North Andover City Zoning Code
ARTICLE 17
OSGOOD SMART GROWTH OVERLAY DISTRICT OSGOD
§ 195-17.1 Purpose.
It is the purpose of this Article 17 to establish an Osgood Smart Growth Overlay District and to encourage smart growth in accordance with the purposes of MGL Chapter 40R, and to foster a range of housing opportunities along with a mixed-use development component, to be proposed in a distinctive and attractive site development program that promotes compact design, preservation of Open Space, and a variety of transportation options, including enhanced pedestrian access to employment and nearby rail access. Other objectives of this article are to:
A.
Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;
B.
Provide for a full range of housing choices for households of all incomes, ages, and sizes in order to meet the goal of preserving municipal character and diversity;
C.
Increase the production of a range of housing units to meet existing and anticipated housing needs;
D.
Provide a mechanism by which residential Development can contribute directly to increasing the supply and diversity of housing;
E.
Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective Development review and permitting;
F.
Establish Development standards to allow context-sensitive design and creative site planning;
§ 195-17.2 Definitions.
For purposes of this Article 17, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this § 195-17.2, or as set forth in the rules and regulations of the permit approval authority ("regulations"). To the extent that there is any conflict between the definitions set forth in this § 195-17.2 or the regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
A detached Building, the use of which is customarily subordinate and incidental to that of the principal Building or Buildings, whether or not located on the same lot.
A use of a parcel customarily subordinate and incidental to the principal Use of the lot, or a neighboring lot in the case of a Use pursuant to an easement, or to a Structure on the lot, or on a neighboring lot in the case of a Structure erected and maintained pursuant to an easement.
An Affordable Housing Dwelling Unit required to be sold to an Eligible Household.
Housing that is affordable to and occupied by Eligible Households.
An Affordable Housing Dwelling Unit required to be rented to an Eligible Household.
A person that files an application for Plan Approval and/or special permit and/or other approval pursuant to this Article 17. If the Applicant is not the owner of the real property on which the Development is proposed, then the Applicant, as part of the application or notice, shall obtain the owner's written authorization to file such application or notice. Such written authorization may take the form of preexisting agreements or instruments including, without limitation, signed purchase and sale agreement(s) and signed easement(s) (whether or not yet recorded), or a written letter of authorization from the owner of the real property.
A Development of residential or nonresidential under zoning without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A proposed Development that requires a special permit pursuant to this Article 17 shall not be considered an As-of-Right Project.
A combination of any materials, whether portable or fixed, having a roof, to form a Structure for the shelter of persons, animals, processes or property. For the purpose of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature. The word "Building" shall be construed, where the context requires, as though followed by the words "or part or parts thereof."
The aggregate of the maximum horizontal cross-sectional area of all Buildings on a lot, exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconies and terraces.
Measured from the average ground height adjoining at the exterior walls of a Building to highest point on the roof of the Building, exclusive of decorative cupolas, weather vanes, chimneys and vent structures, antennas, satellite dishes, mechanical penthouses and other Structures or enclosures not intended for human habitation.
Provisions of Part 9 of this Article 17 made applicable to Developments within the OSGOD that are subject to the Plan Approval process.
Any type of construction not defined as a "Project."
The Department of Housing and Community Development of the Commonwealth of Massachusetts, and any successor agency.
A portion of a lot designed for vehicular access to off-street parking or loading space or to a garage, whether or not located on the same Development real property. For purposes of this Article 17, a Driveway or Drive Lane is distinguished from a "Roadway" as defined below.
One or more living, kitchen and sleeping room(s) providing complete living facilities for the Use or one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation, but not including mobile homes or trailers, however mounted, or commercial accommodations offered for transient occupancy of less than one month's duration.
An individual or household whose annual income is less than 80% of the area-wide median income for the Lawrence MA-NH HMFA (HUD Metro FMR Area) as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
An establishment whose primary business is the sale of food upon a very short waiting time, served primarily through a drive-through facility, and which, because of the nature of the operation, causes or is a major contributor to a large volume or frequent turnover of vehicular traffic.
The ratio of the floor area to the Development site area defined in the application, as determined by dividing the Gross Floor Area by the land area of the site which is the subject of the Development defined in the application.
The floor area within the perimeter of the outside walls of the Building without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
A planted area intended to provide, when mature, a visual screen between Uses. Landscaped Buffers may include existing vegetation, new plantings and/or lawn areas. Fencing may form a part of the Landscaped Buffer or screening where appropriate or dictated by topography or other considerations.
Improvements to land to enhance its attractiveness and facilitate its use and enjoyment. Landscaping may include walks, terraces and the like, fencing, stone walls or other decorative walls, site furnishings, grading and reshaping of earth contours, planting, and lawn areas. Landscaping may also include existing natural areas indicated to remain and/or be renovated.
The Gross Floor Area for principal and accessory Structures permitted on a site.
A Development containing a mix of residential Uses and nonresidential Uses, as allowed in Part 4 of this Article 17, and subject to all applicable provisions of this Article 17.
Apartment or condominium Dwelling Units in one or more Buildings, each of which Buildings contains or will contain more than three such Dwelling Units.
The portion of a site within the OSGOD not occupied by Buildings, parking, garages, Roadways, Driveways and Drive Lanes, but which shall include, among other areas, all landscaped areas, all un-built areas, all sidewalks and walkways, and all swimming pools, tennis courts and other recreational facilities primarily open to the sky, whether or not landscaped.
The Osgood Smart Growth Overlay District established in accordance with this Article 17.
The rules and regulations of the PAA adopted pursuant to Article 17. Such rules and regulations shall not take effect until approved by DHCD and filed with the Town Clerk.
A determination made in the form of a written decision by the PAA that the proposed site plan for the Development complies with the standards and criteria which a site located within the OSGOD must meet under the procedures established herein and in the Enabling Laws and/or MGL c. 40A as more particularly provided herein.
For purposes of reviewing Development applications and issuing decisions on Development Projects and commercial Projects within the OSGOD, the Planning Board (the "PAA"), consistent with MGL Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority and, consistent with MGL c. 40A, shall be the special permit granting authority or other approval authority as provided herein, and the PAA is authorized to approve a site plan to implement a Development.
A Building in which is conducted the main or principal Use of the site on which said Building is situated. A Development is permitted to have more than one Principal Building.
The Structure on a Development site which contains the primary Use of the site. A principal Use shall not be contained within an accessory Structure as defined in above. A Development is permitted to have more than one Principal Structure.
A Residential Project and/or Mixed-Use Development Project, undertaken within the OSGOD in accordance with the requirements of this Article 17.
A Development which is proposed and which either requires a special permit as provided herein, or is otherwise not a "Project" as defined above.
Active Recreational Uses, including but not limited to ball fields; and passive Recreational Uses, including but not limited to walking and bicycle paths. Amusements or motorized Uses shall not be considered eligible Recreational Uses.
A Project that consists solely of residential, parking, and Accessory Uses.
A main access corridor as defined under § 195-17.44. A Roadway is not a "Driveway" or "Drive Lane" as defined above.
A combination of materials for occupancy or use, such as a Building, bridge, trestle, tower, framework, tank, tunnel, tent, stadium, reviewing stand, platform, shelters, piers, bin, sign, swimming pool or the like; the term "Structure" shall be construed as if followed by the words "or part thereof."
A specific and defined area of land within the OSGOD that is subject to specific requirements for allowable Uses and/or dimensional requirements that may differ from the requirements for allowable Uses and/or dimensional requirements in other specific and defined areas within the OSGOD. The boundaries and the names of the Subdistricts are referred to in § 195-17.5 herein.
The zoning otherwise established by the Zoning Bylaw without regard to this article.
The purpose for which a Structure or land is used or intended to be used.
A Use which by reason of its normal operation would cause readily observable, material differences in patronage, service, appearance, noise, employment or similar characteristics from the Use to which it is being compared.
The Zoning Bylaw of the Town of North Andover, as amended.
§ 195-17.3 Establishment; map.
