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Home My WebLink About1988 ZONING BY-LAW NORTH ANDOVERI I I THE ZONING BY LAW I TOWN OF NORTH ANDOVER, MASSACH~S~-TTS 1972 I Reprinted 1988 ~ ~ORTH ' ~~ '~1~"~ I I I I I I I I PLANNING BOARD Section Section Section Section Section 1 2 3 3.1 3.2 3.3 3.4 4 4.1 4.121 4.122 4.123 4.124 4.125 4.126 4. 127 4.128 4. 129 4.130 4.131 4.132 4.133 4.134 4.135 4.136 4.2 5 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 NORTH ANDOVER ZONING BY LAW CONTENTS PAGE PURPOSES .................................... 1 DEFINITIONS ................................. 2 ZONING DISTRICTS AND BOUNDARIES ............ 12 Establishment of Districts .............. 12 Zoning Map ' 12 District Boundaries ..................... 12 Historic District ....................... 13 BUILDINGS AND USES PERMITTED ............... 14 District Use Regulations ................ 14 Residence 1,2 and 3 Districts ........... 15 Residence 4 District .................... 18 Village Residential District ............ 21 Residence 5 District .................... 24 Business 1 District ..................... 27 Business 2 District ..................... 28 Business 3 District ..................... 30 Business 4 District ..................... 31 Village Commercial District ............. 32 General Business District ............... 33 Industrial 1 District ................... 35 Industrial 2 District ................... 36 Industrial 3 District ................... 38 Industrial "S" District.' ................ 39 Watershed Protection District ........... 40 Flood Plain District .................... 49 Phased Development Bylaw ................ 50 EARTH MATERIALS REMOVAL .................... 52 General ................................. 52 Definitions ............................. 53 Application for Earth Removal Permit .... 53 Permits for Earth Removal ............... 54 Earth Removal Incidental to Development, Construction, or Improvement ............ 55 Miscellaneous Removal of Earth .......... 56 Operation Standards ..................... 57 Restoration Standards ................... 61 I I I I I I I i I I I i I I I I I I 5.9 Section 6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 Section7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Section 8 8.1 8.2 8.3 8.4 8.5 8.6 Section 9 9.1 9.2 9.3 9.4 Section 10 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 Section 11 Security Requirement .................... 62 SIGNS AND OUTDOOR LIGHTING REGULATIONS ..... 64 Authority and Interpretation ............ 64 Purposes ................................ 64 Definitions ............................. 64 Administration and Enforcement .......... 66 Allowed Signs ........................... 69 Sign Regulations ........................ 71 Prohibitions ............................ 73 Severability ............................ 74 DIMENSIONAL REQUIREMENTS ................... 75 Lot Areas ............................... 75 Street Frontage ......................... 76 Yards (setbacks) ........................ 76 Building Heights ........................ 76 Lot Coverage ............................ 77 Floor Area Ratio ........................ 77 Dwelling Unit Density ................... 77 Exceptions .............................. 77 SUPPLEMENTARY REGULATIONS .................. 79 Off-Street Parking ...................... 79 Automobile Service Station. and Other Automotive Services ..................... 82 Site Plan Review ........................ 83 Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts .................... 91 Planned Residential Development (PRD)...93 Satelite Receiver Discs ................ 100 NON-CONFORMING USES ....................... 101 Continuance ............................ 101 Alteration or Extension ................ 101 Rebuilding after Catastrophe ........... 102 Abandonment ............................ 102 ADMINISTRATION ............................ 103 Enforcement ............................ 103 Board of Appeals ....................... 104 Special Permit ......................... 105 Variance and Appeals ................... 108 Amendments to zoning By Law ............ 110 Conflict of Laws ....................... 113 Validity ............................... 113 Repetitive Petitions ................... 113 Withdrawal Without Prejudice ........... 114 PLANNED DEVELOPMENT DISTRICT .............. 115 11.1 11.2 11.3 11.4 11.5 11.6 11.7 Section 12 12.1 12.2 12.3 12.4 12.5 Section 13 13.1 13.2 13.3 13.4 13.5 13.6 13.7 Section 14 14.1 14.2 14.3 14.4 14.5 14.6 Jurisdiction ........................... 115 Purpose ................................ 115 Procedures ............................. 115 Minimum Requirements ................... 119 Permitted Uses ......................... 119 Area Regulations ....................... 120 Relation to Subdivision Control Act .... 121 LARGE ESTATE CONDOMINIUM CONVERSION ....... 122 Purpose ................................ 122 Requirements ........................... 122 Contents of Application ................ 124 Change in Application .................. 124 Review by the Planning Board ........... 124 CONTINUING CARE RETIREMENT CENTER ......... 126 Establishment .......................... 126 Purpose ................................ 126 Definitions ............................ 126 Permitted Uses ......................... 127 Standards and Restrictions ............. 128 Density Bonuses ........................ 131 Approval ............................... 132 INDEPENDENT ELDERLY HOUSING ............... 133 Establishment .......................... 133 Purpose:... Permitted Uses ......................... 133 Standards and Restrictions ............. 133 Density Bonus .......................... 135 Table I Summary of Use Regulations ........................ 137 Table II Summary of Dimensional Requirements ............... 139 Footnotes from Table II .................................... 140 Appendix -Special Permit Application ........................ 144 -Site Plan Review.Application ...................... 146 MAP TABLE OF REVISIONS REVISED ZONING BYLAWS OF THE TOWN OF NORTH ANDOVER MASSACHUSETTS TOWN MEETING DATE/ARTICLE NUMBER 1985/12 1985/13 1985/15 1985/20 1985/21 1985/23 1985/24 1985/25 1986/13 1986/15 1986/16 1986/17 1986/18 1986/100 1987/8 1987/10 1987/11,28 1987/12 1987/14 1987/16 ZONING BYLAW SECTION BRIEF TITLE 4.135(4) LAKE COCHICHEWICK AMEND. 4.135(2)(a) WATERSHED DISTRICT 2.65 4.11(5) 2.29.1 ALL DIST. 7.4.1 2.30.1 4.2 10.13 7.1 SPGA DEFINITION AMEND. GENERAL PROVISION DAY CARE CENTER DAY CARE CENTER LOT WIDTH DEFINITION OF DRIVEWAY ESTABLISHED PHASED DEV. PENALTY FOR VIOLATION CBA REQUIREMENTS 4.121(a)(b) PUBLIC/PRIVATE EDUCATION ALL DIST. MUNICIPAL BUILDINGS 4.121(6)(a,d,e)SALE OF AG, PRODUCTS TABLE 2 8.5 8.3(1) 4.123 8.4 8.1(13) 4.128 TABLE 1 3.4 R-1 DIST. LOT AREA ESTABLISHED PRD STANDARDS FOR SITE PLAN ESTABLISHED VR DISTRICT ESTABLISHED LANDSCAPE STD., PARKING IN VR ESTABLISHED VC DISTRICT DELETED "HELISTOP" ESTABLISHED HISTORIC DIST. 1987/20 1987/21 1987/22 1987/23 1987/24 1987/25 1987/26 1987/27 1987/28 1987/29 1987/83 1988/27 1988/28 1988/29 1988/30 1988/35 1988/37 1988/38 1988/39 2.38.1 2.38.2 2.37.1 2.34 4.122 4.131(3) 8.1(2) 8.1(2) 8.3 4.135(4)(a) 8.6 SECTION 13 SECTION 14 2.29,4.122 2.65 4.135 8.1 8.3 8.5 DEF. FLOOR AREA, GROSS DEF. FLOOR AREA, NET DEF. OF FAMILY SUITE AMENDED DEF. OF TWO FAMILY DWELLING TWO FAMILY DWELLING IN R-4 DIST. RETAIL USE- INDUSTRIAL OFF STREET PARKING OFF STREET PAI~ING SITE PLAN REVIEW CRITERIA WATERSHED DISTRICT STANDARDS: SATELITE DISCS CONTINUING ~_ARE RETIREMENT CENTER (CCRC) ESTABLISHED ESTAB. INDEPENDENT ELDERLY HOUSING ESTAB. CONGREGATE HOUSING DEF. NURSING AND CONVALESCENT HOME WATERSHED PROTECTION DISTRICT AMEND OFF STREET PARKING REGUI2%TIONS AMEND SITE PLAN REVIEW AMEND PRD m I I I I I I I I I I I I I I I I I I SECTION i PURPOSES The purpose of this By-Law is the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the Town of North Anodver, as provided by Chapter 40-A of the General Laws of the Commonwealth of Massachusetts, as amended by Chapter 808, Acts of 1975, and as they may be further amended, by regulating and restricting the use of land and buildings, thereby: i. encouraging the most appropriate use of land, 2. preventing overcrowding of land, 3. conserving the value of land and buildings, 4. lessening congestion of traffic, 5. preventing undue concentration of population, 6. providing adequate light and air, 7. reducing the hazards from fire and other danger, assisting in the economical provision of transportation, water, sewerage, schools, parks and other public facili- ties, 9. controlling the use of bodies of water, including water- courses, 10. reducing the probability of losses resulting from floods, and 11. preserving and increasing the amenities of the town. I ! SECTION 2 DEFINITIONS 2.1 General For the purpose of this By Law, certain words or phrases herein shall be interpreted as follows, except where the context clearly indicates.the contrary= words used in the singular include the plural, words used in the present tense include the future tense, the word "person" includes a corporation as well as an individual, the word "lot" includes the word "plot" or "parcel", the word "shall" is always man- datory, and the word "used" or 'occupied" as applied to any land or buildings shall be construed to include the words "intended, arranged or designed to be used or occupied". 2.2 Specific Words and Phrases For the purpose of this By Law, the following words and terms used herein shall have the meanings or limitations of meaning hereby defined, explained or assigned. 2.21 Accessory Use or Structure A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. 2.22 Automobile Repair Shop A building or part of a building in which major re- pairs are made to motor vehicles, in which heavy machinery is used. 2.22.1 F~m~ly Suite (1987/22) A separate dwelling unit located within a single family dwelling, subordinate in size to the principai unit and separated from it in a manner which maintains the appearance of the building as a single family dwelling. The size of a family suite is not to exceed 1200 square feet or not more than 25% of the gross floor area of the principal unit. The family suite may only be occupied by a blood relative or the residing owner of the principal unit. 2.23 Automobile Service Station A building or place of business where gasoline, and greases, batteries, tires, and automobile access- ories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2.24 2.25 2.26 2.27 2.28 2.29 2.29.1 2.29.2 repair service is rendered. Body Shop A building, or part thereof, used for structural repairs and refinishing of motor vehicles for re- muneration. Board of Appeals The Board of Appeals of the Town of North Andover as governed by the General Laws of Massachusetts. Building A structure having a roof supported by columns or walls for the shelter, support, or enclosure of per- sons, animals, or property. Building Height The vertical distance measured from the mean level of the proposed finish grade at the front of the building to the highest point of the roof, but not including chimneys and spires. Building, Principal A building in which is conducted the main or princi- pal use of the lot on which said building is situa- ted. Car Wash An area of land and/or a structure with machine or hand operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles. Congregate Housing A non-institutional residential shared living environment which integrates shelter and services needed by the functionally impaired or socially isolated elder (age 55 or older) who does not require the constant supervision or intensive health care services provided in an institution. The shared living environment must include at least two of the following: a) shared accessible come, unity space, b) shared kitchens, c) shared dining facilities, or d) shared bathing facilities. Day Care Center 2.30 2.31 2.32 AnY facility operated on a regular basis whether known as a day nursery, nursery school, kindergaten, child play school, progressive school, child development center, or pre-school, or known under any other name, which received children not of common parentage under seven (7) years of age, or under sixteen (16) years of age if such children have special needs, or non-residential custody and care during part or all of the day separate from their parents or the elderly 60 years of age or older. Day Care Center shall not include any part of a public school system; any part of a private organized educational system, unless the services of such system are primarily limited to k%ndergarten, nursery or related pre-school services, a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day care home; an informal cooperative arrangement among neighbors or relatives; or the 0ccassional care of children with or without compensation therefor. (1985/21) District A district or a zone shall be any portion of the territory of the Town of North Andover within which certain uniform regulations and requirements or various combinations thereof shall be applied under the provisions of this By-Law. Driveway A way located on a lot which provides vehicular access to the buildings on the lot. Each driveway shall service no more than one lot. Subject to the granting of Special Permit from the Planning Board, a driveway may be shared by not more than three (3) lots. Every such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land. (1985/25) Dwelling Any building or portion thereof designed or used as the residence or sleeping p.lace of one or more persons, except a mobile home and as otherwise pro- vided herein. Dwelling, Multi-F~m{ly A building used or designed as a residence for three m I l I l l I l l I I 2.33 2.34 2.35 2.36 2.37 2.37.1 or more families living independently of each other and doing their own cooking therein (same as "apart- ment''). DWelling, One Fam{l¥ A dwelling built singly and apart from any other building and intended and designed to be occupied and used exclusively for residential purposes by one family. Dwelling, Two F-m~ly A free standing building intended and designed to be occupied and used exclusively for residential pur- poses by each of not more than two families (same as "duplex"). The principal building in a two family dwelling conversion shall share a connected common wall (or floor) for at least 75% of the wall's (or floor's) surface. No unheated structure, no structure without foundation and no structure which is entirely or partially a garage shall be considered as meeting the 75% requirements. Dwelling Unit One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes. Erected The word "erected" shall include the words "built", "constructed", "reconstructed" w "altered", "en- larged'', and "moved". F-m{ly One or more persons occupying the same premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel. Family Suite (1987/22) A separate dwelling unit located within a single family dwelling subordinate in size to the principal unit and separated from it in a manner which maintains the appearance of the building as a single family dwelling. The size of the family suite is not to exceed 1200 square feet or not more than 25% of the gross floor area of the principal unit, whichever 2.38 2.38.1 2.38.2 2.39 2.40 2.41 2.41.1 is lesser. The family suite may only be occupied by brothers, sisters, maternal parents and grandparents, in-laws and or children of the residing owners of the principal dwelling unit. In no case shall an apartment be smaller than the minimum required by health and building codes. FrOntage The continuous distance between lot sidelines measured along the street line. Floor Area, Gross (1987/20) Gross floor area shall be the floor area within the perimeter of the outside walls of the building without deduction for hallways, stairs, closets, thickness of walls, columns or other features. I I I I I I Floor Area, Net (1987/21) · Net floor area shall be actual occupied area(s) not to include hallways, stairs, closets, thickness of walls, columns or other features which are not ~ occupied areas. Guest House A dwelling in which overnight accommodations are pro- vided or offered for transient guests for compensa- tion. The term "guest house" shall be deemed to in- clude tourist home, but not hotel, motel or multi- family dwelling. Home Occupation An accessory use conducted in a dwelling by the resi- dents thereof which is clearly secondary to the use of the building for living purposes. Hotel or Motel A building designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite. Independent Elderly Housing A multi-family residential structure each with separate access and restricted to individuals of couples at least 55 years of age or older. This I I I I I I I I I I I I I I I I I I I I I I I I I I I 2.42 2.43 2.44 2.45 2.46 2.47 2.48 2.49 2.50 2.51 definition shall not be construed to prevent mentally or physically impaired people from living with an occupant or occupants of an independent elderly housing unit. Loading Bay An opening in a building not less than ten feet in width and nine feet in height including a platform for loading and unloading goods, merchandise or other materials. Lot An area of land in one ownership with definite boun- daries ascertainable by recorded deed or plan. Lot, Co~ner A lot abutting upon two (2) or more streets at their intersection. Lot Lines The property lines bounding the lot. Lot Line, Front The line separating the lot from a street. Lot Line, Rear The lot line opposite and most distant from the front lot line. Lot Line, Side Any lot line other than a front or rear lot line. Lot Line, Street A lot line separating the lot from a street or alley (usually the front lot line). Mean High Water Mark (Lake Cochichewick) an elevation of 113.67 on the United States Coast and Geodetic Survey datum. Medical Center A building or group of buildings designed for the individual or group practice of medicine or den- 2,52 2.53 2.54 2.55 2.56 2.57 2.58 2.59 2.60 tistry, but not including hospitals or nursing homes. No Cut Zone An area where no trees, shrubs or bushes shall be cut. Non-Conform{ng Use A building, structure or use legally existing and/or used at the t~me of adoption of this By-Law, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Office, Business A primary use consisting of office activities of any type, including business and financial office activi- ties (including banks and financial institutions) and professional office activities. Office, Professional A primary use consisting of office activities by a doctor, dentist, architect, lawyer, engineer or other professional person or persons. ParkingArea, Private An open area for the same uses as a private parking garage. Parking Garage, Private A structure used for the p~rking of automobiles and available to employees, clients or customers whether for a fee or free. Parking Garage, Public Any parking garage, other than a private parking garage, which is open to the public and used for the storage of motor vehicles. Personal Service Establishment An establishment providing personal' services to the public such as shoe repair, barbering, dry cleaning, etc. Place of Worship I I I I I I I I I I I I I I I I ! I I 2.61 2.62 2.63 2.64 2.65 2.66 A church, temple, synagogue, mosque or other similar place of worship, including parish house, rectory, or convent. Planning Board The Planning Board of the Town of North Andover as governed by the General Laws of Massachusetts. Public Building or Use A building or use owned or operated by a local, county, state or federal governmental agency. Rooming House Any building or portion thereof containing more than two and less than ten rooms without kitchen facilities that are used, ranted or hired out to be occupied or that are occupied for sleeping purposes for compensation, whether the compensa- tion be paid directly or indirectly. Special Permit The words Special Permit where used in this By-Law shall mean a permit granted under the guidelines of Section 9 of Chapter 40-A of the General Laws. Special Permit Granting Authority The Planning Board shall be the granting authority of all Special Permits to Cluster Development, Planned Development District, (1985/15) driveways, nursing and convalescent homes and large estate condominium conversions. The Board of Selectmen shall be the granting authority of all Special Permits pertaining to non-accessory signs as specified in Section 6.52 of this By-Law. The Board of Appeals shall be the granting authority of all other Special Permits allowed in this Zoning By-T~w. Special Pe~..,{t Use A use of a building or lot or an action upon premises which may be permitted under this By-Law only upon application to the appropriate Special Permit Granting Authority for a Special Permit and subject to the approval of such Permit Granting Authority and the conditions stipulated. 2.67 2.68 2.69 2.70 2.71 2.72 2.73 2.74 Street A public way or a private way open to travel by the general public, or a way shown on a plan of a sub- division theretofore duly approved by the Planning Board. Structure Means a combination of materials to form a construc- tion that is safe and stable, including, among others, buildings, stadiums, tents, reviewing stands, platfozms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and display signs; the te~m structure shall be construed as if followed by the words "or part thereof". Town House An attached house in a row of three or more such houses capable of being sold as an independent dwelling with its own lot, as provided by the By-Law. Tributary Any portion of any brook, stream, bog, swamp or pond which flows into Lake Cochichewick. I I I I I I I I I Yard (setback) I An open space which lies between the principal building or group of buildings and a lot line. Yard, Front (setback) An open space extending across the entire width of a lot between any building thereon and the street lot line of the lot on which such building stands. Yard, Rear (setback) An open space extending across the entire width of a lot between the rear of any building thereon and the rear lot line of the lot on which such building stands. I I I I I I Yard, Side (setback) An open space between the side line of a lot and the adjacent side of any building thereon, such open ,0 I I I I I I I I I I I I I I I I I I I 2.75 2.76 2.77 space being understood to cover the entire extent between the front yard and the rear yard on such a lot. (1985/25) See 2.30.1 Planned Development District 1. Planned Development District - A Planned Develop- ment District shall mean development of an area of land as a single entity, which lies in an Indus- trail-S (I-S) District, in which a mixture of resi- dential, open space, commercial, and/or industrial uses, and a variety of building types and designs are determined to be sufficiently advantageous to render it appropriate to grant a Special Permit to depart from the normal requirements of the district in which the PDD is to be located, to the extent authorized by this Zoning By-Law. 2. Usable Open Space - The part or parts of land or structure within a PDD which are reserved for active or passive recreation use. This space shall exclude parking areas, driveways, and walkways and open areas in commercial areas such as cafes and shall be open and unobstructed to the sky. Trees, plantings, arbors, fences, sculpture, fountains, swimming pools, open-air recreational facilities, laundry apparatus and similar objects shall not be considered ob- structions. Public ParkingArea A parking area owned and maintained by the Town of North Andover. 1! SECTION 3 ZONING DISTRICTS AND BOUNDARIES 3.1 Establishment of Districts The Town of North Andover is hereby divided into zoning districts designated as follows= Residence 1 District (R-l) Residence 2 District (R-2) Residence 3 District (R-3) Residence 4 District (R-4) Village Residential District (VR) Residence 5 District (R-5) Business 1 District (B-l) Business 2 District (B-2) Business 3 District (B-3) Business 4 District (B-4) Village Commercial District (VC) General Business District (G-B) Industrial 1 District (I-1) Industrial 2 District (I-2) Industrial 3 District (I-3) Industrial S District (I-S) Flood Hazard District Watershed Protection District 3.2 Zoning Map The zoning districts established by this By-Law are bounded as shown on a map entitled "Zoning Map of the Town of North Andover, dated May 12, 1972, as the same may be adopted by the Town, and as it may hereafter be amended. Said map ac- companies and is hereby made a part of this By Law. Any land area not designated upon said map as being within another zoning district shall be within the "Residence-2 District" The Flood Plain District is defined as all areas so desig- nated on maps entitled "Flood Insurance Rate Maps" (FIRM) and Flood Boundary and Floodway Maps" dated June 15, 1983 and as it may hereafter be amended, on file with the Town Clerk, incorporated by reference herein. 3.3 District Boundaries Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the Building Inspector shall determine the location of such boundaries. In reaching any such determination, the Building Inspector may properly rely upon the accuracy of the land area descrip- tions appearing in the Zoning By-Law adopted by the Town in 1'956, and as thereafter amended, insofar as any of them may ii I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I be pertinent thereto. 3.4 Historic Districts (1987/16) Historic Districts established pursuant to the provisions of MGLC.40C, as may be from time to time amended, shall be indicated on the Zoning Map by appropriate symbols. 