MOVED that the Town vote to amend the Needham Zoning By-Law, as follows:

In Section 3, Use Regulations, by inserting a new Subsection 3.5, Adult Uses, to read as follows:

"3.5 Adult Uses

3.5.1 Purpose and Intent

It has been documented in numerous other towns and cities throughout the Commonwealth of Massachusetts and elsewhere in the United States that adult entertainment uses are distinguishable from other business uses and that the location of adult entertainment uses degrade the quality of life in the areas of the community where they are located, with impacts including increased levels of crime, blight, and late hours of operation resulting in noise and traffic late into the night. Therefore, this By-Law is enacted pursuant to M.G.L., Chapter 40A, Section 9 and Section 9A to serve the compelling Town interests by regulating and limiting the location of adult entertainment enterprises as defined herein. This regulation will promote the Town of Needham's great interest in protecting and preserving the quality of its neighborhoods, commercial districts, and the quality of life through effective land use planning.

3.5.2 Definitions

The following terms shall be specifically applicable to the Adult Uses regulations and shall have the meanings provided below.

Adult Bookstore - an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, Section 31.

Adult Video Store - an establishment having as a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, Section 31.

Adult Paraphernalia Store - an establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, Section 31.

Adult Motion Picture Theater - an enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G. L. Chapter 272, Section 31.

Adult Live Entertainment Establishment - any establishment which provides live entertainment for its patrons, which includes the display of nudity, as defined in M.G. L. Chapter 272, Section 31.

Adult Use - Adult Bookstore, Adult Video Store, Adult Paraphernalia Store, Adult Motion Picture Theater, and/or Adult Live Entertainment Establishment as defined herein.

3.5.3 Adult Uses Not Allowed As-of-Right

Adult Uses are not included within the definition of retail sales or services of "any other lawful business" permitted as-of-right or by Special Permit. In no instance shall an Adult Use be allowed as-of-right.

3.5.4 Adult Uses Allowed Only By Special Permit

Adult Uses are prohibited except as allowed by Special Permit issued by the Board of Appeals in those commercial and industrial zoning districts wherein the respective retail, theater, or entertainment use is permitted as-of-right or by Special Permit as set forth in Section 3.2 of this By-Law.

3.5.5 Special Permit Standards for Adult Uses

No Special Permit may be granted by the Board of Appeals for an Adult Bookstore, Adult Video Store, Adult Paraphernalia Store, Adult Motion Picture Theater, or Adult Live Entertainment Establishment unless the following conditions and limitations are satisfied:

(a) No Adult Bookstore, Adult Video Store, Adult Paraphernalia Store, Adult Motion Picture Theater, or Adult Live Entertainment Establishment may be located less than:

500 feet from a park, playground, recreational areas where large numbers of minors regularly travel or congregate, another Adult Use, or any establishment licensed under the provisions of M.G.L. Chapter 138, Section 12;

700 feet from a child-care facility;

1,000 feet from any residential district designated by this By-Law.

The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the Adult Use is to be located to the nearest property line of any of the designated uses set forth herein.

(b) No merchandise or services prohibited as obscene or indecent under any federal or Massachusetts law or regulation or found to be obscene by any superior or higher federal or state court in any of the New England states shall be disseminated or available therein.

(c) No signs, graphics, pictures, publications, videotapes, movies, covers, or other implements, items, or advertising that fall within the definition of Adult Bookstore, Adult Video Store, Adult Paraphernalia Store, Adult Motion Picture Theater, or Adult Live Entertainment Establishment merchandise, or are erotic, prurient, or related to violence, sadism, or sexual exploitation shall be displayed in the windows of, or on the building of any Adult Bookstore, Adult Video Store, Adult Paraphernalia Store, Adult Motion Picture Theater or Adult Live Entertainment Establishment, or be visible to the public from the pedestrian sidewalks or walkways or from other areas, public or semi-public, outside such establishments.

(d) Appearance of buildings for Adult Uses shall be consistent with the appearance of buildings in similar (but not specifically "adult") use in Needham, not employing unusual color or building design which would attract attention to the premises.

