The PAA, as a condition of any Plan Approval, may require a Project to be phased to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the proportion of Affordable units and the proportion of market rate units shall be consistent across all phases.
17.8.1 Marketing Plan
As part of any application for Plan Approval for housing within the OSGOD, an Applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. These documents in combination, to be submitted with a Plan Approval application pursuant to Section 17.12 below, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.
17.8.2 Number of Affordable Housing Units
For all Projects, not less than twenty percent (20%) of the housing units constructed in the District shall be Affordable Housing, as required by the Enabling Laws. For purposes of calculating the number of units of Affordable Housing required within the District, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.
17.8.3 Requirements
Affordable Housing shall comply with the following requirements:
1. For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming 1.5 persons per bedroom, unless other affordable program rent limits approved by the DHCD shall apply;
2. For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming 1.5 persons per bedroom; and,
3. Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households.
17.8.4 Design and Construction
Units of Affordable Housing shall be finished, but not furnished housing units. Units of Affordable Housing shall be dispersed throughout the development of which they are part and be compatible in initial construction quality and exterior design to other housing units in the development. The total number of bedrooms in the Affordable Housing shall be, insofar as practicable, proportionate to the total number of bedrooms in all the units in the development of which the Affordable Housing is part.
17.8.5 Affordable Housing Restriction
Each unit of Affordable Housing shall be subject to an Affordable Housing Restriction approved by the PAA which is recorded with the appropriate registry of deeds or district registry of the Land Court and which contains at least the following:
1. Specification of the term of the affordable housing restriction which shall be no less than thirty years, and in the discretion of the PAA, the Restriction may be in perpetuity;
2. The name and address of an administering agency with a designation of its power to monitor and enforce the affordable housing restriction;
3. A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Project or the rental portion of a Project without specific unit identification;
4. Reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law for the Affordable Housing Units; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size;
5. A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan;
6. Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership will be set;
7. Designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions.
8. A requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease or sublease of any unit of Affordable Housing shall be given to the administering agency;
9. Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the administering agency;
10.Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the administering agency and the Town and/or a nonprofit organization, in a form approved by municipal counsel, and PAA, and shall limit initial sale and resale to and occupancy by an Eligible Household;
11.Provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Administering Agency and the Town and/or a non-profit organization, in a form approved by municipal counsel, and the PAA, and shall limit rental and occupancy to an Eligible Household;
12.Provision that the owner(s) or manager(s) of Affordable Rental Unit(s) shall file an annual report to the administering agency, in a form specified by that agency certifying compliance with the Affordability provisions of this Bylaw and containing such other information as may be reasonably requested in order to ensure affordability; and,
13. A requirement that residents in Affordable Housing provide such information as the administering agency may reasonably request in order to ensure affordability.
17.8.6 Administering Agency
An administering agency which may be the Local Housing Authority, or other qualified housing entity (the "Administrating Agency") shall be designated by the PAA as the Administrating Agency for all Projects in the OSGOD. In a case where the Administering Agency cannot adequately carry out its administrative duties, upon certification of this fact by the PAA or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. The Applicant and its successor in title and interest shall pay for the services of the Administering Agency or other such entity providing the services required herein, with such payment not to exceed a reasonable amount for such services to be agreed upon by the PAA and the Applicant. In any event, such Administering Agency shall ensure the following, both prior to issuance of a Building Permit for a Project within the OSGOD, and on a continuing basis thereafter, as the case may be:
1. Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed;
2. Income eligibility of households applying for Affordable Housing is properly and reliably determined;
3. The housing marketing and resident selection plan conform to all requirements and is properly administered;
4. Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given;
5. Affordable Housing Restrictions meeting the requirements of this section are recorded with the proper registry of deeds; and,
6. Enforce, by litigation or otherwise, the Affordable Housing Restrictions and the foregoing requirements.
17.8.7 Housing Marketing and Selection Plan
The housing marketing and selection plan may make provision for payment by the Project applicant of reasonable costs to the administering agency to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements.
