[HISTORY: Adopted by the Planning Board of the Town of Dover 7-11-1991.
Amendments noted where applicable.]
The Dover Planning Board has adopted this chapter with the following
objectives:
Section 185-42 of Chapter 185, Zoning, details the required sequence for application. In summary, the necessary steps are:
A.
Submission of preliminary development plan to the Planning
Board at least 120 days prior to the date of Town Meeting. The preliminary
development plan serves to provide information to the Planning Board upon
which it may develop a recommendation for action by Town Meeting.
B.
In the event that the Town Meeting votes by a 2/3 or greater margin to rezone the land, the applicant shall submit an application for a Special Permit to the Planning Board. Such application shall be accompanied by a final development plan. Application for the Special Permit shall satisfy the requirements of § 185-52 of Chapter 185, Zoning, MGL c. 40A, § 9.
The application must comply with all requirements of § 185-42 of Chapter 185, Zoning. In addition, the Board requires the following:
A.
Additional parking and access requirements. There shall
be provided a permanent off-street parking area or areas, surface and/or undercover,
of sufficient size to provide 1.5 car spaces for each dwelling unit, with
such additional temporary parking space as may be approved by the Planning
Board.
(1)
Design.
(a)
There shall be no more than 2 means of access, whether by a subdivision way or a driveway, to the development site from any existing public way. The requirements of a minor road as detailed in Chapter 248, Subdivision of Land, shall be met, unless the Board specifies other standards.
(b)
Such access points shall be located so as to minimize
conflict with traffic on public streets and, where good visibility and sight
distances are available, to observe approaching vehicular traffic.
(c)
The width of a driveway for one-way traffic shall be not less than 10 feet as measured at its narrowest point. The width of a driveway for two-way use shall be a minimum of 18 feet and a maximum of 22 feet, as measured at its narrowest point. The requirements for curb cuts to existing roads shall be consistent with Chapter 196, Residential Driveways and Curb Cuts.
(2)
Sidewalks.
(a)
Sidewalks shall be installed as required by the Board.
Sidewalks shall be designed to allow natural drainage, eliminate drainage
pockets and minimize potential for erosion within the road right-of-way and
designed in such a way as to enhance the rural character of the Town.
(b)
All sidewalks shall be constructed to avoid large trees,
watercourses, rock outcrops and other natural features. In locating sidewalks,
the Planning Board may require that sidewalks meander to avoid natural features.
B.
Drainage. A system of storm drains, culverts, swales, ditches and related installations shall be designed to provide adequate disposal of surface water, including control of erosion, flooding and standing water from or in the site and adjacent lands. Twenty-five-year design criteria must be followed, unless the Board deems extraordinary circumstances exist and requires another standard. Design standards for drainage structures are specified in Chapter 248, Subdivision of Land, shall be met, unless the Board specifies other standards.
C.
Scenic roads. The application for a multifamily housing development on a scenic road of the Town of Dover shall not release the applicant from adherence to Chapter 245, Scenic Roads.
D.
Wastewater treatment. The proposed system of wastewater
treatment must meet the requirements of the Dover Board of Health and be located
in compliance with the plan approved by the Board of Health.
E.
Water supply.
(1)
The proposed source of water shall be a well approved
by the Dover Board of Health or connection to an existing water supply system
in the Town of Dover. In the event a connection is made to an existing system,
documentation must be provided by the applicant that the system has sufficient
supply to satisfy the additional demand created by the proposed multifamily
development.
F.
Wetlands. The applicant shall seek determinations from
the Dover Conservation Commission regarding the amount and location of wetlands
on the parcel (if any) and shall make application to the Conservation Commission
for all required permits and approvals under MGL c. 131.
G.
Utilities and telecommunications. Utilities shall be
installed underground, unless the Board specifically finds that utilities
may, be installed above ground. The plan shall show the proposed location
of each underground utility and telecommunication system, including pipes,
conduits, cables, transformers, substations and other facilities.
H.
Other zoning considerations. The application for a multifamily housing development shall not release the applicant from adherence to other sections of Chapter 185, Zoning. This process is a Special Permit administered by the Planning Board under MGL c. 40A, § 9, as amended, and is not a comprehensive permit (MGL c. 774, as amended).
A.
In order for land to be zoned for multifamily residence
use, the applicant must prepare a preliminary development plan and must initiate
a change in the zoning classification of his land by a 2/3 Town Meeting vote,
in accordance with MGL c. 40A, § 5. If the Town Meeting rezones
the land, the applicant must submit to the Planning Board a final development
plan, an application for a Special Permit and, if applicable, an application
for approval under the Subdivision Control Law,[1] all as provided below.
[1]
Editor's Note: See MGL c. 41, §§ 81K through 81GG.
B.
