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HomeMy WebLinkAbout1988-05-16JAMES M. SHANNON A~1'ORN EY GENERAL THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL JOHN W. McCORMACK STATE OFFICE BUILDING ONE ASHBURTON PLACE, BOSTON 02108-1698 Daniel Long Town Clerk 120 Main Street North Andover, MA 01845 July 28, 1988 Dear Mr. Long: I enclose the amendments to the general by-laws adopted under articles 18, 20, 31 and 44, and the amendments to the zoning by-laws adopted under articles 27, 28, 29, 30, 35, 37, 38, 39 and 48 of the warrant for the North Andover Annual Town Meeting that convened May 16, 1988, with the approval of the Attorney General endorsed thereon, and on the zoning map pertaining to article 48, except that in Article 27, the second sentence of Paragraph 1, the words "on the basis of the Town Meeting's authorization to the Planning Board to issue a special permit in the permitted District(s) with greater flexibility from the pa%tern otherwise permitted in such districts" in the first sentence of Paragraph 2, Paragraph 7.a.2) in its entirety and the words "referenced in the Warrant article at Town Meeting" contained in paragraph 7.a.3) are stricken therefrom. With respect to Article 28 the following is stricken therefrom -- the second sentence of Section 14.1., the first sentence of Section 14.5.h)1), Section 14.5.h)2) in its entirety and the words "referenced in the warrant article approved at Town Meeting" in Section 14.5.h)3). The stricken wording in Articles 27 and 28 concern an authorization by Town Meeting vote to grant a special permit. G.L.c. 40A, § lA indicates that a "special permit granting authority shall include the board of selectmen, city council, board of appeals, planning board, or zoning adminis%rator as designated by zoning ordinance or by-law for the issuance of special permits." The stricken wording would have given to Town Meeting authority to be involved with the special permit granting procedures contained in G.L.c. 40A. This authority and involvement would be inconsistent with statutory wording. July 28, 1988 Boston, Massachusetts The foregoing amendments to the zoning by-laws adopted under articles 27, 28, 29, 30, 35, 37, 38, 39 and 48 of the warrant for the North Andover Annual Town Meeting that convened May 16, 1988, are hereby approved, except that in Article 27, the second sentence of ParaGraph 1, the words "on the basis of the Town Meeting's authorization to the Planning Board to issue a special permit in the permitted District(s) with greater flexibility from the pattern otherwise permitted in such districts" in the first sentence of Paragraph 2, Paragraph 7.a.2) in its entirety and the words "referenced in the Warrant article at Town Meeting" contained in paragraph 7.a.3) are stricken therefrom. With respect to Article 28 the following is stricken therefrom -- the second sentence of Section 14.1., the first sentence of Section 14.5.h)1), Section 14.5.h)2) in its entirety and the words "referenced in the warrant article approved at Town Meeting" in Section 14.5.h)3). ~~EN~ERA'~ Daniel Long Town Clerk Page Two Article 41 concerned a vote by the Town to accept G.L. c. 40, § 8J (Municipal Handicapped Commission). The acceptance by a town of local option legislation does not require approval by the Attorney General. Very truly yours, Anthony E. Penski Assistant Attorney General (617) 727-2200 Ext. 2078 AEP:kal July 28, 1988 Boston, Massachusetts The within zoning map pertaining to article 48 of the warrant for the North Andover Annual Town Meeting that convened May 16, 1988, is hereby approved. GENERAL .July 28, 1988 Boston, Massachusetts The foregoing amendments to the general by-laws adopted under articles 18, 20, 31 and 44 of the warrant for the North Andover Annual Town Meeting that convened May 16, 1988, are hereby approved, ARTICLES OF THE PLANNING BOARD Article 27. CONTINUINS CARE RETIREMENT CENTER. To see if the Town will vote to amend the Zoning Bylaw by adding a new Section 13: Section 13. Continuinq Care Retirement Center (CC~C> 1. Establishment There is established a Continuing Care Retirement Center (CCRC) as a permitted use under the Special Perm!~t~ provisions of this Bylaw. Such permitted use may only be authorized by a two-thirds vote of the Town Meeting 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 and 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. 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 Town Meeting's authorization to the Planning Board to issue a special permit in the permitted District(s) 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. 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 whic~ has been licensed as 'a long-term care facility by the~ Massachusettes Department of Public Health· b. ~onqreqate Housing 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. Independent Dwellinq Units. Dwelling units similar in character 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 Livin~ 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 ~2 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. Permitted uses a. Principal Uses. The following uses shall be permitted in a CCRC. 2. 3. 4. 5. 