HomeMy WebLinkAbout2006 ATM-ARTICLE 5 CV-FORM 2 #2-ZONING CDD DISTRICT Of OORT eqN
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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)688-9557
E-mail ibradshaw(dtownofnorthandover.com
This is to certify that the following vote was taken on Article 5 at the
Dissolved Annual Town Meeting for the Town of North Andover held May 8,2006,
June 5,2006 and June 6,2006:
Article 5. Amend Zoning Bylaw—New Zoning District-Section 16 Corridor
Development District 1 (CDDl). VOTED BY TWO-THIRDS VOTE DECLARED
BY THE MODERATOR to amend the North Andover Zoning Bylaw by adding a new
section, Section 16 Corridor Development District 1 as printed in the warrant with the
following amendments:
Amending Section 16.2 corridor development district 1 (CDDl)—Permitted Uses—
by deleting the words "and shall not exceed 3,000 gross square feet of building
area".
Amending Section 16.4 "Uses subject to a Special Permit" - by deleting Section 1
and replacing it with the following:
"1. No building or structure in excess of 3,000 gross square feet of building area
shall be constructed, reconstructed, erected or altered in the corridor development
district without the granting of the special permit. The granting of the special
permit shall be pursuant to section 8.3 and 10.3 of the bylaw and subject to the
following conditions:"
Amending Section 16.10-"Change of Use Subsequent to Granting of Special Permit
— by changing the designation of the "North Andover Town Planner" to "North
Andover Zoning Enforcement Officer" and deleting the words "parking variance"
and replacing them with"parking waiver".
Amending Section 16.11 "Use of Existing Structure on Existing Lot-by deleting the
words"dimensional,density,and".
Amending Section 16.12.1(5)- "Dimension and Density Requirement"—by deleting
the words"minimum height"and replacing it with"maximum height".
Amending Footnote 13 of the Zoning Bylaw by inserting the following words after
the first sentence "This restriction does not apply to the Corridor Development
District."
Amending Table 1 — Permitted use — Multi-family dwellings and Apartments —
YES(Y)to NO(1)and Two Family from YES(Y)to NO(1).
FLOOR AMENDMENT- : Amend Table 1 —Permitted Use—Veterinary Hospital
& Kennel—YES (Y) TO NO (1).—VOTED YES —240 NO 54 VOTED JUNE 6,
2006
And in connection therewith to amend North Andover Bylaw Section 3.1
Establishment of Districts,by adding the term "Corridor Development District 1";
and amending Table 1 & Table 2 of the Bylaw to include the summary of uses and
dimensional requirements for the Corridor Development District. See tables below.
And in connection therewith to amend Footnote 1 of the Town Bylaw by inserting
"and any Corridor Development District"in the first sentence after"In All district
except Village Commercial'.
ARTICLE 5 AS VOTED BY ARTICLE 5:
Section 16 Corridor Development District 4-
16.1 Objectives
16.2
The Corridor Development District is intended:
1. To control the design of commercial and residential development along
the primary corridors for vehicular travel through North Andover(Route 114,
Route 133, and Route 125) in such a manner that encourages sound site
planning, appropriate land use, the preservation of aesthetic and visual
character, and promotes economic development and diversity in the
community tax base for the Town;
2. To foster a greater opportunity for creative development by providing control
and design guidelines which encourage a mix of uses compatible with existing
and neighboring residential properties-'
3. To accommodate a compatible mixture of uses that complement commercial
and residential uses typically associated with transportation corridors and
large traffic flows.
4. To serve as a transition area between commercial development and the
neighboring residential properties by ensuring that the appearance and effects
of buildings and uses are harmonious with the character of the area;
5. 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;
6. To allow a developer to propose a site development use and plan unique to a
particular location.
X16.2 Corridor Development District 1(CDDl)-Permitted Uses r--- Formatted:Bullets and Numbering
In the Corridor Development District 41,no land shall be used and^^'°^a sh-All e-
"-I no building or structure shall be reconstructed-er eted,erected, altered or ,- Comment[ru]:this prohibits open space
used for any other purpose than the following the following and shall not exceed
1. Retail uses excluding auto sales and repair,
b ildm#-aFea—provided there is no outdoor sales or storage of materials and
products.
