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HomeMy WebLinkAbout1996-05-06SCOTt' HARSHBARGER ATTORNEY GENERAL (617) 727-2200 August 19, 1996 Joyce A. Bmdshaw Town Clerk 120 Main Street North Andover, Massachusetts 01845 Dear Ms. Bradshaw: I return the amendments to the general by-laws adopted under articles 45 of the warrant for the North Andover annual town meeting that first convened on May 6, 1996, with the enclosed approval of this Office. br nbe°;G e ner al Chief, Municipal Law Unit (617) 727-2200 x 2096 Eric. cc: Joel Bard, Esq., Kopelman & Paige, 31 St. James Ave., Boston, MA 02116 TOWN OF NORTH ANDOVER ]oyce A. Bradshaw, Town Clerk (508) 688-9501 Fax (508) 688-9556 TOWN BI~DING 120 l~nin Sil~t North Andov~, MA 01845 This is to certify that the following vote was taken for Article 45 at the adjourned Annual Town Meeting for the Town of North Andover held May 13, 1996 at the North Andover High School Auditorium: Unanimously voted that the Town amend the North Andover Town Code by adding three new sections to Chapter 123, as follows: Section 122-2. Parades Any hawkers or peddlers selling goods, wares, and merchandise in conjunction with or in the vicinity of any parade, including, without limitation the Fourth of July Parade, in the Town of North Andover, shall be subject to the following restrictions: 1. Hawkers and peddlers shall at all times remain a distance of at least thirty (30) feet from the center-line of the street or roadway of the parade route. 2. No explosive devices such as Hand thrown Caps or similar products capable of making explosive noises shall be sold. 3. Ail hawkers and peddlers shall display their license number in a conspicuous manner at all times. 4. Ail hawkers and peddlers shall make any goods, wares or merchandise, which they offer or intend to offer for sale, available for inspection by the Police or Fire Chiefs or their designees. Section 122-3. Enforcement The Enforcement Agent for the purpose of this bylaw shall be the Chief of Police or his designee. Section 122-4. Violations~Penalty Any person or organization violating any of the provisions of this bylaw shall be subject to a fine of three hundred ($300) dollars, and each day a violation occurs shall be considered a separate offense. This penalty may be enforced under the provisions of the non-criminal disposition provisions contained in Article 1, Section 4.0 of the Town's General Bylaws. Boston, Massachusetts The foregoing amendments to the general by-laws adopted under article(s) 45 of the warrant for the North Andover town meeting that convened on May 6, 1996, are approved. SCOTT HARSHBARGER ATTORNEY GENERAL August 19, 1996 Sco1T HARSHBARGER &I~INEY GEI~RAL August 14, 1996 Joyce A. Bradshaw Town Clerk 120 Main Street North Andover, Massachusetts 01845 Dear Ms. Bradshaw: I return the amendments to the zoning by-laws adopted under articles 6, 17, 19, and 22 of the warrant for the North Andover annual town meeting that first convened on May 6, 1996, with the enclosed approval of this Office. Articles 20 and 21 from the same warrant are still under review. Sincerely,! ! · · ~,Is]nathan A. Abbott Assistant Attorney General Chief, Municipal Law Unit (617) 727-2200 x 2096 Enc. cc: Kopelman & Paige, 31 St. James Ave., Boston, MA 02116-4102 TOWN OF NORTH ANDOVER Jo.vc~ A. Bt'ad. mw, Tgwn Clerk (.508) 6~-9501 Fax (508) 688-9556 TOWN BUrr nlIqG I20 Main Strut North An~t,'~v~, MA 01845 This is to certify that the £ollowing vote was taken on Article 22 at the adjourned Annual Town Meeting for the Town of North Andover held May 7, 1996 at the North Andover High School Fieldhouse= ARTICLE 22. AMEND ZONING BYLAW. ADD NEW SECTION 8.8, ADULT USE ZONE. Unanimously Voted that the Town amend the Zoning Bylaw by providing for regulations governing adult uses as follows: a. By adding the following definitions to Section 2 and renumbering the existing paragraphs as appropriate: 2.22. ADULT BOO,STORE--An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or s~xual excitement as defined in MGL Ch. 272, Sec. 31. 2.23. ADULT CABARET--A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which regularly features persons or enEer~ainers who appear in a state of nudity, or live performances which are distinguished or characterized by nudity, sexual conduct .or sexuaI excitement as defined in MGL Ch. 272, Sec. 31. 