Town of North Andover, MA ARTICLE 15 PLANNED COMMERCIAL DEVELOPMENT DISTRICT

§ 195-15.1 Objectives.

The Planned Commercial Development District is intended:

A. To allow considerable flexibility under a special permit in the development of tracts of land as recommended in the Town of North Andover Master Plan in accordance with the goals and objectives in the Master Plan;

B. To allow a developer to propose a site development use and plan unique to a particular location;

C. To provide under the special permit process a mechanism for the Planning Board to evaluate the potential impacts of a proposed development;

D. To permit a development which is compatible with the character of the Town and which benefits the economic development of the Town.

§ 195-15.2 Permitted uses.

A. The following uses are permitted:

(1) Walk-in bank. A freestanding building with its own parking lots and excluding drive-through windows.

(2) Business and other offices.

(3) All uses allowed in the R-4 Zoning District as set forth in § 195-4.3 of the Zoning Bylaw;

B. Principal uses.

(1) The following uses are allowed only by special permit pursuant to this Article 15 of the bylaw:

(a) Hotel or motel (limited to one in each 2,000 linear feet of street or highway as measured along the frontage);

(b) Art gallery;

(c) Funeral parlor;

(d) Restaurants where the business primarily serves food to be consumed within the building, excluding fast-food and drive-through establishments. A "fast-food and drive-through establishment" is defined as a restaurant characterized by a large carry-out clientele; long hours of service (some are open for breakfast, all are open for lunch and dinner, some are open late at night or 24 hours); and high turnover rates for eat-in customers.

(e) Retail uses, provided there is no outdoor storage or sale of materials or products;

(2) Accessory uses:

(a) Eating and drinking establishments within an office building for use principally by those employed within the structure;

(b) Private parking garages accessory to allowed principal uses;

(c) Indoor recreational facilities such as tennis and racquetball courts as an accessory to a hotel or motel for use principally by the guests of the hotel or motel. Public memberships to the recreational facilities are not allowed.

(d) No other uses shall be allowed.

§ 195-15.3 Dimensional regulations.

A. Residential dimensional requirements for the R-4 Zone shall be as set forth in Summary of Dimensional Requirements (Table 2).[1]

[1] Editor's Note: Table 2 is included as an attachment to this chapter.

B. Commercial.

(1) Minimum lot size: 150,000 square feet.

(2) Height maximum: 35 feet. (A hotel only may be constructed in height to a maximum of 60 feet.)

(3) Street frontage: 300 feet.

(4) Front setback: 100 feet, with the first 50 feet as a visual buffer which shall remain open and green, be suitably landscaped, un-built upon, unpaved and not parked on.

(5) Side setback: 50 feet (except when directly adjacent to a residential use, where it is 100 feet with a fifty-foot visual buffer which shall remain open and green, be suitably landscaped, un-built upon, unpaved and not parked on).

(6) Rear setback: 50 feet (except when directly adjacent to a residential use, where it is 100 feet with a fifty-foot visual buffer which shall remain open and green, be suitably landscaped, un-built upon, unpaved and not parked on).

(7) Floor area ratio: 0.75:1.

(8) Lot coverage: maximum of 25%.

(9) Contiguous buildable area: 75% of minimum lot size.

§ 195-15.4 Special permit authority and procedures.

A. The Planning Board shall be the special permit granting authority (SPGA) for the issuance of Planned Commercial Development District special permits. No structures associated with principal and accessory uses shall be placed, constructed or modified within the Planned Commercial Development District without first obtaining a planned commercial development special permit from the Planning Board. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of the rural character and the provision of adequate infrastructure development in North Andover.

B. Procedures for obtaining a Planned Commercial Development District special permit in accordance with Article 15.

(1) Pre-application conference. Prior to the submission of an application for a Planned Commercial Development District special permit, the applicant is encouraged to confer with the Town Planner to obtain information and guidance regarding the development of the parcel. After such initial consultation with the Town Planner, the applicant may appear before the Planning Board at a public meeting.

(a) Such pre-application consultation shall be informal, nonbinding, and directed toward:

[1] Reviewing the basic concepts of the proposal;

[2] Reviewing the proposal with regard to the Master Plan and Zoning Bylaw;

[3] Explaining the state and local regulations that may apply to the proposal.

(b) Preliminary discussion shall not bind the applicant or the Board.

(2) Submission of a Planned Commercial Development District special permit application and plan.

(a) Procedures.

[1] The applicant shall file eight copies of the Planned Commercial Development District plan, supporting materials, filing and outside engineering review escrow fees, and three copies of the form titled "Planned Commercial Development District Special Permit Application" with the Planning Board. The Town Planner shall certify that the plans and materials submitted have been time stamped by the Town Clerk's office and meet the submittal requirements.

[2] The Planning Board, within 65 days from receipt of the plan by the Town Clerk, shall determine whether the proposed project is generally consistent with criteria of § 195-15.1 of this article. The Planning Board will review the plans during a public hearing process and will receive comments from the public, other Town departments, and the applicant.

[3] The applicant must follow the procedures for obtaining a special permit as set forth in § 195-10.7 of the Zoning Bylaw.

[4] If applicable, the applicant must follow the procedures for site plan review under Article 8, Part 3, Site Plan Review.

(b) Submission requirements. The Planned Commercial Development District plan shall include all of the information required under § 195-8.14 of the Zoning Bylaw in addition to the following.

(c) Minimum requirements. The plan, at a minimum, shall be subject to the following conditions. The Planning Board shall make a determination that the project meets all of the following criteria:

[1] The project is consistent with the objectives set forth in § 195-15.1.

[2] The proposed project shall not generate traffic flows that, in the opinion of the Planning Board, are excessive for the project location; further, ingress and egress for traffic flow and traffic circulation within the project are designed properly so that there will be no serious hazard to vehicles or pedestrians.

[3] Adequate parking facilities are provided for each use and structure in the development.

[4] Major facilities or functions are designed to be visually compatible with natural, historical and neighborhood characteristics of the site.

[5] The project does not adversely affect the natural environment to the detriment of community character.

[6] The project must meet the requirements of Article 8, Part 9, Lot/Slope Requirements.

§ 195-15.5 Relation to Subdivision Control Law. [1]

Approval of a Planned Commercial Development District special permit hereunder shall not substitute for compliance with the Subdivision Control Law, nor obligate the Planning Board to approve any related definitive plan for subdivision, nor reduce any time period for Board consideration under that law. However, in order to facilitate processing, the Planning Board may, insofar as practicable under existing law, adopt regulations establishing procedures for submissions of a combined plan and application which shall satisfy this article and the Board's regulations under the Subdivision Control Law.

[1] Editor's Note: See MGL c. 41, §§ 81K through 81GG.