A.
Applicant's Determination that Site Plan Review and
Approval Are/Are Not Applicable.
(1)
Within 10 days of the submittal of a complete Applicant's
Determination that Site Plan Review and Approval Are/Are Not Applicable
and a complete Planning Board Confirmation that Site Plan Review and
Approval Are Not Applicable, the Planning Board or its agent shall
notify the applicant, the Zoning Board of Appeals, the Building Commissioner,
the Board of Health and the Conservation Commission, in writing, whether
the requirements of site plan review and approval are applicable.
(2)
When it is determined that the requirements for site
plan review and approval do not apply to the proposed development,
the Planning Board shall execute a confirmation to that effect (Planning
Board Confirmation that Site Plan Review and Approval Are Not Applicable)
at its next regularly scheduled meeting. Such confirmation shall be
made by majority vote of the Planning Board.
(3)
When the Planning Board or its agent determines that
the requirements for site plan review and approval do apply, the notice
of said determination shall include the reasons why site plan review
and approval do apply.
B.
Application for site plan review and approval.
(1)
Within three work days of the submittal of a complete
Application for Site Plan Review and Approval, the Planning Board
or its agent shall transmit one copy of said complete form to the
Planning Board consultant, Zoning Board of Appeals, Board of Health,
Conservation Commission, Highway Department, Fire Department, Police
Department, Water Department and Town Surveyor. A file copy of the
plans and other required submittals shall remain in the office of
the Planning Board to serve as a common review copy. The Planning
Board may distribute other copies of plans and related materials as
necessary.
(2)
Each board or department receiving an Application
for Site Plan Review and Approval may, within 30 days of the date
of the submittal of the complete application, submit to the Planning
Board or its agent a written advisory report recommending approval,
approval with modifications or conditions or disapproval, stating
its reasons therefor. Failure to respond within 30 days shall be deemed
a lack of opposition to the application.
(3)
When the Planning Board approves site plans (see these regulations, § 302-6), it shall take final action on an Application for Site Plan Review and Approval in the following manner:
(a)
For site plan applications or for applications
for revisions or amendments to approved site plans determined to be
major, within 60 days from the date of submittal of the complete application.
(b)
For applications for revisions or amendments
to approved site plans determined to be minor, within 45 days from
the date of submittal of the complete application.
(4)
The Planning Board shall not hold its public hearing
on any application until 30 days from the date of the submittal of
the completed application.
(5)
When the Zoning Board of Appeals approves site plans (see these regulations, § 302-6), the Planning Board shall not hold a public hearing regarding the application. Instead, the Planning Board shall review the application and related materials and submit to the Zoning Board of Appeals, within 30 days of the date of the submittal of the complete application, a written advisory report recommending approval, approval with modifications or conditions or disapproval, stating its reasons therefor. Failure to respond within 30 days shall be deemed a lack of opposition to the application. The Planning Board shall include in said submittal copies of advisory reports received from other boards or officials. Said submittal shall be submitted prior to the public hearing held by the Zoning Board of Appeals. The Zoning Board of Appeals shall notify the Planning Board of the date of said hearing as soon as said date is set.
(6)
When the Zoning Board of Appeals approves site plans (see these regulations, § 302-6), it shall give due consideration in its decision to the findings and recommendations of the Planning Board advisory report. The decision of the Zoning Board of Appeals may deviate from said report, but the Zoning Board of Appeals, prior to its decision deadline, shall submit to the Planning Board written justification for each such deviation.
(7)
When the Zoning Board of Appeals approves site plans,
it shall take final action on said approval in accordance with the
requirements governing special permits, permits and/or variances.
C.
Extension of deadlines. The applicant may agree, in
writing, to extend any of the deadlines set forth in these regulations
(see Site Plan Review and Approval Agreement for Extension of Time).
Said agreement shall forthwith be filed at the Town Clerk's office.
A.
Standards and criteria. The Planning Board shall review
the complete application and determine whether said submittal is consistent
with the standards and criteria of the Zoning Bylaws, § 198-606.2.1
through 606.2.10, repeated herein as follows:
(1)
The proposal shall be integrated into the existing
terrain and surrounding landscape. Proposals shall, to the extent
feasible:
(a)
Minimize the use of wetlands, steep slopes,
floodplains and hilltops.
(b)
Preserve natural or historic features.
(c)
Maximize retention of open space.
(d)
Preserve scenic views from publicly accessible
locations.
(e)
Minimize tree, vegetation and soil removal,
blasting and grade changes.
(f)
Screen objectionable features from adjacent
properties and roadways.
(2)
The proposal shall include an adequate water supply
system and adequate sewage and other waste disposal systems. Where
sewage disposal systems are required, the applicant shall submit information
thereon as required by the Board of Health.
(3)
The proposal shall incorporate measures adequate to
prevent pollution of surface water or groundwater, to minimize erosion
and sedimentation and to prevent changes in groundwater levels and
increased rates of runoff and to minimize potential for flooding.
Drainage shall be designed to maximize groundwater recharge and to
prevent any increase in the rate and volume of runoff at the site's
perimeter.
