It is the purpose of this Section to establish an Osgood Smart Growth Overlay District and to encourage smart growth in accordance with the purposes of G. L. Chapter 40R, and to foster a range of housing opportunities along with a mixed-use development component, to be proposed in a distinctive and attractive site development program that promotes compact design, preservation of open space, and a variety of transportation options, including enhanced pedestrian access to employment and nearby rail access. Other objectives of this Section are to:
1. Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;
2. Provide for a full range of housing choices for households of all incomes, ages, and sizes in order to meet the goal of preserving municipal character and diversity;
3. Increase the production of a range of housing units to meet existing and anticipated housing needs;
4. Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;
5. Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting;
6. Establish development standards to allow context-sensitive design and creative site planning;
7. Enable the Town to receive Smart Growth Educational Aid payments for school children which may reside in residential developments within the OSGOD pursuant to G.L. Chapter 40S, and which are available only for new developments in 40R Smart Growth Zoning Overlay Districts; and
8. Enable the Town to receive Zoning Incentive Payments and/or Density Bonus Payments in accordance with G. L. Chapter 40R and 760 CMR 59.06 arising from the development of housing in the Osgood Smart Growth Overlay District.
For purposes of this Section 17.0, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this Section 17.2, or as set forth in the rules and regulations of the Permit Approval Authority ("Regulations"). To the extent that there is any conflict between the definitions set forth in this Section 17.2 or the Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
1. ACCESSORY BUILDING A detached building, the use of which is customarily subordinate and incidental to that of the principal building or buildings, whether or not located on the same lot.
2. ACCESSORY USE A use of a parcel customarily subordinate and incidental to the principal use of the lot, or a neighboring lot in the case of a use pursuant to an easement, or to a structure on the lot, or on a neighboring lot in the case of a structure erected and maintained pursuant to an easement.
3. ADMINISTERING AGENCY The local housing authority or other qualified housing entity designated by the PAA, pursuant to Section17.8.6, to review and implement the Affordability requirements affecting Affordable Housing in Projects under Section 17.8.
4. AFFORDABLE HOMEOWNERSHIP UNIT - An Affordable Housing Dwelling Unit required to be sold to an Eligible Household.
5. AFFORDABLE HOUSING - housing that is affordable to and occupied by Eligible Households.
6. AFFORDABLE HOUSING RESTRICTION - A deed restriction of Affordable Housing meeting statutory requirements in G.L. c. 184, Section 31 and the requirements of Section 17.8 of this Bylaw.
7. AFFORDABLE RENTAL UNIT - an Affordable Housing Dwelling Unit required to be rented to an Eligible Household.
8. APPLICANT A person that files an application for Plan Approval and/or special permit and/or other approval pursuant to this Section 17. If the Applicant is not the owner of the real property on which the development is proposed, then the Applicant, as part of the application or notice shall obtain the owner's written authorization to file such application or notice. Such written authorization may take the form of pre-existing agreements or instruments including, without limitation, signed purchase and sale agreement(s) and signed easement(s) (whether or not yet recorded), or a written letter of authorization from the owner of the real property.
9. AS-OF-RIGHT PROJECT - Means a development of residential or non-residential under zoning without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A proposed development that requires a special permit pursuant to this Section 17.0 shall not be considered an As-Of-Right Project.
10. BUILDING A combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, processes or property. For the purpose of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature. The word "building" shall be construed, where the context requires, as though followed by the words "or part of parts thereof."
11. BUILDING AREA The aggregate of the maximum horizontal cross-sectional area of all buildings on a lot exclusive of cornices, eaves, gutters, chimneys, unenclosed porches, bay windows, balconied and terraces.
12. BUILDING HEIGHT - Measured from the average ground height adjoining at the exterior walls of a building to highest point on the roof of the building, exclusive of decorative cupolas, weather vanes, chimneys and vent structures, antennas, satellite dishes, mechanical penthouses and other structures or enclosures not intended for human habitation.
13. DESIGN STANDARDS Means provisions of Section 17.11 made applicable to developments within the OSGOD that are subject to the Plan Approval process.
14. DEVELOPMENT Any type of construction not defined as a "Project".
15. DHCD Department of Housing and Community Development of the Commonwealth of Massachusetts, and any successor agency.
16. DRIVEWAY OR DRIVE LANE A portion of a lot designed for vehicular access to off-street parking or loading space or to a garage, whether or not located on the same development real property. For purposes of this Section 17, a Driveway or Drive Lane is distinguished from a "Roadway" as defined below.
