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Home My WebLink About1987-03-02ESSEX-SS.- : To either oftheConstable, s of the Town ofJVorth Andover: ' · ' GP,~ETINGS: In the name' of the Co~onvea.l.th of ~.Iaa~aehaae~a, you ~e to vote i~.'elections to meet in .the Senior Citizens: Center in:~Pre'c~ct ~0n'e, ,, .. ~the St.. Michael' s School in Precinct' ~o, the' Atkinson ~chool in Prec~ct~~ ~ee,.~ : the Atkimson School in Precinct 2o~, the Fr~]~in in '~ecinct?ive,; ~he.'~in School in ~ecinct Six, ~1 in said North ~dover, on :.., ~WTI~LM 1. ,,~o, Selectmen for three ye~s, ~O,l,m~bers of, the'School. Oo~ittee s,.~arrant at the 1,To~ Office Building .and in a, public-Place~:in'. '~ot- less .than,:~even days before'ithe ti~e :Of'.saidi.. j /6ue r~turn or'this l~a~rant.;with y6%tr',doings ,id'meet: mg ~o'-th~. To~ 'Clerk.; ~ '-., }'¥ ' ?~;:.]: }? ~~"~11~ r [ ~ 'JO~:.W.' O~l~':' ~ ~";~?~? ~:-'""" '},~2~?ETH C CROUCH - ~FJLRLES A; SALISBURY "- CP2{ISTI?~-M.- S~,~ITH North ::' ,:Constable; '" OFFICER'~-~ Pursuant to the foregoing warrant, I have warned and notified the inhmbitants of the Town of North Andover who are ~ualified to vote in Town Affairs to be at the time and place for the purpose mentioned within bo posting the same as directed at least seven days before the date of said meeting. (TOWN ELECTION--) JohnN~ing Constable of North Andover TOWN ELECTION NARCH 2, 1987 CANDIDATES BOARD OF SELECTMEN SALISBURY ROBERT ERCOLINI SEAN FOUNTAIN .JOHN ~'2LVNING ADELE McCONAGHY JOHN ROBINSON LINDA RUSCI0 ROBERT SCANLON BI~2;E SCHOOL CO~.~ITTEE DIANE BATAL BEY. AN DONAEUE · BLANKS VO. TECH JOHN CAFFREY ATTEST: P R E ¢ I N T S i 2 3 2 5 6 222 289 116 161 1~6 1~8 159 282 103 177 2OO 196 lh8 2O9 96 95 195 232 200 332 1~8 124 112 2/3. 32 hO ~6 2O 2O 2O 89 185 1~ 10~ ~07 102 22 ~1 3~ 17 23 13 62 81 22 39 66 78 128 296 116 88 137 128 1~2 215 126 99 9o 12~ 299 302 3~2 ~2 ~82 -"8~5 360 3~2 ~09 ~ 122 170 115 120 139 132 985 h?5 46a 5h8 5T6 1082 1117 975 1027 1~8 728 1~2 370 893 796 "2266 28~2 798 365O 107 ommonwcattb ot/ lSassacbusctt ESS EX' SS. To either of the Constables of the Town of North Andover: GREETINGS: In the nzme of the Commonwealth of Massachusetts, you are hereby~ .directmd . , .' to notify an~ warn the inhabitants of the 'Tow~ of ~orth Annoyer wh6 .are.~qualified'' to vote in elections to.meet in the Senior Citizens Center in P~ecinct One, theSt. Michael's School in Precinct Two, the Atkinson School in Precinct Three, the Atkinson School in Prencint Four, the Franklin School in Precinct Five, the Franklin School in Precinct Six, all in saidl North Andover~ on , ' - .TUESDAY T~E 9th DAY OF JUNE 1987' AT" ..... 7:00 A.M., and. there ~o acs upon the following q{~e~tion. Shall the Town of North Andover be allowed to exempt from' the provisions of proposition two and one half~ so-c'alle~, the amounts required to pay for the bond issUed in' order to acquire property. for, .design, construct and originally equip and furnish anew elementary school? YES NO Said Copies to be posted not less than seven days before'the time of said meeting. Hereof fail not and make due return of this Warrant with your doings thereon at the time and place of said meeting to the Town Clerk. Given under our hands at North Andover, Massachusetts the. Sixth Day of Ma7 1987 : .. CHARLES A. SALISBURY RAMSEY A. BAHRAWY Selectmen of KENNETH C. CROUCH North Andover, Mass. JOHN W. GRAHAM CHRISTINE M, SMITH A True Copy ATTEST: DANIEL LONG, Town Clerk May 7, 1987 10B SPECIAL ELECTION JUNE 9, 1987 OFFICEr'S RETURN Pursuant to the foreg6ing warrant. I have warned and notified the {~abitants oft he Town of North Andoverwho are qualified to vote in Town Af~airs to be ~tthe time and place for the purpose mentton w~thinby ~ostimg the smne as dte~ected mt least fourtee~ d~ys before the date of s~td meeting (SP~L~ ~OW~ ~.ECTIO~) ~o~nNannlng Constable of North Audover YES NO BLANK P ~ E C I N ¢ T ,~ I 2 3 h 5 6 TOTAL 13~ 217 127 1~? 3~5 361 1331 ~0]~ 636 316 2~l~ 385 ~?7 ~72 A ATTEST: ~ ZONING AND GENERAL BY-LAWS ANNUAL TOWN MEETING MAY ~,5,6,7 and 11 1987 1987. I D~niel ~.ong Town Clerk of North Andover state that the Zoning By-Laws and Town By-Laws that ~Jere submitted to the Attorney General on June 5, 1987 and received by his office on June 9, 1987 and that the ninety (90) days h~s elapsed than I presume that the proof submitted was adequate and that all the Zoning and Town By-L~ws amendments have approved. Reason for this approval is that the Attorney General did not t%ke action within the ninety (90) days after submission 1.09 ZONING AND GENERAL BY-LAWS RECEIVED NOV. 30, 1987 WITH THE APPRmVAL OF THE ATTOI~NEY GENERAL EXCEPT FOR ONE (1) PARAGR;3H OF THE ZONING BY-LAWS · TOWN OF NORTH ANDOVER 1987 ANNUAL TOWN MEETING WARRANT In =he name of the Commonwealth of Massachuse==s, and in compliance with Chapter 39 of =he General Laws, and as recen=ly amended by Chap=er 8, Sec=ion 9A of =he Acrs of 1974 and our NotCh Andover Town Bylaws, Chapter 2, Section 2.4, and =he Town of NotCh Andover Char=er, Chap=er 2, Sec=ion 3, =he inhabitants of =he Town of North Andover of-our 9___~, L7-~ ......... ' .............. ], on ~onday,.May 401987 at 7.00 p.m., and ~hen and =here ac= upon=he following articles: ~ ANNUAL TOWN ELECTIONS, Article 1. ANNUAL TOWN ELECTIONS. The election of the Town Officers appearing on the hallo= have'already been acted upon at =he Annual Town Elec%ion on Karch 2, 1987. Petition of =he Selectmen Article 2. ELECTION OF OFFICERS NOT ON BA~)T. To elec='ali Town Officers no= required by law :c be elec=ed by ballo:. VOTED%/IAF~OUSTOADOPT Peri=ion of ~he Selectmen TOWN FINANCES Ar~i¢le 3. REPORT OF 'RECEIPTS'AND R~'DENDITp~Si ToSee if'=he Town,will vo:e %o accept :he repor%s of~receip=s and'~expendi=ures aS presented by =he Select, men (in =he 1986 ~'Annual Town'RePor=). ~V0T,.'.~UNANIMOUSTOADOPT Peri:ion of the'Selectmen" Article 4. COMPENSATION OF ELECTEDOFFICIALS.~ To' see. if =he Town will vo%e =o fix =he salary and compensation of %he elected,'officers =he Town, as provided by Sec=ion'108 of Chap%er 41.of~ =he'General Laws VOT~u.UNA/T/~0US. TO ADOPT RECOMMENDATION: That =he effec=lve'from:July 1~ '1987: Peri=ion of =he selectmen vote ~o fix ~e following salarie~ · Board of'Selectmen/Licensing'Commissi°ners' each per annu~ Chairman, Board of. $elec:men, per annum $2,000 300 Modera=or For,each regular. Town Meeting For each Special Town Mee~ing )I00 5O VOT~o UNAF/~0US TO ADOPT 112 Article 5. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1988. To see what action the Town will take as to the budget recommendations of the Advisory Board for the fiscal year beginning July 1, 1987 and ending June 30, 1988. Petition of the Selectmen RECOMMENDED BUDGET APPROPRIATIONS FOR FISCAL YEAR 1988 Depar~men~ General Government ~Y 86-87 FY 87-88 1. Selectmen Salaries & Wages $ '66.364 $ ~9,06g Expenses 12,109 18,015 2. Treasurer Salaries & Wages 63,446 103,963 Expenses 6,800 51,950 3. Tax ~llector S~lartes a w~es 45,080 48,171 £x~e~ses 66,950 31,850 Salaries i W~ges 60,173 64,371 Expenses 22,380 36,010 S. Accountant Salaries 6 Wages 6~,~04 73,~87 Expenses 7,~00 6,360 &. T~ Clerk Expenses ~,~50 a,300 7. ~ti~ I ~gtstr~ Salaries & wages 2.352 Z.473 Ex~nses ~0.~65 17,730 7A. ~nsus Expenses 9,200 lO,~O 8. T~ Annual Retatner ~0,000 20,000 9. ~ra~r Adv~sor~ Town Manager 8oara Recon~en~btton ~co~en~s ~Y 87-88 FY 87-88 $ 99,069 $ 99,069 19,390 19,390 103,892 103,892 51.950 51.950 m5,171 48,171 31,85~ 31,850 64,370 ~ 33,430 33,410 72,887 72,887 6,350 6,350 39,450 39,450 1,gso 1,95E 2,473 2,473 16,730 16.730 10,~0 10,400 10,000 10,000 200 200 10. ~visoryCamlttee Salaries & Wages Expenses ]~. Capful Budget Cmtttee £xpenses 12. Planntng Board Salaries & Wages Expenses 13. Bo~rdof Appeals Salaries & Wages Expenses $4. Personnel Board Salaries & Wages Expenses 15. Budget FY 86-87 Advisory De~ar:ment Town ~anager Board Requests Recomendati on Recon~ends FY 87-80 FY 87-88 FY 87-88 2,554 4,570 4,579 4,579 15,600 13,150 13,150 13,250 0 0 0 0 47,162 83.943 93,344 93,344 6,ogo g.g3g 7,340 7.340 5.491 1,060 7,167 7,167 7.167 1;250 1,450 1,450 14,330 22,701 22,700 22,700 11,159 22,580 10,580 10,$B0 Council un AGing 'Salaries & Wages ~.-32,'397 46,625 46,625 46,625 £xpenses 15,830 18,945' 16,745 16,745 28. ~cmser~ation Com~Jssfon Salaries & Wages Exp6nses 17. Nort~ Andover Historical Expenses 'i8. T~ ~11. ~nior ~n~r I ~rage Buildings S~la~1es,& Wages 'Expenses !~i. Camunlty ~ent~r Salaries'&Wages Expenses 35,115 3,800 40,758 5,550 40,758 40,758! 600 BO0 600 600 25,044 15,586 16,507 16,507 38,038 41,000 42,000 42,000 2;158 1,591 29. aaaunlTo~ Meeting Salaries B Wages TOTAL: Gf)liRAL ~OVL'IUgrdll $'[AFT ~)IClE~ 12 t700 2,160 2,160 2,160 640 640 ' 640 13t200 13,200 13t200 $956,674 S753,324 S953,207' ~ $9~6,TOT 9~ Budget, FY 88-87 ReQuests FY 87°86 To~n ganaser Re:o~endation FY 87-88 Advisory Board FY 87-88 - Public Safety .20. Police Depertae~t salaries & Wages $1.175,351 Expenses 93,848 20A. S~heel Crosste8 Guards Salaries & Wages 38,470 Expenses 1,950 21. Fire Departaent Salaries & Wages 1,537,774 Expenses 105,722 0o~ Officer Salaries & Weges 11,918 Expenses 6,000 23. Ctvil Defense Salaries 6 Wages 3.055 Exoenses 4.975 24. 8ufldtns, Electr$c I ~s Salartes& Wages 86,230 £~penses 21.625 ~4. Sealer of~lghts & Measurers Salaries & ~ges '~$73 TOTAL RIBL%¢ SAFETT $3.081,497 $1.261.521 108.800 33,136 3,608 1.717.755 115,600 18,300 11.200 3,20~ 125,003 '12,175 2i892 $3.417,62~ $1,Z53,769 104,900 33,138 3,608 1.700.841 105.200 ~0 $9,200 3,205 4.825 100,828 9.925 .~2~08 282 $3.348,627 104,900 33,136 3,608 1.700.841 105,200 $9,200 4.825 100,828 9,925 $2,b,08 Public Health & Sanitation B~ard of Iiealt~ Salaries& Wages $ 54.218 Expenses 5.450 Breaker La=re, ce Sanitary OSstr~ct Per Sham Operation ~tml Inspecter Salaries & ~ges L~. r-'tt~ge Dfspos~I ~o. tr~ct TOT~ IqlBLIC ~11t & SANITRTIOll 34~,327 0 $407,898 $68,501 12,050 378',903 1.200 0 $460.654 10. 