All utility service lines shall be placed underground. All transformers, meters, or similar utility apparatus shall be placed on or below the surface of the land and be screened from view.

All developed land area not covered by buildings, parking areas, driveways, and other site improvements shall be landscaped, and all parking areas shall be screened by landscaping in accordance with Sections 5.1 and 5.3.

All undeveloped portions of land may remain in the natural state, provided that these areas do not create a hazard or nuisance.

No outdoor lighting shall be mounted higher than 25 feet above finished grade, and lighting sources shall be designed to prevent excessive glare on adjoining property.

Parking. Off-street parking requirements listed in Appendix A, Table 3 and Sections 5.1 shall apply. Where multiple uses share a common parking lot, parking shall be calculated for each use to determine the total parking required.

 

Screening. Section 5.3 shall apply.

Driveway Locations. Driveways shall be designed in accordance with Section 5.1.

Landscaping. Landscaping shall be provided in front, side and rear yards and along the perimeter of parking areas to provide separation from building and public ways and shall be designed in accordance with Section 5.1 and 5.3.

Distance from Residential Dwellings. Section 4.1.4.4 shall apply.

Maintenance. All landscaping and screening shall be maintained by the property owner.

Ensure public safety through reducing the threats to life and personal injury;

Eliminate new hazards to emergency response officials;

Prevent the occurrence of public emergencies resulting from degraded water quality, contamination, and pollution due to flooding;

Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact region as of the community beyond the site of flooding;

Eliminate costs associated with the response and cleanup of flooding conditions; and

Reduce damage to public and private property resulting from flooding waters.

The flood-carrying capacity of any watercourse shall be maintained in the event of any alteration or relocation, as determined by the Building Commissioner upon the advice of the Conservation Commission.

In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. Within Zone AE, along watercourses that have a regulatory floodway designated on the Essex County's FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

The town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

Town permit review process includes but is not limited to the requirements of:

Recreational Vehicles.

In Zones A and AE, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Watercourse alterations or relocations in riverine areas.

In a riverine situation, the Building Commissioner shall notify the following of any alteration or relocation of a watercourse:

Massachusetts Department of Conservation and Recreation

Federal Emergency Management Agency, Region I

Requirements to submit new technical data

If the Town/City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:

Massachusetts Department of Conservation and Recreation

Federal Emergency Management Agency, Region I

Variances may be granted either in the case of structures such as boat houses that require waterfront location and are not continuously used for human occupancy or for development on a lot of less than a half-acre that is surrounded by existing non-conforming structures, in either case provided that all of the following are shown:

Exceptions may also be granted for reconstruction, rehabilitation or restoration of Historic Structures as defined in 8.3.2 Definitions.

Variances to building code floodplain standards:

The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the files.

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

Base Flood Elevation Data: Base flood elevation data is required for subdivision proposals or other developments for land area containing more than 50 lots or for land area greater than 5 acres, whichever is the lesser, the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

Other Use Regulations: All subdivision proposals and development proposals in the Flood Hazard Overlay District must be designed to assure that:

To preserve and protect the groundwater resources in the Zone II of the Tewksbury Hospital water supply wells for the health, safety and general welfare of the residents, staff and visitors to the facility;

To preserve and protect potential sources of drinking water supplies from detrimental use and development of land, and to prevent temporary and permanent contamination of the environment in the Town of Andover;

This GWPOD does not limit the existing authority of the Conservation Commission pursuant to G.L. c. 131, § 40.

Burden of Proof. When a property owner seeks Town approval for any work done on a lot that straddles the line on this GWPOD as shown on the District map, the owner must include with his or her application, a map on a scale of one inch equals 40 feet prepared by a registered professional surveyor and approved in writing by the Town Engineer, showing the boundary on the owner's lot. The Planning Board may, upon application of the owner of any lot, determine what portion, if any, of such lot is in the GWPOD. Alternatively, the owner may use the Massachusetts Geographical Information System Zone II map information and corresponding lot boundary information to assess the relative location of the owner's lot and the boundary of the GWPOD, subject to approval by the Planning Board. At the request of the owner, the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land and may charge the owner for the cost of the investigation.