The Osgood Smart Growth Overlay District, hereafter referred to as the "OSGOD," is an overlay district having a land area of approximately 169 acres in size that is superimposed over all Underlying Zoning districts, including without limitation all other overlay districts, established by the Zoning Bylaw now or hereafter applicable to the properties known as 1600 Osgood Street, and is shown on the Zoning Map as set forth on the map entitled "1600 Osgood Street Smart Growth Overlay District," dated March 2007, prepared by the North Andover Division of Community Development. This map is hereby made a part of the Zoning Bylaw and is on file in the office of the Town Clerk (the "OSGOD Zoning Map"). The OSGOD contains all of the real property described in a deed from Lucent Technologies, Inc. to 1600 Osgood Street, LLC dated August 21, 2003, recorded with the Essex North District Registry of Deeds in Book 8213, Page 272 as more particularly shown on the OSGOD Zoning Map.
§ 195-17.4 Underlying Zoning.
The OSGOD is an overlay district superimposed on all Underlying Zoning districts. As required by the Enabling Laws, the regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the Underlying Zoning district(s) shall remain in full force, except for those sites undergoing development pursuant to this Article 17. Within the boundaries of the OSGOD, a developer may elect to either develop a site in accordance with the requirements of this Article 17, or to develop a site 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).
§ 195-17.5 Subdistricts.
The OSGOD contains three Subdistricts, all hereby established and all in the locations shown on the OSGOD Zoning Map, including: (a) the Residential Mixed-Use Zone, containing approximately 31.65 acres; (b) the Mixed-Use Development Zone, containing approximately 10.15 acres; and (c) the Business Opportunity Zone, containing approximately 125.94 acres. For purposes of the application of this Article 17, and for a proposed Development which is located within a Subdistrict identified as the Mixed-Use Zone and/or the Business Opportunity Zone, the Uses permitted and the dimensional and other controls applicable in a Subdistrict may be extended into the adjacent Subdistrict described above to the extent of 150 feet as long as the limit of said extension is reflected on the site plan for a proposed Development for which Plan Approval is required under this Article 17. Moreover, a Residential Use may be accessed via a commercially zoned and/or mixed-use Subdistrict, and in turn, a nonresidential Use may be accessed via a residentially zoned and/or mixed-use Subdistrict.
§ 195-17.6 Administering Authority.
The provisions of this Article 17 shall be administered by the Planning Board, except as otherwise provided herein. Any appeal arising out of a Plan Approval decision by the PAA with respect to a Project shall be governed by the applicable provisions of MGL Chapter 40R, except with respect to a Commercial Project or other Development requiring a special permit or other approval under MGL c. 40A, in which case the provisions of MGL c. 40A shall govern only the portion of the Development for which a such special permit or other approval is required.
§ 195-17.7 Enforcing authority; building permit required.
This Article 17 shall be enforced by the Building Inspector, who may require the submission of plans, specifications and other information which he/she deems to be necessary to determine compliance with its provisions. No Building shall be constructed, reconstructed, enlarged, altered, moved, removed or demolished as part of a Development governed by this Article 17 without obtaining a building permit. The Building Inspector shall withhold such building permit if such Building or such activity included in such a Development governed by this article would be in violation of this article. No actual use and occupancy (as opposed to construction and/or a break-in period testing) of a Building, a lot, or a portion of either of them shall be commenced or changed without the issuance by the Building Inspector of a certificate of compliance. The Building Inspector shall withhold such certificate of compliance unless the Building Inspector is satisfied that all work has been completed in accordance with the provisions of the applicable approved permits and of the applicable provisions of this article, and that the proposed Use will be in conformity with the applicable provisions of this article.
§ 195-17.8 Applicability.
In accordance with the provisions of MGL Chapter 40R and 760 CMR 59.00, an Applicant for a Development located within the OSGOD may seek Plan Approval in accordance with the requirements of this Article 17. In such case, then notwithstanding anything to the contrary in this Zoning Bylaw, such application shall not be subject to any other provisions of this Zoning Bylaw, including limitations upon the issuance of building permits for residential Uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or Dwelling Unit limitations, including but not limited to limitations provided in Article 4, Part 7, Phased Development, of the Zoning Bylaw. The total number of residential Dwelling Units which can be developed within the OSGOD shall not exceed 530, and such Dwelling Units may only be developed within the Residential Mixed-Use Zone and/or the Mixed-Use Development Zone defined below and in accordance with the provisions of this Article 17.
§ 195-17.9 Residential Mixed-Use Zone.
A.
Purpose. The purpose of the Residential Mixed-Use Zone is to increase the efficiency of land use, promote a diversity of housing types, emphasize and encourage pedestrian and bicycle circulation, and to encourage the integration of smaller commercial and retail activities to complement the primary residential Uses.
B.
As-of-Right Uses. The following Uses shall be permitted in the Residential Mixed-Use Zone As-of-Right upon Plan Approval pursuant to the provisions of this Article 17:
(1)
Two-family, three-family, townhouse, and/or Multifamily residential Use(s), provided that the minimum allowable As-of-Right density requirements for residential Use specified in Part 7 of this article shall apply to the residential portion of a mixed-use Development;
(2)
Assisted living units and facilities;
(3)
Continuing care retirement center;
(4)
Independent elderly housing;
(5)
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
(6)
Eating and drinking establishment not to exceed 2,000 square feet in Gross Floor Area per user and shall not contain a drive-through facility;
(7)
Municipal recreation area;
(8)
Nonprofit school;
(9)
Outdoor recreation area;
(10)
Personal services, banking and retail establishments not to exceed 3,000 square feet in Gross Floor Area per user;
(11)
Places of worship;
(12)
Private school;
(13)
Parking accessory to any of the above permitted Uses, including surface, garage-under, and structured parking (e.g., parking garages), as well as parking accessory to the Uses described in Subsection C below; and
(14)
Other Accessory Uses customarily incidental to any of the above permitted Uses as determined by the Building Inspector.
C.
Uses allowed by special permit. The following Uses shall be permitted in the Residential Mixed-Use Zone by Plan Approval special permit issued by the Plan Approval Authority pursuant to the provisions of § 195-17.13:
(1)
Eating and drinking establishment in excess of 2,000 square feet of Gross Floor Area per user, but less than 15,000 square feet of Gross Floor Area per user, provided that such establishment shall not contain a Fast-Food Establishment;
(2)
Personal services, banking and retail establishments in excess of 3,000 square feet of Gross Floor Area per user but less than 15,000 square feet of Gross Floor Area per user;
(3)
Nursing and convalescent homes;
(4)
Commuter rail system; and
(5)
Other accessory Uses customarily incidental to any of the above permitted Uses as determined by the Inspector of Buildings.
D.
The total Gross Floor Area devoted to nonresidential Uses and nonresidential Accessory Uses located within the Residential Mixed-Use Zone shall not exceed 75,000 square feet.
§ 195-17.10 Mixed-Use Development Zone.
A.
Purpose. The intent of the Mixed-Use Development Zone is to provide a transition between primarily residential Development and compact, higher-density commercial and mixed-use Development, to increase the efficiency of land use on land which is substantially developed area, to allow commercial Projects which may include a mixture of complementary land uses such as housing, retail, offices, commercial services, and civic Uses, to create economic and social vitality and to encourage the linking of trips.
B.
As-of-Right Uses. The following Uses shall be permitted in the Mixed-Use Development Zone As-of-Right upon Plan Approval pursuant to the provisions of § 195-17.13 and other applicable provisions of this Article 17:
(1)
Agricultural Use;
(2)
Art gallery;
(3)
Businesses, professional and other offices;
(4)
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
(5)
Eating and drinking establishment not to exceed 2,000 square feet in Gross Floor Area per user and which shall not be a Fast-Food Establishment;
(6)
Funeral parlor;
(7)
Guesthouse;
(8)
Medical center and/or medical offices;
(9)
Motel/Hotel;
(10)
Outdoor recreation area, including, but not limited to, tennis court, basketball court, athletic fields, tot lots, and passive recreation;
(11)
Personal services establishments;
(12)
Places of worship;
(13)
Public Building or Use;
(14)
Retail, banking, and service establishments not to exceed 20,000 square feet in Gross Floor Area per user;
(16)
Accessory Uses customarily incidental to any of the above permitted Uses as determined by the Inspector of Buildings.
C.