2.24. ADULT MOTION PICTURE THEATER--An enclosed building or any portion thereof used for presenting material (motion picture films, video cassettes, cable television, slides or any other such visual ~ media) distinguished by an emphasis on matter depicting, describing, or ~elating to sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. 2.25. ADULT PARAPHERNALIA STORE--An establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. 2.26. ADULT VIDEO STORE--An establishment having as a substantial or significant portion of its stock in trade--for sale or rent--motion picture films, video cassettes, and similar audio/visual media, which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. 2.27. ADULT USE--Adult Bookstores, Adult Theaters, Adult Paraphernalia Stores, in this Bylaw. Cabarets, Adult Motion Picture and Adult Video Stores as defined b. By adding the following section: Section 8.8 Adult Use Zone The Adult Use Zone is herein established as an overlay district and shall be superimposed on the other districts established by this Bylaw. The requirements enumerated for this Adult Use Zone shall be in addition to, rather than in place of, the requirements of the other districts. Adult uses may be allowed by Special Permit in the Adult Use Zone, as described below. Adult uses shall be prohibited at any other~ location in the Town. The following regulation shall apply to Adult Uses as defined in Section 2 of this Bylaw. Boundaries: Boundaries of the Adult Use Zone are shown on the Zoning Map and shall include the following parcels as identified on the 1995 Assessor's Map: Map 34 Parcel 27 Map 77 Parcel 13 Map 77 Parcel 14 Map 77 Parcel 3 Northerly 250'+/- by Holt Road Easterly 340' +/- by Lot 2 Southerly 240' +/- by City of Lawrence Airport Comm. Westerly 330' +/- by Lot 4; Northerly 100' +/- by Holt Road Easterly 370' +/- by Lot 4 Southerly 130' +/- by Parcel 3 Westerly 400' +/- by Clark Street; Northerly 245 Easterly 330' Southerly 250 Westerly 370' Northerly 410 ' +/- by Holt Road +/- by Lot 3 ' +/- by Parcel 3 +/- by Lot 7; ' +/- by Lots 3, 4 and 7 Easterly 250' +/- by city of Lawrence Airport Comm. Southerly 465' +/- by City of Lawrence Airport Comm. Westerly 460' +/- by Clark Street; Map 77 Parcel 12 (3 sided lot) Northerly 410' +/- by Parcel 17 Easterly 270' +/- by Clerk Street Southerly 285' +/- by City of Lawrence Airport Co~.; and Map 77 Parcel 17 Northerly 120' +/- by City of Lawrence Airport Comm. Easterly 210' +/- by Clark Street Southerly 410' +/- by Parcel 12 I. Westerly 590' +/- by City of Lawrence Airport Comm. II. SeDaration Distances: Adult uses may not be located: within five hundred feet (500') feet of any Residential Zoning Districts or within 500 feet of any church, school, park, III. IV. VI. VII. VIII. playfield or other location where large nurabers of minors regularly congregate. within five hundred feet (500') of any other adult use as defined herein; within three hundred feet (300') of any establishment licensed under MGL Ch. 138, Sec. 12. Maximum Usable Floor Area: With the exception of an adult cabaret or an adult motion picture theater adult uses may not exceed three thousand five hundred (3,500) square feet of useable floor area. Parkina Recuirements: The following ~arki~g requirements shall apply: ao Parking shall be provided in the side or front yard only. All parking areas shall be illuminated, and all lighting shall be contained on the property. Parking areas shall be landscaped in conformance with the appropriate provisions of the zoning by-law. Screenina and bufferinq: At a minimum, a five (5) foot wide landscaped buffer shall be provided along the side and rear property lines of an adult use establishment consisting of evergreen shrubs or trees not less than five (5) feet in height at the time of planting, or a solid fence not less than six (6) feet in height. Ail building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public. No adult use shall be allowed to display for advertisement o~ other purpose any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or' words as defined in M.G.L. Sec. 31 Ch. 272. Application information: The application for a special permit for an adult use establishment must include the following information: Name and address of the legal owner of the establishment, and of the legal owner of the property; Name and address of all persons having lawfUl equity