Automobile service and filling stations, automobile repair shops, body shops and painting shops, tire stores, radiator shops or any of their appurtenances or accessory uses shall not be erected, placed or located within fifty (50) feet of any residence district or residence structure. In addition, the use or structure shall conform to the following requirements (in addition to district requirements):
1. The minimum frontage on a street shall be one hundred and fifty (150) feet.
2. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty (30) or barriers may be interrupted by normal entrances or exits and shall not be required with ten (10) feet of a street lot line.
1. Purpose
a) The purpose of this section is to protect the health, safety, convenience and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts, both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic. This review considers the impact on public services and infrastructure; environmental, unique and historic resources; abutting properties; and community character and ambiance.
b) This section of the Zoning Bylaw is adopted pursuant to Chapter 40A, Section 9. All Site Plan Review applications submitted under the provisions of this section shall be reviewed by the Planning Board as a Special Permit.
c) Sites and developments to which this section applies shall comply with the regulations of this section as well as those other applicable Town Bylaws, or the requirements of the Commonwealth of Massachusetts, prior to any construction being undertaken in the Town of North Andover.
2. Developments Which Require Site Plan Review
a) Site Plan is required when:
i) Any new building(s) or construction which contains more than two thousand (2,000) square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five (5) or more new or additional parking spaces;
ii) Any construction which results in the addition of more than two thousand (2,000) square feet of gross floor area to an existing structure; or results in the requirement of five (5) or more new or additional parking spaces;
iii) Any construction, site improvements, new uses in existing structures or developments which contain new processes not normally associated with the existing use and which result in changes in the potential nuisance to adjacent property; traffic circulation; storm water drainage onto or off of the site; and/or the application of the parking standards of Section 8.1 indicate the need for five (5) or more new or additional parking spaces.
iv) The construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3)(a)(ii) Wireless Service Facilities Use Regulations (1998/38).
b) The following development(s) are exempt from Site Plan Review:
ii) Small structures or additions which do not exceed two thousand (2,000) square feet of gross floor area and do not require five (5) or more parking spaces.
iii) Routine repairs and maintenance that do not exceed the provisions of Section (1)(c).
c) Waiver of Site Plan Review
i) When in the opinion of the Planning Board, the alteration or reconstruction of an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic; public services and infrastructure; environmental, unique and historic resources; abutting properties; and community needs, the Planning Board may determine, without a public hearing, that submission of a site plan review application is not required.
ii) The applicant must request a waiver from Site Plan Review in writing and may be required to submit supporting documentation that Site Plan Review is not required. The waiver request will be discussed at a regular session of the Planning Board.
3. Site Alteration - Violation of the Bylaw
a) No building permit, site clearing, filling, grading, material deliveries or construction shall be initiated on any site which this section applies until Site Plan approval as required by this section is obtained.
b) Nothing herein shall be construed, however, to prohibit such clearing or altering as may be necessary for purposes of conducting pre-development studies, such as geotechnical tests, soil borings, wetlands determination, percolation tests for septic systems as required by the Board of Health, or other similar test as required in order to fulfill a requirement of any Town Bylaw or regulations of the Commonwealth.
4. Procedures
a) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection VIII Revisions to Approved Site Plans.
b) Any proposed development meeting any of the criteria set forth in Subsection II Developments which require Site Plan Review, shall be subject to Site Plan Review and submit a Special Permit application to the Planning Board.
c) An applicant for site plan review shall file an application form, fee, eight copies of the site plan, and any additional information as may be required (See Subsection V Information Required), with the Planning Department. Once the applicant is deemed complete, the Planning Department will forward 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 M.G.L. Ch.40A will not start until the application has been deemed complete and submitted to the Town Clerk.
d) 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 site plan or impact study requested by the Board.
