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2009 Annual Report.pdf - Town of Milton

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Chapter 10 <strong>of</strong> the General Bylaws is hereby amended by inserting after Subsection<br />

III.K there<strong>of</strong>, the following subsection:<br />

L. Blue Hill Avenue Institutional/Business Overlay District<br />

In the Residence C District on a lot that is located on a state highway, which<br />

contains no less than 120,000 square feet <strong>of</strong> land, exclusive <strong>of</strong> wetlands, and<br />

which contains a financially distressed, tax-exempt institution which will<br />

remain on site, a development combining a mix <strong>of</strong> the tax-exempt institution<br />

and business uses may be permitted by a special permit issued by the<br />

Planning Board upon such terms and conditions as the Planning Board shall<br />

deem to be reasonable and appropriate. As used in this subsection L, the<br />

“lot” shall be deemed to include a combination <strong>of</strong> adjacent lots in one ownership.<br />

In the event that a special permit for an institutional/business development<br />

shall be issued for a lot <strong>of</strong> land, no use <strong>of</strong> the lot may be made<br />

except as specifically authorized by the special permit.<br />

(1) Purpose<br />

The purpose <strong>of</strong> this subsection is to permit quality development combining<br />

both an existing, financially distressed, tax-exempt institutional use and<br />

business uses and providing significant amenities to the public, including<br />

an attractive design which takes advantage <strong>of</strong> natural features and fits in<br />

well with other properties that are adjacent to it, and that preserves the ability<br />

<strong>of</strong> the historically significant religious or charitable institution to maintain<br />

a viable presence in the town.<br />

(2) Uses<br />

(a) Business uses otherwise permissible in the Business District, including<br />

a pharmacy with a drive-through transaction window, may be permitted,<br />

in conjunction with institutional use, by a special permit, except<br />

that none <strong>of</strong> the following uses shall be permitted: used car lots, motor<br />

vehicle dealerships, gasoline stations, motor vehicle repair shops and<br />

sexually oriented businesses.<br />

(b) The existing institutional use shall be permitted in conjunction with an<br />

amount and type <strong>of</strong> business use which is deemed reasonable and appropriate<br />

by the Planning Board, by a special permit.<br />

98

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