HomeMy WebLinkAbout2012-04-03 Planning Board Supplemental Materials (53) Parking facilities shall provide specially designated parking stalls for persons with disabilities in
accordance with the Rules and Regulations of the Architectural Access Board, as amended (521
C.M.R.) implemented by the Architectural Access Board of the Commonwealth of
Massachusetts Executive Office of Public Safety and Security or any agency superseding such
agency. Accessible parking shall be clearly identified by a sign stating that such parking stalls
are reserved for persons with disabilities. Said accessible parking shall be located in the portion
of the parking lot nearest the entrance to the use or the structure, which the parking lot serves.
Adequate access for persons with disabilities from the parking area to the structure shall be
provided. To the extent that any provision of this Section 8.1 conflicts with the Rules and
Regulations of the Architectural Access Board (521 CMR), the Rules and Regulations of the
Architectural Access Board shall govern.
5. Design Standards
All required parking areas shall have minimum dimensions as follows:
a) Dimensions of Parlung Spaces and Maneuvering Aisles.
On any lot in any district, parking spaces and maneuvering aisles shall have the minimum
dimensions set for the in the following table and Section 8,1,unless specifically stated elsewhere
in this Bylaw and/or as modified upon the recommendation of the Planning Board.
Minimum Parldrig Space and Aisle Dimensions for Parking Lots (in feet)
1 xMim umt
tttPPP m , � fMw(num'J�GeneuvenngrAisle�5yrdth�
"r Angje ofParkmgy r±"Stellllyidth3 Stall Depihi FSe(backFromjhlaximum(\irbcutl ( a
lut tnea;<a Oneg4Vay 'rwo�Way r
-
1 76-90 Aegrees 9 18 3 29 20 - �-29
61-75 Degrees 9 18 3 25 22
46-60 Degrees 9 18 3 25 16
45 Degrees 9 18 3 25 20
Parallel 8 22 3 ]2
b) Vehicular and Pedestrian Circulation.
Pedestrian walkways, driveways, and parking areas shall be designed with respect to
topography, integration with surrounding streets and pedestrian ways,number of access points to
streets, general interior circulation, adequate width of drives, and separation of pedestrian and
vehicular traffic so as to reduce hazards to pedestrians and motorists.
Cc4E -u�_cea;ul Exit Drivewa
ge- mily wellings shall have a minimum driveway enhance of twelve(12)feet.
ii) For facilities containing fewer than five stalls, the minimum width of entrance and exit
drives shall be twelve(12) feet for one-way use and eighteen (18) feet for two-way use, and
the maximum width twenty(20) feet.
/iii) For facilities containing five (5) or more stalls, such drives shall be a minimum of twelve
(12) feet wide for one-way use and twenty (20) feet wide for two-way use. The minimum
curb radius shall be fifteen(15) feet. The maximum width of such driveways at the street line
shall be twenty-five(25)feet in all districts.
I ) The Planning Board may modify such width and radius limitations when a greater width
would facilitate traffic flow and safety. All such driveways shall be located and designed so
as to minimize conflict with traffic on public streets and provide good visibility and sight
distances for the clear observation of approaching pedestrian and vehicular traffic.
d) Surfacing,Drainage, and Curbing.
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Parking areas shall be graded, surfaced with asphalt, concrete, or other suitable non-erosive
material, and drained in a manner deemed adequate by the Planning Board to prevent nuisance �.
of erosion or excessive water flow across public ways or abutting properties, and natural
drainage courses shall be utilized insofar as possible. Curbing, with the addition of guardrails
wherever deemed necessary by the Planning Board, shall be placed at the edges of surfaced
areas, except driveways, in order to protect landscaped areas and to prevent the parking of
vehicles within required setback areas. Entrance and exit driveways shall be clearly defined by
curb cuts, signs, and striping.All curbing installed within the public way of such driveways shall
be of granite. Design standards and specifications for parking surfacing, drainage and curbing
shall be those set forth in the Rules and Regulations Governing the Subdivision of Land in the
Town of North Andover, as amended, unless waived or modified by the Planning Board in
accordance with Section 8.1.8.
e) Loading Bay Requirements.
i) In all districts,unless otherwise stated herein, off-street loading spaces shall be provided and
maintained in connection with the construction, conversion, or increase in units or
dimensions of buildings, structures or use, such spaces to be provided in at least the
following minimum amounts provided below.
