Control the design of commercial and residential redevelopment along Routes 114 and 125 in such a manner that encourages sound site planning, appropriate land use, and economic redevelopment and to promote public health, safety, and welfare;

Encourage production of a variety of housing sizes and typologies to provide equal access to new housing throughout the community for people with a variety of needs and income levels;

Locate housing within walking distance of public transit to promote general public health, reduce the number of vehicular miles travelled, and support economic development, and meet community based environmental goals, including reducing greenhouse gases and improving air quality;

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

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

Preserve Open Space by locating new housing within or adjacent to existing developed areas and infrastructure;

Support public investment in public transit and pedestrian- and bike-friendly infrastructure;

Minimize visual and functional conflicts between residential and nonresidential Uses within the Overlay District;

Allow for a mix of Uses within a single Structure and first-floor commercial spaces, so long as any mixed-use proposal involves the development of townhouse(s) and/or multi-family residential homes;

Accommodate a compatible mixture of townhouse(s) and/or multifamily residential homes with other allowable Uses which together complement existing adjoining commercial and residential Uses within the Route 114/125 transportation corridor;

Implement requirements as an MBTA Community whereby the Town is identified as an Adjacent Community pursuant to the Compliance Guidelines, and in a manner consistent with the Town of North Andover's Action Plan for MBTA Communities, all as required under Section 3A of MGL c. 40A;

Improve the gateway experience into North Andover along Routes 114 and 125; and

Allow flexibility under Development Project Plan Approval in the development of tracts of land in accordance with the goals and objectives in the Town of North Andover Master Plan.

The Overlay District contains two Subdistricts, each hereby established and all in the locations shown on the MBTA Multi-Family Housing Overlay District Map, including: i) Subdistrict 1 North Andover Mall, containing approximately 34.65 acres and ii) Subdistrict 2 Osgood Landing, containing approximately 57.68 acres, all as depicted on the Zoning Map.

The purpose of Subdistrict 1 and Subdistrict 2 is to: i) allow Development Projects which increase the efficiency of land use on land which is substantially developed area; ii) to allow Development Projects which may include townhouse(s) and/or multifamily residential homes; or a mixture of allowable housing with complementary land uses such as, retail, offices, commercial services, and civic Uses; iii) promote a diversity of housing types, emphasize and encourage pedestrian and bicycle circulation; and iv) appropriately transitioning from commercial and residential properties abutting the Overlay District.

Overview. A Development Project proposed pursuant to this Article 19 shall be submitted for Development Project Plan Review along with a Development Project Plan consistent with the provisions of Article 19, MBTA Multi-Family Housing Overlay District.

The following Uses are permitted, as more specifically described below.

As-of-right project. The following Uses shall be permitted as-of-right in Subdistrict 1 and Subdistrict 2 upon issuance of a Development Project Plan Approval pursuant to the provisions of this Article 19. An As-Of-Right Project shall include a Townhouse Residential Use and/or a Multifamily Residential Use; and may or may not include one or more of the following allowable nonresidential uses:

Uses by special permit. Applications for special permits for Article 19 and all other necessary special permits shall be submitted and reviewed concurrently with the Development Project Plan. The following Uses may be allowed in the Overlay District by granting of a special permit pursuant to Article 8, Part 3, and § 195-10.7 of the Zoning Bylaw, so long as each proposed development project contains at least one permitted residential Use (townhouse(s) and/or multifamily residential homes), and one or more of the following:

Developments requiring Development Project Plan Review and Development Project Plan Approval in accordance with Article 19 are subject to Article 8, Supplementary Regulations, Part 13, Inclusionary Housing Requirement, of the North Andover Zoning Bylaw, except for the requirements for granting of a special permit. Compliance with inclusionary zoning requirements will be reviewed during Development Project Plan Review.

If EOHLC determines in writing that the Town has not shown the requirement for 15% of the total housing units in the development subject to the Inclusionary Housing Requirement bylaw to be economically feasible, at least 10% of the dwelling units in any Development Project, or an alternatively higher percentage that EOHLC determines to be economically feasible, shall be Affordable Housing Units compliant with Article 8, Supplementary Regulations, Part 13, Inclusionary Housing Requirement, of the North Andover Zoning Bylaw, except for the requirements for granting of a special permit.

