HomeMy WebLinkAbout2004 ATM-ARTICLE 45-AMEND ZONING BYLAW-NEW SECTION -SECTION 15-PLANNED COMMERCIAL DEVELOPMENT DISTRICTAND REPLACE WITH FEMA LANGUAGE-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 45 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 45. Amend the North Andover Zoning Bylaw by Adding a New Section -
Section 15 Planned Commercial Development District. UNANIMOUSLY VOTED
to amend the North Andover Zoning Bylaw by adding a new section, Section 15 Planned
Commercial Development District, as follows:
SECTION 15—Planned Commercial Development District
15.1 OBJECTIVES
The Planned Commercial Development District is intended:
a. to allow considerable flexibility under a special permit in the development of
tracts of land as recommended in the Town of North Andover Master Plan in
accordance the goals and objectives in the Master Plan;
b. to allow a developer to propose a site development use and plan unique to a
particular location;
c. to provide under the special permit process a mechanism for the Planning Board
to evaluate the potential impacts of a proposed development;
d. to permit a development which is compatible with the character of the Town and
which benefits economic development of the Town;
15.2 PERMITTED USES
a. The following uses are permitted:
i. Walk-In Bank: A free standing building with its own parking lots
and excluding drive-through windows.
ii. Business and other offices;
iii. All uses allowed in the R-4 Zoning District as set forth in Section
4.122 of the Zoning Bylaw;
b. The following uses are allowed only by special permit pursuant to this Section
15 of the Bylaw;
15.2.1. PRINCIPAL USES
i. Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as
measured along the frontage);
ii. Restaurants where the business primarily serves food to be consumed in
within the building excluding "fast food and drive through" establishments; A
fast food and drive through establishment is defined as a restaurant
characterized by a large carryout clientele; long hours of service [some are
open for breakfast, all are open for lunch and dinner, some are open late at
night or 24 hours]; and high turnover rates for eat-in customers.
iii. Retail uses, provided there is no outdoor storage or sale of materials or
products;
15.2.2. ACCESSORY USES
i. Eating and drinking establishments within an office building for use
principally by those employed within the structure;
ii. Private parking garages accessory to allowed principal uses;
iii. Indoor recreational facilities such as tennis and racquetball courts as an
accessory to a hotel or motel for use principally by the guests of the hotel or
motel. Public memberships to the recreational facilities are not allowed.
iv. No other uses shall be allowed.
15.3 DIMENSIONAL REGULATIONS
a. Residential
Dimensional requirements for the R-4 zone shall be as set forth in Summary of
Dimensional Requirements (Table II)
b. Commercial:
i. Minimum Lot Size: 150,000 s.f.
ii. Height Maximum: 35 feet (a hotel only may be constructed in height to a
maximum of(60 feet);
iii. Street frontage: 300 feet
iv. Front setback: 100 feet with the first 50 feet as a vegetative
V. Side setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
vi. Rear setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
vii. Floor Area Ratio: 75:1
viii. Lot coverage: maximum of 25%
ix. Contiguous Buildable Area: 75% of minimum lot size.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority (SPGA) for the
issuance of Planned Commercial Development District Special Permits. No structures
shall be placed, constructed or modified within the Planned Commercial Development
District without first obtaining a special permit from the Planning Board. This Bylaw is
intended to be used in conjunction with other regulations adopted by the Town, and other
zoning and general bylaws designed to encourage appropriate land use, environmental
protection, preservation of the rural character and the provision of adequate infrastructure
development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District
Special Permit in accordance with Section 15.
A. Pre-Application Conference
Prior to the submission of an application for a Planned Commercial District Special
Permit, the applicant is encouraged to confer with the Town Planner to obtain
information and guidance regarding the development of the parcel. After such initial
consultation with the Town Planner, the applicant may meet before the Planning Board at
a public meeting. Such pre-application consultation shall be informal, non-binding, and
directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
B. Submission of a Planned Commercial Development District Special Permit
Application and Plan:
1. Procedures:
i. The applicant shall file eight (8) copies of the Planned Commercial
Development District Plan, supporting materials, filing and outside
engineering review escrow fees, and three (3) copies of the form titled
"Planned Commercial Development District Special Permit Application" to
the Planning Board. The Town Planner shall certify that the plans and
materials submitted have been time stamped by the Town Clerks Office and
meet the submittal requirements.
ii. The Planning Board, within sixty-five (65) days from receipt of the plan by
the Town Clerk, shall determine whether the proposed project is generally
consistent with criteria of the paragraph 15.1 of this Section. The Planning
Board will review the plans during a public hearing process and will receive
comments from the public, other Town Departments, and the applicant.
