Andover City Zoning Code
SECTION 7
SPECIAL RESIDENTIAL REGULATIONS
7.1.1 Purpose and Intent.
The purpose of this Section 7.1 is to encourage the development of affordable housing in the Town of Andover by increasing the supply of housing in the Town that is available to low and moderate-income households as defined in Section 10 Affordable Housing. This Section 7.1 gives the Zoning Board of Appeals authority to issue a special permit modifying dimensional standards for the use of existing nonconforming lots for purposes of affordable housing as defined herein.
7.1.2 Standards and Regulations.
The following specific standards shall be applied to a dimensional special permit for affordable housing:
1.
At least 90 percent of the area of the lot shall be comprised of contiguous uplands.
2.
The lot shall be served by municipal sanitary sewer and water. In the event municipal sewer is not available, the lot shall be capable of supporting an on-site sewage disposal system.
3.
There may not be more than one single-family dwelling on the lot.
4.
No dwelling unit may contain more than 2,000 square feet of living area, exclusive of garage space.
5.
The Zoning Board of Appeals may establish setback requirements that are compatible with adjoining properties.
7.1.3 Findings Required.
In addition to the findings required under Section 9.4.2. of the Zoning Bylaw, the permit granting authority shall consider the following specific items:
1.
That the modification of dimensional requirements is necessary to accomplish the purpose and intent of this Section 7.1.
2.
That the proposed dwelling is compatible with the existing neighborhood with regard to size and architecture.
3.
That in the absence of a special permit, the use of an existing nonconforming lot would not be available for affordable housing.
7.1.4 Conditions To Be Imposed.
If the Zoning Board of Appeals grants the special permit, it shall impose as conditions of approval, the following:
1.
In the event of a catastrophic event which results in damage to the affordable dwelling such that it cannot be repaired, the owner may rebuild on the lot, provided that the new dwelling does not contain more than the same interior floor area as the original dwelling, and meets one of the following requirements:
2.
The owner shall record with the Northern Essex Registry of Deeds an affordable housing restriction in the form approved by the Zoning Board of Appeals, and approved and endorsed by the Director of Housing and Community Development in accordance with G.L. c. 184, §§ 31-32. The restriction shall include, but not be limited to the following conditions:
a.
The residential unit shall serve households with household income at or below 80 percent of the area median income;
b.
The residential unit shall have a deed restriction and resale formula that keeps the unit permanently affordable;
c.
The sale of the unit shall be subject to an affirmative and fair marketing plan; and
d.
Any mortgagee shall subordinate its mortgage to this restriction.
3.
When the decision of the Zoning Board of Appeals on the application for a dimensional special permit for affordable housing has become final, the notice of decision and the approved and endorsed affordable housing restriction with any required mortgagee subordination shall be recorded concurrently with the Northern Essex Registry of Deeds.
7.1.5 Application Requirements and Procedure.
1.
Submission requirements shall be in accordance with the Zoning Board of Appeals Rules and Regulations. The provisions of Sections 9.4.1. through 9.4.7. of the Zoning Bylaw shall apply to the application, hearing, decision, conditions, and lapse of a dimensional special permit for affordable housing.
7.2.1 General.
The Planning Board may grant a special permit for the construction and occupancy of a cluster development on a tract of land of 10 acres or more, in any single residence district other than the Single Residence A District, subject to the following regulations and conditions of Section 7.2.
7.2.2 Dimensional Requirements.
1.
Open Space and Lot Area. The total area of common open space (see Section 7.2.4 below) plus all lots in a cluster development shall not be less than the product of the total number of lots times the minimum lot size for the zoning district in which the development is located, and in no case shall an individual lot have less than 2/3 of the required lot size for the zoning district in which the development is located.
2.
Minimum Lot Frontage. The minimum frontage of any individual lot shall be 100 linear feet measured at the street line.
3.
Reduced Lot Frontage or Lot Area. Only lots fronting on a proposed "minor" street (a turn-out street, cul-de-sac, or dead-end street) may have reduced lot area as per Section 7.2.2.1 above and/or a minimum lot frontage of 100 feet measured at the street line.
4.
Conformance to Frontage and Area Requirements. All lots on existing Town or public ways or lots abutting proposed major streets of the development (as defined in the Subdivision Rules and Regulations) shall conform to the frontage and area requirements of the zoning district in which the development lies. The provisions of this Zoning Bylaw amendment shall not apply to those lots approved prior to the adoption of this amendment pursuant to the provisions of G.L. c. 40A and 41 and the Rules and Regulations governing the subdivision of land in the Town of Andover.
5.
Reduction in Side Yard. In consideration of a special permit for a cluster development under this section, the Planning Board may approve a reduction in the minimum side yard depth to 20 feet.
7.2.3 Cluster Subdivision contrasted with Conventional Subdivision.
The applicant shall demonstrate to the Planning Board the reason or reasons why a cluster subdivision plan should receive favorable action by the Board on the special permit application. The applicant shall submit a narrative statement regarding the advantages of a cluster subdivision plan as well as a sketch plan of the conventional subdivision at a scale of either one inch equals 40 feet or one inch equals 100 feet.
The narrative statement shall indicate the potential maximum number of buildable lots and dwelling units for each type of subdivision. The maximum density of a cluster subdivision shall not exceed the maximum allowed density for a conventional subdivision. The sketch plan is meant to be conceptual in nature but shall be realistic in its response to existing topography, wetlands, floodplains, or where potential building lots or roads would not ordinarily be permitted by right in a conventional subdivision layout.
