Town of Andover, MA
Essex County
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Table of Contents
Table of Contents

8.1 WATERSHED PROTECTION OVERLAY DISTRICT.

8.1.1 Purpose.

8.1.2 Establishment.

8.1.3 Overlay District.

8.1.4 Permitted Uses.

8.1.5 Special Permit Uses.

8.1.6 Prohibited Uses.

8.1.7 Design Standards.

8.1.8 Special Permit Procedures.

8.1.9 Decision.

8.1.10 Conditions and Restrictions.

8.1.11 Severability.

8.2 FLOOD HAZARD OVERLAY DISTRICT.

8.2.1 Purpose.

8.2.2 Location.

8.2.3 Overlay District.

8.2.4 Regulations.

8.2.5 Special Permit.

8.2.6  

8.3 (RESERVED)

8.4 MIXED USE DISTRICT.

8.4.1 Purpose.

8.4.2 Design Standards.

8.4.3 Review Requirements.

8.5 INDUSTRIAL D DISTRICT.

8.5.1 General.

8.6 GROUNDWATER PROTECTION OVERLAY DISTRICT.

8.6.1 Purpose.

8.6.2 Establishment And Delineation.

8.6.3 Overlay District.

8.6.4 Permitted Uses.

8.6.5 Special Permit Uses.

8.6.6 Prohibited Uses.

8.6.7 Design Standards.

8.6.8 Permit Procedures.

8.6.9 Decision.

8.6.10 Conditions and Restrictions.

8.7 HISTORIC MILL DISTRICT (HMD).

8.7.1 Purpose.

8.7.2 Definitions.

8.7.3 Overlay District.

8.7.4 Housing and Affordability.

8.7.5 Permitted Uses.

8.7.6 Density.

8.7.7 Dimensional Regulations.

8.7.8 Design Objectives.

8.7.9 Design Guidelines and Review.

8.7.10 Off-Street Parking and Loading Areas.

8.7.11 Procedure.

8.7.12 Severability.

8.8 SENIOR RESIDENTIAL COMMUNITY OVERLAY DISTRICT (SRCOD)

8.8.1 Purpose.

8.8.2 Applicability.

8.8.3 Definitions.

8.8.4 Types of Dwellings, Uses and Associated Services Permitted.

8.8.5 Dimensional Requirements and Design Standards.

8.8.6 Design Objectives.

8.8.7 Roadway and Parking Requirements.

8.8.8 Bonus.

8.8.9 Procedure.

8.9 MEDICAL MARIJUANA OVERLAY DISTRICT (MMOD).

8.9.1 Establishment.

8.9.2 Purpose.

8.9.3 Definitions.

8.9.4 Location.

8.9.5 Signage.

8.9.6 Procedure.

8.9.7 Special Permit Conditions on RMDs.

8.9.8 Exemption from RMD Special Permit Requirement.

8.9.9 Prohibition Against Nuisances.

8.9.10 Severability.

8.10 TEMPORARY MORATORIUM ON MARIJUANA ESTABLISHMENTS, MARIJUANA RETAILERS AND OTHER SALE OR DISTRIBUTION OF MARIJUANA AND MARIJUANA PRODUCTS WHICH ARE NOT INCLUDED IN THE DEFINITION OF MEDICAL MARIJUANA TREATMENT CENTERS.

8.10.1 Purpose.

8.10.2 Definitions.

8.10.3 Temporary moratorium.

8.10.4 Expiration.

8.1 WATERSHED PROTECTION OVERLAY DISTRICT.

[Amended 4-24-2006 ATM, Art. 50; 5-26-2009 ATM, Art. 35]

8.1.1 Purpose.

The Watershed Protection Overlay District (WPOD) is established in the Town of Andover for the following purposes:
1. 
To preserve and protect surface and ground water resources in the Fish Brook/Haggetts Pond Watershed Protection Overlay District (WPOD) for the health, safety and welfare of its people;
2. 
To protect the community from the detrimental use and development of land and waters within the WPOD.
3. 
The WPOD does not limit the existing authority of the Conservation Commission pursuant to. 131, s. 40.
4. 
This Bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34.

8.1.2 Establishment.

[Amended 5-8-2013 ATM, Art. 59]
The WPOD includes all the lands which create the catchment or drainage areas of Fish Brook or Haggetts Pond as part of their natural or man-made drainage system. The district includes all areas designated on the plan titled "Fish Brook/Haggetts Pond Watershed Protection Overlay District", dated December 2012, prepared by the Town Engineer, which plan is on file in the office of the Town Clerk and which is hereby made part of the Town Zoning Maps.
Within the WPOD, Priority Zones 1 and 2 shall be designated to identify areas where permitted uses and design standards shall apply based upon, in part, the linear distances from surface waters and tributaries. Priority Zone 1 shall include land areas up to 400 feet from the annual high water levels of Haggetts Pond, its tributaries, and Fish Brook, respectively. Priority Zone 2 shall include land areas exceeding 400 feet and extending out to 1/2 mile from the edge of Priority Zone 1 (Priority Zones 1 and 2 shall apply to Fish Brook and any other Class A water source that is tributary to surface water supplies within the WPOD to a distance of 200 feet from the source).
1. 
Burden of Proof. When a property owner seeks town approval for any work done on a lot which is partially contained within the WPOD boundary, the owner must include with his or her application a map on a scale of one inch equals 40 feet prepared by a registered professional surveyor, stamped by a Registered Professional Engineer specializing in Civil Engineering, and approved in writing by the Town Engineer, showing the boundary of the WPOD with respect to the owner's property limits. The Planning Board may, upon review of the application, determine what portion, if any, of such lot is contained within the WPOD. The Planning Board may issue an order approving said plan if the Planning Board determines that land on such lot shown outside the WPOD is not part of the catchment or drainage areas of Fish Brook or Haggetts Pond or part of their natural or man-made drainage system.

8.1.3 Overlay District.

The WPOD is an overlay district and shall be superimposed on the other districts established by this by-law. Land in the WPOD may be used for any purpose otherwise permitted in the underlying district, subject to the additional restrictions which follow herein.

8.1.4 Permitted Uses.

The following uses are permitted within the WPOD, subject to the design standards set forth in Section 8.1.7:
1. 
Conservation of soil, water and plants;
2. 
Outdoor recreation and nature study;
3. 
Boat docks and landings, except on Haggetts Pond and Fish Brook, pedestrian and bicycle paths and bridges; and horse paths and bridges;
4. 
Operation and maintenance of dams, splash boards and other water control, supply and conservation devices;
5. 
Residential development, as permitted in the underlying district;
6. 
Farming, gardening, nursery, conservation, golf courses, forestry, harvesting and grazing, subject to restrictions set forth in Section 8.1.5.3;
7. 
Earth removal as defined in Sections 6.3.2, 6.3.3, and 6.3.4, where such removal will not endanger ground or surface water quality and where non-construction excavation or grading shall not come closer than four feet above maximum groundwater elevation. The angle of graded slopes shall be no greater than that which can be held by existing or planned vegetation;
8. 
Construction, alteration, repair and maintenance of municipal infrastructure, including water system, sewer systems, drainage, roadways and public utilities;
9. 
Storage of heating oil within a building, provided that all necessary state and local approvals have been obtained.
10. 
Existing on-site sewage disposal and treatment systems within 400 feet of Haggetts Pond, provided that on-site disposal and treatment systems are maintained in accordance with requirements set forth in 310 CMR 15.300 et seq.

8.1.5 Special Permit Uses.

The Planning Board may allow the following uses within the WPOD upon the grant of a special permit and subject to any additional conditions the Planning Board may impose:
1. 
Ponds or other changes in water bodies or watercourses, created for recreational use or drainage improvements;
2. 
The creation of ponds not subject to Conservation Commission jurisdiction under the Wetlands Protection Act.
3. 
The storage, manufacture or use of hazardous or toxic substances other than those prohibited in Section 8.1.6 as long as there is minimal risk to health, safety, and the environment as provided for in 310 CMR 40 Massachusetts Contingency Plan and would not exceed any state or federal water quality criteria or standards if spilled, discharged or otherwise released. All reasonable and necessary measures shall be taken to prevent spills, discharges or other releases of the hazardous or toxic substances to the environment.