iii. The applicant must follow the procedures for obtaining a Special Permit as set
forth in Section 10.3 of the Zoning Bylaw.
iv. If applicable, the applicant must follow the procedures for Site Plan Review
under Section 8.3, Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information
required under Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board
shall make a determination that the project meets all of the following criteria:
a. The project is consistent with the objectives set forth in Paragraph 15.1.
b. The proposed project shall not generate traffic flows that, in the opinion of
the Planning Board, are excessive for the project location; further, ingress
and egress for traffic flow and traffic circulation within the project are
designed properly so that there will be no serious hazard to vehicles or
pedestrians.
c. Adequate parking facilities are provided for each use and structure in the
development.
d. Major facilities or functions are designed to be visually compatible with
natural, historical and neighborhood characteristics of the site.
e. The project does not adversely affect the natural environment to the
detriment of community character.
f. The project must meet the requirements of Section 8.10, Lot/Slope
Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District Special Permit hereunder shall
not substitute for compliance with the Subdivision Control Act, nor obligate the Planning
Board to approve any related definitive plan for subdivision, nor reduce any time period
for Board consideration under that law. However in order to facilitate processing, the
Planning Board may insofar as practicable under existing law, adopt regulations
establishing procedures for submissions of a combined plan and application which shall
satisfy this section and the board's regulations under the Subdivision Control Act
Article 45. Amend the North Andover Zoning Bylaw by Adding a New Section -
Section 15 Planned Commercial Development District.
UNANIMOUSLY VOTED to adopt Article 45 as printed in the warrant with the
following amendments:
Delete the language of section 15.2 b. Which reads "the following uses are allowed
only by special permit pursuant to this section 15 of the bylaw" and relocate it to a
new section 15.2.1. A.
Include art gallery and funeral parlor as an allowed principal use in section 15.2.1.
Art gallery should be numbered as 15.2.1 (a.) (ii) and funeral parlor should be
numbered 15.2.1 (a.) (iii). Other uses should be renumbered accordingly.
Include the following use under principal uses, under section 15.2.1 (a) (vi) "one
multi-family structure per acre, not exceeding 12 units per structure, may be
permitted". Deleted by Floor Amendment
Under Section 15.4, Special Permit Granting Authority, revise the language of the
second sentence so as to now read "no structures associated with principal and
accessory uses shall be placed, constructed or modified within the Planned
Commercial Development District without first obtaining a Planned Commercial
Development Special Permit from the Planning Board.
FLOOR AMENDMENT: Delete from the amended motion "Include the following
use under principal uses, under section 15.2.1 (a) (vi) "one multi-family structure
per acre, not exceeding 12 units per structure, may be permitted".
FINAL VOTED TEXT OF ARTICLE 45
SECTION 15—Planned Commercial Development District
15.1 OBJECTIVES
The Planned Commercial Development District is intended:
e. to allow considerable flexibility under a special permit in the development of
tracts of land as recommended in the Town of North Andover Master Plan in
accordance the goals and objectives in the Master Plan;
f. to allow a developer to propose a site development use and plan unique to a
particular location;
g. to provide under the special permit process a mechanism for the Planning Board
to evaluate the potential impacts of a proposed development;
h. to permit a development which is compatible with the character of the Town and
which benefits economic development of the Town;
15.2 PERMITTED USES
C. The following uses are permitted:
iv. Walk-In Bank: A free standing building with its own parking lots
and excluding drive-through windows.
V. Business and other offices;
vi. All uses allowed in the R-4 Zoning District as set forth in Section
4.122 of the Zoning Bylaw;
Delete the language of section 15.2 b. Which reads "the following uses are allowed
only by special permit pursuant to this section 15 of the bylaw" and relocate it to a
new section 15.2.1. A.
15.2.1. PRINCIPAL USES
15.2.1. (a). The following uses are allowed only by special permit pursuant to this
Section 15 of the bylaw:
(i). Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as
measured along the frontage);
(ii). Art gallery
(iii). Funeral Parlor
iv. Restaurants where the business primarily serves food to be consumed in
within the building excluding "fast food and drive through" establishments; A
fast food and drive through establishment is defined as a restaurant
characterized by a large carryout clientele; long hours of service [some are
open for breakfast, all are open for lunch and dinner, some are open late at
night or 24 hours]; and high turnover rates for eat-in customers.
V. Retail uses, provided there is no outdoor storage or sale of materials or
products;
15.2.2. ACCESSORY USES
V. Eating and drinking establishments within an office building for use
principally by those employed within the structure;
vi. Private parking garages accessory to allowed principal uses;
vii. Indoor recreational facilities such as tennis and racquetball courts as an
accessory to a hotel or motel for use principally by the guests of the hotel or
motel. Public memberships to the recreational facilities are not allowed.
viii. No other uses shall be allowed.
