The purpose and intent of the regulations contained in this
Part 5 are to promote the public health, safety and general welfare
of the citizens of the Town by providing for the following goals:
A.
To promote the more efficient use of land in harmony with its natural
features;
B.
To encourage the preservation of open space;
C.
To protect water bodies and supplies, wetlands, floodplains, hillsides,
agricultural lands, wildlife, and other natural resources;
D.
To permit greater flexibility and more attractive, efficient and
economical design of residential developments;
E.
To facilitate economical and efficient provision of utilities;
F.
To meet the Town's housing needs by promoting a diversity of housing
types.
An application for a planned residential special permit (PRD)
shall be allowed for parcels of land in the R-1, R-2, and R-3 Districts
in accordance with the standards set forth in this Part 5. An application
for a planned residential development special permit shall be deemed
to satisfy the requirements for site plan review.
A.
Preliminary plan. The applicant must submit a preliminary plan per § 195-8.26G and schedule a preapplication conference to discuss the proposed PRD with the Planning Board before the submission of the final special permit application and supporting documents to the Board for review at a public hearing.
A.
Any
applicant who desires a special permit under requirements of this
Part 5 shall submit an application in writing in such form as the
Planning Board may require, which shall include at the minimum the
following:
(1)
A development statement, which shall consist of a petition; a list of the parties of interest with respect to the PRD parcel and any parcel proposed to be used pursuant to § 195-8.25A below. A list of the development team and a written statement meeting the requirements of a site evaluation statement under the Subdivision Rules and Regulations of the Planning Board;[1] and setting forth the development concept and the specific
requirements of the Zoning Bylaw within a table which includes the
following information:
(2)
Copies of the proposed instruments to be recorded with the plans,
including the usable open space perpetual restriction, which shall
be deeded to a membership corporation, nonprofit organization, trust,
public agency, or the Town of North Andover.
(3)
Development plans bearing the seal of a Massachusetts registered
architect, registered civil engineer or similar professional as appropriate
and consisting of:
(a)
Subdivisions. All plans shall be drawn at a scale of one inch
equals 40 feet showing all site improvements and meeting, to the extent
applicable, the requirements set forth for a definitive plan in the
Subdivision Rules and Regulations of the Planning Board;[2] and
(b)
Site plans. Plans submitted shall meet the requirements contained
in Part 3, Site Plan Review, to the extent applicable.
B.
Review by other Town departments. The Planning Board shall, within
10 days of receipt of an application under this Part 5, refer the
application to the Conservation Commission, Public Works Department,
Board of Health, Building Inspector, Police Department, and Fire Department
for written reports and recommendations. No decision shall be made
until such reports are returned or 35 days have elapsed following
such referral without receipt of such report.
C.
Findings of the Planning Board.
(1)
The Planning Board may issue a special permit under this Part 5 only if the Planning Board finds that the PRD is in harmony with the general purpose and intent of this Part 5 and § 195-10.7, Special permits, and that the PRD contains residential development and open space in a variety to be sufficiently advantageous to the Town and meets the purpose and intent of this Part 5, which renders it appropriate to depart from the requirements of this bylaw otherwise applicable to the zoning district in which the PRD parcel is located.
(2)
If a special permit is granted, the Planning Board may impose
as a condition thereof that installation of municipal services and
construction of roadways within the PRD shall comply with the requirements
of the Subdivision Rules and Regulations of the Planning Board.[3]
(3)
Further, the regulations of the Planning Board may require sufficient
security to ensure compliance with the Subdivision Rules and Regulations,
planned recreation facilities and site amenities; and may impose additional
safeguards pertaining to public safety, welfare and convenience.
A.
Allowable parcel size. For each application filed for a special permit
under this Part 5, the applicant must have a contiguous parcel of
land, in single or consolidated ownership at the time of application,
which is at least 10 acres in size.
B.
Allowable uses. The following principal uses are allowed in a planned
residential development:
(1)
Single-family detached houses;
(2)
Residential structures with up to five dwelling units per structure,
utilizing common wall construction;
(3)
Church or other religious purposes;
(4)
Agriculture on parcels greater than five acres;
(5)
Public parks;
(6)
Conservation area or land preserved as permanent open space;
(7)
Membership clubs for the exclusive use of the residents of the
development.
C.
Dimensional regulations: site plans.
(1)
Minimum lot size: not required.
(2)
Lot frontage: not required.
(3)
All yard setbacks: not required.
(4)
Height limitation: 30 feet or 2.5 stories.
(5)
Distance between structures: 50 feet.
(6)
Buffer zone: 50 feet from the parcel boundary to any structure
located within a PRD development. Said buffer shall remain open without
pavement or roadway(s) and left in its natural condition.
D.
Dimensional regulations: subdivisions.
(2)
Lot frontage: 100 feet in all zoning districts.
(3)
All yard setbacks: 20 feet. (Note: The structure may be placed
upon a side lot line without a side yard setback, provided that the
adjacent lot to which the zero setback is located has the required
side yard setback.)
(4)
Height limitation: 35 feet and 2.5 stories.
(5)
Buffer zone. A fifty-foot border from the parcel boundary running
the full length of the perimeter of the parcel. No structure shall
be built within the buffer zone. The buffer zone shall remain in its
natural state except:
(a)
Trees and/or shrubs may be added to improve the buffer characteristic
of the zone; and
(b)
Roadways perpendicular or nearly perpendicular to the zone may
be installed to access the site, if approved as part of this PRD special
permit granted by the Planning Board. Such roadways shall be minimized
within the context of sound subdivision planning practices.
E.
Parking requirements. For all planned residential development, off-street
parking shall be provided as required by Part 1, Off-Street Parking
and Loading.
F.
Usable open space. "Usable open space" shall be defined as the part
or parts of land within the PRD which are reserved for permanent open
space or passive recreation use. The usable open space shall be open
and unobstructed to the sky. Trees, planting, arbors, flagpoles, sculptures,
fountains, outdoor open-air, passive/active recreational facilities
and similar objects shall not be considered "obstructions."
(1)
Usable open space ratio.
(a)
For subdivision PRDs, the minimum usable open space requirements shall be 35% of the total parcel area; and no more than 25% of the total amount of required usable open space shall be wetland as defined pursuant to Wetlands Protection Act, MGL c. 131, § 40, and the Town of North Andover Wetland Protection Bylaw, Chapter 190 of the Code of North Andover.
(b)
For site-planned PRDs, the minimum usable open space requirements shall be 50% of the total parcel area; and no more than 25% of the total required usable open space shall be wetland as defined pursuant to Wetlands Protection Act, MGL c. 131, § 40, and the Town of North Andover Wetland Protection Bylaw, Chapter 190 of the Code of North Andover.
(2)
Usable open space calculation.
(a)
Parking areas and roadways may not be included in the calculation
of open space area, but the calculation may include required setbacks,
waterways, and walkways. If the Planning Board requires additional
parking to facilitate use of the open space, then that added parking
area may be included in the calculation of the open space.
(b)
For the purpose of creating townhouses, condominiums, multifamily,
or similar housing within a site plan special permit PRD and subdivision
PRD, that area of land extending a minimum of 25 feet from the foundation
of the residential structure, eave, door, steps or stairway, patio
area, deck, balcony, chimney or any other structure or improvement
shall be excluded from the calculation of usable open space. If a
residential structure or dwelling is more than one story tall, the
minimum twenty-five-foot area must be measured from the furthest point
from the structure or improvement.
(c)
The usable open space shall be contiguous. Usable open space
may still be considered contiguous if it is separated by a roadway
or an accessory amenity. The Planning Board may waive this requirement
for all or part of the required open space where it is determined
that allowing noncontiguous open space will promote the goals of this
bylaw.