Uses allowed by special permit. The following Uses shall be permitted in the Mixed-Use Development Zone by Plan Approval special permit issued by the Plan Approval Authority, as special permit granting authority (SPGA), pursuant to the provisions of § 195-17.13:
(1)
Two-family, three-family, townhouse, and/or Multifamily Residential Use(s), provided that the minimum allowable as-of-right density requirements for residential Use specified in Part 7 of this Article 17 shall apply to the residential portion of a mixed-use Development;
(2)
Assisted living units and facilities;
(3)
Continuing care retirement center;
(4)
Independent elderly housing;
(5)
Nursing and convalescent homes;
(6)
Retail and service establishments in excess of 20,000 square feet of Gross Floor Area per user but less than 65,000 square of Gross Floor Area per user;
(7)
Eating and drinking establishment, provided that such establishment shall not be a Fast-Food Establishment; and shall not exceed 15,000 square feet of Gross Floor Area per user;
(8)
Incubator or business park;
(9)
Indoor place of amusement or assembly, including but not limited to arenas, theaters, and athletic or recreational facilities;
(10)
Indoor ice skating facility;
(11)
Nonprofit school;
(12)
Private school for profit;
(13)
Research and development facilities;
(14)
Retail plaza not to exceed 150,000 square feet of Gross Floor Area, where any single user cannot exceed 65,000 square feet of Gross Floor Area; and
(15)
Accessory Uses customarily incidental to any of the above permitted Uses as determined by the Inspector of Buildings.
§ 195-17.11 Business Opportunity Zone.
A.
Purpose. The intent of the Business Opportunity Zone is to encourage efficient land use by facilitating compact, high-density retail, commercial, industrial Development and other commercial Projects, and to facilitate Development (land use, density and design) that supports public transit if applicable.
B.
As-of-Right Uses. The following Uses shall be permitted in the Business Opportunity Zone As-of-Right upon Plan Approval pursuant to the provisions of § 195-17.13 and other applicable provisions of this Article 17:
(1)
Agricultural Use;
(2)
Art gallery;
(3)
Business, professional and other offices;
(4)
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
(5)
Funeral parlor;
(6)
Medical center and/or medical offices;
(7)
Motel/Hotel;
(8)
Places of worship;
(9)
Public Building or Use;
(10)
Eating and drinking establishment;
(11)
Personal services establishment;
(12)
Municipal recreation area;
(13)
Manufacturing;
(14)
Printing and reproduction;
(15)
Research and development facilities;
(16)
Retail, banking, and service establishments not to exceed 20,000 square feet in Gross Floor Area per user;
(17)
Parking accessory to any of the above permitted Uses, including surface, garage-under, and structured parking (e.g., parking garages), as well as parking accessory to the Uses described in Subsection C below; and
(18)
Accessory Uses customarily incidental to any of the above permitted Uses as determined by the Inspector of Buildings.
C.
Uses allowed by special permit. The following Uses shall be permitted in the Business Opportunity Zone by Plan Approval special permit issued by the Plan Approval Authority, as special permit granting authority (SPGA), pursuant to the provisions of § 195-17.13:
(1)
Commuter rail system;
(2)
Incubator or business park;
(3)
Indoor place of amusement or assembly, including, but not limited to, such Uses including arenas, theaters, and athletic or recreational facilities;
(4)
Indoor ice skating or other athletic facility;
(5)
Nonprofit school;
(6)
Outdoor recreation area, including, but not limited to, tennis court, basketball court, athletic fields, and passive recreation;
(7)
Private school for profit;
(8)
Parking accessory to any of the above permitted Uses, including surface, garage-under, and structured parking (e.g., parking garages);
(9)
Retail and service establishments in excess of 20,000 square feet of Gross Floor Area per user;
(10)
Retail plaza;
(11)
Public service corporation;
(12)
Windmills up to 150 feet to the top of the hub at the center of the rotor; and
(13)
Accessory Uses customarily incidental to any of the above permitted Uses as determined by the Inspector of Buildings.
§ 195-17.12 Prohibited Uses.
All Uses not expressly allowed are prohibited.
§ 195-17.13 Criteria for special permit and other applicable approval by Plan Approval Authority.
A.
Any Development component for which a special permit is required to be issued by the Plan Approval Authority, as special permit granting authority pursuant to MGL c. 40A, § 9, or for a commercial Project approved under MGL c. 40A, shall only be issued in accordance with the requirements of this § 195-17.13.
B.
The Plan Approval Authority may grant a special permit or other approval within the framework of this Article 17 only after holding a public hearing, which must be held within 65 days after the Applicant files for such special permit or other approval. The sixty-five-day period shall be deemed to have begun with the filing of the application with the Plan Approval Authority. The Applicant is responsible for transmitting a copy of the application for a special permit or other approval within 24 hours of the filing of the application with the Planning Board and to the Town Clerk.
C.
The Plan Approval Authority shall not approve any such application for a special permit or other approval unless it finds that in its judgment all the following conditions are met:
(1)
The specific site is an appropriate location for such a Use, Structure or condition;
(2)
The Use as developed will not adversely affect the neighborhood;
(3)
There will be no nuisance or serious hazard to vehicles or pedestrians;
(4)
Adequate and appropriate facilities will be provided for the proper operation of the proposed Use;
(5)
With regard to a special permit, the Plan Approval Authority shall not grant any special permit unless it makes a specific finding that the Use is in harmony with the general purpose and intent of this Zoning Bylaw; and
(6)
The Use for which the special permit or other approval is sought complies with the dimensional and other criteria described in Parts 9 through 13 of this Article 17 unless otherwise waived as provided therein.
D.
In approving a special permit, the Plan Approval Authority may attach such conditions and safeguards only to the portion of the Development requiring a special permit as are deemed necessary to protect the neighborhood, such as, but not limited to, the following:
(1)
Requirements of front, side, or rear yards greater than the minimum required by this bylaw;
(2)
Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices as specified by the Plan Approval Authority;
(3)
Modification of the exterior features or appearances of the Structure;
(4)
Limitation of size, number of occupants, method or time of operation, or extent of facilities; and
(5)
Regulation of number, design and location of access drives or other traffic features.
E.
Special permits or other approvals granted under the provisions contained herein shall be deemed to have lapsed after a two-year period from the date on which the special permit or other approval was granted unless substantial use or construction has commenced. If the Applicant can show good cause why substantial use or construction has not commenced within the two-year period, the Plan Approval Authority, at its discretion, may extend the special permit or other approval for an additional one-year period. Included within the two-year period stated above is the time required to pursue or await the determination of an appeal from the provisions of the bylaw.
G.
Within 90 days following the date of the public hearing, the Plan Approval Authority shall take final action in the matter in order to issue a special permit or other approval provided for in this article. There shall be at least four of the five members of the Plan Approval Authority voting in favor of issuing the special permit or other approval.
H.
Filing of decision.
(1)
A special permit or other approval granted under the provisions of this bylaw shall not take effect until: the Town Clerk certifies on a copy of the decision that 20 days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied, and the certified decision has been recorded at the owner's expense in the Essex County Registry of Deeds indexed in the grantor index under the name of the record owner, and noted on the owner's certificate of title;
(2)
If the special permit or other approval involves registered property, the decision, at the owner's expense shall also be filed with the Recorder of the Land Court.
I.
At the discretion of the PAA, an Applicant seeking approval of a Development including both As-of-Right Uses as well as Uses requiring a special permit or other approval may combine such applications into a single application, and the PAA may combine both hearings and issue a single decision on such a combined Development, provided that all requirements for the As-of-Right Development are complied with in accordance with the Enabling Laws and this Article 17, and with respect to Uses allowed by special permit or other approval, are complied with in accordance with MGL c. 40A.
§ 195-17.14 Authority to require phasing.
The PAA, as a condition of any Plan Approval, may require a Project to be phased to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the proportion of affordable units and the proportion of market-rate units shall be consistent across all phases.
§ 195-17.15 Marketing plan.
As part of any application for Plan Approval for housing within the OSGOD, an Applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. These documents in combination, to be submitted with a Plan Approval application pursuant to Part 10 below, shall include details about construction related to the provision, within the Development, of units that are accessible to the disabled.
§ 195-17.16 Number of Affordable Housing units.
