Commercial and Industrial Districts (1987/12)
For all commercial and industrial districts the following minimum screening and landscaping requirements shall apply for all off-street lots with more than 6 parking spaces, or in any instance when a commercial or industrial off-street parking area of any size abuts a residential district.
1. A strip of land at least six (6) feet wide (may be part of required yard setbacks) with trees or shrubs densely planted, to create at least an impervious screen, at least four (4) feet high at the time of planting and which are of a type that may be commonly expected to form a year round impervious screen at least five (5) feet high within three years.
2. If a natural screen as described in item 1 above cannot be attained, a wall or fence of uniform appearance at least five (5) feet high above finished grade will be allowed. Such a wall and/or fence may be perforated, provided that not more than 25% of the face is open.
3. All required screening, as described in items 1 and 2 above, shall be maintained in good condition at all times. Such screening may be interrupted by entrances or exits, and shall have no signs attached thereto other than those permitted in the district.
For all off-street parking areas of 20 or more spaces the following criteria shall also apply.
4. On at least three sides of the perimeter of an outdoor parking lot, there shall be planted at least one tree for every thirty (30) linear feet. In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other, a landscaped open space not less than 6 feet in width shall be provided. The landscaped strip may be provided either; 1) between the rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and extending from the aisle serving one row of spaces to the aisle serving the other row of spaces, as illustrated below. Trees required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in parking lot. To the extent practicable, existing trees shall be retained and used to satisfy this section. The following graphics are intended as illustrations and examples only and have not been incorporated into the requirements of this Bylaw. (See graph after Tables and Footnotes at end of Bylaw).
5. All artificial lighting used to illuminate any commercial or industrial parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the parking, loading or driveway area, and shall be shielded or recessed so as not to shine upon abutting properties or streets.
Village Commercial Dimensional Requirements
In the Village Commercial Zoning District the following requirements shall be adhered to. The following requirements are only to be placed upon the Village Commercial Zoning District and shall take the place of the proceeding regulations found in paragraph 1-5.
Screening
Objective: Due to the high aesthetic standards to which the architecture shall be made to conform, the main purpose of the screening shall be to screen the parking and other accessory structures which may be a part of the development, the Planning Board may require any additional screening as may be reasonably required.
a. All buffer zones must be designed by a registered landscape architect, or other professional as approved by the Planning Board.
b. The Planning Board recommends that materials to be used in the buffer include but not limited to the following material:
Natural/existing vegetation, natural topography, berms, stone walls, fences, deciduous and coniferous shrubs/trees, perennials, annuals, pedestrian scale walkways, gazebos and other landscape material as it addresses the aesthetic quality of the site. The final approval of all material used within the buffer zone shall be at the discretion of the Planning Board.
c. Parking lots containing 10 or more spaces shall be required to provide one tree for every five spaces. All trees shall be a deciduous mix of at least 2.5 inch caliper when planted. Native trees and shrubs shall be planted wherever possible, in order to capture the "spirit of the locale" through indigenous species (such as lilac, viburnum, day lilies, ferns, red twig dogwood, oak, maple, sycamore, linden, hawthorne, birch, shadbush, etc.). In instances where healthy plant material exists on the site prior to its development, in part or in whole, for purposes of off street parking or other vehicular use areas, the Planning Board may adjust the application of the above mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of these standards.
d. To produce parking which is aesthetically pleasing, well screened, accessible and broken into smaller parcels that may directly and adequately service adjacent structures, a minimum of 5% landscaping and green space must be provided for all parking areas. This 5% is not intended to include the buffer zones, but shall include all internal landscaped islands in the parking areas. In all instances where natural topography lends itself to the screening of these parking areas it shall be left in its natural state. The Planning Board may at their discretion require additional screening at the owner's expense.