17 DWELLING UNIT One (1) or more living, kitchen and sleeping room(s) providing complete living facilities for the use or one (1) or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation, but not including mobile homes or trailers, however mounted, or commercial accommodations offered for transient occupancy of less than one month's duration.
18 ELIGIBLE HOUSEHOLD - An individual or household whose annual income is less than 80 percent of the area-wide median income for the Lawrence MA-NH HMFA (HUD Metro FMR Area) as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.
19 ENABLING LAWS - G.L. Chapter 40R and 760 CMR 59.00.
20 FAST FOOD ESTABLISHMENT An establishment whose primary business is the sale of food upon a very short waiting time, served primarily through a drive-through facility, and which, because of the nature of the operation, causes or is a major contributor to a large volume or frequent turnover of vehicular traffic.
21 FLOOR AREA, GROSS -- Gross floor area shall be the floor area within the perimeter of the outside walls of the building without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
22 FLOOR AREA RATIO The ratio of the floor area to the development site area defined in the Application, as determined by dividing the Gross Floor Area by the land area of the site which is the subject of the development defined in the Application.
23 LANDSCAPED BUFFER A planted area intended to provide, when mature, a visual screen between uses. Landscaped buffers may include existing vegetation, new plantings and/or lawn areas. Fencing may form a part of the landscaped buffer or screening where appropriate or dictated by topography or other consideration.
24 LANDSCAPING Improvements to land to enhance its attractiveness and facilitate its use and enjoyment. Landscaping may include walks, terraces and the like, fencing, stone walls or other decorative walls, site furnishings, grading and reshaping of earth contours, planting, and lawn areas. Landscaping may also include existing natural areas indicated to remain and/or be renovated.
25 LOT COVERAGE - The gross floor area for principal and accessory structures permitted on a site.
26 MIXED-USE DEVELOPMENT PROJECT A development containing a mix of residential uses and non-residential uses, as allowed in Section 17.6, and subject to all applicable provisions of this Section 17.
27 MULTI -FAMILY RESIDENTIAL USE Apartment or condominium Dwelling Units in one or more buildings, each of which buildings contains or will contain more than three (3) such Dwelling Units.
28 OPEN SPACE - The portion of a site within the OSGOD not occupied by buildings, parking, garages, roadways, driveways and drive lanes, but which shall include, among other areas, all landscaped areas, all un-built areas, all sidewalks and walkways, and all swimming pools, tennis courts and other recreational facilities primarily open to the sky, whether or not landscaped.
29 OSGOD The Osgood Smart Growth Overlay District established in accordance with this Section 17.
30 PAA REGULATIONS The rules and regulations of the PAA adopted pursuant to Section 17. Such rules and regulations shall not take effect until approved by DHCD and filed with the Town Clerk.
31 PLAN APPROVAL A determination made in the form of a written decision by the PAA that the proposed site plan for the development complies with the standards and criteria which a site located within the OSGOD must meet under the procedures established herein and in the Enabling Laws and/or G.L. c. 40A as more particularly provided herein.
32 PLAN APPROVAL AUTHORITY (PAA) For purposes of reviewing development applications and issuing decisions on development Projects and Commercial Projects within the OSGOD, the Planning Board (the "PAA"), consistent with G.L. Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority, and consistent with G.L. c. 40A, shall be the special permit granting authority or other approval authority as provided herein, and the PAA is authorized to approve a site plan to implement a development.
33 PRINCIPAL BUILDING A building in which is conducted main or principal use of the site on which said building is situated. A development is permitted to have more than one Principal Building.
34 PRINCIPAL STRUCTURE The structure on a development site, which contains the primary use of the site. A principal use shall not be contained within an accessory structure as defined in the above. A development is permitted to have more than one Principal Structure.
35 PROJECT - a Residential Project and/or Mixed Use Development Project, undertaken within the OSGOD in accordance with the requirements of this Section 17.
36 PROJECT, COMMERCIAL a development which is proposed and which either requires a special permit as provided herein, or is otherwise not a "Project" as defined above.
37 RESIDENTIAL PROJECT - a Project that consists solely of residential, parking, and accessory uses.
38 RECREATIONAL USES - Active recreational uses, including but not limited to ball fields; and passive recreational uses, including but not limited to walking and bicycle paths. Amusements or motorized uses shall not be considered eligible recreational uses.
