[HISTORY: Adopted by the Zoning Board of
Appeals of the Town of Westminster as indicated in article histories.
Amendments noted where applicable.]
The rules and regulations contained herein shall
apply only to applications for comprehensive permits for construction
of low and moderate income housing, filed pursuant to MGL c. 40B,
§ 21, by a public agency, a nonprofit organization, a limited
dividend corporation, or any other approved organization, when (a)
the site is controlled by the applicant and (b) said construction
is fundable by a governmental agency under a low- and moderate-income
housing subsidy program.
A.
Except where the submission of any item is specifically
waived by the Chairman or by the majority of the Zoning Board of Appeals,
all of the following items and information shall be delivered to the
office of the Zoning Board of Appeals during the normal office hours
or at a hearing of the Board and, if satisfactory to the Board, shall
constitute the submission of an application for a comprehensive permit.
Notice of such satisfactory submission shall be given to the Town
Clerk and the applicant.
(1)
Filing fee in the form of a check made out to the
Town of Westminster. The fee shall be as specified in the most recent
fee schedule. The filing fee required hereunder is not in lieu of
any other fee required by law. If a permit is granted hereunder, the
applicant shall pay the fee required for a building or other permits
at the time of submission of detailed plans and specifications to
the Building Inspector. (See Board of Appeals Fee Schedule.[1])
[1]
Editor's Note: The Board of Appeals Fee Schedule
is on file in the Town offices.
(2)
Fifteen copies of the completed application in the
form prescribed by the Board.
(3)
The applicant shall submit certified copies of authorities
or votes, identifying the individual authorized to act on its behalf.
Furthermore, the applicant shall submit a copy of its certificate
of organization as approved by the state and a list of names and addresses
of individuals or organizations who are stockholders, shareholders,
holders of beneficial interests or otherwise interested in the applicant.
(4)
A certificate from the Massachusetts Commissioner
of Corporations and Taxation that the applicant is registered as a
nonprofit or a limited dividend corporation, or other approved organization.
(5)
Two copies of a letter identifying the subsidizing
federal or state agency to which application has been made and identifying
the subsidy program. Project eligibility letter: a project eligibility/site
approval letter from a state or federal housing program which states
that the project has been determined eligible under a particular housing
program and a copy of the project eligibility application form.
(6)
Ten copies of site and building plans, certified by
a registered professional engineer or architect, registered land surveyor
or landscape architect, as applicable, as to compliance with Town
of Westminster, Commonwealth of Massachusetts or Federal Housing Administration
laws and regulations, bearing the appropriate registration seal and
showing the following information:
(a)
Site plans showing topographic changes, information
on vegetation, open spaces, property lines, drainage, soils, dimensions,
location, materials and construction of any utilities, roads and other
improvements, including cross-sections, profiles, details and specifications,
also the locations and dimensions of any buildings and structures,
existing and proposed.
(b)
Traffic analysis.
[1]
The analysis shall include:
[a]
Traffic counts on arterial streets
that provide access to the site showing data on average daily traffic
and a.m. and p.m. peak periods (conducted for two hours divided into
fifteen-minute segments);
[b]
Intersection turning movement counts
on intersections likely to be affected by the proposed development
showing two-hour counts for the a.m. and p.m. periods divided into
fifteen-minute time segments;
[c]
An inventory of roadway characteristics
showing the width of the principal approach streets, the presence
or absence of curbing and its conditions;
[d]
Estimated trip generation showing
the projected inbound and outbound vehicular trips for the a.m. and
p.m. peak periods and a typical one-hour off-peak trip generation;
[e]
The estimated distribution of new
trips by approach streets;
[f]
The effect of additional traffic
generated by the development on traffic levels of service on each
approach street (The term level of service means level of service
as defined by the Highway Capacity Manual issued by the Highway Resource
Board of the U. S. Department of Transportation.); and
[g]
Estimated off-street parking and
loading requirements and time of peak accumulation.
[2]
The applicant shall submit such information
to the Planning Board and the Town Engineering Department prior to
the public hearing and request a report and recommendation on:
[a]
The adequacy of the data and the
methodology employed;
[b]
The effects of the additional traffic
on adjacent streets; and
[c]
Remedial measures, if any, to accommodate
the additional traffic on the adjacent streets, such as the location
of highways, limitation on left turns, hours of operation, and the
like.
(c)
Plot plan of the entire housing development
showing distances, bearings, radii and tangents of all lot or property
lines, all streets, rights-of-way, easements and the names of all
abutting owners and of all easement rights' holders. The plot plan
shall also show delineations of any and all vegetative wetlands and
applicable buffers, riverfront areas, watershed protection areas and
zoning designations.
(d)
Floor, roof and foundation plans of all buildings,
also elevations, wall sections and electrical, plumbing and other
mechanical plans. Construction details shall be shown and materials
and specifications listed. Proposed site development: all proposed
structures including building footprints, parking, roads, drainage
features, open space; typical drawings for each housing type; utilities
and infrastructure improvements; changes in grading, topography, subdivision
of land (if applicable).