17.8.8 Age Restrictions
The District shall not include the imposition of restrictions on age upon the entire District, but the development of specific Projects within the District may be exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable fair housing laws and not less than twenty-five percent (25%) of the housing units in such a restricted Project shall be restricted as Affordable units. Any Project, which includes age-restricted residential units, shall comply with applicable federal, state and local fair housing laws and regulations.
17.8.9 Twenty Percent Requirement
For all Projects where the Affordable Units proposed are Homeownership Units, not less than twenty percent (20%) of the total housing units constructed in a Project shall be Affordable Housing. For all Projects where the Affordable Units proposed are Rental Units not less than twenty five percent (25%) of total housing units in any building containing rental units shall be Affordable Housing; provided, however, that 20% of such units may be affordable where the Affordable Units are restricted to households earning less than 50% of area median income. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.
17.8.10 Phasing
For housing that is approved and developed in phases, the proportion of Affordable Housing Units (and the proportion of Existing Zoned Units to Bonus Units as described in 760 CMR 59.04 1(h)) shall be consistent across all phases.
17.8.11 Computation
Prior to the granting of any Building Permit for the housing component of a Project, the Applicant must demonstrate, to the satisfaction of the PAA, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town of North Andover.
17.8.12 No Waiver
Notwithstanding anything to the contrary herein, the Affordability provisions in this Section 17.8 shall not be waived.
Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements applicable in the OSGOD are as follows:
Notes:
1. Refer to Section 17.9.1
2. Allowable Dwelling Units Per Acre shall mean the maximum number of Dwelling Units per acre averaged over the entire Residential Mixed Use Overlay District.
17.9.1 Interpretation of Table
1. A front yard setback of 50 feet for property within the OSGOD shall apply only to front yards abutting Route 125 (Osgood Street). There shall be no front yard setback requirement unless specified in the Subdistrict.
2. Open Space shall be "Useable Open Space" which is defined as the part or parts of land within the OSGOD, which are reserved for permanent open space or passive recreation use. This space shall exclude parking areas, but include required setbacks and walkways. 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, such items as streetscape elements (lights, planters, benches, etc.), outdoor areas devoted to dining, caf or similar uses, and decorative surface treatments for sidewalks and other hard surfaces (such as pavers, cobblestones or concrete surface treatments designed to resemble pavers or cobblestones), and similar objects shall not be considered obstructions. No more than 25% of the total amount of required Usable Open Space shall be "wetland" as defined by the requirements of M.G.L. Chapter 131, Section 40, and the Town's Wetland Bylaws.
Notwithstanding anything to the contrary in this Zoning Bylaw, the parking requirements applicable in the OSGOD are as follows:
17.10.1 Interpretation of Table.
1. Unless otherwise approved by the PAA, a minimum of 1 and a maximum of 2.0 off- street parking spaces shall be provided for each residential unit, inclusive of parking spaces within garages. The PAA may allow for additional visitor parking spaces beyond the 2.0 maximum spaces per unit if deemed appropriate given the design, layout and density of the proposed residential or other development. The PAA may allow for a decrease in the required parking as provided in Subsections 4.a through 4.f below. Notwithstanding anything to the contrary herein, an Applicant may satisfy the parking requirements herein even though parking may not be located within the same Subdistrict as the specific use, provided that suitable arrangements to the satisfaction of the PAA are in place to allow for the use of such parking to satisfy the parking requirement;
2. A parking space shall mean an area of not less than 9' x 18', accessible over unobstructed driveways not less than 24' wide.
3. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g. the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies);
4. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced upon a demonstration to the reasonable satisfaction of the PAA that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:
a. The availability of surplus off street parking in the vicinity of the use being served and/or the proximity of a bus or an MBTA transit station;
b. The availability of public or commercial parking facilities m the vicinity of the use being served;
c. Shared use of off street parking spaces serving other uses having peak user demands at different times;
d. Age or other occupancy restrictions which are likely to result in a lower level of auto usage;
e. Impact of the parking requirement on the physical environment of the affected lot or the adjacent lots including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and,
f. Such other factors as may be considered by the PAA.
