The purpose of site plan review is to further the purpose of
this ordinance by providing for the review of development plans for
uses and structures which may have significant impacts on the health,
safety, welfare, community values, traffic, local economy, environmental
quality or municipal and public services and utilities.
As used in this article, the following terms shall have the
meanings indicated:
An increase in volume or a change in the footprint of a structure.
[Amended 7-19-2021]
With the exceptions noted in the following paragraph, no building
permit or DPW curb cut permit shall be issued for any of the following
uses: 1) the construction, exterior alteration or change in use of
any commercial, industrial structure; or 2) the construction, exterior
alteration or change in use of any residential structure, excluding
single- and two-family structures; or 3) the construction, exterior
alteration or change in use of any other use specified in the Use
Table[1] which is not included in 1) or 2) above; or 4) enlargement
of parking areas or alterations to curb cuts for any of the uses specified
in 1) through 3) above, inclusive; unless a site plan has been endorsed
by the Planning Board, after consultation with other boards and departments,
including but not limited to the following: Building Inspector, Board
of Health, Department of Public Works, Conservation Commission, Fire
Department, and Police Department. The Planning Board may waive any
and all requirements of site plan review for exterior alterations
of less than 25% of the ground floor area of an existing structure.
The use of land or structures for agricultural or religious
purposes or for educational purposes on land owned or leased by the
commonwealth or any of its agencies, subdivisions or bodies politic
or by a religious sect or denomination, or by a nonprofit educational
corporation, shall be exempt from site plan review. The change of
use of an existing commercial or industrial structure, where no exterior
alteration is proposed and where the applicable off-street parking
requirements set forth in Table 9-1 have been met, shall be exempt
from site plan review. Exclusively for the purposes of determining
exemption from site plan review, changes to the building façade
which do not result in an increase to the gross floor area of the
building shall not be considered an exterior alteration. Exemption
from site plan review shall not constitute a waiver of any other applicable
zoning requirements.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
A.
Each application for site plan review shall be submitted to the Planning
Board by the current owner of record accompanied by 10 copies of the
site plan.
A.
All site plans, except those for three- and four-family structures,
shall be prepared by a registered architect, landscape architect,
or professional engineer. Site plans related to three- and four-family
structures shall be prepared in accordance with the State Building
Code. All site plans shall be on standard 24-inch by 36-inch sheets
and shall be at a sufficient scale, but no greater than one inch equals
40 feet, to show:
(1)
Name of project, locus map, property boundaries, date and scale
of plan, abutters' names, zoning districts and size of property;
(2)
Existing and proposed rights-of-way and easements within and
abutting the property;
(3)
Existing and proposed structures, including dimensions and elevations;
(4)
Location of existing and proposed utilities, including but not
limited to water, sewer, storm drainage, gas, electric, cable TV and
electric lines;
(5)
Existing and proposed topography, including location and volume
of cuts and fills greater than 100 cubic yards;
(6)
Location of wetland resource areas subject to MGL c. 131, § 40
(Wetlands Protection Act);
(7)
Existing and proposed landscaping, including public shade trees
as defined in MGL Chapter 87, Shade Trees;
(8)
Soil erosion prevention;
(9)
Existing and proposed lighting;
(10)
Existing and proposed signage;
(11)
Existing and proposed parking;
(12)
Location of loading/service areas, waste disposal area;
(13)
Appurtenant structures, including but not limited to electrical
transformers, pumping stations, and air-conditioning units.
B.
The Planning Board may waive any information requirement it judges
to be unnecessary to the review of a particular plan.
A.
The Planning Board shall distribute a copy of the application to
all relevant Town boards, departments and commissions within two working
days of receipt of the complete application.
B.
Relevant Town entities shall review the application and must submit
their written comments and recommendations to the Planning Board within
10 days of receipt of the application. Failure to respond within 10
days shall be deemed approval of the application as submitted.
C.
The Planning Board shall hold a public hearing upon submission of
a completed application. Notice of public hearing shall be published
in a newspaper of general circulation not less than five days prior
to the day of the hearing. Notice shall also be filed with the Clerk's
office, posted in the Municipal Office Building and mailed to all
abutters as defined in MGL c. 40A.
D.
The Board shall issue a decision within 30 days of submission of
the complete application. Copies of the decisions shall be sent to
the applicant and filed with the Town Clerk's and Building Inspector's
offices.
E.