(e)
A list of all requested exceptions to local
requirements and regulations, including reference to the specific
provisions of the local bylaws or regulations from which the exceptions
are sought and a detailed description of the manner in which the proposed
development departs from each of the specified provisions.
(f)
A certified abutters list.
(g)
Alternative site uses under existing zoning;
first level environmental assessment under MGL c. 21E (if available);
identification of any features of historic or archeological significance;
identification of any significant natural resource or wildlife habitat.
The level of detail should not exceed that which is already available
to the public from another agency, or which the applicant will otherwise
be required to provide to another public agency.
(h)
Housing program (e.g., local initiative program);
housing types and bedroom mix data; proposed affordable/market rate
ratios; project density; ground coverage data; proposed landscaping/buffers;
MGL c. 21E remedial action (if applicable).
(i)
Building tabulation: a tabulation of the proposed
number of buildings, units, and bedrooms per building.
(j)
Subdivision plan: a preliminary subdivision
plan, if a subdivision is part of the proposal. The drafting of the
plan should conform to the technical standards of the Planning Board.
(k)
Analysis of the projected number of students
that will attend the school from the project.
B.
For the purposes of these rules and regulations, a
"housing development" shall be defined to include the entire parcel
of land to be used for the construction of dwellings and all the changes
and improvements to be undertaken thereon incidental to providing
subsidized housing.
A.
On the receipt of all the items enumerated above,
the Board shall distribute the copies thereof together with a request
for recommendations to other local boards and agencies as follows:
(1)
One set of plans and one copy of application to the
Select Board.
[Amended 11-16-2021 STM by Art. 4]
(2)
One set of plans, 1 copy of application and 1 copy
of letter of commitment from the subsidizing agency to the Planning
Board.
(3)
One set of plans to the Board of Health.
(4)
One set of plans to the Department of Public Works.
(5)
One set of plans to the Building Inspector.
(6)
One set of plans to the Conservation Commission.
(7)
One set of plans to Town Counsel.
(8)
One set of plans to the Fire Department.
(9)
One set of plans to the Police Department.
(10)
One set of plans to the Historic District Commission.
(11)
One set of plans to the School Board.
B.
The Chairman of the Zoning Board of Appeals may also
send copies of all or any of the plans and of the supplementary material
to such other agencies as he may deem appropriate, including, but
not limited to, the Montachusett Regional Planning Council and the
Massachusetts Department of Natural Resources, and may therefore request
additional copies of the submissions by the applicant.
C.
A public hearing on the proposed housing development
shall be established by the Board, and held by the Board within 30
days of the receipt of the complete application; such hearing shall
be advertised in the local newspaper twice, the first notice not less
than 14 days prior to the date of the hearing. The notice of hearing
shall contain at least the following information:
(1)
Place, date and time of the hearing;
(2)
Name of the applicant;
(3)
Location of the proposed housing development sufficient
for identification and acreage of the parcel;
(4)
Number and type of dwellings proposed;
(5)
Federal or state subsidy programs involved and the
general income and age groups for which the housing development is
intended.
D.
Copies of the notice of the hearing shall be sent
by mail, postage prepaid, to all parties of interest as defined in
MGL c. 40A, § 11, and to all boards and agencies to whom
the Board of Appeals has transmitted copies of the application. The
Board may request the attendance of such boards, officials or persons
or their agents or representatives at the hearing or the submission
of written reports.
E.
The hearing may be continued by the Board Chairman
to a day within the forty-day period after hearing, or for such further
time agreeable with the applicant without prejudice to either party
to gather more information, give the applicant time to provide further
information, to retain consultants, or for other reasons specified
by the Chairman. The applicant shall bear the costs of any consultants
retained by the Board.
G.
Within 40 days of the hearing, the Board shall either
approve the application and issue a comprehensive permit to proceed
with construction in strict compliance with the plans, terms and conditions
of the application, approve the application with contingencies or
modifications or disapprove it. In the event of approval with modifications
or disapproval, the Board shall enumerate the specific reasons for
its action. Copies of the decision, including any reasons or conditions,
shall be given to the Town Clerk, to the applicant and to local boards
and officials which had received copies of the plans.
H.
Except as provided below, comprehensive permits shall
be valid only for the applicant, subsidy program and development project
and conditions described therein. If, after a comprehensive plan has
been granted, the applicant desires to change the details of the project
as approved, the applicant shall notify the Board of Appeals in writing.
Within 20 days of such notification, the Board of Appeals shall notify
the applicant whether it deems the proposed change to be substantial
or insubstantial. If the change is determined to be insubstantial
or if the Board fails to notify the applicant of its determination,
the comprehensive permit shall be deemed modified to incorporate the
change. If the change is determined to be substantial, the Board shall
hold a hearing on the change within 30 days of its determination,
and issue a decision on the change within 40 days of the termination
of the hearing.
I.
Unless construction under a comprehensive permit commences
within two years of the date on which the comprehensive permit becomes
final, or within such lesser or greater time period as the Board may
specify in the permit, said permit shall lapse and may not be reestablished
without a new application and hearing. The date upon which the comprehensive
permit becomes final is the date the Board of Appeals' or the Housing
Appeal subcommittee's decision if no appeal is filed. Otherwise, the
permit becomes final on the date the last appeal is denied or otherwise
disposed of.
