HomeMy WebLinkAboutATM May 2008 - Open Space2-lincoln daley ATTACHMENT
Article XX. Amend North Andover Zoning Bylaw— Section 8.5.6(F) Usable Open Space. To see if
the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8.5.6(F)in order to
further clarify the definition of Usable Open Space and the method for calculation of usable open space
within a Planned Residential Development.
Section 8.5.6(F) Usable Open Space now reads:
Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the PRD,
which are reserved for permanent open space. This space shall exclude parking areas,but include required
setbacks and walkways. The usable open space shall be open an unobstructed to the sky; however;trees,
planting, arbors, flagpoles, sculptures, fountains, swimming pools, atriums, outdoor recreational facilities
and similar objects shall not be considered obstructions.
1. For subdivision PRD's the minimum usable open space requirements shall be 35% of the total
parcel area; and no more than 25% of the total amount of required usable open space shall be
wetland.
2. For site planned PRD's, the minimum usable open space requirements shall be 50% of the total
parcel area; and no more that 25%of the total required usable open space shall be wetland.
Section 8.5.6(F) Usable Open Space as amended by replacing the current language to read as
follows:
F. Usable Open Space:
Usable Open Space shall be defined as the part or parts of land within the PRD, which are reserved
for permanent open space or passive recreation use. The usable open space shall be open and
unobstructed to the sky. Trees, planting, arbors, flagpoles, sculptures, fountains, outdoor open-air,
passive/active recreational facilities and similar objects shall not be considered"obstructions".
1. Usable Open Space Ratio:
a. For subdivision PRD's the minimum usable open space requirements shall be 35%of the total
parcel area; and no more than 25%of the total amount of required usable open space shall be
wetland as defined pursuant to Wetlands Protection Act, M.G.L.c.131, s.40 and the Town of
North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover.
b. For site planned PRD's,the minimum usable open space requirements shall be 50%of the
total parcel area; and no more that 25%of the total required usable open space shall be
wetland as defined pursuant to Wetlands Protection Act, M.G.L.c.131, s.40 and the Town of
North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover.
2. Usable Open Space Calculation:
a. Parking areas and roadways may not be included in the calculation of open space area, but the
calculation may include required setbacks, waterways, and walkways. If the Planning Board
requires additional parking to facilitate use of the open space,then that added parking area
may be included in the calculation of the open space.
b. On land not so divided or subdivided for the purpose of creating townhouses, condominiums
or multifamily housing, land within a minimum of twenty foot(20') of the foundation of each
dwelling structure shall be for the exclusive use of the unit occupants. This area shall not
qualify towards the minimum usable open space required.
c. The usable open space shall be contiguous. Usable open space may still be considered
contiguous if it is separated by a roadway or an accessory amenity. The Planning Board may
waive this requirement for all or part of the required open space where it is determined that
allowing noncontiguous open space will promote the goals of this bylaw.
d. Wastewater/Stormwater Structures: Subsurface wastewater and stormwater management
systems serving the PRD may be located within the open space, with the approval of the
Planning Board. Surface systems, such as retention and detention ponds, shall not qualify
towards the minimum open space required.
e. Accessory Structures: The Planning Board may permit up to five percent(5%) of the open
space to be paved(pervious "paving"materials are encouraged) or built upon for structures
accessory to the dedicated use or uses of such open space (for example, pedestrian walks and
bike paths). Parking areas and areas used for vehicular access or egress shall not constitute
open space.
3. Accessibility:
a. The usable open space shall be to greatest extent practicable accessible to the general public
(unless restricted) and not for the exclusive use of a homeowners association or non-profit
organization. For open space maintained for active agricultural purposes public access may
be limited or completely excluded.