6. Nursing caring facilities; Congregate housing units; Independent dwelling units; Assisted living units; Home health care; Facilities for supportive services, including, but not limited to, medical, rehabilitative, recreational, social and nutritional programs , dining and function rooms~ kitchen facilities and laundry facilities. These and others 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 of North Andover and environs. lB Any other use deemed reasonably necessary or ancillary by thee Planning Board to facilitate the uses described above, meaning and intending to permit those services and programs customarily offered in a CCRC~ Standards and Restrictions a. Minimum lot size. A CCRC shall be permitted only within a single 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 determining minimum 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 is 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 the Residential-i District nor shall any development in Residential-2 or Village Residential Districts .adversely impact the Residential-1 District. For parcels which are located in a combined portion of the Residential-2 and Village Residential Districts, the permissable 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 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. c. Maximum lot coveraqe. In no event shall the maximum lot coverage of buildings and structures exceed twenty-five percent. d. Dimensional reAuirements. 1. ~erimeter setback. The setback area is intended to provide 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 a CCRC parcel. Common open space lying within a setback area shall qualify as fulfilling this requirement. A per~meter 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 ~esidential-I District if it is consistent with the objective of screening the CCRC from existing or potential residential development. 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 (~50) feet. 3. Maximum heiqht. 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 architectural 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 Space shall equal at least fifty (50) percent of the total area of the CCRC parcel or lot and no more than twenty-five (~5> 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 permenant 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, recreation or agricultural. Such restriction shall be in a form and substance as the Planning Board shall pr~scibe including the management of said conservation restriction by the Town Conservation Commission , Trustees of Reservations, Essex County Greenbelt Assoctiation or other agency or body, all as subject to the approval of the Planning Board. f. Parkinq. The minimum number of p~rking spaces provide in connection with the uses permitted under this section shall be as follows: 2O Nursinq Care Facility. One parking spaces for every sleeping room for single or double occupancy. 2, Conqreqate Housinq, Assisted Housing and Independent Dwelling Units. One parking 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 comply 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 protection 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). h. Public Sewer. All 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. Density Bonuses a. Affordable Housing.. 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 this purpose, 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 elderl-y. The rate o£ 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 Ipplicant from meeting any of the other requirements of this or other referenced sections of the bylaw. Approval a. Facilities proposed to be built in a CCRC shall be subject to the following procedures: 1) Prior to Town Meeting, 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. 2) The Town Meeting may authorize the Planning Board to issue a special permit for a CCRC in accordance with Section 10.3 provided it adopts an article in the Warrant that makes reference to a preliminary site plan which meets the applicable provisions of Section 11.3 (All references to "Planned Development" shall instead be interpreted to refer to '"Continuing Care Retirement Center" to achieve the purposes of Section 13). 3) 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 permit if it 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 referenced in the Warrant article at Town Meeting. b. 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. TOWN OF NORTH ANDOVER DANIEL LONG, TOWN CLERK ELECTION DEPARTMENT 682-6521 TOWN BUILDING NORTH ANDOVER, MASS. 01845 ARTICLE 27 c: Density Bonus himit, ation. The provided herein may not exceed 50~.. use of all density bonuses Petition of the Senior Housing Options Committee/Planning Board Under the aforesaid article it was voted to adopt. VOTED YES 257 voTED NO 86 ATTEST: A ~RUE COPY Article 28, ESTABLISHMENT OF INDEPENDENT ELDERLY HOusING. see if the Town will vote to amend its Zoning Bylaw as follows: Amend Section 2 Definitions by adding a new definition as follows: To 2.41.1 Independent Elderly Housing: A multi,family residential structure each with separate access and restricted-toe.individuals or couples at least 55 years of age or older. This de~inltion shall not be construed to prevent mentally or ~physically impaired ~ people from living with an occupant or occupants of an independent elderly housing unit. Amend Section 4 Table 1 Summary of Use Regulations by inserting under the column entitled "Permitted Use" the term 'Independent Elderly Housing" after the term "Guest House" and assigning the following symbols to table 1: Residential 1, .8, & 3 ~ 5 Business Gen. Industrial 1 8 3 4 Bus. 1 2 3 S No * No No No No No No No No No No No Amend Section 4.122 by adding the following subsection: (20) Independent Elderly Housing by Town Meeting/Special Permit in Res. 3 District only. Section 1~. Independent elderly Housing Establishment: Independent Elderly Housing shall be permitted use under' the special permit provisions of this bylaw in the Residential 3 District. Such permitted use may only be authorized by a two-thirds vote of the Town Meeting; the authorization will empower the Planning Board to review and approve a definitive plan under the