For all Projects, not less than 20% of the housing units constructed in the district shall be Affordable Housing, as required by the Enabling Laws. For purposes of calculating the number of units of Affordable Housing required within the district, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.
§ 195-17.17 Requirements.
Affordable Housing shall comply with the following requirements:
A.
For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming 1.5 persons per bedroom, unless other affordable program rent limits approved by the DHCD shall apply;
B.
For an Affordable Homeownership Unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an Eligible Household, assuming 1.5 persons per bedroom; and
C.
Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.
§ 195-17.18 Design and construction.
Units of Affordable Housing shall be finished, but not furnished housing units. Units of Affordable Housing shall be dispersed throughout the Development of which they are part and be compatible in initial construction quality and exterior design to other housing units in the Development. The total number of bedrooms in the Affordable Housing shall be, insofar as practicable, proportionate to the total number of bedrooms in all the units in the Development of which the Affordable Housing is a part.
§ 195-17.19 Affordable Housing Restriction.
Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction approved by the PAA which is recorded with the appropriate Registry of Deeds or District Registry of the Land Court and which contains at least the following:
A.
Specification of the term of the Affordable Housing Restriction, which shall be no less than 30 years, and in the discretion of the PAA, the restriction may be in perpetuity;
B.
The name and address of an Administering Agency, with a designation of its power to monitor and enforce the Affordable Housing Restriction;
C.
A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Project or the rental portion of a Project without specific unit identification;
D.
Reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law for the Affordable Housing Units; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such unit shall be given to a household of the appropriate size;
E.
A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan;
F.
Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set;
G.
Designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions;
H.
A requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease or sublease of any unit of Affordable Housing shall be given to the Administering Agency;
I.
Provision for effective monitoring and enforcement of the terms and provisions of the Affordable Housing Restriction by the Administering Agency;
J.
Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Administering Agency and the Town and/or a nonprofit organization, in a form approved by municipal counsel and PAA, and shall limit initial sale and resale to and occupancy by an Eligible Household;
K.
Provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Administering Agency and the Town and/or a nonprofit organization, in a form approved by municipal counsel, and the PAA, and shall limit rental and occupancy to an Eligible Household;
L.
Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall file an annual report with the Administering Agency, in a form specified by that agency, certifying compliance with the affordability provisions of this bylaw and containing such other information as may be reasonably requested in order to ensure affordability; and
M.
A requirement that residents in Affordable Housing provide such information as the Administering Agency may reasonably request in order to ensure affordability.
§ 195-17.20 Administering Agency.
An Administering Agency, which may be the Local Housing Authority or other qualified housing entity (the "Administering Agency"), shall be designated by the PAA as the Administering Agency for all Projects in the OSGOD. In a case where the Administering Agency cannot adequately carry out its administrative duties, upon certification of this fact by the PAA or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. The Applicant and its successor in title and interest shall pay for the services of the Administering Agency or other such entity providing the services required herein, with such payment not to exceed a reasonable amount for such services to be agreed upon by the PAA and the Applicant. In any event, such Administering Agency shall ensure the following, both prior to issuance of a building permit for a Project within the OSGOD, and on a continuing basis thereafter, as the case may be:
A.
Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed;
B.
Income eligibility of households applying for Affordable Housing is properly and reliably determined;
C.
The housing marketing and resident selection plan conform to all requirements and is properly administered;
D.
Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan, with appropriate unit size for each household being properly determined and proper preference being given;
E.
Affordable Housing Restrictions meeting the requirements of this section are recorded with the proper Registry of Deeds; and,
F.
Enforcement, by litigation or otherwise, of the Affordable Housing Restrictions and the foregoing requirements.
§ 195-17.21 Housing marketing and selection plan.
The housing marketing and selection plan may make provision for payment by the Project Applicant of reasonable costs to the Administering Agency to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements.
§ 195-17.22 Age restrictions.
The district shall not include the imposition of restrictions on age upon the entire district, but the development of specific Projects within the district may be exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable fair housing laws and not less than 25% of the housing units in such a restricted Project shall be restricted as affordable units. Any Project which includes age-restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations.
§ 195-17.23 Twenty-percent requirement.
For all Projects where the affordable units proposed are homeownership units, not less than 20% of the total housing units constructed in a Project shall be Affordable Housing. For all Projects where the affordable units proposed are rental units, not less than 25% of total housing units in any Building containing rental units shall be Affordable Housing; provided, however, that 20% of such units may be affordable where the affordable units are restricted to households earning less than 50% of area median income. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.
§ 195-17.24 Phasing.
For housing that is approved and developed in phases, the proportion of Affordable Housing units [and the proportion of existing zoned units to bonus units as described in 760 CMR 59.04(1)(h)] shall be consistent across all phases.
§ 195-17.25 Computation of rents and purchase prices.
Prior to the granting of any building permit for the housing component of a Project, the Applicant must demonstrate, to the satisfaction of the PAA, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town of North Andover.
§ 195-17.26 Waiver prohibited.
Notwithstanding anything to the contrary herein, the affordability provisions in this Part 6 shall not be waived.
§ 195-17.27 Dimensional requirements.
Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements applicable in the OSGOD are as follows:
40R Overlay Subdistricts | |||
|---|---|---|---|
Dimensional Requirements | Mixed-Use Residential District | Mixed-Use Commercial District | Business Opportunity Zone |
Minimum lot area | N/A | N/A | 1 acre to 15 acres maximum |
Minimum lot frontage on a public way | N/A | N/A | N/A |
Maximum Building height | 55 feet | 55 feet | 55 feet |
Minimum front setback1 | 10 feet minimum; 25 feet maximum | 0 feet minimum; 15 feet maximum | 0 feet minimum; 10 feet maximum |
Minimum rear yard setback | 15 feet; 25 feet maximum | No required setback | No required setback |
Minimum side yard setback | 5 feet if lot line is on a street; 3 feet minimum; 10 feet maximum if adjacent to another lot line | No required setback | No required setback |
Minimum Open Space | 20% | 15% | 15% |
Allowable Dwelling Units/acre2 | 20 | 20 | Not allowed |
Minimum setback between principal Buildings | 0 feet minimum; 20 feet maximum | 0 feet minimum; 20 feet maximum | 0 feet minimum; 20 feet maximum |
Minimum setback between either (a) accessory Buildings, or (b) principal Buildings and accessory Buildings | 0 feet minimum; 25 feet maximum | 0 feet minimum; 5 feet maximum | 0 feet minimum; 5 feet maximum |
Multiple Buildings on 1 lot | Allowed | Allowed | Allowed |
Floor Area Ratio (FAR) | 0.70:1 | 0.65:1 | 0.90:1 |
Lot Coverage | 70% | 90% | 90% |
Notes: | |
1. | Refer to § 195-17.28. |
2. | "Allowable Dwelling Units per acre" shall mean the maximum number of Dwelling Units per acre averaged over the entire Residential Mixed Use Overlay District. |
§ 195-17.28 Interpretation of table.
A.
A front yard setback of 50 feet for property within the OSGOD shall apply only to front yards abutting Route 125 (Osgood Street). There shall be no front yard setback requirement unless specified in the Subdistrict.
B.
Open Space shall be "usable Open Space," which is defined as the part or parts of land within the OSGOD which are reserved for permanent Open Space or passive recreation Use. This space shall exclude parking areas, but include required setbacks and walkways. The usable Open Space shall be open and unobstructed to the sky. Trees, planting, arbors, flagpoles, sculptures, fountains, outdoor open-air, passive/active recreational facilities, such items as streetscape elements (lights, planters, benches, etc.), outdoor areas devoted to dining, cafe or similar Uses, and decorative surface treatments for sidewalks and other hard surfaces (such as pavers, cobblestones or concrete surface treatments designed to resemble pavers or cobblestones), and similar objects shall not be considered obstructions. No more than 25% of the total amount of required usable Open Space shall be "wetland" as defined by the requirements of MGL c. 131, § 40, and the Town's Wetlands Bylaw.[1]
§ 195-17.29 Required parking.
