North Andover City Zoning Code
ARTICLE 18
DOWNTOWN OVERLAY DISTRICT
§ 195-18.1 Purpose and intent.
A.
Downtown zoning is the creation of a specific zoning overlay district for the unique needs of small mixed-use commercial areas; to provide goods, services and housing in a more compact environment; to encourage redevelopment; and to create a vibrant, walkable, pedestrian- and bicycle-friendly environment. The Downtown Overlay District seeks to preserve and enhance the existing mixed uses of downtown North Andover.
B.
It is hereby declared to be the intent of the Downtown Overlay District to establish reasonable standards that permit and control mixed residential, commercial, governmental, institutional, and office uses in the Town of North Andover. Furthermore, it is the intent of this district to:
(1)
Encourage a diverse mix of residential, business, commercial, office, governmental, institutional and entertainment uses for workers, visitors, and residents.
(2)
Encourage mixed uses within the same structure.
(3)
Encourage first-floor retail space.
(4)
Encourage a pedestrian- and bicycle-friendly environment so that commercial enterprises and consumer services do not rely on automobile traffic to bring consumers into the area.
(5)
Permit uses that promote conversion of existing buildings in a manner that maintains and enhances the visual character and architectural scale of existing development within the district.
(6)
Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the district.
(7)
Allow for more compact development than may be permitted in other zoning districts to reduce the impacts of sprawl.
(8)
Encourage consolidation of curb cuts for vehicular access and promote more efficient and economical parking facilities.
(9)
Encourage uses that minimize noise and congestion.
(10)
Allow for an appropriate density of land uses and people to support a vibrant downtown.
C.
This bylaw is intended to be used in conjunction with the existing zoning and other regulations as adopted by the Town, including historic district regulations, design guidelines, and other local bylaws designed to encourage appropriate and consistent patterns of village development.
§ 195-18.2 Location and applicability.
A.
The Downtown Overlay District shall consist of the area delineated on the Town's Zoning Map, but shall include the area along Main Street from Sutton Street to Merrimac Street; Water Street from the intersection with Main Street to High Street; portions of Waverly Road, First Street and Second Street; Ellis Court; School Street; Saunders Street; and Cleveland Street. Said area is described on the Town of North Andover Zoning Map as amended.
B.
An application for the Downtown Overlay District shall be in accordance with the standards set forth in this Article 18 and shall be reviewed by the Planning Board, as special permit granting authority, or otherwise.. An application for the Downtown Overlay shall be deemed to satisfy the requirements for site plan review as described in Article 8, Part 3.
§ 195-18.3 Permitted uses.
A.
The following uses shall be permitted by right in the Downtown Overlay District:
(1)
General merchandise retail stores and salesrooms.
(2)
Specialty food stores, retail bakeries and coffees shops.
(3)
Sporting goods stores.
(4)
Craft, hobby, book and music stores.
(5)
Art galleries.
(6)
Hardware stores.
(7)
Convenience stores.
(8)
Drugstores, pharmacies.
(9)
Banks.
(10)
Professional offices.
(11)
Medical or dental offices.
(12)
Business services, such as copying and mailing services.
(13)
Travel agencies.
(14)
Municipal, civic or public service buildings, such as post offices, telephone exchanges, Town offices, schools, libraries, museums, or places of worship.
(15)
Halls, clubs, theaters, or other places of amusement or assembly.
(16)
Food services establishments such as full- or limited-service restaurants and drinking establishments.
(17)
Indoor amusements.
(18)
Bed-and-breakfast facilities or inns with six rooms or less.
(19)
Multifamily dwellings (18 or fewer units).
(20)
Mixed-use structures.
(21)
Any accessory use customarily incident to any of the above permitted uses, provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood.
(22)
All uses allowed by right in the underlying zoning districts are allowed.
B.
The following uses shall be permitted by special permit in the Downtown Overlay District:
(1)
Drive-throughs for any of the above allowed uses.
(2)
Freestanding automated teller machines (ATMs).
(3)
Day-care centers.
(4)
Bed-and-breakfast facilities or inns with more than six rooms.
(5)
Hotels or motels.
(6)
Funeral homes.
(7)
Any retail uses listed above as an allowed use that exceed a gross floor area of 25,000 square feet.
(8)
Public garages.
(9)
Multifamily dwellings (greater than 18 units).
(10)
All uses allowed in the underlying zoning district by special permit are allowed by special permit issued by the Planning Board.
§ 195-18.4 Design Guidelines.
The Downtown Overlay District is an integral commercial center; it represents an important part of the Town's heritage, and its character creates an identity for North Andover today. Compatible design helps to enhance the quality of life for all residents while strengthening the economic viability of the downtown. The Downtown Overlay District Design Guidelines seek to encourage visual harmony and historic integrity, and encourage creative design solutions. The Design Guidelines do not dictate style, but rather suggest a variety of choices for achieving design compatibility within the Downtown Overlay District. The Design Guidelines can also help to protect the property values by encouraging improvements that maintain buildings as viable assets. The Design Guidelines apply only within the Downtown Overlay District and supplement the site and design criteria provisions of this Article 18.
A.
Urban design features.
