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 these 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.
The purpose of the Mixed Use District is to foster greater opportunity
for creative development by providing guidelines that 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.
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 percent of the parking lot interior shall be landscaped for parking
lots that 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.
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.
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 degraded
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.
The boundaries of the FHOD 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
Building Commissioner.
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.
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 use and dimensional
requirements, and also to the following requirements:
1.
The flood-carrying capacity of any watercourse shall be maintained
in the event of any alteration or relocation, as determined by the
Building Commissioner upon the advice of the Conservation Commission.
2.
Within Zone A, the best available federal, state, local, or other
floodway data shall be used to prohibit encroachments in floodways
that 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.
3.
The requirements of:
a.
780 CMR of the Massachusetts State Building Code that address
floodplain areas;
b.
310 CMR 10.00, Wetlands Protection Regulations, Department of
Environmental Protection (DEP);
c.
310 CMR 13.00, Inland Wetlands Restriction, DEP;
d.
310 CMR 15, Title 5, Minimum Requirements for Subsurface Disposal
of Sanitary Sewage, DEP;
e.
all as from time-to-time amended.
4.
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.
The Zoning Board of Appeals may grant a special permit to provide
an exception to the requirements of Section 8.3.4 above.
1.
Special permits may be granted either in the case of structures such
as boat houses that require waterfront location and are not continuously
used for human occupancy or for development on a lot of less than
a half-acre that 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 exception would result in extraordinary
hardship to the applicant;
c.
Allowing the exception 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 exception is the minimum necessary, considering the flood
hazard, to afford relief.
2.
Exceptions may also be granted for reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places.
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:
The Groundwater Protection Overlay District (GWPOD) is established
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 G.L. c. 131, § 40.
This GWPOD includes all the lands that create the recharge area
for the Tewksbury Hospital water supply wells. This district includes
all the areas within the Town of Andover that are designated on the
map titled "Andover Parcels, Andover Water Protection Overlay District,
and Tewksbury Hospital Zone II Wellhead Protection Zone" which is
hereby made a part of the Zoning Map.
1.
Burden of Proof. When a property owner seeks Town
approval for any work done on a lot that straddles the line on this
GWPOD as shown on the District 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. 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.
The GWPOD is an overlay district and shall be superimposed on
the other districts established by this Bylaw. Land in the GWPOD may
be used for any purpose otherwise permitted in the underlying district,
subject to the additional restrictions of this Section 8.4. In locations
where this GWPOD overlaps the land area delineated by the Fish Brook/Haggetts
Pond WPOD (Section 8.8), the restrictions of both areas must be followed.
The following uses are permitted within the Groundwater Protection
Overlay District, subject to the design standards set forth in Section
8.4.7:
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 8.4;
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.
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 8.4.6 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 percent 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.
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 G.L. c. 140B § 1;
3.
Landfills receiving only wastewater and/or septage residuals including
those approved by the MA Department of Environmental Protection pursuant
to G.L. c. 21, §§ 26 through 53; G.L. c. 111, § 17;
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 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 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 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 percent of the total possible storage capacity of all containers,
or 110 percent of the largest container's storage capacity, whichever
is greater;
7.
Storage of sludge and septage, unless this storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
8.
Storage of deicing chemicals unless this 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 non-sanitary 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 MA Department of Environmental
Protection 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 G.L. c. 128,
§ 64, unless such storage is within a structure designed
to prevent the generation and escape of contaminated runoff or leachate.
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 that exceed an average of 15 percent 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 8.4.4, a system for groundwater recharge must be provided
that 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.
4.
All construction and land disturbing activities within the GWPOD
shall be designed to minimize erosion and runoff, by such practices
as minimizing the construction period, slope stabilization, ditch
maintenance, filtering, sedimentation basins and revegetation.
1.
Filing of the Application. Submission requirements
and procedures shall be in accordance with the Planning Board Rules
and Regulations under Section 9.3.
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 agency to which petitions are referred for review
shall submit such recommendations as it deems appropriate to the Planning
Board and to the applicant. Failure to make recommendations within
20 days of receipt shall be 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. This additional information
shall be submitted within 10 days after notice by the Planning Boards.