15.3 DIMENSIONAL REGULATIONS
a. Residential
Dimensional requirements for the R-4 zone shall be as set forth in Summary of
Dimensional Requirements (Table II)
d. Commercial:
X. Minimum Lot Size: 150,000 s.f.
xi. Height Maximum: 35 feet (a hotel only may be constructed in height to a
maximum of(60 feet);
xii. Street frontage: 300 feet
xiii. Front setback: 100 feet with the first 50 feet as a vegetative
xiv. Side setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
xv. Rear setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
xvi. Floor Area Ratio: 75:1
xvii. Lot coverage: maximum of 25%
xviii. Contiguous Buildable Area: 75% of minimum lot size.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority (SPGA) for the
issuance of Planned Commercial Development District Special Permits. No structures
associated with principal and accessory uses shall be placed, constructed or
modified within the Planned Commercial Development District without first
obtaining a Planned Commercial Development Special Permit from the Planning
Board. This Bylaw is intended to be used in conjunction with other regulations adopted
by the Town, and other zoning and general bylaws designed to encourage appropriate
land use, environmental protection, and preservation of the rural character and the
provision of adequate infrastructure development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District
Special Permit in accordance with Section 15.
A. Pre-Application Conference
Prior to the submission of an application for a Planned Commercial District Special
Permit, the applicant is encouraged to confer with the Town Planner to obtain
information and guidance regarding the development of the parcel. After such initial
consultation with the Town Planner, the applicant may meet before the Planning Board at
a public meeting. Such pre-application consultation shall be informal, non-binding, and
directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
B. Submission of a Planned Commercial Development District Special
Permit Application and Plan:
1. Procedures:
V. The applicant shall file eight (8) copies of the Planned Commercial
Development District Plan, supporting materials, filing and outside
engineering review escrow fees, and three (3) copies of the form titled
"Planned Commercial Development District Special Permit Application" to
the Planning Board. The Town Planner shall certify that the plans and
materials submitted have been time stamped by the Town Clerks Office and
meet the submittal requirements.
vi. The Planning Board, within sixty-five (65) days from receipt of the plan by
the Town Clerk, shall determine whether the proposed project is generally
consistent with criteria of the paragraph 15.1 of this Section. The Planning
Board will review the plans during a public hearing process and will receive
comments from the public, other Town Departments, and the applicant.
vii. The applicant must follow the procedures for obtaining a Special Permit as set
forth in Section 10.3 of the Zoning Bylaw.
viii. If applicable, the applicant must follow the procedures for Site Plan Review
under Section 8.3, Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information
required under Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board
shall make a determination that the project meets all of the following criteria:
a. The project is consistent with the objectives set forth in Paragraph 15.1.
b. The proposed project shall not generate traffic flows that, in the opinion of
the Planning Board, are excessive for the project location; further, ingress
and egress for traffic flow and traffic circulation within the project are
designed properly so that there will be no serious hazard to vehicles or
pedestrians.
c. Adequate parking facilities are provided for each use and structure in the
development.
d. Major facilities or functions are designed to be visually compatible with
natural, historical and neighborhood characteristics of the site.
e. The project does not adversely affect the natural environment to the
detriment of community character.
f. The project must meet the requirements of Section 8.10, Lot/Slope
Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District Special Permit hereunder shall
not substitute for compliance with the Subdivision Control Act, nor obligate the Planning
Board to approve any related definitive plan for subdivision, nor reduce any time period
for Board consideration under that law. However in order to facilitate processing, the
Planning Board may insofar as practicable under existing law, adopt regulations
establishing procedures for submissions of a combined plan and application which shall
satisfy this section and the board's regulations under the Subdivision Control Act.
Petition of Alberto Angles and others
NEW SECTION 15 WILL NOW READ:
SECTION 15—Planned Commercial Development District
15.1 OBJECTIVES
The Planned Commercial Development District is intended:
i. to allow considerable flexibility under a special permit in the development of
tracts of land as recommended in the Town of North Andover Master Plan in
accordance the goals and objectives in the Master Plan;
j. to allow a developer to propose a site development use and plan unique to a
particular location;
k. to provide under the special permit process a mechanism for the Planning Board
to evaluate the potential impacts of a proposed development;
1. to permit a development which is compatible with the character of the Town and
which benefits economic development of the Town;
15.2 PERMITTED USES
e. The following uses are permitted:
vii. Walk-In Bank: A free standing building with its own parking lots
and excluding drive-through windows.