39 ROADWAY a main access corridor as defined under Section 17.11.14. A Roadway is not a "Driveway" or "Drive Lane" as defined above.
40 STRUCTURE A combination of materials for occupancy or use, such as a building, bridge, trestle, tower, framework, tank, tunnel, tent, stadium, reviewing stand, platform, shelters, piers, bin, sign, swimming pool or the like; the term structure shall be construed as if followed by the words "or part thereof".
41 SUBDISTRICT A specific and defined area of land within the OSGOD that is subject to specific requirements for allowable uses and/or dimensional requirements that may differ from the requirements for allowable uses and/or dimensional requirements in other specific and defined areas within the OSGOD. The boundaries and the names of the Subdistricts are referred to in Section 17.3.3 herein.
42 UNDERLYING ZONING The zoning otherwise established by the Zoning Bylaw without regard to this Article.
43 USE The purpose for which a structure or land is used or intended to be used.
44 USE, SUBSTANTIALLY DIFFERENT A use which by reason of its normal operation would cause readily observable, material differences in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared.
45 ZONING BYLAW - the Zoning Bylaw of the Town of North Andover, as amended.
17.3.1 Establishment
The Osgood Smart Growth Overlay District, hereafter referred to as the OSGOD, is an overlay district having a land area of approximately one hundred sixty-nine (169) acres in size that is superimposed over all underlying zoning districts, including without limitation all other overlay districts, established by the Zoning Bylaw now or hereafter applicable to the properties known as 1600 Osgood Street, and is shown on the Zoning Map as set forth on the map entitled "1600 Osgood Street Smart Growth Overlay District", dated March, 2007, prepared by the North Andover Division of Community Development. This map is hereby made a part of the Zoning Bylaw and is on file in the Office of the Town Clerk (the "OSGOD Zoning Map"). The OSGOD contains all of the real property described in a deed from Lucent Technologies, Inc. to 1600 Osgood Street, LLC dated August 21, 2003, recorded with the Essex North District Registry of Deeds in Book 8213, Page 272 as more particularly shown on the OSGOD Zoning Map.
17.3.2 Underlying Zoning
The OSGOD is an overlay district superimposed on all underlying zoning districts. As required by the Enabling Laws, the regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those sites undergoing development pursuant to this Section 17. Within the boundaries of the OSGOD, a developer may elect to either develop a site in accordance with the requirements of this Section 17, or to develop a site in accordance with the requirements of the regulations for use, dimension and all other provisions of the Zoning Bylaw governing the underlying zoning district(s).
17.3.3 Subdistricts
The OSGOD contains three (3) Subdistricts, all hereby established and all in the locations shown on the OSGOD Zoning Map, including: (a) the Residential Mixed Use Zone, containing approximately 31.65 acres; (b) the Mixed-Use Development Zone, containing approximately 10.15 acres; and (c) the Business Opportunity Zone, containing approximately 125.94 acres. For purposes of the application of this Section 17, and for a proposed development which is located within a subdistrict identified as the Mixed Use Zone and/or the Business Opportunity Zone, the uses permitted and the dimensional and other controls applicable in a Subdistrict may be extended into the adjacent Subdistrict described above to the extent of one-hundred fifty (150) feet as long as the limit of said extension is reflected on the site plan for a proposed development for which Plan Approval is required under this Section 17. Moreover, a residential use may be accessed via a commercially zoned and/or mixed use Subdistrict, and in turn, a non-residential use may be accessed via a residentially-zoned and/or mixed use Subdistrict.
The provisions of this Section 17 shall be administered by the Planning Board, except as otherwise provided herein. Any appeal arising out of a Plan Approval decision by the PAA with respect to a Project shall be governed by the applicable provisions of G. L. Chapter 40R, except with respect to a Commercial Project or other development requiring a special permit or other approval under G.L. c.40A, in which case, the provisions of M.G.L. c.40A shall govern only the portion of the development for which a such special permit or other approval is required.