Notwithstanding anything to the contrary in this Zoning Bylaw, the parking requirements applicable in the OSGOD are as follows:
Residential Uses | ||
|---|---|---|
1. | Residential Use (minimum) | 1 space per Dwelling Unit |
2. | Residential Use (maximum) | 2 spaces per Dwelling Unit |
3. | All other places with sleeping rooms for accommodations, including (but not limited to) rooming houses, hotels, motels, hospitals, nursing homes | 1 space per sleeping room for single or double occupancy, 1 space per 2 double beds for rooms exceeding double occupancy |
Recreation Uses | ||
|---|---|---|
1. | Passive recreation (i.e., parks, picnic facilities) | 5 spaces per acre |
2. | Active recreation (i.e., athletic fields) | 1 space per 4 persons based on the design capacity of the facility |
Business or Commercial Uses | ||
|---|---|---|
1. | Auditoriums, theaters, funeral parlors, day-care centers, and other places of assembly | 1 space per 4 persons based on the design capacity of the facility |
2. | Restaurants - sit down restaurants | 1 per 2 seats or 15 per 1,000 GFA (whichever greater applies) |
3. | Retail store and service establishment | 5 spaces per 1,000 square feet (6 spaces per 1,000 square feet maximum) |
4. | Offices | 1 space per 300 square feet GFA |
5. | Medical offices and research facilities | 3 spaces per 1,000 square feet GFA plus 1 space per employee |
6. | Warehousing, wholesaling, distributing | 1 space per 500 square feet GFA |
Mixed-Use Development Projects | Residential requirement plus nonresidential requirement |
Industrial Uses | ||
|---|---|---|
1. | Manufacturing, assembly, fabrication, etc. | 1 space per 2 employees in the minimum working shift or 1 space per 1,000 GFA (whichever greater applies) |
§ 195-17.30 Interpretation of table.
A.
Unless otherwise approved by the PAA, a minimum of one and a maximum of two off-street parking spaces shall be provided for each residential unit, inclusive of parking spaces within garages. The PAA may allow for additional visitor parking spaces beyond the 2.0 maximum spaces per unit if deemed appropriate given the design, layout and density of the proposed residential or other Development. The PAA may allow for a decrease in the required parking as provided in Subsection D below. Notwithstanding anything to the contrary herein, an Applicant may satisfy the parking requirements herein even though parking may not be located within the same Subdistrict as the specific Use, provided that suitable arrangements to the satisfaction of the PAA are in place to allow for the use of such parking to satisfy the parking requirement.
B.
A "parking space" shall mean an area of not less than nine feet by 18 feet, accessible over unobstructed Driveways not less than 24 feet wide.
C.
Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA if the Applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies).
D.
Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced upon a demonstration to the reasonable satisfaction of the PAA that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that a lesser amount of parking will provide positive environmental or other benefits, taking into consideration:
(1)
The availability of surplus off-street parking in the vicinity of the Use being served and/or the proximity of a bus or an MBTA transit station;
(2)
The availability of public or commercial parking facilities m the vicinity of the Use being served;
(3)
Shared use of off-street parking spaces serving other Uses having peak user demands at different times;
(4)
Age or other occupancy restrictions which are likely to result in a lower level of auto usage;
(5)
Impact of the parking requirement on the physical environment of the affected lot or the adjacent lots, including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing Dwelling Units, or loss of pedestrian amenities along public ways; and
(6)
Such other factors as may be considered by the PAA.
§ 195-17.31 Intent.
In order to ensure high-quality Development within the OSGOD and to ensure design that respects the built and natural character of North Andover, the following Design Standards are established. These standards are intended to be flexible, and applied by the Plan Approval Authority as appropriate to the Development as part of the site plan review process to enable the purpose of this district to be realized. While these guidelines apply to all site improvements and Buildings and Structures, it is not the intent of this Part 9 to prescribe or proscribe use of materials or methods of construction regulated by the State Building Code, but rather to enhance the appearance of the built environment within an OSGOD. In the case of inconsistency between applicable federal and state law, including without limitation the State Building Code or life safety codes and these Design Standards, the applicable federal and state laws, rules and regulations shall govern.
§ 195-17.32 Building and Structure placement.
The placement of Buildings and Structures in an OSGOD shall:
A.
Provide for buffering of Buildings and Structures to adjoining properties either within the proposed OSGOD or to adjacent land Uses. Such buffering includes, but is not limited to: Landscaping, screening materials, natural barriers, fencing, and related measures;
B.
Development should acknowledge Route 125 as its front entry. Rooftop equipment shall be appropriately screened to avoid visual impacts to residential Uses;
C.
Buildings adjacent to usable Open Space should generally be oriented to that space, with access to the Building opening onto the Open Space;
D.
Provide street trees with tree grates or in planter strips, using appropriate species to provide summer shade and winter light. Species should be native, resistant to salt and drought, and be tolerant of urban conditions;
E.
Orient Structures to provide pedestrian entrances to the sidewalk;
F.
Street Design Standards shall not be limited to defined rights-of-way but shall also apply to Driveways and internal ways which function as streets;
G.
Trash collection and dumpster locations shall be appropriately located and screened to avoid adverse impacts on neighbors and neighboring properties. Within a Development, the containment of all solid waste storage and handling within the Building(s) of the Development is encouraged; and
H.
Any loading docks or areas associated with the mixed-use Development component shall be located to minimize (visual and operational) impacts on the site and on neighboring properties.
§ 195-17.33 Open Space.
A.
Create Open Space parks within the Development;
B.
Mature street trees have a high value to the Development; minimize departures from Development standards that would impair the health of a mature trees;
C.
Use landscape materials that are native, sustainable, requiring minimal irrigation or fertilizer; and
D.
Encourage alternative and green paving materials to minimize stormwater run-off.
§ 195-17.34 Building massing/articulation.
The massing of Buildings shall:
A.
Avoid unbroken Building facades longer than 50 feet. Buildings shall not be longer than 210 feet in length, unless waived by the PAA. In approving Building lengths that exceed 210 feet, the PAA must find that pedestrian circulation is enhanced by the provision of archways, passageways, or other similar throughways;
B.
Mixed-use Buildings should incorporate the use of dual facades to foster integration of Uses where appropriate;
C.
Provide a variety of Building heights and varied roofline articulation; and
D.
Buildings on corner lots shall be oriented to the corner and public street fronts. Parking and automobile access shall be located away from the corners, where practical.
§ 195-17.35 Building appearance and treatment.
To the extent not inconsistent with or preempted by the State Building Code, the following shall be considered as applicable:
A.
It is not intended that Buildings be totally uniform in appearance or that designers and developers be restricted in their creativity. Rather, cohesion and identity can be demonstrated by:
B.
Preferred exterior Building siding materials include brick, stone, wood, cement and composite materials and other types of exterior siding materials upon a determination by the PAA that the quality of such siding will not detract from the aesthetics of the proposed Buildings.
C.
New Buildings. The design of new Buildings shall incorporate architectural features such as:
(1)
Transom or clerestory windows above entrances, display windows and projected bay windows are encouraged within commercial, retail, and industrial Developments.
(2)
Multiple-paned windows that divide large areas of glass into smaller parts shall be used.
(3)
Incorporate Building entry treatments that are arched or framed and protect people from the elements.
(4)
Nonreflective storefront windows and transoms; architectural detailing on the first floor; and detailing at the roofline.
D.
Ground floor: transparent, open facades for commercial Uses at street level;
E.
Middle floors: architectural features may include change in materials and color and/or texture that enhance specific elements of the Building; and
F.
Top floors. Clearly distinguish tops of Buildings from the facade walls by including detail elements such as steep gables with overhangs, parapets and cornices.
§ 195-17.36 Development environment.
A.
Pedestrian Open Spaces and entrances.
(1)
Entries for residential Uses on the street (rather than from the rear of the property);
(2)
Overhead weather protection shall be designed to minimize gaps in coverage, except to accommodate street trees;
(3)
Sidewalks shall be surfaced with concrete, brick, or stone materials unless waived by the SPGA; minimum width shall be five feet unless waived by the SPGA; and
(4)
Benches for seating shall be provided near retail entrances and at bus stops. At bus stops, such benches shall offer protection from the weather.
§ 195-17.37 Landscaping.
The landscape design shall strive to provide greenery so that streets and access drives are lined with shade trees, large paved areas are visually divided and screened and buffers are provided within and around the Development. Said landscape design shall be prepared and stamped by a registered landscape architect. Landscaping criteria are as follows:
A.