8.1.6 Prohibited Uses.

The following uses are prohibited within the WPOD, except as otherwise noted within this By-Law:
1. 
The bulk storage of salt and other road de-icing chemicals;
2. 
Landfills and open dumps as defined in 310 CMR 19.006;
3. 
Automobile graveyards and junkyards, as defined in M.G.L. c. § 140B, 1;
4. 
The discharge of stormwater into Fish Brook, Haggetts Pond, or any other surface water body or tributary stream within Priority Zones 1 or 2 for which oil/water separation devices have not been installed and regularly maintained at the nearest upstream manhole structure before the outfall;
5. 
Any new building, structure, land-disturbing activities, excavation or fill within 50 feet of all water bodies and watercourses as defined in this by-law; except for that which is necessary for the operation, modification, repair, replacement or expansion of the town's public drinking water supply system, and foot, bicycle and/or horse paths and bridges and said systems which will be consistent with the purposes set forth in Section 8.1.1.
6. 
The storage, management or disposal of solid waste or refuse as defined in Massachusetts regulations at 310 CMR 19;
7. 
Gasoline service station, repair garage or body shop for motorized vehicles;
8. 
The stockpiling, or disposal of snow within the WPOD boundaries from any sources either within or outside the boundaries of the WPOD;
9. 
Unless otherwise exempted or excluded under federal, state, or local requirements, the storage, management, or disposal (including septic systems and floor drains) of hazardous materials as defined in Massachusetts regulations cited at 310 CMR 40.1600 (Oil and Hazardous Materials List) and Federal regulations cited at 40 CFR Part 355 (Extremely Hazardous Materials List).
10. 
Petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes are established by the US Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual and any other subsequent amendments;
11. 
Discharge to the ground of non-sanitary wastewater including industrial and commercial process wastewater;
12. 
Landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to M.G.L. c. 21, §§ 26 through 53; M.G.L. c. 111, § 17; M.G.L. c. 83, §§ 6 and 7, and regulations promulgated there under;
13. 
Unless otherwise exempted or excluded under federal, state, or local requirements, facilities that generate, treat, store, or dispose of hazardous waste that are subject to M.G.L. c. 21C and 310 CMR 30.00;
14. 
Unless otherwise exempted or excluded under federal, state, or local requirements, the storage of liquid hazardous materials, as defined in M.G.L. c. 21E, and/or liquid petroleum products;
15. 
Storage of commercial fertilizers, as defined in MGL c 128, § 64;
16. 
Storage of sludge and septage;
17. 
Storage, stockpiling, or spreading of animal manure within Priority Zone 1;
18. 
Earth removal, consisting of the removal of soil, loam, sand, gravel or any other earth material (including mining activities) to within four feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works;
19. 
Any new on-site sewage treatment and disposal systems within 400 feet of a surface water supply as provided for in 310 CMR 15.211 and within 200 feet of one or more rivers, streams, or swales which are tributary to the surface water supplies;
20. 
Prohibitions not otherwise specified herein, but provided for in 310 CMR 22.20B, Surface Water Supply Protection.
21. 
For lots constructed after June 1, 2009 in addition to the above named prohibited uses the following shall apply: Any new building, structure, land-disturbing activities, excavation or fill within Priority Zone 1 as defined in this by-law; except for that which is necessary for the operation, modification, repair, replacement or expansion of the town's public drinking water supply system, and foot, bicycle and/or horse paths and bridges and said systems which will be consistent with the purposes set forth in Section 8.1.1.

8.1.7 Design Standards.

Any development of land within the WPOD, except for modifications/changes to previously existing buildings or structures within Priority Zone 1, shall meet the following design standards in addition to all standards imposed by the underlying zoning district. Where a lot is partially contained within the WPOD boundary, these standards shall apply to that portion of the lot which is determined to be within the WPOD:
1. 
Slopes which exceed an average of 15% over a distance of 10 feet or more shall remain undisturbed;
2. 
Where a lot is partially outside the WPOD, the site plan shall, to the greatest extent possible, locate pollution sources, such as subsurface sewage disposal systems, outside the district;
3. 
Vegetation on the lot shall be planted and located in such a way as to maximize groundwater recharge, absorb and filter runoff and reduce erosion;
4. 
All construction activities as allowed within the WPOD shall be designed or sited to minimize erosion and runoff, by such practices as minimizing the construction period, slope stabilization, ditch maintenance, filtering, sedimentation basins and re-vegetation. A Sedimentation and Control Plan, prepared and stamped by a Massachusetts Registered Professional Engineer, and approved by the Town Planning Board and other local agencies as may be needed, shall be required for all construction and land-disturbing activities within the designated Priority Zone 1 of water bodies and tributaries to the water supply as defined in Section 8.1.2. In addition, a Planting and Re-vegetation Plan prepared by a licensed Landscape Architect and approved by the Town shall be required as part of all construction and land disturbing activities within the WPOD.
5. 
The renovation, expansion, and/or upgrade of existing on-site sewage treatment and disposal systems shall be conducted in accordance with requirements set forth in 310 CMR 15.000 et seq., unless otherwise specified herein.

8.1.8 Special Permit Procedures.

1. 
Filing of the Application. Twelve complete copies of the application for a special permit for land use within the WPOD shall be filed with the Planning Board on a form approved by the Planning Board.
2. 
Review by Other Boards and Agencies. Before acting upon the application, the Planning Board shall submit it to the following boards and agencies which may review it jointly or separately: the Board of Health, the Conservation Commission, the Department of Public Works and other boards or agencies that the Planning Board may deem appropriate. Any such agency to which petitions are referred for review shall submit such recommendations as it deems appropriate to the Planning Board and the applicant.
3. 
Further Requirements for Information. After the opportunity for review by other boards and agencies, the Planning Board may require the applicant to supply more specific information about the proposed development as per questions and comments of the reviewing boards and agencies.

8.1.9 Decision.

The Planning Board may grant a special permit for land use within the WPOD hereunder only if it finds that the applicant has met the general requirements of Sections 8.1 and 9.4, and that the applicant has demonstrated the following:
1. 
That the plan will preserve and protect the surface and ground water resources in the WPOD for the health, safety and welfare of the town's people;
2. 
That the plan will protect the community from the detrimental use and development of land and waters within the WPOD;
3. 
That the design standards of Section 8.1.7 have been met.
4. 
That Special Permits Procedures 8.1.8(2.) have been met.

8.1.10 Conditions and Restrictions.

The Planning Board may impose any conditions and restrictions required to mitigate any potential damage to surface and ground water resources and, in reaching its decision, will consider the simplicity, reliability and effectiveness of these mitigating measures and the damage likely to result if these measures were to fail. If the Planning Board disagrees with the recommendations of the Conservation Commission or the Board of Health, the reasons shall be stated in writing.

8.1.11 Severability.

If any provision, paragraph, sentence, or clause of this By-law shall be held invalid for any reason, all other provisions shall continue in full force and effect.

8.2 FLOOD HAZARD OVERLAY DISTRICT.

[Amended 5-26-2009 ATM, Art. 67; 4-30-2012 ATM, Art. 29]

8.2.1 Purpose.

The purposes of the Flood Hazard Overlay District (FHOD) are to:
1. 
Ensure public safety through reducing the threats to life and personal injury;
2. 
Eliminate new hazards to emergency response officials;
3. 
Prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding;
4. 
Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact region as of the community beyond the site of flooding;
5. 
Eliminate costs associated with the response and cleanup of flooding conditions; and
6. 
Reduce damage to public and private property resulting from flooding waters.

8.2.2 Location.

The boundaries of the Flood Hazard Overlay District shall enclose all special flood hazard areas designated Zone A or Zone AE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Essex County FIRM that are wholly or partially within the Town of Andover are panel numbers 25009C0195F, 25009C0203F, 25009C0204F, 25009C0208F, 25009C0211F, 25009C0212F, 25009C0213F, 25009C0214F, 25009C0216F, 25009C0217F, 25009C0218F, 25009C0219F, 25009C0236F, 25009C0238F, 25009C0239F, 25009C0352F, 25009C0356F, 25009C0357F, 25009C0376F and 25009C0377F, dated July 3, 2012. The exact boundaries of the FHOD may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS reports are incorporated herein by reference and are on file with the Planning Board and the Inspector of Buildings.

8.2.3 Overlay District.

The FHOD is hereby established as an overlay district. Where the regulations of the FHOD impose greater or lesser restrictions or requirements than those of other applicable bylaws or regulations, the more restrictive shall apply.

8.2.4 Regulations.

Any development within the FHOD, including structural and non-structural activities, whether permitted by right or by special permit, shall be subject to all otherwise applicable requirements of the underlying zoning district in which it is located, including usual use and dimensional requirements, and also to the following requirements:
1. 
[reserved]
2. 
The flood-carrying capacity of any watercourse shall he maintained in the event of any alteration of relocation, as determined by the Inspector of Buildings upon the advice of the Conservation Commission.
3. 
Within Zone A, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. Within Zone AE, along watercourses that have not had a regulatory floodway designated, no new construction, substantial improvement or other development shall be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood. Within Zone AE, along watercourses that have regulatory floodways designated with the Town of Andover on the Essex County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
4. 
The requirements of 780 CMR of the Massachusetts State Building Code which address floodplain areas; 310 CMR 10.00, Wetlands Protection Regulations, Department of Environmental Protection (DEP); 310 CMR 13.00, Inland Wetlands Restriction, DEP; 310 CMR 15, Title 5, Minimum Requirements for Subsurface Disposal of Sanitary Sewage, DEP; all as from time-to-time amended and if the particular CMR is then in force and effect as a Massachusetts regulation.
5. 
Where any alteration or relocation of a watercourse is proposed, the appropriate federal, state and local authorities shall be notified, including the National Flood Insurance Program State Coordinator and Program Specialist, as well as representatives of adjacent communities.

8.2.5 Special Permit.

The Board of Appeals may grant a special permit to provide an exception to the requirements of Section 8.2.4 above. Such special permit may be granted only in the case of structures such as boat houses which require waterfront location and are not continuously used for human occupancy or in the case of development on a lot of less than a half acre which is surrounded by existing non-conforming structures, in either case provided that all of the following are shown:
(a) 
good and sufficient cause;
(b) 
failure to allow the departure would result in exceptional hardship to the applicant;
(c) 
allowing the departure will not result in increased flood heights, additional threats to public safety, extraordinary public expense, created nuisances, cause fraud on or victimization of the public or conflict with other bylaws or regulations; and
(d) 
the departure is the minimum necessary, considering the flood hazard, to afford relief.
Exceptions may also be granted for reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places.