Conservation of soil, water, plants, and wildlife;

Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;

Foot, bicycle and/or horse paths, and bridges;

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;

Maintenance, repair, and enlargement of any existing structure subject to other conditions in Section 8.4;

Residential development, as permitted in the underlying district;

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing;

Construction, maintenance, and repair of municipal infrastructure, including water system, sewer system, drainage, roadways and public utilities, and enlargement of drinking water supply related facilities; and

Storage of heating oil within a building, provided that all necessary state and local approvals have been obtained.

Ponds or other changes in water bodies or watercourses, created for recreational use or drainage improvements;

The creation of ponds not subject to Conservation Commission jurisdiction under the Wetlands Protection Act.

The storage, manufacture or use of hazardous or toxic substances other than those prohibited in Section 8.4.6 below, in any quantity that if simultaneously spilled, discharged or otherwise released would cause any danger to public health or safety or would cause or contribute to an exceeding of any state or federal water quality criterion or standard, provided that all necessary measures shall be taken to prevent spill, discharge or other release of the hazardous or toxic substances to the environment.

Any use that will render impervious more than 15 percent or 2,500 square feet of any lot, whichever is greater.

Enlargement or alteration of existing uses that do not conform to the Groundwater Protection District.

Landfills and open dumps as defined in 310 CMR 19.006;

Automobile graveyards and junkyards, as defined in G.L. c. 140B § 1;

Landfills receiving only wastewater and/or septage residuals including those approved by the MA Department of Environmental Protection pursuant to G.L. c. 21, §§ 26 through 53; G.L. c. 111, § 17; G.L. c. 83, §§ 6 and 7, and regulations promulgated thereunder;

Facilities that generate, treat, store, or dispose of hazardous waste that are subject to G.L. c. 21C and 310 CMR 30.00, except for the following:

Petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes are established by the US Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual and any other subsequent amendments;

Storage of liquid hazardous materials, as defined in G.L. c. 21E, and/or liquid petroleum products unless such storage is:

Storage of sludge and septage, unless this storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

Storage of deicing chemicals unless this storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

Storage of animal manure unless covered or contained in accordance with the specifications of the Natural Resource Conservation Service;

Earth removal, consisting of the removal of soil, loam, sand, gravel or any other earth material (including mining activities) to within four feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works;

Discharge to the ground of non-sanitary wastewater including industrial and commercial process wastewater, except:

Stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the district;

Storage of commercial fertilizers, as defined in G.L. c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Slopes that exceed an average of 15 percent over a distance of 10 feet or more shall remain undisturbed;

Where a lot is partially outside the GWPOD, the site plan shall, to the greatest extent possible, locate pollution sources, such as subsurface sewage disposal systems, outside the district; or

Where a system of artificial recharge is proposed in accordance with Section 8.4.4, a system for groundwater recharge must be provided that does not degrade groundwater quality. For nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all nonresidential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.

All construction and land disturbing activities within the GWPOD shall be designed to minimize erosion and runoff, by such practices as minimizing the construction period, slope stabilization, ditch maintenance, filtering, sedimentation basins and revegetation.

Filing of the Application. Submission requirements and procedures shall be in accordance with the Planning Board Rules and Regulations under Section 9.3.

Review by Other Boards and Agencies. Before acting upon the application, the Planning Board shall submit it to the following boards and agencies which may review it jointly or separately: the Board of Health, the Conservation Commission, the Department of Public Works and other boards or agencies that the Planning Board may deem appropriate. Any agency to which petitions are referred for review shall submit such recommendations as it deems appropriate to the Planning Board and to the applicant. Failure to make recommendations within 20 days of receipt shall be deemed lack of comment or opposition.

Further Requirements for 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 or activity as per questions and comments of the reviewing boards and agencies. This additional information shall be submitted within 10 days after notice by the Planning Boards.

That the plan will in no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the GWPOD; and

That the plan will be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

Promote public health, safety, and welfare by encouraging diverse housing opportunities in accordance with the Andover Master Plan;

Promote mixed use and economic development that is safe, pedestrian friendly, near rail transit and near the Town's civic and commercial center, while reducing the need for automobile travel;

Encourage the preservation of open spaces and protection of the Shawsheen River;

Encourage adaptive reuse of abandoned, vacant, or underutilized mill buildings;

Provide a mechanism by which residential development can directly increase the housing supply and diversity, including but not limited to, young professionals and older adults who want to live near their workplace and/or near retail and other nonresidential uses;

Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting;

Establish development standards to allow context-sensitive design and creative site planning; and

Encourage consolidation of small parcels into viable, block-size mixed-use development in designated areas.