special permit provisions in Section 10.3 and as is otherwise provided in this section. Purpose: The purpose of an Independent Elderly Housing special permit is to provide an alternative and supplement to the traditional forms 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. m 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 o!der, but ~ot excluding physically or mentally handicapped individuals. Permitted Uses: structures. Single~ duplex and multi-family residential Standards and Restrictions: a) Minimum lot size: a single lot at least IO acres. b) Permissable Density: Four dwelling units per acre, with no more than eighty (80> dwelling units in any one independent elderly housing development, or nor more than one hundred (100) in the event of compliance with the provisions of Paragraph 6 belo~ (Density Bonus); and in no instance shall the maximum FAR exceed 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 area is intended to provide a perimeter greenbelt around any independent elderly housing development except for 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. ~ ~) Minimum frontage: frontage on any public street or way shall be one hundred fifty (150) feet, except Route lit where for reasons of public safety shall be two hundred fifty (250) feet. 3) Maximum height: the height of any structure shall conform to the height requirements of the R-3 District. e) Common Open Space: 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 common 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 (~5) 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 purposed by the residents. Further, a permanent conservation ?estriction of the ~type .described in MGL.Chap~er 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 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:.. two off-street parking spa~es per dwelling unit. g) Public sewer: all 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. h> Approval: facilities to be dwelling units to be built shall be subject to the following procedures: 1) Prior to Town Meeting~ the applicant shall be reqiured to meet with the Planning Board to discuss the provisions of Section 14 and the referenced Section, 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 fbr its review and recommendations. B) The Town Meeting may authorize the Planning Board to issue a special permit for an independent elderly development in accordance with Section 10.3 provided it adopts an article in the Warrant that makes reference to a preliminary site plan which meets the applicable provisions of Section 11.3 (all references to "Planned Development" shall instead be interpreted to refer to independent elderly housing to achieve the purposes of Section 14.) 3) The applicant will be reuired to submit a "Definitive Plan" in accordance with the 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 referenced in the warrant article approved at Town Meeting. ~"i) Relationship to Subdivision RequeSt" ions: 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. Density B.o nus a) Affordable Housinq: For all Independent Elderly Housing, the 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 may be rented, sold or otherwise provided to elderly persons qualified to receive federal or state rental assistance or subsides for 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 price or 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 consultati'on with the Housing Authority, may establish the 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 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 Authority 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 the other provisions of this or other referenced sections of this Bylaw. Petition of the Senior Housing Options Committee/Planning Board PLANNING BOARD RECOMMENDATION: To be made at Town Meeting Under the aforesaid article it was VOTED UNANIMOUS to adopt. ATTEST: Article E~.. ESTABLISHMENT OF CONGREGATE HOUSING. Town will vote to amend the Zoning Bylaw as follows: To see .if the Conqre.qate Housinq Amend the North Andover Zoning Bylaw by adding a new definition to Section 2 ~'s follows: 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 community space~ b) shared kitchens, c) shared dinning facilities, or d) shared bathing facilities. Amend Section 4, Table 1 Summary of Use Regulations by inserting the term "Congregate Housing" after the term "Cemetery" and by inserting in the table the following information: Residential Business Gen Industrial 1, 2, & 3 4 5 1 ~ 3 4 Bus 1 2 3. S NO SP NO NO NO No NO NO NO NO NO NO Amend Section 4.122 Residence 4 by adding a new subsection as follows: (20) 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 shal~ be 0.30 in the R-4 District (? units). c) In no instance shall any new or pre-existing building used for congregate elderly housing have more than 14 dwelling units. d> All dimensional criteria established in Section 7, Table ~ Summary of Dimensional Regulations shall apply to ali structures used for congregate housing purposes. DANIEL LONG, TOWN CLERK ELECTION DEPARTMENT 682-6521 TOWN OF NORTH ANDOVER TOWN BUILDING NORTH ANDOVER, M^SS, 01845 ARTICLE 29 Amend Section 7, Table P' Dimensional Regulations as follows: For the item "Floor Area Ratio - Maximum", as it applies to the term "Res 4" add the following: (le> N/A and insert a new footnote to read as follows: 12. For Congregate Housing in the Res ~ zone the Maximum FAR shall not exceed 0.3. Amend Section 8.1 Off-Street Parking by inserting a new term "Congregate Housing" after the term "multi-family residences" as follows: Us_e Minimum Space.