7.2.4 Common Open Space.
All land not designated for roads, lots for dwellings or other development within the development shall be held for common open space. Common open space shall be preserved for recreation or conservation and shall comprise not less than 30 percent of the land within the cluster development; provided, however, that proposed common open space areas deemed by the Board to be inappropriate for the uses of recreation, protection of significant natural features, or buffering due to size, shape, or location of such space or area shall be excluded from the computation of required common open space areas.
1.
Conveyance. Common Open Space shall be conveyed to one of the following:
a.
The Town of Andover and accepted by it for park or common open space use; or
b.
A nonprofit organization, the principal purpose of which is the conservation of common open space; or
c.
A corporation or trust owned or to be owned by the owners of lots or residential units within the development, articles of corporation or trust to be legally drawn up and available for review by Planning Board prior to final approval of the plan. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units.
In any instance where Common Open Space is not conveyed to the Town, a restriction enforceable by the Town of Andover shall be recorded providing that such land shall be kept in an open or natural state and not be built upon or developed for accessory uses such as parking or roadway. All Common Open Space shall be restricted by deed from all future building. Before final approval of the special permit by the Planning Board, the developer shall state which of the three conveyance options above is being proposed, and the disposition, if approved, shall be recorded as a restriction on the development plan with the Northern Essex Registry of Deeds
2.
Pedestrian Accessways. The Board may require the provision or reservation of pedestrian/bicycle accessways of suitable width and in locations suitable for pedestrian/bicycle movement of different types connecting common open space areas within the cluster subdivision or to other adjacent open spaces and neighborhoods, or to public rights-of-ways.
7.2.5 Special Permit.
The Planning Board shall approve a special permit for a cluster development only if it finds that the proposed disposition of lots and buildings under the particular circumstances involved will make more efficient the provision by the Town of health, safety, protective, and other services without causing substantial detriment to the character of the neighborhood. In its consideration of a plan being proposed as a cluster subdivision, the Board shall give particular attention to, and may use as a basis for its decision, the following criteria:
1.
The arrangement of lots, streets, and buildings as they may promote the harmonious integration of the proposed development with existing surrounding properties;
2.
Originality in the overall layout and design to achieve the best possible relationship between the proposed development and the land;
3.
Usability of open spaces for active or passive recreation, determined by size, shape, topography, and location;
4.
Inclusion within open spaces of irreplaceable natural features such as streams, mature trees, clusters of trees, rock outcrops, eskers, bluffs, slopes, and historic or archaeological features;
5.
Accessibility of open spaces to people with disabilities, older adults, and children and that meet the requirements of the Massachusetts Architectural Access Board and the Americans with Disability Act; and
6.
Suitability of open spaces for scenic values and improvement or preservation of views.
7.3.1 Purpose.
The objectives of this Section 7.3 are to achieve the following public purposes:
1.
To provide for the development and use of alternative housing and nursing care for older adults in accordance with the Town's Master Plan.
2.
To create geriatric home health care, housing, and other supportive services outside of an institutional setting.
3.
To encourage the preservation of open space.
4.
To provide alternative housing for older adults, as defined in Section 10, that cause relatively little demand on Town services.
5.
To preserve the town's residential and architectural character.
6.
To provide such accommodations in a manner harmonious with the surrounding land uses while protecting natural resources and open space.
7.
To provide housing that is affordable to older adult residents of Andover.
7.3.2 Applicability.
7.3.3 Assisted Living Residences - Dimensional Requirements and Design Standards.
Dimensional requirements and design standards shall be as follows:
1.
Minimum Lot Size. An assisted living residences shall be permitted in the SRA and SRB Districts only within a single lot containing a total area of not less than five acres. In the MU District, the minimum lot size shall be two acres. There shall be no minimum lot size required for the GB District.
2.
Density. The maximum allowable density shall be 3,000 square feet of lot area per assisted living unit.
3.
Building Height. Any addition or new construction shall not exceed 35 feet in height as measured in accordance with the State Building Code or three stories. This does not preclude the reuse and renovation of existing structures that may exceed this height limit.
4.
Building Coverage. The maximum building coverage, including accessory buildings, shall not exceed 30 percent of the lot area for new construction or expansion of existing structures.
5.
Building Setbacks. In the SRA and SRB Districts, buildings shall be set back a minimum of 50 feet from all property lines. In the MU District, the building setback will be 20 feet. Buildings in the GB District shall be setback as required in Section 4.1.4.2.b of this Bylaw.
6.
Setback from Residential Dwellings. In the SRA and SRB Districts, all buildings associated with the assisted living residences shall be set back a minimum of 200 feet from existing residential dwellings; however, with respect to accessory structures not greater than 300 square feet in said districts, the SPGA, in its discretion, may reduce the setback by an amount to no closer than 100 feet if it determines that the structure will not adversely impact the use and enjoyment of the existing residential dwelling. In the MU and GB districts, the setback shall be 50 feet.
7.
Minimum Lot Frontage. The minimum lot frontage shall conform to the requirements of the district where assisted living residence use is located.
8.
Town Services. Assisted living residences shall be serviced by public water and sewer of sufficient capacity to serve the project. Any extension and/or replacement of sewer and/or water lines necessary to provide sufficient capacity shall be the responsibility of the applicant.
9.
Transportation Services. The operator of the assisted living residence shall be required to provide or arrange for transportation to Town services and facilities for the residents.
10.