Underlying Zoning. The requirements of the underlying zoning district(s) shall remain in full force and effect, except for Projects undergoing development pursuant to Section 8.5. Within the boundaries of the HMOD, a developer may elect to develop a project in accordance with the HMOD, or to develop a project in accordance with the requirements of the regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s).

Applicability of HMOD. An Applicant proposing a project that involves any of the following within the HMOD shall seek a Special Permit from the Planning Board in accordance with the requirements of this Section 8.5:

When a building permit is issued for any Project approved in accordance with this Section 8.5, the provisions of the underlying district(s) shall no longer apply to the land shown on the site plan that was submitted pursuant to this Bylaw.

No application within the HMOD which contains residential use shall be approved unless at least 15 percent of the total dwelling units proposed are devoted to affordable housing, or a greater 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. The calculation of affordable units shall be rounded to the next whole number for units equal to 0.5 or greater.

The applicant may, with the permission of the Planning Board, in lieu of one or more affordable unit(s) contribute to the Town of Andover Municipal Affordable Housing Trust Fund, a cash contribution determined by the Planning Board in consultation with the Housing Trust Fund Board of Trustees, to be used for the benefit of households in Andover.

The following uses, either stand-alone or in combination, are allowed in the HMOD in accordance with the Table of Uses below. All other uses are prohibited.

Residential: The minimum requirement for a residential use in the HMOD is three thousand 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, with an upper limit of forty (40) units per acre.

Retail Sales: No single Retail Sales Establishment as listed in Section 8.5.4 shall exceed 25,000 square feet of gross floor area in the HMOD. A single establishment shall be defined as having independent access, egress and exit ways as required by State Building Code.

Integration of Uses: The Special Permit Granting Authority may require the integration of residential and non-residential uses in a mixed use structure as a condition of approval.

Multiple Buildings: In the HMOD, more than one building may be erected on a single lot.

First Floor. Buildings with a commercial use on the first floor shall be located directly behind the front sidewalk (0-foot maximum setback) on any street. However, regardless of the width of the existing sidewalk, a minimum of 8 feet shall be required from the curb line to the front of the building.

Building Height. Building heights shall not exceed maximum heights listed below and shall be measured according to the following standards:

Building Coverage. The maximum building coverage in the HMOD shall be 75 percent of the lot covered by the footprint area of a building or buildings.

Parcel Size. The minimum parcel size required for a Development Project shall be one-half (0.5) acre.

Provide a positive economic benefit to Andover (including, but not limited to, fiscal impact, Town services, and employment), be in harmony with the general purpose and intent of the Master Plan and not be unreasonably detrimental to the overall General Business Districts, specifically Downtown Andover.

Blend the scale of residential, business, and commercial structures into the site design;

Provide safe vehicular and pedestrian ways, and minimize traffic impacts;

Preserve natural features, wetlands, scenic vistas, and open spaces when possible;

Minimize the visual impact of parking areas;

Assure safe interior circulation within its site by separating pedestrian, bike, and vehicular traffic;

Include existing and future pedestrian pathways within 100 feet of the Shawsheen River for public use and enjoyment if the Project includes frontage along the Shawsheen River. Said pedestrian pathway shall be publicly accessible via a public access easement or conveyance to the Town of Andover. The easement width for these pathways shall be not less than 10 feet, unless otherwise approved by the Planning Board;

Have signage to identify places, provide direction, and advertise businesses. Along with communicating information, signage should add to the character of each project and reinforce a sense of place:

Incorporate energy efficient and environmentally sensitive principles;

Incorporate pedestrian amenities, accessory uses and community benefits into the overall design in a harmonious way;

Incorporate low-impact development (LID) design techniques or Stormwater Best Management Practices (such as, but not limited to, pervious paving, landscape swales, vegetative filters or rain gardens, and landscape infiltration facilities) to lessen the environmental impact of development along the Shawsheen River.

The Planning Board's Historic Mill District Design Guidelines, dated February 6, 2018, shall apply to all projects that are subject to this Section 8.5. The Guidelines are intended to preserve and augment the architectural qualities, historic character, and pedestrian scale of the district.

The Design Review Board shall review all Development Projects subject to Section 8.5.

Structured Parking. Parking within the HMOD shall be accommodated within Structured Parking Facilities and under buildings to the maximum extent possible. On-street parking may be provided on private streets within the development project in front of and adjacent to retail stores.

