HomeMy WebLinkAbout2012-06-12 Planning Board Supplemental Materials (32) SECTION 16 CORRIDOR DEVELOPMENT DISTRICT
16.1 Objectives
The Corridor Development District is intended:
1. To control the design of commercial and residential development along the primary corridors for
vehicular travel through North Andover(Route 114, Route 133, and Route 125) in such a manner
that encourages sound site planning, appropriate land use, the preservation of aesthetic and visual
character, and promote economic development and diversity in the community tax base for the
Town;
2. To foster a greater opportunity for creative development by providing control and design
guidelines which encourage a mix of uses compatible with existing and neighboring residential
properties;
3. To accommodate a compatible mixture of uses that complement commercial and residential uses
typically associated with transportation corridors and large traffic flows.
4. To serve as a transition area between commercial development and the neighboring residential
properties by ensuring that the appearance and effects of buildings and uses are harmonious with
the character of the area;
5. To allow considerable flexibility under a special pen-nit in the development of tracts of land as
recommended in the Town of North Andover Master Plan in accordance with the goals and
objectives in the Master Plan;
6. To allow a developer to propose a site development use and plan unique to a particular location.
16.2 Corridor Development District 1(CDD1)- Permitted Uses
In the Corridor Development District 1, no land shall be used and no building or structure shall be
reconstructed, erected, altered or used for any other purpose than the following:
1. Retail uses excluding auto sales and repair provided there is no outdoor sales or storage of
materials and products.
2. Restaurants excluding drive-through facilities.
3. Personal service establishments.
4. Public building or use and Public Service Corporation.
5. Professional offices including, but not limited to banks, real estate offices, insurance offices,
physician offices, dentists, attorneys, architects, engineers or accountants. No drive-through
facilities are permitted with these uses.
6. Art Gallery
7. Cultural Center or Museum
8. Place of worship
9. Same-structure/On-site Mixed Use Developments
a. Residential uses shall not be located on the first floor of a structure or building.
b. Apartments and condominiums shall be allowed where such use is not more than fifty percent
(50%) of the gross square feet for a two (2) story building and not more than seventy-five
percent(75%) of the gross square feet for a three(3) story building.
16.3 Corridor Development District 2 (CDD2) - Permitted Uses
In the Corridor Development District 2,no building or structure shall be reconstructed, erected,
altered or used for any other purpose than the following:
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I. Retail uses provided there is no outdoor sales or storage of materials and products. However, auto
sales and repair are not allowed.
2. Restaurants excluding drive-through facilities.
3. Personal service establishments.
4. Indoor recreation, fitness, and health care facility.
5. Indoor place of amusement or assembly.
6. Public building or use and Public Service Corporation.
7. Professional offices including, but not limited to banks, real estate offices, insurance offices,
physician offices, dentists, attorneys, architects, engineers or accountants. No drive-through
facilities are permitted with these uses.
8. Art Gallery
9. Cultural Center or Museum.
10. Place of worship.
11. Same-structure/On-site Mixed Use Developments
a. Residential uses shall not be located on the first floor of a structure or building.
b. Apartments and condominiums shall be allowed where such use is not more than fifty percent
(50%) of the gross square feet for a two (2) story building and seventy-five percent(75%) of
the gross square feet for a three (3) story building.
12. Farming, Livestock, Animal Care:
a. Fanning of field crops and row crops, truck gardens, orchards, plant nurseries, and
greenhouses.
b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any
kind or assortment of animals or birds in addition to the household pets of a family living on
such Iot, and for each additional acre of lot size, the keeping of one (I) additional animal or
bird up to a maximum of five (5) animals, 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 of any number of animals or birds regardless
of ownership and the operation of equestrian riding academies, stables, stud farms, dairy
farms, and poultry batteries
d. The sale of products raised as a result of the above uses on the subject land.
l3. Fence businesses, fence contractor's yard, sales of sheds, swings sets and like equipment and
supplies, including outdoor sales and outdoor storage of material, equipment, and supplies."