J.
The Board of Appeals may, prior to the expiration
date of a comprehensive permit, authorize its extension. An extension
shall not be unreasonably denied.
The construction of housing developments under
the comprehensive permits shall be subject to inspection at all reasonable
times to ensure compliance with the permit, the plans, the applicable
standard specifications of the Town of Westminster and with any other
applicable laws, rules and regulations. Such inspection may be carried
out by the Board and by its agents and representatives, including,
without limitation, the Building Inspector and members of his department,
the Planning Board and its staff, and the Board of Health and its
staff.
A.
Not less than 48 hours (excepting Saturday and Sunday)
prior to commencement of each phase of site development, the applicant
shall give notice thereof to the Planning Board and not less than
48 hours (excepting Saturday and Sunday) prior to the commencement
of each phase of building construction, the applicant shall give notice
thereof to the Building Inspector. If material or work shall be covered
without the approval of the Planning Board or its agents as regards
the site development and of the Building Inspector or his agents as
regards the building construction, the applicant may be required to
uncover, open, disconnect and replace any work or materials covered
in violation hereof.
B.
The Zoning Board of Appeals may, following a public
hearing thereon, revoke the permit of any housing development violating
Town requirements, obstructing inspections by duly authorized Town
personnel, or where the workmanship or the materials are repeatedly
found to be not in conformance with the approved plans and specifications.
C.
The Board of Appeals may require the applicant to
provide a performance guaranty consistent with the procedures established
by the Planning Board in their subdivision regulations. The process
of the performance guaranty shall be supervised by the Board of Appeals,
and the Board of Appeals may consult with the Inspector of Buildings,
the Director of the Public Works, the Planning Board, or other person
or entity to determine the sufficiency of the work prior to release
of the performance guaranty.
A.
As provided for in § 20 of Chapter 40B of
General Laws, requirements and regulations consistent with local needs
shall apply as equally as possible to both subsidized and unsubsidized
housing. To the extent consistent with said § 20, housing
development shall be designed to comply with zoning, building and
sign bylaws of the Town of Westminster,[1] the rules and regulations of the Board of Health[2] and the Rules and Regulations Governing the Subdivision
of Land[3] in the Town of Westminster and the standard specifications
of the Department of Public Works. Variances or waivers from local
bylaws and regulation may be granted by the Board of Appeals only
where such variances or waivers are consistent with local needs, that
is where the regional housing need outweighs the health, safety, environmental,
design, open space, or other local concern supporting the bylaw or
regulation to be varied or waived, or where the applicant has proposed
sufficient preventative or corrective measures to mitigate the local
concern.
B.
All housing developments shall be located in a manner
compatible with the long-range comprehensive Town and financial plan
for Westminster, Massachusetts, except as otherwise recommended by
the Planning Board. The suitability of a site for housing development
will also be evaluated in relation to the following:
(1)
Land served by a septic system or other means of handling
sanitary wastes;
(2)
Accessibility from a collector or arterial street;
(3)
Safety and convenience of vehicular access;
(4)
Open or recreational space within or nearby;
(5)
Accessibility to stores carrying convenience goods
and to services;
(6)
Convenience to public transportation;
(7)
Free of soil and engineering problems making the development
unduly difficult or costly.
(8)
Availability of adequate drinking water supply.
(9)
Impact on wetlands and aquifer protection areas.
(10)
Impact on Town services.
C.
The importance of the above factors depends on the
age and income groups to be served by the development and increases
with the increased concentration of dwelling units.
[Amended 11-16-2021 STM by Art. 4]
A.
To assist the Board of Appeals, the Board may impose
reasonable fees for the engagement of outside consultants. The minimum
requirements of the consultant selected shall consist either of an
educational degree in or related to the field at issue or three or
more years of practice in the field at issue or a related issue. If
the applicant believes the consultant selected has a conflict of interest
or does not possess the minimum required qualifications, the applicant
may bring an administrative appeal to the Select Board. The required
time limits for action by the Board of Appeals upon the application
shall be extended by the duration of the administrative appeal. In
the event that no decision is made by the Select Board within one
month following the appeal, the selection made by the Board of Appeals
shall stand. Such administrative appeal shall not preclude further
judicial review, if otherwise permitted by law, on the grounds provided
for in this section.
B.
Such fees shall be deposited in a special account
established by the Town Treasurer, and shall be kept separate and
apart from other monies. The special account, including accrued interest,
if any, shall be expended at the direction of the Board of Appeals
without further appropriation; provided, however, that such funds
are to be expended by the Board of Appeals only in connection with
carrying out its responsibilities under the law. Any excess amount
in the account attributable to a specific project, including any accrued
interest, at the completion of said project shall be repaid to the
applicant or to the applicant's successor in interest, and an accountant
shall submit annually a report of said special account to the Select
Board for its review, with a copy delivered to the Board of Appeals.
Such report shall be published by the Treasurer in the Town Annual
Report. The accountant shall also submit annually a copy of said report
to the bureau of accounts.
The invalidity of any provision of these regulations
shall not invalidate any other section or provision herein.
