1. Intent and Purpose.

This Section 4.2.1 is adopted pursuant to the provisions of Massachusetts General Laws, Chapter 40A and the Home Rule Amendment, Article 89 of the Massachusetts Laws, Chapter 40A and the Home Rule Amendment, Article 89 of the Massachusetts Constitution, for the following purposes:

a) to ensure that growth occurs in an orderly and planned manner, at a rate that can be supported by Town services, while avoiding large year to year variations in the development rate:

b) to allow the Town time to update and implement its Master Plan and Housing Plan and to provide the Town with time to study the effect of growth on the municipality's infrastructure, character, and municipal services, and to continue municipal comprehensive planning studies necessary to provide orderly growth;

c) to allow the Town time to study, plan for, and provide an additional source of water so as to protect the Town's water supply for future growth;

d) to relate the timing of residential development to the Town's ability to provide adequate public safety, schools, roads, municipal infrastructure, and human services at the level of quality which citizens expect, and within the Town's ability to pay under the financial limitations of Proposition 2 1/2;

e) to allow departments from the strict application of the growth rate measures herein in order to encourage certain types of residential growth which address the housing needs of specific population groups or which provide significant reductions in the ultimate residential density of the Town.

2. Definitions.

For the purposes of this Bylaw, the following terms shall have the following meaning:

a) ANNIVERSARY DATE for each subdivision, special permit, or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been obtained.

b) DEVELOPER any individual who either as an individual, a beneficial owner of a real estate trust, a partner in a partnership, or an officer or owner of a corporation, requests one or more building permits for the construction of new dwelling units.

c) DEVELOPMENT shall mean a single parcel or set of contiguous parcels of land held in substantial common ownership, regardless of form, at any time on or after the date of adoption of this bylaw, for which one or more building permits are sought.

d) PHASED DEVELOPMENT SCHEDULE shall mean a schedule authorized by the Planning Board or its authorized designee in accordance with this Section, which outlines the maximum building permit issuance per development.

3. Regulations.

a) Beginning on the effective date of this section, no building permit for a new residential dwelling unit or units shall be issued unless in accordance with the regulations of this section, or unless specifically exempted in Section 6 below, or by the provision of MGL, s. 40A, c. 6.

b) The regulations of this section shall apply to all definitive subdivision plans, subdivisions not requiring approval, contiguous Form A lots held in common or related ownership on the effective date of this by-law, site plan review applications, and special permits, which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development for purposes of development scheduling if located either on a single parcel or contiguous parcels of land that have been in the same ownership at any time on or subsequent to the date of adoption of this section.

c) For all building lots/dwelling units covered under Subsection 3(b), the Planning Board is authorized to approve a Phased Development Schedule for that lot/unit in accordance with Section 4a.

d) The request for authorization of a Phased Development Schedule shall be made on forms provided by the Planning Board. Requests will include any and all information necessary to demonstrate eligibility and compliance with these regulations.

e) No building permits for new dwelling units shall be issued until the Phased Development Schedule has been recorded in the Essex County Registry of Deeds and a certified copy of the Phased Development Schedule has been filed with both the Planning and Building Departments.

f) Upon transfer of any lot or unit subject to this section, the deed shall reference the Phased Development Schedule and state the earliest date on which construction may be commenced in accordance with the provision of this bylaw.

g) If a proposed subdivision includes any lots that are within 500 feet of lots in another subdivision held in common or affiliated ownership, then both subdivisions shall be construed to be a single subdivision for the purposes of this Bylaw.

h) Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board or an authorized agent. Subsequent changes in the shape or ownership of lots shall not render the provisions of this Bylaw void.

i) Building permits shall be issued in accordance with the Phased Development Schedule. However, the Planning Board may, without a public hearing and upon written request from The applicant, permit up to twice the allowed annual maximum permitted for that project under the provisions of this Bylaw, provided that building permits issued in succeeding years shall be limited to less than the permitted maximum, if necessary, to insure that the overall number of allowed permits is not exceeded.

j) The Planning Board, in conjunction with the Building Inspector, shall be responsible for administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and publish reasonable regulations for carrying out its duties under this section. In particular, these regulations shall address the conditions and processes for authorizing building permits on an annual basis.