16.4 Corridor Development District 3 (CDD3) - Permitted Uses
In the Corridor Development District 3, no building or structure shall be reconstructed, erected,
altered or used for any other purpose than the following:
1. Retail uses provided there is no outdoor sales or storage of materials and products. However, auto
sales and repair are not allowed.
2. Restaurants excluding drive-through facilities.
3. Personal service establishments.
4. Indoor recreation, fitness, and health care facility.
5. Indoor place of amusement or assembly.
6. Outdoor place of amusement or assembly.
7. Public building or use and Public Service Corporation.
8. Professional offices including, but not limited to banks, real estate offices, insurance offices,
physician offices, dentists, attorneys, architects, engineers or accountants. One drive-through
facility shall be permitted every 500 linear feet of street or highway as measured along centerline.
9. Medical Center.
10. Research and Development Facility not to exceed 25,000 square feet.
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11. Printing and Reproduction.
12. Warehousing and Wholesaling.
13. Motel and Hotel.
14. Art Gallery.
15. Cultural Center or Museum.
16. Place of worship.
17. Day Care Center.
18. Same-structure/On-site Mixed Use Developments:
a. Residential uses shall not be located on the first floor of a structure or building.
b. Apartments and condominiums shall be allowed where such use is not more than fifty percent
(50%) of the gross square feet for a two (2) story building and seventy-five percent (75%) of
the gross square feet for a three(3) story building.
16.5 Uses Subject to a Special Permit
The following uses may be allowed in the Corridor Development Districts by granting of a Special
Permit pursuant to Section 8.3 and 10.3 of the Bylaw:
I. No building or structure in excess of 3,000 gross square feet of building area shall be constructed,
reconstructed, erected or altered in the Corridor Development District without the granting of the
Special Permit. The granting of the Special Permit shall be pursuant to Section 8.3 and 10.3 of the
bylaw and subject to the following conditions:"
a. Submission of a traffic impact and mitigation plan by a professional traffic
engineer/consultant.
b. For those parcels abutting residential zoned properties, sufficient evidence must be provided to
demonstrate that no reasonable alternatives to the site layout, site design, and parking
configuration exist.
c. A determination by the Planning Board that the proposed development will not create adverse
traffic and safety impacts and neighborhood streets and uses are harmonious with the character
of the area.
d . A determination by the Planning Board that the proposed development provides sufficient
screening and buffering for those parcels abutting residential zoned properties.
2. For outdoor storage, display, and sales of materials, products and goods in connection with retail
uses and provided:
3. Permissible area of land devoted to the specially permitted outdoor use may not exceed twenty
percent (20%)within CDD I and thirty percent(30%)within CDD2 of the indoor principal use
devoted to retail sales.
4. The products, materials or goods displayed, stored or sold outdoors, by special permit, must not be
visible from any residential use.
5. The goods, materials, and products permissible for outdoor storage, display and sales hereunder,
shall explicitly exclude automobiles, motorcycles, or other wheeled vehicles and include only
goods, materials, and products, which are customarily stored, displayed, or sold outdoors without
the necessity for cover from the weather. Fertilizers and other toxic, hazardous chemicals are also
excluded herein.
6. The amount of area designated for outdoor storage shall be included in the dimensional
requirements for maximum lot coverage.
7. The entire outdoor storage area shall be enclosed by a wall of solid opaque material such as
masonry or solid wood fencing which, in the opinion of the Planning Board, will not derogate
from the surrounding area.
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8. Sufficient landscaping shall be provided around the perimeter of the storage area at the discretion
of the Planning Board.