or security interests in the establishment; C. Name and address of the manager; . IX. Xo XI. XII. XIII. D. Number of employees; Proposed provisions for security within and without the establishment; F. The physical layout of the interior of the establishment. Special Permit Grantin~ Authority: TheZoning Board of Appeals shall be the Special Permit Granting Authority. No adult use special permit shall be issued to any person convicted of violating the provisions of MGL Ch. 119, Sec. 63, or MGL Ch. 272, Sec. 28. An adult use special permit shall only be issued following a public hearing held within sixty-five (65) days after the filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. Special permits for adult uses shall be granted only upon the determination by the Special Permit Granting Authority that the location and design of the facility are in harmony with its surroundings, and that adequate safeguards exist through licensing or other means to assure on a continuing basis that activities therein will not be patently contrary to prevailin9 standards of adults in the community and will not involve minors in any way. Any section of this by-law, or portion thereof, declared invalid shall not affect the validity or application of the remainder of the by-law. TOWN OF NORTH ANDOVER $oyce A. Brad.~w, Town Clerk ($08) 688-9501 lax (508) 688-9556 TOWN BUIT~ ~ 120 M~i~ $~: Nor~ A~lowr, MA 0 ! ~ DATE: FACSIMILE TRANSMITTAL FORM ADDRESSEE: NAME: FIRM: STREET: CITY: FAX NUM: FROM: NAME: DEPT.: JOYCE A. BRADSHAW TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MA 01845 TELEPHONE: FAX' NUMBER: (508) 688-9501 (508) 688-9556 SCOTT HARSHBARGER August14,1996 Joyee A. Bradshaw Town Clerk 120 Main Street North Andover, Massachusetts 01845 Dear Ms. Bradshaw: I return the amendments to the zoning by-laws adopted under articles 6, 17, 19, and 22 of the warrant for the North Andover annual town meeting that first convened on May 6, 1996, with the enclosed approval of this Office. Articles 20 and 21 from the same warrant are still under review. Sincerely, xJ.~nathan A. Abbott Assistant Attorney Gener~ C~ef, M~icip~ Law U~t (617) 727-2200 x 2096 Enc. cc: .Kopelman & Paige, 31 St. James Ave., Boston, MA 02116-4102 TOWN OF NORTH ANDOVER ]oyce A. Brads~w, Town Clerk (508) 688-9501 Fax (508) 688.9556 TOWN BUILDING 120 Main Street North Andover, MA 01845 This is to certify that the following vote was taken at the Adjourned Annual Town Meeting for the Town of North Andover held May 7, 1996 at the North Andover High School Fieldhouse.' ARTICLE 17. AMENDMENT OF ZONING BYLAW SECTION 7.1.1 AND 7.2 - DEFINITION OF A STREET. UNANIMOUSLY VOTED that the Town vote to amend Section 7.1.1 ~ontiquous Buildable Area and Section 7.2 Street Frontaqe of the North Andover Zoning By-Law by: 1. deleting the phrase "exclusive of area in a street or recorded way open to public use" in the first sentence of Section 7.1.1, and substituting therefor the phrase "exclusive of any area within a street or within a private way or a recorded right-of-way for travel by motor vehicles"; and 2. ~ deleting the phrase ~within the limits of a street upon which such lot abuts" in the first sentence of the second paragraph of Section 7.2, and substituting the phrase "within the limits of any street, or any private way or recorded right-of-way for travel by motor vehicles, upon which such lot abuts". ATrue C'~' - Tc~n C::: :_ TOWN OF NORTH ANDOVER A. Bradshaw, Town Clerk ($08) 688-9501 Fax (508) 688-9556 TOWN BUTr.r~ING 120 Mni- Str~ North Andowr, MA 01~45 k This is to certify that the following vote was taken at the Adjourned Annual Town Meeting for the Town of North Andover held May 7, 1996 at the North Andover High School Fieldhouse: ARTICLE 19. AMEND ZONING BYLAW - SECTION 2.41 DEFINITION HOTEL OR MOTEL. VOTED for the Town to amend Section 2.41 Hotel or Motel by deleting the following: ~A building designed for occupancy as the temporary residence of individuals who are lodged with or without meals in which no provision is made for cooking in any individual room or suite." and inserting the folloWing: "A building intended and designed primarily for transient or overnight occupancy divided into separate units within ~he same building or buildings." YES 192 NO 27 ATn~ Town TOWN OF NORTH ANDOVER Joyce A. Braflz~w, Town Clerk (508) 61~8-9501 ' Fax (508) 688-9556 TOWN