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Home My WebLink About1998 REPRINT ZONINGIl I I i I I I I I i I I I ! i I I I I THE ZONING BYLAW TOWN OF NORTH ANDOVER 1972 REPRINTED IN 1998 '1 I I I I I i I I t I i I I I I TH-F~ ZONING BYLAW TOWN OF NORTH ANDOVER 1972 REPRINTED IN 1998 ..[,LED Section 1 section 2 Section. 3 3.1 Section 4 4.1 4.11 4.12 4.121 4.122 4.123 4.1.24 4.125 4.126 4.127 4.128 4.129 4.130 4.131 4.132 4.133 4.134 4.135 4.136 NORTH ANDOVER ZONING BYLAW TABLE OF CONTEN'rs PAGE TABLE OF CONTENTS .........:.., ..... '~ .................. ~ ............... 2 TABLE OF REVISIONS ..................................................... 5 PURPOSES ......................................................... ' ...... : ......... 13 DEFINITIONS .................................................................... 14 ZONING DISTRCTS AND BOUND~ ..................... 24 Establishment of Districts .................................................... 24 BUILDINGS AND USES P~ .: ........................ 25 District Use Regulations ..................... : .............................. 25 General Provisions ............................................................. 25 Pcrmitt.~l Uses ............................................. : .................... 26 Residence 1,2 and 3 Districts' '. ............. 26 Residence 4 District .......................................................... 28 Village Residential District ............................................... 31 ResidenCe 5 DisMct ........... ............................................... 34 Residence 6 District: ......................................................... 36 Bm/ness 1 District ............................................................ 40 Bm/ness 2 District ............................................................ 41 Business 3 District .............. 42 Business 4 District ............................................................. 44 Village Commercial District ............................................. 45 General Business District ................................................. 46 Industrial 1 District ' 47 Industrial 2 District .......................................................... 48 Indnstdal 3 District .......................................................... 50 Industrial "S" DisUict ...................................................... 50 Watershed Protection District ......................................... 51 11 I I I I I 'l il I I I I I ! I I it I I i I I ! 4.137 4.2 Section 5 Section 6 Section 7 7.1 7.1.1 7.1.2 7.1.3 7.2 7.2.1 7.2.2 7.3 7.4 7.5 7.6 7.7 7.8 Section 8 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 Section 9 9.1 9.2 Flood Plain District .......................................................... 64 Phased Development Bylaw ........................................... 67 EARTH MATERIALS REMOVAL ............................... 68 SIGNS AND OUTDOOR LIGHTING REGULATIONS 77 DIMENSIONAL REQUIRMENTS ................................ 89 Lot Areas .......................................................................... 89 Contiguous Buildable Area (CBA) ................................... 89 Lot Width ......................................................................... 89 Restrictions ....................................................................... 89 Street Frontage .................................................................. 90 Access .............................................................................. 90 Frontage Exception .......................................................... 91 Yards (setbacks) .............................................................. 91 Buildable Heights ............................................................ 92 Lot Coverage ................................................................... 92 Floor Area Ratio .............................................................. 92 Dwelling Unit Density · 92 Exceptions ....................................................................... 92 SUPPLEMlgNTARY REGULATIONS ......................... 93 Off Street Parldng ............................................................ 93 Automobile Service Station and other Automobile Services 97 Site Plan Review ............................................................... 97 Screening and Landscaping Requirements for Off-Street Commercial & lndushial Districts .................................... 107 Planned Resident/al Developments (PRD) ....................... 110 Satellite Receiver Discs .................................................... 116 Growth Management ........................................................ 116 Adult Use Zone · 122 Wireless Service Facilities. ............................................... 125 NON-CONFORMING USES ......................................... 142 Confin-ance ..................................................................... 142 Alteration or Extension .................................................... 143 Section Section Section Section Section 9.3 9.4 10 10.1 10. lA 10.12 10.13 10.2 10.21 10.22 10.3 10.31 10.32 10.4 10.5 10.51 10.52 10.53 10.54 10.55 10.56 10.57 10.6 10.7 10.8 10.9 11 12 13 14 Building a~er Catastrophe 143 Abandonment ................................................................... 143 ADlVIINISTRATION ....................................................... 143 Enforcement ..................................................................... 143 Building Permit ' 144 CeHfleate of Use and Occupancy .................................... 144 Penalty for Violation ......................................................... 144 Board of Appeals .............................................................. 144 Appointment and OrganiTation ......................................... 145 Powers ofthe Board of Appeals ....................................... 1'45 Special Petit,it ................................................................... 145 Conditions for Approval of Special Permit .................... ... 146 Temporaiy Pe~-Jdt ............................................................. 147 Variance and Appeals ................................................ ....... 147 ^mendments to Zoning Bylaw .......................................... 149 Submi~ion of Amendment to Planning Board .................. 149 Public Hearing .................. : ................................................ 149 Report by Planning Board ................................................. 150 Failure to Adopt ................................................................ 150 Repetitive Petitions ........................................................... 150 Procedural Defects ........................................................... 150 Effect of Subsequent Amendments ................................... 150 Conflict of Laws ............................................................... 151 Validity ........................................................................... ~. 151 Repetitive Petitions .......................................................... 151 Withdrawal without Prejudice ......................................... 151 PLANNED DEVELOPMENT DISTRICT 152 LARGE ESTATE CONDOMINIUM CONVERSION .. 157 CONINUING CARE RETIREMENT CENTER ........... 160 INDEPENDENT EI.DERLY HOUSING ....................... 165 I I I I I I i I I I I I i I Table I Table II SUMMARY OF USE REGULATIONS ........................ TBL 1 SUMMARY OF DIMENSIONAL REQUIt~MENTS., TBL 2 Footnotes fiom Table II ................................................................................... Fbi lA FN 1.2 Fbi 1.3 Appendix - Special Permit Application ...................................................... - Site Plan Review Application TABLE OF REVISIONS REVISED ZONING BYLAWS OF THE TOWN OF NORTH ANDOVER, MASSACHUSETTS Town Meeting Date / Arfide Number Zoning Bylaw Section Brief Title I I i I I i I 1985/12 1985/13 1985/15 1985/20 1985/21 1985/23 1985/24 I985/25 1986/13 1986/15 1986/16 1986/17 1986/18 1986/100 1987/8 1987/10 1987/11,28 4.135(4) 4.135(2) (a) 2.65 4.11 (S) 2.29.1 Ail Districts 7.4.1 2.30. I 4.2 10.13 7.1 4.121 (a) (b) All Districts 4.121(6) (a,d,e) Table 2 8.5 S.3 (1) Lake Cochichewick Amendment Watershed District SPGA Definition Amendment General Provisions Day Care Center Day Care Center Lot Width Definition of Driveway Established Phased Development Penalty of Violation CBA Requirements Public / Private Education Municipal Buildings Sale of Ag. Products R-1 Dist. Lot Area Established PRD Standards for site Plan I 1987/12 1987/14 1987/16 1987/20 1987/21 1987/22 1987/23 1987/24 1987/25 1987/26 1987/27 1987/28 1987/29 1987/83 1988/27 1988/28 1988/29 1988/30 1988/35 1988/37 1988/38 1988/39 1989/32 1989/33 1989/43 1990/32 4.123 8.4 8.1(13) 4.128 Table 1 3.4 2.38.1 2.38.2 2.27.1 2.34 ·4.122 4.131(3) 8.1(2) 8.1(2)' 83 4.135 (4) (a) 8.6 .13.0 14.0 . 2.29, 4A22 2.65 4.135 8.1 8.3 8.5 Z22 Z27 2.30.1 2.38.3 2.40 2.43 Z52 2.61.1 7.8 (3) 7.8(4) 4.125 Table 2 Beg. with Established VC District Ddeted "HELISTOP" ~lish~ I-~storic Disu~ct Def. Floor .Area, Gross Def. Floor Area, Net Amend DeZ Two Family Dwelling Two Family Dwelling in R4 D~tdct Retail Use- Industrial Off Street larking OffStreet Parking Table Site Plan Review Criteria Watershed District Standards: Satellite Est. Continuing Care Retirement Center CCRC F. mabllshed Independent Elderly Hou~ins. Deft Nursing 1 Convalescent Home Watershed Protection District Amend Off Stree~ Parkin~ Amend Site Plan Review Amend ?RD Amend Auto Repair ShOp Amend Building Height Amend Driveway Add Floor Area Ratio Amend Home Occupation Amend Lot Amend No Cut Zone Add Prindpal Structure Amend Exceptions Established R4 District Established g-6 District Amend to Conform with State 111 711 '.: I -I I I ;I =1 i I I I I I I I I I I I I I I I I I I 1990/33 19~'/34 1991/I (STM) 1991/2 (ST/vt) 1991/3 (STM) 1991/4 (STM) 1991/5 (sTIvi) 1992/52 1992/56 1993/33 1993/34 1993/35 1993/36 1993/37 1993/39 1994/36 Table 2 1994/37 1994/38 1994/39 1994/40 1994/1 (STIr0 1995/38 1995/41 1995/43 1995/44 1995/15 (STir0 1996/6 1996/t9 1996/20 4.121.6 (b) (c) Beg. with 4.125 2.39.1 10.14 4.136 Table 2 8.4 (6) 8.1 4.12f21 4.125 4.133.6 8.S (6) D 4.132(11) 4.133 (11) 4.122 (6) b 2.22.1 4.137 8.34 2.65 4.136 (7) 7.2.1 8.5 4.136 4.136 7.0 9.0 6.0 4.133 (23) 8.7 2.41 8.3 P/ace in Order Add Hazardous Matcfi~l(s) Add Assodate Member Planning Board Replaced Watershed Protection D/strict Amend VC District Add Footnote 17 Add to (6) VC Screening- Amend (13) VC Parking Add SPGA, Planning Board Add Para~ 5 - Uses Allowed by Special Permit Add-Special Permit & SPGA Amend Buffer Zone Ddeted - Helistop Ddeted - Hel/stop Amend to Conform with State Deleted o Repetitive (2.37. I) Amend Flood Plain District Add Building Elevation Table 1 & Add Watershed Protection District Deleted Para. 2(c) and Amend (d) Add 7.2.1 Access Amend l(c); Sec. 4; Sec. 6 (g) Amend Watershed Protection District Amend Watershed Protection District Amend Dimensional Requirements · Amend.Non-Conforming Uses Amend Sign By-law Add Hotels to Established Growth Management Amend Def. of Hotel/Motel Amend Site Plan Review 1996/21 6.0 1996/22 8.8 1997129 1997730 Amend Signs and Sign Light Established Adult Us~ Zone The Town ofNonh Andover Zuning Bylaw, together with the Zoning Map, adopted at the Annual Town Meeting of Mamh 13, 1943. Approved by the Attorney General on April 13, 1943~ posted May 1, 1943. 1945 - Special Town Meeting May 28, 1945 (Pa'tides 1 and 2). Approved by the Attorney General February 13, 1946. 1946 - Special Town Meeting December.23, 1946 (Articles 1 and 2). Approved by the Attorney General February 5, 1947. 1947 - Annual Town Meeting.(Article 46). Approved by the Attorney General Mamh 28, 1947. Spedal Town Meeting June 16, 1 947 (Article 1 ). Approved by the Altor~j General .November 21, 1947~ . Special Town Meeting lune 20, 1 947 (Article 1 ). Approved by the Attorney General June 25, 1947. 1949 - Annual Town Meeting (Article 1 ). Approved by the Attorney General June 3, 1949. 1950 - Anm~a! Town Meeting (Article 32). Approved by the Attorney General February 9, 1951. Special Town Meeting August 28~ 1950 (Article4). Approved the Attorney General January 29, 1951. 1952 - Annual Town Meeting (Article 40). Approved by the Attorney General April 16, 1952. 1953 7 Ammal Town Meeting (Article 58). Approved by the Attorney General April 22, 1953. The Town ofNotth Andover Zoning Bylaw adopted at the Special Town Meeting of June 30, 1956 (Article 1). Approved by the Attorney C~-meral December 6, 1956, posted lanuary 9, 1957. Thereafter AMENDED: 1957 - Annual Town Meeting ( Articles 11,12,14,15,16,17, 20 and 22). Approved by the Attorney General June 28, 1957~.posted ~Iuly 12, 1957. I I I I I i I I I I I I I 1 I ! I I I I I i I I I I I I i Spedal Town Meeting, October 7, 1957 (Articles 7,8,10,11,12,13,14,and 15). Approved by the Attorney General on October 19, 1957, posted November 29, 1957. 1958'- Annual Town Meeting (Articles 11,12 and 13).' Approved by the Attorney General on April 28, 1958, posted May 15, 1958. 1959 - Annual Town Meeting (Articles 62,63,64 and 65). ApprOved by the Attorney General March 31, 1959, posted April 15, 1959. Special Town Meeting, ~une 22, 1959 (Article 5). Approved by the Attorney General July 16, 1959, published July21, 22 and 23 1960. 1960 - Annual Town Meeting (Articles 79,80,81,82,83 and 85). Approved by the Attorney General May2, 1960, posted May 10, 1960. Spedal Town Meeting (Articles 79,80,81,8.2,83, and 85). Approved by the Attorney General May 2, 1960, posted.May 10,1960. ! 961 - Annual Town Meeting (Article 64). Approved by the Attorney General April 10, 1961, posted April 13, 1961. 1962 - Spedal Town Meeting Mauy 14, 1962 (Article 7). Approved by the Attorney Geaeral luly 12, 1962, posted luly 12, 1962. 1963 - Annual Town Meeting (Articles 24,25,26,28,29,86,87,88,89~90 and 91). Approved by the Attorney General lune 6, 1963, posted June 11, 1963. 1964 - Annual Town Meeting (Articles 53 and 54). Approved by the Attomey General April 9, 1964, posted April 16,1964. 1965 - Annual Town Meeting (Articles 28A, 28B, 28C, 85 and 87). Approved bythe Attorney General April 30, 1965, posted May 4, 1965. Special Town Meeting November 8, 1965 (Article2). Approved by the Attorney General November 23, 1965, posted December 1, 1965. 1966 - Annual Town Meeting (Article 10,11,12,13,15,16,17,18, and 19). Approved by the Attorney General April 6, 1966, posted April 1 I, 1966. 1967 - Annual Town Meeting (Article 75 and 77). Approved by the Attorney General April 21, 1967, posted April 28, 1967. Special Town Meeting March 18, 1967 (Article 10). Approved by the Attorney General April 21, 1967, posted April 28, 1967. · Special Town Meeting, June 19, 1967 (Article I and 2). Approved by the Attorney General luly I 1, 1967, posted July 14, 1967. 1968- Annual Town Meeting (Article 61). Approved by the Attorney General May 20,. 1968, posted May 23, 1968. Special Town Meeting April 8,. 1968, (Article 3). Approved by the' Attorney General July 2, 1968, posted July 2, 1968. Special Town Meeting July 22, 1968 (Article 1 ). Approved by the Attorney General August 1, 1968, posted August 6, 1968 Special Town Meeting SePtember 30, 1968. (Arfide 9). Approved by the Attorney General October 9, 1968, post.ed October 15, 1968. 1969 - Special Town Meeting January 9, 1969 (Article 4). Approved by the Attorney ~ml Ia~_a_ry 28, 1969, posted February 4, 1969. Annual Town Meeting March 3, 1969 (Article 22 and 76). Approved by the Attorney General May 28, 1969, posted June 9, 1969. 1.970, Annual Town. Meeting (Article32 and 33). Approve by the Attorney General May 12, 1970, posted June 5, 1970. Special Town Meeting Au~,~st 24, 1970 (Article 1). Approved by the Attorney December 1, 1970, posted December 4, 1970. 1971- Annual Town Meeting (Article 68,69 and 72). Approved by the Attorney General April 22,1971, posted April 26, 1971 1972 - Annual Town Meeting Articles 59, 62 and 63). Approved by the Attorney General June 9, 1972, posted June 14, 1972. Town ofNorth Audover Zoning By[aw adopted at the Special Town Meeting of June 5, [972 (Article 1 lA and I IB). Approved by the Attorney General on August 2, 1972,posted August 4, 1972. Thereafter AMENDI~.D: 1972 ~ Special Town Meeting, December 18, 1972 (Articles 1 and 25. Approved bythe Attorney General April 4, 1973, posted April 10, 1973. 10 tl l! II I I I I I I I l I I 1973 ~ Annual Town Meeting (Article 1 I). Approved by the Attorney General May 5, 1973. Special Town Meeting June 25, 1973 (Article.6 and 7). Approved by the Attorney August 29, 1973, posted September 4, 1973. 1974 - Annual Town Meeting (Article 13,14,15,16,17,18,19,20~21 and 22). Approved by the Attorney General May 21, 1974, posted May 28, 1974. 1975~ Anm~ Town Meeting (Articles 29,30,48 and 49). Approved bythe Attorney General Suly 7, 1975, posted July 10, 1975. Zoning Map amended to include 1-3 District, description of which is on file with the Town Cleric 1976 - Annual Town Meeting (Articles 35,36 and 86). Approved by the Attorney General August 3, 1976, posted Sept~ 3, 1976. Special Town Meeting November 23, 1976 (Article 9). Approved by the Attorney General December 12, 1.976, posted, December 21, 1976.- 1978 - Annual Town Meeting (Article 68 and 70). Approved by the Attorney General August 30, 1978. Special Town Meeting June 26, 1978 ( ~Articles 4 and 6) Approved in accordance with M.G.L Ch.40, Sec. 32, posted October 30, 1978. 1979 - Annual Town Meeting (Articles 50, 51 and 52). Approved bythe Attorney General August 23, 1979. 1980 - Annual Town Meeting (Articles93,94 and 98) Approved by the Attorney General August 7, 1980. 1981- Annual Town Meeting (Articles 67,68,69,71,72,74,75,76 and 77). Approved by the AttorneY General August 3, 1981, posted August 6, 1981. 1982 - Annual Town Meeting(Article 80,81,82,83,84,85,88,89 and 93). Approved by the Attorney General July 27, 1982. 1983 - Annual Town Meeting Articles (77,78,79,80,81,82,83,85,86,87,88,89,91,92,93,94,95,96,97,98,99,100,101,102,103,107,109 and 110). Approved by the Attorney General May 24, 1983. Special Town Meeting October 27~ 1983 (Article 6). Approved by the Attorney general December 20, 1983. 1984;- Atma~_~_! T°wn Meeting (Article 92,94,96,97,98,99,100,101,104 and 105). Approved by the Attorney General July 31, 1984. 1985 - Annual Town Meeting (Arficles12,13,14,15,16,17,18,20;21,22,23,24,25 and 26). Approved by the AttOrney Geaeral July 25, 1985. 1986- Annual ToWn Meeting (Articles. 13,15,16,17,18,100,103,104,105 and 108). Approved bythe Attorney General July 29, 1986, posted July 30, 1986. 1987 - Annual Town Meeting (Articles 8,9,10,11,14,16,20,21,23,24,25,26,27,28,29,83,84,90 and 9). Approved by the Attorney General November 27, 1987. 1988 - Annual Town Meeting (Article 27,28,29,30,35,37,3.8,39 and 48). Approved by the Attorney General July 28, 1988. 1989 - AnnUal Town Meeting (Articles 32,33,38,39,40,4! and 44. Article 43 amended). Approved by the Attorney General July 28, 1989, posted August 1, 1989. 1990 - Annual Town Meeting (Articlera32,33,34,35,36,37 and 41). Approved by the Attorney General August 24, 1990, posted August 28, 1990. 1991 - Special Town Meeting January 29, 1991 (Articlesl,2,3,4 and 5). Approved by the Attorney General March 14, 1991, posted March 15, 1991. 1992 - Annual Town Meeting May 4, 1992 (Articles 50,51,52 and 56). Approved by the Attorney General August 5,1992,. posted August 10, 1992. 1993 - Annual Town Meeting May 3, 1993 (Articles 33,34,35,36,37,38,39 and 66). Approved by the Attorney Geaeral August 27, 1993, posted August 30, 1993. 1994 - Annual Town Meeting May 2, 1994 (Articles22,36,37,38,39 and 40). Approved by the Attorney General September 16, 1994, posted Septexnber 19, 1994. 1994 S pedal Town Meeting October 24, .1994 (Article 1 ). Approved by the Attorney General February21, 1995, posted February 22, 1995. 1995 - Annual Town Meeting May 1, 1995 (Articles 38,41,43 and 44). Approved by the Attorney General September 21, 1995, posted 12 I I I i I I I I .I I I I I I I I I I I I i I Special Town Meeting November 4, 1995 (Article 15 ). Approved by the Attorney General December 6, 1995. Posted December 1 l, 1995. 1996'- Annual Town Meeting May 6, 1996 (Articles 6, 19,20,21,22). Approved by the Attorney General posted 1997- 1998- Annual Town Meeting May 13,1997 (Articles 29,30). Approved by the Attorney General August 13, 1997. Posted August 18, 1997. Annual Town Meeting May l 1, 1998 (Articles 24, 25, 30, 31, 32, 36). Approved by the Attorney General SECTION 1 PURPOSES The purpose of this Bylaw is the promotion of the health, safety, convenience, morals and welfare of the inhabitants of the Town of North Andover, as provided by Chapter 40-A of the General Laws of the Commonwealth of M~sac~husetts, as amended'by Chapter 808, Acts of 1975, and as they may be further amended, by regulating and restricting the use of land and buildings, thereby. 1. encouraging the most appropriate use of land; 2. preventing overcrowding of land; 3. conserving the value of land and buildings; 4. lessening congestion of traffic; 5. preventing undue concentration of population; 6. providing adequate light and air; 7. reducing the hazards from fire and other danger; assisting in the economical provtsion of transportation, water, sewerage, schools, parks,, and other public facilities; controlling the use of bodies of water, including 10. reducing the probability of losses resulting fi.om floods; and 11. reserving and increasing the amenities of the Town. 3_3 SECTION 2 DEFINITIONS 2.1 General For the purpose of this Bylaw, certain words or p~ herdn shall be interpreted as follows, except where the context clearly indicates the contrary: words used in the singular include the plural, words used in the present tense include the future tense, the word "person" includes a corporation as well as an. h~div~dual, the word "lot" includes the word "plot" or "parcel", the word "shall" is always mandatory and the word "used" or "occupied" as applied to any land or buildings shall be construed to ~ctude the words "intended, arranged or designed to be used or occupied". 2.2 Specific Words and Phrases For the purpose of~his Bylaw, the following words.and terms used herein shall have the meanings 9r limitations of meaning hereby defined, explained or assigned. 2.21 Accessory Use or Structure A use or .,hucture subordinate to the principal use of a building on the same lot and serving a purpose customarily inddental to the use the principal building. 2.21.1 Adult Bookstore-An establishment having as a substantial or significant portion of its stockin trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22) 2.21.2 ADULT CABARET-A nightclub, bar, res?aurant, tavern, dance hall, or s'mailar commercial establishment which regularly features persons or entertainers who appear in a state of nudity, or.live performances which are distinguished or characterized by nudity, sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22) 2.21.3 ADULT MOTION PICTIYRE Tl~2&TER-An: enclosed building or any portion thereof used for presenting material (motion picture filvea, video cassettes, cable television, slides or any other such visual media) distinguished byan emphasis on matxer depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22) 2.21.4 ADULT PARAPltl~,RNAI,I& STORE-An establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL Ch. 272, Sec. 31. (1996/22) i4 ilI II I 1 ,I 2.21.5 ADULT VIDEO STORE--An establishment having as a substantial or significant portion of its stock in trade--for sale or rent-motion picture films, video cassettes, and similar audio/visual media, whiel~ are distinguished or characterized by their emphasis depicting describing, or relating to sexata] conduct or sexual excitement as defined inMGL Cb_ 272, See. 31. (1996/22) 2.21.6 ADULT USE--Adult Bookstores, Adult Cabarets, Adult Motion Picture Theaters, Adult Paraphernalia Stores, and Adult Video Stores as defined in this Bylaw. (1996/22) 2.22 Automobile Repair Shop (1989/32) A building or part of a building in which repairs am.made to motor vehicles. 2.23 Automobile Service Station A building or place of business where gasoline,' oil and greases, batteries, tires, and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail and where minor repair service is rendered. 2,24 Body Shop A building, or part thereo~ used fOr structural repairs and refinishing of motor vehicles for remuneratio~ 2.25 Board Of Appeals The Board of Appeals of the Town of North Andover as governed by the General Laws of Massachusetts. 2.26 Building A. structure having a roof supported by columm or walls for the shelter, support, or enclosure of persons, animals, or property. 2.26.1 Building Coverage (1989/32) The horizontal area measured within the outside of the exterior walls of the ground floor for all principal and accessory buildings on a lot. 2.27 Building Height 15 The vertical distance mea.~u'ed fi.om the lowest point of the finished grade at any location of the po'mt, of the roof; but shall not indude chimneys, spires or mechanical equipment, or pengao~ Used for enclosures of 2.28 Building, Principal A building in which is conducted the main or prindpal use of the lot on which said building is situated. 2.29 Car Wash An area of land and/or a structure with machine or hand operated facilities used principally for the cleanin~ washing, polishing or waxing of motor vehicles. 2.29A Congregate ROusing A non-institutional residential ~shared riving environmefit which integrates shelt~ 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 access~le community space, b) shared kitchens, ¢) shared dining facilities, or d) shared bathing facilities. 2.29.2 Day Care Center (1985/21) Any fadliF operated on a regular basis whether known as a day nursery, nurs~ school; kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name, which received children not of common parentage under seven (7) years of age, or under sixteen (16) years of age if such children have special needs, or non-residential custody and care during part or all of the day separate fi.om their parents or the elderly 60 years of age or older. Day Care Center shall not include any part of a public school system; any part of a private organized educational system, unless thc services of such system are primarily limited to' kindergarten, nursery or related pre-school services; a Sunday school conducted by a religious orgapi?ation where children are cared for during short periods of time wh/le persons responsible for such children are attending religious services; a family day care home; an informal cooperative arrangement among neighhors or relatives; or the occasional care of children with or without comPensation thereof. 2.3 District A district or a zone shall be any portion of the territory of the Town of North Andover within which certain uniform regulations and requirements or various combinations thereof shall be applied under the provisions of this Bylaw. 16 I I I I I i I i I I I '1 I I Drivewa A w~y located ona lot which provides vehicular access to the buildings on the lot. Each ~y shah service no, more than one lot. Subject to the granting of a Special Permit fi'om the Planning Board, a driveway may be shared by not more than two (2) lots. Each such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land. 2.31 Dwelling Any building or portion thereof designed or used as the residence or sleeping place of one or more persons, except a mobile home and as otherwise provided herein. 2.32 Dwelling, Multi-Family A building used or designed as a residence for three or more families living independently of each other and doing their own cooking ~erein (same as "apartment"). 233 DWelling, One Family 3; dwelling built single and apart from any other building and intended and designed to be occopied and used exclusivdy for residential purposes by one family. 2.34 Dwelling, Two Family A flee standing building intended and designed to be occupied and used exclusively for residential purposes by each of not more than two families (same as "duplex"). The principal building m a two family dwelling conversion shall share a connected common wall (or floor) for at least 75% of the wall's (or floors) surface. No unheated ahucture, no structure without foundation and no structure which is entirely or partially a garage shall be considered as meeting the 75% requirement. 2.35 Dwelling Unit One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes. 2.36 Erected The word "erected" shall include the words "built", "constructed", "reconstructed", "altered", "enlarged", and "moved". 17 2.37 ~'~m~y One or more persons occupying the same premises and living as a single housekeeping unit as ~ed from a group occupying a boarding house, lodging house, club, fraternity or hotel. 237.1 Family Suite (1987/22) A separate dwelling unit located within a s~_gle family dwelling subordinate in size t'o the principal unit and separated fi-om it in a manner which maintains the appearance of the building as a single family dwelling. The size of the family suite is not to exceed 1200 square feet or not more than 25% of the gross floor area of the principal unit, whichever is lesser. The family suite may only be occupied by brothers, sisters, maternal parents and grandparents, in-iaws and or children of the residing owners of the principal dwelling unit. In no case shall an apartment be smaller that the minimum required by health and building codes. 2.38 Frontage The continuous distance beton lot sidelines measured along the street line. 238.1 .Floor Area, Gross (1987/20) Gross floor area sha~ be the floor area within the perimeter of the outside wraih of the building without deduction for hallways, stairs, closetS, thickness ofwalls,' colmnns or other fe~__~_res. 238.2 Floor Area, Net (1987/21) Net floor area shall be.actual occupied area(s) not to include hallways, stairs, closets, thickness of walls, .column Or other features which are not occupied areas. 2.38.3 FloorAren Ratio (1989/32) The ratio of the floor area to the lot area, as determined by dividing the gross floor area by the lot area. 239 Guest House A dwelling in which overnight accommodations are provided or offered for transient guests for compematior~ The term "guest house" shall be deemed to include tourist home, but not hotel, motel or multi-family dwelling. 2.39.1 9'oTardous Material(s) (1990/34) Any Chemical or mixture of such physical, chemieah or infectious characteristics as to pose a significant, a cma! or potential, hp~ard to water supplies, or other hazard to human health, if such 18 'l substance or mix~e were discharged to land in .w~ers of the Town, inclUding but not limited to org~inic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alka~, and all substances defined as Toxic or Hazardous under Iv[G.L. Chapter 21C and 21E and those chemicals on the list in Committee Print Number 99-169 of the Senate Committee on · Environment and Public Works, titled "Toxic Chemicals Subject to Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986: (including any revised version of the list as may be made pUrsuant to subsection (d) or (e)). 2.40 Home Occupation (1989/32) An acceSS°ry use conducted within a dwelling by a resident who resides in the dwelling as his principal address, which is clearly secondary to the use of the building for living purposes. Home occupations shall include, but not limited to the following uses; personal services such as furnished by an artist or instructor, but not occupation involved with motor vehicle repairs, beauty parlors, animal kennels, or the conduct of retail business, or the manufactm/ng of goods, which impacts the residential nature of the neighborhood. 2.41 Hotd or Motd A building intended and designed primarilY for transient or overnight occupancy divided into separate units within the same building or buildings. (1996/19) 2.41.1 Independently. Elderly Housing A multi-family residential structure each with separate access and restricted to individuals or couples at lea.st 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 trait. 2,42 Loading Bay An opening m a building not less than ten feet in width and nine feet in height including a platform for loading and unloading goods, merchandise or other materials. 2.43 Lot (1989/32) An area of land in single or consolidated ownership which contains definite boundaries and ascertainable by a recorded deed in the Essex County Registry of Deeds Office. 2.44 Lot, Comer A lot abutting upon two (2) or more streets at their intersection. 19 I 2.45 Lot Lines The property lines bounding the lot. 2.46 Lot Line' Front The line separating the lot from a street. 2.47 LOt Line, Rear The lot line opposite and most distant fi.om the front lot line. 2.48 LOt Line Side Any lot line other than a front or rear lot line. 2.49 LOt Line, Street A lot line separating the lot from a street or alley (usually the front lot fine). 2.~0 Mean High Water Mark (Lake C0chichewick) an elevation of 113.67 on the United States Coast and Geodetic Survey datunt 2.51 Medical Center A building or group of buildings designed for the individual or group practice of medicine or dentistry, but not including hospitals or nursing homes. 2.52 No Cut Zone (1989/'32) 'An area which is left in its natural condition, which Shall not be disturbed by any means which indudes but not limited to the cutting of trees or understory. 2.53 Non-Conforming Use A building, structure or use legally existing' and/or used at the time of adoption of this Bylaw, or any amendment thereto, and which does not conform with the use reg~llations of the district in which located. 2.54 Office, Business A primary use consisting of office activities of any type, 20 I I I il I I including business and fln_ancial office activities (including banks and finandal imtitations) and profe~ional office activities. 2.55' Office, Professional A pnmary use consisting of office activities by a doctor, .dentist, architect, lawyer, ea~neer or other professional person or persons. 2.56 Parking Area, Private An open area for the same uses as a private parking garage. 2.57 Parking Garage, Private A structure use for the parking of automobiles and available to employees, clients or customers whether for a fee or free. 2.58 Parking Garage, Public Any parking garage, other than a private parking garage, which is olin to .the public and used for the storage of motor vehicles. 2.59 Personal Service Establishment An ~_ablishment providing persona~ services tO the public such as shoe repair, barbering, dry cleaning, etc. 2.60 Place of Worship A church, temple, synagogue, mosque or other snailar place of worship, including parish house, rectory, or convent. 2.6I Planning Board The Planning Board of the Town of North Andover as governed' by the General Laws of Massachusetts. 2.61.1 Principal Structure (1989/32) The structure on a lot of record which co~ains the primary use of the lot. A principal use shall not be contained within an accessory structure as defined in the Bylaw. 21 A b~ding or use owned or operated by a Iocal~ county, state or federal government agency. 2.63 Rooming House Any building or portion thereof containing more than two and less than ten rooms without kitchen facilities that are used, rented or hired out to be occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. 2.64 Special Pe~Jiiit · The words Special Permit where used in this Bylaw shall mean a permit granted under the guidelines of Section 9 of Chapter 40-A of the General Law. 2.65 Special Permit Granting Authority The Planning Board shall be .the granting authority of all Special Permits to Cluster Development, Planned Development District, (1985/15)'driveways, t~-ursing and convalescent homes, Watershed .Protection District (1994/37), Wkeless Service Facilities and large estate condominium conversions. The Board of Selecm~en shall be the granting authority of all Special Permits pertaining to non-accessory signs as specified in Section 6.52 of this Bylaw. The Board of Appeals .shall be the granting authority of all other Special Permits allowed in this Zoning Bylaw. 31 II il 2.66 Special Permit Unit A use of a building or lot or an action upon premises which may be pemdtted under thLq Bylaw only upon application to the appropriate Special Permit Granting Authority for a Spedal Permit and subject to the approval of such Permit Cwanfi~ Authority and the conditions stipulated. 2.67 Street A public way or a private way open to travel by the general public, or a way shown on a plan of a subdivision theretofore duly approved by the Planning Board. 2.68 Structure Means a combination of materials to form a construction that is safe and'stable, including, among others, buildings, stadiums, tents, reviewing stands, platforn~ staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and display signs; the term structure shall be construed as if followed by the words "or part thereof". 22 ! I I i I I I I I I I '1 I I I I I I 2.69 Town House An a~tached house in a row of three or more such houses capable of being sold as an independent dwel~ng with its own lot, as provided by ~ Bylaw. 2.70 Tributary · Any portion of any brook, stream, bog, swamp, or pond which flows into Lake COChichewiclc 2.71 Yard (Setback) .,. An open space which lies between the principal building or group of buildings and a lot line. 2.72 Yard, Front (Setback) An open space emending across the entire width of a lot between any building thereon and the street lot line of the lot on which such building stands. 2.73 Yard, Rear (Setback) An dpen space extending across the entire width of a lot between the rear of any building thereon and the rear lot line of the lot on which such building stands. 2.74 Yard, Side (Setback) An open space between the side line of a lot and the adjacent side of any Ixfilding thereon, such open space being understood to cover the entire extent between the front yard and the rear yard of such a lot. 2.75 (1985/25) See 2.30.1 2.76 Planned Development District Hanned Development District - A Planned Development District shall mean development of an area of land as a single entity, which lies in an Indu.4dal-S (I-S) District, in which a mixture of residential, open space, commercial, and/or industrial uses, and a variety of building types and desi~ are determined to be snfficienfly advantageous to render it appropriate to grant a Special Permit to depart from the normal requirements of the district in which the PDD is to be located, to the extent authorized by this Zoning Bylaw. Usable Open Space - The part or parts of land or structure within the PDD which are reserved for active or passive recreation use. This space shall exclude parking areas, driveways, and walkways and open areas in commercial areas such as cafes and shall be open and unobshucted to the sky. Trees, plantings, arbors, fences, sculpture, fountains, swimming pools, open-air 23 recreational facilities, launclty appas-atus-and similar objects shall not be considered 'obstructions. 2.77 Public Parking Area A parking area owned and maimained by the Town of North Andover. SECTION 3 ZONING DISTRICTS AND BOUNI)ABIES 3.1 Establishment of Districts The Town of North Andover is hereby divided into zoning districts designated as follows: Residence 1 District Residence 2 District Residence 3 District Residence 4 District V'~ge Resid.eaaial Dish Residence 5 District Residence 6 District B-~rtess 1 District Business 2 District Business 3 Di~'ulct Business 4 District Village Commercial District General Business District Industrial 1 District Industrial 2 District Ind~ 3 District Industrial S District Flood I4s~ard District Watershed Protection District (g-.3) 6t-4) O/PO (P-s) 0 -1) 0 -2) (B-4) (VC) (G-B) (I-l) (i-3) (i-s) 3.2 Zoning Map The zoning districts established by this Bylaw are bounded as shown on amap dated May 12, 1972, as the same may be adopted by the Town, and as it may hereafter be amended. Said m~p accompanies and is hereby made a part of tiffs Bylaw. Any land area not designated upon said map as being within another zoning district shall be within the Residence-2 District. The Flood Plain District is defined as all areas so designated on maps entitled "l~oOd Insurance Rate Maps" (FIRM) and Flood Bounda~ and Floodway Map dated June 2, 1993 and as it may hereafter be amended, on file with the Town Clerk, incorporated by reference herein. 24 I 3.3 District Boundaries Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the Building/m...pector shall determine the location of such boundaries. In reaching any such determination, the Building Inspector may properly rely upon the accuracy of the land area descriptions appearing in the Zoning Bylaw adopted by the Town in 1956,~ and as thereafter amended, insofar as any of them may be pertinent thereto. 