Town of North Andover, MA ARTICLE 12 LARGE ESTATE CONDOMINIUM CONVERSION

§ 195-12.1 Purpose.

The purpose of this Article 12 is to permit existing buildings or large tracts of land in Residence Districts 1, 2, and 3 to be converted to single-family condominium dwelling units compatible with such residence districts, to create new housing involving relatively little new construction, to generate tax revenue for the Town, to preserve existing buildings, to preserve the residential character of the Town, and to preserve open space in the Town. In order to provide for development that is compatible with Residence Districts 1, 2, and 3, which districts are primarily for single-family residences, the conversions to dwelling units under this Article 12 are to condominium dwelling units, which can be separately owned, and are therefore a type of development similar in character to other development in such districts.

§ 195-12.2 Qualifications for conversion.

Properties meeting the following requirements shall be eligible for consideration for a condominium conversion special permit:

A. Parcels with one or more existing buildings in a Residence 1, 2, or 3 District of not less than 10 acres and with not less than 150 feet of frontage on the public way.

B. Any dwelling located on a lot of record as of April 24, 1982, may be converted to condominium dwelling units.

C. The total number of dwelling units that can be created under a condominium conversion special permit shall not exceed n-2, where "n" is the number of acres in the parcel.

D. Each condominium dwelling unit shall be an independent dwelling unit intended for use by a single family, with its own bath and toilet facilities and its own kitchen. The average square footage of the interior living space of the units shall be not less than 850 square feet per unit.

E. No building (including both buildings converted to condominium dwelling units and other buildings not converted to condominium dwelling units) shall be externally enlarged except with the approval of the Planning Board, and in no event shall such enlargement add to any one building more floor area than a number equal to 5% of the above-grade floor area of such building, the floor area of porches and decks to be included in the calculations of floor area.

F. No new building for dwelling purposes may be built on the parcel. New structures may be built pursuant to Subsection H(2) below.

G. Parking requirements are subject to Article 8 of the Zoning Bylaw.[1]

[1] Editor's Note: See Parts 1 and 3.

H. For the purposes of this subsection, "open space" shall mean all the land on the parcel except that land occupied by buildings to be converted to condominium dwelling units and existing buildings to be used for parking purposes. To ensure the preservation of open space, the following requirements shall be met:

(1) Open space may be used for the following purposes: flower gardens, gardens, landscaping, required parking, roadways and driveways reasonably necessary for the development, underground utilities, recreation not requiring any facility or structure, and land left in its natural state. The open space may be used for other purposes permitted in the Residence District if approved by the Planning Board as consistent with the condominium development and character of the neighborhood.

(2) On open land, all facilities and structures for accessory purposes (such as swimming pools, tennis courts, garages, carports, parking areas, lamp posts, small sheds for tools or sports equipment, fences, including the kind enclosing a tennis court or swimming pool, bath houses, and other accessory structures for accessory purposes) shall be subject to the approval of the Planning Board as to their number, design, locations, uses, and sizes; provided, however, that all such facilities and structures, including roadways and driveways, shall not involve the use of more than 20% of all of the open land on the parcel.

I. All new utilities, including wiring for lights on open space, paths, and driveways, shall be placed underground.

§ 195-12.3 Contents of special permit application.

An application for a condominium conversion special permit shall include the following:

A. Proposed master deed and proposed plans to be recorded therewith, including floor plans, at least one elevation for each building being converted to dwelling units, and a site plan for the parcel locating at least each building, roadways and driveways, parking, recreation facilities, utilities, and accessory facilities and structures.

B. Proposed bylaws.

C. A sample proposed unit deed.

D. A locus plan showing the parcel and all land immediately adjacent thereto, including nearby buildings and structures.

E. Such other plans, photographs, models or elevations as the Planning Board shall reasonably deem necessary or appropriate to help understand the proposal.

§ 195-12.4 Change in application.

After a condominium conversion special permit has been granted, any change in the location or use of a building, any enlargement of a building, any material exterior restoration, any material change in the use of open space, or in the facilities or structures thereon, shall not be permitted except upon an amendment to the special permit which shall be upon petition to the Planning Board and after a public hearing (with the provisions of § 195-12.5 applying) and upon a finding by the Planning Board that the proposed change or changes do not substantially derogate from the intent and purpose of this article.

§ 195-12.5 Review by Planning Board.

Prior to recording, a special permit granted under this article shall be subject to the review by the Planning Board of the final plans, and of the master deed, and plans to be recorded therewith, and bylaws, as they are to be initially recorded, which final plans, master deed, plans and bylaws shall all be substantially the same as those approved with the special permit in all respects material to considerations relevant to the special permit, in which case the Chairman of the Planning Board shall endorse copies of such final plans and such master deed, plans and bylaws having received final review and approval under this section, which endorsement shall be conclusive evidence thereof. Thereafter, the master deed and plans recorded therewith, and bylaws may be amended without Planning Board approval; provided, however, that an amendment to the special permit shall be required for those matters specified in § 195-12.4 hereof. Any amendment to the master deed and plans recorded therewith and bylaws related to an amendment to the special permit shall be endorsed by the permitted district(s) with greater flexibility from the pattern otherwise permitted in such districts.