Common Open Space: In the SRA and SRB Districts, there shall be an area of common open space equal to at least 30 percent of the lot area. The common open space shall be retained in perpetuity for conservation or passive recreation use. No more than 25 percent of the minimum required open space shall be situated within wetlands. A permanent conservation restriction as approved by Town Counsel and the Secretary of the Executive Office of Energy and Environmental Affairs pursuant to G.L. c. 184 § 32 shall be recorded for the common open space area and shall include restrictions that the land be retained in perpetuity for conservation and/or passive recreation.
11.
Parking. Parking shall be provided as required by Appendix A, Table 3. Up to 25 percent of the minimum number of required spaces may be allocated for compact cars in accordance with the parking requirements of Appendix A, Table 3 this Bylaw. The Planning Board, in its discretion, may require additional parking spaces to serve the needs of employees, visitors, and service vehicles, such spaces to be provided in a "reserve parking area" that would not be built unless determined necessary by the Building Commissioner. Parking shall meet the requirements of the Massachusetts Architectural Access Board and the Americans with Disabilities Act (ADA).
[Amended 4-30-2024 ATM by Art. 28]
12.
Access and On-site Circulation. Adequate on-site circulation shall be provided to and from the site, taking into consideration the adjacent sidewalks, streets and accessibility of the site and building(s) for emergency vehicles. Adequate provision shall be made for off-street loading and unloading requirements of delivery vehicles and passengers using private transportation.
13.
Public Safety. The facility shall also have an integrated emergency call, telephone, and other communication system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Andover Fire Department for the emergency evacuation of residents with emphasis on ensuring the safety of residents with physical impairments.
14.
Landscaping. Landscaping and screening shall be required to obscure visibility from beyond the boundaries of the premises of parking areas, dumpster locations, and loading areas. In the SRA and SRB Districts, the minimum setback from all property lines of parking lots, dumpster locations, and loading areas except for their points of ingress and egress shall be 15 feet.
7.3.4 Assisted Living Residences - Affordability.
1.
Except as provided in Sections 7.3.4.7 and 7.3.4.11, 15 percent of the total number of assisted living units shall be set aside as affordable housing units for older adults who qualify as low, moderate, or upper-moderate income persons as defined in Section 10.
2.
In determining the total number of affordable units required, a fractional unit of 0.5 or more shall be regarded as a whole unit. To the extent legally permissible, the affordable units shall be offered to eligible Andover residents before being offered to non-Andover eligible persons.
3.
The affordable units may be rented, sold, or otherwise provided to qualified older adults in accordance with income and asset limitations established by the authorizing state or federal agency in those instances where the affordable units benefit directly from such assistance. In the absence thereof pursuant to the definitions of income and assets established for the Low-Income Housing Tax Credit program, or pursuant to the standards promulgated by the SPGA.
4.
Affordable units shall be dispersed throughout the building(s) and shall be compatible with and generally comparable to the market-rate units in terms of location, quality, and character.
5.
Affordable units shall be set aside in a manner representing all three income levels as follows: 20 percent shall serve low income persons, 50 percent shall serve moderate income persons and 30 percent shall serve upper-moderate income persons.
6.
Although eligibility for the affordable units shall be determined by reference to income and assets of the prospective residents, the affordable units shall be considered affordable only if they are restricted in the amount of monthly rent or other monthly charges for the unit based upon a percentage of the applicable median income. For purposes of computing the monthly rent or other monthly charges for the unit, there shall be excluded any special charges for extra or specialized services that are not provided to the general population of the project but are unique to the particular needs of an individual resident.
The standards of affordability for proposed projects, including, without limitation, the methods of determining and maintaining eligibility, the percentage of applicable median income used for limiting the monthly amounts charged for the affordable units and any variations in the percentages of median income in the three income levels shall be set and revised from time to time by the SPGA provided said standards are consistent with appropriate federal and state standards.
7.
At the discretion of the SPGA, the applicant may be permitted to set aside a lower percentage of affordable units, but in no case less than 10 percent of the units, if, in the opinion of the SPGA, the applicant has demonstrated that public subsidies (such as public or low interest financing; tax benefits; and Town-provided subsidies such as provision of services, real estate tax abatements, reduced assessments, or reductions of water and sewer charges with respect to the affordable units) are unavailable or inappropriate and/or the provision of the required percentage of affordable units will threaten the viability of the project without some form of relief. Under these circumstances, or in order to encourage an applicant to exceed the required percentage of affordable units, the SPGA may:
a.
Provide a density bonus whereby the total number of allowable units computed hereunder ("Maximum allowable units") may be increased by a number of additional units determined by the SPGA, not to exceed 25 percent of the maximum allowable units. Any additional units granted by the SPGA as a density bonus shall be market units and shall not cause a corresponding increase in the number of required affordable units;
b.
Permit higher percentages of units to be offered to moderate or upper-moderate income persons; or
c.
Permit the applicant to make a cash or other contribution to the Town or its designee for use by the Town in (1) providing or subsidizing affordable housing for low, moderate, and upper-moderate income older adults as defined in Section 10 or (2) providing other facilities or services for older adults.
8.
Affordability restrictions shall be embodied in applicable deed covenants, contractual agreements, and/or other mechanisms to ensure compliance with this section.
9.
All affordable units shall be maintained as affordable housing units for the life of the assisted living residences.
10.
Prior to the issuance of any building permit for any units, a clearance certificate shall be required to be issued by the Planning Department indicating compliance with this subsection. No clearance certificate shall be issued for any units until:
a.
All documents necessary to ensure compliance with this subsection including, without limitation, the documents referred to in Section 7.3.4.8 have been executed and, if required, recorded with the Northern Essex Registry of Deeds; and
b.