3.4 Historic Districts (1987/16) [-~storic Districts established pursuant to the provisions of M~G.L Chapter 40C, as may be from time to time amended, shall be indicated on the Zoning Map by appropriate symbol.. SECTION 4 BUILDINGS AND USES PERMITTED 4.1 District Use Regulations 4.1.1 General Provisions In the zoning districts above specified, the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of l~d, buildings, or part thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the pe~'~lfitted uses shall be treated as requiting a Special Permit (1985/26) When a tot in one ownership is situated in part in the Town of North Andover and in part in an adjacent town or city, the provisions, regulations and restrictions of this Bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all the zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit, be deemed to apply and govern at and beyond such zoning district botmdary, but only to an extent not more than one hundred (100) linear feet in depth (at a right angle to such boundaxy) into the lesser part by area of such lot so divided. Accessory uses, as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as not to alter the character of the premises on which they are located nor impair the neighborhood, where manufacturing of any kind .is allowed as an accessory use, it shall be restfieted to such light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the customer. 25 4.12 4.121 No private or public (1985/20) way giving access to a building or use or not permitted in a residential district shall be laid out or consh-acted so as to pass through a residential district. Pe~ mitted Uses Residence 1 District Residence 2 District Residence 3 District One family dwelling, but not to exceed one dwelling on any one lot. Place of worship.. Rooming house, renting rooms for dwelling 'purposes or finmishing table bOard to not more than four (4) persons not members of the family resident in a dwdling so used, provided there be no display or advertising on such dwelling or its lot other than a name place or sign not to exceed six (6) inches by twenty-four (24) i.n. ches in size, and further provided that no dwelling shall be erected or altered primarily for such use. For use of a dwelling in any resideu'dal district or multi-family district for a home occupation, the following conditions shall apply: Not more than a total of three O) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and. residing in said dwelling; b. The use is carded on strictly within the principal building, There shall be no ext~ior alterations, accessory buildings, or display which are not customary with residential buildings; do Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits; e. There will be no display of goods or wares visible fiom the meet; The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighbOrhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way become objectionable or detrimental to any residential use within the neighborhood; Any such building shall include no features of design not customary in buildings for residential use. 26 t I I I I l I I I I l I I I I I I I I i I I I I I I 10. 11. 12. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which ~ey are placed. a. Agriculture, horticulture, floraculture, viticu/ture or'silvaculture. (1986/100). On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre ofl°t size to five (5), the keeping of one additional animal or bird but not the keeping of any animals, birds or pets Of persons not resident on such lot (1993/36) On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, and poultry batteries. The sale of products raised as a remit of the above uses on the subject land, (1986/100). The sale-of products of agriculture, horticulture, floraculture, viticulture or silvaculture as well as accessory or customary items, by any person who is primarily engaged in any of the above activities. The operatiOn must be on at least ten (i0) contiguous acres used primarily for any ofthese activities. (1986/100). Swimming pools in excess of two (2) feet deep Shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4).feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. a. Public and private non-Profit.educational facilities. (1986/17) b. Private for profit educational facilities by Special Permit. (!986/17) Public building and public service corporations (Special Permit required), but not including public works garages. Golf Course. Swinuning and/or tennis clubs shall be permitted with a speCial Permit. 27 19. 20: 4.122 1. 2. 3. 13. Cemetery. 14. Nursing and convalescent'home- see dimensional requirements of Table 2 (Special Permit required). 15. Municipal recreational areas. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. 17. Family Suite - a separate dwelling unit within or attached to a dwelling for a member of a household is allowable by Special Permit provided: a. The dwelling unit is not occupied by anyone except brothers, sisters, maternal and paternal parents and grandparents, or children of the residing oWners of the dwelling b. That the premises are inspected annually by the Building Inspector for conformance to this section of the Bylaw;, c. The Special perrriit shall be recorded at the North Essex Reg'i_,'-~rY of Deeds. 18. Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback fi.om side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. Day Care Center by Special Permit. 0985/23) Independent Elderly Housing by Special Permit in Residence District 3 only. Residence 4 District One residential building per lot. Place of Worship. Renting rooms for dwelling purposes or furaishing table board to not more than four (4) persons not members of the family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. 28 I ! I i I I I I I I i I I '1 I i I For the use of a dwelling in any resid~ district Or multi-~amily district for a home occupation, the following conditions shall apply: Not more than a total of three (3) people may be employed in the home oCCUpation, one of whom shall be the owner of the home occupation and residing in said dwelling; b. The use is carried on strictly within the principal building; There shall be no exterior alterations, accessory building or disPlay which are not customary with residential buildings; Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use.' In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits; e. There will be no display of goods o~ wares viable ~om the street; The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke,, dust, noise, disturbance, or in any other way become objectionable or detrimental to any residerniai use within the neighborhood; Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exceed twenty-four (24) inches by thirty-sk (36) inches in size which shall advertise only the rental, lease, .or dale of the premises upon which they are placed. a. Farming of field crops and row crops, track gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or bird; but not the keeping, of any animals, birds or pets of persons not resident on such lot. On any lot of at least five (5) acres the keeping of any number of animal.q or birds regardless of ownership and the operation of equestrian riding academies, stables, smd farms, dairy farms, and poultry batteries. 29 10. 12, 13. 14. 15. 16. 17. cL The sale of products raised as a result of the above uses on the subject lan& Swimming pools in excess of two (2) feet deep shall be considered a structure and. pen~tted provided they are enclosed by a suitable wall or fence at lea~t four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (1 O) foot setback fxom side and rear lot lines and be located no nearer the street than the' building line of the dwelling except by Special Permit. Public and private non-profit educational facilities. (1986/17) b. Private for profit educational facilities by Special Permit. (1986/17) Munidpal building or use, and public service corporation use (Special Permit required). (1986/18) Swimming and/or tennis clubs shall be pemiitted with a Special Permit. One or two-family dwellings, including the right to convert any existing dwelling to accommodate not more than five (5) family units by Special Permit from the Zoning Board of Appeals after a public heating with due notice given, provided: No major exterior .~hactural changes shall be made which alter the character of the existing neighborhood. The right to convert shall apply to any dwelling under the ownership of one single person, pannership or corporation to be converted for use as a dwelling of not more than five (5) family units, and meeting all requirements of the State and Town StatUes and Bylaws, including the Health Codes, Building Codes, Zoning Laws, and Zoning,Bylaws. b. Stairways leading to the second or any higher floor shall be enclosed. (1987/24) Munidpal recreational areas. Guest or rooming houses. Nursing and convalescent homes - see dimensional requirements of Table 2 (Special Permit rmuked). 30 31 31 '-Il I I ! I 18. 19. 20. 21. 4.123 1. 2. 3. 4. 5. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory us shall be not injurious, noxious, or offensive to the neighborhood. Accessory buildings no larger than sixty:four (64) square feet shall h_ave a minimum five (5) foot setback from side and rear lot lines and shall be located ne nearer the street than the building fine of the dwelling. Day Care Center by Special Permit. (1985/23) Congregate Housing for Elders - Special Pe~u~fit In the R4 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. The maximum,allowable FAR for ~onfimgate housing shall be 0.30 in the R-4 District (seven (7) units). In no instance shall any new or pre-existing bu/lding used for congregate elderly housing have more than fourteen (14) dwelling units. All dimensional criteria established in section 7, Table 2 Summary of Dimensional Regulations shall apply to all structures used for congregate housing purposes. Village Residential District (1987/11) Single family residential ~u uctures. Two family residential structures. Multi-family residential structures, not exceeding five (5) dwelling units per structure. Place of worship. Renting rooms for dwelling purposes or tiauishing table board to not more .than four (4) persons not members of the family resident in a dwelling so sued, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwellilng shall be erected or altered primarily for such use. For the use of a dwelling m any residential district or multi-family district for a home occupation, the following conditions shall apply: 31 Not more than a total of three 0) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling. The use is on'led on sUietly within the principal building. · There shall be no exterior alterati°ns, accessory building or display which are not customary with residential buildings. Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept .no stock in trade, commodities, or products which occupy space beyond .these limits. eo There will be n.o display ofgOOds oi' wares'visible fi.om the meet. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emissions of odor, gas, smoke, dust, noise, disturbances, or on any way become objectionable or detrimental to any residential use within the neighborhood. Any such building shall include no feature of design not customa~ in building for residential use. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. Fa~,cdng of field crops and row crops, track gardem, orchards, plant nnrsefies, and On any lot of at least three (3).acres, the keeping of a total of not mOre than three (3) of any kind or assortment' of animaln or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or birds; but not the keeping of any animals, birds or pets of persons not resident of such lot. On any lot of at least five (5) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, smd The sale of products raised as a result ofthe above uses on the subject land. 32 I I I ,I I I I I I I I I I I I I 10. Il. 12. 13. 14. 15. 16.' 17. 19. 20. Swimming pools in excess of two (2) feet'deep shall be considered a structure and permitted provided they .are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the e~0aaace of persons other than those residing at the pool locafiorr Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. Educational facilities. Municipal building and public service corporation use (Special Permit required) Golf course. Swimming and/or te~,' clubs shall be permitted with a Special Pewfit. Cemetery. One or two-family dwellings, including the right to convert an .existing dwelling to accommodate not more than five (5) family units by Special Permit fi-om the Zoning Board of Appeals after a public hearing with due notice given,'provided~ No major exterior stnactural changes shall be made. The right to convert shall apply to any dwelling under the ownership of one single person; partnership, or corporation to be converted for use as dwellings ofnot more than five (5) family units, and meeting all requirements of the State and Town Statues and Bylaws, including Health Codes, Safety Codes, Building Codes, Zoning Laws and Zoning Bylaws. stairways leading to the second or any higher floor shall be enclosed. Municipal recreational acres. Guest or rooming houses. Nursing and convalescent homes - see dimensional requirements of Table 2 (Special Permit required). Any accessory building no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. 33 21. 4.124 l~' 2. 3. Day Care Center by Spedal Permit (1985/23) Residence 5 District One-fanfily dwelling. Place of worship. Renting rooms for dwelling purposes or furni.~hing table board to not more than four (4) persons not members of~e family resident in a dwelling so used, provided there be no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. For-the use of a dwelling in any residential di.~a.ia or multi-family di~hict for a home occupation, the following conditions shall apply: Not more tha~ a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling; b. The use is carried on strictly within the principal building; There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings; Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade, commodities or products which occupy space beyond these limits; e. There will be no display of goods or wares visible fi-om the sm:et; The building or premises 6ccupied shall not be rendered objectionable or dea-imental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way become objectionable or detrimental to any residential use within the neighborhood; Any such building .shall include no feature of design not customary in buildings for residential use. Real Estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size which shall advertise only the rental, lease or sale of the premises upon which they are placed. 34 31 '11 '11 I! l! ! ! I I I I I I I I I I i I I I I I I 10. 11. 12. 13. 14. 15. ao Farming of field crops and row crops, tmek gardenS, on:bards, O/ant nurseries and greenhouse. On any lot of at least three O) acres, the keeping of a total of not more'than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or birds; but not the keeping of any agimals, birds, or pets of persons not resident on such lot. c. Off any lot of at Ieast five (5) acres, the keeping of any number of animals or bkds regardless of ownership and the operation of equesUian tiding academies, Stables, stud hrm~ dah3t'fmm, and poultry batteri~. d. The sale of products raised as a result of the above uses on the SUbject land. Swimming pools in excess of two (2) feet'deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be detemmed by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the ~ except by Special Permit. Public building or use and public service corporations (Special Permit required), but not including public works garages. a. Public and private nOn-profit educational facilities (1986/17) b. Private for profit educational ~cilities by Special Permit. (1986/17) Golf Course. Swimming and/or tennis clubs shall be permitted with a Spedal Permit. Cem~e~. Town houses. Guest or rooming houses. 35 16. 17. 18, 19. 20. 21. 22. 4.12~ 1. 2. 3. 4. 5 Nursing or convalescent homes - see dimensional requirements of Table 2 (Special Permit Professional offices on the ground floor of mulfi-fiunily dwelling structures. (Floor area utiliTed for oflqces shall reduce the total floor space ordinarily permitted for residential use on a proportional basis. Each one- thousand (1000) square feet or part thereof of such floor space shall reduce the permitted number of dwelling units by one). Hotel or motel (Special Permit required). Paridng indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. Accessory buildings no larger than sixty-four (64) square feet shall have a minimum five (5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. Day Care Center by Special Permit (1985/23). Residence 6 District (1989/43) Single family residential structures. Two family residential structures. Multi family residential structures, not exceeding 7 dwelling units per ~hacture. Place of worship. Reining rooms for dwelling purposes or furnishing table board to not more than four per~oos not members of the family resident in a dwelling so used, provided there be no advertising On such dwelling or its lot other thana name plate or sign not to exceed six (6) inches by twenty four (24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: Not more than three 0) people may be employed in the home occupation, one of whom ~ail be owner of the home occupation and residing in said dwelling. 36 11 t! 11 I il ! ! ,I b. The use is carried on strictly within the principal building. There shall be no exterior alterations, accessory building, or display which are not customary with residential buildings. .Not more than twenty-five (25) percent of the existing gross floor area of the dwelling unit so used, not to exceed one thousand (1000) square feet, is devoted to such use. In connection with such use, there is to be kept no stock in trade commodities, or products which occupy space beyond these limits. e. There will be no display of goods or wares visible from the street. The building or premises occupied shall not be rendered objectionable or detrimemal to the residential character of the neighborhood due to the exterior appearance, emissions of odor, gas, smoke, dust, noise, disturbances, or in any way become objectionable or detrimental to any residential use ~ the neighborhood. ' Any such building shall include no feature of design not customary in buildings for residential use. Real estate signs not to exra~ twenty four (24) inches by thirty six (36) inches in size which shall advertise only the rental, lease, or sale of the premises upon which they are placed. ap Fanrfing of field crops and row crops, mack gardens, orchards, plant nurseries, and On any lot of at least three (3) acres, the keeping of a total of not- more than three O) of any kind or assortment of animals or birds in addition to the household pets of a family living on such 10t, and for.each additioval acre of lot size to five (5) acres, the keeping of one additional animal or bkds; but not the keeping of any animals or birds or pets of persons not a resident of sui:h lot. On any lot of at least five .(5) acres the keeping of any number of animals or bkds regardless of ownership and the operation of equestrian riding academies, Stables, stud finms, dairy farms, and poult~ batteries. d. The sale 0f products raised as a result of the above uses on the subject land. Swimming pools in excess of two (2) feet deep shall be considered a structure and pemdtted provided they are enclosed by a suitable wall or fence at least four (4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pools locatiorL Pools shall have a minimum of a ten (10) foot set back fi.om rear 37 10. 11. 12. 13. 14: 15. 16. 17. 18. and side lot lines and be located no nearer the street than the building line of the dwellin~ ~xeePt by Special Peru, it. Educational facilities. Municipal building and public service corporation Use (Special permit required). Golf course. · Swimming and/or tennis dubs shall be permitted with Special Permit. Cemetery. One or two family dwellings, including the fight to convert an existing dwelling to accommodate not mo~e than seven family units by Special Pa-mit fi.om the Zoning Board of Appeals after a public heating with due notice given, provided: · a. No major exterior structural changes s!~ll be made. The fight to convert shall apply to any dwelling under the ownership of one single person, parmetship, or corporation to be converted for use as dwelling of not more than seven (7) family units, and meeting all requirements of the State and Town Statues and Bylaws, including Health Codes, Safety Codes, Building Codes, Zoning Laws and Zoning Bylaws. b. Stairways leading to the second or any higher floor sbal! be enclosed. Municipal recreation areas. Guest or rooming houses. 19. 20. Nursing and convale~m homes - see dimensional requiremeats of Table 2 (Special Permit required). Any accessory building larger than sixty-four (64) square feet shall have a minimum five (5) foot setback fi-om the side and rear lot lines and shall be located no nearer to the street than the building line of the dwelling. 21 Day Care Center by Special Permit. The following uses shall to be allowed only be Special Permit, the permit granting authority shall be the Planning Board. 38 I I I l I ti ,I I I I I I I I I I I I I I Retail stores, salerooms, fimeral parlors, showrooms or places for any professional artistic or mercantile activity, not involving automotive sales, manufacturing or service also retail bakeries or confectioneries by Special Permit. Banks, officers and munidpal, civic or public service buildings, such aS.post offices, telephone exchanges, town officers, school library, local passenger station by Special Peimit. Dining room or lunch room by Special Permit. Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood by Special Permit. Single family residential structures, which conform to the following dimensional criteria: (1992/52) Requirement~ Dimensions Lot area raht Sq. Ft. Height Max. (i~.) Street Frontage Mm. (ft.) Front Set Back Mm (t~.) Side Set Back Mm (ft.) Rear Set Back 1Vfin. (ft.) Floor area Ratio Max~ Lot Coverage Max. Dwelling Unit Density Contiguous Buildable Area 5,000 35 75(1) 2O 5 15 N/A 25% 6/acre(2) 5,000 Sq. Ft.(l~_m.) For each application filed for a Special Po-mit 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 three (3) Footnote: l. In instances where a lot fi-onts on Route 114, for purposes of public safety, the required lot fi~ontage shall be 250 feet Only if all lots or structures are serviced with public sewer and/or a private sewer system approved and accepted by the Town. For the purpose of this Section, the term private sewer system shall mean a sewer system built by a developer to the Town specifications and locations, and dedicated to the Town_ In no instances shall the team private sewer system be construed to 39 4.12t} 1. 2. 3. 4. 6. 7. 8. 9. 10. 11. limit access~ to the sewer system beyond regulations consistent with the publio sewer system. Business 1 District Personal service establishments. Professional offices, banks, real estate offices and insuran~ offices. Fating or ddnldng uses may be permitted only as a seconda~ use within a permitted primary Place of worship. Non-profit school. Public building or use and public service corporation. ResidUal uses including one and two family dwellings. Apartments shall be allowed where such use is not more than fffiy (50%) percent of the total floor space in the building. a. Farmng of field crops and row crops, track gardens, orchards, plant nurseries and b. On any lot of at least three 0) acres, the keeping of a total of not more than three 0) of anY kind or assortment of animals or bkds in addition to the household pets of a family living on such lot, and for each additional acre of lot ~i:,e to five (5) acres, the keeping of one additional animal or bird; but not the keeping of any animals, birds or pets of persons not ruddent on such lot: c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation ,of equestrian riding academies, stables, smd d. The sale of products raised as a result of the above uses on the subject land. Swimming andgor tennis clubs shall be permitted with a Spedal Permit. 40 I I I I I I I I I I I I I I I I I I I I I 12. 13. 4.127 1. 2. 3. 4. 5. 6. 7. 8. 9. 10~ II. 12. 13. 14. 15. 16. 17. 18. Parking, indoor storage and other accessory uses customarily assodated with the above uses, provided that such accessory use shall not be injurious, noxious or offensive to the neighborhood. Day Care center by Spedal Permit (1985/23). Business 2 District Retail establishments. Personal Service establishments. Professional offices, banks, real estate offices and insurance offices. Business and other offices. Public building or use and public service co~-poratior~ Swimming and/or tennis clubs shall be permitted witha Special Permit. Place of worship. Eating and drinking establishments. Non-profit school or private school for profit or museum. Indoor place of amusement or assembly. Automobile semce station 0imited to one in each 2,000 linear feet of street or highway as measured along centerline). Medical cemer, clinic or medical laborato~j. Funeral Parlor Multi-family dwelling and town houses (with Special Permit). Public parking garages. Taxi depot. Printing and reproduction. 41 19. 2o. 21. 4.128 1. 2. 3. ' 4. 5. ' 6. 7, $. 9. 10. Farmk~ of field crops and row crops, track gardens, orchards, plant nurseries, and gree/lhOUse& On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or bkd, but not the keeping of any animals, bkds, or pets of persons not resident on such lot. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian tiding academies, stables, stud R~idential use where such use is not more than fffiy percent (50%) of the total floor space in the structure. Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be noxious, injurious, or offensive to the neighborhood. Day Care Center by Special permit (1985/23). Business 3 DiStrict Retail establishments. Personal service establishments. Professional offices, banks, real estate offices and insurance companies. Business and other offices. Public building or use and public service corporation. Art Gallery. Swimming and/or tennis dubs shall be peemitted with a Special Permit. Place of worship. Eating and ~g establishments. Non-profit school or private school for profit or museum. 42 ]1 I l! 11 ! 11. ' 13. 14. 15. 16. 17. 18. 19. 20. 21 22. Indoor place of amusement or assembly. Automobile service station (limited to one in each 2,000 linear feet Of street or highway as measured along the centerline). Medical center, clinic or medical laboratory. Funeral parlor. Public parking garage. Taxi Depot Printing and reproduction. Research and development facilities. New car sales' but not to include outdoor car sales lots accommodating more than ten (10) used cars. Fanning of field crops and row crops, track gardens,' orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one (1) additional animal or bird; but not the keeping of any aninnal.~, birds, or pets of persons not resident on such lot. On any lot of at least five (5) acres, the keeping of any number of animal~ or birds regardless of ownership and the operation of equestrian riding academies, stables, smd farms, dairy farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. Parking, indoor storage and other accessory uses associated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. Day care Center by Special Permit (1985/23). 43 4.129 . Business 4 District 1. Research and development facilities. 2.' Business, professional and other offices. 3. Accessory retail, personal service and eating and drinking use shall be permitted'in an amount not to exceed t~n perce.~ (10%) of total gross floor area of the principal uses. 4. Phce of worship. 5. Non-profit school or private school for profit or nm,saim 6. Public building or use and public service eorporatiom. 7. Hotel or motel (limited to one in each 2,009. linear feet of street or highway as measured along centedine). g. Medical center, clinic or medical laboratory. 9. Nursing and conval~I homes. See dimensional requirements of Table 2. 10. Art Crallery. 11. Swimming and/or tennis clubs shall be permitted with a Spedal Permit. 12. Printing and reproductio~ 13. a~ Farming of field crops and row crops,' truck gardens, orchards, pla,at' nurseries, and green houses. b. On any lot of at least three (3) acres, the keeping of a to~ of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets 9t~ a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping or'one additional animak or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c. On any lot of at least five (5) acres, the keeping o/' any mamber of anhnals or birds regardless Of ownership and the operation ofeques"ian riding academies, stables, stud d. The sale of products raised as a result of the above uses on the subject land. 44 ql '11 "11 I I I 14. 15. 4.130 1. Parking, indoor storage and other accessory uses associated with the above uses, provided that such use shall not be injurious, noxious or offensive to the neighborhoocL Day Care Center by Special Permit (1985/23) Village Commercial District (1987/12) Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or place for any professional, artistic or mercantile activity, not involving automotive sales or manufacturing; also retail bakeries or retail confectioneries. Banks, offices and munidpal, civic or public service buildings, such as post ottice, telephone exchanges, town offices, school, library, museum, place of worship, local passenger statiom Hall, club, theater, or other phce of amusement of assembly. Restaurant, dining room or lUnch room Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. Farming of field crops and row crops, track gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three 0) acres the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pet of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one additional animal or bird; but not the keeping of animals, bkds or pet of persons not resident of such lot. do on any lot of at least five (5) acres, the keeping of any animals or birds regardless of ownership and the operation of equestrian, riding academies, stud farms, dairy farms, and poultry batteries. The sale of products of agriculture, horticulture, floraculture, viticulture or silvaculture as well as accessory or customary items by the person who is primarily engaged in any of the above activities. The operation nmst be at least ten (10) contiguous acres used primarily for any of these activities. Day Care Center by Spedal Permit (1985/23). 45 I 4.1'31 General Business District Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercanl/le activity, not involving manufacturing; aLso ret_oil bakeries or retail confectioneries. Banks, offices, and municipal, civic, or public service buildings, such as post office, telephone e~change, town office~ school, library, museum, place ofworship, local passenger s~ation. Hall, club, theater, or other place of amusement or assembly. Automobile service and filling stations, automobile storage and repair garages, including automobile body repairs and painting, and automobile sale agencies' for new and used cars, provided there be not displayed or stored Outdoors on such premises more than twenty-five (25) automobiles or other vehicles. Restaurant dining room or lunch room Residential use where such use is not more.than fffiy percent (50%) of the total floor space in the structure. Any accessory use customarily inddent to any of the above permitted uses, provided that such accesmry use shall not be injurious, noxious, or offensiv~ to the neighborhood. Farming of field crops and row crops, track gardens, orchards, plant nurseries, and On any lot of at l~t three O) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lotsize to five (5) acres, the keeping of one (1) additional animal or bird; but not'the keeping of any animals, birds or pets of persons not resident on such lot. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equem-ian tiding a~d_emies, smd farms, dairy farms and poultry batteries. d. The sale of products raised as a result of the above uses on the subject lancL Day Care Center by Special Peaiiiit (1985/23). 46 II il I I '1 I I I I I I I I I I I I I 4.132 2. 3~ 5. 6. 7. 8. 9. 10. ' 2.' lndustri~ 1 District Research and development facilities. Business, professional and other offices. Retail and food uses shall be permitted if they are accessory to the principal use and are primarily intended to service the principal use. No more than ten percent (10%) of the gross floor area of the prmdpal use may be devoted to accessory use. Where there is more than one principal use each use may only have ten percent (10%) of gross floor area (GFA) devoted to any accessory use. (Refer to Section 2.21, Definition of Accessory Use Structure). (1987/25) Place of worship. Non-profit school or private school for profit. Public building or use .and public service co~orafions. Medical center, clinic, or medical laboratory. Art gallery or museum. Swimming and/or tennis clubs and/or indoor ice skating fac/lit/es shall be permitted with a Special Permit. Printing and reproductioix Light. rnanufa~g, including manufacturing fabrication, pmcessing~ finishing assembly, packing, or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse enviromental effect. Farming of field crops and row crops, track gardens, orchards, plant nurseries and On any lot of at least three O) acres, the keeping of a total of not more than three O) of any kind or assortment of animals or bkds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one (1) additional animal or bird; but not the keeping of any animals, bkds, or pets of persons not resident on such lot. 47 16. 4.15 1. -~. ¢. On any lot of at least five (5) acres, the keeping of any number of anim~l~ or birds regardless of ownership and the operation of equestrian tiding academies, stables, stud d. The sale of products raised as a result of the above uses on the subject land. 13. Warehousing and wholesaling shall be permitted only as a secondary use. 14. Golf course. 15. Parking indoor storage and other accessory uses customarily associated with the above uses, provided that such accessory use shall not be injurious, noxious-or offensive to the neighborhood. Day Care Center by Special Permit (1985/23). Industrinl 2 District . Re,arch and development facilities. Buaines.~, professional and other Retail and food uses shall be permitted if they are acces~ry to the principal ~ and are primarily intended to service the principal use. No more than ten percent (10°/~) of the gro~ floor area (GFA) of the principal use may be devoted to accessory use. Where there i~ more th. an one principal uae each use may only have tm perc~.at (t0°A) of gross floor area (GFA) devoted to any accessory use. (Kefer to Section 2.21, Definition of Accessory Use Structure) 4. Place of worship. 5. Non-profit school or private school for profit. 6. Public ~ervice corporation and energy or resource recovery facility. Any dumping of aah or other hnTnrdous material generated by such facility shall be subject to a Special Permit, Granting Authority to be the Planning Board. (1992/56) 7. Medical 'center, clinic, or medical laboratory. 8. Art galley. 9. Swimming and/or tennis clubs shall be permitted with a Special Permit. I I I 10. Il. 12. 13. 14. 15. 16. 17. 18. I9. 20. Printing and reproduction_ Light manufacturing including manufacturing,' fabrication, processh~ finishing, assembly, packing or treatment of articles or merchandise provided such uses are'conducted solely within a building and further provided that such uses are not offen6ve, noxious, detrimeraal, or dangerous to surrounding areas or the town by reason of dust, smoke, finnes, odor, noise, vibration, light, or other adverse environmental effect. Farming of field crops and row crops, track gardens, orchards, plant nurseries, and greenhouses. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assotiment of anirnai.q or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of One (1) additional animal or bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot. On any lot of 'at 'least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud fanta, daky farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. Warehousing and wholesaling. Lumber or other building materials storage or sales, fuel storage or contractors yard, provided all outdoor uses are enclosed by a fence of five (5) feet or more in height. Bus garage. Automobile service station (limited to one in each 2000 linear feet of street or highway as measured along centerline). Automobile or other motor vehicle repair, provided all activities are within an enclosed building. Veterinary hospitals and kennels, provided all activities are with an enclosed building. 49 I 21. 22: 23. 4.134 2. 3. 4. 5. 6. 7. Parking, indoor storage and other accessory, uses customarily assodated with the above uses, provided that such accessory use shall not be injurious, noxious, or offensive to the nei oenooa. Day Care Center by Special Permit (1985/23). Hotels and motds limited to one in each 2,000 linear feet of street or'highway as measured along the center line. Industrial 3 District PuNic buikiings. Public garages and accessory buildings. Public service corporations. Public sanitary disposal site. Public storage of equipment. All.uses permitted in the Industrial 1 District. Day Care Center by Special'Permit (1985/23). 'Il 4.135 1. 2. Industrhfl 'S" District Research and development facilities. Business, professional and other offices, 4. 5. 6. 7. Place of worship. Non-profit school or private school for profit. Public building or use and pUblic service' corporatio~t Printing and reproduction. .Light manufacturing, including manufacturing fabrication, p~ fininhing, assembly, packing, or treatment of articles or merchandise, other commercial non-retail activity, provided such use~ are conducted solely within a building and further provided that such uses are not offevaive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, finnes, odor, noise, vibration, light or other adverse environmental effect. Premises of a bank, post office, tdephone exchang~ or telephone business office, local bus passenger station, or business office buildings. By Special Permit, an autOmobile service and filling station~ a diner, a restaurant, a retail food store, but no other retail' stores ofauy kind. !1 Warehousing and Wholesaling. 5O 11. 12. 13. 14. Lumber or other building materials storage or sales, fuel storage, or coaUactofs yard, provided all outdoor uses are enclosed by a fence of five (5) feet or more in height~ Bus garage. Any accessory use customarily incident to any of the above permitted uses, provided that such use shall not be injurious, noxious, or offensive to the neighborhood. Farming of field crops and row crops, truck gardens, orchard, plant nurseries, and greenhouses. bo On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one (!) additional animal or bird; but not the keeping of any animals or birds or pets of pers9, ns not resident on tach lot. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, smd farms, dah3t farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. Day Care Center by Special Permit (1985/23) 4.136 Watershed Protection District Purpose The Watershed Protection District is herein established as an overlay district and shall be superimposed on the other districts established by this Zoning Bylaw. The requirements enumerated hereafter for this Watershed Protection Di~uict shall be in addition to, rather than in pl.~ of~ the requirements of such other districts. The Watershed Protection District surrounds Lake Codaichewick, the Town's sole source of public drinking water supply. Regulations within the Dhulct are intended to preserve the purity of the ground water, the lake, and its tributaries; to maintain the ground water table; and to maintain the filtration and purification functions of the land; while conserving the natural environment; and protecting the public health, safety and welfare. 51 I 2~ The Lake Cochichewick Watershed Plan (August 1987), prepared by I.EP., Inc., for the Town of North AndoVer, is a comprehen.