The applicant shall submit 3 originals of Form MF-1,
15 copies of Form MF-1,[2] and 15 copies of the preliminary development plan to the Planning
Board at least 120 days prior to the date of the Town Meeting at which the
rezoning of the site will be presented. The Planning Board shall consult with
the Board of Selectmen, the Board of Health, the Dover Housing Partnership,
the Long-Range Planning Committee, the Conservation Commission, the Superintendent
of Streets, the Building Inspector and the Council on Aging.
[2]
Editor's Note: Form MF-1 is on file in the office of the Planning
Board and may be examined there during regular office hours.
C.
The preliminary development plan shall contain a full description of the project, with appropriate plans showing compliance with all requirements and provisions set forth in § 239-3, Special requirements and standards, and § 239-4, Additional standards, including the reference to § 185-42, Multifamily Residence Districts.
(1)
Information regarding the training and experience of
the applicant, his associates, professional advisers and contractors in the
development and management of real estate, the construction of housing, including
affordable and elderly housing, as well as their respective financial positions.
The applicant shall furnish copies of such transcripts, records, letters of
intent, contracts, as well as all other documentation that the Planning Board
may require to determine whether the applicant is qualified to undertake and
complete the development proposed and whether his plan for financing the same
is sound.
(2)
A map, to the scale of 1 inch equals 40 feet or other
as required by the Planning Board, of the development site and the community
surrounding the same to a distance of 1/2 mile showing all streets, Town-owned
property and zoning classifications.
(3)
A plan of the development site showing all existing and
proposed contours, lot lines, easements, rights-of-way, roads, utilities,
structures and improvements, parking areas, wetlands, land to be included
in the C (Conservation) or O (Open Space) Zones, and any conservation easements
or other restrictions. Such plan or supplemental information submitted therewith
shall illustrate compliance with the applicable density requirements.
D.
The Planning Board may require other information to be
provided and shall make a report to the Town Meeting on the proposed rezoning
of the property to the Multifamily Residence District.
A.
In the event the Town Meeting rezones the land in question for multifamily residence use, the applicant shall file an application for a Special Permit with the Planning Board, in accordance with § 185-52 of Chapter 185, Zoning. The applicant is strongly encouraged to meet with the Planning Board prior to submission to clarify the requirements for submission. The application shall be accompanied by a final development plan and 3 originals of the completed Form MF-2.[1] Fifteen copies of such application and the final development plan
shall be submitted to the Planning Board. The final development plan shall
consist of:
(1)
The name(s) and address(es) of the applicant and all
legal and beneficial owners of the site; copies of all instruments, options,
contracts or encumbrances affecting ownership of the development site; and
an instrument executed by all persons owning property within the site agreeing
that the development, as applied for, is desired.
(2)
All information required by the Planning Board regarding
the training and experience of the applicant, his associates, professional
advisers and contractors in the development and management of real estate,
the construction of housing, including affordable and elderly housing, as
well as their respective financial positions. Such information may include
a list of all persons and organizations with which the applicant has been
associated in the development of real estate during the past 10 years, including
their addresses and the names of their principal officers, as well as all
sources of credit upon which the applicant relies to acquire, develop and
manage the development site. The applicant shall furnish copies of such transcripts,
records, letters of intent and contracts, as well as all other documentation
that the Planning Board may require to determine whether the applicant is
qualified to undertake and complete the development proposed and whether his
plan for financing the same is sound.
(3)
A map, to the scale of 1 inch equals 40 feet or other
as required by the Planning Board, of the development site and the community
surrounding the same to a distance of 1/2 mile showing all streets, Town-owned
property and zoning classifications.
(4)
A plan suitable for recording of the development site
showing all existing and proposed contours, lot lines, easements, rights-of-way,
roads, utilities, structures and improvements, parking areas, wetlands, land
to be included in the C (Conservation) or O (Open Space) Zones and any conservation
easements or other restrictions. Such plan or supplemental information submitted
therewith shall illustrate compliance with the applicable density requirements.
(5)
A plan or plans, to the scale required by the Planning
Board, showing the topography of the site at a minimum of five-foot intervals,
as well as vegetation and special features, including all woodlands, wetlands,
groups of trees or individual trees worthy of preservation, rock outcroppings,
significant slopes, trails and paths, flowing streams and drainageways, ponds,
open vistas, structures of historical importance and biological or wildlife
habitats and proposed conservation and recreation easement areas, together
with a proposal for the preservation of the foregoing.
(6)
Proposals for the disposition of sanitary waste and stormwater.
(7)
A model or plan illustrating landscaping and architectural
design showing types, location and layout of buildings and typical elevations,
as well as the general height, bulk and appearances of structures. Perspective
drawings may be required.
(8)
Information, including proposed interior plans, indicating
the number and type (affordable, elderly and/or market rate) of dwelling units
proposed, the number of bedrooms planned and the anticipated sale or rental
prices.