8.2.6  

1. 
Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments for land area containing more than 50 lots or for land area greater than 5 acres, whichever is the lesser, within un-numbered A zones as determined by the Flood Insurance Rate Map (FIRM).
2. 
Other Use Regulations: All subdivision proposals must be designed to assure that:
(a) 
such proposals minimize flood damage;
(b) 
all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(c) 
adequate drainage is provided to reduce exposure to flood hazards.

8.3 (RESERVED)

8.4 MIXED USE DISTRICT.

8.4.1 Purpose.

The Mixed Use District has been created to foster a greater opportunity for creative development by providing guidelines which encourage a mix of uses compatible with neighboring properties; to provide housing and business uses in locations where town services are available; and to encourage the provision of open areas.

8.4.2 Design Standards.

No building permit or certificate of occupancy shall be issued for the erection of a new building, the enlargement of an existing building, the redevelopment of an existing building, the development of a use not located in a building or the change from one permitted use to another unless the design standards set forth below are satisfied.
1. 
Parking. Off-street parking requirements listed in Sections 5.1.1 through 5.1.5 shall apply. Where multiple uses share a common parking lot, parking shall be calculated for each use to determine the total parking required.
2. 
On-site Circulation. Pedestrian walkways, streets and driveways shall be designed to provide safe and convenient access to the proposed uses and to surrounding streets and pedestrian ways. Walkways shall be encouraged along waterways and in the vicinity of buildings and parking areas.
3. 
Screening. Section 5.3.3 shall apply.
4. 
Driveway Locations. Driveways shall be designed in accordance with Section 5.1.5.4.
5. 
Landscaping. Landscaping shall be provided in front, side and rear yards and along the perimeter of parking areas to provide separation from building and public ways. At a minimum, parking lots shall be enclosed by a landscaped area five feet in width. At least 5% of the parking lot interior shall be landscaped for parking lots which exceed 50 parking spaces.
6. 
Distance from Residential Dwellings. Section 4.1.4.4 shall apply.
7. 
Maintenance. All landscaping and screening shall be maintained by the property owner.

8.4.3 Review Requirements.

Any commercial, industrial, institutional and/or multifamily use in the Mixed Use District shall require site plan review and approval pursuant to Section 9.5.

8.5 INDUSTRIAL D DISTRICT.

8.5.1 General.

All development in an Industrial D District shall be subject to the following, unless a special permit to vary these requirements is granted by the Zoning Board of Appeals, upon its determination that alternative provisions provide comparable protection for adjoining lots and ways.
1. 
All utility service lines shall be placed underground. All transformers, meters or similar utility apparatus shall be placed on or below the surface of the land and be screened from view.
2. 
All developed land area not covered by buildings, parking areas, driveways and other site improvements shall be landscaped, and all parking areas shall be screened by landscaping in accordance with Sections 5.1.8.6 and 5.3.2.
3. 
All undeveloped portions of land may remain in the natural state, provided that such areas do not create a hazard or nuisance.
4. 
No outdoor lighting shall be mounted higher than 25 feet above finished grade, and lighting sources shall be designed to prevent excessive glare on adjoining property.

8.6 GROUNDWATER PROTECTION OVERLAY DISTRICT.

[Added 4-28-2003 ATM, Art. 54]

8.6.1 Purpose.

This Groundwater Protection Overlay District (GWPOD) is established in the Town of Andover for the following purposes:
1. 
To preserve and protect the groundwater resources in the Zone II of the Tewksbury Hospital water supply wells for the health, safety and general welfare of the residents, staff and visitors to the facility;
2. 
To preserve and protect potential sources of drinking water supplies from detrimental use and development of land, and to prevent temporary and permanent contamination of the environment in the Town of Andover;
3. 
This GWPOD does not limit the existing authority of the Conservation Commission pursuant to M.G.L. c. 131, § 40.

8.6.2 Establishment And Delineation.

This GWPOD includes all the lands which create the recharge area for the Tewksbury Hospital water supply wells. This district includes all the areas within the Town of Andover which are designated on the map titled "Andover Parcels, Andover Water Protection Overlay District, and Tewksbury Hospital Zone II Wellhead Protection Zone" (Copies of map are on file and available in the Department of Community Development and Planning office.) which is hereby made a part of the Town Zoning Maps.
1. 
Burden of Proof. When a property owner seeks Town approval for any work done on a lot which straddles the line on this GWPOD as shown on said map, the owner must include with his or her application, a map on a scale of one inch equals 40 feet prepared by a registered professional surveyor and approved in writing by the Town Engineer, showing the boundary on the owner's lot. The Planning Board may, upon application of the owner of any lot, determine what portion, if any, of such lot is in the GWPOD. The owner must include with his or her application a map on a scale of one inch equals 40 feet prepared by a registered professional surveyor and approved in writing by the Town Engineer, showing the boundary of the GWPOD with respect to said property. Alternatively, the owner may use the Massachusetts Geographical Information System Zone II map information and corresponding lot boundary information to assess the relative location of the owner's lot and the boundary of the GWPOD, subject to approval by the Planning Board. At the request of the owner, the Town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land, and may charge the owner for the cost of the investigation.

8.6.3 Overlay District.

The GWPOD is an overlay district and shall be superimposed on the other districts established by this by-law. Land in the GWPOD may be used for any purpose otherwise permitted in the underlying district, subject to the additional restrictions which follow herein. In locations where this GWPOD overlaps the land area delineated by the Fish Brook/Haggetts Pond WPOD (Section 8.1), the restrictions of both areas must be followed.

8.6.4 Permitted Uses.

The following uses are permitted within the Groundwater Protection District, subject to the design standards set forth in Section 8.6.7:
1. 
Conservation of soil, water, plants, and wildlife;
2. 
Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
3. 
Foot, bicycle and/or horse paths, and bridges;
4. 
Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;
5. 
Maintenance, repair, and enlargement of any existing structure subject to other conditions in Section 8.6;
6. 
Residential development, as permitted in the underlying district;
7. 
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing;
8. 
Construction, maintenance, and repair of municipal infrastructure, including water system, sewer system, drainage, roadways and public utilities, and enlargement of drinking water supply related facilities; and
9. 
Storage of heating oil within a building, provided that all necessary state and local approvals have been obtained.

8.6.5 Special Permit Uses.

The Planning Board may allow the following uses within the GWPOD upon the grant of a special permit and subject to any additional conditions the Planning Board may impose:
1. 
Ponds or other changes in water bodies or watercourses, created for recreational use or drainage improvements;
2. 
The creation of ponds not subject to Conservation Commission jurisdiction under the Wetlands Protection Act.
3. 
The storage, manufacture or use of hazardous or toxic substances other than those prohibited in Section 8.6.6 below, in any quantity that if simultaneously spilled, discharged or otherwise released would cause any danger to public health or safety or would cause or contribute to an exceeding of any state or federal water quality criterion or standard, provided that all necessary measures shall be taken to prevent spill, discharge or other release of the hazardous or toxic substances to the environment.
4. 
Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater.
5. 
Enlargement or alteration of existing uses that do not conform to the Groundwater Protection District.

8.6.6 Prohibited Uses.

The following uses are prohibited within the GWPOD:
1. 
Landfills and open dumps as defined in 310 CMR 19.006;
2. 
Automobile graveyards and junkyards, as defined in M.G.L. c. § 140B, 1;
3. 
Landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to M.G.L. c. 21, §§ 26 through 53; M.G.L. c. 111, § 17; M.G.L. c. 83, §§ 6 and 7, and regulations promulgated thereunder;
4. 
Facilities that generate, treat, store, or dispose of hazardous waste that are subject to M.G.L. c. 21C and 310 CMR 30.00, except for the following:
a. 
Very small quantity generators as defined under 310 CMR 30.000;
b. 
Household hazardous waste centers and events under 310 CMR 30.390;
c. 
Waste oil retention facilities required by M.G.L. c. 21, § 52A;
d. 
Water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters;
5. 
Petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes are established by the US Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual and any other subsequent amendments;
6. 
Storage of liquid hazardous materials, as defined in M.G.L. c. 21E, and/or liquid petroleum products unless such storage is:
a. 
Above ground level; and
b. 
On an impervious surface; and
c. 
Either:
(i) 
In container(s) or aboveground tank(s) within a building; or
(ii) 
Outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater;
7. 
Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;
8. 
Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
9. 
Storage of animal manure unless covered or contained in accordance with the specifications of the Natural Resource Conservation Service;
10. 
Earth removal, consisting of the removal of soil, loam, sand, gravel or any other earth material (including mining activities) to within four feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works;
11. 
Discharge to the ground of nonsanitary wastewater including industrial and commercial process wastewater, except:
a. 
The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works;
b. 
Treatment works approved by the Department designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13);
c. 
Publicly owned treatment works.
12. 
Stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the district;
13. 
Storage of commercial fertilizers, as defined in MGL c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

8.6.7 Design Standards.

Any development of land within the GWPOD shall meet the following design standards in addition to all standards imposed by the underlying zoning district. Where a lot straddles the GWPOD district boundary, these standards shall apply to that portion of the lot in the GWPOD:
1. 
Slopes which exceed an average of 15% over a distance of 10 feet or more shall remain undisturbed;
2. 
Where a lot is partially outside the GWPOD, the site plan shall, to the greatest extent possible, locate pollution sources, such as subsurface sewage disposal systems, outside the district; or
3. 
Where a system of artificial recharge is proposed in accordance with Section 8.6.5.4[1], a system for groundwater recharge must be provided which does not degrade groundwater quality. For nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all nonresidential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.
[1]
Editor's Note: So in original. Should probably be 8.6.4.
4. 
All construction and land disturbing activities within the GWPOD shall be designed or sites to minimize erosion and runoff, by such practices as minimizing the construction period, slope stabilization, ditch maintenance, filtering, sedimentation basins and revegetation.