7.900 377.676 800 0 $448,676 $62,200 377,676 900 $448,676 l".5 Public Works & Highway Budget FY 86-87 Department Requests Town Kanager Reoo~endatton ~Y 87-88 Advisory Rec~ends BT-SS 30. Board of PubTic Norks Salaries & Wages 31. Semr ~lntennnce ~ ~o~stru~tton Salaries & Wages Expenses 32. ~ter~lntenance & Co~st~uctiofl Salaries & Wages Expenses 33. Parks & S¢ho~1 Gmu~ds Salaries & Wages Expenses 34. Tree Salaries & Wages Expenses 3~. ~tch Salaries ~ Wages Expenses ~. Insect Pest ~tml SeVen, es & ~eges Expenses 37. St~t LighUng Salaries & Wages Ex.rises Expenses ~lar~es & gages Ex. rises TOTAL PUBLIC IdOR~ S 1,800 75,460 50,930 272.112 330,150 73,850 16,27E 87.220 ]9.238 1].122 2,93~ 37,040 6.346 130.000 35].326 I15,000 120,000 187.762 276r720 $2,167~172 S 1,800 128,005 50,930 293.505 374,150 94,405 16,275 93,166 19,138 11,113 2,936 43,372 9,095 130.000 374,17] 115,000 120,000 222,450 . 599,500 S2,698,015 $ 1,800 $129,00~ 50.930 293,505 382,450 77,453 16.275 93.166 19,13B 11,113 2.93B 43.37! 9.09~ 120,000 377,555 129.500 120.000 222,450 ., 55t,000 S2,6 ,T T $ 1,800 $129,00~ 50.930 293,595 382,450 77,453 16,275 93,166 19,13B 11,113 2,93B 43,37! 9,096 120.000 377,555 129.500 120.000 222,460 656,000 11. 116 Welfare Budget FY 86.87 Advisory Deaar:.,ent Town ~ager 6oard Reques:s Recommendation Recommends ;¥ ~7-88 FY 87-88 ~Y 87-88 41. Yeterefls' Beneftts Expenses Graves Regfstratto~ Salaries 6 Wages TOTAL I~LFARE $15,500 $16,500 $16,500 $16,500 1.430 I~750 ~ ~ $16,930 $18.250 $18,250 $18,250 Schools TOTAL SCHOOLS $ 8'159,35-~ $9,030.175 $9,030,175 $9,030,175 · 2~472t384 2.643.172 2,643.172 2~643.172 $10,631,743 $11,673.347 $11,673,347 $11,673,347 65,725 90.293 90,293 90,293 $30.697.466 $11.763.64C' $11,763,64~' S11,763,64C Ubrary St~ens ResmMal L~br~r~ Salaries & Wages Expenses C. 78 Funds TOTAL. LZB~Y Recreation Beaches Ex~nses $190,389 79,660 $259,984 S78,695 16,275 12. $207,641 85,610 (22~6o2) S270,649 $91.020 16,275 $207,641 82,910 [22t602) S267,949 S91.020 16,275 $207,641 82,~10 S267,949 S91.01 17,2 1.17 Budget FY 86-87 Deoar:men: Town ~mnager Reeuests Re¢o~enea:lon FY 87-86 FY 07-88 - B~erd Reco~enas FY 87-88 47. Recreation Council Salaries & Wages 24,634 23,856 23,856 23,856 Expenses 11,000 11,000 10.800 10,800 TOTAL RECREATIOII 130,804 142,151 141,951 141,95~ Employee Benefits 48. Eroup Insurance 500,000 720.000 720,000 720,000 49. Essex County Rettr~ent 672,000 783,000 783,000 783,000 10TAL EI~LOYE[ BDIEFITS 1,172.000 1,503,000 1.503,000 1,503,000 Unclassified ~. Rental of Veterans Qaareers 1,20C 1,200 ~,200 1,200 Sl. Patriotic & Civil Celebrations 800 800 BO0 BO0 52. FOUetJ~of~luly 8,000 8,000 8,000 8.000 53. lasuraoce, renerol 305,000 -~ 430.000 430,000 430,000 54. Indust~al Commtssto~ 100 100 100 100 55. Special I~gal Services 50,000 65,000 60.000 60.000 TOTAL UNCLASSIFII~ 365,100 505.100 500,100 500.100 Debt Redemption S&. RI scell a~eous 129,~9f, 135,000 135,000 135,000 57. School BOndS 496,500 450,000 450,000 450,000 58. tM~er Nte Rotes & Bonds 218.000 178,000 175,000 175,000 59. 5e~er Rotes I Bo~s 145.000 -0- -0- -0- 13. Advisory Oeaartmen: Towr Manager 5oard Budget Requests Re¢o~t~endation Recommends FY 86-87 FY 87-88 FY 87-88 .~ 87-88 60. Foltce 30,000 15,000 15.000 15,000 TOTAL DEBT REOE~TIOII 1,015.956 775,000 775,000 775,000 Interest on Debts 61. Poltce 9,750 7,170 7,170 7,170 62. Scheel Bonds 107,147 80,907 80,907 80,907 63. Ilater /~t~ Notes & Bonds 96,383 321,240 321,240 321,240 64. Se~er I~ie Notes & ~nds [2,980 21.725 21.725 2~.726 65. ~ ~ss~ Ex.nsc 60,00C 15,000 15,000 ~. S~ Te~ ~r~n9 ~05,000 60,000 60,000 60,000 67. F~m E~g~e ~5 25,000 9,300 ~,300 ~. ~d Atqufsftlon I~5 6~,087 47,770 47.770 47,770 TOT~ IN.REST ~ DEBTS 46G,347 563,112 56~.112 563,112 14. [19 Summary General Government Public Safety Public Health & Sanitation Public Works Welfare Schools Library Recreation Employee Benefits Unclassifie~ Debt Redemption Interest on Debts Town Manager Recommends $956,707 3,348,627 448,676 2,653,747 18,250 13,763,640 267,949 ]41,95] 1,503,000 500,100 775,000 563,]]2 Advisory Board Recommends $956,707 448,676 18,250 ]],763,640 267,949 ]41,951 1.503,000' ... 500,~100 775,000 563,]12 TOTAL: VOTED TO ADOPT ~-iTH ~', CORRECYIONS $22,937,259 120 · Article 6. TRKA~URERAUT~OR]ZATIONS. To see if the Town%ill vote =o authorize the Treasurer, w£=h the approval of ~he Selectmen, =o borrow in anticipation of ~he revenue for the next fiscal year, pursuan~ =o sections 4 and 17 of Chap=er 44 of ~he General Laws~ and to see if =he Town will vote ~o authorize =he Treasurer, with the approval of =he Selectmen, =o eh%er into wri~=en agreements ~o obtain banking services from banking institutions in re=urn for maintaining on deposit =he Town, in said institutions specified ~moun~s of the funds of pursuan~ =o section 53F of said Chapter 44. V0~EDUNAF//40USTOADOPT Petition of ~he Selectmen Article 7. FISCAL YEAR 1987 BUDGET TRANSFERS.. To see what s.ums the Town will vo=e =o transfer into vsrioua line i=ems of the Year 1987 opera=fn~ budge= from other line i~ems of sa~d budge= and from other available funds. Special Needs Medicare Accounting Expenses Art. 62, 1985 ATM. B.P.W. Salaries $60,000 18,000 30,000 7,359 40,000 Pe~i~ion of =he Selectmen RECOMMENDATION: To be made a= Town Meeting. VOTED TO RAISE AND APPROPRIATE Th~ SUM OF $1~8,000 ~n~ ~o ~/%~FER PROM ARTICLE 6~, of the 198~ A.~M. Th~ SUM 0~ $7,3~9 ~0R ~'~S ~TI~LE 16. c$I Corporate Strategies Inc. REGISTERED INVESTMENT ADVISOR September 22, 1987 Mr. Kenneth Anthony Town Accountant Town of North Andover 120 Main Street North Andover, MA 01845 · Dear Ken: · Just a note to confirm that Article 7 at the 1987 Annual Town Meeting was a raise and appropriate article. This has been confirmed with members of the Advisory Board at that time. Should you have any questions, please feel free to call me. Very truly yours, Michael J. Leafy MJL/dh Financial Planning and Consulting Division of Money Maximization, LTD. Corporate Strategies, inc. * P.O. BOX 1506 * Haverhill * MA * 01831-2006 * (617) 372-g660 ARTICLES OF THE BALANCED GROW'J'H POLICY S'I'EERING CO."~I?TEE t~'~ Article 8. ~V~ENDMENT TO THE DIMENSIONAL REQUIREMENTS OF THE R-1 ZONE. To see if the Town will vote to amend the Zoning Bylaw as follows: In Table 2 (Summary of Dimensional Requirements) under the column entitled R-l, substitute the number 87,120 for the number 65,340 as it pertains to "Lot Area Minimum SF". V0TED~0ADOPT'&'~ARTICLE. Petition of the Selectmen's Steering Committee for a Balanced Growth Policy Plan YEs 727 T0 ~3 EXPLANATION: The size in the R-1 YEs 629 No 222 EXPLkKATION: he :o two (2) acre 'sheo an Article purpose of this article is to amend the minimum lot district from 1.5 acres to 2.0 acres. A~ticle 9. REZONIN~ OF CERTAIN R-2 AREAS TO R-1. To see if the Town will vote %0 amend the existing Zoning Map such that ail properties within the area designated as :he Lake Cochichewick watershed that are currently zoned R 2, and those areas presently zoned Residenzlal 2 (R 2) south of the current Lake Cochichewick boundary and e~s: of the E~s%ern Massachusetts Electric Company right of way up %o the TO~T. boundary with Middleton would be rezoned as ~esiden~ial 1 (R 1), a~ sho-~n on the map entitled Pzoposed Zoning Map, North Andove~o 3anuar~ ~g 1987. Petition of the Seleo%men's $:e~rinq Committee for a Growth Policy Plan The puzp:se of this article is to rezone from one (1) acre minimum, lot size areas in the Lake Cochichewick Watershed and in %he southeast sector, as described above. 10. PLANNED RESIDENTIAL Dk~VELOPF~ENT. To see if the Town Meeting will vote to amend the Zoning Bylaw as follows: Add a new section, Section 8.5 Planned Residential Development (PRD). Section ~.5 Planned Residen~is! Developmen~ (PRD) purDos_e_~: a. To promote the more efficient use of nanural features; land in harmony wi~h its to en¢ouraqe the preservation of open space; to protect wa%erbodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources; to permit greater flexibility and more attractive, efficient, and economical design of residential developments; e. to facilitate economical and efficient provision of utilities; f. to meet the Town's housing needs by promoting a diversity of housing types. Applicability: An application for a Planned Residential Special Permit (PRD) shall be allowed for parcels of land in the Residential 1 and 2 districts in accordance with the standards set forth in this section. An application for a Planned Residential Development Special Permit shall be deemed to satisfy the requirements for site plan review. Permit Authority: The Planning Board shall be designated as the Special Permit Granting Authority, and shall grant special permit.~ for PRD's consistent with the procedures and conditions set forth in Section 10.3 and 10.31 Special Permits of this bylaw. Procedure for Approval: a. Application: Any person who desires a special permit for a single family or multi-family PRD shall submit an application in writing in such form as the Planning Board may require which shall include the following: b. A Development Statement which shall consist of a petition; ~ lis% of the parties of interest with respect to the PRD parcel and any parcel proposed to be used pursuant to subsection 5It below. A list of the development team and a written statement meeting the requirements of a site evaluation statement under the Subdivision Rules and Regulations of the Planning Board; and setting forth the development concept including in tabular form the number of units, type, size (number of bedrooms, floor area), ground coverage. Further, s summary showing the area of residential development and usable open space as. percentages of the total area of the PRD tract, and ~ developmen= schedule for all site improvements. c. Copies of the proposed instruments to be recorded with the plans including the Usable Open Space perpetual restriction, the deed and membership corporation, non-profit organization or trust. Development plans bearing the seal of a Massachusetts Registered ArchitecK, Registered Civil Engineer or similar professional as appropriate and consisting of: 1. site plans and specifications showing all site improvements and meeting, to the extent applicable, the requirements set forth for a Definitive Plan in the Subdivision Rules and Regulations of the Planning Board; 2. site perspectives and bpilding footprint plans; 3. detailed plans for the disposal of sanitary sewage and surface drainage, and; 18. 