Table of Off-Street Loading Regulations
, . iFrrs6l1admgFaciLty�Regwred,Fora �One�AddlhonaPT:oadmgFacdrtYjRequrred
,. Pnncipal{User , �ArealSlioivnrBe]oWr••. . � Fo�; eaShoititi�Beloiv, ,, i
Donrkory andHotel/Motel
hvstithdional Uses 10,000 50,000
Recreation and Fntertaimnent
Restaurant and Fast Food
Office Uses 15,000 50,000
Retail Services 1 5,000 1 20,000
Personal and Consumer Services 5,000 25,000
Veldcrdar Services
Industrial Uses 10,000 25,000
Wholesale and oragaUses
ii) Unless modified by the Planning Board pursuant to Section 8,1.8 all required loading
facilities shall have a minimum dimensions of twelve (12) feet wide, twenty-five(25)feet in
length,fourteen(14)feet in height clearance, and located, arranged, and of sufficient number
to allow service by the type of vehicle customarily excepted for the use while such vehicle is
parked completely clear of any public way or sidewalk.
iii) The requirements of this section shall apply to individual users of new and substantially
altered structures, provided that when a building existing on the effective date of this Bylaw
is altered or expanded to increase the gross floor area by at least five thousand(5,000) square
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1, 3 54c, Ol 4VI&V"
e) The 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 adjacent to the site(1"=1500'),Location Map should
show at least one intersection of two existing Town roadways.
ii) SURVEY OF LOTIPARCEL:A boundary survey conforming to the requirements of the
Essex County Registry of Deeds Office.The survey shall be dated and include any revision
made to the survey or site plan. Any change in the survey shall be recorded before site plan
approval may be granted.
iii) NAME/DESCRIPTION OF PROJECT: The name of the development and the names,
addresses and telephone numbers of the project listing tenants,land uses, development
phases, or other pertinent information necessary to evaluate the proposed development
plan.
iv) EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal
encumbrances(s) that are related to the sites physical development, and a listing of any
condition(s)placed upon the site by the Board of Appeals, Planning Board, Conservation
Commission, or any public body or agency, with the authority to place conditions on the
sites development.
v) TOPOGRAPHY: The present and proposed topography of the site,utilizing two foot(2')
contour intervals. The contours shall extend at least fifty(50')feet beyond the site
boundaries by estimation of the professional submitting the plan,
vi) ZONING INFORMATION:All applicable Zoning Bylaw information shall be provided
regarding the site's development. This information shall be placed in a table and list all
parking,setbacks,percent of lot coverage,floor-area-ratio,number of dwelling units,total
amount of square feet, size of signs and any other applicable zoning information necessary
for the proper review of the site plan by the Town Planner and Planning Board.
vii) STORMWATER DRAINAGE:All storm water drainage control facilities utilized 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 Department of
Public Works for review and approval. Calculations shall show a mitigation of run-off to
zero of the 2, 10, and 100-year storm event,
viii) BUILDING LOCATION: Identification of all existing and proposed structure(s)located
on the site. The number of stories, overall height in feet and gross floor area in square feet
of all structure shall be indicated.
ix) BUILDING ELEVATION: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 must be at least 8"x 11" in size,
x) LOCATION OF PARKING/WALKWAYS: Identification of the location of all existing
and proposed parking and walkways areas, including curb cuts that will be used to access
the site fiom adjacent roadways, or access points.
xi) LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as defined in
M.G,L. Chapter 131, Section 40 and the Town's Wetland Bylaw, shall be shown on the site
plan. The applicant shall file a Notice of Intent with NACC concurrently with the
application to the Planning Board for Site Plan Review.
