Laserfiche WebLink
TOWN CLERK 55 <br />2. Subject to all the provisions of the three paragraphs of Section 5, subsec- <br />tion (h) of this By -Law, under the caption "Finding and Determination by the Board <br />of Appeals ", the following buildings and uses: <br />A. All buildings and uses permitted in C -3 districts, but subject to the con- <br />ditions and restrictions relating to them set forth in Section 5, subsection (h) of <br />this by -Law. <br />B. Hotels or motor hotels, subject to the following conditions: not more than <br />twenty -five percent of the lot area shall be built upon; no sleeping rooms shall be <br />located below the mean finished grade of the ground adjoining the building; there <br />shall be parking space for automobiles provided on the lot sufficient to furnish <br />one reasonably accessible automobile space for each guest sleeping room in the <br />building plus reasonably adequate provision for persons dining or attending func- <br />tions in the building; the building shall connect with a sanitary sewer. Cooking in <br />rooms occupied by guests is expressly prohibited. <br />As used herein, the term "automobile space" shall mean an area available for <br />parking one motor vehicle and having a width of not less than ten feet, and an <br />area of not less than two hundred square feet exclusive of passageways, and <br />driveways appurtenant thereto, with free and unimpeded access to a street <br />over an unobstructed passageway or driveway. Loading area shall not be considered <br />to be a part of the automobile space. <br />C. Retail uses in support of a use permitted in preceding paragraph B, such <br />as dining halls, restaurants, cafeterias, soda or dairy bars, and shops in the same <br />building with the permitted use. Any such use shall be wholly within the hotel or <br />motor hotel building Signs shall be permitted as an accessory use, but only to the <br />extent permitted in business areas under the Town's sign By -Law. <br />V. By adding at the end and as a part cf Section 14 thereof the following: <br />Procedure on Application for Finding and Determination <br />Upon receipt of an application by the Board of Appeals for a finding and de- <br />termination that a proposed construction, re- construction, alteration or addition, <br />including the site development relating thereto, constitutes a desirable development <br />in, and will not be detrimental to, the neighborhood, and of a site plan, in dup- <br />licate, relating thereto, under the provisions of Section 5, subsection (f), (h) and (i) <br />of this By -Law, the Board of Appeals shall within three days (Saturdays, Sundays <br />and holidays excluded) transmit to the Planning Board one copy of said application <br />and one copy of said site plan. <br />The Planning Board shall consider the same and submit a final report thereon <br />with recommendations to the Board of Appeals. The Board of Appeals shall not <br />make a finding and determination upon an application until it has received the <br />final report of the Planning Board thereon or thirty days shall have elapsed since <br />the transmittal of said copies of the application and site plan to the Planning Board <br />without such report being submitted. <br />The Board of Appeals shall hold a public hearing and, except as hereinafter <br />56 TOWN CLERK <br />provided, shall take final action on an application within forty -five days after the <br />filing of such application with said Board of Appeals. <br />Such final action shall consist of either (1) a finding and determination that <br />said construction, re- construction, alteration or addition, including the site devel- <br />opment relating thereto, constitutes a desirable development in, and will not be <br />detrimental to, the immediate neighborhood, or (2) a written denial of the applica- <br />tion for such finding and determination, stating the reasons for such denial. A <br />finding and determination may be made subject to such conditions and restrictions <br />set forth therein as the Board may deem necessary to insure that the proposed <br />construction, re- construction, alteration or addition, including the site development <br />relating thereto, will be a desirable development in, and will not be detrimental to, <br />the neighborhood. If the reasons for a denial are that, because of objectionable <br />features, the proposed construction, re- construction, alteration or addition will not <br />constitute a desirable development in, or will be detrimental to, the immediate <br />neighborhood, cr both, the Board will indicate in its denial the respects in which <br />the proposed construction, re- construction, alteration or addition, including site <br />development, should, in the judgment of the Board, be changed so as to eliminate <br />such objectionable features. <br />In the event that the Board makes such finding and determination. such con- <br />struction, re- construction, alteration or addition, including the site development <br />relating thereto, shall be carried on only in strict conformity with the application <br />and the site plan on the basis of which the finding and determination are made, <br />and with any conditions and restrictions to which the Board shall have made its <br />finding and determination subject. <br />The period within which final action shall be taken may be extended for a <br />definite period by mutual consent of the Board of Appeals and the applicant. In <br />the event the Board determines that the site plan and evidence presented to it at <br />the public hearing are inadequate to permit the Board to make a finding and de- <br />termination, it may, in its discretion, instead of denying the application adjourn <br />the hearing to a later date to permit the applicant to submit a revised site plan and <br />further evidence. <br />The Board of Appeals shall file with its records a written report of its final ac- <br />tion on each application, with its reasons therefor. <br />VI. By striking out from Section 3 thereof, under the caption "Districts <br />Defined ", the words "(f) M 1 — Light manufacturing districts ", and inserting in <br />place thereof the following: <br />(f) CM 1 — Commercial and light manufacturing districts. <br />VII. By adding at the end and as a part of Section 3 thereof, under the cap- <br />tion "Districts Defined ", the following: <br />(i) CH 1 — Commercial and hotel districts. <br />VIII. By striking out the entire subsection (f) M 1 — Light manufacturing <br />districts in Section 4 thereof and inserting in place thereof the following: <br />