17.11.1 Intent
In order to ensure high-quality development within the OSGOD and to ensure design that respects the built and natural character of North Andover, the following design standards are established. These standards are intended to be flexible, and applied by the Plan Approval Authority as appropriate to the development as part of the site plan review process to enable the purpose of this District to be realized. While these guidelines apply to all site improvements and buildings and structures, it is not the intent of this section to prescribe or proscribe use of materials or methods of construction regulated by the state building code, but rather to enhance the appearance of the built environment within an OSGOD. In the case of inconsistency between applicable federal and state law, including without limitation state building code or life safety codes and these Design Standards, the applicable federal and state laws, rules and regulations shall govern.
The placement of buildings and structures in an OSGOD shall:
1. Provide for buffering of buildings and structures to adjoining properties either within the proposed OSGOD or to adjacent land uses. Such buffering includes, but is not limited to: landscaping, screening materials, natural barriers, fencing, and related measures;
2. Development should acknowledge Route 125 as its front entry. Rooftop equipment shall be appropriately screened to avoid visual impacts to residential uses;
3. Buildings adjacent to usable open space should generally be oriented to that space, with access to the building opening onto the open space;
4. Provide street trees with tree grates or in planter strips, using appropriate species to provide summer shade, and winter light. Species should be native, resistant to salt and drought, and be tolerant of urban conditions;
5. Orient structures to provide pedestrian entrances to the sidewalk;
6. Street design standards shall not be limited to defined rights of way but shall also apply to driveways and internal ways which function as streets;
7. Trash collection and dumpster locations shall be appropriately located and screened to avoid adverse impacts on neighbors and neighboring properties. Within a development, the containment of all solid waste storage and handling within the building(s) of the development is encouraged; and,
8. Any loading docks or areas associated with the mixed-use development component shall be located to minimize (visual and operational) impacts on the site and on neighboring properties.
17.11.3 Open Space
1. Create open space parks within the development;
2. Mature street trees have a high value to the development; minimize departures from development standards that would impair the health of a mature trees;
3. Use landscape materials that are native, sustainable, requiring minimal irrigation or fertilizer; and,
4. Encourage alternative and green paving materials to minimize stormwater run-off.
17.11.4 Building Massing/Articulation
The massing of buildings shall:
1. Avoid unbroken building facades longer than fifty feet (50'). Buildings shall not be longer than two hundred ten (210') feet in length, unless waived by the PAA. In approving building lengths that exceed 210', the PAA must find that pedestrian circulation is enhanced by the provision of archways, passageways, or other similar throughways;
2. Mixed-use buildings should incorporate the use of dual facades to foster integration of uses where appropriate;
3. Provide a variety of building heights and varied roofline articulation; and,
4. Buildings on corner lots shall be oriented to the corner and public street fronts. Parking and automobile access shall be located away from the corners, where practical.
17.11.5 Building Appearance and Treatment
To the extent not inconsistent with or pre-empted by the state building code, the following shall be considered as applicable:
1. It is not intended that buildings be totally uniform in appearance or that designers and developers be restricted in their creativity. Rather, cohesion and identity can be demonstrated by:
a. Similar building scale or mass;
b. Consistent use of facade materials;
c. Similar ground level detailing, color or signage;
2. 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.
3. New Buildings. The design of new buildings shall incorporate architectural features, such as:
a. Transom or clerestory windows above entrances, display windows and projected bay windows are encouraged within commercial, retail, and industrial developments.
b. Multiple paned windows that divide large areas of glass into smaller parts shall be used.
c. Incorporate building entry treatments that are arched or framed and protects people from the elements.
d. Non-reflective storefront windows and transoms; architectural detailing on the first floor; and detailing at the roofline.
4. Ground Floor. Transparent, open facades for commercial uses at street level;
5. Middle Floors. Architectural features may include change in materials and color and/ or texture that enhance specific elements of the building; and,
6. Top Floors. Clearly distinguish tops of buildings from the facade walls by including detail elements such as steep gables with overhangs, parapets and cornices.
17.11.6 Development Environment
Pedestrian Open Spaces and Entrances.