Any required cash or other contribution has been made to the Town or its designee.
11.
Nothing in this subsection shall preclude a developer from setting aside more than the required number of affordable units or from setting aside additional units for higher but limited income groups or from setting aside more units for lower-income groups.
7.3.5 Assisted Living Residences - Accessory Uses.
The operator of the assisted living residences may also provide optional services on the site for the convenience of residents, including but not limited to transportation, barber/beauty services, sundries for personal consumption, laundry services, and other amenities, provided such uses serve primarily the residents and staff of the assisted living residence and the accessory uses shall be wholly within a residential structure and shall have no exterior advertising display.
7.3.6 Long-term Care Facilities - Dimensional Requirements and Design Standards.
1.
Building Coverage. The maximum building coverage, including accessory buildings, shall not exceed 30 percent of the lot area for new construction or expansion of existing structures.
2.
Building Setbacks. Buildings shall be set back a minimum of 50 feet from all property lines.
3.
Setback from Residential Dwellings. All buildings associated with the long-term care facility shall be no closer than 200 feet from existing residential dwellings.
4.
Minimum Lot Frontage. The minimum lot frontage shall conform to the requirements of the district where such use is located.
5.
Town Services. Long-term care facilities shall be serviced by public water and sewer of sufficient capacity to serve the project. Any extension and/or replacement of sewer and/or water lines necessary to provide sufficient capacity shall be the responsibility of the applicant.
7.3.7 Congregate Living Facilities - Dimensional Requirements and Design Standards.
7.3.8 Independent Living Residences - Dimensional Requirements and Design Standards.
7.3.9 Special Permit Procedure.
1.
Submission requirements and procedures shall be in accordance with Section 9.4 and the Planning Board's Rules and Regulations.
2.
Before acting on the application, the Planning Board shall submit it to the Design Review Board (DRB), which shall submit recommendations as it deems appropriate to the Planning Board. Failure to make recommendations within 30 days of receipt shall be deemed lack of comment or opposition. For DRB review of housing for older adults in General Business (GB) and Mixed Use Districts (MU), see also Sections 9.6.2 and 9.6.3.
7.4.1 Purpose and Intent.
The purpose of this Section 7.4 is to encourage the preservation of buildings, structures, sites, and settings of historic significance, by allowing such buildings or features to remain in place or be moved to another location rather than be demolished or otherwise compromised. This Section 7.4 gives the Zoning Board of Appeals the authority to issue a special permit modifying certain dimensional standards for the creation of new lots, or for the use of existing lots, for purposes of preservation of historic structures or buildings as defined herein. A special permit for historic preservation shall apply only to the lot on which the historic building or structure is or will be located pursuant to the special permit and to any new lot created pursuant to the provisions of Section 7.4.3.7 below that does not meet the dimensional requirements of Section 4.1.2 (the "Table of Dimensional Requirements").
The Zoning Board of Appeals shall be the special permit granting authority (SPGA).
7.4.2 Historic Structures.
For purposes of a dimensional special permit for historic preservation the historic building or structure must be located in the Town of Andover and structure must be listed on one of the following:
7.4.3 Standards and Regulations.
The following specific standards shall be applied to a Dimensional Special Permit for Historic Preservation:
1.
The Parent Parcel shall be located in a SRA, SRB, or SRC District. As used in this Section 7.4, the Parent Parcel is the parcel of land that is the subject of the application for a dimensional special permit for historic preservation.
2.
Any Host Lot created under this Section 7.4 shall contain not less than the minimum lot area listed below. As used in this Section 7.4, a Host Lot is the lot on which the historic building or structure is currently located, or, if the historic structure is to be moved from another location, the lot on which the historic structure is to be located. A Host Lot may be the entire Parent Parcel, or it may be created by the division of the parent parcel into a Host Lot and one or more new lots. A New Lot is any lot or lots, created by the division of the Parent Parcel, that is not a Host Lot. The minimum lot area shall be contiguous upland, free of wetlands.
3.
4.
Any Host Lot or New Lot created under this Section 7.4 shall have its required frontage on a public way as measured at the street line.
5.
Any Host Lot or New Lot created under this Section 7.4 in the SRA or SRB District shall be served by municipal sanitary sewer and water.
6.
Any Host Lot or New Lot created under this Section 7.4 in the SRC District shall be served by municipal water, and if sanitary sewer is not available, the lot shall be capable of supporting an on-site sewage disposal system, or in the event that the lot is not serviced by municipal sanitary sewer and water at the time of the Zoning Board of Appeals hearing, but the Zoning Board of Appeals finds that sewer and water service will be available, the Zoning Board of Appeals shall make as a condition of its approval that no occupancy permit shall issue until the lot is serviced by municipal sanitary sewer and water.
7.
No New Lot shall be created that does not meet the dimensional requirements of the district in which it is located, as set forth in Section 4.1.2, including, but not limited to, lot area, frontage and minimum yard depths.
8.
If the Parent Parcel is to be divided so as to create more than one Host Lot, a separate, related application for an Historic Preservation - Dimensional Special Permit shall be filed for each additional Host Lot and its associated historic building or structure.
10.
The Zoning Board of Appeals shall determine whether or not an historic structure or building can be placed on a lot without detrimental effect on abutting properties or the street on which the lot has its frontage.
11.
