The purpose of this Section 7.1 is to encourage the development
of affordable housing in the Town of Andover by increasing the supply
of housing in the Town that is available to low and moderate-income
households as defined in Section 10 Affordable Housing. This Section
7.1 gives the Zoning Board of Appeals authority to issue a special
permit modifying dimensional standards for the use of existing nonconforming
lots for purposes of affordable housing as defined herein.
The following specific standards shall be applied to a dimensional
special permit for affordable housing:
1. At least 90 percent of the area of the lot shall be comprised of
contiguous uplands.
2. The lot shall be served by municipal sanitary sewer and water. In
the event municipal sewer is not available, the lot shall be capable
of supporting an on-site sewage disposal system.
3. There may not be more than one single-family dwelling on the lot.
4. No dwelling unit may contain more than 2,000 square feet of living
area, exclusive of garage space.
5. The Zoning Board of Appeals may establish setback requirements that
are compatible with adjoining properties.
In addition to the findings required under Section 9.4.2. of
the Zoning Bylaw, the permit granting authority shall consider the
following specific items:
1. That the modification of dimensional requirements is necessary to
accomplish the purpose and intent of this Section 7.1.
2. That the proposed dwelling is compatible with the existing neighborhood
with regard to size and architecture.
3. That in the absence of a special permit, the use of an existing nonconforming
lot would not be available for affordable housing.
If the Zoning Board of Appeals grants the special permit, it
shall impose as conditions of approval, the following:
1. In the event of a catastrophic event which results in damage to the
affordable dwelling such that it cannot be repaired, the owner may
rebuild on the lot, provided that the new dwelling does not contain
more than the same interior floor area as the original dwelling, and
meets one of the following requirements:
a.
The new dwelling is placed in the same footprint as the original
structure; or
b.
The new dwelling is built in conformity with the zoning side,
front, and rear setbacks in effect at the time of the rebuilding.
2. The owner shall record with the Northern Essex Registry of Deeds
an affordable housing restriction in the form approved by the Zoning
Board of Appeals, and approved and endorsed by the Director of Housing
and Community Development in accordance with G.L. c. 184, §§ 31-32.
The restriction shall include, but not be limited to the following
conditions:
a.
The residential unit shall serve households with household income
at or below 80 percent of the area median income;
b.
The residential unit shall have a deed restriction and resale
formula that keeps the unit permanently affordable;
c.
The sale of the unit shall be subject to an affirmative and
fair marketing plan; and
d.
Any mortgagee shall subordinate its mortgage to this restriction.
3. When the decision of the Zoning Board of Appeals on the application
for a dimensional special permit for affordable housing has become
final, the notice of decision and the approved and endorsed affordable
housing restriction with any required mortgagee subordination shall
be recorded concurrently with the Northern Essex Registry of Deeds.
1. Submission requirements shall be in accordance with the Zoning Board
of Appeals Rules and Regulations. The provisions of Sections 9.4.1.
through 9.4.7. of the Zoning Bylaw shall apply to the application,
hearing, decision, conditions, and lapse of a dimensional special
permit for affordable housing.
2. A dimensional special permit issued under this Section 7.1 shall
contain an account of all required findings and considerations made
by the permit granting authority in its decision to allow the exception(s).
The Planning Board may grant a special permit for the construction
and occupancy of a cluster development on a tract of land of 10 acres
or more, in any single residence district other than the Single Residence
A District, subject to the following regulations and conditions of
Section 7.2.
1. Open Space and Lot Area. The total area of common
open space (see Section 7.2.4 below) plus all lots in a cluster development
shall not be less than the product of the total number of lots times
the minimum lot size for the zoning district in which the development
is located, and in no case shall an individual lot have less than
2/3 of the required lot size for the zoning district in which the
development is located.
2. Minimum Lot Frontage. The minimum frontage of any
individual lot shall be 100 linear feet measured at the street line.
3. Reduced Lot Frontage or Lot Area. Only lots fronting
on a proposed "minor" street (a turn-out street, cul-de-sac, or dead-end
street) may have reduced lot area as per Section 7.2.2.1 above and/or
a minimum lot frontage of 100 feet measured at the street line.
4. Conformance to Frontage and Area Requirements. All
lots on existing Town or public ways or lots abutting proposed major
streets of the development (as defined in the Subdivision Rules and
Regulations) shall conform to the frontage and area requirements of
the zoning district in which the development lies. The provisions
of this Zoning Bylaw amendment shall not apply to those lots approved
prior to the adoption of this amendment pursuant to the provisions
of G.L. c. 40A and 41 and the Rules and Regulations governing the
subdivision of land in the Town of Andover.
5. Reduction in Side Yard. In consideration of a special
permit for a cluster development under this section, the Planning
Board may approve a reduction in the minimum side yard depth to 20
feet.
The applicant shall demonstrate to the Planning Board the reason
or reasons why a cluster subdivision plan should receive favorable
action by the Board on the special permit application. The applicant
shall submit a narrative statement regarding the advantages of a cluster
subdivision plan as well as a sketch plan of the conventional subdivision
at a scale of either one inch equals 40 feet or one inch equals 100
feet.
The narrative statement shall indicate the potential maximum
number of buildable lots and dwelling units for each type of subdivision.
The maximum density of a cluster subdivision shall not exceed the
maximum allowed density for a conventional subdivision. The sketch
plan is meant to be conceptual in nature but shall be realistic in
its response to existing topography, wetlands, floodplains, or where
potential building lots or roads would not ordinarily be permitted
by right in a conventional subdivision layout.