The Board may grant a special permit for land use within the
GWPOD only if it finds that the applicant has met the general requirements
of Sections 8.4 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 or quantity of
water that is available in the GWPOD; 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.
The Planning Board may impose any conditions and restrictions
required to mitigate any potential damage to groundwater resources
and, in reaching its decision, shall 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.
The purpose of the Historic Mill Overlay District (HMOD) is
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 8.5 are to:
1.
Promote public health, safety, and welfare by encouraging diverse
housing opportunities in accordance with the Andover 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 older adults who want to live near their
workplace and/or near retail and other nonresidential 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; and
8.
Encourage consolidation of small parcels into viable, block-size
mixed-use development in designated areas.
The HMOD is an overlay district that is superimposed over the
underlying zoning district(s), as shown on the Zoning Map.
1.
Underlying Zoning. The requirements of the underlying
zoning district(s) shall remain in full force and effect, except for
Projects undergoing development pursuant to Section 8.5. Within the
boundaries of the HMOD, a developer may elect to develop a project
in accordance with the HMOD, or to develop a project in accordance
with the requirements of the regulations for use, dimension, and all
other provisions of the Zoning Bylaw governing the underlying zoning
district(s).
2.
Applicability of HMOD. An Applicant proposing a
project that involves any of the following within the HMOD shall seek
a Special Permit from the Planning Board in accordance with the requirements
of this Section 8.5:
a.
Any proposal to increase the gross floor area of an existing
building by more than 2,000 square feet; or
b.
Any proposal to construct a building or buildings in excess
of 10,000 square feet; or
c.
Any proposal to alter, renovate, reconstruct, or redevelop more
than 40 percent of the gross floor area of an existing building.
3.
When a building permit is issued for any Project approved in accordance
with this Section 8.5, the provisions of the underlying district(s)
shall no longer apply to the land shown on the site plan that was
submitted pursuant to this Bylaw.
1.
No application within the HMOD which contains residential use shall
be approved unless at least 15 percent of the total dwelling units
proposed are devoted to affordable housing, or a greater 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. 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) contribute 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, to be used for the benefit of households in Andover.
1.
The following uses, either stand-alone or in combination, are allowed
in the HMOD in accordance with the Table of Uses below. All other
uses are prohibited.
|
Y = allowed by right
|
SP = allowed by special permit from the Planning Board
|
|
Table of Uses
|
Allowed By:
| |
|---|---|---|
|
Residential Uses
| ||
|
1.
|
Structures with two or more dwelling units
|
Y
|
|
Municipal & Institutional Uses
| ||
|
1.
|
Child care facility
|
Y
|
|
2.
|
Municipal uses
|
Y
|
|
3.
|
Religious or educational uses exempt from zoning prohibition
by G.L.c.40A, s.3
|
Y
|
|
Business and Commercial Uses
| ||
|
1.
|
Banking establishment
|
SP
|
|
2.
|
Business, professional, or administrative office
|
SP
|
|
3.
|
Commercial parking lot or garage
|
SP
|
|
4.
|
Convenience store
|
SP
|
|
5.
|
Educational use
|
SP
|
|
6.
|
Indoor commercial recreation establishment
|
SP
|
|
7.
|
Major non-residential projects (See Sections 9.4 and 10.0)
|
SP
|
|
8.
|
Medical center or clinic
|
SP
|
|
9.
|
Motel or Hotel (see Section 4.1.5.1)
|
SP
|
|
10.
|
Open space
|
SP
|
|
11.
|
Personal service establishment
|
SP
|
|
12.
|
Private club not conducted for profit
|
SP
|
|
13.
|
Restaurants
Restaurant, sit-down
Restaurant, limited service
|
SP
|
|
14.
|
Retail sales establishment
|
SP
|
|
15.
|
Self-service laundry or dry-cleaning establishment
|
SP
|
|
16.
|
Shop for custom work involving the manufacture of articles to
be sold on the premises.
|
SP
|
|
17.
|
Structured parking facilities to provide off-street parking
for automobiles in connection with the construction of a development
under this Section 8.5. Structured parking may include parking under
a building.
|
Y
|
|
Accessory Uses
| ||
|
Uses that are subordinate to, clearly incidental to, customary
in connection with, and located in the same structure as a Permitted
Use and that do not, in effect, constitute conversion of the Permitted
Use to a use not otherwise permitted in the HMOD shall be permitted.
|
Y
| |
|
Non-residential use of any building, structure, or land within
the HMOD is prohibited except as permitted above.
|
1.