~ve study of the lake and its watershed. The Watershed Protection District is a portion of the LE.P. study's recommended management plait Copies of the LE.P. report are available in the Planning Board The Special Permit Graating Authority (SPGA)' under this Bylaw shall be the Planning Board. Boundaries and Zones The boundaries of the Watershed Protection Dhhlct are shown on the Zoning Map as set forth on a plan entitled "Subdrainage Areas", Lake Coehiebewiek Watershed Plan (August 1987), Attachment 1, dated August 1985, prepared by I.E.P.. Inc. for the Town ofNorth Andover. This plan is hereby made a part ofthis Bylaw and is on file in the.Office of the Town Clerk. The Watersbe~l Protection Di~uict shall be divided into four zones. The uses and building requiremems for each zone ~ vary according to its proximity to the Lake and wetland resource areas. The Zones are as follows: G-~nerak There shall exist a General Zone within the Watershed Protection District which shall consist of all land located beyond four hundred (400) feet horizonlally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in lV[G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. Non-Discharge: There shall exist a Non-Discharge Buffer Zone within the Watershed Protection District which shall consist of all land areas located between two hundred fifty (250) feet and four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochicbewick and-between one hundred ~ (150) feet and four hundred (400) feet horizontally from the edge ofall wetland resource areas (as defined in M~G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. Non-Disturbance: There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fiRy (150) fe~ and two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewiclq and between seventy five (75) feet and one hundred fn°o] (150) feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. 52 11 11 II ; 11 ill I I I ,I I I ~: There shall exist a Conservation Zone within the Watershed Protection District which shall consist of all land areas located within one hundred fffiy (150) feet horizontally from the annual mean high water mark of Lake Cochichewidq and within seventy five (75) feet ho~.ontally fi-om the- edge of all wetland resource areas (as defined in M.G.L Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. 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 Si*GA 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 bold a hearing to make a final determi~ation of such boundaries. A_t such hearing, such report shall be deemed evidence sufficient to establish the location of the boundary unless rebutted by credible evidence to the When the Watershed Protection District boundary divides, a lot of record as of June 28, 1978, in one ownership, that portion of the lot within the Watershed Protection District must comply with this Bylaw. Where the premises are partially outside of the Watershed Protection District, potential pollution sources such as on-site waste disposal systemsl shall be located outside of the District to the extent feasible. The provisions relating to the Conservation Zone shall not apply to any activities undertaken by the Division of Public Works. The provisions relating to the establishment of the Conservation Zone and the enlargement of the Non-Disturbance Zone and the Non-Disturbance Zones shall only apply_to lots recorded or registered after the date of the enactment of this amendment (October 24, 1994). (1994/1STM). Table 1 - Lots created after October 24, 1994 Conservation Non- Disturbance Non- Discharge From Annual High Water Mark of Lake Cochichewick out to 150' 250' 400' 53 I From ~n~ of All Wetland Resource ou~ to 75' 150' 400' Table 2- Lots created on or prior to October 24~ 1994 Non- Disturbance Non- Discharge From AnmJa! High Water Mark of Lake Cochichewick out to From Edge of All Wetland Resource Areas Within the Watershed D~U la out to 250' 325' 10lY 325' Uses and Buildin~ Renuirements ' a. General Zone- There shall eaJst a Gene~ Zone within the watershed Protection Dkshlct whiOa shall consist of all land located beyond four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in Iv[G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. Allowed Uses: The following uses shall be allowed in the Creneral Zone of the Waterslied Protection District as itemized below: (1) All permitted uses allowed in Section 4.121 "Permitted Uses Residence 1, 2, and 3 District" of the Zoning Bylaw. (2) All uses associated with municipal water supply/treatment and public sewer provided by the Town of North Andover. 54 31 "Il II ]1 ill .11 ,I I (3) (4) The Division of Public Works may conduct routine maintenance of'any existing use of property, including the maintenance and improvements of existing roadways and dra[n~e systems. Maintenance of fire access lanes by the Fire Department. All agricultural uses, providing that such uses exercise Best Management Practices and be undertaken in SUch a manner as to prevent erosion and siltation of adjacent water bodies and wetlands. Uses Allowed by Special Permit: The following uses may be allowed in the General Zone of the Watershed Protection District by the granting of a Spedal Permit issued pursuant to Section 4 of the Watershed Protection Di.~hlct Byla~ (1) Golf comes, public or private with Best Management Practices. (2) Any other use not provided for elsewhere in this Section. commercial kitchen on public sewer. Prohibited Uses: The following uses are specifically prohibited within the General Zone of the Watershed Protection District: (1) Any solid waste facility as defined by M~G.L. Chapter 111, Section 150A. (2) Munidpal sewage treatment facility, not including sewer lines, pump stations and other accessory sewer system equipment used to transport sewage to a treatment facility located outside of the District. (3) Privately owned waste water treatment plants. (4) Road salt or other ddeing stockpiles. (5) Underground tanks or collection pits for storage of fuel or hazardous materials including any tanks or collection pits partially below mean ground devation but excluding any tanks located completely within a building otherwise permitted under this Section~ (6) Dumping of snow fi.om outside the District. (7) Motor vehicle salvage operations and junk yards. 55 I (s) (9) 00) (ii) (12) (13) (14) (is) (17) (19) (20) (21) (22) (23) Stir-service laundries, u~less connected to publi~ sewer. Airplanes, boat, or motor vehicle service and repair establishments Cmquding auto body shops). Metal plating, finishir4g or polishing. Chemical and bactedological laboratories. Hotds, or motels, unless connected to public sewer. Painting, wood pre~rvi~, and furniture stripping establishrnentsl Photographic processing establishmenm Printing establishments. Dry Cleaning establishments. Storage of herbicides, pestiddes or fertili?~rs, other than in amOunts nonually associated with househOld or existing agricultural use. Commerdal cabinet or furniture malting Commercial storage or sale of petroleum or other refined petroleum. Commercial manttfacture, storage, use, transportation or disposal of any substance of such physical, .chemical or infectious charactefi~cs as to pose a significant, actual or potential, hazard to water supplies, .or other ba?ard to human health if such substance or mixture were discharged onto land or waters of this Town, including but not limited to o~anic chemicals, petroleum products, heavy metals, radioactive or infectious waste, adds, and alkali.% and all substances defined as Toxic or l-la~ard0us under M.G.L. Chapter 21C and Chapter 21E and the regulations promulgated thereunder, and also including pesticides, hetbiddes, solvents and thinners. Restm,rants unless connected to public sewer. 56 ]! ]! ]! 31 ]1 ...Il ]1 I I I I I I I I I I I I I I I I I I I I I iv. (24) commercial kitchens unless connected to public sewer. Building Req~_ ' eme~ts: All construction in the Watershed Protection Dishict shall comply with best management practices for erosion, siltation, and stormwater control in order to preserve the purity of the ground water and the lake; to maintain the ground water table; and to maintain the filtration and purification functions of the land. b. Non-Discharge Buffer Zone There shall exist a Non-Discharge Buffer Zone within the Watershed Protection District which shall consist of all land areas located between two hundred fifty (250) feet and four hundred (400) feet horizontally from the annual mean high water mark ,of Lake Cochichewick and between one hundred4 fail3' (150) feet and four hundred (400) feet horizontally from the edge of all wetland resource areas (as defined in M_G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. Allowed. Uses: All of the Allowed Uses listed in Section 3(a)(i) of this Watershed Protection District Bylaw are allowed in the Non-Discharge Buffer Zone except as noted below: Uses Allowed by S_m~_'_~l Permit- The following activities may be allowed within the Non-Discharge Buffer Zone only by the granting ora Special Permit issued pursuant to Section 4 of this Watershed Protection District Bylaw: (1) Any ~face or sub-surface discharge, including but not limited to, storm water runo~ drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds. All storm water management systems shall employ Best Management Practices. Prohibited Use~: The following uses are specifically prohibited within the Non- Discharge Buffer Zone: (1) All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed Protection District Bylaw are prohibited in the Non-Discharge Zone. (2) The use, or method of application ofiany lawn care or garden product (fertilizer, pestidde, herbicide) that may contribute to the degradation of the public water supply. 57 I O) The use of lawn ca~e or garden products that are not organic or slow- release nitrogax Building Requiremenm: All construction in the Watershed Protection District shall comply with best map~em~nt practices for erosion, siltation, and stormwater control in order to preserve the purity of the ground water and the lake; to-maintain th~ ground water table; and to maintain the filtration and purification functiom of the land. c. Non-Disturbance Buffer Zone There shall exist a Non-Distufl~ance Buffer Zone within the Watershed PrOtection District which shall consist of all land areas located between one hundred fffiy (150) feet and two hundred ~ (250) feet horizontally from the annual mean high watermark of 1 Cochichewick, and between seventy five (75) feet and one hundred filly (150) feet horizontally from the edge of all wetland resource areas.(as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Byhw) located within the Watershed. Allowed Uses: All of the Allowed Uses listed in Section 3(a)(i) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted below. Uses Allowed by Specifil Permit: The following uses shall be allowed within the Non-Distmbanc~ Buffex Zor~ only by Special Permit issued pursuant to Section 4 of this Watershed Protection Dish'ict Bylaw: (1) Any activities which ~u~ a change in topography or grade. (2) Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of a landscape area. O) Construction of a new permanent shucture only after a variance has been granted by the Zoning Board of Appeals. (4) Rephcement of any permanent structure. (5) Any surfa~ .or sub-mrface discharge, including but not limited to, stormwater runoff, drainage of any roadway that is maintained by the Division of Public Works or .any private association; outlets of all draimge swales; outlets of all detention ponds. 5B 11 '11 I I I I (6) Construction of any accessory structure or expansion of any existin~ structure by less than twenty five (25) percent of the gross floor area of the existing structure. (1994/lST1VD Prohibited Uses: The following uses are specifically prohibited within the Nora Disturbance Buffer Zone: (1) All of the Prohibited Uses listed in Section 3(c)('fii) of this Watershed Protection District Bylaw are prohibited in the Non-Discharge Zone. (2) Construction of any septic system (3) Construction of any new permanent structure, or expansion of an existing stmemre by twenty-five (25) percent or more of the gross floor area of the existing structure. (4) The use, or method of application of~ any hwn care or garden product (fecdlizer, pesticide, herbidde) that may contribute to the degradation of the public water supply. (5) The use of lawn care or garden products that are not organic or slow- release nitrogem iV. Building Requirements: All construction in the Watershed Protection District shall comply vfith best management practices for erosion, siltation, and storrnwater control in order to preserve the purity of the ground water and the lake; to maintain the ground water table; and to maintain the filtration and purification functions of the land. Conservation Zone. There shall exist a Conservation Zone within the Watershed Protection Disuict Which shall:consiSt of all land areas located within one hundred fifty (150) feet horizontally from the anta~ai mean high water mark of Lake Cochichewick, and within seventy five (75) feet horizontally from the edge of all wetland resource areas (as defined in M. GL. Chapter 13 l, Section 40, and the Town Wetland Bylaw) located within the Watershed. i. '::. Allowed Use.s: The following uses shall be allowed in the ConserVation Zone of the Watershed Protection Di~hict except as noted below: (1) All uses associated with municipal water supply/treatment and public sewer provided by the Town of North Andover. 59 I The Division of Public Works may conduct routine nninteaance of any existing use of property, including the maintenance and improvements of existing roadways and drabaage systems. (3) Maintenance of fire access lanes by the F'tre Depm ixaent. Uses Allowed by Special Permit: No Special Permits will be granted in the Comervation Zone. Prohibited Uses: The following uses are specifically prohibited within the Conservation Zone: (1) All of the Prohibited Uses listed ka Section 3(c)(iii) of this Watershed Protection Di~tdct Bylaw are prohibited in the Non-Discharge Zone. (2) Any activities whi~ cause a change in topography or grade; (3) Veg~fion removal or cutting, other than in connection with existing agricultural uses or maint~ance of an existing landscape area; (4) Construction or placement of any new permanent structures; (5) Any surface or subsurface drainage, including, but not limited to, stormwater runoff, (6) Animal feedlots or the storage of manure; (7) (8) (9) 00) Comhuetion of any septic system Construction of any accessory structure or expansion of an existing structure by twenty-five (25) percent or more of the gross floor area of the existing structure. The uae, or method of application of; any lawn care' or garden product (fertili?~r, pesticide, herbicide) that may contribute tO the degradation of the public water supply. The use of lawn care or garden products that are not organic or slow- rdease nitroger~ The above prohibitions shall not apply to any activities undertaken by the Division of Public Works within its authority or to work completed in conjunction with the construction of the municipal sewer system. (1994/1STM) 60 ]1 II 11 }1 Il ! ! i I I I i ! I I I I I I i i I I I I I I .~pecial Permit Requiremevtg N-me (9) copies of an application for a Special Permit under this Section shall be filed with the SPGA~ Special Permits shall be granted if the SPGA detemfines that the intent of the Bylaw, as well as its specific criteria, are met. In ~ such determination 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 (1) copy of each to the Division of Public Works, Fire Chief; Title III Committee, Division of Planning and Community Development, Conservation Commission, the Board of Health, and the Watershed Council for their written recommendations. Failure to respond in writing within thirty 00) days shall indicate approval or no desire to comment by said agency. An application for a Special Permit under this Section shall include the following informatiOn: i. Application Form for a Special Permit ~om the Planning Board. Map on a scale of one (1) inch equals forty (40) feet prepared by a Registered Professional Engineer or Surveyor showing: the annual ~ high water mark of Lake Cochichewick (if annual mean high water mark is within four hundred (400) feet of any proposed activity, (2) the edge of all wetland resource areas, as confirmed by the Conservation Commission (if edge of wetland resource area is within four hundred (400) feet of any proposed activity), (3) the conservation zone, (4) the non-disturbance zone, (5) the non-discharge zone, (6) the edge ofvegetafion cleating (edge ofwork). Written certification by a Registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology 61 iv. and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick Proof that there is no reasonable-alternative location outside the Non- Distufoance and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge, .~hacture, or a~'vity, associated with the proposed use to occur. 0994/38) Evidence of approval by the Mass. Dept. of Environmental Protection (DEP) of any industrial waste water treatm~ or disposal system or any waste water treatment of system fifteen thousand (15,000) gallons per day capacity. Evidence that all on-site operations inck~dlng~ but not limited to, construction, waste water disposal, feOili~,er applications and septic systems will not create concentrations of Nitrogen in groundwater, greater than the Federal limit at the downgradient property botmdary. Projections of downgradient concentrations of nitrogen, Phosphorus and other relevant chemicals at property boundaries and other locations deemed pertinent by the SPGA. 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 hydrologist when in its judgement the complexity of the proposed work warrants the relevant specified expertise. Special Permits under this Section shall be granted only if the SPGA determines, after the time of 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_ Any Special Permit issued under this Section for a new permanent structure (other than an accessory structure or expansion that is less than twenty five (25%) of the gross floor area of a structure) or a septic system shall require that such structure or system be constructed outside the Non-Distufoance Buffer Zone. Within the Non-Disturbance Zone and Non-Discharge Buffer Zone, any runoff fi-om impervious surfaces 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 bet-fas, or restoring wetlands, shall be used only where other 62 I I I I methods are not feasible and after approval by the Board of Health, BOding Inspector and the Division of Public Works to assure that the methods used for on site infiltration and/or Other measures shall remain effective. Provisions shall be made to protect against toxic or hazardous material discharge or loss 'resulting from corrosion, accidental damage, spillage or vandalism through measures such as spill control provisions in the vicinity of chemical or fur 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 structure a closed vapor system shall be provided for each structure to prevent discharge or contaminated condensate into the groundwater. For any toxic or ha?~dous waste to be produced in quantities greater than those mated with nom~ household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with M.G.L. Chapter 21C. 5. EmerRencies 1) The Planning Board may issue an emergency special permit, subject to the subsequent consideration and determination by the Planning Board and upon the following findings: a) the work proposed is deemed necessary for the protection of the quantity of quality of the water in or entering Lake Cochichewick, and b) the proposed work must be undertaken before the regular special permit application processed could be completed. 2) A request for an emergency special permit shall be made in writing to the Planning Board and shall include the following: a) a statement as to why the emergency work is necessary to protect the quality and/Or quantity of water in and/or entering Lake Cochichewick, and, b) a statement as to why the emergency work must be undertaken before the completion of the regular special permit application process, and c) a statement describing in detail the proposed work to remedy the emergency situation. 3) All information required by Section 4/136(4) Special Permit Requirements must also be submitted with the application; provided however, that if all the required information or documents are not available due to the emergency nature of the situation, the applicant may request a waiver or delay regarding the submittal of the unavailable infommfion or documents. 4) Authorized emergency work must be performed within 60 days of the issuance of the emergency special permit. Any work which is not completed within this 60 day period 63 i requires compliance with the regular special permit application procedures set forth in section 4:136.4 and renumbering Violations 4.136(6) and Severability 4.136(7). 6.' Violations Written Notice of any violation of this Bylaw sl~li be provided by the SPGA agent to the owner of the premises specifying the na.~re 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 SI>GA shall notif7 the Building hspector of any violations of the Schedule of compliance or of any failure to satisfy the requirements of this paragraph. 7. Sever~bili~ In any portion, sentence, clause or phase of this regulation shall be held invalid for any reason, the remainder of this Bylaw shall coffdmle in full force. (Section 4.136 rewritten and reorganized .at the May 1, 1995 Annual Town Meeting, Article 38) 4.137Flood Plain District (1993/39) 4.137 Flood Plain District The Flood Plain District is herein established as an overlay cli~hict. The underlying perniitted uses are allowed provided that they meet the Massachusetts State Building Code, Section 2102, "Flood ~ Construction" and any other applicable local, state or federal requirements. The Flood Plain District includes all special flood hazard areas designated as Zone A, AE, AH, AO, and A99 on the North Ar<lover Flood Insurance Rate Maps (FIRM), and the Flood Boundary and Floodway Maps, dated lune 2, 1993 on file with the Town Clerk, Planning Board, Conservation Commission, and Building Inspector. These maps, as well as the accompanying North Andover Flood Insurance Study, are incorporated herein by reference. Purpose: The purposes of the Flood Plain D~stria are: a. Ensure public ~ through reducing the threats to life and personal injury. b. Eliminate new ba~'ards to emergency response offidals; c. Prevent the occurrence of public emergencies resulting fi.om water q, ality, contamin_a_6on, and pollution due to flooding; l 64 I ! i ! I I I i I I ! ! 1 I I I I I 4:. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding Eliminate costs associated with the response and cleanup of flooding conditions; Reduce damage to public and private property resulting from flooding waters. Base Flood Elevation and Floodway Data Floodway Data. In Zone A, AH, AO, A99, and AE, along watercourses that [nave not had a regulatory floodway designated, the best available Federal, State, local or other floodway data as determined by the Building Inspector, in consultation with the Division of the Department of Public Works, shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. Base Flood ~evation Data. Ba~e flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whicheVer is the lesser, within unnumbered A zones. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps may be determined to be outside the flood plain district by the Building Inspector, in consultation with the Division of Public Works, ff an accurate topographic and property line survey of the area conducted by a registered professional engineer or land surveyor shows that the flood plain contour elevation does not occur in any area of proposed buildings, structures, improvements, excavation, filling paving or other work activity. The person requesting the determination shall provide any other information deemed necessary by the Building Inspector of the Division of Public Works to make that determination. If the Building Inspector, in consultation with the Division of Public Works, determines that the Flood Insurance Rate Maps are in error, the subject area shall'not be regulated as occurring within the Flood Plain District, and any such determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall prohibit the Conservation Commission, Board of Health, or other Town officials or Board fi-om making non-zoning determinations Of the flood plain or performing their orificial duties. Notification of Watercourse Alteration: If a landowner or project proponent proposes to alter or relocate any watercourse, that person shall notify the following parties and provide evidence of such notification to every Town Board or official who has jurisdiction over such alteration or relocation prior to or at the time of applying for any approval that is required to perform such alteration or relocation: Adjacent Communities I e NFIP State Coordinator Massachusetts Office of Water Resources 100 Cambri~e Street Boston, MA 02202 NFIP Program Spedalist FEMA Region I, Rnt 462 iW. McCormack Post Office & Courthouse Boston, MA 02109 Existing Regulations: All development in the District including sUuctural and n°n-stmctural activities whether permitted by right or by special permit must be in compliance with the following: Section of the Massachusetts State Building Code which addresses floodplain and costal high hazard areas (currently 780 CMR 2102.0, "Flood Resistant Cor~haction"); Wetlands Protection Regulations,. Depamuent of Environmental Protection (DEP) (ctm-ently 310 .CMR 10.00); Inland Wetlands Re~ulction, DEP (cummfly 302 CMR 6.00); IV[mimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); Any .variances ii'om the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state-regu!ations. Development Regulations: Notwithstanding the provisions of Section 3.B of this By-law, within Zone A of the Flood Plain Dishict, where base flood elevation is not provided on the FIRM, the applicant shall obtain any ex/sting base flood elevation d_a~a and it shall be reviewed by the Building Inspector, in conjunction with the'Dix~on of Public Works, for its reaso~ahle ufili?ation toward meeting the elevation or flood-proofing requirements, as appropriate, of the State Building Code. In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply: .All encroachments, including fall, new commucfion, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the i00 year flood and the Building Inspector, in conjunction with the Director of the Division of Public Works, concurs with such certification. Any encroachment meeting the above standard' shall comply with the floodplain requirements of the State Building Code. All preliminary and definitive subdivision plans fried in accordance with G.L. Chapter 41, Section 81S and 81T, respectively shall be designed so that: 66 I I I I I I i tt I ,I i I I I I I i such proposals minimize flood damage; all public utilities and facilities are located and constructed to minimize or diminate flood dmnage; and adeq-ste drai~§e is provided to reduce exposure to flood hazards. 7. Permitted Uses 4.2 The following uses on low flood damage potential and causing no ob~imcfions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment: Agricultural uses such as farming, grazing, track farming, ho~icuiture, etc. Forestry and nursery uses. · Outdoor recreational uses, including fishing, 'boating, play areas, etc. Conservation of water, plants, wildlife. grddlife management areas, foot bicycle and/or horse paths. Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. Buildings lawfially existing prior to the adoption of these provisiom. Phased Development Bylaw Building permits for the construction of single family or two family dwellings in a subdivision or on contiguous Form A lots held in common or related ownership on the effective date of the provision shall not be granted at a rate greater than as permitted by the following: a) For lots covered by both Section 8.7 of the Zoning Bylaw and this Section 4.2, the eligibility for building permits shall be determined only by the provisions of Section 8.7. b) For lots not covered by Section 8.7, building pemms may be granted per the schedule shown below. A year will mn from the anniversary date as defined in paragraph 5 bdow, to the same date inn subsequent years. No. of Lots 1Wm. Yrs of Development Max. Lots Devdoped/Yr 1-6 7-20 21-34 35-50 51-75 76-125 1 2 3 4 5 6 67 All 50% of total 33% of total 25% of total 20% of total 16.7% of total I 12~+ 7 14.3& of total Lots can be sold any time for the construction of dwellings intbe designated future years. However, any lots covered by this provision hereafter sold or otherwise transferred to another owner, shall indudu in the deed, the earliest date of which construction may be commenced in accordance with these provisions. ff there is a proposed subdivision with any lots that are within 500 feet of lots in another subdivision held by common or related owne~hip, then both subdivisions shall be construed to be a single subdivision for the purposes of this Bylaw. Lot lines for Form A lots shall be de, fined when the Form A lots have been approved by the Planning Board. Subsequent changes in the shape or ownership of lots shall not render the provisions of this Bylaw void. The anniversary, date of each subdivision or. contiguous Fom~ A l® under this provision shall be no earlier than the .date on which all required approvals required for a building permit have been obtained (e.g. planning Board endorsement of Definitive Plan, BOard of Health approval, Conservation Commission approval, etc). 'Notwithstanding any prior statements to the contrary, the maximum number of building permits to be issued and outstanding at any time for lots in each subdivision and contiguous Form A lots covered by this provision shall be limited to twice the allowed annual maximum permitted for that project' under the provisions of this Bylaw. Allowed buildLng permits in succeeding years shall be limited to less than th~ permitted maximum, if necessary, to insure that this cap is not exceeded. The Planning Board, in conjunction with the Building Inspector,. shall be responsible for administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and publish reasonable regulations for carrying out its duties under this sect/oiL In particular, these regulations should address the conditions and processes for authorizing building permits on an annual basis. The invalidity of one or more provision or clauses of this section shall not invalidate or impair the section as a whole or any other part thereof. (1986/13) SECTION 5 EARTH MATERIALS REMOVAL 5.1 General Excavation, removal, stripping, or mining of any earth medal except as hereinafter permitted on any parcel of land, public or private, in North Andover, is prohibited. 6.8 I I ,I I [ I I ! I I. I 1 I I I I 5.2 1. 2. Exclusive jurisdiction to issue Earth Removal Permits shall be with the Board except for Permits allowed in Paragraph 5.6 and 5.6. The Board or Building Inspector shall have the authority to issue an Operating Hours Extension Pemtit, as defined in Subsection 5.2 The Building Inspector shall have the authority to enforce all conditions of any Permit issued under this Section on .the Zoning Bylaw. All earth removal operations in existence in North Andover on the effective date of this section shall be subject to the requirements stated herein. However, all Earth Removal Permits issued prior to the effective date of this Section shall remain in effect tmtil their expiration date and/or annual review. At such time, said OlXXation b_all be subject to the provisions of this Section, unless otherwise allowed by the Board, for a period not to exceed six (6) months. An annual fee of one hundred dollars ($100.00) shall be required for Earth Removal Permits. 1W~scellaneous Earth .Removal Permits fl;mM require an annual fee of twenty-five dollars (*25.00). Violation of this Section of the Zoning Bylaw, notwithstanding the provisions of Section 10.13, imposes a penalty of fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second and each subsequent offense. Each day of operation in violation of this section will be considered a separate offense. Any sanitary landfill operated by the Town of North Andover shall be exempt from the provisions of this Section. Definitions Applicant: the owner, or prospective owner by reason of a Purchase and Sales Agreement, of the land shown by the plan submitted with the Earth Removal Permit Application. Earth Materials: "earth materials" shall include soil, loam, sand, gravel, day, peat rock, or other allied products. Earth Removal Operations: the excavation, removal, stripping, or mining of any earth material on any site within the Town of North Andover. OPerating Hours Extension Permit: A permit issued by the Board or the Building Inspector for an extension of the time of operation for tracking tiom the site until 9:00 p:m. Board: Zoning Board of Appeals. 69 Permit: The word "Permit" in the Earth Removal Section shall mean and include a Special Permit for earth removal as issued by the Special Pennit Granting Authority. 5.3 1. Application for Earth Removal Penuit All applicants for Earth Removal Pecuiits mst submit seven (7) copies of the following information concerning the proposed site of the removal operation to the Board thirty 00) days prior to submission of an application for an Earth Removal Permit. The Board shall distribute the information to the Planning Board, Building Inspector, conservation Comn~ion, Board of Health, Highway Department, and Police Department, so that recommendations from these departments' may be submitted for the required public heating. ]1 ]1 A plan or plans to scale, (1'=40' prepared and stamped by a Registered Engineer, showing the property line of the parcel of land under consideration along with all abutters to the property existing and final contours in five foot (5~) devation in increments, exia~ng and proposed final drainage of the site, including aH culve~ su'eams, ponds, swamps, and siltation basins, means of entrance and egress from the property, locus map, and any other pertinent data. deemed necessary by the Board. A plan, study, or report showing the proposed ultimate use of the land confomdng with the .existing Zoning Bylaw. Proper planning for future land use shall be a prime consideration' affecting the issuance of an Earth Removal Pamit. A complete list of the names and addresses of current abutters of the propemj where such removal is proposed. An operating schedule showing the active area (not to exceed five~(5) acres) where the earth removal will begin and also how the total parcel will be developed in progressive five (5) acre increments, 5.4 1. Permits for Earth Removal The Board may issue Earth Removal Permits for any zoning district, complete with conditiolls imposed, for areas not to exceed forty (40) acres. All Permits shall conform to the minimum restoration and operating standards contained herein and such other conditions as the Board may deem necessary. Said permit shall allow the working of only five (5) acres at any one time. Upon completion of the earth removal operation on a five (5) acre parcel, or a part thereof~ and substantial restoration of said parcel as determined by the Board, according to the restoration standards at the Permit conditions, application may then be made to the Board for a Permit renewal. Such Permit renewal shall allow the removal of earth on another five (5) acre section, 7O I 5.5 1. as shown by the operating schedule submitted with the P~fmit applicafiort This procedure shall be followed until the operation is completed. The permit shall be considered a non-transferable revocable Permit to remove earth materials. ffk is found that incorrect information was submitted in.the application, or that conditions of the Permit are I~emg violated, or that the governing regulations are not being followed,, the Permit shall be suspended until all provisions have been met and the premiss made to conform Failure of the Permit holder to comply within the time specified by the Board for correction of violations shall cause the Permit to be revoked, forfeiture of the security to the Town, and the imposition of all lines as set forth in Paragraph 5.1(2). The Board shall discuss and review the permit periodically, and at a minimum, annually. Written progress reports showing conformance with regulations and Permit conditions shall be submitted to the Board by the Building Inspector or his designated agent every three (3) months. An Earth Removal Permit shall not be in effect anti the applicant has filed the proper security as required in Parag~h 5.9, paid the required fees as required by Paragraph 5.1(6), and recorded the Special Pemfit at the Registry of Deeds. Mechanical crashing and screening may be permitted by the Board after a public hearing with due notice given. Earth Removal Incidental to Development, Construction or Improvements This regulation shall be deemed'not to prohibk the removal of such sod, loam~ soil, day, sand, gravel, or stone as may be required to be excavated for the purpose of constructing ways in accordance with lines and grades approved by the planning Board, or for the purpose of constructing underground utilities. Where soil is to be removed in connection with the preparation of a specitic site for building, removal may take place only al[er the issuance of a building permit by the Building Inspector. Removal will be .allowed only from the area for the building, driveways, parking areas, and from areas where removal is specifically required by the Board of Health in connection with disposal systems. Where special ch:cumstances exist requiting general regrading, removal of peat, etc., the builder may file a plan and request for an additional soil removal permit with the Building Inspector as provided in Paragraph 5.6 below. Where excavation, removal, stripping or mining of earth on any parcel of land, public or private, is made necessary by order of any other Board or Agency of the Town, such excavation, removal, stripping or mining, if in excess of one-thousand (1,000) cubic yards shall be governed by the provisions of Section 5.6 of this Bylaw. 71 i Excavation, removal, stripping or mining of earth inddental to i,,~rovements shall be governed by the provisions of Section 5.6 of this Bylaw. All earth removal, excavation, sUipping or mixaing as allowed under this paragraph shall be governed by the provisions of Section 5.6 of this Bylaw. 5.6 Miscellaneous Removal of Earth Excavation, removal, stripping, or mining of miscellaneous mounts of earth as allowed under Section 5.5 is permitted provided the excavation, removal, stripping or mining is necessary for the improvements of development of the property on which the excavation or removal takes place. Excavation, removal, sUipping or mining of aggregate quantities of less than fif~ (50) cubic yards on any one general site requires no formal approval. Where the excavation, removal, stripping, or mining of soil is on quantities in excess of fifty (50) cubic yards but less than one-thousand (1,000) .cubic yards, application nmst be made to the Building Inspector for a lVfisceHaneous Soil Removal Permit. Where special drounstmees exist which requires the excavation, removal, stripping, or mirfin__g of soil in excess of one-thousand (1,000) cubic yards, but less than five-thousand (5,000) cubic yards, a Permit may be granted by the Board for such removal without a public hearing. However, where the excavation, removal, stripping, or mining exca~eds five-thousand (5,000) cubic yards, then a public heating will be necessary and the Permit granted shall indicate the approximate quantity of soil to be removed, the purpose of' removal, and the location of the site of removal. The Permit shall also specif~ that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appropriate section of Paragraph 5.7 (Operating Standards). it is timber provided that except where removal under this paragraph is done in connection with the formation or enlargement of' a pond, excavation shall not be permitted below the mean ~ade of the street or road serving the property. The excavation of said pond in any event shall not be such as to change the direction or flow of a water course or to cause surface water to gather as a sump or swale. Excavations for burying large rocks and stumps shall immediately be back filled for safe~, reasons. Faihxre to meet the requirements of this Paragraph shall be deemed a violation of this Zoning Bylaw. 5.7 Operation Standards l. Time of Operation I! l! ill ]i Excavation and site maintenance may be carried on fi'om 6:30 a.m. until 7:30 p.m., Monday through Saturday. 