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  • Acts
  • 2001
  • Chapter 210 AN ACT RELATIVE TO CERTAIN SUBDIVISIONS OF LAND IN THE CITY OF GLOUCESTER.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Notwithstanding any general or special law to the contrary, the city of Gloucester may adopt an ordinance providing that no subdivision of more than 3 lots shall be approved in an overlay district in the city until July 1, 2005, provided that the planning board may authorize the approval of any subdivision provided that each resulting lot can be permitted under the provisions of the requirements of the board of health of the city for a Title V system and 310 CMR 15.00. The issuance of a special permit for subdivisions and cluster developments greater than 3 lots or units shall be subject to the subdivision rules and regulations of the planning board of the city. The special permit may also include, but not be limited to, conditions as to the layout of lots, the design and location of public improvements, environment and its scenic integrity.

(1) Private sewer lines are prohibited in the overlay district until such time as this ordinance is amended by a 2/3 vote of the city council specifically to allow private sewage treatment facilities within the overlay district.

(2) During the period that the interim planning district is in effect all applications for approval not required parcels resulting in the creation of 3 or more buildable lots within the interim overlay district and 1 or more divisions of a parcel of land within the interim overlay district which would cumulatively result in the development of more than 3 lots, or cluster developments within the interim overlay district greater than 3 units, shall require a special permit from the planning board.

(3) The interim planning district to be created is located within Ward 5-2 and is approximately bounded as follows: From the intersection of the R-RB and R-3 zoning districts located approximately 800 feet southwest of the intersection 3 of Essex Avenue and the Essex Town line northeast on a line 2.8 miles to the Gloucester section of Castle Neck, southeast approximately 200 feet northwest of Laurel Street to Essex Avenue, then west along the boundary between the R-2 and R-2A Zoning districts, roughly parallel to Essex Avenue, and further west along the northern boundary of the R-RB Zoning District and the southern boundary of the R-3 Zoning District to the Essex Town Line. Public and Private Ways located in the West Gloucester Interim Planning District and including all or parts of the following: Abbey Road, Anderson Way, Andrews Court, Atlantic Avenue, Atlantic Street, Bayberry Lane, Bayle Lane, Becker Lane, Biskie Head Point, Boynton Island, Bray Street, Brookfield Drive, Brooks Lane, Brooks Road, Bungalow Road, Cabot Lane, Castle Hill Road, Causeway Street, Chickadee Road, Clover Lane, Cole's Island Road, Concord Street, Cove Way, Crafts Road, Crane Way, Digby Lane, Dune Circle, Duane Lane, Elmo Lane, Elva Road, Essex Avenue, Eveleth Road, Fenley Road, Fernald Street, Forest Lane, Great Hill Road, Great Ledge Lane, Gull Lane, Hidden Way, Hilltop Road, Hunter Road, Jebeka Lane, Jer Jean Circle, Jones River Road, Julie Court, Kent Road, Keystone Road, Landing Road, Larose Avenue, Laurel Street, Lawrence Court, Lawrence Mountain Road, Leaman Drive, Lily Road, Lincoln Street, Longview Road, Longview Terrace, Massachusetts Avenue, Mathieu Hill Road, New Way Lane, North Landing Way, Old Bray Street, Overlook Avenue, Pebble Path, Point Road, Presson Point Road, Ridgewood Lane, Russ Road, Rust Island Road, Sand Dollar Circle, Sandy Way, Saville Road, Skipper Way, Skipper Way Terrace, Sleepy Hollow Road, Sumner Street, Totten Lane, Two Penny Lane, Valley Road, Walker Court, Walker Street, Waterman Road, Wauketa Road, West Parish Lane, Whale Rocks Road, Whipple Woods Road, Wyoma Road, Ye Ole County Road, Castle View Drive, Cedarwood Road, Ram Rule Lane, Thompson Street, Becker Circle, and Welch Lane.

SECTION 2. The provisions of this act shall expire on July 1, 2005. The effective period of the interim overlay district may be extended by 2/3 vote of the city council of the city of Gloucester following the procedures established in section 1.5 of the zoning ordinances of the city, but under no circumstances may the total extension period exceed 1 year.

SECTION 3. This act shall take effect upon its passage.

Approved December 29, 2001.