Native trees and shrubs shall be planted wherever possible, such as lilac, viburnum, day lilies, ferns, red twig, dogwood, oak, maple, sycamore, linden, hawthorne, birch, shadbush, etc.).
B.
Provide hedges or continuous shrubs to screen parking areas from streets, where practical;
C.
All Buildings shall have foundation Landscaping, where practical;
D.
All islands and landscape areas shall be of a minimum width and size to support healthy plant growth. The minimum width for plant beds shall be five feet and an eight-foot width for trees;
E.
All open areas, exclusive of areas to remain in an existing natural state, shall be landscaped, utilizing both natural and man-made materials such as indigenous grasses, trees, shrubs, and attractive paving materials and outdoor furniture;
F.
Deciduous trees shall be placed along new and existing streets and ways. Street trees shall be located every 30 feet on center along both sides of the Roadway within the district.
(1)
The species of street trees selected shall be a minimum of four different species from the list of recommended street trees below:
(a)
Plantanus acerifolia (London planetree);
(b)
Fraxinus pennsylvanica (green ash);
(c)
Ginkgo biloba (ginkgo);
(d)
Gleditsia triacanthos inermis (honey locust);
(e)
Maple;
(f)
Oak;
(g)
Tilia cordata (little-leaf Linden);
(h)
Pyrus calleryana (Chanticleer Callery pear); and
(i)
Zelkova serrata (Japanese Zelkova).
(2)
The existing Roadways, Route 125 and the existing property Driveway, shall have larger trees that typically grow to heights greater than 50 feet. The species of street trees selected shall be a minimum of four different species from the list of recommended street trees below:
(a)
Picea pungens (Colorado blue spruce);
(b)
Picea abies (Norway spruce);
(c)
Fagus grandifolia (American beech);
(d)
Fraxinus Americana (white ash);
(e)
Betula alleghaniensis (yellow birch);
(f)
Acer saccharum (sugar maple);
(g)
Acer rubrum (red maple);
(h)
Quercus rubra (northern red oak);
(i)
Quercus coccinea (scarlet oak);
(j)
Platanus acerifolia (London planetree); and
(k)
Betula papyrifera (paper birch).
G.
Outdoor lighting shall be considered in the Landscaping plan and requires the submission of a photometric lighting plan. Cutoff shields shall be used to minimize glare and light spillover onto abutting property. Ornamental streetlights, 16 feet maximum height on minor roads and 24 feet maximum height on major roads;
H.
Preservation of existing vegetation or tree-lined areas shall be maintained; and
I.
Landscaped, required Open Space and green areas, in addition to serving as visual amenities, shall be employed to reduce the rate and volume of stormwater runoff compared to pre-development conditions; for that reason, Department of Environmental (DEP) Stormwater best management practices and other measures to minimize runoff and improve water quality shall be implemented. It is also generally intended that said space be designed and located to connect with existing off-site usable Open Space, and provide potential for connection with future Open Space by extending to the perimeter of the Development, particularly when a plan exists for the location and networking of such future Open Space.
§ 195-17.38 Lighting.
A.
All artificial lighting used to illuminate residential, commercial, and industrial parking lot, loading bay or Driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the parking, loading or Driveway area, and shall be shielded or recessed so as not to shine upon abutting properties;
B.
Lighting in display windows to illuminate the sidewalk is recommended;
C.
Architectural lighting to complement the architecture of the Structure, including transparent windows allowing views into and out of the Structure;
D.
Fixtures that produce glare or that spill light to adjoining sites are prohibited; and
E.
Installation of pedestrian light fixtures as part of a Development's sidewalk improvements is strongly encouraged.
§ 195-17.39 Parking lot Landscaping.
A.
Parking areas and lots shall use Landscaping and terracing to break up large areas of pavement. The following minimum screening and Landscaping requirements shall apply for all lots with more than six parking spaces:
(1)
A strip of land at least six feet wide (may be part of required yard setbacks) with trees or shrubs densely planted, to create at least an impervious screen, at least four feet high at the time of planting and which are of a type that may be commonly expected to form a year-round impervious screen at least five feet high within three years;
B.
For all off-street parking areas of 18 or more spaces the following criteria shall also apply:
(1)
On at least three sides of the perimeter of an outdoor parking lot, there shall be planted at least one tree for every 30 linear feet. In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of nine or more parking spaces face each other, a landscaped Open Space not less than six feet in width shall be provided. The landscaped strip may be provided either:
(2)
Trees required by this section shall be at least 2.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in a parking lot. To the extent practicable, existing trees shall be retained and used to satisfy this section. Native trees and shrubs shall be planted wherever possible, including species such as lilac, viburnum, day lilies, ferns, red twig, dogwood, oak, maple, sycamore, linden, hawthorne, birch, shadbush, etc.
§ 195-17.40 Pedestrian amenities and recreation.
Development shall include the following components:
A.
Provide long-term, covered bicycle parking areas;
B.
Provide well-lit transit shelters where necessary;
C.
Pedestrian-oriented features such as walkways, pergolas, outdoor sitting plazas, landscaped Open Space, drop-off areas, and recreational facilities shall be emphasized, and bike racks shall be provided in appropriate locations throughout the site; and
D.
Tree-lined or otherwise appropriately landscaped pedestrian paths and walkways shall link together areas designated as Open Space within the site, and wherever possible, to adjoining public areas.
§ 195-17.41 Utility requirements.
A.
Installation. All utility lines, and/or other subsurface facilities within the street rights-of-way shall be installed prior to the placement of the Roadway subbase materials. All electrical and communications lines shall be installed underground. Communications lines shall include, but not be limited to, telephone, internet and cable;
B.
Identification. The Applicant shall provide and install utility identification tape for all underground utility installations. The tape shall be placed in the trench a minimum of 12 inches above the pipe, conduit or cable and not less than 12 inches below the finished grade.
(1)
Identification tape for utilities shall be traceable, durable, and either nonbiodegradable plastic or metallic, and shall be approximately six inches wide by 0.004 inch, or four mil, in thickness;
C.
Easements. Wherever necessary, the Board shall require perpetual, unobstructed easements for sewers, storm drains, power lines, water mains and other utilities. Such easements shall be a minimum width of 20 feet, centered on the utility, and shall be indicated on the site plan approved pursuant to the Plan Approval decision by metes and bounds. The width of an easement may be changed if determined to be acceptable by the PAA or Department of Public Works:
(1)
Easements for water, sewer, electric, telephone lines and drainage piping or channels shall be provided at locations determined by the Board and the Department of Public Works for the provision or extension of utilities within the Development or to adjacent properties;
(2)
Where the Development is traversed by any open watercourse, drainageway, channel or stream, an easement shall be provided which substantially conforms to the lines of such features for the purpose of protection against encroachment or alteration;
(3)
Where such easement or any part thereof crosses or appears on any developed lot in the Development, the deed for said lot shall provide a restriction that shall run with the lot, which prohibits any encroachment or alteration within such easement;
(4)
Utility easements into or crossing any Open Space or protected area shall be prohibited unless approved by the Board upon the recommendation of the Department of Public Works;
(5)
Where easements have been approved entering into or crossing Open Spaces or protected areas, they shall be restored to reflect as nearly as possible the conditions existing prior to the easement. Vegetative visual buffering required by the Planning Board in such easements shall be the responsibility of the developer and shall be reflected in the Development performance guarantee;
(6)
Easements for access to parks and conservation lands abutting a proposed Development may be required by the Board. These easements shall be at a width determined by the Board to be sufficient for their purpose but will not normally exceed 20 feet in width;
(7)
The developer may be required to obtain off-site drainage easements when, in the Board's opinion, the Development will cause an increase or change in the surface water volumes or velocities, either through open channels or through culverts into or onto any abutting properties; and
(8)
Where the easement is accessible from the street, the side slope shall be no greater than four feet horizontal to one foot vertical. The first 20 feet of the easement from the back of sidewalk, or edge of Roadway, shall have a twelve-inch-deep base of gravel subbase material beneath the topsoil to support maintenance equipment.
§ 195-17.42 Signage associated with residential Uses.
A.