Off-Street Parking. For any structure that is constructed, enlarged, or extended, or has a change-of-use that affects the computation of parking spaces, or if any existing use is changed, parking shall be provided as required by Appendix A, Table 3.

Shared Parking Facilities. The Planning Board may allow for shared parking facilities within the HMOD for different buildings or uses subject to the following provisions:

Computation of Spaces. When the computation of required parking spaces results in the requirement of fractional space, any fraction more than 1/2 shall require one space.

Loading Areas. Loading areas shall be designed in accordance with Section 5.1 of this Bylaw.

Pre-Application. Prior to the submittal of a special permit application, a "Concept Plan" shall be submitted to help guide the development of the site plan process for the proposed project build-out and individual elements thereof. The Concept Plan should reflect the following:

Application. A Development Project under the provisions of this HMOD section is only allowed by Special Permit. Submission requirements and procedures shall be in accordance with Section 9.3, 9.4 and 9.5 and the Planning Board Rules and Regulations for Special Permits and Site Plan Approval.

RMDs may be permitted in the MMOD but only pursuant to a Special Permit.

RMDs may not be located within 500 feet of the following:

The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in Section 8.6.4.2 to the nearest point of the property line of the proposed RMD.

The SPGA shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, protect water quality, air quality, and significant environmental resources, preserve the character of the surrounding area and otherwise serve the purpose of this section. In addition to any specific conditions applicable to the applicant's RMD, the SPGA shall include the following conditions in any Special Permit granted under this Section 8.6:

To provide for the development and use of alternative housing and care for older adults in accordance with the Town's Master Plan;

To create an environment that provides supportive services routinely used by older adults;

To promote housing options that adapt to the needs of an older adult population;

To preserve the Town's residential character;

To encourage the preservation of open spaces and protection of the Merrimack River;

To encourage housing affordable to older adults who are Andover residents.

Applications for special permits within the SRCOD shall contain at least one of the following housing types, attached or detached, in any combination: Independent; Congregate Housing; Assisted Living Residences; and Restorative Care/Nursing Facility.

In addition to dwelling units, an application may contain any or all of the following uses and associated services (not to exceed 25 percent of the total square footage of all the residential buildings within the project), individually or in any combination:

All uses and associated services are intended for SRCOD residents, employees and guests and are not intended to provide services to the general public.

Density: A special permit granted by the Planning Board shall meet the following minimum requirements:

Building Setbacks: Buildings shall be set back a minimum of 40 feet from all property lines.

Yard Requirements: There are no yard requirements between buildings within the SRCOD; however, all structures must conform to the Massachusetts Building Code with respect to building separation and fire walls. In a SRCOD, more than one building may be erected on a single lot.

Common Open Space: Common Open Space is the land within the parcel or lot that is not specifically reserved for the support of dwelling units and that is not covered by buildings, roads, driveways, parking areas or service areas, or that is not set aside as private yards, patios or gardens for residents. All Common Open Space shall be open and unobstructed to the sky - flagpoles, sculptures, benches, swimming pools, tennis courts, atriums, trees and similar objects shall not be considered obstructions. The area of Common Open Space shall equal at least 20 percent of the total area of the parcel or lot.

Protected Open Space: Protected Open Space is the land within the parcel or lot that will be protected in perpetuity. The area of Protected Open Space shall equal at least 30 percent of the total area of the parcel or lot.

This open space land shall either be conveyed to the Town of Andover and accepted by the Select Board for park or open space use or be conveyed to a nonprofit organization, approved by the Planning Board in its total discretion, the principal purpose of which organization is the conservation of open space. In any case where such land is not conveyed to the Town, a restriction enforceable by the Town of Andover as approved by Town Counsel and approved by the Secretary of Energy and Environmental Affairs pursuant to G.L. c. 184, § 32 shall be recorded by the applicant prior to the issuance of a building permit, providing that the land shall be kept in an open or natural state in perpetuity and not be built upon or developed for accessory uses such as parking or roadway. All protected open space shall be restricted by deed from all future building. Before final approval of the special permit by the Planning Board, the applicant shall state which of the two conveyance options above is being proposed, and such conveyance or restriction, if approved, shall be recorded by the applicant, as a restriction on the development plan prior to issuance of a building permit.

