4 • 1,500 feet from any other existing adult entertainment use as defined by this zoning by-law. ,. .w The distances specified shall be measured b a straight line from the nearest + y g property line of the premises of the proposed adult entertainment use to be located to: 4 • the nearest boundary line of a residential zoning district, • the building line of any school, or • the nearest property line of an existing adult entertainment use." R V0 and inserting the letters S P under the C-1, C-1-Q, C-1-S V, and C-2 columns of said Table; ' and finally, by adding the following to Article I.X Special Provisions: "§ 174-45.2 Adult entertainment uses ;. A. AUTHORITY, PURPOSE AND INTENT 1) This by-law is enacted pursuant to M.G.L. Chapter 40A and pursuant to the Town's * r authority under the Home Rule Amendment to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and r concentration of certain adult entertainment and uses, as defined and designated herein, in , response to studies demonstrating their deleterious effects. r � 2) It is the purpose and intent of this by-law to regulate the locations of adult entertainment 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 of existing businesses, and gradual blight on neighborhoods. The purpose of the Adult Use By-law is to prevent crime maintain roe values protect the p� y p � property rtY � Town's retail trade, and protect and reserve the quality of residential neighborhoods and the Y p p � y g impact on school children. The section does not prohibit adult entertainment uses, but rather '"`# provides reasonablyregulated areas for these purposes within the Town. � � The } provisions of this by--law have neither the purpose nor intent of imposing a limitation on , the content of any communicative matter or materials, including sexually oriented matter or i materials. Similarly, it is not the purpose or intent of this by-law to restrict or deny access byI adults to adult entertainment establishments or to sexually oriented matter or materials that 11 J � . 4 „