9. Only living plants can be higher than the surrounding vertical structural screening.
16.6 Design Standards
I. Any other performance standards of the town shall also apply to uses conducted under this Section
16.6 of the North Andover Zoning Bylaws;
2. Architecture should demonstrate the cohesive planning of the development and present a clearly
identifiable design feature throughout. Applicants are encouraged to use traditional New England
architectural elements in the design. It is not intended that buildings be totally uniform in
appearance or that designers and developers be restricted in their creativity. Rather, cohesion and
identity can be demonstrated in similar building scale or mass; consistent use of facade materials;
similar ground level detailing, color or signage; consistency in functional systems such as roadway
or pedestrian way surfaces, signage, or landscaping; the framing of outdoor open space and
linkages, or a clear conveyance in the importance of various buildings and features on the site;
3. Buildings adjacent to usable open space should generally be oriented to that space, with access to
the building opening onto the open space;
4. All new utilities shall be placed underground;
5. Landscaped space and pedestrian connectivity shall be designed and located to provide sufficient
and safe access throughout the development and/or abutting residential neighborhoods. An
alternative to a sidewalk, such as an asphalt path or trail, which better serves the purpose of
connecting commercial businesses to each other and the community, may also be used;
6. Commercial uses shall be designed and operated, and hours of operation limited where
appropriate, so that neighboring residents are not exposed to offensive noise, especially from
traffic or late-night activity. No amplified music shall be audible to neighboring residents;
7. Vehicular access to and from public roads is intended to be consolidated. Vehicular access to lands
from a public roadway shall generally be limited to one(1) access point, particularly when
frontage along said roadway is two hundred(200) feet or less;
8. Driveway consolidation should be undertaken so as to reduce traffic conflicts on feeder or
collector streets:
a. Provision for Interior roadways and common curb cuts:
i. To allow for the least disruption in flow on the primary corridors, and the opportunity for
orderly growth within the zoning districts bordering this state roadway, the town considers
the reduction of entrances and exits on the highway of major concern. For that reason, all
site plans shall show reasonable plans for interior roadways linking neighboring parcels
presently developed or which could be developed as future site development to a common
access point.
ii. The Planning Board may approve provisions for interior roadways utilizing joint access
and/or egress, recognizing that the final design and permitting of access to the primary
corridors is to be accomplished only through the access permit process of the
Massachusetts Highway Department. The Planning Board shall have the authority to
authorize the following density bonuses for abutting owners who develop interior
roadways or feeder streets utilizing a common drive and curb cuts thereby eliminating per
parcel access/egress point on the highway:
1. an additional five (5%)percent in the amount of lot coverage allowed by the
requirements of the bylaw for an existing or proposed use; and,
2. an increase of one dwelling unit per acre for an existing or proposed residential use.
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iii. Applicants should notify the Massachusetts Highway Department as soon as possible of
their intent to utilize the provisions of this bylaw in order to facilitate an orderly and
cooperative permitting process between the Planning Board and the state highway
department;
9. The design should preserve and enhance natural features such as topography, waterways,
vegetation, and drainage ways;
10. The design should minimize impervious surfaces and incorporate other design features to
minimize storm water runoff, and
11. Mixed Use Developments should maximize pedestrian transit-oriented development. Specifically
they should use "traffic-calming" techniques liberally; provide networks for pedestrians as good as
the networks for motorists; provide pedestrians and bicycles with shortcuts at alternatives to travel
along high-volume streets, and emphasize safe and direct pedestrian connections to transit stops
and other commercial and/or employment nodes; provide long-term, covered, bicycle parking
areas; provide well-lit, transit shelters; incorporate transit-oriented design features; and establish
Travel Demand Management programs at employment centers.
16.7 Screening and Landscaping Requirements
1. Front Yard: The ten (10) feet nearest the street or front lot line must be landscaped and such
landscaping shall not affect vehicular sight distance.
2. Side Yards: The five(5) feet nearest the side lot line must be landscaped. A waiver to the
landscape requirements may be granted if one access driveway services the lot.
3. Rear Yards: The ten (10) feet nearest the rear lot lines must be landscaped.
4. Side and Rear Yards: Where a lot abuts a residential zoning district, the fifteen(15) feet nearest
the side and rear lot lines must be Iandscaped. In addition, within ten (10) feet of the side and rear
lot line, a buffer of at least eight (8) foot high trees or shrubs must be planted and maintained in a
healthy condition by the owner of the property in perpetuity. A six (6) foot stockade fence must
be erected along the side and rear properly lines to physically separate the residential zone from
the Corridor Development District areas. The Planning Board may specify the type and species of
natural buffering required.