-2-.1. Restaurants excluding drive-through facilities. t-- Formatted:Bullets and Numbering
4-2. Personal service establishments.
4.3. Public building or use and Public Service Corporation.
4.4. Professional offices including,but not limited to banks,real estate offices,
insurance offices, physician offices, dentists, attorneys, architects, engineers
or accountants.No drive-through facilities are permitted with these uses.
6-5. Art Gallery
7--.6. Cultural Center or Museum
8-7. Place of worship
-9-8. Same-structure/On-site Mixed Use Developments
a. Residential uses shall not be located on the first floor of a structure or
building.
b. Apartments and condominiums shall be allowed where such use is not
more than fifty. er�(50%)pew-of the t(-Aal r spy g-oss square
feet far a twa (2 start' building and not more than seven -five percent
/5°lo of the a� ss square feet fay-a three(3 star�hrebuilding.
16.4 4 Uses Subject to a Special Permit
The following uses may be allowed in the Corridor Development District by
granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw:
1. No building or structure in excess of 3,000 gross square feet of building area
shall be constructed, reconstructed, erected or altered in the Corridor
Development District without the granting of the Special Permit. The
granting of the Special Permit shall be pursuant to Section 8.3 and 10.3 of the
bylaw and subject to the following conditions:
a. Submission of a traffic impact and mitigation plan by a professional traffic
engineer/consultant.
b. For those parcels abutting residential zoned properties, sufficient evidence
must be provided to demonstrate that no reasonable alternatives to the site
layout,site design,and parking configuration exist.
c. A determination by the Planning Board that the proposed development
will not create adverse traffic and safety impacts and neighborhood streets
and uses are harmonious with the character of the area.
d. A determination by the Planning Board that the proposed development
provides sufficient screening and buffering for those parcels abutting
residential zoned properties.
2. For outdoor storage, display, and sales of materials, products and goods in
connection with retail uses and provided:
a. Permissible area of land devoted to the specially permitted outdoor use
may not exceed twenty percent(20%) of the indoor principal use devoted
to retail sales.
b. The products, materials or goods displayed, stored or sold outdoors, by
special permit,must not be visible from any residential use.1 _, comment[rtz]:This might be difficult t o
c. The goods, materials, and products permissible for outdoor storage, control,how about 30-50%of i'"floor area9
display and sales hereunder, shall explicitly exclude automobiles,
motorcycles, or other wheeled vehicles and include only goods, materials,
and products, which are customarily stored, displayed, or sold outdoors
without the necessity for cover from the weather. Fertilizers and other
toxic,hazardous chemicals are also excluded herein.
d. The amount of area designated for outdoor storage shall be included in the
dimensional requirements for maximum lot coverage.
e. The entire outdoor storage area shall be enclosed by a wall of solid opaque
material such as masonry or solid wood fencing which, in the opinion of
the Planning Board,will not derogate from the surrounding area.
f. Sufficient landscaping shall be provided around the perimeter of the
storage area at the discretion of the Planning Board.
g. Only living plants can be higher than the surrounding vertical structural
screening.
16.5 Design Standards
1. Any other performance standards of the town shall also apply to uses
conducted under this Section 16.5 of the North Andover Zoning Bylaws;
2. Architecture should demonstrate the cohesive planning of the development
and present a clearly identifiable design feature throughout. Applicants are
encouraged to use traditional New England architectural elements in the
design. It is not intended that buildings be totally uniform in appearance or
that designers and developers be restricted in their creativity. Rather,cohesion
and identity can be demonstrated in similar building scale or mass; consistent
use of facade materials; similar ground level detailing, color or signage;
consistency in functional systems such as roadway or pedestrian way surfaces,
signage, or landscaping;the framing of outdoor open space and linkages, or a
clear conveyance in the importance of various buildings and features on the
site;
3. Buildings adjacent to usable open space should generally be oriented to that
space,with access to the building opening onto the open space;
4. All new utilities shall be placed underground;
5. Landscaped space and pedestrian connectivity shall be designed and located to
provide sufficient and safe access throughout the development and/or abutting
residential neighborhoods. An alternative to a sidewalk, such as an asphalt
path or trail, which better serves the purpose of connecting commercial
businesses to each other and the community,may also be used;
6. Commercial uses shall be designed and operated, and hours of operation
limited where appropriate, so that neighboring residents are not exposed to
offensive noise, especially from traffic or late-night activity. No amplified
music shall be audible to neighboring residents-'