xii) LOCATION OF WALLS/SIGNS: Identification of the location,height and materials to be
used for all retaining walls and signs located on the site. Signs will be reviewed using the
guidelines set forth in Section 6.7(H) of the Zoning Bylaw.
xiii) LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-ways and driveways
including the type of curb and gutter to be used, and their dimensions. Distances to all the
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nearest roadways and/or curb cuts shall be shown for both sides of any streets which is
adjacent to the site.
xiv) OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location and type of
outdoor storage and display areas on the site.
xv) LANDSCAPING PLAN: Identification of the location and landscape schedule of all
perimeter and interior landscaping,including but not limited to proposed paving materials
for walkways,fences, stonewalls and all planting materials to be placed on the site.In
addition, all existing trees over 12 inches DBH,to be saved or removed shall be shown on
the site plan.Any landscaping required by the Town Bylaws shall be indicated on the site
plan in tabular form showing the amount required and the amount provided.
xvi) REFUSE AREAS: Identification of the location of each outdoor refuse storage area,
including the method of storage and screening. All refuse areas must be fully enclosed.
xvii) LIGHTING FACILITIES: Identification of the proposed illumination,indicating the
direction and the degree of illumination offered by the proposed lighting facilities,
including an example of the light fixture to be used.
xviii) DRAINAGE BASIN STUDY: A detailed hydrology study for the site. Included in this
study is the proposed storm water run-off rates into the existing drainage system and its
potential down-stream impact on the existing drainage system.
xix) TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the
expected traffic impacts to occur based upon the proposed project.Projects which access
state highways, a traffic impact study shall be filed with MEPA concurrently with the
Planning Board review. A copy of the MEPA study shall be filed with the application to
the Planning Board,
xx) COMMONWEALTH REVIEW: Any information required and submitted to any agency of 1
the Commonwealth, shall be filed with the Planning Board upon the initial submission of
the project for Board review.
xxi) UTILITIES: All utilities,including water line locations, sewer line locations and profiles,
and storm drainage systems;
xxii) FISCAL IMPACT: Projections of costs rising from increased demand for public services
and infrastructure;provisions of benefits from increased tax revenues, employment and
infrastructure 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 overall
character;impacts on nearby historic structures 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)9II) Wireless Service Facilities
Use Regulations,the information required by Section 8.9(5)must also he submitted. The
SPGA may grant a waiver from these submittal requirements if it finds that such information is
not needed for a thorough review of a proposed personal wireless service facility(1998/38).
6. Review Criteria/Design Guidelines
a). The following 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) General
a) Conformance with all appropriate provisions of the Zoning Bylaw.
b) Protection of abutting properties from detrimental site characteristics.
ii) Environmental
a) Protection of unique or important natural,historic or scenic features.
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b) Adequacy of proposed methods of refuse disposal.
c) Ability of proposed sewage disposal and water supply systems within and adjacent to
the site to serve the proposed use.
d) Adequacy of the proposed drainage system within and adjacent to the site to handle the
increased runoff resulting fiom the development.
e) Provision of adequate landscaping, including the screening of adjacent residential uses,
provision of street trees,landscape islands in the parking lot and a landscape buffer
along the street fiontage.
f) Adequacy of the soil erosion plan and any plan for protection of steep slopes,both
during and after construction.
g) Protection of adjacent properties by minimizing the intrusion of lighting,Including
parking lot and building exterior lighting.
h) The proposed development must not present a demonstrable adverse impact on the
surrounding area resulting from excessive noise, dust, smoke, or vibration which are
higher than levels now experienced fiom uses permitted in the surrounding area.
iii) Design
a) Buildings shall be located with respect to setbacks placement of parking landscaping
and entrances and exits with surrounding buildings and development,
b) The buildings shall relate harmoniously to each other in architectural style,the location
and building exits and entrances.
c) Screening shall be provided for storage areas,loading docks,dumpsters,rooftop
equipment,utility buildings and similar features.
d) Electric,telephone, cable t.v., and other such lines and equipment must be placed
underground.
e) Demonstrate that the scale,massing and detailing of buildings are compatible with
those prevalent in the surrounding area.
v) Traffic/Parking
a) The location and number of curb cuts shall be minimized to reduce turning movements,
andhazardous exits and entrances.
b) Provision for access to adjoining properties shall be provided as appropriate.
c) Driveways shall be located opposite each other wherever possible.