(1)
Alleys, parks or open spaces, patios, sidewalks and planting strips, outdoor seating areas for private commercial use.
(2)
Building type (for example, townhouse, storefront retail).
(3)
Signage.
B.
Architectural features for any work consisting of an increase in floor area through either the placement or construction of a new principal structure, a new accessory structure, an addition, alteration or rehabilitation to a principal or accessory structure, a conversion of one use type to another, or any new use or structure requiring a curb cut.
(1)
Building facades (new and rehabilitation and repair).
(2)
Exterior features.
(3)
Building height, setbacks and build-to lines.
(4)
Roofs and rooftop features.
(5)
Exterior materials, doors and windows.
(6)
Exterior colors.
(7)
Signage, flags and banners.
(8)
Sign design standards as applicable and consistent with Article 6 of this bylaw.
(9)
Exterior illumination.
C.
On-site and off-site improvements.
(1)
Fences and walls.
(2)
Patio, square, or plaza.
(3)
Landscaping with areas and plants noted.
(4)
Special pavement and sidewalk treatment.
(5)
Setbacks and sidewalk and utility easements.
(6)
Street and parking lot lighting.
(7)
Street furniture, trash containers, benches, news racks, kiosks.
(8)
Parking standards, including shared parking agreements.
(9)
Refuse storage and access.
(10)
Traffic circulation plan and street improvements as needed to relieve excessive congestion.
§ 195-18.5 Site and design criteria.
The site and design criteria within this Article 18 shall be applicable to all residential projects greater than three units, mixed-use and nonresidential property.
A.
Site access. New curb cuts on existing public ways shall be minimized. To the extent feasible, access to businesses shall be provided through one of the following methods: 1) through a common driveway serving adjacent lots or premises or 2) through an existing side or rear street, thus avoiding the principal thoroughfare. Garages doors or loading docks are prohibited on the front facade of any building facing the street.
(1)
Curb cuts within 200 feet of intersections are subject to site plan review.
(2)
Curb cuts greater than 30 feet and driveway openings greater than 20 feet are subject to a site plan review. Full-width curb cuts are prohibited.
B.
Parking requirements. The following criteria are included to ensure that new and renovated off-street parking areas are constructed in accordance with the downtown character and the provisions of this bylaw.
(1)
Parking areas shall be located to the side and rear of the structure. Parking areas shall be designed such that parking is prohibited within the required front yard setback.
(2)
Parking areas shall include provisions for the "parking" of bicycles in bicycle racks in locations that are safely segregated from automobile traffic and parking. For parking areas of 10 or more spaces, bicycle racks facilitating locking shall be provided to accommodate one bicycle per 20 parking spaces or fraction thereof.
(3)
Where possible, parking areas shall be interconnected in a manner that allows the unobstructed flow of pedestrians between businesses and the parking areas.
(4)
The applicant may reduce the number and/or the location of the required parking spaces as described in Article 8, Part 1, of this bylaw. Consideration may be given to the hours of usage of the proposed use/structure, hours of usage of other uses/structures within the Downtown Overlay District, amount of shared parking with other uses, as well as other relevant information to assist the granting authority in determining the need for additional parking for motor vehicles. Relief may be granted, provided that it is demonstrated that the additional demand for such spaces can be reasonably met without placing an undue burden on existing facilities already relying on such spaces under the following conditions:
(a)
Allow parking areas to be shared with adjoining businesses based upon having peak user demands at different times, provided that all businesses sharing parking are located on the same lot.
(b)
On-street parking spaces within a radius of 200 feet may be counted as part of the required parking need.
(c)
Parking spaces on a separate lot or lots within a radius of 600 feet, measured from the lot line of the principal use, may be counted.
(5)
Where such parking abuts a residential district, it shall not be located within less than five feet of the lot line, and a wall or fence of solid appearance or a tight evergreen hedge having a height of no less than five feet shall be erected and maintained between such area and the property in the residential district.
C.
Pedestrian and bicycle circulation. Provision for safe and convenient pedestrian access shall be incorporated into plans for new construction of buildings and parking areas, and should be designed in concert with landscaping plans noted below. New construction should improve pedestrian access to buildings, sidewalks and parking areas, and should be completed with consideration of safety, handicapped access and visual quality. Where appropriate, applicants are encouraged to provide pedestrian and/or bicycle paths connecting their site with abutting areas in order to promote pedestrian and bicycle circulation and safety. When parking is located in the rear, pedestrian access via a pedestrian-oriented alley or walkway through to the primary street is encouraged.
D.
Landscaping and appearance. Appropriate landscaping and design shall be incorporated into new and expanded development within the district. Landscape design plans shall be prepared by a landscape architect, although the permitting authority may accept a plan prepared by someone other than a landscape architect if it believes the plan meets the design guidelines noted below and is in concert with the intent of this regulation. Landscape plans shall show the type, size and location of all proposed plantings.
(1)
Side yards shall be screened or landscaped as follows:
(a)
Where the distance between structures on adjacent lots is 10 feet or less, the side yard shall be screened from public view by a solid fence or tight landscaping having a height of no less than five feet. A chain-link fence shall not be permitted.