123 detailed plans for landscaping, to include the location, type and size of all vegetation and related materials to be placed on the site; ~nd any such additional may require· information as the Planning Board The Planning Board shall within ten days of receipt of an application under Section 8.5 refer the application to the Conservation Commission, Public Works Department, Board of Health, Building Inspector, Police Department, and Fire Department for written reports and recommendations. No decisions shall be made until such reports are returned or thirty-five (35) days have elapsed following such referral without receipt of such reports. f. The Planning Board may issue a special permit under this section only if the Planning Board finds that the PRD is in harmony with the general purpose and intent of :his section and that the PRD contains a mix of residential development and open space in a variety to be sufficiently advantageous :o the Town to render it appropriate to depart from the requirements of this bylaw otherwise applicable to the R1 or R2 District in which the PRD parcel is located. If a special permit is granted, the Planning Board may impose a condition thereof that the installation of municipal services and construction of roadways within the PRD shall comply with the requirements of the Subdivision Rules and Regulations of %he Planning Board· Fur%her, the Planning Board may require sufficient security to ensure compliance with the Subdivision Rules and Regulations, planned recreation facilities and site amenities; and may impose additional safeguards pertaining to public safe:y, welfare and convenience. g. The Planning Board shall follow all the rules and regulations set forth in this bylaw for the granting of a special permit. However, the applicant is encouraged to submit a preliminary plan and schedule a pre-application conference to discuss the proposed PRD; individual lot sizes shall not be less than one-half acre in both the Residence i and Residence 2 Districts. Development Standards: a. Allowable Parcel Size: For each application for a special permit the applican: must have a parcel, in single or consolidated ownership at the time of application, which is at least ten acres in =he Residence ~ District; ~tle~st five ac=es in ~3siaence. Z~st~fct. . ' al Allowable Uses. The zollow~ng pr~nczp uses are allowed in a Planned Residential Development: single family 'detached houses and residential structures with up to fiv~ dwelling units per structure, utilizing common wall construction; church or other religious purposes; agriculture on parcels greater than five (5) acres; public parks; conservation areai and preserved open space; and membership clubs for the , exclusive use of the residents of the development. 19. , C. Dimensional Residential - Lot Size: Regulations Development. Single Family Detached Planned Individual lot sizes shall not be less than one half-acre in both the Residence i and Residence 2 Districts. - Lot Frontage: · - Side Yard Setback: - Rear Yard Setback: - Front Yard Setback: - Height Limitation: 125' in the Residence 1 District 100' in the Residence 2 District 30' in the Residence 1 District 20' in the Residence 2 District 30' in the Residence 1 District 30' in ther Residence 2 District 30' in the Residence i District 30' in the Residence 2 District 30' and 2.5 stories Dimensional Development. Regulations: Multi-Family Planned Residential Lot Size Lot Frontage Setbacks: not required not required Each multi-family structure shall at least 50' from any adjacent!' multi-family structure. Further,' each multi-family struc:ure shall have a front yard setback of at leas: thirty (30) feet; and in no instance shall s:ructures, in a multi-family PRD be wi=bin 50 feetj of the parcel boundary. - Height Limitation: 35' and 2.5 stories. 'l Parking Requirements: For all Planned Residential' Developmen=s off-street parking shall be required at a of two parking spaces per dwelling unit. Usable Open Space: Usable Open Space shall be defined as the par= or parts of land within the PRD which are reserved, for permanent open space. This space shall exclude par. areas, bu~ include required setbacks and ~alkways. Th.e usable open space shall be open and unobatructe~ to ~he sky,. however, tree.s, . plantings, arb?rs, flagpoles, sculpt.urea, foun. tains, swimming, pools, a:rxums, outdoor recreatlonal~ f?c~liti.es and similar objects shall not be constderedl oDstruct:~ons. For single family PRD's, %he minimum usabl~! open space requirements shall be 35% of the total parce.:.l. area; and no more than 25% of the total amount of usable open space shall be wetland. 20. For multi-family PRD's, the minimum usable open space requirements shall be 50% of the total parcel area; and no more than 25% of the total required usable open space shall be wetland. For all PRD's, :he Usable Open Space shall be owned in common by and readily accessible to the owners of all the unite in the PRD,-or by a non-profit organization or trust whose members are all the owners and occupants of the units, or by private organizations such as the Trustees of Reservations or Essex County Greenbelt Association whose primary function is the preservation of open space, or by the Town, or otherwise as the Planning Board may direct. Further, a perpetual res:fiction of the type described in MGL Chap:er 184, Section 31, (including future amendments thereto and corresponding provisions to future laws) running to or enforceable by ~he Town shall be recorded in respect'to such land. Such restriction shall provide that ~he Usable Open Space shall be retained in perpetuity for one or mole of :he following uses: conservation, agriculture, or recreation. Such restriction shall be in such form and substance as :he Planning Board shall prescribe and may contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may deem appropriate. ge Calculation of Allowable Residential Density For single family detached PRD's, ~he allowable number of buildable lo:s shall not exceed the maximum number of buildable lots that can be attained under the Town's subdivision regulations, given the underlying zoning district. For multi-family PRD's the allowable number of dwelling units shall not exceed the maximum number of buildable lots that can be attained under the Town's subdivision regulations, given the underlying zoning district. Density Bonuse.s Affordable ~ousing Bonus: For all PRD's the total ~umber of allowable lots and/or dwelling units may be increased up 20% if the developer designates at least 10% of the total number of uni=s for use in conjunction with one or more or federal housing assistance programs. However, in the instance where the use of federal or state programs are not available to the Housing Authority, ~he Planning Board, consultation with the ~ousing Authority, may propose al:ernative methods of attaining =he Affordable Housing Bonus. The developer shall certify, in writing to the Planning Board that the appropriate number of dwelling units have been set aside and conveyed to ~he North Andover Housing Authority (or other actions as required), before =he Planning Board shall grant any special permit with density bonus provisions. Further, ~he developer shall be responsible to 21. work with the North Andover Housing Authority to initiate and conclude occupancy of said units wi%bin one year of =heir completion. Failure to do so shall be deemed a viola%ion of the special permit criteria. The granting of %his bonus density shall not exempt the proposed development from any other criteria required by Ibis section. Open Space Bonus For multi-family PRD's, =he %oral number of allowable dwelling units may be increased up %o 10% if =he proposed PRD provides six=y-five percent (65%) usable open space consistent with the definition of usable open space as provided in %his section. The granting of =his bonus density shall no: exempt %he proposed development from any other cfi:aria required by this section. Maximum Density Proposed PRD's may utilize both bonus provisions, i.e. affordable housing and open space; however, %he granting of bonus densities shall not exempt the proposed development from any o:her criteria required by this section. VOTED TO ADOPT WIT~ ~TEDI~T TO Petition of %he Selectmen's SECTION ~. DEVELOPME~T STANDARDS PARARGRAPH 9. VOTED YES 766 Steering Committee for a Balanced VOTED ~0 60 Growth Policy Plan EXPLANATION: The purpose of this article is =o create a special permit pro:ess in the R-1 and R-2 zones %hat would allow cluster development with a 35% :o 50% minimum Open Space preservation and overall density consistent with ~raditional subdivision standards. Article 11. ESTABLISHMENT OF VIT.~%GE RESIDENTIAL DISTRICT. To see if =he Town will vote =o amend %he Zoning Bylaw as follows: ,PART A Amend Section 3.1 Establishment of Districts by inserting the term Vitlage Residential Dis%tic% (VR) after the phrase Residence 4 District (R-4) and before =he phrase Residence 5 Dis=tic= (R-5). Inserting a new Sec%ion 4.123 Village Residential Dis=tic% and renumbering the subsequent sec=ion as necessary and progide following description of uses allowed: (1) Single family residential structures. (2) Two family residential structures. (3) Multi-family residential structures, no= exoeeding 5 dwelling units per s=ructure. 22. (4) (5) (6) (7) Place of worship. Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be %he owner of the home occupation and residing in said dwelling. b. The use is carried on strictly within the principal building. There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings; Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not exceed one thousand (1,000) square feet, is devo%ed to such use. In connection with such use, there is to be kept no stock in trade, commodities, or products which occupy space beyond these limits. There will be no display of goods or wares visible from the street. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to ~he exterior appearance, emissions of odor, gas, smoke, dust, noise, disturbances, or in any way become objectionable or de:rimen:al to any residential use within the neighborhood. g. Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the ten=al, lease, or sale of the premises upon which they are placed. a. Farming of field crops and row crops, truok gardens, orchards, plan= nurseries, and greenhouses. b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assor:ment of animals or birds in addition to the household pe=s of a family living on such lo~, and for each additional acre of lot size 23. (9) (10) (11) (12) (13) (15) (15) (17) (19) to nine (9) acres, the keeping of one additional 'animal or birds; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c. On any lot of at least ten (10) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot'lines and be located no nearer that! street than the building line of the dwelling, except by Special Permit. Museums. Educational facilities. Municipal building and public service corporation use (Special Permit required). Golf course. Swimming and/or tennis clubs shall be permitted with a Special Permit. Cemetery. One or two-family dwelling, including the right to convert an existing dwelling to accommodate not more than five f~mily units by Special Permit 'from ~he Zoning Board of Appeals after a public hearing with due notice given, provided: a. No major exterior structural changes shall be made. The right to convert shall apply ~o any dwelling under the ownership of one single person, partnership, or corporation to be converted for use as dwellings of not more than five family units, and meeting all requirements of the State and Town Statutes and Bylaws, including ~ealth Codes, Safety Codes, Building Codes, Zoning Laws, and Zoning Bylaws· b. Stairways leading to the second or any higher floor shall I be enclosed· Municipal recreational areas. Guest or rooming houses Nursing and convalescent24, homes--see dimensional requirementsi -t [29 of Table 2 (Special Permit Required). Any accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. (21) Day Care Center by Special Permit (1985/23) Amend Table 1 Summary of Use Regulations by adding a new column en:itled Vill. Res. after the column entitled Res. 4; and maintain ail the allowance, non-allowance and special permit designations similar to those found under the column entitled Res. 4 eKcept for the following: Multi-Family Dwellings and Apartments--inset= the term yes** and add to the footnotes of Table i the following after the symbol *: ** Only with the provision of publicly owned and maintained sewers or Town approved and accepted private sewers, (see footnote 12 of Table 2 Dimensional Regulations) and with no more than five dwelling units per stucture. Amend Table 2, Summary of Dimensional Regulations, by inserting a new column entitled Vill. Res. (14) after the column entitled Res. 4 and include the following criteria under the rill. Res. coluKm= Lot area minimum S.F.: 11,000 Height maximum: . 35' Street frontage minimum 85' (13) Minimum fron: setback: 25' Minimum side setback: 15' Minimum rear setback: 30' Floor area ratio maximum: N/A Lot coverage maximum: N/A Dwelling unit density Maximum per acre: 4 per acre (12) Further amend Table 2 by adding footnote 12, 13 and 14. (12): Only if all lots or structures are serviced with public sewer and/or a private sewer system approved and accepted by the Town. For the purposes of this section, the term private sewer system shall mean a sewer system built by a developer ~o Town specifications and locations, and dedicated to the Town. In no instance shall the term private sewer system be construed %o limit accessibility to the sewer system beyond regulations consistent with the public sewer system. If multi-family structures are selected to attain the maximum density allowed, the proposed project shall be subject to the minimum open space requirements found in Section 8.5 (Planned Residential Development), and to :he site plan review requirements of Section 8.3. In the instance where no public sewer service is provided and there is no private sewer system acceptable to the town, the allowed density in the Village Residential zone shall be one dwelling unit per acre and said dwelling and associated lot shall conform to all %he regulations consistent with development in the R-2 zone. Further, under no circumstances shall multi-family development be allowed in the Village Residential Zone, regardless of density, without th? provision of public sewer or a town approved and accepted pr~gate sewer system. (13) In instances where a lot fronts on Route 114, for purposes of public safety, the required lot frontage shall be 250 feet. (14) The dimensional criteria described in the table below applies only to detached single family development. Multi- family structures developed in this district shall be subject to all criteria applicable to multi-family developments as stated in Section 8.5. However, in no instance shall the bonus density subsections of Section 8.5 apply in the Village Residential District. EXPLANATION: The purpose of Part A is to create a Village Residential District with a base density of one (1) unit per acre without sewer service, and up to 4 units per acre with sewer service consistent with Town standards and provided by the developer. .PART B ~end the North ~ndover Zoning Map such tha~ certain areas zoned Residential 2, General Business, Business 4, and Indus=rial 1, along the southern pot:ion of Route 1!4 be rezoned to Village Residential as shown on the map entitled "Proposed Zoning Map - North Andover, January 26, 1987". EXPLANATION: The purpose of Part B is to apply the proposed district the North Andover Zoning Map as described above. .PART C Amend Section 8.3 of the North Andover Zoning Bylaw by inserting the following sentence after %he concluding sentence of the second paragraph of Section 8.3 eubpart 1: "Further, all multi-family development in the Village Residential District shall be subject to site plan review." EXPLANATION: The purpose of PART C is to require all projects in the Village Residential dis:ric~ be subject to full site plan review process. VOTED TO. ADOPT TH~ ARTICLE ~!TH EXOUSION 0F '£~ LA~D.0~D BY T~Epetition of the Selec~men's S=eering BEP~NICEiFI~/ Committee For a Balanced VOTED YES ~3~ GrowLh Policy Plan VOTED NO 196 26. ~EETING ADJOURNED AT 10:30 P.M. REC0NVE~E AT ?:00 P.M. MAY ~,1987 ~.~EETIN~ 0PE~ED AT ?:~3 P.~L MAY ~, 1987 Article 12. ESTABLIS~ENT OF VILLAGE COM)LERCIAL DISTRICT. To see 'if the Town will vote to amend the Zoning Bylaw as follows: Amend Section 3.1 Establishment of Districts by insertin~ the term Village Commercial District (VC) after the phrase Business.4 District and before the phrase General Business District (G-B). Inserting a new Section 4.128 Village Commercial District and renumbering the subsequent sections as necessary; and provide the following description of the uses allowed: Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not involving automotive sales or manufacturing; also retail bakeries or retail confectioneries. Banks, offices, and municipal, civic or public service buildings, such as post office, telephone exchange, town offices, school, library, museum, place of worship, local passenger station. Hall, club, thee%re, or other place of amusement or assembly. Restaurant, dining room or lunch room. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. 6.a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. On any lot of at least five (5) acres, ~he keeping of a.total of not more than five (5) of any kind or assortment of animals or birds in addition to the household pet of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one addi:ional animal or bird; but not the keeping of animals, birds or pets of persons not resident on such c) On any lot of at least ten (10) acres, the keeping of any animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries. d) The sale of products of agriculture, horticulture, floraculture, vivicul:ure or silvaoulture as well as accessoy or customary items by and person who is primarily engaged in any of %he above activities. The operation must be at least 10 contiguous acres used primarily for any of these activities. 7. Day Care Center by Special Permit (1985/23) 2?. 1.?,2 '3. Amend Table 1 Summary of Use Regulations by adding a new column entitled Village Commercial (rill. Comm.) after the column entitled Bus.4; and maintain all the allowance, non-allowance and special permit designations similar to those found under the column entitled Gen. Bus. except for the following: Auto Service Station -- insert the word NO Auto and Vehicle Repair, Body Shop -- insert the word NO Bus Garage -- insert the word NO Storage or Contractors Yard -- insert the word NO New Car Sales -- insert the word NO Rooming House -- insert the word NO Amend Table 2 Summary or Dimensional Regulations by inserting a new column entitled Vill. Comm. after the column entitled Bus. 4; and include the following criteria under the Vill. Comm. column: Lot area (minimum square feet): 200,000 Height maximum (ft.): 35 Street frontage (minimum in ft.): 250 Fzont setback (mimimun in ft.): 15 Side setback (mimimum in ft.): 25 Rear setback (minimum in ft.): 50 Floor area ratio (maximum): 0.25:1 Lot coverage (maximum.): 20% Dwelling Unit Density (maximum/Acre): N/A Open Space (mimimum) 25% (14) (13) Further, add new footnotes to Table 2, ie., footnotes 13 and 14 as follows: (13) In accordance with the procedures and regulations set forth in Sections 10.3 and 10.31 of this Bylaw, an application for a special permit may be submitted to increase the allowed Floor Area Ratio (maximum) from 0.25:1 to 0.305! provided that at leas: 5,000 sq. ft. (excluding basements) of the resulting gross floor area be deeded =o the Town for public use purposes; that at least 2,500 sq. ft. of said area be located at street level, and that ~he entire square footage, exclusive of basements, deeded to :he Town be supported with parking spaces at the rate of one space per 250 square feet. (14) Open space shall be consistent with the definition of usable open space as contained in Section 8.5, subsection 5f. Usable Open Space No loading areas shall be allowed on the usable open space. All required front, rear, and side year requirements may be calculated as part of the