BUILDING 120 Main Stnm North ~naew~, MA 01845 This is to certify that the following vote was takea~ at the adjourned Ammal Town Meeting for the Town of North Andover held May 6, 1996 at the North Andover High School Field~ouse: ARTICLE 6. AMEND ZONING BYLAW. ADD NEW SECTION ~.7 "GROWTH MANAGEMENT. Voted by majority vote that the Town amend the Zoning Bylaw by adding a new Section 8.7, "Growth Management" as follows: 8.7 GROWTH MANAGEMENT I. INTENT AND PURPOSE This Section 8.7 is adopted pursuant to the provisions of M.G.L., c. 40A and the Home Rule Amendment, Article 89 of the Massachusetts Constitution, for the following purposes: A. to e~zure that growth occurs in an orderly and planned m~nner, ali a rate that can be supported by Town services, while avoiding large year to year variations in the development rate; to allow the Town time to update its Master Plan and to provide the Town with time to ~tudy the effect of growth on the municipality's infrastructure, character and municipal services; C. to allow the Town time to study, plso for, and provide an additional source of water, to relate the timing of re~dential development to the'Town's ability to provide adequate public safety, schools, roads, m~micipal infrastructure, and human services at the level of ~_~iity which citizens 6~¢ct, and within the Town's ability to pay under the financial limitation8 of l~posilion 2 1/2. E. to preserve and ~honce the exiting community character and value of property; and to allow departures from the strict epplicafion of the growth rate measures herein in order to encourage ce~aln types of residential growth which addr~ the housing needs of specific population groups or which provide significant reductions in the ultimate residential density of the Town. APPLICABILITY, EFFECT AND DEFINITIONS No building permit ~hall be issued for a new dwelling unit between May 6,1996 and July 1,1996 unless exempted by Section 8.7(6) herein. B. Be~nning on luly 1,1996, no building permit for a new dwelllng anit or units shall be issued unless m accordance with thc regulations of thi.~ Section 8.7 or unless exempted by Section 8.7(6) herein. A True CoPY Tc~m C'.: L: DEVELOPMENT SCHEDULING Bo This Section 8.7(4) shall apply to the following types of developmen~ which wou/d result in the creation of new dwelling units; (a) definitive subdivision plans, (b) plnns subject to M.G.L.c.41, s.81P (ANR); (c) special p=~adts. In addition to the types of development described in paragraph 8.?(4)(a), the Plannln__g Board is authorized, upon request from the Developer, to approve a development schedule for any other building lot or dwelling re!it, specifying thc month Md year in which such lotJunit shall be eligl"ole for a building permit. Co Dwelling units shall be considered as part of a single development, for purposes of development scheduling, if located on either a single parcel or on a set of contiguous parcels of land held bY a Developer in common owne~hip, regardless of form, at any time on or after the date of adoption of this bylaw. Where consistent with the applicable Growth Rag Limit, building permits for the consmiedon of new residential units in types of development set forth in Section 8.7(4)(a), shah be authorized only in accordance with the following table: Number of New dwelling units in development Maximum Number of building permits for new dwelling 1mits per Year 1-5 (Total in Development) 6-10 5 il-20 6 21-30 7 31-.40 8 41-54 9 55-80 10 Moro th~n 80 12.5% of Total in Development Nolwitk~andlng that a Development Schedule Imm be~ apprcwed and recorded, the P]nnning Board shah not be required to anthorizc the issp_ nnce of the stated maximum nmnber of building permits if the issuance of such pcaaiits would result in exceeding thc Growth Rate Limit. Adoption of a Development Schedule shnll not be construed as a enmmiUnent to issue building p=~mits. The Planning Board .~hnli not establish any Development Schedule which ph~.