viii. Business and other offices;
ix. All uses allowed in the R-4 Zoning District as set forth in Section
4.122 of the Zoning Bylaw;
b. The following uses are allowed only by special permit pursuant to this Section
15 of the Bylaw;
15.2.1. PRINCIPAL USES
vi. Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as
measured along the frontage);
vii. Restaurants where the business primarily serves food to be consumed in
within the building excluding "fast food and drive through" establishments; A
fast food and drive through establishment is defined as a restaurant
characterized by a large carryout clientele; long hours of service [some are
open for breakfast, all are open for lunch and dinner, some are open late at
night or 24 hours]; and high turnover rates for eat-in customers.
viii. Retail uses, provided there is no outdoor storage or sale of materials or
products;
15.2.2. ACCESSORY USES
ix. Eating and drinking establishments within an office building for use
principally by those employed within the structure;
X. Private parking garages accessory to allowed principal uses;
xi. Indoor recreational facilities such as tennis and racquetball courts as an
accessory to a hotel or motel for use principally by the guests of the hotel or
motel. Public memberships to the recreational facilities are not allowed.
xii. No other uses shall be allowed.
15.3 DIMENSIONAL REGULATIONS
a. Residential
Dimensional requirements for the R-4 zone shall be as set forth in Summary of
Dimensional Requirements (Table II)
f. Commercial:
xix. Minimum Lot Size: 150,000 s.f.
xx. Height Maximum: 35 feet (a hotel only may be constructed in height to a
maximum of(60 feet);
xxi. Street frontage: 300 feet
xxii. Front setback: 100 feet with the first 50 feet as a vegetative
xxiii. Side setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
xxiv. Rear setback: 50 feet (except when directly adjacent to a residential use where
it is 100 feet with a 50 foot visual buffer)
xxv. Floor Area Ratio: 75:1
xxvi. Lot coverage: maximum of 25%
xxvii. Contiguous Buildable Area: 75% of minimum lot size.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority (SPGA) for the
issuance of Planned Commercial Development District Special Permits. No structures
shall be placed, constructed or modified within the Planned Commercial Development
District without first obtaining a special permit from the Planning Board. This Bylaw is
intended to be used in conjunction with other regulations adopted by the Town, and other
zoning and general bylaws designed to encourage appropriate land use, environmental
protection, preservation of the rural character and the provision of adequate infrastructure
development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District
Special Permit in accordance with Section 15.
A. Pre-Application Conference
Prior to the submission of an application for a Planned Commercial District Special
Permit, the applicant is encouraged to confer with the Town Planner to obtain
information and guidance regarding the development of the parcel. After such initial
consultation with the Town Planner, the applicant may meet before the Planning Board at
a public meeting. Such pre-application consultation shall be informal, non-binding, and
directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
B. Submission of a Planned Commercial Development District Special
Permit Application and Plan:
1. Procedures:
ix. The applicant shall file eight (8) copies of the Planned Commercial
Development District Plan, supporting materials, filing and outside
engineering review escrow fees, and three (3) copies of the form titled
"Planned Commercial Development District Special Permit Application" to
the Planning Board. The Town Planner shall certify that the plans and
materials submitted have been time stamped by the Town Clerks Office and
meet the submittal requirements.
X. The Planning Board, within sixty-five (65) days from receipt of the plan by
the Town Clerk, shall determine whether the proposed project is generally
consistent with criteria of the paragraph 15.1 of this Section. The Planning
Board will review the plans during a public hearing process and will receive
comments from the public, other Town Departments, and the applicant.
xi. The applicant must follow the procedures for obtaining a Special Permit as set
forth in Section 10.3 of the Zoning Bylaw.
xii. If applicable, the applicant must follow the procedures for Site Plan Review
under Section 8.3, Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information
required under Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board
shall make a determination that the project meets all of the following criteria:
a. The project is consistent with the objectives set forth in Paragraph 15.1.
b. The proposed project shall not generate traffic flows that, in the opinion of
the Planning Board, are excessive for the project location; further, ingress
and egress for traffic flow and traffic circulation within the project are
designed properly so that there will be no serious hazard to vehicles or
pedestrians.
c. Adequate parking facilities are provided for each use and structure in the
development.
d. Major facilities or functions are designed to be visually compatible with
natural, historical and neighborhood characteristics of the site.
e. The project does not adversely affect the natural environment to the
detriment of community character.
f. The project must meet the requirements of Section 8.10, Lot/Slope
Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District Special Permit hereunder shall
not substitute for compliance with the Subdivision Control Act, nor obligate the Planning
Board to approve any related definitive plan for subdivision, nor reduce any time period
for Board consideration under that law. However in order to facilitate processing, the
Planning Board may insofar as practicable under existing law, adopt regulations
establishing procedures for submissions of a combined plan and application which shall
satisfy this section and the board's regulations under the Subdivision Control Act.
VOTED MAY 17, 2004