5. Building Foundation: A minimum three(3) foot wide landscaping strip must be installed along the
entire length of each building foundation wall, except at points of entry/exit, lawfully required fire
access points, loading/receiving bay areas, and any other structural amenities necessary and
ordinary to the use of the building.
6. The Planning Board shall have final discretion in determining if sufficient landscape screening and
buffering of varying depth and height has been provided.
7. All required screening, as described in items 1 through 6 above, shall be maintained in good
condition at all times and in perpetuity.
16.8 Lighting and Signs
1. All outdoor lighting shall be designed so as not to adversely impact surrounding uses and
residential properties, while also providing a sufficient level of illumination for access and security
purposes. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of
brightness.
2. Parking areas shall be illuminated to provide appropriate visibility and security during hours of
darkness.
3. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not
produce a strong, direct light beyond the property boundaries, and shall be directed toward the
object or area to be illuminated. Light shall be directed away from residences. Where a lot abuts a
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residential zoning district, additional screening measures may be required at the discretion of the
Planning Board.
4. Lighting of the site shall be adequate at ground level for the protection and safety of the public in
regard to pedestrian and vehicular circulation. The glare from the installation of outdoor lights and
illuminated signs shall be contained on the property and shall be shielded from abutting properties.
5. Landscape screening shall consist of planting, including evergreens, the plantings to be of such
height, depth as needed to sufficiently screen from view abutting residential areas any unshielded
light source, either inside or outside.
6. All signs shall conforin to Section 6.6(D) Business and Industrial Districts.
16.9 Submission of a Special Permit Application and Plan
Procedures for submission of application and plan:
1. The applicant shall file eight(8) copies of Corridor Development District Plan, supporting
materials, filing and outside engineering review escrow fees, and three (3) copies of the form titled
"Corridor Development District Special Permit Application"to the Planning Board. The Town
Planner shall certify that the plans and materials submitted have been time stamped by the Town
Clerk's Office and meet the submittal requirements.
2. The Planning Board, within sixty-five(65) days from receipt of the plan by the Town Clerk, shall
determine whether the proposed project is generally consistent with criteria of the paragraph 16.1
of this Section. The Planning Board will review the plans during a public hearing process and will
receive comments from the public, other Town Departments, and the applicant.
3. The applicant must follow the procedures for obtaining a Special Permit as set forth in Section
10.3 of the Zoning Bylaw.
4. If applicable, the applicant must follow the procedures for Site Plan Review under Section 8.3,
Site Plan Review.
16.10Parking Requirements
The Planning Board, at its sole discretion, may waive required parking spaces if it determines that the
permitted use may allow for less than the zoning mandated parking requirement. The Planning Board
may consider one of the following in its determination:
1. The elimination of up to 25% of the required parking spaces to be constructed.
2. The elimination of up to 25% of the required parking spaces to be initially constructed,but
require an adequate area for future spaces should they be required at a later date.
3. The elimination of up to 25% of the required parking spaces to be initially constructed, but
require an adequate area for future spaces should they be required at a later date due to a change of
use.
16.11 Change of Use Subsequent to Granting of Special Permit
Special Permits granted under any Corridor Development District shall be subject to a new public
hearing for a new Special Permit if, in the opinion of the North Andover Zoning Enforcement Officer,
a change of use occurs and the initial Special Permit was granted a parking waiver under Section
16.10 herein.
16.12 Use of Existing Structure on Existing Lot
1. Upon review, the Planning Board may waive some or all of the special permit requirements
outlined herein if a proposed change of use from residential to the Corridor Development District
permitted use, results in no substantial change to an existing structure and is located on the same
dimensional lot that existed prior to creation of any Corridor Development District.
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2. To encourage the continued use of existing industrial and commercial structures and provide
additional flexibility to landowners within the CDD3, an applicant may apply to the Zoning Board
of Appeals for a Special Permit to expand the gross floor area of the non-conforming industrial
and commercial structure(s)by up to twenty-five (25%) as existed on the date of enactment of the
CDD3. The expansion permitted by the this Special Permit shall not be considered 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 way objectionable to or
detrimental to any residential use within the neighborhood. After such approval has been obtained
from the ZBA, the applicant must obtain a Site Plan Special Permit as required under Section 16.