13 SECTION 4 4.1 4.11 BUILDINGS AND USES PERMITTED District Use Regulations General Provisions (1) (2) In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or parts thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly pro- hibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit (1985/26). When a lot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the provisions, regula- tions and restrictions of this By-Law shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. (3) (4) When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning By-Law applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district boundary, but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided. Accessory uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as not to alter the character of the premises on which they are lo- cated nor impair the neighborhood. Where manu- facturing of any kind is allowed as an accessory use, it shall be restricted to such light manu- facturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer. No private or public (1985/20) way giving access to a building or use not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. I I I I I I I I I I I I I I I I I I 4.12 4.121 Perm{tted Uses Residence 1 District Residence 2 District Residence 3 District (1) (2) (3) One family dwelling, but not to exceed one dwelling on any one lot. Place of worship. Rooming house, renting rooms for dwelling pur- poses or furnishing table board to not more than four (4) persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name place or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. (4) For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: a) Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b) The use is carried on strictly within the principal building; c) There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings; d) Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1,000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits; e) There will be no display of goods or wares visible from the street; f) The buildings or premises occupied shall not 15 (6) (7) be rendered objectionable or detrimental to the residential character of the neighbor- hood due to the exterior appearance, emis- sion of odor, gas, smoke, dust, noise, dis- turbance, or in any other way become ob- jectionable or detrimental to any residen- tial use within the neighborhood; g) Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. a) Agriculture, horticulture, floraculture, viviculture or silvaculture. (1986/100) b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (1986/ 100) e) The sale of products of agriculture, horticulture, floraculture, viviculture or silvaculture as well as accessory or customary items, by any person who is primarily engaged in any of the above activities. The operation must be on at least 10 contiguous acres used primarily for any of these activities. (1986/100) Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall 16 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (8) (9) or fence at least four (4) feet in height to be determined by the Building Inspector to pre- vent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. Museums. a) Public and Private non-profit educational facilities. (1986/17) b) Private for profit educational facilities by Special Permit. (1986/17) (10) Public building and public service corporations (Special Permit required), but not including public works garages. (11) Golf course. (12) Swimming and/or tennis clubs shall be permitted with a Special Permit. (13) Cemetery. (14) Nursing and convalescent home - see dimensional requirements of Table 2 (Special Permit re- quired). (15) Municipal recreational areas. (16) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. (17) Family Suite - a separate dwelling unit within or attached to a dwelling for a member of a household is allowable by Special Permit pro- vided: a) b) The dwelling unit is not occupied by anyone except brothers, sisters, maternal and pa- ternal parents and grandparents, or children of the residing owners of the dwelling unit; That the premises are inspected annually by the Building Inspector for conformance to this section of the By-Law; 4.122 c) The Special Pe~,~it shall be recorded at the North Essex Registry of Deeds. (18) Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. (19) Day Care Center by Special Permit (1985/23) (20) Independent Elderly Housing by Special by Special Pe£mit in Res. District 3 only. Residence 4 District (1) One residential building per lot. (2) Place of worship. (3) Renting rooms for dwelling purposes or furni- shing table board to not more than four persons not members of the family resident in a dwelling so used, provided there be no display or adver- tising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. {4) For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply= a). Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b) The use is carried on strictly within the principal building; c) There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings; d) Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1,000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, 18 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (7) commodities or products which occupy space beyond these limits; e) There will be no display of goods or wares visible from the street; f) The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighbor- hood due to the exterior appearance, emis- sion of odor, gas, smoke, dust, noise, dis- turbance, or in any other way become ob- jectionable or detrimental to any residen- tial use within the neighborhood; g) Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent 19 (8) (9) (lO) (11) (12) the entrance of persons other than those re- siding at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. (13) (14) Museums. I I ! a) Public and Private non-profit educational facilities. (1986/17) I b) Private for profit educational facilities by Special Permit. (1986/17) Municipal building or use, and public service corporation use (Special Permit required). (1986/18) Golf course. I I I Swimming and/or tennis clubs shall be permitted with a Special Permit. Cemetery. I One or two-family dwellings, including the right to convert any existing dwelling to accommodate not more than five family units by Special Permit from the Zoning Board of Appeals after a public hearing with due notice given, pro- vided: No major exterior structural changes shall be made which alter the character of the existing neighborhood. The right to convert shall apply to any dwelling under the ownership of one single person, partnership or corporation to be converted for use as a dwelling of not more than five family units, and meeting all requirements of the State and Town Statutes and Bylaws, including the Health Codes, Building Codes, Zoning Laws, and Zoning Bylaws. a) b) Stairways leading to the second or any higher floor shall be enclosed. (1987/24) (15) Municipal recreational areas. (16) Guest or rooming houses. (17) Nursing and convalescent homes - see dimen- 2o I I I I I I I I I I I I I I I I I il I I 4.123 sional requirements of Table 2 (Special Permit Required). (18) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall be not injurious, noxious, or offensive to the neighborhood. (19) Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. (20) Day Care Center by Special Permit (1985/23) (21) Congregate Housing for Elders - Special Permit a) In the R-4 zone the Planning Board may grant a special permit for congregate housing consistent with special permit criteria and procedures set forth in Section 10.3 of this bylaw. b) The maximum allowable FAR for congregate housing shall be 0.30 in the R-4 District (7 units). c) In no instance shall any new or pre-existing building used for congregate elderly housing have more than 14 dwelling units. d) Ail dimensional criteria established in Section 7, Table 2 Summary of Dimensional Regulations shall apply to all structures used for congregate housing purposes. Village Residential District (1987/11) (1) Single family residential structures. (2) Two family residential structures. (3) Multi-family residential structures, not exceeding 5 dwelling units per structure. (4) Place of worship. (5) Renting rooms for dwelling purposes or furnishing table board to not more than four persons not members of the family resident in in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to (6) (7) exceed (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. For the use of a dwelling in any residential district or multi-famiy district for a home occupation, the following conditions shall apply: ms Cs es Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling. The use is carried on strictly within the principal building. There shall be no exterior alterations, accessory building, or display which are not customary with residential buildings. Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1,000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities, or products which occupy space beyond these limits. There will be no display of goods or wares visible from the street. g$ The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighbor- hood due to the exterior appearance, emissions of odor, gas, smoke, dust, noise, disturbances, or in any way become objectionable or detrimental to any residential use within the neighborhood. Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. (8) a. Farming of field crops and row crops, truck 22 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I '1 I I I (9) (lo) (1~) (1~) (13) (14) (15) (16) gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or birds; but not the keeping of any animals, birds, or pets of persons not resident of such lot. Ce On any lot of least ten (10) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy faz~,s, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. Swi~mning pools in excess of two (2) feet deep shall be considered a structure and permitted provided they enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the ,dwelling, except by Special Permit. Museums Educational facilities Municipal building and public service corpor- ation use (Speciial Permit required) Golf course. Swimming and/or tennis clubs shall be permitted with a Special Permit Cemetery One or two-family dwellings, including the right to convert an existing dwelling to accommodate not more than five family units by Special Permit from the Zoning Board of Appeals after a 23 4.124 public hearing with due notice given, provided~ ! No major exterior structural changes shall be made. The right to convert shall apply to any dwelling under the ownership of one · single person, partnership, or corporation to be converted for use as dwellings of not more than five family units, and meeting · all requirements of the State and Town Statutes and Bylaws, including Health Codes Safety Codes, Building Codes, Zoning' Laws · and Zoning Bylaws. Stairways leading to the second or any higher floor shall be enclosed. (17) Municipal recreational areas. (18) Guest or rooming houses. (19) Nursing and convalescent homes--see dimensional requirements of Table 2 (Special Permit Required). (20) Any accessory buildings no larger than sixty- four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. (21) Day Care Center by Special Permit (1985/23) Residence 5 District (1) One-family dwelling. (2) Place of worship. (3) Renting rooms for dwelling purposes or fur- nishing table board to not more than four (4) persons not members of the family resident in used, provided there be no display dwelling SO or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. (4) For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: a) Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b) the use is carried on strictly within the principal building; c) There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings; d) Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1,000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits; e) There will be no display of goods or wares visible from the street; f) The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighbor- hood due to the exterior appearance, emis- sion of odor, gas, smoke, dust, noise, dis- turbance, or in any other way become ob- Jectionable or detrimental to any resi- dential use within the neighborhood; g) Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries and green houses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal 25 (7) (8) (9) (lo) (11) (12) (13) (14) (15) (~6) or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy faz,,,s, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be de- re,mined by the Building Inspector to prevent the entrance of persons other than those re- siding at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Specail Permit. Museums. Public building or use and public service cor- porations (Special Permit required), but not in- cluding public works garages. a) Public and Private non-profit educational facilities. (1986/17) b) Private for profit educational facilities by Special Permit. (1986/17) Golf course. Swimming and/or tennis clubs shall be permitted with a Special Permit. Cemetery. Town houses. Guest or rooming houses. Nursing or convalescent homes - see dimen- sional requirements of Table 2 (Special Permit required). 26 I I I I I I I I I I I I I I I I Ii I I I I I ,I I I I I I I I I I I I I I I I 4.125 (17) (18) (19) (20) (21) Multi-family dwellings. Professional offices on the ground floor of multi-family dwelling structures. (Floor area utilized for offices shall reduce the total floor space ordinarily permitted for residential use on a proportional basis. Each one-thousand (1,000) square feet or part thereof of such floor space shall reduce the permitted number of dwelling units by one). Hotel or motel (Special Permit required). Parking, indoor storage and other accessory uses assocated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. (22) Day Care Center by Special Permit (1985/23) Business 1 District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (4) Eating or drinking uses may be permitted only as a secondary use within a permitted primary use. (5) (6) (7) (9) Place of worship. Non-profit school. Public building or use and public service cor- poration. Art gallery. Residential uses including one and two family dwellings. Apartments shall be allowed where such use is not more than fifty percent (50%) of the total floor space in the building. 27 4.126 (10) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (11) Swimming and/or tennis clubs shall be permitted with a Special Permit. (12) Parking, indoor storage and other accessory uses customarily associated with the above uses, pro- vided that such accessory use shall not be in- jurious, noxious, or offensive to the neighbor- hood. (13) Day Care Center by Special Permit (1985/23) Business 2 District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance offices. (4) Business and other offices. (5) Public building or use and public service corporation. (6) Art gallery. (7) Swimming and/or tennis clubs shall be permitted 28 I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I ! I I ! with a Special Permit. (8) Place of worship. (9) Eating and drinking establishments. (10) Nonprofit school or private school for profit or museum. (11) Indoor place of amusement or assembly. (12) Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline). (13) Medical center, clinic or medical laboratory. (14) FUneral Parlor. (15) Multi-family dwellings and town houses (with Special Permit). (16) Public parking garage. (17) Taxi depot. (18) (19) Printing and reproduction. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the hOusehold pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. (20) Residential use where such use is not more than fifty percent (50%) of the total floor space in the structure. 4.127 (21) Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be noxious, in- jurious, or offensive to the neighborhood. (22) Day Care Center by Special Permit (1985/23) Business 3 District (1) Retail establishments. (2) Personal service establishments. (3) Professional offices, banks, real estate offices and insurance companies. (4) Business and other offices. (5) Public building or use and public service corporation. (6) Art gallery. (7) Swi~ing and/or tennis clubs shall be pe&mitted with a Special Permit. (8) Place of worship. (9) Eating and drinking establishments. (10) Nonprofit school or private school for profit or museum. (11) Indoor place of amusement or assembly. (12) Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline). (13) Medical center, clinic or medical laboratory. (14) Funeral parlor. (15) Public parking garage. (16) Taxi depot. (17) Printing and reproduction. (18) Research and development facilities. New car sales but not to include outdoor car (19) sales lots accommodating more than ten (10) used 30 I I I I I I I I I I I I I I I il I I (20) a) b) c) d) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. On any lot of at lease three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and Poultry batteries. The sale of products raised as a result of the above uses on the subject land. (21) Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. (22) Day Care Center by Special Permit (1985/23) 4.128 Business 4 District (1) (2) (3) (4) (5) (6) Research and development facilities. Business, professional and other offices. Accessory retail, personal service and eating and drinking use shall be permitted in an amount not to exceed ten (10) percent of total gross floor area of the principal uses. Place of worship. Nonprofit school or private school for profit or museum. Public building or use and public service cor- porations. 4.129 (7) (9) (10) (11) (12) (13) Hotel or motel (limited to one in each 2,000 linear feet of street or highway as measured along centerline). Medical center, clinic or medical laboratory. Nursing and convalescent homes. See dimensional requirements of Table 2. Art gallery. Swii~u~ing and/or tennis clubs shall be permitted with a Special Pea.~t. Printing and reproduction. a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal. or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (14) Parking, indoor storage and other accessory uses associated with the above uses, provided that such use shall not be injurious, noxious or offensive to the neighborhood. (15) Day Care Center by Special Permit (1985/23) Village Commercial District (1987/1'2) (1) Retail stores and wholesale stores, salerooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, I I I I I I I I I I I I I I I I I I I I I not involving automotive sales or manufacturing; also retail bakeries or confectionaries. retail (2) Banks, offices and municipal, civic or public service buildings, such as post office, telephone exchanges, town offices, school, I library, museum, place of worship, local passenger station. I I I (3) Hall, club, theatre, or other place of amusement of assembly. (4) Restaurant, dining room or lunch room. (5) Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. (6)a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. I I I b. On any lot of at least five (5) acres, the keeping of a total of not more than five (5) of any kind or assortment of animals or birds in addition to the household pet of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of animals, birds or pets' of persons not resident on such lot. I I I I I I 4.130 c. On any lot of at least ten (10) acres, the keeping of any animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries. d. The sale of products of agriculture, horticulture, floraculture, viviculture or silvaculture as well as accessory or customary items by the person who is primarily engaged in any of the above activities. The operation must be at least 10 contiguous acres used primarily for any of these activities. (7) Day Care Center by Special Peamit (1985/23). General Business District (1) Retail stores and wholesale stores, Salesrooms, m 33 (2) (3) (4) (5) (6) (7) (8) funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not involving manufacturing; also retail bakeries or retail confectioneries. Banks, offices, and municipal, civic, or public service buildings, such as post office, tele- phone exchange, town offices, school, library, museum, place of worship, local passenger station. Hall, club, theatre, or other place of amusement or assembly. Automobile service.and filling stations, auto- mobile storage and repair garages, including automobile body repairs and painting, and auto- mobile sale agencies for new and used cars, pro- vided there be not displayed or stored outdoors on such premises more than twenty-five (25) automobiles or other vehicles. Restaurant, dining room or lunch room. Residential use where such use is not more than fifty percent (50%) of the total floor space in the structure. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. a) Famming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least five (5) acres, the keeping of a total of not more than five (5) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stud farms, dairy farms, and poultry batteries. 34 I I I I I I I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I I 4.131 d) The sale of products raised as a result of the above uses on the subject land. (9) Day Care Center by Special Permit (1985/23) Industrial I District (1) Research and development facilities. (2) Business, professional and other offices. (3) Retail and Food uses shall be permitted if they are accessory to the principal use and are primarily intended to service the principal use. No more than ten percent (10%) of the gross floor area of the principal use may be devoted to accessory use. Where there is more than one principal use each use may only have 10% of gross floor area (GFA) devoted to any accessory use. (Refer to Section 2.21, Definition of Accessory Use Structure). (1987/25) (4) Place of worship. (5) NonprOfit school or private school for profit. (6) Public building or use and public service cor- porations. (7) Medical center, clinic, or medical laboratory. (8) Art gallery or museum. (9) Swimming and/or tennis clubs and/or indoor ice skating facilities shall be permitted with a Special Permit. (10) Printing and reproduction. (11) Helistop (defined as a landing and take-off place for a helicopter, but not including facilities for storage or major repair of helicopters). Special Permit required. (12) Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, 35 4.132 vibration, light or other adverse environmental effect. (13) a) b) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping, of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. (14) (15) (16) (17) c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy fa~,s, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land Warehousing and wholesaling shall be permitted only as a secondary use. Golf course. Parking, indoor storage and other accessory uses customarily associated with the above uses, pro- vided that such accessory use shall not be in- jurious, noxious, or offensive to the neighbor- hood. Day Care Center by Special Pe£mit (1985/23) Industrial 2 District (1) Research and development facilities. (2) Business, professional, and other offices. (3) Retail and Food uses shall be permitted if they are accessory to the principal use and are primarily intended to service the principle use. No more than ten percent (10%) of the gross floor area of the principal use may be devoted to accessory use. Where there is more than one principal use each use may only have 10% of gross 36 I I I I I I I I I I I ! I I I I i I I floor area (GFA) devoted to any accessory use. (Refer to Section 2.21, Definition of Accessory Use Structure) (1987/25) (4) Place of worship. (5) Nonprofit school or private school for profit. (6) Public service corporation and energy or re- source recovery facility. (7) Medical center, clinic, or medical laboratory. (8) Art gallery. (9) Swimming and/or tennis clubs shall be permitted with a Special Permit. (10) Printing and reproduction. (11) Helistop (defined as a landing and take-off place for a helicopter, but not including facilities for storage or major repair of helicopters). Special Permit required. (12) Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing, or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light, or other adverse environmental effect. (13) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b) On any lot of at least three (3) acres, the keeping of~a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c) On any lot of at least ten (10) acres, the keeping of any number of animals or birds 37 4.133 (14) (15) (16) (17) (18) regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subjet land. Warehousing and wholesaling. Golf course. Lumber or other building m~terials storage or sales, fuel storage or contractor's yard, pro- vided all outdoor uses are enclosed by a fence of five (5) feet or more in height. Bus garage. Automobile service station (limited to one in each 2,000 linear feet of street or highway as measured along centerline). (19) (2O) (21) (22) Car wash. Automobile or other motor vehicle repair, pro- vided all activities are within an enclosed building. Veterinary hospitals and kennels, provided all activities are within an enclosed building. Parking, indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. (23) Day Care Center by Special Permit (1985/23) Industrial 3 District (1) Public ~uildings. (2) Public garages and accessory buildings. (3) Public service corporations. (4) Public sanitary disposal site. (5) Public storage of equipment. (6) All uses pe£~,itted in the Industrial 1 District. 38 I I I I I I I I I I I I I I I I i I I 4.134 (7) Day Care Center by Special Permit (1985/23) Industrial "S" District (1) (2) (3) (4) (5) (6) (7) (8) Research and development facilities. Business, professional and other offices. Place of worship. Nonprofit school or private school for profit. Public building or use and public service cor- poration. Printing and reproduction. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, other commercial non-retail activity, provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. Premises of a bank, post office, telephone ex- change or telephone business office, local bus passenger station, or business office buildings. By Special Permit, an automobile service and filling station, a diner, a restaurant, a retail food store, but no other retail stores of any kind. (9) Warehousing and wholesaling. (10) Lumber or other building materials storage or sales, fuel storage, or contractor's yard, pro- vided all outdoor uses are enclosed by a fence of five (5) feet or more in height. (11) Bus garage. (12) Any accessory use customarily incident to any of the above permitted uses, provided that such use shall not be injurious, noxious, or offen- sive to the neighborhood. (13) a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. 