(b)
Where the distance between structures is greater than 10 feet, the space shall be appropriately landscaped.
(2)
Large parking areas (e.g., greater than 20 parking spaces) shall be separated by landscaped islands of at least eight feet in width, or in the alternative shall devote at least 5% of the interior of the parking lot to landscaping. In addition, a minimum of one shade tree shall be planted for every six parking spaces required or built, within appropriate locations on the lot(s). The plan shall show the location of plantings, including use of plantings to buffer neighboring properties, and along the street frontage and pedestrian ways. Trees planted within parking areas shall be planted in protected pervious plots of at least 60 square feet of area. Parking areas shall be screened with trees or plantings at least three feet in height.
(3)
A minimum of one shade tree shall be planted for every 40 feet of street frontage or fraction thereof. Trees may be clustered and should be located between the sidewalk and the curb or in tree wells installed in the sidewalk.
(4)
Streetscapes shall be accentuated with benches, planters, and other similar amenities to encourage pedestrian use.
(5)
Any exterior lighting shall be directed downward to reduce glare onto adjacent properties.
§ 195-18.6 Intensity of use.
A.
Location and distribution of uses. The ground floor of the front facade of a commercial building or a mixed-use residential/commercial building shall be occupied by business uses only. When the rear facade faces a parking area, the ground floor shall also be occupied by business uses only, including in the rear of buildings.
B.
Height. To accomplish the purposes of this Article 18, the Planning Board is authorized to grant a special permit to allow an increase in the height of structures either in existence, as reconstructed, or as new construction, so that the total height does not exceed 45 feet or three stories within this overlay district. If any construction of a structure increases the intensity of use over what was previously in existence on the lot, the Planning Board shall allow this increase only upon a finding that the additional height is consistent with the scale of adjacent structures and is necessary to maintain the area's character. The Planning Board must further find that the relaxation of height limitations will not interfere or negatively impact abutting properties, particularly property used or zoned for single-family residential purposes.
C.
Setback. In keeping with the purpose of the Downtown Overlay District it is recognized that the areas have developed with distinct development patterns to match the traditional needs of the small lots and buildings that have made downtown unique. Building setbacks within the overlay district may allow establishment of average setbacks so that redevelopment and new development will be in keeping with the existing streetscape layout. To accomplish the purposes of this section, the Building Inspector is authorized to allow a calculation of front, side and rear setback standards for new or preexisting structures as follows:
(1)
Front, side and rear building setbacks shall be calculated as follows: The maximum front and street-side building setback may not exceed the average front yard depth of the nearest two lots on both sides of the subject lot or 10 feet, whichever is less.
(a)
If one or more of the lots required to be included in the averaging calculation is vacant, such vacant lot(s) will be deemed to have a yard depth of zero feet.
(b)
Lots fronting a street other than the subject lot or separated from the subject lot by a street or alley may not be used in the computing average.
(c)
When the subject lot is a corner lot, the average setback will be computed on the basis of the two adjacent lots that front on the same street as the subject lot.
(d)
When the subject lot abuts a corner lot fronting on the same street, the average setback will be computed on the basis of the abutting corner lot and the nearest two lots that front on the same street as the subject lot.
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(2)
The following exceptions to the maximum front and street side building setbacks apply:
(a)
A portion of the building may be set back from the maximum setback line in order to provide an articulated facade, window box, hanging sign, awning or marquee, or to accommodate a building entrance feature, provided that the total area of the space created must not exceed one square foot for every linear foot of building frontage.
(b)
A building may be set back farther than the maximum setback in order to accommodate an outdoor eating area. In order to preserve the continuity of the street wall, the building may be set back no more than 12 feet from the front or street side property line or at least 40% of the building facade must be located at the maximum setback line.
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D.
Orientation. Buildings shall be oriented parallel with the front setback line to establish and preserve a consistent building line, with primary entrances oriented toward the street. The front facade of a principal building shall face onto a public street and not towards a parking lot.
E.
Articulation. Large expanses of blank walls are prohibited. A single building with a width of more than 60 feet facing a street line or a public or municipal parking area shall be divided visually into sub-elements which, where appropriate, express the functional diversity within the building. Major articulations shall be spaced no farther apart than 25% of the building length at street level. The articulation of a facade on a building shall be continued on all sides visible from a public street or courtyard.
F.
Transparency. The intent of these transparency standards is to maintain a sense of visual continuity and provide interest for pedestrians by ensuring that the solid-to-void ratio (the percentage of glass to solid wall surface that is used on a building face) appears similar to that seen in traditional storefronts.
(1)
A minimum of 60% of the street-facing building facade between two feet and eight feet in height must be comprised of clear windows that allow views of indoor nonresidential space or product display areas.
(2)
The bottom edge of any window or product display window used to satisfy the transparency standard of Subsection F(1) above may not be more than three feet above the adjacent sidewalk.
(3)
Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lit.
G.
Doors and entrances.
(1)
Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.
(2)
Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
(3)
The main business entrance to each ground-floor business shall be accentuated by larger doors, signs, roof overhangs, hooded front door, canopy or similar means.