)mrd int access driveways between adjoining properties shall be encouraged.
e) Internal circulation and egress shall provide for traffic safety, and access to and from
minor streets servicing one family dwellings shall be minimized.
7. Findings of the Planning Board
a) With the concurring vote of four members, 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:
A. 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 procedures as
outlined in this section and Section 10.31 (Conditions for Approval of Special Permit.)
ii) The Planning Board shall conditionally approve a site plan when the following conditions
are met:
a) The application needs to go to any Town Board/Department or Commission for
r approvals,or requires approvals by any state, and/or federal agency and;
b) The site plan generally complies with Town Bylaw requirements,but requires minor
changes in order to be completely in compliance with the Town Bylaw regulations.
iii) The Planning Board may deny approval of a site plan for the following reasons:
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a) The plan does not include all the materials or information required in this section,or
has failed to adhere to the procedures for Site Plan Review as outlined in this section, I
and Section 10.3 (Special Permits), or;
b) The plan as presented is not in compliance with Town Bylaws, or;
c) The plan has been drawn incorrectly or in such form that the Planning Board is unable
to determine what information is being presented for review, or;
d) The applicants have failed to incorporate and adhere to any condition(s)for approval
granted by any Town Board,Department or Commission, or requirements called for by
any state or federal agency, which has proper authority upon which to place conditions
on a matter before the Planning Board.
iv) The Planning Board shall render a decision within ninety(90)days of the public hearing
and shall file its written decision with the Town Clerk's office and other appropriate parties
in accordance with the provisions of M.G.L. Ch. 40A.
v) The applicant shall be responsible for filing a copy of the decision at the Registry of
Deeds. Prior to the issuance of a building permit,the applicant shall present evidence of
such recording to the Building Inspector.
vi) 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
vii)Andover in an amount determined by the Board to be sufficient to cover the cost of all or
any part of the improvements required. The check will then be placed in an interest bearing
account and will be released upon the completion of the project.The Board, at its
discretion,may release partial amounts of the security at certain stages of construction.
8. Revisions to Approved Site Plan
a) 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 Planner receives
three(3) copies of the revised plan and the revisions placed on the plan fall into the following
categories:
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;
ii) The change in the proposed landscaping plan which does not violate any Town Bylaw;
iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and
the requirements of the Commonwealth.
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 in this subsection,and that the proposed revisions are in
fact substantial and call for materially different site plan than approved by the Planning Board
in that changes are called for in the type, location and maturer of the facilities and site
improvements to be constructed and shown in the approved site plan.
c) If the revisions are determined to be substantial and materially different by the Town Planner,
the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in
accordance with the provisions of this section. (Section 8.3 rewritten and reorganized May 6,
1996 Annual Town Meeting,Article 20)
I
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i
Section 18 Downtown Overlay DIstrict :::�)
18.0 Purpose.
Downtown zoning is the creation of a specific zoning overlay district for the unique needs of small mixed
use commercial areas; to provide goods, services and housing in a more compact environment; to
encourage redevelopment; and, to create a vibrant, walkable, pedestrian- and bicycle friendly
environment. The Downtown Overlay District seeks to preserve and enhance the existing mixed uses of
downtown North Andover.
It is hereby declared to be the intent of the Downtown Overlay District to establish reasonable standards
that permit and control mixed residential, commercial, governmental, institutional, and office uses in the
Town of North Andover. Furthermore, it is the intent of this district to:
1. Encourage a diverse mix of residential, business, commercial, office, governmental,
institutional and entertainment uses for workers,visitors, and residents.