1. Entries for residential uses on the street (rather than from the rear of the property);
2. Overhead weather protection shall be designed to minimize gaps in coverage, except to accommodate street trees;
3. Sidewalks shall be surfaced with concrete, brick, or stone materials unless waived by the SPGA; minimum width shall be five feet unless waived by the SPGA; and,
4. Benches for seating shall be provided near retail entrances and at bus stops. At bus stops, such benches shall offer protection from the weather.
17.11.7 Landscaping
The landscape design shall strive to provide greenery so that streets and access drives are lined with shade trees, large paved areas are visually divided and screened and buffers are provided within and around the development. Said landscape design shall be prepared and stamped by a registered landscape architect. Landscaping criteria are as follows:
1. Native trees and shrubs shall be planted wherever possible such as lilac, viburnum, day lilies, ferns, red twig, dogwood, oak, maple, sycamore, linden, hawthorne, birch, shadbush, etc.).
2. Provide hedges or continuous shrubs to screen parking areas from streets, where practical;
3. All buildings shall have foundation landscaping, where practical;
4. All islands and landscape areas shall be of a minimum width and size to support healthy plant growth. The minimum width for plant beds shall be five (5) feet and an eight (8) foot width for trees;
5. 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;
6. Deciduous trees shall be placed along new and existing streets and ways. Street Trees shall be located every thirty feet (30') on center along both sides of the roadway within the District. The species of street trees selected shall be a minimum of four different species from the list of recommended street trees below:
a. Plantanus acerifolia (London Planetree);
b. Fraxinus pennsylvanica (Green Ash);
c. Ginkgo biloba (Ginkgo);
d. Gleditsia triacanthos inermis (Honeylocust);
e. Maple;
f. Oak;
g. Tilia cordata (Little leaf Linden);
h. Pyrus calleryana (Chanticleer Callery Pear); and
i. Zelkova serrata (Japanese Zelkova)
The existing roadways, Route 125 and the existing property driveway, shall have larger trees that typically grow to heights greater than fifty feet. The species of street trees selected shall be a minimum of four different species from the list of recommended street trees below:
a. Picea pungens (Colorado Blue Spruce);
b. Picea abies (Norway Spruce);
c. Fagus grandifolia (American Beech);
d. Fraxinus Americana (White Ash);
e. Betula alleghaniensis (Yellow Birch);
f. Acer saccharum (Sugar Maple);
g. Acer rubrum (Red Maple);
h. Quercus rubra (Northern Red Oak);
i. Quercus coccinea (Scarlet Oak);
j. Platanus acerifolia (London Planetree); and
k. Betula papyrifera (Paper Birch)
7. 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, sixteen feet (16') maximum height on minor roads and twenty-four feet (24') maximum height on major roads;
8. Preservation of existing vegetation or tree-lined areas shall be maintained; and,
9. 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 (DEP) Stormwater Best Management Practices and other measures to minimize runoff and improve water quality shall be implemented. It is also generally intended that said space be designed and located to connect with existing off-site usable open space, and provide potential for connection with future open space by extending to the perimeter of the development particularly when a plan exists for the location and networking of such future open space.
17.11.8 Lighting
1. All artificial lighting used to illuminate residential, commercial, and 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 asses;
2. Lighting in display windows to illuminates the sidewalk is recommended;
3. Architectural lighting to complement the architecture of the structure including transparent windows allowing views into and out of the structure;
4. Fixtures that produce glare or that spill light to adjoining sites are prohibited; and,
5. Installation of pedestrian light fixtures as part of a development's sidewalk improvements is strongly encouraged.
17.11.9 Parking Lot Landscaping
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 6 parking spaces:
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; and
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 18 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 9 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; and,
5. Trees required by this section shall be at least 2.5 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. Native trees and shrubs shall be planted wherever possible including species such as lilac, viburnum, day lilies, ferns, red twig, dogwood, oak, maple, sycamore, linden, hawthorne, birch, shadbush, etc.
17.11.10 Pedestrian Amenities and Recreation Development shall include the following components:
1. Provide long-term, covered, bicycle parking areas;
2. Provide well-lit, transit shelters where necessary;
3. Pedestrian-oriented features such as walkways, pergolas, outdoor sitting plazas, landscaped open space, drop-off areas, and recreational facilities shall be emphasized, and bike racks shall be provided in appropriate locations throughout the site; and,
4. Tree-lined or otherwise appropriately landscaped pedestrian paths and walkways shall link together areas designated as open space within the site, and wherever possible, to adjoining public areas.