usable open space, but in no instance shall any area designated for open space be less than 15 feet in width. Further, no more than 25% of =he total area required for open space shall be a wetland area, and no permanent or standing waterbodies shall be calculated as part of =he required open space. Petition of =he Selectmen's Steering Committee for a Balanced G~ow~h 28. ,/ Policy Plan EXPk~NATION: The purpose of Par~ A is to create a Village Commercial District with standards that will produce a traditional New England town center rather than a strip, commercial complex. PART B Amend the North Andover Zoning Map such that certain areas ~hich abut or are in the proximity of Brock Street, and which are presently zoned Residential 2, General business, and Industrial 1, be rezoned to Village Commercial as shown on the map entitled "Proposed Zoning Map - North Andover, January 26, 1987" EXPLANATION: The purpose of Part B is to apply the Village Commercial district to the North Andgver Zoning Map as described above. pART C Amend the North Andover Zoning Bylaw by adding a new Section 8.4 as follows: 8.4 Screening and Landscaping Requirements for Off-Street Parking in Commercial and Industrial Districts. For all commercial and industrial districts the following miminum screening and landscaping requirements shall apply for all off-street lots with more than 6 parking spaces, or in any ins%ante when a commercial or indus%rial off-street parking area of any size abuts a residential district. For 4. A s=rip of land at leas: six (6) feet wide (may be part of required yard setbacks) with trees or shrubs densely plam=ed, %o create at least an impervious screen, at leas~ four (4) feet high at the time of planting and which are of a type %hat may be commonly expec%ed to form a year round impervious screen at least five (5) feet high within three years. If a natural screen as described in item 1 above cannot be attained, a wall or fence of uniform appearance at least five (5) feet high above finished grade will be allowed. Such a wall and/or fence may be perforated, provided that not more than 25% of the face is open. All required screening, as described in items 1. and 2. above, shall be maintained in good condition at all times. Such screening may be interrupted by entrances or exits, and shall have no signs attached thereto other than those permitted in the district. all off-street parking areas of 20 or more spaces the following criteria shall also apply. On at least three sides of the perimeter of an outdoor parking lot, there shall be planted at least one tree for every thirty (30) linear feet. In the interior par: of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other, a landscaped open space not less than 6 feet in width shall be provided. The landscaped strip may be provided either; 1) between the rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and extending from the aisle serving one row of spaces to the aisle serving the other row of spaces, as illustra%ed below. Trees required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in parking lot. To the extent practicable, existing trees shall be retained and used satisfy this section. The following graphics are intended as illustrations and examples only and have not been incorporated into the requirements of this Bylaw. 5. All artificial lighting used ~o illuminate any commercial or industrial parking lot, loading bay or driveway shall have' underground wiring and shall be so arranged that all direct~ rays from such lighting falls entirely within ~he parking, loading or driveway area, and shall be shielded or recessed so as not to shine upon abutting properties or s=reets. EXPLA~ATION: The purpose of Par~ C is to provide additional screening, and landscaping to insure proper buffering between oommercial residential areas. PART D Amend Section 8.1 Off-Street Parking by adding the following clause to 30. said section: 12. All parking in the Village Commercial District shall occur to the rear of the structures, but not within the required rear yard setback. No off-street parking shall be allowed in the minimum required front yard or any additional front yard provided by the developer. Parking in the front yard in the Village Commercial District is prohibited. Also, no parking shall be allowed in the required side yards. EXPLARATION: The purpose of Part D Village Commercial District in the rear parking on required setbacks. is to require parking in the of structures and prohibit VOTED TO ADOPT TEE ARTICLE VOTED YES 5OO VOTED NO 160 Petition of the Selectmen's Steering Committee for a Balanced Growth Policy Plan Article ]3. AMENDMENT TO SECTION 8.1 TO see if vote to amend the Zoning Bylaw as fo!lows: the Town will In section 8.1 under the term Minimum Spaces Required, insert the phrase "one or two-family resident6' shall have two spaces per dwelling unit" in place of the existing phrase "which requires one space per dwelling unit". V0TzoTO TAKEN0 ACTION ON Petition of the Selectmen,s S~eering T~SARTICLE. Committee for a Balanced Growth Policy Plan EXPLANATION: The purpose of this article is to require that all single ~amily dwellings provide two (2) off street parking spaces per unit. Article 14. HELISTOP. To see if the Town will vote to amend ~he North Andover Zoning Bylaw by deleting all reference to the Permitte¢ Use "Nelistop" in Table 1, Summary of Use Regulations. VOTEDUNANI~0US TOADOPT THIS ARTICLE. Petition of the SelecUnen,s Steering: Committee for a Balanced Gr6w~h Policy Plan EXPLANATION: The purpose, of this article is :o development of private helxports within the Town, heliport use at the Lawrence Municipal Airport. prohibit =he not including ARTICLE 15. HISTORIC DISTRICT BYLAW. To see if the Town will! adopt ~he following bylaw establishing an Historic District and an' Historic District Commission, under the provisions of Chapter 40C of %he General Laws of the Commonwealth of Massachusetts, as amended: NORTH ANDOVER OLD CENTER HISTORIC DISTRICT BYLAW Section 1. Title: This Bylaw shall be known and may be'cited as the North ;tnd6ve~Old Center Historic District Bylaw and is adopted pursuant to Chapter 40C of the General Laws of the Commonwealth of Massachusetts, as amended. Section__2. Purpose: The purpose of this Bylaw is to promote the educational, cultural, economic, and general welfare of the public through ~he preservation and protection of distinctive historical and architectural characteristics of buildings and places in the Old Center area of the Town of North Andover through the maintenance and improvement of such buildings and places and the encouragement of appropriate and compatible design in this area. Section 3. ~istoric District: There is hereby established under the provisions of Chap=er 40C of the General Laws an historic district to be known as the Old Center Historic District, which District shall be bounded as shown on the Kap, entitled "North Andover Old Center Historic District, 1987", attached and made part of this Bylaw. Section 4. Historic District Commission: There is hereby established u~der ~hapter 40C-of ~he General Laws an Historic District Commission conb:s%~ng of seven members and two alternate meK~ers, al! residents of %he To~ of North Andover, appointed by the Board of Selectmen; including one me.,Lber, where possible, from two nominees submitued by Lhe North Andover Historical Commission; one member, where possible, from two nominees submitted by the North A~Jdover Historical Society, one me~er, where possible, from two nominees submit=ed by the Grea=er Lawrence Board of Realtors; one member, where possible, from two nominees, submitted by ~he Massachusetts Sts=e Chapter of ~he American Institute of Architects, and one member who is both a residen: of and o~er of property in the Old Center Historic District. The Board of Selectmen shall submit writ%eh requests for nominations to the organizations named herein. If no nomination has been made within thirty days after submitting a request, the Selectmen may proceed without waiting for the requested nomination. When =he Commission is first established, three members shall be appointed for three-year =arms, two members and one alternate member shall be appoin:ed for two- year terms, and two members and one alternate member shall be appointed for one year terms. Successors shall each be appointed for a term of three years. Vacancies shall be filled within 60 days by =he Board of Selectmen by appointment for =he unexp%re9 term. In the case of absence, inability, to act, or .unwillingness to ac~ because of self-znterest by a member, the chairman may designate an alternate member of the Commission to act for a specified time. If any member is absent from three consecutive Commission meetings, ~he chairman may appoint an alternate member as a replacement to serve for the remainder of that member's ~erm, whereupon the Board of Selec~unen shall appoint a new alternate member. Each member and alternate member shall continue in office until his or her successor is duly appointed. Ail members and alternate members shall serve without compensation. The Commission shall elect annually a chairman and a vice chairman from its own nuafoer 32. and a secretary from within or without its number. Meetings of the Commission shall be held only if att. ended by a quorum of at least five members, including alternate members designated to act as members. If the chairman is absent from a meeting of the Commission, the vice chairman shall act as chairman. Decisions of the Commission at a meeting require a majority vote of the members, including designated alternates, who are present at the meeting. Section 5. Powers and Duties of the Commission: A. The Commission shall have all the powers and Buries of Historic District Commissions as provided by the Historic Distric% Act, General Laws, Chapter 40C, and by subsequent amendments thereto, unless specifically limited by this Bylaw. The Commission may adopt rules and regulations not inconsistent with the provisions of %he Historic Dis=riot Act. The Commission may, subject to appropriation, employi clerical and technical assistants or consultants and incur otherI expenses