2. Encourage mixed uses within the same structure.
3. Encourage first floor retail space
4. Encourage a pedestrian and bicycle friendly environment so that commercial enterprises and
consumer services do not rely on automobile traffic to bring consumers into the area.
5. Permit uses that promote conversion of existing buildings in a manner that maintains and
enhances the visual character and architectural scale of existing development within the
district.
6. Minimize visual and fimetional conflicts between residential and nonresidential uses within
and abutting the district,
7. Allow for more compact development than may be permitted in other zoning districts to
reduce the impacts of sprawl.
8. Encourage consolidation of curb cuts for vehicular access and promote more efficient and
economical parking facilities.
9. Encourage uses that minimize noise and congestion.
10. Allow for an appropriate density of land uses and people to support a vibrant downtown.
This bylaw is intended to be used in conjunction with the existing zoning and other regulations as adopted
by the town, including historic district regulations, design guidelines, and other local bylaws designed to
encourage appropriate and consistent patterns of village development.
18.1 Location and Applicability
The Downtown Overlay District shall consist of the area delineated on the Town's zoning map, but shall
include the area along Main Street fiom Sutton Street to Merrimac Street; Water Street from the
intersection with Main Street to High Street, including the mill buildings; portions of Waverley Road,
First Street and Second Street; Ellis Court; School Street; Saunders Street; and Cleveland Street. Said area
is described on the Town of North Andover Zoning Map as amended through Annual Town Meeting
2008.
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An application for the Downtown Overlay District shall be in accordance with the standards set forth in
this section. An application for the Downtown Overlay shall be deemed to satisfy the requirements for
Site Plan Review as described in Section 8.3.
18.2 Permitted Uses
The following uses shall be permitted by right in the Downtown Overlay District:
1. General merchandise retail stores and salesrooms
2. Specialty food stores, retail bakeries and coffees shops
3. Sporting goods stores
4. Craft,hobby,book and music stores
5. Art gallery
6. Hardware stores
7. Convenience stores
8. Drug stores,pharmacies
9. Banks
10.Professional offices
11.Medical or dental offices
12.Business services such as copying and mailing services
13.Travel agency
14.Municipal, civic or public service buildings, such as post office, telephone exchanges, town
offices,school,library, museum, or place of worship
15.Hall, club, theater, or other place of amusement or assembly
16.Food services establishments such as full or limited service restaurants and drinking
establishments
17. Indoor amusements
18.Bed and breakfast facility or inn with six(6)rooms or less
19.Multi-family dwell
20. Mixed-use structures
21.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.
The following uses shall be permitted by special permit in the Downtown Overlay District:
1. Drive-thrus for any of the above allowed uses
2. Free-standing automated teller machine(ATM)
3. Day care center
4. Bed and breakfast facility or inn with more than six(6)rooms
5. Hotel or motel
6. Funeral homes
7. Any retail use listed above as an allowed use that exceeds a gross floor area of 25,000 sq. ft.
8. Public garage
18.3 Design Guidelines
The Downtown Overlay District is an integral commercial center; it represents an important part of the
Town's heritage and its character creates an identity for North Andover today. Compatible design helps
to enhance the quality of life for all residents while strengthening the economic viability of the
Downtown, The Downtown Overlay District Design Guidelines seek to encourage visual harmony and
historic integrity, and encourage creative design solutions. The Design Guidelines do not dictate style,
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but rather suggest a variety of choices for achieving design compatibility within the Downtown Overlay
District. The Design Guidelines can also help to protect the property values by encouraging
improvements that maintain buildings as viable assets.
The Design Guidelines apply only within the Downtown Overlay District and supplement the site and
design criteria provisions of this Section.
