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HomeMy WebLinkAbout2004 ATM-ARTICLE 40-AMEND ZONING BYLAW-SECTIONS 4.122-RESIDENCE 4 USES-CV OF NORTH qti et.lEO is U p 'li °q�n°M°^yq9 9SSNCHUSES TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9556 E-mail iradshaw(dtownofnorthandover.com This is to certify that the following vote on Article 40 was taken at the Dissolved Annual Town Meeting for the Town of North Andover held May 10, 2004, May 11, 2004 and May 17, 2004: Article 40. Amend Zoning Bylaw Sections 4.122 Residence 4 District (Permitted Uses), Paragraph 14. VOTED to adopt Article 40 as printed in the warrant with the following amendment: Delete in 4.122.14 Residential 4 District Section C. 9. "Main entrances to the dwelling units shall be permitted only in the front of the structure". 4.122.14 Residence 4 District (Permitted Uses) a. One Family Dwelling. b. Two family dwellings, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1 of this Bylaw. c. The conversion of an existing one-family to a two-family dwelling, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1 of this Bylaw, provided that conversion from a one-family to a two- family dwelling meets the following additional requirements: 1. If a conversion involves increasing the size of an existing structure, the expansion area shall not exceed 50% of the original building's gross floor area up to a maximum of 1500 s.f.. The size of the second dwelling unit can never exceed 1500 s.f. 2. There must be two parking spaces for each dwelling unit. 3. No parking/driveway shall be permitted within 10 feet of any lot line. 4. No garage or carport shall face the street unless it is located at least 10 feet behind the front facade of the principal structure and in accordance with the dimensional setbacks outlined in Table 2 of this Bylaw. 5. The converted structure shall meet all of the dimensional requirements of the R-4 District identified in Table 2 of this Bylaw. 6. Stairways leading to the second or any higher floor shall be enclosed. 7. The principal building in a conversion to a two-family dwelling shall share a connected common wall (or floor) for at least 75% of the wall's (or floor's) surface. No unheated structure, no structure without foundation, and no structure that is entirely or partially a garage shall be considered as meeting the 75% requirement. 8. i.) The conversion of a one-family dwelling to a two-family dwelling must not result in any portion of the post-conversion roofline height exceeding the pre-conversion roofline height by more than five (5) feet. ii.) The conversion of a one-family dwelling to a two-family dwelling must not significantly increase or decrease the pitch of any additional post-conversion roof area. 9. Main entrances to the dwelling units shall be permitted only in the front of the structure. (DELETED IN MOTION) d. The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1 of this Bylaw. The conversion of a single family dwelling to a two-family dwelling must comply with the provisions of Sections 10.3, 4.122.14.c. and 4.122.14.1. 14.1 Special Permit Granting Criteria for Two-Family Dwelling and One-Family to Two-Family or Multi-Family Conversions. a. The Zoning Board of Appeals may approve a special permit for a proposed use of a building, dwelling or structure provided by Section 4.122.14.b., 14.c or 14.d upon finding that the application complies with the purposes of this Bylaw, and is consistent with the use of the site for the purpose permitted within the Residential 4 District. In making its decision, the Zoning Board shall consider the following criteria in addition to those listed in Section 10.31: 1. Consistency with the North Andover Master Plan. 2. The degree to which the proposed use furthers the Town's interest in providing a range of housing types, where applicable. 3. The degree to which the application addresses the following design standards: i) Achieve compatibility with the established pattern of uses in the district. The Residential 4 District consists primarily of single-family dwellings near the Stevens Memorial Library Area and off of Massachusetts Avenue, and more compact neighborhoods with a mix of residential uses toward Waverly Road. New construction or substantial alteration of buildings must compliment and reinforce the design features of these neighborhoods. ii) Achieve design compatibility with architectural features and exterior materials of surrounding structures. iii) Preserve existing structures of historic value. Buildings, dwellings or structures listed on the National Register of Historic Places or the State Register, and are more than 50 years old as of the date of application for a special permit, may be converted, constructed, reconstructed, restored or altered only in a manner that maintains or promotes their status as listed or eligible historic resources. For purposes of zoning compliance, additions or alterations that adhere to the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties will generally be presumed to maintain or promote such status. iv) Preserve established, mature vegetation. b. The right to apply