This Section shall be enforced by the Building Inspector, who may require the submission of plans, specifications and other information, which he deems to be necessary to determine compliance with its provisions. No building shall be constructed, reconstructed, enlarged, altered, moved, removed or demolished as part of a development governed by this Section without obtaining a building permit. The Building Inspector shall withhold such building permit if such building or such activity included in such a development governed by this Section, would be in violation of this Section. No actual use and occupancy (as opposed to construction and/or break-in period testing) of a building, a lot, or a portion of either of them shall be commenced or changed without the issuance by the Building Inspector of a certificate of compliance. The Building Inspector shall withhold such certificate of compliance unless the Building Inspector is satisfied that all work has been completed in accordance with the provisions of the applicable approved permits and of the applicable provisions of this Section, and that the proposed use will be in conformity with the applicable provisions of this Section.
In accordance with the provisions of G.L. Chapter 40R and 760 CMR 59.00, an Applicant for a development located within the OSGOD may seek Plan Approval in accordance with the requirements of this Section 17. In such case, then notwithstanding anything to the contrary in this Zoning Bylaw, such application shall not be subject to any other provisions of this Zoning Bylaw, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling unit limitations, including but not limited to limitations provided in Section 4.2 ("Phased Development Bylaw") of the Zoning Bylaw. The total number of residential Dwelling Units which can be developed within the OSGOD shall not exceed 530, and such Dwelling Units may only be developed within the Residential Mixed Use Zone and/or the Mixed Use Development Zone defined below and in accordance with the provisions of this Section 17.0.
The following uses are permitted, as more specifically described below:
17.6.1 Residential Mixed-Use Zone
17.6.1.1 Purpose
The purpose of the Residential Mixed-Use Zone is to increase the efficiency of land use, promote a diversity of housing types, emphasize and encourage pedestrian and bicycle circulation, and to encourage the integration of smaller commercial and retail activities to complement the primary residential uses.
17.6.1.2 As-Of-Right Uses
The following uses shall be permitted in the Residential Mixed Use Zone As-of-Right upon Plan Approval pursuant to the provisions of this Section 17:
1. Two-family, three- family, townhouse, and/or Multifamily Residential Use(s), provided that the minimum allowable as-of-right density requirements for residential use specified in Section 17.9 shall apply to the residential portion of a mixed-use development;
2. Assisted living units and facilities;
3. Continuing Care Retirement Center;
4. Independent Elderly Housing;
5. Day care center;
6. Eating and drinking establishment not to exceed 2,000 square feet in gross floor area per user and shall not contain a drive-through facility;
7. Municipal recreation area;
8. Non-profit School;
9. Outdoor recreation area;
10. Personal Services, banking and retail establishments not to exceed 3,000 square feet in gross floor area per user;
11. Places of worship;
12. Private School;
13. Parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking (e.g., parking garages), as well as parking accessory to the uses described in Subsection 17.6.1.3 below; and,
14. Other accessory uses customarily incidental to any of the above permitted uses as determined by the Building Inspector.
17.6.1.3 Uses Allowed By Special Permit
The following uses shall be permitted in the Residential Mixed Use Zone by Plan Approval Special Permit issued by the Plan Approval Authority pursuant to the provisions of Section 17.6.5:
1. Eating and drinking establishment in excess of 2,000 square feet of gross floor area per user, but less than 15,000 square feet of gross floor area per user, provided that such establishment shall not contain a Fast Food Establishment;
2. Personal Services, banking and retail establishments in excess of 3,000 square feet of gross floor area per user but less than 15,000 square feet of gross floor area per user;
3. Nursing and Convalescent Homes;
4. Commuter Rail System; and,
5. Other accessory uses customarily incidental to any of the above permitted uses as determined by the Inspector of Buildings.
17.6.1.4 The total Gross Floor Area devoted to non-residential uses and non-residential accessory uses located within the Residential Mixed Use Zone shall not exceed 75,000 square feet.
17.6.2 Mixed-Use Development Zone
17.6.2.1 Purpose
The intent of the Mixed-Use Development Zone is to provide a transition between primarily residential development and compact, higher density commercial and mixed-use development, to increase the efficiency of land use on land which is Substantially Developed Area, to allow Commercial Projects which may include a mixture of complimentary land uses such as housing, retail, offices, commercial services, and civic uses, to create economic and social vitality and to encourage the linking of trips.