Any Development Project component for which a special permit is required to be issued by the PAA, as Special Permit Granting Authority pursuant to MGL c. 40A, § 9, shall only be issued in accordance with the requirements of this § 195-19.15.

The PAA may grant a special permit within the framework of this Article 19 only after holding a public hearing, which must be held within 65 days after the Applicant files for such special permit. 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 PAA shall not approve any such application for a special permit unless it finds that in its judgment all the following conditions are met:

In approving a special permit, the Plan Approval Authority may attach conditions and safeguards only to the portion of the Development Project requiring a special permit as are deemed necessary to protect the neighborhood, such as, but not limited to, the following:

Special permits 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 was granted unless substantial use or construction has commenced (in the case of a phased Development Project, this includes the substantial use or commencement of construction any phase of the Development Project). 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 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.

The Plan Approval Authority shall also apply the same dimensional, design and other criteria described in Parts 6 through 7 of this Article 19 as applied to As-of-Right Projects unless otherwise waived as provided therein.

Within 90 days following the date of the close of the public hearing, the Plan Approval Authority shall take final action in the matter in order to issue a special permit provided for in this Article 19 in accordance with the provisions of MGL c. 40A.

Filing of decision; appeal.

At the discretion of the PAA, an Applicant seeking approval of a Development Project including both As-of-Right Projects as well as Uses requiring a special permit may combine such applications for Development Project Plan Review and a special permit(s) into a single application, and the PAA may combine both hearings and issue a single decision on such a combined Development Project, provided that all requirements for the As-of-Right Project are complied with in accordance with this Article 19, and with respect to Uses allowed by special permit, are complied with in accordance with MGL c. 40A.

Provide for a Landscaped Buffer of Buildings and Structures to residential Districts adjacent to the Overlay District. Such buffering may include, but is not limited to: Landscaping, screening materials, natural barriers, fencing, and related measures;

Dwelling Units may be situated in a single Structure or in multiple Structures;

Nonresidential Uses are preferred, but not required, to be located in Buildings containing residential uses as long as the nonresidential Use and Building are designed to complement the primary residential use;

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;

Development Projects shall appropriately screen rooftop equipment to minimize visual impacts;

Orient Buildings to any adjacent usable Open Space, with access to the Building opening onto or accessible to the usable Open Space;

Provide street trees with tree grates or in planter strips, using appropriate species to provide summer shade. Species should be native, resistant to salt and drought, and be tolerant of urban conditions;

Orient Structures to provide pedestrian entrances to any adjoining sidewalks;

Locate trash collection and dumpster locations in appropriate locations, screened to avoid adverse impacts on neighboring properties to the Overlay District. Within a Development Project, the containment of all solid waste storage and handling within the Building(s) of the Development Project is encouraged; and

Locate any loading docks or areas associated with the Development Project to minimize (visual and operational) impacts on the site and on neighboring properties to the Overlay District.

Create Open Space parks within the Development Project which are programmed to encourage outdoor use, with benches, street furniture and pedestrian scale lighting which is Dark Sky compliant;

Enhance existing wetland values within the Overlay District, including preservation or restoration of buffer zones wherever possible;

Use landscape materials that are native, sustainable, requiring minimal irrigation or fertilizer;

Encourage alternative and green paving materials to minimize stormwater run-off; and

Encourage the location of Open Space areas which are appropriate for outdoor use, with dense screening of Open Space areas to buffer such areas from visual and noise impact.

Avoid unbroken Building facades longer than 100 feet. Buildings shall not be longer than 280 feet in length, unless waived by the PAA. In approving Building lengths that exceed 280 feet, the PAA must find that pedestrian circulation is enhanced by the provision of archways, passageways, or other similar throughways;

Foster integration of Uses in mixed-use Buildings where appropriate, so long as the overall project includes townhouse(s) and/or multifamily residential homes;

Provide a variety of Building Heights and varied roofline articulation for Buildings and Structures within the Overlay District; and

Orient Buildings on corners to the corner and public street fronts, where practical. Parking and automobile access shall be located away from the corners, where practical.

Architecture should demonstrate the cohesive planning of the development and present a clearly identifiable design feature throughout. It is not intended that buildings be totally uniform in appearance or that designers and developers be restricted in their creativity, rather:

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.