~¢S development for longer thnn a 10 year period. _ PROCEDURES FOR DEVELOPMENT SCHEDULES Ao No building permits for new dwelling units ~hall be issued until the Developmeat Schedule has been recorded and a certified copy ofth~ Development Schedule has been filed with thc Phnning Board. Bo Co Do Upon transfer of any lot or unit in the types of development subject to development schednling, the deed ~hal~ reference the Development Schedule and state the earliest date on which construction may be commenced in accordance with the provisions of tbi~ bylaw. In order to be equitable to all Developers no more tho, 20% of the total available building permits under section 8.7(3)(a), in any Year, win be issued to any one Developer. Procedures for development schedulaes shall be in accordance with rules and regmlarions, consistent with the provisions of this bylaw, to be adopted by the .P.l~nlng Board on or before July l, 1996. VI. [~EMPTIONS The following developments are specifically exempt from the Growth Rate Limit and Development Scheduling provisions of this by-]aw. Thc issuance of building permits for these Developments shall count toward thc Growth Rate Limit of 80 permits in a Year. Except that permits issued under subsection (a) below shall not count towards the Growth Rate Limit of 80 permits in a X/car. An application for a building permit for the enlargemeat, restoration, or recons'a'ucfion of a dwelling in existence as of the effective date of this by-law, provided that no additional residential Imit is created. Bo Co Do All lots created prior to May 6, 1996 arc exempt from the provisions of this Section 8.7 of the Zoning Bylaw. Dwelling units for low and/or moderate income families or individuals, where all of thc following conditions are met: Occupancy of the ~mits is restricted to households qualifying ~nder Local Initiative Program as administered by the Executive Office of Communities and Development; The affordable units arc subject to a properly executed and recorded deed restriction running with thc land which .~hall limit the succeeding resale price to an increase of 10 percent, plus any increase in thc consumer price index, plus the cost of any improvements certified by the Building Inspector. Dwelling units for senior residents, where occupancy of thc units is restricted to senior persons through a properly executed and recorded deed restriction tanning with the land. For purposes of ~his Section "senior' shall mean persons over the age of 55. Development projects which voluntarily agree to a ~inimnm 40% p~amanent reduction In deasity,00uildable lots), below the dengty, Conildable lots), pcamitted under zoning ami feasible given the enVironmer~ conditions of thc tract, with thc surplus land equal m at least ten buildable acres and peiv,anenfly designated as open space and/or far~ The land to be preserved nhnll be protected from development by an Agricultural Preservation R.esUiction, Conservation Restriction, dedication to thc Town, or other sil~ilar mechanism approved by the Planning Board that will ensure its protection Any tract of land existing and not held by a Developer in common ownership with an adjacent parcel on the effective date of this Section 8.7 shall receive a one-time exemption from the Planned Growth Rate and Development 5chec~,ii'tg provisions for the. purpose of constructing one single family dwelling unit on the pm'cci. ff at the time a Development is ready for building pcrmi~s,(ie, all other permits from all other boards ~nd commissions have been received ~ the project is in compliance with those per~), and the Development Schedule does not accofm-~odate issuin~ a bul]ding p~,,,it in ihat Year, one building permit will be issued per Year p~r D~ciopm~nt umil such time as the Development Schedule accommodates issuin~ ZONING CHANGE PROTECTION Any protection against zoning challges provided by M.G.L.c. 40A, s.6, mhsll be extended to thc earliest date on which the final unit in the development could be allthorized nnder this bylaw. VIII. SEVERABILITY The provisions of this by-law are hereby declared severable and if any provision ~h~ll be held invalid or unconstitutional, it shall not bc construed to affect the validity or co1L~titlItionalit;y of ally of the tCi,~ining provisions of this by-law. VOTE: YES 462 NO 52 SCO'n' HAR.