January 4, 2006
ARTICLE VIII
Special Regulations
ARTICLE XV Section 97.8
SITE PLAN REVIEW
§ 97-8 SITE PLAN REVIEW
97 – 60 A.§ 97.8.1 Purpose
The purpose of this ArticleSection is to protect the health, safety, convenience and general welfare of the public by providing a comprehensive review procedure of plans for uses and structures which may have impacts on traffic, services and utilities, environmental quality, water resources, drainage and community character. Any use or structure, or expansion thereof, referred to in MGL c. 40A, ~ 3, (exemption from zoning) is not exempt from the provisions of this sectionarticle, provided any of the criteria contained in 97 – 61 § 97-.8.B.2 also applies.
97- 61 B.§ 97.8.2 Applicability
Any non-residential or non-agricultural construction project which requires construction of a new building or will result in a change in the outside appearance or a change of use of an existing building or buildings or premises, and which includes one or more of the following:
A(8.2.1). Construction of 1,5002,000 or more square feet of gross floor area.
(8.2.2) An increase in gross floor area of at least 2,000 square feet
B. an increase in gross floor area of at least 2,500 square feet
.
C(8.2.3). Grading or regrading of land to planned elevations and/or removal or disturbance of the existing vegetative cover except for agricultural activities, over an area of 5,000 square feet or more.
D.(8.2.4) Construction, enlargement or alteration of a parking area containing 10 or more parking spaces.
(8.2.5) . The development of 10,000 square feet or more of impervious surface area or more than 125% of the lot area.
(8.2.6) The construction of a drive-in retail establishment serving food or dispensing merchandise from inside a building to persons seated in their automobiles on the premises.
8.2.6 The construction of a drive-in retail establishment service food or dispensing merchandise from inside a building to persons seated in their automobiles on the premises.
C.§ 97- 62 97.8.3 Procedure
A(8.3.1) .An applicant for site plan review shall file with the Planning Board an application and d
submission materials as required by the Site Plan Review Submission Requirements and Procedures adopted by the Planning Board and filed with the Town Clerk.
B(8.3.2) . The Planning Board shall, within five days of receipt of a site plan review application, transmit copies of the application and the site plan to the Building Inspector, Conservation Commission, Board of Health, and Director of Public Works for comments and recommendations.
C(8.3.3) .The Planning Board shall hold a public hearing within 65 days of the filing of any
application for a project and shall file a decision within 90 days of the close of the
Hearing. Where the Planning Board is the Special Permit Granting Authority for the proposed work, the Public Hearing for the Special Permit shall take place in conjunction with the Public Hearing for the Site Plan Review. Notice of the time, place, and subject matter of the public hearing shall be given by the Planning Board, at the expense of the applicant, to the applicant and to all owners of land abutting the land being the subject of such application as appearing on the most recent tax list on file at the Assessors Office. In addition, the Planning Board shall
also give notice of the time, place, and subject matter of the public hearing, at the expense of the applicant, by advertisement in a newspaper of general circulation in the Town, once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing. The time within which the Planning Board must act on an
application may be extended upon mutual agreement in writing upon request of the Applicant and set forth mutually in a written agreement between the Planning Board and the applicant. Failure to act within the time limitations established in this article shall be deemed constructive approval of the application.
D(8.3.4) . Final action, which shall be a "Decision of Site Plan Review" that is filed with the Office of the Town Clerk and the Building Inspector, shall consist of either:
(a) 1) A written approval of the application, including a finding and determination that the proposed project will constitute a suitable development based on conformance with the criteria and conditions of approval contained in §97 -– 6397-.8.D.4 and 97 - 64 §97-.8.F.6 respectively.
(b2) A written denial of the application based on a determination that insufficient information was submitted for the proposal or the proposal did not meet the criteria as stated in Section §97 - 6397-.8.D4.
E(8.3.5) . A vote of a simple majority of the full membership of the Board shall be sufficient to adopt a Decision of Site Plan Review.