The residential component shall be limited to three types of sign: name of site, orientation and direction, and to identify common Building spaces. At each principal entrance to the site, only one sign identifying the name and address of the Development shall be permitted. The sign shall be limited to identifying the name and address of the Development. Signs shall be made of natural materials, or have a natural appearance, and may not be interiorly illuminated. The PAA shall require the Applicant to submit a signage master plan showing the overall design, location, size and material for all proposed signs within the Development.
B.
The following signs are prohibited in the OSGOD: roof signs, interior illuminated and ground signs (except those associated with the Development entrance).
§ 195-17.43 Signage associated with nonresidential and mixed Uses.
The PAA shall approve signage within the nonresidential and mixed-use components of the district(s) as part of the site plan review process. One sign will be permitted at the principal entrance(s) to the nonresidential portion of the property. The sign shall be limited to identifying the name and address of the Development.
A.
One sign per nonresidential Use is permitted. The attached or hanging sign shall not exceed, in total area, more than 10% of the dimensional elevation of the commercial Building as determined by the Building frontage multiplied by the floor-to-ceiling height of the individual business or as specified in applicable sections of the bylaw;
B.
For premises having multiple occupants, a single sign identifying those occupants is permitted. The total area of attached signs, including this one, shall not exceed 10% of wall area;
C.
Temporary unlighted signs inside windows, occupying not more than 20% of the area of the window, requires no sign permit;
D.
No sign shall project more than three feet over any public right-of-way. The sign shall be covered by appropriate liability insurance as determined by the Building Inspector and verified by a certificate of insurance filed with the Town Clerk;
E.
Building directories shall be located inside of the Building;
F.
Traffic control orientation and guidance signs located on private property, up to four square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like;
H.
Environmental relationship.
(1)
Overhanging signs should be used only in such circumstances as on side streets where overhanging positioning is necessary for visibility from a major street;
(2)
Sign brightness should not be excessive in relation to background lighting levels, e.g., averaging not in excess of 100 foot-lamberts and not in excess of 20 foot-lamberts in unlighted outlying areas.
I.
Building relationship.
(1)
Signs should be sized and located so as to not interrupt, obscure or hide the continuity of columns, cornices, roof eaves, sill lines or other elements of Building structure. Clutter should be avoided by not using support brackets extending above the sign or guy wires and turnbuckles.
J.
Sign master plans. Notwithstanding anything to the contrary to the language contained in §§ 195-17.42 and 195-17.43, an Applicant may, in lieu of seeking compliance with the sign provisions described, propose a master plan for signs to be permitted on the premises by the PAA. Such sign master plan shall include a listing of each sign type, square footage, location, height, color, materials, and such other information as may be requested by the PAA to confirm that the master plan, once implemented, shall consist of a single coordinated and clear plan for signage within said premises which generally conforms to the guidelines described in §§ 195-17.42 and 195-17.43, as applicable.
§ 195-17.44 Roadways.
Private Roadways shall be allowed in OSGOD.
A.
While Roadway surface widths may be narrower than widths associated with a traditional subdivision, the durability of private Roadway surfaces and subsurfaces within an OSGOD should be designed based on standard engineering principles. Waivers of the following standards may be granted when appropriate. The following criteria apply:
Roadway Criterion | Minimum | Maximum |
|---|---|---|
Minimum ROW width (feet) | 50 | 60 |
Minimum pavement width (feet) | 18 | 26 |
Minimum center line curve radius (feet) | 225 | 250 |
Minimum tangent length between reverse curves (feet) | 150 | 150 |
Minimum intersection corner curb radius (feet) | 40 | 40 |
Minimum horizontal and vertical site distance (feet) | 200 | 250 |
Center line profile grade - maximum | 8% | 7% |
Center line profile grade - minimum | 1% | 1% |
Vertical curve - minimum length (feet) | 100 | 100 |
Vertical curve: K value - crest | 30 | 30 |
Vertical curve: K value - sag 40 | 40 | 40 |
Pavement cross slope - normal crown | 3% | 3% |
Maximum superelevation | 6% | 6% |
B.
The PAA shall encourage narrow pavement widths for traveled ways when appropriate. Pavement widths for traveled ways (excluding on-street parking spaces) shall not be less than 18 feet or more than 26 feet for two-way traffic, or less than 14 feet for one-way traffic. The PAA will have discretion to waive these standards when considering public safety and circulation issues, but under no circumstance shall vehicular ways be less than 14 feet wide.
C.
Parking and vehicle access:
(1)
Provide for continuous sidewalks that are minimally broken within a block by vehicular access.
(2)
Unstructured surface parking areas facing the main street frontages are discouraged.
(3)
Parking areas shall be set back from Structures, property lines and internal ways by a minimum of 10 feet.
(4)
Multipurpose parking areas paved with unit pavers are encouraged (i.e., areas that serve both parking and public Open Space needs).
D.
All two-way traveled ways shall provide a pedestrian sidewalk of a minimum six-foot width on both sides of the Roadway. All sidewalks shall be of standard concrete or brick set in concrete and are encouraged where applicable. Minor ways may provide a pedestrian sidewalk on a minimum of one side of the Roadway. On cul-de-sac turnarounds and at intersections, vertical granite curbing shall be required. Vertical granite curb inlets with curb transition sections shall be required at the back of catch basins, on grades over 6%, and at the intersections with arterial streets.
E.
Crosswalks with handicap-accessible curb cuts shall be provided at all intersections. All crosswalks and curb cuts shall comply with the requirements of the Massachusetts Architectural Access Board (MAAB) and/or Americans with Disabilities Act (ADA) requirements.
F.
Streetscape elements shall be encouraged, including:
(1)
Sidewalks and crosswalks as noted above;
(2)
Ornamental streetlights, 16 feet maximum height on minor roads, 24 feet maximum height on major roads;
(3)
Brick, concrete or other specialty pavements at Building entrances;
(4)
Ornamental fences of less than 30 inches in height, when appropriate;
(5)
Ornamental bollards to direct pedestrian traffic and define public space.
§ 195-17.45 Storm drainage.
A.
Stormwater drainage systems shall be subject to the most recent Massachusetts laws, regulations, polices and guidelines, including but not limited to the DEP Stormwater Management Policy, as amended, as well as local bylaws.
B.
The design, construction and maintenance of stormwater systems shall be consistent with the following:
(1)
Detention/Retention basin side slopes. Basin area side slopes shall be kept as close as possible to natural land contours; i.e., 10% or less wherever possible. A maximum 3:1 side slope shall be constructed for the interior of the basin areas. For security purposes, fencing may be required by the PAA. Drainage basins shall be designed to facilitate access for maintenance vehicles and personnel;
(2)
Drainage easements. If it is necessary to carry drainage across lots within the Development, storm drainage easements shall be provided, of such width and construction as will be adequate to accommodate the volume and velocity of the run-off. However, no such easement shall be less than 30 feet in width. If a proposed drainage system would carry water across land outside the Development boundaries to an approved outfall, appropriate drainage rights shall be secured by the Applicant at the Applicant's expense, and shall be referenced on the 40R Plan;
(3)
Discharging runoff directly into rivers, streams, watercourses, or enlarging the volume, rate or further degrading the quality of existing discharges/runoff is prohibited. Runoff shall be routed through vegetated swales, using native species and other structural and nonstructural systems designed to increase time of concentration, decrease velocity, increase infiltration, allow suspended solids to settle and remove pollutants. Such systems will utilize overland flow and re-infiltration as priority techniques for the treatment of run-off;
(4)
Retention and detention ponds, and methods of overland flow may be used to retain, detain and treat the increased and accelerated runoff which the Development generates;
(5)
There shall be a minimum of two feet of naturally occurring soils between the detention basin bottom and the maximum annual groundwater table;
(6)
Water shall be released from detention ponds at a rate and in a manner approximating the natural conditions which would have occurred before development;
(7)
Intermittent watercourses such as swales shall be vegetated;
(8)
The first one inch of runoff from impervious surfaces, such as rooftops and paved surfaces, shall be treated in the site of the Development;
(9)
Runoff from parking lots and streets shall be treated to remove oil and sediments. Catch basins shall be provided with hoods; in the alternative, drainage outfalls shall discharge to low-velocity "vegetated treatment" swales;
(10)
The use of drainage facilities and vegetated buffer zones as Open Space and conservation areas shall be encouraged; and
(11)
Neighboring properties shall not be affected by flooding from excessive runoff.