16.13 Dimension and Density Requirements
16.13.1 Corridor Development District 1
1. Minimum lot size: 43,560 sq. ft.
2. Minimum frontage: 150 feet.
3. Maximum lot coverage including buildings, driveways, and parking areas: 70%.
4. Maximum building coverage: 50%.
5. Maximum height, not to exceed three(3) stories above ground: 35 feet.
6. Minimum building and structures front setback: 10 feet.
7. Minimum building and structures rear setback: 20 feet.
8. Minimum building and structures side setback: 15.
9. Minimum building and structures where lot abuts residential zoning district: 20 feet.
10. Minimum distance between buildings: 10 feet.
11. Minimum usable open space requirements: 30% of minimum lot size.
12. Floor area ratio: 0.75:1.
16.13.2 Corridor Development District 2
1. Minimum lot size: 87,120 sq. ft.
2. Minimum frontage: 250 feet.
3. Maximum lot coverage including buildings, driveways, and parking areas: 70%.
4. Maximum building coverage: 40%.
5. Maximum height, not to exceed three(3) stories above ground: 35 feet.
6. Minimum building and structures front setback: 10 feet.
7. Minimum building and structures rear setback: 25 feet.
8. Minimum building and structures side setback: 15.
9. Minimum building and structures where lot abuts residential zoning district: 20 feet.
10. Minimum distance between buildings: 10 feet.
1 l. Minimum usable open space requirements: 30% of minimum lot size.
12. Floor area ratio: 0.75:1.
16.13.3 Corridor Development District 3
1. Minimum lot size: 108,900 sq. ft.
2. Minimum frontage: 250 feet.
3. Maximum lot coverage including buildings, driveways, and parking areas: 70%.
4. Maximum height, not to exceed forty-five(45) feet above grade.
5. Minimum building and structures front setback: 15 feet.
6. Minimum building and structures rear setback: 30 feet.
7. Minimum building and structures side setback: 20
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8. Minimum building and structures where lot abuts residential zoning district: 35 feet.
9. Minimum distance between buildings: 10 feet.
10. Minimum usable open space requirements: 30% of minimum lot size.
11. Floor area ratio: 0.75:1.
SECTION 17.0 OSGOOD SMART GROWTH OVERLAY DISTRICT (OSGOD)
17.1 Purpose
It is the purpose of this Section to establish an Osgood Smart Growth Overlay District and to encourage
smart growth in accordance with the purposes of G. L. Chapter 40R, and to foster a range of housing
opportunities along with a mixed-use development component, to be proposed in a distinctive and
attractive site development program that promotes compact design, preservation of open space, and a
variety of transportation options, including enhanced pedestrian access to employment and nearby rail
access. Other objectives of this Section are to:
1. Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;
2. Provide for a full range of housing choices for households of all incomes, ages, and sizes in order
to meet the goal of preserving municipal character and diversity;
3. Increase the production of a range of housing units to meet existing and anticipated housing needs;
4. Provide a mechanism by which residential development can contribute directly to increasing the
supply and diversity of housing;
5. Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective
development review and permitting;
6. Establish development standards to allow context-sensitive design and creative site planning;
7. Enable the Town to receive Smart Growth Educational Aid payments for school children which
may reside in residential developments within the OSGOD pursuant to G.L. Chapter 40S, and
which are available only for new developments in 40R Smart Growth Zoning Overlay Districts;
and
8. Enable the Town to receive Zoning Incentive Payments and/or Density Bonus Payments in
accordance with G. L. Chapter 40R and 760 CMR 59.06 arising from the development of housing
in the Osgood Smart Growth Overlay District.
17,2 Definitions
For purposes of this Section 17.0, the following definitions shall apply. All capitalized terms shall be
defined in accordance with the definitions established under the Enabling Laws or this Section 17.2, or as
set forth in the rules and regulations of the Permit Approval Authority ("Regulations"). To the extent that
there is any conflict between the definitions set forth in this Section I7.2 or the Regulations and the
Enabling Laws, the terms of the Enabling Laws shall govern.
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