(9)
If the Special Permit provides for the construction of
multifamily condominium dwelling units, a master deed suitable for recording
by the applicant submitting to the provisions of MGL c. 183A, as well as a
copy of the bylaws to be adopted by the organization of unit owners, and a
description of such organization.
(10)
Copies of all proposed covenants, easements and other
restrictions which the applicant proposes to grant to the Town, the Conservation
Commission, utility companies, any condominium organization and the owners
thereof.
(11)
Copies of proposed deeds to affordable and elderly units, including provisions to ensure compliance with § 185-42B(5) hereof.
(13)
The Planning Board may require the completion of an environmental impact report as outlined in Chapter 248, Subdivision of Land, if the Board finds that there are environmental issues to be resolved in the approval process.
(14)
Any and all other information that the Planning Board may reasonably require, including such information and plans required under Chapter 248, Subdivision of Land as the Board shall designate, in a form acceptable to it to assist in determining whether the applicant's proposed development plan meets the objectives of § 185-42.
[1]
Editor's Note: Form MF-2 is on file in the office of the Planning
Board and may be examined there during regular office hours.
B.
If the final development plan requires approval under
the Subdivision Control Law, an application for approval under the Subdivision
Control Law and the application for a Special Permit hereunder shall be filed
concurrently. To the extent permitted by law, the Planning Board shall consider
both applications at the same time, but the applicant must demonstrate compliance
with all applicable requirements under the Subdivision Control Law, as well
as this chapter.
The applicant shall pay the fees as set forth in the Fee Schedule for
Multifamily Developments.[1] This consists of a filing fee and a deposit per dwelling unit
towards review fees for the proposed development.
A.
The Dover Planning Board has adopted the provisions of
MGL c. 593 which permit the Board to assess fees to engage consultants to
assist the Board in its review and administration of local permits and approvals.
The Board may engage engineering, traffic, legal and financial consultants
to review portions of an application for the development of multifamily housing.
The applicant shall be charged the actual cost of such consultants' efforts.
B.
All accrued charges shall be paid by the applicant within
10 days of notice from the Board. Nonpayment of required fees is cause for
denial of the Special Permit.
[1]
Editor's Note: Said fee schedule is included at the end of this chapter.
The Planning Board authority and jurisdiction shall be consistent with
MGL c. 40A, § 9. This chapter was duly adopted by the Dover Planning
Board at a Public Hearing held July 11, 1991. This chapter shall be controlling
and may be amended from time to time.
A.
The Dover Planning Board encourages architectural design
and placement of structures on the lot which respects the predominate character
of the existing development in the neighborhood.
B.
The Planning Board shall consult with the Dover Housing
Partnership Committee and shall consider the needs of the citizens of Dover
in evaluating the application for a Special Permit for a multifamily housing
development.
C.
The Planning Board shall consult with various Town boards and officials; including the Board of Selectmen, the Board of Health, the Dover Housing Partnership Committee, the Conservation Commission, the Superintendent of Streets, the Building Inspector and the Council on Aging, regarding an application for a multifamily housing development. Failure by any agency listed in § 185-42F(1) to submit a written recommendation to the Planning Board within 45 days of the certified filing date shall indicate approval by such agency. Further, it shall hold public hearings as required and open public meetings as necessary to ensure public comment on an application for multifamily housing.
The Planning Board shall require that the decision granting the Special
Permit, a plan showing the layout of the ways within the site, the location
of utilities and buildings on the site and the locations of any easements
or open land, and the instrument of the guaranty or surety of the development
shall be filed with the Norfolk Registry of Deeds. If the Board so requires,
evidence of filing must be presented to the Board. Failure to file may result
in the Board's amending its approval of the Special Permit. The applicant
shall further file a covenant with the decision that the affordable and elderly
units shall be maintained for such purposes for such period as the Planning
Board shall designate.
The applicant shall post a bond or otherwise provide surety in an amount
sufficient, in the opinion of the Planning Board, to assure completion of
utilities, road construction and/or improvements, landscaping, sidewalks and
other amenities as delineated by the Planning Board. Such surety may be reduced,
from time to time, upon request of the applicant and upon approval of the
Planning Board.
Any change in the number of dwelling units or in the mix of affordable, elderly and other units, and any change in the layout of streets, common driveways or utilities, the location of buildings or other structures or the use or ownership of the common land, or any change in any conditions of the Special Permit, other than those specifically exempted by the Planning Board from § 185-42H, shall require an amendment of the Special Permit by the Planning Board after a hearing in accordance with MGL c. 40A, § 9, and this chapter. Submission of 3 original Form MF-5's,[1] 15 copies of Form MF-5 and 15 copies of the revised plans shall
be submitted to the Planning Board for its consideration.
[1]
Editor's Note: Form MF-5 is on file in the office of the Planning
Board and may be examined there during regular office hours.