~HBARGER (6'17) ~'t-~200 August14,1996 Joyce A. Bradshaw Town Clerk 1 ~0 Main Street N~rth Andover, Massachusetts 01845 Dear Ms. Bradshaw: I return the amendments to the zoning by-laws adopted under articles 6, 17, 19, and 22 of the warrant for the North Andover annual town meeting that first convened on May 6, 1996, with the enclosed approval of this Office. Articles 20 and 21 from the same warrant are still under review. Assistant Attorney General Chief, Municipal Law Unit (617) 727-2200 x 2096 ~nc. cc: Kopelman & Paige, 31 St. James Ave., Boston, MA 02116-4102 TOWN OF NORTH ANDOVER Joyce A. Bradshaw, Town Clerk (508) 688o9501 tax (508) 688-9556 TOWN BUn.r3ING 120 lv[.in Street North Andover, MA 01845 This is to certify that the following vote was taken at the Adjourned Annual Town Meeting for the Town of North Andover held May 7, 1996 at the North Andover High School Fieldhouse: ARTICLE 17. AMENDMENT OF ZONING BYLAW SECTION 7.1.1 · 2' - DEFINITION OF A STREET. UNANIMOUSLY VOTED that the Town vote to amend Section 7.1.1 Contiquous Buildable Area and Section 7~2 Street Frontage of the North Andover Zoning By-Law by: 1. deleting the phrase ~exclusive of area in a street or recorded way open to public use" in the first sentence of Section 7.1.1, and substituting therefor the phrase "exclusive of any area within a street or within a private way or a recorded right-of-way for travel by motor vehicles"; . and 2. deleting the phrase "within the limits of a street upon which such lot abuts" in the first sentence of the second paragraph of Section 7.2, and substituting the phrase ~within the limits of any street, or any private way or recorded right-of-way for travel by motor vehicles, upon which such lot abuts". AT~ue Cc' ' TOWN OF NORTH ANDOVER $o¥c~ A. Brai.shaw, Town Clerk ¢508) 688-950I Fax (508) 688-9556 TOWN BT~.r~ING I20 l~in Strut North Andover, MA 01~45 This is to certify that the following vote was taken at the Adjourned Annual Town Meeting for the Town of North Andover held May 7, 1996 at the North Andover High School Fieldhouse: ARTICLE 19. AHEND ZONING BYLAW - SECTION 2.4~ DEFINITION EOTEL OR MOTEL. VOTED for the Town to amend Section 2.41 Hotel or Motel by deleting the following: UA building designed for occupancy as the temporary residence of individuals who are lodged with or without meals in which no provision is made for cooking in any individual room or suite." and inserting the following: "A building intended and designed primarily for transient or overnight occupancy divided into separate units within the same building or buildings." YES 192 NO 27 ATTE~'ST~' A'l~e Copy TOWN OF NORTH ANDOVER $oyce A. Bradshaw, Town Clerk (50s) 6ss-95oi · Fax (508) 688-9556 TOWN BUILDING 120 Mni~ Sl~eet North Ando,mr, MA 01845 This is to certify that the following vote was taken at the adjourned Annual Town Meeting for the Town of Nordi Andover held May 6, 1996 at the North Andover High School Fieldhonse: ARTICLE 6. AMEND ZONING BYLAW. ADD NEW SECTION 8.7 "GROWTH MANAGEMENT. Voted by majority vote that the Town amend the Zoning Bylaw by adding a new Section 8.7, "Growth Management" as follows: 8.7 GROWTH MANAGEMENT I. INTENT AND PURPOSE This Section 8.7 is adopted pursuant to the provisions of M.G.L., c. 40A and the Home Rule Amendment, Article 89 of the Massachusetts Constitution, for the following purposes: to ensure that growth occurs in an orderly and planned manner, at a rote dmt can be supported by Town services, while avoiding large year to year variations in the development rote; to allow the Town time to update its Master Plan and to provide the Town with time to study the effect of growth on the municipality's infrastructure, character and municipal services; to allow the Town time to study, plan for, and provide an additional source of wat~ to relate the timing of residential development to the' Town's ability to pwvide adequate public safety, schools, reads, municipal infrastructure, and human services at the level of qua/ity which citizats expect, and within the Town's ability to pay under the financial limitations of Proposition 2 1/2. to preserve and enhance the exiting community character and value ofprep~ty; and to allow departures from the strict application of the growth rote measures herein in order to encourage certain types of residential growth which address the housing needs of specific population groups or which provide significant reductions in the ultimate residential density of the Town. APPLICABILITY, EFFECT AND DEFINITIONS No building permit shall be issued for a new dwelling unit between May 6,1996 and July 1,1996 unless exempted by Section 8.7(6) here~ B. Beginning on July 1,1996, no building permit for a new dwelling unit or units shall be issued unless in accordance with the regulations of this Section 8.7 or unless exempted by Section 