If the proposed development requires a public hearing as required under MGL c. 131, § 40 or MGL Chapter 87, the required information must be submitted to the appropriate reviewing agency at the time of application submission as required by this article and Article XIV in order to facilitate concurrent review.
A.
The following criteria shall be considered by the aforementioned
boards in the review and evaluation of a site plan, consistent with
a reasonable use of the site for the purposes permitted or permissible
by the regulations of the district in which it is located:
(1)
The development shall be integrated into the existing terrain
and surrounding landscape, and shall be designed to protect abutting
properties and community amenities. Building sites shall, to the extent
feasible:
(a)
Minimize use of wetlands, slopes greater than 15%, floodplains
and hilltops;
(b)
Minimize obstruction of scenic views from publicly accessible
locations;
(c)
Preserve unique natural or historical features by incorporating
said features into the project design;
(d)
Minimize tree, vegetation and soil removal and grade changes
by integrating the proposed development into the existing terrain;
(e)
Screen objectionable features such as heat pumps, air conditioners,
dumpsters and similar equipment from neighboring properties and roadways
through the use of landscaping and earthen berms; and
(f)
Maintain existing public shade trees by locating proposed utilities
and accessways between existing public shade trees.
(2)
The development shall be served with adequate water supply and
waste disposal systems. The development shall not place excessive
demands on Town services and infrastructure. For structures to be
served by on-site waste disposal systems, the applicant shall submit
a septic system design prepared by a certified engineer and approved
by the Board of Health in accordance with Title V.
(3)
Vehicle and pedestrian traffic.
(a)
The plan shall maximize the convenience and safety of vehicular
and pedestrian movement within the site and in relation to adjacent
ways. For projects requiring the construction of a new multifamily,
business or industrial structure of 10,000 square feet or more of
gross floor area, or the expansion or change in use of any multifamily,
business or industrial structure of 10,000 square feet or more in
gross floor area, or for uses with a trip generation rate over 700
vehicles/day (based on Institute of Transportation Engineers rates
found in Trip Generation), the applicant shall be required to submit
a detailed traffic study conducted by an independent transportation
engineer selected by the Planning Board containing:
[1]
The projected number of motor vehicle trips to
enter or leave the site, estimated for daily and peak-hour traffic
levels.
[2]
The projected traffic flow pattern, including vehicular
movements at all major intersection likely to be affected by the proposed
use of the site.
[3]
Traffic flow patterns at the site, including entrances
and egresses, loading and unloading areas, and curb cuts on site and
within 100 feet of the site.
[4]
A detailed assessment of the traffic safety impacts
of the proposed project or use on the carrying capacity of any adjacent
highway or road, including the projected number of motor vehicle trips
to enter or depart from the site estimated for daily hour and peak-hour
traffic levels, road capacities, and impacts on intersections. Existing
daily and peak-hour traffic levels and road capacities shall also
be given.
[5]
A plan to minimize traffic and safety impacts through
such means as physical design and layout concepts, staggered employee
work schedules, promoting use of public transit or carpooling, or
other appropriate means.
[6]
An internal traffic and pedestrian circulation
plan designed to minimize conflicts and safety problems.
[7]
Adequate pedestrian and bicycle access provided
by supplying access to adjacent properties and between individual
businesses within a development.
[8]
Specific mitigating measures which alleviate impacts
to the adjacent roadway network.
[9]
A five-year forecast roadway capacity analysis
with a discussion of the primary differences between development of
the project (a "Build" alternative) and the alternative of not carrying
out the project ("No build' alternative).
(b)
The applicant shall be responsible for all costs associated
with the traffic analysis. The applicant shall also be responsible
for posting a monetary performance bond in a form and amount, approved
by the Planning Board, sufficient to guarantee all transportation
improvements as required by the Board.
(4)
The site plan shall show adequate measures to prevent pollution
of surface water or groundwater, to minimize erosion and sedimentation,
and to prevent changes in groundwater levels, increased run-off and
potential for flooding. Drainage shall be designed so that off-site
run-off shall not be increased, groundwater recharge is maximized,
and neighboring properties will not be adversely affected. Increased
runoff from impervious surfaces shall be recharged on site by being
diverted to vegetated surfaces for infiltration or through the use
of detention ponds. No drainage shall be allowed to enter a public
or private right-of-way used or maintained for pedestrian or vehicular
access during construction and after completion of development. Erosion
of soil and sedimentation of streams, water bodies and ways shall
be minimized by using the following erosion control practices:
(a)
Exposed or disturbed areas due to stripping of vegetation, soil
removal, and regrading shall be permanently stabilized within three
months of occupancy of a structure.