Residential: The minimum requirement for a residential
use in the HMOD 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 listed in Section 8.5.4 shall exceed 25,000 square feet of gross
floor area in the HMOD. 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 HMOD, more than one building
may be erected on a single lot.
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. Building heights shall not exceed
maximum heights listed below and shall be measured according to the
following standards:
a.
When adjacent to or up to 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 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 65 feet.
c.
When adjacent to or up to 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 35 feet if otherwise not restricted
by this section.
d.
From 15 feet to 50 feet from the property line on Essex Street
and/or Pearson Street, the maximum heights of all buildings in the
district shall be 50 feet. After 50 feet, and if otherwise not restricted
by this section, the maximum allowed height shall be 65 feet.
e.
When the property frontage is on the east side of Railroad Street,
the heights of all buildings within 50 feet of Railroad Street shall
be no more than 50 feet. After 50 feet, and if otherwise not restricted
by this section, the maximum allowed height shall be 65 feet.
f.
When adjacent to or up to 50 feet from the property line on
Red Spring Road, the heights of all buildings shall be no more than
35 feet.
g.
For all other buildings within the district not otherwise restricted
by this section the maximum height shall be 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 100 feet across a grade
equal to or greater than 10 feet in elevation differential, the maximum
height of the building shall be determined from the average grade
across each 100 foot increment.
3.
Building Coverage. The maximum building coverage
in the HMOD shall be 75 percent 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.
Each project within the HMOD shall:
1.
Provide a positive economic benefit to Andover (including, but not
limited to, fiscal impact, Town services, and employment), be in harmony
with the general purpose and intent of the Master Plan and not be
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 10 feet, unless otherwise approved by the Planning
Board;
8.
Have 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:
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.
1.
The Planning Board's Historic Mill District Design Guidelines,
dated February 6, 2018, shall apply to all projects that are subject
to this Section 8.5. The Guidelines are intended to preserve and augment
the architectural qualities, historic character, and pedestrian scale
of the district.
2.
The Design Review Board shall review all Development Projects subject
to Section 8.5.
1.
Structured Parking. Parking within the HMOD 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 that affects the computation
of parking spaces, or if any existing use is changed, the parking
spaces shall meet the following requirements:
3.
Shared Parking Facilities. The Planning Board may
allow for shared parking facilities within the HMOD for different
buildings or uses subject to the following provisions:
a.
Up to 50 percent 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 of the common parking
facility acceptable to the Planning Board shall be executed by all
parties concerned and approved by the Planning Board as part of the
special permit process. This agreement shall be recorded with the
Northern Essex 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 Bylaw.
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. The Concept Plan
should reflect the following:
a.
Overall building footprint;
b.
Areas that 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 HMOD.
2.
Application. A Development Project under the
provisions of this HMOD section is only allowed by Special Permit.
Submission requirements and procedures shall be in accordance with
Section 9.3, 9.4 and 9.5 and the Planning Board Rules and Regulations
for Special Permits and Site Plan Approval.
3.
Additional Submittals.
a.
Waivers. At the written request of the applicant,
the Planning Board may waive certain dimensional, design and other
requirements as stated in this Section 8.5 (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 HMOD, or if it finds that the requested 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.
The Medical Marijuana Overlay District ("MMOD") is established
as an overlay district. The boundaries of the MMOD are shown on the
Zoning Map. 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.
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.
Where not expressly defined in this Bylaw, 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 (DPH) Regulations promulgated thereunder,
105 CMR 725.001, et seq., and otherwise by their plain language. See
Section 10 for other definitions related to Medical Marijuana or Marijuana
Establishments.
1.
RMDs may be permitted in the MMOD but only pursuant to a Special
Permit.
2.
RMDs may not be located within 500 feet of the following:
a.
Child Care Facility;
b.
Facility similar to others in this list where minors commonly
congregate;
c.
Library;
d.
Playground;
e.
Public park;
f.
Public swimming pool;
g.
School, including a public or private elementary, vocational,
or secondary school or a public or private college, junior college
or university; or
h.