7. Vehicular access to and from public roads is intended to be consolidated.
Vehicular access to lands from a public roadway shall generally be limited to
one (1) access point, particularly when frontage along said roadway is two
hundred(200)feet or less;
8. Driveway consolidation should be undertaken so as to reduce traffic conflicts
on feeder or collector streets:
a. Provision for Interior roadways and common curb cuts
i. To allow for the least disruption in flow on the
primary corridors, and the opportunity for orderly growth within the
zoning districts bordering this state roadway, the town considers the
reduction of entrances and exits on the highway of major concern. For
that reason, all site plans shall show reasonable plans for interior
roadways linking neighboring parcels presently developed twhier,
eeti a be Eleveloped or which could be developed as future site
development aetiN,ity aeexfto a common access point.
ii. The Planning Board may approve provisions for interior roadways
utilizing joint access and/or egress, recognizing that the final design
and permitting of access to the primary corridors is to be accomplished
only through the access permit process of the Massachusetts Highway
Department. The Planning Board shall have the authority to authorize
the following density bonuses for abutting owners who develop
interior roadways or feeder streets utilizing a common drive and curb
cuts thereby eliminating per parcel access/egress point on the highway:
-2-.1. an additional five (5%) percent in the amount of lot---- Formatted:Bullets and Numbering
coverage allowed by the requirements of the bylaw for an
existing or proposed use;and,
-3-.2. an increase of one dwelling unit per acre for an existing or
proposed residential use.
Applicants should notify the Massachusetts Highway Department as soon as
possible of their intent to utilize the provisions of this bylaw in order to
facilitate an orderly and cooperative permitting process between the Planning
Board and the state highway department-'
9. The design should preserve and enhance natural features such as topography,
waterways,vegetation, and drainage ways;
10. The design should minimize impervious surfaces and incorporate other design
features to minimize storm water runoff; and
11.Mixed Use Developments should maximize pedestrian transit-oriented
development. Specifically they should use "traffic-calming" techniques
liberally; provide networks for pedestrians as good as the networks for
motorists; provide pedestrians and bicycles with shortcuts al alternatives to
travel along high-volume streets, and emphasize safe and direct pedestrian
connections to transit stops and other commercial and/or employment nodes;
provide long-term, covered, bicycle parking areas; provide well-lit, transit
shelters; incorporate transit-oriented design features; and establish Travel
Demand Management programs at employment centers.
16.6 Screening and Landscaping Requirements
1. Front Yard: The_44w-ten (10)feet nearest the street or front lot line must be
landscaped and such landscaping shall not affect vehicular sight distance.
2. Side Yards: The five (5)feet nearest the side lot line must be landscaped. A
waiver to the landscape requirements may be granted if one access driveway
services the lot.
3. Rear Yards: The ten(10)feet nearest the rear lot lines must be landscaped.
4. Side and Rear Yards: Where a lot abuts a residential zoning district, the
fifteen (15) feet nearest the side and rear lot lines must be landscaped. In
addition, within ten (10)feet of the side and rear lot line, a buffer of at least
eight(8)foot high trees or shrubs must be planted and maintained in a healthy
condition by the owner of the property in perpetuity. A six(6)foot stockade
fence must be erected along the side and rear property lines to physically
separate the residential zone from the Corridor Development District areas.
The Planning Board may specify the type and species of natural buffering
required.
5. Building Foundation: A minimum three (3)foot wide landscaping strip must
be mstalled along the entire length of each building foundation wall,except at ,- comment[R3]:Is it intended for an four side? If
points of entry/exit,lawfully required fire access points,loading/receiving bay not,say so.
areas, and any other structural amenities necessary and ordinary to the use of
the building.
6. The Planning Board shall have final discretion in determining if sufficient
landscape screening and buffering of varying depth and height has been
provided.
7. All required screening, as described in items 1 through 6 above, shall be
maintained in good condition at all times and in perpetuity.
4-6.616.7 Lighting and Signs t--- Formatted:Bullets and Numbering
1. All outdoor lighting shall be designed so as not to adversely impact
surrounding uses and residential properties, while also providing a sufficient
level of illumination for access and security purposes. Such lighting shall not
blink,flash,oscillate or be of unusually high intensity of brightness.