(4)
To the extent feasible, the proposal shall minimize
demands placed on town services and infrastructure.
(5)
The proposal shall provide safe vehicular and pedestrian
movement within the site and to adjacent ways, including sidewalks,
crosswalks and the like.
(6)
Design of buildings, structures and landscaping shall
be in harmony with the prevailing character and scale of the buildings,
structures and landscaping of the zoning district of the site and
of adjacent properties. Such design shall include the use of appropriate
building materials, screening and similar architectural techniques.
(7)
To the extent practicable, electric, telephone, cable
television and other utilities on the site shall be placed underground.
(8)
Exposed storage areas, machinery, service areas, truck
loading areas, utility buildings and structures and similar unsightly
buildings, structures, uses and activities shall be set back and/or
screened to the extent feasible to protect adjacent properties from
objectionable features.
(9)
To the extent feasible, proposals shall be designed
to minimize shadows cast on adjacent properties in residential zoning
districts.
(10)
There shall be no unreasonable glare from lighting,
whether direct or reflected, onto roads and other ways, to the night
sky or onto adjacent properties in residential zoning districts.
B.
Form of decision.
(1)
When the Planning Board approves site plans (see these regulations, § 302-6), it shall approve, approve with modifications or conditions or disapprove the Application for Site Plan Review and Approval, stating its reasons therefor in writing.
(2)
The Planning Board may disapprove said application
where:
(a)
The submittal is incomplete;
(b)
The imposition of reasonable conditions likely would not ensure that the proposal would conform to the standards and criteria of the Zoning Bylaws, Article 6, or
(c)
The proposal does not comply with the Zoning
Bylaws. However, the Planning Board may waive this requirement where
such noncompliance is permitted by the Zoning Board of Appeals pursuant
to MGL c. 40A and the Zoning Bylaws.
(3)
When the Zoning Board of Appeals approves site plans (see these regulations, § 302-6), the Planning Board shall review the Application for Site Plan Review and Approval and, prior to the public hearing to be held by the Zoning Board of Appeals, submit said review in the form of a written advisory report with recommendations to the Zoning Board of Appeals.
C.
Lapse of decision.
(1)
Site plan review and approval shall lapse if building
permits for development of the proposal, where required, have not
been issued within two years from the date that the site plan review
and approval decision is filed at the Town Clerk's office or if the
development has otherwise not substantially commenced within the same
period. Alternatively, site plan review and approval shall lapse if
development has not been completed within five years from said date.
(2)
Where certificates of occupancy or use are required
for the development, the failure to obtain said certificates shall
be conclusive evidence that the development is incomplete.
(3)
Written extensions for the time to commence development
may be granted by the Planning Board, but the total of said extensions
shall not exceed two years, and extensions shall be granted only for
good cause and upon written request. Written extensions for the time
to complete development may be granted without limitation, but each
such extension shall be for a period of time specified by the Planning
Board and only upon written request.
D.
Appeal of decision. Upon denial or issuance of any
required building permits, any person aggrieved by a decision of the
Building Commissioner may appeal the site plan review and approval
decision of the Planning Board to the Zoning Board of Appeals pursuant
to MGL c. 40A, §§ 8 and 15. Site plan review and approval
decisions issued by the Zoning Board of Appeals may be appealed to
the Superior Court pursuant to MGL c. 40A, § 17.
A.
Further approval required for revisions or amendments.
No revision or amendment to any approved site plan shall be made or
implemented until application for such has been submitted to and reviewed
and approved by the Planning Board or Zoning Board of Appeals, as
required and specified herein.
B.
Determination of minor/major status of revisions or
amendments.
(1)
When the Planning Board initially or previously approved
any site plan, any revisions or amendments to said site plan shall
be proposed in writing to the Planning Board, which shall determine
within 10 days of receipt of said proposal whether such revisions
or amendments are minor. In order to facilitate review, the applicant
shall depict the proposed changes to the internal space of the existing
structure in a suitable form.
(2)
After determining that said revisions or amendments
are minor and that the proposed changes are consistent with the purposes
of the Zoning Bylaws, the Planning Board shall, within 45 days from
the complete submittal date, take final action on said application.
The Planning Board need not hold a public hearing for revisions or
amendments deemed to be minor.
(3)
When the Planning Board determines that said revisions or amendments to approved site plans are major and that the proposed changes are consistent with the purposes of the Zoning Bylaws, the Planning Board shall proceed in accordance with the requirements of the Zoning Bylaws, Article 6, and these regulations.
C.
Revisions or amendments when the Zoning Board of Appeals
approves site plans.
(1)
When the Zoning Board of Appeals initially or previously
approved any site plan, no revision or amendment to said site plan
shall be made or implemented until the Planning Board has submitted
a written advisory report with recommendations thereon to the Zoning
Board of Appeals and until application for such has been submitted
to and approved by the Zoning Board of Appeals.
(2)
When the Zoning Board of Appeals initially or previously
approved any site plan, any revisions or amendments to said site plan
shall be administered by said Board in accordance with the requirements
governing special permits, permits and/or variances.