If a New Lot is to be created from the Parent Parcel, the design of the new structure to be built on the New Lot shall be submitted to the Andover Preservation Commission, which shall review the design of the new structure, including factors relating to building massing, materials, siting, dimensions, and setbacks as these factors relate to compatibility with the existing neighborhood. Approval of the design by the Andover Preservation Commission shall be required prior to the issuance of a building permit for the new structure.
7.4.4 Findings Required.
Priority in granting an Historic Preservation – Dimensional Special Permit shall, in all cases, be placed upon keeping buildings and structures in place, rather than moving them to other locations, provided that the existing site can be shown to represent valid historical setting and context. Moving of structures or buildings to other locations shall be considered only if no other preservation measures are practical or reasonable on the existing site, or if the proposed removal is to return a building or structure to an original or more historically accurate location.
In addition to the findings required under Section 9.4.2 of the Zoning Bylaw and the foregoing standards and regulations, the Zoning Board of Appeals shall consider the following specific items in determining whether to grant an Historic Preservation – Dimensional Special Permit.
1.
That the modification of dimensional requirements is necessary to protect, preserve, or maintain an historic structure or building. Factors to be considered shall include the historic significance of the structure or building, the physical condition of the structure or building, and the extent and cost of repairs and renovations necessary to preserve the historic structure or building;
2.
That the proposed work, including any relocation or reconstruction, preserves to the maximum extent feasible the historical and architectural features of the structure or building;
3.
That in the absence of an Historic Preservation - Dimensional Special Permit, destruction of an historic structure or building will likely result;
4.
The report of the interdepartmental review team;
7.4.5 Conditions To Be Imposed.
1.
Conditions relating to the repair, restoration, or modifications to the existing historic structure, including a schedule of work to be performed, sufficient to ensure the preservation and integrity of the historic structure and to prevent deterioration due to neglect or disuse, intentional or otherwise. Such conditions shall provide that existing historic structures be secured and maintained in a good state of repair until such time as restoration work is commenced or it is moved to the Host Lot.
2.
If, in the event a fire, explosion, or other catastrophic event, there is damage to the historic structure such that the historic structure cannot be repaired, then following the approval and recording of the historic preservation restriction as provided for in § 7.4.5.12 below, the owner may rebuild on the Host Lot, provided that the new structure does not contain more than the same interior floor area as the historic structure and meets one of the following requirements:
a.
The new structure is placed in the same footprint as that occupied by the historic structure; or
b.
The new structure is built in conformity with the applicable front, side and rear setback requirements in effect at the time of rebuilding as set forth in Section 4.1.2.
If a new structure is to be built pursuant to either (a) or (b) above, the design of the new structure to be built shall be submitted to the Andover Preservation Commission, which shall review the design of the new structure, including factors relating to building massing, materials, siting, dimensions, and setbacks as these factors relate to compatibility with the existing neighborhood. Approval of the design by the Andover Preservation Commission shall be required prior to the issuance of a building permit for the new structure.
3.
If the historic structure is to be moved to the new Host Lot from another location, the following conditions shall be imposed:
4.
Prior to the meeting of the Select Board to approve the movement of the historic building or structure:
a.
The Applicant shall submit to the Building Commissioner and the Zoning Board of Appeals a statement, prepared and signed by a Structural Engineer licensed to practice in the Commonwealth of Massachusetts, affirming that the historic structure is in suitable condition to be moved. This statement shall be signed and dated within fourteen days of the posting of the agenda for meeting of the Select Board at which the movement is to be approved.
b.
The Preservation Commission shall approve, in writing, any changes to the historic structure that involve the removal of historic material if such changes have not been specifically authorized in the Zoning Board of Appeals' conditions of approval.
5.
If the historic structure is to be moved, the rights granted by the Special Permit, including, but not limited to, the right to subdivide the Parent Parcel and create any New Lots, shall be effective only upon the successful relocation of the historic structure and its placement on its new permanent foundation, with all temporary supporting structures removed, so that the building is supported only by its new permanent foundation.
6.
Following the movement of the historic structure to its new location, the Applicant shall submit to the Building Commissioner and the Zoning Board of Appeals a statement, prepared and signed by a Structural Engineer licensed to practice in the Commonwealth of Massachusetts, affirming that the historic structure has been successfully moved and placed on its new foundation, with all temporary supporting structures, including cribbing and beams used in transit, removed, so that the building is supported only by its new permanent foundation. No building permits for any additional work shall be issued until such statement has been received and the relocated structure has been inspected by the Building Commissioner.
7.
If the historic structure is not successfully relocated to its new location as provided above, the Special Permit shall be null and void and the Host Lot shall not be considered a buildable lot under the Zoning Bylaw. In the event that the historic structure is destroyed or damaged beyond repair prior to being moved successfully to its new location, the Special Permit shall be null and void.
8.
After the Historic Preservation - Dimensional Special Permit has become final, any proposed alterations or changes to the historic structure shall be submitted to the Andover Preservation Commission for its review and approval. If the Preservation Commission determines that the proposed alterations or changes are not minor, the owner shall seek a modification of the special permit from the Zoning Board of Appeals.
9.
When the decision of the Zoning Board of Appeals on the application for a Historic Preservation - Dimensional Special Permit has become final and has been recorded with the Northern Essex Registry of Deeds, the plan upon which the decision is based shall be submitted to the Planning Board for certification as an Approval Not Required (ANR) plan pursuant to G.L. c. 41, § 81P.
10.
The Approval Not Required (ANR) plan as endorsed by the Planning Board or a certificate by the Town Clerk regarding the approval of the ANR plan shall be recorded with the Northern Essex Registry of Deeds.
