The purpose of site plan review is to ensure that new development
is designed in a manner that protects the health, safety, convenience
and general welfare of residents of the Town by ensuring that the
proposed development of specific sites complies with all applicable
bylaws and regulations, fulfills any applicable site design guidance
provided by the South Hadley Master Plan and applicable design guidelines
adopted by the Planning Board, preserves or enhances the unique character
and visual qualities of the Town, including, where appropriate, historic
character, rural character, natural areas, environmental and natural
resources, and scenic vistas, and promotes sustainable design and
development that supports long-term economic vitality and ecological
integrity.
A.
Projects requiring site plan review:
(1)
The construction or exterior expansion of commercial structures;
(2)
The construction or exterior expansion of industrial structures;
(3)
The expansion of any parking lot by 10 or more parking spaces
or conversion of any use resulting in the addition of 10 or more required
parking spaces;
(4)
The construction or exterior expansion of any educational institution
or religious institution;
(5)
Any other use specified in the Use Regulations Schedule included as an attachment to this chapter which indicates that site plan review is required, unless the use is locating in an existing structure and no additions to the structure are to be undertaken and the Town Planner determines no additional parking will be required to conform to the parking requirements outlined in Article VIII of the Zoning Bylaw (§ 255-86). Where a use is allowed with only site plan review and no special permit is required, the use shall be approved if it satisfies the criteria in this Article XII.
B.
No special permit or building permit shall be applied for or issued
for any of the above uses unless a site plan has been endorsed by
the Planning Board, after consultation with other boards, including
but not limited to the following: Building Commissioner, Board of
Health, Electric Light Department, Water Department, Conservation
Commission, DPW Superintendent, Fire Department, Tree Warden and Police
Department.
C.
Site plan review for any use exempt from zoning under MGL c. 40A
is for the purpose of ensuring compliance with reasonable regulations
as related to parking, open spaces, building height, and building
setbacks requirements as provided for in MGL c. 40A.
D.
Waiver permitted. The Planning Board may waive any and all requirements
of site plan review/approval for the following:
(1)
New construction under 1,000 square feet; and
(2)
Exterior expansions, provided that the expansion is less than
25% of the existing floor area of the structure. Where the structure
is part of a complex consisting of multiple buildings functioning
as a single facility, the sum of the total square footage of all structures
comprising the complex may be used to determine the threshold for
such a waiver.
Each application for site plan review shall be submitted to
the Planning Board on the appropriate form. The Planning Board shall
adopt rules and regulations setting forth the application requirements.
As part of the Planning Board's fee schedule, the Board shall require
an application fee with each submission sufficient to cover any expenses
connected with the public hearing and review of plans. A special municipal
account under MGL c. 44, § 53G may be required as determined
by the Planning Board.
A.
The Planning Board shall adopt rules and regulations setting forth
the application processing procedures. These procedures shall provide
for a reasonable and timely review of the application, including advertising,
notice and holding of a public hearing within 65 days of the receipt
of an application and a final decision within 90 days following the
public hearing.
B.
The Planning Board may make provisions in its rules and regulations for "minor site plan review" for projects which would not qualify for a waiver under § 255-145 of this Zoning Bylaw. Such provisions shall allow approval of minor site plan review projects without holding a public hearing, provided the Board makes findings that the project conforms to the site plan review criteria within this Zoning Bylaw.
C.
If the proposed development requires a special permit, then the requirements
of MGL c. 40A, § 9 take precedence over this section, and
any required public hearing for site plan review shall be held jointly
with the special permit public hearing.
D.
For the purpose of securing the performance of all proposed work,
including landscaping and off-site improvements, the Board may, in
its sole discretion, require any of the following: a performance bond,
deposit of money, bank passbook, or letter of credit in an amount
determined by the Board to be sufficient to cover the cost of all
or any part of improvements required.
[1]
Editor's Note: See Appendix B, Planning Board Rules and Regulations for Site Plan Review, included as an attachment to this chapter.
A.