All land not designated for roads, lots for dwellings or other
development within the development shall be held for common open space.
Common open space shall be preserved for recreation or conservation
and shall comprise not less than 30 percent of the land within the
cluster development; provided, however, that proposed common open
space areas deemed by the Board to be inappropriate for the uses of
recreation, protection of significant natural features, or buffering
due to size, shape, or location of such space or area shall be excluded
from the computation of required common open space areas.
1. Conveyance. Common Open Space shall be conveyed
to one of the following:
a.
The Town of Andover and accepted by it for park or common open
space use; or
b.
A nonprofit organization, the principal purpose of which is
the conservation of common open space; or
c.
A corporation or trust owned or to be owned by the owners of
lots or residential units within the development, articles of corporation
or trust to be legally drawn up and available for review by Planning
Board prior to final approval of the plan. If such a corporation or
trust is utilized, ownership thereof shall pass with conveyances of
the lots or residential units.
In any instance where Common Open Space is not conveyed to the
Town, a restriction enforceable by the Town of Andover shall be recorded
providing that such land shall be kept in an open or natural state
and not be built upon or developed for accessory uses such as parking
or roadway. All Common Open Space shall be restricted by deed from
all future building. Before final approval of the special permit by
the Planning Board, the developer shall state which of the three conveyance
options above is being proposed, and the disposition, if approved,
shall be recorded as a restriction on the development plan with the
Northern Essex Registry of Deeds
2. Pedestrian Accessways. The Board may require the
provision or reservation of pedestrian/bicycle accessways of suitable
width and in locations suitable for pedestrian/bicycle movement of
different types connecting common open space areas within the cluster
subdivision or to other adjacent open spaces and neighborhoods, or
to public rights-of-ways.
The Planning Board shall approve a special permit for a cluster
development only if it finds that the proposed disposition of lots
and buildings under the particular circumstances involved will make
more efficient the provision by the Town of health, safety, protective,
and other services without causing substantial detriment to the character
of the neighborhood. In its consideration of a plan being proposed
as a cluster subdivision, the Board shall give particular attention
to, and may use as a basis for its decision, the following criteria:
1. The arrangement of lots, streets, and buildings as they may promote
the harmonious integration of the proposed development with existing
surrounding properties;
2. Originality in the overall layout and design to achieve the best
possible relationship between the proposed development and the land;
3. Usability of open spaces for active or passive recreation, determined
by size, shape, topography, and location;
4. Inclusion within open spaces of irreplaceable natural features such
as streams, mature trees, clusters of trees, rock outcrops, eskers,
bluffs, slopes, and historic or archaeological features;
5. Accessibility of open spaces to people with disabilities, older adults,
and children and that meet the requirements of the Massachusetts Architectural
Access Board and the Americans with Disability Act; and
6. Suitability of open spaces for scenic values and improvement or preservation
of views.
The objectives of this Section 7.3 are to achieve the following
public purposes:
1. To provide for the development and use of alternative housing and
nursing care for older adults in accordance with the Town's Master
Plan.
2. To create geriatric home health care, housing, and other supportive
services outside of an institutional setting.
3. To encourage the preservation of open space.
4. To provide alternative housing for older adults, as defined in Section
10, that cause relatively little demand on Town services.
5. To preserve the town's residential and architectural character.
6. To provide such accommodations in a manner harmonious with the surrounding
land uses while protecting natural resources and open space.
7. To provide housing that is affordable to older adult residents of
Andover.
1. The Planning Board, as the special permit granting authority (SPGA),
may grant a special permit for housing for older adults as described
in Section 7.3.
2. This section shall not apply to assisted living residences existing
on the date of adoption of this section.
Dimensional requirements and design standards shall be as follows:
1. Minimum Lot Size. An assisted living residences
shall be permitted in the SRA and SRB Districts only within a single
lot containing a total area of not less than five acres. In the MU
District, the minimum lot size shall be two acres. There shall be
no minimum lot size required for the GB District.
2. Density. The maximum allowable density shall be
3,000 square feet of lot area per assisted living unit.
3. Building Height. Any addition or new construction
shall not exceed 35 feet in height as measured in accordance with
the State Building Code or three stories. This does not preclude the
reuse and renovation of existing structures that may exceed this height
limit.
4. Building Coverage. The maximum building coverage,
including accessory buildings, shall not exceed 30 percent of the
lot area for new construction or expansion of existing structures.
5. Building Setbacks. In the SRA and SRB Districts,
buildings shall be set back a minimum of 50 feet from all property
lines. In the MU District, the building setback will be 20 feet. Buildings
in the GB District shall be setback as required in Section 4.1.4.2.b
of this Bylaw.
6. Setback from Residential Dwellings. In the SRA and
SRB Districts, all buildings associated with the assisted living residences
shall be set back a minimum of 200 feet from existing residential
dwellings; however, with respect to accessory structures not greater
than 300 square feet in said districts, the SPGA, in its discretion,
may reduce the setback by an amount to no closer than 100 feet if
it determines that the structure will not adversely impact the use
and enjoyment of the existing residential dwelling. In the MU and
GB districts, the setback shall be 50 feet.
7. Minimum Lot Frontage. The minimum lot frontage shall
conform to the requirements of the district where assisted living
residence use is located.
8. Town Services. Assisted living residences shall
be serviced by public water and sewer of sufficient capacity to serve
the project. Any extension and/or replacement of sewer and/or water
lines necessary to provide sufficient capacity shall be the responsibility
of the applicant.