17.11.11 Utilities Basic Requirements
1. Installation: All utility lines, and/or other subsurface facilities within the street rights-of-way shall be installed prior to the placement of the roadway sub-base materials. All electrical and communications lines shall be installed underground. Communications lines shall include, but not be limited to, telephone, Internet and cable;
2. Identification: The applicant shall provide and install utility identification tape for all underground utility installations. The tape shall be placed in the trench a minimum of twelve inches (12") above the pipe, conduit or cable and not less than twelve inches (12") below the finished grade;
Identification tape for utilities shall be traceable, durable, and either non-biodegradable plastic or metallic, and shall be approximately six inches (6") wide by four thousandths (.004) inches, or four mil, in thickness;
The following colors shall be used unless otherwise specified in the state building codes:
a. Orange - Gas
b. Yellow - Electric
c. Green - Communications (telephone, cable, fire alarm)
d. Blue - Water
e. Red - Sanitary Sewer
3. Easements: Wherever necessary, the Board shall require perpetual, unobstructed easements for sewers, storm drains, power lines, water mains and other utilities. Such easements shall be a minimum width of twenty feet (20'), centered on the utility, and shall be indicated on the site plan approved pursuant to the Plan Approval decision by metes and bounds. The width of an easement may be changed if determined to be acceptable by the PAA or Department of Public Works:
a. Easements for water, sewer, electric, telephone lines and drainage piping or channels shall be provided at locations determined by the Board and the Department of Public Works for the provision or extension of utilities within the development or to adjacent properties;
b. Where the development is traversed by any open watercourse, drainage way, channel or stream, an easement shall be provided which substantially conforms to the lines of such features for the purpose of protection against encroachment or alteration;
c. Where such easement or any part thereof crosses or appears on any developed lot in the development, the deed for said lot shall provide a restriction that shall run with the lot, which prohibits any encroachment or alteration within such easement;
d. Utility easements into or crossing any open space or protected area shall be prohibited unless approved by the Board upon the recommendation of the Department of Public Works;
e. Where easements have been approved entering into or crossing open spaces or protected areas they shall be restored to reflect as nearly as possible the conditions existing prior to the easement. Vegetative visual buffering required by the Planning Board in such easements shall be the responsibility of the developer and shall be reflected in the development performance guarantee;
f. Easements for access to parks and conservation lands abutting a proposed development may be required by the Board. These easements shall be at a width determined by the Board to be sufficient for their purpose but will not normally exceed twenty (20') feet in width;
g. The developer may be required to obtain off-site drainage easements when, in the Board's opinion, the development will cause an increase or change in the surface water volumes or velocities, either through open channels or through culverts into or onto any abutting properties; and,
h. Where the easement is accessible from the street, the side slope shall be no greater than four feet (4') horizontal to one foot (1') vertical. The first twenty feet (20') of the easement from the back of sidewalk, or edge of roadway, shall have a twelve inch (12") deep base of gravel sub- base material beneath the topsoil to support maintenance equipment.
17.11.12 Signage Associated With The Residential Use Component
The residential component shall be limited to three types of sign: name of site, orientation and direction, and to identify common building spaces. At each principal entrance to the site, only one sign identifying the name and address of the development shall be permitted. The sign shall be limited to identifying the name and address of the development. 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.
The following signs are prohibited in the OSGOD: roof signs, interior illuminated and ground signs (except those associated with the development entrance).
17.11.13 Signage Associated With the Non-Residential and Mixed-Use Component
The PAA shall approve signage within the non-residential and mixed-use components of the district(s) as part of the site plan review process. One sign will be permitted at the principal entrance(s) to the non- residential portion of the property. The sign shall be limited to identifying the name and address of the development.