5. Information Required
a) Special Permit Application Form, along with any fees as may be set by the Town Bylaw;
b) Drawings prepared at a scale of one inch equals forty feet (1 "=40') or larger, or at a scale as approved in advance by the Town Planner.
c) 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;
d) The times for submission of the site plans for review by the Planning Board are specified in Section 10.3 of the Zoning Bylaws (Special Permit Regulations)
e) The following information must be submitted along with the application:
i) NORTH ARROW/LOCATION MAP: A north arrow and a location map showing surrounding roadways and land uses adjacent to the site (1 "=1500'). Location Map should show at least one intersection of two existing Town roadways.
ii) SURVEY OF LOT/PARCEL: A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site plan. Any change in the survey shall be recorded before site plan approval may be granted.
iii) NAME/DESCRIPTION OF PROJECT: The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development plan.
iv) EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal encumbrances(s) that are related to the sites physical development, and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation Commission, or any public body or agency, with the authority to place conditions on the sites development.
v) TOPOGRAPHY: The present and proposed topography of the site, utilizing two foot (2') contour intervals. The contours shall extend at least fifty (50') feet beyond the site boundaries by estimation of the professional submitting the plan.
vi) ZONING INFORMATION: All applicable Zoning Bylaw information shall be provided regarding the site's development. This information shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor-area-ratio, number of dwelling units, total amount of square feet, size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board.
vii) STORMWATER DRAINAGE: All storm water drainage control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations which support the design of the control facilities shown the plan shall be submitted to the Department of Public Works for review and approval. Calculations shall show a mitigation of run-off to zero of the 2, 10, and 100-year storm event.
viii) BUILDING LOCATION: Identification of all existing and proposed structure(s) located on the site. The number of stories, overall height in feet and gross floor area in square feet of all structure shall be indicated.
ix) BUILDING ELEVATION: A drawing of the exterior of the building, as viewed from the front (street view) must be submitted. The Planning Board may request side and rear views if relevant to the Board's review. This drawing must be at least 8" x 11" in size.
x) LOCATION OF PARKING/WALKWAYS: Identification of the location of all existing and proposed parking and walkways areas, including curb cuts that will be used to access the site from adjacent roadways, or access points.
xi) LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as defined in M.G.L. Chapter 131, Section 40 and the Town's Wetland Bylaw, shall be shown on the site plan. The applicant shall file a Notice of Intent with NACC concurrently with the application to the Planning Board for Site Plan Review.
xii) LOCATION OF WALLS/SIGNS: Identification of the location, height and materials to be used for all retaining walls and signs located on the site. Signs will be reviewed using the guidelines set forth in Section 6.7 (H) of the Zoning Bylaw.
xiii) LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-ways and driveways including the type of curb and gutter to be used, and their dimensions. Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of any streets which is adjacent to the site.
xiv) OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location and type of outdoor storage and display areas on the site.
xv) LANDSCAPING PLAN: Identification of the location and landscape schedule of all perimeter and interior landscaping, including but not limited to proposed paving materials for walkways, fences, stonewalls and all planting materials to be placed on the site. In addition, all existing trees over 12 inches DBH, to be saved or removed shall be shown on the site plan. Any landscaping required by the Town Bylaws shall be indicated on the site plan in tabular form showing the amount required and the amount provided.
xvi) REFUSE AREAS: Identification of the location of each outdoor refuse storage area, including the method of storage and screening. All refuse areas must be fully enclosed.
xvii) LIGHTING FACILITIES: Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities, including an example of the light fixture to be used.
xviii) DRAINAGE BASIN STUDY: A detailed hydrology study for the site. Included in this study is the proposed storm water run-off rates into the existing drainage system and its potential down-stream impact on the existing drainage system.
xix) TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. Projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board.
xx) COMMONWEALTH REVIEW: Any information required and submitted to any agency of the Commonwealth, shall be filed with the Planning Board upon the initial submission of the project for Board review.
xxi) UTILITIES: All utilities, including water line locations, sewer line locations and profiles, and storm drainage systems;
xxii) FISCAL IMPACT: Projections of costs rising from increased demand for public services and infrastructure; provisions of benefits from increased tax revenues, employment and infrastructure improvements; and impacts on adjacent property values.
xxiii) COMMUNITY IMPACT: Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency, pedestrian movement and overall character; impacts on nearby historic structures or site; and an evaluation of the proposed project's consistency ad compatibility with existing local and regional plans.
f) If the site plan review application is for the construction of any new wireless service facility on a previously permitted facility as set fourth in Section 8.9(3)(a)9II) Wireless Service Facilities Use Regulations, the information required by Section 8.9(5) must also be submitted. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility (1998/38).