72 '1 ,1 I I I I i I i ! I I 1 I I Trucking bom the site may be carried on from 7:00 a_m through 6:00 p.m, Monday through Saturday. An Operating Hours Extension Permit for tracking until 9;00 p.m. for no more than three (3) consecutive days may be granted by the Building Inspector after reviewing conditions of the application- Said application shall show reason for extension of time, distance of hauling and approximate cubic yards to be hauled. Site Preparation Only the active area described in the Permit application may be made ready for earth removal No standing trees are to be bulldozed over, or slashed and bulldozed into piles. All trees must be cut dowr~ All wood and brush must be piled for removal or chipping. Wood chips may remain on the site. no trees are to be buried on the site. Stumps shall i~ buried in predesignated areas as shown on application plans. d. Any change in stump burial must be submitted to the Board of approval. Topsoil Storage All topsoil removed fi-om the active removal area shall be piled for future site restoration. No topsoil shall be removed fi-om the site until all areas have been restored and permission has been granted by the Board. ' Erosion Control Prior to any excavation or earth removal, adequate siltation basins shall be constructed to prevent the runroffofsitted water fi-om the site. All excavation ~11 be done so as to create contours to channel'm-off waters into the siltation basins. No siltation basin shall exceed seven (7) feet in depth. 73 5' Siltation basins must be cleaned when sediment deposits are within eighteen (18) inches of the oulfall invert. Dust Control No earth removal opeamion shall create exCeSsive amounts of dust or allow roads leading into or from a site to become excessively dust producing. Proper dust couh-ol methods shall be approved by the Building Inspector. Excavation Near Brooks bo No excavation shall be made which will alter the natmal way of existing elevation of a brook, m'esm, or dyer. All banks of brooks, streams, an~l rivers shall be recoflsmscted to be aesthetically attractive and of suflident height to prevent abutting properties from flooding. Said bank height slaa_!l be computed, for a fifl3r (50) year stems for all brooks, streams, and rivers up to right (8) feet in width and two (2) feet in dePth; and for a one-hundred (100) year storm for all brooks, streams, and rivers which exceed this size. Site Screening ao An immediate program of site screening ~all start when site preparation begins. All entrances shall be screened with existing vegetation, evergreem, or other suitable natural methods, so as to prevent a direct view into the earth removal area. Co All areas within fifty (50) feet of a travded way or abuttin4~ property lines shall be reforested immediately upon completion of the earth removal operation of that aret Said reforestation shall be done in accordance with the North Andover Tree Department. A minimum of one-hundred-fifty (150) trees pe acre shall be used for this reforestation. Areas which are to be used for agricultural purposes at, er earth removal opeaafions are completed may be reforested in the following manner: Trees shall be planted twenty-five (25) feet deep fi-om the mad or pmp4my line. 74 "11 11 Ii 11 11 I 1 I I ,1 I I I l I I I I I I I I I I The remaining area shall immediately be planted with grass or other suitable agricultural planting material. Access Roads All access roads shall be level with intersecting streets for a distance of sixty (60) feet. b. A STOP sign shall be in~alled so as to wam any vehicle entering onto a Town street. All access roads shall be equipped with a suitable locking gate to prevent unauthorized entl'y. 9. Site Maintenance a. No open face excavation shall exceed twenty-five (25) feet in height. b. No excavation,shall be closer than ~l~een (15) feet to a property line. c. No' slope shall exceed a two (2) foot horizontal to a one (1) foot vertical (2:1) grade. I0. Temporaay BuildingS Il. All teraporary structures shall be specified in the Special permit application and shown on the Plan. Any structure erected on the premises for use by personnel or storage of equipment shall be located at least forty (40) feet from any existing roadway and at least thirty (30) feet from any lot line. Any temporary structure will.be removed no later than ninety (90) days ~er the expkation date of the permit. Mechanical Crashing and Screening a. All crushing and screening Permits shall be granted for a period not to exceed six (6) months. Said Permits shall be granted as a cleanup procedure only, Washing of processed material will not be allowed. 75 1 5,8 1. Operation of crushing or screening equipment shall be from 7:30 a. rr[ until 5:00 p.m., Monday through Friday. All crushing and screening equipment shall be equipped with suitable dust and noise control devices. Restoration Standards All restoration must be completed within sixty (60) days after the termination of an Earth Removal Permit or by the first of June if the Permit tenninates between December first through March thirty-first. No slope shall be lef~ with a grade steeper than a two (2) foot horizontal to a one (1). foot vertical (2:1). All siltation basins s.hall be filled with earth, and a natural drainage-pattern must be re-established. No area upon the site which ~ collect water shall remain unless approval is granted by the Board or unless the area was shown on the original application plan~, All topsoil which was on the site prior to earth removal operations shall be replaced to a minimum depth of six (6) inches on all distmbed areas. Sites that had less than six (6) inches of topsoil shall be restored with a minimum of four (4) inches over thc entire area~ Seeding - The entire area shall be seeded with grass or legume which contains at least sixty percent (60%) perennials. The planted area shall be protected from erosion during the establishment period using good conservation practices. Areas which washout are to be repaired immediately. Reforestation - Ail areas which are disturbed in the earth removal operation shall be reforested with fitb/percent (50°/6) coniferous and fifty percent (50%) deddous trees planted at the rate ofone hundred fffiy (150) trees per acre. All trees used are to be a minimum of two (2) year transplants. Said planting shall be in accordance with the recommendations of the North Andover Tree Department. Areas which are to be used for agriculture purposes at, er earth removal operations are completed may be reforested in the following manner: a. Trees shall be planted twenty-five (25) feet deep from a public road or property line. bo The remaining area shall imm~ately be planted with grass': or other suitable agricultural planting material. Permits issued by the Building Inspector for soil removal incidental to construction or for special purposes are exempt from reforestation paragraph. I ,! I I I ! I I I I I I I I I I .Within ninety (90) days of completion of operations, all equipment, accessory buildings, structures, and unsightly evidence of operatiOn shall be removed fi'om the premises. 5.9 Security Requirements There must be filed with the Town Treasurer, a continuous bond or dePOsit of money in the minimum amount of One-thousand dollars ($1,000) per acre to be excavated, and shall be of a sufficient amount to cover ten (10) acres, or the total parcel, whichever is smaller, as determined by and satisfa~ory to the Board. After completion of the total project, and at the applicant's written request, the Board may grant a partial release of any security posted by the applicant. One (I) year after such a partial release is granted and if in the opinion of the Board, no damage or deterioration to the finished project has devdoped, the Board will issue a final release of the security, If; during the year following the date of a partial release, slumping gullying, erosion, or any other unsatiffaetory condition appears, the applicant shall be res~ ponm~ole for, and shall make any necessary repairs, before final rdease or s.~ty is granted. The bonding agent shall be required to give the Board of Appeals, by Registered or Certified mail, a sixty (60) day notice prior to any termination or cancellation of the bond. SECTION 6 SIGNS AND SIGN LIGHTING REGUI~TIONS 6.1 Authority and Interpretation This Bylaw is adopted~ as a General Bylaw pursuant to Chapter 93, Section 29-33, inclusive, as amended, and a Zoning Bylaw pursuant to Chapter 40-A, as amended of the General Laws of the Commonwealth of Massachusetts. This Bylaw is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interests and purposes defined in Section 6.2 of this Bylaw. 6.2 Purposes The regulation and restriction of signs within the Town of North Andover in order to protect and enhance the visual environment of the Town for purposes of safety, convenience, information, and welfare of its residents. The restricting of signs and lights which overload the public's capacity to'receive information, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. 77 6.3 1. To encourage signage and fighting which aid cg. mmuaication, orientation, identify activities, express local history and character, serve educational purposes for the public good. The reduction of visual and informational conflict among private signs and lighting and between the private and public information systems. Definitions Accessory Sign - A sign that advertises activities, goods, products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. Building Frontage - The length in feet of a ground floor level of a building from or side facing a street (or facing a right-of-way accessible from a street) that is oCCUpied by an individual business. Dimensional Sign - ~ non-accessory sign containing no advertising and giving directiOn to community (non-commercial) activities, buildings, areas, such as churches, schools, · playgrounds, muscures, historical sites, public buildings, etc, Sign not to exceed t2"x30". Display Window Signs - Temporary signs on the surface'of or inside display windows, lighted only by the general building illumination. Erect .- Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, and post. 6. Flagpole - A pole erected on a roof; or projecting from a building or structure or on the ground. ' 10. Freestanding Sign - Shall mean and include any sign not attached to a building or the ground. Ground Sign - Any sign erected on the ground which is serf-supported and anchored to the ground. Illuminated Sign - Illuminated sign shah mean any sign illuminated by electricity, or other artificial light including reflective or phosphorescent light and shall include location of source of illUminatiOn. Marquee - Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roofofa building. 78 11 II I I I I ilr I i I' I I 11. 12. 13. 1.4. 15. 16. 17. 18. 19. Non-Accessory Sign - Any sign that is not an accessory sign~ Obscene - shall have the meardng as that. term is defined in Massachusetts General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, section defines "obscene" as follows: appeals to the prudent interest of the aVerage person applying the contemporary standards of the county where the offense was committed; 2. depicts or describes sexual conduct in a potentially offensive way; and 3. lacks serious literary, artistic, or political or scientific value. Permanent Sign - Any sign permitted to be erected and maintained for more than sixty (60) days. Primary Sign - The principal accessory sign which may be a wall, roof; or ground sign, as allowed in Section 6.6. Projecting Sign - Any sign which is attached or suspended bom a building or other structure and any part of which projects more than twelve (12) inches fi.om the wall surface of that portion of the building or structure. Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire 'support on the roof or roof structure. Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a primary sign but smaller dimensions and lettering, as allowed in Section 6.6. Sign - A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen fi.om outside the lot on which it is erected. It 'advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services, or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays or merchandise. A sign may be permanent or temporary. Sign Size (Area) - The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or 79 20. other figures}, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed..Structural members bearing no sign copy shall not be included. Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet. 6.4 Administration and Enforcement Enforcement - The Building Inspector is hereby designated as the Sign Officer and is hereby charged with the enforcement of this Bylaw. The Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign. The Sign Offic. er is. further authorized, upon notice as herein provided, to order the repair or removal 'of any sign which in his judgment is a prohibited non-accessory si~t,n, or is likely to become dangerous, unsafe, or in disrepair, or which is erected or maintained contrary to this Bylaw. The Sign Officer shall serve a Written notice and order upon the owner of record of the premises where the sign is located and any advertiser, tenant, or other persons lmo~n to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thirty 00) days at'cer giving such notice, ff such notice and order is not obeyed within such period of time, the Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said sign is erected or maintained and repair or remove, or cause to be repaired or removed, said sign. All expenses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and shall be recoverable in any court of competent jurisdiction if not paid within thirty 00) days after written notice of assessment is given by the Sign Officer at any such person. Pea'mits: a. No permanent sign shall be erected, enlarged, or structurally altered without a sign peru,it issued by the Building Inspector. Permits shall only be issued for signs in conformance with this Bylaw. Permit applications shall be accompanied by two (2) prints of scale drawings of the sign, supporting structure and location.. A copy of any relevant special permit shall also accompany the applicatiom All ground or roof signs shall be registered and identified as required by Section 1407.0 of the State Building Code. 80 I I I I I .i I I i I i I I I i I I I I 6.5 1. 2. 3. 4. 5. 6. 7. 8. Notwithstanding anything to the contrary in this Bylaw, any permanent sign authorized under this Bylaw may contain any otherwise lawful, non-commercial message which does not direct attention to a business or to a service or commodity for sale in lieu of any message or content described in the applicable regulation. Non-conformance of Accessory Signs: Any non-conforming sign legally erected prior to the adoption of this provision, may be continued and maintained. Any sign rendered non-conforming through change or termination of activities On the premises shall be removed within thirty (30) days of order by the Building Inspector. No existing sign shall be enlarged, reworded, redesigned, or altered in any way unless it conforms to the provisions contained herein. Any sign which has been destroyed or damaged to the extent that the cost of repair or restoration will exceed one-third (1/3) of the replacement value as of the date of destruction shall not be repaired, rebuilt, restored or altered unless in conformity of this Bylaw. Street Banners or Signs - Street banners or signs advertising a public or charitable entertainment or event, by Special Permit from the Board of Selectmen. Such a sign shall be removed within seven (7) days at, er the event. Prohibitions:- No sign shall be lighted, except by steady, stationary light, shielded and directed solely at the sign. Internally lit signs are not allowed. No illumination shall be permitted which casts glare omo any residential premises Or onto any portion ora way so as to create a traffic hazard. No sign shall be illuminated in any residential district between the hours of 12:00 midnight and 6:00 a.m. unless indicating time or temperature or an establishment open to the public during those hours. No sign having red or green lights shall be erected within sight of a traffic signal Unless approved as non, hazardous by the Chief of Police. No-animated, revolving, flashing, or exterior neon sign shall be permitted. No pennants, streamers, advertising flags, spinners or similar devices shall be permitted, except as allowed by the board of Selectmen. Corner visibility shall not be obstructed. No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole. ll. 12. 13. 14. 6.6 A. No sign shall be erected, displayed, or maintained if it contains any obscene matter. Flags and 'insignia of any Government when displayed in connection with commercial promotioa No sign shall obstruct any means of egress from a building. Projecting si~ns are prohibited. Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6, B. No signs shall be attached' to motor vehicles, trailers or other movable objects regularly or recurreafly located for fixed display. Permitted Signs (Fee. Required) Residence District - Accessory Signs - The following signs are allowed in a residence district as well as all other districts. Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed, in total area, more than tea percent (10%) of the area of the dimensional elevation of the building as determined by the building frontage multiplied by the floor to ceiling height of the individual business or aa specified in applicable sections of the by-law. One (1) sign, either attached or ground indicating only the name of the owner or occupant, street number and permitted uses or occupations engaged in thereon, not to exceed two (2) square, feet in area. Such sign may include identification of any accessory professional office, home occupation, or other accessory uses permitted in a residence district. Ground signs shall be set back a minimum often (10) feet fi-om all property lines and a minimum of forty (40) feet from all residential districts or structures. One (1) sign oriented to each street 9n which the premises has access, either attached or ground, pertaining to an apartment development or a permitted non-residential principal use of the premises, such sign not to exceed ten (10) square feet in area. One (1) unlighted contractor's sign, not exceeding twenty-five (25) square feet in area, maintained on the premises while construction is in process and containing information relevant to the project. Such sign shall be removed promptly after completion of the construction. B2 ]1 ]1 11 i I i I I I ! ! ,I I I I I I I I I I I .6. (a) One (1) unlighted identification sign at each public entrance to a subdivision not exceeding twelve (12) square feet in area; to be removed when the subdivision roadway is accepted by the Town. GrOund signs shall be set back a minimum of ten (10) feet from all property lines and a minimum of forty (40) feet from all residential districts or structures. Off-premises Signs: Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services or activities on the premises shall be allowed, except that an. off-premises directional sign, designating the route to an establishment not on the street to which the sign is oriented, may be erected and maintained within the public fight-of-way at any intersection if authorized by the Board of Selectmen or on private property if granted a spec/al permit by the Board if Appeals. Such sign shall be authorized only upon the authorizing agency's determination that such sign -will promote the public interest, will not endanger the public safety and will be of such size, location and design as will not be detrimental to the neighborhood. At locations where directions to .more than one (J) establishment are to be provided, all such directional information shall be incorporated into a single structure. All such directional signs shall be unlighted, and each shall be not over four (4) square feet in area. Temporary Signs: Temporary signs shall be allowed as provided below, and provided that they comply with the following: Unless otherwise specified in the Bylaw, temporary signs must comply with all applicable requirements for permanent signs, including issuance ora sign permit. Temporary signs, of not mOre than twelve (12) square feet in area, erected for a charitable or religious .cause; requires no sign permit and is 'to be removed within thirty (30) days of erectiom The Building Inspector shall maintain placement controls. One (1) temporary unlighted real estate sign advertising the sale, rental or lease of the premises or ,subdivision on which it is erected to be not larger than six (6) square feet; requires no sign' permit if the erecting agent has .obtained a one year permit for erecting such sign. (Such sign) to be removed fourteen (14) days after sale, ' rental or lease. One (1) temporary unlighted sign not larger than twenty-five (25) square feet indicating the name and address of the parties involved in construction on the premises. Temporary signs not .meeting requirements for peniianent signs may advertise sales, spedal events, or changes in the nature of an operation, but shall not otherwise be used to advertise a continuing or regularly recurring business operation and shall be removed promptly when the information they display is out of date. The sign(s) must be removed within thirty (30) days of erection. 83 ' TemPorary Si~.~ pertaining to a candidate or ballot question appearing on the ballot of an election duly called in the Town of North Andover shall require no sign,permit and shall be allowed in all zoning districts. Such signs permitted by this Bylaw: (a) shall 0nly be permitted on private property, (c) (d) shall not exceed six (6) square feet in area per sign and shall not eXceed in aggregate twenty-four (24) square feet in area per lot; shall not be higher than three (3) feet above ground level; shall be 'stationary and shall not be illuminated; shall be erected no sooner than thirty (30) days prior to the date of the election and shall be removed within three (3) .days after the election. Unless otherwise specified in this Bylaw, temporary sign~ pertaining to other non- commercial issues shall require no sign. permit and shall be allowed in all zoning districts. Such signs-shall be SUbject to the limitations set forth in subsection (5) (a)-(e) above. Identification Signs or entrance markers for a church, or synagogue shall not exceed a combined total of thirty (30) square feet and provided that there shall be no more than two (2) signs allowed on the premises. Notwithstanding any other provisions of this Bylaw, signs may be erected for posting land; example, no hunting, no trespassing, etc. Residence Districts: Non-accessory Signs - Directional s!gns by Special Permit from the Board of Selectmen, limited as follows: 1. Two (2) signs for each activity, not exceeding 6"x30" in size. 2. Ground signs not eXceeding eight (8) feet in height. Business and Industrial Districts: Accessory All signs perirfitted in residence districts as. provided in Section 6.6(A) and 6.6(B), except that temporary real estate signs may be as large as twenty-five (25) square feet. Each owner, lessee, or tenant shall be allowed a primary and a secondary sign. Said sign may be used as ground, wall, or roof signs. No lot shall be allowed to have more than one (1) ground sign structure. 84 [ I I I' I ,I I I I I I I iI ! i I ! Primary wall and roof signs attached to or pan of the architectural design of a building shall not exceed, in total area, more than'ten percent (10%) of the area of the dimensional elevation of the building as determined by the building frontage multiplied by the floor to ceiling height of the individual business or as specified in applicable sections of the by-law. One (1) permanent ground sign of not more than twenty-five (25) square feet in area and extending not more than eight (8) feet above ground level. Larger or taller signs may be allowed by Special Permit of the Board of Appeals, if said Board deteraines that the particular sign will not be incongrUous with the district in which it is to be located nor injurious to traffic and safety conditions therein. For premises having multiple occupants, a single sign, either attached or ground, identifying those occupants. The total area of attached signs including this one, shall not exceed ten percent (10~,/o) of wall area, and the area of any freestanding sign allowed under this paragraph shall not exceed twenty-five (25) square feet. Temporary unlighted, signs inside windows, occupying not more than twenty percent (20%) of the area of the window requkes no sign permit. No sign shall project more than one (1) foot over any public fight-of-way shall be covered by appropriate liability insurance as determined by the Building Inspector and verified by a certificate of insurance filed with the Town clerk. Service stations or garages may divide the allowed wall sign area into separate, Smaller wall signs indicating separate operations or departments. A freestanding ground identification sign offffiy (50) square feet with price sign incorporated is allowed. For active fuel dispensing Sendce StatiOns, with multiple tenants, on the same lot: One single free standing ground identification sign of 50 square feet is allowed, which is to include within the 50 square feet, the identification of the multiple tenants on this same lot. The Service Station identification / information shall be at least'60% (may be greater) of the total free standing ground sign. Pricing information, if advertised, to also be within the allotted square footage for service stations. The maximum height (including pylons) of this free standing ground sign shall be 16 feet from ground level. Building directories (if located outside)-may be affixed to the eXterior wall of a building at each public e.ntrance. Such direct°ry shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building. Traffic Control odentational and guidance signs located on private property, up to four (4) square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like. 85 Signs are permitted in residence districts, except that temporary real estate si~~ may be as large as ten (10) square feet. Signs attached to a building or its canopy, parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises, provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent (20%) of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred (200) square feet facing any single street. For any retailing complex comprising three (3) or more enterprises on a single lot and fifty thousand (50,000) square feet floor area or more, one (1) ground sign for each' street on which the development fronts, containing the name or other identification of the area occupied by- the comp. lex. Each sign shall be. no larger than one'hundred (100) square feet. Such sign shall not be located within ten (10) feet of any property line or the line of any way, and no part Of the sign shall be more than twenty (20) feet above the ground.level. Temporary, unlighted signs, inside windows, occupying riot moro than fifty percent (50%) of the area of the window requires no' sign pm'mit. Office Parks 11 .11 Signs as. permitted in residence districts, except that temporary real estate signs may be as large as ten (10) square feet. One (l)sign for each street upon which the premises has frontage, identifying a subdivision of lots for office' development. This sign shall be no greater than eight (8) feet in height and no larger than twenty (20) square feet in area except where the property fronts oa a high-speed, limited access highway, in which case a special exception may be granted for a larger sign if required for legibility. signs for individual properties or tenants shall be limited to a single sign no larger than three (3) square feet per tenant. Individual tenants must have Letter of Permission from property owner~ The Board of Appeals may grant a Special Pemfit for an exception for a larger area where this will not impair legibility of other signs or be incongruous with the surroundings, based upon consideration of the number of occupants and signs per' building, size of building and integration of sign and building design. Industrial Districts 86 Signs as permitted in residence districts, except that temporary real estate signs may be as large as twenty-five (25) square feet. Signs attached fiat against the wall or canopy of a building, or projecting notmore than six (6) feet above such wall, advertising the name of the firm or goods or services available or produced on the premises; provided that the total area of all such sighs does not exceed twenty percent (20%) of the area of the side of the building to which they are attached or two 'hundred (200) square feet, whichever is less. One (1) ground sign, containing the name or other identification of the use on the property, for each street on wNch the property 'fi'onts, each sign is limited to an area of one hundred (100) square feet. Such sign shall not be located closer than forty (40) feet to any property line or twenty (20) feet above ground level. Guidelines The following are further means by which the objectives for signs can be served. These guidelines are not mandatory, but degree of compliance with them shall be considered by the Board of Selectmen, Planning Board, Zoning Board of Appeals in acting upon special permits authorized by the Zoning Bylaws and by the Building Inspector in issuing a sign permit authorized under this Section of the Zoning Bylaw. Efficient Communication: Signs should not display brand names, symbols or slogans of nationally distributed products except in cases where the majority of the floor or lot on the premises is devoted t manufacture or sale or other processing of that specific product. Premises chiefly identified by a product name (such as a gasoline or auto brand) should devote some part of their pe~-i~fitted sign area to also displaying the identity of the local outlet. Signs should not contain selling slogans or other advertising which is not an integral part of the name or other identification of the enterprise. Sign content nom~dly should not occupy more than forty, percent (40%) of the sign background, whether a signboard or a building element. Signs should be simple, neat and avoid distracting elements, so that contents can be quickly and easily read. 87 Environmental Relationship Sign design should take into consideration the scale of the street to which the sign is oriented and the size, brightness, style, height, and colors of other signs in the vicinity. Sign brightness should not be excessive in relation to background' lighting levels, e.g., averaging not in excess of one hundred (100) footlamberts in the downtown or similarly bright areas and not in excess of twenty (20) footlamberts in unlighted outlying areas. Building Relationship Signs should be sized and located so as to not interrupt obscure or hide the continuity of columns, cornices, roof eaves, sill lines or other elements of building structure and where possible, should reflect and emphasize building structural form. Sign material, colors and lettering should be reflective of the character of the building to which the sign relates,. just as sign size should be related to building size. Clutter should be avoided by not using support brackets extending above the sign or guy wires and mm buckles. Landscaping, Buffering, Lighting In Shopping Cemers and Office Parks, landscaping shall be provided and maintained in accordance with planting approved by the Planning Board and incorporated as part of the plans on which the Special Permit of the Board of Appeals is based. In all industrial districts, landscaping shall be provided and maintained'in from yards and in side yards abutting public ways for aesthetic reasons to break up lines, of buildings and for screening accessory facilities under the requirements discussed beloW. Specifically, in all Industrial and Business Districts, landscape screemng shall be provided adjacent to: Abutting existing residential properties; and Abutting limited aCCess highways in addition to the landscaping in from and side yards mentioned above. Landscape screening shall consist of planting, including evergreens, the plantings to be of such height depth as is needed to screen adequately from view from abutting area any unshielded light source, either inside or outside. (Section 6 amended May 6, 1996 Annual Town Meeting, Article 21) ]1 tl I SECTION 7 DIME. NSIONAL REQIJIREMENTS 7.1 Lot Area I ~vfinimum lot areas for such uses in each district shall be as set fot~da in Table 2, Summary of ~ Dimensional Requirements, which is hereby made part of this Bylaw. I 7.1.1 Contiguous Buiidable Area (CBA) .0~,~ ~0g~ . ~ ~ or' April :8, 1986,,the area of any new lot ereatec~ e~clusive o~area~'m a street o~recorded~way , Ir~r~ ~y~ o~-m.o~a-~ ~t ~emy ave (75) perce~t of the m~numalot ar~a req~ed for zom~ ~ , y/~/)r_.g~$ /' be contaguous land other than land located within a line identified as wetland resource areas in · accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 Iand the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. I7.1.2 Lot Width For any lot created after May 1, 1995, the minimum width of the lot shall be a distance of fine hundred- (100) feet between the strc~ fromage and the fi-om building line The width shall be measured in a line parallel to the street. This requirement shall apply in all zones except Residence 4 (R4); for zone R4 the distance shall be eighty (80) feet. 7.1.3 R~trictions When a fi_~ (50) foot straight line is drawn to divide a lot in two, and the perimeter of the smaller piece is greater than two hundred (200) feet, then such smaller piece shall not be included in the calculations when determining: I I I I I I lot area contiguous buildable area (CBA), or street frontage as required by the Smmmry Of Dimensional Requirements (Table 2) of this bylaw. This restrictton applies only to lots created after May 1, 1995. Any lot created after May 1, 1995 shall have a lot depth of thirty (30) feet or more for at least eighty (80) percent of the minimum length of its fi-ontage as required by the Summary of Dimensional Requirements (Table 2) of this bylaw. The lot depth shall be measured as a line drawn perpendicular to the street. 89 No lot, upon which is then located any buildings or with respect to which a permit has been issued and is then outstanding for the erection of any buildin~ shall be subdivided or reduced in area in any manner unless said lot shall thereafter fidfili the lot area, street frovt,age and yard space requirements cfi this Bylaw except as may be permitted otherwise by the provisions of a variance granted by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof~ ao Building permit or other pennk shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zonin4g Bylaw. Any land taken by eminent domain or conveyed for a public purpose for which the land could halve been taken shall not be deemed to be transferred in violation of the provisions hereof. 7.2 Street Frontage Mirfi_mum street frontage shall be as set forth in SmmmrV of Dimensional Ren_uirements (Table 2). and the lot line meeting these requirements shall constitute the "street fi-ontage" for the lot. In no case shall actual street frontage at the street line be less than seventy five (75) feet; except as allowed by Section 7.2.2. Comer lots shall be required'to have the required frontage only on one street. In determining.the fid611ment of the minimum area and minimum street frl]gt~0ge of a lot required in any zoning district, there shall not be included any land within the limits oF~tre~upon which such lot abuts, even if the fee to such street is in the owner of the lot; except that if ~c0mer lot at its street comer is bounded in part by a segment of curved line not more than sevent~five (75) feet in length connecting other lines bounding such lot which if extended would interseptt, the area and frontage required in such lot shall be computed as if such potentially intersecting lined were so extended; but if a curved line more than seventy five (75) feet in length is the whole of any ~e boundary line of a lot, .the minimum area and minimum fontage required shall be determined en~ely within the. lines bounding such lot, including such curved line. / OR 7.2.1. Access across street frontage Acc, e~ to each lot, except for comer lots, must be provided across the meet frontage. If access to a lot is not across the meet front_age as of the date of the adoption of this Section 7.2.1, the lot Will not be considered non-confoiadng as to use or as to an existing structure on that lot. (1994/39) Exceptiom to this requir~anent may be granted by the issuance of a Spedal Permit rom the Planning Board. A meet frontage access Special permit may be'granted for a lot in any residential district provided that: The specific site is an appropriate loc~tion for access to the lot given the current and projected tratfic on the roadway, and the site distance to adjacent driveways and roadways, and/or 90 I I I i I I I I I I I I I I I I I b) Special environmental conditions exit such as wetlands and/or steep slopes such that access across the street frontage would require wetland filling or extreme cutting and/or filling of slopes or would be otherwise detrimental to the environment, - c) The access will not adversely affect the neighborhood; d) There will be no nuisance or serious hazard to vehicles or pedestrians; e) The access is in harmony with the general purpose and intent of this Bylaw. 7.2.2 Frontage exception Exceptions for meeting the frontage and lot width requirements required by sections 7.1.2 and 7.2 may be granted upon the approval of a Special P6nnit. The permit granting authority shall be the Planning Board. A street frontage and lot width exception Spedal'Permit may be granted for a lot in any residential dimict provided that: a) The area of the lot exceeds by three (3) times the minirnum lot area required for that dltariet; b). . The lot has a minimum continuous street frontage of not less that fifty (50) feet and a width Of not less tha~ (50) feet at any point between the street and the site of the dwelling; c) There is not more than one other such lot with frontage contiguous to it: and d) It is so located as not to block the possible fi~ture extension of a dead end street. e) The creation of the frontage exception lOt will not adversely affect the neighborhood; The creation of the frontage exception lot is in harmony with the general purpose.and intent of this Bylaw, No such lot as described above on which a dwelling is located, shall be hereafter reduced in area below the minimum area required in Section 7.1 (1985/16) 7.3 Yards (Setbacks) .~nirnum front, side and rear setbacks shall be as set forth'in Table 2~ except for eaves and uncovered stePs. Buildings on comer lots shall have the required front setback from both streets, except in Residence 4 (R4) District, where the setback fxom the side street shall be twenty (20) feet minimum. 91 '/.4 Buildiug Heights Maximum heights of buildings and swacturcs shall be as set forth in Table 2. of h~ght in feet in the designated zoning districts shall not apply to: o TI~ foregoing limitations Faan buildings on ~ms of not less than ten (I0) acres. Nor shall they appty to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, and other accessory shuctural features usually erected, at a height greater than the main roofs of any buildings. Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living purposes. And further provided th~ no such structural feature of any non-manufacturing bm3dlng shall exc~d a height of sixty five (65) feet from .the ground. Nor ora mnmfacmfin~ building a height of eighty five (85) feet from the ground. Lot Coverage Maximmn lot coverage by buildin~ shall be as for& in Table 2. Lot coverage shall mean the l~rc~nt of the lot covered by principal and accessory ~actures. 7.6 Floor Area Ratio Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total amount ofbuilding floor area on all usable floors and the area of the lot on which it is located. 