F(8.3.6) . Any person aggrieved by a Decision of Site Plan Review by the Planning Board may y
appeal such Decision to the Zoning Board of Appeals within 30 days of the date of the Decision.
D.§ 97 - 63 97.8.4 Decision Criteria
The Planning Board shall approve an application for site plan review if it finds that:
A(8.4.1) . The surrounding area will be protected from the proposed use on the site by provision of adequate surface water drainage, buffers against light, sight, sound, vibration, odors, dust and other air pollution and the preservation of adequate light and air;
B(8.4.2) . The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas and public ways is provided for;
C(8.4.3) . Environmental features of the site and surrounding areas are protected;
D(8.4.4) . The site plan is consistent with the Master Plan;
E(8.4.5) . The proposed building scale and/or site development plan is consistent with the
surrounding neighborhood; and
(8.4.6) . All signs are in accordance with the sign regulations for the pertinent district.
F (8.4.7) . All variances or special permits required from the Board of Appeals have been granted.
G (8.4.8) . Notwithstanding the above, regulation of uses and structures referred to in MGL c. 40A, ~ 3 (exemptions from zoning) shall be limited to the extent allowed under said section of the General Laws.
E.§ 97 - 6497.8.5 Conditions of Approval
Site plan approval may be made subject to conditions, modifications and restrictions as the Planning Board may deem necessary, and any construction, reconstruction, alteration or addition shall be carried on only in conformity with such conditions, modifications or restrictions and in conformity with the application and site plan. An order of conditions from the Conservation Commissionunder MGL c. 131, ~ 40, (Inland Fisheries and Game etc.) which imposes conditions inconsistent with a site plan approval, shall require a revision of the site plan. A request for such revision must be submitted to the Planning Board. For any construction project or change in use that requires site plan review, no building permit may be issued unless and until the applicant has complied with the provisions relating
to site plan review under this article and the conditions, modifications, and restrictions contained within the Decision of Site Plan Review are referenced to and incorporated in, and made an express condition of, such building permit. Site plan approval by the Planning Board shall not be construed as approval from any other Board, official or department.
At the discretion of the Building Inspector, with the concurrence of the Planning Board, recording of a certification of the Town Clerk and the Decision of Site Plan Review at the Registry of Deeds may be included as an additional condition precedent to the issuance of any building permit ((see MGL c. 40A, ~ 11, par. 4) Notice requirements for Public Hearings etc.).
97 – 65 F.§ 97.8.6 Performance Guarantee
As a condition of site plan approval, the Planning Board may require by a simple majority of the full board that a performance bond, deposit of money or negotiable securities, (to be selected by the Applicant) be posted with the Town to guarantee completion of improvements to be made in compliance with the plans submitted and approved hereunder. The Board may also require by a simple majority of the full board that an amount be included for land restoration not having to do with the construction of improvements. The amount of security shall include a 15% contingency and shall be determined based on an estimate from the applicant's engineer which may be confirmed or increased by the Board. The Town may use the secured funds for their stated purpose in the event that the applicant does not complete all improvements in
a manner satisfactory to the Board within two years from the date of approval, or the final date of the last extension of such approval, if any.
G.§ 97 - 6697.8.7 Duration of approval
Site plan approval for a project shall become void two years from the date of issue, which two years shall not include time required to pursue or await determination of an appeal referred to in MGL c. 40A, ~~ 8 and 17, (Appeals to permit granting authority) unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion, except for good cause. In such case a request for extension of the date of completion must be submitted to the Planning Board.
97 – 67 H.§ 97.8.8 Fees
Site plan review fees shall be governed and set by the Planning Board and shall be assessed to the owner and/or the applicant. Such fees may include a deposit for review by a consultant selected by the Town. The amount of fees shall be as listed in the Site Plan Review Submission Requirements and Procedures and administrated in accordance with § 117-46 thru § 117-48 of the Subdivision of Land By-Law..
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