Access and On-site Circulation: Adequate on-site circulation shall be provided to and from the site, taking into consideration the adjacent sidewalks and streets and accessibility of the site and the building(s) on it for emergency vehicles. Adequate provision shall be made for off-street loading and unloading requirements of delivery vehicles and passengers using private transportation.

Landscaping: Landscaping and screening shall be required to obscure visibility of parking areas, dumpster locations, and loading areas from beyond the boundaries of the premises.

Transportation Services: Transportation to Town services and facilities shall be provided.

Water: The proposed development shall be supplied with an adequate water system approved by the Water Division, Fire Rescue, and Board of Health.

Waste Disposal: The proposed development shall be connected to a municipal sewer system or an adequate sewage disposal system approved by the Andover Board of Health.

Age Restrictions: All dwelling units within the SRCOD shall require at least one resident to have attained the age of 62 and no resident shall be under the age of 18. Prior to issuance of the first building permit for a building, the applicant shall record a restriction, approved by Town Counsel, that all units shall require at least one resident to have attained the age of 62 and that no resident of a dwelling unit shall be under the age of 18.

Blend the scale of institutional, professional, and residential structures into the site design;

Provide safe vehicular and pedestrian ways, and minimize traffic impacts;

Provide a minimum of two vehicular access and egress points for each project;

Preserve natural features, wetlands, scenic vistas, and open spaces when possible;

Consider site design that meets the specific needs of the aging population;

Minimize the visual impact of parking areas;

Incorporate energy efficient and environmentally sensitive principles;

Provide suitable means of access and egress to dwellings for persons with disabilities;

Provide enclosed walkways and/or unenclosed walkways connecting all buildings;

Incorporate pedestrian amenities, accessory uses, and community benefits into the overall design in a harmonious way;

Locate structures on the site so as to provide for the privacy of residents adjacent to the SRCOD;

Provide a Site Management Plan developed to outline the ongoing maintenance of the Common Open Space to ensure its function, appearance, cleanliness, and for ongoing drainage and utility maintenance;

Clearly identify on a plan the publicly owned and/or publicly accessible land areas;

Provide for public pedestrian access from River Road to the Merrimack River when possible. All development proposals that include frontage along the Merrimack River shall include existing and future pedestrian pathways within 500 feet of the river for public use and enjoyment. (No pathway within 500 feet of the river should have an impervious surface). Pedestrian pathways shall be publicly accessible via a public access easement or conveyance. The easement width for these pathways shall be not less than 20 feet, unless otherwise approved by the Planning Board; and

Incorporate low-impact development (LID) design techniques or Stormwater Best Management Practices (such as, but not limited to, pervious paving, landscape swales, vegetative filters or rain gardens, and landscape infiltration facilities) to lessen the environmental impact of development along the Merrimack River.

The following parking standards shall apply to SRCOD facilities approved under this Section 8.7. The Planning Board may waive the construction of parking until it is demonstrated that it is needed. However, parking areas shall be designated to anticipate the future demand. The parking shall be provided as required by Appendix A, Table 3.

All other parking and screening provisions of the Zoning Bylaw shall apply unless modified by this section.

If there is a mix of uses, the Planning Board may waive the parking requirements to reduce the amount of impervious material on site. The Planning Board may require areas to be set aside for future parking needs.

Bonus Densities: The granting of any bonus density shall not exempt the applicant from meeting any of the other requirements of this or other reference sections of the Bylaw. Any bonus proposal must be reviewed and approved by the Planning Board and clearly stated in the special permit. Bonus densities may be granted by the Planning Board for the following reasons:

Density Bonus Limitations: The use of all density bonuses provided may not result in exceeding the maximum allowed number of units as outlined herein.

Pre-Application: Prior to the submittal of a special permit application, a "Concept Plan" shall be submitted to help guide the development of the site plan process for the proposed project build-out and individual elements thereof. The Concept Plan is intended to be used as a tool for both the applicant and the Planning Board to ensure that the proposed project design will be consistent with the requirements of the SRCOD. The Concept Plan should reflect the following:

Application: An application for a special permit shall be submitted to the Planning Board pursuant to the submission requirements and procedures under Section 9.4 and the Planning Board Rules and Regulations for Special Permits and Site Plan Review under Section 9.5.3.

The Watershed Protection Overlay District (WPOD) is established for the following purposes:

The WPOD does not limit the existing authority of the Conservation Commission under G.L. c. 131, s. 40.