7.7- Dwelling Unit Oellsity Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2 7.8 1. Exceptions The re~lential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less fropt, ge than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection ~ such lot, provided that the applicant for a building permit on any such lot shall show by dtations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to 92 ,I I i I I I I I I I I I I I I I Sanuary 9, 1957 and provided that on such.a lot there shall be kept open and not built upon a fi.om yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 f~ wide; and further provided that such lot shall have a minimtan street fi-ontage of 50 feet and a minimum lot area of 5,1300 square feet. In Residence 4 (R4) Districts only, two or more vacant lots, mutually adjoining may with a Special Permitfi-om the Board of Appeals be permitted to be combined into anew lot or lots of not less thaa 10,000 square feet area each, and with not less than 100 ~t street frontage, provided it be shown to the Board of Appeals that e.a~h such lot was lawfi~ly laid out and duly recorded by plan or doed prior to January 9, 1957 and the Building Inspector shall permit the construction of one single family dwelling on each such 10,000 square foot lot. As described in M.G.L. Ch. '40A, no amendment to this Zoning Bylaw shall apply to land shown On an approved definitive subdivision plan as defined by the Subdivision COntrol Law, for the length of time described in M.G.L. Ch 40~ As described in M.G.L.. Ck 40A, no amendment to this Zoning Bylaw shall affect the use of land shown on an endorsed Approval Not Required Plan,' as defined by the Subdivision Control Law, for the length of time described in M. GL. Ch 40A. (Section 7 rewritten and reorganized May 1, 1995 Annual Town Me~ing, Article 41) SECTION 8 SUPPI,~NTARY REGULATIONS 8,1 Off Street Parking Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to increase it 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 prima~ 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 opacity of floor area: Where a use is not indicated prior'to con,auction or issuance of building permit, the number of parking spaces provided shall be the maximum required. Minimum Spaces Required One or two family residence 2 spaces per dwelling unit. 93 M~ti ~ r~ide~ce 'Congregate HouSing All othe~ places with accommoda_tions includi~ (but not limited to) rooming houses, hotels; moteL% hospit~l~, nursing homes. Auditoriums, theaters, athletic fields, timo-~ parrots, day care and other places of assembly. Ke~aumlts, sit down restaurants, drive through Retait store and service establislunents: Warehousing, Whole.ling, Distributing Mare ffacturlmg assembly, fabdcation, etc. 94 2 spaces per dwelling unit. 1 space per dwelling unit for a unit designed and occupied by the elderly as defined under government assisted pm~ams. O~ 75 per dwelling unit l space per-sleeping room for single or double occupancy, 1 pe~ 2 for rooms exceeding, double beds for rooms exceeding double occupancy. 1 space per 4 p~-ions based on the design capacity of the facility. I per2 seats or 15per 1000 GFA. (Whichever is or fast food greater applies). 6 per 1000 square feet G~A except 5 per 1000 sq-are feet GFA in Business I a~A 2 G-c~ral Bus. 1 space per 300 square feet of GF~_ 3. Spaces per 1000 square feet GFA plus one space per employee. 1 space per 500 square feet GFA. 1 space per 2 employees in the minimum working shift or I space per 1,000 GFA whichever is greater. ]1 ]1 ]1 11 11 I 't ,I 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 ~uaure in a common parking facility, cooperatively established and operated~ I I I I I I The regulations of this section shall not apply to non-residential uses or sauctures whose minimum parking under the above schedule would amount to five (5) parldng spaces or less or residential uses or structures whose minimum parking would amount to two (2) parking spaces or less. If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a suflide~t quantity of parking spaces to accommodate the automobiles of all customers, employees, visitors, occupants, members or clients copfintent with the provisions contained in the above schedule. The Board of Appeals. my by variance m~ce exceptions to the provisions of this section and, upon a written request of the owner and atter a public hearing autho~ the BuildinE Inspector to issue permits for buildings and uses having less off-sU-eet parking than spedtied 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 9' x 18', accessible over unobstructed driveways not less that 25' wide. 8. For multi-family dwellings the fiont yard shall not be used for parking for accesso~ uses. 11. 12. In all residential di~Ulcts the fxont yard shall not be used for parking for accessory uses. In residence districts parking or outdoor storage of one (1) reereatiohal vehicle (camper, etc.) and one (1) boat per dwelling unit may be permitted in an area to the rear of the fi~ont line of the building. All other recreational vehicle and boat storage (ff any) shall be within closed. Loading fadlifies provided for any use shall be sized, located, ananged, and of nafflcient number to alloW service by the type of. vehicle customarily excepted for the use while such vehicle is parked completely dear of any public way or sidewalk. In residence districts garaging of off-street parking of not more than four (4) motor vehicles per dwelling unit may be permitted, of which four (4) motor vehicles, not more than two (2) may be commercial vehicles other than passenger sedans and passenger station wagons, but not counting farm tracks nor motor:powered agriculture implements on an agriculturally active 95 I · farm or orchard on which such vehicles are parked. Comn~dal vehicles in excess of'one (1) ton capachy shaft be garaged or screened from view of residential uses within three hundred (3OO) feet ~/~ A strip at least four (4) feet wide, densely planted with trees or shrubs which are at tea.st four (4) feet high at the time of planting and v~ch are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) ye.,al~, Of An opaque wall, barrier, or fence of uniform appearance at least five (5) feet high, but not more than seve~ (7). feet above finished grade. 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 ten (10) feet of a street lot line. Garaging or off-street parking of an additional two (2) eommerdal vehicles may be allowed by Sped,al Permit. When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Slncial Permit 13. Village Commercial Dimensional Requirements Parking Objective: To produce parking Which is aesthetically pleasing, well screened, access~]~le and broken into smaller parcels that may directly and adequately service adjacent structures. A minir~am of 5% landscaping and green space must be provided for all parking areas. This 5% is not intended toin~de the buffer zonea, but shall include all internal landscaped is!_~nds in the parking areas. b. No single section of parlcing may contain more than 25% of the total proposed parking spaces or more than 50 spaces, whichever is less. As a method of division, 6' wide parldng lot islands shall be: installed to provide the proper break between adjacent parking lots. For projects which require less than 50 spaces in total, the Planning Board may allow 50 spaces to be located together if an effective visual buffer is prodded. 96 II II il ii il ]1 ! ! I I I I I I I I I I I I I I I I I Each landscaped islandmust be 6'.in width at the mini_nmm_ In locations where the possibility exists to enlarge the entire island or portions, thereof~ the Planning Board would recomraend tl~ such measures be take~ In all instances where natural topography lends itself to the screening of these parking areas it shall be left in its natural state2 The Planning Board may at their discretion require additionsl screening at the owners m Parking lots shall be provided only at the side Or to the rear of the buildings. The Planning Board may, at their discretion, all°w up t° 50 spaces, or 25% of the total parking whichever is greater, to be located to the ~ont of the structure as long as all other dimensional criteria are adhered to. The Planning Board shali have thediscretion to allow between 4 - 6 parking spaces per 1,000 square feet of Gross Floor Area for retail development in the V'fllage Commerci~ Dbaict. 14. One (1) handicapped ~arking space shall be provided for every twenty (20) parking spaces provided on site. The handicapped space shall be 12' x 20' and be indicated by a ground mounted sign and pavement markings. 8.2 Automobile Service Stations and Other Automobile Services Automobile service and filling stations, automobile repair shops, body shops and painting shops, tire stores, radiator shops or any of their appurtenances or accessory uses shall not be erected, placed or located within fifty (50) feet of any residence di~hict or residence ahacture. In addition, the use or ,,uueture shall conform to the following requirements (m addition to district The minimura fi'ontage on a street shallbe one hundred and fifty (150) feet. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty (30) or bamers may be intea-mpted by normal entre or exits and shall not be required -- with ten (10) feet of a street lot line. 8.3 Site Plan Review Purpose a) The purpose of this section is to protect the health, safety, convenience and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts, both within the site and in relation to 97 I b) adjacent properties and meets; on pedestrian and vehicular trnfl~c. This review considers the impact on public services'and infrastru~e; environmental, unique and historic resourcesi abutting properties; and community character and ambiance. This section ofthe ZOning Bylaw is adopted pursuant to chapter 40A, Section 9. All Site Plan Review applications sub~edUnder the provisions of this section, shall be reviewed by the PlanningBoard as a Special Permit. c) Sites and developments to'which this,Section applies Shall comply with the regulations of this section as well as th0se: other applicable Town Bylaws, or the requirements of the Commonwealth of~ prior to any ,construction being undertaken in the Town of North Andover. Developments Which Require Site Plan Review Site Plan is required when: i)- Any new building(s) Or construction which contains more than two thousand (2,000) square feet of gross ttoor area which is undertaken on land within the Town ofNorth Andover or results in the requirement of live (5)or more new or additional parking spaces; ~) ~) Any construction which results in the addition of more than two thousand (2,000) square fee~ of gross floor area to a,,~ ~ ~uacture; or retorts in the requirement offive (5) or more new or additional parking SPaces; Any cor~tcuction, site .improvemem$, new uses in existing structures or developmo~ts whiCh contain new processes not normally associated with the existing use and which result in changes in the potential ~ to adjacent property,' traffic circulation; storm water drainage onto or offofthe site; and/or the application of the parkinff ~ of Section 8.1 indicate the need for five (5) or more new or additional parking spaces. The cor~icuction of any new wirele~_s_ service' facility on a previously permitted fitcility as set fourth in Secti°n g.9(3XaX~ W'~eless Service Facilities Use Re~JlatioIl5. The following development(s) a~e exempt from Site Plan. Review:. i) Single ~ dwelling(s) and two ~ dwelling(s); 98 Small structures or additions which do.nOt exceed two thousand (2,000) square feet of gross floor area and do not require five (5') or more parking spaces. Routine repairs and maintenance that do not exceed the provisions of Section 8.31 (l)(c). c) Waiver of'Site Plan Review When in the opinion of the Planning Board, the alteration or reconstruction of an existing structure or new use Or change in use will not have a significant impact both within the site and in rdation to adjacent properties and streets; on pedesaian and vehictilar traffic; public services and iufi~h acture; environmental, unique and historic resources; abutting properties; and community needs, the Planning Board may determine, without a public hearing, that submission of a site plan review application is not required. The applicant must request a waiver fi-om Site Plan R~at in wdiiag and may be required to submit mpporting docmnentation that Site Plan l~view is not required. The waiver request will b~ discussed at a regular session of the Planning Board. Site Alteration - Violation of the Bylaw a) No building permit, site cleating, filling grading material deliveries or construction shall be initiated on any site which this section applies until Site Plan approval as required by this section is obtained. b) Nothing herdn shall be comhued, howler, to prolfibit tach cleating or altering as may be necessary for purposes of conducting pfc-development studies, such-as geotechnical testa, mil borings, wetlands determination, percolation t~ts for septic systems as required by the Board of Health, or other similar test as required in order to fiflfill a requirement of any Town Bylaw or regulations of the Commonwealtk a) The site Plan approved by the Planning Board'becomes the official devdopment plan for a site within the TOwn of North Andover. Town permits are issued or withheld based upon compliance with the approved site plm The apprOved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection VffI Revisions to Approved Site Plans. I b) c) Any proposed development meeting: any of the criteria.set forth in Subsection Il · Developments which require Site Plan R~ow, shall bc subject to Site PIan Review and submit a Special Permit application to the Planning Board. An applicant for site plan review shall file an application form, fee, eight copies of the site plan~ and any additional information as may be required (See Subsection V Information Required), with the Plarming Depa~i,~ent. Once the applicant is de~ned complete, the Plan~g Department will forward the application to the Town Clerk. An application will not be deemed complete until all required information. and fees are submitted. The lime periods se~ forth in this Zoning Bylaw and M.G.L. CIt40A will not start until the application has been deemed complete and submilIed W the Town Clerk. d) The. Planning Board shall have the'authority to' ~ that the applicant pay for necessasy professional services required to adequately review and analyze the contents of any site plan or impact study requested by the Board. [aformafion Required · a) Spedai Pen~ Application Form, along with any fees as may beset by the Town Byla~r, ,b) Drawings prepared at a scale of one inch equals fon'3r feet ( I"=40~) or larger,, or at a scale as approved in advance by the Town Planner. c) All site plans shall be prepared by a certified architect, 1~ architect, and/or a civil engineer registered in the Commonwealth of Massac~. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building devafions shall be prepared by a certified architect registered in the commonwealth of Massachusetts.. All plans shall be signed and stamp ; The times for submi.~siOn of the site plans for. review'by the Planning Board are specified in Section 10.3 of the Zoning Bylaws (Special Permit Regulations) Thc following information must be submitted along with the application: i) NORTH ARROW/LOCATION MAP: A north arrow and a location map showing surrounding rOadways and land uses fidjacent to'the site (1"=1500'). Location Map should show at 1~ one intersection of two existing Town roadways.' 10o I I I I I I I I I I I I I '1 I I I iv) vi) SURVEY OF LOT/PARCEL: A boundary survey conforming to the requireme~ats of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site plar~ Any change in the survey.shall be recorded before site plan approval may be granted. NAME/DESCRIFrION OF PROJECT: The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent infoimation necessary to evaluate th~ proposed development plan. EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal encumbrances(s) that are rdated to the sites physical development, and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Comervatiori Commission, or amy public body or agency, with the authority to place conditions on the sites development. TOPQK3RAPHY: The presto and proposed topography of the site, utilizing two foot (27 contour intervals. The contours shall extend at least fifty (503 feet beyond the site boundaries by estimation of the professional submitting the ZONING INFORMATION: All applicable Zoning Bylaw information shall be provided regarding the site's development. This infommtion shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor-area-ratio, number of dwelling units, total amoun~ 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 Planning Board. STORM3NATER DRAINAGE: All storm watea' drainage control facilities ufili,ed by the site shall be shown on the site plan. Storm water drainage calculations which support the. design of the control facilities shown the plan shall be submitted to the Depaament of Public Works for review and approval. Calculations shall Show a mitigation of run-off to zero of the 2, 10, and 100 year storm event. BUILDING LOCATION: Identification of all existing and proposed stru~mreO) located on the site. The number of stories, ovexall height in feet and gross floor area in square feet of all sUucture shall be indicated. BUff.DING I~.I.g. VATION: A drawing of the exterior of the building, as viewed from the front (street view) must be submitted. The Planning Board may request side and rear views if relevant to the Board's review. This drawing mt~t be at least 8" x 11" in size. xvU) xvt) LOCATION OF PARK~G/W~AYS: Identification of the location of · il existing and proposed parking and walk-ways areas, including oarb ~uts that will be used to access th~ site from acliacent roadways, or access points. LOCATION OF WE~S/NOT~CE OF I~qTENT: All r~soure~ areas as defined in I~O.L. Chapter 131, Sedion 40 and the Town's Wetland Bylaw, '$1~_ 11 be shown on the .~ite plan. The applicalR ~ l~le a Notice of Intent with NACC concurrently with the application to the Planning Board for Site Plan Review. LOCATION OF WALI.S/sIGNS: Identification of the location, height and materials to be used for all retaining walls and signs located on the site. Si~s will be reviewed using the guidelines set forth in Section 6.7 (II) of the Zoning Bylaw. LOCATION OF ROADWAyS/DRIVES: Id~tification of all n'g:Jat-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. O~R STORAGE/DISPLAY AREAS: Identification of the location and type of outdoor storage and display areas on the site. LANDSCAPING PLAN: Identification of the location and landscape schedule of all perimeter and interior'landscaping, including but not limited to proposed paving materials for walk-ways, fences, stonewalls and all 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 ~ Town Bylaws shall be indicated on the site plan in tabular form showing the amount required and the amount provided. RRFUSE AREAS: Identification of the location of each outdoor refuse storage area, including the method of storage and scrc..--fing. All refiase areas must be fully enclosed. LIGHTING FACILITIES: Identification of the proposed illumimfion, incljeafing the direction and the degree of illumination offered by the proposed lighting facilities, including an example of the light fixture to be used. DRAINAGE BASIlXl STUDY: A detailed hydrology study for the rite. Included in this study is the proposed storm water run-off rates into the existing 102 ,,il 11 ill ill i.]I ]1 ! ,I .il I I drainage system and its potential down-stream impact on the e~isi~g drainage system. xxi)¸ 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 MI~A concurrently with the Planning Board review. A copy of the MI~PA study shall be filed with the application to the Plasming Board. 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. LrrlLITIES: All utilities, including water line locations, sewer line locations and profiles, and storm drainage systems; FISCAL~ IMPACT: Projections of costs rising from increased demand for public .services and inf~hucture; provisions of benefits from increased tax revenues, employment and infrastm~e improvements; and impacts on adjacent property values. xxiii) COMMUNITY IMPACT: Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency, pedestrian movement and over~' character, ii.acts on nearby historic suuctures or site; and an evalUation of the proposed project's consistency ad compatibility with existing local and regional plans. f) If the site Plan review application is for the construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3)(a)91I) Wireless Service Facilities Use Regulations, the information required by Section 8.9(5) must also be submitted. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review ora proposed personal wireless service facility. Review Crit~gn Guidelines a) The f°llo~ criteria and design guidelines shall be used by the Planning Board in evaluating the site plan review and all information submitted as part of the application. i) cjenerai a) Conformance with all appropriate provisions of the Zoning Bylaw. 103 b) Protection of abutting properties from dea-imental site characteristics. PrOtection of unique or/mportant natural historic or sced¢ features. b) Adequacy of proposed meth~ °f refuse disposal. Ability of proposed sewage disposal and water mpply systems within and adjacent to the site to serve the proposed use. Adequacy of the proposed clrni~nEe system within and adjacent to the site to {mnclle the increased runoff resulting from the development. e) Provision of ad~?t~ 1 .and,~aping, indudir~ the screening of adjacent ..residential uses, provision of street trees, landscape islands in the parkin__g lot and a landscape buffer along the street frontage. Adequacy of the soil erOsion plan and any plan for protection of steep slopes, both during and aider construction. Protection of adjacent properties by minimizing the intrusion of ighti inciudins parking tot'and building exterior The proposed development must not present a demon~r-,tble adverse impact on the surrounding area resulting f~om excessive noise, dust, smoke, or vibration which are higher than levels now experienced from uses permitted in the sun'ounding are~ Buildings shall be located with respect to setbacks placement of parking landacaping and e:~-aaces and exits with surcounding buildings and devdopment. b) The [:afl]dlngs shall relate harmoniously to each other/n architectural style, site location and building exits and entrances. S~eening shall be provided for storage areas, loading docks, dumpsters, root~op equipment, utility buildings and similar features. 104 I I I I ,I I I I I I' I I I I I I I I I I I I I e) Elechic, telephone, cable t.v., and other such lines and eqUipment must be placed underground. Demons/~e that the scale, massing and detailing of buildings are compatible with those prevalem in the surrounding are~ The'location and number of curb cuts shall be minimized to reduce turning movements, and b~ous exits and entrances. Provision for access to adjoining properties shall be provided as appropriate. c) Driveways shall be'located Opposite each other wherever possible. d) :loint access driP'rays between adjoining properties shall be Internal circulation and egress shall provide for Waffic safety, and access to and from minor streets servicing one family dwellings shall be F'mdings of the Planning Board With the conctu-dng vote of four membe~ of the Planning Board shall either A) approve, B) approve with conditions, or C) deny a site plan submitted for review. i) The Planning Board shall approve a site plan with the following conditions are met; The site plan complies with all current Bylaw requirements of the Town, and; ~) b) The site plan has been submitted in accordance with the regulations and proce~es as outlined in this section and Section 10.31 (Conditions for Approval of Special Permit.)' The Planning Board shall conditionally approve a site plan when the following conditions are met: 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; 105 iv) The site plan generally complies with Town Bylaw requir~ but requires minor changes in order to be completely in compliance with the Town Bylaw regulations. The Plannins Board may deny approval of a site plan for the following reasons: The plan does not include all the materials or information required in this sec6on, or has failed to adhere to the procedures for Ske Plan Review as outlined in this section, and Section 10.3 (Special Permits), or, b) The plan as presented is not in compliance with Town Bylaws, or, The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for · review, The applicants have failed to incorporate and adhere to any condition(s) for approval granted by any Town Board, Department or Commissio~ 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. The Planning Board shall render a decision within ninety (90) days of the public heau4ng and shall file its written.decision with the Town CleriCs office and other appropriate parties in accordance with the provisions ofM. G.L. Ck The applicant shall be responsible for filing a copy of the decision at the Regist~ of Deeds. Prior to the issuance of a buikling permit, the applicant shall prese~ evidence of tach recording to the Builclhag Inspector. For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Planning Board may require security submitted in the form of a check made out to the Town of North Andover in an amount detennined by the Board to be s~icient to cover the cost of all or any part of-the improvements required. The check will then be phced in an interest bea~ account and will be rdeased upon the completion of'the project. The Board, at its discretion, may release partial amounts of the security at certain ~ges of construaio~ 106 I I I I 8. Revisions to Approved Site Plan I I Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Ptanner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: I I A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town Bylaws are violated by the change; The change-in, the proposed landscaping plan which does not violate any Town Bylaw; I I I I I I I A ~ange of egress and ingress provided the same is in compliance with Town Bylaws and the requimmems' of the Commonweal~ b) The revisions 'cited above may be completed 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 int his 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 facih'ties and site improvements to be constructed and shown in the approved' sit~ @la~ c) ff the revisions are determined to be substantial and materially diff~ent by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Pla~nlng Board in accordance with the provisions of this section. (SectiOn 8.3 rewritten and reorgan~l May 6, 1996 Annual Town Meeting, Article 20) 8.4 Screening and Landscaping Requirements for'off-Street I I I I Commercial and Industrial Districls (1987/12) For all commercial and industrial di~i~icts the following minimum screening and landscaping requirements shall apply for all off-meet lots with more than 6 parking spaces, or in any instance when a commercial or industrial off-street p~ area of any size abuts a residential district 1. A sifip of land at least six (6) feet wide (may be pan of required yard setbacks) with trees or shrubs densely planted, to create at least an impervious screen, at least four (4) feet high at the 107 I time of planting and which are of a type that may be ~mmonly expected to form a year round impervious screen at least five (5) feet high within three years. If a natur~ screen as desen'bed in item 1 above c~'mot be attained, a wall or fonce of uniform appearance at least five (5) feet high above finished ~x-ade will be allowed. Such a wall and/or fence may be perforated, provided that no~ more than 25% of tl~ fac~ is open. All required screening, as described in items I and 2 above, shaft be maintained in good condition at all times. Such screening may be interrupted by entrances or exits, and shall have no si~vrt~ attached thereto other than those permitted in the dish, et For all off-street parking are~_ ~ of 20 or more spaces the following c~iteria shall _aim apply On at least three sides of the perimeter of an outdoor parking lot, the~e shall be planted at least one tree for every thin'y (30) linear fi~. In the interior part of an outdoor parking lot where two rows of paddng space~ containing a total of lO or more parking spaces face each other, a landsc~ed open spa~ not less than 6 fi~ in.width shall be provided. The landseal~t strip may be provided either, I) between the rows of parking spac~ para!ld to the aisle or, 2) in two · or more ships pavalld to the spaces and extruding from the aisle serving one row of spaces to the aisle serving the other row of spaces, as illmh-~td below. Trccs required by this section stroll be.at 1_~__~ 3.5 inches.in dlsm~ter at a height four feet above the ground at time of planting and shall be of a species ~ by suitability and hardiness for location in pafldng lot. To the extent practicable, existing trees shall be retained and used to satisfy this section. The following graphics are intended as ilh~i~afions and examples only and have not been incorporated into the requ~emeats of this Bylaw. ,I IiScreening Ye I I I I I I I I I All artifidal fighting used to illuminate any commercial or ~ parking lot, 'loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays fi'om such lighting falls entirely within the parking, loading or driveway area, and shall be shielded or recessed so as not to shine upon abutting propertie~ or streets. Village Commercial Dimensional Requirements In the V'fllage Commercial Zoning District the following requirements shall be adhered to. The following requirements are only to be placed upon the V'fllage Commercial Zoning Diahlct and shall take the place of the proceeding regulations found in para?apb 1-5. Objective: Due to the high aesthetic standards to which the architecture shall be made to conform, the main purpose of the s~eening shall be to screen the parking and other accessory structures which may be a part of the development. The Harming Board may require any additional screening as may be reasonably required. All buffer zones .must be designed by a regi~ered landscape architect, or other professional as approved by the Planning Board. The Planning Board recornmends that materials to be used in the buffer include but not limited to the following material: Natural/existing vegetation, natural topography, berms, stone walls, fences, deciduous and coniferous shrubs/trees, perennials, anra~, pedestrian scale walkways, gazebos and other landscape material as it addresses the aesthetic quality of the site. The final approval of all material used within the buffer zone shall be at the discretion of the Pla~nlng Board. Parking lots containing 10 or more spaces shall be required to provide one tree for every five spaces. All trees shall be a deciduous mix of at least 2.'5 inch caliper when plamed. Native trees and shrubs shall be planted wherever possible, in order to capture the. "spirit of the locale" through indigenous species (such as lilac, viburnum, day lilies, ferns, red twig dogwood, oak maple, sycamore, linden, hawthorne, birch, shadbush, In instances where healthy plant material exists on the site prior to' its development, in part or in whole, for purposes of off street parking or other vehicular use areas, the Planning Board may adjust the application of the above mentioned standards to allow credit for such plant material ~ in its opinion, such an adjustment is in keeping with and will preserve the intent of these standards. ~.09 1 Hanntd Residential Development ~RD) Purpose.: The ptu-pose an~,intent of the te~]lations contained ia this section are to promote the public .health, safety and general welfare of the citizens of the Town by providing for the following goals: To promote the more efficient use of land ia Imagony with its natural features; b, To encourage the Preservation of open space; ¢. 'To protect waterbodies and supplies, wetlands, floodplains, hillsides (1994/40), agriafltural lands, wik!!ife, and other natural resources; To permit greater flexibility and more atuactive, efficient and economical design of residential developments; To facilitate economical and eft/dent provision of utilities; To meet the town's ho~!slng needs by Promoting a diversity of housing types. .Applicability: An application for a Planned Residential Special Permit ('PRD) shall be allowed for parcels oflaadia the R-l, R-2, and R-3 D~hicts ia accorti~e with the standards set forth ia this sectior~ An application for a Planned Resid~ Development Special Permit shall be deemed to satisfy the requirements for Site Plan Review. Permit Authority: The Planning Board abaft be designated as the Special Permit Granting Authority, and shall grant special ptmt&s for PRlYs com4stent_ with the procedures and conditions sec. forth in this section as well as ia Sections 10.:3 and 10.31 (Special Permits) of this Bylaw. 4. Procedure for Approval.: Preliminaw P! ..~ The applicant must submit a preliminary plan per Section (fiG) (1994/40) and schedule pre-application conference to discuss the Proposed PPD. with the. Planning Board before the submission of the final special permit application and supporting documents, to the Board for review ia 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 offinai plans to the Planning Board for review. I I I I I I I I I I I I I I I '1 I I I 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 Planl~_g Board may require which shall include at the minimum the following: Development Statement; Which shall consist of a petition; a list of the parties of interest with respect to the PRD parcel and any parcel proposed to be used pursuant to the subsection 5a below. A list of the development team and a written statement meeting the requirements of a site evaluation statement under the Subdivision Rules and Regulations of the Planning Board; and setting forth the development concept and the specific requirements of the Zoning Bylaw within a table which includes the following information: The m~mber of units,' Type size (number ofbedr~ms), Floor ~rea, 4. Ground coverage, Summary showing open space as percentages of the total area of the PRD tract, 6. Development schedule for all site improvements., Copies of the proposed instruments to be reC°rded with the plans including the Usable Open Space perpetual restriction; which shall be deeded to a membership corporation, non-profit organization, trust, public agency, or the Town ofNorth Andover. Devdopment plans beating the seal of a Msz~achusetts Registered Architect, Registered Civil Engineer or sknilar professional as appropriate and consisting of: Subdivisions - All plans shall be drawn at a scale of 1"=40' showing all site improvements and' meeting to the extent applicable, the requirements set forth for a Definitive Plan in the Subdivision Rules and Regulations of the Planning Board and; 111 Site Plans .- Plans submir'ed shall meet the requirements COntained in Secti°n 8.3 (Site Plan Review) to the extent applica e Review by Other Town Departments: The Planning Board shall within ten days of receipt of an application under this section, refer the application to the CO~°n Commission, Public Works Department, Board:of Health, BUilding Inspector, Poi/ce Department, and Fire DePa~hnent for written reports and recommendations. No d.ecidon shall be made until such reports, are t~aimed or th~-fie days have elapsed following such referral without receipt of such report. Findings of the Planning Board: The Planning Board may issue a special permit under this section only if the Planning Board finds that the PRD is in harmony with the general purpose and intent of this section and Secfidn 10.3 (Special Permit) and that the PRD contains residential development and open space in a vaci.'ety to be sufficiently advantageous to the Town and meets the purpose and intent of~ 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. ff a spedal permit is granted, the Planning Board may impose a condition thereof that installation of rmmidpat services and COnstruction of roadways Within the PRD sba. comply. with the.requirements of the Subdivision Rules and Regulations of the Planning Board. Further, the Regulations of the Planning Board may require sufficient security to ensure compliance with the Subdivision Rules and Regulations, planned reer~ti_on facilities and site amenities; and may impose additional safeguards pertaining to public safety, welfare and DevelOpment StandardS: Allowable Parcel Size:. For each application fled for a special peru, it under this section, the applicant must have a contiguous pared of land, in single Or consolidated ownership at the time of application, which is at least ten (10) acres in size. Allowable Uses: The following prindpal uses are allowed in a Planned Residential Development: fam y detac houses; Residential sh-actures with up to five dwelling units per structure, udli~ng COmmon wall construction; Church or other religious purposes; 112 ,I I I I I I I I I I I I I I I I I I I I 5. 6. 7. Agriculture on parcels greater than free (5) acres; Public parks; Conservation area or land preserved as pea umnent open space; Membership clubs for the exclusive use of the residents of the development. Dimensional Regulation.~- Site Plans l~aimum Lot Size: Not Required Lot Frontage: Not Required All. Yard Setbacks: Not ~ Height'Limitation: 30' or 2.5 stories Distance Be/ween Structures: 50' Buffer Zone: 50' from the parcel boundary to any structure located within a PRD Development. Said buffer shM1 remain open without pavement or roadway(s) and lef~ in ks natural condifior~ Dimensional Regulations: Subdivisions l~aimum Lot Size: R-1 andR,2 21,780 sqt_~a_re feet; R-3 12,500 square feet Lot Frontage: 100' all zoaing districts All Yard Setbacks: 20' (1) Height Limitation: 30' and 2.5 stories Buffer Zone: (1993/33) A fifty-foot (503 border from the parcel boundary mrmmg the full length, of the perimeter of the parcel. No structure shall be built within the Buffer Zone. The Buffer Zone shall remain in its natural state except; 1. trees and/or shrubs may be added to improve the buffer characteristic of the Zone, and 113 Fi roadways perpendioxl~ or nearly petpondicular to the Zone may be installed to ac. ceos the Site, if approved as part of this PRD Spedal Permit granted be the Planning Board. Such roadways shall be minimized within the context of soUnd subdivision planning practices. 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 Parking ~_ ' ~ents: For all Planned Residential DevelOpment off-street parking sbol! be provided as required by Section 8.1 (Off-Street Parking). Usable Open Space: Usable Open.Space shall be defined as the part or parts of land within the PRD which axe reserved for permanent open space. This space shall exclude parking areas, but include required setbacks and walkways. The usable open space shall be open an Unobsh-ucted to the sky; however, trees, planting arbo~ flagpole~ sculpturea, fotmtnin% swimming pools, atrkuas, outdoor recre~. 'orud facilities and similar 6bjecta shall not be considered ohs. actions. For sulxliVi~on PRD's the mlnlnaum usable open space requirements shall be 35% of · the total pared area; and no more than 25% of the total mount of required usable open space shall be wetland. For site planned pRD's, the minimum usable open space requirements shall be 50% of the total parcel area; and no more that 25% of the total required usable open space shall be wetland. Ail resource area shall be determined by the requirements of MG.L. Chapter 131, Section 40, and the Town's Wetland Bylaws under this vatr~:tion. 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 orga~i-ation or trust whose membea-s are all the owners and occupants of 2, ' Private o ~rgani-m'ion including but not limited to the Trustc~ of Reservations or Essex County Greenbelt Association whose primary function is preservation of open space, 3. The Town of North Andover, Any group as indicated by the Planning Board which e~Ssts or is created for the purpose of preserving open space for the ovvne~ of the units located in a PPI) Project. 114 i'll 11 I I I I I I ! I I I I I I I I I I I I I I I Further, a. perpetual restriction of the type described in lV[G.L. Chapter 184, Section 3 I, ('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 Open Space shall be mained in perpetuity for one or more of the following uses: conservation, agriculture, or recreatio~ Such restriction shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on devdopment and use of the Usable Open Space as the Planning Board may deem appropriate. Calculation of Allowable Reside. ntis! Except as noted in Subsection FI below, the maximum number of buildable lots in a PRD will be.equal to the mmaber of buildable lots which would result fi.om an approved conventional subdivision platz In order to determine the residential density of a PRD, the applicant must submit to the Planning Board a plan which: meets the criteria of a Pre[Jmina~ Subdivision Plan as defined in Section 3(b) of the "Rules and Regtfl~tions Governing the Subdivision of Land, North Andover, Massacbasetts" in effect at the time of plan submittal, 2. is fully compliant with the "Zoning Bylaw" in effect at the time of plan submittal~ and 3. requires no zoning variances. The Planning Board will use this plan to determine the maximum number of buildable lots. (1994/40) 1. Affordable Housing Bonm For all PRD's the total number of allowable lots and/or dwelling units may be increased up to 20°/6 if the developer designates at least 30% of the total number of units for use in conjunction with one or more stateor federal honfing assistance prostams. However, in the instance where the use of federal or state programs are not available to the Housing Authority, the Planning Board, ~er consultation with the Housing Authority, may propose alternative methods of ~aining the Affordable Housing Bonus. 