~ Required Congregate Housing 0.75 per dwelling unit Petition of the Senior Housing Options Committee/Planning Board Un~er the afore~ai~ article it wa~ VO~ED U~A~IMOUS to a~opt. ATTEST: TOWN OF NORTH ANDOVER DANIEL LONG, TOWN CLERK ELECTION DEPARTMENT 682-6521 TOWN BUILDING NORTH ANDOVER, MAS~. 01845 Articles 30. DEFINITION ON NURSING AND CONVALESCENT HOHE. To see if the Town will vote to amend the Zoning bylaw as follows: Amend Section 2.&5 (Definitions> Special Permit Granting Authority by adding nur~.inq and convalescant hom~ after the word driveways. EXPLANATION: nursing and Board. This change puts the Special Permit Granting Authority of convelescant homes under the jurisdiction of the Planning Petition of the Senior Housing Options Committee/Planning Board Under the aforesaid article it was VO~ED U~A~IMOUS to a~opt. ATTEST: DANIEL LONG, TOWN CLERK ELECTION DEPARTMENT 682-6521 TOWN OF NORTH ANDOVER TOWN BUILDING NORTH ANDOVER, MASS. 01845 A~TICLE 35 The attached article was adopted am amended. Amendment: Page 6 of the article, the paragraph that beginm with the words Special Permits. Line 11 after the word boundaa~y, insert boundary, if following a site visit by the conservation commission it is determined that environmetal impact is ~...~-inent the SPGA may require that, such showing etc. ATTEST: A~UE 00P~ ~OWN CLERK VOTED YES 159 VOTED NO 17 Article 35. Watershed Protection District (by Special Permit). To see if the Town will vote to amend the North Andover Zoning Bylaws by deleting Section 4.135 and inserting the following new section in place thereof. 4.135 WATERSHED PROTECTION DISTRICT (1) PURPOSE~ a) 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 overly 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, rather than in place of, the requirements for such other distrtict. d) The Special Permit Granting Authortiy (SPGA) under this bylaw shall be the Planning Board. (2) BOUNDARIES: a) District Boundaries: I. Boundaries of the Watershed Protection District are shown on Attachment 1, entitled Subdrainage Areas (dated August, 1985) and contained in the I.E.P. Report - Lake Cochichewick Watershed Plan. That map is hereby made a part 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. II. 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 determining 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 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, however, 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~ I. 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 Cochihewick 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. 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 From Annual High Water Mark of Lake Cochichewick out to... 250' From edge of Ail Resource Areas within the Watershed District out to... Non-Discharge Zone 325' 100' 325' (3) AT,LOWED USES Within the Watershed Protection District, the following uses shall be allowed~ a) 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. b) All agricultural uses. c) 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. d) 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 waste facility, as defined by MGL C.lll, s. 150A. b) Municipal sewage treatment facilities, not including sewer lines, pump stations and other a6cessory sewer system equipment used to transport sewage to a treatment facility located outside of the Protection District. c) Privately owned wastewater treatment plants. d) Road salt or other deicing stockpiles. e) 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 pez-mitted under this section. f) Dumping of snow from outside the District. g) Motor vehicle salvage operations and junk yards. h) Car washes i) Self-service laundries, unless connected to public sewerage. j) Airplane, boat, and motor vehicle service and repair establishments (including auto body shops). k) Metal plating, finishing, or polishing. 1) Chemical and bacteriological laboratories. m) Electronic circuit assembly. n) Hotels or motels, unless connected to public sewerage. o) Painting, wood preserving and furniture stripping establishments. p) Photographic processing establishments. q) Printing establishments. r) Dry cleaning establishments. s) Storage of herbicides, pesticides or fertilizers, other than in amounts normally associated with household or an existing agricultural use of the property. t) Commercial cabinet or furniture making. u) Commercial storage or sale of petroleum or other refined petroleum. v) 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 suplies, 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. 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: I. Golf courses, either for public or private use. II. Any other use not provided for elsewhere in this section. b) Within the Non-Discharge Buffer Zone, the following activities shall be allowed only by Special Permit issued pursuant to this section~ I. 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 failities. c) Within the Non-Disturbance Buffer Zone, the following uses shall be allowed only by Special Permit issued pursuant to this section: I. 