[Amended 5-16-2023 ATM by Art. 34]
A. 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.
B. 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.
C. 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.
D. 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.
[Amended 5-16-2023 ATM by Art. 34]
A. Special permit application form, along with any fees as may be set
by the Town bylaws;
B. 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.
C. 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.
D. 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.
E. The following information must be submitted along with the application:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
F. 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.
G. 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.
[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.
A. General.
(1)
Conformance with all appropriate provisions of the Zoning Bylaw.
(2)
Protection of abutting properties from detrimental site characteristics.
B. Environmental.
(1)
Protection of unique or important natural, historic or scenic
features.
(2)
Adequacy of proposed methods of refuse disposal.
(3)
Ability of proposed sewage disposal and water supply systems
within and adjacent to the site to serve the proposed use.
(4)
Adequacy of the proposed drainage system to mitigate stormwater
runoff increase, protect water quality, and minimize flooding.
(5)
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.
C. Design.
(1)
Buildings shall be located with respect to setbacks, placement
of parking, landscaping and entrances and exits with surrounding buildings
and development.
(2)
The buildings shall relate harmoniously to each other in architectural
style, the location and building exits and entrances.
(3)
Screening shall be provided for storage areas, loading docks,
dumpsters, rooftop equipment, utility buildings and similar features.
(4)
Electric, telephone, cable TV, and other such lines and equipment
must be placed underground.
(5)
Demonstrate that the scale, massing and detailing of buildings
are compatible with those prevalent in the surrounding area.
D. Traffic/Parking.
(1)
The location and number of curb cuts shall be minimized to reduce
turning movements, and hazardous exits and entrances.
(2)
Provision for access to adjoining properties shall be provided
as appropriate.
(3)
Driveways shall be located opposite each other wherever possible.
(4)
Joint -access driveways between adjoining properties shall be
encouraged.
(5)
Internal circulation and egress shall provide for traffic safety,
and access to and from minor streets servicing one-family dwellings
shall be minimized.
E. Stormwater management.
(1)
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.
(2)
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).
F. Landscape design.
(1)
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.
(2)
Plant species shall be native to inland Essex County or shall
be cultivars of these native species.
[Amended 5-16-2023 ATM by Art. 34]
A. 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.
(1)
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.
(2)
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.
(3)
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.
B. 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.
C. 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.
D. 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.
[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.
A. Information required for limited site plan review;
(1)
Submittal of a complete "Application for Limited Site Plan Review."
(2)
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.
B. In reviewing the limited site plan submittal for religious uses,
educational uses and child-care facilities, the following issues shall
be considered:
(1)
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;
(2)
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;
(3)
Adequacy of the arrangement of parking and loading spaces in
relation to the proposed uses of the premises;
(4)
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;
(5)
Protection of adjoining premises against seriously detrimental
uses by provision for surface water drainage;
(6)
Adequacy of the methods of disposal of refuse and other wastes
resulting from the uses permitted on the site;
(7)
Adequacy of fire protection measures; and
(8)
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.
C. 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.
CHILD-CARE FACILITY
An establishment licensed by the Commonwealth of Massachusetts
for the purpose of operating either 1) a day-care center, which provides
daily care for children under the age of seven years, or under 16
years if such children have special needs, for nonresidential custody
and care during part or all of the day separate from their parents;
or 2) a school-age child-care program, which provides supervised group
care for children not of common parentage who are enrolled in kindergarten
and are of sufficient age to enter first grad the following year,
or an older child who are not more than 14 years of age, or 16 years
of age if such children have special needs; or 3) a large family child-care
home: a private residence which, on a regular basis, receives for
temporary custody and care during part, or all of the day, children
under seven years of age, or children under 16 years of age if such
children have special needs, and receives for temporary custody and
care for a limited number of hours children of school age under regulations
promulgated by the Board, but the number of children under the age
of 16 in a large family child-care home shall not exceed 10, provided
that:
A.
In the residential districts, such activities shall be permitted
only on a lot which, with all its structures, conforms to the requirements
of the bylaw, or a lawfully nonconforming lot or structure as to which
the area of the lot is not less than 10,000 square feet;
B.
In the residential districts or on lots which are not in a residential
district but are adjacent to a residential district, no outdoor play
area (an area designed or set aside for children in a child-care facility
for recreation or play) shall be located closer to a lot line than
the minimum yard setback requirements for a principal use in the district
in which it is located;
C.
In all districts, the open space between the defined outdoor
play area or structure and the property line(s) adjacent to residential
districts or residential uses shall be screened with such fence, wall,
hedge, or landscaping to provide a dense year-round screen as the
Planning Board shall designate.
DOVER USES
Proposed use consistent with MGL c. 40A, § 3.
EDUCATIONAL
Use of land, buildings and structures for providing learning
in a general range of subjects on land owned or leased by the Commonwealth
or any of its agencies, subdivisions of bodies politic or by a recognized
religious sect or denomination, or by a nonprofit educational entity
which may include athletic facilities, dormitories, administrative
offices and similar facilities and activities whose purpose is substantially
related to furthering learning.
LIMITED SITE PLAN REVIEW
The standard of review for the regulatory authority for Dover
uses. All projects are subject to a public hearing before the Planning
Board, and are subject to notice requirements set forth in MGL, c.
40A § 11.
RELIGIOUS
Use of land, buildings and structures for public worship
carried on by a recognized religious sect or denomination which may
include religious instruction, maintenance of a convent, parish house
and similar facilities and activities whose purpose is substantially
related to furthering the beliefs of such sect or denomination.
[Added 5-16-2023 ATM
by Art. 34]
A. Where a special permit, including but not limited to a watershed special permit, is required or a variance from the Zoning Bylaw is requested in connection with any action subject to limited site plan review for religious uses, educational uses and child-care facilities, the specific provisions of the Zoning Bylaw still apply, subject to the provision in §
195-8.18.
B. Limited site plan review approval for religious uses, educational
uses and child-care facilities shall be by the Planning Board. The
Planning Board shall file its decision with the Town Clerk within
90 days of receipt of an application, unless such time is extended
in writing by agreement with the applicant and notice of such extension
is filed with the Town Clerk. The Planning Board may impose such appropriate
conditions, limitations, and safeguards as will ensure compliance
with the terms of approval.
[Added 5-16-2023 ATM
by Art. 34]
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 and the Planning Department.
[Added 5-16-2023 ATM
by Art. 34]
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.
[Added 5-16-2023 ATM
by Art. 34]
Limited site plan review approval shall lapse if construction
has not commenced within two years from the date of approval. For
limited site plan approval by the Planning Board, an extension of
time may be granted for up to one year.
[Added 5-16-2023 ATM
by Art. 34]
This bylaw shall not interfere with or annul any other Town
bylaw, rule or regulation, which is more restrictive, except where
this bylaw is more restrictive, it shall control.
[Added 5-16-2023 ATM
by Art. 34]
The invalidity of one or more sections, subsections, sentences,
clauses or provisions of this bylaw shall not invalidate or impair
the bylaw as a whole or any other part hereof.