9. Transportation Services. The operator of the assisted
living residence shall be required to provide or arrange for transportation
to Town services and facilities for the residents.
10.
Common Open Space: In the SRA and SRB Districts,
there shall be an area of common open space equal to at least 30 percent
of the lot area. The common open space shall be retained in perpetuity
for conservation or passive recreation use. No more than 25 percent
of the minimum required open space shall be situated within wetlands.
A permanent conservation restriction as approved by Town Counsel and
the Secretary of the Executive Office of Energy and Environmental
Affairs pursuant to G.L. c. 184 § 32 shall be recorded for
the common open space area and shall include restrictions that the
land be retained in perpetuity for conservation and/or passive recreation.
11.
Parking. The minimum number of parking spaces
provided on the lot shall be 0.4 parking space per assisted living
unit plus one parking space per three employees during the largest
shift. Up to 25 percent of the minimum number of required spaces may
be allocated for compact cars in accordance with the parking requirements
of Appendix A, Table 3 this Bylaw. The Planning Board, in its discretion,
may require additional parking spaces to serve the needs of employees,
visitors, and service vehicles, such spaces to be provided in a "reserve
parking area" that would not be built unless determined necessary
by the Building Commissioner. Parking shall meet the requirements
of the Massachusetts Architectural Access Board and the Americans
with Disabilities Act (ADA).
12.
Access and On-site Circulation. Adequate on-site
circulation shall be provided to and from the site, taking into consideration
the adjacent sidewalks, streets and accessibility of the site and
building(s) for emergency vehicles. Adequate provision shall be made
for off-street loading and unloading requirements of delivery vehicles
and passengers using private transportation.
13.
Public Safety. The facility shall also have
an integrated emergency call, telephone, and other communication system
to provide monitoring for its residents. There shall be sufficient
site access for public safety vehicles. A plan shall be approved by
the Andover Fire Department for the emergency evacuation of residents
with emphasis on ensuring the safety of residents with physical impairments.
14.
Landscaping. Landscaping and screening shall
be required to obscure visibility from beyond the boundaries of the
premises of parking areas, dumpster locations, and loading areas.
In the SRA and SRB Districts, the minimum setback from all property
lines of parking lots, dumpster locations, and loading areas except
for their points of ingress and egress shall be 15 feet.
1. Except as provided in Sections 7.3.4.7 and 7.3.4.11, 15 percent of
the total number of assisted living units shall be set aside as affordable
housing units for older adults who qualify as low, moderate, or upper-moderate
income persons as defined in Section 10.
2. In determining the total number of affordable units required, a fractional
unit of 0.5 or more shall be regarded as a whole unit. To the extent
legally permissible, the affordable units shall be offered to eligible
Andover residents before being offered to non-Andover eligible persons.
3. The affordable units may be rented, sold, or otherwise provided to
qualified older adults 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.
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 SPGA.
4. 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.
5. Affordable units shall be set aside in a manner representing all
three income levels as follows: 20 percent shall serve low income
persons, 50 percent shall serve moderate income persons and 30 percent
shall serve upper-moderate income persons.
6. 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 that are not provided to the general population of the project
but are unique to the particular needs of an individual resident.
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 SPGA provided said standards
are consistent with appropriate federal and state standards.
7. At the discretion of the SPGA, the applicant may be permitted to
set aside a lower percentage of affordable units, but in no case less
than 10 percent of the units, if, in the opinion of the SPGA, the
applicant has demonstrated that public subsidies (such as public or
low interest financing; tax benefits; and Town-provided subsidies
such as provision of services, real estate tax abatements, reduced
assessments, or reductions of water and sewer charges with respect
to the affordable units) are unavailable or inappropriate and/or the
provision of the required percentage of affordable units will threaten
the viability of the project without some form of relief. Under these
circumstances, or in order to encourage an applicant to exceed the
required percentage of affordable units, the SPGA may:
a.
Provide a density bonus whereby the total number of allowable
units computed hereunder ("Maximum allowable units") may be increased
by a number of additional units determined by the SPGA, not to exceed
25 percent of the maximum allowable units. Any additional units granted
by the SPGA as a density bonus shall be market units and shall not
cause a corresponding increase in the number of required affordable
units;
b.
Permit higher percentages of units to be offered to moderate
or upper-moderate income persons; or
c.
Permit the applicant to make a cash or other contribution to
the Town or its designee for use by the Town in (1) providing or subsidizing
affordable housing for low, moderate, and upper-moderate income older
adults as defined in Section 10 or (2) providing other facilities
or services for older adults.
8. Affordability restrictions shall be embodied in applicable deed covenants,
contractual agreements, and/or other mechanisms to ensure compliance
with this section.
9. All affordable units shall be maintained as affordable housing units
for the life of the assisted living residences.
10.
Prior to the issuance of any building permit for any units,
a clearance certificate shall be required to be issued by the Planning
Department 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 Section
7.3.4.8 have been executed and, if required, recorded with the Northern
Essex Registry of Deeds; and
b.
Any required cash or other contribution has been made to the
Town or its designee.
11.
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.
The operator of the assisted living residences may also provide
optional services on the site for the convenience of residents, including
but not limited to transportation, barber/beauty services, sundries
for personal consumption, laundry services, and other amenities, provided
such uses serve primarily the residents and staff of the assisted
living residence and the accessory uses shall be wholly within a residential
structure and shall have no exterior advertising display.
1. Building Coverage. The maximum building coverage,
including accessory buildings, shall not exceed 30 percent of the
lot area for new construction or expansion of existing structures.