17.6.2.2 As-Of-Right Uses
The following uses shall be permitted in the Mixed Use Development Zone As-of-Right upon Plan Approval pursuant to the provisions of this Section 17.6.5 and other applicable provisions of this Section 17:
1. Agricultural Use;
2. Art Gallery;
3. Businesses, Professional and Other Offices;
4. Day Care Center;
5. Eating and drinking establishment not to exceed 2,000 square feet in gross floor area per user and which shall not be a Fast Food Establishment;
6. Funeral Parlor;
7. Guest house;
8. Medical Center and/or Medical Offices;
10. Outdoor recreation area, including but not limited to, tennis court, basketball court, athletic fields, tot lots, and passive recreation;
11. Personal Services Establishments;
12. Places of Worship;
14. Retail, banking, and service establishments not to exceed 20,000 square feet in gross floor area per user;
15. Parking accessory to any of the above permitted uses as well as uses described in Section 17.6.2.3, including surface, garage-under, and structured parking (e.g., parking garages), as well as parking accessory to the uses described in Subsection 17.6.2.3 below; and,
16. Accessory uses customarily incidental to any of the above permitted uses as determined by the Inspector of Buildings.
17.6.2.3 Uses Allowed By Special Permit
The following uses shall be permitted in the Mixed Use Development Zone by Plan Approval Special Permit issued by the Plan Approval Authority, as Special Permit Granting Authority (SPGA), pursuant to the provisions of this Section 17.6.5:
3. Two-family, three- family, townhouse, and/or Multifamily Residential Use(s), provided that the minimum allowable as-of-right density requirements for residential use specified in Section 17.9 shall apply to the residential portion of a mixed-use development;
4. Assisted living units and facilities;
5. Continuing Care Retirement Center;
6. Independent Elderly Housing;
7. Nursing and Convalescent Homes;
8. Retail and Service Establishments in excess of 20,000 square feet of gross floor area per user but less than 65,000 square of gross floor area per user;
9. Eating and Drinking Establishment provided that such establishment shall not be a Fast-Food Establishment; and shall not exceed 15,000 square feet of gross floor area per user;
10. Incubator or Business Park;
11. Indoor Place of Amusement or Assembly, including but not limited to, arenas, theatres, and athletic or recreational facilities;
12. Indoor Ice Skating Facility;
13. Non-profit school;
12. Private School for profit;
13. Research and Development Facilities; and,
14. Retail Plaza not to exceed 150,000 square feet of gross floor area, where any single user cannot exceed 65,000 square feet of gross floor area.
15. Accessory uses customarily incidental to any of the above permitted uses as determined by the Inspector of Buildings.
17.6.3 Business Opportunity Zone
17.6.3.1 Purpose
The intent of the Business Opportunity Zone is to encourage efficient land use by facilitating compact, high-density retail, commercial, industrial development and other Commercial Projects, and to facilitate development (land use, density and design) that supports public transit if applicable.
17.6.3.2 As-Of-Right Uses
The following uses shall be permitted in the Business Opportunity Zone As-of-Right upon Plan Approval pursuant to the provisions of this Section 17.6.5 and other applicable provisions of this Section 17:
1. Agricultural Use;
2. Art Gallery;
3. Business, Professional and Other Offices;
4. Day Care Center;
5. Funeral Parlor;
6. Medical Center and/or Medical Offices;
8. Places of Worship;
10. Eating and Drinking Establishment;
11. Personal Services Establishment;
12. Municipal Recreation Area;
13. Manufacturing;
14. Printing and Reproduction;
15. Research and Development Facilities;
16. Retail, banking, and service establishments not to exceed 20,000 square feet in gross floor area per user;
17. Parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking (e.g., parking garages), as well as parking accessory to the uses described in Subsection 17.6.3.3 below; and,
18. Accessory uses customarily incidental to any of the above permitted uses as determined by the Inspector of Buildings.
17.6.3.3 Uses Allowed By Special Permit
The following uses shall be permitted in the Business Opportunity Zone by Plan Approval Special Permit issued by the Plan Approval Authority, as Special Permit Granting Authority (SPGA), pursuant to the provisions of this Section 17.6.5:
1. Commuter Rail System;
2. Incubator or Business Park;
3. Indoor Place of Amusement or Assembly, including but not limited to, such uses shall include arenas, theatres, and athletic or recreational facilities;
4. Indoor Ice Skating or other athletic facility;
5. Non-profit school;
6. Outdoor recreation area, including but not limited to, tennis court, basketball court, athletic fields, and passive recreation;
7. Private School for profit; and,
8. Parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking (e.g., parking garages)
9. Retail and Service Establishments in excess of 20,000 square feet of gross floor area per user;
10. Retail Plaza;
11. Public Service Corporation;
12. Windmills up to one hundred-fifty (150) feet to the top of the hub at the center of the rotor; and,
13. Accessory uses customarily incidental to any of the above permitted uses as determined by the Inspector of Buildings.