(4)
Where a building has a street frontage greater than 100 feet, doors must be placed an average of one door every 50 feet of frontage.
H.
Utilities. Underground utilities for new and redeveloped building may be required unless physically restricted or blocked by existing underground obstructions.
§ 195-18.7 Special permit standards and criteria.
In addition to the specific criteria regarding the grant of a special permit contained in § 195-10.7 of this bylaw, the Planning Board shall issue a special permit only after consideration of the following:
A.
Impact on the neighborhood visual character, including architectural design, views and vistas; and
B.
The degree to which the proposed use will share an access driveway and/or parking with an adjacent use and avoids new curb cuts.
§ 195-18.8 Relationship to underlying zoning.
The Downtown Overlay District is an overlay district superimposed on all underlying zoning districts. Within the Downtown Overlay District, 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 in accordance with Article 18. To the extent that there is a conflict between the provisions of the underlying zoning and the provisions of the Downtown Overlay District, the provisions of Article 18 shall govern.
§ 195-18.9 Purpose.
The purpose of Subdistrict A is to:
A.
Encourage a diverse mix of residential, business, commercial, office, governmental, institutional, entertainment and other uses for workers, visitors, and residents.
B.
Not detract from the livability and aesthetic qualities of the environment.
C.
Promote more efficient use of land while protecting natural resources, such as water resources, wetlands, floodplains, and wildlife.
D.
Permit the preservation of existing structures through conversion to new uses in a manner that maintains and enhances the visual character and architectural scale of existing development within the district.
E.
Permit an appropriate density of new development to support a vibrant, mixed-use area.
F.
Encourage first-floor retail/restaurant space.
G.
Encourage an active streetscape through mixed uses and high-quality design.
H.
Encourage a pedestrian- and bicycle-friendly environment.
I.
Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the district.
J.
Encourage consolidation of curb cuts for vehicular access and promote more efficient and economical parking facilities.
K.
Allow for more compact development than may be permitted in other zoning districts to reduce the impacts of sprawl.
§ 195-18.10 Establishment and location.
Subdistrict A. The Historic Mill Area of the Downtown Overlay District is established as a separate and independent subdistrict from the Downtown Overlay District provisions under §§ 195-18.1 through 195-18.8 of the Zoning Bylaw, and this Part 2, §§ 195-18.9 through 195-18.20, is superimposed over all underlying zoning districts established by the Zoning Bylaw now or hereafter applicable to the properties historically known as the former Davis & Furber Machine Company, and is shown as Downtown Overlay District: Subdistrict A on the Zoning Map 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.
§ 195-18.11 Boundaries.
The boundaries of the Downtown Overlay District - Subdistrict A: Historic Mill Area are shown on the Zoning Map and shall include all of the real property as identified on the FY 2014 Town of North Andover Assessor's Map: Map 54, Parcel 1; Map 53, Parcel 25; Map 68, Parcel 10; Map 68, Parcel 1; and Parcel 3, as described by deed in Book 10601, Page 340 for the former railroad right-of-way, as more particularly shown on the Zoning Map.
§ 195-18.12 Applicability and relationship to underlying zoning.
An application for a proposed project located within Subdistrict A: Historic Mill Area may either use the standards in the underlying zoning district in their entirety, or those standards contained within this Part 2 in their entirety. For those sites for which an application is filed in accordance with this Part 2, review shall be in accordance with the standards set forth in this Part 2 by the Planning Board, as special permit granting authority, or otherwise. If an applicant elects to file an application for a project in accordance with the requirements of this Part 2, then to the extent that there is any conflict between the provisions set forth in this Part 2 and any other provisions of the Zoning Bylaw, the terms of this Part 2 shall govern.
§ 195-18.13 Permitted uses.
The following uses are permitted, as more specifically described below:
A.
The following uses shall be permitted by right in Subdistrict A:
(1)
Detached one- or two-family residential structures;
(2)
Multifamily dwellings, up to six dwelling units;
(3)
Townhouses;
(4)
Mixed-use structures (for permitted uses);
(5)
Retail sales establishments, excluding automobile service stations, car washes, body shops, automobile repair shops, or sales of motor vehicles, of no more than 15,000 square feet of floor area;
(6)
Restaurants, cafes, or other establishments serving food and/or beverages, establishments of no more than 15,000 square feet of floor area;
(7)
Business offices [a primary use consisting of office activities of any type, including business and financial office activities (including banks and financial institutions) and professional office activities, excluding automobile service stations, car washes, body shops, or automobile repair shops];
(8)
Professional offices (a primary use consisting of office activities by a doctor, dentist, architect, lawyer, engineer or other professional person or persons);
(9)
Day-care centers;
(10)
Halls, clubs, theaters, or other places of assembly, establishments of no more than 15,000 square feet of floor area;
(11)
Places of recreation;
(12)
Veterinary hospitals;
(13)
Research and development facilities;
(14)
Light manufacturing, including fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise, craft brewing or food processing, provided such uses are conducted solely within a building;
(15)
Printing and reproduction;
(16)
Educational uses exempt from zoning prohibition by MGL c. 40A, § 3;
(17)
Religious uses exempt from zoning prohibition by MGL c. 40A, § 3;
(18)
Art galleries or museums;
(19)
Public buildings or uses and public service corporations.