2. Building Setbacks. Buildings shall be set back a
minimum of 50 feet from all property lines.
3. Setback from Residential Dwellings. All buildings
associated with the long-term care facility shall be no closer than
200 feet from existing residential dwellings.
4. Minimum Lot Frontage. The minimum lot frontage shall
conform to the requirements of the district where such use is located.
5. Town Services. Long-term care facilities shall be
serviced by public water and sewer of sufficient capacity to serve
the project. Any extension and/or replacement of sewer and/or water
lines necessary to provide sufficient capacity shall be the responsibility
of the applicant.
The provisions for assisted living residences, Sections 7.3.3
to 7.3.5 inclusive, shall apply.
1. Conversion. The provisions of Section 7.7.2 for
conversion of a one- or two- or more family dwelling, shall apply.
2. Parking Requirements. The provisions of Appendix
A, Table 3, Section A.5.d shall apply.
1. Submission requirements and procedures shall be in accordance with
Section 9.4 and the Planning Board's Rules and Regulations.
2. Before acting on the application, the Planning Board shall submit
it to the Design Review Board (DRB), which shall submit recommendations
as it deems appropriate to the Planning Board. Failure to make recommendations
within 30 days of receipt shall be deemed lack of comment or opposition.
For DRB review of housing for older adults in General Business (GB)
and Mixed Use Districts (MU), see also Sections 9.6.2 and 9.6.3.
The purpose of this Section 7.4 is to encourage the preservation
of buildings, structures, sites, and settings of historic significance,
by allowing such buildings or features to remain in place or be moved
to another location rather than be demolished or otherwise compromised.
This Section 7.4 gives the Zoning Board of Appeals the authority to
issue a special permit modifying certain dimensional standards for
the creation of new lots, or for the use of existing lots, for purposes
of preservation of historic structures or buildings as defined herein.
A special permit for historic preservation shall apply only to the
lot on which the historic building or structure is or will be located
pursuant to the special permit and to any new lot created pursuant
to the provisions of Section 7.4.3.7 below that does not meet the
dimensional requirements of Section 4.1.2 (the "Table of Dimensional
Requirements").
The Zoning Board of Appeals shall be the special permit granting
authority (SPGA).
For purposes of a dimensional special permit for historic preservation
the historic building or structure must be located in the Town of
Andover and structure must be listed on one of the following:
1. The National Register of Historic Places;
2. The State (Commonwealth of Massachusetts) Register of Historic Places;
or
3. The Andover Historic Building Survey.
The following specific standards shall be applied to a Dimensional
Special Permit for Historic Preservation:
1. The Parent Parcel shall be located in a SRA, SRB, or SRC District.
As used in this Section 7.4, the Parent Parcel is the parcel of land
that is the subject of the application for a dimensional special permit
for historic preservation.
2. Any Host Lot created under this Section 7.4 shall contain not less
than the minimum lot area listed below. As used in this Section 7.4,
a Host Lot is the lot on which the historic building or structure
is currently located, or, if the historic structure is to be moved
from another location, the lot on which the historic structure is
to be located. A Host Lot may be the entire Parent Parcel, or it may
be created by the division of the parent parcel into a Host Lot and
one or more new lots. A New Lot is any lot or lots, created by the
division of the Parent Parcel, that is not a Host Lot. The minimum
lot area shall be contiguous upland, free of wetlands.
a.
In the SRA District: one-half the minimum lot area for the SRA
District, as set forth in Section 4.1.2 of this Bylaw.
b.
In the SRB District: one-half the minimum lot area for the SRB
District, as set forth in Section 4.1.2 of this Bylaw.
c.
In the SRC District: one-half the minimum lot area for the SRC
District, as set forth in Section 4.1.2 of this Bylaw.
3. Lot frontage and minimum yard depths for a Host Lot created under
this Section 7.4 shall be as follows:
a.
In the SRA District:
ii.
Minimum yard depth: front: 25 feet or the current setback whichever
is less; side: 10 feet; rear: 30 feet;
b.
In the SRB District:
ii.
Minimum yard depth: front: 35 feet or the current setback whichever
is less; side: 15 feet; rear: 30 feet;
c.
In the SRC District:
ii.
Minimum yard depth: front: 35 feet or the current setback whichever
is less; side: 20 feet; rear: 30 feet;
4. Any Host Lot or New Lot created under this Section 7.4 shall have
its required frontage on a public way as measured at the street line.
5. Any Host Lot or New Lot created under this Section 7.4 in the SRA
or SRB District shall be served by municipal sanitary sewer and water.
6. Any Host Lot or New Lot created under this Section 7.4 in the SRC
District shall be served by municipal water, and if sanitary sewer
is not available, the lot shall be capable of supporting an on-site
sewage disposal system, or in the event that the lot is not serviced
by municipal sanitary sewer and water at the time of the Zoning Board
of Appeals hearing, but the Zoning Board of Appeals finds that sewer
and water service will be available, the Zoning Board of Appeals shall
make as a condition of its approval that no occupancy permit shall
issue until the lot is serviced by municipal sanitary sewer and water.
7. No New Lot shall be created that does not meet the dimensional requirements
of the district in which it is located, as set forth in Section 4.1.2,
including, but not limited to, lot area, frontage and minimum yard
depths.
8. If the Parent Parcel is to be divided so as to create more than one
Host Lot, a separate, related application for an Historic Preservation
- Dimensional Special Permit shall be filed for each additional Host
Lot and its associated historic building or structure.