39 4.135 b) c) On any lot of at least three (3) acres, the keeping of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to nine (9) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. On any lot of ay least ten (10) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d) The sale of products raised as a result of the above uses on the subject land. (14) Day Care Center by Special Permit (1985/23) Watershed Protection District (1) Purpose: The Watershed Protection District surrounding Lake Cochichewick, the Town's sole source of public drinking water supply, is intended to preserve and maintain the filtration and purification function of the land, the ground water table, the purity of the ground water, and the lake; to conserve the natural environment; and to protect the public health, safety, and welfare. b) The Lake Cochichewick Watershed Plan (August 1987), prepared by I.E.P. Inc. for the Town of North Andover, is a comprehensive study of the lake and it's watershed. The Watershed Protection District is a portion of the I.E.P. study's recommended management plan. Copies of the I.E.P. report are available for review in the Planning Board office. c) The Watershed Protection District is herein established as an overlay district and shall be superimposed on the other districts established by this bylaw. The requirements enumerated hereafter for this Watershed Protection District shall be in addition to, 40 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (2) rather than in place of, the requirements for such other district· ~) The Special Permit Granting Authority (SPGA) under this bylaw shall be the Planning Board. Boundaries: a) District Boundaries II. Boundaries of the Watershed Protection District are shown on Attachment 1, entitled Subdrainage A~eas (dated August, 1985) and contained in the I.E.P. Report - Lake CoChichewiCk Watershed Plan. That map is hereby made a par--~ of this bylaw and is on file in the office of the Town Clerk. The Zoning Map's Lake Cochichewick watershed boundary shall conform with the aforementioned I.E.P. map. In the event that the SPGA determines, on the basis of credible evidence before it, that there exists a significant doubt or dispute concerning the proper location of boundaries of the Watershed Protection District on any individual lot or lots, the SPGA shall, at the request of the owner of such lot or lots, engage a Registered Professional Engineer to advise it in dete£mining such boundaries. The owner making such request shall reimburse the SPGA for the cost of such Engineer. Upon completion of the Engineer's report to the SPGA, the SPGA shall hold a hearing to make a final determination of such boundaries. At such hearing, such report shall be deemed evidence sufficient to establish the location of the boundary. III. When the Watershed Protection District boundary divides a lot of record on June 28, 1978, in one ownership, the intent of the zoning regulation set forth in this zoning bylaw applying to the greater part by area of such lot so divided shall be deemed to apply and govern at and beyond such Watershed Protection District boundary, but only 41 to the extent not more than one hundred (100) linear'feet in depth (at a right angle to such boundary) into the lesser part by area of such lot so divided, provided, hoewever, that where the premises are partially outside of the Watershed Protection District, potential pollution sources such as on-site waste disposal systems, shall be located outside of the District to the extent feasible. b) Buffer Zones There shall exist a Non-Disturbance Buffer Zone which shall consist of all land areas located within two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick or within one hundred (100) feet horizontally from the edge of all resource areas (as defined in MGL C. 131, s. 40, and the Town Wetlands Bylaw) located within the Watershed. II. I I I There shall exist a Non-Discharge Buffer Zone which shall consist of all land areas located between two hundred fifty feet (250) and three hundred twenty-five feet (325) horizontally from the annual mean high water mark of Lake Cochichewick or between one hundred (100) feet and three hundred twenty-five (325) feet horizontally from the edge of all resource areas, as defined in MGL C. 131, s. 40, and the Town Wetland Bylaw, in the Watershed. III. Buffer Zones - Overview~ Non-Disturbance Zone Non-Discharqe Zone From Annual High Water Mark of Lake Cochichewick out to... 250' 325' I From Edge of All Resource Areas within the Watershed District out to... (3) Allowed Uses 100' 325' I I I I I I I I I I I I I I I I I I I I I I Within the Watershed Protection District, the following uses shall be allowed~ a) b) c) d) Ail uses associated with the operation of a water treatment facility for municipal water supply purposes and any activities associated with the provision of public sewer by the Town of North Andover. Ail agricultural uses. Routine maintenance of any existing use of property, including the maintenance and improvement of existing roadways and drainage systems by the North Andover Department of Public Works. The maintenance of fire access lanes by the North Andover Fire Department shall be allowed. e) Permitted uses as allowed in Section 4.121. (4) Prohibited Uses Within the Watershed Protection District, the following uses are specifically prohibited~ a) Any solid water facility, as defined by MGL C. 111, s. 150A. b) Municipal sewage treatment facilities, not including sewer lines, pump stations and other accessory sewer system equipment used to transport sewage to a treatment facility located outside of the Protection District. c) e) f) Privately owned wastewater treatment plants. Road salt or other deicing stockpiles. Any underground tanks or collection pits for the storage of fuel or other hazardous materials, including any tanks or collection pits partially below mean ground elevation but excluding any tanks located completely within a building otherwise pezmitted under this section. Dumping of snow from outside the District. 43 g) h) J~ k~ l) m~ n) o) P) q) r) s) t) u) v) Motor vehicle salvage operations and junk yards. Car washes. Self-service laundries, unless connected to public sewerage. Airplane, boat, and motor vehicle service and repair establishments (including auto body shops). Metal plating, finishing, or polishing. Chemical and bacteriological laboratories. Electronic circuit assembly. Hotels or motels, unless connected to public sewerage. Painting, wood preserving and furniture stripping establishments. Photographic processing establishments. Printing establishments. Dry cleaning establishments. Storage of herbicides, pesticides or fertilizers, other than in amounts no£mally associated with household or an existing agricultural use of the property. Commercial cabinet or furniture making. Commercial storage or sale of petroleum or other refined petroleum. Commercial manufacture, storage, use, transportation or disposal of any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential, hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land in waters of this Town, including but not limited to organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids, and alkalis, and all substances defined as Toxic or Hazardous under MGL C. 44 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 21C and C. 21E and the regulations promulgated thereunder, and also including pesticides, herbicideS, and solvents and thinners. w) Restaurants and commercial kitchens. (5) Uses Allowed by Special Permit a) Within the Watershed Protection District the following uses shall be allowed only by special permit issued pursuant to this section: b) c) Golf courses, either for public or private use. II. Any other use not provided for elsewhere in this section. Within the Non-Discharge Buffer Zone, the following activities shall be allowed only by Special Permit issued pursuant to this section: Any surface or sub-surface discharge, including, but not limited to, sto£m water run-off, domestic or industrial waste water, drainage of any roadway that is maintained by the Department of Public Works or any private association, outlets of all drainage swales, outlets of all detention ponds, and septic systems including leaching facilities. Within the Non-Disturbance Buffer Zone, the following uses shall be allowed only by Special Pemmit issued pursuant to this sections Any activities which cause a change in topography or grade. II. Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of landscaped areas. III. Construction or replacement or any permanent structure. IV. Any surface or sub-surface discharge, including, but not limited to, storm water run-off, domestic or industrial waste water, drainage of any roadway that is maintained by the Department of Public Works or any private association, outlets of all drainage swales, outlets of all detention ponds, and septic systems including leaching facilities. Additional Requirements within the Non-Disturbance and Non-Discharge Buffer Zones I I I I Within the Non-Disturbance Buffer Zone and the Non-Discharge Buffer Zone, any runoff from m impervious surfaces, other than driveways, rooftops, walkways and patios servicing single family dwelling, shall, to the extent possible, · be recharged on site and diverted toward areas covered with vegetation for surface infiltration. Where on-site recharge is not feasible due to soil or other natural · conditions, other mitigating measures such as sedimentation ponds, filter berms, or renovating wetlands, shall be used to the extent · practicable. Dry wells shall be used only where other methods are not feasible, and after approval by the Board of Health, the Building Inspector and the Department of Public Works to assure that the methods used for on-site and/or infiltration shall remain effective. ! I (7) Special Permit Granting Authority Eight (8) copies of an application for a special permit under this section shall be filed with the SPGA by the applicant. Special permits shall be granted if the SPGA determines that the intent of the Bylaw, as well as its specific criteria, are met. In making such determinations, the SPGA shall give consideration to simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality ~hich would result if the control measures failed. a) Upon receipt of a special permit application, the SPGA shall transmit one · copy each to the Division of Public Works, Fire Chief, Title III Committee, Division of Planning and Coa-~unity Development, · Conservation Commission, and the Board of b) I I I I I I I I ! I I I I I I I c) d) Health for their written recommendations. Failure to respond in writing within thirty days shall indicate approval or no desire to comment by said agency. Any special permit issued under this section for a new permanent structure (other than an accessory structure or expansion of an existing structure by less than fifty percent of its floor area) or a septic system shall require that such structure or system be constructed more than two hundred fifty (250) feet horizontally . from the annual mean high water mark of Lake Cochichewick and more than one hundred (100) feet horizontally from the edge of all resource areas as defined in M.G.L.c. 131, s. 40, and the Town Wetlands By-law. Special Pe£mits under this section shall be granted only if the SPGA dete£mines, after the time for co~,u~Lent by other Town agencies as specified above has elapsed, that, as a result of the proposed use in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick, and further that groundwater quality resulting from on-site water disposal and other on-site operations will not fall below Federal or State standards for drinking water at th9 down gradient property boundary. Such showing shall include, at a minimum, a written certification by a Registered Professional Engineer, or other Environmental Scientist, educated in and possesing extensive experience in the science of hydrology and hydrogeology, as to the above impact. The applicant must also show that there is no reasonable alternative location, outside of the Non-Disturbance Buffer Zone or Non-Discharge Buffer Zone, whichever is applicable, for any discharge associated with the proposed use to occur. Submittal requirements necessary to make determinations shall be specified by the SPGA and listed 'in the application form for Special Permit. The following items shall also be required~ I. Evidence of approval by the Mass. e) II. Dept. of Environmental Quality Engineering (DEQE) of any industrial waste treatment or disposal system or any waste treatment system of 15,000 gallons per day capacity. (8) Violations Projections of downgradient concentra- tions of nitrogen, phosphorus and other relevant chemicals at property boundaries and other locations deemed pertinent by the Planning Board, prepared by Registered Professional Engineer, or .~ther Environmental Scientist, who is qualified to make such projections by education and experience in the science of hydrology and hydrogeology. The SPGA may also require that supporting materials be prepared by other professionals including, but not limited to, a registered architect, registered landscape architect, registered land surveyor, registered sanitarian, biologist, geologist or hyrologist when in its judgement the complexity of the proposed work warrants the relevant specialized expertise. Special permit application forms are available in the Planning Board office. Provisions shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials, and indoor storage provisions for corrodible or dissolved materials. For operations which allow the evaporation of toxic materials into the interior of any structures, a closed vapor recovery system shall be provided for each structure to prevent discharge or contaminated condensate into the ground water. For any toxic or hazardous waste to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL C. 21C. I Written notice of any violation of this Bylaw shall be provided by the SPGAAgent to the owner i of the premises specifying the nature of the violation. The Agent of the SPGA shall request of the violator a schedule of compliance, including cleanup of spilled materials. Such I schedul? shall allow for the immediate corrective action to take place. This compliance schedule must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than thirty (30) days be allowed for either compliance or finalization of a plan for longer term of compliance. Said schedule of compliance shall be submitted to the SPGA for approval subsequent to the violation. Said agent of the SPGA shall notify the Building Inspector of any violations of the schedule of compliance or of any failure to satisfy the requirements of this paragraph. I I I I I ! i I I I I I (9) Serverability If any portion, sentence, clause or phrase of this regulation shall be held invalid for any reason, the remainder of this Bylaw shall continue in full force. 4.136 Flood Plain District (1) Flood Plain District The Flood Plain District is herein established as an overlay district. The underlying per- mitted uses are allowed provided that they meet the Massachusetts State Building Code dealing with construction in floodplains and the following additional requirements. The Flood Plain District includes all special flood hazard areas designated as Zone A, A1-30 on the North Andover Flood Insurance Rate Maps, (FIRM), and the Flood Boundary and Floodway Maps, dated June 15, 1983, on file with the Town Clerk, Planning Board, Conservation Commission, and Building Inspector. These maps, as well as the accompanying North Andover Flood Insurance Study, are incorporated herein by reference. (2) Development Regulations a) Within Zone A of the Flood Plain District, I 49 4.2 where base flood elevation is not pro- vided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appro- priate, of the State Building Code. b) In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply= c) Ail encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that such encroachments shall not result in any increase in flood levels during the occurence of the 100 year flood. d) Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code. Phased Development Bylaw (1) No. of lots 1-6 7-20 21-34 35-50 51-75 76-125 126+ Building permits for the construction of single family or two family dwellings in a subdivision or on contiguous Form A lots held in common or related ownership on the effective date of this provision shall not be granted at a rate per annum greater than as permitted by the following schedule: Min..Yrs. of Max. Lots Development Developed/Yr 1 All 2 50% of total 3 33% of total 4 25% of total 5 20% of total 6 16.7% of total 7 14.3% of total (2) Lots can be sold any time for the construction of dwellings in the designated future years. However, any lots covered by this provision hereafter sold or otherwise transferred to another owner, shall include in the deed, the earliest I ! ! I I I I I I I 5o I I I I I I I I I I ! I I I I I '1 I I I (3) (4) (5) (6) (7) (8) date of which construction may be commenced in accordance with these provisions. If there is a proposed subdivision with any lots that are within 500 feet of lots in another subdivision held by common or related ownership, then both subdivisions shall be construed to be a single subdivision for the purposes of this bylaw. Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board. Subsequent changes in the shape or ownership of lots shall not render the provisions of this bylaw void. The anniversary date for each subdivision or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been obtained (e.g. Planning Board approval of Definitive Plan, Board of Health Approval, Conservation Commission Approval, etc.) Notwithstanding any prior statements to the contrary, the maximum number of building permits to be issued and outstanding at any time for lots in each subdivision and contiguous Form A lots covered by this provision shall be limited to twice the allowed annual maximum permitted for that project under the provisions of this bylaw. Allowed building permits in succeeding years shall be limited to less than the permitted maximum, if necessary, to insure that this cap is not exceeded. The Planning Board, in conjunction with the Building Inspector, shall be responsible for administering this section of the bylaw. Accordingly, the Planning Board shall adopt and publish reasonable regulations for carrying out its duties under this section. In particular, these regulations should address the conditions and processes for authorizing building permits on an annual basis. The invalidity of one or more provision or clauses of this section shall not invalidate or impair the section as a whole or any other part thereof. (1986/13) 51 SECTION 5 5 · 1 General (2) (4) (5) (6) (7) Excavation, removal, stripping, or mining of any I earth material except as hereinafter permitted on any parcel of land, public or private, in North Andover, is prohibited. ~ Exclusive Jurisdiction to issue Earth Removal Permits shall be with the Board except for · Permits allowed in Paragraphs 5.5 and 5.6. The Board or the Building Inspector shall have the authority to issue an Operating Hours Ex- tension Permit, as defined in Subsection 5.2 The Building Inspector shall have the authority to enforce all conditions of any Peil,,it issued under this Section on the Zoning By-Law. Ail earth removal operations in existence in North Andover on the effective date of this section shall be subject to the requirements stated herein. However, all Earth Removal Permits issued prior to the effective date of this Section shall remain in effect until their expiration date and/or annual review. At such time, said operation shall be subject to the provisions of this Section, unless otherwise allowed by the Board, for a period. not to exceed six (6) months. I I I I I An annual fee of One hundred dollars ($100.00) shall be required for Earth Removal Permits. Miscellaneous Earth Removal Permits shall require an annual fee of Twenty-five dollars ($25.O0). Violation of this Section of the Zoning By- Law, notwithstanding the provisions of Section 10.13, imposes a penalty of Fifty dollars ($50.00) for the first offense, One hundred dollars ($100.00) for the second and each subsequent offense. Each day of operation in violation of this section will be con- I I I I I I I I I I I I I I I I I I ! I I I 5.2 5.3 (8) sidered a separate offense. Any sanitary landfill operated by the Town of North Andover shall be exempt from the pro- visions of this Section. Definitions (2) (3) Applicant: the owner, or prospective owner by reason of a Purchase and Sales Agreement, of the land shown by the plan submitted with the Earth Removal Permit Application. Earth Materials: "earth materials" shall in- clude soil, loam, sand, gravel, clay, peat, rock, or other allied products. Earth Removal Operations: the excavation, re- moval, stripping, or mining of any earth mater- ial on any site within the Town of North Andover. (4) (5) (6) Operating Hours Extension Permit= a Pe£~it issued by the Board or the Building Inspector for an extension of the time of operation for trucking from the site until 9~00 p.m. Board: Zoning Board of Appeals. Permit: the word "Permit" in the Earth Removal Section shall mean and inlcude a Special Permit for earth removal as issued by the Special Permit Granting Authority. Application for Earth R~,~oval Pe~{t (1) Ail applicants for Earth Removal Permits must submit seven (7) copies of the following information concerning the proposed site of the removal operation to the Board thirty (30) days prior to submission of an appli- cation for an Earth Removal Pe&mit. The Board shall distribute the information to the Planning Board, Building Inspector, Conservation Commission, Board of Health, Highway Department, and Police Department, so that recommendations from these depart- ments may be submitted for the required public hearing. (2) A plan or plans to scale, (1"=40') prepared and 53 5.4 stamped by a Registered Engineer, showing the property lines of the parcel of land under con- sideration along with all abutters to the property, existing and final contours in five foot (5') elevation increments, existing and proposed final drainage of the site, including all culverts, streams, ponds, swamps, and silta- tion basins, means of entrance and egress from the property, locus map, and any other perti- nent data deemed necessary by the Board. (3) A plan, study, or report showing the proposed ultimate use of the land confoaming with the existing zoning By-Law. Proper planning for future land use shall be a prime consideration affecting thte issuance of an Earth Removal Permit. (4) A complete list of the names and addresses of current abutters of the property where such removal is proposed. (5) An operating schedule showing the active area (not to exceed five (5) acres) where the earth removal will begin and also how the total parcel will be developed in progressive five (5) acre increments. Permits for Earth Removal (z) The Board may issue Earth Removal Pe£mits for any zoning district, complete with conditions imposed, for areas not to exceed forty (40) acres. All Permits shall conform to the minimum restoration and operating standards contained herein and such other conditions as the Board may deem necessary. Said pe&mit shall allow the working of only five (5) acres at any one time. Upon completion of the earth removal operation on a five (5) acre parcel, or a part thereof, and substantial restoration of said parcel as determined by the Board, according to the restoration standards at the Permit con- ditions, application may then be made to the Board for a Permit renewal. Such Pezmit renewal shall allow the removal of earth on another five (5) acre section, as shown by the operating schedule submitted with the Pe~it application. This procedure shall be followed until the operation is completed. m m m m m m m m m m m m m m m m m m m I I I I I ! I I i ! ! I ,I I I I 5.5 (2) The Permit shall be considered a non-trans- ferable revocable Permit to remove earth materials. It it is found that incorrect information was submitted in the application, or that conditions of the Permit are being violated, or that the governing regulations are not being followed, the Permit shall be suspended until all provisions have been met and the premises made to conform. Failure of the Permit holder to comply within the time specified by the Board for correction of violations shall cause the Permit to be revoked, forfeiture of the security to the Town, and the imposition of all fines as set forth in Paragraph 5.1 (2). (3) The Board shall discuss and review the permit periodically, and at a minimum, annually. Written progressreports showing conformance with regulations and Pez-mit conditions shall be submitted to the Board by the Building Inspector or his designated agent every three (3) months. (4) An Earth Removal Pexmit shall not be in effect until the applicant has filed the proper security as required in Paragraph 5.9, paid the required fees as required by Paragraph 5.1 (6), and recorded the Special Permit at the Registry of Deeds. (5) Mechanical crushing and screening may be per- mitted by the Board after a public hearing with due notice given. Earth R~moval Incidental to Development, Construc- tion, or Improvement (1) This regulation shall be deemed not to pro- hibit the removal of such sod, loam, soil, clay, sand, gravel, or stone as may be required to be excavated for the purpose of constructing ways in accordance with lines and grades approved by the Planning Board, or for the purpose of constructing underground utilities. (2) Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. I 55 5.6 Removal will be allowed only from the the area for the building, driveways, parking areas, and from areas where removal is specifically re- quired by the Board of Health in connection with disposal systems. Where special cir- cumstances exist requiring general regrading, removal of peat, etc., the builder may file a plan and request for an additional soil re- moval permit with the Building Inspector as provided in Paragraph 5.6 below. (3) Where excavation, removal, stripping, or mining of earth on any parcel of land, public or private, is made necessary by order of any other Board or Agency of the Town, such exca- vation, removal, stripping, or mining, if in excess of one-thousand (1,000) cubic yards shall be governed by the provisions of Section 5.6 of this by-Law. (4) Excavation, removal, stripping, or mining of earth incidental to improvements shall be governed by the provisions of Section 5.6 of this By-Law. (5) Ail earth removal, excavation, stripping, or mining as allowed under this paragraph shall be governed by the provisions of Section 5.6 of this By-Law. Miscellaneous Removal of Eamhh Excavation, removal, stripping, or mining of miscellaneous amounts of earth as allowed under Section 5.5 is permitted provided the excava- tion, removal, stripping, or mining is necessary for the improvement or development of the pro- perty on which the excavation or removal takes place. (2) Excavation, removal, stripping, or mining of aggregate quantities of less than fifty (50) cubic yards on any one general site requires no formal approval. Where the excavation, removal, stripping, or mining of soil is in quantities in excess of fifty (50) cubic yards but less than one-thousand (1,000) cubic yards, application must be made to the Building In- spector for a Miscellaneous Soil Removal Permit. Where special circumstances exist which requires the excavation, removal, stripping, or mining 56 I I I I I I I I I I I I 5.7 of soil in excess of one-thousand (1,000) cubic yards, but less than five-thousand (5,000) cubic yards, a Permit may be granted by the Board for such removal without a public hearing. However, where the excavation, removal, stripping, or mining exceeds five-thousand (5,000) cubic yards, then a public hearing will be necessary and the Pe£mit granted shall indicate the approximate quantity of soil to be removed, the purpose of removal, and the location of the site of removal. The Permit shall also specify that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appro- priate section of Paragraph 5.7 (Operating Standards). It is further provided that except where removal under this Paragraph is done in connection with the formation or enlargement of a pond, excavation shall not be permitted below the mean grade of the street or road serving the property. The excavation of said pond in any event shall not be such as to change the direction or flow of a water course or to cause surface water to gather as a sump or swale. Excavations for burying large rocks and stumps shall immediately be back-filled for safety reasons. Failure to meet the requirements of this Paragraph shall be deemed a violation of thte Zoning By-Law. Operation Standards (1) Time of Operation. a) b) c) Excavation and site maintenance may be carried on from 6:30 a.m. until 7530 p.m., Monday through Saturday. Trucking from the site may be carried on from 7=00 a.m. through 6:00 p.m., Monday through Saturday. An Operating Hours Extension Permit for trucking until 9:00 p.m. for no more than three (3) consecutive days may be granted by the Building Inspector after reviewing conditions of the application. Said appli- cation shall show reason for extension of time, distance of hauling, and approximate cubic yardage to be hauled. 