11.
Other than permits required to protect or stabilize the existing historic structure, no building permit shall be issued until the ANR Plan has been recorded with the Northern Essex Registry of Deeds.
12.
The owner shall record with the Northern Essex Registry of Deeds an historic preservation restriction in the form approved by the Zoning Board of Appeals, and approved and endorsed by the Select Board and by the Massachusetts Historical Commission in accordance with G.L. c. 184, § 32, which shall at a minimum provide for conditions under which alterations, additions, or modifications may be made, and in the event of damage to the historic structure such that the historic structure cannot be repaired, the owner may rebuild on the lot, provided that the new dwelling does not contain more than the same interior floor area as the historic structure and meets one of the following requirements:
a.
The new dwelling is placed in the existing footprint; or
b.
The new dwelling is built in conformity with the zoning side, front, and rear setbacks in effect at the time of rebuilding. Any mortgagee shall subordinate its mortgage to this restriction. No Certificate of Occupancy shall be issued until the Historic Preservation Restriction has been recorded pursuant to this section.
7.4.6 Application Requirements and Procedure.
Submission requirements and procedures shall be in accordance with the Zoning Board Rules and Regulations under Section 9.4.
7.5.1 Purpose.
The purposes of this Section 7.5 are:
1.
To promote and encourage alternative forms of housing that are accessible to existing Town services;
2.
To protect the natural environment and to conserve open space;
3.
To promote energy conservation;
4.
To allow development within the existing capacities of Town services; and
5.
To provide housing that will not be detrimental to the established or future character of the neighborhood and Town.
7.5.2 Applicability.
The Planning Board may grant a special permit for an Attached Cluster to allow the construction of multiple dwellings subject to the criteria of Section 9.4.2 and to the following conditions set forth herein.
7.5.3 Density.
The maximum base number of dwelling units shall be determined by dividing the buildable area by the minimum lot size allowed in the zoning district. For each base dwelling unit of 1,000 square feet or less, the applicant is entitled to a credit for 50 percent of an additional dwelling unit of smaller size. Buildable area is calculated by subtracting from the total area of the lot a number that is 90 percent of the area shown as wetlands on the Town of Andover wetland maps.
7.5.4 Dimensional Requirements.
1.
Lot Size. Each lot shall be not less than 10 acres nor more than 25 acres.
2.
Building Height. No building shall exceed 35 feet.
4.
Frontage. The lot shall have a minimum of 50 feet of frontage on an existing public way that has sufficient capacity to accommodate the projected traffic flows from the project.
7.5.5 Open Space.
All land not designated for roads, buildings, or privately owned yards and which is unsuitable for development shall be designated open space. Areas that are unsuitable for development shall include, but not be limited to, floodplains, wetlands as shown on the Town of Andover wetland maps, slopes of greater than 15 percent, and areas with ledge closer than four feet to the surface of the ground.
1.
Open space shall comprise a minimum of 60 percent of the total area of the lot, and at least 50 percent of the open space shall be accessible and usable for recreation purposes.
2.
Prior to the sale of any dwelling unit, the applicant shall submit a conservation restriction on the open space to the Planning Board for its review, modification, and approval, and shall record the approved conservation restriction with the Northern Essex Registry of Deeds. In the event of the sale of any dwelling unit prior to the recording of an approved conservation restriction, the Town shall have a lien on said real property for the value of the conservation restriction.
3.
Prior to the sale of any dwelling unit, the applicant shall convey all open space land to either the Town, a nonprofit corporation, or a homeowners' association. If the applicant intends to convey to a nonprofit corporation or a homeowners' association, the applicant must obtain the prior approval of the Planning Board.
7.5.6 Design Standards.
The following design standards shall apply:
1.
There shall be not less than three nor more than six dwelling units in each building;
2.
Each dwelling unit shall have a separate exterior entrance to the unit at ground floor level;
3.
Buildings shall be designed and placed and landscaping used to maximize visual and audible privacy between buildings;
4.
The number of dwelling units that have more than four rooms excluding bathrooms may not exceed 60 percent of the total number of dwelling units in the development;
5.
The design and layout of the buildings and accessory uses may not be altered without prior approval of the Planning Board;
6.
At least two parking spaces per dwelling unit shall be provided on the lot either in an off-street paved area or in a garage or carport; no parking area may have more than 12 spaces;
7.
Adequate provision shall be made for aisles, driveways, visitor parking, and snow disposal;
8.
Appropriate landscaping shall be used to prevent or minimize lighting overspill;
9.
All utilities shall be buried;
10.
All access roads shall have a minimum width of 30 feet and shall be built to a standard approved by the Planning Board, dependent upon the advice of the Director of Public Works;
11.
No entrance or exit from the development to an existing public or private way may be allowed unless there are sight distances of at least 250 feet in both directions on the public or private way, and unless no other public way or private way intersects the existing roadway within 150 feet of the proposed entrance or exit; and
12.
There shall be Town water and sewer available in said public way and said water and sewer lines shall have sufficient capacity to accommodate the project.
7.5.7 Application.
7.5.8 Planning Board Review.
Before acting upon the application, the Planning Board shall submit it to the following boards and agencies that may review it jointly or separately: the Board of Health, the Conservation Commission, the Department of Public Works, the Design Review Board, and other boards or agencies the Planning Board may deem appropriate. Any agency to which applications are referred for review shall submit its recommendations as it deems appropriate to the Planning Board. Failure to make recommendations within 20 days of receipt shall be deemed lack of comment or opposition.
