[Amended 3-20-1974 ATM by Art. 40; 5-5-1993 ATM by Art. 22]
601.1.
In all instances specified in § 198-802, Table of Permitted Principal Uses by Districts, indicating site plan approval, structures in any district shall be constructed, reconstructed, altered, enlarged or used, and the premises shall be used, and substantial alteration to areas of parking, loading or vehicular access shall be approved, only in conformity with a site plan approved as required by this Article 6, except as listed in § 198-601.2 below. Except as listed in § 198-601.2 below, no change in use of an existing structure or lot shall be permitted and no area for parking, loading or vehicular access shall be established or substantially altered unless a site plan has been approved as required by this Article 6.
[Amended 5-4-1995 ATM by Art. 31; 5-5-1999 STM by Art. 9]
601.2.
The following thresholds and criteria shall determine the applicability of, and the exceptions to, the requirements of this Article 6:
601.2.1.
Site plan approval (SPA) shall not be required
for any proposal for single- family residential structures or uses
or structures or uses accessory thereto.
[Amended 4-30-2001 ATM by Art. 26]
601.2.3.
For the purpose of this Article 6, "change in use" shall mean any proposal to change from one use to a different use, and the calculation of gross floor area for such changes in use shall be determined by the Planning Board based on the aggregate of all such changes authorized since the original SPA or, if there is no SPA, since construction of the original structure. SPA shall be required for any improvement, alteration or change in use to any vacant lot, or vacant contiguous lots under the same ownership, that results in the erection or placement of any structure on said lot or lots or to any existing structure, or group of structures under the same ownership on the same or contiguous lots, that constitutes either a substantial alteration to areas of parking, loading or vehicular access (as defined in § 198-601.2.4 below) or that results in an increase in gross floor area as follows:
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If the gross floor area of original structure
or SPRA- authorized structure is:
(square feet)
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Then SPRA shall be required for
any increase greater than:
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|---|---|---|
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Less than 3,333
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30% of existing gross floor area
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3,333 to less than 5,000
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1,000 square feet
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5,000 to less than 7,500
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20% of existing gross floor area
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7,500 to less than 15,000
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1,500 square feet
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15,000 to less than 25,000
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10% of existing gross floor area
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25,000 to less than 50,000
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2,500 square feet
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50,000 to less than 80,000
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5% of existing gross floor area
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80,000 to less than 100,000
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4,000 square feet
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100,000 to less than 125,000
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4% of existing gross floor area
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125,000 or more
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5,000 square feet
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601.2.4.
For the purpose of this Article 6, "substantial alteration to areas of parking, loading or vehicular access" shall mean any proposal where all or part of such existing or proposed areas is located off the site of the primary use or structure; or where any resurfacing of such areas results in any change in the design of the septic or drainage systems on or for the site; or where any curb cut is relocated, added or otherwise changed; or where this Zoning Bylaw requires more parking than was required for the previous use; or where an increase in the area of such areas is required as follows:
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If the total square footage currently
required for such areas is:
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Then "substantial alteration"
shall mean any increase greater than:
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|---|---|---|
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Less than 15,000 square feet
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33.3% or 1,499 square feet, whichever is smaller
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15,000 square feet to less than 30,000 square
feet
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10% of the total of such areas
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30,000 square feet or more
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3,000 square feet
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601.3.
Prospective applicants for SPA shall either be exempt from application requirements, if the conditions of § 198-601.4 below are met, or file an application in accordance with § 198-601.5 below or file a form in accordance with § 198-601.6 below certifying that the proposal does not require SPA. All such filings shall contain a checklist for septic, drainage, zoning and wetlands impacts and implications, a copy of which shall be submitted to each of the ZBA, the Board of Health and the Conservation Commission.
601.4.
If a prospective applicant for SPA answers "Yes"
to either of the following questions at § 198-601.4.1 and
601.4.2 below, then no SPA application is required; if the answer
is "No" to both questions, then said applicant shall proceed to the
questions at § 198-601.5.1, 601.5.2 and 601.5.3. below.
601.4.1.