(20)
Personal service establishments.
[Added 6-17-2021 ATM by Art. 29]
B.
The following uses shall be permitted by special permit by the Planning Board in Subdistrict A:
(1)
Multifamily dwellings, seven or more units;
(2)
Mixed-use structures for uses allowed by special permit;
(3)
Independent elderly housing, congregate housing, assisted living, nursing care facilities;
(4)
Retail sales, establishments, excluding automobile service stations, car washes, body shops, automobile repair shops, or sales of motor vehicles, of more than 15,000 square feet of floor area;
(5)
Restaurants, cafes, or other establishments serving food and/or beverages, establishments of more than 15,000 square feet of floor area;
(6)
Halls, clubs, theaters, or other places of assembly, establishments of more than 15,000 square feet of floor area;
(7)
Hotels or motels;
(8)
Hospitals;
(9)
Warehousing and wholesaling;
(10)
Pet day care or boarding;
(11)
Any drive-through facility accessory to an above use;
(12)
Freestanding automated teller machines;
(13)
Photovoltaic power generation systems;
(14)
Public garages;
(15)
Any accessory use customarily incident to any of the above permitted uses, provided that such use shall not be noxious or dangerous to the neighborhood.
§ 195-18.14 Other uses.
All other uses are hereby expressly prohibited; except uses which are substantially similar in character to the permitted uses enumerated above, as determined by the Planning Board, shall be treated as requiring a special permit to be issued by the Planning Board.
§ 195-18.15 Design guidelines.
Redevelopment and new construction within the overlay district shall be designed in a fashion to achieve one or more of the purposes of Subdistrict A described in § 195-18.9. The following guidelines are intended to aid the Planning Board in its review of projects during both the master plan and definitive plan review stages as described under § 195-18.20, and are intended to be flexible guidelines and not rigid standards which the Planning Board may consider:
A.
Where appropriate, new buildings should be oriented to face the public way, set close to the sidewalk, with parking located to the side or behind the buildings rather than between the building and the street.
B.
Buildings shall be oriented to encourage convenient pedestrian and bicyclist access and public activity in visible areas.
C.
Large blank walls should be avoided. New buildings should be divided visually into sub-elements, where appropriate, to express the functional diversity within the building; similarly, commercial ground floors of new buildings should emphasize transparency similar to traditional storefronts or the existing mill buildings.
D.
New curb cuts on existing public ways shall be minimized.
E.
Where possible, it is preferable to have underground utilities for new and redeveloped buildings.
F.
Where possible, historic features of historic buildings shall be preserved.
G.
Signage and lighting shall be sufficient and consistent with the proposed use.
H.
New development shall transition in height, density, scale, intensity, and use from the existing mill buildings to the surrounding neighborhoods abutting the Subdistrict A.
§ 195-18.16 Dimensional and density standards.
A.
Setbacks.
(1)
Existing buildings and structures. In keeping with the purpose of Subdistrict A it is recognized that the existing buildings have been developed with distinct development patterns to match the traditional needs of the lots and buildings that have made the Historic Mill Area unique. Building setbacks within Subdistrict A for buildings and structures in existence as of the date of adoption of this Part 2 shall include a minimum front yard setback, side yard setback, and rear yard setback of zero.
(2)
New buildings and structures, additions to existing buildings and structures. New buildings and structures, as well as additions to those buildings and structures existing as of the date of adoption of this Part 2, shall be subject to the following minimum dimensional requirements:
(a)
A thirty-five-foot setback of a new building from the Subdistrict A boundary is required when the Subdistrict A lot line abuts a residential zoning district located outside Subdistrict A, subject to Subsection B below. The first 15 feet of the setback abutting the residential zoning district shall remain open and green, be suitably landscaped, un-built upon, unpaved, and not parked upon.
(b)
A twenty-foot setback is required from any side or rear lot line for all newly constructed buildings, where not abutting a residential zoning district located outside Subdistrict A, subject to Subsection B below.
(c)
With regard to additions to those buildings and structures existing as of the date of adoption of this Part 2, only the new portions of such additions shall be subject to the setback requirements under Subsection A(2).
B.
Building height.
(1)
Existing buildings and structures. The building height of buildings and structures in existence as of the date of adoption of this Part 2 shall be deemed to be compliant with building height requirements under this Zoning Bylaw. Any increase in building height for existing buildings and structures in existence as of the date of adoption of this Part 2 shall require a special permit issued by the Planning Board.
(2)
New buildings and structures; additions to existing buildings and structures.
(a)
New buildings and structures, as well as additions to buildings and structures in existence on or before the date of adoption of this Part 2, shall be limited to 55 feet in building height by right where located within the underlying I-S District, or within 100 feet of the underlying I-S Zoning District boundary by special permit; and where such buildings or structures are not located within the underlying I-S District or within 100 feet of the underlying I-S Zoning District boundary, the height limit shall be 35 feet by right, and such building or structure having a building height in excess of 35 feet, but not more than 55 feet, shall be permitted only by special permit.