5? (2) Site Preparation. a) Only the active area described in the Permit application may be made ready for earth re- moval. b) No standing trees are to be bulldozed over, or slashed and bulldozed into piles. Ail trees must be cut down. All wood and brush must be piled for removal or chipping. Wood chips may remain on the site. No trees are to be buried on the site. c) Stumps shall be buried in predesignated areas as shown on application plans. d) Any change in stump burial must be sub- mitted to the Board for approval. (3) Topsoil Storage. a) Ail topsoil removed from the active removal area shall be piled for future site restora- tion. b) No topsoil shall be removed from the site until all areas have been restored and per- mission has been granted by the Board. (4) Erosion control. a) Prior to any excavation or or earth removal, adequate siltation basins shall be con- structed to prevent the run-off of silted water from the site. b) Ail excavation shall be done so as to create contours to channel run-off waters into the siltation basins. c) No siltation basin shall exceed seven (7) feet in depth. d) Siltation basins must be cleaned when sedi- ment deposits are within eighteen (18) inches of the outfall invert. (5) Dust Control. a) No earth removal operation shall create ex- I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I cessive amounts of dust or allow roads leading into or from a site to become ex- cessively dust prOducing. b) Proper dust control methods shall be approved by the Building Inspector. (6) Excavation Near Brooks. a) b) c) No excavation shall be made which will alter the natural way or existing elevation of a brook, stream, or river. Ail banks of brooks, streams, and rivers shall be reconstructed to be aesthetically attractive and of sufficient height to prevent abutting properties from flooding. Said bank height shall be computed, for a fifty (50) year storm for all brooks, streams, and rivers up to eight (8) feet in width and two (2) feet in depth; and for a one-hundred (100) year storm for all brooks, streams, and rivers which exceed this size. (7) Site Screening. a) b) An immediate program of site screening shall start when site preparation begins. Ail entrances shall be screened with exis- ting vegetation, evergreens, or other suitable natural methods, so as to prevent a direct view into the earth removal area. c) Ail areas within fifty (50) feet of a traveled way or abutting property lines shall be reforested immediately upon com- pletion of the earth removal operation of that area. Said reforestation shall be done in accordance with the North Andover Tree Department. A minimum of One Hundred-fifty (150) trees per acre shall be used for this reforesta- tion. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following 59 manner= Trees shall be planted twenty-five (25) feet deep from the road or property line. The remaining area shall i~m~ediately be planted with grass or other suitable agri- cultural planting material. (8) Access Roads. a) Ail access roads shall be level with inter- secting streets for a distance of sixty (60) feet. b) A STOP sign shall be installed so as to warn any vehicle entering onto a Town street. c) All access roads shall be 9quipped with a suitable locking gate to prevent unauthori- zed entry. (9) Site Maintenance. a) No open face excavation shall exceed twenty- five (25) feet in height. b) No excavation shall be closer than fifteen (15) feet to a property line. c) No slope shall exceed a two (2) foot hori- zontal to a one (1) foot vertical (251) grade. (10) Temporary Buildings. a) Ail temporary structures shall be specified in the Special Permit application and shown on the plan. b) Any structure erected on the premises for use by personnel or storage of equipment shall be located at least forty (40) feet from any existing.roadway and at least thirty (30) feet from any lot line. c) Any temporary structure will be removed no later than ninety (90) days after the ex- piration date of the Permit. (11) Mechanical Crushing and Screening. I I I I I I I I I I I I I I I I I I I 5.8 a) Ail crushing and screening Permits shall be granted for a period not to exceed six (6) months. b) c) Said Permits shall be granted as a cleanup procedure only. Washing of processed material will not be allowed. d) Operation of crushing or screening equipment shall be from 7:30 a.m. until 5:00 p.m., Monday through Friday. e) All crushing and screening equipment shall be equipped with suitable dust and noise control devices. Restoration Standards (1) (2) (3) (4) (5) Ail restoration must be completed within sixty (60) days after the tezmination of an Earth Removal Permit or by the first of June if the Permit terminates between December first through March thirty-first. No slope shall be left with a grade steeper than a two (2) foot horizontal to a one (1) foot vertical (2:1). Ail siltation basins shall be filled with earth, and a natural drainage pattern must be re-estab- lished. No area upon the site which will collect water shall remain unless approval is granted by the Board or unless the area was shown on the original application plans. Ail topsoil which was on the site prior to earth removal operations shall be replaced to a minimum depth of six (6) inches on all disturbed areas. Sites that had less than six (6) inches of topsoil shall be restored with a minimum of four (4) inches over the entire area. Seeding - The entire area shall be seeded with grass or legume which contains at least sixty percent (60%) perennials. The planted area shall be protected from erosion during the es- tablishment period using good conservation 61 5.9 practices. Areas which washout are to be re- paired i,.,,ediately. Reforestation - Ail areas which are disturbed in the earth removal operation shall be re- forested with. fifty percent (50%) coniferous and fifty percent (50%) decidous trees planted at the rate of one hundred fifty (150) trees per acre. Ail trees used are to be a minimum of two (2) year transplants. Said planting shall be in accordance with the recommendations of the North Andover Tree Department. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following manner: a) Trees shall be planted twenty-five (25) feet deep from a public road or property line. (7) b) The remaining area shall immediately be planted with grass or other suitable agri- cultural planting material. Pe£mits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from reforestation para- graph. Within ninety (90) days of completion of opera- tions, all equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises. Security Requir-ment (1) (2) There must be filed with the Town Treasurer, a continuous bond or deposit of money in the minimum amount of One thousand dollars ($1,000) per acre to be excavated, and shall be of a sufficient amount to cover ten (10) acres, or the total parcel, whichever is smaller, as dete£mined by and satisfactory to the Board. After completion of the total project, and at the applicant's written request, the Board may grant a partial release of any security posted by the applicant. One (1) year after such a partial release is granted and if in the opinion of the Board, no damage or deterioration to the finished project has developed, the Board will issue a final release of the security. If, I I I I I I I I I I I I I I I I I I I during the year following the date of a partial release, slumping, gullying, erosion, or any other unsatisfactory condition appears, the applicant shall be responsible for, and shall make any necessary repairs, before final release of security is granted. The bonding agent shall be required to give the Board of Appeals, by Registered or Certified mail, a sixty (60) day notice prior to any termination or cancellation of the Bond. 63 SECTION 6.1 6.2 6.3 m 6 SIGNS AND OUTDOOR LIGHTING REGULATIONS I Authority~d Interpretation I This By-Law is adopted as a general By-Law pursuant to Chapter 93, Sections 29-33 inclusive, as amended, and a Zoning By-Law pursuant to Chapter 40-A, as amended, of the General Laws of the Co~uonwealth of Massachusetts. This By-Law is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interests and purposes defined in Section 6.2 of this By Law. Purposes (1) The regulation and restriction of signs within the Town of North Andover in order to protect and enhance the visual environment of the Town for purposes of safety, convenience, informa- tion, and welfare of its residents. (2) The restricting of signs and lights which over- load the public's capacity to receive informa- tion, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. (3) TO encourage signage and lighting which aid communication, orientation, identify activi- ties, express local history and character, serve educational purposes for the public good. (4) The reduction of visual and informational con- flict among private signs and lighting and between the private and public information systems. ~mfinitions (i) ACCESSORY SIGN - A sign that advertises acti- vities, goods, products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. (2) BUILDING FRONTagE - The length in feet of a ground floor level of a building front or side I I I m I I I I I I I I I I (3) (4) (5) (6) (7) (8) (9) facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual business. DIRECTIONAL SIGN - A non-accessory sign con- taining no advertising and giving direction to community ~non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sites, public buildings, etc. DISPLAY WINDOW SIGNS - Temporary signs on the surface of or inside display windows, lighted only by the general building illumination. ERECT - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, and post. FLAGPOLE - A pole erected on a roof, or pro- jecting from a building or structure or on the ground. FREESTANDING SIGN - Shall mean and include any sign not attached to a building or the ground. GROUND SIGN - Any sign erected on the ground which is self-supported and anchored to the ground. ITW.UMINATED SIGN - Illuminated sign shall mean any sign illuminated by electricity, gas, or other artificial light including reflective or phosphorescent light and shall include location of source of illumination. (10) MARQUEE - Any sheltering structure of permanent construction projecting from and totally sup- ported by the wall and/or roof of a building. (11) NON-ACCESSORY SIGN - Any sign that is not an accessory sign. (12) PERMANENT SIGN - Any sign permitted to be erected and maintained for more than sixty (60) days. (13) PRIMARY SIGN - The principal accessory sign which may be a wall, roof, or ground sign, as allowed in Section 6.6. 65 6.4 (14) PROJECTING SIGN - Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve (12) inches from the wall surface of that portion of the building or structure. (15) ROOF SIGN - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support on the roof or roof structure. (16) SECONDARY SIGN - Is a wall, roof, or ground sign intended for the same use as a primary sign but of smaller dimensions and lettering, as allowed in Section 6.6. I I I I I I (17) SIGN - A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, tradeflag, or representation that is designed to be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services, or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays of merchandise. A sign may be permanent or temporary. (18) SIGN SIZE (area) - The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. (19) WALT. SIGN - Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet. ~ministriation and Enforc-ment I I I I I I I I (1) Enforcement - The Building Inspector is hereby designated as the Sign Officer and is hereby I I I I I I I I I I I I I I I I I I I (2) charged with the enforcement of this By-Law. a) The Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign. The Sign Officer is further authorized, upon notice as herein provided, to order the repair or removal of any sign which in his judgment is a prohibited non- accessory sign, or is likely to become dangerous, unsafe, or in disrepair, or which ks erected or maintained contrary to this By-Law. The Sign Officer shall serve a written notice and order upon the owner of record of the premises where the sign is located and any ad- vertiser, tenant, or other persons known to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thirty (30) days after giving such notice. If such notice and order is not obeyed within such period of time, the Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said sign is erected or maintained and repair or remove, or cause to be re- paired or removed, said sign. All ex- penses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and shall be re- coverable in any court of competent juris- diction if not paid within thirty (30) days after written notice of assessment is given by the Sign Officer to any such person. Permits= a) No permanent sign shall be erected, altered, or enlarged until an application on the appropriate form furnished by the Sign Officer has been filed with the Sign Officer containing such information, 67 including photographs, plans and scale drawings, as he may require, and a permit for such erection, alteration, or en- largement has been issued by him. Such pe~t shall be issued only if the Sign Officer deteLmines that the sign complies or will comply with all applicable provisions of this ByLaw. (3) Reports to Outdoor Advertising Board and the Public: a) On or before May i in each year, the Sign Officer shall prepare and certify a list of all non-accessory signs within the Town which do not conform to the require- ments of this By-Law. Such list shall specify for each such sign the permit number, if any, the owner of record of the premises where the sign is located, and any advertiser, tenant, or other person known to him having control of or a substantial interest in said sign, and a description of the reasons for such non-conformance, including a citation to the applicable provisions of this By-Law. A copy of such list shall be delivered or mailed by that date to the Outdoor Advertising Board and shall be posted for a period of at least three months, beginning on May 1 in each year, in the office of the Town Clerk. b) The Sign Officer shall keep records of all actions taken pursuant to this By-Law. He shall make an annual report to the Town listing all such actions and any apparent violations of this By-Law. (4) Non-conformance of Accessory Signs~ Accessory signs legally erected before the adoption of this By-Law which do not conform to the provisions of this By Law may continue to be maintained, provided, however, that no such sign shall be permitted if it is, after the adoption of this By-Law, enlarged, reworded (other than in the case of theater or cinema signs or signs with periodically changing messages), redesigned or altered in any way, including repainting in a different color, except to conform to the re- I I I I I I I I I I I I I I I I I I I quirements of this By-Law; and provided further that any such sign which has deteriorated or been damaged to such an extent that the cost of restoration would exceed thirty-five percent (35%) of the replacement cost of the sign at the time of the restoration shall not be re- paired or rebuilt or altered except to conform to the requirements of this By-Law. Any ex- emption shall tezminate with respect to any sign which: a) shall have been abandoned; b) advertises or calls attention to any products, businesses or activities which are no longer sold or carried on, whether generally or at the particular premises; or shall not have been repaired or properly maintained within thirty (30) days after notice to that effect has been given by the Sign Officer. 6.5 Allowed Signs (1) Residence Districts: Accessory Signs a) One sign displaying the street number and/ or name of the occupant of the premises not exceeding 1 square foot in area. Such sign may include identification of an accessory professional office, home occu- pation, or other accessory uses permitted in a residence district. b) One unlighted, temporary "For Sale" or "For Rent" sign not exceeding 6 square feet in area and advertising only the premises on which it is located; to be removed fourteen (14) days after sale, rental or lease. c) One unlighted contractor's sign, not ex- ceeding 12 square feet in area, maintained on the premises while construction is in process and containing information relevent to the project. Such sign shall be removed promptly after completion of the con- struction. d) One unlighted identification sign at each public entrance to a subdivision not ex- 69 ceeding 12 square feet in area; to be re- moved when the subdivision is completed. e) One identification sign at each public en- trance to a multi-family development not exceeding 12 square feet in area. f) Bulletin or announcement boards, identifi- cation signs or entrance markers for a church, synagogue, or institution, not exceeding a combined total of 30 square feet and provided that there shall be no more than two (2) signs allowed on the premises. g) One sign for a non-residential use that is a permitted use, a use allowed by Special Permit, or a legal non-conforming use. The sign may be no more than one-half the area that would be allowed if the sign were in a business or industrial district. Accessory, professional, home occupation, and other pe£~,itted uses are subject to Section 6, Paragraph 6.5 (1) a). h) Notwithstanding any other provisions of this By-Law, signs maybe erected for posting land; ie., no hunting, no tres- passing, etc. (2) Residence Districts: Non-accessory Signs (3) a) Directional signs by Special Permit from the Board of Selectmen, limited as follows: 1. Two signs for each activity, not ex- ceeding 6" x 30" in size. 2. Ground signs not exceeding 8 feet in height. b) Street banner or signs advertising a public or charitable entertainment or event, by Special Permit from the Board of Selectmen. Such a sign shall be removed within seven (7) days after the event. Business and Industrial Districts: Accessory Signs a) Ail signs permitted in residence districts as provided in Sections 6.51 and 6.52. 7O m m m m m m m m m m m m m m m m m m m I I I I I I I I ! I I I I I I I I I I b) Each owner, lessee, or tenant shall be allowed a primary and a secondary sign. Said signs may be used as ground, wall, or roof signs. No lot shall be allowed to have more than one (1) ground sign structure. c) Traffic control, orientational and guidance signs located on private property, up to 4 square feet in area, displayed for pur- poses of direction or convenience, in- cluding signs identifying parking, fire lanes, rest rooms, freight entrances and the like. d) Building directories (if located outside) may be affixed to the exterior wall of a . building at each public entrance. Such directory shall not exceed an area de- termined on the basis of 1 square foot for each establishment occupying the building. e) One unlighted, temporary real estate sign of up to 12 square feet pertaining to the sale, rental or lease of the premises; to be removed within fourteen (14) days of sale, rental or lease. f) Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs indicating separate oper- ations or departments. The allowed ground sign area may be divided between one ground sign and one free-standing sign. Two additional primary ground signs may be allowed by Special Pexmit from the Special Permit awarding authority. g) Display window signs covering no more than 20 percent (20%) of the dispaly window area. 6.6 Sign Regulations (1) Illumination No sign shall be illuminated between the hours of 12 midnight and 6:00 a.m., unless, in the case of an accessory sign, the premises on which it is located are open for business. Signs may be illiminated by the following means without causing hazardous con- 71 ditions for motorists of offending pedestrians or neighboring premises: a) by a steady stationary light of reasonable intensity shielded and directed solely at the sign; b) by an internal light of reasonable inten- sity; or, c) by neon or gas-filled tubes. (2) Outdoor Lighting Ail temporary or permanent outdoor lights, such as those used for area lighting, building floodlighting, or sign lighting shall be steady, stationary, shielded sources directed so that the light source is not directly visible to any point beyond the lot lines of the premises. (3) Letter Size a) Primary Signs 1. Wall or roof sign: 1/2 inch of letter height allowed per foot of building frontage with a maximum of seven (7) feet. Eighteen (18) inch height allowed if the building frontage is less than thirty-six (36) feet. 2. Ground sign= Eighteen (18) inch maximum letter height allowed. b) Secondary Signs Eight (8) inch maximum letter height allowed. c) Logos Twice letter height allowed but limited to seven (7) foot maximum height. (4) Sign Size a) Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed, in total area, more than ten percent (10%) of the area of the two dimensional eleva- tion of the building as dete~,,ined by the building frontage multiplied by the height. 72 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I b) A primary ground sign shall be limited to one (1) square foot for each five (5) linear feet of street frontage of the lot on which the sign is located. All street frontages may be used in determining sign size. c) A secondary sign shall be limited to one-half (1/2) the area permitted for a primary sign. d) Only one side of a double-faced sign shall be included in calculating surface area; providing that the two (2) display surfaces are joined at an angle no greater than 45 degrees. All sides of multi-faced signs, visible from any one point, shall be included in the calculation of surface area. (5) Sign Height and Location a) Corner Lots - the owner of the premises shall be allowed to choose the street orientation of allowed signs. b) No wall or roof sign shall extend more than four (4) feet above the lowest point of the roof of the building with which it is associated. c) No wall or roof sign shall overhang the public way more than twelve (12) inches. d) Ground signs shall be set back a minimum of ten (10) feet from all property lines and a minimum of forty (40) feet from all residential districts or structures and shall be limited in height to twenty (20) feet above grade. 6.7 Prohibitions (1) No sign shall contain any moving, flashing, or ani- mated lights, or visible moving or moveable parts, except such portions of a sign as consist solely of indicators of time and/or temperature, or which have historic significance. (2) No sign shall be erected, displayed, or maintained: a) Upon any rock, tree, fence, or utility pole; b) If it contains any obscene, indecent, or immoral matter; 73 c) Unless all parts and attachments and the ground about the base thereof are kept in neat and safe conditions. (3) No sign shall be permitted or allowed to be so lo- cated as to obstruct a view of the rights of way at a corner of intersecting streets, or at an entrance to a street. (4) No sign shall obstruct any means of egress from a building. (5) No sign shall detract from the effectiveness of a traffic signal. (6) No political sign shall be maintained or erected in the town. (7) Projecting signs are prohibited. (8) Non-accessory signs are prohibited except for directional signs as allowed in Section 6.52. 6.8 Severability The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision here- of. 74 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION ? 7.1 Lot Area DIMENSIONAL REQUIB~NTS Minimum lot areas for such uses in each district shall be as set forth in Table 2, Summary of Dimensional Require- ments, which is hereby made part of this By-Law. As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40. The proposed structure must be constructed on said designated contiguous land area. (1986/16) 1) In determining the fulfillment of the minimum area and minimum street frontage of a lot required in any zoning district, there shall not be included any land within the limits of a street upon which such lot abuts even if the fee to such street is in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a segment of curved line not more than seventy-five (75) feet in length connecting other lines bounding such lot which if extended would intersect, the area and frontage required in such lot shall be computed and if such potentially intersecting lines were so extended; but if a curved line more than seventy-five (75) feet in length is the whole of any one boundary line of a lot, the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot, including such curved line. 2) No lot, upon which is then located any buildings or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be subdivided or reduced in area in any manner unless said lot shall thereafter fulfill the lot area, street frontage and yard space requirements of this By-law except as may be pe£mitted otherwise by the provisions of a variance granted by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning By- Law. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been taken shall not be deemed to be transferred in violation of the provisions hereof. 7.2 Street Frontage Minimum street frontage shall be as set forth in Table 2. In no case shall actual street frontage at the street line be less than seventy-five (75) feet. Corner lots shall be required to have the required frontage only on one street. 1) Minimum street frontage exceptions for larger lots: notwithstanding the above provisions, a lot in any residential district need not have the specified amount of street frontage, provided that: a) The area of the lot exceeds by three (3) times the minimum lot area required for that district; b) The lot has a minimum continuous street frontage of not less that fifty (50) feet and a width of not less than fifty (50) feet at any point be- tween the street and the site of the dwelling; c) There is not more than one other such lot with frontage contiguous to it; and d) It is not so located as to block the possible future extension of a dead end street. e) No such lot as described above on which a dwelling is located, shall be hereafter reduced in area below the minimum area required in Section 7.2.1. (1985/16) 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R-4) District, where the setback from the side street shall be twenty (20) feet minimum. 7.4 Building Heights 76 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1. Fa£m buildings on farms of not less than ten (10) acres. 7.4.1 Nor shall they apply to chimneys, ventilators, sky- lights, tanks, bulkheads, penthouses, processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any building. Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living purposes. And further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty-five (65) feet from the ground. Nor of a manufacturing building a height of eighty- five (85) feet from the ground. Lot Width The width on any lot created shall have a minimum lot width of fifty (50) feet between the legal frontage and building set back to the front build- ing line. (1985/24) 7.5 Lot Coverage Maximum lot coverage by buildings shall be as set forth in Table 2. Lot coverage shall mean the percent of the lot covered by principal and accessory structures. 7.6 Floor Area Ratio Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total amount of building floor area on all usable floors and the area of the lot on which it is located. 7.7 Dwelling Unit Density Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2. 