FINANCE COMMITTEE RECOMMENDATIONS

FOR THE

NOVEMBER 5, 2007 SPECIAL TOWN MEETING

ARTICLE 1. Reports of Boards and Committees

(Select Board)

To see if the Town will hear those reports of Town officers, the Finance Committee, and any other Town boards or committees which are not available in written form.

RECOMMENDED by a Finance Committee vote of 6-0, 1 absent.

ARTICLE 2. Transfer of Funds – Unpaid Bills

(Finance Committee)

To see if the Town will, in accordance with Chapter 44, Section 64, of the Massachusetts General Laws, appropriate and transfer a sum of money to pay unpaid bills of previous years.

RECOMMENDATION DEFERRED UNTIL TOWN MEETING.

ARTICLE 3. FY 08 Budget Amendments

(Finance Committee)

A. To see if the Town will amend the budget voted under Article 17 of the 2007 Annual Town Meeting (Fiscal Year 2008 Operating Budget), by appropriating to the Health Claims Trust Fund $562,207 for employee health insurance and to meet such appropriation transfer $562,207 from Free Cash in the Undesignated Fund Balance of the General Fund, said appropriation to be reimbursed to the General Fund via a temporary health insurance premium surcharge to employers and employees until such time as the total appropriation has been reimbursed.

RECOMMENDED by a Finance Committee vote of 7-0.

State law requires that Town-administered, self-insured employee health claims trust funds must be funded sufficiently to pay all claims and other expenses, including a reserve for claims incurred but not yet reported. The amount of this required reserve, as calculated by the State, is roughly 10% of annual claims, or approximately $1.1 million for Amherst. The State is allowing Towns to fund this reserve over three years; according to State calculations, for FY 08 Amherst’s Health Claims Trust Fund reserve needs an additional $562,207, to be appropriated from Free Cash. A premium surcharge paid by the Town of Amherst, the Amherst-Pelham Regional School District, the Town of Pelham and the insured employees/retirees of each entity is currently being charged to reimburse the General Fund to retire a previous Health Claims Trust Fund deficit as of June 30, 2006. This surcharge was originally expected to end in January 2008, but will continue until this new advance from Free Cash is reimbursed. Current projections indicate that repayment could be accomplished by the end of FY 08 and that the School and the Municipal budgets appear to have enough funding remaining to cover this expense; however, the Library budget could be problematic.

Staff, an employee benefits consultant, and the Town’s Insurance Advisory Committee continue to monitor the Trust Fund. The Health Claims Trust Fund ended FY 07 on June 30 with a negative balance of $111,893, but positive claims experience since Spring 2007 has resulted in a positive fund balance of $397,584 as of August 31, 2007. The Town has generated some modest savings from a new voluntary Canadian prescription drug program and is actively analyzing fully insured, other self-insured programs, as well as legislation enacted in August for potential cost containment by joining the State’s Group Insurance Commission (GIC) program.

B. To see if the Town will appropriate and transfer $31,323 from Free Cash in the Undesignated Fund Balance of the General Fund for the Hampshire County Regional Lock-up Facility assessment.

RECOMMENDED by a Finance Committee vote of 5-0, 2 absent.

Operation of the Hampshire County Regional Lockup Facility has been funded 100% by the state since it was built several years ago. This was not the intent of the State at the time it was built, and the transfer of operating costs to the municipalities has been discussed for a while now. Municipalities with access to the facility have known that they would have to begin paying these costs at some point in the future; the future has arrived. For the current year (FY 08) the state has agreed to fund 50% of the operating costs with municipalities paying the other 50%. The University is paying $12,000 for FY 08 as part of the State share. A negotiated agreement on how to allocate operating costs among the cities and towns uses a per capita formula to arrive at each city or town’s assessment. Amherst’s assessment for FY 08 is $31,323. This is proposed to be funded from Free Cash because the assessment came through after Town Meeting acted on the FY 08 budget. Future assessments will be dealt with as a separate article on the Annual Town Meeting warrant, similar to the Retirement Assessment.

ARTICLE 4. Property Tax Exemptions for Veterans’ Organizations

(Select Board)

To see if the Town will accept the provisions of Chapter 59, Section 5, Clause 5B of the Massachusetts General Laws, which exempt from taxation the real and personal estate belonging to or held in trust

for the benefit of incorporated organizations of veterans of any war in which the United States has been engaged, to the extent of $700,000 if used and occupied by such association.

RECOMMENDED by a Finance Committee vote of 5-0, 2 absent.

Currently, the first $200,000 of property valuation is exempted from property tax for property owned and occupied by veterans’ organizations. The intent over the years has been to have these properties fully exempt under MGL Chapter 59, Section 5. Clause Fifth B raises the exemption level to $700,000, should the Town accept it. A recent search of the Town Clerk’s records revealed that the Town has not taken the opportunity to accept any clause to raise the exempted value to accommodate inflation. Individual property values for the two properties in question, the Veterans of Foreign Wars Post 754, 457 Main Street, and the American Legion Post 148, 96 Amity Street, are already approaching the $400,000 level. Acceptance of clause Fifth B has no effect on taxes collected as the VFW and the American Legion currently do not pay any property tax.

ARTICLE 5. Capital – Mark’s Meadow Portable Classrooms

(Joint Capital Planning Committee)

To see if the Town will appropriate $195,000 to pay costs of purchasing portable classrooms for

use by the School Department, and for the payment of all other costs incidental and related thereto,

which amount shall be expended in addition to the $80,000 previously appropriated by the Town

for this purpose, to determine whether this amount shall be raised by taxation, transfer, borrowing

or any combination of the foregoing, or to take any other action relative thereto.

RECOMMENDED by a Finance Committee vote of 7 – 0.

This expenditure is part of the FY 08 capital budget, but, as stated in the Joint Capital Planning Committee’s report last spring, its consideration by Town Meeting was postponed until the fall. With only 10 classrooms for grades kindergarten through sixth and no cafeteria, Mark’s Meadow Elementary School is over capacity. The town’s other three elementary schools, already at capacity themselves, cannot take the overflow. The Mark’s Meadow building is owned by the University of Massachusetts and will not be expanded. Two years ago, Town Meeting appropriated $80,000 toward the purchase of portable classrooms for Mark’s Meadow; this article would allow the town to borrow $195,000 to cover the remaining cost of portables housing four classrooms. Though installed on UMass property, the portables would be owned by the Town and could be moved to another location if circumstances change.

ARTICLE 6. Dissolution of Senior Trust – Transfer of Funds

(Select Board)

To see if the Town will receive funds currently held by the Trustees of the Senior Trust, in order for

the Trust to dissolve according to the terms of the Trust Agreement, and will appropriate funds in the amount received to be transferred to the newly formed Friends of the Amherst Senior Center, Inc.

RECOMMENDED by a Finance Committee vote of 5-0, 2 absent.

Currently the Senior Trust, which was established in 1977, is the entity responsible for raising private funds for the benefit of the Senior Center, and the Trust is governed by trustees who are also members of the Council on Aging. This creates a conflict of interest situation that this article corrects. A new non-profit 501c3 entity to be known as the Friends of the Amherst Senior Center has been created to handle fundraising and keep those funds separate from funds controlled by the Town. Its governance will be distinct and distinguishable from the Council on Aging, thus removing the conflict situation. Funds currently in the Senior Trust (roughly $93,000) by terms of the trust must be transferred to the Town upon dissolution of the trust. The trustees of the Senior Trust have voted to dissolve the Trust and transfer the funds to the Town, contingent upon a Town Meeting vote to transfer the funds, in turn, to the new Friends group. This article asks for dissolution of the Trust and the subsequent transfer of its fund balance to the new Friends of the Senior Center group. The Town’s General Fund would simply be a pass-through vehicle to facilitate the transfer.

ARTICLE 7. Community Preservation Act – Open Space

(Community Preservation Act Committee)

A. To see if the Town will appropriate $123,000 from the Community Preservation Fund annual revenues for the purchase of land for open space purposes in North Amherst (Map 3B,

Parcel 7, 8, 9, 10, 11, 12, 13).

B. To see if the Town will 1) authorize the Select Board to acquire by gift or negotiated purchase parcels of land containing 28 acres, more or less, designated as Map 3B, Parcels 7 -13

of the Town Cadastre, located north of East Leverett Road, from Haskins View LLC, to be managed and controlled by the Amherst Conservation Commission in accordance with Chapter 40, Section 8C for conservation and passive recreation purposes, 2) raise, borrow and/or appropriate a sum or money for the acquisition of said land and to meet such appropriation with funds transferred and/or borrowed in accordance with M.G.L. Chapter 44B, the Community Preservation Act, 3) authorize the Treasurer, with the approval of the Select Board, to issue any bonds or notes that may be necessary for that purpose, as authorized by M.G.L. Chapter 44, or any other enabling authority, 4) authorize the Town Manager or his designee to file on behalf of the Town any and all applications deemed necessary

under the Self-Help Act (M.G.L. Chapter 132A, Section 11) or any other applications for funds in

any way connected with the scope of this acquisition, 5) authorize the Town Manager, the Select

Board and/or the Conservation Commission, as they deem appropriate, to enter into all agreements

and execute any and all instruments including the conveyance of a perpetual deed restriction in accordance with M.G.L. Chapter 184 as required by Section 12(a) of Chapter 44B as may be necessary on behalf of the Town to effect said purchase.

RECOMMENDATION DEFERRED UNTIL TOWN MEETING.

ARTICLE 8. Community Preservation Act - Town Hall Historic Preservation

(Community Preservation Act Committee)

To see if the Town will appropriate a sum of money to pay costs of historic preservation of Town

Hall, to determine whether this amount shall be raised from Community Preservation Fund annual revenues, available funds, by borrowing or any combination of the foregoing, or to take any other action relative thereto, and further, to reduce by a sum of money the amount appropriated under

Article 23 of the 2007 Annual Town Meeting, or to take any other action relative thereto.

RECOMMENDED by a Finance Committee vote of 6 – 0, 1 absent.

In June 2007, by a two-thirds majority, Annual Town Meeting appropriated $675,000 for repairs to the exterior of Town Hall and authorized borrowing that amount. Updated estimates of the cost are now $557,000. Of that, $162,000 has been committed for work already underway. The Historical Commission and the Community Preservation Act Committee are recommending appropriation of $100,000 from FY 08 Community Preservation Act available funds for restoration of the clock in Town Hall’s tower and restoration of the building’s south steps. In addition, the Community Preservation Act Committee recommends funding debt service on the remaining $295,000 cost from Community Preservation Act funds, payments that will average an estimated $37,613 annually for ten years.

Amherst’s Community Preservation Act funds come from a 1.5% surcharge on the property tax, which so far has been matched 100% by state CPA money. The funds may be used only for housing, historic preservation, open space and recreation. The Finance Committee greatly appreciates the careful consideration the Historical Commission and the Community Preservation Act Committee gave this proposal, and their final recommendation. We believe this is an appropriate use of CPA funds to preserve an important historic structure that is owned by and benefits the entire town.

Other long-term costs currently being funded from CPA funds are:

· an average of $39,666 annually through FY 15 for 66% of the debt service on the Plum Brook athletic fields;

· $25,600 as the first of five annual payments to partially cover the costs of a multifaceted agreement to preserve the exterior of a privately owned historic farmhouse at 575 North East Street.

The CPA FY 08 ending fund balance is estimated to be $91,899 after accounting for the $100,000 in this article.

ARTICLE 9. Petition - Resolution – Fair Trade

(Friman)

To see if the Town will adopt the following resolution:

WHEREAS, “Fair Trade” is an innovative, market economy system that promotes fair labor practices and healthy, safe work environments through the production of food and other products; and

WHEREAS, Fair Trade provides procedures with fair prices that translates into truly livable wages; and

WHEREAS, production of Fair Trade goods is achieved through sustainable and ecologically friendly means thus supporting the future of a healthy planet for all; and

WHEREAS, millions of people have had their standard of living significantly raised through the simple act of educated consumers selecting and asking for Fair Trade products.