115 The developer shall certify, in writm'_g to the Planning Board that the appropriate number of dwelling units have been set aside av.d conveyed to the North Andover Ho,,~ng. Authority (or other actions are required), before the Planning Board sb~ll grant any special permit with derdty bonus provisions. Further, the developer shall be respons~%ie to work with the North Andover Housing Authority to initiate and conclude occupancy of said nnits within one year of their comp[el/on, 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. Open Space Bonus For multi-family PRD's, the total .mimber of allowable dwelling units maybe increased up to liPA if .the proposed PRD provides sixty-five percent (65%) usable open space consistent with the definition of usable open space as pro,~led in thi~ section. The graining of.this bonus density shall not exempt the proposed development from any other criteria required by this section. Proposed PRD's may utili:,e both bonus provisions, i.e. affordable hou6ng and open space; however, the granting of bonus densities shall not exempt the proposed development fi'om any other criteria required by this sectiom 8.6 Satellite Receiver Discs 0987/83) To restrict the erection and/or installation of satellite microwave receiver discs in residential districts to a ground levd area, to the rear of the rear line of the building, within the side boundary lines of the same building so that it is out of sight from the street. 8.7 GROWTH MANAGEMENT 1. INTENT AND PURPOSE I This Section 8.7 is adopted pursuant to the provisions of M.G.L., ¢. 40A and the Home Rule Amendrneng Article 89 of the Massachusetts Constitution, for the following purposes: 116 I I I I I b) to ensure that growth occurs in an orderly and planned manner, at a rate that can be supported by Town services, while avoiding large year to year variations in the development rate; to allow the Town time to update its Master Plan and to provide the Town with time to study the effect of growth on the municipality's infi'astmcture, character and municipal services; c) to allow the Town time to study, plan for, and provide an additional source of water;, I I I I d) e) to relate the timing of residential development to the Town's ability to provide adequate public safety, schools, roads, municipal infrastructure, and human services at the level of quality which citizens expect, and within the Town's ability to pay under the financial limitations of Proposition 2 1/2. to preserve and enhance the exiting community character and value of property, and to allow departures from the strict application of the growth rate measures herein in order to encourage certain types of residential growth which address the housing needs of specific population groups or which provide significant redUctiOns in the ultimate residential density of the Town. I 2. APPLICABILITY, EFFECT AND DEFINITIONS a) No building pecccfit shall be issued for a new dwelling unit between May 6,1996 and July 1,1996 unless exempted by Section 8.7(6) herein. I i I I I b) c) d) Beginning on'July 1,1996, no building permit for a new dwelling unit or units shall be issued unless in accordance with the regulations of this Section 8.7 or unless exempted by Section 8.7(6) herein. The provisions of this Section 8.7 shall expire on Inly 1, 2001; however, by a vote of Town Meeting before said date, the provisions of this Section 8.7 may be extended for an additional five years in order to continue municipal comprehensive planning studies necessary to' promote orderly growth. In the event such action is taken by Town Meeting prior to luly l, 2001 these provisions shall not be construed to have lapsed on such date. For the purposes of this Section 8.7. the following terms shall have the following meaning: I 117 ii) "Growth Rate Limit" shall mean the maximum number of building permits that may be authorized in one Year, which shall be 80 permits. The Growth Rate .Limit is based upon analysis of recent average growth rates and an analysis of the Town's current and future ability to provide essential local services such as public safety, schools, public works and human services. Units exempt under section 8.7(6!'are included within the calculation'of the Growth Rate Limit.' "Development" shall mean a single parcel or set 0f contiguous parcels of laud held in common ownership, regardless of form, at any time on or after the date of adoption of this bylaw, for'which one'or more building permits will be sought. [fi) "Development Schedule" shall mean a schedule authorized by the Planning Board in accordance with Section 8.7(4), which outlines the maximum building permit issuance per development: iv) "Developer" any individual who either as an individual, a beneficial owner of a real estate trust, a partner in a parmership, or an officer or owner of a corporation, requests one or more building permits for the construction of new dwelling ,nits. v) ' "Year" shall mean the period beginning July I and ending lune 30. PLANNED GROWTH RATE The Growth Rate Limit shall be based on a target growth rate of 80 dwelling units per year. In no case, however, shall the number of nonexempt building permits' issued be reduced below 60 permits ia any one year period. b) Whenever the number ofbuilding permits issued for ne~w dwelling units exceeds the applicable Growth Rate Limit, the Building Inspector shall not issue building permits for any additional dwelling unit or units unless such unit or units are exempt from the provisions of this Section 8.7 under subsection 8.7(6) below. c) Building pe,'~r6ts authorized under a Development Schedule, but not issued during the scheduled period set forth in Section 8.7(4) ~nll not be counted in computing the applicable Growth Rate Limit. Building permits issued, but subsequently abandoned under the provisions of the State BUilding Code, shall not be counted in computing the applicable Growth Rate Limit. DEVELOPMENT SCI~DULING 118 il I I I ! I I i I I I I ! I I I I I I ! I i I I I I a) b) c) This Section 8.7(4) shall apply to the following types of development which would result in the creation of new dwelling units; (a) definitive subdivision plans, (b) plans subject to MG.L. ¢.41, s. 81P (ANR); (¢)special permits. In addition to the types of development described in paragraph 8.7(4)(a), the Planning Board:is authorized, upon request fi.om the Developer, to approve a development schedule for any other building 10t or dwelling unit, specifying the month and year in which such lot/unit shall be eligible for a building permit. Dwelling m shall be considered as part of a single development, for purposes of development scheduling, if located on either a single parcel or on a set of contiguous parcels of land held by a Developer in common ownership, regardless of form, at any time on or after the date of adoption of this bylaw. Where consistent with the applicable Growth Rate Limit, building permits for. the construction of new residential tmi.'ts in types of development se~ forth in Section 8.7(4)(a), shal~, be authorized only in accordance with the following table: Number of New dwelling units in development Maximum Number of building permits for nqw dwelling units per year (Total ia Development) 1-5 6-10 5 11-20 6 21-30 7 31-40 8 41-54 9 55-80 10 More than 80 12.5% of To~ in D~velopment Notwithstanding that a Development Schedule has been approved and recorded, the Planning Board shall not be required to authorize the issuance of the stated maximum 119 number of building permits if the issuanCe of such permits'would result in exceeding the GrowthRateLimit. Adoption of a Development Schedule shall not be construed as a commitment to issue building permits. The Plaianin$ Board shall not establish any Development Schedule which phases development for longer than a 10 year period. PROCEDURES FOR DEVELOPMENT SCHED~.ES a) No building pe, usits for new dwelling Units shall be issued until the Development Schedule has been recorded and a certified copy of the Development Schedule has been filed with the Plavning Board. .d) Upon transfer of any lot or unit in the .types of development subject to development schedulin$,, the deed shall reference the Development Schedule and state the earliest date on which construction may be commenced in accordance with the provisions'ofthisbylaw. In order to be.equ{table to all Dex;elopers no more than 20% of the total available building Permits under section $.?(3)(a), in any Year, will be issued to any one Developer. Procedures for development schedules shall be in accordance with rules and regulations, consistent with the provisions of this bylaw, to be adopted by the Planning Board on or before July 1, 1996. · 6. EXEMPTIONS The following developments are specifically exempt from the Growth Rate Limit and Development Scheduling provisions of this by-law. The issuance of building peaL,fits for these Developments shall count toward the Growth Rate Limit of 80 permits in a Year. Except that pea-n-,its issued under subsection (a) below shall not count towards the Growth Rate Limit of 80 permits in a Year. An application for a building permit for the enlargement, restoration, or reconstruction of a dwelling in existence as of the effective date of this bY-law, provided that no additional residential unit is created. b) All lots created prior to May 6, t996 are exempt from the prOvisions of this Section 8.7 of the Zoning Bylaw. c) Dwelling units for low and/or moderate income families or individuals, where all of the following conditions are met: 120 ]1 ]1 11 ii I I I I I I I I I I I I I I i I I I I I i) Occupancy of the units is restricted to households qualifying under Local Initiative Program as administered by the Executive Office of Communities and Development; ii) The affordable units are subject to a properly executed and recorded deed restriction rurming with the land which shall limit the succeeding resale price to an increase of 10 percent, plus any increase in the consumer price index, plus the cost of any improvements certified by the Building Inspector. d) Dwelling units for senior residems, where occupancy of the units is restricted to semor persons through a properly executed and recorded deed restriction running with the land. For purposes of this Section"senior" shall mean persons.over the age of 55. e) Development projects which volun, ta~ily agree to a minimum 40% permanent reduction m d.ensity,(buiidable lots), below the density,(buildable lots), permitted under zoning and feasible given the environmental conditions of the tract, with the surplus land equal to at least ten buildable acres and permanently designated as open space and/or farmland. The land to be preserved shall be protected from development by an Agricultural Preservation Restriction, Conservation Restriction, d.edicafion to the Town, or other similar mechanism approved by the Planning Board that will ensure its protection. Any tract of. land existing and not held by a Developer in common ownership with an adjacent parcel on the effective date of this Section 8.7 shall receive a one-time exemption from the Planned Growth Rate and Development Scheduling provisions for the purpose of constructing one single family dwelling unit on the parcel. If at thetime a Development is ready for building permits,(i.e, all other permits from all other boards and commissions lmve been received and the project is in compliance with those permits), and the Development Schedule does not accommodate issuing a building permit in that Year~ one building permit will be issued per Year per Development until such time as the Development Schedule accommodates issuing building permits. ZONING CHANGE PROTECTION- a) Any protection against zoning changes provided by M.G.L.c. 40A, s.6, shall be extended to the earliest date on which the final unit in the development could be authorized under this bylaw. SEVERABIIJTy 121 I The provisions of this by-law are hereby declared severable and if any provision shall be held invalid or unconstitutional, it shall not be construed to affect the validity or constitutionality of any oftbe remaimng provisions of this by-law. (Section 8.7 created and approved Annual Town Meeting, May 6, 1996) Section 8~; Adult Use Zone The Adult Use Zone is herein established as an overlay district and shall'be superin~sed on the other cli~ificts established by this Bylaw. The requirements enumerated for this Adult Use Zone shall be in addition tO, rather than in place of~ the requirements of the other districts. Adult uses may be allowed by Special Permit in the Adult Use Zone, as descn~cl below. Adult uses shall be prohibited at any other location in the Tovnt The following regulation shall apply to Adult Uses .as defi~ in Section 2 of this Bylaw. Boundaries: Boundaries of the Adult Use Zone are shown on.thezoning Map and shall include the following parcels as identified on the 1995 Assessor's Map: Map 34 Parcels 27 and Map 77 Parcels 3, 12, 13, 14& 17. 'Map 34 Pared 27 Map 77 Parcel 13 Northerly 250' +/- by Holt Road Easterly 340' +/- by Lot 2 Southerly 240' +/- by City of Lawreace Westerly 330' +/° byLot 4; Northerly 100' +/. by Holt Road Easterly 370' +/- by Lot 4 Southerly 130' +/-by Parcel 3 Westerly 400' +/- by Clark Street Map 77 Pared 14 Map 77 Parcel 3 Northedy 245' +-'by Holt Road Easterly 330' +/- by Lot 3 Southerly 250" +/- by Parcel 3 Westerly 370' +/- by Lot 7 Northedy by 410' +/- by Lots 3, 4, and 7 Easterly 250' +/- by City of Lawrence Airport Corem Southerly 465 +/- by City of Lawrence Ailport Co~mti. 122 ]1 ]1 11 }1 Wested¥ 460' +/- by Clark Street Map 77 Parc. e[ 12 (3 sided lot) Map 77 Parcel 17 Nortbefly 41fi' +/- by Parcel 17 Easterly 270' +/- by Clark Street Southerly 285' +/- by City of Lawrence Airport Comm.; and Nonh~ 120' +/- by City ofLawrence AirlXnt Co, m~L Easterly 210" +/- by Clark Sheet Southerly 410" +/- by Parcel 12 W~erly 590'+\-by City ofLawrene~ Ai,'port Comnt Adult uses may not be located: a) within five hundred feet (500') feet of any Residential Zoning Districts or within 500 feet of any church, school, park, playfield or other location where large numbers of minors regularly congregate. b) c) within five hundred feet (500') of any other adult use as defined herein; within three'hnndred fe~t (300') of any establishment licensed under MGL Ch. 138, Sec. 12. Maximum Usable Floor Are~: With the exception of an adult cabaret or an adult motion picture theater adult uses may not exceed three thousand five hundred (3,500) square feet of useable floor area. Parking Requirememn: The following parking requirements shall appl~. a) Parking shall be provided in the side or fi'om yard only. b) All parking areas shall be illuminated, and all lighting shall be contained on the property. c) Parking areas shall be landscaped in conformance with the appropriate provisions of the zoning by-law. Screening and buffering: At a minimum, a five (5) foot wide landscaped buffer shall be provided along the side and rear property lines of an adult use establishment consisting' of 3.23 I 6~ 10. 11. 12. evergree~ shrubs or trees not less than five (5~ fe~t in height at the time of planting, or a solid fence not less than six (6) feet in height. All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establistLmem by the public. No adult use shall be allowed to display for advertisement or other purpose any signs, placards or other like materials to the general public on the exterior of the tmildin$ or on the interior explicit fisures or words as defined in Iv[G.L. Sec. 31 Ch. 272. Application information: The application for a special permk for an aduR use establishment mus~ Luclude the ffolloxg4ng hfform~tiou: Name and address of the legal owuer of the establistwneut, and of the legal owner of the property;, b) Name and address of all persons having lawful equity or security interests in the c) Name and address of the manager, d) ~ofemployees; e) Proposed Provisions for security within ~ud without the establishment4 f) The physical layout of the interior of the establishrae~t. Special Permit Caauting Authority: The Zonin$ Board of Appeals shall be the Special Pcsu-~ Granting Authority. No adult use special p~mit shall be issued to any person convicted of violating the provisions of MGL Ch. 119, Sec. 63, or MGL Clx 272, Sec. 28. An adult use special permit shall only be issued following a public hearing held within sixty-five (65) days after tl~ filing of an application with the special ~ granting authority, a copy of which shall forthwith be give~ to tl~ Town Clerk by the applicant. Special permits for adult uses shall be ~ed only upon the dete, aiinafion by the Special Pe~ui-,it Granting Authority that the location and design of the ~ are in harmony with its surroundLugs, ~d tl~ adequate sa~eg, ards exist through licensing or other means to assure on a continuing basis that activilies therein will not be pateraly contm~ to prevailing standards of adults in the community a~al will not involve minors in any way. 124 I I I I I I ! I I I I I I I I I I I I I I I I I I 13. Any section of this by-law, or portion thereo/~ declared invalid shall not affect the validity or application of the remainder of the by4aw. .(Section 8.8 created and approved May 6, 1996 Annual Town Meeting, Article 22) Section 8.9 Wireless Service Facilities 1) Purpose a) It is the exgress purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto. No wirele~ service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval fi-om the Special Permit Granting Authority (SPGA). The Planning Board shall be the Special Permit Granting Authority for the is$_~_a_nce of a special permit to allow the placement, construction and modification of wireless service facilities within the tovaz This bylaw is intend~ci to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of North Andover's rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wirele~ service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped area% wildlife, flora and habitats for endangered species; protection of the natural resources of North Andover, enhancement of open space areas and respect for North Andoveffs rural character. 2) Definitions: a) Above Ground Level (AGL), A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (AMSL). A.uniform point fi'om which height above sea level (or zero elevation) can be measured. c) Antenna. The surface from which wireless radio signals are sent and received by a wireless service facility. d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged." 125 e) · Carrier. A company that provides wireless services. g) Co-location. The use of a single mount' on the ground by more than one carrier (vertical co-loCation) and/or several mounts on a preexistent building by more than one carrier. Cross, polarized (or dual-polarized) antenna. A low mount that has three panels flush mounted or attached very close to the shaft. h) Elevation. The measurement 'of height above mean sea level. Environmental Assessment 0gA). An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is. p¼ced in c~tain designated areas. j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electri.~l equipment. k) Functionally Equiviilent Services. Cellular, Personal Communication Services (PCS), Enhanced SpecinliTed Mobile Radio, Specialized Mobile Radio and Paging. I) GPS. Ground PoSiting System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. n) Lattice Tower. A type of mount that is serf-supporting with multiple [egs and cross bracing of structural steel. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-mpporting with a single shaR of wood steel or concrete and a platform (or racks) for panel antennas a~-cayed at the top. r) Mount. The structure or surface upon which antennas are mounted, including the following four types of mounts: (1) Roof Mounted: Mounted on the roof of a building. (2) Side-mounted: Mounted on the side ofa buil~_ing (3) Ground-mounted: Mounted on the ground. (4) Structure-mounted: Mounted on a structure other than a building. Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all directions. 126 .d I I I I I I I I I I I I I I I I I I Panel Antenna. A flat surface antenna usually developed in multiples. t) PCS. Communications ServiCes. These are broadband radiowave systems that operate at a radio frequency in the 1850 - 1900 megahertz range. u) Radiofrequency (RF) Engineer, An engineer speciali~i.g in electric or microwave engineering; especially the study of radio frequencies. v) Radiofrequency Radiation (RFR). The emissions from wireless serviCe facilities as defined in the FCC Guidelines for Evaluating the Environmental'Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked impenetrable wail, fence or berm that completely seals an area from unauthorized entry or trespass. x) Separation. The distances between one army ofante~n-.~ and another array. y) Utility. A system of wires or conductors and supporting structures that fimctions in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other utility services. z) Wireless Service Facility. Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communicatiOns, wireless communications services, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae, antennae support structures, panels, dishes and accessory sh octures. aa) Wireless Services. The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. 3) District Regulations a) Use Regulations: A wireless service facility shall require a building permit in all cases and may be permitted as follows: i) The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public. ii) A wireless service facility may locate as of right on any existing guyed tower, lattice 127 tower, monopole or electric utility transmission tower for which a special permit issued Under this Section 8.9 is in effect, provided that .the new facility shall first obtain site plan review approval from the Planning Board and, provided further that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located. iii) No wireless service facility shall be located in the Town except upon issuance of a ' special permit in accordance with SectiOn 10.3 ofthis Bylaw. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies aH of the requirements set:forth in this Bylaw. b) Location: Applicants seeking apprOval for wifeless service facilities shall comply with the following: i) ff feasible, wireless service facilities shall be located on preexistent struCtUres, including but not limited to buildings or Structures, preexistent telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of 'those structures. In particular, apPlicants are urged to consider use of preexistent telephone and electric utility ~tructures as sites for · one or more wireless service facitities. The applicant shall have the burden of proving that there are no feasible preexistent ,i, actures upon which to locate. ffthe applicant demonstrates to the satisfaction of the SPGA (Spedal permit Granting Authority) that. it is not feasible to locate on a preexistent structure, wireless service facilities shall be 'camouflaged to the 8reat~st extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings (as indicated through site-plan review), and placement within trees. ¢) iii) The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit. Dimensional Requirements: Wireless service facilities shall comply with the following requirements: 'b H~ight, General Regardless of the. type of mount, wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. '¢Fu-eless service facilities may locate on a building that is legally non- conforming with.respect to height, provided that the 128 ii) iii) v) facilities do not project above the existing building height. Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings, within 300 £eet of the proposed site of the facility, all ground.mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on. the subject property or planted on site. Height, Side-and Roof-Mounted Facilities Side-and roof-mOunted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten (I0) feet above the height limit of the zoning district within.which the facility is located. Wirdess service facilities may locate on a building that is legally non-conforming with the respect to height, 'provided that the facilitie~ do not project above the existing building height. Height, preezistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the ~ structure as a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. Setbacks AIl wireless service facilities and their equipment shelters shall comply with the building setback provisions ofthe zoning district in which the facility is located. In addition, the following setbacks shall be observed. (1) In order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility to any property line, shall be 2x the height of the facility/mount, including any antennas or other appurtenances. This set' back is considered the "fall zone". In addition, a minimum setback of 300 feet from any habitable dwelling or business is required. ' (2) la the event that a preexistent 'structure is proposed as a mount for a wireless service facility, the :setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures,: wireless service facilities and their equipment shelters shall not increase anynon-conformity. The SPGA may reduce the required setback distance by as much as 50%, if such set back provides adequate safety, promotes co-location or improves design, and will not significantly impact the character and appearance of the neighborhood. In making a request for a reduced setback, the manufacturer or qualified licensed 129 designer shall certify that the tower is designed to collapse upon itseff in the event of failure. The SPGA may allow reduced setbacks as necessary to allow for the use of an existing structure. Design Standards a) Visibility/camouflage Wireless service facilities sholl be camouflaged as follows i) Camouflage by Existing Buildings or structures iii) (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent architectural features to limit its visibility frOm public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit then' impact on the building's silhouette. (2) Wireless se~ce facilities which ~'e side-mounted shah blend with the preexistent builclin~s arcl4itecture and, if over $ square feet, shall be shielded with material which is conSistent with the design features and materials of the building. Cnmoufhge by Vege~tion. ff wireless service heilities are not Camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of denSe flee growth and understory vegc, laiion in all dir~-tions to create an effective year-round visual buffer. Ground-mounted wireless service facilities shall provide year-round vertical evergreen vegetated b,ffer of 50 feet, or 75% of the overall height of the structure, in all directionS. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings. iii) Color (1) W'treless service facilities, which are side-mounted on buildings, shall be pa_inted or constructed of materials to match the color of the building material dkectly behind them. (2) To the extent that any wireless Service facilities extend above the height of the vegetation immediately surrounding, it, they must be painted in a light gray or light blue hue which blends with sky and clouds- iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed conSistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults; Or 130 31 31 31 II 31 11 il I I I I I (2) designed consistent with traditional materials, color and design of the area, or (3) camouflaged behind an effective.year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence acceptable to the permitting authority b) Lighting and signage Vftreless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall tie shielded from abutting properties. There shall be total cutoffof all light at the property lines of the parcel to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade. Si~.q shall be limited to those needed to identify the property and the owner and warn of any danger, No tower or other facility shall contain any signs or other devices for the purpose of ad~,edfisement. All signs shall comply with the requirements of Section 6;' Signs and Outdoor Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public. c) Historic Buildings Any wireless service facilities located on or within a historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building. ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible. Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, Or shall be located so that they are not visible from public roads and viewing areas within the district. iv) The Frlstofic District Commission must review all appropriate facilities. d) Scenic Landscapes and Vistas i) No facility shall be located within 300 feet of a Scenic Road. If the facility is located farther than 300 feet from the scenic road, the height regulations described elsewhere in this Bylaw shall apply. 131 ii) ~r=elesS se~ice facilities shell not be located within open areas that arc visible from public roads, recreational areas Or residential development. As required in the Camouflage section above~ all: ground mounted wireless'service facilities that are not camouflaged by existing buildings or sma~es shall be surrounded by a buffer of dense tree growth. e) Environmental Standards i) V~reless services facilities shall not be located in wetland resource areas. Locating of Wireless facilities in wetland buff`er areas shall he avoided whenever possible and disturbance to wetland bi~ffer areas shall be minimized: Ali Conservation Commission regulations and procedures must' be followed, - No hazardous waste shall be discharged on the site of any personal, wireless service facility. If any hazardous materials are to be used on site,~ithere shall be provisions for full co~ltalnr~ent Of such mate.rials. An enclosed containment area shall be provided with a sealed floor, designed:to contain at Ieast 110% of the volume of the hazardous materials stored or used on'sitel Applicant must comply with all federal, state and local regulations governing hazardous materials. .iii) .Storm water mn-off as a result of the wireless facility shall:be contained on-site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 aB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground revel at the base of the building c[osest to the antenna. 0 Safety Standards .i) Radiofrequency Rndintion (RI~R) Standm'ds. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Rnrliation (FCC Guidelines) or any other applicable FCC guidelines and regulations~ ii) Structural Integrity. The applican{ shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility; 5). Application Procedures a) Special Permit Granting Authority (SPGA). The Special Pe~-iiiit Granting Authority ~32 I I 1 I I I I I I I I I I I I I I I I I I b) c) d) (SPGA) for wireless service facilities shall be the planning Board: Pre-Application Conference. Prior to the submission of an application for a Special Pe.ait unde~this regulation, the applicant is strongly encouraged tO meet with the SPGA at a public meeting to discuss thc proposed wireless service facility in general terms and to clarify the filing requiremcms. Pre-Application Conference Filing Requirements. The purpose-of the conference is to inform the SPGA as to the preliminary nature ofthe proposed wireless service facility. As such, no formal filings are required for the pre-application conference. However, the applicant is 6ncouraged to prepare s. mcient preliminary arch/tectural and/or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design. Application Filing Requirements. The following shall be included with aa application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. (4) Original signatures are required for the applicant and all co-applicants applying for the SPecial Permit. If an agent represents the applicant or co-applicant, an original signature authorizing the agent to represent the applicant and/or co-applicam is · required~ Photo reproductions of signatures will' not be accepted. All other filing requirements in the Zoning Bylaw and the ~es and Regulations as applicable must be complied with, ii) Location Filing Requirements (1) Identify the subject property by including the name of the nearest road or roads, street address, and Assessors Map and Parcel-number of subject property 133 (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map at a scale of 1" = 1500' showing.the SUbject Property and all properties within 300 feet and the rotation of all buildings, including accessory structures, on all properties shown. (4) A map showing the other preexistent and approved wireless service facilities in North Andover and outside North AndoVer within one mile of its boundary. (5) GPS all eqUivalent system locating by latitude and longitude wireless service facilities iii)siting FilingRequirements. A one,!nch-equals'40 feet plan prepared by a Registered Professional Engh3. eer in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property. .(2) Property lines.of all properties within 300 feet. of the proposed locatio~ (3) Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height~ (4). Outline of all existing buildings, including purpose (e.g, residential buildings, garages, aCcessory structures, etc.) on subject property and all properties adjacent to the subject property. (5) Proposed location of antenna, mount and equipment shelter(s). (6) Proposed securiw barrier, indicating type and extent as well as point of controlled (7) Location of all roads, public and privatet on the subject property and on all adjacent proPe~es within 300 feet including driveways proposed to serve the wireless service facility. (8) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plate (9) Contours at each 2 feet AMSL for the subject prope~x3' and adjacent properties within 300 feet. ~34 ,I I I I I I I I I I I I I (I O) All proposed changes to the preexistem property; includinggrading vegetation removal and temporav] or permanent roads and driveways. (11) Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable run~, parking areas and any other c~nstruction or development attendant to the wireless service facility. (t 2) Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (Point being viewed) from 'Sight'Lines" subsection below. (13) LoCation of ail wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission. iv) Sight lines and photographs as described below: (1) Sight line'repr~entation. A sight "~line representation shall be drawn from any public road withi, 300 feet' and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall be depicted in prOfile, drawn at one-ihch equals 40 feet scale. The profiles shall show all intervening trees and bUilcling.~. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable suuctures or public roads, if any. (2) Preexistent (before condition) photographs. Each sight line shall be illustrated by one four-inch bY six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet. (3) Proposed (after condition) photographs. Each of the preexistent condition photosraphs shall have the proposed wireless service facility superimposed on it to shove.what will be seen from public roads and residential buildings if the proposed wireless servic,~ facility is built. (4) Siting elevation~ or views at-grade from the north, south, east and west for a 50- foot radius around the proposed wireless service facility plus from all preexistent public and private r6ads that serve the subject property.. Elevations shall be at either, one~uarter inch equals o.ne foot or one-eight inch equals one foot scale and show the following: (a) A~ntermas, mounts and equipment shelter(s), with total elevation dimensions and average ground level (AGL) of the highest point. All 'future proposed antennas, mounts and equipment shelters if any must be shown in order to be included in the Special Permit. 135 1! '(b) Security barrier, ff the Security barrier will block :Views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. : (c) thy and ail Structures on the SUbject Property: (d) Preexistent trees and shrubs at current height and proposed trees and shrubs at Proposed height, at time of installatiOn, withl approximate elevations dimensioned. (e) Grade changes, or cuts and fills, t° be shoWn as ofi~ grade and new grade line, with twO-foot contours AMSL. v) Design Filing Requirements (l) Equipment brochures for the'.proposed wireless service facility such as manufacturer'~ specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. 3m )m (2) (3) Materials of the proposed wireless service facility specified by generic tltpe and specific trea~nent (e.g: anodiZed aluminum stained wOOd, painted fiberl~ass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. Colors of the propOsed wireless service facility represented by a color board showing actual colors proposed. Colors shall be proVided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. )m (4) Dhuensions of the wireless se~ce facility specified for all three directions: height, width and breadth. These shall be proVided for the antennas, mounts, equipment shelters and securi~ barrier, if any. (s) Appearance shown by a~ least two photographic superimposition's of the wireless service facility within the subject property.' The photographic superimposition's shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, 'if any, for the total height, width and breadth. (6) Landscape plan including preexistent trees and shrubs and those proposed to be added, idevtified by size of specimen at inaallatiOn and Species. (7) During the public hearing process the applicant shall schedule with the Planning 136 zl ! ! I I Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height-Oftheproposed facility. twenty-fiVe (2.5) feet beyOnd property lines. locations .and types Of luminaries proposed. If fighting on the site is required by the FAA, the aPplicant shall submit a manufacturers computer generated point-to-point printout, indicating the horizontal foot-candle 'levels at grade, Within the property to be developed and The printout shall indicate the vi)Noise Filing Requirements (1) The.~applicant shall provide a statement listing the preexistent and maximum furore projected measurements of noise ff°m the proposed wireless service facilities, measured in decibels Ldn ..(common logarithmic scale, accounting for greater sensitivity at night)~ for the follOWing: (a) Preexistent or ambiem: the m~asures of preexistent noise (b) Pree~xistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. (c) Such 'statement shah be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the requirements of DEP and Section 8.9(4)(e). vii) Radiofrequency Radiation (RFR) Filing Requirements (i) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC~ Radio Frequency EmisSions standards. The applicant shall provide Certification demonstrating that the maximum allowable frequencies, power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. The Permit Granting Authority may condition any Special Permit granted under this section upon aperiodic submittal of certification of compliance With said standards. (2) In order to determine compliance with applicable' FCC regulations, the applicant' shall provide a statement listing the preexistent and maximum future projected measurements of RFR fi-om the proposed wireless service facility, including all co- locators, for the following situations: (a) Preexistent or ambient: the measurement of preexistent RF1L 137 O) viii) (1) (2) Co) Preexistent plus proposed wireless service facilities: maximum estimate of RFR ~om the proposed wireless service facility plus the preexistent RFK environment. (c) Cerlification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Guidelines as spedfied in the Radiofrequency Radiation Standards mb-section of this Bylaw. Applicant must submit a copy of the letter from the Mn.~sachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. Federal Environmental Filin~ P~iuirementS At the time of application filin~ an Envh'onmental' Assessment (EA)that meets FCC requiren/ents shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC ,! The applicant shall list location, type and amount (inbluding radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government. ix) Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility. 