Lands Within the WPOD: The WPOD includes all the lands that create the catchment or drainage areas of Fish Brook or Haggetts Pond as part of their natural or man-made drainage system. The district includes all areas designated on the plan titled "Fish Brook/Haggetts Pond Watershed Protection Overlay District", dated December 2012, prepared by the Town Engineer, which is hereby made part of the Zoning Map.

Zones 1 and 2: Within the WPOD, Priority Zones 1 and 2 shall be designated to identify areas where permitted uses and design standards shall apply based upon, in part, the linear distances from surface waters and tributaries. Priority Zone 1 shall include land areas up to 400 feet from the annual high water levels of Haggetts Pond, its tributaries, and Fish Brook, respectively. Priority Zone 2 shall include land areas exceeding 400 feet and extending out to 1/2 mile from the edge of Priority Zone 1. Priority Zones 1 and 2 shall apply to Fish Brook and any other Class A water source that is tributary to surface water supplies within the WPOD to a distance of 200 feet from the source.

Burden of Proof. When a property owner seeks Town approval for any work done on a lot that is partially contained within the WPOD boundary, the owner must include with their application a map on a scale of one inch equals 40 feet prepared by a registered professional surveyor, stamped by a Registered Professional Engineer specializing in Civil Engineering, and approved in writing by the Town Engineer, showing the boundary of the WPOD with respect to the owner's property limits. The Planning Board may, upon review of the application, determine what portion, if any, of the lot is contained within the WPOD. The Planning Board may issue an order approving the plan if the Planning Board determines that land on the lot shown outside the WPOD is not part of the catchment or drainage areas of Fish Brook or Haggetts Pond or part of their natural or man-made drainage system.

Conservation of soil, water and plants;

Outdoor recreation and nature study;

Boat docks and landings, except on Haggetts Pond and Fish Brook, pedestrian and bicycle paths and bridges; and horse paths and bridges;

Operation and maintenance of dams, splash boards, and other water control, supply, and conservation devices;

Residential development, as permitted in the underlying district;

Farming, gardening, nursery, conservation, golf courses, forestry, harvesting, and grazing, subject to restrictions set forth in Section 8.8.5.3;

Earth removal as defined in Sections 6.6.2, 6.6.3, and 6.6.4, where removal will not endanger ground or surface water quality and where non-construction excavation or grading shall not come closer than four feet above maximum groundwater elevation. The angle of graded slopes shall be no greater than that which can be held by existing or planned vegetation;

Construction, alteration, repair and maintenance of municipal infrastructure, including water system, sewer systems, drainage, roadways and public utilities; and

Storage of heating oil within a building, provided that all necessary state and local approvals have been obtained; and

Existing on-site sewage disposal and treatment systems within 400 feet of Haggetts Pond, provided that on-site disposal and treatment systems are maintained in accordance with requirements set forth in 310 CMR 15.300 et seq.

Ponds or other changes in water bodies or watercourses, created for recreational use or drainage improvements;

The creation of ponds not subject to Conservation Commission jurisdiction under the Wetlands Protection Act; and

The storage, manufacture or use of hazardous or toxic substances other than those prohibited in Section 8.8.6 as long as there is minimal risk to health, safety, and the environment as provided for in 310 CMR 40 Massachusetts Contingency Plan and would not exceed any state or federal water quality criteria or standards if spilled, discharged, or otherwise released. All reasonable and necessary measures shall be taken to prevent spills, discharges, or other releases of the hazardous or toxic substances to the environment.

The bulk storage of salt and other road de-icing chemicals;

Landfills and open dumps as defined in 310 CMR 19.006;

Automobile graveyards and junkyards, as defined in G.L. c. 140B § 1;

The discharge of stormwater into Fish Brook, Haggetts Pond, or any other surface water body or tributary stream within Priority Zones 1 or 2 for which oil and water separation devices have not been installed and regularly maintained at the nearest upstream manhole structure before the outfall;

Any new building, structure, land-disturbing activities, excavation, or fill within 50 feet of all water bodies and watercourses as defined in this Bylaw; except for that which is necessary for the operation, modification, repair, replacement, or expansion of the Town's public drinking water supply system, and foot, bicycle, and/or horse paths and bridges and other systems that will be consistent with the purposes set forth in Section 8.8.1;

