Town of North Andover, MA Site Plan Review

Any new building(s) or construction which contains more than 2,000 square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five or more new or additional parking spaces;

Any construction which results in the addition of more than 2,000 square feet of gross floor area to an existing structure; or results in the requirement of five or more new or additional parking spaces;

Any construction, site improvements, new uses in existing structures or developments which contain new processes not normally associated with the existing use and which result in changes in the potential nuisance to adjacent property; traffic circulation; stormwater drainage onto or off of the site; and/or the application of the parking standards of Part 1 indicate the need for five or more new or additional parking spaces;

The construction of any new wireless service facility on a previously permitted facility as set forth in § 195-8.43A(2) of the wireless service facilities use regulations.

Limited site plan review applies to any structure, use, alteration, and/or improvement as to which Dover uses applies (as determined by the Building Commissioner), requiring limited site plan review and approval under §§ 195-8.18 through 195-8.26. With regard to Dover uses, the provisions of this section(s) shall govern and any other regulations adopted by the Planning Board for site plan review under Article 8, Part 3 of the North Andover Zoning Bylaw are not applicable.

[Added 5-16-2023 ATM by Art. 34[1]]

[1]

Editor's Note: This article also redesignated former Subsections B and C as Subsections C and D.

The following development(s) is exempt from site plan review:

Single-family dwelling(s) and two-family dwelling(s);

Small structures or additions which do not exceed 2,000 square feet of gross floor area and do not require five or more parking spaces;

Routine repairs and maintenance that do not exceed the provisions of Subsection A(3).

Waiver of site plan review.

[Amended 5-16-2023 ATM by Art. 34]

When, in the opinion of the Planning Board, the alteration or reconstruction of an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and streets, on pedestrian and vehicular traffic, public services and infrastructure, environmental, unique and historic resources, abutting properties, and community needs, the Planning Board may determine, without a public hearing, that submission of a site plan review application or a limited site plan review application is not required.

The applicant must request a waiver from site plan review or a limited site plan review application in writing and may be required to submit supporting documentation that site plan review is not required. The waiver request will be discussed at a regular session of the Planning Board.

§ 195-8.12 Approval required for site alteration; exception.

No building permit, site clearing, filling, grading, material deliveries or construction shall be initiated on any site to which this Part 3 applies until site plan approval or limited site plan review approval as required by this Part 3 is obtained.

[Amended 5-16-2023 ATM by Art. 34]

Nothing herein shall be construed, however, to prohibit such clearing or altering as may be necessary for purposes of conducting pre-development studies, such as geotechnical tests, soil borings, wetlands determinations, percolation tests for septic systems as required by the Board of Health, or other similar test as required in order to fulfill a requirement of any Town bylaw or regulations of the Commonwealth.

§ 195-8.13 Procedures for site plan review.

[Amended 5-16-2023 ATM by Art. 34]

The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in § 195-8.17, Revisions to approved site plans.

Any proposed development meeting any of the criteria set forth in § 195-8.11A shall be subject to site plan review and submit a special permit application to the Planning Board.

An applicant for site plan review shall file an application form, fee, three copies of the site plan, and any additional information as may be required (See § 195-8.14, Information required.), with the Planning Department. Once the application is deemed complete, the Planning Department will forward the application to the Town Clerk. An application will not be deemed complete until all required information and fees are submitted. The time periods set forth in this Zoning Bylaw and MGL c. 40A will not start until the application has been deemed complete and submitted to the Town Clerk.

The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan or impact study requested by the Board.

§ 195-8.14 Information required for site plan review.

[Amended 5-16-2023 ATM by Art. 34]

Special permit application form, along with any fees as may be set by the Town bylaws;

Drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the Town Planner. Revised plans shall contain a notation listing and describing all revisions, additions, and deletions made to the originally submitted plans and the date of each.

All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All stormwater management plans and drainage calculations must be submitted with the stamp and signature of a professional engineer (PE) licensed to conduct such work in the Commonwealth of Massachusetts.

The times for submission of the site plans for review by the Planning Board are specified in § 195-10.7 of the Zoning Bylaws, Special permits.

The following information must be submitted along with the application:

North arrow/location map. A North arrow and a location map showing surrounding roadways and land uses adjacent to the site at a scale of one inch equals 1,500 feet. The location map should show at least one intersection of two existing Town roadways.

Survey of lot/parcel. A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site plan. Any change in the survey shall be recorded before site plan approval may be granted.

Name/Description of project. The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development plan.

Easements/Legal conditions. Identification of easement(s) or legal encumbrances that are related to the site's physical development, and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation Commission, or any public body or agency with the authority to place conditions on the site's development.

Topography. The present and proposed topography of the site, utilizing two-foot contour intervals. Existing topography 50 feet beyond the perimeter of the parcel as it appears on the most current Town of North Andover topographic mapping shall also be shown.

(6)

Zoning information. All applicable Zoning Bylaw information shall be provided regarding the site's development. This information shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor area ratio, number of dwelling units, total amount of square feet, size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board.

(7)

Drainage area map. A drainage area map showing pre- and post-construction watersheds, subwatersheds and stormwater flow paths, including municipal drainage system flows.

(8)

Stormwater management plan. All applications for site plan review shall include the submittal of a stormwater management plan prepared in accordance with the latest version of the Massachusetts Stormwater Handbook and additional criteria established herein and demonstrating full compliance with the Massachusetts Stormwater Standards and the North Andover Stormwater Management and Erosion Control Regulations promulgated under Chapter 165 of the Town Bylaws (Stormwater Management and Erosion Control Bylaw).

(9)

Building location. Identification of all existing and proposed structures located on the site. The number of stories, overall height in feet and gross floor area in square feet of all structures shall be indicated.

(10)

Building elevation. A drawing of the exterior of the building, as viewed from the front (street view), must be submitted. The Planning Board may request side and rear views if relevant to the Board's review. This drawing must be at least eight inches by 11 inches in size.

(11)

Location of parking/walkways. Identification of the location of all existing and proposed parking and walkway areas, including curb cuts that will be used to access the site from adjacent roadways, or access points.

(12)

Location of wetlands; notice of intent. All resource areas as defined in MGL c. 131, § 40, and/or the Town of North Andover Wetland Protection Bylaw (Chapter 190), shall be shown on the site plan. If applicable, the applicant shall file a notice of intent with NACC concurrently with the application to the Planning Board for site plan review.

(13)

Location of walls/signs. Identification of the location, height and materials to be used for all retaining walls and signs located on the site. Signs will be reviewed using the guidelines set forth in § 195-6.7 of the Zoning Bylaw.

(14)

Location of roadways/drives. Identification of all rights-of-way and driveways, including the type of curb and gutter to be used, and their dimensions. Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of any street which is adjacent to the site.

(15)

Outdoor storage/display areas. Identification of the location and type of outdoor storage and display areas on the site.

(16)

Landscaping plan. The general outline of existing vegetation, wooded areas, significant trees, unique species and/or tree clusters and the extent of all vegetation, wooded areas, significant mature trees (>12 inches DBH), unique species and/or tree clusters to be removed and identification of the location and landscape schedule of all perimeter and interior landscaping, including but not limited to proposed paving materials for walkways, fences, stone walls and all planting materials to be placed on the site. Any landscaping required by the Town bylaws shall be indicated on the site plan in tabular form showing the amount required and the amount provided.

(17)

Refuse areas. Identification of the location of each outdoor refuse storage area, including the method of storage and screening. All refuse areas must be fully enclosed.

(18)

Lighting facilities. Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities, including an example of the light fixture to be used.

(19)

Traffic impact study. Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. For projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board.

(20)

Commonwealth review. Any information required and submitted to any agency of the commonwealth shall be filed with the Planning Board upon the initial submission of the project for Board review.

(21)

Utilities. All utilities, including water line locations, sewer line locations and profiles, and storm drainage systems.

(22)

Fiscal impact. Projections of costs rising from increased demand for public services and infrastructure; provisions of benefits from increased tax revenues, employment and infrastructure improvements; and impacts on adjacent property values.

(23)

Community impact. Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency, pedestrian movement and overall character; impacts on nearby historic structures or site; and an evaluation of the proposed project's consistency and compatibility with existing local and regional plans.

If the site plan review application is for the construction of any new wireless service facility on a previously permitted facility as set forth in § 195-8.43A(2) of the wireless service facilities use regulations, the information required by § 195-8.45 must also be submitted. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.

If a waiver request for is sought for information required pursuant to § 195-8.14 the applicant shall request the waiver in writing and may be required to submit supporting information. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of the application.

§ 195-8.15 Review criteria and design guidelines for site plan review.

[Amended 5-16-2023 ATM by Art. 34]

The following criteria and design guidelines shall be used by the Planning Board in evaluating the site plan review and all information submitted as part of the application.

General.

Conformance with all appropriate provisions of the Zoning Bylaw.

Protection of abutting properties from detrimental site characteristics.

Environmental.

Protection of unique or important natural, historic or scenic features.

Adequacy of proposed methods of refuse disposal.

Ability of proposed sewage disposal and water supply systems within and adjacent to the site to serve the proposed use.

Adequacy of the proposed drainage system to mitigate stormwater runoff increase, protect water quality, and minimize flooding.

Provision of adequate landscaping, including the screening of adjacent residential uses, provision of street trees, landscape islands in the parking lot and a landscaped buffer along the street frontage.

(6)

Adequacy of the erosion and sediment control plan and any plan for protection of steep slopes, both during and after construction to minimize erosion of soil and sedimentation of streams and waterbodies.

(7)

Protection of adjacent properties by minimizing the intrusion of lighting, including parking lot and building exterior lighting.

(8)

The proposed development must not present a demonstrable adverse impact on the surrounding area resulting from excessive noise, dust, smoke, or vibration which is higher than levels now experienced from uses permitted in the surrounding area.

(9)

Minimization of clearing where practicable, including the removal of mature trees and shrubs and the avoidance of substantial disturbance to soils, topographic drainage, and water resources.

(10)

Incorporation of sustainability and resiliency principles into the site design that result in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community.

Design.

Buildings shall be located with respect to setbacks, placement of parking, landscaping and entrances and exits with surrounding buildings and development.

The buildings shall relate harmoniously to each other in architectural style, the location and building exits and entrances.

Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings and similar features.

Electric, telephone, cable TV, and other such lines and equipment must be placed underground.

Demonstrate that the scale, massing and detailing of buildings are compatible with those prevalent in the surrounding area.

Traffic/Parking.

The location and number of curb cuts shall be minimized to reduce turning movements, and hazardous exits and entrances.

Provision for access to adjoining properties shall be provided as appropriate.

Driveways shall be located opposite each other wherever possible.

Joint -access driveways between adjoining properties shall be encouraged.

Internal circulation and egress shall provide for traffic safety, and access to and from minor streets servicing one-family dwellings shall be minimized.

Stormwater management.

At a minimum, all projects subject to site plan review shall comply with the criteria, specifications, and performance standards of the most recent version of Massachusetts Stormwater Management Standards and accompanying Stormwater Management Handbook. The Lake Cochichewick Watershed Area shall be considered a critical area in terms of applicability of the standards.

Projects subject to the bylaw shall also comply with the requirements and criteria outlined in Articles VII through X of the North Andover Stormwater Management and Erosion Control Regulations (Chapter 250) promulgated under Chapter 165 of the Town Bylaws (Stormwater Management and Erosion Control Bylaw).

Landscape design.

Landscape designs shall be developed based on soil, light and other site-specific conditions. Plant species shall be chosen for their ability to thrive in the post-development soil, water and use conditions of the site without significant supplemental water or fertilizer, once established.

Plant species shall be native to inland Essex County or shall be cultivars of these native species.

§ 195-8.16 Findings and action by Planning Board for site plan review.

[Amended 5-16-2023 ATM by Art. 34]

With the concurring vote of four members, the Planning Board shall either 1) approve, 2) approve with conditions, or 3) deny a site plan submitted for review.

The Planning Board shall approve a site plan when the following conditions are met:

(a)

The site plan complies with all current bylaw requirements of the Town; and

(b)

The site plan has been submitted in accordance with the regulations and procedures as outlined in this Part 3 and § 195-10.7A, Conditions for approval of special permit.

The Planning Board shall conditionally approve a site plan when the following conditions are met:

(a)

The application needs to go to any Town board, department or commission for approvals, or requires approvals by any state, and/or federal agency; and

(b)

The site plan generally complies with Town bylaw requirements, but requires minor changes in order to be completely in compliance with the Town bylaw regulations.

The Planning Board may deny approval of a site plan for the following reasons:

(a)

The plan does not include all the materials or information required in this Part 3, or has failed to adhere to the procedures for site plan review as outlined in this Part 3, and § 195-10.7, Special Permits; or

(b)

The plan as presented is not in compliance with Town bylaws; or

(c)

The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for review; or

(d)

The applicants have failed to incorporate and adhere to any condition(s) for approval granted by any Town board, department or commission, or requirements called for by any state or federal agency which has proper authority upon which to place conditions on a matter before the Planning Board.

The Planning Board shall render a decision within 90 days of the close of the public hearing and shall file its written decision with the Town Clerk's office and other appropriate parties in accordance with the provisions of MGL c. 40A.

The applicant shall be responsible for filing a copy of the decision at the Registry of Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Inspector.

For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Planning Board may require security submitted in the form of a check made out to the Town of North Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements required. The check will then be placed in an interest-bearing account and will be released upon the completion of the project. The Board, at its discretion, may release partial amounts of the security at certain stages of construction.

§ 195-8.17 Revisions to approved site plans.

Any revisions to a development that has secured site plan approval or limited site plan review approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives two copies of the revised plan and the revisions placed on the plan fall into the following categories:

[Amended 5-16-2023 ATM by Art. 34]

A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town bylaws are violated by the change;

A change in the proposed landscaping plan which does not violate any Town bylaw;

A change of egress and ingress, provided the same is in compliance with Town bylaws and the requirements of the commonwealth.

The revisions cited above may be completed without further review by the Planning Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this section, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site improvements to be constructed and shown in the approved site plan.

If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this Part 3.

§ 195-8.17.1 Limited site plan review for religious uses, educational uses and child-care facilities.

[Added 5-16-2023 ATM by Art. 34]

The purpose of this section is to ensure that all religious and education uses and all child-care facilities are subject to reasonable regulations in regards to bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. Notwithstanding any bylaw to the contrary, the Planning Board has the authority to place reasonable conditions on child-care facilities, and developments proposing religious, or educational uses, but are not permitted to withhold approval of limited site plan review where there is an inability to satisfy proposed reasonable regulations.

Information required for limited site plan review;

Submittal of a complete "Application for Limited Site Plan Review."

Evidence supplied by the applicant of the Building Commissioner's written determination of whether the provisions of MGL c. 40A. § 3, are applicable. This determination as to whether the Dover uses applies to a particular proposed use will be made solely by the Building Commissioner.

In reviewing the limited site plan submittal for religious uses, educational uses and child-care facilities, the following issues shall be considered:

Relationship of the bulk of structures and adequacy of open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of this bylaw, which includes, but is not limited to, building coverage requirements, yard sizes, lot areas and setbacks;

Physical layout of the plan as it relates to convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly;

Adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises;

Physical lighting of the site, especially the adequacy of the method of exterior lighting for convenience, safety and security within the site and for protection of neighboring properties, roadways and the night sky;