Will the proposal result solely in single- or
two-family residential or owner-occupied multifamily structures or
uses or structures or uses accessory thereto? (See § 198-601.2.1
above.)
601.5.
If a prospective applicant for SPA answers "Yes" to any of the following questions at § 198-601.5.1, 601.5.2 and 601.5.3 below, then the applicant shall file an SPA application as required by § 198-605.2, 605.3 and 605.4 below. Said application shall be obtained from the Planning Board or its agent. If a prospective applicant answers "No" to all of said questions, then said application is not required, and a form certifying that the proposal does not require SPA shall instead be submitted as required by § 198-601.6 below.
601.5.1.
Will the proposal add one or more structures
to a vacant site? (See § 198-601.2.3. above.)
601.5.2.
Will the proposal, together with all SPA-authorized
increases or, if there is no SPA, together with all increases since
the construction of the original structure, increase the size of existing
structures in total by the amount specified in the table in § 198-601.2.3
above?
601.5.3.
Will the proposal substantially alter areas
of parking, loading or vehicular access, as defined in § 198-601.2.4
above?
601.6.
Whenever any proposal is for a change in use
requiring no improvement, alteration or change to any external part
of any structure and to any area for parking, loading or vehicular
access, and whenever the proposal meets all of the exclusions, or
is below all of the minimum thresholds, defined in § 198-601.2.3
and 601.2.4 above, a blank form to certify that said proposal does
not require SPA shall be obtained from the Planning Board or its agent.
Said completed certification form shall be submitted in quadruplicate
to the Planning Board or its agent, who shall, within 10 calendar
days of its submission, notify, in writing, the person submitting
said certification whether SPA is required. Said person may proceed
at his/her risk with said proposal upon submitting said certification.
One copy of said certification shall forthwith be transmitted to each
of the Board of Health, the Building Commissioner/ZBA and the Conservation
Commission.
602.1.
SPA shall be a prerequisite to the issuance
of any special permit, permit and/or variance required by this Zoning
Bylaw, unless excepted from SPA by § 198-601.2.2 above.
602.2.
No person shall undertake any improvement or alteration, and no building permits shall be issued for any such proposal, until SPA, as certified by the Planning Board or its agent, has been issued for such proposal or until the completed certification form referenced in § 198-601.6 above has been received by the Building Commissioner.
[Amended 4-7-2011 ATM by Art. 21]
603.1.
The Planning Board shall administer SPA:
603.1.1.
Whenever this Zoning Bylaw does not also require
a special permit and/or variance; or
603.1.2.
Whenever this Zoning Bylaw also requires a special
permit from the Planning Board.
603.1.3.
Whenever there is an application for SPA for outdoor seating under
§ 198-1102.1.1.
[Added 5-15-2022 ATM by Art. 13]
603.2.
The ZBA shall administer SPA whenever this Zoning
Bylaw also requires a special permit and/or variance from the ZBA.
603.3.
Notwithstanding § 198-601.2, supra, any proposed nonprofit educational, agricultural, religious, or child care uses of land protected under MGL c. 40A, § 3 ("Section 3 uses") shall be subject to site plan review under Article 6, which shall be consistent with those statutory provisions. The purpose of this section is to ensure that all such uses and facilities are reasonably regulated in regards to bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage.
[Amended 4-2-2018 ATM
by Art. 32]
603.3.1.
In reviewing the site plan submittal for a Section 3 use, the
following issues shall be considered:
603.3.1.1.
The bulk and height of any proposed structures
and accessory structures, adequacy of open spaces, the building coverage
on the site, yard sizes (setbacks) and lot areas;
603.3.1.2.
The physical layout of the structures, driveways,
parking areas, utilities and other infrastructure; and
603.3.1.3.
The adequacy and arrangement of parking
and loading areas in relation to the proposed use of the site.
603.3.2.
Site plan review of a Section 3 use shall be by the Planning
Board ("Board"). Subject to the limitations of MGL c. 40A, § 3,
the Board shall impose any such conditions, limitations, and safeguards
as it deems appropriate to protect the interests of, and consistent
with, the planning objectives for the underlying zoning district.