7.8 Exceptions · The residential lot areas and frontages above ~ required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not · adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building · permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was ~ lawfully laid out and duly recorded by plan or deed m prior to January 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet m deep, and two side yards, each not less than 12 feet m wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot · area of 5,000 square feet. · In Residence 4 (R-4) Districts only, two or more vacant lot, mutually adjoining, may with a Special Permit from the Board of Appeals be permitted to be combined into a new lot or lots of not less than 10,000 square feet area each, and with not less than 100 feet street frontage, provided it be shown to the Board of Appeals that each of said vacant lots before combination was of less area or less frontage than required herein and, by citations from the Essex County Registry of Deeds, that each such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and the Building Inspector shall permit the construction of one single family dwelling on each such 10,000 square foot lot. Notwithstanding any other provisions of law, no amendment to this Zoning By Law shall apply to or affect the size, shape, or frontage of any lot shown on a plan of a subdivision as defined in Section 81-L of Chapter 41 of the General Laws if the plan of such subdivision has been finally approved by the Planning Board and duly recorded pursuant to said Chapter 41 prior to such Zoning By Law amendment, for a period of five (5) years from the date of endorsement of the definitive plan by the Planning Board. I I I I I I I SECTION 8 SUPPLEMENTARY REGULATIONS 8.1 Off Street Parking Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to increase its floor area and/or design capacity, there shall be provided on the same lot with such building or on a lot contiguous thereto (or within 100 feet thereof) in the same ownership as the parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy the requirements of the following schedule for the new building or increased design capacity of floor area: e Where a use is not indicated prior to construction or issuance of building permit, the number of parking spaces provided shall be the maximum required. Use Spaces Required One or two family residence 2 spaces per dwelling unit. Multi family residence 2 spaces per dwelling unit. 1 space per dwelling unit for a unit designed and occupied by the elderly as defined under government assisted programs. Congregate Housing 0.75 per dwelling unit (29/'87) Ail other places with accomodations including (but not limited to) rooming houses, hotels, motels, hospitals, nursing homes. i space per sleeping room for single or double occupancy, 1 per 2 for rooms exceeding double beds for rooms exceeding double occupancy. Auditoriums, theaters, athletic fields, funeral parlors, day care centers and other places of assembly. 1 space per 4 persons based on the design capacity of of the facility. Restaurants, sit down restaurants drive through or fast food. 1 per 2 seats or 15 per 1000 GFA. (whichever is greater applies) Retail store and service establishments. 6 per 1000 square feet GFA except 5 per 1000 square feet 79 GFA in Business i and 2 General Business. Offices i spaces per 300 square feet of GFA. Medical Offices and Research facilities Warehousing, Wholesaling, distributing Manufacturing, assembly, fabrication, etc. 3 spaces per 1000 square feet GFA plus one space per employee. I space per 500 square feet GFA i space per 2 employees in the minimum working shift or 1 space per 1,000 GFA whichever is greater· The required parking for any two (2) or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated. The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule would amount to five (5) parking spaces or less or residential uses or structures whose minimum parking would amount to two (2) parking spaces or less. If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accomodate the automobiles of all customers, employees, visitors, occupants, members or clients consistent with the provisions contained in the above schedule. The Board of Appeals may by variance make exceptions to the provisions of this section and, upon a written request of the owner and after a public hearing, authorize the Building Inspector to issue permits for buildings and uses having less off-street parking than specified herein, whenever the Board of Appeals finds that under normal circumstances such lesser off-street parking area would adequately provide for the needs of all persons using such building. Such exceptions may be limited as to time, use or intensity of use. 80 I I I I I I I I I I I I I I I I I I I A parking space shall mean an area of not less than 10' x 20', accessible over unobstructed driveways not less that 25' wide. For parking lots which contain ten (10) or more spaces, up to forty percent (40%) of the total number of parking spaces provided may be designed for compact cars with a minimum width of 7.5 feet and length of 16 feet. Compact car spaces cannot be provided for grocery stores. 8. For multi-family dwellings the front yard shall not be used for parking for accessory uses. 9. In all residential districts the front yard shall not be used for parking for accessory uses. 10. In residence districts parking or outdoor storage of one (1) recreational vehicle (camper, etc.) and one (1) boat per dwelling unit may be permitted in an area to the rear of the front line of the building. All other recreational vehicle and boat storage (if any) shall be within closed structures. 11. Loading. facilities provided for any use shall be sized, located, arranged, and of sufficient number to allow service by the type of vehicle customarily expected for the use while such vehicle is parked completely clear of any public way or sidewalk. 12. In residence districts garaging or off-street parking of not more than four (4) motor vehicles per dwelling unit may be permitted, of which four (4) motor vehicles, not more than two (2) may be coF~ercial vehicles other than passenger sedans and passenger station wagons, but not counting farm trucks nor motor-powered argicultural implements on an agriculturally active farm or orchard on which such vehicles are parked. Commercial vehicles in excess of one (1) ton capacity shall be garaged or screened from view of residential uses within three hundred (300) feet by either: a) A strip at least four (4) feet wide, densely planted with trees or shrubs which are at least four (4) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years, or b) An opaque wall, barrier, or fence of unifom~,, appearance at least five (5) feet high, but not 81 more than seven (7) feet above finished grade. c) Such screening shall be maintained in good con- dition at all times, and shall not be pe&mitted to exceed seven feet in height within required side yards. Such screening or barriers may be interrupted by normal entrances or exits and shall not be required within ten (10) feet of a street lot line. Garaging or off-streetParking of an additional two (2) commercial vehicles may be allowed by Special Permit. When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Special Permit. 13. All parking in the Village Commercial District shall occur to the rear of the structures, but not within the required rear yard setback. No off-street parking shall be allowed in the minimum required front yard or any additional front yard provided by the developer. Parking in the front yard in the Village Commercial District is prohibited. Also, no parking shall be allowed in the required side yards. 14. One (1) handicapped parking space shall be provided for every twenty (20) parking spaces provided on site. The handicapped space shall be 12' x 20' and be indicated by a ground mounted sign and pavement markings. 8.2 Automobile Service Stations and Other Automotive Services Automobile service and filling stations, automobile re- pair shops, body shops and painting shops, tire stores, radiator shops or any of their appurtenances or access- ory uses shall not be erected, placed or located within fifty (50) feet of any residence district or residence structure. In addition, the use or structure shall conform to the following requirements (in addition to district require- ments)~ 1. The minimum frontage on a street shall be one hundred and fifty (150) feet. 2. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty (30) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 8.3 8.31 1. or barriers may be interrupted by normal entrances or exits and shall not be required within ten (10) feet of a street lot line. Site Plan Review pURPOSE This section provides the procedures and standards for Site Plan Review. The intent of Site Plan Review is to ensure that all Town Bylaws are adhered to, as well as encourage the arrangement of buildings, structures, open space, off-street parking, lighting, that will promote the public the public health, safety, convenience and welfare by establishing a unifo£m system of review of proposed construction in the Town of North Andover. This section of the Zoning Bylaw is adopted pursuant to Chapter 40A, Section 9. All Site Plan Review applications submitted under the provisions of this section, shall be reviewed by th Planning Board as a Special Permit. Sites and developments to which this section applies shall comply with the regulations of this section as well as those other applicable Town Bylaws, or the requirements of the Commonwealth of Masachusetts, prior to any construction being undertaken in the Town of North Andover. DEVELOPMENTS WHICH REQUIRE SITE PLAN REVIEW Site Plan is required when: a) b) c) Any new building(s) or construction, which contains more than two thousand (2,000) square feet of gross floor area which is undertaken on land within the Town of North Andover; or Any construction which results in the addition of more than two thousand (2,Q.00) square feet of gross floor area to an existing structure; or contains five (5) or more parking spaces. Any construction, site improvements, new uses in existing structures or developments which contain new processes not normally associated with the existing use which results in changes in the potential nuisance to adjacent property, traffic circulation and/or stoz-mwater drainage onto or off of the site. 83 2. The following development(s) are exempt from Site Plan Review: a) Single family dwelling(s) and two family dwelling(s); b) small structures or additions which do not exceed two thousand (2,000) square feet of gross floor area; c) routine repairs and maintenance that do not exceed the provisions of section 8.31(1)(C). 8.32 SITE ALTERATION - VIOLATION OF THE BYLAW No building permit, site clearing, filling, grading, material deliveries or construction shall be initiated on any site which this section applies unitl Site Plan approval as required by this section is obtained. Nothing herein shall be construed, however, to prohibit such clearing or altering as may be necessary for purposes of con- ducting predevelopment studies, such as geotechnical tests, soil borings, wetlands determination, percolation tests for septic systems as required by the Board of Health, or other similar test as required in order to fulfill a requirement of any Town Bylaw or regulations of the Comonwealth. 8.33 PROCEDURES I I I I I I I I I The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based · upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Section 8.36. I Any proposed development meeting any of the criteria set forth in section 8.31(1), shall be subject to Site Plan · Review and submit a Special Permit application to the Planning Board, depending on the classification of the proposed development as "major", "intermediate" or "minor". · Requirements for site plan shall vary depending upon its classification criteria as outlined below: For purposes of this section "major", "intex~;,ediate" or "minor" developments are: 1.) A MAJOR DEVELOPMENT is a project which meets one of the · following criteria: I I II I I I I I I I I I I I I I I I a.) the project contains, or is to contain, ten (10) or more acres or b.) the project contains, or is to contain fifty (50) or more housing units; or c.) the project contains, in the aggregate, twenty-five thousand (25,000) or more square feet of building coverage in any new and/or existing building(s) or d.) the project contains, or is to contain, two hundred (200) or more parking spaces; or e.) the project will generate one thousand (1,000) or more new vehicle trips per day. 2.) An INTEB~EDIATE DEVELOPMENT is a project which meets one or more of the following criteria: a.) the project contains, or is to contain, between one (1) acre and nine (9.99) acres; or b.) the project contains , or is to contain, between eleven (11) housing units and forty-nine (49) housing units; or c.) the project contains, or is to contain, between five thousand (5,000) square feet and twenty-five thousand (25,000) square feet of building coverage, in any new and/or existing building(s). 3.) A MINOR DEVELOPMENT is a project which meets one of the following criteria: a.) the project is less than one (1) acre in size; or b.) the project contains, or is to contain, between three (3) housing units and ten (10) housing units; or c.) the project contains, in the aggregate, less than five thousand (5,000) square feet of building coverage. When any proposed development falls into two, or more development purposed and the type of info~,mtion required for Site Plan Review. 8.34 INFORMATION REQUIRED Applicants for Site Plan Review shall submit to the Planning Board the following materials for review: 85 l) 2) 3) 4) Special Permit Application Form, along with any fees as may be set by the Town Bylaw; drawings prepared at a scale of one inch equals forty feet (1"=40') or larger, or at a scale as approved in advance the Town Planner all site plans shall be prepared by a certified architect, landscape archi%ect, and engineer registered in the Commonwealth of Massachusetts; all plans shall be signed and stamped; the times for submission of the site plans for review by the Planning Board are specified in Section 10.3 of the Zoning Bylaws. (Special Permit Regulations) TABLE 1 INFORMATION REQUIRED FOR SITE PLAN REVIEW TYPE OF DEVELOPMENT PROPOSED MAJOR INTERMEDIATE MINOR TYPE OF INFORMATION REQUIRED X X X 1. North Arrow/Location Map X X X 2. Survey of the Lot/Parcel X X X 3. Name/Description of Project X X X 4. Easements/Legal Conditions X X X 5. Topography X X X 6. Zoning Information X X X 7. Sto£,,water Drainage Plan X X X 8. Building(s) Location X X X 9. Location of Parking/Walk-ways X X X 10. Location of Wetlands X x X 11. Location of Walls/Signs X X X 12. Location of Roadways/Drives X 0 0 13. Outdoor Storage/Display Area X X 0 14. Landscaping Plan X X 0 15. Refuse Areas X X 0 16. Lighting Facilities X O O 17. Drainage Basin Study X O O 18. Traffic Impact Study X 19. CoK~onwealth Review X Required Info~mation 0 Information may be requested by the Planning Board 86 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I TABLE 2 TYPE OF INFORMATION REQUIRED - EXPLANATION 1. NORTH ARROW/LOCATIONMAP A north arrow and a location map showing surrounding roadways and land uses adjacent to the site (1" TM 1500'). Location Map should show at least one intersection of two existing Town roadways. 2. SURVEY OF LOT/PARCEL A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site plan. Any change in the survey shall be recorded before site plan approval may be granted. 3. NAME/DESCRIPTION OF PROJECT The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development plan. 4. EASEMENTS/LEGAL CONDITIONS Identification of easement(s) or legal encumbrance(s) that are related to the sites physical development, and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation Co~6~,ission, or any public body or agency, with the authority to place conditions on the sites development. 5. TOPOGRAPHY The present and proposed topography of the site, utilizing two foot (2') contour intervals. The contours shall extend at least fifty (50') feet beyond the site boundaries by estimation of the professional submitting the plan. 6. ZONING INFORMATION Ail applicable Zoning Bylaw infoz,~tion shall be provided regarding the site's development. This information shall be placed in a table and list all parking setbacks, percent of lot coverage, floor-area-ratio, number of dwelling units, total amount of square feet, size of signs, and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and the Planning Board. 7. STORMWATER DRAINAGE All stormwater drainage control facilities utilized by the site shall be shown on the site plan. Sto~,~water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Department of Public Works for review and approval. Calculations shall show a mitigation of run-off to zero of the 2, 10, and 100 year storm event. 8. BUILDING LOCATION Identification of all existing and proposed structure(s) located on the site. The number of stories, overall height in feet and gross floor area in square feet of all structure shall be indicated. 9. LOCATION OF PARKING/WALKWAYS Identification of the location of all existing and proposed parking and walkway areas, including curb cuts that will be used to access the site from adjacent roadways, or access points. 10. LOCATION OF WETLANDS/NOTICE OF INTENT Ail resource areas as defined in M.G.L. Chapter 131, Section 40 and the Town's Wetland Bylaw, shall be shown on the site plan. The applicant shall file a Notice of Intent with NACC concurrently with the application to the Planning Board for Site Plan Review. 11. LOCATION OF WALLS/SIGNS Identification of the location, height and materials to be used for all retaining walls and signs located on the site. 12. LOCATION OF ROADWAYS/DRIVES Identification of all right-of-ways and driveways including the type of curb and gutter to be used, and their dimensions. Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of any streets which is adjacent to the site. 13. OUTDOOR STORAGE/DISPLAYAREAS 88 I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I Identification of the location and type of outdoor storage and display areas on the site. 14. LANDSCAPING PLAN Identification of the location and landscape schedule of all perimeter and interior landscaping, including but not limited to proposed paving materials for walkways, fences, stonewalls and all planting materials to be placed on the site. In additon, all existing trees over 12 inches DBH, to be saved or removed shall be shown on the site plan. Any landscaping required by the Town Bylaws shall be indicated on the site plan in tabular fo~-m showing the amount required and the amount provided. 15. REFUSE AREAS Identification of the location of each outdoor refuse storage area, including the method of storage and screening. 16. LIGHTING FACILITIES Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the propsed lighting facilities, including an example of the light fixture to be used. 17. DRAINAGE BASIN STUDY A detailed hydrology study for the site. Included in this study is the proposed stormwater run-off rates into the existing drainage system and its potential down-stream impact on the existing drainage system. 18. TRAFFIC IMPACT STUDY Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. Projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board. 19. COMMONWEALTH REVIEW Any information required and submitted to any agency of the Commonwealth, shall be filed with the Planning Board upon the initial submission of the project for Board review. 89 8.35 FINDINGS OF THE PLANNING BOARD The Planning Board shall either (A) approve, (B) approve with conditions, or (C) deny a site plan submitted for review. Ss The Planning Board shall approve a site plan with the following conditions are met~ l) The site plan complies with all current Bylaw requirements of the Town, and; 2) The site plan has been submitted in accordance with the regulations and procedures as outlined in this section and Section 10.31 (Conditions for Approval of Special Permit.) The Planning Board shall conditionally approve a site plan when the following conditions are met: l) The application needs to go to any Town Board/ Department or Commission for approvals, or requires approvals by any state, and/or federal agency and; 2) The site plan generally complies with Town Bylaw requirements, but requires m~nor changes in order to be completely in compliance with the Town Bylaw regulations. The Planning Board may deny approval of a site plan for the following reasons: 1) The plan does not include all the materials or information required in this section, or has failed to adhere to the procedures for Site Plan Review as outlined in this section, and Section 10.3 (Special Permits), or; 2) The plan as presented is not in compliance with Town Bylaws, or; 3) The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for review, or; 4) The applicants have failed to incorporate and adhere to any condition(s) for approval granted by any Town Board, Department or Commission, or requirements called for by any state or federal agency, which has proper authority upon which to 90 I ! I I I I I ! I I I I i I I I I I I I I ! I I I I I I I ! I I I I I I I I place conditions on a matter before the Planning Board. 8.36 REVISIONS TO APPROVED SITE PLAN Any revision to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: a) a change of location and layout of any parking area(s) sign, storage or accessory building, provided that no Town Bylaws are violated by the Change; b) the change in the proposed landscaping plan which does not violate any Town Bylaws; c) a change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth. The revisions cited above may be done without further review by Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do-not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type,location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section. 8.4 Screening and Landscaping Requirements for Off-Street Co~9~ercial and Industrial Districts. (1987/12) For all commercial and industrial districts the following minimum screening and landscaping requirements shall apply for all off-street lots with more than 6 parking spaces, or in any instance when a co~ercial or industrial off-street parking area of any size abuts a residential district. 91 A strip of land at least six (6) feet wide (may be part of required yard setbacks) with trees or shrubs densely planted, to create at least an impervious screen, at least four (4) feet high at the time of planting and which are of a type that may be commonly expected to foxm a. year round impervious screen at least five (5) feet high within three years. If a natural screen as described in item 1 above cannot be attained, a wall or fence of uniform appearance at least five (5) feet high above finished grade will be allowed. Such a wall and/or fence may be perforated, provided that not more than 25% of the face is open. All required screening, as described in items 1 and 2 above, shall be maintained in good condition at all times. Such screening may. be interrupted by entrances or exits, and shall have no signs attached thereto other than those permitted in the district. For all off-street parking areas of 20 or more spaces the following criteria shall also apply. On at least three sides of the perimeter of an outdoor parking lot, there shall be planted at least one tree for every thirty (30) linear feet. In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other, a landscaped open space not less than 6 feet in width shall be provided. The landscaped strip may be provided either; 1) between the rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and extending from the aisle serving one row of spaces to the aisle serving the other row of spaces, as illustrated below. Trees required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in parking lot. To the extent practicable, existing trees shall be retained and used to satisfy this section. The following graphics are intended as illustrations and examples only and have not been incorporated into the requirements of this bylaw. 92 I I ! I I I I I i ! I I I I I ! I I I I I I I I I I I I ! I I I ! I I I ! Ail artificial lighting used to illuminate any commercial or industrial parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the parking, loading or driveway area, and shall be shielded or recessed so as not to shine upon abutting properties or streets· 8.5 Planned Residential Development (PRD) Purposes: The purpose and intent of the regulations contained in this section are to promote the public health, safety and general welfare of the citizens of the town by providing for the following goals: a. To promote the more efficient use of land in harmony with its natural features; b. to encourage the preservation of open space; C4 to protect waterbodies and supplies, wetlands, floodplains, agricultural lands, wildlife, and other natural resources; to permit greater flexibility and more attractive, efficient, and economical design of residential developments; e. to facilitate economical and efficient provision of utilities; f. to meet the town's housing needs by promoting a diversity of housing types. 93 Applicability: An application for a Planned Residential Special Permit (PRD) shall be allowed for parcels of land in the R-l, R-2, and R-3 DistriCts in accordance with the standards set forth in this section. An application for a Planned Residential Development Special Pe~it shall be deemed to satisfy the requirements for Site Plan Review. Permit Authority: The Planning Board shall be designated as the Special Permit Granting Authority, and shall grant special permits for PRD's consistent with the procedures and conditions set forth in this section as well as in Sections 10.3 and 10.31 (Special Permits) of this bylaw. 4. procedure for Approval: 5 Preliminary Plan The applicant is encouraged to submit a preliminary plan and schedule pre-application conference to discuss the proposed PRD with the Planning Board before the submission of the final special pe~,~,it application and supporting documents, to the Board for review in a public hearing. Final Plan Submittal The applicant shall follow the procedures and standards contained in this section and Section 10.3 (Special Permit) in submitting a set of final plan to the Planning Board for review. Information__Required: Any applicant who desires a special permit under requirements of this section shall submit an application in writing in such form as the Planning Board may require which shall include at the minimum the following: De~elopmen~ $~atement: Which shall consist of a petition; a list of the parties of interest with respect to the PRD parcel and any parcel proposed to be used pursuant to the subsection 5a below. A list of the development team and a written statement meeting the requirements of a site evaluation statement under the Subdivision Rules and Regulations of the Planning Board; and setting forth the development concept and the specific requirements of the Zoning Bylaw within a table which includes the following information: 1. The n~mber of units, 94 I I ! I I I I I I ! I I I I I I I I I I I i I I I I I ! I i I I I I I I I I 2. type size (number of bedrooms), 3. floor area, ground coverage~ summary showing open space as percentages of the total area of the PRD tract, 6. development schedule for all site improvements. Copies of the proposed instruments to be recorded with the plans including the Usable Open Space perpetual restriction, which shall be deeded to a membership corporation, non-profit organization, trust, public agency, or the Town of North Andover. Development plans bearing the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting of: Subdivisions - All plans shall be drawn at a scale of 1" = 40' showing all site improvements and meeting, to the extent applicable, the requirements set forth for a Definitive Plan in the Subdivision Rules and Regulations of the Planning Board and; Site Plans - Plans submitted shall meet the requirements contained in Secton 8.3 (Site Plan Review) to the extent applicable. B. Review by Other Town Departmen~s~ the Planning Board shall within ten days of receipt of an application under this Section, refer the application to the Conservation Commission, Public Works Department, Board of Health, Building Inspector, Police Deparment, and Fire Department for written reports and recommendations. No decision shall be made until such reports, are returned or thirty-five days have elapsed following such referral without receipt of such report. C. Findings__of the Planning Board: The Planning Board may issue a special permit under this section only if the Planning Board finds that the PRD is in harmony 95 with' the general purpose and intent of this section and Section 10.3 (Special Pea-mit) and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and meets the purpose and intent of this section, which renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the Zoning District in which the PRD parcel is located. If a special permit is granted, the Planning Board may impose a condition thereof that installation of municipal services and construction of roadways within the PRD shall comply with the requirements of the Subdivision Rules and Regulations of the Planning Board. Further, the Regulations of the Planning Board may require sufficient security to ensure compliance with the Subdivision Rules and Regulations, planned recreation facilities and site amenities; and may impose additional safeguards pertaining to public safety, welfare and convenience. 