2. Parking areas shall be illuminated to provide appropriate visibility and
security during hours of darkness.
3. Any outdoor lighting fixture newly installed or replaced shall be shielded so
that it does not produce a strong, direct light beyond the property boundaries,
and shall be directed toward the object or area to be illuminated. Light shall be
directed away from residences. Where a lot abuts a residential zoning district,
additional screening measures may be required at the discretion of the
Planning Board.
4. Lighting of the site shall be adequate at ground level for the protection and
safety of the public in regard to pedestrian and vehicular circulation. The glare
from the installation of outdoor lights and illuminated signs shall be contained
on the property and shall be shielded from abutting properties.
5. Landscape screening shall consist of planting, including evergreens, the
plantings to be of such height, depth as needed to sufficiently screen from
view abutting residential areas any unshielded light source, either inside or
outside.
6. All signs shall conform to Section 6.6(D)Business and Industrial Districts.
446-.716.8 Submission of a Special Permit Application and Plan t--- Formatted:Bullets and Numbering
Procedures:
1. The applicant shall file eight (8) copies of Corridor Development District
Plan, supporting materials, filing and outside engineering review escrow fees,
and three (3)copies of the form titled"Corridor 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
Clerk's Office and meet the submittal requirements.
2. 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 16.1 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.
3. The applicant must follow the procedures for obtaining a Special Permit as set
forth in Section 10.3 of the Zoning Bylaw.
4. If applicable, the applicant must follow the procedures for Site Plan Review
under Section 8.3, Site Plan Review.
44-716.9 Parking Requirements t--- Formatted:Bullets and Numbering
The Planning Board, at its sole discretion, may waive 2 ° of thhc---required
parking spaces if it determines that the permitted use may allow for less than the
zoning mandated parking requirement. 1.4t4w-f-,44Tlhe Planning Board may
consider one of the following in its deterrinnation:
1. The elimination of up to 25%of the required parking spaces to be constructed.
2. The elimination of up to 25% of the required parking spaces to be initially
constructed, but require an adequate area for future spaces should they be
required at a later date.
3. The elimination of up to 25% of the required parking spaces to be initially
constructed, but require an adequate area for future spaces should they be
required at a later date due to a change of use.
16.10 Change of Use Subsequent to Granting of Special Permit
Special Permits granted under any Corridor Development District shall be subject to
a new public hearing for a new Special Permit if,in the opinion of the North
Andover Zoning Enforcement Officer,a change of use occurs and the initial Special
Permit was granted a parking waiver under Section 16.9 herein.
16.11 Use of Existing Structure on Existing Lot
—Upon review, the Planning Board may waive some or all of the dimensional,
density, and special permit requirements outlined herein if a proposed change of use
from residential to the Corridor Development District permitted use, results in no
substantial change to an existing structure and is located on the same dimensional
lot that existed prior to creation of any-Corridor Development District.
16.12 Dimension and Density Requirements
16.12.1 Corridor Development District 1
1. Minimum lot size: 43,560 sq.ft.
2. Minimum frontage: 150 feet.
3. Maximum lot coverage including buildings,driveways,and parking areas:70%.
4. Maximum building coverage: 50%.
5. Maximum height,not to exceed three(3)stories above ground: 35 feet.
6. Minimum building and structures front setback: 10 feet.
7. Minimum building and structures rear setback: 20 feet.
8. Minimum building and structures side setback: 15
9. Minimum building and structures where lot abuts residential zoning district: 20
feet.
10.Minimum distance between buildings: 10 feet.
11.Minimum usable open space requirements: 30%of minimum lot size.
12.Floor area ratio: 0.75:1.