9. A vacant existing nonconforming lot that is to become a Host Lot
without further subdivision need not meet the standards set forth
in Subsections 1 through 3 above; however, the provisions of Subsections
4 and 5 shall apply.
10.
The Zoning Board of Appeals shall determine whether or not an
historic structure or building can be placed on a lot without detrimental
effect on abutting properties or the street on which the lot has its
frontage.
11.
If a New Lot is to be created from the Parent Parcel, the design
of the new structure to be built on the New Lot shall be submitted
to the Andover Preservation Commission, which shall review the design
of the new structure, including factors relating to building massing,
materials, siting, dimensions, and setbacks as these factors relate
to compatibility with the existing neighborhood. Approval of the design
by the Andover Preservation Commission shall be required prior to
the issuance of a building permit for the new structure.
Priority in granting an Historic Preservation – Dimensional
Special Permit shall, in all cases, be placed upon keeping buildings
and structures in place, rather than moving them to other locations,
provided that the existing site can be shown to represent valid historical
setting and context. Moving of structures or buildings to other locations
shall be considered only if no other preservation measures are practical
or reasonable on the existing site, or if the proposed removal is
to return a building or structure to an original or more historically
accurate location.
In addition to the findings required under Section 9.4.2 of
the Zoning Bylaw and the foregoing standards and regulations, the
Zoning Board of Appeals shall consider the following specific items
in determining whether to grant an Historic Preservation – Dimensional
Special Permit.
1. That the modification of dimensional requirements is necessary to
protect, preserve, or maintain an historic structure or building.
Factors to be considered shall include the historic significance of
the structure or building, the physical condition of the structure
or building, and the extent and cost of repairs and renovations necessary
to preserve the historic structure or building;
2. That the proposed work, including any relocation or reconstruction,
preserves to the maximum extent feasible the historical and architectural
features of the structure or building;
3. That in the absence of an Historic Preservation - Dimensional Special
Permit, destruction of an historic structure or building will likely
result;
4. The report of the interdepartmental review team;
5. The report of the Andover Preservation Commission and any applicable
Historic District Commission, including recommended conditions relating
to the repair, restoration, or modifications to the existing historic
structure, as set forth in Section 7.4.5.
1. Conditions relating to the repair, restoration, or modifications
to the existing historic structure, including a schedule of work to
be performed, sufficient to ensure the preservation and integrity
of the historic structure and to prevent deterioration due to neglect
or disuse, intentional or otherwise. Such conditions shall provide
that existing historic structures be secured and maintained in a good
state of repair until such time as restoration work is commenced or
it is moved to the Host Lot.
2. If, in the event a fire, explosion, or other catastrophic event,
there is damage to the historic structure such that the historic structure
cannot be repaired, then following the approval and recording of the
historic preservation restriction as provided for in § 7.4.5.12
below, the owner may rebuild on the Host Lot, provided that the new
structure does not contain more than the same interior floor area
as the historic structure and meets one of the following requirements:
a.
The new structure is placed in the same footprint as that occupied
by the historic structure; or
b.
The new structure is built in conformity with the applicable
front, side and rear setback requirements in effect at the time of
rebuilding as set forth in Section 4.1.2.
If a new structure is to be built pursuant to either (a) or
(b) above, the design of the new structure to be built shall be submitted
to the Andover Preservation Commission, which shall review the design
of the new structure, including factors relating to building massing,
materials, siting, dimensions, and setbacks as these factors relate
to compatibility with the existing neighborhood. Approval of the design
by the Andover Preservation Commission shall be required prior to
the issuance of a building permit for the new structure.
3. If the historic structure is to be moved to the new Host Lot from
another location, the following conditions shall be imposed:
a.
The Select Board shall approve the route and the timing of the
movement of the building or structure; and
b.
The existing historic structure shall be secured from the elements
and maintained in a good state of repair until such time as it is
moved to the new Host Lot.
4. Prior to the meeting of the Select Board to approve the movement
of the historic building or structure:
a.
The Applicant shall submit to the Building Commissioner and
the Zoning Board of Appeals a statement, prepared and signed by a
Structural Engineer licensed to practice in the Commonwealth of Massachusetts,
affirming that the historic structure is in suitable condition to
be moved. This statement shall be signed and dated within fourteen
days of the posting of the agenda for meeting of the Select Board
at which the movement is to be approved.
b.
The Preservation Commission shall approve, in writing, any changes
to the historic structure that involve the removal of historic material
if such changes have not been specifically authorized in the Zoning
Board of Appeals' conditions of approval.
5. If the historic structure is to be moved, the rights granted by the
Special Permit, including, but not limited to, the right to subdivide
the Parent Parcel and create any New Lots, shall be effective only
upon the successful relocation of the historic structure and its placement
on its new permanent foundation, with all temporary supporting structures
removed, so that the building is supported only by its new permanent
foundation.
6. Following the movement of the historic structure to its new location,
the Applicant shall submit to the Building Commissioner and the Zoning
Board of Appeals a statement, prepared and signed by a Structural
Engineer licensed to practice in the Commonwealth of Massachusetts,
affirming that the historic structure has been successfully moved
and placed on its new foundation, with all temporary supporting structures,
including cribbing and beams used in transit, removed, so that the
building is supported only by its new permanent foundation. No building
permits for any additional work shall be issued until such statement
has been received and the relocated structure has been inspected by
the Building Commissioner.
7. If the historic structure is not successfully relocated to its new
location as provided above, the Special Permit shall be null and void
and the Host Lot shall not be considered a buildable lot under the
Zoning Bylaw. In the event that the historic structure is destroyed
or damaged beyond repair prior to being moved successfully to its
new location, the Special Permit shall be null and void.