4. Phased Development Schedule

a) Building permits for new dwelling units shall be authorized only in accordance with the following Phased Development Schedule:

No Phased Development Schedule shall exceed seven years. Notwithstanding anything to the contrary in this Zoning Bylaw, the Planning Board may approve an alternative Phased Development Schedule, provided that in doing so, the project is consistent with any one of the purposes set forth under Section 4.2.1 above.

b) The number of lots eligible for building permits in the first year of the development shall be prorated from the anniversary date to December 31. Fractions of .5 or greater shall be rounded up to the nearest number and fractions less than .5 shall be rounded down.

c) If as a result of an applicant seeking approval of a second plan of development on a parcel of land for which authorizations have been previously granted, a second plan is approved, a new Phased Development Schedule shall be established. The second schedule shall supersede the first Phased Development Schedule at the time a building permit is issued based on the second plan for any lot lying wholly or partially within the parcel subject to the new development schedule.

d) The Planning Board, in approving the second plan, shall determine the number of authorizations from the first plan that would be abated based on the second plan's approval. This number shall be used by the Building Inspector in revising the authorization schedules due to abatements.

5. Requirements.

a) All definitive subdivisions, Form A approvals, special permits, and site plan review applications shall include a proposed Phased Development Schedule by the applicant.

b) Phased Development Schedules.

i. Phased Development Schedules shall be determined by the Planning Board at the time of approval of any such application. Such schedules shall be included as a condition of approval of the application.

ii. The Building Inspector shall be authorized to issue revised Phased Development Schedules based solely on approvals granted by the Planning Board.

iii. All Phased Development Schedules with approved authorization shall be recorded with the application approval decision with the Town Clerk. No building permits shall be issued pursuant to the schedule until the applicant records the approval decision with the Phased Development Schedule at the Registry of Deeds.

6. Exemptions.

The following developments are specifically exempt from the provisions of this bylaw.

a) An application for a building permit for the enlargement, restoration, or reconstruction of a dwelling in existence as of the effective date of this by-law, provided that no additional residential unit is created.

b) Definitive subdivision approvals, special permits, Form A lots and site plan approvals, and development schedules made and approved prior to the date of adoption of this by-law shall be exempt from the provisions of this by-law. The Planning Board shall have exclusive authority to render all decisions on exemption requests.

c) Dwelling units for low and/or moderate income families or individuals, where all of the following conditions are met:

i. Occupancy of the units is restricted to households qualifying under Local Initiative Programs and the New England Fund as administered by the Massachusetts Department of Housing and Community Development.

ii. The affordable units are subject to a properly executed and recorded in perpetuity deed restriction running with the land that shall limit the succeeding resale price to an increase of 10 percent, plus any increase in the consumer price index, plus the cost of any improvements certified by the Building Inspector.

d) Dwelling units for senior residents, where occupancy of the units is restricted to senior persons through a properly executed and recorded in perpetuity deed restriction running with the land. For purposes of this Section "senior" shall mean persons over the age of 55.

e) Development projects which voluntarily agree to a minimum 40% permanent reduction in density, (buildable lots), below the density, (building lots), permitted under zoning and feasible given the environmental conditions of the tract, and as determined and approved by the North Andover Planning Board with the surplus land equal to at least ten buildable acres and permanently designated as open space and/or farmland. The land to be preserved shall be protected from development by an Agricultural Preservation Restriction, Conservation Restriction, and dedication to the Town, or other similar mechanism approved by the Planning Board that will ensure its protection.

f) Any tract of land existing and not held by a Developer in common ownership with an adjacent parcel on the effective date of this Section shall receive a one-time exemption from the development Scheduling provisions for the purpose of constructing one single family dwelling Unit on the parcel.

7. Zoning Change Protection

Any protection against zoning changes provided by M.G.L. c. 40A, s. 6, shall be extended to the earliest date on which the final unit in the development could be authorized under this bylaw.