8.6.8 Permit Procedures.

1. 
Filing of the Application. Eight complete copies of the application for a special permit for land use within the GWPOD shall be filed with the Planning Board on a form approved by the Planning Board.
2. 
Review by Other Boards and Agencies. Before acting upon the application, the Planning Board shall submit it to the following boards and agencies which may review it jointly or separately: the Board of Health, the Conservation Commission, the Department of Public Works and other boards or agencies that the Planning Board may deem appropriate. Any such agency to which petitions are referred for review shall submit such recommendations as it deems appropriate to the Planning Board and the applicant. Failure to make recommendations within 20 days of receipt shall been deemed lack of comment or opposition.
3. 
Further Requirements for Information. After the opportunity for review by other boards and agencies, the Planning Board may require the applicant to supply more specific information about the proposed development or activity as per questions and comments of the reviewing boards and agencies. Such additional information shall be submitted within 10 days after notice by the Planning Boards.

8.6.9 Decision.

The Board may grant a special permit for land use within the GWPOD hereunder only if it finds that the applicant has met the general requirements of Sections 8.6 and 9.4 and that the applicant has demonstrated the following:
1. 
That the plan will in no way, during construction or thereafter, adversely affect the existing or potential quality of quantity of water that is available in the Groundwater Protection District; and
2. 
That the plan will be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

8.6.10 Conditions and Restrictions.

The Planning Board may impose any conditions and restrictions required to mitigate any potential damage to groundwater resources and, in reaching its decision, will consider the simplicity, reliability and effectiveness of these mitigating measures and the damage likely to result if these measures were to fail. If the Planning Board disagrees with the recommendations of the Conservation Commission or the Board of Health, the reasons shall be stated in writing.

8.7 HISTORIC MILL DISTRICT (HMD).

[Added 5-4-2015 ATM, Art. 50]

8.7.1 Purpose.

It is the purpose of this Section to establish the Historic Mill District (HMD), to encourage smart growth, and to foster a range of housing opportunities within mixed-use development projects, 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 transportation systems. Other objectives of this Section are to:
1. 
Promote the public health, safety, and welfare by encouraging diverse housing opportunities in accordance with the Town's Master Plan.
2. 
Promote mixed use and economic development that is safe, pedestrian friendly, near rail transit and near the Town's civic and commercial center, while reducing the need for automobile travel.
3. 
Encourage the preservation of open spaces and protection of the Shawsheen River
4. 
Encourage adaptive reuse of abandoned, vacant or underutilized mill buildings.
5. 
Provide a mechanism by which residential development can directly increase the housing supply and diversity, including but not limited to, young professionals and seniors, who want to live near their workplace and/or near retail and other non-residential uses;
6. 
Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting.
7. 
Establish development standards to allow context-sensitive design and creative site planning.
8. 
Encourage consolidation of small parcels into viable, block-size mixed use development in designated areas;

8.7.2 Definitions.

For purposes of this Section, the following definitions shall apply:
Design Guidelines: Guidelines adopted to preserve and augment the architectural qualities, historic character and pedestrian scale of, and which are applicable to, all Development Projects herein.
Development Project: A Development Project is a project having any of the following characteristics:
a.
A proposal to increase the gross floor area of an existing building by more than 2,000 square feet.
b.
A proposal to construct a building or buildings in excess of 10,000 square feet.
c.
A proposal to alter, renovates, reconstruct or redevelop more than 40% of the gross floor area of an existing building.
Dwelling Unit: One (1) or more rooms with cooking, living, sanitary and sleeping facilities arranged for the use of one (1) or more persons living together as a single housekeeping unit.
Mixed Use: Any structure containing two or more of the Permitted Uses as set forth in Section 8.7.
Multifamily Dwelling: Dwelling containing two or more dwelling units.
Special Permit Granting Authority: For purposes of reviewing Development Project applications and issuing decisions on Development Projects within the HMD, the Special Permit Granting Authority shall be the Planning Board.
Structured Parking Facilities: A structure or structures constructed to provide off street parking for automobiles, in connection with the construction of a Development Project. This may include parking under a building.

8.7.3 Overlay District.

The HMD is an overlay district that is superimposed over the underlying zoning district(s), as shown on the Official Zoning Map on file in the Office of the Town Clerk.
1. 
Underlying Zoning. The HMD is an overlay district superimposed on all underlying zoning districts. The Zoning By-law governing the underlying zoning district(s) shall remain in full force and effect, except for Projects undergoing development pursuant to Section 8.7. Within the boundaries of the HMD a developer may elect to develop a project in accordance with the HMD, or to develop a project in accordance with the requirements of the regulations for use, dimension and all other provisions of the Zoning By-law governing the underlying zoning district(s).
2. 
Applicability of HMD. An Applicant for a Project proposed within the HMD must seek a Special Permit in accordance with the requirements of this section. When a building permit is issued for any Project approved in accordance with this section 8.7., the provisions of the underlying district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to this By-law.

8.7.4 Housing and Affordability.

1. 
No application within the HMD which contains residential use shall be approved unless at least 15% of the total dwelling units proposed are devoted to affordable housing, or such greater percentage as may be required by state or federal subsidy programs; provided however, that such applications requesting three or fewer dwelling units are exempt from this requirement. "Affordable housing" shall be defined as any housing subsidized by the federal or state government under any program to assist the construction of affordable housing as defined in the applicable federal or state statute, whether built or operated by any pubic agency or any nonprofit or limited dividend organization. The calculation of affordable units shall be rounded to the next whole number for units equal to 0.5 or greater.
2. 
The applicant may, with the permission of the Planning Board, in lieu of one or more affordable unit(s) contributes to the Town of Andover Municipal Affordable Housing Trust Fund, a cash contribution determined by the Planning Board in consultation with the Housing Trust Fund Board of Trustees, and is to be used for the benefit of households in Andover.

8.7.5 Permitted Uses.

1. 
Permitted Uses. The following uses either standalone or in combination, are allowed in the HMD. All other uses are prohibited:
Multifamily dwellings;
Municipal Facilities;
Structured Parking Facilities;
Non-residential uses, in accordance with the following "Table of Non-residential Uses", but only by issuance of a Special Permit by the Planning Board under this bylaw.
Use
Institutional Uses
1.
Religious or educational uses exempt from zoning prohibition by G.L.c.40A,s.3
2.
Child care facility
Business and Commercial Uses
1.
Private club not conducted for profit
2.
Personal service establishment
3.
Banking establishment
4.
Retail sales establishment
5.
Convenience store
6.
Educational use
7.
Medical center or clinic
8.
Self-service laundry or dry-cleaning operation
9.
Restaurants
a.
Restaurant, sit down
b.
Restaurant, fast food
10.
Shop for custom work involving the manufacture of articles to be sold on the premises
11.
Indoor commercial recreation establishment
12.
Business, professional or administrative office
13.
Motel or hotel (see Section 4.1.5.1 of the Zoning By-Law)
14.
Commercial parking lot or garage
15.
Open Space
16.
Major non-residential project (see Sections 9.4 and 10.0 of the Zoning By-Law)
Non-residential use of any building, structure or land within the HMD is prohibited except as permitted above.
2. 
Accessory Uses. Uses which are subordinate to, clearly incidental to, customary in connection with, and located in the same structure as a Permitted Use and which do not, in effect, constitute conversion of the Permitted Use to a use not otherwise permitted in the HMD shall be permitted.

8.7.6 Density.

1. 
Residential: The minimum requirement for a residential use in the HMD is three thousand square feet of lot area per dwelling unit. The Planning Board may, in its discretion, according to the characteristics of any particular lot, allow less than the 3,000 square feet of lot area per dwelling unit, with an upper limit of forty (40) units per acre.
2. 
Retail Sales: No single Retail Sales Establishment as described in Section 8.7.5.1. shall exceed 25,000 SF of gross floor area in the HMD. A single establishment shall be defined as having independent access, egress and exit ways as required by State Building Code.
3. 
Integration of Uses: The Special Permit Granting Authority may require the integration of residential and non-residential uses in a Mixed Use structure as a condition of Approval.
4. 
Multiple Buildings: In the HMD, more than one building may be erected on a single lot.

8.7.7 Dimensional Regulations.

1. 
First Floor. Buildings with a commercial use on the first floor shall be located directly behind the front sidewalk (0-foot maximum setback) on any street. However, regardless of the width of the existing sidewalk, a minimum of 8 feet shall be required from the curb line to the front of the building.
2. 
Building Height. The maximum allowed heights of all buildings in the district shall be as follows:
Building heights shall conform to and be measured according to the following standards:
a. 
When adjacent to or up to ninety (90'feet) from the property line on North Main Street, the heights of all buildings shall be no more than thirty-five (35') feet above the adjacent public street.
b. 
When more than ninety (90) feet from the property line on North Main Street, and otherwise not restricted by this section, the heights of all buildings in the district shall be no more than sixty-five (65) feet.
c. 
When adjacent to or up to fifteen (15) feet from the property line on Essex Street and/or Pearson Street, the heights of all buildings in the district shall be no more than thirty-five (35) feet if otherwise not restricted by this section.
d. 
From fifteen (15) feet to fifty (50) feet from the property line on Essex Street and/or Pearson Street, the maximum heights of all buildings in the district shall be fifty (50) feet. After fifty (50) feet, and if otherwise not restricted by this section, the maximum allowed height shall be sixty-five (65) feet.
e. 
When the property frontage is on the east side of Railroad Street, the heights of all buildings within fifty (50) feet of Railroad Street shall be no more than fifty (50) feet. After fifty (50) feet, and if otherwise not restricted by this section, the maximum allowed height shall be sixty-five (65) feet.
f. 
When adjacent to or up to fifty (50'feet) from the property line on Red Spring Road, the heights of all buildings shall be no more than thirty-five (35') feet.
g. 
For all other buildings within the district, not otherwise restricted by this section, the maximum height shall be fifty (50) feet.
h. 
The maximum building heights specified by this section shall not apply to any pedestrian walkways over the MBTA railroad tracks.
i. 
When a building facade extends more than one hundred (100) feet across a grade equal to or greater than ten (10) feet in elevation differential, the maximum height of the building shall be determined from the average grade across each one hundred (100) foot increment.
3. 
Building Coverage. The maximum building coverage in the HMD shall be 75% of the lot covered by the footprint area of a building or buildings.
4. 
Parcel Size. The minimum parcel size required for a Development Project shall be one-half (0.5) acre.

8.7.8 Design Objectives.

Each project within the HMD shall:
1. 
Provide a positive economic benefit to Andover (including, but not limited to, fiscal impact, town services, and employment), is in harmony with the general purpose and intent of the Master Plan and is not unreasonably detrimental to the overall General Business Districts, specifically Downtown Andover.
2. 
Blend the scale of residential, business and commercial structures into the site design;
3. 
Provide safe vehicular and pedestrian ways, and minimize traffic impacts;
4. 
Preserve natural features, wetlands, scenic vistas and open spaces when possible;
5. 
Minimize the visual impact of parking areas;
6. 
Assure safe interior circulation within its site by separating pedestrian, bike, and vehicular traffic.
7. 
Include existing and future pedestrian pathways within 100' feet of the Shawsheen River for public use and enjoyment if the Project includes frontage along the Shawsheen River. Said pedestrian pathway shall be publicly accessible via a public access easement or conveyance to the Town of Andover. The easement width for these pathways shall be not less than ten feet (10'), unless otherwise approved by the Planning Board.
8. 
Have appropriate signage to identify places, provide direction, and advertise businesses. Along with communicating information, signage should add to the character of each project and reinforce a sense of place:
a. 
Signs shall consist of high quality materials and color palettes that reflect the architectural themes of the surrounding area.
b. 
Location and placement of signs should not obstruct pedestrian or vehicular movement.
9. 
Incorporate energy efficient and environmentally sensitive principles;
10. 
Incorporate pedestrian amenities, accessory uses and community benefits into the overall design in a harmonious way;
11. 
Incorporate low-impact development (LID) design techniques or Stormwater Best Management Practices (such as, but not limited to, pervious paving, landscape swales, vegetative filters or rain gardens, and landscape infiltration facilities) to lessen the environmental impact of development along the Shawsheen River.

8.7.9 Design Guidelines and Review.

1. 
In order to preserve and augment the HMD's architectural qualities, historic character and pedestrian scale, the Planning Board is authorized to adopt Design Guidelines which are not inconsistent with this By-law.
2. 
The Design Review Board shall review all Development Projects pursuant to Section 8.7.

8.7.10 Off-Street Parking and Loading Areas.

1. 
Structured Parking. Parking within the HMD shall be accommodated within Structured Parking Facilities and under buildings to the maximum extent possible. On-street parking may be provided on private streets within the development project in front of and adjacent to retail stores.
2. 
Off-Street Parking. For any structure that is constructed, enlarged, or extended, or has a change-of-use which affects the computation of parking spaces, or if any existing use is changed, then parking spaces shall meet the following requirements:
a. 
Residential uses require a minimum of 1.0 space per dwelling unit.
b. 
Non-residential uses require a minimum of 2 spaces per 1,000 sq. ft. of gross floor area.
3. 
Shared Parking Facilities. The Planning Board may allow for shared parking facilities within the HMD for different buildings or uses subject to the following provisions:
a. 
Up to 50% of the parking spaces serving a building may be used jointly for other uses not normally open, used or operated during similar hours. The applicant must demonstrate to the Planning Board that the peak demand and principal operating hours for each use are suitable for a common parking facility.
b. 
A written agreement defining the joint use acceptable to the Planning Board of the common parking facility shall be executed by all parties concerned and approved by the Planning Board as part of the special permit process. Such agreement shall be recorded at the Registry of Deeds.
4. 
Computation of Spaces. When the computation of required parking spaces results in the requirement of fractional space, any fraction more than one-half (1/2) shall require one (1) space.
5. 
Loading Areas. Loading areas shall be designed in accordance with Section 5.1.5.5. of this By-law.

8.7.11 Procedure.

A Development Project under the provisions of this HMD section is only allowed by Special Permit. All applications for a Special Permit to gain approval under this section shall be submitted to the Planning Board pursuant to the submission requirements and procedures contained in this By-law.
1. 
Pre-Application. Prior to the submittal of a special permit application, a "Concept Plan" shall be submitted to help guide the development of the site plan process for the proposed project build-out and individual elements thereof. Such Concept Plan should reflect the following:
a. 
Overall building footprint;
b. 
Areas which shall remain undeveloped;
c. 
General site improvements, groupings of buildings, and proposed land uses.
The Concept Plan is intended to be used as a tool for both the applicant and the Planning Board to ensure that the proposed project design will be consistent with the requirements of the HMD.
2. 
Application. An application for a special permit shall be submitted to the Andover Planning Board pursuant to the submission requirements, and procedures contained in Section 9.4. and Section 9.5.3. of the zoning bylaw.
3. 
Additional Submittals.
a. 
Waivers. At the request of the applicant in a narrative form, the Planning Board may waive certain dimensional, design and other requirements as stated herein (unless expressly prohibited), in the interests of design flexibility and overall project quality if it finds that the project is consistent with the overall purpose and objectives of the HMD, or if it finds that such waiver will allow the project to achieve a high quality design incorporating a desired mix of open space, affordability, a mix of uses, and/or physical character.
b. 
A transportation plan, consisting of the following information:
(i) 
A plan showing the proposed parking, loading, traffic and pedestrian circulation within the site; access and egress points; and other features related to traffic generated by the proposed use.
(ii) 
A traffic study, prepared by a qualified traffic engineer, detailing the expected traffic impacts. The required traffic study shall substantially conform to the Institute of Transportation Engineers' "Traffic Access and Impact Studies for Site Development: A Recommended Practice," latest edition. In addition, the applicant shall submit a Transportation Demand Management (TDM) plan tailored to the specific uses and the geographic location of the site.
(iii) 
Proposed mitigation measures, if any, including vehicle trip reduction from the Project.
(iv) 
The traffic study shall address pedestrian, vehicular and rail circulation at the Essex Street/Pearson Street Intersection.

8.7.12 Severability.

If any provision of this Section 8.7 is found to be invalid by a court of competent jurisdiction, the remainder of Section 8.7 shall remain in full force and effect. The invalidity of any provision of this Section 8.7 shall not affect the validity of the remainder of the Town of Andover's Zoning By-Law.

8.8 SENIOR RESIDENTIAL COMMUNITY OVERLAY DISTRICT (SRCOD)

[Added 5-7-2013 ATM, Art. 26]

8.8.1 Purpose.

The intent of this section is to allow flexibility in the development of parcels for housing and related services for persons 62 or older, with particular interest in meeting the needs of residents of Andover. The objectives of this section are to achieve the following purposes:
1. 
To provide for the development and use of alternative housing and care for an aging population in accordance with the Town's Master Plan.
2. 
To create an environment that provides supportive services routinely used by an aging population.
3. 
To promote housing options that adapt to the needs of an aging population.
4. 
To preserve the Town's residential character.
5. 
To encourage the preservation of open spaces and protection of the Merrimack River.
6. 
To encourage housing affordable to the aging population who are Andover residents.

8.8.2 Applicability.

A Senior Residential Community Overlay District includes all the lands designated on the plan titled, "Proposed Senior Residential Community Overlay District", dated December 4, 2012, as prepared by and reviewed by the Town Engineer, which plans are on file in the Office of the Town Clerk and which are hereby made part of the Town Zoning Maps. The Planning Board may grant a special permit for one or more of the uses as described herein.

8.8.3 Definitions.

For the purpose of this section of the by-law, the following definitions shall apply:
Senior – Any person having reached the age of sixty-two (62) years.
Senior Household – Any household having at least one person 62 years or older.
Aging Population – Population having reached the age of 62 years or older.
Senior Residential Community Overlay District (SRCOD) – A district comprised of any use or combination of uses as defined herein. A SRCOD may include one or more of the following: independent housing, congregate housing, assisted living, memory care, restorative care/skilled nursing facilities, home health care and associated services primarily for the purposes of serving the aging population on-site.
Dwelling Unit (DU) – One or more living or sleeping rooms arranged for the use of one or more seniors living in a single housekeeping unit (excluding mobile homes and trailers). The intent of this definition for this section is to define a "home" with private sleeping quarters rather than a dormitory arrangement of sleeping quarters.
Independent Living Unit – Private residential dwelling unit individually equipped with a minimum of a kitchen, bedroom, bathroom and living area. This type of housing is for independently functioning seniors.
Congregate Housing – Dwelling units that provide private or communal living for seniors who ordinarily are ambulatory and require no (or limited) medical attention or supervision. Such units shall consist of a room or rooms forming a habitable unit for up to ten persons, with facilities used for living, bathing, cooking, eating and private sleeping quarters.
Assisted Living Facility – Dwelling units for seniors who have difficulty functioning independently and require oversight and assistance with one or more activities of daily living such as dressing, eating, bathing, walking or toileting, which are provided by a 24 hour staff. Such units may include a bedroom, bathroom, and sitting area. In addition dining services and full personal care are provided. Special care programs specifically designed for seniors with memory loss are included in this category. The Assisted Living must obtain all required permits and/or licenses required to operate such a facility and must be certified by the Executive Office of Elder Affairs or applicable State agency.
Restorative Care/Skilled Nursing Facility – Includes any institution which provides 24 hour skilled nursing care to seniors admitted for convalescent care, rehabilitative care, or long-term care. Programs include additional professions such as physical therapy, occupational therapy, speech therapy, social services, and medical oversight. The Restorative Care/Skilled Nursing Facility must obtain all required permits and/or licenses required to operate such a facility and must be certified by the Executive Office of Elder Affairs or applicable State agency.

8.8.4 Types of Dwellings, Uses and Associated Services Permitted.

Applications for special permits within the SRCOD shall contain at least one of the following housing types, attached or detached, in any combination: Independent; Congregate Housing; Assisted Living Facility; and Restorative Care/Nursing Facility.
1. 
In addition to dwelling units an application may contain any or all of the following uses and associated services (not to exceed twenty-five percent (25%) of the total square footage of all the residential buildings within the project), individually or in any combination:
a. 
Dining rooms, coffee shops and related kitchen areas and facilities;
b. 
Living rooms, libraries, music rooms, auditoriums, greenhouses;
c. 
Lounges, card rooms, meeting rooms, and other social and recreational areas;
d. 
Administrative offices, social service offices;
e. 
Mail rooms, gift shops and sundries;
f. 
Medical offices, diagnostic and treatment centers, wellness centers, exercise areas;
g. 
Salon, spa, barbers and hairdressers;
h. 
Banks and ATM banking machines;
i. 
Home health care;
j. 
Adult Day Health Care services;
k. 
Community Space;
l. 
Hobby.
2. 
All uses and associated services are intended for SRCOD residents, employees and guests and are not intended to provide services to the general public.

8.8.5 Dimensional Requirements and Design Standards.

1. 
Density. A special permit granted by the Planning Board shall meet the following minimum requirements:
a. 
5,000 square feet of lot area for each detached Independent Living Unit.
b. 
4,000 square feet of lot area for each attached Independent Living Unit.
c. 
3,000 square feet of lot area for each bedroom in an assisted living, congregate housing, skilled nursing facility.
d. 
Within the SRCOD, there shall be no more than 200 Independent Living Units (attached or detached).
e. 
Within the SRCOD, there shall be no more than 200 bedrooms in all assisted living, congregate living and skilled nursing facility.
2. 
Building Height.
a. 
Any new addition or new construction, as measured from the property line, within two hundred (200) feet back from River Road shall not exceed thirty-five (35) feet.
b. 
Any new addition or new construction, as measured from the property line beyond 200 feet back from River Road shall not exceed sixty (60) feet.
3. 
Building Setbacks. Buildings shall be set back a minimum of forty (40) feet from all property lines.
4. 
Building Footprint.
a. 
Within a distance of 200 feet of River Road the maximum building footprint for a building shall be 25,000 square feet.
b. 
Beyond a distance of 200 feet of River Road, the maximum building footprint shall be 60,000 square feet.
5. 
Yard Requirements. There are no yard requirements between buildings within the SRCOD, however, all structures must conform to the Massachusetts Building Code with respect to building separation and fire walls. In a SRCOD, more than one building may be erected on a single lot.
6. 
Common Open Space. Common Open Space is the land within the parcel or lot which is not specifically reserved for the support of dwelling units and which is not covered by buildings, roads, driveways, parking areas or service areas, or which is not set aside as private yards, patios or gardens for residents. All Common Open Space shall be open and unobstructed to the sky - flagpoles, sculptures, benches, swimming pools, tennis courts, atriums, trees and similar objects shall not be considered obstructions.
The area of Common Open Space shall equal at least twenty percent (20%) of the total area of the parcel or lot.
7. 
Protected Open Space. Protected Open Space is the land within the parcel or lot that will be protected in perpetuity. The area of Protected Open Space shall equal at least thirty percent (30%) of the total area of the parcel or lot.
Such open space land shall either be conveyed to the Town of Andover and accepted by the Board of Selectmen for park or open space use or be conveyed to a nonprofit organization, approved by the Planning Board in its total discretion, the principal purpose of which organization is the conservation of open space. In any case where such land is not conveyed to the Town a restriction enforceable by the Town of Andover as approved by Town Counsel and approved by the Secretary of Energy and Environmental Affairs pursuant to Massachusetts General Laws Chapter 184 Section 32 shall be recorded by the applicant prior to the issuance of a building permit, providing that such land shall be kept in an open or natural state in perpetuity and not be built upon or developed for accessory uses such as parking or roadway. All such open space shall be restricted by deed from all future building. Before final approval of the special permit by the Planning Board, the applicant shall state which of the two conveyance options above is being proposed, and such conveyance or restriction, if approved, shall be recorded by the applicant, as a restriction on the development plan prior to issuance of a building permit.
[Amended 5-8-2017 ATM, Art. 65]
8. 
Affordability.
a. 
A minimum of fifteen percent (15%) of the total number of living units shall be set aside as affordable housing units for seniors who qualify as low, moderate, or upper-moderate income persons as defined as follows:
Low income: Below 60% of the Lawrence Standard Metropolitan Statistical Area (SMSA) median income based on Housing and Urban Development (HUD) figures ("median income") adjusted for household size.
Moderate income: 60-79% of median income.
Upper-moderate income: 80-120% of median income.
b. 
In determining the total number of affordable units required, a fractional unit of 0.5 or more shall be regarded as a whole unit.
c. 
To the extent legally permissible, the affordable units shall be offered to give the maximum preference allowed by law to current seniors of the Town of Andover, employees of the Town of Andover, Andover natives and relatives of current Andover residents ("Local Preference"). This condition is intended to complement and not to override or supersede the fair marketing regulations of the Department of Housing and Community Development (DHCD), the Massachusetts Commission Against Discrimination (MCAD), or any authority with jurisdiction and like purpose, to provide low- and moderate-income housing.
d. 
Such affordable units may be rented, sold or otherwise provided to qualified seniors in accordance with income and asset limitations established by the authorizing state or federal agency in those instances where the affordable units benefit directly from such assistance, or in the absence thereof pursuant to the definitions of income and assets established for the Low-Income Housing Tax Credit program, or pursuant to the standards promulgated by the Planning Board.
e. 
Affordable units shall be dispersed throughout the building(s) and shall be compatible with and generally comparable to the market-rate units in terms of location, quality and character.
f. 
Of the affordable units, the applicant shall set aside units representing all three income levels as follows: 30% shall serve low income persons, 40% shall serve moderate income persons and 30% shall serve upper-moderate income persons.
g. 
Although eligibility for the affordable units shall be determined by reference to income and assets of the prospective residents, the affordable units shall be considered affordable only if they are restricted in the amount of monthly rent or other monthly charges for the unit based upon a percentage of the applicable median income. For purposes of computing the monthly rent or other monthly charges for the unit, there shall be excluded any special charges for extra or specialized services which are not provided to the general population of the project but are unique to the particular needs of an individual senior. The standards of affordability for proposed projects, including, without limitation, the methods of determining and maintaining eligibility, the percentage of applicable median income used for limiting the monthly amounts charged for the affordable units and any variations in the percentages of median income in the three income levels shall be set and revised from time to time by the Planning Board provided said standards are consistent with appropriate federal and state standards.
h. 
Prior to the issuance of any building permit for any units, affordability restrictions maintaining all affordable units in perpetuity shall be embodied in applicable deed covenants, contractual agreements and/or other mechanisms to ensure compliance with this section and shall be submitted to the Planning Board and Town Counsel for review and approval. Prior to the issuance of any building permit for any units, a clearance certificate shall be required to be issued by the Planning Division indicating compliance with this subsection. No clearance certificate shall be issued for any units until (a) all documents necessary to ensure compliance with this subsection including, without limitation, the documents referred to in this Section regarding affordability, including an affordability restriction executed by the Commonwealth’s Secretary of Housing and Community Development pursuant to General Laws Chapter 184, Section 32, have been executed and recorded at the Registry of Deeds; and (b) any required cash or other contribution has been made to the Town or its designee.
[Amended 5-8-2017 ATM, Art. 66]
i. 
Nothing in this subsection shall preclude a developer from setting aside more than the required number of affordable units or from setting aside additional units for higher but limited income groups or from setting aside more units for lower-income groups.
j. 
For purposes of ensuring that the applicant is abiding by its obligations relative to the affordable units pursuant to the special permit, a monitoring agent shall be assigned by the Planning Board and prior to the issuance of a building permit, a monitoring agreement shall have been submitted to the Planning Board and Town Counsel for review and approval. The applicant and successors and assigns as owners of the project (applicant/owner), shall pay, in perpetuity, any reasonable fees charged by the monitoring agent/agency.
k. 
If an affordable dwelling unit is a rental unit, on each anniversary of the unit, the applicant/owner will obtain and maintain on file a Certification of Tenant Eligibility in a form and for the time period approved by the monitoring agent. Such Certifications shall be filed annually with the Planning Division in the Town of Andover. The applicant shall verify that the income provided by an applicant in an income certification is accurate. The applicant will maintain complete and accurate records pertaining to the Affordable Units, and during reasonable business hours and upon reasonable notice, will permit the Town to inspect the books and records of the applicant pertaining to the Affordable Units.
l. 
The applicant may, with the permission of the Planning Board, in lieu of one or more affordable ownership unit(s), contribute to the Town of Andover Municipal Affordable Housing Trust Fund, a cash contribution determined by the Planning Board in combination with the Housing Trust Fund Board of Trustees, and is to be used for the benefit of senior households in Andover.
9. 
Access and On-site Circulation. Adequate on-site circulation shall be provided to and from the site, taking into consideration the adjacent sidewalks and streets and accessibility of the site and building(s) thereon for emergency vehicles. Adequate provision shall be made for off-street loading and unloading requirements of delivery vehicles and passengers using private transportation.
10. 
Public Safety.
a. 
The facility shall have an integrated emergency call, telephone and other communication system to provide monitoring for its residents. Said system shall be reviewed and approved by Andover Fire Rescue.
b. 
There shall be sufficient site access for public safety vehicles.
c. 
A plan shall be approved by Andover Fire Rescue for the emergency evacuation of residents, regardless of impairments.
d. 
The Andover Fire Chief shall review all structures and circulation to ensure the accessibility of fire and other emergency vehicles.
11. 
Landscaping. Landscaping and screening is required to obscure visibility of parking areas, dumpster locations and loading areas from beyond the boundaries of the premises.
12. 
Transportation Services. Transportation to town services and facilities shall be provided.
13. 
Water. The proposed development shall be supplied with an adequate water system approved by the Water Division, Fire Rescue and Board of Health.
14. 
Waste Disposal. The proposed development shall be connected to a municipal sewer system or an adequate sewage disposal system approved by the Andover Board of Health.
15. 
Age Restrictions. All dwelling units within the SRCOD shall require at least one resident to have attained the age of 62 and no resident shall be under the age of 18. Prior to issuance of the first building permit for a building, the applicant shall record a restriction, approved by Town Counsel, that all units shall require at least one resident to have attained the age of 62 and that no resident of a dwelling unit shall be under the age of 18.