7.5.9 Additional Information.
After the opportunity for review by other boards and agencies, the Planning Board may require the applicant to supply more specific information about the proposed development, as per questions and comments of the reviewing boards and agencies. This additional information shall be submitted within 10 days of the expiration of the previous 20 days as set forth in Section 7.5.8 above.
7.5.10 Special Permit Procedure.
The procedure for a special permit under this section shall be governed by Section 9.4. If the Planning Board disagrees with the recommendations of the Conservation Commission or the Board of Health, the reasons shall be stated in the special permit decision filed with the Town Clerk.
7.5.11 Special Permit.
The Board may grant a special permit for Attached Cluster only if its finds that the applicant has demonstrated the following:
1.
That the Attached Cluster plan will be in harmony with the purposes of Section 7.5.1 and the long-range plan of the Town;
2.
That it will not have a detrimental impact on the neighborhood, will be designed with due consideration for health and safety, and is superior to a conventional subdivision plan in preserving open space, minimizing environmental disruption, allowing more efficient provision of services, or allowing for greater variety in prices and types of housing stock.
7.6.1 General.
The conversion of an existing structure of 50,000 square feet gross floor area or more to multifamily dwelling use shall be permitted upon the grant of a special permit by the Zoning Board of Appeals, subject to the following conditions:
1.
There shall be at least 3,500 square feet of lot area per dwelling unit.
2.
Off-street parking shall be provided as per Appendix A, Table 3, subsection A.4.d.
3.
The dimensional requirements of Section 4.0 shall be waived for the existing structure and any addition or extension required by law for handicapped access and/or life safety purposes. No other exterior additions or extensions shall be allowed.
4.
All elements of the site design, including but not limited to vehicular and pedestrian circulation, landscaping, and exterior lighting shall be laid out to reinforce the harmony of the premises with the surrounding neighborhood.
7.7.1 General.
The Zoning Board of Appeals may grant a special permit for the construction, conversion, and occupancy of multiple dwellings subject to the following regulations and conditions of this Section 7.7.
7.7.2 Conversions.
For the conversion of a structure with one dwelling unit or a structure with two or more dwelling units, the following eligibility criteria apply:
1.
The building must have existed prior to March 10, 1941;
2.
There shall be 2,500 square feet of lot area for each dwelling unit;
3.
Parking shall be provided as required by Appendix A, Table 3; and
4.
The building may not be increased in area, footprint, height, or otherwise enlarged beyond the existing framework, except as may be necessary to provide for secondary egress in the form of an outside stairway or accessibility.
7.7.3 Construction.
The construction of apartment buildings shall be governed by these conditions:
1.
No more than 12 dwelling units shall be contained in any building in an Apartment District;
2.
There shall be a minimum of 3,500 square feet of lot area per dwelling unit;
3.
There shall be a paved driveway or paved walk adequate to accommodate emergency vehicles, within 50 feet of the outside entrance to each dwelling unit;
4.
No dwellings shall be nearer to each other at any point than the sum of the heights of their opposing exterior walls unless both such walls are unpierced, and walls shall be considered opposing if the angle between them is less than 30 degrees;
5.
No structure shall be built within 30 feet of any way, and no structure or parking space shall be built or maintained within 20 feet of any other exterior property line; and
6.
Off-street parking shall be provided as per Appendix A, Table 3, subsection A.4.b.
7.7.4 Special Permit.
Submission requirements, procedures, and decision criteria shall be in accordance with Section 9.4 and the Zoning Board of Appeals Rules and Regulations.
7.8.1 Applicability.
The Planning Board may grant a special permit for Planned Development-Multifamily Dwelling (PD-MD) or Planned Development-Mixed Use (PD-MU) for the following types of structures and uses:
1.
PD-MD. (a) conversion or expansion of existing nonresidential structure(s) to multifamily dwellings; or (b) new multifamily dwelling construction.
2.
PD-MU. (a) redevelopment, conversion or expansion of existing structure(s) to a combination of multifamily and business uses, or a combination of nonresidential uses permitted in the zoning district; or (b) new construction for combined multifamily and business uses or new construction for a combination of nonresidential uses permitted in the zoning district.
7.8.2 Density.
The maximum allowable density shall be determined by calculating the required lot area per dwelling unit as follows:
1.
General Business District (GB). 2,000 square feet of lot area per dwelling area unit.
2.
Mixed Use District (MU). 3,000 square feet of lot area per dwelling unit. The Planning Board may, in its discretion, according to the characteristics of any particular lot, allow less than the 3,000 square feet of lot area per dwelling unit.
7.8.3 Dimensional Requirements.
1.
Building Height. Any addition or new construction shall not exceed the maximum height allowed by Appendix A, Table 2 of this Bylaw.
2.
Building Coverage.
a.
General Business District (GB): an existing structure occupying more than 2/3 of the lot area shall not be expanded. New structures shall not exceed 2/3 of the lot area within the General Business district.
b.
Mixed Use District (MU): maximum building coverage shall not exceed 40 percent for new construction or expansion.
4.
Minimum Lot Frontage. In a Mixed Use District only, the lot shall have a minimum frontage of 50 feet on an existing public way.
7.8.4 Affordability.
1.
No application for a PD-MD or PD-MU that contains residential use shall be approved unless at least 15 percent of the total dwelling units proposed are devoted to affordable housing, or other percentage as may be required by state or federal subsidy programs; provided, however, that applications requesting three or fewer dwelling units are exempt from this requirement.
2.
"Affordable housing" shall be as defined in Section 10.