New Buildings. The design of new Buildings shall incorporate one or more of the following architectural features such as:

Pedestrian Open Spaces and entrances.

Commercial uses shall be designed and operated, and hours of operation limited where appropriate, to minimize impacts on adjoining residential uses from traffic or late-night activity.

Low-impact development for stormwater design. Low-impact development relies on natural features (indigenous to the site or bio-designed) to protect water quality and encourage on-site infiltration of stormwater. Such measures may include use of natural drainage flow paths, minimization of the creation of impervious surfaces (through building clustering, minimizing size and footprint of buildings and paved areas, use of pervious surfaces where practical).

Energy efficiency and clean energy usage. Use of energy-efficient appliances and HVAC systems is desired. All-electric buildings, with no fossil-fuel usage, and the use of more sustainable forms or energy production, such as geothermal and solar, are encouraged.

Energy-efficient building design. The building envelope and components (building framing, insulation, windows, HVAC systems) should be designed to maximize energy conservation.

Building layout. The arrangement of building on the site and the accompanying infrastructure minimizes impervious surface area and minimizes contiguous open space for both residents and wildlife.

Ways to minimize greenhouse gas emissions. Maintaining or proposing new vegetation to maximize carbon sequestration on site. Selection of HVAC systems and appliances to encourage use of renewable energy sources. Construction design to minimize emissions from construction vehicles.

Other green building, energy efficiency, sustainability measures. The applicant may propose other measures that fit within the broad rubric of sustainable site planning, design, and construction.

Native trees and shrubs as listed by the Massachusetts Natural Heritage & Endangered Species Program, Massachusetts Division of Fisheries and Wildlife;

Provide hedges or continuous shrubs to screen parking areas from streets, where practical;

Landscape screening shall consist of planting, including evergreens, the plantings to be of such height, depth as needed to sufficiently screen from view of abutting residential areas any unshielded light source, either inside or outside;

All Buildings shall have foundation Landscaping, where practical;

All islands and landscape areas shall be of a minimum width and size to support healthy plant growth;

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;

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 Overlay District, or every 40 feet where trees are adjacent to parallel parking;

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;

Preservation of existing vegetation or tree-lined areas shall be maintained where possible; and

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 Protection (DEP) stormwater best management practices and other measures to minimize runoff and improve water quality shall be implemented.

All lighting used to illuminate residential and commercial parking lots, 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;

All outdoor lighting shall be designed so as not to adversely impact surrounding uses and residential properties, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness;

Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness;

Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce direct light spillover beyond the Overlay District boundaries except for purposes of public safety, and shall be directed toward the object or area to be illuminated. Light shall be directed away from residences;

Lighting of the Overlay District shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties, except as may be necessary for public safety purposes;

Lighting in display windows to illuminate the sidewalk is recommended;

Architectural lighting to complement the architecture of the Structure, including transparent windows allowing views into and out of the Structure;

Fixtures that produce glare or that spill light to adjoining sites are prohibited; and

Installation of pedestrian light fixtures as part of a Development Project's sidewalk improvements is strongly encouraged.

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 where the edge of the lot abuts a property adjacent to the Overlay District:

For all off-street parking areas of 18 or more spaces the following criteria shall also apply:

A Development Project Plan should maximize pedestrian transit-oriented development. Specifically, they should use "traffic-calming" techniques liberally; provide networks for pedestrians as good as the networks for motorists; provide pedestrians and bicycles with shortcuts as alternatives to travel along high-volume streets within the Overlay District; provide long-term, covered bicycle parking areas; incorporate transit-oriented design features; and establish travel demand management programs at employment centers;

Pedestrian-oriented features such as walkways, pergolas, outdoor sitting plazas, landscaped Open Space, drop-off areas, and recreational facilities shall be encouraged in the development of the Development Project Plan, and bike racks shall be provided in appropriate locations throughout the Overlay District; and

Tree-lined or otherwise appropriately landscaped pedestrian paths and walkways shall link together areas designated as Open Space within the Overlay District, and wherever possible, to adjoining public areas.