18.3.1 Urban Design Features
a. Alleys, parks or open spaces, patios, sidewalks and planting strips, outdoor seating areas
for private commercial use
b. Building type(for example townhouse, storefiont retail)
c. Signage
18.3.2 Architectural features for any work consisting of an increase in floor area through either the
placement or construction of a new principal structure, a new accessory structure, an addition,
alteration or rehabilitation to a principal or accessory structure, a conversion of one use type to
another,or any new use or structure requiring a curb cut.
a. Building facades (new and rehabilitation&repair)
b. Exterior features
c. Building height, setbacks and build-to-lines
d. Roofs and rooftop features
e. Exterior materials, doors and windows
f. Exterior colors
g. Signage,flags and banners
h. Sign design standards as applicable and consistent with Section 6 of this Bylaw
i. Exterior illumination
18.3.3 On-site and off-site improvements
a, Fences and walls
b. Patio,square, or plaza
c. Landscaping with areas and plants noted
d. Special pavement and sidewalk treatment
e. Setbacks and sidewalk and utility easements
f Street and parking lot lighting
g. Street furniture,trash containers,benches news racks,kiosks
h. Parking standards including shared parking agreements
i. Refuse storage and access
j. Traffic circulation plan and street improvements as needed to relieve excessive congestion
18.4 Site and Design Criteria.
The site and design criteria within this Section shall be applicable to all residential projects greater than
three (3)units,mixed use and nonresidential properly.
1 .1 Site Access
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Pew curb cuts on existing public ways shall be minimized. To the extent feasible, access to businesses shall
e provided tluough one of the following methods: (a)through a common driveway serving adjacent lots or
premises or (b) through an existing side or rear street thus avoiding the principal thoroughfare. Garages
doors or loading docks are prohibited on the front fagade of any building facing the street.
a. Curb cuts within two hundred(200)feet of intersections are subject to site plan review.
b. Curb cuts greater than thirty(30)feet and driveway openings greater that twenty(20)feet are
subject to a site plan review. Full width curb cuts are prohibited.
18.4.2 Parking Requirements
The following criteria are included to ensure that new and renovated off-street parking areas are constructed
in accordance with the Downtown character and the provisions of this bylaw.
a. Parking areas shall be located to the side and rear of the structure. Parking areas shall be
designed such that parking is prohibited within the required front yard setback.
b. Parking areas shall include provisions for the "parking" of bicycles in bicycle racks in
locations that are safely segregated from automobile traffic and parking. For parking areas of
ten(10) or more spaces, bicycle racks facilitating locking shall be provided to accommodate
one(1)bicycle per twenty(20)parking spaces or fraction thereof.
c. Where possible, parking areas shall be interconnected in a manner that allows the
unobstructed flow of pedestrians between businesses and the parking areas.
d. The applicant may reduce the number and/or the location of the required parking spaces as
described in Section 8.1 of this Bylaw. Consideration may be. given to the hours of usage t
of the proposed use/structure,hours of usage of other uses/structures within the Downtown
Overlay District, amount of shared parking with other uses, as well as other relevant
information to assist the granting authority in determining the need for additional parking
for motor vehicles. Relief may be granted provided that it is demonstrated that the
additional demand for such spaces can be reasonably met without placing an undue burden
on existing facilities already relying on such spaces under the following conditions:
L Allow parking areas to be shared with adjoining businesses based upon having
peak user demands at different times provided that all businesses sharing parking
are located on the same lot.
ii. On-street parking spaces within a radius of two hundred(200)feet may be counted
as part of the required parking need.
iii. Parking spaces on a separate lot or lots within a radius of six hundred (600) feet,
measured from the lot line of the principal use,may be counted.
e. Where such parking abuts a residential district, it shall not be located within less than five
(5) feet of the lot line, and a wall or fence of solid appearance or a tight evergreen hedge
having a height of no less than five (5) feet shall be erected and maintained between such
area and the property in the residential district.
18.4.3 Pedestrian and Bicycle Circulation
Provision for safe and convenient pedestrian access shall be incorporated into plans for new construction
of buildings and parking areas, and should be designed in concert with landscaping plans noted below.