3.
The calculation of affordable units shall be rounded to the next whole number for units equal to 0.5 or greater.
7.8.5 Design Standards.
[Amended 4-30-2024 ATM by Art. 28]
1.
Access. Parking lot driveways access shall meet the standards of Section 5.1.
2.
Parking Requirements.
a.
Parking for residences shall be provided as required by Appendix A, Table 3. Visitor parking shall be determined by the Planning Board with reference to the number of dwelling units proposed.
b.
For mixed use developments parking shall be provided as required by Appendix A, Table 3.
c.
Upon the issuance of a special permit by the Planning Board, the required number of parking spaces on a common lot may be reduced if it can be shown that the parking needs for the uses are such that a lower total will serve all uses adequately. The Planning Board shall use the criteria under Section 5.1 in its review of the proposed parking alternative(s).
d.
Parking lots and driveways shall be designed as per Section 5.1. The Planning Board, in its discretion, may allow alternative dimensional designs for parking spaces and parking aisles if the Board finds that the design satisfies the objectives of Section 5.1 of this Bylaw.
3.
Landscaping, Screening, and Lighting should meet the standards of Sections 5.1 and 5.3.
4.
Disposal Areas. Adequate provision shall be made for snow disposal areas and dumpsters where appropriate. Dumpsters shall be screened by fencing or landscaping.
5.
Access and Utilities.
7.8.6 Open Area.
In a Mixed Use District (MU), at least 20 percent of the lot shall be maintained as open area. Open area shall include landscaped yard setbacks, natural areas, recreation areas, pedestrian walkways, conservation areas, landscaping around buildings, and interior landscaping for parking lots.
7.8.7 Application.
Submission requirements and procedures shall be in accordance with the Planning Board Rules and Regulations for Special Permits and Site Plan Review under Section 9.3.
7.8.8 Special Permit.
The Planning Board may grant a special permit if it finds all of the following:
1.
That the design standards and review criteria in this section have been met;
2.
The provisions for parking and vehicular circulation on the site and access onto adjacent roadways will promote safe traffic control and flow;
3.
The provision for landscaping and screening will provide an adequate buffer for adjoining properties, will minimize the impact of the proposed uses and parking areas, and will minimize the effect of the bulk and height of buildings and structures;
4.
Any provision for pedestrian ways will provide safe and convenient access on-site with linkage to adjacent pedestrian areas;
5.
The project will provide for adequate drainage, water, and sewer facilities with sufficient capacity to serve the planned development; and
6.
The intersections and roadways likely to be affected by the proposal are of sufficient capacity and design to accommodate the planned development.
7.8.9 Conditions.
In granting a special permit, the Planning Board may impose reasonable conditions and safeguards that may include, but shall not be limited to, the following:
1.
Requirements for reasonable off-site improvements to offset the impacts on the capacity and safety of adjacent roadways and intersections and the capacity of the water, sewer, and drainage systems affected by the proposed development;
2.
Conditions to minimize impacts on environmental quality;
3.
Requirements on the site design of the planned development to ensure compatibility with existing structures and neighboring properties; and
4.
Controls on the location and type of vehicular and pedestrian access.
7.9 ACCESSORY DWELLING UNITS.
[Added 4-29-2025 ATM by Art. 22]
7.9.1 General.
The purpose of this bylaw is to regulate the construction and use of Accessory Dwelling Units as defined in G.L. c. 40A sec. 1A. Pursuant to c. 40A sec. 3, Accessory Dwelling Units (“ADUs”) are permitted by right in all Andover zoning districts where single-family residences are permitted, subject to reasonable requirements and restrictions set forth in this section.
7.9.2 Dimensional Regulations.
ADUs are permitted subject to the following dimensional and density regulations:
1.
ADUs are permitted only on lots with a lawful principal dwelling unit.
2.
One ADU is permitted per each lot with a principal dwelling unit or units.
3.
ADUs are limited in gross floor area to 900 square feet or one-half the total gross floor area of the principal dwelling unit or units, whichever is smaller.
4.
ADUs must comply with all dimensional requirements of the underlying zoning district, special districts, and/or cluster developments as set forth in Section 4 of this bylaw and/or cluster development permits, including but not limited to building setbacks and building height.
7.9.3 Prior Non-Conforming Accessory Structure Conversions.
Accessory Structures with prior nonconforming status with respect to setbacks or building height may be converted to an ADU consistent with the limitations of this Bylaw and c. 40A sec. 1A and 3, provided that conversion will not extend the non-conformity so as to be substantially more detrimental than the existing nonconforming structure to the neighborhood as determined by the Building Inspector.
7.9.4 Use Prohibitions.
7.9.5 Parking.
ADUs located more than 0.5 miles from a commuter rail station or bus station must provide one dedicated off-street additional parking space per ADU unless Site Plan Review determines sufficient parking exists at the time of Site Plan Review/a building permit is sought as determined by the Zoning Board of Appeals or their designee consistent with the parking requirements of Section 5 of this Bylaw.
7.9.6 Procedural Requirements.
An Application for an ADU shall be submitted to the Zoning Board of Appeals or their designee in accordance with Section 9.4 and the Planning Board Rules and Regulations for Site Plan Review under Section 9.3.
7.9.7 Severability.
In the event that one or more of the provisions of this section are determined to be inconsistent with c. 40A or otherwise invalid under state law by a court of competent jurisdiction or the Massachusetts Attorney General’s Office, such provision or provisions shall not affect the validity of any other provision of this section which provisions will remain in full force and effect.