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 of 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. (6) ADDITIONAL REQUIREMENTS WITHIN THE NON-DISTURBANCE AND NON-DISCHARGE BUFFER ZONES: Within the Non-Disturbance Buffer Zone and the Non-Discharge Buffer Zone, any runoff from impervious surfaces, other than driveways, rooftops, walkways and patios servicing single family dwellings, 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. (7) SPECIAL PERMIT GRANTING AUTHORITX: a) 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 which would result if the control measures failed. b) 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 Community Development, Conservation Commission, and the Board of Health for their written recommendations. Failure to respond in writing within thirty days shall indicate approval or no desire to comment by said agency. c) 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 Permits under this section shall be granted only if the SPGA determines, after the time for comment 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 waste disposal and other on-site operations will not fall below Federal or State standards for drinking water at the down gradient property boundary. Such showing shall include, at a minimum, a written certification by a Registered Professional Engine.er, or other Environmental Scientist, educated in and possessing 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. d) 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. 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. II. Projections of downgradient concentrations 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 other 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. permit application forms are .available in the Board office. Special Planning e) Provision shall be made to protect against toxic or hazardous materials discharge or loss resubting 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 that those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL C. 2lC. (8) VIOLATIONS Written notice of any violation of this Bylaw shall be provided by the SPGA Agent to the owner 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 schedule 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. (9) SERVERABILIT~ 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. Article 37. OFF ST~T PARKING. To see if the Town will vote to amend the Zoning Bylaw as follows: 1. Delete Section 8.1 (Off-Street Parking) in its entirety. Add a new Section 8.1 to contain the following language: SECTION 8. SUPPLEMENTAL REGULATIONS 8.1 Off Street Parkinq. 1. Whenever a buliding 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. 2. 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 Minimum Space Required One or two family residence Multi family residence spaces per dwelling unit. 2 spaces per dwelling unit. i space per dwelling unit for a unit designed and occupied by the elderly as defined under government assisted programs. All other places with accomo- dations including (but not limited to) rooming houses, hotels, motels~ ho~pitals~ nursing homes. Auditoriums, theaters, athletic fields~ funeral parlors~ day care centers and other places of assembly. Restaurants, sit down restaurants drive through or fast food. Retail store and service establishments. 1 space per sleeping room for single or double occupancy~ 1 per 2 for rooms exceeding double beds for rooms exceeding double occupancy. 1 space per 4 persons based on the design capacity of the facility. 1 per ~ seats or 15 per 1000 GFA. (whichever is greater applies) 6 per 1000 square feet GFA except 5 per 1000 square feet GFA in Business I and 2 General Business'. ' Offices i space per 300 square feet of GFA. Medical offices and research facilities 3 spaces per 1000 square feet GFA plus one space per employee. Warehousing, wholesaling, distributing space per 500 square feet GFA. Manufacturing, assembly, fabrication, etc. 1 space per 8 employees in the minimum working shift or i space per 1000 GFA whichever is greater 3. 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. 4. 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 spates or less residential uses or structures whose minimum parking would amount to two (2) parking spaces or less. 5. 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 purposes of determining a sufficient quantity of parking spaces to accomodate the automobiles of all customers, employees, visitors, occupants, members of 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 building and uses having le~s off-street parring 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. ?. A parking space shall mean an area of not less than accessible over unobstructed driveways not less than 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 ?.5 feet and length of 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. ~. 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 excepted for the use while such vehicle is parked completely clear of any public way or sidewalk. 12. In a residence district, garaging or off-street parking of not more than four (4) motor vehicles per dwelling unit may be permitted, of which four (4) motor vecicles~ not more than two (2) may be commercial vehicles other than passenger sedans and passenger stations wagons, but not counting farm trucks nor motor-powered agricultural 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 excepted to form a year-round dense screen at least six (6) feet high within three (3) grade. b) An opaque wall, barrier, or fence of uniform appearance at least five <5> feet high, but not more than seven (?) feet above finished grade. c) Such screening shall be maintained in good condition at all times, and shall not be permitted 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 then (10) feet of a street lot line. Garaging or off-street parking 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 of 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. DANIEL LONG, TOWN CLERK ELECTION DEPARTMENT 682-6521 TOWN OF NORTH ANDOVER TOWN BUILDING NoR~ ANDOVER~ MASS. 01845 ARTICLE 37 14. One (1) handicapped parking space shall be provided for every t~enty (20) parking spaces provided on site. The handicapped space shall be 12'x20' and be indicated by a ground mounted sign and pavement markings. Petition of the Planning Board EXPLANATION: Increase the Parking stores, restaurants and industrial uses. car and handicapped parking spaces. requirements for office, retail Create standards for compact Under the aforesaid article it was VOTED to ADOPT. YES 136 NO 8 ATTEST: /A~ ~Y~ TOW/~ CLERK Article 38. ~ITE PLAN REVIEW. To see if the Town will vote to amend the Zoning Bylaw by deleting section 8.3 SITE PLAN REVIEW in its entirety and inserting in place thereof: SECTION 8.3 SITE PLAN REVIEW 8.3 PURPOSE This section provides the procedu.res 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, landscaping, ingress and egress, and drainage on a site in a manner that will promote the public health, safety, convenience and welfare by establishing a uniform 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. Ali Site Plan Review applications submitted under the provisions of this section, shall be reviewed by the 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 Massachusetts~ prior to any construction being undertaken in the Town of North Andover. 8.31 DEVELOPMENTS WHICH REQUIRE SITE PLAN REVIEW 1. Site Plan is required when: a> 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 b> Any construction which results in the addition of more than two thousand (2,000) square feet of gross floor area to an existing structure~ or contains five (5> or more parking spaces. c) 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 stormwater drainage onto or off of the site. 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 (~,000) square feet of gross floor area~ 8.3~ c) routine repairs and maintenance that do not provisions of section 8.31(1)(C). SITE ALTERATION - VIOLATION OF THE BYLAW exceed the No building permit, site clearing, filling, grading, material deliveries or construction shall be initiated on any site to which this section applies until 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 conducting pre- development studies, such as geotechnical tests, soil borings, wetland determination~ percolation tests for septic systems as required by. the Board of Health, or other similar tests as required in order to fulfill a requirement of any Town Bylaw or regulations of the Commonwealth. 8.33 PROCEDURES 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 8.3~. 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 "ma~or", "intermediate" or "minor". Requirements for site plan shall vary depending upon its classification criteria as outlined below: For purposes of this developments are: section "major", "intermediate" and "minor" 1.) A MAJOR DEVELOPMEN~ is a project which meets one of the following criteria: 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 more parking spaces; or e) the project will generate vehicle trips per day. An INTERMEDIATE DEVELOPMENT is of the following criteria: a) the project contains, or is and nine (9.~) acres; or to contain, two hundred (200) one thousand (1,000) or more new a project which meets one or more to contain~ between one (I) acre 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 classifications as listed above, the largest development classification shall be utilized for purposes of determining the type of development purposed and the type o~ information 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: 3.) A MINOR DEVELOPMENT is a project which meets one of criteria: a) the project is less than one (1) acre in size; or the following c> the project contains, or is to contain, between ~ive thousand (5,000> square feet and twenty-five thousand (252000) square feet of building coverage, in any new and/or existing building(s). b) the project contains~ or is to contain, between eleven (11) housing units and forty-nine (4~> housing units; or 1) 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 by the Town Planner, incorporating such requirements as set forth in Tables 1 and 2 of this subsection~ all site plans shall be prepared by a cerified architect, landscape architect, and engineer registered in the Commonwealth of Massachusetts; ali 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) MAJOR TABLE I INFORMATION REQUIRED FOR SITE PLAN REVIEW TYPE OF DEVELOPMENT PROPOSED INTERMEDIATE MINOR TYPE OF INFORMATION REQUIRED X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 0 0 X X 0 X X 0 X X 0 X 0 0 X 0 0 X 1. North Arrow/Location Map Survey of the Lot/Parcel 3. Name/Description of Project 4. Easementss/Legal conditions 5. Topography 6. Zoning Information ?. Stormwater Drainage Plan 8. Building(s) Location 9. Location oT Parking/Walkways 10. Location of Wetlands 11. Location of Walls/Signs 12. Location of Roadways/Drives 13. Outdoor Storage/Display Area 14. Landscapeing Plan 15. Refuse Areas 16. Lighting Facilities 17. Drainage Basin Study 18. Traffic Impact Study 19. Commonwealth Revie~ X Required information 0 Information may be requested by the Planning Board TABLE TYPE OF INFORMATION REQUIRED - EXPLANATION NORTH ARROW/LOCATION MAP A north arrow and a location map showing surrounding roadways and land uses adjacent to the site (1" = 1500'). Location Map should show at least one intersection of two existing Town roadways. SURVEY OF THE LOT/PARCEL A boudary 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. NAME/DESCRIPTION OF PROJECT The name of the development and the names, addresses and telephone numbers of the developer/development team. A description of the project listing tenants, land uses, development phases , or other perinent information neccessary to evaluate the proposed development plan. EASEMENTS/LEGAL CONDITIONS Indentification 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 Commission, or any public body or agency, with the authority to place conditions on the sites development. TOPOGRAPHY The present and proposed topography of the site, utilizing two- foot (~') contour intervals. The contours shall extend at least fifty ¢50'> feet beyond the site boudaries by estimation of the professional submitting the plan. ZONING INFORMATION All applicable Zoning Bylaw information 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. Gm STORMWATER DRAINAGE All stormwater drainage control facilities utilized by the site shall be shown .on the site plano Stormw~ter drainage calculations ~hich 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 eventl BUILDING LOCATION Indentification of all existing and proposed structure<s) located on the site. The number of stories, overall h~ight in feet and gross floor area in square feet of all structure shall be indicated. 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 11. All 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 concurre~ntly with the application to the Planning Board for Site Plan Review. 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 13. Identification of ail 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. OUTDOOR STORAGE/DISPLAY AREAS Identification of the location display areas on the site. and type of outdoor storage and 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 ail planting materials to be placed on the site. In addition, 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 form 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 proposed 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 co~currentl¥ 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. 8.35 FINDINGS OF THE PLANNING BOARD The Planning Board shall either (A) approve, conditions, or (C) deny a site pi'an submitted for review. approve with A. The Planning Board shall approve a site plan with the fol~l°wing conditions are met: 1) 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.) B. The Planning Board shall conditionally approve a site plan when the following conditions are met: 1) 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 compiles with Town Bylaw requirements, but requires minor changes in order to be completely in compliance with the Town Bylaw regulations. C. 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. orl 3) The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what informatio~ 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 place conditions on a matter before the Planning Board. 8. 36 REVISIONS TO APPROVED SITE PLAN Any revision to a development that has secured si~e 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: ~ ~ DANIEL LONG. ToWN CLERK ELECTION DEPARTMENT - 68245521 TOWN OF NORTH ANDOVER TOWN BUILDING NOR~ ANDOVEt~, MASS. 01845 ARTICLE 38 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; D) 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 facililties 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. Petition of the Planning Board EXPLANATION: Create additional standards for approval. Request additional information to be supplied to the Planning Board for the review of siteplans submitted to the Town. Under the adoresaid article it vas VOTED UNANIMOUS to ADOPT Article 3~. PLANNED RESIDENTIAL DEVELOPMENT. To see if the Town will vote to' amend the Zoning Bylaw by deleting Section 8.5 (Planned Residential Development) in its entirety and replace it with a new Section 8.5 which contains the following language: 8.5 PLANNED RESIDENTIAL DEVELOPMENT CPRD) 1. Purpos~ 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: Am To promote the more efficient use of land in harmony with its natural features; B. to encourage the preservation of open space; Cm to protect waterbodies and supplies, wetlands floodplains, agricultural lands~ wildlife, and other natural resources~ D. to permit greater flexibility and more attractive, efficient, and economical design of residential developments; Em to facilitate economical and efficient provision of utilities; to meet the Town's housing needs by promoting a diversity of housing types. 2. Applicability: An application for a Planned Residential Special .Permit (PRD) shall be allowed for parcels of land in the R-I~ R-2~ and R-3 Districts in accordance with the standards set forth in this section. An application for a Planned Residential Development Special Permit shall be deemed to satisfy the requirements for Site Plan Review. 3. 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: Preliminary Plan The applicant is encouraged to submit a preliminary plan and schedule a pre-application conference to discuss the proposed PRD with the Planning Board before the submission of the final special permit 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. 5. 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: A. Development Statement: Which shall consis~ ~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 conce~t and the specific requirements of the Zoning Bylaw within a table which includes the following information: 2. 3. 5. the number of units, type, size (number of bedrooms), floor area, ground coverage, summary showing open space as percentages of the total area of the PRD tract, development schedule for all site improvements. a. 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 the Town of North Andover. b. Development plans bearing the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting of: 1. Subdivisions - All plans shall be drawn at a scale of 1" = tO' 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; 2. Site Plans - Plans submitted shall meet the requirements contained in Section 8.3 (Site Plan Review) to the extent applicable. B. Review by Other Town Departments..: The Planning Board shall within ten days of receipt of an application under this Section, refer ~he application to the Conservation Commission, Public Works Department, Board of Health, Building Inspector, Police Department, 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. Findinqs of the Planninq Board: The Planning Board may issue a special permit under this section only if the Planning Board finds that the PRD is in harmony with the general purpose and intent of this section and Section 10.3 (Special Permit) 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 appli~able to the Zoning District in which the PRD parcel is located. If a special permit'is granted, the pianning 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~ ~he Regulations of the Planning Board may require sufficient security to ensure compliance with the Subdivision Rules and Reguiations~ planned recreation facilities and site amenities; and may impose additional safeguards pertaining to public safety~ welfare and convenience. Development Standards: A. 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 Uses: The following principal uses are allowed in a Planned Residential Development: 4. 5. 6. ?. single family detached houses; residential structures with up to five dwelling units per structure, utilizing common wall construction; church or other religious purposes; agriculture on parcels greater than five (5) acres; public parks; conservation area or land preserved as permanent open space; membership clubs for the exclusive use of the residents of the development. C. Dimensional Requlations: Site Plans -Minimum Lot Size: Not Required -Lot Frontage: Not Required -All 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 its natural condition. D. Dimensional Requlations: Subdivisions -Minimum Lot Size: and R-2--~1~780 square feet; R-3--1B,500 square feet 6O -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 within 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 yard setback. E. Parkinq Requirements.: off-street parking shall be Street Parking). For all Planned Residential Development provided as required by Section 8.1 (Off- F. Usable Open Spa~e: Usable Open Space shall be defined as the part or parts of land within the PRD which are reserved for permanent open space. This space shall exclude parking areas, but include required setbacks and walkways. The usable open space shall be open and unobstructed to the sky; however~ trees, planting, arbors, flagpoles~ sculptures~ fountains, swimming poois~ atriums~ outdoor recreational facilities and simliar objects shall not be considered obstructions. 1. For subdivision PRD's the minimum usable open 'space requirements shall be 35~ of the total parcel area) and no more than 25~ of the total amount of required usable open space shall be wetland. 2. For site planned PRD's, the minimum usuable open space requirements shall be 50~ of the total parcel area; and no more than 25% of the total required usable open space shall be ~etland. All resource area shall be determined by the requirements of M.G.L. Chapter 131~ Section 40, and the Town's Wetland Bylaws under this subsection. 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: 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, 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 Town shall be recorded in respect to such land. Such restriction shall provide that the Usable perpetuity for one or more of agriculture, or recreation. Such restriction shall be Planning Board shall prescribe restrictions on development and Open Space shall be retained in the following uses: conservation, in such ~orm and substance as the and may contain such additional use of the Usable Open Space as the Planning Board may deem appropriate. G. Calculation of Allowable Residential Density: Residential density shall be determined by utilizing the existing 2oning District Lot Area Requirements as applied to the total area to be included within the PRD Development. H. Density Bonuses 1. Affordabl~ Housinq 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 con,unction 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 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. ' ' - /~ DANIEL LONG, TOWN CLERK ELECTION DEPARTMENT 682-6521 TOWN OF NORTH ANDOVER : 2.. Open-Spacw Bonus ARTICLE 39 TOWN BUILDING NORTH ANDOVER, MASS. 01845 For multi-family PRD's, the total number of allowable dwelling units may be increased up to IOZ 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. 3. Maximum Density Proposed PRD's may utilize 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. Petition of the Planning Board EXPLANATION: Clarify existing contained in the Zoning Bylaw. within R-3 Zoning Districts. rules and regulations currently Allow Cluster Development projects PLANNING BOARD RECOMMENDATON: ~AVORABLE action is recommended with the following amendment: Remove the language contained in Section 8.5 (6)(g) and insert the following language: 6G Calculations of Allowable Residential Density tn order to determine the residential density of a PRD Development, the applicant shall present the following information: a) A preliminary subdivision plan which meets the ~equirements of Section III (2)(a) of the "Rules and Regulations Governing the Subdivision of Land, Town of North Andover"~ The lots so created by the preliminary plan shall conform to the Zoning Bylaw. b; Wetland Boundaries on the site shall be verified Dy the Conservation Administrator of the Town of North Andover in accordance with the requirements of M.G.L. Chapter 131', S.40 and the Town's Wetland Bylaws. Under the aforesaid article it ~s voted to adopt with the above amendment VOTED YES 168 VOTED NO 3 ATTEST: