It is the purpose of this Article 17 to establish an Osgood
Smart Growth Overlay District and to encourage smart growth in accordance
with the purposes of MGL Chapter 40R, and to foster a range of housing
opportunities along with a mixed-use development component, to be
proposed in a distinctive and attractive site development program
that promotes compact design, preservation of Open Space, and a variety
of transportation options, including enhanced pedestrian access to
employment and nearby rail access. Other objectives of this article
are to:
A.Â
Promote the public health, safety, and welfare by encouraging diversity
of housing opportunities;
B.Â
Provide for a full range of housing choices for households of all
incomes, ages, and sizes in order to meet the goal of preserving municipal
character and diversity;
C.Â
Increase the production of a range of housing units to meet existing
and anticipated housing needs;
D.Â
Provide a mechanism by which residential Development can contribute
directly to increasing the supply and diversity of housing;
E.Â
Establish requirements, standards, and guidelines, and ensure predictable,
fair and cost-effective Development review and permitting;
F.Â
Establish Development standards to allow context-sensitive design
and creative site planning;
G.Â
Enable the Town to receive Smart Growth Educational Aid payments
for school children who may reside in residential Developments within
the OSGOD pursuant to MGL Chapter 40S, and which are available only
for new Developments in 40R Smart Growth Zoning Overlay Districts;
and
H.Â
Enable the Town to receive zoning incentive payments and/or density
bonus payments in accordance with MGL Chapter 40R and 760 CMR 59.06
arising from the development of housing in the Osgood Smart Growth
Overlay District.
For purposes of this Article 17, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this § 195-17.2, or as set forth in the rules and regulations of the permit approval authority ("regulations"). To the extent that there is any conflict between the definitions set forth in this § 195-17.2 or the regulations and the Enabling Laws, the terms of the Enabling Laws shall govern.
A detached Building, the use of which is customarily subordinate
and incidental to that of the principal Building or Buildings, whether
or not located on the same lot.
A use of a parcel customarily subordinate and incidental
to the principal Use of the lot, or a neighboring lot in the case
of a Use pursuant to an easement, or to a Structure on the lot, or
on a neighboring lot in the case of a Structure erected and maintained
pursuant to an easement.
An Affordable Housing Dwelling Unit required to be sold to
an Eligible Household.
Housing that is affordable to and occupied by Eligible Households.
A deed restriction of Affordable Housing meeting statutory requirements in MGL c. 184, § 31 and the requirements of Part 6 of this Article 17.
An Affordable Housing Dwelling Unit required to be rented
to an Eligible Household.
A person that files an application for Plan Approval and/or
special permit and/or other approval pursuant to this Article 17.
If the Applicant is not the owner of the real property on which the
Development is proposed, then the Applicant, as part of the application
or notice, shall obtain the owner's written authorization to file
such application or notice. Such written authorization may take the
form of preexisting agreements or instruments including, without limitation,
signed purchase and sale agreement(s) and signed easement(s) (whether
or not yet recorded), or a written letter of authorization from the
owner of the real property.
A Development of residential or nonresidential under zoning
without recourse to a special permit, variance, zoning amendment,
or other form of zoning relief. A proposed Development that requires
a special permit pursuant to this Article 17 shall not be considered
an As-of-Right Project.
A combination of any materials, whether portable or fixed,
having a roof, to form a Structure for the shelter of persons, animals,
processes or property. For the purpose of this definition, "roof"
shall include an awning or any similar covering, whether or not permanent
in nature. The word "Building" shall be construed, where the context
requires, as though followed by the words "or part or parts thereof."
The aggregate of the maximum horizontal cross-sectional area
of all Buildings on a lot, exclusive of cornices, eaves, gutters,
chimneys, unenclosed porches, bay windows, balconies and terraces.
Measured from the average ground height adjoining at the
exterior walls of a Building to highest point on the roof of the Building,
exclusive of decorative cupolas, weather vanes, chimneys and vent
structures, antennas, satellite dishes, mechanical penthouses and
other Structures or enclosures not intended for human habitation.
Provisions of Part 9 of this Article 17 made applicable to Developments within the OSGOD that are subject to the Plan Approval process.
Any type of construction not defined as a "Project."
The Department of Housing and Community Development of the
Commonwealth of Massachusetts, and any successor agency.
A portion of a lot designed for vehicular access to off-street
parking or loading space or to a garage, whether or not located on
the same Development real property. For purposes of this Article 17,
a Driveway or Drive Lane is distinguished from a "Roadway" as defined
below.
One or more living, kitchen and sleeping room(s) providing
complete living facilities for the Use or one or more individuals
constituting a single housekeeping unit, with permanent provisions
for living, sleeping, eating, cooking and sanitation, but not including
mobile homes or trailers, however mounted, or commercial accommodations
offered for transient occupancy of less than one month's duration.