17.6.4 Prohibited Uses. All uses not expressly allowed are prohibited.
17.6.5 Criteria for Special Permit and Other Applicable Approval by Plan Approval Authority.
17.6.5.1 Any development component for which a special permit is required to be issued by the Plan Approval Authority, as Special Permit Granting Authority pursuant to Section 9 of M.G.L. c.40A, or for a Commercial Project approved under G.L. c. 40A, shall only be issued in accordance with the requirements of this Subsection 17.6.5.
17.6.5.2 The Plan Approval Authority may grant a Special Permit or other approval within the framework of this Section 17 only after holding a public hearing which must be held within sixty-five (65) days after the applicant files for such Special Permit or other approval. The sixty-five (65) days period shall be deemed to have begun with the filing of the application with the Plan Approval Authority. The Applicant is responsible for transmitting a copy of the application for a Special Permit or other approval within twenty-four (24) hours of the filing of the application with the Planning Board and to the Town Clerk.
17.6.5.3 The Plan Approval Authority shall not approve any such application for a Special Permit or other approval unless it finds that in its judgment all the following conditions are met:
1. The specific site is an appropriate location for such a use, structure or condition;
2. The use as developed will not adversely affect the neighborhood;
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use;
5. With regard to a Special permit, the Plan Approval Authority shall not grant any Special Permit unless it makes a specific finding that the use is in harmony with the general purpose and intent of this Zoning Bylaw; and,
6. The use for which the special permit or other approval is sought complies with the dimensional and other criteria described in Sections 17.9 through 17.15 unless otherwise waived as provided therein.
17.6.5.4 In approving a Special Permit, the Plan Approval Authority may attach such conditions and safeguards only to the portion of the development requiring a special permit as are deemed necessary to protect the neighborhood such as, but not limited to, the following:
1. Requirements of front, side, or rear yards greater than the minimum required by this Bylaw:
2. Requirements of screening parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices as specified by the Plan Approval Authority:
3. Modification of the exterior features or appearances of the structure;
4. Limitation of size, number of occupants, method or time of operation, or extent of facilities; and, 5. Regulation of number, design and location of access drives or other traffic features.
17.6.5.5 Special Permits or other approvals granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit or other approval was granted unless substantial use or construction has commenced. If the Applicant can show good cause why substantial use or construction has not commenced within the two (2) year period, the Plan Approval Authority, as its discretion, may extend the Special Permit or other approval for an additional one (1) year period. Included within the two (2) year period stated above, is the time required to pursue or wait the determination of an appeal from the provisions of the Bylaw.
17.6.5.6 The Plan Approval Authority shall also apply the same dimensional, design and other criteria described in Sections 17.9 through 17.15 as applied to As-of-Right uses unless otherwise waived as provided therein.
17.6.5.7 Within (90) days following the date of the public hearing, the Plan Approval Authority shall take final action in the matter in order to issue a Special Permit or other approval provided for in this Section. There shall be at least four (4) of the five (5) members of the Plan Approval Authority voting in favor of issuing the Special Permit or other approval.
17.6.5.8 A Special Permit or other approval granted under the provisions of this Bylaw shall not take effect until: the Town Clerk certifies on a copy of the decision that twenty (20) days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied, and the certified decision has been recorded at the owner's expense in the Essex County Registry of Deeds indexed in the grantor index under the name of the record owner, and noted on the owner's Certificate of Title;
If the Special Permit or other approval involves registered property, the decision, at the owner's expense shall also be filed with the Recorder of the Land Court.
17.6.5.9 At the discretion of the PAA, an Applicant seeking approval of a development including both As-Of-Right uses as well as uses requiring a Special Permit or other approval may combine such applications into a single application, and the PAA may combine both hearings and issue a single decision on such a combined development, provided that all requirements for the As-Of-Right development are complied with in accordance with the Enabling Laws and this Section 17.0, and with respect to uses allowed by Special Permit or other approval, are complied with in accordance with M.G.L. c. 40A.
