This Bylaw shall be administered by the Building Commissioner
(also referred to as the Inspector of Buildings).
Buildings, structures, or signs shall not be erected, substantially
altered, moved or changed in use and land shall not be substantially
altered or changed in principal use without review and certification
of compliance with federal, state, or local law by the Building Commissioner.
Issuance of a building permit or certificate of use and occupancy,
where required under the Commonwealth of Massachusetts State Building
Code, may serve as the required certification.
Construction or uses under a building permit or special permit
shall conform to any subsequent amendment of this Bylaw unless the
use or construction is commenced within six months after the issuance
of the permit and in cases involving construction, unless the construction
is continued through to completion as continuously and expeditiously
as is reasonable.
If the Building Commissioner is requested to enforce this Bylaw
against any person allegedly in violation of it, the Building Commissioner
shall respond to the aggrieved party within 14 days of receiving the
complaint, identifying any action taken or a decision made not to
act, and the reasons for the decision. If the Building Commissioner
rules that a violation does exist, he shall inform the person or party
against whom a violation is found and order the person or party to
cease the violation.
If the violation is not stopped within an appropriate time following
notification, the Building Commissioner shall notify the Town Manager
for appropriate action. Any person violating any of the provisions
of this Bylaw shall be fined not more than $300 for each offense.
Each day that such violation continues shall constitute a separate
offense.
The Zoning Board of Appeals shall consist of five members and
four associate members. The members of the Zoning Board of Appeals
and the associates shall be appointed by the Select Board as provided
in G.L. c. 40A. The Zoning Board of Appeals shall be organized and
governed by the provisions of G.L. c. 40A and this Bylaw.
The Zoning Board of Appeals shall have and exercise all the
powers granted to it by Chapters 40A, 40B, and 41 of the General Laws
and this Bylaw. The Board's powers are as follows:
1.
Special Permits. To hear and decide applications
for special permits. Unless otherwise specified herein, the Zoning
Board of Appeals shall serve as the Special Permit Granting Authority
(SPGA), to act in all matters in accordance with the provisions of
Section 9.4, or as otherwise specified.
2.
Variances. To hear and decide appeals or petitions
for variances from the terms of this Bylaw, including variances for
uses, all as set forth in G.L. c. 40A, § 10.
3.
Administrative Appeals. To hear and decide appeals
taken by any person aggrieved by reason of the person's inability
to obtain a permit or enforcement action from any administrative officer
under the provisions of G.L. c. 40A, §§ 7, 8 and 15.
4.
Comprehensive Permits. To hear and decide comprehensive
permits for construction of low- or moderate-income housing by a public
agency or limited dividend or nonprofit corporation under G.L. c.
40B, §§ 20-23.
5.
Withheld Building Permits. Building permits withheld
by the Building Commissioner acting under G.L. c. 41, s. 81Y as a
means of enforcing the Subdivision Control Law may be issued by the
Zoning Board of Appeals where the Board finds practical difficulty
or unnecessary hardship, and if the circumstances of the case do not
require that the building be related to a way shown on the subdivision
plan in question.
The Zoning Board of Appeals shall adopt Rules and Regulations
for the administration of its powers, including variances, administrative
appeals, and applications for special permits and comprehensive permits.
The Zoning Board Rules and Regulations may include reasonable administrative
fees and procedures for engaging technical review consultants as provided
under G.L. c. 44, § 53G. The Zoning Board Rules and Regulations
shall be on file with the Town Clerk and the Community Development
and Planning Department.
The Planning Board shall have and exercise all the powers granted
to it by G.L. c. 40A and c. 41 and by this Bylaw. The Board's
powers are as follows:
The Planning Board may, from time to time, establish and amend
Planning Board Rules and Regulations for the special permits and site
plan reviews the Board has authority to grant. The Planning Board
Rules and Regulations for Special Permits and Site plan Review may
also include administrative fees and procedures for engaging technical
review consultants as provided under G.L. c. 44, § 53G.
The Planning Board Rules and Regulations for Special Permits and Site
Plan Review shall be on file with the Town Clerk and the Community
Development and Planning Department.
To assist in carrying out its duties as a special permit granting
authority, there shall be one associate member of the Planning Board
appointed by the Town Manager under authority of G.L. c. 40A, s.9.
The associate member shall sit on the Planning Board for the purposes
of acting at special permit application hearings in case of absence,
inability to act, or conflict of interest on the part of any member
of the Planning Board or in the event of a vacancy on the Board.
Unless designated otherwise in the Table of Uses, the Zoning
Board of Appeals shall act as the Special Permit Granting Authority
(SPGA).
Special permits may be granted when the SPGA has found that
the proposed use will not be unreasonably detrimental to the established
or future character of the neighborhood and Town and that it is in
harmony with the general purpose and intent of this Bylaw. In addition
to any specific factors that may be identified in this Bylaw, the
SPGA's findings shall include consideration of each of the following:
1.
Social, economic, or community needs that are served by the proposal;
2.
Traffic flow and safety, including parking and loading;
3.
Adequacy of utilities and other public services;
4.
Neighborhood character and social structures; and
5.
Impacts on the natural environment, including, but not limited to,
air and water pollution, noise, stormwater runoff, and aesthetics.
Applications shall be filed in accordance with SPGA's Rules
and Regulations. An application shall not be deemed complete until
all copies of required information and documentation have been filed
with the SPGA. For any major non-residential project as defined in
Section 10.0, the applicant shall also comply with Section 9.5.3.
The SPGA shall hold a public hearing in conformance with G.L.
c. 40A, s.9 and with the provisions of this Bylaw. The hearing shall
be held within 65 days after the filing of the application. Notice
shall be given by publication and posting and by first class mailings
to parties of interest as defined in G.L. c. 40A., s. 11.
The written decision of the SPGA, and any extension, modification
or renewal thereof, shall be filed with the Town Clerk within 90 days
following the closing of the public hearing. Failure of the SPGA to
act within 90 days shall be deemed a grant of the permit applied for.
Special permits may be granted with such reasonable conditions,
safeguards, or limitations on time or use, including performance guarantees,
as the special permit granting authority may deem necessary to serve
the purposes of this Bylaw.
Special permits shall lapse if a substantial use thereof or
construction thereunder has not begun, except for good cause, within
three years following the filing of the special permit approval (plus
the time required to pursue or await the determination of an appeal
under G.L. c. 40A, s. 17) with the Town Clerk.
For any Major Non-Residential Project as defined in Section
10.0:
2.
The Planning Board may require the applicant to submit more information
about the proposed development within the purposes and guidelines
of Section 9.5 or based on the comments of the reviewing boards and
agencies. Additional information shall be submitted to the Planning
Board within 10 days of written request by the Board.
3.
For projects in the LS, OP, and IG districts, the Planning Board
may at its discretion require the applicant to submit to the Design
Review Board (DRB), pursuant to Section 9.6.3, for the DRB Report.
For DRB review in the GB and MU Districts, see Sections 9.6.2. and
9.6.3. For DRB review in the ID2 Districts, see Section 9.4.10.
4.
In reviewing the application, the Planning Board shall, at minimum,
consider staff comments and the items in subsections 9.5.4.2. a through
k.
Unless otherwise specifically required under this Bylaw, the
SPGA may require that an interdepartmental review be conducted on
an application for a special permit.
In addition to the criteria contained in Section 9.4.2. and
9.4.8., the Planning Board may issue a special permit in the ID2 District
for a Personal Service Establishment, Retail Sales Establishment,
Convenience Store, Grocery Store, Dry-Cleaning Operation, Restaurant
(sit-down) Restaurant (limited service), and Indoor Commercial Recreation
Establishment (See Appendix A, Table 1) only after considering the
additional special permit criteria outlined below:
1.
The proposed development shall have a positive economic benefit
to Andover (including, but not limited to, fiscal impact, Town services,
and employment), is in harmony with the general purpose and intent
of the Master Plan and is not unreasonably detrimental to the overall
General Business Districts, specifically Downtown Andover.
2.
The proposed development shall demonstrate that the scale, massing,
and detailing of buildings are compatible with the character of the
community. The Planning Board may at their discretion require the
applicant to submit to the Design Review Board under Section 9.6.3.
for the Design Review Board Report.
3.
The proposed development shall provide landscape plans for the
site, the parking areas, and internal landscaped islands. The parking
areas should service adjacent structures when possible. The Planning
Board may at their discretion require additional landscaping.
4.
The development shall provide for adequate traffic mitigation
and improvements if the proposed use negatively affects current traffic
flow conditions. At a minimum, the applicant shall be required to
join the local transportation management association.