604.1.
An applicant desiring approval of a site plan
shall obtain an application form and related materials from the Planning
Board or its agent. One original and 10 copies of the completed application
form, and one original and five copies of the plans and related materials,
shall be submitted to the Planning Board or its agent. Concurrently,
one copy of the completed application form shall be submitted by the
applicant to the Town Clerk, and a receipt therefor shall be submitted
with the Planning Board copy of the application form. Once the Planning
Board or its agent determines the SPA application submittal to be
completed, one copy of the application form shall be transmitted to
at least the following: the Planning Board consultant, ZBA, Building
Department, Board of Health, Conservation Commission, Highway Department,
Fire Department, Police Department, Water Department and Surveying
Department. A file copy of the plans and related materials shall remain
in the Planning Board office to serve as a common review copy. The
other copies shall be distributed as needed.
[Amended 5-5-1999 STM by Art. 11]
604.2.
Within three working days of the original application
submittal, or within three working days of any subsequent submittal
in response to a determination that any such submittal is incomplete,
the Planning Board or its agent shall review said submittal and inform
the applicant and the Town Clerk, in writing, whether said submittal
is determined to be complete. If said submittal is determined to be
incomplete, the applicant shall receive written notice from the Planning
Board or its agent listing the items or information needed to complete
said submittal. The submittal date shall be the date the application
submittal was received by the Town Clerk.
604.3.
Each board or department receiving the application form as required by § 198-604.1 above may, within 30 calendar days of the date of the complete application submittal, file with the Planning Board or its agent a written report recommending approval, approval with modifications or conditions or disapproval, stating its reasons therefor. Failure to respond within said 30 days shall be deemed lack of opposition to the application. The Planning Board shall hold a public hearing on said application after the expiration of said thirty-day review period.
604.4.
For SPA applications, or for applications for revisions or amendments to approved site plans proposing changes determined to be major as specified in § 198-608 below, the Planning Board shall make a decision on said application and file notice of said decision with the Town Clerk and send to the applicant, by certified mail, return receipt requested, a copy of said notice and the decision within 60 calendar days from the date of the submittal of the complete application, or said application shall be deemed approved.
604.5.
For applications for revisions or amendments to approved site plans proposing changes determined to be minor as specified in § 198-608 below, the final decision deadline shall be 45 days from the date of the complete application submittal. However, whenever SPA is part of any special permit, permit and/or variance application, the requirements of this Zoning Bylaw, and of this Article 6, relevant to special permits, permits and/or variances shall instead apply, except that the public hearing shall not be held sooner than 30 days after the date of the complete application submittal.
604.6.
Whenever the ZBA includes SPA as part of any special permit, permit and/or variance application, the Planning Board shall review the SPA application as required by this Article 6 and submit a written report with findings and recommendations to the ZBA. The Planning Board shall concurrently submit to the ZBA copies of reports received from other boards. All reports shall be submitted to the ZBA prior to the public hearing held by the ZBA, and the Planning Board shall not hold a public hearing. The ZBA shall notify the Planning Board of the date of said hearing as soon as said date is set.
604.7.
The ZBA, whenever it includes SPA as part of
any special permit, permit and/or variance application, shall give
due consideration in its decision to the findings and recommendations
of the Planning Board report. The decision of the ZBA may deviate
from said report, but the ZBA shall submit to the Planning Board written
justifications for each such deviation prior to the ZBA's decision
deadline.
604.8.
SPA shall lapse if implementation of the proposal
has not commenced within two years from the date of approval and has
not been completed within five years from the date of approval. An
extension of the time for said commencement may be granted for up
to six months, while extensions of the time for said completion may
be granted without limitation, both extensions to be granted by the
Planning Board.
604.9.
The applicant may agree, in writing, to extend any of the deadlines within this Article 6.
604.9.1.
