The rules contained in this article govern procedures
to be followed in connection with applications for the grant of comprehensive
permits governed by MGL c. 40B, §§ 20 to 23. These
rules shall be implemented in conformity with the regulations of the
Housing Appeals Committee (760 CMR 30.00 and 31.00), and with the
Guidelines for Local Review of Comprehensive Permits, published by
the Executive Office of Communities and Development.
When used herein the term "local official" means
the Housing Partnership, Planning Board, Board of Health, Select Board,
Conservation Commission, Sewer District Commission, Department of
Public Works, Historical Commission, Fire Department, Police Department,
School Committee, Building Inspector or other local official or board.
Applications for a comprehensive permit shall be made on a form approved by the Board, and shall be filed, together with 10 additional copies of the application (10 sets) with the Town Clerk, together with the applicable filing fee, publication and administrative fees and certified abutter lists as set forth in Article II. The application and each copy shall have annexed thereto the following plans, reports and information, which shall be arranged in sections in the order herein specified:
A.
Preliminary site development plans showing the locations
and outlines of proposed buildings; the proposed locations, dimensions
and materials specifications for streets, drives, parking areas, walks
and paved areas; proposed landscaping improvements, open space and
recreational areas proposed; locations of septic systems and appurtenant
structures; zoning districts and boundaries; wetlands and water bodies,
including intermittent creeks, streams and drainage swales and detention
areas.
B.
A report describing existing site conditions as well
as a report of existing site conditions in the surrounding areas containing
as a minimum:
C.
Preliminary architectural drawings, drawn to scale, signed by a registered architect, containing at least the following information as to each proposed building: typical floor plans; typical elevations and sections; construction type; exterior finish. The matters required in Subsections A and B may be combined in any plans submitted, provided that existing and proposed conditions are clearly distinguished. All plans proposing five or more housing units shall be prepared on plans which are stamped by a registered professional engineer and/or registered architect.
D.
A tabulation of proposed buildings by type, size,
number of bedrooms, floor area and ground coverage, percentage of
lot coverage by structures and paved/parking areas, and percentage
of unoccupied open space.
E.
If the land is proposed to be subdivided, a preliminary
plan of subdivision in conformity with the requirements of the rules
and regulations of the Lancaster Planning Board as to the contents
thereof.
F.
A utilities plan showing the proposed location and
types of proposed sewage treatment facilities, services for domestic
water supply and fire protection water supply (including location
of hydrants), proposed structures and facilities for surface drainage
and stormwater runoff.
G.
Documents evidencing that the applicant meets the
jurisdictional requirements of 760 CMR 31.01 sufficient to establish:
(1)
That applicant is a public agency, a nonprofit organization
or a limited dividend organization;
(2)
That the project is eligible for funding under a low-
and moderate-income housing program (site approval letter from a qualifying
subsidizing agency); and
(3)
Evidence that applicant has interest in and control
over the site.
H.
A complete list of requested exceptions to local codes,
bylaws and regulations containing a specific reference to each code,
bylaw or regulation section which the applicant seeks to have the
Board grant exception from. General statements or plan references
will not be sufficient. In addition, the list of requested exceptions
should refer the Board to applicable locations on the plans where
local regulations will not be adhered to. For purposes of this section,
"local codes, bylaws or regulations" shall include but not be limited
to the Lancaster Zoning Bylaw, the Subdivision Control Regulations,
Board of Health Regulations and the General Bylaws of Lancaster.[1]
I.
A copy of the most recent deed and plan of record
of the site and all documents demonstrating applicant's interest in
the site. If the site is subject to any options to purchase, a complete
copy of said agreement shall be provided.
J.
Evidence of local need for the type and number of
housing units proposed by the applicant.
K.
Other documents which the applicant may wish the Board
to consider in support of its application either with the above or
at the public hearing, such as traffic counts and circulation plans
and studies; drainage and hydrological studies detailing methods proposed
to mitigate and decrease off-site, adverse drainage impacts; proposed
signage plans and details; landscaping plans; subsurface test data,
geological data and studies; percolation data; housing preference
to be afforded to local residents; management plans describing proposed
maintenance of community facilities and common areas, including memberships;
methods proposed to insure completion of roads and improvements including
surety and bonding; mechanisms proposed to ensure the continued affordability
of housing units; construction timetables and sequences; all state
and local permits, approvals and fee schedules which the applicant
will not seek exceptions from and which will be required to complete
the development.
Within seven days after filing of the application,
the Board shall notify each local official of the application, shall
send such official a copy of the complete application and attachments
thereto upon request and shall request said officials to review and
comment upon the plans and shall invite the participation and comment
of the local officials at the public hearing.
The Board shall hold a public hearing on the
application within 30 days of its receipt and shall render a decision
based upon a majority vote of the Board within 40 days after termination
of the public hearing, unless such time is extended by written agreement
between the applicant and the Board. The hearing shall be conducted
in the same manner and subject to the same rules applicable to other
applications, petitions and appeals before the Board, including the
employment of consultants and assessment to applicant of review fees.
In acting upon an application, the Board may:
A.
Grant a comprehensive permit upon the terms and conditions
contained in the application;
B.
Deny a comprehensive permit on the grounds that such
permit is not consistent with local needs;
C.
Approve a comprehensive permit upon such terms and
conditions that shall make the grant of the permit consistent with
local needs and that shall not make the proposed construction or operation
of the housing units uneconomic.
Any party aggrieved by the Board's action upon
an application for a comprehensive permit may appeal to the appropriate
court or agency as set forth in MGL c. 40B, § 22.