8.7(6) herein. A ~rue Copy Town Cl::k The provisions of this Section 8.7 shall expire on July 1, 2001; however, by a vote of Town Meeting b~fore said date, the provisions of this Section 8.7 may be extended for an additional five years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. In the event such action is taken by Town Meeting prior to July 1, 2001 these provisions shall not be construed to have .l~psed on such date. For the purposes of this Section 8.7 , the following terms shall have the following meaning: "Growth Rate Limit" shall mean the maximum number of building p~adts that may be authorized in one Year, which shall be 80 permits. The Growth Rate Limit is based upon analysis of recent average growth rotes and an analysis of the Town's current and future ability to provide essential local services such as public safety, schools, public works and human services. Units exempt under section 8.7(6) are included within the calculation of the Growth Rate Limit. "Development" shall mean a single parcel or set of contiguous parcels of land held in common ownership, regardless of form, at any time on or after the date of adoption of this bylaw, for which one or more building permits will be sought. "Development Schedule" shall mean a Schedule authorized by the Planning Board in accordance with Section 8.7(4), which outlines the maximum building permit issuance per development. "Developer" any Individual who either as an individual, a beneficial owner of a real estate mst, a partner in a parmers_hip, or an officer or owner of a corporation, requests oneor more building permits for the construction Of new dwelling units. 5. "Year" shall mean the period beginning July 1 and ending June 30. PLANNED GROWTH RATE The Growth Rate Limit shall be based on a target growth rate of 80 dwelling ~mitz per year. In no case, however, ~all the number of nonexempt building permits issued be reduced below 60 permits in any one year pealed. Whenever the number of building permits issued for new dwelling units exceeds thc applicable Growth Rate Limit, the Build_lng Inspector ~hall not issue buildin~ penults for any additional dwelling unit or units unless such mdt or units are exempt from the provisions of this Section 8.7 under subsection 8.7(6) below. Building permits authorized under a Development Schedule, but not issued during the scheduled period set forth in Section 8.7(4) shall not be counted in computing the applicable Growth Rate Limit. Building permits issued, but subsequently abandoned under the provisions of the State Building Code, shall not be counted in computing *he applicable Growth Rate Limit. IV. DEVELOPMENT SCI:IF~DULING This Section 8.7(4) shall apply to the following types of development which would result in the creation of new dwelling units; (a) definitive subdivision plans, (b) plato subject to M.G.L. cAI, s.81P (AN'R); (c) special permits. Ia addition to the types of development described in paragraph 8.7(4)(a), the Planning Board is authorized, upon request from the Developer, to approve a development schedule for any other building lot or dwelling uait, specifying the month and year in which such lot/unit shall be eligible for a building pcamit. Dwelling units shall be considered as part of a single devolopmenl, for purposes of development scheduling, if located on either a single parcel or on a set of contiguous parcels of land held by a Developer in common ownership, regardless of form, at any time on or alter the date of adoption of this bylaw. Where consistent with the applicable Growth Rate Limit, building permits for the construction of new residential units in types of development set forth in Section 8.7(4)(a), shall be authorized only in accordance with the following table: Number of New dwelling units in development Maximum Number of building permits for new dwelling units per Year 1-5 (Total in Development) 6-10 5 11-20 6 21-30 7 3140 8 41-54 9 55-80 10 Moro than 80 12.5% of Total in Development Notwithstanding that a Development Schedule has been apprmred and recorded, the Planning Board shall not be required to authorize the issnonce of the stated moximum numbo' of building permits ff the issuance of such permits would result in exceedin~ the Growth Rate Limit. Adoption of a Development Schedule shall not be construed as a commitment to issue building po~aldtS. The Planning Board shall not establish, any Development Schedule which phases developmeat for longer than a 10 year peaiod. PROCEDURES FOR DEVELOPMENT SCHEDULES A. No building pexmits for new dwelling units shall be issued until the Development Schedule has been recorded and a cerdtied copy of the Development Schedule has been filed with tho Planning Board. Upon tinnier of any lot or unit in the types of development subject to development scheduling, the deed shall reference the Development Schedule and state the earliest date on which consmtcfion my be commenced in accordance with the provisions of thi.