6. Review Criteria/Design Guidelines
a) The following criteria and design guidelines shall be used by the Planning Board in evaluating the site plan review and all information submitted as part of the application.
i) General
a) Conformance with all appropriate provisions of the Zoning Bylaw.
b) Protection of abutting properties from detrimental site characteristics.
ii) Environmental
a) Protection of unique or important natural, historic or scenic features.
b) Adequacy of proposed methods of refuse disposal.
c) Ability of proposed sewage disposal and water supply systems within and adjacent to the site to serve the proposed use.
d) Adequacy of the proposed drainage system within and adjacent to the site to handle the increased runoff resulting from the development.
e) Provision of adequate landscaping, including the screening of adjacent residential uses, provision of street trees, landscape islands in the parking lot and a landscape buffer along the street frontage.
f) Adequacy of the soil erosion plan and any plan for protection of steep slopes, both during and after construction.
g) Protection of adjacent properties by minimizing the intrusion of lighting, Including parking lot and building exterior lighting.
h) The proposed development must not present a demonstrable adverse impact on the surrounding area resulting from excessive noise, dust, smoke, or vibration which are higher than levels now experienced from uses permitted in the surrounding area.
iii) Design
a) Buildings shall be located with respect to setbacks placement of parking landscaping and entrances and exits with surrounding buildings and development.
b) The buildings shall relate harmoniously to each other in architectural style, the location and building exits and entrances.
c) Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings and similar features.
d) Electric, telephone, cable t.v., and other such lines and equipment must be placed underground.
e) Demonstrate that the scale, massing and detailing of buildings are compatible with those prevalent in the surrounding area.
iv) Traffic/Parking a) The location and number of curb cuts shall be minimized to reduce turning movements, and hazardous exits and entrances.
b) Provision for access to adjoining properties shall be provided as appropriate.
c) Driveways shall be located opposite each other wherever possible.
d) Joint access driveways between adjoining properties shall be encouraged.
e) Internal circulation and egress shall provide for traffic safety, and access to and from minor streets servicing one family dwellings shall be minimized.
7. Findings of the Planning Board
a) With the concurring vote of four members, of the Planning Board shall either A) approve, B) approve with conditions, or C) deny a site plan submitted for review.
i) The Planning Board shall approve a site plan with the following conditions are met:
A. The site plan complies with all current Bylaw requirements of the Town, and;
B. The site plan has been submitted in accordance with the regulations and procedures as outlined in this section and Section 10.31 (Conditions for Approval of Special Permit.)
ii) The Planning Board shall conditionally approve a site plan when the following conditions are met:
a) The application needs to go to any Town Board/Department or Commission for approvals, or requires approvals by any state, and/or federal agency and;
b) The site plan generally complies with Town Bylaw requirements, but requires minor changes in order to be completely in compliance with the Town Bylaw regulations.
iii) The Planning Board may deny approval of a site plan for the following reasons:
a) The plan does not include all the materials or information required in this section, or has failed to adhere to the procedures for Site Plan Review as outlined in this section, and Section 10.3 (Special Permits), or;
b) The plan as presented is not in compliance with Town Bylaws, or;
c) The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for review, or;
d) The applicants have failed to incorporate and adhere to any condition(s) for approval granted by any Town Board, Department or Commission, or requirements called for by any state or federal agency, which has proper authority upon which to place conditions on a matter before the Planning Board.
iv) The Planning Board shall render a decision within ninety (90) days 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 M.G.L. Ch. 40A.
v) The applicant shall be responsible for filing a copy of the decision at the Registry of Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Inspector.
vi) For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Planning Board may require security submitted in the form of a check made out to the Town of North
vii) Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements required. The check will then be placed in an interest bearing account and will be released upon the completion of the project. The Board, at its discretion, may release partial amounts of the security at certain stages of construction.
8. Revisions to Approved Site Plan a) Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories:
i) 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;
ii) The change in the proposed landscaping plan which does not violate any Town Bylaw;
iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth.
b) The revisions cited above may be completed without further review by 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 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 site plan.
c) 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 in accordance with the provisions of this section. (Section 8.3 rewritten and reorganized May 6, 1996 Annual Town Meeting, Article 20)
