HomeMy WebLinkAboutResidential Re-Use Special Permit Final To see if the Town will vote 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 (Le. directly touching and not separated by a roadway or another
parcel)to a parcel in a non-residential district(B1-B4, 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;
1) 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.