§ 195-17.46 Water facilities.
A.
Installation. The Applicant shall be responsible for installing water facilities, including, but not limited to, water supply, pipes, hydrants, hydrant markers, gates, valves, and all other related appurtenances, in accordance with the regulations and master plan of the Water Department. Any extension of an existing pipe and construction of new pipes requires approval from the Water Department. Building service pipes and appurtenances from the system piping to the exterior line of the street right-of-way shall be constructed for each lot unless the Board of Health has approved individual wells. Said water facilities shall be shown on the 40R plan.
B.
Fire hydrants. Fire hydrants shall be required throughout the entire Development. Fire hydrants, with hydrant markers, shall be located not more than 500 feet apart; shall be approved, in writing, as to location by the Fire Chief and the DPW; and shall be shown on the 40R Plan.
C.
Extensions. Reasonable provisions shall be made for extension of the water system and pipes to adjoining property, including installation of water gates. Appropriate easements may be required.
§ 195-17.47 Sewers.
A.
Installation. In the event that the Town sanitary sewer system is located within an existing public way within 400 feet measured along the existing public way or proposed Roadway of the Development, the Applicant shall be responsible for connecting all lots to the sewerage system unless there are legal, design or operational considerations, in which case alternative arrangements for sewage disposal, such as through the existing on-site sewage treatment plant or other methods permitted by law, may be utilized. If applicable, connection to the system shall require an approval from the DPW, and any other required approvals, including, but not limited to approvals issued by the Greater Lawrence Sanitary District, and a permit for extension/connection of the sewer system issued by the Massachusetts Department of Environmental Protection's Division of Water Pollution Control.
§ 195-17.48 Electric and communication lines.
A.
Installation. All electrical and communications lines shall be installed underground. Communications lines shall include, but not be limited to, telephone and community antenna television cable.
B.
Electric lines. The electrical power distribution shall be installed in accordance with the specifications of the Rules and Regulations of the Department of Public Works of the Town of North Andover in effect at the time of application.
§ 195-17.49 Street signs.
Street signs shall be installed at all intersections in conformity with the specifications of the Department of Public Works. The signposts at the intersection of each street with any other street shall have affixed thereto a sign designating such street as a private way.
§ 195-17.50 Monuments.
Monuments shall be four feet long, six-inch square concrete or granite, and shall be installed at all Roadway intersections, at all points of change in direction or at curvature of Roadways, at two property corners of all new lots and at any other points where, in the opinion of the Board, permanent monuments are necessary.
A.
Monument spacing. Monuments located in the street right-of-way shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street right-of-way limits. The maximum interval shall be 1,000 feet;
B.
Monument materials. Monuments shall be standard granite markers of not less than four feet in length and not less than five inches square, and shall have a drill hole in the center. If subsoil conditions prohibit installation of four-foot monuments, with advance approval by the Board, monuments meeting alternative specifications shall be installed. Monuments shall be set flush with the finished grade; and
C.
Monument certification. No permanent monuments shall be installed until all construction which would destroy or disturb the monuments is completed. Placement and location of bounds are to be certified by a registered professional land surveyor after installation of the street, and shall be shown on the "as-built" or record plans.
§ 195-17.51 Subzone Design Standards.
A.
Residential Mixed-Use Zone.
(1)
Location: as shown on the OSGOD Map.
(2)
Building type. The Dwelling Units in the Residential Mixed-Use Zone may be situated in a single Structure or in multiple Structures.
(3)
Nonresidential Uses. If a Building containing residential Uses also includes permitted retail, restaurant, and professional services or other Uses in the Residential Mixed-Use Zone, the nonresidential Uses shall be centrally located on the ground floor of the Building in which they are contained. Notwithstanding the foregoing, nonresidential Uses are preferred, but not required, to be located in Buildings containing residential Uses, and nonresidential Uses may be located in Buildings which are separate from Buildings containing residential Uses as long as the nonresidential Use and Building are designed to complement the primary residential Use.
B.
Mixed-Use Development Zone.
(1)
Location: as shown on the OSGOD Map.
(2)
Building type. For Buildings which include a mix of residential and nonresidential Uses, the Dwelling Units in such Buildings shall be situated over the allowed nonresidential space. Buildings may also be constructed which contain either solely residential Uses or solely nonresidential Uses.
(3)
Nonresidential Uses. Nonresidential Uses are not required to be located in Buildings containing residential Uses, and nonresidential Uses may be located in Buildings which include no residential Uses.
§ 195-17.52 Pre-application concept plan.
A.
Prior to the submittal of a site plan, a "concept plan" may be submitted to help guide the development of the definitive site plan for site buildout and individual elements thereof. Such concept plan should reflect the following:
B.
The concept plan is intended to be used as a tool for both the Applicant and the PAA to ensure that the proposed Development design will be consistent with the Design Standards and other requirements of the OSGOD.
§ 195-17.53 Application submission.
An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA, along with application fees which shall be as set forth in the regulations.
§ 195-17.54 Required submittals.
The application for Plan Approval shall be accompanied by such plans and documents as may be required and set forth in the PAA's regulations. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All Building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the PAA.
§ 195-17.55 Filing.
An Applicant for Plan Approval shall file with the Town Clerk the required number of copies of the application form and the other required submittals as set forth in the regulations, and a copy of the application, including the date of filing certified by the Town Clerk, shall be filed forthwith with the PAA. An Applicant is encouraged to review the final application with the PAA or its agent to confirm application completeness prior to filing the final application with the Town Clerk and PAA.
§ 195-17.56 Circulation to other boards.
Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the Board of Selectmen, Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.
§ 195-17.57 Hearing.
The PAA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the Applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the application and site plan.
§ 195-17.58 Peer review.
The Applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application, pursuant to MGL c. 40R. Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, Town Counsel, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the Applicant.
§ 195-17.59 Waivers.
Upon the request of the Applicant, but subject to § 195-17.26 as to affordability, the Plan Approval Authority may waive dimensional and any other requirements of Article 17, including, but not limited to, the Design Standards of Part 9, in the interests of design flexibility and overall Development quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the OSGOD, or if it finds that such waiver will allow the Development to achieve the density, affordability, mix of Uses, and/or physical character allowable under this Article 17.
§ 195-17.60 Plan review.
An application for Plan Approval shall be reviewed for consistency with the purpose and intent of this article, and such plan review and shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws.
§ 195-17.61 Plan Approval.
Plan Approval shall be granted where the PAA finds that:
A.
The Applicant has submitted the required fees and information as set forth in the regulations;
B.
The Development and site plan meet the requirements and standards set forth this Article 17, or a waiver has been granted therefrom; and
C.
Any extraordinary adverse potential impacts of the Development on nearby properties have been adequately mitigated.
§ 195-17.62 Plan disapproval.
A site plan may be disapproved only where the PAA finds that:
A.
The Applicant has not submitted the required fees and information as set forth in the regulations; or
B.
The Development and site plan do not meet the requirements and standards set forth this Article 17, and a waiver has not been granted therefrom; or
C.
It is not possible to adequately mitigate significant adverse potential impacts on nearby properties by means of suitable conditions.
§ 195-17.63 Form and filing of decision.
The PAA shall issue to the Applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the Town Clerk shall make such certification on a copy of the application or notice. A copy of the decision or application bearing such certification shall be recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the Grantor Index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the Applicant.
§ 195-17.64 Minor change.
After Plan Approval, an Applicant may be apply to make minor changes involving minor utility or Building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or Building envelope of the site, or provision of Open Space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on red-lined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without need for holding a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the Applicant for filing with the Town Clerk.
§ 195-17.65 Major change.
Those changes deemed by the PAA to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to this Article 17.
§ 195-17.66 Authority; severability.
This Article 17 is promulgated pursuant to the authority of MGL c. 40R and MGL c. 40A, as applicable. If any provision of this Article 17 is found to be invalid by a court of competent jurisdiction, the remainder of Article 17 shall not be affected but shall remain in full force and effect. The invalidity of any provisions of this Article 17 shall not affect the validity of the remainder of this article.