~ byhw. In order to be equitable to all D~elopers no more than 20% of the total available building permits under section 8.70)(a), in any Year, will be issued lo any one Developer. Procedures for development schedulaes shall be in accordance with rules and regulations, consistent with the provisions of this bylaw, to be adopted by the planning Board on or before July 1, 1996. VI. IgX~MPTIONS The following developments are specifically exempt from the Growth Rate Limit and Development Sched~flin§ provisions of this by-law. The issuance of buildin~ permits for these Developments shall count toward the Growth Rate Limit of 80 p~mits ia a Year. Except that permits issued under subsection (a) below shall not count towards the Growth Rate Limit of 80 permits in a Year. An application for a building permit for the enlargement, restoration, or reconstruction of a dwelling in existence as of the effective date of this by-law, provided that no additional residential unit is created. All lots created prior to May 6, 1996 are exempt from the provisions of this Section 8.7 of the Zoning Bylaw. Dwelling units for low and/or moderate income families or individuals, where all of the following conditions are met: Occupancy of the units is restricted to households qualifying trader Local Initiative Program as adminlqered by the Executive Office of Communities and Development; The affordable units are subject to a properly executed and recorded deed restriction nmaing with the land which shall limit the succeeding resale price to an increase of 10 percent, plus any increase in the consumer price index, plus the cost of any improvements certified by the Building Inspector. Dwelling units for senior residents, where occupancy of the ~mits is restricted to senior persons through a properly executed and recorded deed restriction running with the land. For purposes of this Section "senior" nhall mean persons over the age of 55. Development projects which volontafily agree to a minimum 40% permanent reduction in deusity,Coulldable lots), below the density,{buildable lots), permitted under zoning and feasible given the environmental conditions of the Ivact, with the surplus land eX?mi to at least ten buildable acav, s and permanently designated as open space and/or farmland. The land to be preserved shall be protected from development by an Agricultural Preservation Restriction, Conservation Restriction, dedication to the Town, or other similar mechanism approved by the Planning Board that will em-ure its protection. Any tract of land existing and not held by a Developer in common ownership with an adjacent parcel on the effective date of thin Section 8.7 shall receive a one-time exemption from the Planned Growth Rate and Development Scheduling provisions for the purpose of constructing one single family dwelling ~mit on the parcel. If at the time a Development is ready for building permits,(ie, all other permits from all other boards and commissions have been received and the project is in compliance with those permits), and the Development Schedule does not accommodate issuing a building permit in that Year, one building permit will be issued per Year per Development until such time as the Development Schedule accommodates issning building pe~ifits. VII. ZONR'iG CHANGE PROTECTION Any protection against zoning changes provided by M.G.L.c. 40A, s.6, shall be extended to the earliest date on which the final unit in the development could be authorized under this bylaw. VIII. SEVERABILITY The provisions of *hia by-law are hereby declared severable and ff any provision shall be held invalid or unconstitutional, it shall not be construed to affect the validity or COll~titutionslity of any of the remaining provisions of this by-law. VOTE: YES 462 NO 52