Residential Districts
Commercial vehicles in excess of one (1) ton capacity shall be garaged or screened from view of residential uses within three hundred (300) feet by either:
a. A strip at least four (4) feet wide, densely planted with trees or shrubs which are at least four (4) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years, or
b. An opaque wall, barrier, or fence of uniform appearance at least five (5) feet high, but not more than seven (7) feet above finished grade. Such screening shall be maintained in good condition at all times, and shall not be permitted to exceed seven feet in height within required side yards. Such screening or barriers may be interrupted by normal entrances or exits and shall not be required within ten (10) feet of a street lot line.
c. Garaging or off-street parking of an additional two (2) commercial vehicles may be allowed by Special Permit. When it is deemed to be in the public good, parking for additional pleasure vehicles may be allowed by Special Permit.
1. Purposes: The purpose and intent of the regulations contained in this section are to promote the public health, safety and general welfare of the citizens of the Town by providing for the following goals:
a. To promote the more efficient use of land in harmony with its natural features;
b. To encourage the preservation of open space;
c. To protect water bodies and supplies, wetlands, floodplains, hillsides (1994/40), agricultural lands, wildlife, and other natural resources;
d. To permit greater flexibility and more attractive, efficient and economical design of residential developments;
e. To facilitate economical and efficient provision of utilities;
f. To meet the town's housing needs by promoting a diversity of housing types.
2. Applicability: An application for a Planned Residential Special Permit (PRD) shall be allowed for parcels of land in the R-1, R-2, and R-3 Districts in accordance with the standards set forth in this section. An application for a Planned Residential Development Special Permit shall be deemed to satisfy the requirements for Site Plan Review.
3. Permit Authority: The Planning Board shall be designated as the Special Permit Granting Authority, and shall grant special permits for PRD's consistent with the procedures and conditions set forth in this section as well as in Sections 10.3 and 10.31 (Special Permits) of this Bylaw.
4. Procedure for Approval:
Preliminary Plan
The applicant must submit a preliminary plan per Section 6(G) (1994/40) and schedule pre-application conference to discuss the proposed PRD with the Planning Board before the submission of the final special permit application and supporting documents, to the Board for review in a public hearing.
Final Plan Submittal
The applicant shall follow the procedures and standards contained in this section and Section 10.3 (Special Permit) in submitting a set of final plans to the Planning Board for review.
5. Information Required: Any applicant who desires a special permit under requirements of this section shall submit an application in writing in such form as the Planning Board may require which shall include at the minimum the following:
A. Development Statement: Which shall consist of a petition; a list of the parties of interest with respect to the PRD parcel and any parcel proposed to be used pursuant to the subsection 5a below. A list of the development team and a written statement meeting the requirements of a site evaluation statement under the Subdivision Rules and Regulations of the Planning Board; and setting forth the development concept and the specific requirements of the Zoning Bylaw within a table which includes the following information:
1. The number of units,
2. Type size (number of bedrooms),
3. Floor area,
4. Ground coverage,
5. Summary showing open space as percentages of the total area of the PRD tract,
6. Development schedule for all site improvements.
a. Copies of the proposed instruments to be recorded with the plans including the Usable Open Space perpetual restriction, which shall be deeded to a membership corporation, non-profit organization, trust, public agency, or the Town of North Andover.
b. Development plans bearing the seal of a Massachusetts Registered Architect, Registered Civil Engineer or similar professional as appropriate and consisting of:
1. Subdivisions - All plans shall be drawn at a scale of 1 "=40' showing all site improvements and meeting, to the extent applicable, the requirements set forth for a Definitive Plan in the Subdivision Rules and Regulations of the Planning Board and; Site Plans Plans submitted shall meet the requirements contained in Section 8.3 (Site Plan Review) to the extent applicable.
B. Review by Other Town Departments: The Planning Board shall within ten days of receipt of an application under this section, refer the application to the Conservation Commission, Public Works Department, Board of Health, Building Inspector, Police Department, and Fire Department for written reports and recommendations. No decision shall be made until such reports, are returned or thirty-five days have elapsed following such referral without receipt of such report.
C. Findings of the Planning Board: The Planning Board may issue a special permit under this section only if the Planning Board finds that the PRD is in harmony with the general purpose and intent of this section and Section 10.3 (Special Permit) and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and meets the purpose and intent of this section, which renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the Zoning District in which the PRD parcel is located.
