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Town Warrant
Special Town Meeting
Hampshire, ss.
To one of the Constables of the Town of
In the name of the
of the Amherst Regional Middle School in said
Amherst at seven-thirty o'clock p.m. on Wednesday,
the twenty-eighth day of November, two thousand and seven, when the
following articles will be acted upon by town meeting members:
ARTICLE
1. Office
Uses (
To
see if the Town will amend Section 3.3, Footnote f. of Table 3, Dimensional Regulations, and
Sections 7.104, 10.38, and 11.24 of the Zoning Bylaw, by deleting the lined out language and adding the language in bold italics, as follows:
MOTION A. Amend
the second paragraph of Section 7.104, and Sections 10.392, 10.393, 11.2414 and
11.2417, as follows:
7.014 . . . .
Driveways shall be located and
designed so as to minimize conflict with traffic and provide clear visibility
and sight distances for the observation of approaching pedestrian and vehicular
traffic. The design and layout of driveways and
circulation serving parking areas of 5 or more spaces shall prevent vehicles
from backing into a street in order to exit the site. Circulation design, layout, and signs
associated with non-residential uses shall direct exiting vehicles in a safe
and convenient manner toward main thoroughfares and away from secondary streets
passing through adjacent residential neighborhoods. No portion of the driveway at
the edge of the street pavement shall be closer than 75 feet from an
intersection, unless allowed by the Special Permit Granting Authority or
Ppermit Granting Board.
10.392 The proposal provides adequate
landscaping, including the screening of adjacent residential uses, provision of
street trees, landscape islands in the parking lot and a landscape buffer along
the street frontage. When a non-residential use adjoins a
residential district, an uninterrupted vegetated buffer shall, to the extent
feasible, be established and maintained between buildings associated with uses
under this section and the nearest residential property boundaries. Where natural, undisturbed vegetation already
exists on-site prior to site preparation and clearing, the majority of that
vegetation may be retained and included as part of the buffer, along with the
addition of such new plantings, selective removals, and other management of
site plantings as are determined to be necessary to maintaining an effective
year-round visual screen. See Section
11.3.
10.393 The proposal
provides protection of adjacent properties by minimizing the intrusion of
lighting, including parking lot and exterior lighting, through use of cut-off luminaires, light shields, lowered height of light poles,
screening, or similar solutions. Except
for architectural and interior-lit signs, all exterior site lighting shall be
downcast and shall be directed or shielded to eliminate light trespass onto any
street or abutting property and to eliminate direct or reflected glare
perceptible to persons on any street or abutting property and sufficient to
reduce a viewer’s ability to see. All
site lighting, including architectural, sign, and parking lot lighting, shall
be kept extinguished outside of those business hours established under an
approved site management plan, except for lighting determined to be necessary
for site security and the safety of employees and visitors.
11.2414 Provision of adequate landscaping,
including the screening of adjacent residential uses, provision of street
trees, landscape islands in the parking lot and a landscape buffer along the
street frontage.
When a non-residential use adjoins a
residential district, an uninterrupted vegetated buffer shall, to the extent
feasible, be established and maintained between buildings associated with uses
under this section and the nearest residential property boundary. Where natural, undisturbed vegetation already
exists on-site prior to site preparation and clearing, the majority of that
vegetation may be retained and included as part of the buffer, along with the
addition of such new plantings, selective removals, and other management of site
plantings as are determined to be necessary to maintaining an effective
year-round visual screen. See Section
11.3.
11.2417
Protection of
adjacent properties by minimizing the intrusion of lighting, including parking
lot and building exterior lighting, through the use of cut-off luminaries,
light shields, lowered height of light poles, screening or similar solutions. Except for architectural and interior-lit
signs, all exterior site lighting shall be downcast and shall be directed or
shielded to eliminate light trespass onto any street or abutting lot property
and to eliminate direct or reflected glare perceptible to persons on any street
or abutting property and sufficient to reduce a viewer’s ability to see. All site lighting, including architectural,
sign, and parking lot lighting, shall be kept extinguished outside of those
business hours established under an approved site management plan, except for
lighting determined to be necessary for site security and the safety of
employees and visitors.
