This bylaw recognizes that certain developments of land, though
generally suitable for location in a particular zoning district, are,
because of their nature, size, complexity or other reasons of probable
impact, capable of affecting the stated purposes of this bylaw, unless
careful consideration is given to certain critical design elements.
It is the intent of this bylaw to provide a mechanism for the review
of an applicant's attention to such critical design elements within
developments that are subject to review.
The purpose of this bylaw is to protect the public health, safety,
and welfare; to promote balanced growth; to protect property values;
and to encourage development by providing the public and the Town
with an opportunity to review and comment.
[Amended 10-23-2017 ATM
by Art. 23]
An applicant may make limited on-site changes to an approved site plan. Said changes shall be based on unforeseen conditions, situations, or emergencies. Prior to undertaking the on-site alterations, the applicant shall submit to the Planning Department a written request detailing the proposed changes and a copy of said request shall be provided to the Planning Board. The Planning Director, or their designee, shall review the request and may approve limited on-site changes that are generally consistent with the approved site plan or require Planning Board review of the request if the proposed changes are of such a nature or magnitude that they would unreasonably compromise the basis of approval under §§
300-109 and
300-110. The Board may review any request for on-site construction changes under general business and may either approve, modify or deny the requested on-site changes. Said request shall not be unreasonably denied. An appeal of the Planning Director’s, or their designee's, decision on a limited on-site change shall be heard by the Planning Board.
An application fee shall be filed with the Planning Department
at time of submission of the complete application. The application
fee will be considered nonrefundable when the application is stamped
as received by the Town Clerk. The Board may require special investigative
studies, such as traffic impact analysis or other studies necessary
to make an informed decision, and shall not include any aspects of
investigative study which are redundant or duplicative to that of
any other local boards or commissions. Expert services may be required
by the Planning Board to review plans or documents. Please refer to
the Planning Board's Rules and Regulations for a project review cost estimate. The applicant shall
be advised of the costs prior to the studies being performed. The
fees shall be paid prior to the studies being performed and will be
held in escrow. An accounting of the escrowed funds shall be provided
to the applicant on a regular basis and any unused balance will be
returned to the applicant.
The Board will require that the applicant file with the Board
a bond, deposit of money, negotiable securities or other such surety
acceptable to the Planning Board to cover costs of any construction
on streets, utilities and other site improvements which, if left incomplete,
could present a public hazard or nuisance. A performance agreement
between the applicant and the Town will specify the manner in which
the on- or off-site improvements will be completed and the specific
manner in which the surety will be released.
The provisions of this article are severable and, in the event
that any provision of this article is determined to be invalid for
any reason, the remaining provisions shall remain in full force and
effect.
[Added 10-23-2017 ATM
by Art. 23]
Any decision rendered by the Planning Board pursuant to Article
XVIII may be appealed by the applicant to a court of competent jurisdiction as set forth in MGL c. 40A, § 17, and no building permit specifically connected to the appeal may be issued until the appeal is resolved.