(d)
Wastewater/Stormwater structures. At the discretion of the Planning
Board, subsurface wastewater and stormwater management systems serving
the PRD may be located within the open space, with the approval of
the Planning Board. Surface systems, such as retention and detention
ponds, shall not qualify towards the minimum open space required.
(e)
Accessory structures. The Planning Board may permit up to 5%
of the open space to be paved (pervious "paving" materials are encouraged)
or built upon for structures accessory to the dedicated use or uses
of such open space (for example, pedestrian walks and bike paths).
Parking areas and areas used for vehicular access or egress shall
not constitute open space.
(3)
Ownership and accessibility.
(a)
For all PRDs, the usable open space shall be owned in common
by and readily accessible to the owners of all the units in the PRD
by any of the following groups:
[1]
A nonprofit organization or trust whose members
are all the owners and occupants of the units;
[2]
A private organization, including but not limited
to the Trustees of Reservations or Essex County Greenbelt Association,
whose primary function is preservation of open space;
[3]
The Town of North Andover; and
[4]
Any group, as indicated by the Planning Board,
which exists or is created for the purpose of preserving open space
for the owners of the units located in a PRD project.
(b)
The usable open space shall be, to greatest extent practicable,
accessible to the general public (unless restricted) and not for the
exclusive use of a homeowner, homeowners' association or nonprofit
organization. For open space maintained strictly for active agricultural
purposes, public access may be limited or completely excluded. This
agricultural and access restriction shall be included as a deed restriction
running with the land.
(4)
Restrictions.
(a)
A perpetual restriction of the type described in MGL c. 184,
§ 31 (including future amendments thereto and corresponding
provisions to future laws), running to or enforceable by the Town,
shall be recorded in respect to such land. Such restriction shall
provide that the usable open space shall be retained in perpetuity
for one or more of the following uses: conservation, agriculture,
or recreation.
(b)
Such restriction(s) shall be in such form and substance as the
Planning Board shall prescribe and may contain such additional restrictions
on development and use of the usable open space as the Planning Board
may deem appropriate.
G.
Calculation of allowable residential density.
(1)
Except as noted in Subsection H below, the maximum number of buildable lots and/or dwelling units in a PRD will be equal to the number of buildable lots and/or dwelling units which would result from an approved conventional subdivision plan. In order to determine the residential density of a PRD, the applicant must submit to the Planning Board a plan which:
(2)
The Planning Board will use this plan to determine the maximum
number of buildable lots and/or dwelling units allowed in a PRD.
H.
Density bonuses.
(1)
Affordable housing bonus.
(a)
For all PRDs, the total number of allowable lots and/or dwelling
units may be increased up to 20% if the developer designates at least
30% of the total number of units for use in conjunction with one or
more state or federal housing assistance programs. However, in the
instance where the use of federal or state programs is not available
to the Housing Authority, the Planning Board, after consultation with
the Housing Authority, may propose alternative methods of attaining
the affordable housing bonus.
(b)
The developer shall certify, in writing, to the Planning Board
that the appropriate number of dwelling units has been set aside and
conveyed to the North Andover Housing Authority (or other actions
are required), before the Planning Board shall grant any special permit
with density bonus provisions.
(c)
Further, the developer shall be responsible to work with the
North Andover Housing Authority to initiate and conclude occupancy
of said units within one year of their completion. Failure to do so
shall be deemed a violation of the special permit criteria. The granting
of this bonus density shall not exempt the proposed development from
any other criteria required by this section or regulation contained
in the Town bylaws.
(2)
Open space bonus. For multifamily PRDs, the total number of
allowable dwelling units may be increased up to 10% if the proposed
PRD provides 65% usable open space consistent with the definition
of usable open space as provided in this section. The granting of
this bonus density shall not exempt the proposed development from
any other criteria required by this section.
(3)
Maximum density. Proposed PRDs may utilize both bonus provisions,
i.e., affordable housing and open space; however, the granting of
bonus densities shall not exempt the proposed development from any
other criteria required by this section.