8. After the Historic Preservation - Dimensional Special Permit has
become final, any proposed alterations or changes to the historic
structure shall be submitted to the Andover Preservation Commission
for its review and approval. If the Preservation Commission determines
that the proposed alterations or changes are not minor, the owner
shall seek a modification of the special permit from the Zoning Board
of Appeals.
9. When the decision of the Zoning Board of Appeals on the application
for a Historic Preservation - Dimensional Special Permit has become
final and has been recorded with the Northern Essex Registry of Deeds,
the plan upon which the decision is based shall be submitted to the
Planning Board for certification as an Approval Not Required (ANR)
plan pursuant to G.L. c. 41, § 81P.
10.
The Approval Not Required (ANR) plan as endorsed by the Planning
Board or a certificate by the Town Clerk regarding the approval of
the ANR plan shall be recorded with the Northern Essex Registry of
Deeds.
11.
Other than permits required to protect or stabilize the existing
historic structure, no building permit shall be issued until the ANR
Plan has been recorded with the Northern Essex Registry of Deeds.
12.
The owner shall record with the Northern Essex Registry of Deeds
an historic preservation restriction in the form approved by the Zoning
Board of Appeals, and approved and endorsed by the Select Board and
by the Massachusetts Historical Commission in accordance with G.L.
c. 184, § 32, which shall at a minimum provide for conditions
under which alterations, additions, or modifications may be made,
and in the event of damage to the historic structure such that the
historic structure cannot be repaired, the owner may rebuild on the
lot, provided that the new dwelling does not contain more than the
same interior floor area as the historic structure and meets one of
the following requirements:
a.
The new dwelling is placed in the existing footprint; or
b.
The new dwelling is built in conformity with the zoning side,
front, and rear setbacks in effect at the time of rebuilding. Any
mortgagee shall subordinate its mortgage to this restriction. No Certificate
of Occupancy shall be issued until the Historic Preservation Restriction
has been recorded pursuant to this section.
Submission requirements and procedures shall be in accordance
with the Zoning Board Rules and Regulations under Section 9.4.
The purposes of this Section 7.5 are:
1. To promote and encourage alternative forms of housing that are accessible
to existing Town services;
2. To protect the natural environment and to conserve open space;
3. To promote energy conservation;
4. To allow development within the existing capacities of Town services;
and
5. To provide housing that will not be detrimental to the established
or future character of the neighborhood and Town.
The Planning Board may grant a special permit for an Attached
Cluster to allow the construction of multiple dwellings subject to
the criteria of Section 9.4.2 and to the following conditions set
forth herein.
The maximum base number of dwelling units shall be determined
by dividing the buildable area by the minimum lot size allowed in
the zoning district. For each base dwelling unit of 1,000 square feet
or less, the applicant is entitled to a credit for 50 percent of an
additional dwelling unit of smaller size. Buildable area is calculated
by subtracting from the total area of the lot a number that is 90
percent of the area shown as wetlands on the Town of Andover wetland
maps.
1. Lot Size. Each lot shall be not less than 10 acres
nor more than 25 acres.
2. Building Height. No building shall exceed 35 feet.
3. Building Setbacks.
a.
Each building shall be set back at least 75 feet from all property
boundaries; and
b.
Each building shall be set back at least 15 feet from any road
or parking area and set back at least 50 feet from other buildings.
4. Frontage. The lot shall have a minimum of 50 feet
of frontage on an existing public way that has sufficient capacity
to accommodate the projected traffic flows from the project.
All land not designated for roads, buildings, or privately owned
yards and which is unsuitable for development shall be designated
open space. Areas that are unsuitable for development shall include,
but not be limited to, floodplains, wetlands as shown on the Town
of Andover wetland maps, slopes of greater than 15 percent, and areas
with ledge closer than four feet to the surface of the ground.
1. Open space shall comprise a minimum of 60 percent of the total area
of the lot, and at least 50 percent of the open space shall be accessible
and usable for recreation purposes.
2. Prior to the sale of any dwelling unit, the applicant shall submit
a conservation restriction on the open space to the Planning Board
for its review, modification, and approval, and shall record the approved
conservation restriction with the Northern Essex Registry of Deeds.
In the event of the sale of any dwelling unit prior to the recording
of an approved conservation restriction, the Town shall have a lien
on said real property for the value of the conservation restriction.
3. Prior to the sale of any dwelling unit, the applicant shall convey
all open space land to either the Town, a nonprofit corporation, or
a homeowners' association. If the applicant intends to convey
to a nonprofit corporation or a homeowners' association, the
applicant must obtain the prior approval of the Planning Board.
The following design standards shall apply:
1. There shall be not less than three nor more than six dwelling units
in each building;
2. Each dwelling unit shall have a separate exterior entrance to the
unit at ground floor level;
3. Buildings shall be designed and placed and landscaping used to maximize
visual and audible privacy between buildings;
4. The number of dwelling units that have more than four rooms excluding
bathrooms may not exceed 60 percent of the total number of dwelling
units in the development;
5. The design and layout of the buildings and accessory uses may not
be altered without prior approval of the Planning Board;
6. At least two parking spaces per dwelling unit shall be provided on
the lot either in an off-street paved area or in a garage or carport;
no parking area may have more than 12 spaces;
7. Adequate provision shall be made for aisles, driveways, visitor parking,
and snow disposal;
8. Appropriate landscaping shall be used to prevent or minimize lighting
overspill;
9. All utilities shall be buried;
10.