1. One sign per non-residential use is permitted. The attached or hanging sign shall not exceed, in total area, more than ten percent (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 by-law;
2. 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 ten percent (10%) of wall area;
3. Temporary unlighted signs inside windows, occupying not more than twenty percent (20%) of the area of the window requires no sign permit;
4. No sign shall project more than three (3) feet over any public right-of-way. The sign shall be covered by appropriate liability insurance as determined by the Building Inspector and verified by a certificate of insurance filed with the Town Clerk;
5. Building directories shall be located inside of the building;
6. Traffic Control orientation and guidance signs located on private property, up to four (4) square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like;
7. Design Standards for Signs:
a. These standards are not mandatory.
b. Sign content normally should not occupy more than forty percent (40%) of the sign background, whether a signboard or a building element.
8. Environmental Relationship
a. Overhanging signs should be used only in such circumstances as on side streets where overhanging positioning is necessary for visibility from a major street;
b. Sign brightness should not be excessive in relation to background lighting levels, e.g., averaging not in excess of one hundred foot-lamberts and not in excess of twenty foot-lamberts in unlighted outlying areas.
9. Building Relationship:
a. 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.
10. Sign Master Plans. Notwithstanding anything to the contrary to the language contained in Section 17.11.12 and 17.11.13, an Applicant may, in lieu of seeking compliance with the sign provisions described, propose a Master Plan for signs to be permitted on the premises by the PAA. Such sign master plan shall include a listing of each sign type, square footage, location, height, color, materials, and such other information as may be requested by the PAA to confirm that the Master Plan, once implemented, shall consist of a single coordinated and clear plan for signage within said premises which generally conform to the Guidelines described in Sections 17.11.12 and 17.11.13, as applicable.
17.11.14 Roadways
Private roadways shall be allowed in OSGOD.
1. While roadway surface widths may be narrower than widths associated with a traditional subdivision, the durability of private roadway surfaces and sub surfaces within an OSGOD and should be designed based on standard engineering principals. Waivers of the following standards may be granted when appropriate. The following criteria apply:
2. 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 eighteen feet (18) or more than twenty six (26) feet for two-way traffic, or less than fourteen (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;
3. Parking and vehicle access:
a. Provide for continuous sidewalks that are minimally broken within a block by vehicular access.
b. Unstructured surface parking areas facing the main street frontages are discouraged.
c. Parking areas shall be setback from structures, property lines and internal ways by a minimum of 10 feet.
d. Multipurpose parking areas paved with unit pavers are encouraged (i.e., areas that serve both parking and public open space needs).
4. All two-way traveled ways shall provide a pedestrian sidewalk of a minimum six-foot (6') 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 six (6) percent, and at the intersections with arterial streets;
5. Crosswalks with handicap accessible curb cuts shall be provided at all intersections. All crosswalks and curb cuts shall comply with the requirements of the Massachusetts Architectural Access Board (MAAB) and/or Americans with Disabilities Act (ADA) requirements; and,
6. Streetscape elements shall be encouraged, including:
a. Sidewalks and crosswalks as noted above;
b. Ornamental street lights, sixteen feet (16') maximum height on minor roads, twenty-four feet (24') maximum height on major roads;
c. Brick, concrete or other specialty pavements at building entrances;
d. Ornamental fences of less than thirty inches (30") in height, when appropriate;
e. Ornamental bollards to direct pedestrian traffic and define public space.
17.11.15 Storm Drainage
Storm water 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, as well as local bylaws.