Upon denial or issuance of any required building permits, any person aggrieved by a decision of the Building Commissioner may appeal the site plan decision of the Planning Board to the ZBA pursuant to MGL c. 40A, § 8. Any person aggrieved by a decision of the ZBA made as required by this Article 6 may appeal said decision pursuant to MGL c. 40A, § 17.
[Amended 5-4-1995 ATM by Art. 31]
605.2.
A prospective applicant may submit review copies
of preliminary site plans only (not including the application form)
to the Planning Board or its agent in quantities sufficient for distribution
to relevant boards and departments. Such plans shall not constitute
a formal application for site plan approval and need not be stamped
or certified by professionals.
605.3.
Plans shall be stamped or certified by an appropriate
registered professional, such as an architect, landscape architect,
land surveyor, engineer, etc., unless this requirement is specifically
waived by the Planning Board in accordance with the SPA regulations.
605.4.
A complete SPA application submittal shall include the information and requirements set forth in this Article 6 and in the regulations for SPA, which information and requirements shall include, but not be limited to, the following completed items:
605.4.1.
Regulatory requirements.
605.4.1.1.
A list (provided as part
of the blank application form) indicating required permits, approvals,
licenses, etc., relevant to SPA, including the name of the issuing
agency, and the relative timing of each.
605.4.2.
Requested waivers.
605.4.3.
Site plans.
605.4.3.1.
Site plans suitable for
recording or registration and showing existing and proposed descriptive
and physical features, such as lot lines, easements, rights-of-way
and other such features and matters on record at the Middlesex County
South District Registry of Deeds or its Land Registration Office;
natural land features (such as topographical data); man-made improvements
(surface and subsurface), including all structures, watercourses,
ponds, brooks, wetlands, floodplains, ditches and culverts; methods
of handling surface and subsurface drainage; and vehicular and pedestrian
ways.
605.4.4.
Water resources impacts.
605.4.4.1.
A description and analysis
of measures proposed to prevent pollution of surface water and groundwater,
erosion of soil, excessive runoff of precipitation, excessive raising
or lowering of the water table and flooding of other properties.
605.4.5.
Landscape impacts.
605.4.5.1.
A description and analysis,
with sketches as needed, of design features intended to integrate
the proposed new or altered buildings, structures, signs, plantings,
etc., into the existing landscape to preserve and enhance existing
aesthetic assets of the site and to screen objectionable features
from adjacent properties.
605.4.6.
Traffic impacts.
605.4.6.1.
A detailed traffic impact
study, including but not limited to the following:
605.4.6.1.1.
The projected number of
motor vehicle trips to enter or depart from the site shall be estimated
for an average day and for peak hours.
605.4.6.1.2.
The projected traffic
flow patterns for both vehicular and pedestrian traffic shall be described
and related to the site plan, including vehicular movements at intersections
likely to be affected by the proposed activity.
605.4.6.1.3.
The impact of this traffic
upon existing streets shall be evaluated in relation to road capacities.
605.4.7.
Waste disposal impacts.
605.4.7.1.
A description and analysis
of proposed waste disposal practices and their impacts and a description
and analysis of past waste disposal practices and their impacts, insofar
as said practices and impacts can be determined from reasonably available
historical sources.
606.1.
The Planning Board shall review the complete application submittal and determine whether said submittal is consistent with the standards and criteria in this § 198-606. If the Planning Board finds that said standards and criteria have been met, and if it does not make any of the findings set forth in § 198-607 below, it shall approve the submittal, with or without conditions.
606.2.
The following standards and criteria, specifically
defined for each zoning district, shall be included in the SPA regulations:
606.2.1.
The proposal shall be integrated into the existing
terrain and surrounding landscape. Proposals shall, to the extent
feasible:
606.2.1.1.
Minimize the use of wetlands,
steep slopes, floodplains and hilltops;
606.2.1.2.
Preserve natural or historic
features;
606.2.1.3.
Maximize retention of open
space;
606.2.1.4.
Preserve scenic views from
publicly accessible locations;
606.2.1.5.
Minimize tree, vegetation
and soil removal, blasting and grade changes; and
606.2.1.6.
Screen objectionable features
from adjacent properties and roadways.