6. Development Standards: Allowable Parcel Size: For each application filed for a special permit under this section, the applicant must have a contiguous parcel of land, in single or consolidated ownership at the time of application, which is at least ten (10) acres in size. B. Allowable__Use~: The following principal uses are allowed in a Planned Residential Development~ 1. Single family detached houses; residential structures ,with up to five dwelling units per structure, utilizing common wall construction; 3. church or other religious purposes; 4. agriculture on parcels greater than five (5) acres; 5. public parks; 6. conservation area or land preserved as permanent open space; 7. membership clubs for the exclusive use of the 96 I I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I residents of the development. C. Dimensional Requl~tions~ Site Plans -Minimum Lot Size: Not Required -Lot Frontage: Not Required -Ail Yard Setbacks: Not Required -Height Limitation: 30' or 2.5 stories -Distance Between Structures: 50' -Buffer Zone~ 50' from the parcel boundary to any structure located within a PRD Development. Said buffer shall remain open without pavement or roadway(s) and left in ~ts natural condition. D. Dimensional Requlations: Subdivisions -Minimum Lot Size: R-1 and R-2--21,780 square feet; R-3--12,500 square feet -Lot frontage: 100' all zoning districts -All Yard Setbacks: 20' (1) -Height Limitation: 30' and 2.5 stories -Buffer Zone: 50' from the parcel boundary to any structure located with a PRD Development. Said buffer shall remain open without pavement or roadway(s) and left in its natural condition. (1) The structure may be placed upon a side lot line without a side yard setback, provided that the adjacent lot to which the zero setback is located has the required side ~ard setback. Parkinq Requirements: For all Planned Residential Development off-street parking shall be provided as required by Section 8.1 (Off-Street Parking). 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 97 space shall be open and unobstructed to the sky; however, trees, planting, arbors, flagpoles, sculptures, fountains, swi~.~.~ng pools, atriums, outdoor recreational facilities and similar objects shall not be considered obstructions. For subdivision PRD's the minimum usable open 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. For site planned PRD's, the minimum usuable 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. Ail resource area shall be determined by the requirements of M.G.L. Chapter 131, section 40, the Town's Wetland Bylaws under this subsection. and For all PRD's the Usable Open space shall be owned in common by and readily accessible to the owners of all the units in the PRD by any of the following groups~ 1. A non-profit organization or trust whose members are all the owners and occupants of the units, private organization including but not limited to the Trustees of Reservations or Essex County Greenbelt Association whose primary function is the preservation of open space, 3. the Town of North Andover, any group as indicated by the Planning Board which exists or is created for the purpose of preserving open space for the owners of the units located in a PRD Project. Further, a perpetual restriction of the type described in M.G.L. Chapter 184, section 31, (including future amendments thereto and corresponding provisions to future laws) running to or enforceable by the To~n shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation. Such restriction shall be in such form and substance 98 ! ! I I I I I I I I I I as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may deem appropriate. Ca!~ulation of Al~owable..Residential In order to determine the residential density of a PRD Development, the applicant shall present the following info~mation: a) A preliminary subdivision plan which meets the requirements o~ Section III (2)(a) of the "Rules and Regulations Governing the Subdivision of Land, Town of North Andover". The lots so provided by the preliminary plan shall conform to the Zoning Bylaw. b) Wetland Boundaries on the site shall be verified by the Conservation Administrator of the Town of North Andover in accordance with the requirements of M.G.L. Chapter 131. Section 40 and the Town's Wetland Bylaws. H. .Density. Bonuses 1. Affordable Housing Bonus For all PRD's the total number of allowable lots and/or dwelling units may be increased up to 20% if the developer designates at least 30% of the total number of units for use in conjunction with one or more state or federal housing assistance programs. However, in the instance where the use of federal or state programs are not available to the Housing Authority, the Planning Board, after consultation with the Housing Authority, may propose alternative methods of attaining the Affordable Housing Bonus. The developer shall certify, in writing to the Planning Board that the appropriate number of dwelling units have been set aside and conveyed to the North Andover Housing Authority (or other actions are required), before the Planning Board shall grant any special permit with density bonus provisions. Further, the developer shall be responsible to work with the North Andover Housing Authority to initiate and conclude occupancy of said units within one year of their completion. Failure to do so shall be deemed a violation of the special 99 permit criteria. The granting of this bonus density shall not exempt the proposed development from any other criteria required by this Section or regulation contained in the Town Bylaws. 2. Open Space Bonus For muir-family PRD's, the total number of allowable dwelling units maybe increased up to 10% if the proposed PRD provides sixty-five percent (65%) usable open space consistent with the definition of usable open space as provided in this section. The granting of this bonus density shall not exempt the proposed development from any other criteria required by this section. Maximum Density Proposed PRD's may utiiize both bonus provisions, i.e. affordable housing and open space; however, the granting of bonus densities shall not exempt the proposed development from any other criteria required by this section. 8.6 Satellite Receiver Discs (1987/83) To restrict the erection and/or installation of satellite microwave receiver discs in residential districts to a ground level area, to the rear of the rear line of the building, within the side boundary lines of the same building so that it is out of sight from the street. 100 I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I i ! NON-CONFORMING USES SECTION 9 9.1 Continuance Any non-confo£ming building, structure, or use, as defined herein, which lawfully existed at the time of passage of the applicable provision of this or any prior by Law or any amendment thereto may be continued subject to the provisions of this By Law. Any lawfully non-confo~-ming building or structure and any lawfully non-conforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully non-confo~i~ing, but such building or use shall not at any time be changed, extended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated, or except as may be permitted by a Special Pea-mit or otherwise by the North Andover Board of Appeals. Pre-existing non-conforming structures or uses, however, may be extended or altered, provided that no such extension or alteration shall be permitted unless there is a finding by the Board of Appeals that such change, extension, or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. 9.2 Alteration or Extension A use or structure housing a use, which does not conform to the regulations of this By Law but which did conform to all applicable regulations when initially established shall not be changed, extended, or enlarged except in accordance with the following provisions: 1. Such change shall be approved by a Special Permit or otherwise by the Board of Appeals. Such change shall be permitted only upon the same lot occupied by the non-conforming use on the date that it became non-conforming. Any increase in volume, area, or extent of the non- conforming use shall not exceed an aggregate of more than twenty five percent (25%) of the original use. No change shall be pemmitted Which tends to lengthen the economic life of the non-conformity longer than a period reasonable for the amortization of the initial investment. 101 9.3 Rebuilding After Catastrophe Any non-conforming building or structure destroyed or damaged by fire, flood, lightning, wind or otherwise to the extent of sixty-five percent (65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in thte zoning district in which such building is located, or except as may be pe£mitted by a Special Permit or otherwise by the Board of Appeals acting under G.L. Chapter 40-A. 9.4 Abandonment If any lawfully non-confofming building or use of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one confoz-ming with the North Andover Zoning By Law in the district in which it is located, it shall thereafter continue to conform. 102 ! I I I I I I I ! I I I i ! I I ! ! i I I I I I I I I I I I I I I i I I I I SECTION 10 ADMINISTRATION 10.1 Enforcement The North Andover Zoning By Law shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this By Law or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. If the Building Inspector is so informed in writing and declines to act, he shall within fourteen (14) days of his receipt of such information give to his informant, in writing, his reasons for refraining form taking any action. The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupany of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail addressed to the owner at the address appearing for him on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain or abate any violation of this ByLaw. 10.11 Building Permit No building shall be erected, altered, moved, razed or added to in North Andover without a written permit issued by the Building Inspector. Such permits shall be applied for in writing to the Building Inspector. The Building Inspector shall not issue any such permit unless the plans for the building and the intended use thereof in all respects fulfill the provisions of the North Andover Zoning By Law (.and other applicable town by-laws) except as may have been specifically permitted otherwise by action of the North Andover Board of Appeals, provided a written copy of the terms governing any exception so pezmitted be attached to the application for a building permit and to the building permit issued therefor. One copy of each such permit, as issued, including any conditions or exceptions 103 10.12 10.13 10.2 10.21 attached thereto, shall be kept on file in the office of the Building Inspector. In addition to the infozmation required above, a plot plan shall indicate provisions for all other physical requirements of this. By Law, including but not limited to off-street parking, screening and fencing. Upon granting a permit the Building Inspector shall cause a copy to be posted on the property to which it relates in a conspicuous place. Certificate of Use and Occupancy No building hereafter erected, enlarged, extended, or altered shall be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the Building Inspector. No building or land changed from one use to another, in whole or in part, shall be occupied ur used until a certificate of use and occupancy has been issued by the Building Inspector. This certificate shall certify compliance with the provisions of this By Law and of all applicable Codes (1974). Penalty for Violation Whoever continues to violate the provisions of this Bylaw after written notice from the Building Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three hundred dollars ($300). Each day that such violation continues shall be considered a separate offense. (1986/15) I I I I I I I I I I I Board of Appeals I Appointment and Organization There shall be a Board of Appeals of five (5) members and not more than three (3) Associate Members, which shall have and exercise all the powers provided under G. L. Chapter 40-A, and which shall hear and decide all matters specifically referred to the Board of Appeals by the North Andover Zoning By Law and other matters referred to such Board by statute. The Board of Appeals members and Associate Members shall be appointed by the Selectmen in the manner provided by statute. Within two (2) weeks of the beginning of each calendar I I I I I ! I I I I I I I I 10.22 year, the Zoning Board of Appeals shall organize and elect a Chairman and Clerk from within its own membership. The length of terms of the members of the Board of Appeals shall be such that the te~m of one member expires each year. A member of the Board of Appeals may be removed for cause by the Board of Selectmen only after written charges have been made and a public hearing has been held. Vacancies caused by dismissal, resignation, death or any other cause shall be filled in the same mabber as Zoning Board of Appeals members are appointed. Powers of the Board of Appeals The Board of Appeals shall have the following powers: To hear and decide actions and appeals as provided herein; To hear and decide applications for appropriate Special Permits and variances which the Board of Appeals is required to act upon under this By Law. i I 10.3 Special Permit The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its business relative to the issuance of Special Permits. A copy of these rules and regulations shall be filed with the Town Clerk. The rules and regulations shall contain, as a minimum, a description of the size, form, contents, style and number of copies and number of plans and specifications to be submitted and the procedures for submission and approval of Special Permits. The Special Permit Granting Authority may grant a Special Permit within the framework of this By Law only after holding a public hearing which must be held within sixty-five (65) days after the applicant files for such Special Permit. The sixty-five (65) day i period shall be deemed to have begun with the filing of the application with the Special Permit Grtanting Authority. The applicant is responsible for transmitting a copy of the application for a Special Permit within twenty-four (24) hours of the filing of the application with the Planning Board or the Board of m 105 Selectmen and to the Town Clerk. If an application for a Special Permit is to be filed with the Board of Appeals, the applicant shall file the application with the Town Clerk, who shall transmit the application to the Board of Appeals within twenty-four (24) hours. 10.31 Conditions for Approval of Special Per-it The Special Permit Granting Authority shall not approve any such application for a Special Permit unless it finds that in its judgment all the following conditions are met: a) The specific site is an appropriate location for such a use, structure, or condition; b) The use as developed will not adversely affect the neighborhood; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e) The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this ByLaw. In approving a Special Permit, the Special Permit Granting Authority may at.tach such conditions and safeguards as are deemed necessary to protect the neighborhood such as, but not limited to, the following: a) Requirements of front, side, or rear yards greater than the minimum required by this By Law. b) Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices as specified by the Special Permit Granting Authority; c) Modification of the exterior features or appearances of the structure; 106 I I I I i I I I I I I I ! I I I I I I I I I I I I I I I I I I i I I I I I I e) Limitation of size, number of occupants, method or time of operation, or extent of facilities; Regulation of number, design, and location of access drives or other traffic features. 3. Special Permit granted under the provisions con- tained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced. If the applicant can show good cause why substantial use or con- struction has not commenced within the two (2) year period, the Special Pezmit Granting Authority, at its discretion, may extend the Special Permit for an additional one (1) year period. Included within the two (2) year period stated above, is the time required to pursue or wait the determi- nation of an appeal from the provisions of this By Law. 4. The Special Permit Granting Authority may, within the guidelines for Special Permits contained here- in, allow accessory uses whether located on the same lot as the principal use or not, wherever necessary in connection with scientific research, scientific development or related production pro- vided that the Special Permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good. 5. Within (90) days following the date of the public hearing, the Special Permit Granting Authority shall take final action in the matter in order to issue any Special Permit provided for in this Zoning ByLaw. There shall be at least four (4) of the five (5) members of the Granting Authority voting in favor of issuing the Special Permit. 6. A Special Permit granted under the provisions of this By Law shall not take effect until~ a) The Town Clerk certifies on a copy of the decision that twenty (20) days have elapsed without filing of an.appeal or that any appeal filed has been dismissed or denied; b) The certified decision has been recorded at the owner's expense in the Essex County Registry of Deeds, indexed in the grantor i07 10.32 10,4 index under the name of the record owner, and noted on the owner's Certificate of Title; c) If the Special Permit involves registered property, the decision, at the owner's expense, shall also be filed with the Recorder of the Land Court. The Special Permit Granting Authority shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or failing to vote, in- dicating such fact, and setting forth clearly the reason or reasons for its decision of its official actions, copies of all which shall be filed within fourteen (14) days in the office of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner or applicant, to the parties in interest designated herein, and to every person present at the hearing who requested that notice was to be sent. Each notice shall specify that appeals, if any, shall be made pursuant as to Section 17 of Chapter 40-A and shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner and identification of the land and/or structures affected (if a variance complies with the statutory requirements for issuing variance). Certified copies of the decision shall be filed with the appropriate Special Permit Granting Authority and the Town Clerk. Temporary Perm~ t The Board of Appeals may grant a temporary Special Permit for use or occupancy permit for a period of not more than one (1) year at a time, subject to a single renewal. Such permits shall be subject to conditions imposed by the Board related to safeguarding the character of the district affected and shall be processed in accordance with the procedures provided herein for the granting of Special Pe£mits. Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning By Law where the Board finds that owing to circum- 108 I I I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I stances relating to soil conditions, slope, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this By Law will involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substan- tially derogating from the intent or purpose of this By Law. Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action form the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or Board of the Town of North Andover, or an abuting city or town, aggrieved by any order or decision of the Building Inspector or other administrative officials in violation of any provisions of this ByLaw. Any petition for an appeal above must be taken within thirty (30) days of the date of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or Board, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zoning Board of Appeals all documents and paper constituting the records of the case in which the appeal is taken. No petition for a variance or appeals shall be granted until a public hearing is held on the matter by the Zoning Board of Appeals within sixty-five (65) days after the Zoning Board of Appeals receives the petition from the Town Clerk. The Zoning Board of Appeals must make its decision on a petition for a variance or appeal within seventy-five (75) days after the date of the petition is filed with the Town Clerk. In order to grant a petition for a variance or an appeal, four (4) of the five (5.) members 'of the Board must concur. If the Zoning Board of Appeals fails to act within the time limits specified herein, the petition for a variance or appeal shall be deemed granted. 109 10.5 a) In the case of a variance, the Zoning Board of Appeals may impose conditions, safeguards and limitations of time and use, however, these conditions cannot require continued ownership of the land or structure to which the variance pertains by the applicant, petitioner, or owner. Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant, they shall lapse and may be re-established only after notice and a new hearing. The Zoning Board of Appeals shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons which shall be filed within fourteen (14) days in the office of the Town Clerk and shall be a public record. Notice of the decision shall be mailed forthwith to the petitioner, applicant, or appellant, to the parties in interest designated herein, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be filed within twenty (20) days after the date of filing of such notice in the office of the Town Clerk. The decision shall also contain the names and addresses of the owner, and identifica- tion of the land and/or structure affected (if a variance procedure - how the variance complies with the statutory requirements for issuing a variance). Certification that copies of the decision have been filed with the Planning Board and Town Clerk are required. Amendments to Zoning By Law This By Law shall be adopted and shall be amended from time to time by a two-thirds vote at an annual or special town meeting. Amendments to this By Law may be initiated by submission of the amendment to the Board of Selectmen by any of the following~ a) Board of Selectmen; b) Zoning Board of Appeals; c) by an individual owning land to be affected, by the amendment; d) by request of registered voters of the town pursuant to Section 10, Chapter 39 of the Mass. General Laws; e) by the Planning Board; and f) by the Merrimack Valley Planning Commission. 110 I I I I I I I I I I I I I I I I I I I 10.51 Submission of Amendment to Planning Board I Within fourteen (14) days of receipt an the of application for a amendment to this By Law, the Board of Selectmen shall submit the proposed amendment to the Planning Board for review. I I I I I I The Planning Board shall hold a public hearing on any North Andover Town Meeting Warrant article to amend the Zoning ByLaw or the zoning map and shall report its recommendations thereon, if any, to the Town Meeting. Each warrant article to change the zoning map shall explicity state the nature, extent, and location of the map change proposed and shall be accompanied by~ Three blackline prints of a diagram to scale showing and stating clearly the dimensions in feet of the land area proposed to be changed as to zone; Also, a sketch or other explicit identification of the location of such land in relation to the majority of the rest of the town. I I I I I I I I 10.52 Public Hearings Within sixty-five (65) days after receipt of a proposed amendment from the Board of Selectmen, or within sixty- five (65) days after the receipt of an application for a Special Permit, the Planning Board or Zoning Board of Appeals, as the case may be, shall hold a public hearing, notice of which shall be published in a newspaper of general circulation covering the town once in each of two (2) successive weeks. The first publication may not be less than fourten (14) days before the day of the hearing, (the date of the public hearing shall not be counted in the fourteen (14) days.) Additionally, notification of the public hearing shall be posed in a conspicuous place in the North Andover Town Hall for a period of not less than fourteen (14) days before the date of the hearing. Further, notification of the public hearing shall be sent to the Massachusetts Department of Community Affairs, the Merrimack Valley Planning Commission, and Planning Boards of all abutting cities and towns prior to public hearing date. Notice of the public hearing shall include: a) the time and place of hearing; b) the subject matter; c) the place where texts and maps may I 111 10.53 10.54 10.55 10.56 10.57 be inspected. Report by Planning Board No vote to adopt the proposed amendment shall be taken by the Town Meeting until the report with recommen- dations by the Planning Board has been submitted to the Town Meeting or until twenty-one (21) days after said hearing has elapsed without submission of said reports or submissions. After such notice, hearing, and report, or after twenty-one (21) days shall have elapsed after such hearing, without submission of such report, the Town Meeting (annual or special) may adopt, reject, or amend any such proposed amendment. Failure to Adopt If the Town Meeting fails to vote to adopt any proposed By Law amendment within six (6) months after the hearing described heretofore, no action shall be taken thereon until after a subsequent public hearing is held with notice and report as heretofore provided. Repetitive Petitions If any proposed By Law amendment thereto is acted upon unfavorably by the Town Meeting (annual or special), it shall not be acted upon again for a period of two (2) years from the date of the unfavorable action unless the Planning Board recoa-~ended in favor of the petition in the report. Procedural Defects In accordance with Chapter 40-A, no claim or invalidity of this By Law or any amendment to this By Law arising out of a possible defect in the procedure of adoption or amendment shall be made in any legal proceeding and no state, regional, county, or municipal officer shall refuse, deny, or revoke any permit, approval, or certificate because of any.such claim of invalidity unless such claim is made within one hundred twenty (120) days after the adoption of the ByLaw or admendment. Notice specifying the court, parties, invalidity claim, and date of filing is filed together with a copy of the petition, with the Town Clerk within seven (7) days after commencement of the action. Effect of Subsequent Amendments 112 I I l m I I I I I I I l I I I I I I I I I I I I I I I I I I I I I I I I I I 10.6 10.7 10.8 In the case of amendments to this ByLaw or changes in the districts or the boundaries subsequent to the date this ByLaw becomes effective, the right to continue the use or maintenance of any building, structure, or premises which was lawful when such amendment or change, except as provided by statute, specifically: that construction or operations under a building permit or Special Permit shall conform to any subsequent amendment unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit , (the date of issuance shall be considered to be the date on which the building permit was issued or in the case of a Special Permit, the date on which the Planning Board voted final action) and in cases involving construction unless such construction is continued through completion as continuously and expeditiously as is reasonable. Conflict of Laws In general, this By Law is supplementary to other North Andover By Laws affecting the use, height, area, and locatin of buildings and structures and the use of premises. Where this ByLaw imposes a greater restriction upon the use, height, area, and location of buildings and structures and the use of premises than is imposed by other By Laws, the provisions of this By Law shall control. Validity The invalidity of any section or provision of this By Law shall not invalidate any other section or provision thereof. Repetitive Petitions When 1) the Planning Board denies an application for a Special Permit; or, 2) the Board of Appeals denies a petition or a variance, no application on the same matter may be heard and acted favorably upon for a two (2) year period unless the following conditions are met: In the case of 1) above, four (4) of the five (5) members of the Planning Board find that there are specific and material changes in the conditions upon which the previous unfavorable action was based, and 113 describes such changes in the records of its proceedings, and only after a public hearing at which such consent will be considered and after notice is given to parties in interes. I I I In the case of 2) above, the Zoning Board of Appeals may not act favorably upon a petition which has been previously denied within a two (2) year period of time unless four (4) of the five (5) members of the Zoning · Board of Appeals find that there are specific and material changes in the conditions upon which the previous unfavorable actin was based and describes such changes in the records of its proceedings and only after a public hearing, held by the Planning Board, at which consent to allow the petitioner to re-petition the Zoning Board of Appeals will be considered and after notice is given to parties in interest and only with four (4) of the five (5) members of the Planning Board voting to grant consent. 