1991-03-04- to 1991-05-22-ATM-min

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by adding a new subparagraph: '716/ IADJOURNED SESSION, A.T.M. , CONT. - MARCH 27, 1991)_ "3.1.4.2 CHILD CARE FACILITIES The use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility is permitted as a matter of right in all zoning districts. Such land or structures are subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term "child care facility" shall mean a day care center or a school age child care program, as those terms are defined in Section 2 of this By-Law and as further described in Chapter 25A, §9. M.G.L., as amended. A family day care home (see Definition) for not more than six children is not covered by the partial exemption from zoning regulations afforded by Chapter 40A, §3, The Zoning Act, M.G.L. as amended and is subject to the provisions of this By-Law."; by adding a new subparagraph 7.9.3, as follows: "7.9.3 DETERMINATION OF MAXIMUM FLOOR AREA FOR A STRUCTURE WITH A CHILD CARE FACILITY The floor area of any structure shall be measured exclusive of any portion of such structure in which a day care center or school age child care program (see Definitions) is to be operated as an accessory or incidental use, and the otherwise allowable floor area of such structure shall be increased by an amount equal to the floor area of such child care facility up -to a maximum increase of ten per cent. In any case where the otherwise allowable floor area of a structure has been increased pursuant to the provisions of this section, the portion of such structure in which a child care facility is to be operated. as an accessory or incidental use shall not be used for any other purpose unless, following the completion of such structure, the Board of Appeals shall have granted a. variance, with the written concurrence of the State Office for Children, that the public interest and convenience do not require the operation of such facility. (See also Chapter 40A, §9C, The Zoning Act, M.G.L. as amended for other provisions dealing with child care facilities operated as an accessory or incidental use. )" in Section 2, DEFINITIONS, in the definition of FLOOR AREA, NET, by adding a new subparagraph "f", as follows: "I, areas used for a child care facility as provided in sub-- paragraph 7.9.3®" so that the definition of FLOOR AREA, NET, as amended will read: "FLOOR AREA, NET: The sum, in square feet of the occupiable or habitable area in a buildings, which shall be determined by excluding the following from calculation of gross floor area: . .. ...f. areas used for a child care facility as provided in subparagraph 7.9.3." in subsection 11.3.1 2)c., which deals with the number of parking spaces required for various uses, by inserting the words: "school age child care program," after the words: "Day care center,"; 10:14 p.m. Julian Bussgang, P4, moved: to strike the word "reasonable" in 3.1.4.2 and replace it amendment with the word "By-Law" passed Following a voice vote which the chair doubted, the Moderator called see p.462 for a standing vote which was tallied as follows: