HomeMy WebLinkAbout1988-05-23Form 1 (1/88) Town:
Date:
Attorney Gene~al'J~mes M. Shannon
One Ashburton Place, Rm. 2019
Boston, MA 02108
NORTH A~TDOVER
Attn: By-Laws
Dear Attorney General Shannon:
Pursuant to G.L.c. 40, ~ 32, I hereby request approval of
the enclosed amendments to town by-laws.
1. Town Meeting (check on!~ one): Annual X Special
2. Date Town Meeting (TM) First Convened: May 16~ 1988
3. Date[s) of Adjourned Sessions: May 3 & May ~ 1988
4. Warrant articles (numbers) to be acted upon:
(a) Zoning: ARTIST.Wa 27, 28, 29, 30, 32~, 35, 37, 38~ 39 & 48
(b) Historic District:
(c) General (i.e. other): ARTICLES 18, 20, 31 & ~ ~g/
5. Maps:
6. Town Counsel:
Address:
warrant articles (numbers) with maps to be approved:
DomeniC Sca.lise & Peter Shaheen
89 Main St. Noeth Andover
Phone: ( 617 ) 682-~153
Daniel Long
7. Town Clerk:
S ignature:~~- ~~
-~1~0 Main St
Address:
Phone: ( 617 ) 682-6521
TOWN OF NORTH ANDOVER
DANIEL LONG/TOwN-CLERK
ELECTION DEPARTMENT
682-6521
TOWN BUILDING
NORTH A~DOVER. MASS. 01845
Ar'~;icle ~l. NORTH ANDOVER HOUSING TRUGT FUND. .To see if the Town
will vote to amend Chapter 8, Section 4, of the Town Bylaw by
establ-ishing 8.3 - The North ~Andover Housing Trus.t Fund.
-. - 'NORTH ANDOVER HOUSING TRUST FUND
Statement of purpose an affordable Housing Trust Fund (Fund> shall
be established in the Town treasury and shall be kept separate and
apart from other monies by the Town Treasurer. Any monies in said Fund
shall be expended only at the direction of the Board of Selectmen after
consultation with the Nopth Andover Housing Authority and the North
Housing Partnership or any other public agency deemed appropriate by
the Board of Selectmen. All monies which are collected as a result of
any contribution to this Fund shall be transferred to the principal of
said Fund, and the Town Treasurer shall be custodian of the Fund and
may deposit proceeds in a bank or invest the same in such securities as
are legal for the investment of funds of savings banks under the laws
of the Commonwealth of Massachusetts or in a federal savings and loan
association situated in the Commonwealth. Any interest earned theron
shall be credited to and become part of the Fund. The Fund shall be
administered by the Town Manager.
Any monies in the Funds may be expended only by a majority vote of
the entire membership of the Board of Selectmen and shall be
appropriated for the following purposes (1) purchasing and leasing of
affordable housing as defined by the Commonwealth, (2) providing
rental assistance for persons qualified to receive federal or state
rental assistance or subsidies, (3> providing subsidies for reducing
mortgage payments in accordance with income and assets limitations
established by the authorizing state or federal agencies, and <4)
participation in various affordable housing programs that may be made
available by the state and federal governments from time to time. No
monies in this Fund shall be used for any purposes not included or
directly'related to the purposes noted above.
Petition of the Senior Housing
Options Committee/Planning Board
Under the aforesaid article it was VOTED TY~.ANIMOUS to adopt as amended.
AMENDM~S:
Line 2 Delete Section ~.
Line B Change the number 8.3 to 8.~
ATTEST:
TOWN CLERK V
TOWN OF NORTH ANDOVER
D~N1EL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
TOWN B UILDLN~G
NORTH ANDOVE£, MASS. 01846
Article 44. INFORMATION REQUIRED POR ~ONSIDERATION OF ARTICLES.
To see if the Town will vote to amend the General Town By Laws by
inserting the following subsection after Chapter 2, Section 2.8:
Subsection 2.8 (A> Information Required for Consideration of
Articles.
The sponsor of any article requiring
appropriation of Town funds shall provide to the
the Advisory Board the following information:
the raising and/ov
Town Manager and to
1. Total estimated dollar cost of the Article including:
a. Start-up costs.
b. Reoccurring annual costs including any increase in
personnel and/or equipment purchases.
c. Source of estimate.
Estimate of any possible revenues the project might generate.
Proposed'source and/or mechanism for funding. .
Reason(s) for the requ'est including but not limited to need.
Population group most likely to benefit or be affected bY the
project.
Possible alternatives to the requested proposal.
7. Schedule or time frame for completion of the project.
Any motions that would be introduced to support the article
as submitted.
This information shall be provided within t~o (2) days after the
final fixed date for receiving articles into the Warrant for the Annual
or any Special Town Meetings.
Petition of the Advisory Board
Under the aforesai~ ~rtic!e it was VOYED UNANIMOUS to a~opt
ATTEST:
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERE
ELECTION DEPARTMENT
682-6521
TOWN B UILDLNG
NORTH ANDOVER. MASS. 01845
Article 20. AMENDMENT TO NORTH ANDOVER WETLAN~ BYLAW. To see if
the Town will vote to amend its General Bylaw ~y deleting Chapter 3.5-
Section 7.2B in its entirety and replacing it with the following:
7.~B Fees
a. Requests for Determination
(1) Each Request for Determination shall be charged $25 per
filing.
b. Notices of Intent
(1) Work on a single residential lot (i.e., single dwelling,
tennis court, swimming pool, bridge, site grading, etc.)
shall be charged $50 per filing.
2) Residential subdivisions shall be charged at a rate of $100
per residential unit. A residential unit shall be defined as
that space designed for occupancy by 1 family. This section shall
apply to structures containing 1 or 2 residential units.
3) Residential subdivisions filed without
plans shall be charged at the rate of
roadway frontage.
dwellings shown on
$100 per 150 feet of
of a commercial, industrial,
(4) The entire project site
multi-family dwelling shall be charged at the rate of $100 per
acre or part thereof. A multi-family dwelling shall be defined as
any structure containing 3 or more residential units.
Petition of the Conservation
Commission
Under the aforesaid ~rticle it was VOTED U~A~L-~OUB to adopt.
ATTEST:
Article 48. REZONING 1812 TURNPIKE ROAD. To see if the Town
will vote to amend the Zoning Bylaw together with the Zoning Map
change from VR to General Business (GB), the premises known and
located as 1812 Turnpike Road, North Andover, as 'further hereinafter-i
described:'" ". i ... . . - .,'~ ~-- .:~:.~ ..i . "-' ?".
Two certain parcels of land with the buildings thereon situated on the
northerly side of Turnpike Street in North Andover and being shown as
Plot A and Plot B on a plan entitled "North Andover Plan of Land now or
formerly owned by A. Houghton Farnham and Helen B. Farnham:
Dated February 1958, Harry D. Barry, C. E., recorded with the North
Essex Registry of Deeds as plan number 3?4?.
Plot A is more particularly bounded and described as follows:
beginning at the northwest corner of the granted premises at a corner
of the wall at the junction of Berry Street and Turnpike Street; thence
running easterly by Berry Street 445 feet to a stone bound; thence
turning and running south 31 degrees 43 feet west 158 feet more or less
to a stone bound on Turnpike Street; thence turning and running 432.61
feet to a cross wall at the ~unction of Berry Street and said Turnpike
S~reet; thence turning and running northerly l& feet more or less to
the point of beginning. Together with any right and titles we may have
in the triangle north of the described premises at Berry Street and
Turnpike Street. Being the same premises conveyed to us by Arthur
Houghton Farnum, et ux, by Deed dated November 15, 1~48, recorded with
the North Essex Registry of Deeds, Book 718, Page l&8.
Plot B is more particularly bounded and described as follows:
beginning at a stone bound at Berry Street at the northeasterly corner
of Plot A, above described; thence running by said Berry Street
feet to land now or formerly of Sarah Beck; thence running south
degrees 48 feet East ~.6 feet to a corner of the wall; thence running
South 36 degrees 12 feet west 23~ feet to a point in the northerly line
of Turnpike Street, said point being 65 feet northwesterly from a
Massachusetts Highway bound; thence turning and running in a
northwesterly direction by Turnpike Street 383.85 feet to a point at
the southeasterly corner of Plot A; thence turning and running in a
northeasterly direction by said Plot A, 158 feet to Berry Street and
the point of beginning.
Petition of Paul Proulx and others
PLANNING BOARD 8ECOMMENDATION: To be made at Town Meeting.
Under the aforesmid article
it was voted to adopt.
YES iBh NO
ATTEST:
TOWN CL~G ~'~'
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
TOWN BUILDING
NORrH ANDOV~. MASS 01845
Article 18. LITTERING. To see if the Town will vote to amend its
General Bylaws by deleting in its entirety Section 5,4 of the existing
bylaw and substituting therefor the following:
5.4 Except on land or ~n receptacle designated by the Town for dumping
or olacing of trash: no person shall in any manner, whether from on
foot or from any vehicle, throw, drop or discard upon' any property,
public or private (except that owned or leased by him/her) any trash or
litter of any kind whatsoever. Notwithstanding the foregoing, it is
further understood that the accumulation of litter or trash on private
property so as to blight the appearance of the neighborhood shall be a
violation of this Bylaw. Any person found guilty of violation of this
Bylaw shall be punished by the payment, of a fine of not less than
$100.00 nor more than the law shall allow.
constitute a separate offense.
Each citation shall
Petition of the Selectmen
VOT~ED to aAopt the article ~s amended.
AMENI~ENTSDelete the second (2nd) sentence which begins with the word
Notwithstanding and ends with the word Bylaw.
C~a~ge the amount from $100.00 to $200.00
Delete the last sentence and insert the following.
Each day after the issuance of an initial citation shall
constitute ~ seperate offense until the litter is removed.
ATTEST:
TOWN CLERK
~ Article 39. 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 REBIDENTIAL DEVELOPMENT (PRD)
1. p.urpps,e 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 spacer
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;
E. to facilitate economical and efficient provision
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. Deyelopment 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 concept and the specific requirements of the Zoning Bylaw
within a table which includes the following information:
8.
3.
4.
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 ali 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" =
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;
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 ~epartments: 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 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 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, ~he Regulations ~f 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.
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
located within a PRD Development.
shall remain open without pavement
and left in its natural condition.
any structure
Said buffer
or roadway(s)
D. Dimensional Requlations: Subdivisions
-Minimum Lot Size:
R-1 and R-e--21~?80 squaPe 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 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. ~arkinq Requirements:
off-street parking shall be
Street Parking).
For all Planned Residential Development
provided as required by Section 8.1 (Off-
F. Usable Open Space: Usable Open Space shall be defined as the part
or parts of land within the PRD which are reserved for permanent open
space. 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 pools~ 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 areal 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,
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 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 Zoning District Lot Area
Requirements as applied to the total area to be included within the PRD
Development.
H. De.nsity ~pnuses
1. Affordable 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 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 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. ~i ~
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
TOWN BUILDING
~IORTH ANDOVER, MASS. 01~45
ARTICLE 39
Open'S~ace Bonus
For multi-family PRD's, the total number of allowable
dwelling units may be 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.
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.
EXPLANATION: Clarify existing
contained in the Zoning Bylaw.
within R-3 Zoning Districts.
Petition of the Planning Board
rules and regulations currently
Allow Cluster Development projects
PLANNING BOARD RECOMMENDATON: FAVORABLE action is recommended with the
following amendment: Remove the language contained in Section 8.5
(&)<g) and insert the following language:
6G Calculations of Allowable Residential Density
In 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 requirements
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 by 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 was voted to adopt with the ~bove amendment
VOTED YES 168 VOTED TO B
ATTEST:
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERK
. ELECTION DEPARTMENT
682-6521
TOWN BUILDLNG
NO~TH ANDOVE~. MASS. 01845
Article 41. MUNICIPAL HANDICAPPED COMMISSION. To see if the Town
will vote to accept the provisions of Section 8J of Chapter ~0 of the
Massachusetts General Laws and establish a handicapped commission for
the purpose of coordinating or carrying out programs for the
handicapped in coordination width the office of handicapped affairs, or
take any action thereon.
Petition of the Selectmem
Un~er the aforesai~ ~rticle it was VOTED UNANIMOUS to ~dopt
ATTEST:
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
TOWN BUILDL'qG
NORTH ANDOVER. MASS. 01845
The d~tes that the articles were voted on are as followed.
ARTICLES 18 & 20 .......................... May 2, 1988
ARTICLES ~?, 28, 29, 30 & 31 .............. May 3, 1988
ARTICLES 37, 38, 39, hh.& hS..$/..Z.~.( .... Mmv k, 1988
ATEST:
TOWN OF NORTH ANDOVER
DANIEL LON'G, TOWN CLERK
ELE~TION DEPARTMENT
682~6521
TOWN BUILDING
NORTH ANDOVER. MASS. 01845
26, 1988
To whom it may concern:
The opening of the w~rrant for the Annual Town
Meeting for the Town of North Andover w~s January 25, 1988 at 7.30 P.M.,
Town Building, Board of Selectmen's meeting room.
The closing of the warrant was March 18, 1988,
which is in accordance with the Charter of North Andover which calls
that it be closed forty five (45) days before the day of Town Meeting.
Date of the Warrant April 8, 1988 by the following.
BOARD OF SELEC~I~EN OF NOR~ANDOVER
CHARLES A. SALISBURY
CHI~ISTINE M. SMI.~Ct
KENNETH C. CROUCH
ROBERT ERCOLINI
FRANCIS X. DUGAN
OFFICER'S RETURN
Pursuant to the foregoing warrant, I have warned and notified the
inhabitants of the Town of North Andover who are qualified to vote
in Town Affairs to be at the time and place for the purpose mentioned
within by posting the same as directed at least seven days before the
date of said meeting.
John F. Manning
Constable of North Andover
Warrant was posted April 23,!988 at one place in each voting precinct
of the Town and also printed in local newspaper as required by law
of the North Andover Town Charter.
ATTEST:
-- ~ TO~N CLERK
Article ~8~ 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.~1.1 Independent Elderly Housing: A multi-family residential
structure each with separate access and restricted tO individuals or
couples at least 55 years of age or older. This 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.
Amend Section 4 Table i 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 Business Gen. Industrial
1, 2~ & 3 ~ 5 1 2 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 14.
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-third~ 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.
Definition: Independent Elderly Housing is a multi-family
residential structure~ each dwelling unit with separate access;
J
restricted to i. ndividuals and couples 55 years of ageand Older,
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 10 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 below (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
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.
2) Minimum frontage: frontage on any public street or way
shall be one hundred fifty (150) feet, except Route 114 where
for reasons o? 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, ail 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 purposed 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 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 spaces per dwelling unit.
g) Public sewer: ali 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 for its
review and recommendations.
2> 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
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 preli-~inary site plan
referenced in the warrant article approved at Town Meeting.
'~'~i) Relationshi~ tO' ~ubdi¥ision Re~u~i6~s: 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 Bonus
a> Affordable Housinq: For all Independent Elderly Housing, the
total number of allowable dwelling units may be increased by
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 consultation 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 RECOMM£NDATION: To be made at Town Meeting
Under the aforesaid article it was VOTED UNANIMOUS to adopt.
ATTEST:
Article Eg.. ESTaBLISHmENT OF CDN6RE6ATE HOUSIN6,
Town will vote to amend the Zoning Bylaw as follows:
To see z if the
Conqreqate Housinq
Amend the North Andover Zoning Bylaw by adding a new definition to
Section 2.~s follows:
a.ag.1
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 I Summary of Use Regulations by inserting
the term "Congregate Housing" after the term "Cemetery" and by
inserting in the table the following information:
Residential
1~ .~, & 3 .. 4 5
NO SP NO
Business Gen Industrial
1 ~ 3 4 Bus 1 2 3 S
NO NO No NO NO NO NO NO NO
Amend Section 4.12E Residence 4 by adding a new subsection as
follows:
(20) Congregate Housing for Elders - Special Permit
a)
b)
c)
d)
In the R-4 zone the Planning Board may grant a special permit
for congregate housing consistent with special permit, criteri~ and
procedures set forth in Section 10.3 of this bylaw.
The maximum allowable FAR for congregate housing shall be 0.30 in
the R-4 District (? units).
In no instance shall any new or pre-existing building used for
congregate elderly housing have more than 1~ dwelling units.
All dimensional criteria established in Section ?, Table ~
Summary of Dimensional Regulations shall apply to all structures
used for congregate housing purposes.
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
TOWN BUILDING
NORT~ ANDOVER. MASS. 01845
ARTICLE 29
Amend Section 7, Table 2~Dimensional Regulations as follows:
For the item "Floor Area Ratio - Maximum", as it applies to
"Res 4" add the following:
the term
(12)
N/A
and insert a new footnote to read as follows:
12. For Congregate Housing in the Res 4 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:
Congregate Housing
Minimum Spaces Required
0.75 per dwelling unit
Petition of the Senior Housing
Options Committee/Planning Board
Un,er the aforesai~ article it w~s VOTED UKA~IMOUS to adopt.
ATTEST:
A tKEIE COPY
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
TOWN BUILDING
NORTH ANDOVER. MASS. 01845
Articles 30. DEFINITION ON NURSING AND CONVRLESCENT HOME. To see
if the Town Mill vote to amend the Zoning b¥la~ as follows:
Amend Section ~.65 (Definitions) Special. permit Granting
Authority by adding ~ursinq and convalescant home after the
word driveways.
EXPLANATION: This change puts the Special Permit Granting Authority of
nursing and
Board.
convelescant homes under the jurisdiction of the Planning
petition of the Senior Housi'ng
Options Committee/Planning Board
Under the aforesaid article it was VOTED UNANIMOUS to adopt.
ATTEST:
Article 38. SITE PLAN REVIEW. To see if the Town will vote to
amend the Zoning Bylaw by deleting section 8.3 SITE PLAN REVIEW in its
~ntirety and inserting in place thereof:
SECTIQN 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
Section 9. All 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 (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 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 8.36.
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"
5O
A MAJOR DEVELOPMENT 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.
2.) An INTERMEDIATE DEVELOPMENT is
of the following criteria:
a) the project contains, or is
and nine (~.9~) acres; or
to contain, two hundred (200) or
one thousand (1,000) or more new
a project which meets one or more
to contain, between one (1) acre
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
classifications as listed above, the largest development classification
shall be utilized for purposes of determining the type of development
purposed and the type of 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:
1)
3)
Special Permit Application Form, along with any fees as may b~
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 i 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; 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)
MAJOR
TABLE 1
INFORMATION REQUIRED FOR SITE PLAN REVIEW
TYPE DF 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
× 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
Zoning Information
7. Stormwater Drainage Plan
8. Building(s) Location
9. Location of 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 Review
X Required information
0 Information may be requested by the Planning Board
52
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 af 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 pro~ect 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 (2') 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.
STORMWATER DRAINAGE
All stormwater drainage control facilities utilized by the site
shall be shown .on the site plan. Stormwater drainage
calculations Which support the design of the control facilities
shown the plan shall be submitted to the Department of Publi~
Works for review and approval. Calculations shall show a
mitigation of run-off to zero of the 2, 10 and 100 year storm
event.
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
All resource areas as defined in M.G.L Chapter 131, Section qO 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.
LOCATION OF ROADWAYS/DRIVES
Identification of all right-of-ways and driveways including the
type of ~urb and gutter to be used, and their ~imensians.
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/DISPLAY AREAS
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 ali
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 ?un-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 ~hich 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.
8.35 FINDINGS OF THE PLANNING BOARD
The Planning Board shall either (A) approve, (8) approve with
conditions~ or (C) deny a site pi'an submitted for review.
55
A. The Planning Board shall approve a site plan with the following
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 complies 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),
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 informatic~n 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: _ .~ ~
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521
TOWN BUILDING
NORTH ANDOVER, MASS. 01845
ARTICLE 38
a)
storage or accessory building,
violated by the change;
a change of location and layout of any parking area(s) sign,
provided that no Town Bylaws are
b) the change in the proposed landscaping
violate any Town Bylaws;
plan which does not
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 withou~ further review by
Planni.ng 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 was VOTED D-~A~IMOUS to ADOPT
ATTEST:
i ~UE COPY
TOWN CLERK
Article 3?, OFF STREET 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.
8.1
1.
if
~UPPLEMENTAL REGULATIONS
Off Street Parkinq
Whenever a buliding is erected, reconstructed, moved or expanded or
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. 1 space
per dwelling unit for a Unit
designed and occupied by the elderly
as defined under government assisted
programs.
Ail other places with accomo-
dations including (but not
limited to) rooming houses,
hotels, motels, hospitals,
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.
I space .per sleeping room for
single or double occupancy, I 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 2 seats or 15 per 1000 GFA.
(whichever is greater applies)
& 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 G~A.
Medical offices and research
facilities
3 spaces per 1000 square feet GFA
plus one space per employee.
Warehousing, wholesaling,
distributing
Manufacturing, assembly,
fabrication, etc.
1 space per 500 square feet
GFA.
i space per 2 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 spaces 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 ~ 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 suffi~cient
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.
8. 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 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.
7. A parking space shall mean an area of not less than lO~xSO',
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 18
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. ~n 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 (I)
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 (i) 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 (&) 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 veh~icles 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:~equired side yards.
TOWN OF NORTH ^NDOVER
DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
682-6521 - - '
ARTICLE
TOWN BU1LDtN~
NORTH ANDOVER, MASS. 01846
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~O° 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:
ATEUE COPY
TOWN CLERK
ARTICLES OF THE PLANNING BOARD
Article ~?. CONTINUING CARE RETIREMENT CENTER. To see if the
Town will vote to amend the Zoning Bylaw by adding a new Section 13:
Section 13. Continuing Care Retirement Center
1. Establishment
There is established a Continuing Care Retirement Center (CCRC) as a
permitted use under the Special permt~' 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-I 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 ~o meet the needs of the elderly
~opulation 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
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
Massachusettes Department of Public Health.
by the
b. Conqreqate 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. 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 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 househoId~ 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.
Permitted uses
a. Principal Uses. The following uses shall be permitted in a
CCRC.
3.
4.
5.
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.
Any other use deemed reasonably necessary or ancillary by th'e
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
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-1 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 <~5>
percent.
Dimensional requirements.
1. Perimeter 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 Residential-1
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 (250> 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 permena~t ~onservation
restriction of the type described in MSL 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
~1. Nursinq Care Facili.ty. One parking spaces for every
sleeping room for single or double occupancy.
B. Conqreqate Housinq, Assisted Housinq and Independent
Dwellinq 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 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 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
elderly. The rate of contribution shall be ~wo (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. O~en Spa~e. The total number of allowable dwelling units may
be increased by 15% if the proposed CCRC provides ?5% usable
open space consistent with the definition of open space in this
section. The granting of this bonus density shall not exempt th~
Applicant from meeting any of the other requirements of this or
other referenced sections of the bylaw.
?. Approval
a. Facilities proposed to be built i.n 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 ~bdivision Requlation~. 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
6,92-6521
TOWN BUILDING = :- - -
NORTH-AND0VER, MASS. 01845
ARTICLE 27
c: Density Bonus Limitation. The
provided herein may not exceed
use of all
density bonuses
Petition of the Senior Housing
Options Committee/Planning Board
Under the aforesaid article it vas voted to adopt. VOTED YES 257 VOTED NO 86
ATTEST:
A ~RUE COPY .-~
TOWN OF NORTH ANDOVER
DANIEL LONG, TOWN CLERK
ELECTION DEPARTMENT
6S2-6521
TOWN BUILDING
NORTH AMDOVER, MASS 01845
;-RTICLE 35
The attached article was adopted as amended.
Amendment:
Page 6 of the article, the paragraph that begins with
the words Special Permits.
Line 11 after the word boundary, inaert
boundary, if following a site visit by the conservation commission
it is determined that environmetal impact is ~minent the SPGA may
require that, such showing etc.
ATTEST:
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~ylaw 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
dete~,ining 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 frQm 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) Al,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) Ail 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 adcessory 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 permitted under this section.
f) Dumping of snow from outside the District.
g) Motor vehicle salvage operations and junkyards.
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, ~inishing, 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 Per~its 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 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 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. 21C.
(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) SERVERABILITX
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.