Now Therefore Be It resolved, that Amherst Representative Town Meeting encourages the Town Manager to establish a procedure to maximize purchase of Fair Trade Certified products in the process of procuring necessary goods for the Town. This established procedure would be informed by the fact of Town Manager’s authority to execute contracts and oversee procurement and should adhere to the strict statutory requirements that the Town Manager must follow when purchasing products for Town use.

Be it further resolved, that Amherst Town Meeting calls upon the Select Board to consider working to ensure ongoing education, media exposure and commitment to “Fair Trade” and to encourage businesses and institutions to use and sell Fair Trade Certified products whenever possible for the well being of producers, consumers and the planet.

Be it further resolved, that Town Meeting calls upon the Select Board to consider forming a town committee in order to take a more active role in the future on issues of Fair Trade if it proves productive for the Town to act in an official capacity.

NO POSITION.

ARTICLE 10. Zoning Bylaw and Zoning Map - Research & Development (R&D) Overlay District

(Planning Board)

To see if the Town will add new sections to Sections 2.03, Industrial/Research Park Districts, and to 3.2, Special Districts, of the Zoning Bylaw, and amend the Official Zoning Map in order to create a Research and Development (R&D) overlay district, as follows:

A. Add the following new sections to Section 2.03, Industrial/Research Park Districts, and Section 3.2, Special Districts, of the Zoning Bylaw, as follows:

2.03 Industrial/Research Park Districts

R&D Research & Development

The R&D District is an overlay district intended to modify the regulations in underlying business and industrial/research park districts in order facilitate research and development and testing uses and to provide specific additional regulations with regard to such uses.

3.29 Research & Development (RD) District

3.290 General

The Research & Development (R&D) District is an overlay district and shall be superimposed on other districts established by this Bylaw. Restrictions and prohibitions of land use in the underlying districts shall remain in full force and shall not be modified by the conditions of the R&D District unless superseded by the restrictions and conditions of the R&D District.

3.291 Establishment of District

The Research & Development (R&D) District shall consist of those geographic areas shown as R&D District on the Official Zoning Map. This District is configured to include those lands which, by virtue of their location with respect to institutions of higher learning, transportation corridors, utilities, village centers, services, and other factors, are appropriate for the siting of research, development, and testing businesses.

3.292 Purpose

The purposes of the Research & Development (R&D) District are to:

3.2920 Facilitate and promote the establishment, development, and expansion of information- and technology-intensive research and development businesses in Amherst.

3.2921 Provide opportunities for the establishment of research and development businesses, including but not limited to those derived from or associated with the research and testing activities of departments or agencies of the University of Massachusetts, Amherst College, and Hampshire College.

3.2922 Require that any research and development businesses established in Amherst are located, designed, and operated in conformance with all federal, state and local regulations regarding public health and safety.

3.2923 Expand employment opportunities for Amherst residents in the fields of research and development.

3.2924 Broaden and diversify the community’s property tax base.

3.293 Permit Required

Within the R&D District, any uses under Sections 3.372.0 and 3.372.1 directly involved or associated with research, development and testing activities, including any associated accessory light manufacturing which would otherwise be regulated in the underlying zoning district under a Special Permit (SP) by the Zoning Board of Appeals shall instead be regulated under Site Plan Review (SPR) approval by the Planning Board. An exception shall be any accessory research or testing to be conducted outdoors, which shall require a Special Permit granted by the Special Permit Granting Authority authorized to act under the applicable section of the Bylaw.

3.294 Review Period

Notwithstanding the provisions of Sections 10.323 and 11.230, within the R&D District, the Fire Chief, Building Commissioner, Board of Health, Town Engineer, and Conservation Department shall have forty-five (45) days to report their findings on any application made under Sections 3.372.0 and 3.372.1 which involves the use, production, or storage of materials identified as flammable, toxic, hazardous or explosive.

B. Amend the Official Zoning Map to add the Research & Development (R&D) overlay district to the following properties in Amherst currently zoned Limited Business (B-L) which are located west of University Drive and between Amity Street and Northampton Road (Route 9):

Map 13B, Parcels 17, 18, 19, 21, 22, 24, 27, and 28

Map 13D, Parcels 2, 3, 5, 59, 62, and 70.

RECOMMENDED by a Finance Committee vote of 7 – 0.