Table 1
Residential Business Industrial
Rl-
3 R4 VR R5 R6 B1 B2 B3 B4 VC GB PCD 'DD1 CDD2 I1 12 I3 IS
Agricultural
Use* Y Y Y Y Y Y Y Y Y N Y Y N Y Y Y Y Y
Art Gallery N N N N SP Y Y Y Y Y Y SI'* Y Y Y Y Y N
Auto Service
Station* N N N N N N Y* Y* N N Y N N N N Y* N SP
Auto&Vehicle
Repair/Body Shop N N N N N N N N N N Y N N N N Y N N
Bus Garage N N N N N N N N N N Y N N N N Y N Y
Business&Other
Offices N N N N Y N* Y Y Y Y Y Y Y Y Y Y Y Y
Car Wash N N N N N N N N N Y Y N N N N Y N N
Congregate
Housing N SP N N N N N N N N N S1' N N N N N N
Continuing Care Y* N N N N N N N N N N N N N N N N N
Retirement Center
Eating&Drinking
Establishment N N N N* SP* N* Y Y N* Y Y SP* Y Y N* N* N* SP
Funeral Parlor N N N N SP N Y Y N Y Y SP* Y Y N N N N
Golf Course Y Y Y Y Y N N N N N N Y N N Y Y Y Y
Guest House N Y Y Y Y N N N N N N Y N N N N N N
Independent
Edlerly Housing Y N N N N N N N N N N N N N N N N N
Indoor Place of
Amusement or
Assembly N N N N N N Y Y N Y Y N N Y N N N N
Indoor Ice Skating
Facility N N N N N N N N N N N N N Y SP SP SP N
Lumber,Fuel
Storage or
Contractor's Yard N N N N N N N N N Y Y N N N N Y Y Y
Manufacturing* N N N N N N N N N N N N N N Y Y Y Y
Medical Center* N N N N N N Y Y Y Y Y N Y Y Y Y Y N
Motel or Hotel N N N SP N N N N Y* N N SP* N N N N N N
Multi-Family
Dwellings&Apts. N N Y** Y* Y Y SP N N N N SP* N N N N N N
Municipal
Recreation Area Y Y Y N Y N N N N N N Y Y Y N N N N
New Car Sales* N N N N N N N Y N Y Y N N N N N N N
Non-Profit School Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Nursing&
Convalescent
Homes* SP SP SP SP SP N N N Y N N SP N N N N N N
One-Family
Dwelling Y Y Y Y Y Y N N N N N Y N N N N N N
Personal Services N N N N* SP* Y Y Y N* Y Y N Y Y N* N* N* N*
Places of Worship Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Printing&
Reproduction N N N N SP* N Y Y Y Y Y N N Y Y Y Y Y
Private School for
Profit SP SP SP SP SP N Y Y Y Y Y SP Y Y Y Y Y Y
Professional
Offices* N* N* N* Y* Y* Y Y Y Y Y Y Y Y Y Y Y Y Y
Public Building or
Use SP SP SP SP SP Y Y Y Y Y Y SP Y Y Y Y Y Y
Public Garages&
Accessory
Buildings N N N N N N N N N N N N N N N N Y N
Public Service
Corporation N N N N SP N N N N N N N Y Y N N Y N
Public Sanitary
Disposal Site N N N N N N N N N N N N N N N N Y N
Public Storage of
Equipment N N N N N N N N N N N N N N N N Y N
Recreation Area SP SP SP SP SP SP SP SP SP SP SP SP N Y SP SP SP N
Research&
Development
Facilities N N N N SP N N Y Y Y Y N N N Y Y Y Y
Retail N N N N* SP Y Y Y N* Y* Y* SP* Y Y N* N* N* N*
Establishment
Rooming House Y* Y* Y* Y* Y* N N N N N N Y* N N N N N N
Taxis Depot N N N N N N Y Y N Y Y N N N N N N N
Town House N N N Y Y N SP N N N N N N N N N N N
Two Family
Dwelling N SP* Y Y Y Y N N N N N S1'* N N N N N N
Veterinary Hospital
&Kennel N N N N N N N N N N N N N N N Y N N
Warehousing&
Wholesaling N N N N N N N N N Y Y N N N N* Y N* Y
Day Care Center SP SP SP SP SP SP SP SP SP SP SP SP N N SP SP SP SP
Allowable with a Speci
Note: This Chart is for summary information purposes only and is not a substitute for the detailed
District
Use Regulations in
Section 4 of this Bylaw.
* See detailed District Use Regulations in Section 4 of
this Bylaw.
** Only with the provision of publicly owned and maintained sewers or Town approved and
accepted
private sewers. (see Footnote 12 of Table 2)and with no more than 5 dwelling units per structure
Amending Table_1Sulnlnary_of'_Use_Regulation to read as follows
Alnendin llows
Petition of the Planning Board