New construction should improve pedestrian access to buildings, sidewalks and parking areas, and should
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be completed with consideration of safety, handicapped access and visual quality. Where appropriate,
applicants are encouraged to provide pedestrian and/or bicycle paths connecting their site with abutting
areas in order to promote pedestrian and bicycle circulation and safety. When parking is located in the
rear, pedestrian access via a pedestrian-oriented alley or walkway through to the primary street is
encouraged.
18.4.4 Landscaping and Appearance
Appropriate landscaping and design shall be incorporated into new and expanded development within the
district. Landscape design plans shall be prepared by a landscape architect, although the permitting
authority may accept a plan prepared by someone other than a landscape architect if it believes the plan
meets the design guidelines noted below and is in concert with the intent of this regulation. Landscape
plans shall show the type,size and location of all proposed plantings.
a. Side yards shall be screened or landscaped as follows:
i. Where the distance between structures on adjacent lots is ten (10) feet or less the
side yard shall be screened from public view by a solid fence or tight landscaping
having a height of no less than five (5) feet. A chain link fence shall not be
permitted.
ii. Where the distance between structures is greater than ten (10) feet the space shall
be appropriately landscaped.
b. Large parking areas (e.g. greater than twenty (20) parking spaces) shall be separated by
landscaped islands of at least eight (8) feet in width, or in the alternative shall devote at
least five (5) percent of the interior of the parking lot to landscaping. In addition, a
minimum of one(1) shade tree shall be planted for every six (6)parking spaces required or
built, within appropriate locations on the lot(s). The plan shall show the location of
plantings, including use of plantings to buffer neighboring properties, and along the street
frontage and pedestrian ways, Trees planted within parking areas shall be planted in
protected pervious plots of at least sixty (60) square feet of area. Parking areas shall be
screened with trees or plantings at least three(3)feet in height.
c. A minimum of one (1) shade tree shall be planted for every forty (40) feet of street
frontage or fraction thereof, Trees may be clustered and should be located between the
sidewalk and the curb or in tree wells installed in the sidewalk.
d. Streetscapes shall be accentuated with benches, planters, and other similar amenities to
encourage pedestrian use.
e. Any exterior lighting shall be directed downward to reduce glare onto adjacent properties.
18.5 Intensity of Use within the Downtown Overlay District.
18.5.1 Location and Distribution of Uses
The ground floor of the front fapade of a commercial building or a mixed use residential/commercial
building shall be occupied by business uses only. When the rear fapade faces a parking area, the ground
floor shall also be occupied by business uses only,including in the rear of buildings.
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18.5.2 Height
To accomplish the purposes of this Section,the Planning Board is authorized to grant a Special Permit to
allow an increase in the height of structures either in existence, as reconstructed, or as new construction,
so that the total height does not exceed forty-five (45) feet or three (3) stories within this overlay district.
If any construction of a structure increases the intensity of use over what was previously in existence on
the lot, the Planning Board shall allow this increase only upon a finding that the additional height is
consistent with the scale of adjacent structures and is necessary to maintain the area's character. The
Planning Board must further find that the relaxation of height limitations will not interfere or negatively
impact abutting properties,particularly property used or zoned for single-family residential purposes.
18.5.3 Setback
In keeping with the purpose of the Downtown Overlay District it is recognized that the areas have
developed with distinct development patterns to match the traditional needs of the small lots and buildings
that have made Downtown unique. Building setbacks within the overlay district may allow establishment
of average setbacks so that redevelopment and new development will be in keeping with the existing
streetscape layout. To accomplish the purposes of this Section, the Building Inspector is authorized to
allow a calculation of front,side and rear setback standards for new or pre-existing structures as follows:
a. Front, side and rear building setbacks shall be calculated as follows: The maximum front
and street-side building setback may not exceed the average front yard depth of the nearest
two (2)lots on both sides of the subject lot or ten(10)feet,whichever is less.
i. If one or more of the lots required to be included in the averaging calculation is
vacant,such vacant lot(s)will be deemed to have a yard depth of zero feet.
ii. Lots fronting a street other than the subject lot or separated from the subject lot by
a street or alley may not be used in the computing average.
iii. When the subject lot is a corner lot, the average setback will be computed on the
basis of the two (2) adjacent lots that fiont on the same street as the subject lot.
iv. When the subject lot abuts a corner lot fouling on the same street, the average
setback will be computed on the basis of the abutting corner lot and the nearest two
(2)lots that front on the same sheet as the subject lot.