606.2.2.
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 as required by the Board of Health.
606.2.3.
The proposal shall incorporate measures adequate
to prevent pollution of surface water or groundwater; to minimize
erosion and sedimentation; 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.
606.2.4.
To the extent feasible, the proposal shall minimize
demands placed on Town services and infrastructure.
606.2.5.
The proposal shall provide safe vehicular and
pedestrian movement within the site and to adjacent ways, including
sidewalks, crosswalks and the like.
606.2.6.
Design of buildings, structures and landscaping
shall be in harmony with the prevailing character and scale of said
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.
606.2.7.
To the extent practicable, electric, telephone,
cable television and other utilities on the site shall be placed underground.
606.2.8.
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.
606.2.9.
To the extent feasible, proposals shall be designed
to minimize shadows cast on adjacent properties in residential zoning
districts.
606.2.10.
There shall be no unreasonable glare from lighting,
whether direct or reflected, onto roads and other ways, into the night
sky or onto adjacent properties in residential zoning districts.
606.3.
When reviewing and acting on a site plan application for the principal
use of land or a building or structure for day care, educational,
nursery school or religious uses that are exempt from regulation under
MGL c. 40A, § 3, the Planning Board shall apply reasonable regulations
concerning the bulk and height of structures and determining yard
sizes, lot area, setbacks, open space, parking and building coverage
requirements as set forth in this Zoning Bylaw, except to the extent
that the applicant shows that the regulation is unreasonable and unrelated
to a legitimate municipal concern and will substantially detract or
diminish the applicant’s ability to conduct the exempt use.
[Added 4-7-2011 ATM by Art. 21; amended 4-2-2018 ATM by Art. 32]
607.1.
The Planning Board shall approve the complete application submittal in the form submitted, or with reasonable conditions, based upon the standards and criteria set forth in § 198-606 above, unless the Planning Board finds that:
608.1.
No revision or amendment to any approved site plan shall be made until application for such has been approved as required by this Article 6.
608.2.
Except when SPA has been included as part of a special permit, permit and/or variance, any application for revisions or amendments to approved site plans shall be submitted, in writing, to the Planning Board, which shall determine, in writing, whether the proposed revisions or amendments are minor. Revisions or amendments to said approved site plans proposing only changes that are internal to existing structures shall be determined to be minor. Whenever the Planning Board determines, in writing, that said proposed revisions or amendments are minor, do not significantly impact the public interest and are consistent with the purposes of this Zoning Bylaw, it may amend said approved site plan in accordance with the procedures set forth at § 198-604 above, except that a public hearing need not be held, and except that the final decision deadline shall be 45 days from the date of the complete application submittal.
608.3.
Whenever the Planning Board determines, in writing, that proposed revisions or amendments to approved site plans are major (that is, not minor as specified in § 198-608.2 above) or whenever said approved site plans have been included as part of any special permit,permit and/or variance, applications for said proposed revisions or amendments shall be submitted, in writing, to the Planning Board or ZBA, whichever was the issuing authority, and the requirements of this Zoning Bylaw and of this Article 6 relevant to special permits, permits and/or variances shall instead apply.
609.1.
The Planning Board shall adopt and publish, within 12 months of the effective date of this Article 6, and may periodically amend, SPA regulations that shall conform to the requirements of this Article 6 and that may define the scope and format of reports required hereunder.[1] Said regulations shall include a requirement for surety to secure the completion of all SPA-required improvements, exclusive of improvements on structures, in an amount and form determined by the Planning Board or its agent. Said regulations shall also include a provision that the Planning Board may waive strict compliance with said regulations only when, in the written judgment of the Planning Board, said waiver is in the public interest and is not inconsistent with this Zoning Bylaw, this Article 6 and said regulations.
609.2.
The adoption or amendment of said regulations
shall be after a public hearing, which shall be advertised two different
weeks in a newspaper of general local circulation, the first advertisement
to appear no less than seven calendar days prior to the date of the
hearing. Adoption or amendment of said regulations shall be by majority
vote of the Planning Board.