An individual or household whose annual income is less than
80% of the area-wide median income for the Lawrence MA-NH HMFA (HUD
Metro FMR Area) as determined by the United States Department of Housing
and Urban Development (HUD), adjusted for household size, with income
computed using HUD's rules for attribution of income to assets.
MGL Chapter 40R and 760 CMR 59.00.
An establishment whose primary business is the sale of food
upon a very short waiting time, served primarily through a drive-through
facility, and which, because of the nature of the operation, causes
or is a major contributor to a large volume or frequent turnover of
vehicular traffic.
The ratio of the floor area to the Development site area
defined in the application, as determined by dividing the Gross Floor
Area by the land area of the site which is the subject of the Development
defined in the application.
The floor area within the perimeter of the outside walls
of the Building without deduction for hallways, stairs, closets, thickness
of walls, columns or other features.
A planted area intended to provide, when mature, a visual
screen between Uses. Landscaped Buffers may include existing vegetation,
new plantings and/or lawn areas. Fencing may form a part of the Landscaped
Buffer or screening where appropriate or dictated by topography or
other considerations.
Improvements to land to enhance its attractiveness and facilitate
its use and enjoyment. Landscaping may include walks, terraces and
the like, fencing, stone walls or other decorative walls, site furnishings,
grading and reshaping of earth contours, planting, and lawn areas.
Landscaping may also include existing natural areas indicated to remain
and/or be renovated.
The Gross Floor Area for principal and accessory Structures
permitted on a site.
A Development containing a mix of residential Uses and nonresidential Uses, as allowed in Part 4 of this Article 17, and subject to all applicable provisions of this Article 17.
Apartment or condominium Dwelling Units in one or more Buildings,
each of which Buildings contains or will contain more than three such
Dwelling Units.
The portion of a site within the OSGOD not occupied by Buildings,
parking, garages, Roadways, Driveways and Drive Lanes, but which shall
include, among other areas, all landscaped areas, all un-built areas,
all sidewalks and walkways, and all swimming pools, tennis courts
and other recreational facilities primarily open to the sky, whether
or not landscaped.
The Osgood Smart Growth Overlay District established in accordance
with this Article 17.
The rules and regulations of the PAA adopted pursuant to
Article 17. Such rules and regulations shall not take effect until
approved by DHCD and filed with the Town Clerk.
A determination made in the form of a written decision by
the PAA that the proposed site plan for the Development complies with
the standards and criteria which a site located within the OSGOD must
meet under the procedures established herein and in the Enabling Laws
and/or MGL c. 40A as more particularly provided herein.
For purposes of reviewing Development applications and issuing
decisions on Development Projects and commercial Projects within the
OSGOD, the Planning Board (the "PAA"), consistent with MGL Chapter
40R and 760 CMR 59.00, shall be the Plan Approval Authority and, consistent
with MGL c. 40A, shall be the special permit granting authority or
other approval authority as provided herein, and the PAA is authorized
to approve a site plan to implement a Development.
A Building in which is conducted the main or principal Use
of the site on which said Building is situated. A Development is permitted
to have more than one Principal Building.
The Structure on a Development site which contains the primary
Use of the site. A principal Use shall not be contained within an
accessory Structure as defined in above. A Development is permitted
to have more than one Principal Structure.
A Residential Project and/or Mixed-Use Development Project,
undertaken within the OSGOD in accordance with the requirements of
this Article 17.
A Development which is proposed and which either requires
a special permit as provided herein, or is otherwise not a "Project"
as defined above.
Active Recreational Uses, including but not limited to ball
fields; and passive Recreational Uses, including but not limited to
walking and bicycle paths. Amusements or motorized Uses shall not
be considered eligible Recreational Uses.
A Project that consists solely of residential, parking, and
Accessory Uses.
A main access corridor as defined under § 195-17.44. A Roadway is not a "Driveway" or "Drive Lane" as defined above.
A combination of materials for occupancy or use, such as
a Building, bridge, trestle, tower, framework, tank, tunnel, tent,
stadium, reviewing stand, platform, shelters, piers, bin, sign, swimming
pool or the like; the term "Structure" shall be construed as if followed
by the words "or part thereof."
A specific and defined area of land within the OSGOD that is subject to specific requirements for allowable Uses and/or dimensional requirements that may differ from the requirements for allowable Uses and/or dimensional requirements in other specific and defined areas within the OSGOD. The boundaries and the names of the Subdistricts are referred to in § 195-17.5 herein.
The zoning otherwise established by the Zoning Bylaw without
regard to this article.
The purpose for which a Structure or land is used or intended
to be used.
A Use which by reason of its normal operation would cause
readily observable, material differences in patronage, service, appearance,
noise, employment or similar characteristics from the Use to which
it is being compared.
The Zoning Bylaw of the Town of North Andover, as amended.
