1998-03-02-TE-Warrant-and-1998-03-23-STM-and-ATM-Warrant

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2) by adding a new subparagraph 3) as follows: "3) there are 50 or more parking spaces on the lot including any existing parking spaces, or the number of parking spaces is increased by 25 or more," so that the subparagraph, as amended,will read in part: "12.1.2 No building permit shall be granted for the erection of a new building or the enlargement or renovation of an existing building with the result that: 1) there are 10,000 square feet or more of gross floor area on the lot, including any existing floor area,but not including any floor area devoted to residential use or to off-street parking, 2) there are 50 or more dwelling units, or their equivalent, in a development, including any existing dwelling units, or 3) there are 50 or more parking spaces on the lot including any existing parking spaces, or the number of parking spaces is increased by 25 or more, unless a special permit with site plan review has been granted and the SPGA has made a determination that the streets and intersections affected by the proposed development have, or will have as a result of traffic improvements, adequate capacity, as set forth in subsection 12.3, to accommodate the increased traffic from the development." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The Zoning By-Law now requires that before new commercial development can occur, a determination must be made that the nearby street intersections either have sufficient capacity to accommodate the increased traffic or that "mitigating measures" can be taken to improve traffic conditions. In the existing By-Law an increase in the amount of floor space is the only trigger that requires the traffic capacity test. The proposed amendment will require that an increase in the number of parking spaces be a trigger factor as well. An increase in the number of parking spaces could occur where the amount of floor area is not increased or might even be decreased. For example, the conversion of a building from a less intensive use to a more intensive use may result in a higher parking and traffic demand. ARTICLE 39 ZONING BY-LAW, PROCEDURES PLANNED DEVELOPMENT ZONING DISTRICTS To see if the town will vote to amend the Zoning By-Law: A. 1) In Section A, PLANNED DEVELOPMENT DISTRICTS, by redesignating the numbering of the following sections and the subparagraphs thereunder, and all cross references thereto, as follows: 8.4 SPECIAL PERMIT PROVISIONS APPLICABLE TO BOTH CD AND RD DISTRICTS to be 8.5; 8.5 WETLAND PROTECTION DISTRICT to be 8.6; 8.6 NATIONAL FLOOD INSURANCE DISTRICT to be 8.7; 30