This article creates a new zoning “overlay” district. Zoning overlays define areas of town where additional regulations apply to previously existing zones. Article 10 simply defines the new overlay area as the set of properties on the west side of University Drive, between Northampton Road (Route 9) and Amity Street. This new overlay district is designed to encourage economic development in the areas of research and testing activities. For these specific activities, permit requirements would be changed to allow these types of business uses by right, instead of by special permission, as long as the activities remained indoors. Any economic development permitted under this new overlay district would still be subject to any and all applicable local and state regulations.

The Finance Committee’s 2007 three-year financial plan for Amherst identifies economic development as one of the few revenue-generating components of the plan totally within the Town’s control. The Finance Committee supports this appropriate change to land use in an area where economic development is already occurring.

ARTICLE 11. Zoning Bylaw - Research & Industrial Uses

(Planning Board)

To see if the Town will amend Sections 3.372.0, 3.372.1, 3.372.2, and Article 12 of the Zoning

Bylaw, by deleting the lined out language and adding the language in bold italics, as follows:

A. To amend Sections 3.372.0 and 3.372.1, as follows:

3.372.0 Research and Development

or Testing facility

R-O

R-LD R-N R-VC R-G R-F B-G B-L B-VC COM OP LI PRP FPC

N N SP N N SP SP/SPR* SP SPR SPR SPR SPR N

(SP)

Standards & Conditions

* In those areas of the B-L District which coincide with the Research & Development (R&D) overlay district, Site Plan Review approval shall be required for uses regulated under this section. In all other areas of the B-L District, a Special Permit shall be required from the Zoning Board of Appeals.

Uses under this section shall include research, development and/or testing of innovative information, concepts, methods, processes, materials, or products. This shall include but not be limited to activities conducted in laboratory settings. The accessory development, fabrication, and light manufacturing of prototypes, or specialized machinery and devices integral to research or testing may be associated with these uses under the provisions of Section 5.07.

In the B-G, B-L, B-VC and R-VC districts, the Zoning Board of Appeals may grant a Special Permit for a research and development use, provided that it consists only of office or similar uses and meets the provisions of Section 3.359, Article 7, and Section 10.38. An exception shall be where the B-L District coincides with the R&D overlay district, in which case such a research and development use, similarly limited, shall be permitted through Site Plan Review approval.

In all zones, all outdoor storage of materials and equipment shall be screened from public view, from public ways and abutting residential districts. No operation shall create noise, vibration, dust, fumes, or odors that are a nuisance beyond the lot line, and further no operations shall be permitted which the permit granting board or special permit granting authority, after consultation with the Board of Health, determines to be unduly hazardous by reasons of potential fire, explosion, or radiation, or chemical or biological hazard, including hazards resulting from the use, production or storage of materials or waste identified as toxic or hazardous, flammable, or explosive. No research or testing to shall be conducted outdoors unless a Special Permit is granted for this purpose by the Zoning Board of Appeals Special Permit Granting Authority authorized to act under the applicable section of this bylaw.

3.372.1 Publishing, data processing, light

manufacturing, light assembly

including computer hardware and

software, and scientific products

with associated offices and

distribution facilities.

R-O

R-LD R-N R-VC R-G R-F B-G B-L B-VC COM OP LI PRP FPC

N N SP N N SP SP/SPR* SP SPR SPR SPR SPR N

(SP)

Standards & Conditions

* In those areas of the B-L District which coincide with the Research & Development (R&D) overlay district, Site Plan Review approval shall be required for uses regulated under this section. In all other areas of the B-L District, a Special Permit shall be required from the Zoning Board of Appeals.

Uses under this section shall include those which involve the limited light manufacture or production, principally from previously-prepared materials, of finished products or parts. This may include processing, fabrication, assembly, treatment, and packaging of such products as well as incidental storage and distribution of such products and associated offices. These uses may also include the on-site production within enclosed structures of custom goods fabricated principally by hand through the use of hand tools and small-scale mechanical equipment.

