HomeMy WebLinkAboutCorrespondence - 1600 OSGOOD STREET 2/27/2005 C ommunity
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February 27, 2005
Memo To: Chris Huntress, Huntress Associates
From: Terry S. Szold, Principal, CPS
Re: Draft Zoning Concept for Ozzy Properties, Inc. - 1600 Osgood Street
Listed below are my initial ideas and recommended zoning option for achieving a
redevelopment of the above-referenced site that meets the objectives of the Master Plan
you have prepared for Ozzy Properties, as well as the planning interests of the Town of
North Andover. This option should allow the Town and the property owner to make use
of the provisions of Massachusetts General Laws, Chapter 40R.
My recommendation is that a new Smart Growth Overlay Zone be created, which would
be superimposed over the existing industrial zoning classification of the Osgood Street
property.
Overlay Districts are those "districts" that are superimposed over-existing zoning
districts. In cases where the overlay imposes additional standards or restrictions, the
overlay requirements generally take precedence. Overlay Districts are used frequently to
impose environmental performance standards and prohibitions, such as water supply or
aquifer protection, etc.
As you know, more recently, Overlay Districts have been used to establish special
incentives not available in basic districts, and have sometimes been used also to impose
other special requirements and design standards. MGL Chapter 40R is the state-
authorized process for specifically establishing Smart Growth Districts.
The Proposed 1600 Osgood Zoning Concept
A new Overlay District, perhaps called the "Osgood - Smart Growth Overlay District
(O-SGOD)" would be superimposed and applied to the 1600 Osgood Street property,
and inserted into the Zoning Bylaw as a new Section 4.138, immediately following the
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Town's Floodplain District (also an Overlay District) in the Bylaw. The underlying
industrial district allowances would still remain; however, the new Master Plan prepared
by Huntress Associates, and the use, dimensional, and density allowances included in this
Plan, would be authorized and made applicable to the site.
The O-SGOD would specify the following:
• Objectives and goals for the district, defining its relationship to and consistency
with the provisions of MGL 40R.
• Required approval of a Master Plan, to govern the future development of the site.
• Maximum buildout and use allowances. (40R minimum residential density and
affordability requirements would need to be reflected.)
• Enhanced dimensional, density, and design flexibility to enable implementation of
the site Master Plan, including the exemption of the site from the underlying
zoning district limitations should the Master Plan, whether in phases or parts, be
implemented.
• The overall applicable permitting process following Town Meeting approval of
the specific overlay district rezoning, such as site plan review or special permits
that may be required.
• The process applicable for minor changes to the Master Plan versus the process
applicable to major amendments to the Plan.
• The total buildout authorized in the district, with maximum development
thresholds; for example, no more then "X" square feet of industrial, commercial,
and residential use.
• The overall percentage or range of lot coverage, open space, and parking area.
• The percentage of affordable housing units that will be constructed.
• New infrastructure and site amenities associated with the development.
• An allowance for the development to be phased in over time, to account for
market fluctuations and changes.
Based on my experience writing both innovative and conventional zoning provisions and
tools, a key challenge is ensuring that a Town feels they have adequate control and
oversight over buildout consequences, while insuring that the developer has reasonable
flexibility. All this needs to be done while meeting the original objectives of the Overlay
District provisions. This is often a complex balancing act in the bylaw preparation
process. It is also equally important to ensure that North Andover residents and Town
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officials understand how the zoning district works and what can be expected. Ideally, the
newly proposed provision should be drafted in an accessible and readable format, and not
run much beyond five pages.
I look forward to discussing these ideas with you and the Goldsteins at our forthcoming
meeting.
GENERAL OUTLINE:
SECTION 4.138 OSGOOD - SMART GROWTH OVERLAY DISTRICT
(O-SGOD)
1. Purpose and Intent
2. General Requirements
3. Applicability
4. Permitted Uses and Overall Threshold of Development
5. Municipal, Civic, and Other Uses
6. Density and Dimensional Requirements
7. Procedure and Administration
8. Application Procedure
a. Master Plan Requirements
b. Pre-Application Process
C. Public Hearing
9. Town Meeting Approval
10. Planning Board Review Process following Establishment of District
a. Submission Requirements for Review Process
b. Plan form and Content
11. Criteria for Approval by Planning Board
12. Change in Plans after Approval by Planning Board
a. Minor Change
b. Major Change
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