All access roads shall have a minimum width of 30 feet and shall
be built to a standard approved by the Planning Board, dependent upon
the advice of the Director of Public Works;
11.
No entrance or exit from the development to an existing public
or private way may be allowed unless there are sight distances of
at least 250 feet in both directions on the public or private way,
and unless no other public way or private way intersects the existing
roadway within 150 feet of the proposed entrance or exit; and
12.
There shall be Town water and sewer available in said public
way and said water and sewer lines shall have sufficient capacity
to accommodate the project.
Submission requirements and procedures shall be in accordance
with the Planning Board Special Permit and Site Plan Review Rules
and Regulations under Sections 9.4 and 9.5.
Before acting upon the application, the Planning Board shall
submit it to the following boards and agencies that may review it
jointly or separately: the Board of Health, the Conservation Commission,
the Department of Public Works, the Design Review Board, and other
boards or agencies the Planning Board may deem appropriate. Any agency
to which applications are referred for review shall submit its recommendations
as it deems appropriate to the Planning Board. Failure to make recommendations
within 20 days of receipt shall be deemed lack of comment or opposition.
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. This additional information
shall be submitted within 10 days of the expiration of the previous
20 days as set forth in Section 7.5.8 above.
The procedure for a special permit under this section shall
be governed by Section 9.4. If the Planning Board disagrees with the
recommendations of the Conservation Commission or the Board of Health,
the reasons shall be stated in the special permit decision filed with
the Town Clerk.
The Board may grant a special permit for Attached Cluster only
if its finds that the applicant has demonstrated the following:
1.
That the Attached Cluster plan will be in harmony with the purposes
of Section 7.5.1 and the long-range plan of the Town;
2.
That it will not have a detrimental impact on the neighborhood,
will be designed with due consideration for health and safety, and
is superior to a conventional subdivision plan in preserving open
space, minimizing environmental disruption, allowing more efficient
provision of services, or allowing for greater variety in prices and
types of housing stock.
The conversion of an existing structure of 50,000 square feet
gross floor area or more to multifamily dwelling use shall be permitted
upon the grant of a special permit by the Zoning Board of Appeals,
subject to the following conditions:
1. There shall be at least 3,500 square feet of lot area per dwelling
unit.
2. Off-street parking shall be provided as per Appendix A, Table 3,
subsection A.4.d.
3. The dimensional requirements of Section 4.0 shall be waived for the
existing structure and any addition or extension required by law for
handicapped access and/or life safety purposes. No other exterior
additions or extensions shall be allowed.
4. All elements of the site design, including but not limited to vehicular
and pedestrian circulation, landscaping, and exterior lighting shall
be laid out to reinforce the harmony of the premises with the surrounding
neighborhood.
5. The criteria of Section 9.4.2 shall govern the decision of the Zoning
Board of Appeals.
The Zoning Board of Appeals may grant a special permit for the
construction, conversion, and occupancy of multiple dwellings subject
to the following regulations and conditions of this Section 7.7.
For the conversion of a structure with one dwelling unit or
a structure with two or more dwelling units, the following eligibility
criteria apply:
1. The building must have existed prior to March 10, 1941;
2. There shall be 2,500 square feet of lot area for each dwelling unit;
3. Parking shall be provided as required by Appendix A, Table 3; and
4. The building may not be increased in area, footprint, height, or
otherwise enlarged beyond the existing framework, except as may be
necessary to provide for secondary egress in the form of an outside
stairway or accessibility.
The construction of apartment buildings shall be governed by
these conditions:
1. No more than 12 dwelling units shall be contained in any building
in an Apartment District;
2. There shall be a minimum of 3,500 square feet of lot area per dwelling
unit;
3. There shall be a paved driveway or paved walk adequate to accommodate
emergency vehicles, within 50 feet of the outside entrance to each
dwelling unit;
4. No dwellings shall be nearer to each other at any point than the
sum of the heights of their opposing exterior walls unless both such
walls are unpierced, and walls shall be considered opposing if the
angle between them is less than 30 degrees;
5. No structure shall be built within 30 feet of any way, and no structure
or parking space shall be built or maintained within 20 feet of any
other exterior property line; and
6. Off-street parking shall be provided as per Appendix A, Table 3,
subsection A.4.b.
Submission requirements, procedures, and decision criteria shall
be in accordance with Section 9.4 and the Zoning Board of Appeals
Rules and Regulations.
The Planning Board may grant a special permit for Planned Development-Multifamily
Dwelling (PD-MD) or Planned Development-Mixed Use (PD-MU) for the
following types of structures and uses:
1. PD-MD. (a) conversion or expansion of existing nonresidential
structure(s) to multifamily dwellings; or (b) new multifamily dwelling
construction.
2. PD-MU. (a) redevelopment, conversion or expansion
of existing structure(s) to a combination of multifamily and business
uses, or a combination of nonresidential uses permitted in the zoning
district; or (b) new construction for combined multifamily and business
uses or new construction for a combination of nonresidential uses
permitted in the zoning district.
3. Exemption from Special Permit Requirement. Any mixed use development
comprised only of nonresidential uses shall not require a PD special
permit under this Section 7.8 if the lot area is less than two acres
in size.
The maximum allowable density shall be determined by calculating
the required lot area per dwelling unit as follows:
1. General Business District (GB). 2,000 square feet
of lot area per dwelling area unit.