6) Co-location a) Licensed caniers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service fadiities that ~re sta~d-alone facilities. Ail applicants for a Special Permit for a wireless service fac'dity shall demonstrate a good faith effort to co-locate with other carriers~ Such good fa/th effort includes: i) A .mrvey of all preexistent structures that may be feasible sites for co-locating wireleSS service facilities; ii) Contact, with all other licensed carriers for commerci~ mobile radio services operating in the Commonwealth of Massachusetts; and iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. ' b) An Applicant shall demonstrate to the Planning Board that it has made a good faith effort ! I I I 138 ! ! to co-locate its facility upon an existing facility. The Town may retain a technical expert in the field ofRF engifneering and/or a structural engineer to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co- location~ The cost for such a technical expert will be at the expense of the applicant. The Town may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for co-location, c) ff the applicant does [mend to co-locate or to permit co-location, the Town-shall request drawings and studies that show the final appearance and operation of the wireless service facility at full build=out d) If the SPGA approves co-location for a wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Section $.9(3)Regnlations facilities specified in the Spec/al Penv./t approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved Special Permit shall require a new Special Permit. This aUows a carder to "pm- permit" a site for additional fac/lities so tliat they will not have to apply for another Special Permit later. e.) In order to determine compliance with all applicable FCC Regulations, estimates of RFR emissions will be required for all facilities, including proposed and fitture facilities both.for the applicant and all co-locators. 7) Modifications a) A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and,will require a Special Permit when the following events apply: i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Change in the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance a) After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed 139 I and certified by an RF engineer, stating that RER measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4XcXI) RFR Filing Requirements of ihis Bylaw. The measurements shall be submitted for both the applicant and'all co-locaters. b) After the wireless service facility is in operation the applicant, shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section 6.13.14.5 of this Bylaw c) d) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. S{xch maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. Failure to obtain the' information required in this subsection 8.9(8) of the Bylaw shall result in a fine of not more than $300 dollars for each offense. Each day that such violation ,continues shall constitute a separate, offense. 9) Abandonment or Discontinuation of Use At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service fadlity, such carrier w/Il notify the Town by certified US mail of the proposed date of abandonment or discontinuation of operations. 'Such notice shall be ~/ven no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carder fails to give such notice, the wireless sewice facility shall be considered abandoned upon discontinuation of operations. a) Upon abandonment or discontinuation of use, the carrier shall physically remove, the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove' shall include, but not be limited to: b) i) Removal of antennas, mount, equipment shelters and security barriers from the subject property. ii) Proper disposal of the.waste .materials from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless servic~ facility to-its natural condition, except that. any landscaping and grading shall remain the after-condition. c) As a condition of any special permit for the placement, construction or modification of a wireless service facility,, a carrier shall place into escrow a sum of money to cover the 140 il il Il ,.il I I I I I I I I I I I I '1 il I I costs of removing the facility fi.om the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered 'to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carder and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more Once abandonment or d/sconfinuance has occurred, the cattier shall remove the fac/l/ty from the subject property w/thin ninety days. In the event that the cartier fails to remove the facility, the town shall give notice to the carder add the independent escrow agent that the facility shall be removed by the escrow i~gent forthwith and the escrow agent, after affording written notice seven days in adx;ance to the carder, shall remove the fa.dlity. Failure to follow the provisions of this subsection 8.9(9) shall result in a fine of not more than $300 'dollars for each offense. Each day that such violation continues shall constitute a separate offense. 10) Reconstruction or Replacement of Existing Towers and Monopoles a) Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of Section 8.9 this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the SPGA finds that such reconstruction, alteration, extension or replacement will not be substantially mom detrimental to the neighborhood and/or the Town than the preexistent non-conforming structure. In' making such a determination, the SPGA shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as OppOrtunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. 11) Perfor.~lance Guarante~ a) Insurance in a reasonable amount determined and approved by the SPGA aRer consultation at the expense of the applic, ant'with one (1) or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA. b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be 141 1 authorized to expend the funds for the maintenance of the facility on terms to be agreed upon by the carrier and the SPGA, as a condition of approval of the special permit. Annual certification demonstrating continuing compliance ~ the standards of the Federal Communications Commission, Federal Aviation AdministratiOn and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder. ]1 ]1 ]1 ]1 12) Term of Specini Permit A Special Permit issued for any wireless service fac'flity shall be valid for three (3) years. The special pe,afit may be renewed under the same criteria as the original special permit, provided=that the application for renewal of the special pe~frfit is made prior to the expiration date of the original or any renewed s .pedal permit: Additional measures governing the administration of the speci .al permit are found in Section 10.3 of this Zoning Bylaw. 11 SECTION 9 NON-CONFORM~G USF_~ 9.! Non-Conforming Uses Any non-conforming building, structure, or use as defined herein, which lawfully existed at the time of passage of the applicable provision of this or any prior by Law or any amendment thereto may be continued mbject to the provisions of this Bylaw. Any hwfiflly non-conforming building or structure and any hwfully non-conforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming, but tach building or use shall not at any time be changed, extended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated, or except as may be t~,luitted by a Spedal Permit or otherwise by'the North Andover Board of Appeals. Pre-existing non-conforming structures or uses, however, may be extended or altered, Provided that no such extension or alteration shall be permitted unless there is a finding by the Board of Appeals that such change, extension, or alteration shall not be substantially more &tfimental than the existing non- confo.lfing useto the neighborhood. When a pt:e-existing structure has been made non,COnforming due t° clmnges in the lot size required by this bylaw, such structure may be extended or altered based,°n a finding by the Zoning Enforcement Officer that such structure after the change meets all current zoning requirements except for lot size. (1995143) 142 I '1 I I I I I I I I I I I I I I I I 9.2 ' Alteration or Extension A use or structure housing a use, which does not conform to the r%,ulation~ of this Bylaw but which . did c~nform to all applicable regulations when initially establi.~hed shall not be changed, extended or enlarged except in accordance with the following provisions: 1. Such change shall be approved by a Special Permit or otherwise by the Board of Appeals.. Such change shall be permitted only.upon the same lot Ocoapied by the non-confomfing use on the date that it became non-con~%rming. Any increase in volume, area, or extent of the non- cunforming use shall not exceed an aggregate of more than twenty five percent (25%) of the original use. No change shall be permitted which tends to lengthen the economic life of the non-conforming longer than a period reasonable for the amo. rfizafion of the initial investment. Building After Catastrophe Any non-conforming building or structure destroyed or damaged by fire,, flood, lighting wind or othemise to the extent of sixty-five percent (65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose pe, mitted in that zoning district in which such building is located, or except as may be permitted by a Special Permit or otherwise by the Board of Appeals acting under G.L. Chapter 40A_ 9.4 Abandonment If any lawfiflly non-conforming building or m of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one confomfing with the North Andover Zoning Bylaw in the di~;,ict in which it is located, it shall thereafter continue to conforrfi. SECTION 10 10.1 Enforcement The North Andover Zoning Bylaw shall be enforced by the North Andover Building'Inspector. The Building Inspector, upon being informed in writing of a possible violation of this Bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. If the Building Inspector is so informed in writing and declines to act, he shall within fourteen (14) days of his receipt of such information give to his informant, in writing, his reasons for refraining from taking any action. The Building Inspector, on evidence of any violation 143 I after i~vestigation and in.~io~, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given ~ mail addressed to the 0wn~' at the address appearing for him on the most ~ real estate tax records OfNorth Andover, and to the occupant at the address of the premises of such seeming violatiO~t Iff after such notice and demand, such violation has not been abated within the lime specified, the Building InspectOr or thc SeleCtmen sh~ll institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain, Ot abate any violation of this BYlaw. 10.1.I Building Permit No building sh~ll be erected, altered, moved, razed or added to in North Andover without a written permit issued bythe Building Inspector. Such permits shall be applied for in wrMng to the Building Inspector. The Buil~ Inspector shall not issue any such permit unless the pians for the building and the intended use thereof in all respects thlfill the pr~ovisions of the North Andover Zoning Bylaw (and other applicable Town Bylaws) exc~t as may have been specifically perm~ed otherwise by action of the North Andover Board Of Appeals, provided a wdtten copy of the tenm governing ~ exception so permitted be attached to the application for a building permit and to the buiirlin~ permit issued there/or. One copy of each such permit, as issUed, including any conditions or exceptions attached thereto, shall be kept on file in the Office of the Build~ T n-~ctor. In addition to the information required above, a plot plan sh~ll indicate provisions for all other physical requirements of th/s Bylaw, including but not lira/ted to off-street park/ng, ~ and fencing. Upon granting a permit the Building Inspector shall cause a copy to be posted on the property to which it relates in a conspicuous place. 10.1,2 Certificate of Use and OccupanCy No building hereafter erected, enlarged, extended, or alte~d shall be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the Building Impector. No building or land changed fi-om one use to another, in whole or in part, shall be occupied or used until a certificate of use and occupancy has been issued by the Building Inspector. This cerlificate ~ certify compliance with the provisions of this Bylaw and of all applicable codes (1974). 10.1.3 Penalty for Viohtion Whoever continues to viOlate the provisiora of this Bylaw after v, sltten notice from the Building Inspector demanding an abatement' of a zoning viOlation within a reasonable time, shall be subject to a fine of three hundred dollars ($300). Each day that such violation continues shall be considered a separate offense. (1986/15) 10.2 Board of APpcals 144 ! I I I I I I I I I I I I I I I I I I I I I 10.2.1 Appointment and Organization Ther~ shall be a Board of Appeals of five (5) members and not more than three (3) Associate Members, which shall have and exercise all the powers provided under G.L. Chapter 40Phand which shall hear and deride all matters specifically referred to the Board of Appeals by the North Andover Zoning Bylaw and other matters referred to such Board by statute. The Board of Appeals membem and Associate Members shall be appointed by the Selechnen in the manner provided by statute. Within two (2) weeks of the beginning of each calendar year, the Zoning Board of Appeals shaft organize and elect a Chairman and Clerk from within its own membership. The length of terms of the members of the Board of Appeals shall be such that the te~n of One member expires each year. A member of the Board of Appeals may be removed for cause by the Board 'of Selectmen only after written charges have been made and a public hearing has been held. 10.22 Powers of the Board 9fAppeais The Board of Appeals shall have the following powers: 1. To hear and decide actions and appeals as provided herein; To hear and decide applications for appropriate Special Permits and variances which the Board of Appeals is required to act upon under this Bylaw. 10.3 Special Permit The Special Permit Granting Authority shall adopt rules and regulations for the conduct of its business relative to the issuance of Special Permits. A copy of these rules and regulations shall be filed with the Town Clerk. The roles and regulations shall contain, as a minimm'a, a description of the size, form, contents, style and number of copies and number of plans and spedficatiom to be submitted and the procedures for submission and approval of Special permits. The Special Permit Granting Authority may grant a Special permit within the framework of this Bylaw only after holding a public hearing which must be held within sixty-five (65) days after the applicant files for tach Special Permit. The sixty-five (65) days period shall be deemed to have begun with the filing of the application with the Spedal Permit Granting Authority. The applicant is responsible for txanmfitting a copy of the application for a Special Permit within twenty-four (24) hours of the filing of the application with the Planning Board or the Board of Sdecis-nen and to the Town Clerk If an application for a Special Permit is to be filed with the Board of'Appeal, the applicant shall file the application with the Town Clerk, who shall transmit the application to the Board of Appeals within twenty-four (24) hours. 145 I 103.1 .Conditions for Approval of Special Permit 1. The Special Penrfit Granting Authority shall not approve any such application' for a Special permit unless it finds that in its judgment all the following conditions are met: The specific site is an appropriate location for such a ~ structure or condition; The use as developed will not adversely affea the neighborhood; c. There will be no nuisance or serious baz~ to vehicles or pedestrians; Adequate and appropriate facilities will be provided for tho proper operation of the proposed use; The Special Permit Granting Authority shall not gram any Special permit unless they make a specific finding that the use is in harmony with the general put'pose and intent of this Bylaw. In approving a Spedal Pea,fig the Special Pern~ Graining Authority may attach such conditions and safeguards as are deemed necessary to protect the neis, hhorhood such as, but not limit~ to, the following: Kequkements of fi'on~ side, or rear yards greater than the minimum required by ~ Bylaw. Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by w~ll.% fences, planting, or other devices as specified by the Special Permit Granting Authority. c. Mod_itleation of the exterior features or appearances of the structure; LimitatiOn of size, munber of occupants, method or time of operation, or extent of facilities; ¢. Regulation of number, design and location of access drives or other tr, mc features. Special Permit granted under the provisions contained herein shall be deemed to have lapsed at, er a two (2) year period from the date on which the Special permit was granted unless substantial use or construction has commenced. If the applicant can show good cause why substantial use or consUuctioa has not commmc~ within the two (2) year period, the Special Permit Granting Authority, as its dis&etion, may extend the Special Permit for an additional one (1) year periocL Included within the two (2) year period stated above, is the time required to pursue or wait the determination of an appeal fi'om the provisions of the Bylaw. 146 I I I I I I I I I The Special-Permit Granting Authority may~ within the guiddines for Special perna~ contained herein, allow tory uses whether located on the same lot as the principal use or not, wher~er nece~ in connection with sdentific research, scientific development or rdated production provided that the Spedal Permit Granting Authority finds that the proposed accessoqt use does not substantially derogate fi.om the public good. Within (90) days following the date of the public hearing the Special Pen,fit Graining Authority shall take final action in the matter in order to :issue a Special Permit provided for in this Zoning Bylaw. There shall be at least four (4) of the five (5) members of the Granting Authority voting in favor of issuing the Spedal Permit. I I I A Sp~ial Permit granted under the provisions of this Bylaw shall not take eff-~t until: The Town Cleric certifies on a copy of the decision that twenty (20) days have' elapsed without filing of an appeal or that any appeal filed has been dismissed or denied; bo The certified decision has bzza re~orded at the owners exp~e in the Essex County Registry of D~..zd's indexed in the grantor index under the name of the record owner, and noted on the owners Certificate of Title; ffthe Special Permit involves registered property, the decision, at the owners expense shall also be fled with the Recorder of the Land Court. I 10.3.2 Temporary Permit The Board of Appeals may grant a temporary Spedal Permit'for us~ or occupancy permit for a period I year at a time, subject to a single permits subject to of not more one (1) renewal. Such shall conditions imposed by the Board related to safeguarding the character of the c~.hlct affected and shall be processed in accordance with the procedures provided herein for the granting of Special Permits. I 1 0.4 Variances and Appeals I The Zoning Board of Appeals shall have power upon appeal to grant m fi'om the terms of this I I I I Zomg Bylaw where the Board finds that owing to circumstance~ re!~ng to soil conditions, shape, or topography of the land or structures 'and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise, to-the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intea~ or purpose of this Bylaw. Additionally, an appeal may be taken to the Zoning Board of Appeals as provided herein by a person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector, by the Merrimack Valley Planning Commission, or by any person including an officer or 147 Board of the Town of North Andover, or an abutting city or town, aggrieved by an order or decision of the Building h~naor or other admini~ixaive offidals in violation of any provi~/qn of this Bylaw. Any'petition for an appeal above must be taken within thirty (30) days of the d,te of the order or decision that is being appealed by filing a notice of appeal, specifying the grounds thereof with the Town Clerk, who shall forthwith transmit copies of the appeal to such officer or BoarcL, whose order or decision is being appealed, and to the Zoning Board of Appeals. Such officer or Board shall forthwith transmit to the Zoning Board of Appeals all documents and paper comtkating the records of the case in which the appeal is tak~ No petition for a variance or appeals shall be granted until a public heating is held on the matter by the Zoning Board of Appeals within sixty-five (65) days at~er the Zoning Board of Appeals receives the petition fi'om the Town Clerk The Zoning Board of Appeals must make its decision on a petition for a variance or appeal within seventy-five (75) days after the elate of the p~tition is filed with the Town Cleric In order to grant a petition for a vaxiance or an appeal, four (4) of the five (5) membexs of the Board nm.st concur. If the Zoning Board of APpeals fails to act within the time limits specified .herein, the petition'for a variance or appeal shall be deemed granted. In the case of a variance, the Zoning Board of Appeals may impose conditions, safeguards and limitations of time and use, however, these conditions cannot require continued ownership of the land or structure to which the variance pertains by the applicant, petitioner, or owner. Furthermore, if the rights anthofized by the variance are not exercised within one (1) year of the d~e of the grant, they shall lapse and may be m-established only a~e~ notice and a new hea~. q The Zoning Board of Appeals shall cause to be made a detailed record of its proceedings indicating the vote of each member upon each question, or if absent or flailing to vote, indicating such fact, and setting forth cindy the reason or ~__x~ns which shall be filed within the fourteen (14) days in the office of the Town Clerk and shall be a public reCOrd. Notice of the decision shall be mailed forthwith to the petitioner, applicant, or appellant, to the parties in inte~est designated herein, and to every l:~rson present at the heating who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be filed within twenty (20) days ~er the claxe of filing of such notice in the office of the Town Cleric The decis/on shall also contain the names and addresses of the owner, and identi~ation of the la~A and/or structure affected (if a variance procedure - how the variance complies with the statutory requirements for issuing a variance). Certification that copies of the decision have 'been filed with the Planning Board and Town Clerk are requked. 148 i'll 31 ]1 11 ]1 ill !ll II ! I I I I I 10.5 Amendments to Zoning Bylaw This ~Bylaw shall be adopted and shall be amended fi.om time to. time by a two-thirds vote at an arm, is! or spedal town meeting. Amendments to this Bylaw may be in/6'_'ot_ed by submission of the amendment to the Board of Selechuen by any of the following: a) Board of Sele~nen; b) Zoning Board of Appeals; ¢) byan individual owning land to be affected by the amendment(d) by request of registered vOters of the town purmmnt to Section 10, Chapter 39 of the'Mass. General Laws; e) the planning Board; and f) by the Merrimaek Valley. Planning Commissiom ! ! ! 10.51 Submission of Amendment to Planning Board Within fourteen (14) days of the receipt of an application for an amendment to this Bylaw, the Board of Selechnen shall submit the propOsed ame.n, dment to the Planning Board for review. The Planning Board shall hold a public hearing on any North AndoVer Town Meeting Warrant Article to amend the Zoning Bylaw or the zoning map and. shall report its recommendations thereon, if any to the Town Meeting. I I I. Each warrant article to change the zoning map shall explicitly state the na_.~re, extent, and location of the map change propOsed and shall be accompanied by: Three blackline prints ora diagram to scale showing and stating dearly the dimensions in feet of the land area proposed to be chonged as to zone; · Also a sketch or other explicit identification of the location of such land in relation to the majority of the rest of the town. 10.52 Public l~earing I I I I I Within sixty-five (65) days after receipt of a proposed amendment from the Board of Sele~hnen, or within sixty five (65) days after the receipt of an application for a Special l~ea-alt, the Planning Board or Zoning Board of Appeals, as the case may be, shall hold a public hearing notice of which shall be published in a newspaper of general circulation covering the town once in each. of two (2) successive weeks. The first publication may not be less than fourteen (14) days before the day of the hearing (the date of the public hearing shall not be counted in the fourteen (14) days). Additionally, notification of the public hearing shall be posed in a conspicuous place in the North Andover Town Hall for a period of not leas than fourteen (14) days before the date of the hearing. Further, notification of the pub!lc hearing shall be sent to the Massachusetts Depa, t~.ent of Community Affairs, the Merrimack Valley Planning COmmission and Planning Board of all abutting dries and towns prior to public hearing date. Notice of the public hearing shaft include: a) the time and place of hearing; b) the subject matteg, c) the place where texts and maps may be inspected. I 149 I 10.53 Report by Hanning Board No vote to adopt the pr°posed amendm~-~t sb~11 be taken by the Town Meeting until the report with recommend~ons by the Planning Board has been submitted to the Town Meeting or until twemy-one (21) da~ after said hearing has elapsed without submission of said reports or submissions. After such notice, hearing, and report, or afer twenty-one (21) days shall have elapsed afer such hearing, without submission of SUch report, the Town Meeting (arm-si or special) may adopt, reject, or amend any such proposed amendment. ff any proposed Bylaw amendment thereto isl acted UpOn unfavOrably by the Town Meeting (annual or special); it stnll not be acted upon again for a period of two (2) years from the date of the unfavorable action unless the Planning Board recommends in favor, of the petition in the report. 10.56 Procedural Defects ' In accordance with Chapter 40A, n° Claim or invalidity of this Bylaw or any amendment to this Bylaw arising out of a possible defect in the procedure of adoption Or amendment shall be made in any legal proc~dLng and no state, regional, county, or municipal officer shall refuse, denY, or revoke arty permit, approval, or certific~e because of any such claim of invalidity unless such claim is made within one hundred twenty (120) days after the adoption of the By[aw or amendment. Notice specif34ng the court, parties, invalidity claim, and.~e of filing is filed together with a copy of. the petition, with.the Town Clerk within seven (7) days afer commencement of the actiott 10.57 Effect of Subsequent Amendments la the case of amendments to this Bylaw or changes in the districts or the boundaries subsequent to the date this Bylaw becomes eff~tlve, the right to continue the use or r~slntenance of any building, structure, or premises which was lawful when SUch am .end,. ~,m~. or change, except as provided by statute, specifically:, that construction or operations under a building permit or Special Permit shall · confon-n to any subsequent amendment unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit, (the a_~t_e of issuance shall be considered to be the date on which the building po-~;~t was issued or in the case of a Special Penv. it, the date on which the planning Board voted final action) and in cases involving consh'uction unleSS such construction is contained through completion as continuously and expeditiously as is reasonable. 150 '1 ii 10.54 Failure to Adopt If the Town Meeting fails t° vote to ad°pt an/proposed Bylaw amendment within six (6) months after hearing is held with notice and report as heretofore provided. 10.55 Repetitive Petitions I I I I I I I I I I I I I I I I I I 10.6 Conflict of Laws In ge~era~ this Bylaw is supplementary to other North Andover Bylaws affecting the use~ height, area, ~and location of buildings and structures and the use ofpreufises. Where this Bylaw imposes a greater restriction upon the use, height, area, and location of buildings and structures and the use of premises than is imposed by other Bylaws, the provisions of this Bylaw shall control. 10.7 Validity The invalidity of any section or provision of this Bylaw shall not invalidate any other section provision thereof. ~0.8 Repetitive Petitions When 1) the Planning Board denies an application for.a Special Permit; or 2) the Board of Appeals denies a petition or a variance9 no application on the same matter may be heard and acted favorably upon for a two (2) year period unless the following conditions are met: In the case of 1) above, four (4) of the five (5) members of the Planning Board find that there are specific and matel~al changes ili the conflitiom upon which the previous unfavorable action was based, and describes such changes in the records of k proceedings, and only at~ a public hearing at which such consent will be considered and al~er notice is given to the parties in interest. In the ease of 2) above, the Zoning Board of Appeals may not act favorably upon a petition which has been previously denies within a two (2) year period of time unless four (4) of the five (5) members of the Zoning Board of Appeals find that there are specific and material changes in the conditions upon which the changes in the records of its proceedings and only atter a public hearing, held by the Planning Board, at which consent to allow the petitioner to re-petition the Zoning Board of Appeals will be .considered and ~er notice is given to parties in interest and only with four (4) of the five (5) members of the Planning Board voting to grant consent. 10.9 Withdrawal Without Prejudice Any petition for a variance which has been transmitted to the Zoning Board of Appeals or any application for a Sl~ial Permit which has been transmitted to the Planning Board may be withdrawn, ,adthout prejudice, by the petitioner prior to the publication of notice of a public hearing thereon, but ~thereaftcr be withdrawn without prejudice only with approval (majority vote) of the Zoning BOard of Appeals or Planning Board respectively. 151 I SECTION ti PLANNIt. Il DEVELOPMENT DISTRICT ILl* JuriSdiction The Planning Board may grant a Special Permit loc constructiOn of a PDD in the following district: I-S. The Special Permit shall conform to this Bylaw and t° G.L. C~ 40A, Section 9; and to regulations which the Planning Board shall adopt for canying out its duties hereunder. Except as set out hereunder, or in the Planning Board's regulations, or in a specific permit granted hereunder, the provisions of the Zoning Bylaw shall continue to govern 11.2 Purpose The purpose of the PDD District is to provide for a mixture of land usage at designated locations at greater density and intensity than would normally be allowed provided that said land usage: 1: Does not de~ract from .the livability and aes~etic qualifies of the'environment. ill + Is consistent with the objectives of the Zoning Bylaw. Promotes more efficient use of land while' protecting natural resources, such as water reaaa:es, wetlands, flOodplaira, andwildlife. Promotes diverse, energy-efficient housing at'a met,/of costs. l~rocedlll'e~ 1. Pre-Application Conference Prior to the submission of an apPlicatiOn for a Spedal permit, the applicant at his- option may confer with the Pla~ing Board to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and othe~ data~ 2. Submission of Prdimina~ Plans The applicant shall file a pr 'ehmina~ plan aczo~ by the form titted "SubmisSion of Pr~ Plan, Planned Development" to the Planning Board at a r ularly scheduled meeting. A copy of the prdiminary plan and the above form shall also be filed in the Office of the Town Clerk. The Planning Board, within sixty (60) days from receipt of the plan by the Town Clerk, shall review and determine whether the proposed project is consistent with the most suitable development of the town. The Planning Board may suggest modifications and changes to the preliminary plan in 152 I I I I I I I I I I I I I I -I .I I I anticipation ofthe ffiag oftl~ definitive plan~ ffthePlanning Board fails to act within sixty (60) days, the applicant may proceed to file his definitive pla~ ' Contents oflh'ellminary Plan: Planned Devdopment District: Planned Development Boundaries, north point, date, scale, legend, and title "Preliminary Plan: Planned Development:, the name or names of applicants, and engineer or designer. Names of all abutters, land uses, and approximate location and width of all adjacent In a general manner, the e~ting and proPosed lines of streets, ways, easements, and of any public areas within or next to the Planned Development. The approximate boundary lines of existing and proposed lots with approximate areas and dimensions. The proposed system of drainage, including adjacent existing natural waterways and the topography of the land in a general manner. Existing and proposed buildings, significant ..uuctures and proposed open space in a general manner. An analysis of the natural features of the sit~, including wetlands, floodplains, slopes over 12%, soil conditions, and other features requested by the Planning Board. A description of the neighborhood in which the tract lies, including utilities and other' public facilities and the geneaal impact of the proposed PDD upon them. i. A smmnavff of environmental eonc~s relating to the PDD. Submission of Definitive Plan: The applicant shall submit an application for a Special Permit aCC°mpanied by the original of the definitive plan plus twelve (12) copies thereof. Contents of Definitive Plan- The application for a Spedal Permit and Site Plan RevieW shall be accompanied by the original copy of the definitive plan and other data required to be submitted in triplicate and shall contain the following 153 All ite/ns in 'Conte~s of the Preliminary Plan:..Planned Development Di~h.~' (a through and It sl~ be drawn at a scale of one inch equals forty feet unless :another .scale is requested and found suitoble by the Planning Board. The plan sb~ll be prepared by a land surveyor, p~ofessional engineer, or architect. The scale, date, and north arrow shall be show~ The plan shall be certified'by the land surveyor doing the boundary survey and the professional engineer or architect on the location of th~ buildings, setbacks, and all other required dimensions, devations, and meamreme~ and shall be signed under the penalties ofperju~. The comer points of the lot and c .hange of direction of lines shall be marked by stone monuments, cut in stone, stake and nail, iron pin, or other marker and sba_Il be so marked. Lot number, dimensions of lot in feet, size of lot in square feet, and vAdth of abutting streets and ways. g. Easements within the lot and abutting the~eorL The loc.~ion of existing or proposed ~ or~ the lot.. The location of existing wetlands, wat~ bodies, wells, 100 year floodplain eleVation and other natural features requested by the Planning Board. The dimensions of the existing and proposed buildings in feet The distance of existing and proposed buildings fi'om the lot lines and the distance betwee~ buildings.on the same lot. 1. Percent of the lot coverage. ri. Average finished grade of each proposed building. The elevation above average finished grade of the floor and ceiling of the lOwest floor of each proposed building. Existing and proposed topographical lines at two (2) foot intervals. 154 .I ! i p. The use designation of each building or part thereof; and of each section of open ground, Pla,a, or usable roof space, Numbering of parking spaces. Height of all propor~l buildings, above average finished:grade of abutting streets. Number ofapa,hnents, meeting rooms, and restaurant and theater. Total square feet of floor space of all landscape and recreation areas;-and depiction of materials tO be used (grass, 5-foot shrubs, etc.). u. Deed or other recorded instrument that shows the application to be the owner or owner under option of the land to be designated as a Planned Development. I !1.4 Minimum Requirements The Plan shall be subject to th~ following conditions an the Planning Board shall make a determination that the project meets all the following conditions: 1. The project is consistent with the purposes set out in Section 2. If more than twenty-five percent (25%) of the PDD is located within a resideraial district, at least fifty-one percent (51%) of the building area and accessory fa 'cflities in the PDD shall be used for residential purposes. Ingress and egress for traffic flow is designed properly so that there will be no serious bayard to vehicles or pedestrians. Adequate parking facilities are provided for each use and shucture in the development. Major facilities or funcfiom which require citing within scenic areas are d ,esigned to be visually compatible with the natural or historical characteristics. The project does not adversely affect the natural environment to the detriment of community character and public healfh and safety. 11.5 Permitted Uses In a Planned Development District, the follOwing uses are permitted: 1. Residential 155 'd. 11.6 PDD Site Area No PDD shall be p~a-afitted on a site of less than 60,000 square feet b. Apatuncnt Houses ow aouses c. General retail sales and service (except retail sales of automobile, mobile homes, house trailers and except automobile sen4ce station). Banks and ~'~. ~ se~ces. Business and Pr°fessi°nal °flice~' f. Per~o~J s~rvie~. Irdustrial Use a. Any uses which the Planning BOard determines are nOt injurious to the safety or general welfare of the are~ In all PDD's, at least twenty percent (20%) of the land shall be set aside as permanent usable open space, for the use of the PDD residents, or for all PDD users, or for the comrm~nlty.. The required il open space shall be conveyed'to the Conse~t~on Commission or to a non-profit conservation ~ organization, or to a corporation to trust representing persons responsible for the PDD, and shall be protected By a conservation restriction as required by G.L. Chapter 40& Section 9 for common open :l space in duster developments. A covenant shall be placed on the land such that no part of the PDD 156 I I I I I I I I ! I I I I I I I I i I can be built, sold~ or occupied until such time as a satisfactory wfitien agreement has been executed for protection of thc open space. Setback Requirements Insofar as the PDD abuts a residential district, all proposed structures and facilities within the PDD shall be set back not less than twenty-five (25) feet fi.om adjacent property lines or adjacent street lines where the PDD shall be separated or shielded fi.om adjacent property lines by means of a buffer, fencing; setbacks, or appropriate landscaping. 11.7 Relation to Subdivision Control Act Approval of a Special Peat, it hereunder shall not subS&ute for compliance with the Subdivision Coaa-ol Act, nor oblige the Planning Board to approve any related= definitive plan for subdivision, nor reduce any time period for Board conside~on under that law. However, in order to facilitate processing the Planning Board may insofar as. practical under existing law, adopt regulations establishing procedures for submission of a combined plan and application which shall satisfy this section and the Board's regulations under the Subdivision Comxol Act. SECTION 12 LARGE ESTATE CONDOMINIUM CONVERSION 12.1 Purpose Tho purpose of this subsection is to permit ~ buildings or large tracts of land in Residence Districts 1, 2, and 3 to be converted to single family condominium dwelling unit compatible with such residence districts, to create new housing involving rdafively little new construction, to generate tax revenue to the Town, to preserve existing buildings, to preserve the residential character of the Town and to preserve open space in the Town. In order to provide for development that is compatible with Residence Districts 1, 2, and 3; which districts are primarily for single family residences, the conversions to dwelling units under this subsection are to condominium dwelling units, which can be' separately owned, and are therefore a ~ of development similar in character to other development in such dishicts. 12.2 Requirements Properties meeting the following requirements shall be eligible for consideration for a condominium conve:-sion Special Permit: Parcels with one (1) or more existing buildings in a Residence 1, 2, or 3 District ofnot less than ten (10) acres and with not less than one hundred and fifbj (150) feet of fi.ontage on. the public way. 157 I o Any ~ located on a lot of record as of April 24, ! 