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194
I Calculating Setbacks
Example:(12 ft.+S ft.+l2 ft.+Ort.)14=8 ft,
subject lot vacsntiot
average
setback
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y/subject lot subject lot
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STREET STREET -
subject lot
11a cekJ lot nn—��� a
STREET
b. The following exceptions to the maximum front and street side building setbacks apply:
i. A portion of the building may be set back from the maximum setback line in order
to provide an articulated fagade, window box, hanging sign, awning or marquee, or
to accommodate a building entrance feature, provided that the total area of the
space created must not exceed one (1) square foot for every linear foot of building
frontage.
ii. A building may be set back farther than the maximum setback in order to
accommodate an outdoor eating area. In order to preserve the continuity of the
streetwall, the building may be set back no more than twelve (12) feet from the
front or street side property line or at least forty(40) percent of the building fagade
must be located at the maximum setback line.
Exceptions to.Minimum Front and Street Side Setbacks
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18.5.4 Orientation
Buildings shall be oriented parallel with the front setback line to establish and preserve a consistent
building line, with primary entrances oriented toward the street. The front fagade of a principal building
shall face onto a public street and not towards a parking lot.
J8.5.5 Articulation
Large expanses of blank walls are prohibited. A single building with a width of more than sixty (60) feet
facing a street line or a public or municipal parking area shall be divided visually into sub-elements
which,where appropriate, express the functional diversity within the building.Major articulations shall be
spaced no farther apart than twenty-five(25)percent of the building length at street level. The articulation
of a fagade on a building shall be continued on all sides visible from a public street or courtyard.
18.5.6 Transparency
The intent of these transparency standards is to maintain a sense of visual continuity and provide interest
for pedestrians by ensuring that the solid-to-void ratio (the percentage of glass to solid wall surface that is
used on a building face) appears similar to that seen in traditional store fonts.
a. A minimum of sixty (60) percent of the street-facing building fagade between two (2) feet
and eight(8) feet in height must be comprised of clear windows that allow views of indoor
nonresidential space or product display areas.
b. The bottom edge of any window or product display window used to satisfy the
transparency standard of paragraph(a) above may not be more than three(3)feet above the
adjacent sidewalk.
c. Product display windows used to satisfy these requirements must have a minimum height
of four(4)feet and be internally lit.
18.5.7 Doors and Entrances
a. Buildings must have a primary entrance door facing a public sidewalk. Entrances at
building corners may be used to satisfy this requirement.
b. Building entrances may include doors to individual shops or businesses, lobby entrances,
entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or
businesses.
c. The main business entrance to each ground floor business shall be accentuated by larger
doors, signs,roof overhangs,hooded front door, canopy or similar means.
d. Where a building has a street frontage greater than one hundred (100) feet, doors must be
placed an average of one door every fifty(50)feet of fiontage.
18.5.8 Utilities
Underground utilities for new and redeveloped building may be required unless physically restricted or
blocked by existing underground obstructions.
196
18.6 Special Permit Standards and Criteria
In addition to the specific criteria regarding the grant of a special permit contained in Section 10.31 of this
bylaw,the Planning Board shall issue a special permit only after consideration of the following:
a. Impact on the neighborhood visual character, including architectural design, views and
vistas; and
b. Degree to which the proposed use will share an access driveway and/or parking with an
adjacent use and avoids new curb cuts.
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197
Zoning Bylaw Footnotes and Graphics
Diagram 1.
footnote 9i,pillage CaulnterCial [tirrteltsienal Requirarttents- dlagratu 1
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Graphics from Section 8.4.4
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