10.9 Withdrawal Without Prejudice I i I I I I Any petition for a variance which has been transmitted to the Zoning Board of Appeals or any application for a Special Pez~,it which has been transmitted to the planning Board may be withdrawn, without prejudice, by the petitioner prior to the publication of notice of a public hearing thereon, but thereafter be withdrawn without prejudice only with approal (majority vote) of the Zoning Board of Appeals or Planning Board repsectively. I 114 I I I I I I I I I I I I I I I I I I $NC?ION 11 PLANNED DEUELO~ DISTRICT 11.1 Jurisdiction The Planning Board may grant a Special Permit for construction of a PDD'in the following district: I-S. The Special Pez-,~it shall confoz~, to this ByLaw and to G. L. Chapter 40-A, Section 9, and to regulations which the Planning Board shall adopt for carrying out its duties hereunder. Except as set out hereunder, or in the Planning Board's regulations, or in a specific permit granted hereunder, the provisions of the Zoning ByLaw shall continue to govern. ii.2 Purpose The purpose of the PDD District is to provide for a mixture of land usage at designated locations at greater density and intensity than would normally be allowed provided that said land usage: 1. Does not detract from the livability and aesthetic qualities of the environment. 2. Is consistent with the objectives of the Zoning By Law. Promotes more efficient use of land while pro- tecting natural resources, such as water re- sources, wetlands, floodplains, and wildlife. 4. Promotes diverse, energy-efficient housing at a variety of costs. 11.3 Procedures 1. Pre-application Conference Prior to the submission of an application for a Special Permit, the applicant at his option may confer with the Planning Board to obtain informa- tion and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. 2. Submission of Preliminary Plan The applicant shall file a preliminary plan ac- companied by the form titled "Submission of Pre- liminaryPlan, Planned Development" to the Planning 115 Board at a regularly scheduled meeting. A copy of the preliminary plan and the above form shall also be filed in the office of the Town Clerk. The Planning Board, within sixty (60) days from receipt of the plaD by the Town Clerk, shall review and determine whether the proposed project is consistent with the most suitable development of the town. The Planning Board may suggest modi- fications and changes to the preliminary plan in anticipation of the filing of the definitive plan. if the Planning Board fails to act within sixty (60) days, the applicant may proceed to file his definitive plan. Contents of Preliminary Plan~ Planned Development District: a) Planned Development Boundaries, north point, date, scale, legend, and title "Preliminary Plan: Planned Development", the name or names of applicants, and engineer or designer. b) Names of all abutters, land uses, and approxi- mate location and width of all adjacent streets. c) In a general manner, the existing and propsed lines of streets, ways, easements, and of any public areas within or next to the Planned Development. d) The approximate boundary lines of existing and proposed lots with approximate areas and dimensions. e) The proposed system of drainage, including adjacent existing natural waterways and the topography of the land in a general manner. f) Existing and proposed buildings, significant structures and proposed open space in a general manner. g) An analysis of the natural features of the site, including wetlands, floodplains, slopes over 12%, soil condtions, and other features requested by the Planning Board. h) A description of the neighborhood in which the tract lies, including utilities and 116 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I other public facilities and the general impact of the proposed PDD upon them, i) A summary of environmental conce~hs relating to the PDD. 3. Submission of Definitive Plan The applicant shall submit an application for a Special Pe£mit accompanied by the original of the definitive plan plus twelve (12) copies thereof. Contents of Definitive Plan: The application for a Special Permit and site plan review shall be accompanied by the original copy of the definitive plan and other data required to be submitted in triplicate and shall contain the following data~ Ail items in "Contents of the Preliminary Plan: Planned Development District" (a through and including i) shall be incorporated. a) b) c) It shall be drawn at a scale of one inch equals forth feet unless another scale is requested and found suitable by the Planning Board. The plan shall be prepared by a land surveyor, professional engineer, or architect. Ths scale, date, and north arrow shall be shown. d) The plan shall be certified by the land surveyor doing the boundary survey and the professional engineer or architect on the location of the buildings, setbacks, and all other required dimensions, elevations, and measurements and shall be signed under the penalties of perjury. e) The corner points of the lot and change of direction of lines shall be marked by stone monuments, cut in stone, stake and nail, iron pin, or other marker and shall be so marked. f) Lot number, dimensions of lot in feet, size of lot in square feet, and width of abutting streets and ways. 117 g) Easments within the lot and abutting thereon. h) The location of existing or proposed buildings on the lot. i) The location of existing wetlands, water bodies, wells, 100-year floodplain elevation and other natural features requested by the Planning Board. j) The dimensions of the existing and proposed buildings in feet. k) The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot. 1) Percent of the lot coverage. m) Average finished grade Of each proposed building. n) The elevation above average finished grade of the floor and ceiling of the lowest floor of each proposed building. o) Existing and proposed topographical lines at two (2) foot intervals. p) The use designation of each building or part thereof, and of each section of open ground, plaza, or usable roof space. q) Numbering of parking spaces. r) Height of all proposed buildings, above average finished grade of abutting streets. s) Number of apartments, meeting rooms, and restaurant and theater. t) Total square feet of fl0°r space of all land- scape and recreation areas, and depiction of materials to be used (grass, 5-foot shrubs, etc.). u) Deed or other recorded instrument that shows the application to be the owner or owner under option of the land to be designated as a Planned Development. 118 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11.4 Minim~ Requir-~ents The plan shall be subject to the following conditiions and the Planning Board shall make a determination that the project meets all the following conditions: 1. The project is consistent with the purposes set out in Section 2. 2. If more than twenty-five percent (25%) of the PDD is located within a residential district, at least fifty-one percent (51%) of the building area and accessory facilities in the pDD shall be used for residential purposes. 3. Ingress and egress for traffic flow is designed properly so that there will be no serious hazard to vehicles or pedestrians. 4. Adequate parking facilities are provided for each use and structure in the development. 5. Major facilities or functions which require siting within scenic areas are designed to be visually compatible with the natural or historical charac- teristics. 6. The project does not adversely affect the natural environment to the detriment of community charac- ter and public health and safety. 11.5 Permitted Uses In a Planned Development District, the following uses are permitted: 1. Residential a) Detached 1, 2, or 3 family residential struc- tures. b) Apartment Houses c) Town Houses 2. Business a) Restaurant b) Theater, Museums 119 11.6 c) General retail sales and service (except retail sales of automobiles, mobile homes, house trailers and except automobile service station) d) Banks and financial services e) Business and professional offices f) Personal services g) Recreation 3. Industrial Use a) Any uses which the Planning Board determines are not injurious to the safety or general welfare of the area. Area Regulations PDD Site Area No PDD shall be permitted on a site of less than 60,000 square feet. Usable 0pen Space In all PDD's, at least twenty percent (20%) of the land shall be set aside as permanent usable open space, for the use of the PDD residents, or for all PDD users, or for the community. The required open space shall be conveyed to the Conservation Commission or to a non-profit conservation organization, or to a corporation to trust representing persons responsible for the PDD, and shall be protected by a conservation restriction as required by G. L. Chapter 40-A, Section 9 for common open space in cluster developments. A convenant shall be placed on the land such that no part of the PDD can be built, sold or occupied until such time as a satisfactory written agreement has been executed for protection of the open space. Setback Requirements Insofar as the PDD abuts a residential district, all proposed structures and facilities within the PDD shall be set back not less than twenty-five (25) feet from adjacent property lines or adjacent street lines where the PDD shall be separated or shielded from adjacent property lines by means of a buffer, fencing, setbacks, 120 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11.7 or appropriate landscaping. Relation to Subdivision Control Act Approval of a Special Permit hereunder shall not substitute for compliance with the Subdivision Control Act, nor oblige the Planning Board to approve any related definitive plan for subdivision, nor reduce any time periods for Board consideration under that law. However, in order to facilitate processing, the Planning Board may insofar as practical under existing law, adopt regulations establishing procedures for submission of a combied plan and application which shall satisfy this section and the Board's regulations under the Subdivision Control Act. 121 LMtGE ~STATE CONDONII~IUM COIT4ERSION 12.1 PuEpose The purpose of this subsection is to permit existing buildings or large tracts of land in Residence Districts 1, 2, and 3 to be converted to single family condominium dwelling units compatible with such residence districts, to create new housing involving relatively little new construction, to generate tax revenue to the Town, to preserve existing buildings, to preserve the residential character of the Town and to preserve open space in the Town. In order to provide for development that is compatible with Residence Districts 1, 2, and 3, which districts are primarily for single family residences, the conversions to dwelling units under this subsection are to condominium dwelling units, which can be separately owned, and are therefore a type of development similar in character to other development in such districts. 12.2 Requizements Properties meeting the following requirements shall be eligible for consideratin for a condominium conversion Special Permit: 1. Parcels with one (1) or more existing buildings in a Residence 1, 2, or 3 District of not less than ten (10) acres and with not less than one hundred and fifty (150) feet of frontage on a public way. 2. Any dwelling located on a lot of record as of April 24, 1982 may be converted to condominium dwelling units. 3. The total number of dwelling units that can be created under a condominium conversion Special Permit shall not exceed n-2, where "n" is the number of acres in the parcel. 4. Each condominium dwelling unit shall be an independent dwelling unit intended for use by a single family, with its own bath and toilet facilities and its own kitchen. The average square footage of the interior living space of the units shall be not less than eight hundred and fifty (850) square feet per unit. 5. No building (including both buildings con- verted to condominium dwelling units and other 122 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I buildings not converted to condominium dwelling units) shall be externally enlarged except with the approval of the Planning Board, and in no event shall such enlargement add to any one building more floor area than a number equal to five percent (5%) of the above grade floor area of such building, the floor area of porches and decks to be included in the calcu- lations of floor area. 6. No new building for dwelling purposes may be built on the parcel. New structures may be built pursuant to paragraph 8 (b) below. 7. Parking requirements are subject to Section 8 of the Zoning By Law. 8. For the purposes of this subsection, "open space" shall mean all of the land on the parcel except that land occupied by buildings to be converted to condominium dwelling units and existing buildings to be used for parking purposes. To insure the preservation of open space, the following requirements shall be met: a) Open space may be used for the following purposes: flower gardens, gardens, land- scaping, required parking, roadways and driveways reasonably necessary for the development, underground utilities, recrea- tion not requiring any facility or structure, and land left in its natural state. The open space may be used for other purposes permitted in the residence district if approved by the Planning Board as consistent with the condominium development and charac- ter of the neighborhood. b) On open land all facilities and structures for accessory purposes (such as swimming pools, tennis courts, garages, carports, parking areas, lamp posts, small sheds for tools or sports equipment, fences, including the kind enclosing a tennis court or swimming pool, bath houses, and other accessory structures for accessory purposes) shall be subject to the approval of the Planning Board as to their number, design, locations, uses, and sizes; provided, however, that all such facilities and structures, including roadways and driveways, shall not involve the use of more than twenty percent (20%) of all of the open land on the parcel. 123 C) Ail new utilities, including wiring for lights on open space, paths, and driveways, shall be placed underground. 12.3 Contents of Application An application for a condominium conversion Special Permit shall include the following: 1. Proposed Master Deed and proposed plans to be re- corded therewith, including floor plans, at least one (1) elevation for each building being con- verted to dwelling units, and a site plan for the parcel locating at least each building, roadways and driveways, parking, recreation facilities, utilities, and accessory facilities and structures. 2. Proposed By Laws. 3. A sample proposed Unit Deed. 4. A locus plan showing the parcel and all land immediately adjacent thereto, including nearby buildings and structures. 5. Such other plans, photographs, models or eleva- tions as the Planning Board shall reasonably deem necessary or appropriate to help understand the proposal. 12.4 Char~3e in Application After a condominium conversion Special Permit has been granted, any change in the location or use of a building, any enlargement of a building, any material exterior restoration, any material change in the use of open space, or in the facilities or structures thereon, shall not be permitted except upon an amendment to the Special Permit which shall be upon petition to the Planning Board and after a public hearing (with the provisions of Paragraph 12.5 applying} and upon a finding by the Planning Board that the proposed change or changes do not substantially derogate from the intent and purpose of this subsection. 12.5 Reviee by the Planninq Boar4 Prior to recording, a Special Permit granted under this section shall be subject to the review by the Planning Board of the final plans, and of the Master Deed, and plans to be recorded therewith, and By Laws, as they are 124 I I I I I I I I I i I I I I I I I I I I I i I I I I I I I I I I I I I I to be initially recorded, which final plans, Master Deed, plans, and By Laws shall all be substantially the same as those approved with the Special Permit in all respects material to considerations relevant to the Special Permit, in which case the Chairman of the Planning Board shall endorse copies of such final plans and such Master Deed, plans and By Laws as having received final review and approval under this subsection, which endorsement shall be conclusive evidence thereof. Thereafter, the Master Deed and plans recorded therewith, and By Laws may be amended without Planning Board approval; provided, however, that an amendment to the Special Permit shall be required for those matters specified in Paragraph 12.4 thereof. Any amendment to the Master Deed and plans recorded therewith and By Laws related to an amendment to the Special Permit shall be endorsed by the permitted District(s) with greater flexibility from the pattern otherwise permitted in such districts. 125 SECTION 13 CONTINUING CARE RETIREMENT CENTER I 13.1 Establishment · There is established a Continuing Care Retirement Center · (CCRC) as a permitted use under the Special Permit provisions of this Bylaw. Such pexmitted use may only be authorized in existing Residence 2 and Village Residential Districts. A CCRC parcel may include an adjoining parcel of land which is in the Residential-1 District, providing that no development shall be permitted in the Residential-1 portion. The authorization will empower the Planning Board to review an~ approve a definitive plan under the Special Permit provisions in Section 10.3 and as is otherwise provided for in this section. A CCRC shall include a nursing home care facility and congregate housing units and may also include independent dwelling units and assisted living units. A CCRC may also only include any or all of the foregoing housing types provided it is affiliated with a nursing home. 13.2 Purpose The purpose of the CCRC is to provide for the development and use of specialized housing and nursing care for the elderly on the basis of the Planning Board to issue a special permit in the permitted District(2) with greater flexibility from the pattern otherwise permitted in such districts. It is intended to create health care, including home health care, housing and other supportive services designed to meet the needs of the elderly population and to enable that population to live independently. It is further intended to encourage the preservation of open spaces; to allow for new nursing care facilities and housing that causes relatively little demand on Town services; and to preserve the Town's residential character. In creating an alternative to existing nursing and housing possibilities for the elderly, the CCRC is intended to allow for a greater mixture of buildings, structures and uses with regard to density than is otherwise permitted thereby allowing for the nursing care of the elderly and the relief of the physical, economic and emotional stress associated with the maintenance and care of traditional nursing home and residential properties. 13.3 Definitions a. Nursinq Care Facility. A facility for the care of elderly persons requiring regular attention by medical or nursing personnel for reasons of age, ill health or physical incapacity and which has been I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ,I I I I licensed as a long-term care facility by the Massachusetts Department of Public Health. Conqreq~te Housinq Units. Dwelling units providing private or communal living for elderly persons who ordinarily are ambulatory and require no or limited medical attention or supervision. Such dwelling units shall consist of a room or group of rooms forming a habitable unit for one, two or three persons, with facilities used, or intended to be used, for living, bathing, cooking, eating and sleeping. c..~dependeDt Dwellinq Units. Dwelling units similar in characte~ and use to congregate housing units and providing elderly residents of such units with access to all supportive services provided in congregate housing units. Independent dwelling units may only consist of free-standing buildings which contain up to five (5) dwelling units per structure. d. Assisted Livinq .Units. Dwelling units for elderly individuals or couples in need of assistance with activities of daily living. Such dwelling units may not include facilities for cooking or eating. e. Elderly. A single person who is 62 years of age or older; or two or more persons sharing a household, the older of whom is 62 years of age or older. f. Wetlands. Any area within a parcel of land in a CCRC falling within the definition contained in Chapter 131 of the General Laws of Massachusetts as amended from time to time, or any regulations promulgated pursuant to said chapter. g. Home~_Health Care. Medical and therapeutic services provided to residents in their dwelling units. 13.4 Pe=~itted Uses a. Principal Uses. The following uses shall be pe£mitted in a CCRC: 1. Nursing care facilities; 2. Congregate housing units; 3. Independent dwelling units; 4. Assisted living units; 5. Home health care; 127 Facilities for supportive services, including, but 6. not limited to, medical, rehabilitative, recreational, social and nutritional programs, dining and function rooms, kitchen facilities and laundry facilities. These and ot~ers shall be designed for the primary use of residents. Such supportive services may not be designed or used.as a general business for the larger community oz North Andover and environs. 7. Any other use deemed reasonably necessary or_ ancillary by the Planning Board to facilitate the uses described above, meaning and intending .to pexmit those services and programs customarily offered in CCRC. 5.1 Standards and Restrictions a. Minimum Lot Size. A CCRC shall be permitted only Within ~singie lot containing a total area of not less than twenty-five (25) acres. Existing public or private ways need not constitute boundaries of the lot, but the area within.such ways shall not be counted in dete~,iningmlnimum lot size. As used in Section 13, parcel and lot shall have the same meaning. b. Permissible Density. Unless in compliance with the bonus density provisions of subsection 6., the dwelling unit density shall not exceed an average of four (4) units per acre in a parcel which is located within the Residential-2 District and five (5) units per acre in a parcel which is located within the Village Residential District exclusive of the nursing care facility. When a parcel Ks located in a combined portion of either the Residential-2 and Residential-1 or the Village Residential and Residential-1 Districts, a density factor of 2 units per acre shall be applicable to the portion in the Residential-1 District. However, in no instance shall any development such as the construction of buildings, roads and parking lots be permitted in ~he Residential-1 District nor shall any development an Residential-2 or Village Residential District adversely impact the Residential-1 District. For parcels which are located in a combine? portion of the Residential-2 and Villiage Residential Districts, the pe~missable density for each District shall be applicable. Also, in no event shall the total number of independent dwelling units exceed fifteen (15) percent of the total number of dwelling units otherwise allowed in any CCRC parcel. Further, in no instance shall the Floor Area Ratio of the entire 128 I project exceed 0.25, nor shall the total number of dwelling units exceed 250 for any parcel regardless of total acreage or density bonuses provided under paragraph 6. I I I I I I I I ! I I I I I I I c. Maximum Lot Coveraq~. In no event shall the maximum lot coverage of buildings and structures exceed twenty-five (25) percent. d. Dimensional Requirements. 1. Perimeter Setback. The setback area is intended to provid~-a perimeter greenbelt around the CCRC except for road and utility crossings. No building or other structure shall be located within one hundred (100) feet of perimeter lines of CCRC parcel. Co~,on open space lying within a setback area shall qualify as fulfilling this requirement. A perimeter landscaping plan shall be submitted to the Planning Board for its approval provided that nothing shall prevent the construction of walls and fences. The Planning Board may authorize or require landscaping in the Residential-1 District if it is consistent With the objective of screening the CCRC from existing or potential residential developemnt. 