To see if the Town will vote to make the following changes to the Town of Douglas Zoning Bylaws dated October 25, 2004, or take any other action related thereto.

1.) Section 4.3:

Delete the following sentence in Section 4.3 in its entirety:

“Lots having less than the normally required lot frontage may be created and built upon for residential use provided that such lots are shown on a plan endorsed by the Planning Board “Approved for Reduced Lot Frontage” and bear a statement to the effect that such “Approved for Reduced Lot Frontage” lot shall not be further divided to reduce its area or to create additional building lots. Plans shall be so endorsed if meeting each of the following, but not otherwise.”

Replace with the following sentence:

“Lots having less than the normally required lot frontage (“rear lot”) may be created and built upon for residential use provided that such lots are shown on a plan endorsed by the Planning Board “Approved for Reduced Lot Frontage” and bear a statement to the effect that such “Approved for Reduced Lot Frontage” lot shall not be further divided to reduce its area or to create additional building lots. Plans shall be so endorsed if meeting each of the following, but not otherwise.”

2.) Section 4.3.3:

Delete Section 4.3.3 in its entirety:

“4.3.3 Building Line

The building line shall be at least one hundred and fifty (150) feet in the RA zone and seventy-five (75) feet in the VR zone and designated on the plan.”

Renumber the following sections accordingly.

3.) Section 5.1.5:

Delete the following paragraph number 1.:

“1. Surface. The area and access driveways thereto shall be surfaced with a durable material (ie. bituminous or cement concrete, or other environmentally friendly surface) and shall be graded and drained so as to dispose of all surface water accumulation away from adjacent public ways.”

And replace with the following paragraph number 1.:

“1. Surface. The area and access driveways thereto shall be surfaced with a durable material (ie. bituminous or cement concrete, or other environmentally friendly surface such as an appropriate porous material to reduce stormwater runoff and thereby augment groundwater recharge) and shall be graded and drained so as to dispose of all surface water accumulation away from adjacent public ways.”

4.) Section 6.1.7:

Delete the following text from paragraph number 4.:

“Massachusetts Department of Public Works”

And replace with the following:

“Massachusetts Highway Department”

5.) Section 7.2.4:

Delete the following text from paragraph number 3:

“The cost for which shall be borne by the Applicant.”

Insert the following sentence in its place:

“The cost for which shall be borne by the Applicant in accordance with MGL c. 44 s. 53G, and the Douglas Planning Board Regulations Governing Fees and Fee Schedules.”

6.) Section 7.2.8.5:

Delete the following text from paragraph number 5:

“A density bonus may be permitted when the proposed subdivision provides permanently affordable housing opportunities, whether within the Open Space Residential Subdivision or elsewhere in Douglas. When located within the Open Space Residential Subdivision, affordable units shall be developed concurrently with the market rate units.”

Replace with the following text:

“A density bonus may be permitted when the proposed subdivision provides permanently affordable housing opportunities, whether within the Open Space Residential Subdivision or elsewhere in Douglas beyond those mandated pursuant to 7.2.9. When located within the Open Space Residential Subdivision, affordable units shall be developed concurrently with the market rate units.”

7.) Section 8.1.5:

Add the following new paragraph to the end of Section 8.1.5:

“The purpose of the above process is limited to the ministerial task of locating with precision on the ground the boundaries of the district as shown on the official Plate 5 map, but is not a means of altering the district boundaries themselves. Any modifications to the Plate 5 Map requires action of Town Meeting.”

8.) Section 8.1.6 (A):

Delete the following paragraph:

“These uses are permitted provided that all necessary permits, order, and approvals required by Local, State, and Federal Laws are also obtained.”

Insert the following paragraph in its place:

“These uses are permitted provided that all necessary permits, orders, and approvals required by Local, State, and Federal Laws are also obtained.”

9.) Section 8.1.6 (A) 6:

Delete the following paragraph:

“Single family or duplex dwelling lot size less than those under the PA Zoning District allowed by the Zoning Bylaws shall continue to be allowed within the Water Resource Districts only is such residential development is connected to municipal sewerage. Dimensional requirements for said lots shall conform to those allowed by the Bylaw.”