If a special permit is granted, the Planning Board may impose a condition thereof that installation of municipal services and construction of roadways within the PRD shall comply with the requirements of the Subdivision Rules and Regulations of the Planning Board.
Further, the Regulations of the Planning Board may require sufficient security to ensure compliance with the Subdivision Rules and Regulations, planned recreation facilities and site amenities; and may impose additional safeguards pertaining to public safety, welfare and convenience.
6. Development Standards:
A. Allowable Parcel Size: For each application filed for a special permit under this section, the applicant must have a contiguous parcel of land, in single or consolidated ownership at the time of application, which is at least ten (10) acres in size.
B. Allowable Uses: The following principal uses are allowed in a Planned Residential Development:
1. Single family detached houses;
2. Residential structures with up to five dwelling units per structure, utilizing common wall construction;
3. Church or other religious purposes;
4. Agriculture on parcels greater than five (5) acres;
5. Public parks;
6. Conservation area or land preserved as permanent open space;
7. Membership clubs for the exclusive use of the residents of the development.
C. Dimensional Regulations: Site Plans
- Minimum Lot Size: Not Required
- All Yard Setbacks: Not Required
- Height Limitation: 30' or 2.5 stories
- Distance Between Structures: 50'
- Buffer Zone: 50' from the parcel boundary to any structure located within a PRD Development. Said buffer shall remain open without pavement or roadway(s) and left in its natural condition.
D. Dimensional Regulations: Subdivisions
- Minimum Lot Size: R-1 and R-2 21,780 square feet; R-3 12,500 square feet
- All Yard Setbacks: 20' (1)
- Height Limitation: 30' and 2.5 stories
- Buffer Zone: (1993/33) A fifty-foot (50') border from the parcel boundary running the full length of the perimeter of the parcel. No structure shall be built within the Buffer Zone. The Buffer Zone shall remain in its natural state except;
1. trees and/or shrubs may be added to improve the buffer characteristic of the Zone, and
2. roadways perpendicular or nearly perpendicular to the Zone may be installed to access the Site, if approved as part of this PRD Special Permit granted be the Planning Board.
Such roadways shall be minimized within the context of sound subdivision planning practices.
1. The structure may be placed upon a side lot line without a side yard setback, provided that the adjacent lot to which the zero setback is located has the required side yard setback.
E. Parking Requirements: For all Planned Residential Development off-street parking shall be provided as required by Section 8.1 (Off-Street Parking).
F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the Usable Open Space shall be defined as the part or parts of land within the PRD, which are reserved for permanent open space or passive recreation use. The usable open space shall be open and unobstructed to the sky. Trees, planting, arbors, flagpoles, sculptures, fountains, outdoor open-air, passive/active recreational facilities and similar objects shall not be considered "obstructions".
1. Usable Open Space Ratio:
a. For subdivision PRD's the minimum usable open space requirements shall be 35% of the total parcel area; and no more than 25% of the total amount of required usable open space shall be wetland as defined pursuant to Wetlands Protection Act, M.G.L.c.131, s.40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover.
b. For site planned PRD's, the minimum usable open space requirements shall be 50% of the total parcel area; and no more that 25% of the total required usable open space shall be wetland as defined pursuant to Wetlands Protection Act, M.G.L.c.131, s.40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover.
2. Usable Open Space Calculation:
a. Parking areas and roadways may not be included in the calculation of open space area, but the calculation may include required setbacks, waterways, and walkways. If the Planning Board requires additional parking to facilitate use of the open space, then that added parking area may be included in the calculation of the open space.
b. For the purpose of creating townhouses, condominiums, multifamily, or similar housing within a Site Plan Special Permit PRD and Subdivision PRD, that area of land extending a minimum of twenty-five feet (25') from the foundation of the residential structure, eave, door, steps or stairway, patio area, deck, balcony, chimney or any other structure or improvement shall be excluded from the calculation of useable open space. If a residential structure or dwelling is more than one story tall, the minimum twenty-five foot (25') area must be measured from the furthest point from the structure or improvement.