The storage, management, or disposal of solid waste or refuse as defined in Massachusetts regulations at 310 CMR 19;

Gasoline service station, repair garage, or body shop for motorized vehicles;

The stockpiling or disposal of snow within the WPOD boundaries from any sources either within or outside the boundaries of the WPOD;

Unless otherwise exempted or excluded under federal, state, or local requirements, the storage, management, or disposal (including septic systems and floor drains) of hazardous materials as defined in Massachusetts regulations cited at 310 CMR 40.1600 (Oil and Hazardous Materials List) and Federal regulations cited at 40 CFR Part 355 (Extremely Hazardous Materials List);

Petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes are established by the US Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual and any other subsequent amendments;

Discharge to the ground of non-sanitary wastewater including industrial and commercial process wastewater;

Landfills receiving only wastewater and/or septage residuals including those approved by the Town pursuant to G.L. c. 21, §§ 26 through 53; G.L. c. 111, § 17; G.L. c. 83, §§ 6 and 7, and regulations promulgated there under;

Unless otherwise exempted or excluded under federal, state, or local requirements, facilities that generate, treat, store, or dispose of hazardous waste that are subject to G.L. c. 21C and 310 CMR 30.00;

Unless otherwise exempted or excluded under federal, state, or local requirements, the storage of liquid hazardous materials, as defined in G.L. c. 21E, and/or liquid petroleum products;

Storage of commercial fertilizers, as defined in G.L. c 128, § 64;

Storage of sludge and septage;

Storage, stockpiling, or spreading of animal manure within Priority Zone 1;

Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within four feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works;

Any new on-site sewage treatment and disposal systems within 400 feet of a surface water supply as provided for in 310 CMR 15.211 and within 200 feet of one or more rivers, streams, or swales that are tributary to the surface water supplies;

Prohibitions not otherwise specified herein, but provided for in 310 CMR 22.20B, Surface Water Supply Protection.

For lots constructed after June 1, 2009, in addition to the above-named prohibited uses the following shall apply: Any new building, structure, land-disturbing activities, excavation, or fill within Priority Zone 1 as defined in this Section 8.8, except for that which is necessary for the operation, modification, repair, replacement, or expansion of the Town's public drinking water supply system, and foot, bicycle, or horse paths and bridges and said systems that will be consistent with the purposes set forth in Section 8.8.1.

Slopes that exceed an average of 15 percent over a distance of 10 feet or more shall remain undisturbed;

Where a lot is partially outside the WPOD, the site plan shall, to the greatest extent possible, locate pollution sources, such as subsurface sewage disposal systems, outside the district;

Vegetation on the lot shall be planted and located in such a way as to maximize groundwater recharge, absorb and filter runoff and reduce erosion;

All construction activities as allowed within the WPOD shall be designed or sited to minimize erosion and runoff, by practices such as minimizing the construction period, slope stabilization, ditch maintenance, filtering, sedimentation basins, and revegetation. A Sedimentation and Control Plan, prepared and stamped by a Massachusetts Registered Professional Engineer, and approved by the Planning Board and other local agencies as may be needed, shall be required for all construction and land-disturbing activities within the designated Priority Zone 1 of water bodies and tributaries to the water supply as defined in Section 8.8.2. In addition, a Planting and Re-vegetation Plan prepared by a licensed Landscape Architect and approved by the Planning Board shall be required as part of all construction and land disturbing activities within the WPOD;

The renovation, expansion, and/or upgrade of existing on-site sewage treatment and disposal systems shall be conducted in accordance with requirements set forth in 310 CMR 15.000 et seq., unless otherwise specified herein.

Submission requirements and procedures shall be in accordance with Section 9.4 and the Planning Board Rules and Regulations for Special Permits and Site Plan Review under Section 9.5.3.

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.

That the plan will preserve and protect the surface and ground water resources in the WPOD for the health, safety, and welfare of the Town's people;

That the plan will protect the community from the detrimental use and development of land and waters within the WPOD;

That the design standards of Section 8.8.7 have been met; and

That Special Permits Procedures 8.8.8 have been met.