Insert the following paragraph in its place:

“Single family or duplex dwelling lot size less than those under the RA Zoning District allowed by the Zoning Bylaws shall continue to be allowed within the Water Resource Districts only if such residential development is connected to municipal sewerage. Dimensional requirements for said lots shall conform to those allowed by the Bylaw.”

10.) Section 8.1.10:

Delete the following sentence:

“Nonconforming uses which are lawfully existing, begun or in receipt of a Building or Special Permit prior to first publication of Notice of Public Hearing for this Bylaw may be continued. Such nonconforming uses may be extended or altered, as specified in mass. General Laws, Chapter 40A, Section 6, as amended, and the Douglas Zoning Bylaws, provided that there is a finding that such change does not increase the danger of groundwater pollution from such use. Applicants shall follow procedures specified in Section 8.09 of this Bylaw.”

Replace with the following sentence:

“Nonconforming uses which are lawfully existing, begun or in receipt of a Building or Special Permit prior to first publication of Notice of Public Hearing for this Bylaw may be continued. Such nonconforming uses may be extended or altered, as specified in Massachusetts General Laws, Chapter 40A, Section 6, as amended, and the Douglas Zoning Bylaws, provided that there is a finding that such change does not increase the danger of groundwater pollution from such use. Applicants shall follow procedures specified in Section 8.09 of this Bylaw.”

11.) Section 9.1.3:

Delete the following paragraph:

“The penalty for violation of any provision of this By‑Law, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals shall be consistent with a schedule developed by the Zoning Board of Appeals. Each day that each violation continues shall constitute a separate offense.”

Insert the following paragraph in its place:

“The penalty for violation of any provision of this By‑Law, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals shall be consistent with a schedule developed by the Zoning Board of Appeals and MGL c. 40A s. 7. Each day that each violation continues shall constitute a separate offense.”

12.) Section 10:

Comment: “This should be renumbered as section 8.3 with the other overlay districts. The purpose of creating a chapter format was to avoid adding on random amendments at the end of the text.”

Delete Section 10.0 in its entirety and add the same section with modified numbering starting with Section 8.3, etc.

13.) Section 10.6

Delete the following paragraph:

“The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:”

Insert the following in its place:

“In addition to the uses allowed or allowed by special permit in the underlying districts, the following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:”

14.) Section 11:

Delete Section 11.0 in its entirety and add the same section with modified numbering starting with Section 10.0, etc.

15.) Appendix B:

Delete the following portions of the Table contained in Appendix B- Town of Douglas Dimensional Regulations:

RC-1
	Retail establishment for public sale, funeral home, veterinary hospital, motor vehicle repair shop, restaurant, office building, commercial indoor amusement or recreational facility, commercial outdoor amusement or recreational facility, contracting business, warehouse or wholesale facility, private club, fraternal organization	130,000	300	50	25	25	35	2 1/2
RC-2
	Retail establishment for public sale, funeral home, veterinary hospital, motor vehicle repair shop, restaurant, office building, commercial indoor amusement or recreational facility, commercial outdoor amusement or recreational facility, contracting business, warehouse or wholesale facility, private club, fraternal organization	130,000	300	50	25	25	35	2 1/2

Insert the following in its place:

RC-1
	Retail establishment for public sale, funeral home, veterinary hospital, motor vehicle repair shop, restaurant, office building, commercial indoor amusement or recreational facility, commercial outdoor amusement or recreational facility, contracting business, warehouse or wholesale facility, private club, fraternal organization	45,000	300	50	25	25	35	2 1/2
RC-2
	Retail establishment for public sale, funeral home, veterinary hospital, motor vehicle repair shop, restaurant, office building, commercial indoor amusement or recreational facility, commercial outdoor amusement or recreational facility, contracting business, warehouse or wholesale facility, private club, fraternal organization	45,000	300	50	25	25	35	2 1/2