982 may be cbnverted to condominium dwelling units. ~ The total number of dwelling units that can be created under a condominium conversion Special Permit shall not exceed n-2, where "n' is the number of acres in the parcel. Each condomira'um dwelling unit shall be an independent dwelling unit intended for use by a single family, with its own bath and ~ facilities ava its own k~tchev~ The average sq?xe foot_sge of the interior living space of the units shall be not less than eight hundred, and fifty (850) square feet Per unit. No building (including both buildings converted to condominium dwelling units and other buildings not converted to c6ndominium dwelling units) shall be externally enlarged except with the approval of the Planning Board, and in no event shall such enlargement add to any one building more floor area than a number equalto five perce~ (5'/0) of the above grade floor area of such buildin~ the floor area of porches .and decks to be included in the calculations of floor · No new building for dwelling purposes may be built on the parcel. New sh tsetures maybe built pursuant to paragraph 8 (b) below~ Parking requirements are subject to Section 8 of the Zoning Bylaw. For the purposes of this subsection, 'open space" shall mean all the land on the parcd except that land oompied by buildings to be converted to condominium dwelling units and existing buildings to be used for parlcing pu~ses. To insure that preservation of open:space, the following requiremetlts shall be m~: Open space may be used fOr the following purposes: flowe~ gardens, gardens, land~pix~, requii~d ~ roadways anddfive~vays reasovnhly.necessary for the development, under, round utilities, recreation not requiting any facility or: structure, and land lef~ in its natural state. The open space may be used for other purposes. permitted in the residenc~ district if approved by the Planning Board as consistent with the condominium devdopment and character of the neighborhood~ bo On open land all facilities and ~uactures for accessory purposes (tach as swhnming pools, tennis courts, garages, carports, parking areas, lamp posts, s~all sheds for tools or sports equipment, fences, including the kind enclosing a tennis court or swimming pool, bathhouses, and other accessory~ structures.for accessory purposes) shall be subject to the approval of the planrfin~ Board as to their rannber, design, locations, uses, and sizes; provided, however, that all tach facilities and structures, including roadways and driveways, shall not involw the use of more than twenty percent (20%) of all of the open land on the pared. I I I ! I I i I i All new utilities, including wiring for fights on open space' paths, and driveways, shall be placed underground. 12.3 Contents of Application An application for a condominium conversion Special Permit shall include the following: Proposed Master Deed and proposed plans to be recorded therewith, including floor plans, at least one (1) elevation for each building being converted to dwelling units, and a site plan for the parcel locating at least each building roadways and driveways, parking, recreation facilities, utilities, and accessory facilities and structures. Proposed Bylaws. I I i ! I ! 3. A sample proposed Unk Deed. A locus plan showing, the parcel and all iaad immediate~ adjace~ thereto, including nearby buildings and structures, 5. . Such other pla~ photographs, models or devations as the Planning Board shall reasonably deem necessary or appropriate to help understand the proposal. 12.4 Change in Application ARer a condominium.conversion Special Permit has been granted, any change in the location or use of a building, any enlargement of a building any material exterior restoration, any material change in the use of open space, or in the facilities or structures thereon, shall not be permitted except upon an amendment to the Special Permit which shall be upon petition of the Planning Board and after a public hearing (with the provisions of Paragraph 12.5 applying) and upon a finding by the Planning Board that the proposed change_or changes do not substantially derogate from the intent and purpose of this subsectior~ I 12.5 Review by the Planning Board I il I I Prior to recording, a Special Permit granted under this section shall be subject to the review by the Planning Board of the final plans, and of the Master Deed, and plans to be recorded therewith, and Bylaws, as they are to.be initially recorded, which final plans, Master Deed, plans and Bylaws shall all be substantially .the same as those approved with the Special P~amit in all respects material to considerations relevant,to the Special Permit, in which case the Chairman of the Planning Board shall endorse copies of such final plans and such Master Deed, plans and Bylaws having received final review and approval under this subsection, which endorsement shall be conclusive evidence thereof. Thereai~er, the Master Deed and plans recorded therewith, and Bylaws may be amended without Planning Board approval; provided~ however, that an amendment to the Special Permit shall be ]_59 I required for those matters specified in Paragraph 12.4 thereof. Any amendment to the Master Deed and plans reCOrded therewith and Bylaws related to an amendment to the Special Permit shall be endorsed by the ~ed District (s) with greater flexibility from the pattern otherwise permitted in SECTION 13 CONTINUING CARE RETIRE1VIENT CE~ 13.1 Establishment There is estab~a Co~ Care Retirement Center (CCRC) asa permitted use under the Spedal Permit provision of this Bylaw. Such pea-rffitted use may only be authorized in existing Residence 2 and V'dlage Residential Diauicts. A CCRC pared may include an adjoining parcel ofland which is in the Residential-I District, providing that no devdbpment shall be permitted in the Residential-1 portion. The authorization will empower the Planning Board to review and approve a d~nitive plan under the Special Permit provisions in Section 10.3 and as in otherwis~ provided for in this sectio~ A'CCRC shall include a nursing home care'facility and .congregate housing units and may also include independent dwelling units avA. assisted living units, A CCRC may also only include any or all.of the foregoing homing types provided it is affiliated with a nursing home. 13.2 'Purpose The purpose of the CCRC is to provide for the development and use of specialiT~l housing and nursing care for the elderly on the basis of the Planning Board to issue a Spec/al Permit in the permitted District (2) with greater flexibility from the pattern otherwise permitted in such districts. It is intended to create health care, indudlng home health care, homing and other supportive services designed to meet the needs of the elderty 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 alteamtive to existing m~tsing and housing posm'bitlties for thc elderly, the CCRC is intended to allow for a greater mixtur~ of buildings,' structures and :uses' with regard to dens~ than is othem/se pemfitted thereby allowing for the nursing care of the el&dy and the relief of the physical, economic and emotional stress assodated with the maintenance and care of traditional nursing home and residential properties. 13.3 b~ 11 Defmitiom Nursing_ Care FaCility. A facility for the care of eld .edy persOns requiring regular attention by medical or nursing P~onnel for reasons of age, ill health or physical incapacity and which has b~-n licensed as a long=term care facility by the Massac~ Department of Public Health. Housin~ UnitS. Dwelling units providing private or communal living for ddefly I ' Co _nm~gate persons who ordinarily are ambulatory 'and require no or limited medical mention or supervisioa 160 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. _Independent Dwelling Unitq. Dwelling units similar in character and use to congregate housin4g units and prodding elderly residents of such units with access to all supportive services provided in congregate housing units. Independent dwelling units may only consist of flee-standing buildings whichcontain up to five (5) dwelling units per structure. Assisted Livin U~. Dwelling units for elderly individuals or couples in need of assistance with activities: of daily living. Such dwelling units may not include facih'ties for cooking or eating. ..Elderly_. A single person who is 62' years of age or older, or two or more persons sharing a household, the older of whom is 62 years of age. or older. Wetlands. Any area within a pared ofland'in a CCRC falling within the definition contained in Chapter 131 of th~ General, Laws of Massaehusetts as anaended from time to time, or any regulations promulgated pursuant to said chapter. Home Health Care. Medical and therapeutic services provided to residents in thdr dwelling units. 13.4- Permitted Uses Principal uses. The followinff uses shall be permitted in a CCRC: 1. Nursing care facilities; 2. Congregate hous~lg units; 3. Independent dwelling units; 5. Home health care; Facilities for supportive services, including, but not limited to medical, rehabilitative, recreational, social and nutritional programs, dining and function rooms, kitchens 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 comm, nity of North Andover and environs. !3.5 &. bo Any otl~r use deemed reasonably necessary or ancillary by 'the :Planning Board to fadlitate the uses described above, meaning and intending to permit those services and programs customarily offered in CCRC. Standards and Restrictions Ivfinimum Lot Size. A CCRC shall be permitted only within a single lot containing a total area of not less than rwenty-f~v~ (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 sanmmeaning. Permissible Densiw. 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 Diahi~t and five (5) units per acre ina parcel which is located within the Village Residential District ex~lmive of the nursing care 'facility. When a parcel is located in a .coml~in.' ed portion of either the Reside-2 and Resid~ti_al-1 or the Village Resid~tial and Residential-I Districts, .a density factor of 2 units per acre shall be applicable to the portion [ri the Ri~'dential-! District. However, in no instance shall any development such as the construction of buildings, roads and parking lots be permitted in the R~id~n~al-l Diaixict nor shall any developa-,e,~ in Resid~.tial-2 or Village lt~sidential DMsict adversely impact the Residential-1 District. For parcels which are located in a. combined portion of the Residential-2 and Vdlage Residential Districts, the permissible 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 ration of the entire project exceed 0.25, nor shall the total number of dwellin$.units exceed 250 for any parcel regardless of total acreage or density bonuses provided under paragraph 6. Maximum Lot Coverage. In no event shall the maximum lot coverage of buildings and structures exceed twenty-five (25) percoa. 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 (t00) feet of perimeter tines of CCRC parcel. Common open space lying within a setback area ~11 qualify as fulfilling this requkement. A perimeter landscaping plan shall be subrnitted 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 Kesidcnfal-1 162 i 31 11 I I I Di~ulct if it is consistent with the objective of screening the CCRC from existing or potential residential development 1Wunirnum~. Frontage on any public street or way shall be one hundred fitty (150) feet, except on Route 114 where for reasons of public safety, the minimum fi'ontage shall-be two hundred fi/ty (250 feet). ~. The height of any s~ructure shall not exceed three O) stories and in no event more than thirty-five (35) feet, excluding bulkheads, chimneys, flagpoles, mechanical penthouses, and similar traditional roof appurtenances. Further, the PI~ Board may exempt ornamenial or non-habitable architectural features added for aesthetic purposes. Common O_r~n S_t~e Land within the CCRC parcel or lot which is not specifi~ reserved for the support of the CCRC facilities and which is not covered by buildings, roads, driveways, parking areas, or service areas which is not set aside as private yards, patios ~ gardens for residents shall be Common Open Space. Further, all Common Open Space shall be open and unobs~xucted to the sky;, flagpoles, sculptures, benches, swimming pools, tennis courts, a~hams, trees and shnib, r objects shall not be considered obstructions. The area of Common Open Space shall equal at least fifty (50) percent ofthe total area of the CCRC parcel or lot and no more than.twenty-five (25) percent of the minimum required Con'anon Open Space shall be situated within wetland~ The Common Open Space shall have a shape, dimension, chaJacter and location suitable to enable its enjoyment and use for conservation, recreation and agriculture purposes by the residents of the CCRC. Further a permanent conservation resifiction 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 respects to the Common Open Space. Such restrictions shall provide that the common open space shall be retained in perpetuity for one or more of the following uses: .conservation, recreations or agriculture. Such restriction shall be in a form and substance as the Planning Board shall prescribe including the management of said conservation resuicfion 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. Parking. The minimum number of parking spaces provide in connection with the uses permitted under this section shall be as follows: ~. One parking space for ~ sleeping room for single or double occupancy. Congregate Housing Assisted Housing and Ind _ep~dent Dwelling Unkq. One parking space for each unit. 163 I h. 13.6 ~.. 'The Planning Bo~d shall have the discretion to waive the applic.~lt's compliance with these parking requirements provided that the applicant's plans demor~i~te the .capacity to fi.dly comply with all other requirements of'Section 1:3. Public Safety. The Planning Board shall require atI:CCRC applications to include statements, drawings md/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 requiremer~ 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). Public SeWer. An CCRC projects shall be connected to the public sewer system The North Andover Department of Public Works shall review all proposed sewerin8 plans and report as to their adequacy to the Planning Board. BonUSes Affordable Ho~_~_na. For ali CCRC's the total number of allowable dwelling units may be increased up to 50%; if the applicant desigtntes 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 q, alified to receive federal or state rental assistance or subsidies for reducing mortgage payments in accordance, with ineom~ and assets limitations established by the autho 'r,,ing stm~ or federal agency. The applicant amy ctmose to meet affordable housing requirements directly by utilizing sknilar income ~KI assets stamdards and establishing rents, sales prices or emry feed for u~jts which ~ determined to be generally consistent with those established under the various subsidy pro~ms. For this pu~ose, the Planning Board in consultation with the Housing. Authority, any establish rent, camjing char~ maintenance fee, sales price or ~my fee in order to meet the requirements for affordable housing. Such units shall be rn~in~ as affordable ho-~ng units for the life of the CCRC development. In the event tim the applicant is unable to meet its Obligations in the ~ prescribed above, or as an alternative program, the Planning Board may allow the applicant to couhibute funds, in lieu ofl~ng units, to the: Town, Housing Authority or any public or non-profit agency which is ~rd~ofized to devdop or support ~ffordable ho;;6ng for the ddedy. The rate of contfibulion shall be two (2) dollars per square foot of gross floor area of all buildings and s-ms:ua-es exclusive of pools and parking. The granting of this density bonus shall not exempt the appli~nt fi~m meeting.any of the other requirements of this or other referenced section of the Bylaw. Open Space: The total number of allowable dwelling units may be increased by 15% if the proposed CCRC provides 75% usable open space consistent with the definition of open space in this section. The granting of this bonus density shall not exempt the applicant fi'om meeting any of the other requirements of this or other referenced seOions of the Bylaw. ~64 I I ! I I I I I I I I I I i I 13.7 Approval a. FacUlties proposed to be bu~t ha a CCRC sha~ be subject to the following procedures: The applicant shalt be required to meet with the Planning Board to discuss the provisions of Section 13 and other referenced Seclions, the dements of the proposed development and the requirements and specific provisions of the pre'hminasy site plan to the Planning Board for its review and recommendations. The applicar~ will be required to submit a "DetinitiVe Plan" in accordance with the applicable provisions of Section 11.3. The P/arming Board may issue a special permit if is determine~ that all of the applicable requirements for the CCRC haw been met and the definitive plan ia generally consistent with the pr 'ehminaty site plaa. Relationship to Subdivision l~%3,I.tionn The requirements of the special pa~t in no way or manner release the app.licaat from the requirem~ts of the Subdivision Regulations of the North Andover Planning Board. Density Bonus LimitatiOns The use of all density, bonuses prgvided herein may not exceed 50%. SECTION 14 INDEPENDENTLY ELDERLY HOUSING 14.1 Establishment Independent Elderly Housing shall be pe-vitted use under the special permit provisions of this Bylaw in the Residential-3 District. The Planning Board may review a definitive plan under the special permit provisions in Section 10.3 and ~s is otherwise provided in this sectior~ 14.2 Purpose The propose of an ~Independent Elderly Housing special permit is to' provide aa alternative and supplement to the traditional forms of elderly housing promoted by the Town. It is fuaher intended to encourage the preservation of open space; and to preserve the Town's residex0fial character. 14.3 Definition Independent Elderly Housing is a multi-family residential structure, each dwelling unit with separate aox, ess; restricted to individuals and couples 55 years of age and older, but not excluding physically or mentally hah&capped individuals. 165 I 14.4 . Permitted Uses Single, duplex and multi-~ residential ~i~ actures. 14.5 Standards and Restrictions do h~a~lll]lll~)~: A singie lot at least 10 ages. Permissible Dens~_: Four dwelling units per acre, with no more than eighty (89) dwelling units in any one independent elderly housing development, or not more than one hundred (100) in the event of compliance with the provisions of paragraph 6 below 03ensity Bonus); and in no instance shall the maximum FAR exceed 0.20. Maximum. Lot Coverage: In no event shall the maximum lot coverage of buildings exceed twenty-five percent (25%). Perimeter Setback: The setback area is intended to provide a perimeter greenbelt around any independent dderly 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 ~ of an independent elderly housing development. ~71Ilill21~lLaEtI~: Frontage: Frontage on any public street or way shall be one hundred fifty (150) feet, except Route 114 where for reasons of public safety shall be two hundred fitb] (250) feet. Maximum Hd_nht: The height of any stnmmre sl~il confo., to the bright requirement of the K-3 District. 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, pafldng areas or service areas, or which is not set aside as private.~ patios or gardens for residents shall tn commoti open space: Further, all common oPen space ~!~ be oPen and unobstructed similar objects shall not be considered obstructions. The area of common open space shall equal at !~ fifty (50) percem of the total area of pared or lot and not more ~ 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, eharaeter and' lo~ation suitable to enable its enjoyment and use for conse~wation, recreation and agriculture purposes by the residents. Further, a pemmnem conservation restriction of the type descffoed 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 166 I I I I I I I I 1 I I I I I I I I g. 14.6 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 presc~be including the raanaseraent of said conservation restriction by' the Town Conservation Commission, Trustees of Reservations, Essex County Greenbelt Assodafon or other agency or body, all as subject to the approval of the Planning Board. Parking: Two off-street parking spaces per dwelling unit .Public Sewer:All projects shall be connected to the publio sewer system. The North Andover Department of Public Works shall review all proposed smvering plans and report as to their adequacy to the Planning Board. Approval: Facilities and/or units proposed to be built as Independent Elderly Housing shall be subject to the following procedures: The applicant.shall be required m meet with the Planning Board to discuss the provisiom of Section 14 and the referenced section, the dements of the proposed development and the requireme~ and sped/lc provisions of the pr 'ehtfinav7 site plan. The applicant shall submit a pr 'eluninary site plan to the Planning Board for its review and recommendatiom. 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 independent elderly housing have been met and the definitive plan is generally consistent with the pre 'hninary site plait 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. Density Bonus Affordab~: For all Independent Elderly Housing, the total number of allowable dwelling unitsmay 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 dderly persons qualified to receive f~eral or state rental assistance or subsides 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 utiliyirtg sirlailar income and assets standards and establishing rents, sales price of entry fees for units which are determined to be generally consistent with those established under the various subsidy programs. For this purpose, the 167 I Planning Board in e, on.sulmtion with the Hou~ng AUthority, may~ ~ablish the rem, carrying c. harg~ .nminten,~ce fe~ sal~s price or ~i,] fe~ in order to meet the requirements .for ai~-ordn~e llomin~ Sudl uniL~ shall !~ rn~int~in~l a~ affordable housing units for the life of the IndePendent Eider-fy Housing devdopmeut~ In the event that the applicant is unable to meet its oblisati°ns in the manner prescribed above, or as an alternative program~ the Platming Board may allow the applicant to cosih-lbute fimds, in lieu of ho,~l$ing units,' to the:' Town, Housing Authority or any public or non-profit agency which is authorized to develop or support affordsh}e elderly housing. The rate of contribution shall be two (2) dollars per.square foot of Gross Floor Area of all bUildings and structures exclusive of underground parldng or swimming pools. The ~ranting of this density bonus shall not exempt the applicant from meeting any of the other provisions of this or othe~ referericed sections of this Bylaw. 168 ! ! ! ! ! ! ! ! ! ! I ! ! ! ! ! ! ! TABLE 1 SUMMARY OF USE REGULAT ONS Pe~nitted Use Busi~as$ & Ot~ Office~ Ca~ Wah Ceme~y Eal~g & OfinVJng Es~.mblishmef~ Funeral Parlor Murd. Family Owetling & At,s, P~'~eng & Relxe~c'¢i~,t Private Scho~ for Pn:~t Professional C~ce~ · Reside~al C~omme~.~ Re~ Re~ ~ Re~. Re~ Re~ 8u~. 8u';, 6~. 8e~ Viii, C. om~ 1.2.3 4 5 ~ I 2 3 4 ye~ yes ~ ye~ yes yes ya~ ~ ye~ no 1 2 3 yes ~ yes yes yes yea TBL. 1 "il ! I I I ! I i.I il t i I I I I I I ,I Adjacent to residential district, an additional 15 foot side or rear setback shall be required. The first 15 feet of the total setback abutting the residential district shall remain open and green, be sujtnhly landscaped, unbuilt upon, unpaved and not parked upon. In the Business 2 District, the side yard requirements may be eliminated when two (2) adjoining property owners agree to share a party wall. Adjacent to residential districts, the required side or rear setback shall be 100 feet. The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not paflced upon. If an enclosed parking structure is provided, lot coverage may be increased up t° the amount of such parking area but not exceed a total cove of 45%. ~fmimum lot size for a townhouse, complex shall be 43,560 square feet although individual t0wnhouse lots may be a minirnm of 3,000 square feet~ ~v~ahnm lot size for an apa, uuent complex shall be 60,00 square feet.. Dimensional regulations for townhouse'complexes shall meet the requirement of the Residence 5 Dishlct; individual townhouses within'the complex, however, shall be regulated as follows: 1Vfinimm Street Frontage: 18 Feet hfmaimum Front Setback: 30 Feet ~mimm Side Setback: None required where a party wall is constructed between units; otherwise a 25 foot side setback shall be provided. IVfmimum Rear setback: Maximum Floor Area Ratio: Maximum Lot Contiguous Units: 30 Feet 1.20: I t0 The following additional requirements shall apply when apartments or townhoUse complexes are constructed in this di~hict: There shall be a paved driveway or paved walk adequate to accommodate emergency vehicles within 50 feet of the outside entrance 0leach dwelling unit. 10. 11. 12. 13. Awy road providing access to townhouses or. lots intended for townhouses shall conform to the Subdivision Control Regulations of the planning Board. Any road providing access to more than 18 apartment dwelling units or more than 24 parking spaces shall cofform to appropriate provisions of the Subdivision Control Regulations as if it were a minor residential street. Before issuing a building permit in such eases, the Building Inspector shall ob~a a report from the Plarming Board on ~e extent of such conformity. d. Maximum height (apaxunent building): 40 fetct. e. Maximum stories ofliving quarters (apartment building): 3. f Maximum u~its per struc:ture (ap~u hue~ buiJfling): 18 In Residence 4 Di~hicts only, front sethackmay be. tiao avexage offal1 front setbacks of dwelling units within 250 fi~et on eithff side oflot. Bifildings on comer lots shall have the required f~ont setback tom both struts except in the Residence 4 Districts, where setback fi.om the side street sha~l be a minimum of 20 feet. Nursing and convalescent homes shall have at least 600 square' ~eet of lot area per bed. l~finimum lot size for such homes in R 1, R 2, and R 3 Dislricts shall be 2 acres. Where a publiC ~ disposal ge is the prinm~ use, the seffoack area shall be used to provide a screening, natural or artificial, from adjacent residential use of public roadway. Where a public sanitary disposal site is the' primary use, an increase up to 100% of the lot coverage shall apply~ not including the setback areas. If multi-family .%~tuetures are selected to attain the maximum density allowed~ the proposed project shall be subj~-'t to the minimum open space requirements found in Section 8.5 (Planned Residential Developmtnt), and to the site plan review requirements of Section 8.3. In the instance'where no public sewer service is provided and there is no Private sewer system acceptable to the Towrg' the allowed density in the Villale Residential Zone shall be one dwelling unit per acre and said dwelling arid associated lot shall conform to all the regulations consistent with development in the R-2.Zone. Further, under no circumstances shall multi-family development be allowed in the V'fllage Residential Zone, regardless of density, without the provisions of public sewer or a town approved and accepted private sewer system. instances where a lot fronts on Route 114, for purposes of public safetY, the required tot ~omage shall be 250 feet. ' I I I i I I I I I I I I I -I I I I 14. The dimensional criteria described in the table below applies only to detached single family development. Multi-family structures'developed in this di~iaict shall be subject to all criteria applicable to multi-family developments as stated in Section 8.5. However, in no instances ~MI the bonus density subsections of Section 8.5 apply in the V'fllage Residential District. 15. In accordance with the procedures and regulations set forth in Section 10.3 and 10.31 of this Bylaw, an application for a special per/mt may be submitted to increase the allowed Floor Area Ratio (maximum) fi:om 0.25:1 to 0.30:1 provided that at least 5,000 sq. ft. (excluding basements) of the resulting gross floor area be deeded to the Town for public use purposes; that at least 2,500 sq. fi:. Of said area be located at street level,-and that- the entire square footage, exclusive of basements, deeded to the Town be supported with parking spaces at the rate of one space per 250 square feet. 16. Open space shall be consistent with the definition of usable open space as contained ii1 Section 8.5, subsection 5f. Usable Open Space no loading areas shall be allowed on'the usable open space. All required fi:ant, rear,"and side yard requirements may be calculated as part of the usable open space, but in no instan~ shall any area designated for open space be Ieas than, 15 feet in widtlt Further, no more than 25% of the total area required for open space shall be a wetland area, and no permanent or standing waterbodies shall be calculated as part of the required Open space. 17. Village Commercial Dimensional Requirements Setbacks Objective: The setbacks have-been determined and arranged in such a way as to promote a quality development which lends itself to the surrounding community in an unobstmctive manner. Front setbacks for stxucture along Route 114 shaft be a minimum of 50', all of which shall be used as an effective visual buffer. No parking shall be allowed within that 50' buffer. Any roadways or drives within that 50' buffer shall be as necessary for access only. When adjacent to a Residential District the ro/nimum setback shall be 40', with the first 25' remaining as an effective visual buffer. The Planning Board may .allow the minimum setback adjacent to a Residential District m be reduced to 25! providing that the maximum height of the proposed structure be 25', not to exceed one (1) story. Further, for every 1 foot that the ai~acture is moved closer than 40' to the Residential Property Line the ~N 1.3 o - Tow - of Nortlx' ndover Planning Board Three (3) copies of the application. Eight ~ copies of the plan. Plan at a scale of 1' = 40' and prepared by a certified architect, landscape architect or engineer registered in the Commonwealth of ~etts. S'ee appropriate section of the North Andover Zot~g Bylaw for more detailed'iht-oanaxio~ Filing Fee ($100) and PIan R~view Fee ($2,000). List of Parties of Interest (abutters) certified by the Assessor's Office. See attached form. Written dooamentation - legibly written or typed memorandum setting forth in detail all facts relied upon for submittal of the application. Tha pmnln50ffic~ will send the' leE-n~ I notic~ to be n~wspaper. The newspaper w~ bill the applica~ dire~ for the co; 'Pae Plam~ Office w~l also notify the abutters and w~l bill the applier for the cost. See speciic s~xion of the North Andover Zoning Bylaw as listed below for more detailed information. List of Special Permits issued by the Planning Board: Access other than over the Street Froatage (7.2) Common Driveways (2.30.1) Congregate Housing for Elders (4.122 (21)) · Coutinuin8 Care Retirement Center ( l 3) Frontage Exception Lots (7.2.2) Independent Elderly Housing 04) Large Estate Condominium Convarsions 02) Planned Development Di~i,ict (t l) Planned Residential Development (8.5) R-6 Density (4.125) il ' I I I 1 I I I I ! ! ! I Town of North Andover Planning Board Please type or print dearly. Petitioner:. Address: Telephone number: Owners of the Land: Address: Telephone number. Number of years of ownership: If applicant is not the owner, please state interest in property: Request for a Special Po. mit under Section of the North Andover Zoning Bylaw to Location of Property: Zoning District: Assessors: Map: Lot #: Registry of Deeds: Book #:: Page It:: Existing Lot: Lot Area (Sq.Ft.): Street Frontage: Front Setback: Floor Area Ratio: Proposed Lot (if applicable): Building Height: Side Setbacks: Rear Setback: Lot Coverage: Lot Area (Sq. Ft.): Street Fromage: Front Setback: Floor Area Ratio: Building Height: Side Setbacks: Rear Setback: Lot Coverage: T. ....Rdiuired Lot(as required by Zoning Bylaw).: - Eot Area (Sff. Ft:): Building Height: -' Street Frontage:. Side Setbacks: Frot~t Setback: : ;' RearSetbactc Floor Area Ratio: Lot Coverage: I I I I '10. Existing Building (if applicable): Ground Floor (Sq. Ft.): Total Sq. Ft.: Use: PrOposed Building: Ground Floor(Sq, Ft.): To~al Sq. Ft.: Use: # of Floors: Height: Type of Coma-action: I-Ins there been a previous ~plication for a Sl~al Permit tom the Pla-nl,gBoard on these premises? . If'so, when and for wire type of conStruction ? I I # of Floors: Height: Type of Construction: 11. Petitioner and Landowner signature(s): I Eveqt application for a Special Permit shall be made on this tom which is the official fom~ of the plam~in$ Board.' Ev.~ application qhall b~ flltxi wilh t. he TOWll Clerk's Office; It shall be the respon.q'bility of the petitioner to fiirnish all supporting documentation with this appticagon. The dated copy ofthls application received by the Town Clerk or Planning Office does not absolve the applicant from this respons~ility. The petitioner shall be mspondble for all.expenses for filing and legal notification. Failure to com~ly with applicatio~ r~uiremenls, as c/ted herein and in the Planning Board Kules and regulations may result in a dismissal by the Planning Board of this application as incomplete. I I I Petitloneffs Signature: Print or type name here: I Owner's Signature: Print or type name here: I I I Project Review Fees Preliminary Plan, Modification of a Prelimznary Plan, Modification of a Definitive Plan, or Modification of a Special Permit shall require the following initial Project Review Fee: Pro~ect Size Fee 02-15 Lots/Units 16-20 Lots/Units 21-25 Lots/Units $2,000 $3,000 $4,250 More than 25 Lots / Units $5,000 :cial Permit Definitive Plan shall require the following initial Project Review Fee: Pro~ect Size .Fee 02-15 Lots/units ·16-20 Lots/Units 21-25 Lots/Units > 25 Lots/Units $12,000 $4,000 $10,000 (excluding site plan review} shall require a minim~,m of $2,000 for the initial Project Review Fee. Depending on the complexity of issues presented, addit%onal fees may be required. Site Plan Review Special Permit shall require following initial Project Review Fees: the Project Size Fee < 10,000 sq. ft' (of additional $2,000 gross- floor area) 10,000 - 30,000 $3,000 30,000 - 50,000 $4,~00- > 50,000 $5,000 I I I I I I I I I I I I I I I I I Please forward a copy of the plans to the Town's Outside Consultant at Coler & Colantonio Attn: John Chessia I ! - 101 AccOrd Park Drive 1 Norwell, MA 02061 Postage Policy As of TueSday March 3, 1998, all applications before the Planning Board must include postage stamps. This will replace the previous policy of the Planning Department billing the applicant directly for the cost of postage. Number of stamps.-- (number of abutters + 2) x 2 This will cover the cost of mailing the legal notice and the decision to the abutters, the applicant and the engineer. I I I I I I I I I I I I I I I I I I I t I I I I I I 'Town of North Andover Planning Board' Three (3) COPIES OF THE APPLICATION. Eight ~) copies of the plan. Plan at a scale of 1" = 40' and prepared by a certified architect, landscape architect or engineer registered in the Commonwealth of Massachusetts. See appropriate section of the North Andover Zoning Bylaw for more detailed information. Filing Fee ($300 plus 5 cents per sq. ft. gross floor area) and Project Review Fee (based on sq. ft). 4. Ust of Parties of Interest (abutters) certified by the Assessor's Office. See attached form. ~. Written documentation - legibly written or typed memorandum setting forth in detail all the fact~ relied upon for submittal of the application. 6. The following information must be either shown on the plan or described a~ pert of the written documentation. ! ~)IN°rth Arr°wlL°cati°n Map Survey of the Lot/Paroel C) Name/Description of Project d) P) q) r) s) Easements/Legal Conditions Topography Zoning Information Storm water Drainage Plan Building(s) Location Building Elevation Location of ParkingfVValkways Location of Wetlands Location of Walls/Signs Location of Roadways Outdoor Storage/Display Area Landscaping Plan Refuse Areas Lighting Facilities Drainage Basin Study Traffic Impact Study Commonwealth Review Utilities Fiscal Impact Community Impact The Planning Office will send the legal notice to the newspaper. The newspaper will bill the applicant directly for the cosL The Planning OffiCe will also notify the abutters and will bill the applicant for the cost. Town of North AndOVer Planning Board Please type or print dearly. 1. Petitioner:. Address: Telephone number: 2. Owners of the Land: Address: Telephone number: Nhmber of years of ownemhip: Location of Property: Zoning District: Assessors: Map: Ret~stry of Deeds: Book #:: Lot #: Page #:: Existing Lot: Lot Area (Sq. Ft.): Street Frontage: Front Setback: Floor Area Ratio: Building Height: Side Setbacks: Rear Setback: Lot Coverage: Proposed Lot: Lot Area (Sq.Ft.): Street Frontage: Front Setback: Floor Area Ratio: Building Height: Side Setbacks: Rear Setback: ' Lot Coverage: Required Lot (as required by Zoning Bylaw): Lot Area (Sq. Ft.): Building Height: Street Frontage: Side Setbacks: Front Setback: Rear Setback-: Floor Area Ratio: Lot Coverage: Existing Building: Ground Floor (Sq. Ft.): Total Sq. Ft.: Use:. # Of Floors: Height: Type of Construction: . I I I I I I I I I I I I I I I I I I ! I I' ! ! Proposed Building: Ground Floor (Sq. Total Sq. Ft.: Use: # of Floors: Height: Type of Construction: Petitioner and Landowner signature(s): Every application for Site Plan Review shall be made on this form which is the official form of the Planning Boarc[ Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting .documentatiOn with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant fromthis responsibili~.~. The petitioner shall be responsible for all expenses for fili~g and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and regulations may result in a dismissal by the Planning Board of this application as incomplete. .- Petitioner's Signature: Print or type name here: Owner's Signature: Print or type name here: ST-OF PARTIES OF INTEREST ~JECT PROPERTY ]PARCEL LOT INAME IAOORESS I I I I I I PARCEL LOT INAME ~AOORESS i I I I I I I I I I I I I I I rI I I~ ANR Plans Preliminary Plan Administrative Fees $25 plus $25 per lot line changed/S50 per new lot created. $200 plus $50 for each building lot shown on plan Modification $75 plus $50 for each lot 'affected and each (Preliminary Plan) new building lot created. Definitive P~an.$200 Modification (Definitive P1an) for plUS $250 per lot if preliminary plan filed/S300 per lot if no preliminary plan filed. $75 plus $100 for each lot affected and for each new building, lot created. Special Permit $100 $100 Modification/ Extention (Special Permit) Site Plan Review of PRD/PDD/CCRC $300 plus $0.05 per sq. ft. gross floor area new construction. Definitive Plan Review Fee plus $200 plus-S100 per lot Project Review Fees Preliminary Plan, Modification of a Preliminary Plan, Modification of a Definitive Plan, or Modification of a Special Permit shall require the following initial Project Review Fee: Project Size Fee 02-15 Lots/Units $2,000 16-20 Lots/Units! $3,000 21'25 Lots/Units $4,250:" More than 25 Lots / Units $5,000 Definitive Plan shall reqUire the following initial Project Review Fee: ! ! Pro~ect Size 02-15 Lots/Units 16-20 Lots/Units 21-25 Lots/Units > 25 Lots/Units Fee $4,000 $6,00O $10,000 $12,000 cial (excluding plan review) shall require a minimum of Permit site $2,000 for the initial Project Review Fee. Depending on the complexity of issues presented, additional fees may be required. Site Plan Review Special Permit shall require the following initial Project Review Fees: P..roj ect Size Fee < 10,000 sq. ft (of additional $2,000 -gross floor area) 10,000 - 30,000 $3,000 30,000 - 50,000 $4,000 > 50, 00O . $5,000 Please forward a copy of the plans to the Town's Outside Consultant at Coler & Colantonio Attn: John Chessia 101 Accord Park Drive Norwell, MA 02061 I I '1 I I I I I I I I I -I I I I I I Postage Policy As of Tues'day March 3, 1998, all applications before the Planning 'Board must include postage stamps. Th/s will replace the previous policy of the Planning Department billing the applicant directly for the cost of postage. Number of stamps -- (number of abutters + 2) x 2 This will cover the cost of mailing the legal notice and the decision to the abutters, the applicant and the engineer. maximum allowed height of the structuresha]l be reduced by 1 foot (See Diagram I). In no ins~ shall a ~l~tcw. re be closer that 25ko a side or rear setback. Any roadway or drives within those setbacks shall be as necessary for access only. (Residential SETBACK ! .I