The Dover Planning Board has adopted this chapter with the following
objectives:
A. To provide clear guidelines to facilitate the submission of applications pursuant to §
185-42 of Chapter
185, Zoning.
B. To provide for the orderly administration of proposed
multifamily development applications.
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.
(2) The Planning Board may also require the installation of hydrants upon the recommendation of the Fire Chief. The criteria for hydrants specified Chapter
248, Subdivision of Land, shall be met, unless the Board specifies other standards.
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).
The applicant shall pay the fees as set forth in the Fee Schedule for
Multifamily Developments. 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.
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.
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, 15 copies of Form MF-5 and 15 copies of the revised plans shall
be submitted to the Planning Board for its consideration.