Signs for the residential components of the Development Project Plan shall be limited to three types of signs: name of residential project, orientation and direction, and identification of common Building spaces. At each principal entrance to the residential Development Project, only one sign identifying only the name and address of the Development Project shall be permitted. 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 Project.

The following signs are prohibited in the Overlay District: roof signs, interiorly illuminated and ground signs (except those associated with the Development Project entrance).

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 Zoning Bylaw;

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;

Temporary unlighted signs inside windows, occupying not more than 20% of the area of the window, requires no sign permit;

Building directories shall be located inside of the Building;

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, restrooms, freight entrances and the like;

Design standards for signs.

Environmental relationship.

Building relationship. 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.

Sign master plans. Notwithstanding anything to the contrary to the language contained in §§ 195-19.27 and 195-19.28, an Applicant may, in lieu of seeking compliance with the sign provisions described, propose a master signage plan to be permitted within the Overlay District by the PAA. All new signage in the Overlay District shall be in compliance with such master signage plan approved by the PAA. At its option, the Applicant shall submit, as part of its initial Development Project Plan Review filing, a master signage plan for approval by the Planning Board establishing allowances, requirements, and limitations for all new signage within the Overlay District. The master signage plan, as may be updated and revised with the approval of the Planning Board, shall, with respect to both existing and future signs, specify all applicable sign types, dimensions, locations, materials, quantities and other as may be requested by the PAA in the course of Development Project Plan Review to confirm that the master signage plan, once implemented, consists of a single coordinated and clear plan for signage within the Overlay District which generally conforms to the guidelines described in §§ 195-19.27 and 195-19.28 as applicable. Upon approval by the Planning Board, the master signage plan shall become the sole governing source of standards and requirements for all new signage within the Overlay District under this bylaw. Sign permits for any sign meeting these established standards may be issued by the Building Inspector upon approval of the master signage plan by the Planning Board.

While Roadway surface widths may be narrower than widths associated with a traditional subdivision, the durability of private Roadway surfaces and sub surfaces within the Overlay District should be designed based on standard engineering principles. Waivers of the following standards may be granted when appropriate. The following criteria apply:

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.

Parking and vehicle access.

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.

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.

Crosswalks with handicap-accessible curb cuts shall be provided at all intersections. All crosswalks and curb cuts shall comply with applicable requirements of the Massachusetts Architectural Access Board (MAAB) and/or Americans with Disabilities Act (ADA) requirements.

Streetscape elements shall be encouraged, including:

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, the EPA Municipal Separate Storm Sewer System (MS4) minimum control measures, as well as local bylaws.

The design should incorporate design features within a comprehensive stormwater management plan to minimize stormwater runoff.

The design, construction and maintenance of stormwater systems shall be consistent with the following:

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 plans for each Development Project.

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, and within 100 feet of any building fire department connection (FDC); shall be approved, in writing, as to location by the Fire Chief and the DPW; and shall be shown on plans for each Development Project.

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 by the PAA as a condition of Development Project Plan Approval for a Development Project.

Installation. The Applicant shall be responsible for connecting all lots to the public 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, if applicable, a permit for extension/connection of the sewer system issued by the Massachusetts Department of Environmental Protection's Division of Water Pollution Control.

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.

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.

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;

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

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.

Required parking. Parking shall be provided for Uses according to Table 1, Required Parking, below, and shall be calculated for compliance purposes based on Uses reflected on the Development Project Plan. When application of the requirements set forth below results in a number that includes a fraction, the fraction shall be rounded up to the next whole number.

On-street parking offset. Parking spaces within the Roadways and drive aisles within the Overlay District may be counted toward the minimum parking required pursuant to this section.

Charging stations for electric, hybrid, or similar types of vehicles. Charging stations for electric, hybrid, or similar types of vehicles may be required, as appropriate, by the Building Code and/or the PAA as part of the Environmental Strategies program to be included in any application for Development Project Plan Approval.

Bicycle parking. Bicycle parking may be required, as appropriate, by the PAA as part of the Environmental Strategies program to be included in any application for Development Project Plan Approval and shall also be addressed in the traffic management plan.