The purposes of the site plan review are:
Except as provided in Section 10.0 for major non-residential
projects and for new multifamily construction under Section 7.5, no
building permit shall be issued for new construction or enlargement
of a building in which commercial, industrial, institutional, or multifamily
use or uses are located unless and until a site plan review certificate
of approval has been issued in conformance with this section.
Submission requirements shall be in accordance with the Planning
Board Rules and Regulations for Special Permits and Site Plan Review,
on file with the Community Development and Planning Department and
the Town Clerk.
1.
An interdepartmental review of the application materials shall be
conducted by staff of the Departments of Community Development and
Planning, Assessors, Public Works, Police and Fire. Comments of the
staff shall be submitted in writing to the Planning Board.
2.
Following receipt of staff comments, the Planning Board shall conduct
a site plan review during a regularly scheduled meeting. The Planning
Board may approve the site plan only if it determines that the proposed
development meets the intent and provisions of this Bylaw and will
not result in detriment to the town or the neighborhood in which it
is located. In approving or disapproving the site plan, the Planning
Board shall, as a minimum, consider staff comments and the following:
a.
The proposed placement of buildings;
b.
Major topographical changes;
c.
Surface and ground water drainage and erosion control;
d.
Protection against flooding and inundation;
e.
Prevention of water and pollution and environmental damage;
f.
Provision for adequate utility services;
g.
Provisions of off-street parking and loading;
h.
Location of intersections of driveways and streets;
i.
The effect of additional traffic created by the development
on intersections and streets likely to be affected by the proposed
development;
j.
Provision for pedestrian/bicycle accessways connecting to adjacent
open space, neighborhoods, schools, recreation areas or transportation
facilities and for alternative transit programs; and
k.
Provisions for landscaping and adequate screening and buffering.
3.
The Planning Board shall vote to either approve or deny the site
plan or notify the applicant of deficiencies to be addressed in a
follow-up site plan review prior to rendering a decision. A written
approval of the site plan by the Planning Board shall be sent to the
applicant and Building Commissioner, shall constitute a site plan
review certificate of approval, and may include conditions to be enforced
by the Building Commissioner. Such certification of approval shall
be filed with the Town Clerk.
4.
Once approved, a site plan may be modified only upon written approval
of the Planning Board.
Site plan approval shall lapse after one year from the date
of approval if a substantial use thereof has not sooner commenced
except for good cause. The Planning Board may extend its approval
in writing, for good cause, upon the written request of the applicant.
Any appeal of a Planning Board decision under this Section 9.5
shall be in accordance with G.L. c. 40A, s. 17.
A Design Review Board (DRB) is hereby established, consisting
of five members appointed by the Town Manager, including one nominee
of the Planning Board, one nominee of the Preservation Commission,
one nominee of the Chamber of Commerce, and two others. Members shall,
if possible, include an architect, a landscape architect, and a resident
from within or near a General Business or Mixed Use Districts. Members
shall serve for three years or until their successors are appointed,
except that, of the five members first appointed, one shall serve
for three years, two shall serve for two years, and two shall serve
for one year.
1.
A permit applicant for any of the following shall consult with the
DRB prior to seeking a permit:
a.
A new building, exterior alteration affecting an elevation visible
from the public way (excluding ordinary repair and maintenance with
similar materials, landscape elements, storm windows and doors, air
conditioners, reconstruction after natural disasters, paint, and traffic
control devices), or sign within any area zoned for GB and MU Use
District; or
b.
A new structure built by or for the use of the Town in any district.
2.
The DRB shall provide assistance in relating the proposal to the
guidelines for the district. This may involve explaining these and
other applicable guidelines, reviewing proposals, suggesting good
examples of how others have responded in similar cases and maintaining
information regarding other sources of design assistance.
3.
In the case of exterior alterations and new structures built by or
for the use of the Town, Building Commissioner will refer all requests
to the chairperson or designated individual for a determination of
applicability. The applicant will be notified within five business
days if the request requires the review of the DRB or is granted a
waiver.