c. The usable open space shall be contiguous. Usable open space may still be considered contiguous if it is separated by a roadway or an accessory amenity. The Planning Board may waive this requirement for all or part of the required open space where it is determined that allowing noncontiguous open space will promote the goals of this bylaw.
d. Wastewater/Stormwater Structures: At the discretion of the Planning Board, subsurface wastewater and stormwater management systems serving the PRD may be located within the open space, with the approval of the Planning Board. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required.
e. Accessory Structures: The Planning Board may permit up to five percent (5%) of the open space to be paved (pervious "paving" materials are encouraged) or built upon for structures accessory to the dedicated use or uses of such open space (for example, pedestrian walks and bike paths). Parking areas and areas used for vehicular access or egress shall not constitute open space.
f. At the sole discretion of the Planning Board, the Planning Board may waive the conditions in Section 8.5.6(F)(2) Useable Open Space Calculations if it finds that the project satisfies the purpose and intent of the Section 8.5 and improves the overall PRD design.
3. Ownership and Accessibility:
a. For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners of all the units in the PRD by any of the following groups:
i. A non-profit organization or trust whose members are all the owners and occupants of the units;
ii. Private organization including but not limited to the Trustees of Reservations or Essex County Greenbelt Association whose primary function is preservation of open space;
iii. The Town of North Andover; and Any group as indicated by the Planning Board, which exists or is created for the purpose of preserving open space for the owners of the units located in a PRD Project.
b. The usable open space shall be to greatest extent practicable accessible to the general public (unless restricted) and not for the exclusive use of a homeowner, homeowners' association or non-profit organization. For open space maintained strictly for active agricultural purposes, public access may be limited or completely excluded. This agricultural and access restriction shall be included as a deed restriction running with the land.
4. Restrictions:
a. A perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including future amendments thereto and corresponding provisions to future laws) running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation.
b. Such restriction(s) shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may deem appropriate.
G. Calculation of Allowable Residential
Except as noted in Subsection H below, the maximum number of buildable lots and/or dwelling units in a PRD will be equal to the number of buildable lots and/or dwelling units which would result from an approved conventional subdivision plan. In order to determine the residential density of a PRD, the applicant must submit to the Planning Board a plan which:
1. meets the criteria of a Preliminary Subdivision Plan as defined in Section IV of the "Rules and Regulations Governing the Subdivision of Land" in effect at the time of plan submittal,
2. is fully compliant with the "Zoning Bylaw" in effect at the time of plan submittal, and
3. requires no zoning variances.
The Planning Board will use this plan to determine the maximum number of buildable lots and/or dwelling units allowed in a PRD.
H. Density Bonuses
1. Affordable Housing Bonus
For all PRD's the total number of allowable lots and/or dwelling units may be increased up to 20% if the developer designates at least 30% of the total number of units for use in conjunction with one or more state or federal housing assistance programs.
However, in the instance where the use of federal or state programs are not available to the Housing Authority, the Planning Board, after consultation with the Housing Authority, may propose alternative methods of attaining the Affordable Housing Bonus.
The developer shall certify, in writing to the Planning Board that the appropriate number of dwelling units have been set aside and conveyed to the North Andover Housing Authority (or other actions are required), before the Planning Board shall grant any special permit with density bonus provisions.
Further, the developer shall be responsible to work with the North Andover Housing Authority to initiate and conclude occupancy of said units within one year of their completion. Failure to do so shall be deemed a violation of the special permit criteria. The granting of this bonus density shall not exempt the proposed development from any other criteria required by this section or regulation contained in the Town Bylaws.
2. Open Space Bonus
For multifamily PRD's, the total number of allowable dwelling units maybe increased up to 10% if the proposed PRD provides sixty-five percent (65%) usable open space consistent with the definition of usable open space as provided in this section. The granting of this bonus density shall not exempt the proposed development from any other criteria required by this section.
3. Maximum Density
Proposed PRD's may utilize both bonus provisions, i.e. affordable housing and open space; however, the granting of bonus densities shall not exempt the proposed development from any other criteria required by this section.