(e) No Special Permit for an Adult Use shall be issued to any person convicted of violating the provisions of M.G.L. Chapter 119, Section 63 or M.G.L. Chapter 272, Sections 28, 29, 29A, 29B, and 35A. No Special Permit for an Adult Use shall be issued to any corporation, partnership, trust or any other legal entity if any of its directors, partners, trustees, principals, managers, employees or beneficial owners have been convicted of violating the provisions of M.G.L. Chapter 119, Section 63 or M.G.L. Chapter 272, Sections 28, 29, 29A, 29B, and 35A. If any person who is a director, partner, trustee, principal, manager, employee or owns a beneficial interest in such legal entity is convicted of violating M.G.L. Chapter 119, Section 63 or M.G.L. Chapter 272, Sections 28, 29, 29A, 29B, and 35A, the Special Permit shall terminate herewith.

(f) Special Permits granted for Adult Uses shall be subject to the provisions of Section 7.5.2. Special Permits of this By-Law.

(g) Special Permits granted for Adult Uses shall be subject to annual renewal.

(h) Special Permits shall be granted for Adult Uses only upon determination of the Board of Appeals that the location and design of the facility are in harmony with its surroundings, and that adequate safeguards exist through licensing or other means to assure on a continuing basis that activities therein will not be patently contrary to prevailing standards of adults in the community and will not involve minors in any way.

(i) A Special Permit issued under this Section shall terminate upon any one of the following occurrences:

1) There is a change in the location of the Adult Use;

2) There is a sale, transfer or assignment of the business or the license;

3) There is any change in legal or beneficial ownership or management of the applicant.

3.5.6 Lapse of Special Permit

Any Special Permit granted under this section shall lapse within one year of the date of grant, not including the time required to pursue or await the termination of an appeal referred to in M.G.L. Chapter 40A, Section 17, if substantial use thereof has not sooner commenced except for good cause, or in the case of permit for construction, if construction has not begun within one year of the date of grant, except for good cause.

3.5.7 Severability

If any section or portion of this By-Law is ruled invalid by a court of competent jurisdiction, such ruling will not affect the validity of the remainder of the By-Law."

Article 11 Explanation: This Article proposes to establish controls on adult uses as defined in state law by imposing town wide off-set requirements from sensitive uses and a special permit process. The article is offered as an alternative approach to the overlay district plan contained in Articles 9 and 10. Adult bookstores, adult video stores, adult paraphernalia stores, adult motion picture theaters, and adult live entertainment establishments would be defined and would come under the proposed regulations. The amendment would establish a special permit procedure for approval of adult uses by the Board of Appeals in those commercial and industrial districts wherein the respective retail, theater, or entertainment use is permitted as-of-right or by special permit. In considering an application, adult uses would not be allowed: (1) Where there is a park, playground, recreational area where large numbers of minors regularly travel or congregate, another adult use, or any establishment with a liquor license within 500 feet; (2) Where there is a child-care facility within 700 feet; and (3) Where there is a residential district designated by this by-law within 1,000 feet.

Special permits would further be subject to annual renewal. Buildings containing an adult use would be required to be consistent with the appearance of buildings containing similar (but not specifically "adult") uses in Needham, not employing unusual color or building design that would attract attention to the premises. The display of adult use materials in the windows of or on the building would be prohibited. Applications for special permits would require information on the owner, partners, managers, number of employees, and other information.

The Planning Board believes that it is unlikely that an adult use will ever come to town for a variety of reasons. Nevertheless, state officials advise that it is wise for communities to adopt regulations. In this instance, the Planning Board believes that it is better to have the regulation and never need it than to need it and not have it.

Town Meeting Actions (5/4/98 10:55 pm - 10:59 pm)

Disposition

Defeated

Amendments

1. A technical amendment: 3.5.5(i): ``4. There is a violation of the special permit.''

   Nay

ARTICLE 12:

ABANDONMENT OF CHESTNUT ROAD

MOVED that the Town vote to abandon Chestnut Road as a public way, from Chestnut Street to Lincoln Street, in accordance with plans on file with the Town Clerk.