No mass manufacturing, processing, or fabrication normally conducted under Section 3.372.2 nor any on-premises sale of products shall be permitted in association with uses under this section, except that the on-premises sale of custom-made goods produced by hand manufacturing may be permitted under a Special Permit granted by the Special Permit Granting Authority authorized to act under the applicable section of the Bylaw.

In the R-VC District, the Zoning Board of Appeals may grant a Special Permit for a use under this section, provided that the proposed use consists only of offices or similar uses and meets the provisions of Sections 3.360 3.359, Article 7 and Section 10.38. In all zones, all outdoor storage of materials and equipment shall be screened from public view, from public ways and abutting residential districts.

No operation shall create noise, vibration, dust, fumes, or odors that are a nuisance beyond the lot line, and further, no operations shall be permitted which the Permit Ganting Board or Special Permit Granting Aauthority, after consultation with the Board of Health, determines to be unduly hazardous by reason of potential fire, explosion, or radiation, or chemical or biological hazard resulting from the use, production or storage of materials or waste identified as toxic or hazardous, flammable, or explosive. Where permitted, all operations involving such materials shall be conducted in a fully enclosed building in accordance with all applicable public health and safety regulations.

B. To amend Section 3.373.2, as follows:

3.372.2 Manufacturing, assembly and

processing, including associated

offices and distribution facilities.

R-O

R-LD R-N R-VC R-G R-F B-G B-L B-VC COM OP LI PRP FPC

N N N N N N N N N N SPR SPR SPP N

SPP (SP)

Standards & Conditions

Uses under this section shall include those involving the manufacture, assembly and/or processing, from extracted or raw materials or from previously-prepared materials, of finished materials, products, or parts. These uses may include processing, fabrication, assembly, treatment, and packaging of such products, as well as incidental storage and distribution of such products and associated offices. These uses may involve the production and/or storage of volumes of toxic or hazardous, flammable, or explosive materials under appropriate safeguards and conditions, as determined by the special permit granting authority under the requirements of this section. The on-premises sale of products shall not be permitted in association with any uses under this section.

In all zones, all outdoor storage of materials and equipment shall be screened from public view, from public ways and abutting residential districts. No operation shall create noise, vibration, dust, fumes or odors that are a nuisance beyond the lot line, and further, no operations shall be permitted which the Permit Granting Board determines to be unduly hazardous by reason of potential fire, explosion, or radiation, or chemical or biological hazard resulting from the use, production, or storage of materials or waste identified as toxic or hazardous, flammable, or explosive. Where permitted, all operations involving such materials shall be conducted in a fully enclosed building in accordance with all applicable public health and safety regulations.

C. To amend Article 12 of the zoning bylaw by adding the following new language under Section 12.35 and renumbering the remaining sections accordingly:

12.35 Toxic or Hazardous Substance: Any chemical substance or mixture of substances in a gaseous, liquid or solid state which is listed in the Massachusetts toxic or hazardous substance list compiled and maintained by the commissioner of the Massachusetts Department of Public Health in compliance with the provisions of M.G.L. Ch. 111F, section four, as amended, and which is manufactured, processed, used or stored in the workplace, but which shall not include alcoholic beverages as defined in MGL Ch. 138, Section one, or articles intended for personal consumption by employees in the workplace, or consumer articles packaged for distribution to, and used by, the general public, or articles sold or used in retail food establishments and all other retail trade establishments, exclusive of articles used in processing and repair areas, or substances being transported in interstate commerce.

RECOMMENDED by a Finance Committee vote of 7 – 0.

This article changes several permit requirements in the Town’s zoning bylaw, for specific land use categories. First, for B-L (Limited Business) properties that coincide with the new Research and Development Overlay District; namely, B-L properties along the west side of University Drive between Northampton Road (Route 9) and Amity Street, certain uses would be allowed by right with Site Plan Review, rather than by Special Permit. This would encourage economic development by making it easier to obtain bank loans for such uses, while maintaining the Town’s ability to regulate those uses through Site Plan Review.

Second, for the Town’s LI (Light Industry) and PRP (Professional Research Park) zones, this article would increase the permit requirements for manufacturing, assembly and processing, including associated offices and distribution facilities. The permit requirements are increased by changing the permit requirements for these business uses from Site Plan Review to Special Permit (from Planning Board).