for a special permit to convert an existing dwelling shall extend to any dwelling to be converted for use as a dwelling of not more than five (5) residential units, and meeting all requirements of the State and Town Statutes and Bylaws, including the Health Codes, Building Codes, Zoning Laws and Zoning Bylaws. Proof of ownership must be supplied with the application. VOTED MAY 17, 2004 YES 146 NO 17 VOTED MAY 17,2004 SECTION 4.122 OF THE ZONING BYLAW WILL NOW READ: 4.122.14 Residence 4 District (Permitted Uses) a. One Family Dwelling. e. Two family dwellings, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1 of this Bylaw. f. The conversion of an existing one-family to a two-family dwelling, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1 of this Bylaw, provided that conversion from a one-family to a two- family dwelling meets the following additional requirements: 1. If a conversion involves increasing the size of an existing structure, the expansion area shall not exceed 50% of the original building's gross floor area up to a maximum of 1500 s.f.. The size of the second dwelling unit can never exceed 1500 s.f. 2. There must be two parking spaces for each dwelling unit. 3. No parking/driveway shall be permitted within 10 feet of any lot line. 4. No garage or carport shall face the street unless it is located at least 10 feet behind the front facade of the principal structure and in accordance with the dimensional setbacks outlined in Table 2 of this Bylaw. 5. The converted structure shall meet all of the dimensional requirements of the R-4 District identified in Table 2 of this Bylaw. 6. Stairways leading to the second or any higher floor shall be enclosed. 7. The principal building in a conversion to a two-family dwelling shall share a connected common wall (or floor) for at least 75% of the wall's (or floor's) surface. No unheated structure, no structure without foundation, and no structure that is entirely or partially a garage shall be considered as meeting the 75% requirement. 8. i.) The conversion of a one-family dwelling to a two-family dwelling must not result in any portion of the post-conversion roofline height exceeding the pre-conversion roofline height by more than five (5) feet. ii.) The conversion of a one-family dwelling to a two-family dwelling must not significantly increase or decrease the pitch of any additional post-conversion roof area. g. The conversion of an existing dwelling to accommodate not more than five (5) residential units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1 of this Bylaw. The conversion of a single family dwelling to a two-family dwelling must comply with the provisions of Sections 10.3, 4.122.14.c. and 4.122.14.1. 14.1 Special Permit Granting Criteria for Two-Family Dwelling and One-Family to Two-Family or Multi-Family Conversions. a. The Zoning Board of Appeals may approve a special permit for a proposed use of a building, dwelling or structure provided by Section 4.122.14.b., 14.c or 14.d upon finding that the application complies with the purposes of this Bylaw, and is consistent with the use of the site for the purpose permitted within the Residential 4 District. In making its decision, the Zoning Board shall consider the following criteria in addition to those listed in Section 10.31: 1. Consistency with the North Andover Master Plan. 2. The degree to which the proposed use furthers the Town's interest in providing a range of housing types, where applicable. 3. The degree to which the application addresses the following design standards: i) Achieve compatibility with the established pattern of uses in the district. The Residential 4 District consists primarily of single-family dwellings near the Stevens Memorial Library Area and off of Massachusetts Avenue, and more compact neighborhoods with a mix of residential uses toward Waverly Road. New construction or substantial alteration of buildings must compliment and reinforce the design features of these neighborhoods. ii) Achieve design compatibility with architectural features and exterior materials of surrounding structures. iii) Preserve existing structures of historic value. Buildings, dwellings or structures listed on the National Register of Historic Places or the State Register, and are more than 50 years old as of the date of application for a special permit, may be converted, constructed, reconstructed, restored or altered only in a manner that maintains or promotes their status as listed or eligible historic resources. For purposes of zoning compliance, additions or alterations that adhere to the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties will generally be presumed to maintain or promote such status. iv) Preserve established, mature vegetation. c. The right to apply for a special permit to convert an existing dwelling shall extend to any dwelling to be converted for use as a dwelling of not more than five (5) residential units, and meeting all requirements of the State and Town Statutes and Bylaws, including the Health Codes, Building Codes, Zoning Laws and Zoning Bylaws. Proof of ownership must be supplied with the application.