appropriate.to the carrying on of its work. B. The Commission shall have control over new constructmon,/' reconstruction, alterations, relocation, and demolition of all exterior architectural features of buildings and structures within the Old Center Historic District which are clearly visible from any public stree=, public way, or public land within the District, except as limited by this Bylaw. The terms used in this Bylaw shall have meanings set forth in Section 5 of Chapter 40C of the General Laws. For purposes of this Bylaw, any structure partially within the Historic D/strict shall be considered wholly within the District. C. In passing upon matters before it, the Commission shall consider, among other things, the historical and architectural value and significance of the site, building, or structure, =he general design arrangement of the features involved, and the relation'of such lea=utes to similar features of buildings and structures in the surrounding area. Section 6. Limitations and Exemptions: A. The CoK~isslon shall not ac% to preyent or unnecessarlly delayI new construction, reconstruction, or alterations.except f~r %he.purpose of preventing developments incongruous to.h~stor~cal considerations andI architectural features of value, viewed an relation :o =he surroundingI area. B. The following are eaempt from review or control by =he Commission (except as specifically noted): Ordinary maintenance, repair, or replacement of any external architectural features if %his does not involve a change in design or materials. Ac%ions required by a duly authorized public officer necessary for public safety in %he event of an unsafe or dangerousl condition. 33. !0. Landscaping with plants, %re,s, or shrubs· Terraces, walks, sidewalks, driveways, and other similar structures provided that the structure is at grade level. (Parking lots require Commission review) Storm doors and windows, screen doors and windows, window air conditioners, residential light fixtures, and conventional antennae no larger than six feet in any dimension. (Dish antennae and solar collectors require Commission review) Paint color and roofing materials. Temporary signs or structures to be in use for not more than 90 days. Signs used for residential occupation or professional purposes, of not more than one square foot in area, provided that a) no more than one sign is displayed on or near any one building or structure, and b) the sign consists of lettering painted on wood without a symbol or trademark. (Signs for commercial and institutional purposes require Commission review.) Reconstruction substantially similar in exterior design of a building, structure, or exterior architectural feature damaged or desLroyed by fire, storm, or other calamity, provided such reconstruction is begun within one year thereafter and is carried forward with due diligence. All interior architectural f~atures, and those exterior architectural features which are not clearly visible from any public street, public way, or public land within the Old Center Historic District. .Sect/on 7. Procedures: A. Except as this Bylaw provides in Section 6, no building or structure within the Historic District shall be constructed or altered in any way that affects exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, a certificate of non-applicability, or a certificate of hardship with respect to such construction or alters%ion. Nor shall any building permit for demolition be issued for any building or structure within the Historic Distirct until the certificate required by thi~ section has been issued by the Commission. B. Applications for certificates shall be made in triplicate, one copy being filed with the Mistoric District Commission, one with the Building Inspector, and one with the Town Clerk. Applications shall be in the form specified by the Commission, to include plans and elevations, drawn to scale, detailed enough to show architectural design of the structure and its relation to the existing building, and other materials deemed necessary, by. the Commission. Plot and site plans should be filed when an applxcat~on is made for improvements involving applicable landscape features such as walls, and fences. In 34. [39 the case of demolition or removal, 'statement of the proposed condition and thereafter. the application must include a appearance of the property C. Within 14 days of the filing of an application for any certificate, the Commission shall determine whether the application involves any features which are subject to approval by the Comr~ission. D. If the application requires the Commission's review, 'or at the request of the applicant, the Commission shall hold a public hearing, unless waived according to the provisions of Chapter 40C of the General Laws as amended. Public notice of the time, place and purposes of the hearing shall be given at least 14 days in advance and the Commission must notify by mail affected parties as provided in Chapter 40C of the General Laws as amendgd. E. The Commission shall decide upon the determination of anyI application wi%bin 60 days of its filing or within such further time as: the applicant may allow in writing. ~ P. A Certificate of Appropriateness shall be issued to the applicant if the Commission determines that the proposed construction or alteration will be appropriate for or compatible with the preservation or protection of the ~istoric District. In the case of a disapproval of an application for a Certificate of Appropriateness, the Co~.ission shall place upon i~s records %he reasons for such determination and shall forthwith cause a notice of its determinations,I accompanied by a copy ~f the reasons therefore as set forth an. t~e records of the Commission, to be issued to the applicant, and the Commission may make recommendations %0 the applicant with respect toI appropriateness of design. Prior to the issuance of any dfsapprovatI the Commission may notify the app!ican~ of its proposed action,: accompanied by recom~andations of changes in the applicant's proposall which, if ~a~e, would make the application acceptable %o the CoF~ission. If wi=bin 14 days of the receipt of such notice, the applicant files a written modification of his application in conformity with the recommended changes of the Commission, the Commission shall issue a Certificate of Appropriateness to the applicant. G. Upon request, Non-Applicabiliuy to any Commission approval. the Commission may issue a Certificate of applicant whose request does not require H. Density: an application is deemed inappropriate or if application is made for a Cer%ifica%e of ~ardship, ~he Commission may issue a Certificate of Hardship if conditions especially affecting ~he building or structure involved, but not affecting the Historic District generally, would make failure ~o approve an application involve a subs=antial hardship, financial or o:her~-ise, to the applicant, and approval would not involve substantial detriment to the public welfare. A Certificate of Hardship shall also be issued in %he event Khat the Commission does not make a determination of an application wi%hin the time specified in Section 7E of this Bylaw. I. Each certificate shall be da%ed and signed, and the Commission shall keep a permanent record of its determinations and of the vote of each member participating therein, and shall file a copy or notice 140 certificates and determinations of disapproval with the Town Clerk and the' Building Inspector. J. Any person aggrieved may, within twenty days of the decision by the Commission, appeal to a superior court sitting in equity. The Commission must pay costs only if it appears to the court that the Commission has acted with gross negligence, bad faith or malice. K. Violation of any of the provisions of this Bylaw shall incur a fine of not less than ten dollars nor more than one hundred dollars, as determined by the Commission, each day constituting a separate offense. ~ection 8. The Town of North Andover shall be subject to the provisions of this Bylaw notwithstanding any Town Bylaw to the contrary. Section _9. This Bylaw may be amended from time to time by a two-thirds vote of the Town Meeting, subject to the procedures as set forth in Chapter 40C, Section 3 of the General Laws. $~ction 10. In case any section, paragraph or part of this Bylaw be for any reason declared invalid or unconstitutional by any 'court of last resort, every other section, paragraph or part shall continue in full force and effect. Section 11. Effective Date: Following Town Meeting approval, this Bylaw takes effect immediately when the following conditions have been met: a) approval by the Attorney General of the Comm. onwealth; b) filing of a map of the boundaries of the Historic District with the North Andover Town Clerk, the North Andover Building Inspector, and the Begistry of Deeds for North Essex County. (see map on 37) V0TEDTOADOPTTH~ARTICLE YES Article' 16. ESTABLISHMENT Town will vote %o amend the Zoning Bylaw, Section pistric~ by adding the following: Petition of the Old Center Historic District Study Committee OF HISTORIC DISTRICT To see if the 3 ~.stablishmenu of 3.4 Historic Districts : Historic Districts established pursuant to =he provisions of MGLC.40C, as may be from time to time amended, shall be indicated on the Zoning Map by appropriate symbols. And ~o amend the Zoning Map by establishing an Historic District with hereinafter described boundaries following map: Petition of Historic District votea 4o adopt the article Study Committee and others 36. I Article 17. Adding Section 13 and Zoning Bylaw: .Residenti~.