Whether or not requested by the applicant, the DRB shall review
all applications for building permits, special permits, or variances
for proposals located in areas zoned for General Business and Mixed
Use if involving new construction, exterior alteration or a sign larger
than four square feet, or a new structure built by or for the use
of the Town in any district; provided, however, that the lack of a
report from the DRB shall not be sufficient reason to delay action
on a proposal that otherwise could be acted upon by the Building Department,
SPGA, or Zoning Board of Appeals. In addition, the DRB shall review
applications for outdoor dining in GB and MU districts, private property
on Town sidewalks on or near Main Street, special permits for attached
clusters, development projects in the Historic Mill Overlay District,
and older adults housing. At the discretion of the Planning Board,
the DRB shall also review applications for special permits in the
ID2 district as well as major nonresidential projects in LS, OP, and
IG districts. An extra copy of all usual submittals required for these
proposals shall be provided to the DRB through the Building Department.
The DRB review shall preferably be done in consultation with the applicant
and his designer. The DRB shall provide a report in writing to the
applicant and as follows:
The following shall be considered by the SPGA in acting upon
special permits and by the Zoning Board of Appeals in acting upon
variances:
1.
Promote safety by avoiding pedestrian or vehicular hazards within
the site or egressing from it. Facilitating access by emergency vehicles
and facilitating visual surveillance by occupants, neighbors, and
passersby.
2.
Serve functional needs by avoiding inconvenience to pedestrians by
assuring accessibility by the handicapped and by providing microclimate
control.
3.
Promote a pedestrian-oriented business area by applying the following:
a.
To provide continuous visual interest and accessibility to the
pedestrian, a major portion of the building facade at the street level
which faces the street should be transparent. Bay windows and recessed
doorways are particularly encouraged;
b.
To maintain visual continuity, the entire lot width should be
fully occupied by a building wall, fence, gate, shrubs or other landscape
elements or as a pedestrian connection;
c.
Building detailing should provide small-scale elements of interest
from a pedestrian viewing distance.
4.
Promote enhancement of the established visual character of Andover's
General Business Districts by the following:
a.
Buildings need not conform to any specific style of architecture.
Enhancement of the districts' diversity of styles is welcomed.
On the other hand, new efforts should avoid the removal, obscuring
or disruption of existing structures of historic value.
b.
The appearance of materials characteristic of the area is preferred.
These materials include brick and other unit masonry (painted or unpainted),
granite and other cut stone and painted clapboard. Uncharacteristic
materials include rough, imitation or reflective materials such as
unpainted wood, field stone, stucco, exposed metal, imitation materials
(e.g., false brick siding), mirror glass, porcelain enamel or polished
stone. Such appearance should generally be avoided; however, variation
within the range of characteristic materials, colors and textures
is encouraged when they are compatible with surrounding buildings.
c.
To retain the small-scale character of Andover and to promote
diversity of design, a single building with a width of more than 40
feet facing a public way should, where feasible, be divided visually
into sub-elements, preferably expressing the functional diversity
within the building.
d.
To provide visual relief from buildings and hard materials,
landscape treatment using shrubs, trees, flower boxes, and other greenery
around buildings or in recessed places is encouraged.
e.
Major visual exposure comes not only from the building front;
therefore, full attention should be given to the treatment of sidewalks,
landscaping, parking areas, and the building wall at the rear and
sides.
5.
For signs: refer to Sections 5.2.3.2 and 5.2.14 for additional design
criteria.
The DRB may promulgate, after due notice and public hearing,
Rules and Regulations to effectuate the purposes of this Section 9.6.
The DRB Rules and Regulations shall be on file with the Community
Development and Planning Department and the Town Clerk.
The following procedures shall apply to repetitive petitions,
appeals, or applications pursuant to G.L. c. 40A, s. 16.
No appeal, application, or petition that has been unfavorably
and finally acted upon by the SPGA or permit granting authority shall
be acted favorably upon within two years after the date of final unfavorable
action unless the SPGA or permit granting authority finds specific
and material changes in the conditions upon which the previous unfavorable
action was based.
Upon a finding of specific and material changes in the conditions
upon which the SPGA's or permit granting authority's previous
unfavorable action was based, the matter shall be referred to the
Planning Board. All but one of the members of the Planning Board shall
find, after public hearing, specific and material changes in the conditions
upon which the previous unfavorable action was based. The Planning
Board shall submit written findings and a decision to the Town Clerk
and transmit a copy of same to the SPGA or permit granting authority
forthwith.
Upon a finding by the Planning Board concurring that there are
specific and material changes in the conditions upon which the previous
unfavorable action was based, the matter shall be remanded to the
SPGA or permit granting authority for a decision on the merits of
the appeal, application, or petition.