The design, construction and maintenance of stormwater systems shall be consistent with the following:
1. Detention / Retention Basin Side Slopes. Basin area side slopes shall be kept as close as possible to natural land contours, i.e. ten percent (10%) or less wherever possible. A maximum 3:1 side slope shall be constructed for the interior of the basin areas. For security purposes fencing may be required by the PAA. Drainage basins shall be designed to facilitate access for maintenance vehicles and personnel;
2. Drainage Easements. If it is necessary to carry drainage across lots within the development, storm drainage easements shall be provided, of such width and construction as will be adequate to accommodate the volume and velocity of the run-off. However, no such easement shall be less than thirty feet (30') in width;
If a proposed drainage system would carry water across land outside the development boundaries to an approved outfall, appropriate drainage rights shall be secured by the applicant at the applicant's expense, and shall be referenced on the 40R Plan;
3. Discharging runoff directly into rivers, streams, watercourses, or enlarging the volume, rate or further degrading the quality of existing discharges/runoff is prohibited. Runoff shall be routed through vegetated swales, using native species and other structural and nonstructural systems designed to increase time of concentration, decrease velocity, increase infiltration, allow suspended solids to settle and remove pollutants. Such systems will utilize overland flow and re-infiltration as priority techniques for the treatment of run-off;
4. Retention and detention ponds, and methods of overland flow may be used to retain, detain and treat the increased and accelerated runoff which the development generates;
5. There shall be a minimum of two (2') feet of naturally occurring soils between the detention basin bottom and the maximum annual ground water table;
6. Water shall be released from detention ponds at a rate and in a manner approximating the natural conditions which would have occurred before development;
7. Intermittent water courses such as swales shall be vegetated;
8. The first one (1") inch of runoff from impervious surfaces, such as rooftops and paved surfaces, shall be treated in the site of the development;
9. Runoff from parking lots and streets shall be treated to remove oil and sediments. Catch basins shall be provided with hoods; in the alternative, drainage outfalls shall discharge to low velocity "vegetated treatment" swales;
10. The use of drainage facilities and vegetated buffer zones as open space and conservation areas shall be encouraged; and,
11. Neighboring properties shall not be affected by flooding from excessive runoff.
17.11.16 Water Facilities
1. 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 the 40R plan;
2. Fire Hydrants. Fire hydrants shall be required throughout the entire development. Fire hydrants, with hydrant markers, shall be located not more than five hundred feet (500') apart; shall be approved, in writing, as to location by the Fire Chief and the DPW; and shall be shown on the 40R Plan;
3. 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;
17.11.17 Sewer
1. Installation. In the event that the Town sanitary sewer system is located within an existing public way within four hundred feet (400') measured along the existing public way or proposed roadway of the development, the applicant shall be responsible for connecting all lots to the 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 a permit for extension/connection of the sewer system issued by the Massachusetts Department of Environmental Protection's Division of Water Pollution Control.
17.11.18 Electric and Communication Lines
1. 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;
2. 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.
17.11.19 Street Signs
Street signs shall be installed at all intersections in conformity with the specifications of the Department of Public Works. The signposts at the intersection of each street with any other street, shall have affixed thereto a sign designating such street as a private way.
17.11.20 Monuments
Monuments shall be four feet long, 6 inch square concrete or granite, and shall be installed at all roadway intersections, at all points of change in direction or at curvature of roadways, at two (2) property corners of all new lots and at any other points where, in the opinion of the Board, permanent monuments are necessary.
1. 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 one thousand feet (1000');
2. Monument Materials. Monuments shall be standard granite markers of not less than four feet (4') in length and not less than five inches (5") square, and shall have a drill hole in the center. If subsoil conditions prohibit installation of four (4') 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
3. 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.
17.11.21 Subzone Design Standards
1. Residential Mixed-Use Zone
Location: As shown on the OSGOD Map.
a. Building Type: The dwelling units in Residential Mixed-Use Zone may be situated in a single structure or in multiple structures.
b. Nonresidential Uses: If a building containing residential uses also includes permitted retail, restaurant, and professional services or other uses in the Residential Mixed-Use Zone, the nonresidential uses shall be centrally located on the ground floor of the building in which it is contained. Notwithstanding the foregoing, non-residential uses are preferred, but not required, to be located in buildings containing residential uses, and non-residential uses may be located in buildings which are separate from buildings containing residential uses as long as the non- residential use and building are designed to complement the primary residential use.
2. Mixed-Use Development Zone
Location: As shown on the OSGOD Map.
a. Building Type: For buildings which include a mix of residential and non-residential uses, the dwelling units in such buildings shall be situated over the allowed non residential space. Buildings may also be constructed which contain either solely residential uses or solely non- residential uses.
b. Nonresidential Uses: Non-residential uses are not required to be located in buildings containing residential uses, and non-residential uses may be located in buildings which include no residential uses.
3. Business Opportunity Development Subzone
a. Permitted uses in the Business Opportunity Development Subzone shall not exceed 150,000 square feet per development unless waived by the PAA.