The Planning Board shall review the site plan and supporting data, taking into consideration whether the proposed site plan reasonably fulfills the following objectives (As used in this § 255-148, the word "shall" is mandatory and the words "should" and "may" are recommended but optional.):
(1)
Compliance with all requirements of this bylaw, all other applicable
regulations and bylaws, and consistency with the South Hadley Master
Plan.
(2)
Integration of the site into the existing terrain, surrounding
landscape and built environment so as to minimize disruptions to natural
processes, existing land forms, architectural character, and significant
vistas.
(3)
Site design that, to the extent feasible:
(a)
Avoids wetlands, wetland buffers, rivers, river resource areas,
vernal pools, sensitive habitats, steep slopes, floodplains, and hilltops;
(b)
Minimizes obstruction of scenic views from publicly accessible
locations;
(c)
Preserves unique natural, scenic, cultural, or historical features;
(d)
Minimizes tree, vegetation and soil removal and grade changes;
(e)
Provides open space with a scale and character that is appropriate
to the surrounding area; and
(f)
Screens objectionable features from neighboring properties and
roadways.
(4)
If the proposal requires a special permit, it must also conform to the special permit requirements in Article IX of this bylaw.
(5)
Structures shall be compatible with the character and scale
of structures in the neighborhood and zoning district.
(a)
Proposed structures shall be compatible in character and scale
through the use of appropriate massing, roof and wall lines, facade
proportions and detailing, fenestration, ornamentation, and other
architectural techniques.
(b)
A proposed building or buildings shall relate harmoniously to
neighboring buildings and each other with adequate light, and air
circulation and separation between buildings.
(c)
Where appropriate, buildings shall be arranged so as to define
outdoor spaces, including streets and plazas.
(d)
The Planning Board may consider whether the location, size,
and style of entrances are compatible with the neighborhood's character.
(e)
Buildings shall be designed to avoid large expanses of undifferentiated
facades, and long, plain wall sections.
(f)
The Planning Board shall consider whether fenestration is consistent
with the neighborhood's and/or Town's character. The Planning Board
may consider window type (double-hung, casement, etc.), alignment,
proportions, percent of glazing, and proportion to facade, but may
not regulate building materials.
(g)
Electrical and mechanical equipment (whether rooftop, ground
level, or wall-mounted) shall be screened from public view using materials
harmonious with the building or shall be located where they are not
visible from any public way.
(h)
Applicants are encouraged to locate and design buildings such
that they maximize solar access during cooler months and control solar
gain during warmer months.
(6)
Landscaping shall be an integral part of the proposed site design,
and shall enhance the design and arrangement of structures, define
usable public and private outdoor spaces, integrate the site into
the surrounding landscape, as appropriate, and provide buffering from
objectionable or noxious elements both within the site between the
site and the surrounding area.
(a)
Landscape plantings and other landscape elements shall be encouraged
to create pedestrian-scale spaces and to maintain landscape continuity
within the community.
(b)
The need for irrigation, fertilization, and/or use of pesticides
should be minimized through the selection of vegetation that thrives
under the site's proposed conditions, including temperature, light,
moisture, air circulation, soil type and quality, and stress from
salt.
(c)
The preservation of mature plant species, hedgerows, and woodlots
shall be encouraged and included as a design element in the development
of the site and to serve as natural buffer.
(d)
Landscape buffers shall be provided between parking lots and
public streets and between uses that may be incompatible, such as
large-scale commercial uses and residences. Such buffers may include
planted trees and shrubs, hedgerows, berms, existing forestland, or
forest created through natural succession. The width of such buffer
areas will depend upon the topography, scale of the uses, and their
location on the property and nature of buffer composition, unless
this bylaw indicates that specific widths are required for a particular
situation. Where excessive noise contributes to the incompatibility,
sound barrier fencing may be required.
(e)
Screening shall be required for loading docks, storage areas,
dumpsters, utility buildings and similar features. Screening may include
planted trees and shrubs, hedgerows, berms, existing vegetation, and
fences.
(f)
The Planning Board may require that shade trees at least six
feet tall and two-inch caliper be planted and maintained at twenty-
to forty-foot intervals along roads, at a setback distance acceptable
to the Highway Superintendent.