(b)
Notwithstanding anything to the contrary in this Part 2, new buildings or structures, as well as additions to buildings and structures constructed after the date of the adoption of this Part 2, may be allowed between 55 feet and 70 feet in building height by special permit issued by the Planning Board, provided that a portion of such structure's occupiable space is located within 50 feet of a structure existing on or before the adoption of this Part 2, and that no part of such structure is located more than 200 feet from such an existing structure.
C.
Floor area ratio. A maximum floor area ratio of 1.0 shall be permitted by right. By special permit, the Planning Board may permit an FAR of up to 2.0, where it can be shown to be consistent with the purposes of § 195-18.9. For the purposes of calculating FAR, the lot area shall be the sum of all parcels included as part of a master plan per § 195-18.20 and located within the overlay; parcels included may be separated by public rights-of-way or other privately held land, and are not required to be held in common ownership.
D.
Extension, alteration and reconstruction of existing buildings and structures. Notwithstanding any provisions of this Zoning Bylaw to the contrary, buildings and structures existing as of the date of adoption of this Part 2 may be extended or altered or reconstructed, provided that no such extension or alteration or reconstruction shall be permitted unless there is a finding by the Planning Board, as the special permit granting authority, that such change, extension or alteration or reconstruction shall not be substantially more detrimental than the existing structure to the neighborhood and shall be consistent with the purposes of this Part 2.
§ 195-18.17 Site design guidelines.
To encourage good site design, the Planning Board shall encourage the use of the following site design and architectural features, where appropriate, in reviewing an application:
A.
Urban design features.
(1)
Alleys, parks or open spaces, patios, sidewalks and planting strips, outdoor seating areas for private commercial use.
(2)
Building type (for example, townhouse, storefront retail).
(3)
Signage.
B.
Architectural features for any work consisting of an increase in floor area through either the placement or construction of a new principal structure, a new accessory structure, an addition, alteration or rehabilitation to a principal or accessory structure, a conversion of one use type to another, or any new use or structure requiring a curb cut:
(1)
Building facades (new and rehabilitation and repair).
(2)
Exterior features.
(3)
Building height, setbacks and build-to lines.
(4)
Exterior materials, doors and windows.
(5)
Exterior colors.
(6)
Signage, flags and banners.
(7)
Sign design standards as applicable and consistent with Article 6 of this bylaw.
(8)
Exterior illumination.
C.
On-site and off-site improvements.
(1)
Fences and walls.
(2)
Patio, square, or plaza.
(3)
Landscaping, with areas and plants noted.
(4)
Special pavement and sidewalk treatment.
(5)
Setbacks and sidewalk and utility easements.
(6)
Street and parking lot lighting.
(7)
Street furniture, trash containers, benches, news racks, kiosks.
(8)
Parking standards, including shared parking agreements.
(9)
Refuse storage and access.
(10)
Traffic circulation plan and street improvements as needed to relieve excessive congestion.
§ 195-18.18 Site and design standards.
The site and design criteria within this section shall be applicable to all residential projects greater than six units, mixed-use and nonresidential property.
A.
Site access.
(1)
Curb cuts within 200 feet of intersections shall be minimized.
(2)
Curb cuts greater than 30 feet and driveway openings greater than 20 feet shall be minimized. Full-width curb cuts are prohibited.
B.
Parking.
(1)
Existing and proposed structures and uses within the overlay shall provide adequate off-street parking for activities within the development in accordance with the standards described in Article 8, Part 1. The Planning Board may waive any requirements of Article 8, Part 1, including, but not limited to, required ratios, design standards, or location where it can be shown to further the purpose of this section in accordance with the review procedures of this § 195-18.18. Street parking within 100 yards of a parcel shall be deemed included in the parking count for the property. In addition, leased or owned parking within 400 yards of the property line may be used to meet the parking requirement by special permit.
(2)
As part of its review of the master plan and subsequent definitive plan(s), the Planning Board shall review proposed parking ratios, locations, and design standards to ensure that adequate parking is provided and that the purposes of § 195-18.9 and the guidelines of § 195-18.15 are being satisfied. In making this determination, the Planning Board shall consider opportunities for shared parking for visitors to multiple uses on site, uses operating at different times of the day or week, and the presence of public on-street parking.
C.
Bicycle accommodation. Bicycle parking shall be provided in safe locations, and conveniently accessible to entries and/or sidewalks. An appropriate number of spaces shall be determined as part of master plan and subsequent definitive plan review.
D.
Pedestrian accommodation. Parking, sidewalks, and landscaping areas shall provide for safe and convenient pedestrian circulation through the site, to buildings, parking areas, and public ways.
E.
Landscaping and appearance. Redeveloped or newly developed areas of the site shall be landscaped in an attractive way that enhances the character of the development as a downtown, mixed-use neighborhood.
(1)
Any required setback from a residential property, per § 195-18.16A(1) shall be screened by a solid fence or tight landscaping having a height of no less than five feet unless such screening would interfere with sight distance. A chain-link fence shall not be permitted.
(2)
New parking areas with more than 20 parking spaces shall devote at least 5% of the interior of parking area to landscaping. In addition, a minimum of one shade tree shall be planted for every six parking spaces built. In the event planting trees would not be practical amid the parking area, planting of shade trees elsewhere on the property shall satisfy this requirement.