2. Minimum Frontaqe. Frontage on any public street or Way shall be one hundred fifty (150) feet, except on Route 114 where for reasons of public safety, the minimum frontage shall be two hundred fifty (250) feet. 3. Maximum ~eiqht. The height of any structure shall not exceed three (3) stories and in no event more than thirty-five (35) feet, excluding bulkheads, chimneys, flagpoles, mechanical penthouses, and similar traditional roof appurtenances. Further, the Planning Board may exempt ornamental or non-habitable architectual features added for aesthetic purposes. e. Common Open Space. Land within the CCRC parcel or lot which is not specifically reserved for the support of the CCRC facilities and which is not covered by buildings, roads, driveways, parking areas or service areas or which is not set aside as private yards, patios or gardens for residents shall be Common Open Space. Further, all Common Open Space shall be open and unobstructed to the sky; flagpoles, sculptures, benches, swimming pools, tennis courts, artriums, trees and similar objects shall not be considered obstructions. The area of Common Open m 129 Space shall equal at least fifty (50) percent of the total area of the CCRC parcel or lot and no more than twenty-five (25) percent of the minimum required Common Open Space shall be situated within wetlands. The Common Open Space shall have a shape, dimension, character and location suitable to enable its enjoyment and use for conservation, recreation and agricultural purposes by the residents of the CCRC. Further, a permanent conservation restriction of the type described in MGL Chapter 184, Section 31, (including future amendments thereto and corresponding provisions in future laws) running to or enforceable by the Town shall be recorded in respect to the Common Open Space. Such restrictions shall provide that the common open space shall be retained in perpetuity for one or more of the following uses: conservation, recreations or agricultural. Such restriction shall be in a form and substance as the Planning Board shall prescribe including the management of said conservation restriction by the Town Conservation Commission, Trustees of Reservations, Essex County Greenbelt Association or other agency or body, all as subject to the approval of the Planning Board. f. Parkinq. The minimum number of parking spaces provide in connection with the uses permitted under this section shall be as follows: 1. Nursinq Care every sleeping occupancy. Facility. One parking space for room for single or double 2. Conqre~ate__Housinq, Assisted Housinq and IndeDendent Dwellinq Units. One parkin~ space for each unit. The Planning Board shall have the discretion to waive the applicant's compliance with these parking requirements provided that the applicant's plans demonstrate the capacity to fully compy with all other requirements of Section 13. g. Public Safety. The Planning Board shall require all CCRC applications to include statements, drawings and/or plans indicating that all applicable public safety (including fire safety and suppression devices) have been provided as required by law. Further, in recognition of the unique requirements of the elderly for protecton against the hazards due to fire, applicants are advised to incorporate sprinkler systems in accordance with provisions of the National Fire Protection Association (NFPA 13D.) 130 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I h. Public Sewer. Ail CCRC projects shall be connected to the-public sewer system. The North Andover Department of Public Works shall review all proposed sewering plans and report as to their adequacy to the Planning Board. 13.6 Density Bonuses a. Affordable Housinq. For all CCRC's the total number of allowable dwelling units may be increased up to 50%, if the applicant designates at least 10% of the total number of units for uses as affordable housing units. Such units may be rented, sold or otherwise provided to elderly persons qualified to receive federal or state rental assistance or subsidies for reducing mortgage payments in accordance with income and assets limitations established by the authorizing state or federal agency. The applicant may choose to meet affordable housing requirements directly by utilizing similar income and assets standards and establishing rents, sales prices or entry fees for units which are determined to be generally consistent with those established under the various subsidy programs. For thispurpose, the Planning Board in consultation with the Housing Authority, may establish rent, carrying charge, maintenance fee, sales price or entry fee in order to meet the requirements for affordable housing. Such units shall be maintained as affordable housing units for the life of the CCRC development. In the event that the applicant is unable to meet its obligations in the manner prescribed above, or as an alternative program, the Planning Board may allow the applicant to contribute funds, in lieu of housing units, to the: Town, Housing Authority or any public or non-profit agency which is authorized to develop or support affordable housing for the elderly. The rate of contribution shall be two (2) dollars per square foot of gross floor area of all buildings and structures exclusive of pools and parking. The granting of this density bonus shall not exempt the applicant from meeting any of the other requirements of this or other referenced sections of the bylaw. b. Open Space. The total number of allowable dwelling units may be increased by 15% if the proposed CCRC provides 75% usable open space consistent with the definition of open space in this section. The granting of this bonus density shall not exempt the applicant from meeting any of the other requirements of this or other referenced sections of the bylaw. 131 13.7 Approval a. Facilities proposed to be built in a CCRC shall be subject to the following procedures: The applicant shall be required to meet with the Planning Board to discuss the provisions of Section 13 and other referenced Sections, the elements of the proposed development and the requirements and specific provisions of the preliminary site plan. The applicant shall submit a preliminary site plan to the Planning Board for its review and recommendations. The applicant will be required to submit a "Definitive Plan" in accordance with the applicable provisions of Section 11.3. The Planning Board may issue a special pez,,it if is determines that all of the applicable requirements for the CCRC have been met and the definitive plan is generally consistent with the preliminary site plan. Relationship__to Subdivision Requlations. The requirements of %-6e special p~mit in no way or ~ manner release the applicant from the requirements of the Subdivision Regulations of the North Andover Planning Board. ! ! Density__Bonus__Limitation. The use of all density bonuses provided herein may not exceed 50%. I I I I I I SECTION 14 INDEPENDENT Rr~E~LY HOUSING 14.1 Establishment Independent Elderly Housing shall be permitted use under the special permit provisions of this bylaw in the Residential 3 District. The Planning Board may review a definitive plan under the special permit provisions in Section 10.3 and as is otherwise provided in this section. 14.2 Purpose The purpose of an Independent Elderly Housing special pezmit is to provide an alternative and supplement to the traditional fozms of elderly housing promoted by the Town. It is further intended to encourage the preservation of open space; and to preserve the Town's residential character. I I I I I I I I 14.3 Definition Independent Elderly Housing is a multi-family residential structure, each dwelling unit with separate access; restricted to individuals and couples 55 years of age and older, but not excluding physically or mentally handicapped individuals. 14.4 Pe£m{tted Uses Single, duplex and multi-family residential structures. 14.5 Standards and Restrictions a. Minimum Lot Size: A single lot at least 10 acres. b. Permissable Densit¥~ Four dwelling units per acre, with no mor~--than eighty (80) dwelling units in any one independent elderly housing development, or not more than one hundred (100) in the event of compliance with the provisions of paragraph 6 below (Density Bonus); and in no instance shall the maximum FAR excees 0.20. c. Maximum Lot Coveraqe: In no event shall the maximum lot coverage of buildings exceed twenty-five percent (25%). d. Setbacks: 1. Perimeter Setback: The setback erea is intended I to provide a perimeter greenbelt around any independent elderly housing development except for I 133 roads and utility crossings. No building or other structure shall be located within one hundred (100) feet of the perimeter lot lines of an independent elderly housing development. 2. Minimum Frontage: Frontage on any public street or way shall be one hundred fifty (150) feet, except Route 114 where for reasons of public safety shall be two hundred fifty (250) feet. 3. Maximum Height: conform to the District. The height of any structure shall height requirement of the R-3 e. Common ODen Spaces All land within the parcel or lot which is not specifically reserved for the support of dwelling units and which is not covered by buildings, roads, driveways, parking areas or service areas, or which is not set aside as private yards, patios or gardens for residents shall be co~on open space. Further, all common open space shall be open and unobstructed to the sky; flagpoles, sculptures, benches, swimming pools, tennis courts, atriums, trees and similar objects shall not be considered obstructions. The area of common open space shall equal at least fifty (50) percent of the total area of parcel or lot and not more than twenty-five (25) percent of the minimum required common open space shall be situated within wetlands. The common open space shall have a shape dimension, character and location suitable to enable its enjoyment and use for conservation, recreation and agriculture purposes by the residents. Further, a permanent conservation restriction of the type described in MGL Chapter 184, Section 31 (including future amendments thereto and corresponding provisions in future laws) running to or enforceable by the Town shall be recorded in respect to the common open space. Such restrictions shall provide that the common open space be retained in perpetuity for one or more of the following uses~ conservation, recreation or agriculture. Such restriction shall be in a foam and substance as the Planning Board shall prescribe including the management of said conservation restriction by the Town Conservation Commission, Trustees of Reservations, Essex County Greenbelt Association or other agency or body, all as subject to the approval of the Planning Board. f. Parkinq: Two off-street parking spaces per dwelling unit. g. Public Sewers Ail projects shall be connected to the 134 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I !1 I I I public sewer system. The North Andover Department of Public Works shall review all proposed sewering plans and report as to their adequacy to the Planning Board. h. Approval: Facilities and/or units proposed to be built as Independent Elderly Housing shall be subject to the following procedures: 1. The applicant shall be required to meet with the I Planning Board to discuss the provisions of Section 14 and the referenced section, the elements of the proposed development and the i requirements .and specific provisions of the preliminary s~te plan. The applicant shall submit a preliminary site plan to the Planning Board for its review and recommendations. I 2. The applicant will be required to submit a "Definitive Plan" in accordance with the I applicable provisions 'of Section 11.3. The Planning Board may issue a special permit if it determines that all of the applicable requirements for independent elderly housing have been met and the definitive plan is generally consistent with the preliminary site plan. i. Relationship to Subdivision Regulations: The requirements of the special permit in no way or manner release the applicant from the requirements of the Subdivision Regulations of the North Andover Planning Board. 14.6 Density Bonus a. Affordable Housinq: For all Independent Elderly Housing, th~ tOtal number of allowable dwelling units may be increased by 25%, if the applicant designates at least 10% of the total number of units for use as affordable elderly housing units. Such units maybe rented, sold or otherwise provided to elderly persons qualified to receive federal or state rental assistance or subsides for .reducing mortgage payments in accordance with income and assets limitations established by the azuthorizing state or federal agency. The applicant may choose to meet affordable housing requirements directly by utilizing similar income and assets standards and establishing rents, sales price of entry fees for units which are determined to be generally consistent with those established under the various subsidy programs. For this purpose, the Planning Board in consultation with the Housing Authority, may establish the rent, 135 carrying charge, maintenance fee, sales price or entry fee in order to meet the requirements for affordable housing. Such units shall be maintained as affordable housing units for the life of the Independent Elderly Housing development. In the event that the applicant is unable to meet its obligations in the manner prescribed above, or as an alternative program, the Planning Board may allow the applicant to contribute funds, in lieu of housing units, to the= Town, Housing Author£ty or any public or non-profit agency which is authorized to develop or support affordable elderly housing. The rate of contribution shall be two (2) dollars per square foot of Gross Floor Area of all buildings and structures exclusive of underground parking or swimming pools. The granting of this density bonus shall not exempt the applicant from meeting any of the other provisions of this or other referenced sections of this bylaw. I I I I I I I I I I I I I I TABLI~ 1 SUI~h~Y OF USE RE~UI~?IONS RESIDENTIAL COMMERCIAL Permitted Use Res Res Vill Res 1,2, 4 Res 5 & 3 Agricultural Use* Yes Yes Yes Yes Art Gallery No No No No Auto Service Station* No No No No Auto & Vehicle Repair, Bodv Shop No No No No Bus Garage No No 'No Business & Other Offices No No No Car Wash No No No .Cemetery No No No Yes Yes Yes Yes Congregate Housing No SP No No .Continuing Care Retirement Center Yes*No No Eating & Drinking Establishment No No No No* Funeral Parlor No No No No Golf Course Guest House Independent Elderly Housing Indoor Place of Amusement or Assembly Indoor Ice Skating Facilities Bus Bus Bus Bus rill Gen 1 2 3 4 CommBus Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes No Yes*Yes*No No Yes~ No No No No NO Yes No No No No No Yes No* Yes Yes Yes Yes Yes No NO No No Yes Yes No NO No No No. No No No No No No No No No No No No No No Yes Yes Yes Yes No Yes Yes Yes Yes No No No No No No No No No No No No* Yes Yes No* Yes Yes No Yes Yes No Yes Yes No No No No No No No No No No No No No No No No No No No Yes Yes No Yes Yes No No No No No NO No No No No No Yes No No No No No No No Yes Yes Yes Yes Yes No No NO y~S*No No Lumber, Fuel Storage or Con- tractor's Yard No No No No Manufacturing* No No No No Medical Center* No No No No Motel or Hotel No No ,~g SP Multi-family Dwellings & Apts. No No Yes**Yes Municipal Recrea- tion Areas Yes Yes Yes No New Car Sales* No No No No i Nonprofit School Yes Yes Yes Yes Nursing & Con- valescent Homes* SP SP .SP SP One-family IDwelling Yes Yes Yes Yes Personal Service Establishment No No No No* IPlace of Worship Yes Yes Yes Yes Yes SP No No No No No No No No No No No No Yes No No Yes Yes Yes Yes Yes Yes Yes No No No Yes No No Yes No No No No No Yes Yes Yes No* Yes Yes Yes Yes Yes Yes Yes Yes INDUSTRIAL Ind Ind Ind Ind 1 2 3 S Yes Yes Yes Yes Yes Yes Yes No No Yes* No SP No Yes No No NO Yes No Yes Yes Yes Yes Yes No Yes No No No No No No No No No No No No No No No* No* No* SP ,No No No No Yes Yes Yes Yes No No No No No No No No No No No No SP No SP No No Yes No Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No. No No No No No No Yes Yes Yes Yes No No No No No No No No No* No* No* NO* iYes Yes Yes Yes I 137 Permitted Printing & Reproduction Private School for Profit Professional Offices* Public Building or Use I TAB~.E 1 (C~ntinued) . I Res Res Viii Res IBus Bus Bus Bus Vxll Gen Ind Ind Ind 1,2 4 Res 5 ~ 1 2 3 4 Co~m_ Bus 1 2 3 S No NO No No INo Yes Yes Yes Yes Yes Yes Yes Yes Yei SP SP SP SP ~No Yes Yes Yes Yes Yes Yes Yes Yes Ye~ No* No* No* YeslYes Yes Yes Yes Yes Yes Yes Yes Yes Ye~ S__P S__P SP SP ~ Yes Yes Yes Yes Yes~ No NO No No ~No No No No No No No No Yes No No No No No No No No No No No No No Yes No No No No No ~No No No No No No No No Yes No ~o ~o ~o INo No ~es ~es ~es ~es ~es ~es ~es ~e~ Public Garages & Accessory Bldgs Public Service Corporation Public Sanitary Disposal Site Public Storage of Equipment Recreation Area Research & Devel- opment Facilities No Retail Establish- ment Rooming House Taxi Depot Town Houses Two-family Dwelling Veterinary ! No No No No*[Yes Yes Yes No* Yes* Yes* Yes*Yes*Yes* Yes,No No No No No No No No No No ]No Yes Yes No Yes Yes No No No Yes/No SP No No No No No Yes Yes Yes ~Yes No No No No No Hospital & Kennel No No No No Warehousing & Wholesaling No No No No Day Care Center SP SP SP SP (1985/22) No No No No No No No No No No Yes Yes SP SP SP SP SP SP No* No* No* No~ No No No No No No No No No No No No No No No No I No* Yes No* SP SP SP ! * SP NOTE See detailed district use regulations. With Special Permit Only This chart is for summary information purposes only and is not a substitute for the detailed district use regulations contained in Section 4 of this By Law. Only with the provision of publicly owned and maintained sewers or Town approved and accepted private sewers, (see footnote 12 of Table 2 Dimensional Regulations) and with no more than five dwelling units per structure. 138 I i I I i 0 0 o ~ ~ m 139 1. Front setback shall be a minimum of 100 feet along Route 114, regardless of district, and 100 feet along Route 125 in Industrial 1 and 2 Districts; the first 50 feet of front setback under this requirement shall be planted and landscaped and no parking shall be permitted. 2. Adjacent to residential district, an additional 15 foot side or rear setback shalI be required. The first 15 feet of the total setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. In the Business 2 District, the side yard requirement may be eliminated when two (2) adjoining property owners agree to share a party wall. 3. Adjacent to residential districts, the required side or rear setback shall be 100 feet. The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. 4. If an enclosed parking structure is provided, lot coverage may be increased up to the amount of such parking area but not to exceed a total coverage of 45%. 5. Minimum lot size for a townhouse complex shall be 43,560 square feet although individual townhouse lots may be a minimum of 3,000 square feet. Minimum lot size for an apartment complex shall be 60,000 square feet. 6. Diminsional regulations for townhouse complexes shall meet the requirement of the Residence 5 District; individual townhouses within the complex, however, shall be regulated as follows: Minimum Street Frontage: 18 Feet Minimum Front Setback: 30 Feet Minimum Side Setback: None required where a party wall is con- structed between units; otherwise a 25 foot side setback shall be provided. Minimum Rear Setback: 30 Feet Maximum Floor Area Ratio: 1.20:1 Maximum Lot Contiguous Units: 10 140 I I I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I The following additional reguirements shall apply when apartments or townhouse complexes are constructed in this district: a. There shall be a paved driveway or paved walk adequate to accommodate emergency vehicles within 50 feet of the outside entrance of each dwelling unit. be Any road providing access to townhouses or lots intended for townhouses shall conform to the Subdivision Control Regulations of the Planning Board. f$ Any road providing access to more than 18 apartment dwelling units or more than 24 parking spaces shall conform to appropriate provisions of the Subdivision Control Regulations as if it were a minor residential street. Before issuing a building permit in such cases, the Building Inspector shall obtain a report from the Planning Board on the extent of such conformity. Maximum height (apartment building): 40 feet. Maximum stories of living quarters (apartment building): 3 Maximum units per structure (apartment building): 18. In Residence 4 Districts only, front setback may be the average of all front setbacks of dwelling units within 250 feet on either side of lot. Buildings on corner lots shall have the required front setback from both streets except in the Residence 4 Districts, where setback from the side street shall be a minimum of 20 feet. Nursing and convalescent homes shall have at least 600 square feet of lot area per bed. Minimum lot size for such homes in R 1, R 2, and R 3 Districts shall be 2 acres. 10. Where a public sanitary disposal site is the primary use, the setback area shall be used to provide a screening, natural or artificial, from adjacent residential use of public roadway. 11. Where a public sanitary disposal site is the primary use, an increase up to 100% of the lot coverage shall apply, not including the setback areas. 141 I I 12. Only if all lots or structures are serviced with public sewer 'and/or a private sewer system approved and accepted by the Town. For the purpose of this section, the term private sewer system shall mean a sewer system built by a developer to Town specifications and locations, and dedicated to the Town. In no instances shall the term private sewer system be construed to limit accessibility to the sewer system beyond regulations consistent with the public sewer system. If multi-family structures are selected to attain the maximum density allowed, the proposed project shall be subject to the minimum open space requirements found in Section 8.5 (Planned Residential Development), and to the site plan review requirements of Section 8.3. In the instance where no Public sewer service is provided and there is no private sewer system acceptable to the Town, the allowed density in the Village Residential Zone shall be one dwelling unit per acre and said dwelling and associated lot shall conform to all the regulations consistent with development in the R-2 Zone. Further, under no circumstances shall multi-family development be allowed in the Village Residential Zone, regardless of density, without the provisions of public sewer or a town approved and accepted private sewer system. fronts on Route 114, for the required lot frontage I I I I I I I 13. In instances where a lot purposes of public safety, shall be 250 feet. 14. The dimensional criteria described in the table below applies only to detached single family development. Multi-family structures developed in this distr~ct s~all be subject to all criteria applicable to multi-family developments as stated in Section 8.5. however, in ~o instances shall the bonus density subsections of Section 8.5 apply in the Village Residential District. 15. In accordance with the procedures and regulations set · forth in Section 10.3 and 10.31 of this Bylaw, an application for a special permit may be submited to increase the allowed Floor Area Ratio (maximum) from 0.30:1 provided that at least 5,000 sq. ft. I 0.25:1 to (excluding basements) of the resulting gross floor area be deeded to the Town for public use purposes; that at least 2,500 sq. ft. of said area be located at street · level, and that the entire square footage, exclusive of basements, deeded to the Town be supported with parking spaces at the rate of one space per 250 square feet. · I I I I I I I I I I I I I I I I I I I 16. Open space shall be consistent with the definition of usable open space as contained in Section 8.5, subsection 5f. Usable Open Space no loading areas shall be allowed on the usable open space. All required front, rear, and side yard requirements may be calculated as part of the usable open space, but in no instance shall any area designated for open space be less than 15 feet in width. Further, no more than 25% of the total area required for open space shall be a wetland area, and no permanent or standing waterbodies shall be calculated as part of the required open space. 143 {. appltcatice Am hereb~ mada (a) Per a SPecial Pe~dt under Section , Parui~h 2. of the Zonin~ (a) Prendsee affected are Ind,. , and buAldinge n--bered. ~reet. (b) ~.oo ~feoted ~ pr~efl~ ~ f~e ~ ~b ~orth ~h bt Meet aide of ~et, ~ ~ ~ ~o..~ ~ ' (c) ~se8 ~f~c~ed ~ ~ Z~ Di~ict , ~ ~ P~ses affected bye ~ ~ea o~, nd ~t~ of ,feet. ~e~h~p~ (a) W~ ~d ad~sm of o~er (if Joint ~e~ip, ~ all Date of purchase Prevl~u~ O~ner (b) Tf aPplio~nt is not owfler, chock his ~te~st ~ ~ p~ae8~ ~pective ~er ~seee ~ber (~). Size of p~ed ~ll~g~,., f~t; ~ Height :. l$orlea { feet. (a) Appr~te ~te of e~otl~ (e) ~pe of construction feet deep Size of tvieting ~ulldin~, feet fr~tj Height: itoriee feet. (a) Approx~nmte date of erection_ (b) ~ccup&uc~ or use (of each floor).,, feet deep (c) ~ of construoti~ Has there been a previc~d~ appll~tion fora Special Permit If so, ~ocr/ptl~ of p~ooe f~ ~0o~ ~t ~8 8~t ~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I il I I I 8. Deed recorded ~n the Re~irtr~ of Deeds ~n ~k Pa~e or ~d C~ Ce~f~te No, .... Do~..... ~ ~atod ~ det~l) .! a~ee %o p~y for &dvel'tiein~ in I~b~pa~er nd poot~o fee for roiling legal ~a~. ~ose ~o~s shll ~ ~ished ~ the Cle~ up~ ~est. ~ c~JostJ~ ptwpo~tn~ to ~ ~ applicati~ ~11 ~ t~ated as M~ notice of int~tl~ to seek ~lief ~til ~oh t~e as it is ~do ~ tho official 8ppltcati~ fo~. Ail info~tt~ called for ~ ihs fo~ s~l b ~i~d ~ the ~plic~t ~ t~ ~er t~ prescri~d. ~e~ appltc~ti~ shll ~ n~itted ~th ~ list of 'Pa~ies in ~tere~u which s~l include the petiti~er, ~tte~, ~e~ o~ l~d directly opposite ~ ~y public ~ private et~et or u~ ~d t~tters So b a~ite~ ~t~ t~e ~d~d (~) feet of the prope~y line ~1 ~.tby appo~ ~ ihs most ~ent applioaMe S~ list, n~th- stadia6 t~t the l~d of ~y ~oh ~er 18 l~ted In ~other city ~ t~, She PI~- nin~ Bo~ of the to~ ~ the pl~i~ ~ of evo~ s~tt~ cit~ or to~. DIVISION 0~ PLANNIN5 AND Call. UN ! TY D~VELOPfI~NT TOWN ~ ~TH ~S~C~TT5 PL~ ~ARD Under 5Ktion B.3 of the ToMs of North ~n0over Zones 1o) Applicant/Petitioners: Address: Phone: ONnership: Address: Phonet 3.) Location of the project: Address: DeeO Recorde0 in: Registry of Deeds Book Certificate No. Page __or Land Court Book Page __ q.) Size of the Building square feet Height Stories Feet Occupancy or Use Type of Construction 5.1 Size of Existing Building Hezg~t Sto~ies Occupancy or Use Type of Construct]on Feet Classification of the Pr0ject(Ree Section 8.33 of the Zoning Bylaw) Major Intermediate Minor INFORMATION REQUIRED FOR SITE PLAN REVIEW TyP.[_.or DE~/ELOPM~ PROPOSED X x I. X x X X X x x x x X 6. X X X X 8. X X ~', X X i0. X X 11. X x 0 0 ~ 13. ~ X O. X O 16. 0 ~ O 18. ReQuired lng'armor ion INTERHED~AT~ HINOR TYPE DF INFORM~T~ON REOUIRED North Arrow/LOCation Map Survey of the Lot/Parcel Name/Description of Project Easements/Legal Conditions Topography Zoning Information Storm~ater Dratnage Plan Building(s] Location Location of Parking/Walkwoys Location of Wetlands Location of Wails/Signs Location of Roadways/Drives Outdoor Storage/Display Area Landsc~Ding Plan ; Refuse*Areas Lighting Facilities Drainage Basts Study Traffic JmQact Study CommDrMeaith ~e¥iew 0 Information may be requested by the Planning Board ?.)' Please ~upply ten 410) cables of the above Inforiatlon to the Town Planner with thJs eppItcatiDn. 146 I I I I I I I I I I I I I I I I I I I I I' I I I I I I I i I I I I I I I B.) Advertising Fee: Filing Fee: ~.) Petitioners Signature: Every application Tot sction by the Board ehall be oade on Torm approved by the Board. These forms shal I be furnished by the Town CJerk upon request. Any communic&tiDn purporting to be an ~p~tcat~on ca]leU (or by the fform shell be furnished by the applicant in the manner therekn prescribed ~n ~ccorUence w~th the requirementm Of Section airectiy opposite on any public or private mtreet or way end abutters to the the ebutter~ w~thtn three hunUre~ (~00) feet of the property all as they appear on the most recent applicable tax list, ~ot~ithstan~ing that the land of any such o~ner is locate~ in a~ther city o~ to~n, the Planning Board of the Tewn an~ the Planning Board every abutting city or to~,~. LIST OF PARTIES IN INTEREST NAME ADDRESS ADD ADDITIONAL SHEETS, IP NECESSARY ANY QUESTIONS SHOULD BE DIRECTED TO THE PLANNING OFFICE AT 685-q??5 147