(g)
The Planning Board may require that at least 30% of a new parking
area be shaded by tree and vegetation canopies upon their full growth.
(h)
Where appropriate, planting areas should be designed to capture,
use and infiltrate stormwater runoff.
(7)
Site designs shall provide for the convenience and safety of
vehicular, bicycle, and pedestrian movement within the site and should
provide connections, wherever feasible and appropriate, to adjoining
public ways and properties.
(a)
The Planning Board shall encourage vehicular and pedestrian
connections between adjacent sites, streets, bikepaths, and walkways
to facilitate pedestrian use and to minimize traffic entering existing
roads.
(b)
Where appropriate, the Planning Board may require bicycle parking
spaces and racks in an area that does not conflict with vehicle circulation
or parking.
(c)
Curb cuts shall be minimized to the extent practical. Sites
should be limited to one curb cut, unless safe and effective traffic
management requires multiple curb cuts or unusual hardship exists.
Curb cuts shall be located so as to minimize hazardous entrances and
exits and turning movements.
(d)
The project, including any road and intersection improvements,
shall not decrease the level of service (LOS) of adjacent roads or
intersections below the existing conditions when the project is proposed.
The Planning Board may consider the incremental nature of development
and cumulative impacts on the LOS. This requirement to maintain LOS
shall not apply to development within the South Hadley Falls Overlay
District. The project proponent must demonstrate that all cumulative
and incremental traffic impacts have been mitigated.
(8)
The site design shall provide for adequate measures to prevent
pollution of surface or ground water, to minimize erosion and sedimentation,
and to prevent changes in ground water levels, increased run-off and
potential for flooding.
(9)
The site design shall minimize and/or mitigate adverse impacts
on the Town's services and infrastructure.
(10)
The site design shall minimize intrusion of light into adjacent
properties and shall minimize excessive night-sky lighting while ensuring
adequate light for safe use of the property.
(11)
The site design shall place electric, telephone, cable TV, and
other utilities underground where physically and environmentally feasible.
(12)
Drainage of the site shall recharge ground water to the extent
practical. The peak rate of surface water flowing off-site shall not
increase above predevelopment conditions and shall not adversely affect
drainage on adjacent properties or public roads or increase turbidity
of water flowing off-site.
(13)
In order to create more walkable and pedestrian-friendly developments,
minimum frontage occupancy requirements apply in certain locations
to create a sense of enclosure in the streetscape. As used herein,
"frontage occupancy" means the percentage of the lot width at the
front of the building that must be occupied by the facade of a building.
(a)
Minimum frontage occupancy requirements apply to the following use categories as shown on the Use Table included as an attachment to this chapter:
(b)
A minimum frontage occupancy of 80% is required in the South
Hadley Falls area along Main Street from Carew Street to Pleasant
Street and along Bridge Street from one parcel Main Street to Lamb
Street.
(c)
A minimum frontage occupancy of 50% is required along Route
116, from Boynton Street to Camden Street and along Route 33 from
Route 202 to the Chicopee Town Line.
(d)
A minimum frontage occupancy of 50% is required along Route
116 from Camden Street to Route 202 and along Route 202 (Granby Road)
from Easy Street to East Street.
B.
Before approval of a site plan, the Planning Board may require that
the applicant make modifications in the proposed design of the project
to ensure that the above objectives are fulfilled.
A.
Except in the case of a minor site plan application which is governed by § 255-147B above, the Planning Board shall render a decision within 90 days of the public hearing and shall file its written decision with the Town Clerk's office.
B.
The Planning Board's decision shall consist of either:
C.
The Planning Board's decision shall be mailed to the applicant and
filed with the Town Clerk. A copy shall also be sent to the Building
Commissioner.
A.
Violations of the approved site plan or any conditions of approval shall be subject to the provisions of § 255-141 of the Zoning Bylaw.
B.
Site plan approval issued under this article shall lapse at the end
of one year after approval if work has not commenced, except where
an extension of time for good cause has been granted by the Planning
Board.
If an aggrieved person wishes to appeal the decision of the
Planning Board, the procedures in MGL c. 40A, § 17 shall
apply.