~, Retirement Co.mmunity. To see if the Town of North Andov,er w~l, 1, vote_,%%l amend the Zonlng Bylaw of the Town .of North Andover my aooing nnet following new section to follow section 12 and to be numbered 13: t Section 13 - RESIDENTIAL RETIREMENT COMMUNITY (R-6) 13.1 Definition and Purpose As used in this zoning bylaw, "Residential Retirement Community" ~hall mean a.developmen~ of land comprised of a dwelling orI dwellings with .resident services operated or sponsored as aI coordinated unl% by a corporption, trust, partnership.or otheri oraanizat~on hav~ng among its principal purposes the provision of housing for retired and aging persons! w%th oc~upance of d~el~ingi units limited to persons, and close re,at,yes cz persons, WhO nave~ attained the age of sixty-two (62) years, close relative shall mean lineal ancestor, lineal descendant, brother, sister, aunt or uncle, and includes persons so related by legal adoption and byi the half. Coordinated unit means a building or group of buildingsI under common manapement and serving purposes which assist thel elderly in maintaining an independen~ lifestyle. The program of resident services may include: restorative care center/skilled nursing facility; laundry, financial, barber/beautician,, medical. evaluation, home health, adult day care and respzte care services, meals on wheels; both scheduled and unscheduled transportation,i exercise, recreational, dietary, security and educational! activities; and other similar services or activities. These' programs and services will be primarily for the benefit of residents of the Residential Retirement Community. Types of Dwe]lin~,'Facilit¥ Permis_sibi~ A special permit granted hereunder may allow the construction of independent and/or assisted living dwellings and may also allow the construction of a restorative care center/skilled nursing facility. There shall be provided in appropriate cases suitable means of access and egress to, from, and within dwellings for' handicapped persons. 13.3 Specific Restrictions A Residential Retirement Communi=y as permissible under this~ section 13 shall also be subject ~o the following specific restrictions: (A) Density Requ%rements, The dwelling unit density in any Residential Retirement Community development shall not exceed 15 dwelling units per acre. In addition, the restorative care center/skilled nursing facility development shall not exceed twenty (20) beds per acre. In determining whether the density rate has been complied with, all land, including all lots, in the development parcel (s) shall be included. 38. 143 (H) (¢) ~inim_um Yard Requirements '' Front, rear and side yards shall be not less than sixty (60)] feet. The minimum distance between detached buildings,i including the distance to buildings permissible on uildin whichever zs greaner. ~ncloseu taller b . g' · d' connecting bulldings may be permitted. Bu~%d~ngs co,nacre by completely enclosed walkways shall be %hlr=y (30) feet the height of the taller ~uild~n~f..whichever _is gre~es,i EnClosed walkways connecting oull~lngs may De permi=ueu./ Bulld~ngs connected by.completely enclosed walkways shall be considered one building for purposes of this sub-paragraphI (b). Maximum Buildinq ~eiqht and Lot Coveraqe Requirements. (1) Height. Maximum building height shall be three (3) stories or forty (40) feet whichever is less. (2) Lot coverage. No building or structure shall be constructed so as to cover, ~ogether with any other buildings or s~ructures on the lot, a portion of the lot area larger than twenty-five (25%) percent thereof, being =he permitted lot coverage. The remaining seventy-five (75%) ("Remaining Area") shall be left predominantly in its natural state, e~cep= for plantings, roads, parking or passive recreational uses as may be permitted by the Planning Boad, the installation, repair, and maintenance of footpaths, underground u~ilities, access ways if required by the Tow~ of North Andover or o~her goverr~enta! agency, drainage structures and drainage facilities. Pa.rkinc and Access Beuuirement_s A driveway providing access from a public way to Residential Retirement Community shall have a paved .surface a minim,~m of =wenty (20) fee= wide. Passageways within a parking area shall have a width of at leas= (a) twelve (12) feet if used for one-way traffic, or (b) twenty (20) feet if used for two-way traffic. There shall be provided at least one (1) offstreet parking space for each dwelling unit, resez%-ed for the use of such dwelling unit. Any resuorative care center/skilled nursing facility parking shall have onel (1) parking, space for each .two (2) beds. Parking spaces! shall be a mlnimum of 8.5 ft. wade and 18 ft. long, and may be either 90 degrees or angled with respect to the curb line. Access to the 'proposed use shall be designed so as no: ~o have a substantial adverse impac: upon traffic on adjacent streets. ~inimum Lot Requirement~ The minimum lot area shall be ten (10) acres. The minimum! required frontage shall be three hundred (300) feet 39. ' 13/4 The minimum common open space shall be thirty (30%) perceht of the total area of the Residential Retirement Co. unity. ~o more than half the required CO.on open space may be situate~ in the Plain D/strict or classified as wet/ands as defined Massachusetts General Laws. ChaPter 131, Sec. 40, "The Wetlands Protect/on Act". (B) ~~°~gn Open Spec,-. The. Co. on Open Space shsll be Used for open space, cons agraculture, recreation or Park purposes. Th~ .~_ e~a=ion, shall be in one or more parcels of a size, = uu~on Open Space~ appropriate for its intended use. Each parc~lsh~e and location Space shall have adequate access, as dete~lned by Co. on 0~en Board, for all residents of :he Residential Retirement and no structure shall be constructed thereon, the Planning Co. unity (C) ~~ Co~on 0 en S ace (1) Provisions shall be ~nd Other corm made so that th - or by . Zi -.,~-s mn the Reside~.=i,~2"'~ mn co. on b% organize%ion. Ini .... o=, Partnersht~ ._ Sec, 31 running 1 aws, Chapter 184, =o and enforceable by =he To~ of ~nd~ver shall be recorded in resgec= =o ~he CO. on Open Spa~e. Such restrict/on shall provide %hat the Co. on Open Space shall be retained in Perpetui=y for one or more of %he~ followinc uses: conse~a=io~, .open s ace · _ recreation or park. Such restriction shal~ and subs=ante as the Planning Board may prescribe and deem ' izns~r~en~(s) shall be c ~ the Essex NOrth District~ minim~ provide: A legal description of the CO.on Open Space. A statement of the purpose for which =he Co. on Open Space is intended to ~ used and the restrictions on its use and alienation. The t~e and name of :he corporation, t~st, partnership or non-profit organization, which will o~, manage an~ maintain the Co~on Open Space. 13.5 Procedure Board: Provisions for =he number, =erm of office, and the manner of election to office, removal from office and the filling of vacancies in the office of directors and/or officers of the cor- poration, partnership or non-profit organization or trustees of the trust. Procedures for the conduct of the affairs and business of the cor- poration, partnership, non-profit organization or trust including pro- vision for the calling and holding of meetings of members and directors '~and/or officers of the corporation, partnership or non-profit organiza- tion or beneficiaries and trustees of the trust and provision for quorum and voting requirements for action to be taken. The method by which such instrument or instruments may be amended. for__Site Plan Review and Approval.from the Plannin~ (A) A_p.p!ica~ion After approval by Town Resting of a Residential Retirement Community, any person prior to the issuance of any building permit must submit an app!ica:ion to the Planning Board for a comprehensive site plan review. Planning Board approval of theI site plan shall be a pre:ondition to =he issuance of any buildingI permit. Each such application shall be accompanied by the. following information: (1) The writ%eh proposal and the Overall Concept Plan, Architectural Plan(s), Landacaping Plan(s) and Storm Water Management Plan(s). (2) Residential Retirement Community Plan(s) meeting the requirements set forth for a Definitive Plan in the Town North Andover Subdivision Rules and delineated by the U.S.i Soil Conservation Reculations and including the following infoz~r, ation: The existing and proposed topography; the soil associations as Service; the extent of any we=lands as defined by the We:lands Protection Act, Chapter 131, Section 40 of =he General Laws; the extent of any land zoned Flood Plain District; ell existing and proposed location of residential buildings and any other structures; all streets, private ways, common drives, parking spaces, sewers, drainage facilities and utilities; the limit of each construction phase and a tabular summary of the total area of the tract, the percent of Common Open Spaoe, the number, type .and gross floor area of the residential buildings and including the of bedrooms/dens, the building coverage, coverage of all impervious surfaces, building elevations and sectioning through the site. Definitive Subdivision Plan(s) and Town of North Andouer. on Rules and Re ulations (if the Residential' Retirement Community Development requires approval under the. Subdivision Control Law) which to the extent permitted by law shall be reviewed and considered by the Planning Board at the same time as the application for site plan review. (4) Architectural not less %hah 1/8" = proposed buildings, floor. Plan(s) and Elevation(s) (at a scale of 1'0") showing the elevation of the %heir height and %he layout of eachi (5) Landscape Plan(s) (at a scale of not less than 1" = 40')! showing the existing and proposed tree line, the landscapingl and proposed improvements for the Common Open Space planting plans for dis%urbed areas and buffer areas including plant type, number and growth/size. (6) Order of Conditions issued pursuant %o M.G.L. Chap. 131, Sec. 40, "The Wetlands Protection Ac%" for %he proposed: Residential Retirement CoFmunity or written determination by the Conservation Commission that a notice of in%eh: is required for the proposed development. Copies of all instruments to be recorded with ~he: ~idential Retirement Community si%e plan approval includingl the proposed deed(s) for the Common Open Space, the' articlesl of orcanization and By-laws of any corporation, parLnershipI or trust ~o be established for the ownership of the Commoni Open Space and %he perpe=ual restriction %o be imposed on the. Com,,on Open Space. ($) Traffic study plan and proposal. (B) Submi.