8.8.6 Design Objectives.

Each project within the SCROD shall:
1. 
Blend the scale of institutional, professional and residential structures into the site design.
2. 
Provide safe vehicular and pedestrian ways, and minimize traffic impacts.
3. 
Provide a minimum of two vehicular access and egress points for each project.
4. 
Preserve natural features, wetlands, scenic vistas and open spaces when possible.
5. 
Consider site design that meets the specific needs of the aging population.
6. 
Minimize the visual impact of parking areas.
7. 
Incorporate energy efficient and environmentally sensitive principles.
8. 
Provide suitable means of access and egress to dwellings for persons with disabilities. Enclosed walkways and/or unenclosed walkways connecting all buildings shall be permitted.
9. 
Shall incorporate pedestrian amenities, accessory uses and community benefits into the overall design in a harmonious way.
10. 
Locate structures on the site so as to provide for the privacy of residents adjacent to the SRCOD.
11. 
Provide a Site Management Plan developed to outline the ongoing maintenance of the Common Open Space to ensure its function, appearance, cleanliness, and for ongoing drainage and utility maintenance.
12. 
Clearly identify on a plan the publicly owned and/or publicly accessible land areas.
13. 
Provide for public pedestrian access from River Road to the Merrimack River when possible. All development proposals which include frontage along the Merrimack River shall include existing and future pedestrian pathways within 500 feet of the river for public use and enjoyment. (No pathway within 500 feet of the river should have an impervious surface). Said pedestrian pathway shall be publicly accessible via a public access easement or conveyance. The easement width for these pathways shall be not less than twenty (20) feet, unless otherwise approved by the Planning Board.
14. 
Incorporate low-impact development (LID) design techniques or Stormwater Best Management Practices (such as, but not limited to, pervious paving, landscape swales, vegetative filters or rain gardens, and landscape infiltration facilities) to lessen the environmental impact of development along the Merrimack River.

8.8.7 Roadway and Parking Requirements.

The following parking standards shall apply to SRCOD facilities approved under this section of the by-law. The Planning Board may waive the construction of parking until it is demonstrated that it is needed. However, parking areas shall be designated to anticipate the future demand. The minimum requirements are as follows:
1. 
Detached Independent Living: One (1) parking space per dwelling unit.
2. 
Attached Independent Living: One (1) parking space per dwelling unit.
3. 
Congregate Housing and Assisted Living: One (1) parking space for every five beds and one (1) parking space for each employee on the largest shift.
4. 
Restorative Care or Nursing Care facility: One (1) parking space for every twenty (20) beds and one (1) parking space for every employee on the largest shift.
All other parking and screening provisions of the Andover Zoning By-laws shall apply unless changed by this section.
If there is a mix of uses, the Planning Board may waive the parking requirements to reduce the amount of impervious material on site. The Planning Board may require areas to be set aside for future parking needs.

8.8.8 Bonus.

The granting of any bonus density shall not exempt the applicant from meeting any of the other requirements of this or other reference sections of the Bylaw. Any bonus proposal must be reviewed and approved by the Planning Board and clearly stated in the special permit.
Open Space: The objective is to increase the amount of Protected Open Space on the site and provide public access to the Merrimack River. The number of dwelling units (Independent Living, Congregate Care or Assisted Living Units or Nursing/Restorative beds) proposed may be increased by fifteen (15%) percent (i.e. for every 10 dwelling units, 2 additional dwelling units may be built) if the proposed SRCOD provides fifty (50%) Protected Open Space instead of thirty (30%) percent. A Protected Open Space plan shall identify all of the Common and Protected Open Space, and the publicly accessible land areas, with the intent of providing for public access from River Road to the Merrimack River.
Preservation: The objective is to preserve existing buildings within the district. The number of dwelling units (Independent Living, Congregate Care or Assisted Living Units or Nursing/Restorative beds) proposed may be increased by fifteen percent (15%) (i.e. for every 10 dwelling units, 2 additional dwelling units may be built) if the proponent of the SRCOD includes the preservation and rehabilitation of existing buildings as part of the redevelopment plan.
Affordable Housing: The objective is to provide additional alternative affordable housing options for seniors in Andover having reached the age of sixty-two (62). The number of dwelling units (Independent Living, Congregate Care or Assisted Living Units) may be increased by two (2) market rate dwelling units for each one (1) additional affordable unit.
Density Bonus Limitations: The use of all density bonuses provided may not result in exceeding the maximum allowed number of units as outlined herein.

8.8.9 Procedure.

1. 
Pre-Application. Prior to the submittal of a special permit application, a "Concept Plan" shall be submitted to help guide the development of the site plan process for the proposed project build-out and individual elements thereof. Such Concept Plan should reflect the following:
a. 
Overall building footprint;
b. 
Areas which shall remain undeveloped; and
c. 
General site improvements, groupings of buildings, and proposed land uses.
The Concept Plan is intended to be used as a tool for both the applicant and the Planning Board to ensure that the proposed project design will be consistent with the requirements of the SRCOD.
2. 
Application. An application for a special permit shall be submitted to the Andover Planning Board pursuant to the submission requirements and procedures contained in Section 9.4. and Section 9.5.3. of the Zoning Bylaw.
3. 
Additional Submittals:
a. 
Waivers. At the request of the applicant in a narrative form, the Planning Board may waive certain dimensional, design and other requirements as stated herein (unless expressly prohibited), in the interests of design flexibility and overall project quality if it finds that the project is consistent with the overall purpose and objectives of the SRCOD, or if it finds that such waiver will allow the project to achieve a high quality design incorporating a desired mix of open space, affordability, a mix of uses, and/or physical character.
b. 
A transportation plan, consisting of the following information:
(i) 
A plan showing the proposed parking, loading, traffic and pedestrian circulation within the site; access and egress points and other features related to traffic generated by the proposed use.
(ii) 
A traffic study, prepared by a qualified traffic engineer, detailing the expected traffic impacts. The required traffic study shall substantially conform to the Institute of Transportation Engineers' "Traffic Access and Impact Studies for Site Development: A Recommended Practice," latest edition. In addition, the applicant shall submit a Transportation Demand Management (TDM) plan tailored to the specific uses and the geographic location of the site.
(iii) 
Proposed mitigation measures, if any, including vehicle trip reduction from the Project.