Provide family housing in accordance with G.L. c. 40A, § 3A and the Section 3A Compliance Guidelines of the Executive Office of Housing and Livable Communities (EOHLC);

Provide opportunities for housing near public transportation such as the Town's commuter rail stations and regional bus routes;

Encourage a mix of housing sizes and types in walkable areas to promote public health, reduce greenhouse gasses, improve air quality, and concentrate development where adequate facilities and services exist to support it;

Provide predictable permitting of new housing development;

Encourage residential and commercial uses to provide a customer base for local businesses;

Encourage economic investment in the redevelopment of properties;

Respond to the local and regional need for affordable housing by permitting a variety of housing types with inclusionary housing requirements;

Advance a number of land use, housing and mobility goals of the Andover Comprehensive Plan; Andover Housing Production Plan, Community Health Improvement Plan and the Climate Action and Substantiality Plan; and

Be consistent with the Town of Andover Complete Streets Policy.

The MOD includes all the lands designated on the map titled Multifamily Overlay District and Subdistricts, dated February 29, 2024 and prepared by the Town of Andover, on file with the Town Clerk and hereby made part of the Zoning Map. The MOD shall include the following subdistricts:

Underlying Zoning. Except as otherwise provided in this Section 8.9, all regulations of the underlying district(s) shall apply to land in the MOD; provided, however, that in the case of conflict between the provisions of the underlying district and the MOD, the provisions of the MOD shall control. When a building permit is issued for any Project approved under this Section 8.9, the provisions of the underlying district(s) shall no longer apply to the land shown on the site plan.

The Planning Board is the Site Plan Review and Special Permit granting authority for the MOD.

The following uses are permitted as of right in the MOD, subject to Site Plan Review under Section 9.5.

Special Permit Uses. In the MODT, MODRR and MODB, the Planning Board may grant a Special Permit for a Mixed-Use Structure in which multi-family housing is the principal use and any of the following nonresidential uses may be located on the ground floor, subject to any conditions that the Planning Board deems appropriate:

Development in the MOD shall comply with the following dimensional and density regulations:

Open Space. For purposes of complying this Section 8.9, the minimum open space requirement refers to land not used for buildings, structures, roadways, or other impervious surfaces. It may be preserved in its natural state or landscaped. With approval from the Planning Board, open space may be used for walkways that satisfy the requirements of Section 8.9.5.3.

Exceptions to Maximum Building Height. The limitation on height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings that are not used for living purposes and do not constitute more than 25% of the ground floor area of the building. More than one residential or accessory building or structure shall be allowed on a lot in the MOD. All structures must conform to the Massachusetts Building Code with respect to building separation and firewalls.

In the MODRR subdistrict, the Planning Board may grant a Special Permit to authorize an increase in the maximum building height, up to 5 stories and 65 feet, for a Mixed-Use Structure and increase the allowable density to 45 units per acre.

Developments in the MOD shall conform to the standards in this Section 8.9 and the following:

Off-Street Parking and Loading. Development in the MOD shall be provided as required by Section 5.1.4 Appendix A, Table 3 Off-street parking requirements and shall comply with Section 5.1 of this Bylaw. Any conflict between 5.1 and 8.9 shall be resolved in favor of 8.9.

Bicycle Parking. The following requirements shall apply to bicycle parking:

Shared outdoor space. Multi-family housing shall have common outdoor space that all residents can access. The outdoor space may be located in any combination of ground floor, courtyard, rooftop, or terrace.

Exterior Lighting. Throughout the MOD district, the goal of an exterior lighting plan shall be to light sidewalks and walkways, building entrances, and parking areas in a consistent, attractive, safe, and unobtrusive manner that minimizes off-site impacts. To this end, exterior lighting in the MOD shall conform to the following standards and shall be in accordance with a lighting plan approved by the Planning Board.

Waivers. Upon the request of the Applicant, the Planning Board may waive by majority vote the requirements of this Section 8.9.5. 1 through 8.9.5.8 above in the interests of design flexibility and overall project quality, and upon a finding that the proposed variation is consistent with the overall purpose and objectives of the MOD.

Affordability. Development in the MOD shall comply with 7.8.4 except as follows:

Development within the MOD shall be subject to Site Plan Review under Section 9.5 of this Bylaw.

The Planning Board may adopt advisory design guidelines to assist applicants in building design and site planning for a Project.

The Design Review Board shall review developments proposed in the MOD and provide advisory recommendations to the Planning Board.

The Planning Board may adopt advisory regulations to facilitate site layout, building design, and outdoor amenity spaces. All site plan review standards applicable to developments under this section shall be consistent with the purposes of this section and EOHLC's current Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act, as amended.