Youth Center.
3.
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 8.6.4.2 to the nearest point of the property line of the
proposed RMD.
All signage shall conform to the requirements of Section 5.2
of the Zoning Bylaw. The Planning Board may impose additional restrictions
on signage as appropriate to mitigate any aesthetic impacts.
Submission requirements and procedures shall be in accordance
with the Planning Board Rules and Regulations for Special Permits
and Site Plan Approval under Section 9.3.
1.
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 Section 8.6:
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 Department, 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 Commissioner
and SPGA within 48 hours of receipt by the RMD;
d.
The permit holder shall provide to the Building Department,
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 Department, 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 Department,
and Board of Health shall have the right to inspect the subject premises
to assure compliance with the special permit.
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.
No use shall be allowed that creates a nuisance to abutters
or to the surrounding area, or that 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, that may impair the normal use
and peaceful enjoyment of any property, structure or dwelling in the
area.
The intent of this section is to allow flexibility in the development
of parcels for housing and related services for older adults, as defined
in Section 10, 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 older adults in accordance with the Town's Master Plan;
2.
To create an environment that provides supportive services routinely
used by older adults;
3.
To promote housing options that adapt to the needs of an older adult
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 older adults who are Andover residents.
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 with the
Town Clerk and that are hereby made part of the Town Zoning Map. The
Planning Board is the Special Permit Granting Authority for the SRCOD
and may grant a special permit for one or more of the uses as described
herein.
1.
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
Residences; and Restorative Care/Nursing Facility.
2.
In addition to dwelling units, an application may contain any or
all of the following uses and associated services (not to exceed 25
percent 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, and social service offices;
e.
Mail rooms, gift shops, and sundries;
f.
Medical offices, diagnostic and treatment centers, wellness
centers, and 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 space.
3.
All uses and associated services are intended for SRCOD residents,
employees and guests and are not intended to provide services to the
general public.
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.
3.
Building Setbacks: Buildings shall be set back a
minimum of 40 feet from all property lines.
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 that is not specifically reserved for the
support of dwelling units and that is not covered by buildings, roads,
driveways, parking areas or service areas, or that 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 20 percent 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 30 percent of
the total area of the parcel or lot.
This open space land shall either be conveyed to the Town of
Andover and accepted by the Select Board 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 G.L. c. 184, § 32
shall be recorded by the applicant prior to the issuance of a building
permit, providing that the 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 protected 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.
8.
Affordability:
a.
A minimum of 15 percent of the total number of 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.
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 older
adult residents 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.
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 this 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 percent shall
serve low income persons, 40 percent shall serve moderate income persons
and 30 percent 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 that are not provided to the general population of the project
but are unique to the particular needs of an individual older adult.
h.
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 the standards
are consistent with appropriate federal and state standards.
i.
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 G.L. c.
184, Section 32, have been executed and 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.
j.
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.
k.
For purposes of ensuring that the applicant is abiding by their
obligations relative to the affordable units pursuant to the special
permit, a monitoring agent shall be assigned by the Planning Board.
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.
l.
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. These Certifications shall be filed
annually with the Planning Division in the Town. 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.
m.
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 older adult 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
the building(s) on it 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.
The system shall be reviewed and approved by Fire Department.
b.
There shall be sufficient site access for public safety vehicles.
c.
A plan shall be approved by Fire Department for the emergency
evacuation of residents, regardless of impairments.
d.
The Fire Department shall review all structures and circulation
to ensure the accessibility of fire and other emergency vehicles.
11.
Landscaping: Landscaping and screening shall
be 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.
Each project within the SRCOD 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;
9.
Provide enclosed walkways and/or unenclosed walkways connecting all
buildings;
10.
Incorporate pedestrian amenities, accessory uses, and community
benefits into the overall design in a harmonious way;
11.
Locate structures on the site so as to provide for the privacy
of residents adjacent to the SRCOD;
12.
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;
13.
Clearly identify on a plan the publicly owned and/or publicly
accessible land areas;
14.
Provide for public pedestrian access from River Road to the
Merrimack River when possible. All development proposals that 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). Pedestrian pathways shall be publicly accessible
via a public access easement or conveyance. The easement width for
these pathways shall be not less than 20 feet, unless otherwise approved
by the Planning Board; and
15.