(b)
During construction, temporary vegetation and/or mulching shall
be used to protect exposed areas from erosion. Until a disturbed area
is permanently stabilized, sediment in runoff water shall be trapped
by using staked hay bales or sedimentation traps in accordance with
Soil Conservation Service[1] standards.
[1]
Editor's Note: Now the Natural Resources Conservation Service.
(d)
All slopes exceeding 15% resulting from site grading shall be
either covered with four inches of topsoil and planted with a vegetative
cover sufficient to prevent erosion or be stabilized by a retaining
wall.
(e)
Dust control shall be used during grading operations if the
grading is to occur within 200 feet of a residential use or place
of business. Dust control methods may consist of grading fine soils
on calm days only or dampening the ground with water.
(5)
Electric, telephone, cable TV, and other such utilities and
services shall be placed underground where physically and environmentally
feasible.
(6)
Exposed storage areas, machinery, service areas, truck loading
areas, utility building and structures, dumpsters and other unsightly
uses shall be set back and screened to protect abutting properties
from objectionable features.
(7)
The site plan shall comply with all zoning requirements for
the district in which it is located.
(8)
Lighting of the site shall be adequate at ground level for the
protection and safety of the public in regard to pedestrian and vehicular
circulation. The glare from the installation of outdoor lights and
illuminated signs shall be contained on the property and shall be
shielded from abutting properties. Lighting structures shall be integrated
with the site and surrounding uses.
(9)
All signs shall conform to the regulations outlined in this
ordinance.
(10)
Parking shall conform to all requirements of this ordinance.
(11)
Landscaping shall conform to all requirements of this ordinance.
B.
Before approval of a site plan, the reviewing board may request the
applicant to make modifications in the proposed design of the project
to ensure that the above criteria are met.
A.
The landscaping plan shall illustrate the existing and proposed landscape
development of the property, including the location, layout, type
and size of buffers and landscaped areas, plant material, fencing,
screening devices or other material proposed.
B.
The minimum requirements for landscaped buffer areas are as follows
in Table 13-1.
|
Table 13-1
Landscape Buffer Requirements
| ||
|---|---|---|
|
Requirement by Lot Area
|
Depth of Buffer Along Street Lines
(feet)
(see Note 2)
|
Depth of Buffer Along Abutting Properties
(feet)
(see Notes 1 and 2)
|
|
Up to and including 43,560 square feet
|
10
|
5
|
|
43,561 square feet to 130,680 square feet
|
12
|
8
|
|
130,680 square feet to 217,800 square feet
|
15
|
12
|
|
5 acres or more
|
20
|
15
|
|
NOTES:
|
|
Note 1: Site development abutting nonresidential property shall
provide and maintain a buffer at least four feet in height. Site development
abutting residential property shall provide and maintain a buffer
at least six feet in height or at a height and density deemed necessary
by the Planning Board to protect the abutting residential use. All
buffers shall be planted but may use a combination of fencing and
vegetation to achieve screening acceptable by the Town.
|
|
Note 2: The depth of the buffer required by this section of
the ordinance shall supersede any building setback required by this
ordinance.
|
C.
In addition to other requirements of this section, 2/3 of that lot
area not devoted to structure, parking, circulation, access, service,
storage or other functions related to the principal or accessory use
of the lot shall be landscaped or left in a natural state. Areas maintained
in a natural condition shall be kept free of trash, rubbish or other
debris.
D.
At all street or driveway intersections, trees or shrubs shall be
planted so that they do not present a pedestrian or vehicular traffic
visibility hazard.
E.
All landscaped areas shall be properly maintained. Shrubs or trees
which die shall be replaced within one growing season.
F.
Exposed storage areas, machinery, service areas, truck loading areas,
utility buildings, electrical transformers, air-conditioning units,
dumpsters and other similar structures shall be screened with plantings,
earthen berms or fences complemented with plantings.
G.
All trees which are planted as part of the landscaping shall be a
minimum of two inches' diameter at breast height at the time of planting.
H.
All shrubs which are planted as part of the landscaping shall be
a minimum of two feet in height at the time of planting.
The Planning Board's final action shall consist of either:
A.
A determination that the proposed project will constitute a suitable
development and is in compliance with the criteria set forth in the
ordinance;
B.
Approval subject to any conditions, modifications, and restrictions
as the Planning Board may deem necessary; or
C.
A written denial of the application, stating the reasons for such
denial.