Article 12 Explanation: This Article is part of the next phase for the planned reconstruction of the Chestnut Street and Lincoln Street parking lot. Adoption of this Article will help to establish a new layout of the parking spaces and thereby maximize the effective use of the area available including the Town owned parcels, the private parcels and the roadway area. In order to accomplish this new layout, the area comprising the public way known as Chestnut Road will need to revert back to a private way status.

Town Meeting Actions (5/6/98 8:47 pm - 9:07 pm)

Disposition

Approved as amended

Amendments

1. Replace ``Abandon'' with ``Discontinue'' and add language requiring abutter agreements before the discontinuance is complete.

   Aye

Discussion

Mr. Cogswell. Construction phase will come to the November Town Meeting. Discussed parking needs and the agreements and easements required.

Mr. Healy of Finance Commitee; recommends approval. Expect around $300,000 cost in the fall.

Mr. Gerald Browne asked about the requirement of a waiver of damages from the abutters. Mr. Tobin says state law allows such damages.

Dr. Davis; What can be put in the parcel we have sold? This is a Planning Board issue. Mr. Handel of Planning Board: Parking increase outweighs parking needs of building.

Mrs. Weiser. Might the Lane Building be available later? Town has not yet had that discussion.

What percent permit parking? Not yet known. Some permit spaces will move from Chapel Street.

ARTICLE 13:

TRANSFER OF LAND TO CONSERVATION COMMISSION - JAMES AVENUE

MOVED that the Town transfer the care and control of land off of James Avenue, being a portion of Lot 1 and all of Lot 3 as shown on Assessors Map Number 35, now held by the Board of Selectmen for general purposes, to the Conservation Commission for conservation purposes.

Article 13 Explanation: The 1997 Annual Town Meeting created a study committee to determine the future use of approximately four and one-half acres of land off of James Avenue. The Committee is recommending that said parcel be transferred to the Conservation Commission to be maintained as conservation land.

Town Meeting Actions (5/6/98 9:26 pm - 9:54 pm)

Disposition

Approved as amended (174-19)

Amendments

1. Map number 55 not 35.

   Aye

Discussion

Mr. Cogswell moved to discuss with Article 14.

He shows slides of these two areas. These transfers might make later change to other uses require legislative action. A Commitee discussed this since last year. Kaestle-Boos agrees James Avenue is not buildable.

Mr. Healy. Finance Commitee agrees. Passionately argued that open space retention is vital.

Mr. Robert Larsen. This narrows our options. e.g. expansion of Mitchell. Mr. Clauset says the land in article 13 is not buildable.

Mrs. Sockol; what sort of recreation? also how to regain? Cogswell: P&R not as restrictive as CC use. Passive use is anticipated.

j. H. Powers. Pollard property is park land that was transferred back, so it can be done.

Mrs. Oliver . No plan for Mitchell; why not wait later. Mr. Tobin said this property probably wouldn't require legislature.

Mrs. Abbot asked about size of cul-de-sac. Keep it as small as possible.

Mrs. Aliper. Details on procedure.

Mr. McClelland. The land bends down at that boundary.

Mr. Marr: Stream etc. requires passive use.

ARTICLE 14:

TRANSFER OF LAND TO PARK AND RECREATION COMMISSION (GREENDALE AVENUE)

MOVED that the Town vote to transfer the care and control of a portion of land located between 906 and 926 Greendale Avenue and shown as Lot C on Assessors Map15, containing 3.07 ±- acres, now held by the Board of Selectmen for general municipal purposes, to the Park and Recreation Commission for recreation purposes.

Article 14 Explanation: The 1997 Annual Town Meeting created a study committee to determine the future use of approximately three acres of land off of Greendale Avenue. The Committee is recommending that said parcel be transferred to the Park and Recreation Commission to be used for recreation purposes.

Town Meeting Actions (5/6/98 9:55 pm)

Disposition

Approved