8. Severability

The provisions of this by-law are hereby declared severable and if any provision shall be held invalid or unconstitutional, it shall not be construed to affect the validity or constitutionality of any of the remaining.

9. Expiration

The provisions of this Section 4.2 shall expire on July 1, 2009.

1. Intent

The residential Adaptive Re-Use Special Permit is hereby established as a Special Permit in the R1, R2, R3 and R4 residential districts on lots that are directly contiguous to lots in non-residentially zoned districts established by this Bylaw.

2. Purpose

The purpose of this special permit is to encourage the creative re-use and conversion of existing residential structures adjacent to commercial and industrial parcels to a commercial use or mixed use in order to preserve historical structures, provide for additional tax revenue for the Town, provide flexibility to landowners, and to create a transition between residential and business areas.

3. Applicability/Eligibility

A lot is eligible to receive a Residential Adaptive Re-Use Special Permit based on the provisions of Section 4.3(6) of this Bylaw, only if at the time of application (and based on the Zoning Map in effect at that time) the subject lot is:

A) within the R1, R2, R3 and R4 districts; AND

B) is directly contiguous (i.e. directly touching and not separated by a roadway or another parcel) to a parcel in a non-residential district (B 1-B4, VC, GB, I1-3 and IS).

4. Permitted uses by Special Permit include:

A) Existing residential uses;

B) Multifamily dwelling;

C) Uses which involve historic materials or relate to the attraction provided by an historic atmosphere, such as museums, local arts and crafts shops, antique shops, woodworking, furniture repair, or restaurants;

D) Enterprises whose principal use is the sale of agricultural products, such as greenhouses, orchards, nurseries, food co-ops, or farm products stores.

E) Enterprises whose principal use is the sale of products produced in North Andover, such as local agricultural products or crafts;

F) Personal service office;

G) Professional offices;

H) Business offices;

I) Medical offices;

J) Community resources such as banks, churches, schools, or libraries;

K) Interior storage uses such as for boats or furniture; and

L) Any appropriate combination as determined by the ZBA of the uses stated above.

5. Performance Standards, Restrictions & Additional Requirements

A) Permitted uses shall be limited to the existing structures on the lot. However, in addition to ZBA special permit approval for the proposed use, an applicant may apply to the ZBA for a special permit to expand the size of the existing structures by up to 25% of the footprint of the structure as it existed on the date of enactment of the Residential Adaptive Re-Use Special Permit.

B) The use permitted by this Special Permit shall not be considered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way objectionable to or detrimental to any residential use within the neighborhood.

C) There will be no display of goods or wares visible from the street, with the exception of locally produced agricultural goods.

D) There shall be no exterior alterations that are not customary or harmonious with the residential character of the building.

E) Any additions to the structure above must comply with the setbacks and dimensional requirements of the corresponding residential district and non-conforming uses must comply with the requirements outline in Section 9 of this Bylaw.

F) No more than 25% of the existing structure may be demolished.

G) A minimum of 30% of the remaining lot area must remain permeable material such as, but not limited to, vegetation, mulch, and trees, unless specifically waived by the Planning Board during site plan review.

H) Any new parking must meet the current parking requirements as designated in Section 8. 1, Off Street Parking, shall be located to the rear or side of the building, and shall be screened from the road and abutting properties to be compatible with the character of the neighborhood. Screening shall consist of one or more of the following: fencing, vegetation, flora, deciduous shrubs and/or trees.

I) The ZBA and Planning Board may grant special permits for prospective uses and site plans in order that owners may renovate for approval for specific businesses or tenants. Evidence shall be provided that the project is in accordance with the current North Andover Master Plan and if applicable, with the guidelines set forth in The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1983) (36CFR67) in terms of the rehabilitation of the building and its site.

6. Application and Approval Procedure

A) In order to obtain a Residential Adaptive Re-Use Special Permit, an applicant must receive a special permit from the North Andover ZBA approving the intended use and any proposed expansion in accordance with Section 9.3(5) of this By-Law.

B) After such approval has been obtained from the ZBA, the applicant must obtain a Site Plan Special Permit from the Planning Board as referenced in Section 8.3 of the Town of North Andover Zoning Bylaw.