Parking design and construction standards. The design and construction standards for parking shall be approved by the Planning Board in conjunction with the Development Project Plan Approval of a Development Project; such design and construction standards shall address the dimensions for parking spaces, Drive Lanes, Driveways, and landscape islands, and materials and specifications for paving, curbing, lighting, and Landscaping. Notwithstanding the foregoing, unless otherwise waived by the PAA, the minimum parking dimensions shall be:

Modification in parking requirements. Notwithstanding anything to the contrary herein, any minimum required or maximum permitted amount of parking may be modified by the Planning Board through the Development Project Plan Review process, if the Applicant can demonstrate that the modified amount of parking will not cause excessive congestion, endanger public safety, or that a modified amount of parking will provide positive environmental or other benefits, taking into consideration:

Overlay-District-wide aggregate density requirements. Development Projects shall comply with the following requirements as applicable to a Development Project Plan for the Overlay District:

Pre-application conference.

Submission and Approval of a Development Project Plan. The Applicant shall file a Development Project Plan accompanied by an application for Development Project Plan Review and application for special permit(s), if applicable, to the PAA for issuance of a Development Project Plan Approval prior to an application for a building permit. Review of a Development Project Plan shall follow the procedures of Subsection F and the PAA Rules and Regulations that the Planning Board may adopt to govern Development Project Plan Review. An application for Development Project Plan Review shall include the following components unless waived by the Planning Board:

Phasing. In the course of the phased development of an approved Development Project Plan, the Applicant may divide the proposed development reflected in the Development Project Plan into separate project components which may be reviewed either through a single combined Development Project Plan Review, or through a series of separate Development Project Plan Reviews that address the applicable proposed area(s) of work within the Overlay District. In no event shall a Development Project proceed with a nonresidential development prior to completing an allowable residential development (townhouse residential use and/or multifamily residential use).

Peer review. The Applicant shall be required to pay for reasonable consulting fees to provide peer review of any required elements of the Development Project Plan Review application as may be required by the PAA. 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.

Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, School Department, and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 30 days of its receipt of a copy of the Development Project Plan Review application.

Procedures.

Upon completion of Development Project Plan Review, the PAA shall either 1) approve, 2) approve with conditions, or 3) deny a Development Project Plan submitted for review.

The PAA shall render a decision within 90 days of the close of the public hearing and shall file its written decision with the Town Clerk's office and other appropriate parties in accordance with the provisions of MGL c. 40A.

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 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.

The Applicant shall be responsible for filing a copy of the decision at 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. Prior to the issuance of a building permit, the Applicant shall present evidence of such recording to the Building Commissioner and Planning Department.

For the purpose of securing the performance of all proposed work, including Landscaping and off-site improvements, the PAA may require security submitted in the form of a check made out to the Town of North Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part to stabilize or secure the site. The check will then be placed in an interest-bearing account and will be released upon the completion of the Development Project. The PAA, at its discretion, may release partial amounts of the security at certain stages of construction.

Procedure. After a Development Project Plan is approved, an Applicant may apply to the Planning Board to make revisions to a Development Project Plan. Such revisions must be submitted to the Town Planner and Planning Board clearly showing the proposed revisions to the approved Development Project Plan, and on application forms provided by the Planning Board. The Planning Board shall set forth any decision to approve or deny such revisions by motion and written decision, and provide a copy to the Applicant for filing with the Town Clerk.

If the revisions are determined by the Planning Board to i) not adversely affect the Overlay District or neighboring properties, ii) not cause either a significant increase in vehicular movement or alteration in pedestrian circulation routes and iii) be otherwise consistent with the purposes and intent of the Development Project Plan and this Article 19 (examples may include but not be limited to: revisions involving utilities, Building orientation adjustments, or minor adjustments to parking or other site details that do not materially affect the overall build out or development envelope), the Planning Board may authorize such revisions at any regularly scheduled meeting, without the need to hold a public hearing.

If the revisions are determined by the Planning Board to i) have a potential adverse effect on the Overlay District or neighboring properties, or ii) cause either a significant increase in vehicular movement or alteration in pedestrian circulation routes, but iii) are otherwise consistent with the purposes and intent of the Development Project Plan Approval and this Article 19 (examples may include but are not limited to: revisions to Building locations, heights, massing, or Use otherwise allowed pursuant to this Article 19), the Planning Board may authorize such revisions at any regularly scheduled meeting after holding a public hearing.