8.9 MEDICAL MARIJUANA OVERLAY DISTRICT (MMOD).

[Added 5-12-2014 ATM, Art. 34]

8.9.1 Establishment.

The Medical Marijuana Overlay District ("MMOD") is established as an overlay district. The boundaries of the MMOD are shown on the Zoning Map on file with the Town Clerk. Within the MMOD, all requirements of the underlying district(s) remain in effect, except where these regulations provide an alternative to such requirements. Land within the MMOD may be used either for (1) a Registered Marijuana Dispensary ("RMD"), in which case the requirements set forth in this section shall apply; or (2) a use allowed in the underlying district in which case the requirements of the underlying district shall apply. If the provisions of the MMOD are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the MMOD conflict with the requirements of the underlying district, the requirements of the MMOD shall control.

8.9.2 Purpose.

To provide for the placement of RMDs, in accordance with the Humanitarian Medical Use of Marijuana Act, G.L. c.94C, App. § 1-1, et seq., in locations suitable for lawful medical marijuana facilities and to minimize adverse impacts of RMDs on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security, and removal of RMDs.

8.9.3 Definitions.

Where not expressly defined in the Zoning Bylaws, terms used in the MMOD Bylaw shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, G.L. c.94C, App. § 1-1, et seq. and the Department of Public Health Regulations promulgated thereunder, 105 CMR 725.001, et seq., and otherwise by their plain language.
Registered Marijuana Dispensary: Also known as a Medical Marijuana Treatment Center, means a not-for-profit entity registered under 105 CMR 725.100 that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products ("MIPs"), tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.

8.9.4 Location.

a. 
RMDs may be permitted in the MMOD but only pursuant to a Special Permit.
b. 
RMDs may not be located within 500 feet of the following:
(1) 
School, including a public or private elementary, vocational, or secondary school or a public or private college, junior college or university;
(2) 
Child Care Facility;
(3) 
Library;
(4) 
Playground;
(5) 
Public Park;
(6) 
Youth Center;
(7) 
Public swimming pool; or
(8) 
Similar facility in which minors commonly congregate.
c. 
The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in Section 8.9.4.b. to the nearest point of the property line of the proposed RMD.

8.9.5 Signage.

All signage shall conform to the requirements of the Andover Zoning Bylaw. The Planning Board may impose additional restrictions on signage as appropriate to mitigate any aesthetic impacts.

8.9.6 Procedure.

The Planning Board shall be the Special Permit Granting Authority (SPGA) for an RMD special permit.
a. 
Application: A Special Permit shall be submitted to the Andover Planning Board pursuant to the submission requirements and procedures contained in Section 9.4. and Section 9.5.3. of the Zoning Bylaw. In addition to the above requirements the applicant shall include 12 copies of the following:
1. 
A copy of its registration as an RMD from the Massachusetts Department of Public Health ("DPH");
2. 
A detailed floor plan of the premises of the proposed RMD that identifies the square footage available and describes the functional areas of the RMD, including areas for any preparation of MIPs;
3. 
Detailed site plans that include the following information:
a. 
Compliance with the requirements for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings and all other provisions of this Bylaw;
b. 
Convenience and safety of vehicular and pedestrian movement on the site and for the location of driveway openings in relation to street traffic;
c. 
Convenience and safety of vehicular and pedestrian movement off the site, if vehicular and pedestrian traffic off-site can reasonably be expected to be substantially affected by on-site changes;
d. 
Adequacy as to the arrangement and the number of parking and loading spaces in relation to the proposed use of the premises, including designated parking for home delivery vehicle(s), as applicable;
e. 
Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping; and
f. 
Adequacy of water supply, surface and subsurface drainage and light.
4. 
A description of the security measures, including employee security policies, approved by DPH for the RMD;
5. 
A copy of the emergency procedures approved by DPH for the RMD;
6. 
A copy of the policies and procedures for patient or personal caregiver home-delivery approved by DPH for the RMD;
7. 
A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between RMDs approved by DPH;
8. 
A copy of proposed waste disposal procedures; and
9. 
A description of any waivers from DPH regulations issued for the RMD.
b. 
The SPGA shall refer copies of the application to the Building Division, Fire Department, Police Department, Board of Health, Conservation Commission and the Department of Public Works. These boards/departments/divisions shall review the application and shall submit their written recommendations to the Planning Board. Failure to make recommendations within 45 days of referral of the application shall be deemed lack of opposition.
c. 
After notice and public hearing and consideration of application materials, consultant reviews, public comments, and the recommendations of other Town boards and departments, the SPGA may act upon such a permit.

8.9.7 Special Permit Conditions on RMDs.

The SPGA shall impose conditions reasonably appropriate to improve site design, traffic flow, public safety, protect water quality, air quality, and significant environmental resources, preserve the character of the surrounding area and otherwise serve the purpose of this section. In addition to any specific conditions applicable to the applicant's RMD, the SPGA shall include the following conditions in any Special Permit granted under this Bylaw:
a. 
Hours of Operation.
b. 
The permit holder shall file a copy of any Incident Report required under 105 CMR 725.110(F) with the Building Inspector, Police and Fire Departments and the SPGA within 24 hours of creation by the RMD. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.
c. 
The permit holder shall file a copy of any cease and desist order, quarantine order, suspension order, order limiting sales, notice of a hearing, or final action issued by DPH or the Division of Administrative Law Appeals, as applicable, regarding the RMD with the Building Inspector and SPGA within 48 hours of receipt by the RMD.
d. 
The permit holder shall provide to the Building Inspector, Fire Chief and Chief of the Police Department, the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.
e. 
The Special Permit authorizing the establishment of an RMD shall be valid only for the specific registered entity to which the Special Permit was issued, and only for the site on which the RMD has been authorized by Special Permit. If the registration for the RMD has been revoked by the DPH or if the RMD registration is to be transferred to another controlling entity, or is to be relocated to a different site within the Medical Marijuana Overlay District, a new Special Permit shall be required.
f. 
An RMD shall be located only in a permanent building and not within any mobile facility. All sales shall be conducted either within the building or by home deliveries to qualified clients pursuant to applicable state and local regulations.
g. 
The Special Permit shall lapse upon the expiration or termination of the applicant's registration by DPH.
h. 
The permit holder shall notify the Building Inspector, the Chiefs of the Police and Fire Departments and the SPGA in writing within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder's registration with DPH.
i. 
The Police Department, Fire Department, Building Inspector and Board of Health shall have the right to inspect the subject premises to assure compliance with the special permit.

8.9.8 Exemption from RMD Special Permit Requirement.

RMDs that demonstrate that they are protected pursuant to the agricultural exemption under G.L. c.40A § 3 are not required to obtain a Special Permit but shall apply for Site Plan Approval pursuant to Section 9.5 of the Zoning Bylaw.

8.9.9 Prohibition Against Nuisances.

No use shall be allowed in the MMOD which creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.

8.9.10 Severability.

The provisions of this Bylaw are severable. If any provision, paragraph, sentence or clause of this Bylaw or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Bylaw.

8.10 TEMPORARY MORATORIUM ON MARIJUANA ESTABLISHMENTS, MARIJUANA RETAILERS AND OTHER SALE OR DISTRIBUTION OF MARIJUANA AND MARIJUANA PRODUCTS WHICH ARE NOT INCLUDED IN THE DEFINITION OF MEDICAL MARIJUANA TREATMENT CENTERS.

[Added 5-8-2017 ATM, Art. 72]

8.10.1 Purpose.

By vote at the State election on November 8, 2016, the voters of the Commonwealth approved a law entitled the Regulation and Taxation of Marijuana Act (the "Act"), regulating the control and production and distribution of marijuana under a system of licenses and regulations. Currently under the Zoning By-Law, a Marijuana Retailer or Establishment is not a permitted use in the Town and any regulations promulgated by the Cannabis Control Commission under the Act are expected to provide guidance to the Town in regulating marijuana sales and distribution. The regulation of marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Marijuana Retail or Distribution centers and Marijuana Establishments and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning By-Law regarding regulation of Marijuana Retail sales and distribution and other uses related to the regulation of marijuana. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Marijuana Retail and Distribution so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objections.

8.10.2 Definitions.

"Marijuana," "Marijuana Establishment," "Marijuana Product," and "Marijuana Retailer" shall have the meanings as set forth in the Act.

8.10.3 Temporary moratorium.

For the reasons set forth above and notwithstanding any other provision of the Zoning By-Law to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a "Marijuana Establishment" and "Marijuana Retailer" which are not included in the definitions for Medical Marijuana Treatment Center or Registered Marijuana Dispensary. The moratorium shall be in effect through December 1, 2018. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of marijuana in Town, consider the Cannabis Control Commission regulations regarding "Marijuana," "Marijuana Establishment," "Marijuana Product," and "Marijuana Retailer" and related uses, and shall consider adopting new Zoning bylaws to address the impact and operation of Marijuana Establishments and Marijuana Retailers and related uses.
8.10.3.1. Interim restriction.
The use of land or structures for a "Marijuana Establishment" or "Marijuana Retailer" which are not included in the definition of Medical Marijuana Treatment Center or Registered Marijuana Dispensary shall not be permitted in any zoning district in the Town of Andover so long as this Section 8.10 is effective, as set forth in Section 8.10.4 below. Use variances shall be strictly prohibited.

8.10.4 Expiration.

The Moratorium shall be in effect through December 1, 2018, so that the Town of Andover can enact superseding zoning regulations that set forth requirements applicable to marijuana uses.