Original Central Square Restoration Petition, as modified by the Planning Board be further amended to include the amendments by the Ordinance Co-Chairs as outlined in ATTACHMENT D

Ordinance Committee Recommended Language

(Definitions) Formula Business. An individual Retail or Consumer Service establishment that is required by virtue of a contract, franchise agreement, ownership or other similar legal obligation to conform or substantially conform to a set of common design and operating features that serve to identify the establishment as one of a group of establishments for business, marketing and public relations purposes.

Specifically, an establishment shall be considered a Formula Business if it shares at least two (2) of the following three (3) characteristics with ten (10) or more other establishments in Massachusetts or with twenty (20) or more other establishments: 1. Trademark, service mark or logo, defined as a word, phrase, symbol, or design or combination thereof that identifies and distinguishes the source of the goods or services trom others; 2.

Standardized building architecture including but not limited to façade design and signage; 3. Standardized color scheme used throughout the exterior of the establishment, including color associated with signs and logos. (Suggested New Language for) Article 20.300 (Central Square Overlay District) 20.304.3 Floor Area Ratio Limitation.

The maximum floor area ratio Floor Area Ratio (FAR) limitations established in the applicable base-zoning district shall continue to apply to any lot in the Central Square Overlay District unless specifically modified by the following provisions:

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1. As Of Right Limitation. The maximum as of right FAR shall be 3.0 in the Office 3 base zoning district for Residential Uses, Section 4.31 a-h, and 2.0 for all other uses; 4.0 for all Residential uses in the Business B base zoning district, and 2.0 in the Residence C-3 and Residence C-2A base zoning districts 4.

Additional FAR for Residential Uses Upon issuance of a special permit, the Planning Board may increase the allowed FAR on any lot or portion of a loi located within the Central Square Overlay District's Business B zone to a total FAR of 4.00 for all nonresidential and residential uses combined, notwithstanding the Rules for Calculation of Permitted Gross Floor Area on a Lot as set forth in Section 5.30.12, as long as more than half of the calculated gross square footage is for residential/hotel use on any given lot and respects existing height limits as of this date.

However, the maximum FAR permitted for nonresidential uses on a lot shall not exceed the limitation on non-residential FAR applicable in the base zoning district. 5.

FAR Exemption for Residential Balconies Notwithstanding any other provision of this Zoning Ordinance, the Gross Floor Area of balconies, terraces, porches, stoops, or mezzanines on any floor of a structure that are accessory to residential uses and not exceeding five (5) six (6) feet in depth measured back from the principal front adjacent wall plane of a building shall be exempted from the calculation of Gross Floor Area permitted on the applicable lot.

Roof top terraces created by building facade setbacks shall also apply if they are a minimum of eight (8) feet clear to maximize usage. All balconies, terraces, porches, stoops and mezzanines must be architecturally integrated with the overall building design in form and materials. 6.

FAR Exemption for Rooftop Spaces Notwithstanding any other provisions of this Zoning Ordinance, the Gross Floor Area of open-air spaces on the roofs of buildings, such as roof gardens, terraces, walk ways, including open or enclosed egresses, covered Staircase head-houses, or observation spaces shall be exempted from Gross Floor Area and FAR limitations upon the granting of a

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special permit by the Planning Board. In granting the special permit, the Planning Board may shall place further requirements on the design or operational aspects of spaces exempted pursuant to this Paragraph, including hours of operation, range of activities permitted, signage, sound mitigation (cite standards), lighting (limiting light trespass from such rooftop spaces), or other measures to ensure that the use of the space is consistent with the intent of this Section. 7.

FAR Exemption for Ground Floor Retail spaces of 1,500 square feet or less shall be excluded from the calculation of floor area ratio if permanently fixed through a deed restriction. 20.304.5 Use Limitations and Restrictions. In addition to the use regulations applicable in each base zoning district the following use restrictions and limitations shall apply in the Central Square Overlay District: 3. Restricted Uses.

(a) In the Central Square Overlay District, an establishment where alcoholic beverages are consumed and where dancing and entertainment is provided, dance hall or similar place of entertainment (Section 4.35g) shall be permitted by right if the principal public entrance or entrances that are directly from Massachusetts Avenue, Prospect Street between Massachusetts Avenue and Bishop Allen Drive, or Main Street or by Special Permit where the base zoning allows such use.

In considering an application the Planning Board may consider hours of operation, proximity to a residential neighborhood, signage, lighting, and sound mitigation.

(b) Unless specifically waived upon the granting of a special permit by the Planning Board, no individual bank or financial institution (Section 4.34e) shall occupy more than twenty-five (25) feet of building frontage facing Massachusetts Avenue or Main Street, and no more than thirty percent (30%) of a lot's aggregate building frontage facing one or more public streets may be occupied by such uses. 4. Formula Business District.

A Formula Business as defined in this Ordinance may be established in the Central Square Overlay District only after the issuance

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of a special permit from the Planning Board. In reviewing an application the Planning Board shall take the following into consideration: (a) The extent to which the design of the proposal reflects, amplifies, and strengthens the established historical character of existing buildings and store fronts in Central Square.

(b) The extent to which the particulars of the building or storefront design is varied from the formula or standard design of the chain in order to reflect the unique character and conditions of Central Square generally or the specific location in particular.

(c) The extent to which the standard elements of the enterprise as they define it as a Formula Business are modified to respect and provide unique expressions of Central Square history and traditions as well as innovation in physical design and marketing that will distinguish the Central Square location from other locations of the Formula Business. - 20.304.4 (a) Waiver of Setback Requirements.