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HomeMy WebLinkAboutARTICLE 5 - FINAL LD VERSION OF NORTH qti et.lEO is U p 'li °qn°M 0^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) 688-9557 E-mail jradshaw(&townofnorthandover.com This is to certify that the following vote was taken on Article 5 of 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 (CDD1). MOTION: MOVE TO ADOPT ARTICLE 5 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENTS: Amending Section 16.2 Corridor Development District 1 (CDD1)—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, in the first line, the words "The following uses may be allowed in the Corridor Development District by granting of a Special Permit" and inserting in place thereof 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." RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: RICHARD NARDELLA — CHAIR PLANNING BOARD OR DESIGNEE PRESENTATION FORMAT: VISUAL PRESENTATION NOTES: THE CURRENT BYLAW SECTION 16 NOW READS: SEE BELOW Section 16 Corridor Development District 16.1 Objectives 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 promote 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. 16.2 Corridor Development District 1(CDD1) - Permitted Uses In the Corridor Development District 1, no land shall be used and no building or structure shall be reconstructed, erected, altered or used for any other purpose than and shall not exceed 3,000 gross square feet of building area: 1. Retail uses excluding auto sales and repair provided there is no outdoor sales or storage of materials and products. 2. Restaurants excluding drive-through facilities. 3. Personal service establishments. 4. Public building or use and Public Service Corporation. 5. 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. Art Gallery 7. Cultural Center or Museum 8. Place of worship 9. 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 percent (50%) of the gross square feet for a two (2) story building and not more than seventy-five percent (75%) of the gross square feet for a three (3) story building. [[ Section 16.3 Reserved for Article 6.]] 16.4 Uses Subject to a Special Permit 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 be 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. C. The goods, materials, and products permissible for outdoor storage, 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 Bylaw; 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 or which could be developed as future site development to 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: 1. an additional five (5%) percent in the amount of lot coverage allowed by the requirements of the bylaw for an existing or proposed use; and, 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 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 installed along the entire length of each building foundation wall, except at points of entry/exit, lawfully required fire access points, loading/receiving bay 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. 16.7 Lighting and Signs 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. 16.8 Submission of a Special Permit Application and Plan 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. 16.9 Parking Requirements The Planning Board, at its sole discretion, may waive required parking spaces if it determines that the permitted use may allow for less than the zoning mandated parking requirement. The Planning Board may consider one of the following in its determination: 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. 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". And in connection therewith to amend Footnote 13 of the Town Bylaw by inserting "This restriction does not apply to the Corridor Development District," after the first sentence.