(3)
A minimum of one shade tree shall be planted for every 40 feet of street frontage or fraction thereof in appropriate locations.
(4)
Where appropriate, benches, planters, outdoor seating, and other amenities shall be installed to encourage pedestrian use.
F.
Waiver. The preceding provisions under this § 195-18.18 may by waived as a part of a Subdistrict A special permit issued by the Planning Board where such waiver furthers one or more of the purposes of § 195-18.9.
G.
Noise. As a mixed-use center containing office, retail, and light industrial uses among others, it is acknowledged that tenants, as well as mechanical systems, may emit noise. All development shall comply with applicable state air pollution control regulations and policies in connection with sound levels.
H.
Light. The site shall be adequately lit to provide for safety and visibility. Lighting instruments shall be oriented or shielded such that they do not have spillover of greater than one footcandle onto abutting properties or interfere with public ways.
§ 195-18.19 Sign master plan.
Notwithstanding anything to the contrary in this bylaw, and as part of definitive plan review, the Planning Board may approve a comprehensive signage master plan for the project which, if approved by the Planning Board, may allow for signage which deviates from the specific sign requirements of the Zoning Bylaw, including § 195-6.6, provided that such signage would, in the opinion of the Planning Board, be consistent with the general purpose and intent of § 195-18.9. The signage master plan proposal should show proposed sizes, locations, and general design approach for signs, banners, awnings, etc. in such detail as the Planning Board may deem reasonably necessary to make a decision to approve such master plan. Following approval of a signage master plan as part of any definitive plan, signs may be installed, removed, and replaced with the approval of the Building Inspector, provided that such signage conforms to the signage plan approved in the definitive plan decision.
§ 195-18.20 Plan review and approval process.
The review and approval process for an application for approval of a project under this Part 2 shall be governed by the following review procedures:
A.
Uses which are permitted by right are allowed within buildings and structures in existence as of the date of adoption of this Part 2 subject to the building code and other applicable Town bylaws and regulations.
B.
Approval of a use requiring a special permit, and/or approval of a new structure or expansion of an existing structure, shall require a special permit, subject to the following procedure.
C.
Pre-application conference.
(1)
Prior to the submission of preliminary master plan or definitive plan under Subdistrict A, the applicant, at its option, may confer with the Planning Board and Town planning staff to obtain information and guidance before beginning the formal application process.
(2)
As a part of the pre-application conference, the Planning Board may agree to waive the preliminary master plan process described in Subsection D below and proceed directly with the filing of a definitive plan if it deems that the submission of a master plan is unnecessary, due to the minor nature of the proposal.
D.
Submission and approval of preliminary master plan.
(1)
The applicant shall file, if not waived by the Planning Board as provided above, a preliminary master plan accompanied by an application for preliminary master plan review with the Planning Board, and the Board shall schedule a meeting at a regularly scheduled Board meeting which shall be noticed in accordance with MGL c. 40A, § 11. A copy of the preliminary master plan and the above form shall also be filed in the office of the Town Clerk. The Planning Board shall review and determine whether the proposed project is consistent with the objectives articulated under § 195-18.9 within 60 days of receipt of the plan by the Town Clerk. In approving a master plan, the Planning Board may suggest modifications and changes in anticipation of the filing of the definitive plan(s).
(2)
A preliminary master plan shall include the following components:
(a)
A locus plan, showing the names of abutters, land uses, and location and width of all adjacent streets.
(b)
An existing site plan, showing existing buildings or structures, parking and circulation areas, open space, landscaping and topography, easements, public areas within or next to the development, and lot boundaries and areas.
(c)
A proposed conceptual site plan showing, in a general manner, all proposed buildings or structures, parking and circulation areas, open space, landscaping and topography, easements, public areas within or next to the development, proposed lot boundaries and areas, and the proposed system of drainage, including adjacent existing natural waterways.
(d)
A narrative including: a description of the overall concept for the master plan, including general building locations, site improvements, and land uses, and demonstrating how the plan conforms to the purpose of this Part 2; a description of the natural features of the site, including wetlands, floodplains, slopes over 12%, soil conditions, and other features requested by the Planning Board; and a description of the neighborhood in which the tract lies, including environment, traffic, utilities, and other public facilities and the general impact of the proposed master plan upon the Town.
E.
Submission and approval of definitive plan. Following approval of a preliminary master plan, the expiration of the sixty-day period above without Planning Board action on the preliminary master plan, or waiver of the same as provided above, the applicant shall file a definitive plan accompanied by an application for definitive plan review prior to an application for a building permit. Review of a definitive plan shall follow the procedures of Subsection I and MGL c. 40A, § 9. An application for definitive plan approval shall include the following components unless waived by the Planning Board:
(1)
A locus plan showing the names of abutters, land uses, and location and width of all adjacent streets.
(2)
Landscape plans showing proposed plantings.
(3)
Engineered drawings showing proposed utilities, stormwater management, vehicular circulation, parking, and other requirements as appropriate.
(4)
Proposed sign master plan, as described in § 195-18.19.
