HomeMy WebLinkAbout2004 ATM-ARTICLE 42-AMEND ZONING BYLAW-ADD NEW SECTION RESIDENTIAL ADAPTIVE REUSE-CV OF NORTH qti
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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 42 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 42. Amend Zoning Bylaw Add New Section 4.3 Section Residential
Adaptive Re-Use Special Permit. UNANIMOUSLY VOTED to adopt a new Section,
Section 4.3 Residential Adaptive Re-Use Special Permit within the Town of North
Andover Zoning Bylaw, as listed below:
Section 4.3, Residential Adaptive Re-Use Special Permit
1. Intent
The Residential Adaptive Re-Use Special Permit is hereby established as a
Special Permit in the R1, R2, R3 and R4 residential districts on lots that are directly
contiguous to lots in non-residentially zoned districts established by this Bylaw.
2. Purpose
The purpose of this special permit is to encourage the creative re-use and
conversion of existing residential structures adjacent to commercial and industrial
parcels to a commercial use or mixed use in order to preserve historical structures,
provide for additional tax revenue for the Town, provide flexibility to landowners,
and to create a transition between residential and business areas.
3. Applicability/Eligibility
A lot is eligible to receive a Residential Adaptive Re-Use Special Permit based on
the provisions of Section 4.3(6) of this Bylaw, only if at the time of application (and
based on the Zoning Map in effect at that time) the subject lot is:
A) within the R1, R2, R3 and R4 districts; AND
B) is directly contiguous (i.e. directly touching and not separated by a roadway or
another parcel) to a parcel in a non-residential district (131-134, VC, GB, I1-3 and
IS).
4. Permitted uses by Special Permit include:
A) Existing residential uses;
B) Multi-family dwelling;
C) Uses which involve historic materials or relate to the attraction provided by an
historic atmosphere, such as museums, local arts and crafts shops, antique
shops, woodworking, furniture repair, or restaurants;
D) Enterprises whose principal use is the sale of agricultural products, such as
greenhouses, orchards, nurseries, food co-ops, or farm products stores.
E) Enterprises whose principal use is the sale of products produced in North
Andover, such as local agricultural products or crafts;
F) Personal service office;
G) Professional offices;
H) Business offices;
I) Medical offices;
J) Community resources such as banks, churches, schools, or libraries;
K) Interior storage uses such as for boats or furniture; and
L) Any appropriate combination as determined by the ZBA of the uses stated
above.
5. Performance Standards, Restrictions & Additional Requirements
A) Permitted uses shall be limited to the existing structures on the lot. However,
in addition to ZBA special permit approval for the proposed use, an applicant
may apply to the ZBA for a special permit to expand the size of the existing
structures by up to 25% of the footprint of the structure as it existed on the date
of enactment of the Residential Adaptive Re-Use Special Permit.
B) The use permitted by this Special Permit shall not be considered objectionable
or detrimental to the residential character of the neighborhood due to the
exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or
in any other way objectionable to or detrimental to any residential use within
the neighborhood
C) There will be no display of goods or wares visible from the street, with the
exception of locally produced agricultural goods.
D) There shall be no exterior alterations that are not customary or harmonious
with the residential character of the building.
E) Any additions to the structure above must comply with the setbacks and
dimensional requirements of the corresponding residential district and non-
conforming uses must comply with the requirements outline in Section 9 of
this Bylaw.
F) No more than 25% of the existing structure may be demolished.
G) A minimum of 30% of the remaining lot area must remain permeable material
such as, but not limited to, vegetation, mulch, and trees, unless specifically
waived by the Planning Board during site plan review.
H) Any new parking must meet the current parking requirements as designated in
Section 8.1, Off Street Parking, shall be located to the rear or side of the
building, and shall be screened from the road and abutting properties to be
compatible with the character of the neighborhood. Screening shall consist of
one or more of the following: fencing, vegetation, flora, deciduous shrubs
and/or trees.
I) The ZBA and Planning Board may grant special permits for prospective uses
and site plans in order that owners may renovate for approval for specific
businesses or tenants. Evidence shall be provided that the project is in
accordance with the current North Andover Master Plan and if applicable, with
the guidelines set forth in The Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised
1983) (36CFR67) in terms of the rehabilitation of the building and its site.
6. Application and Approval Procedure
A) In order to obtain a Residential Adaptive Re-Use Special Permit, an applicant
must receive a special permit from the North Andover ZBA approving the
intended use and any proposed expansion in accordance with Section 9.3(5) of
this By-Law.
B) After such approval has been obtained from the ZBA, the applicant must
obtain a Site Plan Special Permit from the Planning Board as referenced in
Section 8.3 of the Town of North Andover Zoning Bylaw.
VOTED MAY 17, 2004