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.
1.
The following parking standards shall apply to SRCOD facilities approved
under this Section 8.7. 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:
a.
Detached Independent Living: One parking space
per dwelling unit.
b.
Attached Independent Living: One parking space
per dwelling unit.
c.
Congregate Housing and Assisted Living: One
parking space for every five beds and one parking space for each employee
on the largest shift.
d.
Restorative Care or Nursing Care facility: One
parking space for every 20 beds and one parking space for every employee
on the largest shift.
2.
All other parking and screening provisions of the Zoning Bylaw shall
apply unless modified by this section.
3.
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.
1.
Bonus Densities: 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. Bonus densities may be granted by the Planning
Board for the following reasons:
a.
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 15 percent (i.e., for every 10
dwelling units, 2 additional dwelling units may be built) if the proposed
SRCOD provides 50 percent Protected Open Space instead of 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.
b.
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 15 percent (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.
c.
Affordable Housing: The objective is to provide
additional alternative affordable housing options for older adults
in Andover having reached the age of 62. The number of dwelling units
(Independent Living, Congregate Care, or Assisted Living Units) may
be increased by two market rate dwelling units for each one additional
affordable unit.
2.
Density Bonus Limitations: The use of all density
bonuses provided may not result in exceeding the maximum allowed number
of units as outlined herein.
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. 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. The Concept Plan should reflect the
following:
2.
Application: An application for a special permit
shall be submitted to the Planning Board pursuant to the submission
requirements and procedures under Section 9.4 and the Planning Board
Rules and Regulations for Special Permits and Site Plan Review under
Section 9.5.3.
3.
Additional Submittals:
a.
Waivers:
i.
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
ii.
The 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.
1.
Lands Within the WPOD: The WPOD includes all the
lands that 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 is hereby made
part of the Zoning Map.
2.
Zones 1 and 2: 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.
3.
Burden of Proof. When a property owner seeks Town
approval for any work done on a lot that is partially contained within
the WPOD boundary, the owner must include with their 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 the lot is
contained within the WPOD. The Planning Board may issue an order approving
the plan if the Planning Board determines that land on the 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.
The WPOD is an overlay district and shall be superimposed on
the other districts established by this Bylaw. Land in the WPOD may
be used for any purpose otherwise permitted in the underlying district,
subject to the additional restrictions that follow herein.
The following uses are permitted within the WPOD, subject to
the design standards set forth in Section 8.8.7:
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
8.8.5.3;
7.
Earth removal as defined in Sections 6.6.2, 6.6.3, and 6.6.4, where
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; and
9.
Storage of heating oil within a building, provided that all necessary
state and local approvals have been obtained; and
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.
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 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; and
3.
The storage, manufacture or use of hazardous or toxic substances
other than those prohibited in Section 8.8.6 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.
The following uses are prohibited within the WPOD, except as
otherwise noted within this Bylaw:
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 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 and 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 Bylaw; 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 other systems that will be consistent with the
purposes set forth in Section 8.8.1;
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 Town pursuant to G.L. c. 21, §§ 26
through 53; G.L. c. 111, § 17; 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 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 G.L. c. 21E, and/or liquid petroleum products;
15.
Storage of commercial fertilizers, as defined in G.L. 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 that
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 Section 8.8, 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, or horse paths and bridges and said systems that
will be consistent with the purposes set forth in Section 8.8.1.
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 that is determined to be within the WPOD:
1.
Slopes that exceed an average of 15 percent 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 practices such as minimizing
the construction period, slope stabilization, ditch maintenance, filtering,
sedimentation basins, and revegetation. A Sedimentation and Control
Plan, prepared and stamped by a Massachusetts Registered Professional
Engineer, and approved by the 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 8.8.2. In addition,
a Planting and Re-vegetation Plan prepared by a licensed Landscape
Architect and approved by the Planning Board 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.
1.
Submission requirements and procedures shall be in accordance with
Section 9.4 and the Planning Board Rules and Regulations for Special
Permits and Site Plan Review under Section 9.5.3.
2.
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.
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 8.8 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 8.8.7 have been met; and
4.
That Special Permits Procedures 8.8.8 have been met.
The Planning Board may impose conditions and restrictions required
to mitigate 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.