(5)
A narrative describing how the proposed building(s), anticipated land uses, site design, parking, circulation, landscaping and other features conform to the Master Plan special permit and the purpose of this Part 2.
(6)
It shall be drawn at a scale of one inch equals 40 feet unless another scale is requested and found suitable by the Planning Board.
(7)
The plan shall be prepared by a land surveyor, professional engineer, or architect.
(8)
The scale, date, and North arrow shall be shown.
(9)
The plan shall be certified by the land surveyor doing the boundary survey and the professional engineer or architect on the location of the buildings, setbacks, and all other required dimensions, elevations, and measurements and shall be signed under the penalties of perjury.
(10)
The corner points of the lot and change of direction of lines shall be marked by stone monuments, cut in stone, stake and nail, iron pin, or other marker and shall be so marked.
(11)
Lot number, dimensions of lot in feet, size of lot in square feet, and width of abutting streets and ways.
(12)
Easements within the lot and abutting thereon.
(13)
The location of existing or proposed buildings on the lot.
(14)
The location of existing wetlands, water bodies, wells, one-hundred-year floodplain elevation and other natural features requested by the Planning Board.
(15)
The dimensions of the existing and proposed buildings in feet.
(16)
The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot.
(17)
Percent of lot coverage.
(18)
Average finished grade of each proposed building.
(19)
The elevation above average finished grade of the floor and ceiling of the lowest floor of each proposed building.
(20)
Existing and proposed topographical lines at two-foot intervals.
(21)
Height of all proposed buildings, above average finished grade of abutting streets.
F.
Phasing. In the event of phased development of an approved master plan, the applicant may divide the proposed development described in the master plan into several phases which shall be reviewed either through a single combined definitive plan, or through a series of separate definitive plans that address the proposed area of work.
G.
Consolidation of review. An application for approval under this Part 2 is also intended to consolidate review and approval under other applicable provisions of this Zoning Bylaw as a single special permit review process with a single special permit issued by the Planning Board. To this end, if an application for approval under this Part 2 also triggers review under Article 8, Part 1 (Parking) and/or Part 3 (Site Plan Approval) and/or § 195-6.6 (signs), the Planning Board shall consolidate its review such that an application filed under this Part 2 for a Subdistrict A special permit shall be deemed to satisfy the requirements under Article 8, Parts 1 and 3, and § 195-6.6, and the applicant shall also use the standards under said Article 8, Parts 1 and 3, and § 195-6.6 as guidance and without the need to file for separate zoning relief under said sections, and the conditions and requirements under Article 8, Parts 1 and 3, and/or § 195-6.6 shall be incorporated into the Subdistrict A special permit review and approval process.
H.
Peer review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the definitive plan approval application. 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.
I.
Procedures.
(1)
The Subdistrict A definitive master plan approved by the Planning Board under this Part 2 becomes the official development plan for a site for which an application for Subdistrict A definitive master plan special permit is filed. Town permits shall be issued or withheld based upon compliance with the approved definitive master plan. The approved definitive master plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection J, Revisions to approved definitive master plans.
(2)
A definitive master plan approval is by special permit issued by the Planning Board, as special permit granting authority, and shall be noticed in accordance with MGL c. 40A, §§ 9 and 11.
(3)
An applicant for a Subdistrict A definitive master plan special permit shall file with the Planning Department an application form, fee, the definitive master plan, and any additional information as may be required as described herein or as provided in regulations and/or instructions of the Planning Board. Once the application is deemed complete, the Planning Department will forward one copy of the application to the Town Clerk. An application will not be deemed complete until all required information and fees are submitted. The time periods set forth in this Zoning Bylaw and MGL c. 40A will not start until the application has been deemed complete and submitted to the Town Clerk. The application shall also be subject to the procedures and requirements for special permits under § 195-10.7 of the Zoning Bylaw.
(4)
The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any definitive master plan or technical review requested by the Board.
J.
Revisions to approved definitive master plans.
(1)
Any revisions to a development that has secured Subdistrict A definitive master plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three copies of the revised plan and the revisions placed on the plan fall into the following categories:
(a)
A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town bylaws are violated by the change;
(b)
A change in the proposed landscaping plan which does not violate any Town bylaw;
(c)
A change of egress and ingress, provided the same is in compliance with Town bylaws and the requirements of the commonwealth; or
(d)
Such other adjustments deemed minor by the Town Planner with consent by the Planning Board.
(2)
The revisions cited above may be completed without further approval by the Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection, and that the proposed revisions are in fact substantial and call for a materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site improvements to be constructed and shown in the approved definitive master plan.
(3)
If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board for approval in accordance with the provisions of this section.
K.
Standards for approval of special permit. In addition to satisfying the specific criteria for the grant of a special permit contained in § 195-10.7A of this bylaw, and under MGL c. 40A, § 9, the Planning Board shall issue a special permit only after consideration of the following factors:
(1)
Compliance with the criteria established under this Part 2 unless otherwise waived;
(2)
Impact on the neighborhood visual character, including architectural design, views and vistas; and
(3)
The project meets one or more of the purposes established under § 195-18.9.