2. Mixed Use District (MU). 3,000 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.
1. Building Height. Any addition or new construction
shall not exceed the maximum height allowed by Appendix A, Table 2
of this Bylaw.
2. Building Coverage.
a.
General Business District (GB): an existing structure occupying
more than 2/3 of the lot area shall not be expanded. New structures
shall not exceed 2/3 of the lot area within the General Business district.
b.
Mixed Use District (MU): maximum building coverage shall not
exceed 40 percent for new construction or expansion.
3. Building Setbacks.
a.
General Business District (GB): building setbacks shall be determined
in accordance with Section 4.1.4.2.b of this Bylaw.
b.
Mixed Use District (MU): new construction or building expansion
shall be set back 20 feet from all property lines.
4. Minimum Lot Frontage. In a Mixed Use District only,
the lot shall have a minimum frontage of 50 feet on an existing public
way.
5. Setbacks From Residential Dwellings.
a.
General Business District (GB): No building shall be erected
within 15 feet of a residential building.
b.
Mixed Use District (MU): no structure shall be constructed nearer
than 50 feet from the outside wall of an existing residential dwelling.
1. No application for a PD-MD or PD-MU that contains residential use
shall be approved unless at least 15 percent of the total dwelling
units proposed are devoted to affordable housing, or other percentage
as may be required by state or federal subsidy programs; provided,
however, that applications requesting three or fewer dwelling units
are exempt from this requirement.
2. "Affordable housing" shall be as defined in Section 10.
3. The calculation of affordable units shall be rounded to the next
whole number for units equal to 0.5 or greater.
1. Access. Parking lot driveways shall not provide
access onto North Main Street or Main Street unless granted a special
permit by the Planning Board in accordance with Section 5.1.10.
2. Parking Requirements.
a.
There shall be two parking spaces per dwelling unit. Visitor
parking shall be determined by the Planning Board with reference to
the number of dwelling units proposed.
b.
For mixed use developments, the parking required for each use
shall be calculated and added to the total.
c.
Upon the issuance of a special permit by the Planning Board,
the required number of parking spaces on a common lot may be reduced
if it can be shown that the parking needs for the uses are such that
a lower total will serve all uses adequately. The Planning Board shall
use the criteria under Section 5.1.12.5 in its review of the proposed
parking alternative(s).
d.
Parking lots and driveways shall be designed as per Section
5.1. The Planning Board, in its discretion, may allow alternative
dimensional designs for parking spaces and parking aisles if the Board
finds that the design satisfies the objectives of Section 5.1.1 of
this Bylaw.
e.
Parking areas, driveways and pedestrian walkways shall be designed
to ensure safe separation of vehicles and pedestrians and sufficient
on-site traffic circulation and control in relation to surrounding
streets and pedestrian ways. Pedestrian walkways shall be designed
to link parking areas to buildings and, where applicable, to provide
access along waterways and to abutting open space.
3. Landscaping, Screening, and Lighting. Where a parking
lot exceeds 50 parking spaces, at least 5 percent of the parking lot
interior shall be landscaped. "Landscaping" is defined as planted
trees, shrubs, and ground covers in a prepared planting area.
a.
Landscaping shall be used to:
i.
buffer adjacent properties;
ii.
provide separation between buildings and parking areas; and
iii. provide shading within parking areas.
b.
Parking areas shall be screened by landscaping, fencing or berms
to minimize headlight glare. Lighting shall be designed and screened
to prevent light overspill onto abutting properties and ways.
4. Disposal Areas. Adequate provision shall be made
for snow disposal areas and dumpsters where appropriate. Dumpsters
shall be screened by fencing or landscaping.
5. Access and Utilities.
a.
The lot shall have frontage on an existing public way with sufficient
capacity to safely accommodate the projected traffic volume;
b.
There shall be Town water and sewer available with sufficient
capacity to serve the project;
c.
Emergency vehicles shall have sufficient access to each structure.
In a Mixed Use District (MU), at least 20 percent of the lot
shall be maintained as open area. Open area shall include landscaped
yard setbacks, natural areas, recreation areas, pedestrian walkways,
conservation areas, landscaping around buildings, and interior landscaping
for parking lots.
Submission requirements and procedures shall be in accordance
with the Planning Board Rules and Regulations for Special Permits
and Site Plan Review under Section 9.3.
The Planning Board may grant a special permit if it finds all
of the following:
1. That the design standards and review criteria in this section have
been met;
2. The provisions for parking and vehicular circulation on the site
and access onto adjacent roadways will promote safe traffic control
and flow;
3. The provision for landscaping and screening will provide an adequate
buffer for adjoining properties, will minimize the impact of the proposed
uses and parking areas, and will minimize the effect of the bulk and
height of buildings and structures;
4. Any provision for pedestrian ways will provide safe and convenient
access on-site with linkage to adjacent pedestrian areas;
5. The project will provide for adequate drainage, water, and sewer
facilities with sufficient capacity to serve the planned development;
and
6. The intersections and roadways likely to be affected by the proposal
are of sufficient capacity and design to accommodate the planned development.
In granting a special permit, the Planning Board may impose
reasonable conditions and safeguards that may include, but shall not
be limited to, the following:
1. Requirements for reasonable off-site improvements to offset the impacts
on the capacity and safety of adjacent roadways and intersections
and the capacity of the water, sewer, and drainage systems affected
by the proposed development;
2. Conditions to minimize impacts on environmental quality;
3. Requirements on the site design of the planned development to ensure
compatibility with existing structures and neighboring properties;
and
4. Controls on the location and type of vehicular and pedestrian access.