Third, this article would modernize and clarify wording for toxic or hazardous substances.

The Finance Committee’s 2007 three-year financial plan for Amherst identifies economic development as one of the few revenue-generating components of the plan totally within the Town’s control. The Finance Committee supports these changes to land use permitting because they strike a reasonable balance between appropriate levels of regulatory oversight for land uses that should be allowed to occur, without discouraging economic development.

ARTICLE 12. Zoning Bylaw - Accessory Light Manufacturing

(Planning Board)

To see if the Town will amend Section 5.07, Scientific Research or Development, of the Zoning

Bylaw by deleting the lined out language and adding the language shown in bold italics:

SECTION 5.07 SCIENTIFIC RESEARCH OR DEVELOPMENT

5.070 Uses accessory to and necessary in connection with scientific research, scientific development, or related production activities in districts where such activities are

permitted by right under a Special Permit or Site Plan Review approval

may be permitted upon the issuance of a Special Permit, as an amendment

to the permit for the principal use provided that the Board of Appeals Permit

Granting Board or Special Permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. Such an accessory use need not be located on the same parcel or parcels of land as the related principal use or activity permitted by right.

5.071 Limited manufacturing activity may be considered an allowed accessory use to a technical research and development office, laboratory, or research facility in the B-G, B-L, B-VC, COM, OP, PRP and LI districts, provided that the following requirements are satisfied:

5.0710 Such manufacturing activity shall be directly related to the research and development activities of the principal use.

5.0711 No manufacturing activity shall occur within two hundred (200) feet of a dwelling unit in a residential district, or within one hundred (100) feet of any dwelling unit in a non-residential district, including any accessory dwelling units under Section 5.016.

5.0712 No manufacturing, processing, or fabrication normally conducted under Sections 3.372.1 or 3.372.2, nor any on-premises sale of products shall be permitted in association with uses under this section.

5.0713 All manufacturing activity shall customarily occur inside of buildings; however, outdoor research work and incidental outdoor fabrication of equipment to conduct outdoor experimentation may be permitted under a Special Permit granted by the Special Permit Granting Authority authorized to act under the applicable section of the Bylaw and issued in conformance with the Standards and Conditions of the principal use and the provisions of Section 10.38.

5.0714 Manufacturing activity, excluding incidental fabrication of outdoor experiments, shall not occupy an area in excess of sixty (60) percent of the gross floor area of a building or group of associated buildings owned by the same establishment.

5.072 An airport or helipad shall not be considered an accessory use under this section.

RECOMMENDED by a Finance Committee vote of 7 – 0.

Article 12 proposes to allow limited manufacturing activity as an accessory business use related to the following previously permitted principal business uses: technical research and development office, laboratory, or research facilities. This accessory use would be permitted under the same procedures as the related principal use. Under this proposed section of the bylaw, limited manufacturing activity could occur in the General Business, Limited Business, Commercial, Office Park, Professional Research Park, or Light Industry districts, if the accessory use was supported by a permit for technical research and development office, laboratory, or research facilities.

Additional regulations are proposed that buffer adjacent residences and businesses, prevent retail visitation, limit most activity to inside of structures, and limit floor space of such activities.

The Finance Committee’s 2007 three-year financial plan for Amherst identifies economic development as one of the few revenue-generating components of the plan totally within the Town’s control. The Finance Committee supports these changes to an accessory land use because it allows for some light manufacturing in a controlled context, whereas Amherst’s light industry district (where more intense manufacturing could occur) is fast disappearing. It would also support other types of businesses that Amherst hopes to encourage.

ARTICLE 13. Zoning Bylaw - Technical/Professional Offices

(Planning Board)

To see if the Town will amend Section 3.359 of the Use Chart (Section 3.3) of the Zoning Bylaw, by

deleting the lined out language and adding the language in bold italics, as follows:

3.359 Low visitation professional or administrative offices

3.359.0 Technical or professional office such as architect, engineer, lawyer, financial services, or similar office providing services predominantly by appointment to

clients in person on the premises.

R-0

R-LD R-N R-VC R-G R-F B-G B-L B-VC COM OP LI PRP