MOTION B. Amend
Footnote f. of Table 3, Dimensional Regulations, as follows:
f. Except as may be otherwise provided for
specific uses, rRear and side yards shall
be at least 50 feet when the affected property is adjoining a Residence
District. Otherwise, rear and side yards
shall be at least 10 feet.
MOTION
C. Combine and amend Sections 3.358 and
3.359 as follows, renumbering the remaining sections accordingly:
3.358 Office
Uses
3.358.0 Bank,
loan agency, real estate, insurance or other business or professional office
providing services to the public 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 FPC
N N
N N
3.358.1 Technical or professional office
such as architect, engineer, lawyer, financial services, or similar office
providing services predominantly by appointment to the public 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 FPC
N N SP N N SPR SPR SPR SPR SPR
Standards
& Conditions
For the purposes of this section,
the public shall be defined as including all persons acting as customers or
clients receiving services.
“Predominantly by appointment” shall mean that a majority of customers
or clients who are provided services in person on the premises during any
extended period of operation (monthly, quarterly, or annually) shall do so
through prior appointment. Exceptions
shall be discretionary follow-up visits by customers or clients with regard to
services already provided, visits by affiliated professionals or consultants,
salespersons, service contractors (delivery, maintenance, etc.), and the
like. Office uses under this section
shall advertise their on-premises services as being available to the general
public only by appointment.
3.358.2 Administrative business office or
similar Bbusiness or professional
office not providing services to
the general public 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 FPC
N N SP N
For the purposes of these
sections, the public shall be defined as including all persons acting as
customers or clients. Exceptions shall
be affiliated professionals or consultants, salespersons, service contractors
(delivery, maintenance, etc.), and the like.
No office use under section shall advertise its services as being
available to customers and clients on the premises. Services shall be advertised as being
available exclusively by telephone, mail, on-line, or other remote means.
[For Sections 3.358.1 and
3.358.2, inclusive]
In the PRP District, uses under
these sections shall be located on parcels served by town water and sewer. Notwithstanding the provisions of footnote
f., of Table 3, Dimensional Regulations, when a use under these sections is
located on a property adjoining a residential district, a minimum 50-foot
uninterrupted vegetated buffer shall be established and maintained between
buildings associated with uses under this section and the nearest residential
property boundaries. When the Special
Permit Granting Authority or Permit Granting Board determine that an increased
buffer is warranted and the subject property and site layout allow, a vegetated
buffer of up to 100 feet in width may be required. Said buffer may include any drives or
roadways.
In the R-VC District, the Zoning
Board of Appeals may grant a Special Permit for an office use under Sections
3.358.1 or 3.358.2 professional or office uses not dealing directly with the general public. The Zoning Board of Appeals may grant a
Special Permit providing it finds that, in addition to meeting the
provisions of Article 7 and Section 10.38, the proposed office use meets the
following conditions:
1. Is
located on the ground floor only, and occupies no more than 50 percent of the
gross floor area of the structure, exclusive of storage space.
2. Shall
be allowed only as a second Principal use, where the first Principal use is a
residential use consisting of one dwelling unit.
3. Shares
a property line with or is adjacent to another property with a similar use
permitted under this section or a property in the B-L, B-VC or COM districts.
4. Employs no more than 3 persons (for a Section 3.358.1
office) or 5 persons (Section 3.358.2) who work on-site, other
than residents of the property.
5. Where located in an existing building, the
residential character of the structure and site shall be maintained.
You are hereby directed to serve this call by
posting attested copies thereof at the usual places:
Prec. 1 North
Amherst Post Office Prec. 6
Prec. 2 North
Fire Station Prec. 7
Prec. 3
Prec. 4
Prec. 5 Town
Hall Prec. 10
Hereof fail not and make return of this
warrant with your doings thereon at the time and place of said meeting.
Given under our hands this fifth
day of November, 2007.
Gerald
S. Weiss
Robert
B. Kusner
Anne S. Awad
Alisa
V. Brewer
Hwei-Ling Greeney
Select
Board
Hampshire, ss.
In obedience to the within warrant, I have
this day as directed posted true and attested copies thereof at the above
designated places, to wit:
Willie
J. Wheeler
Constable,
Town of