$sion to Other Town Board~. The Planning Board shall, within ten days of its receipt of an~ application for site plan approval for a Residential Retiremen%i Community site plan approval refer ~he application to %he Board ~eal%h Conservation Commission, Wa%e: and Sewer Commission, Policei and Fire Chiefs, Town Engineer and Inspector of Buildings for: writ%eh reports and recommendations and no decision shall be made until such reports are returned or %hit%y-five (35) days have elapsed following such referral without receipt of such reports. (C) Decision of the Plannin~ Board (1) The Planning Board may approve %he site plan hereunder only if it finds that: (a) The Residential Retirement Community -~... .~nlv with ~he requirements of all Residential. Retirement Community Standards described here~ , [47 (b) The Residential Retirement Community is consistent with %he purposes of Subsection 12.1; and (c) The Planning Board shall render it~ decision within sixty (60) days from the submiasion of the site plan. In the event the decision is not rendered within sixty (60) days then and in that event the site plan shall be deemed approved by the inaction of =he Planning Board. (D) Conditions and Limitations As a condition hereunder, the Planning Board may require such changes in the proposed development plans and may impose such additional conditions, limitations and safeguards as it may deem appropriate to ensure compliance with the terms of this By-Law· In addition, the Planning Board may impose as a condition that the installation of municipal services and construction of ways shall comply with the requirements of the T_o_wn of ~o__rth_Andover Subdivision Rules and Regulations and may further require sufficient security %o ensure such compliance and the completion of planned recreational faci!i%ies and si=e amenities. The following to be inserted in the Table of Contents: Section 13 RESIDENTIAL RETIREMENT COF~.UNITY (R-6) Section 13.1 DEFINITION ARD PURPOSES Sec%ion 13.2 TYPES OF DWELLING/FACILITY PERMISSIBLE Section 13.3 SPECIFIC RESTRICTIONS Sec%ion 13.4 COF~4,0N OPEN SPACE Section 13.5 PROCEDURE FOR SITE PLAN REVIEW ARD APPROVi~J~ FROM THE PZ~NNING BOARD The following to be inserted on Page 11, Residence 5 D!sLrict (R-5): RESIDENTIAL RETIR[MENT COF2~UNITY Section 3.1, (~-6) after The following to be inserted on Page 10, after Section 2.77: 2.78 RESIDENTIAL RETIRF~ENT COF/~UNI~"f (R-6) See Section 13.1 The following to be inaerted on Page 22, after Section 4.123: 4.1235 RESIDENTIAL RETIREMENT COMMUNITY No other permitted uses ARTICLE17. VOTEDT0 REJECT THEARTI~LE. 43. the 1. Petition of Samuel P. Thomas and Lindsay R. Thomas and others Article 18. Establishment of Continuing Care District. To see if Town will ar, end the Zoning Bylaw: There is established a z. oning district .known as a Continuing CareI Dlstrl' 'ct "CCD"). Such district or distrIcts may only be createdl. ( in existing Residence 2 (R-2) zones upon approval at Town Meeting,! shall include a nursing care facility and congregate housing units;! and may include independent dwelling units and assisted living! units. Purpose. The purpose of the CCD is to provide for the development and use specialized housing and nursing care for the elderly in ex~st~ng~ R-2 Districts with greater flexibility from :he pa%tern otherwise permitted in such districts. It is intended to create health care, housing and other supportive services designed %o meet the needs of the elderly population and to enable that population to live independently. I: is further intended %o encourage :he preservation of open spaces; %o allow for new nursing care and housing that causes relatively little demand on Town services; generate increased =ax revenue for ~he Town; and to preserve the Town's residential character. Finally, in creating an a!terna:ive for the elderly to exis:ing nursing and housing possibili:ies, the CCD is intended %o allow for a greater mix:ute of buildings, structures and uses wi=h re~ard to density %han is o=herwise~ permitted in such districts, thereby allowing for %he nursing care of =he elderly and the relief of the physical, economic and' emotional stress associated with the maintenance and care of: traditional nursing and residential properties. Definitions ~ Wu~sin~ Care FacilitY. A facility for the care of elderl.yI ~rson~-~equ'~ring regular attention by medical or nursing personne~ for reasons of age, ill health or physical incapacity and which has been licensed as a long-term care facility by the MassachusettsI Department of Public ~eal:h. b. Congregate ~ousing Units. Dwelling units providing private or' communal living for elderly persons requiring no or limited medicall attention or supervision and who ordinarily are ambulatory. Such' dwellings consist of a room or group of rooms forming a habitable unit for one, two or three persons, wi%h facilities used, or in:ended to be used, for living, bathing, sleeping, cooking and eating. c. Independent Dwelling Uni:s. Dwelling uni:s identical in character and use %o congregate housing units and providing residents of such units with access =o all supportive services provided in congregate housing un=is. Independen~ dwelling units are free-standing and may contain one unit per structure. d. Assisted Living Units. Dwelling units for elderly individuals or couples in need of assistance with activities of daily living. Such dwellings may not include facilities for cooking and eating. e. Elderly. A single person who is 62 years of age or older; or two or more persons sharing a household, the older of whqm is 62 years of age or older. f. Wetlands. Any area within a parcel of land in a CCD falling within the definition of "freshwater wetlands" contained in Chap%er 131 of the General Laws of Massachusetts or any regulations promulgated pursuant to said Chapter. g. Home Health Care. Medical and therapeutic services provided to residents in their dwelling units. 4. Permitted Uses a. Principal Uses. CCD: The following uses shall be permit%ed in a 1. Nursing Care Facility 2. Assisted Living Units; 3. Congregate Housing Units; 4. Independent Dwelling Units; 5. Home Health Care; 6. Facilities for supportive services, including, but not limited to, medical, rehabilitative, recreational, social and nutritional programs, dining and function rooms, kitchen facilities and laundry facilities. 7. Any other use reasonably necessary or ancillary :o facilitate the uses described above, meaning and intending to permit those services and programs customarily offered in a continuing care facility. Standards and Restrictions a. Minim,~m Lot Size. A CCD shall be permitted only upon a single lot containing a total area of not less than thirty-five (35) acres. Existing public or private ways need not constitute boundaries of the lot, but the area within such ways shall not be counted in determining minimum lo: size. b. permissible Density. In no event shall :he dwelling unit density in a CCD exceed an average of seven (7) units per acre, exclusive of the nursing care facility. The nursing care facili=y density shall be governed by Table 2(9) of this bylaw. The area in a CCD lot directly attributable to %he nursing care facility sha~ not be used or considered in computing the dwelling unit densi~ permitted in that CCD lot. In no event shall the total number independent dwelling units exceed %eh percent (10%) of the tot~ number of dwelling units otherwise allowed in any CCD. c. Maximum Coverage. In no event shall the floor area ratio buildings and structures exceed thirty percent (30%) of the CCI lot. d. Dimensional Requirements 1. Setback. The se%back area is lntented to provide a perimeter greenbelt around the CCD except for road and utility crossings. No building or other structure shall be located within one hundred (100) feet of perimeter lot lines of a CCD. Conm, on open space lying within the setback area shall qualify as fulfilling this requirement. The perimeter shall be landscaped, provided the= nothing shall prevent the projection of walls and fences. 2. Frontage. Minimum frontage on any public street or way shall be one hundred fifty (150) feet. 3. Height. The maximum height of any structure (excluding ornamental features included for architectural or aesthetic purposes) shall not exceed a total of three (3) stories, such measurement to be taken from ground level to %he maximum height of any structure (exclusive of ornamental features). In the case of sloping ground, the measurement shall be from the highest elevation of ground level immediately adjacent :o the s:ruc:ure. e. Common Open Space. Land within the CCD which is not specifically reserved for the support of the CCD facilities and which is no% covered by buildings, roads, driveways,' parking areas or services areas or which is not set aside as private yards, patios or gardens for residents shall be Common Open Space. The area of Common Open Space shall equal at least~50% of the total area of the CCD lot and no more than 25% of the minimum required Common Open Space shall be situated within wetlands. The Common Open Space shall have a shape, dimension, character and location suitable to enable i=s enjoyment and use for conservation or agricultural purposes by the residents of the CCD. A. permanent conservation easemen= over the common open space shall be granted to the Town Conserve%ion Committee, the Trustees of Reservations or other appropriate agency or body, all as subject to the approval of. the Planning Board. f. Parking. The minimum number of parking spaces provided in connection with ~he uses permit%ed under ~his section shall be as follows: 1. Nursing Care Facility. One parking space for everyl sleeping room for single or double occupancy. 2. Congregate Housing Units and Independent Dwelling Units. One parking space for each unit. The Planning Board shall have the discretion to waive the applicant's compliance with this provision provided that the applicant,s plana demonstrate :he capacity to fully comply with the requirements of this section. 6. ADDroval Facilities proposed to be built in.a CCD shall be subject to site plan review by the Planning Board as provided for in Section 8.3 of this bylaw. Petition of Peter R. Breen and others ARTICLE18. YES 273 ~0 31~ VOTED TO EFJECT T~ARTICLE MEETING ADJOURNED AT 11':00 P.M. ~.~k~TING TO EEC0NVENE AT 7:00 P.M. MAY 6, 1987. 47.